HomeMy WebLinkAbout08/03/89CITY. OF ..... "' ....
COMMUNITY SERVICES DEPARTMENT
PAUL DOW, Manager
GENE BOGART, Director of Water Resources
FLORN CORE, Assistant Director'of Water Resources
FRANK FABBRI, Parks Superintendent, 326-3117
JIM LEDOUX, Recreation Superintendent, 326-3701
MIKE SIDES, Sanitation Superintendent, 326-3114
MEETING NOTICE
A Special Meeting of the City of Bakersfield Water Board will be held
on Thursday, August 3, 1989, at 5:00p.m., in the WATER RESOURCES CONFERENCE
ROOM, 4101 Truxtun Avenue, Bakersfield.
Call meeting to order.
Roll Call- Board Members: Salvaggio, Chairman; Peterson, Ratty
The following items will be discussed:
1. Approve minutes of August 3, 1988 and i June 1, 1989.
2.Proposed annexations to City Domestic Water Service area. (FOR
BOARD ACTION).
3. Draft agreement between City of Bakersfield, State of California
(Department.':of:'/ Water Resources) and Kern County Water ~Agency to
spread and bank water in City's 2800 Acre recharge facili, ty.
(First draft - FOR BOARD DISCUSSION).
4. Request by Michael J. Hong, 1100 Mohawk Partnership, to convert
approximately 220 lineal feet of' the Ca,tier Canal Iocat-ed east
of Mohawk Street to 'concrete box culvert. (FOR BOARD ACTION).
5. Selection of architectural firm to provide plans and specifications
for Water Operations Office to be located adjacent to the River
Canal at Buena Vista Road. (FOR BOARD ACTION).
6. Update 'on revised contract with California Water Service Company.
· (FOR BOARD DISCUSSION).
7. Mainline extension refund assignments. (FOR BOARD INFORMATION).
8. Adjournment.
Posted: August 2, 1989
4101 TRUXTUN AVENUE · BAKERSFIELD, CALIFORNIA 93309 o (805) 326-3715
AGE~DA
IMMEDIATELY FOLLOWING SPECIAL MEETING OF WATER BOARD
WATER RESOURCES COMMITTEE MEETING
WATER RESOURCES CONFERENCE ROOM
THURSDAY, AUGUST 3, 1989
5:00P.M.
Councilman Mark Salvaggio - Chairman
Councilman Ken Peterson
Councilman Dan Ratty
1) Bakersfield Educational Studies Area - Proposed resolution and
management plan (staff).
2) Update on Kern River properties (Gannon parcel - staff).'
WATER BOARD - CITY OF BAKERSFIELD
WEDNESDAY, AUGUST 3, 1988
5:00 P.M.
WATER RESOURCES CONFERENCE ROOM
4101 TRUXTUN AVENUE
The meeting was called to order at 5:23p.m. by.
Councilman Salvaggio in the Water Resources Conference
Room.
The roll was called as follows:
~resent: Salvaggio (Chairman); Ratty
Absent: Peterson
Councilman Ratty made a motion for approval of the
minutes of Special Water Board Meeting held June 16, 1988.
~Motion passed.
There were no public statements or correspondence.
For Board information, Mr. Core presented Mainline
Extension Refund Assignments with California Harvest Shops,
Inc. which have been reassigned to new owners. Main
extensions are at various locations.
The City's 2800 Acre Groundwater Recharge Area and
the State Kern Water Bank was discussed at length. Following
thins-discussion the Board authorized that a letter be sent
to the State of California requesting that negotiations begin
between State staff and City staff regarding the State's
proposed project.
There were no Staff or Board comments.
The meeting adjourned at 5:50plum.
City of Bakersfield Water Board
Sharon Robison, Secretary
City of Bakersfield Water Board
SPECIAL MEETING
WATER BOARD - CITY OF BAKERSFIELD
JUNE 1, 1989
5:15 P.M.
The meeting was called to order at 5:20 pm,-by Councilman
Salvaggio in the City Manager's Conference Room.
The roll was called as follows:
Present: Salvaggio (Chairman); Ratty
Absent: Peterson
Minutes of the Water Board meeting held on August 3, 1988 were
omitted from the agenda and will be approved at the next Water Board
meeting.
Several Truxtun Lake safety issues were brought before the Board.
After some discussion Councilman Ratty made a motion recommending this item
be tabled until the next meeting. Motion passed.
Mr. Bogart {City), Mr. Daniel {City Attorney's Office) and Mr.
Stetson (Consulting Engineer) presented the Olcese Water District 13-year
water requirements before the Board. As explained by staff, when the
Olcese area was originally proposed for annexation to the City, one of the
conditions for annexation was that it would provide its own water supply to
the annexed area. Certain assurances were made by Mr. George Nickel that
this would be done. Agreements with the City were then entered into
assuring that sufficient water supplies were being assigned by the Nickel
Interests to the Olcese Water District. Due to the nature of the high-flow
water rights being transferred, it was required that Olcese maintain a
13-year water supply in the City's 2800 acres to insure water would be
available to .Olcese Water District during dry cycles on the Kern ~River.
The primary source for the 13-year water requirement is provided from the
Lower River {La Hacienda) water entitlement on the Kern River. Since the
Olcese Water supply stored in City's 2800 acres is presently greater than
the 13-year requirement for Olcese Water District, Mr. Nickel would like to
sell that portion in excess of the Olcese requirement to the State
Department of Water Resources.
In order to allow Olcese to declare a portion of this stored water
as "option" water, Olcese Water District recently passed a resolution that
would allow Olcese to have a first priority to use other Nickel water
supplies in addition to the water stored in City's 2800 acres. To provide
this additional water supply, Mr. Nickel is willing to dedicate his
riparian water rights, two water wells located near the mouth of Kern
Canyon and up to 300 acre feet annually of his Carmel water right to Olcese
Water District to supplement the Olcese water stored in City's 2800 acres.
Conceptually, the plan is sound in that provides additional sources of
water to Olcese but staff indicated that there are some problems with the
way the documentation is written. The City will need a firm commitment to
transfer these rights before it can modify the contract with Olcese to
include these other sources of water to meet the 13-year requirement.
Staff is asking the Board for authorization to continue to get that firm
commitment and required documentation. A motion was made by Councilman
Ratty for staff to continue negotiations on this. Motion passed.
The water sale and repayment proposal with Olcese Water District
was brought before the Board by Mr. Bogart. In agreement 77-07 between the
City and Olcese Water District, Olcese had the right to construct water
wells on the City's 2800 acre property for the purpose of extracting water
supplies previously spread and banked by Olcese. This water is then
exchanged for Kern River water upstream of the 2800 acre site and used for
agricultural and domestic purposes within the boundaries of Olcese.
The 1977 agreement requires that the City allow Olcese Water
District to receive a credit against extraction fees payable to City until
the total cost of the wells {plus interest) is credited back to Olcese
Water District. To eliminate these accumulated well credits {the well cre-
dits now total approximately $837,870), City staff proposes to sell to
Olcese Water District, in-place, approximately 20,947 acre-feet of City
water currently banked underground in the 2800 Acres at a value of $40.00
per acre-foot. This would be in-lieu of a cash payment by Olcese to the
City. The Board indicated that staff continue discussion with Olcese and I
bring a proposed agreement back to the Board for consideration.
The California Water Service contract was presented to the Board,
for information and discussion, by Mr. Core. The present contract was
entered into in 1980 and is automatically renewable on an annual basis.
The growth of the City's system has been rapid and the present contract has
certain terms and conditions that are outdated. California Water has sent
the City a new contract proposal for consideration. Staff requested and
received Board direction to investigate this proposal for comparison to the
present contract.
For Board information Mr. Core presented Mainline extension
Agreements the City has with Oceanic Communities, Inc. and DeWalt-Porter
Civil Engineering. The Mainline Extensions are for various locations.
Also, for Board informa~tion Mr. Core presented Mainline Extension
assignments with Oceanic Communities, Inc. which have been reassigned to
new owners.
The meeting adjourned at at 6:00 pm.
Mark Salvaggio, Chairn~nv
City of Bakersfield Water Board
City of Bakersfield Water Board
CONTRACT AMONG THE DEPARTMENT OF WATER RESOURCES
~OF THE STATE OF CALIFORNIA~
CITY OF BAKERSFIELD,
· AND KERN COUNTY WATER AGENCY
~' ' .FOR COORDINATED WATER SPREADING AND BANKING OPERATIONS
DRAFT
TABLE OF CONTENTS
RECITALS 1
1. Purpose 4
2. Definitions 5
3. Use of City Spreading Area 6
4. Use of KFE Property 11
5. Point of Diversion 12
6. Use of River Canal 13
7. Ownership of Water 13
8. Extraction of Banked Water 14
10. Prior Agreements ' 15
12. Attorney's Fees - Costs 16
141 N0tices
17
15. Successors and Assigns 17
CONTRACT AMONG THE DEPARTMENT OF WATER RESOURCES
OF THE STATE OF CALIFORNIA,
CITY OF BAKERSFIELD,
AND KERN COUNTY WATER AGENCY
FOR SPREADING AND BANKING OF STATE WATER PROJECT WATER
THIS AGREEMENT is made this day of , 19__,
in the State of California, by and among the Department of Water
Resources of-the State of California (State), the City of
Bakersfield', a Municipal Corporation, chartered under the laws of
the.' State of CalifOrnia (City), and Kern County Water Agency
(Agency). '
RECITALS
.. A_ City-owns approximately 2,800 acres 'of l~nd overlying ~he
Kern County Ground Water Basin (City Spreading Area) which lands
are set forth- on a map entitled Exhibit "A", attached to, and
incorporated by reference in, this Agreement.
. B. City has dedicated the use of City Spreading Area for the
spreading, storage, .. and extraction of Kern River and other waters
in accordance with terms established or to be established by the
City.
C. CiCy has made substantial improvements %o City Spreading
Area via off-stream basins, levees, check structures and other
facilities to increase absorption capacity for spreading and
banking of good quali~y water.
D. The City Spreading Area is subject to a priority system
based on the following agreements:
Agreement No. 77-07 W.B. dated November 9, 1977, which
Agreement has been amended as set forth in Agreement No. 78-12 W.B.
dated June 27, 1978, Agreement No. 81-76, dated April 15, 1981 and
a supplemental Agreement No. 84-232 with the Agency. All of these
Agreements are between ~the'CiEy, Olcese Water District, and the
Agency and are jointly referred to in this Agreement as the "Basic
Spreading Agreements"
E. On May 2, ~977 the City, Tenneco West, Inc. and Tenneco
Realty Development Corporation entered into Agreement No. 77-71,
Which provides for City's use of Tenneco's wells and canals when
they are not used by Tenneco, and provides for purchase by Tenneco
of specific amounts of Kern River water for use on the Tenneco
property.
F. From time to time', City has spreading capacity excess to
its own needs on r~he City Spreading Area, and excess to require-
ments of others ~under Basic Spreading Agreements (Excess Spreading
Capacity).
G..State wishes to enter into an Agreement with the City to
utilize the Excess.. Spreading Capacity of the City Spreading Area
for spreading and banking of State Water Project (SWP) water, as
a component of the Kern Water Bank whose primary purpose is to
augment the dependable water supply of the SWP and will produce
local benefits in the form of conservation of local water supplies,
ground water overdraft correction and improved ground water levels.
H. State owns approximately 20,000 acres that border the City
Spreading Area approximately along the Kern River from the Southern
Pacific Railway to Interstate 5 on the North and approximately
along the Kern River Canal from the Southern Pacific Railway to
Interstate 5 on the south. The land will be used to develop fea-
tures of the Kern Fan Element of the Kern Water Bank to recharge,
store and extract SWP water.
I. State and City recognize potential benefits to both City
and State in coordinated use of respective recharge and extraction
facilities. The State and~City are developing this agreement to
set forth the provisions for coordinated water spreading and bank-
lng operations and to address the concerns of the State and City
on any Possible adverse conditions which may be caused by the
operation of the Kern Fan Element and the City Spreading Area that
might limit'or restrict the recharge or extraction capability or
degrade the .ground water .quality of either program.
J. The parEies ~o this agreemenE desire to limit Ehe scope
of the agreement to the criteria and priority for use of the City
Spreading Area by State and the State's Kern Fan Element facilities
by the City up to the amount of the State's use of City facilities
in the same calendar year, the water quality requirements for
recharge, the monitoring requirements for the ground water condi-
tions, the impact of recharge and extraction operations on ground
water.levels, clarification of City's righSs to use existing wells
and canals on State's property as shown in Exhibit "A", and clari-
fication of State's rights to purchase water from City for
agricultural uses on State's property.
K. The parties to this agreement desire to gain operational
and institutional experience as a foundation for a long-term
agreement.
L. City is willing to permit the use of City's Excess
Spreading Capacity by State, subject to appropriate water quality,
operational, and financial conditions and arrangements.
M. State is willing to permit the use of State's spreading
capacity by City equal to the State's use of City's facilities in
the same calendar year, subject to availability of facilities and
. appropriate water quality, operational, and financial conditions
'-and arrangements
~ ~ ·N' state and Agency have entered into a memorandum of under-
standing dated March 25, 1987, which sets forth the principles for
developing ·operating, and managing the proposed Kern Water Bank.
~ ·'~- O. State .and city haVe installed monitoring wells in the City
spreadingArea, in anticipation of the coordinated operation of the
City Spreading area and the Kern Fan Element.
- !. PURPOSE. · The purpose of this agreement is to provide for:
a. The interim use of the City's Spreading Area recharge
facilities by the State.
b. The interim use of the State's Kern Fan Element
recharge facilities by the City to the extent that the State's
3
recharge is the City Spreading Area reduces the City's recharge
capability in the same calendar year, except that the amount of
City's recharge in State's facilities shall not exceed the amount
of State's recharge in City's facilities.
c. A limited term arrangement for the coordinated
generation of'State and City ground water programs to gain opera-
tional and institutional experience for a long term agreement.
d. The State will honor existing contractural
obligations with the City on Kern Fan Element lands acquired from
Tenneco West, Inc.
2. DEFINITIONS
a. Kern Water Bank shall mean all opportunities for the
'~" Department to store and extract imported SWP water in the Kern
!'"~"~'" County' Ground Water Basin by contract with the Agency.
- b. State Kern Fan Element property shall mean that area
of approximately 20,000 acres overlying the Kern county Ground
~' water Basin located in the Kern River'Fan west of Bakersfield and
-.- .' set forth on 'map .entitled Exhibit "A".
c. Kern Fan Element shall mean a componen5 of the Kern
Water-Bank consisting of those project facilities for ground water
recharge, storage and extraction Primarily on State Kern Fan
Element property.
d. City Spreading Area shall mean that area of
approximately 2,800 acres overlying the Kern County Ground Water
Basin located in the Kern River Fan and set forth on map entiEled
Exhibit "A".
4
e. Kern River Water shall mean that water naturally
occurring in the Kern River Basin.
f. City Spreading Capacity shall mean the volume or rate
over time that the City Spreading Area can receive, spread and bank
water.
g. Excess Spreading Capacity shall mean that City
spreading capacity, as determined by City, excess to its own ground
water recharge requirements on the City Spreading Area and excess
to requirements of others under the Basic Spreading Agreements.
h. Net State Spreading Volume shall mean that volume of
water recharged by the State in the City Spreading Area in excess
of the water recharged by the City in State Kern Fan Element
property during any calendar year.
~ . i. Lost Spreading Capacity shall mean that City Spreading
Capacity uSed by State which would otherwise have been used by
City', as computed by the City and mutually agreed to by City and
State. - -
j.. SWP water is water :developed under the State Water
Resources Development System which is available for storage,
recharge, extraction and/or delivery.
k. Basic Spreading Agreements include Agreement No. 77-
-07 W.B. dated November 9, 1977, which agreement has been amended
as set forth in Agreement No. 78-12 W.B. dated June 27, 1978,
Agreement No. 81-76, dated April 15, 1981, and a supplemental
Agreement No. 84-232 with the Agency. All of these agreements are
between the City, Olcese Water District, and the Agency and are
jointly referred to in this agreement as the "Basic Spreading
Agreements".
1. Basic Spreading Contractors shall mean Olcese Water
District, Buena Vista Water Storage District, and Kern County Water
Agency.
3. USE OF CITY SPREADIN$ AREA:
a. SSaSe shall have the righ5 under City operation ~o use
City's Excess Spreading Capacity to spread and bank SWP water on
City Spreading Area subject to all the limitations expressed in
this Agreement.
(1) All rights created in ~his Agreement shall also
be subject to those rights granted to~ the Basic Spreading
Contractors.
· ' -~ (2) Whenever Kern River or other local water is
~.i available_ for spreading in ·City Spreading Area, it will be given
priority for spreading over water from the California Aqueduct.
.... C3) In considerat±on for the establishment of a
-priority -spreading position -immediately following the Basic
Spreading Agreements, and in order to maintain a positive hydraulic
gradient from the City Spreading Area to the State KFE properties,
State agrees that over the life of this agreement a minimum of ten
percent (10%) of the State KFE water shall be spread in City
Spreading Area. This minimum delivery provision shall not apply
during any period local uses under the Basic Spreading. Agreements
require full Utilization during the same period and the State would
have otherwise recharged water in the City Spreading Area.
b. Operational Conditions:
(1) State shall make every reasonable effort to use
the highest quality water available for spreading in City Spreading
Area and KFE property. Primary consideration shall be given to
making high quality water available through SWP operations or
direct exchanges of SWP water fOr Kern River or Friant Kern Canal
water.
(a) At no time shall the daily water quality
of State water delivered to City Spreading Area be in excess of 500
parts per million of total dissolved solids.
(b) The weighted average water quality of any
State water delivered to City Spreading Area shall not exceed 440
parts per million'of total dissolved solids based on flow during
any 30-day period.
~'~ · ~- (c) The weighted average water quality of any
State water delivered to City Spreading Area shall not exceed 300
parts per million of total dissolved solids-based on flow in any
previous 12. month period~
(d) State shall not spread or recharge water
in City ~Spreading Area' that would not comply with applicable
federal and state, or local government water quality laws,
standards, regulations, or statutes, pertaining to all groundwater
recharge in City Spreading Area, whether in existence on the date
this Agreement is executed or promulgated at any time, once such
standard or provision becomes final and enforceable by the
appropriate governmental agency.
7
(2) State, City, and Agency shall cooperatively
develop a monitoring program to determine the quality and quantity
of all water spread in City Spreading Area and Kern Fan Element
lands.
(3) State and City shall, from time to time, jointly
review the water quality provisions of this Agreement in light of
State and Federal regulations governing the quality oX surface
Water or groundwater provided by public water supply systems to
determine whether the water quality provisions of this Agreement
require modification.
(4) Each party shall provide at least 5 working days
notice to the other party, or less by mutual consent, concerning
the availability or cessation of deliveries to the recharge
~ faci!ities.
i5) Once access and use of recharge facilities has
been granted by.City to State, such access to the ~acility shall
be for a minimum of 30 consecutive days or duration of available
':¥~SUpPly/ whichever 'is' less, in order to avoid distruptions of Water
......... service and conveyance operations, with the following eXception:
In, the event of sudden unforeseeable storm
condition or other emergency, State shall make every reasonable
effort to discontinue spreading within 24 hours of notification by
City. ~
c. Spreading Fee:
(1) At the end of each calendar year the Net State
SPreading Volume shall be calculated and agreed to among the
parties. In those years in which net State spreading occurs State
shall pay to City for each acre-foot of net State spreading, a fee
consisting of the following components:
(a) A Spreading Component of $3.00 per acre foot.
(b) A Facilities Improvement Component, not to
exceed fifty percent (50%) of Spreading Component.
(c) An Operations and Maintenance component of
$0.50 per acre foot.
(2) The'Spreading and Facilities Improvement components
of the fee provided for in this Section are subject to escalation
on the basis of the July 1977 Price Index "All Commodities" classi-
fications for the Wholesale Price Indexes for Major Commodity Group
published by the U. S. Bureau of Labor Statistics. AdjusEments to
the. fee will be made prior to February 15th of each year,- or as
soon thereafter as is possible based on the January Index for the
current year. Fees payable during a calendar year shall be based
on .the January Index for that year. The July 1977 Price Index
.stood at 6541.
(3) The Operations and Maintenance component of the fee
shall be subject to escalation on the basis -of the January 1984
Price Index "Ail Commodities". classification for the Wholesale
Price Indexes ~or. Major.Commodity Group published by the' U. S.
Bureau of Labor Statistics. Adjustments to the fee will be made
prior to February 15th of each year, or as soon thereafter as is
possible based on the January Index for the current year. Fees
payable during a calendar year shall be based on the JanUary Index
for that year. The January 1984 Price Index stood at 102.9.
(4) To reimburse City for on-going costs related
directly to State participation in City Spreading Area, i.e.,
recordkeeping, ground-water accounting, providing water forecasts
and scheduling information on local water conditions; and produc-
tion of an annual report showing all spreading, banking, extraction
and transfer activities and accumulated storage balances in .the
City Spreading Area, State agrees to a minimum annual payment of
twelve-thousand dollars ($12,000) payable to City. City shall
subtract from this annual payment any other fees received from
State that year for use of City Spreading Area. However, in no
event shall the minimum annual payment to City be less than twelve-
thousand dollars.
(5)_ Fees~ for the agreed to Net State Spreading Volume
will be calculated by the City at the end of each calendar year and
be' due and payable by State to City within sixty (60) days after
receip~ or-City invoice.
4. USE OF KERN FAN ELEMENT;
a. To offset any lost spreading capacity by City for the
use of the City Spreading Area, City. and its Basic Spreading
Contractors Shall have a priority right to use KFE facilities for
spreading and banking of local waters, in any calendar year the
State has used City Spreading Area during that same year. City
Spreading Area recharge capacity is presently estimated to be at
least'200,000 acre-feet per year. The priority right to use Kern
10
Fan Element Facilities granted to City by .State shall not exceed
the amount of water determined to be lost spreading capacity
resulting from the State spreading its water in the City Spreading
Area, which, in any case, shall not exceed the amount of State's
recharge in City's facilities.
(1) State shall provide, at no cost to the City,
mutually agreed to works and facilities necessary or appropriate
on State Kern Fan Element property to divert Kern River water or
other local water into State's spreading areas and to spread said
water for the purposes set forth in Section 4(a).
(2) State will not charge City any user fees on City
water spread on State KFE properties for the purposes set forth in
Section 4(a), up to the amount spread by the State in the City
Spreading Area during the same calendar year.
b. Operational conditions.
~ ~ ~- (1)~ Each party shall Provide a~ least 5 working days
notice.to the other party,~ or less by mutual consent, concerning
the availability or cessation of deliveries to the recharge
facilities.
_~.. (2) once access and use of recharge facilities has
been granted by State to City, such access to the facility shall
be for a minimum .of 30 consecutive days or for the duration of
available supply, whichever is less, in order to avoid disruption
of water service and conveyance operations, with the following
exception:
11
In the event of sudden unforeseeable storm
condition or other emergency, the City shall make every reasonable
effort to discontinue spreading within 24 hours of notification by
State.
5. POINT OF DIVERSION:
a. In order to implement the reciprocal use of
facilities outlined in this agreement, City, State and Agency agree
to work toward the establishment of a two-way delivery and
diversion point to be located in Section 9 of T30S, R26E, MDB&M,
as described in the State Technical Report dated April, 1987, or
at some other agreed upon location.~ All costs associated with the'
construction of this delivery point shall be borne by the State.
The 'State, in conjunction with Agency, shall coordinate all
deliveries of State water to the City Spreading Area through the
City's water operations office. City shall coordinate deliveries
of Ci~y water to State KFE properties through Agency and state.
· ~, S~ate~ City, and Agency shall cooperatively develop a detailed
'' ~operational control ~lan which will ~tate the provisions for the
physical delivery of State water and City water.
6.. USE QF RIVER CANAL;
a. Subject to the rights of the City and the rights of
~-' ~ny other entity under the 1964. Amendment of the Miller-Haggin
Agreement, or prior.City contracts, State may use the River Canal
for transportation of water to recharge sites on KFE property or
for transportation of water pumped from KFE .property.
12
b. Use of the River Canal by the State shall be scheduled
through the City, shall be arranged so that it will not interfere
with other uses of the River Canal by the City or any other entity
with prior rights, and will be subject to the usual transportation
costs provided in paragraph 5(h) of the 1964 Amendment of the
Miller-Haggin Agreement.
c. Operational Conditions
(1) Each Party shall provide at least five working
days' notice to the other party, or less, by mutual consent,
concerning the availability or cessation of deliveries to the
recharge facilities.
7. QWNERSHIP OF WATER:
a. ' State shall retain ownership of all waters State
spreads and banks in City Spreading Area. State reserves the right
to change ownership of water to Agency as delivery of SWP
entitlement.'
b. - City shall retain ownership of all water City
~-spreads-and banks 'in State Kern Fan Element property. City~
.......... reserves the ~righ~ to change ownership of water To other Basic
Spreading Contractors.
c. City shall maintain accurate records of the.quantity
or-State water diverted 'and banked in City Spreading Area; copies
of said records shall be furnished to State upon request.
d. State shall maintain accurate records of the
quantity of Kern River Water diverted and banked in Kern Fan
13
Element property; copies of said records shall be furnished to City
upon request.
8.' ~XTRACTION OF BANKED WATER:
a. State shall not have the right to use existing
facilities or construct any facilities in City Spreading Area for
extraction of State owned water unless otherwise agreed to by City.
b. Extraction of water spread and banked by StaSe shall
be limited to the net amount of water placed in ground water
storage.
c. To mitigate potential interference with City's on-
going local extraction program, State agrees not to drill or place
extraction wells closer than one-half (1/2) mile from existing
extraction facilities located in City Spreading Area without.prior
written consent of CitY. State and City agree to monitor and
establish~operational criteria for all existing KFE extraction
Wells aquir'ed~fro~ Te~o that are located within one-half (1/2)
mile of City- Spreading Area in order to maintain optimum
~ ~'~'i.~ 'groUndwater pumping levels for State and City projec%s.
9.' COMPLIANCE WITH CEOA:
a State and 'City shall comply with the California
'Environmental Quality Act (CEQA) and all related regulations if',
has, and when applicable.
10. PRIOR AGREEMENTS:
a. On May 2, 1977 the. City, Tenneco West, Inc. and
Tenneco Realty Development Corporation entered into Agreement No.
77-71, which provides for CiEy's use of Tenneco's wells and canals
.14
when they are not used by Tenneco, and provides for purchase by
Tenneco of specific amounts of Kern River water for use on the
Tenneco property. Agreement No. 77-71 applied generally to the
lands which have subsequently been purchased by the State for the
Kern Fan Element. The State will honor existing contractual
obligations with the City on Kern Fan Element lands acquired from
Tenneco West, Inc.
b. To the extent that any rights the State may have
under Agreement No. 77-71 are exercised to purchase miscellaneous
Kern River water, such purchase shall be for irrigation use~JKern
Fan Element lands Ehat will be lease farmed until the year 1994,
or when those lands are taken out of agricultural production.
c. Any purchase and use of Kern River water purusant to
this section shall not be in any manner or form used as banked
water available for extraction for Kern WaEer Bank purposes.
11. INDEMNIFICATION:
.... a' State shall indemnify, defend (upon written request
~ ' of the City), and hold harmless Ci~y,~ its officers, employees, and
agents from any and all loss, damage, liability,- claims, or causes
of action of every nature whatsoever from damage to or destruction
· of,. Or interference with the use of ownership of property or for
Personal injury to any person arising out of, caused, or resulting
from State's use of .·the City's land of facilities for the purpose
herein authorized; provided, howe~er, that State shall have no such
obligation with respect t° such of the foregoing as are caused by
the sole active negligence or willful misconduct of the City, its
officers, employees and agents.
b. City shall indemnify, defend (upon written request of
the State), and hold harmless the State, its officers, employees,
and ·agents from any and all loss, damage, liability, claims, or
causes of action of every nature whatsoever from damage to or
destruction of, or interference with the use or ownership of pro-
perty or for personal injury to any person arising out of, caused
by, or resulting from the City's use of the State's land or facil-
ities for the purpose herein authorized; provided, however, that
the City shall have no such obligation with respect to such of the
· foregoing as are caused by the sole active negligence or willful
/q misconduct of the State, its officers, employees and agents.
"..' :..~il-i"-.-~,~.i .'
- COSTS:
'.'-'' .- a. In the event of litigation between the parties with
respect ~o this agreement, including interpretation or enforcement
'~"'. of any of the terms or provisions hereof, the prevailing party in
~ "-'' such' liEig~tion shall, be entitled to 'recover, in addition to any
other relief granted, all of such party's litigation expenses,
including without limitation, costs of suit, expert witness fees,
and attorney's fees; provided, however, said attorney's fees shall
--- be in'an amount that is reasonable and such amount shall be _fixed
by the court or tribunal before which the litigation is pending.
13. TERM;
a. The term of this· agreement shall be five (5) years
commencing September 1, 1989 through September 1, 1994. Beyond
16
September 1, 1994, this agreement will renew annually unless
terminated by either party upon 30 days written notice to the other
party.
a. Any notice, request, tender, demand, delivery,
approval or other communication provided for, required or arising
under this agreement shall be in writing and shall be deemed deliv-
ered if in person to an individual or any officer of a corporate
party, or, if mailed, three (3) business days following deposit in
the United States Mail, registered or certified, return receipt
requested, postage prepaid, addressed to the party or parties at
the address or addresses of which such party may give notice in the
manner set forth herein:
CITY: City of Bakersfield
Department of Water Resources
Bakersfield, CA 93309
STATE: State of California
........ ._ ~_·- . .... S~ate Water Project Analysis Office
Division of Operations and 'Maintenance
Department of Water Resources
P. O. Box 94283.6
Sacramento, CA 94236-0001
15. SUCCESSORS AND ASSIGNS:
a. The terms and provisions of this agreement shall bind
and shall inure to the benefit or the parties hereto and their
respective successors and assigns; provided, however, the State
shall not be entitled to transfer or assign its right, title or
interest in and to Ehis agreement, in whole or in part, without the
express prior written consent of City, .its successors or assigns,
and each of them.
IN WITNESS WHEREOF, the authorized representatives of the
parties have executed this agreement on' the day and year first
above written.
ADproved as to legal form STATE OF CALIFORNIA
and sufficiency: DEPARTMENT OF WATER RESOURCES
Chief Counsel Director
Deparrnuent of Wa%er Resources
Date Date
Attesti CITY OF BAKERSFIELD
Clerk of Ehe Council _- Mayor_
Date Date
Approved to as to form: KERN COUNTY WATER AGENCY2'
· City Attorney Name
Date Title
Finance Director Date
Date
18
AGREEMENT NO.
CARRIER CANAL DEVELOPMENT AGREEMENT
BETWEEN 1100 MOHAWK PARTNERSHIP AND THE CITY OF BAKERSFIELD
THIS CARRIER CANAL DEVELOPMENT AGREEMENT, is made and
entered into this day of , 1989, by and between
the CITY OF BAKERSFIELD, a municipal corporation (CITY), and
1100 MOHAWK PARTNERSHIP, a limited partnership existing under the
laws of the State of California, (DEVELOPER).
RECITALS
WHEREAS, CITY is the owner in fee and operator of that
certain portion of the Carrier Canal in the City of Bakersfield,
County of Kern, State of California, which ownership is delineated
on the map attached to and made a part of this agreement as
Exhibit "A"; and,
WHEREAS, DEVELOPER desires to construct parking for
developments to take place near the Carrier Canal, and is willing
to purchase the fee ownership from.CITY and return an easement to
the CITY for canal purposes for access, maintenance, and
inspection, which easements are delineated on the map attached to
and made a part of this agreement as Exhibit "A"; and,
WHEREAS, DEVELOPER may build on-grade parking facilities
which cover the Carrier Canal at locations to be delineated on
the. map attached to and made ~a part of this agreement as Exhibit
"A" and may build structures'permitted~by zoning and not over the
Carrier Canal Easement, and must build the culvert and earthwork
called for in this agreement; and,
WHEREAS, DEVELOPER will pay fair market value for the
Carrier Canal at the improved price (not including surface impro-
vements such as asphalt, curbs, gutters, et al. for parking) minus
the cost of installing the canal structure improvements plus a
ten percent (10%) incentive to be given to the DEVELOPER if said
development costs falls below the appraised fair .market value
thereby returning funds to City; and,
WHEREAS, CITY will agree to the covering of the Carrier
Canal as delineated in Exhibit "A", and is willing to sell the
fee title to DEVELOPER and take back easements for access, main-
tenance, and inspection and will accept fair market value at the
improved .price minus the cost of installing said improvements
plus a ten percent (10%) incentive to the DEVELOPER as set forth
herein; and,
WHEREAS, a current appraisal ("appraisal" herein) by
B~uce Beaudoin is acceptable to CITY and DEVELOPER to set the fair
market value for a period of one year from the date set forth in
the appraisal;
NOW, THEREFORE, in consideration of the mutual covenants
set forth herein, the parties agree as follows:
AGREEMENT
1. DESCRIPTION OF WORK. DEVELOPER shall provide all
materials and labor for, and shall be responsible for carrying out
to completion the following construction project:
The covering of certain portions of the Carrier
Canal as set forth in Exhibit "A," for the purposes
of constructing canal improvements as delineated in
Exhibit "A", which is attached to and made a part of
this agreement, and according to plans and specifi-
cations approved by the CITY.
The work to be done'under this agreement is shown on the
attached drawings entitled Exhibit "A" and will be further
described in plans and specifications which will be prepared for
this project and such plans and specifications are incorporated by
reference as though fully set forth herein, and shall-be binding
on the parties to this agreement. All work shall be done as set
forth in this contract, the attached exhibits, and the plans and
specifications. . ......
2. APPROVAL OF' PLANS. DEVELOPER shall provide CITY
with a complete set, or sets, of construction plans and specifica-
tions and a compl~ete set of "as built" plans for the covering of
a portion of the Carrier Canal delineated in. Exhibit "A." CITY's
written approval of all plans and specifications shall be neces-
sary prior to any construction on the Carrier Canal. All plans
and specifications provided by DEVELOPER for the on-grade parking
shall be at DEVELOPER's sole expense and shall not be included in
the cost for the total project. Plans and specifications for the
improvements appurtenant to the box culvert shall, be included in
the total project costs (including but not limited to the
relocation of a sewer force main or other piping to be removed).
3. MATERIALS AND EQUIPMENT. All materials and equip-
ment shown or specified on the plans or in the specifications,
-2-
o ·
or required to complete the project, shall be provided and
securely installed and placed by DEVELOPER. Provision and
installation of materials and equipment shall include everything
required for satisfactory performance, regardless of omission
of specific reference on plans or specifications. Standard
building practice will be followed to achieve this result.
Materials and equipment in the project shall be new. Workmanship
shall be first class.
4. WARRANTIES. DEVELOPER guarantees and warrants all
work performed under this agreement for a period of one (1) year
after the completion of the construction and acceptance by the
CITY, and shall pay all costs of any and all repairs or
maintenance required, and shall pay for any replacement of any
parts required to maintain these structures described in the
plans and specifications in good operating condition. Acceptance
shall be complete upon filing a not~ce of completion and the
expiration of thirty-five (35) days after the recording of such
notice. DEVELOPER further guarantees and warrants that any
improvements constructed over the portion of the Carrier Canal
covered by the project set forth in this agreement shall in no way
endanger or cause actual harm to the integrity of the improvements
installed under this agreement. Should the improvements set forth
herein be endangered or harmed by future overlying improvements,
DEVELOPER shall, at the request of CITY, take steps which ade-
quately remedy the condition or conditions which endanger or have
caused harm to the improvements set forth herein.
5. CONSTRUCTION SCHEDULE. Upon CITY approval of the
'plans and specifications for the construction of the project
described herein, DEVELOPER shall be entitled to commence
~construction for a forty-five (45) day period between October 1,
~.-~ ~j~-and December 15, only. DEVELOPER shall.give notice to the CITY
sixty (60). days prior to the commencement of construction. One
week prior to start of construction-and one week after the forty-
five (45) day period.has expired, the CITY shall cease operation
of the Carrier Canal so that developer may construct necessary
'bypass facilities. Such bypass facilities shall be capable of
diverting a minimum flow of 75 CFS around and/or through the
project site. DEVELOPER shall notify CITY prior to starting such
work and immediately upon completion of construction as set forth
-in this agreement. These construction times are set in order to
prevent interference with the flow or distribution of water moving
down the Carrier Canal. DEVELOPER fully understands that emer-
.gency conditions may require the CITY to refuse DEVELOPER's
Irequest for construction under this paragraph; however, the
DEVELOPER shall be notified immediately upon such emergency
arising. Once the CITY has accepted the construction date, and
construction has actually commenced, CITY will use its best
efforts to avoid interference with DEVELOPER's construction.
-3-
6. COMPLETION. Construction shall be deemed complete
upon acceptance by CITY and the expiration of thirty-five (35)
days after filing a notice of completion with the County
Recorder's Office.
7. LIQUIDATED DAMAGES. IN THE EVENT DEVELOPER DOES
NOT COMPLETE THE PROJECT DESCRIBED HEREIN WITHIN THE TIME PERIODS
SET FORTH THEREBY CAUSING THE CARRIER CANAL TO BE SHUT-DOWN
BEYOND THE FORTY-FIVE (45) DAY PERIOD GRANTED FOR CONSTRUCTION,
THEN THE DEVELOPER SHALL BE LIABLE FOR DAMAGES OF $1,000.00 PER
DAY FOR EACH DAY THAT CONSTRUCTION CONTINUES PAST THE FORTY-FIVE
.(45) DAY PERIOD. SHOULD DEVELOPER FAIL TO COMPLETE THE PROJECT IN
A TIMELY FASHION, THE DAMAGES SUFFERED BY CITY BY REASON THEREOF
WOULD BE UNCERTAIN OR VERY DIFFICULT TO ASCERTAIN. DAMAGES WOULD
INVOLVE SUCH VARIABLE FACTORS AS THE AMOUNT OF WATER AVAILABLE AND
THE PRICE THEREOF, THE CONSIDERATION THAT DOWNSTREAM USERS OF THE
CARRIER CANAL WOULD PAY TO TRANSPORT SUCH WATER, THE PRICE OF
OBTAINING ALTERNATIVE METHODS OF TRANSPORTING SUCH WATER, THE
LOSSES OF WATER WHICH WOULD BE SUSTAINED BY USING ALTERNATIVE
MEANS OF TRANSPORTING SAID WATER, AND THE DAMAGES THAT MAY BE
AWARDED AGAINST THE CITY IN LEGAL ACTIONS WHICH MAY BE FILED BY
DOWNSTREAM USERS; ALL OF WHICH WOULD RESULT IN ADDITIONAL AND
IMMEASURABLE DAMAGES AND LOSS TO THE CITY AND THE COMMUNITY. IT
IS IMPRACTICABLE AND EXTREMELY DIFFICULT TO FIX THE AMOUNT OF SUCH
DAMAGES TO THE CITY, BUT THE PARTIES ARE OF THE OPINIgN, UPON THE
BASIS OF ALL INFORMATION.AVAILABLE TO THEM, THAT SUCH DAMAGES
WOULD APPROXIMATELY EQUAL $1,000~00 PER DAY. SAID AMOUNT OF $1,000
PER DAY SHALL BE PAID TO THE CITY UPON THE EXTENSION OF-
CONSTRUCTION PAST THE FORTY-FIVE (45) DAY SHUT-DOWN PERIOD AS THE
TOTAL OF ALL LIQUIDATED DAMAGES FOR ANY AND ALL SUCH DEFAULTS AND
NOT AS A PENALTY. IN THE EVENT THIS PARAGRAPH SHOULD BE HELD TO
BE VOID FOR ANY REASON, THE CITY SHALL BE ~ENTITLED TO THE FULL
EXTENT~F DAMAGES OTHERWISE PROVIDED BY LAW.
THE-DEVELOPER AND THE CITY SPECIFICALLY ACKNOWLEDGE
THIS LIQUIDATED DAMAGES PROVISION BY THEIR SIGNATURES HERE:
BY
Developer
City.
Any damages paid under this clause are not part of the
required compensation to the City for its right, title-or
:interest in the Carrier Canal.
8. RIGHT OF INSPECTION. City shall have the right to
enter upon the project site at all reasonable times to inspect
the project and DEVELOPER's operations thereon.
-4-
9. COMPENSATION AND EXCHANGE OF TITLE. DEVELOPER will
pay to CITY the appraised value of the finished land, with improv-
ments, as set forth in the February 23, 1989 appraisal by Bruce
Beaudoin unless said appraisal shall lapse by becoming more than
one year old and then the DEVELOPER shall Pay the finished land
value as set forth in a new appraisal, said new appraisal to be
paid for by DEVELOPER. The cost of constructing said improvements
shall be.subtracted from the appraised finished land value. In
addition, the DEVELOPER will be allowed to retain ten percent
(10%) of the difference between the actual construction cost and
the appraised finished land value as a reasonable incentive. The
remainder of the funds, if any, after subtracting reconstruction
cost and incentive (if any) from the finished land value shall be
paid over to City. In no event shall the CITY owe DEVELOPER any
money because of or in any way related to the construction of the
project set forth in this agreement.
By way of example only : If the finished land value were
$1,200,000 and if the DEVELOPER constructs the project for
$1,000,000 then the CITY would be paid $180,000 ($200,000 minus
$20,000 to the DEVELOPER as incentive) as shown below:
Finished land value: $1,200,000
Construction costs: 1,000,000
Example To CITY (subtotal) $ 200,000
10% to DEVELOPER 20,000
Final to CITY $ 180,000
10. PERFORMANCE BOND. a) DEVELOPER shall furnish, at
P DEVELOPER's sole cost, within 30 days prior to the start of con-
struction a surety bond conditioned upon the full and faithful
performance of all obligations required to be performed under or
arising from this agreement and full performance and verity of all
warranties and guarantees contained herein. Said 'bond shall be at
least equal to the anticipated project costs as established by the
appraisal.
b) Said bonds shall be of a form satisfactory to the
CITY and shall be obtained from a responsible corporate surety (or
sureties), acceptable to the CITY, licensed by the State of
California to act as surety upon bonds and undertakings and
which maintains in said State at least one office for the conduct
of its business. Said surety (or sureties) shall furnish reports
as to its financial condition from time to time as requested by
the CITY.
-5-
c) If any surety becomes unacceptable to the CITY or
fails to furnish reports as to its financial condition as
requested by the CITY, DEVELOPER shall promptly furnish such
additional security as may be required from time to time to
protect the interests of the CITY and of persons supplying labor
or materials in the prosecution of the work contemplated by this
agreement.
d) In the event of any conflict between the terms of
this agreement and the terms of said bonds, the terms of this
agreement shall cOntrol and said bonds shall be deemed to be
.amended thereby. Without limiting the foregoing, the CITY shall
be entitled to exercise all rights granted to it by this Agreement
in the event of default, without control.thereof by the surety,
provided that the CITY gives the surety notice of such default at
the time or before the exercise of any such right by the CITY,
and regardless of the terms of said bonds, the exercise of any
such right by the CITY shall in no manner affect the liability
of the surety under said bonds.
11. GRANT DEEDS AND EASEMENTS. Upon completion and
acceptance by the City of all work performed by DEVELOPER under
this agreement, the CITY shall grant to DEVELOPER by grant deed
all right and title to the portion of the Carrier Canal covered by
this project (as shown in Exhibit A), and DEVELOPER shall grant
back to CITY easements for canal purposes, access, maintenance,
and inspection; said easements are set forth on maps attached to
and made a part of this agreement as Exhibit "A." Said easements
and grant deed shall be recorded.
12. TIME OF PAYMENT. DEVELOPER shall reimburse CITY
the differenCe between the appraised value of the finished
land minus the cost of constructing the improvements, and minus
ten percent (10%) of the difference between the appraised value
-~'-and the actual cost of improvements, within ninety (90) days from
the completion and acceptance of the project by the City.
13. REZONING AND ENVIRONMENTAL. DEVELOPER shall be
solely responsible for obtaining any rezoning necessary to go
forward with the project, and DEVELOPER shall be solely responsi-
ble for any and all reports, mitigation measures, or other
governmental requirements concerning, the California Environmental
Quality Act or other environmental concerns including but not
limited to hazardous materials; and DEVELOPER shall apply for and
-obtain all necessary permits and approvals required by CITY,
~STATE, or FEDERAL authorities and agencies in order to construct
'the project and shall in the actual construction of said project
comply with all such governmental requirements pertaining thereto.
-6-
CITY makes no representations concerning the suitability of the
property for the proposed project. CITY transfers the property
to DEVELOPER AS IS.
14. 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
provision at a later time, and shall not serve to vary the terms
of this Agreement.
15. FORUM. Any lawsuit pertaining to any matter arising
under, or growing out, of this contract shall be instituted in
Kern County, California.
16. TIME. Time is of the essence in this Agreement.
17. HEADINGS. All paragraph or section captions are for
reference only, and shall not be considered in construing this
Agreement.
18. NOTICES. Ail 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 OF BAKERSFIELD
i - Water Resources Division
4101 Truxtun Avenue
Bakersfield, California 93309
'- .... ...: .... ~-.~ ....... 1100 MOHAWK PARTNERSHIP ·
' . ..... 10738 West Pico Blvd., suite 3
._- _ _ Los Angeles, California 90064
(213) 475-3501
19. ASSIGNMENT. This contract shall not be assigned by
any party, or any party substituted, without prior written consent
of all the parties.
20. BINDING EFFECT. The rights and obligations of this
Agreement shall inure to the benefit of, and be binding upon, the
.parties to the contract and their heirs,, administrators, executors,
.personal representatives, successors and assigns.
-7-
21. 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
investigation expenses.
22. MERGER AND MODIFICATION. This contract sets forth
the entire agreement between the parties, and supersedes all other
oral or written representations. This contract may be modified
only in a writing approved by the City Council and signed by all'
the parties.
23. CORPORATE AUTHORITY. Each individual executing this
Agreement represents and warrants that they are duly authorized to
execute and deliver this Agreement on behalf of the corporation or
organization, if any, named herein and that this Agreement is
binding upon said corporation or organization in accordance with
its terms.
24. COMPLIANCE WITH ALL LAWS. DEVELOPER shall, at
DEVELOPER's sole cost, comply with all of the requirements of
Municipal, State, and Federal authorities now in force, or which
may hereafter be in force, pertaining to this Agreement, and shall
faithfully observe in all activities relating to or growing out of
this Agreement all Municipal ordinances and State and Federal
statutes, rules or regulations now in force or which may hereafter
be in force.
25. INDEPENDENT CONTRACTOR. This Agreement calls for
the performance of the services of DEVELOPER as an independent
contractor, and DEVELOPER will not be considered an employee of
the CITY for any purposes and is not entitled to any of the bene-
fits provided by CITY to its employees. This Agreement shall not
be construed as forming a partnership or any other association
· with DEVELOPER ot'her than that of an independent .contractor.
26. EQUAL EMPLOYMENT PROVISIONS. During the term of
this Agreement, DEVELOPER shall not discriminate against any
employee or applicant for employment because of race, creed,
color, sex,. or national origin. DEVELOPER shall take affirma-
tive action to ensure that applicants are employed, and that
employees are treated during ~mployment, without regard to their
race, creed, color, sex, or national origin.
27. TERM2 This agreement shall terminate five (5) years
'from the date of execution, unless sooner terminated as set forth
lherein.
-8-
28. CERTIFICATE OF INSURANCE. The DEVELOPER shall
furnish the City Risk Manager with a certificate of insurance
evidencing the insurance required under this agreement. The
policy shall contain an additional endorsement in favor of the
City, its mayor, council, officers, agents, employees, and
volunteers.
29. INSURANCE. In addition to any other form of
insurance or bond required under the terms of this agreement,
the DEVELOPER shall procure and maintain for the duration of
this agreement the following types and limits of insurance:
a. Automobile liability insurance, providing coverage
on an occurrence basis for bodily injury, including
death, of one or more persons, property damage
and personal injury, with limits of not less than
one million ($1,000,000) per occurrence; and
b. Broad form commercial general liability insurance,
providing coverage on an occurrence basis for
bodily injury, including death, of one or more
persons, property damage and personal injury, with
limits of not less than one million ($1,000,000)
per occurrence.
c. Workers' compensation with statutory limits and
employer's liability insurance with limits of not
less than one'million ($1,000,000) per accident. ·
All policies required of the DEVELOPER hereunder shall be primary
insurance as respects the CITY, its mayor, council, officers,
agents, employees and-volunteers and any insurance or self-
~'~i~"/~!i '~'insurance maintained by the CITY~ its mayor, council, officers,~ ~ ~
a~gents, employees and volunteers shall be excess o~f the -
DEVELOPER's insurance and shall 'not contribute with it.
The automobile liability policies shall provide coverage for
owned, non-owned and hired autos.
The liability policies shall provide contractual liability
coverage for the terms of this agreement.
The liability policies shall contain an additional insured
endorsement in favor of the CITY, its mayor, council, officers,
agents, employees and volunteers.
The workers' compensation policy shall contain a waiver of
subrogation endorsement in favor of t.he CITY, its mayor, council,
officerS, agents, employees and volunteers.
-9-
Ail policies shall contain the following endorsement: An
endorsement providing the CITY with ten (10) days written notice
of cancellation or material change in policy language or terms.
If'any part of the work under this agreement is sublet similar
insurance shall be provided by or on behalf of the subcontractors
to cover their operations. The insurance required under this
agreement shall be maintained until all work required to be
performed under the terms of this agreement is satisfactorily com-
pleted as evidenced by formal acceptance by the CITY.
The DEVELOPER shall furnish the City Risk Manager and Water
Department with a certificate of insurance evidencing the insur-
ance required under this agreement.
All costs of insurance required under this agreement shall be
included in the DEVELOPER's bid, and no additional allowance
will be made for additional costs which may be required by
extension of the insurance policies.
30. TAX NUMBERS.
DEVELOPER's Federal Tax ID. Number .
DEVELOPER is a corporation? Yes No .
(Please check one.)
o0o
-10-
IN WITNESS WHEREOF, the parties hereto have caused this
Agreement to be executed, the day and year first-above written.
"CITY"
CITY OF BAKERSFIELD
By
Mayor
APPROVED AS TO FORM:
ARTHUR J. SAALFIELD
City Attorney
By
COUNTERSIGNED:
By
Finance Director
11'00' MOHAWK PhRTNERS~IP
Partner
By.
Partner
ADD:lg
Attachment: Exhibit "A" (Map)
06/13/89
A AGMT 4
MOHAWKi-ll
-11-
....... ............
~, 1' 0.84 ACRES
~ o3,~5~.o,Or 4~' :. EXIS llNa CANAL SL OPES
%1 ~ CANAL EASEMENT ~ /~ '
~ ~ RELOCA ~D CARRIER CANAL
__ ~* 14~W~ -- 142.41'
--_ ~ · ~ _ ·
.... ~.~' PARCEL 2 0.21 ACRES ..........
~~ /~. CANAL EASEMENT ' '
.I
~ ~ o3' ~7' 4~" -J
R 15~0~
L 93.40' --~ '-
S 75' 18' 08' W ____~
~, ~ ' EXHIBIT A
X ~ RiCK~ fA ~OR · ASSOClA ~S INC
~ CONSULTING Ci~L ENGINEERS 1100 MOHAWK PARTNERSHIP
CARRIER CANAL RIGHT-OF- WA Y
1.726 "H~ S~ SUI~ 21
BAKERSFIELD, CALIFORNIA 93301 7-- 18--89
Review of proposals submitted for architectura! services on #ater Resources building
Schroeder Reflf ro-Russe! Bob St, uhr BFGC
Considerations
Oualifications/
experience OK OI
Can meet const. Yes Yes Yes Yes
deadline
Fee 1) 6-~/4~ 2) $52,500 3) 8~
RgreemenL/ OK OK OK OK
constraints
Errors & $S00,000 4) $1,000,000 $[,000,000 $1,000,000
omissions
1) Includes planning, architecture, structural, mechanical and electrical engineering.
2) Includes landscaping design and draNings at no additional charge.
" 3) Based on $1,000,000 project, this figure relates to 5.25~. HoNever, interior design ($6500)
and landscape design ($1500) are available at an additional cost.
~:-. · 4) Can be raised to $1:,000,000 if required at nD additional cost.
DOMESTIC WATER ENTERPRICES
MAINLINE EXTENSION REFUND REASSIGNMENTS
Special Meeting, Water Board - City of Bakersfield
August 3, 1989
Tract/
Water Board Parcel Remaining
Reassigned to No. Map Balance
Carlo J. pedron or Evelyn G. Pedron, 2½% 87-10 W.B. PM #8096 $101,126.57
Trustees for the Carlo J . and Evelyn G. 2½% 86-05 W.B. PM #7332 107,926.26
Pedron Living Trust Dated June 7, 1989 2½% 85-13 W.B. TR #4777 12,829.88
5530 Amby Drive 2½% 84-05 W.B. TR #4627 18,122.00
San Jose, CA 95124-6333 2½% 83-49 W.B. Water/Gosford 85,669.41
2½% 83-13 W.B. TR #4489 113,151.63
2½% 83-17 W.B. PM #6368 86,659.34
TOTAL ............. $525,485.09
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF BAKERSFIELD ESTABLISHING GOALS
FOR THE BAKERSFIELD EDUCATIONAL STUDIES
AREA AND 2800 ACRE RECHARGE AREA.
WHEREAS, the City Council of the City of Bakersfield has
established a Bakersfield Educational Studies Area located between Coffee
Road and the Stockdale Highway Bridge, and on the City owned 2800 Acre
Recharge Area; and
WHEREAS, the City Council of the City of Bakersfield, in conjunc-
tion and coordination with the Bakersfield Educational Studies Area
Advisory Committee, believes the establishment of management goals for the
area is desirable;
NOW, THEREFORE, be it hereby resolved, by the Council of the City
of Bakersfield as follows:
., That the Council of the City of Bakersfield hereby declares
the following management goals for the Bakersfield Educational Studies
Area;
.-. . Kern River Channel Maintenance
· Groundwater recharge and extraction
~.._.,~. ~ .~ ...... Educational Studies in the Area
· . Habitat _Preservation in Clearly 'Defined Areas
· Wildlife Preservation in Clearly Defined Areas
· Habitat RestoratiOn in Clearly Defined Areas
Wildlife Restoration in Clearly Defined Areas
· Limited Public Use in the Area
I HEREBY CERTIFY that the foregoing Resolution was passed
and adopted by the Council of the City of Bakersfield at a regular
meeting thereof held on , by the
fol 1 owing vote:
'CITY CLERK and Ex OffiCio Clerk of the
Council of the City of Bakersfield
APPROVED
CLARENCE E. MEDDERS
MAYOR of the City of Bakersfield
APPROVED as to form:
ARTHUR J'. SAA[FI'ELD
". .... · CITY ATTORNEY of the City of Bakersfield
GB:rw
7/28/89
R.2800.1-2
t NAGEMENT PLAN
for
BAKERSFIELD EDUCATIONAL STUDIES AREA and
2800 ACRE RECHARGE FACILITY
SUBMITTED BY: BAKERSFIELD EDUCATIONAL STUDIES AREA ADVISORY COMMITTEE
I. SUMMARY'
This plan proposes a broad set of management actions and agreements
':" for the 440"acre Bakersfield Educational Studies Area (hereafter
'"':' · "BESA") and'ithe. 2500 Acre Groundwater Recharge Facility (hereaf.ter.
~:' .. "2800"'Acres")';-"'both of which are .owned by the'City of Bakersfield
~"~'~','~(hereafteri.i"Cit~') along the lower-Kern River. These 2 sites are
. ..: uniquely imPortant'ecological areas," offering wildlife habitat and
~'.~.edUcational..opportunities for the greater Bakersfield area. This plan
;'.'~.'i~:'i':.!'i'Was'::developed bY theBakersfield Educational Studies' Area Advisory
'' :' '. Committee'(hereafter "Committee") and.will be carried out under a
.... .::.'.~.j~?.cooperative' program with the' City....... '
'-:!!ii::-'i;.:.-:!:"':i::i::C:!i~i'i': Th~ :"sit~. Of:. B~kersfield o~s over 3700 acres of. property along
::'i:ii~::i.::~<~i;th~ii~ower Kern'River, st=e=chin~ some ~4 miles ~rom Manor Street on
Enos Lane on the west' As a result of recent biological
~'~:'::~*~if~:inventories";'~much of this area has been determined to conta'in
· ..~ .:.i.'i significantly high quality wildlife habitat and native vegetation. The
--~::"¥.?~:::!~.'City-isl. interested in enhancing the educational and ecological'. ..
..'."':'!';:!':~!?!/potential ofmuch of this area and has sought community' involvement in
............ ..~his'Ceffor~ by creating the Bakersfield Educational Studies Area
" ' Advisory Committee.
Bi' The Bakersfield Educational Studies Area Committee is a City-'
appointed advisory group composed of representatives from local
· .. educational institutions and conservation organizations. The Committee
was formally established on March ~, 19S9 by the Council of the City
of Bakersfield by Resolution No. 32-89. Its primary purpose is to
advise upon the management of the two subject areas. The Committee is
composed of 9 members, being represented by delegates from The Nature
Conservancy, Cal State University, Bakersfield, Kern County
Superintendent of Schools, Bakersfield College, Kern-Kaweah Chapter of
the Sierra Club, Kern Audubon Society~ California Native Plant
Society, Kern River Parkway Committee' and the California Department of
Fish & Game.
C. The BESA consists of approximately 440 acres and provides some
of the finest natural habitat remaining in the southern San Joaquin
· Valley, including two critically endangered native California
ecosystems - valley riparian woodlands and annual grassland savannah.
The BESA has been shown to be a unique ecologica.1 area of high value,
especially for the endangered San Joaquin Kit Fox and San Joaquin
Antelope Squirrel. It is located along the lower Kern River
immediately north of California State University, Bakersfield,
stretching from Coffee Road to the Stockdale Highway bridge.
D. The 2800.Acres is the site of the City's Groundwater Recharge
Facility and is located from a point l~ miles· downstream from the
Stockdale.~ighway bridge to Enos Lane. It contains an impressive
diversity of·natural vegetative communities and their associated flora
' '. and 'faunal' Typical native communities include riparian woodlands,
_.,,.'...~.:'.'.. valley~saltbush scrub, valley mesquite savannah and annual grasslands.
' ".'i '..!.'?i Peri'odic'. flooding of.percolation basins within the 2800 Acres provides
' ":'.,.-' seasonal marsh and wetlands· Conditions for a multitude of plants and
!/.:'i:. animalSl :. - '
'-':¥'~'.':¥.?:"'?iE~:'i'"::'!' Both the BESA'and'the 2800 Acres are within the planning
· . :- : boundaries of the Kern River Plan,.which is part of the City's and the
~J!i'i-i'.iii:?'i'C'0unty.of Kern's general plan. The BESA is also part of the Kern River
:.-:i!::i~>:i>..~!.Parkway P!an,-.a City-_plan-' for mpprox~mate!y 1400 acres' Of .the lower
'~/-:'~.~i:.i~i:iii.i, Kern;. Rive~ covering an'B mile sr~r. etch. through the metropolitan area.-
.~:~~.:~:i~~:~~~~~dditi~na~~y~ the City has an. approved 'Channel Maintenance Program
. .' .'.:':.~.,"...-that applies to·the primary flood channel of the Kern River through
' .':;~:~.,:¥~i':.? 'both:.' areas, . '
. ..:~::~' ~7.. ~:~;.:::~:.,~i~,.:~.~,;.' .4,. ......_:. ~-. · . " - .... . - . ... - - '"' -
.':': ....'i '.,' F'; ...... ~ The City and the Committee will cooperatively manage the BESA'
· '....,...'. and the 2800. Acres in a manner which will promote the'areas
'~::?::!:'~'!>.~.,identified wildlife;' ecological and educational values. The management
"'??::~'i~:.'i" of these areas will be administered in-harmony With the City's channel.
:.. maintenance and groundwater recharge programs.
III. ~HE PLAN
'.'': ' A. GOAL. The foremost goal o~ this plan is to manage the BESA and
2800 Acres as natural areas for the protection, restoration and
enhancement of the native habitat, wildlife and educational values
found on these ~wo sites.
.Bi OBJECTIVES. In order to accomplish this goal, two major
objectives are.planned:
1. Educational: To provide a location with excellent
opportunities for educational field trips, scientific
research, nature study, and environmental education programs.
2. Habitat Enhancement: .To enhance the existing natural habitats
through native plant restoration, development of water sources
for wildlife., control of exotic/feral species, restoration of
· ' land subjected.to previous disturbances, proper abandonment of
oil and gas wells, and.r_emoval of trash and rubbish. In
addition, a long range objective of the plan is to survey and
identify those areas adjacent to the. BESA and the 2800 Acres
which, if acquired, would allow for the expansion of the
protected corridor along the lower Kern River and provide more
open space as Bakersfield experiences future growth.
The following activities are inconsistent with this management plan
and will .not be permitted on either site: livestock grazing, tree
cutting, and/or firewood removal, overnight camping, off-road vehicle
use', hunting, and/or discharge of firearms,.introduction of non-native
~. plants or. animals; and other'activities which might result in the
-.. ~;incidental -take of listed species of wildlife.
· '' ~'<~'C." MANAGEMENT RESPONSIBILITIES. Management actions for the BESA
-z.:~:<¥and-the 2800 Acres will be'shared by the City and the Committee as'
--..:-r'<:.,,~.. ..... ' .- installed or constructed in 'the future.
'::.~:. ..... · B... Respond to reports of unauthorized use with guard'patrols
'.':~:"" ...... :":'""' where possible
-.-~:.=<¥.-~:':...~',"---... C... Provide technical assistance to the Committee ~n the
,~...'..i.- application for grant monies where feasible.
:.. D.... Permit the various activities'consistent with this plan.
- E. Provide for bike and equestrian trails consistent with
'":~'"""~- '' " '-the Kern River Plan and the Objectives of this plan
F 'Comply with applicable sections of both the federal and
state endangered species acts in order to prevent the
incidental take of listed species of plants and animals.
2. The Committee will:
A. Prepare a written annual plan for the BESA and the 2800'
Acres.
B. Provide ecological review and management advice for any
future projects planned by the City'. The Committee
members' wide spectrum of expertise will be shared
PLAN- PAGE 4
' cooperatively with the City in these coordination
efforts.
· C. Establish working subcommittees to develop and implement
the goals and objectives of this plan.
D.' Maintain all signs, fences, trails and other facilities
associated with the ecological management of both sites,
including those installed or constructed in the future.
E. Enlist community support for the various projects
undertaken in the 2 preserve areas.
F. Hold bi-monthly meetings (6 times/year) on the 4th
Thursday of.every other month, beginning in June, 1989.
G. Develop a fire response plan for the BESA and the 2800
Acres that would be shared with both city and county fire
departments.
D. REVIEW OF PROPOSED ACTIVITIES. The City and the Committee agree
that any and.all uses and activities proposed for the BESA and the
2800 Acres by or through either party shall be submitted to the other
party for review and comment. In order to accomplish =his review'
process,, the City and Committee will:'
: ~. i. Meet 'two'times each year for major program review.
2. 'Submit written notice to the other party for review and
evaluation at least 45 days· in advance of any specific