HomeMy WebLinkAbout09.18.2019 WB Agenda Packet Special MeetingCity of Bakersfield
Water Board
Special Meeting of
September 18, 2019
First Point — September 10. 2019
Water Resources
File Packet
WATER BOARD
Bob Smith, Chair
Chris Parlier
`FORA Ken Weir
I . CALL TO ORDER
2. ROLL CALL
3. MINUTES
4
5,
6.
7
CITY OF BAKERSFIELD
WATER BOARD
SPECIAL MEETING
Wednesday, September 18, 2019 - 2:00 p.m.
City Hall North Conference Room A
1600 Truxtun Ave, Bakersfield, CA 93301
AGENDA
A. Minutes of the Special Meeting of July 10, 2019 for approval - For Board
Review and Action
PUBLIC STATEMENTS
KERN RIVER LEVEE DISTRICT
REPORTS
A. Kern River & Isabella Reservoir Operations Report - For Board Information
B. Update on Water Usage in the City's Domestic Water Service Area for
August 2019 - For Board Information
NEW BUSINESS
A. Resolution setting Domestic Water Availability Fee for service areas of the
City of Bakersfield Domestic Water system
- Staff recommends the Water Board forward the resolution to City Council
for adoption at the public hearing scheduled on October 23, 2019.
B. Weather Modification Precipitation and Reimbursement Agreement with
North Kern for participation in Weather Modification
- Staff recommends the Water Board refer the Reimbursement Agreement
with North Kern for approval on the October 23, 2019 meeting.
Water Board Agenda
September 13, 2019
8. WATER BOARD STATEMENTS
9. CLOSED SESSION
10. CLOSED SESSION ACTION
11. ADJOURNMENT
ART CHIANELLO, P.E.
POSTED: September 17 2019
Page 2
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MEETING DATE: September 18, 2019 AGENDA SECTION: Minutes
ITEM: 3. A.
TO
FROM
DATE:
SUBJECT
Bob Smith, Chairman
Chris Parlier, Member
Ken Weir, Member
Art Chianello, Water Resources Manager
September 13, 2019
APPROVED
DEPARTMENT HEAD
Approval of the Minutes of the Special Water Board Meeting of July 10, 2019.
RECOMMENDATION:
Staff recommends approval of the Minutes of the Special Water Board Meeting of
July 10, 2019.
BACKGROUND:
MINUTES OF THE SPECIAL MEETING
OF THE
WATER BOARD - CITY OF BAKERSFIELD
trrtt?'`t
9trF ��P Wednesday, July 10, 2019 - 3:00 p.m.
City Hall North Conference Room A
1600 Truxtun Ave, Bakersfield, CA 93301
CALL TO ORDER
Chairman Smith called the meeting to order at 3:00 p.m.
2. ROLL CALL
Present: Chairman Smith, Member Parlier, Member Weir
Absent: None
3. MINUTES
A. Minutes of the Special Meeting of May 15, 2019 for approval.
Motion by Member Weir to approve the Minutes of May 15, 2019.
APPROVED ALL AYES
4. PUBLIC STATEMENTS
Dennis Fox spoke about two books regarding Water. Mr. Fox also submitted to
each Water Board Member a copy of a letter he wrote to the California Fish and
Game Commission with the subject: Negative Aspects of Transfers and other
Water Subsidies which Mr. Fox will be submitting August 8, 2019. Mr. Fox ask the
Board to review and offer suggestions. Board information only, no action taken.
5. KERN RIVER LEVEE DISTRICT - None
6. REPORTS
A. Kern River & Isabella Reservoir Operations Report
Miguel Chavez, Hydrographic Supervisor, gave an overview of the current
and future Kern River Operations. Mr. Chavez stated that we are currently
on tract to finish off the April thru July runoff period at 198% of normal. Since
our last meeting, the Kern River has been very active. In June, regulated
outflow peaked at 5,400 cubic feet per second (cfs) and inflow to Lake
Isabella peaked at 6,701 cfs. Looking ahead, the city will continue to
maintain flows in the river from Manor Street to the City's 2800 Acre
spreading Facility through August. Board information only, no action
taken.
Bakersfield, California, July 10, 2019 - Page 2
6. REPORTS (cont.)
B. Update on Water Usage in the City's Domestic Water Service Area for June
2019
Kristina Budak, Water Resources Director, referenced graphs that show the
water usage for the City's Domestic Water Service Area from January 2019
through June 2019 and the monthly percentage reduction (or increase)
for the service area for the same period compared to the 2013 baseline.
From January 2019 through June 2019 the City's Domestic Water Service
Area saved 2354 acre feet compared to 2013 quantities. The cumulative
water savings over this time period is about 13.75% reduction from 2013
baseline. Board information only, no action taken.
7. NEW BUSINESS
A. Contract Change Order No. 1 to Agreement No. 17-084 with W.M. Lyles
($245,596; revised not to exceed $29,123,931) for the Construction and
Design of TCP Project - Staff recommends the Water Board refer the
change order to City Council for approval.
Art Chianello, Water Resources Manager, stated this is regarding the City's
TCP Project which I am happy to report is complete. Construction is
finished. The construction contract was a progressive design/build
contract with W.M. Lyles. Total contract amount $29,123,931 with a total
of twenty-six (26) change orders. A total of twenty-one (21) extra changes
in the amount of $686,990.02 and a total of five (5) adjustment of
compensation changes (credits) in the amount of $441,394.02 making a
net change order amount of $245,596. Total cost was $46,600,000 with
$29,129,931 paid to W.M. Lyles and the remainder used for purchase of
equipment, supplies, and other agreements.
Motion by Weir to refer change order to City Council for approval.
APPROVED ALL AYES
B. Proposed increase to O&M Agreement No. 92-250 with California Water
Service Co. in the amount of 3.1 %, increasing annual cost by an estimated
$224,698. - Staff recommends approval of proposed rate increase.
Art Chianello, Water Resources Manager, explained Agreement No. 92-
250 is an operations and maintenance agreement between California
Water Service Co. (Cal Water) and the City of Bakersfield for Cal Water to
operate and maintain the City of Bakersfield's domestic water system.
There is a provision in the agreement for annual adjustment of the rate for
increased cost of operation and maintenance of our system. Cal Water
and City staff look at previous year cost and negotiate an increase for the
year. Mr. Chianello referred to the Administrative Report chart for the past
5 years of California Water Service Co. (CWS) negotiated increase
compared to the CPI. With increase operation and maintenance costs
due to the installation of 110 new granular activated carbon vessels staff
Bakersfield, California, July 10, 2019 - Page 3
7. NEW BUSINESS (continued)
recommends a monthly per meter fee increase from $12.86 to $13.26
(3.10%). Geoff Fulks, California Water Service Company District Manager,
explained escalation of chemical cost, system growth, and new demands.
Motion by Parlier to approve proposed rate increase.
APPROVED ALL AYES
C. Approval of a resolution is required to utilize the design/build construction
procurement process. - Staff recommends the Water Board refer the
resolution to City Council for approval.
Art Chianello, Water Resources Manager, stated the purpose of the
resolution is to authorize the design/build construction procurement
process to install water flow monitoring devices at 20 locations along the
Kern River. Currently at those locations we have ink chart recorders that
measure flows but under new State guidelines digital measuring is
required. On May 23, 2018 council approved a resolution authorizing the
Water Resources Manager to apply for the Water and Energy Efficiency
WaterSMART Program administered by the United States Bureau of
Reclamation for a SCADA Project grant. The City received the grant for
approximately $763,000 with City matching funds. With the funds included
in this fiscal year's budget, the most efficient and cost effective approach
for design and construction to install the SCADA system due to the
uniqueness of each diversion point and each weir is the design/build
project delivery method. Prior to starting the RFQ/RFP process, Municipal
Code 3.20.060 D. requires that a resolution be approved by City Council
prior to utilizing the design/build construction process. Staff recommends
the City Council adopt the resolution. Staff concurred data would be
better, more timely, and more accurate.
Motion by Weir to refer the resolution to City Council for approval.
APPROVED ALL AYES
8. WATER BOARD STATEMENTS
Chairman Smith stated he observed city staff working on the Coffee Rd
weir at 11:00 pm. Mr. Chianello responded Water Resources has a swing
shift canal tender monitoring flows and cleaning out debris as needed.
Chairman Smith inquired to additional items Water Resources is working
on. Mr. Tandy responded City reviewing the possibility of increased winter
carryover storage, and the potential for Kern River interests to have
discussions with the Army Corp of Engineers. This is significant because
considering all of the Isabella Lake dam improvements under construction,
a study may show that an increase in winter carryover storage is feasible
and will result in many benefits.
Bakersfield, California, July 10, 2019 - Page 4
9. CLOSED SESSION - None
10. CLOSED SESSION ACTION - None
11. ADJOURNMENT
Chairman Smith adjourned the meeting at 3:39 p.m.
Bob Smith, Chairman
City of Bakersfield Water Board
Kimberly Aleman, Secretary
City of Bakersfield Water Board
BAKE
ADMINISTRATIVE REPORT
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BOARD
MEETING DATE: September 18, 2019 AGENDA SECTION: Reports
ITEM: 6. A.
TO: Bob Smith, Chairman
Chris Parlier, Member
Ken Weir, Member
FROM: Art Chianello, Water Resources Manager
DATE: September 13, 2019
APPROVED
DEPARTMENT HEAD
SUBJECT: Kern River & Isabella Reservoir Operations Report
RECOMMENDATION: For Board Information
BACKGROUND: Report on current Kern River flow and Isabella storage conditions.
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ADMINISTRATIVE REPORT
c9L'�° WATER BOARD
MEETING DATE: September 18, 2019 AGENDA SECTION: Reports
ITEM: 6. B.
TO:
FROM:
DATE:
SUBJECT
Bob Smith, Chairman
Chris Parlier, Member
Ken Weir, Member
Art Chianello, Water Resources Manager
September 12, 2019
APPROVED
DEPARTMENT HEAD
Update on Water Usage in the City's Domestic Water Service Area August
2019
RECOMMENDATION: For Board information
BACKGROUND: On April 7, 2017, the Governor ended the Drought State of Emergency
for California's water purveyors. Even though there is no longer a conservation target for
the City's Domestic Water Service Area, the City is still recommending that conservation
efforts by our residents continue due to historically low groundwater levels.
The graphs on the following page show the water usage for the City's Domestic Water
Service Area for 2019 to -date and the monthly percentage reduction for the service area
for the same period compared to 2013.
So far in 2019, the City's Domestic Water Service Area has saved 3344.8 acre feet
compared to 2013 quantities. The cumulative water savings over this time period is about
11.92% reduction from 2013 quantities. The water savings amounts stated are for total
water deliveries in the system.
It should be noted that the City's Domestic Water System has grown over the past six
years. In 2013 the population served by the City domestic water system in August was
approximately 135,960 residents and in August 2019, the population served is about
153,773 residents. This is a population increase of about 11.58% over the six-year period.
Therefore, considering the population growth in the City's system and the reduced
amount of water used during the month of August, water use reduction equates to
approximately 15.31 % per person per day.
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ADMINISTRATIVE REPORT
WATER BOARD
Domestic Water Use Comparison
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Jan
.-
Jan Feb Mar
5.78%
5.00%
1.00%
0.00%
Jan Feb
28.10%
L,May June Jul Aug Sep Oct Nov Dec
Metered Percent Reduction by Month
16.00%
15.80%
11.88%
10.86%
7.41%
Mar Apr May June Jul Aug Sep
Oct Nov Dec
BAKE
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ADMINISTRATIVE REPORT
c9LIFO �� WATER BOARD
MEETING DATE: September 18, 2019 AGENDA SECTION: New Business
ITEM: 7. A.
TO:
FROM:
DATE:
SUBJECT:
Bob Smith, Chairman
Chris Parlier, Member
Ken Weir, Member
Art Chianello, Water Resources Manager
September 12, 2019
APPROVED
DEPARTMENT HEAD (C
Resolution setting Domestic Water Availability Fee for service areas of the City of
Bakersfield Domestic Water system.
RECOMMENDATION: Staff recommends that Water Board approve that the resolution be
forwarded to the full City Council for adoption at the public hearing scheduled on October 23,
2019.
BACKGROUND: The City Water Board, with concurrence of the City Council, shall establish
availability fees per Municipal Code Section 14.04.120(b) for water service facilities
required to enable development of all areas served by the city water system. Such fees
are declared to be necessary to compensate the city for the expense incurred in
furnishing source, storage, and water distribution facilities, and related capital project
expenses.
The basis for the water availability fee adjustment is defined in Bakersfield Municipal Code
Section 15.84.030 as the ENR Annual Construction Cost Index (Los Angeles) as published
by Engineering News Record, McGraw Hill. The most recent increase is 1.91 %. The current
Water Availability Fee is $6,054 per gross acre, and is recommended to be revised by this
percentage to $6,169 per gross acre, or an increase of $115 per gross acre. Assuming four (4)
dwelling units per gross acre, the increase equates to a one-time charge of $28.75 per dwelling
unit.
California Government Code Section 66016 requires that increases in existing fees and charges
be adopted by ordinance or resolution following a public hearing. It also requires a local agency
to hold at least one open and public meeting regarding the increase. A public hearing to accept
testimony regarding the fee increase is scheduled to be held before the Council of the City of
Bakersfield on Wednesday, October 23, 2019.
AVAILABILITY FEE
2018 2017
January
11,935.82
11,555.03
February
11,935.82
11,555.03
March
11,935.82
11,555.03
April
11,935.82
11,642.47
May
11,935.82
11,636.49
June
11,940.25
11,636.49
July
11,985.50
11,636.49
August
12,000.25
11,962.32
September
12,002.50
11,960.32
October
12,009.59
11,935.82
November
12,006.35
11,935.82
December
12,011.85
11,935.82
143,635.39 140,947.13
Divided by 12 11,969.62 11,745.59
Computation of change in CCI:
2018 11,969.62
2017 11,745.59
Change ($) 224.03
Change (%) 1.91%
Current Availability Fee- July 1, 2019 $6,054
Change (%) Construction Cost Index 1.91%
New Availability Fee- July 1, 2020 $6,169
RESOLUTION NO.
A RESOLUTION OF THE COUNCIL OF THE CITY OF
BAKERSFIELD SETTING DOMESTIC WATER AVAILABILITY FEE.
WHEREAS, the City is slated with the responsibility of ensuring that all
proposed development in the City's Domestic Water Service area will have a
viable high quality water supply and pressures or such development cannot
proceed; and
WHEREAS, in order to ensure that current and future infrastructure and
distribution of water supplies will be available for current and new users, the City
must take all necessary steps to procure and capture water resources, including,
but not limited to, acquiring real property for the drilling of water wells, installation
of transmission water mains and water treatment facilities; and
WHEREAS, the cost of procuring and maintaining the water supply is an
expense which is funded from the various fees established for the use of such
water supplies; and
WHEREAS, the Availability Fee charged to ensure water will be accessible
for new development (cost of funding new water well construction, purchase of
land for recharge facilities, etc.) is currently $6,054.00 per acre and has not be
adjusted since July 1, 2015; and
WHEREAS, pursuant to Government Code Section 66016, the City noticed a
hearing for October 23, 2019 regarding the setting of the availability fee; and
WHEREAS, pursuant to the calculations set forth in Exhibit "A", attached
hereto and incorporated herein by reference, the new availability fee needs to
be set at $6,169.00 per acre effective November 1, 2019 to offset these increased
costs, pursuant to Bakersfield Municipal Code Section 14.04.120(b) in accordance
with the Construction Cost Index as defined in the Bakersfield Municipal Code
Section 15.84.030(D).
-- Page 1 of 3 Pages --
NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of Bakersfield
as follows:
I . The above recitals are true and correct and incorporated herein by
reference;
2. The City Council hereby adopts a new water availability fee of
$6,169.00 per acre based upon the calculations contained in Exhibit
«A„
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--
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-- Page 2 of 3 Pages --
I HEREBY CERTIFY that the foregoing Resolution was passed and adopted
by the Council of the City of Bakersfield at a regular meeting thereof held on
, by the following vote:
AYES:
COUNCIL MEMBER
NOES:
COUNCIL MEMBER
ABSTAIN:
COUNCIL MEMBER
ABSENT:
COUNCIL MEMBER
APPROVED
KAREN GOH
Mayor
APPROVED AS TO FORM:
VIRGINIA GENNARO
City Attorney
1.2
VIRGINIA GENNARO
City Attorney
JHR:pd
RIVERA, GONZALES, WEIR, SMITH, FREEMAN, SULLIVAN, PARLIER
JULIE DRIMAKIS
CITY CLERK and Ex Officio Clerk of
the Council of the City of Bakersfield
-- Page 3 of 3 Pages --
BAKES,
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ADMINISTRATIVE REPORT
cR
IF, �
WATER BOARD
MEETING DATE: September 18, 2019 AGENDA SECTION: New Business
ITEM: 7. B.
TO: Bob Smith, Chairman
Chris Parlier, Member
Ken Weir, Member /APPROVED
FROM: Art Chianello, Water Resources Manager DEPARTMENT HEAD /7C',
DATE: September 12, 2019 G�
SUBJECT: Reimbursement Agreement between City of Bakersfield and North Kern Water
Storage District for Weather Modification Program for a not to exceed amount of
$182,397.75 for 2019 through 2022 [$60,799.25 annually].
RECOMMENDATION: Staff recommends Board referral to City Council for approval
BACKGROUND: The City has been participating in the weather modification program with
the other Kern River interests since 1977. This program is formally known as the Kern River
Basin Cloud Seeding Program. On November 2, 2016, the City Council approved an
agreement with North Kern Water Storage District (North Kern) to conduct the program.
The agreement expired at the end of the operation season on April 30, 2019.
Cloud seeding artificially stimulates clouds to produce more rainfall or snowfall than they
would produce naturally. RHS Consulting, the company that North Kern contracts with
for cloud seeding program estimates a precipitation/runoff increase of I I%. At a 90 %
confidence level, RHS estimates 7.9% to 15.8% increase in streamflow.
In a median year, the City of Bakersfield's historic Kern River yield is approximately 118,000
acre feet. At a 10% increase in yield, there would is an additional 11,800 acre feet of
water. At $60,799.25 per year, the cost of the water potentially generated by cloud
seeding is very inexpensive at $5.15 per acre foot.
City staff recommends approval of the agreement to continue weather modification.
AGREEMENT NO.
AGREEMENT FOR REIMBURSEMENT OF
KERN RIVER WEATHER MODIFICATION PROGRAM COSTS
THIS AGREEMENT is made and entered into on by
and between the CITY OF BAKERSFIELD, a Charter city and municipal corporation
("CITY" herein), NORTH KERN WATER STORAGE DISTRICT ("DISTRICT' herein).
RECITALS
WHEREAS, the Department of Water Resources, State of California, initially
issued to the DISTRICT a permit for Weather Resources Management (herein
referred to as the "permit"), dated July 2, 1980 (Permit #11), which authorizes the
DISTRICT to conduct a Weather Resources Management Program (hereinafter
referred to as the "Program"; and
WHEREAS, the City of Bakersfield, North Kern Water Storage District, Kern
Delta Water District and Buena Vista Water Storage District currently participate
in the Kern River Basin Cloud Seeding Program; and
WHEREAS, the DISTRICT has entered into a contract with RHS Consulting, Ltd.
("Contractor" herein) who has on its staff qualified and recognized weather
resources management personnel and other professionals necessary to carry out
and supervise the program and it has at its disposal the equipment necessary to
carry out the Program; and
WHEREAS, on September 18, 2019 the City of Bakersfield Water Board
approved participation in Kern River Weather Modification Program for the 2019
through 2022 seasons; and
WHEREAS, the total amount to conduct a Weather Resources Management
Program for three seasons, 2019-20 through 2021-22 is estimated to be $729,591
for all three seasons, 2019 to 2022. The shared cost for each participant is twenty-
five percent (25%) of the total cost, not to exceed $182,397.75; and
NOW, THEREFORE, incorporating the foregoing recitals herein, CITY and
DISTRICT mutually agree as follows:
1. PROGRAM. CITY shall participate in the Kern River Weather
Modification Program for the three season from 2019-20 through to 2021-22.
2. CONTRACTOR. Contractor shall engage in artificial cloud nucleation
operations during the term of the contract, within the target area identified by
-- Page 1 of 6 Pages --
and consistent with the INITIAL STUDY OF ENVIRONMENTAL ASPECTS OF KERN RIVER
WEATHER MODIFICATION PROGRAM and the above referenced permit. The
purpose of this cloud nucleation operation is to increase precipitation within the
target area.
3. COSTS. This reimbursement agreement only includes the CITY's
agreed cost. CITY shall reimburse DISTRICT for costs incurred by DISTRICT to
conduct a Weather Resources Management Program, in an amount not to
exceed $60,799.25 annually for three years, 2019-20 to 2021-22.
4. PAYMENTS. DISTRICT shall invoice CITY pursuant to this agreement
and provide CITY with documentation for costs incurred for materials, labor and
equipment. CITY shall reimburse DISTRICT for these costs within 45 days of receipt.
S. ASSIGNMENT. Neither this Agreement, nor any interest in it, may be
assigned or transferred by any party without the prior written consent of all the
parties. Any such assignment will be subject to such terms and conditions as CITY
may choose to impose.
6. CORPORATE AUTHORITY. Each individual signing this Agreement on
behalf of entities represents and warrants that they are, respectively, duly
authorized to sign on behalf of the entities and to bind the entities fully to each
and all of the obligations set forth in this Agreement.
7. EXECUTION. This Agreement is effective upon execution. It is the
produce of negotiation and all parties are equally responsible for authorship of
this Agreement. Section 1654 of the California Civil Code shall not apply to the
interpretation of this Agreement.
8. EXHIBITS. In the event of a conflict between the terms, conditions or
specifications set forth in this Agreement and those in exhibits attached hereto,
the terms, conditions or specifications set forth in this Agreement shall prevail. All
exhibits to which reference is made in this Agreement are deemed incorporated
in this Agreement, whether or not actually attached.
9. GOVERNING LAW. The laws of the State of California will govern the
validity of this Agreement, its interpretation and performance. Any litigation
arising in any way from this Agreement shall be brought in Kern County, California.
10. FURTHER ASSURANCES. Each party shall execute and deliver such
papers, documents, and instruments, and perform such acts as are necessary or
appropriate, to implement the terms of this Agreement and the intent of the
parties to this Agreement.
11. MERGER AND MODIFICATION. This Agreement sets forth the entire
Agreement between the parties and supersedes all other oral or written
-- Page 2 of 6 Pages --
representations. This Agreement may be modified only in a writing approved by
the City Council and signed by all the parties.
12. NEGATION OF PARTNERSHIP. City shall not become or be deemed
a partner or joint venture with DISTRICT or associate in any such relationship with
DISTRICT by reason of the provisions of this Agreement. DISTRICT shall not for any
purpose be considered an agent, officer or employee of City.
13. NO WAIVER OF DEFAULT. The failure of any party to enforce against
another party any provision of this Agreement shall not constitute a waiver of that
party's right to enforce such a provision at a later time, and shall not serve to vary
the terms of this Agreement. The acceptance of work or services, or payment for
work or services, by CITY shall not constitute a waiver of any provisions of this
Agreement.
14. NON-INTEREST. No officer or employee of City shall hold any interest
in this Agreement (California Government Code section 1090).
15. NOTICES. All notices relative to this Agreement shall be given in
writing and shall be personally served or sent by certified or registered mail and
be effective upon actual personal service or depositing in the Unites States mail.
The parties shall be addressed as follows, or at any other address designated by
notice:
CITY: CITY OF BAKERSFIELD
Water Resources Department
1000 Buena Vista Road
Bakersfield, CA 93311
Telephone: (661) 326-3715
DISTRICT: NORTH KERN WATER STORAGE DISTRICT
P. O. Box 81435
Bakersfield, CA 93380-1435
Telephone: (661) 393-2696
Facsimile: (661) 393-6884
16. TERM. The term of this Agreement shall be for one (1) year from the
date first written above with two (2) one year automatic renewals, provided,
however, unless either party hereto provides written notice of termination at least
thirty (30) days prior to the end of each relevant term.
17. TERMINATION. This Agreement will terminate upon the completion of
the work, payment has been received by DISTRICT from the CITY for such work
-- Page 3 of 6 Pages --
and DISTRICT has completed an operations and monitoring plan with the
cooperation of the City.
18. EXHIBITS. In the event of a conflict between the terms, conditions or
specifications set forth in this Agreement and those in exhibits attached hereto,
the terms, conditions, or specifications set forth in this Agreement shall prevail. All
exhibits to which reference is made in this Agreement are deemed incorporated
in this Agreement, whether or not actually attached.
19. EXECUTION. This Agreement is effective upon execution. It is the
product of negotiation and all parties are equally responsible for authorship of this
Agreement. Section 1654 of the California Civil Code shall not apply to the
interpretation of this Agreement.
CITY: CITY OF BAKERSFIELD
Water Resources Department
Attn: Art Chianello, P.E.
Water Resources Manager
1000 Buena Vista Road
Bakersfield, California, 93311
AGENCY: NORTH KERN WATER STORAGE DISTRICT
Attn: Richard A. Diamond
General Manager
P. O. Box 81435
Bakersfield, CA 93380-1435
20. ASSIGNMENT. Neither this Agreement nor any rights, interests, duties,
liabilities, obligations or responsibilities arising out of, concerning or related in any
way to this Agreement (including, but not limited to, accounts, actions, causes of
action, claims, damages, demands, liabilities, losses, obligations, or reckonings of
any kind or nature whatsoever, for compensatory or exemplary and punitive
damages, or declaratory, equitable or injunctive relief, whether based on
contract, equity, tort or other theories of recovery provided for by the common
or statutory law) may be assigned or transferred by any party. Any such
assignment is prohibited, and shall be unenforceable and otherwise null and void
without the need for further action by the non -assigning party or parties.
21. TIME. Time is of the essence in this Agreement.
22. BINDING EFFECT. The rights and obligations of this Agreement shall
inure to the benefit of, and be binding upon, the parties to the contract and their
heirs, administrators, executors, personal representatives, successors and assigns,
and whenever the context so requires, the masculine gender includes the
feminine and neuter, and the singular number includes the plural. This Agreement
-- Page 4 of 6 Pages --
may be executed in any number of counterparts, each of which shall be
considered as an original and be effective as such.
23. CORPORATE AUTHORITY. Each individual signing this Agreement on
behalf of entities represent and warrant that they are, respectively, duly
authorized to sign on behalf of the entities and to bind the entities fully to each
and all of the obligations set forth in this Agreement.
24. INDEMNITY. CITY and Contractor have entered into a separate
indemnification agreement.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed, the day and year first -above written.
"CITY"
"DISTRICT"
CITY OF BAKERSFIELD NORTH KERN WATER STORAGE DISTRICT
M.
Print Name:
KAREN GOH
Mayor Title:
APPROVED AS TO CONTENT:
WATER RESOURCES DEPARTMENT
ART CHIANELLO, P.E.
Water Resources Manager
APPROVED AS TO FORM:
VIRGINIA GENNARO
City Attorney
M.
VIRGINIA GENNARO
City Attorney
Insurance:
Signatures on following page
-- Page 5 of 6 Pages --
COUNTERSIGNED:
RANDY McKEEGAN
Finance Director
Attachments: Kern River Watermaster letter dated August 15, 2019 -
Weather Modification Program
Contract between North Kern Water Storage District and RHS
Consulting, Ltd.
-- Page 6 of 6 Pages --
Kern River Watermaster
16294 Highway 43
P.O. Box 1168
Wasco, California 93280
4.
Office: (661) 758-5153
Cell (661) 201-5527
Fax: (661) 758-6167
August 15, 2019
TO: Miller-Haggin Interests
FROM: Dana S. Munn
RE: Weather Modification Program
The Kern River Miller-Haggin Interests ("MHI" does not include Lower River—KCWA) has been engaged in
weather modification of the Kern River Basin since 1977. The program has had North Kern Water Storage
District ("NKWSD") contracting with the vendor with the MHI splitting the costs 4 ways.
Almost all of the weather modification involved using airplanes to disperse seeding material during storm
events. There have been ground generators used in areas that airplane use has been restricted (South Fork due
to China Lake military airspace) and a year where a retirement of a contractor caused airplanes not to be
available. For the last several years RHS Consulting, Ltd (RHS) has been used.
The contractor provides an end of the season report with statistical analysis comparing basins in the Sierra that
do not have weather modification to the Kern. The RHS statistical analysis shows an 11% average gain in
streamflow with a cost of $1.50/AF to $5/AF. Three years ago a similar report was provided to Cal Poly IRTC for
review. Although they questioned some of the statistical tools the Cal Poly IRTC staff supported the continued
weather modification program.
Four years ago in order to control costs the program split fixed costs with Kaweah Delta Conservation District. It
is proposed to continue this operation.
Prior to three years ago the timing of the prior year's report and the approval for the next year's program
caused some problems getting all four of the MHI formal participation approval before the November 1 program
start date. Given that a three year program was contracted for with the option of a party to terminate
participation at the end of the first or second season's participation. RLS has slightly increased costs due to
insurance and FAA required equipment upgrades. The draft contract is attached along with a spreadsheet
comparing 2016 to 2019 proposed costs.
Given the above each Board needs to consider action per the following outline:
1. Participate in the Kern River Weather Modification Program for the 2019/2020 thru 2022/13 seasons
with North Kern Water Storage District as the contracting agency.
Weather Modification Program Page 1 of 2
2. Concur on contract between North Kern Water Storage District and RHS Consulting, Ltd,
3. Pay share of costs based on:
a. Not to exceed:
i. $729,591 for all three seasons.
ii. $243,197 per single season.
b. The shared cost for each participant is twenty-five percent (25%) of the total cost
i. Not to exceed:
1. $182,398 for all three seasons.
2. $60,799 per single season.
4. Each Participant can opt out after the end of each season.
Attachments:
Draft contract from RHS Consulting, Ltd
Weather Modification Program Page 2 of 2
CONTRACT
This contract entered into this _'h day of , 2019 by and between NORTH KERN WATER
STORAGE DISTRICT, a Water Storage District organized and existing under and by virtue of Division 14 of the
California Water Code, hereinafter referred to as the "District" and RHS Consulting, Ltd., hereinafter referred to as
the "Contractor".
WITNESSETH:
WHEREAS: The Department of Water Resources, State of California, initially issued to the District a
permit for Weather Resources Management (hereinafter referred to as the "permit"), dated July 2, 1980 (Permit
#11), which authorizes the District to conduct a Weather Resources Management Program (hereinafter referred to
as the "Program"); and
WHEREAS: The Contractor has on its staff qualified and recognized weather resources management
personnel and other professionals necessary to carry out and supervise the program and has at its disposal the
equipment necessary to carry out the program;
NOW THEREFORE, IT IS AGREED as follows:
1. Contractor shall engage in artificial cloud nucleation operations during the term of this contract, within
the target area identified by and consistent with the INITIAL STUDY OF ENVIRONMENTAL
ASPECTS OF KERN RIVER WEATHER MODIFICATION PROGRAM and the above referenced
permit. The purpose of this cloud nucleation operation is to increase precipitation within the target area.
2. This contract shall cover three consecutive winter seasons operating between November I and ending on
April 30 of each winter season. The term of this contract shall begin on November 1, 2019 and end on
April 30, 2022.
3. The District has the option of extending the work at its discretion on a monthly bas is at the same
monthly rates (standby plus consumables) by requesting the Contractor five (5) five days in writing prior
to the end of the normal end date of the contract.
4. The Contractor shall furnish and have available for use duringthe operational period the following
equipment and personnel:
a. The Contractor agrees to have available on a 24 -hour -per -day, 7 -day -per -week basis the services of a
competent staff to furnish full meteorological data.
The Contractor will maintain real time 24 -hour -per -day, 7 -day -per -week access and use local NWS
NEXRAD Level II "super resolution" radar data and software designed to track and analyze
precipitation in clouds upwind and over the target area. The NWS Hanford NEXRAD radar will be
the primary radar used for weather surveillance and directing aircraft seeding operations.
c. All basic weather data will be processed and archived in the Contractor's Reno office. This information
will be used to coordinate various phases of the field program. A dedicated cloud seeding aircraft
will be based at the Visalia or Fresno Yosemite Airport at the discretion of the Contractor. This all-
weather aircraft will be equipped for dispensing silver iodide and other nucleating agents for use in
cloud seeding activities throughout the target area. A backup aircraft will be made available for use on
the program within 24 hours should any issues arise that prevent the use of the primary aircraft.
i) The contractor agrees that its aircraft and equipment thereon will be certified by the Federal
Aviation Administration, an agency of the United States of America, and that any and all pilots
operating aircraft by or on behalf of the Contractor shall be duly licensed by the said Federal
Aviation Administration.
ii) Contractor will furnish the following personnel during the contract period:
(a) One radar meteorologist to be located at the Contractor's Fresno Office
(b) One instrument rated cloud seeding pilot to be stationed in or nearby the project area
and available to fly with two hours' notice day or night.
(c) One additional relief instrument rated cloud seeding pilot to provide the project
pilot required rest during extended storm periods.
(d) Attend Board Meetings and respond to requests for information regarding the
program from the media and/or public as requested by the District.
iii) Richard Stone shall supervise the program and act as the Contractor's Representative.
The primary nucleating agent will be silver iodide, which shall be dispensed from aircraft from
end- burning or ejectable pyrotechnics. Other advanced nucleating agents may be utilized as
special storm conditions develop.
6. The Contractor shall prepare all reports pertaining to the program required to be filed by the
Contractor and District to comply with Federal law and State law, including all pertinent Federal
regulations and State regulations. Details are listed below.
a. Daily: The Contractor shall furnish daily program updates including a weather forecast,
program status and recent seeding activities to the District via email on each workday and on
weekends and holidays whenever seedable storm conditions are forecast.
b. Monthly: The Contractor shall furnish monthly operational reports during the term of the
Contract by the 15"' of the following month. The monthly reports shall include the monthly
NOAH 174A seeding activities report and a composite flight track summarizing seeding
activities conducted each month.
c. Final: The Contractor will furnish the District a preliminary final report covering the winter
season's operational activities (NOAA 174A) as soon as practical and a final report following
the end of the water year that includes any assessments of the program by October 15, 2022.
The Contractor shall submit monthly and final reports to the District electronically via email.
7. The Contractor shall furnish and keep in force during the operational period thefollowing
insurance: comprehensive public liability and property damage insurance in the amount of not less
than $5,000,000, covering the operation of all of its equipment owned or leased including the
aircraft and workers compensation insurance. Such insurance shall be maintained at Contractor's
cost. With respect to the above referenced insurance policies, the contractor shall deposit certificates
of insurance with District prior to the commencement of the operational period reflecting the
liability insurance and the aviation bodily injury and property damage liability insurance that name
North Kem Water Storage District, Buena Vista Water Storage District, Kem Delta Water District,
and the City of Bakersfield, and their officers, agents and employees, as additionally named insured.
All parties require a thirty (30) day notice of cancellation.
8. Contractor agrees to be responsible for, and to indemnify, defend and hold harmless the District
and the parties sponsoring the cloud seeding operations, consisting of the City of Bakersfield, Kern
Delta Water District and Buena Vista Water Storage District, against any and all liabilities,
claims, actions, causes of action or demands of any kind or character whatsoever, arising out of or
caused by Contractor's cloud seeding operations on behalf of the District and the other parties
described herein.
9. Contractor agrees to be bound by all laws of the State of California and the Federal
Government, and that prior to commencing the operation under the contract for the District, the
Contractor shall have in force all necessary licenses and permits from the State of California to
so operate.
10. This Contract may be canceled by the District for any of the following reasons upon five days
written notice, sent by mail to the principal office of the Contractor -..—
a. The issuance of any court of competent jurisdiction of any temporary or permanent injunction
against all or any part of the cloud nucleation operations undertaken by Contractor under this
contract, whether the District is a part of said legal proceedings or not. It is understood that the
issuance of any temporary restraining order, or any temporary injunction limited by its terms
to a period of less than twenty (20) days in duration, shall not constitute a basis for cancellation
under this paragraph.
b. The passage of any overriding legislation by the State of California which shall outlaw, limit,
void or alter in any substantial respect any provisions of this contract or shall make unlawful or
improper in any substantial respects, any of the operations of the Contractor under this
contract.
c. For any reason considered in the best interest of the District.
11. In the event of cancellation by the District under or pursuit to the terms of I Oa through I Oc
above, all monies already paid to the Contractor by the District shall be retained by the
Contractor. A final report on the cloud seeding operations for that season up to the time of such
cancellation shall be furnished as soon as practical.
12. In the event the District decides that additional precipitation is not desired for any portion of the
operational period, the District may suspend cloud seeding operations for any specified portion of
such operational period by providing three (3) days' notice to the Contractor. In the event the
District suspends operations under this paragraph, Contractor will reimburse the District in the
amount of $250.00 for each day of the suspension.
13. District agrees to pay the Contractor for the services rendered, as outlined in this contract, the total
sum of FIVE HUNDRED SEVENTY THOUSAND DOLLARS ($570,000) PLUS FIVE
HUNDRED NINETY-FIVE DOLLARS ($595.00) PER HOUR OF AIRCRAFT FLIGHT TIME
PLUS ONE HUNDRED DOLLARS ($100.00) PER END BURNING FLARE PLUS FORTY
DOLLARS ($40.00) PER EJECTABLE FLARE AND NINETY DOLLARS ($90.00) PER
HYGROSCOPIC FLARE FOR SEEDING MATERIALS AS SET FORTH IN THE PAYMENT
SCHEDULE BELOW. It is understood and agreed that this sum includes the total fee for all aircraft
flights and evaluations of the program.
14.. Contractor agrees to submit detailed monthly invoices to the District summarizing each
month's consumables by the 51h of the month.
15. SCHEDULE OF PAYMENTS:
PAYMENT DATE AMOUNT
1 November 2019
$33,000
1 December 2019
$25,000 +November consumables
I January 20 20
$25,000 + December consumables
1 February 2020
$25,000 + January consumables
1 March 2020
$25,000 + February consumables
1 April 2020
$25,000 + March consumables
1 May 2020
$25,000 + April consumables
I November 2020
$34,000
1 December 2020
$26,000 + November consumables
1 January 2021
$26,000 + December consumables
1 February 2021
$26,000 + January consumables
1 March 2021
$26,000 + February consumables
1 April 2021
$26,000 + March consumables
1 May 2021
$26,000 + April consumables
1 November 2022
$35,000
1 December 2022
$27,000+ November consumables
1 January 2022
$27,000+ December consumables
I February 2022
$27,000 + January consumables
1 March 2022
$27,000 + February consumables
1 April 2022
$27,000 + March consumables
1 May2022
$27,000 + April consumables
TOTAL: $570,000 +consumables
4
16. Consumables are considered aircraft flight time and seeding materials.
17. District agrees to allow Contractor to increase rates generated as a result of changes in
government regulation. These costs shall be passed on directly as necessary.
18.The total amount of this contract is not toexceed $729,591 without a written request and approval for
additional services from the District.
19. Any notice to be given hereunder may be served personally or by depositing the same in the
United States mail, postage prepaid, and addressed to the party being notified at his address as
set forth below, or at such other address as may be hereafter designated in writing. If served by
mail, service shall be conclusively deemed to have been made upon deposit in the United
States.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals to this contract the day and year first
hereinabove written.
ADDRESS:
P.O. Box 81435
Bakersfield, California 93380-1435
NORTH KERN WATER STORAGE DISTRICT
By
General Manager - "NKWSD"
ADDRESS:
P.O. Box 17096
Reno, Nevada 89511-2872
RHS CONSULTING, LTD
President - "Contractor"
ATTEST:
Secretary
Date