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Home My WebLink About03/26/93:�� _:� � B A K E R S F I E L D MEMORANDUM March 26, 1993 T0: HONORABLE MAYOR AND CITY COUNCIL FROM: ALAN TANDY, CITY MANAGER , SUBJECT: GENERAL INFORMATION � 1. Hotel Update: The local group failed to submit any meaningful documents and then forgot a meeting we had to get an update from them. They seem to be fading away from nonperformance, but they are, technically, still out there. With respect to the out of town proposal,,we are in the process of getting the financial projections updated and in-hand so that we can begin active review of that. You will find a preliminary outline of that financing enclosed. More detail will be forthcoming. It doesn't look bad, as the preliminary interest rate projection is below the developer's required standard. 2. You will find enclosed a memo on efforts to market our Airport property. 3. Natural attrition in the Police Department has occurred, which will help to reduce layoffs. In the Fire Department, which was the other heavily labor- intensive area, we have had very little turnover. 4. We are undertaking a project which will result in analyzing potential revenue flow from island annexations. I think that is an area which has not been fully understood, in the past. Once we get numbers together, I will forward it to you. There may be some strategic changes we can make as a result of having better information in terms of how we negotiate on these issues. It will also help with some of our internal problems. We have employees, particularly in the unions; who have no knowledge of finance, but negative attitude about annexing. We can use it for educational purposes. 5. Wherever it is technically feasible, we should provide a lower cost for City residents to register in programs than non-City residents. The Community Services Department would like to start this with swimming fees, as a test, where we have high registration from non-City residents. �'his is a way of stopping the practice of "giving away" our services to the islands and nearby areas, and a way of giving people a reminder that there is benefit to being in the City. A mema is enclosed. 6. You will find enclosed a League of California Cities Utility User Tax Survey. You will see most of the larger cities in that, at a considerable percentage. This, again, is the most controversial but highest revenue producing alternative we have available to us. '�p ':��+ HONORABLE MAYOR AND CITY COUNCIL March 26, 1993 Page -2- 7. You will find enclosed a Long-Range Public Transportation Systems Study which came out of GET, for your information. 8. In the City Attorney's contract, you gave me authority to grant him additional Administrative Leave. A memo is enclosed on that. In one form or another, we need to make sure he has the time to fully recover without facing financial loss. Part of the reason he is ill is because his dedication kept bringing him back too soon. AT.alb Enclosures cc: Department Heads City Clerk 0 i._' '!, TABLE OF CONTENTS DESCRIPTION PAGE BAKERSFIELD PUBLIC FINANCING �UTHORITY 1 PROJECTS 4 EXHIBIT A � Summary of Analysis A-1 Savings Report A-2 Outstanding Debt Service R,eport A-3 Analysis of Cashflow Savings & R,einvestments A-4 i� r \ . { � �. �� BAKERSFIELD PUBLIC FINANCING AU'I'HORITY STEP ONE The City of Bakersfield anci the t�,edeveiopment Agency each pass R,esolutions establisning the Public Financing Authority. STEP �'WO The City Council of the City of Bakersneld is elected to be the Board of Directors of the new Authority. STEP THREE The Authority passes a Resolution hiring the financing team and authorizing the issuance of Marks-Roos Bonds for the following projects: � :�) Convention Hotel $15,000,000 ! B) North East Sewer Assessment 5 District �10,000,000 � C) R,efinancing of COP issue for Wastewater Treatment Plant , Project #3 $20,855,000 , 'S STEP FOUR. Financing team proceeds to attain rating and possibly insurance prior to presenting financing package to City Council, Redevelopment A�gency, Public Financing Authority. � 0 .y r. Y F �AK ER FiELD C !� � � N P LAN F�NA�I� � C��y Re�evefopment Agency (RDA} Joint Powers Authori�y (JPA) � Bondhoiders City & RQA join toge#her to form a JPA the purpose of which is to issue Public Financing Authority Bonds with no obiigation or liability to either the City or the Redevelopment Agency 2. `.�rr W.srr .+rr�� R�:�1 I�ror Wrur� iL�:�o W�u+r� �rd � u�r�r�/ �r�rrrrJ �.+i.�r� ti...i..� W+►.�/ .�.�+.�.1 �.�rr�l �W �-J , J a � � INAN CING �' I�AN w Public Financing Authority (PFA) $50,855,000 I - Redevelopment Agenc Certificates of Participation 1915 Act Bonds Reserve Fund $7,500,000 Tax-Exempt Hotel Pass-Through Obligation $7,500,000 Taxable Hotel Pass-Through _ Obligation $20,855,000 Refinance Wastewater Treatment Plant Project �t3 $10,000,000 North East Sewer Assessment District $5,000,000 � Convention Hotel PROJECTS It is anticipated by most hotel experts that it will take $15,040,000 net to construct the type of hotel which conventioneers would be willing to plan their events at. We at First Californi.a Capital Markets Group, Inc. have enlisted the support of one such hotel ownerideveloper who has several hotels in similar locations to the Bakersfield Convention Center around the United States. This owner/developer has agreed to unconditionally guarantee with both the net worth of his corporation and hi"s personal assets, the repayment of any debt borrowed through the Public Financing Authority for the construction and operation of the hotel. In order to accomplish the financing, said builder has asked that the City do everything in its power co provide as much of the financing tax-exempt as is possible. Thus, we have preliminarily designed a financing vehicle which will accommodate the maximum tax-exempt financing available. First of all, at the foundation of the nnancing is a Marks-Roos pool. A Marks-ftoos pool is necessary for a number of reasons: 1) The federal law on unaccountable monies. Federal law allows for 5% of any financing to be used for whatever purpose the issuing entity wishes to pursue. Thus, the larger the tax-exempt Marks-Roos ponion of the pool, the larger the 5%. We are shooting for as ciose to a$50,000,000 pool as possible. Five percent would then give us $2,500,000 of unaccountable monies; which would mean $2,500,000 of tax-exempt financing for the hotel. 2) The structure of the hotel obligation. There are several parts of the hotel finsncing which are inherently tax-exempt. The easiest example to comprehend is the parking lot. The paricing lot will be used by the public, and whether the parking will be free or require a small charge is unimportant, but it is open to the public to be used at any time. As a result, it can be financed tax-exempt, as can the acquisition of the land for the parking lot. 3) The meeting rooms which are part of the hotel and part of the convention center and located between the two, can also be financed tax-exempt. Between these two � potential tax-exempt financings, and the 5% unaccountable monies, we should be able to provide the developer with 50% of the total $15,000,000 in tax-exempt funding, which would receive the lowest interest rate possible. The rest of the funding must � be done with taxable bonds issued by the Marks-Roos pool. Another reason for using a Marks-Roos pool, is that the buyers of the taxable bonds and of the tax-exempt bonds, must have equal rights to the assets as a security, .and the assets of the � corporation.and individual guarantor pledging to repay the debt. This procedure will allow that to be accomplished. � In conclusion, this is a win-win situation for all of the participants. The City will end up with the hotel financed and guaranteed by a developer with no ]iability or obligation by the Redevelopment Agency or the City. The Marks-Roos pool will facilitate this financing and help create the maximum � amount of tax-exempt financing, thus lowering the interest rate on the hotel debt, and msking it much more palatable. The refinancing will create much lower cost of funds for the City, and the tatal package wiil create a lower cost of issuance by standards of economies of size for all of the projects. � 4 3 } . ,: a � � ` North East Sewer Assessment District : � The financing of the Assessment District at this time also makes sense because the cost of issuance will be reduced by placing it into a pool so it becomes a win-win situation for all of the financings. This procedure will allow us to refinance the City's obligation and finance the assessment � district as well as the hotel all at the same; time. However, the flexibility of the Marks-Roos pool conceot is such that anyone of the three could lag behind, and the monies would be set aside and available to them upon the compietion oi theii documentation (i.e. if the Assessment District were the last to be iunded because of a statutory time requirement, such as the 30-day cash collection period, _ � the money couid be raised for the other projects, as well as the Assessment District, with the other projects closing simultaneously with the �Iarics-Roos funding but the Assessment District funaing lagging behind 30 days, thus funding 30 days later). Wastewater `I�eatment Plant Proiect #3 � The refinancing of the Wastewater T�eatment Plant Project #3 would make sense by itself, in that there is a tremendous savings at this time due to the low cost of funds in the municipal market today. (See Exhibit A) I� � 5 E�IBIT A 0 � a CITY OF BAKERSFIELD 1988 CERTIFICATES OF PARTICIPATION ADVANCE REFUNDING ANALYSIS SUMMARY OF ANALYSIS 1988 80NDS TO BE REFUNDED: Outstanding Par Amount Principal Maturities to be Rerunded Call Date Calt Premium ADVANCE REFUNDING RESULTS: Par Amount of Refunding Bonds to be Issued Principal Maturities Average Refunding Yield Present Value of Debt Service Savings Present Value of Savings and Reinvestment Earnings A-1 520,855,000 1994-2010 January 1, 1998 101 % S 24,175, 000 1994-2010 5.2091 % 5957,381.99 5449,373.47 � � � � � � � � � i � ` _ . I�� 1988 CERTIFICATES OF PARTICIPATION CI7T OF BAKERSFIELD, CALIFORNIA REFUNDING BO.NOS SAVINGS REPORT - • - - - - - - PROPOSED DEBT SERVICE - - - - - - � - PRIOR EUMULATIVE DATE PRIMCIPAL COUPON INTEREST TOTAL D/S SAVINGS SAVINGS 1/ 1/94 865,000.00 3.000000 593,581.25 1,458,581.25 1,460,947.50 2,366.Z5 2,366.25 1/ 1/95 . 1,045,000.00 3.500000 1,161,212.50 2,206,212.50 2,276,270.00 70,057.50 72,423.75 1/ 1/96 1,065,000.00 3.750000 1,124,637.50 2,189,637.50 2,276,095.00. 86,457.50 158,881.25 t/ 1/97 1,105,000.00 4.100000 1,084,700.00 2,189,700.00 2,271,145.00 81,4G5.00 240,326.25 1/ 1/98 1,150,000.00 4.250000 1,039,395.00 2,789,395.00 2,276,195.00 86,800.00 327,126.25 1/ 1/99 1,195,000.00 4.450000 990,520.00 2,185,520.00 2,276,200.00 90,680.00 417,806.25 1/ 1/ 0 1,250,000.00 4.650000 937,342.50 2,187,342.50 2,273,800.00 86,457.50 504,263.75 1/ 1/ 1 1,310,000.00 4:850000 879,217.50 2,189,217.50 2,275,800.00 86,582.50 590,846.25 1/ 1/ 2 1,370,000.00 5.000000 815,582.50 2,185,682.50 2,271,400.00 85,717.50 676,563.75 1/ 1/ 3 1,440,000.00 5.100000 7G7,182.50 2,187,182.50 2,275,600.00 88,417.50 . 764,981.25 1/ 1/ 4 1,500,000.00 5.200000 673,742.50 2,173,742.50 2,272,200.00 98,457.50 863,438.75 1/ 1/ 5 1,580,000.00 5.300000 595,742.50 2,175,742.50 2,276,200.00 100,457.50 963,896.25 1/ 1/ b, 1,665,000.00 5.G00000 512,002.50 2,177,002.50 2,276,400.00 99,397.50 1,063,293.75 1/ 1/ 7 1,755,000.00 5.G50000 . 422,092.50 2,177,092.50 2,272•,400.00 95,307.50 1,158,601.25 1/ 1/ 6 1,860,000.00 5.500000 326,445.00 2,186,445.00 2,273,800.00 87,355.00 1,245,956.25 1/ t/ 9 1,950,000.00 5.550000 224,145.00 2,174,145.00 2,274,400.00 100,255.00 1,346,211.25 1/ 1/10 2,070,000.00 . 5.600000 115,920.00 2,185,920.00 2,273,400.00 87,480.00 1,433,691.25 24,175,000.00 12,Z43,561.Z5 36,418,561.25 37,852,252.50 1,433,691.25 ACCRUED 24,175,000.00 12,243,561.25 36,418,561.Z5 37,852,252.50 1,433,691.25 Dated 7/ 1/93 with Delivery of 7/ 1/93 Net Present Value Savings at: 5.2091X Equals RUNDATE: 12-16-1992 a 09:53:11 FILENAME: MMR 957,381.99 or 3.9602X of Par of the Current Issue or 4.5907X of Par of the Prior Issue KEY: BAKER COPR1 A-2 I � ' � � � � � � � � 1988 CERTIFICATES OF PARTICIPATION (41ASTEUATER TREATMENT PLANT 3 PROJECT) CITY OF_BAKERSFIELD=_CALIFORNIA DEBT SERVICE SCHEDULE DATE PRINCIPAL COUPON INTEREST PERIOD TOTAL FISCAL TOTAL -------- -------------- ---------- -------------- -------------- -------------- 1/ 1/94 650,000.00 6.250000 810,947.50 1,460,947.50 1,460,947.50 1/ i/95 695,000.00 6.500000 1,581,270.00 2,Z76,270.00 2,276,270.00 1/ 1/96 740,000.00 6.750000 1,536,095.00 2,276,095.00 2,276,095.00 1/ 1/97 785,000.00 7.000000 ?,486,145.00 2,271,145.00 2,271,145.00 1/ 1;98 845,000.00 7.100000 1,431,195.00 2,276,195.00 2,276,195.00 1/ 1/99 905,000.00 8.000000 1,371,200.00 2,276,200.00 2,276,Z00.00 1/ 1/ 0 975,.000.00 8.000000 1,298,800.00 2,273,800.00 2,273,800.00 1/ 1/ 1 1,055,000.00 8.000000 1,220,800.00 2,275,800.00 2,275,800.00 1/ 1/ 2 1,135,000.00 8.000000 1,136,400.00 Z,Z71,400,00 2,271,400.00 1/.1/ 3 1,230,OOO.GO 3.000000 1,045,.600.00 2,Z75,600.00 Z,275,600.00 1/ t/ 4 1,325,000.00 8.000000 947;200.00 2,272,200.00 2,Z72,200.00 1/ t/ 5 1,435,000.00 8.000000 841,200.00 2,276,200.00 2,276,200.00 1/ 7/ 6 1,550,000.00 8.000000 726,400.00 2,276,400.00 2,Z76,400.00 1/ 1/ 7 1,670,000.00 � 8.000000 602,400.00 2,27Z,400.00 2,272,400.00 1/ 1/ 8' 1,805,000.00 8.000000 468,800.00 2,273,800.00 2,273,800.00 1/ 1/ 9 1,950,000.00 8.000000 324,400.00 2,27G,400.00 2,274,400.00 1/ 1/10 Z,105,000.00 8.000000 168,400.00 2,273,400.00 Z,273,400.00 -------------- -------------- -...---------- 20,855,000.00 16,997,252.50 37,852,252.50 ACCRUED 20,855,000.00 16,997,252.50 37,852,252.50 Dated 7/ 1/93 uith Delivery of 7/ 1/93 RUNDATE: 12-16-1992 a 09:23:18 FILENAME: HMR A-3 KET: BAKER COP c � � DATE Ot /01 /94 O7/01 /95 Oi /01 /95 07/O 1 /96 Ot /01196 07/01 /97 01l01 /97 07/Ot/98 Ot /Ot /98 07/O1 /99 O1/01 /99 07/01/00 Ot /01 /00 07/Ot /01 Ot/Ot/Oi 07/Ot /02 Ot /O1 /02 07/01 /03 01 /01 /03 07/O1 /04 01 /01 l04 07/Oi/OS 01 /Oi/OS 07/01 /06 Ot /Ot /O6 07/Otl07 Ot/01/07 07/01/08 01 /Ot /08 07/Ot/09 Ot /01 /09 07/Ot /10 01 /01/10 TOTAL PRIOR DEBT SERVICE 1,460,947.50 790,635.00 1,485,635.00 768,047.50 1,508,047.50 743,072.50 1,528,072.50 715,597.50 1.,560,597.50 685,600.00 1,590,600.00 649, 400.00 1,624,400.00 610,400.00 1,665,400.00 568,200.00 1,703,200.00 522,800.00 1,752,800.00 473,600.00 1,798,600.00 420,600.00 1,655,600.00 363,200.00 1.913,200.00 301.200.00 1,971,200.00 234,400.00 2,039,400.00 162,200.00 2,112,200.00 64�200.00 2,189,200.00 s37,852,252.50 CfTY OF BAKEFSFIELD �`�`� `"""""r �"'""� r'"""""'r r""""°v � �11 �r�W . ANALYSIS OF CASN FLOW SAVINGS 8 REINVESTMENTS AOVANCE REFUNDING • PROPOSEO DEBT SERVICE 1,458,58125 580,60625 1,625,60625 562,318.75 1,627,318.75 542,350.00 1,647,350.00 519,697.50 1,669,697.50 495,260.00 i ,sso,2so.00 468,67125 1,718,67125 439,608.75 1,749,608.75 407,84125 1,777,94125 373,59125 1,813, 591.25 336,87125 1,836,871.25 297,87125 1,877,87125 256,00125 1,921,00125 211,046.25 1,966,04625 163,222.50 2,023,222.50 112,072.50 2,062,072.50 57,960.00 2,127,960.00 536,418,56125 SAVINGS FUND DEPOSR 2,36625 210,028.75 (139,971.25) 205,728.75 (119,27125) 200,722.50 (1 f 9,277.50) 195,900.00 (109,100.00) 190,340.00 �ss,sso.00� 180,728.75 (94,271.25) 170,791.25 (84,208.75) 160,358.75 (74,641.25) 149,209.75 (60,791.25) 136,728.75 (38,271.25) 122,728.75 (22,271.25) 107,19B.75 (7,B01.25) 90,153.75 5,153.75 ��,�n.so 16,177.50 50,127.50 50,127.50 26,240.00 61,240.00 s1,433,691.25 PRESEM' VALUE OF INTEREST EARNIN�S Q 5.2091 % PRESENT VALUE OF DEBT SERV�CE SAVINGS @ 52091% . NET PRESENT VALUE OF SAVINOS BEGINNINa BALANCE 0.00 2,366.25 212,456.63 78,016.93 285,779.73 173,951.77 379,2P4.94 269,804.04 472,731.23 375,943.78 576,075.44 491,419.64 684,947.68 608,51627 795,156.66 731,65821 911,073.40 860,161.55 1,031, 773.68 997,855.55 1,160,573.99 1,152,530.53 1,305,277.57 1,317.002.99 1,458,503.81 1,488,690.09 1,617,617.59 1,664,903.08 1,779,443.90 1,841,967.99 1,940,070.56 2,040,72827 2,120,120.16 ANNUAL' REINVESTME RATE 52091 % 5.2091 % 5.2091 % 52091 % 52091 °,6 5.2091 % 5.2091 % 52091 °� 5.2091 °.6 5.2091 °k 52091 °,b 5.2091 % 5.2091 °� 5.2091 °.6 5�2091 % 5.2091°.6 5.2091 °� 5.2091 °.6 5.2091 °�6 5.2091 °� 52091% 5.2091 % 52091% 52091 % 52091 % 5.2091 % 5.2091 % 5.2091 % 5.2091 % 5.2091 % 5.2091 % 5.2091 % 5.2091 % IMEREST EARNINGS 0.00 61.63 5,533.55 2,032.05 7,44329 4, 530.67 9,876.60 7,027.19 12,312.54 9,791.66 15,00420 12,799.29 17,839.84 15,849.14 20, 710.29 19,056.44 23.729.41 22,403.38 26,873.11 25, 989.70 30,227.79 30,018.29 33;996.67 34,302.07 37,987.53 38,773.75 42.131.74 43,363.32 46,346.59 47,975.07 50,530.20 53,151.89 55,219.69 a802,888.60 3449,373.47 957,381.99 51,406,755.46 ENDINa BALANCE 2,366.25 212,456.63 78,018.93 285;779.73 173,951.77 379,204.94 269,804.04 472,731.23 375,943.78 576,075.44 as!,a�s:sa 684,947.68 608,516.27 795,156.66 731,658.21 911,07.3_40 860,161.55 t ,031,773.68 99�,855.55 1,160,573.99 1,152, 530.53 i ,305,277.57 i ,317,002.99 1,456,503.81 1,489,690.09 1,617,617.59 1,664,903.08 1,779,443.90 1,84t,967.99 1,940,070.56 2,040,728.27 2,120,120.16 2,236,579.85 PV OF INTEREST EARNINaS o.00 58.54 5,122.76 1,833.44 6,545.33 3,882.96 8,249.75 5,720.70 9,768.95 7,571.64 11,307.84 9,401.27 12,770.99 i t ,057.90 14,082.72 12,629.19 15,326.89 14,103.OB 16,487.39 15, 540.62 17;615.98 17,049.82 18,819.31 18,506.36 19,974.46 19,970.33 21,043.12 21,108.46 21,987.98 22,182.80 r2,rn.�s 23,344.59 23,637.14 �449,373.47 PV OF DEBT SERVICE SAVINGS 2,306.1 e 199,501.18 (129,58�.28) 185,621.56 (104,882•39) 172,026.84 (99,630.44) 159,478.19 (86,561.54) 147,185.03 (75,108.28) 132,747.87 (67,485.89) 119,160.59 (57,260.83) 106,273.85 (48,210.99) 93,927.93 (37,297.09) 81,757.39 (22,303.51) 69,707.6t (12,328.55) 57,834.95 (4,102.02) 46,200.97 2,574.09 34,647.89 7,675.01 23,178.05 22,589.68 11,524:74 26,214.17 5957,381.99 �3 +j � .j ^1 :,> ,, ��;I; '-��, _ °i MEMORANDUM A�� JJ � a ! � -. March 19, 1993 MEMO TO: ED SCHULZ, PUBLIC WORKS DIRECTOR MEMO FROM: JAKE WAGER, ECONOMIC DEVELOPMENT DIRECTO SUBJECT: MARKETING PROGRESS REPORT � The following is a progress report on ttie marketing efforts of the Bakersfield Municipal Airport: Corporate Grant The airport has applied for a corporate grant to fund economic development efforts. The city's proposal outlines the marketing plan for the airport and requested funds for marketing materials. Client Contact Economic Development staff has contacted an aircraft design company regarding moving to the airport. Staff has also arranged for a manufacturing company that was interested in locating at the airport to a meet with a developer. Contact with company has continued. School Tour and Broker/Lender Tour Staff is coordinating efforts for a student tour of the airport. Scheduled for May, the tour will consist of visiting various on-site faciliries, observing an airplane emergency demonstrarion, and receiving a certificate of completion for over 180 students participating in the program. In addition, preliminary plans are underway for a broker/lender tour. The tour is designed to familiarize the real estate and banking community of the benefits of locating at the Bakersfield Municipal Airport. Educational Partnershiv As part of our speakers program, students from Casa Loma Elementary School and Fairview Elementary School have heard presentations from representarives from the U.S. Air Force; Air Adventures West, a skydiving company; and Westar, an air ambulance company. Each presentation has received media coverage. In addition, various community newsletters have printed stories about the student program. The airport was transformed with the look of love in February. Over 30 students from Casa Loma School painted the windows at the airport restaurant with festive valentines. The event was , televised. Ct'T'Y tv;�;�iAu�:E�-e 19 P� r",t� :'� :�� 4'� �_ _ . _ News Releases Generated News releases were generated announcing each speaker scheduled as part of the "Careers In ', , Aviation" lecture series and window painting project at the airport restaurant. �. Beautiful Bakersfield Award Nominee The Bakersfield Municipal Airport is a nominee for the Beautiful Bakersfield Awards sponsored by the Greater Bakersfield Chamber of Commerce. The airport was recognized for the lOth annual event in the commerce category. The winner will be announced on April 1 at a live televised banquet at the Red Lion Inn. Trademark Approved Application of the "Bakersfield BusinessPort" logo has been approved and registered by the State of California Ofiice of the Secretary of State. The trademark depicts a plane with the words "Bakersfield" on the body of the plane. "BusinessPort" appears above the plane and the tail of the plane forms the "t" in "BusinessPort." The trademazk has been approved for use for 10 yeazs and is renewable. Airport�Subiect of "Bluenrints" The "Careers In Aviation" program will be the subject of the next issue of "Blueprints." The award-winning quarterly newsletter is produced by the Economic and Community Development Department and is distributed to over 3,000 businesses and residents. attachments cc: Alan Tandy � Larry Jamison Don Anderson David Lyman Andre Devereaux ayropcs,.m,r � � .o"'�'� B A K E R S F I E L D NEWS RELEASE For Additional Information: � Jake Wager, Economic Development D'uector February 2, 1993 FOR RELEASE: Immediately BAKERSFIELD MUNICIPAL AIRPORT GETS THE LOOK OF L�VE The Airpark Galley and Grill Restaurant is going to be a little more lovable on February 10. Some 30 students from nearby Casa Loma Elementary School will transform the windows at the eatery with "the look of love." Mrs. Carolyn Rambo's sixth grade class is participating in an educational partnership with the airport. Dubbed "Windows to the World," restaurant owner, Fred Lewis has agreed to allow the students to paint the windows for this year-long art projec� The Airpark Galley and Grill Restaurant is located at 2000 South Union Avenue. Students will start painting at 10:00 a.m. and should be completed in one hour. # # # Ciry of Bakersfield • Economic and Community Development Department 515 Truxtun Avenue • Bakersfield • California 93301 •, , � B A K E R S F I E L D NEWS RELEASE For Additional Information: Jake Wager, Economic Development D'uector February 2, 1993 FOR RELEASE: Immediately AVIATION TAKES FLIGHT IN CLASSROOM The Air Force Encourages Kids To "Aim High" Students at Fairview Elementary School will find out if they have the "right stuff' for a career in the Air Force. Sgt. Berney De La Cruz is a featured speaker in a program designed by the Bakersfield Municipal Airport to familiarize 6th graders on aviation careers. Fairview, along with Casa Loma Elementary School, is participating in an educational partnership with the airport, located at 2�0 South Union Avenue. "The `Careers In Aviation' program is an excellent way to encourage children to explore career alternatives," said Fairview Principal Bertha Boullion. Sgt. De La Cruz, originally from Corpus CYisti, Texas, has been in the Air Force for seven years. As an Air Force recruiter his formal training is in aircraft electronics. Active in civic organizadons such as the Hispanic Chamber�of Commerce, Rosedale Kiwanis, and the African- American Network of Kern County, De La Cruz has long been associated with the development of youth and is particularly interested in emphasis on math and science skills. There will be two presentations on Tuesday, February 9th at 10:00 and 11:00 a.m. at 425 East Fairview Road in the school library. ### City of Bakersfield • Economic and Community Development Department 515 Truxtun Avenue • Bakersfield • California 9330.1 . �, ,; � � B A K E R S F I E L D NEWS RELEASE � For Additional Information: Jake Wager, Economic Development D'uector February 8, 1993 FOR RELEASE: Immediately AVIATION TAKES FLIGHT IN CLASSROOM � The Air Force Major to Address Kids About Double Career Major John Keese of the Air Force Reserves will be talking to 60 students at Casa Loma Elementary School regarding his two careers as part of a"Careers In Aviation" lecture series sponsored by the Bakersiield Municipal Airport. The airport entered into an educational parmership with the nearby school to involve students in the activities of the airport. Major Keese became interested in aviation in college ROTC. He now serves as an Air Force Academy Liaison, charged with the review military candidates. A commercial pilot for American Airlines, Major Keese began his commercial flight career in 1989. Trained as a co-pilot of Boeing 737, DC-9, and DC-10 aircraft, his flight schedule includes locations such as Boston, Chicago, Dallas, Hawau, Miami, Montreal, New York, and Toronto. There will be one presentation on Wednesday, February 17th at 9:30 a.m. at 525 East Casa Loma Drive, classroom 13. # # # m City of Bakersfield • Economic and Community Development Department 515 Truxtun Avenue • Bakersfield • California 93301 � � ��-��` B A K E R S F I E L D NEWS RELEASE For Additional Information: Jake Wager, Economic Development Director March 1, 1993 FOR REI.EASE: Immediately AVIATION TAKES FLIGHT IN CLASSROOM ' Free Fall Described To Students Ever wonder what it would be like to jump from a plane at 12,500 feet and glide down under a colorful oversized parachute? Students at Casa Loma Elementary School and Fairview Elementary School will have an opportunity to find out from Bill Jones, owner of Air Adventures West, a skydiving company. Mr. Jones will be talking to students at the two schools as part of a"Careers In Aviation" lecture series sponsored by the Bakersfield Municipal Airport. The airport entered into an educational partnership with the nearby schools to involve students in the activities of the airport. Air Adventures West is a full-service skydiving company located in Taft that offers tandem, instructor assisted skydives, and solo skydives. The skydiving company will share the experience and thrill of accelerated free fall to the over 180 children participating in this Bakersfield Municipal Airport program. Two presentarions are scheduled for Monday, March 8th at 9:30 a.m. at Casa Loma Elementary School, 525 East Casa Loma Drive. The presentarion will be held in the school cafeteria. The second presentation will be at 10:45 a.m. at Fairview Elementary School, located at 425 East Fairview. The presentation will be held in the school cafeteria. � # # # City of Bakersfield • Economic and Community Development Department 515 Truxtun Avenue • Bakersfield • California 93301 ' �. • "44? dJT }A`' BOB PRICE MAYOR February 18, 1993 �tt� Df C�?��tEr°�tE� (t�Iiforitk� Ms. Shirlyn Davenport Beautiful Bakersfield Awards Greater Bakersfield Chamber of Commerce 1033 Truxtun Avenue Bakersfield, CA 93301 Dear Beautiful Bakersfield Committee, � w,-�muc. cmr ' ' � 1990 On behalf of the City of Bakersfield, it is my pleasure to support the Bakersfield Municipal Airport for the Beautiful Bakersfield Awards, commerce category. The purchase of the airport in 1985 was the first step in the City's Acquisirion and Development Plan which defines the airport facility as a key element in the transportation system serving southeast Bakersfield as well as the metropolitan area. In recognition of our runway improvement project, the airport was selected winner of the 1992 Tranny Award for Airports byJthe California Transportation Foundation: The objective of the City's airport plan is to provide general aviation facilities and services to meet the needs of Bakersfield and contribute to the total transportation system for the community. A key element in the recognition of the Tranny Award was the recent completion of one of -the newest public-use runways in California. At the time of purchase the Bakersfield Municipal Airport did not meet Federal Aviation Administration (FAA) design standards. To meet those standards, the City re-oriented the runway. A pilot-controlled lighting system was installed which includes runway lights and a precision approach path indicator. To save on airport operating costs, the taxiway was marked for night use with reflective edge markers. To accommodate future growth, the new parallel taxiway provides access to addirional parking areas, airport- based businesses, and corporate aviation facilities. The purchase and reconswction of the facility were financed with $8 million in FAA Airport Improvement Program (AIP) grants and nearly $900,000 in "matching fund" loans from Caltrans' Division of Aeronautics. The airport plan for the Bakersfield Municipal Airport projects 180 to 220 based aircraft and 75,000 to 115,000 take-offs by the year 2010. This fine facility is a valuable addition to the local, regional, and State transportation systems. 1501 Truxtun Avenue • Bakersfield, California 93301 • (805) 326-3770 , . , � Ms. Shirlyn Davenport February 18, 1993 Page 2 I have enclosed a photo of the original design of the runway along with a large framed photo of the current design for your review. Yours Truly, ,-, v�'�/ ��' �� !� Bob e Mayor � enclosure ad:ad3 avud.bb �+�� 1: piuuql � ,�%,, \\`/1`,d;�-��.; � . ..: �✓'�,> � � �z - ,,, :_ _,�,�,�,N��u,,,� ; � : i.y � �� _�;.f ��j1„�1 "�� 1`�� IIII �/4/////////lll • FROM: MEMORANDUM ALAN TANDY - CITY MANAGER LEE ANDERSEN - COMMUNITY SERVI �S SUBJECT: ESTABLISHING NON-RESIDENT FEE March 17, 1993 MANAGER - Over the past several weeks the Rcreation Division has been investigating the feasibility of establishing a non-resident fee for recreation programs. During the course of their research several factors surfaced that need consideration. First, how will we monitor who lives in the City and who doesn't. This can probably be handled by using a list of streets provided by the Planning Department. There will also be some confusion until staff is fully trained and the public has accepted this change in format. Another concern is how to establish the actual fee. There are several practical methods that can be used such as a flat fee or a percentage basis. A flat rate could range from $3.00 -$5.00 per activity for non-residents. Percentages could be based on how much is charged for the class, example: 1 - 50 - 150 51 - 200 - 10% 201 & Up - 50 Contact was made with several nther agencies to find out what their policies are. North of the River charges non-district fees for leisure classes, youth sports, aquatics and trips. They don't include adult sports because of difficulty in regulating. They currently charge on a percentage basis but are anticipating changing to a flat fee. Also, they do not strictly monitor the program. Fresno Parks and Recreation have a non-resident fee established but discontinued using the fees because it was a "nightmare to monitor" and required hiring additional staff to regulate. The City of Stockton Parks and Recreation only charge a non-resident fee for adult sports. They have a set team charge and an additional per player non-resident fee. , We have taken a sample from our past participants to get a percentage of how many participants in each program are non- residents. �.�,�rz= �-,. E �hown below is what the impact would be if a f�at rate Gf $5.00 was �harged. PROGRAM Swim Lessons Leisure Classes Youth Basketball �,dult Softball NON-RESIDENTS 360 a � o 7% 0 6° 0 $5 FLAT FEE $5400 $ 165 $ 55 $1440 $7060 Based on the above, I recommend we implement the non-resident fee in aquatics. The Recreation Division begins program advertising in mid-April, 1993, for aquatics signups that begin in early May, 1993. I would like to implement these changes for the 1992-93 program. We can include the n�w fee schedule with our aquatics fee proposal being submitted for C�uncil approval on April 14, 1993. Because leisure and youth classes would generate insignificant revenues, I recommend we not change their fee structure. Also, because the adult sports program would be difficult to monitor, I further recommend not implementing a non-residence fee until we have an opp�rtunity to evaluate the aquatics program. The non- resident fees may impact the number of people willing to participate and I would like time to evaluate that potential. I wauld appreciate your comments and suggestions on the abave. At your convenience, please contact me at Extension 3700. cc: Jim Ledoux, Recreation Superintendent Linda Robinson, Recreation Supervisor CITY Alameda Alameda County Albany Alhambra Anaheim Arcadia Azusa Baldwin Park Beaumont Bell Benicia Berkeley Brawley � Buena Park Burbank Butte County Calabasas Ceres Chico Chula Vista Claremont Compton Covina Cudahy Culver City Cupertino Daly City Dinuba Downey E1 Centro E1 Monte E1 Segundo Emeryville Fairfax Firebaugh Galt Gardena Gilroy Glendale Greenfield Guadalupe Hawthorne - �— - - League of California Cities PUBLIC WORKS OFFICERS SURVEY Utility User Tax March 9, 1993 RATE 5% 7� 5.5� 5$ 2� 5� 5$ 3� 3$ 10% 4� 6.5� 5% 3� 10% 5�/3$ 5% 5� 5� 5$ 5.5% 5� 6� 4$ 11� 2.4� 5$ 4$ 3$ 5� 7% 3% 3.5$ 4$ 10% 1.05� 4$ 5$ 8% 6% 5% 3.5� CITY Hercules Hermosa Beach Huntington Beach Huntington Park Indio Inqlewood Irwindale Irvine Lakewood � Long Beach Los Alamitos Los Altos Los Angeles Los Angeles Co. Lynwood Manteca Modesto Monterey Monterey Park Moreno Valley Morgan Hill Mountain View Oakland Orange.Cove Oroville Pacifica Pacific Grove Palo Alto P. V. Estates Paramount Pasadena Pico Rivera Piedmont Pinole Placentia Pleasant Hills ` Pomona Porterville Portola Valley Redding Redondo Beach Redwood City �, RATE 5� 10� 5% 3� 5% 10$ 7.5$ 1.5% 3$ 10� 6% 2.9% 10% 5� 6$ 10� 6g 5$ 3-5.5% 6$ 7.5� 3� 5.5$ 7� 5� 6.5� 5� 5% 10$ lo 12� 5% 2.5� 4% 4� 3$ 10-12� 4� 4$ 5$ 4.75% 5% \ . J _ . , ___ _ �_ . . �� _ Page 2 " CITY RATE Richmond 6� Riverside 6.5% Roseville �5$ Sacramento 7.5� Sacramento Co. 2.5� Salinas . , 5� Sand City 5� Sanger 5� San Bernardino 8� San Bruno 0.5� San Buenventura 5� San Francisco 5� San Jose 5� San Leandro 5� San Luis Obispo 5� San Marino 5� San Pablo 5� Santa Ana 5% Santa Barbara 3� Santa Cruz 7� Santa Cru2 County� 7� Compiled by: James A. Biery Director of Pub.lic Works City of South Gate CITY Santa Monica Santa Rosa Saratoga Seal Beach Seaside South Pasadena Stockton Sunnyvale Tiburon Torrance Tulare Vallejo Ventura Waterford Watsonville Westminster Whittier Winters Woodlake Woodland La Habra � RATE 9.5$. 5$ � 3.5� 5$ 4% 5$ 7.8% 6.5$ 7$ 6$ 6$ 7.5� 5$ 6� 6� 5% 4$ 5% 6$ 21$ 6% i� i c - �� \ \ �� ,.' Lon -Ran e g g Public Trans ortafion p S s tems Stud Y Y __ ___ .; . = � � �� Y �v=� .�i�� r �� . � .. . � �. �� .,_,. ,---, �ai- ," , ==; � • . �Tr � { ,. ' ,d��'::` .fu S F �ns ,:f r � f !: •' �i, .�l.,�i.t's� � : ,�' ;:��3`. �� f !!.. r/.�:�'� ��',a .'/.w.F' � i�i.� ' "{ dkif::%'� Golden Empire Transit District .,, : �� '., r � Public 7Yans ortation S stems Stud SYST`EM GOALS �c OBJECTI VES 0; Improve Ti�ansportation Service 0� Protect and Enhance Environment �� Conserve Energy Ox Maximize Social Welfare & Equity 0 Encourage Infill Development & Redevelopment 0, Maximize Financial Feasibility 0;, Maximize Community & Institutional Acceptance 0� Maximize Economic Efficiency PROJECT TASK� �� Public Involvement � Development of Alternatives ❑� Analysis of Real Estate Opportunities Dy Evaluation of Concept Alternatives +� � � �, Public 7i�ans ortation S stems Study PUBLIC I NVOLVE`MENT PROCESS Pl1.6LIC I NVOLVEMENT APPR�OACH Interagency Fixed Guideway Passenger Consortium (IFGPS) Major Interest Group Interviews � Targeted Decision-Makers STAG E I I STAG E I I General Public Survey Public Open Houses Optional General Public Survey STAGE III Community Organizations Transit Policy Committee (TPC) Meetings Interagency Management Committee (IMC) Meetings Technical Planning Committee Meetings District Advisory Committees Media ❑ffi Clear Roles and Definition 0� Involvement of All Affected Entities ❑ Use of Innovative Techniques ❑ Recognition that the Process Is Fair ❑; Timely Opportunity for Participation � �: Problem-Solving Approach Utilized 0� Flexibility Is a Virtue 0� Cpeatoon of Ownership/Consent - n ' i tL on Ra e :::::>::::»::>;;::::>:::::<::::<::::::::=:; :.:::.:.:::.::.::.::.::::.:::.::.::::.::::.::.::.::<.;:.,:.;:.;:.;:.::;,:.:;.;;::.::.:::::;:.::.;:.:;.::.::.::.;:.;:.:::.;:.;:.:.:.::;;;;:.;;:.;;;:.;:.;:;:.;:.::.;:.::.>:.;:.>:.::.:::.:.;:<.;:;.::.;;:<.::<.:.:.::.:«;.;;:.;;:.::.:;.; :;:.;:.;.;:::;.:.:.;:.:.;:.;:.:,;:.;:.;;:;::.;:.;:.::.;:.;;:;.;:.::.;:.::.;:.;;;::;.:;:.::.;:<.:«««.:.:::;.;:<:<.;:.;:.::.::.;:.;:.:;:.;:.:.;;;;:.:.:.:.:;;.::.::;; GEl Distr c 9 9 s Stud ..�� rtation S stem s o I' Tran ;::::::::;:Pub ic P Y Y 1992 1993 PROJECT PHASES Jun. Jul. Au . Se t. Oct. Nov. Dea Jan. Feb. Mar. A r. Ma Jun. Jul. 1. Public Involvement 1.1. DesignSurvey ------------------ � 1.2. Inteview Major Interest Groups --------- Project to be completed by ---- 1.3. Conduct General Public Suroe the end of July 1993. Y------------- �� 1_4. Develop Technical and Policy Reports _ _ _ _ _ _ _ _ _ _ _ _ _ _ � = Milestones • = Deliverables 2. Development of Alternatives 2.1. Analyze Land Use and Travel Patterns _____ 2.2. Identify Transportation Options _ _ _ _ _ _ _ _ _ � 2.3. Identify/Assess Potential Corridors _ _ _ _ _ _ _ _ _ _ _ � ' 2.4. Analyze Demand Characteristics _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ � , ,; 2.5. Report on Technology Options _ _ _ _ _ _ _ _ _ � -------- � 2.6. Develop Alternative Sketch Plans _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ = 2.7. Design/Implement Public Involvement Program_ 3. Analysis of Real Estate Opportunities � 3.1. IdentificationofRights-of-Way---------- --- ------------ --- ---------------- ,' 3.2. Assessment of Environmental Impacts_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ � • 3.3. Development of Real Estate Policies_ _ _ _ _ _ _ _ _ _ _ _ _ _ - - - ::,< 3.4. Development of Procedures - - - - - - - - - - ------- - ----- ----- ------- ------- - -- - - - - - - - - - - - - - - - - - - - � 4. Evaluation of Concept Alternatives - � 4.1. EstablishEvaluationMatrix ___________ ___ ___ ____________ ___ ___ ________ ___ � 4.2. Implement Public Involvement Program _. _ _ __ _ _ _ _ _ _ _ _ _ _ _ _ � . ' 4.3. Evaluate/SelectCandidateAlternatives_____ ___ ___ ________ ___ ___ ____________ ___ 4.4. UpdateCost/Demand/Revenue/OperationsDat --- --- -------- --- --- --- -------- --- -------- ; 4.5. DevelopFundingPlanandSchedule______ ___ ________ ___ ___ _______ ___ ___ ____________ � _ � 4.6. PrepareFinalReport -------------- ---- -- --- --- -------- --- --- ------------ --- --- PaRSOn►s Pro "ect Schedule BRINCKERHOFF I ,, Public Tiransportation S�/stems Stud �� ,� . ENVfRONMENTAL I SS-UES 0� Land Use Compatibility �: Neighborhood/Community Impacts ❑ Noise � Vibration �� Visual Impacts 0� Air Quality 0 Tlraffic Circulation �: Economic ��; Floodplains/Wetlands Q�: Growth Inducement �� Soils Contamination 0� Fler�/��una ., -:� � � Public 7i�ans ortation S stems Stud COsMMIlTER° R�1JL ALTE�RNATI VE`S r.. eti�pe. ' /\ � s Studied fation Locations � :, ' Public Trans ortation S stems Stud LIGHT RAI'L TRjANSI T(LR`T" ' ALTERNATI VES _ _ 1 \ I ,. y � _ - -r- • Chester / Truxtun "Amtrak" • 19th / Chester • 24th / Chester • Oak Street • F Street a a D � S � . m a � a m � 0 3 w � 0 � m O a LEGEND � d � � f �� Priorities � Alternatives Studied O Potential Station — Locations C, _ � .) PE�ER Cl T1`E�S Public 7i�ans ortation S stems Stud POPULATION S�ZE OF LIGHT RAIL CURRENT RIDERSHIP ''^' SYSTEM FLEET SYSTEM MILES Urbanized Service Bus Rail Current 1st Seg. Planned Bus Rail Area Area Santa Clara Counry Transit District 1,400,000 1,100,000 512 50 2p 8 100 FY92 £ San Jose, CA �snisroric Annual: 10,100,000 6,000,000 trolleyfleet) Weekday: 140,000 20,000 San Diego Transit Corp. (MTS) 2,300,000 1,400,000 356 — — — — Annual: 34,000,000 — ' Weekday: 110,000 .�� North San Diego County Transit 2,300,000 650,000 140 — — — — �91 — � Development (NCTD) Annual: 11,000,000 .� — FY 91 �-z San DiegoTrolley Inc. 2,300,000 1,500,000 — 71 34.2 16 75 ,,<� A n n u a l: 17 , 600 , 000 :<= %,'? Avg. Daily: 48,000 `�� San Diego Regional 2,300,000 1,900,000 85 — — — — �91 '� Transportation Service (SANDAG) Annual: 8,200,000 ��rc '�:� (+4 small suburban systems " � �� comprise SANDAG) Niagara Frontier Transit System 950,000 1,200,000 369 27 6.4 same same FY92 8,600,000 �; Buffalo, NY (e�a�o- Annual: 23,000,000 ;;�� Niagara Falls) w 7�; Sacramento Regional Transit District 1,000,000 950,000 203 36 15.3 12 100 FY92 5,700,000 ;:�:� Annual: 14,000,000 :� � �� Tri-Counry Metropolitan - Portland, OR 1,100,000 1,200,000 600 27 15 15 32.5 FY92 7,800,000 ;;:� Annual: 49,000,000 ;'� ��_� :::;5 Capital Metropolitan Transit Authority 600,000 600,000 334 26 — 13.7 94 FY91 — `>� Austin, TX 26,000,000 K ��, Planned Light Rail '�°# , � � � � ~�.�. � � >..��w.�wu...�:�...�..� �:�:M.��v� ._�..._�:c�� t.. ��,,n��"r�i� <,�,�.,„�,..."�,"��z.�'.�...,�. ,...�h>.,.�.:u. �,,,�.:.,,i:,, a,...,,� :w._.,..<.�,..w .:;m. � .,,.,..�„_�,�.� w �..:.m. ��: .�� .c,'�`krati � :........... . ...�>,.,,..,,_.,...,.:.�,, v..,.....,..�..�tm:.:� ..�......x>... .� .M__...... ._. _.....,,. a; `-, ,. -� � }. B A K E R S F I E L D MEMORANDUM March 25, 1993 T0: ALAN TANDY, CITC��' -' ER FROM: JOHN W. STINSON, ASSISTANT CIT'f MANAGER SUBJECT: ADDITIONAL LEAVE GRANTED TO CITY ATTORNEY DUE TO ILLNESS City Attorney Larry Lunardini began a leave of absence due to his illness on March 10, 1993. He has been using a combination of various Sick Leave, Uacation and Administrative Leave to continue his regular compensation. The approximate total of leave available to him is about 20 days or 4 weeks equivalent. There � is a concern that his recuperation may extend beyond this amount of time and there needs to be a decision made on how his compensation would continue beyond that point. - I met with Judy Skousen Acting City Attorney regarding this matter and we reviewed the City Attorney's contract and discussed this issue. The contract provides for vacation and benefits to be accrued by the same rules as other employees in the Management Group. It also provides for the authorization of additional Administrative Leave by the City Manager. I would recommend that you authorize additional administrative leave up to thirty (30) days beyond the exhaustion of his accrued leave in order to provide continued compensation and benefits until the City Attorney is able to return. You may wish to notify the City Council of your action in order to keep them informed of Larry's status. Please let me know how you would like to proceed. I have attached a copy of the City Attorney's Contract for yaur information. G ��I�'�i � � i. " f._ ,,��'�� =_ ,, :_ \� _:�w' mdim.., � __ i ' `��y\;�` `� � ,t:.��; NI��r1AORANDUM March 8, 1993 TO: STAFF MEMBERS, CITY ATTORNEY'S OFFICE FROM: LAWRENCE M. LUNARDINI, CITY ATTORNEY ��' SUBJECT : ABSffi�iCE FR�I OFFICB Effective Wednesday, March 10, 1993, I will be on at least a four-week and possibly an eight-week medical leave of absence. In my absence, Judy Skousen, Chief Assistant City Attorney will be acting City Attorney. T.MT, : f et Office\Bbsence\Mem cc: Department Heads. � ■ r� � acx��T xo. 90-280 CITY ATI'ORNEY'S CONTRACT THIS AGREEt+�NT, is made and entered into onDec�nber 19> 1990, by and between the CITY OF BARERSFIELD, a municipal corporation. liereinafter called "EMPLOYER," and LAWRENCE M. LUNARDINI. herein- after called "EMPLOYEE." � R E C I T A L S - Wi3ERE�,S, EMPLOYEE has worked as an attorney for twenty- two ( 22 ) years, the last six ( 6) of which as a Deputy City Attorney f�r the City of Sacramento; and WHER.EA.S . and qualifications Bakersfield; and EMPLOYEE represents that he has the experience to be the City Attorney for the Cit� of WHEREAS, Section 34 of the Charter of the City of Bakersfi:eld provides that the City Council shall appoint the City Attorney and the City Manager; and - W��REAS, ENlPLOYER'S relations with its City Manager are governed by contract between them and the Council desires to establish by contract similar relations with EMPLOYEE as City Attorney; and � W�REAS, it is the desire of the Council to provide certain r�*�efits and establish certain terms and conditions of employment, all as set forth herein. NOW, THEREF�RE, in. consideration of mutual covenants herein contained, the parties agree as follows: SECTION 1. DUTIES • City Council hereby agrees to employ EMPLOYEE as City Attorney of the City of Bakersfield to perform the functions and duties specified in the Bakersfield City Charter, the Bakersfield Municipal Code and Administrative Rules and Regulations as the same prese.ntly exist or may hereafter be amended, and to perform other legally permissible and proper duties and functions consistent with the dignity of the Office of City Attorney as Council shall from ti.�ne to time assign. � S�rTION 2. �� A. The term oi this Agreement shall be from the date of execution by the parties until terminated by either� party in accordance with the provisions set for.th herein. During the term of this Agreement, EMPLOYEE shall be a full-time City Attorney. B. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of Council to terminate the services of EMPLOYEE, at any time, at the sole discretion of Council, as provided in Seetion 37.5 of the City Charter. However, it is understood and agreed that such a termination shall cause EMPLOYEE damages which at the inception hereof are incapable of calculation and, therefore, as liquidated damages, and not as a penalty, any termination pursuant to this section shall require the payment by EMPLOYER of twenty-five percent (25%) of EMPLOYEE's annual salary and benefits. An additional forty-five ( 45) calendar days of such severance pay shall be paid EMPLOYEE if EMPLOYEE's services are terminated within sixty (60) days of a Council election. C. Nothing in this Agreement shall prevent, limit, or otherwise interfere with the right of EMPLOYEE to resign at any time from his pasition with the City, provided EMPLOYEE gives thirty (30) days written notice to EMPLOYER prior to the effective date of resignation. SECTION 3. �� A. EMPLOYEE's base salary shall be established within the range of the following salary schedule: Step,l -- $74,519.00 Step 2 -- $78,246.00 Step 3 -- $82,159.00 Step 4 -- $86,270.00 `Step 5 -- $90,584.00 H. EMPLOYER agrees to pay EMPLOYEE for services rendered as provided herein a beqinning annual base salary at Step 2, payable in installments at the same time as other employees of the City are paid. In addition, EMPLOYER agrees to adjust said salary schedule and/or other benefits of EMPLOYEE in such amounts and to such extent as the Council may determine to adjust, across the board, the salary schedules of employees in the City's Management Group. � - 2 - � �ECTION 4. PENSION EMPLOYER agrees t� pay for the EMPLOYEE's portion of the contribution se��en percent (70) to the Public Emplayees Retirement System. � SECTION 5. > � HEALTA INSURANCE EMPLOYER agrees to provide EI�LOYEE with the same health, dental, optical and life insurance coverage as is provided other employees in the City's Management Group. SECTION 6. AUTOMOBILE EMPLOYER shall each month pay EMPLOYEE as an automobile allowance that amount paid other departtnent heads of the City. SECTION 7. 0 E�;��'�:�� A.. EMPLOYEFt agrees to budget and to pay the protessional due5 and subscriptions of EMPLOYEE reasonably *�ecessary for his continuation and full participation in tiational, regional, state and local associations and organizations neeessary and desirable for his continued professional participation, growth and advancement or for the good of this City. , B. EMPLOYER hereby agrees to budget and to pay the travel and subsistence expenses of EMPLOYEE.for official travel, meetings, and oecasions reasonably adequate to continue the professional development of EMPLOYEE and to reasonably pursue necessary official and other functions for City, including but not limited to national, regional, state and local conferences, governmental groups and committees thereof which EMPLOYEE serves as a member. . - 3 - . SECTION 8. MO�IINC EXPENSES �MPLOYEE shall obtair� three �stimates from licensed movers. The City accept the lesser of the three estimates and EMPLOYEE will arrange.to move household goods from Sacramento, California to Bakersfield, California. EMPLOYER shall reimburse EMPLOYEE for actual amounts paid to said mover for packing, crating, transportation and unloading of household goods. SECTION 9. VACATION AND SICR LEAVE EMPLOYEE'� accumulation of, use oi and pay-off for vacation and sick leave shall be governed by those rules and regulations in effect for empleyees in the Management Group. Except that EMPLOYEE shall accumulate vacation leave at the rate of fifteen (15) days per year beginning the first year of employment. SECTION 10. � . ADMINISTRATIVE LEAVE EMPLOYER agrees to provide EMPLOYEE with ten (10) days �f annual administrative leave. Additional administrati�e leave inay be authorized by the City Manager. Unused administrative leave can neither be reimbursed nor carried over to the next year. SECTION 11. � PERFORM�,NEE EVALUATION The Council shall review and evaluate the performance of EMPLOYEE each February and August._ In recognition of accomplish- ments of objectives and performance, a merit step increase'may be granted in February of 1992 and annually thereafter. - 4 - :S SECTION 12. DISABILITY I� EMPLOYEE is permanently disabled or otherwise unable to perform his duties because of sickness, accident, injury, � mental incapacity or health for a period of four successive weeks beyond any accrued sick leave, Council shall have the option to terminate this Agreement, and, if EMPLO`�EE's disability.does not qualify for compensation under the State Workers' Compensation law, EMPLO�c'EE shall receive the severance pay requirements of Section 2, Paragraph B, and any accrued sick leave, vacation, holidays, and other accrued benefits except as limited by Section 9. SSCTION 13. • .t:�' :�' � � � • • � :� �• • �:� A. The Council,.in consultation with EMPLOYEE, shall fix any such other terms and conditions of employment, as it may determine from time to time, relating to the performance of EMPLOYEE, provided other terms and conditions are not inconsistent or in conflict with the provisions of this Agreement, the Citg, or any other law. _. B. Fringe benefits and working conditions applicable generally to employees in the City's rsanagement Group, as such rules now exist or hereafter may be amended, shall also apply to EMPL�YEE except where such fringe benefits and working cot�ditions are contained in this Agreement or are inconsistent with the terms contained herein. SECTION 14. Gffi�iERAL PROVISIOTTS A. The text herein shall constitute the entire Agreement between the parties as to the subject matter hereof. B. This Agreement shall be binding upon and inure, . where applicable, to the benefit of the heirs at law and executor of EN�LOYEE. C. This Agreement shall not be assigned or subcontracted by either party without the consent of the other party. Consent may be denied for any reason or no reason, D. Should any provision, section, or subsection of this Agreement be declared invalid or�unenforceable by any court of competent jurisdiction, such ruTing shall not affect any other - 5 - __ . � , � � provision hereoi, and the unaffected provisions shall remain in full f orce and ef f ect . E. This Agreement may be amended only in writing. SECTION 15. - , NOTICES Natices pursuant to the Agreement shall be given by deposit in the custody of the United States Pastal Service, postage prepaid, addressed as follows: EMPLOYER: City Council of the 1501 Truxtun Avenue � Bakersfield, CA 93301 � F.1�LOYEE: Lawrence Lunardini City Attorney 1501 Truxtun Avenue Bakersrield, CA 93301 Alternatively, notices required pursuant to this Agreement may be perscnally served in the same manner as is applicable to civil judicial practice. Notice shall be given as of the date of_personal service or as of the date of deposit of such written notice in the course of transmission in the United States Postal Service. � ----------�Oo---------- � 6 - IN WITNESS WI�REOF, the parties hereto have caused this �greement to be signed and executed in its behalf by the Mayor and duTy attested by the City Clerk, and F.N�LOYEE has signed and executed this Agreement the day and year first-above written. APPROVED AS TO FORMs gy �-� � S Assistant City Attorney COUNTERSIGNED: By ��L�L/ i� � e Finance Director RMS/meg ATTORNEY.K-2 12/18/90 „EMPLOYER" CITY OF BAR�S�'�,'R�D gY (,L ' �/2-�.(��1�`—/i CLAFc�ICE E . MSDDL�,.�S � Mayor � nEMPLOYEE" By �%�%��"�� LAWRENCE LUNARDIIJI � . _ ., _ A � ___ , � �;; - - I �Y, yll�,rll'r✓+w�a:-i �: " �! =— �� .�� c • "_ _ � �a -► _ ' �� — �� i ��a __�, t,�;�� ,,, MEMORANDUM T0: MIKF KENNEDY, DATA PROCESSING FROM: GIL ROJAS, ASSISTANT FINANCE DIRECTOR � SUBJEC.T: CITY ATTORNEY'S CONTRACT FEBRUARY 7, 1991 AS Stipulated by Agreement No. 90-280, Section 9, Vacation and Sick Leave, the City Attorney is to accrue three week5 vaGation immediately and thereafter be govern bv those �eleslea�serupdatelyourlvacateon a�cruedlprogramnto the manaaement aroup. Therefo , P accommodate this exception. If you have any questions, please call Jon Ellis at extension 3031.. Thank you. krc E:M.JE6 Attachment ,