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HomeMy WebLinkAbout09/14/94 . i CI'TY OF WATER Mark Salva~io, Chair Conni Bmnni, Vice-Chair Randy Rowles MEETING NOTICE OF THE WATER BOARD OF THE CITY OF BAKERSFIELD WEDNESDAY, SEPTEMBER 14, 1994 AT 4:30P.M. WATER RESOURCES CONFERENCE ROOM 1000 BUENA VISTA ROAD, BAKERSFIELD, CA AGENDA 1). CALL MEETING TO ORDER. 2). ROLL CALL - BOARD MEMBERS. 3). APPROVE MINUTES OF WATER BOARD MEETING HELD JULY 6, 1994. 4). PUBLIC STATEMENTS. 5). DEFERRED BUSINESS. A. URBAN PURVEYOR WORKING GROUP FACILITATED MEETING. 6). NEW BUSINESS. A. CORRESPONDENCE FROM NORTH KERN WATER STORAGE DISTRICT CONCERNING TERMS OF AGREEMENT bP 76-89 - BASIC CONTRACT WATER DELIVERIES. B. RESOLUTION TO LOCAL AGENCY FORMATION COMMISSION REGARDING KERN RIVER LEVEE DISTRICT. C. DOMESTIC WATER MAINLINE EXTENSION CONTRACT RE-ASSIGNMENTS. 7). CLOSED SESSION A. GOVERNMENT CODE 54956.9(b)(1); CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION. SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO SUBDIVISION (b) OF SECTION 54956.9 (TWO CASES). 8.) CLOSED SESSION ACTION. 9). ADJOURNMENT. POSTED: September 9, 1994 E~~OG~~, MANA G GER S:WBSE1494 FC:fi: 1000 BUENA VISTA ROAD · BAKERSFIELD, CALIFORNIA 93311 · (805) 326-3715 MINUTES OF THE REGULAR MEETING OF THE WATER BOARD - CITY OF BAKERSFIELD Held Wednesday, July 6, 1994, 4:30p.m., Water Resources Conference Room, 1000 Buena Vista Road, Bakersfield, CA 93311. 1. The meeting was called to order by Boardmember Salvaggio. 2. Present: Mark Salvaggio, Chair; Conni Brurmi, Vice-Chair Randy Rowles Absent: None 3. Boardmember Rowles had a correction to the minutes of the May llth, 1994 meeting. He asked that the word "potential" be deleted from line 3, Item 7A, on page one. With this correction he made a motion to accept the minutes as amended. Motion carried. 4. There were no public statements. 5.~ Mr. Core stated that at the March 16, 1994 Water Board meeting the Board approved proceeding with Phase II of the North East Water Supply Report. Mr. Core introduced Morris Taylor of Ricks, Taylor and Associates to give an update on Phase II of the Northeast Water Supply Report. Mr. Taylor reported that an economic review was prepared to show the value of energy and the potential cost savings of diverting water upstream of the existing Improvement District #4 (Kern County Water Agency) treatment plant. This savings could be realized by the participants in the project. No comments have been received from the other entities on alternative plant sites, therefore the project will proceed with the proposed site. An alternative, or back-up source of water will be examined for use during downtime. Board information, no action required or taken. 5.B. Mr. Core presented an update on the Agricultural/Domestic Water Interface Project before the Board. The bids on the booster station will open July 27th, with the engineers estimate for the project at $880,000, and a construction start date estimated to be mid-October. Staff is processing a loan application to the State Department of Water Resources in the amount of $3,000,000.00 to complete the storage tank phase of the project. The loan application will probably be approved in the spring or summer of 1995. Last year the Board asked the City to notify the adjacent property owners, Castle & Cooke, Inc., regarding the site line problems that may occur with future homeowners on the southside of the project. Mr. Core spoke with Becky Ullman of Castle & Cooke, Ms. Ullman said they would provide notification for the homes which are to be sold on the north side of the booster station and tank site. Boardmember Rowles asked what architectural treatment would be used. Mr. Core stated a pre-stressed concrete tank is planned and would be used with a motif similar to the administration building, using neutral colors. Also, a tree line has been planted with the anticipation of some growth to help screen the tank structure. Board information, no action required or taken. CITY OF BAKERSFIELD WATI~R BOARD MEETING MINUTES JULY 6, 1994 6.A. Mr. Core presented an invitation to attend a facilitated meeting with other urban Bakersfield water purveyors. It is requested that one City Water Resources staff member and one Water Boardmember attend. The purpose of the session is to build a consensus among the purveyors and plan for the future direction of the management of urban Bakersfield water supplies. The meeting will be held on Tuesday, July 12th, at the Red Lion Inn in Bakersfield. As a corollary matter to the planned meeting, an auditor, Mr. Dale Piner was hired in November, 1993 by the concerned purveyors group, to look into the make-up of costs and charges against the Improvement District #4 (Kern County Water Agency) budget. The ID#4 budget has a direct bearing on the pump taxes and treated water costs levied against the purveyors, whose costs are passed on to the ratepayer. Mr. Piner has not received adequate explanation or information from KCWA on certain high dollar budget items. Boardmember Brunni stated that the KCWA is a public agency subject to the Brown Act and the Freedom of Information Act. Boardmember Rowles and Mr. Core will attend the July 12, 1994 meeting. 7.A. The Board adjourned to Closed Session pursuant to Government Code 54956.9(b)(1); conference with legal counsel - anticipated litigation. Significant exposure to litigation pursuant to subdivision (b) of Section 54956.9 at 5:16p.m. Boardmember Rowles was absent due to a conflict of interest. 8. Board Chair Salvaggio reconvened the meeting at 5:38p.m.. The Board was updated on litigation activities, no Board action taken. 9. Board Chair Salvaggio adjourned the meeting at 5:40p.m. Mark Salvaggio, Chair City of Bakersfield Water Board Sharon Robison, Secretary City of Bakersfield Water Board 2 URBAN BAKERSFIELD WATER PURVEYORS GROUP WORKSHOP JULY 12, 1994 @ RED LION INN IN BAKERSFIELD AT'FENDED BY REPRESENTATIVES OF: CITY OF BAKERSFIELD EAST NILES COMMUNITY SERVICES DISTRICT OILDALE MUTUAL WATER COMPANY NORTH OF THE RIVER MUNICIPAL WATER DISTRICT CALIFORNIA WATER SERVICE COMPANY City Water Resources staff member Florn Core and Water Board member Randy Rowles attended and participated in the day-long group meeting. Discussions on the expectations of the future direction of the operations and water supply in the urban Bakersfield area were set forth, such as - Understanding each players (purveyors) interests Assure a long-term water supply · Separation of the urban Bakersfield Municipal & Industrial water supply operations from the Kern County Water Agency (KCWA) Set objectives Begin an "Action Plan" The group discussed the functions of the Urban Bakersfield Advisory Committee (UBAC), the committee is advisory to the KCWA Board of Directors on matters concerning the operation of the Improvement District #4 (ID#4) unit. The problem with the lack of true urban representation on the Kern County Water Agency Board was also discussed. Brief of Action Plan - - 1.) Change the Finance Sub-Committee of the UBAC to the Management Committee. 2.) Create or assemble the following sub-committees: a. Finance and Budget b. Project and Engineering c. Contract d. Water Supply Negotiations & Acquisitions 3.) Audit overhead expenses allocated by KCWA to the ID#4 operations (THE ABOVE ITEMS OF THE ACTION PLAN HAVE BEEN IMPLEMENTED) 4.) Form a regional organization which addresses the water interests of urban water users - an advocacy association. 5.) Look at separation, if foregoing action plan items do not result in more responsiveness from KCWA on urban water issues and operations. DEPARTMENT OF WATER AND SANITATION ~"'- GENE BOGART, Manager FLORN CORE, Water Resources Director '-. MIKE SIDES, Solid Waste Superintendent August 18, 1994 North Kern Water Storage District P. O. Box 1195 Bakersfield, CA 93302 Attention: Mr. Milo E. Hall, President RE: Contract 76-89 Letter of May 11, 1994 from City to North Kern Water Storage District and other basic contractors Dear Mr. Hall: Thank you for sharing a mutual concern over the future of water supplies in our area. Our letter of May 11, 1994, was sent to all our basic contractors, and was designed to remind everyone the basic contract term will expire in 2012 and it is entirely possible the City will need to make use of all the water now controlled by these basic contracts. It would be prudent for each district to plan ahead and not be in a position so as to be totally dependent on this contingent water supply. The future of water supplies to our basin is more uncertain than ever. Each passing day brings new and significant concerns about thc future availability of water. Consider the current "drought" as just one example. As this drought lengthens in time, the possibility of it becoming permanent (i.e.: the normal condition) becomes more and more real. If the current cycle of dry years becomes the normal condition, the City will have to call on every available drop of water entitlement simply to provide its inhabitants with potable water. Since seven out of the last eight years on the Kern have been extremely dry, I am sure you will agree this "possibility" is more real than ever. Thc uncertainties of weather, economics, environmental concerns, state and federal politics, pollution, and population (just to name a few) may change the water supply versus needs equation dramatically over time. And there is always thc unforeseen event, the disaster or radical departure from predictable norms, which may alter even the most exacting forecast. 1000 BUENA VISTA ROAD · BAKERSFIELD. CALIFORNIA 93311 · (805) 326-3715 North Kern Water Storage District August 18, 1994 RE: Contract 76-89 Page 2 With all this, and more, in mind we felt it wise to remind everyone with an interest in water under these contracts to plan cautiously for the future. We suggest having an operational plan which does not include contingent water supplies. Certainly logic dictates having several options planned based on various foreseeable contingencies. To do otherwise would be less than prudent. North Kern Water Storage District is, no doubt, well aware of the above-mentioned problems and is planning responsibly for the future. With your excellent staff we know you will explore every nuance of water supply and water needs and position yourself well for the future. Very trul~ GE~BOGART Water and Sanitation Manager ADD/GB:sr cc: Mayor Price City of Bakersfield Council Members Alan Tandy, City Manager Judy Skousen, City Attorney Tom Stetson, Stetson Engineers Scott Slater, Hatch and Parent Members of the Board of Directors, NKWSD NORTH KERN WATER STORAGE DISTRICT 1415 - 18th Street, Room 705 P.O. Box 1195 Bakersfield, CA 93301 Bakersfield, CA 93302 Telephone 805-325-3116 Facsimile 805-325-7518 August 3, 1994 Gene Bogart, Manager Department of Water and Sanitation CITY OF BAKERSFIELD 1000 Buena Vista Road Bakersfield, California 93311 RE: AGREEMENT FOR SALE OF KERN RIVER WATER AGREEMENT NO. 76-89 - CONTRACT TERM Dear Mr. Bogart: This letter is in reference to your letter of May 11, 1994, to North Kern Water Storage District ("North Kern") received on June 8, 1994. As you are aware, pursuant to Section 6.2 of Agreement No. 76-89, North Kern has a priority to renewal of the right to purchase water from the City of Bakersfield ("City'9 through the extension term over other contractors. When considering all resources available to the City to meet the needs of its residents after 2012, including other water sources within the City, based upon our review and prior discussions with you, it appears very unlikely the City would need all of such water. Additionally, North Kern is concerned that if the contract supply is not available to the other Basic Contractors, there would be significant adverse groundwater effects, including to some extent, on North Kern and others which share a common groundwater basin. In this connection, we assume that prior to making such a decision to reduce or eliminate further water deliveries to its Basic Contractors, the City will fully consider and mitigate as required by law any such decision, as well as examine the tremendous economic and environmental impacts of such a decision. We also point out that in making long-term plans and considering available water supplies, the City needs to keep in mind that there has not, been a final determination as to what rights the City actually holds as a result of this acquisition from Tenneco West, Inc. In this connection, in part in response to North Kern's assertions in the validation action of Agreement No. 76-89, Judge Naird expressly found as follows: 67. Claims of ownership of certain of the water rights have been asserted bY various parties. The Court expressly makes no findings in this action as: Mr. Gene Bogart CITY OF BAKERSFIELD Page 2 August 3, 1994 1. To any water rights or claims of water rights of whatever nature, including, but not necessarily limited to, water service rights, water use rights, rights to deliver water, water storage for distribution rights or any other water asserted right, claimed, service or facility, which has been asserted or may be asserted by any person or entity .... "(October 20, 1976 Findings of Fact and Conclusions of Law, KCSC #141362.) Similar reservations were expressed by the Superior Court in the validation action of the City's acquisition (Kern County Superior Court No. 141050). By reminding you of the foregoing, please understand that consistent with Section 9.1 of Agreement No. 76-89, North Kern is not now making a claim against the City for water other than that provided under Agreement No. 76-89, nor does it intend to make such a claim so long as the agreement in effect continues to provide the same water supply now available to North Kern. We only bring up this unresolved issue of water rights so that the City is cognizant of the facts when it makes its long-term water plans. In the past we have suggested ways to address such unresolved issues to provide greater long-term certainty for both North Kern and the City. Unfortunately, recent events indicate that the City has little interest in these proposals. We stand prepared to discuss such matters if that is the desire of the City. As I am sure you will attest, the City and North Kern have enjoyed a long-standing, and for the most part a very cooperative relationship, and we have no intention to provoke any further disputes with the City with respect to Kern River rights. However, we believe that your letter of May 11, 1994, required this response in order that all may be fully apprised of the matters relating to Agreement No. 76-89. If you or other representatives of the City wish to discuss any of the foregoing further, please do not hesitate to contact me or our Engineer-Manager, C. H. Williams. M~O E. HALL, President cc: City of Bakersfield Mayor City of Bakersfield Council Members Alien Tandy, City Manager Judy Skousen, City Attorney Scott Slater, Hatch and Parent Members of the Board of Directors, North Kern Water Storage District DEPARTMENT OF WATER AND SANITATION GENE BOGART, Manager FLORN CORE. Water Resources Director MIKE SIDES, Sanitation Superintendent May 11, 1994 North Kern Water Storage District P. O. Box 1195 Bakersfield, CA 93302 RE: Agreement for the Sale of Kern River Water (Agreement No. 76-89) SUBJECT: Contract Term Dear Contractor: Several recent water-related developments have caused the City of Bakersfield to inventor] the short-term and long-term water supplies which may be available to serve the anticipated beneficial uses of water within the greater metropolitan Bakersfield area. In the future, the City's ability to satisfy its beneficial uses within the boundaries of the City may ultimately require the City's full utilization of its Kern River water. A large amount of the City's Kern River entitlement is presently sold to various entities under contracts executed in 1976. North Kern Water Storage District (North Kern) holds such a contract with the City (Agreement). However, any obligation the City may have to continue to provide water to North Kern or other contractors under the Agreement will cease in the year 2012. (Agreement Section 3.3). It is true that the Agreement contains a two.pronged precondition to the termination of the City*s obligation to make water available to North Kern. First, the City must have fully used other water sources available to the City. Second, the City must have a beneficial need for the water within the boundaries of thc City or on City owned property. (Agreement Section 3.3{a){b)). Based upon the best information presently available, the City believes that both prongs of the precondition will be satisfied by the year 2012. Although the City intends to exercise its rights under the Agreement, the City would prefer that its decision to fully utilize its Kern River water for its own use will not work undue hardship on North Kern. Because it is highly likely that the City will in fact require substantially all of its entitlement to Kern River water, the City urges North Kern to engage in appropriate planning to ensure that North Kern will have obtained access and rights to sufficient quantities of substitute water supplies to offset the anticipated loss of Kern River water it now receives under the Agreement. 1000 BUENA VISTA ROAD , BAKERSFIELD, CALIFORNIA 93311 , (805) 326-3715 Agreement for the Sale of Kern River May 11, 1994 Water (Agreement No. 76-89) Contract Term Given that we are now more than halfway through the contract period and the complexities typically associated with water matters, it is not too soon for the City's water supply contractors to begin the process of planning for the future. As we approach the 2012 termination date, the contractors may find their options more limited. Consequently, the City offers its encouragement for the initiation of a strategic plan that will enable you to give full consideration to alternative water supplies that may be available from the State Water Project to North Kern. If the City can assist North Kern's coordination or planning process for the acquisition of a substitute supply, please contact myself or Fiorn Core at the City of Bakersfield's Water Resources Office (805) 326-371~. Very truly yours, Water and Sanitation Manager GB:sr cc: Mayor and City Councilmembers Alan Tandy, City Manager Judy Skousen, Acting City Attorney Scott Slater, Hatch & Parent 2 ~ESOLUTION NO~ A RESOLUTION CONCERNING AN APPLICATION TO LAFCO FOR AUTHORITY TO CONSOLIDATE THE KERN RIVER LEVEE DISTRICT INTO THE CITY OF BAKERSFIELD. WHEREAS, the 'Kern River Levee District ("District") provides services vital to the public safety and welfare of the inhabitants of 'the District; and WHEREAS, the District provides these vital services under very tight fiscal constraints; and WHEREAS, the District relies upon the City of Bakersfield ("City") to contribute materials and human resources so that the District may carry out its responsibilities; and WHEREAS, the District is unable to provide the appropriate degree of maintenance and control over District territory because of its limited financial resources; and WHEREAS, the District lies eighty percent (80%) within the boundaries of the City of Bakersfield ("City") and ninety-five percent (95%) of the actual levee lies within the boundaries of the City; and WHEREAS, the Manager of the City of Bakersfield Water and Solid Waste Department has recommended, and this Council is of the opinion, that public convenience and necessity require that the City assume the responsibilities of the District; and WHEREAS, the Cortese/Knox Local Government Reorganization Act of 1985 (Government Code §§ 56000 et seq.) prescribes the procedures for such local agency consolidation and empowers this Council to initiate such a change.by adopting a resolution of application (Government Code § 56800); and NOW, THEREFORE, be it resolved that the City Council of the City of Bakersfield hereby finds, determines and declares as follows: 1) Pursuant to Division 3 of Title 5 of the Government Code of the State of California, application is made to consolidate; and 2) Other affected counties, cities, and districts are: a) Counties: Kern County b) CitieS: None c) Districts: Kern County Mosquito and Vector Control District 3)~ The Kern River Levee District, the territory proposed for consolidation, is located eighty percent (80%) within the boundaries of the City and entirely within the'County of Kern, and the exterior boundaries of the District are more particularly described in Exhibit "A", attached to this Resolution and incorporated herein by this reference. 4) This proposal is made in or.der to allow the City to assume responsibility for' the duties of the District which include but are not limited to: a) Protecting the land within its boundaries from overflow and flooding from the Kern River; b) Erecting and maintaining levees and dikes within its boundaries; c) Keeping the Kern River channel clear of vegetative growth and debris which would affect the flow in the channel; d) Depositing suitable riprapping material on the inside faces of the levees to minimize. erosion; and e) Maintaining fencing of the levee system to restrict public access. - 2 - 5) This proposed change 0f organization should be made subject to the following conditions: a) The District financing, revenue base and reserves are made fully transferable to the City.~ 6) In accordance with the foregoing, it is requested that proceedings be undertaken to accomplish the change of organization proposed herein, i.e., consolidation of the District with the City. 7) The District has made a concurrent resolution of application, attached as Exhibit "B", requesting consolidation of the District with the City, and pursuant to Government Code Sections 56839 and 56839.1, request the Local Agency Formation Commission. (LAFCO) make its determination without a prior election. 8)· The Water and Sanitation Department has determined that it can be seen with certainty there is no possibility the proposed action may · have significant effect on the environment pursuant to the provisions of Section 15061(b)(3) of the State CEQA Guidelines for which reason no environmental evaluations or documents were required other than the Notice of Exemption which the Department will file with the Clerk of the City Council. 9) Determination is made hereby that there will be a transfer of service responsibility to the City from the District which currently derives a share of the 1.00% countywide ad valorem property tax. 10) The Manager of the Water and Sanitation Department is authorized and directed to: a) File an application for consolidation with LAFCO (Government Code § 56652); and b) File a plan for providing services within the affected territory with LAFCO (Government Code § 56653); and c) Do all other things necessary to ~accomplish the purpose of this Resolution. - 3 - 11) The Clerk of this Council shall forward copies of this Resolution to the following: a) Water and Solid Waste Department (one (1) certified copy and ten (10) copies) b) LAFCO (one (1) certified copy) c) City Attorney d) Kern River Levee District o0o - 4 - I 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: CITY CLERK and'Ex Officio Clerk of the Council of the City of Bakersfield APPROVED BOB PRICE MAYOR of the City of Bakersfield APPROVED as to form: JUDY K. SKOUSEN CITY ATTORNEY of the City of Bakersfield ADD: j lb \ordnanc~\leveecon.ord 08/17/94 - 5 - DOMESTIC WATER ENTERPRISE MAINLINE EXTENSION ASSIGNMENT Water Board Meeting - City of Bakersfield Wednesday, September 14, 1994 TRACT or REMAINING REASSIGNED TO PARCEL MAP BALANCE Hans L. & Helga M. Lwowsld Tract 4469 $31,245.64 701 Christine Drive (83-10 W.B.) Palo Alto, CA 94303 Lloyd E. Rigler Tract 4561 $44,608.39 P. O. Box 828 (83-46 W.B.) Burbank, CA 91503-0828 James Rigler Water/White Lane $44,247.47 P. O. Box 828 (83-47 W.B.) -- 'Burbank, CA 91503-0828 Steven L. Davis Parcel Map 6791 $45,608.57 P. O. Box 828 (84-26 W.B.) Burbank, CA 91503-0828 TOTAL ...................... $165,710.07 .... ITEM 7A GOVERNMENT CODE 54956.9(b)(1); CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION. SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO SUBDIVISION (b) OF SECTION 54956.9 (TWO CASES).