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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