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Home My WebLink About05/18/05City of Bakersfield Water Board Meeting of May ~l 8, 2005 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, May 18, 2005 - 2:00 p.m. Water Resources Building Conference Room 1000 Buena Vista Road, Bakersfield, CA 93311 AGE'IDA 1. CALL MEETING TO ORDER 2. ROLL CALL 3. MINUTES A. Minutes of the March 16, 2005 meeting for approval - For Board Review and Action 4. PUBLIC STATEMENTS 5. KERN RIVER LEVEE DISTRICT A. Tree Planting Project along Bike Path between Coffee Road and Don Hart West Drive - For Board Information 6. REPORTS A. Kern River Operations Report - For Board Information B. 2005 Kern River Parkway Recreational Season Flow Program - For Board Information 7. OLD BUSINESS A. Domestic Water Mainline Extension Refund contract to-assignments - For Board Information B. Northwest Feeder Pipeline Project with Kern County Water Agency - For Board Review and Action WATER BOARD AGENDA PAGE 2 MAY 18, 2005 8. NEW BUSINESS A. Amendment No. 1 to Agreement No. 03-203 with California Water Service Company for construction and operation of Water Filtration Plant at Norris and Coffee Roads - For Board Review and Recommendation to City Council B. Temporary Service Agreement with ChevronTexaco Exploration and Production for use of Carrier Canal - For Board Review and Action C. Authorization for City Participation with Kern River Watermaster to Intervene in Southern California Edison Co.'s Borel Powerplant Relicensing - For Board Action D. City of Bakersfield Domestic Water Division Proposed 2005-06 Rate Schedule- For Board Review and Recommendation to City Council 9. MISCELLANEOUS 10. WATER BOARD STATEMENTS 11. CLOSED SESSION A. Conference with Legal Counsel- Potential Initiation of Litigation Closed Session pursuant to subdivision c. of Government Code section 54956.9 - One Case B. Conference with Legal Counsel - Existing Litigation Closed Session pursuant to Government Code section 54956.9 North Kern Water Storage District v. Kern Delta Water District - Tulare County Superior Court Case No. 96-172919 12. ADJOURNMENT Florn Core Water Resources Manager POSTED: May 13~ 2005 S:\WB MINUTES 2005\WBAGENDAMay1805.doc Water Board Meeting May 18, 2005 3. MINUTES A. Minutes of the March 16, 2005 meeting for approval - For Board Review and Action MINUTES OF THE REGULAR MEETING OFTHE WATER BOARD - CITY OF BAKERSFIELD Wednesday, March 16, 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 January 19, 2005 meeting for approval. Motion by Scrivner to approve the minutes. APPROVED 4. PUBLIC STATEMENTS None. 5. KERN RIVER LEVEE DISTRICT A. Tree Planting Project between Calloway Drive & Coffee Road. Mark Lambert, Water Resources Superintendent, gave a brief update. No action taken. 6. REPORTS A. Kern River Operations Report Steve Lafond, Hydrographic Supervisor gave a brief update. No action taken. B. Aquatic Safety Awareness Program Pamphlet. Holly Larson, Recreation Supervisor, gave a brief update regarding the Aquatic Safety Awareness Program. The program will include firefighters and professional lifeguards for their presentations at schools, special events and service groups to promote water safety awareness. Chairman Couch requested staff make a brief Aquatic Safety Awareness Program presentation to the City Council. 7. OLD BUSINESS A. Domestic Water Mainline Extension Refund contract re-assignments. Florn Core, Water Resources Manager, gave a brief update. No action taken. Bakersfield, California, March 16, 2005 - Page 2 7. OLD BUSINESS continued B. Northwest Feeder Pipeline Project with Kern County Water Agency. Florn Core, Water Resources Manager, gave a brief power-point presentation. Motion by Hanson to authorize the Water Resources Manager to send a letter of commitment to the Kern County Water Agency. 8. NEW BUSINESS A. City of Bakersfield Domestic Water Division Proposed 2005-06 Rate Schedule.. Florn Core, Water Resources Manager, gave a brief update and answered questions. No action taken. B. City of Bakersfield Agricultural Water Price and Sand Sale Schedule for 2005-06. Steve Lafond, Hydrographic Supervisor gave a brief update. Motion by Hanson to establish 2005-06 Agricultural water rates as set forth in the schedule. APPROVED 9. MISCELLANEOUS A. Change scheduled meeting times from 2:00 p.m. to 12:00 noon for the regular meetings of July and September, 2005. Motion by Couch to change meeting times from 2:00 p.m. to 12:00 noon for the regular meetings of July and September, 2005. APPROVED 10. WATER BOARD STATEMENTS None. 11. CLOSED SESSION Motion by Scrivner to recess to Closed Session at 2:32 p.m. 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 Motion by Couch to adjourn from Closed Session at 3:10 p.m. Chairperson Couch stated direction was given to Staff in Closed Session. 12. ADJOURNMENT Motion by Couch to adjourn the meeting at 3:11p. m. David Couch, Chairman Bobble Zaragoza, Secretary City of Bakersfield Water Board City of Bakersfield Water Board Water Board Meeting May 18, 2005 5. KERN RIVER LEVEE DISTRICT A. Tree Planting Project along Bike Path between Coffee Road and Don Hart West Drive - For Board Information B A I~ E R $ F I E L D WATER RESOURCES DEPARTMENT Florn Core · Water Resources Manager Rich O'Neil Kern River Parkway Foundation P.O. Box 624' Bakersfield, CA 93302-0624 Re: Bike Path Tree Planting Project Between Old Cooper's Nursery Site and Coffee Road Dear Rich: Your joint project with the Tree Foundation of Kern to plant trees along the bike path/levee between the old Cooper's Nursery site and Coffee Road is located within the easement of the Kern River Levee District of which the Water Board of the City of Bakersfield is the governing entity. City Water Resources Department staff have reviewed the proposed plantings and determined that it is consistent with the criteria outlined in the Reclamation Board guidelines for vegetation on flood control levees. If it is determined in the field that any portion of this landscaping jeopardizes the integrity of the levee and/or interferes with maintenance or flood fighting capabilities, such landscaping shall be removed. Sincerely, Florn Core Water Resources Manager By Mark Lambert Water Resources Superintendent. 1000 Buena Vista Road · Bakersfield · California 93311 (661) 326-3715 · Fax (661)852-2127 · E-Maih water@ci.bakersfield.ca.us Old Albertson Shopping Cooper's Nursery Center Water Board Meeting May 18, 2005 6. REPORTS A. Kern River Operations Report - For Board Information KERN RIVER NATURAL FLOW, REGULATED FLOW, & ISABELLA RESERVOIR STORAGE 2004 - 2005 WATER YEAR 5000 ~ , 600,000 2608.25 4750 .......... , .......................................... 550,000 4500 ................... .... ~ ....... ................................. " 2603.91 Ft.) 4250 ...... ' ............................. ' 500,O00 Natural Flow 4000 ................ ;.,~- .............. , *. 2599~38 Ft.),.,, 3750 ....... t ............ :_ ......... 7~.~_ ................ : ........... 450,000 · ....... '~ 1- ' 2594.62 Ft,)~, 350O '- .... , , ,,, .' 2004-2005 , 400,000"" Z32503000" ' "- ..... :' -'- ' ........ ti ' - "-IV~ ;' -- -'~...,~ ls-ab-ellaStor-ag'-, .... 2589'60Ft')1~, ~.t ~"- ' 350,000'~- 2750 ,'2584.27 Ft.) ~O 2500 300,000 ·~ :2578.53 Ft.)~,~,, 2000 - 1750 - 'i_ .. ' . 2572.24 Ft.) ' ' 200,000 m 1500 . 'LL ii_ iii~_'~.' ' Nomla, . :2565.18Ft.)~ 10001250--- .- ...... ,. - ..... :'~t~ - -/~- /--" ': .............. 1~6~i1~ Sto~-a~l~ ........... : .... 2556.94150'000Ft.) ~0~ 750 ~ y2546.63 Ft.) 50O 250 I 50,000 2531.65 Ft.) Oct-04 Nov-04 Dec-04 Jan-05 Feb-05 Mar-05 Apr-05 May-05 Jun-05 Jul-05 Aug-05 Sep-05 5-12-05 ISABELLA RESERVOIR DALLY OPERATIONS REPORT (All readings are for date of report (THURSDAY) las of OOOl, except as noted.., cfs in italics) Date of Report: May 12, 2005 ISABELLA RESERVOIR 1 2583.13 Lake Elevation (ft.) 339774 Storage (AcFt) + 4000 Change (AcFt) 2948 Inflow to Isabella (cfs) 2 568075 Storage Capacity 60% % of Capacity 235474 Normal Storage 144% % of Normal Storage For this Date 3 8891 Average Lake Area (Acres) 68638 Inflow (Month AcFt) 19914 Outflow (Month AcFt) 4 2127 North Fork Mean 2181 North Fork @ 0600 Hours 449092 Accumulative Inflow (2005 WaterYear) 5 859 Mean Outflow 571 Borel Canal 288 Main Dam Outlet 198071 Accum. Outflow (WY) 6 909 Outflow @ 0600 574 Borel Canal @ 0600 Hours 335 Main Dam Outlet @ 0600 Hours Hours 7 72 Lake Evap. (cfs) 0.28 Inches Evap. for 24 Hours 1111 Lake Evap. (Month AcFt to Date) 8 0 Spillway Discharge for 24 Hours 913 South Fork near Onyx @ 0600 Hours PRECIPITATION AND TEMPERATURE 9 0.00 Inches of Precipitation at Isabella for 24 Hours 0.68 Inches of Precipitation at Isabella for Month 15.56 Seasonal Precip. Isabella 9.42 Normal for 165% Isabella Precip. (Season: Oct 1 through Sep 30) this Date % of Normal 1 0.00 Inches of Precipitation at Pascoe for 24 Hours 3.10 Inches of Precipitation at Pascoe for Month 2 50.90 Seasonal Precip. Pascoe 33.58 Normal for 152% Pascoe Precip. this Date % of Normal 3 37.4 Upper Tyndall Creek 50.5 Pascoe 48.5 Wet Meadow 14 66 Isabella Maximum Temperature 0.48 Isabella Max. Precip. on Record For this Date 1998 Year of Occurrence 5 43 Isabella Minimum Temperature 90 24 Hour Wind Movement (Miles) NATURAL RIVER FLOW 16 2992 Natural Flow (cfs) 69882 Natural Flow (Month to Date) 202027 2005 Apr-Jul Runoff 17 2464 Mean Flow 121% Natural Flow 1886 Median Flow 159% Natural Flow For this Date in % of Mean For this Date in % of Median 18 10154 Max. on Record 357 Min. on Record 461270 Accum. Natural Flow (Water Year) 9 1969 Year of Occurrence 1977 Year of Occurrence 20 944 First Point Flow 21158 First Point (Month to Date) 210253 Accum. First Point (Water Year) ~ERN RIVER FACTS & FIGURES: ~ ' B A K E R S F I E L D On this dato in 1969, the Kom Rivor was flowing abovo 10,000 cubic foot pot socond for the first timo during May in tho rivor's storiod history. During May of 1969, maximum natural Producod by City of Bakorsfiold flow records were established for each day between the 9th and 22nd. May 1969 runoff on the Water Resources Kern was 617, 968 acre-feet, maximum on record and largest known 30-day cumulative flow. (661) 326-3715 KERN RIVER BASIN SNOWPACK ACCUMULATION EIGHT SENSOR INDEX May 1,2005 40.0 , , 1997-1998 , 242% A-J 35.0 , 1996-1997 122% A-J 30.0 '~- '"-. 25.0 o ',100% of April 1 Average ~ 20.0 , ', o 1 2004-2005 ' ' ~ , 1999-2000 ,,.. , 65% A-J 15.0 2001-2002 ,, , 46% A-J ~ ' lU.U - - 1998-1999 2003-2004 54% A-J ', 48% A-d 5.0 .... ' ............. 0.0 November December January February March April Snowpack Accumulation Season CITY OF BAKERSFIELD WA TER RESOURCES DEPARTMENT B120UP (05/12/05 1543) DEPARTMENT OF WATER RESOURCES California Cooperative Snow Surveys WATER SUPPLY FORECAST UPDATE 2005 April-July Unimpaired Runoff (1,000 Acre-feet) May 1 %Avg May 10 %Avg Shasta Lake, total inflow average = 1849 90% Exceedence 1490 81% 1890 102% 50% Exceedence 1710 92% 2100 114% 10% Exceedence 2010 109% 2380 129% Feather River at Oroville average = 1870 90% Exceedence 1510 81% 1740 93% 50% Exceedence 1730 93% 1950 104% 10% Exceedence 2050 110% 2230 119% Yuba River near Smartville average = 1044 90% Exceedence 970 93% 1100 105% 50% Exceedence 1080 103% 1200 115% 10% Exceedence 1240 119% 1330 127% American River, below Folsom Lake average = 1282 90% Exceedence 1360 106% 1510 118% 50% Exceedence 1500 117% 1630 127% 10% Exceedence 1690 132% 1780 139% Mokelumne River, inflow to Pardee Reservoir average = 469 90% Exceedence 560 119% 610 130% 50% Exceedence 600 128% 650 139% 10% Exceedence 670 143% 710 151% Stanislaus River, below Goodwin Res. (blw New Melones) average = 716 90% Exceedence 880 123% 970 136% 50% Exceedence 970 136% 1040 145% 10% Exceedence 1070 149% 1130 158% Tuolumne River, below La Grange Res. (blw Don Pedro) average = 1230 90% Exceedence 1660 135% 1780 145% 50% Exceedence 1750 142% 1860 151% 10% Exceedence 1910 155% 2000 163% Merced River, below Merced Falls {below Lake McClure) average = 633 90% Exceedence 880 139% 960 152% 50% Exceedence 940 148% 1000 158% 10% Exceedence 1020 161% 1070 169% San Joaquin River, below Millerton Lake average = 1262 90% Exceedence 1700 135% 1840 146% 50% Exceedence 1810 143% 1940 154% 10% Exceedence 1940 154% 2050 162% Kings River, below Pine Flat Reservoir average = 1234 90% Exceedence 1640 133% 1780 144% 50% Exceedence 1720 139% 1860 151% 10% Exceedence 1830 148% 1960 159% Kaweah River, below Terminus Reservoir average = 290 90% Exceedence 360 124% 380 131% 50% Exceedence 380 131% 400 138% 10% Exceedence 420 145% 435 150% Tule River, below Lake Success average = 65 90% Exceedence 70 108% 79 122% 50% Exceedence 78 120% 85 131% 10% Exceedence 92 142% 98 151% Kern River, inflow to Isabella Lake average = 470 90% Exceedence 610 130% 680 145% 50% Exceedence 650 138% 710 151% 10% Exceedence 720 153% 760 162% 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 assu/nes 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. Kern River Parkway Ma,ior features of the Kern River Parkway include: into the lake and providing for a more continuous operation of the recharge area. Often referred to as the "gem" of the Kern River Parkway, · 320 acres ofprimaryriver channel Truxtun Lake is used by anglers, picnickers and bicycle enthusiasts The Kern River Parkway and associated final Environmental Impact Report were adopted by local public agencies in 1988. The natural site · 275 acres of natural and riparian lands alike who can enjoy the pastoral setting and spectacular beauty the lake p r e s e n t I y · 460 acres of natural habitat for educational studies has to offer. · 25 acre Truxmn Lakes Recharge Area includes 1,400 acres along the · 12 miles of uninterrupted bike path with 9 rest areas Kern River Parkway Water Management Agreement · 8 miles of equestrian trails majestic Kern · Multi-station exercise par course River corridor In November of 1999, a landmark water agreement was approved extending from · 3 professional quality sand volleyball courts between the City of Bakersfield and the Kern County Water Agency · 4 public parks with group picnic areas Manor Street on the northeast side of the City of Bakersfield to the Stockdale H i g h w a y The 2800 Acre water spreading area as capturedfi'om bridge on the the Bakersfield Bike Path's newest extension / City's tm blossoming west side. A bike path meanders alongside the course of the Kern River between Lake Ming and Enos Lane, providing for nearly 30 miles (12 miles within the current Parkway boundary) of uninterrupted scenic activity. The Summer recreation at Beach Park Truxtun Lake primary benefits of the Parkway include flood Truxtun Lake was created as part of a low-water basin adjacent to the designed to keep water flowing in the Kern River during the May ~ control, river's main course. Beginning in the early '60's, the basin was used through September recreation period. This historic pact has ensured that groundwater intermittently to in most years water will flow in the river throughout the summer recharge and recharge Kern River ~ . months, providing for expanded recreational activities, especially at the con s er va tion, water during wet years, popular Truxtun Lake, Beach Park and Yokuts Park. Former Bakersfield p r e s e r v a t i o n With the construction Water Board Chairman Mark C. Salvaggio, a long-time advocate of the and restoration of the Truxtun Avenue flow accord called the agreement "...the first major step in getting water o f n a t i v e Extension during the in the river year-round." The late Henry C. Gamett, former Kern riparian habitats 1980's, the lake gained County Water Agency Board President proclaimed the Kern River and open spaces immediate popularity Parkway Water Management Agreement "...will provide a legacy that for green belt because of its ever will benefit the community for many years to come." Bike Path near Coffee Road and recreational changing reflection uses. The Kern and seasonal colors. For more information about the Kern River Parkway, contact the City River Parkway Capable of recharging Truxtun Lake of Bakersfield Recreation and Parks Department at (661) 326-3117 or is a community project involving active, on-going public participation our groundwater the Water Resources Department at (661) 326-3715. and has resulted in improved community image and attractiveness of the supply with up to natural environment; a unique family-oriented recreational area for all 5,000 acre-feet annually, Truxtun Lake was connected by pipeline to the toenjoy. ~ A K E R S F I E L D WATER AGENCY Cross Valley Canal in 1988, introducing California State Project water The City of Bakersfield Water Resources Department Formed in 1977 along with the acquisition of Kern River water by the City of Bakersfield, the Water Department, now known as the Water Resources Department, is responsible for the operation and coordination of Kern River and various canals located throughout the metropolitan Bakersfield area. The Water Resources Department provides for the water regulation, distribution, recharge and record keeping functions on Kern River. The department also administers the Kern River Levee District whose key responsibility is local flood control management of the Kern ~ ...... River. Restoration of water flow in the Kem River through Bakersfield has been a primary goal of the Bakersfield City Council, who long ago - ..~_...::" recognized the Kern River as a valuable asset to the local community. A l~lU0 Plt~lql~ major contributor to the Kern River Parkway recharge program, the City envisions a year-round flow in the Kern River throughout the Bakersfield area, similar to the natural conditions that once existed. 2005 The Kern County Water Agency The Kern County Water Agency was created in 1961 by a special act ~ RECREATION SEASON of the California State Legislature and approved by Kern County voters. Its mission is to secure a supplemental water supply for Kern County by FLOW GUIDE serving as the local contracting entity for the State Water Project. As administrator of State water for the urban area, the Kern County Water Agency Board of Directors has strongly supported recreational season flow programs by introducing water into the otherwise dzy Kern River bed during peak recreation periods. A vital player in the summer season flow program for the Kern River Parkway, the Kern County Water Agency continues to meet the challenge of preserving and enhancing our local water supply, the main ingredient for a healthy Bakersfield economy. 200 · o · ° PR Kern River at B~ch Park - Flow in cubic fe~t per second* 7~0 250 ~U~II~, · Actualflows may vary dependent upon Par~ay recharge capacity, Kern River and canal operations and agricultural and urban water demands. Water Board Meeting May 18, 2005 6. REPORTS continued B. 2005 Kern River Parkway Recreational Season Flow Program - For Board Information (brochure in front pocket of binder) Water Board Meeting May 18, 2005 7. OLD BUSINESS A. Domestic Water Mainline Extension Refund contract re-assignments - For Board Information MAINLINE EXTENSION REFUND AGREEMENT '" ' CITY OF BAKERSFIELD The undersigned hereby assigns to: ' ' · ' Charlene M. Bourne, Trustee of the Charlene M. Bourne Revocable Trust dated February 16. 2005 1207 Brookridge Drive Columbus, Ohio 43220 All of its right, title, and interest, in and to the followiag described Water Main Extension Agreement: With: CITY OF BAKERSFIELD - '. - Dated: 8/18/1989 For Water Facilities: WB//84-16 TR//4639 Amount of Agreement: $71,242.79 Balance Remaining to be Refunded: $35,621.39 Number of Services: Number of Hydrants: Refund basis: The exclusive right to receive from the water company, two and one half (2.5) percent of the advance derived therefrom in compliance with Section C.2. of the Main Extension Rule, ordered by D-820162 dated June 1 l, 1982, of the Public Utilities Commission of the State of California. ' ~ · The undersigned warrants that he/she 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: BY: CITY OF BAKERSFIELD Charlene M. Bourne, also known as Charline M. Bourne BY: ~ BY: Florn Core, Water Resources Manager Charlene M. Bourne, Trustee Of the Charlene M. Bourne Revocable Trust Water Board Meeting May 18, 2005 7. OLD BUSINESS continued B. Northwest Feeder Pipeline Project with Kern County Water Agency - For Board Review and Action Water Board Meeting May 18, 2005 8. NEW BUSINESS A. Amendment No. 1 to Agreement No. 03-203 with California Water Service Company for construction and operation of Water Filtration Plant at Norris and Coffee Roads- For Board Review and Recommendation to City Council DRAFT AGREEMENT NO. 03-203(1) WATER BOARD AGREEMENT NO. W.B. AMENDMENT NO. 1 TO AGREEMENT NO. 03-203 AGREEMENT FOR THE JOINT USE OF WATER FACILITIES THIS AMENDMENT NO. 1 TO AGREEMENT NO. 03-203 is made and entered into on , by and between the CITY OF BAKERSFIELD, a Charter city and municipal corporation, ("CITY" herein) and, CALIFORNIA WATER SERVICE COMPANY, a California public utility water corporation, ("CAL WATER" herein). RECITALS WHEREAS, on July 9, 2003, CITY and CAL WATER entered into Agreement No. 03-203 concerning the Joint Use of Water Facilities for the cooperative use of land and equipment in the distribution of drinking water from a site located at Coffee Road and Norris Road ("Station" herein); and WHEREAS, the need exists to expand the water production capability of the Station to replace production from water wells in the vicinity that have been idled due to water quality concerns and to accommodate growth; and WHEREAS, space is available at Station site for the construction of a water filtration plant ("BK 218 Filtration Plant" herein)that will use Kern River water; and WHEREAS, CAL WATER and CITY desire to amend Agreement No. 03-203 to include terms and conditions for a Kern River water supply, the production from the filtration plant and the costs and expenses associated with the filtration plant; and NOW, THEREFORE, incorporating the foregoing recitals herein, CITY and CAL WATER mutually agree to amend Agreement No. 03-203 as follows: 1. A new Exhibit "A" is attached hereto showing the addition of the BK218 Filtration Plant at the Station site. 2. Section 3. USE OF FACILITIES. Is hereby amended to read as follows: 3. USE OF FACILITIES. CAL WATER shall use the portion of the Facilities reserved for the exclusive use of CAL WATER for the purposes of operating water facilities, installed under Agreement No. 03-202 plus a micro- filtration water treatment plant to be built at the Station, to be owned by CAL WATER. CAL WATER and CITY shall use the Facilities identified in Exhibit "A" as joint use facilities. CITY and CAL WATER shall use the remainder of the Facilities in accordance with' Domestic Water Operations Agreement No. 92-250, as amended, between CITY and CAL WATER. 3.'1 WATER FILTRATION PLANT. CAL WATER will be allowed to construct and operate a membrane filter water treatment plant at Station. The BK 218 Filtration Plant shall have an initial capacity of 4.0 million gallons per day and be expandable to 8.0 million gallons per day. CAL WATER shall be solely responsible for the design, financing, construction, completion and operation of the plant and Station appurtenances related to the plant. CITY and CAL WATER shall share in the water produced from the plant in accordance with provisions of this agreement. CAL WATER shall not purvey, convey, trade, exchange or sell in any manner the water produced from the BK 218 Filtration Plant to any persons, entity or agencies without the express written consent of CITY. 3.2 PIPELINE EXTENSION. CITY will construct or cause to be constructed a pipeliDe extension of its Beardsley Canal Lateral ¢¢4,.from the present location near Coffee Road and Snow Road to the Station, a distance of approximately 2700 feet. Said pipeline is the conveyance of source feed water for the filtration plant that is to be constructed at Station site. CITY shall be responsible for all costs associated with the pipeline extension including design, engineering, construction, inspection and acceptance. CITY shall be responsible for operations and maintenance of said pipeline extension. 3.3 SANITARY SEWER CONNECTION. CAL WATER shall attempt to obtain a sanitary sewer connection with North of the River Sanitary District ("NORSD", herein), which has a sewer main on the north side of the Station on Norris Road. In the event CAL WATER is not able to obtain a NORSD sewer connection under reasonable terms and conditions, the CITY shall construct or cause to be constructed a sanitary sewer connection pipe from the closest sewer main that is part of the City's system. CITY shall be responsible for all costs associated with the sewer connection pipe including design, engineering, construction, inspection and acceptance. CITY shall be responsible operations and maintenance of said sanitary sewer connection pipe. 3. Section 4. USE FEE. Is hereby amended to read as follows: 4.'1 WATER SUPPLY. CITY will make available to CAL WATER a Kern River surface water supply to serve the requirements of the filtration plant. The parties anticipate CITY will make available to CAL WATER up to 4,000 (Four Thousand) acre-feet per year to meet the initial needs of the constructed filtration plant. CITY is to provide additional water to meet future demands of the filtration plant as projected on the schedule provided in Exhibit "B". 4.1.1 WATER QUALITY. The CITY believes that the quality of water to be delivered to the BK218 Filtration Plant is suitable as a raw water source, but does not make any gu. arantee concerning the quality of water nor is it or will it be responsible for the quality of water delivered to the BK218 filtration plant. CAL WATER understands the water specified for delivery under this Amendment No. I to Agreement No. 03-203, is untreated and requires treatment that complies with Federal, State and local requirements to make it water suitable for public drinking water purposes. CAL WATER shall be solely responsible for testing said water and for any and all treatment which may be necessary prior to its delivery to its customers and CITY. CAL WATER recognizes that water delivered shall be sourced primarily from the Kern River, and that additional sources of water will be introduced periodically into the Beardsley Canal Lateral ~4. Those sources include water from: California State Water Project, Friant-Kern Canal and local groundwater. CAL WATER agrees that it shall be responsible for the quality of water delivered through the BK218 Filtration Plant, and for testing and properly treating the water. By execution of this Amendment No. I to Agreement No. 03-203, CAL WATER expressly waives any and all legal remedies against CITY, from CITY's delivery of non-potable water to CAL WATER. CAL WATER shall indemnify, defend and hold CITY harmless from and against any and all claims from or against CAL WATER for failure to deliver water to domestic users and CITY pursuant to this Amendment No. 1 to Agreement No. 03-20~3, in conformance with Federal, State and local domestic water standards or requirements. CITYagrees that when it has knowledge of conditions and events that may or have adversely affected the quality of water delivered to the BK 218 Filtration Plant, it shall promptly inform CAL WATER so that CAL WATER may take appropriate actions to address said conditions or events. 4.2 COMPENSATION TO CITY. To compensate CITY for CITY Kern River water delivered hereunder (except as otherwise provided herein), CAL WATER shall pay CITY Fifty-five Dollars ($ 55.00 ) for each acre foot of water that is determined to be processed and delivered to CAL WATER for use in its service territory. The price is subject to annual adjustment on the basis of the January 1999 Producer Price Index for "All Commodities" published by the Bureau of Labor Statistics of the U. S. Department of Labor and first adjustment shall occur in January of the year following execution of this Agreement. The price as stated shall include all cOsts CITY may incur in pumping, exchange and storage fees in delivering Kern River water to CAL WATER through the Beardsley Canal Lateral fi4. Payment in full shall be made to CITY within thirty (30) days after mailing of an itemized invoice to CAL WATER. The due date on the invoice shall be clearly set forth and shall be thirty (30) days beyond the billing date. CITY shall bill CAL WATER for quantities delivered only after the water is actually delivered bY CITY through the Beardsley Canal Lateral ¢f.4. CAL WATER shall not assess or levy any charge of any . kind or type to CITY for the delivery of said water. Failure to pay CITY in full within thirty (30) days of the due date shall subject CAL WATER to late fees. Reasonable late fee amounts (not to exceed ,. 6% on unpaid balance) may be assessed by CITY and shall be paid by CAL WATER upon demand. At CITY's sole discretion,' . CITY may terminate this Agreement after notice and a sixty (60) day cure period for failure to pay all charges assessed for water ~ delivery and collect all past due sums and late fees. " 4.3 PAYMENT~TO CAL WATER. CITY will purchase from CAL WATER a supply of finished water from the filtration plant. The amount of water provided to CITY shall be determined through metering records of the CITY booster pumps located at the Station, less quantities of water produced from Water Well CBK L208 (located at Station site) plus any water delivered to the storage tank (located at Station site) from CITY back-fill system. The price CITY pays to CAL WATER for the net amount of water determined to be delivered to CITY in this sub-section is estimated to be $ with the final price determined after project cost accounting has determined total actual costs of construction and estimates of operations and maintenance costs are accounted and accepted by CITY. The components of the price are comprised of 1) actual operations and maintenance expenses for the filtration plant, including power, labor, chemicals, waste disposal, parts, supplies, outside services and reasonable supervision expenses not to exceed 10% of preceding totals and 2) capital facilities costs for the filtration plant for engineering, design, construction, installation, startup financing plus a Rate of Return on investment as allowed by the California Public Utilities Commission. The price shall be adjusted annually for the operations and maintenance component only, based on the adjustment percentage allowed in Agreement No. 92-250, paragraph 9. 4.4 ADDITIONAL CAPITAL IMPROVEMENTS. In the event CAL WATER determines that it must install additional capital 4 improvements to the BK218 Filtration Plant in order to meet new or changed Federal, State, or local water quality standards, or comply with any otherlegal requirements, CAL WATER will determine the total project costs for the said improvements and present them to the CITY for review and approval. CITY shall provide CAL WATER with its written acceptance of said additional capital improvements and their total project costs. The capital facilities costs shall be adjusted for all finished water delivered to CITY using the agreed upon actual costs of the additional capital improvements in accordance with the provisions in Section 4.3. 4. Except as amended above, all terms and conditions of Agreement No. 03- 203 shall continue in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 1 to Agreement No. 03-203 to be executed, the day and year first-above written. "CITY .... CAL WATER" cITY OF BAKERSFIELD CALIFORNIA WATER SERVICE COMPANY By:. By:. HARVEY L. HALL Mayor Title: Title: APPROVED AS TO FORM: VIRGINIA GENARRO City Attorney By:. ALLEN SHAW Deputy City Attorney MORE SIGNATURES ON FOLLOWING PAGE APPROVED AS TO CONTENT: WATER RESOURCES DEPARTMENT By: FLORN CORE Water Resources Manager COUNTERSIGNED: By: GREGORY J. KLIMKO Finance Director Attachments: EXHIBIT "A" EXHIBIT "B" S:~005CONTRACTS\~CWSCOBAmend 1 to03-203 5/13/2005 Water Board Meeting May 18, 2005 8. NEW BUSINESS continued B. Temporary Service Agreement with ChevronTexaco Exploration and Production for use of Carrier Canal - For Board Review and Action B A K E R S F I E L D WATER RESOURCES DEPARTMENT Florn Core · Water Resources Manager TEMPORARY SERVICE AGREEMENT BETWEEN CHEVRONTEXACO EXPLORATION AND PRODUCTION COMPANY AND CITY OF BAKERSFIELD, CALIFORNIA THIS AGREEMENT is made as of this day of June, 2005, by and between CHEVRONTEXACO EXPLORATION AND PRODUCTION COMPANY ("CTEP"), a division of Chevron USA Inc., a Delaware Corporation, and the CITY OF BAKERSFIELD, a California municipal corporation ("City"), for the discharge of petroleum industry reclaimed produced water ("oilfield reclaimed water") in the CARRIER CANAL ("Carrier"). I. RECITALS 1. City, pursuant to Paragraph 17 of the January 12, 2005 A 05-006 "AGREEMENT FOR DISCHARGE OF OILFIELD INTO THE BEARDSLEY-LERDO CANAL SYSTEM", has pro~ :ice to CTEP of its intent to terminate said agreement. Such termination is nece to City's desire to convey its Kern River water through the Beardsley Canal 4 Lateral to a domestic water treatment plant located westerly of the Beardsley Canal near the intersection of Norris Road and Coffee Road; and 2. CTEP owns and operates water processing facilities in the Kern River oilfield of Kern County, California, in Sections 5~and 9, Township 29 South, Range 28 East, M.D.B. & M., wherein produced waters from oil recovery operations located in said oilfield are processed and reclaimed; and 3. Oilfield operations use less than all of the water processed and reclaimed at said water processing facilities and a surplus of said reclaimed water exists; and 4. City operates Carrier and transports City and other waters in Carrier and is willing to permit CTEP to temporarily discharge during periods of emergency said oilfield reclaimed waters surplus to CTEP's needs into Carrier subject to certain conditions; and 5. CTEP, as successor-in-interest to Texaco and Getty Oil Co., and City have an existing agreement (City Contract N-° 77-3 between Getty Oil Company and City of Bakersfield) under which CTEP can temporarily discharge oilfield reclaimed water into 1000 Buena Vista Road · Bakersfield · California 93311 (661) 326-3715 · Fax (661)852-2127 · E-Mail: water@ci.bakersfield.ca.us the Cartier Canal, formerly known as the Kern Island Canal. A copy of said contract is on file at City place of business and CTEP place of business; and 6. CTEP has a National Pollution Discharge Elimination System (NPDES) Permit N°- CA0078352, California Regional Water Quality Control Board (CRWQCB) Order No- 97-124 ("NPDES Permit") which requires sampling of the discharge and receiving water and limits the downstream concentration of certain constituents in the discharge and the mix of the receiving water of Cartier. A copy of said NPDES Penni file at City place of business and CTEP place of business; and 7. By reason of prohibitions in CTEP's NPDES structural and operational modifications of Carrier are necessar3 NPDES Permit; and 8. City has made certain structural modifi~ Carder and developed a discharge management plan for administering operati~ during emergency periods of oilfield reclaimed water discharge to Cartier; and 9. Calendar day service charges referenced to in Article II, Paragraph 15 of this Agreement are to reimburse City for operations, maintenance and supervision costs necessarily incurred by City in order to prevent CTEP's discharge water from commingling with water used for municipal, recreational and other purposes. II. AGREEMENT IT IS NOW hereby agreed by and between the parties that: 1. CTEP has, at its sole risk and expense, constructed such pipelines and facilities required to discharge surplus oilfield reclaimed waters into Carder, which discharge point is mutually agreeable to all parties. 2. CTEP may temporarily discharge into Carder during emergency periods only, sur- plus oilfield reclaimed waters produced at said water processing facilities which are not used in oilfield operations, with such discharge to be maintained at minimal constant flows. If, at any time during the term of this temporary service agreement, CTEP desires to discharge oilfield reclaimed waters to Carder, then CTEP shall promptly notify City of such emergency by telephone, and note of the emergency shall be logged by the City Dispatcher, telephone 326-3716. CTEP shall also be responsible to notify the City's Water Resources Superintendent (or designee) of the nature of the emergency prior to any such temporary discharge to Carder. City agrees to allow the temporary discharge into Carder of surplus oilfield Page 2 of 7 reclaimed water delivered by CTEP provided CTEP shall maintain the NPDES Permit for the discharge of such water. CTEP shall make available to City any and all records pertaining to water quality of oilfield reclaimed water and shall notify City promptly if limitations exceed those of said NPDES Permit. 4. The flow of oilfield reclaimed water into Carder during this Temporary Service Agreement shall be coordinated with and verified through City Dispatcher, City Water Resources Superintendent (or designee) and CTEP. 5. The parties recognize that emergencies may occur of City, which may require the closing of the Carrier and theability to discharge to Carder. City agrees also that it shall give CTEP as possible before closing Carder for emergencies. In the case arising from matters beyond the control of the City, City agrees to use to put Carder back in operation as soon as practical. CTEP shall be ,le for its surplus oilfield reclaimed waters during such periods as Carrier l for emergencies. 6. If, in any period during discharge in Carder, those flows in Carder of Kern River water do not provide adequate dilution to meet quality standards established by the NPDES Permit, then City agrees to sell Kem River water, if available to City, to CTEP to enable CTEP to dilute and dispose of its surplus oilfield reclaimed waters in Carrier. The price to CTEP for such City water, as established by the City of Bakersfield Water Board, shall be $55.00 per acre-foot, or fraction thereof, delivered to CTEP by City, subject to annual adjustment on the basis of the January 1999 Producer Price Index for "All Commodities" published by the Bureau of Labor Statistics of the U.S. Department of Labor, which price index stood at 123.2. Therefore, the adjusted price for 2005 shall be $67.38 per acre-foot. 7. The City shall coordinate emergency oilfield reclaimed water discharge operations and make such arrangements to Carrier flows as are necessary to prevent CTEP's discharged water from commingling with water being used as a raw water supply source for municipal use. 8. CTEP warrants that the water discharged into the Carrier shall at all times comply with the water quality standards set forth in the NPDES Permit. CTEP agrees to hold City harmless for any failure of said discharged water to meet said standards and to indemnify City for any damages rendered against City because such water fails to meet such standards, including attorney's fees and costs of any actions brought against City because of said discharge of such water which fails to meet such standards; EXCEPTING THEREFROM any cause of action or damages resulting fi:om City's acts or omissions or negligence of the acts or omissions of any third parties; provided, CTEP assumes any duty or obligation which may result fi:om another governmental agency imposing upon Page 3 of 7 City a tax or assessment due to the degradation of the groundwater resulting fi.om CTEP's said water, but CTEP reserves the right to litigate both the issue of failure to meet any such standards and the issue of legal justification for any such tax or assessment. 9. It is expressly understood between the parties that CTEP has not dedicated, does not intend to dedicate and shall not be construed to have dedicated its water processing facilities, pipeline facility or any portion of water processed at said water processing facilities to public use, and that CTEP is not a public utility or common carder. 10. If the oilfield reclaimed waters discharged to Carder by do not meet the discharge requirements set forth in the NPDES Permit, CTEP wil the ability to discharge said oilfield waters to Carder. If the oilfiel, CTEP to Carder cannot reasonably be economically process, ~ water quality standards, CTEP shall cease delivering CTEP shall at all times throughout the term of this Agreement 1 e for and make immediate response to any oil spill, oil leakage or presence otkind in Carder resulting from or attributable to CTEP to Carder. 11. Except as provided for in the NPDES permit, CTEP agrees that it will immediately cease its discharge into the Carder upon being presented evidence by City that CTEP's oilfield reclaimed water contains any substance which is contained within any of the following definitions or lists, whether as currently drafted or as amended in the future: a. the definition of"extremely hazardous waste," as defined in section 25115 of the California Health and Safety Code; or b. the definition of "hazardous waste," as defined in section 25117 of the California Health and Safety Code; or c. the definition of"hazardous substance," as defined in section 25316 of the California Health and Safety Code; or d. any substance listed in the California Administrative Code, Title 22, Chapter 30, Article 9, Hazardous Wastes and Hazardous Materials, section 66680 and Article II, Criteria For Identification of Hazardous and Extremely Hazardous Wastes, sections 66693-66746; or e. any other definition or list pursuant to any federal, state or local law, regulation or ordinance; and which substances or wastes in the receiving waters are in concentrations that are directly or indirectly deleterious to either plant, animal or human health. Page 4 of 7 12. CTEP shall at all times operate its facilities so that CTEP's reclaimed water: a. Does not cause the receiving water in the Carrier to exceed 0.5 MG/1 of boron. CTEP agrees that when there is insufficient water in the Carrier to dilute CTEP's oilfield reclaimed water to 0.5 MG/1 of boron, CTEP shall without hesitation, regardless of time or day, reduce the quantity of flow of its reclaimed water to a point at which the receiving water in the Carrier does not exceed 0.5 MG/1 of boron. CTEP's reduction shall be according to the proportional reduction requirements specified in the Management Plan promulgated pursuant to NPDES permits CA0078352, Order N-°'s R5 2002-0053 and CA0080853, Order N° R5 2002-0052 or as otherwise agreed to in writing by City; and b. Does not cause the receiving water in the 7.0 MG/1 of free oil and grease. City agrees to cooperate with CTEP if CTEP desires other water supplies to facilitate the above blending provided that CTEP all cost associated with the acquisition of said water supplies and CTEP purchase water supplies to accomplish such blending which may City's or others water supply in Cartier, costs, operation, or water management programs. 13. CTEP shall comply with each and every other federal, state or local water quality standard or provision pertaining to discharging oilfield reclaimed water into Carrier, whether in existence on the date this Agreement is executed or promulgated at any subsequent time, once such standard or provision becomes final and enforceable by the appropriate governmental agency. 14. CTEP shall pay to City co~s necessarily incurred by City to administer its discharge management plan. Such discharge management plan shall include but not limited to, monitoring of the constituent level of CTEP's oilfield reclaimed water discharged in the Carder, preparation of monthly and periodic hydrographic records of discharge and dilution waters and long-range forecasting and scheduling of Kern River Basin yield and Carrier operations. The City's discharge management plan fee for 2005 shall be based on the annual budget amount of $72,240.00, representing City's best estimate of the costs associated with implementation of the discharge management plan. 15. CTEP agrees to pay City a service charge of $200.00 (two hundred dollars) per calendar day for each day CTEP discharges its oilfield reclaimed water to Carrier, plus $35.56 (thirty-five dollars and fifty cents) per acre-foot of oilfield reclaimed water discharged into Carrier. Page 5 of 7 16. For charges specified in Article II, Paragraph's 14 and 15, CTEP shall pay City within thirty (30) days of receiving invoice from City. 17. This Service Agreement is an accommodation by City, is temporary, and shall not extend beyond the date of June 30, 2006, notwithstanding, this Temporary Service Agreement may be extended beyond June 30, 2006 for a additional period of 180 days subject to mutual agreement of the parties. 18. Nothing contained in this Service Agreement change the rights or obligations regarding charges specified in Paragraph 6 :anuary 3, 1977 Agreement between CTEP and City. 19. Nothing contained in this Agreement. ~rformance under this Agreement, shall affect or change the existing Kern rights or Lake Isabella storage rights held by City. 20. CTEP hereby surrenders all right to discharge any oilfield reclaimed water into the Carrier except as provided in this Agreement. 21. Any notices, correspondence or requests to view documents on file shall be made at the following respective place of businesses: CITY: City of Bakersfield Water Resources Department 1000 Buena Vista Road Bakersfield, CA 93311 Telephone (661) 326-3715 CTEP: ChevronTexaco Exploration and Production Company P.O. Box 1392 Bakersfield, CA 93302 Telephone (661 ) 393-2200 City and CTEP have developed an Emergency Call List, which is more fully shown on Exhibit "A," attached hereto and incorporated herein by reference, to provide for 24-hour contact between the parties in case of emergency and for the performance of duties and obligations of the parties under this Agreement. 22. None of the rights or obligations of the parties under this Agreement shall be assigned or delegated by any party without the prior written consent of the other party. 23. In the event of any litigation between City and CTEP, in connection with the Page 6 of 7 interpretation, performance or enforcement of this Agreement, the prevailing party in such litigation shall be entitled to be reimbursed by the other party thereto for all costs of litigation, including, but not limited to, court costs, time and expense of personnel, attorneys' fees, costs of experts and other costs of litigation. Provided, however, that the attorneys' and experts' fees to be reimbursed shall not exceed such amount as the court determines to be reasonable. 24. Both parties are equally responsible for authorship of this Aand section 1654 of the Civil Code has no application to the interpretation 25. The failure of any party to enforce against the other a of this Agreement shall not constitute a waiver of that party's right to enforce ' ;ion at a later time. 26. This Agreement shall be binding on the :heir successors and assigns; PROVIDED, HOWEVER, that CTEP shall or otherwise transfer this Agreement or any of CTEP's rights hereunder, either voluntarily, involuntarily, or by operation of law, without the prior written consent of City, which consent shall not be unreasonably withheld, and any assignment or other transfer or attempted assignment or transfer contrary to the provisions of this Agreement shall be absolutely null and void and of no effect whatever. 27. This Agreement constitutes the entire agreement between the parties pertaining to the temporary discharge of CTEP's oilfield reclaimed water into Carrier and supersedes all prior and contemporaneous agreements and understandings, whether written or oral, not specifically referred to herein. The signatures below represent that they have the authority to execute this Agreement. CHEVRONTEXACO EXPLORATION CITY OF BAKERSFIELD AND PRODUCTION COMPANY By: By: Title: Title: Water Resources Manager cc: Kern Delta Water District Allen Shaw, Deputy City Attorney Page 7 of 7 Water Board Meeting May 18, 2005 8. NEW BUSINESS continued C. Authorization for City Participation with Kern River Watermaster to Intervene in Southern California Edison Co.'s Borel Powerplant Relicensing - For Board Action 05/02/05 09:28 FAX 16613936884 N. KERN WATER STOR. DIST ~ CItY BaKersfield ~002/006 KERN RIVER WATERMASTER 33380 Cawelo Avenue P.O. Box 81435 . Bakersfield, CA 93308-9575 Bakersfield, CA 93380-1435 Telephone (661) 393-2696 Facsimile (661) 393-6884 May 2, 2005 Martin Milobar, Buena Vista Water Swrage District Flora Core, City of Bakersfield Jim Beck, Kern County Water Agency Mark Mulkay, Kern Delta Water District Dana Munn, North Kern Water Storage District RE: Intervention in Southern California Edison Company Borel Powerplant Relicensinlg Gentlemen: In late March 2005, I received a "Draft Environmental Assessment from the Federal Energy Regulatory Commission (FERC #382) on the subject Relicensing. Because of the FERC staff recommending the adoption of a proposed reregulation of our requested Isabella Dam Outflow that would result in the daily disruption of our operations during the summer period, I requested help through Mike McCarty, located in Washington, D.C. who is familiar with FERC matters. As a result, I retained Mike on our behalf and he recommends we immediately file with FERC to intervene in the Borel Relicensing and to provide timely remarks to FERC in this matter. A copy of Mr. McCarty's letter dated.April 25, 2005 is attached for your reference. What I need from each of you is a Board Resolution authorizing the Kern River Watermaster to intervene in FERC #382 Relicensing. Please provide me with a copy of your resolution soon. If you have any questions, please let me know. Very truly yours, C. H. WILLIAMS Kern River Watermaster Enclosure cc: Scott K. Kuney Mike McCarty Water Board Meeting May 18, 2005 8. NEW BUSINESS continued D. City of Bakersfield Domestic Water Division Proposed 2005-06 Rate Schedule- For Board Review and Recommendation to City Council NOTICE OF PUBLIC HEARING BEFORE THE COUNCIL OF THE CITY OF BAKERSFIELD NOTICE IS HEREBY GIVEN that a public hearing accepting testimony will be held before the Council of the City of Bakersfield at 6:30 p.m., or as soon thereafter as the matter may be heard, on Wednesday, June 22, 2005, in the Council Chambers of City Hall located at 1501 Truxtun Avenue, Bakersfield, California, for the purpose of considering A RESOLUTION ESTABLISHING DOMESTIC WATER RATES FOR ASHE, FAIRHAVEN AND RIVERLAKES SERVICE AREAS. Supporting documentation is available for review at the City Clerk's Office, City Hall, 1501 Truxtun Avenue, Bakersfield, California 93301. Anyone having questions may contact the City Clerk at (661) 326-3767. PUBLIC COMMENT will be accepted in writing on or before the hearing date indicated above at the City Clerk's Office. Any interested person, including property owners, may appear and be heard as to whether the proposed fees and charges are discriminatory or excessive. Any person challenging in court the decision made at the conclusion of such public hearing may be limited to raising only those issues raised at such hearing or in correspondence delivered to the City Clerk's Office prior to the close of such hearing. May 24, 2005 PAMELA A. MCCARTHY, CMC City Clerk and Ex Officio Clerk of the Council of the City of Bakersfield S:\DomWtnOubN oteO5.wpd DRAFT RESOLUTION NO. A RESOLUTION ESTABLISHING DOMESTIC WATER RATES FOR ASHE, FAIRHAVEN AND RIVERLAKES SERVICE AREAS. WHEREAS, Chapter 2.18 of the Bakersfield Municipal Code authorizes the City Council to establish fees and charges sufficient for the City to recover the costs of providing domestic water services; and WHEREAS, a public hearing before the City Council was advertised twice in the Bakersfield Califomian, a newspaper of general circulation; and WHEREAS, a public hearing was held to determine whether the proposed fees and charges are discriminatory or excessive; and WHEREAS, the fees and charges set forth in Exhibit "A," attached hereto and incorporated by reference, do not exceed the reasonable estimated cost of providing the services for which the fees are charged. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF BAKERSFIELD AS FOLLOWS: ~ 1. The foregoing recitals are incorporated herein by reference. 2. The fees and charges set forth in "Exhibit A," attached hereto and incorporated herein as if fully set forth, are hereby adopted and shall become effective on October 1, 2004. 3. The adoption of these fees and charges complies with Proposition 218. EXHIBIT "A" City of Bakersfield Water Resources Department Domestic Water Division Ashe, Fairhaven and Rivedakes Ranch Service Areas Schedule of Rates General Metered Service Current Rates Proposed Rates October 1, 2005 Within Fairhaven & Within Fairhaven & City Limits Unincorp- City Limits Unincorp- orated Areas orated Areas Quantity Rates: First 30(~,000 cu. ff./month $0.59 $0.77 $0.66 $0.86 (per 100 cu. ft./month) All over 300,000 cu. ff./month $0.54 $0.70 $0.6'/ $0,79 (per 100 cu. ft./month) Monthly Readiness-To-Serve Charge: 5/8" x 3/4" Service $8.90 $11.58 $8.90 $11.58 1" Service $13.56 $17.63 $13.56 $17.63 1-1/2" Service $20.69 $26.89 $20.69 $26.89 2" Service $28.17 $36.62 $28.17 $36.62 3" Service $52,05 $67,66 $ 52.05 $67.66 4" Service $75.66 $98.35 $75.66 $98.35 6" Service $135.97 $176.76 $135.97 $176.76 8" Service $209.01 $271.72 $209.01 $271.72 10" Service $288.10 $ 374.53 $288.10 $374.53 Monthly Private Fire Protection Service Charge: 1-1/2" Connection $8.40 $10.92 $8.40 $10.92 2" Connection $11.20 $14.56 $11.20 $14.56 3" Connection $16.80 $21.84 $16.80 $21.84 4" Connection $22.40 $29.12 $22.40 $29.12 6" Connection $33.59 $43.66 $33.59 $43.66 8" Connection $44.79 $58.22 $44.79 $58.22 10" Connection $55.99 $72.78 $55.99 $72.78 12" Connection $67.19 $87.34 $67.19 $87.34 "Monthly Readiness-To-Serve Charge" is applied to all services and an! quantity of water used is an additional charge computed at the quantity rate. Conditions of service remain the same. Reconnection Fees S:RATESHEET2005 Collect (~ Door $15.00 Reconnection $25.00 After Hours $65.00 Cage & Lock $30.00 NSF $10,00 WATER RATE COMPARISON Purveyors within Urban Bakersfield Area $45.00 [] 10/05 PROPOSED RATE INCREASE $1.96 $40.00 [] 07/05 PROPOSED RATE INCREASE $6.98 [] AVERAGE MONTHLY WATER BILL $38.73 $35.00 $30.00 $32.14 $29.61 $29.92 $27.38 $25.00 $25.42 $25.16, $20.00 $15.00 $10.00 $5.00 $0.00 , , , , City of Bakersfield North of the River Vaughn Water Co. East Niles C.S.D. California Water Service NOTE: Average based on 28 CCF per month March 2005 Water Board Meeting May 18, 2005 11. CLOSED SESSION A. Conference with Legal Counsel- Potential Initiation of Litigation Closed Session pursuant to subdivision c. of Government Code section 54956.9 - One Case B. Conference with Legal Counsel - Existing Litigation Closed Session pursuant to Government Code section 54956.9 North Kern Water Storage District v. Kern Delta Water District - Tulare County Superior Court Case No. 96-172919 ADMINISTRATIVE REPORT WATER BOARD I MEETING DATE: May 11, 2005 I AGENDA SECTION: Closed Session I ITEM: TO: David Couch, Chairman Harold Hanson, Councilmember Zack Scrivner, Councilmember APPROVED FROM: Virginia Gennaro, City Attorney DEPARTMENT HEAD ~'"'~ DATE: May 10, 2005 CITY ATTORNEY ~' SUBJECT: 1. Conference with Legal Counsel -- Potential Initiation of Litigation Pursuant to subdivision (c) of Government Code section 54956.9 - one case 2. 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:do/Isc S:~WATER\ClSessAdmin.05-11-05doc.doc 5/! 0/2005