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Home My WebLink About01/19/05City of Bakersfield Water Board Meeting of January 19, 2005 Water Resources File Packet B A K E R S F I E L D WATER BOARD David Couch, Chair Harold Hanson Zack Scrivner CITY OF BAKERSFIELD WATER BOARD MEETING Wednesday, January 19, 2005 - 2:00 p.m. Water Resources Building Conference Room 1000 Buena Vista Road, Bakersfield, CA 93311 AGENDA 1. CALL MEETING TO ORDER 2. ROLL CALL 3. MINUTES A. Minutes of the December 7, 2004 special meeting for approval - For Board Review and Action 4. ELECTION OF WATER BOARD VICE-CHAIR 5. PUBLIC STATEMENTS 6. KERN RIVER LEVEE DISTRICT No Report 7. REPORTS A. Kern River Operations Report - For Board Information 8. OLD BUSINESS A. Domestic Water Mainline Extension Refund contract re-assignments - For Board Information 9. NEW BUSINESS A. Letter received from Kern County Farm Bureau conceming Buena Vista Lake Shrew - For Board Information WATER BOARD AGENDA PAGE 2 JANUARY 19, 2005 9. NEW BUSINESS. continued B. Resolution No. 01-05 of the City of Bakersfield Water Board endorsing application for an Urban Streams Restoration Program grant for the Kern River Parkway designating signatory and proJect manager of the City of Bakersfield for a re- vegetation project along the Kern River between 24th Street and Chester Ave. - For Board Review and Action C. Resolution No. 02-05 of the City of Bakersfield Water Board endorsing application for an Urban Streams Restoration Program grant for the Kern River Parkway designating signatory and proJect manager of the City of Bakersfield for project to eradicate exotic and invasive plants from the Kern River - For Board Review and Action 10. MISCELLANEOUS 11. WATER BOARD STATEMENTS 12. CLOSED SESSION A. Conference with Legal Counsel - Existing Litigation. Closed Session Pursuant to Govemment Code Section 54956.9(A) North Kem Water Storage Distdct vs. Kern Delta Water District, et al, TulareCounty Superior Court Case No. 96-172919 13. ADJOURNMENT ~at~r R~our¢~ M~,nag~r POSTfiD: Januar~ 14, $:\WB MINUTES 200$\WBAGEND,~anl00$.do¢ Water Board Meeting January 19, 2005 3. MINUTES A. Minutes of the December 7, 2004 special meeting for approval - For Board Review and Action MINUTES OF THE SPECIAL MEETING OF THE WATER BOARD - CITY OF BAKERSFIELD Wedndsday, December 7, 2004 - 4:00 p.m. Water Resources Building Conference Room 1000 Buena Vista Road, Bakersfield, CA 93311 1. CALL MEETING TO ORDER The meeting was called to order by Chairman Salvaggio at 4:00 p.m. 2. ROLL CALL , Present: Chairman Salvaggio, Vice Chairman Couch, Member Hanson Absent: None 3. MINUTES A. Minutes of the October 14, 2004 special meeting for approval. Motion by Hanson to approve the minutes. APPROVED 4. PUBLIC STATEMENTS None. 5. KERN RIVER LEVEE DISTRICT No Report 6. REPORTS A. Kern River Operations Report Steve Lafond, Hydrographic Supervisor gave a brief update. No action taken. 7. OLD BUSINESS A. Update on Request to Kern County Water Agency for Treated Water to Serve Northwest Bakersfield :. i, Florn Core, Water Resources Manager, gave a brief update. No action taken. Bakersfield, California, December 7, 2004 - Page 2 8. NEW BUSINESS A. Water Supply Assessment for Gosford-Panama D~velopment. Project. Mark Lambert, Water Resources Superintendent, stated the State requires a water supply assessment for all new development that has over 500 dwelling units. A Water Assessment for Gosford-Panama Development Project has been prepared and submitted to the Water Board. This area is currently in the annexation process. Motion by Hanson to approve the Water Supply Assessment for Gosford- Panama Development Project. APPROVED B. Amendment No. 5 to Agreement No. 99-334 with Duane Morris for legal services in the matter of North Kern Water Storage District vs. Kern Delta Water District. Motion by Couch to approve Agreement No. 99-334(5) and forward to the City Council for approval. APPROVED C. Resolution amending the Boundaries of the Domestic Water Service Area. Motion by Couch to approve the resolution and forward to the City Council for approval. APPROVED 9. MISCELLANEOUS A. Proposed Water Board meeting calendar for 2005. Florn Core suggested the possibility of changing the time of the Water Board Meeting to 12:00 noon or 1:00 p.m. Water Board members agreed to change the time. It will be further discussed. Motion by Couch to adopt the 2005 Water Board meeting calendar. APPROVED B. Presentation by Vice-Chair David Couch David Couch, Water Board Vice-Chair, presented a Plaque of Appreciation to Water Board Chairman Mark Salvaggio for his service from March 2, 1988 to December 7, 2004, on the City of Bakersfield Water Board. This will be Mark SalVaggio's last Water Board Meeting due to his retirement. Florn Core, Water Resources Manager, presented to Water Board Chairman Mark Salvaggio an appreciation cake for his service to the Water Board. Mark Salvaggio stated he has enjoyed working with staff and colleagues and thanked everyone. Bakersfield, California, December 7, 2004 - Page 3 10. WATER BOARD STATEMENTS David Couch congratulated Mark Salvaggio on his retirement and expressed appreciation for his service. Harold Hanson expressed appreciation to Mark Salvaggio. 11. CLOSED SESSION Motion by Couch to recess to Closed Session at 4:35 p.m. A. Conference with Legal Counsel - Existing Litigation. Closed Session Pursuant to Government Code Section 54956.9(A) North Kern Water Storage District vs. Kern Delta Water District, et al, Tulare County Superior Court Case No. 96-172919 Motion by Salvaggio to adjourn from Closed Session at 5:04 p.m. Chairperson Salvaggio stated there was no reportable action taken in Closed Session. 12. ADJOURNMENT ~..' Motion by Hanson to adjourn the meeting at 5:06 p.m. David Couch, Vice - Chairman City of Bakersfield Water Board Bobbie Zaragoza, Secretary City of Bakersfield Water Board 0 Water Board Meeting January 19, 2005 4. ELECTION OF WATER BOARD VICE-CHAIR Water Board Meeting January 19, 2005 6. KERN RIVER LEVEE DISTRICT No Report Water Board Meeti.ng January 19, 2005 7. REPORTS A. Kern River Operations Report - For Board Information KERN RIVER BASIN SNOWPACK ACCUMULATION EIGHT SENSOR INDEX January 13, 2005 40.0 ,, ,, 1997-1998 ', ' 242% A-J 35.0 ,, 1996-1997 I ' 122% A-J ', 30.0 , Average ,-.--c''='~'°e 25.0 .............. 100% of April 1 Average ' .............. ! I--- " ~ , .~ 20.0 .......................... · ,' o 12004-2005 ' 0 1999-2000 ~ 65% A-J ~ ', ~ 15.o .......................... 2001-2002 46% A-J ' ' I ' ' 1998-1999 2003-2004 , 48% A-J , 54% A-J '! - ......................... 0.0 November December January February March April Snowpack Accumulation Season CITY OF BAKERSFIELD WA TER RESOURCES DEPARTMENT ISABELLA RESERVOIR DALLY OPERATIONS REPORT (All readings are for date of report (TH U RSDAY) as of OOOl, except as noted.., cfs in italics) Date of Report: January 13, 2005 ISABELLA RESERVOIR 2550.63 Lake Elevation (ft.) 117778 Storage (AcFt) + 3349 Change (AcFt) 2255 Inflow to Isabella (cfs) 2 568075 Storage Capacity 21% % of Capacity 155795 Normal Storage 76% % of Normal Storage For this Date 3 4651 Average Lake Area (Acres) 33029 Inflow (Month AcFt) 9241 Outflow (Month AcFt) 4 1259 North Fork Mean 977 North Fork @ 0600 Hours 76571 Accumulative Inflow (2005 Water Year) 5 565 Mean Outflow 549 Borel Canal 16 Main Dam Outlet 53737 Accum. Outflow (WY) 6 572 Outflow @ 0600 556 Borel Canal @ 0600 Hours 16 Main Dam Outlet @ 0600 Hours Hours 7 2 Lake Evap. (cfs) 0.01 Inches Evap. for 24 Hours 95 Lake Evap. (Month AcFt to Date) 8 0 Spillway Discharge for 24 Hours 270 South Fork near Onyx @ 0600 Hours PRECIPITATION AND TEMPERATURE 9 0.01 Inches of Precipitation at Isabella for 24 Hours 5.69 Inches of Precipitation at Isabella for Month 10.82 Seasonal Precip. Isabella 4.21 Normal for 257% Isabella Precip. (Season: Oct 1 through Sep 30) this Date % of Normal 1 0.00 Inches of Precipitation at Pascoe for 24 Hours 17.40 Inches of Precipitation at Pascoe for Month 2 31.60 Seasonal Precip. Pascoe 14.06 Normal for 225% Pascoe Precip. this Date % of Normal 3 21.9 Upper Tyndall Creek 29.8 Pascoe 30.8 Wet Meadow 4 35 Isabella Maximum Temperature 0.85 Isabella Max. Precip. on Record For this Date 1980 Year of Occurrence 5 32 Isabella Minimum Temperature 69 24 HourWind Movement (Miles) NATURAL RIVER FLOW 16 2423 Natural Flow (cfs) 34626 Natural Flow (Month to Date) 34626 2005 Jan-Mar Runoff 7 569 Mean Flow 426% Natural Flow 386 Median Flow 628% Natural Flow For this Date in % of Mean For this Date in % of Median 8 12622 Max. on Record 164 Min. on Record 78942 Accum. Natural Flow (Water Year) 9 1980 Year of Occurrence 1963 Year of Occurrence 20 709 First Point Flow 10790 First Point (Month to Date) 56060 Accum. First Point (Water Year) KERN RIVER FACTS & FIGURES: ~¢, · Ohe frequency of floods on the Kern River in the vicinity of Bakersfield has been reduced significantly by the operation of Isabella Reservoir. Under this condition of river control, a flow of about 15, 000 cubic feet per second at First Point of Measurement could be expected Produced by City of Bakersfield about once in 100 years, on the average. A flow of about 10,000 cubic feet per second at Water Resources First Point of Measurement could be expected about once in 50 years, on the average. (661) 326-3715 KERN RIVER NATURAL FLOW, REGULATED FLOW, & ISABELLA RESERVOIR STORAGE 2004 - 2005 WATER YEAR 5000 600,000 2608.25 Ft.) 4750 .................................... ............................ ~ ...................... . 550,000 4500 .......................................................... ~' ....................................... 2603.91 Ft.) 4250 500,000 4000 2599.38 Ft.) Natural Flow ' '~i 450,000 3750 ............... :~ ~i -~. ,~:,~ 2594.62 Ft. ) 3500 ............................. ~ ~ ,,~:, ....................................................................... ' Normal 400,000 ~c~ 3250 ,~ Isabella Storage Z - -. ....... 7 ............ , ....... ; ................................. . ........ 7 ...... ...... , ....... 2589.60 Ft.)l~ ~ 3000 ---' ............... ........ '- .................... : ........................ -' ................... ' ...... 350,000 ~ 2584.27 Ft.} O ,,,n' 2750 a. 2500 ................ :. - - ....... . ..... .....:.- ......... : ......... . ........ : ......... : ...... · ........ 300,000 _ I- 2578.53 Ft.) ~,~ ,,"~ 2250 ..................................... . ..... ~ ............... ..... ; ................ - ~--.- ......... 250,000 0 2000 Z572.24 Ft.) ~ 8 1750 200,000m;7' 1500 -- :~ ....... : ........... -, ............. .... :7 ....... .......... -'~ ....... ': ........... J'-,- .... 2565.18Ft.);~ 1250 ......... ~- ........ - ................ 2-0-0-4:2- 0-0- 5- .................. , .................. 150,000 2556.94 Ft.) 1000 100,000 750 2546.63 Ft.) 500 ...................... '~ .... ............... ': ................ ..... -"- .............. ' ................ · ,"~ .... 50,000 250 _ __ ~_eg_u~l.ate_d Flow .. .. , 2531.65 Ft.) Oct-04 Nov-04 Dec-04 Jan-05 Feb-05 Mar-05 Apr-05 May-05 Jun-05 Jul-05 Aug-05 Sep-05 1-t3-05 Water Board Meeting January 19, 2005 8. OLD BUSINESS A. Domestic Water Mainline Extension Refund contract re-assignments - For Board Information ..... ' '" ' MAINLINE EXTENSION REFUND AGREEMENT · .,, W^TER RESOtmCES DEP mENT- DOMESTIC W^mt . . :..:.....,.?... The undersigned hereby assigns to: ':': ...... Michael Billat and Ga¥1e Billat, J.T.W.R O.S. · .: -' .'... 2755 Placer St Santa Cruz, CA 95062 ~ :i':::?ii'"ii :.:: ii:' all of its fight, title and interest in and to the following described Water Extension .... · ;:-:. Agreement: '.. '.j : '. !: .'..~..' .... With: City of Bakersfield Dated: 12/30/1993 · .... ..... For Water facilities: 93-12 WB Tract 5445, Phase III '" '..:.' ":' :"~.."ii"i:.'.'ii" Amount of deposit: $31,907.50 :.;~':' '. '" ? ;)..: '!?'. Balance of deposit: $23,132.91 :'., 5" .. '.... Number of services: · NA "' .... ":: "'?"': :" :'~ ':' Number of hydrants: NA basis, 2 ~ percent of the deposit to install facilities in compliance with Section C(2) of the Main Extension Rule, which is within the General provisions and definitions of said roles. ....... The undersigned warrants that it is the owner(s) of said agreement free and clear ..... of all claims, liens or encumbrances, and agrees to defend and hold the assignee harmless .' i .. ~'" of and fi.om all costs or claims arising out of any violation of this provision. '. ..... .,.,. Ac~~:~Company · ' ."':.';';' "-3':':i; By: _,~_. ~_/.l~ ~ ---- Dated: ' ;': '"':'~:. ' l~[r~nt"lq~rguizian, Manager ...... Accepted: Michael Billat and Gayle Billat, J.T.W.R.O.S.. · .. · ' t Gaylclq~l~at, Assignee Acc~ted: Ci~ of Bakersfield By: Dated: '- ' ' ......'.' ...... MAINLINE EXTENSION REFUND .:... . .. ~ .... .:. AGREEMENT .!?.i"? crr¥ oF B RSFIE .D .. ~ ~ '.' i . .':ii :/.'..?:'!.ii''I WATER RESOURCES DEPARTMENT - DOMESTIC WATER . · . ..... .:.. P.O. Box 27170, Scottsdaie AZ 85255-0136. ?il.'?!i:'i.! i ii: ill ;' ill/i With: City of Bakersfield . For Water facilities: 93-12 WB Tract 5445, Phase III , Balance of deposit: $23,132.91 ~i'" ?i ':. :~ ': i. :":':i":~' ~.," Number of services: NA ~ :":;.":".:':.. '.. i:'",.~'~"'"i ' i: ~i'i'i''':~''. '~ :.i'. '~'~'~. ".':.':!"' Number of hydrants: NA ../. ~:' :.: '.'" 'i'.': .' i!!.'.i '.:"i," ' .. ' .' 'i .'~ '..!i' Refund basis: The exclusive right to receive from the City of Bakersfield, on an annual ' :"' "' :' basis, 2 V2 percent of the deposit to install facilities in compliance with Section C(2) of ':""" ' ":'"' "' ': the Main Extension Rule, which is within the General provisions and definitions of said · r es. !. i'i' :/.':' .:' :i.' .'"".' .i'. :.:~. ?.': The undersigned warrants that it is the owner(s) of said agreement free and clear · :~:.'..'... -i.i.: ~'.'~. :i i'" ?' of all claims, liens or encumbrances, and agrees to defend and hold the assignee harmless of and from all costs or claims arising out of any violation of this provision. ii.: ...i.." .:' "..i:.::i. :.i'i.".'.: ' JAMS, LP, A California Limited Partnership .. "'~" "'?' ~:.... :.. .... .:. By: ~.' .. '. ~..:..~. ~ j thorize Signor · '." ;" :." ..':i.' ~ ,.'. :..". :...':'..:~'.i'i" Neptune Coml~any ..... , :....".i ....:~.: '..". ' ..'..' ;...i '..:. Br~ht Nergmz~an, · 'i! '.'~. ':. ',....".'./'..." :' ....... City of Bakersfield "). "!'? ),..:.'~' :.i.:' "~.' '' i :..: MAINLINE EXTENSION REFUND ' AGREEMENT · . ?" .' :i'.':'?'".:?';'::!'" WATER RESO CES DEP TM .NT- DOMESTIC WATER :'... ". '. ~.. :. '.'.i ?';.~. The undersigned hereby assigns to: :i . P.O. Box 27170, Seottsdale AZ 85255-0136. ,'/. :...'-71../..~'.'.".??..:.'7~!.of its right, title and interest in and to the following described Water Extension Agreement: With: City of Bakersfield · For Water facilities: 92-12 WB Tract 5445, Phase I Amount of deposit: $11,083.15 Number of hydrants: NA '.:,.; :(l i i i. lii"I Refund basis: The exclusive fight to receive from the City of Bakersfield, °n an annual .i i':i:'".' basis, 2 ½ percent of the deposit to install facilities in compliance with Section C(2) of the Main Extension Rule, which is within the General provisions and definitions of said rules. The undersigned warrants that it is the owner(s) of said agreement free and clear of all claims, liens or encumbrances, and agrees to defend and hold the assignee harmless of and from all costs or claims arising out of any violation of this provision. Accepted: JAMS) LP) A California Limited Partnership Jolm,~2'urci, Authorized Signor Accepted: '" i ':' i ' Brent Nerguizian, Authorized Signor · . .'. '.. .....' .'' AGREEMENT ." ?i.J "i ::.'i": i~. i" CITY OF BAKERSFIELD . '...):..:.: ..' .:.:....? :~ .' WATER RESOURCES DEPARTMENT - DOMESTIC WATER · '......'.(. !~ ':'.':. !:.,' .: · :' '"/' !:;':~.' ":. The undersigned hereby assigns to: ..... Neptune Company Asset Holdings :~,i' '" . P.O. Box 27170, Scottsdale AZ 85255-0136_ "' "' ' ~ '":' "'" "':' all of its right, title and interest in and to the following described Water Extension Agreement: i:'i'.'": :,~".:.!i":::. :i; i.?!!'i :'::i':'"; i": With: City of Bakersfield .1 · ": '"/ ' ' "' ~ ' "' For Water facilities: 93-11 WB Tract 5445, Phase II '. · ' ".':"~ ' ."" Amount of deposit: $29,884.64 .(.i: ~. ,.. ':. '. '.:.' :.: ".'.. Balance of deposit: $21,666.32 ..i.i i. ill ,?:.,iii..,!}.ii!i?i,iI Number of services: SA ." ' ' ' ': 'i""~'ii "'! '~.' Number of hydrants: NA ..: i.' ".i..'/ Refund basis: The exclusive right to receive from the City of Bakersfield, on an annual · "' '" ": ' basis, 2 V2 percent of the deposit to install facilities in compliance with Section C(2) of , !):.: ,.'?! i;!i.::.'fi.:i.:! the Main Extension Rule, which is within the Generalpr°visi°ns anddef'miti°ns°fsaid · /'...'~ ": '~':i~.':. ''~. :..'i i :~'i mica. "'. ' . The undersigned warrants that it is the owner(s) of said agreement free and clear · ': : i'~': :i'i'i'i' '"' of all claims, liens or encumbrances, and agrees to defend and hold the assignee harmless of and from all costs or claims arising out of any violation of this provision. '! ' ' ' :: ' : "."" :.': :' Accepted: '.' ',. :."'..',. ':..'..:'. JAMS, LP, A California Limited Partnership · ' .... '":' ":' '. ::';.:. ': By: ~ ~-~ Dated: ' (" .'..' '..' ';':i ."[i. John L.~'"~ci, Authorized Signor · :'.. "'.. '. "/:..! :.' Accepted: ........ ';' ?., .:' Dated: :......,.: ...: ...:.:.... :....; By: ~.~a?~ ~ '.'i'.':"i:' i: 2" :" Brent Nergnizian, Authorized Signor ·..... '.:. Accepted: '.' 'i .. ".. ':..:': "..':..; City of Bakersfield '" ".: """ By: Dated: . _ ; ." :-. · :-..~ '.:., C 8: C P.O. BOX 1524 HUNTINGTON BEACH, CA 92647 PHONE: (714) 536-6367 FAX: (714) 536-6547 ASSIGNMENT THE ASSIGNOR does hereby sell, assign, transfer and set over to MARJORIE A. COVEY; P.O. BOX 1524; HUNTINGTON BEACH, CA 92647, his/her executors, administrators and assigns / or its' successors and assigns / all right, title and interest of the ASSIGNOR in and to any and all refunds to which the ASSIGNOR is now, or may hereafter be, entitled to under and by virtue of that certain agreement between STEVEN L. DAVIS AND CITY OF BAKERSFIELD., DATED: September 05 1984, for the installation of mains and/or appurtenances in the following described tract or subdivision in the County of Bakersfield, State of California: Parcel Map 6791; WB 84-26 Original Refundable Deposit: $ 60,811.37 Current Refundable Balance: $ 30,405.77 THE ASSIGNOR warrants that it is the owner of said agreement free and clear of all liens and/or encumbrances, that the contract is valid and subsisting, and that the contract has been fully performed on the part of the ASSIGNOR. THE ASSIGNOR further warrants it will hold the ASSIGNEE harmless of and from all costs or claims arising out of any violations of these previsions. THE ASSIGNOR agrees that if any payments are received by him from CITY OF BAKERSFIELD following the date hereof, that such payments will be held by the ASSIGNOR in trust for the ASSIGNEE and be turned over to the ASSIGNEE immediately upon receipt thereof. DATED: December 16, 2004 A~ DAY_IS ASSIGNEE: MARJORIE A. COVEY By: Steven L. Davis By: Marjorie(~. Covey RECEIPT of the foregoing assignment is hereby accepted and acknowledged. DATED: CITY OF BAKERSFIELD By: ~ c:~patXasignmnt.dot Water Board Meeting January 19, 2005 9. NEW BUSINESS A. Letter received from Kern County Farm Bureau concerning Buena Vista Lake Shrew - For Board Information KERN COUNTY PeterpresidentBelluomini FARM BUREAU, inc RichardM. Jelmini · 1st Vice-President 801 South Mount Vernon Avenue Bakersfield, CA 93307 Mike Young Phone: (661) 397-9635 - Fax: (661) 397-3403 2nd Vice-President Web: kerncfb.com - E-mail: kcfb@kerncfb.com Matthew Park Executive Director December 31, 2004 JAN ' ~ 2005 CITY OF ~AKERsFIELD Florn Core WATER RESOURCEs City of Bakersfield Water Board 1000 Buena Vista Road Bakersfield, CA 93311 RE: Buena Vista Lake Shrew Status Report Ladies and Gentlemen: Critical Habitat. December 15, 2004 was the deadline for comments on the economic analysis of critical habitat designation for the Buena Vista Lake Shrew. EnclOsed find (a) the December 15 comments on behalf of the City of Bakersfield and others, including results of an economic study by Dr. David Sunding on their behalf, and (b) the December 14 comments of the Kern County Planning Department. Numerous parties provided funds, data, economic study review, concurrence letters, and other support for this effort. Numerous parties also submitted comments by the October 18, 2004 deadline on the proposed critical habitat designation itself. The City of Bakersfield, as part of these comments, also prepared an extensive management plan proposal for its 2800 Acre Recharge Area in 'an effort to exclude its property from the critical habitat designation. On September 30, 2004, two official public hearings were held in Bakersfield on the proposal to designate about 4700 acres within Kern County as critical habitat for the shrew. About 40 to 50 people (excluding Service employees) attended. Eleven parties provided oral comments as follows: one Sierra Club member spoke for 5 minutes in support for the proposal; six Farm Bureau members spoke for 45 minutes with concerns about the proposal; and four local public agency employees spoke for 25 minutes with concerns about the proposal. 91 Years Of Service To Agriculture 1914 2005 Under Court Order, the Fish and Wildlife Service must publish its final rule designating critical habitat for the shrew by January 12, 2005. Liti_~ation. The litigation challenging the listing of the Shrew was first filed on April 11, 2002. The Farm Bureau and its 7 co-plaintiffs appealed the unfavorable District Court ruling on the Shrew in Kem County Farm Bureau et al v. Dave Allen, U.S. Fish and Wildlife Service et al on March 12, 2004. The briefing schedule before the Ninth Circuit Court of Appeals is: Appellants' Opening Brief January 17, 2005 Government's Answering Brief March 4, 2005 (provided that neither Appellant nor Intervenor will oppose a 15-day extension, if the Government deems such an extension necessary) Intervenor's Answering Brief March 18, 2005 Appellants' Optional Reply Brief April 18, 2005 A decision from the Court of Appeals is expected mid-year. Not counting funding for critical habitat comments, we have achieved 91 percent of our fund-raising goal for this litigation. We continue to solicit funds from a few parties to meet the goal. Thanks to each of you for your persistent support and assistance in opposing the erroneous listing of the Shrew. Please call me at 661-858-2281 x21 if you have questions. Sincerely, Robert Kunde Chair, Endangered Species Committee Water Board Meeting January 19, 2005 9. NEW BUSINESS continued B. Resolution No. 01-05 of the City of Bakersfield Water Board endorsing application for an Urban Streams Restoration Program grant for the Kern River Parkway designating signatory and project manager of the City of Bakersfield for a re- vegetation project along the Kern River between 24th Street and Chester Ave. - For Board Review and Action RESOLUTION NO. 01-05 RESOLUTION OF THE CITY OF BAKERSFIELD WATER BOARD ENDORSING APPLICATION FOR AN URBAN STREAMS RESTORATION GRANT TO RE-VEGETATE AREAS ALONG THE THE KERN RIVER PARKWAY DESIGNATING SIGNATORY AND PROJECT MANAGER WHEREAS, the California Department of Water Resources, Division of Planning and Local Assistance, Urban Streams Restoration Program has announced the availability of funds for grants; and WHEREAS, said grants are intended to help solve flooding and erosion problems in a way that provides environmental enhancement; and WHEREAS, the Kern River Parkway Foundation has proposed to cosponsor a grant application with the City of Bakersfield; and WHEREAS, we have concluded the project proposed for funding with the grant funds would .be environmentally beneficial and certified the Environmental Impact Report for development and implementation of the Kern River Parkway Plan on March 7, 2001; and WHEREAS, we consider the prospects of receiving a grant to be reasonably likely. NOW, THEREFORE, BE IT RESOLVED, we the City of Bakersfield Water Board approve the joint application with the Kern River Parkway Foundation. If offered such a grant, we authorize the Water Resources Manager to accept and sign any contract for administration of the grant funds, and Water Resources Business Manager to act as Project Manager for the project. We hereby delegate authority to the Project Manager to manage the Agreement, and to delegate authority to others to provide management and support services required for performance of the work and administration of the Agreement. The delegation of authority to submit invoices requires written consent by both grantees which will be provided to the Department of Water Resources. -o0o- I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Water Board of the City of Bakersfield at a regular meeting thereof held on_ _ _, by the following vote: AYES: WATER BOARD MEMBER COUCH, HANSON, SCRIVNER NOES: WATER BOARD MEMBER ABSTAIN: WATER BOARD MEMBER ABSENT: WATER BOARD MEMBER SECRETARY of the City of Bakersfield Water Board APPROVED By Chairman APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney By Allen Shaw Deputy City Attorney 2 Water Board Meeting January 19, 2005 9. NEW BUSINESS continued C. Resolution No. 02-05 of the City of Bakersfield Water Board endorsing application for an Urban Streams Restoration Program grant for the Kern River Parkway designating signatory and project manager of the City of Bakersfield for project to eradicate exotic and invasive plants from the Kern River - For Board Review and Action RESOLUTION NO. 02-05 RESOLUTION OF THE CITY OF BAKERSFIELD WATER BOARD ENDORSING APPLICATION FOR AN URBAN STREAMS RESTORATION GRANT TO ERADICATE INVASIVE PLANTS FROM THE RIVER ALONG THE KERN RIVER PARKWAY DESIGNATING SIGNATORY AND PROJECT MANAGER WHEREAS, the California Department of Water Resources, Division of Planning and Local Assistance, Urban Streams Restoration Program has announced the availability of funds for grants; and WHEREAS, said grants are intended to help solve flooding and erosion problems in a way that provides environmental enhancement; and WHEREAS, the Kern River Parkway Foundation has proposed to cosponsor a grant application with the City of Bakersfield; and WHEREAS, we have concluded the project proposed for funding with the grant funds would be environmentally beneficial and certified the Environmental Impact Report for development and implementation of the Kern River Parkway Plan on March 7, 2001; and WHEREAS, we consider the prospects of receiving a grant to be reasonably likely. NOW, THEREFORE, BE IT .RESOLVED, we the City of Bakersfield Water Board approve the joint application with the Kern River Parkway Foundation. If offered such a grant, we authorize the Water Resources Manager to accept and sign any contract for administration of the grant funds, and Water Resources Superintendent to act as Project Manager for the project. We hereby delegate authority to the Project Manager to manage the Agreement, and to delegate authority to others to provide management and support services required for performance of the work and administration of the Agreement. The delegation of authority to submit invoices requires written consent by both grantees which will be provided to the Department of Water Resources. -o0o- I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Water Board of the City of Bakersfield at a regular meeting thereof held on , by the following vote: AYES: WATER BOARD MEMBER COUCH, HANSON, SCRIVNER NOES: WATER BOARD MEMBER ABSTAIN: WATER BOARD MEMBER ABSENT: WATER BOARD MEMBER__ · SECRETARY of the City of Bakersfield Water Board APPROVED By Chairman APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney By Allen Shaw Deputy City Attorney 2 Water Board Meeting January 19, 2005 10. MISCELLANEOUS Water Board Meeting January 19, 2005 12. CLOSED SESSION A. Conference with Legal Counsel - Existing Litigation. Closed Session Pursuant to Government Code Section 54956.9(A) North Kern Water Storage District vs. Kern Delta Water District, et al, Tulare County Superior Court Case No. 96-172919 CALFED Bay Delta Program, Central Valley KERN COUNTY'S WATER FUTURE Project, Napa Proposal, State Water Project: will they ensure an adequate water supply for "Keep/ag Up With the Flow" Kern County's future? What hurdles do they A SYMPOSIUM face? Panelists: Lester Snow, Director, California Department of Water Resources, Kirk Rogers AGEN DA (tentative), Regional Director, Bureau of Reclamation, and Greg Thomas, President, Natural Heritage Institute. Why are we here? Is there another 500-year "Whisky's fer dr/akin ', water's fer fight'n '. drought in the future for the West? What is Kern County's best strategy for Dr. Soroosh Sorooshian, Ph.D., Distinguished coalitions, collaboration and negotiation? Professor and Director, Center for Hydrometeorology Republican Assembly Leader, Kevin McCarthy; and Remote Sensing, The Henry Samuel/School of Congressman Jim Costa. Engineering, University of California, Irvine will describe the climate patterns of past centuries, what "I came, I saw, · listened. Now what should I caused them, and what might be in store for the future. do?" Is Kern County's glass half empty or half fuH? Kern County Supervisor, Ray Watson, wraps up with What are we prepared to handle? some thoughts about how business, agriculture and local government can help keep our glass at least half Thomas Clark, recently retired General Manager of full. Kern County Water Agency, will review our historical pattems of water supply and use. What are the DIRECTIONS scenarios for the future? Mr. Ronald Jacobsma, ' ' ' General Manager, Friant Water Users Association will Hwy 99 to Rosedale Hwy (58 West) discuss the court appeal of the peace agreement Go West to first street light between Friant and Westlands Water District regarding Turn left on Cam/no Del Rio Court. the San Joaquin River. Will Kern County's water Doubletree Hotel is immediately to your left. supplies be affected? N What are the future needs of Kern County agriculture and development? Rosedale Hwy (58 West) William eh/Il/more, Chairman, Kern County Water Bank Authority; David Price III, Director, Kern Highway County Resource Management Agency; Jim Beck, Cam/no Del Rio Ct. 99 General Manager, Kern County Water Agency; Bruce Freeman, President, Castle & Cooke, Jack Pandol, Jr., S Grapery, discuss the potential impacts of SB 221 (Kuehl), SD610 (Costa) and the requirement for long For Information Contact: term supplies for new development, including Southern California Water Committee groundwater management and water quality. (909) 980-4700 Office (909) 980-2628 Fax ~ ~'~ ~ i · HOSTS KERN COUNTY'S WATER FUTURE Kern County Water Agency 'Keeping Up With the Flow" Kern County Supervisor, Ray Watson Greater Bakersfield Chamber of Commerce ASYMPOSIUM Kern Economic Development Corporation Southern California Water Committee SPONSORS Arvin Edison Water District Bakersfield Association of Realtors Friday February 11, 2005 Wm. Bolthouse Farms, Inc. 7:30 a.m. - 11:30 a.m. Building Industry Association Doubletree Hotel CALCOT, Ltd. California Independent Petroleum Association Bakersfield Castle & Cooke, Inc. Frito-Lay, Inc. Grimmway Farms Independent Oil Producers Association Karpe Real Estate Center Kern County Farm Bureau Kern County Water Agency Kern Delta Water Agency Paramount Farms Supervisor Ray Watson Tejon Ranch Company Water Association of Kern County Western Growers Association Western States Petroleum Association HOSTED BY 1.1.. mm ~ ~ Kern County Water Agency ~ ~ Kern County Supervisor, Ray Watson ~ ~ '~- ~ Kern Economic Development Corporation ~ o~ Greater Bakersfield Chamber of Commerce o~° ~ ~ ,~<°' Southern California Water Committee Kern River