HomeMy WebLinkAbout08/03/01 BAKERSFIELD
CITY MANAGER'S OFFICE
MEMORANDUM
August 3, 2001
TO: Honorable Mayor and City Coun(~,~,~
FROM: Alan Tandy, City Manager
SUBJECT: General Information
1. Comments on baseball / the California League / the Carolina League / the
Independent League:
The California League is working diligently to assure that Bakersfield will have a
franchise if there is a new stadium. Publicity earlier this week involving speculation
about the Carolina League has confused the issue. Let me assure you, however,
that the actions of the League are in the best interests of Bakersfield if there is a
new stadium.
There may be publicity on an independent baseball league franchise opportunity.
In the midwest and on the east coast, the Independent Baseball League is very
successful. I've toured new stadiums in Winnipeg, Long Island, and Schaumberg,
Illinois built for that league, and they are perennial sell outs. In California, perhaps
due to the strength of the California League, independent baseball is not, yet, as
successful.
"Independent" in this instance, means the players aren't under contract with major
league teams. Independent baseball is better than none, but not as good as the
California League.
2. Attached in response to a Council referral is an e-mail from HOK on program
elements that would have to be cut out to get the stadium to a $12.0 million cost.
Neither HOK or staff are recommending these cuts.
3. Our effort to free up $12.0 million for street needs should go to KernCOG id
September. Informal contacts show we should get support from other cities. Our
formal request to KernCOG is attached.
4. The Capital Vision Equity application for housing tax credits scored the maximum
number of points it could in the competitive process of the state. Because they
were not eligible for some points, funding is not yet a certainty. We should know by
the end of August. It looks good, though, at this stage.
General Information
August 3, 2001
Page 2
5. Some city managers of Kern County cities may come out with a supervisorial
redistricting plan. My staff did not participate. We do not believe it is the role of the
city managers to hold opinions on that particular subject. If something comes out
as a city managers' group opinion, it does not include Bakersfield.
6. A status report on the possibility of putting a police substation in southwest
Bakersfield is enclosed. Three public meetings will be held next week to gather
citizen input:
Tuesday, August 7th 7:00 p.m. Cai State, Icardo Center
Thursday, August 9th 3:00 p.m. Martin Luther King Center
Thursday, August 9th 7:00 p.m. Highland High School Library
7. Attached are several memos detailing staff activities on the energy issue. There is
information on the session recently conducted at the Mayors and Council Executive
Forum in Monterey, a memo on the results of the City's energy conservation efforts
showing the energy savings during the month of June, and a memo on the
participation by the Water Department in the PG&E electrical load demand relief
program.
The Energy Task Force is continuing it's work, and several members recently
completed a site visit to an electrical generation vendors' manufacturing facility and
a YMCA in San Diego, where their electrical generation equipment is in place. Staff
is reviewing a proposal from this vendor which could provide on-site electrical
generation for City facilities at a cost savings. Staff was very impressed by the
equipment and the potential for use by the City. They are preparing a more detailed
report on the site visit and the potential for the City to take advantage of this
technology.
8. Costco has informed us of their intention to move ahead with the relocation of their
Bakersfield warehouse to the new site on Rosedale Highway, west of Freeway 99.
They plan to submit their building plan for a plan check later this month.
9. The original plan to relocate the Mayflower Building at 14th and P Streets, which had
been used for storage for the Police Department and Recreation and Parks, does
not appear to be cost feasible. The attached memo summarizes possible options
and a recommendation, based on our budget parameters.
10. Recreation and Parks' Rockin' by the River series will kick off on Thursday, August
9th at Yokuts Park. It will begin at 6:30 p.m., featuring local musicians, followed by
The Motels.
11. A letter is enclosed from Canyon Hills Church in appreciation for the City's
redevelopment assistance for their senior adult housing project.
General Information
August 3, 2001
Page 3
12. A status report on the median island projects is enclosed for your information.
13. Attached is a copy of the agreement between the City and the DBA regarding the
maintenance of banners in the downtown area. Although the .term expired in May
of 1999, the DBA has continued to maintain the banners. Staff is working with the
group to discuss alternatives which may include the City assuming those duties.
14. Responses to Council requests are enclosed, as follows:
Councilmember Benham
· Police Department report regarding increased patrol due to vandalism at the
Junior League building;
· Staff will meet next week to begin development of an implementation plan for
the downtown charrette;
· Action taken regarding citizen complaint about ice cream trucks;
Councilmember Couch
· Status report on possible annexation of the northwest corner of Brimhall and
Jewetta;
· Status report on the lighting concerns at the Wienerschnitzel on Coffee Road;
· Ordinance pertaining to trash container storage and screen requirements,
development standards for back yards and dimensions of large trash cans sent
to citizen;
Councilmember Sullivan
· Hampton Court Status - staff will meet with Councilmember Sullivan and
representatives from the County Health Department next week to discuss the
Hampton Court environmental issues and the possibility of holding a community
meeting.
AT:rs
cc: Department Heads
Pam McCarthy, City Clerk
Trudy Slater, Administrative Analyst
From: Bruce Miller <Bruce. Miller@ hok.com>
To: "Derrill G. Whitten Jr. (E-mail)" <dwhitten@ci.bakersfield.ca. us>
Date: Thursday, August 02, 2001 1:33:11 PM
Subject: Scope Cuts
The council asked .if we could develop a list of further cost reductions that
they may consider. Everything on this list I would consider a deep cut and
are not recommended. We also understand that they probably wouldn't be
accepted, but here it goes.
Outdoor suites.
Put suites and/or press box at concourse level
Delete the novelty store
Reduce to 4000 fixed seats, the PBA minimum
Have private developer build office space, i.e. delete from program
.Delete enclosed mhintenance facility: shed roof only - totally outdoor
facility
Reduce Landscaping to $100k
Do fewer concession stands - reduce to PBA minimum 1:350
Less plaza paving
Parking to gravel i.l.o asphalt
Reduce/Delete the Shade canopy
Bruce Miller, AIA
Principal
HOK Sport Venue & 'Event Architecture
'323 West Eighth Street
Kansas City, MO 64105
Email: bruce.miller@hok;com
Telephone: 816-221-1500
Direct: 816-329-4271
Fax: 816-221-1578
/~1~ _ 12001 ~
B A K E R S F I E L D : ,' .~ '~
PUBLIC WORKS DEPARTMENT
MEMORANDUM
TO: ALAN TANDY, CITY MANAGER
FROM: RAUL M. ROJAS, PUBLIC WORKS DIRECTOR
DATE: JULY 31, 2001
SUBJECT: USE OF STIP DOLLARS FOR ROADWAY
REHABILITATION
Attached is a copy of the letter we are sending to Kern COG to request additional federal
rehabilitation dollars for use in roadway maintenance.
It is our understanding in talking with Ron Brummett, Craig Pope and others within the
COG that this would be a positive step and therefore should not have any problems
gaining approval.
Currently, we are proposing to utilize the existing funds for the Westside Parkway (10%)
and future STIP funds for use in rehabilitating our roadways. This is what will be presented
at the Kern COG TTAC meeting in September 2001.
/
G:\GROUPDATXJack\tmsmtcogltrtoAT7-26-01 .wp<t .j
BAKERSFIELD
PUBLIC WORKS DEPARTMENT
1501 TRUXTUN AVENUE
BAKERSFIELD, CALIFORNIA 93301
(661) 326-3?24
PAUL M. ROJAS, DIRECTOR · CITY ENGIlqEER
July 31,2001
ROnald E. Brummett, Executive Director
KERN COUNCIL OF GOVERNMENTS
1401 19TM STREET, SUITE 300
BAKERSFIELD CA 93301
Re: USE OF STIP DOLLARS FOR ROADWAY REHABILITATION
Dear Mr. Brummett:
The City of Bakersfield formally requests that the Kern Council of Governments consider
utilizing 10% of our Regional Improvement Program (RIP) dollars for rehabilitation of major
roadways. We further request that this item be agendized for the September TTAC
Meeting for discussion and subsequent referral to the Policy Committee.
Thank you for your' consideration. Should you have any questions regarding this request,
please contact Assistant Public Works Director, Jacques LaRochelle at (661) 326-3724.
Very truly yours,
RAUL M. ROJAS
Public Works Director
c: Alan Tandy, City Manager
Jacques R. LaRochelle, Assistant Public Works Director
G:\G ROU PDATO ack~kemcoeltr 7-3 I-01 .wvd
..~.__.,/ 07/31/01 15:12 FAX 213 747 7376 CAPITAL VISION EOUITIES [~]003/004
ATEOF CALIFORNIA'- ..'
.AL~R,~/VTAX CREDIT ALLOCATION COMM/1-FEE ' " '
)15 CAPITOL MALL, ROOM 485 * - - - '
sACRAMENTO, CA 95814'. ' ' ' ~ '
YELEPHONE: (91~o) 654:6340 - --
FAX: (916) 654-6033 -_- '- ~ -.
Jeanne L. ~eJerson . *~ MEMBERS: -
ExecUtive Directs' - - - . Philip Angelldes, Chair
-. - ' State Treasur&r -
: - - - c - " 't'imo~ly Gage - *.
- : Director of Finance . .
'= - - Kathleen Connel[ _- "
- - '- - State Controller
JuIy.~6, 2001 - _ ._ =: = · ~ --' "- -" *
Mr. L6fcba Gougis: '" - '
_.. - California .~,~enue Senioz Housing L.P. . ' = _ - z. : -
854' .West Adams Blvd. '-- " ' ' .. *'
.Los Angeles_, CA 90007
Fax: (213) 747-7376
Re'i CA-2001-146/California Avenue Senior Housing _. _ _
- D~t~ Mr. Gou~is: _ - ... -- ·
- As part of its rexdcw of projects submitted in the 2001 (ax credit fufidi~g cycle, Committee staff has re~e~ed
your projecCs_ ~pplication to d~termine its point tots].--This review was p~:f~rm.cd on13/t6 d-ct~minc l~ints
and in-no way v~rifieS pro~cci c~mpletcncss or eligibility, nor is it currently possible to determine thc level of
points necessary to achieve funding. Acc&rdingly, receipt of thi~ lettor docs not indicate that the pro~ act ~ill--.
receive funding. Additionallyl should the Local Reviewing Agency's comments, when we receive them,
o I
suggests that points may'have been. erroneously awarded, we may revisit thc point total.
...... Points Points ,
- ' - Requested Awai'ded
-' " " 12_ - 12
· ,-l. Cost Efficiency · '
Credit Reduction '- · -'
Publi~ Funas- - . : 8 8
2. Generfil Partner'experience ...... 6 --'. 6
-3.- 'Managorncnt e'Sp..erience . .
10' ' 10 .'
- 4. ' ' Housing Needs . . - -:
· ' -'15 '15
5. Site _Amenities " -' -- .10· . -" qO
6. Servidc Amenities -' - -_ -. .
7. ~eighborhood Revitalization '- _ 10- 10_- ,-
': 8- Sustainable Building Methods '7 7
9. L~west Income - ' .50 -
10 ' 'Readiness to Proceed. 20' 20
11. Readiness to Proceed Land Points - 0 -- 0
TOTAL. 151 151
1 of 2
,: ' 07/~1/01 15:12 FAX 213 747 7376 CAPITAL VISION EOUITIES [~004/004
~---~, ~ '_- ..
-Should you wish to apl/gal staff's point d~t&¢aination, you mt/st'do s~ ~rithin 7 days_ folio_wing the
_ transmittal of this lett¢~. Your appeal should specifically identify, l~ased on the existing' document_ation
submitted in youi origimll~ fi/ed appiica~on~ the grounds for the appeal. You mawr ~ao~ ai~p_cfil an~t other -..
app. licant's score. - ~. ' - - - - - - -- . . -.
.Thesg letter.q are being_ s'ent as/he point determhiafiom are'made a~d NOT a/together. Therefore, please ~-
- ~1~ not contact Committee stiaff inquiring' ~'bo~t other points letters-in which you-ma_~ l~.ve ah interest q
- since indivi_&ial letters will be sent to appl. icant's as the gcores are- d;t .en?ined. "' ' ' - _. _
If ~,ou hive any questions regardiiag this letter, please contact Jack'Wae-getl at' (916) 65344561 - _ --
· Sir/eerely, _ ~ _- -.. _ - ~-
Executive Direcfor
t.
:. -. _-
'-
I -
2 of 2
BAKERSFIELD POLICE
MEMORANDUM
August 1,2001
To: Alan Tandy, City Manager
Honorable Mayor Hall and Council Members
From' Eric W. Matlock, Chief of Police~
Subject: Police Substation Update
As you will recall in an earlier memorandum, I outlined justification for a police substation in
southwest Bakersfield. In addition to our study for the need of increased police presence in
southwest Bakersfield, the police department has been involved in a similar citywide study in
conjunction with the Police Executive Research Forum (PERF).
Dr. Craig Fraser from the Police Executive Research Forum is working with police staff, and
has reviewed the following information:
· Six months of dispatched calls for service
· Response times for priority I calls east/west of Highway 99
· Seven month patrol workload study
· Police department staffing
· Budget information from the last three annual reports
· The 2001 public facility study
During the week of August 6 -10, 2001, we will conduct our second phase of the substation
study. Dr. Fraser will further analyze the best locations for a substation within the
metropolitan area of Bakersfield. In addition, the following three meetings are scheduled to
gather public input regarding police substations:
August 7, 2001 (Tuesday) 7:00 p.m. Cai State University, Bakersfield
Icardo Center
August 9, 2001 (Thursday) 3:00 p.m. Martin Luther King facility
August 9, 2001 (Thursday) 7:00 p.m. Highland High School
Library
Staff will publicize the meetings through the news media in an effort to encourage
maximum amount of citizen participation.
Alan Tandy, City Manager
Honorable Mayor and Council
Substation Update
August 1,2001
The Police Executive Research Forum has an outstanding nationwide repUtation for their
research and evaluations regarding various police topics. Dr. Fraser has extensive
experience in the police research .field; he has'prior command level experience in law
enforcement and has been the Planning-Budget Manager for the Santa Ana Police
Department.
The project objective is to develop a conceptual police substation, develop a strategic plan
for future decentralization of police services, and make an objective recommendation about
where the substation should be located within the city limits of Bakersfield.
Dr. Fraser expects to complete the study within 60 to 90 days. We will follow-up with a
Council workshop to provide you with more specific details of the evaluation.
EWM/wrr/vrf
Page 2 of 2
BAKERSFIELD
CITY MANAGER'S OFFICE
MEMORANDUM
August 2, 2001
TO: Alan Tandy, City Manager
FROM: John W. Stinso~n?A~sistant City Manager
SUBJECT: Review of material from League of California Cities Mayors and
Councilmembers conference presentation regarding Energy Issues
I have reviewed the materials from the session on Energy Issues: An Overview, including the
handout material and the audio tape of the meeting. I provided a copy of the tape to Bart
Thiltgen and gave copies of the written material to members of the Energy Task Force at today's
meeting. Bart and I reviewed the session information with the Energy Task Force.
The presentation at the session by Yvonne Hunter of the League focused on presenting various
options cities could consider to address the energy issue. She pointed out that there are several
pieces of legislation by the state regarding energy issues including the aggregation of power,
direct access, forming municipal utilities and how the state is going to address the financial
difficulties of the investor owned utilities (including the possible purchase by the state of
transmission lines). This legislation is still pending and no clear direction is emerging from the
legislature. She indicated there is an increased interest in public power by cities, however there
are numerous hurdles to overcome to move forward in that direction.
The presentation by Scott Blaising, Special Counsel to the Califomia Municipal Utility
Association, provided examples of what several dries were doing or attempting to do to address
the energy issue. He discussed both the pros (local control and decision making) and cons (high
start up costs and no insulation from bad decisions) of forming a municipal utility. He discussed
some of the legal issues related to condemnation and acquisition by cities of electrical
distribution facilities and pending legislation which would change presumptions regarding the
public benefit to facilitate such acquisition. He also discussed several cities that declared by
ordinance or resolution that they were municipal utilities for the purpose of aggregating and
distributing power for their community. The City Attorney has received copies of the Ordinances
and resolutions and is reviewing them for applicability to our situation. The City of Corona for
example has formed a municipal utility including the construction of two 50 Megawatt power
plants at an estimated cost of $24 million each. Both the City of Irwindale and the City of
Cerritos ordinances create a community aggregation program to generate and or acquire electric
S:~JOFINAEleceaicity - League Session.wpd
energy to provide to their community. These are direct access programs which the state
legislature has already authorized the PUC to prohibit (the final PUC decision on this has been
delayed until mid August, whether such decision would be retroactive is unknown.) I have
attached copies of the ordinances for your information. Mr. Blaising also discussed possible
leasing of land by cities (such as the City of Roseville) to power plant developers (such as Enron)
as an incentive for the construction of power plants. He suggested there may be oppommities for
public/private partnerships for the construction of power plants. Power plant construction is
regulated by both the state (PUC) and federal (FERC) governments. The economic feasibility of
any generating facility would also be of prime consideration.
In response to questions, it was explained that the state has concerns regarding direct access and
potential cost shifting that could occur due to people leaving the system and the need to repay the
bond debt which will be incurred by the State Department of Water Resources for electricity
purchases. It was explained that cities currently cannot escape the electrical grid and become
exempt from the potential of rotating outages or exit surcharges. Pending legislation may impact
this situation.
As mentioned earlier staff is reviewing the material from the session and continues to explore
options for the City. The Energy Task Fome continues to meet and actively review possible
energy options. Staff recently visited a vendor that provides power generation equipment which
provides electrical generation for base electrical loads for individual buildings. Staff was very
impressed by the operation and a visit to a building where the technology is in place. Staff is
reviewing the proposal from the vendor and is reviewing their cost figures now that the new
electrical rate schedule is available. Staff has also implemented participation in the PG&E
demand relief program in the water department where the city receives a $15,000 per month
payment for not operating water pumps during peak periods.
Conservation efforts are continuing and the City will be participating in a voluntary pledge to
implement conservation programs which have a goal of achieving up to a 15% reduction in
electricity use over last year.
S:'JOFIN~lectficity - League Session.wpd
Presented at the
League of California Cities
Mayors and Council Members Executive Forum
July 25, 2001
Scott Blaising
Special Counsel
California Municipal Utilities Associatio~
Municipal Utility
Snapshot
Assembly Bill 1890
Pros/Cons of
Municipal i~~s for Creating
Municipal Utilities
· Approximately 30 publicly owned
distribution systems
· Big and Small: LADWP-- Gridley
Organizational Forms are varied
· AcCount for-~ 25 percent of the
electric load
· Over 45 percent of
Califomia's transmission
~,~ import capability ~
· Gave deference to local
regulatory authorities over
most restructuring matters
· Required that Direct Access be
"considered"
· Did not mandate disaggregation
or divestiture
· Encouraged participation in the
ISO ~
I~,; B~rt.Thfltgen - Cai C,bes. ppt . Page
Pros
. Local Control
· Resource Portfolio
· Local Priorities
· Capital Structure Advantages
Cons
· Potentially. High Start-up Costs
· Not Insulated from Bad DeciSions
· But at least they are local bad decisions~
I · Physical acquisition or construction of
I the electric distribution system
[ · "Poles and wires''
'.::'' .'i~i~' Senate Bill 23XX -- Condemnation
~'. :~!X,x Recent Examples:.
· :i:i" ~,. Pittsburg; Icgation Districts
.'\. Consideration: SD and SF MUDs;
,,. various cities
· [ .s an "Energy Service Provider" to
I de energy for all residents and '
· [ .esses
', .~ ggregation"
' r3::~ .' :.i..i~ XX- Municipal Aggregation
~i ..': ': i i::".'i'i.:~ Recent Examples:
~, Palm Springs; South San Francisco
.~. x), Consideration: Cerdtos; San Marcos;
.~'. ~ various other cities
vide site and various development
,ices for the construction of a power
~t
[ecent Examples:
,. ~ Pittsburg; Hayward;.Roseville;-
" ~ Corona
~ Consideration: Victorville; Vallejo;
~, ~ various other cities
' LOd~i~herd :' R~S~iuti0n d(~ ....... ' 'page i I
Request for City Council Action US-055.01
Page ! 16.50-6.1
Date of Council Meeting: April 4, 2001
US-055.01
16.50-6.1
AGENDA REPORT
REQUEST FOR CITY COUNCIL ACTION
DATE: April 4, 2001
TO: Honorable Mayor and City Council
FROM: Water Utilities Department
SUBJECT: APPROVAL OF THE FORMATION OF A.
MUNICIPALLY OWNED POWER AND
TELECOMMUNICATION UTILITY
RECOMMENDED ACTION:
That the City Council:
1. Approve a resolution authorizing the creation and operation of a municipally owned
power and telecommunication utility for the purpose of providing various utility
services, and authorizing the taking of certain other action in connection
therewith.
2. Authorize the City Manager to enter into an agreement with Astrum Utility Services, LLC,
to provide consulting services for utility formation, regulatory assistance, planning
and design standards, rate analysis, etc.
3. Authorize the expenditure of One Million Five Hundred Thousand Dollars ($1,500,000),
IL0~iS~i6pherd; Res°iuti%.d°c .................................... ....... ~'f~..i Page'2 ]
Request for City Council Action US-055.01
Page ;Z 16.50-6.1
Date of Council Meeting: April 4, 2001'
~om the Utilities ]:cscrv¢ £unds, for a refundable deposit in order to secure power
generating equipment.
4. Authorize the Utilities Director to hire a provisional Power Utilities Manager/Project
Manager.
' ANALYSIS:
As a result of recent power deregulation, the City of Corona, its residents, and
commemial and industrial business entities are currently experiencing dramatic
increases in their power costs and reliability resulting in occasional rolling blackouts.
This has created an untenable sffuation for our community that, at the least, will be an
unnecessary expense and inconvenience for our residents. At worst, it will destroy our
economy as businesses and jobs move to other states in search of reliable and
reasonable power.
As a result, staff has been exploring the formation of a new power and
telecommunication utility that would be a separate entity, with the City Council as the
legislative body directing the utility. There are several advantages to forming a City-
owned utility. One advantage is that investor-owned utilities must pay property taxes
and must make a profit. Additionally, large utilities have several overhead components
such as local,' regional and corporate expenses. A City-owned utility has, in
comparison, very little overhead. Additionally, the City of Corona already has some of
the basic components, such as maintenance staff, engineering staff, billing staff,
customer service s taft, and conservation s .taft, that c an easily be augmented with
contractual services to deliver quality service in a more cost effective manner.
If approved, staff will complete a detailed economic analysis, and, for timing
considerations would also immediately begin the permitting and ordering of equipment
for at least two power plants, each generating 50 megawatts of power. One of the
plants would tentatively be located at the current Wastewater Treatment Plant #1 on
Railroad Street, and the second plant would tentatively be located at the current
Wastewater Treatment Plant #3 near the intersection of Temescal Canyon Road and
Cajalco Road, both within the City of Corona.
As proposed:
· All new residents will become customers of the City's new utility; whereas under current
law all existing customers of Southern Califomia Edison ("SCE") will remain SCE
customers. However, as a result of the City of Corona building power plants, the
City will be selling power back into the grid to help the area meet its power demands
I~ i~o~i ~e~i~erd - Resolution.doc
Request for City Council Action US-055.01
Page 3 16.50-6.1
Date of Council Meeting: Apdl 4, 2001
as well as create revenue for the City of Corona.
Request for City Council Action US-055.01
Page 4 16.50-6.1
Date of Council Meeting: April 4, 2001
· The approval of this resolution will also allow the new utility to provide other services
such as natural gas, and telephone and telecommunication services within the City.
This endeavor would only be implemented on sound economic and delivery services
that would be authorized by the new legislative body (City Council).
To facilitate in forming, procuring, and building new power plants and associated
infrastructure, Astrum Utility Services, LLC, has a highly experienced and seasoned
team to assist the City of Corona and City staff in the implementation of this program.
It is .the intent that this new utility would be on-line with a City-owned power plant no
later than December 200t. It is the overall intent of this new utility to provide a stable,
reliable, self-sustaining, cost-effective, and efficiently run power utility to assist not only
the residential citizens of Corona, but also assist in retaining Corona's commercial and
industrial businesses as well as attract new business endeavors to the City of CerOna.
To fast track the construction of the power plants and implement the new utility, the
department will require an additional Power Utilities Manager/Project Manager for
expertise and as well as due to the current work load in the department necessitating
this new-position. It is anticipated this position will have a salary range of 479-519 and
monies for this salary position will be funded from the current Water Utilities
Department.
FISCAL IMPACT:
It is estimated that the initial consultant's fees wold be in the neighborhood of $30,000-
$40,000, with a percentage fee in the future. The development and construction of
each power plant is estimated at a cost of Twenty-Four Million Dollars ($24,000,000). A
full detailed economic analysis will be completed within the next six weeks. Preliminary
analysis shows that our power selling price would exceed our production, maintenance,
and depreciation costs.
Request for City Council Action US-055.01
Page .5 16.50-6.1
Date of Council Meeting: April 4, 2001
· ENVIRONMENTAL REVIEW:
None at this time.
PREPARED BY: SUBMITTED BY:
GLENN E. PRENTICE GEORGE GUAYANTE
Water Utilities Director Interim City Manager
CITY OF IRWINDALE
ORDINANCE NO.
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
IRWINDALE ESTABLISHING A COMMUNITY AGGREGATION PROGRAM FOR
THE CITY OF IRWINDALE AS AN ALTERNATIVE FOR THE PROVISION OF
ELECTRICITY TO THE COMMUNITY
WHEREAS, the City of Irwindale has been developing a program to protect residents and
businesses against exorbitant and volatile electricity prices and reliability, including making a
significant financial commitment to participate in the development of a power plant and seriously
exploring other power supply options; and
WHEREAS, the program contemplated by the City of Irwindale includes the utilization
of the direct access (community aggregation) program created by Assembly Bill 1890 as a
mechanism for delivery of purchased power to the residents and businesses in 'the community;
and
WHEREAS, the City of Irwindale is in the process of'making long-term commitments to
generate and/or acquire electric energy to support the establishment of a community aggregation
program; and
WHEREAS, the City of Irwindale's ability to create a community aggregation program
and deliver lower cost power to City residents and businesses will be significantly hindered or
prohibited by a decision of the California Public Utilities Commission that would suspend direct
access programs at~er June 30, 2001; and
WHEREAS, City of lrwindale desires to establish a community aggregation program in
keeping with its current plans and investments to protect the health, safety, and welfare of the
community.
THE CITY COUNCIL OF THE CITY OF IRWINDALE DOES HEREBY ORDAIN AS
FOLLOWS:
SECTION 1. The City Council of the City of Irwindale hereby establishes a community
aggregation program to, among other things, aggregate the electrical load of residential,
commercial, industrial, and public entity customers within the City of Irwindale, together with
the electrical load of the City of Irwindale.
SECTION 2. Any contracts with customers under the community aggregation program
shall have, or shall be deemed to have, an effective date of even date with the effective date of
this ordinance; provided, however, it is acknowledged that contracts may not be necessary under
certain forms of community aggregation.
IRV #12680 vi (l)
SECTION 3. The City 'Manager is hereby authorized to take such actions as may be
necessary to develop and implement a plan for the community aggregation program.
SECTION 4. The City Council of the City of Irwindale hereby reserves the right to
ratify, modify, suspend, rescind or terminate the community aggregation program established by
this ordinance.
SECTION 5. The City Council finds that there is a current and immediate threat to the
protection .of the public health, safety and welfare insofar as providing a safe, affordable, and
reliable supply of power may be hindered if a community aggregation program is not established
before July 1,2001. The City Council adopts the recitals set forth above as legislative findings
of the threat to the public health, safety, and welfare, and declares that such threat requires the
immediate adoption of this ordinance on an urgency basis pursuant to Section 606 of the City
Charter and Government Code Section 36937.
SECTION 6. This ordinance shall take effect immediately.
SECTION 7. The City Clerk shall certify as to the passage and adoption of this
ordinance and shall cause the same 'to be posted at thc designated locations in the City of
·
Irwindale.
PASSED, APPROVED, and ADOPTED this~ day of ,2001.
MAYOR
ATTEST:
CITY CLERK
IRV # 12680 v I (2)
*.
i i~i~.~.pl~erd ~gg~.~gat nn0nurge gn. ....... Page
.~. ....................... il... io .... ,ncy.a. doc '
Ordinance Establishing a Community Aggregation Program
June 28, 2001
Page 1
CITY OF CERRITOS
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CERRITOS
ESTABLISHING A COMMUNITY AGGREGATION PROGRAM FOR THE
CITY OF CERRITOS AS AN ALTERNATIVE FOR THE PROVISION OF
ELECTRICITY TO THE COMMUNITY
WHEREAS, the City of Cerfitos has been developing a program to protect
residents and businesses against exorbitant and volatile electricity prices and reliability,
including making a significant financial commitment to participate in the development of
a power plant and seriously exploring other power Supply options; and
WHEREAS, the City of Cerfitos has included the utilization of the direct
access (Community Aggregation) program created by Assembly Bill 1890 as a
mechanism for delivery of purchased power to the residents and businesses in the
community; and
WHEREAS, the City of Cen'itos has made, and is continuing to make
long-term commitments to acquire electdc energy-to support the establishment of a
community aggregation program; and
WHEREAS, The City of Cerdtos desires -to establish a community
aggregation program in keeping with its current plans and investments to protect the
health, safety, and welfare of the community.
THE CITY COUNCIL OF THE CITY OF CERRITOS DOES HEREBY
ORDAIN AS FOLLOWS:
SECTION '1. The City Council of the City of Cerfitos hereby establishes a
Community Aggregation program to, among other things, aggregate the electrical load
of residential, commercial, industrial, and public entity customers within the City of
Cerritos, together with the electrical load of the City of Cerritos.
SECTION 2. Any contracts with customers under the Community
Aggregation program shall have, or shall be deemed to have, an effective date of even
date with the effective date of this ordinance; provided, however, it is acknowledged
that contracts may not be necessary under certain forms of Community Aggregation.
~ori'S~epherd - Aggregationn~nurgency.agn..d, oc ~ page
O~inance Establishing a CommunityAggregation Progmm
June 28,2001
Page 2
SECTION 3. The City Manager is hereby authorized to take such actions
as may be necessary to develop and implement a plan for the Community Aggregation
program.
SECTION 4. The City Council of the City of Cerritos hereby reserves the
right to ratify, modify, suspend, rescind or terminate the Community Aggregation
program established by under this ordinance.
SECTION 5. This ordinance shall take effect thirty days after second
reading.
SECTION-6. The City Clerk shall certify as to the passage and adoption
of this ordinance and shall cause the same to be posted at the designated locations in
the City of Cerritos.
PASSED, APPROVED, and ADOPTED this day of ,
2001.
MAYOR
ATTEST:
CITY CLERK
MEMORANDUM
August 3, 2001
TO: John W. Stinson, Assistant City Manager
Gene Bo_gart, Jk/qater Resources Manager
FROM: Flom~esources Director
SUBJECT: Electrical Load Demand Relief Program - Agricultural Water Wells
Additional Rolling Blackout Exemption Status for Domestic Wells (Block 50)
This memo is to update on Water Resources Department activities concerning the electrical energy
situation in California.
* Electrical Load Demand Relief Program - Agricultural Water Wells
The City has entered into an agreement for an electrical load Demand Relief Program. The City
Water Board at its July 11, 2001 meeting approved the entering into an arrangement whereby the
City will voluntarily m-off selected City agricultural water wells during peak electricity demand
periods. The calls are made by the California Independent System Operator (the state' s electrical grid
coordinator) when electricity demands in the state are near the limits of supply available. The City
contract is through an "aggregator" that forms a sizeable unit of electric demand. This makes an
effective block for reduction in demands and assists in averting rolling black-outs. The program is
in effect during the months of June through September, up to 4 hours per event, with no more than
24 hours total downtime per month.
The City participation is in conjunction with Buena Vista Water Storage District, an agricultural
district that has contractual capacity rights in the City wells. The City is paid for its participation in
the program. Special meters and telemetry were installed by the City and Buena Vista on each of the
9 wells at a cost of approximately $40,000. Up to $26,000.00 of this investment will be re-imbursed
through a grant that was secured by the City through the California Energy Commission. The
payments for the program are $15,000.00 per month (minimum) or $375.00 per megawatt per hour
of downtime of the wells, whichever is greater at the end of the month. The City's wells represent
1.8 megawatts of demand, meaning payment accumulation is $675.00 per hour. The payments
received in this demand relief program will be shared proportionately with water produced by the
August 3, 2001
PAGE - 2 -
City and Buena Vista WSD. The program will not effect our ability to meet water demands. The
payments will be used to offset the cost to pump water. As of August 3, 2001 there has been one call
for curtailment, on July 3, 2001.
*Additional Rolling Blackout Exemption Status for Domestic Wells (Block 50)
In June, the Water Resources Department applied to the California Public Utilities Commission
(CPUC) for additional exemptions from rolling blackouts for 11 domestic water well facilities. This
exemption is generally known as "Block 50" status. Currently the City has approximately 1/3 of its
system pumping capabilities with standby generators plus eight wells already in Block 50. The
CPUC requested these additional applications for exemption from non-residential entities. Our
application was based on the need to supply domestic water public and private fire protection
services and ensuring water for hospitals, fire stations, schools and other essential public services
facilities.
At the time of application, we were informed decisions on the exemption status would be made by
the CPUC by August 2, 2001. Water Resources staffreceived notice (via e-mail) on August 2, 2001
that the CPUC would issue a draft decision will be available for "review and comment on or around
August 17, 2001". The note indicated instructions will be provided on how to file comments and the
CPUC will vote upon the requests at its September 6, 2001 meeting.
Water Resources staff will await the draft CPUC decision and submit appropriate comments as
needed.
S52001 MEMO S'xELECTRICINFOUPDATE
B.A KE R S F I E L D
PUBLIC WORKS DEPARTMENT
1501 TRUXTUN AVENUE
BAKERSFIELD, CALIFORNIA 93301
(661) 326-3724
RAUL M. ROJAS, DIRECTOR · CITY ENGINEER
TO: John Stinson, Assistant City Manager
FROM: Brad Underwood, Public Works Operations Manager
DATE: August 3, 2001
SUBJECT: City Facilities energy usage update
The following represents the jUne 2001 energy savings percentages for various City
facilities:
· City Hall ..................................... 20% decrease
· City Hall Annex ......................... 17% decrease
· Police Department ...................... 6% decrease
· Development Services ................ 8% decrease
· Economic Development ............. 7% decrease
· Corp Yard ................................... 4% decrease
· WWTP #2 ................................... 28% decrease
(Information on other City facilities not available at this time.)
In addition, because we realized a 20% decrease in energy usage at City Hall, the City
was received a $2,500 rebate through the State's 20/20 Program.
BAKERSFIELD
PUBLIC WORKS DEPARTMENT
MEMORANDUM
DATE: JULY 30, 200,1
TO: ALAN TANDY, CITY MANAGER
FROM: RAUL M. ROJAS, PUBLIC WORKS DIRECTOR
SUBJECT: RELOCATION OF MAYFLOWER BUILDING
Due to the exorbitant bid we received to move the existing Mayflower building, staff was asked
to "regroup" and develop options that would provide the necessary space at an affordable price.
The question presented to staff was "What can we get for $200,000". The following is a
summary of those options:
1. CONSTRUCT NEW METAL BUILDING
Several contractors were contacted to get quotes for erection of a new metal building.
The new building included all necessary engineering, delivery to the site, erection, 6" concrete
slab, electrical work two restrooms and a small office.
The prices ranged from a low of $22 per square foot to a high of $35 per square foot. The
best price was quoted by Valley Steel and Construction who can provide a 50' X 175' X 16' tall
building (8750 square feet) for $192,500 ($22/square foot). On the high price end, the largest
building we could get would be just under 6,000 square feet.
2. MOVE EXISTING BUILDING
According to several of the contractors polled after the one bid was received, the reason
for the very high price coupled with the low bidder turnout was the very short bid time allotted.
Re-bidding this project with a much longer bid period would allow more contractors to show
interest in the project. Theoretically, this would lead to more competitive bids. To that end, we
asked for those who provided quotes to us last year to update their respective quotes. We
received only one quote from Wallace and Smith for $295,235 (their quote from a year ago
was $220,080).
July 30, 2001
Subject: Relocation of Mayflower Building
Pase 2
3. LEASE BUILDING SPACE FOR POLICE AND RECREATION & PARKS
As another option, we could attempt to find space for Recreation and Parks with a long term
lease. Currently, the City has leased approximately 8,600 square feet of warehouse space for the
Police Department located west of H Street and north of 14th Street. This lease is for 6 months and
could be extended for a longer period of time if necessary.
The Property Manager indicates that long term leases for these types of facilities could be
acquired for approximately 20 to 25 cents per square feet. For and equivalent amount of space as
realized in the Mayflower building, lease rates could range form $2,200 to $2,750 per month.
4. COMBINATION LONG TERM LEASE AND NEW BUILDING
The Police Department has indicated they are satisfied with the location and size of the building
now being leased for them. Although there may be a need to provide some improvements to the
property (such as insulation), it is our understanding the value of these improvements could offset lease
payments. In any event, that would have to be negotiated with the building owner.
To facilitate Recreation and Parks, a new, smaller building could be erected. Based on a per square
foot cost of $22 and a building size of 5,000 square feet (50'X 100'X 16 feet tall), the total price of
the new building would be $110,000.
RECOMMENDATION
Based on the latest information available, relocation of the existing building appears not feasible. It
would therefore be my recommendation that we construct a smaller building for Recreation and Parks
and continue with a long term lease for the Police Department. A new 5,000 square foot building for
Recreation and Parks would be sufficient for their existing needs, could be expanded in the future as the
need arises and fit within the current budget.
In addition, extending a long term lease for the Police Department can be included in future operating
budgets for the Department, or budget in the future for the construction of a new building for the Police
Department equivalent to the proposed building for Recreation and Parks.
G:\GROUPDAT~Jack~mayflower buliding repon.wlxl
July 25, 2001
Alan Tandy
City Clerks Office
1501 Truxtun Ave
Bakersfield, CA 93301
Dear Alan:
Our heartfelt thanks for your help and support during the process of the City/RDA
Agreement with Canyon Hills Senior Housing. Your support and concern is obvious for
the senior adult community in general, and a special blessing to the seniors residing at
Canyon Hills Senior Housing in particular. This is a worthy project that will be of
benefit to seniors in Bakersfield, and Kern County for years to come.
Your support helped make it happen. Again, on behalf of the seniors of this community,
thank you!
Sincerely,
Pastor Wendell Vinson
WV/lm
Rev. Wendell Vinson
Senior Pastor
7001 Auburn Street. Bakersfield, CA 93306 · 805.871.1150
Median Island Project List:
Original List of Medians Presented to Council in Memorandum of 8/30/00
Funded by $150,000 Gas Tax, $150,000 CDBG, $530,000 Gas Tax Transfer (Avail. from AB 2928)
Existing
Median Segment Segment Culmulative
W;~rd Street Name From (S. Limit~ To (N. Limit~ Type Length (Mi~ Pro!ected Cost Cost Status
3 Panorama Dr Bluff Columbus AC/Trees 0.83 $207,500 $207,500 Complete
2/5 Stockdale Hwy California Village Lane Dirt 0.15 $40,000 $247,500 Complete
7 H Street/South H Wilson Ming AC/Trees 0.50 $125,000 ~372,5~0 Hardscape complete,
irrigation/landscape under const.
6 White Lane Akers Wible Dirt 0.59 $147,500 $520,000 Roadway excavation currently underway
1 S Chester/Chester Planz SJVRR AC 0.40 $120,000 $640,000 Designed, awaiting construction
2 Union Ave Monterey 34th Street AC 0.55 $137,500 $777,500 Designed, awaiting construction
2/3 Median at Panorama/Union/Manor Interchange Dirt $52,500 $830,000 Under design
Medians Added from Mid-Year Budget $445,000 Appropriation of March 28, 2001
5 Stockdale Hwy Ashe 1000' W - California Dirt 0.60 $150.000 $980,000 Under design
6 White Lane Wilson Stine Dirt 0.70 $175,000 $1,155,000 Under design
7* Ming Hughes 300' east AC 0.06 $15,000 $1,170,000 Complete
7' Ming South H 340' west AC 0.06 $15,000 $1,185,000 Hardscape complete,
irrigation/landscape under const.
3 Columbus Christmas Tree Panorama AC/Trees 0.21 $52,083 $1,237,083 Under design
7 H Street/South H Hendricks Wilson AC/Trees 0.23 $56,818 $1,293,902 Hardscape complete,
NOTES:
Both Ward 7 Ming Avenue projects were replacements by Vice Mayor Salvaggio of staff recommended South H from Ming to LaFrance (.25 miles).
BAKERSFIELD
Economic and Community Development Department
MEMORANDUM
July 23, 2001
TO: John Stinson, Assistant City Manager
FROM: Donna L. Kunz, Economic Development D~rector
SUBJECT: Agreement Between the City and the Downtown Business and Property
Owners Association Regarding Banners on Chester Avenue
The Chester Avenue Streetscape project includes four sets of seasonal banners, 96 in
each set, for a total of 384 banners, to be alternated four times a year. The Downtown
Business and Property Owners Association (DBPOA) agreed to hang, take down, store
and maintain the banners.
On December 17, 1997, the DBPOA and the City Council entered into Agreement No. 97-
345 Regarding Banners on Chester Avenue. As such, the city and the DBPOA agreed to
the following:
1. The City granted the DBPOA a nonexclusive license to hang the banners. It was to
terminate in one year commencing after streetscape completion May 18, 1998,
unless both parties agreed to an extension. Although the one year term expired on
May 18, 1999, the DBPOA continued to hang, take down, store and maintain the
banners at no cost to the city.
2. With city approval, the agreement also allowed the DBPOA to purchase other
banners temporarily replacing seasonal banners for upcoming events in the city to
advertise upcoming events. The DBPOA never exercised this option.
3. Ownership of the banners could be transferred to the DBPOA; however, this
transfer was never formally executed.
The DBPOA agreed to do this at no cost to the city. By having this system in place it was
an opportunity to ensure consistency, quality, compliance with the signage ordinance and
no advertising. It also benefitted the DBPOA as a location to promote upcoming events.
The agreement is attached.
dlk:P:\STREETSC\DBPOAbanneragmttcrmination2001.wpd ' JUL 2 3 2001
AGREEMENT NO. 9 7 - ~.Z]: ~
AGREEMENT REGARDING BANNERS ON CHESTER AVENUE
THIS AGREEMENT is made and entered into on .. ~,m, ! ? ~ , by and
between the CITY OF BAKERSFIELD, a municipal corporatio~'-(~ereinafter "CITY"), and
THE DOWNTOWN BUSINESS AND PROPERTY OWNERS ASSOCIATION, a California,
non-profit, mutual benefit corporation made up of owners of real property and businesses
in the downtown Bakersfield area (hereinafter"DBPOA").
RECITALS
WHEREAS, CITY is the owner of a certain real property or owns easements on
certain real property located on Chester Avenue between Truxtun Avenue and 24th Street,
Bakersfield, California, (herein referred to as "the Property"), more particularly described
in Exhibit "A" attached hereto and made a part hereof; and
WHEREAS, CITY and DBPOA, in order to enhance the aesthetics and complement
the Chester Avenue Streetscape Project, and advertise upcoming events, wish to hang
banners from the street light poles located on the east and west sidewalk areas of Chester
Avenue between Truxtun Avenue and 24th Street; and
WHEREAS, CITY intends to purchase 384 banners (96 for each of the four seasons
of the year), to be hung from those street light poles; and
WHEREAS, DBPOA intends to purchase additional banners to be hung from those
poles to advertise upcoming events in the City; and
WHEREAS, DBPOA has agreed to hang, take down, maintain and store all
banners, whether purchased by CITY or by DBPOA.
NOW THEREFORE, in consideration of the foregoing, the mutual promises,
covenants, conditions and agreements hereinafter set forth, and the other good and
valuable consideration, the receipt and adequacy of which are hereby acknowledged, the
Parties agree as follows:
1. Grant of License. CITY hereby grants to DBPOA, its employees,
representatives and contractors a non-exclusive license (hereinafter the "License") to enter
upon the Property from time to time to conduct the activities described in paragraph 3
below. This License shall commence on January 1, 1998, or the date the Notice of
Completion on the Chester Avenue Streetscape Project is filed, whichever is later and shall
terminate one year from the date of commencement, unless the parties agree in writing to
extend the term of the License. This License shall be revocable and/or terminable by CITY
-- Page 1 of 6 Pages-- ~-_
ORIGINAL
at any time upon at least fifteen (15) days' advance written notice, or upon lesser notice
if lesser notice is reasonable. Prior to the expiration or sooner termination of the License,
DBPOA shall, at its sole cost and expense ensure that the appropriate seasonal banners
have been hung from the street light poles.
2. CITY's Obligations. CITY shall purchase 384 banners (96 to be alternated
four times each year). CITY shall hang the first banners from the street light poles located
on the east and west sidewalk areas of Chester Avenue between Truxtun Avenue and 24th
Street, upon completion of the installation of all of streetlight poles installed in conjunction
with the Chester Avenue Streetscape Project.
Upon completion of the hanging of the first set of banners, ownership of those
banners, as well as the remaining banners shall be transferred to DBPOA.
3. DBPOA's Obligations. DBPOA shall take responsibility for removal of the
banners initially hung by CITY and shall hang the remaining banners according to an
annual schedule submitted by the DBPOA. This annual schedule shall specify the
changing of the banners for a twelve month period. The schedule shall be submitted no
later than January 1 of each year. Any additional banners purchased by the DBPOA shall
be included in this annual schedule or submitted in a separate request using the
specifications outlined in Exhibit "B", attached hereto and incorporated herein by reference.
The banner request form must be submitted to CITY at least thirty (30) days prior to the
date on which the DBPOA wants to hang the banners.
DBPOA shall be permitted to remove seasonal banners for a period of 2 weeks and
replace them with DBPOA banners to advertise upcoming events in the City. DBPOA must
remove the special event banner and replace it with the appropriate seasonal banner
within 2 days after the concurrence of the special event the banner advertises. Two
banners shall be hung from each street light pole.
In the event that a banner needs to be replaced because of theft, vandalism,
weathering, or some other act, the DBPOA shall pay for the replacement banner.
4. Permits. DBPOA, at no cost or expense to CITY, shall be responsible for
obtaining any and all governmental permits and approvals which may be necessary for it
to conduct any work or activities under this Agreement, including, but not limited to having
any banner not supplied to DBPOA by CITY reviewed for compliance with the City's sign
ordinance.
5. Liens and Claims. DBPOA will not permit any mechanics', materialmen's
or other similar liens or claims to stand against the Property for labor or material furnished
in connection with any work performed by DBPOA under this Agreement. Upon
reasonable and timely notice of any such lien or claim delivered to DBPOA by CITY,
DBPOA may bond and contest the validity and the amount of such lien, but DBPOA will
- Page 2 of 6 Pages --
ORIGINAL
immediately pay any judgment rendered, will pay all proper costs and charges and will
have the lien or claim released at its sole expense.
6. Coo_Deration. DBPOA agrees to coordinate its activities with CITY and other
downtown businesses to minimize any impairment of access by customers or business
invitees of CITY or such other businesses to the Property and any inconvenience to or
disruption of CITY's and other businesses on the Property.
7. Waiver of D. efault. The failure of any party to enforce against another a
provision of this Agreement shall not constitute a waiver of that party's right to enforce such
a provision at a later time, and shale not serve to vary the terms of this Agreement.
8. Indemnity_. DBPOA shall indemnify;and hold harmless CITY, its officers,
agents and employees against any and all liability, claims, actions, causes of action or
demands whatsoever against them, or any of them, before administrative or judicial
tribunals of any kind whatsoever, arising out of, connected with, or caused by DBPO^,
DBPO^ 's employees, agents or independent contractors or companies in the performance
of, or in any way arising from, the terms and provisions of this Agreement whether or not
caused in part by a party indemnified hereunder, except as limited by California Civil Code
section 2782.
9. Insurance.
9.1 During the term of this Agreement, DBPO^, before entering the
Property, and at its own expense, shall procure and maintain during the performance of
its obligations under this Agreement policies of liability insurance, issued by insurance
companies duly qualified or licensed to issued policies of insurance in the State of
California reasonably acceptable to CITY, which are primary as to any other existing, valid
and collectible insurance insuring CITY against loss or liability caused by or in connection
with DBPOA's (or its agents', employees', invitees', guests', contractors' or subcontractors')
activities under this License, in amounts not less than:
9.1.1. Commercial General Liability Insurance Occurrence Form, or
the equivalent, including Blanket Contractual Liability, with a combined single limit of at
least ONE MILLION DOLLARS ($1,000,000) each occurrence, TWO MILLION DOLLARS
($2,000,000) aggregate, for Bodily Injury and Property Damage, including Personal Injury.
9.1.2. Workers' Compensation Insurance as required by law, and
Employers' Liability Insurance with a minimum limit of at least ONE MILLION DOLLARS
($1,000,000) each occurrence.
9.2 The policies of liability insurance shall name CITY as an additional
insured and shall not exclude or restrict coverage based upon alleged or actual negligence
of an additional insured. Subrogation against CITY shall be waived as respects Workers'
DBPOA BANNER AGREEMENT
P:~.GREEMEN~BANNERS.DBA--Septernber 9, 1997
-- Page 3 of 6 Pages -- ~- -'-
OR[GtNAL
Compensation Insurance. The insurance required hereunder in no way limits or restricts
the indemnification under Paragraph 8 above, nor is the insurance to be carried limited by
any limitation placed on the indemnity as a matter of law. Any deductible amount is
DBPOA's responsibility.
9.3 Insurance is to be placed with insurers with a Bests' rating of no less
than A:VII. Any deductibles, self-insured retentions or insurance in lesser amounts, or lack
of certain types of insurance otherwise required by this Agreement, or insurance rated
below Bests' A:VII, must be declared prior to execution of this Agreement and approved
by CITY in writing.
9.4 All policies shall contain an endorsement providing the CITY with thirty
(30) days written notice of cancellation or material change in policy language or terms. All
policies shall provide there shall be continuing liability thereon, notwithstanding any
recovery on any policy.
9.5 The insurance required hereunder shall be maintained throughout the
term of this Agreement.
9.6 The DBPOA shall furnish CITY's Economic and Community
Development Department with a certificate of insurance and required endorsements
evidencing the insurance required. CITY may terminate this Agreement if certificates of
insurance and endorsements required have not been provided.
9.7 Unless otherwise approved by CITY, if any part of the work under this
Agreement is subcontracted, the "basic insurance requirements" set forth above shall be
provided by, or on behalf of, all subcontractors even if the CITY has approved lesser
insurance requirements for DBPOA.
10. Notices. All notices relative to this Agreement shall be given in writing and
shall be personally served or sent by certified or registered mail and be effective upon
actual personal service or depositing in the United States mail. The parties shall be
addressed as follows, or at any other address designated by notice:
To CITY: City Manager (or designee)
CITY OF BAKERSFIELD
1501 Truxtun Avenue
Bakersfield, California 93301
To DBPOA: Cathy A. Butler, Executive Vice President
DOWNTOWN BUSINESS AND
PROPERTY OWNERS ASSOCIATION
1330 17th Street
Bakersfield, California 93301
DBPOA BANNER AGREEMENT
P:~AGREEMEN',I~ANNERS. DBA-September 9, 1997
Page 4 of $ Pages
ORIGINAl
10.1 The person and the place to which notices are to be mailed may be
changed by either party by providing written notice of same to the other.
11. Assignment. Successors and Assigns. This Agreement shall not be
assigned by any party, or any party substituted, without prior written consent of all the
parties.
12. Entire A~_reement. This Agreement represents the full, complete and entire
agreement between the parties with respect to the subject matter hereof, and the rights
and remedies of the parties shall be solely and exclusively those herein contained, and in
lieu of any remedies otherwise available at law or in equity.
13. Counter_Darts. This Agreement may be executed in one or more
counterparts, each of which shall be deemed an original, and all of which, taken together,
shall constitute one and the same Agreement.
14. Merger and Modification. All prior agreements between the parties are
incorporated in this Agreement which constitutes the entire agreement. Its terms are
intended by the parties as a final expression of their agreement with respect to such terms
as are included herein and may not be contradicted by evidence of any prior agreement
or contemporaneous oral agreement. The parties further intend this Agreement constitutes
the complete and exclusive statement of its terms and no extrinsic evidence whatsoever
may be introduced in any judicial or arbitration proceeding involving this Agreement. This
Agreement may be modified only in a writing approved by the City Council and signed by
all the parties.
15. ComDliance with All Laws. DBPOA shall, at DBPOA's sole cost, comply
with all of the requirements of Municipal, State, and Federal authorities now in force, or
which may hereafter be in force, pertaining to this Agreement, and shall faithfully observe
in all activities relating to or growing out of this Agreement all Municipal ordinances and
State and Federal statutes, rules or regulations now in force or which may hereafter be in
force.
16. ~. 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.
OBPOA BANNER AGREEMENT
P?,AGREEMEN~,BANNER$.OBA--September 9, 1997
-- Page 5 of 6 Pages -- ~ g'~'K~c'~d'~,
~ ....
ORIGINAL
17. Survival. All representations, warranties and indemnities contained in this
Agreement, including but not limited to the indemnity provisions in Paragraph 8, shall
survive the expiration or sooner termination or cancellation of this Agreement.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed, the day and year first-above written.
"CITY .... DBPOA"
CITY OF BAKERSFIELD DOWNTOWN BUSINESS AND
PROPERTY OWNERS ASSOCIATION
By: By: J
pHAres~idOeLnDt HA~S~)N'''''''-
APPROVED AS TO CONTENT:
ECONOMIC AND COMMUNIT~
DEVELOPMI~IT DEPA~RTM~EI~'
By: ~
Econorhi~lopment Director
APPROVED AS TO FORM:
JUDY K. SKOUSEN
City Attorney
J ~/~i naEnGc eORD iYreJ;toKrLI M KO
DBPOA BANNER AGREEMENT
P:~AGREEMEN~BANNERS,OBA-.Sept®mber 9, 1997.. Page 6 of 6 Pages - ~.~ ~'~'~'~.
EXHIBIT A
Exhibit "A" contains a light pole detail and a description of the locations of all light poles on Chester
Avenue, between Tmxttm Avenue and 24~h Street. Each street light pole will have two sets of banner
arms attached to either side of the light pole from which banners will be hung.
According to the Chester Avenue Streetscape Plan, three (3) streetlight poles will be installed on
each block face or a total of six (6) streetlight poles per block. There will be a total of forty-eight
(48) light poles. Location of the street poles are described below:
Truxttm Avenue to 17th Street, three (3) light poles on
the west side and three (3) light poles on the east side; ~,n~o~ %~ I I
0.~, 1~ Ill
17th Street to 18th Street, three (3) light poles on the
west side, and three (3) light poles on the east side;
18th Street to 19th Street, three (3) light poles on the
west side, and three (3) light poles on the east side; ~ ~ ~x
x..20A, 115¥, #.P. 0N
19th Street to 20th Street, three (3) light poles on the ~-~" '~-
~ KkTCH POL£ COLOR)
west side, and three (3) light poles on the east side;
20t" Street to 21st Street, three (3) light poles on the
west side, and three (3) light poles on the east side;
~4010
NI~O TO LI6tlT5
21 st Street to 22"d Street, three (3) light poles on the
west side, and three (3) light poles on the east side;
22nd Street to 23~a Street, three (3) light poles on the
west side, and three (3) light poles on the east side;
23ra Street to 24th Street, three (3) light poles on the
west side, and three (3) light poles on the east side.
5~E FOOTING O~TAILQ
LI~T5 ~ M..U65
NUT,5 ~
LIGHT POLE DETAIL
EXHIBIT B
BANNER REQUEST SPECIFICATIONS
Please direct your letter of request to:
John F. Wager, Jr.
Economic Development Director
City of Bakersfield
515 Truxtun Avenue
Bakersfield, CA 93301
Information Needed:
General information
Name of sponsor for the event
Contact name of sponsor and phone number
Name of contractor of who is installing banners
Contact name and phone number
Dates
Date(s) of events
Banner placement date(s)
Banner removal date(s)
Logistics
Location of proposed placement
Copy of map if more than one location
Design (Be specific)
Number of banners
Quality of materials
Construction
Drawing or picture of banner including wording on banner and copy of any logo used in
banner
Any special features to combat the wind
Please allow at least 30 days for processing. Applications submitted less than 30 days
prior could jeopardize a timely decision.
All contact regarding your request needs to be directed to:
Donna Barnes
City of Bakersfield
Economic and Community Development Department
515 Truxtun Avenue
Bakersfield, CA 93301
Phone 326-3765 FAX 328-1548
DBPOA BANNER AGREEMENT
P:~AGREEMEN\BANNERS.DBA--September 9, 1997
-- Page B-1 --
TO: ALAN TANDY, CITY MANAGER
FROM: ERIC W. MATLOCK, CHIEF OF POLICE (~
DATE: July 30, 2001
SUBJECT: Junior League Building Vandalism
Council Referral No. WF0018938/01 (Ward 2)
Council Member Benham requested the Police Department look into increased patrol
due to vandalism at the Junior League building.
On July 20, 2001, central area officers were assigned to provide extra patrol to the
Junior League Building. This property will be vacant during the next three months for
renovation.
Crime Prevention Specialist Rachael Meek contacted Ms. Olliver Ellison and offered to
"walk through" the vacant building for the purpose of providing suggestions to deter
future vandalism. Ms. Ellison did not feel a site visit was necessary because a six-foot
chainlink fence was recently installed around the property which significantly reduced
the occurrence of vandalism. They continued their conversation and discussed
properly boarding up the windows, planting thorny bushes around the perimeter under
the windows to deter entry to the building, and exterior lighting (motion lights).
Ms. Ellison was satisfied with the suggestions and stated she would re-contact our
Crime Prevention Unit if problems persist.
The area officers will continue to provide extra patrol.
EWM/vrf
BAKERSFIELD
Alan Tandy · City Manager
August 3, 2001
County of Kern
Environmental Health Services Department
Steve McCalley, Director
2-700 "M" Street, Suite 300
Bakersfield, CA 93301-2370
Dear Mr. McCalley:
The City-of Bakersfield recently received the attached e-mail from Mr. David M. Brunson, Jr.
regarding his concerns about unsafe and unsanitary conditions of ice cream trucks.
Councilmember Sue Benham has asked that staff respond to Mr. Brunson's inquiry. Since
Kern 'County Environmental Health is the regulatory agency that issues permits for such food
vendors, we would appreciate it-if your agency would investigate and respond to'his concerns.
Please provide me with copies of any correspondence to Mr. Brunson'by your agency so I may
keep the City Council apprised as to the status of this request. I appreciate your prompt
attention to this matter.
Sincerely,
John W. Stinson
Assistant City Manager
Attachment
cc. City Manager, Alan Tandy
Honorable Mayor and City Council
Mr. David M. Brunson, Jr.
S:~lOHN~Council Refe rals~etterMcCalley, wpd
City of Bakersfield ® City Managers Office · 1501 Truxtun Avenue
Bakersfield · California · 93301
(661) 326-3751 · Fax (661) 852-2050
F rom: <BBA31412~aol.com> R ~ C ~ i' "~ ?''
To: <city_council(~ci.bakersfield.ca.us> ,: :.
Date: Thu, Jul 26, 2001 6:20 PM
Subject: ice cream trucks i AUG _.
I have noticed the very unsafe and unsanitary conditions of the ice cream : i ~ ,
It/t .~. '~,~ ~'. /""---'
trucks being allowed to sell to our children. I for one as a business owner !C!TY r,,,-,, ~.-.,.:.::-..: :::Fi ::.::
am disgusted at the sight of these run down jalopy type vehicle roaming the ......
neighborhood, Do the same type of laws apply to all businesses?, are these
junkers not inpected dgouresly?, arent there any uniform standards? if
nothing else what about safety?, I will make an all out effort to bring this
to light in the public, using the media, flyers whatever it takes. The city
of Bakersfield takes a nice hefty chunk of my business via property tax etc,
I am held to a high standard, therefore i insist this issue be adressed.
Thank you
David M. Brunson jr
661-396-8881
bba31412~aol.com
HR. DAVID BRUNSON, ~R.
3901 WIBLE ROAD, SUITE ~7
BAKERSF'IELD, CA 93309
· ' Distributed to:
Mayor
Council
City Ugr ~
C~y ^~
Other_~. ~;'. r,.n,~
ay City Clerk
-
B A K E R $ F I E
MEMORANDUM
TO: ALAN TANDY, CITY MANAGER ~/
FROM: JACK HARDISTY, DEVELOPMENT SERVICES DIR
DATE: August 1,2001
SUBJECT: BRIMHALL & JEWETTAANNEXATION
Council Referral No. WF0018953 (Ward 4)
I COUNCILMEMBER COUCH REQUESTED THE STATUS OF POSSIBLE I
ANNEXATION OF NORTHWEST CORNER OF BRIMHALL AND JEWETTA.
Contact was made with Mr. Bill Hurley, the property owner, who stated the desire to
either get approval of commercial zoning or an increase in residential density on his
corner. Further discussion with the City Manager's Office at the Thursday, June 28th
Annexation Task Force Meeting regarding their request was needed prior to further
discussions with the property owners, but the meeting was cancelled.
The existing City zoning would allow one dwelling unit per 5 acres, which matches the
County's zoning. The property owner has asked when the City would make the
improvements to Brimhall Road, along his property because trees have been removed
along the area. Therefore, Public Works and the City Manager's office must be
consulted at the Task Force meeting.
The next Task Force meeting is scheduled for August 14, 2001.
P:\Corres\brimhall-jewetta.ref.wpd
B A K E R S F I E L U C:=;'--:
MEMORANDUM
TO: ALAN TANDY, CITY MANAGER
FROM: JACK HARDISTY, DEVELOPMENT SERVICES DIRE
DATE: July 31, 2001
SUBJECT: WIENERSCHNITZEL LIGHTING PROBLEM
Council Referral No. WF0018952 (Ward 4)
COUNCILMEMBER'COUCH REQUESTS THE STATUS ON COUNTY
ADDRESSING THE ISSUE OF LIGHTING PROBLEM AT WlENERSCHNITZEL ON
COFFEE ROAD.
City staff again contacted the supervisor in charge of plan check for the County to see if
they had progressed with their investigation.
The County responded that the issue has been assigned to a building inspector but the
inspector has not yet issued his report. The County building supervisor indicated he will
contact us when they have made their determination.
JH:JM:pah
P:\wienerschnitzel.ref.wpd
B A K E R S F I E L D
MEMORANDUM
TO: ALAN TANDY, CITY MANAGER
FROM: JACK HARDISTY, DEVELOPMENT SERVICES DIRECTOR/~,4,~.J,N
DATE: August 1, 2001
SUBJECT: TRASH CONTAINER ORDINANCE
Council Referral No. WF0018942 (Ward 4)
COUNCILMEMBER COUCH REQUESTED THAT RON GAGNON RECEIVE A
COPY OF THE ORDINANCE PERTAINING TO TRASH CONTAINER STORAGE
AND SCREENING REQUIREMENTS, DEVELOPMENT STANDARDS FOR BACK
YARDS AND DIMENSIONS OF LARGE TRASH CANS.
Mr. Gagnon has been sent an information packet pertaining to the City's solid
waste disposal services and recommendations for residential pickup, which discusses
containers, but does not require screening. Also sent was the only standard the City
does have for trash which pertains to development other than single family.
As staff indicated in a March 21, 2000 letter to Mr. Gagnon (attached), the City
has no power to require storage of trash containers behind screening in single family
residential areas. No ordinance exists regarding screening of trash container for single
family residential development.
JH:JM:pah
P:\Corres\trash.ref.wpd
March 21, 2000
Ronald Gagnon
9703 Marby Grange Way
Bakersfield, CA 93312
Re: Trash Containers
Dear Mr. Gagnon,
Recently I received an e-mail sent to Councilmember David Couch from you. Councilmember
Couch asked ifI would explain why we cannot enforce your CC&R's. A CC&R is an agreement
between private parties, for instance, between a property owner and Ms/her neighbors, to refrain
from using one's property to the detriment of the neighborhood. The City is not a party to such
agreements, therefore, they cannot be enforced by the City. You, as a property owner, are
entitled to pursue a civil action in a court of law to require another property owner to abide by the
CC&R's. The City could consider adopting an ordinance for screened areas for the trash
containers and I believe our Solid Waste Department has talked about it and found that it could
be a hardship with some of the residents in the City of Bakersfield, and that would be a decision
made by the City Council.
If you have any questions please call me at (661) 326-3047.
Sincerely,
Randy Fidler
Chief Code Enforcement Officer