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WATER BOARD - CITY OF BAKERSFIELD
ADJOURNED REGULAR MEETING
MONDAY, AUGUST 7, 1978
4:30 P. M.
Call meeting to order.
Roll Call - Board Members: Rogers, Chairman; Barton, Bergen, 'Hoagland,
Ratty
1. Approve minutes of regular meeting of August 2, 1978.
2. Scheduled Public Statements
3. Letter from Olcese'Water District to the Water Board dated
August 2, 1978, regarding temporary accomodations between
Olcese Water District, Buena Vista Water Storage District,
and Henry Miller Water District. - BOARD TO DETERMINE ACTION.
4. Staff Comments
5. Board Comments
6. Adjournment
MINUTES
WATER BOARD - CITY OF BAKERSFIELD
WEDNESDAY, AUGUST 2, 1978
4:00 P. M.
The meeting was called to order at 4:00 P.M. in the City Hall
Caucus Room.
The Secretary called the roll as follows:
Present: Rogers, Barton, Bergen, Hoagland
Absent: Ratty
Staff Present: Chafin, Bogart, Combs, Deitz, Needham, Hostmyer
Others Present: George Nickel, President, Nickel Enterprises,
Tom Clark, Nicket Enterprises, Mrs. Jean Swigart, Mrs. Mariam
Boynton, Mrs. Marsha Davis.
The minutes from the meeting-' of June 28,-1978, were approved
as presented.
SCHEDULED PUBLIC STATEMENTS
Mrs. Jean Swigart, 213 E1 Rio Drive, Stockdale Estates addressed
the board at this time in opposition to the 50 per cent surcharge
and the rate increase in her area. Mrs. Swigart presented to
the board a detailed outline comparison of a study she had made
on domestic water rates. At this time Mr. Barton gave an expla-
nation of the domestic water sYstem and rates. Mr. Bergen com-
. ~mented the board was required to increase the rates a larger
percentage because Tenneco West, Inc. had not increased the rate
structure to make the water operation self-supporting. They may have
looked at their total operation including sales. The City made
a commitment to the City tax payers that we would operate the
system on a self-supporting basis. Mr. Ken Deitz, of Stetson
Engineers, Inc., also addressed the board as to how the figures
for the rate increase were derived.
Mrs. Mariam Boynton~ 305 Starmount, at this time spoke Out in
oppositiqn to the surcharge and rate increase and presented a
letter to the Water Board showing a comparison between her 1976
and 1978 water bills.
Mrs. Marsha Davis, 3101 Starmount Lane, Stockdale Estates,
at this time stated that she felt that the increase and surcharge
had more than doubled her water bill. She'also presented her
past water bills to the board. Mr. Rogers commented these
specific complaints show a substantial larger increase than
the rates approved by the board. Mr. Bergen made a motion that
the staff investigate these specific cases and a random sample of
others to determine why some bills appear to exceed the rate
increase approved and come back to the board with this report
within a month. The motion was passed.
Mr. Bergen requests the staff telephone those individuals
present so they can attend the meeting when the staff report
is presented.
The Agricultural Water Enterprise Operating and Capital Budget
was presented to the board for approval. After review Gene
Bogart, Superintendent of the Department of Water, outlined
those items appearing on the Capital Outlay Budget for the
period July 1, 1978 to June 30, 1980. Mr. Chafin explained
that the existing river weirs were in such a deteriorated
condition that failure could occur at any time. He then
explained that the consulting firm of Ricks, Taylor and Associates
had been retained by the Kern River Interests to make preliminary
engineering studies toward the replacement of 1st and ~2nd point
of measurement and the Beardsley and Rocky Point River weirs.
Manager Chafin said the Department of Water's share Of this..
engineering and feasibility study would be approximately $7000
for river weirs and $1000 for the measuring stations. After
general discussion, Mr. Barton made a motion that the Agri-
cultural and Capital Budget be approved. The motion was.passed.
At this~time, Mr. George Nickel, representing Olcese Water-
District Presented a letter agreement to the board stating
~--that Olcese has not objeCtion to a temporary or subsequent
permanent agreement with Buena Vista Water Storage District.
Water Manager Chafin suggested that the Water Board receive
Mr. Nickel's letter for staff review and an adjourned meeting
be called Monday, August 7, 1978 for staff report at 4:30 P.M.
in the City Hall, Caucus Room.
Mr. Bergen made a motion that the letter be received and referred
to the staff with action to be taken at our adjourned meeting.
The motion was passed.
Domestic Water Enterprise Operating and Capital Budget review
was presented to the board for approval. Mr. Kim Combs,
Accountant for the Department of Water stated that the same
format had been followed as with the Agricultural Budget for
the current fiscal year 1978-1979. We are projecting a portion
of revenues from operations which we will be putting into our
Capital Improvements that are needed in our domestic water
system. After further discussion upon a motion by Mr. Hoagland
which was passed, the Domestic Water Enterprise budget was
approved.
A letter was presented to the board from California Water Service
Company by Kim Combs requesting that he be given permission to
turn the net debit balance of $899.50 over to the collection
agency. Mr. Hoagland made a motion that the board give permission
to have the above debit amount.turned over for collection to
recover what we can. The motion was passed.
There being no further business to come before the board,
Chairman Rogers adjourned the meeting at 5:25 P.M., to be continued
to 4:30 P.M., Monday, August 7, 1978, in the City Hall Caucus Room,
for the purpose of acting upon the letter agreement presented by
George Nickel that was received and referred to the staff.
Donald A. Roge~rs,~airman
~ ~~ City of Bakersfield~Water Board
~i~da Hostmyer, Secret~ry
City of Bakersfield Water Board
ADMINISTRATIVE OFFICE -- I lO NEW STIHL, SUITE N -- P, O. BIN 9448 -- BAKERSFIELD, CALIFo 93309 -- (805) 832-6963
August 2, 1978
Donald A. Rogers, Chairman
City of Bakersfield Water Board
1501 Truxtun Avenue
Bakersfield, California 93301
Dear Mr. Rogers:
Reference is made to Agreement #77-07 dated November 9, 1977 which
provides for percolation and subsequent extraction of River water
to be used in the City of Bakersfield and Olcese Water District.
Under such agreement, Olcese is to install certain wells that will
be transferred in ownership to City. You have requested that the
p. urpose of these wells can be expanded to accommodate a temporary,
and possibly later a permanent, agreement between City and the
Buena Vista Water Storage District and Henry Miller Water District.
This letter is to advise you that 01cese has no objection to
accommodating City in the proposed temporary, or subsequent permanent~
agreement with Buena Vista Water Storage District and Henry Miller
Water District. ,O~c~e~_e will arrange to install before the month o~f
~J~u~ly, 1979, suf~ficient wells to produce a minimum flow of-2~,00-0
~a~cre-feet per month. If this amount ~of water is required by Buena
Vista Wate~r Storage District and Henry Miller Water DistriCt, Olcese
will make no claim on this amount of water during any temporary or
permanent agreement that City may enter into with Buena Vista Water
Storage District and Henry Miller Water District.
S~ n~'e'r ely,
0LCES~ WATER DISTRICT
-~George W. Nickel, Jr., President
GWN: rjp
Executed this day of August, 1978. Attest:
Donald A. Rogers, Chairman Secretary
City of Bakersfield Water Board Olcese Water District
C~EORGE W. NICKEL, JR. AND LOST HILLS FARMING COMPANY, DBA NICKEL ENTERPRISES, A GENERAL PARTNERSHIP
SAN JUAN RANCHING COMPANY KERN RIVER DELTA FARMS LOST HILLS ALFALFA COMPANY
LOST HILLS MOBILE HOME PARK RIO BRAVO RANCH RIO I~RAVO SECURITY PATROL
LOST HILLS CATTLE COMPANY
ADDENDUM
WATER BOARD - CITY OF BAKERSFIELD
WEDNESDAY, JUNE 28, 1978
4:00 P.M.
e
a. Letter Agreement to George Nickel amending Agreement No. 77-07
dated November 9, 1977. - FQR DISCUSSION, BOARD TO DETERMINE
ACTION.
?'T Y o F
~~~:~~~~~L~ CALl FORNIA ~~~-
DEPARTMENT OF WATER
June 27, 1978
George W. Nickel, Jr.
Olcese Water District
P. O. Bin 9448
Bakersfield, California 93309
Dear Mr. Nickel:
Pursuant to your request to amend Agreement No. 77-07 dated November
9, 1977, which provides for percolation and subsequent extraction of
river water to be used within the City of Bakersfield and Olcese Water
District, we will approve the following under.standing:
This letter will constitute an agreement between the City of Bakers~
field (~ity) and Olcese Water District (Olcese) whereby Olcese may
deliver water stored and extracted from the City's Kern River spread-
ing area to areas outside of the City and Olcese.
The following conditions shall apply:
(1) The first priority for Olcese water extracted from the Kern River
sPreading grounds shall be for the water requirements of lands within
the City and within Olcese.
(2) Unless mutually agreed to by the City and Olcese, water extracted
under this agreement shall be limited to irrigation uses.
(3) The amount of water eligible for extraction and use outside of
City and outside of Olcese under this agreement each year shall be
determined as follows:
a0 On or about August 1st of each year, the City and
Olcese shall determine the total amount of Olcese
Water in storage at the City's Kern River spread-
ing grounds,
1501 TRUXTUN AVENUE · BAKERSFIELD, CALIFORNIA 93301 · (805) 861-2715
Page 2
b. Concurrent with the calculations in paragraph 3(a)
above, the City and Olcese shall estimate the re-
sonable water needs of lands within the City and
within Olcese for the following seven-year period,
which water needs would be dependent upon Olcese
spread water for their source of supply.
c. The amount of water eligible for extraction for
use on lands outside the City and outside Olcese
in the following calendar year shall be the dif-
ference between the quantities calculated in
paragraph 3(a) less 5,000 acre-feet and 3(b) above.
Example:
(3)a. Olcese water in storage 8-1-78 = 68,000 AcFt
Less ~'5','000
Net in storage 6~,006 AcFt
(3)b, Projected requirements in City
and in Olcese 35,000 AcFt
(3)~, :Available for sale for irrigation
outside City and outside Olcese 28,000 AcF.t
(4) Water extracted under this agreement shall be considered Olcese
water with respect to allocation of Operational Maintenance and Re-
placement (OM&R) costs under Article III A, of the November 9, 1977
Agreement between the City of Bakersfield and Olcese Water District.
(5) Olcese shall pay to the City for the extraction of such water
sold for use outside of City and outside of Olcese Three Dollars ($3)
per acre foot subject to Article III D of the November 9, 1977 Agree-
ment. Any such~.water sold in place will bear the same charge.
(6) ~Olcese is to proceed im~_~e~_iately with construction of improve-
ments, including wells, on the 'City's 2800 acres, in accordance with
Article I of Agreement No. 77-07.
(7) Olcese shall indemnify City, its officers and employees for any
liability for injury to, or death of, any person or damage to any
property caused by negligence or the operation of this agreement.
Page 3
(8) In the event City is compelled to resort to litigation for the
performance of conditions of this agreement including any payment
due the City by Olcese, court costs and attorney's fees shall be
paid by Olcese.
If this agreement is acceptable to you please execute in the space
provided below and return one executed copy to the City of Bakersfield
Water Board.
Sincerely,
Donald A. Rogers, Chairman
City of Bakersfield Water Board
DAR:lh
Executed this~ ~day of June, 1978.
~3~eorge W. Nickel, Jr., Presld~h~~
Olcese Water' District
Attest:
Secretary,
Olcese Water District