HomeMy WebLinkAbout05/05/92~'-'.~I"T Y O F ' ' 4~';~;' '~'
CALIFORNIA
DEPARTMENT OF WATER AND SANITATION
/.
PAUL DOW, Manager
GENE BOGART, Director of Water Resources
FLORN CORE, Assistant Director of Water Resources
MIKE SIDES, Sanitation Superintendent
MEETING NOTICE
WATER BOARD - CITY OF BAKERSFIELD
TUESDAY, MAY 5, 1992
WATER RESOURCES CONFERENCE ROOM
1000 BUENA VISTA ROAD
5:15 P.M.
AGE'NDA
Call meeting to order.
Roll Call - Board members: Salvaggio, Chairman; Peterson, Brunni
1) Approve minutes of November 7, 1991 meeting.
2) Scheduled Public Statements: Tom Clark and Bill Balch regarding
update on ID4 separation and KCWA purchase of Tenneco (McClung
Ranch) lands for groundwater recharge.
3) Closed Session pursuant to Government Code Section 54956.9(b)(1)
regarding potential litigation.
4) Agreement to construct an interconnection with California Water
Service at Hageman and Coffee Road. FOR BOARD DISCUSSION AND
RECOMMENDATION TO CITY COUNCIL.
5) Proposed License Agreement with California Water Service Company
for installation of overflow and drain pipe on Beardsley Canal
Lateral 1-1-0 ("1" Ditch). FOR BOARD DISCUSSION AND RF~OMMENDATION
TO CITY COUNCIL.
1000 BUENA VISTA ROAD · BAKERSFIELD CALIFORNIA 93311 · (805) 326-3715
AGENDA (Continued)
6) WATER SHORTAGE CONTINGENCY PLAN: Presentation of plan as required by
California State Assembly Bill No, 11. FOR BOARD DISCUSSION AND
ACTION.
7) SELECTION OF DOMESTIC WATER OPERATIONS AND MAINTENANCE CONTRACTOR:
Report from Evaluation Team on selection of Operations and Maintenance
contractor for City Domestic Water System. FORBOARD DISCUSSION AND
POSSIBLE ACTION.
8) 1992-93 Water Price Schedules for Agricultural and Domestic Water.
FOR BOARD REVIEW AND DISCUSSION.
9) Cawelo Water District letter regarding future operation and control
of the Cross Valley Canal. FOR BOARD DISCUSSION.
10) Dodd Investigations & Security, Inc. request for hourly rate increase.
FOR BOARD REVIEW ANDACTION.
'11) Request from Loren Hodge of the Water Association for contribution
to the 1992 Water Awareness Campaign. FOR BOARD DISCUSSION AND
ACTION.
12) STATEMENT of WATER POLICY. FOR BOARD DISCUSSION.
13) Mainline Extension Agreement reassignments. FOR BOARD INFORMATION.
14). Staff Comments.
15) Board Comments.
16) Adjournment.
WATER BOARD MEETING - CITY OF BAKERSFIELD
THURSDAY, NOVEMBER 7, 1991
5:15P.M.
The meeting was called to order'by Boardmember Salvaggio at
5:26p.m. in the Water Resources Conference Room.
Present: Salvaggio, Chairman; Peterson, Brunni (seated at 5:40p.m.)
The minutes of the Special Meeting held July 16, 1991 and August 21,
1991 were approved as presented by the Board.
Mr. Dow presented the City's "Statement of Water Policy." It was
suggested a few meetings ago by the City Attorney that a Water Policy be
written in order to protect the City's water resources. There were many
different policies that the City Water Board had adopted over the years~
this Water Policy would be combining those different policies into one.
It was recommended by Boardmember Salvaggio that this item be circulated
and discussed with other appropriate members of the community and brought
back before the Board at a later meeting.
The City Council referred to the Water Board a letter from the City
of Huntington Park requesting the City of Bakersfield support their resolution
opposing water company surcharges for reduced water consumption. This letter
was presented before the Board by Mr. Core with staff's recommendation that
City continue to support a rational method of dealing with water costs based
on supply/demands and the true cost of supplying a good quality, dependable
drinking water to its customers. A motion was made by Boardmember Peterson
to receive and file this letter and make an appropriate response. Motion
passed.
A request by Greg Bynum and Associates, Inc. to extend the Carrier
Canal Pipeline Agreement one year was brought before the Board by Mr. Bogart.
It was recommended by Mr. Bogart that this request be referred to City
Council for approval. Boardmember Peterson made a motion to this effect.
Motion passed.
An update on the ID4 water well #1 was presented before the Board by
Mr. Core for information. The status of well is that DBCP was found in
· the middle zone, ID4 is proposing to seal off the middle zone and produce
water from the upper and lower zones only, when this is accomplished they
will go through the CEQA process before the well is turned on again. Staff
will keep the Board apprised of this situation. A motion was made by
Boardmember Brunni that a letter be sent to KCWA requesting that they
notify the City when they begin the CEQA process on any of the wells in
ID4 and wells within the area of ID4. Motion passed.
Mr. George Nickel read a memo to the Board regarding his proposed
Water Plan, with reference to correspondence he previously sent to th~
City Water Division. Mr. Nickel is in the process of working with various
water districts in an effort to develop a viable Water Plan to the benefit
of all. It is the City's concern that any plan which encourages the
transport of water outside the boundaries of the San Joaquin Valley would
· be contrary to the City's established water policies and not in the best
interest of the City. It was the recommendation of staff that this plan
be discussed further with Mr. Nickel to explore its potential, but at the
same time not jeopardize the water supply to the City. A motion was made
by Boardmember Brunni to direct staff to work with Mr. Nickel in all
possibilities that might benefit the City within our water policy and keep
Board informed. Motion passed.
Mr. Core presented to the Board, for information only, the reassignment
of various Mainline Extension contracts in the amount of $197,404.43.
Mr. Dow wanted to remind the Board of the building dedication to be
held on December 5, 1991 from 12:00pm to 2:00pm. Boardmember Salvaggio
asked to see the renditions of the plaques and if staff had contacted
those individuals that should attend. Mr. Dow assured him that this was
being done.
Boardmember Brunni commented on how nice the building was, that it
was not opulent, but very professional, that she was favorably impressed
with its appearance and she thought it portrayed a good image for the
City.
At 6:16pm a motion to adjourn was made by Boardmember Peterson.
Motion passed.
Mark Salvaggio, Chairma~ ....
City of Bakersfield Water Board
Sharon Robison, Secretary
City of Bakersfield Water Board
2
WATER AGENCY
MEMORANDUM
TO: KCWA Board of Directors
Member Units
FROM: Thomas N. Cl~~al Manager
l'
DATE: May 5, 1992
SUBJECT: Progress Report on Tenneco West Inc. (TWI) Land Purchase
The purpose of this memorandum is to provide you our progress to date for the referenced
land purchase.
1. Escrow - After review and modifications by Paul Smith of Kronick's office and John
Stovall, I signed the escrow instructions on May 4, 1992. Mel Jans is expected to sign
today and the escrow opened with World Title effective May 5, 1992.
2. Title Insurance - World Title will issue a CLTA policy on the property. Under the
escrow, all title work must be complete by May 25, 1992. Paul Smith and John Stovall
are responsible for the title review. Bob Bellue's department is responsible for
reviewing all encumbrances that could affect ultimate use of the property (i.e. pipelines,
etc.). Because of his knowledge of the property, Gary Gerlick is assisting where
needed.
3. CEQA Review - On April 23, 1992 Agency staff complete a CEQA checklist and
recommended a negative declaration be adopted by the Agency Board on the proposed
land purchase. The Board authorized staff to provide notice of a public hearing to be
held on May 28, 1992 to consider the staff's recommendation. Notice of the hearing
was published in the Bakersfield Californian on April 25, 1992. It should be noted the
negative declaration is only for purchase of the property and continued use of the
property for farming purposes. Once a project is defined for the property, additional
CEQA will be required.
4. Threatened and Endangered Species - We are taking action on any possible T&E
issues at two distinct levels:
First, We have retained Dames and Moore to conduct a survey of the property to
determine if any T&E species or associated habitat is present on the property. Dames and
Moore started field work this week and will provide us a report no later than May 24, 1992.
Under the escrow, the Agency has unrestricted right until June 1, 1992 to withdraw from
the purchase. The Dames and Moore T&E survey is for the purpose of determining, during
the escrow period, if T&E species exist on the property and if so, to what extent it will
impact on the ultimate use of the property. In addition, these studies will be useful for
future CEQA.
Second, we have retained Beveridge and Diamond to advise us on actions the Agency
should take to protect the ultimate use of the property under the Federal and State
Endangered Species Acts. It is particularly important to get an opinion from Beveridge and
Diamond prior to the close of escrow when the property will pass from private to public
ownership. John Stovall is responsible for Beveridge and Diamond's work.
5. Site Review/Toxics - Dames and Moore is also conducting a survey and sampling of
soils on the property for the presence of toxics. This review will also be completed by
Mary 24, 1992.
6. Water Quality - Agency staff are sampling existing wells on the property and
performing Title 22 water quality tests. These tests will be complete in mid-May.
2
7. Farming Operations - George Meek of the McCarty Company has been retained during
the escrow period to evaluate tenant farming operations and associated farm programs.
bob Bellue's department is overseeing McCarty's work.
8. Financing - A number of financing alternatives are under investigation by Agency staff
and will be addressed in detail through a separate memorandum.
9. Engineering - To assist Member Units in determining their desire to back the financing
for purchase of the property, I have asked Jim Jenks and Rick Iger to refine their
engineering estimates of the cost of improvements for overdraft correction and banking
on the property. This work is underway and we hope to have results within the week.
10. Close of Escrow - The escrow is scheduled to close on June 15, 1992, but may e
extended to June 30, 1992 if conditions contained in the escrow warrant an extension.
The ten items I have enumerated above represent those work assignments that must be
complete to close escrow and mae the property purchase no later than June 30, 1992.
We must immediately begin organizing the next phase of the effort which is "project
development". This phase will be much more challenging than the property purchase phase. Most
important are the political and institutional aspects. Because of the location of the property and the nature
of the project, there must be agreements and/or consultation among numerous parties. I recommend we
immediately begin this process. Set forth below are the parties that presently come to mind:
Member Units - A project must be defined and agreed to among the participating Member
Units. Issues that must be addressed include, but are not limited to: priorities for spreading
and/or recovery of water, overdraft correction and banking based on type of water and water
year, losses, migration and impacts on adjacent districts.
City of Bakersfield - A number of items must be covered with the City. These include
development of the property in consideration of the City's operation of its 2,800 acres,
3
operation of the Ashe water system, use of the Kern River Canal, City planning of the Kern
River corridor and the City's position as a Kern River Interest.
Cross Valley Canal Participants - Given use of the CVC for both recharge and recovery
operations, agreements must be reached with the participants on use of the CVC.
Kern River Interests - Agreements must be reached with the Kern River Interests regarding
diversion and recharge of Kern River water on the property. This and other issues of
concern to both the Agency and the River Interests are to be considered in the proposed
"Kern River Assurance Agreement."
Department of Water Resources - Use of the property must be coordinated with local and
DWR use of DWR Kern Fan prope~ies.
xc: City of Bakersfield Water Board
CVC Participants
Kern River Interests
David N. Kennedy, DWR
w.a.
AGREEMENT NO.
DOMESTIC WATER SUPPLY AGREEMENT
THIS AGREEMENT, made and entered into this ~ day of ,, 1992,
by and between the CITY OF BAKERSFIELD (CITY), a municipal corporation and
CALIFORNIA WATER SERVICE COMPANY (COMPANY), a California public utility
water corporation.
RECITALS ,
WHEREAS, CITY and COMPANY are each engaged in the supply of domestic
water in and near the greater metropolitan Bakersfield area in contiguous service areas;
WHEREAS, CITY and COMPANY are serving domestic water to citizens within
the City of Bakersfield, more particularly near Coffee Road and Hageman Road;
WHEREAS, CITY and COMPANY each has its own water supply and under usual
and ordinary operating conditions neither party would have occasion to purvey water to one
another;
WHEREAS, in view of a possible emergency, disaster or regulatory statute and to
provide for more orderly development within the City of Bakersfield, CITY and
COMPANY deem it is a wise precaution to.arrange for an interconnection of the CITY
water system with COMPANY water system in order that water may be supplied by either
CITY or COMPANY 'to each other;
NOW, THEREFORE, INCORPORATING THE FOREGOING RECITALS
HEREIN, IT IS MUTUALLY AGREED as follows:
1. INTERCONNECTION. An intereonneetion will be made at or near the intersection
of Hageman and Coffee Roads. The interconnection shall generally consist of all piping,
valves, covered boxes, and associated appurtenances required to interconnect~the CITY
and COMPANY water systems.
2. PLANS AND SPECIFICATIONS. COMPANY will prepare and submit plans and
specifications for the design, construction and installation of the interconnection to CITY
for review and approval in advance of start of construction. The approved plans and
· specifications shall be on file in CITY and COMPANY's designated business offices as
specified herein.
3. WATER SUPPLY. In .the event COMPANY or CITY shall require supplemental
water for any period of time due to natural or man-made disaster, loss of water supply due
to power failure, mechanical malfunctions of pumping equipment and appurtenances,
sanding of wells, water main breaks, substandard water quality or other such sudden
emergency that may occur to imperil safe water delivery to citizens and residents of the City
of Bakersfield, CITY or COMPANY shall have the right to obtain water from one another
through aforementioned interconnection.
4. WATER ' QUALITY. Water delivered through ii~terconnection, from CITY or from
COMPANY shall be of potable water quality, and shall meet all applicable standards for
drinking water quality as set by Federal, State, or local water quality regulatory entities.
5. INTERIM SERVICE. COMPANY or CITY may be served from one another through
the interconnection, on a temporary basis, pending completion of works to service their
respective service areas, in which case the parties may receive this interim service for a
period not to exceed two (2) years.
6. WATER SERVICE AREA. COMPANY and CITY agree that any water taken
through interconnection shall not be used to expand service to areas not within the
respective existing franchised service areas of COMPANY and CITY. CITY and
COMPANY agree not to represent the existence of the interconnection as a water supply
to expand service area.
7. NOTIFICATION. COMPANY or CITY shall notify of the request to obtain water
two (2) hours prior to delivery of requested water supply. Notification shall include
estimate of flow rate and total quantity required.
8. LIMIT OF SERVICE. The obligation to supply water hereunder is limited to surplus
water above and beyond that required to service the needs of the supplying party's regular
customers and to a reasonable period of time to permit the party being supplied to effect
repairs or replacement to its own sources of water supply. The supplying party shall deliver
water to the extent that it is able in view of its own circumstances and demands at that time,
and under no circumstances will the supplying entity endanger the health and safety of its
own customers by diverting supplies to other areas. The supplying party's needs to its own
customers shall be solely determined by the supplying party.'
2
9. INSTALLATION OF INTERCONNECTION. COMPANY shah be responSible for
the construction and installation of the interconnection, as described hereunder. All costs
for right-of-way, permits, engineering, surveying, labor, materials, supplies and any
other costs associated in installation of CITY/COMPANY interconnection as described
herein, shall be borne by COMPANY.
10. OWNERSHIP AND ACCESS. CITY and COMPANY shah share equally in
ownership of interconnection facilities and each party shah at all times have access to
facilities. CITY and COMPANY agree to notify each other of any intent to modify flows,
read meters, or otherwise perform inspection of facilities.
11. MAINTENANCE AND REPAIR. CITY and COMPANY agree to share equally in
the costs of extraordinary maintenance, repairs or replacement of components of
interconnection facilities. Prior to commencement of any extraordinary maintenance,
repairs or replacement of any or aH parts of the intereonnection and appurtenances, CITY
or COMPANY shah provide written estimates of such work that may need to be performed
to maintain the interconnection in good operating condition. Written estimates or repair
orders are to be approved by both CITY and COMPANY and costs shared equally (50%
to each party).
12. WATER COSTS. To compensate the party supplying water to the other, the party
receiving water shall pay to the supplying party, for aH water delivered, the charges
established by computing the average of the CITY and COMPANY (Bakersfield District)
quantity rates, applicable at the time of water delivery. There is to be no monthly service,
stand-by or readiness-to-serve charges assessed between CITY and COMPANY. The
quantity charges shall be made only for the months in which water is actually delivered and
quantities and billings are to be determined and billed on a monthly basis. Payments are
due under regular rules and regulations concerning invoices and billings by CITY or
COMPANY.
This illustration is for example only and is to be used for computing average
quantity rate: ·
Rates applicable at time of execution of agreement
Current CITY quantity rate $0.409 per 100 cu. ft.
Current COMPANY quantity rate $0.511 per 100 cu. ft.
Total to be averaged $0.920
(Total/2)
Averaged quantity rate to charge $0.460 per 100 cu. ft.
13. TERMINATION OF AGREEMENT. The term of this agreement shall be for the
period commencing upon the. date that CITY executes this agreement and continuing
thereafter until either party gives written notice of its intention to terminate. Such
termination notice shall be given ninety (90) days prior to the date either party intends to
terminate this agreement. In the event of termination, COMPANY agrees to pay any costs
reaso/lably borne by cITY in removing or causing to excavate, remove or render
inoperative the interconnection and restore affected area to original condition.
14. PUBLIC UTILITIES CODE. This agreement is entered into in accordance with
COMPANY requirements under the California Public Utilities Commission and any and
all rules and regulations as may apply to COMPANY. CITY is not under the jurisdiction
of California Public Utilities Commission and entering into this agreement does not
construe CITY as recognizing authority or control by said Commission.
15. NON-EXCLUSIVE AGREEMENT. CITY and cOMPANY agree that the rights to
water supply and service through interconnection are non-exclusive and in no way dedicates
either water supply to sole delivery, and use to the other. CITY and COMPANY reserve
the right to enter into other agreements concerning the interconnection and delivery of
water supplies. Nothing herein shall be deemed to constitute a dedi¢ation of the water
supply to either party to provide water to the service area of the other party or constitute
a permanent commitment to supply water to the other party.
16. DISRUPTION OF SERVICE. Should CITY or COMPANY operations in any way
interfere with each others operations, the interconnection shall be closed or rendered
inoperable for such period of time necessary to cease interference or disruption of normal
operations by the offending party.
17. INDEMNIFICATION. CITY and COMPANY shall be equally responsible for the
operation and maintenance of the interconnection. Neither party shall be liable to the other
for any loss, damage, liability, claim or cause of action for damage to or destruction of
property or for injury to or death of persons arising solely from any act or omission of the
other party's officers, agents and employees. Should any claim or lawsuit arise due to
neglect of COMPANY or CITY, COMPANY or CITY agree to indemnify and hold each
other harmless from any and all claims, demands liabilities, losses or causes of action
which arise by virtue of its own acts or omissions, directly or through its officers, agents,
and employees to SUch extent and in such part as the respective parties are found by reason
of law to have proximately caused the injury or damage. The party against whom any claim
arising from any subject matter of this agreement is filed shall give prompt notice of such
filing of the claim to the other party.
18. DEFAULT. Should CITY or COMPANY default in the performance of any covenant,
or condition of the agreement contained herein, and the' default is not cured within thirty
(30) days after written notice of said default is served upon the offending party, then this
agreement will automatically terminate; progided, however, if the nature of the breach
reasonably required more than thirty (30) days to cure, this agreement shall not terminate
if CITY or COMPANY commences to cure the breach within thirty (30) days thereafter and
diligently pursues the cure to completion.
19. WAIVER OF DEFAULT. The failure of either party to this agreement to enforce
against another, a provision of the 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.
20. FORUM. Any lawsuit pertaining to any matter arising hereunder or growing out of
this agreement shall be instituted in Kern County, California.
21. NOTICES. All notices relative to this agreement shall be given in writing and shall
be sent by Certified or registered mail and be effective upon depositing in the United States
mail. The parties shall be addressed as follows, or at any other address designated by
notice:
CITY: CITY OF BAKERSFIELD
City Hall
1501 Truxtun.Ave.
Bakersfield, CA 93301
COMPANY: CALIFORNIA wATER SERVICE COMPANY
?. O. Box 1150
San Jose, CA 95108
22. ASSIGNMENT. This agreement shall not be assigned by any party, or any party
substituted, without prior written consent of CITY and COMPANY.
23. BINDING EFFECT. The fights and obligations of this agreement shall inure to the
benefit of, and be binding upon, the parties to this agreement and their heirs,
administrators, executors, personal representatives, successors and assigns.
24. MERGER AND MODIFICATION. This contract sets forth the entire agreement
between the parties and supersedes all other-oral or written representations. This
agreement may be modified only in a writing approved by the City Council and signed by
all the parties.
5
25. CORPORATE AUTHORITY. Each individual executing this agreement represents
and warrants that they are duly authorized to execute and deliver this agreement on behaff
of. the corporation or organization named herein and that this agreement is binding upon
said corporation or organization in accordance with its terms.
26. COMPLIANCE WITH ALL LAWS. COMPANY shall, at COMPANY's sole cost,
comply with all of the requirements of Municipal, State, and Federal authorities now in
force, or which may hereafter be in force, pertaining to this agreement, and shall faithfully
observe in all activities relating to or growing out of this agreement all Municipal ordinances
and State and Federal statues, rules or regulations nOw in force or which may hereafter be
in force.
27. INDEPENDENT CONTRACTOR. COMPANY shah not become or be deemed a
partner or joint venturer with CITY or associate in any relationship with COMPANY by
reason of the provisions of this agreement other than specified herein. COMPANY shall
not, for any purpose, be considered an agent, officer or employee of CITY in regard to
this agreement.
28. EXECUTION. This agreement is effective upon full execution. It is the product of
negotiation and therefore shah not be construed against any party.
29. INTEREST. The parties shah pay each other interest at an annual rate of ten percent
(10%) compounded quarterly on aH expenses or costs reasonably incurred by CITY or
COMPANY in the enforcement of the indemnity provisions of this agreement, and of any
sums CITY or COMPANY may pay as a result of claims, demands, cost or judgments with
respect to the subject matter of this agreement, from the date such sums are actually paid.
30. PRE-JUDGMENT INTEREST. In the event of a default by any party to this
agreement, the non-defaulting party shall be allowed to recover interest on aH damages at
the legal rate from the date of the breach.
31. SURVIVAL oF REPRESENTATIONS. All representations, warranties and
covenants of CITY and COMPANY as set forth herein shah survive the termination of this
agreement.
32. POSSESSORY INTEREST TAXES. COMPANY's interest hereunder may be subject
to property taxation and COMPANY, as a party in whom a possessing interest is vested,
may be subject to the payment of property taxes levied on such interest, and shah pay aH
such possessory interest taxes.'
6
33., RECORDS. COMPANY;s records concerning maintenance, rePlacement and repair
of interconnect facilities shall be available for CITY'S review during normal business hours
and shall be made available to CITY'S representatives upon 24 hours written notice.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed, the day and year first-above written.
"CITY"
CITY OF BAKERSFIELD
By
CLARENCE E. MEDDERS
Approved as to form: Mayor
ALAN D. DANIEL
Assistant City Attorney
COUNTERSIGNED:
By
GREGORY KLIMKO
Finance Director
"COMPANY"
CALIFORNIA WATER SERVICE CO.
Title
Title
7
w.a.
AGREEMENT NO.
LICENSE AGREEMENT - BEARDSLEY CANAL LATERAL 1-1-0
THIS AGREEMENT is made and entered into this __ day of ,
1992, by and between the Kern River Canal and Irrigating Company, that is owned in full
by the City of Bakersfield, a municipal corporation, (LICENSOR) and California Water
Service Company, a California.public utility water corporation (LICENSEE).
RECITALS
WHEREAS, LICENSOR has heretofore acquired real Property in Kern County
as the right-of-way for the Beardsley Canal Lateral 1-1-0 and is the owner and operator of
the canal now existing as an open ditch and said canal traverses across certain real property
owned by LICENSEE and others;
WHEREAS, LICENSEE desires to construct and install a drain and overflow pipe
from LICENSEE's potable water storage tank to discharge into said canal;
WHEREAS, LICENSOR is willing to allow LICENSEE to construct and install
pipe and erosion control apron upon and into said canal in accordance with plans approved
by LICENSOR;
NOW, THEREFORE, INCORPORATING THE FOREGOING RECITALS
HEREIN, IT IS MUTUALLY AGREED as follows:
1. PERMISSION TO ENCROACH. LICENSOR gives its permission to LICENSEE to
enter Beardsley Canal Lateral 1-1-0 right-of-way and easement, approximately 700 feet west
of Fruitvale Ave., to construct, install, maintain, repair and remove one 12" diameter
overflow and drain pipe, with concrete erosion control apron. The pipe is to provide
incidental storm drainage and emergency overflow discharge capabilities from a potable
water storage tank, owned by LICENSEE and located on LICENSEE's fee property
adjacent to said canal.
2. AGREEMENT FEES. As consideration for administrative costs to prepare and
execute this License Agreement, LICENSEE agress to pay $500.00 to LICENSOR upon
execution of this Agreement by LICENSOR.
3. PLANS AND SPECIFICATIONS. LICENSEE will submit plans and specifications
for overflow and drain pipe with concrete erosion control apron to LICENSOR for approval
in advance of construction and installation. The approved plans and specifications shall be
on file in LICENSOR's and LICENSEE's designated business offices as specified herein.
4. LICENSOR'S RIGHT TO REQUIRE RELOCATION. Nothing herein shall be
construed to grant LICENSEE any permanent fights whatsoever in or on the premises. At
any time, LICENSOR may require LICENSEE, upon ninety (90) days written notice, to
relocate the overflow and drainage pipe in accordance with .the engineering requirements
or plans which may be, from time to time, adopted by LICENSOR. Any relocation of the
pipe and concrete apron shall be at the sole cost and expense of LICENSEE.
5. TERMINATION OF LICENSE. The term of this Agreement shall be for the period
commencing, upon the date that City executes this License Agreement and continuing
thereafter until either party gives written notice' of its intention to terminate. Such notice
shall be given ninety (90) days prior to the date either party intends to terminate this
Agreement. In the event of termination LICENSEE agrees to pay any costs incurred by
LICENSOR in having to quiet tire due to any acts, or failures to act, 'of LICENSEE,
including, but not limited to, reasonable attorney's fees, and LICENSEE agrees to pay
all costs incurred by LICENSOR in removing the pipe and concrete apron which is the
subject of this Agreement
6. RESTORATION OF PREMISES. Upon termination of this license, LICENSEE shall
remove, at its own risk and expense, the pipe and concrete apron and any other property
placed by or for LICENSEE upon the premises and LICENSEE shall restore said premises
to a contour and condition satisfactory to LICENSOR. Should LICENSEE fail to so
restore the premises within ninety (90) days after termination of the license, LICENSOR
may do so at the sole risk of LICENSEE, and all costs and expenses of such removal and
restoration shall be paid by LICENSEE upon demand.
7. QUITCLAIM. Upon termination of this license, LICENSEE shall execute and deliver
to LICENSOR a Quitclaim Deed, within ninety (90) days after the service Of a written
notice of an intention to terminate by either party. Should LICENSEE fail or refuse to
execute and deliver to the LICENSOR a Quitclaim Deed as required hereUnder, a written
notice by LICENSOR reciting the failure or refusal of LICENSEE to do the same shall be,
ten (10) days from the date of recording said notice, conclusive evidence against LICENSEE
that this license has terminated and LICENSEE has surrendered all rights under this
License Agreement.
8. NON-EXCLUSIVE LICENSE. The LICENSEE's rights under this license are, and
shall be, non-exclusive, and LICENSOR reserves the right to enter into agreements with
other parties for the use of the premises provided there is no unreasonable interference with
LICENSEE's rights hereunder.
2
9. DISRUPTION OF OPERATION. Should LICENSEE's operations in any way
interfere with LICENSOR's operations, LICENSEE shall alter, relocate, or, if necessary,
discontinue use of the pipe and concrete apron at its sole expense as directed by either the
City Manager or the City Engineer. LICENSEE shall not use the premises, or any part
thereof, or permit it to be used for any purpose or purposes other than the purpose herein
specified. LICENSEE shall not do or permit to be done upon the premises any act or thing
which constitutes a nuisance or which may disturb the quiet enjoyment of LICENSOR on
LICENSOR's property. LICENSEE agrees that LICENSEE's personnel, while on the
premises, shall comply with all operations and procedure instructions issued by the
LICENSOR. LICENSEE shall, within seventy-two (72) hours of receiving written notice
by LICENSOR that LICENSEE's operation is interfering as described above or creating a
nuisance, abate or otherwise cause such interference or nuisance to be cured within ten (10)
days.
10. ACCEPTANCE OF PREMISES. LICENSEE has inspected the premises and accepts
premises in its present condition. LICENSEE shall maintain the premises in a good, clean,
sanitary and safe condition.
11. ACCESS. LICENSOR shall have the reasonable right-of-way over property owned by
LICENSEE for ingress and egress or maintenance and operation of the Beardsley Canal
Lateral 1-1-0.
12. DAMAGES OR REPAIRS. If any of LICENSOR's Beardsley Canal Lateral 1-1-0
facilities are damaged, and if said damage is proximately caused by or attributable to the
LICENSEE's pipe or discharges from pipe or the construction, removal, maintenance or
replacement of same, LICENSEE shall reimburse LICENSOR for any and all costs and
expenses reasonably necessary which are incurred by LICENSOR in replacing or repairing
said facilities. LICENSEE shall also reimburse LICENSOR for any and all other costs and
expenses incurred, or revenues foregone, by LICENSOR due to loss of use of said canal
because of such damages.
Should it become necessary for LICENSOR to replace, repair, or modify any of the
Beardsley Canal Lateral 1-1-0 facilities for causes not proximately attributable'to
LICENSEE's pipe or discharge from pipe, LICENSOR shall assume and bear all costs and
expenses it would have incurred if the pipe o.r discharge from pipe had not been located
across LICENSOR's property; LICENSEE shall bear and reimburse LICENSOR for all
additional costs and expenses directly or indirectly attributable to the presence of the pipe
upon LICENSOR's property.
13. DAMAGES TO WATER SUPPLIES. Should any of the water supplies transported
in the Beardsley Canal Lateral 1-1-0, or any of the related facilities, ~ be damaged by
LICENSEE's pipe or discharge from pipe, or the construction, removal, maintenance,
or replacement of same, LICENSEE shall reimburse LICENSOR for any and all costs and
expenses reasonable or necessarily incurred by LICENSOR in replacing, decontaminating,
3
and disposing of the damaged water supply, and in the cleaning up, repairing, and
replacing any damage to the facilities. LICENSEE shall also reimburse LICENSOR for any
and all additional cost and expenses incurred, or revenues foregone, by LICENSOR due
to the loss of use of said canal because of, or in any way attributable to, such damages.
14. INDEMNIFICATION. LICENSEE shall be solely responsible for taking all
precautions to avoid injury or death to persons and damage to property which may result
from LICENSEE's use of the .premises, in their present condition or as they may be
subsequently modified.
LICENSEE shall indemnify, defend, and hold harmless CITY, its officers, agents and
employees against any and all liability, claims, actions, causes of action or demands
whatsoever against them, or any of them, for injury to or death of persons or damage to
property arising out of, connected with, or caused by LICENSEE, LICENSEE's
employees, performance of or in any way arising from the terms and provisions of the
agreement, whether or not caused by a party indemnified hereunder.
15. DEFAULT. Should LIcENsEE default in the performance of any covenant, or
condition of the agreement contained herein, and the default is not cured within thirty (30)
days after written notice of said default is served upon LICENSEE, then this License will
automatically terminate; provided, however, if the nature of the breach reasonably required
more than thirty (30) days to cure, this License shall not terminate ff LICENSEE
commences to cure the breach within thirty (30) days thereafter and diligently pursues the
cure to completion.
16. WAIVER OF DEFAULT. The failure of any party to enforce against another a
provision of this License 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 License.
17. FORUM. Any .lawsuit pertaining to any matter arising under, or growing out of, this
license shall be instituted in Kern County, California.
18. NOTICES. Ail notices relative to this License shall be given in writing and shall be
sent by Certified or registered mail and be effective upon depositing in the United States
mail. The parties shall be addressed as follows, or at any other address designated by
notice:
LICENSOR: CITY OF BAKERSFIELD
City Hall
1501 Trnxtun Avenue
Bakersfield, California 93301
4
LICENSEE: California water Service Company
P. O. Box 1150
San Jose, CA 95108
19. ASSIGNMENT. This license shall not be assigned by any party, or ~any party
substituted, without prior written consent of all the parties.
20. BINDING EFFECT. The rights and obligations of this license 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.
21. MERGER AND MODIFICATION. This contract sets forth the entire License
Agreement between the parties and supersedes all other oral or written representations.
This License may be modified only in a writing approved by the City Council and signed by
all the parties.
22. CORPORATE AUTHORITY. Each individual executing this License represents and
warrants that they are duly authorized to execute and deliver this License on behaff of the
corporation or organization named herein and that this License is binding upon said
corporation or organization in accordance with its terms.
23. COMPLIANCE WITH ALL LAWS. LICENSEE shall, at LICENSEE's sole cost,
comply with all of the requirements of Municipal, State, and Federal authorities now in
force, or which may hereafter be in force, pertaining to this License, and shall faithfully
observe in all activities relating to or growing out of this License all Municipal ordinances
and State and Federal statues, rules or regulations now in force or which may hereafter be
in force.
LICENSEE guarantees that in event of a discharge from overflow and drain pipe
into said canal, that the discharge will be water of a non-hazardous type and will meet
existing and future water quality standards that may be in force concerning this discharge
water. LICENSEE shall be responsible for any and all permits, licenses, and written
permissions required for the 'discharge of water into open water ways of the United States
and shall conform to any applicable laws of Federal, State or Municipal origin concerning
the discharge into said canal.
24. INDEPENDENT CONTRACTOR. LICENSOR shall not become or be deemed a
partner or Joint venturer with LICENSEE or associate in any relationship with LICENSEE
by reason of the provisions'of this License Agreement other than LICENSOR and
LICENSEE. LICENSEE shall not, for any purpose, be considered an agent, officer or
employee of LICENSOR.
5
25. EXECUTION. This License is effective upon execution. It is the product of
negotiation and therefore shall not be construed against any party.
26. PERFORMANCE BOND. LICENSEE shall provide a performance bond written in
favor of the LICENSOR and held by LICENSOR, to be used during construction for
completion and/or removal of pipe and concrete apron.
27. INTEREST. LICENSEE shall pay LICENSOR inter~st at an annual rate of ten
Percent (10%) compounded quarterly on all expenses or costs reasonably incurred by
LICENSOR in the enforcement of the indemnity provisions of this License, and of any
sums LICENSOR may pay as a result of claims, demands, cost or judgments with respect
to the subject matter of this License, from the date such sums are actually paid.
28. PRE-JUDGMENT INTEREST. In the event of a default by any party to this License
Agreement, the non-defaulting party shah be allowed to recover interest on aH damages
at the legal rate from the date of the breach.
29. SURVIVAL OF REPRESENTATIONS. All representations, warranties and
covenants of LICENSEE set forth herein shall survive the termination of this License
Agreement.
30. POSSESSORY INTEREST TAXES. LICENSEE's interest hereunder may be subject
to property taxation and LICENSEE, as a party in whom a possessing, interest is vested,
may be subject to the payment of property taxes levied on such interest, and shall pay aH
such possessory interest taxes.
31. HAZARDOUS MATERIALS. LICENSOR is Licensing the premises to LICENSEE
AS IS. LICENSOR has no knowledge of any hazardous materials located on premises.
Should LICENSEE, 'or LICENSEE's agents, officers, employees, contractors or
subcontractors, be responsible, directly or indirectly, for the deposit in, over, under or
about the premises or LICENSOR's easement or right-of-way of Beardsley Canal Lateral
1-1-0, any hazardous materials, LICENSEE shall immediately (within ten (10) days notice
actual or written) take steps to remediate, remove, and thoroughly clean up all such
hazardous materials. Failure to take such action shah allow LICENSOR to take steps
necessary for the cleanup and charge all costs associated therewith, including, but not
limited to, reasonable attorney's fees and investigation costs, to LICENSEE.
6
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed, the day and year first-above written.
"LICENSOR"
CITY OF BAKERSFIELD
By
CLARENCE E. MEDDERS
Approved as to form: Mayor
ALAN D. DANIEL
Assistant' City Attorney
COUNTERSIGNED:
GREGORY KLIMKO
Finance Director
"LICENSEE"
CALIFORNIA WATER SERVICE CO.
Title
Title
7
WATER SHORTAGE CONTINGENCY PLAN
CITY of BAKERSFIELD, CAUFORNIA
DOMESTIC WATER SYSTEM
PREPARED BY
CITY of BAKERSFIELD
DEPARTMENT of WATER and SANITATION
DOMESTIC WATER DIVISION
JANUARY, 1992
WATER SHORTAGE CONTINGENCY PLAN
CITY of BAKERSFIELD, CAUFORNIA
DOMESTIC WATER SYSTEM
IN RESPONSE TO
ASSEMBLY BILL NO. 11
AMENDMENT TO WATER CODE SECTION 10620 ET SEQ.
CITY OF BAKERSFIELD WATER BOARD NO. 92 - 01
PRESENTED at the JOINT PUBUC HEARING, JANUARY 13, 1992
by CALIFORNIA STATE OFFICE of ADMINISTRATIVE HEARINGS
3200 RIO MIRADA DRIVE, BAKERSFIELD, CAUFORNIA
PREPARED BY
CITY of BAKERSFIELD
DEPARTMENT of WATER and SANITATION
DOMESTIC WATER DIVISION
· JANUARY, 1992
TABLE OF CONTENT8
GENERAL INFORMATION ................... ' ................................ Page 1
SECTION 1. COORDINATED PLANNING ...................................... Page 2
LOCal coordination .... . ............................................... Page 2
In-house coordination ................................................ Page 2
Local surface water .................................................. Page 2
Local groundwater basin ........... ' ..................................... Page 2
Public meetings ..................................................... Page 2
SECTION 2. PAST, PRESENT AND PROJECTED WATER USE ................ ' ...... Page 3
Past water use ...................................................... Page $
TABLE NO. 1 - Water use .............................................. Page $
Present water use .......................................... .... ....... Page 4
TABLE NO. 2 - Past, present & projected water use .......................... Page 4
GRAPH NO. I - Average residential water consumption . '.. ................ ... Page 4a
SECTION $. WORST CASE WATER SUPPLY AVAILABIUTY FoR '12, 24 & 36 MONTHS Page 5
Groundwater ....................................................... Page 5
Future surface water ...................... ........................... Page 5
Recycled water ..................................................... Page 5
Water quality and emergency supplies ................................ '..... Page 6
SECTION 4. STAGES OF ACTION ............................................ Page 6
Potentials for deficiences .............................................. Page 6 ~
GRAPH NO. 2 - Water table depths, static & pumping ....................... Page 6a
Water use reduction goals - Page 7
TABLE NO. 3 - Stages & reduction goals .................................. . Page 7
Priorities ........................................................... Page 7
Health and safety .................................................... Page 7
Commemial, industrial &govemment .................................. ;.. Page 7
TABLE NO. 4 - Water supply allocated by priority ............................ Page 8
Supply shortage triggering levels ........................................ Page 8
TABLE NO. 5 - Water supply triggering levels ............................... Page 9
SECTION 5. MANDATORY PROHIBITIONS ON WATER USE ....................... Page 9
Metering .......................................................... Page 9
Water of water notices ................................................ Page 9
Municipal ordinances ................................................ Page 10
Building codes ................................................. · .... Page 10
Mainline extension contracts .......................................... Page. 10
City water main specification .......................................... Page 10
Public information/awareness programs .................................. Page 10
Water wastage patrol ................................................ Page 11
City internal water conservation measures ........ ~ .................... ~... 'Page 11
SECTION 6. CONSUMPTION EMITS ........................................ Page 11
SECTION 7. PENALTIES OR CHARGES FOR EXCESSIVE USE .... - ................ Page 12
TABLE NO. 6 - City of Bakersfield schedule of rotes ......................... Page 12
SECTION 8. ANALYSIS OF REVENUE AND EXPENDITURE IMPACTS ............... Page 12
TABLE NO. 7 - Revenues/expenses by projected stage reduction ............... Page 13
Establish a contingency fund .......................................... Page 13
SECTION 9. IMPLEMENTATION OFTHE PLAN ................................ Page 14
Sample resolution .................................................... Page 14
SECTION 11. PLAN ADOPTION STANDARDS ................................... Page 14
APPENDIX I. NOTICE OF PUBEC HEARING ............................ following Page 15
ii
WATER SHORTAGE CONTINGENCY PLAN
CITY OF BAKERSFIELD, CALIFORNIA, DOMESTIC WATER SYSTEM
IN RESPONSE TO ASSEMBLY BILL NO. 11
DIVISION OF WATER CODE 10620 ET SEQ.
GENERAL INFORMATION
Bakersfield is the county seat, and the principal metropolitan city, of Kern County. Located near
the geographical center of the county, it is 110 miles north of Los Angeles, 271 miles south of
Sacramento, the state capital, 286 miles south of San Francisco, 282 miles west of Las Vegas, and about
140 miles from the Pacific Coast.
The climate of Bakersfield includes cloudless, warm and dry summers with mild and semi-arid
winters. 90% of all precipitation falls from October through April with the average annual precipitation
being less than 6', classifying the area as a desert. The Kern River is the only local usable source of water
for the Bakersfield area and is fully used in supplying water for drinking, irrigation and groundwater
replenishment.
Bakersfield is a fast-growing city. Current 1990 population figures place the population at over
184,000 with metropolitan Bakersfield at 330,000 and the.population of the county at 527,000.
The City of Bakersfield Domestic Water System is a municipally-owned system, acquired by the
City of Bakersfield on December 22, 1976. The City operates under the council-manager form of
government, with the Water Board of the City of Bakersfield recommending, administering and
implementing domestic water policies set by the City Council.
The Domestic Water System serves domestic, commercial and industrial customers in and
adjacent to the westerly portion of the City of Bakersfield. The original system was established in the early
· 1960's under California P. U. C. jurisdiction, and grew steadily from about 300 customers in mid-1963 to
1,000 customers in mid-1969 and to about 3,300 customers at the beginning of 1977, at which time the
City assumed ownership. The system presently has over 16,000 service connections representing a
population of approximately 52,000.
The City currently contracts (under agreement) to perform normal, daily operations and
maintenance, meter reading and billings with an investor-owned public utility who also furnishes public
utility water service throughout the State of California, including service to customers in the Bakersfield
area. The contractor acts as agent for the City and is under the supervision of the City.
The Domestic Water System is operated under enterprise budgeting, thus the water service rates
must be adequate to operate the system without the use of general tax revenues or other tax supports.
City Hall: J. Dale Hawley, City. Manager
City Hall, City of Bakersfield
1501 Truxtun Avenue
Bakersfield, CA 93301
Water Board: Councilmember Mark Salvaggio, Chair
Councilmember Conni Brunni
Councilmember Ken Peterson.
City of Bakersfield Water Board
1000 Buena V'=ta Road
Bakersfield, CA 93311
Water and Sanitation Dept.: Paul Dow, Manager
City of Bakersfield
Water Resources Building
1000 Buena Vista Road
Bakersfield, CA 93311
Page
Section I Coordinated Planning
Local Coordination
The City of Bakersfield Domestic Water System water supply is shared from a common groundwater
aquifer source with all other urban and a limited amount with agricultural interests in the Greater
Bakersfield area. Although each water purveyor has their own groundwater well network or supplemental
surface water supply connections, there are inter-connections between systems in-place.
The City of Bakersfield has agreements with the two water systems that are adjacent to the City system
for the purpose of emergency inter-connections. The metered inter-connections are strategically placed
to allow for maximum liexibility in directing water flows into the areas of need. One water purveyor relies
solely on groundwater for its supplies and the other has access to supplemental surface supplies. This
gives the greatest operational network of emergency water supplies.
In-House Coordination
The existing City System has a mix of electrically powered groundwater pumps, back-up generators that
operate on diesel or natural gas, and natural gas pumps. In addition, storage tank sites have diesel or
natural gas/propane powered distribution pumps in place. The alternate energy provides excellent back-
up water supplies from storage during emergency conditions.
Plans have been prepared and filed with the California Department of Health Services and the local Kern
County Health Department for a "Customer Notification of Water QuaLity Deficiency' that could be used
as a water supply deficiency notification procedure. This would apply only if there is an emergency supply
deficiency.
Local Surface Water
The City Water System does not receive direct surface water supplies, except through emergency back-up
connections as discussed earlier.
Local Groundwater Basin
The local groundwater aquifer under the City service area is large and extends beyond the boundaries
of present and planned future expanded servica areas. This aquifer is multilayered and responds readily
to replenishment through percolation operations. Waters from the Kern River and other supplemental,
imported water is used in recharge programs.
Public Meetings
Past public meetings of the City of Bakersfield Water Board have been held on occasion to discuss
potential shortages and have been addressed in the report 'Urban Water Management Plan Review"
(December, 1990).
Page 2
Present and ProJecte l Water Use
derives 100% of its water supply from groundwater wells located throughout the
are 30 wells in production with three more planned by Fall, 1992. Records
have been compiled and maintained by the City since 1977.
therefore, complete and accurate records of water use are available from
control of the water service.
TABLE No. 1
WATER USE - CITY OF BAKERSFIELD
DOMESTIC WATER SYSTEM
1977 5,591
1978 5,076
1979 6,141
1980 6,835
1981 7,805
1982 8,177
1983 10,1.4.7
1984 12,527
1985 ' 13,810
1986 14,659
1987 14,766
1988 16,009
1959 17,620
1990 18,822
1991 17,523
Page 3
Present Water Use
Graph No. 1 depicts the average consumption of water per residential customer per month for the
previous six years. The graph shows a typical pattem for our climate, Iow winter and higher summer use.
Although inconclusive, the previous four year summertime monthly use shows a small, but steady decline.
The winter uses are inconsistent, but the drought period has contributed to higher winter uses, due in part
to needed landscape irrigation to compensate for the lack of winter moisture. The peak individual usage
year on the City water system was 1986, which also was a high runoff year on most watersheds in
CalKomia, including the Kern River. City records also indicate that water consumption in calendar year
1991 was approximately 16% !ess than in 1984.
Records of metered deliveries to all customers in 1991 show the following percentage of use by category
of consumer:.
TABLE No. 2
PAST, PRESENT AND PROJECTED WATER USE
PERCENTAGE BY CATEGORY
YEAR 1989 1990 1991 * 1992 * 1993 * 1994 *
Residential 67.67~ 68.78% 69.01% 69% 70% 70%
Business/Commercial 17.53% 19.46% 1.9.91% 19% 18% 18%
Industrial 3.00% 5.17% 3.13% 3% 2.5% 2.5%
Public Authorities 7.66% 1.99% 4.47% 4% 5% 5%
Temporary Service (Construction) 1.58% 5.56% 2.33% 3% 2.5% 2.5%
Unaccountable 2.57% 1.04% 1.15% 2% '2% 2%
*Projected
Projected water use pattems are anticipated to show an increase in total consumption of water 'in all
categories of service, however, no increase is projected for amount consumed per customer, in fact, as
discussed earlier, the average water use per residential customer has steadily declined over the last four
years.
'The projected increase in demand or the use of water through 1994 will be met by groundwater
withdrawals through deep well pumping. The City is constructing pipelines, water wells and storage
reservoirs to deliver stored groundwater to its service area from a developed groundwater spreading and
retrieval program called the '2800 Acres'.
Page 4
CITY of BAKERSFIELD
AVERAGE RESIDENTIAL WATER CONSUMPTION
4O
35
3O
25
· O,. 20
!0
5
0
JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC
MONTH ~
0
· Section 3 Worst Case water Supply Availability for 12, 24 & 36 Months
Groundwater
The city derives its delivered water supply solely from groundwater. The water is pumped and delivered
without need for chlorination or other treatments and the quality is excellent. The local aquifer yields are
good and can be readily recharged by percolation in the Kem River channel and other sites.
The existing well field within the City. service area Can provide all water needed for the next thirty-six
months. Any shortages that may arise from a cut-off or reduction from surface supplies would not effect
groundwater production during the thirty-six month period. Longer range projections for shortfalls in
groundwater supplies would require the addition of wells or minor modifications to existing pumping
plants.
In addition to the existing well field within its service area, the City owns and operates a groundwater
recharge facility known as the '2800 Acres'. Excess Kern River and other waters have been introduced
and allowed to percolate into the underground and stored for later extraction and use. This program has
on balance over 200,000 acre-feet of water available for extraction and use by the City.
The Kern county Water Agency has implemented programs to bring imported California Aqueduct water
to the urban Bakersfield area which benefits all groundwater pumpers. The project is based on a
fundamental concept of operation in which imported water is introduced annually in the underground
aquifers for groundwater replenishment and in addition, a portion is treated and distributed in-lieu of
pumping groundwater. This program is paid for through ad valorem taxes and a tax levied on all
groundwater pumped and used in the urban Bakersfield area. The City's well field and service area lie
within the benefitted urban area.
· There are no restrictions, physical or legally, on the pumping of groundwater in'the basin or aquifer that
underlies the City service area. However, the impacts of groundwater drafting by others within the City
service area are of concem. Recognition of the overlying landowners' rights to pump and use
groundwater have been upheld by agreement among the agencies, districts and water purveyors in the
urban Bakersfield area.
Future Surface Water
The City owns' Kern River water and reservoir storage rights and presently has contractual commitments
for this water. However, at the end of the contract periods, the City has an option on the use of this water.
Present City policy is, at the end of the contract periods, that disposition of the water will be to the benefit
of the citizens of the City of Bakersfield and its water service customers. This supply will be in addition
to the present groundwater supply under the City service area and the '2800 Acres' project water.
Recycled Water
Wastewater reclamation for domestic uses is not cost effective for the City. The City currently operates
two wastewater treatment facilities, that provide secondary treatment of wastewater, and the wastewater
is then used for direct irrigation of farm crops. The removal of the wastewater source from the farmland
to which it is delivered would then force the use of groundwater wells to meet the irrigation demands.
Page 5
Water Quality and Emergency Supplies
The groundwater supply is of excellent quality for drinking water purposes. No wide-spread problems
have arisen from industrial or agricultural contamination. Supply shortages due to sudden natural
disasters or accidents would pose immediate problems, in particular a massive earthquake that might
knock wells out of production. Those affected wells could be back to full. operation within a week. A
limited surface storage supply could deliver enough water for emergency drinking purposes.
Emergencies involving water quantity or quality can be remedied by direct exchange or transfer of City
water system production with other water system operators. This can and has been done on several
occasions through metered inter-connections between adjacent water purveyors. However, on an
expanded plan, the water service companies and districts derive their sources of water from the same
groundwater aquifers, therefore, no 'new' water is created.
Section 4 Stages of Action
Potential for Deficiencies ,
The City Domestic Water System has not experienced any previous supply deficiency. The system relies ·
on local groundwater supplies, produced from 30 walls, to maintain water service. A groundwater level
histograph (Graph No. 2) has been prepared showing the water levels, both static and pumping in City-
owned water wells. As the graph shows, water levels since the City assumed ownership .of the system,
are higher now (1991) than 1977. The aforementioned replenishment programs have been attributed to
the rise in water levels. The recent decline in water levels are due to lack of full supplies of recharge water
available. Although the California Aqueduct supplies were delivered undiminished during the last 4 years
of drought to the Bakersfield area, the Kern River has been below 50% of normal the last four years.
The water supply available to the City and its customers is not subject to cut-backs. The groundwater
supply has been augmented with local Kern River water and imported supplies. Although the imported
supplies could be severely restricted, the underlying groundwater reservoir could accommodate many
years of overdraft before becoming severely affected.
The groundwater basin in urban Bakersfield is shared with the adjacent agricultural interests. The shared
groundwater basin is primarily used by agricUlture, on the order of 95%. The municipal and industrial use
is a ve~j minor 5% of all water used in the basin. Any mandated cut-backs in domestic water use would
be relatively insignificant in the overall water balance and supply. If lack of recharge were to occur, then
the economics of pumping would dictate the highest and best use.
.Page
WATER TABLE DEPTHS '
AVG. SYSTEM - STATIC AND PUMPING I.~VELS
-I10
_,,o : -,
:
-~o ~ /~ /
-180 ~
_~00 --
-210 ' ' -- ~
83 ~ 87 89 91 ~
77
~9
81
78 80 82 84 86 88 90 =
YE~S ~
o
~ STATIC WATE~ LE~ + PU~NG WATEE LEVEL ~
Water Use ReductJon G°als
A plan of action will be established to accomplish the reduction goals, if needed, and will be set-up on
a voluntary and incentive basis.
T LE' NO. 3
STAGES AND REDUCTION GOALS
none 1 15% Voluntary
-none 2 25% Voluntary
none 3 35% Voluntary/Incentive
none 4 50% Voluntary/Incentive .
Priorit/es
Priorities for the use of available water, based on California Water Code, Chapter 3 are:
* HEALTH & SAFETY.- interior family use and fire suppression
* COMMERCIAL, INDUSTRIAL & GOVERNMENTAL - jobs & economic base
* LANDSCAPING - residential & business/commercial, parks
* NEW DEMAND - all projects
Hea/th & Safe~y
Metered records for the interior use of water by families show that 10 ccf per month per household can
provide adequate supplies for that use. This equates to 120 cof per year or approximately 3500 acre-feet
annually for City system. Reductions beyond this level will create hardships on customers.
City records indicate that increased monthly use beyond the 10 cof level is usually triggered by weather
Pattem$, thus initiating outside water use for landscaping.
Commercial, Industrial & Govemmen~
A wide diversity of applications of water in this category will not allow a broad based average allocation.
The needs of a petroleum refinery, large hotel, and an ice cream plant vary considerably. Even the
individual use of these service connections vades hour-by-hour. A plan to merely base reductions to these
concerns would be easy for the utility to administer but could create hardships for the
industrial/commercial customer, thus affecting the economic base and potentially, jobs.
The City well field is tied into a common pressure zone. The system is looped to provide maximum
fiexibility to move water in all directions as demands dictate. Also, wells are operated on a rotational basis
and the looped' system and oversized water mains will allow that.
Wintertime operations usually have 4 or 5 wells operating out of a total of 30 available, whereas the
summer season will have 25 wells running, allowing some to 'be set for reserve. This points out th® wide
Page 7
fluctuations in demands on the system, aS wall as the increased weather related'demand to irrigate
landscaping and community parks.
TABLE NO, 4
WATER SUPPLY ALLOCATED BY PRIORITY
average use (al) 12,250 4,272 1,100 1,200 18,822
Requested use ~ 10,415 3,360 935 1,020 15,730
% reduction 15% 15% 15% 15% 15%
average use 12,250 4,272 1,100. 1,200 · 18,822
Requested use 9,180 3,200 825 900 14,105
% reduction 25% 25% 25% 25% 25%
average use 12,250 4,272 . 1,100 1,200 18,822
Recl/Incentive 7~965 2,775 · 715 780 12,235
% reduction 35% 35% 35% 35% 35%
average use 12,250 4,272 1,100 1,200 18,822
Req/Incantive 6,125 2,575 550 300 9,550
' % reduction 50% 40% 50% 75% · 50%
Supply Shortage Triggering Levels
The City of Bakersfield Domestic Water SyStem has taken the responsibility of providing for the health and
safety water service needs of the area in which it serves water. In order to minimize the social and
economic impacts of a projected water shortage, the City is managing its water sources and planning for
future needs.
This plan is designed to provide a minimum of 50% of normal supply during a drastic water shortage.
The following water shortage program triggering levels are established to ensure that the appropriate
policy statements are implemented.
The City's sole Source of water is groundwater. The groundwater supplies are plentiful and earlier
discussions in Section's 3 & 4 underscore the many programs and projects that have been undertaken
to ensure water supplies for the City, now, and in the forescc=ble future. Water shortage stages, if
needed, may be triggered by natural disasters Or politically mandated rationing.
Page 8
TABLE NO. 5
WATER SUPPLY TRIGGERING LEVELS
I 15% 2,825 Not applicable*
2 25% 4,700 Not applicable*
3 35% 6,575 Not applicable*
4 50% 9,410 Not applicable*
* Carry-over shortage would not apply to areas of groundwater use. The groundwater supply is readily
available to make up for past shortages.
Section 5 Mandatory Prohibitions on Water Uae
The California Water Code has provisions relating to prohibitions against wasteful practices, such as gutter
flooding. The City of Bakersfield has Municipal Ordinances that relate to wasteful use of water. The
following is a summary of ordinances, Code adoptions and programs the City has adopted:
Metering
The City system is metered to 100% of"~ service connections, exclusive of public fire protection services
(public fire hydrants). This method of service provides accurate detail to the City and the customer of
quantities used in Particular situations, so both City and customers are aware of amounts of water
consumed. The metering method allows the customer to reward himself for practicing water conservation
methods, through a lower monthly water bill. The Public Utilities Commission of the State of California;
General Order No. 103 encourages metered volume sales unless specific authorization has been granted
otherwise. Although not under the CPUC, the City has adopted service standards patterned after General
Order No. 103.
A comparison of water use in the Bakersfield area for the annual period of 1989 shows that the average
residential metered customer in the City's system used 35,740 cubic feet (357.4 cc0 of water, while major
water utility records show for the same period, that similar flat rate service in other areas of Bakersfield
shows consumption was 45,190 cubic feet (451.9 ecl). This supports the metering effort for conservation
and record keeping purposes in the event water shortages occur.
The City has a continuing program of meter change-outs to systematically replace older meters. A
sampling of the old meters are then tested for accuracy to evaluate the Unaccounted losses in the system.
This program has helped, reduce unaccounted losses.
Waste of Water Notices
The City's continuing policy of using the 'Waste of Water Notice" doorknob hangers are used when there
is a display of outside waste of water. The notices also include a review of ways to conserve water inside
as well as outside the home.
Page 9
MUnicipai OrdineJ~ces
The City has adopted varying ordinances relating to water wastage. The ordinances apply to service
areas of all utilities who supply water to the incorporated City boundaries, as well as the City-owned water
system. A listing of these ordinances is provided and described in the City's previous ."Urban Water
Management Plan" of October, 1985.
Building Codes
The City has adopted the Califomia Administrative Code, Title 24 (State Building Standards Code) relating
to Energy Conservation in new building construction. The code specifically relates to energy conservation,
but som® provisions apply to the use of Iow-flow showerheads, lavatory faucets and sink faucets.
Mainline Extension Conbacgs
The City offers Mainline Extension Contracts to developers for extending City facilities to new
developments. The contracts are patterned after Rule 15 of California Public Utilities Commission. The
City's contract rule provides for water conservation provisions.
City Water Main SpecificaUons
City standards for water main installations on its system require pressure'and leak testing before
acceptance by the City. The standards for pressure and leak testing are patterned after the American
Water Works Association, Specification C600 and Specification C603-78.
Public Information/Awareness Programs
The City has financially participated in television advertising campaigns whose purpose is to inform the
public of the drought and to offer suggestions in ways to save water around the home. The campaign,
over the last four years, has bean continually revised and updated and has been slotted in over 500,
television 'spots" around the clock.
The Kem County Water Agency is providing a program of classroom education, water facilitytours, and
radio and television ads, with these programs funded from general tax revenues derived in part from
customers of the City Water System.
City staff have made presentations to various groups of City employees, concerning water conservation
and water awareness. At the conclusion of the presentations, "Water Saving Kits' are distributed to the
employees.
Other public forums used to promote water awareness and conservation have been manned information
booths at the Kern County Fair and monthly Downtown 'Street Faires', where literature and "Water Saving
Kits' have been distributed. The City participates in 'Water Awareness Month' each May, in conjunction
with the Water Association of Kern County and. the American Water Works Association. This program has
local govemments proclaiming water conservation and sets up displays in local government offices and
libraries.
The City's billing contractor has included ·'envelOpe stuffers' on water conservation and water saving tips
in each month's bill. special emphasis is being placed on outdoor water use, as such use is. especially
high in the summer months in this area.
Page 10
The City's billing contractor has continued with a variety of billing stuffers that constantly remind customers
to conserve water. Brochures and water saving kits have been available at the business office and have
been distributed to schools and govemment offices. Publicity releases on water and water conservation
are routinely distributed to the media. The billing format for customers shows a detailed summary of water
use for the current month and gives a consumption history for the previous 12 months.
Water Wastage Patrol
The City operations contractor has initiated a water wastage patrol program, sometimes celled a 'water
cop'. This program not only fields personnel on the look out for waste of water but also investigates
complaints received from the public on wasting water. Procedures to stop the waste of water are followed,
including visiting the premises to talk to the offender and offer assistance or advice all the way to
cessation of service for non-compliance of water waste ordinances, if needed.
City Internal Water Conserva#on Measures
The City system has incorporated procedures and practices to achieve water conservation and manage
the water supply. Extensive records on consumption, production and use histories are maintained. New
water system installations are constructed under strict standards for pressure and leak detection. A leak
detection and repair program is ongoing. The City system is 100% metered, allowing the customer
knowledge of their water use, who may then adjust their consumption accordingly.
Section 6 Consumption Umits
The City may establish consumption limits based on a percentage method for each particular customer
classificetion..
Residential Percentage reduction'as prescribed
Commercial/Industrial Percentage reduction as prescribed
Landsceping/Parks Percentage reduction as prescribed
New Demand Percentage reduction as prescribed
The percentage reductions correspond to the stages and customer type as outlined in Table No. 4.
The individual customer allotments will be based on the average use as celculated from the previous five
year period of records, 1986-1990. This can give the City a .broad based view. of water use patterns in
determining any allotments and in cases of reviewing appeals.
Page 11
Section 7 Penalties or Charges for Excessive Use
The City's current rate schedule is shown on Table No. 6.
TABLE NO. 6
CITY OF BAKERSFIELD SCHEDUI:E OF RATES
Quantity Rates per ccf/month
up to 3,000 ccf $ 0.409 $ 0.573
over 3,000 ccf $ 0.341 $ 0.477
Monthly service charge based on size of service connection
3/4" ,$5.30 $7.42
1' 7.96 11.15
1-1/2'10.61 14.85
2' 14.31 20.05
3" 25.83 36.16
4' 35.13 49:19
6" 58.37 81.72
8" 86.77 121.50
10" 108.46 151.85
12" 127.56 178.84
The City has not instituted tiered or punitive rates for excessive use. The rates strUcture is such that the
monthly service charges cover the base cost of facilities and the quantity rates are charged to compensate
for the variable costs of providing water service. The costs for the 'mw' water are captured through tax
assessments levied by overlying water agencies that are charged with the responsibility of groundwater ·
percolation programs.
The City has the ability to restructure its rates on short notice through the means of Municipal Ordinances
that allowthe City Manager to issue Executive Orders on water rates. This method will be used, if needed,
to strUcture rates to compensate the City for excessive use of water.
Section 8 Analysis of Revenue and Expenditure Impacts
The City's average annual income from water sales is approximately $4,500,000, of which the monthly
readiness-to-serve charges and other non-consumption income comprising approximately 35% of the total
Page 12
income stream. All funds over and above normal operating expenses are used for capital improvement
and up-grade of facilities.
City water rates are not differentiated by customer typ®, therefore the Staged delivery projections for
quantity of water sold under reduction plans are reflected in Table No. 7.
TABLE NO. 7
~ REVENUES/EXPENSES BY PROJECTED STAGE REDUCTION
Quantity Sales $ 2,925,000 2,190,000 1,900,000 1,485,000
Service Charge 1,575,000 1,575,000 1,575,(XX) 1,575,000
TOTAL 4,500,000 3,765,000 3,475,000 3,060,000
% reduced 0 16% 23% 32%
Expenses
Admin Exp 640,000 640,000 640,000 640,000
O & M Pars 1,175,000 1,175,000 1,050,000 .1,000,000
Power 1,250,000 985,000 800,000 600,000
Pump Taxes 250,000 200,000 165,000 120,000
Repair & Maint 350,000 300,000 250,000 175,000
Cap Imp 750,000 465,000 570,000 525,000
TOTAL 4,415,000 3,765,000 3,475,000 3,060,000
+ or (-) 85,000 0 0 0
An analysis of the revenue and .expenditure differences that would be experienced with the proposed
· Stage reduction plans show that quantity rate increases could be deferred during the shortage periods.
No additional outside water supplies would need to be purchased to forestall shod. ages. The groundwater
aquifer is readily available and is accessible with use of existing pumps. No further analysis of revenues
or expenditures is required.
Establish a Contingency Fund
In order to even out the financial impacts of potential delivery cut-backs, the City will propose in its
upcoming budget, the establishment of a contingency fund. Funding is expected to come from small
surpluses now generated with the average water sales and connection fees on new developments.
This is proposed for the 1992-1993 fiscal year.
The fund will then be used to make up for any unforeseen shortfalls in revenues or possible increases in
operations costs, such as dramatic increases in power rates or pump taxes.
Page 13
Section 9 Implementation of the Plan
Upon the recommendation of the City Of Bakersfield Water Board, the Council of the City of Bakersfield
shall make the determination whether to declare a water shortage emergency and implement this Plan.
A model resolution is presented as a guide in preparation of the shortages.
TO DEGI.ARE A WATER ~'IORTAGE EMERGENGY
Pursuant to Califomia Water Code Section 350 et seq., the Council of the City of Bakersfield shall conduct
a noticed, public hearing to establish the criteria for declaring a water shortage emergency.
WHEREAS, the City of Bakersfield Water System serves approximately 18,850 acre-feet of water to
customers in its service area;
The City system is capable of producing by groundwater extraction all water needed to serve its
customers;
The demand for water and water service is not expected to lessen;
It is determined that when the amount of water supply available to the City system for service to .its
customers falls below the prescribed amounts set forth in the 'Water Shortage Contingency Plan', as
prepared by the City of Bakersfield in response to Assembly Bill No. 11 (September 13, 1991), then the
City shall declare that the water supply will not be adequate to meet the ordinary demands and
requirements of water consumers in the City system,
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Bakersfield hereby directs the
City Manager and the Water Resources Director to determine the appropriate Stage of Reduction and
implement the City's Water Shortage Contingency Plan.
s/b
MAYOR & COUNCIL OF THE CITY OF BAKERSFIELD
Section 11 Plan AdoPtion Standards
The City of Bakersfield Water Resources staff prepared this 'Water Shortage Contingency Plan and has
submitted the Plan to public hearing and review. The public hearing is to be held at 11 :OOam on January
13, 1992, at the offices of the Kern County Water Agency, 3200 Rio Mirada Drive, Bakersfield, California.
Following the joint public h~aring on the Plan, the City of Bakersfield Water Board shall consider adoption
of the Plan at its next scheduled public meeting.
The City of Bakersfield Water System Plan is available for review at the City of Bakersfield Water
Resources Building, 1000 Buena Vista Rd., Bakersfield, CA, 93311 during the hours of 8:OOam to 5:00pm
on regular business days.. Telephone $26-~715. Copies of the Plan will be available upon request.
Page 14
Report prepared by:
City of Bakersfield
Water and Sanitation Department
Domestic Water Division
1000 Buena Vista Road
Bakersfield, Ca 93311
Flom Core, Assistant Water Resources Director
Patrick Hauptman, Water Supervisor III
Page 15
APPENDIX I
R CE VED
"' TNC i~J STP
JFS ~1 LWF ~ _.
PROOF OF PUBLICATION RKB 0 R81 I'"1
GLBO [~N 1 ~ i~9'2 JMB~Of of Publication of:
AFH ~ JEV
DKS O ,
Kern ( ounty Water Agency
S~ate o~ CaZ~o~n~a -ss
A8 ~umbe~
~ am a c~t~sen o~ the
~tates an8 a ~es~ent oE the
the age oE ~8 ~ea~s, an~ not
a Da~t~ to o~ ~nte~estea ~n
the above entitled matte~. ~
am the assistant ~nc~Da~
c~e~k o~ the D~nte~ o~ ~he
Bake~s~e~ Ca~o~n~an, a
~ewsDa~e~ o~ gene~a~ c~cuZa- .~m~~.
tion, printed and published ~~..~"~~
daily in the City of ~"~~
BakerSfield, county of Kern, ~.~).~
and which newspaper has been ~ ~ W*TE~ ~W~~ v,~w~,~
AG~, NO~ ~ ~ ~-
adjudged a newspaper of ~~w,~o~
general circulation by the ~s~.~
Superior Court of the County ~w,~'~~.
of Kern, State of California, ~~~. ~w~
under date of February 5, i~~~w~
1952, Case Number 57610; that ~.~~
the notice, of which the I~~~
annexed is a printed copy, t~w~~ ,m~v~ ~ '~ -
has been published in each ~=~~ j~~ ~w,~
regular and entire issue of ~ ~ ~u~nw.~
~~~ (~)
said newspaper and not in any ~J~~:~ ~w~
supplement thereof on the ~w.~.~
following dates, to wit-
1/8,1/10 '~D~
all in the year 1992.
I certify (or declare) under
penalty of perjury that the
foregoing is true and corr-
ect. ~/ ~_
/ .-- - - .?~ign~t%re
Dated at Bakersfield, Ca
JANUARY 9, 1992
Gerry Baker
PROOF OF PUBLICATION
A joint public hearing on the Urban Water Shortage Contingency Plan was held January
13, 1992 at 11:00 AM at the offices of the Kern County Water Agency, 3200 Rio Mirada
Drive, Bakersfield, CA. The joint hearing was on behalf of the urban Bakersfield water
purveyors, which included the City of Bakersfield Water Shortage Contingency Plan.
The hearing was conducted by the Honorable Samuel D. Reyes, Administrative Law Judge,
pursuant to the laws of the State of California (Government Code Section 27727, etc.).
The City of Bakersfield Plan was received into evidence as Exh~it 6. The Court asked if
any members of the public wished to present testimony and hearing none, recessed the
hearing.
The FINDINGS~ CONCLUSIONS AND RECOMMENDATION OF HEARING OFFICER
for Case No. L - 55747, concluded that the City of Bakersfield has proceeded thus far in
accordance with the Urban Water Planning Act, Water Code section 10610 et seq., in
proceedings leading toward adoption and implementation of the water shortage contingency
plan.
~ Pete Wilson
~. STATE OF CAUFORNIA--STATE AND CONSUMER SERVICES AGENCY
DEPARTMENT OF GENERAL SERVICES
OFFICE OF ADMINISTRATIVE HEARINGS.
501 J STREET, SUITE 230
SACRAMENTO, CA 95814
455 GOLDEN GATE AVE., RM. 2248
SAN FRANCISCO, CA 94102
314 WEST FIRST STREET
LOS ANGELES, CA 90012
1350 FRONT STREET, RM. 6018
SAN DIEGO, CA 92101
January 15, 1992
(213) 897-4542
John F. Stovall
KERN COUNTY WATER*AGENCY
3200 Rio Mtrada Drive
Bakersfield, California 93308
Dear Mr. Stovall:
Enclosed please find the Findings, Determination and
Recommendations of Hearing Officer that have been prepared and
signed by me.
Very truly yours,
Administrative Law Judge
SDR:lf
BEFORE THE
~KERN COUNTY WATER AGENCY, ET AL.~
COUNTY OF KERN
STATE OF CALIFORNIA
In the Matter of the Filing and )
Publication of Water Shortage Plans )
as Amendments to Urban Water )
Management Plans of: )
) Case No. L-55747
Kern County Water Agency )
(Improvement District No. 4); )
North of the River Municipal Water )
District; East Niles Community )
Services District; Oildale Mutual ).
Water Company; California Water )
Service Company; City of Bakersfield;)
and Vaughn Water Company. )
)
)
FINDINGS, CONCLUSIONS AND
RECOMMENDATIONS OF HEARING OFFICER~
The above matters, having been consolidated'for public·
.hearing, were the subject of a public hearing at the offices of
the Kern County Water Agency, 3200 Rio Mirada Drive, Bakersfield,
California, on January 13, 1992, at 11:00 a.m., Samuel D. Reyes,
Administrative Law Judge of the Office of Administrative Hearings
(sitting as a County Hearing Officer pursuant to Government Code
section 27727), presiding.
The agencies named below were represented as follows:
Kern County Water Agency John F. Stovall,
(Improvement District No. 4) General Counsel
Fernando Cisneros,
Administrative Engineer
California Water Service Company Bob D. Lewis,
District Manager
City of Bakersfield Florin R. Core,
Assistant Director,
Water Resources
East Niles Community Services Roland Stephens, Manager
District
North of the River Municipal Ralph Gifford,
Water District Manager-Secretary.
Oildale Mutual WaterCompany Douglas Nunnely,
Manager-Secretary
Vaughn Water Company Michael L. Huhn,
General Manager
No member of the public appeared at the hearing to
inspect the plans or to offer any comments.
Oral and documentary evidence was presented and the
matter was submitted for the preparation of this report.
FINDINGS
The undersigned finds:
I
Each of the entities named above is an urban water
supplier within the meaning of Water Code section 10617.
II
Each of the entities named above has published and
filed for the record herein a proposed water shortage contingency
plan to serve as an amendment to their urban water management
plans.
III
The water shortage contingency plans have been made
available for inspection by the public during regular business
hours, Monday through Friday.
IV
Notice of the public hearing was given on January 8 and
10, 1992, in the Bakersfield Californian, a newspaper of general
circulation published daily in the City of Bakersfield, County of
Kern.
V
The plans submitted by the entities named above contain
the elements required by Water Code section 10631(e).
CONCLUSION
From the foregoing facts, the undersigned concludes
that each of the entities named above has proceeded thus far in
accordance with the Urban Water Management Planning Act, Water
Code.section 10610 et seq., in proceedings leading toward
adoption and implementation of their proposed water shortage
contingency plans as amendments to their water management plans.
RECOMMENDATION
Having complied with the ~tatutory requirements of
making the proposed water shortage contingency plans available
for public inspection and holding a public hearing on said plans,
each entity named above can adopt and implement its plan as
prepared, and file a copy of the plan with the California
Department of Water Resources on or before January 31, 1992.
Administrative Law Judge
Office of Administrative Hearings
AGENDA I TEH #7
The City Evaluation Team made up of Florn Core,
John Stinson, Fred Kloepper, Gil Rojas and Ken Dietz
(Stetson Engineers) will be reviewing the proposals on
Friday, May l, 1992, The results of this evaluation
will be summarized and presented at the Water Board
meeting,
MEETING OF MAY 5, 1992
AGENDA ITEM #7 ~,~7
REPORT FROM EVALUATION TEAM
ON THE SELECTION OF DOMESTIC WATER
OPERATIONS AND MAINTENANCE CONTRACTOR
The privately owned Ashe Water Company was purchased by the City of Bakersfield
in 1977 and the City has retained, by contract, the California Water Service Company to
perform the operations and maintenance of the City system. The contract has been
reviewed and revised from time-to-time to reflect the then current system conditions. In
past contract changes, the methods of payment for services have been modified, but the high
level of services provided has not been changed.
The existing contract for operations and maintenance of the City of Bakersfield
Domestic Water System will expire December 31, 1992 and the contract requires a
notification by July 1, 1992 of the intent to terminate.
Water Resources staff initiated a Request for Qualifications (RFQ) and Request for
Proposals (RFP) for the operations and maintenance of the City Domestic Water System
to ensure the domestic water customers and citizens of the City were receiving the highest
possible level of water service obtainable at a reasonable price.
The RFQ and RFP were prepared by staff then advertised and distributed on March
27, 1992. Two proposals were received by the closing date, April 24, 1992. Proposals were
received from California Water Service Co. (CWS), San Jose, California and ECO
Resources, Inc. (ECO), Sugar Land, Texas.
An Evaluation Team was formed to review the proposals and recommend action to
the City of Bakersfield Water Board. The Team members were: Florn Core, City
Assistant Water Resources Director; Ken Dietz, Engineering Associate, Stetson Engineers;
Fred Kloepper, City Assistant Public Works Director; Gilbert Rojas, City Assistant
Finance Director; and John W. Stinson, Assistant to the City Manager.
The two proposals were reviewed and it was determined that, although ECO
submitted a lower cost proposal, the level of service to be provided was not presented or
clearly explained. The ECO proposal was non-responsive in several areas, including
experience in contract operations in California particularly in rapid growth areas, a detailed
financial statement on the financial structure and resources of ECO, and a specific
operational plan or profile for operating and maintaining the City system. Other areas of
deficiencies in the ECO proposal were in Customer Service procedures, water conservation
programs, emergency response time (equipment and personnel) and water quality
laboratory and reporting.
The CWS proposal met the requirements for Qualifications and provided appropriate
responses to the RFP. The CWS proposal affirms the sen, ices provided to the City and its
customers and citizens will be maintained at levels prescribed in the RFP.
The CWS proposal cost is approximately $150,000 higher than the ECO proposal.
However, questions on the type and level of services provided by ECO were a factor in
considering the two proposals. The CWS cost to provide the highest level of service is in
line with cost estimates generated by a Water Resources staff report on the operation of
the City system by using City personnel. Evaluation Team member Ken Dietz of Stetson
Engineers approximated the costs to operate the system and found the CWS cost proposal
to be within his estimate.
The recommendation of the Evaluation Team to the Water Board is to accept the
proposal from California Water Service Co. and authorize staff to re-negotiate the existing
contract to conform with the CWS proposal as presented.
Respectfully submitted,
Florn Core
Ken Dietz
Fred L. Kloepper
Gil Rojas _
John W. Stinson
May 1, 1992
ADDITIONAL RECOMMENDATION:
Water Resources staff recommends a staff evaluation of the new CWS contract
within three years and take appropriate action on the issuance of Request for Proposals for
subsequent contracts.
AGRICULTURAL WATER ENTERPRISE
1992 WATER PRICE AND SAND SALE SCHEDULE
The following water prices for 1992 reflect the current, below normal water supply conditions
occurring throughout the San Joaquin Valley. Of the eight (8) water price categories shown below, itema I and
2 are established by existing contracts. 'I~e water rates for itema 3 through 8 are dependent upon supply and
would remain in effect until conditions warranted changes or adjustments to these prices.
For information and reference, the 1990 and 1991 schedule for surface water rates are shown for
comparison (,price per acre-foot).
Actual 1990 · Actual 1991 Effective Suly 1, 1992
(24% of Normal (56% of Normal (50% of Normal
THee of Water Water Year) Water Year) .Water Year)
1) Basic Contract Water .......... $20.00 $20.00 $20.00
2) City *Borrow/Payback*
Contract Water ..................... $19.18 $19~5 $1930
· 3) Miscellaneous Kern River
Water sold for surface
irrigation ................................. $22.00 $26.00 $26.00
· 4) Miscellaneous Water that
would otherwise be used
for groundwater banking. .... $10.98 $11.36 $11.05
· S) City non-Kern River Water
Sales (ollfield discharge,
etc~) ......................................... $18.00 $18.00 $18.00
6) 2800 Acre *banked* ground-
water sold for surface
irrisation ................................. $40.00 $47.00 $47.00
7) City water sold for
incidental Ag. and
Domestic use upstream of
First Pt. of Measurement .... $52.00 $58.00 $S8.00
8) Kern River Canal &
Irrigating Co .......................... $18.48 $18.48 $18.48
* To encourage maximum use within the Kern River groundwater basin, water prices in cateSories
numbered 3, 4 and 5 are reduced 50% durin8 periods of mandatory flood control release and/or
encroachment into the flood control storage space at Isabella Reservoir.
For annual and/or temporary pumping agreements from canal and river facilities, and for sand sales from
City-owned river channel properties, the following rates would remain in effect until conditions warranted
change, s:
,ITEM PRICE
1) Temporary Pumping Agreements .................................. $ 45.00 per day -
2) Annual Pumping Agreements
$ Truck units or less ................................................... ~ ..... $400.00 (minimum charge)
6 Truck units or more ...................................................... $600.00 (or greater proportionately,
depending upon volume)
3) Sand Removal Sales .......................................................... $ 0-~0 per cubic yard (plus sales tax
when applicable) ·
City of Bakersfield
Domestic Water System
Ashe, Fairhaven, and Riverlakes Ranch Service Areas
Schedule of Rates
First 300,000 cu. ft./month $ 0.409 $ 0.573 $ 0.41 $ 0.55
(per 100 cu. ft./month)
All over 300,000 cu. ft./month $ 0.341 $ 0.477 $ 0.35 $ 0.49
(per 100 cu. ft./month)
5/8" x 3/4" Service $ 5.30 $ 7.42 $ 5.80 $ 7.83
3/4" Service 5.84 8.17 6.44 8.69
1" Serdce 7.96 11.15 8.96 12.10
1-1/2" Service 10.61 14.85 12.61 17.02
2" Service 14.31 20.05 17.51 23.64
3" Service 25.83 36.16 32.23 43.51
4" Service 35.13 49.19 45.13 60.93
6" Service 58.37 81.72 ' 78.37 105.80
8" Serdce 86.77 121.50 118.')7 160.34
10" Service 108.46 151.85 158.46 213.92
~.A.:..~:~:~~R:~~:~~:i:i:i:~:~:i:~:~:~:~:i:i:i:i:i:~:~:i:~:~:i:i~!:i~:~:~:~:~:~:~:~:~:~:~:~:~:~:~:~:~:~:~:!:~:::::::::::::::::::::::::::::::::::::::::::::::::::::::
1-1/2" Connection $ 3.08 $ 4.31 $ 3.39 $ 4.58
2" Connection 4.09 5.73 4.50 6.08
3" Connection 6.13 8.58 6.74 9.10
4" Connection 8.18 11.45 9.00 12.15
6" Connection 12.26 17.16 13.49 18.21
8" Connection 16.36 22.90 18.00 24.30
10" Connection 20.44 28.61 22.48 30.35
12" Connection 24.52 34.33 26.97 36.41
Monthly service charge is a readiness-to-servecharge which is applied to all services and
any quantity of water used is an additional charge computed at the quantity rate.
Conditions of service remain the same.
,,'5 BAWELO WATER DI'STRII3T
~'('~.~:".' /x"v ! 7207 INDUSTRIAL FARM ROAD BAKERSFIELD, CALIFORNIA 93308~980I
~'i""' .,:.~'" 1,o,) 3,3-6072
.. WATER ORDERS 393-6070
JOHN L.. JONES
DISTRICT MANAGER
MEMORANDUM
March 30, 1992
TO: Cross Valley Canal Participants
FROM: Cawelo Water District
Re: Request for May 27, 1992 Participants' meeting on future use,
operation and control of the Cross Valley Canal
,.J
Cawelo Water District invites committees of the legislative
body of each of the participants in the Cross Valley Canal to join
in a meeting to discuss the future of the Cross Valley Canal
including its use, operation and control.in view of changed circum-
stances and recent events involving the use of the Canal. We have
selected 10:30 a.m. on May 27, 1992 at the Red Lion Inn in
Bakersfield as the time and place for the meeting.
We suggest attendance by two members of the legislative body
of each participant along with the manager and a consultant and we
invite such representatives of each participant to be our guests
_~~ lunch following, or during the meeting.
The focus of the meeting will be to chart the futhre course
of the use, operation and control of the'Cross valley Canal for the
primary benefit of and pursuant to the desires of participants'
taxpayers who have been paying the capital costs of the Canal for
years and must continue to do so for years to come.
Our Districts' primary concerns and their reasons for asking
for this meeting and inviting your attendance are as follows:
1. Although the taxpayers of participants, as the beneficial
owners, have spent millions of 'dollars annually in paying for the
capital costs of the Canal, more and more of the useful life of its
components and facilities are being devoted for the benefit of.others
without prior agreement by participants.
2. Non-participants receive the benefit of capital investments
by the taxpayers of participants. Sometimes, in such matter as
reverse-flowing, even so as to likely increase the capital replacement
costs without decision-making participation by participants who paid
for the Canal.
M~mo to CVC Par.ticipants
~'March 30, 1992
Page 2
3. A recent example of the present operation .of the Canal
in a manner not in the best interests of the participants was the
way in which the Agency handled the removal of tumbleweeds from
the Canal in late December of 1991 in order to continue reverse-
flowing for the benefit of non-participants at a cost in excess
of $100,000, much of which will be paid for by participants'
taxpayers, even though, the increased overtime cost of expedited
tumbleweed removal was of the most benefit, to non-participants.
4. This points up the fact that the Agency's accounting for
the Cross Valley Canal operating costs charges against the participants
is woefully.uncertain and often unreasonably delayed.
5. More and more of the conflict of interest positions of the
Agency--as operator of the Cross valley Canal, as the legislative
body for Cross Valley Canal participant Improvement District No.4
and also as the State Water Project representative of the Agency's
non-participant member units--are working to the disadvantage of
the participants.
6. Another example of the Kern County Water Agency's unauthor-
ized use of capital investments by participants is when the Agency
allowed water wells to be drilled for non-participants' use within
the Cross Valley Canal property purchased by participants years ago.
We have made arrangements with the Red Lion Inn for the meeting
and lunch, so will you please let us know very soon as to whether
your legislative body will be represented at the meeting and how
many individuals will attend?
We will very much appreciate your giving serious consideration
of this matter at this time, because we sincerely feel that our
taxpayers and yours are now being seriously disadvantaged by the
manner in which the Cross Valley Canal, financed by our taxpayers,
is being operated and perhaps even to the extent of the unlawful
gifting of public funds.
.~~,l~a t~
By D.M. Camp, President
KERN COUNTY WATER AGENCY
CROSS VALLEY CANAL
RECALCULATION OF VOTING SHARES *
TO REFLECT SALE OF 6 CFS BY
KERN~TULARE WI) to ROSEDALE RIO-BRAVO WSD
(Effective July 28, i989)
Original Revised Revised
Share of Percent of Share of Percent of
Total Projec~ Total Projec~ Total Projecl Total Project
Participant Costs Capital Costs Costs Capital Cost
($) (%) ($) (%.)
Arvin-Edison W.S.D. 245,650 1.09 245,650 1.09
Caweio W.D. 5,700,932 25.24 5,700,932 25.24
F-T Group 4,602,179 20.37 4,602,179 20.37 **
Improvement District No.4 6,748,362 29.88 6,748,362 29.88
Kem-Tulare W.D. 2,783,280 1Z32 2,644,116 11.71
Rag-Gulch W.D. 925,465 4.10 925,465 4.10
Rosedale Rio-Bravo W.S.D. 1,581,981 7.00 1,721,145 7.62
T.O,T A L $2Z,587,849 100 $22,587,849 100
* Based on odginal project costs S/tls.
** FRESNO-TULA~E GROUP REVISED %
Lower-Tule River Irrigation District 8.88%
Pixley Irrigation District 8.88%
County of Tulare 0°86%
County of Fresno 0.86%
Hills Valley Irrigation District 0.61%
Tri-Valley Irrigation District · 0.28%
20.37%
DODD. INVESTIGATIONS & SECURITY, INC.
2328'QUINCY DRIVE
BAKERSFIELD, CALIFORNIA 93306
PHONE 805 872 8660
Monday, April 20, 1992
Mr. Gene Bogart
Water Resources Director
City of Bakersfield
Dear Gene
In 1979, I was given a contract to furnish a man and vehicle to
provide necessary patrol services for the department. A price of
$16.00 per hour was agreed upon.
That was and still is my favorite contract, however, today the
$16.00 per hour has lost 59% of its purchase power.
I have no interest in trying to regain full purchase power but do
need to talk to you about increasing fees.
Thanks ~~d'd
"ALL ~mOD/~$ I~O~X" /9~: ;d;~,
~U~T ,~?~ 7~,~: t.~'23~'~~= ~3.4.o (4~,~,~..,~)
OVEE IZ Y~r~.
DODD INVESTIGATIONS & SECURITY, INC.
2328 QUINCY DRIVE
BAKERSFIELD, CALIFORNIA 93306
PHONE 805 872 8660
Wednesday, April 22
Gerald D. "Jerry" Dodd
Born July 30, 1927 at Lark, .Oklahoma
Kern County, California resident since 1939
Veteran, served in U.S. Navy from December 1944 through November
1948 as a shipboard radio operator with 3 years of intermittent
foreign service.
My first job after discharge from the U.S. Navy was as a Police
Officer for the Delano Police Department, starting my first shift
at 10:00 P.M. on December 31, 1948 and working through midnight,
June 30, 19.50.
On July 1, 1950 I began work as a Kern County Deputy Sheriff
where I remained employed until March 12, 1977.
During my service with the Sheriff's Department, I worked as a
Uniformed Deputy for 2½ years then was promoted to Investigator
and was assigned as a Burglary Investigator. I was transferred
to the Administrative Vice Detail in 1956 with the rank of
Sergeant and commanded that detail for the next 9 years under
Sheriff LeRoy Galyen. During that service I was named Kern
County's first Officer of the Year.
I was transferred back to the Uniform Patrol Division and among
other assignments, was the Officer in Charge of the original
Delano Grape Strike in 1965. As a result of that assignment, I
testified before both Federal and State Senate Agricultural
Sub-committees and before the CalifOrnia Senate Sub-committee on
un-american Activities.
I also served as a Night Watch Commander, as a Detective
Lieutenant and finally was promoted to Captain where I served as
Commander, Uniform Patrol, Chief of Detectives and at the time
of my retirement, was serving as Commander, Narcotic Task Force.
I was at various times, the commander of the Swat Team, K-9
Services and Helicopter services.
I retired in good standing and have maintained my relationships
with every law enforcement agency in Kern County. One of the
jobs I have completed since retirement was to set up a Security
System at Elk Hills Naval Petroleum Reserve to the satisfaction
of the Department of Defense, Department 'of Energy, U.S. Navy,
Chevron Oil and Williams Brothers Engineering Co., the prime
contractor. Th'at system is still in use today.
~REEMENT NO.
GUARD SERVICE AGREEMENT
THIS AGREEMENT is made and entered into on ,
by and between the CITY OF BAKERSFIELD WATERBOARD, an agent of the
City of Bakersfield, referred to herein as "BOARD"~and GER~?.n' D.
DODD, an individual doing'business as DODD SECURITY, INC., referred
to herein as "CONT.RACTOR".
RECITALS
WHEREAS, CONTRACTOR ~epresents that CONTRACTOR is
experienced and well qualified in the field of security; and
WHEREAS, BOARD desires to employ CONTRACTOR to provide
security on certain City property, as set forth herein.
NOW, THEREFORE, incorporating the foregoing recitals
herein, BOARD and CONTRACTOR mutually agree as follows:
1. SCOPE OF WORK. CONTRACTOR agrees to provide or cause to
be provided, during the term of this Agreement, the following guard
services:
a. CONTRACTOR shall provide guard services in
accordance with the BOARD's instructions provided by the Director
of the Water Resources Division of the City of Bakersfield with
respect to the post or area to be covered by each guard employed,
the number of guards to be employed and the days of the week, hoUrs
per day and hours of the day of guard service pursuant to the
specifications set forth in Exhibit A, attached hereto and
incorporated by reference herein as though fully set forth.
BOARD's representatives shall be entitled to make insPections, as .
necessary to assure performance.
b. Guards shall make every reasonable effort to take
the appropriate action to protect life, property, statute and
ordinance violations but shall not carry or use firearms. BOARD
Shall supply to CONTRACTOR a copy of all statutes and ordinances
the guards are expected to enforce, as well as suggestions as to
the method of enforcement with respect -to each statute and
ordinance.
c. BOARD may furnish supplemental specific instructions
or duties as a particular guard post, station, or area may require.
If by said supplemental instructions or duties the BOARD requires
an increase'in the number of guards, the number of days.of
protection or the number of hours per day, then and in that event,
BOARD agrees to pay to CONTRACTOR additional charges as may be
necessary to compensate CONTRACTOR for the increase in number of
guards or the amount of guard time provided at CONTRACTOR's
prevailing rates. Any such changes shall be incorporated into
Exhibit A.
2. TERMS, PAYMENT, RENEWS. CONTRACTOR shall be paid for
services performed under this Agreement as follows: Services shall
be provided at the rate of $23.40 per hour. CONTRACTOR will submit
invoices on or before the fifth (5th) day of the month for all
services rendered the previous month. BOARD will make. payments
within thirty (30) days after receipt of said invoices.
Except as set forth in paragraph 3, "Alterations and
Extras" the rate of compensation shall be adjusted yearly, at the
anniversary date of this Agreement, upward or downward. The base
for computing the adjustment is the Wholesale Price Index (WPI) for
all commodities as published by the U. S. Department of Labor's
Bureau of Labor Statistics. The base figure for the index date is
1982. The index for the adjustment date shall be computed as a
percentage of the base figure.' If the described index is no longer
published, another generally recognized as authoritative shall be
substituted by Agreement of the parties. The WPI used shall be the.
final index figure for the month of May, and no preliminary figures
shall be used. In no event shall the minimum compensation be
reduced below $23.00 per hour.
This Agreement shall continue in full force and effect
for a period of one (1) year from the effective date and shall
automatically renew for additional terms of one (1) year on the
anniversary date of this Agreement, unless either party notifies
the other in writing of its intention to terminate this Agreement,
as set forth herein.
3. ALTERATIONS ANDEX~S. BOARD reserves the right to make
any changes, additions, or deletions in the,original specifications
and instructions with correspondingly mutually agreed adjustments
in rates. All changes are to be made in writing and accepted by
both parties before proceeding with any work. Alterations shall
not invalidate the contract, bond, or the original specifications
and instructions to which they refer. No charges for extras will
be allowed unless ordered by the Director of the Water Resources'
Division of the City of Bakersfield and confirmed in writing.
4. MATERIALS AND PERSONNEL. CONTRACTOR represents
CONTRACTOR and its personnel are properly licensed and trained.
All personnel employed and on the premises will be properly
screened for security and trained to accomplish the work
satisfactorily. Personnel employed by CONTRACTOR will be
physically capable of performing the duties as security guards for
the purpose of maintaining order 'and protecting life and property
on the premises. CONTRACTOR shall submit the name and other
pertinent data relating to personnel employed by CONTRACTOR and who
will be performing services hereunder. CONTRACTOR wilt not use any
personnel as security guards who have not been approved by the
Director of the Water Resources Division of the City. of
Bakersfield.
CONTRACTOR will also furnish all bonds, permits,
licenses, labor, tools, equipment, materials and transportation,
together with all other items which may be necessary in the
performance and completion of the work herein described. The
CONTRACTOR will maintain a training program forits personnel so as
to provide qualified security guards capable of coping with
situations as they arise.
5. WAIVER OF DEFAULT. The failure of any party to enforce
against another a 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.
6. MERGER ANDMODIFICATION. This contract sets forth the
entire Agreement between the parties and supersedes all other oral
or written representations. This contract may be modified only in
a writing approved by the BOARD and signed by all the parties.
7. TERMINATIUN. This Agreement may be terminated by any
party upon thirty (30) days written notice to all other parties.
8. INDEPE~-DE~T COB~fRACTOR. This Agreement calls for the
performance of the services of CONTRACTOR as an independent
contractor, and CONTRACTOR will not be considered an employee of
the BOARD for any purpose and is not entitled to any of the
benefits provided byBOARDto its employees. This Agreement shall
not be construed as forming a partnership or any other association
with CONTRACTOR other than that of an independent contractor.
9. COMPLIANCE WIT~ ALL LAWS. CONTRACTOR shall, at
CONTRACTOR's sole cost, comply with all of the requirements of
Municipal, State, and Federal authorities now in force, or which
may hereafter be in force, pertaining to this Agreement, and shall
faithfully observe in all activities relating to or growing out of
this Agreement all Municipal ordinances and State and Federal
statutes, rules or regulations now in force or which may hereafter
be in force.
10. INSUR~CE. In addition to any other form of insurance or
bond required under the terms of this Agreement, the CONTRACTOR
shall procure and maintain for the duration of this Agreement the
following types and limits of insurance:
- 3 -
a. Automobile liability insurance, providing coverage
on an occurrence basis for bodily injury, including
death, of one or more persons, property damage and
personal injury, with limits of not less than one
million ($1,000,000) per occurrence; and
b. Broad form commercial general liability insurance,
providing coverage on an occurrence basis for
bodily injury, including death, of one or more
persons, property damage and personal injury, with
limits of not less than one million ($1,000,000)
per occurrence; and
c. Workers' compensation with statutory limits and
employer's liability insurance with limits of not
less than one million ($1,000,000) per accident.
All policies required of the CONTRACTOR hereunder shall
be primary insurance as respects the City, its mayor, council,
officers, agents, employees and volunteers and any insurance or
self-insurance maintained by the ~City, its mayor, council,
officers, agents, employees and volunteers shall be excess of the
CONTRACTOR's insurance and shall not contribute witch it.
The automobile liability policies shall provide coverage
for owned, non-owned and hired autos.
The liability policies shall provide contractual
liability coverage for.the terms of this Agreement.
The l~abil~ty policies shall contain an additional
insured endorsement in favor of the City, its mayor, council,
officers, agents, employees and volunteers.
The workers' compensation policy shall contain a waiver
'of subrogation endorsement in favor of the City, its mayor,
council, officers, agents, employees and volunteers.
All policies shall contain the following endorsement: An
endorsement providing the BOARD with ten (10) days written notice
of cancellation or material change in policy language or terms.
If any Part of the work under this Agreement is sublet,
similar insurance shall be provided by or on behalf of the
subcontractors to cover their operations. The insurance required
under this Agreement shall be maintained until all work required to
be performed under the terms of this.Agreement is satisfactorily
completed as evidenced by formal acceptance by the City.
The CONTRACTOR shall furnish the City Risk Manager and
Water Resources Division with acertificate of insurance evidencing
the insurance required under this Agreement.
-- 4 --
11. ASSIGNMENT. This Agreement shall not be assigned by
any party, or any party substituted, without prior written consent
of all the parties.
12. AUTHORIZED PERSONNEL. BOARD agrees to furnish to
.CONTRACTOR forthwith a written list of the names, residences,
residence phone numbers and signatures of all persons authorized to
be notified in the event of an emergency. All changes, revisions
and modifications to the above shall be supplied to CONTRACTOR in
writing.
13. SUSPENSION OR CANCELLATION OF THIS AC~R~T. This
Agreement may be suspended or cancelled, upon two (2) days notice,
at the option of CONTRACTOR, if CONTRACTOR's equipment or the
premises patrolled are destroyed by fire or other catastrophe; or
so substantially damaged it is impractical to continue service, or
in the event CONTRACTOR is unable to render service as a result of
any action by any governmental authority.
14. CONTRACTOR IS NOT AN INSURER; DISCLAI~OR WARRANTIES;.
LIQUIDATED DAMAGES. The CONTRACTOR makes no guarantee or warranty
including any implied warranty the services supplied will avert or
prevent occurrences or the consequences therefrom which the service
is designed to protect or avert. BOARD acknowledges, it is
impractical and extremely difficult to fix the actual damages, if
any, which may proximately result from the failure to perform.any
obligations herein with resulting loss to the City of Bakersfield
because of among other things:
a. The uncertain amount of value of City's property or
the property of others kept on the premises which may be lost,
stolen, destroyed, damaged or otherwise affected by occurrences
which the service is designed to detect or avert;.
b. 'The inability to ascertain what portion, if any, of
any loss would be proximately caused by CONTRACTOR's failure to
perform;
c. The nature of the service to be performed by
CONTRACTOR.
CONTRACTOR agrees this disclaimer shall not apply to
events or occurrences wherein the CONTRACTOR, its agents or
employees are the direct and sole cause of injuries to persons
and/or property.
15. CONTRACTOR LIABILITY. CONTRACTOR does not represent or
warrant: That the service will prevent any loss by burglary, hold-
up, fire or otherWise or that the service will in all cases provide
the protection for which it is intended. BOARD acknowledges and
agrees: That BOARD assumes all risk of loss or damage to BOARD's
premises or to the contents thereof, except as otherwise provided.
-- 5 --
16. JOINT LIMITATION ON LIABILITIES AND INDEMNIFICATION.
a. Neither party shall be liable to the other party for
any loss, damage, liability, claim or cause of action for damage to
or destruction of property or for injury to or death of persons
arising solely from any act or omission of the other party's
officers, agents and employees.
b. BOARD and CONTRACTOR agree to indemnify and hold
each other harmless from any and all claims, demands, liabilities,
losses or causes of action which arise by virtue of its own acts or
omissions (either directly or through or by its agents, officers,
or employees) to such extent and in such part as the respective
parties are found by reason of law to have proximately caused the
injury or damage.
c. . The party against whom any claim arising from any
subject matter of this agreement is filed shall give prompt notice
of the filing of the claim to the other party.
17. ARREST BY CONTRACTOR. BOARD authorizes and directs
CONTRACTOR to cause the arrest of any person or.persons on or
around the premises, who are unauthorized to enter the premises of
the property, during closed periods and to hold such person or
persons until released by City, its known representatives or police
authority.
18. CONTRACTOR'S EMPLOYEES. It is agreed that during the
term of this Agreement and for a period of at least one (1) year
after termination of said Agreement, BOARD will not hire any of
CONTRACTOR's employees for security .services for a period of at
least twelve (12) months after the employee separates from
CONTRACTOR.
19. NOTICES. All notices relative to this Agreement shall be
given in writing and shall be sent by certified or registered mail
and be effective, upon depositing in the United States mail;
however, all requests given CONTRACTOR's supervisor on the job by
City employees shall be considered delivered and binding on
CONTRACTOR. The parties shall be addressed as follows, or at any
other address designated by'notice:
BOARD: WATER BOARD
CITY OF BAKERSFIELD
1000 Buena Vista Road
Bakersfield, California 93311
CITY: CITY OF BAKERSFIELD
CITY HALL
1501 Truxtun Avenue
Bakersfield, California 93301
- 6 -
CONTRACTOR: GERALD DODD
DODD SECURITY, INC.
2328 Quincy Drive
Bakersfield, California 93306
20. EXECUTION. This Agreement is effective upon execution.
It is the product of negotiation and therefore shall not be
construed against any party.
"21. FORUM. Any lawsuit pertaining to any matter arising
under, or growing out of, this contract shall be instituted'in Kern
County, California.
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.
23. CONFIDENTIALITY. During the term of this Agreement,
CONTRACTOR may be dealing with information of a legal and
confidential nature, and such information could severely damage
City if any of said information were disclosed to outside parties.
CONTRACTOR will not disclose to anyone,'directly or indirectly,
either during the term of this Agreement or at any time thereafter,
any such information or use such information other than as
necessary in the course of services provided to the City under this
Agreement. All documents CONTRACTOR prepares and confidential
information that might be given to CONTRACTOR in the course of
providing services under this Agreement are the exclusive property
of the BOARD and shall remain in the BOARD's possession. Under no
circumstances shall any such information or documents be removed
from the BOARD control without the BOARD's written consent first
being obtained.
24. NEWS RELEASES/INTERVIEWS. All CONTRACTOR' and
subcontractor news releases, media interviews, testimony at
hearings and public comment shall be prohibited unless expressly
authorized by the BOARD.
25. EXHIBITS. In the event of a conflict between the terms,
conditions or operations set forth herein and those in exhibits
attached hereto, the terms, conditions, or specifications set forth
herein shall prevail. All exhibits to which reference is made in
this Agreement are deemed incorporated in this Agreement, whether
ox not actually attached.
26. CORPORATE AUTHORITY. Each individual executing this
· Agreement represents and warrants that they are duly authorized to
execute and deliver this Agreement on behalf of the corporation or
organization named herein and that this .Agreement is binding upon
said corporation or.organization in accordance with its terms.
-7 -
27. TAX NUMBERS.
CONTRACTOR's Federal Tax ID Number
CONTRACTOR is a corporation? Yes· No
(Please check one.)
o0o ..........
IN WITNESS WHEREOF, the parties hereto have caused this
Agreement to be executed, the day and year first-above written.
"BOARD"
CITY OF BAKERSFIELD
WATER BOARD
By
MARK SALVAGGIO, Chair
APPROVED AS TO FORM:
LAWRENCE M. LUNARDINI
City Attorney
By
ALAN DALE DANIEL
Assistant City Attorney
.COUNTERSIGNED: APPROVED AS TO CONTENT:
By By
GREGORY J. KLIMKO PAUL DOW, Manager
Finance Director WATER AND SANITATION
"CONTRACTOR"
GERALD D. DODD dba
DODD SECURITY, INC.
By
ADD\meg
CONTRACT\ Title
S-GUARD.K-4
4/29/92
Attachment - Exhibit A
-- 8 --
WATER ASSOCIATION
Co ,y APR 1 5 199
2724 "L" Strut. Bakersfield, ~lifomi. 93301
Telephone (805) 324~4~ Cl~ OF ~AK~SFIELD
WATER RESOURCES
April 10, 1992
Mr. Gene Bogart
Director of Water Resources
City of Bakersfield
4101Truxtun Avenue
Bakersfield, 93309
Dear Nr. Bogart:
'The Water Association of Kern County will once again be promoting
water'conservation through' a series of public service
television announcements.
This' program is designed to offer information to the public'
regarding the various phases of water development, delivery,
management, and use. Water Districts, Agencies, and Associations
such as the Water lssociati'on of Kern County help provide this
message through a number of special media events, public service
announcements, ,school programs and special displays, just to na~e
a few.
Because of the importance of this program to our area, especially
since we are in the clutches of a six year drought, we feel it is
very important to do everything we can to urge our residents to
become aware of our water resources and how each of thee can help
us through this dry period.
Therefore we would like to request that the Bakersfield
Ooun¢il, through its. Department of Water ~esources make a
con(¥ibutiou of $1,000 to help with the effort. We have evidence
that the program is being ~ell received by the publi~ and that
water conservation is important to eFeryone..
We appreciate your continued support for this very important and
worthwhile program.
Sincerely,.
hJ~: Ih
WATER ASSOCIATION
of Kern County
2724 "L" Street. Bakersfield. California 93301
Telephone (805)324-8440
1992 WATER AWARENESS MONTH
BOARD OF~DIRECTORS MEETING AND PRESS CONFERENCE
FRIDAY MAY 1, 1991
HODEL'S OLIVE DRIVE
7:00 to 9:00am
AGENDA
WELCOME & INTRODUCTIONS: Don Castle - President, Water Associa{'ion
WATER AWARENESS MONTH RESOLUTIONS:
*Ben Austin - Kern County Board of
Supervisors. Chairman, Southern Calif.
Water Committee
Clarence Medders, Mayor - City of
Bakersfield.
STATE WATER SUPPLY: Steve Hall, Farm Water Coalition
GOVERNOR'S WATER PLAN: Tom Clark, Engineer/Manager Kern County
Water Agency
KERN RIVER'SUPPLY: Charles Williams - Kern Watermaster
WATER AWARENESS Loron Hodge, Water Association
CAMPAIGN: Joe Scott
*Yet to be confirmed
9:lSam QUESTIONS FROM THE'AUDIENCE OR PRESS:
PROCLAMATION
MAY - 1992
WATER AWARENESS MONTH
WHEREAS, the economy of Bakersfield and Kern County is dependent upon a stable and
reliable water supply; and
WHEREAS, our water resources are received from the Kern River, Friant-Kern Canal, the
State Aqueduct, groundwater, rainfall, and snowfall; and
WHEREAS, Kern's water delivery system is one of the best in the nation, providing for
residential, commercial, industrial, agricultural, and recreational needs; and
WHEREAS, all of California. is experiencing six consecutive years of less than normal
snowfall and as a result available surface water has been reduced by over 50
percent this year, critically affecting Kern's agricultural production and
hampering the public use of many of our recreational facilities; and
WHEREAS, the need for public understanding of water...its development,, delivery,
management, and its conservation is critical to our economy and quality of
life;
NOW, THEREFORE, I, Clarence E. Medders, Mayor of the City of Bakersfield, do hereby
proclaim the month of May, 1992 as
"WATER AWARENESS MONTH"
in Bakersfield and urge all of our citizens to recognize water a.q a precious
resource we can not afford to waste.
DATED, at Bakersfield, California this 1st day of.May, 1992.
Mayor of the City of Bakersfield
511/92 CITY OF BAKERSFIELD
STATEMENT OF WATER RESOURCES POLICY
The City of Bakersfield is located in a semi-arid desert region that relies on its water
supply from the underlying groundwater basin, the Kern River, and imported sources. The
underlying groundwater basin is, andfor many years has been, in a state of severe overdraft
Therefore, the City of Bakersfield is vitally interested in preserving the quantity and quality
of its Kern River water supplies and water rights as well as all of the water resources of the
Kern County portion of the San $oaquin Valley.
The City owns extensive pre-1914 appropriative water rights which have priority dates
among the earliest on the Kern River. The Kern River was declared fully appropriated on
a year round basis on October 29, 1964 in Decision D 1196 by the California State Water
Resources Control Board, which decision was reaffirmed by the State Board in its Order
WR 89-25 dated November 16, 1989, and reaffirmed again by State Board Order WR 91-07
dated August 22, 1991. The City has also acquired appropriative rights to percolating
groundwater through extraction of such water and applying it to beneficial uses.
The City owns substantial conservation storage rights in Lake Isabella through a
contract with the United States of America. The City also owns most of the bed and flood
plain of the Kern River through the City and downstream to Interstate Highway 5. It also
owns land adjacent to the river comprising some 2800 acres where it has formally developed
groundwater spreading and recovery facilities.
With this in' mind, the City of Bakersfield hereby enumerates its basic policy designed
to preserve, protect and promote the efficient use of its water resources. Following is a
summary of the City's stated policies:
1. City owned Kern River water shah not be utilized outside the boundaries of
the San Joaquin Valley Portion of Kern County.
2. City water which returns by deep percolation to the underlying groundwater
basin through the delivery for, and beneficial uses by, the City and/or its
customers or contractors shah remain the property of the City and subject to
recapture by the City.
3. When irrigated lands now being served by Kern River water become
urbanized, the water rights related to these lands shah be protected to insure
that such water will continue to be available to satisfy the water requirements
of said lands.
4. Consistent with existing City "User Pay" policies, costs for water service shall
be paid by revenues derived from those who benefit from the water service.
5. The City is concerned with potential contamination of its water supplies and
will continue monitoring activities to prevent degradation of its water supply
sources. Water quality for domestic and agricultural uses shah be maintained
2
to meet all federal, state and local standards.
6. The City will continue to preserve its water resources to provide for the
future Orderly growth of the City, and those benefits derived from the water
fights and water properties acquired by the City from Tenneco-West, Inc. in
December of 1976 shah remain dedicated to the residents and taxpayers
within the incorporated boundaries of the City of Bakersfield.
7. The City shah continue to encourage conservation, recycling and reclamation
of aH water resources to make it available for beneficial uses in a safe and
efficient manner.
8. The City of Bakersfield supports groundwater management including
conjunctive use of surface water and groundwater under local programs that
enhance and benefit the Kern County portion of the San $oaquin Valley
Groundwater Basin.
9. The City shall continue its policy to acquire river flood plain properties
deemed essential to carry out and implement the goals of the Kern River
Plan; including the City's adopted Kern River Channel Maintenance Program
and the Kern River Parkway Plan.
10. The City will participate with other Kern River interests in the protection,
enhancement and efficient management of all Kern River water.
11. All records of Kern River water supplies, including Watermaster records and
all spreading and extraction of water, shall continue to be maintained by the
City's Water Resources Department.
12. Pursuant to the Kern River Plan, it is the policy of the City to
establish a minimum annual flow of water in the Kern River
channel between Manor Street and Stockdale Highway Bridge
as soon as possible.
13. The City Manager, City Attorney, City Water Consultant and the Water
Resources Director shall be responsible for monitoring all water related
activities concerning the City of Bakersfield and shall report any deviations
from the above stated policies to the City Water Board for remedial
action.
4
DoMEsTIC WATER ENTERPRISES
MAINLINE EXTENSION REFUND REASSIGNMENTS
Water Board Meeting - City of Bakersfield
May 5, 1992
Tract/
Water Board Parcel Remaining
Reassigned to % No. Ma~ Balance
Mark or Candace Leonard 2½% 88-17 W.B. TR ~5033-1 $ 43,380.'61
Custodian for James Leonard TR #5034-1
Under the California Gifts to
Minors Act
663 Berry Avenue
Los Altos, CA 94024
Robert W. Dauterman 2½% 88~9 W.B. TR #5034-3 10,276.55
114 La Quebrada Way
San Jose, CA 95127
George M. & Barbara M. Rugtiv 2½% 89-08 W.B. TR #5034-4 20,328.10
as Community Property
25526 Adobe Lane
Los Altos Hills, CA 94022
George M. & Barbara M. Rugtiv 2½% 91-04 W.B. TR ~5034-5 44,582.50
as Community Property
25526 Adobe Lane
Los Altos Hills, CA 94022
Sandra Denhart 2½% 91-05 W.B. TR #5033-2 20,569.00
445 Elwood Avenue
.Oakland, CA 94610-1938
TOTAL AMOUNT IS ................................ $139,136.76