MINUTES OF THE BOARD OF DIRECTORS
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1 Post Office Box 151 Bakersfield, CA Tel: (661) Fax: (661) MINUTES OF THE BOARD OF DIRECTORS Date: Thursday, Time: 1:00 P.M. Location: Kern County Water Agency, 3200 Rio Mirada Dr., Bakersfield, Ca GENERAL DIRECTORS AND ALTERNATES PRESENT Dennis Johnston, Arvin-Edison WSD Joe Lutje, Henry Miller WD Mark Mulkay and Pete Kaiser, Kern Delta WD Skye Grass, Kern-Tulare WD Kim Brown, North Kern WSD (via conference call) Eric Averett, Rosedale-Rio Bravo WSD Jason Gianquinto, Semitropic WSD Dana Munn and Roger Riley, Shafter Wasco ID Robert Kunde and Michael Blaine, Wheeler Ridge-Maricopa WSD GENERAL DIRECTORS ABSENT Jeff Siemens, Olcese WD ASSOCIATE MEMBERS PRESENT Tim Ashlock, Buena Vista Coalition Greg Hammett, Westside Water Quality Coalition Dave Hampton, Cawelo WD Coalition ASSOCIATE MEMBERS ABSENT None OTHERS PRESENT Nicole Bell, KRWCA Manager John Schaap and David Halopoff, Provost & Pritchard Ernest Conant, Young Wooldridge, LLP Dennis Tristao, JG Boswell Roy Pierucci, Rosedale-Rio Bravo WSD Rick Powell, Grimmway Farms George Cappello, Grimmway Farms
2 Page 2 of 6 Robbin Hamilton, Paramount Citrus Don Collins, Kern Delta WD Kevin Flynn, Paramount Citrus Jacob Gwilliam, CalGAP, Tulare Ag Products Todd Turley, South Valley Farms Bill Wulff, KCWA 1. CALL TO ORDER Chairman Eric Averett called the meeting to order at 1:01 p.m. 2. INTORDUCTIONS Chairman Averett asked all in attendance to introduce themselves. 3. PUBLIC COMMENT None 4. APPROVAL OF MINUTES A motion was made by Director Michael Blaine to approve the minutes of the 01/08/2015 Board Meeting. Upon second by Alternate Director Skye Grass, the vote was unanimously carried. 5. TREASURERS REPORT a. Accounts Payable/Accounts Receivable - Mr. Robert Kunde reviewed the accounts payable with the Authority Board. A motion was made by Director Jason Gianquinto to pay the open accounts payable in the amount of $112, Upon second by Director Michael Blaine the motion was unanimously carried. 6. UPDATE ON SOUTHERN SAN JOAQUIN VALLEY WATER QUALITY COALITION Ms. Bell reported on the SSJVWQC meeting of February 4, Discussion points included: a. MPEP: The group is developing a MPEP Technical Consultant Request for Qualifications (RFQ) b. Data Management: A meeting will be held on February 23 to discuss data management needs. c. CV-SALTS: i. The group did not have interest in cost-sharing for the Technical Committee Representative. ii. The final MOU is being reviewed by legal counsel.
3 Page 3 of 6 iii. The cost-sharing will be split; Kings=25%, Kaweah=25%, Kern=25%, Tule & BV=12%. d. Nitrogen Management Plan (NMP) Template: i. An NMP needs to be on farm by 03/23/2015 for large farms with designated high vulnerability parcels. Three Grower Education Meetings have been scheduled to assist members with the NMP requirement. ii. Nitrogen Technical Advisory Workgroup: Region 5 Coalitions are developing a Nitrogen Technical Advisory Workgroup to develop N removal information and fill data gaps. A meeting will be held later this month. iii. Self-Certification Program: California Department of Food and Agriculture (CDFA) want to take over developing a producer selfcertification program. Coalitions will continue to push for the program and participate in the process. e. Groundwater Assessment Report (GAR): The following approximate HV area percentages were submitted in each Coalition s GAR: i. Kern = 33% High Vulnerability ii. Kings = 60+% High Vulnerability iii. Tule = 62% High Vulnerability iv. Kaweah = 70% High Vulnerability v. Cawelo = 25% High Vulnerability 7. KRWCA MANAGER REPORT/ILRP PROGRAM UPDATE: Manager Bell reported on the following topics: a. Welcome to New Board Member-Director Johnston-Arvin-Edision WSD Ms. Bell introduced and welcomed Mr. Johnston. b. CV-SALTS Technical Committee Contract with Land IQ Ms. Bell reviewed the hand-out from Dr. Kimmelshue with Land IQ for the 2015 Scope of Work. The Scope of Work includes: (12) summary memos from monthly TAC meetings for one year, (2) presentations for the KRWCA board and Project Management with a 10% contingency. A motion was made by Director Michael Blaine to engage Land IQ and Dr. Kimmelshue for the 2015 Scope of Work for Technical Representation at CV-Salts for the Kern River Watershed Coalition Authority, Irrigated Land Regulatory Program, for an amount not to exceed $21,917. Upon second by Director Dennis Johnston the motion was unanimously carried. c. Membership Acreage Fee Assessment Manager Bell Requested direction from the Board Regarding establishing the 2015/2016 Membership Acreage Fee Rate and process.
4 Page 4 of 6 i. Timeframe Manager Bell recommended an invoice issued April 1 for payment by May 15 (45 days). The KRWCA Board agreed with this recommendation. ii. Rate Structure: Manager Bell asked if the Board prefers a flat rate or to continue with the tiered structure. She recommended a flat rate and the board agreed. iii. Consideration of Budget Revision Ms. Bell asked the Board to consider any potential budget revisions now so that it would be incorporated into the fee assessment. The goal is to avoid needing to issue additional grower assessments later. The board considered comments made by Counsel that there are a lot of unknowns such as: 1. Expert Panel recommendations on General Order 2. Appeals & Litigation - could be two (2) appeals 3. Proceedings limited to record / Expert Panel or presentation of additional expert testimony? 4. State Board process this year scope and timing unknown After some discussion, the board directed Ms. Bell to set the fee based on the current approved budget (assuming 10% fallowing) and that the Cash Flow Reserve could be used for unforeseen items. If that happens, any Reserve Funds used will be recouped through the next fee assessment cycle. With this direction, Manager Bell will proceed and provide a fee assessment recommendation at the March 5 meeting. The approved budget will be provided prior to the meeting, as a reminder of anticipated expenses. iv. 2014/2015 Tulare Lake Basin Fee Chart Handout provided. d. CVRWQCB Ms. Bell reported that the below reports have been finalized and submitted to the CVRWQCB. She also noted that all reports have been posted to our website. i. Groundwater Quality Assessment Report (GAR) Update: Submitted 2/4. ii. Surface Water Monitoring Plan (SWMP) Update: Submitted 2/2. iii. Sediment Discharge and Erosion Assessment Report (SDEAR) Update: Submitted 2/4. iv. Comprehensive Groundwater Quality Management Plan (CGQMP) Update: Submitted 2/4. v. Enforcement: Ms. Bell reviewed Civil Liability Complaint Letters from the CVRWQCB to growers in other Coalitions. She reiterated that the Regional Board is taking compliance very seriously and they are conducting a drive-by of farms that aren t compliant. The Regional Board Administrative Civil Liability (ACL) Process has five steps (five letters). Ms. Bell stated the underlying sentiment is that everyone needs to be enrolled.
5 Page 5 of 6 e. Grower Outreach: Ms. Bell reported the following: i. KRWCA Newsletter: Has been mailed to growers. ii. Blast to KRWCA Members: Will be done next week. Ms. Bell would like addresses for all members. iii. Website: Has been updated with all reports, forms, meetings, etc. She is working on developing an Advocacy tab on our website that will house historical documents and past efforts. iv. Member Letters: The board was provided a duplicate member packet by on February 4, THe member letters have been mailed and include: 1. Vulnerability Designation Letter 2. Summary of Member Requirements (for compliance with GO) 3. NMP Template and Instructions on website as well 4. General Letter with meeting dates and details f. Grower Education Meetings: Ms. Bell reminded the board and guests that annual meeting attendance is required for members with large farms and parcels designated as HV. Three Grower Education opportunities have been scheduled. i. Feb 17, McFarland, Veterans Hall ii. Feb 18, Wasco, Elks Lodge iii. Feb 25, Bakersfield, Kern Ag Pavilion g. Manager Meeting Attendance: Ms. Bell reported that she attended the following meetings: i. 1/9, Statewide Grazing Regulatory Action Project (GRAP) ii. 1/15, KC Farm Bureau Board Meeting, Presentation iii. 1/26, KRWCA Executive Committee Meeting iv. 2/3, Kern Delta WD Special Meeting, Presentation v. 2/4, SSJVWQC Meeting vi. 2/5, KRWCA GO Appeals Meeting vii. Meetings with various growers 8. REPORT OF PROVOST & PRITCHARD CONSULTING GROUP Mr. Schaap reported that all reports have been turned in. Looking forward P&P will be involved in the following work items: a. Support Outreach Events he will be speaker on the NMP template. b. 2/11 World Ag Expo will be speaker with Casey Creamer John will review technical topics and Nutrient Management Plan and Casey will give an overview of policy and questions c. Support Young Wooldridge on appeal preparations.
6 Page 6 of 6 d. Database basis of design and preliminary planning. e. Work on Trend Monitoring Work Plan due 1 year from GAR approval there will be future interface with growers. f. Two years to put together MPEP workplan from GAR approval likely work off Kings timeline. g. Collaborate on RFQ for MPEP Technical Consultant h. Develop hydrology of southern streams (El Paso & Tecuya) in order to be able to anticipate surface water samplings i. Work on planning with Nicole Outreach Events & Education j. Prepare Annual Report submittal due 07/01 9. ATTORNEYS REPORT Nothing further 10. CLOSED SESSION None. 11. OLD OR NEW BUSINESS None 12. ADJOURN There being no further business to come before the Board, the meeting was adjourned at 2:38 p.m.
MINUTES OF THE BOARD OF DIRECTORS
Post Office Box 151 Bakersfield, CA 93302 Tel: (661) 616-6500 Fax: (661) 616-6550 MINUTES OF THE BOARD OF DIRECTORS Date: Thursday, Time: 8:00 A.M. Location: Kern County Water Agency, 3200 Rio Mirada Dr.,
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