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HomeMy WebLinkAbout02/15/2008� B A K E R S F I E L D Ci�y Manager's Uffice Memorandunl Februa TO: Honorable M or and City Council FROM: Alan Tand , Ci y Manager SUBJECT: General information 1. A memo from the Finance Director which discusses the impacts of Assessor's preliminary calculations regarding expected assessed valuatic for the 2008-09 tax year is enclosed for your information. 2. All of the City departments (Human Resources, City Attorney, EDCD, Rec Parks) that have moved to City Hall North are very happy. The next areas ready in the spring are two conference/meeting rooms located on thE There is still no word on when the Borton, Petrini firm will move — the Cit Clerk, Risk and Finance will remain here at 1501 Truxtun until that oc� have a contractual right to stay until December 31 St of this year. 3. Enclosed is an invitation to attend the groundbreaking ceremony for the : 99/Seventh Standard Rd. Interchange to be held on Friday, February 22"' This is the second project to begin construction under TRIP. Retired Cc William M. Thomas and Congressman Kevin McCarthy are scheduled to p the event, along with representatives from Kern County, Caltrans and t Bakersfield and Shafter. 4. Construction of the Fairfax Road Interchange continues and Fairfax Ro� SR-178 to Valley View Drive, will close to traffic for approximately t beginning February 25th. A Commuter Alert and detour map are enclosed. 5. An update on Mill Creek — Last week and this week, the focus has been o improvements along 21 St Street. Most of the new curb and gutter has bee� both sides of 21 St Street and the intersection improvements at 21 St and "R" done. This includes the new catch basins, storm drain, sidewalk, wheelc anr�l r�a�iamant 1/1/P �niill cnnn hPnin wnrkinty nn thP nP�fP�trian rr��sinas_ Honorable Mayor and City Council February 15, 2008 Page 2 6. The Korean War Veterans Memorial at Jastro Park received some up� week including a flagpole, lighting and some granite benches. All upgi furnished by the Korean Veterans, and the result is fantastic. 7. The bike path beaver has moved elsewhere naturally. There has been n� that the beaver is still in the vicinity of the bike path between Calloway Dri� Park at River Walk. Efforts to trap and re-locate the beaver were stalled Fish and Game Department having to approve the new site and find a complete the relocation. While staff was diligently finding a solution, decided he no longer liked it there anyway. To confirm staff's theory, we � the temporary fencing from some of the trees and eventually all the fen� removed. 8. The Streets Division work schedule for the week of February 18th is enclos� 9. Responses to Council requests are enclosed, as follows: Vice-Mayor Hanson • Response to letter submitted by Mr. Turnipseed on behalf of Kern Tax. AT:rs:rk cc: Department Heads Pamela McCarthy, City Clerk Roberta Gafford, Assistant City Clerk MEMORANDUM TO: Alan Tandy, City Manager FROM: Neison K. Smith, Finance Director /�� DATE: February 7, 2008 SUBJECT: Property Tax Estimates for FY 2008-09 The County Assessors office has made some preliminary calculation expected assessed valuation amounts for the 2008-09 tax year. They beliew the significant decline in development activity combined with the large residents requesting their properties. be re-assessed (thus lowering th valuation) the City of Bakersfield should plan for zero growth in property tax i the 2008-09 fiscal year. The projections are preliminary as the County As; not produce official assessed values until July of each year. However, give best information available at this time, we are suggesting that we plan accc Assessors best estimate as we proceed into our budget cycle. This lack of revenue growth not only impacts our property tax revenues; impacts our Vehicle License Fee {VLF) backfill amounts, as the annual incrE VLF backfill are based on the growth of property tax revenues. The City's property tax revenues have historically grown by about 7% per yea last couple of years have exceeded this growth rate, we initiatly expected tt drop back to "normal". Given the input from the County Assessor, we will be flat "zero growth� situation for FY 2008-09. If assessed value growth had lev historic 7% growth rate the City would have been looking at an additional $� property tax revenues and an additional $1.8 million in VLF backfill reve unfortunate situation will negatively impact our General Fund budget proc� loss ( or non-growth ) of these monies that would normally cover cost of livir and inflation of noRnal operating costs. Again, these are "best estimates at this point in time". Things could get befi �'"�_ 1L_ �__1 l_._. �__�1L_ lAl_ "__11 __._i__"_ 1_ �__�_i_� __"_.�"� 1.��.��I� tt�.� The Kern County Board of Supervisors cordially invites you to attend the State Route 99/Seventh Standard Rd. Interchange Groundbreaking Ceremony Friday, February 22, 2Q08 11:00 a. m. Speakers: Welcome & introductions: Supervisor Michael Rubio (Chairman, Board ofSupervisors) First District Supervisor Jon McQuiston Congressman Kevin McCarthy The Honorable William M. Thomas Caltrans District 6 Director Malcolm Dougherty Bakersfield Mayor Harvey Hall Shafter Mayor Cathy Prout Directions From north: Head south on Seventh Standard Road, turn Standard Road, turn left at Inc turn left into Carquest parking ceremony parking area from ( From south: Head north on Highway 65 north, turn left at dard Road, turn right at Indus left into Carquest parking lot, Thomas Roads Improvement Program 900 Truxtun Avenue, Suite 200, Bakersfield, California 93301 Telephone: (661) 326-3700 • Fax: (661) 852-2195 February 14, 2008 Commuter Alert SR-178 at Fairfax Road Interchange Project Fairfax Road Closure T�omaa Ma�a I coNaQk Please advise your staff and other interested persons that Fairfax Road, south of � (SR)-178 to Valley View Drive, will close to traffic on February 25, 2008. The necessary for continued construction of the SR-178 at Fairfax Road Interchange an effect for approximately two months. Motorists traveling south of the highway on Fairfax Road will need to use alternat� enter and exit SR-178. Detour map to follow. There are no other traffic restrictions on SR-178 at this time. Fairfax Road, north of � remain open during this phase of construction. Motorists traveling through the project area should slow down and watch for personnel and equipment entering and leaving the site. Slow for the Cone Zone. For additional information, contact Janet Wheeler at (661) 326-3491 or visit our bakersfieldfreeways. us. ��� �I � l=� : �J V �� �� Y , � : ' �' fY � T � — � � '- � � � 4 � YYS� ti1v n I� a 1' G �� :g r«x..es V �y. ' c ? gJ � � r � � ti z _ ? 'i. �Y _. m � ? ,r,' ' I I ! 1 ai G 7 0 P� � ._. :�, .z_ � �fs - 'v Q ���" f, y ^.� _ , •i � � C. 'If-'1 >> _ ^ J . u v .J �Q;_' i ^! ..^ V �' ^!� � ' ��'t� pC 'i) r j�'__� z :_ ..�.. � `����� � .. � i=«�r= = t, .. O i i 7. .:; � i ' a� . :: �J M:+ ' • . "'y� �' it_�.� i a � i t.. . � `"� �' • _ > V . i � �.�� �T � . . [ �,. , - a_.�� i .1 � � L ...i.M� �.r . . e . �-.� ' + i r _ .. ... . � ry��i� ,r. .. ..r�"•`. � �:�.�� .:' : "t"M.� .� t . � q` "Q°'�''n'v i � q,t . � "v./ � t.^.Ar, G � ' _ � ^ � § �.��,• •J i '�.1fi , • �ct .. t n� _ - - ' .. ��s. � ,-� � «baw{; lJ7la:.� .�.1-• ' 1 A. � • .I� �r IL � "� � l� � �. 1 7 J .. 4 rJ'Ya' ! 4 �= L � , �y re � rG I T, t ',�£ � -•�.. ; � . . . c - _. � � =• .i ,� _. :. _ _ ''� � � - '�.�, � = r � . - c.M,� c�� '.� ' F '�Y �,4` , �' � ^ , , , . :, a,. - - p ;A„ ..�,. C�, i� �� . s •—. . Paqe 1 of 2 STREETS DIVISION — WORK SCHEDULE WEEK OF FEBRUARY 18 — FEBRUARY 22, 2008 Resurfacinc�/Reconstructing streets in the followinq areas: No street reconstruction projects this week. Miscellaneous Streets Division prolects: Installing curb and gutters in the area between California Avenue and E. Avenue, Baker Street to Williams Street (CDBG FUNDED PROJECT). Working on the Mill Creek Project. Working on the Sewer Project at Fire Station #5. Working on the Aera Park Project. Replacing broken brick and tiles at the Centennial Plaza. Working on the median island installation project on Calloway Drive, north of R� Highway Paqe 2 of 2 STREET SWEEPING SCHEDULE Mondav, Februarv 18, 2008 HOLIDAY - NO STREET SWEEPING Tuesdav, February 19, 2008 Between Wilson Road and Stine Road, Ming Avenue to White Lane. Between District Boulevard and Panama Lane, Gosford Road to Ashe Ashe Road and Stine Road, Panama Lane, north to the railroad tracks. Cul-de-sac befinreen Manley Court and Chris Court, north of Angela Wa� Wednesday, February 20, 2008 Between White Lane and Panama Lane, Buena Vista Road to Old River Between Old River Road and Gosford Road, White Lane to Pacheco Rc Befinreen College Avenue and Willis Avenue, Morning Drive to Park Driv� Thursdav, February 21, 2008 Between Stockdale Highway and White Lane, Gosford Road to Ashe Rc Between Ming Avenue and White Lane, Ashe Road to Wilson Road. Friday, Februarv 22, 2008 Area between Hageman Road & Meacham Road, Old Farm Road & Cal Area between Calloway Drive & Coffee Road, Norris Road, Granite Fall; Alfred Harrell Highway from !78 Highway to the north City Limit. Miramonte Drive from 178 Highway to the south City Limit. Area on the north side of 178 Highway, east of Valley Street. ### MEMORANDUM CITY ATTORNEY February 13, 2008 TO: HONORABLE MAYOR AND CITY COUNCIL , `'` . `� v FROM: VIRGINIA GENNARO, CITY ATTORNEY_' ~. ��. ROBERT M. SHERFY, DEPUTY CITY ATT�ORNEY SUBJECT: RESPONSE TO KERN TAX LETTER COUNCIL REFERRAL NO. 1871 � �_ i Vice-Mayor Hanson requested staff prepare a written response to the letter subm Mr. Turnipseed on behalf of Kern Tax. The following responses are offered to the questions posed in Mr. Ti correspondence of January 16, 2008: 1. What has the City spent to date on the revised Hillside Ordinance, staff time for creation, inside legal counsel, outside legal counsE other related expenses? This is a difficult question to answer since staff did not and does not keep track of tr an issue by issue basis. Suffice it to say that there has been a substantial amount c devoted to the Hillside Ordinance since 2003. Staff does not believe legal fees we for outside legal counsel relative to the adoption of the Hillside Ordinance; if so, nominal. 2. What will be the true cost to the taxpayers for an EIR on the revisE Ordinance? Planning estimates the cost of the consultant to prepare an EIR wilt be $175,000 to exclusive of staff time. 3. Why should taxpayers support an EIR for an ordinance which appar not improve public safety? Mayor and City Council Council Referral 1871 February 13, 2008 Page 2 In addition, the ordinance allows the city to require application information such � plans, slope erosion control/revegetation plans, geotechnical reports and geolc important to development in hillside areas. These reports, provided early with dE applications, can once again save taxpayers money because they result in design hazards and constraints in the initial stages and reduce the need to react to circum they evolve during the development process or after homes are built. The Hillside Ordinance places a great emphasis on revegetating disturbed areas wit plant selections and fire retardant erosion control techniques which can save taxpa� by preventing wildfires or slowing the spread of wildfires and preventing or reducii The landscaping to be maintained by the city under the Hillside Ordinance calls natural application of native plants which require less maintenance than other part where exotic species are maintained in a manicured appearance. This will also sav� money. 4. Why should taxpayers support an EIR which is essentially about "view sheds" targeted mainly in one project area? The current Ge does not mention "view shed" designations (mostly along Mornin As reflected in the answer above, the Hillside Ordinance is more than just a pr "viewsheds." It addresses slope protection, drainage, fire, landscaping, and view� In terms of the viewshed, the Hillside Ordinance focuses on various locations northeast Bakersfield. The Hillside Ordinance is consistent with the General Plan. (Open Space Element) of the General Plan (see attached) provides "[T]he aesthe open space areas and the impact of development on public viewsheds should be c� In addition, the General Plan provides as part of its policy as follows: "Developm� lines within the planning area should consider natural topographic constraints." AI; development should exhibit sensitivity and be complementary to the natural tc Finally, "[T]he City of Bakersfield will pursue preservation of open space within thE Bakersfield Open Space Area (NBOSA)." of the Citv Mayor and City Council Council Referral 1871 February 13, 2008 Page 3 6. Is it possible that the City will have to pay for the plaintiffs' atto� because it lost the CEQA case? In order to obtain attorneys' fees in a CEQA case, the party requesting them m� enforced an important public right, 2) show that the right must affect the general large number of people, and 3) show that the litigation imposed a financial burden � that was out of proportion to their individual stake in the matter. The City Attorney b plaintiffs will have a difficult time proving these elements, especially the third sincE that plaintiffs pursued the matter only to advance their own economic benefit (i.e. ability to build more lots). 7. How much is that [attorneys' fees] estimated to be? Unknown at this time. 8. Isn't the City involved in another legal action regarding the retroact Hillside Ordinance? How much has the City spent on that litigatio Yes. The City has been sued in three lawsuits by various entities—all having plaintiff known as DKS Investments, LLC. The first lawsuit was against the City ai Morning Drive and the bike path. The second lawsuit was brought by DKS and Cai against the City involving the EIR for the Hillside Ordinance. The third lawsuit w attempt by Canyons to avoid the Hillside Ordinance. However, the Superior Court City's favor and Canyons has appealed the matter to the 5th District Court of A� combined legal fees for the CEQA action and the third action filed against the Cit� the City to date $55,426.84. 9. Shouldn't all litigation costs be included in the total costs of this or� the City? Litigation costs relative to all cases that involve the Hillside Ordinance—yes. Ho�n costs should be offset by attorneys' fees that the City collects if it prevails on lawsuits, as well as whatever "benefits" the City believes is important for having 1 Ordinance. Mayor and City Council Council Referral 1871 February 13, 2008 Page 4 11. Have you estimated future litigation costs from this point forward Staff will be asking the City Council to approve an amendment to the legal fees cor amount of $35,000 to handle the matter through trial which is scheduled on Februa 12.If the City loses that case, may the City have to pay for the plain fees? If this question refers to the first lawsuit, the plaintiffs have requested attorneys' fees the plaintiffs admitted in their depositions that they have not paid attorney fee: Holding has paid the attorney fees. Accordingly, the City does not see how the pl make a successful argument for attorney fees — and this assumes that plaintiffs � 13. How much do you estimate that to be? Unknown at this time. 14.Is it fiscally responsible to spend any more taxpayer dollar Ordinance? From the City Attorney's perspective, it is important that the City defend itself an policy that was unanimously approved by the City Council, unless directed otherv� VG/RMS:Isc Attachment cc: Alan Tandy, City Manager S:ICOUNCIL\Referrals\07-08 ReferralslHanson.KernTax.doc CHAPTER VI - OPEN SPACE ELEMENT STATUTORY REQUIREMENTS State planning law requires jurisdictions to prepare a plan for the long range conserv preservation of open space (Government Code Section 65302(e)). As defined by 1 open space should include lands for: (a) the preservation of natural resources; (b) the managed production of resources; (c) outdoor recreation; and (d) public health and safety (Government Code Section 65560(b)). Under this broad definition, open space is encompassed in several General Plan including Land Use, Conservation, Parks and Safety. To minimize repetition this Op� Element will deal with those open space amenities not covered in these other elements A. OPEN SPACE ELEMENT OVERVIEW OF EXISTING CONDITIQNS AND ISSUES There are approximately 100,237 acres of agriculture/open space in the planning < graph on page II-1 of the Land Use Element), representing over 57.76 percent of the use acreage. The majority of this open space is devoted to agricultural uses, consistir row and tree crops, and to large tracts of land devoted to oil explorations. Non-farm ar open space occurs predominately in the floodplain areas along the Kern River, v floodplain areas occurring west of Allen Road; in the steeper hillside areas east of C Drive; and along Alfred Harrell Highway. The Kern River Plan Element establishes policies aimed at protecting what is thought area's greatest natural resource, the Kern River. Due to both the size and extent of River within the study area, the river offers the highest potential for the provision o� open space opportunities. OPEN SPACE ISSUES The planning area lacks a cohesive system of open space amenities, with many of t major amenities including the Kern River, bluffs and foothills being under-utilized as op reso u rces. The aesthetic value of open space areas and the impact of development on public should be considered. CHAPTER VI — OPEN SPACE ELEMENT GOALS AND POLICIES The following presents the goals and policies for open space in the plann Implementing programs are contained in the following subsection. At the end of eact listed in parenthesis a code beginning with the letter "I" followed by a number. This c< to the pertinent implementing program. GOALS 1. 2. 3. 4. 5. 6. POLICIES Goals will be guide actions. 1. Conserve and enhance the unique aspects of open space within the area. Create an integrated system of open space amenities in the planning ar� Locate and site development to minimize the disruption of open space Acquire new lands for open space. Create 20 major tree-covered corridors that connect to and include the N River Parkway, safe bikepaths and GET bus routes. Create a greenbelt corridor along the Kern River with increased re� opportunities. achieved through the following policies which set more specific direc Promote the establishment, maintenance and protection of the planni� open space resources, including the following (I-1) (I-2) (I-3): a) b) Conservation of naturai resources (refer to Chapter II-Land Use V-Conservation, and Chapter XII Kern River Plan Element). Kern River corridor Management of hillsides Managed production of resources CHAPTER VI — OPEN SPACE ELEMENT c) Outdoor recreation • Parks (refer to Chapter XI-Parks) • Kern River corridor (refer to Chapter II-Land Use, C Conservation, and Chapter XII-Kern River Plan Element) d) Public health and safety • Hazard avoidance (refer to Chapter VIII-Safety) 2. Development of ridge lines within the planning area should consid� topographic constraints (I-2). 3. Hillside development should exhibit sensitivity and be complement� natural topography (I-2). 4. Require the use of grading techniques in hillside areas that preserve natural topography and ridge lines (I-2). 5. Development location and siting should be sensitive to its relationship River (I-3). 6. Development on or adjacent to bluff areas should complement th topographic integrity of such areas (I-2). 7. Consider the use of groundwater recharge lands for recreation, h� alternate resource uses (I-4). 8. Consider reuse of abandoned landfill areas for recreational and op purposes where it can be shown that the landfill does not present a hea (I-5). 9. Encourage depleted resource extraction sites to be restored as altern� space or developed with uses compatible with those adjacent (I-5). 10. Create a master plan for greater Bakersfield for greenbelts, water elen landscape corridors. (I-6) 11. Create an Ad Hoc Tree Advisory Committee to develop a tree ordi CHAPTER VI — OPEN SPACE ELEMENT 13. The intended usage of the NBOSA includes open space, parks, trails habitat and recreational uses. (I-7) (I-8) 14. Develop a land use and trails plan (Specific Plan) for the NBOSA. (I-8} 15. Encourage the establishment of public neighborhood parks in or adjac NBOSA as subdivisions are approved. (I-8) 16. Establish linkages between NBOSA and adopted trail systems. (I-8) (I-� 17. Support the estabiishment of an area for off road vehicle use. Poter include, but are not limited to, property adjacent to the Bena land fill adjacent to Round Mountain Road, and areas adjacent to Breckenrid east of Comanche Road. (I-11) 18. Establish open space/trail linkages from the NBOSA to public and qu facilities such as CALM, Hart Park, soccer park, Lake Ming and the K Corridor. (I-7) (I-8) 19. In the review of site specific development plans, encourage acc proposed development adjacent to the NBOSA to provide public acces space and trails. (I-9) 20. Where possibie, and with the cooperation of wildlife agencies, utilize Me Bakersfield Habitat Conservation Plan (MBHCP) resources to expa habitat preserves with the NBOSA. (I-7) {I-10) IMPLEMENTATION The following are programs to be carried out by the City of Bakersfield and County c implement the goals and policies of the Open Space Element. This listing is not tc scope of implementation of this plan. State law requires that planning agencies re� various methods of implementation of the general ptan as part of their on-going duties. 1. Implement the programs identified in the Land Use, Parks, Soils and and Hazards sections of the General Plan. 2. Hillside Management Ordinance for the City of Bakersfield development in areas of excessive slope in northeast Bakersfield. Kern CHAPTER VI — OPEN SPACE ELEMENT 4. Agencies involved in groundwater recharge projects should coorc appropriate to achieve multiple use of recharge areas where feasibie. 5. Where appropriate, rezone abandoned landfill areas and resource � sites to allow open space or development uses complementary compatible with surrounding uses. 6. Develop and adopt plans and ordinances as appropriate to greenbe elements, landscape corridors and urban forest policies. 7. With cooperation of private landowners, utilize all resources and pro expand/create an open space amenity within the NBQSA area. R include but are not limited to: Metropolitan Bakersfield Habitat Conserv� (MBHCP) resources; public and private grants; land exchanges with pr public landowners; land in-lieu program; development right � conservation easements; dedication of open space within NBOSA for ir reduction; and community fund-raising. 8. Pursue the: a. Adoption of a land use plan (Specific Plan) depicting various rec open space parks, tra+ls, parking lots, etc. b. Adoption of trail system for the NBOSA which links the pro, together. c. Creation of neighborho�d parks adjacent to the NBOSA. 9. Review development plans for the purpose of providing access or linkages to the N BQSA. 10. Work with Federal and State wildlife agencies, through the MBHCP Tru. to enlarge existing preserve areas and provide for limited trail interpretive programs within preserve areas so long as the integrii preserve can be protected. 11. Work with ORV users, Kern County, State and Federal agencies to identifying financial resources and property which could be made ava ORV use.