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HomeMy WebLinkAbout07/15/97 WATER BOARD Mark C. Salvaggio, Chair Patricia M. Smith, Vice-Chair Jacquie Sullivan CITY OF BAKERSFIELD *SPECIAL WATER BOARD MEETING* TUESDAY, JULY 15, 1997 - 4:30pm Water Resources Building Conference Room 1000 Buena Vista Road, Bakersfield, CA AGENDA 1). CALL MEETING TO ORDER. 2). ROLL CALL. 3). APPROVAL OF MAY 8, 1997 MINUTES. 4). SCHEDULED PUBLIC STATEMENTS. 5). DEFERRED BUSINESS A. Kern River operations. B. Southwestern Willow Flycatcher update. 6). NEW BUSINESS A. Consideration of contribution to UPANORAMA VISTA" property acquisition consisting of the Kern River floodplain located between Manor St. and Gordon's Ferry Bridge. B. Kern River floodplain property acquisition from Carosella Properties, Inc. (Containing 45.00 gross acres) located immediately west of Stockdale Highway Bridge. C. Engineering design for Northeast Water Supply Project - Cost split with California Water Service Company; Total estimated cost to be $25,000.00 with City share not to exceed $12,500.00. D. Attorney retainer agreement with Hatch & Parent to represent City in litigation as directed. 7). ADJOURNMENT ~~ POSTED: July 11, 1997 Gene Bogar~, Wat~ R~soul~'es Manager S:WBSL 15AG 1000 BUENA VISTA ROAD · BAKERSFIELD, CALIFORNIA 93311 · (805) 326-3715 MINUTES OF THE SPECIAL MEETING OFTHE WATER BOARD - CITY OF BAKERSFIELD Held Thursday, May 8, 1997, Water Resources Conference Room, 1000 Buena Vista Road, Bakersfield, CA 93311. 1. The meeting was called to order by Boardmember Salvaggio at 4:38pm. 2. Present: Mark Salvaggio, Chair Patricia M. Smith Jacquie Sullivan 3. Boardmember Salvaggio made a motion to approve the minutes of the Regular Meeting held March 19, 1997. Motion carded. 4. There were no public statements. 5. Staffand Boardmembers toured the Recharge Facility at City of Bakersfield's 2800 Acres located three miles west of Buena Vista Road along Kern River channel. Tour concluded at 6:30pm upon return to Water Resources Department, 1000 Buena Vista Road, Bakersfield, CA 93311. 6. Deferred Business. 6A. Mr. Bogart, Water Resources Manager, gave an update on Kern River operations. There was a strong early start in December 1996; January was a record setting precipitation period followed by one of the driest three months of record (February, March and April). It started at 199% of normal and now it is down to 124% and dropping, but that's still a good water year on the Kern River. For Board information, no action taken. 6B. The Southwestern Willow Flycatcher habitat designation was presented to the Board for information by Mr. Core. A letter was received from Counsel for the Kern River Watermaster to alert us to the latest that has happened with the Flycatcher issue. The Endangered Species Act was in moratorium and is now back in force. A group called the Southwest Center for Biological Diversity in Tucson, Arizona has filed suit with the Circuit Court in Arizona to force the Fish and Wildlife Service to make a decision on the habitat designation by July 12, 1997. The Kern River Interests will be reiterating our concerns to the Fish and Wildlife Service that the shoreline of Isabella Reservoir is unsuitable habitat due to the lack of natural vegetation among other issues, and to consider other properties upstream of the reservoir for habitat. For Board information, no action required. 7. New Business. 7A. The Agricultural Water Division 1997 season Water Price and Sand Sale Schedule was brought before the Board by Mr. Bogart. Due to the quantity of available water the last three years, staff proposes no rate increases this year, the only exceptions would be adjustments of those items that fall under contracts and require cost index adjustments. Staffwill prepare the Executive Order for the City Manager's signature setting the Agricultral Water Rates for 1997. 7B. Mr. Pat Hauptman, Water Resources Superintendent, presented the Domestic Water service area schedule of rates and service charges for the 1997-1998 fiscal year to the Board for information. The City will be able to save money both in groundwater taxes and pumping costs with the completion of the Interface Project and Ten Million Gallon Reservoir. With this in mind staff recommends no rate increase for fiscal year 1997-1998. A rate comparison survey was prepared of other water purveyors within the City of Bakersfield and the results show City rates among the lowest. Staff will prepare the Executive Order for the City Manager's signature setting the Domestic Water schedule of rates and service charges for fiscal year 1997-1998. 8. Closed Session. 8A. Conference with legal counsel - existing litigation. Closed session pursuant to Government code section 54956.9(a) Kern Delta Water District vs. North Kern Water Storage District, et al., Tulare County Superior Court Case No. 96-172919. Meeting adjourned to Closed Session. The meeting reconvened. 9. No action taken, update given on existing litigation. 10. The meeting adjoumed at 6:50pm. Mark Salvaggio, Chair City of Bakersfield Water Board Sharon Robison, Secretary City of Bakersfield Water Board ISABELLA'RESERVOIR DALLY OPERATIONS REPORT (All readings are for date of report (THURSDAY) as of OOOl, except as noted... ~ in italics) Date of Report: July 10, 1997 ISABELLA RESERVOIR 1 2595.89 Lake Elevation (ft.) 463104 Storage -2497 Change 1200 Inflow to Isabella 2 568075 Storage Capacity 82% % of Capacity 289591 Normal Storage 160% % of Normal Storage For this Date 3 10406 Average Lake Area (Acres) 22242 Inflow (Month) 37884 Outflow (Month) 4 1010 North Fork Mean 970 North Fork @ 0700 Hours 1088806 Accumulative Inflow (96-97 WY) 5 2298 Mean Outflow 557 Borel Canal 1741 Main Dam Outlet 878070 Accum. Outflow (WY) 6 2351 Outflow @ 0700 560 Borel Canal @ 0700 Hours 1791 Main Dam Outlet @ 0700 Hours Hours 7 161 Lake Evap. (cfs) 0.48 Inches Evap. for 24 Hours 2822 Lake Evap. (Month to Date) 8 0 Spillway Discharge for 24 Hours PRECIPITATION AND TEMPERATURE 9 0.00 Inches of Precipitation at Isabella for 24 Hours 0.00 Inches of Precipitation at Isabella for Month 10 11.36 Seasonal Precip. Isabella 9.71 Normal for 117% Isabella Precip. this Date % of Normal 11 0.00 Inches of Precipitation at Pascoe for 24 Hours 0.00 Inches of Precipitation at Pascoe for Month 12 45.80 Seasonal Precip. Pascoe 34.63 Normal for 132% Pascoe Precip. this Date % of Normal 13 0.0 Upper TyndalICreek 0.0 Pascoe 0.0 Wet Meadow 14 97 Isabella Maximum Temperature 15 68 Isabella Minimum Temperature 84 24 Hour Wind Movement (Miles) NATURAL RIVER FLOW 16 1235 Natural Flow (cfs) 22559 Natural Flow (Month to Date) 521802 1997 April-July Runoff 17 1385 Mean Flow 89% Natural Flow 953 Median Flow 130% Natural Flow For this Date in % of Mean For this Date in % of Median 18 7257 Max. on Record 146 Min. on Record 1136172 Accum. Natural Flow (Water Year) For this Date For this Date KERN RIVER FACTS & FIGURES: On this date in 1972, Borel Canal (capacity of 605 cfs) flow tapered off to 264 cfs as reservoir storage decreased to 101,798 acre-feet. At this storage level, the Bore/Canal inside Lake Produced by City of Bakersfield isabella is becoming exposed and full d/version capabilities into the canal via the Auxiliary Dam Water Resources are no longer possible. The canal had been fully inundated since December 6, 1966. (aos) 326-3715 KERN RIVER NATURAL FLOW, REGULATED FLOW, & ISABELLA RESERVOIR STORAGE 1997 CALENDAR YEAR 10000. 600,000 9500--: '~ Peak Natural PeakjuneStorage6 _: 12~.25 FL) 9000-- (49.1~94 AcFt) - (26o3.91 Ft.)  January 3 -550,000 8500-- (Third Highest(19,794Flow cfs)this Century) ~' Current -500,000 Isabella Storage (25~9.3s Ft.) (2594.62 Ft.) C] c: Z Isabella Storage (25a9.ss FL) O Average (/) ~ (25a4.27 FL) -' n- SS00 uJ Natural Flow 13. 5000: 000 I~1 I'"' ~ (2578.53 Ft.) v LU 4500 o ', 000 0 4000 m u,I ::::) 3500 ?\ (.~ ,~ \ (25ss.~s R) 3000 -; ~* IZ: / ***. t~ 0 2500 \ I- _.... (2ss6.~ Ft.) 2000 --.. Regulated flow /v ooo I pj FL) 1000 / 000 (;.53~ .ss FL) Jan-97 Feb-97 Mar-97 Apr-97 May-97 Jun-97 Jul-97 Aug-97 Sep-97 Oct-97 Nov-97 Dec-97 CITY OF BAKERSFIELD · DEPARTMENT OF WATER RESOURCES PROGRESS REPORT WILLOW FLYCATCHER/BROWN-HEADED COWBIRD STUDY 1997 APRIL AND MAY' Mary $. Whittield, Research Associate KERN RIVER RESEARCH CENTER, We ran the first cowbird point count of the year in late April prior to opening the cowbird traps. The cowbirds are continuing their year to year decline. The average number of females per point in the trap area was only 0.33 which is lower than the 0.38 females'per point we had at this time in 1996 and less than one third of the 1.5 females per point we averaged before starting our cowbird trapping program four years ago. In the non-trap area the number of females has also declined significantly to 0.40 females per: point compared to 0.90 last year. This is the fourth year in a row that the numbers of cowbirds were down prior to trapping, giving further evidence of a carryover effect fi.om the previous year's trapping. We started the second cowbird point count of the year on -May 27, and will finish the count on June 5. We opened five traps in early May and opened 'six more by May 25. We added three new trap locations this year, two in Onyx and one in Canebrake. Our trapping efforts now extend farther east along the South Fork of the Kern River, and will further the decline in the cowbird population. From May 2 to May 25, we captured 40 females and 51 males. Due to the increase in trapping effort, the capture rate was equal to last years rate. The first territorial Willow Flycatcher was found on May 10. We started our intensive surveys on May. 18 and thus far we have found 17 singing males; and 3 females. We expect to find many more birds in the next week since we have only surveyed half of the area and are planning to continue our intensive surveys using tapes. We found our first nest on May 24, and expect to find many more as the Willow Flycatchers continue to arrive on the breeding grounds. T;i,~ 11)~95~42364 Fur i~form~ttio~ i~hotl~: 8~7-4210 - 872-3~9 - 328-9091 River P;l~*kway J:oulltJaitiou -I(c~q~ Equests'i:ms for PrcscJ3'atiott of'Yr:til~ - Kern Rive~' Public .Access Committee KERN · RIVER For Immediate Release ~ g F:I K W A Y Contact: Rich O'Neill, F O U N O A Z I O N 837-4216 -PRESS RELEASE- WHO: KERN RIVER ACCESS COMMITTEE KERN RIVER PARKWAY FOUNDATION ' KERN EQUESTRIANS FOR PRESERVATION OF TRAILS WHAT: PANORAMA VISTA RIVER ACQUISITION WHERE: PANORAMA BLUFF PARKING LOT, RIVER BLVD & PANORAMA DRIVE WI-I:EN: TUESDAY, APRIL 15, 1997, 12:00 NOON WHY: KICKOFF THE FUNDRAISING CAMPAIGN FOR ACQUISITION On March 26, 1997, the Kern River Access Committee, Kern River Parkway Foundation and Kern Equestrians for Preservation of Trails entered into an Agreement with Atlantic Richfield Company to purchase 758.21 acres of river land below Panorama Bluffs for $118,000. Dotmtions w:dl Ix': solicited from the co~u.n._~ty, ei.t~ep_s, organizations and businesses to achieve the goal to acquire this land for the Kerr', River- Parkway. "This is a unique opporturfity to purchase and preserve a large natural riparian habitat area on both sides of the Kern River, from east of Manor Drive to Gordon's Ferry, for the Kern River Parkway and the public. It is ve:'y exciting" said Tom Fallgatter of the Kern River Access Committee. In an appeal for the public to get involved, Rich O'Neil of the Kern River Parkway Foundation stated, "If you have ever enjoyed visiting the Kern River Parkway or enjoying the scenery as you p~s by, but have not yet been ~cti;,ely su?p~;.-:~, ne,.': is the time! "He we~'on to say "Al! donations are tax deductible, we have to achieve this goal and keep this area in the Kern River Parkway, this is an opportunity not to. be missed." "This land is some of the most scenic along the Kern River, with the bluffs and the Kern Island Canal on the south, the river, Beardsley Canal and open land on the north." said Carolyn Belli of Kern Equestrians for Preservation of Trails. "It contains some of the most beautiful wooded land on the river, with numerous species of animals and is woven with established equestrian and hiking trails and the bicycle path. It also contains the historic site of Gordons Ferry. It is a prize, we have worked a long time to acquire this land." she went on to state. Tax deductible donations may be made to: Kern River Parkway Foundation, PO Box 624, Bakersfield, CA 93302-0624. Tax ID//953842364. For further information, call 328-9091, PANORAblA VISTA ~,' KERN RIVER ACQUISITION (758.2 ACRES - 2 MILES OF RIVERFRONT) II ~M. 9175 ',~.,, ~ ..-- ~,,.,,, I .... ~___~ ............ FACT SHEET PANORAMA VISTA RIVER ACQUISITION WHAT: 758.21 ACRES OF KERN RIVER LAND BUYERS: KERN RIVER PARKWAY FOUNDATION KERN RIVER PUBLIC ACCESS COMMI'i-I'EE KERN EQUESTRIANS FOR PRESERVATION OF TRAILS SELLER: ATLANTIC RICHFIELD COMPANY SALE PRICE: ,$118,000 (APPROX. $155 PERACRE) FUNDING SOURCE: COMMUNITY FUNDRAISING Including: Purchase an Acre of Parkland (receive an honorary deed) Public donations, Golden Eagle Grove (major donors) fundraisers including poker rides, poster sales, raffles, etc. TIME FRAME: BY JULY 31, 1997 LOCATION: KERN RIVER ISLAND AND PANORAMA BLUFFS NORTH AND SOUTH OF THE RIVER, NORTHERLY TO BEARDSLEY CANAL, SOUTHERLY TO PANORAMA BLUFFS, EASTERLY TO GORDONS FERRY, WESTERLY TO GOLDEN BEAR REFINERY HISTORIC SITES: GORDONS FERRY NATIVE AMERICAN CULTURAL SITE PURPOSE: Provide open-space, riparian habitat, and hiking and riding trails for addition to the Kern River Parkway TAX DEDUCTIBLE DONATIONS MAY BE MADE TO: KERN RIVER PARKWAY FOUNDATION, PO BOX 624, BAKERSFIELD CA 93302-0624 TAX ID# 95-3842364 AGREEMENT NO. CONTRACT TO ACQUIRE REAL PROPERTY THIS AGREEMENT, entered into on , by. and between the CITY OF BAKERSFIELD, a municipal corporation and California charter city, (herein "CITY") and CAROSELLA PROPERTIES, INC., a , (herein "CAROSELLA"). · RECITALS: ' "~' WHEREAS, CAROSELLA holds fee title to certain real property located in the County of Kern, State of California, herein ("The Property"), described in Exhibit 'A," attached hereto and incorporated herein by reference; and WHEREAS, CITY has determined a need for. The PropertY and has authorized its acquisition; and : .: :.::: :' WHEREAS, it is intended that CITY will own the land Under the levee after final construction; and WHEREAS, CITY desires to purchase The Property for the purpose of water storage and recovery, conservation and uses related to public health, safety and welfare; and WHEREAS, CITY does not wish to disturb or allow development of the existing secondary flood plain habitat; and WHEREAS, it is the intent of the parties to set forth all the covenants and conditions for the conveyance by CAROSELLA and the acceptance by CITY of The Property. NOW, THEREFORE, incorporating the above recitals herein, CAROSELLA and CITY mutually agree as follows: - · 1. AGREEMENT TO CONVEY AND ACCEPT. CAROSELLA agrees to convey and CITY agrees to accept The Property in accordance with all of the covenants and conditions set forth in this Agreement. 2. CONSIDERATION AND CONSTRUCTION. In total consideration for the transfer of The Property described in Exhibits 'A" and 'B," CITY shall cause to be constructed a river levee within two (2) years from the date of this Agreement which will extend the existing river levee from the Stockdale Highway bridge to the west edge of CAROSELLA's property at Section One. CAROSELLA shall transfer the land upon which the levee is constructed to CITY. Said land for levee construction shall be transferred as soon as identified. The levee construction shall be approximately sixty feet (60') in width and will, so far as possible, be constructed upon secondary flood plain. The two (2) year construction period shall not include years in which the Kern River's flow is in excess of one hundred twenty percent (120%) of normal. The location of said levee is shown on the map and description attached as Exhibit 'B," and incorporated herein by reference. The levee shall be constructed in accordance to plans and specifications prepared by CITY. CITY does not guarantee the levee will protect CAROSELLA's property. Once completed the levee will be maintained and owned by CITY. CITY shall paY.noother consideration and shall have no other cost or expense in this property transaction;: All parties agree the minimum value of this levee construction is Three ·Hundred Thousand Dollars ($300,000) All parties agree the levee constrUCtion is a fair and equitable-t~e~leCtion of the fair market value of The Property being conveyed to CITY. ":'~ .... 3. ENVIRONMENTAL IMPACT REPORT {EIR_), CAROSELLA shall complete any and all environmental impact reports, concerning The Property, the levee, or property in the vicinity remaining in CAROSELLA's ownership or control, and:all work associated with or arising from said reports, at CAROSELLA's SOle cost and expense. 4. TAX CONSEQUENCES, CITY makes no representations concerning the tax consequences of this transfer. CITY does not have the staff experience or expertise to evaluate the tax consequences of this transaction. 5. ESCROW. 5.1 Escrow Holder. The transfer and acceptance of The Property shall be consummated by means of an escrow to be opened at the office of , herein "Escrow Holder", located at , Bakersfield, California 933__. 5.2 ESCrow Instructions. Within twenty (20) working days of execution of this Agreement by all parties, each shall deliver to Escrow Holder appropriately executed escrow instructions or file a written protest detailing what instructions are not acceptable. This Agreement shall serve as the parties' instructions to the Escrow Holder and .shall become part of the escrow instructions for consummation of the transfer and accePtance of The prOperty. CAROSELLA and CITY agree to execute such additional and supplementary instructions as may be appropriate or required by Escrow Holder to comply with the term~~°f this Agreement; provided, however, that in the event of any conflict between this Agreement and any additional or supplementary escrow instructions, the terms of this Agreement shall control, unless the parties jointly agree to the contrary. Said escrow instructions are incorporated herein by this reference. ContractToAcquireRealPrope~,t~ S :\WATE R~AGRS ~.,AROS E LL.AGR July 1,1997 -- Page 2 of 8 Pages - 5.3 Closing Costs. CAROSELLA shall pay all closing costs including, but not limited to: title insurance, recording fees, documentary transfer taxes, and the escrow fees. CAROSELLA shall be responsible for all real property taxes and assessments not constituting liens accruing up to the close of escrow and the cost, if any, to clear title to The Property. CAROSELLA shall fully pay the full amount of any bond or assessment which is a lien upon the property. 6. PRELIMINARY TITLE REPORT AND DOCUMENTS. Within ten (10) working days of execution of this Agreement by all parties the following shall occur: 6.1 CAROSELLA shall obtain a preliminary title report, herein "PTR", concerning The Property, issued by . , toge~he[ with copies of reproducible documents referred to in such PTR,: if any. "i! '.::: i: :::~ii~. 6.2 CAROSELLA shall provide CITY.C°Pies of all currbhfiY:effective unrecorded tenant leases, licenses or other agreements, if any, relating to The Property. CITY shall deliver to Escrow Holder its Written approval or disapproval of any exceptions to the title referred to in paragraphs 6..1 and 6.2 above within ten (10) working days after CITY's receipt thereof. In the event such written approval Or disapproval is not received by Escrow Holder on or before the date due, it shall be presumed CITY has approved each of said exceptions, fi, after receipt'Of disapproval of any exceptions to the title, CAROSELLA does not elect to cure all of said exceptions, then CITY shall have the right either to accept title to The Property subject to said exceptions, thereby waiving any and all claims against CAROSELLA by reason thereof, or to terminate this Agreement. CITY shall give CAROSELLA such written notice of CITY's election within the ten (10) working days after receipt of CAROSELLA's election not to cure. If CITY elects to terminate this Agreement, thereafter neither CAROSELLA nor CITY shall have any further liability hereunder, except that CITY shall be entitled to the prompt return of all funds deposited by CITY with Escrow Holder, less reasonable escrow cancellation fees and costs and title COmpany charges which CITY hereby agrees to pay. 7. CLOSING DATE. Escrow shall close no later than sixty (60) days from the execution of this Agreement by all parties, unless extended by mutual written agreement of ali Parties. 8. CONTINGENCIES. The closing of this transaction is contingent upon the satisfaction or waiver of the following contingencies by CITY: 8.1 Physical Inspection. CITY's written approval, within ten (10) days following the the Date of Agreement, of an inspection by CITY, at CITY's expense, of the physical aspects of The Property. ContractToAcquireRealProperty S:\WATE R~AGRS~CAROSELL.AGR July 1, 1997 8.2 Condition of Title. CITY's written approval of a current preliminary title report concerning The Property (the "PTR) issued by the Title Company, as well as all documents (the "Underlying Documents") referred to in the PTR, and the issuance by the Title Company of the title policy. CAROSELLA shall cause the PTR and all Underlying Documents to be delivered to CITY promptly after the Date of Agreement. CITY's approval is to be given within ten (10) days after receipt of said PTR and legible copies of all Underlying Documents. The disapproval by CITY of any monetary encumbrance, which by the terms of the Agreement is not to remain against The Property after the Closing, shall not be considered a failure of this condition, as CAROSELLA.Shall have the obligation, at CAROSELLA's expense, to satisfy and remove such disapprOved monetary encumbrance at or before the Closing. 8.3 Survey. CITY's written approvali'within thirty (30)days after receipt of the PTR and Underlying Documents, of an ALTA title supplement basedupon a: survey prepared to American Land Title Association (the "ALTA") standards for an owner's policy by a licensed surveyor, showing the legal description and boundary lines of The Property, any easements of record, and any improvements,, poles,, structures and things located within ten (10) feet either side of The Property boundary lines,.. The survey shall be prepared at CITY's direction and expense. If ClX has obtained:asurvey and approved the ALTA title supplement, CITY may elect within the period allowed for CITY's approval of a survey to have an ALTA extended cov~age OWner's form of title policy, in which event CITY shall pay any additional premium attributable thereto. 8.4 Existing Leases and Tenancy Statements. CITY's written approval, within ten (10) days after receipt of legible copies of all leases, subleases or rental arrangements (collectively the "Existing Leases") affecting The Property, and a statement (the "Tenancy Statement") in the latest form or equivalent to that published by the A.I.R., executed by CAROSELLA and each tenant and subtenant of The Property. CAROSELLA shall use its best efforts'to provide CITY with said Existing Leases and Tenancy Statements promptly after the Date of Agreement. 8.5 Other Agreements. CITY's written approval, within ten (10) days after receipt, of a copY' of any other agreements ("Other Agreements") known to CAROSELLA that will affect The PropertY beyond the Closing. CAROSELLA shall cause said copies to be delivered to CITY promptly after the Date of Agreement. 8.6 Material Change. No Material Change, as hereinafter defined, shall have occurred with respect to The Property that has not been approved in writing by CITY. For purposes of this Agreement, a "Material Change" shall be a change in the status of the use, occupanCy, tenants, or condition of The Property as reasonably expected by the CITY, that occurs after the date of this Agreement and prior to close of escrow. CITY shall have ten (10) days following receipt of written notice from any source of any such Material Change within which to approve or disapprove same. Unless otherwise notified in writing by either party, Escrow Holder shall assume that no Material Change has occurred prior to close of escrow. ContractToAcquireRealProperty 8.7 CAROSELLA Performance. The delivery of all documents and the due performance by CAROSELLA of each and every undertaking and agreement to be performed by CAROSELLA under this Agreement. All above contingencies are for the benefit of, and may be waived by, CITY, and may be elsewhere herein referred to as 'CITY Contingencies. 9. PROHIBITION AGAINST DEMOLITION. CAROSELLA'~' will not demolish any of the structures or other improvements on The Property .~CUt any trees on The Property without first obtaining the express written consent:!0f CITY. Should CAROSELLA do so without the prior written consent of CITY, CITY w[li:have the right to terminate this Agreement at its option, upon written notice to CAROSEL~i?~iUpon.sUch termination, CAROSELLA will refund to CITY the deposit and CAROSEi~i~!:i~y all costs to cancel the escrow. ':~.. 10. CONVEYANCE OF TITLE. CAROSELLAagrees to convey to CITY fee simple title to The Property, subject only to the permitted excePtiOnS as set forth in the title policy. On or before , CAROSELLASha!leXecute a Grant Deed which conveys fee simple title to The Property to CITY and shall deliver same to Escrow Holder. 11. WAIVER OF DEFAUL.~. 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. 12. BINDING EFFECT. The fights 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. 13. VENUE. Any lawsuit pertaining to any matter arising under, or growing out of, this Agreement shall be instituted in Kern County, California. 14. TIME. Time is of the essence in this Agreement. 15. .MERGER AND MODIFICATION. This Agreement sets forth the entire agreement 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 ali the parties. · : '.. 16. : CORPORATE AUTHORITY. Each individual executing this Agreement represents and warrants that they are duly authorized to execute and deliver this Agreement on behaff 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. ContmctToAr.,quireRealProperty S:~WATER~GRS~CAROSELL.AGR July 1, 1997 17. F~f,~CJ,~.~LOJ~. This Agreement is effective upon execution. It is the product of negotiation and all parties are equally responsible for authorship. Section 1654 of the California Civil Code shall not apply to this Agreement. 18, ~. In the event of a conflict between the terms, conditions, or specifications set forth in this Agreement and those in exhibits attached hereto, the terms, conditions, or specifications set forth in this Agreement shall prevail. All exhibits to which reference is made in this Agreement are incorporated, whether or not actually attached. 19. ASSIGNMENT. This Agreement shall not be assigned .by CITY, or any party substituted, without prior written consent of CAROSELLA. :" 20. NOTICES. All notices relative to this'Agreement shaii:: begiVen in writing and shall be served or sent by certified or registered mail: and shall be effective.., upon actual personal service or depositing in the UnitediStates mail. The p~ies shall be addressed as follows, or at any other address designated by notice: To CITY: CITY OF BAKERSFIELD 1501 Truxtun Avenue ":' Bakersfield,:Catifornia 93301: ';:: Attention:: :: Don Anderson: Telephone: 326-3061. To CAROSELLA: Tom Carosella CAROSELLA PROPERTIES, INC. i:.. 1412 1:7th Street; Suite 554 Bakersfield, California 93301 : · Either party may ci~ange its address for notice by delivering written notice to the Other party as provided herein. 21. BROKERS AND FIN.DER~. The parties acknowledge and represent that CAROSELLA shall pay no commission to any broker or finder in connection with the purchase and sale of The Property. ': 22. HAZARDOUS MATERIALS. CAROSELLA knows of no hazardous material stored, dumped or in any way placed in, on, over or about the property. CAROSELLA knows of no activities, either public or private, wherein CAROSELLA or a third party has p~ or dumped any hazardous material of any nature in, on, over or about the property. CAROSELLA takes full responsibility for cleaning up any hazardous material placed in, on, or about The Property at any time prior to CITY taking title and hereby fully indemnifies CITY, and CITY's successors and assigns, from any and all liability, claims, actions, causes of action or demands whatsoever for cleanup of hazardous materials found in, on, over or about The Property placed prior to CITY taking title. Cont~actToAcquireRealPrope~y S:\WATER~AGRS~CAROSELL.AGR July 1,1997 - Page 6 of 8 Pages - 23. NEGATION OF PARTNERSHIP. CITY shall not become or be deemed a partner or joint venturer with or associate in any such relationship with ~ by reason of the provisions of this Agreement. shall not for any purpose be considered an agent, officer or employee of CITY. 24. NON-INTEREST. No officer or employee of the CITY shall hold any interest in this Agreement (California Government Code section 1090). IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed, the day and year first-above written. 'CITY" 'CAROSELLA' CITY OF BAKERSFIELD : ' CAROSELLA PROPERTIEs, INC. BOB PRICE, Mayor :?:i}i'::'': :' :':~ ': TOM CAROSELLA Title: APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY By: JUDY K. SKOUSEN City Attorney · i:-. MORE SIGNATURES ON FOLLOWING PAGE Con~'actToAcquireRealProperty S :\WATE R~GRS~C.,AROSELL .AGR July 1, 1997 -o Page 7 of 8 Pages -- APPROVED AS TO CONTENT: WATER RESOURCES DEPARTMENT By: GENE BOGART Water Resources Manager COUNTERSIGNED: By: GREGORY J. KLIMKO Financo Director ADD:dlr Attachments: Exhibits "A" and "B" Conb'actToAcq uim RealProperty S :~WATER~GRS~A~OSELL.AGR July 1, 1997 06/il/1996 12:54 80563126~ CAROSELLA PROPERTIES PAGE 0i 10/30/96 11:42 '~'805-~......2 ?~30 A~ERICAN TITLE w ~002t002 - ~5-66~-6188 CAST~E&CCOK; Fl~/~C ~85 P~ OCT ALL ~ ~O~O~ OF 5~O~ L, ~. 308., CO~NCZNG AT ~H~ ~O~g~ CO~ O~ 8~D 8~XOM ~; ~ZNCE H.OO°32'53w~, ~NG THE V~ST ~ZN~ OF ~ID B~CT~O~ 1 A ~CE CO~TZ~ZNG ~G B~D ~8~ ~IN~, N. 00'3~53"K- , 462,99 FE~ ~ ~S SO~~Y ~D~Y OF 49~ ~ O~ OFFICI~ RECORD6 OF ~ ~Vi ~CE A~NG 2) N.33'SZ'OS"~,, 365.9~ FE~; TH~C~ 3) ~.74'35)41"~., 630.50 F~; TH~C~ 6) B.75'SB'3G'E., 460.92 ~E~; ?) N.~'O3~S?"~., 300,56 ~Z~; OF P~C~ 10~ PARCEL ~ No. ~0334 ~6 FILED ~O~R 10, 19~6 IN P~CEL ~P BOOX 48, AT PAGES B2 ~D 83 IN THE OFFICE OF THE K~ CO~TY RECO~ TH~C~ S.00'1S'18"W. WEST bZNE OF SAID P~CEL 1 A DZST~C~ OF 322.23 F~ THENCE DEP~TZN~ SAID WEST LINE, 5.58~43t31"W., 20~.95 S.6~°~7~31'W. , 275.4~ FEET; THENCE S.6~'20'~O"W. , 2~47.~2 8.64'05'44"W., ~30.48 FZ~; THENCE S.7~'38~39"b~., 107.65 FE~; TKE~CZ N.e~'L0'57"W. , 53.g2 FEET TO ~E POINT OF B EGZ NN I NG. CO~INING 45.00 C~0$S CALIFORNIA WATER SERVICE COMPANY JUL 0,3 997 June 30, 1997 CITY OF BAKERSFIELD WATER RESOURCES Mr. Gene Bogan Water Resources Manager 1000 Buena Vista Road Bakersfield, CA 93311 Dear Gene: After many years of discussion, the water supply plan for the northeast Bakersfield area is finally becoming clearer. With the completion of the Metropolitan Bakersfield Water Supply Program (MBWSP) and Cai Water's agreement with the City Of Bakersfield to serve Section 17, the long range and short term supply scenarios are progressing. One element the MBWSP lacks is a mid-range plan that bridges the gap betxveen the time that Section 17 builds out and the facilities of the MBWSP are constructed. This plan would contain facilities that will be easily integrated into any regional plan and should actually be considered a beginning of the regional system. A mid-range plan would likely include a treatment plant that treats Kern River ~ater and provides service to the areas within the City limits adjacent to Section 17 as well as providing supplemental supply to existing City residents served by Cai Water. We would like to know if the City is interested in participating in a preliminary desigh report for the mid- range water supply needs of northeast Bakersfield. Cai Water is willing to coordinate the effort and equally share the costs of the study with the City of Bakersfield. At this time, we have not developed a detailed scope of work, but estimate the cost of a preliminary design report to not exceed $25,000. I will be glad to discuss this proposal with you at your convenience and look forward to working with you on the next 'piece' of the northeast water supply puzzle. Sincerely yours, Robert K Ouzzctta Vice President Engineering and Water Quality cc: Jim Good M.J. Byrd, BK MJ. Rossi J.S. Simpson AGREEMENT NO. ATTORNEY RETAINER AGREEMENT THIS AGREEMENT is made and entered into on , by and between the CITY OF BAKERSFIELD, a chartered municipal corporation, (referred to herein as "CITY") and HATCH & PARENT (referred to herein as "ATTORNEY"). RECITALS WHEREAS, it is necessary and appropriate that legal services be performed for CITY to represent CITY, its officers and employees with respect to matters for which the Office of the City Attorney either has a conflict or lacks the necessary staff or expertise to properly handle; and WHEREAS, CITY desires to retain ATTORNEY to perform legal services on behalf of CITY with respect to the matter described below. NOW, THEREFORE, incorporating the foregoing recitals herein, the parties agree as follows: 1. SERVICES TO BE RENDERED: ATTORNEY will, as co-counsel with the Office of the City Attorney, or its designee, represent CITY in litigation as directed. 2. COMPENSATION TO ATTORNEY. CITY, for and in consideration of the terms and conditions set forth herein, hires Attorney to perform legal services with respect to the matter(s) described above. City shall compensate Attorney for all services performed by Attorney on an hourly basis in an amount according to the Fee Schedule attached as Exhibit "A" and reimburse Attorney for all proper costs Attorney incurs on behalf of City as set forth herein. Prior to payment all bills shall be reviewed and approved by the City Attorney or his designee. -City shall pay Attorney thirty (30) days after receipt and approval of billing. City shall pay no finance charge to Attorney. 3. REIMBURSEMENT POLICY AND BILLING REQUIREMENTS. 3.1 CITY shall reimburse ATTORNEY for all out of pocket and necessary costs for the following items: 3.1.1 Deposition and transcription fees 3.1.2 Filing fees 3.1.3 Travel 3.1.4 Consultant and expert witnesses fees, when approved in advance. 3.1.$ Database Entry Costs when approved in advance. 3.'!.6 Other expenses when approved in advance. 3.2 CITY will not reimburse ATTORNEY for staff time or overtime for secretarial, clerical or word processing costs, time spent to provide information for a fee audit or for any type of work not authorized by CITY. Data entry (database work) shall be pre-approved and separately billed. Travel will be reimbursed as follows: Transportation at actual fare for economy or coach class, meals and lodging not to exceed CITY per diem unless authorized in advance. 3.3 All invoices for payment shall contain an itemization of all costs and fees and must be broken down monthly and shall clearly state the total fees accumulated. The following information shall be set forth accurately in, or attached to, the billing invoice: 3.3.1 Case name, court number. 3.3.2 Staffing level, hourly rate and detailed time and activity descriptions for each attorney and/or paralegal, including time spent with respect to conferences, correspondence, depositions, document filing, hearings, meetings, research, case review, travel, trials and telephone calls. Data entry to be separately billed. 3.3.3 Invoices supporting all outside costs. 3,3.4 Total fees accumulated to the date of the invoice. 4. TERM. This Agreement shall take effect as of the date first above written and remain in effect until final disposition of the case assigned, unless earlier terminated as provided herein. 5. ACCEPTANCE OF ASSIGNMENTS AND REPRESENTATIONS. ATTORNEY, with respect to the case hereby assigned, represents as follows: 5.1 ATTORNEY has the expertise, support staff and facilities necessary to fully represent CITY's interest in the litigation described herein; and 5.2 ATTORNEY does not have an actual or potential interest adverse to CITY nor does ATTORNEY presently represent a person or firm with an interest adverse to CITY with respect to the matter accepted; and 5.3 ATTORNEY shall diligently provide such legal services as are necessary in a professional, timely manner upon the terms and conditions as set forth herein. 6. REPORTING REQUIREMENTS. ATTORNEY shall provide to the City Attorney, or designee, appropriate reports. If the case assigned is a "conflicts" case, ATTORNEY shall bear in mind its role as conflicts counsel and shall apprise CITY only of items and developments that are professionally proper. Reports shall be done in substantially the following manner: AttorneyRetainerAgreement S :V,.IT~SCAC2~,GR~ATCH&P.AGR ............. P~n~. ? nf 7 P~n~ -- 6.1 Case Status Reports. ATTORNEY shall submit, upon request of the City Attorney, case status reports updating CITY on relevant aspects of the case. 6.2 Settlement Proposals. ATTORNEY shall notify the City Attorney of any settlement proposal received whether such proposal is oral or in writing. Oral reports of settlement demands will be followed as soon as practical by a written confirmation of the demand. When time allows, offers or counteroffers to be initiated by ATTORNEY shall be in writing and contain the details of the proposal along with ATTORNEY's recommendation and be submitted to the City Attorney for approval prior to communicating any such offer or counteroffer to other parties. Attorney understands offers and counteroffers may require City Council approval. 6.3 Closing Report. In the event this Agreement is terminated as set forth herein or for any reason ATTORNEY is to no longer represent CITY with respect to the matter, ATTORNEY shall submit a report describing the status of the matter, listing future court dates and other pertinent dates and setting forth any other information needed by another attorney to handle the matter. The Closing Report will be expeditiously submitted, together with necessary executed Substitutions of Attorneys, to new counsel as directed by the City Attorney. $.4 Oral Reports. ATTORNEY shall immediately report orally to the City Attorney in person or by telephone any event or discovery which is of an urgent nature or requires the immediate attention of CITY. When requested, ATTORNEY shall follow up such oral report with a written summary reiterating such event or discovery. ATTORNEY shall immediately advise the City Attorney in writing if an actual or potential conflict of interest arises or is discovered. 7. ASSI(~NMENT. The Agreement shall not be assigned by any party, or any party substituted, without prior written consent of all the parties. 8. NEGATION OF PARTNERSHIP. CITY shall not become or be deemed a partner or joint venturer with ATTORNEY or associate in any such relationship with ATTORNEY by reason of the provisions of this Agreement. ATTORNEY shall not for any purpose be considered an agent, officer or employee of CITY. 9. INSURANCE. In addition to any other insurance or bond required under by this Agreement, ATTORNEY shall procure and maintain for the duration of this Agreement the following types and limits of insurance ("basic insurance requirements" herein): 9.1 Professional liability insurance providing coverage on claims made basis for errors and omissions with limits of not less than one million dollars ($1,000,000) aggregate; and 9.2 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 dollars ($1,000,000) per occurrence; and the policy shall: AttorneyRetainerAgreement S :~LIT~,SCAC2~AGR',HATC H&P.AG R 9.2.1 Provide coverage for owned, non-owned and hired autos. 9.2.2 Provide contractual liability coverage for the terms of this Agreement. 9.3 Workers' compensation insurance with statutory limits and employer's liability insurance with limits of not less than one million dollars ($1,000,000) per accident; and the policy shall contain a waiver of subrogation endorsement in favor of CITY, its mayor, council, officers, agents, employees and volunteers. Insurance is to be placed with insurers with a Bests' rating of no less than A:VII. Any deductibles, self-insured retentions or insurance in lesser amounts, or lack of certain types of insurance otherwise required by this Agreement, or insurance rated below Bests' A:VII, must be declared prior to execution of this Agreement and approved by CITY in writing. All policies shall contain an endorsement providing CITY with thirty (30) days written notice of cancellation or material change in policy language or terms. All policies shall provide there shall be continuing liability thereon, notwithstanding any recovery on any policy. The insurance required hereunder shall be maintained until all work required to be performed by this Agreement is satisfactorily completed as evidenced by written acceptance by ATTORNEY shall furnish the City Risk Manager with a certificate of insurance and required endorsements evidencing the insurance required. CITY may withhold payments hereunder if certificates of insurance and endorsements required have not been provided. Unless otherwise approved by CITY, if any part of the work under this Agreement is subcontracted, the "basic insurance requirements" set forth above shall be provided by, or on behalf of, all subcontractors even if CITY has approved lesser insurance requirements for ATTORNEY. 10. TERMINATION. Either party may terminate this Agreement upon five (5) days written notice. ATTORNEY shall, upon termination, forthwith deliver to new counsel as directed by the City Attorney a Substitution of Attorney form signed by ATTORNEY. CITY may terminate this Agreement immediately without notice upon determining that such action is necessary to protect the interests of CITY. 11. OWNERSHIP AND INSPECTION OF FILES. All files, pleadings, reports, documents and other items remitted to ATTORNEY pursuant to this Agreement are and shall remain the property of CITY and shall be returned to CITY upon full completion of each matter after the time for appeal has run. During the pendency of the case remitted, all billing, invoice, time and other non-privileged portions of the file shall be made available for inspection by the Finance Director and Internal Auditor of CITY or other person designated by the City Attorney at all reasonable AttorneyRetainerAgreement S :~.IT~SCAC2~AGR~IATCH&P ~,G R --June 30, 1997 -- "-r-age 4 of 7 Pages -- times. It is understood and agreed during the pendency of any conflict representation case, physical possession of the file shall remain with ATTORNEY who shall hold inviolate the confidences of client as required by law. Should this Agreement be terminated, the files shall be returned to CITY with all privileged materials appropriately sealed for transmittal to successor attorney of record for client. 12. NOTICES. All notices relative to this Agreement shall be given in writing and shall be personally served or sent by certified or registered mail and be effective upon actual personal service or depositing in the United States mail. The parties shall be addressed as follows, or at any other address designated by notice: CITY: OFFICE OF THE CITY ATTORNEY CITY OF BAKERSFIELD 1501 Truxtun Avenue Bakersfield, California 93301 Telephone: (805) 326-3721 Facsimile: (805) 325-9162 ATTORNEY: HATCH & PARENT 21 East Carrillo Street P. O. Drawer 720 Santa Barbara, California 93102-0720 Telephone: (805) 963-7000 Facsimile: (805) 965-4333 13. WAIVER OF DEFAULT. The failure of any party to enforce against another 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. 14. MERGER AND MODIFICATION. This Agreement sets forth the entire agreement 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. 15. BINDING EFFECT. The rights and obligations of this Agreement shall inure to the benefit of, and be binding upon, the parties to this Agreement and their heirs, administrators, executors, personal representatives, successors and assigns. 16. FORUM. Any lawsuit pertaining to any matter arising under, or growing out of, this Agreement shall be instituted in Kern County, California. 17. TIME. Time is of the essence of this Agreement. AttorneyRetainerAgreement S :~LI'ISSCAC2~AGR~HATCH&P.AGR 5 of 7 --June 30, 1997 -- ~age ~ages - 18. ACCOUNTING RECORDS. ATTORNEY 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 ATTORNEY's office during the period of this Agreement, and for a period of three years from the date of the final payment hereunder, and said records shall be made available to CITY representatives upon request at any time during regular business hours. 19. EXHIBITS. In the event of a conflict between the terms, conditions or specifications set forth in this Agreement and those in exhibits attached hereto, the terms, conditions or specifications set forth in this Agreement shall prevail. All exhibits to which reference is made in this Agreement are deemed incorporated in this Agreement, whether or not actually attached. 20. CORPORATE AUTHORITY. 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 this Agreement is binding upon said corporation or organization in accordance with its terms. 21. This Agreement is effective upon execution. It is the product of negotiation and all parties are equally responsible for authorship of this Agreement. Section 1654 of the California Civil Code shall not apply to the interpretation of this Agreement. 22. TAX NUMBERS. ATTORNEY's Federal Tax Identification No. ~'-- ATTORNEY is a corporation? Yes ~/' No (Please check one.) IN WITNESS WHEREOF, the parties hereto have hereunto set their hands the day and year first above written. CITY OF BAKERSFIELD ("CITY") HATCH & PARENT ("ATTORNEY") By: By: ~Xt~~ BOB PRICE Mayor Title: MORE SIGNATURES ON THE FOLLOWING PAGE AttorneyRetainerAgreement S :~IT~SCAC2~AGR~'-IATCH& P.AGR --June30, 1997 -- Page 6 of 7 Pages -- APPROVED AS TO FORM: JUDY K, SKOUSEN City Attorney By: JUDY K. SKOUSEN City Attorney COUNTERSIGNED: By: GREGORY J. KLIMKO Finance Director JKS/meg Attachment: Exhibit "A" -- Page 7 of 7 Pages -- SCHEDULE OF FEES AND COSTS Attorney Retainer Agreement City of Bakersfieldf[latch and Parent July 1, 1997 1. Fees. The fees for our representation are based on the 3. Costs and Other Charges. In addition to our fees, we current prevailing hourly rates for the time our attorneys and may bill costs and expenses for such items as photocopying, paralegals spend on your matter(s). The time expended on teleeopying, computerized legal research charges, long your matters is simply multiplied by the applicable hourly distance telephone dharges, messenger and delivery services, rates and yields the fees due and payable monthly by you. word processing fees, consultant or investigative fees, and similar costs and expenses. We may also advance costs, from Our current regular hourly rates for legal personnel are time-to-time, for such items as filings with courts or agencies, travel, lodging, etc. Partners $185/hr. Associates $100/hr. to$145/hr. Consultant, investigative and witness fees and costs may Paralegals and $ 90/hr. to $100/hr. accrue in the course of our representation for which you Law Clerks would be responsible. Further, if any of the attorneys or Case Clerks $ 50/hr. paralegals of Hatch and Parent are required to testify or participate in disoovery, trial preparation or other proceedings For some specialities, premium rates apply. These terms and in conjunction x}ith )'our legal matters, whether during or conditions, including our hourly rates, are updated each after our representation, you are obligated to pay for their January or sometimes during the year, upon thirty (30) days time, costs and expenses in accordance with the schedules of notice to you or as xve undertake additional legal this Agreement. representations for you. You are presumed to have agreed to any changes if you do no! discharge us as your attorneys The cost of licensing and installation of computer within the thirty (30) day notice period. We reserve the fight programming to manage your ease or matter other than Hatch to assign legal personnel to your representation as needed in and Parenfs regular programs, will be charged to you. All our judgment, costs m~d expenses are billed to, and payable by, you at our cost, except; 2. Billing Practices. The time of our legal personnel is billed in minimum increments of O. 10 hours (six minutes) for Photocopying: $. 15 per page any task irrespective of its duration. Mileage: IRS Rate Facsimile: $1 per page (Sending Only) The time for all telephone calls relating to your matter(s) is Technology Services: $65 per hour charged, including telephone calls with you, opposing parties, Data Transfer: $1 per page (Sending & Receiving) opposing counsel, witnesses and other persons or entities Computer Research: External: $6 per minute or less related to your matter(s). From time-to-time, legal personnel Internal: $2 per minute or less assigned to your case confer among themselves about your (both depend on libraries aocessed) case; and in such event, each person will charge for the time Long Dist. Phone: Cost + 50% (For Internal Equipment) expended. Likewise, if more than one of our personnel Dedicated Facilities' assigned to your case attends a meeting or other proceeding, Hotel/Equip. Rentals: Cost + 10% (For Admin. Support) each will charge for his or her time. We charge for waiting time and t'or travel time, both local and out of town. ~?~'~:~'~ ISABELLA RESERVOIR DALLY OPERATIONS REPORT (All readings are for date of report (TUESDAY) as of 0001, except as noted.., cfs in italics) Date of Report: July 15, 1997 ISABELLA RESERVOIR 1 2594.76 Lake Elevation (ft.) 451432 Storage -2520 Change 1052 Inflow to Isabella 2 568075 Storage Capacity 79%. % of Capacity 282580 Normal Storage 160% % of Normal Storage For this Date 3 10278 Average Lake Area (Acres) 34668 Inflow (Month) 60433 Outflow (Month) 4 1137 North Fork Mean 1106 North Fork @ 0700 Hours 1101232 Accumulative Inflow (96- 97 WY) 5 2167 Mean Outflow 560 Borel Canal 1607 Main Dam Outlet 900619 Accum. Outflow (WY) 6 2252 Outflow @ 0700 558 Borel Canal @ 0700 Hours 1694 Main Dam Outlet @ 0700 Hours Hours 7 156 Lake Evap. (cfs) 0.47 Inches Evap. for 24 Hours 4375 Lake Evap. (Month to Date) 8 0 Spillway Discharge for 24 Hours PRECIPITATION AND TEMPERATURE 9 0.00 Inches of Precipitation at Isabella for 24 Hours 0.00 Inches of Precipitation at Isabella for Month 10 11.36 Seasonal Precip. Isabella 9.72 Normal for 117% Isabella Precip. this Date % of Normal 11 0.00 Inches of Precipitation at Pascoe for 24 Hours 0.00 Inches of Precipitation at Pascoe for Month 12 45.80 Seasonal Precip. Pascoe 34.67 Normal for 132% Pascoe Precip. this Date % of Normal 13 0.0 Upper Tyndall Creek 0.0 Pascoe 0.0 Wet Meadow 14 99 Isabella Maximum Temperature 15 68 Isabella Minimum Temperature 65 24 Hot~r Wind Movement (Miles) NATURAL RIVER FLOW 16 1109 Natural Flow (cfs) 35150 Natural Flow (Month to Date) 534393 1997 April-July Runoff 17 1210 Mean Flow 92% Natural Flow 8,33 Median Flow 133% Natural Flow For this Date in % of Mean For this Date in % of Median 18 6628 Max. on Record 127 Min. on Record 1148763 Accum. Natural Flow (Water Year) For this Date For this Date KERN R/VER FACTS & FIGURES: "That the said Buena Vista Canal Company is, and has been ever since the 15th day of July, 1870 the owner of and entitled to divert and appropriate from said Kern River, by means of Produced by City of Bakersfield and through its said canal, eighty cubic feet per second of the waters of said river..." Water Resources (excerpt from paragraph 4 of the Shaw Decree dated August 6, 1900). (~05) 326-3715 - KERN COUNTY WATER AGENCY MEMORANDUM CALFED/CALIFORNIA URBAN WATER CONSERVATION COUNCIL Proposed Best Management Practices for Urban Water Conservation (would be required for all water agencies filing an Urban Water Management Plan; and based on cost- effectiveness for a water agency's service area) 1. Water Audit Programs for Single-family and Multi-family Residential Customers Water suppliers shall offer and market home water use surveys, and provide information about water use. 2. Residential Plumbing Retrofit Water suppliers shall distribute water conservation devices to residential customers, utilizing a targeting and marketing strategy. 3. Distribution System Audit, Leak Detection and Repair Water suppliers shall conduct distribution system checks for leaks and repair them if found. 4. Metering with Commodity Rates for All New Connections and Retrofit of Existing Connections Water suppliers shall install water meters on all service connections. 5. Large Landscape Conservation Programs and Incentives Water suppliers shall provide specific conservation programs for large landscape water users (such as cemeteries, parks, golf courses) in their service areas. 6. High-Efficiency Washing Machine Rebate Program Water suppliers shall offer rebates supplementing those of local power suppliers to encourage consumers to purchase this new technology. 7. Public Information Programs Water suppliers shall provide an ongoing water conservation public outreach effort (may arrange for another water supplier to provide such programs on their behalf). 8. School Education Programs Water suppliers shall provide an ongoing water conservation school education program in their service area (may arrange for another water supplier to provide such programs on their behalf). 9. Commercial, Industrial, and Institutional Conservation (CII) Water suppliers shall provide water use surveys to all CII customers, and provide incentives for retrofits of water using devices. 10. Wholesale Agency Assistance Programs Wholesale water agencies shall provide financial and staff support for retail water suppliers in their service areas. 11. Conservation Pricing Water agencies will be required to bill by volume of use (language and intent not yet resolved). 12. Conservation Coordinator Water suppliers shall appoint a staff member to carry out water conservation-related duties, and to file reports with the urban Council and the state. 13. Residential Ultra Low Flow Toilet Retrofits Water suppliers shall offer financial incentives for customers to replace older-model toilets. ater Wise  ...a special Eyewitness News educational series /~ brought to you by: ~X 29 WATER AGENCY KBAK-TV We're ~u...j stalionl' //~ "Water Wise" is a ten.part series, July 21st. August 1st on Eyewitness News at 6 PM on KBAK-TV 29, and on Eyewitness News at 10 PM /~ on FOX 58. ater Wise ...a special Eyewitness News educational series brought to you by: California Water Service Company, The Water Association of Kern County, Kern County Water Agency and The City of Bakersfield Water Resources Department. Monday, July 21st - It's an overview of the California Monday, July 28th - It's water for the city and water for the countryside. Tonight, Water Situation. From floods in January to critically dry discover how urban and agricultural water conservation techniques impact California three months later. Learn how the State Water Project, The farms, industries and homes. Central Valley Project and local water projects benefit you and your family. Tuesday, July 29th - Kern County remains one of California's richest agricultural markets. Tonight, learn of recent measures in agricultural water technology. Tuesday, July 22nd - Tonight we'll focus on Lake Isabella and The Kern River. Discover how the 1997 water year Wednesday, July 30th - Go with the fiow...Iow-flow that is! New, in-home water affected them. In spite of the highest percentage of mn-off in conservation devices are making it easier than ever to conserve water. Low.flow the state, water projections fell from 200% to 120% in just 3 shower heads, ultra Iow-flow toilets and horizontal-axis washing months, machines are among the current offerings. Wednesday, July 23rd - The focus tonight is on the Thursday, July 31st - Beautiful lawns and stunning landscapes are a part of the Sacramento - San Joaquin Bay- Delta and how it California terrain. Tonight, check-out how you can have it all...a beautiful impacts the water we have in Kem County. See the benefits of yard and a Iow water bill! the State Water Project and the Central Valley Project to the local economy. Friday, August 1st- It's an offer you can't refuse! Join California Water Service Company Thursday, July 24th - Understand the Kern River and the Housing Authority of Kern County for a Agreement between The City of Bakersfield and The Kern look at their ultra Iow-flow toilet retrofit program! County Water Agency. And, exchange your shower head for a Water Wise shower head at Kern County Friday, July 25th - We'll close the week with The Kern Water Agency, California Water Service River Parkway. Listen in on current efforts for the Parkway Company or at The City of Bakersfield and share the vision for the future. Water Resources Department. Water Wise Exchange Day is Friday, August 1st. Exchange your shower head at Kern County Water Agency - 3200 Rio Mirada Drive, California Water Service Company- 3725 South H Street or at The City of Bakersfield Water Resources Department- 1000 Buena Vista Road- all locations in Bakersfield.