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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