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HomeMy WebLinkAbout02/03/82 -~ ---- - - ~. , 'r' ì:t AGENDA ------ WATER BOARD - CITY OF BAKERSFIELD WEDNESDAY, FEBRUARY 3, 1982 4:00 P.M. Call meeting to order Roll Call - Board Members: Barton, Chairman; Payne, Ratty, Kelmar Oberholzer 1. Approve minutes of regular meeting of January 13, 1982. 2. Scheduled Public Statements 3. Correspondence 4. Letter from Kern County Water Agency dated January 29, 1982, regarding the separation of Improvement District No. 4. FOR BOARD ACTION. 5. Staff Comments 6. - Board Comments 7. Adjournment , .'J;.' ,,' -~- - =-----~ --~- ;"'-- -y-7 ---- ----., -~- -.,. ,r M I NUT E S ------- WATER BOARD - CITY OF BAKERSFIELD WEDNESDAY, JANUARY 13, 1982 4:00 P.M. The meeting was called to order by Chairman Barton in the Department of Water Conference Room. ~- The secretary called, the roll as follows: Present: Barton, Payne, Ratty, Kelmar, Oberholzer Absent: None The minutes from the meeting of December 9, 1981, were approved as presented. "Kern River Open Space Land Use Plan", was presented to the board. At this tíme Mr. Dale Hawley, Public Works Director introduced Mr. Harry Tow, Civil Engineer for Quad Çonsultants to the board. Mr. Tow stated that Quad Consultants was the subcontractor for Rickett, Ward & Delmarter and gave a brief outline of the "Kern River Open Space Land Use Plan". Mr. Ratty made a motion that the plan be received and placed on file. The motion was passed. Mr. Hawley presented the final billing to the board and Mr. Kelmar made a motion that the final-payment of $14,000.00 be made to Rickett, Ward & Delmarter. The motion was passed. City of Bakersfield-California Regional Water Quality Control ; Board contract for groundwater quality investigation of City's : 2800 acre recharge area; Second Quarterly Report was submitted "'-'--' to the board by Florn Core for their information. At this time Mr. Hawley presented and gave a map outline of five (5) Mainline Extension Agreements for various tracts ,and parcel maps within the Ashe W~ter System to the boa~d for J acceptance. Mr. Ratty made a mot1on that the agreements -be ' approved. The motion was passed. -'~ Discussion regarding City participation in Olcese Water District No.2 annexation lawsuit was item number seven (7). At 4:20 P.M. Mr. Oberholzer made a motion that the board adjourn to Closed Session to discuss this pending litigation and potential litiga- tion in respect to the City. The motion was passed. The regular meeting was reconveyned at 5:00 P.M. Mr. Oberholzer made a motion with respect to Olcese Wa~er District No.2 annex- ation lawsuit and that is the board permit the City Attorney to file ,an amicus brief in support of the defendants after he makes an evaluation and determination that such an amicus brief would assist the court in its determination of the'issues in the èase. The motion was passed. ' There being no further business to come before the board, Chair- man Barton adjourned the meeting at 5:02 P.M~ , I , '---- James J. Barton, Chairman I City of Bakersfield Water Board I Linda Hostmyer, Secretary City of Bakersfield Water Board \ \ '\ ~ -- , -- ..,--- - '------:-'--'-------..., "'---..¡----':- ,.. -.--,. '--::---:::::.-::- --- . --:: -,----~....,.,.""~~--......:.... ~--,- \~~ KERN COUNTY WATER AGENCY ¡ I 4114 Arrow Street, P.O. Box 58 I I Bakersfield, California 93302-0058 .~77/./..'....~., Directors: ,::i~~~?~;?~:,. F S ' , :."":y.:;.~,,,..":'tJ:ë!;f.~'I.~:" Telephone: (805) 393-6200 redLtarrh DiVIsion' ;"""""""""",,"" J. Elliott Fox Division 2 ,'/;' 'f':'; ,. ,_. -,¡,:- \,!~p . ,: Stuart T. Pyle , ". ",' .' . ',: ,'" \ ,', " JackG,Thomson Division 3 :;: ;;:j,':":.'-:";"-';"""- !-'j:;-" Engineer,Manager ",' . ,,' --, '.' I -.' ", ¡ " "'" S, """'" ~- , :;,:~';:~_: -' - ,¡ ,f,' , Goo R " .,pc',T., ,-C., .!',' rgeE,lbble Robert E, McCarthy DiVIsion 5',: ~;', ' /..::~ ¿; "', p 'de I :, ,.', " (I. 0"',:'/ Assistant Englneer'Manager reS! n , , ':<--';';:;""" /,:\$f.: Henry C, Garnett DiviSIon 6 ' ':.. .' ':-'f:'JF ;f{ff!:-.,,;.: Lois Buchenberger GoM A Loodqoo "'000' Janua:;~1~82 ~,Cí\Õ}\~i ~ \\' Seaow, \0) Ì> 'cl'; .1~ \'\\ . ,,?Sj \ . (\ \ ' ' I ,.' "'J.- " #",:,r\¡:. .' (";' \)1 -.tJ~~ Mr; James J. Barton, Chai rman :)~~:..í3'r: cfi- Water Board, City of Bakersfield ùf:.t!'. 1501 Truxtun Avenue Bakersfield, California 93301 RE: Improvement District No.4 Dear Mr. B~ ~ The Board of Directors of the Kern County Water Agency is informed that the City of Bakersfield and other responsible members of the community believe that the time has come to give to the Greater Bakersfield Metropoli- tan Area total independence regarding decisions involving the importation, distribution, treatment, and payment of State Project water. It is proposed that this be accomplished either by establishing a separate board of trustees to manage the affairs of Improvement District No.4 or through the formation of a separate, independent public district or entity (encompassing the entire Greater Bakersfield Metropolitan Area), having the power to contract with Kern County Water Agency for the purchase and payment of State Project water and to otherwise act in the capacity of a Member Unit of the Agency. You have requested the Board of Directors to issue a policy statement regarding this proposal. At the time that Improvement District No.4 was formed, there was no single district or other public entity in existence to represent the entire Greater Bakersfield Metropolitan Area as a Member Unit of the Kern County Water Agency as contemplated by the Kern County Water Agency Act. In fact, a proposal to form such an entity was defeated by the voters. Conse- quently the Improvement District (1.0. No.4) was formed to make certain that Greater Bakersfield would receive its fair share of State Project water and to finance (through the issuance of general obligation bonds) the improve- " ments, facilities and treatment plant 'needed not only to import the water, II but to make it useable for domestic purposes. Thereafter, Zone of Benefit No. , 7 was established to raise taxes to pay for the water. " ~ 1 I /' -~, -- --~ ,-=- ~ The Board of Directors does not favor the establishment of a separate Board of Trustees to manage the affairs of 1.0. No.4. In the opinion of the Board members, the establishment of a separate Board of Trustees would not solve all of the alleged problems that now exist nor would it give the Greater Bakersfield Metropolitan Area the independence and separate identity desired. Furthermore, such a proposal would result in a,division or overlapping of essential responsibilities between two govern- ing boards and add to the confusion that already exists as to the role of the Board of Supervisors in approving the Agency.s budget and the Zones of Benefit that are established from time to time. In short, the creation of still another board to govern the affairs of a single entity would not give I.D.No. 4 the autonomy desired. On the other hand, the Board believes that the proposal to form a separate and independent public district or other public entity governed by its own elected board of directors to take over the affairs of 1.0. No.4 and to otherwise act in the capacity of a Member Unit of the Kern County Water Agency is feasible. Possibly this could be accomplished by the adoption of a special act of the legislature tailored to the needs and desires of the area. In addition, since the new entity would embrace essentially the same territory as 1.0. No.4, the legislation should provide for an orderly transfer of all the Improvement District's assets and obligations to the independent agency. Afterward, 1.0. No.4 could be dissolved. Because the formation of an independent public entity to take over the affairs of Improvement District No.4 is primarily a political question, the members of the Board of Directors do not deem it appropriate for the Kern County Water Agency to initiate the necessary legislation. However, the Board would support such legislation if reasonably, adequately and equitably drafted, and if the ultimate decision as to whether or not the new public entity shall be formed is left to the decision of the majority of the elig- ible voters voting on the issue at an election called for that purpose. z..;ery tru y. (J. Gene A. Lun quist Director, KCWA p ,'.. ,\ - :. " " 1 " ,': .