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Home My WebLink About01/18/06 CitY of Bakersfield Water Board ~ eeting of January ~ 8, 2006 Water Resources File Packet B A K E R S F I E L D WATER BOARD David Couch, Chair Harold Hanson, Vice Chair Zack Scrivner CITY OF BAKERSFIELD WATER BOARD REGULAR MEETING Wednesday, January 18, 2006 - 2:00 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 December 19, 2005 special meeting for approval- For Board Review and Action 4. PUBLIC STATEMENTS 5. KERN RIVER LEVEE DISTRICT A. Governor's Strategic Growth Plan for Levees - For Board Information 6. REPORTS A. Kern River Operations Report - For Board Information 7. OLD BUSINESS A. Kern River Recharge and Recreation Water Management Agreement (Kern River Parkway) with Kern County Water Agency - For Board Information B. Domestic Water Availability Fees per Municipal Code 14.04.120 - For Board Review and Action WATER BOARD AGENDA PAGE 2 JANUARY 18, 2006 8. NEW BUSINESS A. Independent Contractor's Agreement with Trans-West Security Services to Provide Security Patrol Services for City Water Facilities - For Board Review and Action 9. MISCELLANEOUS A. Proposed Water Board meeting calendar for 2006 - 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: January 13, 2006 S:\WB MINUTES 2005\WBAGENDAJan1806.doc Water Board Meeting January 18, 2006 3. MINUTES A. Minutes of the December 19, 2005 special meeting for approval- For Board Review and Action MINUTES OF THE SPECIAL MEETING OFTHE WATER BOARD - CITY OF BAKERSFIELD Monday, December 19, 2005 - 2:00 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 Couch at 2:00 p.m. 2. ROLL CALL Present: Chairman Couch, Members Hanson, Scrivner Absent: None 3. MINUTES A. Minutes of the Special Meeting of November 10, 2005 for approval. Motion by Hanson to approve the minutes. APPROVED, ALL AYES. 4. PUBLIC STATEMENTS A. Dennis Fox made comments regarding the State of California Water Plan and Urban Land Use Management Plan. 5. KERN RIVER LEVEE DISTRICT None 6. REPORTS A. Kern River Operations Report Steve Lafond, Hydrographic Supervisor, gave a brief update. No action taken. 7. HEARING A. Noticed Public Hearing to receive input on the City of Bakersfield 2005 Urban Water Management Plan for the Domestic Water System. The notice was published in the Bakersfield Californian on December 2® and 9th, 2005. Faxed correspondence was received from North Kern Water Storage District regarding the Urban Water Management Plan review. Hearing opened at 2:04 p.m. Bakersfield, California, December 19, 2005 - Page 2 7. HEARING continued A. Florn Core, Water Resoumes Manager, stated the urban water suppliers are required by the Urban Planning Act to update and submit their plans to the Department of Water Resources every five years, in years that end in zero and five. The updated plan is due December 31,2005. This Plan covers the City's Domestic Water Service Area, not the entire City of Bakersfield. There are several other water purveyors that serve Bakersfield and they are required to prepare their own urban water management plan, independent of the City of Bakersfield. This plan is not site specific, it is general. It is an estimated projection of general system expansion, if that expansion occurs, what the water supply would be and how you plan on serving, even during drought years. CEQA does not apply to the plan preparation or the adoption of the document. A more detailed review of water demands and needs is provided at the time of development by the preparation of water supply assessments that identify proposed development, what the water supply is going to be and how it is going to be served, ground or surface water. It is a complete detailed plan required under CEQA. At that point anyone wishing to challenge the Plan assessment can do so. The Water Board reviewed this plan .at its November 10, 2005 meeting. The notice of hearing was published on December 2nd and 9th, 2005. Mark Lambert, Water Superintendent, stated purveyors that supply water service to over 3000 customers are required to update their Urban Water Management Plan every five years with the California Department of Water Resources in order to quality for job assisted programs, loans or grants that are administered by the Department of Water Resources. Once the update has been adopted that purveyor has 30 days to submit their plan to the Department of Water Resources and to the City or County in which they provide water service. The purveyor is required to have the Plan available for public review. The City's Plan has been available for the past five years. Mr. Lambert displayed a map showing the service area. Staff recommends the Water Board approve and adopt the City of Bakersfield Domestic Water System 2005 Urban Water Management Plan; direct staff to file the plan with the California Department of Water Resources prior to December 31,2005; receive and file any comments received from the public; direct staff to respond to comments and after consideration of the comments, determine whether to file a Modified Urban Water Management Plan at a later date. The following individuals spoke in opposition of staff recommendation: 1. James Beck, General Manager, Kern County Water Agency, submitted written material. 2. Bill Phillimore, Chairman, Kern Water Bank Authority, submitted written material. 3. Mark Mulkay, General Manager, Kern Delta Water District; submitted written material. 4. Gene McMurtrey, McMurtrey, Hartsock & Worth, spoke on behalf of Kern River Fan Group. Bakersfield, California, December 19, 2005 - Page 3 7. HEARING continued A. 5. Dana Munn, Manager, North Kern Water Storage District, submitted written material. 6. Howard Frick, Arvin-Edison Water Storage District. No one spoke in support of staff recommendation. Hearing closed at 2:27 p.m. Chairman Couch requested staff provide the Water Board Agenda to the agencies in attendance. Staff provided Water Board Agenda subscription forms to everyone interested in receiving the agenda, to complete and return to the Water Resources Department. Couch requested staff receive public comments up to March 15, 2006, at that time staff will review the comments and determine if the plan needs to be modified. 'Couch requested staff provide a list of agencies that are required to adopt an Urban Water Management Plan by the end of the year; requested a list of Agencies which have completed the Plan; and requested the agencies provide copies of all comments they received regarding their Plan. James Beck stated they are in the process of mitigation efforts with the urban water groups and informing them of the need to prepare this plan and they will treat them in the same fashion. He will provide a list of entities required to prepare the Plan to Water Resources Manager Florn Core. Motion by Hanson to approve and adopt the City of Bakersfield Domestic Water System 2005 Urban Water Management Plan; direct staff to file the plan with the California Department of Water Resources prior to December 31, 2005; receive and file comments from the public through March 15, 2006; direct staff to respond to comments and after consideration of the comments~ determine whether to file a Modified Urban Water Management Plan at a later date; direct staff to inform the Water Board at the March 15, 2006 or next regularly scheduled meeting, how long it will take. APPROVED, ALL A YES 'Chairman Couch recessed the meeting at 2:35 p.m. Chairman Couch reconvened the meeting at 2:40 p.m. Bakersfield, California, December 19, 2005 - Page 4 8. OLD BUSINESS A. Kern River Recharge and Recreation Water Management Agreement (Kern River Parkway) with Kern County Water Agency. Florn Core, Water Resources Manager, gave a brief update and stated the Water Agency extended the existing agreement through July 5, 2006. The new agreement will have the same commitments related to the parkway; it will include parkway wells to be pumped in the dry years cimulated up and run back down the river, with the City financing that operation. No action taken. 9. NEW BUSINESS A. Reimbursement Agreement with Kern County Water Agency for Kern River Canal Repairs. Motion by Scrivner to approve the Reimbursement Agreement (No. 05-34WB). APPROVED, ALL A YES 10. MISCELLANEOUS None 11. WATER BOARD STATEMENTS None 12. TOUR A. Tour of The Park at RiverWalk and associated water features. Chairman Couch recessed the meeting to Tour the Park at River Walk at 2:45 p.m. 13. CLOSED SESSION None 14. ADJOURNMENT Chairman Couch adjourned the meeting at 3:33p. m. at the tour site. David Couch, Chairman Bobbie Zaragoza, Secretary City of Bakersfield Water Board City of Bakersfield Water Board Water Board Meeting January 18, 2006 5. KERN RI~VER LEVEE DISTRICT A. Governor's Strategic Growth Plan for Levees - For Board Information Water Board Meeting January 18, 2006 6. REPORTS A. Kern River Operations Report - For Board Information ISABELLA RESERVOIR DALLY OPERATIONS REPORT (All readings are for date of report (THURSDAY) as of OOOl, except as noted.., cfs in italics) Date of Report: January 12, 2006 ISABELLA RESERVOIR 2573.01 Lake Elevation (ft.) 255860 Storage (AcFt) - 689 Change (AcFt) 746 Inflow to Isabella (cfs) 2 568075 Storage Capacity 45% % of Capacity 155091 Normal Storage 165% % of Normal Storage For this Date 3 7656 Average Lake Area (Acres) 26914 Inflow (Month AcFt) 17147 Outflow (Month AcFt) 4 584 North Fork Mean 575 North Fork @ 0600 Hours 100183 Accumulative Inflow (2006 Water Year) 5 1057 Mean Outflow 530 Borel Canal 527 Main Dam Outlet 137734 Accum. Outflow (WY) 6 1322 Outflow @ 0600 529 Borel Canal @ 0600 Hours 793 Main Dam Outlet @ 0600 Hours Hours 7 36 Lake Evap. (cfs) 0.14 Inches Evap. for24 Hours 454 Lake Evap. (Month AcFt to Date) 8 0 Spillway Discharge for 24 Hours 129 South Fork near Onyx @ 0600 Hours PRECIPITATION AND TEMPERATURE 9 0.00 Inches of Precipitation at Isabella for 24 Hours 2.76 Inches of Precipitation at Isabella for Month 10 7.56 Seasonal Precip. Isabella 4.14 Normal for 183% Isabella Precip. (Season: Oct 1 through Sep 30) this Date % of Normal 0.00 Inches of Precipitation at Pascoe for 24 Hours 5.50 Inches of Precipitation at Pascoe for Month 2 15.10 Seasonal Precip. Pascoe 13.82 Normal for 109% Pascoe Precip. this Date % of Normal 3 16.5 Upper Tyndall Creek 14.6 Pascoe 18.3 Wet Meadow 4 60 Isabella Maximum Temperature 1.46 Isabella Max. Precip. on Record For this Date 1980 Year of Occurrence 5 35 Isabella Minimum Temperature 86 24 Hour Wind Movement (Miles) NATURAL RIVER FLOW 6 777 Natural Flow (cfs) 28796 Natural Flow (Month to Date) 28796 2006 Jan-Mar Runoff 7 549 Mean Flow 142% Natural Flow 389 Median Flow 200% Natural Flow For this Date in % of Mean For this Date in % of Median 8 9027 Max. on Record 160 Min. on Record 107608 Accum. Natural Flow (Water Year) 9 1980 Year of Occurrence 1949 Year of Occurrence 20 1353 First Point Flow 19029 First Point (Month to Date) 145187 Accum. First Point (Water Year) KERN RIVER FACTS & FIGURES: ~ · B~" ~Y~" ~"~A K E R S F I E L ny th/s date/n 1980, 1.45inches of rain fell on Isabella Lake, the highest 24-hour amount corded dur/ng a week-long storm period that produced a total of 6.47" at the dam. Upper Produced by City of Bakersfield ndall Creek snow sensor, located at 11,450 feet in the Kern basin, registered 4.1" of water Water Resources Department prior to the January 9-15, 1980 storm period. By the end of the storm, the reading was 15.0". (661) 326-3715 KERN RIVER BASIN SNOWPACK ACCUMULATION EIGHT SENSOR INDEX January 12, 2006 40.0 1997-1998 /: ' I 242% A-J ~ , __ 35.0 ............................................ ,, 122% ^-J , 30.0 .................................. "~ 25.0 ............................ Average 100% of April 1 Average ~ 20.0 , - ................. 2004-2005 ~.------"~ 169% A-J ,~ I 2oos-2oo6 I /- 15.0 .......................... 1999-2000 65% A-J I 10.0 54% A-J 5.0 , 0.0 November December January February March April Snowpack Accumulation Season CITY OF BAKERSFIELD WA TER RESOURCES DEPARTMENT KERN RIVER NATURAL FLOW, REGULATED FLOW, & ISABELLA RESERVOIR STORAGE 2005 - 2006 WATER YEAR 2500 ............ : : 600,000 2608.25 Ft.) 550,000 2250 - .... ..... ' .................................................................... ? .... 2603.91 Ft.) 2005-2006 . Isabella Storage ~,~ ' ' ' ' ' . 500,000 2000 -: ...... _~- ......... ~,,~-- -~-~-~-~..2.~. .... - ........ ~- ................... : - ............ '2599,38 Ft) \ , ~!' ,~--~-~,_,~ -, . . .,_. . .. : ~ · · i!: ' -- .a, ural I'lOW , _ ; 450,000 ~ 1750 .......... ;--_ _~ .... ~ _ _ _ ~_! ............. .~ .......................................... ........... ~2594.62 Ft)z= ~ . ~ '!~l ," · . :' 400,000 Z 2589.60 Ft.)l~. 0 ~0 1500 ............. r:' ........: ................. : .................. , 350,000 a. 1250 - - - -7 ~[,? ......... ; ....... 300,000 ~ :V~_A__~1 . ~ "i - ;~'~-~,_,~ 250,000 0 1000 ....... : .... i',-~- ....., iii-: ......... ~-. ................. '~.- .................. .. ......... :--' 2572.24Ft.),,= =m Vk& ' ' "Ill ' 200,000-- ' ] L ~ ]/ ' Normal n- I"' rsabella Storage 150,000 500 ~ ........... ., 100,000 ,:~ ,,- -~' Regulated Flow ) 250 ~- ~! 50,000 ~ ,. .; Ft.) 0 0 Oct-05 Nov-05 Dec-05 Jan-06 Feb-06 Mar-06 Apr-06 May-06 Jun-06 Jul-06 Aug-06 Sep-06 1-12-06 NATIONAL WEATHER SERVICE CLIMATE PREDICTION CENTER THREE MONTH PRECIPITATION OUTLOOK FEBRUARY-MARCH -APRIL 2006 PRECIPITAT'rON OUTL.OOK 1 5 HO LL SEFISONFIL. rc MEFIN~C EQUAL · CHFINCEG; FOR R, VALID: ?HR 2006 MADE: 15 DEC 2005 ~ # Mc~4#$ NORMAL M[flN$ BE L rmH -,~o '~-_~'~ ., Water Board Meeting January 18, 2006 7. OLD BUSINESS A. Kern River Recharge and Recreation Water Management Agreement (Kern River Parkway) with Kern County Water Agency - For Board Information KERN RIVER CHANNEL RECHARGE AND RECREATION ~_G_R_E_E_M_ _E_N_T_ .... ~l~t~~ed: WATER MANAGEMENT THIS AGREEMENT is made and entered into on ,2006, by and between the ~ OF BAKERSFIELD, a chartered municipal corpo~d to herein as "C1TY," and KLa'RN COUNTY WATER AGENCY, acting for and on behalf of IMPROVEMENT DISTRICT NO. 4, a special act public entity, referred to herein as "ID4." RECITALS A. The Kern River Parkway was adopted in 1988 as a comprehensive plan to provide for flood control, groundwater recharge, recreation and preservation of natural resources in the Kern River Channel through Bakersfield ("Kern River Channel" herein) that enhances the quality of life for all citizens; and B. CITY is owner ora substantial portion of Kern River water rights, canals and properties associated with operation of Kern River and is responsible for the transportation and delivery of Kern River water to points downstream in accordance to the Miller-Haggin Agreement dated July 28, 1888; and C. CITY utilizes the Kern River Channel &o_m_e_e_t it.5 p_bl_iga_tip_n_u_n_d _er_t_h_e _M_ill_er_-_H_aggi_n_ ~ ~ - -{ Ddete~: through Agreement and is desirous of maintaining, at a minimum, historical quantities of recharge resulting from CITY utilization of the Kern River Channel; and D. CITY wishes to modify its use of Carrier Canal to the benefit of the Kern River Channel hroul~h coordination with ID4 such that historical quantities of rechame of Kern River _ _ ~ ~. '{ Deleted: Parkway water are improved; and E. ID4 has an annual entitlement of 82,946 acre-feet of water on the State Water Project ("SWP" herein) and conducts an extensive groundwater recharge program and has historically utilized the Kern River Channel,s a primary feature of its recharge program to ~ ~ ~ -{ o~,ete~l: Ihroughout the Kern River .................................... [ ParKway replenish the aquifer that underlies the district; and F. ID4 and CITY have heretofore entered into a Water Exchange Agree~nent, commonly referred to as Truxtun Lake Agreement ("Truxtun Lake Agreement" herein), dated July 1, 1988, attached hereto and incorporated herein by reference; and ' o~et~a: il.. CITY and the Kern tt County Water Agency have previously G. ID4 has previously entered into cooperative Exchange Agreements with ,, executed a Joint Resolution dated November 1996, lbr the Establishment of Kern-Tulare Water District and Rag Gulch Water District, dated August 8, 1988, attached hereto ,, a Water Recreation and Recharge and incorporated herein by reference, pursuant to which ID4 takes delivery of Basic Contract water , Program tbr the Kern River Parkwaylhat ("Basic Supply" herein) provided by CITY from Kern River in conformance with the provisions ,' witdire~edh ,he developmenttheir respectiVeof~afl'Sa watert° proceed itI management program designed to contained therein; and maximize apal increase flows in the Kern t River Parkway during the recreation ~_._ ID4 and CITY determined a water management pro_gyam that would facilitate the- _ _ .., s~o~. This was to be accomplished .................................................... through the coordination of water commitment of a portion of the water supplies and 'facilities available to ID4 and CITY for the r~o~,~s and thcililies available to both parti~; and¶ .1 Kem River Parkway without significantly increasing the operating costs of either entity was appropriate to achieve the goals of the Joint Resolution; and ,l- .... 1?_4_h_a~_ _as_ _a lo_ngz t_e _rn)_ p_bie~ctj yq _for jt_s ~a_te_r_s_upply_m_ a_n_age~ _m_en_t_p~rggLa_m_Lh_e ...... ~ - ~ J development ora supply for the district that is independent of the SWP. It is anticipated that this will be accomplished through water management opportunities with water districts utilizing Kern River and Friant-Kern supplies and CITY agrees to cooperate with ID4 in development of such long-term exchange programs; and J. ID4 and CITY entered into the Kern River Parkway Water Management Agreement (Agreement No. 99-307) on November 17, 1999 and continued the program through July 5, 2006 putting a total of acre-feet ini. o the Kern River Recharge and Recreation Area; and K. ID4 and CITY have determined continuing a water management program committing a portion of the water supplies and facilities available to ID4 and CITY is in the best interest of both parties. NOW, THEREFORE, incorporating the foregoing recitals herein, CITY and ID4 agree as follows: 1. TERM AND RENEWAL The initial term of this Agreement shall commence July 6, 2006 and terminate December 31,2011. At the end of the initial term period, this Agreement will automatically renew annually unless either party notifies the other of its election to terminate the Agreement within one hundred eighty (180) days of renewal date. 2. KERN RIVER RECHARGE AND RECREATION. a. Recharge Area. For purposes of this Agreement, the Kern River Recharge and Recreation area ("Recharge and Recreation Area" herein) shall include the Kern River Channel from Rocky Point Weir (approximately 2.0 miles east of Manor Street) extending downstream to the western boundary of 1D4 (approximately 1.0 milq_w_es_t_of_S_to_c_k_d_al_e_l-l_igh_w_ _ay_ _B_ri_dge_)_, t_h_e ........ ~ Truxtun Lakes recharge area and The Lakes at the Park at River Walk ("Recharge and Recreation Lakes" herein), the Cross Valley Canal Extension ("CVC Extension" herein) and the Carrier Canal. b. Recharge Capacity. For purposes of this Agreement, Recharge and Recreation Area recharge capacity shall mean the combined recharge capacity of the Kern River Channel between Rocky Point Weir and the western boundary of ID4, the Recharge and Recreation Lakes, the CVC Extension ~n_d_C_ a_n'_i_er_ _C_an_El.- _B_as_e_cl_u_p_o_n_t_he_ _hi_st_o_ri_c_al_p_e_ri_o_d _o_f _1_97_9_ th/'_ o_u_g_h_ ..... ' t Deleted: Truxttm Lakes 1995, the following average daily recharge quantities will be used by CITY and ID4 as an operational tool to assist in the development and coordination of Recharge and Recreation Area recreational flow schedules (figures represent continuous flow operation): (1) Kern River Channel. Average daily recharge for the Kern River Channel between Rocky Point Weir and the western boundary of ID4 shall be 145 cubic feet per second ("cfs" herein); apportioned as follows: (a) Rocky Point Weir to Calloway River Weir; 15 cfs. (b) Calloway River Weir to River Canal Weir; 75 cfs. (c) River Canal Weir to Bellevue Weir; 40 cfs. (d) Bellevue Weir to western boundary of ID4; 15 cfs. (2) Recharge and Recreation Lakes. (a) Truxtun Lakes. Average daily recharge for the Truxtun Lakes recharge area shall be 5 cfs. (b) The Lakes at the Park at River Walk. Average daily recharge for the Lakes at the Park at River Walk recharge area shall be 5 cfs. (3) Carrier Canal. Average daily recharge for the Carrier Canal shall be 15 cfs. (4) CVC Extension. Average daily recharge for the CVC Extension shall be 15 cfs when the CVC Extension is in use for purposes of this Agreement. c. Recharge Rate. For operational purposes of this Agreement, the average daily recharge within the Recharge and Recreation Area, reflecting the sum of the recharge rates of the Kern River Channel between Rocky Point Weir and the western boundary of ID4, the Recharge and Recreation Lakes, the CVC Extension and Carrier Canal shall be 170 cfs when the CVC Extension is not in use for purposes of this Agreement and 185 cfs when the CVC Extension is in use for purposes of this Agreement. CITY and ID4 will make such adjustments as are necessary to Recharge and Recreation Area recreational flow schedules to reflect actual recharge conditions. d. Diversion Points. Major river weirs located within the Recharge and Recreation Area to be used as diversion points for recharge under this Agreement will be Rocky Point Weir, Calloway River Weir, River Canal Weir and Bellevue Weir. Water deliveries into the Recharge and Recreation Area can currently be accomplished through operation of Rocky Point Weir on Kern River, Calloway culvert fi.om Carrier Canal, Truxtun Lakes, Pioneer Canal extension (Pioneer Turnout), Cross Valley Canal River Turnouts #2, #3 and #4 and the Friant-Kern Canal. Canals that divert water fi.om the Kern River Channel within the Recharge and Recreation Area include Carrier Canal, Calloway Canal, Calloway culvert to Carrier Canal, Kern River Canal, Rosedale Channel, Pioneer Canal and Berrenda Mesa Turnout. 3. RECREATION SEASON. For purposes of this Agreement, recreation season shall be defined as the period commencing May 1st and extending through September 30th of each year. Peak recreational periods shall include Memorial Day, Independence Day and Labor Day. Unless and except as otherwise mutually agreed to by both CITY and ID4, Recharge and Recreation Area recharge operations during peak recreational periods will consist of, at a minimum, five (5) consecutive days of recreational flow to coincide with each of the three major holidays (example: continuous Recharge and Recreation Area recharge operations during the period of July 2nd through July 6th to coincide with Independence Day). 4. ID4 WATER USE PRIORITY. It is recognized by the parties hereto, that nothing in this Kern River Recharge and Recreation Water Management Agreement shall otherwise diminish I or impede the ability of ID4 to provide annual deliveries of,_w_at_e[ t_o_t_h_e _H_e_nry_ _C_ _G_a(n_ _et_t_W_ a_t_er_ .... ~ ~ f Deleted: surface Purification Plant, including all conveyance losses, in accordance with Exhibit D of the revised Treated Water Agreements and the ID4 Resolution of Formation. 5. WATER SUPPLY. a. ID4. ID4 will provide the following water supply for the Recharge and Recreation Area, which is more fully delineated on Ex hibit "A", attached hereto and incorporated herein by reference: (1) Peak Recreation Periods. In years when the allocation of entitlement to ID4 on the SWP is fifty percent (50%) or greater, ID4 shall provide finn delivery of 7,500 acre~feet of its water supply after fuffillment of its water delivery obligation to the Henry C. Garnett Water Purification Plant as determined by ID4 on an annual basis, for recharge during peak recreational periods on the Kern River. The delivery schedule for these flows will be as mutually agreed upon by 1D4 and CITY. (2) Recreation Season Mutual Commitment. In years when the allocation of entitlement to ID4 on the SWP is seventy percent (70%) or greater, ID4 shall commit 5,000 acre-feet of its supply for recharge during the recreation season. The delivery of these recreation season flows will be coordinated with CITY to provide for maximum visibility and recreational activity within the Recharge and Recreation Area. (3) Optimum Recharge Goal. In addition to the above firm recharge commitments, it shall be the goal of ID4 to provide a minimum of fifty percent (50%) of the remaining ID4 supply for the year for recharge during the recreation season, excluding current water exchange obligations set forth in previous agreements, which water exchange obligations are more fully delineated on Exhibit "B", attached hereto and incorporated herein by reference. b. CITY. CITY will provide the following water supply for the Recharge and Recreation Area, which is more fully delineated on Exhibit "A", as follows: (1) Recreation Season Mutual Commitment. In years when Kern River April through July snowmelt runoffequals or exceeds seventy percent (70%) of the long-term average, CITY shall provide the following: (a)A minimum of 6,000 acre-feet for recharge in the Kern River Channel during the recreation season. (b) A minimum of 5,000 acre-feet for recharge in the Carrier Canal during the recreation season. (2) Optimum Recharge Goal. In addition to the above firm recharge commitments, it shall be the goal of CITY to maintain and preserve Kern River recharge quantities within the Recharge and Recreation Area resulting from CITY's utilization of the Kern River Channel and Carrier Canal during the recreation season after meeting Basic Contract obligations. Should any future structural modification of Carrier Canal impede or reduce CITY's ability to meet the recharge requirement specified in Paragraph 1 (b) above, any such balance of Carrier Canal recharge not met will be added to CITY's Kern River Channel recharge commitment. · ...................................................... - ~ Deleted: ¶ c. FLOW RESTORATION PROGRAM. In addition to the above mutually (3). Power ~lows. CITY shall coordinate and/or cost share with I1)4 in committed recharge supplies, 1D4 and CITY will provide a water supply for the Recharge and power-~ow purchases to re-regulate Recreation Area, as follows: water inlo Isabella slorage that would otherwise be delivered outside the Peak Recharge and Recxealion Period,¶ ~ ................................................ : Deleted: (1). ID4:1I)4 shall provide City: Cit'g shall, at its sole ol~tion and discretion, provide funds for -x- ' -- power costs to recover up to an equivalent 36,000 acre-feet of , funds tbr operation, maintenance and any x conveyance costs tbr up to 36,000 acre- groundwater annually for Recharge and Recreation pursuant to the following schedule& (a) j_n_y_e_ar_s_w_h_e_n_K_e_r_n_R_i_ve_r_A_l~r_il_t_hr_o_ug)july_gppF~y~tj~(f- ,xx, Deleted: 2 is less than~fty percent ~0%) of the long-term average, ,,,, .; Delet~l:. CITY shall prowde funds for power costs to recover 30,000 t '. t Deleted: In years when Kern River acre-feet during the recreation season. $ April through July snowmelt runoff * equals or exceeds zero percent (0 A) of t~ _ _ _ l_n_y_e_ar_s_w_ h~e_n_K_ e_rp_R_i_v e_r_A_ l?_i l_t_h[~ug ) J_uly_s_n_o_w[n_e_lt_m_ _n o_ff_ _ '"~' providethe long-term average,funds tbr powerCITYcostsShallto recover equals or exceeds fifty percent (50%) of the long-term ',, ~iI, 30.000acre-feet during the recreation average, CITY shall provide funds for power costs to recover 20,000 acre-feet during the recreation season. ~xx ~1Deleted: equals or exceeds twenty-five (,fO.__ _l_n_Y___e_ar_s_w_h_e_n_K_ e_ _m_R_i_ve_r_A_l~r_il_'t_hr_°_ug_h J_u_ly_s_ngw_[n_elLr_un_°_ff__, ,, Deleted: 2 equals or exceeds seventy-five percent (75%) of the long-term ,, Deleted: c average, CITY shall provide funds for power costs to recover Delet~l: d 5,000 acre-feet during the recreation season. ~ In years when Kern River April through July snowmelt runoff ., -{ D,aeted: e ] equals or exceeds one hundred percent (100%) of the long- term average, CITY shall provide funds for power costs to recover 0 acre-feet during the recreation season. (2) ID4: If CITY provides funding for the Flow Restoration Program, ID4 shall provide funds for operation, maintenance and any conveyance costs for up to 36,000 acre-feet annually for Recharge and Recreation. (3) Source of Water. ID4 shall determine the source ofj~._w_at_e_r ......... ~ f Deleted: the } provided annually for the Flow Restoration Program. (4) Scheduling. By December 31 of each year, CITy shall notify ID4 of the amount of funds available for the Flow Restoration Program. Ten days following the May allocation by the Department of Water Resources, ID4 shall notify CITY the total amount of acre-feet. available and price for the Flow Restoration Program. d. Banking Operations. CITY and ID4 will jointly administer water banking operations within the Recharge and Recreation Area in accordance with the Pioneer Project Joint Operating Agreement dated December 31,1996. e. Friant-Kern Floodwater. The priority for Friant-Kern floodwater entering the Kern River Channel below the terminus of the Friant-Kern Canal shall be in accordance with the Pioneer Project Joint Operating Agreement and the parties hereto further agree to dedicate such recharge of Friant-Kern floodwater occurring within the Recharge and Recreation Area between the point of Friant-Kern Canal discharge to the Kern River Channel and the western boundary of the Recharge and Recreation Area to the overall benefit of the current and future water users within CITY and ID4. 6. WATER PLANNING. On or about March I st of each year throughout the term of this Agreement, CITY and ID4 will exchange preliminary delivery schedules using best forecasts of their available water supply. CITY and ID4 will coordinate said water delivery schedules to reflect the terms of this Agreement. A final delivery schedule for Recharge and Recreation Area recharge operations will be submitted by May Ist of each year tbr approval by the CITY Water Board and the Kern County Water Agency Bom:d of Directors. 7. RECHARGE AND RECREATION AREA OPERATIONS. a. Rocky Point Weir to Calloway River Weir. For purposes of this Agreement, whenever the sum of the flow diverted at the head of the Carrier Canal and the flow passing downstream of Rocky Point Weir equals or exceeds 750 cfs (normally between May and August), CITY will assume recharge losses occurring in the reach of Kern River Channel extending to the Cailoway River Weir under its Miller-Haggin obligation, notwithstanding that. ID4 Calloway Canal operations or other Kern River or canal uses below the Calloway River Weir may be subject to a proportionate share of such recharge losses as measured and determined by CITY. It is the intent of the parties hereto to establish and maintain a continuous year-round stream channel on Kern River fi.om Rocky Point Weir to the Calloway River Weir to the extent that water supplies are available for such uses. b. Callowa¥ River Weir to River Canal Weir. For purposes of this Agreement, whenever the sum of the flow of Carrier Canal below the Farmers-Stine-Anderson Weir and the flow passing downstream of the Calloway River Weir equals or exceeds 750 cfs (normally between mid-June and mid-August), CITY shall assume recharge losses occurring in the reach of Kern River Channel extending to the River Canal Weir under its Miller-Haggin obligation, notwithstanding that ID4 Kern River or canal uses below the River Canal Weir may be subject to a proportionate share of such recharge losses as measured and determined by CITY. c. River Canal Weir to Bellevue Weir. For purposes of this Agreement, whenever the sum of the Kern River flow in the Kern River Canal at Stockdale Highway and the Kern River flow passing downstream of the River Canal Weir equals or exceeds 900 cfs, CITY shall assume recharge losses occurring in the reach of Kern River Channel extending to the Bellevue Weir under its Miller-Haggin obligation, notwithstanding that 1D4 Kern River or canal uses below the Bellevue Weir may be subject to a proportionate share of such recharge losses as measured and determined by CITY. In the event that CITY water commingles with ID4 water as a result of CITY water deliveries occurring between River Canal Weir and Bellevue Weir, CITY will assume five (5) cfs of recharge losses or the actual recharge loss if less than 5 cfs, for each such day . that CITY deliveries are made. d. Bellevue Weir to ID4 western boundary. For purposes of this Agreement, whenever Second Point Group demand for Kern River water at Second Point of Measurement equals or exceeds 750 cfs (above normal years), CITY shall assume recharge losses occurring in the reach of Kern River Channel extending to the ID4 western boundary under its M i ller-Haggin obligation. e. Truxtun Lakes. CITY and 1D4 shall jointly coordinate and schedule deliveries of their respective available Recharge and Recreation Area supplies to ensure the daily year-round operation of the Truxtun Lakes recharge area. In general, the priorities for water deliveries to the Truxtun Lakes recharge area are as follows: 1. CITY Kern River water that would otherwise be used for basin overdraft correction. 2. Basic Supply not required to fulfill Henry C. Gamett Water Purification Plant demand and associated diversion losses. 3. ID4 Kern River water acquired through exchange for the purpose of groundwater replenishment operations of district. 4. ID4 Friant-Kern water acquired through exchange for the purpose of groundwater replenishment operations of district. 5. ID4 SWP water to be used for the purpose of groundwater replenishment operations of district. 6. ID4 SWP water owed to CITY under Truxtun Lake Agreement. f. The Lakes at the Park at River Walk: 8. RECREATIONAL-FLOW PRIORITY. Whenever Recharge and Recreation Area water supplies are limited (less than 50% allocation of ID4 entitlement on the SWP), the priority for points of delivery within the Recharge and Recreation Area are as follows: 1. Recharge and Recreation ~L_ak_e_s~ .......................... .~ ~ - '{ Deleted: Truxtun 7 2. Kern River Channel between Rocky Point Weir and Calloway River "'[ Deleted: r~h~ge a~ea Weir. 3. Kern River Channel between Calloway River Weir and River Canal Weir. 4. Kern River Channel between River'Canal Weir and Bellevue Weir. 5. Kern River Channel between Bellevue Weir and ID4 western boundary. 9. TRUXTUN LAKE EXCHANGE DELIVERIES. CITY and ID4 agree that this .~ Agreement neither replaces nor amends Truxtun Lake Agreement but merely supplements the same. Furthermore, in order to clarify the terms and conditions under which delivery of ID4 water owed CITY is to occur, the parties agree to the tbllowing: a. In years when ID4 is allocated less than fifty percent (50%) of its SWP entitlement, CITY shall have first call on up to fifty percent (50%) on any ID4 water not required for Henry C. Garnett Water Purification Plant use, including conveyance losses, for operation of the Truxtun Lakes recharge area during the recreation season. b. In years when ID4 is allocated fifty percent (50%) or greater of its SWP entitlement, CITY may take delivery of ID4 water owed CITY under mutually agreeable times and rates of flow in the event that water supplies developed under terms of this Agreement are not adequate to maintain continuous operation of the Truxtun Lakes recharge area. c. Any such deliveries under the above provisions shall be separate from ID4 Recharge and Recreation water supplies set forth in Paragraph 5 of this Agreement and shall be deducted fi.om any balance of water owed to CITY by ID4 and arising fi.om operation of Truxtun Lake Agreement. d. It is understood by the parties hereto that all water owed to CITY under the Truxtun Lake Agreement shall only be delivered to the Truxtun Lakes recharge area or other mutually agreeable recharge facility located within ID4. 10. WATER QUALITY. In order to preserve the historical high quality groundwater aquifer underlying the Recharge and Recreation Area, CITY and 1D4 agree that, whenever possible, recharge within the Recharge and Recreation Area will consist of Kern River water and other high quality waters in order to enhance and maintain the highest water quality underlying the Kern River Channel. 11. MUTUAL COMMITMENT. In consideration of CITY and ID4's mutual commitment to the Recharge and Recreation water management program, and to meet the goal of providing the highest quality Kern River water for use within the CITY and ID4, 1D4 and CITY agree to the following: a. ID4 Exchanges. If and when, during the term of this Agreement, ID4 negotiates new contracts with third parties for exchange of ID4 SWP water supply, ID4's recharge commitment to the Recharge and Recreation Area as set forth herein shall be incorporated as a provision of the new contract. ' b. Right of Substitution Outside CITY and ID4 Boundaries. ID4 shall have a first priority position to substitute its water supplies for CITY Kern River water being delivered to areas outside CITY and ID4 boundaries, for use within ID4. (1) Said substitution right shall not alter or amend existing Exchange Agreements between ID4 and Kern-Tulare Water District and ID4 and Rag Gulch Water District. (2) ID4 shall be responsible to make such arrangements as are necessary with any third party, such as a Basic Contractor of CITY, for the substitution of its water supplies for CITY Kern River water. (3) The right of substitution shall not be used by ID4 for the purpose of . selling, exchanging or transferring CITY Kern River water to others in competition with CITY. (4) ID4 shall realize any and all cost savings generated through the right of substitution. (5) Other than as specified in this Agreement, CITY Basic Contract water which may be utilized by 1D4 under this substitution provision shall be delivered by CITY during the March through August period in conformance with delivery schedules as outlined in Exhibit "B" of the Basic Contracts. Any ID4 request for deviation from Said delivery schedules will require prior written approval of CITY. (6) If and when, during the term of this Agreement, CITY negotiates new contracts with third parties for sale of CITY Kern River water to areas outside CITY and ID4 boundaries, ID4 right of substitution as set forth herein shall be incorporated as a provision of the new contract. (7i Upon completion of CITY.Basic Contract obligations, CITY shall determine water needs and demands within the incorporated boundary of CITY. Such determined needs shall be given top priority to available quantities of CITY Kern River water. After satisfying the water needs and demands of CITY and any extension of Basic Contract deliveries to which CITY may be obligated, CITY shall notify ID4 of any CITY Kern River water which may become available for use by ID4 within its boundaries. c. Right of Substitution Inside CITY and ID4 Boundaries. ID4 shall have a first priority position to substitute its water supplies for CITY Kern River water being delivered to recharge areas inside CITY and ID4 boundaries, for use within ID4. (1) Said substitution right shall not alter or amend existing Exchange Agreements between ID4 and Kem-Tulare Water District and ID4 and Rag Gulch Water District. (2) ID4 shall be responsible to make such arrangements as are necessary with any third party, such as a Basic Contractor of C1TY, for the substitution of its water supplies tbr CITY Kern River water. (3) The right of substitution shall not be used by ID4 for the purpose of selling, exchanging or transferring CITY Kern River water to others in competition with CITY. (4) Any and all cost savings generated through the right of substitution within CITY and ID4 boundaries shall be dedicated to the'Recharge and Recreation program. (5) Other than as specified in this Agreement, CITY Basic Contract water which may be utilized by ID4 under this substitution provision shall be delivered by CITY during the March through August period in conformance with delivery schedules as outlined in Exhibit "B" of the Basic Contracts. Any ID4 request for deviation from said delivery schedules will require prior written approval of CITY. (7) Upon completion of CITY Basic Contract obligations, CITY shall determine water needs and demands within the incorporated boundary of CITY. Such determined needs shall be given top priority 10 to available quantities of CITY Kem River water. After satisfying the water needs and demands of CITY and any extension of Basic Contract deliveries to which CITY may be obligated, CITY shall notify ID4 of any, C1TY Kern River water which may become available for use by ID4 within its boundaries. ~ Surface and Groundwater Sales ID4 shall have the first ri ht of refusal to . ' f Oelete~d: any CITY sales of surface and groundwater for delivery outside ~.he.CITY boundaries. During the term of this Agreement, ID4's first right.0f..refusal shall be incorporated into any sale contract negotiated by the CITY for a water sale to area~q outside the CITY boundaries. Basic Supply Delivery Schedule For purposes of this A reement, CITY and .- - -{ Deleted: ID4 agree to use the following monthly delivery schedules of Basic Supply for delivery to ID4 during the term of this Agreement (quantities in acre-feet): (1) Kem-Tulare Water District: Month Normal DeliverX Maximum Delivery March 1,740 2,040 April 2,175 2,565 May 3,045 3,610 June 3,475 4,130 July 3,475 4,130 August 3,475 4,130 September 2,615 3,095 Total 20,000 23,700 (2) Rag Gulch Water District: Month Normal Delivery Maximum Delivery March 260 310 April 325 385 May 455 540 June 525 620 July 525 620 August 525 620 September 385 455 Total 3,000 3,550 (3) CITY Will assume any Isabella Reservoir evaporation loss that may result from extension of the Basic Supply delivery schedule as set forth above. · Isabella Reservoir Stora e Throu hout the :g2 .............. ~._ .................... ~ ._. ....~_~. term of this A reement, ID4 will ~ ~ -{ oeleted: be permitted to store Kern River water acquired by exchan~ ~v~t-h-~e-r~ ]~,~r-ihterests other than 11 CITY for the purpose of regulation of ID4's water supplies in CITY Isabella Reservoir storage space whenever and to the extent that CITY determines that storage space is available for use by ID4, and CITY and 1D4 agree to the following: (1) ID4 water stored in CITY storage space hereunder shall bear its own evaporation loss as proportioned among the Isabella Reservoir storage entities by the Kern River Watermaster on a daily basis. (2) 1D4 water held in CITY storage space shall be the first water released fi.om CITY storage space in the event CITY should be ordered by the U.S. Army Corps of Engineers to evacuate water stored in CITY storage space due to flood control or any other purpose. (3) For any year during which ID4 makes use of CITY storage space, ID4 shall pay to CITY an annual storage charge to be calculated by the Kern River Watermaster in accordance with Paragraph 9 of the Kern River Water Rights and Storage Agreement, dated December 31, 1962. (4) ID4 water stored in CITY storage space, if any, between December I st and January 31st (winter carryover period) shall be limited to a maximum amount of 5,000 acre-feet. (5) Water stored by ID4 in City storage space shall 0nlv be used for the purpose of groundwater replenishment and direct irrigation demands of ID4. gt .... C_ _lf~_ _ _Fa_c_il_it_ie_s_ _ _l~3_4_w_i_ll_b_e_p_e_rr~_ itt_e_d_t _o _ta_k_e _d_eli_ve_ry_of _al._l _or p_or_ti_o_ns 9_f _ _ ~ ~- -( O~qeted: e its acquired Kern River water, including Basic Supply, through any CITY facility during periods when CITY determines that sufficient CITY capacity is available and CITY and ID4 agree to the time, place, duration and cost of such deliveries. For purposes of this Agreement, Carrier Canal shall include 3.3 miles of upper canal reach, extending fi.om the Carrier Canal headgate at Rocky Point Weir downstream to the Farmers-Stine-Anderson Weir and 5.2 miles of lower canal reach extending fi.om the Farmers-Stine-Anderson Weir downstream to the terminus of the Carrier Canal at the present location of the Arvin-Edison Turnout Facility. h. Additional SWP Table A Supplies. ID4 shall use its best efforts to obtain additional SWP water, outside its allocation of SWP Table A water, for recharge dedicated to the ,R_e_c_h_arg_e _a_nd_ _R_ec_r_e _at_io_n_ P_e_ri _o51, _aft_ e_r._m_ e_e_ti_ng_i_tzs_e_xis_ti_ng p_bl_ig a_ti_o_n_s _as_ d_e_Qn_e_d_in_ _P_ar_ag r a~p_h_4: ...... t Deleted: Peak 12. WELLS ON CASTLE & COOKE PROPERTY. "lD4.shall locate three wells for use by ID4 on the Castle & Cooke Property, provided that the cost thereof shall be paid by ID4 and the location of the wells shall be chosen by ID4 with the approval of the CITY, such approval not to be unreasonably withheld. CITY shall be responsible for the cost of any aesthetic features employed beyond those customarily incorporated in the urban area in similarly designed parks and recreation areas. 12 13. COORDINATION AND RECORD KEEPING. a. The CITY is responsible tbr the day-to-day operation of the Ken~ River Channel, the Recharge and Recreation ~_ _ak_e§_r_ec_h_argze_ar_ e_a- a_nfl_C_ a_rEi_er- _C _a n_ a_l ._ _1174_ _w_il_l ...... _. -( I~e. leto-4: Truxttm J designate a contact persop to coordinate ID4 activities with the CITY. b. The CITY will provide daily record keeping for all points of diversion to and from the Kern River Channel and CITY-owned canals. The ID4 contact person will provide such assistance and information as is necessary for CITY to meet its obligations hereunder. 14. NO CHANGE TO KERN RIVER RIGHTS. The Kern River Recharge and Recreation Water Management Agreement shall not change or af/bct rights to use Kern River water. Should any court of competent jurisdiction determine any use of Kern River water rights is affected by this Agreement, the parties shall meet and negotiate whatever modifications are necessary to re-establish those rights which have been affected or void any part, or all, of this Agreement necessary to re-establish said rights. The parties shall negotiate in good faith to maintain Kern River water rights whenever a modification or voiding of the terms of this Agreement becomes necessary. 15. BANKING COVENANT. Except as otherwise specified in this Agreement, the parties hereby covenant and agree that neither ID4 nor CITY shall bank their respective supplies within the Recharge and Recreation Area. 16. JOINT INDEMNITY LIMITATION ON LIABILITIES AND INDEMNIFICATION. a. No party shall be liable to any other party for any loss, damage, liability, claim or cause of action for damage to or destruction of property or for injury to or death of persons arising solely y from any act or omission of the other party's officers, agents or employees. b. CITY and ID4 agree to indemnify and hold each other harmless from any and all claims, demands, liabilities, losses or causes of action which arise by virtue of its own acts or omissions (either directly or through or by its agents, officers, or employees) to such extent and in such part as the respective parties are found by reason of law to have proximately caused the injury or damage. c. The party against whom any claim arising from any subject matter of this Agreement is filed shall give prompt notice of the filing of the claim to the other party.. 17. 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. 13 18. NOTICES. All notices relative to this Agreement shall be given in writing and shall be personally delivered or sent by certified or registered mail, in which latter case service will be effective upon depositing in the United States mail. The parties shall be addressed as follows, or at any other address designated by notice given in the manner herein provided: CITY: CITY OF BAKERSFIELD WATER RESOURCES DEPARTMENT 1000 Buena Vista Road Bakersfield, CALIFORNIA 93311 AGENCY: KERN COUNTY WATER AGENCY IMPROVEMENT DISTRICT No.4 P.O. Box 58 Bakersfield, CALIFORNIA 93302-0058 19. FORUM. Any lawsuit pertaining to any matter arising under, or growing out of, this Agreement shall be instituted in Kern County, California. 20. ASSIGNMENT. This Agreement shall not be assigned by any party, or any party substituted, without prior written consent of all the parties. 21. BINDING EFFECT. The rights and obligations of this Agreement shall inure to the benefit of, and be binding upon, the parties to the agreement and their heirs, administrators, executors, personal representatives, successors and assigns. 22. CORPORATE AUTHORITY. Each party executing this Agreement represents and warrants that he/she is duly authorized to execute and deliver this Agreement on behalf of the organization named herein and that this Agreement is binding upon said organization in accordance with its terms. 23. WAIVER OF DEFAULT. The failure of any party to enforce against another a provision of this Agreement shall not constitute a waiver of that party's right to enforce such a prgvision at a later time, and shall not serve to vary the terms of this Agreement. 24. MERGER AND MODIFICATION. All prior agreements between the parties are incorporated in this Agreement which constitutes the entire agreement. Its terms are intended by the parties as a final expression of their agreement with respect to such terms as are included herein and may not be contradicted by evidence of any prior agreement or contemporaneous oral agreement. The parties further intend this Agreement constitutes the complete and exclusive statement of its terms and no extrinsic evidence whatsoever may be introduced in any judicial or arbitration proceeding involving this Agreement. This Agreement ma.y be modified only in a writing approved by the City Council, the Kern County Water Agency Board of Directors, and signed by all the parties. 25. NEGATION OF PARTNERSHIP. No party shall become or be deemed a partner or joint venturer with any other party or associate in any such relationship with any other party by 14 reason of the provisions of this Agreement. ID4 shall not for any purpose be considered an agent, officer or employee of CITY and CITY shall not for any purpose be considered an agent, officer or employee of ID4. 26. ACCOUNTING RECORDS. All parties shall maintain accurate accounting records and other written docume, ntation pertaining to all costs incurred in performance of this Agreement. Such records and documentation shall be kept at each party's office during the term of this Agreement. Said records shall be made available to CITY or ID4 representatives upon request at any time during regular business hours. 27. EXHIBITS. In the event of a conflict between the terms, conditions or specifications set forth in this Agreement and those in exhibits attached hereto, the terms, conditions, or specifications set forth in this Agreement shall prevail. All exhibits to which reference is made in this Agreement are deemed incorporated in this Agreement, whether or not actually attached. ~ ~ -[ Formatted: Font: (Default) Times for action to be based upon opinion, judgment, appro~,~l~ }e-v~e-~ ~); 3~t~rr~ih~t]on-r;(e~-h~r ~r~_~7 .... - -{ Formatted: Underline hereto, such terms are not intended to be and shall never be construed as permitting such opinion, iudlKrnent, approval, review or determination to be arbitrary, capricious or unregsonable.,_ _ _ ~ ~ -[ Formatted: Font: (Default) Times ....... { New Roman, 12 pt 15 Water Board Meeting January 18, 2006 7. OLD BUSINESS continued B. Domestic Water Availability Fees per Municipal Code 14.04.120- For Board Review and Action ORDINANCE NO. AN ORDINANCE AMENDING SECTION 14.04.120 OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO WATER RATES AND CHARGES. BE IT ORDAINED by the Council of the City of Bakersfield as follows: SECTION 1. Section 14.04.120 is hereby amended to read as follows: 14.04.120 Rates and charges. A. Effective Ratec. ~o~th~..v rates a~d char~es. The c~tv ~ter board., co~ec~o~ a~d a "qua~y u~ ch~r~e" base~ o~ ~he ~ua~y o~ weber used. A complete schedule of all ~ rates~ char~es a~d ~ees authorized to be charged for water se~ice shall be kept in the city's local offices where they will be available for public inspection. B. Availability Rates and Charges. The city water board, with concurrence of the city council, shall establish availability ~ fees and charges for water sewice facilities for deve~o~en~ o~ all areas ~erve~ b~ ~he c~ wa~er sw~e~ except those described in Exhibit C-1 of the City Agreement No. 76-36, which fees and charges are hereby declared to be necessa~ to compensate the city for the expense incurred in furnishing source, storage, and water distribution facilities, and related capital project expenses, including but not limited to costs of acquisition and financing and necessa~ costs of operation, maintenance, replacement, improvement and extension of the water system. annua00~ b~ the Construction Cos~ ~nde~ de~ned ~n ~ske~s~e~d ~un~c~a~" Cod~ Seci~on 15.84.030D. A~so~ ~he fee schedule C. All applicants for~,~,o*o-a-~,~ ~, .... ~,"'~.,~, ~,~' sewice where availability fees are to be paid, shall pay the required fee, or sign a contract guaranteeing payment, prior to city issuance of a written commitment to se~ice water to any area. No final map allowing construction shall be given approval prior to payment of proper fees for water sewice. SECTION 2. This Ordinance shall be posted in accordance with the provisions of the Bakersfield Municipal Code and shall become effective thi~y (30) days from and after the date of its passage. ..... ooOoo ..... -- Page 1 of 2 Pages -- I HEREBY CERTIFY that the foregoing Ordinance 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 MAGGARD, CARSON, BENHAM, COUCH, HANSON, SULLIVAN, SALVAGGIO NOES: COUNCILMEMBER ABSTAIN: COUNCILMEMBER ABSENT: COUNCILMEMBER CITY CLERK and EX OFFICIO of the Council of the City of Bakersfield APPROVED: By: HARVEY L. HALL, Mayor CITY OF BAKERSFIELD APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney By:. ROBERT M. SHERFY Deputy City Attorney RMS:dll S:\COUNCIL\Ords\05-06 Ords\14.04.120WaterRatesChargesAmd. Rdln.doc -- Page 2 of 2 Pages -- AVAILABILITY FEES COST PER ACRE FOR NEW FACILITIES WELLS - 4 PER SECTION 2 @ $1,000,000 $2,000,000 2 @ $750,000 1,500,000 TRANSMISSION LINES/OTHER FACILITIES - PER sEcTION 920,000 TOTAL $4,420,000 % OF COST RELATED TO NEW DEVELOPMENT 0.75 $3,315,000 ACRES PER SECTION 640 $5,180 COST PER ACRE / ROUNDED $5,200 CONNECTION FEE COMPARISON PURVEYORS within URBAN BAKERSFIELD AREA Per Acre Per Lot Meter Size Factor CITY OF BAKERSFIELD - Domestic water system Availibility Fee/Connection Fee $5,200.00 $1,486.00 All Sizes CALIFORNIA WATER SERVICE COMPANY Availibility Fee/Connection Fee $4,725.00 $1,350.00 1-inch 4,320.00 2-inch 3.2 13,500.00 4-inch 10 27,000.00 6-inch 20 43,200.00 8-inch 32 EAST NILES COMMUNITY SERVICE DISTRICT Availibility Fee/Connection Fee $8,050.00 $2,300.00 5/8-inch 13,300.00 3,800.00 1 -inch 7,650.00 1.5-inch 12,250.00 2-inch 3.2 24,500.00 3-inch 38,300.00 4-inch 10 76,650.00 6-inch 20 122,650.00 8-inch 245,300.00 12-inch VAUGHN WATER COMPANY Availibility Fee/Connection Fee $2,723.00 $778.00 5/8-inch 3,381.00 966.00 3/4-inch 6,660.50 1,903.00 1-inch 4,528.00 1.5-inch 6,403.00 2-inch 75,028.00 6-inch TURBO NORTH OF THE RIVER MUNICIPAL WATER DISTRICT Availibility Fee/Connection Fee Residential $2,136.00 $610.00 Commercial & Industrial 1,221.00 NOTE: Although lot sizes vary per development for fee comparison purposes three and a half (3.5) lots per acre have been utilized in this table. Water Board Meeting January 18, 2006 8. NEW BUSINESS A. Independent Contractor's Agreement with Trans-West Security Services to Provide Security Patrol Services for City Water Facilities - For Board Review and Action WATER BOARD AGREEMENT NO. AGREEMENT NO. INDEPENDENT CONTRACTOR'S AGREEMENT THIS AGREEMENT is made and entered into on ., by and between the CITY OF BAKERSFIELD, a municipal corporation, ("CITY" herein) and TRANS-WEST SECURITY ("CONTRACTOR" herein). RECITALS WHEREAS, CONTRACTOR represents CONTRACTOR is experienced, well qualified and a specialist in the field of security; and WHEREAS, the CITY does not have expertise currently on staff to conduct security. NOW, THEREFORE, incorporating the foregoing recitals herein, CITY and CONTRACTOR mutually agree as follows: 1. SCOPE OF WORK. The scope of work is described as: CONTRACTOR agrees to provide or cause to be provided, during the term of this Agreement, the following guard services: a. CONTRACTOR shall provide guard services in accordance with the CITY's instructions provided by the Manager of the Water Resources Department of the City of Bakersfield with respect to the post or area to be covered by each guard employed, the number of guards to be employed and the days of the week, hours per day and hours of the day of guard service. CITY's representatives shall be entitled to make inspections, as necessary to assure performance. CONTRACTOR shall supply, at his expense, a motor vehicle equipped with a two way radio capable of transmitting and receiving calls with City Water Resources personnel. Compensation for any and all use of this patrol vehicle shall be deemed as part of the hourly rate charged by the contractor to the City. b. CONTRACTOR shall make every reasonable effort to take the appropriate action to protect life and property and enforce state statutes and CITY ordinances, but shall not carry or use firearms. CITY shall supply to CONTRACTOR a copy of all CITY ordinances, rules and regulations CONTRACTOR is expected to enforce as well as suggestions as to the method of enforcement with respect to each CITY ordinance, rule or regulation. CONTRACTOR is expected to have knowledge of state statutes and will follow state law and use reasonable enforcement methods when enforcing state law. INDEPENDENT CONTRACTOR'S AGREEMENT S:~006 CONTRACTS\Securitylndependentcont.doc 9 January 13, 2006 -- Page 1 of 8 Pages -- The scope of work shall include all items and procedures necessary to properly complete the task CONTRACTOR has been hired to perform, whether specifically included in the scope of work or not. 2. COMPENSATION. Compensation for all work, services or products called for under this Agreement shall consist of a total of payments not to exceed Thirty-Two Thousand Dollars ($32,000.00) annually which shall be paid as follows: Services shall be provided at the rate of $21.80 per hour. CONTRACTOR will submit invoices on orbefore the fifth (5th) day of the month for all services rendered the previous month. CITY will make payments within thirty (30) days after receipt of said invoices. The compensation set forth in this section shall be the total compensation under this Agreement including, but not limited to, all out-of-pocket costs and taxes. CITY shall pay only the compensation listed unless otherwise agreed to in writing by the parties. 3. PAYMENT PROCEDURE. CONTRACTOR shall be paid for services rendered after receipt of an itemized invoice for the work completed and approved by CITY in accordance with the terms of this Agreement. Payment by CITY to CONTRACTOR shall be made within thirty (30) days after receipt and approval by CITY of CONTRACTOR's itemized invoice. 4. KEY PERSONNEL. CONTRACTOR shall name all key personnel to be assigned to the work set forth herein. All key personnel shall be properly licensed and have the experience to perform the work called for under this Agreement. CONTRACTOR shall provide background for each of the key personnel including, without limitation, resumes and work experience in the type of work called for herein. CITY reserves the right to approve key personnel. Once the key personnel are approved CONTRACTOR shall not change such personnel without the written approval of CITY. 5. STARTING WORK. CONTRACTOR shall not begin work until authorized to do so in writing by CITY. No work Will be authorized until the contract has been fully executed by CONTRACTOR and CITY. 6. INCLUDED DOCUMENTS. Any bid documents, including, without limitation, special provisions and standard specifications and any Request for Proposals, Request for Qualifications and responses thereto relating to this Agreement are incorporated by reference as though fully set forth. 7. NO WAIVER OF DEFAULT. The failure of any party to enforce against another party any provision of this Agreement shall not constitute a waiver of that party's right to enforce such a provision at a later time, and shall not serve to vary the terms of this Agreement. INDEPENDENT CONTRACTOR'S AGREEMENT S:~2006 CONTRACTS\Securitylndependentcont.doc ]~ January 13, 2006 -- Page 2 of 8 Pages -- 8. LICENSES. CONTRACTOR shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement any licenses, permits and approvals which are legally required for CONTRACTOR to practice its profession. If a corporation, at least one officer or key employee shall hold the required licenses or professional degrees. If a partnership, at least one partner shall hold the required licensees or professional degrees. 9. STANDARD OF PERFORMANCI~. All work shall be performed in conformity with all legal requirements and industry standards observed by a specialist of the profession in California. 10. MERGER AND MODIFICATION. This contract sets forth the entire Agreement between the parties and supersedes all other oral or written representations. This contract may be modified only in a writing approved by the City Council and signed by all the parties. 11. EXHIBITS. In the event of a conflict between the terms, conditions or specifications set forth in this Agreement and those in exhibits attached hereto, the terms, conditions, or specifications set forth in this Agreement shall prevail. All exhibits to which reference is made in this Agreement are deemed incorporated in this Agreement, whether or not actually attached. 12. TERMINATION. This Agreement may be terminated by any party upon ten (10) days written notice, served by mail or personal service, to all other parties. 13. COMPLIANCE WITH ALL LAWS. CONTRACTOR shall, at CONTRACTOR's sole cost, comply with all of the requirements of Municipal, State, and Federal authorities now in force, or which may hereafter be in force, pertaining to this Agreement, and shall faithfully observe in all activities relating to or growing out of this Agreement all Municipal ordinances and State and Federal statutes, rules or regulations, and permitting requirements now in force or which may hereafter be in force including, without limitation, obtaining a City of Bakersfield business tax certificate (Bakersfield Municipal Code Chapter 5.02) where required. 14. INDEPENDENT CONTRACTOR. This Agreement calls for the performance of the services of CONTRACTOR as an independent contractor. CONTRACTOR is not an agent or employee of the CITY for any purpose and is not entitled to any of the benefits provided by CITY to its employees. This Agreement shall not be construed as forming a partnership or any other association with CONTRACTOR other than that of an independent contractor. INDEPENDENT CONTRACTOR'S AGREEMENT S:',2006 CONTRACTS\Securitylndependentcont.doc 9 January 13, 2006 -- Page 3 of 8 Pages -- 15. DIRECTION. CONTRACTOR retains the right to control or direct the manner in which the services described herein are performed. 16. EQUIPMENT. CONTRACTOR will supply all equipment, tools, materials and supplies necessary to perform the services under this Agreement. 17. INSURANCE. In addition to any other insurance or bond required under this Agreement, the CONTRACTOR shall procure and maintain for the duration of this Agreement the following types and limits of insurance ("basic insurance requirements") herein: 17.1. Automobile liability insurance, providing coverage on an occurrence basis for bodily injury, including death, of one or more persons, property damage and personal injury, with limits of not less than One Million Dollars ($1,000,000) per occurrence; and the policy shall: 17.1.1. Provide coverage for owned, non-owned and hired autos. 17.2. Broad form commercial general liability insurance, unless otherwise approved by the CITY's Risk Manager, providing coverage on an occurrence basis for bodily injury, including death, of one or more persons, property damage and personal injury, with limits of not less than One Million Dollars ($1,000,000) per occurrence; and the policy shall.: 17.2.1. Provide contractual liability coverage for the terms of this Agreement. 17.2.2. Provide products and completed operations coverage. 17.2.3. Contain an additional insured endorsement in favor of the City, its mayor, council, officers, agents, employees and volunteers. 17.3. Workers' compensation insurance with statutory limits and employer's liability insurance with limits of not less than One Million Dollars ($1,000,000) per occurrence; and the policy shall contain a waiver of subrogation in favor of the City, its mayor, council, officers, agents, employees and volunteers. 17.4. All policies required of the CONTRACTOR shall be primary insurance as to the CITY, its mayor, council, officers, agents, employees, or designated volunteers and any insurance or self-insurance maintained by the CITY, its mayor, council, officers, agents, employees, and designated volunteers shall be excess of the CONTRACTOR's insurance and shall not contribute with it. INDEPENDENT CONTRACTOR'S AGREEMENT S:~2006 CONTRACTS\Securitylndependentcont.doc ]~ January 13, 2006 -- Page 4 of 8 Pages -- 17.5. Except for workers' compensation, insurance is to be placed with insurers with a Bests' rating as approved by CITY's Risk Manager, but in no event less than A:V. Any deductibles, self-insured retentions or insurance in lesser amounts, or lack of certain types of insurance otherwise required by this Agreement, or insurance rated below Bests' A:V, must be declared prior to execution of this Agreement and approved by the CITY in writing. 17.6. Unless otherwise approved by CITY's Risk Manager, all policies shall contain an endorsement providing the CITY with thirty (30) days written notice of cancellation or material change in policy language or terms. All policies shall provide that there shall be continuing liability thereon, notwithstanding any recovery on any policy. Copies of policies shall be delivered to CITY on demand. 17.7. The insurance required hereunder shall be maintained until all work required to be performed by this Agreement is satisfactorily completed as evidenced by written acceptance by the CITY. 17.8. The CONTRACTOR shall furnish the City Risk Manager with a certificate of insurance and required endorsements evidencing the insurance required. The CITY may withdraw its offer of contract or cancel this contract if certificates of insurance and endorsements required have not been provided prior to the execution of this Agreement. 17.9. Full compensation for all premiums which the CONTRACTOR is required to pay on all the insurance described herein shall be considered as included in the prices paid for the various items of work to be performed under the Agreement, and no additional allowance will be made therefor or for additional premiums which may be required by extensions of the policies of insurance. 17.10. It is further understood and agreed by the CONTRACTOR that its liability to the CITY shall not in any way be limited to or affected by the amount of insurance obtained and carried by the CONTRACTOR in connection with this Agreement. 17.11. Unless otherwise approved by the CITY, if any part of the work under this Agreement is subcontracted, the "basic insurance requirements" set forth above shall be provided by, or on behalf of, all subcontractors even if the CITY has approved lesser insurance requirements for CONTRACTOR. 17.12. CONTRACTOR shall provide, when required by CITY, performance, labor and material bonds in amounts and in a form suitable to CITY. CITY shall approve in writing all such security instruments prior to commencement of any work under this Agreement. 18. THIRD PARTY CLAIMS. In the case of public works contracts, CITY will timely notify CONTRACTOR of third party claims relating to this contract. CITY shall be allowed to recover from CONTRACTOR, and CONTRACTOR shall pay on demand, all costs of notification. INDEPENDENT CONTRACTOR'S AGREEMENT S:~2006 CONTRACTS\Securitylndependentcont.doc B January 13, 2006 , -- Page 5 of 8 Pages -- 19. INDEMNITY. CONTRACTOR shall indemnify, defend, and hold harmless CITY, its officers, agents and employees against any and all liability, claims, actions, causes of action or demands whatsoever against them, or any of them, before administrative or judicial tribunals of any kind whatsoever, arising out of, connected with, or caused by CONTRACTOR, CONTRACTOR's employees, agents, independent contractors, companies, or subcontractors in the performance of, or in any way arising from, the terms and provisions of this Agreement whether or not caused in part by a party indemnified hereunder, except for CITY's sole active negligence or willful misconduct. 20. EXECUTION. This Agreement is effective upon execution. Iris 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. 21. NOTICES. All notices relative to this Agreement shall be given in writing and shall be personally served or sent by certified or registered mail and be effective upon actual personal service or depositing in the United States mail. The parties shall be addressed as follows, or at any other address designated by notice: CITY: CITY OF BAKERSFIELD WATER RESOURCES DEPARTMENT 1000 BUENA VISTA ROAD BAKERSFIELD, CA 93311 (661) 326-3715 CONTRACTOR: TRANS-WEST SECURITY SERVICES 4444 Grissom Street Bakersfield, CA 93313 22. 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. 23. FURTHER ASSURANCES. Each party shall execute and deliver such papers, documents, and instruments, and perform such acts as are necessary or appropriate, to implement the terms of this Agreement and the intent of the parties to this Agreement. 24. ASSIGNMENT. Neither this Agreement, nor any interest in it may be assigned or transferred by any party without the prior written consent of all the parties. Any such assignment will be subject to such terms and conditions as CITY may choose to impose. INDEPENDENT CONTRACTOR'S AGREEMENT S:~2006 CONTRACTS\Securitylndependentcont.doc ]~ January 13, 2006 -- Page 6 of 8 Pages -- 25. BINDING EFFECT. The rights and obligations of this Agreement shall inure to the benefit of, and be binding upon, the parties to the contract and their heirs, administrators, executors, personal representatives, successors and assigns, and whenever the context so requires, the masculine gender includes the feminine and neuter, and the singular number includes the plural. This Agreement may be executed in any number of counterparts, each of which shall be considered as an original and be effective as such. 26. TITLE TO DOCUMENTS. All documents, plans, and drawings, maps, photographs, and other papers, or copies thereof prepared by CONTRACTOR pursuant to the terms of this Agreement, shall, upon preparation, become the property of the CITY. 27. ACCOUNTING RECORDS. CONTRACTOR shall maintain accurate accounting records and other written documentation pertaining to all costs incurred in performance of this Agreement. Such records and documentation shall be kept at CONTRACTOR's office during the term of this Agreement, and for a period of three years from the date of the final payment hereunder, and said records shall be made available to CITY representatives upon request at any time during regular business hours. 28. CORPORATE AUTHORITY. Each individual signing this Agreement on behalf of entities represent and warrant that they are, respectively, duly authorized to sign on behalf of the entities and to bind the entities fully to each and all of the obligations set forth in this Agreement. 29. TAX NUMBERS. CONTRACTOR's Federal Tax ID Number CONTRACTOR is a corporation? Yes No (Please check one.) 30. NON-INTEREST. No officer or employee of the CITY shall hold any interest in this Agreement (California Government Code section 1090). 31. RESOURCE ALLOCATION. All obligations of CITY under the terms of this Agreement are subject to the appropriation and allocation of resources by the City Council. INDEPENDENT CONTRACTOR'S AGREEMENT S:~2006 CONTRACTS\Securitylndependentcont.doc B January 13, 2006 -- Page 7 of 8 Pages -- IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed, the day and year first-above written. "CITY" "CONTRACTOR" CITY OF BAKERSFIELD TRANS-WEST SECURITY SERVICES By: By: HARVEY L. HALL Mayor Type or Print Name: Title: APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney By: JANICE SCANLAN Assistant City Attorney Insurance: APPROVED AS TO CONTENT: WATER RESOURCES DEPARTMENT By:, FLORN CORE Water Resources Manager COUNTERSIGNED: By: NELSON SMITH Finance Director Attachment: Exhibit A~ INDEPENDENT CONTRACTOR'S AGREEMENT S:~006 CONTRACTS\Securitylndependentcont.doc ]~ January 13, 2006 -- Page 8 of 8 Pages -- Water Board Meeting January 18, 2006 9. MISCELL. ANEOUS A. Proposed Water Board meeting calendar for 2006 - For Board Review and Action SCHEDULED MEETINGS BAKERSFIELD CITY COUNCIL .___ JANUARY 2006 THROUGH DECEMBER 2006 -Adopted November 9, 2005, F~eso~ution No. 254-05 [~"-]REGULAR MEETING BEGINS @ 5:15 PM-';O BUDGET MEETING & PRESENTATIONS CONTINUED AT 6:30 PM Monday's @ Noon, Wednesday's @ 5:15pm [~ PROPOSED Wa_ter-~ ~l~tings @ 2PM Hearing on 6/7, Adoption on 6/21 ~-"']~'olidays - City Hall Closed [--'"-] Joint City/County Meeting JANUARY FEBRUARY MARCH S M T W TH F S S M r w TH F S S M F W TH F S 1 2 3 4 1 2 3 4 1 2 3 4 5 6 7 5 6 7 8 9 10 11 5 6 7 8 9 10 11 8 9 10 11 12 13 14 12 13 14 15 16 17 18 12 13 14 15 16 17 18 15 16 17 18 19 20 21 19 20 21 22 23 24 25 19 20 21 22 23 24 25 22 23 24 25 26 27. 28 26 27 28 26 27 28 29 30 31 29, 30 31 APRIL MAY JUNE S M T W TH F S S M T W TH F S S M T W TH F S 1 1 2 3 4 5 6 1 2 3 2 3 4 5 6 7 8 7 8 9 10 11 12 13 41 51 6 71 8 9 10: 9 10 11 12 13 14 15 141 151 16 17 18 19 20 11 12 13 141 15 16 17 16 17 18 19 20 21 22 21 22 23 241 25 26 27 18 19 20 21 22 23 24 23 24 25 26 27 28 29 28 29 30 31 25 26 27 28 29 30 3O ; JULY AUGUST SEPTEMBER S M T W TH F S S M T W TH F S S M T W TH F S 1 1 2 3 4 5 I 2 2 3 4 5 6 7 8 6 7 8 9 10 11 12 3 4 5 6 7 8 9 9 10 11 12 13 14 15 13 14 15 16 17 18 19 10 11 12 13 14 15 16 16 17 18 19 20 21 22 20 21 22 23 24 25 26 17 18 19 20 21 22 23 23 24 25 26 271 28 29 27 28 29 30 31 24 25 26 27 28 29 30 30 31 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 3 4 1 2 1 2 3 4 5 6 7 5 6 7 8 9 10 11 3 4 5 6 7 8 9 8 9 10 11 12 13 14 12 13 14 15 16 17 18 10 11 12 13 14 15 16 15 16 17 18 19 20 21 19 20 21 22 23 24 25 17 18 19 20 21 22 23 22 23 24 25 26 27 28 26 27 28 29 30 24 25 26 27 28 29 30 29 30 31 31 Water Board Meeting January 18, 2006 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 ADMINISTRATIVE REPORT WATER BOARD MEETING DATE: January 18, 2006 I AGENDA SECTION: Closed Session ITEM: TO: David Couch, Chairman Harold Hanson, Councilmember Zack Scrivner, Councilmember ~~~/VED FROM: Virginia Gennaro, City Attorney DEPARTMENT HEAD DATE: January 13, 2006 CITY ATTORNEY ~.. SUBJECT: Conference with Legal Counsel - Existing Litigation Pursuant to subdivision (a) of Government Code section 54956.9: North Kern Water Storage District v. Kern Delta Water District- Tulare County Superior Court Case No. 96-172919 VG:AMS/Isc S:\WATE R\WaterBoard\ClSessAdmin.O 1-18-06doc. doc 1/13/2006