HomeMy WebLinkAbout03.17.2010 WB PACKETCity of Bakersfield
Water Board
Regular Meeting of
March 17, 2010
Bellevue Weir
Water Resources
File Packet
Dav6d Couch, Chaur
Haro[d Hanson, V/ cce Chan r
Z'Sc S Scfly ev
MTV CF sAKERSMELDD
CMATIE R BOARD
REGULAR MEET G
Wedn esdey, March 17, 201 C - 2.00 p.m.
Water Resources Building Conference Room
1000 Buena V isia Read, Bakersfield, CA 93311
AGENDA
1, CALL TO ORDER
2. ROLL CALL
3. MOMUTZES
A. Minutes of the January 20, 2010, regular meeting for approva: — For Board F eview
and Action
4. PUBUC STATEMENTS
5. KERK RAVER LEVEE DOS7RIC7
A. Local Levee Assistance Program Status — For Board Information
6. REPORTS
A. Kern River & Isabella Reservoir Operations Report - For Board Informatior
7. DEFE7C RED BUSII(I ESS
8. NEW BUSINESS
A. Kern River Interests Cost Sharing Agreement for Costs Related ::o Restriction c n use
of Isabella Lake Storage Space — For Board Review and Acton
B. Agricultural Water Price and Sand Sale Schedule for 2010/11 — For Board Review
and Action
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Dav6d Couch, Chaur
Haro[d Hanson, V/ cce Chan r
Z'Sc S Scfly ev
MTV CF sAKERSMELDD
CMATIE R BOARD
REGULAR MEET G
Wedn esdey, March 17, 201 C - 2.00 p.m.
Water Resources Building Conference Room
1000 Buena V isia Read, Bakersfield, CA 93311
AGENDA
1, CALL TO ORDER
2. ROLL CALL
3. MOMUTZES
A. Minutes of the January 20, 2010, regular meeting for approva: — For Board F eview
and Action
4. PUBUC STATEMENTS
5. KERK RAVER LEVEE DOS7RIC7
A. Local Levee Assistance Program Status — For Board Information
6. REPORTS
A. Kern River & Isabella Reservoir Operations Report - For Board Informatior
7. DEFE7C RED BUSII(I ESS
8. NEW BUSINESS
A. Kern River Interests Cost Sharing Agreement for Costs Related ::o Restriction c n use
of Isabella Lake Storage Space — For Board Review and Acton
B. Agricultural Water Price and Sand Sale Schedule for 2010/11 — For Board Review
and Action
Water Board Agenda
March 17, 2010
Page 2
8. NEW BUSINESS continued
C. Domestic Water Division Proposed 2010/11 Rate Schedule – For Board
Review and Recommendation to City Council
D. South Bakersfield Water Treatment Plant Water Use Agreement - For Board
Review and Recommendation to City Council
9. MISCELLANEOUS
10. WATER BOARD STATEMENTS
11. CLOSED SESSION
A. Conference with Legal Counsel — Existing Litigation; Closed session pursuant to
subdivision (a) of Government Code section 54956.9. (Two Cases)
• State Water Resources Control Board Reference No. KMG:A31674
• Kern Delta Water District v. North Kern Water Storage District, and City of
Bakersfield (1952 CEQA action)
KCSC Case No. S- 1500 -CV- 266459 KCT
12. CLOSED SESSION ACTION
13. ADJOURNMENT
di2 W < k
JOHN W. STINSON
Assistant City Manager
POSTED: March 12, 2010
Water Board Meeting
MINUTES
March 17, 2010
A. Minutes of the January 20, 2010, regular meeting for approval — For Board Review
and Action
OF THE
WATER BOARD - ClITY OF BAKERSMELD
Wednesday, January 20, 2010 - 2 :00 p.m.
Water Resources Building Conference Room
1000 Buena Vista Road, Bakersfield, CA 93311
'^,I ^JUTES
Chairman Couch called the meeting to order at 2:05 p.m.
2. ROLL CALL
Present: Chairman Couch, Vice -Chair Hanson, Member Scrivner
Absent: None
3. MINUTES
A. Minutes of the October 14, 2009 regular meeting.
Motion by Scrivner to approve the minutes with a correction to the Roll Call to
reflect members Manson and Scrivner were present at the meeting. APPROVED
ALL AYES
4. PUBLIC STATEMENTS
Dennis Fox spoke regarding weeds in canals; the reservoir at Hart Park; and the possibility of
a water bank tour in July.
KERN 5. RIVER LEVEE %E E- I TRICT1
A. FEMA Levee Accreditation
Mark Lambert, Water Resources Superintendent, gave a brief update of the levee
work. He stated the geological field work is completed and additional survey field
work will be completed in February. A preliminary report will be provided in May; with
final completion evaluation report provided in early September. A grant up to
$225,000, in matching funds from the State will be received for the levee program.
Information only, no action taken.
6. REPORTS
A. Kern River & Isabella Reservoir Operations Report.
John Stinson, Assistant City Manager, introduced John Ryan, Hydrographic
Supervisor.
John Ryan, Hydrographic Supervisor, gave a brief update, stating Isabella Dam is at
110,560 acre feet of storage ending 2009; with the recent storm activity, snow pack
is 84% of average for April -July. Information only, no action taken.
Bakersfield California, January 20, 2010 — Page 2
7. DEFERFCED
I,! r) rte
A. Independent Contractor's Agreement with Stetson Engineers, Inc. for Engineering
Services related to Urban Water Planning and Water Needs Studies.
h1lotion by Hanson to approve Agreement No. 10 -01 Ivith Stetron Engineers, h7v
in the amount of $31,000, to update the Urban Water Mai7agetne"t Plat
APPROVED, ALL AYES.
9. MISCELLANEOUS
A. Tentative 2010 Water Board meeting schedule.
Motion by Hanson to approve the proposed 2010 Water Board meeting dates:
January 20; March 17; May 12; July 14; September 15; and November 10.
APPROVED, ALL AYES.
10. WATER BOARD STATEMENTS
None
11. CLOSED SESSION
None
12. ADJOURNMENT
Chairman Couch adjourned the meeting at 2:20 p.m.
David Couch, chairman
City of Bakersfield Water Board
Bobbie Zaragoza, Secretary
City of Bakersfield Water Board
Water Board Meeting
March 17, 2010
KERN RIVER LEVEE DISTRICT
A. Local Levee Assistance Program Status — For Board Information
Water Board Meeting
March 17, 2010
REPORTS
A. Kern River & Isabella Reservoir Operations Report - For Board Information
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B120 (03/09/10 1448)
Department of Water Resources
California Cooperative Snow Surveys
Mar 1, 2010 FORECAST
OF UNIMPAIRED RUNOFF
(in thousands of acre -feet)
April -July Forecast
April Percent 80%
thru of Probability
July Average Range
--------------------------------------------------------------------------------
NORTH COAST
Trinity River at Lewiston Lake 740 113% 540 - 1060
Scott River near Fort Jones 130 65%
SACRAMENTO RIVER
Sacramento River above Shasta Lake 360 121%
McCloud River above Shasta Lake 410 105%
Pit River above Shasta Lake 840 79%
Total inflow to Shasta Lake 1680 92% 1240 - 2580
Sacramento River above Bend Bridge 2170 87% 1540 - 3600
Feather River at Oroville 1400 79% 800 - 2590
Yuba River at Smartsville 870 87% 510 - 1440
American River below Folsom Lake 1010 81% 560 - 1840
SAN JOAQUIN RIVER
Cosumnes River at Michigan Bar 85 68% 25 - 220
Mokelumne River inflow to Pardee 410 89% 290 - 650
Stanislaus River below Goodwin Res. 630 90% 460 - 1020
Tuolumne River below La Grange 1170 96% 910 - 1790
Merced River below Merced Falls 640 101% 500 - 990
San Joaquin River inflow to Millerton Lk 1330 106% 1050 - 1920
TULARE LAKE
Kings River below Pine Flat Res. 1350 110% 1070 - 1940
Kaweah River below Terminus Res. 310 108% 240 - 480
Tule River below Lake Success 61 96% 42 - 134
Kern River inflow to Lake Isabella 470 102% 350 - 770
NORTH LAHONTAN
Truckee River,Tahoe to Farad accretions 195 75%
Lake Tahoe Rise, in feet 0.9 65%
West Carson River at Woodfords 42 77%
East Carson River near Gardnerville 150 80%
West Walker River below Little Walker 135 88%
East Walker River near Bridgeport 54 85%
Water -Year (WY) Forecast and Monthly Distribution
Oct Water 80% WY
thru Feb Mar Apr May Jun Jul Aug Sep Year Probability %
Jan Range Avg
--------------------------------------------------------------------------------
Trinity, Lewiston 223 154 170 245 290 155 50 12 8 1310 1055 - 1710 94
Inflow to Shasta 1695 835 880 650 480 310 240 215 210 5515 4735 - 7120 90
Sacramento, Bend 2585 1350 1240 855 615 400 300 260 260 7865 6720 - 10460 88
Feather, Oroville 630 315 520 580 485 220 115 90 75 3030 2135 - 4805 66
Yuba, Smartville 225 135 250 330 370 135 35 20 15 1515 1035 - 2275 64
American, Folsom 215 155 290 385 420 170 35 10 5 1685 1100 - 2775 62
Cosumnes, Mich.Bar 32 30 56 45 29 9 2 1 0 204 100 - 430 52
Mokelumne, Pardee 50 30 60 120 180 95 15 3 2 555 410 - 840 74
Stanislaus, Gdw. 105 65 100 195 260 140 35 10 0 910 690 - 1410 78
Tuolumne, LaGrange 195 105 160 280 465 360 65 15 5 1650 1360 - 2370 85
Merced, McClure 115 70 85 155 265 175 45 10 5 925 750 - 1330 92
San Joaquin, Mil. 190 100 135 255 505 430 140 40 15 1810 1440 - 2490 99
Kings, Pine Flat 190 85 115 235 505 440 170 35 15 1790 1470 - 2460 104
Kaweah, Terminus 66 34 40 75 120 90 25 6 3 459 370 - 660 101
Tule, Success 17 20 20 28 20 10 3 1 0 119 90 - 220 80
Kern, Isabella 85 35 50 100 170 135 65 20 10 670 520 - 1030 92
Notes:
50 year averages are based on years 1956 to 2005.
Unimpaired runoff represents the natural water production of a river basin,
unaltered by upsteam diversions, storage, or by export or import of water
to or from other watersheds.
Forecasted runoff assumes median conditions subsequent to the date of forecast.
Runoff probability ranges are statistically derived from historical data.
The 80% probability range is comprised of the 90% exceedance level value
and the 10% exceedance level value.
The actual runoff should fall within the stated limits eight times out of ten.
Forecast point names are based on USGS gage names.
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Water Board Meeting
8. NEW BUSINESS
March 17, 2010
A. Kern River Interests Cost Sharing Agreement for Costs Related to Restriction on use
of Isabella Lake Storage Space -- For Board Review and Action
KEEN GIVER Il 91E'RESTS COST ""HARING AGPEEMEi``-rT
FOR
COSTS RELATING TO UNITED STATES ARMY CORPS OF ENGINEERS RESTRICTION'S CAN
U'E OF I ABLU-A RESc OIR S`I%3" Paz SPACE
THIS AGREEMENT is made and entered into on , by
and between those California public agencies holding all right, title and interest in
and to the conservation storage space at Isabella Dam and Reservoir, namely
BUENA VISTA WATER STORAGE DISTRICT, CITY OF BAKERSFIELD, KERN COUNTY WATER
AGENCY, KERN DELTA WATER DISTRICT, and NORTH KERN WATER STORAGE DISTRICT.
These public agencies are sometimes referred herein collectively as "Parties"
RECITALS
WHEREAS, The Parties are signatory, successor in interest, or otherwise
interested parties to the certain contract and agreement dated October 23, 1964,
entitled "Contract Among the United States of America and the North Kern Water
Storage District, Buena Vista Water Storage District, Tulare Lake Basin Water Storage
District, and Hacienda Water District," and are vitally interested in maintaining all
right, title and interest to the conservation storage in Isabella Reservoir; and
WHEREAS, on April 20, 2006 the United States Army Corps of Engineers
( "Corps ") convened a Seepage Advisory Panel for the purpose of evaluating
information regarding a seepage condition at Isabella Auxiliary dam, and to make
recommendations for short term measures to address the seepage situation; and
WHEREAS, on April 27, 2006 the Corps, acting upon technical advice of the
Corps Dam Safety Committee, declared an emergency deviation and by letter
dated April 28, 2006 took over from the Kern River Watermaster the process of
operating the storage and release of water at Isabella Dam and Reservoir,
including ordering the restriction of storage; and
WHEREAS, on June 26, 2006 control of operating storage and release of water
at Isabella Dam and Reservoir was returned to the Kern River Watermaster; and
WHEREAS, as a result of the ordered restriction on storage at Isabella Dam
and Reservoir a substantial quantity of Kern, San Joaquin, Kaweah, Tule and other
water, utilized for irrigation and replenishing the groundwater basin in the San
Joaquin Valley portion of Kern County for future beneficial uses, was diverted into
Kern River Interests Cost Sharing Agreement for Isabella Reservoir and Dam
-- Page 1 of 6 Pages --
i- er-ile. and nia /- ',queduct and forever !c ,t to tiie region; ci ;nd
VVH FA , ire Corps tics indicate; that i-! , intands to ccnd'Uct
invesiigation, rnoriitoring, study ai�d pic�nning -io dev_,!op both sh<.�ri-anc ionC�- icrrii
plans concerning seep -age a.t Auxiliary dim and MlCt d ei.Sl T'iiC ar iC s; %I!i� %,�CZ'y�
associated v /ithl Isabella Darn and Reservoir ( "Stn.ictural Investigations "); and
VVHILEVEAS, the Corps has indicated that until the structural Investigations are
complete it anticipates that the, restrictions on full storage at Isabella Dam and
Reservoir will continue; and
WHEREAS, EAS, the Parties have determined it necessary Ihai-the Corps commit all
necessary resources (financial, manpower, time etc,) and take all necessary action
to minimize to the fullest extent possible, consistent with the public safety, the exteni
and duration of any operation restriction at Isabella Dam and Reservoir; and
WHEREAS, the Parties have determined that it is imperative that certain expert
consultants be retained to advise the Parties on issues regarding Isabella Darn and
Reservoir and to ensure the Corps complete the necessary Structural Investigations
expeditiously and with the least impact on Isabella Dam and Reservoir; and
WHEREAS, the Parties previously entered into a cost sharing agreement on
August 1, 2006 for these purposes and that agreement expired in August 2007.
NOW, THEREFORE, it is agreed by and between the Parties as follows:
ay Scope: This agreement provides the terms for the sharing of specified costs
relating to obtaining necessary expert advice and technical information from
certain consultants qualified to assist the Parties in expediting the completion
of the Structural Investigations initiated by the Corps. The objective of the
agreement is to facilitate the Parties goal to minimize the restriction in the
operation of Isabella Dam and Reservoir during the pendency of the
Structural Investigations,
2) Consultants:
a) Engineering: An expert engineer qualified to advise the parties with regard
to technical issues relating to seismology, hydrology, seepage, dam safety,
Corps rules, regulations and procedures, and other matters as determined by
the Committee will be selected and retained by legal counsel for the
Watermaster on behalf of the Parties,
Kern River Interests Cost Sharing Agreement for Isabella Reservoir and Dam
-- Page 2 of 6 Pages --
b) Governmental Relations: An expert in government relations qualified to
advise the parties with regard to Corps rules and regulations, legislation, and
Congressional Funding and appropriations, and other maiters as determined
by the Committee will be selected and retained by legal counsel for the
Watermaster on behalf of tho parties.
c) Legal: An attorney to advise the Parties with regard to various legal master,
concerning Isabella Dam and Reservoir, including but not limited to the
Corps restrictions on use of the conservation storage space, and additional
issues.
d) Other: Other such experts qualified to advise the Parties on additional
matters as determined by the Committee necessary to achieving the
purpose of this agreement will be addressed as necessary by the Parties.
e) Procedure: Any proposal to retain or terminate a specific expert advisor
( "Consultant ") shall be decided by the Parties following recommendation by
the Committee.
3) Managers Committee:
a) Ad Hoc Committee: The Parties agree to form an ad hoc committee
composed of the Kern River Watermaster, and one representative from
Buena Vista Water Storage District, City of Bakersfield, Kern County Water
Agency, Kern Delta Water District, and North Kern Water Storage District. In
addition, each member shall designate an alternate to serve in the event its
representative is unable to participate in the work of the Committee. The
Watermaster shall serve as the chairman of the Committee and provide prior
written notice to members of the Committee of the meetings.
b) Committee Responsibilities: The Committee shall have the following
responsibilities: 1) Recommend to the Parties that certain Consultants be
retained; 2) Prepare and recommend to the Parties appropriate written
consultation agreements; 3) Determine the appropriate scope of work and
budget of any consultant; 4) Supervise all work of the Consultants; Review
and approve payment of Consultant invoices; and 6) Make other reports
and recommendations to the Parties as appropriate. The Committee shall
endeavor to reach a consensus on all decisions, but in the event a
unanimous decision is not possible, a majority vote of the Committee
(exclusive of the Watermaster who is a non - voting member of the
Committee) is sufficient,
c) Trust Account: The Watermaster shall establish a designated trust account
( "Account ") for the purpose of paying the shared costs authorized by this
Agreement. The Watermaster shall direct payment, in the manner and
Kern River Interests Cost Sharing Agreement for Isabella Reservoir and Dam
-- Page 3 of 6 Pages --
oi- nour,,t doter -nined and opproved by the Committee, fron-) the Account in
or(Jer fo r lake timely payment of the shared fees,
cos'- and exi�enses of f�l� I
Cons1_1i1onts.
d) Frocelcli,Ure,: 1 h , �CVafC?I'maS':�3r shCiil ( "�rorY1l:�lly IJrtJ \ /Idr a r,Op)� Of Ctil C;r >! "`7SlAltCjfii
in�,oic:es covered try tl�is Agreementto eaci� mernbc -;r ofii�e Cor��mit c; ar�t�
,,c hedule a telephone conference, in order for each CoFr f tee member fe
promptly review the invoices and notify the Watermaster of his/tler cipproval,
disapproval or recommended adjustment to a Consultant invoice, In a
fli -rely manner, the Committee shall review and approve, as H- deems
appropriate, and direct payment of the Consultant invoices.
e) Funding.; The Parties will allocate and transfer to the Account, in the
percentages specified in subparagraph 3(f)(1) of the Agreement, monies
necessary and approved by the Committee to fund the work of the
Consultants. The Watermaster shall notify the Parties, as the Committee
determines appropriate, when it is necessary that the Parties allocate and
transfer to the Account additional monies, up to the authorized funding limit
stated in paragraph 3(f)(2), in order to maintain a balance in the account
sufficient to pay the necessary and proper fees, costs and expenses of the
consultants.
f) Cost Sharing:
1. Funding Contributions: The initial funding of the Account, periodic
replenishment of funds to the Account, and payment of all fees, costs
and expenses of the consultants approved by the Committee, shall be
allocated as between the Parties as follows:
Buena Vista Water Storage District -- 32%
City of Bakersfield -- 14%
Kern County Water Agency -- 12%
Kern Delta Water District -- 14%
North Kern Water Storage District -- 28%
2. Funding Limit: The total cost sharing authorized by the Parties to this
Agreement shall not exceed one - hundred fifty thousand dollars
($150,000.00) absent the prior written consent of all the Parties. Any funds
remaining in the Account at the expiration of this agreement shall be
promptly refunded to the Parties in proportion to the contributions made
pursuant to Paragraph 3(f)(1).
Kern River Interests Cost Sharing Agreement for Isabella Reservoir and Dam
-- Page 4 of 6 Pages --
4) Term: This Agreement shall become effective on the first day of April, 2010
provided (it Parties have executed tPiis agreement on or before -That date,
Once effeJive this afire :ment shall continue in full force and effect for -i-wo (2)
years following the effective date of ii l� Agreemeni, unless renewed in writing
by all of the Parties.
5) Miscellaneous:
a) Notices: Written Notices to Parties hereunder shall be sufficient if delivered to
the principle office of the respective Party.
b) Amendments: This Agreement may be amended, or renewed, in writing at
any time and from time to time by unanimous consent of all the Parties.
c) Complete Agreement: The foregoing constitutes the full and complete
Agreement of the Parties. There are no oral understandings or agreements
concerning the subject matter of this Agreement not set forth in writing
herein.
d) Severability: Should any part, term or provision of this Agreement be
decided by a court of competent jurisdiction to be illegal or in conflict with
any applicable Federal law or any law of the State of California, or otherwise
be rendered unenforceable or ineffectual, the validity of the remaining parts,
terms or provisions hereof shall not be affected thereby.
e) Multiple Originals: This Agreement may be executed in counterparts, each
of which shall be deemed an original.
f) Water and Contractual Rights Not Affected: No right of any of the Parties in
or to any of the waters of Kern River is intended to be, or shall be, by the
terms hereof, transferred, granted or conveyed to any other party to this
agreement. This Agreement does not and shall not vary, modify, limit, waive
or abandon any right or rights, whether arising by law or contract, of any of
the Parties hereto in or to Isabella Reservoir storage or the flow or flows of the
waters of Kern River, or any part thereof. This Agreement shall not be
construed as granting or conferring any right or rights in or to the waters of
Kern River.
g) Precedent: The terms and conditions of this Agreement do not constitute
and shall not be construed to be any form of precedent with regard to any
future agreement among the Parties with regard to a Kern River Association
or any other subject. All Parties expressly reserve all claims, rights and interests
with regard to any such subjects and future agreements.
Kern River Interests Cost Sharing Agreement for Isabella Reservoir and Dam
-- Page 5 of 6 Pages --
P i t C 3 b I a J GJ rt }r
E : i� t.'r, tl�le parries he;reio have ca�sea i�,�iiSA���r�. r��l rlt
exe>cu ed, 1-he c_,Rov and year first -above vvriiten.
By:
"CITY"
HARVEY HALL
Mayor
APPROVED AS TO FORM:
Oily Afforney
By:
VIRGINIA GENKRARO
APPROVED AS TO CONTENT:
Water Resources Department
r c,
F
By
Title:
Kern Do4ta Water DW —rict
By:_
Title:
By: By:—
JOHN W. STINSON
Assistant City Manager Title:
COUNTERSIGNED:
:.
NELSON SMITH
Finance Director
ME
North Kern Water Storage District
By:—
Title:
Kern River Interests Cost Sharing Agreement for Isabella Reservoir and Dam
-- Page 6 of 6 Pages --
Water Board Meeting
8. NEW BUSINESS continued
March 17, 2010
B. Agricultural Water Price and Sand Sale Schedule for 2010/11 — For Board Review
and Action
CITE' OF BAKERSIFRE1LD WATER RESOURCES DEPARTMENT
AGRICULTURAL WATER ENTERPRISE
2010 WATER PRICE AND SAND SALE SCHEDULE
The following recommended water prices reflect the current normal water supply conditions occurring
throughout the San Joaquin Valley. Of the seven (7) water price categories shown below, items l through 4 are
established by existing contracts. The water rate for item 5 is dependent upon local water supply. The rate for Kern
River Canal & Irrigating Co. irrigation water (item 6) is established substantially in accordance with Public Utility
Commission guidelines. These water rates would remain in effect until conditions warranted changes or adjustments
to these prices.
For information and reference, the 2008 and 2009 schedule for surface water rates are shown for comparison
(price per acre - foot).
*7) Third Party use of
Olcese Water Wells .......................... $29.00 $32.00 $32.00
*Plus power costs associated with operation of 2800 Acre water wells when applicable.
Note: To encourage maximum use within the Kern River groundwater basin, water prices in categories number 4 and 5 may be reduced
50% during periods of mandatory flood control release and /or encroachment into the flood control storage space at Isabella Reservoir.
For sand sales from City -owned river channel properties, the following rate would remain in effect until conditions warranted
changes:
ITEM PRICE
1) Sand Removal Sales ...................... ............................... $ 0.50 per cubic yard (plus sales tax when applicable)
Actual 2008
Actual 2009
Effective May 1, 2010
(71 % of Normal
(65% of Normal
(102% of Normal
Type of Water
Water Year)
Water Year)
Water Year est.)
1)
Basic Contract Water ...................
$20.00
$20.00
$20.00
2)
City "Borrow /Payback"
$30.18
$28.55
$30.38
Contract Water ..........................
*3)
City Kern River and /or Banked Water sold
for domestic, recreational or other uses..........
$80.74
$76.34
$81.24
4)
Miscellaneous Kern River Water
that would otherwise be used
for groundwater banking . ...............................
$17.27
$16.34
$17.39
5)
Miscellaneous Kern River
Water sold for crop
$32.00
$35.00
$35.00
irrigation ..........................
6)
Kern River Canal &
$21.66
$25.91
$25.91
Irrigating Company ..........................
*7) Third Party use of
Olcese Water Wells .......................... $29.00 $32.00 $32.00
*Plus power costs associated with operation of 2800 Acre water wells when applicable.
Note: To encourage maximum use within the Kern River groundwater basin, water prices in categories number 4 and 5 may be reduced
50% during periods of mandatory flood control release and /or encroachment into the flood control storage space at Isabella Reservoir.
For sand sales from City -owned river channel properties, the following rate would remain in effect until conditions warranted
changes:
ITEM PRICE
1) Sand Removal Sales ...................... ............................... $ 0.50 per cubic yard (plus sales tax when applicable)
Water Board Meeting
8. NEW BUSINESS continued
March 17, 2010
C. Domestic Water Division Proposed 2010/11 Rate Schedule — For Board
Review and Recommendation to City Council
MEMORANDUM
March 12, 2010
TO: Alan Tandy, City Manager
FROM: John Stinson, Interim Water Resources Manager
SUBJECT: PROPOSITION 218 DOMESTIC WATER FEE HEARING NOTICE
Customer and /or property owners receiving domestic water service from the City of
Bakersfield Water system will be mailed a notice of a public hearing to be held on
June 9, 2010, to consider a proposed increase in the quantity unit charge. The
quantity rate is currently $0.88 per hundred cubic feet unit. The proposed rate will
increase by $0.03 to $0.91 per unit on October 1, 2010. The quantity rate change will
increase the typical single family residential monthly water bill by 2.5% on October 1,
2010. The notices will be mailed as inserts in each customer's monthly bill, meeting
the requirements of the law, beginning March 20, 2010 and completed by April 20,
2010.
As of January 31, 2010, there were 39,358 metered service connections on the
system. In addition there were 480 non - metered "fire service" connections. This
totals 39,838 notices that will be sent on the hearing. Of course, the system is adding
new customers on a regular basis, with between 50 to 70 new customers per month;
therefore the actual number of sent notices will be higher. Only the customers
and /or property owners of record, as identified by the billing registers for customers
of the City of Bakersfield Water System, will receive a notice, since they are the only
ones the City is required to provide a notice. In addition, the hearing will be posted
in the local general circulation newspaper, which is also required by law.
The City of Bakersfield Water Board will be apprised of this proposed rate increase
at the March 17, 2010 meeting. Attached is a copy of the notice that will be inserted
in customer's bill beginning the latter part of March 2010.
B A
K
E
R
S
F I
E
L D
MEMORANDUM
March 12, 2010
TO: Alan Tandy, City Manager
FROM: John Stinson, Interim Water Resources Manager
SUBJECT: PROPOSITION 218 DOMESTIC WATER FEE HEARING NOTICE
Customer and /or property owners receiving domestic water service from the City of
Bakersfield Water system will be mailed a notice of a public hearing to be held on
June 9, 2010, to consider a proposed increase in the quantity unit charge. The
quantity rate is currently $0.88 per hundred cubic feet unit. The proposed rate will
increase by $0.03 to $0.91 per unit on October 1, 2010. The quantity rate change will
increase the typical single family residential monthly water bill by 2.5% on October 1,
2010. The notices will be mailed as inserts in each customer's monthly bill, meeting
the requirements of the law, beginning March 20, 2010 and completed by April 20,
2010.
As of January 31, 2010, there were 39,358 metered service connections on the
system. In addition there were 480 non - metered "fire service" connections. This
totals 39,838 notices that will be sent on the hearing. Of course, the system is adding
new customers on a regular basis, with between 50 to 70 new customers per month;
therefore the actual number of sent notices will be higher. Only the customers
and /or property owners of record, as identified by the billing registers for customers
of the City of Bakersfield Water System, will receive a notice, since they are the only
ones the City is required to provide a notice. In addition, the hearing will be posted
in the local general circulation newspaper, which is also required by law.
The City of Bakersfield Water Board will be apprised of this proposed rate increase
at the March 17, 2010 meeting. Attached is a copy of the notice that will be inserted
in customer's bill beginning the latter part of March 2010.
NOTICE OF PUBLIC HEARING
BEFORE THE COUNCIL OF THE
CITY OF BAKERSFIELD
NOTICE IS HEREBY GIVEN that a protest hearing accepting testimony will be held before the
Council of the City of Bakersfield on Wednesday, June 9, 2010, 5:15 p.m., or as soon thereafter as
the matter may be heard, in the Council Chamber of City Hall, 1501 Truxtun Ave., Bakersfield, CA
93301. The purpose of the hearing is to receive and consider input regarding an increase in
the quantity rate for domestic water service from the City of Bakersfield.
Pursuant to Chapters 14.04, 14.06 and 14.08 of Title 14 of the Bakersfield Municipal Code, the City of
Bakersfield Domestic Water System provides residents and customers a pure, clean and wholesome
water supply in quantities and under sufficient pressure for all ordinary and proper uses. Charges for
water service are paid directly by property owners and /or occupants through bills rendered monthly.
In compliance with Proposition 218, property owners and /or customers of the City of Bakersfield
Domestic Water System are hereby informed of a proposed increase in the quantity rate on the
monthly bill. Your water service is included in this action, and is identified in the accompanying bill
enclosed in this mailing.
The quantity rate is currently $0.88 per hundred cubic feet unit. The proposed rate will increase by
$0.03 to $0.91 per unit on October 1, 2010. No adjustment to the readiness -to -serve charge is
proposed. A typical residential customer will see a total increase of $0.84 per month. Due to new
water supply programs, the cost of meeting water quality standards and the general inflation rate,
expenditures have increased 2.5 %. This increase is proposed to be effective October 1, 2010.
If you need additional information on the water services provided by the City or on the proposed
quantity charge increase, please contact the Water Resources Department at (661)326 -3715.
WRITTEN PROTESTS may be filed with the City Clerk at any time prior to the conclusion of the
hearing. If you challenge the action taken on this proposal in court, you may be limited to addressing
only those issues raised at the public hearing, or in written correspondence delivered to the City Clerk
of the City of Bakersfield, 1600 Truxtun Avenue, Bakersfield, CA 93301, prior to the close of the
hearing.
Dated: March 18, 2010
Please Conserve Water!
ROBERTA GAFFORD, CMC
City Clerk and Ex Officio
Clerk of the Council of the
City of Bakersfield
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Water Board Meeting
8. NEW BUSINESS continued
March 17, 2010
D. South Bakersfield Water Treatment Plant Water Use Agreement - For Board
Review and Recommendation to City Council
AGREEMENT
AGREE MEMF ON USE OF SOUTH BAKERG iELD
WATER °F BEA`I-MENT PLANT
THIS AGREEMENT is made and encored into on by
and between the CITY OF BAKERSFIELD, a charter city and municipal corporation,
( "CITY" herein) and, CALIFORNIA WATER SERVICE COMPANY, a California public
utility water corporation, ( "CAL WATER" herein).
E I T A L S
WHEREAS, CAL WATER and CITY intend to provide an additional treated
drinking water supply to their respective service areas in South Bakersfield by the
construction of a new water treatment plant (South Bakersfield Water Treatment Plant
or "SBWTP" herein) to be located on CAL WATER's property known as Station 146,
located southeast of the intersection of Pacheco and Stine Roads in Bakersfield; and
WHEREAS, CITY intends to use Kern River water accruing to its rights for water
supply to the SBWTP; and
WHEREAS, the SBWTP is to be supplied with Kern River water via the CITY's
Carrier Canal and through a raw water pipeline; and
WHEREAS, CAL WATER and CITY desire to share on in the use of finished
drinking water supply from the SBWTP and in the costs and expenses associated with
its planning, design, construction, start -up, operation and maintenance;
NOW, THEREFORE, incorporating the foregoing recitals herein, CITY and CAL
WATER mutually agree as follows:
1. Exhibit "A" is attached hereto showing the location of the SBWTP at
Station 146, near the intersection of Pacheco and Stine Roads in the City of Bakersfield.
2. Exhibit "B" is attached hereto showing the raw water conveyance system
that will transport water to the SBWTP and the areas generally to be served the treated
drinking water within CAL WATER's and CITY's respective water service areas.
3. Exhibit "C" is attached hereto showing CITY's projected schedule for
supplying water to meet the demands of the SBWTP.
4. USE OF STATION 146 SITE. CAL WATER shall, in addition to the use of
Station 146 as the site for its five drinking water wells, use the property for constructing
and operating the SBWTP, which will be owned and operated by CAL WATER.
Page I of 9
4.1 SOUTH BAKERSFIELD WATER TREATMENT FLAN". CAL
WATER shall be solely responsible for the financing, design, construction, operation
and maintenance of the SBWTP facilities at Station 146. The SBWTP will be operated
to provide a treated drinking water supply to CAL WATER and CITY domestic water
systems, respectively. Initial nominal design capacity will be 20.0 million gallons per day
(mgd). The plant will be designed so that at a later date to be agreed upon by the
parties, its capacity can be expanded to approximately 40.0 mgd. It is anticipated that
CITY and CAL WATER shall share equally (50/50) in the water produced by the plant in
accordance with provisions of this agreement, however, since growth in future demand
may occur differently in each party's service area, both parties agree to reassess the
percentage of treated plant water to be allocated to each party at the time planning for
expansion of the SBWTP occurs. CAL WATER shall not purvey, convey, trade,
exchange or sell in any manner the water produced from the SBWTP to any persons,
entity or agencies outside the incorporated boundaries of the City of Bakersfield without
the express written consent of CITY.
4.2 ADDITIONAL FACILITIES. CAL WATER shall be responsible for
the financing, design, construction, operation and maintenance of any additional
facilities required for the SBWTP. Such facilities needed for the SBWTP may include a
raw water intake structure and appurtenances, canal bypass structure, sanitary sewer
connections, pumping plants and pipelines. The inclusion of any of such facilities shall
be approved by CITY before being made part of the SBWTP.
5. UNTREATED WATER SUPPLY. CITY shall make available to CAL
WATER a surface water supply to meet the requirements of the SBWTP. CITY shall
provide up to Twenty Two Thousand Four Hundred Fifty (22,450) acre feet of supply for
the coming year in accordance with a schedule to be provided by CAL WATER each
January. It is intended that the SBWTP be expanded to treat up to Forty Four
Thousand Nine Hundred (44,900) acre feet per year. CAL WATER and the CITY will
mutually agree on the timing of the expansion, and for the CITY or others to provide an
additional raw water supply of up to Twenty Two Thousand Four Hundred Fifty (22,450)
acre feet per year.
6. UNTREATED WATER QUALITY. The City believes the raw Kern River
water supplied for the SBWTP is suitable as a raw water source. CAL WATER
understands the water specified for delivery under this agreement is untreated and
requires treatment that complies with Federal, State, and local requirements in order to
make the water suitable for public drinking water purposes. CAL WATER shall be
solely responsible for testing said water and for any and all treatment which may be
necessary to bring the water into conformity with any and all present and future Federal,
State, and local domestic water quality and health requirements prior to its delivery to its
customers and the CITY. CAL WATER recognizes that Kern River water delivered to
the SBWTP will first be conveyed through the CITY's Carrier Canal and diverted into
pipeline. CAL WATER agrees that it shall be responsible for the quality of water
through the SBWTP, and for testing and properly treating the water. By execution of this
Agreement, CAL WATER expressly waives any and all legal remedies against CITY,
Page 2 of 9
arising from CITY's delivery of non - potable water to the SBWTP. CAL WATER shall
indemnify, defend, and hold CITY harmless from and against any and all claims for
failure to deliver potable water that conforms to Federal, State, and local domestic water
quality standards or requirements to its and the CITY users. CITY agrees that when it
has Knowledge of conditions or events that r -1ay have adversely affected the quality of
water to be or in fact delivered to the SBWTP, it shall make every effort to promptly
inform CAL WATER of said conditions or events so that CAL WATER may take
appropriate actions.
7e COMPENSATp ®N TO C117Y. To compensate CITY for CITY Kern River
water delivered hereunder, CAL WATER shall pay CITY Fifty -five Dollars ($55.00) for
each acre foot of water that is determined to be processed and delivered to the SBWTP
for use in CAL WATER's service territory. The price is subject to annual adjustment on
the basis of the January 1999 Producer Price Index for "All Commodities" published by
the Bureau of Labor Statistics of the U. S. Department of Labor and first adjustment
shall occur in January of the year following execution of this Agreement. The price as
stated shall include all costs CITY may incur in pumping, exchange and storage fees in
delivering Kern River water through the Carrier Canal system. Payment in full shall be
made to CITY within thirty (30) days after mailing of an itemized invoice to CAL
WATER. The due date on the invoice shall be clearly set forth and shall be thirty (30)
days beyond the billing date. CITY shall bill CAL WATER for quantities delivered to the
SBWTP. CAL WATER shall not assess or levy any charge of any kind or type to CITY
for delivery of said water for CITY use in CITY service territory after processing at CAL
WATER's SBWTP. Failure to pay CITY in full within thirty (30) days of the due date
shall subject CAL WATER to late fees. Reasonable late fee amounts (not to exceed 6%
on unpaid balance) may be assessed by CITY and shall be paid by CAL WATER upon
demand. In the event of failure by CAL WATER to pay the charges provided in this
Section 4.2, CITY shall be entitled to exercise all remedies for default provided in this
Agreement.
6. SALE OF TREATED WATER AND PAYMENT TO CAL WATER. CITY
will purchase from CAL WATER a supply of treated finished water from the SBWTP.
The treated water shall meet or exceed any and all applicable present and future
Federal, State or local standards and regulations for drinking water. CITY agrees to
purchase at least 11,225 acre -feet per year of finished water from CAL WATER,
commencing on June 1, 2013 and continuing through, May 31, 2014 and annually
thereafter. City shall pay the rate per acre -foot provided for by this paragraph multiplied
by the amount of water actually delivered. CAL WATER will invoice the CITY on a
monthly basis for all water sold and delivered to CITY in the preceding calendar month.
CITY shall pay all amounts properly invoiced no later than thirty (30) days after receipt
of the invoice. In the event of default by the CITY, CAL WATER will be entitled to
exercise all remedies for default provided in this Agreement. CAL WATER will make
every reasonable effort to deliver the quantities described herein to the CITY subject to
requirement that the raw water quantities provided in this Agreement have been
delivered to the SBWTP. The amount of treated water provided to the CITY by CAL
WATER shall be determined through metering records of the finished water pumps
Page 3 of 9
located at the SBWTP site. The first year price the CITY pays to CAL WATER for
delivered troated water from the SBWTP is estimated to be Six: Hundred Sevent
Dollars 67LOO) per acre -foot, with the final price to be determined after CAL WATER
has determined total actual project costs for preliminary engineering, pilot plant testing,
design, construction, construction engineering services and management, project
management, legal, administration and financing slid estimates of annual operations
and maintenance costs. CAL WATER shall submit documentation for its costs incurred
or estimated for review and approval by the CITY, which approval shall not be
unreasonably withheld or delayed.
Components of the CITY's price for treated water from the SBWTP are
comprised of:
i) Actual operations and maintenance costs for the SBWTP, including
power, labor, benefits, chemicals, waste disposal, parts, supplies, outside services, and
reasonable supervision expenses not to exceed 10% of preceding totals;
ii) Debt service for the total Project cost;
iii) California Public Utilities Commission authorized reasonable rate of return
on investment, currently estimated at 8.58 %;
iv) The franchise fee payable to CITY on account of such sale of water and
all real and personal property taxes payable on account of the SBWTP;
v) Raw water and transportation and conveyance costs.
CAL WATER shall submit documentation for its costs incurred or estimated for
review and approval by the CITY, which approval shall not be unreasonably withheld or
delayed. The price shall be adjusted annually for the operations and maintenance
component, based on the adjustment percentage allowed in CAL WATER's agreement
with the CITY designated as No. 92 -250, paragraph 9 and for the franchise fee and real
and personal property taxes based on actual costs. The charge for Rate of Return on
investment shall be adjusted concurrently with adjustment by the California Public
Utilities Commission for the period approved for such adjustment.
9. ADDITIONAL CAPITAL IMPROVEMENTS. In the event CAL WATER
determines that it must install additional capital improvements to the SBWTP in order to
meet new or changed Federal, State, or local water quality standards, or comply with
any other legal requirements, CAL WATER will determine the total project costs for the
said improvements and present them to the CITY for review and approval. CITY shall
provide CAL WATER with its written acceptance of said additional capital improvements
and their total project costs. The capital facilities costs shall be adjusted for all finished
water delivered to CITY using the agreed upon actual costs of the additional capital
improvements in accordance with the provisions in Section 8.
Page 4 of 9
10. REVIEW BY CALIFORNIA PUSUC UTIILIT ES COMMNSS0N. The
rights and obligations of CAL WATER under this Agreement may be subject to the
review by the California public Utilities Commission (CPLJC) in the Course of rate review,
or other proceedings. In the event CPLJC fails to approve rates established for the C.-al
Water Bakersfield District, or finds such charges imprudent, as a result of this
Agreement, then CITY and CAL WATER shall immediately begin negotiations to amend
the Agreement in a commonly satisfactory manner in an attempt to resolve issues
resulting in such CPUC action, provided that none of the parties shall be excused from
performance of the Agreement.
11. ACCOUNTING RECORDS. CITY and CAL WATER shall maintain
accurate records and other written documentation pertaining to all costs incurred in
performance of this Agreement. Such records and documentation shall be kept at each
party's office during the term of this Agreement and said records shall be made
available to CITY or CAL WATER representatives upon proper request.
12. ASSIGNMENT. This Agreement shall not be assigned by any party, or
any party substituted, without prior written consent of all parties.
13. BNDING EFFECT. The rights and obligations of this Agreement shall
inure to the benefit of, and binding upon, the parties to the Agreement and their
heirs, administrators, executors, personal representatives, successors and assigns.
14. CEQA. This agreement is not subject to CEQA as CEQA has already
been completed for the Project.
15. WATER RIGHTS. This Agreement does not create any water rights for
CAL WATER, and does not waive, transfer or relinquish any water rights on behalf of
the CITY.
16. CITY INSURANCE. CITY represents it is self-insured and will, throughout
the term of this Agreement, maintain its insurance program. CITY warrants that, at all
times during the term of this Agreement, it shall have and maintain workers'
compensation insurance in compliance with the Labor Code of the State of California.
17. COMPLIANCE WITH ALL LAWS. CAL WATER shall, at CAL WATER's
sole cost, comply with all of the requirements of Municipal, State and Federal authorities
now in force or which may hereafter be in force, pertaining to this Agreement, and shall
faithfully observe in all activities relating to or growing out of this Agreement all
Municipal ordinances and State and Federal statutes, rules or regulations, and
permitting requirements now in force or which may hereafter be in force including,
without limitation, obtaining a City of Bakersfield business tax certificate (Bakersfield
Municipal Code Chapter 5.02) where required.
Page 5 of 9
18. CONFIDENTIALITY. During the term of this Agreement, CAL WATER will
be dealing with information of a legal and confidential nature, and Such information
could severely damage CITY if disclosed to outside parties. CAL WATER will not
disclose to any person, directly or indirectiy, either during the term of this Agreement or
at any time thereafter, any such information or use such information other than as
necessary in the course of this Agreement. All documents CAL WATER prepares and
confidential information given to CAL WATER under this Agreement are the exclusive
property of CITY. Under no circumstances shall any such information or documents be
removed from the CITY without the CITY's prior written consent. CITY is subject to the
Public Records Act and cannot maintain confidential records unless allowed by said Act.
CITY understands CAL WATER may, through the Public Utilities Commission, be
required to release documents. It shall not be a violation of this Agreement to release
documents or information which are required by law to be public.
19. CORPORATE AUTHORITY. Each individual signing this Agreement on
behalf of entities represents and warrants that they are, respectively, duly authorized to
sign on behalf of the entities and to bind the entities fully to each and all of the
obligations set forth in this Agreement.
20. DEFAULT INTEREST. In the event of a default by any party to this
Agreement, the non-defaulting party shall be allowed to recover interest on all damages
at the legal rate from the date of the breach.
21. EXECUTION. This Agreement is effective upon execution. It is the
product of negotiation and all parties are equally responsible for authorship of this
Agreement. Section 1654 of the California Civil Code shall not apply to the
interpretation of this Agreement.
22. EXHIBITS. In the event of a conflict between the terms, conditions or
specifications set forth in this Agreement and those in exhibits attached hereto, the
terms, conditions or specifications set forth in this Agreement shall prevail. All exhibits
to which reference is made in this Agreement are deemed incorporated in this
Agreement, whether or not actually attached.
23. FURTHER ASSURANCES. Each party shall execute and deliver such
papers, documents and instruments, and perform such acts as are necessary or
appropriate, to implement the terms of this Agreement and the intent of the parties to
this Agreement.
24. GOVERNING LAW. The laws of the State of California will govern the
validity of this Agreement, its interpretation and performance. Any litigation arising in
any way from this Agreement shall be brought in Kern County, California.
Page 6 of 9
25. JOINT LIMITATION ON LIABILITIES AND INDEMNIFICATION.
25.1.1 Neither party shall be liable to the other party for any loss, damage,
liability, claim or cause of action for damage to or destrtiction of property or for injury to
or death of persons arising solely from any act or omission of the other party's officers,
agents or employees.
25.1.2 CITY and CAL WATER agree to indemnify and hold each other
harmless from any and all claims, demands, liabilities, losses or causes of action which
arise by virtue of its own acts or omissions (either directly or through or by its agents,
officers or employees) to such extent and in such part as the respective parties are
found by reason of law to have proximately caused the injury or damage.
25.1.3 The party against whom any claim arising from any subject matter
of this Agreement is filed shall give prompt notice of the filing of the claim to the other
party.
26. MERGER AND MODIFICATION. This Agreement sets forth the entire
Agreement between the parties and supersedes all other oral or written representations.
This Agreement may be modified only in a writing approved by the City Council and
signed by all the parties. This agreement is independent of other agreements between
CITY and CAL WATER, and does not modify any prior, separate agreements.
27. NEGATION OF PARTNERSHIP. CITY shall not become or be deemed a
partner or joint venturer with CAL WATER or associate in any such relationship with
CAL WATER by reason of the provisions of this Agreement. CAL WATER shall not for
any purpose be considered an agent, officer or employee of CITY.
28. NEWS RELEASES/INTERVIEWS. All news releases, media interviews,
testimony at hearings and public comments relating to this Agreement by CAL WATER
shall be prohibited unless authorized by CITY.
29. NO THIRD PARTY RIGHTS. Except as provided in Section 3 hereof,
nothing in this Agreement, whether express or implied, either is intended or shall be
construed or otherwise interpreted as conferring any rights or remedies on any third
parties.
30. NO WAIVER OF DEFAULT. The failure of any party to enforce against
another party any provision of this Agreement shall not constitute a waiver of that
party's right to enforce such a provision at a later time, and shall not serve to vary the
terms of this Agreement.
31. NON-INTEREST. No officer or employee of CITY shall hold any interest
in this Agreement (California Government Code section 1090).
Page 7 of 9
32. NOTICES. All notices relative to this Agreement shall be given in writing
and shall be personally served or sent by certified or registered mail and be effective
upon actual personal service or depositing in the United States mail. The parties shall
be addressed as follows or at any other address designated by notice:
CITY: CITY OF BAKERSFIELD
City Hall
1600 Truxtun Avenue
Bakersfield, CA 93301
CAL WATER: CALIFORNIA WATER SERVICE COMPANY
1720 North First Street
San Jose, CA 95
33. FORCE MAJEURE. All obligations of the CITY other than monetary or
payment obligations shall be suspended for so long as and to the extent performance
thereof is prevented, directly or indirectly, by earthquakes, fires, tornadoes, acts of war,
facility failures, floods, strikes, other casualties, other acts of nature, orders of court or
governmental agencies having competent jurisdiction, or other events or causes beyond
the control of the CITY.
34. POSSESSORY INTEREST TAXES. CAL WATER's interest hereunder
may be subject to property taxation and CAL WATER, as a party in whom a possessing
interest is vested, may be subject to the payment of property taxes levied on such
interest, and shall pay all such possessory interest taxes.
35. RESOURCE ALLOCATION. All obligations of CITY under the terms of
this Agreement are subject to the appropriation and allocation of resources by the City
Council.
36. REMEDIES. The remedies provided in this Agreement are cumulative
and are in addition to any other remedies in law or equity which may be available to
CITY. The election of one or more remedies shall not bar the use of other remedies
unless the circumstances made the remedies incompatible.
37. TAX EFFECT. None of the parties (nor such parties' counsel or
accountants) has made or is making in this Agreement any representation to any other
party (or such party's counsel or accountants) concerning any of the tax effects or
consequences on the other party of the transactions provided for in this Agreement.
Each party represents that it has obtained, or may obtain, independent tax advice with
respect thereto and upon which it, if so obtained, has solely relied.
38. TAX NUMBERS.
"CAL WATER's" Federal Tax Identification No. 94- 0362795 .
"CAL WATER" is a corporation? Yes X No
(Please check one.)
Page 8 of 9
39. TERM. This Agreement shall commence upon date of execution and
continue for a term of thirty five (35) years, after which the Agreement shall
automatically renew for successive ten (10) year periods unless terminated by either
party in writing 180 days prior to the termination date of this Agreement.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed, the day and year first above written.
"CITY" "CAL WATER"
CITY OF BAKERSFIELD CALIFORNIA WATER SERVICE
COMPANY
As
HARVEY L. HALL
Mayor
APPROVED AS TO FORM:
la
VIRGINIA GENNARO
City Attorney
APPROVED AS TO CONTENT:
WATER RESOURCES DEPARTMENT
13
JOHN W. STINSON
Interim Water Resources Manager
COUNTERSIGNED:
am
NELSON SMITH
Finance Director
Attachments: EXHIBIT "A"
EXHIBIT "B"
EXHIBIT "C"
S:\201000NTRACTS\\CWSCOBAgreement 3/12/2010
0
Title:
CALIFORNIA WATER SERVICE
COMPANY
0
Title:
Page 9 of 9
EXHORT "C"
Proposed Plan of Delivery of City of Bakersfield's Kern River Water to
California Water Service Company for BK218 Water Filtration Plant
Introduction
CITY Kern River water supplies vary in quantity from year to year. The CITY's first and highest
priority use of its water supplies is to provide drinking water to its customers whether served
directly by CITY or CAL WATER. Water supplies available to CITY for diversion to the CAL
WATER SBWTP may fluctuate on an annual basis, during normal hydrologic conditions, CITY
will make every effort to meet daily treatment plant flow requirements as indicated in the herein
table entitled "DELIVERY SCHEDULE ". The parties recognize the term "critically" dry year is
based on a number of factors and conditions and therefore agree to confer and mutually agree as
to when a "critically" dry year is occurring or is about to occur and to what extent reductions and
restrictions in the quantity of water delivered to the filtration plant will be made.
An analysis, by CITY, of the annual water supplies that will be made available to CAL WATER
was performed utilizing historical data and review of CITY water right yields.
RESPONSIBIITIES:
CffTY shall:
1.) Honor all presently existing agreements, contracts or documents referring to provisions to
supply Kern River water;
2.) Make best use of its acquired surface storage reservoir space to maximize conservation of
water for SBWTP deliveries;
3.) Operate its "2800 Acres" banking and extraction facility to supplement Kern River flows
during critically "dry" conditions to provide minimum base flows to filtration plant;
4.) Formulate exchanges or trades of water supplies in anticipation of any annual shortages
of CITY water;
5.) Exercise the provisions of certain contracts for priority use of Kern River water within
CITY boundaries and on CITY properties.
CAL WATER shall:
1.) Project annual delivery schedule required to meet filtration plant requirements including
demands for maximum and minimum month & maximum and minimum day;
2.) Optimize use of alternative water supply sources, both treated surface and groundwater
resources, in years of critically dry or low flows on the Kern River;
3.) Use best efforts to regulate receiving Kern River waters into the SBWTP to minimize
peaks and dips in flows.
4.) Place orders for water delivery to the SBWTP through the Dispatch section of CITY
agricultural water division. Orders are to be placed and confirmed on a daily basis.
Annual Delivery ScheduRe
The annual delivery schedule is developed to quantify projected water deliveries for the SBWTP
under various hydrologic conditions on the Kern River. CITY will deliver water in conformance
with the Delivery Schedule shown below when the CITY has the capability to do so. However,
CITY may deliver water consistent with "critically" dry provisions as described below if
hydrologic conditions warrant. The City's diversion and use of Kern River water is entirely
dependent on a number of variable conditions, including the flow of water in the river. If, as a
result of such variable conditions, it is necessary for the City to change the delivery schedule, it
shall promptly inform Cal Water and negotiate a mutually agreeable alternative schedule.
DELIVERY SCHEDULE
Note: (MGD) is million gallons per day
(AF) is acre -feet
(CFS) is cubic feet per second
Revised Deliveries
If CAL WATER desires to vary its delivery schedule, it may do so by submitting a revised
schedule to CITY no later than February 1 of the year for which CAL WATER desires to vary
schedule. CITY shall review and advise CAL WATER of its approval of the revised schedule
for that remaining year by March 1 of that year. CITY will make reasonable efforts to deliver
the water according to the approved revised schedules. The inability of CAL WATER to accept
water when tendered by CITY in accordance with an agreed upon schedule shall be deemed to be
water delivered under terms of this Agreement.
PLANT
MAXIMUM
PEAK
MINIMUM
LOW
ANNUAL
YEAR
CAPACITY
MONTH
FLOW
MONTH
FLOW
TOTAL
(MCD)
(AF)
(CFS)
(AF)
(CFS)
(AF)
[2013
20
22,450
Note: (MGD) is million gallons per day
(AF) is acre -feet
(CFS) is cubic feet per second
Revised Deliveries
If CAL WATER desires to vary its delivery schedule, it may do so by submitting a revised
schedule to CITY no later than February 1 of the year for which CAL WATER desires to vary
schedule. CITY shall review and advise CAL WATER of its approval of the revised schedule
for that remaining year by March 1 of that year. CITY will make reasonable efforts to deliver
the water according to the approved revised schedules. The inability of CAL WATER to accept
water when tendered by CITY in accordance with an agreed upon schedule shall be deemed to be
water delivered under terms of this Agreement.
Water Board Meeting
11. CLOSED SESSION
March 17, 2010
A. Conference with Legal Counsel — Existing Litigation; Closed session pursuant to
subdivision (a) of Government Code section 54956.9. (Two Cases)
State Water Resources Control Board Reference No. KMG:A31674
Kern Delta Water District v. North Kern Water Storage District, and City of
Bakersfield (1952 CEQA action)
KCSC Case No. S- 1500 -CV- 266459 KCT
A
ADMINISTRATIVE REPORT
LIFOI WATER BOARD
MEETING DATE: March 17, 2010 AGENDA SECTION: Closed Session
ITEM: 11. A.
TO: David Couch, Chairman
Harold Hanson, Commissioner
Zack Scrivner, Commissioner
FROM: Virginia Gennaro, City Attorney
DATE: February 23, 2010
DEPARTMENT HEAD
APPROVED
W
CITY ATTORNEY V(S-'
SUBJECT: Conference with Legal Counsel — Existing Litigation
Closed session pursuant to subdivision (a) of Government Code section 54956.9
(Two cases).
• State Water Resources Control Board
Reference No. KMG:A31674
• Kern Delta Water District v. North Kern Water Storage District, and City of
Bakersfield (1952 CEQA action)
Kern County Superior Court Case No. S- 1500 -CV- 266459 -KCT
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