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