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HomeMy WebLinkAbout11/21/1989, 3A - WHALE ROCK COMMISSION MEETING, MONDAY, NOVEMBER 27, 1989 9Original Agenda Report f-- 11/14/89 Council meeting. �II►N�IIIII�����I��I IIII 'h/ r — MEETING DATE:��U city QT SanIUiS OgIspO November 1989 COUNCIL AGENDA REPORT MU NUMBER: FROM: William T. Hetland, Utilities Director SUBJECT: WHALE ROCK COMMISSION Meeting, Monday, November 27, 1989 RECOMMENDATION: Review and give direction to staff as necessary. RECEIVED NOV 9 1969 CITY CLERK SAN LUIS OAISPO,CA A MEEnN aI�INI1f1��81��AI►���� ��� city of San LUIS OBISPO November DATE: COUNCIL 21 1989 COUNCIL AGENDA REPORT 17 - FROM: William T. Hetland, - PREPARED BY Allen Short Utilities Director W Water Division Manager SUBJECT: Coastal Streams Diversion- and Storage Project: Analysis of Institutional and Financial Issues RECOMMENDATION: Staff recommends that the City Council receive and review the report and direct Whale Rock Commission members to authorize Whale Rock Commission to: 1. Proceed in the negotiation phase. 2. Establish a negotiation team. 3. Obtain independent counsel to periodically review the agreement. BACKGROUND: The Coastal Streams Diversion and Storage Project (CSP) is a proposed water supply project involving eight (8) streams in the Morro bay area. The concept of the project is to capture excess runoff, which would otherwise flow into the Pacific Ocean. This would be accomplished by constructing low concrete diversion dams in the stream channels. The water would then be conveyed either to the Whale Rock Conduit and to Whale Rock Reservoir or to the San Luis Obispo or Morro Bay water treatment plants. A key element of the CSP is the development of a formal agreement among the agencies that will participate in the project. The agreement must identify the level of participation of each . agendy's operational responsibilities, yield allocation and cost distribution. The type of formal agreement and the cost sharing are identified under the institutional and financial issues of the project. Leedshill-Herkenhoff, Inc. as part of the scope of work under Part D, per the contract dated November 28, 1988 , has identified and analyzed the institutional .and financial issues. The final report has been completed and issued to the various staffs for distribution. The purpose of the- report was to provide an indepth analysis of the complex institutional and financial issues related to the implementation and operation of the CSP. *snores act;on by Lead Person CMMI d ARECEIVED O Ao NOV 2 1 1989 I �r cm CLERK V SAN LUIS OBISPO,CA 1111011palg city of San lues OBISpo COUNCIL AGENDA REPORT Page 2 Certain key equity concepts are: 1. The Whale Rock Reservoir is owned and operated by the State of California and the City of San Luis Obispo. While other agencies should be allowed to benefit from the facility, new agencies should pay their fair share contribution for the use of the present facilities and unless this is done should have no right to the present water supply. Agencies not participating in the Whale Rock Agreement should not benefit from what others have created, unless they provide for equitable reimbursement for use and benefit. 2 . The Coastal Streams Diversion project will substantially add new water to the reservoir. The new water should be accounted for and allocated on the basis of the percentage of financial participation in the project necessary to create the new water. Overall, the goal is to separate the existing situation from the prospective situation and to base receipt of the new water on percentage of contributions for the construction costs necessary to create the new } water. The report by Leedshill-Herkenhoff identifies two key issues which can be separated into two distinct categories; a) Water Sharing and b) Cost Allocation. Under the Water Sharing category the issues are: 1. Method - There are two basic choices behind the water sharing policy. 1) The annual entitlement which allows each agency to use any amount of water up to a pre-determined maximum limit in each one year period or 2) the storage volume accounting method which allocates a portion of the existing storage volume at the time an Operating Agreement becomes effective. Currently the Whale Rock. Project operates under the Storage Volume Accounting Method. Staff' s recommendation is to continue to use the Storage Volume Accounting Method. 2. Definition of Yield. - The average annual yield attributable to the project will vary significantly depending on the operation of Whale Rock Reservoir. The yield must be defined. Do we get what we pay for is the policy issue. Staff recommends that additional analysis be performed by the City during negotiations to make sure the final project is in the best interests of the City. � . miWNlllllrll����I city of San Luis OBISPO COUNCIL AGENDA REPORT Page 3 3 . Natural Inflow - Natural inflow to Whale Rock Reservoir will be a primary source of replenishment. Additionally, this will be the primary manner in which each agency's storage account can be increased. Under the entitlement allocation method natural inflow need not be accounted for or identified. Under the Storage Volume Accounting Method which is current policy, the natural inflow could be shared among all participating agencies. We should keep what we now get and properly share the increase. Staff recommends the Storage volume Accounting Method and that all natural inflow be shared among all existing Commission Agencies, but not the Coastal Streams agencies. 4 . Stream Diversions to Reservoir - Stream Diversions to the reservoir need not be accounted for or identified if the i Entitlement Allocation Method is used. If the Storage Volume Accounting Method is used, the water allocated by diversion into the reservoir from the project must be addressed. The concept is that the present members of the Whale Rock Commission get what would normally flow to Whale Rock Reservoir and that the Coastal Streams increase be allocated on the basis of who pays the cost of obtaining it. Staff recommends that the Storage volume Accounting Method I . be used and storage of project diversions should be j accounted for based on project cost allocations. i 5. Direct Diversions' to WTP - Direct Diversions would not require the use of Whale Rock Reservoir but would require use of the project facilities and Whale Rock Conduit. Direct diversions could be treated in the same manner as stream diversions to the reservoir, or direct diversions could be considered to be completely separate from diversions and not be subject to the accounting procedures for the reservoir. Staff recommends: I 1. That direct diversions be considered separate from storage. 2. Development of a specified section of the agreement to use the Whale Rock project facilities for direct diversions. 3. A priority schedule be developed to determine whether reservoir diversions or direct diversions have first priority in the event adequate stream flow is not available or the systems hydraulic configuration does not allow both types of diversions simultaneously. city of San Luis OBispo NiZ COUNCIL AGEN®A REPORT Page 4 6. Evaporation - Evaporation loss constitutes a significant amount of the water supply. Staff recommends that the Storage volume Accounting Method be used and allocate the loss to all parties in proportion to the amount of stored water for each agency. 7 . Downstream Releases - Downstream releases is an obligation of the Commission to release up to 660 Acre Feet per year to downstream users. Under the Entitlement Allocation Method, downstream releases do not need to be accounted for or identified. Under the Storage Volume Method the water released to the downstream users should be considered as unavoidable. Staff recommends that the Storage Volume Accounting Method be used in addressing the downstream releases and allocate the loss to all parties in proportion to the amount of stored water for each agency. 8. Reservoir spills - If the Entitlement Allocation Method is' used, they will not be accounted for or identified. Under the Storage Volume Accounting Method all storage accounts are reset in proportion to the contract percentages if the reservoir spills. The concept is that non-member agencies would spill their water first and Whale Rock members would spill only after all Coastal Streams water was lost. The "old water" for Whale Rock will take precedent over the Coastal Streams "new water" . Staff recommends that the Storage volume Accounting Method be used in addressing reservoir spills. For non-member agencies, their storage accounts would be depleted in proportion to the volume in storage before the member commission agencies. 9. Reservoir "Trigger" levels - There will be many occasions when the project streams will have adequate stream flow but diversion to Whale Rock Reservoir will not be possible or prudent. Staff recommends that this issue be addressed in the negotiation process and alternatives be considered and the one selected be in the best interest of the City. 10. Minimum Pool - Minimum Pool storage volumes are currently being addressed. Staff recommends a minimum pool level of 2000 Acre Feet. 11. SIA Storage Deficiency - The City-SLO's coordinated operation of Salinas Reservoir and its share of Whale Rock Reservoir may have a significant impact on the project yield and operation. Staff recommends that no storage be given up or lost unless the net effect is an increase in the City's safe annual yield. �� � ��IIAIII11111 city f - 1A c� o san lugs oBispo IM fl� COUNCIL AGENDA REPORT Page 5 Under the Cost Allocation, the issues which need to be addressed are: 1. Capital Costs - Capital Costs include engineering design, legal and administrative assistance, construction, and construction management. Staff recommends that the allocation of these costs to individual agencies be in proportion to their share of the new allocated water. 2 . Operation and Maintenance Costs - Operation and Maintenance Costs for the project consists of energy for pumping water into and out of Whale Rock Reservoir, labor and equipment costs for operating the project facilities. Staff recommends that costs associated with power, chemical, O&M and labor be allocated to the individual agencies in proportion to the allocated amounts of new water. 3 . Energy Costs - Energy Cost for pumping water into Whale Rock Reservoir from project diversions facilities and for conveying water through the conveyance system(s) will constitute a high percentage of overall operating costs. Staff recommends that the Storage Volume Accounting Method be used and the costs associated with energy consumption, labor and O&M be allocated to the individual. agencies in proportion to the allocated amounts of new water. 4. Financing - Morro Bay is attempting to secure a low- interest loan up to $5 million from the State for use in financing the project. Staff recommends that the City support using the Morro Bay low interest loan and negotiate an appropriate rate of return to Morro Bay. 5. Whale Rock "Buy-in or User Charge.- The existing Whale Rock facilities are worth several millions of dollars and provide critical elements to the feasibility of the project. Staff recommends that "Buy-in or User Chargee be negotiated to compensate the commission for use of its facilities. 6.Water Rights- The City of Morro Bay has filed an application for the water rights on all project streams. Staff recommends that the yield from the project be split by percentage and that the water rights permit itself include the names of each water rights participant. i . I. � �NIII ►j � city of san Luis osispo COUNCIL AGENOA REPORT Page 6 RECOMMENDATION• Staff recommends that the City Council receive and review the report and provide Whale Rock Commission members with the direction to: 1. Proceed in the negotiation phase. 2. Establish a negotiation team. 3. Obtain independent counsel to periodically review the agreement. i WP\COSTALSTRM\CA I Mf11fG AGENDA SA DATE ITEM # gill I I I III IIII����������IIII�IIIII 111111 III city of sAn luis oaspo 990 Palm Street/Post Office Box 8100 • San Luis Obispo, CA 93403-8100 November 20, 1.989 F Denotes action by Lead Person 0 pond ey: ouncil ZQA0 MEMORANDUM ity Atty. �I:y.Perk-odg. �Ivf J'lLfi' i' TO: City Council ji✓� John Dunn, City Administrative Officer 112 FROM: Allen Short, Water Division Manager SUBJECT: Whale Rock Staffing Requirements During the November 14, 1989 City Council meeting Councilperson Pinard questioned the staffing requirements and personnel who serve as Whale Rock Commission staff. Attached for your review is the memorandum addressing the staffing requirements, time allocated, and personnel assigned to those responsibilities. This document was submitted to both the Whale Rock Commission and City Council prior to the budget review process in June and was approved by the Whale Rock Commission at their June 13, 1989 meeting. Additionally, the City Council had previously on numerous occasions strongly expressed that William T. Hetland, Utilities Director reduce his staff time and responsibilities to the Whale Rock Commission. In accomplishing this objective he has delegated a majority of the Whale Rock staffing time and responsibilities to the Water Division Manager. The City of San Luis Obispo has historically provided the staffing requirements for the Whale Rock Commission. The relationship has been mutually positive, productive and beneficial to all involved agencies. If I can be of further assistance please contact me at ext: 208 or William T. Hetland at ext. 215. Enclosures c: William T. Hetland, Utilities Director � RECEIVED WRPER0NALCC\WP\#1 NOV 2 1 1989 .2=00-P CITY CLERK SAN LUIS OBISPO,CA MEETING DATE: JUNE 13 1989 WHALE ROCK COMMISSION REPORT 'TE ^NU39EA: FROM: ALLEN SHORT, WATER DIVISION MANAGER SUBJECT: Whale Rock Staffing Evaluation BACKGROUND: Within all organizations periodic review is needed to insure that the organization is operating in .the most efficient and effective. manner. An evaluation of the present mode of operation and responsibility was undertaken to determine if the current staffing arrangement is in the best interest of. the Whale Rock Commission. The City of San Luis Obispo's Water Division Staff performs a dual function. The majority of the time is spent dealing with the issues and day to day operations of the City of San Luis Obispo. In addition, the Water Division personnel are also the staff of the Whale Rock Commission. The present arrangement has been in place since the Commission was established in 1957. Paragraph 4 of the "Agreement for Construction and Operation of the Whale Rock Project" established the City of San Luis Obispo as the agency to "operate and maintain the project mutually satisfactory to the parties" . To date, this arrangement has been positive and successful. The purpose of the Whale Rock Commission staff is to provide information. to assist in the development of policy, to update projects, operate the Whale Rock Reservoir in the most efficient manner possible, and act in the best interest of the Whale Rock Commission. The City of San Luis Obispo currently is entitled to 55 percent of the volume of water that is contained behind the dam. The City's current share of the safe annual yield is 2057 acre feet of the 4400 acre feet. There has been a concern regarding the ability of the City's Water Division staff to remain neutral and act in the best interest of the Whale Rock Commission when the City of San Luis Obispo is in times of water shortage and mandatory water conservation. 2 . 0 Existing Staffing: The existing City staffing for the Whale Rock Commission is identified in table 1.0. The numbers in parenthesis indicate the percent of time/budget that each employee spends on Whale Rock operations. The organizational structure is headed by the. Utilities Director who is supported by clerical, and engineering staff. Financial services including budget, payroll, purchase orders, etc. , are provided by the City Finance Department. Legal services are provided as needed by either the City Attorney or outside counsel, depending on the issue or requirement. The Water Division -,WHALE ROCK COMMISSION REPORT Page 2 . Manager reports directly to the Utilities Director, and is supported by the Water Supply Supervisor. The Water Supply Supervisor is responsible for the day to day operations of the Whale Rock project. When problems or concerns arise within the City structure, staff is able to call upon a number of resources and expertise for assistance. The ability to call upon the required resources greatly reduces down time or project start up, and as a result, adds to operations efficiency. In addition, a number of projects or- tasks can be done in-house. instead of contracting to an outside service because of the variety .of resources available to the Commission The Whale Rock Commission is the direct recipient of those resources and expertise when the need is required. 3 . 0 Alternatives As a result, staff investigated a number of operational and staffing configurations. A list of alternative modes of operation are listed below. 1. Contract Management - Staffing and operational requirements are handled by an independent private. contractor. 2 . Composite Agency - Select individuals from each member agency to meet staffing requirements. 3 . Rotational Staffing - Staffing requirements are rotated among member agencies on a set time frame. 4. Independent Staffing - Selection by the Whale Rock commission of independent_ employees to meet staffing requirements. 4.0 Evaluation Criteria To fully evaluate the alternative operational methods and to determine the advantages and disadvantages, criteria were established which are identified below: 1. Streamlined and practical. A minimum number of levels and or agencies required to preform the required functions. The most useful and usable approach to meet staffing requirements. 2. Communication. The ability to obtain quick, accurate information concerning policy, system operations, or problems/solutions. INHALE ROCK COMMISSION REPORT Page 3 . 3 : Costs. The amount of money expended for the services and staff members obtained. 4 . Sensitivity to Commission members requirements. There are a number of political issues and concerns that are priorities of individual commission members. Each must be addressed in a manner which provides equality and sensitivity to all of the member agencies. 5. 0 Evaluation Matrix An evaluation matrix was developed taking into account the selected criteria for each of the alternatives. Each is rated on a scale of 1-5 with 1 being the lowest rating and 5 being a high rating. EVALUATION CRITERIA Mode of Operation 1 2 3 4 Total Rank Existing 4 4 3 4 15 1 1. Contract 3 3 2 5 13 2/3 2 . Composite 2 3 3 4 12 4 3 . Rotation 2 3 3 4 12 5 4 . Independent 3 3 2 5 13 2/3 Based upon a subjective analysis of each alternative method of operation, the Existing mode of operation ranked the highest. The Contract and Independent modes tied for second and third. The Composite and Rotation modes were fourth and fifth respectfully. The Existing method of operation is the most streamlined and practical as compared to the other options. It possesses the minimum number of levels for efficient and productive project operation. In addition, the maximum use of available resources to meet staffing needs and system operation is best identified with this option. The Existing mode of operation is able to quickly obtain and dispense accurate information regarding system operation, policy, agreements, and problems/solutions. The other options would require additional research and time to obtain and comply with informational request. The same would be true when important information or decisions are to be disseminated. Existing, Composite, and the Rotation options have the capability to provide additional resources and staff when required for a minimum additional cost. The other two options (Contract and Independent) i ,WHALE ROCK COMMISSION REPORT Page 4 would require additional expenditures as service and staff requirements fluctuated. Finally, the Existing, Composite, and Rotation options are all sensitive to the needs and requirements of the Commission members and member agencyies. The Contract and Independent options, because of the tenuous position, would be extremely concerned about the Commission needs and requirements. If the Whale Rock Commission decides to select one of the alternative options identified in Section 3 . 0, the advantage to changing from the current method of operation to any one of those is primarily theoretical. In theory an independent agency may offer a more equitable and fair administration of policy. The disadvantages to changing the current method of operation are numerous. Changing the method of- operation is not the most streamlined, practical and feasible. The addition of an outside agency will slow down the method and mode of communication concerning commission business and policy. Presently, difficulty is experienced when the existing operational agency tries to schedule commission events, prepare and administrate commission business and projects. An additional outside agency will compound the existing problems. The City of San Luis Obispo currently provides all administrative, secretarial staffing, legal requirements. Independent operation may require additional staffing to efficiently and productively perform the administrative functions for the commission. 6.0 Requirements to Chancre The Present Mode of Operation: when the Commission was established in 1957 an agreement for the construction and operation of the project was instituted. This agreement established the City- of San Luis Obispo as the agency which was to operate and maintain the Whale Rock Project. To change the existing staffing arrangement would require an. amendment to the Construction and Operation Agreement. 7.0 Consequences of Not taking Action:. The current mode of operation will continue. Additional administrative costs will not be incurred to properly manage the commission affairs. 8.0 Action Recommended: Staff recommends that the Commission continue the current method of operation of using the City of San Luis Obispo staff. I O m fL \ m 4 � m :J O � m 0 o U IUa 0 i ^e E O ICU o a 0 T p OIx = V m Fn f r m L O O o� W T ^ c� m P � e CL O Rl COOO T T , ^ a a m m m ra qR I `o