HomeMy WebLinkAbout11/05/80 A G 'E N D A
~ 'WA'f'ER BOARD - CITY OF BAKEP, SFIELD
× ~EDN~.SDAY, NOVEMBER 5, 1980
4:00 P .M.
Call meeting to order
Roll (;all- Board Members: Barton, Chairman; Payne, Ratty, Bergen
Oberholzer
1. Approve minutes of regular meeting of October 1, 1980.
2. Schedul.ed Public Statements
3. Correspondence
Incoming:
a} Letter from J. Norman Dawe, Presidenh of Board
of Directors Kern-Tulare Water District, dated
Sente~r~er 29, 1980, regardinq Kern ~3!ta !979
SI, stems improvement Project.
Contract with Noruh Kern Water S~orac~ District as le:~d
to ~articiu~,. . ~.. ...... ...... [n 1980-81 Cloud Seeding ~rogram. - F'~R.,,:~_. BOAR2,
C 'BNS i DE ~T ION'.
5. Author'~za ti. on ~-" ' ' ' -
~,.. c. articApate w~th Kern River in~erests t'c
..... : .a ......... h~'~ cansulhan~ to revie~.~ and assess the
~r~ssures and activities on Keru River basin anove ~,
'~ ..... ,_-,. ip "',,
~=~:~ervoi',- CJ~'''~ partic ation not to exceed ~" 000 00 -
~ ~,.~<D ACTION.
6 Invoice ,-~c~i.,,';~d f}~m~.'~-"~~ Association of Ke~ County for
memb=rshiD '~ = does _ ~ ·
....... . , ,:~euF_. not recor~en~ fusther sart~;~.~eic'n~,_-.,=~ .... .,, - -
FOR BOARD ACTION.
7. Staff Ce[sments
8 Beard
AGENDA
WATER BOARD - CITY OF BAKERSFIELD
WEDNESDAY, NOVEM~BER 5, 1980
4:00 P.M.
Call meeting to order
Roll Call- Board Members: Barton, Chairman; Payne, Ratty, Bergen
Oberhol zer
1. Approve minutes of regular meeting of October !, 1980.
2. Scheduled Public Statements
3. Correspondence
Incoming:
a) Letter from J. 'NozTaan Dawe, President of Board
of Directors Kern-Tula~e Water District, dated
September 29, !c~80, regarding Kern Delta 1979
Systems Im~rovem~'n'c Fro'_"~ect.
4.. Contract with North Kern I~a~.=z Storage District as lead agency
to participate in 1980-8]. C!~:.,d Seeding Program. - FOR BOARD
CONSIDERATION.
5. Authorization to part
z ...... p,=t_ w..i Kern River interests t¢) retain
environmental consultant .... to re~.~e;,/, and ~s,,,..~,.~ the environmental
pressures and activities on Kerr River basin above Isabella
Reservoir. City's participatior~ not 'to exceed $3,000.00. - FOR
BOARD ACTION.
6., Invoice received fromWater Assoc~.ation of Ka;rn County for 1981
membership. Staff does not reco'mmend further participation. -
FOR BOARD ACTION.
7. Staff Continents
8, Board Connnen ts
MINUTES
WATER BOARD - CITY OF BAKERSFIELD
WEDNESDAY, OCTOBER 1, 19'80
4:00 P.M.
The meeting was called to order by Chairman Barton in the City
Hall Caucus Room.
The secretary called the roll as follows:
Present: Barton, Payne, Ratty, Oberholzer
Absent: Bergen
Others Present: Melvin Jans, Vice-President, Tenneco West, Inc.
Gayle Schontzler, The Bakersfield Californian
Chuck Tolfree, Manager Tenneco Realty Deve.lop-
ment
The minutes from the regular meeting of September 3, 1980, were
approved as presented.
Communication from David A. Head, Supervisor Second District,
dated August 22, 1980, regarding the coordination of a pro-
water organization, addressed to Chairman Barton was presented
to the board. After a brief discussion Mr. Ratty made a motion
that the letter be received and placed on file. The motion was
passed.
At this time a recommendation was made to the board for considera-
tion on obtaining a consultant for the Preliminary Kern River Open
Space Land Use Plan. At this time Water Manager Chafin asked
Dale Hawley, Pub].ic Works Director to presen~ the Plan. Mr.
ll~.lw].ey :;L,it~d that
(5) flrms and proposals from two (2) firms have been received.
The firm of Lusich, Lusich, Morales & Associates, Inc. has offer-
ed to do the study for the sum of $20,500.00 and the proposal
from the firm of Rickett, Ward & Delmarter who have offered to
do the work for the sum of $23,500.00. A staff committee from
the Public Works Department, the Development Services Department
and the Department of Water have reviewed these two (2) proposals,
and based upon an understanding of the work to be done and, also,
the experience and qualifications of the staff available, the work
load of the two firms, it is the staff's recommendation that the
firm of Rickett, Ward & Delmarter be selected to prepare the land
use plan. Mr. Hawley stated that their fee is slightly higher,
however, they will be doing a more thorough hydro-geologic
analysis on the two (2) parcels that are in question in the
vicinity of Mohawk Street. Also, they have.retained a subcontractor
Bill. Park, who is a Consulting Geologist and Quad Consultants who
are planners and environmental, specialists.
After a lengthy discussion be%ween board and staff, Mr. Ratty
made a motion that the staff's recommendation to use Rickett,
Ward & Delmarter to establish a Kern River Open Space Land Use
Plan be accepted. At this time City Attorney Oberholzer added
the following items as an a~e~mon't to ~b~ mo~.ion:
1) That the staff should approve tile agreement
and it should be reviewed by the City Attorney
before the final agreement is brought back to
the board for approval.
2)' This agreement will state that payment for
each completed task will be made to con-
sultant after the 'task has been approved by
the board.
3) Upon completion copies of the Agreement are
to be submitted to the City Council.
The motion was passed.
~.Staff Comments
Mr. Hawley informed the board that a request had been received
from the Bakersfield Chamber of Commerce for authorization to
include a 3"x 5" insert in the next Domestic Water billing mailer
to residents to promote agriculture in Kern County. Mr.. Ratty
made a motion that the insert be mailed. The motion was'passed.
At this time Domestic Water Superintendent John Hansen presented
for board information only fourteen (14) Mainline Extension
Agreements to the board with Tenneco Realty Development Corp-
oration.
At 4:45 P.M. the meeting Was recessed to Executive Session for
the purpose of discussing possible litigation.
The regular meeting was reconvened at 4:55 P.M.
There being no further business to come before the board, Chair-
man Bamton adjourned the meeting at 4:56 P.M.
James J. Barton, Chairman
City of Bakersfield Water Board
Lind'a Hostmyer, Secretary
City of Bakersfield Water Board
~ KERN-TUL~RE WATER DISTRIr. T
~ Great Western Savings Building
1415 Eighteenth Street, Room 314
Bakersfield, California 93301
Telephone (805) 327-3132
eOARO OF' I'~,IRE:CTOR$ (805) 325'9031
J. NORMAN DAWE. PRESIDENT THOMAg E. ASHLOCK
-~e-.~.-~,~,-,-~,~-~ September 29, 1980
MATT PANDOL, SECRETARY ~F£PH£N £. WALL,
AL HOLLOWAY COUNSEL
VI NCENT .J. ZANINOVICH
Walter E. Peters, Jr.
James J. Barton, Chairman
City of Bakersfield Water Board
1501 Truxtun Avenue
Bakersfield, California 93301
Dear Mr. Barton: Re: Kern Delta 1979 Systems
Improvement Project
The Board of Directors of Kern-Tulare Water District has directed
this reply to your letter to me dated August 13, 1980 and referenced
as above.
In the first place, Kern-Tulare agrees that there is a community of
interest such that the City's water rights must be protected so as
to maximize the amount of water available to Kern-Tulare under its
water purchase contract and that continued cooperation between the
City and Kern-Tulare is essential.
Secondly, however, Kern-Tulare is concerned that the City by said
letter may be advising Kern-Tulare that the City in settling with
Kern Delta may be negotiating away some of the District's
miscellaneous water to which the District is entitled under its
water purchase contract, and in that connection your letter at
least implies that Kern-Tulare's right to miscellaneous water is
of little or no importance and not subject to legal protection.
Quite to the contrary, however, is the view of Kern-Tulare that
the expressed right to miscellaneous water over the life of the
contract constitutes a material part of the consideration for
which Kern-Tulare contracted and makes its pa.vments. In referring
to miscellaneous water, the contract refers to "presently existing
agreements or documents, and it is the position of Kern-Tulare that
any unilateral modification of any of them by the City without the
consent of Kern-Tulare would be legally impermissible, it being
James J. Barton, Chairman
City of Bakersfield Water Board
September 29, 1980
Page 2
the position of Kern-Tulare that any problems created by the
City's subsequent sale to Kern Delta are problems of the City
and not of Kern-Tularet
Very truly you~
/J. NORMAN DA~,~ President
Kern-Tulare Water District
[~ i 'Room 4ll Great Western Building
ATER ASSOCIATION
Bakersfield, California 9.3301
Teleph'one
of Kern County
October 16, 1980
CITY OF BAKERSFIELD
DEPT OF WATER - CITY HALL
4101 Truxtun Avenue Amount enclosed
L_ Bakersfield, California 93301 __J
(Detach and return this ~ortion)
1981 - MEMBERSHIP 860.$O
THANK YOU
September 25, 1980
CITY OF BAKERSFIELD WATER BOARD
1501 Truxtun Avenue
Bakersfield, CA 93301
Gentlemen:
I offer my services as associated legal counsel
to the City in the case of KERN COUNTY WATER A~ENCY
vs. CAWELO WATER DISTRICT, et al., Superior Court Case
No. 168700.
My fees would be $70.00 per hour together with
use of attorney's office (law library) and use of
secretarial services. The paper work in this case is
expected to be rather minimal and should not entail a
very great strain on the office. This arrangement would be
the most economical for the City.
i am well acquainted with the situation and feel
the service rendered by me to the City would be of more
benefit and ].ess expensive than some others because I have
the time to devout to the case, including conferences,
depositions and the like.
Very truly yours,
KENNETH W. HOASL~ND
DOMESTIC WATER ENTERPRISE
Comparative Income Statement
Quarter Ended September 30, i979 and September 30, 1980
Amount Percentage
Increase Increase
(Decrease) (Decrease)
1980 1979 During 1980 During 1980
REVENUES
Domestic Water Sales $435,334 $391,166 $ 44,168 11.3%
Construction Sales (Temporary Service) 3,915 il,447 (7,532) (192.4)
Total Sales 439,249 402,613 36,636 9.1
OPERATING EXPENSES
Field Expenses:
0 & M Charges from Cal Water Service 72,900 56~100 16,800 30.0
.Power for Pumping 102,287 54,787 47,500 86.7
Maintenance 1,234 2,556 (1,322) (52.0
176,421 113,443 62,978 56.0
Administrative Expenses:
Administrative Salaries and
Fringe Benefits 13,130 6,249 6,881 110.1
Charges from Other Departments 1,215 5,466 (4,251) (78.0)
Consulting Engineer Charges 5,164 9,413 (4,249) (45.1)
Insurance Expense 1,840 4,440 (2,600) (58.6)
Pumping & Property Taxes 51,659 45,134 6,525 14.5
Management Fee from Cal Water Service 7,350 6,300 1,050 16.7
l~liscellaneous General & Uncollectible
Accounts. Expenses 10,458 3,606 6,852 190.0
Total Administrative Expenses 90,816 80,608 10,208 12.7
NET OPERATING INCOME BEFORE DEPRECIATION 172,012 208,562 36,550 (17.5)
Depreciation Expense (Est.) 31,250 23,678 7,572 32.0
'NET OPERATING INCOME 140,762 184,884 (44,122) (23.9)
NON-OPERATING ITEMS
Revenue:
Interest Revenue (Est.) 20,000 5,000 - -
NET NON-OPERATING ITEMS 20,000 5,000 15,000 30 Oo
NET II,COME OR (LOSS) $160,762 $189,884 $(29,122) (15.3)%
Prior
CURRENT NUMBER OF SERVICES Year MAINLINE' EXTENSION REFUNDS
Active 6,246 5,708 Refunded Amount $3,651 $1,117
Inactive .112 105
Undeveloped Lots
(Est.) 1,007 400
TOTAL 7,365 6,213
AGREEMENT NO.
THIS AGREEMENT, made and entered into this day of
· 1980, by and between the CITY OF BAKERSFIELD~
California, hereinafter referred to as "CITY" and RICKETT, WARD
AND DELMARTER, hereinafter referred to as "CONSULTANT."
WITNESSETH:
THAT WHEREAS, it is the intention of the CITY to prepare
a reconnaissance-level preliminary plan for land uses within the
open space areas along the Kern River in the metropolitan
Bakersfield area; and
WHEREAS, the CITY recognizes CONSULTANT as qualified to
assist the CITY in development of this reconnaissance-level plan;
and
WHEREAS, CITY now desires to employ CONSULTANT to provide
professional and technical services necessary for development of
such a preliminary plan for land uses in the Kern River open
space areas;
~OW, THEREFORE, in consideration of the mutual covenants,
conditions, promises and agreements herein set forth, CITY and
CONSULTANT hereby mutually covenant and agree as follows:
ARTICLE I
SCOPE OF WORK
The scope of work is generally described as preparation
of a preliminary plan for land uses within open space areas along
the Kern R~.ver in the metropolitan Bakersfield area. Specifics
of the scope of work for this project are set forth in the
proposal from CONSULTANT to the CITY dated September 19, 1980
attached hereto as Exhibit A and made a part hereof as though set
forth herein verbatim.
CITY and its officers and employees shall provide
necessary information to the CONSULTANT as required to perform
the services described herein and in accordance with the afore-
mentioned proposal.
ARTICLE II
COMPENSATION
Compensation for services under Article I shall consist
of a flat fee to be paid by the CITY to CONSULTANT in the amount
of Twenty-Three Thousand Five Hundred Dollars ($23,500.00) to
be paid in increments upon task completion.
ARTICLE III
SUBMISSION OF REPORTS
The following reports, described in Exhibit A, shall
be prepared by the consultant: Water Use Policy Development,
Open Space/Land Use Policy Development, Sketch Plan, and Funding
Review Analysis. The various reports described in Exhibit A,
when reduced to written form, shall be submitted to the Water
Board for review. Consultant shall revise, correct, add or delete
in accordance with the Water Board recommendations, prior to
submission in final form, to the end that the 'Water Board is
reasonably satisfied with the contents and quality of such products.
2
A~.report shall be submitted consistent with the schedule
described in Exhibit A. The approved final form of the products
of each phase shall be considered evidence of task completion for
fee payment purposes, in accordance with the payment schedule
outlined herein.
ARTICLE IV
PAYME~T
The CONSULTANT shall be paid by the CITY for services
rendered subsequent to receipt by the CITY of a requisition for
payment from the CONSULTANT specifying that the tasks provided for
by this Agreement have been performed and approved in accordance
with the terms of the Agreement. Such requisition shall be
submitted to the CITY monthly, and shall request payment in
proportion to the percentage of completion for each of ~.he tasks
performed and approved as specified in the PRELIMINARY COST
ESTIMATE,~ page 6, of the aforementioned September 19, 1980
proposal submitted by CONSULTANT and attached hereto as Exhibit A
and incorporated herein. Payment to the CONSULTANT by the CITY
under this Agreement shall be due within Thirty (30) days after
approval of the tasks by the CITY, of if the CITY does not act to
approve or disapprove the tasks, then Thirty (30) days after
submitted, said tasks will be deemed approved.
ARTICLE V'
PERSONNEL AND FACILITIES; SUBCONTRACTORS
The work will be' performed by personnel of the Bakersfield,
California offices of the CONSULTANT; except that CONSULTANT shall
sub-contract to QUAD CONSULTA~TS, INC., a California corporation,
and WILLIAM H. PARK, Consulting Geologist, for the performance
of various technical and analytical services associated with the
project, as delineated in Exhibit A. No other subcontractors
shall be utilized for any portion of this project without advance
approval by the CITY and CONSULTANT.
ARTICLE VI
TIME OF COMPLETION; PENALTIES
The time of completion for the work called for in this
Agreement shall be approximately Two (2) months, or by January 1,
1980.
ARTICLE VII
NOTICES
Ail notices to either party shall be deemed to have
been provided by depositing the same, postage prepaid'~ with the
United States Postal Service, addressed as follows:
To CITY: City of Bakersfield
1501 Truxtun Avenue
Bakersfield, CA 93301
Attn: J. Dale Hawley, Director
of Public Works
To CONSULTANT: Rickett, Ward and Delmarter
2901 H Street
Bakersfield, CA 93301
Attn: Donald E. Ward, Project
Director
ARTICLE VIII ~
INDEMNIFICATION
CONSULTANT hereby agrees to defend, indemnify, and
save harmless CITY and its officers, agents and employees from
4
amd against any and all claims, demands, liability, costs, expenses,
.dama'ges, causes of action and judgments, to the extent that such
result from negligent error or omission by CONSULTANT or its agents
or its employees or its independent contractors under this
Agreement.
ARTICLE IX
INSURANCE
CONSULTANT shall take out and maintain during the
entire term of this Agreement, Worker's Compensation, Public
Liability and Property Damage Insurance, which shall include
errors and omissions coverage. Except for the errors and omissions
coverage, which shall be in the single limit amount of Two Hundred
Fifty Thousand Dollars ($250,000.00), all insurance coverage shall
be in the single limit amount of Five Hundred Thousand Dollars
($500,000.00), provided that all such insurance shall include the
following provisions:
1. It shall cover personal injury as well as bodily injury.
2. It shall include CITY as a named insured herein for
all coverage except errors and omissions.
3. It shall require the insurance carrier to give CITY
Thirty (30) days prior written notice of any cancel-
lation thereof, any reduction in coverage, or any
other major change therein.
4. It shall cover owned, non-owned and hi~ed cars and
trucks.
5. In all such insurance, the word "accident" shall
be changed to the word "occurrence."
6. The term "insured" is used severally and not
collectively, but the inclusion herein of more than
one insured shall not operate to increase the limit
of the company's liability.
7. It should also include Broad Form Property Damage
Coverage.
8. CONSULTANT shall not perform any work under this
Agreement until after he has furnished CITY a
. certificate of insurance concerning the insurance
· required hereunder.
IN WITNESS WHEREOF, the parties hereto have caused this
instrument to be executed, the day and'year above written.
CITY: co~-]s ULTANT:
By: ~_ By:
C-i-t-y-~.~ Bakersfield-Mayor Donald E. Ward
~-~..~.~__ ~. ~--~--~-~-~/~I~' Rickett, Wa~-d and De!marte~
~-~-~-y Attorney
AGREEMENT AMONG THE
NORTH KERN WATER STORAGE DISTRICT,
BUENA VISTA WATER STORAGE DISTRICT,
KERN DELTA WATER DISTRICT, AND
CITY OF BAKERSFIELD FOR OPERATION OF
THE KERN RIVER WEATHER MODIFICATION PROGRAM
TH~S AGREEMENT, made as of the day of October,
1980, by and among NORTH KERN WATER STORAGE DISTRICT
(hereinafter referred to as "NORTH KERN"), a Water Storage
District organized and existing under and by virtue of
Division 14 of the California Water Code, BUENA VISTA WATER
STORAGE DISTRICT, a like district, KERN DELTA WATE~
DISTRICT, a California Water District organized and existing
under and by virtue of Division 13 of the California Water
Code and the CITY OF BAKERSFIELD, a Chartered City, and a
Municipal Corporation of the State of California,
hereinafter collectively referred to as "parties to this
Agreement."
WHEREAS:
1. The Department of Water Resources, State of
California, has issued to NORTH KERN a permit for weather
resource management (hereinafter referred to as the
"permit"), dated July 2, 1980 (permit number 11). Such
permit authorizes NORTH KERN to conduct a weather resource
management program (hereinafter referred to as the
"program") under the supervision of Thomas J. Henderson.
-1-
2. Available data indicates operation of a weather
modification program in the Kern River watershed upstream of
Isabella Reservoir will increase precipitation in said
watershed, and therefore increase the quantity of water
available for diversion from the Kern River. The parties to
this Agreement are the principal diverters of waters from
the Kern River, and therefore will benefit from any program
to increase precipitation in said watershed.
3. The governing bodies of each of the parties to
this Agreement have approved execution of same.
NOW, .THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS:
1. Operation of the Program:
NORTH KERN shall operate the program consistent with
the description, terms and conditions set forth in the
permit.
2. Cost of ~the Program:
All costs associated with operating and carrying out
the program, including engineering and legal fees and other
administrative cost, shall be borne by the parties to the
Agreement equally ( that is to say, 25% per party).
-2-
3. Indemnification and Contribution:
The parties to the Agreement shall contribute in equal
shares toward any liability arising out of performance of
the program pursuant to this Agreement.
4. Insuran.ce:
During the term of this Agreement, each party thereto
shall maintain insurance with limits of liability at least
equal to ONE MILLION DOLLARS ($1,000,000.00) for combined
bodily injury and_property damage on a comprehensive general
liability form, including the following extended coverages:
Blanket Contractual Coverage
Broad Form Property Damage
Personal Injury
Products/Completed Operations
Owners and Contractors Protective
Non/Owner Automotive
Such insurance maintained by each party to this Agreement
shall not exclude the type of activity undertaken by the
program. BUENA VISTA WATER STORAGE DISTRICT, KERN DELTA
WATER DISTRICT and the CITY OF BAKERSFIELD shall within
fifteen (15) days of the execution of this Agreement deliver
to NORTH KERN a certificate of insurance issued by a insurer
which names NORTH KERN and its officers, agents and
--3--
employees as additionally insured and reflects the existence
of the required insurance delineated above.
5. Term:
This Agreement shall continue for a term of one (1)
year from the date of this Agreement.
EXECUTED in quadruplicate at Bakersfield, California,
as of the day and year first above written.
NORTH KERN WATER STORAGE DISTRICT
By
PRESIDENT
By
SECRETARY
BUENA VISTA WATER STORAGE DISTRICT
By
PRESIDENT
By
SECRETARY
KERN DELTA WATER DISTRICT
By
PRESIDENT
By
SECRETARY
CITY OF BAKERSFIELD
By
MAYOR
By
CITY CLERK
--4--