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HomeMy WebLinkAbout09/16/98 C I T Y 0 F ~..:....../-:~ .... ~ '" WATER BOARD ' ?' ' ~ ' Mark C. Salvaggio, Chair :~,, Patricia M. Smith, Vice-Chair ~ ;. Jacquie Sullivan CITY OF BAKERSFIELD ........ WATER BOARD MEETING WEDNESDAY, SEPTEMBER 16, 1998 - 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 JULY 29, 1998 SPECIAL MEETING MINUTES 4). SCHEDULED PUBLIC STATEMENTS 5). KERN RIVER OPERATIONS REPORT 6). TOUR OF FUTURE NORTHEAST BAKERSFIELD BIKE PATH AND WATER FACILITIES PROJECT SITE 7), OLD BUSINESS A. STATUS OF KERN RIVER PARKWAY PROPERTY ACQUISITIONS - Board Information 8). NEW BUSINESS A. EASEMENT AGREEMENT WITH KERN WATER BANK AUTHORITY FOR CANAL FACILITY IN 2800 ACRES NEAR ENOS LANE - For Board Action and Recommendation to City Council B. AGREEMENT WITH KERN DELTA WATER DISTRICT FOR TEMPORARY RENTAL OF CITY ISABELLA STORAGE SPACE - For Board Action 9). CLOSED SESSION A. 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. 10). CLOSED SESSION ACTION Gene ces Manager POSTED: September 11, 1998 S:WBSEI698AG ~000 BUENA VISTA ROAD , BAKERSFIELD, CALIFORNIA 93311 · (805) 326-3715 MINUTES OF THE SPECIAL MEETING OF THE WATER BOARD - CITY OF BAKERSFIELD Held Wednesday, July 29, 1998, Water Resources Conference Room, 1000 Buena Vista Road, Bakersfield, CA 93311. 1. The meeting was called to order by Boardmember Salvaggio at 4:40pm. 2. Present: Mark Salvaggio, Chair Jacquie Sullivan Absent: Patricia M. Smith 3. Boardmember Sullivan made a motion to approve the minutes of the Special Water Board Meeting held May 27, 1998. Motion carried. 4. There were no public statements. 5. An update on the current Kem River operations was given by Hydrographic Supervisor Steve Lafond. An unusually cool May and June lead to late peaks on the Kern River, the natural flow topped out on the 17th of June at an excess of 7,500 cfs. Lake Isabella peaked at 562,474 acre-feet, which is 99% of reservoir capacity, 5,600 acre-feet short and less than six inches from the spillway. The Corps of Engineers took over the operation of the reservoir on April 29th, with the goal to evacuate storage and make room for the predicted snowmelt. The spring releases fi.om the reservoir with flows up to 4,600 cfs exceeded the irrigation and spreading demands which caused roughly 132,000 acre-feet of Kern River water flowing into the California Aqueduct Intertie. Mandatory releases stopped July 10th with reservoir control returned to the Kern River Watermaster at that time. The 2800 Acre Recharge Facility has been in continual operation and is predicted to continue throughout the fall months. For Board information, no action required. 6. Old Business 6A. The status of the Kem River Parkway acquisitions was presented by Mr. Bogart. The purchase of the Wattenbarger 15+ acre property was successfully negotiated with two options, 1) for $125,000 cash, and 2) payment over 3 years ~ $46,000 per year. Staff recommends option 2. This property is not part of the Proposition 204 monies that became available, but one that staffconsiders high priority. The estimated date of possession is the end of August. Boardmember Salvaggio made a motion to recommend approval to the Council for the purchase of the Wattenbarger property over a three year period at $46,000 · . per year. Motion carried. 6B. Mr. Bogart presented an update on the Water Wall and Wall of Fame at Centennial Garden. ~ ' The construction of the plaque at the Water Wall is progressing on schedule. The commemorative marker will recognize the City and other contributing water districts. The Water Resources Department staff, as well as Mr. Tandy, City Manager, request the City participate in the Hall of Fame by making a contribution of $96,000 to the Bakersfield Foundation for a permanent display relating historical facts about the Kern River. Boardmember Sullivan made a motion to contribute $96,000 from the Domestic Water fund for this display at the Centennial Garden. Motion carried. 7. NEW BUSINESS 7A. Mr. Bogart presented a proposed Lease Agreement with the County of Kern for water facilities in the Kem River State Park. The future Northeast Bike Path and Water Facilities Project Environmental Impact Report is out for the 45-day review. The project headworks and ponds are to be located on the County's Kern River State Park property near CALM and the Kern Soccer Park. This easement agreement will allow the project facilities to be built and operated by the City. In a related, item, the County has received a grant of $137,000 to plant trees along the new bike path from Hart Park to the future regulating reservoir location at CALM. The City will be contributing 250 trees at a cost of approximately $10,000 to this project which is scheduled to start the first week in November. For Board information, no action required. 7B. Mr. Core presented before the Board the Right of First Refusal on the sale of California State Water Project Entitlement. The re-negotiated State Water Project contract allows the Kern County Water Agency or a local member unit, to sell a portion of their water entitlement out of the County. A proposal was submitted by Berrenda Mesa W.D. to the Kern County Water Agency to sell 8,000 acre-feet of entitlement to Western Hills Water District, a municipal district located in Stanislaus County, at a price of $1,000 per acre-foot. The Right of First Refusal provision is to allow local districts or agencies to purchase water at that price. The City has no interest in the purchase of water at this time due to the price and the availability of Kern River supplies. Staff recommends the Board approve the Water Manager signing the notice of rejection of the Right of First Refusal. A motion to this effect was made by Boardmember Salvaggio. Motion carded. 8. Closed Session. Adjourned to Closed Session at 5:20pm. 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. The meeting reconvened at 5:28pm. ~ 9. Received update on litigation by legal counsel, no action taken. 10. A motion to adjourn was made by Boardmember Salvaggio at 5:29pm. Mark Salvaggio, Chair City of Bakersfield Water Board Sharon Robison, Secretary City of Bakersfield Water Board S:\WAT ERBOARDMI NX, WBMinJu|98 ITEM 6 TOUR OF FUTURE NORTHEAST BAKERSFIELD BIKE PATH AND WATER FACILITIES PROJECT SITE. PIPELINE TO HART PARK KERN CANAL TO RIVER HART PARK RAW WATER ?'. ~ / PONDS HARRELI- HIGHWAY INTAKE KERN COUNTY SOCCER PARK MORNING DRIVE BIKE PATH '~'~'* ~l RAW WATER C;ALIFORNIA ' * ~ I' PUMP LIVING STATION MUSEUM BURIED 54-INCH RAW WATEF PIPELINE WATER TREATMENT PLANT SITE MORNING DRIVE BIKE ' , CONTINUES TO FAIRFAX ., ... ,~ ,.., ROAD DRIVE September 2, 1998 The Honorable Pete Wilson The Governor of California State Capitol Sacramento, CA 95814 Re: Additional Funding for the Kern River Parkway Project Dear Governor Wilson: It was recently brought to our attention that Trailer Bill AB2794 currently under consideration includes $125,000 for expansion of the Kem River Parkway. Attached for you review is Resolution NO. 74-98 passed by City Council on June 10, 1998, in support of obtaining additional State funding toward completion of our extremely successful Kern River Parkway Project. These funds will be utilized for additional land acquisitions along the parkway. This is an important project to this community and has the support of a broad-based local coalition of public and private supporters. We respectfully request your support in retaining the additional funding for expansion of the Kern River Parkway. Thank you for your consideration of this important request. If we can provide additional information at this time, please let us know. Yours,~ly, Bob Price Mayor cc: Alan Tandy, City Manager Assembly Member Robert Prenter Senator Jim Costa 1501 Truxtun Avenue · Bakersfield, California 93301 · (805) 326-3770 ° Fax (805) 326-3779 Mark C. Salvaggio, Chair Patricia M. Smith, Vice-Chair Jacquie Sullivan September 2, 1998 The Honorable Pete Wilson The Governor of California State Capitol Sacramento, CA 95814 Re: Additional Funding for the Kern River Parkway Project Dear Governor Wilson, We are extremely pleased to hear that additional funding for the Kern River Parkway is included in AB2794. This is an important project to this community and we are requesting your support and approval of the additional $125,000 for our parkway project. The funding will be used directly for land acquisitions and not to any administrative or staff costs or expenses. We are appreciative of prior efforts and support and previous funding towards completion of the Kern River Parkway most notable the $500,000 Proposition 204 Grant. As you know, that funding allowed us to pursue property and land purchases to place the Parkway into public ownership. Attached for your review is a Kern River Parkway fact sheet and signature page of major public and private individuals showing previous support for the project. Thank you for your consideration. Please let us know should you require additional information at this time. Sincerely, Mark Saivaggio Chair, City of Bakersfield Water Board cc: Alan Tandy, City Manager Assembly Member Robert Prenter Senator Jim Costa 1000 BUENA VISTA ROAD · BAKERSFIELD, CALIFORNIA 93311 · (805) 326-3715 CITY OF WATER ~SOURCES DEPARTMENT GENE ~ART. M~ager FLORN CORE. Waler Re~u~es Direclor PATRICK E. HAUPTMAN. Su~rinlen~nl STEVE LAFOND. For~asting ~d Record~ 326-3~7 MAURICE RANDALL. Business M~ager 326-37~ KERN RIVER DISPATCIIER 326-3716 September 2, 1998 The Honorable Pete Wilson The Governor of California State Capitol Sacramento, CA 95814 Re: Additional Funding for the Kern River Parkway Project Dear Governor Wilson, We are requesting your support and approval for additional funding for the Kern River Parkway Project. As you are aware, AB2794 includes $125,000 for our Parkway Project which will be utilized to purchase privately owned parcels contiguous to the Parkway. We have included for your information and reference a copy of "The Kern River Parkway - The First 10 Years" outlining our project. As you will notice from the material enclosed, this project has the support of a broad-based local coalition of both public and private organizations. If we can provide additional information at this time, please let us know. Very Sincerely yours, Gene Bogart Water Resources Manager cc: Alan Tandy, City Manager Assembly Member Robert Prenter Senator Jim Costa 1000 BUENA VISTA ROAD · BAKERSFIELD, CALIFORNIA 933~11 · (805) 326-3715 AGREEMENT NO. EASEMENT AGREEMENT WITH KERN WATER BANK AUTHORITY THIS AGREEMENT, is made and entered into on , by and between the KERN WATER BANK AUTHORITY, a Joint Powers Authority ("AUTHORITY" herein) and the CITY OF BAKERSFIELD, a charter city and municipal corporation ("CITY" herein). RECITALS WHEREAS, CITY owns real property situated within and along the natural channel of the Kern River located west of CITY between Buena .Vista Road and Interstate "5," consisting of approximately two thousand eight hundred (2,800) acres, which is commonly referred to as the "2800 Acres" ("2800 Acres" herein); and WHEREAS, the AUTHORITY is a local public entity formed under the laws of the State of California which enable the creation of joint powers authority for the joint exercise of powers, and the AUTHORITY has organized itself to exercise the water recharge, water extraction, water supply, and other powers; and WHEREAS, AUTHORITY owns real property Situated adjacent to the 2800 Acres, consisting of approximately nineteen thOusand nine hundred (19,900) acres, which is commonly referred to as the "Kern Water Bank"; and WHEREAS, AUTHORITY has developed and manages a water spreading and recovery operation on the Kern Water Bank, the primary use of which is for spreading, percolation, storage, banking and recovery of water; and WHEREAS, the AUTHORITY requires a relocation of the Main Canal diversion headworks requiring conStruCtion of a new facility ("Diversion Works") upstream from the Buena Vista Diversion Weir; and WHEREAS, an easement is required from CITY for construction and maintenance of a portion of the.aforementioned Diversion Works and for a portion of a new channel on CITY property on the north side of the Kern River; and WHEREAS, AUTHORITY and CITY intend that completiOn of this Agreement be a condition of the CITY's granting of the easement for the Diversion Works, across CITY property. -- Page I of 6 Pages -- NOW, THEREFORE, incorporating the foregoing recitals herein, CITY and AUTHORITY mutually agree as follows: 1. GRANTING OF EASEMENT. CITY agrees to grant AUTHORITY a canal easement approximately five hundred feet (500') in length and one hundred forty feet (140') in width, connecting the Diversion Works that would be relocated to a point in Section 24, Township 30 South, Range 25 East, Mount Diablo Base & Meridian, approximately five hundred feet (500') upstream from the Buena Vista Diversion Weir, East of Enos Lane, to a point on the South line of the Northwest quarter of the Northwest quarter of Section 24. This easement is specifically described on Exhibit "A," attached hereto and incorporated herein by reference. This Easement Agreement, including exhibits, shall be recorded upon execution of this Agreement. 2. CONSIDERATION. In consideration 'for the herein described easement, AUTHORITY shall include in the design of the Diversion Works, a headgate (w/spigot) that will be used to divert water through the Diversion Works to:CITY: property located south of the canal easement and east of Enos Lane. AUTHORITY agrees to construct the headgate at the time of installation of Diversion Works. AUTHORITY shall supply CITY "as built" drawings at the conclusion of the construction, 'and shall dedicate the headgate to CITY. CITY shall reimburse AUTHORITY· for the construction costs of the headgate. 3, OWNERSHIP, OPERATIONS AND MAINTENANCE. AUTHORITY shall own the Diversion Works. The ·AUTHORITY and/or its designee shall operate and maintain the Diversion Works and be responsible for the measurement of water diverted through the Diversion Works. CITY shall own, operate and maintain the headgate and associated appurtenances to the headgate. 4. RECORDS·AND SCHEDULING. AUTHORITY shall be responsible to schedule water'diVersions fortyTeight (48) hours in advance through CITY water dispatcher. AUTHORITY and/or its designee shall maintain records of such water diverted via the Diversion Works and make such records available to CITY. CITY shall have the right to check the accuracy of such records by monitoring water flows or obtaining copies of AUTHORITY records. 5. RESTORATION OF PREMISES. Upon completion of the project works as outlined in this Agreement, AUTHORITY shall restore the easement property surrounding the construction area to a condition similar to that which existed prior to construction. CITY shall have the right to inspect and approve the after condition of the property and AUTHORITY shall complete the restoration as required by CITY. 6. ASSIGNMENT. This Agreement shall not be assigned by AUTHORITY on behalf of itself without the prior written consent of CITY provided however, the EascmcntAgrccmcntWithKcrnWatcrBankAuthority S:\KernWaterBankAgr. wpd August17, 1998 -- Page 2 of 6 Pages -- AUTHORITY may provide for assignment to a lender in the event of default, as a condition of financing improvements on the Kern Water Bank. 7. LIABILITY. Neither CITY nor any of its officers, agents, or employees shall be liable for the water quality, control, carriage, handling, use, disposal, or distribution of water diverted for or by AUTHORITY pursuant to this Agreement. 8. INDEMNITY. AUTHORITY 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, before administrative or judicial tribunals of any kind whatsoever, arising °utof, connected with, or caused by AUTHORITY, AUTHORITY'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 whether or not caused in part by a party indemnified hereunder, except as limited by California Civil Code section 2782. 9. 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: CITY OF BAKERSFIELD WATER RESOURCES DEPARTMENT 1000 BUena vista Road. ': Bakersfield, California 93311 AUTHORITY: :::KERN WATER BANK AUTHORITY ':: P.:O,Box 80607 :..:' Bakersfield, California 93380 10. coMPLIANCE WITH ALL LAWS. AUTHORITY shall, at AUTHORITY'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. Written approval of the State of California Reclamation Board, and all other applicable agencies must be obtained by AUTHORITY prior to any work being done at project site. 11. TERM, The term of this Agreement shall commence the date first above wdtten and the same shall continue thereafter in full force and effect unless terminated by abandonment of the easement by the AUTHORITY, or if easement is not used for five (5) years or longer. If the Diversion Works are not constructed within a period of five (5) years from the date first above, the easement shall automatically terminate. Eascment^greementWilhKcrn WaterBankAulhority S:\Kcrn WaterBankAgr. wpd ^.gust ~7, ~998 -- Page 3 of 6 Pages -- 12. ACCEPTANCE OF WORK OR SERVICES. The acceptance of work or services, or payment for work or services, by CITY shall not constitute a waiver of any provisions of this Agreement. 13. ACCOUNTING RECORDS. AUTHORITY shall maintain accurate accounting records and other written documentation pedaining to all costs incurred and water diverted as a result of this Agreement. Such records and documentation shall.be kept at AUTHORITY's office, and said records shall be made available to CITY representatives upon request at any time during regular business hours. 14. BINDING EFFECT. The rights and obligations of this'Agreement shall inure to the benefit of, and be binding upon, the parties to the Agreement and their heirs, administrators, executors, personal representatives, successors and assignsl 15. 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. 16. EXECUTION. 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. :::'' : 17. EXHIBITS. In the event'°fa 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. 18. FORUM,".Any lawsuit pertaining to any matter arising under, or growing out of, this Agreement shall be instituted in Kern County, California. 19. INDEPENDENT CONTRACTOR. This Agreement calls for the performance of AUTHORITY as an~independent contractor. AUTHORITY is not an agent or employee of the CITY for any purpose and is not entitled to any of the benefits provided by CITY to its employees. This Agreement shall not be construed as forming a partnership or any other association with AUTHORITY other than that of an independent contractor. 20. INSURANCE. During the term of this Agreement, AUTHORITY shall maintain a single limit broad form commercial general liability insurance policy in an amount of not less than One Million Dollars ($1,000,000) per occurrence with combined EascmcntAgrccmcntWithKcrnWalcrBankAu~hori~y S:\KernWaterBankAgr. wpd August 17, 1998 -- Page 4 of 6 Pages -- liability for personal injury, property damage and automobile liability with a reliable insurance carrier authorized to do business in the State of California and statutory workmen's compensation coverage. Said policy or policies of insurance shall expressly name the CITY and its agents, officers, and employees as additional insureds. Said insurance shall not be subject to cancellation, non-renewal, or coverage reduction without thirty (30) days written notice to CITY. AUTHORITY shall provide to the CITY proof of insurance endorsements and certificates of insurance prior to execution of this Agreement. Said proof of endorsements and certificates of insurance shall be attached to this Agreement as Exhibit "B," and incorporated herein by reference. 21. 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 : · 22. NON-INTEREST. No officer or employee of the CITY shall hold any interest in this Agreement (California Government Code seCtion 1090):": 23. 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. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed, the day and year first'above written. "CITY .... AUTHORITY" CITY OF BAKERSFIELD KERN WATER BANK AUTHORITY 'By: By: BOB PRICE Mayor Title: MORE SIGNATURES ON FOLLOWING PAGE Easemem Ag'ccementWith KemWater BankAuthorit y S:\Kern WaterBankAgr. wpd August 17, 1998 -' Page 5 of 6 Pages -- APPROVED AS TO CONTENT: WATER RESOURCES DEPARTMENT By: GENE BOGART Water Resources Manager APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY By:, ALAN El. DANIEL Assistant City Attorney COUNTERSIGNED: By: GREGORY J. KLIMKO Finance Director Attachments Exhibit "A"& 'Exhibit "B" EasementAgreementWithKernWatcrBankAuthority S:\KernWaterBankAgr. wpd ^.~us, ~?, ~998 -- Page 6 of 6 Pages -- STATE OF CALIFOfINIA--THE RESOURCES AGENCY PETE WILSON, Governor DEPARTMENT OF WATER RESOURCES 1416 NINTH STREET, P,O. BOX 942836 SACRAMENTO, CA 94236-0001 (916) 653-5791 '~.U~. ? 7 199~ Permit No. 16821 GM Kern Water Bank Authority/City of Bakersfield Post Office Box 80607 Bakersfield, California 93380-0607 Enclosed is your approved Reclamation Board permit. Under Condition Four of the permit, you are required to accomplish the work under the direction and supervision of the Department of Water Resources. Therefore, you must advise the Department at 1801 Sixth Street, Sacramento, California 95814, telephone (916) 445-6386, at least 10 days prior to starting work. An addressed postcard is enclosed for your convenience. Please note that your permit describes the work you proposed in your application. However, this permit is subject to 12 standard conditions and contains special conditions which could place limitations on or require modifications to your project. Therefore, you are advised to read all conditions prior to starting work. This permit does not relieve you of the responsibility for obtaining authorization from any other concerned State, local, or federal agency for your proposed project. The start of any work under this permit shall constitute an acceptance of the provisions of the permit and an agreement to perform accordingly. For further information, you may contact me at the above address or telephone (916) 653-0402. Sincerely, Jon M. Anderson, Chief Floodway Protection Section Enclosures cc: Navigation and Flood Control Unit CESPK-CO-O Sacramento District U.S. Army Corps of Engineers 1325 J Street Sacramento, California 95814-2922 STATE OF CALIFORNIA THE RESOURCES AGENCY THE RECLAMATION BOARD 16821 GM PERMIT NO. This Permit is issued to: Kern Water Bank Authority/City of Bakersfield Post Office Box 80607 Bakersfield, California 93380-0607 To construct a 20-foot-wide unlined canal and a reinforced concrete gated turnout structure on the right (north) bank designated floodway of the Kern River. The project is located east of Tupman approximately 0.5 mile upstream of the Interstate 5 crossing. Section 24, T30S, R25E, M.D.B.&M., Kern River, Kern County. NOTE: Special Conditions have been incorporated herein which may place limitations on and/or require modification of your proposed project described above. The Reclamation Board, on the ...... day of. , 19__, approved this application and the plans attached thereto. Permission is granted to proceed with the work described in this app]ication, which is incorporated herein b.v reference, subject to the following General and Special Conditions. (SEAL) General Manager GENERAL CONDITIONS: ONE: This permit is issued under the provisions of Sections 8700. 8723 of the Water Code. TWO: Only work described in the subject application is authorized hereby. THREE: This permit does not grant a right to use or construct works on land owned by the Sacramento and San Joaquin Drainage District or on any other land. FOUR: The approved work shall be accomplished under the direction and supervision of the State Department of Water Resources, and the permittee shall conform to all requirements of the Department and The Reclamation Board. FIVE: Unless the work herein contemplated shall have been commenced within one year after issuance of this permit, the Board reserves the right to change any conditions in this Permit as may be consistent with current flood control standards and policies of The Reclamation Board. SIX: This permit shall remain in effect until revoked. In the event any conditions in this permit are ~ot complied with, it may be revoked on 15 days' notice. SEVEN: It is understood and agreed to by the permittee that the start of any work under this Permit shall constitute an acceptance of the conditions in this permit and an agreement to perform work in accordance therewith. DWR 3784 CRev. 9/85) (over) EIGHT: This permit does not estoblish any precedent wi~h respect to any other application received hy Th~ Reclamation Board. NINE: The permittee shall, when required by law, secure the. written order or comae'at fromm all other public agencies having jurisdicti~m. TEN: The permittee is responsible for all personal liability and property damage which may arise out of failure on the permittee's part to perform the obligations under this permit. If any claim of liability is made against the State of Calif~rnia, or any departments ther~ff, the United States of America. a local district or other maintaining agencies and the officers, agent~ or employc~es thert~f, the permittee shall defend and shall hold each of them harmless from each claim.' · ELEVEN: The permittee shall exercise reasonable care to operate and maintain any work authorized herein to preclude injury to or damage to any works necessary 'to any plan of flood control adopted by the Board or the Legislature, or interfere with the successful exes:orion, functioning or operation of any plan of flood control adopted by. the'Board or the Legislature. TWELVE: Should any of the work not conform to thc? conditions of this permit, the permittee, upon order of The Reclamation Board. shall in the manner prescribed by the Board be responsible for the cost and ex pease to remove, alter, relocate, or reconstruct allot any part of the work herein approved. SPECIAL CONDITIONS: THIRTEEN:.· All work approved by this permit shall be in 'accordance with the submitted drawings and specifications except as modified by special ·permit conditions herein. No further work, other than that approVed .by this permit, shall be done in the area without the prior approval of The Reclamation Board. FOURTEEN: The permittee shall notify the Department of Water Resources by telephone, (916) 445,6386, at least .ten working days prior to start of work. FIFTEEN: Cleared trees and brush shall J3e completely burned or removed from the floodway, and downed trees or brush shall not remain in the floodway during the flood season from November '1' SIXTEEN: No excavation shall be made or remain in the levee section during the flood season from November 1 to July 15. SEVENTEEN: Any abandoned facilities shall be completely removed from the levee section. EIGHTEEN: cast-in-place reinforced concrete structures within the levee section shall not be less [han 6 inches thick. NINETEEN: Backfill material for excavations within the levee section shall be free of' stones or lumps that exceed 3 inches in greatest dimension, organic matter, or other unsatiSfactory material and shall be compacted to at. least 90 percent relative compaction·as measured by ASTM Method D1557-91. 'TWENTY:. The permittee shall replant or reseed the levee slopes to restore sod, grass, or other nonwoody ground covers if damaged during the project work. TWENTY-ONE: The levee sectiOn and patrol road shall be restored to at least the condition that existed prior to commencement of work. TWENTY-TWO: The permittee is responsible for repairing any damage to the levees caused by the installation or operation of the.well or pipelines. , . SPECIAL CONDITIONS FOR PERMIT NO. 16821 GM (Continued) TWENTY-THREE: The permittee shall maintain the permitted encroachments in the manner required and as requested by the authorized representative of the Department of Water Resources or any other agency responsible for maintenance. TWENTY-FOUR: The Reclamation Board and the Department of Water Resources shall not be held liable for any damages to the permitted encroachment(s) within the floodway, levee section, or within 10 feet of the levee toes resulting from flood fight, operations, maintenance, inspection, or emergency repair. TWENTY-FIVE: The permittee may be required, at permittee's cost and expense, to remove, alter, relocate, or reconstruct all or any part of the permitted encroachment(s) if removal, alteration, relocation, or reconstruction is necessary as part of or in conjunction with any present or future flood control plan or project or if damaged by any cause. TWENTY-SIX: Th~ permittee should contact the U.S. Army Corps of Engineers, Sacramento District, Regulatory Branch, 1325 J Street, Sacramento, California 95814, telephone (916) 557-5250, as a Section 10 of the Rivers and Harbors Act permit and/or a Section 404 of the Clean Water Act permit may be required. CITY OF .... ...~'~=: '" ~', " WATER BOARD l-'- Mark C. Salvaggio, Chair Patricia M. Smith, Vice-Chair Jacquie Sullivan AGREEMENT FOR TEMPORARY RENTAL OF ISABELLA RESERVOIR STORAGE SPACE BETWEEN CITY OF BAKERSFIELD AND KERN' DELTA WATER DISTRICT THIS AGREEMENT is entered into this lS.~~ day0f No~ernbeLi',1998, by and between the CITY OF BAKERSFIELD, a California municipal corporation and a Charter city ("CITY" herein), and KERN DELTA WATER DISTRICT, A California Water District, ("KERNDELTA" herein) and will become effective upon execution. .:" ~'" WHEREAS, CiTY is owner of. thirty-four peroent (34%) of the irrigation water storage space in Isabella Reservoir as set forth in :"Storage Agreement. Among First Point Water Entities" dated March 3, 1964; and WHEREAS, KERN:DELTA desireS":td:~tore'~p to 5,000 acre-feet of its 1998 State Water Project ("SWP~) exchangeWate[in CITY storage s~ace during the period of November 1, 1998 through y :,1.,~:1 9( temporarY:storage per od herein). NOW, THEREFORE, incorporating the foregoing recitals herein, it is mutually agreed between the partieS,~S:, fOll~s: · 1. RESERVOIR STORAGE. CITY shall permit KERN DELTA to store in CITY's available Isabella ReserVoir· storage space, up to 5,000 acre-feet of KERN DELTA's SWP exchange water during the temporary storage period. KERN DELTA shall be responsible to make such arrangements as are necessary for the placement of such water into CITY storage. · 2. ,sTORAGE SPACE ALLOCATION. CITY shall only allocate to KERN DELTA the use of such CITY storage space that is determined by CITY to be in excess of CITY storage requirements during the temporary storage period. RentallsabellaReservoirStorageSpaceWithKern Delta S:\Kern Delta Storage Rental Agreement.wpd -September 8, 1998 -- Page I of 4 Pages -- 1000 BUENA VISTA ROAD · BAKERSFIELD, CALIFORNIA 93311 · (805) 326-3715 3. NO GUARANTEE. CITY does not warrant or guarantee that excess CITY storage space will become available to KERN DELTA during the temporary rental period and KERN DELTA understands it is possible that no excess storage space may become available under this Agreement. 4. FIRST RELEASED. KERN DELTA agrees that its.SWP exchange water held in CITY storage space pursuant to this Agreement shall be the first water released from CITY storage space in the event the U.S. Army Corps of Engineers, as operator of Isabella Reservoir, should order evacuation of CITY storage water during the temporary storage period, iris understood by the parties that such evacuation order may be declared on the basis of,~ but may not be limited to, flood control and environmental protection objectives of the U.S. Army,~[ps .of Engineers. 5. EVAPORATION LOSSES. KERN DELTA SWP exchange water, stored inCITY space under this Agreement shall bear its own evaporationioss as prOportioned among the.l~abella Reservoir storage entities on a daily basis. 6. PAYMENT OF COSTS, KERN DELTA:ag~ to CITY its proportionate share of CITY's reservoir costs or expenses that are DELTA SWP exchange water stored in CITY storage space and all taxes or 0iher charges~i~P~sed on KERN DELTA's proportionate share of the stored water. Cl~.ShAi!i:il]nvoice KERN.!;:p,~LTA quarterly for said charges and will be due and payable by KERI (30) days of the date of the invoice. 7. WITHDRAWAL SCHEDULE. KERN DEE~A~?sb~:ii provide to CITY a withdrawal schedule for its SWP exchange wat~:~i:.~gld in CI~' storage,:~ace in advance of each such month that KERN DELTA SWP exchan~i~ter is~0red in ~!~'s Isabella Reservoir storage space under this Agreement. KERN DE~A agre~S tb evacg.~t~its swP exchange water stored in CITY storage space with due diligen :i~' July ~:~999;::;.:;::~:~!!'~ii ~.:~ ~ DEETA understands that any podion of KERN DELTA SWP exchange::~W~ter remaining , ~Y storage space after July 1, 1999, shall become CITY water and KER~ DEL~A shall release'all right, title, or ,nterest of any k~nd whatsoever therein. 9. ~::::?;N~ WATER'RIGHTS:::::KERN DELTA and CITY agree that this Agreement is an accommodation by Cl~;;;;i~;~mpora~, and shall not affect the water rights or storage rights of eithe{ pa~y in any way ~[ b~b~e a basis of a right or precedent for future agreements. .::,? 10. NOTICES~: Ali~ notices relative to this Agreement shall be given in writing and shall be personally se~ed o~sent by ced~fied or reg,stered mad and be effective upon actual personal se~i~ or depositing~p~the Umted States mail. The padies shall be addressed as follows, or at any otb,~r:address deSighated by notice: CITY: CI~ Of BAKERSFIELD City Hall 1501 Truxtun Avenue Bakersfield, California, 93301 RentallsabellaReservoirStorageSpaceWithKern Delta S:\Kern Delta Storage Rental Agreement.wpd -SeptemberS, 1998 -- Page 2 of 4 Pages -- KERN DELTA: Board of Directors KERN DELTA WATER DISTRICT 501 Taft Highway Bakersfield, California 93307 11. TERM. The term of this Agreement shall be for the period of November 1, 1998 through July 1, 1999. 12. REFERENCED CONTRACTS. The agreemes¢,and corltBctsaSreferenced herein are recognized by the parties to be in full force and effect and Shall bedeemedas included in this Agreement as though fully set forth. 13. ASSIGNMENT. This Agreement shall n~tbe as~ig by an rty substituted, without prior written consent of all the pa 14. BINDING EFFECT. The rghts and ob gatiG*ns oral, iS, Agreement shall inure to the benefit of, and be binding upon, the parties to the Agl ~eir heirs, administrators, executors, personal representatives, successors and assigns 15. CORPORATE AUTHORITY. Ea~bindi¢~balexecutin~t~is Agreement represents and warrants they are duly authorized to.execute arl~;~ehver,, th~s::~greement on behalf of the corporation or organization, if any, na~8 herein?¢a~'~;i;?is Agi~ment is binding upon said corporation or organization in accordanCe'with itstSrms. 16. EXECUTION. ThiSi::Agreement?is effectiYe upon execution. It is t e product of negotiation and all parties are eq0~ll~ responSi61e for authorship of this Agreement. Section 1654 of the California Civil Code shall'b~)t appl~;6:!i~6e i~.t~}etation of this Agreement. pertaia'i'~¢';i~any matter arising under, or growing out of, this Ag California· 18. shall indemnify, defend, and hold harmless CITY, its off, cers, ag any and a, ,ab,hty, c aims, actions, causes of action or demands::Whatsoever'a~i~i~titb~, or any of them, before administrative or judicial tribunals of any kind whatsoever, arisin~i?6'St of;::;8onnected with, or caused by KERN DELTA, KERN DELTA's emplOyees, agents or in~i~:~isClent contractors or companies in the performance of, or in any way arising from, the terms a~Cl provisions of this Agreement whether or not caused in part by a party indemnified hereunder/i~Xcept as limited by California Civil Code section 2782. :?;'::;; ::'~?,,:;19. ME~GER AND MODIFICATION. This Agreement sets forth the entire Agreement between th~!p~rti~ and supersedes all other oral or written representations. This Agreement may be'modi~ed ~"~iy in a writing approved by the CITY Council and signed by all the parties. 20. NEGATION OF PARTNERSHIP. CITY shall not become or be deemed a partner or joint venturer with KERN DELTA or associate in any such relationship with KERN DELTA by reason of the provisions of this Agreement. KERN DELTA shall not for any purpose be considered an agent, officer or employee of CITY. RentallsabellaReservoirStorageSpaceWithKemDelta S:\Kern Delta Storage Rental Agreement.wpd 3 of 4 -September 8, 1998 -- rage rages -- 21. NON-INTEREST. No officer or employee of the CITY shall hold any interest in this Agreement (California Government Code section 1090). 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. IN WITNESS WItEREOF, the parties hereto have caused this Agreem~n..t, to be'~Xecuted, the day and year first-above written. ~:~':'~=~':"<<~ ~ DELTA WATER DISTRICT CIT¢:D~BX~RSFIELD WATER BO~ President, Board of Directors Ci:~::~'ter Board Secreta~, Board of Directm , ~::?' APPROVED ~S TO FO~: By: GREGORY ~IMKO Finance Director By:. ~=:: By: ,~,Gene M, Alan D. Daniel ?: for Kern Delta ~:":~:: ~::,,~ Assistant City Attorney Rentallsabella ReservoirStorageSpaceWithKemDelta S:\Kern Delta Storage Rental Agreement.wpd -September 8. 1998 -- Page 4 of 4 Pages -- ITEM 9).A. 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.