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148 In Council discussion which followed, concern was expressed by Councilman Weymouth regarding consideration for saving trees where possible, The extent of necessary removal was outlined. Councilman Arnett questioned legal liabilities with respect to the channel maintenance program, in event of subsequent flooding. City Attorney advised if maintenance was undertaken by the City, it would be necessary to acquire easements or rights of entry to carry out the program. In the event City did not acquire such rights, and obstructions in the creek resulted in damage the liability as a consequence of such obstruction would be presumably borne by the adjacent pro- perty owner, Councilman Henderson questioned whether creek cleaning procedures would be appropriate use of bond funds, or whether the cleaning should be left to the property owner, and whether the City would then have the right to require cleaning by the property owner. City Attorney indicated it was his recollection the bond funds called for construction purposes and would question if they can be used for maintenance purposes. Further, he felt the City could require owner to maintain creek, if failure to do so affected flow and damaged public use of the property. Councilman Petersen entered the meeting at 8;35 P,M, Councilman Henderson expressed appreciation to Mr. Batsford and the Director of Public Works for the amount of preparation in advance of presentation for action. She suggested, with respect to the Stulsaft Branch, that Staff be directed to in- crease capacity of the culverts to handle run-off water, and moved to accept recommendations of Staff and Consulting Engineers with respect to improvements of culverts at intersections, seconded by Councilman Arnett, Mr, Oliver Yu, 2764 Goodwin Ave., stated there was a problem with flooding on his property and spoke in favor of improve- ments. He indicated he had spoken with others who had ob- jected to full improvements, but would not object to spot improvements, He felt this method would alleviate much of the problem and further the purpose of flood control. He described how portions of his property are washing away into the creek. He favored spot improvements by the City. Councilman Rosselli questioned what legal problems might result from spot improve- ments. Staff responded that the basic problem was in spending City money for the benefit of private properties. Mr. Meek Mauk, 2535 Carson, advised he had lived at that location 18 years, and stated he had come expecting to speak for himself, but pleased to find he was receiving more support than expected, since at a clinic held in the fall, the only two alternatives offered were full creek improvements or no im- provements, and the suggestion of spot improvements was dis- missed. He offered suggestions as to placement of culverts. There was additional discussion concerning advisability of spot improvements to the channel. Mr. E. F. Sloan, 2502 Goodwin (at Connecticut), spoke in sup- port of Councilman Henderson's motion. With the added provi- sion for spot improvements, this would correct certain erosion problems. He noted that during heavy rains Connecticut Drive overflowed due to obstructions. He cited instances of flooding, which he felt enlarging culverts would alleviate. Director of Public Works acknowledged there is considerable erosion on the Sloan pro- perty, and stated proposed increase in size of culverts which would include wing walls would correct the problem.