HomeMy WebLinkAbout10/27/95
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BAKERSFIELD
MEMORANDUM
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October 27, 1995
TO: HONORABLE ~VOR AND CITY COUNCIL ~
FROM: ALAN TANDY, CITY MANAGER
SUBJECT: GENERAL INFORMATION
1. We are working on a prime industrial prospect which would employ about
220, and we know we are financially behind in the offers of some other
Kern County communities. That is, in part, because of the Enterprise Zone
being available elsewhere and, in part, due to free land being available
elsewhere. We are trying to up our offer of block grant money in order to
be competitive. ¡
2. It i s my understandi ng that proposed compromi ses on the Central Park I
feeding program and its conflict with the senior citizens services and the
museum have fallen through and are no longer in the offing. My
understanding is that Council may wish to consider an ordinance which
would impose fees for repeated events in public parks which impact other
areas and services. It is also my understanding that we should be moving
out some of the picnic facilities which are in the vicinity of the senior
center and museum which are no longer used for compatible purposes.
Normal community usage of those facilities, other than this feeding
program, have virtually disappeared in large part due to the feeding
program and the clientele it brings in. If you don1t want us to proceed
in this direction, please let me know right away.
3. The new Administrative Assistant, or Andrea's replacement, will be an
individual named Rhonda Smiley. She has considerable experience in the
private sector with Castle & Cooke and The Californian. She will start
towards the end of November.
4. The Insurance Committee met again this week on the retiree medical issue.
Once again, the session was not terribly productive and did not bring
about a resolution. We will continue to work towards a resolution, but
this one still carries the potential for controversy.
5. We met with several property owners in Old Stockdale this week regarding
annexation. We asked for their advice on how to work with the neighbors,
what issues they perceive, and who the supporters and opponents might be
and the like. They were very helpful to us. We are working on some
specific components of an action plan along that line.
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6. A strong congratulations and thanks to Lee Andersen and the Convention
Center staff for the hockey related improvements. The owner is already
working on advertising and other issues to perk up attendance.
7. It's good news from the gas flair operation and gas probe readings at the
old landfill on Panorama. Please see the enclosed memo from Public Works
on that subject.
8. Quarterly sales tax information along with a summary of it from Greg
Klimko is enclosed. The first quarter actual increase slightly exceed
budget projections.
9. A memo on the Legislative and Litigation Committee discussion on a
IIprivatizationli Charter amendment is enclosed.
10. Communications are enclosed which include a letter to the Director of the
County Roads Department on problem intersections we share; a status report
on the construction loan for the new water storage facility; a letter from
Castle & Cooke indicating that the split-off from Dole will not impact
them or their operation here; information from the Governor's Office on
prevailing wage law modifications; a report on acquisition of properties
for the parking lot; a status report on funding for State Route 58; and a
memo from the Pub 1 i c Works Di rector on a call he recei ved from Kenko
Company regarding the sewer line repair.
11. As you probably know from the media, we had to close down the Cas a Royale
in its entirety due to serious life safety issues this week.
12. The Operating Engineers strike is not yet finished. There are rumors of
it finishing next Monday, but as of this date, we do not have confirmation
of that.
13. There has been some fl i p-fl oppi ng around on the proposed site for the
northeast ballpark. Whether it would come from Mr. Nickle or the Collins
family has been on-again, off-again. Apparently, Nickle is now out and
the Collins are in. We still do not have specifics. Someone contacted a
State Legislator who has called a meeting on what CalTrans would do with
traffic. That is really putting the cart before the horse.
14. We met with the County staff on the stadium this week. They are rewording
the 1 anguage on possi b 1 e ballot measures. We are hopi ng our Urban
Development Committee can meet with their committee next Wednesday, but
that is subject to their confirmation as of now.
15. Enclosed is a response to a referral regarding the Hughes Pacheco Sewer
Project.
AT:rg
cc: Department Heads
Carol Williams
Trudy Slater
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B A K E R 5 F I E L D
PUBLIC WORKS DEPARTMENT
MEMORANDUM
TO: ALAN TANDY, CITY MANAGER
FROM: RAUL ROJAS, PUBLIC WORKS DIRECTOR &.þr ß tAllt~/:r 5
DA TE: OCTOBER 27,1995
SUBJECT: LANDFILL UPDATE
This is to provide an update on several topics related to the old landfill.
LANDFILL GAS - The new system is drawing very large amounts of gas out of the
landfill and properly flaring it. A few "new system" bugs are being worked out. The
gas probe readings in the bluffs have improved very much.
SOIL WORK - Per a request from the State, we will cover some small areas of
exposed ash on top of the bluffs beginning this week.
CLOSURE PLAN - We have not received an answer from the County regarding the
City taking over project administration with the "lead agency responsibility" which the
County wanted us to assume. County staff has indicated that we "should have an
answer in about two weeks".
Metcalf and Eddy, the consultant for the closure plan, has written the County asking
for $27,000 additional funding for work done "outside the scope" and for $63,000 in
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MEMORANDUM
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OCTOBER 27, 1995
TO: ALAN TANDY, CITY MANAGER Æ
FROM: G~GO~ J. KLI~O, FIN~C IRECTO~~
SUBJECT: SALES AND USE TAX
Sales and Use Tax represent approximately 37% of the City's General
Fund Budgeted Revenue. Regular Sales & Use Tax Revenue to the City
for the first three months of 1995-96 is 4.9% above the comparable
period for the prior year. This is higher than the 3.0% increase
estimated in the 1995-96 Budget. A cautionary note, the 1994-95
first three months reflected a 7.8% increase over the same period
for 1993-94 but the cumulative increase slowed through the year and
finalized at 4.2% for 1994-95 over 1993-94.
The Sales and Use Tax receipts spreadsheet for the last 12 quarters
reflects a 5.5% increase for the 2nd Quarter 1995 over the 2nd
Quarter 1994. This reflects significant increases in the car
dealers and building materials categories in addition to a
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B A K E R 5 F I E L D
MEMORANDUM
October 23, 1995
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TO: ALAN TANDY, CITY MANAGER ¡:; (
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FROM: TRUDY SLATER, ADMINI STRATIVE ANALYST I I I ~ '
SUBJECT: LEGISLATIVE AND LITIGATION COMMITTEE MEETING
At its meeting of October 19,1995, the Legislative and Litigation
Committee asked that staff report back to Council what had occurred
in committee regarding the Charter Amendment Ballot Measures.
The Committee reviewed language on three Charter ballot measures
which had been passed by Council at its October 11 meeting. The
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intersection, being in the County. This intersection meets traffic signal warrants and
is on our priority list for funding. The location is currently number 13 out of 26
warranted intersections on our priority list. We re-evaluate our list prior to
submitting our Capital Improvements Projects list each year. A significant amount
of road paving on the northwest corner will be required to build the signal. Total
cost is estimated to be about $150,000. The County's participation in the project is
desired.
Palm Avenue at jewetta Avenue
The southwest corner is in the City limits with the remainder in the County. The
concern at this intersection is truck parking and the narrow streets. Please
investigate what can be done.
Calloway Drive between Palm Avenue and Rosedale Highway (SR 58)
Though this segment is not an intersection, the problem affects both City and County
traffic. With the crossing of Calloway over the Kern River and connecting to Old
River Road, we expect a flood of traffic from the southwest to the northwest, using
Calloway Drive. At the meeting, you mentioned a plan to widen Calloway in this ~
area. I would appreciate a copy of the concept plan or plans for our files, when they
are available. Please continue to keep the City informed on your progress.
The above intersections and road sections were all the ones mentioned at the committee
meeting. I will notify you of others as I am made aware of them. Thank you for your
participation in the meeting. If I can be of assistance on these, or other, intersections where
we share responsibility, please contact me.
Very truly yours,
Raul Rojas
Public Works Director
by: Stephen L. Walker
Traffic Engineer
cc: Alan Tandy, City Manager
Bruce Deeter, CE III - Traffic
Jacques LaRochelle, Design Engineer
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IE5An~JE[P¿SIFil IE ILIQ) C A L I FOR N I A
DEPARTMENT OF WATER RESOURCES
GENE BOGART. Manager
FLORN CORE. Water Resources Director
PATRICK E. HAUPTMAN. Superintendent 326-3006
STEVE IAFOND. Forecasting and Records 326-3007
MAURICE RANDALL, Business Manager 326-3704
KERN RIVER DISPATCHER 326-3716 -
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October 20, 1995
Dan Otis
Department of Water Resources
Division of Local Assistance
P. O. Box 94236
Sacramento, CA 94236-0001
RE: Local Water Supply Construction Loan Under the Water Conservation Bond Law of 1988
Dear Mr. Otis:
Enclosed please find a copy of the Public Meeting Notice advertising the Public Hearing to be held
at the City of Bakersfield, City Council meeting on Wednesday, November 29, 1995 at 7:00 PM. The public
hearing will be combined in our regular City Council meeting held in the CITY HALL - COUNCIL
CHAMBERS AT 1501 TRUXTUN AVENUE, BAKERSFIELD, CA 93301.
The City of Bakersfield domestic water system rate payers and the general public will have an
opportunity to comment on the financing of the project at that time or in writing prior to the hearing.
As required by law, proper notice of the public hearing will be given to the news media and posted
for the public at least 15 calendar days prior to the hearing. The City of Bakersfield is hereby notifying the
State Department of Water Resources of the scheduled public meeting at least thirty calendar days before the
meeting. Should you need additional information relative to this project please contact me at (805) 326-3715.
Very truly yours,
GENE BOGART
Water Resources Manager
By ~~ ~
Maurice Randall
Business Manager
MR:sr
Enclosure
cc: Sarah Richey, Dept. of Water Resources, Sacramento
Rich Haberman, Office of Drinking Water, Fresno
Alan Daniel, Assistant City Attorney, Bakersfield
C:RANDALL-L TR;ST A TE- DWR;HEARING
1000 BUENA VISTA ROAD . BAKERSFIELD. CALIFORNIA 93311 . (805) 326.3715
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NOTICE TO CUSTOMERS
OF THE
CITY OF BAKERSFIELD
DOMESTIC WATER SYSTEM
OF PUBLIC MEETING TO BE HELD
Date: November 29, 1995
Location: City Hall - City Council Chambers
1501 Truxtun Avenue
Bakersfield, CA 93301
Time: 7:00 P.M.
Subject: Water Regulation/Storage ReseIVoir "AgriculturallDomestic Water Interface" Project
Funded under the California Water ConseIVation Bond Law of 1988
This project is designed to optimize the management of the City's water supplies and enable the City
to distribute the stored water from the "2800 Acres" in the City Domestic Water Service area to
provide excellent quality water, reduce groundwater overdraft and help stabilize future water rates.
The water conseIVation aspects of the project will result in lower energy and pump tax costs for
groundwater pumping and reduce the number of additional water wells required in future years.
The total project cost is estimated to be four million fifty thousand dollars. Three million of the
estimated cost will come from a construction loan from the State of California and the remaining
estimated one million fifty thousand will be funded by the City of Bakersfield.
The City is receiving a $3,000,000 local water supply construction loan under the Water ConseIVation
Bond Law of 1988 from the State of California. Debt payments will be due semi-annually with an
annual payment amount of approximately $324,000. The loan is to be repaid over a 15 year period
at a 6.1 % annual interest rate.
Public comment regarding the proposed project and loan will be accepted at the above time
scheduled for public hearing, or in writing, on or before the hearing date indicated above at the
office of the City Clerk, 1501 Truxtun Avenue, Bakersfield, CA 93301.
Information on the project is available for review at the City's Water Resources Department at 1000
Buena Vista Road, Bakersfield, CA 93311.
Any person challenging in court the decision made at the conclusion of such public hearing may be
limited to raising only those issues raised at such hearing or in correspondence delivered to the City
of Bakersfield prior to the close of such hearing.
C:PUBU c. MEETING. NOT! CE. LOAN
Castle & Cooke
HOMES, INe.
Bruce Freeman
Presidenl
October 19, 1995
Mr. Alan Tandy
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City of Bakersfield
1501 Truxtun Avenue
Bakersfield, CA 93301
Dear Mr. Tandy:
Given the number of inquiries we have received concerning the announcement
of Castle & Cooke's proposed split from Dole, I thought it best to send you a
I letter of clarification.
I For years, David Murdock has promised that he would split the real estate
operations of Dole (known as Castle & Cooke) from the food operations. The
two businesses do not mix well and the stock market has penalized Dole for this
fact. The announced split is, therefore, long overdue. Castle & Cooke will
become a completely separate public company with approximately one billion
dollars in real estate assets. David Murdock will remain chairman. Nothing of
significance will change. Our people and our operating strategy will not change.
Consequently, the effects of the split will remain "invisible" to the operations in
Bakersfield.
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If you have any questions that I have not addressed, please feel free to call.
Sincerely,
íj~~~
Bruce Freeman
President
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BF/mg eCT 2 3 1995
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10000 Ming Avenue (93311) . P.O. Box 11165 . Bakersfield, CA 93389 . (805) 664-6544 . FAX (805) 664-6030
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GOVERNOR'S OFFICE
October 17, 1995 I
TO: County Administtators
City Manager
Please Transmit to: Mayors an~ Counci1members & County Supervisors
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FROM: Carol White\i~ þ".L.
Director, In_t~'Vernmental Affairs
SUBJECT: PREY AILING WAGE LAWS
Prevailing Wage Laws have long been a matter of concern for California local
governments. At the Governor's direction, the Department of Industrial Relations has
proposed regulatory changes which will reduce some of the disparate impact of the
California laws and bring California into confonnance with the federal Davis Bacon Act
and 47 other states. The attached press release from the Depanment of Industrial Relations
explains the impact of the proposed regulatory changes. It is estimated that the proposed
changes can save state and local governments as much as $200 million a year.
Additional relief requires legislative action and is contained in AB 138 (Goldsmith), are still
under consideration.
Your comments on and suppon for these proposals are welcome. Please call at the
Department of Industrial Relations at (415) 972-8835, or me, at (916) 323-5446 if you
have questions or need more infonnation.
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GOVERNOR PETE WILSON. SACRAMENTO. CALIFORNIA 95814 . (916) 445-2841
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FOR IMMEDIATE RELEASE COJ\¡ïT ACT:
Thursday, October 12. 1995 John Duncan
IR# 95-22 (415) 972-8835
Internet: http:/ /www.dir.ca.gov Rick Rice
(714) 935-2812
DIR Issues Modified Prev+üi.ng Wage Regulations;
Historic Change W~l Save Taxpayers'
Money and Makes Prevailing Wa~ Reform in California a Reality
I
SAN FRANCISCO - In a historic rdonn to CalifoTIÚa's prevailing wage
requirements at the direction of Governor rete Wilson, the Department of
Industrial Relations (DIR) today proposed regulations reforming certain prevailing
wage requirement.c;. '
"In the interest of government efficiency, the Governor asked us to review
California's prevailmg wage requirements with an eye toward saving taxpayers'
money on both the state and local levels/' Director Lloyd W. Aubry, Jr. said. 'We
must face the fact that artificially inflated wage levels cost taxpayers money and
work against ,competition, Taxpayers have ;not been getting the best use of their
money, While most prevailing wage reforÌns would require legislation. the two
changes today can be accoJ!lplished througl:1 the regulatory process."
The state Labor Code requires that cåntractors on public works projects pay
workers the "prevailing wage" for a particular occupational classification in a
geographic area, usually a county. State law generally defines a public works pro;ect
as construcnor" alteration, demolition, rep~ir or maintenance work performed
under contract with a state or local agency ànd paid for in whole or in part by public
funds. , The project must have a value over: $1,000. Common types of public works
projects are school. highway, hospital, and ¡jail construction. Under the state
constitution, charter cities can exempt therraselves from prevailing wage
requirements when projects are funded entirely by municipal funds.
In his January budget message, the Governor requested that OIR review
existing prevailing wage requirements for any needed regulatory or legislative
changes, At that time, the Governor stateq, "The state must reconsider the
requirement that bidders pay prevailiI1g wage. Competition is about getting the best
-more-
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available serviœ at the low~t cost. ArtiñciaI barriers to competition¡ including
specified wage requirements, work against government efficiency and eliminate
otherwise qualified prov ider~ -- indudíng fI1IDority- and women-owned businesses
- from competing for state contracts."
Prevailing wage reform reducing costs to taxpayers is needed in California,
because the state's capital and infrastructu1'elneeds are so large while state and local
governments continue to face limited resources. In its most recent annuallO-year
forecast, the Department of Finance identifi~d $74.4 billion in projected needs.
These demands could increase at any time as a result of an earthquake or any other
natural disaster. I
The regulatory reforms make two changes;
. New method of calculating the prevailing wage. The new regulations
change the method for deterrnininig. the prevailing wage to a 50 percent or
weighted average from the pre~t modal method. The proposed method
is the same approach used by the ifederal government under the federal
Davis-Bacon Act. Under this method, the prevailing wage rate wil1 be the
single rate paid to a majority of workers or a weighted average of the rates
paid if there is no majority. This has been the federal rule since the early
1980' 5.
Tne repealeà moàai method inflated wages by causing wages to be
considered prevailing even it they were significantly higher than the
wages paid to a majority of workers in a locality. The modal approach
required that the most frequently occurring wage rate be considered
prevailing. This ~ethod often resulted in the wage rite under collective
bargaining agreements qualifying as the prevailing wage. These rates will
usually not be representative of the wages earned by a majority of workers
in many areas. UIÚon representation in construction has been declirúng
in California. According to the Bureau of National Affairs, only 25.4
percent of construction workers in California were unìonized in 1993.
Wlùle difficult to quantify, savings under this provision could approach
$200 nûlliO11. :
Other than Califonùa, only Minnesota and Wisconsin use the modal
method.
. Repeal of "double asterisk" provision triggering an automatic increase in
wage rates. Current prevailing wage regulations contain the
predetermined "double asterisk" provision. This rule requires that
prevailing wage rates must automatically increase when a collective
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bargaining agreement rate used as: the basis for the prevailing wage 0
determination contains an increas~. In addition to an automatic
e~calation of wages, the provision ¡has led to confusion for public agency
awarding bodies and contractors. Iln some cases, this provision has led to
changes Í1\ wage rates in the middJle of a project, Leaving contractors
uncertain as to the proper rate an~ sometimes subject to civil penalties for
paying a wage rate which was later revealed to be too low. In other cases,
the parties to the collective barga¡füng agreement have rescinded the
automatic increase, leaving the coftractor and, in effect, the taxpayers to
pay a rate which actually is highe, than the prevailing wage rate under the
. collective bargaining agreement u~ed as the basis for the determination.
! .
The refonn repeals the "double asterisk" requirement entirely. The
federal Davis-Bacon Act contains \no similar requirement. The California
Departm~"t of Transportation est:þtatesthat the elimination of the rule
will reduce labor costs by at least 1.6 percent on a project.
;
"No one should assume that these reforms are the only changes in the
prevailing wage law that we would like to accomplish/" Aubry said. "There are
other requirements that are outmoded and result in an inefficient use of tax dol1ars.
ThP Administration continues to support A:a 138 by Assemblyman Goldsmith to
make further changes that c¡umot be accomplished through the regulatory process:'
I
AB 138, sponsored by the Departmel1:t of L"ldustrial Relations/ is pending in
the Assembly Labor and Employment Committee. Most of the changes would
conform CalíforIÙa's prevailing wage requirements with the federal Davis-Bacon
Act. In addition to the two changes ordered by the Governor, AB 138 would:
. Require payment 'of prevailing wagcs on projects over $100,000 rather than
the current 51,000 threshold. In his 1993 reinventing government plan,
Vice President AI Gore proposed an identical threshold change in the
Da\"Ì.s-Bacon Act. The current DaVis-Bacon coverage threshold is $2,000.
. Limit prevailing wage coverage td workers directly employed on the
public works worksite. .
. Eliminate the inclusion of travel and subsistence payments to covered
workers under the prevailing wa~.
. Under specified conditions, authorize a local agency, by a majority vote of
its govenring board, to adopt a re$olutionexemptìng its public works
projects from prevailing wage requirements. Under the state constitution,
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~ charter cities cUIrently can exempt themselves from prevailing wage
requirements if a project is funded entirely by municipal funds.
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AB 138 enjoys broad support fr9m lo,al governments in California, including
the League of California Cities¡ the Associat+on of Califonúa Hospital Districts" the
California School Boards Association¡ and the Association of California Water
Agencies¡ and the Community College Leagjue. The CalifoIIÙa Taxpayers'
Association also supports AB 138. Despite support by local governments, AB 138
stalled on a 4-4 party line vote in the Assenibly Labor and Employment Committee.
Assemblyman Goldsmith has made the bill a two-year bill so that it will be
considered again when the Legislature retwfns from recess.
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Aubry added that these prevailing wage reforms must be kept in the proper
perspective. "This reforms simply are not ai wholesale attack on the prevailing wage
law;' he said. "What Califonúa actually is qoing is working to bring its own
prevailing wage requirements in line with the federal Davis-Bacon Act. These
changes are in the interest of taxpayers and ~ill not affect the quality of work. They
will save tax dollars at a time when Califo~a's infrastructure needs are great while
state and local governments face limited res¡ources to meet these needs. These
reasonable prevailing wage reforms will help us to make our tax dollars stretch
further while still maintaining a prevailing ¡wage in accordance with national
standards."
Reform of prevailing wage requirements has gained increasing focus on the
federal, state, and ]ocallevels. Comnúttees in both houses of Congress have
approved legislation repealing the Davis-Ba~on Act. Last spring, voters in the Town
of Trnckee overwhelmingly approved an irûtiative to incorporate the town as a
charter city in order to avoid prevailing wage requirements. Truckee estimated that
the charter city exemption will save $3.2 million over the next few years on a major
street repair project. In November, San Francisco voters will consider an initiative
to allow the San Francisco Board of Supervisors to suspend prevailing wage
requirements in some cases in which public! funds are used to provide job training
and work experience for disadvantaged youths. As a charter city, San Francisco can
decide to exempt itself or modify its prevail~ng wage requirements. .
, I
DIR has filed official notices of these regulatory changes with the Office of
Administrative Law (OAL) to open the fomj\al rule making process. This process
involves publishing new draft regulations fur public review and comment and
scheduling public hearings on the proposed regulations.
, I
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-,,- CALIFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS
Prevailing Wage Reform: Fact Sheet
I
I
Under the direction of Governor }Vilson, the Department of Industrial
Relations will be filing official notices of !regulatory changes with the Office of
Administrative Law (OAL) to open the formal rule making process. This
process involves publishing proposed regulations for public review and
comment and scheduling public hea.riI\gs.
I
The regulatory reforms direded by the Governor make two changes:
I
1. New method of calculating the prevailing wage. The new regulations
change the method tor determining the Frevailinf; wa~ to a 50 percent or
weighted average from the present modal method.
I
. While difficult to quantify I savings under this provision could approach
$200 million.
. Under this methoà, the prevailing wage rate will be the smgle rate paid to
a majority of workers or a weighted average of the rates paid if there is no
rare paid to a majority of the workers~
. The 50% or weighted average method is the same approach used by the
federa1 government under the federal Qavis-Bacon Act. This has ~ the
federal rule since the early 1980's.
. The repealed modal method inflated wages by causing wages to be
considered prevailing even if they were significantly higher than the
wages paid to a majority of workers ~ a locality.
. With the repeal of the modal method in California, OIÙY two other
s-tates use it - Minnesota and W~consín.
. The modal approach required that the most frequently occurring wage
rate be considered prevailing.: ,
. This method generally results in the wage rate under collective
bargaining agreements qualifying \as the prevailing wage, even though
union membership in the constru~ion industry in California was 25%
in 1993, a 38% decline since 1983. ¡
. These rates are probably not repreSentative of the wages earned by a
majority of workers in many areas.
.
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0 ='; CALIFORNIA DEPARTMENT OF INDUSTRIAL\RELA llONS
, J
~ Prevailing Wage Reform: Fact Sheet,. contintled
!
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2. Repeal of the "double asterisk" provision which triggers an automatic
increase in prevailing wage rates.
. The "double asterisk" rule requires that prevailing wage rates
automatically increase during the ter¡ft of a public works project when a
collective bargaining agreement rate \fsed as the basis for the preyailing
wage determi1ìation conta.inB an increase.
,
. In addition to an automatic escalatio~ of wages, the provision has led' to
confusion for public agency awarding¡ bodies and contractors.
. In some cases, this provision has led to changes in wage rates in the
middle of a project, leaving contractors uncertain as to the proper rate and
sometimes subject to civil penalties fdr paying a wage rate wmch later
proved Lo be Loo low. '
. In other cases, the parties to the collective bargaining agreement have
rescinded the automatic increase, leaving the contractor and, in effect, the
taxpayers to pay a rate which actually is higher than the prevailing wage
rate under the collective bargaining agreement used as the basis for the
determmation.
. The federal Davis-Bacon Act contains no "double asterisk" requirement.
. The California Department of Transportation estimates that the repeal
will reàuce labor COhrS by at least 1.6 percent on a project.
Further Reforms to the Prevailing Wage Laws Under Consideration
. AB 138, Uan Goldsmith) sponsored br the Department of Industrial
Relations and supported by Governor Wilson, would make further
chãnges. Most of the changes wouldiconform California's prevailing wage
requirements with the federal Davis-Bacon Act.
I
. DIR estimates that the provisions of JiB 138 would save state and local
taxpayers between $200 million and ~50 million a year.
,
. AB 138 enjoys broad support from l~al government; in California,
including the League of California Ci~es, the Association of California
Hospital Districts, the California School Boards Association, and the
Association of California Water Ag~cies, and the Community College
League. The Califomia Taxpayers' Association also supports AB 138.
I
-2- October 12, 1995
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< Prevailing Wage Reform; Fact Sheet,. continued -
,
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. AB 138 stalled on a 4-4 party line vote in the Assembly Labor and
Employment Committee in the Jast l~gisJative session. Assemblyman
Goldsmith has made the bill a twcryear bill so that it will be considered
again when the Legislature returns frbm recess.
I
I
. Reform of national pr~vailing wage làws has gained increasing focus in
Washington. Committees in both ho}tses of Congress have approved
legislation repealing the Davis-Bacon! Act.
. On the local level, last spring voters in the Town of Tmckee
overwhelmingly approved an initiatiye to incorporate the town as a
charter city in order to avoid preva.i.l.q:1.g wage requirements. Truckee
estimated that the charter city exemPition will save $3.2 IIÚllion over the
next few years on a major street repailr project.
I
I
. In a local urban environment, San Francisco voters will consider an
initiative in November to allow the San Francisco Board of Supervisors to
suspend prevailing wage requirements in some cases in which public
funds are used to provide job traiIúng and work experience for
disadvantó1gcd youths. As a charter city, San Franci&o can decide to
exempt itself or modify its prevailing wage requirements.
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-3- October 12,1995
TOTAL P. 08
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'> CALIFORN1.'\ DEPAKrI\'lENT Of INDUSTRIAL RELATIONe;
Pte~'ailing \Vag~ Reforll1: Qu('stions and Alls~ers
Question: How Citl1 p,m dL.\1lg~ "pr~v.lÌlil\~~ ",-age" Idws willlout let,i:.lcl~h'~ ~,(.'t1un?
Answcr: \VhU¿ legisbLve changes are p.efërdble.. there 1!'~ two things th:H C30 be
done to rei-arm the curr~nt system which do not require legislative actio!\. f'irst,
throagh regul.ltory rt?fcrm the method ot ('akulating the prevailhg w~ge can be
chClngt!d form the "ml)dal method" n,)w USE'd jn California to a 50% or "we:shted
average" whkh isculrently used by the (",d~ral go\'emment. SecoJ'ldly, C'.urr~nt
prevailing \<..'age regu1~tions cont.1in the so-called "double ,1st~risk" provision which
requires that some prevailing wage rates tllJtom,ltically Ü'CTea~e dm'ing the term of a
public works project. Th:s regulation wHl be n~pea1~ct.
Quötion: \,'hat rlre plevéliling wagl::'~?
Answer: Und~r both California law and the fed\:~ral D~vig.BJcon Act, w,ige'~ p~id by
(ontr.\Ctors to \"'Orkèrs on publk works proj~çts must be thos~'" which "prevc\il" for
each d¿¡s:iification or type of worker in the ar~J. Wh~h.~ tlt(. project is locatt.~d.
Question: \\'hat i-; a t)ublic worl,~ P¡'ojt.'«:t?
Answer; State la,..., generc111y ddint's a pt;Hic works projt?ct as construl..iion,
alte:-.itiol1, demolition, rt'pair or maintenò.nct.'. work pE~If(.)rn'\E.'d u1\d~r Cl.mtra~t \,,'ith
a state or local agf~n(y and paid for in who1~ (tr in parl with public funds \,..ith a
threshold projeèt value of $1.,000, Common types ()f pl!b1ic worb; ar~ sc'hool,
highway, hc~pital, anl.i jail construction, (UnJ~r the !;tate (,( l1stituriolt. chart\?r citic~;
may exempt themselves from prevailing wc1ge rt?"I'Jirements when proie(ts ar~
tlmded entirely by 10("n1 funds.)
Q'.I£stion: How are prev<¡iling wagfS d£tt'rmined?
A~\swer; , Califernia currently \l~es the "modal mdhøj." This reglùatory ch,mge
\\'111 r~qm:e the state to change fr(.')111 thE'. modalll1et:lod to th~; 50:::, <.')f "weighted
c1'\'«;!rage" ;.,,-hiLh i5 USf:d by th~ ft:'deral gov;::rnm('m. ~1odal means the lHo~t
frf!quent!y occurring rate
Cnd\\r the modal mt~thod, if tlK'r.! .He 10 iradðmen in a particular craÍl and
th~~e of them e.irn the ~ame hourly rate of pay while the If>.mai~ing 7 t!ach ~arr.
dlÍter~nt ~lourly r.\tes, then the "prf-vitiling" rate would he the hourly amount
eanlt.'d by tIlm'":' three 'workers, This sysh~m can extravaganll~' innate wage~ by
~"':~-~:"-':' l(':--J'? C'IF' - ::'T.'E':~L;:"'_' L*,~'/'-r ;: . .i..:'
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f'rt\'ailing W"~t: Ref(,..m: QlJestiol1s aDd Answers. continued
Glusi-:-,g them Lo be ù)m;,idered "l'Tí.>v.Ülin~" wher, th('y do th)t rt>f1"".'t the wage~ paid
to c~ lllltjority of \VørkeI ~ in a locality,
The 50(í:( or "T,'~'ejghted a\'er.:tgt,-!" mf,thod is t!\C s.lme c'ppro.;\C'h u~ed by th"
federal glwernment under the federal D~l\,'is.B.1C(\n Act. Under this method thE'
rr~\'~iling wage r.lte wiU b~ thë single I...te paid t~) d mc"1jol'ity of workers, or ;Ì
\\"dgl~tèd average of ratio"s paid if there is no rate pc'\;d to a majority of lhr~ wo;kers.
Question: \\7ho d~terrr.in('s hO\,,- much a rrcvéÜling wage :;houlè be?
Answer: The Director oi thè DepartnlCltt of Indu~lri Ü Rel,H¡ol\~/l)~~f-~d on dat,l
1,:o:11plltc.'d by n-t~ D~rdrt-ml'nt's Divis:oJl (If Lc1bor Sta.ti~t)c.:s and Rð~a¡-(h,
Question: Wh~t b the ",ioì.lble asleri~L" pro\'is:on?
Answer: Oft';!l th~ b~"..rly rate út }MY under a collecti\'~ bélrg':Ü1\ing agr~~ement is tht.>
bL\~~s br dí?t('rmining the prevailing Wdgt.~ rate in ð locality (e'.'cn tt\'J\~gh it m"y nut
lw ~he rate paid to a m¡1jority of worker~ d~]e tú use (If thl~ ll1c.dal l11ethodoiogy
J\:;~crib~d (\bo\'.~). If, during ,,\ proje:ct, t;1elC i::, .1 prt:detc-nnin,::.d l:h;mge ir. tbe
c,.lUt,:cfiv(' b.\rgahdng ëtgreement (CBA) I.tsed as th(' basis k.i the pn.'vailing w~~,:
JetE'l11ìir.dion which providt:;; 10r ~ hit~her hOlll'1y r,lt'!, Hit> prE'vaililìg rdtp mu~t
autvrnatically inl.7r~J.se M; \-:ell 1,)1\ that project. This i~ called lht.;: IIJf)l¡HI.~ ct~:teIÌ~1.."
provision b,;;caug~ ro<\t(>s which n~e pursuant to a provision in lhe CUA ,\r~ mar~~E'.d
\,'ilh jouùle c1sl~r¡sks ("") i1'\ tlw prevcu1ing wage detE'Œ1inatiolì. Tni~ obviously
leads to confll~ion among th.' g()v(>rnme1\~al bodi~:!s awardÌ1lg the (QIItJad~ and tl)
the (ontr~1ctür!' as well, and can al~o result in t.l~p;1yeTs pã}'ing d rilte \vhich ;h'tu,\lly
i~ higher thc1n the prev(1ilin~-; wage,
Under the reguJail."ITY reft;\rm pwposals. the d()uble a~~t(!risk 1.1T(,)Vi~iùn would
bt.> rcp~al~d. Thl;:re is no døuble asterisk pmvisinn fC'I' t('dcrc1~ projects nndt'r the
Da\'Îs- Bé1con Act. The initial 'vage r.He- is good lor the life of lht~ P!"L\jl~Ct.
Question: 15 there any pending l~g¡gl.)tion that addresses th(~ ,'UITt.'lÜ pre"c\iling
\".:\gé ,\ws?
Answer: AB 138 '~Goldsmith) ,"".15 introducer! in the 1..sl1egi~labve ~(,:a5sion. and
would ha\'e made ::oe\'eral import,mt :banges thclt would ha "c brullght California's
mort:> generous prev~iljng wage Jaws into confl.1rmity with ~ht'. ft3dt:-r.l) Oëlvis-BiJ(cn
Act. Unfortui1ately, this bill :;t;\lJc-,...! in coJ'!1mitteè on ct straight parry hne \'oh~, It ha~
smc~ been madt>. a t,,\-'o~y\:'.ar bm, ..tr.d negdi.itiOI1S for ib p,bsilge \,"m be pu.S1J~t.I
~ga;n nt-'xt s('s~iÜI\,
-2- October 12, 199:;
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'i CAUfOJ~~IA Drr Alt1ì\1E:-IT Of li\Dl:S f1U.\!.. ~\[l:\"C1C~S
Pre;\ áiLn¡; Wage Rl' 'MD1: Questiun~ ;¡nd An!\.n'r~, ('ùlltibU¡;d
Qu~stion: Do .~ny oth~r states u~e tIll"> modal rc,..::thod O\'c. ~he ,;Ú'i~- IJr '.vdghlt:'J
ò.\:eraJ~ method u::;e.:: by the h~,ierïd gl1\'",ml;h!1ìt?
Answer: Only ;vlj:mð,Jtä ~nd \"v¡~l.:HI:,ilì
Question: Why hitS this re~~ulatory .h:ÛOll not. bl.::~n I.¡ken ~o(JIH-'.r? The Governor hJ.:'
bl;'C'n in ofi'ice four and a hðU' Y~,:tr$,
Answl'c; For;'\ [w~b:r uf rca~(~ns. l11is issue is highly symbo!k for \'drious gn.'up"
ì.wo n:d it'. p'.JbH: '\"l.ìrk~ con$lntcti,)í¡. During tlw GoVf'riH'r'c, first term the
DepMtment \\'a~ ít.:t1vdy pnrs;.tit;g wor~crs' l\~mpen~ation réorm. Additionally,
thl:? r~!ea:;p cf 'Vi(i:! rrf-Sidl'nt Gor('t~ N;)ti,'nal J't'rf(Jrm.m.:-ë Rt~\'it'w :;uggesting
¡Hc.easing the D¿¿\'Í5-13ë\l'lm threshdld to 5lLlO,OnO HI~dt'. it clear :etl.'rm of pr~va!lit:g
W¿}~~ '.\..'\~ not i1 p.1rti~ an b6~C,
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MEMORANDUM
";'. 2 3 1995
October 20, 1995
TO: ALAN TANDY, City Manager
JUDY K. SKOUSEN, City Attorney
FROM: CARL HERNANDEZ III, Deputy City Attorney (:11
SUBJECT: Status of Acquisition of Properties - Feed Bin and
Recycling Center;
Demolition of Dangerous Building - Casa Royale Hotel
This memorandum will serve to update you on the status of the
above-mentioned matters.
FEED BIN PROPERTY
In mid-September of 1995, we were granted immediate possession
of the subject property. Shortly thereafter, we began the process
of attempting to remove the large quantities of personal property
which a tenant had placed on the premises from the time we
commenced the condemnation action until the date that the Order of
Immediate Possession became effective. At the outset, the tenant
was very cooperative in desiring to remove his personal property
from the premises. However, a few days after we began the process
of removing the property, the tenant was sentenced to serve several
months in the Kern County Jail.
As soon as we realized that the tenant would no longer be able
to assist us in removing his personal property, and for liability
purposes, we commenced proceedings with the Superior Court to
enforce its Order of Prejudgment Possession by way of Writ of
Possession.
We prepared the necessary documents, filed them with the court
and the court clerk then stated that no such process was necessary
and that the sheriff could enforce our Order for Immediate
Possession if presented with a certified copy of the Order for
Immediate Possession. We attempted to have the Kern County Sheriff
give us possession of the property so that we could remove the
personal property on the premises without exposure to liability.
The Kern County Sheriff refused to enforce the court clerk's
directions.
I
THIS MEMORANDUM IS EXEMPT FROM DISCLOSURE AND IS PROTECTED
BY THE ATTORNEY-CLIENT AND ATTORNEY WORK-PRODUCT PRIVILEGE
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ALAN TANDY, City Manager
JUDY K. SKOUSEN, City Attorney
October 20, 1995
Page 2
After lengthy discussions with the Kern County Sheriff's
Department and County Counsel's Office, we have basically arrived
at an agreement as to what type of documentation must be presented
to the Kern County Superior Court in order for it to grant an Order
of Writ of Assistance allowing the Kern County Sheriff's Department
to place us in possession of the property.
Thereafter, the City will notify the tenant and the landlord
of their obligation to remove the personal property which is on the
premises. If not performed within 15 days, the City will be able
to publish a public notice and sell the property at issue.
These timelines will coincide with Public Works' attempts to
secure a demolition permit necessary to demolish the building.
Hopefully that will be forthcoming also.
As you are probably well aware, the contractors are on strike
at the present moment and construction of the parking lot cannot
commence until the strike ends.
RECYCLING CENTER
Don Anderson continues to negotiate with the tenants in
helping them to secure another property which they can use to
operate their recycling business. These tenants are very stubborn.
However, Don Anderson hopes to have them move to another property
in the very near future. He has consistently provided the tenants
with information regarding potential relocation sites.
Don Anderson has told me that the tenants are apparently going
to make offers to lease some of the properties which he has offered
them. We are hoping that the property owners will accept the
tenants' offer.
If the tenants do not enter into a lease with any of these
property owners,
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ALAN TANDY, City Manager
JUDY K. SKOUSEN, City Attorney
October 20, 1995
Page 3
The court granted our request for a Temporary Restraining
Order preventing the insurance company from disbursing any funds
unless the funds were utilized to demolish the subject structure.
On November 9, 1995, the court will hear argument on the City's
request that the structure be declared a dangerous building and an
immediate threat to the health, safety and general welfare of the
citizens, order that it be demolished and order that the insurance
proceeds which are disbursed in connection with the damaged
structure be utilized solely for the cost of covering the
demolition.
cc: Don Anderson, Real Property Agent
CH:laa
CONDEMNA TION/FEEDBIN/statl 020.mmo
CONDEMNA TIONINEWWORLD/statl 020.mmo
CORRII ABA TEMNT IDANGER.BLD/statl 020.mmo
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B A K E R 5 F I E L D
PUBLIC WORKS DEPARTMENT
MEMORANDUM
TO: Alan Tandy, City Manager
FROM: Raul M. Rojas, Director of Public work~&
DATE:
October 23, 1995
SUBJECT: STATUS OF FUNDING FOR S.R. 58 ALTERNATE (KERN RIVER
FREEWAY)
CalTrans staff is continuing work on the environmental document for the Alternate State
Route 58 Study. The completion date for the environmental document is the spring of
1996, with a preferred alignment chosen by that time. However, funds for the acquisition
of the right-of-way originally scheduled to be available for the 1996-97 fiscal year are
currently in seriousjeopardy. Public Works staff was recently informed by CalTrans District
6 office that Sacramento intends to pull the funding for the Kern River Freeway. Their
expressed reason is that there is no "projeä' associated with the $45,000,000 right-of-way
acquisition expenditure. The intended "project" is the construction of the freeway itself, but
this is scheduled too far in the future to count as a "project" as far as Sacramento is
concerned. If the funding for the Kern River Freeway is cut now, there may never be a
State-funded freeway along that alignment.
CalTrans, District 6, is still a strong supporter of this project. They have offered to come
and meet with the Council and with staff to attempt to resolve this problem. However, it
appears likely to both City and CalTrans staff that the only solution may have to be a
political one.
Staff will be happy to set up a joint City/County meeting with CalTrans at the Council's
direction. l
}e f::t (Aso-f.
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FREEW A YST A TUS:SR58FUND.MEM - r=
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Freeway Status Report
October 17, 1995
The work on the Bakersfield Yard Overhead is progressing quickly. CalTrans' contractor has two more
columns to construct; they expect to be able to set the girders in about 2-1/2 months.
There is a possibility that CalTrans will close the bike path under S.R. 99 at the Kern River while work is
progressing in that area. CalTrans had proposed a detour of the bike path from Beach Park along Westwind,
Truxtun and Bahamas Court to the Kern River Group Picnic Area. Public Works staff sees some operational
problems with this detour and asked for another alternative to evaluate. At this time, CalTrans has declined
to come up with other options and is reminding us that the bike path is there under an encroachment permit
- CalTrans has the power to close the path down at any time.
South Beltway
The mapping and legal description of the preferred alternative is proceeding and is expected to be complete
mid-November. Once this is completed, a request for proposal will be issued for a consultant to prepare a
supplement to the KCOG environmental impact report (EIR). This process may take from one to three
months. The supplemental EIR will take a minimum of four months and may take as long as six months.
The earliest date that this would appear before the Planning Commission is mid-April; the likeliest date is
mid-June. Once approved by the Planning Commission, the City Council and the Board of Supervisors would
take separate action on the adoption of the alignment. A very optimistic date for adoption would be mid-July;
a more likely date would be mid-November.
West Beltway
There has been no change in the status of the West Beltway since the last report.
Coffee Road Grade Separation
The design of this project is still progressing according to schedule, but right-of-way acquisitions now about
three months behind schedule due to the various environmental problems. The Separation of Grade District
was unable to adopt the Resolutions of Necessity last month - they intend to adopt them in late November.
An offer to purchase has been made to Sunland Oil. The District is discussing relocation of facilities with
Pacific Gas & Electric and are negotiating for the other utility relocations.
FS: \FREEWYI7. STS
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October 17, 1995
STATUS OF FREEWAY "
AND STATE HIGHWAY PROJECTS
METROPOLITAN BAKERSFIELD AREA
Public Works Department
Marian p, Shaw, CE III
This report is intended to update the members of the City Council on the progress of various freeway and
State Highway projects in the metropolitan area since the September, 1995 status report.
Kern River Corridor (Kern River Freewav)
CalTrans staff is continuing work on the environmental document for the Alternate State Route 58 Study.
The completion date for the environmental document is the spring of 1996, with a preferred alignment chosen
by that time. However, funds for the acquisition of the right-of-way originally scheduled to be available for
the 1996-97 fiscal year are currently in serious jeopardy. Public Works staff was informed yesterday by
CalTrans District 6 office that Sacramento intends to pull the funding for the Kern River Freeway. Their
expressed reason is that there is no "project" associated with the $45,000,000 right-of-way acquisition
expenditure. The intended "project" is the construction of the freeway itself, but this is scheduled too far in
the future to count as a "project" as far as Sacramento is concerned. If the funding for the Kern River
Freeway is cut now, there may never be a State-funded freeway along that alignment.
CalTrans, District 6, is still a strong supporter of this project. They have offered to come and meet with the
Council and with staff to attempt to resolve this problem. However, it appears likely to both City and
CalTrans staff that the only solution may have to be a political one.
Staff will be happy to set up a joint City/County meeting with CalTrans at the Council's direction.
State Route 178 (Crosstown Freewav)
There has been no change in the status of the Crosstown Freeway from that last reported.
State Route 99
The Operating Engineers strike is still on. As of today, there is no resolution in sight. This strike has caused
a slow down in the work along S.R. 99, but it has not been that significant.
The work on the Palm Avenue bridge and the lowering of the freeway in this area is now complete - the
Contractor will be cleaning up and removing the K-rail over the next 9 to 10 days.
The bridge widening portion of this project is still progressing well. The girders for the Calloway Canal,
Gilmore and Truxtun bridges have been set. The girders for the Rosedale bridge are being set Wednesday
and Thursday. Work on the Kern River is still stalled due to the water in the river; about three to five months
without water is required to finish this portion.
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B A K E R 5 F I E L D
PUBLIC WORKS DEPARTMENT
MEMORANDUM
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B A K E R 5 F I E L 0
PUBLIC WORKS DEPARTMENT
MEMORAND7
TO: Alan Tandy - City Manager £)
FROM: Raul M. Rojas - Public Works Di e tor ~
DATE: October 26, 1995
SUBJECT: Response to Councilman Salvaggio
Re: Hughes Pacheco Sewer Project
(City Council Referral Record #15473)
Attached are copies of letters, memos and administrative reports concerning the Hughes
Pacheco Sewer Project.
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, 'A AD MINISTRA TIVE REPORT Page 2
¡.c
Griffith Company
1898 Union Avenue
Bakersfield. CA 93387 (City) in the amount of $ 461.395.00
W.M. Lyles
7657 Downing Avenue
Bakersfield. CA 93308 (County) in the amount of $ 509.796.40
P:\ADMIN\1LJ9MSJ.CC
mps
June 29. 1995. 3:06pm
AD MINI S TRA TIVE REPORT
MEETING DATE: June 28, 1995 AGENDA SECTION: Consent Calendar ITEM NO: 8. i.
TO: Honorable Mayor and City Council APPROVED
FROM: Gregory J. Klimko, Finance Director DEPARTMENT HEAD ~~
/
DATE: June 21, 1995 CITY A TIORNEY ~,/'J2 4
,
CITY MANAGER 67~
SUBJECT: Resolution determining unpaid assessments and providing for issuance of bonds for
Assessment District 94-1 (Renfro-Hughes).
RECOMMENDATION: Staff recommends adoption of Resolution.
BACKGROUND: This Resolution recognizes that the cash payment period for Assessment District
')4-1 (Renfro-Hughes) has expired and presents Council with a list of all unpaid assessments that must
.Je included in the assessment bonds. The Resolution also sets the general terms for the issuance of
assessment district bonds.
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June 21. 1995. 1:36pm
AD MINISTRA TIVE REPORT
MEETING DATE: June 14. 1995 AGENDA SECTION: Consent Calendar ITEM NO: 8. e.
TO: Honorable Mayor and City Council APPROVED
FROM: Gregory J. Klimko, Finance Director DEPARTMENT IIE~~
DATE: May 30, 1995 CIlY ATIORNEY . m¿
CIlY MANAGER CJ7;J5
SUBJECT: Assessment District No. 94-1 (Renfro/Hughes)
1. Resolution Authorizing Issuance of Bonds
2. Resolution Approving Form and Substance of Preliminary Official Statement and
Bond Purchase Contract, Authorizing Modifications Thereto, Authorizing
Execution Thereof, and Authorizing Related Documents and Actions
3. Resolution Approving Form and Substance of Acquisition and Disclosure
Agreement and Authorizing Changes Thereto and Execution Thereof
RECOMMENDATION: Staff recommends adoption of Resolutions.
BACKGROUND: On May 17, 1995, following the close of the public hearing of protests, you adopted
the Resolution approving the Final Engineer's Report, levying the assessments, and ordering the
improvements. On May 19, 1995, the Assessment Diagram and the Notice of Assessment were
recorded in the County Recorder's Office, thereby making the assessments a lien on the respective
parcels assessed.
In addition to the recorded and published notice of assessment, a further form of such notice was
mailed to each property owner, advising of the 3D-day cash payment period, which will end on
Monday, June 19. At the close of the cash payment period, the Finance Director will prepare and file
with the City Clerk a Certified Paid and Unpaid List, showing cash payments received and the amount
of unpaid assessments. On June 28, you will be asked to adopt a Resolution determining the amount
of assessments remaining unpaid, which will thereby establish the principal amount of the bond issue.
The financing schedule provides for pricing of the bond issue on June 27 and for execution of the
Bond Purchase Contract on that date, subject to finalization of the bond issue amount of June 28.
This schedule is important to assure sale of bonds in time to fund and to commence construction of
the Hughes area sewer facilities at the earliest possible date.
June 1. 1995. ¡1:05am
,
AD MINISTRA TIVE REPORT Page 2
I
I
Honorable Mayor & City Council
. :ouncil Meeting - June 14, 1995
Consent Calendar - Assessment District No. 94-1
In order to meet this schedule, Bond Counsel has prepared the Resolution Authorizing the Issuance
of Bonds and the Resolution Approving the Form and Substance of the Preliminary Official Statement
and the Bond Purchase Contract. The second Resolution authorizes modifications of the Preliminary
Official Statement and the Bond Purchase Contract and execution on behalf of the City of both
documents without further Council action.
Bond Counsel has also prepared an Acquisition and Disclosure Agreement, between the City and Sto-
Ren Properties (the Renfro Area developer) to provide the terms and conditions under which the City
will utilize its best efforts to accomplish issuance and sale of the proposed limited obligation
improvement bonds of Assessment District No. 94-1 and subject to prior satisfaction of certain
prescribed conditions, will utilize a portion of the bond sale proceeds to acquire the completed public
improvements in two phases from Sto-Ren Properties. The Acquisition and Disclosure Agreement
makes very explicit the fact that the purchase price for the completed improvements will come solely
from such bond sale proceeds and from no other source whatsoever. The third Resolution approves
this agreement as to form and substance and authorizes modifications and execution without further
Council action.
l\ssuming Council action to adopt the three Resolutions as presented, the next steps will be (1)
preparation of the Certified Paid and Unpaid List by the Finance Director following the June 19 close
of the cash-payment period, (2) execution of the Acquisition and Disclosure Agreement, (3)
distribution of the Preliminary Official Statement by Henderson Capital Partners in anticipation of
bond pricing, (4) pricing of the bond issue by Henderson Capital partners in consultation with the
Finance Director and execution of the Bond Purchase Contract on June 27, and (5) Council action on
June 28 of a Resolution determining the amount of unpaid assessments. Actual bond closing and
delivery is scheduled for July 11, after which staff will return to Council to award the construction
contract for the Hughes area sewer project.
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JNI4FI8.CC
June 1. 1995. I 1:20am
AD MINISTRA TIVE REPORT
"
MEETING DATE: August 24. 1994 AGENDA SEcrION: Consent Calendar ITEM NO: 8. g.
TO: Honorable Mayor and City Council APPROVED
FROM: Raul M. Rojas, Public Works Director D EP AR TMENT HEAD l{
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DATE: August 12, 1994 O'lY A ITORNEY ~
CI1Y MANAGER
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SUBJECf: Plans and Specifications for: '
1. Assessment District No. 94-1 (RenfrolHughes), Hughes Lane Sewer. (Ward 7)
2. Landscape Median Improvements on Wible Road between Panama Lane and Harris Road.
(Ward 7).
RECOMMENDATION: Staff recommends approval of the Plans and Specifications.
BACKGROUND:
1. This project is to construct a sanitary sewer system in an existing development. This
improvement will be financed through Assessment District No. 4-1. The project is not
budgeted in the current fiscal year. Funds will be appropriated from bond funds when the
cost figures from the bid are available. The engineer's estimate for the work is $430,000.
2. This project is to construct a landscaped median in Wible Road between Panama Lane and
Harris Road. The median curbs were constructed with a previous project. It will include
the installation of textured hardscaping, an irrigation system, trees and grass. This project
is budgeted in the current fiscal year. The engineer's estimate for the work is $57,000.
AuSua& 12. 1994. 11:S6a1D
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B A K E R 5 F I E L D
PUBLIC WORKS DEPARTMENT
MEMORANDUM
TO: Councilmember Mark Salvaggio
FROM: Raul M. Rojas - Public Works Director
DATE: June 6, 1995
SUBJECT: A.D. 94-1, Renfro-Hughes, Construction Schedule
The contract for the Hughes-Pacheco Sewer Project is to be awarded in July with
construction to start in August. The project is expected to take approximately 10 weeks and
should be completed by late October.
LD\MEMO\AD941SALRMR
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NOTICE OF ASSESSMENT
I ASSESSMENT DISTRICT NO. 94-1 (RENFRO/HUGHES)
CITY OF BAKERSFIELD
- The city of Bakersfield has levied a special assessment against the
land described in the attached assessment data sheet, to pay the cost of
the property acquisitions, public improvements, and related cost and
expense of the assessment proceedings and bond financing, all as more
fully itemized in the Final Engineer's Report approved by Resolution of
the City Council on May 17, 1995. A copy of said Final Engineer's
Report is on file in the Office of the Director of Public Works of the
City for further reference.
This assessment was recorded on or before May 19, 1995.
Accordingly, the deadline for receipt of cash payment of your
assessment, if you choose to make such cash payment, is Monday, June 19,
1995, and late payments will be returned. You are entitled to pay all
or any part of your assessment in cash, without interest, and at a
discount, before the close of business on June 19, at the office of the
City's Finance Director, 1715 Chester Avenue, Bakersfield, California
93301. If you mail your payment, it is recommended you allow a full
calendar week for delivery because late payments will be returned.
Checks should be made payable to the "City of Bakersfield".
If you wish to pay all of your assessment now, you may pay the
Finance Director the amount shown on the attached assessment data sheet
in the column titled "Cash Payment". This is your total assessment less
the discount for the proportion of (1) bond reserve fund, (2) bond
discount, and (3) pre-paid interest. If you wish to pay a part of your
assessment only, you' may call the office of the Finance Director at
(805) 326-3058 to obtain a quotation of the discounted amount to
accomplish the partial payment you wish to make.
For those who leave any part of the assessment unpaid, the unpaid
assessment will become payable in installments, with interest. The
installment period will be 20 years, and the interest rate will be
matched up to the interest rate at which bonds are sold representing the
unpaid assessments. Said bonds shall be issued according to the
Improvement Bond Act of 1915, and the general intention is to structure
the bond issue to provide for approximately equal annual payments of
principal and interest. Annual installments billed to property owners
are matched to the bond amounts and, while approximately equal year to
year, will vary somewhat from one year to the next.
Pursuant to subparagraph (f) of Section 10204 of the California
Streets and Highways Code, the City shall add an annual administrative
cost to the assessment installment. The maximum amount of such annual
administrative cost has been set at $50 per parcel.
If you have questions about this notice, please call Ed Wilson of
wilson & Associates, Assessment Engineer for this assessment district,
at (209) 275-5445.
DATED: May 22, 1995
City of Bakersfield
bz
AD94-1,N2
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City of Bakersfield
1 f A.......Dt Di.triot Ho. '4-1
(Renfro/Hughes)
I ì Notio. of Public H..riDers
Pursuant to the provisions of the Municipal Improvement Act of 1913
(Sections 10000 and following, California Streets and Highways Code) and
California Government Code Section 54954.6, notice is hereby given as
follows:
1. At 7:00 p.m. (or as soon thereafter as circumstances permit)
on April 19, 1995, in the Council Chambers of the City Council of the City at
1501 Truxtun Avenue, Bakersfield, California, said City Council will hold a
public information hearing respecting the proposed Assessment District No.
94-1 (Renfro/Hughes) to present information respecting the public improvement
project which is being financed with special assessments to be levied upon
benefited parcels of land within the assessment district, the extent of the
assessment district, the estimated cost and expense of the project, the
amounts of the assessments proposed to be levied upon the benefited parcels,
and the method or formula by which benefit has been estimated.
2. Notice is further given that at 7:00 p.m. (or as soon
thereafter as circumstances permit) on May 17, 1995, in the same Council
Chambers of the City Council, the City Council will hold the public protest
hearing respecting the proposed assessment district.
3. The public improvements which are the subject of the proposed
assessment district are generally described as follows:
Renfro Area
Acquisition of certain public improvements, together with
appurtenant work in connection therewith, generally described as
various street improvements in Renfro Road and Stockdale Highway
along the frontages of Phases 3 and 4 of Tract 5084 (the street
improvements including grading, base and finish paving, curb,
gutter and sidewalks, wheelchair ramps, and street siqnage) I
sanitary sewer lift station and force main facilities in Renfro
Road, and the relocation of certain existing private utili ties
(PG&E overhead power lines) that are within the limits of the
Renfro Road improvements.
. Hughes Area
Construction of certain public improvements, together with
appurtenances and appurtenant work in connection therewith,
generally described as a sanitary sewer system, together with house
laterals, manholes, cleanouts, fittings, asphalt patching of all
streets, and appurtenant work and improvements.
SP2-36192.1
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Lt The estimated cost and expense to be assessed to the benefited
parcels also includes related engineering expenses, fees for various
¡ professional services related to formulation and implementation of the
, assessment district, and costs of issuance respecting the proposed tax-exempt
improvement bonds.
The public improvements and the estimated cost and expense are
described in detail in the Engineer's Report on file with the City Clerk, and
interested persons are referred to the Engineer's Report for further
information.
4. The present best estimate of the total cost and expense of the
proposed project and related assessment proceedings and bond financing is
approximately $680,000 for the Renfro Area and $725,000 for the Hughes Area.
Please see the attached assessment data mailing slip for the amount of the
assessment proposed for your parcel or parcels. For your information, all
parcels in the Hughes Area are being assessed the same amount.
5. The City Council intends, pursuant to subparagraph (f) of
section 10204 of the California streets and Highways Code, to provide for an
annual assessment upon each of the parcels of land in the proposed assessment
district to pay various costs and expenses incurred from time to time by the
City and not otherwise reimbursed to the City which result from the
administration and collection of assessment installments or from the
administration or registration of the improvement bonds and the various funds
and accounts pertaining thereto, in an amount not to exceed $50.00.
This annual assessment shall be in addition to any fee charged pursuant to
sections 8682 or 8682.1 of the streets and Highways Code.
6. For further particulars, you may refer to the Resolution of
Intention and the Engineer's Report, which are on file with the City Clerk.
Inquiries about the assessment proceedings will be answered by Marian Shaw,
City Public Works engineer, at (805) 326-3579.
7. Any interested person may file a written protest with the City
Clerk at the office of the City Clerk, at the address set forth in
paragraph 1, at or before the time set for the May 17 hearing. Each protest
must contain a description of the property in which the signer' is interested,
sufficient to identify the property, and must specify the grounds of protest.
8. If written protests are filed by the owners of more than 50%
in area of the property to be assessed, then a "majority protest" is created. .
If a majority protest still exists when the May 17 hearing (and continuations
of the hearing, if any) is closed, then the assessment proceedings must be
abandoned unless the city Council votes, by not less than a 4-5ths majority,
to overrule the protests. .
~~~
DATED: March 22, 1995
Carol Williams .. .
City Clerk
City of Bakersfield
Sf2.36192.1 2
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MEETING OF: 10/25/95
REFERRED TO: PUBLIC WORKS R ROJAS
REFERRED TO: CITY CLERK C WILLIAMS
ITEM: RECORD# 15473
Pacheco/Hughes sewer project. (Salvaggio)
ACTION TAKEN BY COUNCIL:
SALVAGGIO REQUESTED PUBLIC WORKS ASSISTANT
KLOEPPER RESPOND TO HIS REQUEST ON CALLS FROM
PACHECO/HUGHES AREA RESIDENTS REGARDING DELAYED
SEWER PROJECT DUE TO THE STRIKE; AND REQUESTED
COPIES OF THE ADMINISTRATIVE REPORTS,
CORRESPONDENCE, ETC.
BACKUP MATERIAL ATTACHED: NO
DATE FORWARDED BY CITY CLERK: 10/27/95
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CRA Summary of Sports Consortium Special Report ' i', :
i ,'" "i
Local Government and the Business of Minor League Baseball ","""..""".."""..
8888
By Arthur T. Johnson
Introduction Rookie. A team owner must be There is concern that fans will
Interest in minor league awarded a franchise from one not buy tickets but will wait
baseball over the past several of the 19 leagues. for the free ones if a "buy
years has been high and Most of the minor league outs" are too frequent.
continues to grow. Franchises, franchises have a Player Most clubs use promotions
which sold for tens of thou- Development Contract (PDC of some sort. The San Diego
sands of dollars only a few or "Working Agreement") Chicken, fireworks display, "In sum, local
years ago, are now attracting with a major league team. concerts following games,
offers of hundreds of thousands The major is obligated to give-a-ways (bats, balls, etc.) officials appear
of dollars for A-level teams provide a minimum number of Stadium ownership and the to perceive the
and of several millions of players, coaches, a manager stadium lease are the final
dollars for AA- and AAA- and uniforms and some factors in the economic presence of a
level teams. Communities are equipment. They also provide equation. More than 90% of
pursuing franchises just as most or all of the players the ball parks in which minor minor league
eagerly as team owners are salary and travel costs. league teams play are public- team as more
seeking willing host communi- It is very difficult to operate ly owned. For these teams,
ties. As major league baseball as a cooperative or indepen- the conditions of the lease important for
expands new minor league dent club because the owner are a significant factor in a community s
franchises will be created. must cover a significantly their profitability.
A minimum of four new minor higher percentage of the team's There is no typical minor quality of life
league franchises will be expenses and because the league stadium lease. Some than for the
born for each major team quality of the team's players communities subsidies the cost
offering a potential for cities is not likely to be as high as of operating a stadium for the team s contri-
without a franchise. that of the teams with which team through the provision of
This report addresses the it competes. utilities, water, and field bution to the
relationship between minor Revenue sources maintenance. Other communi - local economy. "
league baseball teams and their A minor league team is ties seek to recover the
host communities. When a dependent upon several sources stadium's operating cost
community decides to host a for its revenues. Some of the through a rental fee, which is
minor league baseball team, a revenue sources for a AAA usually a flat fee or a per-
series of policy decisions, Franchise include: Ticket centage of revenues deri ved
administrative decisions and an sales, concessions, advertising, from ticket sales. Some
'investment of public funds will investment, radio network, leases may also can for a
follow. The report concludes parking. Expenses would be: percentage of parking and/or
with a set of observations on General and administrative, concessIOn revenues.
the political and economics team operating, advertising, Rational for hosting a Minor
realities of hosting a minor state and federal taxes. League baseball team
league team. Ticket prices for minor There has developed a
Structure and economics league games range from less litany of justification for
Major leagues, except in a few than a dollar to five dollars. hosting a minor league team-
cases, do not own minor league Frequently a park will be mostly based on assumptions
teams. The minors are fran- "bought out" for a night by a drawn from major league
chi sed businesses owned by community organization or experience. No systematic
private individuals or owner- business, and tickets will be study has been made of
ship groups. The franchises are given at no charge or minimal advantages to a community
governed by the national charge to customers. Team due to a minor league fran-
Association of Professional operators disagree as to chise. However, public
Baseball Leagues (NAPBL)., whether giving tickets away in officials have had to use
Each league has its own set of this manner or in other ways studies made of the majors on
officers, organized according devalues the product and hurts
to play level A, AA, AAA and attendance in the long run. Continued on Page 8
,',.>'f'f'~;.:~{~,.:jf'~.". , ' ",,', ,,',," "',.' ,\.AugUSI1995 II
... ~ -I
".-~, '.~ .
I:~ Continued From Page 3
The Business of Minor League Baseball. . .
,."'~~"'~~"'~~
8888 which to try to draw rational commitment to a new stadium with which a site is selected.
for becoming a host city. A few or significant improvements to Furthermore, each site pos-
of these assumptions include: an existing ball park. This, in sesses cost implications which
Recreational amenity-The fact, is the crux of local local officials must consider.
family entertainment aspect. government's involvement in Financing
the professional sports busi-
Economic impact-Probably ness. City and county legisla- Local officials in the communi-
minimal in most cases. tive bodies found themselves ties in this study have made use
Publicity for a community- under time pressure to make of creative financing in order to
"They must Probably of minimal benefit. stadium related decisions. avoid using general fund
understand that For larger cities desiring to To build or not to build? revenues or to avoid issuing
go "major," a AAA may be If a community is willing to general obligation bonds which
they risk losing of benefit. welcome a new franchise, that may require voter approval.
the team In sum, local officials community will be faced with These alternative financing
appear to perceive the presence the prospect of building a new arrangements almost always
because the of a minor league team as stadium. Local officials facing involve partnerships with other
business more important for a commun- this situation may seek to study public sector agencies and
ity's quality of life than for their options, commissioning jurisdictions and/or with
interests of the the team's contribution to the cost and feasibility studies for private sector entities.
team owner local economy. several different sites and Examples are given in the
To host or not to host a team? financing alternatives. Even report of how cities financed
often are in Three patterns of interaction when a team owner agrees to their stadiums: Bonds, lease
purchase, state grants, state
conflict with the and initial contacts have been build his own stadium, local loans, use of state highway or
identified in the survey. officials will be asked to make
public interest. " some type of financial commit- state economic development
1. The process most frequently ment to the project. This can be funds, bank loans and other
begins when a representative just as controversial as financ- creative means.
of the local government, ing the stadium entirely with Local officials frequently
normally the mayor, informs public funds. pledge not to use general fund
a league representative that Location revenues to build a stadium.
the city would welcome Such a pledge is often inter-
a team. Three types of stadium location preted by the media, political
2. A franchise owner may decisions were identified in opponents, or the public as
initiate the contact without communities in this study: a pledge not to use any public
city encouragement. The 1. Those made with plans for funds. If officials make such
owner may contact several neighborhood or downtown a pledge, they must make
cities, leveraging one revitalization and stability the distinction often to
community against the other, in mind. avoid misinterpretation.
escalating the public cost of 2. Those made with the Lease conditions
winning the team. intention of opening new One of the primary ways
3. Private citizens, or represen- lands for development. protecting public funds in the
tatives of local organiza- 3. Those made because public case of a sports facility, is
tions, make the initial land was available. through a stadium lease. They
contact. They may then The study cites the experience must understand that they risk
lobby local officials for their of several cities, some down- losing the team because the
support and commitment of town, some in the suburbs. In business interests of the team
public funds. sum, stadium sites are chosen owner often are in conflict with
In any case, the baseball issue for many reasons. Local the public interest.
quickly becomes a stadium officials should expect contro- Communities will seek lease
issue. That is, local government versy, regardless of the reasons agreements that generate rental
is asked to make a financial for selecting a site and the care income equal to stadium
II August 1995 . ' ., -'. ,'. .' .-
. , 0' ,,'
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'- ~ Continued. . . mil
.." ~ . ope~ting expcm;e,. R",ely do 4. Thi, publk subsidy com- Author: Arthur T. Johnson is !I II! 'm! 11111
officials hope to cover the debt monly takes the form of a Assistant Vice President for ,.""'~""'...""'...
service being paid for a new substantial investment of Academic Affairs and Professor of . . . ..
stadium or to generate signifi- public funds in a stadium; Political Science at the University II II II II
cant revenues beyond expenses, 5, The decision to invest public of Maryland, Baltimore County,
Lessons learned and con- money in a sports stadium He is the author of Minor League
eluding observations w~ll be hig~ly vi~i,ble and Baseball and Local Economic
It' , h I I will result In polItical con- Development (University of
IS Important t at oca ' , , '
ffi 'I d t d th troversy, If no such diVISIOns Illinois Press 1993) and several
0 Icla s un ers an e " , '
I't' I d '1' exIsts, this Issue has the 'ournal articles and research
po I Ica an economIc rea Ity , . -
of hosting a minor league potent~a,1 for creatIng them; reports on public policy and . . . .
baseball team before they 6, ~pposltlOn fr~m the comm~- spo~s, fo~using particularly on the .,..
become involved in active mty may be widespread or It relationship between local .
negotiations with team owners ma~ ~manate from a handful government and professional
or league representatives' of cItizens who become Sports organizations, In 1989 A
, f+ ' . hr . h ,gency
I Th 'f ' e ,ectlVe m t eatemng t e ICMA Published Dr Johnson's Hawthorne Community
, e econOmICS 0 mInor "h b. '
1 ' proJ~ct elt e~ y attractIng survey analysis of communities Redevelopment Agency
eague IS not comparable to media attentIOn or by , , .
the economics of major " hosting minor league teams Associates ,
league baseball' purSUing legal action, entitled "Local Government and Altadena Pasa~ena Enterprise
, " ' Zone Authority
2, The business interests of the Recommendations made In Minor League Baseball, A Survey Painey.lebber, Inc,
'II "d thl's study' of Issues and Trends" Copies The Robin Erdmann Group
team owner WI not comci e. '
with the community's . Plan carefully and build are available from ICMA.
interest on many issues, a consensus, (202) 962-3652
especially stadium issues; . Negotiate firmly and from a Permission to reprint or summa- For information
3. Nearly all minor league position of strength, rize this re~rt ha~ been granted on the benefits
baseball teams benefit from. Protect the community's by International City/County Man- ifCRA
some level of public subsidy; interest. agement Association (ICMA) . 0
Membership,
please call
. Kelly Moore at
(916) 448-8760,
. Compensable Goodwill Loss
. Leasehold Interest
. Real Estate
. Machinery & Equipment
. Strategic Consulting for Litigation
Representillg City Redevelopment Agencies & Transit Districts
throughout the State of Califomia
Jó7l) Motor Avenue, Suite 201 ~s ~p ~
Los Angeles, CA l)OOJ4 ~ LJ~ L1i.J
Telephone: 310/837-6678 Fax: 31 O/IG7-ó2óO ",' ,',', ~;,\:.:.'.' ::", ~,.',"I ,
- , - ' -- , -, August1995 II
~--'~--"-----------------'----'-- --- -- - -,- -- - - -
~paid by thestate," - the-proposal would have excluded ~
nick. urban forestry projects. The program I
will now be fully funded, With $5
ilns at SBAmillion allocated to acquire and
iederal Small Busi, restore resource lands and $5 million (
~ibn's tree planting divid~d betwee~ urban forestry and i
y survived elimina, roadsiderecreauonal projects. The
(see California California Transportation Commis,
194,95). California sion approved t~e roster of 1995,96
',sigh of relief and projects atits'August meeting.
) the 1995 grant ,
is tribute $1.68 Jarvis Threatens Local .~-
lanting aid around Funding Control
ßtions were sub, ,The Howard Jarvis Taxpayers
:ies in February Association is expected to file a
ia Department of state, initiative proposal prohibiting
Protection '. ~local agencies from raising addi,
~ng pròjects the tional funds fróm assessment dis, ,
~ But they were tricts for. "indirect benefits" such as ,
In projects on urban forestry, parks; and open I
~ril, PresideJ;lt space. The Protect Proposiçion 13
¡bill that rescinded Act would limit the use of any new
Iny feder~l pro, , or increased property assessment
~m the SBA tree, ~evenues to capital and mainte,
I. Although only 1!ance costs of sidewalks, streets,
iation-not the sewers, water facilities, flood con, ! -
was eliminated, tral, drainage systems~ and vector ~
vocates close to control. /
resuscitation of If the measure is successful-it -
xt year's budget would supersede more than a dozen '. "
miraculous. state laws that provide local gov, -~~{
,emments with the means to fund '
Trees in c~mmunity improvements,and ser, ._~ ~
ogram Vices. The proposal also attacks ' -' '\ h-
e 1995-96 Envi- existing assessment districts that' tLt,¡P f ~1
cement a.nd Miti, were established without a local r ~ øJJNl'"' - Ð hd'^
EMP) was ,-- ballot measure; voters would have ~ ~ ~
1 $10 million to approv~ t~e continued existence ' ()..v ". ~
lyman Richard of these districts. . ~
eles) efforts dur, \ r . W. k \
- -victOria a e
-., .. ,,-
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I OCT 2 3 199,
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BY DAVE GARDETTA
.
dly
It was going to be the perfect weekend: Close friends, sun-split
skies and a bracing whitewater ride. Then we encountered the Kern
Not more than a dav ago, the water now melted snow crash over lO-foot waterfalls Men have been lost under the Kern after
rushing over me-water that has knocked and pummel through broken cataraCts of immersion in her calmer pools. I disap-
me from my raft, pinned me to the bottom boulders the size of houses and can'r wait peared under the Kern while baptizing my
of this river and will likelv drown me-was to get into it. They go down the ri"er in new river raft-a sporty purple-and-gray
snow. It sat in scalloped banks along the red-and-blue professional boats helmed by number I called Ophelia. Along with me
terminal moraines of Mount Whitney, expert guides (which is a good idea or for the weekend were tWO friends on their
melting. The Kern Canvon Fault caught the roped into inner rubes and children's first river trip, Steven and Kathleen. They
melted snow-as it has been doing for 80 inflatable pools (which is notl. were sc:.¡ba di\'ers by hobby, and my think-
million vears-added direction and veloc- One nundred eighty-one people nave ing was. in a bad situation they'd be good
ity in its steep, southward descent and cre- drowneci in the Kern since 1968-rhree of company. But on day tWO of our trip, in a
ated the fastest falling, most treacherous them thIs summer. It is an unforgiving rapid named Oscar's Nightmare on the
river in California. I knew how dangerous river. Ar :my given moment, there are 350 lower Kern, we wrapped a boulder as big
the Kern was when I pur in with my boat Kern County residents on call for rescue as a Winnebago. I went out the back of the
this morning. I'd heard of lost bodies that operations should someone slip acclden- boat and down a chute of water that
only appeared in drought years: I could re- rally into the water, which thev do regu- plunged me to the river's bottom, where my
cite the river's death demographics on cue. lady on summer weekends. WEAR FLOTA- left foot snagged betWeen twO rocks.
But ciutched here at the river's bottom, 3 TION DE\lCES WHEN WALKING :-:EAR THE The outfitters who run the Kern think
good distance from where the world keeps RIVER. read the nervous coumv signs aiong of themselves as snow harvesters-their
its oxygen, I am experiencing 3 level of Highwa,' 178, a wisp of a road that rol- summer business depends on the winter
understanding on a par with the unforru- lows and sometimes crosses the Kern dur- pack or snow under ~lount Whitney. This
nare snake handler eveing the black mamb3 ing parr of its 160-mile course through summer they had a bumper crop. In June
that h3S just attached itself to his forearm. Bakersneld. where. alon~ the cm"s peri me- the river peaked at an amazing 5,700
rers. rhe river is finally conrroiled. ;'¡um- cubic feet per seconà-rhe equivalem of
Peopie drive up from Los Angeles on hor bled, parceled OUt in blue chunKs into feeding a fire hydrant through a straw. A
days in air-conditioned C3rs. watch the fields of asparagus 3nd pumpkin. cubic foot of water IS roughlv equivalent
Illustratio/1s b)' Sandra Dionisi
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in size and weight to a water-filled bas- many of them for the same reason we were Merle Haggard has a song called" Kern
ketball; on this July afternoon, 3,600 liq- there: Three hours from LA.. the Kern is River," in which he promises us he'll never
uid basketballs are slamming into my one of the world's great whitewater again dunk his toes in its waters, mostly
body every second. I cannot see, move, courses. No matter what irreversible because that's where his best friend drowned
breathe, even think, really, except for one changes my body had shuttled through the day he met her. (Go figure.) In it, strong
thought: I am going to die. when I first spotted the river, I was here winds have blown Merle up into the higher
because I wanted to be here. because I Sierra, where his social life has been shot to
Dying had been the last thing on my mind knew the river would challenge me, turn hell and he spends his uncrowded days
two days earlier. when the three of us me into a better rafter and make the first thinking he may" drown in still waters, but
drove the I 60 miles from Los Angeles to cigarette at the end of the day feel like sex. I'll never swim in the Kern River again."
Kernville, a small southern Sierra tourist Kernville is a company tOwn. Following Undoubtedly, Merle is way too cool to
tOwn strung like a bead on the river. I was the forest service, the river is the second- wear a life jacket~n the river, he'd wear
just back from three weeks of river run- biggest employer in the area. There are boots and the Jack Daniel's that splashed
ning in Colorado and Utah, and after hav- about 250 river guides in the valley, work- from his bottle-but preservers are tbe way
ing t1ipped my boat only once, I radiated a ing for a half-dozen commercial outfitters. to stay alive on the Kern. They're manda-
strange, otherworldly competence. The outfitters have divided the river into tory on commercial trips, and no outfit-
When you enter the thin mouth of Kern three parts for the purposes of packaging it ter has ever lost a passenger to the river.
Canyon, you leave behind the straw sprawl to tourists: the Class V Forks or the Kern
of Bakersfield's farming distriCtS and climb Run; the Class II-V Upper Kern Run; and Pinned on the bottom of the Kern, I am a
into a piedmont region of boulder-pocked the Class II-IV Lower Kern Run. In addi- helpless witness to the hydraulic struggle
foothills that in summer are as dry and rion, there is a small section of river direcdy between the rapid and my life jacket.
inviting as the Golan Heights. The river is
below you. When rafters spot the Kern for
the first time-smashing with such force
through the canyon that it sometimes
appears to be traveling up, not down-they Kern, I am a b..e.lp.J e s s wiJness to,
swerve their sport utility vehicles into dusty
scenic pullouts and check their vital signs
for movement. I did. I climbed out of my
car in disbelief-rhe churning river below
me was doing things that broke at least two
of Newton's most cherished theories of
motion. My eyes hun just looking at it; I
felt my radiating competence diminish by a above Kernville named PowerÍlouse Run. Eventually, however:. the preserver wins-
half-life. Steven and Kathleen spilled from where novices can rent intlataDie kayaks pulling my foot loose from its trap-and I
the car behind me, agitated with excite- and take rafting lessons. pop to the surface. a pink bubble of adren-
ment. They thought the rapids looked Group day trips on the rougher sections aline. Underwater:. the river had been as
"great"; they said tomorrow would be leave daily from storefront operations such brown as root beer:. but now, topside, the
"fun." They rook snapshots. Fun? I as Sierra South in Kernville. The raiters shut- surface is as black and glassy and impene-
thought. Db, you poor, misguided fools. de out of town early in the morning, half- trable as a Scottish loch. There is no way
The town of Kernville-splayed out in a asleep on buses with names like Thumper out of this river for hundreds of yards-its
shallow valley with the stiff, propped-up and Sunshine painted over their windshield's banks are slick granite boulders and dan-
feel of a cigar-store Indian-is like any brow. They boat down rapids named in gerous, half-submerged trees-but down-
other independent burg under seasonal another era (Big Bean, Poweriui Possum. stream, I can see that Steven has caught an
siege: Locals speak in militia-ese, navigate Fish Trap) and rapids claimed by the. overhanging branch with both arms and is
the sidewalks wearing T-shirts that read I Mountain Dew generation t Te'!uûa Chute, straining with his lower body to anchor
SURVIVED IŒRNV1LLE and grouse about Hari Kari and Preparation HL Thev go over Ophelia against the mid-river current.
when they're going to get the hell out and Upper Freeman, Salmon Creek Falls. I flow down to the boat, but my arrival
up to Montana. The town's market is laid Needlerock Falls, Carson Falls. Sundown is disastrous: I slam into the raft's bow
out solely for weekenders whose brain Falls and Horseshoe Falls. but roev portage with such force that the branch in Steven's
waves and eating patterns have been scat- the Royal Flush. because the ra~l1à would do hands-large enough to be its own tree-
cered by the mountain sun-pretzels and just that to the contents or anv roat caught cracks in half and crashes down on my
'\lylanta on the first shelf; Jim Beam. beer within its liquid walls. They retUrn in the late head. I plunge into root beer a second
jerky and Cheez Doodles stacked above. 3trernoon. sunburned ami happv, as loud time. My head is bleeding. Phosphores-
Thirry thousand people infiltrate this and animated and resdess as a S;.umer box cent tracers are spinning in the corners of I
rown of 1.900 on holiday weekends. of kids raised on Coke ana cnocoiate bars. my vision. Above me, the boat flips and
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sheds its contents. Underwater, spider when they speak of the water-they talk ows the river's course, but the road stays
branches reach out all around me, their only of "being at one" with it, "the immediacy hundreds of feet above it. and in the can-
I purpose being to catch submerged rafters of existence in the rapids" and the "exis- yon the black water rushes through old
and drown them. tential moment" before a big fall-but it's cuts of granIte or meanders under syca-
I Yesterday had been different. The three the idea of traveling by water through mores where carp hover like zeppelins
~ of us spent the day running the Power- unknown and sometimes unmapped beneath the surface.
I house section of the river through Kern- wilderness that draws people to rafting There are three big rapids before the
ville several times, attempting to achieve like moms to a Coleman lantern. Sandy Flat takeout. We rafted through
that rowing balance betWeen paddlers that I have put in on the Rio Grande. the Wallow Rock, a huge submerged boulder
is often so elusive. On beginner trips, one Colorado, the San Juan and the Rio that puts the river through a May tag spin,
usually settles for an imbalance of steering Chama with friends and food for a few and then down Dilly Rapid, a few hun-
that sometimes leaves a raft wedged nights. and the thought that I had no idea dred yards of white haystacks and drops
impossibly backward mid-river-with what was around the next bluff or where that end in a hole big enough to flip a raft.
rafters pointing accusing paddles of blame we were going was the most impottant Ophelia kept her balance. The day was
at one another. This did not happen to us. thing I carried in the boat. Sometimes we hot and still, but the water was refreshing,
Steven and Kathleen seemed to have third want to step off the map, and a river-an and every few minutes on quiet stretches,
eyes when it came to steering the raft- itinerar\" at odds with itself and its land- one of us fell backwards out of the boat
through that haystack, around this hole, scape-is the quickest path there. Several and floated belly-up beneath the trees.
over that boulder pillow-although weeks after we left the Kern, I called And then came Oscar's Nightmare.
Steven, at the bow, did suffer a dyslexic Kathleen to ask what had attracted her to
breakdown near the end of the day, which the river trip. It was midday, and she was Once again, I thrash to the surface and find
Steven floating in tandem beside me.
Somehow, we have made it through the
S 0 m e U m e s w e wan l--.t 0 s ~ 0 ff tangle of submerged trees. The river pulls
us another 50 yards or so. until we see a
:Lh e m a P----An.d a r i v era n it.i n era r y small beach. Flailing our weary, wounde.d
, arms and legs, we swIm over. My body IS
going into shock. There are punctures like
measles on my limbs, my left foot is turn-
ing purple and my shin feels broken in tWo
places. From the bank, Steven and I watch
three paddles bounce down the river, and
then, moments later, Ophelia passes by,
meant that we smashed left into a few at home lying on the couch. and she tOld upside-down and trailing her ropes-a
boulders instead of spinning right to avoid me that life is often mundane. But some- tragic, Melville-esque figure who will be
them. But the Powerhouse section-a thing àangerous like rafting offered a lost and never seen agaIn. "Where's
learner's run-comforts tragedy on the chance to take her life into her own Kathleen?" Steven asks. I think, My God,
small scale: Spill out of your raft at Ewing's hands. to momentarily control her des- she's dead. She's dead and it's my fault.
Rapid, and you can float to the river shore, tiny. "You're finally allowing yourself to (Later, over beers, Steven informs me I
walk a hundred yards and order a cold live," she said. actUally said those words out loud.)
beer and a chile relleno. Shell-shocked. we crawl the 50 yards
Easy access to Mexican food is nor on The lower Kern below Isabella Lake is up the bank and, miraculously, find
the list of reasons why I raft. Getting away not as comforting as the Powerhouse Kathleen, not dead but treed like a cat on
from Mexican restaurants is, as well as section: 20 miles of Class II and IV water a branch she'd had the presence of mind
from 7-Elevens, Cineplexes, Promenades drop through an isolated canyon that is to latch onto just before Ophelia cap-
and Old Towns; NeWt Gingrich; and news miles from the nearest Mexican restau- sized. Seeing we are still alive, she crawls
from Bosnia. There is a retired river guide rant. The river's first six miles of Class down to dry land. We walk and hobble
living in Kernville who says he was first III rapids. however, can be rafted sepa- the tWo miles out to the road and the
attracted as a teenager to rafting because rately. At a takeout named Sandy Flat, bright land of the living. Kathleen begins
of an image in his head-"moving on tUr- rafters can pull over and avoid the worst hitchhiking, but after hours and dozens
bulent water that carries you through a of the rapids downstream. We put in late of cars go by, it's clear we were meant to
wild setting." You can sense the warm hor- this morning with Sandy Flat in mind, survive the river only to die on the high-
monal swellings of adolescence in his behind a rubber armada of 12 commer- wav. Two ambulances pass us. A high-
description, but the thought still snags cial boats headed for {he bottom. The way patrolman checks oUt our broken
every generation. Older river guides sound lower Kern is "wild" compared with the forms from his cruiser and increases his
like Esalen-bred spiritual cheerleaders Powerhouse Run; Highway 178 shad- speed. Wilderness at last. .
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