HomeMy WebLinkAbout02.08.2017 WB Agenda Packet Special MtgCity of Bakersfield
Water Board
Special Meeting of
February 8, 2017
Bellevue Weir Area
Water Resources
File Packet
WATER BOARD
Bob Smith, Chairman
Jacquie Sullivan
Ken Weir
NOTICE OF A SPECIAL MEETING
OF THE
CITY OF BAKERSFIELD - WATER BOARD
Notice is hereby given that a Special Meeting of the City of Bakersfield Water
Board will be held on Wednesday, February 8, 2017 at 2:00 P.M. in the Water Resources
Building Conference Room, at 1000 Buena Vista Road, Bakersfield, CA 93311.
AGENDA
1. CALL TO ORDER
2. ROLL CALL
3. MINUTES
A. Minutes of the Regular Meeting of November 9, 2016 for approval
Staff recommends approval of the Minutes of the Regular Water Board
Meeting of November 9, 2016,
4. PUBLIC STATEMENTS
5. REPORTS
A. Kern River & Isabella Reservoir Operations Report
Staff Recommendation: For Board Information
B. Update on Water Usage in the City's Domestic Water Service Area for
December 2016.
Staff Recommendation: For Board Information
6. HEARINGS
7. DEFERRED BUSINESS
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WATER BOARD
Bob Smith, Chairman
Jacquie Sullivan
Ken Weir
NOTICE OF A SPECIAL MEETING
OF THE
CITY OF BAKERSFIELD - WATER BOARD
Notice is hereby given that a Special Meeting of the City of Bakersfield Water
Board will be held on Wednesday, February 8, 2017 at 2:00 P.M. in the Water Resources
Building Conference Room, at 1000 Buena Vista Road, Bakersfield, CA 93311.
AGENDA
1. CALL TO ORDER
2. ROLL CALL
3. MINUTES
A. Minutes of the Regular Meeting of November 9, 2016 for approval
Staff recommends approval of the Minutes of the Regular Water Board
Meeting of November 9, 2016,
4. PUBLIC STATEMENTS
5. REPORTS
A. Kern River & Isabella Reservoir Operations Report
Staff Recommendation: For Board Information
B. Update on Water Usage in the City's Domestic Water Service Area for
December 2016.
Staff Recommendation: For Board Information
6. HEARINGS
7. DEFERRED BUSINESS
Water Board Agenda
February 8, 2017
Page 2
8. NEW BUSINESS
A. Emergency Use of Canals:
1. Agreement between City and North Kern Water Storage District
( NKWSD) for discharge of Storm Water into NKWSD Canal System
(not to exceed $2,500 per year; 4 year term).
2. Agreement between City and Arvin - Edison Water Storage District
(AEWSD) for discharge of Storm Water into Arvin - Edison Intake
Canal (not to exceed $2,500 per year; 1 year term).
Staff Recommendation: Water Board review the Agreements and
recommend them to be Department Head Agreements.
B. Proposed 1.77% rate increase to O &M Agreement No. 92 -250 with
California Water Service Co., increasing annual costs by an estimated
$119,000.
Staff Recommendation: Approval of proposed rate increase.
9. KERN RIVER LEVEE DISTRICT
10. MISCELLANEOUS
A. Proposed 2017 Water Board Meeting Calendar
Staff Recommendation: Approval of the 2017 Water Board Meeting
Calendar.
11. WATER BOARD STATEMENTS
12. CLOSED SESSION
13. CLOSED SESSION ACTION
14. ADJOURNMENT
ART CHIANELLO, P.E,
Water Resources Manager
POSTED: February b, 2017
BAKE
ADMINISTRATIVE REPORT
WATER BOARD
MEETING DATE: February 8, 2017 AGENDA SECTION: Minutes
ITEM: 3. A.
TO:
FROM:
DATE:
SUBJECT
Bob Smith, Chairman
Jacquie Sullivan, Member
Ken Weir, Member
Art Chianello, Water Resources Manager
February 1, 2017
APPROVED
DEPARTMENT HEAD L�
Approval of the Minutes of the Regular Water Board Meeting of November 9,
2016.
RECOMMENDATION:
Staff recommends approval of the Minutes of the Regular Water Board Meeting of
November 9, 2016.
BACKGROUND:
MINUTES OF THE REGULAR MEETING
OF THE
WATER BOARD - CITY OF BAKERSFIELD
Wednesday, November 9, 2016 - 2:00 p.m.
Water Resources Conference Room
1000 Buena Vista Road, Bakersfield, CA 93311
1. CALL TO ORDER
Member Smith called the meeting to order at 2:00 p,m,
2. ROLL CALL
Present: Member Smith, Member Maxwell
Absent: Chairman Hanson
3. MINUTES
A. Minutes of the Special Meeting of September 14, 2016 for approval
Motion by Maxwell to approve the minutes of the Regular Meeting of
September 14, 2016. APPROVED, ALL AYES, MEMBER HANSON ABSENT
4. PUBLIC STATEMENTS
a, Art Chianello, Water Resources Manager, introduced Rudy Valles, General
Manager for California Water Service Company Bakersfield Office; and Mike
Mares, General Manager Hawaii Office, who will be replacing Mr. Valles,
upon retirement in early 2017.
b. Mike Mares, General Manager for Hawaii Water Service Company, stated he
has worked for Cal Water Company since 1992. He has been in Hawaii for the
past five years assisting with their special project. He is looking forward to
moving to Bakersfield and working with the City of Bakersfield.
C. Rudy Valles, General Manager, California Water Service Company, stated
improvements were made at the Northwest Treatment Plant to make the
plant more efficient, This means more water for the Cal Water system and for
the City system.
d, Art Chianello, Water Resources Manager, recognized college students in the
audience, attending the meeting for their political science class.
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MINUTES OF THE REGULAR MEETING
OF THE
WATER BOARD - CITY OF BAKERSFIELD
Wednesday, November 9, 2016 - 2:00 p.m.
Water Resources Conference Room
1000 Buena Vista Road, Bakersfield, CA 93311
1. CALL TO ORDER
Member Smith called the meeting to order at 2:00 p,m,
2. ROLL CALL
Present: Member Smith, Member Maxwell
Absent: Chairman Hanson
3. MINUTES
A. Minutes of the Special Meeting of September 14, 2016 for approval
Motion by Maxwell to approve the minutes of the Regular Meeting of
September 14, 2016. APPROVED, ALL AYES, MEMBER HANSON ABSENT
4. PUBLIC STATEMENTS
a, Art Chianello, Water Resources Manager, introduced Rudy Valles, General
Manager for California Water Service Company Bakersfield Office; and Mike
Mares, General Manager Hawaii Office, who will be replacing Mr. Valles,
upon retirement in early 2017.
b. Mike Mares, General Manager for Hawaii Water Service Company, stated he
has worked for Cal Water Company since 1992. He has been in Hawaii for the
past five years assisting with their special project. He is looking forward to
moving to Bakersfield and working with the City of Bakersfield.
C. Rudy Valles, General Manager, California Water Service Company, stated
improvements were made at the Northwest Treatment Plant to make the
plant more efficient, This means more water for the Cal Water system and for
the City system.
d, Art Chianello, Water Resources Manager, recognized college students in the
audience, attending the meeting for their political science class.
Bakersfield, California, November 9, 2016 - Page 2
5. REPORTS
A. Kern River & Isabella Reservoir Operations Report - For Board Information
John Ryan, Superintendent, stated that the water year is over, October 2015
through September 30, 2016. We are definitely still in a drought. Fortunately
we can turn the page to the new water year. The natural flow is coming up;
the regulated flow has also come up. Currently the inflow is 165 cubic feet
per second; outflow is at 160 cubic feet per second; storage is at 89,489 acre
feet. Looking at the early part of the new water year, we're still running about
50 percent of average. Storage is way below average. Our average will be
164,000 acre feet.
B. Update on Water Usage in the City's Domestic Water Service Area for
October 2016.
Jason Meadors, Water Resources Director, gave a water usage update for
October 2016, The City of Bakersfield Domestic water customers decreased
their usage by 12.6% from the 2013 levels. Conservation on our residential
basis, gallons per capita daily, is about 18.7% reduction. Approximately 2,900
connections were added to our system over the last three years. The
cumulative savings starting in June thru October this year is at 16.7 percent
reduction from 2013 levels. As you are aware our target is 9% so we're
meeting our target, We're encouraging residents to be mindful of water
usage. We have to meet the 9% cumulative savings through January of next
year. We encourage people to continue to save water. For Board
Information
6. HEARINGS - None
7. DEFERRED BUSINESS - None
8. NEW BUSINESS - None
9. KERN RIVER LEVEE DISTRICT - None
10. MISCELLANEOUS - None
11. WATER BOARD STATEMENTS
Member Maxwell expressed thanks. He stated these last two years have been a lot
of fun. When Vice Mayor Hanson put him on the Board he kind of said that this was,
of all the committees we have, one of the most powerful; and one that requires a lot
of study. There is certain cohesiveness at all fields because we're working a subject
that is absolutely essential to the life line of this community, not just in terms or our
residents but in terms of the economy. Mr. Maxwell stated he hopes that during that
time he displayed a sense of preparedness to talk about the issues. They are large
and tremendously complicated. Anybody who comes on this board following him
has got a lot to learn. There is a lot of nuances going on in water right now and if you
Bakersfield, California, November 9, 2016 - Page 3
11. WATER BOARD STATEMENTS continued:
don't get what that nuance is, I think that the city will suffer. I hope I've displayed
that to you that I did come to these meetings prepared and understood the big
picture as well as the little picture. Again, Art thank you, the staff its been great
working with you.
Art Chianello, Water Resources Manager expressed appreciation to Water Board
Member Terry Maxwell on behalf of the whole Water Resources Department, Mr,
Chianello stated it's been a pleasure working with Member Maxwell. We have had a
lot of issues to deal with over the last two years and part of it was the drought, but
other new challenges such as new water legislation and rules from the state. During
this time we appreciate your guidance and help.
12. CLOSED SESSION
A. Conference with Legal Counsel - Existing Litigation
Closed Session pursuant to Government Code section 54956.9(d)(1)
(One matter)
California Water Service Company and City of Bakersfield v. The Dow
Chemical Company, et al
San Bernardino County Superior Court Case No, CIV 470999
Recess to Closed Session at 2:15 p,m,
Closed Session was adjourned at 3:01 p.m.
13. CLOSED SESSION ACTION
Virginia Gennaro, City Attorney, stated staff was given direction on Closed Session Item 12.A.
14. ADJOURNMENT
Chairman Smith adjourned the meeting at 3:02 p.m.
Bob Smith, Member
City of Bakersfield Water Board
Bobbie Zaragoza, CMC
Secretary, City of Bakersfield Water Board
OF �GORPOR,r O "sf
444 ADMINISTRATIVE REPORT
`q`P WATER BOARD
MEETING DATE: February 8, 2017 AGENDA SECTION: Reports
ITEM: S. A.
TO: Bob Smith, Chairman
Jacquie Sullivan, Member
Ken Weir, Member APPROVED --T
FROM: Art Chianello, Water Resources Manager DEPARTMENT HEAD X1
DATE: February 2, 2017
SUBJECT: Kern River & Isabella Reservoir Operations Report
RECOMMENDATION: For Board Information
BACKGROUND: Report by Heather Williams, Hydrographic Supervisor, on current Kern River flow
and Isabella storage conditions.
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ADMINISTRATIVE REPORT
cRL`� WATER BOARD
MEETING DATE: February 8, 2017 AGENDA SECTION: Reports
ITEM: 5.B.
TO:
FROM:
DATE:
SUBJECT:
Bob Smith, Chairman
Jacquie Sullivan, Member
Ken Weir, Member
Art Chianello, Water Resources Manager DEPARTMENT HEAD
January 31, 2017
APPROVED
ac,
Update on Water Usage in the City's Domestic Water Service Area for December
2016
RECOMMENDATION: For Board information
BACKGROUND: Emergency drought regulations took effect in June 2016, which gave local
water suppliers the ability to set their own conservation goals based on local supply conditions
projected over the next three years. The City of Bakersfield and Cal Water both adopted a 9%
conservation standard based on each of their local supply conditions at that time. Recently
the State Water Board (Board) released a draft proposed regulation that extends the current
Urban Water Conservation Regulation until October 2017, The Board is expected to approve
the regulation extension on February 8, 2017. Prior to this extension, the emergency drought
regulations were set to expire in February 2017.
Table 1 below shows information that was reported to the State for the month of December
2016. Note that one (1) CCF is one hundred cubic feet, or 748 gallons. "R -GPCD" is the
residential gallons per person per day water usage,
Table
1
December
December
Increase/
2013
2016
Decrease ( -)
Total Water
Produced
1,170,691
1,044,105
-10.8%
(CCF)
Population
137,177
147,136
9,959
Residential Use
76.5%
75.4%
Percentage
R -GPCD
157.5
129.2
-18.0%
Total Residential
39,313
42,167
2,854
Connections
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ADMINISTRATIVE REPORT
WATER BOARD
At the end of December 2016, the City's cumulative savings is 16.8% as shown in Table 2 below,
which is 7.8% higher than the City's conservation standard of 9 %.
Table 2
2013
2013
2016
Water
2016
Monthly
Cumulative
Cumulative
Cumulative
Month
Use
Water Use
Savings
Usage
Usage
Savings
(CCF)
(CCF)
(CCF)
(CCF)
June
2,082,532
1,572,801
- 24.5%
2,082,532
1,572,801
-24.5%
July
2,284,542
1,904,594
- 16.6%
4,367,074
3,477,395
-20.4%
August
2,475,799
1,948,958
-21.3%
6,842,873
5,426,353
- 20.7%
September
2,285,205
2,103,046
-8.0%
9,128,078
7,529,399
-17.5%
October
1,902,817
1,662,163
-12.6%
11,030,895
9,191,562
-16.7%
November
1,687,363
1313118
-22.2%
12718258
10504680
-17.4%
December
1,170,691
1,044,105
-10.8%
13,888,949
11,548,785
-16.8%
BA
40- ADMINISTRATIVE REPORT
cAL;° WATER BOARD
MEETING DATE: February 8, 2017 AGENDA SECTION: New Business
ITEM: 8.A.
TO: Bob Smith, Chairman
Jacquie Sullivan, Member
Ken Weir, Member
FROM: Art Chianello, Water Resources Manager
DATE: January 31, 2017
DEPARTMENT HEAD
APPROVED
6)&
SUBJECT: Agreement between City and North Kern Water Storage District ( NKWSD) for
discharge of Storm Water into NKWSD Canal System (not to exceed $2,500 per
year; 4 year term).
Agreement between City and Arvin - Edison Water Storage District ( AEWSD) for
discharge of Storm Water into Arvin- Edison Intake Canal (not to exceed $2,500 per
year; 1 year term).
RECOMMENDATION: Staff recommends Water Board review the Agreements and recommend
them to be Department Head Agreements.
BACKGROUND: NKWSD operates a system of canals in the northwest portion of the City.
AEWSD operates the Arvin - Edison Intake Canal in the southern portion of the City. Generally,
the City relies upon retention basins that percolate to dispose of storm drainage water.
However, on occasion, high intensity storms can exceed the capacity of these retention basins,
and cause localized flooding of areas draining to these retention basins. To alleviate and avoid
flooding, the City has in the past informally requested, and NKWSD and AEWSD have agreed, to
allow some storm drainage water to be pumped into their canal systems.
These Agreements formalize these arrangements, authorizing the City to discharge storm
drainage water into NKWSD's and AEWSD's canal systems, subject to the terms of the
Agreements when flooding of an area is threatened, occurring, or imminent.
The term of the NKWSD Agreement is four (4) years, and the City will pay NKWSD an annual sum
of $2,500 for NKWSD's costs for handling and disposal of the storm drainage water discharged;
however, these funds will only be paid if discharge of storm drainage water into the NKWSD
canal system occurs during the calendar year.
The term of the AEWSD Agreement is one (1) year; however, the Agreement also states that the
City and AEWSD may mutually agree to extend the termination date of the Agreement. The
City will pay AEWSD an annual sum of up to $2,500 for AEWSD's costs for handling and disposal
of the storm drainage water discharged; however, these funds will only be paid if discharge of
storm drainage water into the Arvin- Edison Intake Canal occurs during the calendar year.
CI'T'Y OF BAKERSFIELD
Agreement No.
STORM DRAIN AGREEMENT
(North Kern Canal System)
THIS AGREEMENT is made and entered into on , by and
between the CITY OF BAKERSFIELD, a chartered city in the State of California, County of
Kern (herein called "City "), and NORTH KERN WATER STORAGE DISTRICT, a California
water storage district (herein called "North Kern").
RECITALS
WHEREAS, North Kern is the owner and operator of the North Kern Canal System,
designed and used for the purpose of transporting North Kern's water and any and all other
lawful purposes; and
WHEREAS, City generally relies upon retention basins and percolation to dispose of
storm drainage water; and
WHEREAS, during unusual high intensity storms in the Bakersfield drainage area, water
may be required to be pumped from a retention basin into the North Kern Canal System in order
to avoid flooding of the urban area within the drainage area; and
WHEREAS, the sole purpose of this Agreement is to allow the City to divert storm
water to the North Kern Canal System for the protection of life, health, and property; and
WHEREAS, this Agreement is not subject to, and does not in any matter modify, the
terms of Agreement No. 76 -89.
NOW THEREFORE, incorporating the foregoing recitals herein and in consideration of
the promises and the agreements of the respective parties herein contained, City and North Kern
agree as follows:
1. Use of North Kern Canal System:
1.1 City acknowledges the limited capacity of the North Kern Canal System to
accept, transport and dispose of the storm drainage water authorized to be discharged hereunder.
Accordingly, the right of City to discharge such storm drainage water into the North Kern Canal
System shall be limited to occurrences of unusually high intensity storms where flooding of the
urban area is threatened, occurring or imminent. Discharge will be accomplished by portable
pumping units.
1.2 During the term of this Agreement, City may discharge storm drainage water into
the North Kern Canal System subject to the terms and conditions of this Agreement. Due to the
need to respond to potential flooding conditions quickly, the City shall notify the Storm Drainage
Contact Person identified by North Kern per Section 8.3 of this Agreement, via email and /or
telephone, prior to discharging storm drain water into the North Kern Canal System. Such
notification shall include volume and location of discharge into the North Kern Canal System.
1.3 The City proposes to discharge storm drain water into the North Kern Canal
System at the locations shown on the attached Exhibit "A ", and at a rate not to exceed 1,500
gallons per minute at each location. However, if threatened, occurring or imminent flooding
conditions require water to be pumped into the North Kern Canal System at other locations, the
parties agree to use their best efforts, in cooperation with one another, to accomplish such
pumping.
1.4 The parties acknowledge that the capacity of the North Kern Canal System to
transport storm drainage water is limited, and that the North Kern Canal System may not be able
to handle all of the storm drainage water from the City's storm drain system. When it appears
that the combination of North Kern's waters and storm drainage water will exceed the capacity
of the North Kern Canal System, the parties agree to use their best efforts, in cooperation with
one another, to reduce the rate of flow entering the North Kern Canal System. Where the best
efforts of the parties fail to reduce the rate of flow entering the North Kern Canal System by a
sufficient amount to accept storm drainage water, North Kern shall not be obligated to accept any
storm drainage water that would put the North Kern Canal System above its safe capacity.
2. Maintenance of North Kern Canal System and Storm Drain Facilities:
2.1 North Kern shall be in sole and absolute control of the maintenance and operation
of the North Kern Canal System, unless specifically otherwise provided in this Agreement. City
shall be in control of the maintenance and operation of the City's storm drain system ( "Storm
Drain Facilities ") unless specifically otherwise provided in this Agreement.
3. Compensation:
3.1 In any calendar year in which the City discharges storm drainage water into the
North Kern Canal System, City shall pay an annual payment to North Kern, for North Kern's
costs for handling and disposal of the storm drainage water, in the amount of Two Thousand
Five Hundred Dollars ($2,500.00). North Kern shall prepare an invoice for said annual payment
and shall submit said invoice to City by the first day of February following the calendar year in
which City discharged storm drainage water into the North Kern Canal System. Said payment
shall then be processed by the City within 30 days.
4. Ownership and Use of Storm Drainage Water:
4.1 For purposes of this Agreement, "storm drainage water" refers to all waters
delivered into the North Kern Canal System from the City's Storm Drain System.
4.2 All storm drainage water delivered into the North Kern Canal System shall
become the property of North Kern, and may be used or disposed of by North Kern in any lawful
manner, as determined by North Kern.
-2-
5. Water Quality and MonitorinjZ:
5.1 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 City's Storm Drain
Facilities that could discharge into the North Kern Canal System as a result of this Agreement.
5.2 The City's Storm Water Ordinance requires compliance with the strictest of any
applicable Federal or State standards or regulations covering the discharge of storm water or
surface water.
5.3 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. For any calendar year in which the City
discharges storm drainage water into the North Kern Canal System, results of the monitoring
program will be made available to North Kern upon request when they are submitted to the
California Regional Water Quality Control Board for their review.
5.4 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
North Kern Canal System, 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 North Kern's water and /or the North Kern Canal System may be used.
5.5 City shall comply with any and all present and future Federal, State and /or local
discharge requirements imposed by any laws, rules or regulations.
6. Indemnity and Insurance:
6.1 City shall save, protect, defend and hold harmless North Kern of and from all (i)
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
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 North Kern
Canal System, and (ii) costs, penalties or other liabilities as a result from rules or actions of any
regulatory agency 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 North Kern Canal System.
6.2 City shall, at its own expense, carry insurance to protect North Kern 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, all such insurance to be carried with insurance companies
satisfactory to North Kern. Regardless of the above, City may self - insure any or all of the
insurance requirements hereof.
6.3 Except when self - insured, City shall, upon demand, procure and cause to be
furnished to North Kern, a certificate or certificates from said insurance companies, stating that
-3-
said insurance is in full force and effect, that North Kern is named as an additional insured on
said policy, that the premiums thereon have been paid, that the insurance companies will give
North Kern 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 North Kern written acknowledgement thereof.
7. Term and Termination:
7.1 Unless terminated in a manner hereinafter provided, this Agreement shall
terminate on December 31, 2020. However, City and North Kern may mutually agree to extend
the termination date of this Agreement.
7.2 North Kern 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 sixty (60) days' written notice to North Kern.
8. Miscellaneous:
8.1 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.
8.2 North Kern may assign all of its rights and obligations to any public body or
private corporation succeeding to the ownership and operation of the North Kern Canal System,
which assignee shall agree to perform the obligations of North Kern under this Agreement and,
in the event of such assignment, North Kern 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.
8.3 The parties to this Agreement shall appoint and designate a person on their
respective staffs who shall be identified as the "Storm Drainage Contact Person ". This person
shall be available to all other parties for notice of City's discharge of storm drainage waters,
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. A telephone number and email address will be provided for this
person by the parties. 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 requests, notices and concerns expressed to him or her by the other
parties.
8.4 Any other 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:
sE
To: City of Bakersfield
Water Resources Department
1000 Buena Vista Road
Bakersfield CA 93311
To: North Kern Water Storage District
33380 Cawelo Avenue
Bakersfield, CA 93308
Any party may change its address by giving the other parties written notice of its new address as
herein provided.
[SIGNATURES ON NEXT PAGE]
E610
In Witness Whereof, the parties have executed this Agreement the day and year above
written.
APPROVED AS TO FORM:
VIRGINIA GENNARO
City Attorney
C
Deputy City Attorney
APPROVED AS TO CONTENT:
Water Resources Department
ARTHUR R. CHIANELLO, P.E.
Water Resources Manager
APPROVED AS TO FORM:
NORTH KERN WATER STORAGE DISTRICT
Attachment: Exhibit "A"
M
CITY OF BAKERSFIELD
KAREN GOH
C
Mayor
COUNTERSIGNED:
Finance Department
NELSON SMITH
Finance Director
By:
President
By:
Secretary
In- - -
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CITY OF BAKERSFIELD
Agreement No.
DELIVERY OF STORM DRAIN WA'T'ER AGREEMENT
(Arvin- Edison Intake Canal)
THIS AGREEMENT is made and entered into on , by and
between the CITY OF BAKERSFIELD, a chartered city in the State of California, County of
Kern (herein called "City "), and ARVIN - EDISON WATER STORAGE DISTRICT, a California
water storage district (herein called "Arvin- Edison "), collectively referred to as parties.
RECITALS
WHEREAS, Arvin - Edison is the owner and operator of the Arvin - Edison Intake Canal,
designed and used for the purpose of transporting Arvin - Edison's water including wheeling
supplies for other third parties and any and all other lawful purposes; and
WHEREAS, City generally relies upon retention basins and percolation thereof to
dispose of storm drainage water; and
WHEREAS, during unusual high intensity storms in the Bakersfield drainage area and in
emergency situations, City would benefit from the ability to pump water from a retention basin
into the Arvin - Edison Intake Canal in order to avoid flooding of the urban area within the
drainage area.
NOW THEREFORE, incorporating the foregoing recitals herein and in consideration of
the promises and the agreements of the respective parties herein contained, City and Arvin -
Edison agree as follows:
1. Use of Arvin - Edison Intake Canal:
1.1 City acknowledges the limited capacity of the Arvin - Edison Intake Canal to
accept, transport and dispose of the storm drainage water authorized to be discharged hereunder.
Accordingly, Arvin - Edison shall at all times provide advance approval prior to any discharge
occurrence. The right of City to discharge such storm drainage water into the Arvin - Edison
Intake Canal shall be limited to emergency occurrences only during unusually high intensity
storms where flooding of the urban area is threatened, occurring or imminent. Discharge into the
Arvin - Edison Intake Canal will be accomplished by portable pumping units at the location as
identified in Exhibit A.
1.2 During the term of this Agreement, City may discharge storm drainage water into
the Arvin - Edison Intake Canal subject to the terms and conditions of this Agreement. Due to the
need to respond to potential flooding conditions quickly, the City shall notify the Storm Drainage
Contact Person(s) identified by Arvin - Edison per Section 8.3 of this Agreement, via email and /or
telephone, prior to discharging storm drain water into the Arvin - Edison Intake Canal. Such
notification shall include flow (cfs), volume (acre -feet) and location of discharge into the Arvin -
Edison Intake Canal.
1.3 The parties acknowledge that the capacity of the Arvin - Edison Intake Canal to
transport storm drainage water is limited, and that the Arvin- Edison Intake Canal may not be
able to handle any of the storm drainage water from the City's storm drain system. When it
appears that the combination of Arvin - Edison's or other waters and storm drainage water will
exceed the capacity of the Arvin - Edison Intake Canal, the parties agree to use their best efforts,
in cooperation with one another, to reduce the rate of storm drainage water flow entering the
Arvin - Edison Intake Canal, up to and including termination of said storm drainage water flows.
As an alternative, and provided available Kern River channel capacity, the City may cooperate
with Arvin - Edison to allow for scheduled Intake Canal flows to be diverted into the Kern River
channel, on Arvin - Edison's behalf.
1.4 City and Arvin - Edison will investigate the potential use of storm drainage water
retention basins for recharge purposes during summer months.
2. Maintenance of Arvin- Edison Intake Canal and Storm Drain Facilities:
2.1 Arvin - Edison shall be in sole and absolute control of the maintenance and
operation of the Arvin - Edison Intake Canal, unless specifically otherwise provided in this
Agreement.
2.2 City shall be in sole and absolute control of the maintenance and operation of the
City's storm drain system ( "Storm Drain Facilities ") unless specifically otherwise provided in
this Agreement.
2.3 All costs incurred by Arvin - Edison on behalf of City shall be determined using
mutually accepted accounting procedures.
3. Compensation:
3.1 In any calendar year in which the City discharges storm drainage water into the
Arvin - Edison Intake Canal, City shall pay an annual payment for Arvin - Edison's costs for
handling and disposal of the storm drainage water up to the amount of Two Thousand Five
Hundred Dollars ($2,500.00). Said annual payment shall be calculated by Arvin - Edison and
submitted to the City for review and approval by the first day of December of each calendar year
in which City discharged storm drainage water into the Arvin- Edison Intake Canal for the prior
12 -month period. Said payment shall then be processed by the City no later than the last day of
December of that same year.
4. Ownership and Use of Storm Drainage Water:
4.1 For purposes of this Agreement, "storm drainage water" refers to all waters
delivered into the Arvin - Edison Intake Canal from the City's Storm Drain System,
4.2 All storm drainage water delivered into the Arvin - Edison Intake Canal shall
become the property of Arvin - Edison, and may be used or disposed of by Arvin - Edison in any
lawful manner, as determined by Arvin - Edison.
1WM
5. Water Oualitv and Monitorin
5.1 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 City's Storm Drain
Facilities that could discharge into the Arvin - Edison Intake Canal as a result of this Agreement.
5.2 The City's Storm Water Ordinance requires compliance with the strictest of any
applicable Federal or State standards or regulations covering the discharge of storm water or
surface water.
5.3 City has instituted a monitoring program (Exhibit B) to determine the
concentration of selected constituents, including those constituents determined by Arvin - Edison,
in the discharges measured at representative sites in the City, in conformance with the NPDES
permit application. Representative sites for discharge into Arvin - Edison Intake Canal shall be
mutually agreed upon. For any calendar year in which the City request discharges of storm
drainage water into the Arvin - Edison Intake Canal, City shall provide results of the monitoring
program to Arvin - Edison upon receiving water quality sample results for Arvin - Edison's review.
5.4 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
Arvin - Edison Intake 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 Arvin - Edison's water and /or the Arvin - Edison Intake Canal may be
used. In addition, City will minimize or eliminate the pumping of total suspended solids, oil and
grease, and floating debris.
5.5 City shall comply with any and all present and future Federal, State and /or local
discharge requirements imposed by any laws, rules or regulations.
5.6 In addition, City acknowledges that Arvin - Edison has entered into that certain
First Amended and Restated Agreement Between Arvin - Edison Water Storage District and the
Metropolitan Water District of Southern California for a Water Management Program, dated
October 9, 2007 ( "MET Agreement "). Section 4.5 of the MET Agreement states in part as
follows:
"Based on available data, the parties have concluded in 1996 that Arvin - Edison could
supply water at the California Aqueduct which meets 1995 Safe Drinking Water Act primary and
secondary standards.... Arvin- Edison shall take no direct action that would knowingly cause the
quality of recovered groundwater to not meet the 1995 Safe Drinking Water Act primary and
secondary long -term standards. Should Arvin - Edison knowingly take direct action which causes
the quality of water delivered into the California Aqueduct to not meet 1995 Safe Drinking
Water Act primary and secondary standards, Arvin - Edison shall be responsible for taking
additional steps, at Arvin - Edison's expense, to ensure that such water meets such standards...."
Provided the above language contained within Arvin - Edison's MET Agreement, nothing
in this Agreement shall prohibit or restrict Arvin - Edison's ability to reject or curtail delivery of
storm water, to ensure that storm drainage water meets such standards and /or that storm drainage
water does not negatively impact Arvin - Edison's MET Agreement.
-3-
6. Indemnity and Insurance:
6.1 City shall save, protect, defend and hold harmless Arvin - Edison of and from (i)
all claims, suits, demands and liabilities whatever to any person or persons or corporations or
public agencies, by reason of bodily injuries, deaths, and by reason of damage to, or destruction
of, any property 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 Arvin - Edison Intake Canal and (ii) costs, penalties or other liabilities as a result from
rules or actions of any regulatory agency 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 Arvin - Edison Intake Canal system..
6.2 City shall, at its own expense, carry insurance to protect Arvin- Edison 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, all such insurance to be carried with insurance
companies satisfactory to Arvin - Edison. Regardless of the above, City may self - insure any or all
of the insurance requirements hereof.
6.3 Except when self - insured, City shall, procure and cause to be furnished to Arvin -
Edison, a certificate or certificates from said insurance companies, stating that said insurance is
in full force and effect, that Arvin - Edison is named as an additional insured on said policy, that
the premiums thereon have been paid, that the insurance companies will give Arvin- Edison 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 Arvin -
Edison written acknowledgement thereof.
7. Term and Termination:
7.1 Unless terminated in a manner hereinafter provided, this Agreement shall
terminate one year of the date of execution. However, City and Arvin - Edison may mutually
agree to extend the termination date of this Agreement.
7.2 Arvin - Edison may terminate this Agreement by giving sixty (60) days' written
notice to City, 1) if Arvin - Edison deems storm drainage water negatively impacts its operations
including but not limited to its water management programs, or 2) if City defaults in making the
payments required herein, or 3) if City otherwise defaults in its duties and obligations imposed
pursuant to this Agreement and City fails to remedy said defaults or concerns within sixty (60)
days after receipt of written notice to do so. City may terminate this Agreement by giving sixty
(60) days' written notice to Arvin - Edison.
8. Miscellaneous:
8.1 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.
8.2 Arvin- Edison may assign all of its rights and obligations to any public body or
private corporation succeeding to the ownership and operation of the Arvin - Edison Intake Canal,
-4-
which assignee shall agree to perform the obligations of Arvin- Edison under this Agreement and,
in the event of such assignment, Arvin - Edison 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.
The parties to this Agreement shall appoint and designate a person or persons on
their respective staffs who shall be identified as the "Storm Drainage Contact Person(s)". This
person(s) shall be available to all other parties for notice of City's discharge of storm drainage
waters, 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. A telephone number and email address will be provided
for this person(s) by the parties. 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 requests, notices and concerns expressed to him or her by the other
party.
Primary: City Contact Person (Number)
Secondary: City Contact Person (Number)
Arvin - Edison Contact (Number)
Arvin - Edison Contact (Number)
8.4 Any other 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: Arvin - Edison Water Storage District
P.O. Box 175
Arvin, CA 93203 -0175
Any party may change its address by giving the other parties written notice of its new address as
herein provided.
[SIGNATURES ON NEXT PAGE]
-5-
In Witness Whereof, the parties have executed this Agreement the day and year above
written.
APPROVED AS TO FORM:
VIRGINIA GENNARO
City Attorney
in
Deputy City Attorney
APPROVED AS TO CONTENT:
Water Resources Department
ME
ARTHUR R. CHIANELLO, P.E.
Water Resources Manager
CITY OF BAKERSFIELD
KAREN GOH
:
APPROVED AS TO FORM:
ARVIN - EDISON WATER STORAGE DISTRICT
an
DAVID A. NIXON
Deputy General Manager
I' W
Attachments: Exhibit "A ", Point of Discharge Map
Exhibit "B ", City Monitoring Program
Mayor
COUNTERSIGNED:
Finance Department
NELSON SMITH
Finance Director
EDWIN CAMP
President
JOHN MOORE
Secretary
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Arvin - Edison Canal
Point of Discharge to the Arvin - Edison Canals
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Collected storm water grab samples shall be analyzed for the constituents in Table 1.
Table 1. Monitoring Constituents
Constituent
Biochemical Oxygen Demand
Chemical Oxygen Demand
Total Organic Carbon
Total Dissolved Solids
Total Suspended Solids
Total Hardness as CaCO3
Total Phosphorous
Dissolved Phosphorous
Total Kjeldahl Nitrogen
Nitrate (as Nitrogen)
Total Ammonia (as Nitrogen)
Total Arsenic
Total Cadmium
Total Chromium
Total Copper
Total Lead
Total Mercury
Total Nickel _
Total Selenium
Total Zinc
Oil and Grease
Specific Conductance
pH
Constituent
Organochlorine Pesticides
Organophosphate Pesticides
Purgeable Aromatic Constituents
Herbicides
Total Coliform
Fecal Coliform
E. Coli and /or enterococcus
Calcuim
Magnesium
Sodium
BiCarbonate
Nitrate (as NO3)
Chloride
Boron
Turbidity (NTU)
Aluminum
Iron
Manganese _
Vanadium
Bromide
Chromium VI
Sulfate
' Monitoring of E. Coli and /or enterococcus shall begin following the update by the State Water
Resources Control Board of its indicator bacteria water quality objectives, in accordance with any
implementation schedule adopted with the update. If the update contains no implementation schedule,
monitoring of E. Coli and /or enterococcus shall begin within 30 days of the final approval of the
update.
O�BAKE
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ADMINISTRATIVE REPORT
0 9 WATER BOARD
MEETING DATE: February 8, 2017 AGENDA SECTION: New Business
ITEM: 8. B.
TO:
FROM:
DATE:
SUBJECT:
Bob Smith, Chairman
Jacquie Sullivan, Member
Ken Weir, Member
Art Chianello, Water Resources Manager
February 1, 2017
/APPROVED
DEPARTMENT HEAD C�Cr
Proposed 1,77% rate increase to O &M Agreement No. 92 -250 with California Water
Service Co., increasing annual costs by an estimated $119,000.
RECOMMENDATION: Staff recommends approval of proposed rate increase.
BACKGROUND: On November 4, 1992, the City entered into Agreement No. 92 -250 with
California Water Service Co. (CWS) whereby CWS would operate and maintain the City's water
system in exchange for a set rate paid on each active City water connection. As allowed under
terms of the agreement, CWS may request annual increases to this rate.
The last increase CWS effectively received was in January 2014 where the rate increased from
$12.14 to $12,38 (1,98 %) per active water meter. The following year starting in January 2015, no
rate increase was agreed to which was modeled after 0% CPI. While no rate increase has been
made since then, CWS and the City have been in discussions to negotiate a rate adjustment for
January 2016. Based upon CPI and system growth during calendar year 2015, a rate increase
adjusting the per -meter rate from $12.38 to $ 12.60 (1.77 %) was agreed to.
CWS currently maintains approximately 45,500 active water meters. This rate adjustment would
increase annual O &M costs paid to CWS by approximately $119,000. Staff recommends Water
Board approve this rate increase. Payment would be made out of Water Resources
Department's FY 2016 -17 Operating Budget.
BAKE
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ADMINISTRATIVE REPORT
IFO WATER BOARD
cAL �
MEETING DATE: February 8, 2017 AGENDA SECTION: Miscellaneous
ITEM: 10. A.
TO: Bob Smith, Chairman
Ken Weir, Member
Jacquie Sullivan, Member
FROM: Art Chianello, Water Resources Manager
DATE: February 1, 2017
SUBJECT: Proposed 2017 Water Board Meeting Calendar
RECOMMENDATION:
APPROVED
DEPARTMENT HEAD (�
Staff recommends approval of the 2017 Water Board Meeting Calendar.
BACKGROUND:
The following are proposed dates for 2017 Water Board meetings:
February 8
March 15
April 12
May 17
June 14
July 12
August 9
September 13
October 18
November 8
SCHEDULED MEETINGS
CITY OF BAKERSFIELD WATER BOARD
JANUARY 2017 THROUGH DECEMBER 2017
PROPOSED CALENDAR
Regular Meeting
Begins @ 2:00 PM
Water Resources Conference Room
1000 Buena Vista Road, Bakersfield, CA 93311
JANUARY
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1/23/17
=Holidays - City Hall Closed
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