HomeMy WebLinkAbout08/04/16 KRGSA AGENDA1. CALL TO ORDER
2. ROLL CALL
KERN RIVER GSA
Thursday, August 4, 2016
10:00 a.m.
City Hall North
1600 Truxtun Avenue, Bakersfield CA 93301
First Floor, Conference Room A
AGENDA
3. PUBLIC STATEMENTS
Chair Members:
Rodney Pallo, Chair
Harold Hanson
Gene Lundquist
4. APPROVAL OF MINUTES OF THE JULY 7, 2016 REGULAR MEETING AND
JULY 12, 2016, AND JULY 26, 2016 SPECIAL MEETINGS
5. NEW BUSINESS
A. Correspondence Received (City Clerk)
B. Approval of $50,000 cash call recommendation
C. Approval of consultant proposals
i. Horizon Water and Environment
II. Todd Groundwater
D. Update on KRGSA website and Interested parties form (S. Teglia)
E. Update from Management Group (Beard /Chianello /Mulkay)
I. Groundwater Modeling with the Kern Groundwater Authority
II. ITRC Study Reimbursement Agreement
6. CLOSED SESSION: Conference with Legal Counsel: Potential Litigation; Closed
Session pursuant to Government Code section 54956.9(d)(2),(e)(1). One matter,
7. CLOSED SESSION ACTION
8. COMMITTEE COMMENTS
9. ADJOURNMENT
KERN RIVER GSA
MINUTES
MEETING OF JULY 7, 2016
Conference Room A, City Hall North, 1600 Truxfun Avenue
ACTION TAKEN
1. CALL TO ORDER REGULAR MEETING - 10:05 a.m.
2.. ROLL CALL
Present: Chairman Pallo, Chair Members Hanson
and Lundquist
Absent: None
3. PUBLIC STATEMENTS
IBGTWI
4. APPROVAL OF JUNE 2, 2016 MINUTES
Motion by Chair Member Hanson, seconded by APPROVED
Chair Member Lundquist, for approval of the
minutes.
5. NEW BUSINESS
A. Correspondence Received From Post Office
Clerk Typist Katharine Dye announced that
the KRGSA had not received any mail.
B. Update from Management Group
1. Cost Sharing Proposals
General Manager of Kern Delta Water
District Mark Mulkay made staff
comments.
Bakersfield, California, July 7, 2016 - Page 2
5. NEW BUSINESS continued
ii. Update on ITRC Study and KGA
Activities
General Manager of Kern Delta Water
District Mark Mulkay gave an update
and recommended that the KRGSA
participate in the ITRC study, with costs
covered equally with the three
members, and authorize the
appropriate person to sign the
document.
ACTION TAKEN
Motion by Chair Member Lundquist, APPROVED
seconded by Chair Member Hanson,
for approval to padicipate in the ffRC
Study.
iii. Update on Consultant Proposals
City of Bakersfield Water Resources
Manager Art Chianello gave an
update.
C. Cash call recommendation: $50,000
City of Bakersfield Finance Director Nelson
Smith recommended that each member
provide $50,000 for an initial cash call.
City Attorney Ginny Gennaro recommended
that each KRGSA board member present this
to their individual boards and stated that
action will be taken on this matter at the next
regular KRGSA meeting on August 4, 2016.
D. Update on KRGSA website and interested
parties form.
Assistant City Manager Steve Teglia made
staff comments and stated that the draft
website will be presented at the next regular
meeting.
Bakersfield, California, July 7, 2016 - Page 3
5. NEW BUSINESS continued ACTION TAKEN
E. Update on GSA Status
Assistant City Manager Steve Teglia gave an
update.
Discussions were held regarding the
creation of a letter to send to the County of
Kern.
6. COMMITTEE COMMENTS
None.
7. CLOSED SESSION: Conference with Legal Counsel:
Potential Litigation; Closed Session pursuant to
Government Code section 54956.9(d)(2), (e)(1). One
matter.
Motion by Chairman Pallo to adjourn to Closed Session
at 11:17 p.m.
Meeting reconvened at 11:51 p.m.
8. CLOSED SESSION ACTION: Conference with Legal NO REPORTABLE ACTION
Counsel: Potential Litigation; Closed Session pursuant
to Government Code section 54956.9(d)(2), (e)(1).
One matter.
9. ADJOURNMENT
Chairman Palla adjourned the meeting at 11:55 a.m.
CHAIR of the Kern River
Groundwater Sustainability Agency
KERN RIVER GSA
MINUTES
SPECIAL MEETING OF JULY 12, 2016
Board Room, Kern County Water Agency, 3200 Rio Mirada Drive
ACTION TAKEN
1. CALL TO ORDER SPECIAL MEETING - 1:36 p.m.
2.. ROLL CALL
Present: Chairman Palla, Chair Members Hanson
and Lundquist
Absent: None
3. PUBLIC STATEMENTS
None.
Chairman Palla announced that, at the request of
staff, Closed Session Item 7 was being moved forward
on the agenda to be heard at this time.
6. CLOSED SESSION: Conference with Legal Counsel:
Potential Litigation; Closed Session pursuant to
Government Code section 54956.9(d)(2),(e)(1). One
matter.
Motion by Chairman Palla to adjourn to Closed Session APPROVED
at 1:36 p.m.
Meeting reconvened at 2:00 p.m.
CLOSED SESSION ACTION: Conference with Legal
Counsel: Potential Litigation; Closed Session pursuant
to Government Code section 54956.9(d)(2),(e)(1).
One matter.
City Attorney Ginny Gennoro announced that the
matter has been continued and that Closed Session
will resume at the end of the agenda.
Bakersfield, California, July 12, 2016 - Page 2
4. NEW BUSINESS ACTION TAKEN
A. Presentation of Consultant Proposals
Horizon Water and Environment
Principal Kenneth Schwarz made comments
and provided a PowerPoint presentation.
ii. Todd Groundwater
Vice President Phyllis Stanin made comments
and provided a PowerPoint presentation.
B. Update on KRGSA Status
City Attorney Ginny Gennaro made staff
comments.
Chairman Palla spoke regarding his past
meetings with the County of Kern and
referenced a letter addressed to
Mick Gleason with the County of Kern, dated
July 12, 2016
Deputy County Administrative Officer for
Water Resources Alan Christensen made
comments.
Board of Supervisor Mick Gleason stated that
the County of Kern will give the KRGSA full
consideration and will respond in a timely
fashion.
5. COMMITTEE COMMENTS
Chair Member Hanson stated that the process to form
the KRGSA has worked extremely fast and that staff
deserves a great amount of recognition.
Chairman Palla stated that he appreciates the County
of Kern representatives who showed up to the
meeting and hope that all of their concerns were
covered.
Bakersfield, California, July 12, 2016 - Page 3
6. CLOSED SESSION: Conference with Legal Counsel: ACTION TAKEN
Potential Litigation; Closed Session pursuant to
Government Code section 54956.9(d)(2),(e)(1). One
matter.
City Attorney announced that there is no need to
resume Closed Session at this time and that it will carry
over to the next regular meeting on August 4, 2016.
8. ADJOURNMENT
Chairman Palla adjourned the meeting at 3:19 p.m.
CHAIR of the Kern River
Groundwater Sustainobility Agency
KERN RIVER GSA
MINUTES
SPECIAL MEETING OF JULY 26, 2016
Conference Room A, City Hall North, 1600 Truxiun Avenue
1. CALL TO ORDER REGULAR MEETING - 08:31 a.m. ACTION TAKEN
2.. ROLL CALL
Present: Chairman Palle, Chair Members Hanson
and Lundquist
Absent: None
3. PUBLIC STATEMENTS
None.
4. CLOSED SESSION: Conference with Legal Counsel:
Potential Litigation; Closes Session pursuant to
Government Code section 54956.9(d)(2), (e)(1). One
matter.
Motion by Chair Member Lundquist, seconded by APPROVED
Chair Member Hanson, to adjourn to Closed Session at
8:32 a.m.
Meeting reconvened at 10:14 a.m.
5. CLOSED SESSION ACTION: Conference with Legal STAFF WAS GIVEN DIRECTION
Counsel: Potential Litigation; Closes Session pursuant to
Government Code section 54956.9(d)(2), (e)(1). One
matter.
3. ADJOURNMENT
Chairman Palla adjourned the meeting at 10:15 a.m.
CHAIR of the Kern River
Groundwater Sustainability Agency
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1965 C CST I &qkp
RSF Office of the President
Via Email: achianel @bakersfieldcity.us
Mr. Art Chianello
Water Resources Manager
Water Resources Department
City of Bakersfield
1000 Buena Vista Road
Bakersfield, CA 93311
Dear Mr. Chianello:
Mail Stop: 33 0131:
9001 Sm kdale Highway
BAcsfic d. California 93311 -1022
(661) 654 -2241
(661) 654 -3199 FAX
w ..4waedu
July 14, 2016
Pursuant to your letter dated April 12, 2016 to the California Department of Resources indicating the
City's decision to form a Groundwater Sustainability Agency, I am requesting that California State
University, Bakersfield be placed on a list to receive notices, meeting announcements, availability of
draft plans, maps, and other relevant documents.
If you have any questions regarding this request, please feel free to contact me.
Sincerely,
Evelyn Young Spath, Ed-D.
Executive Assistant to the President
cc (via email):
Mark Mulkay, General Manager, Kent Delta Water District
David Beard, Manager, Kent County Water Agency Improvement District No. 4
Thom Davis, Vim President for Business and Administrative Services, CSU Bakersfield
Pat Jacobs, Assistant Vice President for Facilities Management, CSU Bakersfield
i
Kern Groundwater Authority
P. 0. Box 20820
Bakersfield, CA 93390 -0820
August 4, 2016
RE: Todd Groundwater Model Development Proposal
Dear Member:
Please be advised that the Kern River Groundwater Sustainability Agency (KRGSA) plans to
engage Todd Groundwater to provide expert, consultant services in connection with the development of
a Groundwater Sustainability Plan (GSP) for the area encompassed by the KRGSA. We believe that Todd
Groundwater is uniquely situated to provide these services in a timely manner and at a reasonable cost
due to their background with respect to groundwater modelling in general and, more particularly, due
to their intimate knowledge of and familiarity with groundwater modelling within the Kern County Sub -
Basin (Basin).
Recognizing that the Department of Water Resources requires a single groundwater model (or
something similar) for the entire Basin, we suggest that all actual or potential GSA's coordinate this
effort. Todd has previously provided a technical overview and recommendation to the KRGSA with
respect to development of a Basin groundwater model (Model). We believe that a joint approach in
this Model effort will be more cost effective and less contentious. As such, the KRGSA invites the Kern
Groundwater Authority to review and participate with the KRGSA in the selection of a technical
consultant for Model development.
Please disseminate this request among your member agencies and advise if you have any
questions or concerns. Thank you for your cooperation.
Very truly yours,
Kern River Groundwater Sustainability Agency
Rodney Palls, Chairman
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Kern Groundwater Authority
P. O. Box 20820
Bakersfield, CA 93390 -0820
August 4, 2016
RE: Todd Groundwater Model Development Proposal
Dear Eric Averett:
RECEIVE AND PLACE ON FILE
AT WiSAMEETNNi OF R/411�
New. ex s,AWS derv. 5CIi
Please be advised that the Kern River Groundwater Sustainability Agency (KRGSA) plans to
engage Todd Groundwater to provide expert, consultant services in connection with the development of
a Groundwater Sustainability Plan (GSP) for the area encompassed by the KRGSA. We believe that Todd
Groundwater is uniquely situated to provide these services in a timely manner and at a reasonable cost
due to their background with respect to groundwater modelling in general and, more particularly, due
to their intimate knowledge of and familiarity with groundwater modelling within the Kern County Sub -
Basin (Basin).
Recognizing that the Department of Water Resources requires a single groundwater model (or
something similar) for the entire Basin, we suggest that all actual or potential GSA's coordinate this
effort. Todd has previously provided a technical overview and recommendation to the KRGSA with
respect to development of a Basin groundwater model (Model). We believe that a joint approach in
this Model effort will be more cost effective and less contentious. As such, the KRGSA invites the Kern
Groundwater Authority to review and participate with the KRGSA in the selection of a technical
consultant for Model development.
Please disseminate this request among your member agencies and advise if you have any
questions or concerns. Thank you for your cooperation.
Very truly yours,
Kern River Groundwater gaStZlJiabil'rty Agency
By:
Rodney Palla, Chairman
► ,I
Honorable Mick Gleason, Chairman
Kern County Board of Supervisors
1115 Truxtun Avenue, 5th floor
Bakersfield, CA 93301
August 4, 2016
Re: Kern River Groundwater Sustainability Agency (KRGSA)
County Participation Agreement
Dear Chairman Gleason and Supervisors:
RECEIVE AND PUCE ON FILE
AT 9WIMEETINO OF(a&W
00506 3,610. T4dn b
We appreciate your prompt response to the points raised in our letter of July 12, 2016. Your
response dated July 20, 2016 which was transmitted via the Kern County Counsel's office reflects
substantial agreement on most issues. Accordingly, we look forward to a swift resolution of the present
overlap preventing acceptance of the KRGSA as an area of exclusive jurisdiction under the Sustainable
Groundwater Management Act (SGMA).
Based on our respective letters, It is clear that the County wants to have "meaningful
participation" in the development, review and adoption of this entity's Groundwater Sustainability Plan
(GSP). It would appear that such meaningful participation could take one of two forms, namely: (1) the
County could become a full- fledged voting member of the KRGSA subject to all attendant duties,
responsibilities and financial obligations; or (2) the County could join the KRGSA as an "additional
agency' designating that portion of the lands under its jurisdiction which it wishes to include within the
GSA's boundaries ( "white lands "). Implementation would Involve the following:
1. Voting Membership In KRGSA:
a. On March 30, 2016 the Kern Delta Water District (Kern Delta), Improvement District No.
4 of the Kern County Water Agency (ID4), and the City of Bakersfield (City) entered into Agreement No.
16-048 entitled "Memorandum of Understanding Forming the Kern River Groundwater Sustainability
Agency' (MOU) (copy attached). These three entities currently constitute the "Parties" (he., voting
members) of the KRGSA. As provided in Paragraph 9, the MOU may be amended by unanimous consent
of these Parties. If this option is chosen, the Parties would amend the MOU to add the County as voting
member.
Honorable Mick Gleason, Chairman
Kern County Board of Supervisors
August 4, 2016
Page 2 of 4
b. The decision - making process for the KRGSA is covered in Paragraph 5 of the MOU which
would remain unchanged. Paragraph 5 provides:
5.1 With the exceptions noted herein, it is the intent of the Parties
that all actions undertaken by the KRGSA are done by unanimous
consent of the Parties; however, H unanimous consent is not possible, a
majority vote of the Parties is required.
5.2 In the event of an impasse or disagreement, the Parties shall
use their best efforts to find a mutually agreeable result. To this effect,
the Parties shall consult and negotiate with each other in good faith in
an attempt to reach a solution that is mutually satisfactory. If the
Parties do not reach a solution, then the matter shall be submitted to
non- binding arbitration or mediation within a reasonable period of
time.
C. At a meeting held June 2, 2016 the KRGSA adopted Bylaws for the governance of the
entity (copy attached). County participation in the KRGSA would be subject to the terms and provisions
of the existing MOU and adopted Bylaws. Among other things, the Bylaws provide for cost- sharing
among members on an equal basis unless otherwise agreed (see Article V, Section 2). As of August 4,
2016, a cash call of $50,000 per party has been authorized.
d. Consistent with Paragraphs 6.4 and 6.5 of the MOU, the County will be responsible for
implementing the GSP In those white lands added to the KRGSA boundaries.
e. All other issues addressed in our respective letters will be addressed and resolved
through the normal decision- making process outlined in the MOU.
2. Non - Voting "Additional Agency" Status in Kern River GSA:
a. Like East Niles Community Services District and North of the River Municipal Water
District, the County is recognized to be an entity eligible to form Its own GSA over lands where it has
exclusive jurisdiction. As such, the County could join the KRGSA as an "additional agency" pursuant to
Paragraph 3 of the MOU. If it chooses this course the County should (1) identify the lands to be included
within the KRGSA and, if approved by the Parties, (ii) adopt a resolution including such lands within the
KRGSA, and (iii) sign Exhibit C -1 to the MOU. Under these circumstances, the County would be
considered a non - voting, "additional agency".
b. Concurrent with such action the following assurances would be provided by amendment
to the MOU or by separate agreement with the County.
(1) Indemnification: If the County is asked by the KRGSA to use the County's police
powers for a specific purpose for the KRGSA, then the KRGSA would indemnify
the County. Indemnification would be on a case by case basis.
Honorable Mick Gleason, Chairman
Kern County Board of Supervisors
August 4, 2016
Page 3 of 4
(2) Land Use Powers: The KRGSA and its participants agree, and the GSP will
provide, that nothing in the GSP or any actions taken by the KRGSA, shall
modify, limit, or preempt the County's police powers, including its land use
authority. On the other hand, the County does not intend to designate or zone
a specific project with an expectation that the KRGSA will provide more water
allotment than that which is determined by the GSP allotment and policies.
(3) White Lands: The KRGSA will manage white lands included within its boundaries
if requested to do so by the County.
(4) Well Permits: Well permitting is under the County's jurisdiction and should
remain so. The KRGSA has no intention of transforming the well - permitting
process from a ministerial function (which does not trigger CEQA) to a
discretionary function (which triggers CEQA) without prior consultation with the
County.
(5) Water Transfers: Water transfers within the basin are essential to economic
stability and future development opportunities. The KRGSA will consider this
position when assessing its water transfer policy in the GSP. Further, the KRGSA
does not intend to restrict use of water within its boundaries to a specific use.
(6) Unincorporated Communities: The needs and water resources of
unincorporated communities will be considered and addressed in the GSP.
(7) JPA v. MOU: It is understood that the development and implementation of the
GSP does not require the joint exercise of powers among the Parties and,
therefore, formation of a JPA is unnecessary. The Parties will form a JPA if and
to the extent legally mandated.
(8) Kern River GSA Voting: The KRGSA will ensure that all additional agencies
(including the County) will have a continuous opportunity to participate in the
preparation, review, and adoption of the GSP. The term "participate" in this
context means access to all non - privileged drafts, reports, technical information,
and other materials and communications, and an ability to be actively engaged
in all open meetings related to the preparation, review, and adoption of the
GSP. "Actively engaged" means as a signatory to the MOU (i.e., an "additional
agents) and more than as a member of the general public.
(9) Oil & Gas: The KRGSA will cooperate with the County, the oil and gas industry,
and the State Department of Water Resources to preserve and protect available
water supplies. Additionally, the GSP may incorporate current adopted
mitigation measures found in the Oil and Gas Environmental Impact Report
approved by the Board of Supervisors as a means to address best management
practices and related GSA oil and gas concerns.
Honorable Mick Gleason, Chairman
Kern County Board of Supervisors
August 4, 2016
Page 4 of 4
We trust that this response will provide the basis for agreement among the County and KRGSA
participants. If so, please identify the option which best suits the County's interests and we will prepare
the necessary documentation. Thank you for your cooperation.
Very truly yours,
KERN RIVER GROUNWAT NABILITY AGENCY
By:
Rodney Palla, Chairman
Harold Hanson, BO d Mem er
By: in -
Gene Lundquist, Board Membe
cc: Kern Delta Water District
Kern County Water Agency Improvement District No.4
City of Bakersfield
Members of the Kern County Board of Supervisors
John Nilon, County Administrator
Alan Christensen, Chief Deputy Administrative Officer
Theresa A. Goldner, County Counsel