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HomeMy WebLinkAbout09.15.2010 WB PACKETr City of Bakersfield Water Board Regular Meeting of September 15, 2010 Rr �� ���a T r Kern River at Democrat Dam ,yft Water Resources File Packet WATER BOARD David Couch, Chair Harold Hanson, Vice Chair Zack Scrivner CITY OF BAKERSFIELD WATER BOARD REGULAR MEETING Wednesday, September 15, 2010 - 2:00 p.m. Water Resources Building Conference Room 1000 Buena Vista Road, Bakersfield, CA 93311 AGENDA CALL TO ORDER 2. ROLL CALL 3. MINUTES A. Minutes of the May 12, 2010, regular meeting for approval - For Board Review and Action 4. PUBLIC STATEMENTS 5. KERN RIVER LEVEE DISTRICT A. Local Levee Assistance Program Status - For Board Information b. REPORTS A. Kern River & Isabella Reservoir Operations Report - For Board Information 7. DEFERRED BUSINESS 8. NEW BUSINESS A. Construction Cost Index Adjustment to Water Availability Fee per BMC 14.04.120(B) - For Board review, and recommendation to City Council for approval of resolution L 0 le B A K E R S F I E L D WATER BOARD David Couch, Chair Harold Hanson, Vice Chair Zack Scrivner CITY OF BAKERSFIELD WATER BOARD REGULAR MEETING Wednesday, September 15, 2010 - 2:00 p.m. Water Resources Building Conference Room 1000 Buena Vista Road, Bakersfield, CA 93311 AGENDA CALL TO ORDER 2. ROLL CALL 3. MINUTES A. Minutes of the May 12, 2010, regular meeting for approval - For Board Review and Action 4. PUBLIC STATEMENTS 5. KERN RIVER LEVEE DISTRICT A. Local Levee Assistance Program Status - For Board Information b. REPORTS A. Kern River & Isabella Reservoir Operations Report - For Board Information 7. DEFERRED BUSINESS 8. NEW BUSINESS A. Construction Cost Index Adjustment to Water Availability Fee per BMC 14.04.120(B) - For Board review, and recommendation to City Council for approval of resolution Water Board Agenda September 15, 2010 Page 2 9. MISCELLANEOUS 10, WATER BOARD STATEMENTS 11. CLOSED SESSION A. 1. Conference with Legal Counsel - Real Property Negotiations Closed session pursuant to Government Code section 54956.8 (One matter) 2. Conference with Legal Counsel - Potential Litigation Closed session pursuant to Government Code section 54956.9(b)(1)(3)(B); (One matter) ® Rosedale -Rio Bravo Water Storage District v. KCWA, et al Kern County Superior Court Case No, 5- 1500 -CV- 270454 3. Conference with Legal Counseo - Potential Litigation Closed session pursuant to Government Code section. 54956.9(b)(1)(3)(A); (One matter) 4. Conference with Legal Counsel - Existing Litigation Closed session pursuant to Government Code section 54956,9 (One case) • State Water Resources Control Board Reference KMG:A31674 • Kern Delta Water District v. North Kern Water Storage District, City of Bakersfield Kern County Superior Court Case No. S- 1500 -CV- 266459 -KCT 12, CLOSED SESSION ACTION 13. ADJOURNMENT ART CHIANELLO, P.E. Water Resources Manager POSTED: Septemberl0, 2010 Water Board Meeting 3. MINUTES September 15, 2010 A. Minutes of the May 12, 2010, regular meeting for approval - For Board Review and Action MINUTES OF THE REGULAR MEETING OF THE WATER BOARD - CITY OF BAKERSFIELD Wednesday, May 12, 2010 - 2.00 P.M. Water Resources Building Conference Room 1000 Buena Vista Road, Bakersfield, CA 93311 MINUTES CALL TO ORDER Chairman Couch called the meeting to order at 2:00 p.m, 2. ROLL CALL Present: Chairman Couch, Vice -Chair Hanson, Member Scrivner (seated at 2:06 p.m.) Absent: None 3. MINUTES A. Minutes of the March 17, 2010 regular meeting. Motion by Hanson to approve the minutes of March 17, 2010. APPROVED ALL AYES, Scrivner absent. 4. PUBLIC STATEMENTS None. 5. KERN RIVER LEVEE DISTRICT A. Local Levee Assistance Program Status. Art Chianello, Water Resources Manager, gave a brief update and stated the Federal Emergency Management Administration (FEMA) is updating the flood insurance maps nationwide and FEMA is requesting cities recertify the levees, Two engineering studies will be conducted. Currently, the first study is the process of updating the hydraulic model for the Kern River and the impact that the 100 year flood will have on the existing levees, The second study is the certification of the Kern River Levees, the pre -board study is complete and a soil analysis will be received in approximately four weeks for certification of the levees. A draft report for certification of the levees will be complete in 4 weeks and will be presented to the Water Board thereafter, No action taken. Bakersfield, California, May 12, 2010 - Page 2 6, REPORTS A. Kern River & Isabella Reservoir Operations Report. John Ryan, Hydrographic Supervisor, discussed graphs and stated the Isabella storage is at 229,156 AF. Eighty -three percent of snowpack still remains in the basins and the May runoff is 117 percent. The Lake Isabella storage peak is 333,000 AF and may be reached in June, it is still below the 360,000 limit, Information only, no action taken. Member Scrivner seated at 2;06 p,m. B. Kern River Diversion Structure ai Mohawk Bridge Art Chianello, Water Resources Manager, stated construction of Mohawk bridge has proceeded. The bridge is being built in three sections. There was a need to run a minimal amount of water through the south one -third of the river to avoid delay of the construction. On April 30th a dirt berm was built diverting the river to the southern one -third section, On May 3rd water ran through the southern one -third of the river keeping the north two- thirds dry so construction could continue. The project is on schedule, 7. DEFERRED BUSINESS None, A. Quitclaim of Access Easement at 5901 Truxtun Avenue. (Ward 2) Item 8.A. was removed from the agenda, No action taken, B. Renew Domestic Water Operations Agreement No, 92 -250 with California Water Service Company for Three (3) Years for Operations and Maintenance Services to City's Domestic Water System, Maurice Randall, Business Manager, stated the agreement currently extends for three successful three -year periods from the prior time it was reviewed. This is information only, no action is necessary. The City system has exceed 40,000 connections and California Water Service Company operates and maintains the water system, The City continues to offer the lowest rates in the area. Staff recommends the contract continue for an additional three years, No action required. Bakersfield, California, May 12, 2010 - Page 3 8. NEW BUSINESS continued C. Amendment No. 2 to Agreement No. WR07 -004 with Jones & Stokes for Year 4 Environmental Mitigation Monitoring Services for the Lower Kern River Mitigation Project. Motion by Scrivner to approve Amendment No. 2 to Agreement No. WR07 -004 with Jones & Stokes and recommend to City Council for approval. APPROVED, ALL AYES. 9. MISCELLANEOUS A. Information regarding US Army Corps of Engineers Isabella Lake Dam Public Meetings Art Chianello, Water Resources Manager, stated public scoping meetings will be held on May 12 and 13. He will be attending the meeting and will provide an update to the Water Board, No action taken. 10. WATER BOARD STATEMENTS None. 11, CLOSED SESSION Chairman Couch recessed the meeting to Closed Session at 2:16 p.m. A. Conference with Legal Counsel — Existing Litigation Closed session pursuant to subdivision (a) of Government Code section 54956.9 (Two cases). • State Water Resources Control Board Reference No. KMG:A31674 • KERN DELTA WATER DISTRICT, a California Water District v. NORTH KERN WATER STORAGE DISTRICT, a California Water Storage District, CITY OF BAKERSFIELD, a municipal corporation, and DOES 1 through XX, inclusive; Kern County Superior Court Case No. S- 1500 -CV- 266459 -KCT Chairman Couch adjourned the meeting from Closed Session at 3:06 p.m, City Attorney Gennaro announced there was no reportable action from Closed Session. Bakersfield, California, May 12, 2010 - Page 4 13, NDJOUR€ IVIENT Chairman Couch adjourned the meeting at 3;07 p.m, David Couch, Chairman City of Bakersfield Water Board Bobbie Zaragoza, Secretary City of Bakersfield Water Board Water Board Meeting 5. KERN RIVER LEVEE DISTRICT September 15, 2010 A. Local Levee Assistance Program Status - For Board Information Water Board Meeting REPORTS September 15, 2010 A. Kern River & Isabella Reservoir Operations Report - For Board Information • 1 B A h E R S F 1 E L D KERN RIVER 1894 thru 2010 APML -JULY RUNOFF (Q in 1,000 AcFt ) NUMBER % OF OF YEARS YEAR Q NORMAL 1 1894 295.4 64 2 1895 694.7 150% 3 1896 372.9 80% 4 1897 654.3 141 5 1898 135.3 29% 6 1899 213.7 46% 7 1900 196.9 42 8 1901 582.0 125% 9 1902 389.6 84% 10 1903 399.0 86% 11 1904 316.6 68% 12 1905 366.4 79% 13 1906 1,391.6 300% 14 1907 678.7 146 15 1908 260.9 56% 16 1909 1,219.0 262% 17 1910 352.1 76% 18 1911 701.2 151 19 1912 251.8 54% 20 1913 211.7 46% 21 1914 685.0 147% 22 1915 455.2 98% 23 1916 1,571.6 338% 24 1917 560.3 121% 25 1918 334.8 72% 26 1919 343.0 74% 27 1920 430.8 93 28 1921 321.3 69% 29 1922 617.7 133% 30 1923 332.5 72% 31 1924 92.6 20% 32 1925 313.1 67 33 1926 232.8 50% 34 1927 521.7 112 35 1928 193.7 42% 36 1929 219.5 47% 37 1930 232.6 50% 38 1931 98.1 21% 39 1932 526.4 113 40 1933 299.6 64 41 1934 116.1 25% 42 1935 350.6 75% 43 1936 581.6 125 44 1937 852.0 183% 45 1938 961.8 207% 46 1939 268.3 58% 47 1940 510.6 110% 48 1941 995.7 214 % 49 1942 522.9 113 50 1943 697.2 150% 51 1944 405.4 87% 52 1945 597.4 129% 53 1946 390.7 84% 54 1947 249.6 54 55 1948 240.0 52 56 1949 209.9 45% 57 1950 299.9 65% 58 1951 261.9 56 59 1952 1,119.8 241 60 1953 329.6 71 NUMBER % OF OF YEARS YEAR Q NORMAL 61 1954 354.1 76% 62 1955 224.8 48 63 1956 525.6 113% 64 1957 292.3 63% 65 1958 831.7 179% 66 1959 130.6 28 67 1960 168.5 36% 68 1961 87.4 19% 69 1962 515.5 111 70 1963 476.6 103% 71 1964 182.9 39% 72 1965 456.7 98% 73 1966 219.9 47 74 1967 924.0 199% 75 1968 248.3 53% 76 1969 1,747.9 376% 77 1970 319.4 69% 78 1971 244.5 53% 79 1972 127.7 27% 80 1973 723.8 156% 81 1974 535.2 115 82 1975 386.2 83% 83 1976 108.8 23% 84 1977 95.6 21 85 1978 1,094.4 236% 86 1979 419.9 90% 87 1980 991.0 213% 88 1981 252.7 54% 89 1982 796.8 172% 90 1983 1,545.8 333 91 1984 423.1 91% 92 1985 424.3 91 93 1986 886.7 191% 94 1987 211.4 46 95 1988 162.0 35% 96 1989 234.4 50% 97 1990 113.3 24 98 1991 276.5 60% 99 1992 179.2 39% 100 1993 584.7 126 101 1994 191.0 41 102 1995 929.2 200% 103 1996 5993 129% 104 1997 571.5 123 105 1998 1,137.4 245% 106 1999 252.6 54% 107 2000 306.5 66 108 2001 250.3 54% 109 2002 215.3 46% 110 2003 325.1 70% 111 2004 222.0 48 112 2005 788.5 170% 113 2006 795.7 171 114 2007 123.4 27% 115 2008 320.0 69% 116 2009 295.2 64 117 2010 580.4 124% w Q O Cl) m O w Cl) w m Q J J w Q Cl) as a � w O GC L a D � w c Q r J N C7 w w °o m N 3 O J LL J Q D Q Z M w Z m w Y 00 00 00 LO LO I (sisay}uaaed us UOIJBA913) UOV u! 3JdaOIS C) o- O O o I OLL OLL O O- O.- O T O � i i i O� O C, O q O N 0 co O 0O ' O O O of O O a O n O � `,n ° OO') LO N 0 a N U') M O M N L N 0�o N N �� T N T n N l V O I I i I i 0 N 4 N I N 0 Z I 3 0 d ca d � i i i I I 0 L ca a Z i i O O O ® O ® ® O O ® ® ® O O ® O O ® O O ® O O O O O ® ® ® ® ® O O O O O O O L O tq O Ldi O Ln O Ln O M M M I- N (D CO 0 0 d' 'd M M N N r T ®N003S Had 1334 oieno O Q C/) O 6) Q O O T 0 a W 2 0 T CL 0 a� LL 0 r c co 3 M 0 U N r) M 0 0 2 M 0 U O Water Board Meeting 8. NEW BUSINESS A. Construction Cost Index 14.04.120(B) - For Board approval of resolution September 15, 2010 Adjustment to Water Availability Fee per BMC review, and recommendation to City Council for RESOLUTION NO. A RESOLUTION OF THE COUNCIL OF THE CITY OF BAKERSFIELD SETTING DOMESTIC WATER AVAILABILITY FEE. WHEREAS, the City is slated with the responsibility of ensuring that all proposed development in the City's Domestic Water Service area will have a viable high quality water supply and pressures or such development cannot proceed; and WHEREAS, in order to ensure water supplies will be available for current and new users, the City must take all necessary steps to procure and capture water resources, including, but not limited to, acquiring real property for the drilling of water wells, installation of transmission water mains and water treatment facilities; and WHEREAS, the cost of procuring and maintaining the water supply is an expense which is funded from the various fees established for the use of such water supplies; and WHEREAS, the Availability Fee charged to ensure water will be accessible for new development (cost of funding new water well construction, purchase of land for recharge facilities, etc.) is currently $5,450.00 per acre and has not been adjusted since January 1, 2010; and WHEREAS, pursuant to Government Code Section 66016, the City noticed a hearing for October 13, 2010 regarding the setting of the availability fee; and WHEREAS, while, pursuant to the calculations set forth in Exhibit "A ", attached hereto and incorporated herein by reference, the new availability fee needs to be set at $5,664.00 per acre effective January 1, 2011 to offset these increased costs, pursuant to Bakersfield Municipal Code Section 14.04.120(B) in accordance with the Construction Cost Index as defined in the Bakersfield Municipal Code Section 15.84.030(D). Page 1 of 3 NOVI, THEREFORE, BE IT RESOLVED by the Council of the City of Bakersfield as follows: 1. The above recitals are true and correct and incorporated herein by reference; 2. The City Council hereby adopts a new water availability fee of $5,664.00 per acre based upon the calculations contained in Exhibit "A "; 3. Such fee represents the reasonable cost of ensuring an adequate water supply for future development in the City. -------- - - - - -- 000-------- - - - - -- Page 2of3 HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on by the following vote: AYES: COUNCIL MEMBER COUCH, CARSON, BENHAM, HANSON, SULLIVAN, SCRIVNER, WEIR NOES: COUNCILMEMBER ABSTAIN: COUNCILMEMBER ABSENT: COUNCIL EMBER APPROVED HARVEY L. HALL Mayor APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney VIRGINIA GENNARO City Attorney ROBERTA GAFFORD, CMC CITY CLERK AND EX OFFICIO Clerk of the Council of the City of Bakersfield Page 3of3 ENR Construction Cost Index January February March April May June July August September October November December Divided by 12 Computation of change in CCI: AVAILABILITY FEE 2009 2008 9810.94 9183.42 9796.69 9183.42 9799.19 .9199.69 9797.44 9204.69 9789.94 9223.94 9777.19 9265.94 9764.44 9335.69 9766.19 9342.44 9765.44 9394.19 9760.69 9894.94 9760.94 9876.19 9763.69 9823.19 117,352.78 112,927.74 9,779.40 9,410.65 2009 9,779.40 2008 9,410.65 Change ($) 368. /5 Change ( %) 3.92% Current Availability Fee - Jan 1, 2010 $5,450 Change ( %) Construction Cost Index 3.92% New Availability Fee - Jan 1, 2011 $5,664 Water Board Meeting 11. CLOSED SESSION September 15, 2010 A. 1, Conference with Legal Counsel - Real Property Negotiations Closed session pursuant to Government Code section 54956,8 (One matter) 2. Conference with Legal Counsel - Potential Litigation Closed session pursuant to Government Code section 54956.9(b)(1)(3)(B); (One matter) Rosedale -Rio Bravo Water Storage District v. KCWA, et al Kern County Superior Court Case No, S- 1500 -CV- 270454 3. Conference with Legal Counsel - Potential Litigation Closed session pursuant to Government Code section 54956.9(b)(1)(3)(A); (One matter) 4. Conference with Legal Counsel - Existing Litigation Closed session pursuant to Government Code section 54956,9 (One case) State Water Resources Control Board Reference KMG:A31674 Kern Delta Water District v. North Kern Water Storage District, City of Bakersfield Kern County Superior Court Case No. S- 1500 -CV- 266459 -KCT BA g ADMINISTRATIVE REPORT �A 0 WATER BOARD LIFO MEETING DATE: September 15, 2010 AGENDA SECTION: Closed Session ITEM: 11.A. TO: FROM: DATE: SUBJECT David Couch, Chairman Harold Hanson, Commissioner Zack Scrivner, Commissioner Virginia Gennaro, City Attorney August 18, 2010 APPROVED DEPARTMENT HEAD 46 CITY ATTORNEY 1. Conference with Legal Counsel – Real Property Negotiations Closed session pursuant to Government Code section 54956.8 (One matter) 2. Conference with Legal Counsel — Potential Litigation Closed session pursuant to Government Code section 54956.9(b)(1)(3)(B) (One matter) • Rosedale -Rio Bravo Water Storage District v. KCWA, et al Kern County Superior Court Case No. S- 1500 -CV- 270454 3. Conference with Legal Counsel – Potential Litigation Closed session pursuant to Government Code section 54956.9(b)(1)(3)(A) (One matter) 4. Conference with Legal Counsel — Existing Litigation Closed session pursuant to subdivision (a) of Government Code section 54956.9 (One case). • State Water Resources Control Board Reference No. KMG:A31674 • Kern Delta Water District v. North Kern Water Storage District, City of Bakersfield Kern County Superior Court Case No. S- 1500 -CV- 266459 -KCT VG:dll SAWATER\Waterboard \10 -11 Clsessadmin \09- 15- 10.Potlit &Real prop. Docc 8/19/2010