HomeMy WebLinkAbout11.09.16 WB Agenda Packet Regular MtgWATER BOARD
Harold Hanson, Chair
Bob Smith
Terry Maxwell
CITY OF BAKERSFIELD
WATER BOARD
REGULAR MEETING
Wednesday, November 9, 2016 - 2:00 p.m.
Water Resources Building Conference Room
1000 Buena Vista Road, Bakersfield, CA 93311
AGENDA
1. CALL TO ORDER
2. ROLL CALL
3. MINUTES
A. Minutes of the Special Meeting of September 14, 2016 for approval - For
Board Review and Action
4. PUBLIC STATEMENTS
5. REPORTS
A. \ Kern River & Isabella Reservoir Operations Report - For Board Information
B. Update on Water Usage in the City's Domestic Water Service Area for
October 2016 - For Board Information
6. HEARINGS
7. DEFERRED BUSINESS
8. NEW BUSINESS
9. KERN RIVER LEVEE DISTRICT
10. MISCELLANEOUS
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WATER BOARD
Harold Hanson, Chair
Bob Smith
Terry Maxwell
CITY OF BAKERSFIELD
WATER BOARD
REGULAR MEETING
Wednesday, November 9, 2016 - 2:00 p.m.
Water Resources Building Conference Room
1000 Buena Vista Road, Bakersfield, CA 93311
AGENDA
1. CALL TO ORDER
2. ROLL CALL
3. MINUTES
A. Minutes of the Special Meeting of September 14, 2016 for approval - For
Board Review and Action
4. PUBLIC STATEMENTS
5. REPORTS
A. \ Kern River & Isabella Reservoir Operations Report - For Board Information
B. Update on Water Usage in the City's Domestic Water Service Area for
October 2016 - For Board Information
6. HEARINGS
7. DEFERRED BUSINESS
8. NEW BUSINESS
9. KERN RIVER LEVEE DISTRICT
10. MISCELLANEOUS
Water Board Agenda
November 9, 2016
Page 2
11. WATER BOARD STATEMENTS
12. CLOSED SESSION
A. Conference with Legal Counsel - Existing Litigation
Closed Session pursuant to Government Code section 54956.9(d)(1)
(One matter)
California Water Service Company and City of Bakersfield v. The Dow
Chemical Company, et al
San Bernardino County Superior Court Case No. CIV 470999
13. CLOSED SESSION ACTION
14. ADJOURNMENT
ART- CHIANELLO, P.E.
Water Resources Manager
POSTED: November 4, 2016
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ADMINISTRATIVE REPORT
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MEETING DATE: November 9, 2016 AGENDA SECTION: Minutes
ITEM: 3. A.
TO: Harold Hanson, Chairman
Bob Smith, Member
Terry Maxwell, Member APPROVED
FROM: Art Chianello, Water Resources Manager DEPARTMENT HEAD e I
DATE: November 2, 2016
SUBJECT: Approval of the Minutes of the Special Water Board Meeting of September 14,
2016.
RECOMMENDATION:
Staff recommends approval of the Minutes of the Special Water Board Meeting of
September 14, 2016.
BACKGROUND:
MINUTES OF THE SPECIAL MEETING
OF THE
WATER BOARD - CITY OF BAKERSFIELD
Wednesday, September 14, 2016 - 2:00 p.m.
Council Chambers, City Hall
1501 Truxtun Avenue, Bakersfield, CA 93301
1. CALL TO ORDER
Chairman Hanson called the meeting to order at 2;00 p,m,
2. ROLL CALL
Present; Chairman Hanson, Member Maxwell, Member Smith
Absent; None
3. MINUTES
A. Minutes of the Regular Meeting of August 10, 2016 for approval.
Motion by Maxwell to approve the minutes of the Regular Meeting of
August 10, 2016. APPROVED, ALL AYES
4. PUBLIC STATEMENTS
a, Dennis Fox spoke and read for the record; "And it never failed thatduring the
dry years the people forgot about the rich years and during the wet years
they lost all memory of the dry years it was always that way." That was John
Steinbeck and he had a point said Mr. Fox. Why I think this is lost is because of
the amount of subsidies I've been screaming about and the people in
Bakersfield subsidizing the water brought in and the water exported. What I'm
getting at is that we forget these things and that is what's been going on.
Mr, Fox also spoke about Finding No. 9 out of Merced's ordinance to ban the
export of their water, as happens here. Number 9, California Constitution
Article Dam Section 2 and Water Code Section 100; prohibits the waste,
unreasonable use, unreasonable method of use and unreasonable methods
of diversion of water. The county finds that under current drought and aquifer
conditions the export of ground water for use outside the respective ground
water basins within this county in which it originates are presumptuously
unsustainable uses of ground water and not unreasonable or beneficial within
the meaning of the California constitution and the California Water Code.
That applies both to ground water and to the surface water.
B A
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MINUTES OF THE SPECIAL MEETING
OF THE
WATER BOARD - CITY OF BAKERSFIELD
Wednesday, September 14, 2016 - 2:00 p.m.
Council Chambers, City Hall
1501 Truxtun Avenue, Bakersfield, CA 93301
1. CALL TO ORDER
Chairman Hanson called the meeting to order at 2;00 p,m,
2. ROLL CALL
Present; Chairman Hanson, Member Maxwell, Member Smith
Absent; None
3. MINUTES
A. Minutes of the Regular Meeting of August 10, 2016 for approval.
Motion by Maxwell to approve the minutes of the Regular Meeting of
August 10, 2016. APPROVED, ALL AYES
4. PUBLIC STATEMENTS
a, Dennis Fox spoke and read for the record; "And it never failed thatduring the
dry years the people forgot about the rich years and during the wet years
they lost all memory of the dry years it was always that way." That was John
Steinbeck and he had a point said Mr. Fox. Why I think this is lost is because of
the amount of subsidies I've been screaming about and the people in
Bakersfield subsidizing the water brought in and the water exported. What I'm
getting at is that we forget these things and that is what's been going on.
Mr, Fox also spoke about Finding No. 9 out of Merced's ordinance to ban the
export of their water, as happens here. Number 9, California Constitution
Article Dam Section 2 and Water Code Section 100; prohibits the waste,
unreasonable use, unreasonable method of use and unreasonable methods
of diversion of water. The county finds that under current drought and aquifer
conditions the export of ground water for use outside the respective ground
water basins within this county in which it originates are presumptuously
unsustainable uses of ground water and not unreasonable or beneficial within
the meaning of the California constitution and the California Water Code.
That applies both to ground water and to the surface water.
Bakersfield, California, September 14, 2016 - Page 2
4. PUBLIC STATEMENTS
b. Bob Lerude, Director of Kern County Parks and Recreation Department spoke
about their department's support of the upgrade to the signage and maps
for the Kern River Parkway bike trail; and that they will support that project
financially as well. They will work with the City when that project takes off.
5. REPORTS
A. Kern River & Isabella Reservoir Operations Report
John Ryan, Superintendent, reviewed the operations graphs and stated the
water year ends on September 30th. The final number for the April /July runoff
came in at 49% which is 221,831 acre feet for the group. Today, Isabella
inflow is at 66 second feet, outflow 212 second feet, and storage is down to
100,293 acre feet. The new water year starts on October 1st. According to
the National Weather Service Climate Prediction Center, October through
next April will have above average temperatures, below average
precipitation. However this is preliminary information and subject to change.
Staff will be attending a Cooperators Snow Conference in November and will
obtain the most current information. For Board Information, no action taken.
B. Update on Water Usage in the City's Domestic Water Service Area for August
2016.
Jason Meadors, Water Resources Director, gave a water usage update for
August 2016. Mr. Meadors stated Cal Water and the City of Bakersfield both
adopted a 9% conservation standard based on the local supply conditions
that we currently are in and expect for the winter. The City of Bakersfield
Domestic water customers decreased their usage by 213% from the August
2013 levels. The population has increased over the last three years by about
10,600 people. Conservation on our residential basis is about 24,9% reduction.
We added about 3000 connections in the last three years in the domestic
water service area, so we are seeing some growth. The cumulative savings
from June thru August is at 20.7% from 2013 levels and our target is 9% so we
are on target to meet our goal, Our residents still need to continue conserving
water. As you know in the winter months people use less water, so it would be
hard to maintain the levels where we are currently at, We are encouraging
people to reduce their water consumption; turn off their sprinklers as the
weather gets cooler and continue to conserve water, We are not out of the
drought yet. For Board Information, no action taken.
Member Smith complimented the citizen's that water use is down 25% from
where we were before and that's pretty substantial and good work.
Member Maxwell stated we are not done with the serious amount of
conserving we need to do and that it benefits everybody for the future.
Chairman Hanson asked staff if there is a way to determine if one area is
doing better than another area.
Jason Meadors, Water Resources Director stated the City is fully metered so
we know the volume of water consumed by parks, residential, industrial
and commercial; therefore staff can do an analysis in our service area.
Bakersfield, California, September 14, 2016 - Page 3
6. HEARINGS
A. Public Hearing to receive comments regarding the adequacy of the
Recirculated Draft Environmental Impact Report (RDEIR) for the Kern River
Flow and Municipal Water Program.
City Attorney Gennaro stated that the administrative report outlines some of
the procedure history behind the Recirculated Draft EIR, but at its core the
purpose of this environmental document is to support the City's application
before the State Water Resources Control Board for the unappropriated Kern
River water. It has always been and continues to be the City's contention that
water flowing in the Kern River will provide multiple benefits to the City and our
residents as well as ultimately satisfying out long term municipal demands. Ms.
Gennaro introduced Ken Schwarz, Principal Partner from Horizon Water and
Environmental,
Ken Schwarz, Horizon Water and Environmental, provided an overview
presentation of the Recirculated Draft Environmental Impact Report for the
Kern River Flow and Municipal Water Program.
Public hearing opened at 2;34 p.m.
The following individuals spoke atthe public portion of the hearing. Transcripts
are available that represent exact comments. The following general
comments are intended to give an overview of what was said.
a. Richard Diamond, General Manager, North Kern Water Storage District,
had the following general comments. He stated he is providing some
initial comments on the draft Recirculated EIR and the district will also
be providing written comments by the October 7th due date. He
stated these are initial thoughts that they would like to get into the
record. Mr. Diamond stated, I think a little bit of background and
context for my comments is important to understand that North Kern
for decades used approximately 2/3 of what's called the Source 2
Water in the EIR, those decades extend, passed earlier than the time
the City acquired water rights in the 1970s. So, we've been using most
of this water, the majority of it for more than 50 years. That's the water
that's been forfeited by court of appeals judgement from Kern Delta
Water District. I looked at the data this morning, since the forfeiture
judgement 2007; North Kern has actually used 75% of the water that
came out of the forfeiture; so we have a significant stake in this water
it's been used historically for beneficial uses within North Kern. In
addition, to our predominate use of the Source 2 Water, North Kern has
also used 20,000 acre feet of Source 1 Water as it is described in the EIR
for many decades as well. These water supplies, when you add them
up, constitute about 40% of the district's historical supplies. That's
significant, very significant amount of water, so the loss of that water
out of my district would likely cause severe environmental
groundwater impacts and we think those impacts need to be
analyzed and CEQA needs to be followed. I really can't overstate the
District's interest and concern related to the City's project. I'll let you
know that we will do everything in our power to insure that the City
Bakersfield, California, September 14, 2016 - Page 4
6. HEARINGS continued
A. a. complies with CEQA and fully analyzes the potential impacts of the
project on North Kern and surrounding areas that overlie the ground
water basin generally located north of the Kern River. With respect to
the specific comments on the Recirculated Draft EIR, the document
talks quite a bit about subsequent project level CEQA review butthere
is no specific definitive commitment to such review. The Draft EIR uses
phrases like "as necessary, if necessary and may" to describe potential
future project level review. This is inappropriate. The City needs to
unequivocally commit to fully analyzing the secondary impacts of the
project in the future including the potential impacts on North Kern. The
current lack of commitment for a full review under CEQA brings into
question how the EIR can be used to support the City's water rights
application with the state water board. There are also problems with
the EIR with respect to its compliance with the judgement out of the
Tulare County Superior Court, One example of that, the judgement
references Section 15124 of the CEQA guidelines and states that it is
critical that the latter tiers of the proposed program be identified in
some detail. Although Section 1.2.1 of the EIR includes a statement
that the EIR was prepared to, among other things, describe future
actions that would be review in detail as part of the tiering process
prior to approval of the program. The EIR fails to provide any measure
of detail regarding what those future actions might be. As such, it does
not appear that the EIR complies with the judgement out of the Tulare
Court. That concludes my comments on behalf of the district, again
the District will provide written comments prior to the October 7th and I
appreciate the opportunity to address the board.
b. Rich O'Neil, spoke on behalf of the Kern River Parkway Foundation, in
support and encourages acceptance of the Draft EIR,
C. Dennis Fox, spoke regarding the overall water supply and the faucet
fallacy; adaptive management EIR; and Sea Forest Streams.
d. Kevin Fahey, representing Kern Audubon, spoke in support of the Draft
Environmental Impact Report.
e, Tom Fallgatter, representing the Panorama Vista Preserve, spoke in
support the comments made by Mr. O'Neil and Mr. Fahey, and
appreciate the hard work done by staff and the board on this
program and looks forward to enjoy the benefits.
Chairman Hanson stated comments may be submitted on the Recirculated
EIR until 5:00 p.m. October 7, 2016,
Hearing Closed at 2:47 p,m,
Motion by Maxwell to refer all comments to staff for response, direct Staff to
prepare the Final EIR, and forward to the City Council for their review and
consideration. APPROVED ALL AYES
Bakersfield, California, September 14, 2016 - Page 5
7. WATER BOARD STATEMENTS
None
8. CLOSED SESSION
A. Conference with Legal Counsel - Existing Litigation
Closed Session pursuant to Government Code section 54956.9(d)(1).
(One matter)
1. North Kern Water Storage District v. City of Bakersfield
Ventura County Superior Court
Case No. 56 -2011- 00408712- CU- CO -VTA
Recess to Closed Session at 2:53 p.m.
Closed Session was adjourned at 3:42 p.m.
9. CLOSED SESSION ACTION
Virginia Gennaro, City Attorney, stated there is no reportable action; staff was given
direction on Closed Session Item 8,A.1.
10. ADJOURNMENT
Chairman Hanson adjourned the meeting at 3:43 p.m.
Harold Hanson, Chairman
City of Bakersfield Water Board
Bobbie Zaragoza, CMC
Secretary, City of Bakersfield Water Board
BAKE
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MEETING DATE: November 9, 2016 AGENDA SECTION: Reports
ITEM: 5. A.
TO: Harold Hanson, Chairman
Bob Smith, Member
Terry Maxwell, Member
FROM: Art Chianello, Water Resources Manager
DATE: November 2, 2016
APPROVED
DEPARTMENT HEAD
SUBJECT: Kern River & Isabella Reservoir Operations Report
RECOMMENDATION: For Board Information
BACKGROUND: Report by John Ryan, Superintendent, on current Kern River flow and Isabella
storage conditions.
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MEETING DATE: November 9, 2016 AGENDA SECTION: Reports
ITEM: 5.B.
TO:
FROM:
DATE:
SUBJECT:
Harold Hanson, Chairman
Bob Smith, Member
Terry Maxwell, Member
Art Chianello, Water Resources Manager
November 4, 2016
APPROVED
DEPARTMENT HEAD
Update on Water Usage in the City's Domestic Water Service Area for October
2016.
RECOMMENDATION: For Board information.
BACKGROUND: New emergency drought regulations took effect in June 2016, which gave
local water suppliers the ability to set their own conservation goals based on local supply
conditions projected over the next three years. The City of Bakersfield and Cal Water both
adopted a 9% conservation standard based on each of their current local supply conditions.
Even though the City has reduced its conservation standards to 9% from its previous standard of
32 %, the State Water Board still expects the City to continue to emphasize water conservation
to its customers as a top priority.
Table 1 below shows information that was reported to the State for the month of October 2016.
Note that one (1) CCF is one hundred cubic feet, or 748 gallons. "R -GPCD" is the residential
gallons per person per day water usage.
Table
1
October
October
Increase/
2013
2016
Decrease -
Total Water
Produced
1,902,817
1,662,163
-12.6%
CCF
Population
136,640
146,808
10,168
Residential Use
71.59%
71.57%
Percentage
R -GPCD
240.6
195.5
-18.7%
Total Residential
39,159
42,073
2,914
Connections
S:A2016 WATER BOARM1 1.9.16 \Water usage update October 2016.docx
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ADMINISTRATIVE REPORT
WATER BOARD
At the end of October 2016, the City's cumulative savings is 16.7% as shown in Table 2 below,
which is 7.7% higher than the City's conservation standard of 9%. The City encourages all water
users to continue to conserve entering into the fall months at a high rate so the City can ensure
that it will meet the 9% target. The current regulation is in effect through January 2017, so at
that time the City's domestic water service area must have reduced water usage at least by 9%
from 2013 levels.
Table 2
2013
2013
2016
Water
2016
Monthly
Cumulative
Cumulative
Cumulative
Month
Use
Water Use
Savings
Usage
Usage
Savings
(CCF)
(CCF)
(CCF)
(CCF)
June
2,082,532
1,572,801
-24.5%
2,082,532
1,572,801
-24.5%
July
2,284,542
1,904,594
-16.6%
4,367,074
3,477,395
- 20.4%
August
2,475,799
1,948,958
- 21.3%
6,842,873
5,426,353
- 20.7%
September
2,285,205
2,103,046
-8.0%
9,128,078
7,529,399
-17.5%
October
1,902,817
1,662,163
-12.6%
11,030,895
9,191,562
-16.7%
S:A2016 WATER BOARD\ 1 1.9.16\Water usage update October 2016.docx
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ADMINISTRATIVE REPORT
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WATER BOARD
MEETING DATE: November 9, 2016 AGENDA SECTION: Closed Session
ITEM: 12. A
TO: Harold Hanson, Chairman
Terry Maxwell, Member
Bob Smith, Member
APPROVED
FROM: Virginia Gennaro, City Attorney DEPARTMENT HEAD Ue,
DATE: November 1, 2016 CITY ATTORNEY 01-
SUBJECT: Conference with Legal Counsel — Existing Litigation
Closed session pursuant to Government Code section 54956.9(d)(1).
(One matters)
California Water Service Company and City of Bakersfield v. The Dow
Chemical Company, et al
San Bernardino County Superior Court Case No. CIV 470999
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