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HomeMy WebLinkAbout04.17.24 WB Minutes Regular Mtglop BAK R FIELD THE SOUND OF5We(6rfnv�. geof MINUTES OF THE SPECIAL MEETING OF THE WATER BOARD - CITY OF BAKERSFIELD Wednesday, April 17, 2024 - 9:00 a.m. Water Resources Conference Room 1000 Buena Vista Rd., Bakersfield, CA 93311 I. CALL TO ORDER Chairman Smith called the meeting to order at 9:01 a.m. 2. ROLL CALL Present: Chairman Smith, Member Freeman, Absent: Member Gonzales 3. PUBLIC STATEMENTS - Non -agenda item: Dennis Fox spoke regarding a proposal for a water conservation ordinance for residential homes. A letter was also mailed to Water Board Chairman, Water Board Members, and Staff from Mr. Fox regarding the same topic. The letter was received via US Mail on April 18, 2024. 4. MINUTES A. Approval of the Minutes of the Special Meeting of February 21, 2024. Motion by Member Freeman to approve the Minutes of February 21, 2024. APPROVED WITH MEMBER GONZALES ABSENT 5. KERN RIVER LEVEE DISTRICT - Kristina Budak stated staff will give an update regarding the Kern River Levee District at the June Water Board meeting. Including projects completed and budget for upcoming fiscal year. 6. REPORTS A. Water Resources Monthly Report - March 2024 Kristina Budak, Water Resources Director, displayed Water Resources Monthly Newsletter on the conference room screen. Ms. Budak reviewed residential water conservation graphs. March 2020 water usage was significantly higher than in March of 2024, research found this was due to Bakersfield, California, April 17, 2024 — Page 2 REPORTS (continued) only one day of rain in 2020 vs periodic rain throughout March 2024. Chairman Smith and Member Freeman asked for a long term — 3-5 year conservation trend, showing gross and per capita and highlight the summer months as those are the "real numbers" regarding conservation. Member Freeman suggested Press Releases to the public. Ms. Budak highlighted treatment plants operated by Cal Water completed annual maintenance, clean up round Truxtun Lakes and Wilson Ditch. Text meeting in June staff will have more information on PFAs to present to the Water Board. To date only one City operated well exceeded the PFAs minimum contaminate level (mcl) — CBK 25 which is currently offline. Ms. Budak gave a brief update on the Water Resources Department Building landscape project. B. Update on Maintenance Activities Solomon Sackett, Water Planner, gave a presentation on the City's annual Truxtun Lake Maintenance. Topics included annual maintenance performed around Truxtun Lakes, storm damage on April 13, 2024, public feedback and stakeholders' concerns, and a native vegetation rehabilitation project in the future around Truxtun Lakes. On March 21, 2024, City staff started annual maintenance around Truxtun Lake 1. Staff cleaned banks of dead vegetation, cleared tules near water line, raised tree canopies 6 feet above ground level, and removed several dead trees. Mr. Sackett displayed photos of during and after the clean-up. Three large trees removed during the annual maintenance were identified by Conway Lopez, a certified arborist with General Tree, as dead cottonwoods. The dead cottonwoods had large cavities and no trunk stability and could fall on the bike path at any time, causing injury or fatality. Cottonwoods are naturally brittle trees and very susceptible to wind damage. On Saturday, April 13, 2024, there was a significant rain and wind event that took place causing trees around Truxtun Lakes to be blown down, which impacted the bike path. The trees had significant rot and lacked trunk stability. Water Resources staff received both positive and negative feedback regarding maintenance activities around the lakes. Bicyclist commented about how aesthetically pleasing it looked after the clean-up and fishermen appreciated being able to easily access the water to fish. Water Resources staff also received negative feedback from stakeholders regarding the removal of trees and native vegetation as well as intermittent delays of the bike path without public notice. In response to the negative feedback, on April 9, 2024, Water Resources staff meet with stakeholders to discuss future maintenance activities around Truxtun Lakes and developed a plan to address concerns. Also, Water Resources staff in conjunction with Recreation and Parks Department will work to implement a plan to replant native vegetation around Truxtun Lakes in the future. Ms. Budak added more detailed information on island and slope maintenance, including addressing native vegetation. Member Freeman inquired about when replant would take place, to which staff replied Fall 2024. Chairman Smith stated the area looks much better and reinforced that the bike path is a transportation corridor which needs a Bakersfield, California, April 17, 2024 — Page 3 REPORTS (continued) detour if closed. Member Freeman also asked staff to look at the missing trees along the river where residents walk behind The Park at River Walk. Motion by Member Freeman to Receive and File Report. APPROVED WITH MEMBER GONZALES ABSENT C. Kern River & Isabella Reservoir Operations Report Miguel Chavez, Hydrographic Supervisor, reported on Kern River basin snowpack accumulation first. Since the last Water Board meeting there have been below average temperatures and above average precipitation increased snow water content across the basin. The most significant storm occurred in early March which increased snow water content by approximately four inches. Our snow accumulation is below average but with carryover snow in high elevations from last year's historic year. On February 11 2024, Department of Water Resources (DWR) B120 report forecasted 78% of average. The latest April 1, 2024, DWR B120 report forecasts an April through July runoff of 95%. What that means for the City of Bakersfield is the City should receive approximately 158,000 acre feet (ac-ft) of supply. Mr. Chavez reported on Kern River operations at Isabella with the current inflow to Isabella at 1,556 cubic feet per second (cfs) and outflow from Isabella at 985 cfs and storage is at 279,550 ac-ft. The City projects that peak inflow to Isabella will reach approximately 3,300 cfs, peak storage levels should reach approximately 405,000 ac-ft., and peak outflow will range between 2,800-3,000 cfs. Member Freeman inquired about the Isabella Dam repairs, to which staff responded repairs are complete with some safety aspects still being checked. To date the Army Corp has not enforced any restrictions. Chairman Smith inquired to the anticipated date levels should reach their peaks, to which Mr. Chavez responded end of June early July. D. Water Conservation Presentation Matthew Collom, Deputy City Attorney I, discussed legislative developments related to Water Conservation. SB 606 and AB 1668, collectively known as "Making Conservation a California Way of Life and AB 1572, which prohibits the use of potable water to irrigate nonfunctional turf. Mr. Collom explained the background information as to why the legislation came about. The drought of 2012 to 2016 provided the impetus for the legislation. In May 2016, Governor Brown issued Executive Order B-37-16 which had four goals: (1) to Use Water More Wisely, (2) to Eliminate Water Waste, (3) to Strengthen Local Drought Resistance, (4) to Improve Agricultural Water Use Efficiency and Drought Planning. The Executive Order also ordered the creation of a framework to explore how to implement the four goals. In 2018, because of the State's Framework Report's recommendations, the Legislature drafted and passed SB 606 and AB 1668. On May 31, 2018, Governor Brown signed the two bills into law. The purpose of SB 606 and Bakersfield, California, April 17, 2024 — Page 4 REPORTS (continued) AB 1668 to establish a new foundation for long-term improvements in water conservation and drought planning to adapt to climate change and the resulting longer and more intense droughts in California. These bills established new requirements for Urban Retail Water Suppliers, (URWSs). URWSs, like the City of Bakersfield, are required to determine Water Use Objectives (WUOs). Beginning in 2027, the state could assess penalties against a URWSs if actual water used exceeds their WUOs. The State Water Resources Control Board is tasked with adopting regulations implementing the framework by summer of 2024. Final regulation goes into effect on January 1, 2025. Mr. Collorn discussed the rulemaking process and Public Hearing & Comments — Timeline. AB 1572 is a piece of legislation that was signed into law by Governor Newsome on October 13, 2023. AB 1572 prohibits public agencies, such as the City, from using potable water to irrigate nonfunctional turf. Mr. Collom explained the distinction between functional and nonfunctional turf. He also explained the required compliance date by property type and gave an example of who must comply. Several exceptions to AB 1572 include: cemeteries, golf courses, parks, residential yards, and sports fields. Nonfunctional turf may be watered with potable water providing that nonfunctional turf protects a healthy tree. AB 1572 empowers the City to enforce this legislation. City's Code Enforcement section is likely the best option to enforce AB 1572. Current Municipal Codes already in place are Chapter 14, titled Water Use Regulations and Chapter 17, titled Landscape Standards. City Attorney's Office will continue to monitor developments and will brief the City Council on any recommendations regarding amendments to the City's Municipal Code. Member Freeman asked about dual pipes or purple pipes to residential area, to which staff responded the only area within the city with purple pipe infrastructure is at the Sports Village that uses tertiary water from Wastewater Treatment Plant #3. Chairman Smith asked what the radius around the tree is allowed to which staff replied no answer has been forthcoming from the State Water Resources Control Board as of yet. Kristina Budak, Water Resources Director, also mentioned the Turf to Garden Rebate Program through the City of Bakerfield and Cal Water as a resource to assist in complying with AB 1572. E. Water Availability Fee comparison update Daniel Maldonado, Assistant Water Resources Director, prepared and presented a Memorandum in response to Water Board's request at the February 21, 2024 Special Water Board Meeting for additional information on how the proposed increase to the City's Water Availability Fee compared to comparable cities and other water purveyors within the City of Bakersfield. Mr. Maldonado explained the Water Availability Fee is calculated per the Municipal Code using the Construction Cost Index for Los Angeles, CA. The Water Availability Fee is a per gross acre fee. Historically for the City's domestic water system, the calculation assumes four (4) residential homes per gross acre. Compared to Local Water Purveyors of Oildale Mutual, Cal Water, Vaugh Water, Greenfield, and East Niles CSD; the City of Bakersfield Bakersfield, California, April 17, 2024 — Page 5 REPORTS (continued) is the lowest connection fee for a 1-inch meter connection. In addition to local purveyors, data from comparable California cities of Fresno, Clovis, Stockton, Sacramento, and Modesto were collected. Conclusion: when compared to both local water purveyors and comparable cities, the City of Bakersfield's Domestic Water Availability Fees are the least costly for developers. Due to the change in development, more high -density development, staff recommend a rate study to determine if we should switch to a per meter charge. Member Freeman encouraged Water Resources staff to proceed with analysis. Chairman Smith confirmed everyone else charges per meter connection, to which staff stated the industry standard is a per connection charge. 7. HEARINGS — None 8. NEW BUSINESS A. Update on O&M Agreement No. 92-250 with California Water Service Co. to increase in the amount of 3.6% for 2024 (starting with January 2024) year, increasing annual cost by an estimated $331,303 Kristina Budak, Water Resources Director, updated the Water Board regarding the Operation and Maintenance Agreement with California Water Service Co negotiated rate increase. City staff and Cal Water staff agreed upon a 3.6 percent increase effective January 2024. Moving forward, any rate increase to Agreement No. 92-250 will take effect in the month of March. 9. WATER BOARD STATEMENTS — None 10. CLOSED SESSION — None 11. CLOSED SESSION ACTION — None 12. ADJOURNMENT Chairman Smith adjourned the meeting at 10:17 a.m. Bob Smith, Chairman City of Bakersfield Water Board Kimberly Aleman, Secretary City of Bakersfield Water Board