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HomeMy WebLinkAbout07/11/2012_WB_AGENDA_PACKET SpecialCity of Bakersfiel . d 40 Water Board Special Meeting of July 11, 2012 Kern River at Coffee Road Water Resources File Packet v » L 73 LDj David couch, char ��ro�d Hanson,, voce Chaor RusseQ� Johnson, Mend er NC)TIC:1 : 9*11 _ O WS)1:11I_ IVAI. E MC:ETINC A I-- l d f�E CI Y C)F= :AKf. =RSA IFI_Ci) WATE:I�' :� EEO 10 !> Notice is hereby given that a Special Meeting of the city of Bakersfield Water Board will be held on Wednesday, ,duly 11, 2012 at 5:15 p.m. or soon thereafter, in the City Council Chambers, city Hall South, 1501 Tru tun Avenue, Bakersfield, CA 93301. The agenda is as follows: 4 2 �o 4e �o 0 11 AGENDA M0 W-0=1L PMSUC VA7EevilEN7 IN1 RC)Ci�l.1C TC)RY RE ARKS : Y C� H,IR HEARING A. Public Hearing to receive comments regarding tl�e adequacy of the Draft Environmental Impact Report (DEIR) for the Kern river Flow and Municipal Water Program (Applicant: city of Bakersfield). Staff recommends referring all comments to Staff for response, direct Staff to prepare the Final UR and forward to city council for their review and consideration. WATER :©ARCS) SIATEMC_NTS A �JCi)URN ENT POS7FDo July 6, 2012 bz ATE C Manello, F.E. Wa�eT Resources Manage fwmleK S rl ADMINISTRATIVE REPORT �N WATER BOARD MEETING DATE: July 1 1, 2012 AGENDA SECTION: Hearings ITEM: 5.A. TO: David Couch, Chairman Harold Hanson, Co.mmissioner Russell Johnson, Commissioner FROM: Art Chianello, Water Resources Manager DATE: June 29, 2012 DEPARTMENT HEAD CITY ATTORNEY �� SUBJECT: Public Hearing to receive comments regarding the adequacy of the Draft Environmental Impact Report (DEIR) for the Kern River Flow and Municipal Water Program. RECOMMENDATION: Staff recommends referring all comments to staff for response, direct Staff to prepare the Final EIR and forward to the City Council for their review and consideration. BACKGROUND: The consulting firm of Horizon Water and Environment, LLC and City staff have prepared the Draft Environmental Impact Report (DEIR) for the Kern River Flow and Municipal Water Program (herein Program). PURPOSE OF JULY 11, 2012 PUBLIC HEARING: In accordance with the City of Bakersfield CEQA Implementation Procedures, the July 1 It 2012 public hearing before the Water Board is to receive comments regarding the adequacy of the program DEIR. The following is an excerpt from the CEQA Guidelines for adequacy. CEQA Guideline Section 15151: An EIR should be prepared with a sufficient degree of analysis to provide decision makers with information which enables them to make a decision which intelligently takes account of environmental consequences. An evaluation of the environmental effects of a proposed project need not be exhaustive, but the sufficiency of an EIR is to be reviewed in the light of what is reasonably feasible. Disagreement among experts does not make an EIR inadequate, but the EIR should summarize the main points of disagreement among the experts. The courts have looked not for perfection but for adequacy, completeness, and a good faith effort at full disclosure. Water Board Page 2 July 11, 2012 As required by CEQA Guideline Se�:tion 15205, a 45 day public review period for the DE'R began June 20, 2012, and concludes on August 6, 2012. All comments received within the review period will be referred to staff for written response in the Final EIR. The Water Board is not considering or taking action on the Program itself on July 11, 2012. The Board should open the public hearing to rec_.eive comments on the adequacy of the DEIR. Staff will not respond to comments at this hearing other than to make clarifications as desired by the Board. Written responses will be provided as part of the Final EIR. It is anticipated the Final EIR will likely be considered by the City Council in the fall of 2012. PROGRAM DESCRIPTION: The Program is a multi- objective flow management and water supply program. The primary objective is to allow substantial quantities to flow in the Kern River Channel to protect, increase and enhance the City's water supply. The source of the water would be derived through the City's application to appropriate filed with the California State Water Resources Control Board ( "SWRCB "), and by using water accruing to its existing historical Kern River rights. Water in the Kern River would provide multiple benefits to the City and its residents, before the water is ultimately used to satisfy the City's municipal water demand within its boundaries. PROGRAM ANALYSIS: On March 10, 2011, a public scoping session was held to receive comments regarding the Initial Study and Notice of Preparation (NOP). The DEIR has incorporated and /or responded to all comments received in response to the Initial Study /NOP. Appendices A and B of the DEIR contain the Initial Study /NOP and comments received. The DEIR focuses on the changes in the environment that would result from the proposed Program. If a significant adverse impact results from the Program, mitigation measures are recommended to avoid the impact or reduce impacts to less than significant levels. DEIR analysis includes discussion inducing Population Growth, which would result in a significant and unavoidable the impact. No feasible mitigation measures are available to reduce this impact to less than significant levels. Therefore, a "Statement of Overriding Considerations" must be considered. LOCATION AND ENVIRONMENTAL SETTING: Generally located along the Kern River which passes through the northern portion of the City of Bakersfield, generally flowing in a northeast to southwest direction. The Program Area begins at the First Point of Measurement located east of the city along Round Mountain Road and continues approximately 25 miles downstream along the Kern River and through the City's 2,800 Acre Recharge Facility to a gage station at the Second Point of Measurement, near Enos Lane. Water Board July 11, 2012 PUBLIC NOTICE: Page 3 Notice of public hearing before the Water Board of the City of Bakersfield to accept testimony regarding the adequacy of the DER was advertised as a 1/2 page "Bakersfield Californian" newspaper and posted on the City Clerk and Planning Department bulletin boards, and on the City's website on June 20, 2012. Notice has been mailed to area water districts /agencies and those parties requesting notice. AC:Jeng S: \Kern River \Kern River EIR \Staff Reports \AD RPT 7- 11- 12.docx 6/28/2012 11:04 AM