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Home My WebLink About02/18/04City of Bakersfield Water Board Meeting of Februar~ 18, 2004 Water Resouces File Copy B A K E R S F I E L D WATER BOARD Mark C. Salvaggio, Chair David Couch, Vice Chair Harold Hanson CITY OF BAKERSFIELD WATER BOARD - REGULAR MEETING Wednesday, February 18, 2004 - 4:30 p.m. Water Resources Building Conference Room 1000 Buena Vista Road, Bakersfield, CA 93311 AGENDA 1. CALL MEETING TO ORDER 2. ROLL CALL 3. MINUTES A. Minutes of the December 22, 2003 Special Meeting for approval - For Board Review and Action 4. PUBLIC STATEMENTS 5. KERN RIVER LEVEE DISTRICT A. No Report 6. REPORTS A. Kern River Operations Report 7. OLD BUSINESS A. Update on request to Kern County Water Agency for treated water to serve NOrthwest Bakersfield - For Board Information B. Kern River Bike Path Reconstruction and Parkway Signage Dedication - For Board Information WATER BOARD AGENDA PAGE 2 FEBRUARY 18, 2004 8. NEW BUSINESS A. Ditch Eradication Agreement and Pipeline Easement Agreement with Dale G. Scales and Jan R. Scales for Tentative Tract 6175 - For Board Approval and Recommendation to City Council B. City of Bakersfield Domestic Water Division 2004-05 Rate Schedule - For Board Information 9. MISCELLANEOUS 10. WATER BOARD STATEMENTS 11. CLOSED SESSION A. None 12. ADJOURNMENT C~',-~)~ ~,,,~ Florn Core Water Resources Manager POSTED: February 13~ 2004 S:\WB MINUTES 2004\WBAGENDAFEB 1804.doc Water Board Meeting February 18, 2004 3. MINUTES A. Minutes of the December 22, 2003 Special Meeting for approval - For Board Review and Action MINUTES OF THE SPECIAL MEETING -' OF THE WATER BOARD - CITY OF BAKERSFIELD Monday, December 22, 2003 - 12:00 p.m. - Noon Water Resources Building Conference Room 1000 Buena Vista Road, Bakersfield, CA 93311 1. CALL MEETING TO ORDER The meeting was called to order by Chairman Salvaggio at 12:00 noon. 2. ROLL CALL Present: Chairman Salvaggio, Members Couch, Hanson Absent: None 3. TOUR A. Tour of Kern River Bike Path Re-Construction Water Resources Manager Gene Bogart recognized Walt Heisey. Chairperson Salvaggio recessed the meeting at 12:05 p.m. to tour the Kern River Bike Path Re-construction. The meeting reconvened at Water Resources Conference Room at 1:45 p.m. 4. MINUTES A. Minutes of the September 17, 2003 Regular Meeting for approval. Motion by Hanson to approve the minutes. APPROVED. 5. PUBLIC STATEMENTS A. Dana Munn, General Manager, North Kern Water Storage District, expressed appreciation to Water Resources Manager Gene Bogart and congratulated him on his upcoming retirement. B. Walt Heisey suggested a TV documentary be made of the tour taken today. C. Ann Matthews, Director, Kern County Water Agency, expressed appreciation to Water Resources Manager Gene Bogart and congratulated him on his upcoming retirement. Bakersfield, California, December 22, 2003 - Page 2 6. KERN RIVER LEVEE DISTRICT A. Operations and Maintenance Plan for Kern River Levee Improvements from South Allen Road 1.1 Miles West. Florn Core, Water Resources Director, stated this operations and maintenance plan is necessary to meet FEMA standards. Motion by Hanson to approve resolution recommendations and forward to City Council for approval. APPROVED 7. REPORTS A. Kern River Operations Report. Steve Lafond, Hydrographic Supervisor, gave a brief update. B. "The Kern River Purchase" Gene Bogart, Water Resources Manager, distributed copies of the The Kern River Purchase history to Board Members, staff and audience. He also thanked Steve Lafond and Mark Lambert for their efforts in compiling this information. No action taken. 8. OLD BUSINESS - None 9. NEW BUSINESS A. Participation in Weather Modification Program with Kern River Interests and Atmospherics Inc. Florn Core, Water Resources Director, gave a brief update. Motion by Hanson to approve contract to participate. APPROVED 10. MISCELLANEOUS A. 2004 Water Board Meeting Schedule. Motion by Couch to approve. 11. WATER BOARD STATEMENTS A. Couch referred to Walt Heisey's comment in The Kern River Purchase, stating "we achieved far more for the citizen's of Bakersfield than we had dared dreamed" and congratulated Mr. Heisey for that accomplishment. B. Hanson expressed appreciation to Water Resources Manager Gene Bogart and congratulated him on his upcoming retirement. C. Hanson stated he was contacted regarding a meeting with the Chamber of Commerce, Metropolitan Water District and others, and having a City representative at the meeting. He will contact them regarding this meeting. Bakersfield, California, December 22, 2003 - Page 3 11. WATER BOARD STATEMENTS continued D. Salvaggio expressed appreciation to Water Resources Manager Gene Bogart, congratulated him on his upcoming retirement and presented him with a plaque inscribed as follows: In recognition of Gene W. Bogart's 34.5 years of loyalty and dedication to the Kern River- its waters and surroundings. He is tireless in working to preserve the Kern River water for Bakersfield and has been instrumental in providing good, clean drinking water for its citizens. Gene has opened the river to the public with his vision and creativity in developing the Kern River Parkway and expanding the Kern River bike path system. These monuments will remain as Gene's legacy to future generations in the City of Bakersfield. E. Walt Heisey expressed appreciation to Gene Bogart and congratulated him on his upcoming retirement. F. Ann Matthews, Director, Kern County Water Agency, stated that Kern County received a Theodore Roosevelt Conservation Award from the ACWA Convention in San Diego for the Kern River restoration project. 12. ADJOURNMENT Motion by Salvaggio to adjourn the meeting at 2:20 p.m. Mark Salvaggio -Chairman City of Bakersfield Water Board Bobbie Zaragoza, Secretary City of Bakersfield Water Board Water Board Meeting February 18, 2004 5. KERN RIVER LEVEE DISTRICT A. No Report Water Board Meeting February 18, 2004 6. REPORTS A. Kern River Operations Report KERN RIVER NATURAL FLOW, REGULATED FLOW, & ISABELLA RESERVOIR STORAGE 2003 - 2004 WATER YEAR 3000 600,000 2608.25 Ft.) 2750 ............................................................... 550,000 2603.91 Ft.) 2500 ......................................................................................................................................................... 500,000 2599.38 Ft.) 2250 ......................................................................................................................................................................... 450,000 2594.62 Ft.)= C3 2000 ..................................................................................................................................................... 400,000 Z 0 2589.60 Ft.)~, .=_ 1750 ................................................................................................................................................ 350,000 ,- ~y 2584.27 Ft.)._O ~a' 1500 .......................................................................................................... .~...- ................. . ................... 300,000 - tu Normal z 2578.53 Ft.)~,~, "1250 Isabella Storage ' O .................................................................................. ~ .............. :; .................... n~-- ·, ~ /~ ~572.24 Ft,) c3 1000 .................................................................................. ~" ~ ..................................................... ~- .....200,000 - ~'- ~ 2003-2004 ~ ._ · ~.~ Isabella Storage .O 750 ............ -- ~- -~-:-? - '~' ~:- .................................................................................................. 150,000 ~ .~- Natural Flow " " ~.~ ' , ~. ~"- ~2~6.63Ft) ~-~ ' ' ' ' - ~ Regulated Flow 2531.65 Ft.) Oct-03 Nov~3 Dec-03 Jan~4 Feb-~ Mar-~ Apr-~ May-~ Jun-04 Jul-~ Aug-~ Sep-04 02-1 ISABELLA RESERVOIR DALLY OPERATIONS REPORT $ (All readings are for date of report (THURSDAY) as of 0001, except as noted.., cfs in italics) Date of Report: February 12, 2004 ISABELLA RESERVOIR 1 2557.45 Lake Elevation (ft.) 152822 Storage (AcFt) +111 Change (AcFt) 322 Inflow to Isabella (cfs) 2 568075 Storage Capacity 27% % of Capacity 167211 Normal Storage 91% % of Normal Storage For this Date 3 5584 Average Lake Area (Acres) 7448 Inflow (Month AcFt) 5651 Outflow (Month AcFt) 4 270 North Fork Mean ' 287 North Fork @ 0600 Hours 69628 Accumulative Inflow (2004 WaterYear) 5 263 Mean Outflow 246 Borel Canal 17 Main Dam Outlet 82027 Accum. Outflow (WY) 6 270 Outflow @ 0600 253 Borel Canal @ 0600 Hours 17 Main Dam Outlet @ 0600 Hours Hours 7 3 Lake Evap. (cfs) 0.02 Inches Evap. for24 Hours 244 Lake Evap. (Month AcFt to Date) 8 0 Spillway Discharge for 24 Hours PRECIPITATION AND TEMPERATURE 9 0.00 Inches of Precipitation at Isabella for 24 Hours 0.64 Inches of Precipitation at Isabella for Month 4.66 Seasonal Precip. Isabella 6.15 Normal for 76% Isabella Precip. (Season: Oct 1 through Sep 30) this Date % of Normal 11 0.00 Inches of Precipitation at Pascoe for 24 Hours 2.20 Inches of Precipitation at Pascoe for Month 12 18.40 Seasonal Precip. Pascoe 21.01 Normal for 88% Pascoe Precip. this Date % of Normal 13 13.1 Upper Tyndall Creek 23.7 Pascoe 18.8 Wet Meadow 14 61 Isabella Maximum Temperature 1.58 Isabella Max. Precip. on Record For this Date 1986 Year of Occurrence 15 32 Isabella Minimum Temperature 53 24 HourWind Movement (Miles) NATURAL RIVER FLOW 16 340 Natural Flow (cfs) 7931 Natural Flow (Month to Date) 30704 2004 Jan-Mar Runoff 17 710 Mean Flow 48% Natural Flow 560 Median Flow 61% Natural Flow For this Date in % of Mean For this Date in % of Median 18 3394 Max. on Record 165 Min. on Record 72765 Accum. Natural Flow (Water Year) 19 1916 Year of Occurrence 1991 Year of Occurrence 20 287 First Point Flow 6134 First Point (Month to Date) 85194 Accum. First Point (Water Year) KERN RIVER FACTS & FIGURES: . th/s date/n 1986, 1.58"of precipitation was recordedatlsabella Dam, signaling the s A K E R S F I E ~ beginning of eight consecutive days of rainfall. The February 12-20, 1986 storm period produced 3.30" of precipitation at Isabella and 12.8" at Pascoe pillow (elev. 9150'). The Produced by CiO/of Bakersfield State forecast of April-July inflow to Isabella increased from 320, 000 AcFt (71% of normal) Water Resources as of February 1st to 700,000 AcFt (155% of normal) as of March 1, 1986. (661) 326-3715 KERN RIVER BASIN SNOWPACK ACCUMULATION EIGHT SENSOR INDEX February 12, 2004 40.0 I 1997-1998 ' 242% A-J 35.0 , 1996-1997 I 122% A-J 30.0 · -' 25.0 .c Average ~ 100% of April 1 Average - ~/ , · 20.0 ° [ ' 0 2001-2002 ', ~ 46% ^-J 1999-2000 -~ 2003-2004 , 65% A-J ~ 15.o 2002-2003 , , 70% A-J , 10.0 1998-1999 -- x~ 2000-2001 I , 54% A-J ', 53% A-J 5.0 ' 0.0 November December January February March April Snowpack Accumulation Season CITY OF BAKERSFIELD WA TER RESOURCES DEPARTMENT B120 (02/09/04 0917) Department of Water Resources California Cooperative Snow Surveys Feb 1, 2004 FORECAST OF UNIMPAIRED RUNOFF (in thousands of acre-feet) April-July Forecast April Percent 80% thru of Probability July Average Range NORTH COAST Trinity River at Lewiston Lake 730 111% Scott River near Fort Jones 190 95% SACRAMENTO RIVER Sacramento River above Shasta Lake 320 107% McCloud River above Shasta Lake 400 100% Pit River above Shasta Lake 1000 92% Total inflow to Shasta Lake 1760 95% 1200 - 2660 Sacramento River above Bend Bridge 2350 93% 1470 - 3670 Feather River at Oroville 1700 91% 1100 - 2860 Yuba River at Smartville 980 94% 590 - 1640 American River below Folsom Lake 1170 91% 670 - 2070 SAN JOAQUIN RIVER Cosumnes River at Michigan Bar 110 85% 50 - 240 Mokelumne River inflow to Pardee 440 94% 300 - 710 Stanislaus River below Goodwin Res. 660 92% 430 - 1070 Tuolumne River below La Grange 1140 93% 790 - 1740 Merced River below Merced Falls 550 87% 340 - 900 San Joaquin River inflow to Millerton Lk 1050 83% 650 - 1700 TULARE LAKE Kings River below Pine Flat Res. 1080 88% 640 - 1680 Kaweah River below Terminus Res. 240 83% 130 - 425 Tule River below Lake Success 46 71% 22 - 106 Kern River inflow to Lake Isabella 340 72% 160 - 700 NORTH LAHONTAN Truckee River,Tahoe to Farad accretions 220 81% Lake Tahoe Rise, in feet 1.1 76% West Carson River at Woodfords 50 90% East Carson River near Gardnerville 160 84% West Walker River below Little Walker 140 91% East Walker River near Bridgeport 55 84% Water-Year Forecast and Monthly Distribution Oct Aug Water 80% thru Feb Mar Apr May Jun Jul & Yea~ Probability Jan Sep Range Inflow to Shasta 1810 820 920 700 520 310 230 425 5735 4380 - 7950 Sacramento, Bend 2940 1060 1200 890 730 420 310 530 8080 6080 - 11310 Feather, Oroville 890 550 690 720 580 270 130 190 4020 2850 - 6000 Yuba, Smartville 380 260 320 380 400 165 35 40 1980 1420 - 2980 American, Folsom 300 270 360 440 525 170 35 20 2120 1380 - 3310 Cosumnes, Mich. Bar 38 25 45 65 33 10 2 2 220 130 - 355 Mokelumne, Pardee 60 55 80 120 195 110 15 5 640 450 - 1000 Stanislaus, Gdw. 100 55 100 205 280 140 35 15 930 670 - 1390 Tuolumne, LaGrange 170 85 150 280 440 340 80 25 1570 1170 - 2420 Merced, McClure 65 50 70 140 230 150 30 15 750 540 - 1200 San Joaquin, Mil. 115 45 85 200 420 310 120 45 1340 880 - 2050 Kings, Pine Flat 100 50 95 200 430 320 130 45 1370 900 - 2160 Kaweah, Terminus 34 25 35 60 110 60 10 6 340 200 - 500 Tule, Success 15 11 16 21 16 7 2 2 90 60 - 140 Kern, Isabella 60 30 45 70 130 100 40 30 505 420 - 900 Notes: 50 year averages are based on years 1951 to 2000. Unimpaired runoff represents the natural water production of a river basin, unaltered by upsteam diversions, storage, or by export or import of water to or from other watersheds. Forecasted runoff assumes median conditions subsequent to the date of forecast. Runoff probability ranges are statistically derived from historical data. The 80% probability range is comprised of the 90% exceedence level value and the 10% exceedence level value. The actual runoff should fall within the stated limits eight times out of ten. Water Board Meeting February 18, 2004 7. OLD BUSINESS A. Update on request to Kern County Water Agency for treated water to serve Northwest Bakersfield - For Board Information January 5, 2004 Directors: Florn Core City of Bakersfield, DWR dAN Fred L. Starrh 1000 Buena Vista Road Division 1 Bakersfield, CA 93311 ~' TI '~' OF [~AKERSFIELD ~'."ATEF1 flE,-'.-,"~'..JFICE~ Terry Rogers President Re: Treated Water Capacity Expansion Project Division 2 Peter Frick Division 3 Dear Florn: Michael Radon Division 4 Several years ago the water purveyors of urban Bakersfield submitted letters to Adrienne J. Mathews the Agency requesting expansion of treated water deliveries to the North, East Vice President and Northwestern portions of metropolitan Bakersfield. Pursuant to this request, Division 5 Improvement District No. 4 staff has prepared feasibility studies, analyzed Lawrence P. Oallagher District finances, developed project schedules and drafted contract principles for Division 6 the development of a treated water capacity expansion project. Over the past Gene A. Lundquist year a number of presentations have been made to the Urban Bakersfield Division 7 Advisory Committee (UBAC) describing the findings of the above referenced work. During the November UBAC meeting staff asked the project participants Thomas N. Clark to provide their final decision on whether or not to proceed with the proposed General Manager expansion project by the December UBAC.. To date several of the project participants have not responded to this request. John E Stovall General Counsel In order to proceed with this project, staff is requesting that the project participants have their analysis completed and their final decision on participation in the project ready by the January 12, 2004 UBAC meeting. After the January UBAC meeting, ID4 staff will proceed with the elements of the treated water capacity expansion project for those project participants who have committed to going forward ~vith the project. In the meantime, staff continues to offer any assistance needed by the project participants in order to make their final decision. If you have any questions please call Martin Varga at 634-1448. Sin%erely //9 Eric Averert 661/634-1400 District Manager Improvement District No 4. Mailing Address P.O. Box 58 Bakersfield, CA 93302-0058 Street Address 3200 Rio Mirada Dr. Bakersfield, CA 93308 Water Board Meeting February 18, 2004 7. OLD BUSINESS continued B. Kern River Bike Path Reconstruction and Parkway Signage Dedication - For Board Information Begh~nit~g at the Mouth of Kern Canyon, ~ the K~RNRIVER PARKWAY includes over 6~000 ~c~es of~ails, p~ ~ w~e~s exte~ing over 30 ~s westerly to Hig~ ~e K~ ~R P~AY uses incl~e bi,cling, rollerblading, jog~ng, hiMng ~ horseback riding; canoeing, ~aMng ~e sm~, including p~to~ ~d sig~seeing; fieM sports, fishing, picnicMng, ~imming; and ~ending outdoor cultural events, such as concerts ~d thea~e. remember, the ~ ~R P~A Y is ~ ~olving communi~ resource developed by volunteers, se~ice org~o~, b~inesses ~d individuals li~ yourse~with the ~e of public ~ pr~e ~ts. Plebe enjoy a~ help ~ ta~ c~e of it... ~ C~ss V~ey CanM St~k~le O~ci~ ~ ROT~Y CL~ of B~~LD EAST J~ Water Board Meeting February 18, 2004 8. NEW BUSINESS A. Ditch Eradication Agreement and Pipeline Easement Agreement with Dale G. Scales and Jan R. Scales for Tentative Tract 6175 - For Board Approval and Recommendation to City Council WATER BOARD AGREEMENT NO. AGREEMENT NO. DITCH ERADICATION AGREEMENT AND PIPELINE EASEMENT THIS AGREEMENT is made and entered into on , by and between the CITY OF BAKERSFIELD, a municipal corporation, ("CITY" herein) and DALE G. SCALES and JAN R. SCALES, (joint tenants) ("DEVELOPER" herein). RECITALS WHEREAS, CITY is the owner, and operator of the Kern River Canal & Irrigating Company, which includes the irrigation ditch known as the Beardsley Canal K. R. C. & I. Number Four Ditch Lateral, now existing as an open dirt ditch; and WHEREAS, CITY is owner of a right of way and easement along the North Limits of lot 8 of Tract 4758 (Tentative Tract 6175) of the Beardsley Canal K. R. C. & I. Number Four Ditch Lateral running East - West along the Southerly limits of Snow Road between the East and West limits of that certain real property owned by DALE G. SCALES and JAN R. SCALES husband and wife as joint tenants of said property in the County of Kern, State of California, particularly described as follows: see Exhibit "A," attached hereto and incorporated herein as though fully set forth; and WHEREAS, DEVELOPER desires to fill in and eradicate said open ditch and to substitute a concrete pipeline for said open ditch, of the type and inside diameter hereinafter specified, in and along said easement and right of way, as hereinafter provided; and WHEREAS, CITY is willing to consent to the substitution of an open ditch for a covered pipeline upon the terms and conditions hereinafter set forth. NOW, THEREFORE, incorporating the foregoing recitals herein, CITY and DEVELOPER mutually agree as follows: Ditch Eradication Agreement & Pipeline Easement S:~2004 CONTRACTS\DitchEradicationPipelineEasement SCALES.doc - 2/3/20048:50 AM 1 PERMANENT RIGHT-OF-WAY AND EASEMENT. DEVELOPER does hereby 9rant to CITY the exclusive and permanent right-of-way and easement to construct, install, maintain, alter, repair, improve, reconstruct, enlarge and supplement and to flow and conduct water through a buried pipeline or pipelines over, along and in those certain strips of land in the County of Kern, State of California, owned by DEVELOPER more particularly described on Exhibit "B," attached hereto and incorporated herein as though fully set forth, together with all rights convenient and incidental thereto, including the right of ingress to and egress from said strip of land over and across said real property of DEVELOPER, and DEVELOPER covenants, and agrees that no building or other structures shall be constructed and no trees, vines, or Shrubs of over 25' at maturity shall be planted upon said right of way and easement. DEVELOPER covenants and warrants that DEVELOPER has a fee ownership in said real property described in Exhibit "B," and has the power, authority and legal ability to transfer the interest in real property to CITY as set forth herein. DEVELOPER agrees, at its own expense, to procure an Easement Guarantee Policy of title insurance in the amount of Four Thousand Five Hundred Dollars ($4,500.00) from a reputable title insurance company acceptable to CITY, insuring that the right-of-way and easement herein granted is vested in CITY free and clear of all liens and encumbrances excepting only those matters waived in writing, if any, by CITY. CONSTRUCTION. DEVELOPER agrees to construct and install along the centerline of said right-of-way and easement set forth in Exhibit "B" a thirty inch (36") inside diameter reinforced concrete irrigation pipeline. Said pipeline shall be of the quality and on the grade and installed in the manner to be designated and approved in writing by CITY. Engineering plans for construction shall be approved by CITY, and such plans shall be incorporated in this Agreement as if fully set forth. Said construction and installation work shall be done at a time that will not interfere with the flow or distribution of water through the present Number Four ditch as required by CITY. DEVELOPER shall pay the entire cost of laying, constructing and installing said pipeline or pipelines, inlets, outlets, and other structures required by CITY, including the costs of all labor and materials incurred or used in connection with the installation, trenching, backfilling, leveling and testing the same, and the cost of all engineering, professional and other necessary services furnished by DEVELOPER, or others in connection therewith. DEVELOPER shall provide to CITY, a labor and materials bond and a performance bond equal in value to the engineer's estimate of the total cost of the project, in a form suitable to CITY, to protect CITY against defaults by DEVELOPER. Ditch Eradication Agreement & Pipeline Easement S:~2004 CONTRACTS\DitchEradicationPipelineEasement SCALES.doc - 213120048:50 AM 2 DEVELOPER agrees to commence the construction and installation of said pipeline or pipelines and structures and complete same within a reasonable time. DEVELOPER shall, once construction has begun, prosecute same diligently until completion. At no time shall construction interfere with the flow or distribution of water through the present ditch. CITY shall have the right to inspect DEVELOPER's work to insure conformance with plans and specifications and the terms of this Agreement, and DEVELOPER agrees to pay all costs of inspection by CITY including without limitation fees charged for inspection services by outside consultants or inspectors. DEVELOPER agrees that, upon completion of construction and installation of said pipeline or pipelines, inlets, outlets and other structures, the same shall become and remain the property of CITY, and DEVELOPER shall have no right, title or interest therein, and CITY shall be in the sole and absolute control, of the manner, method and time of conducting and discharging water through said pipeline or pipelines and facilities; and the nature and extent of CITY's right of way and easement Shall be in no manner diminished or restricted by the construction of said pipeline by DEVELOPER. DEVELOPER shall, at the completion of construction, quitclaim all of DEVELOPER's right, title and interest in the pipeline to CITY. DEVELOPER agrees to keep and maintain said pipeline or pipelines, and the inlets, outlets and other structures thereon, in good operating condition and repair for a period of one year after the completion of construction and acceptance thereof by CITY, and to pay all costs of such repairs and maintenance and of any replacement of any part thereof required to maintain said pipeline or pipelines and structures in good operating condition. DEVELOPER agrees that, in the event DEVELOPER fails, neglects or refuses to repair, maintain or replace promptly, upon demand any part of said pipeline, or the structures connected therewith, during said period of one year, CITY shall have the right, but shall not be required, to make all such repairs or replacements, and DEVELOPER does hereby agree to repay CITY the cost of any such repairs or replacements made by CITY upon demand, with the interest at twelve percent (12%) per annum from the date such cost is incurred to the date of repayment by DEVELOPER. Upon full performance of this Agreement by DEVELOPER, and the acceptance of said pipeline or pipelines and other structures by CITY, CITY agrees to abandon that portion of its present open ditch and right of way therefor which will be replaced by said pipeline or pipelines and the right of way and easement herein granted. CITY agrees to quitclaim to DEVELOPER all prior easements of record. ASSIGNMENT. Neither this Agreement, nor any interest in it, may be assigned or transferred by any party without the prior written consent of all the parties. Any such assignment will be subject to such terms and conditions as CITY may choose to impose. Ditch Eradication Agreement & Pipeline Easement S:\2004 CONTRACTS\DitchEradicationPipelineEasement SCALES.doc - 2/3/20048:50 AM 3 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 assigns. WITH ALL LAWS. DEVELOPER shall, at DEVELOPER's .". COMPLIANCE sole cost, comply with all of the requirements of Municipal, State, and Federal authorities now in force, or which may hereafter be in force, pertaining to this Agreement, and shall faithfully observe in all activities relating to or growing out of this Agreement all Municipal ordinances and State and Federal statutes, rules or regulations, and permitting requirements now in force or which may hereafter be in force including, without limitation, obtaining a City of Bakersfield business tax certificate (Bakersfield Municipal Code Chapter 5.02) where required. CORPORATE AUTHORITY. Each individual signing this Agreement on behalf of entities represent and warrant that they are, respectively, duly authorized to sign on behalf of the entities and to bind the entities fully to each and all of the obligations set forth in this Agreement. COUNTERPARTS. This Agreement may be executed simultaneously or in one or more counterparts, each of which shall be deemed an original but all of which together constitute one and the same instrument. DEFAULT. In the event of default by the Developer in completion of the project within 30 working days or in the non performance of any other term or condition :. of this agreement the easements set forth herein shall immediately terminate upon notice from City, and Developer shall have no right or interest in the property .., whatsoever. Developer shall clear all construction work, equipment and improvements ~ from the property and return property to its original condition all at Developers' sole expense. In the event of default Developer shall pay to City all costs incurred by City in this transaction including staff costs and reasonable attorney's fees and court costs. 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. 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. FURTHER ASSURANCES. Each party shall execute and deliver such papers, documents, and instruments, and perform such acts as are necessary or appropriate, to implement the terms of this Agreement and the intent of the parties to this Agreement. Ditch Eradication Agreement & Pipeline Easement S:~004 CONTRACTS\DitchEradicationPipelineEasement SCALES.doc - 213120048:50 AM 4 GOVERNING LAW. The laws of the State of California will govern the validity of this Agreement, its interpretation and performance. Any litigation arising in any way from this Agreement shall be brought in Kern County, California. INDEMNITY. DEVELOPER 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 out of, connected with, or caused by DEVELOPER, DEVELOPER's employees, agents, independent contractors, companies, or subcontractors 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 CITY's sole active negligence or willful misconduct. INDEPENDENT CONTRACTOR. This Agreement calls for the performance of the services of DEVELOPER as an independent contractor. DEVELOPER 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 DEVELOPER other than that of an independent contractor. INSURANCE. In addition to any other insurance or bond required under this Agreement, the DEVELOPER shall procure and maintain for the duration of this Agreement the following types and limits of insurance ("basic insurance requirements" herein): 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: 1. Provide coverage for owned, non-owned and hired autos. 2. Contain an additional insured endorsement in favor of the CITY, its mayor, council, officers, agents and employees. Broad form commercial _cleneral liability insurance, ISO form CG00 01 11 85 or 88 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: 1. Provide contractual liability coverage for the terms of this Agreement. 2. .Contain an additional insured endorsement in favor of the CITY, its mayor, council, officers, agents, employees and designated volunteers. Ditch Eradication Agreement & Pipeline Easement S:~004 CONTRACTS\DitchEradicationPipelineEasement SCALES.doc - 2/3/20048:50 AM 5 Workers' compensation insurance with statutory limits and employer's liability insurance with limits of not less than One Million Dollars ($1,000,000) per occurrence; and the policy shall contain a waiver of subrogation and additional insured endorsement in favor of the CITY, its mayor, council, officers, agents, employees and designated volunteers. All policies required of the DEVELOPER shall be primary insurance as to the CITY, its mayor, council, officers, agents, employees, or designated volunteers and any insurance or self-insurance maintained by the CITY, its mayor, council, officers, agents, employees, and designated volunteers shall be excess of the DEVELOPER's insurance and shall not contribute with it. Additional insured endorsement shall use ISO form CG20 10 11 85 (in no event with an edition date later than 1990). Except for workers' compensation, 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 the CITY in writing. All policies shall contain an endorsement providing the CITY with thirty (30) days written notice of cancellation or material change in policy language or terms. All policies shall provide that there shall be continuing liability thereon, notwithstanding any recovery on any policy. Copies of policies shall be delivered to CITY on demand. 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 the CITY. The DEVELOPER' shall furnish the City Risk Manager with a certificate of insurance and required endorsements evidencing the insurance required. The CITY may withdraw its offer of contract or cancel this contract if certificates of insurance and endorsements required have not been provided prior to the execution of this Agreement. Full compensation for all premiums which the DEVELOPER is required to pay on all the insurance described herein shall be considered as included in the prices paid for the various items of work to be performed under the Agreement, and no additional allowance will be made therefor or for additional premiums which may be required by extensions of the policies of insurance. It is further understood and agreed by the DEVELOPER that its liability to the CITY shall not in any way be limited to or affected by the amount of insurance obtained and carried by the DEVELOPER in connection with this Agreement. Unless otherwise approved by the 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 the CITY has approved lesser insurance requirements for DEVELOPER. Ditch Eradication Agreement & Pipeline Easement S:\2004 CONTRACTS\DitchEradicationPipelineEasement SCALES.doc - 2/3/20048:50 AM 6 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. NO WAIVER OF DEFAULT. The failure of any party to enforce against another party any 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. 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 City Hall 1501 Truxtun Avenue Bakersfield, California, 93301 DEVELOPER: DALE G. SCALES and JAN R. SCALES 5417 Patton way Bakersfield, California, 93308 TAX NUMBERS. "DEVELOPER's" Federal Tax Identification No. c.~ ~'~ ~' z//~'~' 00~"'~-" "DEVELOPER" is a corporation? Yes No .z/, (Please che~ o'"~e) TITLE TO DOCUMENTS. All documents, plans, and drawings, maps, photographs, and other papers, or copies thereof prepared by DEVELOPER pursuant to the terms of this Agreement, shall, upon preparation, become the property of the CITY. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed, the day and year first-above written. "CITY .... DEVELOPER" CITY OF BAKERSFIELD DALE G.,S'~ALES and JAN, R.SCALES HARVEY L. HALL '- I~A'-/EE ~. ~CA"LES Mayor J~- RTS'CAE"E S More signatures on the following page Ditch Eradication Agreement & Pipeline Easement S:~004 CONTRACTS\DitchEradicationPipelineEasement SCALES.doc - 2/3/20048:50 AM 7 APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney ' By: ALAN D. DANIEL Deputy City Attorney Insurance: APPROVED AS TO CONTENT: WATER RESOURCES DEPARTMENT By: FLORN CORE Acting Water Resources Manager COUNTERSIGNED: By: GREGORY KLIMKO Finance Director Attachments: Exhibit "A" and Exhibit "B" Ditch Eradication Agreement & Pipeline Easement S:~2004 CONTRACTS\DitchEradicationPipelineEasement SCALES.doc - 2~3~20048:50 AM 8 I 36~-0l NI/2 OF SEC. g T.~33S. R. 27E. SCHOOL DIST, 99-7 99-8 ~ 99-/299-/699-/899-20 99-2/99z72 99~6 99-3/ 99-$2 __~+1 -; SN~' , ~, ,~' m64AC 3997I TRAC 7' I AVE (~M~ 4 758 I cq ob TRACT TRA 07' ~ j NOAH AVE /5 ! (~_2~_ TRACT T R ~ C r I ~,~.~ ~ 3695 ~02~ 2 SO I , ~1' ~'~ ' ' ~.~ ~ [ ] ] ' ' I .:..,, ~-~ I r ''"" --' ' '"'"" '." COUNTY OF KERN EXHIBIT A :"'~"'::' .... '"- = : 'rr ~ {r ." .'..:..'~¢¢'1~ :,"'--'~ .......... _~.__ ,.__ _->__ =.,c,_ _._ _, .............. ~-~-~.,~- :-~..~-~ ?-% ...... ,' .... . ........... SNOW ROAD ..... , ......... ._ : ...... [ ........................... ! ............................ : ......................... 5 ........... ~s~ m~~o . u,r r~o~ra ................................. : ......................... ........... -~ ....................... ~ ............................................................... -i- .............................. ~' =-4~'--'& ............ ~ .................. ~-~F.'- ~!:-'"'~ ...................... ................ ~----~ ................. ~ ...... ~- ...... :- ............. ? .......... '~:'{ -'~ ....... ~,¢-*- ........ -: ~ ..... ~ ....... : ................. -3?' = '- = .................. ' ....... - ~ ................................... .................... ~:~- ......................... ! ..... --~-- ............. 402 L :' : ! .~ ! __ _. ......... ; ................... L ......... -. ..................... --- ~i ......... '{ ..................... · ~ ......... ~: ............. ~ ................. ~-~ ........... i- ' ~----~ ......... [ ...... ; .......... % ...... Z ...... L .............. ~ ........ L ............................... ~ ........ ; .......................... L ...... ; .................................... ~AOT NO. 6175 Pipeline Easement Beardsley Canal Lateral Legal Description Being a portion of Lot 8 of Section 9, Township 29 South, Range 27 East, Mount Diablo Base and Meridian, as shown on the Sales Map of Kern County Land Company, filed in the Office of the Kern County Recorder; also being a portion of the Northwest Quarter of the Northwest Quarter of said Section 9, in the County of Kern, State of California, more particularly described as follows: Commencing at the Northeast corner of said Lot 8, said Northeast corner also being the Northwest corner Tract No. 4758, filed in Book 35 of Maps, at Pages 13-15 in the Office of the Kern County Recorder and evidenced by a concrete monument tagged RCE 15331; Thence South 00°07'31'' West, along the East line of said Lot 8 and the West line of said Tract' No. 4758, a distance of 55.00 feet to the True Point of Beginning; Thence 1) South 00°07'31'' West, along said East line of Lot 8 and said West line of Tract No. 4758, a distance of 15.00 feet; Thence 2) South 89°08'52'' West, departing said East line of Lot 8 and said West line of Tract No. 4758, a distance of 253.44 feet; Thence 3) North 89043'20'' West, a distance of 325.87 feet; Thence 4) North 45°12'02" East, a distance of 21.18 feet; Thence 5) South 89°43'20'' East, a distance of 310.76 feet; Thence 6) North 89°08'52'' East, a distance of 253.55 feet, to the True Point of Beginning. CONTAINING: 8,577 Square Feet More or Less. EXHIBIT B BEIN¢ A PORTION OF' LOT 8 OF' 5~CTION g, TOV4VSHIP 2g SOUTH, RANGE 27 EAST, MOUNT DIABLO BASE AND tlET?IDIAN, AS SHOF4V ON THE SALE'S MAP OF ~ COUNTY LAND COMPANY, FILED IN THE OFFICE OF THE KERN COUNTY RECORDE~;, ALSO 8EIN~ A PORllON OF ll-lE NORTHlY'ST OUARTE~ OF THE NORTHWEST OUARTER OF SAID SECTION 9, IN THE COUNTY OF KERN, STATE OF C~FORNIA. / FOR ~ COR. SEC ~ I ~ 21.18,~~ S89'43'20'E 310.76 ~ ~ N89~8'52 E 253.55 ~': 15.00", gl I I 'l'' / N89'43'20'W 325.87' ~ ~ S89~8'52'W 253.~' II TE~TIVE T~ NO. 6175 PIPELINE EASEMENT EXHIBIT B 8,577 SQ. ,~oo? 4999 :~/[ 414 --.- MA!L TO, Cf'l~' CI FT~,K'S OFFICE "--' Ci',' I:/,!L Recol~ttd Ry ~'t ~'.. ;,,;.r ' '..,':~i.. ~ ' :l. ~.0 : t. ' 1~1 T': .: ".'! ~VE;~U~ SPAC ~ag requested by and fo~ GRANTS to ~he CITY OF BAXERSFIZLD, s muniell~! corporet~o~ subject to a cond~- tfon subaeque~, a~ eas~nent ~o~ c~rml purposes only, ove~, in and upon that Cal~ornfa, more par.~fcu~ly described In gxh~bi~ A at'cached hereto and hereby made a pert hereof. I~CCEPTI~C A~ RESERVING to thc unrestricted z~ght o~ access to cress over said real ~ro~er~.¥ fo~ Shy and all purpoae~ deemed assigns; prov~ed, however, that Grantor, or f~o successors and assigns, shall exercise such r~erved right ~n s ,,~b~e~ ~hich wLL'. not unrea- sonably L~.erfere with Grsnt~e's use of said r~al property and its improvements thereon, and p?ovtded '£u~ther that any structures neces- sax~ly constructed for the purposes of such access at th~ sole cost and expe~e of 6rsntor, or its successors or assf4~ns, omi to sl~cificatimm approved by Grsntee, which all,oval sh~ll not be u~essonably wit~h~ld. AS ~ MA?ERIAL PART OF THE CONSIDERA?ION laid or payable by Grsn~ee to Grantor for the ca~! easement he~ein grunted, Gren~ee ~ep~esents ami warrants that said eases~nt is bein~ aC~lu~ed and sh~ll be used flor the sole and exclusive purpose of operet~J~ and m~utsinin~ upon said ~eal propex-~y a canal flor the tx~nspox'~..aticn off water, and ~n ~h~r~ o~ ach represen~tion and warranty, Grantor hereby EXCEPTS AND RESF~ to itself, its successors end assigns, a right of reentry to recover title to and reev~e~ upon and take erst hold possession of the rea~ property encumbered by this easement of any pa~ thereo£ free of the effect of th/s ~rent of ess~ent, if and when and to the exten~ that said real propers/ or any pa~t thereof she// have ccased flor a pericd off five (5) years ~o be operated and matnta/Jled for canal purposes; and such r/~ht of l~eentry and recovery of title, free of the effect of this g-'~nt of assonant, and its reveating .~n C~antor, or its successor or assign, is hereby authorized by Grantee to be effected by the recordation in the office of the County Recorder of said Kern County of s unilateral instrument executed by Granto~, or its successor or assign, reciting la) the names of Creator and Grantee, [b) a reference to the date and place o£ retaliation of this grant o~ eas~,ent, (c) The date of cessation of operation and m~te~e of the canal of ~he Ga~ or parts thereof to which such right o? reentry und recovery of title is to be of said real property ~r the relevant par~ or riEht oF reentry and recovery of title shall apply, and (e) a st~ement to the effect that such instrume~t is recorded pursuant contained in this grant afl ess~ent. IN %/ITN. ESS ~][E~EOF. Grento~ has executed this Grant of Easement executed its rttification o." the condition subsequent hereinabove contsihed · of this ~$--~ day of December, 1976. ~0 ~EST, II:C. CONDITION SUDSL~LI[I~r P~TIFIED: ¥t d .:... / -- ' -":'."'L' _ ,-, - s ~..:..-: ..'..~. ~"..'3" · ..-,?,:~... ~ ~.....' ' EXHIBIT B "' ' .... · soo~4999 r~ 415 ~ ~c~[23t 1976 ~ ~eco Wemt, Inc. ~0, 1976 ' 't.~/~~' ~,~; ~YO~ ~ ~ ~ ~ s~.4999 ~,..~ 416 Thoee eertmtn otrtpe oF Xend nme occupied by tim BeardsXey ConoX ove~ nM upon port:~onm of Sm~t:tonn 3, 7, 9 and XO, Townehlp 29 South, bnge 23 bat, Mount DbbXo lqarldian, deecrt~ed ms foZXmee: Commme~ng at the point or* d~veruZon oF se~d Beardeley Cortex w~th tbu Ke~n l~tver, end ~,~Tm~nat~ng o1: the weo~ ].the ~r said. SeetA~n 9; and eoanene~ng ~t8o et the eoet Xtne of eom 8eetlon 7 end running thence 8outh~cste~ly to the east r~ght or* ~ry X~ne o£ Xz~o Stx~et; exc~pttng thereFnxs ~y ~ortJon o~ Mid zett property not nov ouned or' record by GmntoF. ~he or,po o£ Xand hezqJnabove desk,bed ~ be oF the m~blm vidth pzl~t:l~abXe £oF the opemt~)n and a~lntenon~e or' ~lAd BeJXYIsXey ConoX. EXIIIDIT A Water Board Meeting February 18, 2004 8. NEW BUSINESS continued B. City of Bakersfield Domestic Water Division 2004-05 Rate Schedule - For Board Information City of Bakersfield Water Resources Department Domestic Water Division Ashe, Fairhaven and Rivedakes Ranch Service Areas Schedule of Rates General Metered Service Current Rates Proposed Rates October 1, 2004 Within Fairhaven & Within Fairhaven & City Limits Unincorp- City Limits Unincorp- orated Areas orated Areas Quantit, Rates: First 300,000 cu. ff./month $0.56 $0.71 $0.59 $0.77 Reconnection Fees Collect @ Door $15.00 (per 100 cu. ft./month) All over 300,000 cu. ff./month $0.51 $0.65 $0.54 $0.70 :[econnection $25.00 After Hours $65.00 (per 100 cu. ft./month) Cage & Lock $30.00 NSF $10.00 Monthly Readiness-To-Serve Charge: 5/8"x 3/4" Service $7.95 $10.33 $8.90 $11.58 1" Service $12.11 $15.74 $'13.56 $17.63 1-1/2" Service $18.47 $24.01 $20.69 $26.89 2" Service $25.15 $32.70 $28.17 $36.62 3" Service $46.47 $60.41 $52.05 $67.66 4,, Service $67.55 $87.82 $75.66 $98.35 6" Service $121.40 $157.83 $135.97 $176.76 8" Service $186.62 $242.60 $209.0 '1 $271.72 10" Service $257.23 $334.40 $288.10 $374.53 --~ .~~~ Monthly Private Fire Protection Service Charge: 1_1/2" Connection $7.26 $8.15 $8.40 $'0.92 ~~~, ~" Connection $9.68 $10.90 $11.20 $14.56 3,, Connection $14.52 $16.35 $16.80 $21.84 ~" Connection $19.36 $21.80 $22.40 $29.12 6" Connection $29.03 $32.45 $33.59 $43.66 8" Connection $38.71 $43.60 $44.79 $58.22 ~0" Connection $48.39 $54.25 $55.99 $72.78 i2" Connection $58.07 $65.15 $67.19 $87.34 "~Monthly Readiness-To-Serve Charge" is applied to all services and a.y quantity of water used is an additional charge computed at the quantity rate. Conditions of service remain the same. S:RATESHEET2004 Water Board Meeting February 18, 2004 11. CLOSED SESSION A. None