Loading...
HomeMy WebLinkAbout02/01/78 AG-E N D A WATER BOARD - CITY OF BAKERSFIELD WEDNESDAY, FEBRUARY 1, 1978 4: 00 P.M. Call Meeting to order Roll Call - Board Members: Rogers, Chairman; Barton, Bergen, Hoagland, Ratty 1. Approve minutes of regular board meeting of December 14, 1977. 2. Operations and Maintenance Service Agreements between City and. Tenneco West, Inc. and between City and Rosedale-Rio Bravo Water Storage District. - BOARD APPROVE AGREEMENTS AND AUTHORIZE CHAIRMAN TO SIGN. 3. Quitclaim Deed from City of Bakersfield to Tenneco West, Inc. for portions of redefined right-of-way on Calloway canal south of Rosedale Highway. - BOARD TO APPROVE QUITCLAIM DEED AND AUTHORIZE CHAIRMAN TO SIGN. 4. Agreement between City of Bakersfield and Tenneco west, Inc. for utilization of River Canal. - BOARD APPROVE AND AUTHORIZE CHAIR~AN TO SIGN. 5. Letter of December 22, 1977 to City Council from Central Valley Region, State Water Quality Control Board regarding proposed "WATER WELL STANDARDS FOR KERN COUNTY". - BOARD TO DETERMINE ACTION. ' 6. Staff Comments 7. Board Comments 8. Adjournment ~ MINUTES WATER BOARD - CITY OF BAKERSFIELD WEDNESDAY, DECEMBER 14, 1977 4:00 P.M. The meeting was called to order by Chairman Rogers in the City Hall Caucus. Room. The Secretary called the roll as follows: Present: Rogers, Bergen, Hoagland, Ratty, (Barton arrived at 4:15 P.M.) Absent: None Bob Bellue, District Engineer, Kern County Water Agency; George Nickel, President, Nickel Enterprises; Paul Leland, Engineer, Nickel Enterprises; also, attended the meeting. The minutes for the meeting of November 9, 1977, were approved as presented. A Grant Deed from Tenneco West, Inc. to City of Bakersfield for portions of the Kern Island canal right-of-way between 30th and 34th streets was presented to the Board. Water Manager Blake- more gave a summary of the Grant Deed informing the Board that this was an oversight on Tenneco's part when they deeded the water facilities to us so, of course, when the City deeded to Kern Delta Water District a portion of the facilities this parcel was not included and the oversight recently came to light through a title search. Kern Delta then contacted Tenneco and.Tenneco made up a Grant Deed which they presented to Mr. Bergen. Time is of the essence so we Called this Board meeting to get the item on the Agenda. It requires that the City Water Board accept the Grant Deed from Tenneco and authorize the execution of the acceptance. Then a quitclaim deed for the same-parcel from the City to Kern Delta Water District has been prepared by the City Attorney's office and we need Board authorization for transfer of that property. Mr. Hoagland made a motion that the Board accept the Grant Deed from Tenneco, and approve the quitclaim deed to Kern Delta and authorize the Chairman to sign. The motion was carried. A Quitclaim deed from the City of Bakersfield to Tenneco West, Inc. for portions of excess right-of-way on the Beardsley One ditch (also, known as the Beardsley 20-foot ditch), was presented to the Board. Mr. Blakemore informed the Board that this descrip- tion of the canal through a portion'of Section 29 was previously and undescribed easement and Tenneco has now surveyed it and they have a definite description of the right-of-way. John Chafin, met with Tenneco people in the field and worked out what we needed for an adequate right-of-way and they have asked us to quitclaim any right, title or interest we have in Lots 2, 3, and 4 of this particular Section, except the described right-of-way. The City will then have a described fee entitlement to this canal right- of-way. Upon motion by Mr. Ratty, which was carried, the Board approved the Quitclaim Deed and authorized the Chairman to sign. It was brought to the attention of the Board the importance of the City adopting a policy regarding public use of the City's~ property in and adjacent to the Kern River bed. Mr. Blakemore informed the Board that field office personnel have received a number of inquires from various types of clubs and individuals regarding use of the City's river bed property, not only the ~28O0'acres but, also, the upstream portion of the river bed. through the City. The Water Department is concerned with the river bed as far as it concerns water transportation, and spread- ing, but other departments of the City and possibly other Public entities are, also, interested. Mr. Blakemore feels that'in light of the fact that there has been several inquires and some- time there has been some use of the river bed for sand drags, horseback riding, dog trials, etc., he Was concerned that their might be some liability involved. We'do not have a proper way of handling it at present and he would like the Board to give some thought to this matter and give the Water Department some direction in this matter. Relative to this Mr. Bergen stated that he felt it was extremely important that the City make contacts at this time. He informed the Board that the City has talked with Cal State Bakersfield concerning the idea of a natural preserve to be maintained in that area. Along with requests for other uses he feels that something should be put together by the staff, working with Mr. Stetson, the Public Works Department, and the Parks Department so that the Board will.have something to evaluate. Kim Combs, accountant for the Water Department, informed the Board that with our purchase of the Kern River bed from Tenneco last June we did inherit one (1) lease with the Bakersfield Trail Blazers who hold their semi-annual sand drags in the river bed. In the past the annual revenue from these drags has been $200.00 per year and the City has billed the Trial Blazers from October 28, 1977 to October 29, 1978, and their lease requires thirty (30) days notice to be terminated. Mr. Bergen stated that he did not believe that tieing up that area for $200.00 per year was reasonable. Mr. Chafin informed the Board that he felt there was more to be considered than the annual revenue as these two weekends a year bring more people into our community. Mr. Hoagland questioned the effect of such use on the river bed in regard to flood control and Mr. Chafin stated that he did not believe the drags had any effect on the river bed in this regard. He, also, did not think that the river bed would be effected for groundwater replenishment purposes. Mr. Bergen sta~ed that we have 3,000 or 4,000 acres of Kern River bed and he feels we need a map indicating what area-should be used for what activity. We .are receiving a number of requests and he does not think we can intelligently evaluate these requests unless we have a map of the River bed. The map should indicate the property the City owns with the access to it so that we could start delineating, an area for the college, an area available for the dragsters, an area for the shooting club, dog trails, and so on. Mr. Bergen feels that if we do not accomplish this we are going to have a political problem. '. Chairman Rogers informed the Board that the letter from Cal State Bakersfield regarding the use of a portion of the Kern River bed for a wildlife preserve had been referred to the Water and City Growth Committee. Mr. Rogers told ~he Board that he had received a telephone call from Paul Bailey, who is a dog trainer regarding the use of the Kern River bed and he referred him to the Water and City Growth Committee. Mr. Bailey is going to send a letter to them making recommendations as to the use of the River bed in regard to dog training activities. Chairman Rogers discussed his ideas on the use of the Kern River bed saying that he agreed with Mr. Hoagland that as long as the activities did not cause any serious problems to the land surface that in these times when we have so many restrictions it would be a breath of fresh air to be able to provide an area for people in clubs to use. Mr. Rogers agreed, however, with Mr. Bergen that this should be done in an orderly manner. -2- ~ir.~ Bergen informed the Board that we are now getting some. requests that are of a permanent nature, for example the skeet shooters are talking about wanting an acre of land to build a building.and this could very well be compatible, however, it is of utmost importance that we get a map and start laying this area out. Mr. Rogers asked what committee or board all of these requests and ideas should be brought before and Mr. Bergen stated that he was willing to take care of these matters in the Manager's Office. Mr. Bergen feels-that the Planning Department and, also, the Water Department are very much interested in this matter. He feels that this project should be run from the Man- ager's Office so that we can get the other departments, involved Mr. Rogers told the 'Board that all of the letters and inquires that have been received regarding the use of the Kern River bed have been referred to the Water and City Growth Committee, and Mr. Bergen informed the Board that the water and City Growth Committee is his responsibility and he has assigned Jim Buell to work on this project. Mr. Rogers suggested that Mr. Bergen's office come up with what they think is a coherent plan. Mr. Bergen feels that the organization should be done by the Water and City Growth Committee and then brought before-the Water Board. It was the concensus of the Board that in light of Mr. Bergen's comments his office should be in charge of the investigation and planning for the river bed area. Board member Barton entered the meeting at this time. S~aff Comments Mr. Bergen informed the Board that it is anticipated that Mr. Kamprath from Division 5, Kern County Water Agency will be re- signing and We have been requested to submit the name of a person to them that we think would be capable and able to devote time to serve on the Kern County Water Agency Board. Bob Bellue, District Engineer, Kern County Water Agency, informed the Board that~they want to know potential canidates before the end of December and there is only one more meeting scheduled, which is next Tuesday, December 20, 1977. Mr.-Hoagland informed the Board that there was a new State law which requires a posting of ten days whenever there is a vacancy on-any board or commission and he suggested that.Mr.~Bellue check with Kern County~Water Agency attorney regarding this law, which does affect the City. Board Comments Mr. Bergen informed the Board that District 5 is esentially Kern River on the north, Union Avenue on the east, Stockdale Highway on the south, Park Stockdale is in Division 5 and Stockdale Estates (Old Stockdale) is not, plus the four square miles that are between Real Road and Union Avenue south of Stockdale Highway, and that portion down to Planz Road. Mr. Bellue informed the Board that two afternoons and two evenings a month would be the basic attendance requirements for the committee and board meet- ings, and also occasional trips. The pay is $25.00 per committee meeting and $50.00 per board meeting. In answer to Mr. Nickel's question as to whether or not the Board had reviewed his letter of December 6, 1977,~Mr. Hoagland informed him that he had not had a chance to review the letter or talk with Tom Stetson relative to the letter and he will do this as soon as time permits and then contact Mr. Nickel. There being no further business to come before the Board, the Chairman adjourned the meeting at 4:25 P.M. Lihda'~o~m~er~, s~cretar~' city of Bakersfield Water Board ~~.~~ MEMORANDUM ........ .J~..n..u...a,.r.:~....z.3.,....!!7. ~ ............. TO ......... .~8.~.~..~..O.A~...~...m}...E. AS' .......................................................................................................................... FROM .... ..a...o.~8...~.:...g~A.Ul:..~ ...................................................................................................................................... Tenneco West, Inc. and Rosedale-Rio Bravo Water Storage District have requested the City of Bakersfield to operate and maintain surface water facilities owned by them, Attached are cop~es of service agreements by which the City would operate and maintain the James and Pioneer canals for Tenneco and the Rosedale Channel for Rosedale-Rio Bravo W.S.D. Both Tenneco and Rosedale concur with the terms of the respective agreements and are ready to, sign and execute. Entering into these service agreements would augment the City's position in the long-range operation of the Kern River. It enables the City to operate all diversion points on the Kern River within the First Point canal system. These service agree- ments would give the Water Department flexibility to make effi- cient use of existing personnel and equipment. The rate and cost.schedules (attached) allows the City to re- capture all costs for labor, benefits, equipment, materials, etc. plus an override percentage for providing such service to Tenneco West and Rosedale-Rio Bravo W.S,D. AGREEMENT NO-. · OPERATIONS AND MAINTENANCE SERVICE AGREEMENT THIS AGREEMENT., made as of the 1st day of January, 1978, by CITY OF BAKERSFIELD, successor to Kern County Canal and Water Company, hereinafter called "City", and TENNECO.WEST, INC., a Delaware Corporation, hereinafter referred to as "Tenneco"; WITNESSETH WHEREAS, Tenneco has the ownership of certain portions of facilities known as the pioneer and James canal systems to be used in the development, diversion, pumping, transportation and percolation of its water supply and; WHEREAS, City has suPervised, managed and handled the measurement and distribution of water on the Kern River for itself and its affiliates, including the performance of certain provisions of the sohcalled Miller-Haggin Agreement of July 28, 1888, as amended; and WHEREAS, for the time being, and until other arrange- ments shall be made for the purpose, Tenneco desires the City to perform services on behalf of Tenneco, as hereinafter provided, and the City is willing to do so as an 'accomodation to Tenneco. NOW, THEREFORE, the parties hereby agree with each other as follows: 1. Performance 'of Services by City: Whenever and as often as requested by Tenneco or its Engineer, City agrees that so far as it is able to do so, City, for .and on behalf of Tenneco~ Will; measure, divert, pump, transport and deliver water, using all facilities available to Tenneco for the purpose; and, will maintain in proper condition all facilites of Tenneco used for the development, diversion, pump- ing, transportation and percolation of its water supply, all such services to be performed in such manner and at such times ..~as~shall meet with the approval of the General Manager of Tenneco. City agrees to keep full, current, complete and accurate daily records of such services, and like records showing the flow and quantity of water diverted by Tenneco. All such records shall be available for inspection on behalf of Tenneco at all times during business hours. City shall provide all labor, equipment, materials and supplies necessary for the performance of such service. 2. Payment to City: For all services performed and equipment, materials and supplies furnished by City hereunder, Tenneco agrees to pay City in accor- dance with the provisions or rates set forth in Schedule A attach- ed hereto and hereby made a part hereof. The payments to be made from time to time promptly upon receipt of City's detailed state- ments therefor. City shall keep Tenneco currently informed at all times regarding the nature, extent and estimated cost of all services performed hereunder.· The matters set forth in Schedule A hereto shall be effective for calendar year 1978. Said Schedule A shall be reviewed and by mutual agreement may be modified during December of each calendar year commencing December 1, 1978. Any such modification to Schedule A shall be and become effective only upon w±rtten agreement of the parties. ~ 3. Termination: This agreement shall continue in effect until terminated by giving written notice from one party to the other at least ninety (90) days in advance of the termination date. 4. Past Services: Nothing herein contained shall be deemed to apply to services performed or to equipment, materials or supplies furnished by City to Tenneco prior to the date hereof. -2- · ~5. ~..Notices: Any notice with respect to the agreement shall be deemed fully given and made when delivered in writing or mailed by registered mail as follows: If to City~ To City of Bakersfield Department~ of Water 1501 Truxtun Avenue Bakersfield, CA 93301 If to Tenneco: To Tenneco West, Inc. P. O. Box 9380 Bakersfield, CA 93309 The address of either party may be changed by written notice to the other. 6. Assignments: Neither party shall have any right to assign this agreement, either voluntarily or by operation of law, without the prior written consent of the other party, and any assignment or attempted assignment by either party without such consent shall at the option of the other partY be null and void, IN WITNESS WHEREOF, the parties hereto have signed .this agreement in triplicate this 1st day of February, 1978, as of the day and year first above written. TENNECO WEST, INCo CITY OF BAKERSFIELD By~ By By ~ By APPROVED AS TO FORM: City Attorney -3- ¢ SCHEDULE A (TO OPERATIONS AND MAINTENANCE SERVICE'A~GREEMENT) Subject to review and modification as provided in paragraph 2 of said Service Agreement. RATES OF P~YMENT~ 1. For Labor - Direct Field Employees: The actual cost to City for wages and employee benefits of direct field personnel as listed below plus 24% of the aggregate of total direct labor costs as reimbursed for supervision and general overhead. The basic per hour rates for the following class- ±f~cati0n's'of~ service 'shall' b'e:' Direct Labor Schedule (includes employee benefits) ,STEP ,STEP .STEP ,STEP STEP · ~ .JOB TYPE-, ,~- - 1 2 3 4 5 Laborer 4.98 5.23 5.49 5.76 6.05 Weed Controller 5.46 5.73 6.02 6.32 6.63 Canal Tender 5.99 6.29 6.60 6.93 7.28 Trades Assistant 6.57 6.90 7.24 7.61 7.99 Heavy Equip. Oper. 7.22 7.58 7.96 8.36 8.77 Hydrographer 9.14 9.59 10.07 10.58 11.10 These rates are subject to 4% salary increase effective first full pay period in April 1978. 2~ For Labor ~ Maintenance Employees: The actual cost to City for wages and employee benefits for,maintenance personnel such as welders, machinists, ,mechanics~' etc, plus 24% of the aggregate of total direct labor costs as reimbursement for supervision and general overhead. Most. generally labor in this category is on part time basis from C~ty, to Tenneco due 'to ~rt"temporary'~job projects.' - Schedule A 3. For Labor - Hydrographic Employees: The actual cost to City for hydrographic personnel for labor to perform hydrographic work for District plus 24% for overhead, based on City's expenses incurred in measuring, keeping records and preparing reports on flow for those aforementioned facilities owned by Tenneco .... 4. Benefit Costs: Determination of actual costs to City for Labor Categories paragraphs 1, 2, and 3 9hove: The actual costs to City shall include a charge for employee benefits such as,' but not limited to, sick leave, vacation, holiday, employer payroll tax expenses, group life, health, accident insurance, determined in accordance with the classification and time limitations set forth in paragraphs 1, 2, and 3 above. 5. Cost for Materials and Supplies (Office and Field Materials): The actual cost to City plus a handling charge of 10% 'when any material is requisitioned for. District. 6. Por".TenneCo~.~USeOfl ~qui. p~ent and Vehicles; A. Equipment herein detailed to be charged at an hourly rate plus. 15% to cover cost of :investment in equipment, shop facilities, insurance expense, etc. The time charges shall include time spent going to and returning fr~m work site to City's equipment yard. (Rates spec- ified below ~nclUde all operating costs such as fuel consumption, lubrication, maintenance, parts, repairs and depreciation; excepting only cost of operating personnel - set forth in paragraph 1 hereof.) -2- Schedule A EQUIPMENT RATES Use Rate per Hour Plus 15% and Plus Operating Equipment. ~,... · x Personnel D-14 G Grader/Sloper $ 8.15.' D-4 D Cat. Dozer 8'.15 D-6 C Cat. Dozer 8.15 5-Yard Dump Truck 4.15 7-Yard Rubbish Truck 4.15 ; 25,000 G.W.W. Flatbed 4.15 1-Ton Utility Truck 3.50 1/2-Ton Pickups 2.90 15 Ton and 20 Ton Tiltbed Trailers 1000 B. When other equipment is required in the performance of normal operations and maintenance (such as back- hoes, skip loaders, diesel truck and low-boy trailers, etc.) th'e charge'will be based upon City's use rate cost per hour plus_15~. Addendum to:' OPERATIONS & MAINTENANCE SERVICE AGREEMENT Examples of Total Labor and Equipment Costs Per Hour... Total cost to District per hour for labor, including.benefits, supervision and general overhead: ~. STEP STEP STEP STEP STEP 'JOB TYPE 1 .2 3 4 5 Laborer- $ 6.18 $ 6.49 $ 6.81 $ 7.14' $ 7.50 Weed Controller 6.77 7.11 7,46 7.84 8.22 'Canal Tender 7.43 7.80 8.18' 8.59 9.03 Trades Assistant. 8.15 8.56 8.98 9.44 9.91 Heavy Equip. Operator 8,95 9.40 9.87 10.37 10.87 Hydrographer 11~33 11,89 12,49 13.12 13.76 Total cost to District per hour for use of Equipment and Vehicles listed below~ including all overhead: EQUIPMENT TOTAL COST PER HOUR D-14- G Grader/Sloper : $9.38 D-4.D Cat, Dozer 9.38 D-6 C Cat. Dozer 9,38 5-Yard Dump Truck 4.77 7-Yard Rubbi§h Truck 4.77 25,000 G.V.W. Flatbed 4,77 1-Ton Utility Truck 4.02 1/2-Ton Pick-up 3.33 t/2~Ton Equipment @per, ~ck~up 1.25 15 Ton & 20 Ton Tiltbed Trailers 1,15 AGREEMENT NO., ~ OPERATIONS' ~AND' MAINTENANCE SERVICE AGREEMENT ~ THIS AGREEMENT, made as of the 1st day of JAnuary, 1978, by CITY OF BAKERSFIELD, successor to Kern County Canal and Water Company, hereinafter called "City", and ROSEDALE-~ RIO BRAVO WATER STORAGE DISTRICT, hereinafter referred to as "District;" WITNESSETH WHEREAS, District has the ownership of the ROSEDALE- RIO BRAVO WATER STORAGE DISTRICT facilities to be used in the development,.diversion,~pumping, transportation and percolation of its water supply and; WHEREAS, City has supervised, managed and handled the measurement and distribution of water on the Kern River for itself and its affiliates, including the performance of the August 31, 1961 ROSEDALE-RIO BRAVO WATER STORAGE DISTRICT "KERN RIVER WATER SERVICE AGREEMENT," 'as amended and; WHEREAS, for the time being, and until other arrange- ments shall be made for the purpose, District desires the City to perform services on behalf of District, as hereinafter pro- vided,.and the City is willing to do so for the consideration herein set forth. NOW, THEREFORE, the parties hereby agree with each other as follows: 1. Performance of Services by City: ~enever and as often as requested by District or its Manager or his designee,, City agrees that so far as it is able to do so City, for and on behalf of District will measure, divert, pump, transport and deliver water, using all facilities available to District for the purpose, and will maintain in proper condition all facilities of District used for the development, diversion, pumping, transportation and. percolation of its water supply, all such services to be performed in such manner ~nd at such times as shall meet with the approval of the Manager of District or his designee. City agrees to keep full, current, complete and accurate daily records~°f such services, and like records sho~ing the flow and quantity of all water available to and ~diverted by District. All such records shall~be available for inspection on behalf of District at all times ~uring business hours. City shall provide all labor, equipment, materials and supplies necessary for the performance of such service. Nothing herein shall in any way effect existing obligations of City as to the delivery, measurement or record keeping of the Kern River under existing agreements. 2. Payment to City~ For all services performed and equipment, materials and supplies furnished by City hereunder, District agrees to pay City in accordance with the provisions 'or rates set forth in Schedule A attached hereto and hereby made a part hereof. The payments to be made from time to time promptly'after a regular meeting of D±str±cts Board of~Directors upon receipt of City's detailed statements therefor. City shall keep District currently in- formed at all times regarding the nature, extent and estimated cost of all services performed hereunder. The matters set forth in Schedule A hereto shall be effective for calendar year 1978. Sa~d Schedule A shall be reviewed and by mutual agree- ment may be modified during December of each calendar year commencing December 1~ 1978, kny such modification to Schedule A shall be and become effective only upon prior written agreement of %he parties. 3. Nothing herein shall be construed to obligate the City to defend or indemnify-District from any claim,.by ~i.~hird person~ for an existing condition within Districts works at the time of execution of this agreement. 4. Termination: This agreement shall continue in effect until terminated by giving written notice from one'party to the other at least Ninety (90) days in advance of the termination date. 5. Past Services: Nothing herein contained shall be' deemed to apply to services performed or to equipment, materials or supplies furnished bY City to District prior to the date hereof. 6. Notices: Any notice with respect to the agreement shall be deemed fully given and made when delivered in writing or mailed by registered mail as follows: If to City: To City of B~kersfield Department of Water 1501 Truxtun Avenue Bakersfield, California 93301 If to District~ To Rosedale~Rio Bravo Water Storage District 1415 ? 18th Street, Room 302 Bakersfield, California 93301 The address of either party may be changed by written notice to the other~ 7. Assignments: Neither party shall have any right to assign this agreement, either voluDtarily or by operation of law, without the prior written consent of the other party, and any assignments or attempted assignment by either party without such consent shall at the option of the other party be null and void. -3- IN WITNESS.WHEREOF, the parties hereto have signed this agreement in triplicate this 1st day of FebrUary 1978, as of the day and year first above written. ROSEDALE~.RIO BP3kVO WATER STORAGE DISTRICT CITY OF BAKERSFIELD By .... By' By~ By APPROVED AS TO FORM: APPROVED AS TO FORM: '- District Attorney ' ~ City Attorney -4- S~HEDULE A .(TO OPEI~TIONS g2XlD F'~IN~ENANCE 'SERVICE' At3REEMENW) Subject tO review and modification as prOvided in l~aragraph 2 of said Service J~greement. RATES OF P~¥MENT 1. For Labor - Direct Field Employees: The actual cost to City for wages and employee benefits of direct field personnel as listed below Plus 24% of the aggregate of total direct labor costs as reimbursed for supervision and general overhead. The basic per hour rates for the following class~ ificati6nS~f service 'shall be:' D~rect Labor Schedule (includes employee benefits) ,STEP ,STEP .STEP ,STEP STEP ,., .JOB TYPE~' .... 't 2 3 4 5 Laborer 4.98 5.23 5.49 5.76 6.05 Weed Controller 5.46 5.73 6.02 6.32 6.63 Canal Tender 5.99 6.29 6.60 6.93 7.28 Trades Assistant 6.57 6.90 7.24 7.61 7.99 Heavy Equip. Oper. 7.22 7.58 7.96 8.36 8.77 Hydrographer 9.14 9.59 10.07 10.58 11.10 These rates are subject to 4% salary increase effective first full pay period in April 1978. 2~ For Labor ~. Maintenance Employees: The actual cost to City for wages and employee benefits for,maintenance personnel such as welders, machinists, -mechanicsi' etc~, plus 24% of the aggregate of total direct labor costs as reimbursement for supervision and general overhead. Most. generally-labor in this category is on part time basis from City` to District due to short temporary job projects. Schedule A 3. For Labor - Hydrographic Employees: The actual cost to City for hydrographic personnel for labor to perform hydrographic work for District plus 24% for overhead, based on City's expenses incurred in measuring, keeping records and preparing reports on flow for those diversions and deliveries not specified in the August 31, 1961 "KERN RIVER WATER SERVICE AGREEMENT" as amended. 4. Benefit Costs: Determination of actual costs to City for Labor Categories paragraphs 1, 2, and 3 above: The actual costs to City shall include a charge for employee benefits such~ as, but not limited to, sick leave, vacation, holiday, empl6yer payroll tax expenses, group life, health, accident insurance, determined in accordance with the classification and time limitations set forth in paragraphs 1, 2, and 3 above. 5. Cost for Materials and Supplies (Office and Field. Materials): The actual CoSt to City plus a handling charge of 10% when any material is requisitioned for District. 6. For District Use of Equipment and Vehicles: A. Equipment herein detailed to be charged at an hourly rate plus 15% to cover cost of ,investment in equipment, shop facilities, insurance expense, etc. The time charges shall include time spent going to and returning from work site to City's equipment yard. (Rates spec- ified below include all operating costs such as fuel consumption, lubrication, maintenance, parts, repairs and depreciation; excepting only cost of operating personnel - set forth in paragraph 1 hereof.) -2- Schedule A '~EQUIPMENT RATES Use Rate per Hour Plus 15% and Plus Operating Equipment ,~- , ~ Personnel D-14 G Grader/Sloper $ 8.15 D-4 D Cat. Dozer 8.15 D-6 C Cat. Dozer 8.15 5-Yard Dump Truck 4.15 7-Yard Rubbish Truck 4.15 25,000 G.W.W. Flatbed 4.15 1-Ton Utility Truck 3.50 1/2-Ton Pickups 2.90 15 Ton and 20 Ton Tiltbed Trailers 1,00 B. ~hen other equipment is required in the performance of normal operations and maintenance (such as back- hoes, skip loaders, diesel truck and~low-boy trailers, etc.) the charge will be based upon City's use rate cost per hour plus 15%. -3- Addendum to = OPERATIONS & MAINTENANCE SERVICE AGREEMENT " Examples of Total Labor and Equipment Costs Per Hour .... Total cost to District per hour for labor, 'including benefits, supervision and general overhead: STEP STEP STEP STEP STEP JOB TYPE 1 .2 3 4 5 'Laborer $ 6.18 $ 6.49 $ 6.81 $ 7.14 $ 7.50 Weed Controller 6.77 7,11 7',46 7.84 8.22 Canal Tender .7.43 7.80 8.18' 8.59 9.03 Trades Assistant 8.15 8.56 8.98 9.44 9.91 Heavy Equip. Operator 8,95 9.40 9.87 10.37 10.8.7 Hydrographer 11~33 11.89 12,49 13.12 13.76 Total cost to District per hour'for use of Equipment and Vehicles listed below, including all overhead: EQUIPMENT TOTAL COST PER HOUR D-14 G Grader/Sloper $9,.38 D-4 D Cat, Dozer 9.38 D-6 C Cat. Dozer ~ 9.3'8 5-Yard Dump Truck 4.77' 7-Yard Rubbi§h Truck 4.7'7 25,000 G.V.W. Flatbed 4,77 1-Ton Utility Truck 4.02 1/2-Ton Pick-up 3.33 · /2~Ton Equipment ~pe~, ~ick~up 1.25 15 Ton & 20 Ton.Tiltbed Trailers 1,15 Order No. Escrow No. *' , Loan No. WHEN RECORDED MAIL TO; SPACE ABOVE THIS LINE FOR RECORDER'S USE MAIL TAX STATEMENTS TO: DOCUMENTARY TRANSFER TAX $ COMPUTED ON FULL VALUE OF ~bROPERTY CONVEYED COMPUTED ON FULL VALUE LESS LIENS AND ~ ENCUMBRANCES REMAINING AT TIME OF SALE Signature of Declarant or Agent determining tax --*Firm Name CORPORATION ( UITCLAIM DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, the. CITY OF BAKERSFIELD, a municipal corporation, -*. . . , does hereby REMISE, RELEASE AND QUITCLAIM to TENNECO REALTY DEVELOPMENT CORPORATION, a Delaware corporation, the real prope~y in* the City of unincorporated area County of Kern . .. , State of California, described at That portion of the Easement for the "Callaway canal" lying within the NE/4 of the NW/4 and the S/2 of'the NW/4 of Section 28, Township 29 South, Range 27 East, M.D.M.; EXCEPTING THEREFROM that portion thereof lying within the following described parcel of land: That portion of the Northwest .~uarter (~/4) of Section Twenty- Eight (28), Township l~enty-Nine (29) South, Range Twenty-Seven (27) East, M.D.M., Kern County,.California., described as fo~lows: Beginning at a point on the east line of said NW/4, distan~ %hereon South 00014'07" West, 1,419.33 feet; thence from said Doint of beginning South 65054'27'' West, 851.20 feet; thence South 88038'50'' West, 649.34 feet; thence North 69022'52'' West, '255.26 feet; thence North 46030'57'' West, 202.08 feet; thence · 'North 09007'46'' West, 241.20 feet, more or less to a point on the north line of the South half (S/2) of said ~/4; thence ~long said north line South 89046'55'' East, 149.76 feet; thence South 01021'56'' East, 82.68 feet; thence South 35028'26'' East, . 72.~1 feet; thence South 52027'56" East, 68.06 feet; thence ~ South 62o46'26" East, 96.25 feet; *thence South 80027'26" East, 234.35 feet; thence South.88o35'26" East, 97.87 feet; thence ~orth 86024'34'' East, 137.63 feet; thence North 75°-17'04" East, 137.14 feet; thence North 71012'34" East, 153.27 feet; ~ %hence North 64o36'04" East, 399.08 feet, more or less to a po~nt on the north line of the S/2 of said N~/4; thence along said north line, North 89046'55'' West, 285.81 feet; thence ~orth 64"22'43" East, 667.88 feet, more or less to a point on the east line of said ~/4; thence along said east line · * South 000]4'07" west, 388.22 feet, more or less to the True Point of Beginning. Dated ........ * STATE OF CALIFORNIA ] COUNTY OF im' On before me, the undersigned, a Notary Public in and for said By ~tate, personally appeared kno~'.'n to me to be the President, end known !o me lo bo ~he Secretary of ' lbo COr~3OrDllorl IJ',.l! ex~x;uted tho within instrument, and known behalf of tho corl)(~rat,o~, tholu,lt fhuiTL~l, alTd ~knowl['(hlL~l to rne It~ bY'la~ of u I~olutlon of ils boa~d of ........................................................ AGREEMENT FOR THE UTILIZATION OF THE CITY OF BAKERSFIELD'S RIVER CANAL This Agreement, dated , 1977; between the City of Bakersfield (hereinafter referrred to as City) and Tenneco West, Inc. (hereinafter referred to as Tenneco:) WITNESSETH: WHEREAS, City is the owner of a canal known as the River Canal which lies southerly of the Kern River and generally parallels the Kern River between Section 6, T.30S., R.27E. and Section 24, T.30S., R.25E., MDBSM, as shown on Exhibit "A" attached; and WHEREAS, Tenneco desires to construct three (3) water delivery turnouts in said River Canal at locations indicated on Exhibit "A" and more partieu!arly .described hereinafter; NOW, THEREFORE, in consideration of the mutual covenants, prommses and conditions hereinafter set forth City and Tenneco do hereby agree as follows: 1. Tenneco will design and construct the three turnouts at its sole expense. ~ 2. The three turnouts~-proposed to be constructed by Tenneco will be in the general'locations described as follows: A. Near the Northwest corner of Section 12, T.30S, R.26E,' B. Near the West Quarter corner~ of Section 11, T.30S., R.26E, C.' Near the West line of the East half of the Northwest Quarter of Section ii, T.30S., R.26E. '~.' '.~3. The design and constrUction of the thuee'turnouts will be subject to the approval of the City and all costs for review of design and construction shall be at Tenneco's .expense.' 4. Tenneco shall, subject to the provisions herein, have the right to transport water owned by it through the River Canal. Ail water delivered into and from the River Canal by or on behalf of Tenneco shall be accurately measured at Tenneco's sole expense and to the satisfaction of City.. All losses of Tenneco water in the River Canal shall be accounted for to the satisfaction of City and shall be deducted accordingly from Tenneco deliveries from the River Canal. 5. Ail facilities constructed by Tenneco in the River Canal and its appurtenances, including the three turnouts, shall' become the sole property of .City and all such facilities shall be operated and maintained by City at Tenneco's expense. 6. All deliveries of Tenneco water into the River Canal shall be scheduled in advance with reasonable notice to the City. 7. Tenneco's delivery of water.through the River Canal Will be only at times when City has unused capacity, at the sole determination of City, in said canal and will be subject to all existing contracts and agreements relating to the use of said canal. 8. Tenneco shall pay City $0.75 per acre-foot for each acre- foot of water it conveys in the River Canal and such cost shall be su~j~ctto escalation on the basis of the November 1, 1977 Price Index for "All Commodities" classification of the ~'~olesale Price Indices for Major Commodity Group published by the Bureau of Labor Statistics. Not withstanding any-provisions to the contrary, no charge shall be made to Tenneco for transportatiOn of water sold to Tenneco by the City. -2- .~.. ~9. ~11 charges are due and payable by Tenneco to City 15 days after mailing.of notice by City. 10. The term of this agreement shall be for thirty-five (35) yea~s. ' 11. This agreement is subject to any federal, state or local regulations or legal restrictions limiting in any way the performance by City of' the terms of this agreement. 12. Tenneco shall indemnify City, its officers a~d employees for any liability for injury to, or death of, any person or damage to any property caused by a negligent or wrongful act or omission occurring in Tenneco's performance of this agreement. 13. In the event either party is ~ompelled to resort to litigation for the performance of'conditions of this contract, the preva%ling party shall be entitled to court costs and reasonable attorney's fees. 14. City is not obligated to transport any water which is of a quality unacceptable to any Kern River water users below second Point of Measurement, in City's sole discretion. 15, In no event shall City be liable for any damage that may result from City's non-negligent performance of any order or direction to it.' 16. Any notice, billingS, or correspondence required hereunder may be given by mail postage prepaid addressed as follows: Tenneco West, Inc. City of Bakersfield P. O. Box 9380 Water Board Bakersfield, CA 93309 1501 Truxtun Avenue Bakersfield, CA 93301 17. This agreement may not be transferred or assigned by Tenneco to any other party or parties without the prior.written consent of-City. -3- · ~. . ,.IN WITNESS ?~EREOF, the parties hereto have caused this agreement to be executed~ the day and year first above written. CITY OF BAKERSFIELD WATER BOARD By Chairman By Secretary APPROVED AS TO FORM: Ci~y AttOrney CouNTERSIGNED: Finance,.Dire~tor ,- TENNECO I~rEST ~ INC. -4- dAMES GANAL SYSTEM CONSTRUCTION PLANS FOR TENNECO WEST) INC. .~. ' -'~TATE' OF CA[IFORHI& '' ~3. CA~iFORNIA REGIONAL WATER QUALITY CONTROL BOARD CENTRAL VALLEY REGION ~AN JOAQUIN WATERSHED BMNCH OFFI~E~ FR~NO~ CALIFORNIA PHONBI (ZOl) ~l--8111 . 22 ~cembe; 1977 ~01 T~tun Avenue , Ba~rsfteld, ~ 93301 , · ~tlemen: I~ the spring of 1976 Ke~ County Supe~isors established a c~tttee to review well const~ction standards. You were invited to participate ~ the co~ittee at that t~e and recently have been solicited for co~ents on the proposed ordinance. ~ C~nty proposes to adopt an ordinance which, of course~ will not' be effective in the incorporated areas. We now look to the ~corporated cities to adopt the county ordinance' or a comparable one to ~ve a unifo~ approach throughout your area. Please ~fo~ us by 1 Februa~ 1978 of your plus to adopt a s~ilar ord~nce so that we can ~ve ~ifo~ coverage throughout the area. -- If you ~ve any questions about this you ~y contact Nell Nelson or Ve~ Reichard of the Kern County H~lth Department or Bob Wright .in this office. ~bert G. Wright JAN 1 0 S~r Water Resource Control Eng~eer . D~e Oldenburg, ~hontan Regio~l Board . : ~ M E M O R A N D U M ....... z~.h~.u~:~....~.,....~.7..8. .............. TO ............. .1:~ .A..?..~. ~.. ~..0..A....17..: .:[':.'~..._.M..~..~..~.S. ........ : ............... : ........................................................ ~ .......... . .......................... FROM ........ .J...O. ~.?.....~..'..."C'~.. -'~...Z..~ ........................................... : ........... : ....................... : .......... : ........... : ........................... SUBJ ECT~..~A..~.~.~..W..]S..I,,.~...C.Q~.$..'lZ.~U.C.?.:Z.Q.~...Q~.!.~..A~...C.~ ................................... ' ..... [ ............ ~ ............................. This morning I talked tO Mr. J. A. O'Donnell in the Fresno Regional Water .Quality Control Board in regards to their letter addressed to the City Council dated December 22, 1977. Mr. O'Donnell informed me that the water well construction ordinance had been on the agenda of the Kern COunty Board of Supervisors last meeting, but due to the great opposition .it was tabled until their next meeting. The State as %hey say in their letter of December 22, 1977, wants the incorporated areas to adopt the County ordinance or a comparable one. I don"t bel±eve we have any deadlines to worry about. The staff recommendation is that we should wait and see what the disposition of the County ordinance ±s. O. B~O~ JL CA~.FORN~A REGIONAL WATER QUALITY CONTROL BOARD CENTRAL VALLEY REGION lAN JOAQUIN WAT[RIH[D BBNCH O~IC[I PHONEI (JOI) ~I-S[ll · - ~ ~ . ~ ~cem~e~ [977 .' ~0[ ~un Avenue · ''~ Ba~rsfield, ~ 93301 ~tlemen: ~ ~ In the spring of 1976 Kern County Supe~isors established'a c~ittee to review well const~ction standards. You were invited to participate ~ the co~ittee at that t~e and recently have been solicited for co~ents on the proposed ordinance. ~ C~nty proposes to adopt an ordinance which, of course, will not' be effective in the incorporated areas. We now look to the incorporated cities to adopt the county ordinance or a comparable one to ~ve a unifo~ approach throughout your area. Please ~fo~ Us by 1 Februa~' 1978 of your plus to adopt a s~ilar ordi~nce' so that we cam ~ve ~ifo~ coverage throughout the area. If you have ~y questions about t~ you ~y contact N~il Nelson or Ve~ Retchard of the Ke~ County H~lth Department or Bob Wrtgh~ this office. ~bert G. Wright 'JAN 1 0 1978 S~tor Water Resource Control Engineer ~: Jo~ W~son, United Su~ey & Eng~eering ~~ ~ ~A~ ' ~ N~i Nelson, Kern County Health Department Dave Oldenburg, ~hontan Regio~l Board .;~ ~ A G E N D A ; ~-'-. -' BOARD OF SUPERVISORS- COUNTY OF KER ~ ~ Monday, January 23, 1978 JAN 2 0 2:00 P.M. CITy MA,'qAGER,S OFFICE BOARD TO R~CO~ RO~ C~: Superfluous: ~c~e~C, ~e~, ~ou~g, ~e~, ~1~cbell (~ee ~e~ ~cbe~) - R~CO~ ~S ~0~ OY 2) ~R~S~~O~: ~epo~ o~ tmp~c~ o~ ~ pe~o~el mo~1~ ~be ~1 ~e~po~ Ce~e~ ~e, ~ ~eque~ ~o~ ~o~ 1mp~c~ ~l~ce ~b~ou~ ~be ~ep~me~ o~ ~e~e~e, O~1ce r~ HEARINGS: 3) Amendment Zoning Map #81-35, Zone Change Case #4, Adele Raymond, North side of James Rd., north of intersection of James Rd. & Petrol Rd., Oildale; Applicant requests R-S to M-~; Planning Comsn. recommends R-S to M-1 (0ildale News) 4) Amendment Zoning Map #213, Zone Change Case #10, Joseph Stello, northeasterly corner of Backus Rd. & Kemper Rd., Mojave area; Applicant requests & Plan. Comsn. recommends E-5 R-S to E-5 R-S T (MoJave Desert News) 5) Amendment Zoning Map #213, Zone Change Case ~, William W. Trostel, west side of Old Sierra Hwy., approximately 3~ miles south of ~ MoJave; Applicant requests & Plan. Comsn. recommends E-6 R-S to E-5 R-S T (Mojave Desert News) 6) Amendment Zoning Map #123, zone Change Case #lB, John A. Mueller et al; East of 01d River Rd. on north side of Taft Hwy., Panama area; Applicant requests & Plan. Comsn. recommends A to C-2 P-D (No Agric. Pres. Hearing required) (Bakersfield Californian) 7) A~peal of Joan Hayes from decision of BZA, Appeal Case #2, Map # 3-12, CUP Case #4 (James R. Guenther, Cliff Hewitt, Agent applicant) located in Tract 2325 RS, Bodfish (Kern Valley Sun) 8) Appeal of Moreland Engineering, Inc. from decision of Planning Commission re denial of termination of extension of street into parking lot of proposed K-Mart Shopping Center at corner of Monterey & Niles Street, Bakersfield (Bakersfield Californian) 9) Request abandonment, portion ~f Saint Elmo St., Johannesburg. (Daily Independent) 10) Request abandonment, public access easement within Tract 3440, Bear Valley Springs (Tehachapi News) ll) Request abandonment, portion of Imperial St., northwest of Button~ willow (Buttonwillow Times) ~' ' ' ~ ' Monday, January 23, 1978 ~ ~ Page 2 12) Proposed cancellation of Agric. Pres Land Use Contract, Agric. Pres. #3, Map #120, Applicant~ John Pomanini, located south side of Adohr Rd. & east side of Freeborn Rd., approxi- mately 3 miles northwest of Tupman (Buttonwillow Times ) 13) Proposed cancellation of an Agric. Pres. Land Use Contract, Agric. Pres. #6, MaP #55, Applicant: Wasco Public Utilities District; located ½ mile south of State Hwy. 46, ½ mile west of Western Ave., & 2½ miles west of Wasco (Wasco News) 14) CONTINUED HEARING: Amendment Zoning Map #71-11, Zone Change 'CAse #1, John W. Lamb, southeast corner Gateway Blvd., & Bowman Rd., Ridgecrest; Applicant reguests E-7 R-S 7 E-6 R-S to E-5 R-S; Planning Comsn. disapproved (continued from 12/19/77) City-'of Bakersfield TRANSMITTAL-SLIP~- D~te ........ ...-.~....~.../..~_'.....7...f~ ............. From For Your:-- [] Signature [] Action [] Information !-I File Please:-- [] Return [] See Me [] Follow Up [] Prepare Answer Copy to: ...................................................................................................... 7£ ....... ADJOURN County Sanitation Districts - January 23, 1978 FORD CITY - TAFT HEIGHTS Contract for Taft Sewer Treatment Plant Improvements - APPROVE; CHAIRMAN TO SIGN ADJOURN AGENDA BOARD OF SUPERVISORS - COUNTY OF KERN AGENDA CLOSING TIME - WEDNESDAY - 5:00 P.M. Tuesday, January 2~, 1977 10:O0 A.M. BOARD TO CONVENE ROLL CALL: Supervisors: Tac~ett, Head, Young, Harvey, Mitchell SALUTE TO FLAG - PERSONNEL 1) Renewal of cost Service Contract Agreement between the California Stat~ Personnel Board and the County of Kern - APPROVE 2) Recommended name for consideration by Board for appointment to Affirmative Action Advisory Committee representing handicapped - APPROVE PUBLIC ~EQUESTS · Presentation of gift in trust to establish Centennial Celebrations Trust Fund by Mrs. Sibyl M. Koontz - Request for encroachment permit for Tract 3806, located on NE corner of Olive Dr. and Coffee Rd. (Curt Carter) 5) Letter from State Department of Veterans Affairs concerning 1977-78 County Veteran Service Office Allocation (County of Kern's amount not to exceed $57,899.00) - APPROVE; CHAIRMAN TO SIGN (Copy furnished Veterans Services) 6) Letter of resignation from Lilian Edmonds as Member of the Bakersfield 2000 Committee - ACCEPT RESIGNATION 7) Request for reappointments of Albert H. Holloway and Elgin Moore as Board Members of the Wasco Recreation and Parks District - 8) Kern County Bar Association request that Kenneth Bates and Richard Hitchcock be reappointed to the Kern County Library Board of Trustees - 9) Kern County Safety Coumcil's request for consideration~during 1978-79 budget hearing in the amount of $7,500.00 - 10) Kern County Veterans Employment Committee's request for Todd Madigan to be appointed as their representative on the Citizens Advisory Council to the CE~A Prime Sponsor's Blanning Council - STAFF RECOMMENDATIONS IN CAPS Page 2 · · ' I/2 /T8 ll) TehachaR& Public Cemetery District's request to enroll employees in the Kern County employees dental plan - DEPARTMENT REQUESTS FIRE 12) Re-establish membership in the International Association of Fire Chiefs - APPROVE HEALTH 13) Request for release from accountability for Crippled Children Services Payment Account (CCS Budget 5410) - APPROVE RELEASE FROM ACCOUNTABILITY KERN COUNTY COMMISSION ON AGING 14) Request for support in principle of the establishment of a nursing home ombudsman~program in Kern County - ADOPT RECOMMENDA- TION KERN MEDICAL CENTER 15) Appointment to Medical Staff - APPROVE 16) Executive Summary, Patient Care Audits - APPROVE; CHAIRMAN TO SIGN IT) Compromise Officer - APPROVE 18) Emergency Electrical Power Needs - DIRECT PUBLIC WORKS TO SELECT ELECTRICAL ENGINEER AND PREPARE AGREEMENT 19) Amendments to the Medical Staff Bylaws - APPROVE; CHAIRMAN TO SIGN 20) Proposed Renewal Agreement for Employment, Ramon H. Neufeld, M~D. - APPROVE; CHAIRMAN TO SIGN 21) Proposed Renewal Agreement for Employment, William A. Wilbur, M.D. - APPROVE; CHAIRMAN TO SIGN 22) Application for Grant-In-Aid, California Heart Association - APPROVE; AUTHORIZE HOSPITAL A~MINISTRATOR TO SIGN APPLICATION KERN WIIDLIFE RESOURCES COMMISSION 23) Request for $1,125.00 from Kern County Fish & Game Protective Association for contract~with bird raiser - APPROVE AND AUTHORIZE PAYMENT BY WHITE CLAIM STAFF RECOMMENDATIONS IN CAPS Page 3 · · ' 1/2 /TS PARKS AND RECREATION 24) Request for replacement of light poles at the La.mont Park ballfleld - APPROVE; REFER TO PUBLIC WORKS TO PREPARE PLANS AND SPEC TAX COLLECTOR 25) Report on Tax Deeded Land Sale of January 13, which netted $295,000 for the County - FILE PROPERTY MANAGEMENT 26) Agricultural Lease with Nelson Brother, Kern Delta Park - AUTHORIZE CLERK TO ADVERTISE NOTICE OF INTENT TO LEASE 27) Amendment to Lease Agreement, Mt. Mesa Welfare Office - AUTHORIZE PROPERTY MANAGEMENT TO NEGOTIATE AMEndMENT TO LEASE 28) Realignment of Bridle Trail and Road Abandonment, Art Easton - REFER TO PLANNING TO INITIATE ABANDONMENT 29) Relocation of portion of Bridle Trail, Ed Mainus Grants of Easement - ACCEPT GRANTS; AUTHORIZE CLERK TO HAVE RECORDED 11:00 A.M. BID OPENINGS: 30) Standard Park Irrigation Booster Pump, Kern County (0ildale News) A) Open Bids - REFER TO PUBLIC WORKS FOR RECOMMENDATION 31) Metro Recreation Center, Replace Pump, Kern County (Bakersfield Californian) A) Open Bids - REFER TO PUBLIC WORKS FOR RECOMMENDATION PUBLIC WORKS~ COUNTY SURVEYOR & BUILDING INSPECTION 32) Low bid of Arrow Construction Co. in amount of $20,833.50 for Mojave Civic Center Parking Lot Extension (S.D.#2) - ACCEPT LOW BID; AUTHORIZE P/W TO PREPARE CONTRACT DOCUMENTS 33) Low bid of Alcorn Fence Co. in amount of $16,805.25 for Buena Vista 'Golf Course Chain Link Fence (S.D.#4) - ACCEPT LOW BID; AUTHORIZE P/W TO PREPARE CONT~CT DOCUMENTS 34) Contract & Contract Requisition with Granite Construction Co. in amount of $79,299 for Parking Lot Blacktop; Civic Center (s.D.#5) - ^PPROW; TO S GN STAFF RECOMMENDATIONS IN CAPS Page 35) Resolution of Application to LAFC0 for Annexation #l to County Service Area No. 23 (S.D.#4) - APPROVE; ADOPT RESOLUTION; AUTHORIZE CLERK TO PROVIDE COPIES & P/W TO FILE DOCUMENTS WITH LAFC0 36) Construction at Meadows Field, Extend Skyway Drive (S.D.#3) Plans & Specifications - APPROVE; CHAIRMAN TO SIGN Notice to Contractors - PUBLISH (Suggested bid opening date: Tues. Feb. 21, 1975, 11 A.M.) 37) McFarland-Delano Sanitary Landfill, Five-Year Operating Agree- ment (S.D.#1)(Held over from 1/17/78) - RESCIND AWARD OF NOV. l, 1977; AWARD TO SECOND LOW BIDDER, LENARD GREEN; AUTHORIZE P/W TO PREPARE CONTRACT DOCUMENTS 38) Southgate Drainage System, Addition of Subcontractor, Contract No. C-2299 ('S.D.#5) - APPROVE 39) Final Quantity Summary-& Notice of Completion: Poso Airport, Reconstruct Runway (Deduct $5,584.77)(S.D.#1) - APPROVE; CHAIRMA~ TO SIGN FINAL SUMMARY; ACCEPT PROJECT; AUTHORIZE P/W TO FILE NOTICE OF COMPLETION 40) Change Order #l, East Bakersfield Drain, Phase II (Deduct' $13,394)(S.D.#3) - APPROVE; CHAIRMAN TO SIGN Change Order #l, Sheriff's Crime Lab (Add $4,281.45)(S.D.#5) - APPROVE; CHAIR~,¢kN TO SIGN Change Order No. 2, Lamont Community Bldg. (Add $9,683.)(S.D.#2) - APPROVE; CHAIRMAN TO SIGN Change Order No. 1, Ridgecrest Branch Library (Add $642.50) (S.D.#1) - APPROVE; CHAIRMAN TO SIGN Change Order #5, East Bakersfield Drain,-Pioneer Park-Phase I, (Add $3,535.55)(S.D.#3) - APPROVE; CHAIRMAN TO SIGN 45) Change Order #1 & Notice of Completion; Frazier Mtn. Park Recreational Slab (Extension of Time) (S.D.#4) - APPROVE; CHAIRMAN TO SIGN CHANGE ORDER; ACCEPT PROJECT; AUTHORIZE P/W TO FILE NOTICE OF COMPLETION' 46) Change Order #2, Ridgecrest Fire Station (Add $2,4-50.02) (S.D.#I) - APPROVE; CHAIRMAN TO SIGN 47) Arvin Sanitary Landfill, Annual Compensation Adjustment (S.D.#2) - RECEIVE & FILE 48) Schematic Design Phase-Wasco Fire Station (S.D.#4.) - APPROVE; CHAIRMAN TO SIGN; P/W TO NOTIFY ARCHITECTS TO PROCEED WITH DESIGN DEVELOPMENT PHASE RECESS TO 2:00 O'CLOCK P.M. ~ STAFF RECOMMENDATIONS IN CAPS . . ~ Page 5- 1/24/78 2:00 P.M. BOARD TO RECONVENE ROLL CALL: Supervisors: TacKett, Head, Young, Harvey, Mitchell BID OPENINGS: 49) A.C. on Various Streets & Alleys in N.W. Bakersfield (S.D. #1, #3, #4) (BaKersfield Californian) A) Opening of Bids - REFER TO P/W FOR RECOMMENDATION 50) Construction on Snow Road at Eastside Canal (BaKersfield Californian) A) Opening of Bids - REFER TO P/W FOR RECOMMENDATION PLANNING DEPARTMENT Streets: District 3: 51) Proposed additional dedication to McCray Street, 0ildale; Planning Director recommends approval - APPROVE; REFER TO ROAD COMMISSIONER FOR ACQUISITION AT NO COST TO COUNTY Zoning: District 1: 52) Amendment Zoning Map #17-33, Zone Change Case ~6, Charles' E. Hawes, North side of Burlando Road, Wofford Heights; Applicant requests and Planning Commission recommends R-F T to E-1 T - ADOPT RESOLUTION SETTING HEARING District 2 53) Amendment Zoning Map #143, Zone Change Case #4, Board of Supervisors initiated, South side of Panama Road, westerly of Fairfax Road, Applicant requests and Planning Commission recommends R-2 to A-2 T - ADOPT RESOLUTION SETTING HEARING 54) Amendment Zoning Map ~233, Zone Change Case ~2, Eyherabide Sheep Company, West of 170th St. W. and South of Los Angeles Aqueduct, Rosamond area; Applicant requests and Planning Commission recommends E-5 to R-S to A - ADOPT RESOLUTION SETTING HEARING;. NO AG PRESERVE HEARING REQUIRED 55) Amendment Zoning Map #165-14, Zone Change Case #1 and Amendment Zoning Map #165-11, Zone Change Case ~2, James S. Butler, 21300 White Pine Drive, Golden Hills, Tehachapi area; Applicant requests and Planning Commission recommends A-1 to M-P - ADOPT RESOLUTION SETTING HEARING District 4: 56) Amendment Zoning Map #102-30, Zone Change Case #6, Billy Mundy, 10917 Rosedale Highway, Greenacres; Applicant requests E-4 R-S to M-l; Planning Commission recommends disapproval APPEAL RECEIVED; ADOPT RESOLUTION SETTING HEARING STAFF RECOMMENDATIONS IN CAPS ' ' ' Page 6 , 1/2~/78 HIGHWAYS AND BRIDGES District l: 57) Excess Right-of-Way on LaKe Isabella Blvd. and Kernville Rd. - APPROVE; REFER TO PLANNING DEPT. & COUNTY SURVEYOR FOR DISPOSAL District 4: 58) Right-of-Way for Copus Road, FAS Project - ADOPT RESOLUTION; CHAIRMAN TO SIGN CERTIFICATION 59) Report on flooding on KecXs Road - RECOMMEND NO CHANGES; RECEIVE & FILE 60) Offer of Dedication for ?th Street, Wasco - APPROVE OFFER; ORDER IT RECORDED All Districts: 61) Apportionment of Funds under Federal Safer Off System Roads - ADOPT APPORTIONMENT RESOLUTION ADMINISTRATIVE OFFICE 62) Report of Actions re SB 90.(1977 Legislature) - RECEIVE & FILE COUNTY COUNSEL 63) Resolution giving notice of intention to abandon a portion'of 40th Street West, Rosamond (S.D. ~2) - 64) Resolution setting date for hearing on proposal for formation of Shafter Recreation and ParX District - 65) Proposed resolution accepting gift from Sibyl M. Koontz and establishing "Centennial Celebrations Trust Funds" - 66) Proposed resolution establishing guidelines for relief from delinquent property tax pensalties - ~ Proposed State legislation to repeal Section 7.3 of the Kern~county Water Agency Act - 68) Proposed resolution establistning regulations for certification of employee's competence to continue employment beyond the mandatory retirement age- STAFF RECOMMENDATIONS IN CAPS ~ · Page 7 1/ /78 69) Budget Transfers - APPROVE 70) Assessment Corrections - SET FOR HEARING 71) Travel Requests (out-of-state) - APPROVE 72) Paid Overtime/Holiday Requests - APPROVE 73) Travel Expense Claims - APPROVE; CHAIRMAN TO SIGN; AUDITOR TO PAY 74) License & Concession Agreements - APPROVE; CHAIRMAN TO SIGN 75) Minutes & Statement of Minutes for weex of January 17, 1978 - APPROVE & ORDER STATEMENT PUBLISHED IN THE DAILY MIDWAY DRILLER 76) Miscellaneous letters & documents - FILE ADJOURN TO MONDAY, JANUARY 30, 1978, 2:00 P.M. STAFF RECOMMENDATIONS IN CAPS SU!~W~.RY OF KERN COUNTY WATER AGENCY BUDGETS 1977-78 FISCAL YEAR Services and Other Fixed Salaries pupplies Charges Assets Total Kern County Water Agency Fund $524,501 $ 971,129 $ $ 81,130 $34,276,245 State Contract Payment Fund 16,069,070 Supplemental Water Fund 579,600 Zone of Benefit #1 2,600,000 Zone of Benefit #3 4,000 Zone of Benefit #5 46,400 Zone of Benefit #7 905,100 Zone of Benefit #10 53,100 Zone of Benefit #12 289,000 Improvement District #1 . . 2,025 24,115 Improvement District #3 25 20,375 Improvement District #4 2,156,789 2~842,400 5,119,290 Cross Valley Canal Operation 276,696 1,711,500 524,501 $23,952,934 $4,553,900 $5,244,910 $34,276,245. - KERN CO T¥ App. § 99-7.3 ~ Ju(l[cla! District; thence South aimed said District boundary and along Section ~em ~lvcr to lines to the Southeast corner of Section 31. Town~hlp 29 South, Range 30 Eflnt, line of gith MDIIAM; Ihence confirming Easterly, Southerly and Westerly along the various tn the 0fl~ce ~ur~,s and distan~s of the external bounda~7 line of said ~h li~e ami The directors first electe~l)alt,<~slfy themselves hy lot so that thr~ ~Townshlp 29 shall hohl office unti~hel'e ducccsso~ take olllce followln~ tbcir~e~c~the_/ hip ~0Soutb, Ex~ptl~ the dirc~[~' lirs~elcctofl, ~:teq dirdeto~al~ll~'~'ted at the a~eney :ndarr of the elcetlonZnd serve a~er:~l 6~ .fo~ff y~:trs~ E~[date for director at the taries of ~ald agency $1ectlon shall ~'e~re~ c:mdid:t~:~-~l'~'hall be nominated, eleetlon returns shall ~eanvasscd, the electio~' hehl and conducted, lhe results shall he d~lnm~~i~' of ek~tto shall Ix~ Issued, in the s~le manner as the declaration o~ candidacy, nominatic election, canvassing of returns, deelara- lion of results, and issuing of'~rtifiea:es of election for county supervisors are ~rn contained made, declared, hehl and conducted, n :d issued, so far as consistent with the ariet as smd provisions of this act. Each of the sex'(: candidates for director who receives the ~ said date In highest numl~r of votes within bis divi~ on at the agency election shall ~ elected, he Ordinance and shall take office at the same time l}r~ vided by the Government Code for county ~1~ Is more' All vaea~elc.; occurring in the o~ce (~r [trotter, h~cludlng the ;ailuro' of a person ~, R~go 30 eh~ted to qualify, shall bo filled by app intment by the remaining directors of a ~field Judicial ~r~n who is eligible to be elected for t xe vacancy. (Stats.1OG1, c. 1~3, D. 26~q, ' ~nes to the [ Y.l, urgency, elf. July 6, 1961, as amende( $~a~.10~, ~ ~8, P. 1077, I 1.) s~ 5IDB&M; ~t quarter of [ 9~.2 Organization of boar~; ordlnar ~es; quorum; rules; public meetings e~ along the S~. 7.2, Within 30 ~ays after the elect ~n prescribed tn Section 7 and thereafter comer of the within 30 days after those who are elected thc succeeding elections take office, the :of S~lon ~0 directors shall meet and organize as a board : a~ording to ~he ~ard shall: mtv ll~order (a) Elect one of its ~nembers president; h l~e of 31th ~) I rowde for the t~me and place of holding its re~lar meeting; and - ~irer; thence (e) Provide for the manner of calling special meetings. The board shall act unit Wt~ line of by ordinance, resolution or motion and the ~nacting clause of all ordinances passed ~e boundary by the lmard shall be: ~eld Jmlieial "lie It ordained by the Board of Directo.~ of tim Kern County Water Agency as ocr of Sect ion follows:". ~ mg westerly. All ordinances shall be sioned by the p~esldent and attested b~ the'secretary, the exter, al shall I~ adopted, recorded and pnbhsbed ~n~tbe same manner, except as herein oth- ~ginMng. e~-ise expressly provided, as are ordinandes of the county. A major~ty of the board shall constitute a quorum for [~xaetion of business, and the board mar transact any bus~ness of the ageney~t it~ o~gamzatmn meeting. The ~ard shall establish rules for its~r{c~6dings and all legislative sessions of em ~ntalncd the board shall ~ pnbli~ (Stats.1961, ~ ~ p. 2666, ~ 7.2, urgency, eft. July 6, ~iet as said l~l.) . oB sald date 1~) cf the ~ 9~7.3 Necessity of board approval; public hearings ~al district ts ~. 7.3. Unless previously approved by the board of supervisors, no tax or i segment shall bo levied hereunder, no zone of benefit shall bo created lmrsuant to i~, Range ~S S~tlon 1-t.2 hereof, no proceedings in eminent domain slmll be commenced, no con- ~ ~ine of the tract with _tbe~gt.~t~-o- ...... -,~,o,. ~ -kknitcd ~.,.~,~e .~,..~. ~....,,.:.C~:.r.~r.-~,a "'t..ll.- '~ ,hall [}C ~'"~'"':*'~ 1 ' North alo:x~ to the ~oters or ~xeeutef, no expenditure of' funds unless previously approved ff S~tion 2", In the form (ff a budget by the board of supervisors slmll be made, anti no proposal Be South lil:e to authorize thc issllal/~ of bonds shall be submitted to the electorate. Tim board ~east quart,'r of snlwrVlsors may, in connection with any of the foregoing, comlnct public hearings. ncr of Fcc/i,m such bearings shall be declared by a resolution specifying the purpose and the .along St, ellen day, hour, anti place where all interested persons may appear and be heard. ange ~ l.:a~t, This resolution Mmll be published tn thc agency pursuant to Section GOG3 of the ~e Bakersih'Id Covertmont ~tle in a newspaper of general circnlailon In ti~e n~eney. hearl,;: may l:e :,Ii,turned fro:n time h} ti:ne at lhe discretlcm of the b,)ard 8ulwrvisors mid at ils emlchlMou the l)o:trd er ~'Ul~crvi.-ors shall duel:Ire dc~lslon. (Stats. 19GL e. lt<~:l, p. 2G67, ~ 7.3, tiegem'y, elf. Jul2 6, 1961.) JAN 2 0 t978 Cl~ MANA~ER~S the fora, of a bu}l~e~'b~ the b~ Such heating'shall be dela~ b~~~e.day, I hour, and pi:lee whe~ all inte~~ ~is resolu- I / tion sl~ ~lish~t in the a~~~mment .dJourn~l from t~me to'timeat~~rvisors uno ~ 99-4L tCmployment of county snrveyor and county counsel; compensation;, county o~cers and employees =s officers and employees of a§,~ncy Sec. 8. If the county surveyor is. a registered civil engineer and is employed to supervise the engineering work of the agency, the board may provide compen. sation for his services in addition to his salary as county surveyor which shall be l)ayable from the funds of the agency. '2he board may employ the count~ counsel as the attorney for the agency and may provide compensation for his services in addition to his salary as county counsel which shall be payable from the funds 0£ the agency. Alt other o~Iicers of the county, and their assistant% deputies, clerks, and employees, shall be_ ex officio officers, assistants, deputies, clerks and employees respectively oi~ the agency, and shall perform, unless oth- ex-wise provided by the board, the same duties for the agency as performed for '" the county. (Stats.1961, e. 1003, p. 2667, § 8, urgency, eft. 3uly 6, 1961.) '". · Act (Chapter 1003 of the Statutes of 1961) is repealed._~/ SEC. 4. Section 8' of the Kern County Water Agency Act (Cha. pter 1003 of the Statutes of 1961) is repealed. - 2 - cov,s?Y App. § 99-7.3 ~ , 3udlclal District; thence South along said District ~undn~ and along Section ~ o~ 7, Rh MDIk~M; thence continuing Easterly. Sontherly and Westerly alon~ the various the (hlSce ~ur~,a and tlistan~s o2 the external bounda~ line of said District ~ line ami The O~rcc:,rs first c~cctcd ~baii,~lfy them~ch'es ny lot ~o that thre~ ~,[~f~ i slong Ihe ~s~rs take~cc foll0w~b~ their clccti~n0~ the}scom,I sua~$,tiI,';~ency electron. ' ~,, l.;~ptl~ the diree~r~' firsg, ctcetvd,~ac~ dit-~cto~:tl~e~!Obtcd at the a=ency ~ary of lhe el,.eHon~nd serve a~br~,~ ~?o~ y}ars~ ]C~c~date for director at the ri~of ~:dd ~gene~ (lceHon shall~'c~rc~s candidac :.~l*~hn]l be nominated, election rchmm ~haH ~canvasscd, the eb'cHcn-~[ hchl and conducted, the results shall be 8~lnrcd.~~i~te~' of elt~tio shall I~ Issued. in the s~m manner as the deelarnHon' o~ candidacy, nominatk elecHon, canvassing of returns, declara- tion of rcsuRs, and issuing or ~rtificn es or cleo:ion for counly supurvisors nrc .,~ntained made, declared, hchl lind conducted, n ,d issued, so far as' consisteut with lite tt as said Drovlslons of thi~ act. Each of the sevt :~ candidates for director who receives the l~d date In highest numl~r of votes within his dirts on at the agency election shall 1~ elected, Or6inanee anti shall take office at the same time pr4vided i,y the Government Code for county All .vnennck. s 0centring in the o~ce or~llreetor, Including the failure of a person ~.R~go 30 ehg. led to qualify, shall bo filled by app{intment by the remaining directors of a M ~udieial ~n who ts eligible to 1~ elected for q,e varney. (Stats.19gl. ¢. 1~3, p. ~ ~o ~l~e ~ ~.1, urgency, eft. July fi, 19~1, as amendeqSm~.lP~, ~ ~S, p. 1077, ~ 1.) ~u~ter o~ ,-. I 9~7.2 Organization of board; ordinances;, quorum; rules; p~bllc meetings along the ~. T.2. Within 30 days after the clectibn prescribed In Section 7 and thereafter  er of the within 30 days after those who are elected &t the succeeding elections take office, the ~fon 20 ~lrectors Hm]l meet and organize as a boar~ tootling ~o ~he ~ard shall: ' ~ rll~order ':- - (a) Elect one of its members president; / ... ne of 3-1th ~) Provide for the time and place of hold/ag its re,laC meeting; and r; then~ (e) Provide for the manner o~ callin~ special meetings. The ~ard shall act only ~ line of by ordinance, resolution or motion ann the ~nacting clause of all ordinances passed ~undary b~ the l~ard shall be: ~ JudiciM ~Re It ordained Dy the Board of Directo. of the Kern Count~ Water Agency as ~ S~etion , follows:". ~Westerly. All ordinances shall be si~ed by the p~esideut and attested by the secreta~, ~ extenml ~hall I¢ adopted, recorded and published in :the same mannen except as herein oth- ~ e~'lse expressly provided, as are ordinanqes of the county. A majority of the Yhe ~ard shall establish rulos for its~rqcehdin=s and all legislative sos~fo~g o~ ' .. .X%g' . } ' 7.2, ~ntaln~d the l~ar4 shall ~ publ. tm (Stats 1~¢1, ¢ urgency, sam date 91 ef lhe ~ 9~7.3 Necessity o1 board approval; public hearings ~ict Is ~. ~. Unless' previously approved by tho bo~rd of supervisors, ~o tax or as- ,e~ment shall be levied hereunder, no zone of l~enefit shall be created pursuant to ~ge 2S $~[10n 14.2 hereof, no proceed ngs in emiuent domain sttall De commenced, no con. ~h alo:;:~ ? to the voters or executed, no eXl~onditure of funds unless previously nlq~roved ~tlon ~o. la lbo form of a budget by the board of supervisors shall ho made. and no proposal ;oath line lo authorize the isstt;tn~ of bonds shall be sulm]it~ed to the electorate. The board ;t quarter of supervisors may, in-connection wi(h any of the toregoinz, conduct' public hearings. )f ~cction ~m'h hearings ~hall be declared by n resolution speeifyin~ the purpose naa the ~ S¢ctiou ,lay. hour. and place where all interested persons may appear and be heard. ~ Ei,~I. This resolution ~hall be published la the agency pursuant to Section ¢0~3 of the ~ersficld ~overvmont ~tle ~n a newsp~r of general clrculatl.~n In tim n~e,,cy. ]learl~t;g nl3y l'e ml.hmrned from time h) ti:ue at tile .discroHon..of' The l,,mrd ~u~rvisors mid at il~ c. llchls/olt the board cf ~'ul,crvi>ora shall declare d~lslon. (Stats. 19tH, c. lt~l;;, p. 2~;t;7, } 7.3, urgency, eft. July 6, 1~1.) JAN 2 0 1978 § 0o~-7.3· Necessity' o! board approval; public hearing, - - ..... .:' - ' -'-"~; '" : Sec'. 7.3. Unie~a pre~ousiy approved by the board of supervi.~'s,'no ta~:"~r'as- sessment shall be levied' hereunder, no zone of benefit shall be created pursuant to gectlou 1-1.2 her~f, and no expenditure of funds unless previously approved in 'the form of a budget by the board of su~er+Iso~ shall be'made. The board of su~rvisors ~nay, in conn~tion with any o[ the foreL~ing, condud: pt{blic 'hearings. gueh hearin~ shall be d~la~ by :t resolution s~itying the pnrl~se and the-day, hoar, ami place whe~ all inte~st~l persnns may appear and be hear(I.- '1'his.resolu- tion shall ~: pubHsh~l in the agency pursuan~ to S~'tion ~3 of the. Government . C~e In a'newsps~r of 'general circulation in the agency. ~'he hearing may' ~ adJot~rn~l from time to time'at the dise~tion o~ th~ ~ard of supervisors and at l~ conclnsio~ the ~ard of SUlmrviso~ shall d~lare l~s d~ision,-' ' " Amended b~ ~tflts.1972, e. ~, p. ]479, ~ 2, urgency, afr.'Aug. 1I~ 1972.) . '- ..... . .:. ,-. ..~ : .-..... ~ t99-8. Employment of county surveyor and county,counsel; compensation; couuiy officers a~d employees As o,~, cars =nd employees of agency ~ee. & If the county surveyor is.a ~e~iste~ed civit engineer and is employed to ~upervise the engineering worl.: of the agency, the board may provide compen- ~ztion for his services in addition to his salary as county surveyor which shall be payable from the funds of the .ngenc.~: ~I'he board may employ the count-y counsel as the attorney for the ngcncy and may provide compensation for his" ~errices in addition to his salary as coun .ty counsel which shall be payable from ~he funtl, s of the agency. Alt other officers of the county, and their assistant-a, ~leputies, clerks, and employees, si,all be_ ex officio officers, assistants, deputies, clerks anti employees respectively of the agency, and shall perform, unless otb- '... erwise provided by the board, the same duties for the agency as performed for the county. (SLats.1001, c. 3003, p..°667, ~ S, urgency, elf. July 6, 19Gl.) · ' . '. ~ _ SEC. 3. Secti6~-7.3 of the Kern County Water A~ · Act (Chapter 1003 of the Statutes of 1961) is repealed.~_~ SEC. 4. Section 8· of the Kern County Water Agency Act (Cha. pter 1003 of the Statutes of 1961) is repealed.