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HomeMy WebLinkAbout10/13/99 WATER BOARD Mark C. Salvaggio, Chair David Couch, Vice Chair Irma Carson CITY OF BAKERSFIELD WATER BOARD MEETING WEDNESDAY, OCTOBER 13, 1999 - 4:30pm Water Resources Building Conference Room 1000 Buena Vista Road, Bakersfield, CA AGENDA l). CALL MEETING TO ORDER 2). ROLL CALL 3). APPROVAL OF AUGUST 18, 1999 MEETING MINUTES 4). PUBLIC STATEMENTS Dr. Robert Reed - Fluoridation of public water supply 5). KERN RIVER OPERATIONS REPORT ' 6). OLD BUSINESS A. NORTHEAST BAKERSFIELD WATER SUPPLY PROJECT - For Board information B. KERN RIVER PARKWAY WATER SUPPLY MANAGEMENT AGREEMENT - For Board Approval and recommendation to City Council 7). NEW BUSINESS A. WATER BOND (ABI584) & PARK BOND (ABI8) MEASURES - For Board information 8). WATER BOARD MEMBER COMMENTS 9). CLOSED SESSION CONFERENCE WITH LEGAL COUNSEL -- EXISTING LITIGATION. CLOSED SESSION PURSUANT TO SUBDIVISION (A) OF GOVERNMENT CODE SECTION 54956.9. CITY OF BAKERSFIELD, ETC. V. KERN DELTA, ETAL.; VENTURA COUNTY SUPERIOR COURT CASE NO. CIV 191554 10). CLOSED SESSION ACTION Gene Bogart/ Water Res~ urceXS-l~anager POSTED: October 8, 1999 S:WBAGOC 13 1000 BUENA VISTA ROAD · BAKERSFIELD, CALIFORNIA 93311 ° (661) 326-3715 MINUTES OF THE REGULAR MEETING :: OF THE WATER BOARD - CITY OF BAKERSFIELD Held Wednesday, August 18, 1999, Water Resources Conference Room, 1000 Buena Vista Road, Bakersfield, CA 93311. 1. The meeting was called to order by Board Chair Salvaggio at 4:31 p.m. 2. Present: Mark Salvaggio, Chair David Couch, Vice-Chair Irma Carson (seated at 4:45 p.m.) 3. Board Member Couch made a motion to approve the minutes of the Special Water Board meeting held June 21, 1999. Motion carried. 4. Public statements: Ms. Robyn Cady, a local business owner and Chairperson of the California Trucking Association representing her unit, spoke concerning her organization's opposition to the Kern River alignment for Route 58 and the safety issue it will present. Ms. Cady spoke of the need for safe highways, containment of toxic spillage and concerns of priorities on moving traffic over environmental quality issues. Board Member Couch asked Mr. Bogart to provide Ms. Cady with a copy of the proposed Allen Road overcrossing alignment. Board Member Couch also gave Ms. Cady the opportunity to put the concerns of the California Trucking Association's position in writing to him regarding the Freeway. 5. An update on the current Kern River operations was given by Hydrographic Supervisor Steve Lafond. The flow of the Kern River reached its peak level in late May and levels now are approaching 200 cfs, which is the lowest flow rate experienced since August of 1994. Lake Isabella storage reached approximately 334,000 acre feet in early June. The lake storage levels will near 200,000 acre feet by late October. Mr. Bogart stated that being the fall season will have very low flows in the Kern River, it will be an opportune time for the Intake Structure of the Northeast Project to be constructed. Bids should be going out on the Intake Structure and coming through the City Council level in the near future. For Board information, no action required. 6. Old Business 6A. A status report was given by Mr. Bogart on the Kern River Parkway Water Supply Management Agreement. The goal with this Agreement is to get water in the river more often in the recreational summer months, mainly May through September, for the citizens of Bakersfield to enjoy. This water supply would be a joint effort of ID4 of the Kern County Water Agency and the City of Bakersfield. The Agreement will go before the Agency Board for approval and then back before the Water Board in final form at the next scheduled Water Board meeting. For Board information, no action required. 7. New Business. 7A. The Participation in energy options investigation for the 2800 Acres and Interface Project was brought before the Board by Mr. Core. The Kern Water Bank Authority has invited the City to participate in an investigation aimed at reducing energy costs. The City cost allocation for this investigation is $7,500; staff is requesting this amount to join in with the group to investigate the possibility of securing lower power rates. A motion for approval was made by Board Member Couch. Motion carried. 7B. Mr. Core presented one Domestic Water Main Extension Contract reassignment. The' amount of payment does not change in this reassignment, it simply changes the name of who receives the refund. For Board information, no action required. 7C. Mr. Bogart presented a soils survey map for the metro area. At the July 21 st Council meeting Council Member Couch asked that staff do a review of soil types in the general Bakersfield and metropolitan area to see where future potential recharge areas could be located. Mr. Bogart introduced staff member Tera Entenman to brief the Board on the soils data. With the growth in the south side of town the City should seriously consider incorporating both drainage basins and recharge areas to provide water. Board Member Couch recommended that this information be forwarded to the Urban Development committee for their consideration. A motion was made by Board Member Couch to this effect. Motion carried. 7D. A request from Coleman Property Management for a five year extension of the Carrier Canal Development Agreement was brought before the Board by Mr. Bogart. Coleman Property Management owns the property on both sides of the canal and wants to cover it, at their own expense, with a wide bridge crossing to gain access to a storage area. This will not involve any detriment to City facilities in any way or change terms and conditions of the agreement. Board Member Carson made a motion for approval of this agreement. Motion carried. 8. There were no Water Board Member comments. 2 9. Closed Session. Adjoumed to Closed Session at 5:34 p.m. Conference with legal counsel - existing litigation. Closed Session pursuant to subdivision (A) of Government Code Section 54956.9. City of Bakersfield, etc. v. Kern Delta, et al.; Kern County Superior Court Case No. 239088. The meeting reconvened at 5:55 p.m. 10. No action taken, legal update by Counsel. 11. A motion to adjourn was made by Board Member Couch at 5:56 p.m. Mark Salvagg~o, C~mr ,re,,, City of Bakersfield Water Board Sharon Robison, Secretary City of Bakersfield Water Board S:\WBMINUTES 1999/WBMin8-18 3 ISABELLA RESERVOIR DAILY OPERATIONS REPORT (All readings are for date of report (THURSDAY) as of 0001, except as noted.., cfs in italics) Date of Report: October 7, 1999 ISABELLA RESERVOIR 1 2562.51 Lake Elevation (ft.) 182791 Storage (AcFt) -690 Change (AcFt) 124 Inflowto Isabella (cfs) 2 568075 Storage Capacity 32% % of Capacity 175220 Normal Storage 104% % of Normal Storage For this Date 3 6268 Average Lake Area (Acres) 1734 Inflow(Month) 5205 Outflow(Month) 4 155 North Fork Mean 159 North Fork @ 0600 Hours 475475 Accumulative Inflow (98-99 WY) 5 413 Mean Outflow 0 Borel Canal 413 Main Dam Outlet 611864 Accum. Outflow(WY) 6 410 Outflow@ 0600 0 Borel Canal @ 0600 Hours 410 Main Dam Outlet @ 0600 Hours Hours 7 59 Lake Evap. (cfs) 0.24 Inches Evap. for 24 Hours 946 Lake Evap. (Month to Date) 8 0 Spillway Discharge for 24 Hours PRECIPITATION AND TEMPERATURE 9 0.00 Inches of Precipitation at Isabella for 24 Hours 0.00 Inches of Precipitation at Isabella for Month 10 0.00 Seasonal Precip. Isabella 0.07 Normal for 0% Isabella Precip.. (Season: Oct 1 through Sap 30) this Date % of Normal 11 0.00 Inches of Precipitation at Pascoe for 24 Hours 0.00 Inches of Precipitation at Pascoe for Month 12 0.00 Seasonal Precip. Pascoe 0.32 Normal for 0% Pascoe Precip. this Date % of Normal 13 0.0 Upper Tyndall Creek 0.0 Pascoe 0.0 Wet Meadow 14 64 Isabella Maximum Temperature 15 56 Isabella Minimum Temperature 112 24 Hour Wind Movement (Miles) NATURAL RIVER FLOW 16 173 Natural FIow(cfs) 1780 Natural Flow(Month to Date) 252627 1999April-July Runoff 17 287 Mean Flow 60% Natural Flow 235 Median Flow 74% Natural Flow For this Date in % of Mean For this Date in % of Median 18 1497 Max. on Record 90 Min. on Record 501213 Accum. Natural Flow (Water Year) For this Date For this Date 19 433 First Point Flow 5251 First Point (Month to Date) 635044 Accum. First Point (Water Year) - KERN RIVER FACTS & FIGURES: 6 A I~ E R $ F I E ~ On this date in 1956, heavy precipitation fell on the Kem River canyon below Lake Isabella, contributing to a peak instantaneous discharge at Kern River First Point of Measurement Produced by City of Bakersfield estimated at 7,000 cubic feet per second. Kern River mean natural flow reached 1,497 cfs, Water Resources the highest flow of Kem River for this date in history. (661) 326-3715  CITY OF BAKERSFIELD STATUS OF LONG TERM CONTRACTS Quantities in acre-feet NORTH KERN WATER STORAGE DISTRICT CAWELO WATER DISTRICT Basic Cumulative Basic Cumulative Basic Basic Cumulative Basic Cumulative Basic Contract Contract Contract Contract Contract Contract Contract Contract Contract Contract Yea._~._~_r Amount Amount Delivered Delivery Balance Year Amount Amount Delivered Delivery Balance 1977 20,000 20,000 20,000 20,000 0 1977 27,000 27,000 5,024 5,024 (21,976) 1978 20,000 40,000 20,000 40,000 0 1978 27,000 54,000 35,404 40,428 (13,572) 1979 20,000 60,000 20,000 60,000 0 1979 27,000 81,000 36,780 77,208 (3,792) 1980 20,000 80,000 20,000 80,000 0 1980 27,000 108,000 30,792 108,000 0 1981 20,000 100,000 20,000 100,000 0 1981 27,000 135,000 27,000 135,000 0 1982 20,000 120,000 20,000 120,000 0 1982 27,000 162,000 27,000 162,000 0 1983 20,000 140,000 20,000 140,000 0 1983 27,000 189,000 27,000 189,000 0 1984 20,000 160,000 20,000 160,000 0 1984 27,000 216,000 27,000 216,000 0 1985 20,000 180,000 20,000 180,000 0 1985 27,000 243,000 27,000 243,000 0 1986 20,000 200,000 20,000 200,000 0 1986 27,000 270,000 27,000 270,000 0 1987 20,000 220,000 20,000 220,000 0 1987 27,000 297,000 27,000 297,000 0 1988 20,000 240,000 20,000 240,000 0 1988 27,000 324,000 12,821 309,821 (14,179) 1989 20,000 260,000 20,000 260,000 0 1989 27,000 351,000 22,460 332,281 (18,719) 1990 20,000 280,000 20,000 280,000 0 1990 27,000 378,000 17,723 350,004 (27,996) 1991 20,000 ' 300,000 20,000 300,000 0 1991' 27,000 405,000 29,316 379,320 (25,680) 1992 20,000 320,000 14,381 314,381 (5,619} 1992 27,000 432,000 28,868 408,188 /23,812) 1993 20,000 340,000 23,700 338,081 (1,919) 1993 27,000 459,000 32,000 440,188 (18,812) 1994 20,000 360,000 20,000 358,081 (1,919) 1994 27,000 486,000 23,760 463,948 (22,052) 1995 20,000 380,000 21,919 380,000 0 1995 27,000 513,000 32,000 495,948 (17,052) 1998 20,000 400,000 20,000 400,000 0 1996 27,000 540,000 32,000 527,948 (12,052) 1997 20,000 420,000 20,000 420,000 0 1997 27,000 567,000 32,000 559,948 (7,052) 1998 20,000 440,000 20,000 440,000 0 1998 27,000 594,000 32,000 591,948 (2,052) 1999 20,000 460,000 20,000 460,000 0 1999 27,000 621,000 29,052 621,000 0 KERN-TULARE WATER DISTRICT RAG GULCH WATER DISTRICT Basic Cumulative Basic Cumulative Basic Basic Cumulative Basic Cumulative Basic Contract Contract Contract Contract Contract Contract Contract Contract Contract Contract Year Amount Amount Delivered Delivery Balance Year Amount Amount Delivered Delivery Balance 1977 20,000 20,000 4,673 4,673 (15,327) 1977 3,000 3,000 449 449 (2,551) 1978 20,000 40,000 23,690 28,363 (11,637) 1978 3,000 6,000 3,550 3,999 (2,001) 1979 20,000 60,000 24,122 52,485 (7,515) 1979 3,000 9,000 3,550 7,549 (1,451) 1980 20,000 80,000 23,403 75,888 (4,112) 1980 3,000 12,000 3,550 11,099 (901) 1981 20,000 100,000 23,700 99,588 (412) 1981 3,000 15,000 3,550 14,649 (351) 1982 20,000 120,000 20,412 120,000 0 1982 3,000 18,000 3,351 18,000 0 1983 20,000 140,000 4,587 124,587 (15,413) 1983 3,000 21,000 600 18,600 (2,400) 1984 20,000 160,000 20,000 144,587 (15,413) 1984 3,000 24,000 3,000 21,600 (2,400) 1985 20,000 180,000 20,000 164,587 (15,413) 1985 3,000 27,000 3,000 24,600 (2,400) 1986 20,000 200,000 20,000 184,587 (15,413) 1986 3,000 30,000 3,000 27,600 (2,400) 1987 20,000 220,000 20,000 204,587 (15,413) 1987 3,000 33,000 3,000 30,600 (2,400) 1988 20,000 240,000 11,763 216,350 (23,650) 1988 3,000 36,000 1,764 32,364 (3,636) 1989 20,000 260,000 16,635 232,985 (27,015) 1989 3,000 39,000 2,495 34,859 (4,141) 1990 20,000 280,000 0 232,985 (47,015) 1990 3,000 42,000 0 34,859 (7,141) 1991 20,000 300,000 20,000 252,985 (47,015) 1991 3,000 45,000 3,000 37,859 (7,141) 1992 20,000 320,000 9,089 262,074 (57,926) 1992 3,000 48,000 1,363 39,222 (8,778) 1993 20,000 340,000 29,332 291,406 (48,594) 1993 3,000 51,000 4,394 43,616 (7,384) 1994 20,000 360,000 18,348 309,754 (50,246) 1994 3,000 54,000 2,753 46,369 (7,631) 1995 20,000 380,000 32,733 342,487 (37,513) 1995 3,000 57,000 4,993 51,362 (5,638) 1996 20,000 400,000 23,700 366,187 (33,813) 1996 3,000 60,000 3,550 54,912 (5,088) 1997 20,000 420,000 23,700 389,887 (30,113) 1997 3,000 63,000 3,550 58,462 (4,538) 1998 20,000 440,000 23,700 413,587 (26,413) 1998 3,000 66,000 3,550 62,012 (3,988) 1999 20,000 460,000 23,700 437,287 (22,713) 1999 3,000 69,000 3,550 65,562 (3,438) PIPELINE TO HART PARK KERN CANAL TO RIVER HART PARK RAW WATER ALFRED HARRELL HIGHWAY INTAKE -~----%.~,.~ - KERN COUNTY SOCCER PARK MORNING DRIVE BIKE PATH RAW WATER CALIFORNI.e PUMP LIVING ,~',~;1~ STATION MUSEUM BURIED 54'INCH RAW WATER PIPELINE WATER TREATMENT PLANT SITE MORNING DRIVE BIKE ,. PATH [ '~T"~ ;~': ,~ ·" CONTINUES " . TO FAIRFAX ~ r : ', ~: ~',t.,7 : ._n WATER ~ ~ . PIPELINE .~ ' . - ~ORNING '~'"~' :' ' , DRIVE .-. .:,/'~;,.. ox. 2000' "' DRAFT 10/08/99 KERN RIVER PARKWAY WATER MANAGEMENT AGREEMENT THIS AGREEMENT is made and entered into on ' q999, by and between the CITY OF BAKERSFIELD, a chartered municipal corporation, referred to herein as "CITY," and KERN COUNTY WATER AGENCY, acting for and on behalf of IMPROVEMENT DISTRICT NO. 4, a special act public entity, referred to herein as "ID4." RECITALS A. The Kern River Parkway was adopted in 1988 as a comprehensive plan to provide for flood control, groundwater recharge, recreation and preservation of natural resources in the Kern River Channel that enhances the quality of life for all citizens; and B. CITY is owner.of a substantial portion of Kern River water rights, canals and properties associated with operation of Kern River and is responsible for the transportation and delivery of Kern River water to points downstream in accordance to the Miller-Haggin Agreement dated July 28, 1888; and C. CITY utilizes the Kern River Channel throughout the Kern River Parkway to meet its obligation under the Miller-Haggin Agreement and is desirous of maintaining, at a minimum, historical quantities of recharge resulting from CITY utilization of the Kern River Channel; and D. CITY wishes to modify its use of Carrier Canal to the benefit of the Kern River Parkway through coordination with ID4 such that historical quantities of recharge of Kern River water are improved; and E. ID4 has an annual entitlement of 82,946 acre-feet of water on the State Water Project CSWP" herein) and conducts an extensive groundwater recharge program and has historically utilized the Kern River Channel throughout the Kern River Parkway as a primary feature of its recharge program to replenish the aquifer that underlies the district; and F. ID4 and CITY have heretofore entered into a Water Exchange Agreement, commonly referred to as Truxtun Lake Agreement CTruxmn Lake Agreement" herein), dated July 1, 1988, attached hereto and incorporated herein by reference; and G. ID4 has previously entered into cooperative Exchange Agreements with Kern-Tulare Water District and Rag Gulch Water District, dated August 8, 1988, attached hereto and incorporated herein by reference, pursuant to which ID4 takes delivery of Basic Contract water (" Basic Supply" herein) provided by CITY from Kern River in conformance with the provisions contained therein; and H. CITY and the Kern County Water Agency have heretofore executed a Joint Resolution dated November 1996, for the Establishment of a Water Recreation and Recharge Program for the.Kern River Parkway that directed their respective staffs to proceed with the development of :a~ate3 management program designed to maximize and increase flows in the Kern River Parkway~,'~ir!g the recreation season. This was to be accomplished through the coordination of water resourc0S~' and faCilities available to both parties; and I. ID4 and CITY have .determined a water management program ,that ~ld facilitate the commitment of a portion of the water supplies and facilities available to ID4 and CITY for the Kern River Parkway without significantly increasing the operating costs of either entity would be appropriate to achieve the goals of the Joint Resolution; and J. ID4 has as a long-term objective for its water supply management program the development of a supply for the district that is independent of the SWP. It is anticipated that this will be accomplished through water management opportunities with water districts utilizing Kern River and Friant-Kern supplies and CITY agrees to cooperate with ID4 in development of such long-term exchange programs. NOW, THEREFORE, incorporating the foregoing recitals herein, CITY and ID4 agree as follows: 1. TERM AND RENEWAL. The initial term of this Agreement shall be for five (5) years commencing January 1, 2000 and terminating December 31, 2004. At the end of the five-year initial term period, this Agreement will automatically renew annually unless either party notifies the other of its election to terminate the Agreement within one hundred eighty (180) days of renewal date. 2. KERN RIVER PARKWAY. a. Recharge Area. For-purposes of this Agreement, the Kern River Parkway ("Parkway" herein) recharge area shall include the Kern River Channel from Rocky Point Weir (approximately 2.0 miles east of Manor Street) extending downstream to the western boundary of ID4 (approximately 1.0 miles west of Stockdale Highway Bridge), the Truxtun Lakes recharge area and the Carrier Canal. b. Recharge Capacity. For purposes of this Agreement, Parkway recharge capacity shall mean the combined recharge capacity of the Kern River Channel between Rocky Point Weir and the western boundary of ID4, Truxtun Lakes and Carrier Canal. Based upon the historical period of 1979 through 1995, the following average daily recharge quantities will be used by CITY and ID4 as an operational tool to assist in the development and coordination of Parkway recreational flow schedules (figures represent continuous flow operation): Page 2 (1) Kem River Channel. Average daily recharge for the Kern River Channel between Rocky Point Weir and the western boundary of ID4 shall,~e 145 · ' ' WS ' cubic feet per second ( cfs heretn), apportioned as follo . (a) Rocky Point We~r to Calloway R~ver We~r; 15 (b) Calloway River Weir to River Canal (c) River Canal Weir to Bellevue Weir; 40 (d) Bellevue Weir to western boundary of ID4; 15 cfs. (2) Truxmn Lakes. Average daily recharge for the Truxtun Lakes recharge area shall be 10 cfs. (3) Carrier Canal. Average daily recharge for the Carrier Canal shall be 15 cfs. c. Recharge Rate. For operational purposes of this Agreement, the average daily recharge within the Parkway, reflecting the sum of the recharge rates of the Kern River Channel between Rocky Point Weir and the western boundary of ID4, Truxtun Lakes and Carrier Canal shall be 170 cfs. CITY and ID4 will make such adjustments as are necessary to Parkway recreational flow schedules to reflect actual recharge conditions. d. Diversion Points. Major river weirs located within the Parkway recharge area to be used as diversion points for recharge under this Agreement will be Rocky Point Weir, Calloway River Weir, River Canal Weir and Bellevue Weir. Water deliveries into the Parkway can currently be accomplished through operation of Rocky Point Weir on Kern River, Calloway culvert from Carrier Canal, Truxtun Lakes, Pioneer Canal extension (Pioneer Turnout), Cross Valley Canal River Turnouts //2,//3 and//4 and the Friant-Kern Canal. Canals that divert water from the Kern River Channel within the Parkway include Carrier Canal, Calloway Canal, Calloway culvert to Carrier Canal, Kern River Canal, Rosedale Channel, Pioneer Canal and Berrenda Mesa Turnout. 3. RECREATION SEASON. For purposes of this Agreement, recreation season shall be defined as the period commencing May 1st and extending through September 30th of each year. Peak recreational periods shall include Memorial Day, Independence Day and Labor Day. Unless and except as otherwise mutually agreed to by both CITY and ID4, Parkway recharge operations during peak recreational periods will consist Of, at a minimum, five (5) consecutive days of recreational flow to coincide with each of the three major holidays (example: continuous Parkway recharge operations during the period of July 2~a through July 6~h to coincide with Independence Day). 4. ID4 WATER USE PRIORITY. It is recognized by the parties hereto, that nothing in this Kern River Parkway Water Management Agreement shall otherwise diminish or impede the ability of ID4 to provide annual deliveries of up to 37,500 acre-feet to the purveyors receiving drinking water from the Henry C. Gamett Water Purification Plant, in accordance with existing contracts and the ID4 Resolution of Formation. Page 3 5. WATER SUPPLY. a. ID4. ID4 will provide the following water supply for the Parkway, whi~h~i~!~or~ fully delineated on Exhibit "A", attached hereto and incorporated herein by reference: ...... ~ (1) Peak Recreation Periods. In years when the allocation. -.~ of efitifi'~ment to ID4 on the SWP is fifty percent (50%) or greater, I~g ~i~rovide finn delivery of 7,500 acre-feet of its water supply aff~:,~lfillment of its water delivery obligation to the Henry C. Ga~ett .Water Purification Plant as determined by ID4 on an annual basis, for recharge during peak recreational periods on the Kern River. The delivery schedule for these flows will be as mutually agreed upon by ID4 and CITY. (2) Recreation Season Mutual Commitment. In years when the allocation of entitlement to ID4 on the SWP is seventy percent (70%) or greater, ID4 shall commit 5,000 acre-feet of its supply for recharge during the recreation season. The delivery of these recreation season flows will be coordinated with CITY to provide for maximum visibility and recreational activity within the Parkway. (3) Optimum Recharge Goal. In addition to the above firm recharge commitments, it shall be the goal of ID4 to provide a minimum of fifty percent (50%) of the remaining ID4 supply for the year for recharge during the recreation season, excluding current water exchange obligations set forth in previous agreements, which water exchange obligations are more fully delineated on Exhibit "B", attached hereto and incorporated herein by reference. b. CITY. CITY will provide the following water supply for the Parkway, which is more fully delineated on Exhibit "A", as follows: (1) Recreation Season Mutual Commitment. In years when Kern River April through July snowmelt runoff equals or exceeds seventy percent (70 %) of the long-term average, CITY shall provide the following: (a) A minimum of 6,000 acre-feet for recharge in the Kern River Channel during the recreation season. (b) A minimum of 5,000 acre-feet for recharge in the Carrier Canal during the recreation season. (2) Optimum Recharge Goal. In addition to the above firm recharge commitments, it shall be the goal of CITY to maintain and preserve Kern River recharge quantities within the Parkway resulting from CITY's utilization of the Kern River Channel and Carrier Canal during the recreation season after meeting Basic Contract obligations. Should any future structural modiftcation of Carrier Canal impede or reduce CITY's ability to meet the recharge requirement specified in Paragraph 1 (b) above, any such balance of Carrier Canal recharge not met will be added to CITY's Kern River Channel recharge commitment. Page 4 c. Banking Operations. CITY and ID4 will jointly administer water banking operations within the Parkway in accordance with the Pi6neer Project Joint Operating AgreemegLdated December 31 1996. ~' ...... ~:~ ..... d. Friant-Kern Floodwater. The priority for Friant-Kern floodwate?~,~eht~ifig the Kern River Channel below the terminus of the Friant-Kern Canal shall be in accordance with'th~ Pioneer Project Joint Operating Agreement and the parties hereto further agree to dediCate,',SUch· recharge of Friant-Kern floodwater occurring within the Parkway between the point of Friant-Kern~"Canal discharge to the Kern River Channel and the western boundary of the Parkway to the overall benefit of the current and future water users within CITY and ID4. ~'~':.'::::':'" 6. WATER PLANNING. On or about March 1st of each year throughout the term of this Agreement, CITY and ID4 will exchange preliminary delivery schedules using best forecasts of their available water supply, CITY and ID4 will coordinate said water delivery schedules to reflect the terms of this Agreement. A final delivery schedule for Parkway recharge operations will be submitted by May 1st of each year for approval by the CITY Water Board and the Kern County Water Agency Board of Directors. 7, PARKWAY OPERATIONS. a. Rocky Point Weir to Calloway River Weir. For purposes of this Agreement, whenever the sum of the flow diverted at the head of the Carrier Canal and the flow passing downstream of Rocky Point Weir equals or exceeds 750 cfs (normally between May and August), CITY will assume recharge losses occurring in the reach of Kern River Channel extending to the Calloway River Weir under its Miller-Haggin obligation, notwithstanding that ID4 Calloway Canal operations or other Kern River or canal uses-below the Calloway River Weir may be subject to a proportionate share of such recharge losses as measured and determined by CITY. It is the intent of the parties hereto to establish and maintain a continuous year-round stream channel on Kern River from Rocky Point Weir to the Calloway River Weir to the extent that water supplies are available for such uses. b. Calloway River Weir to River Canal Weir. For purposes of this Agreement, whenever the sum of the flow of Carrier Canal below the Farmers-Stine-Anderson Weir and the flow passing downstream of the Calloway River Weir equals or exceeds 750 cfs (normally between mid-June and mid-August), CITY shall assume recharge losses occurring in the reach of Kern River Channel extending to the River Canal Weir under its Miller-Haggin obligation, notwithstanding that ID4 Kern River or canal uses below the River Canal Weir may be subject to a proportionate share of such recharge losses as measured and determined by CITY. c. River Canal Weir to Bellevue Weir. For purposes of this Agreement, whenever the sum of the Kern River flow in the Kern River Canal at Stockdale Highway and the Kern River flow passing downstream of the River Canal Weir equals or exceeds 900 cfs, CITY shall assume recharge losses occurring in the reach of Kern River Channel extending to the Bellevue Weir under its Miller- Haggin obligation, notwithstanding that ID4 Kern River or canal uses below the Bellevue Weir may be subject to a proportionate share of such recharge losses as measured and determined by CITY. In the event that CITY water commingles with ID4 water as a result of CITY water deliveries occurring between River Canal Weir and Bellevue Weir, CITY will assume five (5) cfs ofrecharge losses or the actual recharge loss if less than 5 cfs, for each such day that CITY deliveries are made. Page 5 d. Bellevue Weir to ID4 western boundary. For purposes of this Agreement, whenever Second Point Group demand for Kern River water at Second Point of Measurement equals or exceeds 750 cfs (above normal years), CITY shall assume recharge losses occurring in the rea~h?°f',K~rn River Channel extending to the ID4 western boundary under its Miller-Haggin obligation..?~}i,~3x~ e. Truxtun Lakes. CITY and ID4 shall ,lo~ntly coor&nate and sched~l~ dehvenes of their respective available Parkway supplies to ensure the daily year-round opefiifionof the Truxtun Lakes recharge area. In general, the priorities for water deliveries to the Trux~n ~'~es recharge area are as follows: ~!?:' 1. CITY Kern River water that would otherwise be used for basin overdraft correction. 2. Basic Supply not required to fulfill Henry C. Garnett Water Purification Plant demand and associated diversion losses. 3. ID4 Kern River water acquired through exchange for the purpose of groundwater replenishment operations of district. 4. ID4 Friant-Kern water acquired through exchange for the purpose of groundwater replenishment operations of district. 5. ID4 SWP water to be used for the purpose of groundwater replenishment operations of district. 6. ID4 SWP water owed to CITY under Truxtun Lake Agreement. 8. RECREATIONAL FLOW PRIORITY. Whenever Parkway water supplies are limited (less than 50 % allocation of ID4 entitlement on the SWP), the priority for p'oints of delivery within the Parkway are as follows: 1. Truxtun Lakes recharge area. 2. Kern River Channel between Rocky Point Weir and Calloway River Weir. 3. Kern River Channel between Calloway River Weir and River Canal Weir. 4. Kern River Channel between River Canal Weir and Bellevue Weir. 5. Kern River Channel between Bellevue Weir and ID4 western boundary. Page 6 9. TRUXTUN LAKE EXCHANGE DELIVERIES. CITY and ID4 agree that this Agreement neither replaces nor amends Truxtun Lake Agreement but merely supplements t, he, ~ame. Furthermore, in order to clarify the terms and conditions under which delivery of ID4 water owed C~Y is to occur, the parties agree to the following: a. In years when ID4 is allocated less than fifty percent (50%):of its SWP entitlement, CITY shall have first call on up to fifty percent (50%) on any ID4 Wate~?~not required for Henry C. Garnett Water Purification Plant use, including conveyance losses, for ope~rati°n of the Truxtun Lakes recharge area during the recreation season. ,~, ~, b. In years when ID4 is allocated fifty percent (50%) or greater of its SWP entitlement, CITY may take delivery of ID4 water owed CITY under mutually agreeable times and rates of flow in the event that water supplies developed under terms of this Agreement are not adequate to maintain continuous operation of the Truxtun Lakes recharge area. c. Any such deliveries under the above provisions shall be separate from ID4 Parkway water supplies set forth in Paragraph 5 of this Agreement and shall be deducted from any balance of water owed to CITY by ID4 and arising from operation of Truxtun Lake Agreement. d. It is understood by the parties hereto that all water owed to CITY under the Truxtun Lake Agreement shall only be delivered to the Truxtun Lakes recharge area or other mutually agreeable recharge facility located within ID4. 10. WATER QUALITY. In order to preserve the historical high quality groundwater aquifer underlying the Parldvay, CITY and ID4 agree that, whenever possible, recharge within the Parkway will consist of Kern River water and other high quality waters in order to enhance and maintain the highest water quality underlying the Kern River Channel. 11. MUTUAL COMMITMENT. In consideration of CITY and ID4's mutual commitment to the Parkway water management program, and to meet the goal of providing the highest quality Kern River water for use within the CITY and ID4, ID4 and CITY agree to the following: a. ID4 Exchanges. If and when, during the term of this Agreement, ID4 negotiates new, contracts with third parties for exchange of ID4 SWP water supply, ID4's recharge commitment to the Parkway as set forth herein shall be incorporated as a provision of the new contract. b. Right of Substitution. ID4 shall have a priority position to substitute its water supplies for CITY Kern River water being delivered to areas outside CITY and ID4 boundaries, for use within ID4. (1) Said substitution right shall not alter or amend existing Exchange Agreements between ID4 and Kern-Tulare Water District and ID4 and Rag Gulch Water District. (2) ID4 shall be responsible to make such arrangements as are necessary with any third party, such as a Basic Contractor of CITY, for the substitution of its water supplies for CITY Kern River water. Page 7 (3) The right of substitution shall not be used by ID4 for the purpose of selling, exchanging or transferring CITY Kern River water to others in competition with CITY. (4) Other than as specified in this Agreement, CITY Basic Cofikact:: water which may be utilized by ID4 under this substitution prOVis!oh'~Shall be delivered by CITY during the March through .. AUgust period in conformance with delivery schedules as outlined.ih!:;E~ibit "B" of the Basic Contracts. Any ID4 request for deviatibn from said delivery schedules will require prior written approval of CITY. (5) If and when, during the term of this Agreement, CITY negotiates new contracts with third parties for sale of CITY Kern River water to areas outside CITY and ID4 boundaries, ID4 right of substitution as set forth herein shall be incorporated as a provision of the new cdntract. (6) Upon completion of CITY Basic Contract obligations, CITY shall determine water needs and demands within the incorporated boundary of CITY. Such determined needs shall be given top priority to available quantities of CITY Kern River water. After satisfying the water needs and demands of CITY and any extension of Basic Contract deliveries to which CITY may be obligated, CITY shall notify ID4 of any CITY Kern River water which may become available for use by ID4 within its boundaries. c. Basic Supply Delivery Schedule. For purposes of this Agreement, CITY and ID4 agree to use the following monthly delivery schedules of Basic Supply for delivery to ID4 during the term of this Agreement (quantities in acre-feet): (1) Kern~Tulare Water District: Month Normal Delivery Maximum Delivery March 1,740 2,040 April 2,175 2,565 May 3,045 3,610 June 3,475 4,130 July 3,475 4,130 August 3,475 4,130 September 2,615 3,095 Total 20,000 23,700 (2) Rag Gulch Water District: Month Normal Delivery Maximum Delivery March 260 310 April 325 385 May 455 540 June 525 620 July 525 620 August 525 620 September 385 455 Total 3,000 3,550 Page 8 (3) CITY will assume any Isabella Reservoir evaporation loss that may result from extension of the Basic Supply schedule delivery as set forth above. d. Isabella Reservoir Storage. Throughout the term of this Agreement, !~ill be permitted to store Kern River water acquired by exchange w~th Kern River Interests other thhn.iCITY for the purpose of regulation of ID4's water supplies in CITY Isabella Reservoir storage spa¢~ :~h4never and to the extent that CITY determines that storage space is available for use by and ID4 agree to the following: :.~. ?,,, (1) ID4 water stored in CITY storage space hereunder shall bear its own evaporation loss as proportioned among the Isabella Reservoir storage entities by the Kern River Watermaster on a daily basis. (2) ID4 water held in CITY storage space shall be the first water released from CITY storage space in the event CITY should be ordered by the U.S. Army Corps of Engineers to evacuate water stored in CITY storage space due to flood control or any other purpose. (3) For any year during which ID4 makes use of CITY storage space, ID4 shall pay to CITY an annual storage charge to be calculated by the Kern River Watermaster in accordance with Paragraph 9 of the Kern River Water Rights and Storage Agreement, dated December 31, 1962. (4) ID4 water stored in CITY storage space, if any, between December 1st and January 31~ (winter carryover period) shall be limited to a maximum amount of 5,000 acre-feet. e. Carrier Canal. ID4 will be permitted to take delivery of all or portions of its acquired Kern River water, including Basic Supply, through the Carrier Canal during periods when CITY determines that sufficient CITY capacity is available and CITY and ID4 agree to the time, place, duration and cost of such deliveries. For purposes of this Agreement, Carrier Canal shall include 3.3 miles of upper canal reach, extending from the Carrier Canal headgate at Rocky Point Weir downstream to the Farmers-Stine-Anderson Weir and 5.2 miles of lower canal reach extending from the Farmers- Stine-Anderson Weir downstream to the terminus of the Carrier Canal at the present location of the Arvin-Edison Turnout Facility. 12. COORDINATION AND RECORD KEEPING. a. The CITY is responsible for the day-to-day operation of the Kern River Channel, TrUxtun Lakes recharge area and Carrier Canal. ID4 will designate a contact person to coordinate ID4 activities with the CITY. b. The CITY will provide daily record keeping for all points of diversion to and from the Kern River Channel and CITY-owned canals. The ID4 contact person will provide such assistance and information as is necessary for CITY to meet its obligations hereunder. Page 9 13. NO CHANGE TO KERN RIVER RIGHTS. The Kern River Parkway Water Management Agreement shall not change or affect rights to use Kern River water. Should any court of competent jurisdiction determine any use of Kern River water rights is affected by this Agreeme'~t~.the parties shall meet and negotiate whatever modifications are necessary to re-establish those r.igh~which have been affected or void any part, or all, of this Agreement necessary to re-establish S~ri~ghts. The parties shall negotiate in good faith to maintain Kern River water rights whenever a m~ification or voiding of the terms of this Agreement becomes necessary. ~iiii~:. ~"~i!!. :: 14. BANKING COVENANT. Except as otherwise specified in th~s ~greement, the parties hereby covenant and agree that neither ID4 nor CITY shall bank their respective supplies within the Parkway recharge area. 15. JOINT INDEMNITY LIMITATION ON LIABILITIES AND INDEMNIFICATION. a. No party shall be liable to any 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 or employees. b. CITY and ID4 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. 16. EXECUTION. This Agreement is effective upon execution. It is the product of negotiation and all parties, are equally responsible for authorship of this Agreement. Section 1654 of the California Civil Code shall not apply to the interpretation of this Agreement. 17. NOTICES. All notices relative to this Agreement shall be given in writing and shall be personally delivered or sent by certified or registered mail, in which latter case service will be effective upon depositing in the United States mail. The parties shall be addressed as follows, or at any other address designated by notice given in the manner herein provided: CITY: CITY OF BAKERSFIELD WATER RESOURCES DEPARTMENT 1000 Buena Vista Road Bakersfield, CALIFORNIA 93311 AGENCY: KERN COUNTY WATER AGENCY IMPROVEMENT DISTRICT NO.4 P.O. Box 58 Bakersfield, CALIFORNIA 93302-0058 Page 10 18. FORUM. Any lawsuit pertaining to any matter arising under, or growing out of, this Agreement shall be instituted in Kern County, California 19. ASSIGNMENT. This Agreement 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 Agreement.:stiall inure to the benefit of, and be binding upon, the parties to the agreement and their heirs, adminigtrators, executors, personal representatives, successors and assigns. 21. CORPORATE AUTHORITY. Each party executing this Agreement represents and warrants that he/she is duly authorized to execute and deliver this Agreement on behalf of the organization named herein and that this Agreement is binding upon said organization in accordance with its terms. 22. 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. 23. MERGER AND MODIFICATION. All prior agreements between the parties are incorporated in this Agreement which constitutes the entire agreement. Its terms are intended by the parties as a final expression of their agreement with respect to such terms as are included herein and may not be contradicted by evidence of any prior agreement or contemporaneous oral agreement. The parties further intend this Agreement constitutes the complete and exclusive statement of its terms and no extrinsic evidence whatsoever may be introduced in any judicial or arbitration proceeding involving this Agreement. This Agreement may be modified only in a writing approved by the City Council, the Kern County Water Agency Board of Directors, and signed by all the parties. 24. NEGATION OF PARTNERSHIP. No party shall become or be deemed a partner or joint venturer with any other party or associate in any such relationship with any other party by reason of the provisions of this Agreement. ID4 shall not for any purpose be considered an agent, officer or employee of CITY, and CITY shall not for any purpose be considered an agent, officer or employee of ID4. 25. ACCOUNTING RECORDS. All parties shall maintain accurate accounting records and other written documentation pertaining to all costs, incurred in performance of this Agreement. Such records and documentation shall be kept at each party's office during the term of this Agreement. Said records shall be made available to CITY or ID4 representatives upon request at any time during regular business hours. 26. EXHIBITS. In the event of a conflict between the terms, conditions or specifications set forth in this Agreement and those in exhibits attached hereto, the terms, conditions, or specifications set forth in this Agreement shall prevail. All exhibits to which reference is made in this Agreement are deemed incorporated in this Agreement, 'whether or not actually attached. Page 11 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. "CITY" "ID4" BOB PRICE Mayor Title: · By:. Title: APPROVED AS TO CONTENT: APPROVED AS TO FORM: WATER RESOURCES DEPARTMENT By: By: GENE BOGART Attorney for ID4 Water Resources Manager APPROVED AS TO FORM' BART J. THILTGEN City Attorney By: ALAN D. DANIEL Deputy City Attorney COUNTERSIGNED:. By: GREGORY J. KLIMKO Finance Director Sal: 10/08/99 Page 12 KERN RIVER PARKWAY WATER MANAGEMENT AGREEMENT " MUTUAL WATER SUPPLY COMMITMENTS & GOALS MAY 1st through SEPTEMBER 30th RECREATION SEASON Quantities in acre-feet except where noted ..... PARKWAY RECHARGE COMMITMENTS OPTIMUM RECHARGE GOALS CITY OF IMPROVEMENT DISTRICT Minimum (Includes Parkway Rechar! e Commitments) BAKERSFIELD NO. 4 Parkway Cit ' of Bakersfield ID4 Optimum Kern River City State Firm Firm ID4 Water Optimum Optimum Optimum Optimum Parkway April-July Recharge Water Parkway Parkway Recharge Supply Carrier Kern River Parkway Parkway Water Supply Runoff Commitment Allocation Peak Recreation Recreation Season Commitment Commitment Canal Channel Recharge Recharge Goal (% of normal) tO Parkway (%) Recharge Recharge to Parkway (Col. 4 + Col. 8) Recharge Recharge , Goal Goal Col. 12 + Col. 13) 1 4 5 6 7 8 9 10 11 12 13 14 0% 0% 10% 10% 20% 20% 30% 30% 1,000 1,000 2,000 2,000 40% 40% 2,000 2,000 4,000 4,000 50% 50% 7,500 7,500 7,500 3,000 3,000 6,000 7,987 13,987 60%: 60% 7,500 7,500 7,500 4,000 4,000 8,000 12,134 20,134 70%~ 11,000 70% 7,500 5,000 12,500 23,500 5,000 6,000 11,000 18,781 29,781 80% ! 11,000 80% 7,500 5,000 12,500 23,500 5,000 8,000 13,000 23,028 36,028 90% 11,000 90% 7,500 5,000 12,500 23,500 5,000 10,000 15,000 27,076 42,076 * 100% 11,000 * 100% 7,500 5,000 12,500 23,500 5,000 15,000 20,000 31,223 51,223 * WATER SUPPLIES ABOVE 100% PROVIDE FULL RECREATION SEASON FLOWS MAY-SEPTEMBER... Optimum Recharge Goals: City[ optimum Recharge Goal is based upon the sum of firm recharge commitments plus quantities of recharge resulting from utilization of Carrier Canal and Kern River Channel after meeting Basic Contract obligations. ID4: Optimum Recharge Goal is based upon the sum of firm recharge commitments plus the delivery of 50% of the supply available to ID4 after meeting purification plant demands and current repayment obligations. Exhibit A IMPROVEMENT DISTRICT NO.4 STATUS OF WATER EXCHANGE AGREEMENTS As of October 1, 1999 (in Acre-Feet) Nominal Exchange Water Payback Current Amount of Received Delivered Delivery Priority Year(s) Exchangor Exchanse To Date To Date Balance Status [2] 1988 City of Bakersfield / Truxtun Lakes 7,500 9,782 ~K-R~ 3,278 (6,504) [31 1995 Buena Vista WSD 60,000 56,844 (~c-RL 2,778 (54,066) Active [31 1996 Buena Vista WSD 20,000 20,000 (K-R~ 11,158 (8,842) [2] 1997 to 1998 Kern Delta WD 3,000 2,517 (K-~ 827 (1,690) [31 1979 to 1989 Rag-Gulch WD 15,950 14,610 (r-K) 22,738 8,128 [31 1982 to 1989 Kern-Tulare WD / Rag-Gulch WD 96,949 69,387 (~:-tc~ 60,509 (8,878) [31 1991 Kern-Tulare WD / Rag-Gulch WD 23,000 16,780 (K-R~ 17,024 244 [3! 1992 Kern-Tulare WD / Rag-Gulch WD 20,000 9,089 (K-~) 9,210 121 [3] 1993 Kern-Tulare WD / Rag-Gulch WD 37,000 33,726 (,r-~ 32,217 (1,509) [3] 1994 Kern-Tulare WD / Rag-Gulch WD 23,000 23,995 ~-~ 23,000 (995) [3] 1995 Kern-Tulare WD / Rag-Gulch WD 37,726 37,746 ~K-~ 34,586 (3,160) [3] 1996 Kern-Tulare WD / Rag-Gulch WD 28,333 28,333 (K-R~ 22,125 (6,208) [3] 1997 Kern-Tulare WD / Rag-Gulch WD 27,250 27,250 (K-~ 32,512 5,262 [3] 1998 Kern-Tulare WD / Rag-Gulch WD 27,250 27,250 (~c-a~ 24,746 (2,504) [31 1999 Kern-Tulare WD / Rag-Gulch WD 27,250 27,250 (~c-~ 12,153 (15,097) Active [2] 1996 to 1997 La Hacienda WD (firm 5,000 when SWP is > 60%) 20,000 16,998 (K-~) 0 (20,000) [$] 1999 La Hacienda WD 7,950 7,923 (K-R~ 4,000 3,923 Active [31 1994 Lefler/KCWA 300 0 aw~') 315 315 [31 1991 to date North Kern WSD, category "A" 89,000 34,416 (K-~ 86,781 52,365 Active [21 1988 to date North Kern WSD, category "B" 3,000 395 ~K-~ 0 (395) [3] 1999 Rosedale Rio-Bravo WSD 5,000 0 rtc-~) 516 516 Active [$1 1989 Wheeler Ridge-Maricopa WSD 1,390 1,390 tswp) 463 (927) [31 1991 Semitropic WSD . 772 772 tswP~ 257 (515) Ending Exchange Balance (owed by ID4)... (60,416) Priority: [1] Fulfillment of Henry C. Garnett Water Purification Plant demand. [2] Exchanges with stipulated repayment schedules, repayment upon demand and residual amounts from firm regulated sources; deliverable afler firm Parkway peak recreation recharge commitment is met. [3] Mutually agreeable schedules within specified time periods, allocated in proportion to time remaining and amount owed. Note: Active current delivery statux refers to repayment and/or exchange deliveries occurring as of October 1, 1999. Exhibit B MEMORANDUM October 8, 1999 TO: Gene Bogart, Water Resources Manager FROM: Maurice Randall, Business Manager [~/~&t~ ~~ SUBJECT: AB 1584 (WATER BOND) AND AB 18 (PARK BOND) As you requested, I have researched the two Assembly Bills (AB 1584 and AB 18) recently approved by the Legislature. Both bills were approved by a two-thirds majority and will go before the voters on the March 7, 2000 general election. Since the two bills were passed by a two~thirds majority in the Legislature they only require a simple majority (50% + 1) of approval by the voters to pass. As you know that greatly increases the changes of successful passage of both bills. Listed below is a brief summary of the two bills and the additional revenue that could be available to the City of Bakersfield should the bills be approved by the voters. AB 1584 Water Bond - this 1.97 billion water bond issue could provide funds for improvements to water quality and supplies throughout the state. This investment will help the state prepare for the projected increase of 15 million people by 2020 through a variety of clean water, watershed, flood protection and water supply improvement programs. Our cities, farms and environment all stand to benefit from this bond measure. Should this bond issue pass, the City of Bakersfield could receive at a minimum $2.5 million as designated in the bond for the Kern River Parkway Project under the statewide Watershed Protection Program. It should be noted that the City could also get additional funding under other water programs (i.e., Groundwater Storage, Urban Streams Restoration and Water Conservation) contained within this bond measure. Based on available information it appears that the funding for many of the water programs will be allocated on a competitive basis. AB 18 Park Bond - this $2.1 billion park bond issue is the largest park bond in the history of the United States. This bond issue could provide funds to local jurisdictions for the acquisition, development, rehabilitation and restoration of real property for park purposes. The bond measure October 8, 1999 Gene Bogart, Water Resources Manager AB 1584 (Water Bond) and AB 18 (Park Bond) contains $338 million that will be allocated to cities and counties on the basis of population. It also contains $200 million in grants that will be available to cities and counties under other programs for local open-space projects. Should this bond issue pass the City of Bakersfield could receive an additional $2.5 million that is earmarked for the Kern River Parkway. The City could also be eligible for additional funding in the $2 million range for development of local parks under the population and open-space programs indicated above. Since the funding for several programs will be allocated on a competitive basis the City should take immediate action to identify good projects and put together information and be ready to submit to the state for early consideration should the bond measures pass. I will continue to track both bond issues and provide you additional information as it becomes available. Please let me know should you need additional information or wish to discuss this matter. MR:sr. and Fleed Pretection Act of 1999 September 14, 1999 During the final hours of session on September 10, the state Assembly voted 66 to 10 (unofficial) to place a $1.97 billion bond measure before the voters in March 2000 which, if adopted, will drastically improve California's water infrastructure. Our cities, farms and environment all stand to gain from this bond. It is an opportunity to reverse the two-decade trend of the shrinking water pie, by providing nearly 1,000,000 acre-feet of new dry-year water supply. The bond would also make important improvements to water quality and stabilize the core water supplies in the Bay-Delta. Enactment of this bond will bring greater certainty to the water supplies which fuel California's economy and sustain the state's competitive edge. The investment will help prepare California for an increase of 15 million people by 2020 through a variety of clean water, watershed, flood protection and water supply improvement programs. This bond is the culmination of more than two years of effort by Senator Jim Costa, Assemblyman Mike Machado and urban, agricultural and environmental water stakeholders. Some of the water supply benefits included in the bond include: Estimated Water Supply Benefits Project Funding New Water* (in millions) (in acre-feet annual amount) Interim Reliable Water Supply and Water Quality 180 100,000. Infrastructure and Management Program Southern California Integrated Watershed Program 235 400,000 (SAWPA) Lake EIsinore and San Jacinto Watershed Program 15 2,000 Groundwater Storage Program 200 300,000 Bay/Delta Multi-Purpose Water Management Program 250 125,000 Water Conservation Program 155 50,000-100,000 Water Recycling Program 40 20,000 (plus 70 from prior bond acts) * dry-year supply TOTAL 997,000 - 1,047,000 Statewide polling from August '99 showed strong support among voters for a water bond: WATER QUALITY/WATERSHED BENEFITS Safe Drinking Water Program $ 70 million. Loans and grants for undertaking infrastructure improvements and related actions to meet safe drinking water standards; leverages five federal dollars for every state dollar. Watershed Protection Program (statewide) 90 million Grants (subject to appropriation by the Legislature) to assist local agencies in implementing multi-objective watershed plans that help restore fragile ecosystems by controlling or eliminating pollution, reducing flooding, controlling erosion, improving water quality; 60% of funds to be spent in six-county area of Southern California; earmarks $35 million for grants to small communities; transfers $2 million to Pajaro River Watershed Flood Prevention Authority, $5 million to Clover Creek Flood Protection and Environmental Enhancement Project, $2 million for Clear Lake watershed and $1 million for Russian River watershed. Non-Point Source Pollution Control Program 100 million Grants (subject to appropriation by the Legislature) for local projects that protect the beneficial uses of water through the control of non-point source pollution; 60% of funds to be spent in six-county area of Southern California; transfers $ I0 million for research and mitigation to protect water quality from pesticides; $5 million can be used for loans to finance construction of projects designed to manage animal nutrients from animal feeding, operations. Clean Water Program 100 million Grants and low-interest loans to aid in construction or implementation of projects under the Clean Water Act including $30.5 million for loans pursuant to Clean Water Act, $34 million for grants for construction of water treatment works in small communities, $35.5 million (subject to appropriation by the Legislature) for treatment works in Manteca, Stockton, Tracy and Orange Cove and $7 million to local agencies for groundwater remediation projects. Coastal Non-Point Source Pollution Control 90 million Grants and low-interest loans (subject to appropriation by the Legislature) to aid in construction or implementation of projects to improve water quality at public beaches; 60% of funds to be spent in six-county area of Southern California; earmarks $4 million (subject to appropriation of the Legislature) to City of Huntington Beach to study biological contaminants in tidal and coastal marshes and $3 million (subject to appropriation of the Legislature) for environmental and engineering studies for the San Diego Regional Conveyance Facility by the San Diego County Water Authority, Seawater Intrusion Control 25 million Provides loans (subject to appropriation by the Legislature) to control seawater intrusion; transfers unallocated funds from Proposition 204. River Protection Program 95 million Provides funding (subject to appropriation by the Legislature) for the acquisition and restoration of riparian habitat, riverine aquatic habitat and other lands in close proximity to rivers and streams; requires that 60% of funds be used for projects near metropolitan areas; earmarks $10 million for the San Joaquin River Parkway Conservancy and $2.5 million for the Kern River Parkway Project. Coastal Watershed Salmon Habitat Program 25 million Provides funding (subject to appropriation by the Legislature) to protect, restore, "Association of California Water Agencies - Since acquire and enhance habitat for salmon; may be used to leverage funds, when available. Water and Watershed Education Program 8 million Provides funding (subject to appropriation by the Legislature) for various watershed education programs including the San J'oaqnin Valley Water Institute at California State University at Fresno ($3 million), Delta Science Center ($2 million) and Watershed Science Laboratory in the North Delta ($3 million) WATER SUPPLY BENEFITS Groundwater Storage $200 million Grants (subject to appropriation by the Legislature) for feasibility studies, project design or construction of facilities for groundwater storage projects; caps feasibility studies at $200,000 and construction projects at $50 million; priority given to projects with available third-party funds (excluding CVP Restoration Fund); no less than 40% of funds in subaccount to be expended for studies, projects and facilities within watersheds of Central Valley. Bay/Delta Multi-Purpose Water Mgmt. Program 250 million Provides funding (subject to appropriation by the Legislature) for projects identified in the CALFED EIR/EIS as a Stage 1 Action: $17 million for treatment facilities or to relocate discharge facilities for agricultural drainage, $40 million to control waste discharges contributing to low dissolved oxygen, $120 million for fish screens in the Delta, $40 million for permanent barriers in the Delta, $17 million for controlling abandoned mine drainage and $16 million for permanent barrier at Grantline Canal. v/Interim Reliable Water Supply and Water Quality Infrastructure and Management Program 180 million Loans and grants (subject to appropriation by the Legislature) for programs or projects located outside the Delta including: new or expansion of existing groundwater storage and recovery, projects; for acquiring rights to use storage in existing reservoirs, for facilitating improved water treatment, water transfers and exchanges for water supply and quality improvements and for state-of-the-art agricultural water conservation programs; priority given to projects that: can be completed prior to March 8, 2009, provide near- term benefits, improves water quality and protects water levels at San Luis Reservoir, includes public-private partnerships and are sponsored by a public agency with water supplies that are being or would be impacted by Delta-related shortages and water quality degradation. Southern California Integrated Watershed Program (SAWPA) 235 million Provides funds (subject to appropriation by the Legislature) for improving and rehabilitating the Santa Aha River Watershed through water treatment, conservation, flood protection and water management programs. Lake Eisinore and San Jacinto Watershed Program 15 million Provides funds (subject to appropriation by the Legislature) for improving and rehabilitating the Lake Elsinore and San Jacinto Watersheds and the water quality of Lake ~ Elsinore. Water Recycling Program 40 million Provides grants (subject to appropriation by the Legislature) and loans for public agencies to build facilities to produce and deliver recycled water; transfers unallocated funds from prior bond acts (approximately $70 million) into new program; 60% of funds to be spent in six-county area of Southern California; contains language to encourage the SWRCB to expedite the review and processing of agreements to carry out purposes of program and provides for progress report to Legislature. Association of California Water Agencies - Since v/Water Conservation Program 155 million Provides grants and loans (subject to appropriation by the Legislature) to build and/or improve infrastructure to conserve water used for both urban ($30 million) and agricultural purposes ($35 million) and groundwater recharge facilities ($30 million); provides grants for projects in economically-disadvantaged areas for ,the repair, replacement, restoration or rehabilitation of existing water distribution systems ($60 mill/on); transfers unallocated funds from Proposition 204, FLOOD PROTECTION BENEFITS Floodplain Mapping Program $ 5 million Provides funds (subject to appropriation by the Legislature) to assist local land use planning to avoid or reduce future flood risks by mapping newly identified floodplains and revising outdated maps. V/Flood Protection Corridor Program 70 million Provides grants to local agencies (subject to appropriation by the Legislature) for the acquisition, restoration, enhancement and protection of real property for flood protection, agricultural land preservation and wildlife habitat protection; earmarks $1 million for technical assistance to cities and counties; earmarks $5 million for the City of Santee for flood protection projects. Delta Levee Rehabilitation Program 30 million Funds the Delta Levee Maintenance Subvention Program ($15 million) and special flood protection projects on specified Delta islands ($15 million). Flood Control Subventions 45 million Funds state's share of the nonfederal costs of local flood protection projects authorized as of Sanuary I, 2000, in specified counties; also contains language indicating that the state's share of nonfederal costs of projects adopted and authorized after January 1, 2001, shall not exceed that portion of nonfederal costs authorized pursuant to specified provisions in Water Code. V/Urban Streams Restoration 25 million Grants (subject to appropriation by the Legislature) for small flood protection and erosion control projects that typically include work by community conservation corps. Capital Area Flood Protection 20 million Partially funds state's share of the costs of federally-authorized flood management projects in Sacramento County (subject to appropriation by the Legislature). San Lorenzo River Flood Control 2 million Funds state's share of the costs of federally-authorized flood management projects in the Santa Cruz region (subject to appropriation by the Legislature). Yuba Feather Flood Protection Program 90 million Provides funds (subject to appropriation by the Legislature) for flood protection projects ($70 million) and fish and wildlife enhancements ($20 million) along the Yuba and Feather Rivers and the Colusa Drain; allocates $2.6 million to pay for state's share of levee repairs in Sutter County. Arroyo Pasajero Watershed Program 5 million Funds (subject to appropriation by Legislature) flood control projects protecting the California Aqueduct in the area of the Arroyo Pasajero Crossing. Association of California Water Agencies - Since 1910 If adopted by the voters, the water bond will provide tangible benefits for water in nearly every county in the state. It will make environmental gains without jeopardizing the vitality of California's economy. It will protect our communities from floods, provide cities with cleaner water and increase the supply of water for farming and industry, and for the future of our state. Association of California Water Agencies - Since 1910 SenL B~: CA PARK & RECREATZON SOCZETY; 9166659149 ; Sep-30-99 11:53j Page 2/3 FACT SHEE.T CALI~RNIA PAI[K G, AB 18: The March 2000 park bond 7971 Freeport Bird s,~merr~,cA THE FIRST STATEWIDE PARK AND RE'CREATION 95832-9701 ~16~665..77 BOND ACT SINCE 1988 FAX 916/66S-9149 ~.~s.~ Governor Gray Davis signed AB 18 on T. uesday, ~eptember 21 in Los Angeles. Citizens will vote AB 18, l~ie "dean Water, Clean Air, ¢oa.~al Protection and Safe Neighborhood Parks Bond Act," on the March 7, 2000 9eneral election. AB 18 requi~ a simple major'rty to pass (i.e., 50% + 1). Contact: This $2.1 billion bond act is the largest park bond in the history of the United States. Jane H. Adams, Funding available to local agencies in AB 18: Executive DirectorI~r ~ program I $338 million~ 9161665-2777 Provid~ funds to local jurisdictions for the acquisition, development, rehabilitation, or jane@cprs, org restoration of real property for park purposes 60% of the funds are allocated to cities,, and districts. The minimum allocation will be $30,000.40% of the funds are allocated to ,'~' counties and regional districts. The minimum to regional districts and counties will be cities and districts $6.29 per capita counties $4.00 per capita urban counties $2.90 I~r capita Per capita program II $50 million Provides furids to cities and districts within urbanized counties of 200,000 or less and counties greater than 200,000, Roberti-Z'berg-Harris program $200 million K-Z-H funds (1) .rehabilitation or refurbishing ..performed annually or infTecjuentl¥; excludes capital improvements and other routine maintenance work; speoal.ma~or CPR5 provides maintenan~ projects include energy efficiency for lands .and facilities(i.e., irrigation ~jsterr~ replacement .or repair of.indoor facility .or resurfacing parking lots. (2)innovative the leadership recreation programs t~at respond to unique and otherwise unmet recreation needs of special urban populations; can fund transportation to facilitate access to. programs and to aclvance the facilities. R-Z-H requires a match of 30% of project costs. Funds are distributed on following formula: positive Impact 69% block grants for urbanized areas and value o/ 60% cities and districts $3.33: per capita 40% counties and regional districts $1,75 per capita the pmft~slon OFl$Od~ ' State Department of Parks & Recreation wilt administer the grant program; le~s than 1.5% of the total allocation is used for grant administration. z The allocations given here are estimates developed by the Department of Parks & Recreation Sent B~: CA PARK & RECREATION SOCIETY; 9166659149 ; Sep-30-99 11:53; Page 3/3 ~ AB 18: The March 2000 park bond, Paqe_2 14% block gra~ to heavily mbaniz~ areas 60% large cities $1.86 per capita 40% large counties and regional districts $ .49 per capita 17%88% no~n~z~jurJsdictions $33.490,000 12% urbanized, not|ncluding heavily urbanized Other funding programs local agencies may compete for funds: Riparian, river, aquatics habitat $10 million Trails, nonmotorized $10 million Areas lacking parks/facil'Kies $100 million Urban/cultural centeF2zoos/wildlife education facilities $71.5 million million Regional youth soccer/baseball fadlities ~l~million Playground replacement CA Heritage .Fund $10 million State Parks administered by local agencies $20 million Urban forestry projects $10 million Local Conservation Corps $12.5 million River parkways $33.5 million The full text of AB 18 is available on the CPRS website legislative page: www.cprs, org/legisl~. ITEM 9). CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION. CLOSED SESSION PURSUANT TO SUBDIVISION (A) OF GOVERNMENT CODE SECTION 54956.9. CITY OF BAKERSFIELD, ETC. V. KERN DELTA, ET AL.; VENTURA COUNTY SUPERIOR COURT CASE NO. CIV 191554.