HomeMy WebLinkAbout01/12/01 B A K E R S F I E L D
CITY MANAGER'S OFFICE
MEMORANDUM
January 12, 2001
TO: Honorable Mayor and City Council
Tandy, City Manager
FROM:
Alan
SUBJECT: General Information
1. Congratulations to Councilmember Maggard on his appointment to the Valley Air
District Governing Board. He will serve as the Large City Representative for the
Southern Region, which encompasses Kern and Tulare Counties.
2. Update on City Center project:
· A draft of the Development and Disposition Agreement for the non-housing portion
of the project is enclosed. It is not expected to be in final form until mid-March,
and we anticipate many revisions during that period of time. We hope to send out
the housing DDA next week.
· On March 14th, the Council and the Redevelopment Agency will hold a joint public
hearing to take comments on the proposed amendment to the Southeast
Bakersfield Redevelopment Plan. The amendment will permit the Agency to
assist in the financing of the multi-use stadium, should the project proceed. The
enclosed memo from the City Attorney's office indicates the time frame for
notifying the property owners and tenants in the area about the hearing.
3. Attached is the latest information from the Water Department regarding the effects
of the recent storm system to hit California. Although the storm was a welcome relief
to the dry winter, we still have a long way to go to reach normal water supply
conditions this year.
4. The current year budget includes $470,000 General Fund transfers for 3 additional
street sweepers and related operating costs. The 1999-2000 audit reflects the
Refuse Fund has the ability to finance these sweepers directly. The Finance Director
has suggested, and staff agrees, that if the City Council were to approve the financing
of the additional sweepers through the Refuse Fund, this would free up $470,000 in
the General Fund, which could be used for City Council unfunded priorities.
Honorable Mayor and City Council
January 12, 2001
Page 2
5. Enclosed is an update on the League of California Cities' legal challenge to SB402,
relative to binding arbitration and public safety unions. The League will keep cities
informed on future events.
6. Trudy Slater has been arranging for 6 new Hall of Fame honorees at Centennial
Garden. Stop by the next time you are there - it's interesting material.
7. We are working on a plan to accelerate the Opticom (traffic preemption devices for
fire trucks and ambulances) program. We can put in some more resources and
contract for installation.
8. The first delegation going to Mongolia is now Jacquie Sullivan, Jack Hardisty, and
myself. Going at their own cost from the community are Diane Hardisty and Marti
Kemper. The dates are March 1st. 9th. Harold Hanson will be going on a future trip.
It's been -40 degrees Fahrenheit there this week - we are hoping for a warming trend.
9. We are studying moving our City storage building from its present location on 14th
Street to property we own on Sumner. An aerial photo of the Sumner Street property
is enclosed. If City Center happens, our present metal building is on the theatre site.
If City Center does not happen, it is adjacent to the arena parking lot and should be
a part of it.
10. On January 24th, at 6:30 p.m., there will be a property owners meeting for the housing
portion (south of California only) of the City Center project. Acquisition on that needs
to be accelerated to meet State deadlines on housing tax credit applications. There
is no impact north of California.
11. As a city, we will attempt to conserve energy in accordance with the Governor's
guidelines. John Stinson has the assignment.
12. As reported to you several weeks ago, we sent a list of railroad crossings that are in
need of repair to Assemblyman Ashburn, who has indicated he will assist us in our
efforts to get the railroad to take action. We recently sent him an update to that list,
which is enclosed for your information.
13. The activity report from Recreation and Parks for the month of December is enclosed.
14. The enclosed article from the California Real Estate Journal includes some very
positive statements about the potential for industrial development attraction to
Bakersfield.
Honorable Mayor and City Council
January 12, 2001
Page 3
15. Responses to Council requests are enclosed, as follows:
Councilmember Carson
· Citizen inquiry regarding a public access television channel;
Councilmember Couch
· Update on correspondence with the County regarding the policy on businesses
on Calloway Drive and Coffee Road without right turn lanes.
AT:rs
cc: Department Heads
Para McCarthy, City Clerk
Trudy Slater, Administrative Analyst
From: Ron Manfredi <rmanfredi@CityOfKerman.Org>
To: 'Rhonda Smiley' <Rsmiley@ci.bakersfield.ca.us>
Date: 1/12/01 2:18PM
Subject: RE: Selection to Air District Board
Ronda, The immediate contact should be with the Air District Board re: a
meeting on Thursday the 18th. I will ask the Executive Committee just
how much contact they desire in the future. Ron M.
..... Original Message .....
From: Rhonda Smiley [mailto:Rsmiley@ci.bakersfield.ca.us]
Sent: Friday, January 12, 2001 1:23 PM
To: rmanfredi @ CityOfKerman.Org
Subject: RE: Selection to Air District Board
Thank you for the information, R0n. Let me know what contact
information you may need for Councilmember Maggard. '
>>> Ron Manfredi <rmanfredi @ CityOfKerman.Org> 01/12/01 11:29AM >>>
Let's try this again and see how it works.
> ..... Original Message .....
> From: Ron Manfredi
> Sent: Friday, January 12, 2001 11:23 AM
> To: 'sarmentrout@fresno.gov.ca'
> Cc: 'dtooley@madnet.net'; 'rsmiley@ci.bakedield.ca.us'
> Subject: Selection to Air District Board
> Attn. Sam Armentrout, Mayor Madera; David Tooley, CA Madera; Mike
> Maggard, City Council Bakersfield; Alan Tandy, City Manager
>
> Mr. Armentrout & Mr. Maggard have been selected as Representative to
> the Air District Board. Please see attached announcement. Individual
> cities or Air District should handle any press releases
>
> Thank you, Ron Manfredi, City Manager City of Kerman
> << File: Air Di.strict.doc >>
{~Rhonda Smiler"'-' Air DiStrict~Oc p
ATTENTION CITY COUNCILS, CITY CLERKS AND CITY MANAGERS
RE: .SELECTION OF CITY REPRESENTATIVE TO SAN JOAQUIN
VALLEY UNIFIED AIR POLLUTION CONTROL DISTRICT (VALLEY AIR
DISTRICT) GOVERNING BOARD
Mayor Trinidad Rodriguez, City of Kerman and President SSJV Division
announces that the Executive Committee of the South San Joaquin Valley
Division League of California Cities has selected the following representatives
to the Air District Board
I. Small City Representative (under 20,000 population) - Northern Region (not
applicable to South San Joaquin Division)
I1. Medium City Representative-(between 20,000 to 50,000) - Central Region (Madera,
Fresno & Kings counties).
Sam Arementrout, Mayor City of Madera
II1. Large City Representative (over 50,000) - Southern Region (Tulare and Kern
counties).
Mike Magqard, Council member City of Bakersfield
The Valley Air-District Governing Bard meets the third Thursday of each month (January
/__8e~ The exception is the Board does not meet in July and November. Meetings are
held at the Central Reqion Office, 1990 Eo Gettysburq Ave, Fresno. The meetings
are broadcast via Video Teleconference System (VYC) to the regional, offices in
Bakersfield and Modesto. Meetin.qs start at 9:00 a.m. and run from thirty minutes to
three hours.
If you have-questions regarding the operations of the Air District or the responsibilities of
Board members ca//Sissy Smith, Clerk to the Board at 559/230-6038. Note: The Air
District office is closed Fdday Jan. 12~ and Monday Jan. 15~ but a voice message
may be left for Ms. Smith at the above number.
Thank you, Ron Manfredi, Kerman City Manager (559-846-9387) e-mail
rmanfredi @ cityofke rman .orq
OFFICE OF THE CITY MANAGER
January 11,2001
TO: All Readers of the Draft'DDA ./~.~
!
FROM: Alan Tandy, City.Manager //'/
//
Attached is a draft of the Development and Disposition Agreement for the non-housing
portion.of the City Center project. The draft DDA on housing with Capital ¥ision Equities
will be separately released.
This draft.has been reviewed by Mr. Olmscheid and Mr. Crawford, but not their attorneys.
As a draft, it'has some blanks. As a draft, it will change .and evOlve many times before it
is ready for action by the Ad Hoc committee, Redevelopment Agency and City Council.
The draft is being released to encourage public review and for consideration by the above
referenced groups. It is not.anticipated to be in final form until mid ,March, It is very likely
the document will be-redrafted a dozen or more times during that period of time:
DISPOSITION AND DEVELOPMENT AGREEMENT
BAKERSFIELD, CALIFORNIA
Mr. Alan Tandy
ExecUtive Director
Bakersfield Redevelopment Agency
1501 Truxtun Avenue
Bakersfield, CA 93301
661 ~326-3751
AGREEMENT NO.
DISPOSITION AND-DEVELOPMENT AGREEMENT
THIS AGREEMENT is made and entered into on among the CITY OF
BAKERSFIELD, a municipal corporation and California charter city the
BAKERSFIELD REDEVELOPMENT AGENCY, a redevelopment public body
corporate and politic, organized and existing :under -laws e of California
("AGENCY" herein), RAY P. OLMSCHEID a sole
proprietorship, in conjunction with D.W. SIVERS an i~!'~
authorized to do business in the State of Californi~
CITY, AGENCY and DEVELOPER agree
ARTICLE I
100. PURPOSES OF THE AGREEMI
101. The purpose of this Dis reement (hereafter.
"Agreement") is to effectuate the R, e Southeast Bakersfield
Redevelopment Project Area ("Red ~lopmE for redevelopment of
certain real property ("the Sit~ within boundaries of the Southeast
Bakersfield Redevelopment Pi
..~.,., to this Agreement and the fulfillment
of this ital rests of the,City of Bakersfield, and the
health reof isidents and in accordance with the public
put:poses ~ons e federal, state and local laws and requirements.
102. to assist in the redevelopment of the Site in order
to stimuh ~nt of residents of the City, expand the AGENCY's tax
revenues property values and enhance the general economic
pro~ health, welfare of the residents of the City via the creation of
fment o
Theis that real property bounded by
County of Kern, State of California. A legal description is set out
~ttached 'hereto and incorporated herein by reference. A map of the Site
is' as Exhibit "B" and incorporated herein by .reference.
104. CITY and AGENCY desire to protect and promote the sound development
and redevelopment of blighted areas, including the Site and other property adjacent to it,
and to assist such redevelopment efforts, all subject to the conditions precedent specified
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herein and the requirements of all applicable laws, including, but not limited to, the
Community Redevelopment Law of the State of California, commencing with Section 33000
of the California Health and Safety Code.
105. Ultimate redevelopment of this Site in a manner consistent with the
'Redevelopment Plan will promote the public health, peace, safety and welfare of the
community, and would effectuate the purposes and policy of the Community
Redevelopment Law (Health and Safety Code §§ 33000, et seq.).
106. 'The redevelopment of the Site could not by
private enterprise acting alone without the aid and AGENCY.
1'0.7. The parties desire to enter, into an
recitals to ensure the redevelopment of the ~nce w~ nd
conditi°ns specified herein.
ARTICLE II
200. SUMMARY OF THE
201. The Agreement
This Agreement through which
DEVELQPER, CITY and of the Site.
202. The Site
he Bakersfield Redevelopment Project
Area to this Agreement as Exhibit "B", attached
hereto A legal description of the Site is set out in
Exhibit "A", herein by reference. On Exhibit "B", the Site
is divided in1 the Stadium Portion and the Housing Portion.
DEVELOI the redevelopment of the. Entertainment Portion of
the Sit~ ;ITY and ;hall be responsible for the redevelopment of the Stadium
Port the Site. A ,..developer shall be responsible for the Housing Portion of
The ect
"Project" consists of redevelopment of the Site by constructing a
nter consisting of a multi-plex movie theater, a commercial/retail center, a
multi-use stadium, a multi-use .recreation and ice skating facility, several restaurants, a
sports-themed.restaurant and a video fun zone. A 180-unit senior Iow-income housing will
be constructed by a separate developer. Neither CITY, AGENCY or DEVELOPER are
reSponsible :for the construction of the housing portion of the Project.
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January 11,2001(10:53AM) Page 2 of 28 Pages '
204. The Redevelopment Plan.
This Agreement is subject to and in conformance with the provisions of the
Southeast Bakersfield Redevelopment Plan which has been approved and adopted by the
City Council of the City of Bakersfield by Ordinance No. 3905 on June 30, 1999 and
amended on by Ordinance No. , and as it may be subsequently
amended. Said Redevelopment Plan is incorporated herein by reference and made a part
hereof.
205. The Southeast Redevelopment Project Area
The Southeast'Bakersfield Redevelopment Project A.~ii~S .~ted .in the City
of Bakersfield, California, the exact boundaries of sa.i.d Proj~i~* are specifically
described in the Southeast Bakersfield Redevelopme ~i~n, or~!ii~I~i~iii.t...be~;~,:..City Clerk~¢
CITY and incorporated herein by this reference. ~i~ ,.~i ~'"' '"":ii
ARTICLE I1~! '*~
300. PARTIES TO THE AGREEMENT ~'"'"~=
301. CITY .
The City of Bakersfield is a '~liifornia charter city.
The principal office of the CITY is Tru~{~'"~'n Avenue, Bakersfield,
California 93301.
302. AGENCY
The is a public body, corporate and
politic, ~ing gover functi~ and organized and existing under
the Law of California (Health and Safety Code
~ ~al office of the AGENCY is located at City Hall, 1501
Truxtun ia 93301.
303.
~,Y P. OLMSCHEID DEVELOPMENT COMPANY,
a proprietorship unction with D.W. SIVERS COMPANY, an Oregon "C"
c~ to do business in the State of California. The principal office of
)PER is Io! ~d at 190 ;North Wiget Lane, Suite 260, Walnut Creek, California .
)PER has extensive knowledge and experience in (i) retail
(ii) construction supervision and inspection; and (iii) the coordination of the
engineering, architecture and construction of large multi-tenant properties.
The substitution or addition of any entity as a party to this Agreement
pursuant to this Section 303 shall not be effective unless and until such substituted or
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January 11,2001 (10:53AM) Page 3 of 28 Pages
additional entity has furnished to CITY and AGENCY, in form acceptable to its legal
counsel, an express undertaking to be bound by all provisions of this Agreement which
apply to DEVELOPER. Such substitution must be consented to in writing by CITY and
AGENCY.
304. Contract Manager
All notices, contacts and submittals required of DEVELOPER by this
Agreement shall be in writing to the City-Manager of the City of-Bakersfield, or his
designee, at the address set forth in Section 301 herein.
ARTICLE IV
400. CONDITIONSPRECEDENT TO D
The following' are oonditions obli and
AGENCY. Until the conditions are satisfied, neith, AGENCY a~ fated to
take any action under this Agreement. These con( ~t be satisfied by the time
stated or, if no time is stated, within forty-five (45) AGENCY approval
'of the Agreement. The CITY and AGENCy, in condition or agree
in writing to extend the t. ime for satisfactio~ and terminate this
Agreement as provided herein for the ~dition
401. Existence and On or before signing this
.- Agreement, g to the CITY and
AGENCY: organization with a certification
or other ¥'of State showing that the .articles
is a legal entity; (b) a certified copy
· ' of agreement, signed by all members, (i)
~at the entity is to construct and operate
le Project, (ii) authorizing DEVELOPER to enter into
Agreement, (iii) naming Ray Olmscheid as the
of DEVELOPER, (iv) authorizing.Ray Olmscheid
reement and any and all documents necessary to
the purposes of this Agreement; (c) a tax identification
'DEVELOPER; (d) a letter or other evidence from
Di constrUction and permanent lenders that
VELOPER is the 'borrower for the leans and loan oommitments;
:1 (e) evidence that DEVELOPER is adequately capitalized.
Financing Commitments. On or ~before signing this Agreement,
DEVELOPER will provide construction and permanent loan
commitments from qualified conventional commercial lenders in
sufficient amounts for DEVELOPER to complete DEVELOPER's
reSponsibilities under this Agreement. Any conditions to the loan
commitments must-be acceptable to CITY and AGENCY in their sole
discretion. The commitments must be-signed by the lenders and
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January 11,2001 (10:53AM) I"'a[~l~S
accepted in writing by DEVELOPER. DEVELOPER's construction
loan must, in the aggregate, be.not less than $
the permanent loan must not result in liens aggregating more than .~
403. Leases from Major Tenants. On or before signing this Agreement,
DEVELOPER will provide signed lease agreements acceptable to the
CITY and AGENCY as follows: (a) a lease with Montezuma Esparza
to occupy and operate an approximately 70,000 square foot movie
theater and to provide approximately $2.3 million of furnil fixtures
and equipment for the theater; (b) a lease
restaurant to occupy and operate an a square
foot restaurant on the Site; (c).a witl 'nity Sports and
Events, Inc. to occupy and ope~ and
skating facility in an approxim~ 73,00~
404. Leases or purchase agree
DEVELOPER does not intent construction i'four (4)
restaurant pads along the Canal (riverwalk) until
construction of the multi-use (construction on the
sports-themed restaurant will after acquisition
of the required-property), and/or sold
and open for 2002. The two (2)
other restaurants nal) shall be open for
business no late
As require~ this Agreement must impose
:h the r~d assisted by the Bakersfield
Redevel, ore, DEVELOPER's conveyance to
will.~ -the same covenants and conditions
and in the Grant Deed. As a successor
in the purchaser of any parcel will be, and
bound by, the terms of this Agreement. This
the requirement to begin and complete
:tic .accordance with the Schedule of Performance
herein. Any purchase agreement shall contain language
405. Reports and 'Financial Statements. On or before CITY and
;ENCY approve this Agreement, DEVELOPER will provide credit
fin. ancial statements, and financial data, satisfactory to the
CITY and AGENCY or their designee, evidencing DEVELOPER's
financial ability to complete DEVELOPER's obligations hereunder.
406. Marketing 'Plan for Project. On or before CITY and AGENCY
approve this Agreement, DEVELOPER will provide its marketing plan
which will demonstrate how DEVELOPER will market the Project to
potential lessees as well as the public to ensure the economic
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success of the Project.
407. Performance and Material and Labor Bonds, DEVELOPER shall
cause to be issued, a performance (completion) bond and a payment
bond (labor and materials bond), each in the amount of one hundred
percent (100%) of the estimated cost of DEVELOPER's portion of the
Project, from a surety company admitted and licensed in California
with a Best rating of "A" or better and approved .by CITY. and
AGENCY, and naming the CITY and AGENCY as beneficiaries.
These bonds must be in a form approved by CITY's le counsel.
ARTICLE V
500. CONDITIONS 'PRECEDENT
The following are conditions [
Until the conditions are-satisfied, DEVELOPER-is
this AgreemenL These conditions must be time is
stated, then within forty-five days after CITY and" approve .this Agreement.
DEVELOPER, in writing, may waive any condition c .to extend the time for
satisfaction. DEVELOPER may terminate this Ag herein for the failure
of a condition.
501. Lease with Sin use' of multi-use
stadium, CITY ente~ ireement with a single "A"
baseball the stadium. DEVELOPER
acknowled such an agreement' until
CITY reement.
~:.
502.' tl Completion and adoption, of an
tal ~ort under the California Environmental
garding the Project. Completion and adoption of
s under the National Environmental Protection Act
of Southeast Bakersfield Redevelopment 'Plan, The
~ment Plan must' be amended to identify the multi-use
as a facility which may be financially assisted by AGENCY.
504. g of Multi-USe Stadium. CITY and AGENCY
hall work diligently to undertake a funding.mechanism to ensure that
the multi-use, stadium can be constructed. Every effort will be .made
to coordinate closing of CITY/AGENCY's funding mechanism with
DEVELOPER's loans. Public records concerning CITY's and
AGENCY's efforts shall be given to DEVELOPER upon written
request.
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ARTICLE VI
600. ACQUISITION OF THE SITE
60,1.. Acquisition-of the Site
.DEVELOPER shall use its best efforts to acquire all non-residential
properties making up the Entertainment Portion of :the Site which are not owned by
DEVELOPER, CITY or AGENCY at the time of execution of this Agreement nor needed
by CITY for mdlti-use stadium and its requisite ·parking. CITY and AGENCY shall use their
best efforts to assist DEVELOPER in acquiring all residential prqPerties..~ing up the
Entertainment Portion of the Site which are not owned by DEVELO~B .,C....i..t.~ or AGENCY
properties needed .for the multi-use stadium and its..'.:i~quisite~¢~ing?~ ~t.':'ii~.,..p........a..'E~ls
required for the multi-use-recreation and ice skati~l~.e.....c, il!~l~'nd its reqiJ~i~~t¢~g, all
funds for purchase of property making up the 'Ent~ii~t Portion of th'~'"'-"ii~tf~¢:~hall be
DEVELOPER
issues relating to the coordination of the., ,n of'"'"""-'"'-----"~i~i~=,.and demolition of
improvements on the .properties needed e sta~?':'
DEVELOPER shall be removal of hazardous
waste, if any exists, from any ~ AGENCY for the multi-
use stadium.
DEVELOPER be uested by CITY or AGENCY, to
supervise site work ;ite.
se up to EIGHT HUNDRED THOUSAND DOLLARS
funds to write down the cost of construction of the
ice.rink portk and,ice skating facility only. DEVELOPER need
not CITY. CITY shall contribute any CITy-owned land
which i.,. of the .multi-use recreation and ice skating facility and
requi~ via with DEVELOPER. In the event that more land than is
C-CITY is :'the multi-use recreation and .ice skating facility, CITY shall
a, 'e the needed p ~erty and'shall lease those parcels~to DEVELOPER in exchange
f EVELOPER g~ lng to CITY parcels of similar square footage and characteristics
3PI ' ' elsewhere on the Site which are needed by CITY to meet
der this Agreement.
UAGE NEEDED-REGARDING UNFUNDED PORTION OF ICE RINK ****
A table outlining the parcel number, appraised value and entity acquiring the
property is attached hereto as Exhibit" "and incorporated herein by reference.
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DEVELOPER agrees that no property owner will be offered less than fair
market value for their property as determined by appraisals performed pursuant to City of
Bakersfield Agreement No. 00-211. Fair market value may be achieved by means other
than cash (e.g., a property owner may be amenable to acceptance of title to another
property of equal value in lieu .of cash).
DEVELOPER is free to negotiate property acquisition and structure land
exchanges relative to properties as DEVELOPER deems appropriate provided all
redevelopment and relocation laws are followed. As outlined.above, if a property owner
prefers another property in lieu of cash, such a transaction is permitted as~long asthe
property owner receives the eqUivalent of fair market value and al.I ~eloca.t..i~" issues are
resolved to the'owner's and tenant's satisfaction. .~i~!.~i~i~:. ~.~i!~li?' ....
DEVELOPER agrees and understar i: all '~~iiii~....cquisitions ar..:....e....~
subject to state and/or federal relocation ~equire!~'. DE~~!I inform..:~i'J
owners and .tenants of their rights.,under the Californi .3..~J~Ws
laws, whichever are applicable. DEVEL,O,,PER shall ....... ~er and":~iii~'cted
the relocation information form.entitled within six~:~i!~i~"days of
initiation of negotiations for acquisition. A sam attached hereto as Exhibit
"C". Each owner, tenant, lessee or sublessee shall ment of receipt of
that relocation information sheet. The form attached hereto as
Exhibit "D". DEVELOPER shall submit all ment to CITY's Senior
Real Property Agent at the address set 301 as soon as possible
after they are signed.
No escrow will close any ie property owner(s) and/or
tenants, lessees or sub'lesse~ a agreeing that the relocation
requirements have been met y relocation assistance from CITY
or AGENCY. Such form is t "E".
Jrchase agreement in the form attached
hereto " ase agreement will :contain a nominee clause which will
allow, for by CITY or AGENCY to be deeded directly to
DEVEL( of.~ properties acquired by CITY or AGENCY which
are !R Project.
DEVELi and AGENCY shall devote their.best efforts to ensure
close ~neously.
CITY AGENCY shall adopt a Relocation Plan which shall address the
tion needs residences and non-profit organizations.
event all reasonable efforts fail and DEVELOPER, CITY and/or
~not successfully negotiate-for the purchase of a property(ies), CITY and/or
AGENCY agree to explore the possibility of condemnation. CITY and/or AGENCY do not
guarantee that condemnation will be used, as each property must be evaluated on a case-
by-case basis as to its public use and necessity and other issues. If, after the requisite
public hearings, the required findings can be made, CITY and/or AGENCY will proceed
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with the condemnation. Prior to requesting condemnation, all parties must agree in writing.
· that it is impossible to voluntarily acquire the property(les).
DEVELOPER agrees .to reimburse CITY and/or AGENCY for the actual costs
(eXClusive of staff costs) associated with such condemnation action(s), if any.' Said costs
specifically include, but are not limited to, litigation guarantee(s) provided by a title
company and all costs/fees associated with efforts to obtain pre-judgment possession of
property, including the required deposit of fair market value prior to possession granted
to CITY or AGENCY.
CITY and AGENCY shall utilize the same procedu, res above in
acquiring the residential properties for the Entertainment Portior ect.
For all voluntary acquisitions, escr. ow lii ! pen afte..r.,
execution of.this Agreement by all parties. .,~::'
DEVELOPER shall consult with and in the the
AME Church property and the subsequent by:
1. Negotiating the purchase
2. Locating and negotiating te for a new church
acceptable to AME (
3. Negotiating the church for AME
Church;
4. Overseeing
5. Assisting in the AME Church to occupy
while new
700. CITY/AGENCY'S OBLIGATIONS TO
THE SITE
precedent to CITY and AGENCY's obligations
to acquire fo~ 'roject. The party named must satisfy the condition
by the ti benefitting waives the condition, or agrees in writing
to of party to benefit from the ~condition may terminate thiS
Ag~ as n for failure of any of the following conditions:
.~iii!ii/!!!i!i. 7o1., .:~praisals and Review Appraisals. In order to ensure property
iiiii~ii~!~,,.,¢~l~ii~vners-receive.just and full compensation, fair and objective property
~iii!ii/li~i!~ii~i~!ii~.~,,.,.~..,,.....~.,~:,,.~i¢*' valuations and consistency in acquisition, CITY has procured the
'~¢,.:~.:,:i~:.,..i.,,'.~i~!!~ii~:;..~...'......'...i~.~;.~:~.¢:'''' services of certified appraisers to appraise all properbes contained
'.'.~.~.~:::.~.,!:.!:~:~.?~..'..~:~:~[:~= ..... .
...... ~..'.¢.:-.'~i~¢-~,' ..... within the Site (initial appraisals and review appraisals).
DEVELOPER shall reimburse CITY for the costs and expenses of
such appraisals as set forth in Agreement No. 00-211, approved by
the City Council on August 16, 2000.
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January 11,2001 (10:53AM) ra~e
702. Adoption of Relocation Plan and Replacement Housing Plan.
CITY and AGENCY must adopt a Relocation Plan and Replacement
Housing Plan.
703. DEVELOPER's Deposit of Acquisition Funds. Within ten (10) days
of approval of this Agreement by CITY and AGENCY, DEVELOPER
shall deposit with a title company of CITY and AGENCY's choice an
amount at least equal to the aggregate amount of all of the residential
properties which must be acquired for the Entertainment Portion of
· the Project. Additionally, DEVELOPER shall deposit amount at
least equal to the estimated costs to relocate lents and
other acquisition costs associated with the Portion of
the Project. .':~.
ARTICLE VIII.:
800. *DISPOSITION OF THE SITE
801. After all of the properties within the red by either CITY, AGENCY
or DEVELOPER, the parties shall meet and title of*properties to each
other as needed for the Project. For example, C e to all properties upon
which the multi-use stadium and its requisite be DEVELOPER shall
need title to all other properties.
In lieu Of sale of the .prol and DEVELOPER,
it is agreed that all parties will (cleared land for cleared
land, .paved parking lot for of the like square footage.
CITY, that all necessary demolition will be
completed any other party. All foundations shall be
rem~ be removed prior to .transfer of title. The
environmental review shall be completed and any
the transfer of title.
'.R shall share one hundred fifty (150) parking spaces
located northeast corner of 14t~ and N Streets. The spaces are
and incorporated 'herein by reference. CITY shall have
solt lot during events held at Centennial-Garden. DEVELOPER shall
during all times when there are no events at Centennial Garden.
parcels needed .either for the construction of the multi-use
facility or the required parking therefor (approximately 2.54 acres)
to DEVELOPER for twenty-three (23) years with one five (5) year option for
O R ($1.00) per year under the following conditions: 1 ) DEVELOPER shall execute
a lease with CITY substantially in the form attached hereto as Exhibit" "; 2) DEVELOPER
will compute -the rent DEVELOPER charges to its multi-sports facility tenant to be only that
amount needed to fully amortize DEVELOPER's out,of-pocket Cost of construction (including
the parking) -- DEVELOPER shall not recover the amount of money donated by the
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community or other non-DEVELOPER sources. In the event the CITY-owned (leased)
property ceases to be used as a multi-sports facility and required parking, the lease amount
shall cease to be .ONE DOLLAR ($1.00) and shall revert to full market value. Additionally,
CITY shall have first right of refusal to purchase the multi-sports facilitywithin sixty (60) days
of cessation of the facility's use as a multi-use recreation and ice skating facility.
CITY shall own the ice rink portion of the multi-sports facility building. (See
Exhibit "_").
The multi-use recreation and ice skating facility tenant (Comm~ Sports and
Events, Inc.) shall pay for all furniture, fixture and equipment for the ice portion of the
facility.
Upon expiration of the lease term or renew the
is not exercised, the multi-Use recreation and revert
ownership.
802, Parcel 'Exchange{s)
CITY, AGENCY and DEVELOPER an escrow, pending the
successful completion of .the financing package requirements, grant
deeds to the properties in form and substar ched "H" reasonably
satisfactory to DEVELOPER, CITY and AGI made out in the .name
of OF BAKERSFIELD or the
BAKERSFIELD REDEVELOPMENT simple conveyance of the
properties subject to.each party's rig ~PER shall have the right
to encumber its property to the to the debt instruments referred to
herein. CITY and AGENCY s ~is.tent with this section to permit'said
encumbrance of the Entertain for purposes of obtaining construction
and/or Ion ~rm financin :onstruction of the Entertainment Portion
of the Pr
803. to .Parcel Exchange(s)
CITY or AGENCY of any property within the
~)EVELOPER, the followingconditions must be completed:
A. Planning Commission of the City of Bakersfield must find the
uisition and/or disposition of-the property(ies) to be in'conformance
,ith the City of Bakersfield's General Plan (Government Code section
65402).
B. All of DEVELOPER's financing as set forth in this Agreement' shall be in
place.
C. The .Performance and Payment Bonds as set forth herein must be
delivered to CITY.
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D. Indemnification for hazardous materials/contamination/clean-up provided.
E. Insurance as required-herein.
804. Eminent Domain
'If, after DEVELOPER, CITY and AGENCY agree that a particular property within
the Site is not attainable via voluntary purchase, the parties acknowledge that DEVELOPER
will request-CITY or AGENCY to condemn the property. Neither CITY nor AGENCY
guarantee that any pFoperty-will be acquired using eminent domai~.n. AGENCY
shall use their best efforts to acquirethe property(les), but must rev on a case-
by-case basis and, if the requisite findings can be made at )ublic hearing, will
proceed with condemnation.
805. Possession of .Entertainment
UPon Successful completion of all of p~ conditions,
the escrow agent shall be authorized to transfer the property(les)
within the Entertainment Portion of the Site to and record the deeds in
DEVELOPER's .name. CITY and AGENCY warr~[' and n transfer of title to the
property(les), that the DEVELOPER shall have ~t of pc the property(les) so
that it may expeditiously complete ie escrow agent shall be
authorized to..transfer the requisite .DEVl ;s) within the Site to CITY
and record the deeds in CITY's and agrees, upon transfer of
title to the property(les), that CITY ~ II hav session of the property(les) so
that it may expeditiously complt
The the. time of the commencement of the term
of this Ag~ is suc permi and construction of the Project in
accorda s
including .presence of hazardous materials, of the
allentirely suitable for the' use or uses to which the
pro sole responsibility and obligation of the DEVELOPER
to take lecessary to place the property(les) in a condition suitable for
devel Neil AGENCY shall be responsible for any items of work
cor~ with this
r.Work 'by ~ENTERTAIN MENT DEVELOPER
to the transfer of title to the property(les) from CITY .or AGENCY to
of DEVELOPER shall have the right of access to .the
at all reasonable times-for the purposeOf obtaining data and making surveys and
tests-necessary'to carry out this Agreement. DEVELOPER shall defend, indemnify and hold
CITY and AGENCY 'harmless for any injury or damages arising out of any activity of
DEVELOPER, its agents, employees or independent contractors, pursuant to this Agreement.
DEVELOPER shall have access to all data and information regarding the Site in the
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28
January 11,2001 (10:53AM) ragu rages
possession of or reasonably available to CITY and AGENCY.
Any work undertaken on the CITY or AGENCY-owned property(ies) by
DEVELOPER prior to Conveyance of title thereto ~ shall be done at DEVELOPER's sole
expense and only in accordance with this Agreement. DEVELOPER shall save, hold harmless
and indemnify CITY and AGENCY against any claims resulting from such work, access or use
of the property(ies). Copies of all data, surveys and tests, including but not limited to the cost
analysis .performed or obtained by DEVELOPER on-the Site shall be filed with CITY and
AGENCY. Any preliminary work by DEVELOPER shall be undertaken only after securing all
necessary permitsfrom the appropriate governmental agencies.
CITY
and
the Site :to ~DEVELOPER, to .furnish to DEVELOPE~ilI~<i-- ~gEVE~i~i~..t..~ througb,.i~""?title
comPany satisfactory to DEVELOPER an-CLTA ~i~er's F~'~='poli~ii~:~t (the
· "Title Policy")with such endorsements as DEVELO~i~?.or D...~=ELOPER;'~!!ii~~ii~'ny, may
reasonably require covering the Site and insurl~i!i~LOPER in t~=~i~nt of the
estimated completed value of the Site that fee si~li~i!~,vested in ENTERTAINMENT
DEVELOPER subject only to (1) the standard printe~i~~iii~=gntained in the Title
Policy;
(2) liens arising by reason of any current n&~!delin'~ii~..eral'"" '~=="~===~'"' taxes, bonds and
assessments due or payable on all or an, Site; ~~' Permitted Exceptions
as defined in the Title Policy. The Title Poli n affi~'endorsements ensuring
DEVELOPER that there are no violati( if any, affecting the
Site, and that the Site's im~ ) not adjoining property, nor do
any improvements on adjoining eric ,ire.
DEVELOPER of title to any property within the
Site to CITY, to furnish to h a title company satisfactory to CITY,
an CLTA _~er's Form its 'Title Policy") with such endorsements as
CITY. insuring DEVELOPER in the amount of
the Ihe Site that fee 'simple title is vested in CITY subject only
to (1) the in the Title.Policy; (2) liens arising by reason
of any curre~ bonds and assessments due or payable on all
or any Exceptions as defined in .the Title Policy. The
Title Poli ~ndorsements ensuring CITY that there are no violations
of cover affecting the Site, and that the Site!s improvements do not
onto any property, nor do any improvements on adjoining property
onto the "
Title ~Report.
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ARTICLE IX.
900. DEVELOPMENT OF THE SIT-E
901' Scope of Development
The Site shall be developed in accordance with this Agreement and, more
particularly, the plans and specifications.furnished by DEVELO:PER,,.to .and..~i'oved by CITY
and AGENCY, which define the overall development which will o..~r ~.t.'!i¢~ Site.
'902. Cost of :Construction · ~.~!i!~ii~':":i ' ':~~~i~~
The cost of redeveloping and constru~ all m~'~m i~,i~'"?~h the
exception of the multi-use Stadium and Stadium~[~..d...=i~t~king area$'~?=ii~~?"borne by
DEVELOPER. In the event the Project should cos'~iii~ili~i..construct than"~ated herein
or DEVELOPER makes changes to the Project w~!~iii~se ~the"redevelopment costs,
DEVELOPER shall pay for and bear full responsib.~t~='=~ii~iiil!i~ costs.
903. Schedule
DEVELOPER shall to ICY for review and approval a
schedule outlining the .time on Project will be done. This document
shall be in the form of Exhibit "1 H( this schedule shall be referred
to as the "Schedule of ~nce.":: ;ER shall commence .and complete all
redevelopr within of Performance or such reasonable
extensi, b, .lly agreed upon by CITY, AGENCY and
DE~ Performance is subject to revision from time to time if
mutually DEVELOPER, CITY and AGENCY. The AGENCY's
Executive Dir authorized to approve an extension of no more
than nyset for performance in DEVELOPER's Schedule of
Perform II automatically add that same amount of time to any act which
is co lent upon subsequent to the act for which the extension was
D[ shall complete all redevelopment as required ~herein by November
)02. PER will produce a Schedule of Performance, which shall call for
project by November 30, 2002. It is anticipated that the multi-use
ction shall be completed and .it will be open for business by November 30,
20i ~e event construction on the multi-use stadium is delayed in such a way that its
construction will not be completed and the stadium open by November' 30, 2002,
DEVELOPER's Schedule of Performance will be extended such that the project will be
completed the same time as the multi'use stadium.
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904. Rehabilitation and Operation Standards
DEVELOPER shall redevelop, complete and maintain the Project .in accordance
with the plans and specifications delivered to CITY and AGENCY by DEVELOPER, which
plans and specifications shall have been drawn by architects and engineers .of DEVELOPER
and shall have been approved for consistency with CITY's General Plan, the Southeast
Bakersfield Redevelopment Plan and all applicable development standards by AGENCY and
905. Bodily Injury, Property Damage and Workers' Compensation Insurance
Prior to the'conveyance of anyreal property as set DEVELOPER
shall each furnish or cause to be furnished to CITY )licate originals or
appropriate certificates of bodily injury and pro~ing
coverage on an occurrence basis in the least rany
$10,000,000 for any occurrence and $5. and
AGENCY as additional insureds. DEVELOPER ;h or cau shed to
. CITY and AGENCY evidence satisfactory to that with
whom it has contracted for the performance .workers' compensation
insurance as required by law. Such insurance shall 'until CITY and AGENCY
have issued its Certificate of Completion'for the ~ce shall be placed with
a carrier having a Bests' rating of A;VII or :bette shall not require
contribution by any insurance or .. of AGENCY, and shall
provide that the carrier will give CITY an( days prior notice of any
termination Or substantial reduction
906. City and Other
Before comme ~ent.of~ ,pment of any buildings, structures
or ~)f improve1 ¢' .... the proVided for by this Agreement,
DEVEL( all, or cause to be secured, any and all permits
which ired or any other governmental or pr-ivate agency
affected such construction, development or work.
907.
For the g compliance with this Agreement, representatives
of and A( reasonable right of access to the Site without charges or
.nd at normal co~ hours during the .period of redevelopment, including, but not
d .to, the ins[on of the work-being performed in constructing the improvements
inspections shall not unreasonably interfere with the redevelopment
~)EVELOPER shall .not be liable for any negligence of representative(s) of
in performing inspections. CITY and AGENCY expressly reserve any and
all immunities granted to them under applicable laws relating to. negligence of their
representatives in performing inspections hereunder. This provision shall not be construed
to replace or modify inspection requirements arising out of the issuance of building, permits
or land use entitlements.
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908. Local; State and Federal Laws
DEVELOPER shall carry out the development of the .improvements and all other
work and activities provided for in this Agreement in conformity with all applicable laws. It is
understood that DEVELOPER is responsible for compliance with all applicable laws including,
but not limited to, the California Labor Code, California Public Contract Code and the
.California Government Code. CITY and AGENCY make no representation as to the
applicability or inapPlicability of any laws regarding contracts, and especially the payment of
prevailing wages thereunder. DEVELOPER will not hold or Seek to hold CITY or AGENCY
liable and DEVELO:PER will indemnify CITY and AGENCY against third or other
enforcement entities from and for any failure bY DEVELOPER to such laws
without regard to whether' CITY or AGENCY knew, could 'have kn( have known
as to the necessity .of such compliance.
909. Anti-Discrimination During
As with all projects in which 'the Baker
in any way, DEVELOPER, for themselves andtheir 's and assigns, that in the
redevelopment.of-the Site and .in the Operations, -maintenance provided for
in 'this .Agreement to be .performed by
A. DEVELOPER will not discrimi ainst or applicant for
employment because of sex, national origin,
ancestry or marital status :, but not be limited to; the
following: em or transfer; recruitment or
recruitment adverti for employees; layoffs
or termination; for. of compensation; and selection for
training, includin¢ agree to post in conspicuous
places, availab for employment, notice setting
forth the ~s of thi lination clause.
iprovisions of this Section, DEVELO.PERshall be
labor hereunder pursuant to the rules, regulations and
unions.
910. Encumbrances and ~Liens
A. )PER shall pay when due all personal property taxes and all
taxes or assesdue from DEVELOPER. Unless otherwise addressed herein,
shall when due all real estate taxes and assessments assessed and levied
Site for a subsequent to transfer of title to DEVELOPER. Nothing herein
Jeemed to prohibit DEVELOPER from contesting the validity or amounts
Sessment, encumbrance or lien, nor to limit the remedies available to.
!R in respect thereto.
B. After DEVELOPER aCquires title to all properties pursuant to of this
Agreement, and DEVELOPER is not in default in respect to any of its obligations under this
Agreement, ~then DEVELOPER may pledge their interest within the Site as collateral for the
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satisfaction of payment obligations associated with private financing where the proceeds
thereof are used entirely for completion of the Project, and CITYand AGENCY hereby agree,
jointly and severally, that any lien or encumbrance on the Site held by CITY or-AGENCY and
arising directly out of a loan or contribution made to DEVELOPER by CITY or AGENCY to
assist in completion of the Project shall be subordinate to a lien created-by DEVELOPER in
order to obtain private financing for the Project.
9i 1. Fees and Tax Rebates
In order to offset costs of constructing the multi-use stadium., DEVELOPER
agrees that tax increment generated .by the Project and flowing to A..GENC~i~all 'be used by
AGENCY to assist-CITY in financing the construction of the mult. i~§:
Because the tax increment money'~'"'~" ~'~'"'~'~'='~'~'='~'~i'ated'4~.".e..~. non-ClTY-o~..ned
property(les) within the-Entertainment Portion of the S.;i~hs~'~''''''~''''''' going :..t:...e:ii'~ii?~'ii~!~.~,d.., to assi%~i'i~ng-
term repayment of the multi-use stadium, DEVE'L..'.-~iSER ag.~,.~¢~
property within the Entertainment Portion of the Si{~!i!~:iJl re~ .on the ~":"~'~,..."~i~!~lls for a
minimum of twenty-thre,e' (23) years commencing ~!i~l. Project reoeivi'~:- ~!~;~'~rtificate of
from .CITY s Building Department. i~i~i!i~ion of the non-CITy owned
Occupancy
property(les) within the Entertainment Portion of the.,:~i!~":~~...s...e~":"":~"'"'~'":':-~"':'"'""'" to remain on the tax rolls
for any part of those twenty-three (23) years, DEVE~ PER:'~,iii!~ii..b..,reached this Agreement
and shall owe AGENCY and CITY an amount the ta,~":¥~~'that .would have been
received by the AGENCY had the ;property f¢~!i!~ tax rolls. This remedy
is cumulative and is in addition to all I~¢or equity and available to
CITY .or AGENCY.
Additionally, CITY stadium will be used as a multi-use
stadium for'a .minimum g upon the stadium receiving a
Certificate of Occupancy
912.
,pment to be completed by DEVELOPER, CITY
and' AGEN( uest, furnish DEVELOPER with' a Certificate of
Com for improvements upon the Site shall be in such form
as to p~ Recorder's Office of 'Kern County.
CITY al ENCY shall not unreasonably withhold any Certificate of
~letion. tf refuse or fail to furnish a Certificate of Completion for the
lten re( by DEVELOPER, CITY and AGENCY shall, within thirty (30) days
reqt provide.DEVELOPER with a written statement of the reasons CITY and
r failed to furnish a Certificate of Completion. The statement shall also
and AGENCY's opinion of the action DEVELOPER must take to obtain a
Ci Completion. If the reason for such refusal is confined to the immediate
availability of specific items of materials for landscaping, CITY and AGENCY will issue its
Certificate of Completion.upon the posting of a letter of credit or performance bond by
DEVELOPER with AGENCY in an 'amount representing the estimated .cost of the completion
of the work not yet completed. If CITY and AGENCY fail to provide such written statement
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January11,2001 (10:53AM) Page 17 of 28 Pages
within Said thirty (30) day period, DEVELOPER shall be deemed entitled to the Certificate of
Completionl Said security shall remain in force until the unfinished work is completed.
Such Certificate of Completion is not the notice of completion referred to in
California Civil Code Section 3093.
ARTICLE X.
1000. MANAGEMENT AND CONT:ROL OF PROJECT
1001. Prohibition ~Against Transfer
The qualifications and identity of DEVELO concern to CITY
and AGENCY, and it is because of these qualificatio TY and
have entered into this'.Agreement with the PER. or invc
successor in interest of DEVELOPER shall ~ment
except as provided in this Agreement.. assign, assign
except as permitted elsewhere herein, all or any Agreement wi Ir~or written
approval of CITY and AGENCY except as may ~d by a permitted lender or
underwriter herein.
1002. The Site Must Stay on Real Tax
This Agreement contem property tax increment
monies. Therefore, it is agreed Site shall remain on the
real property tax rolls for a term g .upon a Certificate of
Occupancy for the last facet of ~nt of the Project. If the Entertainment
Portion of the Site, or any porti, real property tax rolls for any time
prior to the expiration of ;ars, the CITY and AGENCY shall be
.entitled to remedies hereir'
ARTICLE Xl
1100. I ECT
cost of .the Project is in excess of Fifty Million Dollars
($50, ). In DEVELOPER's financing, the parties agree as set forth
bel.
iment Portion of the Site
The following provisions shall apply to private financing;
1. The proceeds of such financing shall be available to DEVELOPER
in full not later than forty-five (45) days after this Agreement is signed, and shall be in an
amount sufficient to complete the following elements of the Project in accordance with plans
and specifications approved .by CITY and AGENCY: the movie theater, the multi-sports facility
and the sports, cafe.
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2. Prior to conveyance of any CITY or AGENCY-owned property(les)
of the .Entertainment Portion of the Site to .DEVELOPER, DEVELOPER shall provide evidence
satisfactory to CITY and AGENCY demonstrating that DEVELOPER has obtained financing
sufficient to complete the Entertainment Portion of the Project.
1102. Multi-Use Stadium
CITY shall construct the multi-use Stadium and such construction shall be
completed with CITY and AGENCY funds. CITY and AGENCY shall engage the firm of
Rossetti and Associates ("the Architect") to design .the multi-use stadium, shall negotiate
a guaranteed maximum price for the construction of the mul' upon the
"spec book" prepared by the Architect. CITY shall adhere to all its, requirements
regarding bidding of the construction.
DEVELOPER will assist CITY in all st~ ,Iopment.:~:'the
multi-use Stadium and surrounding areas (e.g.,
CITY and AGENCY shall monitor an all phases of of the
multi-use stadium.
SPECIFICS OF MULTI-USE
Suites, FF&E, .concessions
1103. Parking
CITY all required for the multi-use stadium.
DEVELOPER shall provide ng e remainder of the Project. CITY and
DEVELOPER shall share on rking spaces located at CITY's parking
lot at the r~.e. rtheast cor The spaces are shown in Exhibit "G"
attache( ,d
1104.
I )nditional Use Permit ("CUP") for the multi-use stadium.
DEVEL, tuse of action under this Agreement if the CUP is denied.
1 1' Vacations/Parcel .Map
or alley vacation will 'be processed through the regular CITY process
CITY and AGENCY have. resolved all issues regarding property
.OPER shall have no cause of action 'under this Agreement is any street
be legally vacated.
1 106. Enterprise Zone Expansion
CITY agrees to file an application with the California Trade and Commerce
Agency to expand the Southeast Metropolitan Enterprise Zone to include the Site.
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1107. DEVELOPER's Financing -Not Obtained
A. All financing needed by DEVELOPER to fulfill its obligations under this
Agreement shall be in place within forty-five (45) days from the date this Agreement .is signed
by all parties. In the' event said financing has not been provided or is not available, then,
except as .provided in subsection B of this Section, CITY, AGENCY and DEVELOPER are
relieved of all obligations hereunder and this Agreement is terminated; provided, however,
each party shall return to the other party everything of value received from the other party
pursuant to this Agreement, and each party shall remain responsible for previously
incurred and funds advanced pursuant to this Agreement by such as provided
by way of separate reimbursement agreements executed d 'DEVELOPER.
B. If this Agreement is terminated A hereof ~en
DEVELOPER shall promptly on or before the fror ~s
executed reimburse .CITY and AGENCY for all
of'Property(les) within the Site.
ARTICLE
1200. USES OF THE SITE
1201. Uses-of the Site
DEYEL£ assigns and every
suc_~essor in interest that during iEVELOPER, theirs successors
and assigns shall devote the S in the Redevelopment Plan and this
Agreement for the periods of
1202.
=ER shall supervise and be solely responsible for
the conve al to a featured water element for the Project.
;ndl!
Similar .Plaza and Amtrak station
Public area
of the Site
DEVELOPER shall maintain the Entertainment Portion of the Site, .including the
parking facilities and landscaping in a good condition and shall keep the Site free from any
accumulation of debris or waste materials prior to and after construction. DEVELOPER shall
a~so maintain the landscaping required to be planted, if any, in a healthy condition.
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If, at any time, DEVELOPER fails to maintain the landscaping as required by this
Section, and the condition is not corrected within a reasonable.time from the date of written
notice to correct from CITY and/or AGENCY, CITY and/or AGENCY may perform the
necessary landscaping maintenance, and DEVELOPER shall pay all such costs as are
reasonably incurred for such maintenance.
Within forty-five (45) days of execution of this Agreement by all parties, the
parties shall execute and record a landscape and improvement maintenance agreement
outlining each parties' responsibilities to maintain the landscape, parking lots and structures
in their respective portions of the Site.
..:i~..,
DEVELOPER covenants and agrees f..~iii~self,
successor in interest to the Site, or any parts thereo~iii~i:....!:~ .a..B~:~her right ~"~ili'~i~i~e, there
shall be no discrimination against or segregatio~l!~ii~il;iDerson, or gro~J:~l~¢~ersons,' on
account of sex, race, color, marital status, creed, r~~~.~tional origin or ancestry in the
lease, sublease, transfer, use occupancy, 'ten..u..~"-'?~i!iii~j~:gnt of the Site, nor shall
DEVELOPER, or any person claiming under or t~'~ugh"~I~i~.~blish'"' ~-~'"'"?'~~~ or permit anY such
practice or practices of discrimination or se re~i~ii:.the selection,
locati°n,
number, use or occupancy of tenants, le~ ~nts, ~i~i~'sees or vendees of the
Site. The foregoing covenant shall run
1205. Form of Nondiscrim Clauses
DEVELOPER sh; the rental or lease of the property or
property rights on the basis status, creed, religion, ancestry or
national ' ' of any-p( ~r contracts shall contain or be subject to
sub: nonsegregation clauses:
(a', see herein covenants by and for itself, its successors
claiming under or through it, and this lease is
and subject to the following conditions:
there shall be no discrimination against or segregation of any
or group of persons, on account of race, color, creed,
religion, sex, marital status, ' national origin or ancestry in the
leasing, subleasing, transferring, use, occUpancy, tenure or
enjoyment of the premises herein leased, nor shall the lessee
itself, or any person claiming under or through it, establish or
permit any such practice or practices of discrimination or
segregation with reference to the selection, location, number, use
or occupancy of tenants, lessees, sublessee, subtenants or
vendees in the premises herein leased."
(b) In Contracts: 'q'here shall be no discrimination against or segregation of
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any person, or group of persons, on account .of race, color, creed, sex,
religion, marital status, national origin or ancestry in the sale, lease,
sublease, transfer, use, occupancy, tenure or enjoyment of the premises,
nor shall the transferee itself, or any Person claiming under or through it,
establish or permit any such practice or practices of discrimination or
segregation with reference to the selection, location, number, use or
occupancy of tenants, lessees, sub-tenants, sublessee or vendees of the
premises."
ARTICLE Xlll
1301. 'Defaults .:~.".'~.".:~:..':~¢~
.:~.~.~i~.:" ..:,,:~!~!!~;~:'"'~[.--[![~.".:~;';.';-'~';-'!!~.,,, .........
Subject to the extensions of bme for ~truct~on.:~ii~a'rsuan'fl~i~~t forth
in th,e Schedule of Performance, or otherwise purs~.:.t....,..o.. !~[!~greeme~i~i~'~'"~elay by
either party to perform any term or provision of this.~~t constitutes a '~'t under this
Agreement. Except as may be otherwise pr~i~i~i~ ~D, which provisions shall be
controlling, the party who so fails or delays must, u~iia:~i ~..or receiVing notice of such
default, immediately commence to cure, correct'~ rem~":'=~ !ii~i~[~[lure or delay and shall
complete such cure, correction or remedy wi ~nable
.....
The injured party must of d.~ib'lt"='~'"'"'~- to the party in default,
specifying the default complained the as. required.to protect
against further damages, and exce othe[ )rovided in this Agreement, the
injur, ed party .may not institute lainst party in default, nor shall the injured
party be able to enforce any hereunder, until thirty (30) days
after giving such notice and the not cured prior to the expiration
thereof, in givin~ ~otice ~stitute a waiver of any default nor shall it
change
ARTICLE XIV
1400. TERMINATION
1401 Termin
In the int that either party defaults and such default is not cured after the
notice given and time to cure has elapsed, the non-defaulting party may
. Agreement. The defaulting party shall be liable to the non-defaulting
:aused by such default.
14{ Institution of Legal Actions
Any party may institute legal action to cure, correct or remedy any default to
recover damages for any default or to obtain any other remedy consistent with the purpose
of this Agreement. Nothing in this Agreement precludes the instigation of an action for
S:~Edcd~CityCenter~agrs~citycenterddadrl 3,wpd
January 11,2001 (10:53AM) "'-ra~e 22 of 28 Pages
specific performance of the termS of this Agreement.
1403. .Rights and Remedies are Cumulative
-Except with respect to rights and remedies expressly declared to be exclusive
in this Agreement, the rights and remedies of the parties are cumulative, and the exercise by
either party of one or. more of such rights or remedies shall not preclude the exercise by it, at
the same or different times, of any other right or remedies for the same deft ult or any other
default by the other party.
1404. Se_oarate Right .as to Bonds
The performance and payment bond. forth ri of
CITY and AGENCY.
ARTICLE
1500. GENERAL PROVISIONS
1501. Notices, Demands and Parties
Formal notices, demand,, CITY, AGENCY and
DEVELOPER shall be sufficiently giv or certified mail, postage
prepaid, return receipt' .~s-of CITY; AGENCY and of
DEVELOPER as designated 302 303 hereof. Such written notices,
demands and commur the ~ manner to such other addresses as
either party may, from time de.~
~s commenced by DEVELOPER against CITY
and ~ss on CITY and/or AGENCY shall be made by. personal
service u other manner as may be provided by law.
" legal action is commenced by CITY and/or AGENCY
againSl of on DEVELOPER shall be made by a personal
servi¢ any in( as a party in Section 303 hereof or upon any officer of
DE ,OPER, or in s~ er as may be provided otherwise by law, and shall be valid
er made within Without the State of California.
of 'Interest
member, official or employee of CITY or AGENCY shall have any personal
inl or indirect, in this Agreement .nor shall such member, official or employee
participate in any decision relating to the Agreement which materially affects his personal
interest or the interests of any corporation, partnership or association in which he is .directly
or indirectly interested.
S:~Edcd\CityCenter~agrs~citycenterddadrl 3.wpd
23
of
28
January 11,2001 (10:53AM) ~age ray.s
DEVELOPER warrant that they have not paid or given, and will not pay or give,
to any officer, agent or employee of CITY or AGENCY or to any third party any money or other
consideration for obtaining this Agreement.
1503. Non-liability of CITY and AGENCY Officials and Employees
No member, official or employee of CITY or AGENCY shall be personally liable
to DEVELOPER, or any successor in .interest, in the event of any default or breach by CITY
or AGENCY or for any amount which may become due to DEVELOPER or successor or on
any obligations under the terms of this'Agreement.
1504. Enforced Delay: Extension of Times of
In addition to specific provisions of-this :e by either
hereunder shall not be deemed to be in default ~re due
insurrection, earthquakes, labor disputes, any del~ TY or
AGENCY, or acts.of God. An extension of time fori ~use shal of
the enforced delay and shall commence to run le of the of the
cause, if notice by the party claiming such extensio~ /he other party within ten (10)
days of the commencement of the cause, under this Agreement may
also be extended .by mutual agreement in writin and DEVELOPER.
1505. Approvals
Approvals 'required )EVELOPER shall not be
unreasonably withheld or, where a ti AGENCY or DEVELOPER
is not specified, shall not be ur ;layed 'each case in which a specific time
-period is prescribed for the ~r a particular item, if such approval (or
disapproval) is not forthCOmin the' item requiring approval shall be
deemed.a by term of this Agreement, including the
attachm acceptance, satisfaction, review or any other
action CITY or AGENCY, contemplates that the performance of
any such onable on the part of the party to grant such approval,
acceptance, action, and in respect to every item of these
Ag ,nts .hereto, DEVELOPER, CITY and AGENCY hereby
1 Brol
lhEnor AGENCY shall liable for any real estate commissions or
e fees o~ ;rs fees which.may arise herefrom. CITY, AGENCY and DEVELOPER
neither has engaged a broker, agent or finder in connection with this
1507. Execution
This Agreement is effective upon execution. It is the product of negotiation and
all parties are equally responsible for authorship of this Agreement. Section 1654 of the
S:~dcd\CityCenter~agrs~citycenterddadrl 3.wpd
January 11,2001 (~I0:53AM) Page 24 of 28 '"----r. age~
California Civil Code shall not apply to the interpretation of this Agreement.
1508. Exhibits
In the event of a conflict between the terms, conditions or specifications set forth
in this Agreement and those in exhibits attached hereto, the terms, conditions, or
specifications set forth in this Agreement shall prevaiL' All exhibits to which reference is made
in this Agreement are deemed incorporated in this Agreement, whether or not actually
attached.
1509. Further Assurances
Each party shall execute .and deliver such and instruments,
and perform such acts as are necessary or the terms :his
Agreement and the intent of the pa~ies to this
1510. Governing Law
The laws of the State of California will ,validity of this Agreement, its
interpretation and performance. Any litigation ad. from this Agreement shall
be brought in 'Kern County, California.
1511. No Waiver of Default
The failure of any party any provision of this
Agreement shall not constitute a ;r enforce such a provision at a
later time, and shall not serve is of thi mement.
1512. Duplicate
lree (3) duplicate originals, each of which is
reement comprises pages 1 through , inclusive, and
Exhibits ". the entire understanding and agreement of the
parties.
1513.
This sets forth the entire Agreement between the parties and
all other or written representations. This Agreement may be modified only
the CITY, AGENCY and signed by all the parties.
All waivers of the provisions-of this Agreement must be in writing and signed by.
the appropriate authorities of CITY, AGENCY and DEVELOPER.
S:~Edcd~CityCenter~agrs~citycenterddadr13.wpd m__ m _ _
January 11.2001(10:53AM) r-age 25 of 28 rages
1515. Hold Harmless Agreement
DEVELOPER hereby agrees to defend, indemnify, save and hold CITY, its
officers, agents and employees, AGENCY, its officers, agents and employees, harmless from
claims, costs and 'liabilities for any personal injury, death, or property damage which arises,
directly or indirectly from operations performed under this Agreement by DEVELOPER or
DEVELOPER's' contractors, subcontractors, by any one or more persons directly or indirectly
employed by, or acting as agent for DEVELOPER or any of DEVELOPER's contractors or
subcontractors. DEVELOPER shall defend CITY and AGENCY and their elected and
appointed representativeS, officers, agents and employees against actions such personal
injury, death, or property damage which is caused or alleged to by reason
of DEVELOPER's activities in connection with this Agreeme~ Project Site.
DEVELOPERS further agrees to defend and shall save hold ~,GENCY harmless
from any and all claims, costs and liability arising al action !ght'
against CITY and/or AGENCY which challenges lidity ents, or ~, of
the terms and conditions therein. Nothing in ~ction s ~ that
DEVELOPER shall hold CITY and AGENCY the of
personal injury, death or property damage to the such claims'~, or are
alleged to arise from, the sole negligence, willful or igence on the part of CITY or
AGENCY, their elected and appointed ~gents and employees.
1516. No Joint Venture or Partnerst
CITY, AGENCY and form of joint venture or
partnership exists or ha and agree that
nothing contained herein or in connection .herewith shall be
construed as making CITY, joint venturers or partners.
1517. Severab
ion of this Agreement is held by a court
of com void or unenforceable, the remaining ~provisions of this
agreemer and effect.
1518.
This be recorded.
IN WITNESS HEREOF, the parties hereto have caused this Agreement to be
the day first-above written.
"DEVELOPER"
;Id
By: By:
HARVEY HALL RAY P. OLMSCHEID
Mayor President, Ray P. Olmscheid
S:~dcd~CityCenter~agrs~citycenterddadr13'wpd Page 26.of 28 Pages
January 11,2001 (10:53AM)
Development Company
APPROVED AS TO FORM:
BART J. THILTGEN
CitY Attorney By:
DENNIS SlVERS
By: President and CEO
JANICE SCANLAN D.W. Sivers Company
Deputy City Attorney
APPROVED AS TO CONTENT:
ALAN TANDy
City-Manager
By:
ALAN CHRISTENSEN
Assistant City Manager
COUNTERSIGNED:
By:
GREGORY J. KLIMKO
Finance Director
"RDA" ~tiil!I~:''
Bakersfield Redevelopment Ag
By: ~
APPROVED
BART J.
B
JANICE
TO CONTENT:
Executive Director
By:
A'LAN CHRISTENSEN
Interim Deputy Executive Director
S:~Edcd~Cit¥Oenter~agrs~citycenterddadr 13.wpd
January11. 2001(10:53AM) Page 27 of 28 Pages
COUNTERSIGNED:
By:-
GREGORY J. KLIMKO
Financial Officer
S :~dcd~CityCenter~agrs~citycenterddadr 13.wpd
January 11,2001 (10:53AM) Page 28 of 28 Pages
From: Janice Scanlan
To: Alan Tandy ..
'Date: Monday, January 08, 2001 11:17:32 AM
Subject: Info for council
On March 14, 2001, the City and the Redevelopment Agency will hold a joint public hearing to take
comments on the proposed amendment to the Southeast Bakersfield Redevelopment Plan. The
amendment will permit the Agency to assist in the financing of the multi-use stadium, should the City
Center-project .proceed.
Pursuant to redevelopment law, property owners in the project area must be notified by first class mail of
the public hearing 60 days before the hearing (approximately Jan. 12). By law, tenants (business and
residential) will receive the same notification 30 days before the hearing and the notice gets published in
the Californian once a week for 4 weeks before the hearing.
T. his is the same process that we followed for the adoption of ~the project areas.
Let me know if you need any more information.
Janice
From: janice Scanlan
To: Alan Tandy
Date: Monday, January 08, 2001 11:17:32 AM
Subject: Info for council
On March 14, 2001, the City and the Redevelopment Agency will hold a joint public hearing to take
comments on the proposed amendment to the Southeast Bakersfield Redevelopment Plan. The
amendment will permit the Agency to assist in the financing of the multi-use stadium, should the City
Center project proceed.
Pursuant to redevelopment law, property owners in the project area must be notified by first class mail of
the public hearing 60 days before the hearing (approximately Jan. 12). By law, tenants (business and
residential) will receive the same notification 30 days before the hearing and the notice gets published in
the Californian once a week for 4 weeks before the hearing.
This is the same process that we followed for the adoption of the project areas.
Let me know if you need any more information.
Janice
MEMORANDUM
January 12, 2001
TO: Alan Tandy, City Manager
gerW'
FROM: Gene Bogart, Water Resources Mana
SUBJECT: WATER SUPPLY OUTLOOK - "Another Dry Start"
The extreme lack of precipitation during the initial months of the 2000-2001 winter season was
the result of an extended high pressure ridge over the West Coast of the United States that effectively
pushed Pacific storms far to the north of California. This persistent weather pattern began to develop in
early November.
As you can see on the attached Kern River Snowpack Accumulation chart, current snow levels
are eerily similar to those of one year ago. Prior to the most recent series of storms which began the week
of January 8, 2001, snowpack readings for the Kern River watershed were less than 10% of normal.
Results of yesterdays powerful storm which hit Kern County are still being evaluated, but initial readings
out of the Kern River Basin indicate as much as 3 inches of new snow water content was left on the
ground. Still, this only increases the forecast of 2001 April-July snowmelt yield on the Kern River to
approximately 50% of normal, or 225,000 acre-feet. To put this most recent storm in perspective, we
would need 7 more storms of similar magnitude to occur prior to April 1 st in order to reach normal water
supply conditions on the Kern River basin.
The short term weather outlook (January 12-17,2001) provided by Bill Mork, State climatologist,
is for mild high pressure to build behind the latest storm, pushing the storm track north of the Kern River
watershed once more. We will keep you updated on the Kern River snowpack condition as we work our
way through the winter season.
GB:sr
Attachment
KERN RIVER BASIN SNOWPACK ACCUMULATION
EIGHT SENSOR INDEX
January 12, 2001
40.0 , ,
: ~l~ ,
'~ ' 199~1997
100% of April 1 Average
20.0 --
15.0 .............. ~vera~o ,..O001
10.0 ......................................
20~-2001 , 53% A~
5.0 , ,
~ ! ~o% ~ I
0.0 ~
~owmbor Docomber danua~ Februa~ March ~pril
Snowpack ~ccumulation Soason
CI~ OF BA~RSFIELD ~ATER ~SOURCES DEPARTME~
MEMORANDUM
TO: Alan Tandy, City Manager ~/~ ~,,,. January 8, 2001
FROM: Gregory J. Klimko, FinanCe Dir or ~
SUBJECT: Refuse Fund
The City Council budgeted transfers of $470,000 from the General Fund consisting of
transfers to the Equipment Fund ($405,000) and the Refuse Fund ($65,000) in the 2000-01
fiscal year budget. These transfers were for three additional street sweepers and a portion
of their cost of operations.
The General Fund was budgeted as the source of funds since it was late in the budget
process and in order for the Refuse fund to finance this increased service level the refuse
rates would need to be increased. The time to advertise a higher rate increase was not
practical even if the City Council was so inclined.
The Refuse Fund ended the 1999-00 fiscal year with a $1.4 million fund balance larger than
budgeted. This was the result of $763,000 in revenue exceeding projections and $637,000
in uncommitted appropriations (savings). In hind sight, the Refuse Fund is able to fund the
start up capital cost of these additional sweepers and related operating cost. Therefore,
I suggest the related General fund transfers be replaced by Refuse Fund transfers. This
would free up $470,000 of General Fund resources which could be dedicated to one or
more of the City Council's unfunded priorities.
The Refuse Fund operating budget exceeds $22 million. Approximately $9 million is
funded by residential charges billed through the County property tax system. The City
receives this revenue commencing with the first tax turnover in December continuing
through June of the fiscal year. This places a significant cash flow burden on this fund.
I request consideration be given to placing any uncommitted portion of the June 30, 2000
fund balance into a cash basis or working capital reserve, or be reserved for other one time
expenditures (i.e., additional equipment).
cc: John Stinson, Assistant City Manager
Kevin Barnes, Solid Waste Director
GJK/dwb
January 8, 2001 (10:59am)
S:\Darrin\Gregory\Memo - Tandy RefuseFund.wpd
ALAN T.~N'D Y
CITY MANAGER
League of California Cities
i' 1400 K Street, Suite.40- ' Sacramento, California 95814
Phone: (916) 658-8200 Fax: (916) 658-8240
www. cacities.org
To: League Board of Directors
City Managers, Human Resource Directors and City Attorneys
From: Chris McKenzie, Executive Director
JoAnne Spoors, General Counsel
Date; January 2, 2000
Subject: Update on League Legal Challenge to SB 402
We are writing to advise you that today the League filed its legal challenge to SB 402
before the Fifth District Court of Appeal in 'Fresno. The League's members authorized
the League to file this action at the Lea~)ue's annual conference in September. The suit
was filed on behalf of both charier and general law cities.
The League is .pursuing an aggressive strategy of filing its challenge in the first instance
before a state appellate court, instead of the more frequently used process of filing first
with superior court, The action seeks a stay of ,SB 402's implementation and asks the
court to rule on the stay request within 20 days. The inter-related goals underlying this
approach include:
· Obtaining an judicial order which would operate to restrain public safety unions
from invoking SB 402's binding arbitration provisions
· Avoiding a multiplicity of suits statewide relating to SB 402
· Obtaining, at the earliest possible time, an appellate court ruling that could be of
benefit to cities facing demands for arbitration.
Because, under SB 402, public safety unions have the option of demanding binding
arbitration, we found it necessary to name a major and influential union as the
respondent in the suit, The suit names the International Association of Fire Fighters as
the respondent. Our understanding is that this organization is the parent of the various
"locals' representing firefighters; because of the diversity of police representation, there
was no single parent organization that could be named on a statewlde basis for police.
Page 1 of 2
Page 2 SB 402 Lawsuit
We expect an aggressive defense of SB 402 by the unions. We are hopeful, however,
that everyone involved in this issue will recognize the benefits of an expeditious and
determinative resolution of the constitutional questions surrounding SB 402.
The suit contends that SB 402. is uncOnstitutional in two respects: 1) as an unlawful
delegation af municipal functions to private individuals (a violation of article XI, section
11 of the California Constitution), and 2) as an unlawful usurpation of charter cities'
absolute authority to determine employee compensation levels (a violation of article XI,
section 5(b) of the California Constitution).
We hope for a ruling on our request for a stay within about 3 weeks. In the meantime, it
is extremely important that cities notify the :League immediately of 1) any demand
for arbitration under SB 402, as well as 2) any lawsuits filed against cities seeking
to compel compliance with SB 402, Contact League General Counsel JoAnne
Speers (direct dial 9161658-8233 and email sp. eersi@cacities.orcj); JoAnne has
materials and additional information to sham that will be helpful to'city officials dealing
with arbitration demands.
We will continue to keep League members posted on this impodant matter through
postings on the Website, as well as through the Priority Focus newsletters and other
direct communications with our members.
BAKERSFIELD
PUBLIC WORKS DEPARTMENT
1501 TRUXTUN AVENUE
BAKERSFIELD, CALIFORNIA 93301
(661) 326-3'/24
PAUL M. RO.IAS, D1REC'TOR * CITY ENGINEER
January 10, 2001
Assemblyman Roy Ashburn
California State Assembly - 32"d District
1200 Truxtun Avenue - Suite 120
Bakersfield, CA 93301
RE: Railroad Crossings in the City of Bakersfield and County of Kern in need of
maintenance.
Dear Assemblyman Ashburn:
This is a follow up to our previous letter of December 27, 2000 regarding the list of railroad
crossings that are in need of maintenance. We have received the State's listing and the
priority of needed repairs. The listing of railroad crossings on State highways for Kern
County in District 06 is as follows:
KER 058 :PM 50.08 (WEST OF LANDCO DR.)
Condition rough, badly cracked on all four lanes, eastbound and westbound, needs rebuild.
KER 204 'PM 04.17 (AT JCT W/178 IN BAKERSFIELD)
Condition Very rough, is abandoned, Southern Pacific RR.tracks should be removed.
KER 119 :PM 26.8 (EAST OF OLD RIVER RD.)
Condition rough, badly cracked, needs constant potholing, needs rebuild.
KER 223 'PM 05.36 (JUST EAST OF OLD RIVER RD.)
Condition Poor, badly cracked, rough & bumpy, requires constant potholing, needs rebuild.
184 PM 08.37 (AT EDISON HWY)
Condition Poor, rough & bumpy, needs to be rebuilt.
KER 155 :PM R00.17 (EAST OF 099 IN DELANO)
Area supervisor has met with ATSF RR and was told it was due for rebuild soon.
G:\GROUPDA'fM. etter~2OOO\OpdateRl:~xnos.wpO Page I of 2
January 10, 2001
Assemblyman Roy Ashburn
California State Assembly - 32n~ District
RE: Railroad Crossings in the City of Bakersfield and County of Kern in need of maintenance
223 PM 21.18 ( EAST END OF ARVIN)
Condition poor, rough and bumpy.
KER 033 PM 17.73 (SOUTH END OF TAFT)
Condition fair, however, these tracks may be abandoned as there appears to be no usage.
KER 043 PM 07.01 (SOUTH OF BRIMHALL RD)
Condition fair, repaved a couple years ago, pavement a little high creating a bump.
043 PM 13.2 (NORTH OF SEVENTH STANDARD RD.)
New spur, a little bumpy but otherwise good condition.-
KER 184 PM 01.02 (AT DIGEORGIO RD IN LAMONT)
Condition good, rebuilt two years ago.
If I can be of further assistance, please give me call at (661) 326-3574. I look forward to
hearing from you.
Sincerely,
/~/ friterim Public Works Director
c: Alan Tandy, City Manager
Bart Thiltgen, City Attorney
G:\GROUPDAT~Letters~000\UpdateRl~.ngs.wpd Page 2 of 2
DEPARTMENT OF RECREATION AND PARKS
DATE: January 11,2001
TO: Alan Tandy, City Manager
FROM: Stan Ford, Director of Recreation and Parks
SUBJECT: Monthly Report- December
Attached are the monthly activity reports from the recreation supervisors and
director of operations. Of note in December was:
Bakersfield Christmas Parade: For the fourth consecutive year, our float
earned first place in the Special Volunteer Division. As with the three
previous years, Terry McCormick lead our team in planning, design, and
construction of the float.
Festival of Lights: This year we had over 4,000 decorated farolitos for the
display. Approximately 1,000 people visited the park during the event. Staff
would like to thank Mayor-elect Hall for his participation. Photos are of some
of the entertainers.
Parks: A total of 65 trees were planted at Jastro and Beale parks. The new
playground at MLK park was completed and the playground project at Jastro
began. The Jastro project should be completed in January.
C: Citizens Community Services Advisory Committee
Alan Christensen, Assistant City Manager
John Stinson, Assistant City Manager
:,~ . , .... .. ~:~ ~ .. ..-. . ._ - ,Re,~re~ atio ~r~.& Pa~IC~sCITY OF BA KERSHELD ~ ,.
DECEMBER 2000 Monthly Report
Submitted by: Holly Larson, Supervisor
Susan Roussel, Coordinator
After School Program Demonstrations
December 11, 2000 Casa Loma School MLK Dancers
December 13, 2000 Plantation Bicycle Safety
Bakersfield City Schools After School Program:
The after school sites focused on holiday crafts, parties and presentations as Well as
working on First Night puppets for the Merrymakers March on New Year's Eve. ,.
See attached report.
2000 - 2001 AFTER SCHOOL PROGRAMS
WEEKLY ATTENDANCE RECORDS
Updaled 12/28/00
SCHOOL I WEEKOFITOTALIAVG IWAITIA,I. =,SCHOOL :. ]WEEKOFI TOTAL IAVG. I.WAITIA I ....
CASA LOMA Ruby Harris STELLA HILLS Vanessa Paragrug
09/11/00 312 62 09/11/00 283 57 ~X
09/18/00 393 79 X 09/18/00 274 55 X
09/25/00 392 78 X 09/25/00 227 45 X
MONTH TOTAL 10/02/00 400 "80 X 10/02/00 331 66 X
10/09/001 4021 80 X 10/09/00 329 66 X
10/16/00 ! 4071 81 X 10/16/00 296 59 X
10/23/00 ~ 426 85 X 10/23/00, 297 59 X
MONTH TOTAL ~?:~.~5 :~::~:82 'MONTH TOTAL ~" ....
10/30/00: 420 84 10/30/00 279 56 X
11/06/00 358 90 X 11/06/00 202 51 X
11/13/00 451 90 X 11/13/00 308 62 O
11/20/00 2751 92 X 11/20/00 131 66 X
MONTH TOTAL ~'~ ::~;, MONTH TOTAL
11/27/00 476 95 11/27/00 311 62 X
1~04/00 472 94 12/04/00 269 54 X
1~11/00 477 95 X 12/11/00 141 35 X
MONTH TOTAL ~:~1~25 MONTH TOTAL
01/02/01 X 01/02/01 0 X
01/08/01 01/08/01 0
01/15/01 01/15/01 0
01/22/01 L, 01/2~01 0
MONTH TOTAL MONTH TOTAL
01/29/01 0 01/29/01 0
0~05/01 0 0~05/01 0
0~12/01 0 0~1~01 0
0~19/01 0 0~19/01 0
MONTH TOTAL MONTH TOTAL
0~26/01 0 0~26/01 0
03/05/01 0 03/05/01 0
03/12/01 0 03/1~01 0
03/19/01 0 03/19/01 0~
03/26/01 0 - 03/26/01 '~0
MONTH TOTAL ~ ~ ~0 ~'~' ~ ,,~O~ MONTH TOTAL ~ ~:~ ~¢~:~ ~ ~ '~
o4/o /o i o o4/o o ........ '
04/09/01 0 04/09/01 0
o o4/ 6/o
MONTH TOTAL MONTH TOTAL
04/30/01 0 04/30/01 0
05/07/01 0 05/07/01 0
05/14/01 0 05/14/01 0
05/21/01 0 05/21/01 0
MONTH TOTAL ~'~';:~$~,~0 MONTH TOTAL ~
05/28/01 0 05/28/01 0
06/04/01 0 06/04/01 0
orOrAL I I
2000 - 2001 AFTER SCHOOL PROGRAMS
WEEKLY ATTENDANCE RECORDS
Updated 12/28/00
WASHINGTON Almaiza Espinoza SEQUOIA Linda Bell
09/11/00 434 87 09/11/00 43 9 X
09/18/00 567 113 X 09/18/00 80 16 X
09/25/00 573 115 X 09/25/00 83 17 X
MONTH TOTAL i~i?1574~?~05~ MONTH TOTAL 061 ~i',,'114!i
10/02/00 559 112 X 10/02/00 43 9 X
10~09~00 483 97 X 10~09~00 95 19 X
10/16/00 503 101 X 10/16/00 106 21 ,X
10/23/00 596 119 X 10/23/00 109 22 X
MONTH TOTAL ~7214]i ~!i1:0~! MONTH TOTAL ~1~
10/30/00 497 99 . 10/30/00 90 18 X
11/06/00 286 72 X 11/06/00 NA 0 X
11/13/00 598 120 X 11/13/00 79 16 O
11/20/00 123 62 X 11/20/00 73 37 X
MONTH TOTAL ~?'~?~~ MONTH TOTAL ~'~:'r":~'~ ~
11/27/00 561 112 11/27/00 227 45 X
12/04/00 475 g5 12/04/00 13g 28 X
1~11/00 351 70 X 1~11/00 ~ 21 X
MONTH TOTAL ',~ MONTH TOTAL ]~
01/02/01 X 01/0~01 0 X
01/08/01 01/08/01 0
01/15/01 01/15/01 0
01/2~01 01/2~01 0
MONTH TOTAL ~ MONTH TOTAL
01/29/01 0 01/29/01 0
0~05/01 0 0~05/01 0
0~1~01 0 0~1~01 0
0~19/01 0 0~19/01 0
MONTH TOTAL 'MONTH TOTAL
0~26/01 0 0~26/01 0
03/05/01 0 03/05/01 0!
03/12/01 0 03/1 ~01 0
03/19/01 0 03/19/01 0
~ 03/26/01 0 - 03/26/01 0 ~
MONTH TOTAL MONTH TOTAL ~
04/02/01 0 04/02/01 0
04/09/01 0 04/09/01 0
04/16/01 0 04/16/01 0
MONTH TOTAL MONTH TOTAL
~/30/01 0 04/30/01 0
05/07/01 0 05/07/01 0
05/14/01 0 05/14/01 0
05/21/01 0 05/21/01 0
MONTH TOTAL ~¢~:~,,~'~ :;~,~. MONTH TOTAL
05/28/01 0 05/28/01 0
06/04/01 0 06/04/01 0
~D TOTAL I I
2000 - 2001 AFTER SCHOOL PROGRAMS
WEEKLY ATTENDANCE RECORDS
~ Updated 12/28/00
SCHOOL I WEEK OF ITO+ALI AVO lWA'TIA I SCHOOL JWEEK TOTAL IAVGIWA'TIA I
W. PENN Cynthia Curtis
09/11/00 320 64
09/18/00 350 70 X
09/25/00 389 78 X
MONTH TOTAL
10/02/00 394 79 X
10/09/00 391 78 X
10/16/00 399 80 X
10/23/00 398 80 X
10/30/00 385 77
11/06/00 315 79 X
11/13/00 398 80 X
11/20/00 160 80 X.
11/27/00 394 79
12/04/00 389 78
12/11/00 318 64 X
MONTH TOTAL
01/02/01 X
01/08/01
01/15/01
01122101
MONTH TOTAL
01/2g/01 0
0~05/01 0
0~1~01, 0;
0~1 gl01 0
MONTH TOTAL r~,~~,,~ ~,":~ ~,~,
........
0~26/01 0
03/05/01 0
03/12/01 0 ,-
03/19/01 0
. 03/26/01 0
MONTH TOTAL
~/02/01 0
04/09/01 0
04/16/O 1 0
MONTH TOTAL
04/30/01 0
05/07/01 0
05/14/01 0
05/21/01 0
05/28/01 0
06104101 0
~D TOTAL I S0001 I I
CITY OF BAKERSFIELD
Recreation
8cParl
DECEMBER 2000 Monthly Report
Submitted by: Sally Ihmels, Supervisor
Jeannette Triscuit, Recreation Specialist
David Stricker, Program Coordinator
AQUATICS
Renewal Guard Training was held on December 16th. There were 6 Lifeguards who
renewed their licenses. The New Lifeguard Training was held on December 15, 16 &17th.
There were 5 new lifeguards who received licenses.-Training ran smoothly and the
weather was FREEZING!
Enclosed is a lap swimming attendance report for the past year. The current lap swim
attendance at Silver Creek is 141 people.
SPECIAL EVENTS
Luminaria, the Festival of Lights was held on December 9, 2000 at Yokuts Park. This
event was co-sponsored by the Kern County Family Magazine. Over 4,000 bags
decorated the 1/2 mile trail around the park. Close to 1,000 people enjoyed the event
with entertainment donated by MLK dancers, Downtown .School's Kindergarten Class,
William Penn School's Third Grade Class, the Boys & Girls Club Choir, All Star Dance
Academy, and The Garden's Vocal Program. Santa was also there to meet our guests.
Special thanks goes to the Bakersfield Police Department Explorers for helping with the
distribution and clean up of the luminaria bags. Also, thanks goes to the Bakersfield
Fire Department for having it's bicycle team patroling the lighted trail for the safety of
our guests.
60 170 932 2177
60 231 78 181
60 232
60 187
60 244
60 .100
60' 100
60 146
61 287
167 196
83 143
141 141
LAP SWIM
300 I
"275
250
225
200
150
125
100
75
50
25
0 'Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec
1999 2000 i
S:~Aquafics\Lap Swim Totals.wb3
° CITY OF BAKERSFIELD
RecreatiOn
&Parlcs
December 2000 Monthly Report
Dr. Martin Luther King Jr, Community Center
Lowell Community Center
Adult and Youth Sports
Submitted by: Dean Jones, Recreation Supervisor
Cheryl Claybom, Clerk Typist
Dr. Martin Luther Kin~ Communi~/Center
Special events
a. Kwanzaa- A evening of expression and African culture.
b. Christmas party- A special recognition to Chris Gomcz and Faye Feltus for organizing a great
event for many youths in the community that other wise might not have had a Christmas, with
toys and goodies.
c. Martin Luther King Dancers- Karen Bostlk and the dancers performed a beautiful dance
recital for the community, many parents came out to support the program.
Daily Activity Attendance:
Activity Monthly attendance
Morning fitness 219
Fitness room 309
Game room 621
Gym 645- -
Saturday tennis 74
Aerobics 27
Salsa class 12
Rentals
Date Agency Attendance Revenue
12/2/00 Elk's corporation 30 $123.00
12/9/00 Private party 80 $243.00
12/16/00 Private party 175 $646.00
12/23/00 St Paul church dinner 50 $190.00
Sunday morning basketball 89 $178.00
Lowell Community Center
The center closed for the holidays on Dec. 22, 2000 and is scheduled to reopen on January 8,
2001. The extended closer is due to McKinley school and Emerson school being closed for the
inter session and will not be back in session until Jan 8th.
Daily attendance 40
Youth Sports
Youth basketball registration closed on December 16th with completion of evaluations, which
were held on Dec. 16th at Bakersfield high. Unfortunately we canceled the 3rd and 4th, 7th and 8th
grade leagues due to low registration, a minimum of 30 participants in each grade was needed to
offer the league.
Registration
3rd and 4th grade 11
5th and 6th 30
7th and 8th 9
CITY OF BAKERSFIELD
Recreation
gcParlcs
December 2000 Monthly Report
Silver Creek Community Center
After School Playground Programs
Leisure Classes
Submitted by: Terri Elison, Recreation Supervisor Jeff Bogart, Program Coordinator
Bakersfield B.E.S.T. After School Program
Bakersfield B.E.S.T. participated in First Night's "Merry Maker March" on Sunday,
December 31st. Each school site help create and decorate a star or planet. With the
help of Susan Roussel, our program coordinator, we made four giant puppets-a sun,
moon, angel, and the Grinch. The march started at 3:00 p.m. and everyone who
participated had a really great time!
The after school program was off from December 18th through January 1st for the
holidays. The program resumes on January 2nd.
Greenfield Union School District
Highlights of the activities at the various sites included performing a play called "The
Bear's Christmas"; learning Christmas songs and performing them at the school's
Christmas programs; creating a seasonal bulletin board; Plantation School had a "Make
A New Friend Day" and shared fun games and activities with each other; many sites
made Christmas gifts for their families and friends; and several arts and crafts projects
reflected the holidays such as Christmas ornaments, snowmen, wreaths, etc.; one site
learned a new game called "Elbow Tag" which taught teamwork and sportsmanship.
Silver Creek After School Program
Highlights of the activities include playing Christmas bells, learning Christmas dances
and making several holiday crafts such as ornaments, Christmas trees, and candy
canes.
ATI'ENDANCE FIGURES
Activity Monthly Attendance
Greenfield Union School District
Fairview ............................................................. 871
Kendrick ............................................................ 1347
McKee ............................................................... 2152
Palla .................................................................. 2052
Plantation ................................. ' ......................... 1300
Planz ................................................................. 1059
Silver Creek After School Program ................ 152
(4-days only Mon. - Thurs)
TOTAL ATTENDANCE AFTER SCHOOL PROGRAMS ....... 8933
Silver Creek Rentals ................................................... $542.00
The Silver Creek multi-purpose room and or pavilion was rented 3 times during the
month of December. The center was rented for a family Christmas party, and two
birthday parties. Total attendance for rentals was 210.
Classes at Silver Creek: Classes at Other Facilities
Ballet & Gym ............................... 16 Tennis (Siemon Park)
Pressed Flower Workshop .......... no class (Children) ..................... no class
Cheerleading ............................... 191 (Adult) .......................... no class
Clogging ...................................... 40 Roller .Skating ...... ; ....... 0
Jazzercise ................................... 52
Jazz & Gym ................................. 8 TOTAL ........................... 0
Karate .......................................... 157
Kardio-Kick ................................... 32 ,'
Dance & Gym (Tiny Tots) ............ 80
Scapbooking .............. i ................ no class
Tennis Lessons(Children) ............. 32 Registrations Taken: 285
Tennis Lessons(Adults) ................. no class Number of Guests Served in
Calligraphy Workshop ................... no class office: 375
Cycling I ....................................... no class
.Latin Dance ................................... 20
Watercolor ..................................... no class
TOTAL ........... 628
Attendance Silver Creek Center:
Rentals ........................................ 210
After School Program ................. 152
Classes ........................................ 628
Meetings ........................... : .......... 19
TOTAL ........... 1009
CITY OF BAKERSFIELD
Recreation
g,c.Parlcs
PARKS DIVISION
DECE ER 2000, MONTHLY REPORT
BEALE PARK DRIVEWAY
Staff coordinated removal of existing driveway and realigning of a new concrete driveway
through Beale Park. Improved collection point for green waste material and aesthetic
enhancement for refuse containers were also an element of the project.
Our driveway is now sufficiently wide and strong enough to support service vehicles.
BEALE AND JASTRO PARK RE-FORESTATION
Ed Lazaroti, Park Supervisor and arborist, coordinated installation of 33 trees at Beale Park
and 32 trees at Jastro Park. This capital improvement program was initiated after
recognizing certain of our more mature park settings include trees that may either be prone
to disease or may no longer be appropriate for surrounding facilities. At this time, only trees
posing a concern for public safety will be removed. This number is currently three or less"
at both park sites.
We anticipate new trees will experience several years of growth before any further tree
removals are required.
Seven species of trees selected including California Sycamore, Scarlet and Live Oaks,
Chinese Hackberry and Pistache in order to foster development of trees easily acclimated
to the San Joaquin valley. In addition, by planting several varieties of trees, we minimize
potential devastating situations of losing all of one variety due to pests or disease.
Similar urban re-forestation projects are planned in future years. These projects will
continue first within our more mature parks.
DR. MARTIN LUTHER KING, JR. PLAYGROUND
Final element of the new playground for Dr. Martin Luther King, Jr. Park was installation
of approximately 1,400 square feet of rubberized surfacing. The surfacing materials
included recycled tire rubber used to establish a resilient, cushioning base. An added
benefit to the project is this helps keep used tires out of California landfills.
A color top coat of new rubber offers a wear resistant and uniform surface. In addition,
persons with mobility impairments are afforded access to playground equipment where
they may have otherwise been denied due to previous typical use of only sand surrounding
playground structures.
JASTRO PARK IMPROVEMENTS
Our latest replacement playground equipment project is taking place at Jastro Park.
Installation of equipment should be completed by end of December followed by installation
of rubberized surfacing by mid January.
Similar to all four playground projects to be undertaken this year (Jastro, Dr, Martin Luther
King, Jr., Centennial and Grissom), the latest in playground equipment is offered including
a three level tall structure designed for 5 - 12 year old children. These structures are.fully
enclosed in order to eliminate opportunity of a child climbing out of or falling from within the
confines of the structure. Enclosed spiral tube slides continue to be a big hit for
youngsters.
Park personnel also redesigned the serving shelter and main picnic area at the east side
of the park. Relocating refuse dumpsters to a centralized location and constructing a wall
to hide the dumpsters is included within this project. A new serving shelter, ADA
accessible drinking fountain and access drive to the large picnic area round out
improv~ements to the park. "
Several members of the surrounding neighborhood have called the Recreation and Parks
office or spoken to park personnel expressing their delight for the latest additions to "their
park".
s:\\Ops 2000-01\Monthly Report\December
Bakersfield
Raw land la selling again, says CB Richard Ellis' WaYne Kress, outside of the International Trade & Transportation Center's first building·
This southern Central Valley city is poised for industrial development.
By Ronald McNees the other half of the building. County in August was $84,000, according to the
Bakersfield's 3.5 percent industrial vacancy. California Association of Realtors. That eom-
F irst time in almost 15 years raw land in rate at midyear was the lowest in Grubb & Ellis' pares to a median single-family home price of
the Bakersfield area is selling with an eye Pacific Southwest Region, compared to 5.2 per- 8143,630 in the Central Valley and 8255,580
toward developing it out as finished lots cent in Los Angeles, 7 percent in Riverside and statewide.
for sale. San Bernardino, 8 percent in San Diego and 8.3 Bakerafield's monthly rental rate of 35 cents
"We have 524 acres in play that weren't percent in Orange County. per square foot for standard industrial space
in play a year ago," says Wayne Kress, a vice "You don't know how many phone calls we get compares to 53 cents in Los Angeles, 56 cents in
president and industrial properties specialist from companies looking for 300,00, 400,000 or Orange County and 57 cents in San Diego,
with CB Richard Ellis in Bakersfield. 500,000 square feet," says'Stephen Jr Haupt, according to Grubb & Ellis. Only Riverside/San
Most of that land is in the Kern County Air- senior vice president with Colliers Tingey Inter- Beraardino is lower at 33 cents.
port area. Kearny Real Estate Co. of Los Angeles national. "We just don't have that type of product Business operating costs in Bakersfield also
is developing the 75-acre masterplanned Bakers- available on a spec basis." are less than Los Angeles Basin, mostly due to
field Airport Business Center on behalf of the Unlike the Inland. Empire's 167 million- lower real estate taxes. In Bakersfield operating
land's owner, the Morgan Stanley Real Estate square-foot industrial base, Bakersfield's indus- expenses add 4 cents to 4.5 cents per square foot
Funds. That's on top of a pair of significant devel- trial buildings total only 23 million square feet. per month, Kress explains, compared to 6 cents
opments that began two years ago. "[Single] deals get done in Ontario that equal to 7 cents in Ontario.
One of those developments is Tejon Industrial our total annual gross absorption -- 750,000 to "When you add that to the basic rent m 27
Complex near Interstate 5 and Highway 99, 1.4 million square feet," Haupt says, adding that cents here vs. 35 cents there," Kress says, "all of
· about' 27 miles south of Bakersfield. The 350- the average size industrial tenant in Bakersfield a sudden you're pushing a dime a square foot
acre industrial park has been seeded by an 80- is 20,000 to 50,000 square feet. difference."
acre sale to IKEA that closed in September. The In spite of wide open spaces for big'box distal-
Swedish home furnishings retailer broke but. ion buildings such as IKEA's, Kress says Office market still reeling from
ground Oct. 23 on a 1.8 million-square-foot dis. seven of last 10 big industrial deals were manu- oil company consolidations
tribution center that will employ some 300 work- ' facturers.
ers after its opening next spring. "First and foremost, they're looking for avail- Most of Bakersfield's office vacancy is in its
The area's second significant development able labor and we have that in abundance," suburban southwest market, where the Class A
is the International Trade and Transportation Kress says. "Although the going-in employee vacancy rate is about 28 percent, according to
Center in the city of Shafter, northwest of Bak- skill level is Iow, the trainability and loyalty fac- David Williams, SIOR, senior vice president with
ersfield on State Highway 43. The 720-acre tors are quite high." Colliers Tingey Interr~ational. The vacancy in all
site is owned by the Allen Group. So far, one Another positive factor in Bakersfield's favor other classes is 8 percent.
building of 168,000 square feet has been con- is Iow land costs. Prices for finished industrial "There are few opportunities in the Class B
structed, half of which h'as been leased to lots range from $1.10 to $2 per square foot. and C buildings and a lot of opportunities in
Cincinnati-based Hillman Fastener, a distribu- Cheap land also keeps housing costs Iow, A space," says Williams. The empties are
tot of nuts and bolts. Kress says negotiations which helps attract and keep employees. The large, multistory buildings formerly occupied
are under way with two prospective tenants for median price of a single-family home in Kern by oil companies that consolidated or moved
PAnE 14 NOV~M(3ER 2000 CALIFORNIA REAL ESTATE JOURN,~L
pul pi Iltt~ area. square feet of retail and entertainment spring, the site will· house a charter lng to general commercial zoning.
"lf.s bccn a lillle bit of a bJood bath," space,, but it never got out. of the.. school,, community school and county ' Kern County's retail building permils
Williams .~lys. ' ground. Paul Owhadi;. president 'of probation offices.' ';-' .. '" ' through August were down 55.5 percent
More than 80 percent of the former Fresno-based Sierra Pacific Develop. Castle & Cooke's proposed Riverwalk compared to the first eight months of I
Occidental Petroleum building at 1200 merit, purchased the 63-acre site' near Commercial .Center near-Stockdale
l)i~overy Drive is available for lease. Panama Lane and Highway 99 last Jan- Highway and Calloway Drive is Under- -- $8.9 million this year vs. $19.9 million
Occidental Petroleum moved its oil and uary.
gas division headquarters from Bakers-. Owhadi Plans a. 550,000-square-fuOt going an environmental review for a pro: last year, according to the Construction
field to Houston late last year and its open-air project' called 'The Gateway.:· ~osed land use change from· office Zon- Industry Research Board.
lease ended in September. Ivanhoe The shopping.center will include' two
Energy, a Canada-based international 130,000-square-foot anchor .' stores . A n°mon.~n~, approach to local taXes
oil and gas exploration and production retail shops and restaurants.' ~/ '
company, moved its regional offices in Downtown, Pay P Olmscheid Devel* As documented in the 2000 Kosmont Cost of O~ing Business Survey~,.Netionat
June to the third floor of the six-story, opment of Walnut Creek has proposed Online Edition, the cities of Bakersfield, Porterville, Tulare and Visalia have set
125,600-square-foot building, lvanhoe building a 850 million, 38-acre sports, business tax rates that are not quite negligible, but Iow to moderate. And the
leased about 22,000 square feet of entertainment and retail project. City business tax rate structures tend to be straightforward and relatively simple.
space. Grubb and EIIis/ASU and Asso- Council and the Bakersfield'Redevelop- Bakersfield and Visalia receive the Very Low Cost $ Kosmont Cost Rating. Utility
elates is the set leasing agency. 'The 16- merit Agency gave Olmscheid .a six- taxes push Porterville and ?ulare into the Low Cost $$ Kosmont Cost Rating (now-
year-old building reverted to its original month exclusive right to negofiatewith ever Porterville does cap these).
name, Discovery Plaza. them in October. ·
Berkley Petroleum signed a five-year Called City Center, the site is located
lease in September for 4,500 square feet just south of the Convention Center and
of office space at One University Can- a newly constructed Amtrak station.' All four communities tax businesses based on gross receipts. None has a lock
tre, also in southwest Bakersfield. The Olmscheid plans to build a $15 million, o~ the lowest rates, and no one city dominates the highest rates across business
latest project of the Allen Group's office 5,000-seat stadium that could serve as categories. To make a business tax decision, relocating firms will need to
division, University Centre is a 60,000- the new facilitY for the Bakersfield evaluate how their classification is treated in each case.
square-foot, Class A two-story office Blaze baseball team. Entertainment Rate Comparison E#~edve Tax Ra~ Estimated r~x Due
building. Salomon Smith Barney and facilities surrounding the stadium ~t~tot on~oo~m~r~o~
Commonwealth Land Title Insurance would include a 65,000-square-foot, 16- ord. trade,pta S~OM m dross
Co. also signed leases for 13,000 and screen movie theater and a 73,000- GeneraIOffice 0.003%-0.052% $258-$5,200
10,250 square feet of space, square-foot community recreation facil- Professional Office 0.019%. 0.076% $1,920- $7.550
Bakersfie]d's office vacancy factor is ity that would include an ice rink, in-line Retail 0.009%- 0.03.7% $870- $ L650
13 percent citywide and less than 5 per- skate rink, gymnasium (for basketball, Wholesale 0.005%- 0,017% $500- $t.650
cent downtown, says Williams. volleyball, etc.) and fitness center. The Manufac.tu. rin~ 0.004%- 0.017% $370- $1,650
The Allen Group is developing a complex would also have 10,000 square persona~ Service 0.003%- 0.052% $258- $5.200
68,000-square-foot office building down- feet of retail shops, sports theme
town that will house the Kern County restaurants and a 22,000-square-foot
Superintendent of Schools and a satel- video-game arcade. An additional com- porterville and Tulare each have 6 percent utility taxes. Porterville caps the tax
lite campus for the University of Cali- ponent would be a 225-unit affordable at $500 to $1,500 annually depending on company size.
fornia at Merced. Completion of the senior housing development.
five-story building and parking struc- The city Planning Commission unan- Tax Rate on Net Billin[s
ture at 20th and K streets is expected imously approved a 440,306-square-foot Electric 0%- 6%
by next spfing, iThe construction cost,'i, expansion.to'Northwest,~rome~ade:in~: =vTelephone -, :~ .,:' ,-:* '- ..... ;. :~... . - ....... , 0%-6%
for the building"and parl~i¥~g~rcuc~t, re*' September:. The $30 million expa'nsio~' Cellular
is S11.5 million, at 8400 Rosedale Highway would make Gas 0~- 5%
Office building permits in Kern Northwest Promendade the second water o)6-5%
County were up 143.6 percent for the largest shopping center in Bakersfield
first eight months of this· year cpm- ahead of EastHilisMall and trailingVal-
pared to the same period in 1999, ley Plaza. Plans call for eight major T,x Role
according to the CIRB. Office building retail stores, four retail shops and six Typical Ad Valorum Property Tax 1%- 1. L497%
permits through August totaled $13.1 freestanding sites for restaurants, fast Documentary Transfer Tax $1.10 per $1.000
million compared to 85.4 million for the food and retail, and 2,700 parking sales Tax 7.2~%
same period last year. places. Developer Lee Jamieson says Transient Occupancy Tax 8%- t2~
Back-office Companies, 'call centers, eight major retail tenants have signed Parkin~Tax O~
service centers and second-tier technol- letters of intent. Wal-Mart already
ogy firms are considering Bakersfield, anchors the center.
"but no one has landed yet," Williams Also in' northwest Bakersfield, All fodr communities have some sort of traffic impact fee and a residential park
says. Skarphol Associates has submitted fee. In Tulare there are fees for various public facilities as well, but they are
Class A space rents range/rom S1.35 plans for a $5.6 million, ] 15,000-square- negligible. Bakersfield and Tulare have engaged and public/privates development
tO 81.65 per square foot per month, full foot shopping center at 1100 Coffee deals with such incentives as deferred fees. Porterville, Tulare and Visalia can
service and tenants can expect a $15 to Road. Befra Farming LLC is the land offer the Tulare County Business incentive Zone. Bakersfield and Portervi~le have
$30 per square foot tenant improve- owner, state enterprise zones.
ment allowances in second-generation A new residential and commercial
space, development in northeast Bakersfield so~e: 2000 gosmoat cost of Doi~ Business Suevey®4Vational Onli~ Edition.
"We have a good opportunity to mar- is in the initial planning phase. City in
ket the city to users that' are getting the Hills, as it is called, would cover 694
pushed out of the LA. Basin or the San acres north of Highway 178 and east of
Francisco Bay Area." Williams says, "or Morning Drive. The developer, Moun-
new companies looking to come to Cai- tain View Bravo LLC, presented a draft
ifornia from the Midwest or East Coast environmental impact report to the
for affordable housing and some rea- Bakersfield Planning Commission in
sonably priced real estate. August. The developer is looking to
"Compared to anywhere else in the build a master-planned community with
state of California, we're a good bar- 2,750 single-family homes, 1,300 multi- Commercial Real Estate Without the Runaround'
gain." pie-family lots, schools, parks and
greenbelts. At least 96 acres will be
used for commercial buildings ranging Your ~ewte taa
Gateway replacing Grand Canal from supermarkets to possible offices,
On the retail side, Bakersfield's pro- A former Sandstone home improve- Wail/~t,_,~[~g]
posed Grand Canal shopping and enter- ment and lumber supply store iii east '
tainment destination sank quietly early Bakersfield is being refurbished and a;~e_.) i
this past year. Three years ago, devel-remodeled as an educational complex.
oper Yehuda Netanel proposed an The Kern County Superintendent of
ambitious $73 million re-creation of Schools purchased the site in 1998 for ~[ce,relall arid IIiilualPlal space far lease alllllle
Venice, Italy's waterway with 565,000 $1.95 million. When completed next Thousands of Iisliegs In Los Angeles · Free t0 search, Easy t0 Iisi
Broker Relerral
www. cit~eet.com 626.744.050(;
NOVEMBER 2000 CALIFORNIA REAL ESTATE JOURNAL PAGE 15
BAKERSFIELD
CITY MANAGER'S OFFICE
MEMORANDU'M
JANUARY 3, 2000
TO: ALAN TANDY, CITY MANAGER
FROM: TRUDY SLATER, ADMINISTRATIVE ANALYST III
SUBJECT: COUNCIL REFERRAL WF0018716/001 REGARDING PUBLIC ACCESS TV
Mr. D. K. Mason requested the City Council meeting of December 13, 2000, to:
1) require the public access channel provided for in the agreement;
2) recognize KCPA-TV, Inc. as the group which provides equipment and training for the
general public, and which sets policy regarding content and access on the franchise
required channel;
3) assist us in the above.
Responding to 1):
There is no requirement within the City's franchise agreement with Cox Communications to
provide a public access channel. City Agreement No. 95-229, section 6(f), authorized
August 30, 1995, requires Cox to deliver to its subscribers the signal of all television stations
located in the metropolitan area of Bal(ersfield, including at least one educational station. Cox
Communications, through the County, has some availability (channel 5) called "leased access"
which provides regular programming as .well as open time for special requests for channel time
use.
In the City franchise with Time Warner, Agreement No. 95-228,in section 1 l(e), the City Council
may require that Time Warner make a channel available primarily for public access. Any action
by the City Council to require such a channel must be by adoption of an appropriate regulation
pursuant to the franchise. The City Council has taken no formal action to 'require Time Warner
to make a channel available primarily.for public access. Time Warner provides a "community
channel" (channel 11) for local content and programming. There are specific criteria which must
be followed to qualify for air time. These criteria are attached.
On both the Cox and Time Warner Systems, KGOV uses the government channel and the
Superintendent of Schools uses the education channel, with each providing its own production
equipment and signal transmission cable. According to the City Attorney's Office, under Title
47, Section 531 of the United States Code, channel capacity may be designated for public
access, education, or governmental use, thus indicating that all three are not required. The
law requires nothing more than is in the City's franchise agreements.
Alan Tandy January 3, 2000
Public Access TV Page 2
It should be noted that making a channel available does not require a cable company to provide
equipment or training for the public to create programming in broadcast ready format. It merely
requires system capacity to be available if someone provides the companies with a compatible
signal to be broadcast.
Responding to 2):
This request extends beyond the City's authority under its franchise agreements. The City does
not have the ability to grant what Mr. Mason is requesting.
Responding to 3):
Neither the City of Bakersfield nor its cable franchisees are required under the City's franchises
or state or federal law to provide production facilities or financing for public access
programming. Costs in this area can total hundreds of thousands of dollars, as the City has
seen first-hand since it has begun televising-Council meetings and has had to face those costs
without outside assistance.
An in-depth analysis of the ramifications of requiring Time Warner to provide channel
availability and all that it entails is recommended should Council wish to review this 'matter for
further consideration.
(P:\CABL~M0101031 )
cc: Bart Thiltgen, City Attorney
Alan Daniel, Deputy City Attorney
JRN-03-O1 NED 05:24 PM FAX NO, P, 04
?
T I W A R N E R
C A E
Time Warner Cable
Public Access. Policies and Rules
I. Eligibility
1. To be eligible to use Time Warner Cable's Public Access you must be resident of Kern
County.
2, All shows submitted for Public Access must have been produced within the -boundaries
of Kern County. Shows submitled that are produced outside of Kern County will-be refused.
3. Any person submitting a program for Public Access must sign a Public Access Statement
and Agreement of Compliance. They also must acknowledge compliance with all program
content policies, rules and guidelines, as well as knowledge of and responsibility for the
content of the program.
I1. Program Standards
1. Presentation of the. following material is prohibited:
a. Advertising material designed to promote the safe of commercial products or services,
or material which identifies any product, sewice, trademark or brand name in e manner
which is not reasonably related to the non-commercial use of such product, service
trademark or brand name on the program.
b. Commercial programming which In whole or part depicts, demonstrates or discusses
products, services or businesses with the intent or substantial effect of benefiting or
enhancing a profit making enterprise.
c. The direct solicitation or appeal~for funds or other things of value for any and all
purposes.
d. Political endorsements or advertising by or on behalf of candidates for public office.
e. Material that is obscene.
f. Any program which constitutes or promotes any lottery or gambling enterprise in a
manner which is in violation of any applicable local, state or federal laws.
JRN-03-O1 NED 05:2~ P~ ~RX NO. P, O~
g. Material which constitutes libel, slander, invasion of privacy or publicity rights, unfair
competition, violation of trademark or copyright, or which may violate any local, state or
federal law.
h. Material which has a reasonable pr'obabi{ity of creating an immediate danger or damage
to property or injury to persons, or of creating a public nuisance.
i. Material or programming which has a reasonable probability of causing the substantial
obstruction of law enforcement or other governmental functions or services,
2. Programs submitted for cablecast on Time Warner Cable's Public Access channel must
meet minimal technical standards including, but not limited to, considerations of signal
strength, continuity and quality, technical formatting and cueing considerations.
3. Programs must not exceed 58 minutes in length except as approved by Time warner
Cable.
4. Programs must be in format suitable for Time Warner Cable's playback ( ether 112" or
3/4")
III, Scheduling
. 1. User will indicate a first and second choice of dates and times for cablecast.
2. Time Warner Cable will try to honor the dates and times requested. When this is not
possible, Time Warner Cable will cablecast the program in the closest available day and
time.
3. Time Warner Cable will cablecast each program 4 times. This 4 play cycle will fulfill Time
Warner Cable's obligation for Public Access.
4. All programs to be cablecast must be delivered to Time Warner Cable, 24 hours before
program is to air. If program is to run on Saturday or Sunday, the program must be
delivered to 'lqme Warner Cable by the preceding Friday. Programs must be delivered to
Time Warner Cable during normal business hours.
IV. Responsibility
1. Users of Time Warner Cable's Public Access are fully responsible for all program
material,
2. All programers/providers of programming shall agree, as a condition of cablecast, to
indemnify and hold harmless Time Warner Cable, its Directors, Officers, employees and
its agents from all loss, liability and damage arising out of or caused by the cablecast of the
user's program.
3. Producers/providers are responsible for any misrepresentations arising from the
· J~N-03-O1 NED 0~:2~ P~ FaX NO. ?, 06
cablecast of their program.
4. Producers/providers are responsible for all copyright clearances, rights or licenses
involved in their programing.
V. Violations
1. Violations of Time Warner Cable's program content policies and rules, or breach of the
Public Access Statement and Agreement of Compliance form, may subject the user to
immediate forfeiture of the privilege of using Time Warner Cable's Public Access.
2, Violations such as, making false or misleading statements on any Time Warner Cable
Public Access documents, chronic and willful disregard for Time Warner Cable's Public
Access rules and procedures, or abuse or harassment of Time Warner Cable's employees,
may also subject the user to immediate forfeiture of the privilege of using Time Warner
Cable's Public Access.
3. Time Warner Cable is held harmless ~in violations which involve local, state, or federal
laws or regulations
· JRN-03-01 NED 05:23 PM FRX NO, P. 02
PUBLIC ACCESS STATEMENT AND_ AGREEMENT OF COMPLIANCW.
1. The parties to this Agreement are Time Warner Cable,
through its Bakersfield Office, and the undersigned, who represents
to have authority to execute this Agreement on behalf of his/her
respective organization (hereinafter, "Presenter").
2. This'Public Access Statement and Agreement of Compliance
relates to Presenter's request to be allowed public access to Time
War-ncr Cable's facilities, consistent with the Federal
Communication Commission guidelines. Presenter acknowledges that
he/she seeks public access only in a manner which is consistent
with Time Warner Cable's policy, which such policy is subject to
amendment from time to time, and Presenter acknowledges that such
amendments may occur prior to the time of the actual airing of its
presentation and that Time Warner Cable's guidelines as in
existence as of such date shall control and apply to the manner in
which the presentation is aired and the contents of such
presentation.
3. Presenter warrants and represents ~hat his/her
presentation ("show") for public access was produced within the
boundaries of Kern County, and acknowledges that the public access
being sought by Presenter is for local programming prepared in a
manner consistent with local standards and within the subject
locality of Kern County.
4. Presenter realizes that'his/her show may be rejected if
Time Warner Cable, in its discretion, finds that the production
quality of the show is unsatisfactory, in Time Warner Cable's
reasonable opinion, for presentation on Time Warner Cable's cable-
cast facilities and equipment.
5. Presenter warrants and represents that his/her
presentation/sh~w does not contain any offensive material that
would be considered obscene by local standards, Consisten~ with
Federal Communication Commission guidelines and 'legal standards,
with any and all FCC .guidelines and legal standards to apply and
controli
6. Presenter warrants and represents that his/her
presentation/show does not contain any pleas, requests or
suggestions for donations or that donations be made or for monetary
support or that monetary supporu be provided to any individual,
organization or agency.
7. Presenter warrants and represents that his/h~r
presentation/show does not contain any o~fers for sale or any
ruquesus for purchase of any property of any type or nature.
WED 05:24 PM FAX NO, P, 03
8. Presenter warrants and represents that his/her
presentation/show does not contain any commercial "breaks",
advertising or promotions of any type or nature.
9. Presenter acknowledges and understands that Time Warner
Cable, its .agents, employees and representatives will be relying
upon the above warranties an4 representations and stipulates that
he/she acknowledge that Time Warner Cable is not able to review
and/or edit the presentation/show offered for airing.
10. Presenter acknowledges and understands that he/she is
fully responsible for all program content.
11. Pre~enter warrants, and represents that his/her
presentation/show does not contain any political endorsements,
advertising or related information or promotion by or on behalf of
or relating to any candidate for public office.
12. Presenter warrants and represents that his/her
presentation/show does not contain, constitute or promote in any.
manner any lottery information, gambling enterprise or other
activity of such type or nature which is any way in violation of
any applicable local, state or federal law, statute or regulation
of any type or nature.
13. Presenter warrants and represents that his/her
presentation/show does not contain any material which solicits,
promotes or encourages any illegal or unlawful conduct of any
nature.
14. Presenter agrees to indemnify and hold harmless and
provide a defense to Time Warner Cable, its agents, employees
and/or reprssentative~ in the event of any claim or suit of any
type or nature arising out of or in any way related to the
foregoing, including, but not limited to, the production,
presentation, and/or airing of the presentation/show submitted by
Presenter.
15. Presenter acknowledges and agrees that Time Warner Cable
shall reserve the right, consistent with Federal Communication
Commission guidelines and/or other applicable laws, to reject any
and all materials submitted for airing as public access
presentation(s).
16. The undersigned acknowledges that he/she has had the
opportunity to read and understands the foregoing and has asked any
questions/received any clarifica=ion needed prior to signing this
Statement and Agreement of Compliance.
DATED:
Signing on behalf of
(name of organization)
2
From: DK-Mason <dk-mason@excite.com>
TO:Date: Sat,<city-c°uncil@ci'bakersfield'ca'us>'Dec 9, 2000 5:08 PM <mayor@ci.bak... 00 DEC I ~ aH 8= 33
Subject: KCPA-TV City Council Request [jA,~£~$.?~.~ ~J ~ Y [
Dear Bakersfield City Council Members:
Enclosed is a-link to the .Bylaws for KCPA-TV, also known as Kern County P~~- ~ ¢" ~ "'r"":; ,,: ..... :_
Public Access TV. (http://tvstarr.freeyellow.com/kcpa/bylaws.htm) Some
members will be attending your meetings to both inform you of our existance { d° 2000
and to solicit your support.of the cable franchise ordinances granting 5th
Amendment rights to the citizens
! C~T'¢ ~' :- ', .... - ...... ."- , ....
I will-be asking you to have Mr. Bart J. Thiltgen and his staff review the
following portions of your cable franchise ordinances, and make a written
report to your office.within a week or two.
(e) At any time after the Grantee'has installed components capable of
providing, when coupled with a suitable converter at the subscriber
terminal, not less than thirty-five (35) channels of video signals
throughout its entire CATV system situated within the franchise area
and from time to time thereafter, .the City Council maY require that ·
the Grantee make one (1) such channel available primarily for
educational use and one (1) such channel available primarily for
public access. To the extent that any channel so required is not
utilized for the specified purpose, it may be .utilized by the Grantee
for commecrial purposes. Any action by the City Council to require
such channel or channels shall be by adoption of an appropriate
regulation pursuant to Section 9 hereof.
We are in possession of an October 3, 2000 letter from the County lawyer,
addressed to the Kern County Board of Supervisors, and I quote where it says
here:
"In our opinion, Cox is in full compliance with the public acoess
provisions in Section 17 of Franchise Ordinance F-333, which requires
them to .make "... one channel available primarily for public access
use...". Channel availability does not require prividing equipment or
training for the public to create programming in broadcast ready
format. Some areas have a community based non-profit organization
which provides equipment and training for the general public, and
which sets .policy regarding content and access on the franchise
required channel, but no such organization has evolved here. Mr. Distributed to:
.Mason's request is the first of its kind."
Mayor,
At the City Council meetings we will 'be asking you to: Council
1 ) REQUIRE the .public access channel provided for in the agreement; City Mgr,
2) Recognize KCPA-TV, Inc as the group which provides equipment and training City Atty.
for the general public, and which sets-policy regarding content and access Other
on the franchise required channels;
3) Assist us in the above.
Additional information about KCPA-TV is on our temporary site at By City Clerk
City Council - KCPA-TV City Council Request Page 2 1
http://tvstarr.freeyellow.com and we have a lively discussion list that you
may join by following the links soliciting comments. As public access TV in
Kern County is just beginning and you may want to know how it works, you may
want to look at what the other locations in ~California and around the globe
are doing in this area. May I suggest you begin your research by starting at
the bottom of this link? http://tvstarr.freeyellow.com/webring.html
Since this is the beginning of a Iong relationship with our elected
officials, we at KCPA-TV welcome the opportunity to be of further service to
our community and the City of Bakersfield, California.
Sincerely,
"D.K." Mason, 1st Vice Pres.
KCPA-TV, Inc. now offering
'"Your Story Told Your Way"
http://tvstarr.freeyellow~com
Send a cool gift with your E-Card
CC: <city_clerk@ci.bakersfield.ca.us>, <attorney@ci;ba...
BAKERSFIELD
Alan Tandy · City Manager
December 12, 2001
Mr. D. K. Mason, 1st Vice President
KCPA-TV
P. O. Box 254
Bakersfield, CA 93302
Dear Mr. Mason:
The attached memorandum is a staff response to the City Council's request of
December 13, 2000 to respond to your December 9, 2000 e-mail regarding "KCPA-TV City
Council Request."
Please let me know if you have any questions.
Sincerely,
Tmdy Slater
Administrative Analyst III
(P :\CAB LE~0101121)
Attachment
cc: Alan Tandy
City of Bakersfield · City Managers Office · 1501 Truxtun Avenue
Bakersfield · California · 93301
(661) 326-3751 · Fax (661) 852-2050
BAKERSFIELD
PUBLIC WORKS DEPARTMENT
TO: ALAN TANDY, CITY MANAGER
DATE: JANUARY 10, 2001
SUBJECT: RIGHT TURN LANES
Council Referral No. WF0018721 /001 (Ward 4)
Councilmember Couch requests that a letter be sent to the County Planning Commission and the
County Planning Department addressing the issue of businesses on Calloway Drive and Coffee Road
without right turn lanes. Copy letter to Couch.
UPDATE
Enclosed is a copy of correspondence from Resource Management Agency Director
David price III regarding the issue of right turn lanes. This is a very favorable
response to our initial letter of December 22.
The County has expressed their interest in working with the City to review our current
development standards in an effort to achieve City-County consistency.
G:\GROUPDAT~Referrals\Couch\UPDRightTumLanesWF0018721 .wpd
IRCE MANAGEMENT AGENCY DAVID PRICE III, DIRECTOR,
Community Development Program Department · Engineering and Survey Services Department · Environmental Health Services Department, Planning Department · Roads Department
Phones: (661) 862-8800 ~ 2700 "M" STREET, SUITE 350
(800) 552-5376 Option 5 BAKERSFIELD, CA 93301-2370
Fax: (661)862-8801' ~ E-Mail: rma~co.kem.ca.us
TrY Relay: (800) 735-2929 Web Page: http://www.co.kem.ca.us/rma/rma.htm
January 8, 2001 J~',~
Mr. Raul Rojas, Public Works Director ~UBLI~; ~-,'-~,,,'~ ?'~' '
City of Bakersfield
1501 Truxtun Avenue
Bakersfield, CA 93301
Re: Correspondence Regarding Right Turn Lane Policy
Dear Mr. Rojas:
Thank you for your recent letter recommending that the County adopt a development
standard regarding deceleration lanes where warranted by traffic volumes. We
currently have a right turn lane standard for controlled intersections, as appropriate and
your policy of requiring turn lanes into individual developments is a logical extension of
this concept, where merited. This suggestion of Yours is greatly appreciated and I have
asked that our Roads staff consult with your staff prior to developing recommendations
regarding the matter.
On a related issue and as you know, we are involved in periodic updates of our
development standards. I understand that the City of Bakersfield also does the same.
It would be my desire that as the City proceeds with its review and modifications, the
County be provided with that information so that we can review our own standards in
light of any changes made by the City.
It is my intention that, as we undertake the joint updating of the Metropolitan
Bakersfield 2010 General Plan, we jointly review our development standards with the
objective of achieving consistency where it makes sense for us to do so. Toward that
end, I would be interested in learning any thoughts you have on the subject and am
pleased to express my interest in us working cooperatively in this regard.
Thank you again for your suggestion and interest in our programs.
Sincerely,
Director
cc: C. Pope-Roads
T. James-Planning
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