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Home My WebLink About12/14/83 - -~-- -, '-' . h " I . AGENDA ------ WATER BOARD - CITY OF BAKERSFIELD WEDNESDAY, DECEMBER 14, 1983 12:00 P.M. - NOON Call meeting to order. Roll call - Board Members: Barton, Chairman; Payne, Moore, Russell, Oberho1zer 1. Public comments to the Board. 2. Approve minutes of meeting held September 28, 1983. 3. Special facilities agreement for Ashe Water transmission pipeline. FOR BOARD ACTION and RECOMMENDATION. 4. Mainline extension refund assignment. FOR BOARD INFORMATION. 5. Mainline extension agreements - various locations. FOR BOARD INFORMATION. 6. Water Board Ordinance - for discussion. BOARD ACTION TO BE DETERMINED. 7. Closed Session - Water matters concerning potential litigation. 8. Staff comments. -î 9. Board comments. 10. Adjournment. j ~'f.l¥1, . ..~ ,- WATER BOARD - CITY OF BAKERSFIELD WEDNESDAY, SEPTEMBER 28, 1983 12:00 P.M. - NOON -- The meeting was called to order by Chairman Barton in the Department of Water Resources Conference Room. The secretary called the roll as follows: Present: Barton (Chairman), Payne, Ratty, Kelmar, Oberholzer. The minutes from the meeting of July 27, 1983, were approved as presented. The Agreement for final design and engineering between Ricks, Taylor & Meyer, Inc, and North Kern W.S.D., City of Bakersfield and Kern Delta W.O. (First Point Group) for re-construction of Calloway River Weir located 1/4 mile west of Chester Avenue was presented by Mr. Bogart. Mr. Bogart recommended the following changes be inserted in Section 3.02 "Maximum Fee Amount". The Engineers shall receive a sum of money not to exceed six percent (6,00%) of the total construction cost of the Project and/or forty-eight thousand dollars ($48,000.00), whichever is less. Also, Maximum Fee Amount for all inspection and engineering associated.with actual construction (incl"uding but not limited to resident engineers, supervision, etc. as listed in Section 2.02) shall not exceed forty thousand dollars ($40,000.00) for the construction phase of the project, Mr. Oberholzer recommended that the standard clause of indemnification should be in the agreement, Mr. Oberholzer made a motion to approve with the added provision from indemnification for services performed under the agreement plus those amendments recommended by staff. Motion passed. Mr. Dow presented the proposed re-organization of Agricultural and Domestic water division of the Department of Water Resources. Mr. Dow recommended that the Water Board recommend to Council that this item be referred to the Governmental, Efficiency, and Personnel Committee. After discussion, Mr. Payne made a motion to recommend to Council that this be referred to the Governmental, Efficiency, and Personnel Committee to study recommendations. The motion passed. Mr. Kelmar suggested the Board move on to item 5 on the agenda. There were no Public, Staff or Board comments. Adjourned to Closed Session. The meeting reopened to the Public and was adjourned at 1:04 p.m. - ~9-r&~ . (J; mes J. (.Barton, Chairman City of Bakersfield Water Board J ' I "'i <.., I; . 2 /-/ C />0.:. --I :.t/Lt"v{ " ~~, -- Sharon Robison, Secretary City of Bakersfield Water Board --- ----- -.- -- - -' .-¡ ",9 SPECIAL FACILITIES CONTRACI' NO. SUJ::xli.vision, Tracts and Housing Projects, and/or Organized Cœrnercial Districts Utility Name: City of Bakersfield Address: 1501 Truxtun Avenue, Bakersfield, CA 93301 Applicant Name: Tenneco Realty D=velopnent Corporation Address: P. O. Box 9380, Bakersfield, Ca 93389 Description: Purpose of Contract Applicant hereby applies for residential and ccmnercial water service and water for fire protection. The facilities described in attached Exhibit "A" shall be installed by Applicant. Such facilities shall be used for the purpose of furnishing water service to properties kno.vn as the Village of Campus Park Su1xli vision and delineated on the map attached as Exhibit liB ". Applicant agrees that it shall, as soon as necessary materials and labor are available and necessary authoriza- tions have teen obtained, ccmœnce and prosecute .to canpletion with all reasonable diligence the work of L~stalling the facilities. h'hen I facilities are accepted by the City, City shall provide water service I in accordance with City's tariffs. I Special Facilities Applicant shall pay the cost of the facilities. The estimated cost of Special Facilities required to serve the development is $80,000. M1en these Special Facilities are designed and constructed by Applicant in accordance with City specifications and approval, the total actual cost of approved facilities shall te determined, and the total actual cost shall be refunded by City to Applicant. The refW1d shall be based on 100% of the cost of the Special Facilities to serve the village of Campus Park SuJ::division. The area to be Served by 100% of these Special Facilities is the area rordered by Old River Road, ~<JÌ1ite Lane, C-osford Road and Pacheco Road. No inspection costs will be charged t,o this Special Facilities contract by City and/or California ~vater Company. (1) -~-- ~-_.-- --- - ~----~ --------- - ,~: . ,\ ~ "... .> .. ;,"'"' >. There shall be no other service charge, connection charge or chaige of any type by City for water service to the Campus Park SUl:xlivision served by these Special Facilities, with the exception of water service in accordance with City's tariffs. Refunds - Special Facilities The total actual cost shall be refunded by City to Applicant. The refund shall be due Applicant up::m ccmnencement of water delivery service to each lot or acre, or fraction of acre thereof. Until Applicant shall notify City in writing to the contrary, all refunds hereunder shall be paid by City to Termeco Realty Developænt Cor- poration. Refunding of the 100% of the actual cost of the Special Facilities to serve the Village of Carrtpls Park Sulxlivision shall be as follows: 55% of the 100% is attributable to approximately 1108 single family residential lots. 30% of the 100% is attributable to approximately 85 acres of Imll ti family acres. 10% of the 100% is attributable to approximately 18 acres of schools and parks acres. 5% of the 100% is attributable to approximately 10 acres of c::x::mnercial. Payment of refunds shall be made within 60 days after the date of first service to a l:xma fide custaner. MY unrefunded balance which may remain unrefunded at the end of three (3) years shall be refunded in total to the Applicant v.'Ìthin 90 days. Should the City extend water service to any new acreage outside Tenneco Realty Developnent o.vnership, and if that new acreage received direct benefit fram the use of the Special Facilities, then the City shall reapportion the refundable costs of the water facilities based on the increased acreage of benefit as determined by the City. The City shall ccrnpensate the Applicant for the additional acreage receiving benefit fram the water facilities as determined by the City. HONeVer, in no event shall the Applicant receive rrore than on hundred percent (100%) of the total cost of water facilities. The advance per lot or acre shall be refunded for each lot or acre, or ¡:x:Jrtion of an acre, on which one or more oona fide custaners receive water delivery service by those facilities. Condi lions City agrees to use its best efforts to assist Applicant to obtain (2) ~---- \ . '" , " }' I' " , r~ ,è , ... any and all autOOrizatians which may be required for the installation of the facilities. Applicant shall provide free of charge any ease- ,IœI1ts and rights of way required for the installation where such rights of way or easanents occur on Applicant I s land. The cost of acquiring any easaœnts and rights of way fran any parties other than Applicant shall becane part of the total facility costs. - Burden of Risk on Applicant The b.1rden of risk in constructing the Special Facilities shall rest with Applicant. Applicant shall design and construct all new facilities subject to City specifications and approval. Should any facility con- structed by Applicant not perfonn to its design specifications, the ! j City shall be under no obligation to purchase such facility. The City I. shall not cx:mpensate Applicant for any costs incurred in locating or I constructing or developing any special facility which does not caTq?1 y with City specifications nor meet with City approval. Successors and Assigns The obligations of the Applicant shall be joint and several. This agreaœnt shall bind and inure to the benefit of the heirs, represent- atives, executors, admiJristrators, successors and/or assigns of the respective parties hereto. (3) -- -------- -- . . . c-. ., - 0"" The effective date of this Contract shall be the day of ,19. CITY OF BAl<ER)FIELD By i' Mayor ! By ,City Clerk APPIDVED AS 'ID FOR-1: City Attorney Director of Water Resources CŒJNTERS I GNED: Assistant City Manager-Finance DEVELOPER: ~CO REALTY DE\lEIDPr-1ENT CORP. By By (4) I I I '.~., '. I ~. . þ -.. ., ASSlCiNME NT The underligned hereby al.ign. to __l~~~~~o~~------------------------------------------- Retirement Trust 2920 Broadway Redwood City, CA 94063 . ------------------------------------------------------- , all of itl right, title and interelt in and to the following delcribed Water Extenlion Âlreement: City of Bakersfield With: 1501 Truxton, Bakersfield, California 93301 D ate d: February, 1980 Completion date: For: Water facilitie. Tract No: 3827 - Unit D Am 0 un t 0 f de po. it: ($;.l.,-§;J~~Actual amount of toi~l refund under this "'- -------_.// Agreement is $29,690.89 B a 1 a nee in de po. it: ~-- - N u m b e r 0 f . e r vie e . : 60 Number of hydrant.: Refund ba.i.: The exclulive right to receive from the City of Bakersfield Boloa, B.l.c, and B.2.d. vi þ.ft/~ /rl k/øJ:tdrlá/rlf¡ ____1~_____-- per c en t 0 £ the rev en u e. de r i ve d the ref rom in com p li an c e with See t ion ,) tJ N 0 £ the M a in E x te n - which is within the General provisions and 8 ion R u 1 e, oIt IJ/'¡ /rl'¡ IJ/ 11:( 6/..1 ~/rfJ'J ~/í Ilw , It IJ/fJ 1.1.1 I IrII¡I ItN.Ie/ Ipl,l W:J t I /I.J tAN;!í (M'¡ definitions of said rules t:1 6/rH írI. t ¡,¡ í I hi ri I I J l/ I'¡ 'It /.J / /;/ í ..ItJJ I IcJ { / / rt IrI i t/ 1cI.J 1n!:J.. . The underligned warrantl that it ie the ownere of laid agreement free and clear of all claime, liens or encumbrancee, and agrees to defend and hold the assignee harmless of and from all costs or claims ariling out of any violation of this F:,ovision. Accepted: Charle U. Kring City of Bakersfield - ¿ ~~~~Æ~~- By: Dated -_£~~~-~~~~~El~~l~l______- ~ -- -- ---- ~ ~~~~~add-~ ;.- ,-., W ,.¡g, -;¡tf ~~, ~ 83-28 W. B. ASSiûSIMEN7 The und~r8igncQ hereby a881~ns to \.1¡¡J':í.r',:I::qr., ------------------------------------------------------- )¡)hO :",dUl!1WI.':¡l 9(,[ ÌI I\VI'IIII(, ¡v:.¡ 1I;¡í, ¡,'",-j,J,ï 1:',1(,') ------------------------------------------------------- a,l of its Tlght. title and inttrt'.st 1n and to the following ClcIJcr¡bed Water :;':xtenillon Agrteme:nt: With: (;,.Ly ,)1 iJ,¡,¡'r:"i.I.'I", 1)li¡ Tr1lXl<J11 ,\Vl.'l1l1C, B~li<e1"sr¡L'¡d, C;1l.iful"oia 93301 "¡),~tcd: ..,I.1d,¡,"'" ,í, ¡'J/{¿ .:; (, rr: ? 4 C t : 0, ,1 d Ii , C : For: Water ().cl~iLleð :i,I.11 ",-,ll',:;",.;, i,l\' 'ì'¡-;ICt' Nn.H327 - Unit "A" Amu1J,n', of del\(;uIt, ','" 'J¡",.'. II ~'~---?'1. r ," , A- ') ;J ,f q l\ .,.. ~. ct'." "I')(\'~'\' . ú 8. l fA n c <: 1 n e p v ~ 1, ',-,-h-,.',J-, -,I- 1,l( v \ ~'ur:"lber of lìI{"rv;c.es; "\\.';;"',I\,'q ,"\' ',',' ."':uri,ber of îy('¡rJ..n~s, II Ref.... n d b a íI 1 I) : ~J.~ h e e x c 1 u . i vel' i g h t t 0 l' to c r i v t fro m the w;.tcr cOr.-'p(ìn':____--,~--____?e:r'"t'nt of thf'. revenuee derived '; , ,I . ," ¡ I' ,I" tI 1\ It: ,hr]"f'f'rQm 171 COmt)ilanC'p' w1:h Srctlon!"C" of the Main Exten- RIO Ii H \J ¡ l'. tdtdl¡f t../ti/i/",,: blý,./rt,fJ è!V/!~ /.I, Nt} l.1.I! N iiI IV!,. èl /"PNÞlV-n/N~N'¡IVV1 nil I , ¡:;blr1rIfril~/tiAk.JVlI/Øj.//1'tl;"'¡/!fIt.NfÍ//(H//ŒI<i¡Hfr:itHï--I, \ýltl' 11 is wlthin the General I 11¡lvi,j(II!'; Ill,. ",'ililili,'¡III 1..li<l I~"II"', ,he undc:røi~ncd war¡"ants that ¡t ¡8 the owners oi said .1,¡,r('("IlI('lÌllr(~I' ,1\1t": ¡ Î('ar of ."\11 claims, liens or encumbrancee. .11,1) a¡.(r('ca:n (11','I'nd and hold the 1\,~!l1I<:nc(> harmìc8b of and fr...n a:1 COB;& or claims ariaing out of any violation of thi8 ;;;'\Jvlfilon, . ¡\('j't'pu'e: Neptl!ne Investment Company . ::¡Ly or I~:dq'n,f ;('Id !,/ 1{741;1' / . 7 '-. --- <,.:".J', (J;/';/í/(A. ",...4 / , /"'; l <.. ' , - /. , ~' I ---~'-""'-'~r..L.--- --'t:--,-.r----- 1!1:::_.:L¡;.cJ.~:~(/'.~---,--_._---- (:,,'ll1"¡/' F. ~1rK('nney, ?res:yrent , . Ddtl'ú 11"""'111('1' il, :~';-';' J),III'I~: :"'l'\'l1:h.'r 4,1982' -------------------------- ---- --~-~ ;>;. ~,';'" .~ ~ . -'. . " ,. ", , , . MAINLINE EXTENSION AGREEMENTS Agreement Number Water Tract or Refund of Board Deve 1 oper Parcel Map Ac t u a 1 Services Number Tenneco TR 4568 $ 26,247.86 n/a Phase I, Uni t I Tenneco TR 4562 32,213.59 39 Tenneco TR 4568 24,870.24 Phase I, Un its 3 & 4 Tenneco TR 4568 54,913.96 85 Phase II, Un it I Tenneco TR 4563 92,789.63 62 Tenneco TR 4608 28,299.13 32 Tenneco TR 4610 43,425.05 46 Tenneco TR 4576 69,643.50 89 Tenneco TR 4594 32,721.66 49 Tenneco TR 4593 62,655.69 95 Tenneco TR 4602 43,329.64 65 Tenneco TR 4611 42,452.91 63 Tenneco TR 4620 131,552.62 74 Tenneco TR 4544 39,443.64 50 Tenneco TR 4482 80,015.03 I Phase I' Tenneco White Lane 6 I ,03 1. 05 11 Tenneco TR 4561 61,528.81 82 Tenneco TR 4550 10,130.21 22 Tenneco PM 6790 124,469.81 18 Tenneco M i ng Avenue 256,383.24 59 Tenneco TR 4494 169,699.95 12 Tenneco Gos fo rd Road 100,787.55 10 Tenneco Gosford to Old River 160,573.17 11 Tenneco TR 4482 83,693.17 195 Tenneco PM 6721 16,879.91 TOT AL $1,849.751.02 1,170 \ -- u_--- 2.16.010-2,IS.oi 2 "'-1> .1. Chapter 2.16 of the department, (Ord, 2787 §§ 4, 5, 1982; prior code § 1.45.040). , WATER RESOURCES DEPART~IENT ) Sections: Chapter 2.18 2,16,010 Creation of department. 2,16.020 Director of water resources- WATER BOARD Supervisory duties. 2,16.030 Director of water resources- Sections: Duties generally. 2.18.010 Board membership, 2.18.011 Chairman and vice-chairman, 2,16.010 Creation of department, 2.18.012 Policy and purpose, There is cre:lted a water resources department 2.18.020 Authority and powers, and the office of director of water resources. 2.18.030 Sale of water, (Ord. 2.787 § 2, 1982: prior code § 1.45,0 I 0). 2.) 8.040 Additional powers, 2.18.050 Director of water resources. 2,16.020 Director of water resources- 2.18,060 City clerk-Ex-officio secretary. Supervisory duties. The director of \V:lter reSOllrœs. who shall be 2.18,0 I o Board membership. appointed by the L"ity manag~r. slnll Inv.: Th~re is created J board which shall be k!1ùwn general supervision over the department. (Ord, as the city water board, \lembers at (he \\~Her 2787 § 3, 1982: prior code § 1.45.030 L board shall be the members of the city council water and growth committee. the city m:lJ1ager. 2.16.030 Director of water resources-Duties and the city attorney, all of whom are and shall generally, be officers of the city. lOrd. 2632 § I (part). ) The duties of the director of water resources 1981 ). shall be as follows: A. Supervise the 3ctivities of employees in 2,18.011 01ainnan and vice-chairman. the department: One member shaH be elected as chairman and B. Regulate the operation of the canal system one shaH be elected as vice-chairman to serve in within the jurisdiction of the city; the absence of the chairman. (Ord, 2632 § I C. Attend meetings, consult with, and advise (part), 1981), the city manager on water-related matters which may have an effect on the city; 2,18,012 Policy and purpose, 0, Supervise administrative and clerical work A. The city has acquired significant water and prepare department budget; rights and lands and facilities associated with E. Maintain water records on aH water from those water rights for the purpose of assuring the Kern River under the ownership of the city; the inhabitants of the city as it now exists or F. Cooperate with those districts and entities as it may be constituted in the future with an contracting with the city for water supplies; adequate municipal water supply. It is the policy G. Make recommendations from time to time of the city that the administration of the city's on the operation of the water program of the lands, facilities and rights associated with water city; be carried out to preserve and conserve such H. Supervise the activities of the agricultural rights and facilities for such future use within water, domestic water and wastewater divisions the city. (Bakersfield 9-83) 34 ) :~ ------ 2,18,020 6.-,;. ./ " f B, The purpose of the water board shall be to F, Collect all charges for water rates or from ') regulate, control, manage, renew, repair, replace, water sales or exchanges, or from use of any and preserve the water rights. and water associ- city-owned land for purposes relating to water ated with those rights, and the water facilities storage, spreading, distribution or delivery; and related lanJs of the city consistent with this G. Conduct surveys and investigations policy. In administering antI implementing this pertinent to the water supply and resources of policy, it shall make every effort to conserve the city: water for the benetìt of the present and future H. Appropriate, acquire, by purchase, gift, inhabitants, including the protection, preserva- devise. \else and conserve, lease, mortgage, deed tion and augmentation of the underground in trust, hold, manage, and control water and water supply. In carrying out these policies, the water right$ for any useful purpose and such board shall enter into arrangements with others other property as its interests may require; on such terms and conditions as, in the board's I. Store, spread and sink water and construct opinion, will best serve the public interest, All dams, reservoirs, canals, ditches and conduits, such decisions shall be accomplished by a spreading basins, sinking wells and sinking majority of the water board. comprised of basins; officers of the city as an honest exercise of J. Drill, construct, install and operate wells, reasonable discretion. (Ord. 2632 § I (part), pumps, pipelines, conduits, canals, valves, head- ] 981 ). gates, meters, and other appurtenances to such wells, pipelines. canals and conduits, and pump 2.18,020 Authority and powers. water therefrom and thereby for sale, delivery, The city water board, subject to the policies distribution, or other disposition; and purposes set forth in Section 2.18.012, is K, Deliver, distribute, exchange or otherwise authorized and empowered to: dispose of any water, or water rights, other than ) A. Create, supervise and direct the operations by sale, that may be stored or appropriated, of a city water department and any municipal owned or controlled by the city; water service activities assigned to or admini- L. Appoint and employ such consultants as stered by any other department of the city; the board deems necessary or advisable to B, Make recommendations to the city council accomplish its purposes; regarding the establishment of municipal water M, Contract for services, tools, implements, rates by the council; machinery and equipment as the board deems C. Make recommendations to the city council expedient or advisable to perfonn the work for acquisition and sale of real property required which it deems necessary or advisable to accom- to carry out the policies and purposes set forth plish the purposes set forth herein; herein; N, Provide for the Payment, from the water ~ D. Prepare, or cause to be prepared, annually fund, of all the debts of and just claims against : 1! a budget for the operation of the water system, the board; ~ which shall be subject to approval by the city 0, Disseminate infonnation concerning the ,¡ 1 council; rights, properties, activities, operations, plans .~ .f:. Control and order the expenditure of and proposals of the board; t moneys received from the sale and use of water P. Regulate, control, manage, renew, repair, .j for the defraying of expenses or maintenance replace, and preserve the water facilities and!! and repairs and operation of the city's water related lands of the city, to conserve and. ,I facilities, and for any expenses for addítions to augment and to preserve the underground water ,í the same; supply in the areas surrounding, the city; ) 35' (Bakenfleld 9-83) j ~-;i.~",. ,<411 2.18.030-2,20.040 "",,' .....~ ' Q. Enter into and make ~ontracts, on behalf other action directed by the board, (Ord, 2632 of the city. to effect and carry out any of the § 1 (part), 1981). duties enumt'.rated or powers delegated herein: R. ~Iake rules and regularions governing the condu~t of the board and setting the time and Chapter 2.20 dares for meetings: S. Provide general Jire~tion to the manager DEPARTMENT OF FIRE AND of rhe w:Hèr deparrment regardin~ rhe opera- DEVELOP~tENT SERVICES tions of that department. lOrd. 2632 § I (parn. I C)81 ). St"Ctions: 2,20.010 Creation of department, 2.18,030 Sale of wa ter. 2.20,020 Office by appointment. The city water board, subject to the policies 2.20.030 Responsibility of department, and purposes set forth in Section 2.18.012. is 2,20,040 Duties of department head. authorized and empowered to sell su~h water, or water rights, owned or controlled by the city 2.20.010 Creation of department. 5ubject to confirmation of such sale by the city There is created the department of fire and -:ouncil. (Ord. 2632 ~ ¡ (part). 1981). development services, (Prior code § 1.50,0 10), 2,18.040 Additional Po\\ ers. 2.10.020 Office by appointment. In addition to the PO\\ ers exprc:ssly granted The office of fire and development seryict'.s herein, the board shall haw the tllrther powers shall be by appointment of the city manager. necessarily or fairly implied as Incident to such (Prior code § 1.50.020), expressed powers \vhich are necessary or indis- pensable to the accomplishment of the declared 2.20.030 Responsibility of department. policies and purposes set forth haein. (Ord. The department of fire and development 2632 § I (part), 1981). services shall have general supervision and shall be the appointive power over the fire depart- 2.18.050 Director of water resources, ment, planning department, building department The director of the water n:sources depart- and domestic water system. (Prior code § ment, appointed by the city manager, who shall 1.50.030). be an officer of the city, shall be responsible for the day-to-day supervision and direction of the 2,20.040 Duties of department head. operations of the city water resources depart- The duties of the department head shall be as ment, shall be authorized to execute contracts follows: on behalf of the city, subject to board direction A, Supervise the activities of the employees and approval, and shall carry out the duties of the department; designated by the board from time to time, B. Supervise administrative and clerical work (Ord. 1815 § 1, 1983: Old, 2632 § I (part), and prepare the budget for the various depart- 1981 ), ments under his jurisdiction; C. Attend meetings, consult with, and advise, 2.18.060 City clerk-Ex-oftìcio secretary. the city manager on matters within the depart- The city clerk shall be ex-officio secretary of ment; the water board, and shall keep a record of the D. Make recommendations from time to time proceedings thereof, and shall. whenever on the operation of the department. (Prior code required, certify such proceedings and take any § 1.50,040). " (Bakersfield 9-83) 36 ) I . " "" '.. ,', ,"v, ,',' , ., ' , . ':, KERN COUNTY WA TER AGENCY ":':§:;~' .;"'.""" .' .:". . -, , - :,,~'j,~;:::'~~Ljr~f,:;ci~~-'~f~:~:.:-a~~,f~ (;20 ~~,~~; d: ':,' ',-.. . .. .. ,-,':::_, >.~.~..: --~ ':- ",' ... ~t>\:"", :r-, ": r~I"'~I'C"<' tic<" _'~.;"': ': - U',;:¡ .',.."... - -; " " c I, ,." . -' '-, IÆ Ie C'~ H V -f&: Jij"':--:' "n" .'."", , .. '.'" .,"". -4:,,~)n ' " " I . t' ~ cc " -1 ,"",' ~ "'CCV'~', -', '." DEe ~~" ,"';"""""""" -<,.(I(,'~ :"",..11 ' .. ¡>'~"J"nt 161983 l.,g""""",,~, ":;"~e.\ Lun,J..uosl : , "'," . CITY OF !!AKEASFIElD :;"'- ,~'-j" , DEPARTMENT ~ WAlia q(sou~cr:; ',.. <-- December 7, 1983 .. ~ I? ~ C"" \\'.. r .. D. ' ,.J!, Mr. Pau 1 Cow "~:- .1 ¡ \, Ut.I ',/ 0 K,riJ ;,L~, Director of Water Resources "" ",. 1"" City of Bakersfield ClïY Aílf..;I"I..,t;Y :.i vrt'I(.;[;, 4101 Truxtun Avenue Bakersfield, CA 93301 Dear ~'r. Dow: Seepage due to th~ uncontrolled flow of water from t~e Kern 'River channel into an area adjacent to the Cross ~alley Canal south and west of Pumping Plant No. 4 pre~ents us from dewatering the canal for inspection and repairs. We propose 'that a control,structure be constructed at the entrançe to this area (attachment ~1), which will allow the flow to be shut-off for repairs and restarted and controlled on conpletion. This structure could be used for the inlet to the City's proposed spreading basin #8, while functioning as the inlet into the existing floodplain spreading area on a controlled basis. , We understand that the ,City does not intend to cons,truct this basin inl~t facility until some future phase of the project. Therefore, we propose to construct this inlet structure using the standard City dcuble 48-inch inlet structure (ðttach~ent No.2), usfng Cross ~alley Canðl. funds. The Department of Water Resources of the City of Bakersfield (City) and the Kern County Water AgerKi (KCWA) agree to the following - points: 1. City will a1'low KCWA to enter on City property to install double 48-incn inlet structure and'perfot1TI earth work as shown at locations shown on attachment #1. 2. Subject to reimbursement as provided in item #6 KCWA to ðssume all costs of construction includi,ng procurement of structure, installation of structure, and all necessary earthwork. 3. Actual location and structure elevation shall be verified with concurrence of City. . ~~;,-(\ /-¡:J-¡}ý tJ/ d~~{ð:k1 , .. " If.: .' ..Ik) I ...4,/(.( . ;-:- ... 4. City shall be so le operator of structure to regulate, measure - - flows. or perfonn any necessary charges in flow through "structure, .KCWA shall make reqUests for flow adjustments or ,shut-off through the Ci ty Di rector of Water Resources or hi s desi~nee.' 5. KCWA shall retain ownership of structure and sh~ll perform maintenance of structure or earthworks at request of City. Such maintenance work shall not be subject to cost recovery of stru.cture. . 6. Cost recovery of structure to KCWA from City shall be through credits for groundwater recharge spreading fees - facilities improvements component. Installation of structure and - earthwork.costs shall be reimbursed through credits, to the extent such installation or earthwork reduces the Clty's cost in construction of Basin #8. The credits will be given for actual costs incurred at the time of installation. 7. City reserves right to alter. remove, relocate or otherwise change location of structure of earthwork to accommodate construction of Basin #8. 8. City ,shall not be liable for<integrity of stru'cture or earthwork if damaged.. breached or otherwi se made in':" operable due to vandalism or acts of God. I 9. Nothing contained in this'letter agreement shall be ,construed as an admission of liability or other responsibility on the part of either the City or KCWA for any damages which'may have been caused to the Cross Va 11 ey Canal due ~to groundwater recharge or flow of flood waters into the area of the Cross' Valley Canal Pumping Plant #4. Neither shall the installation of the structure referred to herein be deemed an attempt on the part of either party to mitigate said damages. if any have occurred. Accordingly neither party waives any right or, remedy in connection with the aforesaid damages by exetution of ' this letter agreement. If you are in agreement with our proposal, please sign and return one copy of thi s 1 etter. ' Very truly yours, Stuart T. Pyle Engineer-Manager PAUL DOW Di. rector of Water Resources City of Bakersfield By: Date , -', --~ , /"" , " .' ~~¡j.b';;~::;,¡,~-,,:,,; .'.. i.'", " '.' '. <. . ,," ' .,- ." ' . ,,",~;1,~..~'j:':""">~:4"-"-"è"~-"""'4;::::""~i~t:;i,;~sh'ëilL.t)~~'ls'ôJé;'o¡Ye'ra;tf¡);r--'o_f:At::rl!¡cj¡üi€'"fi),:.i:eg~làte, rrieëisure" "<æ"",-~,, '~~jf>:--';.:'i~-,.;¡f~:':"i'~":-~'\itr,;,;:'i~~',<~il~t;-,j>~~form :-any. '~ece~-r~;.,~~rge,~- inno\'l;;.¿~hrough.:',;,,' p' ' ..: ", {: ""'{t~f~:~';:"¡:,:'-'~1~~t~~~:¿~\:<,~:'-.:s:trqG{u~~' ':~C~Asha11 ,ma,ke: reql:JeS't'~ :or flow-adJustments '?r' -"~'_/':';¡'.:-"., .'?^'~';;'::'~"'¡A~t:-~:f,~.:I"?hut-'off through theClty O:lrector o:f"Wa;ter Resource~or, hrs " . '. - '. "'. '~',~;;. :~';d'e').tgne~~~5:~:..,>.:~-~~" ' '~', '-, " , :' 5: KCWA shall retain 'ownership .of structure arid shall perfonn ' ' 'fila i ntenance of ~ tr\!ctu~e or earthworks at request of City. 5vc.'" , .....~., "~......<>,,eE' lAJ~\ c...,ll f\o~ b~, '::/tJ,;'c.-f 1-0 ,Cð':T, r/!'C6ut'Y'y o~ ,$-.¡...tJe.-Ír..."~~ 6. Cost recovery of structure to KCWA from City shall be through credits for groundwater recharge spreading fees -facilities -I improv~ments ¿omponent. 1nstal1ation of structure and earthwork costs- sha 11 be reimbursed through credits, to the ,extent such installation or earthwork reduces the City's cost in construction of Basin 88 ("\o.~ .:.."-"'..~f ,-",1\ be ~;",¿'{\ fo-r od~( CO,~1S "f\(I.Hecta, '\.t: +¡....t' c:.Z: \'I\~tøllo.t;!)",. - -' 7. City reserves. right to alter, rer:1ove, relocate or otherwise change lOcation of structure or, earthwork to accorrrnodate construction of Basin =8. 8. ,City shall not be liable for integrity of structure or earthwork if damaged. breached or otherwise made into operable due to varda1ism or ~c:s of God. 9. Nothing contained in this letter agreer:1ent shall be construed as an admission of liability or other responsibility o~ the part of either the City or KCWA for any damages which nay, hav~ been caused to the Cross '/a 11 eý .Cana 1 due to groundwater recharge or flow of flood waters into the area of the Cross Valley Canal Pumpi~g Plant #4. Neither shall the installation of the structure referred to hereiri be deemed an ittempt on the part of either party to mitigate said dama~es if any have occurred. Accordingly, neither party waives any . right or remedy in connection with the aforesaid damages by - execut i on of th is 1 et ter agreement. , If you are in agreement with our proposal, please sign and return one copy of ' this letter. Very truly yours, 4b- J/¡L Stuart T. Py1 e Engineer-Manager , PAUL row - 0; rector of Water Resources CitY,ot'Bakersfield By:" 'Date ~. - -.,..-.. . Î: ~-,-. - ..",:,. ,~ ; " ' . .. ~ ~~, , ~~,~.. ..~ ~ ...,,::"¡:: 4i,!,,:~~i" "i-~~ ~ .'" , " ¡;f,,)~.~:; ~,:""I . r '-'- " . "4.t",; . - .. ' ; ',. , ", ' ': ,-. .. ..... h.. -.> . ,,' .,;;,.~ " .. ,':,' ',~,,"";'" y...,:' . "', ," :. --. .' "', . --. . ".:' : ...', . .- -,-- ..1 '.__._~........:.':-~ ~-_.:::-.~-"",-,- ".. ., /...~... JÆ JE C ~1ÌV~ jD) ': MEMORANDUM JAN 6S84 J CITY 0; BAKERSFfElO Dil'AIiTMINT OP WAfla RESOU:tCES JanuAU:._~~84 TO PAUL DOW, WATER RESOURCES DEPARTMENT -------------------------------------------------------------- M RICHARD J. OBERHOLZER, CITY ATTORNEY FRO -------------------------------------------------------..:.------ E. . AGREEMENT WITH KERN COUNTY WATER,AGENCY SUBJ CT --------------------------------------------------------- --. ',. Pursuant to this agreement, once installed, Kern County" Water Agency will be responsible for repair and maintenance, but,' . .,. will the City give credits to Kern County Water Agency for work :'.-: . ~' . ',- done? , ....:-::::':"'- .,' .' Also, there should be a provision, that credfts will. be;' "'.' .¡ .given for actual costs incurred, not value a'tthe date credits are,,:",~-' gl ven. .', . ".;. Otherwise, it looks okay., ,- .. .'-j' .RJOjbl '" " ,