HomeMy WebLinkAbout07/27/83
\; u_- -,
'-
I-. "¡.
\
"'-
AGENDA
- - -- - - -
WATER BOARD - CITY OF BAKERSFIELD
WEDNESDAY, JULY 27, 1983
12:00 P.M. - NOON
Call meeting to order.
Roll call - Board Members: Barton, Chairman; Payne, Ratty,
Kelmar, Oberholzer
1. Approve minutes of meeting held June 1, 1983.
2. City of Bakersfield/California Regional Water Quality Control
Board contract for groundwater quality investigation of City's
"2800 Acre" recharge area; Seventh and Eighth Quarterly Reports.
FOR BOARD INFORMATION.
3. Proposed 29-year miscellaneous water sale agreement between
City of Bakersfield and the California Living Museum Corporation
(C.A.L.M.). FOR BOARD ACTION.
4. Request from Stanley C. Hatch, special water attorney, for
hourly rate increase. FOR BOARD ACTION.
5. Closed Session - water matters concerning potential litigation.
6. Public comments to the Board.
7. Staff comments.
8. Board comments.
9. Adj ournment.
.-';'
? .¡
M I NUT E S
-------
WATER BOARD - CITY OF BAKERSFIELD
WEDNESDAY, JUNE 1, 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, Oberholzer.
Absent: Ratty, Kelmar.
The minutes from the special meeting of April 21, 1983,
were approved as presented.
Correspondence:
Cawelo W.D. letter to City Council dated
April 25, 1983. This letter was referred
to Water Board by Council action on May 4,
1983. Mr. Oberholzer made the motion to
authorize the Chairman to send the Water
Board response letter to Cawelo W.D. The
motion passed. It was later suggested by
Mr. Oberholzer that the letter be changed
to indicate that the City Council referred
this letter Lo the Water Board and that the
Water Board is answering on behalf of the
Ci ty Counci l.
Mr. Payne made a motion for the Director of Water Resources
to execute Mainline Extension Agreements. The motion passed.
Mr. Oberho1zer made a motion for the Director of Water
Resources to execute Amendment to all Mainline Extension
Agreements entered into between City and Developers after
June 11, 1982. The motion passed.
A list of Mainline Extension Agreements for various tracts
in Ashe Water System was presented for information only.
The meeting adjourned at 12:l4pm.
~. ~ k:é
J¡á es J. /Barton, Chairman
Oity of Bakersfield Water Board
:Jf '/ / -
- /1Ut t,t---("-f.:}_"d, L-/ J..; ~tl-¡'¿;
Caro Pagan, Secretary ~
City of Bakersfield Wat~r card
---d -""'-"'"
-¡, -0. '..~
, -¡ .
r
SEVENTH QUARTER
PROGRESS REPORT
City of Bakersfield-
California Regional Water Quality-Control Board
Groundwater Quality Improvement Project
Standard Agreement No. 0-142-158-0
FEBRUARY 15, 1983
- -- -- --u-
¡ t
(
i l' ,
.
2800 ACRE REC~~GE FACILITY
CITY OF BAKERSFIELD, CALIFORNIA
Standard Agreement No. 0-142-158-0
Groundwater is the primary source of water supply for àll users
in the Bakersfield area of Kern County. The aquifers have been
subjected to intensive use over the past one hundred years and
as a result, areas of bad water quality have developed. The
over-all basin supply has also shown signs of quality degrada-
tion during this time period. Since nearly all water entering
the groundwater basin area stays there until it is used consump--
tively, the original salt load becomes concentrated as the total
water volume is reduced. Natural soil salts are also leached,
from the soil into the groundwater supply as a result of irri-
gated agriculture, recharge operations and point source disposal
activities. Additional basin-wide salt concentration results
from the continued over-draft of the basin supply.
E.P.A. has approved the Regional Board's Phase IV workplan for
Water Quality Management Planning for the Central Valley Region,
pursuant to Section 208 of Public Law 92-500 (The Clean Water
Act). The Phase IV workplan contains the Tulare Basin Ground-
water Quality Improvement element which names the City of Bakers-
field as Contractor for the Bakersfield Recharge Study,
On May 15, 1981 S.W.R.C.B. Contract 0-142-158-0 was officially
recognized and the work plan was initiated by City of Bakersfield
personnel.
-
;J , ~
. ., .
i
.
SCOPE OF ACTIVITIES
The objective of this contract is to improve local groundwater
quality by investigating the feasibility of recharging low
salinity surface water into the aquifer which will provide
Bakersfield with an underground reservoir of good quality water
for domestic use. The 2800 acre recharge site is currently located
within a highly developed agricultural area which contributes
significantly to groundwater degradation due to the deep per-
colation of applied irrigation water. Continued and optimized
artificial recharge of low salinity surface water from the
site, located adjacent to the Kern River channel, will tend
to improve the quality of deep percolating waters in this area
thereby reducing the rate of degradation normally associated with
farming,
WORK TO BE PERFORMED
1. Define surface and subsurface conditions which influence
the flow of recharge water at this time, establish a
plan for monitoring future flows of groundwater and a
basis for planning structures to manage surface water
flows more efficiently.
2. Plan for a most efficient use of recharge property under
various stages of water availability and various manage-
ment options.
-2-
) ~ }
. . .
i'
3. Identify management options available to the City of
Bakersfield in acquiring, storing and extracting water;
determine the institutional and legal arrangements that
might have an effect on how recharge can be used to
develop the conjunctive use of the site by others.
-3-
'" -1 ~~
"
'" '-~. --..1 ...J. "--'U...}
I (
.,' .
,
SEVENTH QUARTER
PROGRESS REPORT
"CITY OF B~~ERSFIELD GROUNDWATER
QUALITY e'"!PROVE~ENT PROJECT"
Continual monitoring of the seven observation wells at
the project site has been ongoing. Recent groundwater level
measurements have shown increases in water levels in the last
two months. The influence of Kern River water and Friant-Kern
Canal supplies has been dr~~atic to the groundwater conditions
at the project site. The increases in groundwater levels were
expected at the project site, and efforts to capture and use
for recharge, the good quality waters should show decreased
salt concentration in the areas groundwater.
Monitoring of the water quality of the recharge waters to
t;¡e ?roject site was also .:o~tinued. At this ~ricing a mixture
of Kern River and waters 0: the Tule River and Kaweah River are
being used for percolation at the project site,
The draft report on the project was started during the
seventh quarter and a review draft should be available during the
eighth quarter of the project.
Quarterly reports on :he progress of the project have been
brought before the public ~eetings of the City or Bakersfield
~~ater Board. Questions or comments are aired before the public
at this time.
------- _u .-
..- - .....
( /
" " .
EIGHTH QUARTER
PROGRESS REPORT
City of Bakersfield-
Cal~£ornia Regional Water Quality-Co~tro1 Board
Groundwater Quality Improvement Project
Standard Agreement No. 0-142-158-0
May 16, 1983
I
I
" . - ..
( f '
. ,¡ .
I
I
2800 ACRE RECHARGE FACILITY
CITY OF BAKERSFIELD, CALIFORNIA
Standard Agreement No: 0-142-158-0
Groundwater is the primary source of water supply for all users
in the Bakersfield area of Kern County. The aquifers have been
subjected to intensive use over the past one hundred years and
as a result, areas of bad water quality have developed. The
~ over-all basin supply has also shown signs of quality degrada-
tion during this time period. Since nearly all water entering
the groundwater basin area stays there until it is used consump-
tively, the original salt load becomes concentrated as the total
water volume is reduced. Natural soil salts are also leached,
from the soil into the groundwater supply as a result of irri-
gated agriculture, recharge operations and point source disposal
activities. Additional basin-wide salt concentration results
from the continued over-draft of the basin supply.
E.P..A. has approved the Regional Board's Phase IV workplan for
Water Quality Management Planning for the Central Valley Region,
pursuant to Section 208 of Public Law 92-500 ~The Clean Water
Act). The Phase IV workplan contains the Tulare Basin Ground-
water Quality Improvement element which names the City of Bakers-
field as Contractor for the Bakersfield Recharge Study.
On May 15, 1981 S.W.R.C.B. Contract 0-142-158-0 was officially
recognized and the work plan was initiated by City of Bakersfield
personnel.
:.
í f
, ò'.
SCOPE OF ACTIVITIES
The objective of this contract is to improve local groundwater
quality by investigating the feasibility of recharging low
salinity surface water into the aquifer which will provide
Bakersfield with an underground reservoir of good quality water
for domestic use. The 2800 acre recharge site is currently
located within a highly developed agricultural area which
contributes significantly to groundwater degradation due to
the deep percolation of applied irrigation water. Continued
and optimized artificial recharge of low salinity surface water
from the site, located adjacent to the Kern River channel, will
tend to improve the quality of deep percolating waters in this
area thereby reducing the rate of degradation normally associated
with farming.
WORK TO BE PERFORMED
1. Define surface and subsurface conditions which influence
the flow of recharge water at this time, establish a
plan for monitoring future flows of groundwater and a
basis for planning structures to manage surface water
flows more efficiently.
2. Plan for a most efficient use of recharge property under
various stages of water availability and various manage-
ment options.
-2-
,,~ ..
II (
, 'i,
3. Identify management options available to the City of
Bakersfield in acquiring, storing and extracting water;
determine the institutional and legal arrangements that
might have an effect on how recharge can be used to
develop the conjunctive use of the site by others.
-3-
¡; i\ .
"
I /'
" >' .
EIGHTH QUARTER
PROGRESS REPORT
"CITY OF BAKERSFIELD GROUNDWATER
QUALTIY IMPROVEMENT PROJECT"
The emphasis of the project during this quarter has been
focused on preparation of the data for the Draft Final
Report on the project. All mapping and technical data re-
quired of the contract has been drafted in final form and the
various discussions on management options has been prepared.
The Draft Final Report should be ready for Regional Board
Staff review by July 15, 1983.
Groundwater data is still being collected, reviewed and
filed by City staff on the groundwater monitoring wells at
the project site. The groundwater levels are still rising,
although not as dramatically as in the past, at the project
site. City personnel are scheduled to test pump and obtain
water quality samples in the near future of the monitoring
wells. This work will be outside of the contract, but the data
will be available for others to use.
The groundwater quality map, that will be included in Final
Draft Report, shows the groundwater in the area is already
of slightly better quality than the area that surrounds it.
Calculations of water quality improve~ents show that through
use of increased spreading areas that can be developed at the
project site, groundwater quality can be improved in the
vicinity.
I
;;. .' - .
(
,. ".
Water quality samples of the various surface water flowing
into the porject site have been and are being taken. The
inflow of Tule, Kaweah and San Joaquin River waters has
ceased and the only water source involved at this time is
the Kern River.
Quarterly reports on the progress of the project have been
brought before the public meetings of the City of Bakersfield
Water Board. Questions of comments are aired before the public
at this time.
-2-
-
.. 4--
.
-
I i '.'.
WATER SUPPLY AGREEMENT
THIS AGREEMENT is made, entered into and executed
in duplicate, either copy of which may be considered and
used as the original hereof for all purposes, as of the
day of 1983 in the City of Bakersfield, -
,
California by and between THE CITY OF BAKERSFIELD, a
California Municipal Corporation, (hereinafter referred to
as "CITY"), and CALIFORNIA LIVING MUSEUM, a California
non-profit corporation, (hereinafter referred to as "CALM").
FACTUAL BASIS
This Agreement is based on the following facts:
A. CITY is a chartered City organized and
existing under and by virtue of the Constitution and laws of
the State of California and is situated in the County of
Kern.
B. CALM is a non-profit corporation organized
and existing under and by virtue of the Constitution and
laws of the State of California an¿ is situated entirely
within the County of Kern.
C. CALM is presently leasing land from the
County of Kern, a political subdivision of the State of
California, at Kern River Park which leased land is
described in Exhibit "A", attached hereto, to construct,
maintain and operate a facility which would include animal
exhibits, nature trails, botanical gardens, zoo, museum,
ponds, refreshment areas, etc., (hereinafter referred to
"the premises"), all on a non-profit basis.
D. CALM desires to obtain water from the Kern
River for use at the premises, described above.
E. CITY has certain rights to the waters of the
Kern River, and CITY has determined that under existing
conditions and for an interim period of time certain of said
waters and water rights may be available for CAIkl's use.
AGREEMENT
In consideration of the statements, promises, and
covenants herein contained CITY and CALM hereby agree as
follows:
-1-
. .
I ' c.. I
1. Term of Agreement
The basic term of this Agreement shall
commence on the first day of January 1983 and shall continue
for a period of twenty-nine (2 9) successive years the 31st
day of December 2012, unless previously terminated by mutual
agreement or as otherwise provided in this Agreement.
2. Prior Rights and Obligations
The rights of CITY in and to the water of the
Kern River and the obligations agreed to herein. are subject
to the existing rights and obligations flowing from all
prior executed agreements and documents relating to such
rights including but not limited to the following:
a. Miller-Haggin Agreement, dated 1888;
b. D. Farmers Canal Co., et al., v. J.R.
Simmons, et al., (Findings and Decree, Judge Lucien Shaw),
dated 1900;
c. Agreement to supply water to Hart Park,
dated 1934;
d. Agreement for Use of Water Rights, date¿
January 1, 1952;
e. Agreement of Sale of Canals and Other
Assets for Transportation of Water, dated January 1, 1952;
f. Agreement Amending Miller-Haggin
Agreement, dated DeceIT~er 14, 1955;
g. Agreement to Transport Rosedale-Rio
Bravo Water, dated 1960;
h. Kern River Water Service Agreement,
dated August 31, 1961;
i. Kern River Water Rights and Storage
Agreement by and among Buena Vista Water Storage District,
North Kern Water Storage District, Tulare Lake Basin Water
Storage District, and Hacienda Water Storage District, dated
December 31, 1962;
J. Agreement for Establishment and
Maintenance of Minimum Recreation Pool of 30,000 Acre Feet
in Isabella Reservoir, dated 1963;
k. 1964 Amendment to the Miller-Haggin
Agreement, dated January 1, 1964;
I
-2-
. .
¡ Co.
1. Storage Agreement among First Points
Entities, dated March 3, 1964;
m. Ming Lake Temporary Service Agreement,
dated 1964;
n. Contract Among the United States of
America and North Kern Water Storage District, Buena Vista
Water Storage District, Tulare Lake Basin Water Storage
District, and Hacienda Water District, dated 1964;
o. Contract among Cawelo Water District,
Kern River Canal & Irrigating Co. and North Kern Water
Storage District, dated December 21, 1972;
p. Agreement among the State of California,
Kern County Water Agency, and the Kern River Interest for
Diversion of Flood Waters through the Kern River-California,
Aqueduct Intertie, dated October 16, 1975;
q. Agreement by and between City of Bakers-
field, City of Bakersfield Water Facilities Corporation,
Tenneco West, Inc., Kern Island Water Company, and Kern
River Canal and Irrigating Company, dated April 1976;
r. Agreement for the Sale of Kern River
Water and Canals by and between City of Bakersfield and
North Kern Water Storage District, dated Hay 2i, 1976;
s. Agreement for the sale of Kern River
Water by and between City of Bakersfield anà Cawelo Water
District, dated May 28, 1976;
t. Agreement for the Sale of Kern River
Water by and between City of Bakersfield and Kern-Tulare
Water District, dated May 28, 1976; .
u. Agreement for the Sale of Kern River
Water by and between City of Bakersfielà and Rag Gulch Water
District, dated May 28, 1976;
v. Agreement Amending the Kern River ~ater
Service Agreement, dated August 31, 1961 To Provide for the
Long-Term Sale and Delivery of Kern River Water by and
between City of Bakersfield and Roseda1e-Rio Bravo Water
Storage district, dated June 6, 1976:
w. Agreement for the sale of Kern River
Water Rights and Canals by and between City of Bakersfield
and Kern Delta Water District, dated June 15, 1976.
I
-3-
- .
i '.
x. Agreement by and between City of
Bakersfield and Tenneco West, Inc. and Tenneco Realty
Development Corporation, dateà May 2, 1977.
y. Future sales, transfers or assignments
of any part or all of the rights referred to in any of the
agreements and documents .identified in this Paragraph 2.
3. Quantity
CITY agrees to sell to CALM an amount, not to
exceed twenty (20) acre feet per year, of CITY's non-utility
Kern River water àuring the term of this Agreement for
irrigation purposes on the premises described in Exhibit "An
attached hereto, subject to the terms of this Agreement;
provided, however, CITY does not represent or guarantee that
the quantity above-stated will be available each and every
year of this Agreement or in any year.
4. Quality
CITY does not represent or guarantee the
quality of the water which is the subject of this Agreement.
5. Payment of Administrative Cost
As consideration for tte sale of any water
delivered and for administrative cost and record keeping
expenses incurred in furnishing water pursuant to this
Agreement, CA~l shall pay to CITY at the beginning of each
calendar year, commencing January 1, 1983, the annual sum of
ONE THOUSAND AND TWO HUNDRED DOLLARS ($1,200.00) for a
period of five (5) consecutive years. Commencing January 1,
1988 the annual charge shall be escalated based on changes
from the July 1, 1983 price under the "all commodities"
classification of the "wholesale price indices" for major
commodities groups published by the u.s. Bureau of Labor
Statistics. Adjustments shall be made in January of each
year. If the referenced index is discontinued, the CITY will
designate an appropriate substitute basis to reflect the
effects of inflation.
6. Delivery of Water
The place of delivery of the water shall be
at the Kern River. CALM may construct a pipeline from the
Kern River to CALM's property as needed for the purpose of
water delivery. Such pipeline construction shall be done to
the satisfaction of the City of Bakersfield, Director of
-4-
;
:> >.
'.
Water Resources, with all construction to be approved by the
Director of Water Resources. That portion of the pipeline
between the river and the meter, including the meter, shall
become and remain the property of CITY. CALM shall bear all
costs and expenses of all pipeline construction and all
costs and expenses related to the maintenance and upkeep of
all the pipeline during the term of this Agreement. Upon
termination of this Agreement, the pipeline shall be removed
upon request by the CITY, and all costs and expenses of
removing the pipeline shall be borne by CALM.
7. Suspension of Deliveries
Whenever maintenance of CITY's system, in the
opinion of the Director of Water Resources of CITY, shall
require suspension of delivery of water at any point or
points, such delivery shall be suspended without liability
on the part of CITY; provided that, except in cases of
emergency as determined by the Director of Water Resources,
reasonable notice of such suspension of service shall be
given in advance of such suspension. Further, suspension of
delivery may occur without notice and without liability to
the CITY whenever CITY is unable to obtain sufficient
amounts of water to supply previously existing contract
demands.
8. Use of Water
CALM shall utilize the water received under
this Agreement subject to the following conditions:
a. The water shall be used only for
irrigation, spreading, stock water and incidental agricul-
tural purposes within the boundaries of CALM.
b. CALM shall not sell, transfer, or
exchange any water received under this Agreement unless it
has given prior written notice to and received the prior
written consent of CITY, to any such proposed transfer, sale
or exchange.
9. Water Meters
It shall be the obligation of CALM to provide,
maintain and pay for any water meter or meters necessary to
measure the quantities of water received by CALM from CITY
under the terms of this Agreement. CITY is not required
during the term of this Agreement to bear the cost of any
construction or maintenance of measuring facilities.
CALM shall semi-annually provide to CITY reports
detailing the amount of water used by CALM at its premises.
-5-
, ..
Such reports shall be in a format as determined and approved
by the City of Bakersfield's Director of Water Resources
from time to time.
10. Default
In the event of any default by CALM in the payment
of any money required to be paid by CALM to CITY, as stated
herein, or the failure to comply with any term or condition
of this Agreement, CITY shall, after thirty (30) days
written notice to cure the specified default, have the right
to suspend deliveries of water under the terms of this
Agreement until such default is cured including closure of
the pipeline. Action taken pursuant to this paragraph shall
not deprive or limit CITY of any remedy provided by this
Agreement or by law for the recovery of money due or which
may become due hereunder.
11. Assignments
Neither this Agreement nor any part hereof shall
be assigned by CA~1 without prior notice to and written
consent of CITY.
12. Right of Entry
CALM agrees to allow CITY to enter CLAM's premises
during businees hours for the purpose of inspecting CA~1's
facilities, monitoring water meters, or taking any required
action pursuant to Paragraph 7 regarding suspension of
deliveries.
13. Water Rights
CALM agrees that nothing contained in this
Agreement shall affect or change the existing Kern River
rights or Lake Isabella storage rights of CITY; and CALM
explicitly agrees that its receipt of water is subject to
all existing contracts and documents as set forth in Section
2 of this Agreement.
CALM further agrees that it will never claim any
right against CITY to the use of Kern River Water, superior
to the rights of CITY.
Without limiting the foregoing, CALM, and for its
successors and assigns, agrees never to assert or claim that
its receipt or use of waters of the Kern River pursuant to
this Agreement shall create, constitute or establish a right
to the use of such water as against CITY at any time or in
any manner or for any purpose except pursuant to and in
accordance with this Agreement. If any such claim be made,
I
-6-
. .
. ..
it shall be void ab initio. If at any time during the term
of this Agreement, CALM should endeavor to establish or
claim to established any right to any such water as against
CITY, then CITY may terminate the supply of water to CALM
hereunder by written notic~ to CALM.
CALM and CITY hereby agree during the time this
Agreement is in effect that all rights or claims of rights
in and to the use of Kern River water CITY may now have or
which it may hereafter acquire are subject to all those
agreements, documents, and decrees to which its predecessors
in interest were parties, the same as if the CITY itself had
executed such agreements or documents or it had been a party
bound by said decree and to the same extent as if the CITY
had itself administered or otherwise interpreted such
matters; to the so-called Shaw Decree to the same extent as
if it had been a party defendant in said litigation; and to
all agreements executed by North Kern acting for itself and
for other First Point interests the same as if the CITY had
expressly requested North Kern to so act for the benefit of
its predecessors and to the same extent as if the CITY
itself had administered and interpreted said matters in the
place and stead of its predecessors-in-interest.
14. Liability and Indemnification
Neither the CITY nor any of its officers, agents,
or employees shall be liable for the control, carriage,
handling, use, disposal, or distribution of water received
by CAU~ under this Agreement after such water has been
received by CALM; CITY shall not be liable for any claim of
damage of any nature whatsoever, including, but not limited
to, property damage, personal injury, or death, arising out
of or connected with the control, carriage, handling, use,
disposal, or distribution of such water beyond the point of
receipt by CALM; and CALM shall indemnify and hold harmless
the CITY and its officers, agents, and employees from any
such damage or claims of damages by CALM, its officers,
agent, and employees or by any third party.
15. Insurance
CALM will obtain sufficient insurance to protect
its interest in the use and transportation of the subject
water herein and will name the CITY and its officers,
agents, and employees as additional insureds.
16. Notices
Notices required to be given in writing under this
Agreement shall be sent as follows:
-7-
.,--- ¡
, ..
TO CITY:
City of Bakersfield
Department of Water Resources
4101 Truxtun Avenue
Bakersfield, CA 93301
TO CALM:
California Living Museum
P.O. Box 6613
Bakersfield, CA 93306
A change of address may be made by either party by
written notice thereof to the other.
17. Interpretation
a. Numbers and paragraph headings used
herein are for the convenience of the parties only and have
no other meaning, force, or effect.
b. This Agreement is entered into,
executed, and to be performed within the County of Kern,
California, and shall be so interpreted.
18. Litigation
In the event of any litigation among the parties
hereto in connection with interpretation, performance, or
enforcement of this Agreement, the prevailing party or
parties in such litigation shall be entitled to be
reimbursed by the other party thereto for all costs of the
litigation including but not limited to court costs, time
and expenses of personnel, attorneys' fees, and the like,
provided, however, that the attorneys' fees to be reimbursed
shall not exceed such amount as the court in which the
litigation occurs shall determine to be reasonable.
19. Description of Premises
A description of the premises of CALM is attached
hereto as Exhibit "A".
20. Administrative Agent
During the term of this Agreement each party shall
at all times have appointed a sole and exclusive agent with
full authority to act on behalf of and to bind said appoint-
ing bodies in all matters regarding the administration of
this Agreement, excepting only execution of an assignment or
-8-
-- .
"' ..
amendment or any other matter not legally capable of being
delegated. The foregoing authority includes the authority
for appointment of such subagents as the agent deems neces-
sary. The appointment may be revoked by the appointing
authority. CALM hereby appoints as
its said agent; CITY hereby appoints the Director, of Water
Resources as its agent.
IN WITNESS WHEREOF, the parties have executed this
Agreement as of the day and year first above written by
their respective duly authorized officers.
CITY OF BAKERSFIELD
By
Mayor
Þ.TTEST:
By
City Clerk
SEAL
Approved as to form and execution this - day of
, 1983.
City Attorney
Finance Director
-9-
~
¡ ..
CALIFORNIA LIVING MUSEUM
By
President
ATTEST:
By
Secretary
SEAL
Approved as to form and execution this ---- day of
, 1983.
Attorney for CALM
-10-
- :F . . - - ""
/.: ..~
.'
,,' , .
r<I.V1SLIJ
'n- -- - -- .- .- ---
D£SCRIPT1O¡¡
- - - - -- -'- - -. - -- --
KERli RIVER PARK
Nature Museum Site Lease
All that portion of Section 5, 1ownship 29 South, Range 29 Eðst, MOM,
County of Kern, Stdte of California, being a parcel of lanrl descrihed as:
Commencing at. the ~lorUll-iest corner' of the SouUi\':cst qUi.Ht(~r of said Section;
TIIUlC£ (1) South 0<> 39' 47" Cast. along the ~:I'.st line of said South~lest qud!'ter,
a dist.,ncc of ,;3"3.02 feet to the C(~nt('r1ine of County Po,HI :10. 2239,
THUKt: (2) South (j)v 07' 49" LIst, {\101\9 s<1id Cl:llterline, .1 distancr. of
414.81 feet, to the centerline of the future extension of r-\orni09 Orive~
TIf[l CE (3) North 4:::0 19' ~4" East, alonr] said e;o:tpnsion, a dist,.lnce of ßr')f] feet;
TItUlC[ (4) South ~7° !¡()' l()" East, a distil nee of 5!.i feet to the true point of
beginning;
THENCE (5) florth 420 19' 44" East, ð distance of 886.31 feet, to Lease Corner rio, 7;
THENC[ (6) So~th /0° 231 33" East. a distance of 1303 .O57,feet. to lease Corner
No.6;
"TIIEflCE (7) From a t':ltl\)ent which bears north 33" 02' 16" Cast, Easterly d1ong a
curve, concave Southerly, having ð radius of 1300 feet. through a centrJ1
,
angle of 31° o~' 28", an arc lenqth of 97G.23 feet;
THENCE (8) South 20 09' 50" East, ð distance of 113.4Q8 feet to Lease Corner liD. 1;'
THEflCE (9) South 27° ']5' 59" East, a distance of 1(jO.474 feet to Lease COI"raCI'
flo. 2. being the North end of an existing barbed wire fence;
TIIENCE (10) South 21° 491 26" East, a distance of 297.11 feet to Lease Corner rto. 3;
TI1EtICE (11) South ]!.o 49' 00" L1st, a distanc? of 207.405 feet to lease Corner no, 4;
. TIlEnCE (12) South 7° 13' 28" West, il distJnce of 107.389 feet to Lease Cor'n~~" ~10, ~;
THU,ICE (13) Continuing South 7° 13' 28" ¡'Icst, ð distance of 13.90 fret to tht:
Northerly ri':Jht-of--\"lay line of ColJntj Hoad ;:0. 711 ð~ per D(~cd rccordceJ
January 30, 19~~9, in Book ?87, rò~JI'. 206, Officidl Records of Kern Cmmty;
Typrd 9-l)-Rn/rw
EXHIBIT (II An
--.".,. .-." -----,"" _"""_'-_'_-~'--_"'-"'_----_'_'-'_-"....,._,..'.--.-..---.-,..- "-",,,_,--'-'-.
. "'---------" '--"--'--"-'-----'" -_---_.._n_._'_" - "----- ...---..-..---.-..-.--...-.,... -.- ,. . --...-"-
- ; -:1': ,0 (~..-~: "Ìf4'
"
"
,,' - - - -
'\ :,.
1l1cnce ;}ìolJ~j '¡:1id no¡-u,(~()'y ritJ'1t-C:-",~y ì in'.: tliC fo! 100,,'u.!J UJ) COI.J(~f;S:
11i[ljC[ (H) From .1 t;lngent \'¡hicì, br"rs !iorUI f';¡0 ~,1' 04" West, \';ester1y :: lon9
it circular Cur'VI', conCl\VP to thr! :;ou;:h, ~,êlvin1 .l raJiu~ r)f 130 fer:t,
through <1 centrJl ;lIlqle of l~n ~ì' Jr". cH1,WC length of <¡l.'n feet;
TtIErICL (15) ~)()lJth :\.')0 11' ?O" \'J(~t. J di<;t.,\n(f' of lljOl,:m f,...>~,
TI![nCE (If)) lJeSLt:r)y ,ilOI1~ d t;II1.¡!'nt cir,:vL1r' Cllr',,(~. c.OII(ÚVt:' ìil);'Lherly, h.lvínu
a rðJ;U:; of 11l0 feet, thrQu~jh ;, Ct'lItr;¡] t1fì.:¡ìe of I:;" 1\1' 00", dr, UC
length of 153,?G feet;
IHLI!c[ (In j o1't.h 1\1" {ìi' 4()" \'Ii::,f., i1 c1i,',tI1I1Cf' IIf '/74.dJ feet;
THŒCE (13) !1ort!I'..'c~lel'ly illollCj ¡} til"gent: Ctit'""" concave ::orthr:~a<,t~I'ly, h,ì'iin<:;
J radius of 37(1 feet, tlll'OW.:li 11 u"ltr,d ~lnrì1e of 11° lC' fJn". an .we 1enrJth
of 13/ .33 ft:ct,
T ¡[¡¡Cl (19) North ~,",C r.il' ¡fr)" \':,.~st) ð dlstclnu' cd 398.?() fr.r:t,;
Tli[UC[ (20) I!lw¡',!I'.'I.::sti~rl'y aìOfHj ':1 LlI¡c;,:;)t r:irCLJliJr curiC, r:(":;:~V(' ~;Ollth;i(";ter'ly,
hil'l;n~1 .1 r,ìt;iu;, of 4:\i"J Î(~et, c\¡rolJflìl d LPn:r"l df1lile nf II" 01' i' f)", ,In
¡)I'C l('n~jth cr In.~ß fpet;
ì:¡UJC[ (;:1) r¡í¡rth 7(¡'J t)l' 40' I-Jest", di:.~'lri(\ ,;f r¡j,O"¡' fN~t, to a rCiint in tile
ex lorioI' bOUIHI{\ ry of Colin ty í-~oad 110. (?:;,-,;
Thence aloJìí} :;,lirJ t~xtcrior bnllndary, the Îollowinr! (If) C(Jurs('~:
THEIICE (22) Nurt.:1 4Jo 39' ?G" \1i~st. a d1st<lncr. of 399.48 feet,
TIIEtKE (23) North '12° 191 44" [,Jst, a disf.;lnce of 290 feeL
TII£r¡CE (24) Horth 47") 40' 16" ¡.test, a distance of 25 feet;
TIIU¡CE (25) Horth 42° 19' t¡4" East, a distance of 200 feet to the true point of
beginnin9.
Containing 87.3 ^cres., more or le:;s.
,
.::-i-!(';-~ (;F ,>'~,i¡:~'.. :¡'_::::(¿'(O;(
. Typed 9-12-AO/rw
/"~;:~(~J h>{~_,_~.-:~'" . 'i'I--
, . .-------...-..--...-----------_u_.,.
r-Jmr:,' r~j ~y - -- - ':-::(-', .. . -, . - - - ~"-.:. -- -- -. -- ~-- ~ ~..:-- -. 1 ~ -. .
~:,'j',ti.:~c'J t;\, ""."'- .., - .. --. - -"" .-.._-----,---.._--~ ¡~---
EXHIBIT "A"
.. .. -- _u "" .. -""" - -"""---'-""--'-'----'-------"-,-~,- "."-------,
,.. -- ,--- ---,-----..- - --_u _u_,-.---.--.. --- _u_-u I
. I
~ ~
¡ '.
LAW OFFICES
HATCH AND PARENT
STANLEY C. HATCH A PROFESSIONAL CORPORATION TELEPHONE
GERALD 6. PARENT 21 EAST CARRILLO STREET (605) 963' 1971
S. TIMOTHY BUYNAK, .JR. SANTA BARBARA. CALIFORNIA 93101 MAILING ADDRESS
SUSAN F. PETROVICH POST OFFICE DRAWER 720
PETER N. BROWN SANTA BARBARA, CALIFORNIA 93102
STANLEY M. RODEN
MARK A. LESTER
THOMAS D. WISE
.JERRY L. DELAUGHTER
27 l-iay 1983
~ f C IE " \v ~ ,t
JUN 0 11983
.,¡\, Ut Dl'lN:ØIt:~
Mr. Paul N. Dow .~ rv: WA'D
Director of Water Resources
City of Bakersfield
4l0l.Truxtun Avenue
Bakersfield, CA 93301
Dear Paul:
Enclosed find a proposed Modification of Agreement dealing with
the hourly billing rate applicable to governmental agencies
represented by our firm. Effective July 1,. 1983, senior at-
torneys will be billed at the rate of $120.00 per hour, member
attorneys will be billed at the rate of $110.00 per hour, asso-
ciate attorneys will continue to be billed at the rate of $95.00
per hour. This modification is an attempt to keep all govern-
mental billings at approximately the same rate which our firm
established in 1965 for governmental agencies, corrected pri-
marilyover the years for the effects of inflation.
We would appreciate your having the Water Board consider and
execute this modification prior to July 1, 1983.
STANLEY C. HATCH
For HATCH AND PARENT
SCH:sb
Enclosure
-.-.-.-.- ----.-..------
..... ~ ~
.. (~
#83- W.B.
-
MODIFICATION OF AGREEMENT
THIS AGREEMENT, made this 1st day of July, 1983, is
by and between the CITY OF BAKERSFIELD, a political subdivi-
sion of the State of California, hereinafter referred to as
"Bakersfield", and HATCH AND PARENT, a Professional Corpora-
tion of the State of California, whose professional employees
are duly qualified and licensed to practice law in the State
of California, hereinafter referred to as "Attorney".
On October 5, 1978, Bakersfield and Attorney entered
into an agreement, #78-14 W.B., for Attorney's services which
was amended by Agreements #80-02 W.B. dated June 25, 1980,
#81-14 W.B. dated July 22, 1981, and #82-12 W.B. dated June 30,
1982. The parties now wish to amend that Agreement to read:
1. The Fourth Paragraph on the first page of Agree-
ment #78-14 W.B. is amended to read:
"Attorney time shall be billed by Attorney and
paid by Bakersfield at the rate of One Hundred Twenty
Dollars ($120.00) per hour for senior attorneys, One
Hundred Ten Dollars ($110.00) per hour for other mem-
ber attorneys, and Ninety-Five Dollars ($95.00) per
hour for associate attorneys of the firm."
All other terms, conditions and provisions of #78-14 W.B.
as amended by #80-02 W.B., #81-14 W.B. and #82-12 W.B. shall re-
main unchanged.
I ~... -. ,
.> ~ ...
I
I 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
By ~
Stanley C. Hatch,~resident
CITY OF BAKERSFIELD WATER BOARD
By
James J. Barton, Chairman
-2-
1- v:¡ . - ---- -______n_-- --------w
~; -" f-;
FOR !NFOR~/'L'\ TtO~' O~;~L Y
H.,-)!) W.R.
WATER USER hGREEMENT
---.---
THIS AGREEMENT dated , 19---_, is by and
between HUFFCO CALIFORNIA, INC., dba INDEPENDENT VALLEY ENERGY
COMPANY, "User", and the CITY OF BAKERSFIELD, "City."
WHEREAS, User owns that certain property described in
Exhibit "An, attached hereto, hereinafter referred to as "the
property," and wishes to have water service to said propertYf and
WHEREAS, City owns and operates a domestic ~ater system
which can provi~c w~ter to User's property.
NOW, THEREFORE, for and in consideration of the mutual
covenants, aqr~cmcntR, tcrmø and provisionø herein contained, it
is agreed as follows, to wit:
1. User. The names, addresses and description of the
person or persons herein collectively referred to as "User" arc
as follows:
~ Address Description
HUFFCa CALIFORNIA, INC., dba 3663 Gibson Street, Corporation
INDEPENDENT VALLEY ENERGY P. O. Box 386
COMPANY Bakersfield, CA 93302
2. Upon and subject to the terms and conditions
hereinafter set forth, and e~ch and every ordinance, rule and
regulation of the City relevant thereto, City agrees to include
User within the service area of the Fairhaven Division of the
City Municipal Water System and to provide domestic water and
water for fire protection service under the prevailing water
rates which may be changed from time to time as the City sees
fit.
3. The User herein agrees to pay the City an availability
fee of TWO THOUSAND DOLLARS ($2,000.00) per acre, which amounts
.
--------- - -----
.
~ ,"' '~
;;- -" ...
:,
to THIRTY-EIGHT THOUSAND FIVE HUNDRED FORTY DOLLARS ($38,540.00),
for the User's property, which contains 'nineteen and twenty-seven
hundrodths,(19.27) ~cros, more or loss. Said payment will be
m~dc within ninety (90) days of this ^(Jroeml'nt.
4. 'l'h<.' UHl'l" here in ..Up"C'l'n to pity thL' City thu prev411lnq
availability fee for each acre that was exempted from the above
paragraph 3 at the time that each acre of exempted land receives
benefit from delivered water for either domestic or fire protection
purposes. This exempted acreage contains three and thirty-five
hundredths (3.35) acres, more or less, and represents the area
within the Calloway Canal easement.
5. Nothin~ contained in this Agreement shall be construed
as a severance of User's water rights as an overlaying land-
owner. User retains the non-exclusive right, to the extent it
otherwise exists, to extract groundwater for use on the property,
provided, however, ~ny other provision of this Agreement notwithetandiny
that User may excrc i BU said r i'Jht only as speclf led below:
(I) UHcr may extract groundwater [or well-tcstiny
and well-maintenance purposes, such water not being otherwise
utilized, and
i
I (2) To the extent and for such time as City is
unable to meet User's water needs, User may install a well on the
I refinery property and extract the groundwater necessary for
I User's refinery operations. Once the City has re-established its
ability to meet User's water needs, User may continue to extract
groundwater by means of such well for such time, in any event not
to exceed five (5) years, as it takes User to recover, by amortization
or depreciation, the cost of such well. During such period, User
shall, as a condition and covenant relating to such extraction,
take and/or pay City, at the then applicable rate, for not less
than sixty-six and two-third percent of the total annual water
deliveries User took the twelve (12) months preceding the date
upon which City became unable to meet User's water needs.
-- --
.-.
£',~-'.. .,,"
- I
~ .0" ~
;¡ " I
6. In the event User violates the above provisions by
utilizing water from private sources on the property, except as
expressly permitted hereinabove, User agrees to pay to City that
amount of money User would have paid to City had such water been
purchased from City and delivered through City's distribution
system. User agrees to report to City any utilization of a
private well or water therefrom on the property.
IN WITNESS WHEREOF, the parties hereto have caused this
Agreement to be executed the day and year first-above written.
CITY OF BAKERSFIELD MUNICIPAL
W^TER ENTERPRISE
By
Director of Water Resources
APPROVED AS TO FORM:
City 'Attorney
COUNTERSIGNED:
Assistant City Manager-Finance
HUFFCO CALIFORNIA, INC., dba
INDEPENDENT VALLEY ENERGY COMPANY
"User"
AJS:mro - 9/8/82
9/11)/82
II 6/20/83
7/01./83