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.
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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.
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