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HomeMy WebLinkAbout05/04/87C ,J;T Y 0 F CALIFORNIA COMMUNITY SE RVICES DEPARTMENT PAUL DOW, Manager GENE BOGART, Director of Water Resources FLORN CORE, Assistant Director of Water Resources FRANK FABBRI, Parks Superintendent, 326-3781 JIM LEDOUX, Recreation Superintendent, 326-3701 ROBERT HART, Sanitation Superintendent, 326-3781 MEETING NOTICE A Special Meeting of the City of 'Bakersfield Water Board will be held on Monday, May 4, 1987, at 12:00 ! Noon, in the Community Services Department Conference Room, 4101 Truxtun Avenue, Bakersfield, California. The following items will be discussed: 1. Approve minutes of Special Meeting held March 12, 1987. 2. Correspondence - Letter from Rosedale-Rio Bravo Water Storage~ District, dated April 17, 1987. ' 3. Mainline. Extension Agreements for various locations. FOR BOARD INFORMATION. ~ 4. Agreement between City and Stockdale South Corp. for construction of Water Facilities in-lieu of paying Availability Fees. FOR BOARD ACTION and RECOMMENDATION to CITY COUNCIL. 5. Request from Kern-Tulare Water District to sell a portion of its 1987 City Basic Contract water to Cawelo Water District. FOR BOARD ACTION. Di re'WaterI Resources.:~ Posted: May 1, 1987 : ~ ' 4101 TRUXTUN AVENUE · BAKERSFIELD, CALIFORNIA 93309 · (805) 326-3715 AGENDA WATER RESOURCES COMMITTEE MEETING MONDAY, MAY ~4, 1987 -IMMEDIATELY FOLLOWING WATER BOARD MEETING Councilman Rollie Moore - Chairman Councilman Donald K. Ratty Councilman Mark' Salvaggio 1. Update on conceptual plan for "Rio Vista" and Kern River Parkway: a) Overview of preliminary plan b) Status of biological assessment c) S~atus of "Initial" input from special interest groups d) Report to Council with "consensus" map 2. Engineering services contract to provide for expan~sion'of Wastewater Plant No. 3. A G E N D A SPECIAL MEETING WATER BOARD - CITYOF BAKERSFIELD MONDAY, MAY 4, 1987 12:00 NOON Call meeting to order. Roll Call -Board Members: Moore, Chairman; Ratty, Salvaggio 1. Approve minutes of Special. Meeting held March 12, 1987. 2. Correspondence - Letter from ROsedale-.Rio Bravo Water Storage District, dated April 17, 1987. 3. Mainline Extension Agreements for· various locations. FOR BOARD INFORMATION. 4. Agreement between City and Stockdale South Corp. ~for construction of Water Facilities in-lieu of paying Availability Fees. ~ FOR BOARD ACTION and RECOMMENDATION to CITY COUNCIL. 5. Reques.t from Kern-Tulare Water District to sell a portion of its 1987 City Basic Contract water to Cawelo Water District. FOR' BOARD ACTION. 6. Adjournment. SPECIAL MEETING WATER BOARD' CITY OF BAKERSFIELD ~ THURSDAY, MARCH 12, 1987 12:00 P.M. - NOON The meeting was called to order by Chairman Moore in the ~Community Services Department Conference Room. The secretary called the roll as follows: Present: MOore (Chairman); Ratty, Salvaggio The minutes ~of the regular meeting held November 5, 1986 were approved, as presented. Mr. Core presented before the Board the Aquisition of Water Well site for Ashe Water Service Area, located near Buena Vista Road and White Lane. Funds are currently budgeted in 1986/87 fiscal year for the purchase of the land. A motion was made by Dr. Ratty to purchase the property fora price not to exceed $25,000. The motion passed. The Ag. Water Enterprise 1987 Water Price and Sand Sale Schedule was brought before the Board by Mr. Bogart~ Mr. Bogart reviewed the schedule with comments and questions from Board Members. It was brought to the Board's attention that the ~new MSI ordinance now supersedes all prior ordinances regarding the method used to' adopt and adjust fees. Pr~eviously, the Water Board recommended the price schedule to the City Council. The current ordinance requires that the recommendation be made to the City Manager, who then issues an Executive Order. This Order is then posted at City Hall for 10 days at which time the price schedule then becomes effective. A motion was made by Dr. Ratty to apProve the Water Price and Sand Sale Schedule. The motion passed. John Jones, Manager of Cawelo Water District commented on how much his district appreciated purchasing water from the City. Adjourned to'Closed Session regarding potential litigation of water matters (per Government Code No. 54956.9.B(1)). The meeting re-opened to the public. The meeting.adjourned at 12:45p.m. Ro llie Moor~/,/~C~irman City of Bakersf/leld Water Board ~Sharon Robison, Secretary City of Bakersfield Water Board ............. R#SEDA E. RIO RAVO '~ / WATER STORAGE DISTRICT '1 t/~/'/F 849 Allen Road · P.O. Box 867 · Bakersfield, California 93302-0867 · 589-6045 April 17, 1987 APR 2 0 City of Bakersfield Water Board ~.;u~:~i:!;'::,,.,..,.,;::: 4101 Truxtun Avenue Bakersfield, California 93309 Gentlemen: It has recently come to our attention that the City has undertaken the drilling of certain water wells overlying the city's ground water recharge area. Although we have no other information, we are assuming that the wells are being drilled in compliance with your previously adopted environmental impact report. If in fact that is not the case we would appreciate hearing from you immediately. Thank you for your anticipated cooperation in this matter. ROSEDALE-RIO BRAVO WATER STORAGE DISTRICT WDP: dd cc: Kern County Water Agency cc: Kern Delta Water District cc: Buena Vista Water Storage District DOMESTIC WATER ENTERPRISE MAINLINE EXTENSION REFUND AGREEMENT SPECIAL WATER BOARD MEETING OF MAY 4, 1987 DEVELOPER TRACT or PARCEL MAP REFUND AMOUNT Tenneco Realty Dev. Corp. Parcel Map #791~9 $ 37,626.77 Tenneco Realty Dev. Corp. Mexicali Drive & White Lane 13,800.00 AGREEMENT NO. IMPROVEMENT AGREEMENT FOR WATER SUPPLY & DELIVERY SYSTEMS THIS AGREEMENT, entered into this day .fi , 1987, by and between the City of BakerSfield, a municipal corporation, ("City") and Stockdale South ("Developer"). WHEREAS, the Developer wishes to develop and §ubdivide land in the City of Bakersfield~ under the provisions 0~?~he Subdivision Map Act (Government Code Sections 66410, e~!seq. referred to as the "Map Act"), and under the provisions ~f t~e Subdivision Ordinance of the City of Bakersfield (Titl~ ~1'6 of the Municipal Code) referred to as the "Ordinance"; and WHEREAS, the City Municipal Code Section 14.04.120B pro- vides that Developer pay an Availability Fee as set by Bakersfield City Council Resolution No. 126-82 to compensate the City for the expense incurred in furnishing water source, storage, and water distribution facilities and related capital project expenses (Facilities); and WHEREAS, the Developer desires to build the wager supply, storage, ann water distribution facilities, as required, to City's specifications and satisfaction and deliver ownership 6f these facilities to the City in lieu of the payment of the e~$tablished Availability Fee; and WHEREAS, the City requires development of water supply, storage, and water distribution facilities in the area.set forth as attachments to this contract; and WHEREAS, the City will allow the Developer to~ p~hase or subphase in the required water system as Developer improves the property. WHEREAS, water distribution facilities and service con- nections not covered in Availability Fees or in-lieu f~cilities shall be refunded to Developer in accordance with the procedure set forth in Mainline Extension Rule, attached as Exhibit. "B", otherwise known as California Public Utilities CommisS~oni~Rule 15. NOW, THEREFORE, it is agreed as follows: 1. IMPROVEMENTS TO BE CONSTRUCTED: In acco~ce with the requirements of the City of Bakersfield Departmen~t]Q~.~ater Resources for water supply, storage, and water distrib~i~b~n facil- ities as shown on Exhibit A, the Developer shall cons~.~ ~.~'rding t~ Developer's sole cost and expense, those improvements ~ standards, plans, profiles and specifications, all asi!'~'~oved by (or designee) and the Bakersfield D~'~ment of the City Engineer Water Resources which are generally designated as follows: The construction of groundwater production facilities, storage tanks, booSter stations, water mainline extensions, and otherl facilities as designated by the City of Bakersfield Department ofii~Water Resources, set forth in detail in Exhibit A to this contract. 2. APPROVAL OF PLANS AND SPECIFICATIONS: (a) Developer shall provide City with aicomplete set, or sets, of construction plans and specifications,~as required, for each phase or subphase of construction o~acilities shown on Exhibit "A." City's approval of plans and specifications shall be necessary prior to any phase or subphase of construction of the project outlined in Exhibit A. All plans and specifica- tions provided by Developer shall be at Developer's sole cost and expense. City shall review pla~s and specifications and~make rec- ommendations or approvals. Upon approval of plans andl specifica- tions by City or designee, City shall bill developer four percent (4~) of the actual total installed cost of Water Supply~ Facilities. Total installed cost of Facilities shall not include cost of mainline extensions or oversizing of mains. The four percent (4%) service charge shall pay for City or itsldesignee to supervise t~e preparation of and approve plans, specifications and inspections. (b) All prezoning, zoning, zoning variances, zoning adjustments, conditional use permits, building permitslor other necessary permits for installation of Facilities shalilbe 'secured by and be the responsibility of Developer. Pump build~n~ enclo- sure design and construction, siting, and well site landscaping shall be included in such permits. 3. MANNER OF CONSTRUCTION: All methods of c~nStruction, materials, and equipment shown or specified in the pl~.~isiand spe- cifications, or otherwise required to complete Facili~e~ shall be provided and securely installed and placed by Develope~"~t Developer's sole cost and expense. Provision and inst~liation of materials and equipment shall include everything requi~e~for sat- isfactory performance, regardless of omission of speci~i~ refer- ence on plans or specifications. Standard pump building~and construction practices will be followed to achieve this~result. Materials and equipment in the project shall be new. ~O~kmanship shall be first-class. The improvements designated shall be installed and constructed in accordance with: (a) Title 16 of the Bakersfield Municipal Code;. (b) The California Subdivision Map Actil (c) Approved plans, specifications and~profiles; (d) Standard City specifications and grades; (e) Good engineering and building practices; (f) Federal, State and local laws, regulations, or ordinances on water supplies, water quality, or well construction, including any and all permits required in execution ofi. construc- tion of Facilities; (g) In accordance with the desires of and the sat- isfaction of the City of Bakersfield Department of Water Resources and the City of Bakersfield engineer or designee, which are not inconsistent 3(a)-(f) above. 4. TIME OF COMPLETION: The Developer shall begin con- struction of the first phase or subphase of the system shown on the attached Exhibit A within one year and shall strive to com- plete each phase or subphase as needed, until full comPletion of each phase or subphase and acceptance by the City. City accep- tance shall be in a timely manner, not to exceed sixty (60) days after Developer files for such acceptance by City. Developer shall not unduly delay the completion of any phase or subphase of the system shown in the attached Exhibit A. 5. TERM: Th~s Agreement shall continue in full force and effect until the project described in the attached exhibits is completed and accepted by the City unless sooner terminated by operation of law, breach~, or mutual consent of the parties. The Developer may terminate this Agreement as to any phase ~or subphase upon which work has not been commenced by giving written notice to City, with City's consent, which consent shall not be unreasonably withheld. 6. PHASING: Developer shall be allowed to complete the work in phases or subphases as set forth in the attached exhibits. All phases or subphases shall be shown on attached exhibits. Developer shall complete the phases or subphases in the order shown on the attached exhibits unless otherwise agreed ~in writing. Developer shall complete all necessary water plan improvements associated with each phase or subphases prior to final acceptance by the City, in accordance with City requirements. 7. INSPECTION AND APPROVAL OF WORK: (a) The City or its designee shall at ~1 times have access to the work during construction of water facilities and shall be furnished with every reasonable accommodations for ascertaining full knowledge respecting the progress, W~rkmanship, and character of materials used and employed in the wobk. (b) No occupancy of any structure in any single phase or subphase of the development will be permitted~ until the Developer completes all required water improvements of. that phase or subphase and all necessary improvements associated'with said phase or subphase as required by City, and they have been approved and accepted by the City. City may permit extensions of time for completion of non-operational items, such as landscaping, upon Developer's written request, as needed. (c) When all of the required improvement work for any phase or subphase as approved with tentative tract maps has been satisfactorily completed, upon written application of the Developer, the City Engineer or his designee shall insp. ect and approve the same within a reasonable time, not to exceed forty- five (45) days, and shall file his certificate with the City show- ing the date of inspection and approval. (d) If the City Council finds that theicertificate is true and correct, it shall make its order accepting or approv- ing the work of improvement. (e) Such order of acceptance or approval made by. the City Council shall be deemed operative from the time of the City Engineer's or his designee's approval of the work.of improve- ment as shown in his said certificate. (f) Except as otherwise provided, the Developer and its surety shall be deemed released from liability for~damage or injury to such work so accepted by said Council, and from the maintenance thereof, from and after the time said order is opera- tive. However, the foregoing provision shall not relieve the Developer or its surety from any damage or injury to such work of improvement or any maintenance required therefor arising from any other work undertaken by the Developer or its surety, ~or as may necessarily be done by the City in the performance of any part of the required improvement work as a result of any default in the performance of this Agreement by the Developer or its ~surety or arising from any willful act or negligent act or omission of the Developer or its surety or their contractors, agents or employees, or arising from defective work or labor done or defective materi- als furnished in the performance of this Agreement. 8. QUITCLAIM DEEDS: Upon completion and acceptance by the City of any phase or subphase of work performed b~iiithe Developer under this Agreement, the Developer shall plr~pare, sign, and record a quitclaim deed thereby granting to the Ci~it~ 'all rights and titles to that project phase or subphase. ?D~itclaim deed shall include all rights owned or vested in Deve~op~er to groundwater and groundwater extraction rights to real?property on which Facilities are located. Upon acceptance by City, Developer shall be absolved from paying Availability Fees for said phase or subphase. 9. REFUNDS: City and Developer agree that water distri- bution facilities and service connections not covered in the Availability Fees or in-lieu facilities shall be refunded to Developer in accordance with the procedure set forth in Mainline Extension Rule, otherwise known as California Public Utilities Commission Rule 15. Refunds to be paid over a forty-year (40-year) period, at the rate of two and a half percent (2½~) of total installed mainline cost, per year by phase or subphase. Refunds shall be made not later than June 30, each year beginning the year following completion and acceptance of each Phase or subphase until the total refundable amount of all phases or subphases has been fully repaid. Water facilities that are to be covered under the Mainline Extension Agreement shall include, but not be limited to, mains, appurtenances, services, including serv- ice pipes, fittings, gates and housing thereof and meter boxes. Developer shall pay inspection fees of four percent (4%)~ of contractor's installed cost of Mainline Extension Facilit~ies referred to in this paragraph. Meters shall be furnished by the City at City's sole cost and expense. 10. GUARANTEE AGAINST DEFECTS: (a) The Developer guarantees all features of the work of improvement for a period of one (1) year following the acceptance of the work, against defective work or labor done, or defective material furnished, in the performance of this Agreement; and Developer agrees to correct, rePair or replace promptly when demanded by the City all such defective work or labor done, or defective materials furnished, as may be discovered within such one-year (1-year) period and reported by the City Engineer or Department of Water within fifteen (15) days after discovery. (b) Developer shall assign to City all manufac- turers' warrantees and guarantees on all installed equipment and all operations and maintenance manuals and instructions. All required documentation for permits and variances to conform with Federal, State, or local laws shall be supplied to City. 11. INDEMNIFICATION PROVISIONS: (a) The Developer shall and does agree?toi~.hold harmless and indemnify the City and its Council, officers and employees, from every liability, claim, suit or deman~hich~ ~ may arise or may be made by reason of: · (1) Any act, omission or neglect Of the Developer, its engineers, employees, agents or contractors; or (2) Any injury to any person, death of any person, or damage to any property, sustained by any person, firm or corporation while in or upon any parcel of land herein men- tioned and for which the Developer ts legally liable (excepting the sole negligence of the City, or its officers or employees); or (3) Any injury to or death of the Developer or any officer or employee of the Developer, or any damage to the property of any such person, firm or corporation, and for which the Developer is legaIly liable (excepting the sole negligence of the City, or its officers or employees); or (4) Any damage to or taking of any property arising from said plans, specifications, or profiles, or arising during the course of construction or the conduct thereof, prior to acceptance by City. (b) It is mutually agreed that the Developer's surety, if any, shall not be deemed liable for performance of any of the foregoing provisions of this section, unless said surety shall undertake the completion of any improvement or the conduct of work required to be done under this Agreement, and then only to the extent of any act, omission or neglect of the surety, its engineers, employees, agents or contractors in the course of the completiom of such improvements or the conduct of such work by said surety. 72. INDEPENDENT CONTRACTOR STATUS: City shall not become or be deemed the partner or joint venturer or associate with Developer in any relationship other than that of am independ- ent contractor, and Developer, by reason of the provisions of this Agreement, shall only be deemed an independent contractor of the City. t3. COMPLY WITH ALL LAWS: Developer shall, at its sole cost, comply with all the 'requirements of all municipal, state, and federal laws, ordinances, rules or regulations, now in force, or which may hereafter be enforced, pertaining to, arising under, or growing out of said project or projects. 14. INSURANCE: Developer shall procure and, maintain in force during the term of this Agreement, at Developeri's sole cost and expense, public liability insurance adequate to prOtect against liability for damage claims through public us~i~or arising out of accidents occurring in or around the project, in a minimum amount of ONE MILLION DOLLARS ($1,000,000) combined s~gle limit. Such insurance policies shall provide coverage for CitY's~contin- gent liability on such claims or losses. Developer shall add City, its officers, agents and employees as additional insureds on all insurance policies required by this Agreement. Developer shall provide a certificate of insurance to City as evidence of such policies and said certificate shall be attached as a part of this Agreement. Developer shall obtain a written obligation from the insurers to notify City in writing of any material change, cancellation, or refusal to renew any policy thirty (30) days prior to taking such action. If Developer fails to keep the required insurance in force during the term of this Agreement, or any extension or renewal, City may, at City's option, procure the necessary insurance, pay the premium and cause Developer to repay to City the total amount of such premium plus interest at the legal rate. The remedies provided in this paragraph are cumula- tive and are in addition to any other remedies in law or equity. The election of one or more remedies shall not bar the use of other remedies. Developer agrees to maintain and keep in force all workmen's compensation insurance required under the laws of the State of California, and such other insurance as may be neces- sary to protect the City against any other liability to person or property arising by operation of law, whether such la~ is now in force or adopted subsequent to the execution of this Agreement. 15. TRANSFERS: Developer is in full possession of fee title to the property described or shown in Exhibit A, and any other exhibits attached hereto,~ and will not attempt to transfer, sell, assign or otherwise hypothecate said property without thirty (30) days notice to the City, and thirty (30) days notice to any party who may potentially acquire rights in said property, of the existence of this Agreement. Developer shall deliver a copy of this Agreement, together with any amendments, attachments, or exhibits, into the possession of any third party which may acquire rights in said property. This clause shall not waive the require- ment that written consent of all the parties is necessary for any assignment of this Agreement. This clause does not pertain to subdivided lots which are to be sold in Developer's ordinary course of business. 16. FAILURE TO COMPLETE: In the event the Developer cannot complete the system for a phase or subphase as shown on the · attached exhibits to this contract Developer shall pay~the Availability Fee prevailing at the time of default for each acre of land where the improvements called for in this contract for the phase or subphase have not been fully completed and accepted by the City. City may, at its sole discretion, grant an offset to the Availability Fee for partially completed parts of the system. The amount of such offset shall be determined solely by the City according to the City's best estimates of the value of the par- tially completed facilities to the City. 17. OUTSIDE CONNECTIONS: Should the City extend water service to any new acreage outside Developer ownership, and if that new acreage received direct benefit from the use of the water facilities described herein, then the City shall reapportion the costs of the water facilities based on the increased acreage of benefit as determined by the City. The City shall compensate Developer for the additional acreage receiving benefit from the ~ater facilities as determined by the City. However, in no event shall the Developer receive more than one hundred percent (100~) of the total cost of water facilities. 18. MATERIAL CHANGE IN FINANCIAL CONDITION: The Developer represents that at the time of the execution of this contract Developer is solvent; that Developer can pay Developer's debts in the ordinary course of business and as they become due; that the aggregate of~Developer's property is at a fair valuation sufficient to pay any debts that Developer holds; and that Developer will be able to pay for the completion of this project in a timely manner. Developer shall immediately inform City of any material change in Developer's financial condition which would place Developer in a position other than represented in this~ Agreement. Failure to so .inform City shall be deemed a material breach of this contract. 19. WAIVER OF DEFAULT: The failure of any party to enforce against another a provision of this Agreement shall not constitute a waiver of that party's right to enforce such a provi- sion at a later time, and shall not serve to vary the terms of this Agreement. 20. FORUM: Any lawsuit pertaining to any matter arising under or growing out of this contract shall be instituted in Kern County, California. 21. TIME: Time is of the essence in this Agreement. 22. HEADINGS: All paragraph or section captions are for reference only, and shall not be considered in.construing this Agreement. -8- 23. NOTICES: All notices relative to this Agreement shall be given in writing and shall be sent by certified or regis- tered mail and be effective upon depositing in the United States mail. The parties shall be addressed as follows, or at any other address designated by notice: City: City of Bakersfield Department of Water Resources 4101Truxtun Avenue Bakersfield, California 93301 Developer: Tenneco Property Corporation P. O. Box 9380 Bakersfield, California 93389 24. ASSIGNMENT: This contract shall not be assigned by any party, or any party substituted, without prior written consent of all the parties. 25. BINDING EFFECT: This Agreement shall inure to the benefit of and be binding on the successors in interest and assigns of the parties. 26. ATTORNEY'S FEES: In any action to enforce the terms of this Agreement, the prevailing party shall be entitled to recover its attorney's fees and court costs and other nonreimbur- sable litigation expenses, such as expert witness fees and inves- tigation expenses. 27'. MERGER AND MODIFICATION: This contract sets forth the entire agreement between the parties, and supersedes all other oral or written provisions. This contract may be modified or ter- minated only in a writing signed by all the parties. 28. CORPORATE AUTHORITY: Each individual executing this Agreement represents and warrants that they are duly authorized to e×ecute and deliver this Agreement on behalf of the Corporation, if any, named herein and that this Agreement is binding upon said Corporation in accordance with its terms. o0o -9- IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by their officers thereunto duly author- ized on the day and year first-above written. CITY OF BAKERSFIELD By Mayor APPROVED AS TO FORM: City Attorney COUNTERSIGNED: Finance Director STOCKDALE SOUTH ADD:lg 4 A-TENN1 4/14/87 -10- KERN-TULARE WATER D~STRICT 1820 21st Street Bakersfield, California 93301 Telephone (805) 327-3132 March 31, 1987 BOARD OF DIRECTORS ~IATT PANDOI.., I~RESlOENT THONIAS E. ASHI. OCK PHILLIP D. NIXON, , . MANAGER VICE-PRESIDENT/TREASURER AL HOLLOWAY, SECRETARY ~ . ': ; ~ ? . STEPHEN E. WALL VINCENT J. ZANINOVICH BRUCE F. KELSEY Mr. Gene Bogart ~>:~':~:,,c.%.:.:~...':~:= .: Director of Water Resources Community Services Departmen% City of Bakersfield 4101 Truxtun Avenue Bakersfield, CA 93309 Dear Gene: It appears that 1987 is going to be a dry year, so all waters available should be used for surface application, and spreading operations should be eliminated in most cases. Therefore Kern-Tulare has negotiated the sale of 4,000 acre feet of its Kern River water to Cawelo Water District this year, pro- vided the City of Bakersfield will agree to deliver such water to Cawelo. The delivery point for this water, which would otherwise be used for groundwater banking by I.D.4, will be Cawelo's Pump Station B on the Beardsley Canal. Estimated ra~es of flow will be a maximum of 1,000 acre feet per month blended in with Cawelo's normal daily deliveries for its lands. Cawelo Water District states it will acknowledge in writing its willingness to accept and receive this water concurrently with the City of Bakersfield's agreement to make such deliveries to Cawelo. We look forward to your response to the foregoing as soon as .possible. Very truly yours, KERN-TULARE %qATER DISTRICT In concurrence with the above: By ' THOMAS E. ASHLOCK ~? /' '/ / Manager /.'/.~'.._/ / .. C~we]0 Wat~r District ·// //