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HomeMy WebLinkAbout07/23/1992 B A K E R S F I E L D Kevin McDermott, Chair Patricia J. DeMond Ken Peterson Staff: John W. Stinson AGENDA BUDGET AND FINANCE COMMITTEE Thursday, July 23, 1992 12:00 Noon City Manager's Conference Room 1. KEDC Contract (Ray Dezember & Greg Whitney) 2. Amendment to Service Agreement with Carl Warren & Co. re. Change in Rates for Liability Claims Adjustment and Management (Robert Kretzmer) 3. Weed Abatement Cost Recovery 4. State Mandated Fire Inspections 5. Set Next Meeting MEMORANDUM July 2, 1992 TO: Dale Hawley, City Manager FROM: Jake Wager, Economic Development Directo SUBJECT: Kern Economic Development Corporation An excellent relationship has developed between the city and KEDC over the past five years. This relationship is based on shared goals, frequent communication, and complementary purposes and activities of our organizations. Since 1987, KEDC has been charged with attracting new business and industry to Kern County. They are the contact point for new businesses referred by the California Department of Commerce. The city's TEAM BAKERSFIELD concept of promoting superior customer service to prospects is shared by KEDC. Each time a prospect is looking at Bakersfield, city staff makes a presentation to the client about the city's "can-do" attitude regarding permitting, our project manager concept, and the Incentive Area. City involvement may also involve giving tours to the prospect. KEDC provides many referrals to our office. If KF:~DC learns of a problem a Bakersfield business is having with the city, KEDC contacts ED staff to follow-up. If a business is looking for ways to finance an expansion, a referral is made to city ED. Referrals also include inquiries on statistical information which we compile. These may be from journalists, researchers, students, and the general public. In each instance, referrals are made not because KEDC is required to, but because of our demonstrated ability to follow through on these requests. We also make referrals to KEDC. These involve inquiries from prospects whose requirements or uses are inconsistent with a Bakersfield site. While the prospect and Bakersfield may not be a match, our goal is to keep that prospect in Kern County. We work well together. During an extended leave of one of our economic development professionals, KEDC offered to assist with any backlog if necessary. Conversely, when Mike Ammann left his position as KEDC president recently, our office made a similar offer to vice- president Sharman Cummins. Our staffs carpool to out-of-town meetings and coordinate attendance at conferences so as many breakout sessions can be attended as possible. City and KEDC also cooperate in promoting the Incentive Area. KF~DC spotlights the Incentive Area with every prospect cOnsidering Kern County. However, with Delano's recently designation as an enterprise zone, KEDC now promotes both programs equally. KEDC FY 92-93 BUDGET we receive site inquiries from Wher~ it ¢om~ from.., prospects, KEDC provides us with detailed building lrarv~ mic~o~ 4't~ and property Sal&.9't5 descriptions. Their computerized database of all available Commercial and OTHBI ClTIg-q 2~ $~o~ industrial sites in Kern County is ~ ~rzaSFISLD t~'~ constantly updated. OTHBR INCX)MR 28~, $50,000 B e c a u s e t h e i r $126,720 database does not rBRN COUNTY 12~ include retail properties, the city has launched our "Anchors Aweigh" program to fill the gap. Anchors Aweigh will track available retail buildings and sites in metro Bakersfield to assist when we receive inquiries from retail prospects. Of course, information from our database will be shared with KEDC, just as they share information from their database with us. KEDC's 1992-93 budget totals $453,000.The and where it go~... budget anticipates $212,975, or 47% of the total .budget, in private sector SALAR.IB~ & BENBFITS 82i9~147 contributions. Although the fiscal year has just begun, private sources have already contributed $96,175 for FY 92-93. KEDC expects the remainder of MARI~TING p r i v a t e ll~Ui~dOilN. OlrlrlCB~q3~g/~ contributions to be received by October 1992. The County of Kern is expected to contribute $53,000, or 12%, in FY 92-93:$35,000 in cash and in-kind services of $18,000. The city's $50,000 contribution equals 11% of KEDC's budget. An agreement to provide $50,000 to KEDC will be on the Council agenda July 15. KEDC had wanted an additional five year agreement with the City. St,3, ff recommended a one year term and the inclusion of several performance measurements. The agreement was approved by KEDC's board of dkectors July 2. A copy of the agreement is attached. attachment KERN ECONOMIC DEVELOPMENT CORPORATION "Draft" Contract with the City of Bakersfield KERN ECONOMIC DEVELOPMENT CORP. ... IN THE HEART OF THE CALIFORNIAS" DRAFT AGREEMENT FOR ECONOMIC DEVELOPMENT IN KERN COUNTY THIS AGREEMENT is entered into on by and between the CITY OF BAKERSFIELD, a Municipal Corporation, hereinafter "City", and the KERN ECONOMIC DEVELOPMENT CORPORATION, a California non-profit mutual benefit corporation, hereinafter "Corporation". WITNE S SETH: WHEREAS, traditionally the health of Kern County's economy fluctuates with and directly reflects the strength of its two major industries, agriculture and oil; and ~ WHEREAS, recognizing the need to aggressively seek out business and industry, on December 22, 1986, a group of community and business leaders formed the Kern Economic Development. Corporation, a non-profit mutual benefit corporation dedicated .to attracting neW industry to the County; and . WHEREAS, the Corporation has requested the City support and cooperate with it in its efforts to seek out and locate new business in Kern County; and WHEREAS, the affordable land, manpower, exceptional educational institutions, and excellent freeway transportation facilities available in Kern County make it appropriate that the effort to attract new industries continue at this time; and WHEREAS, the City Council of the City of Bakersfield is committed to the development of a balanced and diversified economy to ensure the future well-being of the citizens of Bakersfield as one of its most important priorities; and WHEREAS, the City has invested considerable time and effort to encourage a Bakersfield location for new and expanding businesses and industries and to ensure the economic vitality of commercial areas; and WHEREAS, the Kern Economic Development Corporation (KEDC) maintains a regional marketing and promotional, effort to attract the location and expansion of businesses and industries in all of the co~mrnunities within Kern County; and WHEREAS, the state of California, Department of Commerce (State) has designated tb.e KEDC as its regional contact and referral point for businesses and industries that contact the State while seeking a location for new or expanded facilities; and WHEREAS, the City and the Corporation desire to formalize their understanding of the contribution each party is to make' and the activities each party is to undertake in this effort and to establish procedures that will insure participation, cooperation and benefits in this effort; NOW, THEREFORE, IT IS MUTUALLY AGREED between CITY and CORPORATION as follows: 1. Statement of Purpose J A. The Corporation represents the public and private sectors c6ncerned .with developing, diversifying and thereby strengthening the economy of Kern County. (1) The City shall support and assist the Corporation in its undertaking of. an aggressive outreach program. 2. The Kern Economic Development Corporation The Corporation is a non-profit, mutual benefit corporation organized for the purpose of attracting new business and industry. ~o Kern County, to assist in the retention of existing industry and businesses currently located in Kern County, to maintain a comprehensive data base to be used in attracting industry, and to support 'the development of a skilled and experienced labor force and educational programs to assure a source of talent fo~ industry. A. Activities and Duties. To accomplish its purposes, the Corpora, tion shall: (1) Initiate and maintain an integrated development program for-Kern County, its cities and communities, aimed at attracting new businesses to diversify Kern County's economic base through target marketing to prosPeCtiVe users; (2) Encourage and provide a supportive climate for economic growth and the conduct of business and industry by facilitating compliance with government regulations at all levels by streamlining procedures for permitting and other processes, where possible; (3) Actively seek out desirable businesses and industries looking 'to expand or relocate and assist them in locating in Kern County (see Exhibit "A" Description Of, Specific Services To Be Provided); (4) Make every effort to reach and to assist existing businesses and industries located within Kern County with their expansion plans; (5) Impartially serve all communities within Kern County; (6) Maintain a solid and continuing base of support from the County, the City, and supporting agencies and organizations to maximize the Corporation's effectiveness; (7) Advocate and facilitate the cooperative effortsfbetween the private and public sectors; (8) Promote and assist in the development of community support facilities which enhance the desirability of Kern County and its communities; (9) Make efficient and effective use of the resources supplied 4 by the County and the City; (10) Solicit funding from private sources in support of the Corporation and its activities; (11) Act as liaison With the California Department of Commerce; (12) Organize and manage special projects that promote the economic interests of Kern County. (13) With the assistance of City and local real estate brOkers, continue to inventory industrial and commercial buildings and sites available, for sale or lease, and include them in a computerized data base to be managed bY the Corporation as described within the Cooperative Real Estate PolicY developed by the Corporation. The Corporation will update the inventory of available sites and buildings and immediately upon notification by individual property representatives. The Corporation Will conduct a total update of this inventory quarterly through a mailing to property representatives. The Corporation will continue to maintain a liaison with listing agents and property owners representing industrial and commercial properties in Kern County. (14) When the prospective business or industry has made the decision to locate within the Bakersfield City Limits the KEDC will notify the staff of the Economic & Community Development Department of Bakersfield. The KEDC shall encourage the prospective business or industry to Work directly with the City staff on any details relating to the project in the City of Bakersfield. The KEDC will remain involved and continue to assist the company throughout the location/relocation process. B. Board of Directors. The eleven member Board of Directors of the Corporation shall consist of: (1) One member appointed by the City Council of the City of Bakersfield; (2) One member appointed by the Board of Supervisors of the County of Kern; (3) One member appointed by the Board of Trade; (4) Two members appointed by the Kern County Association of Cities; and · (5) Six members representing the private sector. C. Annual Funding. The Corporation shall operate on a fiscal year, commencing July 1 and ending June 30. The Corporation shall obtain ~ and make available no less than $100,000 annually from private sources to provide funding to Undertake its activities. Annually on or before June 1, the Corporation shall furnish to City written evidence that such sum is or will b'e ~vailable prior to October 1 of the upcoming fiscal year for 'Corporation's use. ~ D.. Annual BUdget and Program Activities. AnnUally on or before June 1, the Corvoration shall prepare its budget and a program of activities to be undertaken in furtherance of its purposes and cooperative activities for the upcoming fiscal year and submit the same to the City for review and approval as t° their respective contributions to the Corporation's activities. 3. City of Bakersfield The City shall provide the Corporation $50,000 annually; such sum shall be deposited with the Corporation on or before August 1, 1992. Any further or additional support from the City shall be subject to approval of the City Council of City. A. City staff will provide required follow-up services to prospective businesses upon request by the Corporation. Services may include financial assistance, assignment of an ombudsman during the permit process, relocation assistance, provision of employee placement and training services, and provision of specific community data and information required by the business during their site selection process. B. The City shall assist the Corporation, when requested, with prospect meetings and tours. C. When a prospective business or industry has made the decision to locate within the Bakersfield City Limits, the City staff, when requested by KEDC and the prospective business or industry, shall work directly with the company to facilitate the location/relocation process. The City staff shall inform the KEDC of the status of these projects on a regular basis. D. The City will cooperate with the Corporation and other organizations to develop and implement a retention program to call major out-of-county headquarters of local employers. E. City will maintain confidentiality regarding all specific prospect information provided by the Corporation until public release is authorized by the Corporation. 4. Term of Agreement A. This Agreement shall remain in full force and effect from July 1, 1992 through June 30, 1993, unless otherwise modified or terminated as provided herein. B. The parties shall review annually on or before May 1 the results of the efforts undertaken pursuant to this agreement and determine whether it is feasible and beneficial for both parties to continue this joint ~greement. 5. Parties' Liability Each party shall be liable only for its own debts, lial~ilities, and obligations. No party shall be liable in any way for the debts, liabilities, and obligations of any other party. City shall be liable only for its employees and damages arising from their acts. Corporation shall be .liable only for its own employees and damages arising from their acts. Except as explicitly provided for by this agreement, no debt, liability, or obligation of any one party to this agreement shall constitute the debt, liability.or obligation of any other party to this agreement. Each of the parties to this agreement shall indemnify and hold harmless the other parties to this agreement for any damages, costs, attOrney's fees, or liabilities arising out of the acts or omissions of its own officers,.agents, and employees. 6. Severability Should any part, term, portion, ,or provision of this Agreement be finally decided to be in conflict with any law of the United States or of the State of California, or otherwise be unenforceable or ineffectual, the validity of the remaining parts, terms, portion or provisions shall be deemed severable and shall not be affected thereby, provided such remaining p~rtions or'provisions can be construed in substance to constitute the agreement which the parties intended to enter into in the first instance. 7. Notices Any notices, provided for in this Agreement shall be deemed properly delivered if personally served upon the City Clerk of the City or if sent via the United States Postal Service, postage prepaid, and addressed as follows: If directed to the City: Economic and Community Development Department C/O City Clerk of City of Bakersfield 1501 Truxtun Avenue Bakersfield, California 93301 If directed to CorpOration: Kern Economic Development Corporation 2101 Oak Street Bakersfield, California 93301 8. Assignment This Agreement shall not be assigned by City or Corporation, either in whole or in part, without th:e written consent of the City of Bakersfield and thc, Corporation. 9. This agreement contains the entire agreement between the parties and supersedes all other oral or written representations. This contract may be modified only in writing approved by the City. Council and signed by all parties. l0 IN WITNESS THEREOF, CITY and CORPORATION through their respective authorized officers have caused this Agreement to be effective on the day and year first above written. "CITY" CITY OF BAKERSFIELD By, CLARENCE E. MEDDERS Mayor' APPROVED AS TO FORM: APPROVED AS TO CONTENT: LARRY M. LUNARDINI ECONOMIC AND COMMUNITY City Attorney D EVE LO P M ENT ' By, By. ALLEN M. SHAW JOHN F. WAGER, JR. Deputy City Attorney Director COUNTERSIGNED- By, GREGORY J. KLIMKO Finance Director "CORPORATION" KERN ECONOMIC DEVELOPMENT CORPORATION By, RAYBURN S. DEZEMBER Chairman of the Board 11 EXHIBIT 'A' DESCRIPTION OF SPECIFIC SERVICES TO BE PROVIDED KEDC shall contact and provide information on Kern County to a minimum of eighty (80) prospects per year. KEDC shall attend and represent Kern County at a minimum of two target industry trade shows per year. KEDC shall plan, coordinate and conduct a direct mail campaign directed towards key executives of targeted industries. The types of industries are: Food Processing, Light Manufacturing, Warehouse/Distribution and Back Office. MEMORANDUM "WE CARE" 22 July 1992 TO: Dale Hawley, City Manager FROM: S.D. Johnson, Fire Chief SUBJECT: Weed Abatement Please find attached a memo outlining our current and recommended procedures for weed abatement. Item #7 is not currently being enforced, but is our recommendation to include this as part of the process. I believe this should answer some of the concerns of Councilman McDermott. SDJ:trs 7:WEEDS MEMORANDUM "WE CARE" July 22, 1992 TO: Chief Johnson FROM: Tony DeMarco, Inspector, Fire Safety Control SUBJECT: Weed Abatement Procedures for Vacant Lots and Vacant Structures The following procedures are used by the Fire Safety Control Division of .the Bakersfield Fire Department for weed abatement: 1. ' Upon receiving a complaint of a vacant lot with weeds, trash, debris or vacant unsecured buildings, or finding those conditions, the Fire Safety Control Division researches the tax assessment roll for proof of ownership. 2. After proof of ownership has been made, a Fire Ordinance Violation Notice is sent. The amount of time given to the property owner to correct the violation is. three weeks (21 days). 3. After 21 days, an inspection of the property is made to determine if the owner is in compliance. 4. If the lot is not in compliance, a second notice giving the property owner two weeks (14 days) to comply is issued. A reinspectiOn fee of $130.00 is also issued (pursuant to section 3.70 of the Bakersfield Municipal Code). 5. If the lot is not cleaned after the second notice, the property owner is issued a misdemeanor citation and the problem is taken before the Council for approval of abatement. 6. After Council approval, the lot is abated using work release labor. The costs incurred are put together in an assessment report for Council approval. 7. An administrative fee for Fire Department costs is also added. See purpose and justification sheet. Page 2 Purpose and Justification of CoSts Weed abatement (S-50) (after reinspection through abatement) HRS. REQ Personnel Cost (381) Inspector $17.51 5.0 $87.55 (35% Benefits)' Purpose and justification for inspector costs 1. Processing and Gathering of data a) Administrative Report b) Resolution c) Declaration d) Signature Page e) Exhibits f) Photographs g) Parcel Maps 2. Administration report requires the approval and recommendations of several people. a) Supervisor, Captain Embry has to approve and make recommendations. b) Fire Chief Johnson has to make final approval. c) The City Attorney has to review the report for recommendation and approval. d) Once the report is approved the packet is given to the clerk's office. 3. Posting of the lots. a) Each of the lots requiring Council approval has to be posted (Sec. 8 of B.M.C.) 4. Processing work order to Parks Department for cleanup. a) Work crew request. b) Meeting with Park supervisor. 1) To show what's required. 2) Determine property lines if needed. 5. Make final inspection of abated lot. a) To make sure the Fire HaZard has been removed. b) To make sure the Public Nuisance has been removed. Page 3 Purpose and Justification of other personnel HRS. REQD PERSONNEL COST (381) Captain $33.62 0.5 $16.81 a) Makes Recommendations. b) Approves report. HRS. REQD PERSONNEL COST (381) Clerk Steno $13.79 2.0 $ 27.58 1. Processes Report into Computer a) Administrative RePort, b) Resolution. c) Declaration. d) Signature Page. e) Exhibits. 2. Receives and directs any calls related to report. · HRS. REQD. Personnel Cost (361) Acct. Clerk II $15.95 1.0 $15.95 a) Computing costs incurred b) Processing cost incurred Vehicle $1.35 per hour x 4 hours = $5.40 per service unit Buildin,q Occupancy $3.14 per hour x 5 hours = $15.70 '~ Personnel Costs $147.89 Vehicle Costs 5.40 Operating Costs 15.70 $168.99 Overhead 12% 14.30 $183.29 Page 4 WEED ABATEMENT (S-50) Personnel (Base Salary + 33% Fringe) Up to & including reinspection. REQUIRED PERSONNEL Position Hr. Waqe Hours Cost (381) Inspector $17.51 4.0 $ 70.04 (381) Captain $33.62 0.5 $16.81 (381) Clerk-Steno II $13.79 0.5 $ 6.90 (361) Acct. Clerk II $15.95 0.5 $ 7.98 $101.73 Vehicle $1.35 per hour x 4 hours = $ 5.40 per service unit Building, Occupancy and Equipment Charge (381) $3.14 x 5 hours = $15.70 , Personnel $101.73 Vehicle 5.40 Opp. Cost 15.70 $122.83 Overhead 12% 14.30 $137.13