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Home My WebLink About12/21/2012OFFICE OF THE CITY MANAGER Decerr TO: Honorable Mayor and City Council FROM: Alan Tandy, City Manager AT/�'�'' SUBJECT: Generallnformation e� � � c �� • � �Z1'�.St1'IZ�ZS �c City Hall will be closed Monday, December 24f" and Tuesday, Decei 25t" in observance of the Christmas holiday. We regret that the contE this memorandum is what it is during the holiday season! Miscellaneous News • As you are aware, the City has filed a tort claim with the Count unilateral action taken by the County and the Auditor-Controlle reductions in property tax allocations for previously completed annE filing is a required procedure prior to the City being able to move � litigation on this issue. The dispute at hand is complex; but, in short multi-million dollar reduction to City General Fund finances througr property tax adjustments and future allocations made unjustly by the the Auditor-Controller. A news release with additional background ir attached. • Unfortunately, the State Department of Finance has denied the City' nearly $28 million of various former redevelopment obligations originally rejected in October. This decision results in a$17 million irr General Fund over a 10-year period for bond payments on the Arenc items that were denied included funds previously earmarked for pr� 19th Street near Central Park, the 20th Street senior housina broiE GenE Dec� remainder of the standing denials, we are going through an internal I but in the meantime, we must remit - under protest - approximately or face significant penalties under State law. • The Metro Bakersfield Animal Control Committee met this week tc proactive programs underway, by both the City and County, to amount of animals that enter the animal shelter each year. The di� included an update from staff regarding the identification of cost: sheltering services, in an effort to develop a cost sharing agreement k City and the County. Enclosed are slides which County staff presE meeting in response to questions previously posed by City staff. Th� much different view of reality, which will require us to fully evaluate o� providing this service, to ultimately ensure the option which best serv taxpayers is identified. • The 2012 Bakersfield Police Awards Ceremony took place Congratulations are in order to the following employees: o Civilian Employee of the Year - Lab Technician Jeff Cecil o Dispatcher of the Year - Dispatcher II Brandy Watts o Officer of the Year - Officer Paul Bender o Co-Detective of the Year - Detective Rick Dossey o Co-Detective of the Year - Detective Todd Brown o Medal of Valor - Officer Jesse Perez and Officer Brady Barber • Due to the upcoming holidays, refuse and recycling schedules will be one day during the next two weeks for City residents. Additionally, sites available in the various parts of the City to dispose of Christmas ti release from the Public Works Department is attached with detailed ir • Make plans to attend the annual Polar Bear Plunge on Tuesday, Jan at 1 1 a.m. at McMurtrey Aquatic Center. The cost is $5 to make the commemorative sweatshirts will be on sale as well! TRIP News � Motorists are advised to anticipate intermittent traffic stops on R between Stockdale Highway and Johnson Road starting this week GenE Dec� Event Information ✓ Kaiser Permanente Healthy Eating Event December 24th; 8 a.m. to 12 p.m. Central Park Free to the public ✓ Bakersfield Condors Hockey December 27th & 2gth at 7 p.m. Rabobank Arena Tickets: $1 1-$25 ✓ Winter Wonderland Fridays and Saturdays until Christmas: 6:00 p.m. - 10:00 p.m. Christmas Eve: 12:00 p.m. - 4:00 p.m. San Joaquin Hospital Ice Sports Center Reports For your information, we enclose the following: • Streets Division work schedule for the week of December 24, • The Kern River Basin Snowpack Accumulation Report; and • A letter from AT&T regarding changes to its U-verse programming. AT:ch cc: Department Heads Roberta Gafford, Cifiy Clerk � F A IC E I� S F I E L D City Manager's Office MEDIA ANNOUNCEMENT FOR IMMEDIATE RELEASE CONTACT: Rhonda Smil December 20, 2012 Asst. to the ( (661) 326-37; The City of Bakersfield regretfully announces the necessity to file litigation agains of Kern and the Kern County Auditor-Controller. The City fully understands that this course of action will not be received favo taxpayers in either jurisdiction. However, having exhausted all other effor unfortunately, is left with no other recourse. The necessity to file litigation against the County and the Auditor-Controller is ir the following actions: • The Auditor-Controller has informed the City that she has taken unilateral c behest of the County, to reverse all tax sharing agreements approved by County for properties that were annexed to the City from 2005 to the K action will result in a significant lowering of property tax revenues to Bakersfield. • The Auditor-Controller has also informed the City of her intention to witr million dollars in City property tax revenue, beginning in March 2013, unc that the City retroactively owes the County money. The City believes thE Auditor are both improper and illegal. The County's actions will result in major financial impact to the City's revenues, on and long term basis. The County intends to simply take 40�0 of the City's current a revenue from 36 square miles of territory that was annexed to the City and is n� City services. Their "grab" will have a future value of tens of millions of do significantly reduce the City's revenue. The City cannot provide needed c expected services with any respectable proficiency under such a drastic i revenue. The Auditor-Controller has only recently advised the City that the reductions h already been processed, and will be reflected in the City's December 2012 tax di� City of Bakersfield - Media Announcement December 20, 2012 Page 2 To state it simply, not only has the County, unilaterally, made a decision that v massive "hit" to City revenues, they have done so without any legally mandate notice or public meeting process. ACKGROUND The City realizes that some basic explanatory background needs to be provided t understanding of this complex issue: When a property is annexed to the City, State law requires that the City and agree on how taxes are to be split before the annexation is finalized and appr Local Agency Formation Commission, or LAFCo. According to City records, there have been approximately 180 such tax splits and since 1995. Each tax split starts with the County Auditor-Controller prepar computations, which are sent to the City, and the County. Later, the Kern C Administrative Officer (CAO) writes a memo to the County Board of recommending approval of the tax split, and the Board votes in open public sE approval. It is a process that has been in effect since 1995. Those 180 public approvals, with the involvement and approval of the Audit County Administrative Officer, and County Board of Supervisors, have now bE through an administrative action, with no advance public disclosure, notification t open public session discussion and vote. The City believes the County Auditc actions are being undertaken both improperly and illegally. The City also wants the public to know why the County believes they have a rec they are doing. Their explanation to the City is that it was an "error" (which woul mean the Kern County Board of Supervisors, County Administrative Officer, � Controller have committed the same error in all 180 annexations over the past � What has actually happened is that relatively new County officials have rE sentence in a 16-year-old agreement and have decided to redefine it, to their � financial advantage. Further, they have communicated to the City that they a produce any documentation to substantiate their new interpretation of t Agreement that has been in effect since 1992. The City believes the aforementioned "error" is, essentially, the County's attempt t will translate into a revenue grab of unprecedented proportions. To date, attempts to discuss the matter with the County have been unsuccessful. Unfor County has left the City with no other available options, other than the filing of litic City of Bakersfield - Media Announcement December 20, 2012 Page 3 The City has engaged in sincere efforts to engage the County and the Auditor reasonable dialogue to try to resolve the tax split issue. City staff and elected c held meetings with County staff and elected officials, and the City also re attorney, George Martin, to attempt to explain to County officials that their inter are without any legal basis. Finally, most recently, there was a mediation E disappointingly, was not successful. It is also worth noting that the County has also decided not to honor a separatE contract with the City pertaining to the Fire Fund. In summary, County staff h� withheld a payment of $190,000, again through their unilateral redefinition of co and has verbally challenged nearly $500,000 in additional payments to the protection. This action has a parallel time frame to the property tax split issue another significant long term threat to City revenues by the County. In conclusion, the City does not wish to enter into litigation with the County or Controller. It is very disappointing that significant time and resources have be� continue to be directed toward this effort. However, it is the City's obligatio revenue which justly belongs to the City and is critical to providing services to re� City. E:�6�6� R n t t x r it 1 espo ses o a paye equ y ques O Question: The Animal Control cost sharing dis� does not include a credit to the City as residE the City pay pro perty taxes to the Co un ty for services. What is the County's position on thi� statement? O Residents of unincorporated areas throughout k County are already subsidizing the services beir consumed by the City of Bakersfield's residents. OCounty is not mandated to provide Animal Cor Shelter services to City of Bakersfield residents R n t t x r i t t� espo ses o a paye equ y ques O Qvestion: The city managerstated that indirect costs shovld be excluded from the cost sharing agreement. What is the County's position? O All costs associated with the animal shelter shou be identified and equitably shared O As a contractor to the City, the County expects be compensated for the full cost of services R n t t x r it t espo ses o a paye equ y ques O Q: Are the development impact agreements the Covnty has with develop� including Animal Control shelter costs? O Yes but not currently collected O As an aside, development impact Agreements are for capital costs only and not for operation� costs. � F A IC E I� S F I E L D Public Works Department Raul Rojas - Public Works Director PRESS RELEASE FOR IMMEDIATE RELEASE Contact: Luda Fishman Wednesday, December 19, 2012 Business Manag (661) 326-3114 During the weeks of Christmas and New Year holidays, all trash and rec service in Bakersfield will be delayed by one day following the holiday. ThE be no pick up on Christmas Day, Tuesday, December 25, 2012 or New ' Day, January 1, 2013. Tuesday collection services will be on WednE Wednesday collections will be on Thursday. Thursday collections will Friday. Friday collections will be on Saturday. The Mt Vernon Green Waste Facility will be closed on Christmas Day, Dec� 25t", reopening again Wednesday, December 26t", at 7am. They will al closed on Tuesday January 1 St, 2013, reopening again on Wednesday, J� 2, 2013. Please recycle your Christmas tree at the Mt. Vernon Green ' Facility. Remove all ornaments, bulbs, lights, and plastic or metal stands Green Waste Facility is located 2 miles south of Highway 58 on So. Mt � Avenue. Christmas trees may also be placed in your green waste container by cuttii tree down to fit inside the container. The tree must allow the lid to completely. All ornaments, bulbs, lights, plastic and metal stands m� removed from the tree. Those items may be placed in the tan trash contain Cardboard boxes may be recycled at one of the following recycling sites: Bakersfield College Tevis Jr. High Lowell Park Thorner Elementary School Calvary Bible Church Westchester Recycling CSUB (near the Gymnasium) Bakersfield Christian High Sch Fairfax School Liberty Christian Center The City of Bakersfield Solid Waste Division wishes residents a very happy safe Holiday Season! City of Bakersfield • Public Works Department • 1501 Truxtun Aven Bakersfield, California • 93301 (661) 326-3724 • Fax (661) 852-2120 Paqe 1 of 2 STREETS DIVISION — WORK SCHEDULE Week of Dec. 24, 2012 — Dec. 28, 2012 Resurfacinq/Reconstructinq streets in the following areas: Grind & Pave on So Chester Ave between Wilson Rd & Union Ave city area only (we� Miscellaneous Streets Division projects: Start Demolition of swimming pools at Siemon & Planz parks (if all permits in place) Video inspection of City owned Sewer & Storm lines to evaluate condition of pipes Miscellaneous concrete repairs throughout the city Crack Sealing on Olive Dr., Calloway, Hageman, and Coffee (weather permitting) Leaf collection has started, crews will be cycling the city starting in north east and wo south west part of town. Repairing curb & gutter at various bus stops on major streets THIS SPACE INTENTIONALLY LEFT BLANK Paqe 2 of 2 STREETS SWEEPING SCHEDULE Monday, December 24, 2012 No sweeping service due to Holiday. Tuesday, December 25, 2012 No sweeping service due to Holiday. Wednesday, December 26, 2012 City areas between Snow Rd. & Rosedale Hwy. — Jewetta Ave., west to the City limit. Between Ming Ave. & So. Laurelglen Blvd. — Coffee Rd. & EI Portal / Laurelglen Blvd Thursday, December 27, 2012 Between Snow Rd. & Olive Dr. — Jewetta Ave., east to the canal boundary. Between Olive Dr. & Hageman Rd. — Jewetta Ave. & Calloway Dr. Between Niles St. & Sumner St. — Union Avenue & Beale Ave. Between Sumner St. & E. Truxtun Ave. — Beale Ave. & Brown St. Between Brundage Ln. & E. Belle Terrace St. — Union Ave. & Kincaid St. Between Camino Media & Kroll Wy. — Coffee Rd., west to the PG&E easement. Friday, December 28, 2012 Between Etchart Rd. & Pavilion Dr. -- Calloway Dr., west to the canal boundary. Between Norris Rd. & Olive Dr. — Calloway Dr. & Coffee Rd. Between Olive Dr. & Noriega Rd. — Calloway Dr. & Verdugo Ln. City areas between Coffee Rd./Riverlakes ext. & Allen Rd. — Hageman Rd. & Roseda City areas between Pacheco Rd. & Harris Rd. — Stine Rd. & Wible Rd. NOTE: If raining, there will be no street sweeping service and all street cleaning pers assigned to cleaning plugged drains and part circle culverts. This also applies when a 50.0 45.0 �i 1 35.0 -1 - .�. L 3�.0 t) C G �.. a�i 2�J.� � c 0 U � � 20.0 3 15.0 10.0 5.0 KERN RIVER BASIN SNOWPACK ACCUMULATION EIGHT SENSOR INDEX December 19, 2012 � , � � � � � , � � � � , � � � � � � _-- - _ _ --- r__ . ._. ---- ; - � , � � � � � � � � � � , � � � � � � _ _. i - _ _ i -- _ __ - -- I _ _ ; ; 1982-1983 ; ; ; 332°�o A-J ; ----- � � , _ —..._ __- � __ _ _ � - —....�_ � , � � � � � � � � � � � � � � � _.._ _ __! � , � - � ---__ __ -- --_ _ ' � , � � � i � i i � � � � i � � i �_. _ _----- _ _-- � _ _ _ � � _... ; - --- � , I.... __ _ 1_..____...... _.__.....-- � - � � � -- � � � � � � � � � � , � , � � � ---------_ ,___ . L'--. . .. . _---- . ...._ .... � � � � .____. .. � � 1 2012-2013 ; � � , 2008-200y� � , ..__.. . � � � � � � � � � R � f�4°„ A-J; � � A � � � � � � � � -r _ _ i � i � � � - ,'-- -_ _ _- , � � � � � � � � � � � � � -._ �_ _--- � � � � � --_ _. � � � � .••��. � � � � i i i � � _ _--- � ___ _ _ --- �. _ � � � � � � � 1 I I 2011-2012 i i 38% A-J � �� _ __ , � � � , _..__.._--____ , Readings of Water Content are in Inches..... Previous Year April-July Runoff = 38 % of Average KERN RIVER BASIN SNOW SENSOR FORECAST MODEL DATE: 19-Dec 2012 SNOW SENSOR SITE Upper Tyndall Crabtree Chagoopa Creek Meadow Plateau Pascoe Wet Tunnel Casa Meadow Guard Vieja Elevation (feet) 11,400 10,700 10,300 9,150 8,950 8,900 8, Actual Water Content This Date 2.8 3.7 5.1 4.8 5.7 2.8 Normal Water Content This Date 7.4 5.3 5.9 6.6 8.1 4.2 % of Normal Water Content This Date 38% 71 % 87% 72% 71 % 67% � April 1 Average Water Content 27.7 19.8 21.8 24.9 30.3 15.6 : % of April 1 Average Water Content 10% 19% 23% 19% 19% 18% 1 1) 2) 3-Gage Precipitation Index For this Date 3-Gage Precipitation Index Normal For this Date 3-Gage Precipitation Index in % of Normal Percentage Into Snowpack Accumulation Season Estimated April-July Runoff into Isabella Reservoir = 10.57 inches = 15.70 inches = 67% = 28% = 324,071 acre-feet at&t December 12, 2012 City Manager Alan Tandy City of Bakersfield 1600 Truxtun Avenue BAKERSFIELD, CA 93301 Dear City Manager Tandy, AT&T l�versE AT&T's contracts with programmers for the content displayed on our U-verse TV� service periodically � but are usually re-negotiated or extended with no interruption or change for our U-verse members. Contracts for the programming listed below are set to expire as indicated, and AT&T is making every e reach a fair agreement to continue carriage. However, if a reasonable agreement cannot be reached v such programmers, we will no longer have the rights to carry their programming on U-verse N. While the programming listed below will continue to be available to U-verse members so long as AT&1 rights to carry it, if a reasonable agreement cannot be reached with the prog�ammer the programmin� no longer be available at that time. December 2012: As previously noticed, AT&T's contract with the programmer for the following channels is set to expire While the following channels will continue to be available to U-verse members so long as AT&T has thi to carry them, AT&T may modify the channel location for the programming by moving some or all of tl following channels from their current channel location to a channel between 9501-9599, and if a reasc longer term agreement cannot be reached with the programmer, we may lose the rights to carry the following channels (listed in alphabetical order) on U-verse N in December 2012: SStarMAX (channel and 1840 in HD), ActionMAX (channel 836 and 1836 in HD), ActionMAX West (channel 837 and 1837 ir ATMAX (channel 846 and 1846 in HD), Cinemax (channel 832 and 1832 in HD), Cinemax West (channel and 1833 in HD), Halogen (channel 1492 in HD), HBO Comedy (channel 810 and 1810 in HD), HBO Com West (channel 811 and 1811 in HD), HBO (channel 802 and 1802 in HD), HBO Family (channel 806 and in HD), HBO Family West (channel 807 and 1807 in HD), HBO Latino (channel 814 and 1814 in HD), HB Latino West (channel 815 and 1815 in HD), HBO Signature (channel 808 and 1808 in HD), HBO Signatui (channel 809 and 1809 in HD), HBO West (channel 803 and 1803 in HD), HBO Zone (channel 812 and 1 HD), HBO Zone West (channel 813 and 1813 in HD), H602 (channel 804 and 1804 in HD), HB02 West (channel 805 and 1805 in HD), MoreMax (channel 834 and 1834 in HD), MoreMAX West (channe) 835 1835 in HD), OuterMAX (channel 844 and 1844 in HD),ThrillerMAX (channel 838and 1838 in HD), Thrill West (channel 839 and 1839 in HD) and WMAX (channel 842 and 1842 in HD). Also as previously noticed, AT&T's contract with the programmer for SportsTime Ohio (channel 735 an January 2013: As previously noticed, AT&T's contract with the programmer for the fol!�wing channels is set to expir the following channels will continuE� to be available to U-verse members so long as AT&T has the righ carry them, AT&T may modify thE� channel location for the programmin� by moving some or all of thE following channels from their current channel location to a channel between 9501— 9599, and if a reasonable longer term agreement cannot be reached with the programrner, we may lose the rights � the following channels (listed in alphabetical order) on U-verse N in January 2013: AXS TV (previousl as HD Net, channel 1106), HITN (channel 3055), ION (channel 195), ION l �fe (channel 468), and Qubo (channel 328, 3061). As well as the following local channels: In the Los Angeles area, KPXN (channel 30 and 1030 in HD); In the Sacramento area, KSPX (channel 29 and 1029 in HD); In the San Francisco area, KKPX (ch��nnel 65 and 1065 in HD). Effective January 24, 2013, Estrella (channel 3024) will be removed from the following areas: Los Ang and San Diego, CA. February 2013: AT&T's contract with the programmer for the following channels is set to expire. While the following channels will continue to be available to U-verse members so long as AT&T has the rights to carry thE AT&T may modify the channel location for the programming by moving some or all of the following c from their current channel location to a channel between 9501-9599, and if a reasonable long term c be reached with the programmer, we may lose the rights to carry the following channels (listed in alphabetical order) on U-verse TV in February 2013: Estrella (channel 3024), GMA Pinoy (channel 36� America (channel 3643), Mega TV (cf�annel 3008), TV Espanola (channel 3029), NBe (channel 3638), (channel 3664) and Zee N(channel 3702). Effective February, SportsNet New York (channel 704 and 1704 in HD), SportsNet New York Alt (chan and 1705 in HDj and YES Network (cl�annel 702 and 1702 in HD) will be removed from the Sports Pac addition, SportsNet New York HD (channe) 1704) and YES Network HD (channel 1702) will be added t HD Premium Tier (this may eliminate the channel from the U400 and U450 N packages in impacted markets). Customers will be provided with written notification of the above: customer bills include a message r them to the Legal Notices in USA Toc;ay on the first and third Tuesday of E�:3ch month, and to the AT& website www.att.com/U-versepro� min�chan�es, for information on programming changes. If you have any questions, please contact your local AT&T External Affairs rnanager, Eric Johnson on 559.454.3602. Sincerely, �t..i_ n�./--