HomeMy WebLinkAbout05.25.2016 WB Agenda Packet Regular MtgCity of Bakersfield
Water Board
Regular Meeting of
May 25, 2016
Sherman Peak — May 17, 2016
Water Resources
File Packet
WATER BOARD
Harold Hanson, Chair
Bob Smith
Terry Maxwell
CITY OF BAKERSFIELD
WATER BOARD
REGULAR MEETING
Wednesday, May 25, 2016 - 2:00 p.m.
Water Resources Building Conference Room
1000 Buena Vista Road, Bakersfield, CA 93311
AGENDA
CALL TO ORDER
2. ROLL CALL
3. MINUTES
A. Minutes of the Regular Meeting of March 16, 2016 for approval - For Board
Review and Action
4. PUBLIC STATEMENTS
5. REPORTS
A. Kern River & Isabella Reservoir Operations Report - For Board Information
B. Report on State Water Resources Control Board Recently Adopted Water
Conservation Regulations- For Board Information
6. HEARINGS
7. DEFERRED BUSINESS
8. NEW BUSINESS
A. Storm Drain Agreement between City of Bakersfield and Kern Delta Water
District - For Board Review and Recommendation to be a Department
Agreement
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WATER BOARD
Harold Hanson, Chair
Bob Smith
Terry Maxwell
CITY OF BAKERSFIELD
WATER BOARD
REGULAR MEETING
Wednesday, May 25, 2016 - 2:00 p.m.
Water Resources Building Conference Room
1000 Buena Vista Road, Bakersfield, CA 93311
AGENDA
CALL TO ORDER
2. ROLL CALL
3. MINUTES
A. Minutes of the Regular Meeting of March 16, 2016 for approval - For Board
Review and Action
4. PUBLIC STATEMENTS
5. REPORTS
A. Kern River & Isabella Reservoir Operations Report - For Board Information
B. Report on State Water Resources Control Board Recently Adopted Water
Conservation Regulations- For Board Information
6. HEARINGS
7. DEFERRED BUSINESS
8. NEW BUSINESS
A. Storm Drain Agreement between City of Bakersfield and Kern Delta Water
District - For Board Review and Recommendation to be a Department
Agreement
Water Board Agenda
May 25, 2016
Page 2
B. Amendment to Ming Lake Temporary Services Agreement with County of
Kern. - Staff Recommend that the Water Board Refer Agreement to City
Council for Approval.
9. KERN RIVER LEVEE DISTRICT
10. MISCELLANEOUS
11. WATER BOARD STATEMENTS
12. CLOSED SESSION
A. 1. Conference with Legal Counsel - Potential Litigation
Closed session pursuant to Government Code section 54956.9(d)(2),
(e)(1). (One matter)
2. Conference with Legal Counsel - Existing Litigation
Closed session pursuant to Government Code section 54956.9(d)(1).
(One matter)
• North Kern Water Storage District v. City of Bakersfield
Ventura County Superior Court Case No, 56 -2011- 00408712- CU -CO-
VTA Court of Appeal - Second Appellate District - Division Six - Civil
No. B260065
13. CLOSED SESSION ACTION
14. ADJOURNMENT
ART CHIANELLO, P.E.
Water Resources Manager
POSTED; May 20, 2016
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ADMINISTRATIVE REPORT
c9L WATER BOARD
MEETING DATE: May 25, 2016 AGENDA SECTION: Minutes
ITEM: 3. A.
TO:
FROM:
DATE:
SUBJECT
Harold Hanson, Chairman
Bob Smith, Member
Terry Maxwell, Member
Art Chianello, Water Resources Manager DEPARTMENT HEAD
May 20, 2016
APPROVED
6'�'d
Approval of the Minutes of the Special Water Board Meeting of March 14, 2016.
RECOMMENDATION:
Staff recommends approval of the Minutes of the Special Water Board Meeting of
March 14, 2016.
BACKGROUND:
MINUTES OF THE SPECIAL MEETING
OF THE
WATER BOARD - CITY OF BAKERSFIELD
Wednesday, March 14, 2016 - 4:00 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 4:00 p.m.
2. ROLL CALL
Present: Chairman Hanson, Member Smith, Member Maxwell
Absent: None
3. MINUTES
A. Minutes of the Regular Meeting of February 17, 2016 for approval.
Motion by Maxwell to approve the minutes of the Regular Meeting of February 17,
2016. APPROVED, ALL AYES
4. PUBLIC STATEMENTS - None
5. KERN RIVER LEVEE DISTRICT - None
6. REPORTS
A. Kern River & Isabella Reservoir Operations Report.
John Ryan, Hydrographic Supervisor, reviewed the operations graphs and stated
the Isabella storage at midnight was 50,583 acre feet; the natural flow is at 650 cfs,
the ouff low is in the 300 cfs range. We do see spikes, but the overall trend is
increased flow into Lake Isabella, The Kern River basin snow pack accumulation
model is still below normal; the April runoff average is in the 71 % range of normal
snow pack for this time of year, On March 10th the State Department of Water
Resources updated the water runoff to 320,000 acre feet, 69% of normal. Our city
model is currently tracking at 330,000 acre feet or 71 % of normal. Either way there
will be a little bit of yield off the snowpack. The storm last Friday, gave us about 1/3
of an inch of water content in our basin. Unfortunately the weather forecast is for
five days of dry and spring like weather, Information only, no action taken.
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MINUTES OF THE SPECIAL MEETING
OF THE
WATER BOARD - CITY OF BAKERSFIELD
Wednesday, March 14, 2016 - 4:00 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 4:00 p.m.
2. ROLL CALL
Present: Chairman Hanson, Member Smith, Member Maxwell
Absent: None
3. MINUTES
A. Minutes of the Regular Meeting of February 17, 2016 for approval.
Motion by Maxwell to approve the minutes of the Regular Meeting of February 17,
2016. APPROVED, ALL AYES
4. PUBLIC STATEMENTS - None
5. KERN RIVER LEVEE DISTRICT - None
6. REPORTS
A. Kern River & Isabella Reservoir Operations Report.
John Ryan, Hydrographic Supervisor, reviewed the operations graphs and stated
the Isabella storage at midnight was 50,583 acre feet; the natural flow is at 650 cfs,
the ouff low is in the 300 cfs range. We do see spikes, but the overall trend is
increased flow into Lake Isabella, The Kern River basin snow pack accumulation
model is still below normal; the April runoff average is in the 71 % range of normal
snow pack for this time of year, On March 10th the State Department of Water
Resources updated the water runoff to 320,000 acre feet, 69% of normal. Our city
model is currently tracking at 330,000 acre feet or 71 % of normal. Either way there
will be a little bit of yield off the snowpack. The storm last Friday, gave us about 1/3
of an inch of water content in our basin. Unfortunately the weather forecast is for
five days of dry and spring like weather, Information only, no action taken.
Bakersfield, California, March 14, 2016 - Page 2
6. REPORTS continued
A. Hanson requested Staff look into the possibility of incorporating the graphs within
the California Water Service water billings or encourage the Bakersfield
Californian to print the graphs. He feels this may have an impact on consumers to
reduce water use.
Art Chianello, Water Resources Manager, stated staff will look into Mr. Hanson's
request.
9. NEW BUSINESS
A. Agreement for Dry Year Water Supply between City and Kern County Water
Agency Improvement District No. 4 (not to exceed $400,000).
Motion by Maxwell to approve the agreement and forward to the City Council for
approval at the March 30, 2016 meeting. Approved all ayes.
10. MISCELLANEOUS - None
11. WATER BOARD STATEMENTS - None
12. CLOSED SESSION
A. Conference with Legal Counsel - Potential Litigation
Closed Session pursuant to Government Code section 54956.9(d)(2),(e)(1)
(One matter)
Recess to Closed Session at 4;10 p.m.
Closed Session was adjourned at 4;39 p.m,
13. CLOSED SESSION ACTION
Virginia Gennaro, City Attorney, stated by unanimous vote the Water Board authorized
staff to move forward with adding ID4 to the MOU for the Kern River Groundwater
Sustainability Agency on the terms of majority vote and also authorizing staff and the vice
Mayor to have some flexibility in presenting that MOU to the Council on March 30th.
14. ADJOURNMENT
Chairman Hanson adjourned the meeting at 4;40 p.m.
Harold Hanson, Chairman
City of Bakersfield Water Board
Bobbie Zaragoza, CIVIC
Secretary, City of Bakersfield Water Board
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ADMINISTRATIVE REPORT
cAL ' WATER BOARD
MEETING DATE: May 25, 2016 AGENDA SECTION: Reports
ITEM: 5. A.
TO: Harold Hanson, Chairman
Bob Smith, Member
Terry Maxwell, Member
FROM: Art Chianello, Water Resources Manager
DATE: May 20, 2016
APPROVED
DEPARTMENT HEAD J'66
SUBJECT: Kern River & Isabella Reservoir Operations Report
RECOMMENDATION: For Board Information
BACKGROUND: Report by John Ryan, Superintendent, on current Kern River flow and Isabella
storage conditions.
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ADMINISTRATIVE REPORT
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MEETING DATE: May 25, 2016 AGENDA SECTION: Reports
ITEM: 5. B.
TO: Harold Hanson, Chairman
Bob Smith, Member
Terry Maxwell, Member
FROM: Art Chianello, Water Resources Manager DEPARTMENT HEAD
DATE: May 19, 2016
APPROVED
SUBJECT: Report on State Water Resources Control Board Recently Adopted Water
Conservation Regulations
RECOMMENDATION: For Board Information
BACKGROUND: On May 18'", the State Water Resources Control Board adopted a revised
statewide water conservation approach. This approach replaces the prior percentage
reduction -based water conservation standard with a localized self- certification approach of a
water supply. This approach allows a local water supplier to be able to account for his unique
circumstance of water supplies and develop a local water conservation target.
This new methodology along with other watering restrictions will become a part of the states
extended emergency regulations for urban water conservation and will be effective through
the end of January 2017. Staff will provide a verbal report providing further details on this
subject.
State Water Board Adopts 'Stress Test'
Approach to Water Conservation Regulation
For Immediate Release
May 18, 2016
Contact: George Kostyrko
gkostyrko @waterboards.ca.gov
SACRAMENTO — The State Water Resources Control Board today adopted a statewide water
conservation approach that replaces the prior percentage reduction -based water conservation
standard with a localized "stress test" approach that mandates urban water suppliers act now
to ensure at least a three year supply of water to their customers under drought conditions.
Recognizing persistent yet less severe drought conditions throughout California, the newly
adopted emergency regulation will replace the Feb. 2 emergency water conservation
regulation that set specific water conservation benchmarks at the state level for each urban
water supplier. Today's adopted regulation, which will be in effect through January 2017,
requires locally developed conservation standards based upon each agency's specific
circumstances.
These standards require local water agencies to ensure a three -year supply assuming three
more dry years like the ones the state experienced from 2012 to 2015. Water agencies that
would face shortages under three additional dry years will be required to meet a conservation
standard equal to the amount of shortage. For example, if a water agency projects it would
have a 10 percent supply shortfall, their mandatory conservation standard would be 10
percent.
"Drought conditions are far from over, but have improved enough that we can step back from
our unprecedented top -down target setting," said State Water Board Chair Felicia Marcus.
"We've moved to a 'show us the water" approach, that allows local agencies to demonstrate
that they are prepared for three more lousy water years. This reporting will show us what
agencies plan to do, and how they do, throughout the year. Trust, but verify. In the meantime,
we'll be watching and prepared to come back with the 25 percent state mandate early next
year if necessary, which we hope it won't be."
All of the projections and calculations used to determine the new conservation standards will
be disclosed publicly. They will include information provided by regional water distribution
agencies (wholesale suppliers) about how regional supplies (including imported water,
recycled water, groundwater, storm water, and desalinated water) would fare during three
STATE WATER RESOURCES CONTROL BOARD
1001 1 Street, Sacramento, CA 95814 - Mailing Address: P.O. Box 100, Sacramento, CA 95812 -0100 - www.waterboards.ca.gov
additional dry years. The regulation requires urban water supplier to continue their monthly
conservation reporting.
The adopted regulation also keeps in place the specific prohibitions against certain water uses.
Those prohibitions include watering down a sidewalk with a hose instead of using a broom or a
brush, or overwatering a landscape to where water is running off the lawn, over a sidewalk and
into the gutter. Prohibitions directed to the hospitality industry also remain in place.
Prohibitions against home owners associations taking action against homeowners during a
declared drought remain as well.
The adopted regulation is the result of feedback from urban water suppliers, a public workshop
on April 20 to receive input on conservation needs through the summer and fall, and lessons
learned since the Water Board first adopted drought emergency water conservation
regulations.
"El Nino didn't save us, but this winter gave us some relief," said Chair Marcus. "It's a reprieve
though, not a hall pass, for much if not all of California. We need to keep conserving, and work
on more efficient practices, like keeping lawns on a water diet or transitioning away from them.
We don't want to cry wolf, but we can't put our heads in the sand either."
As directed by Governor Edmund G. Brown Jr. in Executive Order B- 37 -16, the Board will
separately take action to make some of the requirements of the regulation permanent. The
new emergency conservation standards take effect in June and remain in effect until the end of
January 2017. More information on the Board action today can be found here.
Background
In his April 1, 2015 Executive Order, Gov. Brown mandated a 25 percent water use reduction
by users of urban water supplies across California. In May 2015, the State Water Board
adopted an emergency regulation requiring an immediate 25 percent reduction in overall
potable urban water use. The regulation used a sliding scale for setting conservation
standards, so that communities that had already reduced their R -GPCD through past
conservation had lower mandates than those that had not made such gains since the last
major drought.
On Feb. 2, 2016, based on Gov. Brown's November 2015 Executive Order, the State Water
Board approved an updated and extended emergency regulation to continue mandatory
reductions through October, unless revised as they were today. The extended regulation took
into account some factors that influence water use: climate, population growth and significant
investments in new local, drought - resilient water supplies such as wastewater reuse and
desalination. The February Board action reduced the maximum conservation standard to
below 25 percent, but above 20 percent, depending on how credits were applied.
Since July 2014, the State Water Board has been tracking water conservation for each of the
state's larger urban water suppliers (those with more than 3,000 connections) on a monthly
basis. Compliance with individual water supplier conservation requirements is based on
cumulative savings. Cumulative tracking means that conservation savings will be added
together from one month to the next and compared to the amount of water used during the
same months in 2013. Under the new reporting structure, water districts will continue to report
water use, but their conservation standard will be based on any shortfall in projected supply
over three drought years.
With nearly 1.3 million acre -feet of water conserved from June 2015 through March 2016, the
state saved an impressive amount of water during the worst of the drought months. Statewide
cumulative savings from June 2015 to March 2016 totaled 23.9 percent compared with the
same months in 2013. During the last month of reporting, statewide average water use was 66
residential gallons per capita per day (R -GPCD) for March 2016.
On May 9, Governor Brown issued an Executive Order directing actions aimed at using water
wisely, reducing water waste, and improving water use efficiency for the years and decades
ahead. The Executive Order, in part, directed the State Water Board to extend the emergency
regulations for urban water conservation through the end of January 2017.
California has been dealing with the effects of an unprecedented drought. To learn about all
the actions the state has taken to manage our water system and cope with the impacts of the
drought, visit Drought.CA.Gov. Every Californian should take steps to conserve water. Find out
how at SaveOurWater.com. While saving water, it is important to properly water trees. Find
out how at www.saveourwater.com /trees. In addition to many effective local programs, state -
funded turf removal and toilet replacement rebates are also available. Information and rebate
applications can be found at: www.saveourwaterrebates.com /.
BAKE
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Am tzi ADMINISTRATIVE REPORT
IF BOARD
MEETING DATE: May 25, 2016 AGENDA SECTION: New Business
ITEM: 8. A.
TO: Harold Hanson, Chairman
Bob Smith, Member
Terry Maxwell, Member
FROM: Art Chianello, Water Resources Manager DEPARTMENT HEAD
DATE: May 19, 2016
APPROVED
SUBJECT: Storm Drain Agreement between City and Kern Delta Water District (Kern Delta)
For Discharge of Storm Water into Kern Delta's Buena Vista Canal (not to exceed
$2,000 per year; 20 year term).
RECOMMENDATION: Staff recommends that the Water Board Review the Agreement and
Recommend it to be a Department Agreement.
BACKGROUND: Kern Delta and City have existing Storm Drain Agreements to permit discharge
of storm drainage water into Kern Delta's Kern Island, Eastside, and Stine Canals. Kern Delta is
also the owner and operator of the Buena Vista Canal, which transports Kern Delta's water
primarily for agricultural irrigation purposes. Agreement 76 -70 Agreement for the Sale of Kern
River Water Rights and Canals" by and between City of Bakersfield and Kern Delta, states that
the City reserves the right to reasonably discharge storm flows into Kern Delta's canals.
Generally, the City relies upon retention basins and percolation to dispose of storm drainage
water. The City also relies, to a lesser extent, upon detention basins as temporary storage for
runoff from a high intensity storm with subsequent drainage, if required.
Certain portions of the Tevis Ranch development area in southwest Bakersfield are designed
with a series of detention basins. During high intensity storms in the Tevis Ranch drainage area
water will be required to be pumped from a final detention basin into the Buena Vista Canal to
avoid flooding of the urban area within the drainage area. This proposed Storm Drain
Agreement between the City and Kern Delta for the Buena Vista Canal will allow the City to
pump the storm water from the final detention basin into the Buena Vista Canal. Therefore, staff
recommends that the Water Board refer the proposed agreement to the City Council for
approval.
The term of the agreement is 20 years and the City will pay Kern Delta an annual sum of $2,000
for Kern Delta's handling and disposal of the storm drainage water into the Buena Vista Canal.
These funds will be paid annually from the Water Resources Department Fund.
S: \2016 WATER BOARD \5.25.16 \Admin Buena Vista Canal Stormwater Agreement.docx
CITY OF BAKERSFIELD
Agreement No.
Approved
STORM DRAIN AGREEMENT
(Buena Vista Canal)
THIS AGREEMENT is made and entered into on May 25, 2016 by and between the
CITY OF BAKERSFIELD, a chartered city in the State of California, County of Kern (herein
called "City "), and KERN DELTA WATER DISTRICT, a California water district (herein
called "Kern Delta ").
WITNESSETH:
WHEREAS, Kern Delta and City have existing Storm Drain Agreements to permit storm
drainage water into certain Kern Delta canals, namely, the Kern Island, Eastside and Stine
Canals, respectively.
WHEREAS, Kern Delta is the owner and operator of the Buena Vista Canal, designed
and used for the purpose of transporting Kern Delta's water and any and all other lawful
purposes; and
WHEREAS; Agreement 76 -70 "Agreement for the Sale of Kern River Water Rights and
Canals" by and between City of Bakersfield and Kern Delta Water District, states at Section
13(c), in part, that City reserved "the right to reasonably discharge storm flows into the canals
transferred hereunder upon the similar terms and conditions found in existing storm flow
discharge agreements; and
WHEREAS, City generally relies upon detention basins and percolation to dispose of
storm drainage water; and
WHEREAS, City does rely upon retention basins as temporary storage for runoff from a
high intensity storm with subsequent drainage if required; and
WHEREAS, certain portions of the Tevis Ranch drainage area are designed with a series
of detention basins; and
WHEREAS, during high intensity storms in the Tevis Ranch drainage area water will be
required to be pumped from a detention basin into the Buena Vista Canal to avoid flooding of the
urban area within the drainage area; and
WHEREAS, City would benefit from the ability to dispose of storm drainage water into
the Buena Vista Canal;
WHEREAS, Without acknowledging that it is required to permit storm flows into the
Buena Vista Canal pursuant to Section 1.3(c) of Agreement 76 -70, Kern Delta has agreed to
DA12 \6760149.1
permit the storm drainage water in and through the Buena Vista Canal upon the similar terms and
conditions found in existing storm flow discharge agreements.
NOW THEREFORE, incorporating the foregoing recitals herein and in consideration of
the promises and the agreements of the respective parties herein contained, City and Kern Delta
agree as follows:
1. Construction and Alteration of Storm Drain Inlets:
1.1 City acknowledges the limited capacity of the Buena Vista Canal to accept,
transport and dispose of the metered storm drainage water authorized to be discharged hereunder.
Accordingly, the right of City to discharge such storm drainage water into the Buena Vista Canal
shall be limited to those discharges described in Exhibit "A" attached hereto and incorporated
herein by reference. No additional drain inlets or alterations to existing drain inlets which
increase the capacity thereof, shall be permitted without the prior written authorization of Kern
Delta. Should City propose to construct additional drain inlets or make alterations to the drain
inlets described in Exhibit "A ", City at their sole cost and expense, shall submit detailed plans
and specifications for the design, construction and inspection of said additional inlets or
alterations to Kern Delta for review and written approval. Said plans and specifications shall
incorporate Best Management Practices available for storm water drainage facilities.
1.2 Assuming and following written authorization and approval by Kern Delta, City
may construct said additional inlet(s) or make said alterations during the time period approved by
Kern Delta and incompliance with the plans and specifications approved by Kern Delta. In no
event shall City install additional inlets or make alterations without first obtaining the written
approval of Kern Delta. City agrees to construct the additional inlets and to make the alterations
in a manner and at a time that will not interfere with the flow or distribution of Kern Delta water
through the Buena Vista Canal or Kern Delta's use of the Buena Vista Canal.
1.3 City agrees to pay the total cost of the design, construction and inspection of said
additional inlet(s) and /or alterations, including legal, engineering and administrative expenses
reasonably incurred by Kern Delta in connection therewith.
1.4 When and if additional inlets are constructed and /or inlets are altered, Exhibit "A"
to this Agreement shall be amended to reflect such approved additional inlet or alteration. Each
amendment to Exhibit "A" shall be separately dated and executed by authorized representatives
of the parties to this Agreement.
2. Use of Buena Vista Canal:
2.1 During the term of this Agreement, City may discharge storm drainage water into
the Buena Vista Canal, but only from the storm drain inlets listed and described in Exhibit "A"
and subject to the terms and conditions of this Agreement. City shall notify Kern Delta prior to
discharging storm drain water into the Buena Vista Canal.
2.2 The parties acknowledge that the capacity of the Buena Vista Canal to transport
storm drainage water is limited, and that the Buena Vista Canal may not be able to handle all of
the storm drainage water from the inlets described in Exhibit "A ". When it appears that the
-2-
D612V6760149.1
combination of Kern Delta's waters and storm drainage water will exceed the capacity of the
Buena Vista Canal, the parties agree to use their best efforts, in cooperation with one another, to
reduce the rate of flow entering the Buena Vista Canal.
3. Maintenance of Buena Vista Canal and Storm Drain Facilities:
3.1 Kern Delta shall be in sole and absolute control of the maintenance and operation
of the Buena Vista Canal, unless specifically otherwise provided in this Agreement. City shall
be in control of the maintenance and operation of the storm drain control structures described in
Exhibit "A" ( "Storm Drain Facilities "), unless specifically otherwise provided in this Agreement.
3.2 Kern Delta may require City to perform repairs and maintenance of the Storm
Drain Facilities described in Exhibit "A ". Kern Delta shall notify the City in writing of any
required repair or maintenance of the Storm Drain Facilities. Within thirty (30) days of said
notice, each party shall appoint a duly authorized representative, who shall meet with the other
representative to determine the nature, amount, and type of repair or maintenance activity to be
performed on the Storm Drain Facilities, and to report their findings to the parties to this
Agreement. The decision of said representatives shall be binding upon the parties hereto unless a
party objects to said report and serves written notice on the other party within ten (10) days after
receipt of the same, in which case, the nature, amount, and type of work shall be subject to
further negotiations of the parties. In the event no agreement is reached, any party may perform
said repair or maintenance work at its expense and may seek contribution from the other party.
3.3 Notwithstanding Section 3.2 above, work of an emergency nature on the Storm
Drain Facilities described in Exhibit "A ", which Kern Delta deems a safety hazard or necessary
to prevent imminent damage to the Buena Vista Canal, may be performed by Kern Delta,
without the advance notice to or agreement of City, and the cost thereof shall be added to the
next payment due Kern Delta from City. However, any emergency work performed on any one
occasion shall not continue for a period in excess of 48 hours without written approval of the
City, acting through their respective representative appointed pursuant to this Agreement.
3.4 All costs incurred by Kern Delta on behalf of City shall be determined using
mutually accepted accounting procedures.
4. Compensation:
4.1 City shall pay to Kern Delta the annual sum of Two Thousand Dollars
($2,000.00) for Kern Delta's handling and disposal of the storm drainage water. Said annual
payment shall be subject to annual adjustment on the basis of the January Producer Price Index
for "All Commodities" published by the Bureau of Labor Statistics of the U.S. Department of
Labor. Said annual payment shall be calculated by the City and adjusted on the first day of
January of each year following execution of this Agreement.
4.2 If additional drain inlets or alterations to existing drain inlets which increase the
capacity thereof are allowed by Kern Delta, the annual payment pursuant to Section 4.1 shall be
adjusted to a mutually agreeable sum.
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5. Ownership and Use of Storm Drainage Water:
5.1 For purposes of this Agreement, "storm drainage water" refers to all waters
delivered into the Buena Vista Canal through the Storm Drain Facilities described in Exhibit
"A„
5.2 All storm drainage water delivered into the Buena Vista Canal shall become the
property of Kern Delta, and may be used or disposed of by Kern Delta in any lawful manner, as
determined by Kern Delta.
6. Water Quality and Monitoring:
6.1 City has adopted a Storm Water Ordinance in compliance with the joint National
Pollutant Discharge Elimination System ( NPDES) Municipal Storm Water Permit Application.
This ordinance is applicable to the storm water systems served by the Storm Drain Facilities to
the Buena Vista Canal.
6.2 City Storm Water Ordinances require compliance with the strictest of any
applicable Federal or State standards or regulations covering the discharge of storm water or
surface water.
6.3 City has instituted a monitoring program to determine the concentration of
selected constituents in the discharges measured at representative sites in the City, in
conformance with the NPDES permit application. Results of the monitoring program will be sent
to Kern Delta when it is submitted to the California Regional Water Quality Control Board for
their review. This is to assist Kern Delta in an effort to establish a background profile of the
selected constituents included within the storm drainage water discharged into the Kern Delta
canals by the City. City agrees to sample the storm drainage water discharged into the Buena
Vista Canal upon request by Kern Delta until the Tevis Ranch inlet is included in City's Storm
Water Management Plan.
6.4 In addition to the foregoing, and without limiting the same, City shall not
discharge, and shall not permit others to discharge, into the Storm Drain Facilities or into the
Buena Vista Canal, any sewage, debris, industrial waste waters, and waters contaminated with
oil, or other substances, which would render the storm drainage waters unfit for any and all
lawful purposes for which Kern Delta's water and /or the Buena Vista Canal may be used.
6.5 City shall comply with any and all present and future Federal, State and /or local
discharge requirements imposed by any laws, rules or regulations
7. Indemnity and Insurance:
7.1 City shall save, protect, defend, indemnify and hold harmless Kern Delta of and
from all claims, suits, demands and liabilities whatever to any person or persons or corporations,
by reason of bodily injuries, deaths, and by reason of damage to, or destruction of, any property,
or any water quality violations for Federal and /or State regulations resulting in whole or in part
from the exercise of the right of City hereunder and the discharge of storm drainage water into
and the disposition of the storm drainage water through the Buena Vista Canal.
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7.2 City shall, at its own expense, carry insurance to protect Kern Delta of and from
any and all such claims and the indemnity agreement hereinabove set forth, by obtaining public
liability insurance with liability limits of not less than $2,000,000.00 for the injury or death of
any one person in any one accident, and $2,000,000.00 for the injury or death of less than
$1,000,000.00, all such insurance to be carried with insurance companies satisfactory to Kern
Delta. Regardless of the above, City may self - insure any or all of the insurance requirements
hereof.
7.3 Except when self - insured, City shall, upon demand, procure and cause to be
furnished to Kern Delta, a certificate or certificates from said insurance companies, stating that
said insurance is in full force and effect, that Kern Delta is named as an additional insured on
said policy, that the premiums thereon have been paid, that the insurance companies will give
Kern Delta at least thirty (30) days' prior written notice of any termination or cancellation of the
same, and of any modification of the terms of such insurance. When self - insured, City shall
provide Kern Delta written acknowledgement thereof.
8. Term and Termination:
8.1 Unless terminated in a manner hereinafter provided, this agreement shall be for a
term of twenty (20) years, commencing upon full execution of the Agreement.
8.2 Kern Delta may terminate this agreement by giving sixty (60) days' written notice
to City, if City defaults in making the payments required herein, or if City otherwise defaults in
its duties and obligations imposed pursuant to this Agreement and City fails to remedy said
defaults within sixty (60) days after receipt of written notice to do so. City may terminate this
Agreement by giving written notice ninety (90) days before the end of each year.
8.3 Upon any termination of this Agreement, if requested by Kern Delta, City shall
remove or pay to Kern Delta the cost of removing from the Buena Vista Canal, all Storm Drain
Facilities within 180 days. Removal and restoration shall be completed to the reasonable
satisfaction of Kern Delta.
9. Miscellaneous:
9.1 This document represents the entire agreement between the parties with respect to
the subject matter hereof. This agreement replaces any and all prior agreements between the
parties with respect to the subject matter hereof, whether written or oral, without limitation.
9.2 Kern Delta may assign all of its rights and obligations to any public body or
private corporation succeeding to the ownership and operation of the Buena Vista Canal, which
assignee shall agree to perform the obligations of Kern Delta under this agreement and, in the
event of such assignment, Kern Delta shall be relieved of all further obligation hereunder. City
may in like manner assign its rights and obligations in this agreement to any duly organized
public body or district of the State of California which is authorized to and agrees to pay and
perform City's obligations hereunder, and thereafter City shall be relieved of all further
obligations hereunder.
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9.3 The parties to this agreement shall appoint and designate a person on their
respective staffs who shall be identified as the "Storm Drain Contact Person ". This person shall
be available to all other parties for information and expression of concerns regarding
maintenance, increasing storm drainage discharges and capacity, compliance with quality
requirements, monitoring, and any other matter relating to this agreement. The object of this
provision is to provide a definite and easily instituted method of communication between all the
parties to this agreement with the assurance that the individual named as the Storm Drain
Contact Person will have sufficient authority to and will respond by action to all concerns
expressed to him or her by the other parties.
9.4 Any notice or demand by any party to the others in connection with this
agreement shall be deemed to be fully given or made when written and deposited in a sealed
envelope in the United States Mail, registered and postage prepaid and addressed as follows:
To: City of Bakersfield
Water Resources Department
1000 Buena Vista Road
Bakersfield CA 93311
To: Kern Delta Water District
501 Taft Highway
Bakersfield CA 93307
Any party may change its address by giving the other parties written notice of its new address as
herein provided.
[SIGNATURES ON NEXT PAGE]
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In Witness Whereof, the parties have executed this agreement the day and year above
written.
APPROVED AS TO FORM:
VIRGINIA GENNARO
City Attorney
By:
Deputy City Attorney
APPROVED AS TO CONTENT:
Water Resources Department
By:
ARTHUR R. CHIANELLO, P.E.
Water Resources Manager
APPROVED AS TO FORM:
McMurtrey, Harstock & Worth
in
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CITY OF BAKERSFIELD
HARVEY L. HALL
By:
Mayor
COUNTERSIGNED:
Finance Department
By:
GREGORY J. KLIMKO
Finance Director
KERN DELTA WATER DISTRICT
By:
RODNEY PALLA
President
By:
RICHARD TILLEMA
Secretary
EXHIBIT "A"
LOCATION SIZE TYPE
Tevis Ranch ? ? ? ? ?? ? ? ? ? ? ??
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BAKE
11%PORA Rs�
ADMINISTRATIVE REPORT
WATER BOARD
c`ILIFO �
MEETING DATE: May 25, 2016 AGENDA SECTION: New Business
ITEM: 8. B.
TO:
FROM:
DATE:
SUBJECT
Harold Hanson, Chairman
Bob Smith, Member
Terry Maxwell, Member
Art Chianello, Water Resources Manager
May 19, 2016
APPROVED
DEPARTMENT HEAD
Amendment to Ming Lake Temporary Services Agreement with County of Kern for
replenishment of water.
RECOMMENDATION: Staff recommends that the Water Board refer agreement to City Council
for approval.
BACKGROUND: In late 1963, Kern County constructed Ming Lake for recreational purposes. The
County requested Pioneer Inc. sell water to the County for Ming Lake replenishment at the rate
of six ($6.00) dollars per acre -foot. Both the County and Pioneer, Inc. agreed and formally
entered into an agreement in June 1964. The City of Bakersfield inherited the Pioneer obligation
under this agreement when the City purchased all Kern River water rights and obligations from
Tenneco West, Inc. on December 22, 1976. Since 1976 the City has been delivering this water.
The City desires to increase the price from six ($6.00) per acre -foot to a more equitable price of
$81.46 per acre -foot adjusted annually based on indicators in the All- Commodities Price Index.
In addition, both the City and the County have agreed to participate in future engineering
studies and to install meters to more accurately track the water use.
Based on these facts, both the City and County desire to amend this agreement. The County
Board of Supervisors approved this amendment at their May 17, 2016 Supervisors' meeting.
Therefore, staff recommends that the Water Board refer the amendment to City Council for
approval.
S: \2016 WATER BOARD \5.25.16 \Admin Lake Ming Agreement.docx
AMENDMENT TO MING LATE TEMPORARY SERVICES AGREEMENT
THIS AMENDMENT TO the MING LAKE TEMPORARY SERVICES AGREEMENT is
made and entered into on by and between the CITY OF
BAKERSFIELD, a charter City and municipal corporation, referred to herein as "CITY" or
"BAKERSFIELD," and the COUNTY OF KERN, a political subdivision of the State of California,
referred to herein as "COUNTY ".
RECITALS:
WHEREAS, on June 9, 1964, the County and the City's Predecessor in title, Pioneer Canal, Inc.,
entered into the Ming Lake Temporary Services Agreement, hereinafter sometimes referred to as the
"Agreement," whereby COUNTY agreed to purchase water from Pioneer, Canal, Inc., for
replenishment of water lost from Ming Lake by seepage, evaporation and evapotranspiration; and
WHEREAS, on April 12, 1976, the CITY entered into Agreement No. 76 -36 with Tenneco
West, Inc., the Kern Island Water Company and the Kern River Canal and Irrigating Company, whereby
the CITY acquired certain Kern River assets of the other parties and assumed certain rights and
obligations of the parties related to the Kern River, including the rights and obligations of Pioneer Canal,
Inc., with regard to the Agreement; and
WHEREAS, the CITY and the COUNTY desire to amend the Agreement to adjust and update ,
certain provisions of the Agreement, and to add certain provisions to the Agreement.
NOW, THEREFORE, incorporating the foregoing recitals herein, CITY and
COUNTY mutually agree as follows:
1. Paragraph 2 is hereby amended to read as follows:
2. CITY shall sell to COUNTY a water supply from the City's Kern River supply, if
available, and COUNTY agrees, if needed, to buy from CITY, if available, water to replace and
replenish water lost from Ming Lake by seepage, evaporation and evapotranspiration. .
2. Paragraph 3 is hereby amended to read as follows:
3. The price for each acre -foot of water provided to the County and Ming Lake by CITY
shall be $81.46 per acre foot based on the quantity of water delivered to and used by
COUNTY at or in connection with Ming Lake. The price per acre -foot shall_ be adjusted
annually based upon the US Bureau of Labor Statistics data for the Producer Price Index for All
Commodities ( PPIACO) for July of each year. The PPIACO index stood at 194.0 for July 2015.
COUNTY shall be notified by CITY as soon as practical after the end of each month as to the net
quantity. of water delivered to Ming Lake. CITY shall invoice COUNTY after July 1st of each
for the net amount of water used the previous 12 months and such invoice shall be payable by
COUNTY within 90 days receipt of invoice.
3. Paragraph 4 is hereby amended to read as follows:
4. The quantity of water delivered by CITY to COUNTY pursuant to this agreement
shall be calculated based on the inflow amounts from the intake pumps minus the outlet structure
return flows back to the Kern River. The parties estimate the Ming Lake facilities will require
up to 790 (seven hundred and ninety) acre feet of water per year to meet said evaporation,
evapotranspiration and seepage losses. Special circumstances such as draining and refilling of Ming
Lake may require additional net water deliveries and CITY and COUNTY agree to accommodate
and schedule such activity as far in advance as possible. There shall be no minimum delivery
requirement, and the County understands and acknowledges that the City may reduce or suspend
deliveries of water pursuant to the Agreement due to environmental, legal, regulatory or water
supply limitations. Likewise, the City understands and acknowledges the County may buy less water
if other legal or contractual sources are available and those are used by the County.
4. Paragraph 5 is hereby amended to read as follows:
5. Water provided by CITY to COUNTY for Ming Lake shall be delivered to and
received by COUNTY at the pumps or intakes on the Kern River channel located near the east end
of Ming Lake. An outlet structure at the west end of the lake permits water to return to the Kern River
providing a flow through circulation method to assist in maintaining fresh water in the lake. COUNTY
shall be responsible for the operation, maintenance, replacement or repairs of intake and outlet facilities.
COUNTY and CITY shall agree to the appropriate gauging devices, i.e., meters and methodology in
measuring, reporting and accounting of flows under this agreement.
5. The following Paragraphs are hereby added to the Agreement:
9. Water provided herein shall only be used to satisfy the evaporation, evapotranspiration
and seepage losses of the Ming Lake facility. Any other point of delivery or use shall be by
express written consent of CITY prior to any water diverted, delivered or used at points other
'than Ming Lake.
10. CITY does not represent or guarantee the quality of the water which is subject to this
Agreement. COUNTY understands the water specified for delivery under this agreement, as
supplied from the Kern River, is untreated, non - potable and unfit for human consumption as
delivered. CITY shall not be responsible for the quality of the water delivered to COUNTY in
any way or at any time and COUNTY's failure to properly handle and distribute the water for
the Ming Lake facility is not the responsibility of CITY. CITY, to the best of its ability and in
a timely manner, shall notify COUNTY of any contamination of the water delivered of which
CITY has actual knowledge.
11. COUNTY shall allow CITY access to Ming Lake facilities for periodic inspection of
intake and outlet facilities and for verification of flow rates. CITY shall notify COUNTY a
minimum of 24 hours in advance of any access requirements.
6. Except as amended or added herein, all provisions of the Ming Lake
Temporary Services Agreement shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have caused this Amendment to the Ming Lake
Temporary Services Agreement to be executed the day and year first above written.
APPROVED A O CONTENT:
COUNTY A MINIS ATNE OFFICE COUNTY OF KERN
By By
—J^ Nilon Mick Gleason, Chairman
C u Administrative Officer Board of Supervisors
APPROVED AS TO FORM: "CITY"
OFFICE OF COUNTY COUNSEL CITY OF BAKERSFIELD
B By
ounty Coun el HARVEY L. HALL
Mayor
APPROVED AS TO FORM:
VIRGINIA GENNARO City
Attorney
By:
Virginia Gennaro
City Attorney
Insurance:
APPROVED AS TO CONTENT:
WATER RESOURCES DEPARTMENT
am
ART CHIANELLO, P.E.
Water Resources Manager
COUNTERSIGNED:
go
NELSON SMITH
Finance Director
A
ADMINISTRATIVE REPORT
IFO L WATER BOARD
MEETING DATE: May 25, 2016 AGENDA SECTION: Closed Session
ITEM: 12. A.
TO: Harold Hanson, Chairman
Bob Smith, Commissioner
Terry Maxwell, Commissioner
APPROVED
FROM: Virginia Gennaro, City Attorney DEPARTMENT HEAD y�
DATE: February 10, 2016 CITY ATTORNEY
SUBJECT: 1. Conference with Legal Counsel — Potential Litigation
Closed session pursuant to Government Code Section 54956.9(d) (2),(e) (1)
(One matter).
2. Conference with Legal Counsel — Existing Litigation
Closed session pursuant to Government Code section 54956.9(d)(1).
(One matter)
North Kern Water Storage District v. City of Bakersfield
Ventura County Superior Court Case No. 56 -201 1- 00408712- CU- CO -VTA
Court of Appeal - Second Appellate District - Division Six -
Civil No. B260065
vG:du
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