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HomeMy WebLinkAbout05/10/95 WATER BOARD Mark Salvaggio, Chair Randy Rowles, Vice-Chair Patricia M. Smith NOTICE OF WATER BOARD MEETING OF THE CITY OF BAKERSFIELD WEDNESDAY, MAY 10, 1995 AT 4:30P.M. WATER RESOURCES BUILDING, 1000 BUENA VISTA RD, BAKERSFIELD, CA AGENDA 1). · CALL MEETING TO ORDER. 2). ROLL CALL - BOARD MEMBERS. 3). APPROVE MINUTES OF WATER BOARD MEETING HELD MARCH 14, 1995. 4). PUBLIC STATEMENTS. A. PRESENTATION FOR "FUN RUN/WALK FOR WATER" AND THE MONTH OF MAY AS "WATER AWARENESS MONTH". B. OTHER PUBLIC STATEMENTS. 5). TOUR OF CITY "2800 ACRES" GROUNDWATER RECHARGE FACILITY. 6). DEFERRED BUSINESS. A. NORTHEAST WATER SUPPLY. COMMENTS RECEIVED ON DRAFF REPORT. B. SOUTHWESTERN WILLOW FLYCATCHER UPDATE. C. KERN RIVER RUNOFF YIELD FORECAST. D. ASSEMBLY BILL 733 (SPEIER). FLUORIDATION OF WATER SUPPLY. 7). NEW BUSINESS. A. TEHAMA COUNTY ORDINANCE ON REGULATION OF GROUNDWATER PUMPING. B. KERN WATER BANK 1995 OPERATIONS. C. DOMESTIC WATER MAINLINE EXTENSION CONTRACT RE-ASSIGNMENTS. D. ASSEMBLY BILL 1005 (CORTESE) - WATER SUPPLY PLANNING. 8). CLOSED SESSION A. GOVERNMENT CODE $4956.9(b)(1); CONFERENCE WITH LEGAL COUNSEL. ANTICIPATED LITIGATION. SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO SUBDWISION Co) OF SECTION $4956.9. 9.) CLOSED SESSION ACTION. 10). ADJOURNMENT. POSTED: May 5, 1995 Gcne~Bog~rt, Iv'atcr Manager 1000 BUENA VISTA ROAD · BAKERSFIELD, CALIFORNIA 93311 · (805) 326-3715 MINUTES OF THE REGULAR MEETING OF THE ..... WATER BOARD - CITY OF BAKERSFIELD Held Wednesday, May 10, 1995, 4:30p.m., Water Resources Conference Room, 1000 Buena Vista Road, Bakersfield, CA 93311. 1. The meeting was called to order by Boardmember Salvaggio at 4:40p.m. 2. Present: Mark Salvaggio, Chair Randy Rowles, Vice-Chair Patricia M. Smith Absent: None 3. Boardmember Smith made a motion to approve the minutes of the Special Meeting held 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 May as "Water Awareness Month". The event will be held Saturday, May 20, 1995 at 9:00a.m. in Beach Park. Mr. Core also noted the Mayor has proclaimed May as Water Awareness Month in Bakersfield. 4B. There were no further Public Statements. .~' 5. At 4:45p.m. the Boardmembers and City Staff toured the City's "2800 Acres" Groundwater " Recharge Facility. 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 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. 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 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 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 deliveries under maximum schedules, provide for flows in the Kern River channel through Bakersfield this year and end the year with a full carryover supply in Isabella Reservoir. 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 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 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. 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 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 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 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 to our subdivision ordinance, a certain amount of regulation of what could be done with groundwater. Recently, in the case of Baldwin vs the County of Tehama, it is clear that the f. 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 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 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 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 Board review. Motion carried. 7B. The 1995 Kern Water Bank Operations was presented by Mr. Bogart. The properties 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 availability of high flow waters from many sources this year, the Kern Water Bank is in i". 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 supply and potential litigation. Mr. Slater noted this bill is also tied to "no growth" 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. t/~e~ ~ ~ Mark Salvaggio, City of Bakersfield Water Board Sharon Robison, Secretary .... City of Bakersfield Water Board 3