HomeMy WebLinkAbout02/20/1990, 7 - WHALE ROCK COMMISSION MEETING, TUESDAY, MARCH 13, 1990 AGENDA city Of Sa►n LUIS OBISPO FFebrM20� 19 0
00124 COUNCIL AGENOA REPORT
FROM: William T. HetlandT Ut ilities Director
SUBJECT: Whale Rock Commission Meeting, Tuesday, March 13, 1990 Agenda
CAO RECOMMENDATION
Review and provide input to the City's Whale Rock Commissioners regarding
the items to be considered during the March 13, 1990 Whale. Rock Commission
Meeting.
DISCUSSION
The key issue is listed below:
Item #2 - Coastal Streams Diversion and Storage Project: Survey Letter
The joint City Council/Whale Rock Commission Study Session January 9, 1990 resulted
with a recommendation to send a survey letter to each organization or agency wishing
to participate in the Coastal Streams Diversion and Storage Project. The survey
results could assist the Whale Rock Staff with recommendations regarding the
Institutional and Financial Report assembled by Leedshill-Herkenhoff, Inc. , the
Consultant for the Coastal Streams Diversion Project.
RECEIVE®
FEB 9 1990
CITY CLERK
SAN LUIS OBISPo,CA
r
A G ESN D 'A
WHALE ROCK COMMISSION MEETING
TUESDAY, MARCH 13, 1990
CITY HALL HEARING ROOM - 990 PALM STREET
SAN LUIS OBISPO, CALIFORNIA
12:00 NOON Commissioners lunch at Sebastian's Restaurant
Mission Plaza Chorro and Monterey Streets
1:30 P.M. Commissioners reconvene at City Hall, Hearing Room
#91 990 Palm Street, San Luis Obispo
ROLL CALL: Commissioner Ron Dunin, City of San Luis Obispo,
Commission vice Chair; John Dunn, City of San Luis
Obispo, Commission Secretary; Doug Gerard,
California Polytechnic State University,
Commission Chair; Carlos Madrid, California
Department of Water Resources; Carmen Salvato,
California Men's Colony; and Bill Statler, City of
San Luis Obispo
-------------------------------------------------------------
PUBLIC COMMENT PERIOD
(5 Minutes)
The Whale Rock Commission will receive public comment on items of
interest to the public within the Commission's jurisdiction.
' As a general rule, action will not be taken on issues not listed
on the agenda. Staff will generally be asked to follow up on
such items at the discretion of the Chair. Written material is
also encouraged.
1. Minutes - Approval of draft minutes of the November 27, 1989
meeting and review of minutes of the joint City
Council/Whale Rock Commission Meeting January 9, .1990.
2. Coastal Streams Diversion and Storage Project: Survey
Letter.
3. Well Facilities Transfer Agreement for the Cayucos Area
Water Organization.
4. Provide the Whale Rock Commission Chairman with a greater
degree of authority in acting on behalf of the Commission.
5. Blanchard Well Water Use.
agda390.wp
('eL.
DRAFT MINUTES
WHALE ROCK COMMISSION MEETING
Monday, November 27, 1989
Hearing Room, City Hall - 990 Palm Street
San Luis Obispo, California
COMMISSION MEMBERS PRESENT :
Doug Gerard, California Polytechnic State University
Commission Chair
Ron Dunin, City of San Luis Obispo, Commission Vice Chair
Carlos Madrid, California Dept. of Water Resources
Penny Rappa, representing Commr. John Dunn
Carmen Salvato, California Mens Colony
William Statler, City of San Luis Obispo
COMMISSION MEMBERS ABSENT:
John Dunn, City of San Luis Obispo, Commission Secretary
CITY STAFF PRESENT:
Barry Daffern, Water Supply Supervisor
William Hetland, Utilities Director
Allen Short, Water Division Manager
Lisa Woske, Recording Secretary
ROLL CALL
Chairpmen Doug Gerard called the meeting to order at 1:30 p.m. and invited
comments from the audience in accordance with the Brown Act (items not on
the agenda) .
Paul Enna, Paso Robles Beach Water Assoc. representative, asked that his
association obtain more water as downstream users to relieve the building
moratorium in Cayucos. The Commission discussed methods in which Cayucos
could be better provided for development and how to find other sources.
Mr. Enna stated that that the Morro Rock Mutual and Water District #8 were
also interested in. consolidating the districts into one body. He asked
that better source communication occur so property owners in the north
county could build.
ACTION ITEMS
1. Draft Minutes from June 13, 1989.
There were a couple typographical errors corrected.
Commr. Madrid moved to approve the minutes as corrected.
Commr. Dunin seconded the motion. Motion carried.
i
�(hele Rock Commission Meeting
ivember 27, 1989
"_o aft Minues
Page 2.
2. Establishing a Minimum Pool Level for Whale Rock Reservoir
Bill Hetland discussed the staff report on the minimum pool leve,
physical limitations, and water quality impacts. He stated there was
no policy as yet and discussed the Agreement with the Dept . of Fish
and Game. He discussed the cooperative use arrangement and using the
Salinas Reservoir as a primary source and the Whale Rock Reservoir as
a secondary source. He stated City Counil wanted a policy from the
Commission to establish a minimum pool levels. He further discussed
the staff-outlined Alternatives and the ability to treat water down to
the 2000 level. He stated that the storage percentage would remain
intact, but the actual storage capacity would change.
Staff recommended the Whale Rock Commission establish 2000 acre feet
as the minimum pool value for the Whale Rock Reservoir.
Commr. Salvato moved to accept the staff recommendation.
Commr. Dunin seconded the motion. The motion passed unanimously.
3. Well Facilities Operation and Agreement Update for the Cayucos Area
Nater Organization.
Allen Short presented the staff report and the process of examining
the pumping procedure and the pump use. He discussed the fifth and
final draft of a document to transfer ownership to the CAWO. He
stated the City would be obligated to drill another well or treat the
existing water. He discussed the iron and manganese levels of the
wells and subsequent treatment.
Barry Daffern discussed the lack of inflow and the obligation
parameters and responsibilities of the City.
Staff recommended the Commission receive and file the report, with
applicable staff direction.
Chairman Gerard stated he wanted the document to outline a 600 acre
foot maximum.
Commr. Salvato felt the document language should be revised in terms
of indicating past-tense for aspects already accomplished.
Commr. Madrid felt the CAWO should be listed specifically, as opposed
to as "users" and that the use charges per Agency should be included
in the Agreement.
Whale Rock Commission Meeting
November 27, 1989
Draft Minutes
Page 3.
The Commission agreed unanimously to receive and file the report .
4. Leasing Pond Area from the Mainini Family.
Barry Daffern discussed the staff report, as well as the pond
maintenance and rent increase. He stated the land value was appraised
at $8000.00, based on a report by Dennis Green and Assoc. He
suggested the Commission consider buying the land, as the request for
rent was now $6000.00 annually. He discussed the lack of expansion
area possibilities. He was concerned about contamination reaching the
aquifers, as farming uses had changed. He discussed the pipeline
users and the percentages of acre-feet received.
Staff recommended negotiation of property purchase and in failing
that, initiate eminent domain proceedings.
Penny Rappe stated that the Council wanted another value appraisal and
another review before eminent domain was actively considered.
Paul Enna stated that he felt the CAWO would be interested in
discussing joining in the property purchase to ensure they have 50
acre feet usage. He further stated that he was- not officially
offering funds from the CAWO at this time.
Chairman Gerard stated he wanted more information on this issue,
including another appraisal and exploration of acquiring the entire
parcel for a long-term solution. He was also concerned about meeting
obligations to the CAWO . He wanted clarification of whether the City
had an easement on the parcel portion or whether it was in fact
purchased.
Commr. Dunin agreed with Chairman Gerard and asked for another
appraisal as justification for specific acreage purchase.
Chairman Gerard moved to direct staff to investigate the possibility
of purchasing the entire portion outlined in red, white and blue on
the Map dated November 14, 1989,, to include two separate appraisals
and an indication of purchase agreement from the Mainini family.
Commr. Madrid seconded the motion. The Commission voted unanimously
in favor of the motion.
Commr. Dunin suggested that one representative, e.g. Mr. Enna, be
selected for the three organizations to act as a liaison for
processing and participating in any subsequent Agreement,.
Whale Rock Commission Meeting
�`ovember 27, 1989
raft Minutes
Page 4.
5. Whale Rock Instrumentation Readings.
Barry Daffern presented the staff report and recommended staff
continue current reading schedules and that the data collected by the
Whale Rock personnel be reviewed by a certified, qualified consulting
firm. He discussed the past use of Converse Consultants and that the
cost incurred was approximately $5000.00 every two to three years .
The Commission unanimously agreed to accept staff recommendation.
6. , Operation and Maintenance of the Chorro Pump Station.
Allen Short presented the staff report and recommended that in order
to resolve any misunderstanding regarding the ownership and
operational responsibility of the pump station, staff should develop
an agreement to formally transfer the ownership and operational
responsibility of the Chorro 'Pump Station to CMG. He noted that the
Council had suggested an informational study session on this item
to review and obtain information to become as familiar with the
process as possible. Staff suggested that the Commission participate
in the study session.
Commr. Selvato discussed CMC concerns and agreements.
The Commission agreed unanimously to hold a joint study session
without formal action to be taken and to then immediately hold a
Commission meeting to take action, based on this study session, in
late January or early February.
There being no further business to come before the Commission, the meeting
adjourned at 2:50 p.m.
Respectfully submitted,
Lisa Woske
Recording Secretary
MINUTES
JOINT MEETING OF THE SAN LUIS OBISPO CITY COUNCIL
AND THE WHALE ROCK COMMISSION
TUESDAY, JANUARY 9, 1990 - 12:10 P.M. - 3:00 P.M.
CITY/COUNTY LIBRARY, COMMUNITY ROOM
995 PALM STREET, SAN LUIS OBISPO, CALIFORNIA
ROLL CALL
Councilmembers
Present: Vice-Mayor Jerry Reiss, Councilmembers Peg Pinard,
Penny Rappa, Bill Roalman
Absent: Mayor Ron Dunin
Whale Rock Commission Members
Present: John Dunn, City. of San Luis Obispo, Commissioner
Doug Gerard, California Polytechnic. State University, Chair
Carlos Madrid, California Department of Water, Commissioner
Carmen Salvato, California Men's Colony, Commissioner
Bill Statler, City of San Luis Obispo, Commissioner
Absent: Mayor Ron Dunin
City Staff
Present: Kenneth Hampian, Assistant City Administrative Officer;
Jeffrey Jorgensen, City Attorney; Pam Voges, City Clerk;
Bill Hetland, Utilities Director; Allen Short, Water
Division .Manager; Barry Daffern, Whale Rock Supervisor
Mavor Pro-Tem Jerry Reiss presiding.
-------
There was no public comment.
STUDY SESSION
1. COASTAL STREAMS DIVERSION AND STORAGE PROJECT (File No. 902)
Bill Hetland, Utilities Director, introduced Bill Bardin and Polly Boissevain,
with Leadshill-Herkenhoff, Inc., stating they would provide an analysis of the
institutional and financial issues from their study. He was recommending that
the Council and Whale Rock Commission review and provide direction to staff as
necessary.
Bill Bardin then explained the Coastal Streams Diversion and Storage Project
concepts and alternatives, showing a series of slides and giving the status as
to where they were at this time. Leedshill-Herkenhoff, Inc. has completed the
feasibility study for the project. Morro Bay had filed the water rights and
were preparing to file a new .loan application. They still needed to complete
the Environmental Impact report.
7- r
City Council Minutes Page 2
Tuesday, January 9, 1990 - 12:10 p.m.
C�
Polly Boissevain reviewed the water sharing, cost allocation and institutional
contractual arrangements by the various entities.
Commissioner -Dunn stated he would like to go a step further by having a third
party objectively review and give comments back to the Commission and Council.
Commissioner Gerard suggested looking at possibly a third reservoir.
Mr. Bardin said they could look at some sort of conjunctive use:
Commissioner Madrid suggested that they also look at groundwater recharge.
Councilwoman Rama suggested that a "banking" concept was extremely important.
Bill Hetland explained that they still needed to wait for the fisheries
analysis, which could be another year unless we got more rain water. He
questioned the Commission and the Council as to what they would want staff to
do in regard to negotiating with the other agencies.
Councilwoman Pinard felt that they still needed to look at the alternative of
desalinization, and didn't feel that Council could count on a rain-based
system.
Bruce Risley, a former Morro Bay councilmember, stated he was in favor of the
staff's recommendation in the report. He urged that the Commission and other
entities work together to jointly solve each others problems, and, urged a
quick decision be made, not more studies.
After discussion and upon general consensus by the Whale Rock Commission and
City Council, conceptual approval was given to the staff's recommendations and
request to each of the various agencies to report back with suggestions to the
Whale Rock Commission.
2:30 p.m., Mavor Pro-Tem Reiss declared a recess; 2:45 p.m., Mayor- Pro-Tem
Reiss called the meeting to order, and adjourned the City Council to Closed
Session to discuss litigation regarding the Court Street Lease.
4:05 p.m., there being no further business to come before. the City Council,
Mayor Pro-Tem Reiss adjourned the meeting.
APPROVED BY COUNCIL:
PV:nlo Pam Voges, City Clerk
---------------------------------------------
- MWnac CWM;
i • March 13 1990
WHALE ROCK COMMISSION REPORT MEM"UMBM:
FROM: Allen Short, Water Division Manager
SUBJECT:
Coastal Streams Diversion and Storage Project: Survey Letter
BACKGROUND:
on January 9, 1990 the Whale Rock Commission and San Luis Obispo
City Council met jointly in a study session to review and discuss
the Coastal Streams Project Diversion and Storage Institutional and
Financial arrangements. The firm of Leedshill-Herkenhoff had
assembled a report identifying a number of institutional
arrangements and their impacts within each of the scenarios
identified.
Leedshill-Herkenhoff did not recommend a particular arrangement or
course of action at this time. The consultant felt the first step
was -to provide the participating agencies with concepts and
scenarios and let them develop a course of action which is in their
best interest.
During the Study Session a recommendation was made to send a survey
letter to each organization or agency which may wish to participate
in the Coastal Streams Diversion and Storage Project. The purpose
of the letter was twofold; 1) to determine agency interest and 2)
request that all interested agencies review each of the topics _
identified in the Institutional and Financial Report and provide
the Whale Rock Staff with recommendations. To assist in this
process the questions each prospective participating agency should
be asking and answering are:
1. Are you interested in participating in the Coastal Streams
Project Diversion and Storage Project?
2. What would you be .willing to pay?
3. What is the minimum amount of water your agency would be
willing to accept?
4. What would make this project acceptable to your agency?
5. What would make this project unacceptable to your agency?
Staff has assembled the letter and if directed, is prepared to mail
the document to all prospective agencies. However, there has been
a concern raised by a Whale Rock Commission Member and it was
requested that the item be brought before the Commission for
discussion. A copy of the letter is attached for your information
and review.
RECOMMENDATION
Receive, file and provide staff with direction as necessary.
Attachment: Draft Survey Letter -
DRAFT SURVEY LETTER
C� CURRENT DATE
INDIVIDUAL
AGENCY NAME
AREA AND LOCATION
DEAR INDIVIDUAL
On January 9, 1990 the Whale Rock Commission and San Luis Obispo
City Council met jointly in a study session to review and discuss
the Coastal Streams Project Diversion and Storage Institutional and
Financial arrangements. The firm of Leedshill-Herkenhoff had
assembled a report identifying a number of institutional
arrangements and their impacts within each of the scenarios
identified.
Leedshill-Herkenhoff. did. not recommend a particular arrangement or
course of action at this time. The consultant felt that the first
step was to provide the participating agencies with the concepts
and scenarios and let them develop a course of action which is in
their best interest.
To determine a course of action, I am requesting that all
interested agencies review each of the topics identified in the
Institutional and Financial Report and provide the Whale Rock staff
with recommendations. To assist in this process the questions
each prospective participating agency should be asking and
answering are:
1. Are you interested in participating in the Coastal Streams
Project Diversion and Storage Project?
2. What would you be willing to pay?
3. What are you willing to give up and at what price?
4. What is the minimum amount of water your agency would be
willing to accept?
5. What would make this project acceptable to your agency?
6. What would make this project unacceptable to your agency?
Please send all responses and recommendations back to the Whale
Rock Commission Staff to assemble and formulate_ Once this has
been completed, the staff will schedule a Whale Rock Commission
meeting to discuss this topic.
Thank you for your cooperation in this matter. If .I or the Whale
Rock staff can be of further assistance, please do no hesitate to
contact Allen Short at 549-7215 or the undersigned at 756-2581.
Sincerely,
Doug Gerard
Whale Rock Commission Chairman
7-!D
MEETING DATE:
March 13 1990
WHALE ROCK COMMISSION REPORT ITEM NUMBER:
FROM: Allen Short, Water Division Manager
SUBJECT: Well Facilities Transfer Agreement for the Cayucos Area
Water Organization
BACKGROUND:
.During the last five (5) years the Cayucos Area Water Organization
(CAWO) has experienced air entrapment problems within their water
systems. This is due to higher pumping demands which lower the
water aquifer to a level which allows air to be drawn into the pump
along with the water. Under our agreement with the CAWO, the Whale
Rock Commission is obligated to furnish up to a maximum of 100 acre
feet of water per month, not to exceed 600 acre feet per year.
Historically; we have been unable to meet this obligation.
Two studies were conducted to address these issues; one in 1987 by
Lawrence Fisk and McFarland, Inc. (LFM) and the other by
Timothy S. Cleath, Engineering Geologist. Based upon the results,
a number of alternatives were identified. They were;
1. Development of a new well.
2. Expansion of the percolation ponds.
3. Acquisition and use of the Mainini Well.
The Whale Rock Commission authorized staff to pursue the design and
development of an additional well at its June 15, 1988 meeting.
On January 21, 1989 staff advertised for bids. Bids were opened
on February 9, 1989 with Serene Construction the low bidder. Well
construction was completed and operational July 3, 1989.
Operationally, the.well is performing as designed with an average
flow rate of 185 gallons per minute. The air entrapment problem
which had occurred before the construction of the well has not
returned. ' This new Well does not provide any additional water to
CAWO but provides for better management of the groundwater basin
by spreading out the well field.
The- Whale Rock Commission Staff, along with the Staff of the CAWO
Administrative Committee, have developed an agreement that is ready
for execution. This agreement will provide a mechanism for
transferring the ownership and operational responsibility to the
lead agency. In addition, the cost distribution between each
participating agency is also identified.
The process has been positive, productive, and lengthy. Staff
presented Draft Five to the Commission at the November 27, 1989
meeting. At that time the Commission requested minor changes in
language. Staff has incorporated those changes where appropriate
and have the concurrence of Paso Robles Beach Water Association
(PRBWA) , Morro Rock Mutual Water Company (MRMWC) and. San Luis
Obispo County Waterworks District No. 8 (WW # 8) .
WHALE ROCK CuMMISSION REPOkr
Well Facilities Transfer Agreement
March 13, 1990
Page 2'
Two of the agencies, PRBWA and MRMWC, have signed the agreement.
If approved and adopted by the Whale Rock Commission, the agreement
will be forwarded to Waterworks District No. 8 (County Board of
Supervisors) for their adoption.
RECOMMENDATION
Approve and execute the agreement as presented.
Attachment: Agreement
I
WRA#1
\ 1
Paso Robles Beach Water Association
P.O. Box 315
Cayucos, CA 93430
805 995-3290 ��?
January 24, 1990
Mr. Allen Short
Whale Rock Commission
City of San .Luis Obispo
955 Morro Street
San Luis Obispo, CA 93401
Re: Agreement for a New Well to Supply Water Indirectly
From Whale Rock Reservoir to Certain Downstream Users
Dear Mr. Short :
Enclosed is the execution copy of the subject agreement between
the Whale Rock Commission, the Paso Robles Beach Water Associ-
ation, Morro Rock Mutual Company and County Waterworks District
No. 8.
Both Morro Rock Mutual and Paso Robles Beach have executed this
copy and are sending it on to you as Clint Milne requested.
Sincerely,
0,4.
Ethel Girard, Secretary
Paso Robles Beach Water Assoc..
Morro Rock Mutual Water Co.
Encl : 2
743
�} AGREEMENT FOR A NEW WELL TO SUPPLY WATER INDIRECTLY
FROM WHALE ROCK RESERVOIR TO CERTAIN DOWNSTREAM USERS
This agreement is made and entered into this day of ,
19899 by and between the Whale Rock Commission (herein sometimes
referred to as "COMMISSION" ) , 'and the Paso Robles Beach Water
Association (PRBWA) , the Morro Rock. Mutual. Water Company (MRMWC) ,
and the San Luis Obispo County Waterworks District No. 8 (WW #8)
( herein collectively referred to as "USERS" )
WITNESSETH:
WHEREAS, by agreement dated March 20, 1958, ( "1958
Agreement" ) , COMMISSION, - the owner of the Whale Rock Dam and
Reservoir, agreed that. the. .USERS, plus the Cayucos-Morro Bay
Cemetery District, could pump ground water or take direct delivery
of treated Whale Rock Reservoir water or a combination thereof , of
up to a maximum of 600 acre-feet of water annually and up to a
maximum of 100 acre-feet per month to USERS who are located
downstream of said dam and reservoir; and
WHEREAS, PRBWA, MRMWC, and WW #8, have each experienced
groundwater extraction problems; and
WHEREAS, the COMMISSION has decided that the existing system
is not capable of delivering up to 100 acre-feet per month and
COMMISSION has concluded that it is more economical to construct
another well to supplement and increase the efficiency of the
existing system 'rather than construct a water treatment plant and
provide direct delivery of Whale Rock Reservoir water; and
WHEREAS, the County of San Luis Obispo has permitted the
siting of the new well in County road right of way and the
COMMISSION has developed a new well for said purposes at no cost
to USERS; and
WHEREAS, USERS are willing to accept said new well from
COMMISSION when said well is completed and proved.
. NOW THEREFORE, in consideration of the mutual promises herein
it is hereby agreed by and between the parties hereto as follows:
1. COMMISSION agrees to furnish and develop a new well complete
with pumps, motors, valving, meters, etc. , to fully meet the
needs of USERS, and to deed said well and facilities thereto,
free and clear of all encumbrances_ , to USERS on satisfactory
completion thereof.
2. COMMISSION agreed to be responsible for and paid the, total
costs to furnish said well and the total costs of developing
and placing said well in operation in a manner that water from
said well wi.11 meet drinking water standards
as established by the California Department of Health
Services.
3. USERS agree that 30 days following the signing of this
agreement, and provided that the well and appurtenant
equipment and facilities are in an acceptable operating
condition as determined by USERS, USERS will accept and the
COMMISSION will transfer ownership of the well and all
appurtenances thereto.
4. At the time of the ownership transfer described in Paragraph
3, COMMISSION shall transfer warranties for all equipment then
in warranty and USERS shall be responsible for all operation
and maintenance of the facility .
5. USERS agree to share ownership of said new well and well site,
and to share the water purveyors permit for water pumped from
said new well , in the same proportions as their respective
water entitlements under that allocation Agreement executed
September 10, 1986, as follows:
OWNERSHIP
USER ENTITLEMENT OF NEW WELL
PRBWA 229 AF 39.6194
MRMWC 175 AF 30.2768
WW #8 174 AF 30.1038
TOTALS 578 AF 100.0000
6. PRBWA agrees, and MRMWC and WW #8 agree to allow PRBWA, to
operate and maintain said well until such time as a majority
of the ownership of the new well shall designate some
different person or entity to operate and maintain said new
well for the benefit of PRBWA, MRMWC and WW#8, in a
responsible and efficient manner in accordance with standard
well operation practices, so as not to reduce the efficiency
and yield of said well .
7. USERS agree to share all operation, maintenance and
replacement costs for said new well as follows:
a. Fixed .Costs =- Those costs which occur regardless of
use, such as administration, accounting, auditing,
record keeping, insurance and liability, monitoring,
and required periodic inspection and service which are
functions of time, rather than use., will be shared in
the same proportions as ownership as shown in
paragraph 5, above.
b. Variable Costs -- Those costs which are directly
related to use, such as labor, testing , power,
chemicals, maintenance and replacement costs shall be
2
n
prorated on the basis of use, that is, in the same
proportions as the amount of water taken from said new
well by each. USER.
8. Based on an assumed useful life of thirty years, or as
otherwise agreed upon by USERS, USERS agree to provide, by
adjustments to their service charges, or from other revenues
or resources, a reserve fund to cover replacement costs for
said new well , pump, motor, and other appurtenances required
for the proper operation thereof., and further agree to
contribute to said fund on the basis of use as provided under
7. b. , above.
9.. The parties hereto agree that title to, and ownership of ,
said new well and well site, with all appurtenances thereto,
shall vest absolutely in USERS, in accordance with the
percentage of ownership proportions established under
paragraph 59 above.
10. PRBWA shall develop an accounting and record keeping system
satisfactory to MRMWC and WW #8, and shall maintain such
system in a manner to show accurate and complete costs,
pumping and delivery records to date, by month, and annually ,
and shall furnish such records to MRMWC and/or to WW #8
within five working days of request therefor, and/or within
ten working days following the end of each month.
11 . MRMWC and WW #8 shall , within 15 calendar days following
receipt of said monthly cost records, send payment therefor
to PRBWA.
12. PRBWA shall deposit all such funds in an account established
for this purpose and shall pay all operating, maintenance and
replacement costs of said new well therefrom.
13. After the water from said new well has passed the point of
delivery into another party ' s water system, neither the party
delivering such water nor its officers, agents or employees
shall be liable for the control , carriage, handling, use,
disposal , distribution or changes occurring in the quality
of such water supplied to the other party , or for claim of
damages of any nature whatsoever, . including but not limited
to property damage, personal injury or death, arising out of
or connected with the control , carriage, handling, use,
disposal , distribution or changes in the quality of such
water beyond said point of delivery.
14. Once accepted by USERS, for operation and maintenance
purposes, COMMISSION is no longer liable or responsible for
the operation and maintenance of the well or well site.
Similarly , once the ownership of the well and appurtenances
3 /
C
are accepted by USERS, COMMISSION is no longer liable or
responsible for the well , appurtenances, or well site.
15. This agreement shall • become effective immediately upon
execution by all of the parties hereto and .shall remain in
effect at all times thereafter.
16. Any notices to be given shall be addressed as follows:
Whale_ Rock Commission
City of San Luis Obispo
955 Morro Street
San Luis Obispo, CA .93401
Waterworks District No. 8
County Engineer
Room 207, County Government Center
San Luis Obispo, CA 93408
Morro Rock Mutual Water Company
P. 0. Box 757
Cayucos, CA 93430
Paso Robles Beach Water Association
P. 0. Box 315
Cayucos, CA 93430
Provided , that any party may change such address by notice
in writing to the other parties hereto and thereafter notices
shal.1 be addressed and transmitted to the new address(es) .
All required notices are to be in writing, and delivered in
person or sent by registered or certified mail , postage
prepaid.
17.. No party hereto shall have the right to assign or transfer
this agreement, or any part thereof , without. prior written
consent of the remaining parties.
18. All provisions of this agreement . shall be binding on the
parties and their executors, administrators, assigns and
successors in interest..
19. Any party ' s waiver of breach of any one term, covenant, or
other provision of this agreement, is not a waiver of breach
of any other term, nor subsequent breach of the term of
provision waived.
20. This agreement does not amend or supersede any of the rights
or obligations of the parties to the 1958 agreement.
i
4
IN WITNESS WHEREOF, the parties hereto have executed this
agreement on the day and year first entered above.
SAN LUIS OBISPO COUNTY WATERWORKS
DISTRICT NO. B
By
Chairman Board of Supervisors
ATTEST:
Clerk of the Board of Supervisors
[SEAL]
APPROVED AS TO FORM AND LEGAL EFFECT:
JAMES B. LINDHOLM, JR.
County Counsel
By :
Deputy County Counsel
Dated:
PASO BE C T R OCIATION
By
President, Board of D ectors
ATTEST`:, ,,
By G �f -.Lf
Secretary
MORRO�POCK�MUjT.UUAL WATER COMPANY
By- dtLO�
President., Board of Directors
ATTEST:
�Q-� J
By
Secretary
WHALE ROCK COMMISSION
By
ATTEST
By
Secretary
whlrck .agr
5
7•/S
MEETING DATE:
March 13 19
WHALE ROCK COMMISSION REPORT_ ITEM NUMBER:
FROM: Allen Short, Water Division Manager
,I
i
SUBJECT:
Provide the Whale Rock Commission Chairman with a greater
degree of authority in acting on behalf of the Commission.
BACKGROUND:
Historically, the Whale Rock Commission meets twice a year.
Occasionally an emergency meeting is scheduled when an item
requires the immediate attention of the Commission. The twice a
year meeting approach has proven to be prudent and beneficial to
all of the agencies concerned. However, over the past year there
have been occasions that required the Commission to take action on
components of projects which had been previously approved or
authorized by the Commission.
This is best illustrated by the Coastal Streams Storage and
Diversion Project. Recently, the Consultant requested additional
funds and a modified scope of work to complete the EIR study. The
request was delivered to staff in December just prior to the rainy
season. It required immediate attention and approval so as not to
delay the project even further since the work required needed to
be performed during the rainy season.
Historically, similar items have come before the Commission for
consideration and direction. However, because of time constraints
and the Commission Members' busy schedules, it is very difficult
and impractical to schedule an emergency meeting on short notice.
AREAS OF INCREASED RESPONSIBILITY
To facilitate Commission business, staff is proposing to increase
the Chairman's range of responsibility and authority in the
following areas:
z
1. Minor Contract approval (level yet to be recommended) .
2. Contracting for professional services (level yet to be
recommended) .
3. Purchase authorization (level yet to be recommended) .
4. Execution of minor agreements and contracts.
ALTERNATIVES
To alleviate this problem, three options have been identified and
are listed below in the order of staff's preference.
1. Provide the Whale Rock Commission Chairman with a greater
degree of authority in acting on behalf of the Commission
within defined guidelines and policies.
7�9
WHALE ROCK CuMMISSION REPOkf
Whale Rock commission Chairman Authority •
March 13, 1990
Page 2
2 . Schedule Whale Rock Commission meetings on a more frequent
basis (for example monthly or quarterly) .
3. Continue with the present method of operation (meeting
twice a year) .
IMPLICATIONS
Alternative 1 - This alternative would require staff to develop and
prepare operational guidelines and policies for Commission review
and approval. The result would be;
o An increase in efficiency; and
o the ability to respond quickly to project modifications
or expenditure requests; and
o the requirement for increasing the number and frequency of
Whale Rock Meetings would be reduced.
There are policies and guidelines in place with the City of San
Luis Obispo. The purchasing control guidelines have been used by
the Commission staff on various occasions. These documents could
be used as a framework in which to develop the guidelines which
-- would be used by the Whale Rock Commission.
Alternative 2 - An increase in meeting frequency requires a greater
allocation of time and resources for both. the Commission Members
and staff. In most cases the items that arise from one meeting to
the next could be handled administratively.
Alternative 3 - The time between meetings is approximately six
months. During the interimperiod there have been occasions when
emergency or unforeseen actions required Commission attention.
It is difficult to schedule emergency meetings in a timely manner.
RECOMMENDATION
Staff recommends_ that the Commission, by motion, direct staff to
develop the required operational guidelines and policies to provide
the Whale Rock Commission Chairman with greater authority in acting
on behalf of the Commission.
WHALE ROCK COMMISSION REPORT
FROM: Allen Short Prepared By:. Barry Daffern
Water Division Manager Water Supply Supervisor
SUBJECT: Blanchard Well Water Use
BACKGROUND:
Several months ago the question was raised by Commissioner
Salvato about the legality of the use of the old LaMonk Well by
Mr. Bob Blanchard. This well is located on State property next
to Old Creek adjacent to Cotton Tail Creek Road. Old Creek is
one of the tributaries that feeds Whale Rock Reservoir. The
LaMonk Well has been used by Mr. Blanchard since 1977. During
the review of historical records and archives, a court
condemnation document was uncovered. This document has been
reviewed by the San Luis Obispo City Attorney's Office. The
document provides Mary LaMonk, her heirs, devisees and assigns
with the right to use the well. Listed below are some of the
conditions and rights that the appropriate party has:
1. They may pump from the well to the extent that ground water
may be available up to but not more than fifteen acre feet
of water per calendar year for the reasonable and beneficial
use of the property described.
1. They may clean, maintain and restore the well to the
historical capacity. Cost to be incurred by the heirs,
devisees and assigns.
3. They may use a reasonable area surrounding the well for any
pumping facilities and equipment connected to the well for
the maintenance of the pumping facilities and equipment.
4. They may not interfere with the construction, operation and
maintenance of Whale Rock Dam and may not extend the depth
of the well nor increase the size of the well, nor drill or
dig additional wells.
5. Easements are allowed for purposes of installations,
relocation and maintaining pipe lines, cattle grazing etc. . .
This is a summary of the high points which are contained in the
document. Currently, Blanchard has been exceeding the 15 acre
feet allotment and is in violation of the court document. This
document is available for review at 955 Morro Street for
interested Commission members.
Just recently Mr. Blanchard has sold the property he was
irrigating using the LaMonk Well to Mr. Bruce Gibson of Cambria.
WHALE ROCK COMMISSION REP00
Blanchard Well Water Use.
March 13, 1990
Page 2
RECOMMENDATION:
Direct staff to continue to keep accurate records of water use
from LaMonk Well. Notify Mr. Gibson that his allotment is 15
acre feet per .calendar year. Notify Mr. Gibson when 14 .5 acre
feet has been used and that once 15 acre feet is reached, he will
not be able to use any more water.
blanchard.wp
7�.2 d