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HomeMy WebLinkAbout07/20/1961ADJOURNED CITY COUNCIL MEETING July 20, 1961 - -- 7:30 P. M. CITY HALL Invocation was given by Mayor.Clay.P. Davidson. ROLL CALL: Present - Miss Margaret M. McNeil, R. L. Graves, Jr., Donald Q. Miller, Clay P. Davidson. Absent - Gerald W. Shipsey ' CITY STAFF PRESENT: Administrative Officer Miller, City Attorney Houser, City Clerk Fitzpatrick. Also present: Fred Kimball, Supervisor District;463; Bob Edmonston, Consultant. ------- -- - ----- 1. On motion of Councilman Miller, seconded by Councilman Graves, the following correction was-made to the minutes of July 3, 1961, Page 8, Item 4628: "On motion -of Councilman Shipsey, seconded by Councilman Miller, it was moved that the recommendation of the Planning Commission be accepted and that the request of the Nebraska Lands, Inc. be adopted for the City to retain a one -foot strip subject to the condition that the adjoining property owner, in order to obtain success, must;pay to the City the cost of the curb, gutter; and sidewalk and retaining wall fronting said property, and that the City will reimburse the subdivider in said amount if received within ten years after acceptance by the City. Thereafter the City will keep said amount to offset maintenance and repair cost. 2. Communication from Colonel Sherry, Camp San Luis Obispo, inviting the City Council to attend the National Guard Officers Candidate School Graduation Exercises at Camp San Luis Obispo on July 22, 1961. Communication received and filed. S. Communication from Ernie Graves, operator of the E & E Cafe requesting that the City Council change the prohibited parking in the one thousand block of Monterey Street from the present No Parking.3 a.m. to 5 a.m. to No Parking '4-a.m. to 5 a.m. -Referred..to the City Traffic Committee. 6. Discussion of retail merchants' informal request to block off Higuera Street between Morro and Broad all day Tuesday, September 12, for Sidewalk -Days. Mr. Miller, Administrative Officer, presented the request to the City Council df discussions had with members of the downtown retail merchants'-group- After some discussion, it was moved by Councilman Graves, seconded by Council- man Miller, that the request be denied due-to the fact that Higuera Street is one -half of a one -way street couplet without making provisions for two - way.'.traffic on adjoining streets.-,.There would also.,be problems in securing approval for such action from the Division of Highways. 7. The City Council took into study the matter of the operation of the Santa Margarita Lake as a recreation area. The City Clerk read a letter from..Mr. Thompson,-Water Superintendent,-dated July 20, 1961 on the Santa'Margarita Lake; - historical background.problems,'public health considerations,•etc. Thei'City Clerk read a copy of a letter from Timothy J. Gannon, Sanitary Engineer, State Department of Public Health, to Mr. Thompson, Water Superintendent regarding recreational uses of Santa Margarita Lake. The City Clerk then read a copy of a letter from George L. Harber,-County Health Officer, to Mr. Fred Kimball, County Board of Supervisors, regarding problems brought about by recreational uses on Santa Margarita Lake. At this time Mayor Davidson made the following statement:- "As we discuss the problem of the City's Salinas water supply this evening we must first realize there should be a mutual understanding between City and County agencies that the City holds an inalienable right to the water which we are using and must expect that this water in storage be kept in the best possible condition considering the facility was buile primarily to be used as a domestic Water Supply. "The position of the City of San Luis Obispo at Santa Margarita Lake is rather unique in that the County which operates the recreational area collects storage and transmission eharges on City owned water. The City which has a property right in the water for domestic.pnrposes, had to obtain a permit to use the water for domestic purposes, from the State Department of Health, yet the City has no direct means of protecting the quality of the water . which it furnishes to more than 22,000 people. "On January 16, 1961 the San Luis Obispo County Board of 'Supervisors adopted as a guide, Title 17, Article 5, Sections 7623 through 7630, for the operation of the Santa Margarita Lake. 1 "According to the Board Order of July 17, 1961 the Board unanimously voted in favor of the following motion: Overnight camping be allowed at Santa Margarita Lake and that proper procedures be taken to implement a revised application for recreation on the lake, with the City of San Luis Obispo to make proper application to the State Board of Health to allow overnight camping. "Under our existing permit with the State Department of Health, overnight camping is not allowed and since the Board of Supervisors request the City apply for a permit with overnight camping allowed, it is suggested that this application be filed under Title 17 in strict conformity with section 7627 as follows: "The application should be accompanied'by a detailed plan, including maps, showing reservoir area and location of appurtenant existing and planned, facilities, a statement describing the details of intended recreational use, plans and description of the recreational and sanitary facilities to be provided. An itemized budget adequate to cover-all required standards. Detailed description of m&intenance and operation of these facilities and L -' supervision of persons permitted in the'area. Allof the above mentioned requirements to be furnished by San Luis Obispo County and the fail cost to be borne by the County. "The City suggests that the following standards be considered for adoption by the County: 1.• Prior to filing the application, the maximum number of persons permitted on the property should be agreed upon by the City, County and State Health Department. 2. Weekly reports should be made to the State Health Department record- ing the lake level. The detention time in the portion of the lake closed to the public would then be determined. A minimum detention time should be determined,'and the reservoir and watershed should be closed-to public use if this minimum were reached. 3. San Luis Obispo County Sanitarians should inspect all facilities two times per week and take samples of the raw water once each week, and a full report of findings submitted to the State Health Department and City of San Luis Obispo each week. 4. Only chemical toilets should be installed within the drainage area and the contents thereof removed to an approved area. 5. A regular algae control program should be instituted at once in sufficient quantity to stop the growth as now exists in the.lake. 6. At all times (24 hours per day) there should be at least one patrol- man-on duty and actively patrolling the grounds and lake. 7. During daylight hours; at least two patrolmen should be on duty and one additional patrolman for every 150 people or any portion thereof over 300.' 8. A study should be made by the County and a detailed plan of posting of regulations submitted to-the-City for its approval as soon as possible. 9. Each person entering the property should be required to register and acknowledge receipt of printed regulations. 10. The City of San Luis Obispo should be reimbursed by the County for any extra treatment costs incurred by the City and demonstrated to be attributable to the recreational uses of the lake. 11. A weekly clean-.up-of the watershed area should be made by the County to prevent waste and debris from accumulating and washing into the lake. 12. The Board of Supervisors should adopt or continue in effect any ordinances necessary to regulate the use of the area and to prevent pollution or contamination. 1 13. The island near the log boom should be closed to public access and should be posted to prevent trespassing. 14. The White Oak Flat Road should be closed to public access. No camping should be permitted in either White Oak Flat or Vaca Flat. 15. The ratio of toilets should be at least one toilet for each sex for each ten campsites, and adequate facilites for general public use should be installed elsewhere within the drainage area. 16. Trailer houses or mobile camper units with toilet facilities should not be allowed within the area. ..17. The County should agree to hold the City harmless from any liability damage or claims of damage resulting from recreational use of the reservoir area. "Should the Board of Supervisors.accept _ or already have accepted these standards and procedures and record same by resolution to be appended to the City's amended permit, the City would proceed to have its permit amended so as..to allow overnight camping." The City Council discussed the Mayor's proposal for control of Santa Mar- ' garita Reservoir recreational area and various aspects of the Mayor's re- commendation such as algae control, posting of signs, and toilet facilities. Supervisor Kimball asked that the County Health Department.be allowed to review the Mayor's recommendation for control standards at Santa Margarita Lake as corrected by the City Council. Mayor Davidson stated that the first step that must be taken is to establish some set of standards for control of recreational use at the.lake and that the protection of the water users must be kept foremost in any consideration. Councilman Miller stated that before taking any action on the Mayor's suggestion that a joint meeting be set up between the City Council and Board of Super- visors for joint discussion on this problem. It was suggested after discussion that a joint meeting between the Council and the Supervisor be held August 9, 1961 for discussion of standards for operation of !Santa Margarita Lake as a recreational area. At this time the Board Order of the County Board of Supervisors, dated July 17, 1961 was read to the Council -as follows: "On motion of Supervisor Perkins, seconded by Supervisor Lee, and on the following roll call vote, to -wit: AYES: Supervisors Perkins, Lee Gates, Kimball, Chairman Drake NOES: None ABSENT: None "Supervisor M. Roland Gates is hereby authorized to go to Washington, D. C. to negotiate for the purchase,•by the County, of the Santa Margarita Lake facilities and operate Santa Santa Margarita Lake and have the water reappor- tioned." The City Council discussed the Board Order stated above and suggested that Mayor Davidson.wfite a letter to the Board of Supervisors regarding the above Board Order. The letter to be sent to the Board of Supervisors as follows: "In accordance with a motion unanimously passed by the City Council of the City of San Luis Obispo at a regular adjourned meeting on Thursday, July 20, 1961s I have been authorized to communicate with you relative to the reso- lution of your Board of July 17, 1961, "In the Matter of Authorization for Supervisor M. Roland Gates to go to W.:shington, D. C., to Negotiate for the Purchase by the County of San Luis Obispo of the Santa Margarita Lake, Etc." In the authorization, Mr. Gates was to "have the water reappor- tioned." "The City Council is gravely concerned with the foregoing action by your Board, particularly as it appears to ignore the established rights of the ' City of San Luis Obispo to water stored in Santa Margarita Lake. As you know, this City for over sixteen years has been beneficially using waters from this reservoir under State Water'Right Application Number 10216 and Permit Number 5882, and in accordance with a contractual arrangement with the United States of America, the owner of the facility. "Prior to the initiation of negotiations by Supervisor Gates with the United States, we would appreciate the opportunity of meeting with your Board to discuss the purpose of this action and its effect on the City of !San Luis Obispo. We consider this a matter of utmost urgency, and would suggest August 9, 1961 as a date for the meeting. If agreeable with you, the meet- ing could be held at 10 a.m. in the Council Chambers, City Hall. "We trust that the foregoing date will meet with your convenience and that you will agree that such a meeting will be for the mutual benefit of the City of San Luis Obispo and the County, and in the interest of developing understanding and co- operation in a County -wide water plan." It was moved by Councilman Graves, seconded by Councilwoman McNeil, that the above letter be sent to the Board of Supervisors. Motion carried on the following toll call vote: AYES: Miss Margaret M. McNeil, R. L. Graves, Jr., Donald Q. Miller, Clay P. Davidson. NOES: None ABSENP : . Gerald W. Shipsey. , On motion of Councilman Miller, seconded by Councilman Graves, the Mayor was authorized to write a letter 'to the Board of Supervisors regarding the setting of standards for operation of Santa Margarita Lake. The motion carried on the following roll call vote: AYES: Miss Margaret M. McNeil, R. L. Graves, Jr., Donald Q. Miller, Clay P. Davidson. NOES: None ABSENT: Gerald W. Shipsey. 8. Communication from the State Water Rights Board regarding publication of notice of application by the City for amendment to the City's permit for Salinas Dam water. Received and filed. 9. Communication from the Department of Water Resources regarding the-City's application for a recreational grant under the Davis- Grunsky Act for the Whale Rock Project referred to Richard D. Miller, Administrative Officer, to write to the Department of Water Resources, on motion of Councilman Graves,- seconded by Councilwoman McNeil, explaining that due to the City's financial involvement in the Whale Rock Dam Project, no moneys are available for re- creational development at this time; but wished to keep the grant open if the City could proceed-at a latei date. 10. Communication from the City Planning Commission stating that in accordance with the City Council's wishes, the City Planning Commission has appointed Commissioner Kenneth Schwartz to be a member of the committee studying tree planting in the downtown area. Communication received and filed. On motion of Councilman Miller, seconded by Councilman Graves, the meeting adjourned at 11 P. M. Approved this 7th day of August, 1961. j �-