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Home My WebLink About10/15/2013 WB Agenda Packet Special MtgCity of Bakersfield Water board Special Meeting of October 15, 2013 Chagoopa Plateau looking east of Guyot Flat Water Resources File Packet 0 0 /000 B A K E R S F l E mftftft L D Wz%7ER i3OARI:D Bob SmKh Notice is hereby given that a Special Meeting of the city of Bakersfield Water Board will be held on Tuesday, �fober 15, 2013 of 2:00 p.m., in the Water Resources Building Conference Room, 1000 Buena Vista Road, Bakersfield, CA 93311. The agenda is as follows: AC:�LND� 1 CALL 1C�) C)F'�ULf? RC��LL CALL 3. M�NU7ES A. Minutsls of the Regular Meeting of July 24, 2013 for a pro a, - For Board Review and Action Y. P U B C S 4 U 7 E LI V ll F N7S A. Kern Dover & Isabella Reservoir Operations Report - For Board information B. Update on Kern Integrated Regional Management Plan (IRWNIP) Grant Application - For Board Information 6. NEW BM&NESS A. Agreement with North Korn Water Storage District for Participation on Kern raver Weather Modification Program for 2013/2014 Season - For Board Review and Action 7. WA7ER BOARD S7A7FevilEN7S A. Conference with Legal Counsel - Potential Litigation Closed session pursuant to Government Code Section 54 56,9 (d)(2),(e)(1) (Two masters) ' GLC�SED SESSIC�)N AC:TI� N' !1! AC�)JOOURN FNT --al a -"' % ART CHIANELL , P.F. Water Resources Manager POSTED, October 11, 201 Sp ecini Wa ter Board Meeting _ ctober 15, 2013 A. Minutes of the Regular Meetin of July 24, 2013 for approval - For Board Review and Action M0[ U7S OF THE REGULAR M7HUNG OF E WA7Ec:R BOARD — CffY OF BAKERSFMD Wednesday, Ju�y 24, 2013 - ice:®® p.m. Water Rosources Building Conference Room 1000 Buena Vista Road, Bakersfield, CA 93311 Chairman Hanson called the meeting to order at 2:00 p.m. 2. ROLL CALL moffon by Johnson to app�cvq the mg`hu�qs 0� fhq Fagu§aF bneeffng (()� May 89 20T3. APPROVED ALL AYES 4. PUBEC SVA7EMEN7S Wce-cha§r Johnson �hq PFOPosqdsign design and the §ocaffons and au�hor§zqd S�Gff �0 Yoffow-up. B. Dennis Fox spoke regarding Assembly Bill 711 sponsored by the '-Iumane Society of the United States regarding eliminating lead bullets. Mr. Fox also suggested that a portion of the state tax received for habitat be used to mitigate the delta project. A K E R S F I E L D M0[ U7S OF THE REGULAR M7HUNG OF E WA7Ec:R BOARD — CffY OF BAKERSFMD Wednesday, Ju�y 24, 2013 - ice:®® p.m. Water Rosources Building Conference Room 1000 Buena Vista Road, Bakersfield, CA 93311 Chairman Hanson called the meeting to order at 2:00 p.m. 2. ROLL CALL moffon by Johnson to app�cvq the mg`hu�qs 0� fhq Fagu§aF bneeffng (()� May 89 20T3. APPROVED ALL AYES 4. PUBEC SVA7EMEN7S Wce-cha§r Johnson �hq PFOPosqdsign design and the §ocaffons and au�hor§zqd S�Gff �0 Yoffow-up. B. Dennis Fox spoke regarding Assembly Bill 711 sponsored by the '-Iumane Society of the United States regarding eliminating lead bullets. Mr. Fox also suggested that a portion of the state tax received for habitat be used to mitigate the delta project. Bakersfield, California, July 24, 2013 - Page 2 4. PUBL0C S7AV MEN7S cony hued C. Rudy Valles, DistTict Manager, California Water Service Company, introduced himself and Stephanie Hearn, Water Quality Project Mancger. He stated Cal Water will continue to provide quality service to the City. KERN RIVER LEVEE DIST ICT A. Isabella Dam Scfety Modification Project Update. �� REf'C�RTS A. Kern river & Isabella reservoir Operations report John Ryan, Hydrographic Supervisor, reviewed the grciphs and stated the Kern River natural flow and regulated flow is down. The Isabela Reservoir storage is extremely low fcr the year. Storage is currently at 71 ,300 acre feet, and the Aril -July runoff is at 1 02,000 acre feet, below normal. Board information only, no action taken. B. Presentation by Representatives of California Water Service Company regarding Annual Consumer Confidence Water Quality report. Art Chianello, Water resources Manager, introduced Stephanie Hearn, California Water Service. C. Fish & Wildlife Service Designation of Critical Habitat for t� -)e Buena Vsta Lake Shrew report. nukersfoeld, C fforni , July 24, 201 3 - Page 3 3. NEW BUSS ESE A. water Sale Agreement with Kerry River Endowment Fcundatoon. Art Ch anello, Water resources Manager, stated the Panorama vista Preserve consists of approximately 936 acres and 50 percent is on the City limits. The Foundation has received state grants for their re- vegetation project. The Foundation is see .king to secure a water supply for the future planting project. �liu O�§Ofl by Johnson �o approve ohs Way er Sa§G Qgirsernsn wRh Kern R§Yar B. Update on Kern Groundwater Management Committee. C. water Conservation lnserts Mailed With Monthly water o lso Russell Johnson requested staff also do a Water Awareness Poster Contest with schools. 6�iv ®ta®n by Johnson to approve $8000 fro §flC§Udq vfa� '-ar consann' —A on afl ®orm a §ofl on the m®nNy b§Hs for f wo (2) mon §hs a ysay'o AA' 11200 D v�IG AYES Bakersfield, California, July 24, 201 ® Page 4 9. My SCCFLLANROUS None 10. WAYER BOARD F °,VE�liv ENYS Harold Hanson directed staff review membership Costs for the Water Association of Kern County and inform the Board. 11. CLOSED SEM N None ' C LC�)SED SESS �)N A�: TIC�N None Chairman ! adjourned the meeting I 3:08 p.m. Harold Hanson, Chairman City of Bakersfield Water Board Bobbie Zaragoza, CIVIC Secretary, City of Bakersfield Water Board Spec! al Wa. ter Bon- - Meeting ctober 15, 2013 A. Kern Rives & Isabella Reservoir Operations Report m For Board Information ui o� 0 cn M 0 LLJ cn ui cr. w Cl) ca w 0 .J W LL a w CV) T- CM M I 0 cm LLJ cr CV 0 .j U. .j 4< o� z cr. w z cr. w �e rn Iry 0 Cf) 1 � (SmISG41U9JOd UD UOIJBAGJEJ� J.JOV UD 3E)VdCJS 0 C) C:) C) 0 Q 0—. 0 0 0 0 C) ilw o U- LL U-- o U- 0L" L- 0 Ll- 0 (=) 0 LL cf� Lo C\l C) - CY) 0 co - C) C\j 0 o 0 (-- 0 c) C) ,t C) 00 0 C) cf) 0 Ln 0 C6 0 C6 cr) 0 1 (:5 w Rt CT (o 0) CT c", It CT Lo 00 C\' C\i Lr) �o _CD C:) 6 0 0 CD Lo C 0 LO 0) C) co LO co r-- V) CD Lf) Lo c) "qr LO co co N LO (0 N LO C\l Lo C\j Lo C\l cf) Lo C\j cr) LO C\j N LO C\j C\j LO N LO Ir— N 'r- C\J Lo LO C\j rn Iry 0 Cf) C 0 CD 0 0 C 0 0 C) 0 0 0 0 ® 0 0 0 0 LO LO C LC 0 LO 0 LO 'It CY) ce) C\j C\j 7— T- CINOOAS H3d iD3--Joiqno 0 C) 0 LO (Y) CIO 19 CY) cu 2 UL CIS 0 C\l 0 1 � , 7 0 U. 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Z I I i , U) 0 f I FL Q 75 °o C) C) C 0 C) C) C) 0 0 0 0 0 0 0 0 0 C 0 m 00 (D LO It CY) T- CIN003S H3d 133Joiano ow"I CL (D U) V) Nil M c CL co 2 19t .0 CD LL 0 0 z Special Water Board Meeting 5. REPORYS conNnusd October 15, 2013 B. Update on Kerry integrated Regional Management Plan (IRWN/IP) G Application - For Board Information • A K E R S F I E L D MEMORANDUM October 10, 2013 TO: WATER BOARD MEMBERS HAROLD HANSON, CHAIRMAN RUSSELL JOHNSON, VICE CHAIRMAN BOB SMITH FROM: ART CHIANELLO, WATER RESOURCES MANAGER SUBJECT: UPDATE ON KERN INTEGRATED REGIONAL WATER MANAGEMEN PLAN (IRWMP) GRANT APPLICATION WHICH INCLUDES THE URBAN BAKERSFIELD WATER USE EFFICIENCY PROJECT Great news! The City has received word that the Department of Water Resources (DWR) has released the Draft Funding Recommendations for the Round 2 Implementation Grants. The Keen IRWMP application scored very well and is recommended to have 100% funding! DWR recently accepted public comments until October 10th. They also held a Public Comment Meeting and Open House on October 7th in Sacramento. During the public comment period the City submitted the two attached letters of support from Mayor Harvey Hall and Councilman and Water Board Chairman Harold Hanson. The total funding recommended by the DWR for the grant and matching funds is $8,012,000, with $837,000 allocated to the City of Bakersfield and Kern County Water Agency Improvement District No. 4's (ID4) Urban Bakersfield Water Conservation Project. The City and ID 4 requested $624,157 in grant funding and have proposed $212,,533 in matching funds (26% matching funds) . The City's total project cost is approximately $763,000 and ID4's project cost is approximately $73,000. Background: The City of Bakersfield Water Resources Department and ID4 collaborated with four other Kern County water entities and submitted a Round 2 Implementation Grant Proposal on behalf of the Kern IRWMP Group. The Application was submitted on March 29, 2013 to DWR. The City and ID4's program will promote water S: \2013 MEMOS\2013- 10-10 Water Board IRWMP Grant application upda-te.doc October 10, 2013 Kern IRWMP Page 2 conservation for residential, commercial, and municipal customers through rebates, retrofits, and education. The project represents the initiation of integrated programs, as well as the continuation of existing efforts,, to bring the Greater Bakersfield sub-region, which contains the Kern IRWMP Region's largest urban areas, into compliance with two statewide water conservation initiatives, AB 1420 and SBX7-7. The three programs included in this project are: 1. A municipal irrigation program which will build on existing City efforts to improve the irrigation efficiency of its parks by installing evapotranspiration based automated central controller systems. 18 parks will be retrofitted and brought on line in this effort. 2. A residential and commercial conservation incentive program, which would build on Cal Water's existing program in their water service area. The program would offer rebates, vouchers, and water audits for commercial and residential customers in the City of Bakersfield's water service area. 3. ID4 would extend their existing wcter education efforts to include high schools, develop a high school curriculum, and implement teacher training events. It is expected that the three programs would save about 2,800 acre-feet of water over the lifespan of the programs' measures. This is about as much water as 2,800 families would use in a single year. S: \2013 MEMOS\20 13-10-10 Water Board _IRWMP grant application update.doc N Mayor Harvey L. Hall City ol'Bakersfield C �,,Mgrate o n V, 'sior c C ST j� J Post ice So C 428 Dear F. �I On behc�,,,,� of ',the Reg�,ona[ Group (RWMG) paffci`�--4alrts �n the 7u&e oke icr Ir �, 3asin Portiotn of K:1Drn, Couinty Into grafe,-,J, Regicrol Water N/ ,agemen" O( pan Kern �VOAP')I, we vv, s to thank,, voLv fo- Ihe racer -irnendation f I re-e n- fun 'En of the Kerin, IR<KAP's Round, 2 Imo ooG ernentaficr G-,Mnt o ppl�cafcrjn. T'!I�s phi Pion submitte d,! under the aegi-s of RKOG participant T,-,ahaChap'-CUMF-rlc(,,7gr; Countly Water Dieu icfr, represents tl'rie �T'rsf lime "he Kern RWMP has app��eal for fu,ndeirig under fl,� e RWM ?rcgrcm. -ces' (DVVR) The City of BuVczrrsfleid wholehe suppor"Cs the Dep art menI, of Watcer Res= recommendction, and .�ng�y- urc-1--e DWR to rnainta�n the Kvern RWNIP funding r� commendotion of c -'s curren-� G evel of I CC percent. The supte-. of five projects in phis appNcation, trucure which inC.Iludel. water use efficirzncv, watei, quaFty f 11 flood management and infras i raides, as 'vve[; as attendant ber,�eflts 'o bca P9 I' a Disadvantaged Commun ties, wcI� provide tremendous va�ue to our TegiOr. that WcI� also accrue to the Tulare Lake Hydrologic Region. In r fac,"J�, 60 Perc,.=.nt of the grant w;�N '�jnd prcjec�4s ',",or muit#e Disadvan o ,,,ommuni"Nes. A funding award of less than 100 p0erceni, w�,111 make �t difficUt for some ag Ella cies to g t their projec-fs and achieve the dr----AF',Ired, benefits. Therefore, we apprec gat e and support D s furding I-ecommendatiore. The Kern RWMP RWMG looks forward to working w-ilrhDWR to implement the projeacts col.,Ifained �n our rd 2 �,mpllemenliealfion Grant appOiccfl or,, and confinuing nning i ., our efforts to pro, mote RWM No the Kern Region. -dIW del S i VO Harvey L. Hall Mayor 11 Bakersfield City Hall I Truxtun Avenue I Bakers-field CA 93301 (66 1 ) � '226-3770 I Fax (661) 852-2035 E R S F I E L D C A L I F 0 R N I A 1600 Truxtun Avenue *Bakenifield, California 93301 • (661) 326-3767 o Fax (661) 323-3780 '4 rectors Ted all ECI -C�Nl Wa[[a D1v"Ls1cn Past Officc Box 94-2k336 lvlichae� R-X'On' Sacramento, CA 9423 6 DivLsic[l Dear M7. Waltace. Adrienne J- IN"lailliew's On behalf of the Regional, Water � [anagernenL GT-cup paft:icyip�an""S in Royce Fast BaS7 vred Reg,ibnal Water the Tu�are Lake -n Portion of Kern Countv fn�egr Dive mn 6 Manage7-i-ent Phan, (Kern, ',RWMP), we w,-'sh to thank you for i.-he recornmendation Gene A- LUPd,-q, UiSt for :GG percent fundk,. g of the Kern IRWMPs Round 2 Impliementation GT U Vice Preside.rtt a pHcat-ion. This application, submined under the aegis of R'AfMCi p. art,.ci Division ". P, t? 1 Tehachapi-Cummine",s County W,-Iter District, represents the firsL zime che Ke M" James N1. Beek IRWM-P has applied for and received funding under 1he IRWNI Progpfr.. Geveral NlanaueF arted ly sup ports Lie Deparunent (of The K ern, County WaleT Agency whoiched AmehaT iMinabc- ire e'rarai WaTeT Resources' (DWR) recommendation, and strongly UrgEl's DWR Ic mainta�n General Counsel the Kern �WIVMP funding recommendation. at 11S CUFFCM level Of I X PeTCenl. The suite of five projects in this apphealion, which inc4uidc w4a�eT use Y' A-� water quaEty, flood management and MfraslTucture upgrades, as %veH as nxndanl benefits to kcal Disadvantaged Communities, w'OH provide, tre-mendous value to our region that fl also accrue to the Tulare Lake Hydi-ologic. Revlicn. In fact, 60 percent of the grant will fund prqjecls for muDliple Disa,dw nlacred Conimunifles, A funding award of less than 100 percent wiH make it ditficull for some agenci-,-S to implement their projects and achieve the dcSired benefuts. (661) 634-1400 Malfin ai Address Ro. Box 58 Bak-.-rsfidd, CA 93302-0058 Street Address 1200 Rio Mirada Dr- Bakersfield, CA 93308 ThMfOM we appreciate and support DWR's funding TeCCITIMendatiOn. The Kern IRWMP RWMG loops forward to working with DWR to irnp lemeznt the pre sects conlizined in our Round 211rnplementallon Grant application arc{ continuing our efforts to promote IRWM Planning in the Kern Region. sinccre rY' '4 James M. Beek General Manager STATE CAPITOL P.0, BOX 942849 S A H A M LEN T 0, A 9� 4 2 4 9 0 0 2 E (c, 1 '3 l 3 02. 6 S 319.21 FAX WEB October 9, 1013 CONNIE CONWAY ASSEMBLYMEMBER, 26TH DISTRICT A ASSEMBLY REPUBLICAN LEADER California Department of Water Resources Division of Integrated Regional Water Management Financial Assistance Branch Post Office Box 942836 Sacramento, CA 94-236 Attn: KeHh W,,flE2ce Dear Mr. Wallace: DISTRICT OFFICE 113 NOR "TH CHU H C I i `3T, SUITE 505 VISALIA, I , "'A 93291 (559) 636-3440 )"54 616-4484 FAX E—MAIL On behalf of the Regional Water Management (35r pup (Rwl\VlG) participants in the Tulare Lake Basin Portion of Kern County :ntegrated Regional Water Management Plan (Kern IRWMP), I want to thank you for recommending full funding of the Kern IRWMP's Round'.-) Implementation Grant application. Th* L" is application, submitted by Tehachapi-Cummings County Water District on behalf of the entire RWMG, represents the first time the Kern IRWMP has applied for funding under the iRWM Pro,,ram. I Fully support the Department of Water Resources' III WR) recommendation'. and strongly urge DWR to maintain the Kern IRWMP funding- recomi-nendation at its current level of 100 percent. The suite of f,--Ive projects in this application, which include water use efficiency, water quality, flood mami.gement and infrastructure upgrades, as well as attendant benefits to local disadvantaged communities, will provide tremendous value to our region that will also accrue to the Tulare Lake Hydrolocyie Region. In fi act, 60 percent of the grant will I'Lind prc�jects for multiple disadvantacred communities. A funding award. of less than 100 percent will make it difficult for some agencies to implement their projects and achiev, .-. the desired benefits. 1 appreci,,--itc and support DWR's funding recommendation. My off -ceand the Kern IIRWMP RWMG looks forward to working with DWR to implement the projects contained in our Round '2 Implementation Grant application and continuing our eff(--)rts to promote IRWM Planning in the Kern Region. Sincerely, 47, vo, Connie Conway Assembly Republican Leader, 26t" District M J A i R I P C) A M A L L a ru t ANDY VIDAK "-A -F E E N T Fi S F IN DISTRICT' -,d -1 October Q. -20 1 Call fornM Depc'Artinent of �`atcr RCSOL11-CCS of Integ)rated Reolontal \k, '(ater Mana0ement ,�Ssistc,urlce 131-I'Linch \ttn: Kelth Wallace Post ("'ce Box 941-836 Sacramento. (A 94'02.36 Decar W'"LlItace: I On belicaffol't..he Reolonal ter Manageinent (.11-c-)up partpants in the "Fularc Lcake Z17' Bcasin F'Orti011 Of KCI-11 ('()Ullt hItC2111ted Re(I)MI-Ic'11 Nk'L'Iter N41anagement Pi(tn Kern "it 1R%V%11 Plan)� I subniit this IeV. L�r th(,.-mk- Imo vou I'm- vour I00") fund, �- MO FeCC11111,11elick, Ion of L -Ipph the reolon's Round InIplementation (' L orant L, Ication. -I and StrO1101V UI'Oe N,'Otl tO Rlzuntcaln flIC wf1o1ehe'a--"- --ily Support recomn-lenciatim 4. t� . Kern Region's reconin'iencled funding level at 100%. 4 "1 *c1c trenim-idous N- lue to the rco* The five proposed pro*ecls 1 1 11011 J I a M"Id 11-11proV,11-10 Water rUse effiCIC11Ck'. �,VLIM' CILUditV. 1100d 1T1('11-K1f(-)ClTIei'It C'UIC StRiCtUl't- Z:17 - I 1- '6 1 'Ll cl C A ` - mliv - the prov-1 flig t Itend, tit benell.ts to loc,,,-ti disacivantwed dd-,tioi 111"Luntencance of vourrICCO111111clic' I00% fundino level I'S C'Specicall"", CrIticcal toy pro' jects like that of the C ItN: ill M\- CI]Stl'iCt WI iCh SLItTers from ,Li dispropol-tip )11'Llte C'MIM111t d1Sadv(a11tco,)ecI residents. \k"ithout 11111 fundino, the city %\ould h(L.1ve no other provls�on to ren�icdv a lono-stLuncfinp, flood problell-IL on tile c1tv's South sicle 4 tll*S IMC11' Ol'SUPPOI-t. please do not hesitate to S'liould N.ou have any m 1011S 1'e2c 11 c c -1 i 1- � IL c o n t(,.,t c thee. e. sincerelv" vz- senLator I 6tr District ST , ATE CAPITOL P 0. BOX 942284 L; SACRAMENTO, CA 94249-OOSP- (P 1 6 319-2002 FAX (,c) 161 $19 -2132 Ootober 10, 2013 RUDY SAEASJR, A3SEiMBLYMEMBEPi, THIRTY - SECOND DISTRICT California DepartmcW orWater Rosourc-eq Division of Integnated Rcglonal Water N12inacrement F�,uancial Assistance BT;inch Post Offlce Box 942836 -1 Sacmmenio, CA 94235 Attn: Keith Wallace Dear Mr. Wallace: COMMITTL5$ AC,r,,,(7UNTABIL1TY AND ADMINISTRATIVE REVIEW anvFRNMENTAI, ORGANIZATION V5TFiRANS AFFAIRS SELECT CQMM,=F-ES CHAIR, FIE510NAL APPROACHES TO ADDFESSING THE STATE'C- WATtP CRISIS CHAIR. WORKFORCE AND ,A)CATIL)NAL DEVELOPMENT IN CALIFORNIA CALIFORNIA'S HIGH TEC`HN0[-0Gy COMMUNITY COLLEGES PRIVACY On behnlf of The ategional Water Manaarement Group (RWMG) parli6paTils in the ]'Li�are Lake Basi-i Portion of Kem County Integrated Regional Watei- plal-i (Kern IRWIvf P), I want to ffiank you I'U-r recommending full funding or the Kern 11�WMPs Round .2 This application, s�il)vnitted by "l ,Cummlngs County Water District on behalf of the entire RWMG, represents th-.:- first tlIne the Kcrn TRWMP has applied for funding under the XNM Program. eater Resources' (DWR) recommendation, an wrongly urgu, DWR to i fully wppon the Departmeni of WL c�,I-ejjt leve of 100 perGet. The suite of five. mainmaintain tfic er-n I KMMIP funding recommendation at u � Ti pr 'ects in tins appil-c-2LAI-on, which include water use efficiency, water quality, flood '=19eillel2ticnd iffraStr=tUre upgrades., as weN as aaend�int benefits to kx,-a� disadvantaged oommunitic.'s, ivffl provide tremendous value to sir region that will also accrue to the Tulare Lakc T4vdrologlc In -fact, 60 Percent of t1le fund prqjects for multiple disadvantaged communitles. A firadv-18 award Of less ql_ - than 100 percenit will rnak-e it diffirull forsome. -agencies to implement thcir projects and achieve this desired benefits. i appreciate and sup?oil DWR's funding T-coo rnmendatiom My officeand the Kern IRWMP RWMG looks for-ward to woTkiing %vlh DWR to iinplemcnt the projects cx)ritalned in our Round 2. 1 mplomentatioll Grant appiicatlon and continuing our efforts to prornotc IRWM Planniner In the Kern Rap' 0 Rap' on, Sincerely, 4W RUDY ',3ALAS Member orth� AssemNy 3 F21"d District DC87R5CT0FFICF-- KERN GOU-4TY DISTRICT 1430TRUXTUIN AVENUE. SUITE 8D3 -, IBAK53S,17'a"LD, QA 932o1,,(66J)335-0--192 &FAX (661) 6OJ35-0361 KING$ COUNTY 112 COURT ST9EFT, SU 1EE 201,p HANFORD, CA 93230 4 (5591 55,3151-7170 - FAX (5:59,� 5857175 Printed on RR�-yr�lod F ioor BOARDS: � �. d,� u �C4°l� &kntz- � 1�° lyC�r1S •� CPC MMGT :, EE`: VIVLDLOG°E CONSERVATION BOARD � RULES CALIFORNIA COMMISSION VICIE CHAIR ON D('AB01.0TY AC'CF—SS -NERG`o', UTILITIES �c COMMUNICATIONS �. •w CAUCUSES: VVC- CHAIR LEGISLATIVE WCP+ �� °� CAUCUS �w 4r ,' rt` ;• ; �: NATURAL RESOURCES �c WATER ,csr i� rti �� .!•s i OUTDOOR SPORTING CAUCUS `� r�t��.�r�,��`'- - EN V 0 RO0y M ENTA b;._ OUA L0TY RURAL CAUCUS JOINT COMMITTEES: JEAN FULLER. LEGISI_ ATIVE AUDIT October 10, 2013 SENATOR, EIGHTEENTH DUST CT RULES BUDGET CaHfornia Department of Water Resources Mvisoon of integrated Regiona Water Management Nnancoa0 Assistance Branc h Post Off icc Box 942836 Sacramento, ACA 94236 Attn: Keith WaHace Dear Mr. WaHace: On beha F of the Regiona0 Water Management Group (RWMG) participants in the Tulare Lees Basin Portion of Kern County Integrated Re&na0 Water Management Han (Kern '1R P), l want to thank you for recommendng Ml fundung of the Kern �RWMP's Round 2 OrnpOeanentatoon Grant appHcaflon. This appkatoong submitted by Tehachapi- u mm� 'n s County Water District on ehaOf of the entt e RWMG,, represents the farst t6me the Kern 0 RW M P has applied for fkAndin Under the MWM Program. 0 ft0y support the. Department of Water Resources" (D R) recommendafoon, and strongly ail - e- D AR to rviaontaun the Kern iRWMP funding recom endatoon at its current Uevel of 100 percent. The suite of five projects an this appkation, which onc�ude water use effica ncy,' writer quality, flood management and infrastructure upgrades, as weH as attendant benefits to �ocaa disadvantaged communities, wiH provide tremendous vaOue to our region that wHl also accrue to the Tug are Lake Hydro0o 0c Re &m, 0n fact, 60 percent of the grant u00 fund projects for mug tt p0 &advanta ed communitoeso A funding award of Oess than 100 percent wM make of do ocu t for some agendes to arnpDement thee r projects and achieve the desired henefots. 0 appreciate and support D Res funding recommendation. My office and the Kern MWMP RWMG Oooks forward to worMng with DWR to omp0ement the projects contained [n our Round 2 Dmp� ementatuon Grant appkation and continuing our efforts to promote q WNA Nanning in 'he De.rn Region. CAPITOL OFFOCE: STATE CAPITOL, it 00M .3063 *SACRAMENTO, GA 95814 0 TEI— 016) 651 -4010 o FA?C (°16) 322-3344• DISTRJCT OFF, OCE: 5701 I'RVJiL`0 UN AVE., 5x_90 F 150 a BAKERSFIELD, CA 93309 0 TEL (66t) 323-- 044,-1 a FAX (661) 323 - 4446 STATE CAPT-TOL A S S F, M N) L Y Room 4208 Sacramento, CA 95814 CA L�FO_ RmA L]FG :SLA7URE (916) 319-2034 FAX (916) 319-2134 HANNON GROVE ASSFIMBLYMEMBER,, THIRTY-FOURT11 DISTRIC."T 10/ 10112-0 13 Calil' mia Department of Water Resources Division of Integrated Regional Water Management Financial Assistance Branch Post Office Box 9421836 Sacramento, CA 942-36 Attn: Keith Wallace Dear Mr. Wallace: DNTRECTOFFUCE 4901.) California AveflUe, Suite 100-13 Bakersfield, CA 93309 (661) 395-2995 FAX (661)-395-3883 On behalf of the Regional Water Management Group (RWM('11) participants in the Tulare Lake Basin Po---tion of Kern County integrated Regional Water Management Plan (Kern IRWMP), I want to th,---nk you for recommending full fundincy of the Kern IRWMP's Round'-) Implementation Grant application. This application, submitted by L-1 T Thad hapt- Cummings County Water District on behalf of the entire RWMG, represents the first time the Kern IRWMP has applied for funding under the IRWM Program. fully support the. Department of Water Resources' (DWR) recommendation, and strongly uric DWR to maintain the Kern IRWMP funding recommendation at its current level of 100 percent. The. suite of five projects in this application, which include water use efficiency, water quality, flood management and im,"rastructure upgrades.) as well as attendant benefits to local disadvantaged communities, will provide tremendous value to our region that will also accrue to the Tulare Lake Hydrologic Region. In fact, 60 percent of the grant will fund pr(�jects for multiple disadvantaged communities. A funding award of less than 100 percent will make it difficult for some agencies to implement their projects and achieve the desired benefits. I appreciate and support DWR's funding recommendation. My office and the Kern IRW--MF'RWMG looks forward to working with IC WR to implement the pr(�jects contained in our Round 2 Implementation Grant application and continuing our efforts to promote IRWM Planning in the Kern Region. Sincerely, SHANNON GROVE Assemblymember, 34t" District Special Water Bo ard Meeting NFW :I.J�IN�SS October er 15, 013 A. Agreement with North Kern Water Storage District for Participation on Kern Rover Weather Modification Program for 2013/2014 Season - For Board Review and Action P.O. B ®x 81435 Bakersfield, CA 93380-1435 Administration Telephone: 661-393-2696 Facsimile: 661-393-6884 3338® Cawel® Av-,Inue Bakersfie1d9 CA 93308-9575 Water Ord-,.rs and Operations Telephone: 661-393-3361 www.northkemwsd.com ----------- ft ®r October 19 2013 Maurice Etchechury, BVWSD Art Chianello 9 COB Mark Mulkay, KDWD Dick Diamond', NKWSD Re: Weather Modification Program Gentleman: i3 1 OCT 022u CITY OF- BAKERSFIELD WATEF3 RESOURCES Attached for your info=ation is an update of a prior memo to relate to =�-rent conditions. Very Truly Yours, C.H. Williams Bcc: Dana Munn Martin Milobar P.O. Box 81435 Bakersfield,, CA 93380-1435 Administration Telephone: 661-393-2696 Facsimile: 661- 393 -6884 Kh, 4 M. I 33380 Cawelo Avenue Bakersfield., CA 93308 -9575 Water Orders and Operations Telephone: 661- 393 -3361 aiww.northkernv /sd.c®m Kern Paver Weather M®dffocafl®n (WM) Watermaster PEggram Kern River WM Program resuptso ff for s*Mp fty, we use a project yMd of 5 %, a c®nserva ve number, then w th a program cost ®f $2�5,000. A-J Runoff* ®0® Normap 5 0d0 Yoepd 700 kaf 150% 35 kaf 6 470 kaf 11000/0 24 kaf 9 350 kaf 70% � 7 kaf 13 235 kaf 50% 112 kaf 18 165 kaf 35% 8 kaf 27 X00 kaf 20% 5 kaf 43 °470 os normap, 350 us medoan totap cost used here Qs $2159®®® Qn an average (norma�) year, if water is worth $9 /af for spreading or carry over stomas, then we wouu d continue with program. Now of alternative sources ®f water, for examp0e in 20139 may have cost.- Pumping $85/af, power plus 0 &M SWP -CVP $MO/af, at Qeast Then compared with pumping, the WMvi program y'Md court be Mved t® 2.5% rather than 5% and be c®mparaMe on cost; $43/af x 2 is $86 /af or about $86 /af pumpM o Ads ®9 the WM yMd be(( --o es avaHabb e when needed (in storage) whHe pumps are Hmfted t® their capacity each day. S ®9 at Qs concluded that the WMi Program even oM this year is stcfl a venry good program for the KRL C 14 ON7RAC7 This contract entered into this "' day of October 2013 by and between NORTH KERN WATER STORAGE DISTRICT, a Water Storage District organized and existing under and L-,,y virtue of Division 14 of the California Water Code,, hereinafter referred to as the "District" and RHS Consulting, Ltd., hereinafter referred to as the "Contractor"'. WHEREAS: the Department of Water Resources, State of California, initially issued to the District a permit for Weather Resources Management (hereinafter referred to as th(� permit"), dated July 2, 1980 (Permit #11), which authorizes the District to conduct a Weather Resources Management Prograin (hereinafter referred to as the "Program"); and WHEREAS: the Contractor has on its staff qualified and recognized weather resources managcment personnel and other professionals necessary to carry out and supervise the program and has at its disposal the equipment necessary to carry out the program-) NOW THEREFORE, IT IS AGREED as follows: Contractor shall engage in artificial cloud nucleation operations during the terns of this contract,) within the target area identified by and consistent with the INITIAL STUDY OF ENVIRONMENTAL ASPECTS OF KERN RIVER WEATHER M0DIF1(*.-___1AT10N PROGRAM and the above re-Ferenccd permit. The puil)-ose of this cloud nucleation operation is to increase precI pI tatI o n withI n t he target area. 2. The term as of this contract shall cover one seasonal operational period begqnning on November 11 2013 and ending on April 30, 2014. 3. The D1 strict has the option of extending the work at its discretion on a monthly basis at the sal-ne monthly rates (sty: ndby plus consumables) by requesting the ContracL)r five (5) five days in writing prior to the end of the normal end date of the contract. 4. The Contractor shall furnish and have available for use during the operational period the following equipment and personnel: a. The Contractor agrees to have available on a 241 - hour -per -play, 7-day-per-week basis the services of a competent staff' to fumish full meteorological data. b. The Contractor will maintain real time 24-1 our-per-day, 7-day-per-week access and use local NWS NEXRAD Level 11 "super resolution" radar data and latest software designed to track and analyze precipitation areas located in clouds upwind and over the target arca. The NWS Hanford NEXRAD radar will be the primary radar used for weather surveillance and directing aircraft seeding operations. Page I All basic weather data will be processed and archived in the Contractor"s Reno office. This in will be used to coordinate various phases of the field prograin, d. A dedicated cloud seeding aircraft will be based at the Porterville or Frcsn(i,) Yosemite Airport at the discretion of the Contractor. This all-weather aircraft will be equipp(I-d for dispens'ng silver iodide and other nucleating aricnts for use in cloud seeding activities throui; ,C) hout the target area. A. backup- aircraft will be made available for use on the program within .48 hours should any mechanical issues arise that prevent the use of the primary aircraft. The contractor agrees that its aircraft and equipment thereon will be certified by the Federal Aviation Administration,., an agency of the United States of America, and that any and all pilots operating a*rcraft by or on behalf of the Contractor shall be duly licensed by the said Federal Aviation Administration. Contractor will furnish the following personnel during the contract- period: (a) One radar meteorologist to be located at the Contractor's Fr�-,--.sno Office (b) One instrument rated cloud seeding pilot to be stationed in or nearby the prQject area and available to fly with two hours notice day or night. (c) One additional relief instrument rated cloud seeding pilot to provide the project pilot requircd rest during extended storni periods. (d) Attend Board Meetings and respond to requests for information regarding the program from -the media and/or public as requested by the Distri"et. Richard Stone shall supervise the program and act the Contractor Representative. 5. The primary nucleating agent will be silver iodide, which shall be dispensed from airci7aft from end-burning or ejectable pyrotechnics. Other advanced nucleating agents iriiay be utilized as special storni conditions develop. 6. T'-"-ie Contractor shall prepare all reports pertaining to the program required to be filed by the Contractor and District to comply with Federal and State Law. The Contractor shall furnish daily program -updates including a weather forecast, program status and recent seeding activities to the District via email on each workday and on weekends and holidays, whenever seedable storm conditions are forecast. The Contractor shall furnish monthly operational reports during the full course of the cloud seeding operation. As soon as practical after the conclusion of each yearly operational period, the Contractor will furnish the District a final opc.,rations summary covering the entire yearly operation. The Contractor shall submit monthEly and final reports to the District electronically via email. 7. The Contractor shall furnish and keep in force during the operational period the following insurance: comprehensive public liability and property damage insuranc(� in the (,,-unount of not less than $2,000,000.1, covering the operation of all of its equipment owned c)r leased including the aircraft and workers compensation insurance. Such insurance shall b(o maintained at Contractor's cost. With respect to the above referenced insurance policies, the contractor shall deposit Certificates of Insurance with District prior to the commencement of the operational Page 2 period reflecting the liability insurance and the aviation bodily iqJury and 1.7,roperty danriage liability insurance that name North Kern Water Storage District, Buena Vista Water Storage A District, Kern Delta Water District'. and the City of Bakersfield, and their officers, age,-its and employees, as additionally named insured. All parties require a thirty (3 0) day notice of cancellation. Contractor agrees to be responsible for, and to indemnify, defend and hold harmless the District and the parties sponsoring the cloud seeding operations., consisting of the City of Bakersfield!, Kern Delta Water District and Buena Vista Water Storage District.) against any and all liabilities, claims, actions", causes of action or demands of any kind cr character whatsoever, arising out of or caused by Contractor's cloud seeding operations on behalf of the District and the other parties described herein. 9. Contractor agrees to be bound by ail laws of the State of California and the Federal Government, and that prior to commencing the operation under the contract for the District., the Contractor shall have in force all necessary licenses and permits from the State of Califomia to so operate. 10. This Contract may be canceled by the District for any of the following reasons upon five days written notice, sent by mail to the principal office of the Contractor. a) The issuance of any court of competent jurisdictions of any temporary or permanent injunction against all or any part of the cloud nucleation operations undertaken by Contractor under this contract.) whether the District is a part of said leg,--] proceedings or not. It is understood that the issuance of any temporary restraining order, or any temporary n1junction limited by its terms to a period of less than twenty (20) days in duration, shall not constitute a basis for can under this paragraph. b) The passage of any overriding legislation by the State of California which shall outlaw, limit, void or alter in any substantial respect any provisions of this contract, or shall make unlawful or improper in any substantial respects, any of the operations of the Contractor under this contract. c) For any reason considered in the best interest of the District. In the event of cancellation by the District under or pursuit to the terms of I ®a through I Oc above, all monies already paid to the Contractor by the District shall be retained by the Contractor. A final report on the cloud seeding operations for that season iL:.,,113 to the time of such cancellation shall be furnished as soon as practical. 12. In the event the District decides that additional precipitation is not desired for any portion of the operational period, the District may suspend cloud seeding operations for a-Ily specified portion of such operational period by providing three (3) days notice to the Contractor. In the event the District suspends operations under this paragraph, Contractor will reimburse the District in the amount of $250.00 for each day of the suspension. Page 3 3. District agrees to pay the Contractor for the services rendered, as outlined in this contract the total sum of ONE HUNDRED FORTY FOUR THOUSAND DOLLARS ($144,000), PLUS AN AMOUNT OF FOUR HUNDRED NINETY EIIGHT DOLLARS ($51 (8.00) PER HOUR OF AIRCRAFT SEEDING FLIGHT TIME PLUS NINETY DOLLARS ($93.00) PER END BURNING FLARE AND THIRTY THREE DOLLARS ($34.00) PER EJECTABLE FLARE FOR SEEDING MATERIALS IN THE PAYMENT SCHEDULE AS SET FORTH BELOW. It is understood and agreed that -this sum includes the total fee for all aircraft flights and evaluations of the program. 14. Contractor agrees to submit detailed monthly invoices to the District summ,,.in'zing each month" s consumables by the 5 th of the - month. 15. SCHEDULE OF PAYMENTS: TAYMENT DA7E AMOUN7 I November 2012 1 December 2012 1 January 2013 1 February 2013 1 March 2013 1 April 2013 1 May 2013 707AL-0 $241X0 $20M00 + November consuniables $201MO + December consuniables $209Q 00 + January consumables $20,000 + February consuniabh... $201000 + March consumables 000 + Apn'l consuniables $201� 1 44.X® + all consuniabics 16. Consumables are considered to be aircraft flight time and seeding materials. 17. The total amount of this contract is not to exceed $215,442 without a written request and approval for additional set-vices from the District. 18. Any notice to be given hereunder may be served personally or by depositing th e. same in the United States mail, postage prepaid, and addressed to the party being notified at his address as set forth bbl owl or at such other address as may be hereafter designated in writing. If served by mail, service shall be conclusively deemed to have been made upon deposit in the United States. Page 4 IN WITNESS WHEREOF, the parties hereto have set their hands and seals to t1lis contract the day and year 5 s hereinabove written. AT) T I R F RSN' P.O. Box 81435 Bakersfield, California 93380-1435 NORTH KERN WATER STORAGE DISTRICT By General Manager - "N1<__WSD" ADDRESS;. P.O. Box 17096 Reno,, Nevada 89511-2872 RHS CONSULTING, LTD President - "Contractor" ATTEST: Secretary Date Page 5 Spero 0 Water Board M eating C� LCi)SEU SESSIONI October 15, 2013 A. Conference with Legal Counsel - Potential Litigation Closed session pursuant to Government Codes Section 54956.9 (d)(2),(e)(1) (Two waiters) '�tiy�yl tq /Jftt / /iii a. F ADMINISTRATIVE REPORI OFOF OF OF WATER BOARD MEETING DATE: October 15, 2013 AGENDA SECTION: Closed Session ITEM: 8. A. TO: Harold Hanson, Chairman Bob Smith, Commissioner Russell Johnson, Commissioner FROM: Virginia Gennaro, City Attorney DEPARTMENT HEAD DATE: October 8, 2013 CITY ATTORNEY V(�;- veo-i SUBJECT: Conference with Legal Counsel — Potential Litigation Closed session pursuant to Government Code section 54956.9(d) (2),(e) (1) (Two matters). VG:dll S: \WATER \Waterboard \13 -14 Clsessionadmin \10- 15- 13.Potlit.Docx 10/9/2013