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Home My WebLink About05/08/1978City Council Minutes May 8, 1978 Page 1 ..M I N U T. E S ADJOURNED MEETING OF -THE CITY.COUNCIL CITY OF.SAN LUIS OBISPO MONDAY, MAY.8, 1978 - 12:10 P.M. COUNCIL HEARING ROOM, CITY.HALL, 990 'PALM STREET Roll Call Councilmen PRESENT: Ron.Dunin, Jeff Jorgensen, Steve Petterson, Allen Settle and Mayor Kenneth E. Schwartz ABSENT: None City Staff PRESENT: J.H. Fitzpatrick,. City Clerk; R.D. Miller, Administrative Officer; Allen Grimes, City Attorney; Henry Engen, Community .Development Director; Robert Mote, Utilities Engineer; Dave Romero, Public.Services Director 1'.A' The City Council discussed the letter from Frederick Bold, Jr., Special Water.Attorney,..regarding management of..the Salinas River Project as follows: _ "On February 28, 1978, the State Water Resources Control Board wrote me regarding the 17 protested applications to appropriate water below Salinas Dam and asked-for the city's'.recommendations for "suitable terms and condi- tioas that would be included in.any permits that maybe. issued on these ' applications:. At your request, Bob Edmonstong, Burt Babcock and I met and discussed this matter. We agree that the city should respond along the lines of the enclosed draft letter. As you will note, we propose that the city not protest-any application that is for a surface diversion-of not.more than-50 acre feet per annum.. All pending applications meet this requirement. The city would not waive its right to protest future applications for quantities greater than 50 afa, appropriations from wells..and apprppriations of any quantity above Salinas Dam. These could have a direct and significant effect on the city's water rights and must.be ekamined:on a case -.by -case basis. We.also recommend (1) that each permit be conditioned to prohibit any appro- priation whenever-:the inflow to the Salinas.River must be released to meet the "live stream" criterion, and (2) that the.State Board make an investigation of all well diversions of the subsurface flow of the Salinas River and report and -abate any that are not in accordance.with law. We believe these:broposals will afford satisfactory protection of the city's rights to Salinas River water and also will substantially reduce city and state administrative costs in connection with future applications. Yours very. truly, s/ Frederick Bold,. Jr." DRAFT (LETTERHEAD OF THE MAYOR) "Mr. R.L-. Rosenberger, Chief Division of Water Rights State Water Resources Control Board 77.Cadillac Drive Sacramento; CA 95825 _Re: :Permit 5882 (Application 10216) Salinas River, San Luis Obispo County Your file 311:RED:10216 City Council. Minutes May 8, 1978 Page 2 Dear Mr. Rosenberger: By Mr. Pettit's letter of February 28, 1978, to our special water counsel, Frederick Bold, Jr., the City: of Sari Luis Obispo was asked to set forth the conditions undei which it.would withdraw its protests to the pending appli- cations to appropriate water from the Salinas River or its tributaries between the Salinas Dam and the confluence of the Nacimiento River. After receiving the recommendations of its consultants and giving this matter careful consideration, the City Council has.authorized me.to make this response to you. The City of San Luis Obispo will withdraw its protests to the pending applica- tions and will not protest future applications if each of the following condi- tions are met: 1. No permit will allow the.applicant to divert more than a total of 50 acre feet per annum-to storage or more than l cubic foot.per second direct diversion. 2. Permits will be for surface diversion only...'No permit will allow diversion by well. 3. Each permit will contain a condition that no water may be appropriated at any time when the City of San.Luis.Obispo is required-to release inflow to Salinas Reservoir to.maintain a live stream to the confluence of the Nacimiento River. The permittee shall be required to install-And main- tain outlets from-storage reservoirs to permit the release of water as necessary to meet.this condition.. 4.. During. 1978. the. S. ta. to .Water_Resources.Control.Board will conduct an invest- igation of all well diversions from the subsurface flow of the Salinas River between the Salinas Dam and the Nacimiento River, and will.report and abate any diversion not in accordance with law. Similar investigations may be necessary from time to time in the future. We are not now in a position to propose acceptable permit terms for (1) appro- priations by well, (2) appropriations in excess of 50 a.f.a., or (3) any appropriation upstream from.the Salinas Reservoir. Applications for such appropriations will be considered on a case -by -case basis." R.G. Mote, Utility Engineer., made the-following recommendation to the City Council on Frederick Bold, Jr.'s letter: "I have reviewed the letter.drafted by Fred Bold, addressed to Mr. Rosenberger, and prepared for the Mayor's signature. In my opinion this is an excellent approach toward..a_workable.solution to the problem of protecting the city's water rights in the Salinas River Basin. If the Water Resources Control Board will monitor and control unauthorized well diversions as Condition No. 4 in'the.letter specified, I feel this will probably have a greater beneficial effect on our "live stream" release requirements than could ever have been achieved.by monitoring and.controlling small dams. In addition, as Mr. Bold-says in his letter, this approach will adequately protect us and at the same time substantially reduce time and effort in respond- ing to the never - ending flow of applications for permits. It would be my recommendatinn that the Council be encouraged to approve Mr. Bold's recommendations and authorize the Mayor to transmit the communication to Mr. Rosenberger." On motion of Councilman Settle, seconded by Councilman Dunin, that the Mayor be authorized to send letter to State Division of Watef Rights.with the addi- tional request that state respond with information as to who will monitor wells and enforce violations. Motion carried, all ayes. City Council Minutes May 8, 1978 Page 3 B. Mayor Schwartz, city's representative to the Water Advisory Board of the County, critiqued a report submitted by a representative of the Santa Barbara Water Agency regarding that county's action to date and future plans for use of state water plan, coastal aqueduct water, which involved such matters as smaller allocation of state water, county -wide election November, 1978, etc. The Mayor suggested .that city staff procure a copy of the Santa Barbara County Report for Council's study. C. The City Council discussed the proposal of the County of San Luis Obispo to the Army Corps of Engineers re: Acquisition of the Salinas River Dam by the county and the effects that purchase would have on the city's water rights and supply. The Council also discussed the draft of the bill to be submitted to Congress to effect the transfer of the Salinas Dam Facility. The Council also reviewed the wording of the City Council's Resolution No. 3553 (1978 Series) which established the city's position.as to the city's desire to purchase the Salinas Dam and related facilities. After thorough discussion by Council and staff, the City Council directed the staff to update the resolution with stronger language as to the city's desire to purchase the Salinas Dam, the resolution to point out that the City of San Luis Obispo is the.sole appropriator of water by direct diversion, the need of the city to safeguard its water rights under state law, and further that the City of San Luis Obispo has been the only agency for many years paying for the maintenance and operation of the domestic water.portion of the facility and finally that the City of San Luis Obispo paid the entire cost of the Seismic Study for the facility, which made the sale of the facility possible. 2. There being no further business to come before.the Council, the meeting adjourned at 1:30 p.m. to 7:30 p.m., Tuesday; May 9,-1978. APPROVED: June 7, 1978. I .J . Fitzpatrick, City Clerk M I N U T E S ADJOURNED MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO TUESDAY, MAY 9, 1978 - 7:30 P.M. COUNCIL CHAMBERS, CITY HALL, 990 PALM STREET STUDY SESSION Roll Call Councilmen PRESENT: Ron Dunin, Jeff Jorgensen, Steve Petterson, Allen Settle and Mayor Kenneth E. Schwartz ABSENT: None City Staff PRESENT: J.H. Fitzpatrick, City Clerk; R.D. Miller, Administrative Officer; Henry Engen, Director of Community Development; Terry Sanville, Associate Planner.; Don Englert,.Police Captain Housing Authority PRESENT: Leland Balatti, Chairperson; Charles Lenk; Donald O'Connor; Elizabeth Rose; Mildred Roske; and Rich Chubon, Executive Director of the Housing Authority