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Home My WebLink About12/22/03-City of Bakersfield Water Board Meeting ~f December 22~ 2003 Water Resources File Pack¢~ C I T Y 0 F WATER BOA Mark C. Salvaggio, Chair David Couch, Vice Chair Harold Hanson NOTICE OF SPECIAL MEETING ..... CITY OF BAKERSFIELD WATER BOARD - SPECIAL MEETING Monday, December 22, 2003 - 12:00 p.m. - Noon Water Resources Building Conference Room 1000 Buena Vista Road, Bakersfield, CA 93311 AGENDA 1. CALL MEETING TO ORDER 2. ROLL CALL 3. TOUR A. Tour of Kern River Bike Path Re-Construction - 1 Hour (Reconvene at Water Resources Conference Room -Approximately 1:00 p.m.) 4. MINUTES A. Minutes of the September 17, 2003 Regular Meeting for approval - For Board Review and Action 5. PUBLIC STATEMENTS 6. KERN RIVER LEVEE DISTRICT A. Operations and Maintenance Plan for Kern River Levee Improvements from South Allen Road 1.1 Miles West- For Board Approval and Recommendation to City Council 7. REPORTS A. Kern River Operations Report B. "The Kern River Purchase"- For Board Review 8. OLD BUSINESS - None 1000 BUENA VISTA ROAD · BAKERSFIELD, CALIFORNIA 93311 · (661) 326-3715 WATER BOARD AGENDA PAGE 2 DECEMBER 22, 2003 9. NEW BUSINESS A. Participation in Weather Modification Program with Kern River Interests and Atmospherics Inc. - For Board Approval 10. MISCELLANEOUS A. 2004 Water Board Meeting Schedule - For Board Review and Approval. 11. WATER BOARD STATEMENTS 12. ADJOURNMENT ~j~ ~?~ Gwea~rlR°egs~ortu ri e s Manager POSTED: December 181 2003 S:\WB MINUTES 2003\WBAGENDADEC2203.doc Water Board December 22, 2003 3. TOUR A. Tour of Kern River Bike Path Re-Construction - 1 Hour (Reconvene at Water Resources Conference Room -Approximately 1:00 p.m.) Water Board December 22, 2003 · 4. MINUTES A. Minutes of the September 17, 2003 Regular Meeting for approval - For Board Review and Action MINUTES OF THE REGULAR MEETING OF THE WATER BOARD - CITY OF BAKERSFIELD WEDNESDAY, SEPTEMBER 17, 2003 - 4:30 p.m. Water Resources Building Conference Room 1000 Buena Vista Road, Bakersfield, CA 93311 1. CALL MEETING TO ORDER The meeting was called to order by Chairman Salvaggio at 4:30 p.m. 2. ROLL CALL Present: Chairman Salvaggio, Members Couch, Hanson Absent: None 3. TOUR A. Tour of Rio Vista Creek. Chairperson Salvaggio recessed the regular meeting at 4:37p. m. to tour the Rio Vista Creek and reconvene the meeting at 5:03 p.m. 4. MINUTES A. Minutes of the July 14, 2003 Special Meeting for approval Motion by Hanson to approve the minutes. APPROVED. 5. PUBLIC STATEMENTS None. 6. KERN RIVER LEVEE DISTRICT A. No Report 7. REPORTS A. Kern River Operations Report Steve Lafond, Hydrographic Supervisor gave a brief update and distributed the 2002 Kern River Hydrographic Annual Report. 8. OLD BUSINESS · A. Update on request to Kern County Water Agency for treated water to serve Northwest Bakersfield. Florn Core, Water Resources Director, gave a brief update and stated the plans for the pipeline have been completed and the right-of-way easement procurement for the easement is 50 percent complete. Bakersfield, California, September 17, 2003 - Page 2 8. OLD BUSINESS B. Kern River Parkway Signage. Gene Bogart, Water Resources Manager, stated the sign has been approved, 30 signs have been ordered. The signs will be installed on concrete pedestals at bike path entry points, parking lots, and along the bike path. No action taken. 9. NEW BUSINESS A. Staff Letter to Kern County Water Resources Committee/Biosolids Task Force. concerning land application of imported biosolids. Florn Core, Water Resources Director, gave a brief update and recommends another letter from the Water Board, along with a copy of the previous letter dated November 13, 2003, be sent to the Board of Supervisors as a reminder of the City's opposition concerning imported biosolids. Motion by Couch to authorize staff to send the letter. APPROVED. B. Amendment No. 2 to Agreement No. 94-01 W. B. for Recovery and Exchange of Banked Water with Buena Vista Water Storage District. Gene Bogart, Water Resources Manager, gave a brief update and stated this is an ongoing exchange agreement that we have with Buena Vista Water Storage District. The City pays BVWSD a $10.00 exchange fee for supplemental Kern River water on an as needed basis. Motion by Hanson to approve the agreement. APPROVED C. Ditch Eradication Agreement and Pipeline Easement Agreements: 1 .) Donald and Connie Wattenbarger for Tentative Tract 6097; 2.) Tim and Sharon Banks for Tentative Tract 6143. Motion by Couch to forward Agreements to the City Council for approval. APPROVED D. Agreement for Discharge of Oilfield Wastewater into the Beardsley-Lerdo Canal System with Chevron/Texaco and North Kern WSD. Motion by Salvaggio to forward Agreement to the City Council for approval APPROVED 10. MISCELLANEOUS None. Bakersfield, California, September 17, 2003 - Page 3 11. WATER BOARD STATEMENTS Couch referred correspondence from David Price to Florn Core, Water Resources Director, for review. Board Members and staff expressed farewell wishes to City Attorney Bart Thiltgen, who will be retiring from the City on October 31, 2003. 12. CLOSED SESSION Chairperson Salvaggio recessed the meeting to Closed Session at 5:25 p.m. A. Conference with Legal Counsel- Existing Litigation: Closed Session Pursuant to Government Code Section 54956.9(A) City of Bakersfield vs. Kern Delta Water District, Kern County Superior Court Case No. 250283-RDR. B. Conference with Legal Counsel - Existing Litigation Closed Session Pursuant to Government Code Section 54956.9(A) North Kern Water Storage District vs. Kern Delta Water District, et al, Tulare County Superior Court Case No. 96-172919. Chairperson Salvaggio adjourned from Closed Session at 5:44 p.m. 13. CLOSED SESSION ACTION Chairman Salvaggio stated the Board received updates and there was no reportable action taken in Closed Session. 13. ADJOURNMENT Motion by Salvaggio to adjourn the meeting at 5:45 p.m. Mark Salvaggio -Chairman City of Bakersfield Water Board Bobbie Zaragoza, Secretary City of Bakersfield Water Board Water Board December 22, 2003 6. KERN RIVER LEVEE DISTRICT A. Operations and Maintenance Plan for Kern River Levee Improvements from South Allen Road 1.1 Miles West - For Board Approval and Recommendation to City Council RESOLUTION NO. Water Board Resolution No. 01-03 W.B. A RESOLUTION OF THE COUNCIL OF THE CITY OF BAKERSFIELD ADOPTING A MAINTENANCE AND OPERATION PLAN FOR THE ALLEN ROAD EXTENSION TO 1.1 MILES WEST LEVEE WHEREAS, as a continuation of the Kern River Levee, the City of Bakersfield agrees to operate and maintain an earthen levee along the future alignment of Ming Avenue south of the Kern River from South Allen Road to a point 1.1 miles west. WHEREAS, The Federal Emergency Management Agency (FEMA) requires an adopted maintenance and operation plan for the "Allen Road Extension to 1.1 Miles West" from the community Chief Executive Officer (Mayor); NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Bakersfield as follows: Pursuant to Section 12 of the City Charter, the "Allen Road Extension to 1.1 Miles West" is hereby established and attached hereto and marked "Exhibit ..... 000 ..... I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on , by the following vote: Ayes: Councilmember Couch, Carson, Benham, Maggard, Hanson, Sullivan, Salvaggio Noes: Councilmember Abstain:Councilmember Absent: Councilmember CITY CLERK AND EX OFFICIO Clerk of the Council of the City of Bakersfield APPROVED By HARVEY L. HALL Mayor APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney By. ALAN D. DANIEL Deputy City Attorney CITY OF BAKERSFIELD WATER RESOURCES DEPARTMENT OPERATIONS AND MAINTENANCE PLAN KERN RIVER LEVEE IMPROVEMENTS ALLEN ROAD EXTENSION TO 1.1 MILES WEST PURPOSE In compliance with the procedures of the Federal Emergency Management Agency (FEMA), Castle & Cooke - California, Inc. has constructed levee improvements along the south side of the Kern River, within the City of Bakersfield. These levee improvements begin at a point approximately 1.1 miles west of the Stockdale Highway. Bridge and terminate approximately 1.0 mile further west. The purpose of this levee is to allow areas currently designated as being situated within a FEMA Zone "A" flood area to be removed from the Zone "A" and assigned to a Zone "B" or "C" category area. In compliance with the requirements of FEMA, an "Operations and Maintenance Plan" approved by the City of Bakersfield is required as a part of the Letter of Map Revision (LOMR) application being submitted to complete the Flood Insurance Rate Map (FIRM) revision requested. A. OPERATIONS PLAN General: The following Operations and Maintenance Plan was prepared to include a section of Kern River Levee improvements newly constructed along the south side of the river beginning at a point approximately 1.1 west of the Stockdale Highway Bridge and ending at a point approximately 1.0 miles further west. The City of Bakersfield currently has jurisdiction over levee improvements upstream of this reach of the river and the recently constructed improvements will extend the area of jurisdiction. Existing City of Bakersfield Capabilities: In addition to the City of Bakersfield complement of labor and heavy equipment, a standby, heavy equipment contractor has been retained on an annual contract basis that includes a 24-hour notice clause to assist in operations and maintenance work. The present agreement with this Contractor will be extended to cover the new improvements described in this Plan and will be utilized to make any major levee repairs to these improvements. Closure Devices: There are no closure devices included in or proposed for this reach of the Kern River. Future Internal Drainage Systems: All future internal drainage systems will be established in accordance with the regulations of the City of Bakersfield. All such gravity drainage facilities, maintained by the City of Bakersfield, will be planned and constructed with streets and drainage lines carrying storm waters to excavated R:\PROJECTS\681225Xstudies\LOMR\Kem River O&M.doc ~amps designed to receive such storm waters. All ~,~m,,p.s shall be designed to contain the volume of storm water associated with a 100-year storm frequency. AUTOMATIC FLOOD WARNING SYSTEMS: There are no automatic warning systems included in or proposed for this reach of the Kern River. B. JURISDICTION AND RESPONSIBLE PERSONNEL The operations, maintenance, and repair of this levee facility will be the responsibility of the City of Bakersfield, County of Kern, the State of California. The personnel responsible for, and who have jurisdiction and authority to order emergency work are as follows: The Water Superintendent City of Bakersfield Water Department Mr. Patrick E. Hauptman 661 326-3715 The Water Resources Director City of Bakersfield Water Department Mr. Florn Core 661 326-3715 The Water Resources Manager City of Bakersfield Water Department Mr. Gene Bogart 661 326-3715 C. Inspections Inspectors shall keep written logs of all (~?pection activities and reports. (The levee shall be routinely patrolled at least annually, but alsO, after every severe storm event,"'"J~ whenever the channel has experienced flows in excess of 500 cubic feet per second. Inspections shall ,l.~o be conducted in the event of a grass fire or a seismic event greater than magnitude 5'~' th~' ~,,u. During these inspections, any erosion and all vegetation shall be carefully examined for signs of stress. Such signs of stress shall be recorded in the inspection report along with all other observations by the inspector. D. MAINTENANCE LEVEE REPAIR: Rills, sloughing or erosion of the slopes of the levee shall be repaired within two weeks of inspections and shall be repaired with suitable material and thoroughly compacted to 100% of dry density as determined by ASTM Test Method D698 (Modified Proctor). After any seismic event at the site, of magnitude 5 or greater, any sand boils or other damage shall be immediately repaired so as to mitigate the potential occurrence of liquefaction. A schematic detail showin,g~ ~potential liquefaction effects is attached. The standby Contractor shall be prepared tovJurnish, .b"q'uipment and materials for immediate major repairs should heavy damage occur. In the event of severe high water or seismic conditions, the standby Contractor shall have available, a Caterpillar 235 excavator, a Caterpillar 966 Loader, a self-propelled vibratory roller, and a motor grader available within 24-hours. R:\PROJECTS\681225\studies\LOMR\Kem River O&M.doc VEGETATION WORK AND REPAIR: A well-established sod cover will be maintained over the levee to prevent erosion rills and sloughing, and to withstand design water flow velocities. All vegetative material on the levee shall be carefully preserved, fertilized, and re-seeded or re-sodded as needed. Occasional spraying of brush growth with herbicides may be required to maintain the sod cover. All work shall be performed in accordance with CALTRANS STANDARD SPECIFICATIONS - JULY 1992, DEPARTMENT OF TRANSPORTATION, STATE OF CALIFORNIA, Section 20, and slopes shall be hydro-seeded in conformance with the project plans and specifications RIPRAP: Addition of riprap, if determined to be necessary to protect the levee from erosion, shall conform to CALTRANS STANDARD SPECIFICATIONS - JULY 1992, DEPARTMENT OF TRANSPORTATION, STATE OF CALIFORNIA, and may consist of non-concreted debris without rebar or facing rock. A footing trench will be constructed at the toe of the levee slope and Method "B" Placement shall be utilized in accordance with Section 72.503. RODENT CONTROL: When burrowing rodent damage is observed, control measures will be taken. Excavation and repair will be immediately performed. R:~PROJECTS\681225~studies\LOMR\Kern River O&M.doc Water Board December 22, 2003 7. REPORTS A. Kern River Operations Report KERN RIVER BASIN SNOWPACK ACCUMULATION EIGHT SENSOR INDEX December 18, 2003 40.0 , 1997-1998 , 242% A-J 35.0 1996-1997 122% A-J I 30.0 '"' 25.0 ~ ',100% of April 1 Average · 20.0 00 I 2001-2002 ' ' ~ 46% A-J .,., 65% A-J ~ 15.o Average I 2002-2003 , 70% A-J 10.0 2003-2004 I [ 1998-199954% A-J il 2000-200153% A-J 5.0 ' 0.0 i November December January February March April Snowpack Accumulation Season CITY OF BAKERSFIELD WATER RESOURCES DEPARTMENT ISABELLA RESERVOIR DALLY OPERATIONS REPORT (All readings are for date of report (THURSDAY) as of 0001, except as noted.., cfs in italics) Date of Report: December 18, 2003 ISABELLA RESERVOIR 2556.38 Lake Elevation (ff.) 146921 Storage (AcFt) -109 Change (AcFt) 210 Inflowto Isabella (cfs) 2 568075 Storage Capacity 26% % of Capacity 153235 Normal Storage 96% % of Normal Storage For this Date 3 5445 Average Lake Area (Acres) 7613 Inflow (Month AcFt) 9029 Outflow (Month AcFt) 4 202 North Fork Mean 204 North Fork @ 0600 Hours 30310 Accumulative Inflow (2004WY) 5 235 Mean Outflow 219 Borel Canal 16 Main Dam Outlet 50085 Accum. Outflow (WY) 6 235 Outflow @ 0600 219 Borel Canal @ 0600 Hours 16 Main Dam Outlet @ 0600 Hours Hours 7 30 Lake Evap. (cfs) 0.14 Inches Evap. for 24 Hours 660 Lake Evap. (Month AcFt to Date) 8 0 Spillway Discharge for 24 Hours PRECIPITATION AND TEMPERATURE 9 0.00 Inches of Precipitation at Isabella for 24 Hours 0.42 Inches of Precipitation at Isabella for Month 1.31 Seasonal Precip. Isabella 2.55 Normalfor 51% Isabella Precip. (Season: Oct 1 through Sep 30) this Date % of Normal I 0.00 Inches of Precipitation at Pascoe for 24 Hours 2.50 Inches of Precipitation at Pascoe for Month 2 4.90 Seasonal Precip. Pascoe 8.48 Normal for 58% Pascoe Precip. this Date % of Normal 3 3.0 Upper Tyndall Creek 5.7 Pascoe 4.2 Wet Meadow 14 63 Isabella Maximum Temperature 0.57 Isabella Max. Precip. on Record For this Date 1977 Year of Occurrence 5 37 Isabella Minimum Temperature 111 24 Hour Wind Movement (Miles) NATURAL RIVER FLOW 16 229 Natural Flow (cfs) 8264 Natural Flow (Month to Date) 325076 2003 Apr-Jul Runoff 17 379 Mean Flow 60% Natural Flow 312 Median Flow 73% Natural Flow For this Date in % of Mean For this Date in % of Median 8 1424 Max. on Record 145 Min. on Record 31825 Accum. Natural Flow (Water Year) 9 1966 Year of Occurrence 1990 Year of Occurrence 20 236 First Point Flow 9680 First Point (Month to Date) 52416 Accum. First Point (Water Year) ~RN RIVER FACTS & FIGURES: ,~ B A K E R S F I E L D On this date in 1980, Isabella Reservoir evaporation was 42 cubic feet per second. The high temperature at the lake headquarters reached 83°. For the month of December 1980, lake Produced by City of Bakersfield evaporation totaled 1,565 acre-feet, the 2nd greatest amount of December evaporation in the Water Resources 50-year history of the reservoir and 178% of the normal December lake loss of 881 acre-feet. (661) 326-3715 Water Board December 22, 2003 7. REPORTS continued B. "The Kern River Purchase"- For Board Review Water Board December 22, 2003 ' 9. NEW BUSINESS A.Participation in Weather Modification Program with Kern River Interests and Atmospherics Inc. - For Board Approval NORTH KERN WATER STORAGE DISTRICT 33380 Cawelo Avenge R O. Box 81435 Bakersfield, CA 93308-9575 Bakersfield, CA 93380-1435 Telephone (661) 393-2696 Facsimile (661) 393-6884 October 24, 2003 V'?p, i'ffr'~ F'.r-'' Buena Vista Water Storage District 'Martin Muobar City of Bakersfield Water Resources Flom Core Mark Mulkay Kern Delta Water District RE: 2003-2004 Weather Modification Program Gentlemen: Enclosed for your files is an executed copy of the contract with Atmospherics, Inc. Please sign the copy of this letter where noted that certifies your agreement to participate in 25% of the costs of the program and return to North Kern. Very truly yours, L. ~-~..1",.:~-_.,..-'~. '-.,...,. ...... C. H. WILLIAMS Staff Assistant We agree to our 25% share of the program for 2003-2004 (Agency) Enclosure CONTRACT This contract entered into this 21' day of October 2003 by and between the NORTH KERN WATER STORAGE DISTRICT, a Water Storage District organized and existing under and by virtue of Division 14 of the California Water Code, hereinafter referred to as the "District" and, Atmospherics Incorporated, a California corporation hereinafter referred to as the "Contractor." WITNESSETH: WHEREAS: the Department of Water Resources, State of California, initially issued to the District a permit for Weather Resources Management (hereinafter referred to as the "permit"), dated July 2, 1980 (Permit #11), which authorizes the District to conduct a Weather Resources Management Program (hereinafter referred to as the "Program"); and WHEREAS: the Contractor has on its staff qualified and recognized weather resources management personnel and other professionals necessa~ to carry out and supervise the program and has at its disposal the equipment necessary to carry out the program; NOW THEREFORE, IT IS AGREED as follows: 1. Contractor shall engage in artificial cloud nucleatiOn operations during the term of this contract, within the target area identified by and consistent with the INITIAL STUDY ENVIRONMENTAL ASPECTS OF KERN RIVER WEATHER MODIFICATION PROGRAM and the above referenced permit. The purpose of this cloud nucleation operation is to increase precipitation within the target area. 2. The term of this contract shall cover one seasonal operational period beginning on November 1, 2003 and ending on May 31, 2004. 3. The Contractor shall furnish and have available for use during the operational period the following equipment and personnel: a) The Contractor agrees to have available on a 24-hour-per-day, 7-day-per-week basis the services of a competent staff'to furnish full meteorological data. b) A complete radar system of the type designed to track precipitation areas within storms will be located at the vicinity of Porterville, California and shall be installed to cover the target area to the best advantage. c) All basic weather data will be processed at the head office of the contractor in Fresno and will be available at the location of the radar system. This information will be used to coordinate various phases of the field program. d) Telephone and power facilities will be maintained at the location of the radar system. e) A weather radio receiver will be additionally maintained at the location of the radar system for receiving hourly airway weather reports. f) Contractor will provide special photographic equipment designed to furnish permanent records of the various phases of the program. These photographs will be used to study and analyze various storm situations and will be made available to the District upon request. g) A cloud seeding aircraft will be based at the Porterville Municipal Airport. This aircr~ will be equipped for all-weather flying. R will be further equipped with facilities for dispensing silver iodide and other nucleating agents for use in cloud seeding activities throughout the The contractor agrees that its aircraft and equipment thereon will be certified by the Federal Aviation Administration, an agency of the United States of America, and that any and all pilots operating aircraft for or on behalf of the Comractor shall be duly licensed by the said Federal Aviation Administration. 'h) Contractor will install, operate and maintain five (5) silver iodide ground generators for use on the program during those periods when windflow dkections and velocities fi.om southerly directions make airborne seeding impractical due to military restricted air space southeast of the target area. i) Contractor will provide a service vehicle for field work related to all ground and ak equipment utilized on the project. j) Contractor will fumish the following personnel who will be stationed within or near the project area during the comract period: 1) One radar meteorologist 2) One instrument rated cloud seeding pilot 3) One radar technician 4) One field serviceman and equipment technician k) Thomas J. Henderson shall supervise the program and act as Contractor Representative. 4. The primary nucleating agent will be silver iodide, which shall be dispensed bom akcrafi and ground generators. Other advanced nucleating agents may be utilized as special storm characteristics may suggest. 2 5. The Contractor shall prepare all reports pertaining to the program required to be filed by the Contractor and District to comply with Federal and State Law. The Contractor shall furnish momhly operational reports during the full course of the cloud nucleating operation. As soon as practical ~er the conclusion of each yearly operational period, the Contractor will furnish the District a final operations report coveting the entke yearly operation. 6. The Contractor shall furnish and keep in force during the operational period the following insurance: comprehensive public liability and property damage insurance in the amount of not less than $2,000,000, coveting the operation of all its equipment owned or leased including aircr~ and workers compensation insurance. Such insurance shall be maintained at Contractor's cost. With respect to the above referenced insurance policies, the contractor shall deposit Certificates of Insurance with District prior to the commencement of the operational period reflecting the existence of the required insurance. The certificates of insurance for the comprehensive public liability and property damage insurance and the aviation bodily injury and property damage liability insurance additionally shall name North Kern Water Storage District, Buena Vista Water Storage District, Kern Delta Water District, and the City of Bakersfield, and their officers, agents and employees, as additionally named insure, ds. Parties require a thirty (30) day notice of cancellation. 7. Contractor agrees to be responsible for, and to indemnify and hold the District harmless and flee fi-om, all claims of damage to person or property of any kind or character whatsoever, caused by ContractOr's acts of negligence of malpractice in its cloud seeding operations. 8. Contractor agrees to be bound by all the laws of the State of California and the Federal Government, and that prior to commencing the operation under the contract for the District, the. Contractor Shall have in force all necessary licenses and permits fi-om the State of California to so operate. 9. TNs Contract may be canceled by the District for any of the following reasons upon five days written notice, sent by mail to the principal office ofthe Contractor. a) The issuance of any court of competent jurisdiction of any temporary or permanent injunction against all or any part of the cloud nucleation operations tmdertaken by Contractor under this contract, whether the District is 'a part of said legal proceedings or not. It is understood that the issuance of any temporary restraining order, or any temporary injunction limited by its terms to a period of less than twenty (20) days in duration, shall not constitute a basis for cancellation under this paragraph. b) The passage of any overriding legislation by the State of Califomia which shall outlaw, limit, void or alter in any substantial respect any provisions of this contract, or shall make unlawful or improper in any substantial respects, any of the operations of the Contractor under this contract. c) For any reason considered in the best interest ofthe District. In the event of cancellation by the District under or pursuant to the terms of 9a through 9e above, all monies already paid to the Contractor by the District shall be retained by the Contractor as compensation for services already performed. If the District requests a summary report on the cloud seeding operations for that season up to the time of such cancellation, Contractor will furnish such a report. 10. In the event the District decides that additional precipitation is not desired for any portion of the operational period, the District may suspend cloud seeding operations for any specified portion of such operational period by providing three (3) days notice to the Contractor. In the event the District suspends operations under this paragraph, Contractor will reimburse the District in the amount of $250.00 for each day of the suspension. 11. District agrees to pay the Contrac'tor for the services rendered, as outlined in this contract, the total sum of ONE HUNDRED AND FOUR THOUSAND ONE HUNDRED TEN DOLLARS ($104,110), PLUS AN AMOUNT OF ONE HUNDRED EIGHTY FOUR DOLLARS ($184.00) PER HOUR OF AIRCRAFF SEEDING FLIGHT TIME PLUS SEEDING MATERIALS IN PAYMENTS AS SET FORTH BELOW. It is understood and agreed that this sum includes the total fee for all aircraft flights and evaluations of the program. 12. SCHEDULE OF PAYMENTS: PAYMENT DATE AMOUNT 1 November 2003 15,000 1 December 2003 15,000 + November consumables 1 January 2004 15,000 + December consumables 1 February 2004 15,000 + January consumables 1 March 2004 15,000 + February consumables 1 April 2004 11,000 + March consumables 1 May 2004 11,000_+ April consumables 1 June 2004 7,110 + May consumables TOTAL: $104,110 + all consumables Consumables are considered to be aircr~ flight time and seeding materials. Special liability insurance ("consequential loss") at the $1,000,000 coverage level can be supplied for an additional cost of $3,200. This can be separately billed as a pass-through cost if desired by the District. 13. Any notice to be given hereunder may be served personally or by depositing the same in the United States mail, postage prepaid, and addressed to the party being notified at his address as set forth below, or at such other address as may be hereafter designated in writing. If served by mail, service shall be conclusively deemed to have been made upon deposit in the United States mail. 4 IN WITNESS WHEREOF, the parties hereto have set their hands and seals to this contract the day and year first hereinabove written. ADDRESS: P.O. Box 81435 Bakersfield, California 93380-1435 NORTH KERN WATER STORAGE DISTRICT En~.neer - Manager "NKWSD" ATTEST: Secretary Date ADDRESS: 5652 E. Dayton Avenue Fresno, California 93727 ATMOSPI~.RICS INCORPORATED Vresiden~ --'~o.o.o~raCtor'' ATTEST: Secretary Date Water Board December 22, 2003 '10. MISCELLANEOUS A. 2004 Water Board Meeting Schedule - For Board Review and Approval SCHEDULED MEETINGS BAKERSFIELD CITY COUNCIL JANUARY 2004 THROUGH DECEMBER 2004 Adopted November 5, 2003, Resolution No. 198-03 I--IREGULAR MEETING BEGINS (~ 5:15 PM ~ BUDGET MEETING & PRESENTATIONS CONTINUED AT 7:00 PM Monday's @ Noon, Wednesday's @ 5:15pm [----]WAT[~ I~OAIR~ [~IEET~NG (Propos®d} Hearing on 6/9, Adoption on 6/23 I--]Holidays- City Hall Closed ~ Joint City/County Meeting JANUARY FEBRUARY MARCH S M T W TH F S S M f W TH F S S M T W TH F S 1 2 3 1 2 3 4 5 6 7 1 2 3 4 5 6 4 5 6 7 8 9 10 8 9 10 11 12 13 14 7 8 9 10 11 12 13 11 12 13 14 15 16 17 15 16 17 1~ 19 20 21 14 151 16 17 18 19 20 18 19, 20 21 22 26 24 22 23 24 25 26 27 28 21 22 23 24 25 26 27 25 26 27 28 29 30 31 29 28 29 30 31 APRIL MAY JUNE S M T W TH F S S M T W TH F S S M T W TH F S 1 2 3 1 1 2 3 4 5 4 5 6 7 8 9 10 2 3 4 5 6 7 8 6 71 81 9! 10 11 12 11 12 13 14 15 16 17 9 10 11 12 13 14 15 13 14 15 16 17 18 19 18 19 20 21 22 23 24 16 171 18 19 20 21 22 20 21 22 231 24 25 26 25 26 27 28 29 30 23 24 251 261 27 28 29 27 28 29 30 3O 31 JULY AUGUST SEPTEMBER S M T W TH F S S M T W TH F S S M T W TH F S 1 2 3 1 2 3 4 5 6 7 I 2 3 4 4 5 6 7 8 9 10 8 9 10 11 12 13 14 5 6 7 8 9 10 11 11 12 13 14 15 16 17 15 16 17 1~ 19 20 21 12 13 14 15 16 17~ 18 18 19 20 21 22 23 24 22 23 24 25 26 27 28 19 20 21 22 23 24 25 25 26 27 28 29 30 31 29 30 31 26 27 28 29 30 OCTOBER NOVEMBER DECEMBER S M T W TH F S S M T W TH; F S S M T W TH F S 1 2 1 2 3 4~ 5 6 I 2 3 4 3 4 5 6 7 8 9 7 8 9 10 111 12 13 5 6 7 8 9 10 11 10 11 12 13 14 15 16 14 15 16 17 181 19 20 12 13 14 15 16 17 18 17 18 19 20 21 22 23 21 22 23 24 251 26 27 19 20 21 22 23 24 25 24 25 26 27 28 29 30 28 29 30 26 27 28 29 30 311 31