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HomeMy WebLinkAbout06/25/80 * WATER BOARD - CITY OF BAKERSFIELD ~7~.~L~ ...... ' .... i__ WEDNESDAY, JUNE 25, 1980 ~u..~,~-~,. . ' ...... 4:00 P~M. Call meeting ~o order Roll Call- Board Me~ers: Barton, Chai~an; Payne, Ratty, Ber~ Hoagland i. Approve minutes from the meeting of May 28, 1980. 2. Scheduled Public Statements 3. Correspondence ~a) Letter from Kern County Water Agency to J~es J. Barton dated June 7, 1980~ re- garding 1980 GRP fund participants. - BOARD TO ~CEI~ AND FILE. 4. Modification of Agreement No. 78-14 W.B. dated October 5, 1980, between the City of Bakersfield and Hatch And Parent, a professional corpora- tion, to become effective July 1, 1980. - FOR BOARD CONSIDE~.TiON. 5. a) Individual Grant Deed from Local Union No. 460 of the Un'~t~,4 Association of Journe~en_ and Apprentices of the P~" ~,~mo' ~ ~ng and Pipe Fitting Industry to City of Bakersfield. For a~ that portion of Lots 2 and 3 of Section 21, T.29S, R.27E., M.D.B. & M. (See attachment EXHIBIT 'A' . - FOR BOARD APPROVe. b) Individual Quitclaim Deed from City of Bakersfield to Local Union No. 460 of the United Association of Journe~en and Apprentices of the Plumbing and Pipe Fitting industry. For all that portion of Lot 2 in Section 21 Township 29 South, Range 27 East, M.D.B. & M.- FOR BOAP~ APPROVAL. c) Individual Qui'tclaim Deed from City of Bakersfield to A!cium B. Kaiser and Patricia L. Kaiser, husband and wife as co,unity porperty, as to an undivided 1/2 interest~ Kenneth L. Mettler and Dixie L. Mettler, husband and wife, as co--unity property, as to an undivided 1/2 interest. For all that portion of Lot _3 in~ Section 21, Township 29 South, Range 27 East, M.D.B. & M. - FOR BOARD APPROVAL. ''B AdjournmentB°ard' . C o=ents. .. "~~~ ,', ~.~ ~¢~~ ] ADDENDUM' WATER BOARD - CITY OF BAKERSFIEL'D WEDNESDAY, JUNE 25, 1980 4:.00 P.~. 3.~ Correspondence b) Letter from .Board. of Directors~of Kern- Tulare Water District to James J. Barton · in response to the May 28, 1980, letter to Kern-Tulare regarding providing M & I water for oil company use on the west side of the valley. - BOARD TO RECEIVE AND FILE. c) Letter from Board of Directors of Kern- Tulare Water District ~o James J. Barton in response to the April 9, 1980, letter to Cawelo Water District regarding Kern Delta 1979 Systems Improvement Project. BOARD TO RECEIVE AND FILE. ROLL CALL CITY OF BAKERSFIELD - WATER BOARD MEMBERS LRE$~ ~[:~0 ~J~~. JAMES J.'BARTON, CHAIRMAN ........ 831-009'~ 3114 Laurel Drive 93304 THO~S A. PAYNE, VICE- CHAI~..327-5161 ~ 3708 Alum Avenue 93309 DONALD K. ~TTY .................. 327-2681  1700 Chester Avenue 93301 BERGEN ...................... 861-2715  H.E . 150i Truxtun Avenue 93301 KEETH W. HOAGLAND 861-2721 1501 Truxtun Avenue''~6{''- ..... STAFF PRESENT: JOHN E. CHAFIN, WATER MANAGER GENE W. BOGART, WATER SUPERi~NTENDENT DENNIS NEEDHAM, DEVELOPMENT SERVICES DIRECTOR '~ ~' ,JOHN ~A~.s~E.N., ~MES_T IC WATER SUPERINTENDENT' - ..... Z 0~ '~~ SECRETARY . MINUTES WATER BOARD - CITY OF BAKERSFIELD WEDNESDAY, MAY 28, 1980 4:00 P.M. The meeting was called to order by Chairman Barton in the City Hall Caucus Room. The secretary called the roll as .follows:· Present: Barton, Payne, Ratty Absent: Bergen, Hoagland Staff Present: Bogart, Hansen, Hostmyer, Needham ~ Others Present: Tom Clark, Nickel Enterprises Bob Lewis, District Manager California Water Service Company George Nickel, Nickel Enterprises Gayle Schontzler,~The Bakersfield Californian Jeptha Wade, Jrt, Vice-President and Chief Engineer of' California Water Service Company C.H. Williams, Engineer-Manager North Kern Water Storage District Gayle Schontzler, The Bakersfield Californian The~minutes from the regular meeting of May 14, 1980, were approved as presented. A scheduled public statement by C..H. Williams of North Kern Water Storage District was postponed until later in the meeting. Correspondence a) Proposed Spreading and Recovery Agreement between Olcese Water District and Buena Vista Water Storage District was pre- sented to the board. Mr. Payne made a motion that the Agree- ment be received and filed for staff review. The motion was passed. Agreement between the City of Bakersfield and California Water Service Company for the Operation and maintenance of the Ashe Water System was presented to the board for review and considera- tion for submittal to the City Council. After a brief outline of the agreement was given by Mr. Needham and Mr. Hansen; Mr. Ratty made a motion that the agreement be approved and submitted to the City Council for the mayor's execution of that agreement. The motion was passed. Staff Comments a) At this time Water Superintendent Bogart addressed the board stating that following consultati6n with Thomas M. Stetson, the staff recommends that board approve retaining the firm of Ricks, Taylor and Associates to make an engineering study of City's 2800 acres to improve control, reduce operating liability, and increase spreading capacity. Because of current negotiations involving the engineering firms of other local engineering firms, the firm of Ricks, Taylor and associates could accomplish the required engineeril~g (field surveys, etc.) without conflict. The pr~.limi- nary budget would be $50,000.00. After discussion between staff and board Mr. Payne made a motion that the board approve the recommendation to retain the firm of Ricks, Taylor and Associates. The motion was passed. b) A letter of response to Mary E. Collup, Secret~ary of the Water 'Districts Advisory Committee concerning City Participation in .~ "Optimization And Enhancement Study" was presented to the board. Mr. Ratty made a motion that the letter be approved and the Chair- man be authorized to sign. The motion was passed. c) At this time Consulting Attorney Stanley C. Hatch read a letter from the board ~addressed to the Board of Directors of Kern-Tulare Water District and Rag Gulch Water. District~ re- garding Water Exchanges. After discussion Mr. Ratty made a motion to approve the letter and authorized the chairman to sign. ~he motion was passed. At this time a summary on Weather Modification was presented to the Water Board by C..H. Williams Engineer-Manager of North Kern Water Storage District as lead agency for the Cloud Seeding Pro- .gram on the Kern River. Mr. Williams explained the current status of the permit process and gave a brief history on Cloud Seed!ng~activity in Kern County on the Kern River watershed during the last thirty years. At 4:45 P.M. the meeting was recessed to Executive Session for the purpose of discussing possible litigation. The meeting was reconvened at 5:05 P.M. There being no further business to come before the board, Chair- man Barton adjourned the meeting at 5:10 P.M. James J. Barton, Chairman City of Bakersfield Water Board Linda Hostmyer, Secretary City of Bakersfield Water Board ~'-' ~ ' ~ .~ KERN COUNTY WATER AGENCY ~ ' . ~ ~ 4114 Arrow Street, P.O. Box 58 Bakersfield, California 93302 Ro~ E. Mcq~hy Di~N~ 5 ~~ " A~s~t Engi~-Man~er Hen~ C. ~ett Di~n 6 Pre~d~t U~ KiOSk ~e A. Lu~uist Di~ 7 ~re~ Mr. James J. Barton City of Bakersfield . 1501 Truxtun Avenue Bakersfield, CA 93301 . Dear Mr. Barton~ Enclosed is a letber to 1980 GRP fund participants together with a table and map showing-locations, costs and accomplishments of the Agency's effort in the 1980 program. The purpose of the enclosed letter is largely to solicit funds for the cooperative program. You ask four questions in your letter to the Agency dated Hay 14, 1980, and our response is keyed to your'numbered paragraphs .... 1. The entity providing funds for construction costs to date is the Kern County Water Agency. However, as stated above, it is anbicipated that most, if not all, of the addressees of the enclosed letter will assist in the 1980 program. 2. The total cost is shown on the enclosed tabulation per net pond acre. Engineering and administrative overhead costs'are included with construction costs. 3. The estimated total volume is. shown on the enclosed tabulation for each basin. You.request "net" recharge volume estimates. Presumably this means net after evaporation. However, evaporation is .between oneand two percent of the total recharge volume which is within our ability to measure flows into the recharge areas. The cost per acre-foot recharged is shown on the tabulation for each pond and as a weighted average for all ponds. h. Land ownershi~ is indicated on the tabulation. Areas designated by No~ i and 3 in the tabulation belong to the City of Bakersfield. Area 2 belongs to Toscopetro Refinery. Areas ~, 5, 6 and 7 belong to Tenneco~' However, Area ? was or is being sold to a Southern California oil company. Areas 8, 9, 10, and ll are self-explanatory on the table. Acreage of each site is given in the table in terms of net pond area. We have not measured the gross area of each parcel. ~ Costs incurred per individual recharge Mr. James J. Barton Page ~wo site are tabulated. With the exception of Area 10, the source of water can be either the Kern River or the State Project, either directly or by exchange. The PG&E spreading area is served from the Friant-Kern Canal through an exchange with Rag Gulch Water District. Estimated volume of water ~recharged at each location in 1980 is covered by the table. These ponds were not constructed only for use of Kern River' water during the period of Kern River/California Aqueduct Intertie operation. As stated above, all of the 'recharge areas can be - ~eached with State Project Water either directly or by exchange, and the economics of continuing the operation of these ponds with State Project water is obvious from the tabulation. Very truly yours, Stuart T. Pyle. Engineer-Manager Enclosures 6-16-80 cc :w/attach. ~T. Payne D.-~ Ratty H.. Bergen K. Hoagland ~ ' ' ~e~ ,. " J~a 6, 1980 ~tn-~ison ~D T ' TeJgn~as~ac WD ~proVemen~ District ~o. ~ ~eeLer Ed&e-Yarico~ ~ .~. ;, Oen~le~n = ~e ~ency h~s ~dvanced or "1~ned" an addltton~l $2~,000 :o co,er ~ ex~nses tn ~herance of ~he ~ency's activities in- ~', const~c~g spreadi~ basins along the Kern River and ne~ ~he ~sford Ro~/~in-~ison C~ intersection. ~e approxi~te .* ex~ndft~e for this e~fo~ to ~e is $1~6,000. ~rther effo~s are' aua~ded d~e ~o ~ck of ~nda and readl~ available sites. ~closed ts m tab~tion of costs ~d projected accomplis~en~a for calendar year' 1980. ~l Of the sites can be reached ~th State . . ~oJeOt ~ter ~d/or Kern River ~er by exch~ge. ~so enclosed is a ~p sho~ng the l~ations of ~he ~ency~s recharge ponds. Spreadi~ areas developed in prior' years are sho~ ~thout cost. ~sts aho~ for the re~tni~ areas were ex~nded, in 1980. - We are a~itlng ~ta on other districts' effo~s to achieve a ~'""~:. fair distribution of con~ribu~ion~ in a ~nner which ~ill reco~ize i~te~ district costs. Please res~nd %o the ~ency's letter of ~ 9, i980, You~ asaist~ce in ~his eval~tlon of %he over~l CO~t~ r~h~ge effo~ thro~h description of your lntern~ district aCcOmplia~n%s and coats together wi~h ~ch needed as~ist~ce in .. 9ontribut$~'%o de~ %he cost of the ~ency's effo~ ~ be .i ' ! . ~ ' ". . Ve~ ~ yours, S~ T. '~le ~glneer-Y~er i . .. : ' "' C U~tY.'Wat r: ~e 'C~ '"' ("-:: .... r~rn o e n : 5 .'.' Replenishment Project Costs and' Accomplishments '. ....... . Unit Costs Name and Net Estimated 1980 'Per Net Per AF of. Pond No. " -Area' Replenishment Pond Acre Recharge' _(See Map} CostI. in Acres {Acre-Feet) ($) ($/AF) 1. City East 24,900 32 4,250 ??8 5.85 2. Tosco 10,580' i2 3,700 882 2.85 3. City West 9,200 10 3,280 920 2.80 h. Stockdale 56,980 40 10,000 1,425 5.70 5. Oos ford 24,400 60 4,700 407 5'. 20 Subtotal $126,060 154~ 25,930 819 4.90 6. ~e~ so .... 2~ ~,°oo ..... '7~. Emery No. --- 20 3,900 .... ~- 8.,:Sill --- 10 h,lO0 .' ...... 9' KCWA HQ --- 7 .3,000 ..... 10. PC&E .... ' 30 3,500 ' - ..... 11. Bartell --- 30 2,000 ...... Subtotal ~ "--- · 112 20,500 TOTAL $126,060 .... 266 46,430' 474 2.70 LAW OFFICES ItATCIt,. a.~ PARENT STANLEY C. HA?CH ' ' A PROFESSIONAL CORPORATION AREA CODE 805 · GERALD B. PARENT TELEPHONE 963- 197t EAST CA~RtLLO STREET ~,TIMOTHY BUYN~K~J~. ~n~ POST OFFICE DRAWE~ CALIFORNIA 93102 ~'~ T.s~,s,O~r May '27, 1980 Mr. John Chaf±n C~ty of Bakersfield 150'1. Truxton AvenUe " Bakersfield., California. 93301 Dear John = Due 'to inflationary pressures, I find it necessary to adjust' the hourly billing rate applicable to govern- mental agencies represen{!-ed by our firm. As a consequence, effective July 1, 1980, senior attorneys will be billed' at~. a rate of $90.00 per hour, member attorneys will be %. ." billed at $85.00 and associate attorn.e, ys will be billed " at $80.00 .... Although not often used, automobile travel exPenses must be increased, from ,20 cents per mile to 25 cents per mile. ' ' ..Enclosed find--a modification of Agreement 78-14. W.B. consistent with the above. '. ' ' Ji-.',...' If yOu have any questions, please let me know. '" Very truly yours,. .. ' .... STANLEY C. HATCH : '' ' .... :"'· For HATCH AND PARENT Cc :.. 'BOokkeeper - 80-02.W.B. MODIFICATION OF AGREEMENT This Agreement made this 25th day of June 1980, .by and between the CITY OF BAKERSFIELD, a political sub- division of the state of California, hereinafter referred to as "Bakersfield,~" and HATCH~AND PARENT,~ a professional corporation of the St~%e of California, whose professional, employees are duly qualified and licensed to practice law in the State of California, hereinafter refer~ed to as "Attorney." On October 5-, 1978~, Bakersfield and Attorney entered into~ an Agreement, 78-14 W.B., for Attorney's services. The parties now wish to amend tha/~'Agreement as follows: 1.- The Fourth Paragraph on the first page should be amended to read: "Attorney time shall be billed by AttorneY and paid by Bakersfield at the rate'of NINETY DOLLARS ($90.00) per hour for senior attorneys, EIGHTY-FIVE DOLLARS' ($85.00) per hour for member attorneys and EIGHTY DOLLARS ($80.00)- for~associat~ attorneys of the firm..." 2. .The ~penqltimate subStantive paragraph on page two of .the Agreement shall' be~modified by substStuting the word~ "TWENTY-FIVE CENTS~($.25)" ~f0r the words "TWENTY CENTS ($.20)" in the sentenc~ dealing with personal automobile mileage reimbursement. All other {erms, c~nd~tions and provisions of 78-14 W.B'. rem~in-~unchanged. IN WITNESS 'WHEREOF, 'the parties hereto have executed this Modification of Agreement on the 'date and' year first above written. HATCH'AND PARENT A Professional Corporation STANL si~e' ~ CITY OF BAKERSFIELD (WATER BOARD) ~MES ~.~ARTON, Chairman ~ity .of Bakersfield'Water Board, . ~- KERN-TULARE WATER DISTRICT '"' ? Great Western Savings Building .~ 1415 Eighteenth Street, Room 3i4 ~ Bakersfield, California 93301 Telephone (805) 327-31.32 BOAJ~O Gl=' OIRJ~CTORS (805) 325'9031 J. NORMAN DAWE, PRESIDENT TI'lOMAS E. ASHLOCK JAMES R. UNDERHILL. Vice-PRESIDENT ~ANAGER MATT PANDOI. SECRETARY June 17, 1980 ~I'EPHEN £. WALL, AL HOLLOWAY COUNSEl. VINCENT J. ZANINOVlCH -JUN 2 3 1980 Dep'artment of. Water ' ,~PA~M~T OF WAT~ 1501 Truxtun Avenue Bakersfield, California 93301' Attention James J. Barton, Chairma~ City of BakeCsfield Water Board Gentlemen: As directed by the Board of Directors of Kern-Tulare Water District, this is in answer to your May 28, 1980 letter.to the Board of Directors of this District with respect to-this District's 'request for the City's consent to water &xchanges with ID 4.for providing M & I water for oil company use on the west side of the valley. ~ We are pleased to note that the City Water Board's general position is that it would be in the public interest to facilitate the availability of water for such purpose and we point out that in addition to the contract sections your letter refers to, 'there is also a p~qvision to. the effect that'~the City Will not unreasonabl~ withhold approval of a sale by Our District of water for use outside out District (ARTICLE VII, Section.7.1b). The'only'restriction on such' sale with the City's approva~ nok unreasonably withheld, is that it must be used within the boundaries of the County of Kern (sub-section 7.1'd). .We note your exprcssion to the effect that the City must be careful to avoid any net export of water from the basin already in overdraft and we point out that the rule of reason will also apply here along with all applicable law including particularly California Constitution.Article 10, section 2. Very truly you~;--'- · ×J. NORMAN DA~,~- Presfdent of the Board of Directors .. 6-.23-8'0 cc: Full Water Board ~ "" "' ~ KERN-TULARE WATER DISTRIF:.T °~ · Great Western Savings Bu'ilding :. 1415 Eighteenth Street,' Room 314 ~': Bakersfield, California 93301 Telephone {805) 327-3132 BOARD OF DIRECTORS (805) 325-9031 J. NORMAN DAWE. PRESIDENT THOMAS E. ASHLOCK JAMES R. UNDERHILL. VICE-PRESIDENT June 17, 1980 MA,^O,. MATT PANDOL, SECRETARY eeT£PHEN £, WALL, AL HOLLOWAY VI NCENT J. ZANI NOVICH COUNIEL JUN 2 31cj80 · City of Bakersfield ~ or o~l~ Department of Water o~M~ OF WATE. .1501 Truxtun Avenue Bakersfield, California 93301 Attention James Jo Barton, Chairman ' ' City of Bakersfield Water Board Gentlemen: Re: .Kern Delta 1979 Systems Improvement P~oject This is in response to the copy received by Kern-tulare Water District of the April 9, 1980 letter to Cawelo Water District referenced as above. We request a status report with respect to the negotiations in which the City has been participating on this Problem~ which seriously impacts upon this District's contractual right to the use of Kern River water. In that regard, Kern-Tulare Water District will,not be bound against ~ts will by any settlement which modifies to any extent whatsoever any right or obligation of'anyone pursuant to the terms of any of the agreements and documents set forth in ARTICLE II, Section 2.1 of our District's water purchase contract. At this time, we also point out that Kern-Tulare Water Dist~rict will expect the City to comply with the water purchase contract· to the letter and according to its intent, irrespec.tive of the City's later sale to Kern-Delta Water District. In that respect, we are particularly'concerned that the City protects the salvage water to the fullest extent possible, and operates the City's canal system and Isabella storage in the manner required by the agreement. Very'truly yours, of the Board of Directors ' ~'- RE~ORDING REQUESTED BY '. ~ ~NO WHKN RKCORDKO MAI~ TO O~ of Bakersfield ~tr~t ~ .... DEPARTMENT OF WATER 1501 IRUXTUN AV[NUE --SPACE ABOVE THIS LINE FOR RECORDER'$ USE Individual Grant Deed THIS FORM FURNISHED BY TICOR TITLE INSURERS The undersigned grantor(s) declare(s): Docmnentary transfer tax is $. ( ) computed on full value of pioperty conveyed, or ( ) comp~hed on full value less Value of liens and encumbrances remaining at time of sale. ( ) Unincorporated area: ( ) City of .; and FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Local Union No. 460 Pipe Trades Apprentice Training and Education Trust Fund; Local Union No. 460 of the United Association of Journeymen & Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada; Alciun B. Kaisel and Patricia L. Kaiser, husband and wife and Kenneth L. Hettler and Dixi~ L. Mettler, husband and wife hereby GPJkNT(s) .to: CITY 'OF BAKERSFIELD, a municipal corporation the following described real property in the County of Kern , State of California: As per Exhibit 'A' attached hereto and made a part hereof. Local' Union No. 460 Pipe Trades APprentice Training & Education/Trust June 17 1980 l)alcd --~~J~/~~2 Local Un ion No. 460 of the United Association of Journeymen ~ Ap~rentice~ .~ .the Plumbing & Pipefitting Industry o ~en~eth 'L. Mettler - United Sta~es and Canada By: Patricia ~. Kaiser Title Order No.._ ___Escrow or L.an N. ..... MAIL TAX STATEMENTS AS DIRECTED ABOVE EASEMENT DESCRIPTION FOR ~HE NEW ALIGNMENT. OF' THE BEARDSLEY TO CALLOWAY DITCH ~ ALL THAT PORTION OF LOTS 2 AND 3 OF SECTION 21, T.29 S., R.27 E., M.D.M. ACCORDING TO THE SALES MAP OF LANDS OF THE KERN COUNTY LAND COMPANY FILED IN THE KERN COUNTY RECORDER'S OFFICE ON JULY'19, 1891,' MORE PARTICULARLY DESCRIBED AS FOLLOWS' BEING A 100 FOOT WIDE STRIP OF LAND LYING 50 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE' BEGINNING AT THE POINT OF INTERSECTION-OF THE CENTERLINE OF THE "BEARDSLEY TO CAIiOWAY DITCH" AND THE E~ST LINE OF SAID LOT 2 AND FROM %'~HICH POINT THE SE CORNER OF SAID LOT 2 BEARS S 0° 07' 19" W, A DISTANCE OF 688.73 FEET; THENCE (1) N 85°'10' 21" W, A DISTANCE OF 247.95 FEET; THENCE (2) N 89° 41' 02"~W, A.DISTANCE OF 707.00 FEET TO THE BEGINNING OF A 300.00 FOOT RADIUS.TANGENT CURVE, CONCAVE TO THE SOUTHEAST; THENCE (3) ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 55° 16' 10" AN ARC DISTANCE OF 289.39 'FEET; THENCE (4) S 35° 02' 48" W, A DISTANCE OF 175.49 FEET; THENCE (5) S 50© 48' 45" W, A D~ISTANCE OF 38.85 FEET TO T'HE END OF THIS DESCRIPTION AND A POINT OF INTERSECTIO~ OF' THE CENTERLINE OF THE "BEARDSLEY TO CALWAY DITCH" AND THE WEST LINE OF SAID LOT 3 AND'FROM WHICH POINT THE SW CORNER OF SAID LOT 2 BEARS S 0° 02' 59"W A DISTANCE OF 411.85 FEET. THE SIDELINES OF SAID 100 FOOT WIDE STRIP.ARE TO BE LENGTHENED OR SHORTENED TO BEGIN ON THE EAST LINE OF SAID LOT 2 AND TO END ON THE WEST LINE OF SAID LOT 3. CERTIFICATE OF ACCEPTANCE THIS IS TO CERTIFY that the interest in real property conveyed by. the deed or grant dated June 17, 1980 Local .Union N0.~ 460 of the United Association of PlumDing ~ Pipe from F~tti~g Industrv; Alcium B. Kaiser &' Patricia L. Kaiser, and Kenneth L. Mettler & Dixie'Mettler. to City of Bakersfield, a political corporation and/or governmental agency is hereby accepted by order of the Water Board of the City of Bakersfield on June 25, 1980 , and the grantee consents to recordation thereof by its duly authorized officer. DATED June 25, 1980 By CHAI~L~N of the City of ~ Bakersfield Water Board TO 1944 CA (~1.74) (Individual) ~'11~ Tm~ INSURANCE ~ AND TRUST ' ] STATE Ob' CALIFORNIA .,v~,,/' } .: cou v : On ':~'f" -~ J~ /C2~ ~foreme, theundersigne0, a Notary Public in and for ~id T State,~rso~ll~appcared Alciun B. Kaiser and Patrxcia L. Kaiser , ............................................................. ~ ....................... , ~OW~ to m~ ~ to ~ the ~rson S who~ name S ..~re sub~ri~- I · OFFICIAL SEAL ' they t ~~ ,;> to the within instrument and acknowledged ~at DEBRA A. FLOHR  executed the ~me. ~~ NOTARY POEt ' I ~-~ PRINCIPAL OFFICE IN WITNESS my hand and o~cial ~al. ~ ~2~ ~,E~N COUt~h' (This ar,a for official notarial ~al) Individual) ' ~Tm INSURANC~ . On~_~~. :J~1~5_~ ..... before m~, the undersig.ed, a Notary Public in and for said Smm,~rs~ll~ap~r~ K~n~h *- Mett!er and Dixie L~ ~ett!er , ~ .$ , kno~ to me A to ~ thc ~rsonS who~ name ~ &to ~ub~ribed ~ to the within instrument and acknowlcdg~ that they .. I ~ , OFFICIAL SEAL  executed the mme. ! ~ DEBRA A. FLOHR WITNESS my hand and o~cial ~al. I ~~ NOT,aY  " z'; '- I ~~ PRINCIPAL OFFICE '~~ . / .' ~ ~ My Comm,~io. Exp. Sept. (Thi~ ama ~or official notarial STATE OF CALIFORNIA~ ) ~ ) S COUNTY OF KERN ) On June 19~ 1~'~0 , 1980 before me, the Undersigned, a Notary Public in ~nd f°r--~aid Sta~ ~, personal,ly appeared' Douglas ~n. Zimme~man and Owen Clark.' ..., Trustees of Local Union No. 460 Pipe Trades Apprentice Training .and Education Trust Fund, known to me ~to be the persons whose names ar~ subscribed to the within instrument and acknowledged that they executed the same as Trustees. WITNESS my hand and official seal. ]~-~]~;~--~i~l'-r~C~]-~----~ ~ ' Vicki/Bratchev- 1t MY COMMIS~ON FX~ES AP~I[ ~0, 1~82 STATE OF CALIFORNIA SS. COUNTY OF KERN 'On June 19, 1980 1980 before me, the undersigned, a Notary Public~ in and for said Sta~e, personally appeared 'D9uplas n Zi_.'.~enman , known to,me ~o be the Business Manager an~ Financial Se~~ ~--{--t~--~ Local Unigh No. 460 of the United Association of Jour- neymen & Apprentices of th~ Plumbing & Pipefitting ~ndustry of the United States and Canada, ':hat executed the within Instrument, known to me to be .the person who executed the within Instrument on behalf of said Union therein name, and acknowledged to me that such Union executed the within instru] ent pursuant to its by-laws or a resolution of its board. WITNES'S my hand'and offici.~l seal. ~RECORDiNG REQUEsTEb BY AND WHEN RECORDED MAIL TO Local Uffion. No. 460 c/o Kaye Lyons .... 1111 California Ave. ~s Bakersfield, Calif. , Same as above & SPACE ABOVE: THIS L. INE FOR RE:CORDER'S USE: Individual Ouitclaim Deed' THiS FORM FURNISHED BY TICOR TITLE INSURERS The undersigned grantor(s) declare(s): l)ocumentary transfer tax is $ ( ) conllbuted on full value of property conveyed, or ( ) computed on full value less value of liens and encumbrances remaining at,time of sale. ( ) Unincorporated area: ( )City of , and Iq)l{ .,\ V/\I.liAI{I,I'; C. ONSII)I*;II~TION, rcceipl of which is I,e,',:by acknowledge, d, CITY OF BAKI?,RSFIELD, a municipal corporation hereby 'RE~IlSF,(S), RI'~I~ti',,'\SE(S) AND I:'OI{EVI~I{ QUITCI,AIM(S)to LOCAL UNION NO. 460 PIPE TRADES ~PPRENTICE TRAINING AND EDUCATION TRUST FUND and LOCAL UNION NO. 460 OF THE UNITED ASSOCIATION OF JOURNEYMEN & APPRENTICE'S OF THE PLUMBING AND PIPE FITTING INDUSTRY OF THE UNITED STATES AND CANADA the following described real property in the County of Kern State of California: All that portion of Lot 2 in Section 21 Township 29 South, Range 27 East, M.D.B. & M., of Sales Map of Lands of Kern County Land C6mpany filed in the Kern County Recorders office July 19, 1891' described in ~orrectory quitclaim deed recorded May 22, 1979 in Book 5199, at pag.e ~727, Official Records, Kern County, California. Dated June 25, 1980 CITY OF BAKERSFIELD, a municipal Corporation STATE OF CALIFORNIA COUNTY OFj'SS', On before me, the under- James J. Barton, Chafrman signed, a Notary Publi~: in and for said State, personally appeared City of Bakersfield Water Board known to me to be the person whose name subscribed lo the within instrument 'and acknowledged that . executed 'the same, WITNESS my hand and o~cial seal. Signature ,' (This ares. for ufllcial notarial lean Title Order No __ _Escrow or Loan No. MAiL-TAX STATEMENTS AS DIRECTED ABOVE IRF-CORDING REQUI:'$TF'D ~3Y AND WHEN RECORDED MAIL TO F A1 Kaiser, et al -& Same as above . Individual Quitclaim Deed THIS FORM FURNISHED BY TICOR TITLE INSURERS The undersigned grantor(s) declare(s): Documentary transfer tax is $ -0- ( ) computed on full value of property conveyed, or ( ) computed on full value less value'of liens and encumbrances remainiag at time of sale. ( ) Unincorporated area: ( )City of , and FORA VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, CITY OF BAKERSFIELD, a municipal corporation 'hereby REMISE(S), RELEASE(S) AND lff)REVER QUITCI~AIM(S) to ALCIUN B. KAISER and PATRICIA L~ KAISER, husband and wife as Community 'roperty, as to an undivided 1/2 interest; KENNETH L. ~ETTLER and DIXIE Lo ~.~ETTLER, husband and wife, as community property, as to an undivided i/2 the following described real property in the County of Kern interest State of California: ~ All that portion of Lot 3 in Section 21, Township 29 South, Range 27 East, M.D.B. & M0, of Sales Map of Lands of Kern County Land Company filed in the Kern County Recorders office July. 19, 1891 described in correctory Quitclaim Deed. r'ecorded May 22, 1979 in Book 5199,. at page 1727, Official Records, Kern County, California. ~Dated June 25 , 1980 CITY OF BAKERSFIELD, a municipal corporation STATE OF CALIFORNIA ~ SS. COUNTY OF. / On ~tore me, the under- James J. Barton, Chairman signed, a Notary Public in and ~or said State, persona[ly appeared City of Bakersfield Water Board q ., known to me to be the person whose name , , subscribed to the within instrument and acknowledged that executed the same. WITNESS my hand and official seal. Signature (This &re& for official nots, rial sell) Title Order No. Escrow or Loan No. MAIL TAX STATEMENTS AS DIRECTED ABOVE HATCH A~rD P.~RENT SO$:,N F gETROVICH SANTA BARBARA, CALIFORNIA 93102 ~..~.~.~.oo~ Jun~ 24, 1980 Mr. James J. Barton Chairman -City of Bakersfield Wa~er Board .~ 1501 Truxton Avenue '-Bakersfield, California 93301 Re: Olcese W~'ter District Water Rights Agreements Gentlemen: Thig letter is'to 0utli~'e the. current status Of the ~egotiations between the Olcese Water District and represen-. tatives of George W. Nickel, Jr., regarding 'the transfer of Lower River water rights to the Olcese Water District. ~ fifth draft of a document entitled "Contract for Purchase and Sale of Kern River Water and Storage Rights" is expected to be available bY June 25, 1980. This draft is said to incorporate various suggestions made by City representatives reqarding the fourth'draf~ dated June 5, 1980, prewiously forwarded to you Cy the Olcese Water District. "As worded, the new cont~ract identifies the certain "Hacienda .Water Rights" owned, administered and represented by George W. -Nickel.., .Jr., and Adele'R."Nickel, his wife, and by La Hacienda, .Inc., a Ca!ifo~nia corporation, the majority of the stock of which is owned by Mr. ':Nickel and his ~ife. The persons and entities are referred' to as "La Hacienda" in the contract. These H'acienda Water Rights are identified by reference to ~ various contracts, chief among Whidh is .the 1962 "Kern River water Rights Storage Agreement".whic~ identified certain- '"Downstream Group" rights'administered by the Hacienda Water District.and the Tulare Lake Basin Water Storage' District. The contract provides that the Hacienda Water.Rights transferred are 100 percent of the "Downstream Group's" rights as described in the 1962 Agreement. Section 1 o~ the 'contra'c~ provides that La Hacienda sells, transfer~ and assigns to' Olcese all'. of its-~ght, title and intere.st .in the Hacienda Water Rights. The parties agree in Mr. James J. Barton Page Two .~ June 24, 1980~ · Section 2 to execute and deliver any documents necessary to~ -implement. the contract. Section 3(a) provides that the water will be used by Olcese within the boundaries of Ol~ese including that portion of the City's Rio Bravo Annexation area pending annexation to Olcese before LAFCO. Section 3(b) of the co~'tract outlines the spreading and recovery arrangements and provides limitations on the-utiliza-. tion of water stored in Isabella'Reservoir for either direct diversion or ~spreading. It is used last, and only if needed. The price of~this water is set at the State Water Project price at the Tupman Turnout, which is presently about $21.00 an acre-foot~. Section 4(a) allows escalation of this price but only up to a maximum of .$55.00 per acre-foot. Olcese does not have to pay Hacienda until· such time as it'uses~the water under Section 4(b). As a consequence, Olcese may spread the water but will not be'obligated to pay for it unti~l such time as the water is actually extra6ted for use within the Olces~ area. Section 6 permits La Hacienda to utilize water stored in Isabella Reservoir..not needed-by 01cese to meet a 13-year requirement and all Hacienda Water Rights not needed by Olcese for direct diversion from the Ke~n River and any water not usable"by Olcese'for spreading. This surplus water is made available without cost to La Hacienda. Olcese will not have paid for Such water nor is it expected to-need or.use such water. La Hacienda has C'eft~ain~obligationD to the Tulare Lake Basin Water Storage District under a- contract and has obliga- tions · to pay the Isabella Reservoir Storage charg'es and the Kern River Watermaster charges. Under Section 6(b),~ these obligations will continue to be paid by La Hacienda in'full ~(ex~ept for its proportion of Isabella Storage charges) until such time-as Olcese-is using '5,000 AFY of Hacienda Water Rights water. Thereafter, the resPonsibility for paying these obligations will be Olcese's but subject to a pro-rated reimbursement by. ~La. Hacienda of all such obligations based on Isabella Reservoir -Storage~use as between the' two parties. · ~. James J. Barton · ~ Page Three ~ June 24, 1980 Section 7 gives La Hacienda the option, to purchase surplus' Hacienda Water Rights water spread in the City's spreading grounds which is in excess of Olcese's needs over the following. ~3-year period. Under-Section 8, the City's and Olcese's engineers will get together and annually determine the amount of water which will be necessary for Olcese's needs for the next i3 years. They. will then determine how much water is available from other sources and how much Hacienda Water Rights water is available. The amounts then in storage, ih excess of 5,000 acre-feet greater than the 13ryear reqUirement for Hacienda Water. Rights water, is deemed excess and that water is available for La Hacienda to use. Thereafter that option water is not ~calculated .as being available or usable by 01cese. During the next two weeks, Mr. Stetson will be working with the Olcese District to determine the current status of the Olcese requirements fQr the next 13 years, and the amount of water which it will be necessary to-~lace in storage prior to a surplus being d~clared available as option water to La Hacienda. 'The blanks in'Section 9 will be filled iF accordingly. The option water in storage, to.~the extent that it is used by La Hacienda, will have to be paid for by La Hacienda to Olcese under ~Section 10 at the rate.of $10.00 plus all costs of such water to Olcese plus an escalation factor based on the Wholesale Price Index. ..Section 11 provides that ~e net receipts to Olcese from~ La Hacienda's purchase of such water is to be used to pay the 6b~igations of Olcese under Agreement No. 77-07 W.B.'with the City. If these net~ receipts ~re not enough; La'Hacienda agrees to advance sufficient funds to Olcese for this purpose. Olcese will pay back such advances, with interest-, from net~ revenues~' from the sale' of water as those revenues are received. Section 12~permits. La Hacienda to utilize any other excess rights not needed by Olcese to meet its 'needs.- These are primarily thought to· be the right to substitution in-water exchange cases under the 1962 Agreement. Mr. James J. Barton Page Four June 24,~ 1980' The contract is in perpetuity to improve the long term, dependable water resource prospects for Olcese. Section 14 terminates prior 'agreements which purported to transfer these water rights. These prior agreements were not satisfactory t6 the City. They are superseded by the new contract. In.Section 15 La Hacienda holds back some 32,163 acre-feet of 'Kern River water which they. have already exchanged with Improvement District No. 4. This is water which has not yet been delivered by I.D. No. 4. This wa~er may subsequently be committed to Olcese to meet its needs; but this is not provided for in the contract. Finally, the La Hacienda interests warrant that certain r~presentations which they have-made are true and agree to hold Olcese hi{rmless in the event that they are not. The purpose of Section 16 is to proVide that to the extent that there were any legal challenges relating to the right to use the' Hacienda Water Rights, the Nickel interests would be obligated to parti- cipate in that litigation. Simultaneous with this contract, it is anticipated that a separate agreement will be entered into between the Hacienda Water District and the parties to the above referenced contract. This agreement has not yet been submitted to Hacienda. 'Hacienda is'the contracting party under the 1962 Agreement, and administers certain water rights for the Tulare Lake Basin Water StOrage District~ and Hacienda has previously' given power of attorney'to La Hacienda, Inc.., to .sell, .exchange, transfer, convey or otherwise deal with all of Ke~n River Water Rig. hts. In this new agreement., Hacienda consents to .La~Hacienda's sale and transfer of the Haciehda Water Rights to Olcese and, as a. · back up, also transfers any-'rights which'it may. have to Olcese. Olcese is also accepted as a substitute in place of La Hacienda. as Hacienda's agent for dealing'with the Lower River Water rights.. ~ Hacienda would also agree not- to deal Qith the Hacienda water Rights further~ ."Olcese will acknowledge the various obligations under 'the different'agreements and will assume those which are not M~. James J. Barton 'Page Five June 24, 1980 reserved or assumed by La Hacienda in the Olcese Agreement. Hacienda.Water District will continue to function as the contractor under the 1962 Agreement and Olcese will be treated as a subcontractor under that Agreement, similar to the rela- tionshipof the City of Bakersfield to North Kern Water Storage 'District. In addition,hit is anticipated that Mr. Nickel and'various corporations and partnerships in which~he is involved, which own riparian land within Olcese, will be transferring certain rights to pump riparian water to Olcese for use on that riparian land. These agreements have been prepared and reviewed. subject to any possible difficulties which we may have when we actually'review the fifth draft on June 25, 1980, £t would be th~ recommendation of Mr. Stetson and myself that the Water Board urge Olcese and the ~La Hacienda interests to proceed to execute and implement these various contracts. It is anticipated that the governmental agencies involved will be proceeding with environmental analySis, the process of which should take approximately three months. For that reason we would recommend that the LAFCO proceedings relat, ing to Olcese AnneXation No. 2 be continued for a four- month period which should ~permit the environmental analysis to be completed and the documents .executed. 'At that time, the annexa- tion could proceed without the conditions previously submitted' to LAFC0 by your Board. -o~ce the Agreements have.been entered into~.it would.be approPriate for the City to reana!yze the water supply conditions for the~Rio Bravo Annexation a~ea and to make appropriate, land use planning determinations and policies regarding_ future develop- · ment .in the area. 'In this regard we will, at a later time, be separa~elydiscussing with the Board the quality and 'reliability of. the various rights proposed' to be transferred. If you have ~ny questions-~ please let us know. -' Ver~. STANLEY C..HATCH For HATCH AND PARENT SCH/mmg cc: 'Mr. Thomas Stetson Mr. Stanley Kronick Mr. Thomas Clark