KERN GROUNDWATER AUTHORITY Meeting of Board of Directors March 25, 2015, 2:00 p.m Truxtun Ave., Bakersfield, CA 93301

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1 KERN GROUNDWATER AUTHORITY Meeting of Board of Directors March 25, 2015, 2:00 p.m Truxtun Ave., Bakersfield, CA Board Chamber Room AGENDA This meeting is held in accordance with the Brown Act pursuant to Section of the California Government Code and the Kern Fan Authority Joint Powers Agreement. 1. Roll Call - Quorum Determination In the absence of a quorum of the Board the meeting will be adjourned. 2. Public Input This portion of the meeting is set aside to provide the public an opportunity to bring to the attention of the Board matters of which the Board may not be aware and which are not on the current agenda. No action can be taken on any matter raised during this portion of the meeting; however, a Board member may request that the matter be placed on any future agenda for further review and possible action. Members of the public may directly address the Board of Directors on any item of interest within the Board s subject matter jurisdiction, before or during the Board s consideration of the item. The President may limit the time allowed for comment. 3. Minutes a. Board Meeting: February 25, Treasurer s Report 5. Groundwater Management Work Plan a. GEI Update b. Committee Reports 1. Urban Committee 2. Surface Supply Committee 6. Discussion on Approach to Implementation of Groundwater Regulations a. Basin Boundary Issues b. Discussion on Overlap Issues c. Public Outreach / Workshops Next Workshop Date d. Discussion of Issues Questions from January 21 Workshop

2 7. Coordination Activities a. SB4 b. CASGEM c. ILRP 8. New Business This Portion of the Meeting is set aside to provide each Board member an opportunity to bring to the attention of other Board members and the public matters which have come to their attention and/or which may be appropriate for future consideration. No action can be taken on any matter raised during this portion of the meeting, however, a Board member may request that the matter be placed on any future agenda for further review and possible action. 9. Attorney(s) Report a. Approve Conflict of Interest Code 10. Adjournment A person with a qualifying disability under the Americans with Disabilities Act of 1990 may request the Authority provide disability-related modification or accommodation in order to participate in any public meeting of the Authority. Such assistance includes appropriate alternative formats for the agendas and agenda packets. Requests should be made in person, by telephone, facsimile and/or written correspondence to the Authority office, at least 48 hours before a public Authority meeting. Written materials related to an item on this agenda to be considered in open session that are public documents and that are distributed to board members after the posting of the agenda, will be made available for public inspection when they are so distribution at the office of the Authority located at 849 Allen Road, Bakersfield, California during normal business hours. Documents that are public documents provided by others during a meeting will be available at the same location during business hours after the meeting.

3 JPA Board Meeting Kern Groundwater Authority Wednesday, February 25, 2015 JPA DISTRICT REPRESENTATIVES AND ALTERNATES PRESENT Edwin Camp, Arvin-Edison WSD Terry Chicca, Buena Vista WSD Scott Hamilton, Cawelo WD Michael James, City of Shafter Gene Lundquist, ID-4 Royce Fast, Kern County Water Agency Supervisor David Couch, Kern County Kevin Antongiovanni, Kern Delta WD Jeff Siemens, Olcese WD Jason Selvidge & Gary Unruh, Rosedale-Rio Bravo WSD Rick Wegis, Semitropic WSD Roger Riley, Shafter-Wasco ID Jim Regan, SSJMUD Gary Morris, West Kern WD Joe MacIlvaine, Westside District Water Authority Michael Blaine and George Cappello, Wheeler Ridge-Maricopa WSD JPA DISTRICT REPRESENTATIVES AND ALTERNATES ABSENT Andrew Pandol, Kern-Tulare WD Kevin Andrew, North Kern WSD Bill Taube, Kern Water Bank Authority OTHERS PRESENT Steve Collup & Jeevan Muhar, Arvin-Edison WSD Greg Hammett, Belridge WSD Tim Ashlock, Buena Vista WSD Dave Ansolabehere & Dave Hampton, Cawelo WD David Beard, KCWA Holly Melton, KCWA Jim Beck, KCWA Steve Dalke, Kern-Tulare WD Jon Parker, KWBA Dick Diamond, North Kern WSD Lori Honea, Rosedale-Rio Bravo WSD Eric Averett, Rosedale-Rio Bravo WSD Gary Sawyers, Bolen Fransen Sawyers LLP 1

4 Jason Gianquinto, Semitropic WSD Dana Munn, Shafter-Wasco ID Harry Starkey West Kern WD Tim Ashlock, BVWSD Brad DeBranch, Bolthouse Emmy Cattani, Cattani Farms Rachael Johnson, CFBF Daniel Beck, Chevron Art Chianello, City of Bakersfield Richard Iger, City of Bakersfield Curtis Skaggs, Dee Jaspar & Assoc Larry Rodriguez, GEI Consultants Patty Poire, Grimmway Greg Fenton, Kern County Kaler Ayala, Kern County Supervisor Mike Gleason Beatris Sanders, KCFB Greg Wegis, KCFB Joe Hughes, Klein Law Robert Kuhs, Kuhs Parker Law Robert Hartsock, McMurtrey, Hartsock & Worth Doug Nunneley, Oildale Mutual Sammy Gardiner, Pacific Ag Mgmt Robert Guff, Paramount Farms Todd Turley, South Valley Farms Ernest Conant, Young Wooldridge Jon McQuiston Bob Smith Holly King Alan Christensen 1. Call to Order President MacIlvaine did a roll call of the Board of Directors and determined that there was a quorum. President MacIlvaine called the meeting to order at 8:03 a.m. 2. Public Comments None 3. Minutes A motion was made by Director Couch and seconded by Director Fast to approve both the January 21, 2015 regular board meeting minutes and workshop minutes as presented. A roll call vote was taken and the motion was unanimously carried. 2

5 4. Treasurer s Report Mr. Diamond gave a report to the Board. A motion was made by Director Couch and seconded by Director Selvidge to approve the accounts payable as presented. A roll call vote was taken and the motion was unanimously carried. 5. Groundwater Management Work Plan a. GEI Update Mr. Rodriguez reported that they have been working with the committees as needed. They are preparing a task order for the urban committee consisting of GIS work and mapping. b. Committee Reports i. Urban Committee Report Consumptive Use Analysis Mr. Beard reported that they held a meeting on 01/27/15. The next meeting is scheduled for 03/19/15. Committee Tasks 1. Creation of an Urban (or Domestic) Groundwater User Map within the Kern Groundwater Authority area of interest. The map will be a tool for water districts to use in their outreach efforts to domestic groundwater users within their respective boundaries. The proposed map will have the following layers: San Joaquin Valley Groundwater Basin - Kern County subbasin boundaries ( ) Water district boundaries (including agricultural, municipal districts, public water systems, retail water companies, community services districts, etc.) City boundaries City spheres of influence Locations of registered domestic groundwater well owners, municipal well owners and public water systems within the KGA area of interest subject to Sustainable Groundwater Management Act provisions Proposed commercial/residential developments expected to be constructed by Participating water districts will use this map as an outreach tool and will need a contact list of the domestic/municipal/public water system groundwater well owners within their boundaries and KGA area of interest. ii. Surface Supply Workgroup Report-Yield Analysis - Mr. Averett reported they held a meeting on 02/13/15. The next meeting is scheduled for 03/02/15. He reported that the main topic of discussion was; What is Safe Yield? We all need to work together on a common understanding of this is and agree on the assumptions. At our January 9, 2015 committee meeting it was decided that all of the members produce a draft white paper defining safe basin yield and the 3

6 components thereof. Note that there may be differences in the traditional definition of safe yield and the SGMA sustainable yield. Sustainable groundwater management, according to the legislation is the management and use of groundwater in a manner that can be maintained during the planning and implementation horizon without causing at least one of the following undesirable results that rise to the level of significant and unreasonable: chronic lowering of groundwater levels reduction in storage seawater intrusion degradation in water quality subsidence surface water depletions Committee Tasks Complete White Paper (Eric Averett and Jason Gianquinto working on this item). What makes up Safe Basin Yield? What method should be used to determine balance Check Book Method or Water Level Method? Natural and Unavoidable Losses needs to be defined. Conveyance System Recharge must be agreed to. Who may count recharge in the River, Streams, and Canals - must be agreed to. Underflow (groundwater flow in and out of a GSA) needs to be reckoned with. We should develop a methodology and philosophy that will all for changes in the future, i.e.: allow hydrology to alter the program year to year. Underflow north out of the County must be determined. How do economics dictate the process of managing Sustainable Basin Yield? Undistracted lands must be accounted for. How will the County manage this issue? Information to be provided in report to KGA Board The Committee has been charged by the Authority to draft a policy statement to answer these questions. These will be the discussion topics at future meetings: Define Safe Basin Yield and Sustainable Yield. What components go into the Safe Basin Yield? What triggers should be used to manage within the County? How will the Groundwater Sustainability Authorities (GSAs) manage fallowing, reduced pumping, etc.? 4

7 6. Discussion on Approach to Implementation of Groundwater Regulations Mr. Averett reviewed one of the topics discussed at the Workshop on 01/21/15. He discussed the three possible structures: 1) Single GSA with Single GSP multiple members/single plan; 2) Multiple GSA with Single GSP different GSA chapters for each member/coordinated GSP agreement; and 3) Multiple GSA with Multiple GSP multiple plans using common data. He stressed that this structure needs to be decided sooner than later so we know how to navigate through the process. a. Basin Boundary Issues Mr. Averett reported that ACWA has formed a committee to help DWR with boundaries and overlap. Mr. Paul Hendricks from Tulare is the Chair. They are discussing the following issues: 1. Basin Boundary Issues Inter-Basin and Intra-Basin. How do we work with our neighbors to the North? We need to work together. 2. Definition of undesirable effects with respect to water quality. 3. Overlap between Urban, County and City need coordination and administration of new requirements. b. Discussion on Overlap Issues Mr. Averett led the discussion in regard to District overlap issues with the Board. Discussion points included: 1. Identifying who is going to designate and make decisions within these overlap areas. 2. District Boards need to reach out to landowners Put together touch points to get to Districts to inform them to avoid any complications A website domain has been reserved and is currently being designed. It will be live soon so that the Districts can direct landowners to it for information. Ms. Honea will forward the domain name to members as soon as it is live. c. Public Outreach/Workshops-Next Workshop Date It was discussed to host the workshop next month in lieu of the regular meeting. Date/time TBA. Discussion of Issue Questions from January 21 Workshop Mr. Averett reported that there were no questions from the last workshop. Some future workshop discussion points need to include: 1. What direction this group is going narrow down 1 or 2 structure options 2. What do the Districts need to do going forward regarding participation and commitment? 7. Coordination Activities a. SB4 No report b. CASGEM No report c. ILRP No report 5

8 8. Attorney(s) Report Mr. Sawyers reported that there is a substantial amount of work being currently done to try and clean-up the Groundwater Legislation Bill Language; in particular SB 13 Committee Bill. Mr. Conant reported that there are current efforts going to the Governors statement in regard to streamlining the adjudication process. 9. Old or New Business None 10. Adjournment A motion to adjourn the meeting was made by Director Couch and seconded by Director Blaine. A roll call vote was taken and the motion was unanimously carried. 6

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20 KERN GROUNDWATER AUTHORITY CONFLICT-OF-INTEREST CODE The Political Reform Act, Government Code Section 81000, et seq., requires state and local government agencies to adopt and promulgate conflict of interest codes. The Fair Political Practices Commission has adopted a regulation, 2 Cal. Code of Regs. Section 18730, which contains the terms of a standard conflict of interest code. It can be incorporated by reference, and may be amended by the Fair Political Practices Commission after public notice and hearings to conform to amendments in the Political Reform Act. Therefore, the terms of 2 Cal. Code of Regs. Section and any amendments to it duly adopted by the Fair Political Practices Commission are hereby incorporated by reference and, along with the attached Appendix A and B, in which members and employees are designated and disclosure categories are set forth, constitute the conflict of interest code of the Kern Groundwater Authority. Designated employees shall file their statements with the Kern Groundwater Authority, which will make the statements available for public inspection and reproduction. (Gov. Code Section 81008). Statements for all designated employees will be retained by the Authority.

21 APPENDIX A DESIGNATED EMPLOYEES General Counsel 1 Secretary 1 Assistant Secretary 1 Assistant Treasurer 1 Consultants* *Consultants shall be included in the list of designated employees and shall disclose pursuant to the broadest disclosure category in the code subject to the following limitation: The Acting/General Manager may determine in writing that a particular consultant, although a designated position, is hired to perform a range of duties that is limited in scope and thus is not required to comply fully with the disclosure requirements described in this section. Such determination shall include a description of the consultant s duties and, based upon that description, a statement of the extent of disclosure requirements. The Acting/General Manager s determination is a public record and shall be retained for public inspection in the same manner and location as this conflict of interest code. **The following positions are NOT covered by the code because they must file under section and, therefore, are listed for informational purposes only: Acting/General Manager Directors Treasurer An individual holding one of the above listed positions may contact the Fair Political Practices Commission for assistance or written advice regarding their filing obligations if they believe that their position has been categorized incorrectly. The Fair Political Practices Commission makes the final determination whether a position is covered by section

22 APPENDIX B DISCLOSURE CATEGORIES Category 1: Full Disclosure A designated employee in this category is treated as a mandatory/statutory filer and thus must report all reportable interests in real property within the Authority s jurisdiction, as well as reportable investments, business positions and sources of income, including gifts, loans and travel payments. Category 2: Full Disclosure (excluding interests in real property) A designated employee in this category must report all reportable investments, business positions and sources of income, including gifts, loans and travel payments. Category 3: Interests in Real Property A designated employee in this category must report all reportable interests in real property within the Authority s jurisdiction. Category 4: General Contracting For Entire Authority A designated employee in this category must report all reportable investments, business positions and income, including gifts, loans and travel payments, from sources that provide leased facilities, goods, equipment, vehicles, machinery or services, including training or consulting services, of the type utilized by the Authority. Category 5: General Contracting For Specific Department All investments, business positions and income, including gifts, loans and travel payments, from sources that provide leased facilities, goods, equipment, vehicles, machinery or services, including training or consulting services, of the type utilized by the employee s department or area of authority.

23 BEFORE THE BOARD OF DIRECTORS OF THE KERN GROUNDWATER AUTHORITY IN THE MATTER OF: Resolution No. RESOLUTION ANNOUNCING THE FINAL ADOPTION OF A CONFLICT OF INTEREST CODE WHEREAS, in accordance with state law, the Board of Directors is required to adopt a Conflict of Interest Code for the Authority; and WHEREAS, in accordance with state law, the Authority prepared the attached Conflict of Interest Code and Notice of Intent; and WHEREAS, in accordance with state law, the Authority provided a 45-day comment period in which interested parties could comment on the Code before its adoption; and WHEREAS, the 45-day comment period has passed and no interested parties commented on the Code and no hearing on the Code was requested. NOW THEREFORE BE IT RESOLVED, by the Board of Directors of the KERN GROUNDWATER AUTHORITY as follows: 1. The attached Conflict of Interest Code is formally adopted by the Board of Directors of the KERN GROUNDWATER AUTHORITY. 2. Staff is directed to take such steps as necessary to properly file the attached Conflict of Interest Code with the County. ALL THE FOREGOING, being on motion of, seconded by, was hereby authorized by the following vote, to wit: AYES: NOES: ABSTAIN: ABSENT: 1

24 I HEREBY CERTIFY that the foregoing is a true copy of the resolution of the Board of Directors of the KERN GROUNDWATER AUTHORITY as duly passed and adopted by said Board of Directors at an adjourned meeting held this 25 th day of March, WITNESS my hand and official seal of said Board of Directors this 25 th day of March, (SEAL) Secretary of the Board of Directors 2