HomeMy WebLinkAbout04/21/99 CITY OF .."~:'" ~ '"
WATER BOA
Mark C. Salvaggio, Chair
~ ~ David Couch, Vice Chair
~ Irma Carson
CITY OF BA~RSFIELD
WATER BOARD MEETING
WEDNESDAY, APRIL 21, 1999 - 4:30pm
Water Resources Building Conference Room
1000 Buena Vista Road, Bakers~eld, CA
AGENDA
1). C~L MEETING TO O~ER
2). ROLL CALL
3). APPROVAL OF FEBRUARY 17, 1999 MEETING MINUTES
4). PUBLIC STATEMENTS
5). TOUR OF KE~ RIVER PARKWAY (1 Hour)
6). KE~ RIVER OPE~TIONS ~PORT
7). OLD BUSINESS
8). NEW BUSINESS
A. AGRICULTU~L WATER DIVISION 1999 WATER PRICE SCHEDULE - For Board Review
B. DOMESTIC WATER DIVISION WATER ~TE SCHEDULE - For Board Review and
Recommendation to Ci~ Counc~
C. DETACHMENT AND WATER SALE AGREEMENT - Proposed Draft Agreement between Ci~
of Bakersfield, Olcese Water District and California Water Service Company - For Board Approval
and Recommendation to Ci~ Council
9). WATER BOARDMEMBER COMMENTS
.r' 10). CLOSED SESSION
A. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION. CLOSED ~',ESSION
~. PURSUANT TO GOVE~MENT CODE SECTION 54956.9(a) KE~ DELTA WATER
~' DISTRICT vs NORTH KE~ WATER STOOGE DISTRICT, ct al., TULARE COUNTY
SUPERIOR COURT CASE No. 96-172919.
11). CLOSED SESSION ACTION
Gene BogaS, r ~ esources Manager
POSTED: April 16~ 1999
s:~N~ WS~a ROaD · aAK[~SF~LO. CaL~[ORS~A
MINUTES OF THE REGULAR MEETING
OF THE
WATER BOARD - CITY OF BAKERSFIELD
., Held Wednesday, February 17, 1999, Water Resources Conference Room, 1000 Buena Vista Road,
· Bakersfield, CA 93311.
1. The meeting was called to order by Boardmember Salvaggio at 4:37pm.
2. Present: Mark Salvaggio, Chair
David Couch
Irma Carson (seated at 4:46pm)
3. Boardmember Salvaggio made a motion to approve the minutes of the Regular Water Board
meeting held September 16, 1998 and November 17, 1998. Motion carried.
4. The election of the Water Board Chair and Vice-Chair was brought before the Board for
action. Boardmember Couch made a motion to appoint Boardmember Salvaggio as Chair.
Motion carried. The election of the Vice-Chair was tabled until a full quorum could be
present.
5. There were no public statements.
Boardmember Salvaggio recommended that "Boardmembers Statements" be added as the
item before Closed Session to future agendas.
6. An update on the current Kem River operations was given by Hydrographic Supervisor Steve
Lafond. Due to an abundant water supply from last year, the winter carryover in Isabella
Reservoir is 245,000 acre feet. The Kern River Parkway activities look good for this season
and the state water project supplies are currently allocated at 60% of normal. For Board
information, no action required.
: 7A. Mr. Bogart gave a status report on the Kem River Parkway property acquisitions and
background on Proposition 204 funding. This Bill included funding for parkways throughout
California. There were discussions with other local interest groups to set up a sponsorship
_~.
of both public and private agency volunteers to secure monies to acquire privately-owned
land along the Kern River Parkway. The City received $500,000 of Prop 204 monies and
has expended about $320,000 to date. Two properties are priority, the McDonald and Sill
properties, but only one can be purchased with the remaining funds. Staff is continuing in
its efforts in the purchase of one or the other of these properties. For Board information, no
action required.
8A. The Domestic Water Service area boundary amendments were presented before the Board
by Water Superintendent Pat Hauptman. The City Water Resources Department receives
requests from developers and landowners to expand the service areas of our domestic water
system. At this time there are three parcels requesting to be included into our service area,
all are in the City limits. Staff will prepare a resolution and is asking the Board to approve
and recommend to City Council. A motion was made by Boardmember CoUch to approve
~ '~ and recommend approval of this Resolution to the City Council. Motion carded.
The election of the Vice-Chair, tabled from item 4 of the agenda, was brought back before
the full Board for action. Boardmember Carson made a motion to appoint Boardmember
Couch as Vice-Chair. Motion carded.
8B. Mr. Hauptman brought before the Board, for approval, an updated City of Bakersfield
"Standards and Specifications for Domestic Water Systems." This last came before the
Board in 1993, since that time there have been several changes needed to comply with health
regulations and the use of asbestos cement pipe has been restricted. This manual is to be
used by developers and landowners for design and construction purposes. A motion for
approval was made by Boardmember Salvaggio. Motion carded.
8C. The Kem River Parkway Water Supply Management Agreement was presented to the Board
by Mr. Bogart. This program is designed to put more water in the Kern River channel in
Bakersfield during the summer recreation season. On the driest of years a weekend program
would be in place, when there is less demand for irrigation purposes. The primary source
of water, when available, is the Kern River and the Kern County Water Agency
Improvement District 4 state water supply. This Agreement has been a major goal of the
City Council and the Kem River Parkway Project. After review and approval by the Kern
County Water Agency Board, staff will bring the Agreement back before the Water Board
in final draft form at the April meeting. For Board information, no action required.
8D. Mr. Core presented the Northeast Bakersfield Water Supply Agreement with California
Water Service Company to the Board. This is the water supply Agreement for California
Water Service Company to proceed with their treatment and pipeline facilities to provide
water to the Northeast Bakersfield area. The City will supply Kem River water over the next
20 years, on an as needed basis and when available, during a wet or dry year to meet the
demands of the northeast Bakersfield area. This contract will not decrease the amount of
water needed for the agricultural contracts that are in effect until the year 2012. The water
purification and treatment plant is scheduled to be online by 2002 to meet demands in
northeast area, starting at ten million gallons a day and ultimately built out to sixty million
gallons per day capacity by 2017, depending upon the growth that occurs in the area. A price
has been set with an escalator based on an all commodities index. This will be a water
supply going only to residents of the City. A motion was made by Boardmember Couch to
approve and recommend approval to City Council. Motion carried.
8E. The update on Wastewater Plant No. 2 property acquisition was brought before the Board
by Mr. Bogart. An expansion of approximately 1,000 acres to the existing municipal
2
farmland activities is needed as required by the California Regional Water Quality Board
permit. A priority system has been set for acquiring the lands. The land would have to be
contiguous to the existing municipal farmland and located as far away from homes, schools
and urbanization as practicable. A public hearing was held by the City Council and
comments were received concerning this issue. The City is currently negotiating with several
landowners for purchase of suitable property and staff will continue to pursue the acquisition
of these lands and anticipate reporting the results to the full Council within the next 45 days.
For Board information, no action required.
:. 9. The proposed 1999 Water Board meeting schedule was presented to the Board by Mr. Core.
Boardmembers were in agreement with the dates indicated. A motion for approval was made
by Boardmember Salvaggio. Motion carried.
10. A tour of the Kern River Parkway from Manor Street to Stockdale Bridge is scheduled for
the April Board meeting. Staff will show Boardmembers properties being purchased by the
City as well as various facilities offered to citizens making use of the Parkway. The tour will
begin at the Water Resources Department office and staff will arrange transportation.
11. Closed Session. Adjourned to Closed Session at 5:54pm.
Conference with legal counsel - existing litigation. Closed session pursuant to Government
code Section 54956.9(a) Kem Delta Water District vs North Kern Water Storage District, et
al., Tulare County Superior Court Case No. 96-172919.
The meeting reconvened at 6:03pm.
12.Board gave direction to Counsel.
13.The meeting adjourned at 6:03pm.
Mark Salvaggio, Chair''~ - -
City of Bakersfield Water Board
Sharon Robison, Secretary
City of Bakersfield Water Board
S:\WBM INUTES 1999\WBM in2-17
ITEM 5.
TOUR OF KERN RIVER PARKWAY.
KERN RIVER BASIN SNOWPACK ACCUMULATION
EIGHT SENSOR INDEX
April 15, 1999
40.0
30.0 ..............
~97-1998
239% A-J i .......... ~ 1995-1996
............ 126% A-J
25.0 ............................ '
100% of April 1 Average
20.0 ............................................... ',
, Average '
10.0 .............................. ~ ....
'-'f 1993-1994 1998-1999
41% A-J - -
5.0
0.0
November December January February March April
Snowpack Accumulation Season
CITY OF BAKERSFIELD WATER RESOURCES DEPARTMENT
ISABELLA RESERVOIR DALLY OPERATIONS REPORT
(All readings are for date of report (THURSDAY)
as of 0001, except as noted.., cfs in italics) Date of Report: April 15, 1999
ISABELLA RESERVOIR
1 2573.27 Lake Elevation (ft.) 257853 Storage (AcFt) +690 Change(AcFt) 810 Inflowto Isabella (cfs)
· 2 347580 Temporary Storage 74% % of Temporary 195283 Normal Storage 132% % of Normal Storage
Capacity Capacity For this Date
3 7678 Average Lake Area (Acres) 17542 Inflow(Month) 10937 Outflow(Month)
4 561 North Fork Mean 478 North Fork @ 0600 Hours 218462 Accumulative Inflow (98-99 WY)
5 410 Mean Outflow 394 Borel Canal 16 Main Dam Outlet 313861 Accum. Outflow(WY)
6 419 Outflow@ 0600 403 Borel Canal @ 0600 Hours 16 Main Dam Outlet @ 0600 Hours
Hours
7 52 Lake Evap. (cfs) 0.24 Inches Evap. for 24 Hours 705 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 1.57 Inches of Precipitation at Isabella for Month
10 8.22 Seasonal Precip. Isabella 8.84 Normal for 93% Isabella Precip.
(Season: Oct 1 through Sep 30) this Date % of Normal
1 0.00 Inches of Precipitation at Pascoe for 24 Hours 3.80 Inches of Precipitation at Pascoe for Month
12 25.70 Seasonal Precip. Pascoe 31.45 Normal for 82% Pascoe Precip.
this Date % of Normal
13 15.5 Upper Tyndall Creek 26.1 Pascoe 16.2 Wet Meadow
14 81 Isabella Maximum Temperature
5 43 Isabella Minimum Temperature 48 24 HourWind Movement(Miles)
NATURAL RIVER FLOW
16 829 Natural Flow (cfs) 18685 Natural Flow (Month to Date) 18685 1999 Apr-Jul Runoff (AcFt)
17 1624 Mean Flow 51% Natural Flow 1249 Median Flow 66% Natural Flow
For this Date in % of Mean For this Date in % of Median
8 7317 Max. on Record 320 Min. on Record 234155 Accum. Natural Flow (Water Year)
For this Date For this Date
19 477 First Point Flow 12080 First Point (Month to Date) 329490 Accum. First Point (Water Year)
·
KERN RIVER FACTS & FIGURES:
B A K E R $ F I E L D
Due to the typical spring temperature patterns and snowpack distribution in the southern Sierra Nevada's,
it is highly unusual for the month of Apdl to produce the majodty of spring snowmelt runoff on Kern River. Produced by City of Bakersfield
In fact, since 1894, the month of Apr# has contributed the greatest amount of April through July runoff Water Resources
in only three years, 1916 ~ 481,749 acre-feet, 1959 ~ 40,566 acre-feet and 1989 ~ 91, 380 acre-feet. (661) 326-3715
AGRICULTURAL WATER ENTERPRISE
1999 WATER PRICE AND SAND SALE SCHEDULE
The following recommended water prices reflect the current, below normal water supply conditions occurring throughout the
southern San Joaquin Valley. Of the ten (10) water price categories listed below, items 1, 2 and 3 are established by existing contracts. The
water rates for items 4 through 10 are dependent upon supply and would become effective May 1, 1999. These water rates would remain
in effect until conditions warranted changes or adjustments to these prices.
For information and reference, the 1997 and 1998 schedule for surface water rates are shown for comparison (price per acre-foot).
Actual 1997 Actual 1998 Effective May 1, 1999
(122% of Normal (239% of Normal (65% of Normal
Type of Water Water Year) Water Year) Water Year)
1) Basic Contract Water ..................... $20.00 $20.00 $20.00
2) City "Borrow/Payback"
Contract Water ............................ $21.65 $20.95 $20.57
3) Kern River Canal &
Irrigating Co ............................... $19.15 $19.15 $19.15
*4) Miscellaneous Kern River Water
sold for Domestic use .................... $32.00 $32.00 $32.00
*5) Miscellaneous Kern River
Water sold for surface
irrigation .................................... $22.00 $22.00 $22.00
*6) Miscellaneous Water that
would otherwise be used
for groundwater banking ................. $12.39 $11.99 $11.77
*7) City non-Kern River Water
sales (oilfield discharge,
etc.) .......................................... $20.80 $17.60 $17.60
8) 2800 Acre "banked" groundwater sold
for surface irrigation (downstream
of 2800 Acres) ............................. $52.00 $52.00 $52.00
9) 2800 Acre "banked" groundwater sold
for surface irrigation (upstream
of 2800 Acres) ............................. $57.00 $57.00 $57.00
10) 2800 Acre "banked" groundwater sold
for Domestic use (upstream of
2800 Acres) ................................ $62.00 $62.00 $62.00
* To encourage maximum use within the Kern River groundwater basin, water prices in categories numbered 4, 5, 6 and 7 are reduced
50% during 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 changes:
ITEM PRICE
1) Temporary Pumping Agreements ......................................... $ 50.00 per day
2) Annual Pumping Agreements
5 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 .......................................................... 5; 0.50 per cubic yard (plus sales tax when
applicable)
City of Bakersfield
Domestic Water Division
Ashe, Fairhaven, and Riverlakes Ranch Service Areas
Schedule of Rates
.__ General Metered Service c~i~'nt: Rates (effe~ti~:.::o~t?~!~ii:1996) i~:ropo~ed :Rates;;oct:i~.l~i:.i999
.. Within Fairhaven & Within Fairhaven &
~.. City Limits Unincorp- City Limits Unincorp-
orated Areas orated Areas
;~ Quantity Rates:
~ First 300,000 cu. ft./month $0.47 $0.60 $0.49 $0.62
(per 100 cu. ft./month)
All over 300,000 cu. ft./month $0.42 $0.55 $0.44 $0.57
(per 100 cu. ft./month)
5/8" x 3/4" Service $6.90 $9.07 $6.90 $9.07
1" Service $10.51 $13.86 $10.51 $13.86
1 - 1/2" Service $16.03 $20.98 $16.03 $20.98
2" Service $21.83 $28.63 $21.83 $28.63
3" Service $40.33 $52.87 $40.33 $52.87
4" Service $58.63 $76.53 $58.63 $76.53
6" Service $105.37 $137.00 $105.37 $137.00
8" Service $161.97 $210.26 $161.97 $210.26
10" Service $223.26 $288,80 $223,26 $288.80
1 - 1/2" Connection $6.30 $8.15 $6,30 $8.15
2" Connection $8.40 $10.90 $8.40 $10.90
3" Connection $12.60 $16.35 $12.60 $16.35
4" Connection $16.80 $21.80 $16.80 $21.80
6" Connection $25.20 $32.45 $25,20 $32.45
8" Connection $33.60 $43.60 $33.60 $43.60
10" Connection $42.00 $54.25 $42.00 $54.25
12" Connection $50.40 $65.15 $50.40 $65.15
"Monthly Readiness-To-Serve Charge" 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.
C:\123 - DATA~ClATECMP2.WK3
AGREEMENT NO.
DETACHMENT AND WATER SALE AGREEMENT ......
THIS AGREEMENT is made and entered into on .~//:~:'i~'by":':~ - and
· between the CITY OF BAKERSFIELD, a Charter City and municipal corp~ra~i0~, ("CITY"),
CALIFORNIA WATER SERVICE COMPANY, a California public utility~a~r corporati.o,,n
· ' ("CAL WATER") and OLCESE WATER DISTRICT, a California water di~:~Ct ("OLCESE).
RECITALS
WHEREAS, OLCESE owns and operates a municipal and industrial water distribution
system and treatment plant in what is commonly referred to as the Rio Bravo area of the City
of Bakersfield; and
WHEREAS, CAL WATER is currently engaged in purveying municipal and industrial
water to, among others, residents and citizens within CITY and desires to expand its service;
and
WHEREAS, OLCESE and CAL WATER have entered into an Agreement of Sale to
transfer OLCESE's municipal and industrial ("M & I") water distribution system to CAL
WATER and CAL WATER desires to furnish M & I water service to customers within the
current OLCESE district; and
WHEREAS, CAL WATER has agreed to assume certain obligations of OLCESE in
connection with the CITY's Twenty-Eight Hundred (2,800) Acre groundwater recharge
facility, as set forth in prior agreements between CITY and OLCESE; and
WHEREAS, CITY desires the residents in the CITY that will be served by CAL
WATER in the OLCESE area are afforded the same high quality municipal and industrial
water service as the remainder of the CITY and are protected from any future obligations and
responsibilities, currently involving OLCESE and;
WHEREAS, OLCESE will detach from its district boundaries those lands and areas
that will be served by CAL WATER; and
WHEREAS, on December 22, 1976, CITY acquired water rights to the Kern River in
.- order to meet the present and future needs of the citizens of Bakersfield; and
WHEREAS, CITY is willing to sell to CAL WATER, an amount of Kern River water
needed on a daily basis to serve those CITY residents and customers in the detached areas
of the OLCESE district; and
WHEREAS, CAL WATER and OLCESE acknowledge CITY will provide water to
OLCESE for the irrigation needs of the Rio Bravo Country Club for an interim period of time.
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NOW, THEREFORE, incorporating the foregoing recitals herein, the parties agree
as follows:
1. AGREEMENT OF SALE. CITY acknowledges an AGREEMENT":' ~"
exists between OLCESE and CAE WATER. CITY is not a party to said agreeme~i?i~
2. DETACHMENT. OLCESE shall initiate and proceed with the':'~e~c~'ment from
OLCESE boundaries those lands within the CITY limits that are to receiveWate;~' service from
CAL WATER. A map depicting the detached lands is attached as Exhi:~iir"A''. OLCESE
shall be responsible for all actions and proceedings necessary to detach the lands depicted
in the attached Exhibit "A." CITY and CAL WATER will cooperate with OLCESE and will
use their best efforts to assist OLCESE in the detachment of said lands. The remainder of
the agricultural and undeveloped lands within OLCESE may continue to receive agricultural
water service under terms and conditions as set by OLCESE.
3. FUTURE DETACHMENT. OLCESE agrees to initiate and proceed wwith
detachment any and all lands that, subsequent to the execution of this Agreement, are
zoned and developed to municipal or domestic water service properties. CAL WATER
agrees not to provide water to any lands within the boundaries of City in the future which are
also within the boundaries of OLCESE without prior written consent of CITY.
4. CITY CONSENT. In exchange and in consideration for OLCESE'S agreement
to detach certain of its lands, CITY agrees and consents to the OLCESE and CAL WATER
AGREEMENT OF SALE and further approves and consents to CAL WATER's assumption
of certain OLCESE's obligations in connection with CITY's Twenty-Eight Hundred (2,800)
Acre groundwater recharge facility. Except that which is outlined in AGREEMENT OF SALE
between OLCESE and CAL WATER, this agreement shall not modify or effect existing
OLCESE agreements for use of CITY's Twenty Eight Hundred (2,800) Acre groundwater
recharge facility.
5. DOMESTIC WATER SUPPLY. CITY will make available to CAL WATER a
Kern River surface water supply to serve the needs within present and future CITY limits
located in the area described as those lands detached now and in the future from OLCESE.
The parties anticipate CITY will make available to CAL WATER up to two thousand (2,000)
acre-feet (a-f) per year to meet the initial domestic water demands in the described area and
increasing as required to meet future water service needs of CITY residents throughout the
term of this Agreement. To insure against critically dry years on the Kern River, CAL WATER
has purchased from OLCESE the 13-year supply previously banked by OLCESE in the
CITY's Twenty Eight Hundred (2,800) Acre recharge facility. This 13-year supply totaled,
~a-f as of April 1, 1999.
6. IRRIGATION WATER. Until such time CAL WATER completes its master
planning for the OLCESE area distribution system, CITY will provide to OLCESE a Kern
River surface water supply to only serve the irrigation needs of the Rio Bravo Country Club,
located within CITY limits in Section 14 of T29S/R29E. The parties anticipate annual
irrigation needs of the Rio Bravo Country Club are not to exceed one thousand (1,000) a-f.
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7. POINT OF DELIVERY AND MEASUREMENT. CITY shall make available to
CAL WATER a Kern River water supply at locations mutually agreeable, however the initial
point shall be located at the intake to the OLCESE Treatment Plant in the s/e quarte[~0f the
s/w quarter of Section 3, T29S/R29E. CITY shall make available irrigation water to ~ESE
at the LA Hacienda Pumping Plant, located in Section 11 of T29S/R29E. Measuringdevices
. shall be installed, calibrated and maintained by CAL WATER and OLCESE, .with ~pproval
· of CITY, in accordance to industry standards as set by the Amedc~:'h~iii~ter Works
~' Association.
8. DOMESTIC AREA OF SERVICE. The area of service for CAL WATER to
supply high quality domestic water service shall be the area depicted on Exhibit "A" and
described as those areas that are detached from the OLCESE district boundary and lying
generally within the CITY incorporated limits. These boundaries may be changed by the
mutual consent of both parties and may be adjusted for CITY annexations and OLCESE
detachments; however, CAL WATER understands the CITY will require water supplied
hereunder will only be delivered to service connections within the incorporated boundaries
of the CITY no matter what the specified boundaries described in this Agreement. Both
parties acknowledge the water acquired hereunder by CAL WATER may be commingled
with other waters at any time with the goal that the water quality at all times shall meet or
exceed all Federal, State, and local statutory and regulatory water quality standards,
including, but not limited to, California Department of Health Services standards.
9. WATER FACILITIES. Ownership through sales or transfer of properties or
improvements shall be in accordance with OLCESE/CAL WATER AGREEMENT OF SALE.
10. PLACE OF USE. The water supplied by CITY to CAL WATER under this
Agreement shall be used by CAL WATER for the sole purpose of purification and distribution
to residents of CITY. CAL WATER agrees to use only CITY water to provide domestic water
service within the CITY limits, however this Agreement does not preclude CAL WATER from
using other water sources (including banked water) to serve unincorporated areas.
11. WATER QUALITY. CITY does not represent or guarantee the quality of the
raw water which is subject of this Agreement. All parties understand the water specified for
delivery under this Agreement, as supplied from the Kern River, is untreated and not fit for
human consumption as delivered. CAL WATER and OLCESE shall be solely responsible
for testing said water and for any and all treatment which may be necessary to bring the
water into conformity with all Federal, State and local domestic or irrigation water quality
requirements pdor to its delivery for domestic or irrigation use. CITY shall not be responsible
for the quality of water delivered to parties under this agreement. By execution of this
Agreement, CAL WATER and OLCESE expressly waives any and all legal remedies against
CITY, from CITY's delivery of non-potable water to the parties. CAL WATER and OLCESE
shall indemnify, defend and hold CITY harmless from and against any and all claims from
or against CAL WATER or OLCESE for failure to deliver water to domestic or irrigation users
pursuant to this Agreement in conformance with Federal, State and local domestic or
irrigation water quality standards. CITY will provide timely notice to CAL WATER and
OLCESE of contamination to water delivered of which CITY has actual knowledge.
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'12. COMPENSATION TO CITY. As compensation for CITY Kern River water
delivered hereunder, CAL WATER and OLCESE shall pay CITY Fifty-Five Dollars .($~.00)
per acre foot. The price is subject to annual adjustment on the basis of the JanU~'"~999
Producer Price Index for "All Commodities" published by the Bureau of Labor S~?tics of
the U.S. Department of Labor and first adjustment shall occur in January'O~:,~the year
following execution of this Agreement. The pdce as stated shall include ali:!i:~tSClTY may
incur in pumping, exchange and storage fees resulting from the delivery Qf Ke~ River water
to CAL WATER and OLCESE. Payment in full shall be made to CiTY wit~i~ thirty (30) days
after mailing of an itemized invoice to CAL WATER. The due date on the invoice shall be
clearly set forth and shall be thirty (30) days beyond the billing date. CITY shall bill CAL
WATER and OLCESE for quantities delivered only after the water is actually delivered by
CITY through the designated metering facility or other future delivery point that is mutually
agreed to by the parties. CAL WATER and OLCESE shall not assess or levy any charge of
any kind or type to CITY for the delivery of said water. Failure to pay CITY in full within thirty
(30) days of the due date shall be subject to late fees. Reasonable late fee amounts (not
to exceed six percent (6%) on unpaid balance) may be assessed by CITY and shall be paid
by CAL WATER and OLCESE upon demand. At CITY's sole discretion, CITY may terminate
its agreement with CAL WATER and/or OLCESE to provide Kern River water after notice
and a sixty (60) day cure pedod for failure to pay all charges assessed for water delivery and
collect all past due sums and late fees.
13. RIPARIAN LAND. CITY and CAL WATER acknowledge that dparian lands
are located within lands to be detached from OLCESE and that any dpadan water dghts will
be passed on to CAL WATER for all, or portion of, the needs of the riparian lands. To the
extent that such ripadan water passes through to the riparian landowners, CAL WATER
agrees to reduce water billings to those lands by the unit cost paid by CAL WATER for water
to serve non-riparian lands that have been detached from OLCESE. This deduction will be
for the unit cost of water only and will not be a deduction for the balance of the CAL WATER
charge (treatment and distribution) to an individual landowner. CITY will charge a handling
fee of ten percent (10%) of the compensation rate (specified in Paragraph 12) for the
accounting, scheduling and recordkeeping required for the dpadan water delivered under this
paragraph.
14. CONSUMER WATER RATES. CAL WATER intends and will use its best
efforts to continue with a uniform water rate schedule for domestic water service to all its
Bakersfield distdct customers. The uniform rate schedule would apply to customers in the
existing system and in the OLCESE area. All parties understand and agree that CAL
WATER's rates are currently subject to the jurisdiction and control of the California Public
Utilities Commission (CPUC) and CAL WATER's rates will comply with decisions issued by
the CPUC.
15. CONNECTION/SPECIAL FACILITY FEES. CAL WATER agrees that it shall
apply the same rate used for connection/special facility fees to new water service
connections in OLCESE as it charges for connection/special facilities fees within its existing
Bakersfield District. All parties understand and agree that CAL WATER's fees are currently
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-Apdl 16, 1999 -- Page 4 of 8 Pages --
subject to the jurisdiction and control of the Califomia Public Utilities Commission (CPUC)
and CAL WATER's fees will comply with decisions issued by the CPUC.
16. ENVIRONMENTAL STUDIES OR REVIEW. CITY shall not be r.?~'~i~le~:~':"
for preparation of any environmental impact reviews or reports required unde?S,{~te and
:~ ~ Federal law for the OLCESE/CAL WATER transfer. OLCESE and/or CAL wATER~'"~hall be
.-' responsible for environmental documentation that may be required fo~!t~i~::=iransfer as
provided in the AGREEMENT OF SALE.
17. 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 and said records shall be made available to all parties
representatives upon proper request.
18. ASSIGNMENT. This Agreement shall not be assigned by any party, or any
party substituted, without prior written consent of all the parties.
19. BINDING EFFECT. The rights 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.
20. COMPLIANCE WITH ALLJ.AWS. In connection with the performance of its
obligations under this Agreement, OLCESE and CAL WATER shall, at OLCESE's and CAL
WATER'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.
21. CONFIDENTIALITY. During the term of this Agreement, CAL WATER and
OLCESE will be dealing with information of a legal and confidential nature, and such
information could severely damage CITY if disclosed to outside parties. CAL WATER and
OLCESE will not disclose to any person, 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 this Agreement. Confidential information given to CAL
· WATER and OLCESE under this Agreement is the exclusive property of the CITY. Under
~ no circumstances shall any such information or documents be removed from the CITY's
· .~ offices without the CITY's prior written consent. CITY is subject to the Public Records Act
and cannot maintain confidential records unless allowed by said Act. CITY understands CAL
WATER and OLCESE may, through court order or decree, be required to release
documents. It shall not be a violation of this Agreement to release documents or information
which are required by law to be public.
22. CORPORATE AUTHORITY. Each individual executing this Agreement
represents and warrants they are duly authorized to execute and deliver this Agreement on
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behalf of the corporation or organization, if any, named herein and this Agreement is binding
upon said corporation or organization in accordance with its terms.
23. EXEC]J~JO~. This Agreement is effective upon execution. It is the P:~bct
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 interpretatib~:::' of this
' Agreement.
,,
:' 24. EXHIBIT~. In the event of a conflict between the te~§i 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.
25. ~. Any lawsuit pertaining to any matter adsing under, or growing out of,
this Agreement shall be instituted in Kern County, California.
26, JOINT LIMITATION ON LIABILITIES AND INDEMNIFICATION.
26.1 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 off~cers, council, directors, agents or employees.
26,2 CITY, OLCESE and CAL WATER 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, council, directors, 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.
26,3 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.
27. INDEPENDENT CONTRACTOR. CAL WATER and OLCESE shall not
become or be deemed a partner or joint venturer with CITY or associate in any relationship
with CAL WATER by reason of the provisions of this Agreement other than specified herein.
CAL WATER shall not, for any purpose, be considered an agent, officer or employee of CITY
in regard to this Agreement.
28. MERGER AND MODIFICATION. This Agreement sets forth the entire
Agreement between the parties and supersedes all other oral or wdtten representations. Its
terms are intended by the parties as a final expression of their agreement with respect to
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such terms as are included herein and may not be contradicted by evidence of any pdor
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 invol~i~'~;iithis
Agreement. This Agreement may be modified only in a wdting approved by the Cl~.COuncil
and signed by all the parties. /./
29. NON-INTEREST. No officer or employee of the CITY shail:"h~i~ any"' :~::' interest
in this Agreement (California Government Code section 1090). '.'ii:~:~:. .....
30. NQTICES. All notices relative to this Agreement shall be given in writing and
shall be personally served or sent by certified or registered mail and be effective upon actual
personal service or depositing in the 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 Avenue
Bakersfield, California, 93301
CAL WATER: CALIFORNIA WATER SERVICE COMPANY
1720 North First Street
San Jose, California 95112-4598
OLCESE: OLCESE WATER DISTRICT
14801 Highway 178
P. O. Box 651
Bakersfield, California 93302
31. 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 all damages at
the legal rate from the date of the breach.
32. TERM. This Agreement shall commence upon date of execution and terminate
on December 31, 2022 unless sooner terminated as herein provided. This Agreement will
automatically renew for an additional term of ten (10) years unless any party provides wdtten
notice within one hundred eighty (180) days of termination date.
33. TIME. Time is of the essence in this Agreement.
34. NO 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.
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed, the day and year first-above written.
"CITY" "CAL WATER"
CITY OF BAKERSFIELD CALIFORNIA WATER
By: By:
BOB PRICE, Mayor Title: President
By:.
APPROVED AS TO CONTENT: Title: Corporate Secretary.
WATER RESOURCES DEPARTMENT
By: "OLCESE"
GENE BOGART
Water Resources Manager OLCESE WATER DISTRICT
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY
By:
Title: President
By:
BART J. THILTGEN
City Attorney By:
Title: Secretary.
COUNTERSIGNED:
By:
GREGORY J. KLIMKO
Finance Director
Attachment: Exhibit "A"
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18 17 18
19 21
· . · LANDS TO REMAIN IN DIS1RICT
~ o~,~.,;.,~; ~ .............. f ~,No, ,o 8~ ~,c~ OLCESE WATER DISTRICT
~ ~ ...... ~ ........... ~ ~ PROPOSED DISTRICT BOUND~Y CrinGE
ITEM 10).A.
CONFERENCE WITH LEGAL COUNSEL - EXISTING
LITIGATION. CLOSED SESSION PURSUANT
TO GOVERNMENT CODE SECTION 54956.9(a) KERN DELTA
WATER DISTRICT vs NORTH KERN WATER STORAGE
DISTRICT, et al., TULARE COUNTY SUPERIOR COURT
CASE No. 96-172919.
/
KERN RIVER BASIN SNOWPACK ACCUMULATION
EIGHT SENSOR INDEX
February 17, 1999
199~1995
1~% A~
30.0 .... ,
[
I 1997-1998
I 239% A--J [ ........... ~ 1995-1996
................. J ' 126% A-J
100% of April 1 Average
45.0 .......
Average
10.0 ................................
41% A-J
5.0
o.o
November December January February Mamh Apdl
Snowpack Accumulation Season
CITY OF BAKERSFIELD WATER RESOURCES DEPARTMENT