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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--