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HomeMy WebLinkAbout11/07/2012_WB_AGENDA_PACKETCity of Bakersfield Water board Special Meeting of November 7, 2012 South Fork Kern River above Kennedy Meadows Water Resources File Packet B A K E F I E L �ffz��UIF=R BOARO David CoaacOv9 Chair Ha�o�d Hanson, V'Oce Chair RusseN Johnson 1, CALL 7C:) ORDER 20 ROLL CALL 3 0 evil N U7ES A. Minutes of the regular meeting ofSeptember 19, 2012 for approval - For Board Review and Action 4. PUBL�C VA7E EN7S 5. REPORTS A. Kern liver & isabella reservoir Operations Deport - For Board information B. sabelia Dares Safety Modification Project - For Board Information 6. NEW SUSNESS A. Participation in Kern River Weather Modification Program for 2012/2013 Season - For Board Review and Action 7. M �SCELLANEOUS A. Schedule a regular Wator Board meeting on January 16, 2 013 - For Board Review and faction Water Board Agenda November 7, 2012 Page 2 8. WATER BOARD STATEMENTS 9. CLOSED SESSION A. 1, Conference with Legal Counsel - Potential Litigation Closed session pursuant to subdivision (b)(3)(A) of Government Code Section 54956.9 (One matter) 10. CLOSED SESSION ACTION 11. ADJOURNMENT C40 ART CHIANELLO, P.E. Water Resources Manager POSTED: November 2, 2012 Special Water Board Meeting November 7, 2012 3. MINUTES A. Minutes of the regular meeting of September 19, 2012 for approval - For Board Review and Action M NU7ES of VISE REGULAR 1iv EETNG O WAVER BOA DD e C 7Y of QAKERSFMD V L ed nesda 1/ 9 Svs7p11embw IJ 99 20 � Ga 2:00 p.m. . Water resources Building Conference room 1000 Buena Vista road, Bakersfield, CA 93311 Chairman Couch called the meeting to order at 2.00 p.m. pi(��LL < ALL Mu ®ff ®fl by HMSOn �O CPP §x®YG Ms M§nM'9S Of MG F99U§aF Mc affng 09 May Y 69 2®Y2 and specaa0 maeffng ofJu §y Y Yg 26 Y2. APPROVED All AYES 4. PUBEC FAM�1ivENM None 5. KERN RI VER LEVEE DJSYRJC 7 A. update regarding U.S. Array Corps of (Engineers Levee Inspection of August 9, 2011 results and Water Department Actions. B A K F R S F I E L D M NU7ES of VISE REGULAR 1iv EETNG O WAVER BOA DD e C 7Y of QAKERSFMD V L ed nesda 1/ 9 Svs7p11embw IJ 99 20 � Ga 2:00 p.m. . Water resources Building Conference room 1000 Buena Vista road, Bakersfield, CA 93311 Chairman Couch called the meeting to order at 2.00 p.m. pi(��LL < ALL Mu ®ff ®fl by HMSOn �O CPP §x®YG Ms M§nM'9S Of MG F99U§aF Mc affng 09 May Y 69 2®Y2 and specaa0 maeffng ofJu §y Y Yg 26 Y2. APPROVED All AYES 4. PUBEC FAM�1ivENM None 5. KERN RI VER LEVEE DJSYRJC 7 A. update regarding U.S. Array Corps of (Engineers Levee Inspection of August 9, 2011 results and Water Department Actions. nnk rsfie�d CafforrJa, September 19, 2012 - Page 2 5. KERN MVER LEVEE D�SV MC 7 con�onued B. State Department of water Resources 2012 Preseason Flood Coordination Meetings, C. Update regarding FEMA Certification. Art Chianello, water Resources Manager, stated on August 11, 2011, staff submitted data and documentation to FEMA regarding the Provisionally Accredited Levee (PAL) certification for the Kern river South Levee. FEMA is reviewing the information. Staff will continue to update the Board. ZoaircI §nfo rrma�§On ®n §yg no ac t§on f akeno 6. REPORYS A. Kern Diver & Isabella reservoir Operations report. B. Isabella Dares Safety Modification Project. Bakersfoe0 , Cafforn�a, September 19, 2012 - Page 3 7. DEFERRED BUSJN SS None S. NEIN BU&NESS A. Kern Integrated Regional Water Management Plan (IRWMP) Agreement. Iii ®�o®fl by JOhflsOn �O OPPYOVS �hG Cosh Shafing Agreement No. WRY2 -009 between the Kem Counn y Wa�sr Agency and Members Of f he Tuu ara dale o GSan For�§On of Kem Counn y §n egraLq I Rggg ona§ Wa�gr Managqmgnn p§an h?99§OnC§ WGter Managemen� Group (RWMG) (Cffy of Bakersfisid, Member) and OPPY®VS On addffona§ $59084 000 09 Cff®c affon of $ Y69684) for fhe 06 yy's ALL AYES B. Improvement District No. 4 (04) Dry Year Supply Options. David Beard, Kern County Water Agency, stated the Agency is asking water purveyors to rake a determination as to entering into a Cary water supply agreement by the end of September, 2012. Moffon by Johnson �o approve S�affgs Fecommendaffon Lo use fts) cjo ys's Kern R§VGF Su §face W&S 9 banked My GI% &er on §hs My"s 2800 Acre W 9charge Faso §Ny; or G'x§S oflg we§§S :7n crffcaffy dry years �o supp§gmqn� wa�gr �h& WOU9d O�hsrw§ss be PF®eadGd by ohs KCWA 04 Via the Henry Co Gams§ W&sr YF90 m9fl�P§M� Ond FDO�9fl §9Fafl�® M G�C)199menf WRh the KCWA. APPROVED ALL AYES Bakersfield, California, September 19, 2012 ® Page 4 `'' MI C1 LL�NEC�)US A. Kern Ground Wafer Management committee B. Public Utilities commission Affiliated rules Staff stated that the city does not have an obligation to make up for cal Water's losses° Additional meetings will be held to determine the best interest of ratepayers and citizens of Bakersfield. Board onf®rma §on ® §T4y9 n® acf§on taken. !1! W� FR :C��I?C�� S-f�TFMENTS Art chianello, Water resources Manager, stated the November 7, 2012 Water Board meeting Will be David Couch's last Water Board meeting. Upon unanimous approval the meeting time was rescheduled from 2:00 p.m. to 11:30 a.m. o CLOSED SESSS ON A. I , conference with Legal counsel - Potential Litigation Closed session pursuant to subdivision (b)(3)(A) of Government code Section 54956.9 (One matter) 2. conference With Legal counsel - Initiation of Litigation Closed session pursuant to subdivision (c) of Government code Section 54956.9 (Two potential cases) Chairman couch recessed to closed Session at 2:53 p.m. Chairman couch adjourned from closed Session at 3:25 p.m, Bakersf e , Ca00fornia, September 19, 201 2 -- Page 5 Virginia Gennaro, City Attorney, announced there is no reportable actio:) from Closed Session items A. 1. and 2. Choirman Couch adjourned the regular meeting at 3o26 p.m. David Couch, Chairman City of Bakersfield Water Board Bobbie Zaragoza, CMC Secretary, City of Bakersfield Water Board Special Water Board Meeting November 7, 2012 5. REPORTS A. Kern River & Isabella Reservoir Operations Report - For Board Information W 0 Foo cn 0 Lu cn Lu ui m cn ad 0 �j LL W N .J N D W N 0 .i U. Z cr. W Z a: W �e wi (SIS041UGJBd ul U01jeA013) IJOV Ulm 30VH01.S o u- 0 o o u-- u-- ou 0 o U-- u-- _71 0 u- LO 0 0 co © 0 r-- 0 co 0 't 00 C> 't o"') LO co - co ICT 6 0) CT C, V, CT co 6 C'� CT 0� �o 0(c Ip 0 (0 LO LO cc LO LO m 0 m LO CO co LO r- CO LO N U) r-, N LO LO CO (D N LO O Lo LO ©� 0 co LO N N cm N cm N Lo wi 0 C 0 0 00 0 C) 00 0 C 0 0 0 0 0 0 0 0 0 C) LO 0 m LO LO C) LO 0 LO LO qt qt N N T- I- CIN003S E13d 133--Joieno cq cm w CO 2 L. cu n 0 Cl) E cn o Z 0 UL 0 75 W FL ca 0 C 0 0 00 0 C) 00 0 C 0 0 0 0 0 0 0 0 0 C) LO 0 m LO LO C) LO 0 LO LO qt qt N N T- I- CIN003S E13d 133--Joieno cq cm w CO 2 L. cu n Special Water Board Meeting November T2012 5. REPORTS B. Isabella Dam Safety Modification Project - For Board Information o till 11 days) Final Environmental hMpaCtStatement (FEIS) is on schedule to complete by 29 October 2012. T'le air quality model was completed on 8 September. PED Project Managernent Plan (PMP) efforts continue. The design and, construction schedules continue to be modified to minimize action durations thus minimizing project impacts. A meeting was held on September 19th W jt�, the RMC to discuss the PED Schedule and out year buc"geting. * Type I Independent External Peer Review (IEPR) final comment-respor,,sr:- teleconference was held on 5 September and the Completed ` 1 report will be completed ty 20 September 2012. 7 I- hung * The draft Real Estate Design Memorandum (R.-DM) is hp�rng updated with the air quality data that was received on 8 September. © Coordination efforts continue with the U.S. Forest Service (USFS) on real estate and recreation actions. A letter was sent to USFS Region 5 that discusses the cha�`r-rnges of "relocating their f7 -ili-des. Colonel Leady met with Region 5 on 21'- Septernher to e�",,-n-,Nish a path forward. The team will continue to commU:nicate directly with them' satellite and regional offices. * The draft Dam Safety Modification Report (DSMR), P-7-ift REDM, Economic and Life Loss Consequences, and Draft IEPR comment and responses were na s u b m -ad to MSC and HQ electronically on 31 August 2012. Hard copies of the draft documents were mailed via FedEx to MSC and HQ on 4 September 2012 and all comments from MSC and HQ wiII be provided by 28 September. * The final IEPR and DCX Cost Certification will be ele-.,tronically submitted along with hard copies to the MSC and HQ on 24 September. W an LODkIPI�Ahead cms.�t d�as� * The final DSMR any, EIS are scheduled for October 29, 2012 -') I nia Edison (SCE) is - 0 Borel Canal Workshop with SPK and Southern Cal"f - scheduled for 1-2 October 2012. * Water District Mn-n"ing to discuss the recommended plan is scheduled for 10 cctoh,r 2012. G�arPLn2 Lake SMAs The current pool resides at 88,842 acre-ft, an elevation of 2543.86f eet (Isabella Project Datum) which as 29% of the restricted pool. As part of our interim risk reduction measures, Isabella Lake has a restricted elevation of 2585.5 f(net. September 2M2 Final Dam Safety Modification Report October 29, 2012 Public Information Meeting Mid November 2012 Planning, Engineering and Design October 2012 - Sept 2015 Tiered NEPA Documents: Recreation /Fisheries Real Estate Late 2013 Begin Construction October 2014 (Pending Approval) Project Web page: http://www.spk.usace.army.mil/ Missions/CiVi 11,A1nrkq /i!czPhPllaDam.asp Sacramento District Homepage vvww.spk. usace.army. mil Phone: 916-557-5158 E-maH: I sabel la@ usace - a rmy. mil Follinw Ei-q nn-- * The Final DSMR and supporting documentation was compiled on 12 October and transni ttla-d to the Corps South Pacific Division for review and transmittal to Heacquarters * Schedule for interim product and reviews for FElS are hero g refined to ensure delivery by end of October. 7; District undn-- -pent an on- board review of the comments with the Contractor 3-5 Cct-,-/ber. * T'.1e Final Environmental Impact Statement (FE6) was compk?ted on 14 October 2012 and has been transmitted to the Corps South Pacific Division for review and sub-c.equent transmittal to Headquarters. * Tie draft Real Estrate Design Memorandum QREDM) was updated with the a!r quality "J, nformation and included in the 15 October submittal to South Pacific Division * Coordination efforts continue with the U.S. Fore',slE Service (USFS) on rein estate and recrea-don actions. A 1getter was sent to USFS Region 5 than discusses the challenges of relocating their offices. Je Sacramento 7 District Commanaler met Wth USFS Region 5 on 21 September to establish a path forward. Tha team will continue to communic�'!-.--a directly with their satellite and regional offices. © S.--)K met with local'Xateg- Districts on IC October 2012 in Bakersfield to discuss the recom-mended plan outlined in the DSMR. The eater Districts were generally p*!:sed with the outcome of the study and continued to press expedited action to allow for normal dam operaVons. * A workshop with SOUthern, California Edison (SC,-.) retarding arding a'Lernatives for the Borel Cana was held on 1-2 October 2012 rn ®0 111 AL F, QnzKt 30 days) 0 Final EIS will be transmitted to EP.!-',. on 18 October 2012 -for placement in the 7 Fln.deral Register �y 25 October. A 30 day Public Re'\\iiew will follow 7 0 Draft Coordination Agreement betwa-n-n Caltrans and the Corps for Hwy 1 -7 - and 178 relocation work is due on 19 october 0 The final DSMR and EIS are scheduled for October 29, 2012 0 Public Mn-n-".ings to be held on November 13, 14, and 15 in Kernville, Lake Isabella, and Baker3fleld respectively. L S7E The current pool resides at 86,469 acre-ft, an elevation of 2543.24 feet Qlsabella Project Datum) which i324% of the restricted pool. As part oT'our interim, risk reduction measures, lsabella Lake has a restricted elevation of 2585.5 *Feet (361,250 acrn--f+.). October a092% Final Dam Safety Modification Report October 29, 2012 Public Information Meeting November 13, 14, & 15 2012 Planning, Engineering and Design October 2012 - Sept 2015 Tiered NEPA Documents: Recreation /Fisheries Real Estate Late 2013 Begin Construction October 2014 (Pending Approval) Project Web page: http://www.spk.usace.army.mil/ Missions/CivilWorks/isabellaDam.asp Sacramento District Homepage vvww.spk. usace.army. mil Phone: 916-557-5158 E-mop : Isabella@usace.army.mil FnHnw aE-q nn- a i Special Water Board Meeting November T2012 6. NEW BUSINESS A. Participation in Kern River Weather Modification Program for 2012/2013 Season - For Board Review and Action C O N 7 R A C 7 This coi-,itract entered into this th day of October 2012 by and between NORTH KERN WATER STOEIAGE DISTRICT, a Water Storage District organized and existing under land by virtue of Division 14 of the California Water Code, hereinafter referred to as the "District" and RHS Consulting, Ltd., hereinafter referred to as the "Contractor". WI 7 N E S S E 7 H-, WHEREAS: the Department of Water Resources, State of California, initially issued to the District a perm-_'t for Weather Resources Management (hereinafter referred to as the "permit"), dated July 2, 1980 (P4:-N-mit #11), which authorizes the District to conduct a Weather Resources Management Program (hcrelaafter referred to as the "Prograin"); and WHEREAS: the Contractor has on its staff qualified and recognized weather resources management personnel and other professionals necessary to carry out and supervise the program and has at its disposal the equipment necessary to carry out the progratn; NOW THEREFORE, IT IS AGREED as follows: Contractor shall engage iji artificial cloud nucleation operations during the term of this contract,., within the tar getarea identified by and consistent with the INITIAL STUDY OF ENVIRONMENTAL ASPECTS OF KERN RIVER WEATHER MODIFICATION PROGRAM and the above referenced pernift. The purpose of this cloud nucleation operation is to in precipitation within the target area. The term as of this contract shall cover one seasonal operational period beginning on Noveinber 11 2012 and ending on April 30, 2013. 3. The District has the option of extending the work at its discretion on a monthly basis at the same m(,-)nthly rates (standby plus consumables) by requesting the Contractor five (5) five days in writing prior to the end, of the normal end date of the contract . 4. The Contractor shall furnish and have available for use during the operational period the following equipment and personnel: a. The Contractor agrees to have available on a 24-hour-per-day, 7-day-per-week basis the services of a competent staff to f-Limish full meteorological data. b. The Contractor will maintain real time 24-hour-per-day, 7-day-per-week access and use local NWS NEXRAD Level 11 "super resolution" radar data and latest software designed to track and analyze precipitation areas located in clouds upwind and over the target area. The NWS Han forcl NEXRAD radar will be the primary radar used for weather surveillance and directing aircraft s3eeding operations. c. All basil-.-,, weather data will be processed and archived in the Contractor's Reno office. This informc-11tion will be used to coordinate various phases of the field program. d. A dedicated cloud seeding aircraft will be based at the Porterville or Fresno Yosemite Airport at the cliscretion of the Contractor. This all-weather aircraft win be equipped for dispensing silver iodide Lind other nucleating agents for use in cloud seeding activities throughout the target area. A backup aircraft will be made available for use on the program within 48 hours should any mechanical issues (rise that prevent the use of the piimary aircraft. The contractor agrees that its aircraft and equipment thereon will be certified by the Federal Aviation Administration, an agency of the United States of America, and that any �Znd all pilots operating aircraft by or on behalf of t1ie Contractor shall be duly licensed by th'..­.- said Federal Aviation Administration. Contractor wall fumish the following personnel clun*ng the contract period: (a) One radar meteorologist to be located at the Contractor's Fresno Office One instrument rated cloud seeding pilot to be stationed in or nearby the project area and available to fly with two hours notice day or night. ("'c) One additional relief instrument rated cloud seeding pilot to provide the project pilot required rest during extended storm periods. arding the "d) ation regL I Attend Board Meetings and respond to requests for inforam la an public as requested by the District. program from the med*L iii) Richard Stone shall supervise the progran-t and act the Contractor Representative. 5. The primary nucleating agrent will be silver iodide, which shall be dispensed from aircraft from end-burning or qWctable pyrotechnics. Other advanced nucleating agents may be utilized as special storm characteristics may develop. 6. The Contractor shall prepare all reports pertaining to the program required to be filed by the Contractor and District to comply with Federal and State Law. The Contractor shall furnish daily pr() gram updates including a weather forecast.) prograrn status and recent seeding activities to the District via email on each work-day and on weekends and holidays whenever seedable storm conditions Lire forecast. The Contractor shall furnish monthly operational reports during the full -_.ourse of the cloud seeding operation. As soon as practical after the conclusion of each yearly operational period, the Contractor will furnish the District a final operations summary covering the entire yearly operation. The Contractor shall submit monthly and final reports to the Dist-Lict electronically via email. 7. The Contractor shall furnish and keep in force during the operational period the following insurance: comprehensive public liability and property damage insurance in the amount of not less than $2,000,000 covering the operation of all of its equipment owned or leased including the aircraft and workers compensation insurance. Such insurance shall be maintained at Contractor's cost. With respect to the above referenced insurance policies, the contractor shall deposit (�lertlficates of Insurance with District prior to the commencement of the operational period reflecting the liability insurance and the aviation bodily injury and property damage liability insurance that name North Kern Water Storage District, Buena Vista Water Storage District, Kern Delta Water District, and the City of Bakersfield, and their officers, agents and employees, as additionally named insured. All parties require a thirty (30) day notice of canceIL-ition. C-1 *be for and to indemnify and hold the District harn-iless and Contractor agrees to be rtsponsi free from, all claims of daniage to person or property of any kind or character whatsoever, caused by Contractor's acts of negligence of malpractice in its cloud seeding operations. 9. Contractor agrees to be bound by all laws of the State of California and the Federal Government, and that prior to commencing the operation under the contract for the District') the Contractor shall have in force all necessary licenses and permits from the State of California to so open--tte. 10. This Contract may be can by the District for any of the following reasons upon five days written notice, sent by mail to the principal office of the Contractor. a) The issuance of any court of competent jurisdiction of any temporary or permanent nj�unction against all or any part of the cloud nucleation operations undertaken by Contractor under this contract,, whether the District is a part of said legal proceedings or not. It is understood that the issuance of any temporary restraining order, or any temporary injunction limited by its terms to a period of less than twenty (2?®) days in duration, shall not constitute a basis for cancellation under this paragraph. b) The passage of any ove-71* dingy g legislation by the State of California which shall outlaw,, limit, void or alter in any substantial respect any provisions of this contract, or shall make unlawful or improper in any substantial respects, any of the operations of the Contractor undt-..r this contract. c) For any reason considered in the best interest of the District. In the event of can by the District under or puTsult to the terms of I Oa through I Oc , a all monies already paid to the Contractor by the District shall be reta'ned by the : bovel� I Contractor. A final report on the cloud seeding operations for that season up to the time of such cancell,-:,.,tion shall be ftimished as soon as practical. In the event the District decides that additional precipitation is not desired for any portion of the operational period, the District may suspend cloud seeding operations for any specified portion of such operational period by providing three (3) days notice to the Contractor. In the event the District suspends operations under this paragraph, Contractor will reimburse the District in the aniount of $'250.00 for each day of the suspension. 13. District agrees to pay the Contractor for the set-vices rendered, as outlined in this contract the total sum of ONE HUNDRED FORTY FOUR THOUSAND DOLLARS ($144,000), PLUS AN AMOUNT OF FOUR, HUNDRED NINETY EIGHT DOLLARS ($498.00) PER HOUR OF AIRCRAFT SEEDING FLIGHT TIME PLUS NINETY DOLLARS ($90.00) PER END BURNING FLARE AND THIRTY THREE DOLLARS ($33.00) PER EJECTABLE FLARE FOR SEEDING MATERIALS IN THE PAYMENT SCHEDULE AS SET FORTH BELOW. It is undeistood and agreed that this sum includes the total fee for all aircraft flights and evaluations of the program. 14. Contractor agrees to submit detailed monthly invoices to the District summarizing each month's consul-nables by the 5 th of the month. 15. SCHEDULE OF PAYMENTS: TAYMENT DA71K I Novel_ iber 2012 1 December 2012 1 January 2013 1 February 2013 1 March 2013 1 Apri-I 2013 1 May ,013 707AL.- OPINION 1601 1 $241X0 $20IX0 + November consuniables $201000 + December consumables $201000 + January consumables $20, -try consumables X0 + Fcbru, $20, 000 + March consumables $201)000 + April consumables $1441)000 + all consumables 16. Consumables are considered to be aircraft flight time and seeding materials. 17. The total amount o f thl s contract i s not to exceed $ 2 13 0 12 without a written request and approval for additional services from the District. 18. Any notice to be given hereunder may be served personally or by depositing the same in the United States mail, postage prepaid, and addressed to the party being notified at his address as set fort h below.) or a- such other address as may be hereafter designated in writing. If served by mail, service shall be conclusively deemed to have been made upon deposit in the United States. IN WITNESS WHEREOF, the parties hereto have set their hands and seals to this contract the day and year first hereinabove written. I A I K) I IT] 1 14 -11 1 =1 I P.O. Box 81435 Bakersfield,, California 93380-1435 NORTH KERN WATER STORAGE DISTRICT MONO I IN IMI NJ 101, P.O. Box 17096 Reno, Nevada 89511-2872 General Manager - "NKWSD" RHS CONSULTING, LTD m President - "Contractor" ATTEST: Secretary Date Special Water Board Meeting November T2012 7. MISCELLANEOUS A. Schedule a regular Water Board meeting on January 16, 2013. For Board Review and Action Special Water Board Meeting November T2012 9. CLOSED SESSION A. 1. Conference with Legal Counsel - Potential Litigation Closed session pursuant to subdivision (b)(3)(A) of Government Code Section 54956.9 (One matter) A ADMINISTRATIVE REPORT U ° IF o WATER BOARD MEETING DATE: November 7, 2012 AGENDA SECTION: Closed Session ITEM: TO: David Couch, Chairman Harold Hanson, Commissioner Russell Johnson, Commissioner APPROVED FROM: Virginia Gennaro, City Attorney DEPARTMENT HEAD DATE: November 1, 2012 CITY ATTORNEY SUBJECT: Conference with Legal Counsel — Potential Litigation Closed session pursuant to subdivision (b) (3) (A) of Government Code section 54956.9 (One matter) VG:dll S: \WATER \Waterboard \12 -13 Clsessionadmin \l 1- 07- 12.Potlit.Docx 11/1/2012