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HomeMy WebLinkAbout07/14/03City of Bakersfield Water Board Speeial Meeting of July 14, 2003 File Copy CITY OF ..~;" ~,~._. ~_~. WATER BOARD Mark C. Salvaggio, Chair ,~,,;..~ ' -~ David Couch, Vice Chair · ~ i~l Harold Hanson ~ ~ NOTICE OF SPECIAL MEETING OF THE CITY OF BAKERSFIELD - WATER BOARD Notice is hereby given that the regular meeting of the City of Bakersfield Water Board scheduled for Wednesday, July 16, 2003 at 4:30 p.m. has been cancelled. Notice is also hereby given that a Special Meeting will be held on Monday, July 14,. 2003 at 4:30 p.m. in the Water Resources Building Conference Room, at 1000 Buena Vista Road, Bakersfield, CA 93311 AGENDA 1. CALL MEETING TO ORDER 2. ROLL CALL 3. MINUTES A. Minutes of the May 16, 2003 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 8. NEW BUSINESS A. Kern River Parkway Signage - For Board Review and Action B. Reimbursement Agreement with California Water Service Co. for facilities modification at Kern River Intake Pumping Plant- For Board Approval 1000 BUENA VISTA ROAD · BAKERSFIELD, CALIFORNIA 93311 · (661) 326-3715 WATER BOARD NOTICE/AGENDA PAGE 2 JULY 14, 2003 8. NEW BUSINESS continued C. Domestic Water Service Mainline Extension Agreement Refund Re-assignments For Board Approval D. "Friends of the River Organization" Council Referral No. Ref000535- For Board Review and Approval 9. MISCELLANEOUS 10. WATER BOARD STATEMENTS 11. CLOSED SESSION A. Conference with Legal Counsel- Existing Litigation: Closed Session Pursuant to Government Code Section 54956.9(A) City of Bakersfield vs. Kern Delta Water District, Kern County Superior Court Case No. 250283-RDR. B. Conference with Legal Counsel - Existing Litigation Closed Session Pursuant to Government Code Section 54956.9(A) North Kern Water Storage District vs. Kern Delta Water District, et al, Tulare County Superior Court Case No. 96-172919. 12. CLOSED SESSION ACTION 13. ADJOURNMENT ~~~____~ Gene[Sogart \ Wate~ ResourCes Manager POSTED: July 11~ 2003 S:\WB MINUTES 2003\WBAGENDAJulyl603.doc 3. MINUTES A. .Minutes of the May 16, 2003 Meeting for approval- For Board Review and Action MINUTES OF THE REGULAR MEETING OF THE WATER BOARD - CITY OF BAKERSFIELD WEDNESDAY, MAY 21,2003 - 4:00 p.m. Water Resources Building Conference Room 1000 Buena Vista Road, Bakersfield, CA 93311 1. CALL MEETING TO ORDER The meeting was called to order by Vice-Chairman Couch at 4:00 p.m. 2. ROLL CALL Present: Vice-Chairman Couch, Member Hanson Absent: Chairman Salvaggio 3. MINUTES A. Minutes of the March 19, 2003 Special Meeting for approval. Motion by Couch to approve the minutes. APPROVED. Salvaggio absent. 4. PUBLIC STATEMENTS None. 5. KERN RIVER LEVEE DISTRICT A. Reimbursement Agreement with Castle & Cooke, Inc. for Ming Avenue River Levee Extension. Fl°rn Core, Water Resources Director, stated this agreement will allow Castle & Cooke to extend the Kern River Levee, west of South Allen Road to the City's 2800 Acres. The City will reimburse Castle & Cooke $37,000 for the earth moving portion of the levee construction. Motion by Hanson to approve Reimbursement Agreement (No. 03-13 W.B.). APPROVED. Salvaggio absent. 6. REPORTS A. Kern River Operations Report Steve Lafond, Hydrographic Supervisor, gave a brief update and stated we are looking at a full wet river channel between Memorial Day and Labor Day this year, using 30,000 acre feet of Kern River and State Project water throughout the summer. No action taken. Bakersfield, California, May 21,2003- Page 2 7. OLD BUSINESS A. Update on request to Kern County Water Agency for treated water to serve Northwest Bakersfield. Florn Core, Water Resources Director, stated the plans for the pipeline are nearly completed and the next step is negotiations of contracts for delivery of the water. No action taken. B. Extension of Oilfield Wastewater.Disposal Contracts with Chevron/Texaco. Florn Core, Water Resources Director, stated Chevron Texaco requested additional time to legally complete the merge of the two companies. This will not affect the water quality or water monitoring requirements of the combined companies for the water discharged into the Beardsley Canal. Motion by Couch to approve the contract. APPROVED. Salvaggio absent. 8. NEW BUSINESS A. Electrical Demand Reduction Program Participation. Florn Core, Water Resources Director, stated an aggregator contracts through the state and will do shut downs during peak periods of electricity shortages. Last year their payment to the City was around $13,000 per mega watt hour per month and that payment was received whether there was a shut down or not, basically a stand by charge. This money offsets the power costs for the operation of running the 2800 Acres wells. Motion by Hanson to approve the agreement (No. 03-14 W.B.) subject to review and approval by the City Attorney. APPROVED. Salvaggio absent. B. Agreement with California Department of Transportation to Re-locate Water Facilities on Rosedale Highway. Florn Core, Water Resources Director, stated Cai Trans has requested the City relocate some water main facilities located within Caltrans right-of-way, at the intersection of Patton'Way and Rosedale Highway. This is a cost sharing agreement and our share is not to exceed $7,000 for relocating the mains. Motion by Hanson to approve the agreement (03-15 W.B.). APPROVED. Salvaggio absent. Bakersfield, California, May 21,2003- page 3 8. NEW BUSINESS C. Sand Removal Agreement with Castle & Cooke, Inc. for 40 acre "Recharge Park" site. Gene Bogart, Water Resources Manager, stated Castle and Cooke wants to start construction of Jewetta Drive extension from the Rosedale Channel to Liberty High School. They will remove sand from the Recharge Park Site located on the north side of the river. Castle & Cooke also needs material to fill in the old Pioneer Canal, north of Stockdale Highway. This project will assist the City at no cost to the City, in creating the recharge ponds at the proper elevation to allow gravity flow water to the recharge ponds. Castle & Cooke estimates the project to be completed by August 1, 2003. Motion by Hanson to approve agreement (No. 03-12 W.B.) APPROVED. Salvaggio absent. D. Acceptance of Bill of Sale and Grant Deed from California Water Service Company for facilities related to the Northeast Bakersfield Water Supply Project Florn Core, Water Resources Director, stated the City was involved with Cai Water in implementing and constructing the Northeast Bakersfield Water Supply Project which included a pumping station and reservoirs located on the river. This document transfers ownership of certain facilities on those sites to the City bf Bakersfield. We are reimbursing Cai Water for our portion of the construction cost and they are granting ownership of those facilities to us. It does not change the agreement with the County on the use of the property Motion by Couch to accept. APPROVED, Salvaggio absent. 9. MISCELLANEOUS None. 10. WATER BOARD STATEMENTS None. 11. CLOSED SESSION Motion by Couch to recess to Closed Session at 4:40 p.m., APPROVED Salvaggio absent A. Conference with Legal Counsel- Anticipated Litigation: Initiation of Litigation Decision Pursuant to Subdivision (c) of Government Code Section 54956.9 (One Potential Case) Bakersfield, California, May 21,2003- Page 4 11. CLOSED SESSION B. Conference with Legal Counsel - Existing Litigation Closed Session Pursuant to Government Code Section 54956.9(A) North Kern Water Storage District vs. Kern Delta Water District, et al, Tulare County Superior Court Case No. 96-172919. Motion by Couch to adjourn from Closed Session at 6:15p.m., APPROVED, Salvaggio absent. 12. CLOSED SESSION ACTION Alan Daniel, Deputy City Attorney, announced there was no reportable action taken in Closed Session. 13. ADJOURNMENT Motion by Couch to adjourn the meeting at 6:18 p.m., APPROVED. Salvaggio absent David Couch, Vice-Chair City of Bakersfield Water Board Bobbie Zaragoza, Secretary City of Bakersfield Water Board 6. REPORTS A. Kern River Operations Report ~:~ ~ F~g~ ~(~:.~ ~ 'isabella Storage Natural Flow - . ', , 2002-2003 ~,~~[~ ~sabella Storage' '~ ~ .RegUlated Flow 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: July 10, 2003 ISABELLA RESERVOIR 1 2577.34 Lake Elevation (ft.) 290189 Storage (AcFt) -1643 Change (AcFt) 686 Inflowto Isabella (cfs) 2 568075 Storage Capacity 51% % of Capacity 295080 Normal Storage 98% % of Normal Storage For this Date 3 8216 Average Lake Area (Acres) 13436 Inflow (Month AcFt) 24226 Outflow (Month AcFt) 4 623 North Fork Mean 602 North Fork@ 0600 Hours , 514307 Accumulative Inflow (02-03 WY) 5 1344 Mean Outflow 535 Borel Canal 809 Main Dam Outlet 289905 Accum. Outflow (WY) 6 1295 Outflow @ 0600 538 Borel Canal @ 0600 Hours 757 Main Dam Outlet @ 0600 Hours Hours 7 170 Lake Evap. (cfs) 0.64 Inches Evap. for 24 Hours 2834 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 0.00 Inches of Precipitation at Isabella for Month 12.65 Seasonal Precip. Isabella 9.71 Normal for 130% Isabella Precip. (Season: Oct 1 through Sep 30) this Date % of Normal 1 0.00 Inches of Precipitation at Pascoe for 24 Hours 0.00 Inches of Precipitation at Pascoe for Month 2 38.30 Seasonal Precip. Pascoe 34.64 Normal for 111% Pascoe Precip. this Date % of Normal 3 0.0 Upper Tyndall Creek 0.0 Pascoe 0.0 Wet Meadow 4 99 Isabella Maximum Temperature 0.23 Isabella Max. Precip. on Record For this Date 1950 Year of Occurrence 15 62 Isabella Minimum Temperature 73 24 Hour Wind Movement (Miles) NATURAL RIVER FLOW 16 690 Natural Flow (cfs) 13237 Natural Flow (Month to Date) 300714 2003 Apr-Jul Runoff 7 1358 Mean Flow 51% Natural Flow 877 Median Flow 79% Natural Flow For this Date in % of Mean For this Date in % of Median 8 7257 Max. on Record 146 Min. on Record 525490 Accum. Natural Flow (Water Year) 9 1906 Year of Occurrence 1924 Year of Occurrence 20 1295 First Point Flow 24067 First Point (Month to Date) 299680 Accum. First Point (Water Year) - ....~ERN RIVER FACTS & FIGURES: n 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 four-mile section of Borel Canal Produced by City of Bakersfield inside Isabella Lake is becoming exposed and full diversion capabilities into the canal via the auxiliary Water Resources dam are no longer possible. The Borel Canal had been continually inundated since December 6, 1966. (661) 326-3715 7. OLD BUSINESS A. Update on request to Kern County Water Agency for treated water to serve Northwest Bakersfield - For Board Information B A K E R S F I E L D MEMORANDUM July 9, 2003 TO: CITY OF BAKERSFIELD WATER BOARD FROM: FLORN CORE, WATER RESOURCES DIRECTOR SUBJECT: NORTHWEST TREATED WATER FEEDER PIPELINE The Northwest Treated Water Feeder Pipeline project is a pipeline to transmit treated surface water from the Kern County Water Agency's existing water treatment facilities to areas in the northwest portion of the City of Bakersfield where groundwater quality problems persist. The Kern County Water Agency is the lead agency on the project. The participants are the City of Bakersfield Domestic Water System, California Water Service Co. and Vaughn Mutual Water Co. At the July 7, 2003 Kern County Water Agency Improvement District #4 (ID#4) Advisory Committee meeting, the ID#4 staff verbally indicated the plans and specifications for the pipeline project have been completed. The verbal report also indicated the right-of-way and easement procurement for the pipeline is underway and should be completed within two months. The financial'plan for the project is yet to be finalized, however a draft Financial Analysis for Treated Water Capacity Project was circulated among the project participants for review and comment. City staff is in the process of review of this document. The execution of participants or purveyor contracts is yet to be completed. Drafts of the contracts were issued several months ago and ID#4 has yet to revise the draft contracts from comments received from participants. City Water Resources staff will continue to seek timely resolution of these issues and pursue the pipeline project to completion. 8. NEW BUSINESS A. Kern River Parkway Signage- For Board Review and Action Rotary "Centennial Community Project" Rotary's Centennial in 2005. provides a great opportunity for Rotary to join in a global effort to showcase their service projects and enhance awareness of Rotary in the community we serve. Accordingly, Rotary clubs are encouraged to plan, implement and complete a new community project called the "Centennial Community Project" that meets the following criteria: · Fulfill a clearly identifiable community need · Provide a solution that has measurable results · Involve the active participation of Rotarians · Feature a permanent sign, plaque or inscription at the project site identifying both the sponsoring Rotary club and Rotary's centennial In planning Rotary Centennial Community projects, clubs should determine highly visible ways to meet those needs. Construction and renovation of buildings, youth centers, playgrounds, and annual recreational events for the disadvantaged are just a few examples of possible projects. This can be solely a club project, or we can leverage our resources by forming alliances with other local Rotary clubs, organizations and businesses, or partner with our clubs Rotaractors, and Interactors. Registration deadline for Centennial Community Projects is June 30, 2003, and projects should be completed by December, 2004. The goal is for Rotary International to announce that by 23 February 2005 that a minimum of 5,000 communities will be enhanced by Rotary Centennial projects. Projects meeting the above criteria will receive recognition at the 2005 RI Convention and in RI's publications and Web-site. President-Elect Maria Bemtson would like BERC to participate in this Centennial Project and Gary Hoetker has agreed to chair the committee to spearhead the projcct~ililf you have information or ideas that you feel would be worthwhile, please contact Gary Hoetker at 327-2741 or gary.hoetker~farmcreditwest.com. "The only limitation is our imagination ". AGEt, DA Romld Mm. R& Beginning at the Mouth of Kern Canyon, ~ the KERNRIVER PARKWAY includes over 6,000 acres of trails, parks and waterways extending over 30 miles westerly to Interstate HWY 1-5. , The KERN RIVER PARKWAY uses include bicycling, rollerblading, jogging, hiking and horseback riding; canoeing, kayaking and nature study, including photography and sightseeing; field sports, fishing, picnicking, swimming; and attending outdoor cultural events, such as concerts and theatre. remember, the KERN RIVER PARKWAY is for everyone -- ~o~d~e ~ so please enjoy and help us take care of it... THE KERN RIVER PARKWAY FOUNDATION Stockdale Hwy · S B A K E R S F I E L D K E R N C O U N T Y C A L I F O R N I A 8. NEW BUSINESS continued B. Reimbursement Agreement with California Water Service Co. for facilities modification at Kern River Intake Pumping Plant- For Board Approval WATER BOARD AGREEMENT NO. REIMBURSEMENT AGREEMENT THIS AGREEMENT is made and entered into on .., by and between the CITY OF BAKERSFIELD, a Charter city and municipal corporation, ("CITY" herein) and CALIFORNIA WATER SERVICE COMPANY, a California public utility water corporation ("Cai Water" herein). RECITALS WHEREAS, Cai Water has neared completion of the Northeast Bakersfield Water Supply Project Kern River Intake Pumping Station ("facilities") and is desirous of finalizing various design and construction changes on the project; and WHEREAS, Cai Water and CITY are cost sharing the design engineering and construction of the facilities as designated in Agreement No. 01-205; and WHEREAS, CITY and Cai Water have agreed to engineering modifications and changes that will enhance the facilities and provide improved and more efficient operations and monitoring of the facilities; and WHEREAS, CITY desires have a water level monitoring system, provisions for the installation of sand pumps, an increase in the allocation of equipment floor space in the pump building, an upgraded inlet/outlet structure to the reservoirs and associated engineering and inspection costs provided for the facilities. NOW, THEREFORE, incorporating the foregoing recitals herein, CITY and Cai Water mutually agree as follows: 1. DESIGN COST. CITY shall pay Cai Water an amount not to exceed Thirty Three Thousand Five 'Hundred Dollars ($ 33 500.00 ) in construction, inspection and design engineering costs to effect modifications to the facilities as described herein. Said design and inspection costs shall include field survey work, engineering and preparation of construction plans and technical specifications. 2. CONSTRUCTION OF IMPROVEMENTS. Cai Water agrees to construct or have constructed those improvements designated bY CITY and CITY shall pay its above designated share of the costs of modifications. The construction shall consist of: a water level monitoring system for the adjacent reservoirs; sufficient floor space in pump building to accommodate CITY equipment; upgrade the inlet/outlet structure to the reservoir to improve flow characteristics; provide for the installation of sand pumps to control sand flowing into reservoirs. CITY to pay Thirty Three Thousand Five Hundred Dollars ($ 33 500.00 ) upon 100% completion of modifications and filing of Notice of Completion of the Kern River Intake Pumping Station. Said amount shall be considered ~ull compensation for all construction and construction engineering costs incurred by Cai Water. Construction engineering may include, but not necessarily be limited to, construction surveys, construction inspection, material sampling and testing, and administration of the construction contract. Should the construction cost be less than Thirty Three Thousand Five Hundred Dollars ($ ..33,500.00 ), CITY shall only reimburse Cai Water of the actual cost of design, construction and inspection; however, in no event shall CITY be obligated to pay Cai Water an amount in excess of Thirty Three Thousand Five Hundred Dollars ($ 33,500.00 ). 3. NON-INTEREST. No officer or employee of the CITY shall hold any interest this Agreement (California Government Code section 1090). 4. 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. 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. 5. 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. 6. EXHIBITS. In the event of a conflict between the terms, conditions or specifications set forth in this Aqreement 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. 7. 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. 8. 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 Board Attn: Gene Bogart, Water Resources Manager 1000 Buena Vista Road Bakersfield, California, 93311 Cai Water: CALIFORNIA WATER SERVICE CO. 1720 North First Street San Jose, CA 95112-4598 Attention: Michael Rossi, Chief Engineer 9. 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. 10. 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. 11. TIME. Time is of the essence in this Agreement. 12. BINDING EFFECT. The rights and obligations of this Agreement shall inure to the benefit of, and be binding upon, the parties to the contract and their heirs, administrators, executors, personal representatives, successors and assigns, and whenever the context so requires, the masculine gender includes the feminine and neuter, and the singular number includes the plural. This Agreement may be executed in any number of counterparts, each of which shall be considered as an original and be effective as such. 13. 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 14. TAX NUMBERS. "Cai Water's" Federal Tax Identification No. 94-0362795 . "Cai Water" is a corporation? Yes X No ~ (Please check one.) 15. COMPLIANCE WITH ALL LAWS. Cai Water shall, at Cai Water's sole cost, comply with all of the requirements of Municipal, State, and Federal authorities now in force, or which may hereafter be in force, pertaining to this Agreement, and shall faithfully observe in all activities relating to or growing out of this Agreement all Municipal ordinances and State and Federal statutes, rules or regulations, 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. 16. 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. 17. INDEMNITY. Cai Water 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 Cai Water, Cai Water'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 for CITY's sole active negligence or willful misconduct. 18. INSURANCE. Cai Water agrees to maintain the insurance required under Agreement No. 01-205 and said insurance shall apply to this agreement as well as Agreement No. 01-205. 19. ACCOUNTING RECORDS. Cai Water shall maintain accurate accounting records and other written documentation pertaining to all costs incurred in performance of this Agreement. Such records and documentation shall be kept at Cai Water's office during the term of this Agreement, and for a period of three (3) 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. 20. BONDS. Cai Water shall maintain performance and labor and material bonds in the amount of one hundred percent (100%) of the project cost as set forth herein and in a form acceptable to CITY. 21. STARTING WORK. Cai Water shall not begin work until authorized to do so in writing by CITY. No work will be authorized until the contract has been fully executed by Cai Water and CITY. 22. TITLE TO DOCUMENTS. All documents, plans, and drawings, maps, photographs, and other papers, or copies thereof prepared by CITY or Cai Water pursuant to the terms of this Agreement, shall, upon preparation, become or remain 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. SIGNATURES FOLLOW THIS PAGE "CITY .... Cai Water" CITY OF BAKERSFIELD CALIFORNIA WATER SERVICE CO. By:. By: ~_~~~ ~ ~ ~~_~ MARK SALVAGGIO, Chair City of Bakersfield Water Board Title: Vice-President APPROVED AS TO CONTENT: and WATER RESOURCES DEPARTMENT By: Watel~ Resourcets Manager APPROVED AS TO FORM: BART J. THILTGEN City Attorney By: ALAN D. DANIEL Deputy City Attorney COUNTERSIGNED: By:, GREGORY J. KLIMKO Finance Director S:~2003 CONTRACTS\ReimbursementAgrCalWaterNEWSPumpPlant. DOC 8. NEW BUSINESS continued C, Domestic Water Service Mainline Extension Agreement Refund Re-assignments For Board Approval MAINLINE EXTENSION REFUND AGREEMENT CITY OF BAKERSFIELD WATER RESOURCES DEPARTMENT - DOMESTIC WATER The undersigned hereby assigns to: George M. and Barbara M. Rugtiv, Trustees of the Rugtiv Family Trust dated 9/13/89 25526 Adobe Lane Los Altos, CA 94022-4550 all of its right, title and interest in and to the following described Water Extension Agreement: With: City of Bakersfield Dated: 12/15/1994 For Water facilities: 94-04 WB Tract 5675, Phases II & III Amount of deposit: $90,067.00 Balance of deposit: $72,053.56 Number of services: NA Number of hydrants: NA Refund basis: The exclusive right to receive from the City of Bakersfield, on an annual basis, 2 ½ percent of the deposit to install facilities in compliance with Section C(2) of the Main Extension Rule, which is within the General provisions and definitions of said rules. The undersigned warrants that it is the owner(s) of said agreement free and clear of all claims, liens or encumbrances, and agrees to defend and hold the assignee harmless of and from all costs or claims arising out of any violation of this provision. Accepted: Neptune Com/~) ~age5 Dated: (~[[2(.0~ Accepted: George M. and Barbara M. Rugtiv, Trustees of the Rugtiv Family Trust dated 9/13/89 ~ ~,~'7/~...-- Dated: [0l 079 George 1~. Rugtiv/, Tr~ste,~ By: ~-a-,x.~,?;>-~. /~,-~,.~,~'/ Dated: ~'tl~l"'~ Barbara M. Rugtiv, Tm~te"~ae Accepted: City of Bakersfield By: ~.~J~~ Dated: , 71oqOO_g MAINLINE EXTENSION REFUND AGREEMENT CITY OF BAKERSFIELD WATER RESOURCES DEPARTMENT - DOMESTIC WATER The undersigned hereby assigns to: Neptune Company P.O. Box 27170, Scottsdale AZ 85255-0136 all of its right, title and interest in and to the following described Water Extension Agreement: With: City of Bakersfield Dated: 12/15/1994 For Water facilities: 94-04 WB Tract 5675, Phases II & III Amount of deposit: $90,067.00 Balance of deposit: $72,053.56 Number of services: NA Number of hydrants: NA Refund basis: The exclusive right to receive from the City of Bakersfield, on an annual basis, 2 ½ percent of the deposit to install facilities in compliance with Section C(2) of the Main Extension Rule, which is within the General provisions and definitions of said rules. The undersigned warrants that it is the owner(s) of said agreement free and clear of all claims, liens or encumbrances, and agrees to defend and hold the assignee harmless of and from all costs or claims arising out of any violation of this provision. Accepte~k~--h ///~e~DeWaTup, I~ ~By: ~~~ .,~d¢ Dated¢~~ Accepted: · B~: ~~Sguizian, Manager Dated: U/t~ 0~, Accepted: City of Bakersfield By: ~~~ Dated: MAINLINE EXTENSION REFUND AGREEMENT CITY OF BAKERSFIELD WATER RESOURCES DEPARTMENT - DOMESTIC WATER The undersigned hereby assigns to: Neptune Company P.O. Box 27170, Scottsdale AZ 85255-0136 all of its right, title and interest in and to the following described Water Extension Agreement: With: City of Bakersfield Dated: 12/30/1993 For Water facilities: 93-10 WB Tract 5675, Phase I Amount of deposit: $64,774.96 Balance of deposit: $50,200.63 Number of services: NA Number of hydrants: NA Refund basis: The exclusive right to receive from the City of Bakersfield, on an annual basis, 2 ~A percent of the deposit to install facilities in compliance with Section C(2) of the Main Extension Rule, which is within the General provisions and definitions of said rules. The undersigned warrants that it is the owner(s) of said agreement free and clear of all claims, liens or encumbrances, and agrees to defend and hold the assignee harmless of and from all costs or claims arising out of any violation of this provision. Accepted: Th~p, Inc ~Y: (' ~~ ~-~en~sDeW~4''~ Dated:~//~0d/~'~'~ Accepted: ~ Dated: ~' B~re~ Nerguizian, Manager Accepted: City of Bakersfield By: ~~ Dated: MAINLINE EXTENSION REFUND AGREEMENT CITY OF BAKERSFIELD WATER RESOURCES DEPARTMENT - DOMESTIC WATER The undersigned herel~y assigns to: George M. and Barbara M. Rugtiv, Trustees of the Rugtiv Family Trust dated 9/13/89 25526 Adobe Lane Los Altos, CA 94022-4550 all of its right, title and interest in and to the following described Water Extension Agreement: With: City of Bakersfield Dated: 12/30/1993 For Water facilities: 93-10 WB Tract 5675, Phase I Amount of deposit: $64,774.96 Balance of deposit: $50,200.63 Number o f services: NA Number of hydrants: NA Refund basis: The exclusive right to receive from the City of Bakersfield, on an annual basis, 2 ½ percent of the deposit to install facilities in compliance with Section C(2) of the Main Extension Rule, which is within the General provisions and definitions of said rules. The undersigned warrants that it is the owner(s) of said agreement free and clear of all claims, liens, or encumbrances, and agrees to defend and hold the assignee harmless of and from all costs or claims arising out of any violation of this provision. Accepted: Neptune Company Accepted: George M. and Barbara M. Rugtiv, Trustees of the Rugtiv Family Trust dated 9/13/89 B Yc--'-~.('~o~rf~ .-.~n,Yf~.-- Dated: M. R~gtiv,/', Trus~ ' By: ./4~../-,~.,j)C>-,/, ~,..ff,~.- Dated: ' Barbara M. Rugtiv, TmsXte, ed ' Accepted: City of Bakersfield By:.~ Dated: MAINLINE EXTENSION REFUND AGREEMENT CITY OF BAKERSFIELD WATER RESOURCES DEPARTMENT - DOMESTIC WATER The undersigned hereby assigns to: Neptune Company P.O. Box 27170, Scottsdale AZ 85255-0136 all of its right, title and interest in and to the following described Water Extension Agreement: With: City of Bakersfield Dated: 12/30/1992 For Water facilities: 92-13 WB Tract 5573, Phases l&2 Amount of deposit: $51,084.64 Balance of deposit: $38,313.44 Number of services: NA Number of hydrants: NA Refund basis: The exclusive right to receive from the City of Bakersfield, on an annual basis, 2 1/2 percent of the deposit to install facilities in compliance with Section C(2) of the Main Extension Rule, which is within the General provisions and definitions of said rules. The undersigned warrants that it is the owner(s) of said agreement free and clear of all claims, liens or encumbrances, and agrees to defend and hold the assignee harmless of and from all costs or claims arising out of any violation of this provision. Accepted: The DeWalt Group, Inc. Dennis DeWalt, President Accepted: B y:...I~.'~//Z/~ Dated: Brent, BI,erguizian, Manager Accepted: City of Bakersfield By: ~ Dated: MAINLINE EXTENSION REFUND AGREEMENT CITY OF BAKERSFIELD WATER RESOURCES DEPARTMENT - DOMESTIC WATER The undersigned hereby assigns to: George M. and Barbara M. Rugtiv, Trustees of the Rugtiv Family Trust dated 9/13/89 25526 Adobe Lane Los Altos, CA 94022-4550 all of its right, title and interest in and to the following described Water Extension Agreement: With: City of Bakersfield Dated: 12/30/1992 For Water facilities: 92-13 WB Tract 5573, Phases l&2 Amount of deposit: $51,084.64 Balance of deposit: $38,313.44 Number of services: NA Number of hydrants: NA Refund basis: The exclusive right to receive from the City of Bakersfield, on an annual basis, 2 V2 percent of the deposit to install facilities in compliance with Section C(2) of the Main Extension Rule, which is within the General provisions and definitions of said rules. The undersigned warrants that it is the owner(s) of said agreement free and clear of all claims, liens or encumbrances, and agrees to defend and hold the assignee harmless of and from all costs or claims arising out of any violation of this provision. Accepted: Neptune Company By: Dated: Accepted: George M. and Barbara M. Rugtiv, Trustees of the Rugtiv Family T~:ust dated 9/13/89 Barbara M. Rugtiv, TrusteeTM Accepted: City of Bakersfield 8. NEW BUSINESS continued D. "Friends of the River Organization" Council Referral No. Ref000535- For Board Review and Approval 11. CLOSED SESSION A. Conference with Legal Counsel- Existing Litigation: Closed Session Pursuant to Government Code Section 54956.9(A) City of Bakersfield vs. Kern Delta Water District, Kern County Superior Court Case No. 250283-RDR. B. Conference with Legal Counsel - Existing Litigation Closed Session Pursuant to Government Code Section 54956.9(A) North Kern Water Storage District vs. Kern Delta Water District, et al, Tulare County Superior Court Case No. 96-172919.