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HomeMy WebLinkAbout09/19/1995, 6 - NORTH COUNTY COUNCIL PRESENTATION - WATER MANAGEMENT STRATEGIES FOR NORTH SAN LUIS OBISPO COUNTY �III�^�y� ry��ry�llul MEETING DATE: I'WI�II�I�IIII�IN U� city of San Luis OBlspO Sept mbar 19 199 UNUMBER CO UNCILw�AGENDA REPORT 6 FROM: John E. Moss Utilities Dir It SUBJECT: North County Council Presentation - Water Management Strategies for North San Luis Obispo County CAO RECOMMENDATION: Receive report and hear presentation by representatives of the North County Council regarding proposed Water Management Strategies for North San Luis Obispo County and direct staff to: (1) prepare an analysis of the proposal for Council consideration; (2) direct staff to defer presentation of the Salinas Dam Property Transfer Agreements to the County Board of Supervisors until such time as the EIR for the expansion project is complete; and, (3) recommend appropriate strategies for continued development of the Salinas Reservoir Expansion Project. DISCUSSION: NCC Proposal On July 5, 1995 staff presented to Council agreements between the City and County for transfer of the Salinas Dam property from the Army Corps of Engineers to the County. These agreements were developed over the last two years through negotiations between the County and City and were developed to protect the rights of both the City and County during and after the actual property transfer. At the July 5th meeting representatives of North County agencies requested Council delay consideration of the agreements and direct staff to work with North County agencies on certain sections of the . agreements. Council complied with this request and directed staff to return with the agreements, modified as appropriate, on August 15, 1995 for Council approval. On July 27, 1995, Mayor Settle and Vice Mayor Romero, accompanied by staff, met with the North County Council (NCC) . Staff made a brief presentation of the agreements to the NCC and requested, per Council direction, comments or possible wording modifications relative to sections 4.A. and 5.B. of the property transfer agreement which may resolve North County agencies concerns with the agreements. At that time the NCC requested additional time to allow a task force, led by Supervisor Harry Ovitt, an opportunity to meet and provide alternatives for Council consideration. Again, Mayor Settle agreed to comply with their request and delayed consideration of the agreements another 60 days. On August 24, 1995 the NCC met to consider the recommendations of the previously mentioned task force. Supervisor Ovitt presented 'a draft proposal titled Water Management Strategies for North San Luis Obispo County. The NCC unanimously approved the document and moved it be presented to the City Council of San Luis Obispo on or about the 19th of September. Representatives of the NCC are here tonight (v—I 411111IIIIIII�IIN I JU I city of san L__,s 0131 SPO COUNCIL AGENDA REPORT NCC Presentation - Water Management Strategies September 19, 1995 Page 2 to make the presentation. Following NCC's presentation staff would request that Council direct staff to prepare an analysis of the proposal and provide appropriate recommendations to Council in October. Property Transfer Agreements Prior to the NCC meeting on July 27, 1995, staff did meet with representatives of the Atascadero Mutual Water Company (AMWC) and Mayor Highland of the City of Atascadero to discuss possible changes to the property transfer agreements, particularly sections 4.A. and 5.B. of the property transfer agreement. Language was modified in Section 5.B. which strengthened the reference to the operation of the reservoir for the benefit of the North County through compliance with the requirements of the "Live Stream" provision of our permit. The modified language in section 5.B. seemed satisfactory. Section 4 .A. language was modified by staff from "County agree to endorse and cooperate . . . 11 to "County will not obstruct. . . in the furtherance of the City's Salinas Reservoir Expansion project". While this language modification was received somewhat better than the original language, Mayor Highland and AMWC representatives still felt the language overly tied the hands of the Board of Supervisors. Staff is unable to recommend any further modification to the language as it would not provide the necessary assurance that the County would not block the City's project as owners of the facility, even though the City had complied with all other regulatory and legal requirements. Mayor Highland understood the City's need for this assurance but wanted to ensure that the Board of Supervisors could still act, as allowed by law, on issues such as the EIR, design improvements, etc. In that regard, staff feels that this protection is already provided to the County under section 19. Remedies Not Exclusive. One issue which has come up often is the appropriateness of the County and North County agencies to accept the provisions of section 4.A. in the absence of a certified EIR which will fully disclose the project impacts and required mitigations. While the City is pursuing the property transfer as a separate project from the reservoir expansion and staff believes the transfer would be beneficial even if the expansion project does not proceed, it seems the property transfer and expansion are so closely linked in the minds of project opposition that consideration of both issues as one may now be the preferred course of action. Therefore, staff would recommend that Council direct staff to defer further action on the transfer agreements with the County until such time as the EIR for the expansion project is complete. ���►�►► ►i�llllll1111�° ���U city of San L_AS OBISPO Nij% COUNCIL AGENDA REPORT NCC Presentation - Water Management Strategies .September 19, 1995 Page 3 Revised Strategy The above action will require a revised strategy for proceeding with the expansion project and property transfer. The current strategy of proceeding with the property transfer and the expansion project as separate projects with multiple phases was adopted by Council on February 21, 1995. At that meeting Council adopted a phased strategy for proceeding with the expansion project which would minimize the City's front-end costs. Staff will need to work with our consultants to develop a revised strategy which will continue to minimize risk, cost and time impacts to the project. FISCAL IMPACT: There is no fiscal impact associated with tonights recommended action. Any fiscal impacts associated with deferral of consideration of the property transfer agreements and a revised strategy for proceeding with the Salinas Reservoir Expansion project will be identified in the appropriate reports. Attachments: -Letter Requesting Presentation -Proposal - Water Management Strategies for North San Luis Obispo County (A 3 OF ao°•,.,°$ CITY OF EL PASO DE IROBLES "The Pass of the Oaks- 'O�aa vtrdO September 1, 1995 Mr.John Moss Director of Utilities City of San Luis Obispo 955 Morro Street San Luis Obispo, California 93401 Dear John: Pursuant to your recent conversation with Steve Martin, Paso Robles City Council member and North County Council delegate,please schedule a discussion of water management strategies before the San Luis Obispo City Council at their meeting of September 19, 1995. The North County Council hopes to engage the City of San Luis Obispo in a dialogue concerning water resources and the management thereof. Attached please find a series of recommendations formulated for the North County Council which could serve as the basis of discussion. Should you have any questions concerning the attached, or the interests of the North County Council in this matter, please do not hesitate to contact Steve Martin. Sincerely, James L.APP Assistant City Manager attachment — 5 i:,�, cc: S. Martin R.J. Ramirez J.McCarthy __:._....- 1000 SPRING STREET • PASO ROBLES. CALIFORNIA 93446 WATER MANAGEMENT STRATEGIES FOR NORTH SAN LUIS OBISPO COUNTY It is of utmost importance that the limited water resources in North San Luis Obispo County be carefully managed for the benefit of all citizens to maximize the available water. The time has past where factions of. the water users in the City of San Luis Obispo and North SLO County can afford to separately pursue use of our precious water resources. It is now time for all water users to unite for the future welfare of all of the County. We realize that only joint cooperative efforts in the area of water storage, transmission and usage, will be successful in maximizing our resources for future generations. We are now at a crossroads. Water resources can continue to be managed in a shortsighted, fractious way, or we can agree to journey together for the benefit of all. A regional water agency - representing both the North County and San Luis Obispo representatives is believed to be the effective tool for undertaking such management. To that end, the following proposals are being recommended for consideration for the North County Council. A. WATER MANAGEMENT - A NEW REGIONAL APPROACH *Consider the creation of a regional water management group. *Group would represent municipal agencies, districts, agricultural reps and other down stream users. *Group's primary focus is to look at all water resources on a regional basis. *All water resources including but not limited to, Nacimiento Water and Salinas Basin Water resources may be considered as combined, coordinated resources for San Luis Obispo and the North County. *A coordinated approach to maximizing the use of these water sources would enhance the available water to all, and result in reduced costs to all. �- s B. WATER RIGHTS - COOPERATE FOR BETTER SOLUTIONS *Salinas Dam water stored above the existing spillway elevation will be re-evaluated and an allocation strategy defined for the benefit of all. *The "Live Stream" agreement may be enhanced by considering additional waters from other sources, similar to Nacimiento. *Riparian rights will be protected. *Present water allocations and/or appropriations may be revised to reflect water sharing on a regional basis. C. SUGGESTED ACTION ELEMENTS Now is the time to combine the Salinas Dam Project, and the Nacimiento Project, along with Salinas River considerations. San Luis Obispo and the North County must be willing to work together on a compromise water allocation strategy regarding the Salinas Dam. North County and San Luis Obispo City must be willing to assume costs and liabilities for a shared water use approach. Combining the projects creates multiple opportunities for current and future water strategies and significantly multiplies our options. 1. Immediately obtain political concurrence of this strategy to join together for mutual regional water solutions, rather than fighting over precious water resources. 2 . After political concurrence, at a committee level, have the North County Council and SLO City begin meeting to jointly outline a strategy for joining the Salinas Dam Project and Nacimiento Project. 3 . Direct technical and elected representatives to meet and develop a listing of combined projects for consideration of the NCC and SLO. 4 . NCC and SLO jointly will prioritize the potential projects and set a course for immediate action on the alternatives while concurrently the formation of the regional agency will be pursued. CO —� ' MEEnN _AGENDA STATE CAPITOL DATE ITEl�1�,�,_ P.O.BOX 942849 SACRAMENTO,CA 94249-0001 AGRICULTURE AGRICULTURE (916)445-7795 GOVERNMENTAL ORGANIZATION GANIZATION FAXEDUCATIONHIGHER DISTRICT OFFICE (alifirnin J$gtsla}ure HUMAN SERVICES 1060 PALM STREET SAN LUIS OBISPO,CA 93401 TOM J. BORDONARO, JR. aT,Ts FA7�5�543400 ASSEMBLYMAN,THIRTY-THIRD DISTRICT +! 1 1 o ro �OUNCIL O CDD DIR SAO ❑ FIN DIR Allen Settle, Mayor CACAO ❑ FIRE CHIEF City of San Luis Obispo ATTORNEY ❑ PW DIR PO BOX 8100 VCLERIQORIG ❑ POLICE CHF San Luis Obispo, CA 93403-8100 ❑ MGMTTEAM ❑ C DIR C EAD FILE FS UT1L DIR 7 ❑ PERS DIR August 25, 1995 Cs, tf�tndersoh RECEIVED RE: Salinas Reservoir Expansion Project SEP t CITY COUNCIL Dear Allen: SAN I I" ^01co^ nA This letter is sent in response to comments made by Utilities Director John Moss, as reported in the July 7th edition of the Telegram-Tribune, and to your letter dated July 11th. Rest assured that I am very familiar with the proposed Salinas Reservoir Expansion Project. As a farmer and rancher in Creston, I consider water a critical resource. I view this project with great concern, as I would any such project involving water rights issues. Since the project first became public, I have followed it closely and, frankly, have viewed it with great skepticism. While I appreciate your taking the time to share your city's stands on the six issues outlined in your letter, I have found nothing in the information you provided which would change my opinion. And, while I also appreciate Mr. Moss's good intentions, I don't believe it is necessary to "do an education process" on me. In representing me at your . City Council meeting, Rock Zierman raised issues which have concerned me for some time, and continue to concern me today. Specifically: Issue 1: Dam Safety Obviously, if the project can not meet all safety requirements, it will not be built. This does not, however, eliminate my responsibility to raise safety concerns. Your briefing paper on safety indicates a low probability of movement on the Rinconada Fault or on the unnamed fault along the lower right dam abutment. There is, however, the potential for movement on both faults, no matter how low the probability or insignificant the seismic hazard. (Last winter our area was devastated by a 100-year storm, and then hit again by a 500-year storm. The probability of that happening was practically nil, but it happened in spite of the low risk.) Also, given the recent confusion on the part of local and state agencies over the safety of raising the level at Lopez Dam, 1 Printed on Recycled Paper ly.,5 t I� I 1 I have concerns about the safety standards themselves. We cannot simply sweep dam safety concerns under the carpet just because of a low probability or compliance with safety standards. Issues 2 and 5: Impacts on Downstream Water Users The Live Stream Agreement guarantees only a minimum flow. Historically, downstream water users have benefitted from flows greatly in excess of the minimum. The expansion will not affect the minimum flow levels guaranteed by the Live Stream Agreement, but will certainly affect the flows in excess of the minimum. Common sense tells us that if the reservoir capacity is increased by 17,949 acre feet, then 17,949 acre feet less water will flow into the Salinas River the first year. Every year thereafter when the reservoir level drops to the original 23,843 acre feet or below, and additional 17,949 acre feet less water will flow out as the reservoir refills. This may be "insignificant" to you, but is of major concern to downstream users. While I understand that the city is attempting to perfect its rights to that water, the historical rights of downstream users must be considered. While your water shed issues briefing paper states that downstream impact of the expansion will be insignificant, it also states that the lack of comprehensive studies of the entire watershed makes identification of recharge sources and quantities "difficult, if not impossible." Given the lack of comprehensive studies, the determination of insignificance appears to be based on an assumption that, based on the topography of the water basin, only a small percentage of the recharge comes from above the dam. From the city of San Luis Obispo's stand point, this is a safe assumption. However, from the downstream water users' stand points, it is just the opposite. Issue 3: Impacts on Recreational Facilities Since Santa Margarita Lake is a major recreational facility in the North County, I also feel an obligation to raise this issue. The city's plan to replace and possibly improve existing facilities, although expensive, is admirable. Unfortunately, among the victims of the proposed expansion are thousands of oak trees. These are a fundamental part of the viewshed of the lake, and therefore part of its recreational aspect. Given the slow growth rate of oak trees, they are essentially irreplaceable, regardless of how many replacements are planted. Issue 4: Impacts on Wetlands Wetlands, like oak trees, are essentially irreplaceable. No matter what mitigations are devised and implemented, raising the level of the lake will destroy the existing wetlands. I believe that is a very high price to pay, and when coupled with other problems, the total price of this project becomes too high. Issue 6: Alternative Sources In your letter you sight the Nacimiento Pipeline Project and the Water Reclamation Project as possible alternative sources. Another alternative would have been the State Water Project, but the voters of your city rejected it. Both of the projects you sighted would provide additional water to your city. Both are preferable to the expansion of the Salinas Reservoir. Neither alternative would raise the concerns that the Salinas Reservoir expansion raises. I strongly encourage you to proceed with either or both of the alternatives instead. In conclusion, let me state that I remain strongly opposed to expansion of the Salinas Reservoir as currently planned. It may not be safe, even if it meets current earthquake standards. It will inevitably reduce the downstream flow of water and harm downstream water users. It will destroy wetlands and thousands of oak trees, all of which are irreplaceable. Only in a case of overwhelming and urgent need would I be able to support a project with very real problems as serious as these. Were the situation reversed, with a city in the North County proposing to destroy wetlands and trees, reduce the flow of water in one of San Luis Obispo's creeks, and possibly compromise the safety of a nearby dam, I am sure that you and your fellow council members would fight it. This issue is obviously of great importance to the City of San Luis Obispo as well as to the residents of the North County. A compromise must be sought, and I am optimistic that one can be reached. I encourage you to continue the dialogue with North County representatives. I am pleased to offer any assistance that I or my staff can provide, including facilitating negotiations or meetings on this critical issue. Please feel free to contact me if I can help in any way. Sincerely, 0*"1-11 Tom J. Bordonaro, Jr. Assembly Member TJ B:ww c: City of Paso Robles City of Atascadero County of San Luis Obispo US Army Corps of Engineers N1` ING9. 9� AGENDA DG ._ITEM #.LE a' 918 g CITY 1919 8 OF A T A S C A D E R OFFICE of the CITY CLERK Mayor and Members of the City Council . City of San Luis Obispo 990 Palm Street San Luis Obispo, CA 93401 RECEIVE® SEP 1 4 IM CERTIFICATION CITY COUNCIL SAN L i uc nomon CA I, LEE PRICE, City Clerk of the City of Atascadero, hereby certify that the foregoing is a true and correct copy of Resolution No. 85-95 adopted by the Atascadero City Council at a regular meeting thereof held on September 12, 1995. DATED: September 13, 1995 LEE PRICE, CMC City Clerk City of Atascadero, California COUNCIL ❑ CDD DIR Qi CAO ❑ FIN DIR MACAO ❑ FIRE CHIEF PCLERKJORIG TTORNEY ❑ PW DIR ❑ POLICE CHF, ❑ MGMT TEAM ❑ REC DIR " ❑,f8R .D FILE TIL DIR ��' ❑ PERS DIR 6500 PALMA AVENUE • ATASCADERO, CA 93422 (805) 461-5074 RESOLUTION NO. 85-95 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO SUPPORTING THE POLICY STATEMENT OF THE EXECUTIVE COMMITTEE OF THE NORTH COUNTY COUNCIL IN SUPPORT OF THE FORMATION OF A REGIONAL WATER AGENCY TO REPRESENT NORTH SAN LUIS OBISPO COUNTY AND THE CITY OF SAN LUIS OBISPO ON WATER RESOURCE ISSUES WHEREAS, There are limited existing water resources in North San Luis Obispo County, thereby necessitating careful management and maximization for the benefit of all users; WHEREAS, The water users in the City of San Luis Obispo and North San Luis Obispo County can no longer afford to pursue water resources separately; and WHEREAS, Joint cooperation in the areas of water storage, transmission and usage would be of benefit for all water users in the City of San Luis Obispo and North San Luis Obispo County; NOW, THEREFORE, The City Council of the City of Atascadero hereby resolves to endorse and support the policy statement of the Executive Committee of the North County Council as reflected in Exhibit A, attached hereto. ON MOTION BY Councilmember Luna seconded by Councilmember Johnson the foregoing resolution is hereby adopted on the following roll-call vote: AYES: Councilmembers Bewley, Johnson, Liana and Mayor Highland NOES: None ABSENT: Councilmember Carden ADOPTED: 9/12/95 CITY OF ATASCADERO: T EST: GEORGE P. H LAND, Mayor LEE PRICE, City, Clerk APPROVED AS TO FORM: ARTHER R. MONTANDON, City Attorney "EXHIBIT A" CITY OF ATASCADERO RESOLUTION NO. 85=95 PAGE 1 OF Z t is o ut-Iastpartance tzat the Tizited water resdurces in North JdII ruLS ObLSPO COUIIt'T be Careruiiv manaaea rar the bene'it Or all C_t_zens to mac m ze tae aVai l �T a a``r ?i a `fie :ZaS Jas where ract' OnS Or Cae water users _L7 tho CLt:T O_ an u_S ODLSpO and No=h SLO County can a_=Ord to saaarateiv -u- Precious use Or Cur Precious water resources lt. Ls naw time for all ;,tater users to unLta Lar the Lutur_ welare of ail of the County. nez_=ii e h � � that on_1 ]o_II_ cooperative er=Ort5 _n the area. Of. ` azer stJrace, transamission and usage, "J_i be suCCessfui L in ma.Y_m .Z_ng Our resources �Or suture geIIeratLOP.s . 'Ne a _ now at a C=assroads . Waterr_SCurCes Can CCntinue t^. :.,e managed in 2 SC10i�SLCjnt2dr rraCt_ous wav, or we Can agree to ]ouraev together Lor tae benefit or all . ] ar a en reg_ana_ waL�_ g�.._Cy ieDrasenting bOLa the NOr=tL CouZtV and JaII LULS O�.LSDO aprasentatises _S bel_eved to be the er-aCL_Tia_ tool rCr undertaking such manacement. To that end, tae =ollowiIIc proposals are being -=_commended for consideration Lor the Nor-a Courter council . A . WI TER NUMAGEi NT - A NEW REGIONAL APPROACH *Consider the creatLon Or a recional water management group . *GrOi.iD would remr_s2n't municipal agencies, districts, ac=icultural rams and other down stream users . *Group 's Pr"nar_T :acus is to Look at all water =_sources on a recionai basis . *Ali water resources including but not limited to, Nacimienta Nater and Salinas Sasin Nater resources may be considered as combined, coordinated resources for San u_ North Coup-v.. s 05ispo and. the *A cccrdLnated approach to max a zinc t n use of these 4aatar sources would enhance the available water to d, T , ai.d result in reduced Costs to all . - 'F.-KH HT A" CITY OF ATASCADERO RESOLUTION NO. 85-95 PAGE 2 OF B . 7nATE.R R=.=aTS - COOPERATE =OP. 3Err1Tpa SOLUT=ONS vSa1T^as Dam Wazar szored above tae eC?st? Q spillwa`I alevatian wiii be =a-evaluated and an allocation st=dte.y r defined far the benefit of a11. *The ',ii Straam" agreemer_t ma:T be enhanced b4 cons i de_i4nq additional waters f.-cm other sources , s,ztla-- to Naci mento . "Riparian rights wi11 be protected. .rprasent Water allocations and/or anmrour'atTons umaV be rav_sed to reflect Seater spar?^g an� a reaianal bas is . SUGGESTED :?CTTCN ELEP�NTS Now Ls the =_,UW to Combine the Salinas Dam Project, and the Nac-iM—sa c Project, along with Salinas River Cons ideratiar_s . San Luis Obispo and the North County must be will nG to WCr, "acether on a cairmrOmise watar allocation strategy r=cardiag the Salinas Dam. north Count? and San Luis Obis_:.o Citi must be willing to assume costs and Liahili"ties Lor a shared Water use ammroach- Combin'ng the aro]ectS Creates multimle CpOor-cl1nities Lor CLL rent did _utLlr? 'mater s trazagles and s1gi11_=Cantl�T muitiolies Onr autions . -mlediatal°i Obtain politlCal c-acurrance Of th,s strataC.7 Ca jai_'1 together for. Mutual regional. water solutions , rather than _fighting over precious Water rescu=ces . 2 . ?rter poli"tical cencnrrence, at a committee Level, have "he NCr`il COunt:T Council and SLO Citv oeaia meeting to )olnzlv outline a strategy for joining the Salinas Dam Project and Nacimiento Pra- ect. 3 . Direct "echn'cal and elected remresentatives to meet and deveioa a Listing of combined projects for cons ider=_t-Jo n of the NCC and SLO . ? . NCC and SLO jcintly will prioritize the potential projects and set a course for immediate action on the alternatives While ConcLlrrently the =oralation, Of the regional agency will be pursued. HliPKU Faxbep *-'FANG���q� AGENDA Lfrd ITEM # September 19, 1995 To: San Luis Obispo City Council Fr: Steven W. Martin, Chairman, North County Council Re: Alternate Water Management Strategies Dt September 19, 1995 Ladies and Gentlemen: I apologize for not being present at this evening's meeting, but my own council meeting in Paso Robles precludes my attendance. Nevertheless, I wish to present my input regarding the issue of the transfer of ownership of the Salinas Dam and the consequent development of water resources in our area. Several issues surfaced to provide the impetus for the formation of the North County Council, but the matter of overriding concern was, and is, water. Since the NCC came into being the city of San Luis Obispo has expressed, through comments from the mayor, a desire to consider water supply and distribution as a regional issue. The NCC agrees and has drafted a water management strategy which positions all parties as equal partners. The question before the San Luis Obispo City Council this evening is whether or not to support long-range planning for the most equitable and cost-efficient utilization of water resources. The alternate water management policies proposed by the NCC provide the basis for this long-range planning. You are therefore at a significant crossroad. The San Luis Obispo City Council has it within its power to set the stage for a new era in cooperation with its neighbors to the North by accepting them as equal partners in the process of stewardship of a vital natural resource.Taking such an action would not only provide San Luis Obispo with unprecedented assistance in procuring adequate water supplies, but would also forge a working relationship by which other regional issues might more readily be resolved. The San Luis Obispo City council also has it within its power to ignore this opportunity, thereby increasing the historic division between itself and the communities of the North County and greatly inhibiting the potential for resolving this and future issues. The choice, as they say, is yours. I urge you to choose the path which provides the greatest service for all of the people of our communities. Please ratify the NCC document before you this evening and delay the process to complete the transfer of the Salinas Dam until these strategies can be implemented. Thank you for your consideration of this matter C9NNCIL ❑ CDD DIR ❑ FIN DIR 13PW EF DIR NEY ❑ PW DIR r i2ERKA 110 ❑ POUCE CHF ❑ MGMTTUM ❑ RIR ❑ C R FILE firU L DIR RECEIVED � - � ❑ PERSOIR SEP 1 1995 �. e�►1,o(pgy� CITY COUNCIL SAWIr 111� na'can r,A