HomeMy WebLinkAbout03/07/01 VAI"ER BOARD ?
Mark C. Saivaggio, Chair
David Couch, Vice Chair ~
Harold Hanson
CITY OF BAKERSFIELD
WATER BOARD MEETING
WEDNESDAY, MARCH 7, 2001 - 4:30pm
Water Resources Building Conference Room
1000 Buena Vista Road, Bakersfield, CA
AGENDA
1). CALL MEETING TO ORDER
2). ROLL CALL
3). APPROVAL OF OCTOBER 18, 2000 SPECIAL MEETING MINUTES
4). PUBLIC STATEMENTS
5). KERN RIVER LEVEE DISTRICT
A. RESOLUTION ADOPTING A MAINTENANCE AND OPERATIONS PLAN FOR
NEW KERN RIVER LEVEE (PHASE 2) CONSTRUCTION - For Board Approval and
Recommendation to City Council
6). KERN RIVER OPERATIONS REPORT
7). OLD BUSINESS
A. RESOLUTION TO APPLY FOR KERN RIVER PARKWAY URBAN STREAMS
RESTORATION GRANT - For Board Approval
B. PANORAMA/KERN RIVER CORRIDOR LAND ACQUISITION REQUEST FROM
PROPOSITION's 12 & 13 PROCEEDS - For Board Review and Action as Required
C. AMENDMENT TO AGREEMENT NO. 99-73 WITH CALIFORNIA WATER
SERVICE COMPANY - For Board Approval and Recommendation to City Council
D. CONTINUED PARTICIPATION IN ENERGY OPTIONS INVESTIGATION FOR
CITY WATER WELLS IN 2800 ACRES - For Board Confirmation
Page 1 of 2
1000 BUENA VISTA ROAD · BAKERSFIELD, CALIFORNIA 93311 · (661) 326-3715
City of Bakersfield
Water Board 03/07/01
E. GOVERNORS KERN RIVER RESTORATION PROJECT - ACQUISITION OF 40
ACRE RECREATION AND RECHARGE FACILITY - For Board Information
8). NEW BUSINESS
A. WATER AND CANAL SAFETY PUBLIC INFORMATION PROGRAM - For Board
Information
B. SERVICES CONTRACT WITH DODD INVESTIGATIONS, INC. - For Board
Approval
C. DITCH ERADICATION AND PIPELINE EASEMENT AGREEMENT WITH
WATTENBARGER HOMES - For Board Approval and Recommendation to City
Council
D. PARTICIPATION IN THE SOUTHERN CALIFORNIA WATER COMMITTEE - For
Board Review and Action as Required
E. CITY OF BAKERSFIELD DOMESTIC WATER RATES - For Board Information
F. URBAN WATER MANAGEMENT PLAN FIVE YEAR UPDATE - For Board Review
and Action as Required
G. LETTER OF SUPPORT FOR KERN DELTA WATER DISTRICT PILOT
GROUNDWATER RECHARGE PROJECT - For Board Information
9). YEAR 2001 WATER BOARD MEETING SCHEDULE
10). WATER BOARD STATEMENTS
11). ADJOURNMENT
Water Rfsources l~lanager
POSTED: March 2, 2001
S A2001WBMIN~WBMC07
Page 2 of 2
MINUTES OF THE SPECIAL MEETING
OF THE
WATER BOARD - CITY OF BAKERSFIELD
Held Wednesday, October 18, 2000, Water Resources Conference Room, 1000 Buena Vista Road,
Bakersfield, CA 93311.
1. The meeting was called to order by Board Chair Salvaggio at 4:30 p.m.
2. Present: Mark Salvaggio, Chair
~, David Couch, Vice-Chair
Irma Carson
3. Boardmember Couch made a motion to approve the minutes of the Regular Water Board
meeting held July 12, 2000, Motion carried.
4. Mr. Bogart introduced Bill Wulff, the new ID4 Manager of the Kern County Water Agency.
~ 5. An update on the Kem River operations was given by Hydrographic Supervisor Steve
L__. Lafond. There was a 79,000 acre bum in the Southfork basin of the Kern River above Lake
Isabella that could contribute to a rapid run-offfrom a sudden storm event in that area. A silt
laden water supply could result, but is a remote possibility. Lake Isabella is drawn down to
around 130,000 acre feet, the lowest point since early 1995. The river channel through town
dried up shortly after the Labor Day weekend and City Water Resources crews have been
doing maintenance work on the channel, the most intensive program in the last ten years. A
copy of the bi-annual 2800 Acre Report was handed out to the Boardmembers. For Board
information, no action required.
6. Old Business.
6A. The Kern River Parkway Proposition's 12 & 13 and CALFED Grants were brought before
the Board by Mr. Bogart. At the last Council Workshop various projects were discussed
for Propositions 12 and 13. Mr. Randall, Water Resources Business Manager, updated the
Board regarding the funds of the $2.5 million for Proposition 12 (Park Bond) and the $2.5
million for Proposition 13 (Water Bond), and when such funding might be available. A letter
agreement was received from the State Department of Water Resources for Proposition 13.
Staff is gathering the necessary documents and will bring it to the Board sometime in
November, 2000 for their approval. The Proposition 12 agreement may take longer, until
possibly after the first of the year. Staff is optimistic that the agreement and funding for
Proposition 12 will be received in time to bring it before the Board at the next November
~' /~ meeting for approval. Last spring CALFED grant money was applied for by resolution for
~. three projects, a letter was received stating that the projects were not recommended for
funding. Staff will resubmit when future funding cycles become available. For Board
information, no action required.
6B. Mr. Bogart presented the assignment of Carrier Canal Development Agreement No. 88-188
to the Board. Coleman Property Management requested their Carrier Canal development
Agreement No. 88-188 be assigned to Discovery Partners, a California Limited Partnership.
No changes in the term and conditions of the agreement are requested. A motion for
approval was made by Boardmember Couch. Motion carried.
7. New Business
7A. The Sand Removal Agreement with Kern Bros. Trucking was brought before the Board by
Mr. Core. Mr. Core gave the Board a brief history of their operation. This Sand Removal
Agreement with Kern Bros Trucking will allow them to remove sand from the Kern River
channel near Enos Lane for up to ten years. Their operation is mobile, with no permanent
structures on site. Staff recommends approval of the Agreement. A motion for approval
was made by Boardmember Salvaggio. Motion carried.
7B. The Kern River Interests weather modification program for 2000-2001 was brought before
~. the Board by Mr. Bogart. This is an ongoing program the City and the Kern River Interests
have had for a number of years. The aerial cloud seeding program works to extract moisture
~-' from the storm systems coming into the Kern River Watershed. The program is designed to
bolster water supply for the spring runoff period. The cost of this program is split four ways
among the Kern River Interests. A motion to approve was made by Boardmember Couch.
Motion carried.
7C. The Domestic Water Service Agreement for the Henry Lane Partners was presented before
the Board by Mr. Core. The Henry Lane Partners (Partners) wish to have domestic and fire
protection water provided to their property. The property is located in the California Water
Service Company (Cai-Water) area, which has no economically feasible water mains available
for water service to the Partners property. The City has a water main on the south side and
will share the cost with the Partners to construct an extension of the water main. The City
will provide water through its main to Cai-Water and the Partners shall make arrangements
with Cai-Water for retail water service to their property. In order to continue to receive
service the Partners agree to annex into the boundaries of the City at such time that properties
are contiguous to the City. Staff is asking Board to approve. Motion to approve was made
by Boardmember Couch. Motion carried.
8. The next Water Board meeting was tentatively scheduled for December 6, 2000.
9. Water Board statements.
L Boardmember Couch inquired about correspondence sent to the Kem County Water Agency
regarding the lower Kern River Water Rights. Boardmember Couch inquired of the soils
survey study. Staff indicated it has been sent to the City Planning Division. Boardmember
Couch will contact Mr. Jack Hardisty for an update.
Boardmember Carson asked who owned the canal at the comer of Watts and Cottonwood.
Mr. Bogart responded that it was Kern Delta Water District.
10. A motion to adjourn was made by Boardmember Couch at 5:03 p.m. Motion carried.
Mark Salvaggio~ Chair
City of Bakersfield Water Board
Sharon Robison, Secretary
City of Bakersfield Water Board
RESOLUTION N°
WATER BOARD N°
A RESOLUTION OF THE COUNCIL OF THE CITY OF
BAKERSFIELD ADOPTING A MAINTENANCE AND
OPERATION PLAN FOR THE KERN RIVER SOUTH
LEVEE (PHASE 2).
WHEREAS, as a continuation of the Kern River South Levee, the City of Bakersfield agreed
to operate and maintain an earthen levee along the future alignment of Allen Road south of the Kern
River to a point approximately one-half mile south; and
WHEREAS, the Federal Emergency Management Agency (FEMA) requires an adopted
maintenance and operation plan for the Kern River South Levee (Phase 2) from the community Chief
Executive Officer (Mayor);
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Bakersfield as
follows: _
Pursuant to Section 12 of the City Charter, the "South Levee Upgrade (Phase 2) for the Kem
River Operations and Maintenance Plan" is hereby established and attached hereto and marked
"Exhibit A."
.......... O00 ..........
I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council
of the City of Bakersfield at a regular meeting thereof held on , by the
following vote:
AYES: Councilmember
NOES: Councilmember
ABSTAIN: Councilmember
ABSENT: Councilmember
CITY CLERK AND EX OFFICIO of the
Council of the City of Bakersfield
APPROVED
By
HARVEY L. HALL
Mayor
APPROVED AS TO FORM:
BART J. THILTGEN
City Attomey
By
ALAN D. DANIEL
Deputy City Attorney
CITY OF BAKERSFIELD
WATER RESOURCES DEPARTMENT
OPERATIONS AND MAINTENANCE PLAN
for the
KERN RIVER SOUTH LEVEE_RE..TURN LEVEE WEST OF BUENA VISTA RD.
PURPOSE:
In conformance with mitigation measures for River Ranch Environmental Impact
Report the Kern River South Levee Return Levee Phase 2 Project Coleman
Homes, Inc. is constructing a levee to mitigate flood hazards on their property.
This levee will permit Coleman Homes, Inc. to build residential and commercial
development on the vacant lands to the north and east of the Return Levee. The
Federal Emergency Management Agency (FEMA) requires the responsible
agency, the City of Bakersfield, to have an officially adopted maintenance and
operation Plan for the Return Levee.
A) OPERATION PLAN: This project is located on a reach of the Kern
River extending south from the Kern River South Levee Upgrade
(Phase 1 project). The City now has jurisdiction and maintenance
obligations over the first westerly 5000 feet measured downstream
from the Stockdale Highway Bridge. During most years, the Kern
River is dry in this area, since the water is diverted for irrigation. In
addition to the City complement of labor and heavy equipment, a
standby heavy equipment contractor is retained on an annual contract
with a 24-hour notice clause to assist in this work. The contract with
the Contractor will be extended to cover the Return Levee and will be
utilized to make any major levee repairs.
CLOSURE DEVICES: No closure devises exist or are proposed in the
project area.
FUTURE INTERNAL DRAINAGE SYSTEMS: The future internal drainage
systems will be established in accordance with the regulation of the City of
Bakersfield. These gravity facilities, maintained by the City of Bakersfield,
will be designed with streets and drainage lines carrying storm waters to
excavated sumps to receive the storm waters. The sumps are designed
fo[' receiving storms of 100-year frequency.
AUTOMATIC FLOOD WARNING SYSTEMS: No automatic flood warning
system exists or is proposed.
B) JURISDICTION AND RESPONSIBLE PERSONNEL: The
maintenance and repair of this levee facility is the responsibility of the
City of Bakersfield, Kern County, State of California. The personnel
responsible who have the authority to order emergency work are as
follows: Patrick E. Hauptman, Water Superintendent, City of
Bakersfield (661) 326-3715, Florn Core, Water Resources Department
Director, City of Bakersfield (661) 326-3715, Gene Bogart, Water
Resources Manager, City of Bakersfield (661) 326-3715
C) INSPECTIONS: The inspector shall keep a written log of the
inspection activities and reports. The levee shall be routinely patrolled
at least annually, after severe storms, when the channel has been
carrying water flow in excess of 500 cubic feet per second, grass fires
and for seismic events greater than M.5. During these examinations,
erosion, vegetative cover, the 36" reinforced concrete drinking water
pipeline crossing shall be carefully examined for signs of distress. The
pipeline is located approximately 30 feet north of the Kern River Canal.
D) MAINTENANCE: LEVEE REPAIR; Rills, sloughing or erosion of the
slopes of the levee shall be immediately repaired and be filled with
suitable material and thoroughly compacted to a minimum of 95% of
dry density as defined by ASTM D898. After a seismic event of M.5 or
more, any sand boils or other damage shall be immediately repaired
since the site may be subject to soil liquefaction. The standby
Contractor shall be prepared to furnish equipment and materials for.
immediate major repairs should heavy damage occur. For the most
severe circumstance, high river conditions, severe seismic event, the
Contractor shall have available a Caterpillar 235 excavator, a
Caterpillar 966 Loader, a self-propelled vibratory roller and a motor
grader available within 24 hours. Particular attention shall be to the
36" reinforced concrete pipe crossing and any damage shall have
immediate attention.
VEGETATIVE WORK AND REPAIR: A well-established sod cover over
the levee will be maintained to prevent erosion rills and sloughing and to
withstand design velocities. The vegetative material on the levee shall be
carefully preserved, fertilized and re-seeded or re-sodded as needed.
Occasional spraying of brush growth with herbicides may be required to
maintain the sod cover. The work shall be performed in accordance with
CALTRANS STANDARD SPECIFICATIONS JULY 1992 DEPARTMENT
OF TRANSPORTATION STATE OF CALIFORNIA, Section 20 and the
slopes shall be hydro seeded with the following mixture: GRASSES: 4
lbs per 1000 Unhuled Bermuda, 10 lbs per 1000 Annual Rye Grass, 2
lbs per 1000 Blondo Broom. HYDROSEED APPLICATION The hydro
seed slurry shall contain the seed as specified above, mulch and water in
the following amounts per acre: Virgin Wood Fiber mulch 800 lbs. per
acre, seed as specified. Water 300 gals/min. Fertilizer, if needed shall be
'/-20-20 or equal.
RIPRAP: Should riprap be found necessary to protect portions of levee
from erosion, the following treatment will be utilized: from CALTRANS
STANDARD SPECIFICATIONS JULY 1992 DEPARTMENT OF
TRANSPORTATION STATE OF CALIFORNIA, and may consist of non-
concreted concrete debris without rebar or facing class rock. A footing
trench will be constructed at the toe of the slope and method B Placement
utilized in accordance with Section 72.503.
RODENT CONTROL: When burrowing rodent damage is observed
rodent control measures will be taken. Excavation and repair will be
immediately performed.
198345u.701
CALIFORNIA
~- .... . -~~:~.'
WATER R.~SOURCES DEPARTMENT ·
GENE BOGART, Manager -
FLORN CORE, Water Resources Director
PATRICK E. HAUPTMAN, Superintendent 326-3006
STEVE LAFOND, Forecasting and Records 326-3007
MAURICE RANDALL, Business Manager 326-3704
KERN RIVER DISPATCHER 326-3716
January 3, 2001
Mr. Max Yuan, Project Engineer
Federal Emergency Management Agency
Hazards Study Branch
Mitigation Directorate
Washington, D.C. 20472
Re: Kern River South Levee Upgrade
PHASE 2 Return Levee
LOMR Application
Dear Mr. Yuan:
Please be advised that the City of Bakersfield, Water Resources Department, has reviewed the Kern River
South Levee Upgrade-Return Levee As-Builts, the LOMR Application and Contents, the Operation and
Maintenance plan, and Right-of-Way Dedication for the Return Levee. The levee is currently being maintained
by the City of Bakersfield Water Resources Department. The adopting resolution for the Operations and
Maintenance Manual and As-Built drawings is scheduled for action by the City Water Board on February 21,
2001. This is the first available meeting for adoption. The adoption by the Board is ministerial.
We recommend you review the LOMR Application as if the resolution was included. We will forward you a
copy of the resolution upon adoption.
Thank you for your consideration. If you have any questions, please call.
Sincerely,
GENE BOGART
Water Resources Manager
Flora Core
Water Resources Director
FC:sr
cc: Dennis Fiddler - Flood Plain Administrator
Tony Hogg - Coleman Homes
1000 BUENA VISTA ROAD · BAKERSFIELD, CALIFORNIA 93311 · (661) 326-3715
KERN RIVER BASIN SNOWPACK ACCUMULATION
EIGHT SENSOR INDEX
March 1,2001
40.0
1997-1998 ,
35.0 ................. ~I ~
~l,
25.0 ...............................
' 100% of Apn'l 1 Average
~o.o ............................
15.0 ..... ~--
Average
199~2000
68% A~
.~n.n _ __
1998-1999
2000-2001 53% 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 (TH U RSDAY)
as of OOOl, except as noted.., cfs in italics) Date of Report: March 1, 2001
ISABELLA RESERVOIR
1 2553.33 Lake Elevation (ft.) 130927 Storage (AcFt) 0 Change (AcFt) 360 Inflowto Isabella (cfs)
2 568075 Storage Capacity 23% % of Capacity 177063 Normal Storage 74% % of Normal Storage
For this Date
3 5044 Average Lake Area (Acres) 17625 Inflow (Month) 16320 Outflow (Month)
4 272 North Fork Mean 222 North Fork@ 0600 Hours 85497 Accumulative Inflow(00-01 WY)
5 351 Mean Outflow 336 Borel Canal 15 Main Dam Outlet 92390 Accum. Outflow (WY)
6 340 Outflow@ 0600 325 Borel Canal @ 0600 Hours 15 Main Dam Outlet @ 0600 Hours
Hours
7 9 Lake Evap. (cfs) 0.06 Inches Evap. for 24 Hours 551 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 3.16 Inches of Precipitation at Isabella for Month
10 6.32 Seasonal Precip. Isabella 7.18 Normal for 88% Isabella Precip.
(Season: Oct 1 through Sep 30) this Date % of Normal
11 0.00 Inches of Precipitation at Pascoe for 24 Hours 6.20 Inches of Precipitation at Pascoe for Month
12 16.70 Seasonal Precip. Pascoe 24.83 Normal for 67% Pascoe Precip.
this Date % of Normal
13 9.5 Upper Tyndall Creek 9.0 Pascoe 15.4 Wet Meadow
14 54 Isabella Maximum Temperature
15 34 Isabella Minimum Temperature 50 24 Hour Wind Movement (Miles)
NATURAL RIVER FLOW
16 371 Natural FIow(cfs) 19005 Natural Flow(Month to Date) 34434 2001 Jan-Mar Runoff
17 830 Mean Flow 45% Natural Flow 637 Median Flow 58% Natural Flow
For this Date in % of Mean For this Date in % of Median
18 7822 Max. on Record 174 Min. on Record 91803 Accum. Natural Flow (Water Year)
For this Date For this Date
19 367 First Point Flow 17700 First Point (Month to Date) 98196 Accum. First Point (Water Year)
KERN RIVER FACTS & FIGURES:
13
The month of March 1991 was coined the "Sierra Winter" due to the extreme wetness
following five months (October 1990 thru February 1991) of critically dry conditions. Produced by City of Bakersfield
Dudng March 1991, 6. 43" of precipitation was recorded at Lake Isabella with 1.72" Water Resources
falling on March 4, the single highest 24-hour rain total in history for March. (661) 326-3715
B 120UP"' http://cdec.water, ca. gov/cgi-progs/iodir/B 120U
B120UP (02/28/01 1859).
DEPARTMENT OF WATER RESOURCES
California Cooperative Snow Surveys
WATER SUPPLY FORECAST UPDATE
2001 April-July Unimpaired Runoff (1,000 Acre-feet)
Feb 1 %Avg Feb 13 %Avg Feb 20 %Avg Feb 27 %Avg
................................................................................
Shasta Lake, total inflow average = 1801 90% Exceedence 950 53% 960 53% 1020 57% 1120 62%
50% Exceedence 1400 78% 1400 78% 1440 80% 1510 84%
10% Exceedence 2250 125% 2230 124% 2250 125% 2300 128%
Feather River at Lake Oroville average = 1831 90% Exceedence 550 30% 610 33% 640 35% 840 46%
50% Exceedence 950 52% 1000 55% 1020 56% 1200 66%
10% Exceedence 2050 112% 2040 111% 2020 110% 2160 118%
Yuba River at Smartville average = 1029 90% Exceedence 360 35% 380 37% 380 37% 440 43%
50% Exceedence 620 60% 640 62% 640 62% 700 68~
10% Exceedence 1250 121% 1240 121% 1220 119% 1250 121%
American River, inflow to Folsom Lake average = 1261 90% Exceedence 400 32% 460 36% 480 38% 570 45%
50% Exceedence 740 59% 790 63% 800 63% 880 70%
10% Exceedence 1600 127% 1580 125% 1560 124% 1590 126%
Mokelumne River, inflow to Pardee Reservoir average = 459 90% Exceedence 180 39% 190 41% 190 41% 200 44%
50% Exceedence 290 63% 300 65% 300 65% 310 68%
10% Exceedence 560 122% 550 120% 540 118% 540 118%
Stanislaus River, inflow to New Melones Lake average = 699 90% Exceedence 220 31% 240 34% 240 34% 250 36%
50% Exceedence 450 64% 460 66% 450 64% 460 66%
10% Exceedence 860 123% 840 120% 810 116% 800 114%
Tuolumne River, inflow to Don Pedro Reservoir average = 1184 90% Exceedence 450 38% 480 41% 480 41% 510 43%
50% Exceedence 800 68% 810 68% 800 68% 810 68%
10% Exceedence 1400 118% 1370 116% 1330 112% 1310 111%
Merced River, inflow to Lake McClure average = 611 90% Exceedence 210 34% 250 41% 260 43% 290 47%
50% Exceedence 390 64% 410 67% 400 65% 420 69%
10% Exceedence 750 123% 750 123% 730 119% 740 121%
San Joaquin River, inflow to Millerton Lake average = 1212 90% Exceedence 400 33% 450 37% 460 38% 510 42%
50% Exceedence 730 60% 770 64% 770 64% 810 67%
10% Exceedence 1450 120% 1410 116% 1370 113% 1360 112%
Kings River, inflow to Pine Flat Reservoir average = 1183
1 of 2 3/1/01 9:38 AM
B120U~''~ ht¢://cdec.water, ca.goW~i-pr~iodir~120U
90% Exceedence 380 32% 430 36% 440 37% 490 41%
50% Exceedence 720 61% 750 63% 750 63% 780 66%
10% Exceedence 1350 114% 1310 111% 1290 109% 1280 108%
Kaweah River, inflow to Lake Kaweah average = 276
90% Exceedence 80 29% 95 34% 100 36% 115 42%
50% Exceedence 160 58% 170 62% 170 62% 180 65%
10% Exceedence 350 127% 340 123% 325 118% 325 118%
Tule River, inflow to Lake Success average = 59
90% Exceedence 8 14% 14 24% 14 24% 20 34%
50% Exceedence 25 42% 30 51% 30 51% 34 58%
10% Exceedence 90 153% 86 146% 80 136% 80 136%
Kern River, inflow to Isabella Lake average = 442
90% Exceedence 100 23% 120 27% 130 29% 160 36%
50% Exceedence 200 45% 220 50% 220 50% 240 54%
10% Exceedence 560 127% 530 120% 510 115% 500 113%
Questions regarding this forecast:
Call (916) 574-2633 (e-mail pierreSwater.ca.gov)
Runoff forecasts are unimpaired (full natural) flows which represent the
natural water production of the river basin, unaltered by upstream diversions,
storage, or export or import of water to or from other watersheds.
The median (50%) forecast assumes median conditions after the date of forecast.
Runoff exceedence levels are derived from historical data.
The 90 percent exceedence level and the 10 percent exceedence level together
comprise a range about the median forecast in which the actual runoff should
fall 8 times out of 10.
Forecasts are stated in 1,000's of acre-feet and percent of (50-year) average.
The averages are for the period 1946 to 1995.
Report name: i l[ Get report ] Download I Back
Real-Time Data ] Group of Real-Ti.u~ StationsI Daily Data I Group of Daily Stations
Monthl); Data I Historical Data I Custom Graph Plotter I Text Reports
2 of 2 3/1/01 9:38 AM
RESOLUTION 01-02 W.B.
RESOLUTION OF THE CITY OF BAKERSFIELD
WATER BOARD ENDORSING APPLICATION FOR
AN URBAN STREAM RESTORATION GRANT
FOR THE KERN RIVER PARKWAY DESIGNATING
CONTRACT MANAGER AND FISCAL AGENT
WHEREAS, the California Department of Water Resources, Division of Local Assistance,
Urban Stream Restoration Program has announced the availability of funds for grants; and
WHEREAS, said grants are intended to help solve flooding and erosion problems to enhance
the environment;
WHEREAS, the Kem River Parkway Foundation has proposed to cosponsor a grant
application with the City of Bakersfield; and
WHEREAS, the City of Bakersfield Water Board has concluded the project proposed for
funding with the grant funds would be environmentally-beneficial and certified the Environmental.
Impact Report for the development and implementation of the Kern River Parkway Plan on
March 7, 2001; and
WHEREAS, the prospects of receiving such a grant are reasonable likely.
NOW, THEREFORE, BE IT RESOLVED, by the City of Bakersfield Water Board as
follows:
1. The forgoing recitals are found to be true.
2. The joint application with the Kern River Parkway Foundation for an Urban Stream
Restoration Program grant is hereby approved.
3. The Water Resources Manager is hereby authorized to accept the grant, develop'a
work plan for the project, and sign any contract for administration of the grant funds.
4. The Water Resources Business Manager is hereby authorized to submit invoices to
the Department of Water Resources for activities carried out under the work plan for the grant
contract.
.......... 000 ..........
I HEREBY CERTIFY that the foregoing Resolution was passed and adopted; by the City of '
Bakersfield Water Board at a regular meeting thereof held on March 7, 2001 , by the following
vote:
AYES: COUNCILMEMBER
NOES: COUNCILMEMBER
ABSTAIN: COUNCILMEMBER
ABSENT: COUNCILMEMBER
Sharon Robison, Secretary
City of Bakersfield Water Board
APPROVED March 7, 2001
By
GENE BOGART
Water Resources Manager
APPROVED AS TO FORM:
BART J. THILTGEN
City Attomey
By.
ALAN D. DANIEL
Deputy City Attomey
November 14, 2000
Gene Bogart
Director
City of Bakersfield Water Resources
1000 Buena Vista Road
Bakersfield, CA 93311
Dear Gene:
This letter is a follow-up to the meeting you had to receive public input with regard to the
budgetary allocation of the Proposition 12 and Propositions 13 funds coming to Kern County.
We are generally in agreement with your budget, and appreciate the work you and your
department have put into its preparation of the budget.
Our sole request with regard to reallocation would be that you increase the monies available for
land acquisition (Item 6) by at least $100,000.00. While we recognize that there is never enough
money for all things we would collectively like to achieve, we believe acquisition is one of the
most important activities and deserves a larger piece of the budget.
Sincerely,
Kern River Corridor Endowment & Holding Co.
Carolyn Belli, Pa/esident
P.O. Box 10568
Bakersfield, CA 93309
(661 } 328-9314 - fax
PANORAMA VISTA
KERN RIVER ACQUISITION
(758.2 ACRES - 2 .MILES OF RIVERFRONT PROPERTY)
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AGREEMENT NO.
AMENDMENT NO. 1 TO AGREEMENT. NO.~ 90-?3
THE NORTHEAST BAKERSFII=L~ WATI=R .$H~!-¥ AGRi=I=MENT
THIS AMENDMENT NO. t TO AGREEMENT NO. 99-73 is made and entered into
on , by and between the CITY OF BAKERSFIELD, a Charter city and
municipal corporation, (~ClTY" herein) and, CALIFORNIA WATER SERVICE COMPANY, a
California public utility water corporation, ("CAL WATER" herein). --' '
RECITALS
WHEREAS, on March 31, 1999, CITY and CAL WATER entered into Agreement No.
99-73 concerning the Northeast Water Supply Project ("NEWSP" herein); and
WHEREAS, as of March 31, 1999, certain details of the NEWSP were yet to be
planned; and
WHEREAS, property ownership, financial determinations, final alignment, construction
details, and other details have now been ascertained; and
WHEREAS, it is desirous to allow CAL WATER and CITY to share in the operation and
maintenance of facilities and to secure long term access to the facilities by each entity for the
NEWSP; and
WHEREAS, CAL WATER and CITY desire to amend Agreement No. 99-73 to reflect
these new facts and the agreements flowing from them.
NOW, THEREFORE, incorporating the foregoing recitals herein, CITY and CAL WATER
mutually agree to amend Agreement No. 99-73 as follows:
1. Section 1, WATER SUPPLY, is hereby amended to read as follows:
1. WATER SUPPLY. CITY will make available to
CAL WATER a Kern River surface water supply to serve the
needs of present and future CITY residents located in the area
described as Northeast Bakersfield to include those lands within
the area described herein as the NEWSP. The parties anticipate
CITY will make available to CAL WATER up to 22,400 (twenty-
two thousand four hundred) acre-feet per year or 20 million
gallons per day starting February 1,2003 to meet the initial needs
of a newly constructed water treatment plant. CITY is to provide
additional water to meet future demands of the NEWSP water
treatment plant as projected in Exhibit "A."
-- Page 1 of 8 Pages -
2. Section 2, AREA OF SERVICE, is hereby amended to read as follows:
2. AREA OF SERVICE. The NEWSP area of service for the supplying of.
high quality domestic water service shall is bounded generally on the north by'
the Kern River, the CAL WATER Olcese service area on the east, on the south
by East Niles Community Service District boundary, and to the west by the
franchise service territory of CAL WATER. These boundaries may be changed
by the mutual consent of both parties and may be adjusted for CITY
annexations; however, CAL WATER understands the CITY will require water
supplied hereunder wil~ be delivered within the incorporated boundaries of th'e
CITY no matter what the specified boundaries described in this Agreement. CAL
WATER may determine how best to serve both CITY and unincorporated
residents with water from various sources including its wells, the Kern County
.. Water Agency treatment plant and the N EWSP, subject to the constraint that the
water delivered to the unincorporated areas is less than that produced and
delivered from sources other than NEWSP. CAL WATER may transfer banked
groundwater supplies to CITY to balance NEWSP deliveries to unincorporated
areas. Both parties acknowledge the water acquired hereunder by CAL WATER
may be commingled with other waters, as described herein, at any time with the
resulting 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. A map
showing the NEWSP area is attached hereto as Exhibit "C", and incorporated
by reference as though fully set forth.
3. A new section, 4.4, shall be added to Agreement No. 99-73 and shall be entitled
"Construction Details" as set forth below.
4.4 Construction Details. The following construction details have
been agreed to bY the CITY and CAL WATER with the understanding that said
construction details are intended to supplement Sections 4.1 and 4.2 of this
Agreement; however, if a conflict arises between 4.1 and 4.2 and this section,
this section shall govern. CITY holds certain right-of-ways and easements with
the County of Kern by Agreement No. 98-224 (dated September 23, 1998) which
allow the construction and operation of water facilities on certain County
properties and properties under lease with the California Living Museum,
generally described as located in Section 5 of T29S/R29E, M.D.B.&M. A copy
of said agreement with map is attached hereto as Exhibit "D," and incorporated
herein by reference. A more definitive description of the water facilities which
have been constructed and which shall be constructed, operated and maintained
are described as:
1. The Kern River Diversion Structure;
2. Two (2) 54" diameter intake pipelines connecting the
diversion structure to the intake structure;
3. The intake structure;
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4. High and Iow lift pumping station with power transfer
equipment and metering;
5. The California Living Museum pump station;
6. Raw water storage pond or reservoir;
7. The access road from Alfred Harrell Highway to these
described facilities;
8. The access and maintenance road along CAL WATER's
54" diameter transmission pipeline from the pump station
to Alfred Harrell Highway; and
9. Other appurtenant facilities that may be installed within the
area.
4.4.1 CALM Entrance atAIfred Harrell Hic~hwav. CITY agrees
to construct the CALM entrance at Alfred Harrell Highway to grade with traffic
signalization controls. CAL WATER will thereafter connect a fifty-four inch (54")
underground raw water transmission line from the pump station at the intake of
the storage pond to the line going to the treatment plant by using existing
easements and directly boring and casing under said intersection. CAL WATER
agrees to base its design on this understanding.
4.4.2 Morning Drive Bike Path and Western
Access to the Treatment Plant.
4.4.2.1 The initial plan for developing the Bike path calls for
the construction of a twelve foot (12') wide paved Bike path, a twelve foot (12')
wide dirt road and a four foot (4') wide shoulder starting from the centerline to the
west (viewing north). For this same orientation, the ultimate plan is to construct
two (2) twelve foot (12') wide paved road lanes, a twelve foot (12') wide paved
bike path and a four foot (4') wide shoulder.
4.4.2.2 CAL WATER agrees to excavate a trench of at
least eleven feet (11') in width to accommodate a fifty-four inch (54") raw water
transmission pipe and an eighteen inch (18") finished water pipe. The bottom
of the trench will be covered with slurry and the pipes will be covered with a
minimum of four foot (4') of compacted aggregate. Facing north, the water pipes
will be west of the centerline and the trench will start on the eastern edge of the
twelve foot (12') wide dirt road.
4.4.2.3 CAL WATER will construct or cause to be
constructed, through its contractor, an approximately two foot (2') wide trench to
accommodate the subsurface power line and conduit. The trench would be
about fifty-four (54") deep and covered with a minimum of four foot (4') of
compacted gravel. The eastern edge of the trench will be a minimum of three
feet (3') from the western edge of the trench for the water lines.. CAL WATER's
water transmission pipes will cross under the bike path due east of the treatment
plant and continue to the plant. CAL WATER anticipates Pacific Gas & Electric
· ' Co.(PG&E), the anticipated electric energy provider, will UT" off the power line
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-February 27, 2001 "
coming from the south, cross under the bike path and continue with a power line
to the treatment plant site.
4.4.2.4 For the section between the plant and Morning
Drive, CAL WATER agrees to grade, trench for its two (2) pipes and fill and have
either its contractor or PG&E trench and fill for the power line. CAL WATER will
then will then lay a base for a gravel access road from the plant to the CITY's dirt
road going to the storage pond and intake structure.
4.4.2.5 CAL WATER anticipates PG&E's trench and power
line will continue along Morning Drive to the junction of Paladino Drive then along
Paladino Drive to tie in with the existing power grid.
4.4.2.6 CITY agrees to provide CAL WATER and PG&E
with final grading plans for the Morning Drive area of the project by January 1,
2001. CITY agrees to complete the grading of Morning Drive within the project
area by March.2001. CAL WATER intends to complete installation of its
respective water transmission lines by July 31, 2001. CAL WATER anticipates
PG&E will finish installing its respective electrical transmission lines by July 31,
2001. The CITY intends to finish paving the Bike path by September 30, 2001.
4.4.3 Paladino Drive and Primary Access Road to the Plant Site.
4.4.3.1 The City agrees to grade Paladino Drive east of the
intersection with Morning Drive to the turnoff for the access road to the plant.
This approximately three thousand two hundred foot (3,200') section will be a
twenty-four foot (24') wide two (2) lane paved road when finished.
4.4.3.2 The City agrees to assist in acquiring all necessary
easements and grade for a twenty-four foot (24') wide two (2) lane paved road
running from Paladino Drive to the CAL WATER plant site property line, a
distance of approximately three thousand feet (3,000').
4.4.3.3 CAL WATER agrees to trench and install a twenty-
seven inch (27") or larger finished water line from the plant site along the primary
access road to Paladino Drive.
4.4.3.4 CAL WATER agrees to trench and install a twenty-
seven inch (27") or larger finished water line from the juncture of the primary
access road to Paladino Drive along Paladino Drive heading west to a tie in point
with its system past Morning Drive. CAL WATER agrees to lay a short stub out
on Paladino Drive heading east for future development.
4.4.3.5 CAL WATER agrees to lay a base and pave the
section of Paladino Drive from Morning Drive to the turnoff for the primary
access road and along the access road to the plant site.
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4.4.4 Raw Water Storage Pond.
4.4.4.1 CITY agrees to design and build the raw water
storage pond as set forth under Section 4.1 herein. Design drawings and
construction plans for the storage pond shall be ready for bid by March 1,2001.
Construction of the pond is to be completed no later than September 30, 2001.
4.4.4.2 Design and construction of the river intake
structure, pump stations and transmission lines shall be completed by CAL
WATER for the CAL WATER, CITY and CALM facilities. Said design and
construction will be completed after the design and construction of the raw water
storage pond. The pump station and raw water line for transmission of raw water
to the treatment plant shall be operational on or before August 1, 2002. CAL
WATER will use its best efforts to see that construction of facilities needed to
provide irrigation water for the soccer fields, Hart Park and CALM will be
completed and operational by May 1, 2002.
4.4.4.3 CITY agrees to construct a continuation of
the access road from the Morning Drive Bike Path to the west end of the raw
water storage pond where a turn out for a gravity flow line to the soccer fields
and Hart Park will be provided by CITY.
4.4.4.4 The CITY agrees to grade and provide a
base and appropriate surface (compatible with the use of stored water as a raw
drinking water source) on the top of the berm for the entire perimeter of the raw
water storage pond for a single lane access and use for maintenance vehicles.
4.4.4.5 The CITY agrees to construct a gravel
access road along the transmission pipeline on the south side of the pond from
the intake structure to the tie in point with the pipeline running under Morning
Drive to allow equipment access for repair or replacement operations.
4.4.5 Plans and Specifications. Plans and specifications
for all the aforesaid construction shall be presented to the CITY of Bakersfield
and CAL WATER prior to the actual construction for review and comment. The
CITY and CAL WATER agree to use their best efforts to incorporate the
comments made into any plans and specifications. Plans and Specifications
must conform to all legal requirements.
4. Section 31, TERM, is hereby amended to read as follows:
31. TERM. This Agreement shall commence upon date of execution
and terminate on December 31, 2038 unless sooner terminated as herein
provided. This Agreement will automatically renew for an additional term of five
(5) years unless either party provides written notice within one hundred eighty
(180) days of termination date. During the additional five (5) year term period,
· the parties shall negotiate in good faith for further term extensions. The parties
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shall without limitation take in to account current market conditions and other
relevant factors concerning water and water supplies.
5. Two new Sections 34 and 35 shall be added to Agreement No. 99-73 and shall
be entitled, "OPERATIONS AND MAINTENANCE" and "cOMPENSATION FOR
OPERATIONS" as set forth below:
34. OPERATION AND MAINTENANCE. CITY hereby authorizes and
allows CAL WATER full and unlimited access to and use of the facilities
described herein for the purpose of supplying raw water to CAL WATER's
Northeast Bakersfield water treatment plant and for all operations and routine
maintenance activities associated with the facilities. CITY grants to CAL WATER
full and unlimited ingress and egress to C~TY owned facilities within the
described water facilities area and CAL WATER agrees to provide operations
and routine maintenance of the CITY owned facilities as desCribed in this
Agreement. Operations and routine maintenance shall include but are not limited
to: daily system inspection, meter readings, water quality testing as required by
law, pumping flow adjustments, trash and debris, removal from diversion, inlet
and pumping station, turn-out adjustments for irrigation, security fence
inspections and minor fence repairs, reservoir inspections, minor reservoir levee
repairs, periodic road grading and, in general, to do all such acts and perform
such routine services as required to operate and maintain the water facilities in
accordance with accepted industry practices. Should non-scheduled operations,
maintenance or emergency repairs be required, CAL WATER and CITY shall
confer and determine expedient and cost effective methods of correction under
appropriate statutes and regulations as may apply to each party. The CITY shall
be responsible for payment of extraordinary costs for non-scheduled operations,
maintenance or emergency repairs for CITY owned facilities.
35. COMPENSATION FOR OPERATIONS. To compensate CAL
WATER for operation and maintenance of the water facilities described herein,
CITY shall pay CAL WATER One Dollar ($1.00) per acre foot of all water
pumped from the Kern River at the pumping station. For example, if for the first
year CAL WATER pumps 20 mgd to the NEVVSP treatment plant and CITY
pumps 11 mgd for its uses, the CITY's ordinary operating and routine
maintenance payment to CAL WATER would be approximately $34,700. For
ordinary operation and maintenance and repairs, if the cost of parts, materials,
installation and/or repair services is equal to or less than $2,500 per month CAL
WATER will absorb that cost as part of its compensation for that month. If the
repairs, the cost of parts, materials, installation and/or repair services exceeds
$2,500 per month, the CITY will be responsible for paying the amount in excess
of $2,500 per month for CITY facilities. The CITY will be responsible for paying
for all power costs except for those for pumping water from the wet well structure
to the NEVVSP treatment plant. CAL WATER shall be responsible for paying for
power costs to pump water to the NEWSP treatment plant. CAL WATER's
compensation is subject to annual adjustment on the basis of the January 1999
Producer Price Index for"Ail Commodities" as published by the Bureau of Labor
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Statistics of the U.S. Department of Labor and first adjustment shall occur in
January of the year following execution of this Agreement. CAL WATER shall
determine metered water deliveries to the NEWSP treatment plant and invoice
CITY on a monthly basis. CITY shall pay within sixty (60) days of receipt of
invoice for water delivered and any other incurred costs that both parties agree
CAL WATER should be compensated for. Compensation as stated shall include
all costs CAL WATER incurs in ordinary operating and routine maintenance of
CITY owned NEWSP facilities. CAL WATER shall not be entitled to any
additional compensation from CITY for its acts as an operator and agent of
CITY, other than as specified in Sections 34 and 35 of this amendment.
6. Except as amended above, all terms and conditions of Agreement No. 99-73
shall continue in full force and effect.
III
III
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(SIGNATURE PAGE FOLLOWS)
AmendmentNo. 1toAgreeementNo.99-73
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-February 27. 2001 -- Page 7 of 8 Pages -
IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 1 to
Agreement No. 99-73 to be executed, the day and year first-above written.
"CITY" "CAL WATER"'
CITY OF BAKERSFIELD CALIFORNIA WATER SERVICE
COMPANY
· -, ,c'--.. By:. By:
_~,_, "',~.',. .~:~, "~,,":'
HARVEY
HALL
Mayor T{itle:.
APPROVED AS TO FORM: ~~m' ~:: . '~' '. B'~i
BART J. THILTGEN ~*:~ V".~ ~-~;:~
~;~ .)...:~ ~ Title' Corporate Secretary
City Attorney \~~:' ~ ,~..¥ .
By:.
ALAN D. DANIEL
Deputy City Attorney
APPROVED AS TO CONTENT:
WATER RESOURCES DEPARTMENT
By:.
GENE BOGART
Water Resources Manager
COUNTERSIGNED:
By:
GREGORY J. KLIMKO
Finance Director
ADD:dlr
Attachment: EXHIBIT "A"
AmendmentNo. 1teAgreeementNo.99-73
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EXHIBIT "A"
'" ' '~;~ ~roposed Plan of Delivery of
· ... i · ~ City of Bakersfield's Kern River Water to
~ California Water Service Company for
Northeast Bakersfield Water Treatment Plant
Introduction
..., ~ CITY Kern River water supplies vary in quantity from year to year. The CITY's first and highest .~.-.
priority use of its water supplies is to provide drinking water to its customers whether served directly
by CITY or CAL WATER. Thus, CITY and CAL WATER plan to develop a specific plan and ~
.... ,.- {-urther arrangements to address sUpply deficiencies during critically dry years. While water supplies
available to CITY for diversion to the CAL WATER NE Bakersfield water treatment plant may
fluctuate on an annual basis, during normal hydrologic conditions, CITY will make every effort to
meet daily treatment plant flow requirements as indicated in the herein table entitled "DELIVERY
SCHEDULE". The parties recognize the term "critically" dry year is based on a number of factors
and conditions and therefore agree to confer and mutually agree as to when a "critically" dry year
is occurring or is about to occur and to what extent reductions and restrictions in the quantity of
water delivered to the treatment plant will be made. This will include developing a monthly and daily
supply and delivery schedule for such "critically" dry periods.
An analysis, by CITY, of the annual water supplies that will be made available to CAL WATER was
performed utilizing historical data and review of CITY water right yields.
Assumptions
CITY:
1.) Honor all presently existing agreements, contracts or documents referring to provisions to
supply Kern River water;
2.) Best use its acquired surface storage reservoir space to maximize conservation of
miscellaneous water for treatment plant deliveries;
3.) Operate its "2800 Acres" banking and extraction facility to supplement Kern River flows
during critically "dry" conditions to provide minimum base flows to treatment plant;
4.) Formulate exchanges or trades of water supplies in anticipation of any annual shortages of
CITY miscellaneous water;
5.) Exercise the provisions of certain contracts for priority use of Kern River water within CITY
boundaries and on CITY properties.
CAL WATER:
1.) Determine a ramp up timetable for the treatment plant initial annual delivery requirement and
expansion to full build-out;
2.) Project annual delivery schedule required to meet treatment plant requirements including
demands for maximum and minimum month 8:. maximum and minimum day;
3.) Optimize use of alternative water supply sources, both treated surface and groundwater
resources, in years of critically dry or Iow flows on the Kern River;
4.) Use best efforts to regulate receiving Kern River waters into its system to minimize peaks
and dips in flows.
'Projected Annual Delivery_ Schedule ·
The delivery schedule is developed to quantify projected water deliveries for the NEWSP under
various hydrologic conditions on the Kern River. CITY will attempt to delivery the water in
conformance with this Delivery Schedule where practical and at the ability and convenience of
CITY. However, CITY may deliver pursuant to "critically" dry provisions as herein described as
conditions warrant.
DELIVERY SCHEDULE
PLANT MAXIMUM PEAK MINIMUM LOW ANNUAL
YEAR CAPACITY MONTH FLOW MONTH FLOW TOTAL
~GD) (AF) (CFS) (AF) (CFS) (AF)
2003 20 2,330 39 1,400 24 22,400
2012 40 4,670 79 2,800 47 44,800
2017 60 7,000 118 4,200 71 67,200
Note: (MGD) is million gallons per day
(At:) is acre-feet
(CFS) is cubic feet per second
Revised Deliveries
IfCAL WATER desires to vary its delivery schedule, it may do so by submitting a revised schedule
to CITY no later than February 1 of the year for which CAL WATER desires to vary schedule.
CITY shall review and advise CAL WATER of approval of revised schedule for that remaining year
by March 1 of that year. CITY will make reasonable efforts to delivery the water according to the
approved revised schedules. The inability of CAL WATER to accept water when tendered by CITY
under schedules herein shall be deemed to be water delivered under terms of this Agreement.
S:~000CONTRACTS~BWFPAmend 1ExhA
2
KERNWATERBANK AUTHORITY
October 4, 2000
Florn Core Harry O. Starkey
City of Bakersfield Water Resources Dept. Berrenda Mesa Water District
1000 Buena Vista Road 2100 "F" Street, Suite 100
Bakersfield, California 93311 Bakersfield, California 93301
Jon Parnell Rick Iger
Cross Valley Canal Manger Kem County Water Agency
Post Office Box 58 Post Office Box 58
Bakersfield, California 93302-0058 Bakersfield, California 93302-0058
Jerry Pearson
West Kern Water Storage District
Post Office Box MM
Taft, California 93268-0024
Re: Kern Fan Power Project - Commitment to Engineering Studies
Dear Sirs:
The purpose of this letter is to confirm the Kern Fan Power Project participants'
commitment to fund $100,000 for continuing engineering for the project. As you are
aware, the urgency to complete the Letter of Intent to form the Joint Powers Authority for
the project has lessened because the CPUC is reviewing the proposed transfer mechanism
for the facilities. This document had provided for $100,000 for funding ongoing
engineering. It has been generally agreed that engineering for key portions of the project
must continue to allow for the construction of the substation in a timely manner, in part
because some of the components of the substation may take 9 months to procure. This
letter simply confirms your commitment to continue without negotiating the more formal
Letter of Intent to form the JPA.
The same procedures used in the initial studies will continue to be followed. The KWBA
will pay consultant invoices and other appropriate costs (e.g. travel for out-of-town
meetings) monthly. In turn, the KWBA will invoice each participant for their share of
the project costs as shown in the following table. Each participant agrees to commit to
the project for their share of a not-to-exceed total of $100,000, unless a lesser amount is
later determined to be sufficient by all of the participants.
Post Office Box 80607 I Bakersfield, California 93380-0607 [ Phone 661-399-8735 I Fax 661-399-9751
October 4, 2000
Page 2 of 2
Connected Load
Project (mW) Cost Allocation
Berrenda Mesa 2.6 7.1%
City of Bakersfield 1.5 4.1%
Cross Valley Canal 10.5 28.5%
Kern Water Bank 15.4! 41.8%
Pioneer 5.6 15:2%
West Kern 1.2 3.3%
Total 36.8 100.0%
If the foregoing is acceptable, please execute one of the originals of this letter in the
space provided below and return it to the KWBA.
Sincerely,
on~athan D. Parker
Project Manager
Pr~ectParticipant: City of Bakersfield, Water Resources Department
By: ~
Title: Water Resources Director
Dme: November 15, 2000
Kern River Recreation & Recharge Areas
'03~/01/2001 14:55 FAX 661 6L, 4 14a8 KERN COLINT~ ~ATER AGENCY 1~1002/005
DRAFT
March I, 2001
City of Bakersfield
1000 Buena Vista Road
Bakersfield, CA 93311
Re: Agreement Regarding Assets, Rights & Property
Associated with the Kern River Program
Greetings:
We write to confirm our agreement regarding certain assets, fights and
property associated with our cooperative effort on the Kern River Program.
The attached principles, incorporated herein by reference, set forth the
agreement and we will work together during the coming year to develop a
more precise and formal statement of the agreement.
As you know, the Agency and City have a common interest in enhancing the
benefits of the Kern River and underground aquifers to city and county
constituents. The Agency has received a grant from the state under recently
enacted Proposition 13 and is willing to utilize funds from it for the Kern
River Program that has been the subject of our discussions.
The Agency will be providing $3,000,000 in funding to assist the City in
acquiring certain property from Castle & Cooke California Inc., a description
of which is included in the attached Exhibits A&B. This property will be an
important part of our mutual program. The Agency is providing the money
based upon our agreement as stated by this letter, and as supplemented by the
concurrent agreement between the Agency, City andCastle & Cooke
California, Inc. which is scheduled to dose on March 8, 2001. Before the
,03/01/2001 14:56 FAX 661 634 1438 KERN COUNTY WATER AGENCY ~003/005
KERN COUNTY WATER AGENCY
City of Bakersfield
Re: Kern River Program Principles of Agreement
March 1, 2001
Page Two
end of this year we will develop more detailed formal agreements incorporating the principles set
forth herein. We both will negotiate these more detailed agreements in good faith. If'we are unable
to reach a final detailed agreement, each party will return the consideration received from the other,
though obviously we do not anticipate such a problem.
l/you concur that the foregoing and the included principles constitute our agreement, then please
have an authorized representative sign below indicating your agreement and return to us. We will
conclude by formally signing.
We look forward to working with you to further develop our agreement, and, more importantly, to
working with you over the years to enhance the benefits to our community from the assets and rights
we each possess. We anticipate that this program will long be viewed as a significant enhancement
of our communities economy and quality of life.
Very truly yours,
Thomas N. Clark
General Manager
The attached principles and the foregoing constitute our agreement to this date.
KERN COUNTY WATER AGENCY CITY OF BAKERSFIELD
by Thomas N. Clark By
Title: General Manager Title:
Date: Date:
WATER BOARD AGREEMENT NO.
AGREEMENT NO.
INDEPENDENT CONTRACTOR'S AGREEMENT
THIS AGREEMENT is made and entered into on , by
and between the CITY OF BAKERSFIELD, a municipal corporation, ("CITY" herein) and
DODD INVESTIGATIONS, INC. ("CONTRACTOR" herein).
RECITALS
WHEREAS, CONTRACTOR represents CONTRACTOR is experienced and well
qualified in the field of security; and
WHEREAS, the CITY does not have expertise currently on staff to conduct security.
NOW, THEREFORE, incorporating the foregoing recitals herein, CITY and
CONTRACTOR mutually agree as follows:
1. SCOPE OF WORK. The scope of work is described as: CONTRACTOR
agrees to provide or cause to be provided, during the term of this Agreement, the following
guard services:
a. CONTRACTOR shall provide guard services in accordance with the
CITY's instructions provided by the Manager of the Water Resources Department of the
City of Bakersfield with respect to the post or area to be covered by each guard employed,
the number of guards to be employed and the days of the week, hours per day and hours
of the day of guard service. CITY's representatives shall be entitled to make inspections,
as necessary to assure performance. CONTRACTOR shall supply, at his expense, a
motor vehicle equipped with a two way radio capable of transmitting and receiving calls
with City Water Resources personnel. Compensation for any and all use of this patrol
vehicle shall be deemed as part of the hourly rate charged by the contractor to the City.
b. CONTRACTOR shall make every reasonable effort to take the
appropriate action to protect life and property and enforce state statutes and CITY
ordinances, but shall not carry or use firearms. CITY shall supply to CONTRACTOR a
copy of all CITY ordinances, rules and regulations CONTRACTOR is expected to enforce
as well as suggestions as to the method of enforcement with respect to each CITY
ordinance, rule
INDEPENDENT CONTRACTOR'S AGREEMENT
S:~001 CONTRACTS~DoddAgmt.wpd
- Updated - January 2, 2001
Page 1 of 8
The scope of work shall include all items and procedures necessary to properly complete
the task CONTRACTOR has been hired to perform, whether specifically included in the
scope of work or not.
2. COMPENSATION. Compensation for all work, services or products called
for under this Agreement shall consist of a total of payments not to exceed Fifty Thousand
Dollars ($50,000.00) annually which shall be paid as follows:
Services shall be provided at the rate of $26.43 per hour. CONTRACTOR will submit
invoices on or before the fifty (5th) day of the month for all services rendered the previous
month. CITY will make payments within thirty (30) days after receipt of said invoices.
The compensation set forth in this section shall be the total compensation under this
Agreement including, but not limited to, all out-of-pocket costs and taxes. CITY shall pay
only the compensation listed unless otherwise agreed to in writing by the parties.
Except as set forth in paragraph 5, "Alterations and Extras" the rate of compensation shall
be adjusted yearly, at the anniversary date of this Agreement, upward or downward. The
base for computing the adjustment is the Wholesale Price Index (WPI) for all commodities
as published by the U. S. Department of Labor's Bureau of Labor Statistics. The base
figure for the index date is 1982. The index for the adjustment date shall be computed as
a percentage of the base figure. If the described index is no longer published, another
generally recognized as authoritative shall be substituted by Agreement of the parties.
The WPI used shall be the final index figure for the month of May, and no preliminary
figures shall be used. In no event shall the minimum compensation be reduced below
$26.43 per hour.
The compensation set forth in this section shall be the total annual compensation under
this Agreement including, but not limited to, all out-of pocket costs and taxes. CITY shall
pay only the compensation listed unless otherwise agreed to in writing by the parties.
Annual compensation shall not exceed Fifty Thousand Dollars ($50,000.00) without
approval of City of Bakersfield Water Board.
3. PAYMENT PROCEDURE. CONTRACTOR shall be paid for services
rendered after receipt of an itemized invoice for the work completed and approved by CITY
in accordance with the terms of this Agreement. Payment by CITY to CONTRACTOR shall
be made within thirty (30) days after receipt and approval by CITY of CONTRACTOR's
itemized invoice.
4. KEY PERSONNEL. At request of CITY, CONTRACTOR shall name all key
personnel to be assigned to the work set forth herein. CONTRACTOR shall provide
background for each of the key personnel including, without limitation, resumes and work
experience in the type of work called for herein. CITY reserves the right to approve key
personnel. Once the key personnel are approved CONTRACTOR shall not change such
personnel without the written approval of CITY.
INDEPENDENT CONTRACTOR'S AGREEMENT
S:~001 CONTRACTS\DoddAgmt.wpd
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Page 2 of 8
5. STARTING WORK. CONTRACTOR shall not begin work until authorized
to do so in writing by CITY. No work will be authorized until the contract has been fully
executed by CONTRACTOR and CITY.
6. INCLUDED DOCUMENTS. Any bid documents, including, without limitation,
special provisions and standard specifications and any Request for Proposals, Request
for Qualifications and responses thereto relating to this Agreement are incorporated by
reference as though fully set forth.
7. NO WAIVER OF DEFAULT. The failure of any party to enforce against
another party any provision of this Agreement shall not constitute a waiver of that party's
right to enforce such a provision at a later time, and shall not serve to vary the terms of this
Agreement.
8. LICENSES. CONTRACTOR shall, at its sole cost and expense, keep in
effect or obtain at all times during the term of this Agreement any licenses, permits and
approvals which are legally required for CONTRACTOR to practice its profession.
9. STANDARD OF PERFORMANCE. All work shall be performed in
conformity with all legal requirements and industry standards observed by a competent
practitioner of the profession in California.
'10. MERGER AND MODIFICATION. This contract sets forth the entire
Agreement between the parties and supersedes all other oral or written representations.
This contract may be modified only in a writing approved by the City Council and signed
by all the parties.
11. 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.
12. TERMINATION FOR CAUSE. If at any time CITY becomes dissatisfied with
the performance of CONTRACTOR under this Agreement, CITY may terminate this
Agreement on ten (10) days written notice. Written notice shall be given pursuant to the
notices paragraph of this Agreement. In the event of early termination, CONTRACTOR
shall be compensated only for work satisfactorily completed up to the date of termination
and delivered to and accepted by CITY.
13. COMPLIANCE WITH ALL LAWS. CONTRACTOR shall, at
CONTRACTOR's sole cost, comply with all of the requirements of Municipal, State, and
Federal authorities now in force, or which may hereafter be in force, pertaining to this
Agreement, and shall faithfully observe in all activities relating to or growing out of this
INDEPENDENT CONTRACTOR'S AGREEMENT
S:~001 CONTRACTS\DoddAgmt. wpd
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Page 3 of 8
Agreement all Municipal ordinances and State and Federal statutes, rules or regulations,
and permitting requirements now in force or which may hereafter be in force including,
without limitation, obtaining a City of Bakersfield business tax certificate (Bakersfield
Municipal Code Chapter 5.02) where required.
14. INDEPENDENT CONTRACTOR. This Agreement calls for the performance
of the services of CONTRACTOR as an independent contractor. CONTRACTOR is not
an agent or employee of the CITY for any purpose and is not entitled to any of the benefits
provided by CITY to its employees. This Agreement shall not be construed as forming a
partnership or any other association with CONTRACTOR other than that of an
independent contractor.
15. DIRECTION. CONTRACTOR retains the right to control or direct the
manner in which the services described herein are performed.
16. EQUIPMENT. CONTRACTOR will supply all equipment, tools, materials
and supplies necessary to perform the services under this Agreement.
17. INSURANCE. In addition to any other insurance or bond required under this
Agreement, the CONTRACTOR shall procure and maintain for the duration of this
Agreement the following types and limits of insurance ("basic insurance requirements")
herein:
17.1 Automobile liability insurance, providing coverage on an occurrence
basis for bodily injury, including death, of one or more persons, property damage and
personal injury, with limits of not less than One Million Dollars ($1,000,000) per
occurrence; and the policy shall:
17.1.1 Provide coverage for owned, non-owned and hired
autos.
17.1.2 Contain an additional insured endorsement in favor of
the City, its mayor, council, officers, agents, employees
and volunteers.
17.2 Broad form commercial general liability insurance, ISO form CG00
01 11 85 or 88 providing coverage on an occurrence basis for bodily injury, including
death, of one or more persons, property damage and personal injury, with limits of not less
than One Million Dollars ($1,000,000) per occurrence; and the policy shall:
17.2.1 Provide contractual liability coverage for the terms of
this Agreement.
INDEPENDENT CONTRACTOR'S AGREEMENT
S:~2001 CONTRACTS\DoddAgmt.wpd
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Page 4 of 8
17.2.2 Contain an additional insured endorsement in favor of
the City, its mayor, council, officers, agents, employees
and volunteers.
17.3 Workers' compensation insurance with statutory limits and
employer's liability insurance with limits of not less than One Million Dollars ($1,000,000)
per occurrence; and the policy shall contain a waiver of subrogation and additional insured
endorsement in favor of the City, its mayor, council, officers, agents, employees and
volunteers.
17.4 All policies required of the CONTRACTOR shall be primary insurance
as to the CITY, its mayor, council, officers, agents, employees, or designated volunteers
and any insurance or self-insurance maintained by the CITY, its mayor, council, officers,
agents, employees, and designated volunteers shall be excess of the CONTRACTOR's
insurance and shall not contribute with it. Additional insured endorsement shall use ISO
from CG20 10 11 85 (in no event with an edition date later than 1990).
17.5 Except for workers' compensation, insurance is to be placed with
insurers with a Bests' rating of no less than A:VII. Any deductibles, self-insured retentions
or insurance in lesser amounts, or lack of certain types of insurance otherwise required
by this Agreement, or insurance rated below Bests' A:VII, must be declared prior to
execution of this Agreement and approved by the CITY in writing.
17.6 All policies shall contain an endorsement providing the ClTYwith thirty
(30) days written notice of cancellation or material change in policy language or terms. All
policies shall provide that there shall be continuing liability thereon, notwithstanding any
recovery on any policy. Copies of policies shall be delivered to CITY on demand.
17.7 The insurance required hereunder shall be maintained until all work
required to be performed by this Agreement is satisfactorily completed as evidenced by
written acceptance by the CITY.
17.8 The CONTRACTOR shall furnish the City Risk Manager with a
certificate of insurance and required endorsements evidencing the insurance required.
The CITY may withdraw its offer of contract or cancel this contract if certificates of
insurance and endorsements required have not been provided prior to the execution of this
Agreement.
17.9 Full compensation for all premiums which the CONTRACTOR is
required to pay on all the insurance described herein shall be considered as included in
the prices paid for the various items of work to be performed under the Agreement, and no
additional allowance will be made therefor or for additional premiums which may be
required by extensions of the policies of insurance.
INDEPENDENT CONTRACTOR'S AGREEMENT
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Page 5 of 8
17.10 It is further understood and agreed by the CONTRACTOR that its
liability to the CITY shall not in any way be limited to or affected by the amount of
insurance obtained and carried by the CONTRACTOR in connection with this Agreement.
17.11 Unless otherwise approved by the CITY, if any part of the work under
this Agreement is subcontracted, the "basic insurance requirements" set forth above shall
be provided by, or on behalf of, all subcontractors even if the CITY has approved lesser
insurance requirements for CONTRACTOR.
17.12 CONTRACTOR shall provide, when required by CITY, performance,
labor and material bonds in amounts and in a form suitable to CITY. CITY shall approve
in writing all such security instruments prior to commencement of any work under this
Agreement.
18. INDEMNITY. CONTRACTOR shall indemnify, defend, and hold harmless
CITY, its officers, agents and employees against any and all liability, claims, actions,
causes of action or demands whatsoever against them, or any of them, before
administrative or judicial tribunals of any kind whatsoever, arising out of, connected with,
or caused by CONTRACTOR, CONTRACTOR's employees, agents, independent
contractors, companies, or subcontractors in the performance of, or in any way arising
from, the terms and provisions of this Agreement whether or not caused in part by a party
indemnified hereunder, except as limited by California Civil Code section 2782 or CITY's
sole active negligence or willful misconduct.
19. EXECUTION. This Agreement is effective upon execution. It is the product
of negotiation and all parties are equally responsible for authorship of this Agreement.
Section 1654 of the California Civil Code shall not apply to the interpretation of this
Agreement.
20. NOTICES. All notices relative to this Agreement shall be given in writing
and shall be personally served or sent by certified or registered mail and be effective upon
actual personal service or depositing in the United States mail. The parties shall be
addressed as follows, or at any other address designated by notice:
CITY: CITY OF BAKERSFIELD
WATER RESOURCES DEPARTMENT
1000 Buena Vista Road
Bakersfield, California 93311
CONTRACTOR: GERALD DODD
DODD INVESTIGATIONS, INC.
2328 Quincy Drive
Bakersfield, CA 93306
INDEPENDENT CONTRACTOR'S AGREEMENT
S:~2001 CONTRACTS\DoddAgmt.wpd
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Page 6 of 8
21. GOVERNING LAW. The laws of the State of California will govern the
validity of this Agreement, its interpretation and performance. Any litigation arising in any
way from this Agreement shall be brought in Kern County, California.
22. FURTHER ASSURANCES. Each party shall execute and deliver such
papers, documents, and instruments, and perform such acts as are necessary or
appropriate, to implement the terms of this Agreement and the intent of the parties to this
Agreement.
23. ASSIGNMENT. Neither this Agreement, nor any interest in it may be
assigned or transferred by any party without the prior written consent of all the parties.
Any such assignment will be subject to such terms and conditions as CITY may choose to
impose.
24. BINDING EFFECT. The rights and obligations of this Agreement shall inure
to the benefit of, and be binding upon, the parties to the contract and their heirs,
administrators, executors, personal representatives, successors and assigns, and
whenever the context so requires, the masculine gender includes the feminine and neuter,
and the singular number includes the plural. This Agreement may be executed in any
number of counterparts, each of which shall be considered as an original and be effective
as such.
25. TITLE TO DOCUMENTS. All documents, plans, and drawings, maps,
photographs, and other papers, or copies thereof prepared by CONTRACTOR pursuant
to the terms of this Agreement, shall, upon preparation, become the property of the CITY.
26. ACCOUNTING RECORDS. CONTRACTOR 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
CONTRACTOR's office during the term of this Agreement, and for a period of three years
from the date of the final payment hereunder, and said records shall be made available to
CITY representatives upon request at any time during regular business hours.
27. CORPORATE AUTHORITY. Each individual signing this Agreement on
behalf of entities represent and warrant that they are, respectively, duly authorized to sign
on behalf of the entities and to bind the entities fully to each and all of the obligations set
forth in this Agreement.
28. TAX NUMBERS.
CONTRACTOR's Federal Tax ID Number 95-3714195
CONTRACTOR is a corporation? Yes X No
(Please check one.)
29. NON-INTEREST. No officer or employee of the CITY shall hold any interest
in this Agreement (California Government Code section 1090).
INDEPENDENT CONTRACTOR'S AGREEMENT
S:~2001 CONTRACTS\DoddAgmt.wpd
- Updated - January 2, 2001
Page 7 of 8
30. TERM: This Agreement shall commence upon the above effective date and
terminate one (1) year from then unless sooner terminated as herein provided.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be '
executed, the day and year first-above written.
"CITY" "CONTRACTOR"
CITY OF BAKERSFIELD DODD INVESTIGATIONS, INC.
By:. By:
HARVEY L. HALL
Mayor Title:
APPROVED AS TO FORM:
BART J. THILTGEN
City Attorney
By:
ALAN D. DANIEL
Deputy City Attorney
Insurance:
APPROVED AS TO CONTENT:
WATER RESOURCES DEPARTMENT
By:
GENE BOGART
Water Resources Manager
COUNTERSIGNED:
By:
GREGORY J. KLIMKO
Finance Director
Attachment: Exhibit"A"
INDEPENDENT CONTRACTOR'S AGREEMENT
S:~2001 CONTRACTS\DoddAgmt.wpd
- Updated - January 2, 2001
Page 8 of 8
AGREEMENT NO.
DITCH ERADICATION AGREEMENT
AND PIPELINE EASEMENT
THIS AGREEMENT is made and entered into on , by
and between the CITY OF BAKERSFIELD, a municipal corporation, ("CITY" herein) and
DONALD G. WATTENBARGER, (a sole proprietor) ("DEVELOPER" herein).
RECITALS
WHEREAS, CITY is the owner, and operator of the Kern River Canal & Irrigating
Company, which includes the irrigation ditch known as the Beardsley Canal K. R. C. & I.
Number Four Ditch, now existing as an open dirt ditch; and
WHEREAS, CITY is owner of a right of way and easement of the Beardsley Canal
K. R. C. & I. Number Four Ditch over and across that certain real property owned by
In the County of Kern, State of California, particularly described
as follows: see Exhibit "A," attached hereto and incorporated herein as though fully set
forth; and
WHEREAS, DEVELOPER desires to fill in and eradicate said open ditch and to
substitute a concrete pipeline for said open ditch, of the type and inside diameter
hereinafter specified, in and along said easement and right of way, as hereinafter
provided; and
WHEREAS, CITY is willing to consent to the substitution of an open.ditch for a
covered pipeline upon the terms and conditions hereinafter set forth.
NOW, THEREFORE, incorporating the foregoing recitals herein, CITY and
DEVELOPER mutually agree as follows:
1, PERMANENT RIGHT-OF-WAY AND EASEMENT. DEVELOPER does
hereby grant to CITY the exclusive and permanent right-of-way and easement to construct,
install, maintain, alter, repair, improve, reconstruct, enlarge and supplement and to flow
and conduct water through a buried pipeline or pipelines over, along and in those certain
strips of land in the County of Kern, State of California, owned by DEVELOPER more
particularly described on Exhibit "B,"attached hereto and incorporated herein as though
fully set forth, together with all rights convenient and incidental thereto, including the right
of ingress to and egress from said strip of land over and across said real property of
DEVELOPER, and DEVELOPER covenants, and agrees that no building or other
structures shall be constructed and no trees, vines, or shrubs shall be planted upon said
Ditch Eradication Agreement & Pipeline Easement
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right of way and easement. DEVELOPER covenants and warrants that DEVELOPER has
a fee ownership in said real property described in Exhibit "B," and has the power,
authority and legal ability to transfer the interest in real property to CITY as set forth
herein.
1.1 DEVELOPER agrees, at its own expense, to procure an Easement
Guarantee Policy of title insurance in the amount of Dollars
($ ) from a reputable title insurance company acceptable to CITY, insuring that the
right-of-way and easement herein granted is vested in CITY free and clear of all liens and
encumbrances excepting only those matters waived in writing, if any, by CITY.
2. CONSTRUCTION. DEVELOPER agrees to construct and install along the
centerline of said right-of-way and easement set forth in Exhibit "B" a thirty-six inch (36")
inside diameter concrete irrigation pipeline. Said pipeline shall be of the quality and on
the grade and installed in the manner to be designated and approved in writing by CITY.
Engineering plans for construction shall be approved by CITY, and such plans shall be
incorporated in this Agreement as if fully set forth. Said construction and installation work
shall be done at a time that will not interfere with the flow or distribution of water through
the present Number Four ditch as required by CITY.
2.1 DEVELOPER shall pay the entire cost of laying, constructing and
installing said pipeline or pipelines, inlets, outlets, and other structures required by CITY,
including the costs of all labor and materials incurred or used in connection with the
installation, trenching, backfilling, leveling and testing the same, and the cost of all
engineering, professional and other necessary services furnished by DEVELOPER, or
others in connection therewith. DEVELOPER shall provide to CITY, a labor and materials
bond and a performance bond equal in value to the engineer's estimate of the total cost
of the project, in a form suitable to CITY, to protect CITY against defaults by DEVELOPER.
2.2 DEVELOPER agrees to commence the construction and installation
of said pipeline or pipelines and structures and complete same within a reasonable time.
DEVELOPER shall, once construction has begun, prosecute same diligently until
completion. At no time shall construction interfere with the flow or distribution of water
through the present ditch. CITY shall have the-right to inspect DEVELOPER's work to
insure conformance with plans and specifications and the terms of this Agreement, and
DEVELOPER agrees to pay all costs of inspection by CITY including without limitation fees
charged for inspection services by outside consultants or inspectors.
2.3 DEVELOPER agrees that, upon completion of construction and
installation of said pipeline or pipelines, inlets, outlets and other structures, the same shall
become and remain the property of CITY, and DEVELOPER shall have no right, title or
interest therein, and CITY shall be in the sole and absolute control, of the manner, method
and time of conducting and discharging water through said pipeline or pipelines and
facilities; and the nature and extent of CITY's right of way and easement shall be in no
Ditch Eradication Agreement & Pipeline Easement
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manner diminished or restricted by the construction of said pipeline by DEVELOPER.
DEVELOPER shall, at the completion of construction, quitclaim all of DEVELOPER's right,
title and interest in the pipeline to CITY.
2.4 DEVELOPER agrees to keep and maintain said pipeline or pipelines,
and the inlets, outlets and other structures thereon, in good operating condition and repair
for a period of one year after the completion of construction and acceptance thereof by
CITY, and to pay all costs of such repairs and maintenance and of any replacement of any
part thereof required to maintain said pipeline or pipelines and structures in good
operating condition. DEVELOPER agrees that, in the event DEVELOPER fails, neglects
or refuses to repair, maintain or replace promptly, upon demand any part of said pipeline,
or the structures connected therewith, during said period of one year, CITY shall have the
right, but shall not be required, to make all such repairs or replacements, and
DEVELOPER does hereby agree to repay CITY the cost of any such repairs or
replacements made by CITY upon demand, with the interest at twelve percent (12%) per
annum from the date such cost is incurred to the date of repayment by DEVELOPER.
2.$ Upon full performance of this Agreement by DEVELOPER, and the
acceptance of said pipeline or pipelines and other structures by CITY, CITY agrees to
abandon that portion of its present open ditch and right of way therefor which will be
replaced by said pipeline or pipelines and the right of way and easement herein granted.
CITY agrees to quitclaim to DEVELOPER all prior easements of record.
3. ASSIGNMENT. Neither this Agreement, nor any interest in it, may be
assigned or transferred by any party without the prior written consent of all the parties.
Any such assignment will be subject to such terms and conditions as CITY may choose to
impose.
4. BINDING EFFECT. The rights and obligations of this Agreement shall inure
to the benefit of, and be binding upon, the parties to the Agreement and their heirs,
administrators, executors, personal representatives, successors and assigns.
5. COMPLIANCE WITH ALL LAWS. DEVELOPER shall, at DEVELOPER'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, and permitting
requirements now in force or which may hereafter be in force including, without limitation,
obtaining a City of Bakersfield business tax certificate (Bakersfield Municipal Code
Chapter 5.02) where required.
6. CORPORATE AUTHORITY. Each individual signing this Agreement on
behalf of entities represent and warrant that they are, respectively, duly authorized to sign
Ditch Eradication Agreement & Pipeline Easement
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on behalf of the entities and to bind the entities fully to each and all of the obligations set
forth in this Agreement.
· 7. COUNT£RPARTS. This Agreement may be executed simultaneously or in
one or more counterparts, each of which shall be deemed an original but all of which
together constitute one and the same instrument,
8. EXECUTION. This Agreement is effective upon execution. It is the produbt
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.
9. 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.
10. FURTHER ASSURANCES. Each party shall execute and deliver such
papers, documents, and instruments, and perform such acts as are necessary or
appropriate, to implement the terms of this Agreement and the intent of the parties to this
Agreement.
11. GOVERNING LAW. The laws of the State of California will govern the
validity of this Agreement, its interpretation and performance. Any litigation arising in any
way from this Agreement shall be brought in Kern County, California.
12. INDEMNITY. DEVELOPER shall indemnify, defend, and hold harmless
CITY, its officers, agents and employees against any and all liability, claims, actions,
causes of action or demands whatsoever against them, or any of them, before
administrative or judicial tribunals of any kind whatsoever, arising out of, connected with,
or caused by DEVELOPER, DEVELOPER's employees, agents, independent contractors,
companies, or subcontractors in the performance of, or in any way arising from, the terms
and provisions of this Agreement whether or not caused in part by a party indemnified
hereunder, except as limited by CITY's sole active negligence or willful misconduct.
13. INDEPENDENT CONTRACTOR. This Agreement calls for the performance
of the services of DEVELOPER as an independent contractor. DEVELOPER is not an
agent or employee of the CITY for any purpose and is not entitled to any of the benefits
provided by CITY to its employees. This Agreement shall not be construed as forming a
partnership or any other association with DEVELOPER other than that of an independent
contractor.
14. INSURANCE. In addition to any other insurance or bond required under this
Agreement, the DEVELOPER shall procure and maintain for the duration of this
Ditch Eradication Agreement & Pipeline Easement
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Agreement the following types and limits of insurance ("basic insurance requirements."
herein):
14.1 Automobile liability insurance, providing coverage on an occurrence
basis for bodily injury, including death, of one or more persons, property damage and
personal injury, with limits of not less than One Million Dollars ($1,000,000) per
occurrence; and the policy shall:
14.1.1 Provide coverage for owned, non-owned and hired
autos.
14.1.2 Contain an additional insured endorsement in favor of
the CITY, its mayor, council, officers, agents and
employees.
14.2 Broad form commercial general liability insurance, ISO form CG00
01 11 85 or 88 providing coverage on an occurrence basis for bodily injury, including
death, of one or more persons, property damage and personal injury, with limits of not less
than One Million Dollars ($1,000,000) per occurrence; and the policy shall:
14.2.1 Provide contractual liability coverage for the terms of
this Agreement.
14.2.2 Contain an additional insured endorsement in favor of
the CITY, its mayor, council, officers, agents,
employees and designated volunteers.
14.3 Workers' compensation insurance with statutory limits and
employer's liability insurance with limits of not less than One Million Dollars ($1,000,000)
per occurrence; and the policy shall contain a waiver of subrogation and additional insured
endorsement in favor of the CITY, its mayor, council, officers, agents, employees and
designated volunteers.
14.4 All policies required of the DEVELOPER shall be primary insurance
as to the CITY, its mayor, council, officers, agents, employees, or designated volunteers
and any insurance or self-insurance maintained by the CITY, its mayor, council, officers,
agents, employees, and designated volunteers shall be excess of the DEVELOPER's
insurance and shall not contribute with it. Additional insured endorsement shall use ISO
form CG20 10 11 85 (in no event with an edition date later than 1990).
'14.5 Except for workers' compensation, insurance is to be placed with
insurers with a Bests' rating of no less than A:¥11. Any deductibles, self-insured retentions
or insurance in lesser amounts, or lack of certain types of insurance otherwise required
by this Agreement, or insurance rated below Bests' A:VII, must be declared prior to
execution of this Agreement and approved by the CITY in writing.
Ditch Eradication Agreement & Pipeline Easement
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14.6 All policies shall contain an endorsement providing the CITYwith thirty
(30) days written notice of cancellation or material change in policy language or terms. All
policies shall provide that there shall be continuing liability thereon, notwithstanding any
recovery on any policy. Copies of policies shall be delivered to CITY on demand.
14.7 The insurance required hereunder shall be maintained until all work
required to be performed by this Agreement is satisfactorily completed as evidenced by
written acceptance by the CITY.
14.8 The DEVELOPER shall furnish the City Risk Managerwith a certificate
of insurance and required endorsements evidencing the insurance required. The CITY
may withdraw its offer of contract or cancel this contract if certificates of insurance and
endorsements required have not been provided prior to the execution of this Agreement.
14.9 Full compensation for all premiums which the DEVELOPER is required
to pay on all the insurance described herein shall be considered as included in the prices
paid for the various items of work to be performed under the Agreement, and no additional
allowance will be made therefor or for additional premiums which may be required by
extensions of the policies of insurance.
14.10 It is further understood and agreed by the DEVELOPER that its liability
to the CITY shall not in any way be limited to or affected by the amount of insurance
obtained and carried by the DEVELOPER in connection with this Agreement.
14.11 Unless otherwise approved by the CITY, if any part of the work under
this Agreement is subcontracted, the "basic insurance requirements" set forth above shall
be provided by, or on behalf of, all subcontractors even if the CITY has approved lesser
insurance requirements for DEVELOPER.
15. MERGER AND MODIFICATION. This Agreement sets forth the entire
Agreement between the parties and supersedes all other oral or written representations.
This Agreement may be modified only in a writing approved by the City Council and signed
by all the parties.
16. NO WAIVER OF DEFAULT. The failure of any party to enforce against
another party any provision of this Agreement shall not constitute a waiver of that party's
right to enforce such a provision at a later time, and shall not serve to vary the terms of this
Agreement.
17. NOTICES. All notices relative to this Agreement shall be given in writing and
shall be personally served or sent by certified or registered mail and be effective upon
actual personal service or depositing in the United States mail. The parties shall be
addressed as follows, or at any other address designated by notice:
Ditch Eradication Agreement & Pipeline Easement
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CITY: CITY OF BAKERSFIELD
City Hall
1501 Truxtun Avenue
Bakersfield, California, 93301
.DEVELOPER: DONALD G. WATTENBARGER
P. O. Box 5562
Bakersfield, California 93388
'18. TAX NUMBERS.
"DEVELOPER's" Federal Tax Identification No. 548-56-0627
"DEVELOPER" is a corporation? Yes No X
(Please check one.)
19. TITLE TO DOCUMENTS. All documents, plans, and drawings, maps,
photographs, and other papers, or copies thereof prepared by DEVELOPER pursuant to
the terms of this Agreement, shall, upon preParation, become the property of the CITY.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed, the day and year first-above written.
"CITY" "DEVELOPER"
CITY OF BAKERSFIELD
By: By:
HARVEY L. HALL
Mayor Title:
More Signatures on Following Page
Ditch Eradication Agreement & Pipeline Easement
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-- Page 7 of 8 Pages --
APPROVED AS TO FORM:
BART J. THILTGEN
City Attorney
By:,
ALAN D. DANIEL
Deputy City Attorney
Insurance:
APPROVED AS TO CONTENT:
WATER RESOURCES DEPARTMENT
By:
GENE BOGART
Water Resources Manager
COUNTERSIGNED:
By:
GREGORY KLIMKO
Finance Director
Ditch Eradication Agreement & Pipeline Easement
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Southern California Water Committee, Inc.
3500 P.rschc Way. 5ui~' 201. Omario. California 91764
Plume 909 980.1700 · Fa.x 909 980 2628
I$OAI1D OF TKU,,rD:
FACT SHEET
.q I i.l'llr,~ .4.. Zal'O
CP Ru,.~ '
COtJN'F'I' $1J P I..'.RVI ,q( ')lLq
,.¥ ~,-,¥,,~.,q,,m:,, Description: The Southern California Water Committee, Inc. (SCWC), is a
,,,,. w.,,~., t,..,,.,,,,,,,.~ nonprofit, nonpartisan, public education partnership dedicated
,,.,. s.~t.,~, n:~,r.z to informing Southern Californians about our water needs and
ilo,.P,otSl.~'rtg our state's water resources.
! {Olq. ToDl'~ SH'I'iFI~
,,,,. 1,, v,,,,,s. Spanning Los Pmg¢les, Orange. San Diego, San Bemardino,.
tll~Nl¥ O1: RlYT. ILql
vx~'n',,:' .~. ~..^,..... Riverside. Vcntura, Kern, and Imperial Counties, the $CWC'$
^cmcm:ruar. s,:cn'o,t members include representatives from business, government,
,.,,-,.,,, ,.,,,~, agriculture, water agencies, and the general public.
~,aUL r.c. gr. r.c}ltq.~£'l'l'l,~
IIl~.'l:Jl'ill'q" ¢.'~'~1 !NTT I:nl&M BI :Ill" ~,1 I
,,~cr.~,r,~,,,.t.~r~u Goals: To ensure an adequate, reliable, high-quality water supply'
c,,,,,,...¥~-.v~,¥~ ,~.,¥, statewide by maximizing California's water resources for the
t:]','~ s,.xn'm benefit of current and future generations.
{l'll ti}'
¢'JTT O1~ FULl I:1~ I'*
Ht~. J~ItN
,:r,,r.,~¥.^$,~.,.b Programs: The Southern California Water Committee educates business
i t,,.. s..~ t.s.,,rr,, and government leaders and makes available information to the
~ 11'~' Or. i^.'; rdJF. lq~vr..',rrtJlla
IIo,.J^,~:.~S. Tn^m^s public to support informed decisions on water issues. Thc
, '11¥ or o IINO I IlI.L.~
uuSI~qF. SS SF. CroIt SCWC participates as a "stakeholder" in public forums on
a,,,,,.,.w.~,, water issues both to represent Southern California and to
m cu~ influence the outcome of water issue d¢ci$iom.
INIl¥lq'Nll}:b*l' till {ql.t*ll$11{'.FIl~ &¢,FNt Y
^Cji:lt. BrJ I
B}ual¢ J. Ktl.tv
a,,.,.~sa.~,,,.,.~.~ Why SCWC? Southern California faces critical water supply challenges:
u.,,.,,.n,.,,,,, about 70% of the water falls in Ihe north, while 80% of the
YM I }'¥ INDEPF~DI'.N I
s,^,.~^, r,,.~.,,t, population is in thc south. With proper state allocation, there
I'I~OCI'Ek ~ q.;/0qMJ:
w^.m~ sec'ro,[ is enough water to meet current demand, but a state consensus
.,.m: Dm,u,: on water supply issues is imperative to meet future needs.
("~t, JoIIN ¥'.
.,F.,.,,,',,,:,,,~,,,,.,~:..,,.Executives: Mr. Stephen A. Zapoticzny
:ml'.ts,^l Ilarl¢;a'rh'n~ I)L~t'#h: Chairman
jOlI8 J~ qlN.Y.)N
,~,~.~×.,u,,o,.~,.,~,,-,,..,,., Director, Environmental, Safety & Health
l,.., ~. t,.,,:, CP Kelco
I~ }Hs Mt'F.q >l~l..s
}..~.¥d']lF. Ij & YAll }.Y xYKI l..ll I}1~1111¢.1
S'n:xn'r Pm' Joan Anderson Dym
K}JtN tX)LIN IY ~'411'll
8,,.. a.,,,., M. w,~:,..~ Executive Director
EXliCUI'IVIi DI l%l!Cq'O R
City of Bakersfield
Domestic Water Division
Ashe, Fairhaven, and Riverlakes Ranch Service Areas
Schedule of Rates
General Metered Service Rates Effective Oct. 1r 1999
Within Fairhaven &
City Limits Unincorp-
orated Areas
Quantity Rates:
First 300,000 cu. ff./month $0.49 $0.62
(per 100 cu. ff./month)
All over 300,000 cu. ff./month $0.44 $0.57
(per 100 cu. ff./month)
~ Monthly Service Charge: .
5/8" x 3/4" Service $6.90 $9.07
1" Service $10.51 $13.86
1-1/2" Service $16.03 $20.98
2" Service $21.83 $28.63
3" Service $40.33 $52.87
4" Service $58.63 $76.53
6" Service $105.37 $137.00
8" Service $161.97 $210.26
10" Service $223.26 $288.80
Monthly Private Fire Protection Service Char e: .... ·
1-1/2" Connection $6.30 $8.15
2" Connection $8.40 $10.90
3" Connection $12.60 $16.35
4" Connection $16.80 $21.80
6" Connection $25.20 $32.45
8" Connection $33.60 $43.60
10" Connection $42.00 $54.25
12" Connection $50.40 $65.15
Monthly service charge is a readiness-to-serve charge which is applied to all services and
any quantity of water used is an additional charge computed at the quantity rate.
Conditions of service remain the same.
WATER RATE COMPARISON
Purveyors within Urban Bakersfield Area
Legend
$35.00
$3o.oo AVERAGE MONTHLY WATER BILL i-
$25.00
$20.00
$15.oo
Si o.oo
$5.oo
$o.oo
NOR CWS
CITY' ENCSD (INCLUDESOLCESEAREA)VVVC
WATER PURVEYOR
NOTE: Average based on 28 CCF per month
RESOLUTION 01-04 W.B.
RESOLUTION OF THE CITY OF BAKERSFIELD
WATER BOARD TO ADOPT THE 2000 URBAN WATER
MANAGEMENT PLAN
WHEREAS, the California Legislature enacted Assembly Bill 797 (Water Code Section
10610 et seq., known as the Urban Water Management Planning Act) during the 1983-1984
Regular Session, and as amended subsequently, which mandates that every supplier providing
water for municipal purposes to more than 3,000 customers or supplying more than 3,000 acre
feet of water annually, prepare an Urban Water Management Plan, the primary objective of which
is to plan for the conservation and efficient use of water; and
WHEREAS the City of Bakersfield is an urban supplier of water providing water to a
population over 87,000; and
WHEREAS the Plan shall be periodically reviewed at least once every five years, and that
the City shall make any amendments or changes to its plan which are indicated by the review; and
WHEREAS the Plan must be adopted after public review and hearing, and filed with tee
California Department of Water Resources; and
WHEREAS the City has therefore, prepared and circulated for public review a draft Urban
Water Management Plan, and a properly noticed public hearing regarding said Plan was held by
the Kern County Water Agency on December 11th, 2000; and
WHEREAS the City of Bakersfield did prepare and filed said Plan with the California
Department of Water Resources by December 2nd 2000;
NOW, THEREFORE, BE IT RESOLVED, by the City of Bakersfield Water Board as
follows:
1. The 2000 Urban Water Management Plan is hereby adopted and ordered filed with the Clerk
of the Water Board;
2. The Water Resource Manager is hereby authorized and directed to implement the Water
Conservation Programs as set forth in the 2000 Urban Water Management Plan, which includes
water shortage contingency analysis and recommendations to the City of Bakersfield Water Board
regarding necessary procedures, rules, and regulations to carry out effective and equitable water
conservation and water recycling programs;
3. In a water shortage, the Water Board is hereby authorized to declare a Water Shortage
Emergency according to the Water Shortage Stages and Triggers indicated in the Plan, and
implement necessary elements of the Plan;
.......... 000 ..........
· I HEREBY CERTIFY that the foregoing Resolution was passed and adopted; by the City
of Bakersfield Water Board at a regular meeting thereof held on March 7, 2001 , by the
following vote:
AYES: COUNCILMEMBER
NOES: COUNCILMEMBER
ABSTAIN: COUNCILMEMBER
ABSENT: COUNCILMEMBER
Sharon Robison, Secretary
City of Bakersfield Water Board
APPROVED March 7, 2001
By.
GENE BOGART
Water Resources Manager
APPROVED AS TO FORM:
BART J. THILTGEN
City Attorney
By
ALAN D. DANIEL
Deputy City Attorney
URBAN WATER MANAGEMENT PLAN
REVIEW
CITY of BAKERSFIELD, CALIFORNIA
DOMESTIC WATER SYSTEM
PREPARED BY
CITY of BAKERSFIELD
WATER RESOURCES DEPARTMENT
DOMESTIC WATER DIVISION
November, 2000
URBAN WATER MANAGEMENT PLAN
REVIEW
CITY of*BAKERSFIELD, CALIFORNIA
DOMESTIC WATER SYSTEM
IN RESPONSE TO THE URBAN WATER MANAGEMENT
PLANNING ACT
ASSEMBLY BILL NO. 797,
ASSEMBLY BILL NO. 2661
DIVISION OF WATER CODE SECTION 10610 ET SEQ.
PRESENTED TO CITY of BAKERSFIELD WATER BOARD FEBRUARY, 2001
PREPARED BY
CITY of BAKERSFIELD
WATER RESOURCES DEPARTMENT
DOMESTIC WATER DIVISION
November, 2000
TABLE OF CONTENTS
GENERAL INFORMATION ....................................................... Page 1
Service Area Map ........................................................ Page 2
PAST, PRESENT AND PROJECTED WATER USE ................................... Page 3
Past Water Use .......................................................... Page 3
Table No. 1 Water Use - City of Bakersfield Domestic Water System ............... Page 3
Present Water Use ....................................................... Page 4
Graph No. 1. Average Residential Water Consumption for
Ashe, Fairhaven and Riverlakes areas ................................. Page 4
Table No. 2 Percentage of Total Water Use by Category - 1999-2000 .............. Page 4
Projected Water Use ...................................................... Page 5
WATER SOURCES AND SUPPLY OUTLOOK ....................................... Page 5
General System Expansion ................................................ Page 5
Groundwater ............................................................ Page 5
Groundwater Recharge ................................................... Page 5
TABLE No. 3. 2800 Acre Recharge Facility
Recapitulation of Spreading, Losses, Recovery and Storage ............... Page 5
Future Supplies .......................................................... Page 6
Wastewater Recycling .................................................... Page 6
Table No. 4. Historical quantities of recycled water
from treatment plants 2 & 3 (Units in Acre-Feet) .......................... Page 6
SUPPLY DEFICIENCIES ......................................................... Page 7
Historical Deficiencies ..................................................... Page 7
Graph No. 2. Average System Water Table Depths
Depth to Water from Zero Ground Surface .............................. Page 7
Future Deficiencies ....................................................... Page 7
Drought ................................................................ Page 7
Emergency ............................................................. Page 8
CONSERVATION MEASURES CURRENTLY ADOPTED AND BEING PRACTICED ......... Page 8
Metering ............................................................... Page 8
Waste of Water Notices ................................................... Page 8
Municipal Ordinances ..................................................... Page 8
Building Codes .......................................................... Page 9
Mainline Extension Contracts ............................................... Page 9
City Water Main Specifications .............................................. Page 9
Public Information Programs ............................................... Page 9
City Internal Water Conservation Measures ................................... Page 9
ADDITIONAL WATER MANAGEMENT/CONSERVATION MEASURES TAKEN
WITHIN LAST FIVE YEARS ............................................... Page 10
Water Meters .......................................................... Page 10
Public Awareness/Education .............................................. Page 10
Water Wastage Patrol ................................................... Page 10
Ultra-low-flow water closets and associated flush valves
ordinance for all new construction .................................... Page 10
SUMMARY AND DISCUSSION OF WATER MANAGEMENT PROGRAMS TO
IMPLEMENT IN THE NEXT FIVE YEARS .................................... Page 11
Water Meters .......................................................... Page 11
Public information and water education program ............................... Page 11
SUMMARY AND DISCUSSION OF ALTERNATIVE WATER MANAGEMENT
PROGRAMS NOT CHOSEN FOR IMPLEMENTATION ......................... Page 12
Water Survey Programs .................................................. Page 12
Residential plumbing retrofit ............................................... Page 12
System water audits, leak detection, and repair ............................... Page 12
Large landscape conservation programs ..................................... Page 12
Ultra-low-flow water closets and associated flush valves replacement
program for existing units .......................................... Page 12
FIVE YEAR BUDGET AND IMPLEMENTATION SCHEDULE ........................... Page 12
APPENDICES CONTENTS ...................................................... Page 13
URBAN WATER MANAGEMENT PLAN
CITY OF BAKERSFIELD, CALIFORNIA, DOMESTIC WATER SYSTEM
IN RESPONSE TO THE URBAN WATER MANAGEMENT PLANNING ACT
DIVISION OF WATER CODE 10610 ET SEQ.
GENERAL INFORMATION
Bakersfield is the county seat, and the principal metropolitan city of Kern County. Located near the
geographical center of the county, Bakersfield is 110 miles north of Los Angeles; 271 miles south of
Sacramento, the state capital; 286 miles south of San Francisco; 282 miles west of Las Vegas; and about
140 miles from the Pacific Coast.
The climate of Bakersfield includes cloudless, warm and dry summers with mild and semi-arid
winters. 90% of all precipitation falls from October through April with the average annual precipitation being
less than 6", classifying the area as a desert. The Kern River is the only local usable source of water for the
Bakersfield area and is fully used in supplying water for drinking, irrigation and groundwater replenishment.
Bakersfield is one of the fastest-growing cities in the nation. Current January 1,2000 population
figures place the population over 237,222 with metropolitan Bakersfield at 396,000 and the population of
the county at 648,400.
The City of Bakersfield Domestic Water System is a municipally-owned system, acquired by the City
of Bakersfield on December 22, 1976. The City operates under the council-manager from of government,
with the Water Board of the City of Bakersfield recommending, administering and implementing domestic
water policies set by the City Council.
The Domestic Water System serves domestic, commercial and industrial customers in and adjacent
to the westerly portion of the City of Bakersfield. The original system was established in the early 1960's
under California P. U. C. jurisdiction, and grew steadily from about 300 customers in mid-1963 to 1,000
customers in mid-1969 and to about 3,300 customers at the beginning of 1977, at which time the City
assumed ownership. The system presently has over 25,000 service connections representing a population
of approximately 94,000.
The City currently contracts (under agreement) to perform normal, daily operations and
maintenance, meter reading and billings with an investor-owned public utility who also furnishes public utility
water service throughout the State of California, including service to customers in the Bakersfield area. The
contractor acts as agent for the city and is under the supervision of the City.
The Domestic Water System is operated under enterprise budgeting, thus the water service rates
must be adequate to operate the system without the use of general tax revenues or other tax supports.
City Hall: Alan Tandy, City Manager
City Hall, City of Bakersfield
1501 Truxtun Avenue
Bakersfield, CA 93301
Water Board: Councilmember Mark Salvaggio, Chair
Councilmember David Couch, Vice-Chair
Councilmember Irma Carson
City of Bakersfield Water Board
1000 Buena Vista Rd.
Bakersfield, CA 93311
Water Resources Dept.: Gene Bogart, Manager
Water Resources Department
1000 Buena Vista Rd.
Bakersfield, CA 93311
Page 1
PAST, PRESENT AND PROJECTED WATER USE
Past Water Use
The City system derives 100% of its water supply from groundwater wells located throughout the
service area. Presently, there are 49 wells in production with three more planned by Spring, 2001. Records
of production and water use have been compiled and maintained by the City since 1977.
The system is 100% metered, therefore, complete and accurate records of water use are available
from the time the City assumed control of the water service.
Table No. 1
Water Use - City of Bakersfield
Domestic Water System
J
1977 ~91
1978 5076
1979 6141
1980 6835
1981 7805
1982 8177
1983 10147
1984 12527
1985 13810
1986 14659
1987 14766
1988 16009
1989 17620
1990 18862
1991 17523
1992 19901
1993 22040
1994 23008
1995 23271
1996 24948
1997 24939
1998 24361
1999 30599
2000* 27626
* Nov. & Dec., 2000 are estimated
Page 3
Present Water Use
Graph No. 1 depicts the average consumption of water per residential customer per month for the
previous six years. The graph shows a typical pattern for our climate, Iow winter and higher summer use.
The peak usage year on the City water system was 1999. Records and estimates of 2000 reflect similar
water use for 2000.
Graph No. 1. Average Residential Water Consumption for
Ashe, Fairhaven and Riverlakes areas.
25
20 ....................
el5
10.
Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec
Month
Records of metered deliveries to all customers in 1999-2000 (July 1999 through June 2000) show the
following percentage of use by category of consumer:
Table No. 2
Percentage of Total Water Use by Category - 1999-2000
Residential 74.07%
Business/Commercial 15.57%
Industrial 2.82%
Public Authorities 6.78%
Temporary Service (Construction) 0.75%
Unaccountable 0.01%
Page 4
Projected Wate Use
Projected water use patterns are anticipated to show an increase in total consumption of water in
all categories of service, however, no increase is projected for amount consumed per customer.
The projected increase in demand or the use of water through 2010 is to be met by increasing
groundwater withdrawals through deep well pumping. The City has constructed pipelines, water wells and
storage reservoirs to deliver stored groundwater to its service area from the "2800 Acres". The City's water
service demand increases through 2010 will in part be met in this way.
WATER SOURCES AND SUPPLY OUTLOOK
General System Expansion
The City foresees continued growth throughout the greater Bakersfield area and especially in the
service area of the City water system. Additional water supplies will be needed to meet the growth and
population increases, however these supplies will be met with additional groundwater wells. The good
aquifer source is limited by economical pumping depths rather than withdrawn quantities. The City's
planned service area will be in areas that have been under general agricultural use, thus a "trade" in the type
of use of water will take place.
The City owns Kern River water and Lake Isabella reservoir storage rights and presently has
contractual commitments for this water. However, at the end of the contract periods, the City has an option
on the use of this water. Present City policy is, at the end of the contract periods, that disposition of the
water will be to the benefit of the citizens of the City of Bakersfield.
Groundwater
The City derives its delivered water supply solely from groundwater. The water is pumped and
delivered and the quality is excellent. The local aquifer yields are good and can be readily recharged by
percolation in the Kern River channel and other sites.
Groundwater Recharqe
The groundwater aquifers in the City service area can readily be replenished through percolation
operations. Kern River and other supplemental, imported water is used in recharge programs.
The City owns and operates a groundwater recharge facility known as the "2800 Acres". Excess
Kern River and other waters are introduced and allowed to percolate into the underground and stored for
later extraction and use. Table No. 3 is an accounting of the water supply the City presently has in storage.
This program has a balance of over 203,000 acre-feet of water available for extraction and use by the City.
TABLE No. 3. 2800 Acre Recharge Facility
Recapitulation of Spreading, Losses, Recovery and Storage
1994 0 0 8,311 167,864
1995 13,089 0 1,297 179,656
1996 300 0 1,781 178,175
1997 16,635 998 618 193,194
1998 52,606 3,158 30,269 212,373
1999 0 0 6,741 205,632
Page 5
* Data complied through October, 2000
The Kern County Water Agency has implemented programs to bring imported California Aqueduct
water to urban Bakersfield. The project is based on a fundamental concept of operation in which imported
water is introduced annually in the underground aquifers for groundwater replenishment and in addition, a
portion is treated and distributed in-lieu of pumping groundwater. This program is paid for through ad
valorem taxes and a tax levied on all groundwater pumped and used in the urban Bakersfield area. The
City's customers and most of the current City service area lie within the benefitted urban area.
Future Supplies
The City's dependency on groundwater for past, present, and future (through 2010) water supplies
can make predictions for supplies fairly certain. The City will continue to use groundwater supplies for its
service area through the year 2010. The replenishment programs, as described, will insure adequate
groundwater to meet demands. Groundwater pumping stations will be sited, constructed and operated within
the City service area, in conjunction with the "2800 Acres" program as demands are forecasted.
Wastewater Recyclin.q
The City of Bakersfield recycles all of the wastewater from both of it's sewage treatment plants. This
reclaimed water is used in agricultural crops on the City's farm properties. These agricultural crops would
otherwise require the pumping of groundwater to sustain the farm lands. Table No. 4 summarizes the total
effluent recycled from both of the City's plants:
Table No. 4. Historical quantities of recycled water
from treatment plants 2 & 3 (Units in Acre-Feet)
1990 27,764
1991 27,862
1992 28,528
1993 27,851
1994 29,759
1995 30,763
1996 31,239
1997 29,963
1998 29,708
1999 30,135
2000(through October2000) 25,733
Page 6
SUPPLY DEFICIENCIES
Historical Deficiencies
The City's Domestic Water System has not experienced a supply deficiency. The system relies on
local groundwater supplies, produced from 49 wells, to maintain water service. A groundwater level
histograph, Graph No. 2 has been prepared showing the water levels, both static and pumping in City-
owned water wells. As the graph shows, water levels since the City assumed ownership of the system ~n
1977, increased substantially through 1986. Several consecutive drought years on the Kern River, and
statewide drought effecting State Water Project ID #4 deliveries, resulted in a decline of water levels from
1987 through 1992 due to lack of full supplies from recharge water. Increased water supplies since 1993
have improved ground water levels dramatically throughout the service area and especially in the City's
"2800 Acres".
Graph No. 2. Average System Water Table Depths
-100
-120
~'-140
-160
~'-180
/
-200
static LeVel -- Purn'pin'g'Level
1977 1980 1983 1986 1989 1992 1995 1998
Years - Spring and Fall Measurements
Depth to Water from Zero Ground Surface
Future Deficiencies
There will be no deficiencies in water supplies to the system within the next 20 years. The City will
continue to expand service area and meet demands through extraction of groundwater. Pumping from the
aquifer underlying the City water service area in conjunction with the extraction of City stored groundwater
in the "2800 Acres" will be adequate to meet foreseeable demands.
Drou.qht
Drought will not effect the ability to meet demands for water service to the City service area. The
groundwater replenishment and storage programs have stored adequate supplies, although the effect of a
prolonged drought would lower water levels, thereby cause a financial impact to the City and its water
Page 7
customers.
Emer.qenc,/
Water availability in emergency situations is uncertain to estimate, depending on the type and
magnitude of the emergency.
Emergencies involving natural disaster, such as massive earthquake or flooding, are most likely to
cause short term disruption of service, until damages can be evaluated. However, the water sup.ply will still
be intact, as the effects of earthquakes or floods on the groundwater will more than likely be m~nor. Most
disruptions of this type occur due to damages to facilities and equipment.
Emergencies involving water quantity or quality can be remedied by direct exchange or transfer of
City water system production with other water system operators. This can and has been done on several
occasions through metered inter-connections between adjacent water purveyors. However, on an expanded
plan, the water service companies and districts derive their sources of water from the same groundwater
aquifers, therefore, no "new" water is created.
A long-range study plan could benefit all purveyors of water in the greater Bakersfield area. The
plan would mainly address capital facilities required to transfer existing supplies, not alleviate long term
shortages or future expansion.
CONSERVATION MEASURES CURRENTLY ADOPTED AND BEING PRACTICED
Metering
The City system is metered to 100% of its service connections, exclusive of public fire protection
services (public fire hydrants). This method of service provides accurate detail to the City and the customer
of quantities used in particular situations, so both City and customers are aware of amounts of water
consumed. The metering method allows the customer to reward himself for practicing water conservation
methods, through a lower monthly water bill. The Public Utilities Commission of the State of California,
General Order No. 103 encourages metered volume sales unless specific authorization has been granted
otherwise. Although not under the CPUC, the City has adopted service standards patterned after General
Order No. 103.
A comparison of water use in the Bakersfield area for the annual period of 1999 shows that the
average residential metered customer in the City's system used 37,726 cubic feet (372.76 ccf) of water,
while major water utility records show for the same period, that similar flat rate service in other areas of
Bakersfield shows consumption was 45,190 cubic feet (451.9 ccf). This supports the metering effort for
conservation purposes in this particular case.
Waste of Water Notices
The City's continuing policy of using the "Waste of Water Notice" doorknob hangers are used when
there is a display of outside waste of water. The notices also include a review of ways to conserve water
inside, as well as outside the home.
Municipal Ordinances
The City has adopted varying ordinances relating to water wastage. The ordinances apply to service
areas of all utilities who supply water to the incorporated City boundaries, as well as the City-owned water
system. A listing of these ordinances is provided and described in the City's previous "Urban Water
Management Plan"of October, 1985.
Municipal Code ordinances:
12.28.010 Hose or water pipe on public way unlawful.
Any person leaving or permitting to be left any hose or water pipe upon or across any sidewalk,
sidewalk space or any public passageway, within the city, between the hours of nine p.m. and
Page 8
six a.m., shall be punished as set forth in general penalty provision Section 1.40.010. (Ord. 3434
§ 1, 1992: prior code § 10.07.090)
12.28.020 Water on sidewalks unlawful-- Exception.
Any person owning or having in his possession any water pipe, drain or hose and who permits
the water therefrom to run across any sidewalk, public street or alleyway, so as to injure the
same or obstruct or interfere with the free travel thereon, or who permits said water to run into or
upon the surface of the street, shall be punished as set forth in general penalty provision Section
1.40.010, excepting, however, that it is not unlawful to use a reasonable amount of water to
clean any sidewalk or portion thereof within the city. (Ord. 3434 § 2, 1992: prior code §
10.07.070)
12.28.030 Allowing irrigation water to overflow into gutters unlawful.
It is unlawful for the owner, agent or tenant of any dwelling house, apartment house, flat building
or any building or premises in the city where water is used to irrigate or sprinkle the lawn or
plants on or about said premises to allow the water so being used to run, or for such person to
sprinkle said premises until the water floods the parking space between the sidewalk and the
curb and overflows into the gutter and street. (Prior code § 8.56.010)
12.28.040 Duty to turn off water before it overflows into gutters.
It shall be the duty of all owners, agents or tenants of dwelling houses, apartment houses, flat
buildings and all such premises where water is used to irrigate or sprinkle the lawn and plants on
or about said premises, to shut or turn off all water before the same runs over the curb in front of
said premises and into the gutter and street. (Prior code § 8.56.020)
14.04.300 Service connections, meters and customers' facilities--Water wastage.
Where negligent or wasteful use of water exists on a customer's premises, seriously affecting
the general service, the city may discontinue the service if such conditions are not corrected
within five days after giving customer written notice of intent to do so. (Prior code § 1.46.150(g))
Building Codes
The City has adopted the California Administrative Code, Title 24 (State Building Standards
Code) relating to Energy Conservation in new building construction. The code specifically relates to
energy conservation, but some provisions apply to the use of Iow-flow showerheads, lavatory faucets
and sink faucets.
Mainline Extension Contracts
The City can offer Mainline Extension Contracts to developers for extending City facilities to new
developments. The contracts are patterned after Rule 15 of California Public Utilities Commission. The
City's contract rule provides for water conservation provisions.
City Water Main Specifications
City standards for water main installations on its system require pressure and leak testing before
acceptance by the City. The standards for pressure and leak testing are patterned after the American
Water Works Association, Specification C600 and Specification C603-78.
Public Information Programs
The City's billing contractor has continued with a variety of billing stuffers that constantly remind
customers to conserve water. Brochures and water saving kits have been available at the business
office and have been distributed to schools and government offices. Publicity releases on water and
water conservation are routinely distributed to the media. The billing format for customers shows a
detailed summary of water use for the current month and gives a consumption history for the previous
12 months.
Page 9
City Internal Water Conservation Measures
The City system has incorporated procedures and practices to achieve water conservation and
manage the water supply. Extensive records on consumption, production and use histories are
maintained. New water system installations are constructed under strict standards for pressure and leak
detection. A leak detection and repair program is ongoing. The City system is 100% metered, allowing
the customer knowledge of their water use, who may then adjust their consumption accordingly.
ADDITIONAL WATER MANAGEMENT/CONSERVATION MEASURES TAKEN WITHIN LAST FIVE
YEARS
Water Meters
The City Domestic Water System continues its program of 100% metering of all domestic services.
A meter change-out program has been initiated to systematically replace older meters. A sampling of the
old meters are then tested for accuracy to evaluate the unaccounted for losses in the system. This program
has helped reduce unaccounted for losses.
Public Awareness/Education
The City has financially participated in a television advertising campaign whose purpose is to inform
the public of the drought and to offer suggestions in ways to save water around the home. The campaign,
over the last three years, has been continually revised and updated and has been slotted in over 500
television "spots" around the clock.
The Kern County Water Agency is providing a program of classroom education, water facility tours,
and radio and television ads, with these programs funded from general tax revenues derived in part from
customers of the City Water System.
City staff have made presentations to various groups of City employees, concerning water
conservation and water awareness. At the conclusion of the presentations, "Water Saving Kits" are
distributed to the employees.
Other public forums used to promote water awareness and conservation have been manned
information booths at the Kern County Fair and monthly Downtown "Street Faires", where literature and
"Water Saving Kits" have been distributed. The City participates in "Water Awareness Month" each May,
in conjunction with the Water Association of Kern County and the American Water Works Association. This
program has local governments proclaiming water conservation and sets up displays in local government
offices and libraries.
The City's billing contractor has included "envelope stuffers" on water conservation and water saving
tips in each month's bill. Special emphasis is being placed on outdoor water use, as such use is especially
high in the summer months in this area.
Water Wastaqe Patrol
The City operations contractor has initiated a water wastage patrol program, sometimes called a
"water cop". This program not only fields personnel on the look out for waste of water but also investigates
complaints received from the public on wasting water. Procedures to stop the waste of water are followed,
including visiting the premises to talk to the offender and offer assistance or advice all the way to cessation
of service for non-compliance of water waste ordinances, if needed.
Ultra-low-flow water closets and associated flush valves ordinance for all new construction
The City has adopted, by reference, the Uniform Building Code sections relating to Iow water use
plumbing fixtures installed in new construction. The City periodically evaluates changes in the Code and
updates City standards to reflect changes in the law. Assembly Bill No. 2355 has been incorporated into
the Building and Plumbing code standards as required.
Page 10
SUMMARY AND DISCUSSION OF WATER MANAGEMENT PROGRAMS TO IMPLEMENT IN THE
NEXT FIVE YEARS
* Water metering
* Public information and water education program
Water Meters
The City Domestic Water System continues its program of 100% metering of all domestic services.
A meter change-out program has been initiated to systematically replace older meters. A sampling of the
old meters are then tested for accuracy to evaluate the unaccounted for losses in the system. This program
has helped reduce unaccounted for losses.
Public information and water education program
The current programs described earlier in this report will continue, throughout the drought and
beyond. A continual education and awareness policy will be adhered to by the City. Opportunities to be
involved in awareness and publicity campaigns will continue.
Page 12
SUMMARY AND DISCUSSION OF ALTERNATIVE WATER MANAGEMENT PROGRAMS NOT
CHOSEN FOR IMPLEMENTATION
* Water survey programs
* Residential plumbing retrofit
* System water audits, leak detection, and repair
* Large landscape conservation programs
* Ultra-low-flow water closets and associated flush valves replacement program for existing units
Water Survey Programs
At this time it is not cost effective to conduct water survey programs. The City cooperates with and
contributes to other agencies which implement water conservation techniques, materials and methods.
Residential plumbing retrofit
The City has adopted, by reference, the Uniform Building Code sections relating to Iow water use
plumbing fixtures installed in new construction. The City periodically evaluates changes in the Code and
updates City standards to reflect changes in the law. Assembly Bill No. 2355 has been incorporated into
the Building and Plumbing code standards as required.
System water audits, leak detection, and repair
The City's domestic water system is relatively new with most residences being built within the last
fifteen years. Repairs to water main leaks are conducted as necessary. Previous water audits have proven
to be costly with little or no benefit to the City.
Large landscape conservation programs
The majority of large landscapes are maintained by the City Parks Department. Parks evaluates
and readjust irrigation meters seasonally to avoid water wastage. Drought tolerant tress and shrubs are
planted in parks. The Parks Department benefits and rewards themselves from water conservation efforts
in having lower water bills.
Ultra-low-flow water closets and associated flush valves replacement pro.qram for existinq units
At this time it is not cost effective to offer incentives for change out of these devices. However, the
customer may make the decision to replace an existing unit "in the spirit of water conservation" and in doing
so may enjoy some savings on their water bill. A majority of the City's 25,000 plus service connections
came on in the last fifteen years, with benefits of the latest in water plumbing technology, including Iow flow
toilets and fixtures.
FIVE YEAR BUDGET AND IMPLEMENTATION SCHEDULE
Program name Implementation Budget Summary
ULTRA LOW FLOW DEVICES State law; Adopt by No cost to City
reference, incorporate
in City Build Code-1/92
PUBLIC INFORMATION & Current, continuing & Approx. $25,000
WATER EDUCATION expanding. In-house, annually
contractor, and
local water associations
Page 13
WATER RESOURCES DEPARTMENT
G~E B~T, M~r
~O~ CO~, Water R~our~s Director
PA~CK E. ~UP~, Superintendent
S~ ~OND, Fomenting ~d Re~rds ~2~-3007
~U~CE ~D~L, Business M~er
~ ~ DISPATCHE~ 32~-371~
Feb~ 16, 2001
L. M~k Mulkay. Gener~ M~ager
Kern Delta Water Dist~ct
501 T~ Hi.way
B~ersfield, CA 93307-6247
~: STYE CAN~ PILOT ~C~RGE PROJECT
De~ ~. Mulkay:
~e Ci~ of B~ersfield Water Reso~ces Dep~ent h~ reviewed Kern Delta Water Dis~t's Stine
C~ Pilot Rech~ge Project proposal. As presented, the project h~ the prospects of creating
additional water supply benefits to ~e vici~ by increasing ~e abili~ to capt~e ~d rein new
water supplies for the greater B~ersfield ~ea. Also, it appe~s ~e rech~ge ponds would ~so be
used to incre~e ~e dis~cts capaci~ to receive ~b~ sto~ ~offflows ~at occ~ in ~e~ adjacent
to ~e dist~cm c~als ~d place ~ose flows into beneficial use for gro~dwater rech~ge.
~e Ci~ suppo~s ~e concept of~is project ~d ~e Kern Del~ Water Dis~ct gro~dwater rech~ge
ponds for ~e p~oses of percolating new water supplies in the ~ea ~d allowing ~e dis~ct to re.in
local sto~ water ~off for beneficial uses, ~ desc~bed in ~e project desc~ption.
Plebe keep ~e Ci~ notified of~e progress of this proposed project.
S~cerely,
GENE BOGA~T
M~ager
Flora Core
Director
· cc: City of Bakersfield Water Board
Alan Daniel, Deputy City Attomey
Dan Schmidt, Boyle Engineering
1000 BUENA VISTA ROAD · BAKERSFIELD, CALIFORNIA 93311 ° (661) 326-3715
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, . , i ._ PROPOSED DIRECT AND
SCHEDULED MEETINGS
JANUARY 2001 THROUGH DECEMBER 2001
BAKERSFIELD CITY COUNCIL
[--~ REGULAR MEETING (7:00 PM) BUDGET HEARINGS & DEPARTMENT PRESENTATIONS
'WORKSHOP-CLOSED SESSION (5:15 PM) NHEARING 6/13/2001, ADOPTION 6/27/2001 @ 7:00 pm
PRESENTATION, MONDAY 12 NOON
JOINT CITY/COUNTY MEETINGS
r~--~PRESENTATION, WEDNESDAYS AT 5:15 PM
HOLIDAYS - City Hall Closed
~ AGENDA MEETING ~ DEPARTMENT HEAD MEETINGS
~ WATER BOARD MEETING (PROPOSED) ~ PAYDAY
JANUARY FEBRUARY MARCH
S M T W TH F S S M T W TH F S S M T W TH F S
~..~ 4 5~ 8 9 10
14~ 16[~ 18~'~]~.u_jj 20 11 12 15~ 17 11 12 15~ 17
28 29 30~ 25 '~'~[~ 25 26~[~'~ 29~ 31
APRIL MAY JUNE
S M T W TH F S S M T W TH F S S M T W TH F S
1 2 5 6 7 1 2 3 4 5 1 2
8 9 12~ 14 6 7 10~ 12 3 6 7~ 9
22 23~] 251 26~ 28 20llc~_____~:~~211l~22~ 23 24~ 26 17 20 21~ 23
28
29
3O
JULY AUGUST SEPTEMBER
S M T W TH F S S M T W TH F S S M T W TH F S
3 2~
1 2 ~,.,, ~, 5 ~ 7 1 ~ 4 1
8 9',~1 ~ 12 13 14 5 6~'] 9 10 11 2~._.,,[~] 6 7 8
9~ ~1i1~ ~ ~ 15
22 23 24 25 26 27 28 19 20 23 24 25 16 17 20 21 ~
29 30~ 26 27 30~ 26 24 25 26 27~ 29
30
OCTOBER NOVEMBER DECEMBER
S M T W TH F S S M T W TH F S S M T W TH F S
14 15 17 18 19 20 11~j:~L_~ 15 16 17 9~L_~ 13 14 15
28 20 30 31 25 26~-~-]'"'"~'~'~"~'"""~" 23~i; ~ 26 27 28 29
Adopted by Resolution No. 146
November 29, 2000
REVISED 02/28/01