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Home My WebLink About01/22/03City of Bakersfield Water Board Meeting of January 22, 2003 ~,CITY OF WATER BOARD Mark C. Salvaggio, Chair David Couch, Vice Chair Harold Hanson CITY OF BA~RSFIELD WATER BOA~ MEETING WEDNESDAY, JANUARY 22, 2003 - 4:30pm Water Resources Building Conference Room 1000 Buena Vista Road, Bakersfield, CA 9331 AGENDA 1). CALL MEETING TO ORDER 2). ROLL CALL 3). APPROVAL OF NOVEMBER 13, 2002 SPECIAL MEETING MINUTES 4.) PUBLIC STATEMENTS 5.)KERN RIVER LEVEE DISTRICT OPERATIONS REPORT A. ENCROACHMENT PERMIT ON EMPIRE DRIVE 6).KERN RIVER OPERATIONS REPORT 7).OLD BUSINESS A. NORTHEAST BAKERSFIELD WATER SUPPLY PROJECT - For Board Information B. UPDATE ON REQUEST TO KERN COUNTY WATER AGENCY FOR TREATED WATER TO SERVE NORTHWEST BAKERSFIELD - For Board Information 8). NEW BUSINESS A. DRAFT ORDINANCE ADDING NEW CHAPTER REGULATING LAND APPLICATIONS OF BIOSOLIDS WITHIN CITY LIMITS- For Board Review and Recommendation to City Council B. AGREEMENT WITH CALIFORNIA WATER SERVICE COMPANY FOR LAND LEASE AND COMMON USE OF WATER FACILITIES - For Board Review and Recommendation to City Council 1000 BUENA VISTA ROAD * BAKERSFIELD, CALIFORNIA 93311 · (661) 326-3715 WATER BOARD JANUARY 22, 2003 - PAGE 2 - 8). NEW BUSINESS (CONTINUED) C. PARTICIPATION IN ANNUAL WATER AWARENESS PROGRAM WITH BAKERSFIELD CONDORS - For Board Approval D. DOMESTIC WATER DIVISION RATE SCHEDULE - For Board Information E. EXTENSION OF OILFIELD WASTEWATER DISPOSAL CONTRACTS - For Board Approval 9). WATER BOARD STATEMENTS 10). ADJOURNMENT Water ~tesources ana~er POSTED: January 17, 2003 S:',2002WBMINxWBJA22 3). APPROVAL OF NOVEMBER 13, 2002 SPECIAL MEETING MINUTES MINUTES OF THE SPECIAL MEETING OF THE WATER BOARD - CITY OF BAKERSFIELD WEDNESDAY, NOVEMBER 13, 2002 - 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 Board Chair Salvaggio at 4:00 p.m. 2. ROLL CALL Present: Chairperson Salvaggio, Members Couch, Hanson (seated at 4:55 p.m.) Absent: None 3. TOUR A. Tour of Kern River Water Facilities Construction Projects. Chairperson Salvaggio recessed the meeting to tour the Kern River Water Faciliti(~s Construction Projects at 4:02 p.m. The meeting reconvened at Water Resources Building Conference Room at 4:52 p.m. 4. MINUTES A. Approval of July 17, 2002 Meeting Minutes. Motion by Couch to approve the Minutes of the regular meeting of July 17, 2002, as amended to change a word to "1" in his statement on page 3. APPROVED, Hanson absent. 5. PUBLIC STATEMENTS None. 6. KERN RIVER LEVEE DISTRICT A. U.S. Corps of Engineers Bi-Annual Inspection Report. Florn Core, Water Resources Director, gave a brief update and stated we passed the inspection, but some remedial work will need to be done in the next year. Gene Bogart, Water Resources Manager, stated the levees are in good shape, sand and debris has been removed, and reminded the Board that the riverbed at Chester Avenue is 10 feet higher than the first floor of City Hall. No action required by the Board. Water Board - City of Bakersfield, November 13, 2002 - Page 2 7. REPORTS A. Kern River Operations Report. Mark Lambert, Engineer, gave a brief update of events. Gene Bogart, Water Resources Manager, provided additional information. No action required by the Board. B. Northeast Bakersfield Water Supply Project. Florn Core, Water Resources Director, gave a brief update of the Northeast Bakersfield Water Supply Project and stated the pumps from the river into the new reservoirs, the pumps going into California Living Museum and the high lift station pumps, will be tested beginning next week. April 23, 2003 will be the start up date for full operation of the project. Board Chair Salvaggio requested staff address vandalism along the bike path. C. Kern County Water Agency Mediation Process. Gene Bogart, Water Resources Manager, gave a brief update and referred to a letter sent by Tom Clark regarding the beginning of a mediation process that would address the following three major issues: State project allocations for contract water, including reallocation of state water; ground water; and Proposition 13 financing for water banking projects. Also said a letter has been sent to the Agency stating the City's position regarding the mediation process. No action required by the Board. D. Update on Request to Kern County Water Agency for Treated Water to Serve Northwest Bakersfield. Florn Core, Water Resources Director, gave a brief update. No action required by the Board. 8. OLD BUSINESS None. 9. NEW BUSINESS A. Letter to Kern County Board of Supervisors concerning Ordinance on Bio-solids Application. Florn Core, Water Resources Director, stated this letter is in response to a Council referral and gave a brief update. Raul Rojas, Public Works Director, requested language changes to the letter. Motion by Couch to approve the letter to the Kern County Board of Supervisors as amended to include the words "imported" in the first sentence; paragraph 2:"unincorporated area"; exclude "of any quality," include: "we support the County ordinance, "and include: "usable ground water basin" in the last paragraph, and provide Council with a copy of this letter. APPROVED ~ Water Board - City of Bakersfield, November 13, 2002 - Page 3 9. NEW BUSINESS continued B. Participation in Weather Modification Program with Kern River Interests and Atmospherics Inc. Gene Bogart, Water Resources Manager, gave a brief update. Motion by Couch to approve contract with North Kern Water Storage District to participate in the Weather Modification Program. APPROVED C. Letter to Supervisor Jon McQuiston regarding Kern River Bikepath. Gene Bogart, Water Resources Manager, gave a brief update. Motion by Couch to approve letter to Supervisor Jon McQuiston. APPROVED 10. MISCELLANEOUS A. 2003 Water Board Meeting Schedule. The Water Board meeting schedule was accepted as submitted. 11. WATER BOARD STATEMENTS None. 12. CLOSED SESSION A. 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. B. Conference with Legal Counsel - Anticipated Litigation: Initiation of Litigation Decision Pursuant to Subdivision (C) of Government Code Section 54956.9 (One Potential Case) Board Chair Salvaggio recessed the meeting to Closed Session at 6:12 p.m. 13. CLOSED SESSION ACTION Board Chair Salvaggio reconvened the special meeting at 6:40 p.m. Board Chair Salvaggio announced the Board received advice from Counsel on Closed Session Items a. and b. No reportable action taken. Water Board - City of Bakersfield, November 13, 2002 - Page 4 ~; 14. ADJOURNMENT Board Chair Salvaggio adjourned the meeting at 6:42 p.m. Mark Salvaggio, Chair City of Bakersfield Water Board Bobble Zaragoza, Secretary City of Bakersfield Water Board 5.) KERN RIVER LEVEE DISTRICT OPERATIONS REPORT A. ENCROACHMENT PERMIT ON EMPIRE DRIVE PROPERTY UNE LINER ', ua RETURN WATER LINES CITY PARK BiKE PATH ~403 0 Z ~ 5,o .... · -3o o q z BUILDIN ,, ,~ .' 9.000 · ¥,.. -:--. ................ ., uu~ .~.'q. /,*u.a; ut.~-,:u-u>' 2::.,ur~M; PAGE 3/4 APPLICATION FOR ENCROACHMENT PERMIT TO THE CITY ENGINEER OF THE CITY OF BAKERSFIELD, CALIFORNIA: ~P/t~s~uant ~ th~ prov. isi .om_s. o.fChaptor 12..20 of thc .Ba~.. field Municil%a. 1' Cod?, the undersigned applies for a permit to p ac.o, crew, use arm mammm an encroachment on pubhc property or Hght-ot:way as thereto defined. 1. Fullnanmofapplicantandcompl~oaddrimsindudingphon¢,mmbcr: Stacy Walterst Stockdale Investment Group, ]:nc., 26000 Commercentre Drive, Lake Forest, CA92630. 2Pl~pne: (D49) 454-7109 . mature or acscription of~hccncroachmcnt for whichthis application is made: We propose to build a water fall on the levy north of our property, see attached site plan. 3. Locafionof~epropo~ed~cmachnumt: .4000 Empire Drive , Bakersfield, CA.93309 4. Period of time for which thc cncroachmont is to be maintained: Permanently App!icant,agr~. that ifth~s application is ~:.r~.~.ted, .apj~licant shall indemnify, defend and hold harmless City, its officers, a_ ~ _gf~s._ an~ .?p~oyo? aga~,st.a~, y. an~l., all liabil, ity, ?.la..m~s, ac~. 'o..nst .c~uses ofactionor demands, whatsoovcr against then~ · " _o_r__a~..y~_o~ _m_~c?, votom .a~n. mtswa~..w, ~luas.~-jua~cml, or judi~al tribunals of any kind whatsoever, ahsiag out of, ~ ~.ut?..=~x~ ~ or, causc~ ?y a.'pph~cant s p..lacca~_ t, erccfion, use (by applicant or any other person or entity) or ~,-..'~ or.sma etmroac..nm~. ~t..lite applicant further agrees to maintain thc aforesaid encroachment during the life otsma e~-xoaemn-z:m or until such tm~ that .this pon'nit is revoked. t~plicant ~.furt~,or agra,ecs .t~_u .)~on tho oxpirati .on of th~ pormit for which this application is made, if granted, or u_Rp~ revocanon mexeo~t~v tlm ~jsx'v enoi.',.~r~_, atmlicant will at his own cost and expense remove the same from tho t~ublie ~ ~ ~n~ght o~, .wa, y. who~ ~o'sa~n., ¢ i~, 1 -.ofmtcd, a~.d restore said public p .flirty or fight of way to the condition as hearty as max m vauea tt was t~-~om mo pmcmg, erecuon, mamtcn~_nce or existence of said encroachment. ~_Al?p, licam .f~daer _a~,ees to ob?n ~-.d keep all liabilj.ty insuranc~ re~.'r~ by the City Engineer in full force and effe~ ~_r~ n?~wover.~.ong,~m?~ en~gae?ment r .en?~,....App.hcant shall furnish the .C. ig,' .Risk Manager with a Certificate of ,_~._. ~u__r~.ce ~e~, a .eaang surnc~e~, c?e._mge ?or .turin. y .inJury or prope .rty damage liability o.r both and required endorsements ~v,o~ncmg mo insurance reqmroa. 'fao type, s) aha amount(s) of insurance coverage ~A?liean. t..a~aow, l. edg~ the right of the City Engineer, pursuant to Bakersfield Municipal Code Chapter 12 20 to revoke pemut a~ any ume. ' // / ..., __ ' · gignamre oFA~i'"~nt ~'Ov,,n~Fo~ l~0r~esen~[ive) ' // PERMIT v I ~EREBY CRRTI~¥ iTRAT I HAVE MADE AN INVESTIGATION O~ THE FACTS STATE1) IN THE FOREGOING APPLICATION AND lffNl) THAT THI~ MAINTENANCE OF SAID ENCROACHMENT (1) $A~M~g~O~ $1JI]$TA~TIALL¥ INTERFERE WITEI THE USE OF THE PUBLIC PLACE WHERE THE IS TO BI/; LOCATEI) ANI) (2) WILL (NOT) CONSTITUTE A t/AZARI) TO PERSONS USING SAID PUBLIC PLACE; SAID APP~CATION IS TItERRIrORR (GRANTEI)) (IHgNIEI)). SAID PERMIT SHALL No. SisIm~:ure of City Eagiaeer 6). KERN RIVER OPERATIONS REPORT KERN RIVER BASIN SNOWPACK ACCUMULATION EIGHT SENSOR INDEX January 16, 2003 40.0 30.0 _,_ ...... ~,~ , , · '-' 250 ~. 100% of April 1 Average · ~20.0 ........................ h ........ ' ' ~ 1999-200, m 65% A-J ~ 15.o I- 2002-2003 ' Average , lO.O ' ', ' 2001-2002 46% A~J 2000-2001 54% A-J I ~ 53% A-J 5.0 November December January February March April Snowpack Accumulation Season CITY OF BAKERSFIELD WA TER RESOURCES DEPARTMENT ~ KERN RIVER BASIN SNOW SENSOR FORECAST MODEL Readings of Water Content DATE: 16-Jan 2003 are in Inches ..... Previous Year April-July Runoff = 46 % of Average SNOW SENSOR SITE Upper Eight Tyndall Crabtree Chagoopa Wet Tunnel Casa Beach Sensor Creek Meadow Plateau Pascoe Meadow Guard Vieja Meadow Index Elevation/feet) 11,400 10,700 10,300 9,150 8,950 8,900 8,300 7,650 -- Actual Water Content This Date 15.3 11.5 9.2 12.0 12.7 5.2 8.4 5.2 10.1 Normal Water Content This Date 15.0 10.8 11.9 13.5 16.5 8.5 12.7 6.6 12.0 % of Normal Water Content This Date 102% 107% 77% 89% 77% 61% 66% 78% 83% April 1 Average Water Content 27.7 19.8 21.8 24.9 30.3 15.6 20.9 11.0 21.6 % of April 1 Average Water Content 55% 58% 42% 48% 42% 33% 40% 47% 46% 1) 3~Gage Precipitation Index For this Date = 42.80 inches 3-Gage Precipitation Index Normal For this Date : 26.44 inches 3-Gage Precipitation Index in % of Normal = 162% Percentage Into Snowpack Accumulation Season = 56% 2) Estimated April-July Runoff into Isabella Reservoir : 402~087 acre-feet 3) Estimated April-July Runoff in % of Average = 86% 1) 3-Gage precipitation index = October 1 to date cumulative rainfall totals for Glennville, Pascoe & Isabella Dam 2) Assumes median snowpack accumulation subsequent to date of estimate 3) April-July average inflow to Isabella Reservoir: 470,000 acre-feet :Normal 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: January 16, 2003 ISABELLA RESERVOIR 1 2555.15 Lake Elevation (ft.) 140324 Storage (AcFt) +158 Change (AcFt) 509 Inflowto Isabella (cfs) 2 568075 Storage Capacity 25% % of Capacity 158581 Normal Storage 88% % of Normal Storage For this Date 3 5280 Average Lake Area (Acres) 15658 Inflow(Month AcFt) 13025 Outflow (Month AcFt) 4 408 North Fork Mean 415 North Fork @ 0600 Hours 122792 Accumulative Inflow (02-03 WY) 5 413 Mean Outflow 397 Borel Canal 16 Main Dam Outlet 66666 Accum. Outflow (WY) 6 401 Outflow @ 0600 385 Borel Canal @ 0600 Hours 16 Main Dam Outlet @ 0600 Hours Hours 7 16 Lake Evap. (cfs) 0.09 Inches Evap. for 24 Hours 528 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 0.01 Inches of Precipitation at Isabella for Month 10 8.42 Seasonal Precip. Isabella 4.41 Normalfor 191% Isabella Precip. (Season: Oct 1 through Sep 30) this Date % of Normal 11 0.00 Inches of Precipitation at Pascoe for 24 Hours 2.00 Inches of Precipitation at Pascoe for Month 12 25.50 Seasonal Precip. Pascoe 14.76 Normal for 173% Pascoe Precip. this Date % of Normal 13 15.3 Upper Tyndall Creek 12.0 Pascoe 12.7 (e) Wet Meadow 14 62 Isabella Maximum Temperature 2.40 Isabella Max. Precip. on Record For this Date 1996 Year of Occurrence 15 36 Isabella Minimum Temperature 169 24 Hour Wind Movement (Miles) NATURAL RIVER FLOW 16 539 Natural Flow (cfs) 17105 Natural Flow (Month to Date) 17105 2003 Jan-Mar Runoff 17 603 Mean Flow 89% Natural Flow 381 Median Flow 141% Natural Flow For this Date in % of Mean For this Date in % of Median 18 6298 Max. on Record 161 Min. on Record 128183 Accum. Natural Flow (Water Year) 19 1970 Year of Occurrence 1991 Year of Occurrence 20 447 First Point Flow 14472 First Point (Month to Date) 71638 Accum. First Point (Water Year) KERN RIVER FACTS & FIGURES: ~ · On this date in 1970, a strong Pacific storm system battered the Isabella Lake area, "^ K E , $ F ~ ~ ~ producing a 24-hour rainfall total of 1.14" and driving the natural flow of the Kern to a record Produced by City of Bakersfield high of 6,298 cfs. All told, the storm (January 13-18, 1970) left 3.07" at the lake gage. The Water Resources January 16, 1970 Kern River flow rate eclipsed the previous high established in 1909 at 2,803 cfs. (661) 326-3715 l~eb[ru~ 2gg8 [~eb[rual 2888-'-?A._"- ~.._. 7). OLD BUSINESS A. NORTHEAST BAKERSFIELD WATER SUPPLY PROJECT - For Board Information B A K E R S F I E L D MEMORANDUM (White paper due to photographs) January 16, 2003 TO: Gene Bogart, Water Resources Manager FROM: Florn Co--Resources Director SUBJECT: Northeast Bakersfield Water Supply Project - Construction Progress The Northeast Bakersfield Water Supply Project is to bring high quality Kern River drinking water to the citizens of northeast and central Bakersfield, as well as provide the catalyst for orderly development of the dry foothills on the eastside. The project began with the City constructing a Kern River turn-out structure, located below the California Living Museum. The entire project, a public-private cooperation between California Water Service Co. and the City, will include a fiver pumping station, two adjoining reservoirs, the purification/filtration plant and distribution pipelines to and from the purification plant. The Cai Water/City Kern River pumping plant, the City reservoirs, the Cai Water Treatment Plant and the Cal Water pipelines are under construction at this time. The Kern River Pumping Plant, located just east of the reservoirs, is now over 95% complete. A 54" raw water pipeline already installed extends from the pumping plant, crosses Alfred Harrell Highway and follows the bike path southerly until turning east at the PG&E substation (recently completed and pictured below) until it reaches the Cai Water purification/filtration plant. The pumping and treatment plant Kern River Pumping plant with raw water reservoirs in background facilities will be served through this PG&E substation. Phase two of the reservoir construction, the liner installation blanketing the bottom and sides of the two raw water reservoirs is 50% complete. The liner is a geomembrane (flexible polypropylene) seal to prevent leakage. The liner has been installed in reservoir 1 and reservoir 2 should be completed by the end of Pacific Gas & Electric power substation the month. Page - 2 - Northeast Bakersfield Water Supply Project The California Water Service Co. Bakersfield Treatment Plant is approximately 75% complete. Construction of the major buildings have been completed. Laboratory equipment and electrical monitoring controls are now being installed. A state-of-the-art micro filtration system, using membrane technology is almost complete. The piping and hardware have been completed and the membranes will be installed just prior to start-up. All underground piping is Liner installation in reservoir 4/1 complete. Construction is on schedule for an April 2003, initial start-up and demonstration of the plant and distribution system. This will analyze the facilities for any adjustments prior to officially serving City residents in May 2003. Treatment Plant building Cal Water is currently installing almost 7 miles of transmission and distribution water pipelines that range in size from 18" to 54" in diameter. That portion of pipeline along Alfred Harrell Highway and the major transmission lines along Paladino and Morning Drive have been completed. Pipeline installation along Panorama Cai Water Treatment Plant, Drive to the Panorama tanks near Columbus is office and Laboratory scheduled to be completed by mid-February. Pipeline along Fairfax Road and Auburn Street should be finished in April 2003. Minor traffic lane disruptions are expected on these streets during this installation period. Electronic controls and automatic chemical dispensers Pipeline construction 7). OLD BUSINESS B. UPDATE ON REQUEST TO KERN COUNTY WATER AGENCY FOR TREATED WATER TO SERVE NORTHWEST BAKERSFIELD - For Board Information KERN COUNTY WATER AGENCY COB-Itr-Tumout.wpd Directors Fred L. Starrh November 25, 2002 Division 1 Terry Rogers Division 2 Mr. Florn Core Water Resources Director Peter Frick Vice President City of Bakersfield Division 3 Water Resources Department 1000 Buena Vista Road Michael Radon Division 4 Bakersfield, California 93311 Adrienne J. Mathews President Division 5 RE.' Northwest Feeder Pipeline participant turnout locations. Lawrence P. Gallagher Dear Mr. Core: Division 6 Gene A. Lundquist The Engineer for the Northwest Feeder Pipeline Project has completed the Division 7 preliminary drawings for the turnout locations. Please review and comment on the attached drawings of the individual turnout locations by December 6th, 2002. Thomas N. Clark GeneralManager At this time, ID4 plans to provide a flanged connection turnout from the transmission John F. Stovall pipeline at the diameter specified on the drawings. The participants will need to GeneralCounsel provide the connection, valving and appurtenances from the flange to their respective distribution systems. The participant's portion of the connection will need to be constructed prior to the installation of the Northwest Feeder Pipeline so that the new pipeline may be tested at the appropriated time. A project construction schedule will be provided to the project participants after the project has been awarded to the Contractor (March or April, 2003) so that this work can be coordinated. If you have any questions please give Martin Varga a call at 634- 1448 Sincerely, Improvement District No.4 Enclosure xc: Ben Horn, Boyle Engineering MailingAddress: P.O. Box 58 Bakersfield, CA 93302-0058 Phone: (661) 634-1400 Fax: (661) 634-1428 8). NEW BUSINESS A. DRAFT ORDINANCE ADDING NEW CHAPTER REGULATING LAND APPLICATIONS OF BIOSOLIDS WITHIN CITY LIMITS - For Board Review and Recommendation to City Council ORDINANCE NO. AN ORDINANCE ADDING A NEW CHAPTER 8.90 TO THE BAKERSFIELD MUNICIPAL CODE REGULATING LAND APPLICATIONS OF BIOSOLIDS. WHEREAS, there are numerous unanswered questions about the safety, environmental effect, and propriety of land applying Biosolids or sewage sludge, even when applied in accordance with federal and state regulations; and WHEREAS, Biosolids may contain heavy metals, pathogenic organisms, chemical pollutants, and synthetic organic compounds, which may pose a risk to public health and the environment if improperly handled; and WHEREAS, Land application of Biosolids may pose a risk to land, air, water, to human and animal health; and WHEREAS, the City recognizes that Class A/Exceptional Quality Biosolids, as defined in this chapter, are considered by the U.S. Environmental Protection Agency to be a product, whether distributed in bulk form, bags or other containers, that can be applied as freely as any other fertilizer or soil amendment to any type of land; and WHEREAS, this chapter is adopted pursuant to the police power of the City and as 40 CFR Part 503 recognizes the authority of local government to impose more stringent requirements on the use or disposal of sewage sludge in order to protect public health and the environment from any adverse effect from sewage sludge. NOW, THEREFORE, BE IT ORDAINED by the Council for the city of Bakersfield as follows: SECTION 1. A new chapter 8.90 is hereby added to the Bakersfield Municipal Code to read as follows: CHAPTER 8.90 LAND APPLICATION OF BIOSOLIDS 8.90.30 Definitions. (A) Agency means an authorized representative of the City of Bakersfield. (B) Applier means is any person engaged in the Land Application of Exceptional Quality or Class A Biosolids as defined in this Chapter. -- Page 1 of 10 Pages -- (C) Biosolids are treated solid, semi-solid or liquid residues generated during the treatment of sewage in a wastewater treatment works that meet 40 CFR Part 503 requirements specified in 503.32 for pathogen reduction, 503.33 for vector attraction reduction, and 503.13, Table 1 for pollutant concentrations. These residues include, but are not limited to, scum or solids removed in primary, secondary or advanced wastewater treatment processes and material derived from sewage sludge. Biosolids do not include ash generated during the firing of sewage sludge in a sewage incinerator or grit and screenings generated during preliminary treatment of sewage. Biosolids, as used in this chapter, excludes Biosolids products that are in a bag or container packaged for routine retail sales through regular retail outlets which are primarily used for residential landscaping. Biosolids, as used in this chapter, shall not include material created at wastewater treatment plants owned or operated by the City of Bakersfield and applied to land owned or leased by City. (D) Certified Laboratory means a laboratory certified by the state Department of Health Services pursuant to Article 3 (commencing with Section 100825) of Chapter 4 of Part 1 of Division 101 of the California Health and Safety Code. (E) Class A Biosolids are Biosolids that meet the pathogen reduction requirements in 40 CFR 503.32(a) alternatives 1-6 and contain constituents in concentrations not exceeding the concentrations listed in 40 CFR 503.13, Table 1 or Table 3. (F) Class B Biosolids are Biosolids that meet the pathogen reduction requirements in 40 CFR 503.32(b). (G) Compost means the product, in any form, resulting from the controlled biological decomposition of organic materials which may include Biosolids. Facilities where compost is produced are required to obtain Solid Waste Facilities and Conditional Use Permits as a condition of operation. Compost products are required to meet or exceed product quality criteria as established by the California Integrated Waste Management Board. (H) City means the City of Bakersfield, California. (I) CPLR Biosolids are cumulative pollutant loading rate Biosolids which are Class A, or Class B Biosolids that have achieved a level of vector attraction reduction per 40 CFR 503.33 and that meet the ceiling concentrations in 40 CFR 503.13, Table 1, but exceed at least one (1) of the pollutant concentration limits in 40 CFR 503.13, Table 3, and therefore, are subject to the cumulative pollutant loading rates in 40 CFR 503.13, Table 2. Cumulative pollutant loading rate is the maximum amount of a pollutant that can be applied to an area of land. (J) Exceptional Quality Biosolids are Class A. Biosolids that meet the pollutant concentrations in 40 CFR 503.13, Table 3 and have achieved one of the vector attraction reduction requirements of 40 CFR 503.33(b)(1) through (b)(8). Additionally, Class A Biosolids must meet both the fecal coliform and Salmonella sp. bacteria limits contained in Alternatives 1 through 6 of 40 CFR 503.32(a) to be Exceptional Quality. -- Page 2 of 10 Pages -- For the purposes of this chapter, Exceptional Quality Biosolids are in bulk form and shall not include compost which meets or exceeds Exceptional quality criteria. (K) Field means a discrete area of land within a Site. It is the smallest unit of land for which monitoring, record keeping and reporting requirements apply. (L) Land Application means the placement of Class A/Exceptional Quality Biosolids on agricultural land at an agronomic rate to support vegetative growth. For purposes of this chapter, placement includes the spraying or spreading of Class A/Exceptional Quality Biosolids onto the land surface, the injection of Class A/Exceptional Quality Biosolids below the surface, or the incorporation of Class A/Exceptional Quality Biosolids into the soil. (M) Land apply means the spraying or spreading of Class A/Exceptional Quality Biosolids onto the land surface, the injection of Class A/Exceptional Quality Biosolids below the surface, or the incorporation of Class A/Exceptional Quality Biosiolids into the soil so that it can either condition the soil or fertilize crops or vegetation grown in the soil. (N) Permit means a land application permit issued by the Agency to an Applier. Such permit authorizes the land application of Class A/Exceptional Quality Biosolids in the city limits. Permits are not transferable to other parties without the prior approval of the Agency. (O) Person means any individual, firm, partnership, joint venture, association, corporation, estate, trust, receiver, syndicate, city, county or other political subdivision, or any other group or combination acting as a unit. (P) Sensitive Receptors are schools, hospitals, convalescent homes, food establishments, parks and recreation areas, and single and multiple-family dwellings. (Q) Site means the area of land covered by a single Permit. This land may be a single parcel or contiguous parcels of land with a single Applier. A Site can be comprised of one or more Fields. (R) Staging means the placement of Biosolids on a Site for up to forty-eight (48) hours to facilitate the production of Class A/Exceptional Quality Biosolids and the transfer of Class A/Exceptional Quality Biosolids between the transportation and application vehicles. (S) Storage means the placement of Biosolids on a Site for more than forty- eight (48) hours. 8.90.40 Biosolids Prohibited. (A) Except upon City owned or operated farmland, it shall be unlawful for any person to land apply Biosolids, except for Class A/Exceptional Quality Biosolids as defined in this chapter to property within the city limits. -- Page 3 of 10 Pages -- (B) The discharge of Biosolids to surface waters or surface water drainage courses, including wetlands and water ways, is prohibited. 8.90.50 General Requirements. (A) Except for City owned or operated wastewater treatment plants which create Biosolids, prior to commencing any land application activities under this chapter, the applier shall apply for a Permit and pay all applicable Permit fees. (B) Before Class A/Exceptional Quality Biosolids are land applied, the applier shall contact the Agency and California Regional Water Quality Control Board to determine whether CPLR Biosolids have been applied to the field since July 20, 1993. (1) If CPLR Biosolids have not been applied to the Field since July 20, 1993, the cumulative amount for each pollutant may be applied to the Field in accordance with 40 CFR 503.13, Table 2. (2) If CPLR Biosolids have been applied to the field since July 20, 1993, and the cumulative amount of each pollutant applied to the field since that date is known, the cumulative amount of each pollutant applied to the Field shall be used to determine the additional amount of each pollutant that can be applied to the Field in accordance with 40 CFR 503.13, Table 2. : (3) If CPLR Biosolids have been applied to the Field since July 20, 1993, and the cumulative amount of each pollutant applied to the Field since that date is not known, no further Class A/Exceptional Quality Biosolids may be applied to the Field. (C) The application of Class A/Exceptional Quality Biosolids shall be confined to Sites that are approved by the AgencY in accordance with the provisions of this chapter. ' ~ (D)'· The Agency shall be allowed, whether announced or not, to enter and inspect all Sites where Class A/Exceptional Quality Biosolids are being or have been land applied. The Agency shall, during normal business hours, have access to and may copy any records that must be kept under the provisions of this chapter. 8.90.60 Permit Application. (A) Except for City owned or operated wastewater treatment plants which create Biosolids, it shall be unlawful for any person to apply Class A/Exceptional Quality Biosolids to land within the city limits without obtaining a Permit from the Agency and being in compliance with the terms and conditions as stated herein. (B) A Permit application, furnished by the Agency, shall be filed with the Agency, accompanied by the Permit fee. The application form shall include the following information: -- Page 4 of 10 Pages -- (1) The name and address of the applier, the property owner or leaseholder; (2) The address, legal description or other sufficient identifying description of the property; (3) A map of the property, showing: (a) The location of the proposed land application Fields within each Site, (b) All potable water wells, drinking water supplies, and buildings, including the identification of any buildings which are owned by the applicant, within one thousand (1,000) feet of the Site, (c) The location of property boundaries. (4) Copies of all original laboratory tests for any tests required to be performed prior to the initial application of Class A/Exceptional Quality Biosolids. (5) Such additional information as may be required by the Agency to facilitate any required investigation. (C) The person filing the application shall sign a statement under penalty of perjury that the facts stated in the application are true and correct and that all information required has been set forth in the application. The owner or authorized representative of the property shall also sign the application acknowledging the intended use to be made of the property. (D) Applicants shall"be nOtified of incomplete or inaccurate applications. The applicant, shall make the necessary corrections and additions and resubmit the application within thirty ($0) calendar days of notification. The Agency shall evaluate the information provided in the application to determine whether or not the land application proposal will be in compliance with the applicable requirements of this chapter. (E) If an application is denied, the applicant may amend the application and resubmit the amended application. Such submittal of an amended application is not subject to an additional fee. (F) Written notice of the denial of a Permit shall be delivered in person or by U.S. Mail, postage prepaid, to the applicant at the address on file with the Agency. (G) The Agency may deny an application for one (1) or more of the following reasons: (1) Inadequate, incomplete, or inaccurate application information; -- Page 5 of 10 Pages (2) The land application proposal would not be in conformance with the applicable requirements of this chapter. (H) The Agency shall issue the permit after approving the application. (I) Permits may be reviewed annually from the date of issuance or reissuance or from time to time as deemed appropriate by the City Engineer for the protection of the public's health and safety. Permit review and reissuance are subject to the following: (1) A permit does not expire at the end of one (1) year absent an express Permit term or condition limiting the period of the Permit; (2) The Agency shall notify the Applier sixty (60) calendar days before the permit is due for review; (3) No fewer than thirty-five (35) calendar days before the Permit is due for review, the Applier shall submit a certification that the information contained in the Permit is current, or shall file a new application pursuant to this chapter. (J) A Permit may be revoked by the Agency when the Applier has violated any provision(s) of this chapter or any federal/state laws or regulations related to the land application of Class A/Exceptional Quality Biosolids, or violated a provision(s) of any permit issued by the Regional Water Quality Control Board, or other state Agency with jurisdiction, related to the land application of Class NExceptional Quality Biosolids. If the Agency intends to revoke the Permit, a written notice to this effect shall be delivered in person or by certified mail to the mailing address of the Permit applicant. The written notice shall state the grounds for the proposed revocation. The revocation shall be come effective ten (10) days after service of the notice unless the Permit holder files an appeal with the City Council within that time period. (K) The applicant may appeal a denial or revocation of a Permit. Any appeal or revocation shall be made to the City Council by filing a written request for a hearing before the City Council with the City Clerk not more than ten (10) calendar days after notice of the proposed denial or revocation has been delivered. Upon receipt of a written request for a hearing, the City Clerk shall set the matter for public hearing on a date not more than ninety (90) calendar days following receipt of such written request, and shall give the Permit applicant at least ten (10) calendar days written notice of the time, date, and place of the hearing. After the hearing, the City Council shall issue its written decision and findings on the appeal within thirty (30) calendar days after the close of the hearing. (L) The Agency may temporarily suspend any Permit issued under this chapter, prior to any hearing when, in the opinion of the City Engineer, such action is necessary to protect the residents of the City from immediate threats to health and safety. The Agency shall notify the Permit holder of the temporary suspension and the effective date thereof and at the same time shall set the matter for hearing as soon as -- Page 6 of 10 Pages -- possible before the City Council as set forth herein. The temporary suspension shall remain in effect until the City Council has taken final action on the merits. (M) Fees to review and process Permit applications, appeal an action of the Agency, as specified herein, inspect Sites, engage in enforcement activities and compensate for infrastructure impacts shall be established by the City Council. (N) No Permit may be transferred. 8.90.70 Management Practices. (A) Transportation, storage of Biosolids and land application of Class A/Exceptional Quality Biosolids shall not degrade the groundwater or surface water. (B) Discharge of Biosolids to surface waters or surface water drainage courses is prohibited and all Biosolids shall be confined to within the boundaries of the Site. (C) All irrigation tailwater on Sites utilized for Class A/Exceptional Quality Biosolids application shall be maintained on the permitted site and shall not be allowed to flow onto adjacent properties, either by means of surface or subsurface flows. (D) Class B Biosolids shall not be stored on the Site unless approved by the Agency due to adverse climatic or other emergency conditions which prevent production and application of Class A/Exceptional Quality Biosolids within forty-eight (48) hours. Sites where Class NExceptional Quality Biosolids are stored for more than forty-eight (48) hours shall be designed and maintained to contain all storm water falling from a ten (10) year, twenty-four (24) hour storm and to prevent washout or inundation from a one hundred (100) year storm or flood. (E) Transportation, fugitive dust, surface water runoff, storage of Biosolids and application of Class NExceptional Quality Biosolids shall not cause a nuisance, odors, flies or other vectors. (F) Class A/Exceptional Quality Biosolids with a moisture content less than fifty percent (50%) shall not be applied and incorporated when wind gusts are in excess of ten (10) miles per hour. (G) Application of Class A/Exceptional Quality Biosolids shall not cause or result in the covering, disturbing or changing any part of a city street, road or highway or the placing of any obstruction or piling any material on the surface of any city street, road or highway. (H) No Class A/Exceptional Quality Biosolids shall be applied which contain PCBs in excess of fifty (50) parts per million or dioxins in excess of ten (10) parts per billion. -- Page 7 of 10 Pages -- (I) Before the land application of Class A/Exceptional Quality Biosolids each year, a management plan shall be submitted to the Agency. The plan must include: Fields to be used, process used to create Class A/Exceptional Quality Biosolids and mitigation of offsite flows through the Site. 8.90.80 Site Restrictions. (A) All Class A/Exceptional quality Biosolids staging, storage and application areas shall be at least: (1) Fifty (50) feet from property lines; (2) Five hundred (500) feet from domestic or public water supply wells; (3) Fifty (50) feet from nondomestic water supply wells; (4) Five hundred (500) feet from occupied residential buildings. However, in the case of the owner's residence on the Site, the Agency may waive this set back requirement if requested by the owner; (5) Ten (10) feet from agricultural buildings; (6) Five hundred (500) feet from sensitive receptors, except schools; (7) Fifty (50) feet from public roads; (8) One hundred (100) feet from surface waters (streams, ponds, lakes, marshes,or surface percolation or settling ponds intended for water banking use); (9) Two (2) miles from any school site. (10) Sites where Class B Biosolids are stored shall be located, designed and maintained to restrict public access. 8.90.90 Monitoring, Record Keeping and Reporting. All persons who apply Class A/Exceptional Quality Biosolids in the city shall submit a written report of their activity to the City Engineer on a monthly basis or as otherwise required by the City Engineer. The report shall include a summary of the quantity in wet tons of Class B Biosolids hauled from each source per day and total quantities in both wet and dry tons of Class A/Exceptional Quality Biosolids applied per month, and any additional information as required by the City Engineer. 8.90.100 Inspection and Enforcement. (A) The Agency shall charge for services that are rendered by personnel that are necessary for the enforcement of the provisions of this chapter. (B) The Agency shall charge actual costs for testing, sampling, and analyzing necessary to ensure compliance with the provisions of this chapter. (C) Any person violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor. (D) In addition, any violation of this chapter may be deemed by the Agency to be a public nuisance, and may be abated, or enjoined by the Agency, irrespective of any other remedy herein provided. -- Page 8 of 10 Pages -- 8.90.110 Penalty for Violation. Any person violating any provision of this chapter is guilty of a misdemeanor and upon conviction thereof is punishable by a fine of not more than $500 or by imprisonment of not more than six months or both. Every violation of this chapter shall be construed as a separate offense for each day during which such violation continues and shall be punishable as provided in this section. The court or the City may also demand and require the violator to clean up at the violator's expense any illegally applied or deposited Biosolids and dispose of it in an approved, environmentally safe and clean manner. 8.90.120 Severability. If any clause, provision, sentence, or paragraph of this ordinance, or the application thereof, is deemed to be invalid as to any person, entity, establishment, or circumstance, such invalidity shall not effect the other provisions of this ordinance which still remain in effect, and to its end, it is hereby declared that the provisions of this ordinance are severable. SECTION 2. This Ordinance shall be posted in accordance with the provisions of the Bakersfield Municipal Code and shall become effective thirty (30) days from and after the date of its passage. - ......... 000 .......... -- Page 9 of 10 Pages -- I HEREBY CERTIFY that the foregoing Ordinance was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on , by the following vote: AYES: COUNCILMEMBER CARSON, BENHAM, MACGARD, COUCH, HANSON, SULLIVAN, SALVAGGIO NOES: COUNCILMEMBER ABSTAIN: COUNCILMEMBER ABSENT: COUNCILMEMBER CITY CLERK and EX OFFICIO of the Council of the City of Bakersfield APPROVED: . .. By: HARVEY L. HALL .. Mayor ,,. ~. APPROVED AS TO FORM: BART J, THILTGEN City Attorney By: ALAN D. DANIEL Deputy City Attorney. ADD:je S:\COUNCIL\Ords\Land Application. DOC -- Page 10 of 10 Pages -- 8). NEW BUSINESS (CONTINUED) B. AGREEMENT WITH CALIFORNIA WATER SERVICE COMPANY FOR LAND LEASE AND COMMON USE OF WATER FACILITIES- For Board Review and Recommendation to City Council AGREEMENT NO. AGREEMENT FOR LAND LEASE AND COMMON USE OF WATER FACILITIES THIS AGREEMENT FOR JOINT USE OF WATER FACILITIESAGREEMENT (the "Agreement") is made and entered into this day of , by and between the CITY OF BAKERSFIELD, a municipal corporation ( "CITY" ) and CALIFORNIA WATER SERVICE, a California public utility water corporation ( "CAL WATER"). RECITALS A. CITY owns certain property known as Station L208 (the "Property"), on which CITY plans to construct a three million (3,000,000) gallon 190' diameter concrete water storage tank, a booster station of five (5) pumps and a future sixth pump, 'a concrete block house for such equipment, water treatment facilities, pipes and valves and related water facilities (collectively, the "Facilities") pursuant to a Cost Sharing Agreement dated ,2002 between CITY and CAL WATER (the "Cost Sharing Agreement"). B. Pursuant to the Cost Sharing Agreement, CITY and CAL WATER will each own certain items of the Facilities, as more fully set forth in the Cost Sharing Agreement. C. CAL WATER and CITY desire to provide for the joint use of the concrete block house that encloses the Facilities, in order to assure CAL WATER the right to operate, repair and replace the portion of the Facilities to be owned by CAL WATER, and for the use by CAL WATER of a portion of the water storage capacity of the water storage tank and all equipment shown on Exhibit A.. D. CAL WATER represents it is experienced and well qualified in water operations; and E. CAL WATER's experience in water operations is an important factor in CITY agreeing to joint use of the Facilities. F. CAL WATER will make a physical inspection of the Facilities prior to the Commencement Date of the Term of this Agreement, as such terms are hereafter defined G. CITY and CAL WATER are willing to enter into this Agreement for joint use of the Facilities under the terms and conditions set forth below. Land Agreement S:',2003 CONTRACTS\Copy of Joint Use Agreement 070102 clean revised.doc May 13, 2002 -- Page 1 of 19 Pages -- AGREEMENT NOW, THEREFORE, incorporating the foregoing Recitals herein, CITY and CAL WATER mutually agree as follows: 1. USE BY CAL WATER OF A PORTION OF THE FACILITIES. CITY hereby agrees that, upon completion of construction of the Facilities, during the Term (as defined below) of this Agreement, and on the terms and conditions of this Agreement, CAL WATER shall have the exclusive right to use (a) the portion of the Facilities reasonably required for the installation, operation, maintenance, repair and replacement of the equipment shown in red on Exhibit A, attached hereto and incorporated herein by reference, and (b) one million (1,000,000) gallons of the water storage capacity of the concrete water storage tank, and CAL WATER shall have the joint right to use with CITY the portion of the Facilities identified in green on Exhibit A or identified as joint use facilities on Exhibit A. 2. TERM. The term of this Agreement shall commence upon date of execution and terminate December 31, 2037 unless sooner terminated as herein provided (the "Term") unless sooner terminated as provided for in this Agreement; provided, however, to the date of such completion and approval and the termination date. The Term shall automatically be extended by ten (10) year increments, beginning on the day after the last day of the expiring Term, unless either CITY or CAL WATER gives written notice to the other, no later than two (2) years prior to the expiration of the then current Term, that the Term will not be extended. 3. USE OF FACILITIES. CAL WATER shall use the portion of the Facilities reserved for the exclusive use of CAL WATER for the purpose of operating water facilities installed under the Cost Sharing Agreement that are to be owned by CAL WATER. CAL WATER and CITY shall jointly use the Facilities identified in Exhibit A to the Cost Sharing Agreement as joint use facilities. CAL WATER and CITY shall use the remainder of the Facilities in accordance with Domestic Water Operations Agreement 92-250, as amended, between CITY and CAL WATER (the "Operations Agreement"). 4. USE FEE. During the term of this Agreement, CAL WATER shall pay CITY One Hundred Dollars ($100.00) per month for a total of One Thousand Two Hundred Dollars ($1,200.00) per year as a fee for CAL WATER's use of the Facilities (the "Use Fee"). Land Agreement S:~003 CONTRACTS\Copy of Joint Use Agreement 070102 clean revised.doc May 13, 2002 -- Page 2 of 19 Pages -- 5. WATER STORAGE CAPACITY; RECONCILIATION 5.1 Water Storage. CITY shall be able to store two million (2,000,000) gallons of water in the water storage tank and CAL WATER shall be able to store one million (1,000,000) gallons of water in the water storage tank. At any given time, actual storage quantities may deviate from the aforementioned storage capacities, and will be reconciled per Sections 5.2 and 5.3 of this agreement. 5.2 Withdrawal of Water. Except as hereafter provided, CITY and CAL WATER may each withdraw, at any time, the amount of water they have stored in the water storage tank. CITY and CAL WATER shall reconcile and balance "produced" water and "delivered" water through monthly metered readings of the total deliveries and production by the respective parties. CAL WATER will have a water delivery and a water production meter. CITY will have a water delivery and two water production meters, which will include an on-site well supply. Both parties shall make every reasonable effort to stay in water balance. If one party delivers more than it produces, it shall take steps to reduce the underproduction. The overproducing party shall be entitled to a reconciliation when it has overproduced 200 acre-feet of water delivered through the other parties' meter. The overproducing party shall be entitled to payment for the excess water at a rate of $55 per acre-foot. The rate of payment shall be escalated each calendar year by the Producers Price Index for all commodities. The rate of payment shall never be less than $55 per acre-foot. 5.3. Reconciliation. On January 2 and July 1 of each year, or the next business day after such date if the date is a weekend or holiday, (each date being a "Reconciliation Date"), CITY and CAL WATER shall reconcile their excess water withdrawals and restoration and amounts owed as follows: 5.3.1 There shall be no charge for storage of water in excess of a party's storage allocation set forth above. 5.3.2 CITY shall maintain for each party an account of excess water withdrawals. Each party shall be charged with the number of acre feet of excess water withdrawn and credited with the amount of excess water restored. Such restoration may be accomplished by restoring water to the water storage tank. As an alternative, subject to the consent of the party that will receive the water, the party owing the water may deliver water at an interconnection outside of the Facilities. If a party restores water to compensate for excess water withdrawn, the restored amount shall be credited against the oldest amount owed on a "first out- first restored" basis. On each Reconciliation Date, CITY shall provide to CAL WATER a copy of such account for each party and a statement of the amount, if any, by which either party has restored less than the amount of excess water withdrawn. The unrestored amounts owed by each party shall be offset and the parties shall determine if either party owes the other party water and the number of acre feet owed as of the Reconciliation Date. Land Agreement S:~2003 CONTRACTS\Copy of Joint Use Agreement 070102 clean revised.doc May 13, 2002 -- Page 3 of 19 Pages -- The party that owes water to the other party shall have an additional six (6) months (the "Restoration Grace Period") to restore the water owed or offset the owed amount against excess water withdrawn by the party to whom the amount is owed, unless the excess is 200 acre-feet or more, wherein a written request by either party can initiate immediate reconciliation per this section of the agreement. If the party that owes water to the other party fails to restore the water owed by the next Reconciliation Date, the owing party shall pay to the other party an amount per acre foot owed equal to the contract rate for Kern River water that CITY is then providing to CAL WATER's Northeast Bakersfield Water Treatment Plant ($55.00 per acre foot on the date of this Agreement, as adjusted from time to time for changes in the U.S. Bureau of Labor Statistics Consumer Price Index). During the Restoration Grace Period, the parties will make every reasonable effort to achieve a water balance at the Facilities so that the payment of excess water costs will be minimized. Notwithstanding the foregoing, at any time that either party estimates that the other party owes it $10,000 or more, either party may request an accounting pursuant to the foregoing provision and the payment of amounts then due. 5.3.3 In the event either party has a need for water on an emergency basis, whether foreseeable or not, the parties shall cooperate to assure that both parties have reasonable amounts of water to supply to their customers. 6. GROUNDWATER CHARGES. CAL WATER shall have no obligation for groundwater charges, or related taxes, including but not limited to pump taxes, fees or penalties levied with respect to the groundwater producing facility operated on the Facilities or the Property during the term of this Agreement or in a renewal or extension thereof. 7. OPERATIONS ON THE FACILITIES All operations conducted on the Facilities by CITY or CAL WATER shall be conducted in accordance with all governmental laws, rules and regulations. 7.1. CAL WATER agrees it will undertake no activity on the Facilities that would limit or hinder in any way CITY's ability, upon the termination of this Agreement, to use the Facilities then owned by CITY for water treatment and supply purposes. CITY acknowledges that the activities to be undertaken by CAL WATER pursuant to this Agreement will not violate this Section 7.1. 7.2. CITY and CAL WATER shall each have the right to enter arid inspect the Facilities at any time to ascertain that the terms of this Agreement are being followed. 7'.3. CITY makes no covenants or warranties respecting the structural condition of the soil or sub-soil of the Property. CITY warrants and represents that the Facilities have been or will be constructed in accordance with plans and specifications approved by CITY and CAL WATER pursuant to the Cost Sharing Agreement. Land Agreement S:~2003 CONTRACTS\Copy of Joint Use Agreement 070102 clean revised.doc May 13, 2002 -- Page 4 of 19 Pages -- 7.4. CAL WATER and CITY shall each, without limitation, comply wiih all rules and regulations affecting its operations in the Facilities that govern the control of mosquitoes in the operation of the Facilities. CITY shall bear any and all costs of mosquito abatement chargeable to the Facilities. 7.5. CAL WATER and CITY shall not place any waste or trash of any type upon the Facilities or the Property, except in containers specifically designed for such purpose and pending regular removal thereof by CITY in accordance with customary practices for water facilities. 7.6. CAL WATER and CITY shall not commit any waste on the Facilities or the Property; CAL WATER and CITY shall not maintain or commit any nuisance as defined in Section 3479 of the California Civil Code on the Facilities or the Property and CAL WATER and CITY shall not use the Facilities or the Property for any unlawful purpose. 8. HAZARDOUS SUBSTANCES. 8.1 Definitions and Permitted Uses. The term "Hazardous Substance" as used in this Agreement shall mean any product, substance or waste whose presence, use, manufacture, disposal, transportation, or release, either by itself or in combination with other materials expected to be on the Facilities or the Property, is regulated or monitored by any governmental authority under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ("CERCLA"), as heretofore or hereafter amended from time to time and/or the applicable provisions of the California Health and Safety Code and the California Water Code. Hazardous Substances shall include, but not be limited to, hydrocarbons, petroleum, gasoline, and/or crude oil or any products, byproducts or fractions thereof. CITY hereby represents and warrants that CITY has no knowledge of any release (as defined in California Health and Safety Code Sections 25320 and 25321) of Hazardous Substances located on or beneath the Property and CITY has not been required by any governmental agency to undertake any remediation activity with respect to Hazardous Substances on the Property. Neither CITY nor CAL WATER shall engage in any activity in or on the Property that constitutes a Reportable Use of Hazardous Substances without the express prior written consent of the other party and timely compliance (at the expense of the party using the Hazardous Substance) with all Applicable Requirements. "Reportable Use" shall mean (i) the installation or use of any above or below ground storage tank for Hazardous Substances, (ii) the generation, possession, storage, use, transportation, or disposal of a Hazardous Substance that requires a permit from, or with respect to which a report, notice, registration or business plan is required to be filed with, any governmental authority, and or (iii) the presence at the Facilities of a Hazardous Substance with respect to which any Applicable Requirements require that a notice be given to persons entering or occupying the Facilities or neighboring properties. Notwithstanding the foregoing, CITY and CAL Land Agreement S:~003 CONTRACTS\Copy of Joint Use Agreement 070102 clean revised.doc May 13, 2002 -- Page 5 of 19 Pages -- WATER may each use any Hazardous Substances reasonably required for such party's water production, treatment and storage activities, so long as such use is in compliance with all Applicable Requirements. 8.2. Duty to Inform. If either CITY or CAL WATER knows, or has reasonable cause to believe, that a Hazardous Substance has come to be located in, on, under or about the Facilities or the Property, other than as permitted pursuant to Section 9.1 of this Agreement, such party shall immediately give written notice of such fact to the other party, and provide the other party with a copy of any report, notice, claim or other documentation which it has concerning the presence of such Hazardous Substance. 8.3. Remediation. CAL WATER shall not cause or permit any Hazardous Substance to be spilled or released by it in, on, under, or about the Property or the Facilities. CITY shall not cause or permit any Hazardous Substance to be spilled or released by it or by third parties in, on, under or about the Facilities or the Property. CITY and CAL WATER shall each promptly comply, at such party's expense, with all Applicable Requirements and take all investigatory and/or remedial action reasonably recommended, whether or not formally ordered or required, for the cleanup of any contamination of, and for the maintenance, security and/or monitoring of the Facilities and the Property, or neighboring properties, that was caused or materially contributed to by such party in violation of the requirements of this Section 9.3. 8.4. Indemnifications 8.4.1 CAL WATER shall indemnify, defend and hold CITY, its agents, employees and lenders harmless from and against any and all damages, liabilities, judgments, claims, expenses, penalties, and attorneys' and consultants' fees arising out of or involving any Hazardous Substance brought onto the Facilities by or for CAL WATER (provided, however, that CAL WATER shall have no liability under this Agreement with respect to underground migration of any Hazardous Substance under the Property from areas outside of the Property not caused or contributed to by CAL WATER). CAL WATER's obligations shall be limited to the effects of any contamination or injury to person, property or the environment created by CAL WATER, and the cost bf investigation, removal, remediation, restoration and/or abatement, and shall survive the expiration or termination of this Agreement. No termination, cancellation or release agreement entered into by CITY and CAL WATER shall release CAL WATER from its obligations under this Agreement with respect to Hazardous Substances, unless specifically so agreed by CITY in writing at the time of such agreement. 8.4.2 CITY shall indemnify, defend and hold CAL WATER, its agents, employees and lenders, harmless from and against any and all loss and/or damages, liabilities, judgments, claims, expenses, penalties, and attorneys' and consultants' fees arising out of or involving any Hazardous Substance brought onto the Facilities by or for CITY, or any third party. CITY's obligations shall include, but not be Land Agreement S:',2003 CONTRACTS\Copy of Joint Use Agreement 070102 clean revised.doc May 13, 2002 -- Page 6 of 19 Pages -- limited to, the effects of any contamination or injury to person, property or the environment created or suffered by CITY, and the cost of investigation, removal, remediation, restoration and/or abatement, and shall survive the expiration or termination of this Agreement. No termination, cancellation or release agreement entered into by CITY and CAL WATER shall release CITY from its obligations under this Agreement with respect to Hazardous Substances, unless specifically so agreed by CAL WATER in writing at the time of such agreement. 9 INSURANCE HAZARDS. Neither CAL WATER nor CITY shall commit any hazardous acts on the Facilities, nor use the Facilities in any manner that will increase the existing rates for, or cause the cancellation of any insurance policy applicable to the Facilities, any improvements or to either party's operations hereunder or either party's future use of the Facilities for water treatment and supply purposes. 10. INSURANCE. 10.1' CAL WATER'S INSURANCE. CAL WATER shall procure and maintain for the duration of this Agreement the following types and limits of insurance ("basic insurance requirements" herein): 10.1.1. Automobile liability insurance, providing coverage on an occurrence basis, if available at a reasonable cost, otherwise on a claims made 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 provide coverage for owned, non-owned and hired autos. 10.1.2. Broad form commercial general liability insurance, providing coverage on an occurrence basis, if available at a reasonable cost, otherwise on a claims made basis, for bodily injury, including death, of one or more persons, property damage and personal injury caused by the negligence or misconduct of CAL WATER, its officers, employees or agents, with limits of not less than One Million Dollars ($1,000,000) per occurrence; and the policy shall: 10.1.2.1. Provide contractual liability coverage for the terms of this Agreement. 10.1.2.2. Contain an additional insured endorsement in favor of the CITY, its mayor, council, officers, agents, employees and designated volunteers. 10.1.3. Workers' compensation insurance with statutory limits and employer's liability insurance with limits of not less than One Million Dollars ($1,000,000) per occurrence. Land Agreement S:~003 CONTRACTS\Copy of Joint Use Agreement 070102 clean revised,doc May 13, 2002 -- Page 7 of 19 Pages -- 10.1.4. All policies required of CAL WATER shall be primary insurance as to CITY, its mayor, council, officers, agents and employees and any insurance or self-insurance maintained by CITY, its mayor, council, officers, agents and employees on claims resulting from the negligence or misconduct of CAL WATER, its officers, employees or agents, shall be excess of CAL WATER's insurance and shall not contribute with it. Additional insured endorsement shall use ISO form CG20 10 11 85, if available, (in no event with an edition date later than 1990). 10.1.5. Except for workers' compensation, insurance is to be placed with insurers with a Bests' rating of no less than A:V. 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:V, must be declared prior to execution of this Agreement and approved by the CITY in writing. 10.1.6. All policies shall contain an endorsement providing CITY with ten (10) 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. 10.1.7. The insurance required hereunder shall be maintained during the entire period, including any extension thereof, of the Term of this Agreement. 10.1.8. CAL WATER shall furnish the City Risk Manager with a certificate of insurance and required endorsements evidencing the insurance required. Failure to maintain all insurance required hereunder shall be a material breach of this Agreement. 10.1.9. CAL WATER is solely responsible for the payment of all insurance premiums on insurance to be maintained by CAL WATER under this Agreement. 10.1.10. CAL WATER's liability to CITY shall not in any way be limited to or affected by the amount of insurance obtained and carried by CAL WATER in connection with this Agreement. 10.1.11 Unless otherwise approved by CITY, if this Agreement is assigned or subleased, the "basic insurance requirements" set forth above shall be provided by, or on behalf of, all assignees or sublessees even if CITY has approved lesser insurance requirements for CAL WATER. 10.2 CITY'S INSURANCE. CITY shall procure and maintain for the duration of this Agreement the following types and limits of insurance: Land Agreement S:~2003 CONTRACTS\Copy of Joint Use Agreement 070102 clean revised.doc May 13, 2002 -- Page 8 of 19 Pages -- 10.2.1. Automobile liability insurance, providing coverage on an occurrence basis, if available at a reasonable cost, otherwise on a claims made 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 provide coverage for owned, non-owned and hired autos. 10.2.2. Broad form commercial general liability insurance, providing coverage on an occurrence basis, if available at a reasonable cost, otherwise on a claims made basis, for bodily injury, including death, of one or more persons, property damage and personal injury, caused by the negligence or misconduct of CITY, its mayor, employees and agents, with limits of not less than One Million Dollars ($1,000,000) per occurrence; and the policy shall: 10.2.1.1 Provide contractual liability coverage for tl~e terms of this Agreement. 10.2.1.2. Contain an additional insured endorsement in favor of the CAL WATER, its officers, agents and employees. 10.2.3. Workers' compensation insurance with statutory limits and employer's liability insurance with limits of not less than One Million Dollars ($1,000,000) per occurrence. 10.2.4. All policies required of CITY shall be primary insurance as to CAL WATER, its officers, agents and employees and any insurance or self-insurance maintained by CAL WATER, its officers, agents and employees as to claims resulting from the negligence or misconduct of CITY, its mayor, council, officers, agents and employees, shall be excess of CAL WATER's insurance and shall not contribute with it. Additional insured endorsement shall use ISO form CG20 10 11 85, if available, (in no event with an edition date later than 1990). 11.2.5. Except for workers' compensation, insurance is to be placed with insurers with a Bests' rating of no less than A:V. 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:V, must be declared prior to execution of this Agreement and approved by the CAL WATER in writing. 10.2.6. All policies shall contain an endorsement providing CAL WATER with ten (10) 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 CAL WATER on demand. Land Agreement S:~2003 CONTRACTS\Copy of Joint Use Agreement 070102 clean revised.doc May 13, 2002 -- Page 9 of 19 Pages -- 10.2.7. The insurance required hereunder shall be maintained during the entire period, including any extension thereof, of the Term of this Agreement. 10.2.8. CITY shall furnish CAL WATER's Risk Manager with a certificate of insurance and required endorsements evidencing the insurance required Failure to maintain all insurance required hereunder shall be a material breach of this Agreement. 10.2.9. CITY is solely responsible for the payment of all insurance premiums on insurance to be maintained by CITY under this Agreement. 10.2.10. CITY's liability to CAL WATER shall not in any way be limited to or affected by the amount of insurance obtained and carried by CITY in connection with this Agreement. 10.2.11. Unless otherwise approved by CAL WATER, if this Agreement is assigned or subleased, the "basic insurance requirements" set forth above shall be provided by, or on behalf of, all assignees. 11. TAXES; PERSONAL PROPERTY. CAL WATER shall pay all real property taxes and assessments including possessory interest taxes, covering the CAL WATER's fixtures in or on the Facilities. CAL WATER shall pay all personal property taxes and assessments covering its personal property on the Facilities. All structures, installations and facilities placed on the Facilities by CAL WATER shall be and remain the property of CAL WATER so long as this Agreement is in effect. 12. REMOVAL OF CAL WATER'S EQUIPMENT. Within a reasonable time after the end of the Term or sooner termination of this Agreement, CAL WATER shall cause all CAL WATER's equipment to be removed and the Facilities to be rendered safe, to the extent required as a result of such removal and free from debris and hazards relating to such equipment or its removal. 13. MAINTENANCE. CITY and CAL WATER shall perform and share the cost of maintenance of the Facilities as provided in the Operations Agreement, as amended from time to time during the Term. Each party shall pay the cost of repair and replacement of its equipment within the Facilities. 14. LIENS. CAL WATER shall keep the Property and the Facilities free and clear from any and all liens, claims, and demands for work performed, materials furnished, or operations conducted thereon at the instance or request of CAL WATER. 15. TITLE AND QUIET ENJOYMENT. This Agreement is subject (a) to all existing easements, servitudes, licenses and rights-of-way for canals, ditches, levees, roads, highways, telegraph, telephone and electric power lines, railroads, pipelines and Land Agreement S:~.003 CONTRACTS\Copy of Joint Use Agreement 070102 clean revised.doc May 13, 2002 -- Page 10 of 19 Pages -- other utility purposes; whether recorded or not, and (b) to the rights of the CITY under any existing obligation affecting the Facilities or any portion thereof, whether recorded or not. Notwithstanding the foregoing, CITY represents and warrants to CAL WATER that CITY is the owner of the Property and that there are no claims or interests encumbering or to encumber the Property or the Facilities that will adversely impact the operations of CAL WATER in or on the Facilities and that CAL WATER shall have quiet enjoyment of the portion of the Facilities dedicated to CAL WATER's use during the Term of this Agreement. 16. ACTS CONSTITUTING DEFAULT. Any or all of the following actions shall constitute a default of this Agreement: 16.1. Use of the Facilities by either party for any purpose other than as authorized in this Agreement; or 16.2. Default by CAL WATER in the payment of the Use Fee when due; or 16.3. Abandonment or vacation of the Facilities by either party; or 16.4. A default by either party in the performance of any of the terms, covenants, or conditions hereof if not cured within thirty (30) days after prior written notice by the non-defaulting party to the other party; provided that if such default reasonably requires more than thirty (30) days to cure, the foregoing cure period shall be extended for the time reasonably required to cure the default so long as the defaulting party commences the cure within said thirty (30) days and diligently prosecutes it to completion. 17. REMEDIES. Upon occurrence of a default, the non-defaulting party shall have has any and all rights and remedies provided by law or equity, to which the non- defaulting party may resort cumulatively or in the alternative. Additionally, if CAL WATER is the defaulting party, CITY shall have the following remedies: 17.1. Termination. If CAL WATER is the defaulting party, CITY may, at CITY's election, terminate this Agreement by giving CAL WATER eighteen (15) months notice of termination. On expiration of eighteen (18) months after giving of said notice, all CAL WATER's rights to use of the Facilities shall terminate. Termination shall not relieve CAL WATER from the payment of any sum then due and owing to CITY or from any claim for damages previously accrued or then accruing against CAL WATER provided that all amounts due to CITY shall be reduced by the then fair market value of pipelines installed at CAL WATER's cost and remaining on the Facilities pursuant to Section 20.2, below. Land Agreement S:~2003 CONTRACTS\Copy of Joint Use Agreement 070102 clean revised.doc April 3, 2002 -- Page 11 of 19 Pages -- 17.2. Unpaid Past Rent. CITY shall be entitled at CITY's election to each installment of rent or to any combination of installments for any period before termination, plus interest.. 18. INSOLVENCY OF CAL WATER. The insolvency of CAL WATER as evidenced by a receiver being appointed to take possession of all, or substantially all, of the property of CAL WATER, the making of a general assignment for the benefit of creditors by CAL WATER, or the adjudication of CAL WATER as bankrupt under the Federal Bankruptcy Act, shall terminate this Agreement and entitle CITY to re-enter and regain possession of the Premises to the extent permitted by then applicable ban kruptcy statutes and other applicable law. 19. OWNERSHIP OF IMPROVEMENTS. 19.1. Exclusion of Existing Improvements. Except for equipment, pipelines and utility lines to be owned and paid for by CAL WATER pursuant to the Cost Sharing Agreement, title to improvements on the Facilities at the Commencement Date of this Agreement is retained by CITY. 19.2. Ownership of New Improvements During Term. Except for equipment, pipelines and utility lines to be owned and paid for by CAL WATER pursuant to Cost Sharing Agreement, and repairs and replacements thereof and/or additional equipment installed by CAL WATER, all equipment, pipelines and utility lines constructed on the Facilities by CITY shall be the property of CITY. Upon expiration or earlier termination of this Agreement, CAL WATER shall remove from the Facilities all equipment, pipelines and utility lines owned by CAL WATER., except that CAL WATER may, at its option, leave in place all underground water and utility lines. The parties agree for themselves and all persons claiming under them that the water storage tank and the pump station building are real property and shall be the property of CITY. 19.3. Ownership at Termination. 19.3.1. Acquisition by CITY. Upon mutual agreement of CITY and CAL WATER at the time of expiration or termination of this Agreement, all _or certain equipment, pipelines and utility lines owned by CAL WATER and located on the Facilities at the expiration of the Term or sooner termination of this Agreement and all stored water shall, upon payment to CAL WATER of the agreed upon consideration for such equipment, pipelines, utility lines and stored water, then become CITY's property free and clear of all claims to or against them by CAL WATER, and CAL WATER shall defend and indemnify CITY against all liability and loss arising from such claims. If CITY and 'CAL WATER have not entered into a written agreement with respect to the acquisition of such equipment, pipelines, utility lines and stored water prior to the date of expiration or earlier termination of this Agreement, CAL WATER shall have the right to remove all such equipment, pipelines, utility lines and stored water from the Facilities. · Land Agreement S:~2003 CONTRACTS\Copy of Joint Use Agreement 070102 clean revised.doc April 3, 2002 -- Page 12 of 19 Pages -- 19.3.2. CAL WATER's Duty to Remove. At the expiration or sooner termination of the Term, at CITY's election, CITY may demand the removal from the Facilities of all equipment, pipelines and utility lines owned by CAL WATER, except underground water pipelines and utility lines, which may be left in place at CAL WATER's election and all stored water in the water tank, provided that CAL WATER shall have eighteen (!8) months after such expiration or earlier termination tp remove its equipment, pipelines, utility lines and stored water. Upon removal of CAL WATER's equipment, pipelines and utility lines, CAL WATER shall leave the portion of the Facilities used by it in a "broom clean" condition. If CAL WATER fails to so vacate the Facilities and remove its property and stored water, CITY may reenter and take possession of the Facilities and eject all parties in possession, at CITY's option. A demand to take effect at the normal expiration of the Term shall be effected by notice given at any time within six (6) months before the expiration date. A demand to take effect on any other termination of the Agreement shall be effected by notice given in or concurrently with notice of such termination 20. NOTICE OF CITY'S DEFAULT; CITY shall not be considered to be in default under this Agreement unless (1) CAL WATER has given notice specifying the default, and (2) CITY has failed for twenty (20) days to cure the default, if it is curable, or to institute and diligently pursue reasonable corrective or ameliorative acts for noncurable defaults 21. ABANDONED PROPERTY.. All property that CAL WATER abandons at the expiration or earlier termination of the Term or any automatic extension thereof and after completion of its removal of equipment, pipelines, utility lines and stored water shall, at CITY's election, become CITY's property. 22. CITY'S GENERAL PROTECTIVE PROVISION. Except for the Use Fee for which no notice is required, in the event CAL WATER shall fail to pay and discharge or cause to be paid and discharged, when due and payable, any charge upon or in connection with the Facilities that it is obligated to pay under this Agreement, or any lien or claim for damages arising out of the construction, repair, restoration, replacement, maintenance, and use of the Facilities by CAL WATER, or any judgments, or other claim, charge, or demand that CAL WATER has agreed to pay or cause to be paid under the terms of this Agreement, and if CAL WATER, after twenty (20) days written notice from CITY to do so shall fail to pay or cure the same, then CITY may, at its option, pay, or cure any such lien, claim, charge or expense or settle or discharge any action therefore or judgment thereon, and all costs, expenses and other sums incurred or paid by CITY in connection of the foregoing shall be paid by CAL WATER to CITY upon demand. Land Agreement S:~003 CONTRACTS\Copy of Joint Use Agreement 070102 clean revised.doc April 3, 2002 -- Page 13 of 19 Pages -- 23. HOLDING OVER. This Agreement shall terminate without further notice at expiration of the Term. Any holding over by CAL WATER after expiration shall not constitute a renewal or extension or give CAL WATER any rights in or to the Facilities except as otherwise expressly provided in this Agreement. 24. ACCOUNTING RECORDS. CITY shall maintain accurate accounting records and other written documentation pertaining to the performance of this Agreement. Such records and documentation shall be kept at CITY'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 CAL WATER representatives upon request at any time during regular business hours. 25. ASSIGNMENT AND SUBLETTING. Neither this Agreement, nor any interest in it, may be assigned, sublet or transferred by CITY or CAL WATER without the prior written consent of the other party, except that CAL WATER may transfer, sublease or assign this Agreement to any parent or subsidiary company of CAL WATER that is engaged in the water treatment and supply business or to any entity that merges with CAL WATER (each such transferee being a "Permitted Transferee"). Any such assignment, subletting or transfer to a transferee other than a Permitted Transferee will be subject to such reasonable terms and conditions as CITY or CAL WATER, as applicable, may choose to impose. Except for Permitted Transferees, (a) an.y sublessee or assignee must agree, in writing, to abide by all the terms and conditions of this Agreement prior to the transfer of any interest herein, and (b) any sublessee or assignee must demonstrate, at a minimum, adequate financial capability and experience to CITY or CAL WATER, as applicable, prior to such party's approving any sublease or assignment. All documentation relating to showing financial capacity and experience shall be delivered to CITY or CAL WATER upon demand. 26. 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 successors and assigns. 27. COMPLIANCE WITH ALL LAWS. CITY and CAL WATER shall each, at its 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 use of the Facilities and/or the ownership and/or operation of the Facilities and 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 by CAL WATER of a City of Bakersfield business tax certificate (Bakersfield Municipal Code Chapter 5.02) where required. Land Agreement S:\2003 CONTRACTS\Copy of Joint Use Agreement 070102 clean revised.doc April 3, 2002 -- Page 14 of 19 Pages -- 28. CORPORATE AUTHORITY. Each individual signing this Agreement on behalf of an entity represents and warrants that he/she is, respectively, duly authorized to sign on behalf of the entity and to bind the entity fully to each and all of the obligations set forth in this Agreement. 29. 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. 30. 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. 31. 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. 32. 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. 33. INDEMNITY. 33.1 BY CAL WATER. CAL WATER shall indemnify, defend, and hold harmless CITY, its mayor, councilpersons, 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, to the extent arising out of or caused by the negligence or misconduct of CAL WATER, CAL WATER's employees, agents or independent contractors, or CAL WATER's breach of this Agreement. The foregoing indemnification shall not apply to the extent any indemnified matter is caused by the negligence or misconduct of an indemnified party 33.2. BY CITY. CITY shall indemnify, defend, and hold harmless CAL WATER, 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, to the extent arising out ofor caused by the negligence or misconduct of CITY, CITY's mayor, councilpersons, employees, agents or independent contractors, or CITY's breach of this Agreement. The foregoing indemnification shall not apply to the extent any indemnified matter is caused by the negligence or misconduct of an indemnified party Land Agreement S:~003 CONTRACTS\Copy of Joint Use Agreement 070102 clean revised.doc April 3, 2002 -- Page 15 of 19 Pages -- 34. MERGER AND MODIFICATION. All prior agreements between the parties related to joint use of the Facilities are incorporated in this Agreement which constitutes the entire agreement on such topic. The parties acknowledge that other aspects of their business relationship in connection with the Facilities are contained in , , nd the Operations Agreement. This Agreement is the Cost Sharing Agreeme.n.t .a . _, ,~.^~, ,,,~,,-,,,m nt with respect to joint use intended by the parties as a hnal expression o~ t-~., ,=~,~ .... e of the Facilities and may not be contradicted by evidence of any prior agreement or contemporaneous oral agreement. The parties further intend this Agreement constitutes the complete and exclusive statement of its terms and no extrinsic evidence whatsoever may be introduced in any judicial or arbitration proceeding involving this Agreement. This Agreement may be modified only in a writing approved by the City , Council and signed by all the parties. 35. NEGATION OF PARTNERSHIP. CITY and CAL WATER shall not become or be deemed partners or joint venturers or associates in any such relationship by reason of the provisions of this Agreement. Neither party shall for any purpose be considered an agent, officer or employee of the other party. 36. NON-INTEREST. No officer or employee of the CITY (CITY) shall hold any interest in this Agreement (California Government Code section 1090). obces relative to this Agreement shall be given in writing 37. NOTICES. All n ' .. - · ..... -~ -"ail and be effective and shall be personally served or sent by certiTiea or reg~stu~uu ,,, 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 Attention: Gene Bogart City Hall 1501 Truxtun Avenue Bakersfield, California, 93301 Telephone: (661) 326-3715 CAL WATER: CALIFORNIA WATER SERVICE COMPANY 1720 North First Street San Jose, CA 95108 Attention: Vice President- Engineering Telephone: (408) 367-8200 Land Agreement S:'~003 CONTRACTS\Copy of Joint Use Agreement 070102 clean revised.doc Apr~ 3, 2002 -- Page 1 6 of 1 9 Pages -- 38. TAX NUMBERS. CAL WATER's Federal Tax Identification No. 94-0362795. CAL WATER is a corporation? Yes x No (Please check one.) 39. TIME OF EFFECTIVENESS. Unless otherwise provided, this Agreement shall take effect when all of the following events have occurred: 39.1 This Agreement has been signed on behalf of the CAL WATER by the person(s) authorized to bind the CAL WATER hereto; 39.2 This Agreement has been approved by the CITY's Council; 39.3 This Agreement has been signed by the appropriate CITY Department; 39.4 The Office of the City Attorney has signed; 39.5 The Office of the City Finance Director has signed; and 39.6 This Agreement has been signed on behalf of the City by the Mayor or Vice-Mayor. 40. 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. 41. SINGULAR AND PLURAL. The singular number includes the plural whenever the context so requires. 42. PRE-JUDGMENT INTEREST. In the event of a default by any party to this Agreement, the non-defaulting party shall be allowed to recover interest on all damages at the legal rate from the date of the breach. 43. MINERAL INTERESTS. CITY reserves the exclusive right to all minerals, including but not limited to, oil, gas and hydrocarbon substances, within or underlying said land, or that may be produced therefrom, and to prospect on said land for water and said minerals and to mine, drill for and remove the same. This Agreement is made subject to restrictions and conditions of record, to any and all easements and rights-of- way to any and all outstanding interest in, and rights to, minerals and mineral ores, including but not limited to, oil, natural gases, hydrocarbon substances, geothermal Land Agreement S:~2003 CONTRACTS\Copy of Joint Use Agreement 070102 clean revised.doc Apdl 3, 2002 -- Page 17 of 19 Pages -- steam, brines and minerals in solution and sand, gravel and aggregates, in and underlying the Property. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed, the day and year first-above written. "CITY"/"CITY .... CAL WATER" CITY OF BAKERSFIELD CALIFORNIA WATER SERVICE By:. By.'. HARVEY L. HALL, Mayor Title: By: Title: APPROVED AS TO CONTENT: WATER RESOURCES DEPARTMENT By. GENE BOGART Water Resources Manager APPROVED AS TO FORM: BART J. THILTGEN City Attorney By ALAN D. DANIEL Deputy City Attorney Insurance: COUNTERSIGNED: By:, GREGORY J. KLIMKO Finance Director Attachment: Exhibit "A" ADD:Isc Land Agreement S:~003 CONTRACTS\Copy of Joint Use Agreement 070102 clean revised.doc April 3, 2002 -- Page 18 of 19 Pages -- 8). NEW BUSINESS (CONTINUED) C. PARTICIPATION IN ANNUAL WATER AWARENESS PROGRAM WITH BAKERSFIELD CONDORS - For Board Approval BAKERSFIELD CONDORS 2002-2003 SCHEDULE October December February SUN MON TUE WED THUR FRI SAT SUN MON TUE WED THUR FRI SAT SUN MON TUE WED THUR FRI SAT 6 7 8 9 10 11 Z2];~i:~]';i' 8 9 10 11 12 ~]: ~![ ~:f: i,4:!:;'::3!:! 2 3 4 5 6 7 ~,i:~8~ii,~;]~r 27 28 29 30 31 29 30 31 23 24 25 26 27 28 @SAN .~SAN @LQB @ANC November January March SUN MON TUE WED THUR FRI SAT SUN MON TUE WED THUR FRI SAT SUN MON TUE WED THUR FRI SAT G~E TIMES: Unl~ othe~m ~, all Condo~ 3o home games ~11 ~in at 7:~pm. (*) n~tes Pre-~ea~on g~e. I April Teams Home Game sun MON TUE W~D ~UR FRI ANC - Anchorage BAK - Bakersfield z 2 3 ;~ ~,~5~[~:~ FRE- Fresno IDA- Idaho -- LGB - Long Beach SAN - San Diego 6 661.324-PUCK (7825) BAKERSFIELD CONDORS PROFESSIONAL HOCKEY 2002-03 SPECIAL EVENT SCHEDULE as of December 26, 2002 Oct. 5, Sat. Pre-Season Game / Cheer Shaker Giveaway^^ Oct. 12, Sat. Schedule Magnet Giveaway^^ Oct. 19, Sat. Bobblehead Doll Giveaway Oct. 20, Sun. Airwave Dave as Austin Powers / Skate with the Condors Nov. 2, Sat. Bakersfield's Best Poster Giveaway^^ Nov. 6, Wed. College/High School ID Discount Night / Condors Safety Fair Nov. 10, Sun. Veterans Day Jersey Off Our Back Raffle & Auction Nov. 15, Fri. Team Photo Giveaway^^ Nov. 23, Sat. Backpack Giveaway Nov. 30, Sat. Teddy Bear Toss Dec. 3, Tue. Shoe Collection Dec. 13, Fri. Team Calendar Giveaway*** Dec. 14, Sat. Jersey Giveaway Dec. 22, Sun. Cheer Sign Giveaway^^ / Skate with the Condors Dec. 26, Thurs. Player Poster Giveaway^^ / Canadian Boxing Day Jan. 10, Fri. Notebook Giveaway Jan. 11, Sat. ZOOperstars Jan. 15, Wed. Project Warm Families Jan. 19, Sun. Metal Blade Pre-Game Jersey Off Our Back Raffle & Auction Jan. 24, Fri. Team Card Set Giveaway*** Jan. 25, Sat. Bobblehead Doll Giveaway Jan. 31, Fri. Long Sleeve T-shirt Giveaway** Feb. 1, Sat. Oakland Raiderettes Feb. 8, Sat. The Blues Brothers Feb. 9, Sun. Cheer Sign Giveaway^^ Feb. 12, Wed. College/High School ID Discount Night Feb. 21, Fri. SpongeBob Squarepants & Jimmy Neutron, Boy Genius Feb. 22, Sat. Metal Lunch Pail Giveaway Mar. 4, Tue. Mardi Gras Bead Giveaway* Mar. 9, Sun. Player Poster Giveaway^^ / Season Ticket Holder Skate with the Condors Mar. 15, Sat. Jersey Off Our Back Raffle & Auction Mar. 21, Fri. Skyy Dogs USA Mar. 22, Sat. The Famous Chicken Mar. 28, Fri. CD Wallet Giveaway** Mar. 29, Sat. Beanie Giveaway Apr. 4, Fri. Rug Rats Apr. 5, Sat. Cap Giveaway** Condors Fiesta on Centennial Plaza before Sunday games on Oct. 20, Nov. 10, and Mar. 9. All dates and events are subject to change. First 2,000 children receive giveaway item except as noted ^ first 1,000 children receive an item * first 1,000 fans receive an item ** first 2,000 fans receive an item *** first 3,000 fans receive an item ^^ everyone receives an item CALL 324-PUCK FOR TICKETS AND INFORMATION www.condorsonline.com 8). NEW BUSINESS (CONTINUED) D. DOMESTIC WATER DIVISION 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 (effective April 1, 2002) Proposed Rates October 1, 2003 Within Fairhaven & Within Fairhaven & City Limits Unincorp- City Limits Unincorp- orated Areas orated Areas Quantity Rates: First 30(~,000 cu. ft./month $0.56 $0.71 $0.56 $0.71 (per 100 cu. ff./month) All over 300,000 cu. ff./month $0.51 $0.65 $0.51 $0.65 (per 100 cu. ft./month) Monthly Readiness-To-Serve Charge: 5/8" x 3/4" Service $6.90 $9.07 $7.90 $10.27 1" Service $10.51 $13.86 $12.03 $'15.64 1-1/2" Service $16.03 $20.98 $18.35 $23.86 2" Service $21.83 $28.63 $24.99 $32.49 3" Service $40.33 $52.87 $46.17 $60.03 4" Service $58.63 $76.53 $67.13 $87.27 6" Service $105.37 $137.00 $120.64 $156.83 8" Service $161.97 $210.26 $'i85.44 $24'1.08 10" Service $223.26 $288.80 $255.62 $332.30 IMonthly Private Fire Protection Service Charge: 1-1/2" Connection $6.30 $8.15 $7.2'1 $9.38 2. Connection $8.40 $10.90 $9.62 $12.50 3" Connection $12.60 $16.35 $'14.43 $18.75 4" Connection $16.80 $21.80 $'19.23 $25.0'1 6" Connection $25.20 $32.45 $28.85 $37.51 8" Connection $33.60 $43.60 $38.47 $50.0'1 10" Connection $42.00 $54.25 $48.09 $62.51 12" Connection $50.40 $65.15 $57.70 $75.02 "Monthly Readiness-To-Serve Charge" is applied to all services and any quantity of water used is an additional charge computed at the quantity rate. Conditions of service remain the same. C:~123-DATA~%ATECMP2.WK3 WATER RATE COMPARISON Purveyors within Urban Bakersfield Area $35.00 $29.92 $30,98 $30.00 ~.oo Sz~.~ $24.20 ~2o. oo $22.58 - $~s. oo _ $10.00 __ ~5.oo Legend __ · 10/03 PROPOSED RATE INCREASE $1.00 ~ [] AVERAGE MONTHLY WATER BILL $0.00 I EAST NILES C.S.D VAUGHN WATER CO. CITY OF BAKERSFIELD NORTH OF THE RIVER CALIFORNIA WA TLR SERVICE WATER PURVEYOR NOTE' Average based on 28 CCF per month 8). NEW BUSINESS (CONTINUED) E. EXTENSION OF OILFIELD WASTEWATER DISPOSAL CONTRACTS - For Board Approval · NORTH KERN WATER STORAGE DISTRICT 33380 Cawelo Avenue P.O. Box 81435 Bakersfield, CA 93308-9575 Bakersfield, CA 93380-1435 Telephone (661) 393-2696 Facsimile (661) 393-6884 December 18,2002 Chevron Texaco City of Bakersfield Mr. Bruce Niemeyer Water Resources Depa~ment Kern River Area Manager Attn: Gene Boga~ 1546 China Grade Loop 1000 Buena Vista Road Bakersfield, CA 93308-9700 Bakersfield, CA 93311 RE: Interim Letter Agreement Extending Existing Discharge Contracts The current discharge contracts, City of Bakersfield Number 99-211 with Texaco and City of Bakersfield Number 99-211 with Chevron, both expire December 31, 2002. In order to allow more time for the examination of a new contract, the current term of the contract is extended to March 30, 2003. It is understood that no other conditions change in the existing contracts. If the above correctly sets forth our understanding, please sign each of the three originals and return to our office and we will return a fully executed original to you. Very truly yours, DANA S. MUNN Engineer-Manager Chevron Texaco City of Bakersfield Mr. Bruce Niemeyer .9o/Gene Bogart C:~Callowaybacktq>\M UN NVl'exaco(Chevron )lnleriml_etterAgm'~t Extending F. xistingDischa rgc 1202.wpd