HomeMy WebLinkAbout10/07/05 B A K E R S F I E L D
CITY MANAGER'S OFFICE
MEMORANDUM
October 7, 2005
TO: Honorable Mayor and City Council
FROM: Alan Tandy, City Manager /~7-/_,/,
SUBJECT: General Information
1. Fire staff has been successful in obtaining grant funding for retrofitting 10 of our
stations for fire engine exhaust removal. The cost will be approximately $264,000,
with the grant covering 80%. The balance will be incorporated into the CIP budget
for next year. A press release is enclosed.
2. The list of employee High Five Awards for the third quarter of 2005 is enclosed.
Congratulations to all those who were recognized for going above and beyond
what is required in their work efforts.
On a related note, the annual Excellence in Action employee awards presentation
will take place at the November 9th Council meeting.
3. Responses to Council requests are enclosed, as follows:
Mayor Hall
· Future disaster planning and preparation drills are to include all appropriate
public and private agencies;
Councilmember Benham
· Citizen inquiry regarding a cable rate increase;
· Staff follow up regarding a prior noise issue at a business at 2520 Brundage
Lane;
· Status report on plans for an emergency preparedness workshop;
· Pothole repair on the Oak Street overpass;
· Staff report on additional programs for McMurtrey Aquatics Center;
Councilmember Couch
· Plan for synchronization of traffic lights on Buena Vista Avenue and Ming and
additional Ming Avenue locations;
· Status report on the efforts to install a traffic signal at Allen and Palm;
· Actions to implement an "Adopt a Bench" program at a citizen request;
· Supplemental documents to the proposed water agreement with Shafter;
Honorable Mayor and City Council
October 7, 2005
Page 2
Councilmember Sullivan
· Status on installing a "Not a Through Street" on Bathhurst;
· Repair schedule for Westhaven and Flicker;
Councilmember Scrivner
· Staff actions to enforce the ordinance to prohibit ice cream vendors selling near
schools.
AT:rs
cc: Department Heads
Pamela McCarthy, City Clerk
BAKERSFIELD FIRE DEPARTMENT
Ron Fraze Doug Greener
Fire Chief Public Information Officer
(661) 326-3911 (661) 326-3688
Fire Department Headquarters Fire Department Training
2101 H Street 5642 Victor Street
(661) 326-3911 (661) 399-4697
PRESS RELEASE
For Immediate Release * For Immediate Release * For Immediate Release
Bakersfield. F~RE Department receives funding .from
the U.S. Dept. of Homeland Security
The Bakersfield FIRE Department has received a grant .of$211,000 fi.om the 2005 Assistance to Firefighters
Grant Program administered by the U.S. Department of Homeland Security.
The Assistance to Firefighters Grant Program assists urban, suburban, and rural fire departments throughout the
United States. These funds increase the effectiveness of firefighting operations, firefighter health and safety
programs, new fire apparatus, emergency medical service programs, and fire prevention and safety programs in
local departments.
Bakersfield Firefighters will use the funding to protect themselves and the public against exposure to contact
with carcinogens present in diesel exhaust fumes generated by City firefighting apparatus. Bakersfield
Firefighters responded to over 23,000 calls for assistance last year on heavy, diesel powered fire apparatus.
The grant will assist the Department in purchasing and
installing specialized vehicle exhaust removal systems
~.:: ;,~. designed to meet OSHA, NIOSH and NFPA standards for
ten (10) of thirteen City Fire Stations. These systems are
!~ also designed with special filters that reduce exhaust
particulate dispersal hlto the atmosphere, which helps
protect the local environment as well.
For more information on the grant program or the USFA,
contact the Grants Program Office at 1-866-274-0960 or
email FIREGRANTS('q_,dhs. gov.
Contact: Battalion Chief Doug Greener, PlO @ (661) 326-3688 or 706-3688 for additional information.
B A K E R S F ! E L D
OFFICE OF THE CITY MANAGER
MEMORANDUM
October 6, 2005
TO: Honorable Mayor and City Council
FROM: Rhonda Smiley, Administrator
Employee Incentive Committee
SUBJECT: Employee Incentive Program
The Employee Incentive Committee is happy to provide the list of High Five Award
recipients for the third quarter of 2005. The winners of the random drawing are noted in
bold. All of these individuals were recognized by their peers, supervisors, or members
of the public for exceptional work and/or customer service.
Each recipient is automatically inducted into the "High Five Club" for the fiscal year, and
is also recognized monthly on each department's communication board and on the
City's intranet page.
We applaud these individuals for a job well done!
Attachments
2005 HIGH FIVE AWARD
July
Nominee Title Dept Date Nominated by Comments
1 Aguilar Abel Svc. Maint. Wrkr Rec & Parks 7/21/2005 Dianne Hoover Promptly trimmed trees when asked.
2 Bell John Bldg. Insp. III ~Dev. Svcs 7/26/2005 Jack Hi(jhfill Went above and beyond to hell~ a fellow employee on his own time.
3 Bice Robin Clerk Typist PD 07/18/05 Amy Powers Showed leadership, excellent job knowledge, attitude and interest.
4 Blair Coleen Clerk Typist Rec & Parks 07/14/05 Holly Larson Very helpful with pool parties and park reservations.
5 Cherry Jim En(jineer Fire 07/22/05 John Weber Unselfish; hard worker; outstandin(j work helping a citizen.
6 Choate Wendell Maint. Cdtwrkr I Rec & Parks 07/15/05 Holly Larson Huge help getting Jastro and MLK pools re-opened on time.
7 Dragoun Scott En(jineer Fire 07/22/05 John Weber Outstanding work helping out a citizen.
8 Duran Esther Inspector ~Fire 07/06/05 Tricia Richter Has a "can do" attitude; (jo above and beyond; ensured safety on July 4th.
9 Dye Sean Trades Tech Rec & Parks 07/07/05 Chris Lundie Worked extremely hard in preparin(j Planz Pool for openin(j.
~o Faires Eddie Bldg. Insp. II Dev. Svcs 07/26/05 Jack Highfill Went above and beyond to help a fellow employee on his own time.
11 Farley Darrick Maint. Crftwrkr I Rec & Parks 07/15/05 Holly Larson Helped get MLK pool repaired and reopened quickly.
12 Fick Kelly Secretary Clerk 07/14/05 Roberta Gafford Very motivated with little supervision.
13 Fick Mark Supervisor II Pub Wks 07/15/05 Holly Larson Great help offerin(j expertise, staff and equipment to (jet MLK up and running.
14 Forbes Philip Net. Sys. Tech IT 07/13/05 Rhonda Smiley Resolved a last minute conflict; provided valuable assistance.
15 Goddard Jeff Bldg. Insp. II Dev. Svcs 07/26/05 Jack Hi(jhfill Went above and beyond to help a fellow employee on his own time.
16 Gor~z,~les Charmaine Clerk Typist' PD 07/27/05 Robin Bice Positive attitude; enthusiasm for job; adapts to. new rules and procedures well.
17 Gonzales Joe B. Supervisor Rec & Parks 07/14/05 Holly Larson Got his staff to assist aquatics staff in getting pools ready for opening.
18 Graviss Chuck Maint. Crftwrkr I Rec & Parks 07/15/05 Holly Larson Big help in gettring MLK pool back up and runnin(j quickly.
19 Habte NAta~ha Prg. Leader Rec & Parks 07/19/05 Dawn Loveless Always (joes the extra mile to keep McMurtrey clean and (juests smiling.
20 Hannon Tony Officer PD 07/21/05 Amber Lawrence Rec'd a commendation from Westside Substation Captain.
21 Iturralde Marissa Clerk Typist HR 07/20/05 Amber Lawrence Helped citizen ~let needed info; great attitude and customer service.
22 Judson David Tech. Svcs. Supr IT 07/13/05 Rhonda Smiley Tremendous help handling all technical aspects of State of the City presentation.
23 Lawrence Pam Deputy Clerk Clerk 07/14/05 Roberta Gafford Can always be counted on to make sure matters (jet handled, and well.
24 McVicker Linda Supervisor II Rec & Parks 07/21/05 Dianne Hoover Organized and implemented the Beale Band concerts this summer.
25 Munoz steve Engineer Fire 07/22/05 Iohn Weber Outstandin(j work helping out a citizen.
26 Nousch Tanya Clerk Typist PD 07/18/05 Amy Powers Shows continuous support to co-workers; team player.
27 Perkins Cheryl Treasurer Finance 07/14/05 :lhonda Smiley Always courteous and informative, and goes the extra mile.
28 Pollard Larry Bldg. Insp. II Dev. Svcs 07/26/05 Jack Hi(jhfill Went above and beyond to help a fellow employee on his own time.
29 R~yA Lo~alne 'Clerk Typist Clerk 07/14/05 Roberta Gafford Flexible; helps out in CM office; ea(jer to help everyone.
30 Rimmer John Firefighter Fire 07/22/05 John Weber Outstanding work helping out a citizen.
31 Rivera Marcos Aquatic Spec Rec & Parks 07/27/05 Holly Larson Rescued a (jirl at Siemon pool; family of ~lirl sent letter of appreciation.
32 Rosales .aura Facility Worker Rec & Parks 07/13/05 Linda McVicker Hu(je asset with Beale Band concerts; goes the extra mile for customers.
33 Sal~r Jose Tree Maintainer II Rec & Parks 07/21/05 Dianne Hoover Promptly trimmed trees when asked.
34 'Sousa Frank Bldg. Insp. II Dev. Svcs 07/26/05 Jack Hi(jhfill Went above and beyond to help a fellow employee on his own time.
35 Tallant Tony Svc. Maint. Wrkr Rec & Parks 07/21/05 Dianne Hoover Promptly trimmed trees when asked.
36 Underwood Steve Inspector Fire 07/06/05 Tricia Richter Has a "can do" attitude; go above and beyond; ensured safety on July 4th.
~7 Webb Curtis Engineer Fire 07/22/05 John Weber Outstanding work helping out a citizen.
38 Wolf Greg Ind. Waste Insp. Pub Wks 07/22/05 Wen-Shi Cheung Cooperates and assists others willingly; team player; positive attitude.
2005 HIGH FIVE AWARD
August
Nominee Title Dept Date Nominated by Comments
1 Albertson Kevin Engineer :ire 08/01/05 Bill Ballard Worked on a major project on own time; saved the City money.
2 Alonso Linda Clerk Typist II PD 08/23/05 Cathy Kibbe¥ Worked very hard to keep things caught up. during very busy time;
3 Anderson Kevin Pro(jram Leader Rec & Parks 08/02/05 Patrisha Jones Has done an amazing job,with maintenance at McMurtrey.
4 Bateman Andi Laborer Rec & Parks 08/19/05 Dianne Hoover Helped with every aspect of Rockin' by the River.
s Bennett. Karen Crime Prev. Supr PD 08/29/05 Anonymous Very hepful arrancjling BPD explorers to help with Rockin' by the River.
s Bla¥ ;Randy Svc. Maint. Wrkr Rec & Parks 08/19/05 Dianne Hoover Worked behind the scenes with Rockin' by the River.
7 Bloomer Mike Firefighter Fire 08/01/05 Bill Ballard Worked on a major project on own time; saved the City money.
8 Cashi Debble ~Accounting Clerk I PD 08/03/05 E. Agerton Went above and beyond with another employee; always helpful and kind.
9 Castro Victor Facility Wrkr - T Rec & Parks 08/02/05 Patrisha Jones Has done an amazing job with maintenance at McMurtrey.
10 Cecil Jeff PD Lab Tech PD 08/23/05 Cathy Kibbe¥ Worked very hard to keep things caught up during very busy time.
11 Cueto Jesus Laborer - T Rec & Parks 08/19/05 Dianne Hoover Assisted with setting up Yokuts Parks for Rockin' by the River.
12 Darnell Tom Eng. Tech II Pub Wks 08/25/05 Kelly Fick AlwayS helpful; takes time to answer questions.
13 Dorsey Ed Dir. Of Booking '! Arena 08/30/05 Lorraine Reza Always.goes the extra mile; asset to the City.
14 ~ Sean Trades Assistant Rec & Parks 08/09/05 Beigher Taylor Gives a great impression of the City while interfacin~ with other agencies.
15 Ernst Mary Svc. Maint. Wrkr Rec & Parks 08/19/05 Dianne Hoover Made sure Rockin' by the River performers were well taken care of.
is Estrada Don Maint. Crftwrkr I Rec & Parks 08/19/05. Dianne Hoover Went out of his way to make sure stage was ready for Rockin' by the River.
17 Feola Christopher Officer PD 08/03/05 Janet McCrea Went the extra mile to help HR obtain critical information.
18 Fick Mark Supervisor II Pub Wks 08/29/05 Anonymous Went out of his way to help with Rockin' by the River, among other activites.
19 Flores Juan Laborer Rec & Parks 08/19/05 Dianne Hoover Assisted with clean up at Rockin' by the River.
20 Fors~the Sandra Secretary I Rec & Parks 08/19/05 Maria Mojica Patient and professional; helped with a common project.
21 Frausto Deanna Clerk Typist II PD 08/03/05 E. A~erton Always helpful; joy to work with.
22 Gafford Roberta Asst. City Clerk Clerk 08/05/05 Pam McCarthy Always helpful; assumes duties without being asked.
23 Gill Parminder Network Sys An IT 08/05/05 Pam McCarthy Solved a problem, which greatly aids staff.
24 Graviss Chuck Maint. Crftwrkr I Rec & Parks 08/19/05 Dianne Hoover Went out of his way to make sure stage was ready for Rockin' by the River.
08/30/05 Holly Larson Huge help with all pools and setting up for Rockin' by the River.
25 Hill Sherrie PD Lab Tech PD 08/23/05 Cathy/Kibbey Worked very hard to keep things caucjht up during very busy time.
2s Hoggatt Don Park/Lndscp Des Pub Wks 08/18/05 Alan Tandy Exceptional work ethic; completed important project in a timely manner.
27 Hollingsworth Steve GS Supt Pub Wks 08/18/05 Rhonda Smiley Went out of his way to ensure a Council presentation was handled well.
28 lamison Rebecca Bus. Manager Rec & Parks 08/25/05 Sandra Forsythe Helps without bein~l asked; excellent supervisory skills; dedicated to her job.
29 Larson Holly Supervisor II Rec & Parks 08/19/05 Dianne Hoover Helped with every aspect of Rockin' by the River.
3o Lovelace Dawn Prg. Coordinator Rec & Parks 08/19/05 Dianne Hoover Worked the parking detail for Rockin' by the River.
3,! Lyons Terry Encjineer !Fire 08/01/05 Bill Ballard Worked on a major project on oWn time; saved the City money.
32 Morales Ignacio Code Enf. Officer Dev. Svcs 08/11/05 D. Paquette On own initiative, ordered supplies for new hires; has principles of teamwork.
33 Moreno Trinidad Laborer - T Rec & Parks 08/19/05 Dianne Hoover Assisted with setting up Yokuts Parks for Rockin' by the River.
34 ~uckett Carrie Clerk Typist I PD 08/17/05 C. Farnsworth Went the extra mile to complete a project left over from another shift.
35 Reyna Noe Captain Fire 08/01/05 Bill Ballard Worked on a major project on own time; saved the City money.
36 Reza Lorraine Clerk Typist I Clerk 08/01/05 Pam Lawrence Helped fellow employee complete a major project in a timely manner.
08/18/05 Roberta Gafford Helped fellow employee complete ,a project in a timely manner.
37 Stokes Becky PD Lab Tech PD 08/23/05 Cathy Kibbey Worked very hard to keep things caught up during very busy time.
38 Taylor Beigher,,, Supervisor I Rec & Parks 08/19/05 Dianne Hoover Helped with every aspect of Rockin' by the River.
Underwood Brad Operations Mgr Pub Wks 08/18/05 Rhonda Smiley Went out of his way to handle important details for Council presentation.
Wade Destinie PD Lab Tech PD 08/23/05 Cathy Kibbey Worked very hard to keep things c.aught up during very busy time.
2005 HIGH FIVE AWARD
September
Nominee Title Dept Date Nominated by ~omments.
1 Adams 'Joe Captain Fire 09/15/05 Ron Fraz~ Assisted a property owner after a collision.
2 Alejandre Bemardo I~horer Rec & Parks 09/12/05 Holly Larson Big help !n completing the lockers for McMurtrey.
3 Avila Vicki Pk Svc Teci~ Rec & Parks 09/02/05 Sandra Forsythe Great asset to depart.merit; takes her job seriously.
4 Ayala Jess Maint. Crftwrkr I Pub Wks 09/08/05 Sam Memado Assisted with sprayparks; completed all on time.
09/15/05 Brad Underwood Showed outstanding teamwork with large project.
09/28/05 Rhonda Smiley Saved C!ty time and money on Beale Spray Park project.
5 Barnhard Rhonda Bus Manager EDCD 09/20/05 Kelly Fick Went the extra mile to help complete a project.
6 Bell Kevin Maint. Crftwrkr I Pub Wks 09/15/05 Brad Underwood Showed outstanding teamwork with large project.
7 Buss Terry Code Enf. Off. Dev Svcs 09/14/05 David Pacluette Consistently demonstrates exceptional work habits.
8 Carlsen Chuck Engineer Fire 09/15/05 Ron Fraze Assisted a property owner after a collision. ..
9 Castro Victor Facility Wrkr Rec & Parks 09/12/05 Holly Larson Big help in completing the lockers for McM~rtrey.
10 .Cejka Melissa Supervisor PD 09/21/05 E. Agerton Took the time to teach CPR to staff.
11 Corder Craig Maint. Crftwrkr I Pub WkS 09/08/05 Sam Mercado Took lead with sprayparks; completed all on time.
09/28/05 Rhonda Smiley Saved City time and money on Beale Spray Park project.
12 Dickson Todd Sr. Officer "PD 09/30/05 Demarco, Ramirez Assisted Code Enfomement in a hostile situation.
13 Dye Sean Maint.. Crffwrkr I Pub Wks 09/12/05 Holly Larson Great job in coordinating locker room project at McMurtrey.
14 Famsworth Todd Officer PD 09/20/05 Mike Hale Improved the atmosphere and condition at training facility.
15 Fick Kelly Secretary II . Clerk 09/21/05 Lorraine Reza Patient; good teacher.
16 G_-3rcla Juan Fleet Svc Wrkr Pub Wks 09/15/05 Brad Underwood Showed outstanding teamwork with large project.
17 Guevara Juan SW Operator Pub Wks 09/27/05 Demamo, Ramirez Assisted Code Enfomement with messy job.
18 Haslebacher Martha Supervisor Pub Wks 09/27/05 Demarco, Ramirez Assisted Code Enfomement with messy job.
19 ~Henson Roy Facility Wrkr Pub Wks 09/29/05 Pam McCarthy Provided Clerk's office valuable assistance w/o being asked.
20 Hicks Tim Net. Sys Tech IT 09/07/05 Eddie Chavez Successfully assisted Rec & Parks with technical problems.
21 Highfill Jack Bid Insp. III Dev Svcs 09/15/05 Ron Fraze Assisted a property owner after a collision.
22 IHowell Keith Maint. Cdtwrkr I Pub Wks 09/1.5/05 Brad Underwood ~Showed outstanding teamwork with large project.
23 Iturralde Marisa Clerk Typist HR 09/29/05 Sandra Forsythe Ivery efficient; helpful; accurate; professional.
24 Jones Dean Supervisor Rec & Parks 09/20/05 Rhonda Smiley Attended to majority of coordination for spray park opening.
25 Judson David .. Supervisor IT 09/21/05 Eddie Chavez Quick response to survey; understanding; polite.
26 Lawrence Pam Deputy Clerk Clerk 09/21/05 Lorraine Reza 'Showed patie..nce with cross training.
27 vlaldonado Danny Facility Wrkr Rec & Parks 09/07/05 Terry McCormick , Keeps his area of town cleaned properly.
28 McLay Mary Ann Clerk Typist PD 09/21/05 E. Agerton Works hard; dedicated; puts in extra work w/safety meetings.
29 Mendoza Angle Clerk Typist PD 09/21/05 E. Agerton Took extra time to help with officers with projector~
30 Moore Lisa Net. Sys Eng IT 09/07/05 Eddie Chavez Huge help with PD technical problem.
31 Mudryk Paul Sr. Officer PD 09/30/05 Demamo, Ramirez Assisted Code Enforcement in a hostile situation.
32 Mullens Jimmy Fleet Mech. II Pub Wks 09/15/05 :Brad Underwood Showed outstanding teamwork with large project.
33 Naworski Gary Electrical Tech Pub Wks 09/15/05 Brad Underwood Showed outstanding teamwork with large project.
'" 09/28/05 Rhonda Smiley Saved City time and money on Beale Spray Park project.
34 ~leal Wanda Code Enf. Off. Dev Svcs 09/14/05 David Paquette Works diligently in resolving Muni Code violations.
2005 HIGH FIVE AWARD
September
35 Nord Scott Firefighter Fire 09/15/05 Ron Fraze Assisted a property owner after a collision.
36. Nunez Justin Laborer Rec & Parks 09/07/05 Terry McCormick Keeps his area of town cleaned properly.
37 Ortiz Carina Comm. Rel Spc PD 09/21/05 E. Agerton Hard worker; dedicated; wonderful attitude.
38 Paquette David Code Enf~ Off. Dev Svcs 09/20/05 Rhonda Smiley Patient demeanor; "can do" attitude; excellent customer svc.
39 Peralez Maria Admin Asst II Pub Wks 09/15/05 Brad Underwood Very helpful with Department Head concerns.
40 Ramos James Officer PD 09/20/05 Mike Hale Improved the atmosphere and condition at training facility.
41 Richardson Don Supervisor Water - 09/28/05 Pat Flaherty Served as chairperson of safety committee for many years.
42 Roberts Susan Clerk Typist Pub Wks 09/29/05 M. Haslebacher One of the best customer service representatives.
43 Salmon Stephanie Net. Sys Tech IT 09/07/05 Eddie Chavez Huge help with PD technical problem.
44 Stricker David Rec. Spec. Rec & Parks 09/20/05 Rhonda Smiley iAssisted with whatever was needed to open spray park.
45 Tamayo Dawn Clerk Typist Pub Wks 09/27/05 Demamo, Ramirez Assisted Code Enfomement with messy job.
09/29/05 M. Haslebacher Always excited to help customers; good attitude.
46 Tierce Jeff Electrical Tech Pub Wks 09/28/05 Rhonda Smiley Saved City time and money on Beale Spray Park project.
47 Tobin Mike Fleet Mech. II Pub Wks 09/15/05 Brad Underwood Showed outstanding teamwork with large project.
48 Turner Keitha Deputy Clerk Clerk 09/19/05 Lawrence, Chdstensen Went above and beyond while helping with a project.
49 Urrea Juan Laborer Rec & Parks 09/12/05 Holly Larson Big help in completing the lockers for McMurtrey.
50 Wilbum John Supervisor Pub Wks 069/28/05 Pat Flaherty Input & insight are valuable on claims and safety committees.
51 Williford Steve Fleet Svc Wrkr Pub Wks 09/15/05 Brad Underwood Showed outstanding teamwork with large project.
B A K ,E R S F I E L D
FIRE DEPARTMENT
MEMORANDUM
TO: ALAN TANDY, CITY MANAGER
FROM: RON FRAZE, FIRE CHIEF
DATE: OCTOBER 6, 2005
SUBJECT: HALL AMBULANCE AND DISASTER PLANNING
Staff is requested to include Hall Ambulance Company and other emergency entities in the
City's disaster planning and preparation drills.
We have recognized all agencies, public and private, that we may call upon in a disaster.
This is also reflected in our disaster plan, specifically in reference to available resources.
Our drill on October 26th is a multi-agency drill involving first re'po 'nders, local hospitals,
County EMS, County Health Department and the emergency ambulance company.
Future drills will include other agencies and ambulance companies within Kern County.
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S:\Susan\Memos\Hall Ambulance & Disaster Planning
B A K E R S F I E L D
OFFICE OF THE CITY MANAGER
MEMORANDUM
October 7, 2005
TO: Alan Tandy, City Manager
FROM: Rhonda Smiley, Public Relations Coordinator
SUBJECT: Citizen Inquiry Regarding Cable Rates
Council Referral #001268
ICouncilmember Benham referred a complaint from Tillie and Richard Quiring
regarding Cox Communication's failure to keep its word on quoted rates.
I contacted the regional director of public affairs for Cox communications for an
explanation regarding the Quirings' concern regarding the increase in their cable billing.
The attached letter was sent to Mr. and Mrs. Quiring as clarification on their rate
increase, based on the information I received from Cox.
BAKERSFIELD
Alan Tandy · City Manager
October 7, 2005
Tillie and Richard Quiring
3207 Peace Rose Street
Bakersfield, CA 93311
Dear Mr. and Mrs. Quiring:
This letter is in response to your communication to Cox Communications, dated September 27th,
and to Councilmember Sue Benham regarding your cable rate increase.
As you.may be aware, the cable industry was deregulated with the Cable Communications Act
in 1998. Because of the Act and its competitive classification, the City has very little authority
regarding the cable rates charged by Cox or the other service provider for this area, Bright
House. Nevertheless, I asked the regional director of public affairs for Cox Communications to
provide an explanation regarding your rate increase.
You were on a special program called "Switch to Cable Month". Cox offered you a significant
discount for one year, which gave you a total price of $55.17 per' month. According to Cox, the
mailing you received (copy enclosed) was to inform you that you would continue to get a
discount on services, but it did not quote any rates. You were to still receive a discount, but the
rate would increase to $69.02, a difference of $13.85 per month. It is unfortunate that their
advertisement did not clearly state the increased price difference.
Cable companies are allowed and/or required by federal regulations to state that consumers
can contact their local franchise agencies regarding complaints on rate increases.
Unfortunately, existing laws allow us very little control over their operations. However, I hope
the explanatory information we asked them to provide will help to lessen your frustration.
Sincerely,
Rhonda Smiley
Public Relations Coordinator
cc: Alan Tandy, City Manager
Sue Benham, Councilmember - Ward Two
City of Bakersfield · City Mana~.er's Office · 1501 Truxtun Avenue
Bakersfield · California · 93301
(661) 326-3751 · Fax (661) 324-1850
/SwitchReten~ion PCD 6.05b 7/5/05 3:46 PM Pa~;e 1
SwitchRetention PCD 6.05b 7/5/05 3:46 PM PaGe 2 , +
Cox Communications ! Presorted Standard
820 22nd Sheet U.S. Postage
Bakersfield, CA 93301 PAID
Cox
Communications
NO ACTION REQUIRED
· Keep your current level of service and
ENJOY discounted pricing through March 2006
· Add additional services at discounted prices
· Enjoy Pay;Per-View coupons
· Details coming soon...
COMMUNICATIONS
327-0821
~ Cox. SwitchLtrCoup_7.05 7/13/05 1:02 pM Page I (J~
Thank you for subscribing to Cox Communications. You are currently on our ~Switch To Cox Cable promotional
offer~ and we hope you are enjoying your current services. Your promotional offer period is scheduled to end soon.
GREAT NEWS- Noaction is required on your part. We have extended your promotion and you will
continue to receive discounted pricing on your current services through March 2006.
-~~- Y°u will enj°y the f°ll°wing disc°un~ °n the services y°u currently subscribe t°' thr°ugh March 2006'
These discounts will appear as a credit on your monthly bill.
Limited Basic Expanded Digital Cable High Speed
Service Service Service Internet Service
$5 $7 $2 $10
OFF OFF OFF OFF
through through through through
March 2006 March 2006 March 2006 March 2006
PLUS...
1 ~ an additional bonus enjoy the 3 enclosed Pay-Per-View coupons.
2 Add additional services for 50% off for the first 3 months.
We value you as a customer. If you would like to try additional services or' CO~
have any questions please feel free to contact us at 321-3045.
COMMUNICATIONS
Thank you for your continued business,
COX Communications Your Friend in the Digital Age.
*Extended promotional discounting is not transferable. Regular rates apply April 1, 2006. Other restrictions apply. 02005 Cox Communications. All Rights Reserved.
September 27, 2005
Cox Communications
820 22na Street
Bakersfield, California 93301
Dear Customer Service:
I am a consumer who was asked to join Cox Communications as a customer more than a year
ago at a half price special. The promotion ended this summer b. ut we were told via mail that the
rates would be extended until March, 2006.
When rates increased substantially, I contacted Cox. The representative in Santa Barbara,
the number I was given, stated that he saw the same paper I was given on his computer and
agreed with 'me and gave me the old $57.00 rate for the month. He told me that a representative
would contact me regarding the fu,ture. Thatwas not done.
When I received another bill from Cox reflecting Ce 45% increase, I relatedto them the paper
we received regarding the same rates until March, 2006. The Bakersfield representative stated
that I was wrong .,and that decision was based on several administrative meetings.
I wondered why they needed so many meetings regarding a paper which obviously stated that
rates would remain the same. Since Cox Communications misrepresented the communication
with us, we severed our relations with an organization which failed to "keep its word".
We will pay what we owe on this bill after consulting the organization noted in it cc:
section. Thank you for your time...
Sincerely,
Tillie Quiring
Richard G. Quiring
cc: FCC
City of Bakersfield
California Consumer Division
BAKERSFIELD POLICE
MEMORANDUM
TO: ALAN TANDY, CitY MANAGER ~-~..~.f~ V,'-.,fiD
FROM: W.R. RECTOR, CHIEF OF POLICE ~ / ~"~ - ~
* 2005
I,
DATE: September 30, 2005
SUBJECT: FOLLOW-UP ON B & G AUTO
COUNCIL REFERRAL NO. 1237 (WARD 2)
COUNCILMEMBER BENHAM REQUESTED STAFF FOLLOW UP ON PRIOR ISSUE
INVOLVING B & G AUTO AT 2520 BRUNDAGE LANE AND EXCESSIVE NOISE.
On September 9th staff forwarded an update to Jim Eggert of the Planning Department. Mr. Eggert
initiated the revocation process to pull the conditional use permit for the business. The hearing is
scheduled for October 11, 2005. The police department will continue with a "no tolerance" noise policy
until the process is complete.
BAKERSFIELTM I · J'
FIRE DEPARTMENT
MEMORANDUM
TO: ALAN TANDY, CiTY MANAGER
FROM: RON FRAZE, FIRE CHIEF/~/~'~'
DATE: OCTOBER 6, 2005
SUBJECT: EMERGENCY PREPAREDNESS WORKSHOP
..Councilmember Benham requested a workshop regarding emergency preparedness;
include city's command structure, coordination with other jurisdictions and levels of
government, evacuation planning and emergency response; also provide information
regarding the conduct of planning exercises for different types of emergencies, i.e.,
earthquake, flood, major chemical' spills, etc.
These reference points will be added to a powerpoint presenta, tion, that will be given on
this subject at a future workshop:
RF/kp
S:\Susan\Memos\EmergencyPreparednessWorkshop
, .-5 ;'005
B A K E R S F I E L D ---v,',x'~ -,' ,c~.-.. ....
CITY OF BAKERSFIELD
PUBLIC WORKS DEPARTMENT
MEMORANDUM
TO: Alan Tandy, City Manager
FROM: Raul Rojas, Public Works Director ~'.,-'1 ~
DATE: October 03, 2005
SUBJECT: POTHOLE ON OAK STREET OVERPASS
Referral No. 1265 (Meeting-9/28/05)
ICOUNCILMEMBER BENHAM REQUESTED THE PUBLIC WORKS DEPARTMENT REPAIR A
LARGE POTHOLE IN THE RIGHT NORTHBOUND LANE OF THE OAK STREET OVERPASS.
The potholes on Oak Street, between California Avenue and Truxtun Avenue, were
patched Tuesday, October 04, 2005.
C:XDOCUME qXlskinnerXLOCALS q\TempLRef#1265 Pothole on Oak St.Overpass.doc
O,CT - 5 2005
B A K E R S F I E L D
Department of Recreation and Parks
Date: October 5~ 2005
To: Alan Tandy, City Manager
From: u~anne .oover, Director of Recreation & Parks
Subject: Programs for McMurtrey Aquatics Facility
Referral # 001267 -Ward 2
Councilmember Benham referred to the Recreation and Parks Department a
request from Mr. Gary Ridgeway regarding additional programs for the McMurtrey
Aquatics Facility.
See attached memo.
B A K E R S F I E L D
Department of Recreation and Parks
Date: October 4, 2005
To: Alan Tandy, City Manager
~ ,~ ~,,~.~~
From: Diar~~)~er, Director of Recreation & Parks
Subject: Programming at McMurtrey Aquatics Facility - Council Ref 001267
The current usage of McMurtrey by aquatic related clubs are the Kern Diving Club and the
Bakersfield Swim Club. This is the second year the Kern Divers have been at McMurtrey.
They are expecting their membership to grow the next six months due to their new warming
tub. The Bakersfield Swim Club (BSC) began using our facility in September, 2005 and are
swimming the long course in the Olympic pool on Saturday mornings, 8:00 a.m. to 10:00
a.m.
The costs of the city sponsoring a USA swim team would be quite high.
· Coaching staff- Certified USA head coach and assistant- $18,000 annual (Est.)
· USA Swim Fees - $100 annual registration & $52 per athlete annually (Est.)
Purchase of additional training equipment
· Advertising and marketing club- (Est.) $1,000
Concerns:
· By offedng a USA swim team program, we would be in direct competition with
already existing private and non-profit swim clubs.
· A competitive swim team program would limit the rental availability for other
organizations to use the pool.
· As a public recreation entity, our goals are to provide more recreational
opportunities, not highly competitive ones.
Schedule of Other Programs Currently Offered:
· Lap Swimming - Monday- Friday at the following times:
o 5:30- 7:30 a.m.
o 10:00 - 1:00 p.m.
o 5:30- 7:30 p.m.
· Water Polo - Monday, TueSday & Thursday from 5:30 p.m. - 7:30 p.m.
· Aqua Aerobics - Monday, Wednesday & Friday from 9:30 a.m. - 10:30 a.m.
(beginning in November)
· Water Walking conducted Monday- Friday at the following times beginning in
November:
o 5:30- 7:30 a.m.
o 10:00- 1:00 p.m.
o 5:30- 7:30 p.m.
Meets At McMurtrey:
Several swim organizations and clubs have expressed an interest in hosting swim meets at
McMurtrey but have voiced several concerns regarding the facility requirements.
· No Food Sales - Many of the groups interested in hosting meets use the meets as a
team fundraiser. The concession contract with "Slapshot SNAX" does not allow any
outside groups to sell food or drink at the facility.
· No Outside Food or Drink- Our concession vendor agreement policy prohibits
groups from bringing any of their own food or drinks into the facility.
· No Merchandise Sale- The merchandise contract with "Action Sports" prohibits
groups from selling any kind of merchandise at the facility. This further limits their
fundraising.
Hi_clh School Teams:
Beginning in January, the public schools will be using McMurtrey, Jefferson, Silver
Creek and Martin Luther King pools. The schools contributed toward construction of
McMurtrey for their competitive swim teams which run from January to late MaY.
Summary:
Staff does not recommend entering into a city sponsored USA swim team. We do,
however, offer a recreational summer swim team program at all our pools. We allow all
who want to join the swim teams a chance to learn about competitive swimming by
introducing them to the opportunities available. If a person chooses to compete at a
higher level, he or she may do so with the existing clubs.
The following pages contain a schedule for the facility; illustrating the times the competition
pool is available for rent.
Availability:
(Lane availability is either noted or indicated by an empty cell)
McMurtrey Fall Schedule for Olympic Pool, Mon-Fri
Lanes
McMurtrey Fall Schedule for Olympic Pool, Saturdays
Lanes
The facility is not currently being utilized on Sundays.
B A K E R S F I E L D
CITY OF BAKERSFIELD
PUBLIC WORKS DEPARTMENT
MEMORANDUM
TO: Alan Tandy, City Manager
FROM: Raul Rojas, Public Works Direct__
DATE: October 03, 2005
SUBJECT: LIGHTS ON BUENA VISTA AVENUE
Referral No. 1274 (Meeting-9/28/05)
COUNCILMEMBER COUCH REQUESTED STAFF ADDRESS THE SYNCHRONIZING AND
TIMING OF LIGHTS ON BUENA VISTA AVENUE AT DEER PEAK AND MING.
A project to coordinate and communicate with traffic signals on Buena Vista Avenue is
currently in progress. Traffic Engineering is awaiting release of CMAQ funding from the
State for a traffic signal interconnect project along Buena Vista Avenue. When
completed early next year, the traffic signals from Stockdale Highway to Ming Avenue,
including the Deer Peak intersection, can be coordinated to synchronize the main
directional flow of traffic during the peak commute times of the day. At this time, the
traffic signals operate in a traffic actuation mode.
C:x~)OCUME qXlskinnerXLOCALS q\TempXRef#1274 Lights on Buena Vista Ave.doc
B A K E R S F I E L D
CITY OF BAKERSFIELD
PUBLIC WORKS DEPARTMENT
MEMORANDUM
TO: Alan Tandy, City Manager
FROM: Raul Rojas, Public Works Director ~
DATE: October 03, 2005
SUBJECT: SIGNAL LIGHT AT ALLEN AND PALM
Referral No. 1276 (Meeting-9/28/05)
COUNCILMEMBER COUCH REITERATED A PREVIOUS REQUEST THAT THE SIGNAL
LIGHT PROJECT AT ALLEN AND PALM BE MOVED UP ON THE LIST OF PROJECTS.
A relative ranking was calculated by the Traffic Engineer, including unconfirmed reports
of two injury accidents in the past month and using the County Road Department's
traffic volume and accident record information for their intersection. Based on that
information, the signal project would rank at number 3 when compared with the Public
Works Traffic Engineer's list of warranted future City traffic signals. The County's Traffic
Engineer is considering a multi-way stop for the intersection as an interim solution. City
Traffic Engineering staff are cooperating with the County's Traffic Engineer for a speedy
resolution to the problem.
CADOCUME q~lskinner~LOCALS q~TempLRef#1276 Signal Light at Allen & Palm.doc
B A K E R S F I E L D
OFFICE OF THE CITY MANAGER
MEMORANDUM
October 6, 2005
TO: Alan Tandy, City Manager
FROM: Alan Christensen, Assistant City Manager/~/
SUBJECT: Adopt-A-Bench '
Council Referral #001277
ICouncilmember Couch requested staff review of an "Adopt-A-Bench" Program. I
I
I spoke with Mrs. Dianne Barrett on the phone about her desire to donate a park bench
in memory of her son and locate it near the bike path on Stockdale Highway and
Jewetta. A few days later I met with her at the site where several possible locations for
the bench were discussed. Right now the locations are in an undeveloped dirt area.
Mrs. Barrett has agreed to sponsor the bench, including an engraving in memory of her
son. We are now checking with the Recreation and Parks Department to determine
what landscaping plans are being contemplated at the site. We are also confirming the
cost of the bench and engraving, so that Mrs. Barrett can make payment in that amount.
Mrs. Barrett is planning a street clean-up and service in the area on December 11,
2005. We anticipate that all outstanding questions, arrangements and delivery of the
bench will be completed in advance of her service.
B A K E R S F I E L D [_
",'\' [' '~," ~,~ ~,': ~: %'-: 0 ~'I
MEMORANDUM
October 6, 2005
TO: Alan Tandy, City Manager
FROM: Maurice Randall, Business Manager'~V'~
THROUGH: Florn Core, Water Resources Manager
SUBJECT: WATER AGREEMENT Re: CITY of BAKERSFIELD and SHAFTER
Council Referral No. 001255 (Ward No. 4) - Special referral to Water
Resources Department
During the joint City of Bakersfield and Shafter meeting on September 18, 2005
Councilmember Couch requested that staff send copies of the Proposed Water Agreement
and related documents between the City of Bakersfield and Shafter to all members of both
Councils, Senator Dean Florez and Supervisor Mcquiston.
Attached to this memorandum for distribution to the Mayor and Council are copies of
supplemental documents related to the Proposed Water Agreement between the City and
Shafler. These documents were also mailed to the City of Shafter Council members,
Senator Dean Florez and Supervisor McQuiston.
CA COdes (wat:5900-5901)
an~ Crater Lake, as delineated on the official map of the Upper
Klamath River Basin approved on September 6, 1956, by the commissions
negotiating this compact and filed with the Secretaries of State of
the two states and the General Services Administration of the United
States, which map is incorporated by reference and made a part
hereof.
C. "Commission"'shall mean the. Klamath River Compact Commission as
created by Article IX of this compact.
D. "Klamath Project" of the Bureau of Reclamation of the
Department of the Interior of the United States shall mean that area
as delineated by appropriate legend on the official map incorporated
by reference under subdivision B of this article.
E. "Person" shall mean any individual or any other entity, public
or private, including either state, but excluding the United States.
F. "Keno" shall mean a point on the Klamath River at the present
needle dam, or any substitute control dam constructed in Section 36,
Township 39 South, Range 7 East, Willamette Base and Meridian.
G. "Water" or "waters" shall mean waters appearing on the surface
of the ground in streams, lakes or otherwise, regardless of whether
such waters at any time were or will become ground water, but shall
not include water extracted from underground sources until after such
water is used and becomes surface return flow or waste water.
H. "Domestic use" shall mean the use of water for human
sustenance, sanitation and comfort; for municipal purposes; for
livestock watering; for irrigation of family gardens; and for other
like purposes.
I. "Industrial use" shall mean the use of water in manufacturing
operations.
J. "Irrigation use" shall mean the use of water for production of
agricultural crops, including grain grown for feeding wildfowl.
Article III. Distribution and Use of Water
A. There'are hereby recognized vested rights to the use of waters
originating in the Upper Klamath River Basin validly established and
subsisting as of the effective date of this compact under the laws of
the state in which the use or diversion is made, including rights to
the use of waters for domestic and irrigation uses within the
Klamath Project. There are also hereby recognized rights to the use
of all waters reasonably required for domestic and irrigation uses
which may hereafter be made within the Klamath Project.
B. Subject to the rights described in subdivision A of this
article and excepting the uses of water set forth in subdivision E of
Article XI, rights to the use of unappropriated waters originating
within the Upper Klamath River Basin for any beneficial use in the
Upper Klamath River Basin, by direct diversion or by storage for
later use, may be acquired by any person after the effective date of
this compact by appropriation under the laws of the state where the
use is to be made, as modified by the following provisions of this
subdivision B and subdivision C of this article, and may not be
acquired in any other way:
1. In granting permits to appropriate waters under this
subdivision B, as among conflicting applications to appropriate when
there is insufficient water to satisfy all such applications, each
state shall give preference to applications for a higher use over
applications for a lower use in accordance with the following order
of uses:
(a) Domestic use,
(b) Irrigation use,
· AGF-EE!;~NT FOR USE OF ~"ATr'R RIGHTS ' "::
THIS AGREE:,~i'IT, made as of the Ist day ~f January,
"
' '" KERN COU~IiY
1952, by and between KERN COUNTY LAND CO~,~a~.~Y,
~,, ~"~ . "
CAIiAL AND ~:, CO>PANY, JM,~S CANAL, INC ,. ANDERSON CAi'~AL, ..
INC., PLUNKET' CANAL, INC., JOYCE CANAL, INC., PIONEER CA~.~.L, ..'.
INC., LERDO ~A:.~AL CO~.~ANY, .JA~S AND DIXON CANAL~ _ho.,
CENTRAL CANAL COMPANY, each of which is a California corpo-
.
ra~ion~ FirsL Par%les, hereinafter called "Companies"~ and ....
NORTH KERN ~''.~R .... STORAGE DISTRICT~ = wa~er s~orage disLric5 .'.
duly organized and existing under and by virtue of the Cali- '..
fornia Water StoKage District Law, Second Party, hereinafter
called "District,',
WITNE S SETH:
THAT ~'~EREAS: ...~'
A. Each of the Firsb P~ies named above, excep~ Kern ":
i County Land Company, is a subsidiary of said Kern County-Land
C~mpany; ..
~ B. Under date of August 1, 1950, said Kern County Land ..":
Gompany and the District entered into a certain Option Agree- -'
~... ment which was attached to and made a.part of the R~port "~'"'.....
~ 'dated August 15, 1950, by the B~ard of Directors of the Dis- . ...
'~ trict to the State Engineer of the State of California on the ·
Feasibility-of the District Project; .i.'
C. ' In the manner and within the time provided in said
~ Option Agre~mcnt the District ~xercised the option therein "
given to it; and '~' .'~.7:.
D. The parties desire bY this agreement to carry out
the provisions of said Option Agreement and the purposes
and objects of said Feasibility Report with respect to the
acquisition of interests in ~mt'er rights by the District;
N0?I, THEREFORE, the parties hereby agree 'with each
Other as follows:
lo. Identification of Water Rig~hts. The water rights
constituting the subject of this agreement are those certain
rights to divert water from the Kern River in Kern County,
'California, which are k.nown and identified by the'following
names, priority dates and quantities:
Quantity
Priority ( Cubic Feet
Name of Diversion Right Date per Second)
James (lst) Oct. 15, 1871 120 *
Ander3cn ( ~t
~ ) Oct. 9, 1872 20~
~ ~each~m About Apr. 15; 1873 30
· Plup. ket June 1~ 1873 /,O ~'
Joyce June 2~ 1873. 40 /
Johnson June 12; 1873 &O
:. Pioneer (lst) Aug. 1, 1873 130~
· Lerdo portion (30~o) of
.' Beardsley (lst) Dec, 2, 1873 18
' Anderson (2d) · Mar. 1874 10~
I" J~r. es & Dixon June l~ 1874 40~
McCaffrey Oct.'31~ 187~ 26
:Lerdo portion (51%) of
McCord Mar. 20~ 1875. 51
'Portion'{80~o) of Calloway May 4_~ 1875 . 680~/
.' Portion (80%) of Railroad Aug.7' 1876 160~
James (2d) · - 180
Pionee~ (2d) - 170 ~
Lerdo oortion ('30%) of
Beardsley (2d)' - 72
Kern County Land Company
portion (~o563%) of the
rights of the "Second
Point" Entitlement under
the ~tiller-Haggin Agree-
ment of 1888 as amended - -
Subject, however, to the following:
A. The provisions of the above-mentioned Miller-
Haggin Agreement of 1888, more particularly defined as .the
agreement made between Henry Miller and others and James B.
Haggin and others under date of July 28, 1888, and recorded '.
in' the Office of the County Recorder of Kern County, Cali-
fornia, in Book 2 of Agreements at page ~0, and all amend-
~ments and supplements thereof and thereto~ including that
certain supplemental agreement between Henry Miller and
James B . Haggin, dated November 30, 1889, and that certain
agreement between Miller & Lux, Incorporated, as first party, ~'.'
carmel Cattle Company and others, as second parties, and
Buena Vista Water Storage District, as third party~ dated ',~.
June 19, 1930, and recorded in the office of the County Re-
corder of Kern County, California, on July 8, 1930, in Book
374 of Official Records at page 34, and that certain inden- ~'~
ture between Miller & Lux, Incorporated, and others, as
.first parties, and Buena.Vista Associates, Incorporated, as '"'
second party, dated June 19, 1930, and recorded in the of-
fice of the County Recorder of Kern County, California, on
July 8, 1930, in Book 372 or'Official Records at page 147.
B. The.Shaw Decree of 1900, more particularly
defined as the Judgment made and entered August 6, 1900,
by. the Superior Court of the State of California in and for
the County of Kern, the Honorable Lucien Shaw, Judge presid-~
ing,' in a certain action No. 1901 entitled "Farmers Canal
Company, et al., Plaintiffs, vs. J. R. Simmons, et al., De-
fendants'' .
C. The right of Kern River Canal and .Irrigating
Company,. a California corporation, to use in performance of
its duties and obligations as a public utility so much of
th~ above-described portions of the Beardsley and McCord
3.
w'ater ~ights.'as may'be required by'said comp~-ny~ over.and
above all other Water rights available'to it, for the.per-
form'ance of such duties and obligations.
2. Rights of Di's~rict. The Companies hereby agree-
that the· District shall have t~e right in perpetuity, sub-
Ject to ~he provisions of this 'agreement, to divert, trans-
to the District' and Use so much of the water accruing
port
;,.
to the' Water rights described above ·"during each calendar
month of each year as shall ~enablg the. Distri6t to divert
.from the Kern River not more than the mAXimum ' quantity set _
1
forth for such month in ~the following tabulation:
t Maximum Diversibn'
Month
I (acre. fee~)
january. 32 .800~ "
34 200 '~.. l
FebruarM.
March t. · ~.. 41 200~ .... !,.
' 000
April ! '~i ~ .-..'
May "i ~ 800 i' '' "" ' ....
June ~ 148 200 ! - ' ' ' ~.-,
~ July i 52 400~. ". ,.
' August ~ 49 600
Sep~emb~,r .,..,.... 44~ 000 '
October i :.~'.,i.'i.' 3.8~ 400 .... ..:..,,'
'-, Novembe~ .- "!::.!:.:~5~600"
of the water r~ghts described in Paragr'aph 1 above, tho""
-,,., , District shall at all times' hereafter ha~e the first, prior--
· ity to all water accruing"~o the above-described Water ' ...
· '~ "''" rights, but th~ Companies. reserve, ~etain and shall continue . ,-..,;:..,;/. '1
'/;'..".,i-,. to own the right to' dive~t:..and use all' sUch water except the ....
.I
)'~'~ water actually diverted by-the District ursuan~ ~o,.this ~ :.,.,
agreement. ,,~,.%!. . . . . ~'. ,':
.1.~.. J ' ,. ..
, .... " ..3. Effect: of Failure 'of' Distr~et to' Divert 'Maximu~
~...~. ~ .... . ,..' S. : ,. ;'., .~
..,.:~ Entitlements, If.~ at any time hereafter/.t.he'. . ~ DiStrict'; Shall .:...:'::'~":
..I
)..,.,,) ' ., ' ' i: "'.~~', .... ~.~-"~
_ ~ .. .: r. ,,,L~:.. W~,i, ~. ~!;;, ,.~ - -. .;;'~,~?~..;' 0::,..~':L~;'' ~,~' :'".:: ' """ ,. ;" "~..';
;'-" · ' ' ' ' ~ ~-~"' :'""'~"'!'.'!~'";;?.' :~" ' ';'"' ..... '~'
;~-; -" ' '!1 .; .... .~. "":" .... t",. ': ' '~' : " '. .....
fail t'o divert from the:Kern River the maximum quantity of ..
waterWhich".the District· Shall be entitled t° divert at .."':·
such time under this agreement, then the excess 'of such
maximum over %he quantity actually diverted by the District ;"
at such'time.'s'hall revert and belong to the Companies, ~nd
the District shall have no right to carry such excess for- ..
ward or accumulate it for subsequent diversion by the Dis-
trict.' However, no failure of the District to divert its
maximum entitlement at any time, no matter how l°ng contin-
u'ed or for What reason or purpose, shall operate in any'
.:
manner to reduce, impair, restrict or modify the maximum
quantities which the District shall be entitled to divert
thereafter under this agreement. The Companies hereby .
jOintly and severally agree' With the District never to
claim, contend or assert·that any of the ~ights of the Dis, : .....:
trier hereunder shall have been lost, relinquished, or re-'
duced by non-user, or by any failure or neglect of the Dis-
tri'ct to divert and utilize the maximum quantity of water ~:'
which it may be entitled to divert herein.
.. 4. Effect of Kw..tess Diversion.by the District. The ::4 .': '
District'agrees that it will not at any time divert from
the Kern River more than 'the,maximum quantity of water which
it is entitled, to divert at such time according to the pro-
visions of this agreement, and any other agreement or agree- "):..
'merits whereby the District may acquire rights to use waters c7 :"""
of. the Kern River. If the District shall' ever divert from · .':!"
the·Kern River more water than it shall be so entitled to .:. '~.~
..divert at such time, then the amount of excess so diverted "%1
shall be deducted, and withheld from the first water Which .. :'..
'.; .'!',
i i I ~ '"~ "
the District otherwise would be entitled under this agreement
t~ divert thereafter. No excess diversion by the District,
no matter how often repeated or how long continued, shall
have the result or effect of enlarging th~ rights of the
District herein, and the District hereby agrees never to make
any clai~, contention or assertion against the Companies to. ·
that effect.
5. Rights Retained by the Companies. The Companies
retain and reserve to themselves in accordance with their re-
sPective rights and interests, each and all the following:
(a) All waters accruing and available to and under
the above described water rights in each calendar month
over and above the maximum monthly diversion of the ~is-
trict as hereinabove set forth; and
(b) All waters which the District shall be entitle~
to divert hereunder but which the District shall~fail to
divert or shall fail to use; and
(c) All waters which shall be diverted by the Dis-
trict from thechannel of the Kern River but'which shall
in any manner flow back into the channel of the Kern
River either over the surface or through the ground; and
(d) All Waste, seepage and return flow water derived
from water so diverted by the District and escaping or
discharged beyond the present boundaries of the District.
6. Purpose of Use by District. Any and all Waters
~hich shall be diverted by the District from the Kern River
pursuant to this agreement may be used for the purpose of
irrigation, stock watering and underground water repleniskment
and for no other purpose or purposes whatsoever~
7. Place of Use by District. Any and ail waters
diverted by the District from the'kern River hereunder may
be used within the' Present. boundaries of the District, but
'""' ~ '~Ot elsewhere,
'g. ' COnsideration"../. :As consideration for this agreement,
' the District hereby agrees to deliver to the' above-named Kern
' ,' County Land Company, as receiving agent for the Companies,
District .warrants payable t° said Kern County Land Company in
the aggregate sum of One Million Nineteen Thousand One Hundred
L ' ..Twenty-One Dollars ($1,O19,121.O0) duly authorized and executed
" by. the District, a~d ~o pay all of said warrants in full in
lawfUl.money of the United States on or before January l, 1957,'
I * ' With: interest at the rate of three per cent (3%) per annum.
L.. 9. Refund Agreement. The Companies do not wish to
1 'realize.upon this transaction any gain or profit taxable under'
the income tax laws of the United States, a~d accordingly the
I ." ~ consideration hereunder has been fixed by the parties at an
8'mount which the parties agree i.s substantially less than the
~- 'present value~, of'the, water rights herein described but which
. ",-~:.: ,.,
I the'parties believe to be not more than the amount which, the
Companies may receive for said rights without incurring any
Federal income tax upon the transaction. If it shall ever be
' determined by a final decision of an agency or court of the
' i~: ' "United States'having jurisdiction of the matter that 'the
~ i , consideration hereunder is more than the"last-~entioned amount,
~ ' ".then, upon demand, the Companies will. immediately'refund the
,', i '.excess to the District (without interest) in District warrants
,.
.~. or, in lawf,ul money of the United States.
~_, 10. No Warranty, The District agrees that no warranty
:~ !or representation is or has been made by' or on behalf of the
~ '.Companiesor any of them respecting the eXtent, value or valid-
~ ity of' the water rights herein described or the quantity or '
..,,. ,. quality of water Which may be available.thereunder. The Dis-
trict also agrees that nio~'.:olher~fn .c'6ntained will be . .~ '
· ' .deemed or claimed by:-the District::'tO obligate the Conpanies'~' i
or any'of' them to defend said wat'e~,...rights'against attack
or to protect said water rights .from interference by others.
°11. _Upstrecm~gtorage. If upstream storage facilities
shall ever become available fo_r the storage 'of any of.' the -'
'water ·a~-cruing to' the District under the above2'described j '"
water, rights and if the District shall desire to make use ~-';i. ."
of such storage facilities, then·the. District agrees that .- ~ ..
it will pay its fair share of the' cost of such storage facil- .-. "
ities in return for its right to the use thereof. Ncthing
herein contained shall ever be .deemed or claimed by the Dis- .
trict to obligate the Companies or any . of ~ them ' to pay for
or contribute to the cost of the right or privilege'~of the
District to use any such storage facilities fOr the storage
'~"~:~ i :
:::.... of. Water accruing to the District hereunder.
~,, .'
il;., '12. Repurchase of Rights.' If at'any time or times
~. while this agreement remains in' effect t. he District shall :'"iii--I/'"'
determine
that
~" any of its rights'under this agreement are
' ~,, ,~,.. ~ . .::¢
no longer need6d!..by the District:!:.~then the .'District shall
give.:.the Companies written notice to that· effect, specify-
lng the rights which are no'longer needed. Thereupon the .'
-
~ uo panx~-m~'-~'es shal" ' ' '
· have the option, and if such notice shall
be given' prior .to January 1, 1972, the Companies shall be ...,
obligated, to purchase .from the. District within six (6) ..~ -~ -
months' after the receipt of such notice all of the 'rights
· of the District Under this agreement which are Specified "':'i --
in such notice. The price for such':' .rights .shall be the ;'i' '
~',,;~..-~' then' value of the rights specified n such notice based
' ~ i~ " -..,:,:
, . ~ ~ ,'? .... >",. ...... ..... .
' . ".~ .'i. "'. ' 't ,:., '-~.~?-". >'.' : ~.,".,.- -,~. i .' ~.
upon a capi~al value of an ideal water right of Fifteen
Dollars ,~,~00) per acre foot as set forth.on page 43 of
the above-mentioned Report on the 'Feasibility of the Dis-.
trier Project, app~.ied to the yield of the rights Specified
in ouch notice in the manner and in accordance with the .'
"
formulas ~et forth in Appendix F at pages 180 to 184 of
said Report. Such price shall be paid in cash in exChange ."
'!for an'appropriate fol~m of relinquishment of such rights,
.duly executed by the District. ..
13. Notices, Any notice with respect to this agree-
ment shall be deemed fully given and made when delivered '""
ln'?ri~ting or mailed by registered mail as follows:
If t'° any of the Companies: "
To Kern County Land Company ·
950 Bank of America Building
300 Montgomery Street
.... " San Francisco 4, California
..~ ~..If~.,to the Distric~:
To North Kern ['later Storage District :.
1700 Nineteenth Street
~ ..:.: ' Bakersfield, California
The .address of either party may be changed by written
notice to the other.
'' '14. Assignments. This agreement, shall bind and inure
'to..the benefit of the successors and assigns of the respec-
tive parties, hut the DiStrict shall have no right to .assign ·
this'.agreement, either voluntarily or by operation of law,
without~:, the prior written consen~ of the above-named Kern
'County Land Company, and any assignment or. attempted .assign-'
ment without such consen~ shall at the option of said Corn- .
.pany be.null and void..
i "
..,~'.'~ .:~: _.. ,.-. .'!.. . ! . ... ...
· . ~..::. ~IHmREOF; ,:the 'parties. hereto have
",'.. :, signed, this agreemen[ in"..~ripiica~e : ~th 0f
..July. , 1952, a~ of ~he day.,:~d year firs~ above
KERN 'COUNTY LAND COMPANy
By 30~ T. PIGOTT
I~s Presiden~
(Corporate Seal) ,,- ~ I~s Secretary
KERN COUNTY CANAL AND ~TER COMPANY
By JO~ T. ¢IGOTT
Igs Presideng
a~d' bY NO~{AN g. ANGELL '
(Corporate Seal) Its Secretary
JAMES CANAL, INC.
By O.L. HENDERSgN .... "'
and by D.S. ATWOOD _~
( Corporate Seal~ Igs/Sec~egary '.
Assistant
ANDERSON CANAL, INC.
By G... L; ~NDER~0N
, Its Prosideng
(Corporate Seal) : .. I~s/Secretary -.~,
PLUNKET CANAL, INC'~
Its' President
' JOYCE CANAL, INC.
.... Its President '"
~ ~ ., , . , . . . ~.,'-}'..
.... · .... ~I~g~Secre~a~y ,".
..;. ~ (Corporate Seal.), - . .. . :::'. ~' '~' -.. ..... "~:'"
-' .'"" '~ . .~:"..-..,.:/ ...... :. :,, AssiStant
.,; : · . ~. :_ . -: ;' . , .
......... P R CANAL, INC.
' and by ~_' ~.
(Corporate Seal) its/Secretary
Ass~tant
LERDO CANAL COr.~ANY
~ - Its President
and by D- 9;
· (COrporate Seal) - It~; Secretary
' , Assistant
JAI~;S AND DIXON CANAL~ INC.'
By O..L.
Its President
and by D. ,q-
(Corporate Seal) .. It~/Secretary
Assistant
CENTRAL CANAL CO~,~ANY
Its President
and by D. ~: ~m~'~ao~
(Corporate Seal) It--~/Secretary
Assistant
FIRST PARTIES
NORTH KERN WATER STORAGE DISTRICT
Its President '
(District Seal) ...... .It~ Se'cret~y
SECOND P~TY
ghe undersigned~ KERN R~VBR C~AL ~D IRRIGaTInG ~ '
~OMP~NY, a California eorpora~5on~ hereby eonson~s go ~he ~ ""
foregoSng ag~eomeng 5n so far as ig may affoe~ wa~or r~gh~s ~,'.'
~n ~h~ch ghe underaSgneO company has or my have an ~n~res~,
~ ~ ~~xecu~e~ at _Bakersfield~"c ; -
of .l~ly , 1952. ~ -
KERN RIVER CA}I~L' ~ND I~IGATI}IG .COI~AIIY
,. :By .. . Its Presiden~
and by S '~ ~OOD Secretary
' Assistant
(Corporate seal)
The consideration stated in the fo~eg°ing
[952, pur~Uan~ ~o. '
Sec%ion ~3,503 of the Water code.' ~ : :.:........... ....
STATE OF CALIFORitIA
By k. D. EDMO~'~TON
.. ~:....
· ~... ..'.~
. . ~. .. ,.. .. , . . ...:
B A K E R $ F I E L D
CITY OF BAKERSFIELD
PUBLIC WORKS DEPARTMENT
MEMORANDUM
TO: Alan Tandy, City Manager
FROM: Raul Rojas, Public Works Director .~.._..
DATE: October 03, 2005
SUBJECT: STREET LIGHT ON BATHHURST
Referral No. 1279 (Meeting- 9/28/05)
COUNCILMEMBER SULLIVAN REQUESTED STAFF RESPOND TO. A CITIZEN REQUEST
TO INSTALL A "NOT A THROUGH STREET" SIGN ON BATHHURST.
A work order is being prepared to direct the installation of a "Not a Through Street" sign
to be installed on Bathhurst Street, as requested by the resident. Installation by General
Services crews normally takes a week to 10 working days for sign fabrication and
installation.
C:XDOCUME qXlskinnerXLOCALS q\TempLRef#1279 Street Sign on Bathhurst.doc
.... v 7'~}'~ --'"-'"~'?, ~r,:'~'~'
B A K E R S F I E L D
CITY OF BAKERSFIELD
PUBLIC WORKS DEPARTMENT
MEMORANDUM
TO: Alan Tandy, City Manager
FROM: Raul Rojas, Public Works Director //~
DATE: October 03, 2005
SUBJECT: WESTHAVEN/FLICKER STREET REPAIRS
Referral No. 1280 (Meeting- 9/28/05)
COUNCILMEMBER SULLIVAN REQUESTED STAFF PROVIDE REPAIR AND
MAINTENANCE OF STREETS IN THE AREA OF WESTHAVEN/FLICKER.
There are approximately eleven (11) streets in the area where Flicker Drive is located
that are scheduled to be resurfaced in the spring of 2006.
This resurfacing project qualified for CDBG (HUD) funds and has to be completed
before June 30, 2006.
C:~)OCUME -4%kinner~LOCALS -4\TempW, ef#1280 Westhaven-Flicker.doc
]CT - 5 2005"
MEMORANDUM i ,
"'TY iVl~ N ~- ~ ~: '.'~ ¢'~i::r ....
TO: Alan Tandy, City Manager
FROM: ,~Stanley Grady, Planning Director
DATE: October 3, 2005
SUBJECT: Re: Ice Cream Vendors
Referral # 1272
.Councilmember Scrivner requested staff enforce the ordinance which prohibits street vendors
from selling within 300' of public buildings, particularly as it applies to ice cream vendors
selling near schools, and report back to council.
On 9/29/05, Code Enforcement Officer Don Johnson conducted a patrol check in the 2900 block
of Berkshire Drive for ice cream vendors within 300 feet of a school.
He met with the crossing guard and was told the ice cream truck is in the area just as the school
day is ending. As he was talking to the crossing guard the ice cream truck arrived. He contacted
the driver, explained the city ordnance to him then checked his business tax and health
certificate. The driver was nervous but very cooperative.
Officer Johnson issued the driver a Notice Of Violation for BMC 8.16.060 and returned to the
crossing guard and advised her of the city ordinance. He informed the crossing guard that the ice
cream truck cannot sell from his vehicle within 300 feet of the school. He also asked the crossing
guard to relay the same information on to the school principal.