HomeMy WebLinkAbout12/24/03 B A K E R S F I E L D
CITY MANAGER'S OFFICE
MEMORANDUM
December 24, 2003
TO: Honorable Mayor and City Co~¢
FROM: Alan Tandy, City Manager
SUBJECT: General Information
1. There was very little updated news on the budget situation this week. It is
apparent there will be no special session. We are, essentially, in a holding pattern,
waiting to see if the Governor's announcement of last week is challenged. With
the holiday season, it could take some time for that to happen or, better yet,
perhaps it will be accepted!
An article from the December 24th LOs Angeles Times is enclosed. It, essentially,
reflects that there is some grumbling about the Governor's decision, but no sign, as
yet, of a concrete movement to stop it.
2. One of the things that came out of the process of planning budget cuts was the
realization that some of the EDCD staff time spent on tax increment issues should
be charged out to that fund, rather than the General Fund. Years ago, we did
charge it out. When we entered a relatively quiet period, after bonding for
Centennial Garden in 1998, we stopped. Since then, we have created two new
project areas, initiated the Baker Street project, Mill Creek, and have several
housing projects underway. The issue will be placed on the next Redevelopment
Agency agenda. Thanks to Donna Kunz and her staff for a General Fund savings
idea!
3. December 22, 2003 marked the 27th anniversary of the City's purchase of the Kern
River water rights from Tenneco-West Inc. In commemoration, Gene Bogart and
his staff, on behalf of the Water Board, compiled the enclosed historical report of
the purchase. Thanks go to Gene and his staff for creating such an informative
and visually interesting piece.
4. The Kern Transportation Foundation has been working on the concept of a ½ cent
sales tax for transportation purposes for some time. Enclosed is a copy of a letter
we sent them, hoping to refine their concept program.
Honorable Mayor and City Council
December 24, 2003
Page 2
5. The most recent status report from KernCOG on the Rosedale Highway
maintenance project is attached for your information.
6. Two court proceedings were delayed this week. The request for a restraining
order on International Square will now be on the docket for December 29th. The
restraining order request to stop construction on the Panama Lane/Highway 99
commercial project will be on, or after, January 5th,
7. The California Public Utilities Commission has set a pre-hearing conference for
January 8th .regarding the proposed PG&F:/NAPG sale. Since the PUC has
granted the pre-hearing, it is an early indication that they will not consider the
transaction a "slam dunk" and will hear some of the contested issues. We will
keep you informed.
8. A memo is attached from the Police Department in response to a request from
Councilmember Benham that they look into the long-term parking of an inoperable
vehicle.
H, PPY HOLID/ Y$ !
AT:rs
cc: Department Heads
Pam McCarthy, City Clerk
Trudy Slater, Administrative Analyst
Eos Angeles Times: Misuse of Gov.'s Role Alleged Page
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Misuse of Gov.'s Role Alleged
State legislative analyst says Schwarzenegger overstepped his
authority in ordering the release of money to local
governments.
By Evan Halper and Nancy Vogel
Times Staff Writers
December 24, 2003
SACRAMENTO -- California's nonpartisan legislative analyst advised lawmakers this week that
Gov. Arnold Schwarzenegger overstepped his authority when he ordered that cities and counties be
immediately repaid billions of dollars lost when he cut the vehicle license fee.
The opinion from Legislative Analyst Elizabeth G. Hill, whom lawmakers of both parties look to for
impartial advice on the budget, comes with Schwarzenegger in the midst of another unilateral action
-- this one involving welfare cost-of-living increases. Both moves threaten to set up a confrontation
in the Capitol and possibly in the courts over just how much power he has over state finances.
Upon taking office last month, Schwarzenegger revoked a $4-billion annual increase in the so-called -~-~
car tax, which former Gov. Gray Davis had raised to help balance the state budget.
Because cities and counties depend on the tax to pay for public safety and other services, Schwarzenegger asked the
Legislature to compensate for the loss by sending other money to local governments.
When lawmakers adjourned for the year without offering any solution, the governor declared a fiscal emergency and
independently directed that cities and counties start being repaid from the state's general fund.
In a letter made public Tuesday, Hill called the governor's order to make $2.6 billion in payments without approval of the
Legislature a "flagrant misuse" of his budget powers and "a serious infringement of legislative powers."
Her declaration comes with the govemor involved in another end-mn around the Legislature: He is refusing to give
welfare recipients a cost-of-living increase that his own administration earlier had acknowledged was owed under 1998
legislation that established conditions for reducing or raising the car tax. That law specified that if the tax was reduced,
welfare recipients would get a cost-of-living increase.
Schwarzenegger~s freezing of $96 million in welfare payments has prompted a lawsuit from the Western Center on Law
and Poverty, which argues that the governor's action was a dangerous breach of the constitutional balance of powers.
Center attorney Clare Pastore said the 1998 law was clear. She said the administration even agreed when it asked the
Legislature to sever the link between car tax cuts and increased welfare payments, and to block the monthly welfare
increase of $25 per family that was supposed to take effect in October.
Without the increase, the maximum that a welfare family receives is about $700 per month.
http://www, latimes.com/news/local/la-me-budget24dec24,1,7739217,print.story?coll=la-headlines-califomia 12/24/2003
~os Angeles Times: Misuse of Gov.'s Role Alleged Page 2 of 3
When legislative leaders refused to grant the request, the governor decided to block the payments on his own.
"The larger theme here is we have a governor who is saying, 'I don't like the way things are, so I am going to say they are
different,'" Pastore said. "That is not how things work in a country of laws."
Department of Finance spokesman H.D. Palmer acknowledged that the administration had initially agreed, but said that
when administration lawyers looked closer at the law they determined otherwise.
Senate Democrats, meanwhile, forwarded the legislative analyst's findings in a letter to the administration Tuesday.
"We're putting him on notice that [the payments to local governments were] of questionable legality and we'll have to see
what actions either constituent groups or the Legislature can take," said Senate President Pro Tem John L. Burton (D-San
Francisco).
So far, however, nobody has stepped forward to challenge the car-tax move in court. Though Democrats, who hold a
majority in both state houses, are concerned about the governor usurping their power, they also worry about incurring the
wrath of local police and fire departments by taking action that stops the flow of money to them.
"We are obviously concerned about the Precedent when a governor takes it upon himself to attempt to appropriate
money," said Assembly Appropriations Committee Chairman Darrell Steinberg (D-Sacramento).
Legislative Republicans said the Democrats are afl.aid that voters would object if they tried to undo the governor's
emergency move with legislative action.
"I think what you have here ... is the Democrats wanting to do something very unpopular and therefore they don't want to
vote on it," said Assemblyman John Campbell (R-Irvine). "They've looked for a way to do the unwanted without having
to go on record."
The administration, meanwhile, plans to start making its bimonthly car-tax "backfill" payments to local governments
Friday unless a judge says not to.
"We believe we are on solid legal ground," Palmer said.
He added that state Controller Steve Westly, a Democrat, supported the governor's move and planned to send the checks.
Westly's office confirmed as much Tuesday.
"The controller's office will provide the local government car-tax funds on Dec. 26 as required by the governor's
executive order," said a statement fi.om Chief Counsel Rick Chivaro. "Questions about the legality of the order will need
to be resolved by the Legislature and the governor."
But the analyst said it was "inappropriate" for the governor to authorize the payments by invoking a budget law known as
Section 27, which gives Finance Director Donna Arduin emergency appropriation powers in the event of costovernms
for critical government services such as prisons and health care.
"The administration's proposal represents both a flagrant misuse of Section 27.00 and a serious infringement of
legislative powers," Hill wrote, adding later in her four-page letter that "the controller has no authority" to write the
checks.
Hill also wrote that the governor's plan "represents a major revision to legislative policy and is completely
disproportionate to the amount of spending authorized by the budget."
Legislative Republicans said they stood by the governor's plan. They said Democrats blocked efforts to get a
reimbursement bill passed in the Legislature, so the governor had no choice but to make the payments by executive order.
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%os Angeles Times: Misuse of GOv.'s Role Alleged Page 3 of 3
~We st~pport the governor showing leadership," said Assembly Republican Leader Kevin McCarthy (R-Bakersfield).
Democrats said they were planning to block the payments only until the governor offered a clear plan of how the
payments would affect other state programs already budgeted to receive the money.
Anxious local governments continue to get caught amid the wrangling. Several officials were not pleased about Hill's
letter.
"This has been a roller-coaster of a process," said Pat Leafy of the California State Assn. of Counties. "This just adds
more uncertainty."
Sen. Deborah Ortiz (D-Sacramento) said Schwarzenegger's moves were indicative of a governor who had clearly defined
himself as willing to bypass the Legislature to proceed with what he believed was the will of the voters. She said it was
now up to the Legislature to define itself.
"Unless we are aggressive in defining our role as a Legislature, we will be unable to do what it is we were elected to do,"
she said. "It is an appropriate confrontation. It is one where we do not cede our power to the executive branch. This is not
a partisan thing. We did this with Gray Davis too, when he declared our role as a Legislature was to implement his
vision."
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Copyright 2003 Los Angeles Times
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B A K E R S F I E L D
MEMORANDUM
December 22, 2003
TO: ALAN TANDY, CITY MANAGER
FROM: GENE BOGART, WATER RESOURCES MANAGE
SUBJECT: GENERAL INFORMATION - THE KERN RIVER PURCHASE
Twenty-seven years ago today, the City of Bakersfield purchased the Kern River
water rights from Tenneco-West Inc. The attached report was compiled on behalf of the
Bakersfield Water Board to preserve the unique history of this Kern River Purchase.
Chapter 1 of the report is a colorful history of the early Kern River and original
Bakersfield townsite that was authored by the Water Association of Kern County.
Chapter 2 was compiled from the memoirs of former City Councilmember Walt
Heisey and City Manager Harold Bergen discussing the events leading up to the Water
Bond election that resulted in the acquisition of the Kern River on December 22, 1976.
Chapter 3 is a statement presented to the City Council in 1981 by Tom M. Stetson
(special water consultant) outlining the numerous Kern River water rights and facilities
acquired with the Kern River Purchase.
I would especially like to thank Steve Lafond and Mark Lambert of our Water
Resources Department for their individual efforts in preserving the accuracy and quality of
this report.
c/m'stmas Hal
It is not very often we see the ownership of a river change
hands. Th, e City ofiBake~sfield's purchase of Kern River~-water
rights and facilities in 1976 re~'ulted in amajor shift f~m
private to public control of this tremendous lbcal resource.
This doChment provides some insights to the colorful history
of the Kern River (Chapter One); the events leading up to the
election and purchase of the Kern River (Chapter Two); and
finally, describes the water rights, facilities and properties that
were acquired with the Kern River Purchase (Chapter Three).
Compiled by the staff of the
City of Bakersfield Water Resources Department
December 2003 '~-
The Kern River:
Chapter
A Legend in Compromise
Changing the Course
Chapter of
Kern River
Chapter~ :n,¢ Purchase:
What Bakersfield Bought
The Kem River: The Kern River is the most southern of the One such explorer was a young lieutenant
A Legend in great streams that flow westward from the crest in the United States Topographical Corps, a
of California's Sierra Nevada Mountains. mapmaking group at the service of the U.S.
Compromise The head waters of the Kern are located near Cavalry, by the name of John C. Fremont.
the base of Mount Whitney in On his third expedition to
one of the. highest, most rugged the west coast, Fremont had
Water Association
of Kern County regions in the United States· with him sixty experienced,
July 1988 The river's main fork is joined dedicated mountain men
by its major tributary, the including Joseph Walker,
South Fork, near Lake Isabella. Alexis Godey, Kit Carson and
Below Isabella, and before a young Philadelphian by the
reaching Bakersfield, the Kern ~ ~ ' "' 55~~ "f~! name of Edward Kern. Kern
River drops over 2,000 feet , ~-" .... ~';: was only 23 years old but
in elevation through the ~,~------- ~· ':~-- exhibited an uncanny sense
treacherous Kern River , ~ ~?.5-: : of direction. Although not
Canyon, and over the years ~- "~ <): c .~ schooled in the art of
has taken hundreds of lives, ~' '~ i topography, he quickly
and is considered one of the learned and became a favorite
most dangerous stretches of ~*~ of Fremont and his men.
river in the United States. In fact, Fremont was so
Today, the waters of the Kern River North Fork taken with the young man that
Kern River are utilized and the river which they had just
distributed in harmony. Each day of the year crossed would be named in his honor...thus
cooperative decisions are made on matters of the river would from that time until now be
mutual concern such as flood control, drought, known as Kern River.
water use and water exchange. But, this was not In 1855, a prospector named Richard
always the case... Keys discovered gold on the Kern River and
established a mining town that bore his name -
The Legend Keysville. In only four short months, 6,000
South Fork Kern River miners [rom the mother
In April of 1776, as a new nation was being lode country poured
born on the East Coast, a Franciscan Priest, into the upper Kern
Father Francisco Garces, was exploring the
River Valley to
untamed and un-chartered. West in a quest to stake their claim
establish missions to' provide comfort and
on this new found
spiritual guidance to the native inhabitants, bonanza.
comprised locally of the Yokut Indian Tribe.
But, not everyone
It was on this journey, after passing through who thirsted for quick
what we know now as the City of Arvin, that fame and fortune were
he came upon the Kern River· successful and soon turned to other endeavors
His impressions of the crossing were so such as supplying food for the gold camps.
vivid that he immediately named the river There were those who could envision a larger
Rio De San Felipe. and more stable enterprise than the fickle
The Rio De San Felipe, later known as Rio prospects of gold.
Bravo, became a recognized landmark crossed They could see the potential of clearing
by explorers and fur trappers who were blazing the fertile land to allow fo'r the raising of
new trails through the mountains and valleys agricultural crops to supply the demands of
of the west. the fledgling state of California. A bigger
bonanza was yet to come.
On September 10,
1863, Colonel Thomas
Baker and his young
: '. family moved into the
former Bohna home,
Downtown Bahersfield Flood, 1893 which Baker had
purchased for $200. Included in
The first known settler in the area of what is the sale were 160 acres of prime
now Bakersfield was Christian Bohna. The farmland on Kern Island. Colonel
large Bohna family arrived in February 1860 Baker's background as a lawyer,
and'set up a farm on what is commonly state assemblyman and a surveyor
known, even to this day, as Kern Island. made him ideal as the founder of
They occupied an abandoned hut built by a this fledgling community. Kerll P~wr Mills
fur trapper, Thomas Fitzgerald. The hut was In 1867, a flood diverted the
located near 21st and M Streets, not far from the Kern River north away from the
Horatio R Livermore and Julius Chester
present site of the telephone company. The Kern Island settlement, and Colonel
constructed what was one of the first major
family adapted well and soon the hut became a Baker set about to clear and sell
canals in California used exclusively for
log cabin. Other settlers soon joined the Bohna property and would soon be asked
irrigation. The Kern Island Canal transported
family, to set up a town site which would water from the Kern River to Kern Lake. The
Although this new land held promise, become known as Baker's Field. Kern Island Canal powered the Kern River
Mother Nature was to deal them a heavy blow. The name was suggested by Philo Mills, a flour mill owned by Livermore and
In December of 1861 rains began falling until Jewett as a tribute to Baker's Chester, located at the corner of S Street and
the banks of the Kern River were spilling over generosity and his common practice Truxtun Avenue in downtown Bakersfield.
onto the new settlement. Disgusted with the of allowing travelers to graze their Eventually, the Kern County Land Company
ever present threat of floods and malaria, livestock on the lush grasses and purchased the Kern River Mills and continued
Bohna left the valley and eventually settled in alfalfa in the field owned by Baker. to produce flour/rom this focally owned mi[[
the Glennville-Woody area. Colonel Baker, being a until 1942.
- Kern County Museum
' · man of great enterprise,
opened a land office
and began selling the
reclaimed swamp land to
anyone willing to settle in this
new city. Roads were being carved
through the foothills, and the
Butterfield Stage carried travelers
from north to south near the
growing town site.
Gordon's Ferry, on the Kern
River, was established as a stage
stop at the base of what is now
known as the Panorama Bluffs,
near Bakersfield College.
While the miners continued to harvest the
precious metal from the upper Kern, progress
was at a fever pitch in the valley below. New
settlers were moving in each day such as Julius
Chester, Horatio Livermore and Richard
Hudnut. The fertility of the area and
the hard work of its citizens were
Julius ghester starting to pay off. Sheep men, such as
Solomon Jewett and General Edward E
1831-1890 Beale, and others would begin raising
great flocks to supply the miners. Prompted by the Haggin-Tevis-Carr
Cattle ranchers, such as Ferdinand organization, which now owned their own
Julius Chester
was born in 1831, a Tracy, Wellington Canfield and George canal and water system, other farmers began
Connecticut Yankee Young, would also.make a contribution to dig their own canals, purchasing their water
who came to to this growing community known as from the Haggin-Tevis-Garr group and bringing
California in 1854. Julius and his brother Bakersfield. irrigation water to every farm in the region.
George arrived in Bakersfield about the time As the swampland was drained and Henry Miller and Charles Lux, wholesale
Colonel Thomas Baker was laying out the cleared, canals were dug and levees
meat producers and retailers, also owned and
future city of Bakersfield. Julius was the built. Soon Colonel Baker had the claim were developing most of the swamp lands
owner of a large mercantile and livery to over 89,000 acres of reclaimed swamp between Buena Vista and Tulare Lakes. They
business and the town's leading citizen, and marsh land. By 1869 the demand also owned thousands of acres of range land
A man of many endeavors, Julius Chester ran for Kern County land was increasing, that extended as far as San Francisco.
a saw mill, herded sheep and founded the
In 1871, the permanent population Because there was no recognized system
newspaper "Southern Californian" in
was over 600 and the small city was governing the use of the waters of the Kern
Bakersfield. The first Wells Fargo agent,
Julius operated a freight business and the boasting of a bustling business district, River, each user took what he needed and a
Overland Stage Coach in which he laid out a a school and other development water rights controversy began to erupt.
new route to Visalia by bypassing the Sierra brought on by civilization. Even with
foothills. In 1860, the California State the apparent success of these pioneers,
Legislature approved of a Tulare-region land hardship and danger were always close
sale of $1.00 per acre. Julius bought land and at hand. ~ot~ther Ditch Plow
petitioned the state legislature for the right The Kern River continued to flood
to irrigate the farmland. In 1871, Julius periodically and Colonel Baker, after
Chester and H.R Livermore dug the Kern falling victim to typhoid fever, died of The Souther Ditch Plow was nafined for
William Henry Souther, superintendent of the
Island Canal from the foot of the Panorama pneumonia in November of 1872. But
Horatio P. Livermore land holdings in Kern
Bluffs to the flour mill owned by Livermore. his hard work to establish a place for County from 1874 to 1878. W.H. Souther had
It is believed that the digging of the Kern others to live and raise families would
Island Canal was to bring a reliable source of his enormous plow constructed near Hollister,
water to Julius' farmland and Livermore's never be forgotten. California and transported on the Southern
flour mill. Because Julius now had a reliable To provide water for the growing Pacific Railroad to Bakersfield. The plow was
water source, he brought cotton farming to agricultural community, canals were constructed to build the Kern Island Canal in
Bakersfield to help out the Civil War effort being dug to divert Kern River water to 1874. The Kern Island runs from the foot of
with a supply of cotton fabric. In 1871, Julius those areas in need of irrigation. One Panorama Bluffs through Central Park in
was one of the founding members of the such canal was the Kern Island Canal downtown Bakersfield past the Beale Library
California Cotton Growers and Manufacturers constructed by Horatio P. Livermore. and on south to water the fertile fields of the
Kern Lake bottom. The plow reportedly could
Association. Julius Chester died in San After construction began, two
Francisco on May 3, 1890, at the age of 59. wealthy men, James B. Haggin and cut a furrow five feet wide and three feet deep.
In recognition of their contributions to the Lloyd Tevis, along with a powerful Weighing 1,800 pounds and requiring forty yoke
community, several Bakersfield streets, overseer, Billy "Boss" Carr, would of oxen to pull this massive piece of machinery,
namely Chester Avenue, Chester Place and the Souther Ditch Plow proved an inefficient tool
Chester Lane, were named in honor of Julius purchase 59,000 acres of rich Kern for excavating a canal. The plow was abandoned
and George Chester. Delta land, including Livermore's canal on H.P. Livermore's Greenfield Ranch (located
and the Kern Valley Water Company south of Bakersfield)in 1875.
on the west side. - Kern County Museum
The Compromise
In 1875, Oliver P. Calloway started to build a
canal on the previously undeveloped north side
of the Kern River that would be used to irrigate
35,000 acres. Due to the lack of financing,
however, Calloway could not complete the
project. Meanwhile Haggin, Tevis and Cart
aided by passage of landmark legislation in
Washington called the Desert Land Act, laid
claim to the large portion of the Calloway land.
With purchases of additional railroad property,
Haggin, Tevis and Carr soon became the largest
land owners in the area. They continued where
Calloway left off completing the Calloway Canal. Bakersfield Courthouse, circa 1888
After Miller and Lux appealed the trial court
decision, the Supreme Court rendered a land-
mark decision which established water rights
law for California and other western states, and
directed that the case be reviewed on certain
issues. Rather than pursue further litigation,
Henry Miller proposed a compromise. This
compromise brought about a settlement of the
water dispute that had taken so much time,
~ ~ energy and resources to fight.
Calloway Canal, circa 1915 According to the agreement, Kern River
water would be jointly measured above
By 1879 the completed canal worked so well Gordon's Ferry at a site to be known as First
that it diverted the remaining flow of the Kern Point of Measurement. One third of the water,
River north through the Calloway Canal. during the six spring and summer months,
Downstream, the farms and sloughs were left would belong to downstream lands owned
high and dry. Cowboys and farmers alike by Miller and Lux. The one third water
retaliated by sabotaging the new'Calloway allocation would be delivered to the west side
weirs. Tempers ran high and a lengthy court in undiminished quantities to a site known as
battle began that would establish water rights Second Point of Measurement. Haggin and
law for the State of California. This battle Tevis and the upstream canal companies would
would rage for the next nine years both in and get the rest. In addition to the
out of court. The lawsuit was known as LUX other concessions, they would
vs. HAGGIN. assist in constructing a reservoir
Miller and Lux claimed title to the water, out of Buena Vista Lake .for
asserting they owned the land on the natural Miller and Lux, that would
course of the river, commonly known as a be used to store high flows not
Riparian Right. Their land was located along utilized by the upstream group.
the west side of the valley between Buena Vista The agreement was signed on
and Tulare Lakes. July 28, 1888, and ratified by 30 .,.~,
Haggin, Tevis and Carr claimed the water corporations and 77 individuals. ,a.~
along the east side of the valley on grounds of Little did they know that this
prior appropriation, and that their endeavors historic Kern County Water
were to go for a greater common good. The Agreement would go on to
court battle waged on with volumes of testimony constitute the basis for water
being accumulated. The trial court ruled in rights on the Kern River for
favor of Haggin, Tevis and Carr. generations to come.
"'- IsabellaPr0jectAuth0rizati0n
~: * .:. .f4~._A./ A Boom Town Emerges
'"--'-...'-, !?,
"~ ~:~ {~t ~ The townspeople of Bakersfield were
I'~ /'~';-~" . ecstatic about the Miller-Haggin agreement The Isabella Project, Kern River, California
as the uncertainty of the water supply for their
(~ ft~ 1944, approved December 22, 1944, the
..'..':-~t'.. ~ ~ ii lands was finally settled. But their joy was to pertinent portion of which follows:
be short lived because on July 7, 1889, the
entire business district of Bakersfield burned "The project for the Isabella
to the ground. Reservoir on the Kern River for flood
However, Bakersfield's community spirit control and other purposes in the
could not be destroyed, and out of the ashes a San doaquin Valley, California, is
newer and bigger downtown Bakersfield arose, hereby authorized substantially in
From this point forward Bakersfield accordance with the recommendations
continued to grow. A few years later, of the Chief of Engineers in his
just before the turn of the century, oil report dated 26 January ~944,
contained in House Document
K~r~ ~v~r Wdl~/ CO]I~C~O~ was discovered and with this discovery ~umberodS,$, $.wnthy-eigbth
a boom town would emerge. Congress, Second Session,...'
Even with the new found wealth, the
During the early 1900s, the Kern River was area continued to be at the mercy of
harnessed for hydroelectric power which the Mother Nature experiencing both floods
growing cities of California needed, lhe towns and droughts that through the years The modern era has greatly impacted the
of Kern Valley were hopping as power company caused millions of dollars of damage. Kern River and its daily operation. Major weirs,
workers swarmed. A good road from the Kern
In 1944 Congress passed the flood which allow [or canals to carry water away
Valley to Bakersfield along the Kern River
control act which authorized the from the river, originally constructed of wood
connectin9 the power projects was clearly
needed and was built in portions for several construction of Isabella Dam. Although have been replaced with soundly engineered
years. It was finally flood control was its main purpose, other concrete and steel structures. Engineers,
completed in 1926. benefits accrued from its construction realizing that floods o[ great magnitude will
At the time, such as recreation, fish and wildlife, occur on the Kern River in the future, as they
Western movies electrical power generation, and have historically, have developed a maintenance
were all the rage improved water supply for irrigation, program that will help to ensure safe passage
and movie The project was completed in 1953 of water in the Kern River Channel through
companies began and Kern River water was first stored Bakersfield.
to come to the behind the new dam beginning in
Kern Valley to film. April of 1954.
Soon there was
so much filming
activity in Kemville
that the town built a special street of false
fronts which they named Movie Street. Some
o{ the actors who were seen in the Kern Valley
during those years were Hopalong Cassidy,
Roy Rogers, Tom Mix, Yvonne DeCarlo, Hoot
Gibson and Gene Autry.
A dam on the Kern River in the Kern Valley
was being considered as early as 1913 but
was finally authorized by the United States
Congress in 1944. Many of the residents of the
Kern Valley were in shock when they were told
their homes were in the way o{ the new lake.
The entire towns o{ Kernville and Isabella
were to be under water when the dam was
completed. The work consisting of two
side-by-side dams was started in 1948 ar{d
completed in 1953.
Isabella Spillway
established in 1869 with 250 residents. Swamp
Changing the lands were being drained and the Kern River ~ ,::
CourSe of flood plain was rapidly being developed by ; :.
~ agriculture. The City was slowly beginning to ' ' .... :
Kern Rivergrow into the dominant trading center of the 1)IV~$10N
southern San Joaquin Valley.
by Walter E Heisey The City had no reason to foresee a day sr,~c,e K c c co e~wc ~r z~ ~r
and Harold. Bergen when its residents would be confronted with a ~.0 ~0
January 1989 concern for water. The Kern River was at its : .
~ KE.I~I "RI~ER ¢ONZ~IT
doorstep and the water table was so high that ~zo~ zo cmr~o
5 KCC, &
green fence posts frequently took root and ~,, ~o5 to5 sotrrnro~
became trees· The future growth of our ~o5 ~o
community and its great need for a secure and 5~o5 zo
?o05 ,YO SWN~
expanding source of good water for municipal ~05 ~0
~: ' ~05 150
and industrial users would remain a remote x ~x ~z0.~ ~0
problem for future generations to deal with. ~. ~ ~0
10002 qO JOHNSON
~, 1130.~ 130 "PIONF-..~ (/st)
11~05 ~0 ~/~$L~Y (/st}
In 1555, Henry Miller and ? ,~5~5 ~'° ~o~
James B. Haggin...were dividing ~ ,~ ,o ~,~o~
up the waters of the Kern River ,~,~5 ~ ,~,~-~
~Y165 I00
ISF-P~SL.~Y 70'I
by solemn contract and ~, ,,o
agreement; the City was not ~ =
even
renresenterl.., u~, ,,o
L 7g.~ ~ 1'70 PION~.~"R fi.M)
31065 ZqO
Men of agriculture showed great acumen ~"' '~ ::' ·
and foresight in vigorously acquiring water " '
rights, building canals and expanding agriculture.
In 1888, Henry Miller and James B. Haggin,
along with many others, were dividing up
the waters of the Kern River by solemn
contract and agreement; the City was not even
represented. No ~oice spoke out on behalf of
the people of Bakersfield or their heirs. The
water went to ever-expanding thirsty lands.
Weirs were built above the City, siphoning
off water that had previously fed thg great
underground water table of the City.
In 1900, Judge Lucien Shaxv issued his
historic findings and decree ordering in detail
the division of the Kern River water among
the various right holders, detailing the areas
the canal companies served and the priority
of flows of water to which each was entitled.
This decision went a long way towards bringing
peace on the river as between agricultural
interests, but did nothing to protect the
interests of urban Bakersfield.
By 1900, the City of Bakersfield had a 300,000 , BAKERSFIELD L
population of over 4,000 inhabitants. However, 250,000 . POPULATION~ [
with stagnant sloughs and excess ground water 200,00o ....... :~
in wet years, no one seemed to notice that an 450,000 - -
ever' tightening grip was being taken on Kern ~00,000
River waters which were being diverted away so,ooo
25,000
from Bakersfield for the near exclusive use
20,000
of agriculture. 15,000
Since the turn of the century, we saw the lO,OOO
great Kern County Land Company move to s,000
consolidate its ownership of the major canal 2,5o0
1,000
companies and water rights. In more recent
SO0
years, we have seen its successor, Tenneco 0
West, embark upon a progressive program 187o 1880 1890 1900 1910 1920 1930 1940 1950 1960 1970 1980 1990 2000 2003
of liquidating much of its agricultural land
and vigorously proceeding with the industrial
and urban development of other large parcels Through changes in the City Council body
adjacent to the City of Bakersfield. in the spring of 1967, the Water and City
The City first became actively aware of its Growth Committee was placed under the
water needs and shortages with the advent of chairmanship of Walter E Heisey, where it
remained for the next eight years. The other
the State Water Bond election to build the vast
members of this three man committee varied
State Water Project. The State project became a
reality through the affirmative vote of the people through the years and consisted of Dr. Richard
Stiern, Mr. Keith Bleeker, Mr. Robert
of Bakersfield. The City didn't question how it '
Whittemore, Mr. Don Thomas and Mr. Don
got into a water deficit position, but it expressed Rodgers. The latter succeeded to chairmanship
its wholehearted support of agriculture at the
polls and the urban area agreed to take 77,000 in May, 1975.
The study by Mr. Stetson of the City's water Walter E Heisey, Chairman
acre-feet of State project water when available needs revealed that we were in a deficit water
and the Kern County Water Agency was Bakersfield Water and
position. Our major water purveyor, the City Growth Committee
formed to administer the State project water.
California Water Service Company, was regularly 1967 - 1975
The Kern County Water Agency attempted finding it necessary to deepen its wells and
in 1967 to form a Municipal Water District
and build a cross valley canal. This maneuver occasionally to abandon wells due to poor
was soundly beaten at the polls and the City quality or due to uneconomic output.
council formed a "Water and City Growth
Committee" as a standing counsel committee
with Mr. William Parks, Chairman, and Dr.
Richard Stiern and Mr. Richard Hoskings,
members. They were instrumental in obtaining
Mr. Thomas M. Stetson, well-known water
engineer, as consultant for the City of
Bakersfield. The objective was to study the
City's current and long term water needs and to
recommend an alternative program of action.
The Acquisition Team
Left to right: Harold Bergen, Thomas M. Stetson, and Ken Hoagland
The City had previously spent five yearsin Harold ~Bergen
study and negotiations searching for an alternative ·
to their participation in the Cross Valley Canal, Bakersfield City Manager
a proposed eighteen-mile long canal that would April $, 1966 to December 26, ~ 980
be used to convey state water from the
Harold Bergen was born October
California Aqueduct to the Bakersfield area. We worked with one
30, 1928. After graduation from high
The conclusion was finally reached that to
ensure our community's future we needed both overriding princie in mind.., scho<Harold served three years in
the United States Coast Guard and
the state project entitlement water transported the acquisition was not to bea was honorably discharged in 1949.
to urban Bakersfield as well as a re-establishment burden on the taxpayers... In 1951, he received his AA degree
of our Kern River water rights, from Reedley College. Three years
The 77,000 acre-feet of State Project Water later he obtained a BS degree in
would take care of our needs for the next thirty Civil Engineering from the University
years; beyond that date we needed our own Certainly we were interested but with an of California in Berkeley. After
firm supply of Kern River water. The Kern election pending it was not the time to make graduation from Berkeley, Mr.
County Water Agency had levied a substantial such an offer public. However, with the election Bergen worked a short time for the
tax on the urban area to pay for the state entitlement, out of the way in September, we authorized our City of Sacramento before hiring on
This state water tax had to be paid whether or staff and consultants to seriously negotiate with with the City of Bakersfield as an
not we received any of the state water. Tenneco toward acquiring all of their interests Engineer II in 1955. In 1958, Harold
Having set our course, the City Council in the Kern River in settlement of our lawsuits was promoted to City Engineer and
then in 1962 to Director of Public
appointed a "Citizens Advisory Water and also to exploring methods of financing the
Works. [n 1980, after serving as
Committee," under the chairmanship of Mr. acquisition. Bakersfield City Manager for 14
Francis A. Moore Jr. to ensure passage of the We worked with one overriding principle years, Mr. Bergen retired and went
local bond issue to build the Improvement in mind - that the acquisition was not to be into private business.
District No. 4 Treatment Plant and its share a burden on the taxpayers but pay for itself A tireless and devoted public
of the Cross Valley Canal. The election was over a reasonable period of time. It followed servant, Harold Bergen led the City
to be held on September 12, 1972. that we could then afford to pay for the team in pursuit of the Kern River
This council committee was subsequently system whatever sum we could finance out Purchase from Tenneco West, Inc.
consolidated with the Chamber of Commerce of water revenues. With the acquisition of the Kern
sponsored "Citizens for Water Committee" River on December 22, 1976, the
into one unified group with Mr. Fred Morris, City of Bakersfield's claim to its
rightful share of Kern River water
General Chairman; Mr. Ralph Zellers, Publicity --'~-i-~-('--;F( ~),7;? rights was finally realized.
Chairman; and Mrs. Francis Moore Jr., Finance
Chairman.
As chairman of the Water and City Growth
Committee, Mr. Heisey personally addressed a ' '
great number of community organizations ..~
encouraging support of the bond issue. At a time
when most bond issues were failing statewide,
the election to bring state water into Bakersfield
and build a water treatment plant passed with
an overwhelming 73.5 percent vote of approval.
In recognition of the hard-fought election,
Mr. Heisey received a personal letter from the
Kern County Water Agency signed by W.C.
Bryant, Engineer-Manager, thanking him for his
efforts, support and assistance in passage of the
bond issue.
It was during this same period of campaigning
on the bond issue in the summer of 1972 that the
City Manager was approached by a representative .
of Tenneco asking if the City would be interested
in buying all of the Tenneco rights on the Kern
River in settlement of our lawsuits.
VOL 88 ** 4 SECTIONS BAKERSFIELD, CALIFORNIA, MONDAY. APRIL 15.1974 36 PAGES No. 105
Report supports city The water Following on July 30, 1973, City Council
water buy Purchase part rights of unanimously took the following action:
of lawsuit Tenneco, the
When the Bakemfield city council held session in
July1973, they agreed to a water rights pumhase compromise /~ / operation of the 1. Approval of lawsuit settlement by
plan that City Manager Harold Bergen later called ~--~J acquisition of water rights of Tenneco
the "...most important council action in 50 years.., canal companies,
and maybe for the next 50." ~ the revenues and expenses, West, Incorporated, for $1 7.9 million.
~ 2. Authorized staff and committee to work
-_ ~-~--~-Y ...... the handling of flows in years of
-~'~-~-' flood and drought - all these questions and many out details of financing and payment.
more required answers. There was only one 3. Authorized employment of special bond
person in Kern County who really had the counsel and financial consultant.
answers and that was Mr. William Balch of Present: City Council
"We achieved far Tenneco, who was also the Kern River City Staff: City Manager
Watermaster. City Attorney
more for the citizens He was the same one we were bargaining Consulting Attorney, Ralph Helm
~'9'~r-'~og~'~'aUercr~da than with for the settlement. Tenneco was fortunate Consulting Engineer,
Thomas Stetson
we had dared to have a man of his caliber and character. Harry Kerr, Co-plaintiff,
It has also proved fortunate for the City of California Water Service Company
dream." Bakersfield. The City was always able to rely
on his word and advice in simple as well as
- Walter F. Heisey - complex matters. Facts and figures that had
beensealedawayfornearlyahundredyears 0 ~ 0
were turned over to our consulting engineer
and our consulting attorney in order that the
City could have a complete and understandable
profile of the river as to its flows, uses, commitments,
contracts, and future expectations.
"On June 1973, a luncheon meeting was held at the Hilton Hotel in a
private dining room with Mr. William Balch and Mr. Jack Fox of Tenneco West.
The City staff and consultants were present as well as our City Council Water
Committee.
Mr. Jeptha A. Wade Jr., Vice-President/Chief Engineer and Mr. Harry Kerg, Vice-
President of California Water Service Company, were also present. I explained to
the representatives of Tenneco that I was speaking as the Chairman of the City
Water and Growth Committee with the full concurrence of the full City Council to
make binding agreement.
Their asking price at this point in time was $20 million. We on this occasion
made our first official offer of $17 million. Their reaction seemed to be one of 1976 Water Bond
sincere interest and they agreed to present it to Mr. Askin, Executive Vice-
President of Tenneco, who was to be in Bakersfield from Houston later in the While the foundation for purchase of Tenneco's
week. assets had been established, dancing in the
On Friday, June 22, 1973, at a second luncheon meeting at the Bakersfield streets would have to wait until a myriad of
Country Club together with some subsequent telephone conversations held that details could be worked out. Specifically, the
afternoon the purchase was completed for a total of $17,900,000 subject to City acquired all of Tenneco's water rights,
ratification by the Council and in consideration of settlement of all lawsuits rights-of-way, canals, head gates, and operating
pending. There were many details to work out; however, I never doubted for a equipment and roiling stock plus their storage .
moment the sincerity of Tenneco. We achieved far more for the citizens of capacity at Lake Isabella, together with 2,800
Bakersfield than we had dared dream." acres of land in the Kern River floodplain west
of Bakersfield.
Walter E Heisey
From this point on, our acquisition was
~ ~/ primarily one of resolving the financing and
fighting off the slings and arrows of those who
would have liked to see our program fail.
Watermr
During the 1954 contract negotiations between the United States
of America and North Kern Water Storage District (representing the
First Point water interests), Buena Vista Water Storage District, Tulare
Lake Basin Water Storage District and Hacienda Water District
(collectively "water districts") to provide for the operation and
maintenance of the conservation storage space of the Isabella
Reservoir, it was determined that a single voice, or Watermaster,
would speak for the various water districts o~ matters pertaining
to operation of Isabella
"Th~, role o/ any Engineers, acting forthe
United States, was to store
smgte'' individual and regulate the Kern River
cannotoutweigh the water to whicl~'the districts
were entitled under the
significance of the direction of the Watermaster.
City's acquisition. According to the 1962
Kern River Water Rights and
( PrIvate)' companies Storage Agreement by and
come and go, but the among the water districts,
the Watermaster shall
bond between the "prepare and keep complete
City of Bakersfield records on a daily basis of
the flow of the waters of
and the Kern River Kern River and the storage
willlast along, thereof in and release thereof
from Isabella Reservoir and
long time. shall prepare and deliver
to each district reports
- William T. Balch - summarizing such records...".
former Kern River In addition to maintairiing
Watermaster and General
Mhnager of Kern County daily contact with the Corpus
:'- -.Canal a.nd .Water Company on Lake Isabella operations~.
"~ fi~ the Watermaster coordinates
the diversion of imported ;.
· water supplies into the Kern River Service Area on behalf, of the
' :Water districts he represents and routinely monitors development
,/and environmental activities in the Kern River watershed, Kern River
Valley an~dz~Kern River below Isabella as to how they may impact the
current~,, and future operation of Kern River. The Watermaster~,. has
eveh:been known to mediate disputes among the various Kern River
Th'~ Watermaster utilizes C~ntral Records staff to p6rform ~he
-' a~tual'd~ily mea~urements~of Kern River flow and diversion. Based
upbn'the r~sUlts o~-these' measurements, re eases from' Is~bella~Dam'
~re made iff accordance with all~prior, e~(istin~ agreements on Kern
~R~ver, beCl~nmng:w~th the Mdler-Hagg~n Agreement of 1888. S~nce
~ Bakergfield Water Resources Departmefit. ~<~ ¢~ ' "-,
We found that we could finance the entire
2800 ~l[[~l WAT~IR B~K purchase through the sale of water for a limited
~ period to various agricultural interests. We
also learned through Mr. Stetson that the
The propertjes acquired from power consortium headed by the Los Angeles
Tenneco West, Inc. by the City of Department of Water and Power was interested
Bakersfield included approximately in possible stand-by water as coolant for a
2,800 acres of land situated along the proposed nuclear power plant to be built near
Kern River between the extension of Wasco. An E.I.R. was initially prepared on this
Renfro Road and Interstate Highway 5. project which ran into considerable opposition
The site was approximately six miles
from both environmental groups and the
long and included old river channels
and overflow lands, part of the natural agricultural community. Kern Delta Water
District had also filed an action against Tenneco
recharge area that existed prior to
operation of Isabella Dam. The sandy and the City, and the County of Kern also
soil was ideal for percolation of water entered this action as an interested party.
into the underground aquifer, so the In order to bring harmony on the water
City set out to create the first municipal front, the City in the fall of 1974 abandoned
water bank in Kern County. In so doing, the proposed agreement with the power
the 2,800-acre spreading area has far consortium and proceeded to finance the Kern
outgrown its original contemplated River acquisition through contracts with five
uses and, in fact, has become the local irrigation districts for the sale of water
prototype for the water banking over the next thirty-five years.
industry not only in Kern County but
Further, the City reached a settlement of
throughout the State of California.
Kern Delta Water District's suit by agreeing to
However, according to the memoirs of
' sell the Kern Island Water Company canals and
Walter F. Heisey, this piece of the Kern
River Purchase almost didn't happen: water rights to the district for $3,500,000.
Having accomplished this, a new Environmental
"For the 2,800 acres, which we Impact Statement was prepared and a hearing
bargained for and received almost as an afterthought, we are indebted to was held on August 18, 1975. Opposition at
Mr. Alan Watts, a former Kern County Land Company man. He came by my this point turned to support. The final
office one day to point out the necessity of having this flood plain land to Environmental Impact Report and Hearing was
assist with water management in wet years. APrer passing this information held September 29, 1975, clearing the way for a
on to the City Manager it was quickly incorporated into our agreement, complete settlement and general obligation
If tho suggestion had come much later, we might well have missed out on bond election.
this valuable asset." - Walter F. Heisey
Since the date of acquisition of the 2,800-acre property, the City has
invested over $2 million in infrastructure on the land,
including major weirs, levee construction, man-made off
channel spreading basins and inter-basin head gates and
measuring devices. In addition, 25 production wells dot
the property, providing for recovery of previously
banked groundwater in dry years. Since the first drop of
water was spread in the 2,800-acre recharge area in
February of 1978, water spreading operations by the
City and its 2,800-acre contractors have totaled over
1,300,000 acre-feet.
The "original" Second Point of Measurement
In November 1976, the City of Bakersfield
submitted Water Measure "B" to the voters to
secure the financing and to obtain the best
possible interest rate. Over two-thirds of the
electorate voted in favor of the general obligation
bond, as follows:
SPECIAL MUNICIPAL ELECTION ,'
November 2, 1976
CONSOLIDATED WITH STATE
GENERAL ELECTION
GENERAL OBLIGATION BOND
BOND PROPOSITION
"Shall the City of Bakersfield incur a bonded
indebtedness in the principal sum of
$15,500,000 for the acquisition of all Kern
River water, water rights, waterworks and
water facilities of Tenneco West, Inc., Kern
Island Water Company and Kern River
Canal and Irrigating Company described in
the Acquisition Agreement entered into by
the City as of April 12, 1976, and all expenses
incidental to or connected with the authori-
zation, issuance and sale of the bonds?"
YES - 19,738
NO - 8,914
The City of Bakersfield, almost ninety years
after the original Miller-Haggin Agreement, was
finally assured the City's right to water in the
Kern River. Our requirements are met for the
next century and a valuable natural resource
has passed from the whim of private ownership
to the custody of a responsible government
body that is close and directly responsible to
the will of the public.
It would now be the obligation of the City
of Bakersfidd to protect this invaluable local
resource for our future generations.
Bakersfield to prepare a study and report on negotiate various means of acquiring Kern
alternative sources of water supply for the River water for use in the urban Bakersfield
The Purchase: Bakersfield urban area. There were four principal area, mainly through exchanges for State
What sources of water supply then considered available Project water. These efforts did not succeed.
~'" ~' "*na~'er~r;e~'~ to the Bakersfield area. These were: (1) local After a number of years of such negotiations '
ground water; (2) Kern River water; (3) Central the City decided to institute legal proceedings
sougnt Valley Project water through the proposed East to acquire Kern River water for the long-term
Side Division; and (4) the State Water Project needs of the Bakersfield area.
Statement of through a contract with the Kern County
Thomas M. Stetson Water Agency.
February 1981 The continued reliance on the ground water ...the irrigation system of the
basin as a sole source of supply; although an Kern County Land Company
economical source, was fraught with uncertainties
as to its dependability and future quality due to was described as the greatest
the large overdraft on the ground water basin, irrigated farm in the world...
A dependable supply of water was not available
from the Central Valley Project. The proposed
East Side Division had not been authorized. Its The Kern County Land Company, formed by
timing of construction was very uncertain, and James B. Haggin, W.B. Carr and Lloyd Tevis in
1890, was acquired by Tenneco in 1967. On
now it appears that the East Side Division may
never be constructed. September 29, 1970, the City of Bakersfield and
Kern River water was recognized as a source California Water Service Company jointly
that may be available and could possibly be initiated litigation claiming in interest in Kern
River water against various subsidiaries of
obtained through exchanges for State Project
water. State Project water was available and Tenneco West, Inc., and other parties with
was considered to be of suitable quality and interests in the Kern River. Also, on the same
dependability but it was the most expensive date the City of Bakersfield initiated an action
source of supply. It was considered that to condemn various subsidiaries of Tenneco
obtaining a supply of State water and then and other Kern River interests seeking to obtain
exchanging that supply with Kern River the first 77,000 acre-feet per year of water and
interests for their Kern River water would be water rights of the Kern River. (:% quantity of
77,000 acre-feet is the amount of water projected by the Kern
a feasible method of obtaining a long-term County Water Agency to be required to meet the future water
water supply for the Bakersfield area. needs of the urban Bakersfield area through the year 2000.)
FUNDAMENTALS OF CALIFORNIA WATER RIGHTS
In California, we have what is commonly known as a dual-system of water rights. It is based upon two legal doctrines - riparian and
appropriative. When California was admitted to the Union in 1850, the legislature adopted the common law of England which includes the
doctrine of riparian ownership. Lands which abut upon a water course have the right in common with other riparians to use water on that J
land so long as it has never been severed legally and physically from the water source and is located within the watershed.
The appropriative doctrine came to California with the early miners. They needed water for their mining operations, but they usually did
not own the land. Most of the mining in those days was on government land. Also, much of the land in California is arid and the stream flow
decreases appreciably in the summer months. Therefore the doctrine of prior appropriation was recognized by the courts. The doctrine of
prior appropriation is based on the concept of "first in time is first in right." In other words, those who used the water first retained a priority
over those who came later. Also, this is very important, under the doctrine of prior appropriation the land on which the water is used need
not be riparian to the water source. This doctrine was formally recognized by the Legislature in 1872 when it incorporated into the Civil Code
the procedure of posting and recording notices of appropriation.
The history of water rights on the Kern River is long and complicated. In some ways it is unique because the great bulk of the waters of
the Kern River were being utilized before California adopted the Water Commission Act in 1913 to regulate appropriations of surface water
through a State agency. Prior to that time appropriations of water were made by posting a notice at the point of diversion, recording a copy
of the notice at the County Courthouse, constructing the diversion and conveyance works and putting the water to beneficial use.
Thomas M. Stetson
Law of the River
Significant irrigation with Kern River water began in the
1860s. By 1873, six canals furnished water to about 7,000 acres of
irrigated land. By 1880, the irrigated land area had increased to
about 40,000 acres. 5 Kern County irrigation districts (North Kern
By 1874, the Southern Pacific Railroad had reached Bakersfield. WSD, Cawelo WD, Kern-Tulare WD, Rag
James B. Haggin purchased many of the odd-numbered sections Gulch WD and Rosedale-Rio Bravo WSD)
of land which had been granted to the railroad by the United that entered into long-term water supply
States government. The Desert Land Act of 1877 made the contracts with the City in 1976
even-numbered sections available to entry. Entrymen under that
act bought water from Haggin's canals in order to prove that 20 Diversion amount in cubic feet per second of
water supplies were available to their lands so that they could the City's Castro water right
perfect their entries.
An article in the publication "Irrigation Age" in the 1890s 22 Day of December 1976, that the City acquired
described the irrigation system of the Kern County Land Company, the Kern River assets of Tenneco West, Inc.
started by Haggin, as the greatest irrigated farm in the world.
The company owned 400,000 acres and had 125,000 acres 34 Percentage of Isabella Reservoir conservation
developed to alfalfa, storage space owned by the City
In the early 1880s there were two large land interests
competing for the waters of the Kern River. The Miller and Lux :~,~ The term in years of the Basic Contracts
interests had acquired large areas of overflow lands along the
channels of the lower river through which waters of the Kern :~00 Established right in cubic feet per second of
River flowed into Buena Vista and Tulare Lakes. Upstream on the the Kern Island Canal
Kern River the Haggin interests (later the Kern County Land
Company), controlled large areas of land in the area north, south 'i,008 Average daily discharge of Kern River in cubic
and west of Bakersfield, constructed canals and used Kern River feet per second
water on lands which were not riparian to the river. Such water
was acquired by the Haggin interests under the appropriative :~,[~00 Acres of land along the Kern River between
rights doctrine. A significant conflict developed after the drought Renfro Road and Interstate 5 acquired by the
of 1877 when there was not sufficient water in the Kern River to City of Bakersfield as part of the Kern River
supply irrigation water to both of these areas. Purchase
The Miller and Lux interests, holders of the riparian lands in
the lower portion of the river, brought suit against the Haggin 14,494 Elevation in feet of Mount Whitney located in
interests in an attempt to enjoin the diversions under the the Kern River Basin, the highest point in the
appropriative rights doctrine. This was essentially the first large- continental United States
scale legal test of the system of water rights which should prevail
in California - whether or not the riparian doctrine would take 70,000 Acre-feet of Basic Contract water deliverable
precedence over the later appropriative rights doctrine in by City during each year of the long-term
California. agricultural water contracts
There was a lengthy trial in the Kern County Superior Court in
1881 and it was decided in that court in favor of the defendants, 80,02~) Mean flow of Kern River in cubic feet per
the Haggin interests, upholding the rights of the upper appropriator second on December 6, 1966, maximum of
against the lower riparian owner. But the case was appealed and record
argued twice before the State Supreme Court. A'final decision
rendered by the court in 1886 reversed the lower court and 466~6:~4 Acre-foot average Kern River April through
upheld the doctrine of riparian rights as the governing rule of July snow melt runof
water law in California. The case was sent back for retrial, but
this retrial never occurred because the parties entered into an ,~70,000 Acre-foot capacity of Isabella Reservoir
agreement in 1888, commonly known as the Miller-Haggin
agreement. The agreement was later given judicial standing 2,,~:~0,'i~1,~) Annual runoff of Kern River in acre-feet during
when it became a part of the so-called Shaw decree of 1900, 1916, the highest yearly flow ever recorded
adjudicating the rights on the Kern River. It is the Miller-Haggin
agreement and the Shaw decree which essentially formed "the '] 7,900,000 Amount in dollars of the City of Bakersfield
law of the river" on the Kern River. acquisition from Tenneco West, Inc.
City of Bakersfield Acquisition
In 1973, as a result of extensive negotiations The City also acquired the Kern Island
with Tenneco, the City agreed to a settlement of Water Company, another water utility, which
this matter whereby the City would acquire all included both a domestic water system and a
of Tenneco's water rights and water properties large irrigation utility system. The irrigation
at a cost of $17.9 million. As a result of this the utility system of Kern Island Water Company
City now owns an average annual entitlement was sold by the City to the Kern Delta Water
of more than 125,000 acre-feet of Kern River District at a price of $3.5 million. However, the
water plus two utilities which were subsidiaries City retained the Ashe Water system, which
of Tenneco West. One of these utilities is the was the domestic water utility of the Kern
Kern River Canal and Irrigating Company on Island Water Company, and continues to own
the northerly side of the river immediately that system which is now operated under a
north of the City of Bakersfield. This irrigation management agreement by the California Water
water utility still serves irrigation water and Service Company.
owns a right to more than 10,000 acre-feet per
year on the average from the Kern River.
Kern Paver ganal lrrigaung goml anx,
The Kern River Canal & Irrigating Company was incorporated in 1892 as a successor to Kern River
Water and Irrigating Company. The company is under the jurisdiction of the California Public Utilities
Commission. Kern River Canal & Irrigating Company (KRC&I Co.), also known as the Beardsley
Laterals, comprises some 6,000 acres of rich southern San Joaquin Valley farmland. The area is situated
north of Kern River between the Beardsley and Calloway Canals, bordered by Seventh Standard Road
to the north and Rosedale Highway to the south. Lands within the service area boundaries are entitled
to receive water from the Kern River based on the rights of the Beardsley, Lerdo and McCord Canals.
The diverison rights of these canals are based on priority appropriation in accordance with the Shaw
Decree of 1900, establishing the priority and amounts of Kern River water diversion in cubic feet per
second as follows:
Canal River Total Diversion KRC&I Co.
Company Stage Right Portion
Beardsley and Lerdo 1190.5 60 42
McCord, Lerdo & Beardsley 1376.5 70 49
Beardsley 3106.5 240 168
Water is conveyed through the Beardsley Canal to the company's service area and distributed to
farmlands via smaller canals, laterals and ditches. Growers within the service area produce a wide
variety of crops such as cotton, alfalfa, almonds, potatoes, wheat, melons and grapes. Average annual
diversions by KRC&I Co. for the period 1962-1974 were 15,700 acre-feet. The company maintains a
storage account in Isabella Reservoir providing for conservation storage of high flow Kern River water
entitlement. The North Kern Water Storage District, as a consumer of the KRC&I Co., has the right to
purchase 30 percent of the Kern River entitlement accruing to the company.
All in all, the City
one-third of the water rights of the First
interest of the Kern River and all of Tenneco's
water transmission facilities and storage rights
in Lake Isabella at a net cost of about $14.25
million.
The properties acquired from Tenneco by the
City of Bakersfield included the following: :~ ' ~.
)i
1. Kern Island Canal Company including the
Ashe Domestic Water System
2. Kern River Canal and Irrigating Company
3. Kern River Conduit, which is a concrete-
lined canal extending from Bakersfield
downstream on the southerly side of the
Kern River to the vicinity of Interstate .
Highway 5
4. Water rights of the utility canal companies
listed as items 1 and 2 above, water rights
of the Kern River Conduit, and other water
rights owned by Tenneco identified as
Castro, Wilson, Calloway and Railroad
5. Storage rights in Lake Isabella to the
extent of 34% of all conservation storage
space in that reservoir
6. 2,800 acres of land astride the Kern River
between the extension of Renfro Road and
Interstate Highway 5 and most of the
riverbed from Allen Road upstream to
approximately Manor Street in Bakersfield.
Typical City of Bakersfield domestic water pump station
MILLER-HAGGIN SNOW SURVEYS
The City of Bakersfield Water Resources Department, as successor in interest to the Kern County Land Company and Tenneco West,
Inc., is a vital player in the State of California Snow Surveys program, along with fellow Miller-Haggin interests North Kern Water Storage
District, Kern Delta Water District and Buena Vista Water Storage District.
Utilizing the snow course and snow sensor data
SNOW SURVEYING collected by City, State and Federal personnel from
locations high up in the Kern River Basin, the Water
Snow surveying was begun in the United States in the early ?900's by Dr. James £. Resources Department produces long-range operations
Church, Jr., a professor at the University of Nevada in Reno. Dr. Church developed forecasts for Isabella Dam & Reservoir based on historic
measuring equipment and sampling techniques that led to the records of Kern River water use coupled with snow
first water supply forecasts on Sierra Nevada streams. Realizing pack information. These long-range forecasts are
the importance of this information, several agencies started
then coordinated through the Kern River Watermaster,
independent snow survey programs. These agencies and the
State of California soon recognized the need for a centralized U.S. Army Corps of Engineers and local water districts,
coordination of a snow survey program, so the California State helping to ensure the orderly and efficient scheduling
Legislature in 192_9 established a statewide program that has of Kern River water through the Bakersfield area.
continued to this day. The Legislature, with the input of major addition, information is provided to the City's water
water interests, determined that the State Department of
contractors and customers as to water availability
Water Resources would be the coordinator of what would be
well in advance of the peak water use season, helping
known as the "California Cooperative Snow Surveys Program."
Cooperators include State, Federal, local, and private entities. The Kern River Group these districts to achieve maximum productivity.
was an original charter member of the state-wide program. Today in California more
than 50 state, national, and private agencies pool their efforts in collecting snow
data from over ,300 snow courses each winter.
Through the years, the art of snow surveying has gradually evolved. Recent
advances in technology have provided sophisticated new measuring devices called
snow sensors or "pillows," remote units capable of withstanding harsh winter
conditions. This has resulted in an increased number of snow stations being
monitored automatically. However, the
foundation of the snow surveys program
is still the human part of the equation -
the snow surveyor. Surveyors from
cooperating agencies venture into the
mountain regions of California beginning
in January of each year to check each of
the State's 300-plus snow courses. Every
snow course is inspected at least once a
year by a snow surveyor for data gather-
ing or verification of automated snow
sensor sites. An average snow course is
1,000 feet long. Most courses consist of
about ten sample points to ensure sound
statistical data. From two to six courses
are measured in a day, depending upon
how severe the weather is and whether
the snow surveyor travels on foot, by
helicopter, or by an over-snow vehicle,
such as a "snow cat" or snowmobile.
Kernmver Weather M0aincati0n
The Kern River watershed comprises approximately 2,200
square miles of area upstream from Lake Isabella. The region is
characterized by rugged mountain terrain with several granite require adequate, dependable and good quality
spires reaching above 14,000 feet. Mount Whitney, the highest water for not only the future of the urban area
mountain in the continental United States, is located in the but the future economy of this portion of Kern
northeast corner of the Kern River "cloud seeding" target area County. Acquisition of the water properties
near the head waters of the Kern River. The main objective of the
and water rights of Tenneco by the City of
Kern River Basin "cloud seeding" effort is to increase the overall
Bakersfield now assures a good water supply
water yield of the Kern River by "targeting" precipitation to occur
in the snow shed above kake Isabella (The City of Bakersfield for the foreseeable future of the urban area.
and its predecessors have participated in the program for nearly Bakersfield is one of the few cities in California
forty years). To accomplish this obje~ive, the Kern River weather and, indeed, in the United States, that can
modification program, operated by Atmospherics Incorporated make this claim. Until this water is needed
under direction of Thomas J. Henderson, president, includes both for urban purposes it can continue to supply
airborne and ground-based applications. First, suitable clouds and the needs of irrigated agriculture and other
storm systems over the Kern River watershed must be purposes which benefit the economy of the
present for seeding to occur. Once the developing clouds and entire county.
storm systems have been correctly identified, then it is necessary
to deliver the required amount
of nuclei ("seed", usually in the "~
form of silver iodide) to the I~e Hi~t0[~~r
cloud systems. Of primary
importance within the airborne
operation is to disperse the The potential for beneficial weather modification by
nuclei at the right time and cloud seeding was discovered by Dr. Vincent J. Schaefer
place within the clouds and in 1948 while working at the General Electric Research
storm system. The tools Laboratory in Schenectady, New York. He noted quite by
required to accomplish this accident that dry ice pellets introduced into a cloud
task are a satellite weather formed in a freezer chest produced tiny ice crystals
data acquisition system, a well (snowflakes). Dr. Bernard Vonnegut, also a member of
organized weather forecast the General Electric Research Team, soon discovered
method, a complete weather that silver iodide smoke particles produced the same
surveillance radar system, effect. Hence, the beginning stage of a new science
proper aircraft for delivering and technology was born.
the seeding material, a Since 1948, the technology of increasing precipitation by artificial means has moved through three
network of silver iodide presidential investigative committees. Following the early discoveries, basic research programs at the
ground generators, and a university and government levels now number in the hundreds. Foremost among these field research
team of dedicated people to programs has been the effort supplied by the U.S. Bureau of Reclamation, The Department of Commerce,
implement the program's 24- The National Science Foundation and the National Academy of Sciences. The results from all these
hour-per-day, 7-day-per-week fundamental and statistical studies since 1948 strongly indicate that increases in precipitation within the
operation. Whenever the range of 5-15% have been achieved from properly designed and operated cloud seeding programs.
National Weather Service Prominent among these studies has been those focused on orographic wintertime clouds, particularly
issues a local storm flood the programs over the Sierra Nevada mountain range in California.
advisory warning, all cloud At one time, the environmental community questioned the effects from cloud seeding programs.
seeding operations over the Several hundred environmental studies followed these concerns. The most comprehensive publication
Kern River Basin are on potential environmental effect is, "Environmental Impacts of Artificial Ice Nucleating Agents,"
suspended. Donald A. Klein, Colorado State University. A total of more than 400 references for various environmental
studies are listed in this publication. All have indicated "no significant negative impacts on the environment."
Currently, there are about 37 active cloud seeding programs in the United States. Thirteen of these
are in California, including the Kern River Basin, whose participants include the City of Bakersfield,
North Kern Water Storage District, Kern Delta Water District and Buena Vista Water Storage District.
Worldwide, there are presently 59 countries involved in some type of serious weather modification
program. Southern California Edison Company has been sponsoring the cloud seeding program over
the San Joaquin River watershed for over 50 years, the longest continuously operated cloud seeding
~,~ program in the world.
Improvement District No. 4 of the Kern County
Water Agency, which is essentially the urban
Isabella Dam is located at the confluence of the. North and South
Bakersfield area, has its own allocation of
Forks of Kern River in the Kern River Valley, about 40 miles northeast of imported State Project water, which will build
Bakersfield. The multipurpose Isabella Dam and Reservoir is operated
primarily for irrigation water storage, flood control, and power production, up to a supply of 77,000 acre-feet per year in
In recent years, recreation has become an important function of the 1990 and annually thereafter. This water is
reservoir as well. now served through the Treatment Plant to
Isabella Reservoir was created by the construction of a main dam across California Water Service Company, North of the
the Kern River, a rolled earth fill embankment 1,695 feet long with a crest River Municipal Water District and East Niles
width of 20 feet and a maximum height of 185 feet, and a 100 foot high Community Services District in the amount of
Auxiliary Dam across the about 25,000 acre-feet per year. The quantities
adjacent valley, which of imported water in excess of 25,000 acre-feet
impound the flow of the
per year are percolated underground in I.D. 4
North and South Forks
to replenish the underlying ground water
of the riven A small, supplies. The I.D. 4 water is, el course, in
uncontrolled spillway
is located in the left addition to the natural ground water supplies
abutment of the Main underlying I.D. 4 and in addition to the City's
Dam. lhe Main Dam Kern River supplies.
outlet into the river
channel has a capacity City~ Use of Kern River Water
of 10,000 cubic feet per
second at full reservoir
pool. lhe Borel Canal, To pay the cost of this acquisition the City
with a capacity of 605 entered into long term irrigation water service
cubic feet per second, agreements with five public irrigation districts.
has an intake four miles upstream on the North Fork and flows through the These agreements are for a base period of 35
reservoir through a controlled outlet at the Auxiliary Dam. years, commencing January 1, 1977. The City
The reservoir has a capacity of 570,000 acre-feet, relatively large sells basic quantities of 20,000 acre-feet per
compared to the annual Kern River flow of about 700,000 acre-feet.
year to North Kern Water Storage District,
Between November 1 and January 31 of each winter season, the Corps 20,000 acre-feet per year to the Kern-Tulare
of Engineers reserves a flood control space of 400,000 acre-feet in the
Water District, 27,000 acre-feet per year to
reservoir designed to reduce downstream flood damage.
The City of Bakersfield, as part of the Kern River Purchase from Tenneco the Cawelo Water District, and 3,000 acre-feet
West, Inc., owns 34% of the Isabella Reservoir storage space allocated by the per year to the Rag Gulch Water District. In
United States of America to downstream water districts. Pursuant to the addition the City sells what is commonly called
1962 Water Rights and Stora§e Agreement, Hacienda Water District has "winter water" to the Rosedale-Rio Bravo Water
the ri§bt to rent 10% in whole or in part of the City's storage space, lhis Storage District which is supplemental to water
storage rental arrangement usually occurs only in very wet years on Kern delivered under a contract that district had
River when Hacienda Water District has Kern River entitlement, or in the with Tenneco.
years immediately following very wet years. The water sales agreements with the
Isabella Reservoir has proven its effectiveness for flood control on several irrigation districts require those districts to
occasions since reservoir operati?ns began in April 6f 1954. Since the date make fixed annual payments to the City of
of Isabella Dam construction, a number of great floods on Kern River have Bakersfield for the basic quantities of water to
been wholly contained within the reservoir, protectin§ urban Bakersfield
be delivered under those contracts, whether or
and approximately 150,000 acres of rich agricultural land {rom Kern River
not those quantities are actually delivered.
flood flows. The greatest of these floods occurred on December 6, 1966,
In years of drought there may be shortages
when the Kern River reached an instantaneous flood peak of approximately
120,000 cubic feet per second, in supplying those basic quantities and such
shortages would be made up to those districts
in subsequent years when there was an ample
supply of Kern River water. Nevertheless, the
districts will make fixed annual payments
based upon the basic quantity of water in each
contract and this enables the City to have There are many agreements among
dependable annual revenue from those four the Kern River interests relating to
contracts in the amount of $1,400,000. This water rights, use of water, storage rights
arrangement was designed so that the City in Lake Isabella and other matters. The
would always have a fixed annual income from Kern River Watermaster prepares and
which bond payments could be made. maintains records on a daily basis or
Under the supplemental contract with the river flows, Lake Isabella storage and
Rosedale-Rio Bravo Water Storage District a diversions from the river. The staff of '~
portion of the City's so-called miscellaneous the City's Water Department maintains
quantity water is sold to that district. The term these records for the Watermaster. The
miscellaneous quantity water means the main division of the water and water
amount of non-utility Kern River water which rights of the Kern River is between the '.
the City may have available from time to time First Point interests (City of Bakersfield,
above and beyond the water necessary to meet North Kern Water Storage District and Kern
the City's other water commitments, including Delta Water District), and the Second Point
its long term agricultural delivery contracts and interests (Buena Vista Water Storage District),
all other contracts and agreements which predate with a third group involved, Downstream
the supplemental agreement, and beyond the Group (Tulare Lake Basin Water Storage
quantities needed for use on City-owned District, Hacienda Water District, and most
property or within the boundaries of the City of recently, Olcese Water District), that receive
Bakersfield. Such water is delivered essentially Kern River entitlement during high-flow years
during the non-irrigation season, so-called winter on the Kern River.
water, at a basic rate of $6 per
acre-foot with such rate escalating
each year in accordance with the
All Commodities Classification of
the Wholesale Price Index. If such
water is requested to be delivered
during the months of March
through September, that price is
increased by multiplying it by 3.5,
or the basic price of $6 increases
to $21 per acre-foot, plus the
escalator.
The City also has numerous
agreements with local water
districts permitting those
districts to spread and recover
water at the City's 2,800-acre
spreading facility located along
the river between Renfro Road
and Interstate Highway 5. These
Districts can recapture their water
and by exchange or otherwise use
it to supply the needs within its
boundaries and in the Rio Bravo
annexation area in the easterly
part of the City of Bakersfield as it
is needed in that area. When not
needed in that area, under certain
arrangements, such water can be
sold for use in other places in
Kern County.
From this unique arrangement you can
see that it is very important to have open
communications and cooperative efforts among
the Kern River interests. Most disputes or
differences in views on the Kern River have
historically been resolved by agreements among
the parties rather than Court decisions. This is
not to say that lawsuits have not been filed in
the past to get the other fellow's attention.
But they have almost invariably been resolved
through negotiations and agreement.
In conclusion, the City of Bakersfield
purchased a large long-term water supply,
actually rights in perpetuity to Kern River
water, at a very reasonable cost. Based on this
background, the Kern River Purchase was an
extremely wise and far-sighted decision for the
City of Bakersfield.
-Thomas M. Stetson-
RECEIVED
B A K E R S F 'I E L D DEC23 003
~, PUBLIC WORKS DEPARTMENT C~TY MANAGER'S OFF~CE
1501 TRUXTUN AVENUE
BAKERSFIELD, CALIFORNIA 93301
(661) 326-3724
December 23, 2003 ~UL M. ROJAS, DIRECTOR · CITY ENGI]qEER
Kern County Citizens for Quality Transportation (KCCQT)
2001 Wheelan Court
Bakersfield; CA 93309
Attn: Roger Mclntosh
Re: Proposed 1/3 cent Sales Tax Measure
Gentlemen:
The city of Bakersfield has received and reviewed the expenditure plan for the proposed 1/'2 cent sales
tax measure for transportation, and has some concerns regarding the proposal.
The City of Bakersfield's Primary concern is with the proposed mix of maintenance expenditures versus
new capacity increasing project expenditures. Your polls indicate maintenance is a very high priority
with the public, and the City of Bakersfield would strongly agree. And while there are definitely needs
for capacity in. creasing projects in the metropolitan Bakersfield area, we believe that maintenance of the
existing road system should receive a higher allocation of the proposed measure's revenue, perhaps
50%, with the remaining revenue going to capacity increasing projects and transit. However, the City of
Bakersfield al.so understands that other areas in the County may have different priorities, so providing
flexibility in the program s° that the metropolitan area could allot a higher percentage of its revenue to
maintenance while still allowing other areas in the County to dedicate more toward capacity increasing
projects and 'transit is recommended.
The City also has some concerns with the project list as currently presented. There are unique needs
for each 'area in the County, and while we are continuing to review the results of the polling that took
place, there may be some projects that the KCCQT was not aware of and that the public was then not
polled on such as Rosedale Highway between Enos Lane and State Route 99, or State Route 178 in
northeast Bakersfield. The City of Bakersfield requests several more weeks to analyze the data
developed in your polling, an.d to then comment further on the proposed list of capacity increasing
projects. This analysis should be completed by the middle of January, 2004 at which time additional
written comments will .be provided.
If you have any questions Or need additional information, please contact either Jacques LaRochelle or
Ted Wright of this Department at 326-3596 at your convenience.
Very truly yours,
Raul M. Rojas
Public Works Director
cc: Honorable Mayor and City Councilrnembers Alan Tandy, City Manager
'Jacques R. LaRochelle, Assistant Public Works Director
Craig Pope, Kern County Roads Department
S:\TED~O01let r~kerncogamend6crct.wpd
Kern Council
of Governments December 19, 2003
Vice-Mayor David Couch
City of Bakersfield
1501 Truxtun Avenue
Bakersfield, California 93301
Dear Vice-Mayor Couch:
The Kern Council of Governments (Kern COG) last updated you November 18, 2003, on the status of a safety project
currently in progress on Rosedale Highway. We are forwarding new information on key points related to the status,
progress and the anticipated completion date. The Caltrans Resident Engineer assigned to this project has updated staff
on the project status. The newest information provided in this letter is marked in bold text.
General Project Description: This project is funded in the State Highway Operations and Protection Program, which is the
highway maintenance program for Caltrans. The project limits are from Van Buren Place to Camino Del Rio, to rehabilitate
the roadway. Project components include: Traffic Signal at Patton Way; guardrail replacement; pavement replacement
from Van Buren Place to Camino Del Rio; striping and pavement markers; raised median work and some traffic signal and
lighting modifications.
As of Thursday, December 18, 2003, Caltrans staff provided the following update on information regarding the status of
this project; the project is listed as 77% complete; the original timeline called for the project to be 74% complete at this
time. The Contractor is on schedule.
-~. Mid September 2003 - This work is completed. ^- c;+"; ...... ~ +~.~ r-....+.=..~.., p,.... ,.. ccmplctc ~,-,h...
2. End of October 2003 - This work is completed. ~ ....
3. January 2004; Nevember--2~ - Striping and pavement markers work should be completed. This component has
been delayed due to inclement weather.
4. Mid January 2004 - Guardrail work should be completed.
5. February 2004 - Remaining asphalt concrete work in the raised median will be completed.
6, March 2004 - The project is scheduled for completion. This is the original programmed scheduled benchmark and the
contractor is committed to meeting that completion date.
7. Mid March 2004 - Signalization and lighting work should be completed.
Kern COG staff will contact Caltrans for updates on the progress of this project. Should you require more information,
please contact Joe S~.a~haglia at 861-2191 or istramaolia~.kernco_~.oro.
/
Sincerely//..
,- ,.;? ........
Executive DireCtor
Kern Council of Governments
1401 19th Street, Suite 300, Bakersfield, California 93.30 r (661t 861-2191 Facsimile (661 ) 324-82 T 5 -FFY (6611 832-7433 www. kerncog.org
RECEIVED
IBEC 2
BAKERSFIELD POLICE
TO: ALAN TANDY, CITY MANAGER
· Fr)
FROM: ERIC W. MATI~OCK, CHIEF OF POLl
By: William R. Rector, Assistant Chief dv'
DATE: December 22, 2003
SUBJECT: Parking of Inoperable Vehicle
Council Referral No. 653 (Ward 2)
Council Member Benham reqUested staff look into the long term parking of an
inoperable vehicle in the Westchester area...
I
Council Member Benham was contacted by a constituent regarding two inoperable
vehicles parked in the 3000 block of Spruce Street. The vehicles, both Volkswagons,
were impounded last week. The police department had marked the vehicles prior to
Council Member Benham's referral in response to neighbor complaints. Lt. Tim Taylor
contacted the constituent and confirmed that the two vehicles we impounded were in
fact the same as the subject of his complaint. He was pleased that action was taken but
said that one of the vehicles had returned and was once again parked in its prior
location. Lt. Taylor assured the constituent that police staff will continue to mark the
vehicle and make an effort to have the owner find a better place to park it.
EWM/vrf