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Home My WebLink About03/08/96 ---- Æ . -- B A K E R S F I E L 0 MEMORANDUM March 8, 1996 TO: HONORABLE MAYOR AND CITY COUNCIL FROM: ALAN TANDY, CITY MANAGE¿1J7 SUBJECT: GENERAL INFORMATION 1. A developer has approached us about water service in a section of the Northeast, between the Olcese service area and California Water Service's area. It is part of a "no man's land", because there is no designated water purveyor. Anyone providing service there would need water supply contracts from us. We propose an RFP type process, so we could evaluate who is most capable of serving at lowest cost to the customers and with maximum benefit to us as a supplier. 2. The Price Club ice rink proposal has encountered compliance problems with submitted.remodel plans regarding the roof. They will have to work on the problem. Meanwhile, the new facility for White Lane is scheduled for Committee next week and the Council agenda of March 20th. 3. Staff will be submitting the renewal of the Health Care Consultant Contract to the City Council for referral to the Personnel Committee. We are recommending continuing with Godwins, Booke and Dickenson (Herb Kaighan) and will be discussing if it makes sense to market all or portions of the City's health insurance plans this next year. Mr. Kaighan has been of assistance in making positive modifications to our Fee-for-Service Plans to reduce costs and in addressing the Retiree health insurance issues. You will receive more information as we progress. 4. Enclosed is the draft settlement agreement we proposed to Dennis DeWalt in regard to Riverlakes Ranch. We received notification from him this week that he is no longer involved in an ownership/developer position of the property, but will continue to serve as the planner and engineer. He forwarded the draft to Fruitvale Properties for their review, and we plan to meet with them later this month. Please call if you have any questions. 5. As an addendum to last week's General Information item regarding a new fire station in the southwest, the Fire Chief has provided a map and memorandum which give more detailed information about the proposed temporary fire station sites. I 6. There is a status report attached from Honeywell regarding the HVAC project at the Convention Center. It is on schedule and progressing well. I HONORABLE MAYOR AND CITY COUNCIL March 8, 1996 Page -2- . 7. In response to several Council referrals, the following correspondence is attached: - Recommendation regarding providing insurance coverage for youth basketball teams; - Update on the noise level problem generated by the CalCrete Cement Plant; - Status report on the request for signage at the alleyway behind the 3000 block of Spruce Street. AT/JS:rs cc: Department Heads Carol Williams, City Clerk Trudy Slater, Administrative Analyst ~ . ENGINEERING - PLANNING - SURVEYING - LAND DEVELOPMENT . CONSTRUCTION MANAGEMENT March 5, 1996 Mr. Alan Tandy City Manager City of Bakersfield 1501 Truxtun Ave. Bakersfield, CA 93301 ~, --^ --'- ---~-,--. '-._-~=-----, -~"---- .. - - - Dear Mr. Tandy: Thank you for the draft proposal of the agreement regarding the Riverlakes Ranch Project. Since The DeWalt Group is no longer in an Ownership or Developer position in regard to the property I have forWarded the draft to Fruitvale Properties (attention: Jack Caldwell). DeWalt Corporation will remain as the planner and engineer for the project. After review of the proposal we will call your office for an appointment for further discussion. We look forward to a favorable conclusion of this first stage of the Riverlakes Ranch Project under new ownership. ~ cc: ~ ~ tfbcÆ h' ~ I - ~ -- --- ~ -- ----- DWD/kd - -- cc: Jack Caldwell - eve ~~~~-~ John M. Coombe ~ --' ~ --- ~V~ r-- ~æL ~ ~.~.v-<-~~.~ ~. Á-.¿ ~ .d .4 .oe.Vd:ó /«k ~ ¿T ~-', f" - ~-=~= ,0'- - REC;=:. ~,,;':~:., I. I~'~-~~-~ -.. I i J MAR - 6 \9~:~ i! I -~- -~ ~ ---- - ICITY MANAGER'S O¡':¡:¡CE': -_J L '~'--' ,¡ 1930 22ND STREET BAKERSFIELD, CA 93301 (805) 323-4600 . FAX (805) 323-4674 .' .. ~ . - B A K E R S F I E L 0 Alan Tandy. City Manager I I March 4, 1996 I I Dennis DeWalt DeWalt Corporation 1930 22nd Street Bakersfield, Ca 93301 Dear Mr. DeWalt: Attached is a draft proposal of the agreement that we discussed in concept some weeks ago relative to the Riverlakes Ranch project. Please review it and call my office for an appointment to discuss it or, if you prefer to respond in writing, and we can then follow that with a meeting. I'm sorry that this has taken such a long time to get out, however, the task became more complicated than we had originally anticipated. We look forward to discussing this with you. AT:rs Attachment City of Bakersfield. City Manager's Office. 1501 Truxtun Avenue Bakersfield. California. 93301 In"...' ........r ..........1 - 1"". In""""""","n...n DRAFT 7 - 2/14/96 AGREEMENT NO. THIS AGREEMENT is made and entered into on this day of , 1996, by and between the CITY OF BAKERSFIELD, a municipal corporation, ("CITY" herein) and ( "DEVELOPER" herein). RECITALS WHEREAS, DEVELOPER has applied for an extension to Tentative Tract Map 5436, [later agreements will -, --' 5. Riverlakes failed to pay the final $275,000 for the Westside Freeway Development Trust Account as required by Agreement I No. 90-174 and otherwise failed to comply with Agreement No. 90- I 174; and 6. Prior to filing bankruptcy, Riverlakes had sold off several main parcels of property within the Riverlakes Specific Plan area, but made no provision for those purchasers to be responsible for providing the required extraordinary amenities, nor had Riverlakes funded or constructed the required extraordinary amenities. By filing bankruptcy and allowing the property to be repossessed by foreclosure, Riverlakes abandoned its responsibilities to provide those extraordinary amenities to fulfill its contractual obligation with the City; and 7. The bankruptcy was converted to a Chapter 7; the Development Agreement was never assumed as an asset of the bankruptcy estate and has, therefore, been terminated by action of bankruptcy law; and --, returned to the payor, no transportation impact fees will be assessed for the balance of the Property covered by this Agreement. 11. GENERAL PLAN AND/OR SPECIFIC PLAN AMENDMENT. DEVELOPER may initiate a General Plan and/or a Specific Plan amendment for the subject Property, which may modify the requirements for the golf course, lakes or other amenities. Such an application shall be processed by CITY in its normal manner as required by law. If, in the exclusive opinion of the CITY, such amendment reasonably satisfies impacted property owners and provides sufficient extraordinary amenities which justify assumption by CITY of the cost of mitigating the traffic impacts for the development of the subject Property, and the City makes that specific finding with the approval of the amendments, then such amended amenities may be substituted and constructed by DEVELOPER to comply with Paragraph 2B hereinabove. If the CITY, for any reason, does not believe such amendments are in the public interest, it may deny the amendment through the normal process. If an amendment is approved and the findings are made that the new proposed amenities are sufficient as required hereinabove, such new comparable amenities shall be completed at a rate of twenty percent (20%) of the amenities per year. Within five (5) years from the date of execution of this Agreement all such amenities must be completed.. Upon such amendment -~ --.'- -- -- ... .~ have traffic mitigation fees controlled in the manner set forth in this Agreement. 14. EXTENSION OF MAP. This Agreement is voluntarily requested by DEVELOPER as a condition to the extension of his tentative tract map pending before the CITY. It is not a Development Agreement. The City is in the process of adopting a Park Development Fee to be assessed against all property within North of the River Recreation and Parks District in an amount equal or similar to the Park Development Fee paid by all other developers within the .. - ~ --' 19. ASSIGNMENT. This contract shall be binding on the Propert y, or any portion thereof, in the event of transfer, sale or assignment. 20. BINDING EFFECT. The rights and obligations of this Agreement shall inure to the benefit of, and be binding upon, the parties to the contract and their successors and assigns. 21. EXHIBITS. In the event of a conflict between the terms, conditions or specifications set forth in this Agreement and those In exhibits attached hereto, the terms, conditions, or specifications set forth in this Agreement shall prevail. All exhibits to which reference is made in this Agreement are deemed incorporated in this Agreement, whether or not actually attached. 22. MERGER AND MODIFICATION. This contract sets forth the entire Agreement between the parties and supersedes all other oral or written representations. This contract may be modified only in a writing approved by the City Council and signed by all the parties. 23. CORPORATE AUTHORITY. Each individual executing this Agreement represents and warrants they are duly authorized to execute and deliver this Agreement on behalf of the corporation or organization, if any, named herein, and this Agreement is binding upon said corporation or organization in accordance with its terms. 24. COMPLIANCE WITH ALL LAWS. CITY shall comply with local, i state and federal law, including, but not limited to, the I California Environmental Quality Act, for all actions taken involving the Property. 25. INDEMNITY. DEVELOPER shall indemnify, defend, and hold harmless City, its officers, agents and employees against any and all liability, claims, actions, causes of action or demands whatsoever against them, or any of them, before administrative or judicial tribunals of any kind whatsoever, connected with the Property, or arising out of the terms and provisions of this Agreement, whether or not caused in part by a party indemnified hereunder. 26. EXECUTION. This Agreement is effective upon execution. It is the product of negotiation and therefore shall not be construed against any party. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed, the day and year first-above written. "CITY" CITY OF BAKERSFIELD By: BOB PRICE, Mayor APPROVED AS TO CONTENT: PUBLIC WORKS By: RAUL ROJAS Public Works Director APPROVED AS TO FORM: JUDY K. SKOUSEN City Attorney By: LAURA C. MARINO Assistant City Attorney COUNTERSIGNED: By: GREGORY J. KLIMKO Finance Director "DEVELOPER" By: Attachment Title: ['EWAL T ^,~REEI~ENT L':'H::r¡:'S:meq:fet:,-b:S\,J¡:'S\['EWALT7,¡:'--H"rch 4,1996 - Page 7 of IO Pages - -- ------- ..,- EXHIBIT "A" 1. Reserve a 28.I-acre parcel for a community park site to serve a five-to-seven square mile area. The Developer was given a choice of dedicating these lands to North of the River Recreation and Parks District (NOR) and building the park improvements or paying the park fees and selling the land to NOR for $37,500 per acre. (Suzuki chose not to provide any of the facilities himself, but to pass on the park fees to the builders and property owners. Thus, the remaining obligation on the new DEVELOPER's part regarding the 28.1-acre park is to reserve the land and sell it to NOR for $37,500 per acre.) 2. An eighteen-hole public golf course, roughly 150 acres, shall be developed with club house and driving range facilities. Included will be one-half-acre pocket park sites adjacent to the golf course. The course will be open to the public and operated and maintained by the DEVELOPER or some other private entity capable of continuing the operation and maintenance of the golf course and parks. 3. Adjacent to Coffee Road, linear parks will be developed utilizing portions of the PG&E transmission line easement. This parkway shall range from 25 feet adjacent to commercial land to 50 and 84 feet adjacent to high-medium density suburban and low density residential ¡ Homeowner's Association. The Beach Club and mini park and facilities built thereon shall be available to all residents of the Riverlakes Ranch/Unibell Specific Plan area via a Homeowner's Association. s. Residential u..----- ----- no -..----.... .' , -- J. Riverlakes Drive was planned to be a thematic community road with enhanced landscaping treatment, including bikeways, meandering sidewalks and berm treatment. k. ------ ~ , ('- "-..- MEMORANDUM "WE CARE" DATE: March 6, 1996 TO: Honorable Mayor and Councilmembers FROM: Michael R. Kelly, Fire Chief~ I , ,,-- PROPOSED STATION OVERLAP BUILDOUT c ., STOCKDALE & ALLEN ROAD 1% 27.5 % BUENA VISTA & WHITE LANE 19% 35% BUENA VISTA & STOCKDALE 27% 24% , I J r. oœa> 4 RESPONSE OVERLAP'-- jPA 8OJNDtiRY 1111I11I11ill.. I' 2 MILE RE$~SE 01 > '- : ~ : z ~ ,'- '7 : r) 11 ~ PROPOSED p T A TION . 2 ' ') :'------ ~..,_.- LOCATIONS -: m : I = MARCH 1996 I I : ~.................. ¡'! ¡ . I I, ;:'" "'--" "),-::: > - - I ^ MEMORANDUM March 5, 1996 TO: ALAN TANDY, City Manager FMM: LEL~ ~OORSEN, Co=unity Services ~nager~ SUBJECT: Council Referral. No. WFOOO8164/001 ' Insurance Coverage for Youth Basketball Teams " Following is the recommendation of the Citizens Community Services Advisory Committee (CCSAC) concerning providing insurance coverage for youth basketball teams. Currently, the City offers a recreational junior high basketball league for $25 per player. The rules require that the teams not practice more than two hours a week. The fifteen basketball games themselves are held at Tevis ,Junior High for which the City is covered. In order for the individual team players to be covered, they must practice at a City facility. Neither players nor the City are covered if the teams practice at a non-City owned facility. At a recent meeting, coaches were asked whether they would be willing to pay additional money for insurance coverage in order to practice at a non- City owned facility (i.e. East High School). All of the coaches present voted to keep the league recreational and not to incur addi tional charges for the players in order to pay for extra insurance. However, the coaches were informed that walter Mortensen Insurance could provide insurance for the junior high league for six months at the price of $2,IOO. This would be a very minimal policy and would not insure the City. \ The CCSAC discussed all of the above at its February 13, 1996 meeting. The recommendation of CCSAC is that the City not change its policy with regard to this junior high recreational league. CCSAC was concerned that the increase in price would detract from the success of the junior high basketball program and may change the recreational nature of the league. THIS MEMORANDUM IS EXEMPT FROM DISCLOSURE AND IS PROTECTED BY THE ATTORNEY-CLIENT AND ATTORNEY WORK PRODUCT PRIVILEGES. ,---"~ ~"" -' ¡I:~ [:: (~; -:'. \; _: 'y r-=~- ~.._""=_.,"- - , 1\ ' , Ii ' : I I~AH~u~ 1:96_., . I CiTY 1\.~/~NAJ3ER'S OF~¡~:' ,. ~~,-,-~'~-~-Y~." ~,"~ . " ALAN TANDY, City Manager March 5, 1996 Page 2 It should be noted that the City is considering the formation of a more competitive basketball league, and, if the coaches show a renewed interest in providing insurance coverage, the City will explore the matter further. cc: Henry Shippes Dean Jones Judy K. Skousen, City Attorney GG: laa s:\GG\CORR\CONV.CTR\ball-ins.mmo THIS MEMORANDUM IS EXEMPT FROM DISCLOSURE AND IS PROTECTED BY THE ATTORNEY-CLIENT AND ATTORNEY WORK PRODUCT PRIVILEGES. t I MEMORANDUM March 6, 1996 I I TO: Jack Hardisty, Development Services Director FROM: Randy Fidler, Chief Code Enforcement Officer ~ SUBJECT: Inquiry from Councilmember Sullivan regarding complaint received from resident at 3500 Slate Court regarding noise level of CalCrete Cement Plant During my investigation of the CalCrete Plant, I spoke with the general manager, Dwight Carleton, in an attempt to mediate and resolve the complaint from the above mentioned resident. I asked Mr. Carleton if something had changed in the operation of the plant that might have triggered the complaint. He told me that during the month of December they had a computer shutdown which stopped operations for four weeks and to get caught up they were working from 4:00 a.m. to 10:00 p.m. However, three weeks ago they returned' to their regular hours of operation which are 6:00 a.m. to 4:30 p.m. Mr. Carleton explained the operation to me and also stated it has not changed. He showed me the machine that makes the most noise. There is a curing process which uses steam generators to cure the bricks which I could not hear over the traffic on Wible and Pacheco Roads; however, during the nighttime hours it is possible the noise could carry to the resident in question. The other machine is a mixing machine which stands about 25 to 30 feet above the housing tract and has been in operation for many years prior to the subdivision. This machine will be a real problem because there is no way of shielding the noise from the residents. Trees and block walls would not be feasible because of the height of the machine. This is a real dilemma because while the plant wishes to be a good neighbor, it must meet its business demands. The city has no means of enforcement for noise and if a noise ordinance is adopted this business would be legal nonconforming. I recontacted Mrs. Canada and explained the dilemma. She vented her frustration to the point of mentioning a lawsuit. Mter speaking with her further, I asked if she had a solution to the problem. Mrs. Canada asked if the city would be willing to buy trees for her backyard. I stated I would take her request to the department head for consideration. RF:km cc: Alan Tandy, City Manager Dennis Fidler, Building Director ~~-=-=:'i:C~--;:\7;'~~ ~~-'C"' .', Judy Skousen, City Attorney \ ~~' . Carl Hernandez, Deputy City Attorney Councilmember Sullivan ~! ' MAR =~l~~ I m\calcrete.l , tclTY IV!ANAGER'S f]'~« I --===-=-"-'=~- ,=.,=,,-. ,~ a - c" ,'¡ Æ .- BAKERSFIELD PUBLIC WORKS DEPARTMENT MEMORANDUM TO: ALAN TANDY, CI1Y MANAGER FROM: RAUL Mo ROJAS, PUBUC WORKS DIRECfOR ~ DATE: MARCH 7,1996 REF: STATUS - CONVENTION CENTER HVAC PROJECT Attached is a copy of a letter from Honeywell's project manager, Steve Finch, regarding the current status of the HV AC project. It appears that the HV AC project is progressing very well and Honeywell has expressed praise for all the local contractors involved. P:\MEMOS\RAUL19 . ,-- : ~. RECE~V!ED c-': I ; , ¡ . MßR-"'. í 1 ! -CITY iViANAGER'S OFPC' '=~ " . - .'-j ~ "',-- Honeywell -""" ",;, Honeywell Inc. 1740 Creekside Oaks Dr Ste 150 Sacramento CA 95833-3639 916923-7800 March 4,1996 Dewayne Starnes Civil Engineer ill I Engineering Services Div, I Dept. of Public Works City Hall 1501 Truxtun Ave Bakersfield, CA. 93301 Subject: Convention Center Project Status Report Dear Dewanye, The Convention Center Project is progressing quite well. The project is currently on schedule and we have had no major incidents or upsets that have caused any interference or inconvenience, of measure, to the facility or its personnel. Currently, I do not anticipate any barriers that will cause the base project to experience delays that wiil affect the projected completion of June. As you may already know, the electrical switchgear portion of the project, that was included in January, "ill not complete until some time in July or August. This is due to the long lead times for this specialized equipment. The cooperation and assistance from yourself, the Public Works Department, the City Building Department, the Convention Center Management & Staff, and last but not least, the fine assembly of subcontractors, has greatly contributed to the success of this project, to date. The subcontractors (Hillcrest & Trico Mechanical. A-C Electric, Sampson Steel, Cantelmi & Porter Robertson Engineers, and Steve Austin Painting) have remained on schedule, and put forth an exceptional effort to do so, We have been pleased with these performances overall. Dresser Services and Wescon, who are contracted to the City directly for abatement services, have also been responsive to the requirements of Honeywell. They have assisted the project by expediting the abatement process, through expert coordination and performance, The following is an outline of the project progress to date: 1. The Event Scheduler / Energy Management System is approximately 70% installed. Of this 70%, approximately 40% of the system is on line and providing beneficial use to the facility, The remainder of the systems installation should be complete within 6 to 8 weeks, with the system taking control of the various mechanical systems, as we complete their respective replacement or renovation, We have been instructing the H.Y.A.C. stafIhow to operate the system and related mechanical equipment as we bring them on line. A more formal system training will be performed, on the overall operation, once the installation is completed. 2. The first phase of the floor and wall replacement has been completed. This is approximately 30% of the actual floor replacement, but approximately 50% of the entire process and cost, The 50% includes mobilization, field engineering, equipment and material acquisitions, as well as the 30% of the actual floor and wall being replaced. Phase 2 will begin in April, after the Ice Hockey season, and complete in 8 weeks, Page 1 of 2 @ P,.;",edwithSovlnko. ~ Recycled Po".r, 30% Post-Co.sumer ¡ " ,.0,.--,/ ,;;.Çj 3, Replacement or renovation of mechanical Systems are 55% complete, a, The new Chillers have been installed on their new floor pads and are currently being piped into the new secondary chilled water loop. The electrical service is approximately 55% complete, We should have the cooling system back on line by or ahead of our projected completion date of March 29, 1996, b. The old cooling towers have been removed, The new 325 ton cooling tower and structural foundation have been completed, The new tower is currently operating the Ice System, temporarily, to allow us to continue "ith the remaining tower replacement. The lee System has operated on the new tower very well, We anticipate that once the lee system is interfaced with its new tower, the performance of this system will be greatly enhanced. This will provide for quicker ice production and better ice, Quicker ice production will also provide for less energy use. as well as, cost. c, Fan system replacements and renovations for the Concert Hall and east Conference Rooms have been completed Fan systems for the upper Concert Hall Lobby / Technical Support Rooms and west Conference Rooms are in progress and approximately 60% complete, These systems will be completed this week. d, The new Lobby air conditioning unit is 80% complete, All the new duct work and registers have been installed. The roof curb, plenum drops, and roofing are complete. We are waiting for delivery of the new unit to finish the installation, e, Approximately 40% of the new pumping systems have been completed f. We have begun shop fabrication for the duct work on the new Arena air handling system, The air handler is currently under construction by the manufacturer, Pace. We will begin construction for the systems structural support early next week. The abatement of the penthouse should not affect our projected completion date for mid- April. We are approximately 25% complete. Sincerely, ~{f ./ Stephen C, Finch Project Manager cc: Greg Cronk - Convention Center Bob Colson - Hillcrest Ken Few- Trico Leonard Wagner - AC Electric ,I Duncan Sampson - Sampson Steel I Steve Austin - Steve Austin Painting 1 Job File 982-15008 Page lof 1 ---------- --- ~ ,~ "'" I MEMORANDUM March 6, 1996 TO: Steve Walker, Traffic Engineer FROM: Randy Fidler, Chief Code Enforcement Officer R.F SUBJECT: Referral from Councilmember DeMond regarding alleyway behind 3000 block of Spruce Street . On February 28, 1996, myself and Ed Kuehn met with Mr. Kurtis and went over the signage for the above mentioned alleyway. Mter driving the alleyway and listening to Mr. Kurtis' concerns, we made the attached map with the signage shown for your approval. If you could review it and make any corrections needed for your approval, it would be appreciated. , If you have any questions, please call. RF:km cc: Alan Tandy, City Manager Jack Hardisty, Development Services Director Dennis Fidler, Building Director Raul Rojas, Public Works Director Judy Skousen, City Attorney Ed Kuehn, Assistant Superintendent Councilmember DeMond m\sprucc2 , '-~--, lF~ L: C r:~ I: ,~~::: ¡~J IFC~~'=~~-~'-'~-_C" :! ! ~ ¡i ¡~AR - 1 1996 ¡ L . :¡ , L=,-- -- J ,I : CITY ¡ViANAGER'S O¡:;F!(;';: , .- - ~=' ~~' 'I ' ~ ---- ---- ~ .., " ¡" r- \ WATER PONDING NEED TO SHOOT GRADE CLEAN V GUTTER & WEEDS DI~f8JkON ~ 0 PARKING SIGNS 15 MPH SIGN ST. [STOP SIGNS FOR BLIND CORNER DIRECTION SIGNS STOP SIGNS FOR BLIND CORNER , 29812 -