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HomeMy WebLinkAbout05.19.2015 WB Agenda Packet Special MtgCity of Bakersfield Water Board Special Meeting of May 19, 2015 Engineers Point looking at Borel Canal Water Resources File Packet WATER BOARD Harold Hanson, Chair Bob Smith Terry Maxwell CITY OF BAKERSFIELD WATER BOARD SPECIAL MEETING Tuesday, May 19, 2015 - 2:00 p.m. Water Resources Building Conference Room 1000 Buena Vista Road, Bakersfield, CA 93311 AGENDA 1, CALL TO ORDER 2. ROLL CALL 3. MINUTES A. Minutes of the Regular meeting of February 18, 2015 and Special Meeting of April 8, 2015 for approval - For Board Review and Action 4. PUBLIC STATEMENTS 5. REPORTS A. Kern River & Isabella Reservoir Operations Report - For Board Information B. Update on Water Usage in the City's Domestic Water Service Area for - For Board Information b, NEW BUSINESS A. Amendment No, 1 to Agreement No. 12 -074, Kern River Interests Cost Sharing Agreement relating to United States Army Corps of Engineers Restrictions on Use of Isabella Reservoir Storage Space - For Board Review and Action 7. WATER BOARD STATEMENTS t B A K E R S F I E L D WATER BOARD Harold Hanson, Chair Bob Smith Terry Maxwell CITY OF BAKERSFIELD WATER BOARD SPECIAL MEETING Tuesday, May 19, 2015 - 2:00 p.m. Water Resources Building Conference Room 1000 Buena Vista Road, Bakersfield, CA 93311 AGENDA 1, CALL TO ORDER 2. ROLL CALL 3. MINUTES A. Minutes of the Regular meeting of February 18, 2015 and Special Meeting of April 8, 2015 for approval - For Board Review and Action 4. PUBLIC STATEMENTS 5. REPORTS A. Kern River & Isabella Reservoir Operations Report - For Board Information B. Update on Water Usage in the City's Domestic Water Service Area for - For Board Information b, NEW BUSINESS A. Amendment No, 1 to Agreement No. 12 -074, Kern River Interests Cost Sharing Agreement relating to United States Army Corps of Engineers Restrictions on Use of Isabella Reservoir Storage Space - For Board Review and Action 7. WATER BOARD STATEMENTS Water Board Special Meeting Agenda May 19, 2015 Page 2 8. CLOSED SESSION A. Conference with Legal Counsel - Potential Litigation Closed session pursuant to Government Code section 54956.9(d)(2),(e)(1) (Two matters) 9. CLOSED SESSION ACTION 10, ADJOURNMENT a/ ��� ART CHIANELLO, P.E. Water Resources Manager POSTED: May 18, 2015 6AKE � O� �coarox,rep�SCn ADMINISTRATIVE REPORT cAL`` WATER BOARD MEETING DATE: May 19, 2015 AGENDA SECTION: Minutes ITEM: 3. A. TO: Harold Hanson, Chairman Bob Smith, Member Terry Maxwell, Member APPROVED FROM: Art Chianello, Water Resources Manager DEPARTMENT HEAD 6y DATE: May 15, 2015 SUBJECT: Approval of the Minutes of the Regular Water Board Meeting of February 18, 2015 and Special Water Board Meeting of April 8, 2015. RECOMMENDATION: Staff recommends approval of the Minutes. BACKGROUND: �j B A K IE R S F I E L D ivilJUTES OF THE RE LA' EETI OFT E WATER BOARD - CITY OF BAKERSFIELD Wednesday, February 18, 2015 - 2:00 p.m. Water Resources Building Conference Room 1000 Buena Vista Road, Bakersfield, CA 93311 1 . CALL TO ORDER Chairman Hanson called the meeting to order at 2:00 p.m. 2. ROLL CALL Present: Chairman Hanson, Member Smith, Member Maxwell Absent: None 3. MINUTES A. Minutes of the Regular Meeting of January 14, 2015 for approval. ✓'iR�• • • ✓�;��OOc•1F�F�fC>VCff)cl -ill �_�iC�S�i'`lC" �O��i'�.i' � ?7(� �1111���Y 14,2075. APPROVED, ALL AYES 4. PUBLIC STATEMENTS A. Fred Starrh spoke regard delivering water into canal afterdrilling a well to get water to the aqueduct. B. Gene Lundquist, Vice President Kern County Water Agency Board of Directors, spoke regarding Kern County Water Agency connection of wells to River Canal. C. Greg Hammett, General Manager, Belridge Water Storage District, spoke regarding the request that the City reconsider decision to allow hook -up to well. Bakersfield, California, February 18, 2015 - Page 2 5. KERN RIVER LEVEE DISTRICT A. Update on Kern RiverSouth Levee Certification- Adoption of Operation and Maintenance Plan. Art Chianello, Water Resources Manager, gave a brief update and provided background regardingthe Kern River Levee District; Levee accreditation by U.S. Department of Homeland Security, Federal Emergency Management Agency (FEMA); and required Levee updates, final adoption and submittal of the Operation and Maintenance Plan to FEMA. FEMA is asking that a local entity such as Water Board and Cty Council adopt the Plan. Motion by Maxwell to refer the Kern River South Levee Certification and the Operation and Maintenance Plan to the full City Council for adoption. APPROVED, ALL AYES 6. REPORTS A. Kern River & Isabella Reservoir Operations Report John Ryan, Hydrographic Supervisor, reviewed the graphs and stated the California Departmentof Water Resources issued the February report forsnow pack runoff and deemed 33 percent of normal with a yield of 155,000 acre feet. Mr. Ryan stated the City's forecast model is approximately 104,000 acre feet. The reasoning behind that is the state's new model factor in precipitation more than snow pack. The future month's weatherforecast is not too promising and we are hoping it gets better. Information only, no action taken. Maxwell requested staff provide him with the Kern River Basin Snowpack Accumulation for 2011 -12. Update on Water Usage in the City's Domestic Water Service Area for December 2014. Jason Meadors, Water Resources Director, stated residents in the City's domestic water services area continue to conserve water. The total reduction for December 2014 was 7.9 percent, with the reduction per capita at12.3 percent. The City added 1,073 new residential connections to the domestic water service area from December 2013 to December 2014. In addition, the water usage for January 2015 was a 21.6 percent reduction, and the per capita reduction was 24.6 percent, 104 gallons per capita.The City has met the 20 percent required reduction goal and will continue water conservation efforts. Residents continue to conservewater. Chairman Hanson requested staff include the number of new homes that have been added in the last month in future water usage updates? Member Maxwell requested staff provide a water usage comparison with other cities in the central valley andalso cities at the coast Bakersfield, California, February 18, 2015 - Page 3 7. HEARINGS -None 8. DEFERRED BUSINESS - None 9. NEW BUSINESS A. Southern California Edison Water Holding Agreement Art Chianello, Water Resources Manager, gave a brief history and stated the Southern California Edison Powerhouse was built in the early 1900's on the Kern River prior to the Isabella dam, built in 1954. Power flow rules were established at that time and are adhered to today. The agreement will allow the City to keep valuable water in storage in the March through June time period and allow it to be used later during peak months of summer. This agreement will expire on June 30, 2015. Staff requests the Board review and recommend to the full City Councilfor approval. Motion by Maxwell to refer the Southern California Edison Wafer Holding Agreement to the full City Council forapproval. APPROVED, ALL AYES 10. MISCELLANEOUS - None 1 1 . WATER BOARD STATEMENTS- None 12. CLOSED SESSION A. Conference with Legal Counsel- Existing Litigation Closed Session pursuant to Government Code ection 54956.9(d) (1) (One case) North Kern Water Storage District v. City of Bakersfield Ventura County Superior Court Case No. 56 -201 1- 00408712- CU- CO -VTA Recess to Closed Session at 2:40 p.m. Closed Session was adjourned at 3:08 p.m. 13. CLOSED SESSION ACTION Virginia Gennaro, City Attorney, there was no reportable action on Closed Session Item 12. A. 14. ADJOURNMENT Chairman Hanson adjourned the meeting at 3:09 p.m. Harold Hanson, Chairman City of Bakersfield Water Board Bobbie Zaragoza, CMC Secretary, City of Bakersfield Water Board B A K E R S F I E L D MINUTES OF THE SPECIAL MEETING OF THE WATER BOARD - CITY OF BAKERSFIELD Wednesday, April 8, 2015 - 2:00 p.m. Water Resources Building Conference Room 1000 Buena Vista Road, Bakersfield, CA 93311 CALL TO ORDER Chairman Hanson called the meeting to order at 11:00 a.m. 2. ROLL CALL Present: Chairman Hanson,Member Maxwell Absent: Member Smith 3. PUBLIC STATEMENTS A. Greg Hammett, General Manager, Belridge Water Storage District, stated he is here to make the bi- monthly request for the City to reconsider connecting their well to the river canal. Everyday day that goes by is less water they can extract from the facility. He said they are not asking for anything other than to be able to extract and recoverwaterthey banked previously and asked that the City reconsider that request. B. Fred Starrh stated they are still hurting for water. He stated they havel3,000 acre feet of water they paid for and banked and they want to recoverthe water for this year. That water will allow them to keep about 600 acres of almond trees alive, that otherwise they will have to let dry up. Last year 1000 acres went dry because off he watershortage and at the moment there is no water available for sale. They are requesting to recover some of the water they paid for. He stated they paid good money to put the water into the ground for this purpose and now they want to recover the water. They are making the same requestthat the City allow them to connectto the well and put thatwater into the canal to deliver into the aqueduct. C. Ted Page, President, Board of Directors, Semitropic Water Storage District, stated what they are requesting is consistent with all the banking projects in the County and the state of California. They have been previously allowed to connect to the river canal without objection until this moment. The water that Mr. Starrh has banked also has a component for leave behind water that stays in the basin that he has to comply with. Mr. Starrh is not going to take exactly what he put underground. He stated they are making the same request, to the same situationas previously. Bakersfield, California, April 8, 2015 - Page 2 4. REPORTS A. Kern River & Isabella Reservoir Operations Report John Ryan, Hydrographic Supervisor, reviewed the graph activity of the Kern River Inflow /Outflow and storage. The storage is static and will remain thatway for most of the summer. The April 1 st snowpack was at 3 percent of normal, which is a' /2 inch of snow and the normal should be 21.6 inches of snow. The Department of Water Resources snows surveys B-120 report states the 50 percent exceedance level is 65,000 acre feet, the 90 percent exceedance level was at 45,000 acre feet total for the Kern River group. The lowest recorded was approximately 85,000 acre feet, even with the lowest we are still 20,000 acre feet below the all -time record. For Board information only, no action taken. 5. NEW BUSINESS A. Emergency Ordinance adding Chapter 14.25 to the Bakersfield Municipal Code relating to Regulations for Urban Water Conservation to Limit Irrigation on Turf and Landscapes Art Chianello, Water Resources Manager, provided background information. City Attorney Gennaro stated staff is presenting a draft emergency ordinance as a result of the State Water Resources Control Board regulations. Staff will incorporated language regarding water runoff; business and commercial properties; and penalties, into the proposed emergency ordinance. Chairman Hanson stated for the record, he is absolutely against tiered water pricing. Chairman Hanson stated the City needs to set the greatest example on water conservation and the City will have tough choices, including the spray parks. Maxwell requested staff provide a presentation to the City Council highlighting the City's conservation efforts. Motion by Maxwell to refer the Emergency Ordinance, with incorporated language, to the full City Council for adoption. Approved all ayes, Smth absent Agreement for a Dry Year Water Supply with Kern County Water Agency, Improvement District No. 4 Jason Meadors, Water Resources Directed, gave a brief update. Motion by Maxwell to refer the Agreementfor a Dry Year Water Supply with Kern County Wafer Agency, Improvement District No. 4 (not to exceed $480,000) to the full City Council for adoption. Approved all ayes, Smith absent Bakersfield, California, April 8, 2015 - Page 3 5. NEW BUSINESS continued C. Resolution Setting Domestic Water Availability Fees for service areas of the City of Bakersfield Domestic Water System. Maurice Randall, Business Manager, gave a brief update and background information. Staff is requesting the Board approve the increase and refer to the City Council for adoption. A public hearing before the City Council is scheduled on June 3, 2015. Motion by Maxwell to refer the Resolution, to the full City Council for adoption. Approved all ayes, Smith absent 6. WATER BOARD STATEMENTS Vice Mayor Hanson stated it is tough times and unfortunately the spray parks are also affected. Also, for future years maybe we can get some of the water from the Delta. 7. ADJOURNMENT Vice Mayor Hanson adjourned the meeting at 12:50 p.m. Harold Hanson, Chairman City of Bakersfield Water Board Bobbie Zaragoza, CMC Secretary, City of Bakersfield Water Board o`B°wKERs ADMINISTRATIVE REPORT cAIF WATER BOARD MEETING DATE: May 19, 2015 AGENDA SECTION: Reports ITEM: TO: Harold Hanson, Chairman Bob Smith, Member Terry Maxwell, Member APPROVED FROM: Art Chianello, Water Resources Manager DEPARTMENT HEAD aC DATE: May 13, 2015 SUBJECT: Kern River & Isabella Reservoir Operations Report RECOMMENDATION: For Board Information BACKGROUND: Report by John Ryan Hydrographic Supervisor on current Kern River flow and Isabella storage conditions. 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TO: FROM: DATE: SUBJECT Harold Hanson, Chairman Bob Smith, Member Terry Maxwell, Member Art Chianello, Water Resources Manager DEPARTMENT HEAD May 18, 2015 / A'PPROVED C� Update on Water Usage in the City's Domestic Water Service Area for January through April 2015. RECOMMENDATION: For Board information. BACKGROUND: The emergency drought regulations implemented by the Governor require the City to report water usage to the State by the 15'h of each month. The City began reporting monthly water usage for its domestic water service area in June 2014. The tables below show information that was reported to the State for the months of January through April 2015. Note that one (1) CCF is one hundred cubic feet, or 748 gallons. "R -CPCD" is the residential gallons per person per day water usage. Jan 2013 Jan 2015 Increase/ Decrease(-) Total Water 827,713 788,322 -4.8% Produced CCF Population 134,578 141,030 6,452 Residential Use 76.4% 76.9 Percentage R -GPCD 113 104 -8.5% Total Residential 38,568 40,417 1,849 Connections Feb 2013 Feb 2015 Increase/ Decrease(-) Total Water 754,198 666,830 - 11.6% Produced CCF Population 134,655 141,581 6,926 Residential Use 76.4% 78.3% Percentage R -GPCD 114 99 - 13.7% Total Residential 38,590 40,575 1,985 Connections a11111pprlrlllr NNy /" a` ADMINISTRATIVE REPORT WATER BOARD Mar 2013 Mar 2015 Increase/ Decrease(-) Total Water 893,447 765,680 - 14.3% Produced CCF Population 135,321 142,035 6,714 Residential Use 74.1 % 73.9% Percentage R -GPCD 118 96 - 18.6% Total Residential 38,781 40,705 1,924 Connections Apr 2013 Apr 2015 Increase/ Decrease(-) Total Water 1,187,277 1,196,742 0.8% Produced CCF Population 135,541 142,370 6,829 Residential Use 73.1 % 72.5% Percentage R -GPCD 160 152 -4.8% Total Residential 38,844 40,801 1,957 Connections BAKE O� aLOPPa RATE �S� ADMINISTRATIVE REPORT cgLF WATER BOARD MEETING DATE: May 19, 2015 AGENDA SECTION: New Business ITEM: 6. A. TO: Harold Hanson, Chairman Bob Smith, Member Terry Maxwell, Member FROM: Art Chianello, Water Resources Manager DATE: May 14, 2015 APPROVED DEPARTMENT HEAD Z761 SUBJECT: Amendment No. 1 to Agreement No. 12 -074, Kern River Interests Cost Sharing Agreement Relating to United States Army Corps of Engineers Restrictions on Use of Isabella Reservoir Storage Space RECOMMENDATION: For Board Review and Recommendation to the City Council for approval. BACKGROUND: On April 20, 2006, the United States Army Corps of Engineers (Corps) convened a Seepage Advisory Panel for the purpose of evaluating information regarding water seepage at Isabella Auxiliary Dam. On April 27, 2006, the Corps acting upon technical advice from the Advisory Panel, declared an emergency and restricted the storage space in Isabella Reservoir by sixty -three percent for the months of March through September. As a result, the storage has been limited from a maximum of 568,100 acre -feet to 360,000 acre -feet. This restriction is intended to remain in place until the dam is repaired; projected completion is the end of 2021. The Kern River Interests with storage rights in Isabella Reservoir have determined that certain expert consultants be retained to advise the Kern River Interests on issues regarding Isabella Dam and Reservoir and to ensure the Corps completes the necessary repairs expeditiously and with the least impact to the Kern River Interests. The Kern River Interests desire to amend Agreement 12 -074 to extend its term and to address the continuing process of the Isabella Dam Remediation project. Also, to address a new potential restriction of storage resulting from the proposed designation of critical habitat for the Yellow Billed Cuckoo under the Endangered Species Act. The proposed term of this cost sharing Agreement is five (5) years with an annual cost of $50,000, which equates to a total cost of $250,000. Of this cost, the City of Bakersfield's share is fourteen (14 %) percent. Therefore a projected annual cost to the City of Bakersfield is seven thousand ($7,000) dollars. Funds are available in the department's current year operating budget within the Agricultural Water Enterprise Fund. AGREEMENT NO. 12-0740) AMENDMENT NO. 1 TO AGREEMENT NO. 12 -074, KERN RIVER INTERESTS COST SHARING AGREEMENT RELATING TO UNITED STATES ARMY CORPS OF ENGINEERS RESTRICTIONS ON USE OF ISABELLA RESERVOIR STORAGE SPACE THIS AMENDMENT TO AGREEMENT NO. 12 -074 is made and entered into as of June 6, 2015, 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 (CITY), 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 Wafer 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 Watermasfer 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 wafer at Isabella Dam and Reservoir was returned to the Kern River Watermasfer; and Page 1 WHEREAS, the Corps has indicated that it intends to conduct further investigation, monitoring, study and planning to develop both short and longterm plans concerning seepage at Auxiliary Dam and related seismic and spillway issues associated with Isabella Dam and Reservoir ( "Structural Investigations "); and WHEREAS, 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, the Parties have determined it necessary that 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 extent 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 Dam and Reservoir and to ensure the Corps completes 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 such purposes mentioned above and that agreement expired in August 2007; and WHEREAS, the Parties previously entered into a cost sharing agreement on March 17, 2010 for such purposes mentioned above and that agreement expired in April 2012; and WHEREAS, the Parties previously entered into an additional cost sharing agreement on June 6, 2012, Agreement 12 -074, for such purposes mentioned above and that agreement will expire on June 5, 2015; and WHEREAS, the Parties desire to amend Agreement 12 -074 to extend its term and to address the continuing process of the Isabella Dam Remediation project, and a new potential restriction of storage resulting from the proposed designation of critical habitat for the Yellow Billed Cuckoo under the Endangered Species Act. Page 2 NOW, THEREFORE, incorporating the foregoing recitals herein, it is agreed that the following paragraphs of Agreement No. 12 -074 are amended as provided herein. Unless expressly amended herein, all other terms and provisions of Agreement No. 12 -074 are unchanged and shall remain in full force and effect. 1.1 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 (a) expediting the design and construction efforts of the U.S. Army Corps of Engineers ( "Corps ") in connection with the Isabella Lake Dam Safety Modification Project, (b) review and execution of an amended contract for storage with the Corps, (c) review and comments on the proposed designation of critical habitat for the Yellow Billed Cuckoo, and (d) such other matter unanimously agreed to in writing by the Parties. The objective of this Agreement continues to be to facilitate the goal of the Parties to minimize the restriction in the operation of Isabella Dam and Reservoir. 2.2.4. Procedures: The Watermaster shall promptly provide a copy of all Consultant invoices covered by this Agreement to each member of the Committee by email for approval by the Committee for payment. 2.3.2. Funding Limit: To replenish the Account, within 30 days of the effective date of this amendment to the Agreement, the Parties will contribute an additional $50,000 to the Account, in the same proportion to the percentages outlined in 2.3.1. The total cost sharing authorized by the Parties for the additional five year term of this Agreement shall not exceed $250,000 absent the written consent of all the Parties and shall be paid in the same proportion to the percentages outlined in 2.3.1. Any funds remaining in the Account at the expiration of the additional five year term of this Agreement shall be promptly refunded to the Parties in proportion to the percentages pursuant to paragraph 2.3.1. 3. TERM. This Agreement, as amended, shall continue in full force and effect for five (5) years following the effective date of the amendment to the Agreement. This Agreement, and the amendment to the Agreement, is null and void if not signed by all Parties. IN WITNESS WHEREOF, the Parties thereto have executed this Amendment to the Agreement in the day and year first -above written. Page 3 "City" CITY OF BAKERSFIELD Bv: Harold Hansen Vice -Mayor APPROVED AS TO CONTENT: WATER RESOURCES DEPARTMENT By: ART CHIANELLO Water Resource Manager APPROVED AS TO CONTENT: VIRGINIA GENNARO Bv: VIRGINIA GENNARO City Attorney COUNTERSIGNED: Bv: NELSON SMITH Finance Director "PARTIES" BUENA VISTA WATER STORAGE DISTRICT Print Name: Title: KERN COUNTY WATER AGENCY Bv: Print Name: Title: KERN DELTA WATER DISTRICT By: Print Name: Title: NORTH KERN WATER STORAGE DISTRICT By: Print Nam Title: Page 4 AGREEMENT NO. 12-074 KERN RIVER INTERESTS COST SHARING AGOWENT RELATING TO UNITED STATES ARMY CORPS OF ENGINEERS RESTRICTIONS ON USE OF ISABELLA RESERVOIR STORAGE SPACE THIS AGREEMENT is made and entered into on JUN U B 2012 , 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 (CITY), 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 Kern River Interests Cost sharing Agreement for Isabella Reservoir and Dam SA2012 CONTRACTSVINAL Bakersfield- Isabella Share Costs Agr,Docx April 24, 2012 -- Page I of 7 Pages -- o ' 0 'j ORIGINAL WHEREAS, 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, the Parties have determined it necessary that the Corps comrT�i 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 extent 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 • Issues regarding Isabella Dam and Reservoir and to ensure the Corps completes 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 August 1, 2006 for such purposes mentioned above and that agreement expire in August 2007; and i WHEREAS, the Parfies previously entered into a cost sharing agreement on March 17, 2010 for such purposes mentioned above and that agreement expired In April 2012; and 106, wo 1001 i , 0� • • &TITAki-AI12I 5 Affimoligoialziego-je -I�Lq -4:SvIl 'Ner- - -Rona eo IL-16 L •'-Eq117 10VA migmEw'-mi; • j -F • NOW, THEREFORE, incorporafing the foregoing recitals herein, It is agreel .s follows: frem N97a I I MORE Kern Rver Interests Cost sharing Agreement for Isabella Reservoir and Dam S:\2012 CONTPACTS\FINAL Bakersfleld-Isabella Share Costs Agr,Docx AprIf 24, 2012 -- Page 2 of 7 Pages -- A ke�t OR!GINAL restriction in the operation of Isabella Dam and Reservoir �uring the pendency of the Structural Investigations, X 2.2. Committep Responji_bIlItles: The Committee shall have th,-,, following responsibilities: 2.2.1. Make a nonbinding recommendation to the Parties that certain Consultants be retained, including but not limited to, the following: 2.2.1.1. 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 I *ther matters as determined by the'CommIttee will be selected and retained by egal counsel for the Watermaster on behalf of the Parties, 0 2.2.1.2. gayq_rnmental Relations: An expert in government relations qualified to advise the Parties with regard to Corps rules and regulations, legislation, congressional funding and appropriations, and other matters as determined by the Committee will be selected and retained by legal counsel for the Watermaster on behalf of the Parties. 2.2.1.3. : An attorney to advise the parties with regard to various legal matters concerning Isabella Dam and Reservoir, including but not limited to the Corps restrictions on use of the conservation storage space, and additional issues, 2.2.1.4. Other: Other such experts qualified til advise the Parties on additional matters as determined by the Committ'aw necessary to achieving the purpose of this Agreement will be addressed -iecessary • the Parties, M Kern River Interests Cost sharing Agreement tor Isabella Reservoir and Dam 5:12012 CONTRACTS \ FINAL Bakersfield - Isabella Share Costs Agr.Docx April 24. 201 Z -- Page 3 of 7 Pages -- ORIGINAL Any proposal Specific expert advisor ("Consultant") be decided by the Parties by unanimous agreement following recommendation by the Committee. 2.2-6. Prepare and recommend to the Parties appropriate written consultation agreements; of any Consultant; 2.2,7, Determine the appropriate scope of work and budget 2.2.8. Supervise all work of the Consultants; and 2,2.9. Review and approve payment of Consultant invoices; . Make other _ o s - Parties ate; appropriate. - Parties aendeavor o re a o o all •- <, �AkF�, Kern RIver Interests Cost sharing Agreement for Isabella Reservoir and Dam S: \2012 CONTRACTS \FINAL Bakersfield- Isabella Share Costs Agr.Docx _. April 24, 2012 Cz v -- Page 4 of 7 Pages -- ORIDNAL 2.3. 000 shaflanp: 2.3. T. Funding COntIbUflono: 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 between the Parties as follows: 4.1. Nofices: Written Notices to Parties hereunder shall be sufficient if delivered to the principle office of the respective Party, 4.2. Amendm This Agreement may be amended, or renewed, in writing at any time and from time to time by unanimous consent of all the Parties. Kern River Interests Cost sharing Agreement for Isabella -Reservoir and Dom S:\2012 CONTRACTS � A NAL Bakersfeld-Isabella Share Costs Agr,Docx April 24, 2012 -- Page 5 of 7 Pages -- ORRGJNAL 4.3. 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. 4.4. Severobility: 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. 4.5. Multiple Originals: This Agreement may be executed in counterparts, each of which shall be deemed an original. 4.6. 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. 4.7. 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 interest with regard to any such subjects and future agreements, IN WITNESS WHEREOF, the Parties thereto have executed this Agreement in the day and year first -above written. CITY OF M "CITY" David Couch Vice -Mayor "PARTIES" BUENA VISTA WATER STORAGE DISTRICT "*1 By. L Print Name, Title;v�a More signatures on next page Kern River Interests Cost sharing Agreement for Isabella Reservoir and Dam S: \2012 CONTRACTS\FINAL Bakersfield - Isabella Share Costs Agr.Docx April 24, 2012 -- Page 6 of 7 Pages -- �i AkF 4 y, U ORIGINAL APPROVED AS TO CONTENT: WATER RESOURCE DEPARTMENT By: 1�21, a2* �-- ART CHIANELLO Water Resource Manager APPROVED S TOF RM: VIRGINIA ENNARO By: Ca VIR61NIA GtNNARO City Attorney COUNTERSIGNED: • Finance Director Kern River Interests Cost sharing Agreement for Isabella Reservoir and Dam S: \2012 CONTRACTS \FINAL Bakersfleld- Isabella Share Costs Agr.Docx Apol 24, 2012 KERN COUNTY WATER AGENCY By: Print Na - Jim,-5 Title: C -42VW -- 6kAiWA (q;I5e- KERN DELTA WATER DISTRICT Print Name: Title: NORTH KERN WATER STORAGE DISTRICT By: Print Name: Title: -- Page 7 of 7 Pages -- rn v G ORIGINAL * »'?$2\ ■�$ d$ \ \ \� <f± f2xk 2 �d�. ART HI \� \s r::\# Water Resource Manager f ?�.. . >� . .. I »Z# 22■ 2\2# » #\d «�fd11 d\2\ ±f+ 0 ° ^*^ U \ \ k-Tx 2 < ?f# City Attorney « # \d222d« >» 0 22\ +22%22 2 ©#»2¢ ■»t2i ■° /20%cACTS�N7���i�i2rec�o\ Dam April #&9 M H¥Name: Title: }:2 ] ORTH KERN WATER SOAGED«v : . £ d » —� � %¥Na me: T)&Q& PNdIJOJ Title: - Page 7of7 Pages - i�� Kk- � 9 3 \ ORIGINAL BAKE O�awvo�r�Rs (� ♦ 1CA ADMINISTRATIVE REPORT I`s IFO WATER BOARD L MEETING DATE: May 19, 2015 AGENDA SECTION: Closed Session ITEM: R . A - TO: Harold Hanson, Chairman Bob Smith, Commissioner Terry Maxwell, Commissioner FROM: Virginia Gennaro, City Attorney DEPARTMENT HEAD DATE: April 30, 2015 CITY ATTORNEY APPROVED VC, SUBJECT: Conference with Legal Counsel — Potential Litigation Closed session pursuant to Government Code section 54956.9(d) (2),(e) (1) (Two matters). vG:dii 5: \WATER \Waterboard \14 -15 Clsessionadmin \05- 13- 15.Potlit.Docx 4/30/2015