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HomeMy WebLinkAbout03/27/19621` Mayor Davidson welcomed the Steering Committee members to the meeting and urged that they organize themselves with a chairman, Vice Chairman, secretary and finance chairman so that the committee could start their imFortant work of presenting the two revenue bond issues to the public. Mayor Davidson stated that he, the City Council and City Staff would be available to the committee at any time for help or counsel and would be very happy to do anything to make their job easier. The committee organized themselves as follows: Chairman: Fred M. Waters; Vice Chairman: H. Newby; Secretary: Herbert Theiss; Finance Chairman: Joseph Middleton. 2. Mayor Davidson announced to the Council present that on'this date, the County Board of Supervisors passed an order to County Department heads ordering that Santa Margarita Lake be opened to overnight camping on April 16, 1962, with 63 camp sites. The Council discussed what steps should be taken by the City Council in view of the recommendation of the County Health-Officer and todya's action by the County Board of Supervisors. On motion of Mayor Davidson, seconded by Councilman Graves, that the City file a formal protest with the U. S. Army against the County establishing overnight camping at Santa Margarita Lake and that the State Health Department also be notified of the Council's action. Motion carried. The City Council then discussed what points should be covered in the protest to the U. S. Army. On motion of Councilman Miller, seconded by Councilman Graves, the meeting adjourned to 5•P.M., Tuesday March 27, 1962.J/ ADJOURNED MEETING OF CITY COUNCIL March 27, 1962 - 5:00 P.M. CITY HALL Roll Call Present: Donald Q. Miller, R. L. Graves, Jr., Clay P. Davidson Absent: Miss Margaret M. McNeil, Gerald W. Shipsey Staff Present: J. H. Fitzpatrick, City Clerk; William Houser, City Attorney; E. P. Thompson, Water Supt.; R. D. Miller, Administrative Officer 1. City Attorney Houser read the following Resolution of the County Board of Supervisors dated March 26, 1962: Resolution requesting ruling of California State Department of Public Health relative to recreational use of Santa Margarita Lake recreation area. The following Resolution is now offered and read: WHEREAS, the County of San Luis Obispo operates the Santa Margarita Lake recreation area pursuant to the provisions of that certain License Agreement with the Department of the'Army dated March 19, 1956; and WHEREAS, pursuant to said License Agreement, said County under date of December 12, 1961 requested approval of an expansion of said recreational use to include, among other things, overnight camping, from the California State Department of Public Health; and 1 I I 1 WHEREAS, to date no reply indicating either approval or disapproval of said expansion of use has been received from said State Department of Public Health: NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of the County of San Luis Obispo, State of California: 1. That the California State Department of Public Health be, and it hereby is requested to reply to the letter of December 12,.1961 from the Director of Public Works of.the County of San Luis Obispo requesting expansion of use at Santa Margarita Lake Recreational Area as required under the terms of the License Agreement of March-19, 1956 between ' said County and the Department of the Army. 2. That said State Department of Public Health-be, and it hereby is further specifically requested to reply as to whether or not overnight camping in said Recreational Area is, or will be approved by said Department, either under the terms of aforementioned letter of December 12, 1961, or as an additional use under the present plan of operation. The City Council then prepared the following letter to be mailed to the U. S. Army protesting action taken by the Board of Supervisors on March 26, 1962: "The Council of the City of San Luis Obispo strongly protests the arbitrary and defiant action taken by the Board of Supervisors of the County of San Luis Obispo in ordering the opening of the Santa Margarita Lake area to some sixty (60) overnight camping sites on April 15, 1962. "The County Board of Supervisors, at their regular March 26, 1962 meeting, by a three to two vote passed the following motion: "It was moved by Supervisor Gates, seconded by Supervisor Perkins that Santa Margarita Lake recreation area be opened on April 15 to overnight camping in the established camp sites and day camping only in the White Oak Flat area with usual precautions under Title 17 of the Administrative Code, and that it be necessary for the Health Department to get a Court order to close the area to camping." The motion was passed on ' the following roll call vote: Ayes - Supervisors Gates, Perkins and Lee; Noes - Supervisors Kimball and Drake. "The Board's action is in direct defiance of the County Health Department's recommendation (see copy enclosed), the.State Department of Health procedual rules and in violation of the License with the Department of the Army providing for recreational use at the Salinas Dam and Reservoir area. Not only is the Board not obtaining prior State Health Department approval of their plans but, as stated in their motion, will not close the camping unless the State Health Department obtains a Court Order. "These overnight camping sites were originally opened to the public in violation of the license and the Health Department's permit, but were recently closed after the City of San Luis Obispo indicated the violation. There have been several such violations by the Board in the past which the City has overlooked upon obtaining assurances from the Board of Supervisors that proper steps would be taken to correct the violations. "Specifically, the following provisions of the License Agreement with the Department of the Army are being ignored: A. Paragraph 5 required approval of the Master Plan by the State Department of Public Health. The camping sites and swimming pool operation have not been approved by the Department of Health, nor ' has said Department approved the County's plans of operation or the type of facilities to be installed. B. Paragraph 18 provides for revocation of the License in the event the recreational use interferes with the City of San Luis Obispo or other authorized users. The attached statement of the City of San Luis Obispo points out the serious algae control problem and the adverse effect of the deteriorated water supply.. In spite of repeated requests, no plan or intention of controlling this problem has been expressed by the County Board of Supervisors. C. Paragraph 21 prohibits use of personnel paid by the Flood Control District being simultaneously engaged in the recreation project. The County's Recreation Plan includes the use of such personnel and equipment. D. Paragraph 25 prohibits sewage or other waste from being permitted to enter the reservoir. The monthly report of the County Health Department has consistently recommended that provisions be made for disposal of sink waste which has been completely ignored by the Board of Supervisors to date. The report has made other recommendations regarding the toilet facilities which have also been ignored. E. Paragraph 29 required that the County obtain such permission as may be necessary in operating the facility. By Board Resolution dated January 16, 1961, the County Board of Supervisors agreed to follow the procedure and requirements outlined in Title 17- of the California Administrative Code which requires that the consent of the water purveyor, which is the City of San Luis Obispo. This consent has not been obtained. As pointed out in the attached statement, the City has experienced a serious problem in using the Santa Margarita water supply insofar as odor, color and taste problems, and has failed to meet the State and U. S. Public Health Service standards in the bacteria tests. A statement of the Council's official position is also attached, which would permit the existing daytime recreational use to continue but protests extending the recreational facilities until the County "places itself under the jurisdiction of the State Department of Health to enable said Department to supervise and enforce their requirements and until the County institutes and proves a treatment program to improve the quality of the Santa Margarita Lake water and prevent the reoccurrency of the extremely poor quality of the water. Neither the City nor the Health Department can continue to ignore the repeated violations of the U. S. and State Health Department Standards and a positive correctional program must be instituted to enable the City to continue using this water supply. The City of San Luis Obispo has no intention of giving up its water rights and feels that it is being reasonable in demanding that the recreational use not be extended until these problems are resolved to the satisfaction of the proper health officials. We do not believe that the Army or the State Health Department can ignore these violations and that any increased recreation use can only compound the serious health problems that are involved." It was moved by Councilman Miller, seconded by Councilman Graves that the Mayor be authorized to send this letter, the background statement, City Policy and County Health Officers statement to the U. S.,Corps of Engineers and the State Department of Public Health. Mr. Bob Williams, Concessionaire at Santa Margarita Lake, suggested that possibly the City might wish to participate in employing the patrol personnel on the lake so that the Council might feel better about the control problem. He also stated that this might make the relationship between the City and County more palatable and that their problems could be solved to mutual benefit. Mr. Williams briefly explained to the Council some of the problems he faces as Concessionaire at the Lake. He stated that he had always attempted to follow all the requirements in operating the recreation area. He further stated that he was sure that these problems could be worked out and that he and other people want the City to receive pure, wholesome, and potable water but also want to use the lake for recreation. 1 1 1