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HomeMy WebLinkAbout05.25.2016 WB Minutes Regular MtgB A K E R S F I E L D MINUTES OF THE REGULAR MEETING OF THE WATER BOARD - CITY OF BAKERSFIELD Wednesday, MAY 25, 2016 - 2:00 p.m. Water Resources Building Conference Room 1000 Buena Vista Road, Bakersfield, CA 9331 CALL TO ORDER Chairman Hanson called the meeting to order at 2;07 p.m. 2. ROLL CALL Present; Chairman Hanson, Member Maxwell, Member Smith Absent; None 3. MINUTES A. Minutes of the Special Meeting of March 14, 2016 for approval. Motion by Maxwell to approve the minutes of the Special Meeting of March 14, 2016. APPROVED, ALL AYES 4. PUBLIC STATEMENTS - None 5. REPORTS A. Kern River & Isabella Reservoir Operations Report, John Ryan, Water Resources Superintendent, reviewed the operations graphs and stated the natural flow is up, current peak is at 1,791 cfs; and the current in -flow is just under 1100 second feet. Isabella Storage Reservoir is at 124,867 acre feet as of midnight May 24, 2016. The regulated flow is maintaining at 412 second feet, maximum required for power flow under the Southern California Edison Generation Right. As of May 1, 2016 the Kern River Basin snow pack was at 49% or 10'/2 inches of water content. Current snowpack is just above 4 inches, mainly at the higher elevations, Current forecast has us at 220,000 acre feet which is 47% of normal. Better than last year. The current storm produced 8/100 of an inch of new snow at 11,000 feet elevation. Total run off was calculated for April 1 st to current; run off is estimated at 110,000 acre feet. We are probably halfway through our run off. Information only, no action taken. Bakersfield, California, May 25, 2016 - Page 2 5. REPORTS continued B. Report on State Water Resources Control Board Recently Adopted Water Conservation Regulations. Art Chianello, Water Resources Manager, gave a report on the State Water Resources Control Board (SWRCB) recently adopted extended emergency water conservation regulations for urban suppliers and changes under the new conservation regulations. Mr. Chianello stated more rain and snow fell in California during this year but most of the state is still experiencing drought conditions. Californians responded to the drought regulations conserving water at unprecedented levels reducing water usage in communities by 23.9% over the last 20 months, These facts along with the States recognition of the unique local water management infrastructure and capacities to regulate local water supply and demand have prompted proposed changes by the State. The State has proposed, and now adopted, to extend the drought regulations to the end of January 2017. The State has also proposed to limit and reduce the scope of the drought regulations to reflect improved hydrologic conditions, a state -wide reduction in water usage as a result of the current conservation regulations; and they are also recognizing the differing water supply conditions around the state. On May 9th Governor Brown issued a new executive order which directs the SWRCB to extend the regulations through the end of January 2017. Also, on May 9th the SWRCB released for public comment a water conservation proposal that would amend the February 2nd emergency water conservation regulations. These revised regulations were considered and approved by the State Water Board on May 18, 2016. These new regulations would replace the current State demand conservation regulations. The City's state conservation rate was 36% then revised to 31%, with the locally developed conservation standards based on each agencies specific circumstance and differing water supply conditions. The proposed regulations would require each water supplier to evaluate their supply portfolio and self - certify the level of water they have available for three additional dry years. With the calculation in place the SWRCB will keep mandatory conservation requirements in place, The SWRCB is still asking for monthly water conservation reports. The following is prohibited and will stay in effect until January 30, 2017: • Irrigation with potable water outside of newly constructed homes and buildings not in accordance with the emergency regulations or other requirements established in the California Building Code; • Using potable water to wash sidewalks and driveways; • Using hoses with no shutoff nozzles to wash cars • Using potable water in decorative water features that do not recirculate the water; • Allowing runoff when irrigating with potable water; • Irrigating outside within 48 hours after a rain event; • Irrigating with potable water of ornamental turf on public streets and medians. Bakersfield, California, May 25, 2016 - Page 3 5. REPORTS continued B. Locally, the City of Bakersfield Domestic Service area had a cumulative conservation target of 25 %, Conservation has been good over the last years; however, 1880 trees were lost due to the drought conditions. An additional 2000 dead or dying trees will need to be removed with a new tree removal contract, Unfortunately a lot of trees were lost with in the city limits due to drought conditions. Alan Tandy, City Manager, concurred that most of the trees were removed last year but there are still many more that need to be removed that we have not had the budget allocation to remove, Mr, Tandy wanted everyone to know there is a cost on the other side of the ledger, there is a goal in conservation, but a lot of amenities and value of trees have been lost in reaching that goal, Water Resources Manger Chianello stated if we repeatedly did not meet our conservation targets the State water code section 1845 had the right to fine up to $10,000 per day, specifically if we violated a cease and desist order by the State Water Board. Under the revised regulations it appears the fine will be unchanged. Also, we still have the right to fine water wasters up to a maximum of $500 per day if they are not observing the water conservation rules. The deadline to submit the State Water Board calculations, self- certifying and declaring what our new conservation target would be, is June 15, 2016. Jason Meadors, Water Resources Director, explained the calculation, stating different scenarios have been considered, including supply, demand, and current water conditions, City Manager Tandy stated it would be very nice if the City and other water purveyors were uniform with conservation numbers that would provide adequate conservation, but hopefully not continue to kill the City's urban forest. Dianne Hoover, Recreation and Parks Director, stated $900,000 was spent last year in grant money from the State to install the Maxicom System, which is an automated watering system that provides a better method to regulate the water than in the past. The new system that has been installed in all our parks will be able to monitor the moisture in the air and in the ground and water automatically from those control systems. The grant also included adding more weather stations around town so it would adjust to the weather station, With that water savings, staff has been looking at the idea of opening some of the spray parks on a limited basis, if possible, which the Water Board and City Council would consider, Staff has estimated the cost of full time or half time; water use; past use of the spray parks; maintenance, enhancements or repairs. The City has a total of 9 spray parks. Spray parks are a great alternative to unsafe swimming. Bakersfield, California, May 25, 2016 - Page 4 5. REPORTS continued B. City Manager Tandy stated the spray parks do recharge the water table. Just as the various lakes around the city typically percolate down, go into sumps and recharge the water table, He encouraged spray parks not be viewed as water wasted. Chairman Hanson asked if the City of Bakersfield ever issued a fine for water wasting, Water Resources Manager Chianello stated staff has issued violations but they were only warnings. Staff did not issue a fine. Chairman Hanson inquired about any fines from the state. Water Resources Manager Chianello said the State sent two letters inquiring about our program, our outreach, and a series of questions verifying the City is being proactive with conserving water. The State had the right to come back and ask further questions with the possibility of fines, no further question were asked and no fines were issued. Chairman Hanson asked for confirmation of the date the conservation number had to be submitted to the State, Water Resources Manager Chianello confirmed by June 15, 2016, Chairman Hanson asked if staff had a recommendation to a number today, City Manager Tandy asked for the Water Board's permission to put this on the agenda for the next City Council Meeting which would be before June 15, 2016, At which time staff will coordinate with the other water purveyors and have a more refined number. Staffs tentative thought unless the Water Board tell us different is a high single digit. Chairman Hanson asked Diane Hoover, Recreation and Parks Director is she recommending opening up all the spray parks. Recreation and Parks Director Hoover clarified her recommendation is to try to open as many spray parks as possible for half the time. Previously the City opened them for 8 hours a day and it is staff's recommendation to open them 4 hours a day and a shorter season. Water Board Member Smith stated he thought he saw an email stating California Water Service Company with an 8% number. City Manager Tandy verified for Water Board Member Smith the three day watering would stay in effect throughout the city. These regulations are only in effect for seven months and then they can change again. Colin Pearce, Legal Counsel, stated the regulations are in effect until January 30, 2017 after that the governor has asked the State Water Resources Control Board to come back with permanent water conservation regulations. Virginia Gennaro, City Attorney, stated the current city ordinance is a permanent ordinance with a clause if the State has additional regulations the city shall adopt those as well. Bakersfield, California, May 25, 2016 - Page 5 5. REPORTS continued B. City Manager Tandy stated with the Maxicom system being relatively new; we know what the paperwork says the water savings is going to be but sometimes reality does not coincide with the paperwork. We are trying to balance a water budget, which is the money to actually pay for water in the spray parks out of the savings from Maxicom, We were being conservative with our recommendation and it is the Board and Council's discretion as to the hours of operation of the spray parks. Water Board Member Maxwell verified additional information is needed to be consistent as a Board when this information regarding the spray parks is presented to the City Council. Reports Item B. was information only, no action taken. 6. HEARINGS - NONE 7. DEFERRED BUSINESS - NONE 8. NEW BUSINESS A. Storm Drain Agreement between City of Bakersfield and Kern Delta Water District Art Chianello, Water Resources Manager, gave a brief update and stated currently the City and County discharge storm water, in several of Kern Delta's canals that run through the city, specifically the Kern Island Canal, the Eastside Canal, and the Stine Canal. Historic storm water agreements have been in place since 1976. The Buena Vista Canal is an earthen lined canal owned by Kern Delta on the west side of Bakersfield. Approving this agreement allows the Public Works Department to install and activate a pumping system within the last sump in a series of sumps where it then discharges the water to the Buena Vista Canal. City staff has been working with Kern Delta on the ultimate design. On the wetter years, rather than having to manually pump down sumps that might be close to over flowing it will automatically discharge to the canal. The cost is $2,000 per year and it allows the City to discharge the water into the canal when we have a heavy storm; and it also allows reimbursement to Kern Delta for any extra maintenance or monitoring Kern Delta may need to do as a result of us discharging storm water into their canal, The term of this agreement is 20 years. Staff recommends approval of this department agreement. Kern Delta's Board Members approved this agreement at their last board meeting. Nick Fidler, Public Works Director, answered questions regarding the storm drain design and stated all the underground infrastructure is in place. This agreement would allow us to put in the lift station at the last sump in the series and place the discharge infrastructure into the canal. This agreement would formalize past practice of manually pump down the sumps or go through an emergency agreement. This is similar to the operation in place at Oak Street and 24th Street, the lift station has floats that turn on and directly dumps water into the Carrier Canal automatically. Bakersfield, California, May 25, 2016 - Page 6 8. NEW BUSINESS continued A. Water Board Member Smith appreciates Kern Delta working with the City to solve a problem. Motion by Maxwell to approve the Storm Drain Agreement with Kern Delta Water District, not to exceed $40,000. Approved, All Ayes B. Amendment to Ming Lake Temporary Services Agreement with County of Kern. Art Chianello, Water Resources Manager, stated this is an amendment with the County of Kern for an existing agreement that's been in place since 1964 for a water supply to Lake Ming. The City of Bakersfield inherited this agreement with its 1976 purchase of Tenneco Corporate assets. Since that time the sale price of the water to the county was set in the agreement at $6 per acre feet without any change due to an escalator. The City wants to bring that price up to a more reasonable level and the county was agreeable. In addition, there is some language in the agreement that states in severely dry years, if we had another historic dry year the City would not be obligated to deliver water. The current price would be $81.41 per acre feet and it is adjusted annually based on the all commodities price index. This agreement was approved at the Board of Supervisors meeting on May 17, 2016. Staff recommends the Water Board refer the agreement to full City Council for approval at the next City Council meeting on June 8, 2016. Also, in this agreement we wanted to get a better idea rather than just an estimate, so there is a clause in the agreement that asks the City of Bakersfield and County of Kern to work together to install some meters on the inlet to the Lake and the outlet to get a better idea how much water is being diverted into the Lake. Historically it has been 790 acre feet per year. Motion by Maxwell to refer the Agreement to City Council for Approval. Approved, All Ayes. 9. KERN RIVER LEVEE DISTRICT - None 10. MISCELLANEOUS - None 11. WATER BOARD STATEMENTS - None Bakersfield, California, May 25, 2016 - Page 7 12. CLOSED SESSION A. 1. Conference with Legal Counsel - Potential Litigation Closed Session pursuant to Government Code section 54956.9(d)(2),(e)(1) (One matter) 2. Conference with Legal Counsel - Existing Litigation Closed Session pursuant to Government Code section 54956.9(d)(1) (One matter) • North Kern Water Storage District v, City of Bakersfield Ventura County Superior Court Case No. 56- 2011- 00405712- CU- CO -VTA Court of Appeal - Second Appellate District - Division Six - Civil No. B260065 Recess to Closed Session at 3;01 p,m, Closed Session was adjourned at 3;59 p,m, 13, CLOSED SESSION ACTION Virginia Gennaro, City Attorney, stated on Closed Session 12, A. 1. and on Closed Session 12. A. 2. staff was given direction, 14. ADJOURNMENT Chairman Hanson adjourned the meeting at 4;00 p.m. H rold Hanso , Chaif^n City of Bakersfield Water Board BoblAie Zaragoza, CIVIC Secretary, City of Bakersfield Water Board