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HomeMy WebLinkAbout06/03/81 AGENDA WATER BOARD - CITY OF BAKERSFIELD WEDNESDAY, JUNE 3, 1981 4:00 P.M. Call meeting to order Roll Call - Board Members: Barton, Payne, Ratty, Kelmar, Oberholzer 1. Approve minutes of regular meeting of May 27, 1981. 2. Scheduled Public Statements 3. Correspondence Incoming: None Outgoing: Response to George Nickel, Jr. recent letters received by the ~ board.. 5. Master Plan Spreading Agreement for community participation in City's 2800 acre recharge facility. - ACTION ON THIS MATTER DEFERRED FROM MAY 27, 1981 WATER BOARD MEETI)[G. 6. Thomas M. Stetson report to the Water Board regarding the Miracle-Cottonwood Power Project. - FOR BOARD INFOP~TION. 7. STaff Comments 8. Board Comments 9. Adjournment MINUTES WATER BOARD - CITY OF BAKERSFIELD WEDNESDAY, MAY 27, 1981 4:00 P.M. The meeting was called to order by Chairman Barton in the Depart- ment of Water Conference Room. The secretary called the roll as follows: Present: Barton, Payne, Ratty, Oberholzer Absent: Kelmar Staff Present: Bogart, Chafin, Core, Hatch, Hostmyer, Stetson Others Present: Bob Bellue, District Engineer - Kern County Water Agency Mary Collup, District Manager, Rosedale-Rio Bravo Water Storage District C. H. Williams, Engineer-Manager, North Kern Water Storage District The minutes from the meeting of April 29, 1981, were approved as presented. SCHEDULED PUBLIC STATEMENTS 1) George Nickel, Jr. - Comments on City 2800 acres. Mr. Nickel was not present at this time. CORRESPONDENCE a) Letter from George Nickel, Jr. to Water Board dated May 4, 1981. Mr. Oberholzer made a motion.that the letter be received and placed on file. The motion was passed. b) Letter from George Nickel, Jr. to Water Board dated May 5, 1981. Mr. Oberholzer made a motion that the letter be received and placed on file. The motion was passed. c) Letter from George Nickel, Jr. to Water Board dated May 8, 1981. Mr. Oberholzer made a motion that the letter be received and placed on file. The motion was passed. Mr. Hatch at this time stated that he was preparing a draft re- sponse to these letters for board consideration. Agreement between California state Water Resources Control Board and City of Bakersfield for groundwater quality management planning grant was presented to the board for consideration to authorize Project (Water) Manager to sign. At this time Water Superintendent Core brought the board up-to-date on the grant. Mr. Core stated on December 17, 1980, there was a City Council Resolution No. 78-80 accepting the grant providing a mutually accepted contract could be drawn up between the City of Bakersfield and the California State Water Resources Control Board. The finalized plan has been reviewed by Mr. Hatch, Mr. Stetson and the City Attorney's office for the $100,000.00 grant. Mr. Oberholzer made a motion that the Water Manager be authorized to sign. The motion was passed. At this time Mr. George Nickel, Jr. read a communication dated May 27, 1981, from him as an appointed representative of Olcese Water District to the Water Board as a prepared Scheduled Public Statement regarding Olcese Water District and City's 2800 acres. Water Manager Chafin stated that there has been a full meeting discussing Ricks, Taylor & Associates report of March 1981 en- · titled "2800 Acre Groundwater Recharge Area-Optimization Study," along with several other communications since the finalization of this report. Also, a general meeting discussing the implemen- tation of this engineering study and how it affected Olcese/Nickel/ Buena Vista was conducted with the following in attendance: Mel McCulloch, Tom Clark, Harold Russell, myself, Gene Bogart, Florn Core, Gordon Ricks and Morris Taylor. At this meeting City was directed to pursue this no further, awaiting negotia- tions pertaining to the relationship of this study under the original Olcese contract, it's amendments and Buena Vista Water Storage District/Olcese Water District agreement concerning dis- tribution of costs incurred. He also...pointed out, the City initiated this program because we felt we had an asset there that was not in the best interest of the City to lie idle irregardless with what happened with the other agreements that City would have water to put underground. Recommendation to reauthorize Water Manager to enter into and administer short term Sand Sale Agreements, Temporary Pumping Agreements and Annuai Pumping Agreements within established Water Board policy was presented for board action. Assistant Water Manager Bogart stated that under Water Board action on October 5, 1977 and also, under the current section 1.30.050 of the new Water Board Ordinance the Water Manager is authorized'to perform' these functions. Mr. Oberholzer made a motion that the Water Manager be authorized to enter into and adminster these agreements. The motion was passed. Engineering service agreements Ricks, Taylor & Meyer, Inc. (con- sulting engineers for Kern River Interests) for the following projects: a) Agreement to complete the final design and construction of the "Kern River First Point of Measurement Structure" was presented for board action. Mr. Bogart stated that this item had originally been budgeted in the 1978-79 fiscal year and the funds are now currently available in the Agricultural Water Budget. Mr. Oberholzer questioned the method in which costs were to be distributed, in which Mr. Bogart explained costs are recoverable under the Miller-Haggin agree- ment where First and Second Point'Groups share in the expense. Mr. Oberholzer suggested a paragraph be inserted in agreement to state such. Mr. Ratty made a motion that the agreements be approved subject to the approval of the attorney's office regarding the amendment of language on th~ cost breakdown. The motion was passed. b) Agreement to comPlete preliminary design of Rocky Point River Weir and power generating feasibility study req~i~ for Carrier Canal Power Plant Permit (FERC Permit No. 3685-000) was presented for board action. Mr. Bogart stated there was a $15,000.00 ceiling on this agree- ment. Mr. Ratty made a motion that the agreement be approved subject to the approval of the City Attorney's office regard- ing the inclusion of language pertaining to cost sharing between the City and Kern Delta Water District. c) Agreement to complete preliminary design of Beard§ley Diversion Weir and power generating feasibility study for Beardsley Power Plant Permit (FERC Permit No. 3686-000) was presented for board approval. -2- Mr. Bogart stated there was, also, a $15,000.00 ceiling on this agreement. Mr. Ratty made a motion that the agreement be approved subject to the approval of the City Attorney's office regarding the inclusion of language pertaining to cost sharing between the City and North Kern Water Storage District. At this time Water Manager Chafin informed the board that the Kern County Water District's Advisory Committees latest "Optimiza- tion Study" to enhance and optimize the use of Kern County water supplies appears to again be in progress. He stated that on May 8, 1980, the Water Board approved a contribution of $1,000.00 by the City of Bakersfield. The City Council had also approved the contribution at that time. Mr. Oberholzer stated no action by the board was necessary at this time. Presented at this time for board consideration was a request from North Kern Water Storage District regarding financial participation of City and Kern Delta Water District to petition Federal Energy Regulatory Commission (FERC) for rehearing of the Miracle-Cottonwood Power Project. As originating lead agency for this project C. H. Williams, Engineer-Manager of North Kern Water Storage District, gave an update on the project. After discussion, the Water Board directed Mr. Stetson to report back to the ~oard on this item. Master Plan Spreading Agreement for community participation in City's 2800 Acre R~charge facility was preSented to the board for consideration. ~Mr. Payhe suggested discussion and questions only be conducted at this time regarding the agreement and that any action taken on this item be deferred to the next meeting. Con- sulting Attorney Stanley Hatch gave a detailed outline of the Master Plan Spreading Agreement at this time. STAFF COMMENTS Consulting Engineer Thomas Stetson referred to a letter from George Nickel, Jr. dated April 29, 1981, suggesting an advisory committee to the Water Board be ~formed. Mr. Stetson has re- searched this matter and sees no reason the board would need such a committee. There being no further b~siness to come before the board, Chair- man Barton adjourned the meeting at 5:23 P.M. James J. Barton, Chairman City of Bakersfield Water Board Linda Hostmyer, Secretary City of Bakersfield Water Board -3- I ~MINIS~ATIVE OFFIGE · 1 ~0 NEW STONE, SUITE N · P.O. BiN g448 · BAKERSFIELD, GALIF. JUL Z~ 1980 Dennis Needham D~rect-or of F~re & Community Development Services C~ty of Bakersfield 1501 Truxtun Avenue Bakersfield, California 93301 Dear' Dennis: Attached you ~]~ f~nd a ~etter that [ ~rote to you under date of July 5th, but he~d up unt~ [ could f~rst ~et approval of the contents of the letter from both my Attorney Start Kron~ck and the Attorney of Bakersfield, Consulting Attorney Stan Hatch. S~nce to~n unt~] yesterday, [ d~d not have an opportunity to confer directly by phone ~th Stan Kron~ck and Start Hatch unt~] today. Basically, the contents of my attached ~etter to you of July 5th ~ere approved; however, both Stan Kron~ck and Start Hatch noted that ~t ~ou]d be approprJate to make a couple of add~t~ona~ statemen:s for the purpose of better supporting the pos~t~on of the go~f course ~ater supply. Such statements ~]] be noted be]o~ and ~]] act as an addition to the attached July 5th 1. The .contents of the pending agreements for transfer Lo. er River ~ater r~ghts from La Hac~enda,[nc., to O]cese ~ater D~str~ct have been approved by La Hacienda, Inc., O]cese ~ater 'D~str~ct and the ~ater Board of the C~ty of Bakersfield. Consummation and execution of these agreements ~s scheduled .~hen environmental revie~ has been completed by O]cese and fo]]oued by an anticipated Negative Declaration. Also, during th~s rev~e~ per~od, ~t ~s anticipated that O~cese ~] complete, to the satisfaction and approva~ of the C~ty, a ~ater exchange agreement ~th the Buena V~sta ~ater Storage D~str~ct ~here~n O]cese can take Buena V~sta Kern R~ver ~ater as ~t f]o.s through O]cese ~o~ ~ke quantities of Kern R~ver ~ater that O]cese has stored and ~]~ pump from the C~ty's 2800 acre spread~ng area for delivery to Buena Vista. 2. If there should ever be legal problems on the availability or,Kern R~ver ~ater or actual shortage ~n ava~ab'~e Kern R~ver ~ater supply, La Hacienda, Inc. has agreement ~th N~cke] Enterprises pump ~e~] ~ater from ~ts ex~st~ng ~e]]s for d~scharge ~nto the Kern R~ver for conveyance to the downstream O~cese ~ater treatment plant and booster station that conveys ~ter to non-r~par~an ]ands in O]cese, including the golf course area ~n Section 14. 3. As the o~ner of the Lo-er River Water r~ghts on the Kern R~ver, unt~] the pending t~ansfer of O]cese ~ater D~str~ct ~s complete, cc: Dale Hawley John Chafin Dennis Needham Page 2. La Hacienda, Inc.~ will continue to make its water available to Olcese for conveyance to Olcese non-riparian lands including the golf course area now owned by La Hacienda, Inc. in Section 14. In writing this letter my effort has been to comply with the suggestions made to me over the phone by'Attorney' Start Hatch. I believe that Stan may also have informed you of these suggestions. In any event, my effort is one of cooperation. I am, of course, sending copies of this letter to both Start Hatch and my Attorney Start Kronick. We would like ~to proceed with obtaining early approval from the City for the proposed golf course and related subdivisions. Barbara Brooks will be in direct touch with you and members, of your staff to get the proper applications prepared and processed. If you have any questions for me, please do not hesitate to give me a call. Si nc~.~e~ y, ..... W. J r. ~ Geor'ge Nick6'l, GWH: rjp c- Stan Hatch Stan Kronick Eel. File: #1200-B #1275-E-s GEORGE W. NICKEL, JR. ADMINISTRATIVE OFFICES MAILING ADDRESS IO NL~w STINE ROAD, SUITE N P.O. BIN 9448 BAKERSFIELD. CA 9:3309 BAKER,;FIELD. CA 9:~389 . (SO~) 832-6963 ..... ,.luly 5, 1980 Dennts Needham City of .Bakersfield .. 1501 Truxtun Avenue Bakersfield, California 93301 Dear Dennis: I am Writing as a follow up to hopefully straighten out the confusion on water availability for lands that I own or control within the Olcese Water District. This confusion came to light when Barbara Brooks of our organization made 'contact with'you, or-people working'on your staff, in connection with our pro.posed golf course development and a tentative tract map in connection with it. I believe that Barbara Brooks was initially told that the City's consulting attorney on water matters, Stan Hatch, had asked that all tentative tract map procedure should be held up until the new water agreement involving the Olcese Water District, the City and La Hacienda, Inc., are finalized and environmental review has been completed. Subsequent to Barbara Brooks being given this information, I understand that attorney Start Hatch determined to withdraw his request in so far as riparian lands are concerned within the Olcese Water District. This 'determination is helpful; however, most of our proposed golf course and related subdivision activity is in Section 14, Township 29 South, .Range 29 East, which is not shown to be riparian on our maps. However, the fact of the matter is, that there is an existing water sales agreement to provide water to. this and other lands in the Olcese Water .District between the Olcese Water District and La Hacienda, In,c. In that connect.ion, Stan Hatch has noted that he would prefer to see a transfer of water rights to Olcese rather than just a sale of water to Olcese. In our desire to cooperate with Start Hatch and the City, we have agreed to the transfer of water rights and our attorneys have worked closely with Start Hatch to set this forth in new agreements that have met with the satisfaction of Start Hatch and' the City Water Board. All* that now remains is for the Olcese Water District to complete its environmental assessment and file a Negative'Declaration. In the unlikely circumstance that any problems should arise in connection with the Negative Declaration, the existing contract between the Olcese Water District and La Hacienda, Inc., would still be controlling, under which water is available to the non-riparian lands in the Olcese District. Under these circumstances, there should hope- fully be no reason for delay in the processing of the tentative tract maps in connection with our proposed golf course on the non-riparian land in Section 14. As I am sure you know, the Olcese Water District has expended large amounts of money to expand its water treatment plant and to build a water distribution sysl;em that already conveys water to Section 14 and other non-riparian lands.within Olcese. As the major Oennis Needham Page 2. landowner within Olcese, I am of course paying most of.the ass'essments for this water distribution program; consequently, I am anxious to move along with our development programs. I suggest_~that informal contact should be made with attorney Stan Hatch who of course has direct access to our attorney Stan Kronick. I believe, that there is a good rapport amongst all of us and that we just want to get the job done. My only concern is that governmental procedures are some- times more time consuming than one can afford° I would hope that Stan Hatch can come up with a program that will let us proceed with the City in an early, orderly manner. I am sending a copy of this letter to both Stan Hatch and Start Kronick so that they are informed and will be in a position to confer with one another and that Start Hatch can pass on his recommendations to you. For the general good of the City and the Olcese Water. District area, I am sure that every effort should be made to solve this problem-without having to'have some form of public controversy that' will likely get mi xed up and misunderstood by the media° We appear to be so close to final under- standing and agreement on all matters that I do hope that we not now have a problem. G'eohge W...Nick,el, Jro ~ GWN:rjp · c- Stan Kronick Stan Hatch '~, · KEP,,N COUNTY WATER AGENCY  4'114 Arrow: Streel, P.O. Box 58 I~k~rsfield, Ce]ii'ornia 93302 Directors: ~ ' /' ' Telel3hone: 393-6200 Ph~lil3 H. Maxwell Division 1 J. Elliott Fox Division 2 ~ Stuart T. Pyle Jack G. Thomson Divis,on 3 /~'~~~J,~.~ll~I~~ Engineer-Manager Robert E. McCarthy Division 5 ~'~~~'~7 Assistant Engineer-Manager Henry C. Garnett Division 6 President linda KJldebeck Gene A. Lundquist Division 7 Secretary March 21~ 1980 City of Bakersfield Department of Water 1501 Truxtun Ave~u.~ Bakersfield, CA 9330i Attention: Mr. John Ci~afi~ ,.~ Re: 1980 Ground~at~r Repler, ishment Operations in iD4 Gentlemen: ' ~ This will confirm arrangements for temporary use of two parcels of City of Bakersfield land adjacent to the Kern River as delineated on the attached sketch maps. It is under- stood that the City will permit utilization of these parcels for groundwater replenishment until December 31, 1980, at which time operations will cease. It is further understood that site work performed by the Agency in the furtherance of the spreading effort will be restored to original conditions at any time thereafter at the request of the City of Bakersfield. It is agreed that the Agency shall indemnif~v, defend (upon written request of the City), and save harmless the City, its employees and agents from any and all loss, damage, liability, claims or causes of action of every nature whatsoever from damage to or destruction, of property including the City's property, or for injury to or death of persons including the City's emp!o,/ees, and agents arising, caused or resulting from the Agency's use of the City's land for the purposes described above. Very truly yours, ~uart T. Pyldy Engineer-Manager Attachments 3-27-80 : cc: with/attach. C. Bidwel 1 DOMESTIC WATTi~ EFqTEf~PR!SE Cemparative i~lco!l'ie ~'~-- First Half En-'" ~'.~ ~,-r: 3]., i980 <~ec~ December 31, 1979 and INFORMATION ONLY Percentage : Increase Increase (Decrease) (Decrease) ~.~u 1979 During 1980 During 1980 I~C'WFNHF'~ Domestic Water 5a~es $756~384 $8~7,218 $ 89,166 13.4 Construction Sa]es (Temporary Service) ..... ~z~_~.5_ 2~139 _(_.!~,684) (69.1) Tote 1 gal es 7'~.~.,~& _..~&~..~ 72,482 10.5 OPF~RAI' ! F~G EXPENSES Field Expenses- 0 & M Charges from Cal Water Service 145,800 ].~,200"~ 33,600 29.9 ~oweim ,, ~ for Pumping 14~;,803 84 ,114 65,689 78.1 ~i~i ntenance ..... ~].j6~ .... 9_~.~&. (7,817) (83.3) Total Field Expenses 297~!72 205,700 91,472 44.5 Administrative Expenses' Administrative Salaries and Fringe Benefits 29,62~) 9,448 20,181 213.6 Charges from Other Departments 6,050 7,283 (1,233) (16.9) Professiona~ Consulting Charges 10,357 17~379 (7,022) (40.4) Insurance Expense 3,679 8~880 (5,201) (58. Pumping & F'roper[y Taxes 82~579 72,~:6, 10,312 14.3 Hanagemen'c Fee from Cal Water Se,-vice 14,700 10,896 3,804 34.9 Miscellaneous ~..neral & Uncollectible Accounts Expenses 16,958 3~939 13 ~019 Total Administrative Expenses 163,952 !30,092 33',860 26,0 NET OPERAT}NG INCOME BEFORE DEPRECIATION 302,715 355,565 (52,850) (14.9) Depreciation Expense (Est.) 62~501 47,356 15,145 32.0 NET OPERATING INCOME 240~214 308,209 (67,995) (22.1) NON-OPERATING ITEMS Re ven ue ' Interest Revenue (Fst.) 47,000 42,000 5,000 11.9 Expenses' - - - NET NON--OPERATING ITEMS 47,000 42,000 5,000 11.9 NET INCOME OR (LOSS) $287,214 $350,209 $(62.~995) (18.0) Prior CU~,R~N~ NUP. BER OF SERVICES Year MAINLINE EXTE~S!ON REFUNDS Active 6,384 5,928 Refunded Amount , -$8,682.98 Inactive 132 91 Undeveloped Lots 888 360 (Ez* ' T OI'A L .7___~ .4_0~4 6,379 DOMESTIC WATER Et~TERPR!'~': Comparative Income "" TM ......... First Hail Ended December 3t~ 1.37~a~]~] December 3~, =980 Amount Percentage Increase Increase (Decrease) (Decrease) .!~.S.O_ 1979 ~.[ing. 1980 Durin~_..I_~Q~ REVENUES Domestic Water Sales $756~384 $667,2]8 $ 89,!66 13.4 Construction Sales (Temporary Service) 7,455 24,139 (16,684) (69.1) Total Sales 763,839 691,357 72,482 10.5 OPERATING EXPENSES Field Expenses' 0 & M Charges from Cal Water Service 145,800 112,200 33,600 29.9 Power for Pumping 149,803 84,it4 65,689 78.1 Maintenance 1,569 9,386 (7,817) (~. 3) Total Field Expenses 297,172 _~.7_~_ 91,472 44.5 Administrative Expenses' Administrative Salaries and Fringe Benefits ,.29,629 9,448 20',181 213.6 Charges from Other Depart~nts 6,050 7,283 (1,233) (16.9) Professional Consulting Charges 10,357 17,379 (7,022) (40.4) Insurance Expense 3,679 8,880 (5,201) (58.6) Pumping & Property Taxes 82,579 72,267 10,312 14.3 Management Fee from Cal Water SeFvice i4,700 10,896 3,804 34.9 Miscellaneous General &" ' ~n col lectible Accounts Expenses 16,958 3,939 13,0!9 330.5 Total Administrative Expenses 163,952 130,092 33,860 26.0 NET OPERATING INCOME BEFORE )EPRECIATION 302,715 355,565 (52,850) (14.9) Depreciation Expense (Est. 62,501 47,356 15,145 32.0 NET OPERATING iNCOME 240,214 308,209 (67,995) (22.1) NON-OPERATING IIEMS Revenue' Interest Revenue (Est.) 47,000 ~-2,000 5,000. il.9 Expenses: .... NET NON-OPERATING ITEMS 47,000 42,~00 5,000 11 9 NET ~NCOME OR (LOSS) $287,214 $350,209 $(62,995) (18.0) Prior CURRENT NUMBER OF SERVICES Year HAINLINE EXTENSION REFUNDS Active 6,384 5,928 Refunded Amount ~ -$8,68~2.98 Inactive 132 91 Undeveloped Lots 888 360 ( Est. ) TOTAL 7,404 6,379