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SDNews.com
Home SDNews

Canyon drops away as litigation looms

Tech by Tech
June 15, 2006
in SDNews
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Canyon drops away as litigation looms

Alta La Jolla Creek Canyon is no longer pristine and it’s no longer safe. Storm water pipes run under Alta La Jolla Drive and shoot drainage into the canyon, causing erosion of the protected habitat to the point that padlocked fences and gates bar access to its trails. Fingers have been pointed, and the La Jolla Alta Master Council is suing the city for failing to maintain the storm water system that has damaged the canyon.
“Over the years (the drainage) has taken a canyon that had virtually no erosion to it and has created a steep, underside gorge that runs all the way along the downstream side to depths of 40 to 50 feet, creating a dangerous condition,” said Mickey McGuire, attorney for the master council.
The city questions whether it has any responsibility to the surrounding canyons however, which are owned by the master council, said Dave Zoumaras, deputy director of the city’s Water and Sewer Design division. The city has easement rights only to the storm drain under the road, which it is responsible for maintaining. The city has entered into discussions with the master council in an effort to avoid a court trial, which is set for October. The deputy city attorney working on the case was not available for comment.
The eroding canyon isn’t a recent discovery. The master council filed a lawsuit in 2003 to stop the city from continuously deferring maintenance of the pipes.
“It is repairable by using sediment transfer techniques so that when the water comes on the downstream side (of the canyon), it is slowed down and can be controlled,” McGuire said.
A lack of funding prevented the city from addressing the storm pipes. Heavy rains in the winter of 2004 sucked money to emergencies so non-urgent projects suffered, according to Zoumaras. In April, Mayor Jerry Sanders committed $5 million to storm-drain pipes and soil restoration on Alta La Jolla Drive as part of his $20 million budget for the deferred maintenance backlog. However, the city won’t be able to address the Alta pipes for at least another year, according to Zoumaras. McGuire doubts that the mayor would have set aside $5 million for Alta La Jolla if it weren’t for the lawsuit.
In the worst-case scenario, La Jolla Alta Drive could collapse. The road has already dropped closer to the canyon bottom, according to McGuire. City engineers believe that it’s highly unlikely that the road will collapse but further erosion will take more time and money to fix the problem.
The master council and city are exploring four options to address the erosion. The master council is pushing for the fourth drainage alternative that essentially repairs itself, hence no longer relying on the city for maintenance, but it’s unclear whether it will fit into the $5 million budget.
The canyon’s designated protected status also complicates matters, since approval is needed from various agencies, including the coastal commission and California Department of Fish and Game. The area is home to certain species of fauna and flora and is also a bird nesting area.
In 1975, La Jolla Alta Drive was constructed across the approximately 100 acres of canyon, creating a dam across the natural drainage that flowed through the canyon. The developer of the La Jolla Alta project entitled the city to run storm-drain pipes underneath the road to carry drainage from one side to the other.

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