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Oceanside residents worry about clogged riverbed
By: PAUL SISSON - Staff Writer
Council says no to lot split in Henie Hills | ∞
OCEANSIDE -- Faced with residents angry over the clogged state of the San Luis Rey riverbed, the Oceanside City Council promised to keep the pressure on, but stopped short of ordering a clearing operation without first getting one final permit from the California Department of Fish and Game.
"The bottom line is, our citizens are at risk, we need to keep the pressure on," said Councilman Rocky Chavez. "The citizens of Oceanside are being held hostage by these bureaucrats."
"We will take whatever action is necessary under emergency circumstances," added Mayor Jim Wood.
Trees and brush carpet the river bottom throughout the city's seven-mile flood channel. The Army Corps of Engineers, which finished building the channel in 2000, still has not been able to clear it because the various environmental agencies are concerned that doing so could harm sensitive species that live in the channel.
The seven-year logjam has left the city with a flood channel that is now a flood danger if a large storm washes a mass of brush downstream all at once, forming an impromptu dam on bridge pilings in the riverbed.
John Rice, who lives in a flood zone near Douglas Drive, said he gets more frustrated every day he sees the problem continue.
"We've got to do something, it's taking too long," Rice said.
"I don't understand why it has to be so hard," added Dawn Wood, Rice's neighbor.
City Manager Peter Weiss said he has no confidence that a long-promised clearing operation by the Army Corps of Engineers would begin in the channel before fall.
The council also addressed a basic issue of property rights Wednesday night.
By a 3-2 vote, with Councilmen Jerry Kern and Chavez in opposition, the council denied a request from Oceanside resident Milan Miljkovic to split his 25,347-square-foot lot at 3079 Skyline Drive. Various members of the Miljkovic family told the council that they need the split to build a second home on the property that would provide enough room to take care of their parents.
"All we want to do is live together so we can take care of our parents," said Nada Miljkovic "There are seven of us, and we can not all live in that little house."
The property is in Oceanside's Henie Hills neighborhood, which features large lots. Dozens of Henie Hills residents turned out at the council meeting to oppose the split on grounds that chopping a spacious lot into two smaller chunks would lead to many more divisions and would eventually create a crowded neighborhood with less privacy.
Franciscus Welman, who lives in the neighborhood, said he was not comfortable with neighbors telling each other what they can do with their property.
"Next thing you know, they're telling you you can not plant that tree," he said.
But others noted that splitting lots requires a conditional-use permit from the city. The council, they argued, has every right to consider quality-of-life questions when deciding whether to issue a discretionary permit.
Esther Sanchez, one of the three council members who voted against the lot split, said she believes local government should consider the effect of a decision on the surrounding neighborhood.
"I think we have to consider the collective property rights," Sanchez said. "This would change the character of the neighborhood."
Kern, on the other hand, noted that the community's homeowners association had many years to amend its bylaws to forbid lot splits if the neighborhood does not want them.
"If it doesn't specifically say you can't do it, that means you can do it," Kern said.
Councilman Jack Feller, who also voted against the lot split, said he found both arguments persuasive.
"It's killing me. I know people on both sides," Feller said.
-- Contact staff writer Paul Sisson at (760) 901-4087 or psisson@nctimes.com.
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Total lack of leadership; wrote on Jan 10, 2008 6:27 AM:This issue represents a failure of our current Mayor and elected officials. How can you expect a dysfunctional group that has no priorities and no understanding of their fiscal responsibilities to effectively lobby for the approvals necessary to advance this issue? This problem represents a failure of leadership at the highest level of our city, you can try a avoid responsibility, you can try and shift blame, but the failure is on your shoulders Mayor, it is on your watch. The residents of Oceanside deserve better than is being delivered.
No Fish Just Game wrote on Jan 10, 2008 6:56 AM:A fish couldn't live in that mess and the Game is Political. Rocky calling the others Bureaucrats! He needs to look in the mirror! Remember these Council members on Election Day!
Run Away Train wrote on Jan 10, 2008 7:52 AM:Dealing with issues of the San Luis Rey riverbed and Loma Alta Creek flooding is this Councils responsibility. We have a problem like the Sprinter Line does. A train being pushed by a caboose with NO engineer at the throttle, endangering the Public.
The council majority wrote on Jan 10, 2008 8:16 AM:is Feller, Kern & Chavez. They are responsible for the abject failure of the city to address the pressing issues of the day. Remember Feller on Election Day!
Marie wrote on Jan 10, 2008 8:49 AM:"Run Away Train" obviously hasn't even seen the Sprinter train - it has an engineer and they drive it. When the train gets to one end, the engineer walks through to the other end and then begins driving it in the opposite direction. Danger to the public is people who cross or walk the tracks illegally or who drive around the downed gates.
Randy wrote on Jan 10, 2008 9:10 AM:When there is a major flood or fire in the San Luis Rey riverbed, we can't sue the council majority individually because they are immune from lawsuits so long as they are just doing their jobs. What a racket!
Voice of Reason wrote on Jan 10, 2008 11:01 AM:The issue of San Luis Rey maintenance is much more complicated than the above comments reflect. The Army Corps of Engineers technically own and are responsible for the maintenance of the San Luis Rey River - not the City. If the City embarks on their own maintenance of the riverbed, the State could, and most likely WILL, fine the City a lot of money...hundreds of thousands of dollars or more. If the State fines us, and they have every statutory authority to do so, that could mean more taxes on residents. Chavez is right, we are dealing with bureaucrats...bureaucrats that do not have a process in place for maintenancing riverbeds because of the disjointed implementation of so many laws and mandates. The City, and all other San Diego County jurisdictions, have been fighting for years with the State to develop a formal process so we can maintenance our creek and riverbeds. So, please, before you start crucifying the council - not that I am a big fan of any of them - understand the facts first.
Hilarious! wrote on Jan 10, 2008 11:50 AM:You should have seen Jack squirming trying not to lose votes on the lot split issue. An absolute belly-laugh. Then he turns around and wants to outlaw the lawful businesses of massage therapy. Just had my best laugh in years! A prude and scrambling fot votes all on the same night!
Jeff wrote on Jan 10, 2008 12:48 PM:I bet Feller had waffles for breakfast this morning. He says he is for property rights then denies them to a property owner. He says he is against the lobbyist ordnance then he votes to keep it in place. Oh well, it must be election time. He would like to replace Wood but now he votes just like him; every vote is calculated on votes you can get and not on principle. Why would I vote for Feller when he votes and acts just like Wood? Would somebody give me an idea of you we can get to be a real mayor!
Re: Run Away Train and Marie wrote on Jan 10, 2008 1:27 PM:I thought Run Away Train was speaking metaphorically, but after reading it again, maybe he wasn't. Some see the whole process where the ends justify the means, leadership appears to be iffy, and is financially going to cost the taxpayers for years to come. Sounds like a good metaphor to me, even if it wasn't on purpose.
Accepting Complacency wrote on Jan 10, 2008 1:32 PM:It would seem that the Voice of Reason is to justify this San Luis Rey River incompetence as simply being lost in the bureaucratic shuffle. Perhaps we are too stupid to understand the complexities of it taking 7 years to work out the transfer of this project to the City. Well I don’t buy it and no one else will buy more excuses either. Someone needs to take a leadership position on this issue; we should not have to accept the status quo on this problem and certainly not accept the position “this is somehow beyond our control”. I know this is an embarrassment for the City, but if Mayor Wood is not the man for the job perhaps he should get out of the way.
San Luis Rey River Problems: wrote on Jan 10, 2008 1:34 PM:It would seem to me if Gov. Schwarzenegger can sue the Federal Government over global warming, Oceanside should be able to sue the State Government over endangering our safety.
Troubled wrote on Jan 10, 2008 2:59 PM: I agree with Jeff. Flip-Flop Feller has just lost my vote and Wood never had it. We need a man or a woman who has leadership ability to run for Mayor. Any ideas?
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