Loading...
HomeMy WebLinkAbout07/12/95 WATER BOARD I Mark Salvaggio, Chair Randy Rowles, Vice-Chair I Patricia M. Smith NOTICE OF WATER BOARD MEETING OF THE CITY OF BAKERSFIELD I WEDNESDAY, JULY 12, 1995 AT 4:30P.M. WATER RESOURCES BUILDING, 1000 BUENA VISTA RD, BAKERSFIELD, CA I AGENDA 1). CALL MEETING TO ORDEI~ I 2). ROLL CALL - BOARD MEMBERS. 3). APPROVE MINUTES OF WATER BOARD MEETING HELD MAY 10, 1995. I 4). PUBLIC STATEMENTS. i 5). DEFERRED BUSINESS. A. KERN RIVER RUNOFF YIELD FORECAST. B. KERN WATER BANK 1995 OPERATIONS - VIDEO PRESENTATION. C. ASSEMBLY BILL 1005 (CORTESE) - WATER SUPPLY PLANNING. I D. ASSEMBLY BILL 733 (SPEIER) - FLUORIDATION OF WATER SUPPLY. 6). NEW BUSINESS. ~l A. REQUEST FROM EQUESTRIAN CLUB FOR REMOVAL OF FENCING. 7). CLOSED SESSION 'l A. GOVERNMENT CODE 54956.9(b)(1); CONFERENCE WITH LEGAL COUNSEL- ANTICH%TED LITIGATION. SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO SUBDMSION Co) OF SECTION $4956.9. 8). ADJOURNMENT. I ~Water Manager I POSTED: July 7, 1995 S:WBJLI295 I 1000 BUENA VISTA ROAD . BAKERSFIELD, CALIFORNIA 93311 . (805) 326-3715 MINUTES OF THE REGULAR MEETING I OF THE ..... WATER BOARD - CITY OF BAKERSFIELD I Held Wednesday, May 10, 1995, 4:30p.m., Water Resources Conference Room, 1000 Buena Vista Road, Bakersfield, CA 93311. I 1. The meeting was called to order by Boardmember Salvaggio at 4:40p.m. I 2. Present: Mark Salvaggio, Chair Randy Rowles, Vice-Chair Patricia M. Smith iAbsent: None 3. Boardmember Smith made a motion to approve the minutes of the Special Meeting held i March 14, 1995. Motion carried. 4. Mr. Core introduced Mary Lou Cotton, Water Education Coordinator for the Kern County Water Agency who made a presentation for "Fun Run/Walk for Water" and the month of I May as "Water Awareness Month". The event Saturday, May 20, at will be held 1995 9:00a.m. in Beach Park. Mr. Core also noted the Mayor has proclaimed May as Water Awareness Month in Bakersfield. I 4B. There were no further Public Statements. I. ~' 5. At 4:45p.m. the Boardmembers and City Staff toured the City's "2800 Acres" Groundwater Recharge Facility. I The Meeting reconvened at the Water Resources Conference Room 6:20p.m. 6A. Mr. Core presented an update on the Northeast Water Supply and comments received on I the draft report. Two sets of comments have been received, one each from East Niles Community Services District and North of the River Municipal Water District. The other participants have requested an extension of time in order to comment. The early comments have centered on where the water is coming from for this project. The consulting engineers will respond to all comments once all are received. Board information, no action required. I 6B. The Southwestern Willow Flycatcher update was discussed before the Board by Mr. Core. The City Council received a copy of correspondence by the Kern River Watermaster on behalf of the Kern River Interests. The S W Willow Flycatcher has been listed as an i endangered species and the comment period to the U. S. Fish & Wildlife Service has been held open for the critical habitat designation through April 28, 1995. Of concern to the City is the shoreline of Lake Isabella and the limitation on storage. Boardmember Rowles asked i how does this stand as this year will require a high storage volume in Isabella Reservoir. Mr. Core responded that the reservoir will operated by the Corps of Engineers in a normal, unrestricted manner. For Board information, no action required or taken. 6C. Gene presented the 1995 Kern River runoff yield forecast. The official State generated forecast is 175% of normal or approximately 820,000 acre-feet in the April - July period. Mr. Bogart indicated that with this supply, the City will be able to meet all of its contract I deliveries under maximum for flows in the Kern River channel schedules, provide through SPECIAL WATER BOARD OF TUESDAY MARCH 14, 1995 MR. SALVAGGIO SHARON ROBISON: PLEASE CONSIDER A REQUEST AND MOTION TO MOVE UP AGENDA ITEM 6).A. CALIFORNIA DENTAL ASSOCIATION TO FOLLOW ITEM 5).A. & CONSIDER A REQUEST TO MOVE ITEM 7). CLOSED SESSION TO FOLLOW THE ABOVE MOVED ITEM. THEN RESUME WITH REGULAR AGENDA AT ITEM 5).B. Bakersfield this year and end the year with a full carryover supply in Isabella Reservoir. I Although there is a good possibility of the reservoir reaching the spillway on the 4t~ of July, - the reservoir will be under control and no flooding will occur on the Kern River. For Board I information, no action required or taken. 6D. Assembly Bill 733, Fluoridation of water supply, was presented to the Board by Mr. Core. This Bill is currently in the Appropriations Committee. Changes have been made from the I original introduction, mainly the financing of implementing fluoridation. A water system will not be required to comply until funds sufficient to pay capital costs have become available from any source. The intent is to not force another unfunded mandate on water companies. I One aspect of the changes will allow the water utility to adjust rates to recover costs in complying with this law. Mr. Core estimated that it would cost over $100,000 for start up on the City system alone. Local representatives of the California Dental Association are i advocating adoption of this Bill and have spoken to City staff on numerous occasions. City staff has encouraged the CDA representatives to contact all water purveyors in Bakersfield, as well as the County Board of Supervisors, to ensure a coordinated plan. Boardmember i Smith asked if the local CDA was disappointed because they feel it is moving to slowly. Mr. Core responded that the CDA is solidly behind fluoridation of water because it's great for reduced tooth decay, but are disappointed that it is not being mandated and funded. Staff i recommends a watch on this legislation. For Board information, no action taken. 7A. Judy Skousen, City Attorney, presented the Tehama County Ordinance on regulation of groundwater pumping before the Board. The City Council adopted an Ordinance that added I to our subdivision ordinance, a certain amount of regulation of what could be done with groundwater. Recently, in the case of Baldwin vs the Coun _ty of Tehama, it is clear that the i! City does have authority to regulate groundwater. The County of Tehama adopted an · ordinance requiring a permit before groundwater is pumped up and from property over · which a well is located. A permit is issued only if it is determined that there was no groundwater overdraft of the basin or no detrimental effect to the water supply in Tehama I County. Scott Slater, City Consulting Attorney indicated he has been working with Tehama County and an ordinance on groundwater will protect the quantity and quality of City's primary source of water supply. Recent appeals court rulings give cities and counties such powers to regulate groundwater. This will not allow regulation of other public agencies that have authorized banking and extraction programs. Boardmember Smith questioned if this will impose on private property rights areas. Mr. Slater replied that point would be of real I concern because by prohibiting the use you raise the prospect of taking water rights, but it is suggested that if water was moved it elsewhere for a new use there are no vested property rights and secondly its a prohibition where regulating under zoning laws that relates to land I use. City Attorney Skousen recommended the City adopt an ordinance, similar to the Tehama case and approach the County of Kern through the Intergovernmental Relations Committee. Motion made by Boardmember Salvaggio for staff to draft an ordinance for i Board review. Motion carried. 713. The 1995 Kern Water Bank Operations was presented by Mr. Bogart. The properties i originally held by the state, the 20,000 acres, are located on both sides of the 2800 Acres and out and beyond I-5. The State Water Project Monterey settlement agreement has these lands transferred to the Kern County Water Agency. The City's "2800 Acres", which is becoming more of an urban use project, straddles the bank properties. Due to the I of flow from this the Kern Water Bank is in availability high waters many sources year, :' recharge operations. City staff are concerned of the possibility of interference with our ! existing "2800 Acres" operation, however with several portions of the banking properties needing access to the Kern River channel or other City facilities, this will allow the City to monitor operations of the bank. For Board information, no action taken. 7C. Domestic Water Mainline Extension Contract re-assignments. Mr. Core presented 3 contracts for re-assignment in the amount of $62,335.34. For Board information, no action required or taken. 7D. Assembly Bill 1005 (Cortese) - Water Supply Planning. Assistant City Attorney Alan Daniel and Consulting Attorney Scott Slater presented and discussed this potential legislation. A similar bill was introduced a year ago by Assemblymember Cortese and the City opposed it. We objected to the earlier Bill on various grounds, including provisions for other entities overseeing our planning process and others determining our water supplies. The current bill still is not satisfactory as it takes away the planning discretion of the City, considerably lengthens general plan amendments, increase development costs and questions the City's water supply. The water supply provisions of the bill require approaching a water purveyor about adequate water and that purveyor determines whether it has water for a certain development, if not, then it shifts the determination burden to the City to make a finding supported by substantial evidence that your decision about water is better than the purveyors. This could place the City at a point of defending a decision about the adequacies of others water and Mr. Slater noted this bill is also tied to "no growth" supply potential litigation. issues in the northern part of the State and the bill's sponsor Cortese has placed it into a 2- year cycle. Statewide, the building industry and cities and counties are opposed to this legislation. Boardmember Smith asked if this bill was over control. Mr. Bogart replied that the City does not want a water district or purveyor to determine the adequacies of the water supply in the City or hold the City from developing an area due to impulsive decisions. Boardmember Rowles commented that as a practical matter the City requests a will serve letter from the purveyor and the'purveyor already decides their long-term water requirements and also that the Kern County water Agency was silent on this issue last year and hopefully are going to be silent on this Bill this time. City staff were directed to draft a letter of opposition to this bill for review at the next Board meeting. Motion by Boardmember to draft opposition letter. Motion approved. 8. Closed Session. 8A. Boardmember Rowles left the meeting due to conflict of interest on Closed Session item. 9. Closed session action. No action was taken. 10. The meeting adjourned at 6:55p.m. ~~ Mark Salvaggio, City of Bakersfield Water Board Sharon Robison, Secretary of Bakersfield Water Board City KERN RIVER NATURAL FLOW, REGULATED FLOW, & ISABELLA RESERVOIR STORAGE 1994-1995 WATER YEAR PROJECTION 8000_ , 600,000 - Isabella Reservoir Gross Pool Capacity (568,075) ~ (~,~=s ~.) 7soo--_ I-hs5o,°°° -- (2603.91 Ft.) 7000_Z 6,500- 60OO- (~.e~ $000= N~tursI Flow ~/) 4500= fl. 4000= Isab®ll~ I-- 000 0 12,~6s.'18 Ft) SO~O00 R®gul~t~d (2s31 .es FL) Oct-94 Nov-94 Dec-94 Jan-95 Feb-95 Mar-95 Apr-95 May-95 Jun-95 Jul-95 Aug-95 Sep-95 m m m m m m m m mm ~m m m m m m m m m m KERN RIVER GROUP 07-06-95 KERN RIVER GROUP 1995 KERN RIVER - ISABELLA RESERVOIR PROJECTED OPERATIONAL ROUTING Quantities in rooo acre-feet except wl~eze noted... STATE FORECAST UPDATE AS OF JUNE21, 1~ = ~30,000 ACFT APRIL-JUL Y LAKE INFLOW {laO~ OF NORMAL) JAN. FEB. MAR. APR. MAY JUN. JUL. AUG. SEP. OCT. NOV. DEC. TOTAL KERN RIVER COMPUTED NATURAL FLOW 46.8 48.8 156.4 143.2 255.0 292.1 172.8 62.5 35.5 20.0 20.0 25.0 1278.1 ISABELLA RESERVOIR LOSS 0.5 1.0 1.4 2.6 3.4 6.9 9.8 9.2 5.6 4.2 2.0 1.0 47.6 KERN RIVER REGULATED FLOW 19.8 21.0 57.4 114.0 138.4 186.5 185.0 165.0 80.0 60.0 50.0 25.0 1102.1 KERN RIVER REGULATED FLOW (mean cfs) 322 365 934 1916 2251 3134 3009 2683 1344 976 840 407 ISABELLA RESERVOIR STORAGE (End of Month) 142.1 168.9 266.5 293.1 406.3 505.0 483.0 371.3 321.2 277.0 245.0 244.0 NOTES: 1. Kern River Computed Natural Flow... January thru May are actual values; June thru September values as forecasted by State/ Central Records; October thru December values as projected by Central Records... 2. Isabella Reservoir Loss... January thru May are actual values; June thru December values as projected by Central Records... 3. Kern River Regulated Flow... January thru May are actual values; June thru December values as projected by Central Records... DECEMBER 1st UNIT CARRYOVER STORAGE ESTIMATES Isabella Reservoir Total Storage = 245.0 Recreation Pool + Dead Storage = 30.2 Total Irrigation Storage = 214.8 Buena Vista WSD = 68.7 Hacienda WD = 43.0 First Point Group = 103.1 North Kern WSD -- 62.3 City of Bakersfield = 40.8 PEAK SNOWMELT INFLOW June 29 @ 5712 CFS PEAK STORAGE ESTIMATE July 12 @ 538445 AF ISABELLA RESERVOIR DALLY OPERATIONS REPORT (All readings are for date of report (WEDNESDAY) as of OOOl, except as noted.., cfs in italics) Date of Report: July 12, 1995 ISABELLA RESERVOIR 1 2603.79 Lake Elevation 548649 Storage 2137 Change 4224 Inflow to Isabella 2 568075 Storage Capacity 97% % of Capacity 275510 Normal Storage 199% % of Normal Storage For this Date 3 11254 Average Lake Area (Surface Acres) 4 4133 North Fork Mean 3670 North Fork @ 0700 Hours 1050500 Accumulative Inflow (Water Year) 5 2954 Mean Outflow 568 Borel Canal 2386 Main Dam Outlet 596150 Accum. Outflow (WY) 6 193 Lake Evap. (cfs) 0.53 Inches Evap. for 24 Hours 7 O Spillway Discharge for 24 Hours PRECIPITATION AND TEMPERATURE 8 0.00 Inches of Precipitation at Isabella for 24 Hours 9 16.24 Seasonal Precip. Isabella 9.71 Normal for 167% Isabella Precip. this Date % of Normal 10 0.00 Inches of Precipitation at Pascoe for 24 Hours 11 55.00 Seasonal Precip. Pascoe 34.64 Normal for 159% Pascoe Precip. this Date % of Normal 12 91 Isabella Maximum Temperature 13 65 Isabella Minimum Temperature NATURAL RIVER FLOW 14 4439 Natural.Flow (cfs) 1098913 Accum. Natural Flow (WY) 803862 Accum. Natural Flow (A-J) 15 1263 Mean Flow 351% Natural Flow 826 Median Flow 537% Natural Flow For this Date in % of Mean For this Date in % of Median 16 7176 Max. on Record 146 Min. on Record For this Date For this Date Produced by City of Bakersfield Department of Water Resources (805) 326-3715 City of Bakersfield Department of Water Resources RESERVOIR REPORTS - JULY 12, 1995 ** SELECTED CENTRAL VALLEY STREAMS ** Current Percent of Capacity Storage Capacity Inflow Outflow (AF) (AF) (%) (CFS) (CFS) Kern River Lake Isabella 568075 548649 97% 4224 2954 Tule River Lake Success 82300 79675 97% 267 509 Kaweah River Lake Kaweah 143000 142256 99% 2864 3153 Kings River Pine Flat Reservoir 1000000 982872 98% 12152 12984 San Joaquin River Millerton Lake 520000 526490 101% 14995 14836 July 5, 1995 3334.24 Jil~l Cost2, State Senator 2158 Capitol Building Sacramento, CA 95814 RE: Asscmbly Bill 1005 Dear Honorable State Senator Costa: I The City of Bakersfield ,Jxrough its Water Board, opposes the passage of AB 1005 (Cortege) in any form. Tiffs bill is a recapitulation of AB 2673, previously spol3sored by Mr. I Cortese in 1994. In correspondence dated June 15, 1994, thc City of Bakersfield opposed AB 2673, and for the record, we reiterate our opposition to AB 1005. We note that current law already allows water agencies to comment on adoptions and amendments to general plans, with cities and counties retaining final authority over zoning and plarmin8 matters. Under existing law, the City of Bakersfield is delegated the responsibility I to plan for futare growth and development on the basis of a great many factors, including water availability. AB 1005 would drastically change existing law by making water availability the sole criteria for planning purposes. More importantly, it would shift responsibility for evaluating I water availability and thu.q planning and zoning decisions from the City to local water purveyors that have an acknowledged limited purpose and focus. I As a result, AB 1005 effectively destroys the City of Bakersfield's ability to plan and decide its futuxe. AB 1005 inappropriately replaces city and county decision-making with I the judgment of local water purveyors. The result is that cities and counties will be held hostage to the special interests of the water purveyors, whose more parochial interests may not be consistent with the interests of all City residents. In some cases, the water purveyor vetoing the I City land use decision may even be an investor-owned water utility or a mutual water company without publicly elected directors. 1 Jim Costa S~ate Senator 2158 Capitol Building Sacramento, CA 95814 July 5, 1995 Page 2 Besides being conceptually unacceptable in broad terms, tile most notable problem with AB 1005 is thc cumbersome process a city or county must avail itself of should it disagree with the water purveyor's findings. Adding more complexity to the process and removing the control fivorn the planning agency does not contribute to better planning; rather it will actually increase the potential for conflict. Instead of the suggested effect of m~king planning decisio~ more responsible, the only clear tbrcseeable result is more litigation. In such cases, the real winners are attorneys, not cities and counties and their constituents. AB 1005, like AB 2673, places a priority on providing water service to existing t~ustomers irrespective of other factors which may be of importance to the decision.maker, such as the purpose, duration or i~tensity of use. We think that Cali~brnia law and common sense require greater flexibility. Inevitably AB 1005's will spawn unnecessary litigation until its meaning and purview is ultimately provided by the courts The City of Bakersfield is proud of its accomplishments in acquiring adequate water supplies to serve its admittedly growing constituency. Its efforts to secure sufficient water to meet its economic destiny should not be compromised by statewide legislation which preempts its superior long range planning efforts. In all, AB 1005 removes local planning control without providing a cont;omitant benefit. It serves to severely circumscribe the long enjoyed general police power authority from cities and counties in favor of local water districts with dubious planning and zoning qualifications, urge you to support vote on ,passage. We with~ld oft~s bill its Sincerely, For THE CITY OF BAKERSFIELD I I I I I I I I I I VERBAL REPORT WILL BE GIVEN BY STAFF ON ASSEMBLY BILL 733 1 I I I I I I I 1 JUL-12-95 t4ED 11:12 CITY IIfiN~GEE'S OFFICE F~X NO. 805 324 1850 P. 01 AB 7~ (Speier) - Ci¥ink Download 7-12-~ ~' ~'~' ~ _ ~ ~ CA AB 733 AUTHOR: Speier TIT~: Drinking water: fluoridation IN~ODUCED: 0~2~95 ~ST AMEND: 07/05/95 COMMIWEE: SenSe He~ ~d Hum~ Se~ces Commiffee H~RING: 0W1~5 1:30 pm CODE SECTIONS: ~ act to add S~ions 4026.7 ~d 4026.8 to the He~th ~d Sa~ Code, relating to d~nking water. SUMMARY: Requires the State Depa~ment of HeNth Se~ices to adopt ~egulafions that r~uire the fluoridation of the water of any public water ~stem ~at h~ at le~ 10,000 sewice conne~ons according to a pre~rib~ sch~ule b~ upon ~e Iowe~ ~ital ~st per connection; r~uir~ the r~ula~ons to ~t~lish the minimum ~d m~mum pe~i~ible concentrations of fluoride; m~ related pm~sions. AB 7~, as ~ended, Speier. Drinking wat~: fluoridation. ~sting law, ~mmonly referred to ~ the CNifomia Safe Drinking Water Act, is administer~ by the State Depa~ent ~ He~ Sewi~s ~d, ~ong other ~ings, it r~uir~ ~e dep~m~t to ~lish re~mmend~ public heN~ levels ~ ~nt~in~ in drinking w~er, ~d requires operatom of public waer systems to ob~n a p~it, ~isfing law ~ requir~ the dep~e~ to, a the r~u~t of ~y public water ~, g~t a v~ce from ~e p~ma~ d~nking water ~a~d ~opted by the dep~e~ for fluoride, if cern ~ndifions ~e satired. This bill would require ~e depa~ment to adopt r~ulations · at r~uire the fluoridation of the water of ~y public water ~st~ that has at le~t 10,~0 se~ce connections according to a pm~Hb~ sch~ule b~ upon the lowest capit~ co~ per ~nne~ion. Among other ~ings, it would require the regulations to ~t~lish the minimum ~d m~imum permi~ible ~n~n~ations of fluoride. Th~ bill would pro, de ~at a public water system scheduled to fl~ridate pumu~t to ~e bill may ~mply with the ~pli~ble regulafi~s at ~y time, b~ is not required to ~mply until ~nds suffident to pay ~pitai cos~ for the wstem have b~ome a~l~le ~om ~y source other ~ ~e JUL-12-95 WED 11:12 ¢I?Y MANAGER'S OFFICE F~ NO, 805 324 1850 P. 02 AB 733 (Citylink Download 7-12.95) Page 2 public water system itself. This bill would also exempt a public water system from complying with regulations adopted by the department in any year that funds are not appropriated ,or made available from sources other than the public water system itself, for oosts other than capital costs. The bill would provide that a public water system with less than 10,000 service connections may elect to comply with the fluoridation standards of the bill, It would require costs of compliance with the standards, compliance requirements, and regulations to be paid from the GeneraJ Fund, upon appropriation by the Legislature. This bill would require each public water system to provide the dePartment with an estimate of anticipated total annual noncapital operations and maintenance costs related to fluoridation treatment by January 1 prior to the year in which the fluoridation treatment will begin. The bill would also require the Attorney General to, upon request by the department, institute mandamus or other appropriate proceedings in cases where the owner or operator of a public water system fails to comply with a regulation adopted pursuant to its provisions. This bill would permit the department to grant variances pursuant to existing law. By requiring the addition of fluorides to public water Systems, this bill would impose additional duties on local public entities that operate public water systems, thereby imposing a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for specified reasons. Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes. STATUS: 02/22/95 INTRODUCED. 03/02/95 To ASSEMBLY Committee on ENVIRONMENTAL SAFETY AND TOXIC MATERIALS. 04/17/95 From ASSEMBLY Committee on ENVIRONMENTAL SAFETY AND TOXIC MATERIALS with author's amendments. Read second time and amended. 04/17/95 Re-referred to ASSEMBLY Committee on ENVIRONMENTAL JUL-12-95 WED 11:13 CITY MANAGER'S OFFICE F~X NO, 805 324 1850 P, 03 AB 733 (Citylink Download 7-12-95) Page 3 SAFETY AND TOXIC MATERIALS, 04/18/95 From ASSEMBLY Committee on ENVIRONMENTAL SAFETY AND TOXIC MATERIALS: Do pass. Re-referred to Committee on APPROPRIATIONS. 05/10/95 To ASSEMBLY Committee on APPROPRIATIONS Suspense File. 05/26/95 In ASSEMBLY. Joint Rule 61 suspended. 05/31/95 From ASSEMBLY Committee on APPROPRIATIONS: Do pass as amended. 05/31/95 In ASSEMBLY. Read second time and amended, To second reading. 06/01/95 in ASSEMBLY. Read second time. To third reading. 06/02/95 In ASSEMBLY. Read third time. Passed ASSEMBLY. *****To SENATE. 06/12/95 To SENATE Committee on HEALTH AND HUMAN SERVICES. 06/14/95 From SENATE Committee on HEALTH AND HUMAN SERVICES with author's amendments. Read second time. Amended. Re-referred to Committee 06/21/95 In SENATE Committee on HEALTH AND HUMAN SERVICES: Heard, remains in Committee. 07/05/95 From SENATE Committee on HEALTH AND HUMAN SERVICES with author's amendments. Read second time. Amended. Re-referred to Committee VOTES: 04/18/95 Assembly Environmental Safety and Toxic Materials Committee P 7. 5 05/31/95 Assembly Appropriations Committee P 10- 5 06/02/95 Assembly Floor P 48-18 END OF REPORT JUL-12-95 N£D 11:13 CITY MP,~GER'S OFFICE F~X NO, 805 324 1850 P, 04 AB 733 (Citylink Download 7-12-95) Page 4 In bill text, brackets have speciaJ meaning: IA> <Al contains added text, and ID> <DJ contains deleted text. California 1995-96 Regular Session 1995 CA AB 733 Amended Speler AMENDED IN SENATE JULY 5, 1995 AMENDED IN SENATE JUNE 14, 1995 AMENDED IN ASSEMBLY MAY 31, 1995 AMENDED IN ASSEMBLY APRIL 17, 1995 ASSEMBLY BILL No. 733 INTRODUCED BY Assembly Member Speier (Principal coauthor: Assembly Member Willie Brown) (Principal coauthor: Senator Maddy) (Coauthors: Assembly Members Goldsmith and Katz) FEBRUARY 22, 1995 An act to add Sections 4026.7 and 4026.8 to the Health and Safety Code, relating to drinking water. LEGISLATIVE COUNSEL'S DIGEST AB 733, as amended, Speier. Drinking water: fluoridation. Existing law, commonly referred to as the Caiifomia Safe Drinking Water Act, is administered by the State Department of Health Services and, among other things, it requires the .department to establish JUL-12-95 WED 11:14 CITY MANAGER'S OFFICE FAX NO, 805 324 1850 P. 05 AB 733 (Citylink Download 7-12-95) Page 5 recommended public heaJth levels for contaminants in drinking water, and requires operators of public water systems to obtain a permit. Existing law also requires the department to, at the request of any public water system, grant a variance from the primary drinking water standard adopted by the department for fluoride, if certain conditions are satisfied. This bill would require the department to adopt regulations that require the fluoridation of the water of any public water system that has at least 10,000 service connections according to a prescribed schedule based upon the lowest capital cost per connection. Among other things, it would require the regulations to establish the minimum and maximum permissible concentrations of fluoride. This bill would provide that a public water system scheduled to fluoridate pursuant to the bill may comply with the applicable regulations at any time, but is not required to comply until funds sufficient to pay capital costs for the system have become available Eom any source other than the public water system itself. This bill would also exempt a public water system from complying with regulations adopted by the department in any year that funds are not appropriated iA>, or made available from sources other than the public water system itself, <A] for costs other than capital costs. The bill would provide that a public water system with less than 10,000 sen/ice connections may elect to comply with the fluoridation standards of the bill, It would require costs of compliance with the standards, compliance requirements, and regulations to be paid from the General Fund, upon appropriation by the Legislature. iA> This bill would require each public water system to provide the department with an estimate of anticipated total annual noncapital operations and maintenance costs related to fluoridation treatment by January 1 prior to the year in which the fluoridation treatment will begin. <Al The bill would also require the Attorney General to, upon request by the department, institute mandamus or othar appropriate procccdings in cases where the owner or operator of a public water system fails to comply with a regulation adopted pursuant to its provisions. This bill would permit the department to grant variances pursuant to existing law. By requiring the addition of fluorides to public water systems, this bill would impose additionaJ duties on local public entities that JUL-12-95 WED 11:14 CITY MANAGER'S OFFICE FAX NO, 805 324 1850 P, 08 ~ AB 733 (Citylink Download 7-12-95) Page 6 operate public water systems, thereby imposing a state-mandated local program. The CaJifomia Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by Uqe state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for specified reasons. Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes. THE PEOPLE OF THE STATE OF CAUFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 4026.7 is added to the Health and Safety Code, tO read: 4026.7. (a) In order to promote the public health through the protection and maintenance of dental health, the department shall adopt regulations pursuant to Chapter 3.5 (commencing with Section 11340) of Division 3 of 'rifle 2 of the Government Code, requiring the fluoridation of public water systems. [A> By July 1, 1996, each public water system with at least 10,000 services connections shall provide to the department an estimate of the total capital costs to install fluoridation treatment. <A] The regulations adopted by the department shall take effect on January 1, 1997. (bi The regulations shall include, but not be limited to, the following: (1) Minimum and maximum permissible concentrations of fluoride to be maintained by fluoridation of public water systems. (2) The requirements and procedures for maintaining proper concentrations of fluoride, including equipment, testing, recordkeeping, and reporting. (3) Requirements for the addition of fluorides to public water systems in which the natural level of fluorides is less than the minimum level established in the regulations. (4) A schedule for the fluoridation of public water systems w~ at JUL-12-95 WED 11:15 CITY MANAGER'S OFFICE FAX NO, 805 324 1850 P, 07 AB 733 (Cltylink Download 7-12-95) Page 7 least 10,000 service connections, based on the lowest capital cost per connection for each system, SEC. 2. Section 4026.8 is added to the Health and Safety Code, to read: 4026.8. (a) A public water system scheduled to fluoridate pursuant to paragraph (4) of subdivision (b) of Section ¢026.7 may comply with the regulations adopted by the department pursuant to that section at any time, but is not required to comply until funds sufficient to pay capital costs for the system have become available from any source other than the public water system itself. For any year that funds are not appropriated IA> or made available from any source other than the public water system itself <Al for the costs described in subdivision (g), a public water system shall not be required to comply with regulations adopted by the depazt~nent pursuant to Section 4026.7. (b) The department shall enforce Section 4026.7 and this section, and all regulations adopted pursuant to these sections, unless delegated pursuant to a local primary agreement. (c) If the owner or operator of any public water system subject to Section 4026.7 fails, or refuses, to comply with any regulations adopted pursuant to Section 4026.7, or any order of the department implementing these regulations, the Attorney General shall, upon the request of the department, institute mandamus proceedings, or other appropriate proceedings, in order to compel compliance with the order, rule, or regulation. This remedy shall be in addition to all other authorized remedies or sanctions. (d) Neither this section nor Section 4026.7 shall supersede subdivision (b) of Section 4027.6. (e) The department shall seek all sources of funding for enforcement of the standards and capital cost requirements established pursuant to this section and Section 4026.7, including, but not limited to, all of the following: (1) Federal block grants. [D> (2) General Fund moneys made available through program reductions. <DJ JUL-12-95 WED 11:15 CITY MANAGER'S OFFICE FAX NO. 805 324 1850 P, 08 .. AB 733 (Citylink Download 7-12-95) Page 8 [D> <DJ [A> (2) <A] Donations from private foundations. Expenditures from govemmentaJ sources shall be subject to specific appropriation by the Legislature for these purposes. (f) A public water system with less than 10,000 service connections may elect to comply with the standards, compliance requirements, and regulations for fluoridation established pursuant to this section and Section 4026.7. (g) Costs, other than capital costs, incurred in complying with this section and Section 4026.7, including regulations adopted pursuant to those sections, [D> shall <D] [A> may <Al be paid from the General Fund, [D> upon appropriation <DJ [A> subject to specific appropriations <A] by the Legislature IA> for these purposes. Each public water system that will incur costs, other than capitalization costs, as a result of compliance with this section and Section 4026.7, shall provide an estimate to the department of the anticipated total annual operations and maintenance costs related to fluoridation treatment by January 1 prior to the ye~ in which the fluoridation treatment will begin. <A] [A> (h) A public water system voluntarily complying with this section or Section 4026.7 may recover the costs of compliance through the fees it charges its members <A]. SEC. 3. No reimbursement is required by this act pursuant to Section 6 of Article XlIIB of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code. Moreover, no reimbursement is required by this act pursuant to Section 6 of Article XlIIB of the California Constitution because to the extent that this act imposes a mandated cost on public water systems, that cost is not reimbursable by the state because this act applies to public water systems generally, not just to public water systems owned or operated by local agencies. This finding is consistent with the decision in the case of County of Los Angeles v. State of California, 43 Cai. 3d 46. JUL-12-95 WED 11:16 CITY MANAGER'S OFFICE FAX NO, 805 324 1850 P, 09 AB 733 (Citylink Download 7-12-95) Page 9 Notwithstanding Section 17580 of the Government Code, unless otherwise specified, the provisions of this act shall become operative on the same date that the act takes effect pursuant to the California Constitution. END OF REPORT JUL-t2-95 WED 11:16 CITY ~hNhGER'S OFFICE FhX NO, 805 324 1850 P, 10 & AB 733 (Citylink Download 7-12-95) Page 10 SENATE COMMITTEE ON Appropriations HEALTH AND HUMAN SERVICES L~Duke Senator Diane E. Watson, Chairperson HEARING DATE: JUNE 21, 1995 STAFF ANALYSIS OF ASSEMBLY BILL 733 (SPEIER) AS AMENDED IN SENATE JUNE 14, 1995 SUBJECT Drinking water: Fluoridation. INTENT The intent of this bill is to reduce tooth decay among California children. ABSTRACT Existing law: Requires the Department of Health Services (DHS) to regulate drinking water and to establish standards for monitoring contaminants that may be hazardous to public health. DHS is required to adopt primary and secondary drinking water standards that ere at least as stringent as those adopted by the US EPA for contaminants, including fluoride. A primary drinking water standard is a regulation that protects human heaJth by specifying the maximum level of a contaminant that may be present in a municipal drinking water source, A secondary drinking water standard is not heaJth related, however it regulates the amount of any contaminant which may affect the taste, odor or appearance of water or otherwise adversely affects public welfare. Requires the Office of Environmental Health Hazard Assessment (OEHHA) within the Cai EPA to assess the risks to human health posed by each specific contaminant in municipal drinking water. OEHHA then determines the level of the contaminant to which humans can be exposed without incurring significant health risks. The "no significant risk' level established for each contaminant is called its "Recommended Public HeaJth Goal.' Requires DHS to adopt a "Maximum Contaminant Level" (MCL) for each contaminant for which a Recommended Public Health Goal is established. The MCL must be based on the Recomm~ded Public Health Level but may be less JUC-12-95 ~ED 11:17 CITY ~A~AGER'S OFFIOE FA)( ~0. 805 324 1850 P, II __ AB 733 (Citylink Download 7-12-95) Page 11 stringent under specified conditions. This bill would: Direct DHS to adopt regulations that require the fluoridation of all public water systems that have at least 10,000 service connections. Requires these regulations to include: a minimum and maximum permissible concentrations of fluoride; procedures for maintaining proper concentrations of fluoride, including equipment testing, recordkeeping and reporting; and a schedule for the fluoridation of individual public water systems based on the size of the system and the population being sewed. Permits a public water system required to fluoridate pursuant to the provisions of this bill to comply with the regulations adopted by DHS at any time. but the requirement to comply may not be enforced until sufficient funding to pay the capital costs for compliance is available from any source other than the public water system itself. Requires costs of compliance with the standards, compliance requirements and regulations be paid from the General Fund, upon appropriation by the Legislature. Exempts a public water system from complying with regulations adopted by the department in any year that funds are not appropriated for costs other than capital costs. Specifies DHS enforce these provisions unless such authority is clelegated pursuant to a local primary agreement. Permits the Attorney General, upon request of DHS. to institute mandamus proceedings or other appropriate proceedings, in order to compel compliance with these provisions upon reticent owners or operators of public water systems. FISCAL IMPACT Undetermined. DHS is currently evaluating the costs of a fluodde mandate to public water supplies. Preliminary. yet unofficial, estimates ate that initial capital costs on a statewide basis are projected to be in the range of up to $45 million, while annual cumulative operating costs are projected to be up to $15 million. The sponsor estimates a savings to the public/private dental sector of approximately $30 million. BACKGROUND AND DISCUSSION Fluoridation of public ddnking water historically has been one of the most JUL-12-95 WED 11:17 CITY llANAGER'S OFFICE FAX NO, 805 324 1850 P, 12 AB 733 (Citylink Download 7-12-95) Page 12 emotional and disputed public policies. For the past fifty yeas the issue of fluoridation has been passionately debated, but the debate has been intermittent. Fluoridation of drinking water has been hailed as the cheapest, safest, and most effective way to reduce tooth decay in children by the American Dental Association. the American MedicaJ Association, the World Health Organization and many established scientific bodies who all have endorsed fluoridation. Yet the product is vehemently opposed by numerous individuals and organizations. Current practices Until 1986, the California procedures for regulating contaminants in drinking water were analogous to those followed by the federal EPA under the federal Safe Drinking Water Act. However. DHS has chosen to continue to regulate fluoride concentrations in drinking water using the pre-1986 standards varied for each community depending on average dally maximum temperatures. This could range from 1.4 ppm in localities with average high temperatures above 79,3 degrees F to 2.4 ppm in areas with average high temperatures below 53.7 degrees F, California standards are more stringent than the EPA fluoride standards of 4 ppm for primary drinking water and 2 ppm for secondary drinking water because it is believed that dental fluorosis (defective or incomplete enamel formation developing mottled or stained teeth) is a health related condition rather than an aesthetic problem. California ranks 47th in mandating fluoridated water supplies currently fluoridating 17 percent of its water supply. As part of the strategy to achieve the Oral Health 2000 goal of fluoridated water supplies available to 75 percent of the U.S. population the Center for Disease Control, (CDC) has sent an advisor in oral health to CaJifomia. Department of Health Services requested this advisor more than a year ago to help develop strategies to promote fluoridatii3n in California communities, The plan is to assess those characteristics of individual communities to determine the most effective strategies to promote fluoridation and also pinpoint groups that will support fluoridation, such as dental organizations, social service agencies and civic organizations. As a result of this effort the sponsor and the many supporters of this bill would mandate fluoridation in California's public water system with an ultimate goal to decrease dental caries and present a cost-savings factor to taxpayers of approximately $80 million with cumulative effects of $160 million annually. Opponent~ Perspeot/ve JUL-12-95 WED 11:18 CITY MAI, IAGER'S OFFICE FAX NO, 806 324 1850 P. I3 ..... AB 733 (Citylink Download 7-12-95) Page 13 Opponents believe that thece are definite distinctions between the fluodde used for testing and that which is applied to the water systems. Fluoride in water is measured by fluorine ion levels and not by type or grade of fluoride. A fluorine ion is the only thing sodium fluoride and fluorosilicic acid have in common and fluoride research is basically performed with a pharmaceutical grade of sodium fluoride under controlled conditions and with distilled or deionized water. Thus this research does not reflect or take into account fluoride blends that occur when fluorine ions react with water treatment chemicals, nor does the research address lluorisilicic acid which is the most used agent for fluoridation. The Clinical Toxicology of Commercial products handbook indicates that undiluted fluoride is more poisonous than lead and just slightly less poisonous than arsenic. It is an accumulative poison that remains in the bone over the years. According to the Physicians Desk Reference, 'in hypersensitive individuals, fluorides occasionally cause skin eruptions such as atrophic dermatitis, eczema, gastdc distress, headache, and weakness. These hypertensive reactions usually disappear promptly after discontinuation of the fluoride." From 1990 to 1992, the journal of the American Medical Association published three separate articles including increased hip fracture rates to fluoride in the water; a 6-8% increase in the elderly and menopausal women, the highest rate of hip and other fractures in the world. In the March 22, 1990 issue of the New England journal of Medicine, Mayo Clinic researchers reported that fluoride treatment of osteoporosis increased hip fracture rate and bone fragility. A study by Procter and Gambel showed that as little as half the amount of fluoride used to fluoridate public water supplies resulted in a sizable and significant increase in genetic damage. Political His ton: In 1975, Assemblyman Art Torres and Richard Natorre opposed a fluoridation proposition on the ballot to fluoride Los Angeles. Questions arose on the fluoridation for minorities who often are underprivileged and on inadequate diets. The Ama'ican Preventive Medical Association has reported that even 1 ppm found in artificially fluoridated war, can inhibit 32 enzyme systems, damage the immune system, contribute to calcification of soft tissues, worsen arthritis and cause dental fluorosis (unsightly white, yellow or brown spots found in teeth) in children. In 1993, the Subcommittee on HeaJth Effects of Ingested Fluoride of the National Research Council admitted that 8% to 51% and sometimes up to 80% of the children living in fluoridated areas have dental fluorosis. In 1976 $8 211 (Beilen~on) we introduced to authorize &3t million JUL-12-95 NED 11:19 CITY I'I~N~GEE'S OFFICE FP, X NO, 805 324 1850 P, 1,4, _ AB 733 (Citylink Download 7-12-95) Page 14 initiate fluoridation, however, the bill did not cover yearly costs for operation nor added personnel which would have been a permanent expense to California taxpayers. SB 211 failed passage in the Senate Finance Committee. Proponents Perspective However, the proponents state that many of the studies reported above i~ave not been subjected to peer review or that they did not take into account any other risk factors and thus their validity remains in question. The 1991 report 'Review of Fluoride- Benefits and Risks' from the U.S.P.H.$. contains the most valid of all documented information and research in that fluoride reduces dental caries and remains to be safe in the regulation of fluoridation of community water supplies. According to the U.S. Department of HeaJth and Human Services, small amounts of fluoride have been added to drinking water supplies for almost a half a century in thousands of communities and cities in the United States with dramatic effects. National surveys of oral health dating back severn decades document continuing decreases in tooth decay in children, adults, and senior citizens in communities where the public water supplies maintain the recommended levels of fluoride. The department states that a recent comprehensive Public Health Services review of the benefits and potential health risks of fluoride Ilas concluded that the practice of fluoridating community water supplies is safe and effective. The U.S. Surgeon General and the Assistant Secretary of Health in July of 1992 ~'eported. "The optimum standard for the success of any prevention strategy should be measured by its ability to prevent or minimize disease. ease of implementation, high benefit-to-cost ratio, and safety. Community water fluoridation to prevent tooth decay dearly meets this standard. For almost half a century, small amounts of fluoride have been added to drinking water supplies in thousands of communities and cities in the United States with dramatic effects. One of the great advantages of community water fluoridation as a disease prevention measure is that it does not require conscious behavior by Individuals in order for them to realize benefits..The U.S. Public Health Service continues to recommend the fluoridation of community water supplies where naturally occurring fluoride levels are deficient .... COMMENTS Numerous organizations and Individuals state that we should no longer be quibbling about whether fluodde becom~-~ toxi~ at ~ ppm or 2 ppm. or whetfler JUL-12-95 WED 11:19 CITY MANAGER'S OFFICE FAX NO, 805 324 1850 P, 15 AB 733 (Citylink Download 7-12-95) Page 15 the possible saving of .8 of one tooth surface over a seventeen-year period is worth the risk of possible skeletal fluorosis or cancer. An overwhelming majority of these maintain that implementation of sound nutritional principles removal of pollutants that reduce natural immunity, and the guarantee of appropriate health education may prove more effective in resolving the problems of tooth decay along with many other modem degenerative diseases. Further, a large number of people believe that mandating fluoridation in California eliminates freedom of choice and statewide mandated fluoridation would be invoked for all citizens to ingest what dentists say is good for us. Many dfizens state that fluoridation to simply decrease dental caries carries a risk factor much too great to acknowledge and approve POSITIONS Support: American College of Obstetricians and Gynecologists California Association of Hospitals and Health Systems California Conference of local Directors of Health Education California Congress of Parents. Teachers, and Students, Inc. California Dental Hygienists Association Califomi& Dental Association California Chamber of Commerce California Medical Association California Public Health Association. North California School Nurses Organization Century Dental Plan Children's Advocacy Institute Children NOW Colusa County Office of Education Children's Services County of Sacramento Department of Health and Human Services County of San Mateo Health Services Agency County of San Luis Obispo health Agency Dental Health Foundation Director of Dental Hygiene. West Los Angeles College Maternal Child and Adolescent Health Advisory Board Older Women's League Planning and Conservation League San Diego County Dental Society Santa Rosa Public Hospital $1~asta Community Health Center JUL-12-95 ~ED 11:20 CITY MANAGER'S OFFICE FAX NO, 805 324 1850 P, 18 AB 733 (Citylink Download 7-12-95) Page 16 Sonoma County Indian Health Project, Inc. Southern Alameda County Dental Society Southern California Public Health Association Tokama County Health Agency Ventura County Public Heath Youth law Center 45 Individuals Oppose: American Herbalists Guild American Preventive Medical Association Association of California Water Agencies Axiom Counseling Team (ACT). Riverside. CA CaJifomia Association of Natumpathic Physicians (CANP) California Citizens for HeaJth Californians for Safe Water California Municipal Utilities Association California Naturopathic Association FANE (Foundation for the Advancement of Nutritional Education) Health Alliance International, Fluoridation Information Specialist. Walter Miller IAAHM (international Academy of Alternative Health and Medicine) International Academy of Oral Medicine and Toxicology National Association of Citizens for Health National Association of Naturopathic Physicians (NANP) National Nutritional Foods Association New York State Congress of Parents and Teachers, Inc. Pure Food Campaign. Riverside. CA Radiant Health Resources Safe Water Association, Inc., Fond du lac, WI Safe Water Coalition, Inc. Smith Welding. Hartford, CA Sibo Tool & Die Co.. Redwood City, CA Thermalito Irrigation District 256 Individuals END OF REPORT June 1995 9, Gene Bogart, Manager Water and Sanitation City of Bakersfield 1501 Truxtun Avenue I am writing to request your assistance in the removal of an old fence that creates a potential safety hazard to equestrians on the trail below the bluffs. I had contacted the City but understood that area was County jurisdiction. I then called Joel Heinrichs, then of Resource Management Department, who researched the area in question. It is my understanding that he then had a conversation with you and you were the one I should contact. If this is not so, please let me know who I should see. The section I am referring to is just east of Rancho Rio Stables along the Kern River to the area where the trail turns south. At one time the fence was erected to separate the cattle grazing in that area from the equestrians on the trail. Since then that area has been developed and the landowners have placed pole fencing designating the extent of their property at the edge of the equestrian easement. Through construction the wire fence has been taken down and put back up a number of times by the adjacent property owners until now it is in ill repair and stands in the middle of the easement, of no positive usefulness to anybody. In fact its condition is a potential safety hazard for horses. In addition, I feel the property owners would also benefit from its removal as the area would be better used and more aestetically pleasing. Mike Palmer of your staff is aware of this area and has offered to assist in the removal of the fence. Please let me know if this is possible and if our assistance is needed in any way in the removal of this fence. Thanks for your continued support in our endeavors to make the trails a safer place for equestrians. Sin..qerely, 5025 Panorama Drive dUN Bakersfield, CA 93301 CITY OF WATER RESOURCES m .E.P.T. KEPT SUMMER 1995 NEWS UPDATE SUMMER BREAK! There will be no Board Meetings the months of June and July. We will~ reconvene on August 15th, 7:30 pm at 5025 Panorama Drive. Committees will continue their work throughout the summer on the issues summarized below. If there are any issues you would like to be involved in please call the Chairperson of that committee. TIE RAILS- PANORAMA PARK KEPT members Marci Cunningham and Carolyn Belli met with Kern County Parks Director Bob Addison and his assistant JerrY Gelock on May 30th to discuss placement of two eight foot tie, rails to be installedat Panorama Park, one, midway, near the drinking fountain and the other on the east side of the parking lot, across from the convenience store. A letter has been written to the Parks Commission for approval at their meeting on June 22, 1995, 6:00 pm at the Parks and Recreation Department Building, 1110 Golden State Avenue. Members are encouraged to attend that meeting to support KEPT in our request. Assuming permission is forthcoming, the tie rails will be installed by member John Thompson shortly thereafter. FIVE STAGING AREAS TO BE CONSIDERED The Bakersfield City Trails Technical AdvisorY Committee, a sub-committee of the Planning Commission will be bringing a proposal before the Planning Commission meeting of June 15, 5:30 pm at City Hall for approval of a trail standard and five staging area sites west of highway 99 along the Kern River. Four of the proposed sites are on city owned property: one on the north side of the river at the future Mohawk road extension; one near Nord Road, one between Nord and Greeley roads near the S.P. Railroad Tracks and one near Enos Lane. There is one additional proposed site at Coffee Road. Again, members are encouraged to attend this meeting to support KEPT on this issue. Members Carolyn Belli, Betsy Teeter and Marci Cunningham represent KEPT on the BTTAC. TRAILS IDENTIFICATION UNDERWAY In March 1994, the County Board of Supervisors approved the concept of KEPT working with the county Planning Department, Parks Department and KERNCog to identify for board, approval a specific traits plan from Manor Drive to the Kern River Golf Course. Currently, Chairman Marci Cunningham and Co-Chair Betsy Teeter are identifying property °wners along the river in the vacinity of the traditional trail. After identification is complete, Glen Barnhill of Planning Department will call a meeting of the departments and KEPT to coordinate with 'the goal of preparing a specific trails document for the Board of Supervisors' approval. CONSTRUCTION ON FIRST STAGING AREA TO BEGIN 'The trail system from Allen Road at Goose Lake Slough down to and along Stockdale Highway to the one acre improved staging site at the Cross Valley Canal, part of a condition for the' Castle and Cooke proposed development along the river between Calloway Road and Allen Road will soon be underway. This staging area will include pull in and out parking for 9 truck/trailers, trees, tie rails and picnic tables. We are anxious for the completion of our first improved ,staging area and will plan a special day around its completion. WA TER AGENCY TO CONSIDER EASEMENT REQUEST KEPT will be before the Kern County Water Agency Board of Directors at their meeting on June 22 at 6:00 pm to reqa'est a permanent easement across the Cross Valley Canal at Stockdale Highway. The eaSement is vital to provide access across the canal to the Kern River Parkway and miles of trails for equestrians living north of the canal as well as those staging at the Castle and Cooke staging area. Member participation is encouraged. EQUESTRIAN BRIDGE PLANNED The Kern River Parkway Foundation, in conjunction with KEPT is planning a trail improvement just west of the Manor Drive Bridge on the south side of the river. Plans include a bridge to traverse the channel that brings water from the canal to the south to the river. Gradingthe trail as well as tree planting and possibly a picnic area are also being considered. Funding for this proposed project is through Kern River Parkway Foundation and designated for equestrian improvements. YOUR sUPPORT IS VITAL TO OUR SUCCESS KEPT is a non profit organization. We rely on the sale of our t-shirts at $15 each and participation in our annual poker rides as well as donations from individuals or business that support us. KEPT has accomplished many improvements for equestrians to preserve trails for our future generations. We welcome all donations...they can be mailed in care of KEPT to 5025 Panorama Drive, Bakersfield California 93308. We appreciate your continued support. K.E.P.T. KERN EQUESTRIANS FOR PRESERVATION OF TRAILS MISSION STATEMENT: THE KERN EQUESTRIANS FOR PRESERVATION OF TRAILS tS ESTABLISHED TO PROVIDE SOLIDARITY AMONG EQUESTRIANS, TO NETWORK WITH AND REPRESENT EQUESTRIAN ORGANIZATIONS AND INDIVIDUALS ON ISSUES RELATING TO TRAIL SAFETY, PRESERVATION AND EDUCATION. GUIDELINES: · MEET ON SECOND TUESDAY OF EACH MONTH · MEMBERS INCLUDE REPRESENTATIVES FROM KERN COUNTY TRAILS TECHNICAL ADVISORY COMMITTEE, BAKERSFIELD CITY TRAILS TECHNICAL ADVISORY COMMITTEE, KERN RIVER PARKWAY COMMITTEE, CALIFORNIA STATE TRAILS COMMISSION, VARIOUS EQUESTRIAN ORGANIZATIONS AND STABLES. · LOBBY CITY AND COUNTY GOVERNMENT AS NECESSARY TO ACHIEVE GOALS. GOALS: TO WORK WITH CITY, COUNTY AND DEVELOPERS TO DEFINE, PRESERVE AND IMPROVE EQUESTRIAN TRAILS IN KERN COUNTY. · TO ACQUIRE PERMANENT DEFINED TRAILS WITHIN THE KERN RIVER PARKWAY. · TO ACQUIRE PERMANENT DEFINED TRAIL CORRIDORS FROM RURAL EQUESTRIAN AREAS TO THE KERN RIVER. · TO PLACE SIGNAGE IN AND NEAR EQUESTRIAN TRAILS TO CAUTION AND EDUCATE NON EQUESTRIANS RELATIVE TO HORSE TRAFFIC. · TO SPEAK TO GROUPS ON EQUESTRIAN MENTALITY AND SAFETY. · TO DEVELOP AN EQUESTRIAN MEMBERSHIP L I ST · TO DEVELOP AND DISTRIBUTE A NEWSLETTER TO MEMBERS REGARDING CURRENT EQUESTRIAN ISSUES. FOR FURTHER INFORMATION REGARDING KEPT CALL 872-3569 I I I I I ITEM 7).A. I GOVERNMENT CODE 54956.9(b)(1); CONFERENCE WITH LEGAL I COUNSEL - ANTICIPATED LITIGATION. SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO i SUBDIVISION (b) OF SECTION 54956.9. 1 I I 1 1 I I 1