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HomeMy WebLinkAbout03/16/94 WATER BOARD ~- ~ ~ ~'~-- Mark Saivaggio, Chair Conni Brunni, Vice-Chair Randy Rowles MEETING NOTICE OF THE WATER BOARD OF THE CITY OF BAKERSFIELD ~' WEDNESDAY, MARCH 16, 1994 AT 4:30P.M. WATER RESOURCES CONFERENCE ROOM 1000 BUENA VISTA ROAD, BAKERSFIELD, CA AGENDA 1). CALL MEETING TO ORDER. 2). ROLL CALL - BOARD MEMBERS. 3). APPROVE MINUTES OF WATER BOARD MEETING HELD JANUARY 19, 1994. 4). PVSHc STATEMENTS. 5). DEemeD BUSINESS. A. NORTHEAST WATER SUPPLY REPORT - UPDATE AND IMPLEMENTATION OF NEXT PHASE. 6). ~ BUSINESS. A. PROPOSED 5.YEAR AGREEMENT WITH OLCESE WATER DISTRICT TO PROVIDE MISCELLANEOUS WATER FOR USE IN OLCESE DISTRICT. B. PROPOSED CoNTRAcT AGREEMENT WITH ~KE~.~RN DELTA WATER DISTRIcT CONCERNING OPERATION OF JOINTLY OWNED CARRIER CANAL EAST OF MANOR STm~ET (BICYCLe, PA~). ~ C. K~Pa~ covlvrv WATER AGENCY O~PROVEMENT ms~acrr m 4 ~,M~DMENT TO FORMATION RESOLUTION TO INCREASE TREATED WATER PRICE AND PUMP TAXES WITHIN ID N· 4 BOUNDARIES. D. DOMESTIC WATER MAINLINE EXTENSION.CONTRACTS. E. CAPITAL IMPROVEMENT PROJEC'I~ . TRUXTUN LAKE PIPELINE RETURN & CO~E ROAn WATER ~SMISSlO~ ~ EX~SIOS. WATER AWARENESS rao~z~i "rw Rrm/WAL~ rO~ WATER". m~RN cocrm'v WATER AaE~CY wrm crrY co.sPo~soR. 7). Anjo~ME~?. 1000 BUENA VISTA ROAD , BAKERSFIELD, CALIFORNIA 93311 * (805) 326-371'5 WATER BOARD - CITY OF BAKERSFIELD WEDNF_3DAY, JANUARY 19, 1994 4:30P.M. The meeting was called to order by Boardmember Salvaggio at 4:35p.m. in the Water Resources Conference Room. Present: Salvaggio, Chair; Brunni, Vice-Chair; Rowles Boardmember Brunni made a motion to approve the minutes of the Special Meeting held November 17, 1993. Motion carried. There were no public statements. The agreement with Buena Vista Water Storage District to allow exchange of Kern River water for 2800 Acre well water, was brought before the Board by Gene Bogart. The agreement is initially for five-years, but may lead to a permanent arrangement to allow City access to Buena Vista's Kern River water for use within the City. Boardmember Brunni had a concern regarding 2800 Acre groundwater extraction due to endangered species. Mr. Bogart explained that if this happened that an instantaneous exchange would be arranged, that is acceptable to both parties. Motion was made by Boardmember Salvaggio to approve this agreement. Motion carried. ~ Bulletin 160-93, the California Water Plan Update was presented before the Board by Florn · Core. The Bulletin 160-93 is a document designed to set the tone for water development and use in California to the year 2020. Mr. Core attended the State Water Resources Control Board hearing in Visalia on January 14, 1994, and presented testimony on the draft Bulletin 160-93. One of the Bulletin's major points was that demand for agricultural water will decrease by about 2 million acre feet by 2020 due to a reduction of 400,000 crop acres and increased agricultural irrigation efficiency. Boardmember Brunni asked how the 400,000 crop acres will go out of production. Staff answered that, according to the Bulletin, it would be a combination .of urbanization and water costs. Boardmember Brunni stated that since farming is a major portion of our economy, the plan is taking 200,000 of land with virtually no compensation and that is a problem.· Boardmember Brunni also stated that groundwater overdrafting is environmentally unsound and is not sustainable. Mr. Core has written a letter which translates the testimony that he gave for the record at the hearing. Motion by Boardmember Brunni to approve the letter for signature and transmittal with recommended additions. Motion carried. Mr. Core presented before the Board the letter from State Senator Phil Wyman concerning upcoming hearings on the Sacramento Delta water qUality standards. Mr. Core suggested City staff' monitor the hearings and provide appropriate responses at the hearings if and when necessary. Boardmember Brunni questioned whether staff should attend these hearings and testify. Mr. Scott Slater, City consulting attorney, suggested a letter be sent requesting the City be provided with all documents generated by the hearings. Motion was made by Boardmember Brunni for staff to send a letter requesting information. Motion carried. A letter agreement between Kern County Water Agency and City for spreading and banking of imported water in the Kern River channel was brought before the Board by Mr. Bogart. This agreement will allow the delivery and banking of water further east, upstream of the 2800 Acres, in the metropolitan area of Bakersfield. 'The extraction of the bankedwater will remain in and around the 2800 Acres. This action will effectively enlarge the 2800 Acres because the Cross Valley Canal. is at capacity for direct delivery to the spreading works. City staff recommends approval of this agreement. Motion was made by Boardmember Salvaggio to approve the agreement. Motion carried. The Northeast Water Supply project was presented to give an update and to discuss the next phase of. the report. Mr. Bogart introduced Morris Taylor of Ricks, Taylor & Associates and Joe Gillick of Kennedy/Jenks Consultants. Mr. Taylor reported there had been few comments on the first phase report. The second phase report will entail finding the best location for a water treatment plant, storage, and distribution facilities required to provide water to the participating districts. The report would define the project, facilities, sizing and estimate construction costs for various alternatives. The estimated cost to complete this second phase study is $60,000. Staff is recommending this phase of the study be cost shared by the City, Olcese Water District and Kern County Water Agency ID#4 for one-half and the other half by the potential benefiting water purveyors, those being North of the River, Oildale Mutual, Vaughn Mutual, East Niles Community Services District, California Water Service and City Domestic Water. Boardmember Brunni asked if the project is completed, would it become part of the City's water system. Mr. Core said that has not been determined. BOardmember Brunni said there is a benefit to other entities for spreading and banking capabilities the City has and asked staff and the consulting engineer if these costs will be included when estimating benefits. Mr. Bogart responded that the Citywill determine among the participants and agree on a proposal at the end of the report. Boardmember Rowles requested to see identifiable work items and to hear the response from other purveyors, to make sure the City's interest is first and foremost in this process. Mr. Core said that staff will report the financial end of financing this phase of the study at the next Board meeting. Mr. Bogart said that a City Water Board financial commitment is not needed at this time and will be presented to the Board 'at the next scheduled meeting. For Board information. No action taken. For information, Mr. Core presented three Mainline Extension Contracts, one with The DeWalt Group, Inc~ in the amount of $64,774.74 and two with Tract 5445 Partners in the amount of $61,792.14. All will be paid over a 40 year period at $3,164.18 per year. For Board information. No action taken. The Board discussed the meeting schedule for 1994 and the meeting dates are March 16th; May llth; July 6th; September 14th and November 9th. All meeting times will be at 4:30p.m. with the exception of November 9th, which will be held at 4:00p.m. Motion to approve these dates was made by Boardmember Brunni. Motion carried. There were no Board comments. Staff comments were that early indications of Kern River run-off are the amount of water available to the City will be similar to FY 1991/1992, which was 38% of normal. Water content in the watershed is well below normal for this time of year, and if the current weather patterns continue it is possible to have the driest year on record. 2 Motion to adjourn made by Boardmember Brunni at 5:42p.m. Motion carried. Mark Salvaggio, Chairmarf'r'v City of Bakersfield Water Board "' tl~ Sharon Robison, Secretary City of Bakersfield Water Board REVISED DISCUSSION DRAFT -- PROPOSED SCOPE OF WORK Facilities Plan & Feasibility Investigation Northeast Water Treatment Plant The purpose of this phase of work is to define a new treated surface water supply system for northeast Bakersfield so that financial planning, environmental review, and definitive design can be successfully completed. The proposed service area is approximately 40 square miles. It includes all of the East Niles Community Services District and Olcese Water District and the portion of Kern County Water Agency's Improvement District No. 4 east of Oswell Street. It also includes the land between Olcese and ID4 that will be served by the Northeast Sewer Assessment District. Areas outside the 40-square-mile direct service area may benefit from the proposed facilities by "freeing up" existing treatment capacity for service to other areas. The requirements for water from a new source in the proposed northeast Bakersfield service area are conservatively estimated to range from 15 mgd (23 cfs) in the year 2000 to 61 mgd (94 cfs) by 2033. A major additional benefit of the northeast Bakersfield 'system will be its ability to replace well water supplies in many areas with Kern River water when river water is available, thus preserving ground water for times of need. The 'following scope of work will test the physical and financial feasibility 'of building one or more new domestic water treatment plants to serve northeast Bakersfield. We will prepare a depiction of the proposed system and cost estimates for the recommended facilities. Costs for the proposed system will be compared to other alternatives on the bases of cost (capital, operations, maintenance, power, and replacement) and other potential benefits. The test for financial feasibility will be reasonableness of cost as compared to other methods to provide a new water supply. After financial feasibility is tested, we will address environmental feasibility and prepare a schedule for development of the recommended project. The information contained in the report of this investigation will become the basis for financial planning for the project and detailed design, if the sponsors wish to continue to develop this project. TASK 1. PREPARE CONCEPTUAL DESIGN OF TREATMENT, PIPING, AND STORAGE SYSTEMS. Purpose: This task will reduce the potentially large number of alternative projects to a manageable list of alternatives. Issues: Issues that should be addressed during performance of this task include those listed below. We will seek advice from project sponsors and their technical advisors to list additional pertinent issues that need to be addressed. · Location for Kern River diversion or diversions. ®' Location for treatment plant or plants, untreated water storage, transmission pipelines, and treated water storage. Page 1 REVISED DISCUSSION DRAFT · Definition of ancillary project purposes such as facilitation of Kern River water exchanges. · Optimization of long-term energy costs. · Consideration of phasing construction to match anticipated water demand increases over time. Approach: We will review past reports and analyze candidate projects qualitatively with the project sponsors and select a "short list" of potential projects for more detailed evaluation. We will prepare "issues lists" and discuss them with project sponsors and review siting-related issues with sponsors in the field. Schedule: We are ready to begin this task immediately upon authorization of this scope of work. We expect this task to take approximately 60 days. We are allowing an additional 30 days for review and revision. Work Product: The work product will be large, to-scale plans of alternative facilities accompanied by appropriate discussion text and evaluation matrices. Project understanding may be enhanced by preparation of "bubble" diagrams that will serve to explain the relationship between water supply points and quantities to water demands in the summer and winter seasons. Discussion: The project team will prepare to-scale plans and schematics of two alternative regional water supply systems. The first alternate will consist of using a single surface water treatment plant with the Kern River as a source. The second alternate will consist of using multiple water treatment plants on the river, including the existing Olcese Water -Treatment Plant. In both alternatives, water supplies may be supplemented in the interim by temporary service from the East Niles, ID4, and the California Water Service Company. We will recommend the more favorable alternative for further consideration based on the cost analysis and the ability of the proposed systems to meet supply criteria. TASK 2. PREPARE PROGRAM-LEVEL COST ESTIMATE. Purpose: Preparation of this cost estimate will permit potential sponsors of this project to · evaluate costs as compared to costs for alternate projects and to evaluate potential benefits. Issues: The primary issue will obtaining a valid cost estimate for the proposed project. The cost estimate must reflect EPA-driven changes in requirements for surface water treatment. Approach: The project team will draw upon a number of assets to prepare a detailed cost estimate for review by project sponsors. We will use the following sources of information in preparation of that cost estimate: · Discussions with area contractors to determine their perspective on cost trends and issues. · Recent experiences of the project team with water facilities design and construction. · Experience of the project sponsors with construction and operating costs in the Southern San Joaquin Valley. Page 2 REVISED DISCUSSION DRAFT · Knowledge of the potential impacts of EPA and California proposals to require higher treatment standards. Schedule: Work on the cost estimate will be concurrent with work on task one. We expect that the cost estimate will be available several weeks after completion of the review of the conceptual design by project sponsors. Work Product: The project cost estimate will be prepared in detailed spreadsheet format and as a summary document. Discussion: We will prepare program-level 'cost estimates in sufficient detail to permit review and discussion of the economic merits of the alternatives described above. These estimates will include consideration of probable costs for capital construction; purchase of land and easements; operating costs including power, maintenance costs; and recommendations for replacement reserves. TASK 3. ESTIMATE AND EXPLAIN SYSTEM BENEFITS, BENEFICIARIES, AND OPERATING CONSTRAINTS. Purpose: Each of the project sponsors will have to make decisions about funding this project based on relative economics, potential benefits, and other criteria. This task will identify both quantifiable benefits and non-tangible benefits that might accrue to area water entities. This task will also explain some of the operating constraints which might tend to limit benefits .to some participants. Issues: This project can have numerous, significant benefits to water entities operating in northeast Bakersfield. Additionally, it will have the potential to benefit all of the urban area by "freeing .up" capacity in the Garnett Plant and by reducing ground water use. Many of the benefits of this Project are not quantifiable, yet must be clearly identified for potential project participants and for the general public who will ultimately pay for this project. Approach: Our approach will be to prepare lists of benefits for each entity which seems to benefit from the proposed project as well as preparing a list for the ground water basin as a whole. These "benefits lists" will be drafted early in the process of preparing this report. They will be reviewed with the benefitted agency; revised t° reflect comments; and included in the draft and final reports. Schedule: Work on the "benefits lists" will begin after Task 1 has progressed sufficiently that project is identified. We expect that the draft "benefits lists" will be available several weeks after completion of the review of the conceptual design by project sponsors. Work ProduCt: The work product will be lists of potential benefits which might accrue to each of the water entities affected by the project and to the ground water basin as a whole. Discussion: For each of the alternative systems developed in Task 1, above, we will develop, discuss, and list potential benefits and conStraints. We may supplement these benefits lists Page 3 REVISED DISCUSSION DRAFT with a matrix type of presentation to assist in evaluation of potential benefits by project participants and the public. TASK 4. PREPARE DEVELOPMENT SCHEDULE. Purpose: It is necessary to have a reasonable development schedule to plan for the many administrative, technical, environmental, legal, and construction tasks that must be completed to develop the proposed northeast Bakersfield water supply system. Issues: Each of the elements necessary to develop this project must be shown and coordinated with project sponsors in order for the project to develop in an orderly manner. Approach: We will prepare a detailed project schedule for review by project sponsors and redraft it as required. The schedule will be "tied" to the cost estimate developed in Task 2, above. Schedule: Work on the project schedule will begin after Task 1 has progressed sufficiently that a project is identified. We expect that the draft project schedule will be available several weeks after completion of the review of the conceptual design by project sponsors. Work Product: The project schedule will be prepared in two formats (1) as a list of events.and (2) as a graphic linear calendar. Discussion: We will prepare implementation schedules for development of the selected alternatives. The schedules will be prepared in electronic file format so that they can be updated and revised as necessary. The schedules will show major administrative, technical, environmental, legal, and construction milestones for the recommended project. TASK 5.' DESCRIBE PROBABLE REQUIREMENTS FOR ENVIRONMENTAL DOCUMENTATION. Purpose: Potential environmental constraints must be recognized early in the development of a project. Early recognition of environmental constraints can avoid, significant project delays and mitigation costs. Issues: Most of the areas that will be impacted by the proposed project are areas which have been addressed by general and specific plans, For these areas, environmental documentation and mitigation measures should be straight forward. We will be alert to areas impacted by proposed projects that might have special biological or cultural significance. These areas might require special environmental investigation, documentation, and mitigation measures for either construction or operational'impacts. In general, we expect that construction of pipelines and treated water storage tanks will have minimal environmental impact. The treatment plant site and the untreated water storage reservoir both will occupy several acres of land and may have the potential for significant environmental impacts. Page 4 REVISED DISCUSSION DRAFT Approach: The project team will review information available to City and County Planning Departments for potentially significant environmental issues relating to the general areas in which facilities might be sited. We will recommend a general approach to environmental investigations and documentation thereof to minimize risk of significant impact to the environment. Schedule: This work will be done concurrently with preparation of the draft report. Work Product: The technical report will contain a chapter which assesses environmental risk associated with project construction and operation and recommends an approach to properly assessing and minimizing that risk. Discussion: Subject to technical contribution andreview by staff representing the City, KCWA, and Olcese, we will prepare a plan for environmental review and compliance documentation. TASK 6. PREPARE DRAFT TECHNICAL REPORT AND REVIEW WITH THOSE AFFECTED BY THE PROJECT. Purpose: The draft technical report will define the recommended northeast Bakersfield water supply project for discussion with project sponsors. Work Product: The work product will consist of 20 Copies of the draft report circulated to interested parties and two meetings. The meetings will consist of presentation and discussion of the information in the draft report and response to questions. Approach: It is critically important to the success of this project to review the contents of the Facilities Plan and Feasibility Investigation with all of those that might be affected by the proposed project. Review of the draft report will alert the project team to important issues that'must be addressed by the ~final report. Schedule: The draft report will be'prepared within 60 days of the completion of the conceptual design. Discussion: Using the information developed in the previous tasks and reviewed by the parties to this study, we will prepare a draft technical report. The draft technical report will contain sufficient information so that interested water profe, ssionals can review the methodology and conclusions of the study team; yet the report will not contain unnecessary bulk. This report will be circulated for review, its content will be presented orally to several groups. Copies of any written comments on the draft report will be included as an appendix to the final report. TASK 7. PREPARE FINAL TECHNICAL REPORT AND PREPARE REPORT SUMMARY FOR REVIEW BY THE GENERAL PUBLIC. Purpose: The final technical report will define the northeast Bakersfield water supply project sufficiently to permit project sponsors to begin financial planning, environmental documentation, final site selection, and detailed design. Page 5 REVISED DISCUSSION DRAFT Approach: The final technical report will be developed cooperatively with the project sponsors in the manner described in detail, above. Schedule: The final reportwill be completed in approximately 30 days after project sponsors complete their review of the draft report. Work PrOduct: The work product will consist of 50 Copies of the final report circulated to interested parties and two formal presentations, the presentations will consist of a formal, structured discussion of the information in the final report, and response to questions. The final report will contain written comments received during review of the draft report. In addition to the technical report, we will prepare a non-technical report summary (100 copies) for presentation to audiences that might not benefit from a rigorous, technical presentation. Discussion: Based on the review comments received, we will revise the draft technical report. We will prepare the final report, distribute it, and present the technical findings. The 'presentations will include the use of presentation aids that will show how the report data was developed and assist in explanation of the recommendations and conclusions. · Page 6 NORTHEAST WATER SUPPLY REPORT Water Resources staff and the project study engineers met with interested parties on February 1, 1994 to review the First Phase of the study, discuss the scope of Phase Two and consider financial participation of benefited water purveyors in the proposed Phase Two study. The parties agreed to the scope and concept of the proposed Phase Two, as described in the "Revised Discussion Draft". Benefited participants agreed to funding of the $60,000 Phase Two study, contingent upon each partidpants board approval. All participants at this time have received approval of the expenditure based upon the following split: Olcese Water District $10,000 Kern County Water Agency 10,000 Oildale Mutual Water Co. 5,000 Vaughn Mutual Water Co. 5,000 East Niles CSD 5,000 California Water Service 5,000 North of River Municipal WD 5,000 City of Bakersfield 1 O, 000 Ashe Water (City Domestic) 5~000 Total $60,000 DRAFT'3.02.94 .~ AGREEMENT NO. WATER SUPPLY AGREEMENT THIS AGREEMENT, dated , 1994, is between the CITY OF BAKERSFIELD, a municipal corporation ("CITY"), and OLCESE WATER DISTRICT, a California Water District ("OLCESE"). RECITALS WHEREAS: (a) CITY is a chartered city organized and existing' under and by virtue of the Constitution and laws of the State of California and is situated in the County of Kern. CITY is the successor in interest to the Kern County Canal and Water Company; and (b) OLCESE is a California Water District duly organized and existing under and by virtue of the laws of the State of California. OLCESE enters into this agreement freely in order to secure a dependable, reasonably priced raw water supply to treat said water for domestic, irrigation, and incidental agricultural purposes on OLCESE lands; and (c) OLCESE wishes to purchase water from the CITY to be delivered from the Kern River for use on OLCESE lands; and (d) CITY has entered intoCertain agreements with OLCESE, dated November 9, 1977, June 27, 1978, and April 15, 1981, which agreements are known as Agreement No. 77-07 W.B., Agreement No. 78-12 W.B. and Agreement No. 81-76 W.B., respectively, ("Basic Spreading Agreements") and said agreements are incorporated herein by reference as though fully set forth; and (e) OLCESE has entered into a certain agreement with Buena Vista Water Storage District dated March 19, 1981, which agreement has been amended by separate documents dated May 8, 1981 ("Buena Vista/Olcese Exchange") and said agreement is incorporated herein by reference as though fully set forth; and (f) CITY has certain rights to the waters of the Kern River, and CITY has determined that under existing conditions and for an interim period of time certain portions of said waters may be available for OLCESE's purchase and use; and (g) OLCESE recognizes this Agreement will become the precedent to further long-term association with CITY and the use of portions of CITY Kern River water to meet the demands for water service within the existing boundaries of OLCESE. NOW, THEREFORE, incorporating the foregoing recitals herein, CITY and OLCESE mutually agree as follows: 1. SALE OF WATER. CITY agrees to sell to OLCESE raw untreated water from the Kern River, for use within the existing boundaries of OLCESE, under the terms and conditions set forth herein. CITY and OLCESE agree this contract may be recorded in the Kern County Recorder's Office. 2. TERM. The initial term of this Agreement shall be for five years from the date of execution, unless terminated by mutual agreement or as otherwise provided herein. 3. PRICE. OLCESE agrees to pay twenty-six dollars ($26.00) per acre-foot of water, delivered to OLCESE for OLCESE's use. This stated price is set by action of the City Council and shall be changed from time to time as warranted by water supply conditions. 4. RENEWAL. This Agreement will automatically renew upon expiration of the initial term unless either party notifies the other of its election to terminate the Agreement within 30 days of renewal date. The automatic renewal shall be subject to changes in the price of water, the length of term, the uses of the water by OLCESE, and the availability of water. 5. PAYMENTS. Payments required by this Agreement which are due to CITY shall be payable monthly upon demand by CITY, such demand will normally be made by invoice to OLCESE, and no oversight by CITY in making such demand shall relieve OLCESE from making all payments due to CITY. 6. QUANTITY. CITY agrees to sell to OLCESE an amount, not to exceed five thousand (5,000) acre-feet per year, of CITY's non-utility Kern River water, or CITY water developed from CITY's operation of its 2,800 Acre Recharge Facility, during the term of this Agreement for domestic, irrigation and incidental agricultural purposes on OLCESE lands, subject to the terms of this Agreement; provided, however, CITY does not represent or guarantee the quantity stated above will be available on each and every year of this Agreement or in any year. 7. 13-YEAR WATER REQUIREMENT. Nothing contained in this Agreement · shall serve to alter or affect the procedure for determining the quantity of water in CITY's 2,800 Acre Recharge Facility OLCESE has banked each year in excess of its needs available for use outside of CITY and outside of OLCESE as set forth in the Basic Spreading Agreements. 8. SUPPLEMENTAL SOURCE OF SUPPLY. The water which is the subject of this Agreement shall be provided to OLCESE by CITY upon mutual agreement of the parties and is intended to supplement or be used as an alternative source to water supplies generated by OLCESE under the operation of the Buena Vista/Olcese Exchange. 9. CONSOLIDATION OF OPERATIONS. OLCESE and CITY acknowledge that provisions of certain existing CITY water delivery contracts (as set forth in Paragraph 21 herein) that terminate in the year 2012, will enhance the feasibility to permanently divert a portion of CITY Kern River water to meet the demands for water service to the areas of OLCESE that are within the incorporated boundaries of CITY. As consideration towards the establishment of a permanent, stable and economic water supply to OLCESE, OLCESE and CITY agree to explore, investigate and negotiate' the merging or consolidation of OLCESE system and operations into CITY's. 10. WATER QUALITY. CITY does not represent or guarantee the quality of the raw Water which is the subject of this Agreement. OLCESE understands the water specified for delivery under this Agreement, as supplied from the Kern River, is UNTREATED AND NOT FIT FOR HUMAN CONSUMPTION AS DELIVERED. OLCESE shall be solely responsible to take said water and treat it to bring the water into COnformity with all Federal, State, and County domestic wafer requirements prior to any domestic use. CITY is not responsible for the quality of water in any way or at anytime, and OLCESE's failure to properly treat the water is in no way the responsibility of the CITY. Acceptance of water by OLCESE shall constitute waiver of any CITY liability of water quality. 11. DELIVERY OF WATER. The place of delivery of the water shall be a mutually agreeable location on the Kern River. OLCESE may construct diversion facilities with the approval of the State of California Reclamation Board from the Kern River to OLCESE's lands as needed for the purpose of water delivery. Any construction in the designated floodway of the Kern River must have State Reclamation Board approval. Such diversion facility construction shall be done to the satisfaction and approval of the CITY and its Director of Water Resources. OLCESE shall bear all costs and expenses of all diversion facility construction, maintenance, repairs and replacement of the. diversion facility during the term of this Agreement. 12. RIGHT OF ACCESS. .CITY or its duly authorized agents shall at all reasonable times have the right of ingressto and egress from OLCESE's lands, including OLCESE's easements and right-of-ways, for any purpose connected with the delivery or taking of CITY Kern River water by OLCESE. CITY may use this right for all purposes related to this Agreement. 13. SUSPENSION OF DELIVERIES. Whenever maintenance of CITY's system, in the opinion of the Director of Water Resources of CITY, shall require suspension of delivery of water at any point or points, such delivery shall be suspended without liability on the part 'of CITY; provided that, except in cases of emergency as determined by the Director of Water Resources, reasonable notice of such suspension of service shall be given in advance of such suspension. Further, suspension of delivery may occur without notice and without liability to the CITY whenever CITY is unable to obtain sufficient amounts of water to supply previously existing contract demands. 14. USE OF WATER. OLCESE 'shall utilize the water received under this Agreement subject to the following conditions: (a) The water shall be used within the boundaries of OLCESE for irrigation, spreading, stock water, incidental agricultural purposes, and OLCESE may use the water for domestic purposes at OLCESE's own risk, and with OLCESE's knowledge that the water supplied is UNTREATED AND NOT FIT FOR HUMAN CONSUMPTION without proper treatment. (b) OLCESE shall not sell, transfer, substitute, or exchange any water received 'under this Agreement unless it has given prior written notice to and received the 'prior written consent of CITY to any such proposed transfer, sale, substitution, or exchange. (c) OLCESE shall not cause any unlawful pollution or contamination of the Kern River by return flows or other water use. (d) OLCESE shall not be negligent or wasteful in the use of water on OLCESE's lands and CITY may discontinue service if deemed, in CITY's judgment, that the water obtained under this Agreement is wasted or used in a manner inconsistent with the intent of this Agreement. 15. WATER METERS. It shall be the obligation of OLCESE to provide, maintain and pay for all CITY approved water meter or measuring devices necessary to measure and verify the quantities of water received by OLCESE from CITY under the terms of this Agreement. CITY is not required to bear the costs of any construction or maintenance of measuring facilities. OLCESE shall monthly provide to CITY reports detailing the amount and purpose of water used by OLCESE on its lands. Such report shall be in a format as determined and approved, by CITY Director of Water Resources. 16. SALE OR TRANSFER OF ASSETS. To meet the mutual goals of providing a stable, long-range water supply to serve the OLCESE area, OLCESE shall notify CITY of OLCESE's intention to sell or transfer the water conveyance, treatment and distribution facilities constructed by OLCESE. To further reinforce these long-range goals, OLCESE shall grant CITY first right of refusal to acquire Said facilities through out the term of this Agreement. Transfer of any right or rights under this Agreement without CITY consent shall allow CITY to terminate this Agreement. 17. WATER RIGHTS. OLCESE agrees that nothing contained in this Agreement shall affect or change the existing Kern River water rights or Lake Isabella water storage rights of CITY; and OLCESE explicitly agrees that its receipt of water is subject to all existing contracts and agreements set forth in this Agreement. Without limiting the foregoing, OLCESE, and for its successors and assigns, agrees never to assert or claim that its receipt or use of waters of the Kern River pursuant to this Agreement shall create, constitute or establish a right to the use of such water as against CITY at any time or in any manner or for any purpose except pursuant to and in accordance with this Agreement.' ff any such claim be made, it shall be void ab initio, ff at any time during the term of this Agreement OLCESE should endeavor to. establish or claim to have established any right to any such water as against CITY, then CITY may terminate the supply of water to OLCESE hereunder by written notice to OLCESE. OLCESE and CITY hereby agree during the time this Agreement is in effect that all rights or claims of rights in and to the use of Kern River water CITY may now have or which it may hereafter acquire are subject to all those agreements, documents, and decrees to which its predecessors in interest were parties, the same as if the CITY itself had executed such agreements or documents or it had been a party bound by said deCree and to the same extent as if the CITM had itself administered or otherwise interpreted such matters; to the so-called Shaw Decree to the same extent as if it had been a party defendant in said litigation; and to all agreements executed by North Kern acting for itself and for other First Point interests the same as if the CITY had expressly requested North Kern to so act for the benefit of its predecessors and to the same extent as if the CITY itself had administered and interpreted said matters in the place and stead of its predecessors-in- interest. 18. LIABILITY. Neither the CITY nor any of its officers, agents, or employees shall be liable for the control, carriage, handling, use, disposal, or distribution of water received by OLCESE. 19. INDEMNITY. OLCESE shall indemnify, defend, and hold harmless CITY, its officers, agents and employees against-any and all liability, claims, actions, causes of action or demands whatsoever against them, or any of them, for injury to or death of persons or damage to property arising out of, connected with, or caused by OLCESE, OLCESE's employees, agents or independent contractors or companies in the performance of, or in any way arising from, the terms and provisions of this Agreement. 20. DUPLICATE EXECUTION. This Agreement is entered into and executed in duplicate, either copy of which may be 'considered and used as 'the original for all purposes. 21. PRIOR RIGHTS AND OBLIGATIONS. The rights of CITY in and to the water of the Kern River and the obligations agreed to herein are subject to the existing rights and obligations flowing from all prior executed agreements and documents relating to such rights including, but not limited to, the following:' (a) Miller-Haggin Agreement, dated July 28, 1888; (b) Farmers Canal Co., et al. v. J.R. Simmons, et al. (Findings and Decree, Judge Lucien Shaw), dated August 6, 1900; (c) Agreement to supply water to Hart Park, dated March 17, 1934; (d) Agreement with North Kern Water Storage District for Use of Water Rights, dated January 1, 1952; (e) .Agreement with North Kern Water Storage District of Sale' of Canals and Other Assets for Transportation of Water, dated January 1, 1952; (f) Agreement Amending Miller-Haggin Agreement, dated September 14, 1955; (g) Agreement to Transport Rosedale-Rio Bravo Water, dated November 2, 1960; (h) Kern River Water Service Agreement with Rosedale Rio Bravo Water Storage District, dated August 31, 1961; (i) Kern River Water Rights and Storage Agreement by and among Buena Vista Water Storage District, North Kern Water Storage District, Tulare Lake Basin Water Storage District, and Hacienda Water Storage District, dated December 31, .1962; O) Agreement for Establishment and Maintenance of Minimum Recreation Pool of 30,000 Acre Feet in Isabella Reservoir, dated November 8, 1963; (k) 1964 Amendment to the Miller-Haggin Agreement dated January 1, 1964; (l) Storage Agreement among First Point Entities, dated March 3, 1964; (m) Ming Lake Temporary Service Agreement, dated June 9, 1964; (n) Contract among the United States of America and North Kern Water Storage District, Buena Vista' Water Storage District, Tulare Lake Basin Water Storage District, and Hacienda Water District, dated October 23, 1964; (o) Contract among Cawelo Water District, Kern River Canal & Irrigating Co. and North Kern Water Storage District, dated December 21, 1972; (p) Agreement among the State of California, Kern County Water Agency, and the Kern River Interests for Diversion of Flood Waters through the Kern River- California Aqueduct Intertie, dated October 16, 1975; (q) Agreement-by and between City of Bakersfield, City of Bakersfield Water Facilities Corporation, Tenneco West, Inc., Kern Island Water Company, and Kern River Canal and Irrigating Company, dated April 12, 1976; (r) Agreement for the Sale of Kern River Water and canals by and between City of Bakersfield and North Kern Water Storage District, dated May 27, 1976; (s) Agreement for the sale of Kern River Water by and between City of Bakersfield and Cawelo Water District, dated May 28, 1976; (t) Agreement for the Sale of Kern River Water by and between City of Bakersfield and Kern-Tulare Water District, dated May 28, 1976; (u) Agreement for the sale of Kern River Water by and between City of Bakersfield and Rag Gulch Water District, date May 28,~ 1976; (v) Agreement Amending the Kern River Water Service Agreement, dated August 31, 1961, to Provide for the Long-Term Sale and Delivery of Kern River Water by and between City of Bakersfield and Rosedale-Rio Bravo Water Storage District, dated June 6, 1976; (w) Agreement for the sale of Kern River Water Rights and Canals by and between City of Bakersfield and Kern Delta Water District, dated June 15, 1976; (x) Agreement by and between City of Bakersfield and Tenneco West, Inc. and Tenneco Realty Development Corporation, dated May 2, 1977; (y) Future sales, transfers or assignments of anypart or all of the rights referred to in any of the agreements and documents identified in this paragraph. 22. 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. 23. HEADINGS. All paragraph or section captions are for reference only and shall not be considered in construing this Agreement. _7 · 24. FORUM. Any lawsuit between or among the parties involving the interpretation or enforcement of this Agreement shall be instituted and maintained in Kern County, California. 25. TIME. Time is of the essence in this Agreement. 26. NOTICES. All notices relative to this Agreement shall be given in writing and shall be sent by certified or registered 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 written notice and provided in the manner herein specified: TO CITY: City of Bakersfield Department of Water Resources 1000 Buena Vista Road Bakersfield, CA 93311 ATTENTION: Director of Water Resources TO OLCESE: Olcese Water District Post Office Box 651 Bakersfield, CA 93302 ATTENTION: District Manager 27. ASSIGNMENT. This Agreement shall not be assigned by any party, or any party substituted, without prior written consent of all the parties. 28. 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. 29. MERGER AND MODIFICATION. This Agreement sets forth the entire understanding between the parties and supersedes all other oral or written representatiOns. This Agreement may be modified only in a writing approved by the City Council and signed by all the parties. 30. NEGATION OF PARTNERSHIP. Neither CITY or OLCESE shall become or be deemed a partner or joint venturer with the other by reason of this Agreement and neither shall be considered for any purpose an agent, officer, or employee of the other. 31. COMPLIANCE WITH ALL LAWS. OLCESE shall, at OLCESE'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 8 ordinances and State and Federal statutes, rules or regulations now in force or which may hereafter be in force. 32. EXECUTION. This Agreement is effective upon execution. It is the product of negotiation and therefore shall not be construed against any~party. ' 33. INTEREST. OLCESE shall pay CITY interest at the legal rate on all expenses or costs reasonably incurred by CITY in the enforcement of the indemnity provisions of this Agreement, and of any sums CITY may pay as a result of claims, demands, cost, or judgments with respect to the subject matter of this Agreement, from the date such sums are actually paid. 34. PRE-JUDGMENT INTEREST. In the event of a default by any party to this Agreement, the non-defaulting party shall be allowed to recover interest on all damages at the legal rate from the date of the breach. 35.. SURVIVAL OF REPRESENTATIONS. All representations, warranties and covenants of OLCESE set forth herein shall survive the termination of this Agreement. IN WITNESS WHEREOF,. the parties hereto have caused this Agreement to be executed, the day and year first-above written. CITY OF BAKERSFIELD By BOB PRICE Mayor APPROVED AS TO FORM: ALAN D. DANIEL Assistant City Attorney By COUNTERSIGNED: By GREGORY J. KLIMKO Finance Director "OLCESE" OLCESE WATER DISTRICT By Title lO COMMON USE AGREEMENT BETWEEN' ~~/~~~~ KERN DELTA WATER DISTRICT AND THE CITY OF BAKERSFIELD THIS AGREEMENT is made by and between KERN DELTA WATER DISTRICT, a California water district, organized and existing under the provisions of Division 13, Sections 34,000 et. seq., of the California Water Code, hereinafter referred to as "Kern Delta", and the CITY OF BAKERSFIELD, a Charter City, ~organized and existing under and by virtue of the Constitution and laws of the State of California, hereinafter referred to as "City" and will become effective january 1, 1994. RECITALS THAT WHEREAS: 'A. That portion of the Carrier Canal and underlying right- of-way, extending from Rocky Point to the Eastside Canal back-up weir at four weirs, exclusive of the Rocky Point and Eastside Canal weir structures (hereinafter referred to as "Carrier Canal"), is jointly owned by Kern Delta and City as tenants in common, with Kern Delta having a forty-nine percent (49%) undivided interest in said Carrier Canal and the City having a fifty-one percent (51%) undivided interest in said Carrier Canal as evidenced by Agreement No. 76-70, "Agreement for the Sale of Kern River Water rights and Canals by and Between City of Bakersfield and Kern Delta Water D~strict," dated June 15, 1976; B. The operation and maintenance expenses of the aforementioned reach of the Carrier Canal are presently shared between Kern Delta and City with Kern Delta .paYing 49% of said expenses and City paying the remaining 51% of said expenses; C. City has constructed the Kern River Bike Path Extension, hereinafter referred to as "Bike Path," over and upon the ex~sting Carrier Canal from Manor Street to a point on the Carrier Canal approximately 9,600 lineal feet to the East; D. Kern Delta consents to said construction and City's utilization of said right-of-way for construction, operation and maintenance of said Bike Path, upon the terms and conditions herein set forth. NOW, THEREFORE, incorporating the foregoing recitals herein, Kern Delta and City hereby agree as follows: 1. City agrees, at its own expense, to design, construct, operate and maintain the Bike Path and, to the extent the Carrier Canal is disturbed, to substantially restore it to its original condition. 2. City agrees to pay all costs associated with the Planning, construction, operation, maintenance and.repair of said Bike Path. City agrees to construct, operate, maintain and repair the Bike Path in a manner which will not unreasonably interfere with Kern Delta's required use of the Carrier Canal for water distribution. Kern Delta agrees to use its best efforts and to cooperate in assisting City with its construction work by advance planning and scheduling of its Carrier Canal use requirements. City may provide other means, subject to approval by Kern Delta, for the purpose of continuing Kern Delta's distribution of water 2 during the period of operation, maintenance and repair of Said Bike Path. It is agreed that City shall own the Bike Path facilities constructed pursuant hereto; however, the nature and utility of Kern Delta's right-of-way and easement shall not be unreasonably diminished or.restricted by construction of the Bike Path. 3. City shall pay the reasonable cost of restoration and repair of any portion of the Carrier Canal that is substantially disturbed as a result of the design, construction, operation, maintenance or repair of the Bike Path. OPERATIONAL EXPENSES 4~ City agrees to pay all costs and expenses generally associated with City's operation of the Carrier Canal. 5. City agrees to pay all costs associated, either directly or indirectly, with the construction and operation of said Bike Path. For purposes of this Agreement, construction and operation of the Bike Path shall include, but not be limited to, planning, preparation of the Carrier Canal for construction of the Bike Path, actual construction of the Bike Path, maintenance, repair and all costs associated with the deterioration and/or damage to the Carrier Canal as a result of said Bike Path or use thereof. MAINTENANCE EXPENSES 6. Kern Delta agrees to be responsible, for all general maintenance costs associated with City's operation of the Carrier Canal. For purposes of this Agreement, general maintenance shall include sloping of banks, weed abatement, maintenance of right-of- way and general upkeep of the Carrier Canal. 7. Kern Delta agrees to pay all costs associated with the routine repair and maintenance of the Reclamation weir, Waste'gate 3 and head gate, and all other water control facilities now or which may hereafter be located within the Carrier Canal. SPECIAL MAINTENANCE 8. ~ Kern Delta agrees to pay forty-nine percent (49%) and City agrees to pay fifty-one percent (51%) of all costs associated with special maintenance of the Carrier Canal. No special maintenance costs shall be incurred until City and Kern Delta agree in writing to incur such expenses. For purposes of this Agreement, special maintenance shall include the following: (a) Fencing shall include the repair and replacement of any existing fencing along the Carrier Canal. (b) Structures shall include major repairs and replacement of all or any portion of the Reclamation weir, Waste gate or head gate, all located within the Carrier Canal. (c) Dredging/Shelf Work shall include dredging and shelf work within the Carrier Canal resulting from the accumulation of sand within the'Carrier Canal from the normal and required use of the Carrier Canal as a water transportation facility. Dredging and shelf work shall not include work required as a result of sand deposited in the Carrier Canal from the operation and maintenance of the Bike Path. (d) Acts of God shall include any repair or maintenance of the Carrier Canal caused by an act of God, which shall include but not be limited to, fire, flood, earthquake, mudslide, temperature extremes, wind or other unforeseen circumstances. (e) Intentional or Negligent Acts of Third Parties shall include all acts of third parties that cause damage to the 4 Carrier Canal. 9. The costs associated with the application of approved aquatic herbicides will be paid proportionately by Kern Delta and City based upon hydrographic records of the flow of water in the Carrier Canal for the three months preceding the month of application. With proper notice to the other party, suCh approved aquatic herbicides will be applied at a time which is mutually agreeable to both Kern Delta and City. MISCELLANEOUS 10. Kern Delta and City will jointly work together to control dust emanating from the Carrier Canal. 11. Kern Delta hereby agrees to use reasonable efforts to maintain the Carrier Canal in a manner which is consistent with the historical aesthetics of the Carrier Canal, and will allow the continued uninterrupted operation of the Carrier Canal. 12. Kern Delta and City hereby agree this Agreement shall in no way affect, alter ~or modify Kern Delta's or City's capacity in the Carrier Canal. 13. City shall obtain the approval of Kern Delta for any and all maintenance work on the Carrier Canal which the City desires to complete at its own cost. Such aPproval shall not be unreasonably withheld. 14. It is further understood and agreed that City, and not Kern Delta, its officers, agents or employees, is responsible and liable for any defective, harmful or negligent work done by any person, entity or organization pursuant to the construction of the Bike Path. 15. The term of this Agreement shall commence on the date first set forth above and shall terminate upon either party giving notice to the other of abandonment of its utilization of said Carrier Canal for the purposes herein contemplated. 16. All notices or other communications herein provided to be given or which may be given by either party to the other shall be deemed to have been fully given when made in writing and deposited with the United States Postal Service, registered °r certified, postage prepaid and addressed as follows: ' Notice to the City shall be made to: City Council CITY OF BAKERSFIELD 1501 Truxtun Avenue Bakersfield, Ca 93301 Notice to Kern Delta shall be made to: KERN DELTA WATER DISTRICT 501 ~Taft Highway Bakersfield, CA 93382 Attn: Gilbert H. Castle, Jr., General Manager · Notice shall also be deemed received when served upon the City Clerk or Kern Delta's general manager, personally. 17. 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. 18. Any lawsuit pertaining to. any matter arising under, or growing out of, this contract shall be instituted and maintained in Kern County, California. '19. This contract shall not be assigned by any party, or any party substituted, without prior written consent of all the 6 parties. Any assignment in~violation of this Agreement shall be void. 20. 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 ~nd assigns. 21. This contract sets forth the entire Agreement between the parties and supersedes all other oraI or written representations. This contract may be modified only in a writing approved by the City Council and signed by all the parties. 22. Each individual executing this Agreement represents and warrants 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. 23. This Agreement is effective upon execution. It is the product of negotiation and therefore shall not be.construed against any party. 24. City and Kern Delta shall maintain accurate accounting records and other written documentation pertaining to the costs .incurred in performance of this Agreement. Such records and documentation shall be kept at City and Kern Delta's offices during the period of this Agreement, and shall be made available to City or Kern Delta representatives upon request at any time upon reasonable notice during regular business hours. 25. Joint Limitation on Liabilities and Indemnification. (a) Neither party shall be liable to the other party for any. loss, damage, liability, claim or cause of action for 7 damage to or destruction of property or for injury to or death of persons arising solely from any act or omission of the other party's officers, agents and employees. (b) City and Kern Delta agree to indemnify and hold each other harmless from any and all claims, demands, liabilities, losses or causes of action which arise by virtue of its own acts or omissions (either directly or through, or by its. agents, officers, or employees) to such extent and in such part as the respective parties are found by reason of law to' have proximately caused the injury or damage. (c) The party against whom any claim arising from any subject matter of this agreement is filed shall give prompt notice of the filing of the claim to the other party. 26. City shall not become or be deemed a partner or joint venturer with Kern Delta or associate in any relationship with Kern Delta by reason of the provision of this Agreement. Kern Delta and its employees shall not for any purpose be considered agents, officers or employees of City, nor shall City or its employees be considered for any purpose agents, officers, or employees of Kern Delta. ~o0o 8 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed, the day and year first-above written. "CITY" CITY OF BAKERSFIELD BOB PRICE, Mayor APPROVED AS TO FORM: JUDY K.'SKOUSEN Acting City Attorney By · ALAN DALE DANIEL Assistant City Attorney COUNTERSIGNED: By GENE BOGART Water and Sanitation Manager By GREGORY J. KLIMKO Finance Director "KERN DELTA" KERN DELTA WATER DISTRICT By. Title ADD:gp BZKEPATH\CANAL.AGR 12/27/'93 BEFORE THE BOARD OF DIRE~OR$ OF TH~ KERN COUNTY WATER AGENCY . In ~e Matter of IlVrENTION TO INCREASE THE MAXJMUM GROUND WATER CHARGE WITHIN nVIPRO~ DISTRICT NUMBER 4 TO ALLOW CoN'rtNUED DISTRICt. OPERATIONS I, Para Hyles, Secretary of the Board of Directors of thc K~rn County Water Agency, of the County of Kern, Stat~ of California, do hereby certify 'that the following resolution proposed by Director. and seconded by Director was duly passed and adopted by said Board of Directors at an official m~ling this day of lanuary, 1994 by the following vote, to wit: AYES: NOS: ABSENT: Secretary of the Board of Directors of the Kern County Water Agency -RF~OLUTION 3-9,~ WI-I~AS, Sections 1~,.3 to 1,LI7 of the Kern County Water Agency Act (Chapter 1003, Statutes of 1961 of the State of California, as amended ("Agency Act")), provide for the formation of improvement districts of the Agency to undervalue projects of special benefit to such improvement districts; WI:IF_ .~R.F.~S, heretofore Re~olution 17-71 of the Board of Directors of the Kern County Water Agency established an Improvement District No. 4 t~ enable the financing, eonsu-uetion, operation and maintenance of worlz to provide a supplemental supply of water to the urban Bakersfield area, and other purposes; W'I~REA$, the prov!.sion of :, ground water charge in Resolution 17-71 was limited to $20 per acre-foot of water pumped within the boundaries of such district was intended 'to be an essential portion of the financing of the purpos~ and improvements of the district; WHEREAS, Resolution 17-71 did not allow for adjustment due to inflation of the money supply, inflation of a magnitude unforeseeable at the time of its passage has occurred, and accordingly there is insufficient revenue to continue district operations including importing adequate supplies of water for Improvement District No. ,~ unless additional revenue is made av.aj).a, ble for district operation and importation of such water supplies; and WI-IEREAS, the continued adequate financing of the operation and importation of water to the urban Bakersfield area within existing Improvement District.No. 4 will be a special benefit to the residents and landowners of Improvement District No. 4 within the Agency since without such increase the improvement district would face financial, insolvency and cessation of operations; WHEREAS, the maximum ground water charge needed to sustain the operation of the district and importation of water supplies is $40 per acre-foot; and WHEREAS, the Agency and the ID4 treated water contractors have reached agreement that the treated water contract rate from the treatment plant should be $38 above the highest ground water charge levied during each year; NOW TI4~.n~:.~:OR.E, BE IT RESOLVED by the Board of Directors of the Kern County Water Agency that: 1. This Board finds that all of the foregoing recitals ate true and correct; 2. This Board intends to raise the maximum ground water charge to be made within Improvement Dis~ct No. 4 out of the necessity of providing adequate revenue to continue the operation of the improvements and importation of wa~er to Improvement District-No. 4. 3. The prpposed increased charge to be made consists of ~n amount sufficient to sustain the operation and the importation of an annual supply of 77,000 acre-feet of water by Improvement District No. 4 as set forth in Resolution 17-71, a copy of which is attached aa Exhibit A and incorporated herein by reference. 4. The Board estimates that the cost of the funds to be recovered through the ground water charge may be up to $5,000,000 per year. 5. The funds are intended to be raised by the imposition of a ground water .pumping charge as provided for in Sections 14.20 through 14.37, inclusive, of the Agency Act and the proposed maximum groundwater charge will be $~0. This ground water charge will supercede the existing ground water charge levied within Improvement District N°. 4., provided that,, it shall not suPercede the existing limitation if for any reason this amended ground water charge limitation for Improvement District No. g is invalidated or impaired by a court of valid jurisdiction, and the existing ground water charge and Limitation shall remain in force and effect in such event. 6. A hearing will be held by the board on the proposed increase in the ground water charge limitation. The hearing is to be held on March 24, 1994 at 4:00 p.m. in the Board Room of the Kern County Water Agency, 3200 Rio Mirada, Bakersfield, California, at which any interested person may appear for the purpose of providing comment or testimony. Pursuant to the provisions of Agency Act section 14,7 written protests against the proposed increase by landowners within the improvement district signed by a majority i~ number of the holders of title to taxabIe property within the proPOsed improvement district and who are also the holders of title to not less than 51 percent of the area thereof fried with the Board shall cause the Board to terminate the proceedings. 7. The Secretary of the Board ia instructed to publish notice pursuant to the provisions of Section 14.5 of the Agency act. DOMESTIC WATER ENTERPRISE MAINLINE EXTENSION ASSIGNMENT Water Board Meeting - City of Bakersfield Wednesday, March 16, 1994 TRACT or ORIGINAL REFUND OWNER PARCEL MAP COST OF COST Nerguizian McKenney TR 4612 $73,880.05 $1,847.00 TOTAL ......... $1,847.00 KERN COUNTY WATER AGENCY February 7, 1994 Directors: Dear Potential Sponsor, · Fred L Starrh Division I AS part of this May's Water Awareness Month, the Kern County Water Agency, in conjunction with th~/1994 California Water Awareness Campaign, is coordinating an Terry Rogers Division 2 inforl'n~l "Fun Run/Walk for Water." This year's theme is "USE WATER WISELY--- IT'S A WAY OF LWE." The Fun Run will be held on the bike path along the banks Peter Frick President of the Kern River in Bakersfield. This event is.free (no entry fee), and is open to all Division 3 ages and non-motorized modes of conveyance (motorized wheelchairs are accepted). Michael Radon All participants who finish the course will receive a free commemorative T-shirt (one Division 4 size fits all), a free soda and snacks. The first 50 finishers will also receive a Adrienne I. Mathewscommemorative sports bottle. The course begins on the bike path near the parking Division 5 area at "Truxtun Lake." There will be one finish at Beach Park (approximately 2 Henry C. Gamett miles), and one where the bike path ends at Manor Street (approximately 4 miles). Division 6 There will be checkpoints along the course where participation will be verified. All W. T. Balch preparation and event-day coordination will be performed by volunteers, Division 7 We would like to extend to you the opportunity to co-sponsor this event, which Thomas N. Clark would provide the free T-shins and other items for participants. The suggested General Manager contribution is $500.00 per sponsor. All sponsors will have their company/agency John F. Stovall name printed on the high-quality commemorative T-shin, will be featured in all General Counsel advertisements and promotions, and will be part of the educational display at the start of the event. Also; if your employees wish to volunteer assistance in putting on this event, they will be quite welcome. All volunteers will receive a free T-shirt. We anticipate participation of less than one thousand persons, with a total cost of approximately $5000.00 to put on the event. Should an overage of monies be collected from sponsors, the funds will be held in an account for next year's Water Awareness Campaign. If enough public interest is generated in this Fun Run/"Walk for Water", it will occur annually Please consider sponsoring this first-time-ever "Walk for Water." Bakersfield and Kern County are fortunate to have the Kern River as a natural water resource, and the bike path lends itself to such an event. Our Water Education staff will be contacting you in the near future, as T-shirts will be ordered by March 9, 1994. Sincerely, Thomas N. Clark Mailing Address: General Manager .. Bakersfield, CA 93302-0058 Phone: 805/634-1400 GITY OF BAKERSFIELD Fax: 805/634-1428 WATER RESOURCES