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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