Loading...
HomeMy WebLinkAbout06/16/04City of Bakersfield Water Board Meeting of June 16, 2004 Water Resources File Packet B A K E R S F I E L D WATER BOARD Mark C. Salvaggio, Chair David Couch, Vice Chair Harold Hanson CITY OF BAKERSFIELD WATER BOARD - REGULAR MEETING Wednesday, June 16, 2004 - 4:30 p.m. Water Resources Building Conference Room 1000 Buena Vista Road, Bakersfield, CA 93311 AGENDA 1. CALL MEETING TO ORDER 2. ROLL CALL 3. MINUTES A. Minutes of the April 21,2004 regular meeting for approval - For Board Review and Action 4. PUBLIC STATEMENTS 5. KERN RIVER LEVEE DISTRICT A. Encroachment Permit for Kern Health Systems located at 9700 Stockdale Highway- For Board Information 6. REPORTS A. Kern River Operations Report 7. OLD BUSINESS A. Update on Request to Kern County Water Agency for Treated Water to Serve Northwest Bakersfield - For Board Information B. Domestic Water Service Mainline Extension Agreement Refund Re-Assignments - For Board Approval WATER BOARD AGENDA PAGE 2 JUNE 16, 2004 8. NEW BUSINESS A. Participation in Electrical Demand Reduction Program for "2800 Acres" Wells - For Board Approval 9. MISCELLANEOUS A. Change of Scheduled Water Board Meeting of August 18, 2004 - For Board Review and Action 10. WATER BOARD STATEMENTS 11. CLOSED SESSION A. Conference with Legal Counsel - Existing Litigation. Closed Session Pursuant to Government Code Section 54956.9(A) North Kern Water Storage District vs. Kern Delta Water District, et al, Tulare County Superior Court Case No. 96-172919 12. ADJOURNMENT ~~~~.~ Florn Core ~ Water Resources Manager POSTED: June 11~ 2004 S:\WB MINUTES 2004\WBAGENDAJN 1604.doc Water Board Meeting June 16, 2004 3. MINUTES A. Minutes of the April 21,2004 regular meeting for approval - For Board Review and Action MINUTES OF THE REGULAR MEETING OF THE WATER BOARD - CITY OF BAKERSFIELD Wednesday, April 21, 2004 - 4:30 p.m. water Resources Building Conference Room 1000 Buena Vista Road, Bakersfield, CA 93311 1. CALL MEETING TO ORDER The meeting was called to order by Chairman Salvaggio at 4:30 p.m. 2. ROLL CALL Present: Chairman Salvaggio, Members Couch, Hanson Absent: None 3. MINUTES A. Minutes of the February 18, 2004 Regular Meeting for approval. Chairperson Salvaggio requested staff provide the Water Board members with copies of the notice of hearing regarding the rate increase. Water Resources ..... Manager Florn Core provided the notice. Motion by Hanson to approve the minutes. APPROVED. 4. PUBLIC STATEMENTS None. §. KERN RIVER LEVEE DISTRICT A. Encroachment Permit for Kem Health Systems located at 9700 Stockdale Highway. Flom Core, Water Resources Manager, stated Kern Health Systems installed covered parking within the easement without permission. They have been notified by the City Attomey's office to remove the structure. They will be filing for an encroachment permit to keep the structure. The City will attach conditions to the encroachment permit and also request liability insurance. No action taken. 6. REPORTS A. Kern River Operations Report Steve Lafond, Hydrographic Supervisor gave a brief update. Bakersfield, California, Apd121, 2004 - Page 2 7. OLD BUSINESS A. Update on request to Kern County Water Agency for treated water to serve Northwest Bakersfield. Florn Core, Water Resources Manager, gave a brief update, stating he will be meeting with the consulting engineer. We are leaning towards an Agency project, which will have several water sources. He submitted a proposal to the Agency via e-mail that will further decrease the City's cost. No action taken. 8. NEW BUSINESS A. City of Bakersfield Agricultural Water Price and Sand Sale Schedule. Motion by Couch to approve the City of Bakersfield Agricultural Water Price and Sand Sale Schedule effective May '1, 2004. APPROVED B. Independent Contractor's Agreement with Herbert Dodd Investigations & Patrol. Hanson suggested the investigation and patrol services agreement be sent out to bid next year. Motion by Hanson to approve agreement. APPROVED. 9. MISCELLANEOUS None. 10. WATER BOARD STATEMENTS None. 11. CLOSED SESSION None 12. ADJOURNMENT Motion by Salvaggio to adjourn the meeting at 4:56 p.m. Mark Salvaggio -Chairman City of Bakersfield Water Board Bobbie Zaragoza, Secretary City of Bakersfield Water Board Water Board Meeting June 16, 2004 3. MINUTES A. Minutes of the April 21,2004 regular meeting for approval - For Board Review and Action ENCROACHMENT PERMIT CITY OF BAKERSFIELD PUBLIC WORKS DEPARTMENT 1501 TRUXTUN AVE BAKERSFIELD CA 93301 (661) 326-3724 TO THE CITY ENGINEER OF THE CITY OF BAKERSFIELD CALIFORNIA: Pursuant to the provisions of Chapter 12.20 of the Bakersfield Municipal Code, the undersigned applies for a permit to place, erect, use and maintaiit an encroachment on public property or right of way as therein defined. Application Number ..... 04-30000044 Date 4/12/04 Pin number ....... 262344 Property Address ...... 9700 STOCKDALE HWY ATN (11 Digits): 339-181-25-00-2 Application description · · PW - ENCROACHMENT pERMIT Owner Contractor K~RN HEALTH SYSTEMS OWNER/BUILDER 9700 SR~)CKD~ ~ BAKERSFIELD CA 93311 BAKERSFIELD CA 93301 664-5010 Permit ...... ENCROACHMENT PERMIT A~ditional desc . . Phone Access Code . 204289 permit Fee .... 150.00 Issue Date .... 4/12/04 Valuation .... 0 Qty Unit Charge Per ~xtension 1.00 150.0000 EA PW ENCROACHM]~NT 150.00 Special Notes and comments CARPORT AND TRASH ENCLOSURE ENCROACHING SF.F- ADDITIONAL L?ARIL~TY I~POP/~ATION x~o ~ ~xvgR x. gv~E ~gamrr ON. TH~ REVERSE SIDE. Fee summary Charged Paid Credited Due Permit Fee Total 150.00 150.00 .00 .00 Grand Total 150.00 150.00 .00 .00 Applicant acknowl~ges the fight of the City Engineer, pursuant to the Bakersfield Municipal Code Chapter 12.20 to revoke the permit at any ti .me~/ . ~ignature ~p~licant (Owner/Agen0 rint Name / I HEREBY CERTIFY THAT I HAVE MADE AN INVESTIGATION OF THE FAC'I'S STATED IN THE.FOREGOING APPLICATION AND FIND THAT THE MAINTENANCE OF SAID ENCROACHMENT (I) WILL (NOT) SUBSTANTIALLY INTERFERE WITH THE USE OF THE PLACE WHERE THE SAME IS TO BE LOCATED AND (2) WILL (NOT) CONSTITUTE A HAZARD TO PERSONS USING SAID PUBLIC PLACE; SAID APPLICATION IS T~REFORE (GRANTED) (DENIED). Said permit shall expire on date stated above. Signature of City Engineer Additional Terms on the Back Applicant agrees that if this application is granted, applicant 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 tbem, befor~ administrative or judicial tribunals of any kind whatsoever, arising out of, connected with, or caused by applicant, or in any way arising from, the terms and provisions of this permit or the placement, use (by applicant or any other ,~p~,n or entity) or maintenance of said,~ encroachment, whether or not caused in part by a party indemnified hereunder, except for CITY s sole active negligence or willf~ misconduct. The applicant further agrees to maintain the aforesaid encroachment during the life of the said encroachment or until sucli'- time that this permit is revoked. Applicant further agrees that upon the expiration of the permit for which this application is made, if granted, or upon revocation thereof by the City Engineer, applicant will at his own cost and expense remove the same from the public property or right of way where the same is located, and restore said public property or right of way to the condition as nearly as that in which it was before the placing, erection, maintenance or existence of said encroachment. Applicant further agrees to obtain and keep all liability insurance required by the City Engineer in full force and effect for however long the encroachment remains. Applicant shall furnish the City Risk Manager with a certificate of issuance evidencing sufficient coverage for bodily injury or property damage liability of both and required endorsements evidencing the insurance required. __ have read an~,acknowledge the above. Applicant s Initials Tile City of Bakersfield ~d /or its designated contractor(s) may at any time have access to the Kern lL~ver Levee for repairs and Haintenance. Permittee understands that this encroachment is on the Kern River Levee District easement which may require periodic maintenance including the .use of heavy equipment City shall not be responsible for any damage whatsoever occuringwith~n the easement including damages to landscaping, structures, vehicles, machinery or any other equipment~hichmay'be located within the easement in the performance by City in levee repairs or maintenance. City shall not be responsible for the repair/replacement of items damaged or destroyed within the easement as a result of emergency repair and maintenance, Permittee recognizes this encroachment may cause City additional expense in its ability to perform maintenance and~rill be held responsible for any reasonable additional expenses incurred by the City performing maintenance and repair operations caused by this encroachment, Water Board Meeting June 16, 2004 6. REPORTS A. Kern River Operations Report KERN RIVER NATURAL FLOW, REGULATED FLOW, & ISABELLA RESERVOIR STORAGE 2003 - 2004 WATER YEAR 3000 600,000 2608.25 Ft.) 2750 ............................................................................................................................................................................... 550 000 2603,91 Ft.) 500,000 ~,2599.38 Ft.) 2250 ...................................................................... 450,000 Normal 2594.62 FI.)~ Q 2000 ............................................................................................... Isabella Storage c z ............................................................................. 400,000 O 2589.60 Ft.)l~. ~O 1750 ................................................................................. ~ .- u~ --- ..................................................................................... iif 350,000 IL.LUn" 1500 .............................................................................. ,,A i~ ~ i 2584.27 Ft.)._O ~. . -', ' ............................... 300,000 > LU Natural Flow ~.~-__ ? ,~ i ~i, ,? ~;:i 2578.53 Ft.)~,~, "~o --~-~,~ ....... : _i: .................................................... ~o,oo.o.~,~ ~ ~ ~ :'~J ;~'" ~ )_572.24 o 1000 ........................................................................................................................ 200,000 750 ........................... 150,000 2556.94 Ft.) r ii: L ooooo 2546.63 Ft.) 250 ~, - ......................................... ~,~_ FI,) Oct-03 NOV-03 Dec-03 Jan-04 Feb-04 Mar-04 Apr-04 May-04 Jun-04 Jul-04 Aug-04 Sep-04 06-09-04 ISABELLA RESERVOIR DALLY OPERATIONS REPORT (All readings are for date of report (WE DN ESDAY) as of OOOl, except as noted.., cfs in italics) Date of Report: June 9, 2004 ISABELLA RESERVOIR I 2568.84 Lake Elevation (ft.) 225095 Storage (AcFt) -712 Change (AcFt) 1272 Inflow to Isabella (cfs) 2 568075 Storage Capacity 40% % of Capacity 296284 Normal Storage 76% % of Normal Storage For this Date 3 7110 Average Lake Area (Acres) 22086 Inflow (Month AcFt) 22889 Outflow (Month AcFt) 4 1276 North Fork Mean 1138 North Fork @ 0600 Hours 320946 Accumulative Inflow (2004 Water Year) 5 1536 Mean Outflow 457 Borel Canal 1079 Main Dam Outlet 248715 Accum. Outflow (WY) 6 1462 Outflow @ 0600 453 Borel Canal @ 0600 Hours 1009 Main Dam Outlet @ 0600 Hours Hours 7 95 Lake Evap. (cfs) 0.44 Inches Evap. for 24 Hours 1833 Lake Evap. (Month AcFt to Date) 8 0 Spillway Discharge for 24 Hours 23 South Fork near Onyx @ 0600 Hours PRECIPITATION AND TEMPERATURE 9 0.00 Inches of Precipitation at Isabella for 24 Hours 0.00 Inches of Precipitation at Isabella for Month 7.57 Seasonal Precip. Isabella 9.61 Normal for 79% Isabella Precip. (Season: Oct I 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 27.40 Seasonal Precip. Pascoe 34.34 Normal for 80% Pascoe Precip. this Date % of Normal 13 0.0 Upper Tyndall Creek 0.0 Pascoe 0.0 Wet Meadow 14 73 Isabella Maximum Temperature 0.39 Isabella Max. Precip. on Record For this Date 1977 Year of Occurrence 15 55 Isabella Minimum Temperature 142 24 HourWind Movement (Miles) NATURAL RIVER FLOW 16 1280 Natural Flow (cfs) 22183 Natural Flow (Month to Date) 165803 2004 April-July Runoff 17 2593 Mean Flow 49% Natural Flow 2189 Median Flow 58% Natural Flow For this Date in % of Mean For this Date in % of Median 18 10132 Max. on Record 297 Min. on Record 326815 Accum. Natural Flow (Water Year) 19 1983 Year of Occurrence 1924 Year of Occurrence 20 1482 First Point Flow 22986 First Point (Month to Date) 254605 Accum. First Point (Water Year) KERN RIVER FACTS & FIGURES: this datein 1961, Isabella Reservoirmeanoutflowwasjust259cubicfeetpersecond. 8 A ~( ~ R s F ~ E ~ Total reservoir releases for the month amounted to 18,891 acre-feet, the lowest outflow from the dam on record for the month of June. Isabella Lake storage would peak on June Produced by City of Bakersfield 17th at 53,096 acre-feet, the lowest peak storage figure in dam history, and one of only Water Resources five years since 1953 in which maximum reservoir storage would not top 100,000 acre-feet. (661) 326-3715 B120UP (06/03/04 1527) DEPARTMENT OP WATER RESOURCES California Cooperative Snow Surveys WATER SUPPLY FORECAST UPDATE 2004 April-July Unimpaired Runoff {1,000 Acre-feet) May 1 %Avg May 12 %Avg May 18 %Avg May 25 %Avg Jun 1 %Avg Shasta Lake, total inflow average = 1849 90% Exceedence 1340 72% 1350 73% 1300 70% 1300 70% 1300 70% 50% Exceedence 1560 84% 1560 84% 1460 79% 1440 78% 1420 77% 10% Exceedence 1860 101% 1840 100% 1720 93% 1680 91% 1600 87% Feather River at Oroville average = 1870 90% Exceedence 1080 58% 1090 58% 1150 62% 1170 63% 1190 64% 50% Exceedence 1300 70% 1300 70% 1250 67% 1250 67% 1250 67% 10% Exceedence 1600 86% 1570 84% 1500 80% 1480 79% 1430 76% Yuba River near Smartville average = 1044 90% Exceedence 560 54% 570 55% 580 56% 575 55% 600 57% 50% Exceedence 660 63% 660 63% 640 61% 630 60% 640 61% 10% Exceedence 800 77% 790 76% 760 73% 740 71% 720 69% American River, below Folsom Lake average = 1282 90% Exceedence 620 48% 630 49% 620 48% 630 49% 640 50% 50% Exceedence 750 58% 750 58% 730 57% 720 56% 720 56% 10% Exceedence 920 72% 900 70% 860 67% 840 66% 810 63% Mokelumne River, inflow to Pardee Reservoir average = 469 90% Exceedence 220 47% 220 47% 230 49% 240 51% 250 53% 50% Exceedence 280 60% 270 58% 260 55% 260 55% 270 58% 10% Exceedence 350 75% 330 70% 310 66% 300 64% 290 62% Stanislaus River, below Goodwin Res. (blw New Melones) average = 716 90% Exceedence 360 50% 360 50% 360 50% 380 53% 390 54% 50% Exceedence 430 60% 420 59% 410 57% 410 57% 410 57% 10% Exceedence 525 73% 505 71% 470 66% 450 63% 440 61% Tuolumne River, below La Grange Res. (blw Don Pedro) average = 1230 90% Exceedence 680 55% 670 54% 670 54% 680 55% 690 56% 50% Exceedence 780 63% 760 62% 750 61% 750 61% 760 62% 10% Exceedence 930 76% 900 73% 880 72% 870 71% 850 69% Merced River, below Merced Falls (below Lake McClure) average = 633 90% Exceedence 320 51% 310 49% 305 48% 310 49% 320 51% 50% Exceedence 380 60% 370 58% 360 57% 355 56% 355 56% 10% Exceedence 450 71% 430 68% 415 66% 405 64% 390 62% San Joaquin River, below Millerton Lake average = 1262 90% Exceedence 680 54% 670 53% 655 52% 670 53% 680 54% 50% Exceedence 780 62% 760 60% 740 59% 740 59% 740 59% 10% Exceedence 900 71% 860 68% 830 66% 820 65% 800 63% Kings River, below Pine Flat Reservoir average = 1234 90% Exceedence 660 53% 650 53% 645 52% 660 53% 670 54% 50% Exceedence 760 62% 740 60% 730 59% 730 59% 730 59% 10% Exceedence 860 70% 830 67% 815 66% 810 66% 800 65% Kaweah River, below Terminus Reservoir average = 290 90% Exceedence 135 47% 130 45% 125 43% 125 43% 125 43% 50% Exceedence 160 55% 155 54% 145 50% 140 48% 140 48% 10% Exceedence 200 69% 190 66% 175 60% 170 59% 165 57% Tule River, below Lake Success average = 65 90% Exceedence 12 19% 12 19% 12 19% 12 19% 13 20% 50% Exceedence 17 26% 16 25% 16 25% 15 23% 15 23% 10% Exceedence 31 48% 29 45% 28 43% 22 34% 20 31% Kern River, inflow to Isabella Lake average = 470 90% Exceedence 180 38% 170 36% 170 36% 180 38% 190 40% 50% Exceedence 220 47% 215 46% 215 46% 215 46% 220 47% 10% Exceedence 270 57% 260 55% 250 53% 250 53% 250 53% 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 1951 to 2000. Water Board Meeting June 16, 2004 7. OLD BUSINESS A. Update on Request to Kern County Water Agency for Treated Water to Serve Northwest Bakersfield - For Board Information · B A 'K E R S F,I E L D WATER RESOURCES DEPARTMENT Florn Core · Water Resources Manager May 24, 2004 Mr. Thomas Clark, General Manager Kern County Water Agency P.O. Box 58 Bakersfield, CA 93302-0058 Re: Northwest Bakersfield Water Supply Dear Tom: I appreciate you and your staff meeting with Tim Treloar of California Water Service (Cai Water) and myself on May 12th. It was good to hear that the Kern County Water Agency Improvement District #4 (ID#4) is aware of the groundwater quality problems that we are experiencing in the northwest and more importantly, that ID#4 is willing to assist the City and Cai Water in a remedy. I believe, at our meeting, we agreed serious water quality issues exist in northwest ID#4 and are worsening daily. I also believe that we agreed a short-term solution is readily available and, with the help of ID#.4, the problem can be alleviated. Several facets of a long-term plan for distributing drinking water in the metro Bakersfield area are under review. One particular portion of the plan, the so-called Northwest Feeder Pipeline (NFP), is a feature that would provide immediate relief for both City and Cai Water consumers in the northwest area of ID#.4. The NFP could initially deliver Cai Water entitlement that is re-routed from the East pipeline. Then other options, including an expanded Gamett Plant could be constructed to augment or replace the eastside water in the future. With these thoughts and facts at hand, the City requests that ID#-4 fast-track the construction of the NFP. We ask that you also consider ID#.4 contributing at some level to project costs for this facility. The City provides domestic water service in its Fairhaven and Riverlakes Ranch divisions, which lie almost entirely within the boundary of ID~H. It is on this basis we are asking that ID#.4 contribute to the cost of the NFP facility. As you are aware, the ID#4 North and East pipelines from the Garner Plant were funded as part of the original ID#4 project. The bonds for that project are being paid by the taxpayers in ID#.4. It would be consistent and equitable for ID#-4 to contribute to the construction costs of the NFP. In effect, that would partially compensate those northwest property owners within ID4 that have received little direct benefit of the project, but have paid toward the project since inception. 1000 Buena Vista Road · Bakersfield · California 93311 3;)6-37!5 · Fax (661) 852-2127 · E-Maih water@ci.bakersfield.ca.us May 24, 2004 Northwest Bakersfield Water Supply Page - 2 - At the May 12th meeting we also asked ID#4 about providing a raw water supply to a proposed new northwest filtration plant. The City and Cai Water have been investigating the construction of a state-of-the-art treatment plant located near Snow and Coffee Road. One aspect of the feasibility of the plant is the availability and cost of a raw water source. Justification for supplying ID~ water to the new plant is that either an expanded Garnett Plant or the new proposed plant would be serving the same residents. We would appreciate an expedient answer to these requests. I wish to thank you and your staff for timely attention to this matter. Please feel free to call me if you have questions or comments. Sincerely, Florn Core Manager cc: City of Bakersfield Water Board Alan Tandy, City Manager Derrill Whitten, Wastewater Manager Tim Treloar, Cai Water Service Company Robert Guzzetta, Cai Water Service Company , Water Board Meeting June 16, 2004 7. OLD BUSINESS B. Domestic Water Service Mainline Extension Agreement Refund Re-Assignments - For Board Approval · " i i :~! MAINLINE EXTENSION REFUND · '.. · · .' '.. AGREEMENT · ~" i ': · . CITY OF BAKERSFIELD WATER RESOURCES DEPARTMENT - DOMESTIC WATER The undersigned hereby assigns to: NeptUne Company P.O. Box 27170, Scottsdale AZ 85255-0136 all of its right, title and interest in and to the following described Water Extension · · Agreement: With: City of Bakersfield Dated: 03/14/I 984 · '. For Water facilities: WB 84-15 Tract 4626 · Amount of deposit: $35,337.84 : :. Balance of deposit: $18,552.29 ': Number of services: NA Number of hydrants: NA Refund basis: The exclusive right to receive from the City of Bakersfield, on an annual basis, 2 ½ 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: · George F. and Kathryn G. McKenney Family Trust dated 12/12/83 .. '> By:_ Dated: George F. McKenney, Trustee Accepted: .. · Neptune Company By: Dated: · '" ' .' Bren~ lqerguizian, Manager "' : .'~ Accepted: City of Bakersfield ~": By: Dated: · MAINLINE EXTENSION REFUND '.. AGREEMENT CITY OF BAKERSFIELD WATER RESOURCES DEPARTMENT - DOMESTIC WATER ': The undersigned hereby assigns to: Robert C. Dahl TrEE Morgan Stanley FBO: Acct #164-049291-024,Robert C. Dahi .~ all of its right, title and interest in and to the following described Water Extension :.". Agreement: · ' ' With: City of Bakersfield .... Dated: 03/14/1984 : : For Water facilities: WB 84-15 Tract 4626 · '. Amount of deposit: $35,338.00 .'. ii~ Balance of deposit: $18,552.29 · ' Number of services: NA ~ .":'. Number of hydrants: NA · Refund basis: The exclusive fight to receive from the City of Bakersfield, on an annual · basis, 2 ½ 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 roles. ' .. The undersigned warrants that it is the owner(s) of said agreement free and dear 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: Neptune Company · ' . · By: ~ Dated: ... '.." ·..'.. izian, Manager . "' '" Accepted: Robert C. DaM TTEE · · ' ~"Robe-r[ ~2. Dahll Tms[ee : Accepted: '" City of Bakersfield · '...'. MAINLINE EXTENSION REFUND i ' :~ AGREEMENT CITY OF BAKERSFIELD · "· WATER RESOURCES DEPARTMENT- DOMESTIC WATER ' '" :' :i:. :' The undersigned hereby assigns to: '. -' Neptune Company P.O. Box 27170, Scottsdale AZ 85255-0136 all of its right, title and interest in and to the following described Water Extension Agreement: With: City of Bakersfield · Dated: 05/04/I 987 For Water facilities: WB 87-02 Tract 7919 Amount of deposit: $37,627.77 Balance of deposit: $22,576.73 Number of services: NA .. Number of hydrants: NA Refund basis: The exclusive right to receive from the City of Bakersfield, on an annual basis, 2 ~A percent &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 roles. 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: George F. and Kathryn G. McKenney Family Trust dated 12/12/83 ' VGeo~;geC~F. MeKenney, Trustee Accepted: :· .. :" Neptu~ By: ~ Dated: ~'1 Accepted: City of Bakersfield .' "i :' '".':"i:' i';::. MAINLINE EXTENSION REFUND .i.. :.:'.".' .i.' i'i:;5.:.:. AGREEMENT ,.' · · · CITY OF BAKERSFIELD .. ': , · ', ': WATER RESOURCES DEPARTMENT- DOMESTIC WATER !." . ....' The undersigned hereby assigns to: : . .. Universal Business Capital, L.L.C. CIO Neptune Company, PO Box 27170 Scottsdale, AZ 85255 ' · .... all of its right, title and interest in and to the following described Water Extension Agreement: . ' :i: With: City of Bakersfield .-. Dated: 05104/1987 For Water facilities: WB 87-02 Tract 7919 '. Amount of deposit: $37,627.77 "~.~ Balance of&posit: $22,576.73 :' Number of services: NA .. Number of hydrants: NA · . Refund basis: The exclusive right to receive from the City of Bakersfield, on an annual ·. basis, 2 ½ 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 roles. : i 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: · ' .' :' Neptune Company . ....; ' Bre~"~lerguizian, Manager Accepted: · " Universal Business Capital, L.L.C. '.i By: ~ ~z~ 1~ Dated: 'i. ' ~lph Scrimager-, Atton~n Fact · '.': Accepted: · ", .: ~: City of Bakersfield ,. i'': ':...":'.:f. . By: Dated: '. '. MAINLINE EXTENSION REFUND AGREEMENT CITY OF BAKERSFIELD WATER RESOURCES DEPARTMENT - DOMESTIC WATER The undersigned hereby assigns to: Leon Rae Bierly and Jo Anne ~.au~ Bleflv, Tru~e~ of the 2003 Bieflv Family Trust, under Inetmment deted 12FJ/2003 14155 San Antonio Road, Atasca_~.erol CA 93422-6326 ctz~ ~r' .... all of its right, title and interest in and to the following described Water Extension Agreement: With: City of Bakersfield Dated: 8/12/1987 For Water facilities: WB 87-09, Track 4901, Units C & D Amount of deposit: $94,861.59 Balance of deposit: $56,916.95 Number of services: NA Number of hydrants: NA · ' Refund basis: The exclusive right to receive from the City of Bakersfield, on an annual basis, 2 · V2 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: The Blerly Family 1993 Trust, exemption trust Leon R. Biefly, Susan Blerly-Craig and Kamn BI,fly iandel, Trustees Leon Rac Bierly Susan Bicrly-Craig / Karen Bierly Wandel' Accepted: L~on Rae Blerly and Jo Anne Booth Blefly, Trustees of the 2003 Bledy Family Trust, under Instrument dated t 2/9/2003 ~ By: ~ ~ Its: trustee : · l.~eon~Rae Bierly. , ~ i By: ~ Anne Bo&h Bierly ' U Its: Trustee Accepted: City of Bakersfield By: ~~ Dated: Water Board Meeting June 16, 2004 8. NEW BUSINESS A. Participation in Electrical Demand Reduction Program for "2800 Acres" Wells - For Board Approval DEMAND RELIEF PARTNERSHIP AGREEMENT (DRP) THIS AGREEMENT is dated this 16th day of June , 2004 and is entered into, by and between: City of Bakersfield Water Resources Department 1000 Buena Vista Road Bakersfield, CA 93311 And Ancillary Services Coalition, LLC (ASC) 17602 17th St. 102-254 Tustin, CA 92780 In consideration of the mutual covenants set forth herein, THE PARTIES AGREE as follows: ARTICLE I DEFINITIONS AND INTERPRETATION 1.1 Terms, when used with initial capitalization in this Agreement and the attached Schedules shall have the meanings set out below. The singular shall include the plural and vice versa. "Includes" or "including" shall mean "including without limitation." References to a Section, Article or Schedule shall mean a Section, Article or Schedule of this Agreement, unless another agreement or instrument is specified. Unless the context otherwise requires, references to any law shall be deemed referenced to such law as amended, replaced or restated from time to time. Unless the context otherwise requires, any reference to a "person" includes any individual, partnership firm, company, corporation, joint venture, trust, association, organization, or other entity in each case whether or not having separate legal identity. References to "Client" or "ASC" shall, unless the context otherwise requires, mean Client and ASC respectively and their permitted assigns and successors. April 12, 2004 Demand Relief Partnership Agreement.doc 1 "Business Day" means any Monday through Friday, excluding any day, which is a federal bank holiday. "CPA' means the California Consumer Power and Conservation Financing Authority. "Client" means the party entering into this Agreement, other than ASC, and for purposes of individual loads aggregate to form 'a Client, references to the Client in this Agreement shall include individual Load. "Committed Capacity" means the Load Reduction in Demand expressed in kW's set forth in Schedule 1, which must be at least two-hundred (200) KVV that the Client agrees to deliver in accordance with Dispatch Notices in a manner that reduces loadings on the ISO Controlled Grid. "Capacity Price" Day Ahead Program 1 hr to 3 hr $4,875.00/mw-mo 1 hr to 5 hr $6,000.00/mw-mo 1 hr to 8 hr $6,750.00/mw-mo Non Spin Program (may not be available until mid summer) 1 hr to 3 hr $9,375.00/mw-mo 1 hr to 5 hr $10,500.00/mw-mo Capacity Price is entered on Schedule 1 after client determines appropriate program. "Deliver" means to reduce Demand by an amount of Committed Capacity on the ISO Controlled Grid pursuant to a Dispatch Notice. "Energy Price" For Non-spin and Reservation energy reduction is paid at $ 60.00 per MWh. "Dispatch Notice" means a notice issued by ASC to the Client requesting the Client to provide the Requested KVV of Committed Capacity under this Agreement. April 12, 2004 Demand Relief Partnership Agreement.doc 2 "Excess Energy Price" will be paid to clients willing to reduce their load in excess of the required 24 hours of curtailment each month. The excess energy is paid at $ 45.00 per MWh. "Fixed Price Amount" means the price at which Client has agreed to ° provide Committed Capacity during the Peak Period, expressed in S/KW-Month. The Fixed Price Amount is set forth on Schedule 1. "Load Reduction" means the provision of Committed Capacity through the reduction of Demand of at least the amount of KW specified in Schedule 1, such amount to remain applicable throughout the term of this Agreement. "Meter Data" is the only means by which the client's performance and compensation is based. Under no condition will ASC compensate clients without meter data. "Month" or "Monthly" means a calendar month. "Monthly Capacity Payment" means S/MW/Month June 1, 2003 through May 17, 2007 pursuant to Schedule 1. "Monthly Energy Payment" means $/MWh June 1, 2003 through May 17, 2007. "Non-Performance Payment Offset" means the capacity payment will be offset based on performance. (See Article 5.2) "Party" means either ASC or the Client and Parties means ASC and the Client. "Peak Hour" means an hour within Peak Hours. "Peak Hours" means each of the hours from 11:00 a.m. to 7:00 p.m. on any given Business Day during the Peak Period. "Peak Period" means the period from June 1 to September 30. April 12, 2004 Demand Relief Partnership Agreement.doc 3 "Requested KW" means the KW of Committed Capacity ASC requests the Client to Deliver pursuant to a Dispatch Notice. "Requested Operation Period(s)" means the consecutive Peak Hours specified in a Dispatch Notice during which ASC requests Delivery of Committed Capacity from the Client. A Requested Operation Period(s) shall commence with the Peak Hour specified by ASC in the Dispatch Notice and shall have a duration as so specified. ';Summer Month" means June, July, August and September. "Testing" ASC shall have the right to conduct random tests of th!s capacity no fewer than six (6) times per year. ARTICLE 2 TERM AND TERMINATION 2.1 Term. This Agreement shall become effective as of the date it is executed by the Parties and shall continue in full force and effect until terminated in accordance with the provisions of Section 2.2 of this Agreement or May 17, 2007, whichever is earlier. 2.2 Termination. This Agreement may be terminated: (a) By ASC in the event of default by the Client. (b) By the Client in the event of default by ASC. (c) By ASC in the event of CPA cancellation. (d) The CPA has the right to terminate the agreement between the CPA and ASC if ASC fails to pay Client in accordance with the terms of the ASC agreement between ASC and the client. Further, client · Agreement may be assigned to any other provider who has entered into a Demand Relief Partnership Agreement with the CPA. April 12, 2004 Demand Relief Partnership Agreement.doc 4 2.3 Effect of Expiration or Termination. Expiration or termination of this Agreement shall not affect the accrued rights and obligations of either Party, including either Party's obligations to make all payments to the other Party pursuant to this Agreement. 2.4 Termination Process. If either Party shall fail to perform any material obligation imposed on it by this Agreement or an ASC audit of the Client confirms that Client would have been unable to; or failed to Deliver the Committed Capacity in all Peak Hours in any Month that ASC did or did not issue a Dispatch Instruction, at its option, the party not in default may terminate this Agreement by giving the Party in default notice setting out specifically the circumstances constituting the default and declaring its intention to terminate this Agreement. If the Party receiving the notice disputes the notice, it shall notify the other Party within five (5) business days after receipt of the notice setting out specifically the grounds of such dispute. Time is of the essence in remedying a default. If the Party receiving the notice does not respond, within five (5) business days after receiving the notice, the Party not in default can terminate this Agreement. The Party not in default shall have a duty to mitigate damages. ASC at its sole discretion may terminate this agreement with any client that fails to maintain their Committed Capacity as stipulated in Schedule 1. Termination of this Agreement shall be without prejudice to the right of the Client to collect any amounts due to it prior to the time of termination. ARTICLE 3 DISPATCH OF PROJECT 3.1 ASC's Right to Dispatch. Subject to the limitations set forth in this Agreement, ASC shall have the right to direct the dispatch of Committed April 12, 2004 Demand Relief Partnership Agreement.doc 5 Capacity from the Client up to twenty-four (24) hours per Month by issuing Dispatch Notices to Client. Each Requested Operation Period(s) under a Dispatch Notice issued under this Section 3.1 shall be of duration for 1 (one) to 3 (three) hours, 1 (one) to 5 (five) hours or 1 (one) to 8 (eight) hours. Duration shall be determined by the client and entered on Schedule I of this agreement. 3.2 Timing of Dispatch Notices. ASC may issue a Dispatch Notice at any time consistent with ASC's right to dispatch as set forth in sectiOn 3.1, and ASC will endeavor to issue Dispatch Notices for Demand Reduction only after declaration by ISO of a Warning/Stage Alert Hour in the ISO control. ASC will only issue Dispatch Notices for Demand Reduction at the top of a Peak Hour, unless system conditions on the ISO control grid and in the ISO control area require othe~ise. Clients participating in the day ahead program shall be notified no later than 5 P.M. the day prior to the curtailment period. Client a.qrees to be available to receive pa.cled dispatch notices for Delivery of Contracted Load. It is the Clients responsibility to insure the operational status of the ASC's pager(s). ASC's cost of the pager'(s) rental'(s), and airtime'(s), shall be deducted from each recipients first compensation. ARTICLE 4 DELIVERY OF COMMITTED CAPACITY 4.1 Client's Delivery of Committed Capacity. (a) Subject to the limits in this Agreement the Client shall provide Committed Capacity in the amount of the Requested KW and for the full Requested Operating Period(s) specified in each Dispatch Notice Apd112, 2004 Demand Relief Partnership Agreement.doc 6 within ten (10) minutes for Non-Spin and next day for Day Ahead program with receipt of each Dispatch Notice. (b) The Client shall comply with the metering and related arrangements set forth in this Agreement. 4.2 Delivery Calculation. The amount of Committed Capacity delivered by the Client pursuant to any given Dispatch Notice shall be determined as outlined in Attachment A of this agreement. ARTICLE 5 BILLING AND SETTLEMENT 5.1 Payment. Commencing as of June 1, 2003 ASC shall pay the Client for each Month during the term of the Agreement a Monthly Capacity Payment equal to the Fixed Priced Amount less the Non-Performance Payment Offset for the corresponding Month calculated in accordance with Section 5.2. The Client shall not receive payment for Delivery of capacity in excess of Committed Capacity or Requested kW. 5.2 Non-Performance Payment Offset. Client shall be assessed a Non- Performance Payment Offset for any Month in which it fails to Deliver one hundred percent (100%) of the Requested kW for all Dispatch Notices issued for that month. The Non-Performance Payment Offset will be calculated as follows: (a) If the Client delivers on average equal to or greater than the Requested kW for all Dispatch Notices issued in any Month during the Peak Period, there will be no Non-Performance Payment Offset for that Month. (Participant paid 100% of capacity and 100% of energy without deduction for non-performance) April 12, 2004 Demand Relief Partnership Agreement.doc 7 (b) If the Client delivers on average between ninety percent (90%) and less than one hundred percent (100%) of the requested kW for all Dispatch Notices issued in any Month during the peak period, the Non-Performance Payment Offset for that Month will be twenty five percent (25%). (c) If the Client delivers on average between eighty percent (80%) and less than ninety percent (90%) of the requested kW for all Dispatch Notices issued in any Month during the peak period, the Non- Performance Payment Offset for that Month will be fifty percent (50%). (d) If the Client delivers on average between seventy percent (70%) and less than eighty percent (80%) of the requested kW for all Dispatch . Notices issued in any Month during the peak period, the Non- Performance Payment Offset for that Month will be seventy five percent (75%). (e) If the Client delivers on average between zero percent (0%) and less than seventy percent (70%) of the requested kW for all Dispatch Notices issued in any Month during the peak period, the Non- Performance Payment Offset for that Month will be one hundred percent (100%). No compensation will be paid for less than seventy percent (70%) performance. Further ASC reserves the right to remove non performing participants from the aggregation. April '12, 2004 Demand Relief Partnership Agreement.doc 8 ARTICLE 6 COSTS 6.1 Operating and Maintenance Costs. The Client shall be responsible for all its costs incurred in meeting its obligations under this Agreement for the Committed Capacity identified in Schedule 1. ARTICLE 7 REPRESENTATIONS AND WARRANTIES 7.1 Representations and Warranties of the Parties. Each Party represents and warrants that the execution, delivery and performance of this Agreement by it have been duly authorized by all necessary, actions, to the extent authorized by law. 7.2 Additional Representations and Warranties of the Client. The Client additionally represents and warrants to ASC as follows: (a) The Client is not a participant in any of the UDC interruptible and/or curtailable load programs or any other demand responsiveness or curtailable program. (b) The Client is a UDC bundled customer, a direct access customer or served by a California municipal utility. (c) The Client has a 15-minute interval meter approved by the Local Regulatory Authority. (d) The client will sign a Third Party Authorization allowing ASC to request meter data, Meter Pulse Service, and provide password access to interval data as may be available on a web database. provided by the UDC. (e) A generator used under this program complies with the California Air Resource Board's Guidelines or is operated with natural gas. (f) The Client has all necessary leases, approvals, permits, licenses, easements, rights of way or access to install, own and/or operate its Load or will obtain them prior to the effective date of this Agreement Apdl 12, 2004 Demand Relief Partnership Agreement.doc 9 ARTICLE 8 MISCELLANEOUS 8.1 Entire Agreement. This Agreement represents the entire understanding between the parties, and all prior oral and written Agreements have been merged herein. 8.2 Beneficiary of Agreement. This Agreement shall inure to the benefit of, and be binding upon, the heirs, successors, transferees, and assignees of both parties. 8.3 Amendment of Agreement. This Agreement may not be altered or amended except by an instrument in writing signed by both Parties. 8.4 Resolution of Controversy or Claim. The laws of the State of California shall govern this Agreement. These parties hereby agree that the only appropriate court for the resolution of any controversy that may arise over the interpretation or enforcement of this Agreement is the Superior Court of the State of California. 8.5 Relationship of Parties; Relationship to CPA and DWR. The Parties agree that neither Party is an agent, contractor or subcontractor of the other Party, nor are the Parties engaged in a partnership or joint venture. Customer acknowledges and agrees that neither DWR nor CPA shall be liable under any circumstances for the failure by ASC, or by any other party, to pay to Customer any amounts that ASC received from DWR or CPA pursuant to the DRPA; Customer hereby waives any and all claims by it as against DWR and/or CPA with respect to amounts that ASC received from DWR or CPA pursuant to the DRPA. 8.6 Authorized to Execute Agreement. The individual executing this Agreement hereby represents that he or she is duly authorized to execute and deliver this Agreement on behalf of the Party for whom he or she executes it and that this Agreement is binding upon that party in accordance with its terms. April 12, 2004 Demand Relief Partnership Agreement.doc 10 IN WITNESS WHEREOF, this Agreement has been executed as of the date first above written. City of Bakersfield, Water Resources By: Name: Florn Core Title: Water Resources Manager Ancillary Services Coalition, LLC. By: Name: Title: April 12, 2004 Demand Relief Partnership Agreement.doc 11 SCHEDULE 1 COMMITTED CAPACITY AND FIXED PRICE AMOUNT DISPATCH DURATION: 1 thru 5 hours Day Ahead/Non Spin Pmgrami Day Ahead FIXED PRICE AMOUNT: $ 6,000.00/mw/month Accounts submitted under this Agreement: Committed Capacity (kW) Account # Meter # Description June July Aug Sept 4189277045 OM8090 Olcese well #3 4189277040 OM5518 Olcese well ~ 4189277035 X89952 Olcese well #5 4189277030 OM7894 Olcese well ~ff~ 4189277025 620R39 Olcese well #7 4189277020 OM5478 Olcese well #.8 Total Committed 1.2 1.2 1.2 1.2 Capacity (MW) April 12, 2004 Demand Relief Partnership Agreement.doc 12 SCHEDULE 2 NOTICES Name of Primary: City of Bakersfield Name of Alternative: Representative: Florn Core Representative: Address: 1000 Buena Vista Address: Road City/State/Zip Code: Bakersfield, CA City/State/Zip Code: 93311 Email Address: fcore~ci.bakersfiel EmailAddress: d.ca.us Phone Number: (661) 326-3715 Phone: Fax Number: (661) 852-2127 Fax Number: April 12, 2004 Demand Relief Partnership Agreement.doc 13 Attachment A Protocol for Measuring Capacity and Energy Section 4.2 of the Agreement references this protocol that establishes the standards for measuring delivered capacity when dispatched. When capacity is not dispatched in a particular month, the capacity shall be the capacity tested form time to time in accordance with this Agreement. The qualified end user's baseline for measuring delivered capacity will be calibrated to the load shape to account for the normal change in customer's load during the course of the day. The normalized load shape will be calculated hourly based on the average for the past ten workdays, excluding Saturdays and Sundays and curtailment days excluding both the highest and lowest value for each hour. Delivered Capacity Example 1: Assume contracted energy is scheduled in the CAISO hour ahead market. Assume for the following period that a contracted energy schedule was issued in hour 12 for hours 15 through 16: Hour 9 10 '11 12 13 14 15 16 17 '18 10-DayAverage 10 1010 11 11 11 12 13 12 11 Metered Amount 11 1111 12 12 9 1 1 9 11 Baseline N/A N/A N/A N/A N/A N/A 13.2'* 14.3'* N/A N/A Ne~lawatts N/A N/A N/A NIA N/A 12.2 13.3 NIA NIA All values in MWs The following procedure would compute the contracted energy reduced: First, Historical 10-day average excluding invalid dates is calculated. Second, Historical meter data for three Calibration Hours (which are the three hours before the notification) is calculated. Since the notification occurred in hour 12, the calibration hours would be the three hours before - hours 9, 10 and 11. Third, the ratio of the average of the three calibration hours (11MW) to the 10-day average of the same three hours (10MW)is computed (11 MW/10MW= 1.1 ). Fourth, that ratio (1.1)is multiplied by the 10-Day Average for each curtailment hour to compute the Baseline Quantity (12 X 1.1 = 13.2 MW for hour 15). Fifth, the metered amount for such hour is subtracted from the baseline quantity to yield the demand reduction for the hour (12.2 MW = 13.2MW - 1 MW for hour 15). A similar approach is used when the energy reduction is scheduled on a day ahead basis. In this case, the three calibration hours will be on the previous day. April 12, 2004 Demand Relief Partnership Agreement.doc 14 Delivered Capacity Example 2: Assume contracted energy is scheduled in the CAISO hour ahead market. Assume for the following period that a contracted energy schedule was issued in hour 12 for hours 15 through 16: Hour 9 10 11 12 13 14 15 16 17 18 10-DayAverage 10 10 10 11 11 11 12 13 12 11 Metered Amount 5 5 5 7 8 9 1 1 9 11 Baseline N/A N/A N/A N/A N/A N/A 6.0** 6.5** N/A N/A Ne~awatts NIA NIA NIA N/A N/A 5.0 5.5 N/A NIA All values in MWs The same procedure would compute the contracted energy reduced: First, Historical 10-day average excluding invalid dates is calculated. Second, Historical meter data for three Calibration Hours (which are the three hours before the notification) is calculated. Since the notification occurred in hour 12, the calibration hours would be the three hours before - hours 9, 10 and 11. Third, the ratio of the average of the three calibration hours (5MW) to the 10-day average of the same three hours (10MW)is computed (5MW/10MW=0.5). Fourth, that ratio (0.5) is multiplied by the 10-Day Average for each curtailment hour to compute the Baseline Quantity (12 X .05 = 6.0 MW for hour 15). Fifth, the metered amount for such hour is subtracted from the baseline quantity to yield the demand reduction for the hour (5.0 MW = 6.0MW - 1 MW for hour 15). This example demonstrates the impact of having a reduced load on the morning of the curtailment call even though the 10-day average is sufficient to justify the contracted committed capacity. Sunday/Monday Procedure: Sunday-Monday 48-hour load profile would be computed for the previous 5 weekends. Then the average 48-hour load profile would be calibrated to the three reference hours on Sunday (HE 1100, 1200, and 1300). April 12, 2004 Demand Relief Partnership Agreement.doc 15 Water Board Meeting June 16, 2004 9. MISCELLANEOUS A. Change of Scheduled Water Board Meeting of August 18, 2004 - For Board Review and Action SCHEDULED MEETINGS BAKERSFIELD CITY COUNCIL JANUARY 2004 THROUGH DECEMBER 2004 AMENDED Revised May 26, 2004 Resolution No. 198-03(1) ~----~REGULAR MEETING BEGINS @ 5:15 PM r~ BUDGET MEETING & PRESENTATIONS CONTINUED AT 7:00 PM Monday's @ Noon, Wednesday's @ 5:15pm ~WATER BOARD MEETING Hearing on 6/9, Adoption on 6/23 ~Holidays - City Hall Closed ~ Joint City/County Meeting JANUARY FEBRUARY MARCH S M F W TH F S S M ¥ W TH F S S M r w TH F S 1 2 3 1 2 3 4 5 6 7 1 2 3 4 5 6 4 5 6 7 8 9 10 8 9 10 11 12 13 14 7 8 9 10 11 12 13 11 12 13 14 15 16 17 15 16! 17~ 19 20 21 14 15 16 17 18 19 20 18 19 20 21 22 26 24 221 23 24 25 26 27 28 21 22 23 24 25 26 27 25 26 27 28 29 30 31 29 28 29 30 31 APRIL MAY JUNE S M T W TH F S S M T W TH F S S M T12 W TH F S 1 2 3 1 3 4 5 4 5 6 7 8 9 10 2 3 4 5 6 7 8 61 71 8 91 10 11 12 11 12 13 14 15 16 17 9 10 11: 12 13 14 15 13 14 15~1 17 18 19 18 19 20~ 22 23 24 161 171 18 19 20 21 22 20 21 22 231 24 25 26 25 26 27 28 29 30 23 24 25 261 27 28 29 27 28 29 30 30 31 JULY AUGUST SEPTEMBER S M T W TH F S S M T W TH F S S M T W TH F S 1 2 3 1 2 3 4 5 6 7 1 2 3 4 4 5 6 7 8 9 10 8 9 10 11 12 13 14 5 6 7 8 9 10 11 11 12 13 14 15 16 17 15 16 17 18 19 20 21 12 13 14 15 16 17 18 18 19 20 21 22~ 23 24 22 23 24 25 26 27 28 19 20 21 22 23 24 25 25 26 27: 28 29 30 31 29 30 31 26 27, 28 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 1 2 1 2 3 4 5 6 1 2 3 4 3 4 5 6 7 8 9 7 8 9 10 11 12 13 5 6 7 :i:i~8~ 9 10 11 10 11 12~ 14 15 16 14 15 16 17 18 19 20 12 13 14 15 16 17 18 17 18 19 20 21 22 23 21 22 23 24 25 26 27 19 20 21 22 23 24 25 24 25 26 27 28 29 30 28 29 30 26 27 28 29 30 31 i 31 Water Board Meeting June 16, 2004 11. CLOSED SESSION A. Conference with Legal Counsel - Existing Litigation. Closed Session Pursuant to Government Code Section 54956.9(A) North Kern Water Storage District vs. Kern Delta Water District, et al, Tulare County Superior Court Case No. 96-172919