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HomeMy WebLinkAbout05/09/01 WATER BOARD Mark C. Salvaggio~ Chair David Couch, Vice Chair Harold Hanson CITY OF BAKERSFIELD WATER BOARD MEETING WEDNESDAY, MAY 9, 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 APRIL 23, 2001 SPECIAL MEETING MINUTES 4). SCHEDULED PUBLIC STATEMENTS A. Presentation by California Water Service Co. on the Progress of the Northeast Bakersfield Water Supply Project 5). KERN RIVER LEVEE DISTRICT B. 2001 - 2002 BUDGET REVIEW - For Board Information 6). KERN RIVER OPERATIONS REPORT 7). OLD BUSINESS A.CITY COUNCIL REFERRAL CONCERNING MUNICIPAL ELECTRICAL POWER- Staff Update B. PARTICIPATION IN THE SOUTHERN CALIFORNIA WATER COMMITTEE- For Board Approval 8). NEW BUSINESS A. WATER SERVICE AGREEMENT WITH KERN RECREATION CAMP - For Board Approval .- Page 1 of 2 .: 1000 BUENA VISTA ROAD · BAKERSFIELD, CALIFORNIA 93311 ° (661) 326-3715 WATER BOARD MAY 9, 2001 B. WATER EXCHANGE AND SALE TO CALIFORNIA WATER SERVICE CO. FOR SUPPLY TO KERNVILLE SYSTEM - For Board Approval C. AGRICULTURAL WATER DIVISION 2001 WATER PRICE SCHEDULE- For Board Review D. DOMESTIC WATER DIVISION WATER RATE SCHEDULE- For Board Review and Recommendation to City Council E.LETTER REQUEST TO KERN COUNTY WATER AGENCY FOR TREATED WATER AND PIPELINE CONVEYANCE - For Board Approval F. DOMESTIC WATER MAINLINE EXTENSION REFUND REASSIGNMENTS - For Board Information 9). TOUR OF WESTERN BIKE PATH EXTENSION ROUTE ALONG KERN RIVER (STOCKDALE HIGHWAY TO ENOS LANE) - Tour of Approximately45 minutes 10). WATER BOARD STATEMENTS 11). ADJOURNMENT Water~Resourc]es Manager POSTED: May 4, 2001 $:~2001WBMIN~WBMY09 Page 2 of 2 MINUTES OF THE SPECIAL MEETING · '~ ' OF THE WATER BOARD - CITY OF BAKERSFIELD Held Monday, April 23, 2001, 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 Harold Hanson 3. Boardmember Couch made a motion to approve the minutes of the regular Water Board meeting held March 7, 2001. Motion carried. 4. There were no public statements at this time. : 5. Staff made a presentation to the Board of the City Council referral regarding municipal .... electrical power. Mr. Core, Water Resources Director, gave an update on the status of the domestic water system and affect of potential power outages. Both the City system and California Water Service Company deliveries can remain in a near normal mode under rolling blackout blocks as projected by P.G.&E. System stand by generators and storage will be activated to keep water flowing under normal demands. Mr. Alan Whitten, Water Resources Engineer, gave a report on the history of electric power development; and Mr. Alan Daniel, Deputy City Attorney, gave an update on the legalities of the power situation. After these presentations, the item was discussed by staff, the public and Board Members at great length. Staff made no recommendation at this time, but will continue to investigate and pursue available options. A Report and presentation to City Council will be made at the April 25, 2001 Council meeting. Since some members of the public arrived late, Board Chair Salvaggio opened the meeting for any comments or concern they may have on the electrical power issue. Several major concerns were raised by the public audience with input as to how all entities might be able to work together to help alleviate some of the effects to our community from electrical energy crisis. Boardmember Couch suggested that the City take a more pm-active stance and have staff research and report back to the Board on providing a consistent, reliable energy source at the lowest possible cost. Board Chair Salvaggio asked staff to envision a progressive recommendation to present before the City Council. 6. There were no Water Board statements. 7. A motion to adjourn was made by Boardmember Couch at 5:55 p.m. Motion carried. Mark Salvaggio, Chair City of Bakersfield Water Board Sharon Robison, Secretary City of Bakersfield Water Board ITEM 5). KERN RIVER LEVEE DISTRICT -TO BE HANDED OUT AT- THE WATER BOARD MEETING CITY OF BAKERSFIELD FINANCIAL SUMMARY KERN RIVER LEVEE DISTRICT ADOPTED AMENDED PROPOSED BUDGET BUDGET BUDGET 2000-01 2000-01 2001-02 FUND BALANCE - JULY 1 $0 $0 $106,826 REVENUES TAXES 27,000 27,000 28,100 MISCELLANEOUS REVENUE 3,000 3,000 3,400 OTHER AGENCIES SHARE OF PROJECT 100,000 TOTAL REVENUES 30,000 130,000 31,500 EXPENDITURES CAPITAL IMPROVEMENT PROJECTS 55,000 155,000 42,000 TOTAL EXPENDITURES 55,000 155,000 42,000 TRANSFERS IN * 131,862 131,826 FUND BALANCE - JUNE 30 $106,862 $106,826 $96,326 *Transfer of fund balance from County Auditor Controller on 7/26/00 due to merger between City of Bakersfield and Kern River Levee Dist. KERN RIVER BASIN SNOWPACK ACCUMULATION EIGHT SENSOR INDEX May 1,2001 40.0 , ~ ' 240°/0 A-j 35.0 -- -- ..... ................... 30.0 ........... -- ............ - .......... ' '--__ ~6- ............ / 100% of April 1 Average 20.0 ....... '--- , , 15.0 Average 2000-2001 ' 1999-2000 ' 1998-1999 , 65% A-J , 53% A-J 20% A-J I 0.0 November December January February March April Snowpack Accumulation Season CITY OF BAKERSFIELD WATER RESOURCES DEPARTMENT ISABELLA RESERVOIR DALLY OPERATIONS REPORT (All readings are for date of report (THURSDAY) as of 0001, except as noted.., cfs in italics) Date of Report: May 3, 2001 ISABELLA RESERVOIR 1 2560.57 Lake Elevation (ft.) 170897 Storage (AcFt) +2687 Change (AcFt) 2032 Inflowto Isabella (cfs) 2 568075 Storage Capacity 30% % of Capacity 220950 Normal Storage 77% % of Normal Storage For this Date 3 5971 Average LakeArea (Acres) 7496 Inflow(Month) 2396 Outflow(Month) 4 1745 North Fork Mean 1704 North Fork @ 0600 Hours 168170 Accumulative Inflow(00-01 WY) , 5 603 Mean Outflow 588 Borel Canal 15 Main Dam Outlet 132396 Accum. Outflow(WY) 6 608 Outflow@ 0600 593 Borel Canal @ 0600 Hours 15 Main Dam Outlet @ 0600 Hours Hours 7 74 Lake Evap. (cfs) 0.43 Inches Evap. for24 Hours 282 Lake Evap. (Month to Date) 8 0 Spillway Discharge for 24 Hours PRECIPITATION AND TEMPERATURE 9 0.00 Inches of Precipitation at Isabella for 24 Hours 0.00 Inches of Precipitation at Isabella for Month 10 8.33 Seasonal Precip. Isabella 9.33 Normal for 89% Isabella Precip. (Season: Oct 1 through Sep 30) this Date % of Normal 11 0.00 Inches of Precipitation at Pascoe for 24 Hours 0.00 Inches of Precipitation at Pascoe for Month 12 29.60 Seasonal Precip. Pascoe 33.21 Normal for 89% Pascoe Precip. this Date % of Normal 13 13.2 Upper Tyndall Creek 12.0 Pascoe 7.1 Wet Meadow 14 68 Isabella Maximum Temperature 15 52 Isabella Minimum Temperature 113 24 Hour Wind Movement (Miles) NATURAL RIVER FLOW 16 2037 Natural Flow (cfs) 7530 Natural Flow (Month to Date) 65383 2001 April-July Runoff 17 2184 Mean Flow 93% Natural Flow 1652 Median Flow 123% Natural Flow For this Date in % of Mean For this Date in % of Median 18 8843 Max. on Record 372 Min. on Record 175128 Accum. Natural FIow (Water Year) For this Date For this Date 19 602 First Point Flow 2430 First Point (Month to Date) 138492 Accum. First Point (Water Year) KERN RIVER FACTS & FIGURES: ~ · On this date in 1998, Isabella, California received .12"ofprecipitation,. the beginning of five B A [~ E R S F ! E L D consecutive days of measureable rainfall (May 3-7, 1998). Coupled with a second storm period over the period of May 12-13, 1998, total monthly precipitation for May 1998 ended at 1.74", Produced by City of Bakersfield maximum of record for May. Since 1949, May of 1957 had been the only May of record to register Water Resources greater than one inch of precipitation (1.03") at Isabella Dam headquarters. (661) 326-3715 C .T Y o F WATER RESOURCES DEPARTMENT ~'~'" -~--- -~ GENE BOGART, Manager FLORN CORE, Water Resources Director PATRICK E. HAUPTMAN, Supcrimcndcm 326-3006 STEVE LAFOND, Forecasting and Records 326-3007 MAURICE RANDALL, Business Manager 326-3704 KERN RIVER DISPATCHER 326-3716 May 1, 2001 · Kern Recreation Camp 1524 21't Street, Suite B Bakersfield, CA 93301 ATTN: Renee Nelson, Project Manager RE: ANNUAL WATER SERVICE AGREEMENT Dear Ms. Nelson: This letter shall serve as an Agreement between the City of Bakersfield, ity and municipal corporation, ("City" herein), and the Kern Recreation Camp ("KRC" the purchase and diversion of City water from the Kern River by KRC to replace wat~ resulting from the restoration and management of wetlands on KRC property. City be made available for use by KRC subject to the terms and conditions listed below: 1. TERM. The term of this Water Service A for the period of January 1, 2001 through December 31, 2001. This Agreement unless terminated by either party upon ninety (90) days written notice to 2. PRICE. KRC shall pay to City the amount of fifty-five dollars ($55) for each acre-foot of water delivered to KRC by City from the Kern River pursuant to this Agreement. This stated price is subject to either: 1) annual adjustment on the basis of the January 1999 Producer Price Index for "All Commodities" published by the Bureau of Labor Statistics of the U.S. Department of Labor (which Price Index stood at 123.2), or 2) a price adjustment by the City based on City's sole discretion concerning the value of water. Adjustments will be made in January of each year. 3. PAYMENTS. City shall invoice KRC annually on or about the first day of July of each year, beginning in 2001, for water delivered pursuant to this Water Service Agreement or any extension thereof, and shall be due and payable byKRC within thirty (30) days receipt of City invoice. 4. QUANTITY. City shall make available to KRC an amount of its Kern River water supply not to exceed eleven (11) acre-feet per year for use by KRC as evaporation loss replacement water pursuant to the terms and conditions herein set forth. 5. QUALITY. City makes no claims or assurances as to the quality or daily quantities of water to be pumped from the Kern River and used by KRC. KRC understands the water specified for delivery under this Agreement, as supplied from the Kern River, is UNTREATED AND NOT FIT FOR HUMAN CONSUMPTION AS DELIVERED. KRC hereby assures City that City water to be made available under this Water Service Agreement shall be used solely for the purpose of evaporation loss replacement on KRC property and no other purpose whatsoever. Acceptance of water by KRC shall constitute waiver of any City liability of water quality. 1000 BUENA VISTA ROAD · BAKERSFIELD, CALIFORNIA 93311 · (661) 326-3715 6. DELIVERY OF WATER. The place of delivery of the water shall be at the Kern River. KRC may construct a pipeline with the approval of the State of California Reclamation Board and any other government agency as required by law from the Kern River to KRC property for the purpose of water delivery. Any construction in the designated flood way of the Kern River must have State Reclamation Board approval. Such pipeline construction shall be done to the satisfaction of the City of Bakersfield, Water Resources Director, with all construction to be approved by the Water Resources Director. KRC shall bear all costs and expenses of all pipeline construction and all costs and expenses related to the maintenance and upkeep of all the pipeline during the term of this Agreement or any extension thereof. Upon termination of this Agreement, the pipeline shall be removed upon request of the City, and all costs and expenses of removing the pipeline shall be borne by KRC; however, ifKRC presents sufficient proof to City within ninety (90) days of an alternative Kern River water source the pipeline may remain in place. 7. USE OF WATER. KRC shall utilize the water received under this Agreement only within the boundaries of the real property described as Lot 4 of Parcel Map No. 4058, located within Section 35, T28S., R28E., M.D.B. & M, County of Kern, State of California. Use shall be limited to replacement of evaporative losses associated with the operation of a managed wetland on the described property. KRC shall not cause any unlawful pollution or contamination the Kern River by return flows or other water use, or be negligent or wasteful in the water on KRC's premises. Notwithstanding the foregoing, both parties connectivity between the property described and the Kern River. 8. EVAPORATION LOSS. An evaporation loss assignment of eleven (i be assessed KRC on an annual basis as a result of the diversion of, Kern River for purposes related to the development and management of wetl ~n KRC property until such time as engineering studies demonstrate otherwise, evaporation will be applied in accordance to Exhibit "A", attached herein by reference. Payment for such evaporation loss will be as set 3 herein. 9. RIGHT OF ACCESS. The City at all reasonable times have the right of ingress to and egress from KRC connected with the delivery or taking of City wate'r by KRC. 10. MEASURING DEVICES. To the extent KRC diverts water to the property via pipeline or other diversion structure, it shall be the obligation of KRC to provide, maintain and pay for all City approved meters or measuring devices necessary to measure the quantities of water diverted by KRC from the Kern River under the terms of this Agreement. 11. LIABILITY. Neither the City nor any of its officers, agents, or employees shall be liable for the control, carriage, handling, use, disposal, or distribution of water received by KRC. 12. INDEMNITY. KRC 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 KRC, KRC'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. 13. ASSIGNMENT. This Agreement shall not be assigned by any party, or any party substituted, without prior written consent of all the parties. Transfer of any right or rights under this Agreement without the express written consent of City shall allow City to terminate this Agreement and any such transfer is hereby deemed a material breach. Page 2 14. COMPLIANCE WITH ALL LAWS. KRC shall, at KRC'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. 15. 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. 16. NOTICES. All notices relative to this Agreement shall be given in writing and shall be personally served or sent by certified 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, CA 93311 KRC: Kern Recreation Camp 1524 21st Street, Suite B Bakersfield, CA 93301 17. BINDING EFFECT. The rights and obligations of this A the benefit of, and be binding upon, the parties to this Agreement and their executors, personal representatives, successors,and assigns. 18. EXECUTION. This Agreement is effective upon :gotiation and all parties are equally responsible for authorship Section 1654 of the California Civil Code shall not apply to the Agreement. 19. NEGATION OF PARTNERSHIP. City shall or be deemed a parmer or joint venturer with KRC or associate in any such relationship with KRC by reason of the provisions of this Agreement. KRC shall not for any purpose be considered an agent, officer or employee of City. 20. 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. 21. WATER RIGHTS. This Water Service Agreement shall not affect the water rights of either party or become the basis of a right or precedent for future water delivery arrangements. .......... 000 .......... Page 3 IN WITNESS WHEREOF, the parties hereto have caused this Agreemem to be executed, the day and year first-above written. "City .... KRC" CITY OF BAKERSFIELD KERN RECREATION CAMP By: By: HARVEY L. HALL, Mayor Title: APPROVED AS TO CONTENT: WATER RESOURCES DEPARTMENT By: Title: By: GENE BOGART Water Resources Manager APPROVED AS TO FORM: BART J. THILTGEN City Attorney By: ALAN D. DANIEL Deputy City Attorney COUNTERSIGNED: By: GREGORY J. KLIMKO Finance Director Exhibit Page 4 EXHIBIT "A" KERN RECREATION CAMP DAILY DISTRIBUTION OF STANDARD LOSS CHARGED TO THE CITY OF BAKERSFIELD FOR KERN RECREATION CAMP OPERATION UNITS - SECOND FOOT DAYS Day Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec 1 2 3 4 5 1 6 7 8 9 10 11 12 13 14 15 1 1 16 17 18 19 20 1 21 22 23 24 25 26 27 28 29 30 1 31 Total 0 0 0 1 1 1 1 1 I 0 0 0 AcFt 0 0 0 2 2 2 2 2' I 0 0 0 Total Annual Chargeable Loss = 6 SFD or 11 Acre-Feet AGREEMENT NO. 3A216/2001 AGREEMENT FOR EXTRACTION, EXCHANGE & DELIVERY OF BANKED GROUNDWATER THIS AGREEMENT is made and entered into on and between the CITY OF BAKERSFIELD, a charter City and municipal corporation, ("CITY"), SERVICE COMPANY, a California public utility water corporation, ("CAL RECITALS WHEREAS, CAL WATER has heretofore commonly referred to as the "Detachment and Water Sale Agreement" with CITY trict dated June 30, 1999, incorporated by reference herein, pursuant to which CAL WATER 41,826 acre-feet of water previously banked by Olcese Water District in the CITY's 2800 Acre Recharge Facility; and WHEREAS, CAL WATER is desirous of utilizing a portion of the banked water supply it currently has stored in the CITY's 2800 Acre facility to meet the demands of its Kernville Domestic Water System ("Kernville system"); and WHEREAS, the diversion point proposed by CAL WATER from Kern River to service the Kernville system is located approximately forty (40) miles northeast of the current boundaries of CITY; and WHEREAS, CITY is owner of certain Kern River water rights, canals and properties associated with operation of Kern River and owns irrigation storage space in Isabella Reservoir; and WHEREAS, CITY is willing to utilize portions of its Kern River water and storage rights in order to facilitate an exchange of water supplies whereby CAL WATER may utilize its 2800 Acre banked water for delivery to its Kernville system. NOW, THEREFORE, incorporating the foregoing recitals herein, CITY and CAL WATER agree as follows: 1. TERM. The term oft his Agreement shall commence upon the date of execution and terminate on December 31, 2022. This Agreement will automatically renew for an additional term of ten (10) years unless either party provides written notice within one hundred eighty (180) days of termination date. 2. EXCHANGE FEE. CAL WATER shall pay to CITY an exchange fee in the amount of fifty- five dollars ($55.00) per acre-foot of water, or fraction thereof, delivered to CAL WATER by CITY from the Kern River pursuant to this Agreement. 3. QUANTITY. CITY agrees to deliver to CAL WATER an amount, not to exceed five hundred (500) acre-feet per year, of CITY's Kern River water supply, as set forth in this Agreement, for use by CAL WATER for operation of its Kernville system. 4. QUALITY. CITY makes no claims or assurances as to the quality of the raw water to be received by CAL WATER. CAL WATER understands the water specified for delivery under this Agreement, as supplied from Kern River, is UNTREATED AND NOT FIT FOR HUMAN CONSUMPTION AS DELIVERED. CAL WATER shall be solely responsible to take said water and treat it to bring the water into conformity with all Feder~al, State, and County domestic water requirements prior to any dQ,mestic use. CITY is not responsible for the quality of water in any way or at any time, and CAL WATER's failure to properly treat the water is in no way the responsibility of CITY. Acceptance of water by CAL WATER shall constitute waiver of any CITY liability of water quality. 5. MISCELLANEOUS WATER. CITY may, from time to time, have a miscellaneous quantity of Kern River water above and beyond the water necessary to meet pre-existing obligations of CITY and which can be made available to CAL WATER for service to its Kernville system. Subject to mutual agreement of the parties hereto, such miscellaneous Kern River water, if and when available to CITY, shall be to CAL WATER in lieu of exchange water to be recovered from CAL WATER's 2800 Acre CAL WATER shall pay to CITY the amount of fifty-five dollars ($55.00) per acre-foot or fraction thereof, delivered to CAL WATER by CITY from the During periods of miscellaneous water delivery, no exchange fee or groundwater 6. PRICE ADJUSTMENT. Charges specified in Paragraph ect to annual adjustment on the basis of the January 1999 Producer Price Index for' published by the Bureau of Labor Statistics of the U.S. Department of Labor, which Price at 123.2. Adjustments wall be made ~n January of each year. ~~~~ ~ ~-~'~ v n r nd 7. PAYMENTS. CITY shall invoice CAL WATE~!y ~'~water deli ered hereu de a shall be due and payable by C'~'-~L WATER within thirty (30) days ~'~eip~'~'6~iCITY invoice. 8. 2800 ACRE EXTRACTION. Except as oth~ls~tSi'owded for hereunder, water extracted by CAL WATER from ~ts 2800 Acre groundwater storage for use~af ~ts Kernwlle system shall be equal to the amount of CITY water delivered to CAL WATER under terms of this Agreement. Said extraction will be accomplished by transfer from CAL WATER 2800 Acre groundwater storage to CITY 2800 Acre groundwater storage and will reflected on December 31 ~ of each year throughout the term of this Agreement. 9. 2800 ACRE STORAGE. CAL WATER shall maintain a positive balance in its 2800 Acre groundwater storage account at all times. CITY agrees to sell to CAL WATER sufficient quantities of water as it may become available to CITY in order to replenish CAL WATER's 2800 Acre groundwater storage account so long as CITY and CAL WATER agree to the time, duration and cost of such flow. 10. DELIVERY OF WATER. CITY shall make available to CAL WATER a Kern River water supply in exchange for an equal amount of CAL WATER's 2800 Acre banked groundwater to CITY. The place of delivery of the CITY water shall be at the Kern River near Kemville, California, in Section 15, Tm. 25S, Rge. 33E, M.D.B. & M.. CAL WATER may construct a turnout and pipeline facility with the approval of the appropriate government agency as required by law from the Kern River to CAL WATER's proposed new treatment plant in Kernville for the purpose of water delivery. Such turnout and pipeline construction shall be done to the satisfaction and with the approval of the City of Bakersfield, Water Resources Director. CAL WATER shall bear all costs and expenses of all turnout and pipeline construction and all costs and expenses related to the maintenance and upkeep of said facilities during the term of this Agreement or any extension thereof. Upon termination of this Agreement, the turnout and pipeline shall be removed upon request of the CITY, and all costs and expenses of removing the facilities shall be borne by CAL WATER. 11. USE OF WATER. CAL WATER shall only utilize water received under this Agreement for operation of its Kernville system unless otherwise mutually agreed upon by both CAL WATER and CITY. CAL WATER shall not cause any unlawful pollution or contamination of the Kern River by return flows or other water uses, or be negligent or wasteful in the use of water on CAL WATER's Kemville system. 12. RIPARIAN WATER. CAL WATER agrees that it will not assert or make claim to, and take no action with respect to any application to the State of California Water Resources Control Board for riparian water rights of any nature whatsoever associated with operation of its Kernville system. 13. WATER METERS. It shall be the obligation of CAL WATER to provide, maintain, calibrate and pay for all water meters or measuring devices, in accordance with industry standards as set by the American Water Works Association, and as approved by CITY, necessary to measure the quantities of water diverted by CAL WATER from the Kern River under the terms of this Agreement. CAL WATER shall monthly provide to CITY reports detailing the amount of water used by CAL WATER. Such report shall be in a format as determined and approved by the City of Bakersfield's Water Resources Director. 14. LIABILITY. Neither the CITY nor any of its officers, agents, or employees shall be liable for the control, carriage, handling, use, disposal, or distribution of water received by CAL WATER. Page -2- 15. INDEMNITY. CAL WATER shall indemnify, defend, and hold harmless CITY, its officers, agents and employees against any and all claims, losses or damages caused by or resulting fi.om the diversion and use of water from the Kern River by CAL WATER pursuant to this Agreement. 16. ASSIGNMENT. This Agreement shall not be assigned by any party, substituted, without prior written consent of all the parties. Transfer of any right or rights under the express written consent of CITY shall allow CITY to terminate this Agreement and is hereby deemed a material breach. 17. NOTICES. All notices relative to this Agreement shall be and shall be personally served or sent by certified mail and be effective upon actual personal ~ in the United States mail. The parties shall be addressed as follows, or at any by notice: CITY: CITY City Hall 1501 Truxtun Avenue Bakersfield, Califomi; CAL WATER: CALIFORNIA 1720 North First Street San Jose, California, 951124598 Attention: Assistant Secretary 18. ACCOUNTING RECORDS. The parties shall maintain accurate accounting records and other written documentation pertaining to all costs incurred in performance of this Agreement. Such records and documentation shall be kept at each parties office during the term of this Agreement and said records shall be made available to each parties representative upon proper request. 19. BINDING EFFECT. The rights and'obligations of this Agreement shall inure to the benefit of, and be binding upon, the parties to this Agreement and their heirs, administrators, executors, personal representatives, successors and assigns. 20. COMPLIANCE WITIt ALL LAWS. CAL WATER shall, at CAL WATER's sole cost, comply with all of the requirements of Municipal, State, and Federal authorities now in force, or which may hereafter be in force, pertaining to this Agreement, and shall faithfully observe in all activities relating to or growing out of this Agreement all Municipal ordinances and State and Federal statutes, rules or regulations, and permitting requirements now in force or which may hereafter be in force. 21. 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. 22. MERGER AND MODIFICATION. This Agreement sets forth the entire Agreement between the parties and supersedes all other oral or written representations. Its terms are intended by the parties as a final expression of their agreement with respect to such terms as are included herein and may not be contradicted by evidence of any prior agreement or contemporaneous oral argument. The parties further intend this Agreement constitutes the complete and exclusive statement of its terms and no extrinsic evidence whatsoever may be introduced in any judicial or arbitration proceeding involving this Agreement. This Agreement may be modified only in a writing approved by the CITY Council and signed by all the parties. 23. FORUM. Any lawsuit pertaining to any matter arising under, or growing out of, this Agreement shall be instituted in Kern County, California. 24. PRE-JUDGEMENT INTEREST. In the event of a default by any party to this Agreement, the non-defaulting party shall be allowed to recover interest on all damages at the legal rate from the date of the breach. Page -3- 25. NON-INTEREST. No officer or employee of the CITY shall hold interest in this Agreement (California Government Code section 1090). 26. TIME. Time is of the essence in this Agreement. 27. INDEPENDENT CONTRACTOR. CAL WATER shall not or joint venturer with CITY or associated in any relationship by reason of the other than specified herein. CAL WATER shall not, for any purpose, be considered an or employee of CITY in regard to this Agreement. 28. NO WAIVER OF DEFAULT. The failure of any party to another party any provision of this Agreement shall not constitute a waiver of that party's right provision at a later time, and shall not serve to vary the terms of this Agreement. IN WITNESS WHEREOF, the parties hereto :to be executed, the day and year first-above written. "CITY" "CAL WATER" CITY OF BAKERSFIELD CALIFORNIA WATER SERVICE COMPANY By: By: HARVEY HALL, Mayor Title: APPROVED AS TO CONTENT: WATER RESOURCES DEPARTMENT By: Title: By: GENE BOGART Water Resources Manager APPROVED AS TO FORM: BART J. THILTGEN City Attorney By: ALAN D. DANIEL Deputy City Attorney COUNTERSIGNED: By: GREGORY J. KLIMKO Finance Director Page -4- AGRICULTURAL WATER ENTERPRISE 2001 WATER PRICE AND SAND SALE SCHEDULE The following recommended water prices reflect the current water supply conditions occurring throughout the San Joaquin Valley. Of the eight (8) water price categories shown below, items i, 2 and 3 are established by existing contracts. The water rates for items 4 through 6 are dependent upon local water supply. These water rates would remain in effect until conditions warranted changes or adjustments to these prices. For information and reference, the 1999 and 2000 schedule for surface water rates are shown for comparison (price per acre-foo0. Actual 1999 Actual 2000 Effective Year 2001 (53 % of Normal (65 % of Normal (55 % of Normal Type of Water Water Year) Water Year) Water Year) 1) Basic Contract Water .......... $20.00 $20.00 $20.00 2) City "Borrow/Payback" Contract Water ..................... $20.57 $21.42 $23.17 3) City Kern River Water sold for Domestic use .......... $55.00 $57.26 $61.98 *4) Miscellaneous Kern River Water sold for surface irrigation ................................. $22.00 $22.00 $32.00 *5) Miscellaneous Water that would otherwise be used for groundwater banking ..... $11.77 $12.26 $13.26 *6) City non-Kern River Water sales (oilfield discharge, etc.) ......................................... $17.60 $17.60 $25.60 7) 2800 Acre "banked" groundwater sold for surface irrigation ................... $52.00 $55.00 $72.00 8) Kern River Canal & Irrigating Co .......................... $19.15 $19.15 $19.15 * To encourage maximum use within the Kern River groundwater basin, water prices in categories numbered 4, 5 and 6 are reduced 50 % during periods of mandatory flood control release and/or encroachment into the flood control storage space at Isabella Reservoir. For annual and/or temporary pumping agreements from canal and river facilities, and for sand sales from City-owned river channel properties, the following rates would remain in effect until conditions warranted changes: ITEM PRICE 1) Temporary Pumping Agreements ......................................... $ 50.00 per day 2) Annual Pumping Agreements 5 Truck units or less ......................................................... $400.00 (minimum charge) 6 Truck units or more ....................................................... $600.00 (or greater proportionately, depending upon volume) 3) Sand Removal Sales .......................................................... $ 0.50 per cubic yard (plus sales tax when applicable) RESOLUTION NO. A RESOLUTION ESTABLISHING DOMESTIC WATER RATES FOR ASHE, FAIRHAVEN AND RIVERLAKES SERVICE AREAS. WHEREAS, Chapter 2.18 of the Bakersfield Municipal Code authorizes the City Council to establish fees and charges sufficient for the City to recover the costs of providing domestic water services; and WHEREAS, a public hearing before the City Council was advertised twice in the BakersfieM Californian, a newspaper of general circulation; and WHEREAS, a public hearing was held to determine whether the proposed fees and charges are discriminatory or excessive; and WHEREAS, the fees and charges set forth in Exhibit"A," attached hereto and incorporated by reference, do not exceed the reasonable estimated cost of providing the services for which the fees are charged. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF BAKERSFIELD AS FOLLOWS: 1. The foregoing recitals are incorporated herein by reference. 2. The fees and charges set forth in "Exhibit A," attached hereto and incorporated herein as if fully set forth, are hereby adopted and shall become effective on October 1, 2001. 3. The adoption of these fees and charges complies with Proposition 218. .......... 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 SALVAGGIO, CARSON, BENHAM, MAGGARD, COUCH, HANSON, SULLIVAN NOES: COUNCILMEMBER ABSTAIN: COUNCILMEMBER ABSENT: COUNClLMEMBER CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED HARVEY L. HALL MAYOR of the City of Bakersfield APPROVED AS TO FORM: BART J. THILTGEN CITY ATTORNEY By: BART J. THILTGEN City Attorney $:~esolutionDomWaterRate01 City of Bakersfield Domestic Water Division Ashe, Fairhaven, and Riverlakes Ranch Service Areas Schedule of Rates General Metered Service Current Rates (effective Oct.l~ 1999) Proposed Rates Oct. 1~ 2001 Within Fairhaven & Within Fairhaven & City Limits Unincorp- City Limits Unincorp- orated Areas orated Areas Quantity__ _ · Rates: i First 300,000 cu. ff./month $0.49 $0.62 $0.53 $0.67 (per 100 cu. ft./month) All over 300,000 cu. ft./month $0.44 $0.57 $0.48 $0.62 (per 100 cu. ff./month) Monthly Readiness-To-Serve Char~le: 5/8" x 3/4 Service $6.90 $9.07 $6.90 $9.07 1" Service $10.51 $13.86 $10.51 $13.86 1-1/2" Service $16.03 $20.98 $16.03 $20.98 2" Service $21.83 $28.63 $21.83 $28.63 3" Service $40.33 $52.87 $40.33 $52.87 4" Service $58.63 $76.53 $58.63 $76.53 6" Service $105.37 $137.00 $105.37 $137.00 8" Service $161.97 $210.26 $161.97 $210.26 10" Service $223.26 $288.80 $223.26 $288.80 Monthly Private Fire Protection Service Charge: 1-1/2" Connection $6.30 $8.15 $6.30 $8.15 2" Connection $8.40 $10.90 $8.40 $10.90 3" Connection $12.60 $16.35 $12.60 $16.35 4" Connection $16.80 $21.80 $16.80 $21.80 6" Connection $25.20 $32.45 $25.20 $32.45 8" Connection $33.60 $43.60 $33.60 $43.60 10" Connection $42.00 $54.25 $42.00 $54.25 12" Connection $50.40 $65.15 $50.40 $65.15 "Monthly Readiness-To-Serve Charge" is applied to all services and any quantity of water used is an additional charge computed at the quantity rate. Conditions of service remain the same. C:~123-DATA\RATECMP2.WK3 . ~;.~ ., WATER RESOURCES 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 date Mr. CharlesW. Wulff DRAF Kern County Water Agency ' P. O. Box 58 Bakersfield, CA 93301 Re: Proposed Northwest Bakersfield Treated Water Pipeline Dear Mr. Wulff: The City requests that discussions be opened on the feasibility of water supply and the construction a treated water pipeline from the Kern County Water Agency Improvement District No. 4 (ID#4) Treatment Plant to the Fairhaven and northwest area of the City of Bakersfield. As you are aware, northwest Bakersfield is rapidly developing into an urban setting and the single source of domestic water for the area is ground water that is plagued with quality problems. Both the City of Bakersfield and California Water Service Company continue to encounter declining quality from recently drilled wells, as well as from wells that have been in existence for many years. The northwest area was formerly a rural setting, consisting of sporadic oil and gas well operations, farming enterprises and large lot developments. It is felt that each of these land use situations have contributed to the degradation of groundwater. Generally speaking, the first few hundred feet of surface soils consist mainly of sands and silts, with a few clay layers that act as barriers to the downward flow of contaminated water, which may have contributed to much of the pesticide and nitrate contamination build-ups in the groundwater zone in this area. The City of Bakersfield, by letter to James Beck dated September 20, 1999, (copy attached) had previously requested consideration for a treated water connection from ID#4 to supply an off-peak, interruptible water supply for the City's Fairhaven and the northern portion of the Ashe systems. We have not received reply to this letter request. In order to address the groundwater quality issues in this area of ID#4 and the September 20, 1999 letter, the City requests ID#4 staff to initiate investigations to the feasibility of providing treated water, through ID#4 operations, to the northwest Bakersfield domestic water systems owned by the City of Bakersfield. This would include the aforementioned Fairhaven area, the northeastern Ashe system and the City's Riverlakes Ranch service areas. The City wishes to upgrade the September 20, 1999 letter to a year round supply request. All of these systems are within the boundaries of ID#4. 1000 BUENA VISTA ROAD · BAKERSFIELD, CALIFORNIA 93311 ° (661) 326-3715 C. W. Wulff Page - 2 - May g, 2001 The estimated water demand in the Fairhaven area will be approximately 1,500 acre feet per year. The Riverlakes Ranch area will need, at full build-out, approximately 4,800 acre feet per year. The northeastern Ashe system (which is at full development) could distribute 2,500 acre feet per year. This brings the total City of Bakersfield use and request for water for these areas to approximately 8,80t} acre feet of treated water per year. The instantaneous flow rates during aVerage daily demands and peak demands will be formulated as the feasibility investigation progresses. The source water for this treated water supply should be derived from allocated share of the State Water supplies available to ID#4. The investigation should also look into supplemental water supplies. The City owns fee land, easements and right-of-ways that could be available for transmission pipeline routes from the ID#4 Treatment Plant to the Fairhaven and northwest areas. These alignments include the shared interest of the Calloway Canal and the City's Kern River Canal & Irrigating Company "One Ditch" and "Two Ditch". These alignments are shown on the attached map. As part of this endeavor, the City requests that ID#4 investigate funding sources for the detailed feasibility studies, engineering and construction costs through grants and other financial arrangements obtained through ID#4. Such funding sources could be Proposition 13 (Water Bond 2000) or the ID#4 enterprise funds. The landowners and taxpayers within Fairhaven, Ashe and northwest area of ID#4 have been funding the improvement district since its inception. The time has arrived to benefit from that investment and request ID#4 help to improve the drinking water supply in these areas of the district. The City looks forward to moving ahead with this project. We will be available at your convenience to discuss this further. Sincerely, GENE BOGART F ~x~.;~ Manager DRA ~ i}' by ' Flora Core Director cc: City of Bakersfield Water Board Alan Tandy, City Manager Mel Byrd, California Water Service Mike Huhn, Vaughn Mutual Water Co. S52001Letlers~q)4NorthwestFeeder MAINLINE EXTENSION REFUND ASSIGNMENT CITY OF BAKERSFIELD WATER RESOURCES DEPARTMENT - DOMESTIC WATER The undersigned hereby assigns to Fruitvale Properties, LLC P. O. Box 3006 Newport Beach, CA 92659 all of its right, title and interest in and to the following described Water Extension Agreement: With: CITY OF BAKERSFIELD Dated: December 12, 1992 Completion date: For: Water facilities - Tract 5445 Phase I - Contract No. 92-12 W.B. Amount of deposit: $11,083.15 Balance of deposit: $8,866.51 Number of services: Number of hydrants: Refund basis: The exclusive right to receive from the City of Bakersfield, on an annual basis, 2½ percent of the deposit to install facilities in compliance with Section C(2) of the Main Extension Rule, which is within the General provisions and definitions of said rules. The undersigned warrants that it is the owner(s) of said agreement free and clear of all claims, liens or encumbrances, and agrees to defend and hold the assignee harmless of and from all costs or claims arising out of any violation of this provision. Accepted: City of Bakersfield By. (.~,~~ EI~[-') . - ' Flom ~ore?Vatlr Res"'ources J~~ox. Dated: './t/2/a/0C.) Tract 5445 Partners ate : MAINLINE EXTENSION REFUND ASSIGNMENT CITY OF BAKERSFIELD WATER RESOURCES DEPARTMENT - DOMESTIC WATER The undersigned hereby assigns to Fruitvale Properties, LLC P. O. Box 3006 Newport Beach, CA 92659 all of its right, title and interest in and to the following described Water Extension Agreement: With: CITY OF BAKERSFIELD Dated: December 30, 1993 Completion date: For: Water facilities - Tract 5445 Phase II - Contract No. 93-11 W.B. Amount of deposit: $29,884.64 Balance of deposit: $24,654.80 Number of services: Number of hydrants: Refund basis: The exclusive right to receive from the City of Bakersfield, on an annual basis, 2~A percent of the deposit to install facilities in compliance with Section C(2) of the Main Extension Rule, which is within the General provisions and definitions of said rules. The undersigned warrants that it is the owner(s) of said agreement free and clear of all claims, liens or encumbrances, and agrees to defend and hold the assignee harmless of and from all costs or claims arising out of any violation of this provision. Accepted: City of Bakersfield ' By: l~u ~-~-~/ F ~ - reed Dated: 0 Tract 5445 Partners Dated:' ~//~/~'X! MAINLINE EXTENSION REFUND ASSIGNMENT CITY OF BAKERSFIELD WATER RESOURCES DEPARTMENT - DOMESTIC WATER The undersigned hereby assigns to Fruitvale Properties, LLC P. O. Box 3006 Newport Beach, CA 92659 all of its right, title and interest in and to the following described Water Extension Agreement: With: CITY OF BAKERSFIELD Dated: December 30, 1993 Completion date: For: Water facilities - Tract 5445 Phase III - Contract No. 93-12 W.B. Amount of deposit: $31,907.50 Balance of deposit: $26,323.67 Number of services: Number of hydrants: Refund basis: The exclusive right to receive from the City of Bakersfield, on an annual basis, 2¥2 percent of the deposit to install facilities in compliance with Section C(2) of the Main Extension Rule, which is within the General provisions and definitions of said rules. The undersigned warrants that it is the owner(s) of said agreement free and clear of all claims, liens or encumbrances, and agrees to defend and hold the assignee harmless of and from all costs or claims arising out of any violation of this provision. Accepted: ~'" ~x~ ;re:W l e o es Tract 5445 Partr~ers , Dated: ~//~ (.o//~) Dated: MAINLINE EXTENSION REFUND ASSIGNMENT CITY OF BAKERSFIELD WATER RESOURCES DEPARTMENT - DOMESTIC WATER The undersigned hereby assigns to Donald D. Wood & Phyllis J. Wood Trustees of the Wood Family 2000 Revocable TrUst, dated May 16, 2000 1880 Oakdell Drive Menlo Park, CA 94025 all of its right, title and interest in and to the following described Water Extension Agreement: With: CITY OF BAKERSFIELD Dated: June 1, 1983 Completion date: For: Water facilities- Tract No. 4882-1; Contract No. 83-05 W.B. Amount of deposit: $106,356.97 Balance of deposit: $61,155.33 Number of services: Number of hydrants: Refund basis: The exclusive right to receive from the City of Bakersfield, on an annual basis, 21/: percent of the deposit to install facilities in compliance with Section C(2) of the Main Extension Rule, which is within the General provisions and definitions of said rules. The undersigned warrants that it is the owner(s) of said agreement free and clear of all claims, liens or encumbrances, and agrees to defend and hold the assignee harmless of and from all costs or claims arising out of any violation of this provision. Accepted: City of Bakersfield FLORN CORE, Water Resources Director DOI',J-ALD D. WOOD ' %. Dated: 'd ' I z.-e~ I MAINLINE EXTENSION REFUND ASSIGNMENT CITY OF BAKERSFIELD WATER RESOURCES DEPARTMENT - DOMESTIC WATER The undersigned hereby assigns to Donald D. Wood & Phyllis J. Wood Trustees of the.Wood Family 2000 Revocable Trust, dated May 16, 2000 1880 Oakdell Drive Menlo Park, CA 94025 all of its right, title and interest in and to the following described Water Extension Agreement: With: CITY OF BAKERSFIELD Dated: June 1, 1983 Completion date: For: Water facilities - Tract No. 4494; Contract No. 83-06 W.B. Amount of deposit: $104,576.82 Balance of deposit: $60,131.68 Number of services: Number of hydrants: Refund basis: The exclusive right to receive from the City of Bakersfield, on an annual basis, 2½ percent of the deposit to install facilities in compliance with Section C(2) of the Main Extension Rule, which is within the General provisions and definitions of said rules. The undersigned warrants that it is the owner(s) of said agreement free and clear of all claims, liens or encumbrances, and agrees to defend and hold the assignee harmless of and from all costs or claims arising out of any violation of this provision. Accepted: City of Bakersfield FLORN CORE, Water Resources Director PHYLLIS J. WOOD Dated: t_] -I'1.- ,-0 [ MAINLINE EXTENSION REFUND ASSIGNMENT CITY OF BAKERSFIELD WATER RESOURCES DEPARTMENT - DOMESTIC WATER The undersigned hereby assigns to Donald D. Wood & Phyllis J. Wood Trustees of the Wood Family 2000 Revocable Trust, dated May 16, 2000 1880 Oakdell Drive Menlo Park, CA 94025 all of its right, title and interest in and to the following described Water Extension Agr~,egment: With: CITY OF BAKERSFIELD Dated: June 1, 1983 Completion date: For: Water facilities - Tract No. 4472; Contract No. 83-11 W.B. Amount of deposit: $87,187.16 Balance of deposit: $47,952.92 Number of services: Number of hydrants: Refund basis: The exclusive right to receive from the City of Bakersfield, on an annual basis, 2~ percent of the deposit to install facilities in compliance with Section C(2) of the Main Extension Rule, which is within the General provisions and definitions of said rules. The undersigned warrants that it is the owner(s) of said agreement free and clear of all claim.s, liens or encumbrances, and agrees to defend and hold the assignee harmless of and from all costs or claims arising out of any violation of this provision. Accepted: By:~ FLORN CORE, Water Resources Director D Dated: ~ ~"~/,?_t"~ -~.~ ~ VHYL S J. wo6b Dated: q'[ 'L.- '~]