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HomeMy WebLinkAbout08/04/16 KRGSA AGENDA1. CALL TO ORDER 2. ROLL CALL KERN RIVER GSA Thursday, August 4, 2016 10:00 a.m. City Hall North 1600 Truxtun Avenue, Bakersfield CA 93301 First Floor, Conference Room A AGENDA 3. PUBLIC STATEMENTS Chair Members: Rodney Pallo, Chair Harold Hanson Gene Lundquist 4. APPROVAL OF MINUTES OF THE JULY 7, 2016 REGULAR MEETING AND JULY 12, 2016, AND JULY 26, 2016 SPECIAL MEETINGS 5. NEW BUSINESS A. Correspondence Received (City Clerk) B. Approval of $50,000 cash call recommendation C. Approval of consultant proposals i. Horizon Water and Environment II. Todd Groundwater D. Update on KRGSA website and Interested parties form (S. Teglia) E. Update from Management Group (Beard /Chianello /Mulkay) I. Groundwater Modeling with the Kern Groundwater Authority II. ITRC Study Reimbursement Agreement 6. CLOSED SESSION: Conference with Legal Counsel: Potential Litigation; Closed Session pursuant to Government Code section 54956.9(d)(2),(e)(1). One matter, 7. CLOSED SESSION ACTION 8. COMMITTEE COMMENTS 9. ADJOURNMENT KERN RIVER GSA MINUTES MEETING OF JULY 7, 2016 Conference Room A, City Hall North, 1600 Truxfun Avenue ACTION TAKEN 1. CALL TO ORDER REGULAR MEETING - 10:05 a.m. 2.. ROLL CALL Present: Chairman Pallo, Chair Members Hanson and Lundquist Absent: None 3. PUBLIC STATEMENTS IBGTWI 4. APPROVAL OF JUNE 2, 2016 MINUTES Motion by Chair Member Hanson, seconded by APPROVED Chair Member Lundquist, for approval of the minutes. 5. NEW BUSINESS A. Correspondence Received From Post Office Clerk Typist Katharine Dye announced that the KRGSA had not received any mail. B. Update from Management Group 1. Cost Sharing Proposals General Manager of Kern Delta Water District Mark Mulkay made staff comments. Bakersfield, California, July 7, 2016 - Page 2 5. NEW BUSINESS continued ii. Update on ITRC Study and KGA Activities General Manager of Kern Delta Water District Mark Mulkay gave an update and recommended that the KRGSA participate in the ITRC study, with costs covered equally with the three members, and authorize the appropriate person to sign the document. ACTION TAKEN Motion by Chair Member Lundquist, APPROVED seconded by Chair Member Hanson, for approval to padicipate in the ffRC Study. iii. Update on Consultant Proposals City of Bakersfield Water Resources Manager Art Chianello gave an update. C. Cash call recommendation: $50,000 City of Bakersfield Finance Director Nelson Smith recommended that each member provide $50,000 for an initial cash call. City Attorney Ginny Gennaro recommended that each KRGSA board member present this to their individual boards and stated that action will be taken on this matter at the next regular KRGSA meeting on August 4, 2016. D. Update on KRGSA website and interested parties form. Assistant City Manager Steve Teglia made staff comments and stated that the draft website will be presented at the next regular meeting. Bakersfield, California, July 7, 2016 - Page 3 5. NEW BUSINESS continued ACTION TAKEN E. Update on GSA Status Assistant City Manager Steve Teglia gave an update. Discussions were held regarding the creation of a letter to send to the County of Kern. 6. COMMITTEE COMMENTS None. 7. CLOSED SESSION: Conference with Legal Counsel: Potential Litigation; Closed Session pursuant to Government Code section 54956.9(d)(2), (e)(1). One matter. Motion by Chairman Pallo to adjourn to Closed Session at 11:17 p.m. Meeting reconvened at 11:51 p.m. 8. CLOSED SESSION ACTION: Conference with Legal NO REPORTABLE ACTION Counsel: Potential Litigation; Closed Session pursuant to Government Code section 54956.9(d)(2), (e)(1). One matter. 9. ADJOURNMENT Chairman Palla adjourned the meeting at 11:55 a.m. CHAIR of the Kern River Groundwater Sustainability Agency KERN RIVER GSA MINUTES SPECIAL MEETING OF JULY 12, 2016 Board Room, Kern County Water Agency, 3200 Rio Mirada Drive ACTION TAKEN 1. CALL TO ORDER SPECIAL MEETING - 1:36 p.m. 2.. ROLL CALL Present: Chairman Palla, Chair Members Hanson and Lundquist Absent: None 3. PUBLIC STATEMENTS None. Chairman Palla announced that, at the request of staff, Closed Session Item 7 was being moved forward on the agenda to be heard at this time. 6. CLOSED SESSION: Conference with Legal Counsel: Potential Litigation; Closed Session pursuant to Government Code section 54956.9(d)(2),(e)(1). One matter. Motion by Chairman Palla to adjourn to Closed Session APPROVED at 1:36 p.m. Meeting reconvened at 2:00 p.m. CLOSED SESSION ACTION: Conference with Legal Counsel: Potential Litigation; Closed Session pursuant to Government Code section 54956.9(d)(2),(e)(1). One matter. City Attorney Ginny Gennoro announced that the matter has been continued and that Closed Session will resume at the end of the agenda. Bakersfield, California, July 12, 2016 - Page 2 4. NEW BUSINESS ACTION TAKEN A. Presentation of Consultant Proposals Horizon Water and Environment Principal Kenneth Schwarz made comments and provided a PowerPoint presentation. ii. Todd Groundwater Vice President Phyllis Stanin made comments and provided a PowerPoint presentation. B. Update on KRGSA Status City Attorney Ginny Gennaro made staff comments. Chairman Palla spoke regarding his past meetings with the County of Kern and referenced a letter addressed to Mick Gleason with the County of Kern, dated July 12, 2016 Deputy County Administrative Officer for Water Resources Alan Christensen made comments. Board of Supervisor Mick Gleason stated that the County of Kern will give the KRGSA full consideration and will respond in a timely fashion. 5. COMMITTEE COMMENTS Chair Member Hanson stated that the process to form the KRGSA has worked extremely fast and that staff deserves a great amount of recognition. Chairman Palla stated that he appreciates the County of Kern representatives who showed up to the meeting and hope that all of their concerns were covered. Bakersfield, California, July 12, 2016 - Page 3 6. CLOSED SESSION: Conference with Legal Counsel: ACTION TAKEN Potential Litigation; Closed Session pursuant to Government Code section 54956.9(d)(2),(e)(1). One matter. City Attorney announced that there is no need to resume Closed Session at this time and that it will carry over to the next regular meeting on August 4, 2016. 8. ADJOURNMENT Chairman Palla adjourned the meeting at 3:19 p.m. CHAIR of the Kern River Groundwater Sustainobility Agency KERN RIVER GSA MINUTES SPECIAL MEETING OF JULY 26, 2016 Conference Room A, City Hall North, 1600 Truxiun Avenue 1. CALL TO ORDER REGULAR MEETING - 08:31 a.m. ACTION TAKEN 2.. ROLL CALL Present: Chairman Palle, Chair Members Hanson and Lundquist Absent: None 3. PUBLIC STATEMENTS None. 4. CLOSED SESSION: Conference with Legal Counsel: Potential Litigation; Closes Session pursuant to Government Code section 54956.9(d)(2), (e)(1). One matter. Motion by Chair Member Lundquist, seconded by APPROVED Chair Member Hanson, to adjourn to Closed Session at 8:32 a.m. Meeting reconvened at 10:14 a.m. 5. CLOSED SESSION ACTION: Conference with Legal STAFF WAS GIVEN DIRECTION Counsel: Potential Litigation; Closes Session pursuant to Government Code section 54956.9(d)(2), (e)(1). One matter. 3. ADJOURNMENT Chairman Palla adjourned the meeting at 10:15 a.m. CHAIR of the Kern River Groundwater Sustainability Agency r iA 2 1965 C CST I &qkp RSF Office of the President Via Email: achianel @bakersfieldcity.us Mr. Art Chianello Water Resources Manager Water Resources Department City of Bakersfield 1000 Buena Vista Road Bakersfield, CA 93311 Dear Mr. Chianello: Mail Stop: 33 0131: 9001 Sm kdale Highway BAcsfic d. California 93311 -1022 (661) 654 -2241 (661) 654 -3199 FAX w ..4waedu July 14, 2016 Pursuant to your letter dated April 12, 2016 to the California Department of Resources indicating the City's decision to form a Groundwater Sustainability Agency, I am requesting that California State University, Bakersfield be placed on a list to receive notices, meeting announcements, availability of draft plans, maps, and other relevant documents. If you have any questions regarding this request, please feel free to contact me. Sincerely, Evelyn Young Spath, Ed-D. Executive Assistant to the President cc (via email): Mark Mulkay, General Manager, Kent Delta Water District David Beard, Manager, Kent County Water Agency Improvement District No. 4 Thom Davis, Vim President for Business and Administrative Services, CSU Bakersfield Pat Jacobs, Assistant Vice President for Facilities Management, CSU Bakersfield i Kern Groundwater Authority P. 0. Box 20820 Bakersfield, CA 93390 -0820 August 4, 2016 RE: Todd Groundwater Model Development Proposal Dear Member: Please be advised that the Kern River Groundwater Sustainability Agency (KRGSA) plans to engage Todd Groundwater to provide expert, consultant services in connection with the development of a Groundwater Sustainability Plan (GSP) for the area encompassed by the KRGSA. We believe that Todd Groundwater is uniquely situated to provide these services in a timely manner and at a reasonable cost due to their background with respect to groundwater modelling in general and, more particularly, due to their intimate knowledge of and familiarity with groundwater modelling within the Kern County Sub - Basin (Basin). Recognizing that the Department of Water Resources requires a single groundwater model (or something similar) for the entire Basin, we suggest that all actual or potential GSA's coordinate this effort. Todd has previously provided a technical overview and recommendation to the KRGSA with respect to development of a Basin groundwater model (Model). We believe that a joint approach in this Model effort will be more cost effective and less contentious. As such, the KRGSA invites the Kern Groundwater Authority to review and participate with the KRGSA in the selection of a technical consultant for Model development. Please disseminate this request among your member agencies and advise if you have any questions or concerns. Thank you for your cooperation. Very truly yours, Kern River Groundwater Sustainability Agency Rodney Palls, Chairman jb.'; .,t) Kern Groundwater Authority P. O. Box 20820 Bakersfield, CA 93390 -0820 August 4, 2016 RE: Todd Groundwater Model Development Proposal Dear Eric Averett: RECEIVE AND PLACE ON FILE AT WiSAMEETNNi OF R/411� New. ex s,AWS derv. 5CIi Please be advised that the Kern River Groundwater Sustainability Agency (KRGSA) plans to engage Todd Groundwater to provide expert, consultant services in connection with the development of a Groundwater Sustainability Plan (GSP) for the area encompassed by the KRGSA. We believe that Todd Groundwater is uniquely situated to provide these services in a timely manner and at a reasonable cost due to their background with respect to groundwater modelling in general and, more particularly, due to their intimate knowledge of and familiarity with groundwater modelling within the Kern County Sub - Basin (Basin). Recognizing that the Department of Water Resources requires a single groundwater model (or something similar) for the entire Basin, we suggest that all actual or potential GSA's coordinate this effort. Todd has previously provided a technical overview and recommendation to the KRGSA with respect to development of a Basin groundwater model (Model). We believe that a joint approach in this Model effort will be more cost effective and less contentious. As such, the KRGSA invites the Kern Groundwater Authority to review and participate with the KRGSA in the selection of a technical consultant for Model development. Please disseminate this request among your member agencies and advise if you have any questions or concerns. Thank you for your cooperation. Very truly yours, Kern River Groundwater gaStZlJiabil'rty Agency By: Rodney Palla, Chairman ► ,I Honorable Mick Gleason, Chairman Kern County Board of Supervisors 1115 Truxtun Avenue, 5th floor Bakersfield, CA 93301 August 4, 2016 Re: Kern River Groundwater Sustainability Agency (KRGSA) County Participation Agreement Dear Chairman Gleason and Supervisors: RECEIVE AND PUCE ON FILE AT 9WIMEETINO OF(a&W 00506 3,610. T4dn b We appreciate your prompt response to the points raised in our letter of July 12, 2016. Your response dated July 20, 2016 which was transmitted via the Kern County Counsel's office reflects substantial agreement on most issues. Accordingly, we look forward to a swift resolution of the present overlap preventing acceptance of the KRGSA as an area of exclusive jurisdiction under the Sustainable Groundwater Management Act (SGMA). Based on our respective letters, It is clear that the County wants to have "meaningful participation" in the development, review and adoption of this entity's Groundwater Sustainability Plan (GSP). It would appear that such meaningful participation could take one of two forms, namely: (1) the County could become a full- fledged voting member of the KRGSA subject to all attendant duties, responsibilities and financial obligations; or (2) the County could join the KRGSA as an "additional agency' designating that portion of the lands under its jurisdiction which it wishes to include within the GSA's boundaries ( "white lands "). Implementation would Involve the following: 1. Voting Membership In KRGSA: a. On March 30, 2016 the Kern Delta Water District (Kern Delta), Improvement District No. 4 of the Kern County Water Agency (ID4), and the City of Bakersfield (City) entered into Agreement No. 16-048 entitled "Memorandum of Understanding Forming the Kern River Groundwater Sustainability Agency' (MOU) (copy attached). These three entities currently constitute the "Parties" (he., voting members) of the KRGSA. As provided in Paragraph 9, the MOU may be amended by unanimous consent of these Parties. If this option is chosen, the Parties would amend the MOU to add the County as voting member. Honorable Mick Gleason, Chairman Kern County Board of Supervisors August 4, 2016 Page 2 of 4 b. The decision - making process for the KRGSA is covered in Paragraph 5 of the MOU which would remain unchanged. Paragraph 5 provides: 5.1 With the exceptions noted herein, it is the intent of the Parties that all actions undertaken by the KRGSA are done by unanimous consent of the Parties; however, H unanimous consent is not possible, a majority vote of the Parties is required. 5.2 In the event of an impasse or disagreement, the Parties shall use their best efforts to find a mutually agreeable result. To this effect, the Parties shall consult and negotiate with each other in good faith in an attempt to reach a solution that is mutually satisfactory. If the Parties do not reach a solution, then the matter shall be submitted to non- binding arbitration or mediation within a reasonable period of time. C. At a meeting held June 2, 2016 the KRGSA adopted Bylaws for the governance of the entity (copy attached). County participation in the KRGSA would be subject to the terms and provisions of the existing MOU and adopted Bylaws. Among other things, the Bylaws provide for cost- sharing among members on an equal basis unless otherwise agreed (see Article V, Section 2). As of August 4, 2016, a cash call of $50,000 per party has been authorized. d. Consistent with Paragraphs 6.4 and 6.5 of the MOU, the County will be responsible for implementing the GSP In those white lands added to the KRGSA boundaries. e. All other issues addressed in our respective letters will be addressed and resolved through the normal decision- making process outlined in the MOU. 2. Non - Voting "Additional Agency" Status in Kern River GSA: a. Like East Niles Community Services District and North of the River Municipal Water District, the County is recognized to be an entity eligible to form Its own GSA over lands where it has exclusive jurisdiction. As such, the County could join the KRGSA as an "additional agency" pursuant to Paragraph 3 of the MOU. If it chooses this course the County should (1) identify the lands to be included within the KRGSA and, if approved by the Parties, (ii) adopt a resolution including such lands within the KRGSA, and (iii) sign Exhibit C -1 to the MOU. Under these circumstances, the County would be considered a non - voting, "additional agency". b. Concurrent with such action the following assurances would be provided by amendment to the MOU or by separate agreement with the County. (1) Indemnification: If the County is asked by the KRGSA to use the County's police powers for a specific purpose for the KRGSA, then the KRGSA would indemnify the County. Indemnification would be on a case by case basis. Honorable Mick Gleason, Chairman Kern County Board of Supervisors August 4, 2016 Page 3 of 4 (2) Land Use Powers: The KRGSA and its participants agree, and the GSP will provide, that nothing in the GSP or any actions taken by the KRGSA, shall modify, limit, or preempt the County's police powers, including its land use authority. On the other hand, the County does not intend to designate or zone a specific project with an expectation that the KRGSA will provide more water allotment than that which is determined by the GSP allotment and policies. (3) White Lands: The KRGSA will manage white lands included within its boundaries if requested to do so by the County. (4) Well Permits: Well permitting is under the County's jurisdiction and should remain so. The KRGSA has no intention of transforming the well - permitting process from a ministerial function (which does not trigger CEQA) to a discretionary function (which triggers CEQA) without prior consultation with the County. (5) Water Transfers: Water transfers within the basin are essential to economic stability and future development opportunities. The KRGSA will consider this position when assessing its water transfer policy in the GSP. Further, the KRGSA does not intend to restrict use of water within its boundaries to a specific use. (6) Unincorporated Communities: The needs and water resources of unincorporated communities will be considered and addressed in the GSP. (7) JPA v. MOU: It is understood that the development and implementation of the GSP does not require the joint exercise of powers among the Parties and, therefore, formation of a JPA is unnecessary. The Parties will form a JPA if and to the extent legally mandated. (8) Kern River GSA Voting: The KRGSA will ensure that all additional agencies (including the County) will have a continuous opportunity to participate in the preparation, review, and adoption of the GSP. The term "participate" in this context means access to all non - privileged drafts, reports, technical information, and other materials and communications, and an ability to be actively engaged in all open meetings related to the preparation, review, and adoption of the GSP. "Actively engaged" means as a signatory to the MOU (i.e., an "additional agents) and more than as a member of the general public. (9) Oil & Gas: The KRGSA will cooperate with the County, the oil and gas industry, and the State Department of Water Resources to preserve and protect available water supplies. Additionally, the GSP may incorporate current adopted mitigation measures found in the Oil and Gas Environmental Impact Report approved by the Board of Supervisors as a means to address best management practices and related GSA oil and gas concerns. Honorable Mick Gleason, Chairman Kern County Board of Supervisors August 4, 2016 Page 4 of 4 We trust that this response will provide the basis for agreement among the County and KRGSA participants. If so, please identify the option which best suits the County's interests and we will prepare the necessary documentation. Thank you for your cooperation. Very truly yours, KERN RIVER GROUNWAT NABILITY AGENCY By: Rodney Palla, Chairman Harold Hanson, BO d Mem er By: in - Gene Lundquist, Board Membe cc: Kern Delta Water District Kern County Water Agency Improvement District No.4 City of Bakersfield Members of the Kern County Board of Supervisors John Nilon, County Administrator Alan Christensen, Chief Deputy Administrative Officer Theresa A. Goldner, County Counsel