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HomeMy WebLinkAbout06/17/81 AGENDA WATER BOARD - CITY OF BAKERSFIELD WEDNESDAY, JUNE 17, 1981 4:00 P.M. ~'.~°¢'~' Cail meeting to order o~n ~ ~ Roll Call - Board Members: Bar , Chairman, Payne, Ratty, Kelmar, Oberho4 zer 1. ADprove minutes of regular meeting o~J~unf 2. Scheduled Pub].ic Statements- 3. Corresponder't~e a) Letters regarding Palm Mutual Water Company: Setter from La Hacienda, Inc. to Olcese Water District dated June 8, 1981; Letter from Olcese Wa%er District to City Water Board dated June 9, 1981 and letter from Anderson &Anton representing Palm ~.~utual Water Company dated June 10, 1981.~'~/pY b) Letter from Gilbert Castle, Water Associar ~~ ~[~~ tion President, dated June 8, · ~ c) Letter from George D.-Nokes, California ~. Department of Fish and~ted June 9, 1981.~~ 4. Olcese Water District general outline ~lan for improvements C~y's 2800 acres - FOR BOARD INFO~SA~ION. ........... ~~~.- 5. F~nal M~s~er Pian ~f~ad~n~ A~roemen~ concepkual outline co~un~y participation ~n C~y'~ 2800 aero rochar~o~fac~lity. FOR BOARD ACTION. m~ ~~ /~ ~ ~~~ .__ 7. Boar~ Co~e.~ . ~ g ~ ~' ~ ~ ~ $~ ~'. 8/. Adjournment ~'~ ' . CITY OF BAKERSFIELD - DEPARTMENT OF NATER WATERBOARD MEETING DATE:~-~/~/~/ 1st 2nd Person/Entity and Phone Numbers Chairman James (Curley) Barton Don Ratty res: 322-5776 bus: 327-2681 or 327-2882 Tom Payne res: 831-2346 bus: 327-5161 Richard Oberholzer, City Attorney bus: 326-3721 Phil Kelmar, City Manager ~bus: 326-3751 Owen Goodman, Olcese W.D. Attorney bus: 323-2991 Stu Pyle, Kern County Water Agency bus: 393-6200 Chuck Williams, North Kern Water Storage District bus: 325-3116 or 325-5009 ~/~ Mary Collup, Rosedale-Rio Bravo Water Storage District bus: 325-4797 ~/~ Gail Schontzler, Bakersfield Californian bus: 395-7379 ~/~/~ Tom Clark, Nickel Enterprises ~ bus: 366-5581 La Hacienda, nc. . S,tar Route 4. Box 801 ' R:o B,~c~/o Annex JUN 9-1g Telephone ~5/~1 ~~ ~ WA~ June 8, 1981 Olcese Water-District Board of Directors 1415 18ch Street, Suite 302 -, Bakersfield, CA 93301 Gentlemen: We have been informed that the Palm Mutual Water Company which is adjacent to but outside of the City of Bakersfield wishes to be annexed to the Olcese Water District. Also, of more immediate importance, we understand that homeowners in the. Palm Mutual Water Company need an emergency supply of water. Representatives of the O!cese Water District have made contact with us on both of these points. The contact has been made because of an existing agreement between Olcese and La Hacienda, Inc. wherein it is stipulated that Olcese will not serve water outside of the existing boundaries of the Olcese Water District except to lands within the Rio Bravo Annexation to the City of Bakersfield, unless and until written approval is obtained from La Hacienda, Inc.. This is to advise you that we have evaluated these two requests of the Palm Mutual Water Company and have reached certain conclusions. First of all, on a temporary emergency basis, we would like to see the water problems of the homeowners in the Palm Mutual Water Company area taken care of. On the other hand, we think that it is premature for the Olcese Water District t6 consider annexation of the Palm Mutual Water Company area. There appears to be no question but that annexation of the lands in the City by reason of the Rio Bravo annexation should be given first consideration on an annexation program. We understand that this issue is currently before LAFCO. After those proceedings are resolved possible annexation of the Palm Mutual Water Company area and other areas adjacent to the.Olcese Water Dist'rict can then best be considered. In the meantime, we repeat that on an emer- gency basis only, we definitely favor giving temporary service to help out the homeowners in the Palm Mutual Water Company area. \ 'Yours very cruly, . George W. Nickel, Jr.' '"' President GWN/j Approve the form of the, 2800 Acre Master Plan, Agreement as a conceptual basis for negotiations with interested entities and for environmental analysis. Separate action. Request staff and consultant to recommend to Board: a) Appropriate spreading fee. b) Equitable method of charging for long term spreading facilities. MASTER SPREADING AGREEMENT THIS AGREE.~LENT, made and entered into this day of , 19 , by and between the City of Bakersfield, a Municipal Corporation, hereinafter referred to as "City", and , a , hereinafter referred t© as "Spreader". WHEREAS, the City owns approximately 2800 acres of land overlying the Kern County Groundwater Basin, hereinafter referred to as "City Spreading Area", which lands are set forth on a map entitled Exhibit "A" attached hereto and incorporated bi- reference herein; WHEREAS, City has entered into Agreement No. 77-07 W.B. dated November 9, 1977, which Agreement has been amended as set forth in Agreement No. 78-12 W..B. dated June 27, 1978 and Agreement No. 81-76 , dated April 15, 1981. All of the above said Agreements are jointly referred to herein as the "Basic Spreading Agreements"; WHEREAS, from time to time City has spreading capacity excess to its own needs on City Spreading Area, and excess to requirements of its prior Contractors under the Basic Spreading Agreement, hereinafter referred to as "Excess Spreading Capacity"; 06/17/81 WHEREAS, Spreader wishes to enter into an Agreement with the City to utilize the City Spreading Area for spreading of water into the Kern River Groundwater Basin; WHEREAS, City is willing to permit the use of City's Excess Spreading Capacity by Spreader and other interested users, hereinafter referred to as "Participating Entities", subject to appropriate financial conditions and arrangements; NOW, THEREFORE, IT IS HEREBY AGREED AMONG THE PARTIES as followS: ARTICLE 1. FACILITY CONSTRUCTION, MAINTENANCE AND FINANCING. (a) The City shall annually determine what new or additional water spreading facilities will be needed to accomodate the anticipated spreading of the City, its prior contractors and the Participating Entities. (b) Spreader shall pay'that proportionate share of the City's annual cost to spread water as the amount of such waters spread shall bear~to the total waters spread for all users, which costs shall include administration. (c) Spreader shall pay the sum of $ annually as its agreed share.of the amortized costs of long-term spreading facilities constructed on City's Spreading Area. (d) Spreading requests for all Participating Entities shall be estimated annually prior to March 1. Bills based on - 2 - 06/17/81 estimates shall be sent by the City to each Participating Entity as costs are incurred. Adjustments shall be made annually as of February 15 to correct for actual participation for the preceding calendar year. Requests may be modified during the year subject to availability of capacity and prior City approval. (e) City may require Spreader to contribute labor, material, equipment or other services necessary or required to construct or maintain the spreading facilities subject to City supervision and approval. The value of such services shall be credited to the Spreader. ARTICLE II. OPERATION AND USE OF LAND AND FACILITIES. Spreader shall have the right under City operation to spread water on the City Spreading Area subject to all the limita- tions expressed in this Agreement, including the following: (a) Recovery will be limited to the net amount of water placed in underlying storage. Spreader will keep a positive -balance in its account at all times. (b} Spreader agrees that it will not claim credit for normal, natural and/or unavoidable losses and will not claim credit under this Agreement for percolation of water in the City Spreading Area which would have occurred under pre-existing conditions and is therefore not supplemental groundwater recharge. (c). Spreader shall have the right to use up to ten (10%) of the City's excess spreading capacity on any given day. Other Participating Entities may be granted similar rights in 06/17/81 --3-- similar amounts. Spreader shall also have the right, correlative with all other Participating Entities, to use the unused right of any other Participating Entity, or,the City's unused reserved rights, if any, on any given day or over any given period, with the prior consent of the City. (d) Kern River native water will be given first priority for spreading within any excess spreading capacity. ARTICLE III. SPREADING FEE. (a) In addition to the payments required pursuant to Article I, Spreader shall pay to City the following fee: (1} For water spread for subsequent irriga- tion use: $ per acre foot. (2~ The charge herein is subject to escala- tion on the basis of the July 1, 19 , Price Index "All Commodities~' classifications for the Wholesale Price Indices for Major Commodity Group published by the U.S. Bureau of Labor Statistics. Adjustments will be made in January 'of each year. (b) All charges and fees payable pursuant to this Agreement are due and payable by Spreader to City within thirty (30) days after mailing of notice by City. ARTICLE IV. TERM. This Agreement shall be for a term'beginning on the date of execution hereof and ending on July 1, 2012. 06/17/81 -4- ARTICLE V. GENERAL CONDITIONS: (a~ Ail rights created in this Agreement shall be subject to the City's reserved rights to spread, percolate and later recover water from the City Spreading Area, hereinafter referred to as the City's "Reserved Rights". The City's Reserved Rights shall continue, to have the first priority for use of the City Spreading Area and facilities for spreading and'recovery of water. (b) All rights created in this Agreement shall also be subject to those 'rights granted to the Olcese Water District and the Buena Vista Water Storage District, hereinafter referred to as "City's Prior Contractors" under and pursuant to the Basic Spreading Agreements. (c~ Water spread pursuant to this Agreement shall not be extracted from storage by Spreader and used outside the boundaries of the Spreader nor outside the boundaries of the County of Kern without the prior approval of the City. (d) Kern River water spread pursuant to this Agree- ment shall not be used by Spreader on any land not overlying the Kern River Groundwater Basin not historically supplied with such water without the prior approval of the City. (e) No water other than Kern River water shall be spread under this Agreement without the prior consent of the City. (f) This Agreement shall not be interpreted to limit in any manner any rights of City to spread in, recover, transfer, exchange, or convey water from the City Spreading Area 06/17/81 ·-5- without restriction. Spreader agrees not to contest such rights of City. (g) Participating Entities shall not enter into any sale or exchange agreements relating to water stored pursuant to this Agreement without prior City approval. (h) No water stored pursuant to this Agreement shall be extracted from storage and used for purposes other than irri- gation without the prior consent of City. (i) This Agreement shall be subject to the terms and conditions of the City contracts with North Kern Water. Storage District (No. 76-89); Cawelo Water District (No. 76-62); Kern-Tulare Water District (No. 76-61); Rag Gulch Water District (No. 76-63); and Rosedale-Rio Bravo Water District (No. 76-180) to the extent any provision herein is inconsistent with the terms of said contracts. (j) This Agreement shall also be subject to any federal, state or local regulations or local restrictions limiting in any way the performance by City of the terms of this Agreement. (k) Spreader shall indemnify.City, its officers and employees, against any liability for injury to,. or death of, any person or damage to any property caused by a negligent or a wrongful act or omission occurring in Spreader's performance of this Agreement. (1) If City is compelled to resort to litigation for performance of conditions of this contract, including any 06/17/81 -6- payment due the City, court costs and attorney's fees shall be paid by Spreader. (m) Any material breach of the terms and conditions of this Agreement shall render this Agreement inoperative at the option and at the sole discretion of the City. (n) In no event shall City be liable for any damage which may result from City's non-negligent performance of any order or direction to it. (o) It is anticipated that water will be extracted by Spreader under this Agreement by wells owned by Spreader, or by landowners within Spreader's boundaries. As a consequence, Spreader agrees to provide City, by April 1st of each year, with an annual report of pumping from all wells owned or controlled by Spreader, and all wells owned by landowners within the District specifying therein the amount of water stored pursuant to this Agreement which has been extracted in the preceding calendar year. (p) City shall be responsible for,..and shall maintain records of all spreading on the City's spreading area and the recovery of all such water wherever extracted. Spreader shall have access to such records. (q) Any notice, billings, or correspondence required herein may be given by mail, postage prepaid, directed as follows: Spreader: City: Bakersfield Water Board 1501 Truxtun Avenue Bakersfield, CA 93301 06/17/81 -7- (r) The term "Spreader" as used herein includes the successors, assigns or any landowner within the Spreader's boundaries, who extracts water from the groundwater basin based on any right resulting from the storage of water by Spreader under this Agreement. ~s~ This Agreement may not be transferred or assigned, either voluntarily or involuntarily, by Spreader to any other party without the prior Written consent of City. IN WITNESS WHEREOF, the parties hereunto have set their hands the day.and year first hereinabove written. By CITY OF BAKERSFIELD Mayor ATTEST: City Clerk APPROVED AS TO FORM: City Attorney Assistant C~ty Manager-Finance 06/17/81 -8- .STA~ OF CALIFORNIA---RESOURCES AGENCY EDMUND G. BROWN JR., Governor DEPARTMENT OF FISH AND GAME REGION & 1234 East Shaw Avenue Fresno, CA 93710 (209) 222-3761 ,)UN 12 lg81 =ITY OF BAKERSRELE. DEP~ Ot: WAH June 9, 1981 City of Bakersfield Water Board 1510 Truxtun Avenue Bakersfield, CA 93301 Attention: J. E. Chafin Dear Mr. Chafin: It has come to our attention that the City of Bakersfield owns some lands which periodically provide wetland habitat for waterfowl as well as the potential for providing a limited amount of recreation for the seneral public. This area consists of the lands used by the City of Bakersfield for ground water recharging. It totals approximately 2,800 acres and is located adjacent to and including that portion of the Kern River between an extention of Renfro Road westerly to Enos Lane (map attached). During "wet years" the flooding of this area occurs during the period that wintering waterfowl are in search of habitat in the San Joaquin Valley. The recharge basins at that time attract and hold a variety of waterfowl. Row- everm the presence of the waterfowl concentrations undoubtedly results in a certain amount of unauthorized hunting in the area. I would like to propose for your consideration a recreational program which may help alleviate some of the trespass problems and at the same time provide a limited amount of controlled hunting. During the years when water is available and held, between 'October through January, and when at least 500 acres or more are flooded, waterfowl hunting could be permitted under the control and supervision of the City of Bakersfield with assistance from our Departmentms wildlife management and law enforcement personnel. This program could be beneficial to you by reducing trespass end liability problems while at the same time provide a limited recreational pro- gram for the Seneral public. City of Bakers£ield -2- June 9, 1981 Our Department has become involved vith such a program vith the City of l~erced this past year. So far the program has proved successful~ and we look forward to its continuation. For your information I am including a copy of the Nerced City Councilts resolution ~nd a description o£ the Nerced huntin$ prosramo Your consideration of a similar program would be appreciated and I would be happy to meet with your board ~e~bers to discuss the prosram possibilitteso Sincerely~ George D. Nokes Regional Hanager Eric1. 4~'E' R 2:5 E R 26 E ;' .... R 2:7 E :: ~ . i -"' ~.. MEASUREMENT ~ · &"-:2'" = ": " B'UENA VISTA LAKE ~ ,. \\ E R 25 E R 26 E R 27 E RESOLUTION NO. 80-75 ' "'" ~' .. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERCED APPROVING AGREEMENT WITH STATE DEPARTMENT OF FISH AND GAME FOR HUNTING PROGRAM FOR MERCED MITIGATION LANDS' " THE CITY COUNCIL OF THE CITY OF MERCED DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The agreement, attached hereto as Exhibi'~ A, with the Department of Fish and Game for conducting a hunting program on City property is hereby approved. SECTION 2. The City Manager is hereby authorized to execute said agreement on behalf of the City of Merced and to take all further action necessary to implement said ~program. PASSED AND ADOPTED,by the ..City Council of the City of Merced at a regular meeting held on the 18th d. ay of August, 1980, by the following called vote: AYES: Council Members': Trude], Archer, Pipes, Herman, Gabriault, Hart NOES: Council Members: None ABSENT:' Council Members: '~0ing$ ~APPR~~. " Mayor ATTEST: · '~ .- · city Clerk ,.- ,~ - , ....... ."w/, h . . ~;~ .'.. .... .-, . ~ ..} · . - BY: ' c'~ ~.~~ " -- ' Deputy City Clerk ~, L~:" ~ ' '" '"' ' ~ ( SEAL ) ~ "'; ,,'.-~ ..... : ... ~. HUNTING PROGRAIt FOR CITY 'OF HERCED HITI~TION LANDS . .-.': [j~' .:.-'. I. AREA Hunting vii1 be~alIow~d onIy on the &O0 acre mitigation area. II. SEASON Hunting will be alIow~ for any resident or migratory game species during the open seas~ for that species (dove, rabbits, vaterfowl~ phe. asat) except that no shooting will be allowed on Area during heron and egret nesting season~ l,e.t end of waterfowl season to July 1. III. DAYS OF USE Hunting viii be allowed only on Wednesday~ Saturday and Sunday. IV. HUNTING HOURS Hunting hours shall coincide with working hours of City employees for security reasons. Vo ACCESS PEEHITS Permits will be required for 'all personnel to hunt on the Area. Pemits : will be issued at the City Engineerts Office for hunting outside the waterfowl season on a first come/first served basis to a limit of ten (10) persons in the field at one. time for safety purposes. State of California waterfowl and pheasant hunting permits will be issued at the City Engineer's Office. A maximum of ten (10)' permits will be issued on a first come/first served basis sis.fling 13 days prior EXHIBIT desired hunt day. No hunter shall receive an advance reservation more than twice durin$ each half of the waterfowl season. Four' 'days prior to the hunt day all reservations not issued will be a~allable on a first come/first served basis resardless of the number of times a person has previously hunted the area. No permits will be issued durin$ the 72 hours prior to the hunt day. City of Herced reserves the right to collect an administrative fee if and/or when necessary. VI; ACCESS CONTROL All hunters will be required to check in and out through facilities at the Sewase Treatment Plant. VII. VEHICLES AND PARKING All hunter vehicles wll~ be restricted to a prescribed access route to the hunt area. A parkin$ area will be established at the edse of the hunt area. VIII. SA. FETY~ SECURITY AND ENFORCEI~ENT Shotsuns only will 'be permitted on the huntin$ area. No loaded weapons will be allowed outside of the hbntin8 area. The City of Merced will retain'responsibility for security on the City property. Fish and Game will provide assistance with enforcement ' problems to the fullest extent 'possible. Fish and Game personnel will check the area on an intermittent basis. The City retains the risht to bar. any person from Area for infractions of rules. ," Fish and g~e viii post the open and closed areas prior to hunttn$~ provide the necessary permits~ and assume liability for persons en~aEe~ .- tn hunting under permit fro~ the Department of Fish and Cameo .. · George D. Nokes City -of Herced Regional Hanager Department of Fish and Ga~e