HomeMy WebLinkAbout04/05/96
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B A K E R 5 F I ,£ L 0
MEMORANDUM
April 5, 1996
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: ALAN T ANDY~ ~t~R
SUBJECT: GENERAL INFORMA nON
1. Our water supply figure for the year is 113% of normal - two consecutive positive years.
2. We had our first annexation meeting in Casa Loma this week - it was sparsely attended, but went
in a positive way.
3. Our office is heavily involved in budget meetings with departments. The budget presentation
to the Council is scheduled for the first meeting in May. It should be a more positive document
overall than we have had in several years.
4) We received the second place award from the California Association for Local Economic
Development for the Holiday Inn project.
5) We have received a letter from the County confirming that they are aware of our plans regarding
the burn dump matter, specifically, the buyout plan and our application to the Department of
Toxic Substances Control for expedited remediation of the site.
A copy of the application that Kleinfelder submitted on our behalf to the DTSC is attached for
your information. The DTSC received it on March 27th, and it is under review by their
toxicologists and the project manager. ," .
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6) We have infonned the property owners on the blocks of 19th and 29th Streets of our intention
to replace the barriers on 19th St. with decorative traffic bollards and to .remove the barriers on
20th street, returning that block to two-way traffic.
7) A status report regarding our negotiation efforts with Sunland and PG&E for the Coffee Road
Grade Separation project is attached.
8) The County has given us their activity report on mandatory garbage collection. That
memorandum is enclosed from Public Works.
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I Honorable Mayor and City Council
April 5, 1996
Page 2
9) Attached is a response to a Council referral regarding the Traffic Impact Fee for a Lamppost
Pizza to be located at McNair Court and Gosford Road,
AT:rs
cc: Department Heads
Carol Williams, City Clerk,
Trudy Slater, Administrative Analyst
_~4/04/96 THtT 17: 36 FAX 805 328 1548- BFLD ECON & COD DEV +H CITY MGRS OFFICE ~ 001
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For more infonnation: April 4, 1996
David Lyman For immediate release
City of Bakersfield
805 326 3765
Hotel Project Wins Statewide Award
The City of Bakersfield's efforts to complete the Holiday Inn Select Convention Center Hotel
project were recognized by an award from the state's largest economic development
association. The California Association for Local Economic Development (CALED)
presented its 1995 Development Partnership A ward of Excellance to the City of Bakersfield
at its statewide conference in San Diego today.
"Fantastic, t. said Bakersfield Mayor Bob Price in his reaction to the award. "The city,
CDDA, and the entire community worked hard to turn around the Holiday Inn Select and
make it a positive project." Joining Price in accepting the award in San Diego were Yvonne
Cohrs, chair of the Central Distdct Development Agency (CDDA); CDDA vice chair
"Howdy" Miller; Bakersfield City Manager Alan Tandy; Economic Development Director
Jake Wager; and Mitch Van Wormer, manager of the Holiday Inn Select.
Only three communities statewide were awarded the 1995 Development Partnership Award of
Excellance which is given to those projects that exemplify the best of California's current
economic development efforts, Those communities were Bakersfield; Dinuba, for its
Patterson Dental Project; and Corona, for its Fender Musical Project. CALED specifically
recognized Bakersfield for its determination and creativity in making the hotel project a
reality.
Cohrs added that, "while we may be a small redevelopment agency, we do pride ourselves in
I doing quality projects, This award by CALED affirms our approach to revitalizing
! downtown. It
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04/04196 ~¡ 17:37 FAX 805 328 1548 BFLD ECON & COMM DEV ~~~ CITY MGRS OFFICE III 002
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HOTEL PROJECT WINS STATEWIDE AWARD
April 4, 1996
Page Two
Tandy echoed those comments by noting "it is very rewarding to receive recognition from
your peers in the economic development field."
The Holiday Inn Select opened June 1, 1995. According to Van Wormer, 'I because of our
location adjacent to the Convention Center, Bakersfield is attracting more conferences,
gatherings, and other events. It has certainly helped put Bakersfield on the convention map. II
CALED is a statewide organization representing over 350 public and private organizations
actively engaged jn economic development. Its awards were presented during its 16th annual
statewide conference. The actual award will be presented to the Bakersfield City Council at
its April 17 meeting.
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ENVIRONMENTAL HEALTH SERVICES DEPARTMENT RESOURCE MANAGEMENT AGENCY
STEVE McCALLEY, R.E.H.S., Director DAVIDPRICEIII,RMADIRECTOR
2700"M"STREET. SUITE300 engineering & Survey Services Department
BAKERSRELD, CA 93301 Environmental H..lthServices Department
Phone: (805) 862-8700 Planning Department
FAX: (805) 862-8701 Roads Department
March 29, 1996
Mr. Alan Tandy, City Manager
CITY OF BAKERSFIELD
1501 Truxtun Avenue
Bakersfield, CA 93301
RE: March 22, 1996 Letter in Response to March 1, 1996 Letter and Notice and Order
Dear Mr. Tandy:
I am in receipt of your recent letter as noted above. I appreciate your thorough review
and attention to detail. There are a number of issues raised in your response and it
clearly presents, what appears to be, some strongly expressed beliefs.
Based upon my reading of the letter, it is clear that we do not share the same views
regarding a number of issues and events related to the Bakersfield Sanitary Landfill bum
dump matter. For that reason, I do not intend to address each of the issues raised in
a detailed fashion at this time.
It is gratifying to note, however, that the City is intending to offer a buyout plan to the
affected residents. This effort, as we understand it, will then be followed by application
to the Department of Toxics Substances Control to pursue an expedited characterization
and remediation effort, for the site. We commend the City for this indication of forward
movement. It is also my hope that we can expect more detail to assist us in evaluating
this effort as it may be applicable to our March 1 correspondence and the deadlines
stated therein. '
Protecting the health and safety of the affected residents while identifying a scientifically
sound and cost effective remediation plan has been and' continues to be the objective
of the Environmental Health Services Department, serving as the Local Enforcement
Agency. We remain committed to this objective and will continue to support positive
efforts which moves toward its accomplishment.
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B A K E R S F T E L D
rUB1.IC WORKS DEPARTMENT
MEMORANDUM
TO: Alan Tandy, City Manager
FROM: Raul Rojas. Public Works Director
DATE: April 2, 1996
SUBJECT: STATUS REPORT - EXPEDITED REMEDIAL ACTION PROGRAM
FOR HISTORIC BURN DUMP REMEDIATION
The City's application for the Expedited Program was received by the Department of Toxic
Substances Control (DTSC) on March 27, 1996,
The application package, prepared by Kleinfeldcr & Associates, was split into 2 pieces by
DTSC staff. One piece is being reviewed by DTSC toxicologists and the other will be
reviewed by the Pro,ject Manager for the BSL project, Andy Palmer. (Mr. Palmer visited
the site during the week of March 22nd, on his personal time.)
Kleinfelder's project toxicologist, Sharon Quiring, said that the toxicology review period by
DTSC will hopefuUy be completed by April 12th. Kleinfelder will continue development
of the Work Plan to accommodate a quick turn-around upon completion of the review.
HM:hm
c: Kevin Barnes
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BAKERSFIELD
PUBLIC WORKS DEPARTMENT i
MEMORANDUM .1
TO: Alan Tandy, City Manager
FROM: Raul Rojas, Public Works Director~
DATE: March 22, 1996
. SUBJECT: STATUS REPORT - EXPEDITED REMEDIAL ACTION PROGRAM
FOR HISTORIC BURN DUMP REMEDIATION
The City's application for the Expedited Program was received by the Department of Toxic
Substances Control (DTSC) on March 27, 1996.
The application package, prepared by Kleinfelder & Associates, was split into 2 pieces by
DTSC staff. One piece is being reviewed by DTSC toxicologists and the other will be
reviewed by the Project Manager for the BSL project, Andy Palmer. (Mr. Palmer visited
the site during the week of March 22nd, on his personal time.)
Kleinfelder's project toxicologist, Sharon Quiring, said that the toxicology review period by
DTSC will hopefully be completed by April 12th. Kleinfelder will continue development
of the Work Plan to accommodate a quick turn-around upon completion of the review.
HM:hm
f!!J c: Kevin Barnes
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B A K E R S F I E L D
PUBLIC WORKS DEPARTMENT
MEMORANDUM
March 26, 1996
TO: Alan Tandy, City Manager
FROM: Raul Rojas, Public Works Direct r
RE: EXPEDITED REMEDIAL ACTION PLAN FOR THE BAKERSFIELDBURN
DUMP
The Kleinfelder Company and staff have completed the application package for this
program and sent it via overnight express. Please see the attached cover letter which was
used for the transmittal.
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March 26, 1996
File 21-336002 AOO
State of California
Environmental Protection Agency
Department of Toxic Substances Conn-ol
Region 1
10151 Croydon Way, Suite 3
Sacramento, California 95827-2106
Attn,: Mr. Adam Palmer
Subject: ERAP APPLICATION; CITY OF BAKERSFIELD FORMER BURN
DUMP, BAKERSFIELD, CA
Dear Mr. Adam Palmer:
On behalf of me City of Bakersfield (City). Kleinfelder is submitting the attached letter of intent,
copies of Health Risk Studies (May 2, 1994 and September 7, 1995), available laboratory data,
and Geologic and Hydrologic Assessments (December 10, 1992), prepared by Metcalf and Eddy
(M&E). It is intended that in aggregate M&E's data with this cover letter, will provide the
information typically included in the Preliminary Endangerment Assessment (PEA) report. We
have attached a copy of the PEA checklist with data directing you to which of M&E reports the
needed information can be found in. Information not presented or easily found in the M&E
reports is presented, as necessary, in this cover letter. Where possible, the data in this letter is
placed in a section formatted similar to the PEA checklist. Also, attached to this letter is a list of
the residents and available data.
EXECUTIVE SUMMARY
From 1943 to 1956. the City of Bakersfield operated a residential bum dump on the north edge
of the Panorama bluffs as indicated in the maps included in the accompanying reports (reports).
Prior to the burn dump, the area was open grazing land. From about 1915 to 1976, a residential
development consisting of 19 homes was constructed on a large portion of the area where
burning had previously occurred. Data contained in the reports indicate that burn material is
present in the soil below the homes and yards and outside the lots to the north. The historic
limits of the bum dump are generally bounded on the south by Panorama Drive, the landfill to
the north, and Boise Ave. and the landfill entrance road on the west and east, respectively. The
03-96-58 I Copyright 1996, KIeinfelder, Inc.
21-336002-AOO
Klt1NFELDER 1410 F Street. Fresno. CA 9]706-1608 [209) 486-0;'50
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,,- health risk reports indicate that direct contact and ingestion are the primary pathways of potential
'. exposure for the chemicals of concern (Cadmium, Lead, Nickel, and Dioxins). The primary
potential exposed populations include the current and future residents of the homes along the
bluffs. There is an insignificant potential for exposure to trespassers on to the landfill through
the same pathways.
SITE DESCRIPTION
The bum dump and the adjacent landfill are under the supervision of the City of Bakersfield's
Department of Solid Waste. The director of Solid Waste is Mr. Kevin Barnes. Mr. Barnes can
be reached at (80S) 325-3114. The Department is located at 4101 Truxrun Ave. Bakersfield,
California 93309.
BACKGROUND
The Landfill is located at 4200 Panorama Drive- The portion of the bum dump underlying the
residences is generally located betWeen 3500 and 3908 Panorama Drive. The land between 3500
and 3908 Panorama Drive is zoned residential. With the exception of the landfill area within one
half mile of the site is also zoned residential.
The regulatory status of the Class III landfill is that of an inactive landfilL The site has not
accepted waste since 1983. There are no cun-ent Waste Discharge requirements for the site. The
City and Kern County Department of Solid ,Waste have prepared a tentative fmal closure plan.
This closure plan will be reviewed by the Integrated Waste Management Board. The landfill gas
flare is under a permit to operate from the San Joaquin Valley Unified Air Pollution Control
District issued February 5,1996. No other permits are known to exist.
ENVIRONMENTAL SETTING
The bum dump is located on the top of an elevated bluff. Below the bum dump is the inactive
landf1ll. Elevations on the top deck of the landfill average 750 feet above mean sea level (msl).
The bum dump, residential lots and Panorama Drive range in elevation between 810 and 830
msl. Section 3.2 of M&E's 1992 report provides a detailed discussion of the site geology. The
nearest human resources are the residential lot directly adjacent and on top of the former bum
dump. It is our understanding that no school, day care center, hospital or other such facility
exists in the potentially exposed area.
FACTORS RELATED TO SOIL AND WATER P A THW A YS
Information relating to both pathways are discussed in both of M&E' s health risk reportS. See
the attached PEA checklist.
03-96-58 2 Copyright 1996, KIeinfelder, Inc.
21-336002-AOO
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Information relating to geology and hydrogeology are discussed in M&E' s 1992 report. See the
attached PEA checklist.
SAMPLING ACTIVITIES & RESULTS
Information related to sampling activities are discussed in both of M&E' s health risk reportS.
Page numbers and sections are not included on the PEA checklist due to the number of entries
necessary.
HUMAN HEALTH SCREENING EVALUATION
Information related to sampling activities are discussed in both of M&E)s health risk reports.
Page numbers and sections are provided on the attached PEA checklist where possible.
ECOLOGICAL SCREENING EVALUATION
No ecological screening evaluation has been perfonned for this site.
COMMUNITY PROFILE
Past public participation program (PPP) activities have included residential meetings and a
periodic news letter. Future public participation activities will continue to include update
meetings with residents, periodic news letter and other public meetíngs, as necessary- The extent
of the program will. to some extent, be directed by the DTSC under the Expedited Remedial
Action Program. Attached is information concerning past PPP activities. I
CONCLUSIONS & RECOMMENDATIONS !
Conclusions
Data presented in M&E health risk reports indicate that there is the potential for a threat to the
public health of the residents living in the homes constructed on top of the fonner bum dump.
To date, the City has provided interim mitigation measures (soil cover) to affected areas on City
property. The back yards of each home are landscaped and many have pools. The amOWlt of
exposed soil varies in each yard but is not likely to exceed SO percent of the total area. The
M&E health risk reports provide rational and supporting references for their conclusions-
Recommendations
It is Kleinfelder's opinion that there is sufficient cause, as indicated by M & E, to perform a full
Health Risk Assessment (HRA). The intent for this HRA is to provide a reflIled evaluation of
the potentíal risk and to develop an appropriate mitigation plan. The City will continue to
provide interim measures for bum material located on City property until a final mitigation plan
is approved by the DTSC and implemented.
03-96-58 3 Copyright 1996, Kleinfelder, Inc.
21-336002-AOO
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I ê, If you have any questions regarding this application or require additional information, pleases
call me at (209) 486-0750.
Respectfully submitted
KLEINFELDER, INC
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Attachments: Notice of Intent
PEA CheckliSt
ppp Summary
M&E GEOLOGICfHYDROGEOLOGIC ASSESSMENT
M&E May 2, 1994 BURN DUMP HEALTH RISK ASSESS:MENT
M&E September 7, 1996 SUPPLEMENTAL REPORT, BACKYARD
SAMPLES
03-96-58 4 Copyright 1996, KIeinfeIder, Inc.
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; STAn OF CÃlIFOR.NIA - CALIf"OR.N1A EI'fVIROMoŒNTAL PROTt:mON AGENCY DEPAJ.T7oofÐ(T OF' TOXIC SUBSTANŒS CONTROL
EXPEDITED 1lEr.ŒDIAI. ACTJOI'I P1UXiRAM .
NOTICE OF INTENT
The responsible party hereby submits this Notice of Intent and the attached complete PEA to
the Department pursuant to HSC sections 25396.5 and 25396.6. The responsible party
requests that the site idenûfied below be considered for remediation purS1W1t to ERAP. If the
site is selected for remediation pursuant to ERAI', the responsible party intends to be bound
by the requirements of ERAP. The responsible. party intends to enter into an enforceable
agreement with the Department pursuant to HSC section 25396.2(b). The responsible party
intends to pay all response costs not omerwisc paid by the Expedited Site Remediation Trust
Fund created pursuant to HSC section 25399.l(a).' - -.~-- - -"",----,:,".-.__.~,.--- -,""~ I .
The responsible pany cenifies that any information submitted in the PEA and wiÙ1. this Notice
of Intent is true and accurate to the best of its knowledge. .
Address of Site to be considered for remediation pursuant to ERAP
JUDY K. SKOUSEN
Printed name of Responsible
pany
CITY AT'IORNEY 3/25/96
Title Date
ORPHAN SHARE AGREEMENT
The responsible party, hereby agrees to pay for Ù1e orphan share at th ocated at
(site address), that c;anno aid by the state because of
insufficient funding in the Expedited Site Remediaùo Fund created pursuant to HSC
section 25399. 1 (a). The responsible party a 0 provide adequate foIms of financial
security to demonstrate the ability t such coStS, as determined by the Department of
Toxic Substances Control ent). A Notice of Intent has been submined. to the
Department for Ihi
Date
DTSC 1200 (MS)
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BOARD OF SUPERVISORS
April 2, 1996
Page 2
It is staffs belief that decertifying EHS as LEA would be a shortsighted move that would
result in significant cost and additional regulatory oversight affecting all solid waste
I activities conducted within the City by public and private organizations. We further believe
I that the full implications -of taking such an action are not generally known nor fully
understood by City staff and policy makers. It is for these reasons that staff testimony
should be authorized so that the City can base its actions upon a fuller understanding of
the implications to local taxpayers for this proposal.
THEREFORE, IT IS RECOMMENDED that your Board support the City's application to
participate in the Expedited Remedial Action,Program for Bakersfield Sanitary Landfill bum
dump -remed iatioo-and-a!.. Jtþ,orize~ -Resource - M 8nagemeRt-Ag ency-D¡ red or -to -8 tt end.. the
City Budget and Finance Committee meeting and present relevant testimony.
Sincerely,
~
David Price III
Director
DP:dc
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cc: County Administrative Office
County Counsel
City of Bakersfield
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RESOURCE MANAGEMENT AGENCY DA VID PRICE III, DIRECTOR
Engin_ring & Survey Services Dept. 8 Environmental Health Services Dept. 8 Planning Department 8 Roads Department
Phone: (805)~ 862-8800 2700 "M" STREET. SUITE 350
FAX: (805)~ 862-8801 BAKERSFIELD. CA 93301
April 2, 1996
Board of Supervisors
Kern County Administrative Center
1"115 TruXtun Avenue' - --- -- - -
Bakersfield, CA 93301
Re: Support Use of Expedited Remedial Action Program by City of Bakersfield for
Remediation of ~akersfield Sanitary Landfill Bum Dump and Authorize
Resource Management Agency Director to Address City of Bakersfield Budget
and Finance Committee on Local Enforcement Agency Designation (All
S.D.'s)
Funding: No Fiscal Impact
Dear Members of the Board of Supervisors:
The City of Bakersfield (City) has indicated its desire to utilize the Expedited Remedial
Action Program as its vehicle to address burn dump contamination issues related to the
Bakersfield Sanitary Landfill site. This program is designed to provide cost-effective and'
equitable remediation of contaminated properties through a voluntary effort. This new
program, currently in pilot project form, represents an. effort by the California
Environmental Protection Agency's Department of Toxic Substances Control to address
key economic issues associated with remediation and redevelopment of contaminated
properties. -
This new program would be linked with another new program, AB 2061 (Stats. 1993 Ch.
1184, codified at Health and Safety Code Section 25260 et seq.), which designates a lead
oversight agency that is granted exclusive authority to administer all laws and permitting
requirements regarding investigation and cleanup of the site. Staff believes that this new
. program represents an effort at streamlining the remediation process, because of its
coordination of all agencies involved in the process, and is an appropriate vehicle for this
remediation effort. Accordingly, staff asks your Board's support for this approach.
The City has also indicated an interest in considering the decertification of the
Environmental Health Services Department (EHS) as Local Enforce~2EJr:I:IFYr~~~,~);ffrr~1
the solid waste program. This matter is scheduled for cònsideratidn at tRël\Øi~s BYdget j
and Finance Committee meeting of April 8, 1996. I r . I,
, L'PR - I 1996 I
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B A K E R S F I E L D
Economic and Community Development Department
M E M 0 R A N D U M
April 1, 1996
TO: Alan Tandy, City Manager @
FROM: Jake Wager, Economic Development Director
SUBJECT: DOWNTOWN STREET BARRIERS - REVISE MUNICIPAL CODE
RETURN 20TH STREET BIW L & M STREETS TO TWO- WAY TRAFFIC
Our department has been requested to address the removal or replacement of the steel street barriers in the
downtown area. We have surveyed the property owners on two blocks we felt may wish to remove the barriers
and return to two-way traffic flow. One block (19th Street b/w G and H streets) was opposed to returning the
block to two-way traffic. The other block (20th Street b/w Land M streets) was in favor of removing the
barriers and returning the block to two-way traffic.
We informed the property owners on each block of the city's intentions. On the 19th Street block, we are
budgeting in 1996-97 to replace the barriers with decorative traffic bollards. On the 20th Street block, we will
remove the barriers and return the block to two-way traffic. Attached are copies of both letters we recently sent
to property owners.
,\We have requested the Attorney's Office to revise the Municipal Code to eliminate the 20th Street block from
the Central Parking Mall ordinance. The revision to the Municipal Code may go before the Council for approval
at their April 17th meeting.
If you have any questions or comments please call.
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B A K E R 5 F I E L D
March 27, 1996
Liv Miranda & Tate Liv, Trustees
5445 West Sunset Blvd.
Los Angeles, CA 90027
RE: 1721 19TH Street, Bakersfield
Dear Ms. Miranda,
Thank you for your response to our recent proposal to return the 19th Street block between
G and H streets to two-way traffic and parallel parking. The majority of property owners on
that block were opposed to removing the barriers and the diagonal parking spaces. As such,
we will budget for replacing the barriers with decorative traffic bollards during the 1996-97
fiscal year.
Thank you again for taking the time to respond to our proposal. We will continue to assist
in the improvement of downtown.
Sincerely, Jc -J1
John F. Wager, Jr.
Economic Development Director
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City of Bakersfield. Economic and Community Development Department
515 Truxtun Avenue. Bakersfield. California 93301
(805) 326-3765 . Fax (805) 328-1548 . TOO (805) 324-3631
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B A K E R 5 F I E L D
March 27, 1996
Mrs, Cirila Castro
5000 Greenbriar A venue
Bakersfield, CA 93306
RE: 1201 20TH Street
Dear Mrs. Castro,
Thank you for your response to our recent proposal to return the 20th Street block between
Land M streets to two-way traffic and parallel parking. The majority of property owners on
that block were in favor of removing the barriers and the diagonal parking spaces. As such,
we will begin the process to remove the barriers, restripe the parking, and return the block to
two-way traffic.
Thank you again for taking the time to respond to our proposal. We will continue to assist
in the improvement of downtown.
Sincerely, À=~
John F. Wager, Jr.
Economic Development Director
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City of Bakersfield. Economic and Community Development Department
515 Truxtun Avenue. BaKersfield. California 93301
(805) 326-3765 . Fax (805) 328-1548 . TOO (805) 324-3631
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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, PUBLIC WORK DIRECTOR ~
DATE: APRIL 2, 1996
SUBJECT: COFFEE ROAD GRADE SEPARATION UPDATE
Coordination efforts with Sunland relative to relocation of their affected facilities are
progressing. It now appears Sun land will require some access to the roadway area for
installation of vapor extraction wells. This should not interfere with project construction or
operation.
PG&E has proven to be a major obstacle to completing the preliminary work. They are
excellent at stalling. Their bureaucracy is second to none. At one time it appeared good
progress was being made. That progress was illusory. The Separation of Grade District
is now filing an action in Eminent Domain. Possession will be about July 1 1996. PG&E
has many facilities to relocate and some contamination to mitigate before construction can
occur. This easily could delay advertising beyond the anticipated early May notice to
contractors. (A right of entry and cooperation from PG&E would be required.)
Current optimistic project schedule is :
Advertise 5-1-96
Award Contract 6-12-96
Begin Construction 8-1-96
Complete Construction 8-1-97
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B A K E R S F I E L D
PUBLIC WORKS DEPARTMENT
MEMORANDUM
TO: Alan Tandy, City Manager
FROM: Raul Rojas, Public Works Directo~
DATE: March 22, 1996
SUBJECT: STATUS REPORT - MANDATORY COLLECTION IN COUNTY AREAS
Per Daphne Washington:
1. County staff is continuing discussions with Bob Bovee and individual Board
members. The major sticking point relates to cost-efficiency problems expressed by
the contract refuse haulers, in certain areas.
2. The selVice level recommended by County staff mirror those in the city, as noted in
the Metropolitan Solid Waste Subcommittee on Friday, March 29th.
3. County staff is developing an outline for a draft report that they will present at the
April 12, 1996, Advisory Committee meeting. By the end of April, County staff will
submit their draft report to the Solid Waste Management Advisory Committee and
Local Task Force (SWMAC). After input is received from SWMAC, the final report
will be presented to the Board of SupelVisors.
HM:hm
&c: Kevin Barnes
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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~
DATE: April 3, 1996
SUBJECT: Traffu: Impact Fee - Lamppost Pizza -
CouncüReferralNo. WFOOO8216/001
*********************************************************************************************
A complaint was recently received by Councilperson DeMond (Ward 2) regarding the Regional Traffic Impact Fees
estimated for a retail building located at the comer of McNair Court and Gosford Road (Ward 4). The complaint was sent
by Mr. Olen W. Arnold, President of Lamppost Pizza (see attached letter). Evidently, Mr. Arnold received an estimate of
fees for this project:&om the Building Department on September 13, 1995 which estimated Public Works Department fees
(traffic and sewer) at $64,806.24. It is not clear how many sewer fixture units or what traffic generation factors were used
by the Building Department for calculating this estimate. We have contacted them and they have no records or explanations
for how the estimate was detennined,
Therefore, the following presents a new estimate for the Regional Traffic Impact Fees for this project. Mr. Arnold's letter
identifies the project as a retail facility having an area of 9200 square feet. As Mr. Arnold represents Lamppost Pizza, it is
assumed that the entire project will contain a pizza type eating establishment, which would be classified as a "high turnover
(sit-down)" type of facility (turnover ofless than an hour) which is listed (on attached Chart A) as generating 205 average
daily trips (ADT) per 1,000 square feet of gross floor area. This traffic generation value is listed in the lIE Trip Generation
Manual, and is based upon compilation of previous traffic studies perfonned for this type of use. The fee per trip (Chart B)
would be $39.00 for a square footage less than 10,000. The calculation follows:
9200 Sq. Ft. x 205 ADT x $39,00 = $73,554.00
1,000 Sq,Ft ADT
This calculation assumes that the entire building will be a pizza type eating establishment. As shown on Chart A, this type
ofuse is one of the higher traffic generators, If a portion of the building has a different use, then the traffic generation and
resulting fee could be significantly lower depending upon the use and the colTesponding square footage of that use.
If Mr. Arnold believes the amount of traffic generation calculated for detennination of this fee is higher than actually exists
with similar facilities he operates, then additional data and infonnation could be presented to support the use of a different
traffic generation value for this building. Niagara Car Wash recently did this type of submittal when they contested the traffic
generation projected for a new car wash facility they were proposing. Their submittal consisted of their certified accounting
records which indicated the number of car washes, employees, etc. at their existing facilities. Based on this submittal, a
revised traffic generation value was detennined for their new facility.
The sewer fees would be additional and would be dependent upon the amount of plumbing fixture units shown on the plans
for the building.
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March 12, 1996 LAMPPOST
PIZZA
Councilperson Pat DeMond
Bakersfield City Council
1501 Truxtun Ave.
Bakersfield, CA 93301
Dear Councilperson DeMond:
I have just received the estimated fees for an approximately 9200 sq, ft. retail facility that I intend
(intended) to build at Gosford and McNair Court. I am flabbergasted and appalled at the $63,000.00
plus number quoted for traffic impact fees. All off site improvements required have already been
installed at private enterprise expense.
How does government even attempt to justify such outrageous fees when developers are required
to pay for off site improvements anyway?
This whole process appears to me to be a very obvious revenue generating exercise that is clearty
very general in scope-also very dearty in violation of the law requiring such fees to be site-specific.
This requirement was recently affirmed by the California Supreme Court.
Now I'm informed that joint City and County staff studies are underway for an attempt to unify this fee
structure at a level that would approximately double these fees,
Where does it all end? The rhetoric that I hear repeatedly spouted of "business friendly" local
government sounds awfully hollow when matched against such unconscionable practices.
I ask each of you to try to place yourself in the shoes of a small business owner who decides to
expand. His business buys a lot, designs a facility-then gets leveled by a fee structure that adds
25% to the cost of the lot or 20% to the cost of the building!
I further ask you to re-examine this whole revenue generating fee structure first for its moral
bankruptcy and secondly for its legality. I think you will find it fails both tests.
Regards, t
éÛ-~
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Olen W. Arnold
President
OWAlklm
cc: Kern County Board of Supervisors
Kenneth Kind, Attorney at Law
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Chart A
4
5
7 I
1 2/b8d
3/becb
- ------ ---
:. ADTPer.:::::,.. Ch t A
:""'...'..:.":""""" ar.
Unit uâtêéi
2.4/student
1.3/student
1A/student..
::Ltlstuci8nÞ:::
4.7/stlJc ent.
600
9
16 82
ad1IIaIa.wk1
NOTES:
Use higher number of total trips where more than one criterium is given for trip rates (e,g. - per 1.000 sq.fl and per acre).
A"trip" is II single or one-direc:tional vehicle movement with either the origin or destination
inside II study site, A "trip end' is equal to one trip,
A service station has service bays. a convenience store does not.
. No additional fee charged for restaurants. offices, etc. if they are II part of the hotel operation.
. A "pump" is considered to be II single dispenser unit. If a unit is capable of serving two vehicles at once, it is considered
to be two "pumps". If the island configuration is such that it limits the number of cars servoci to four even though there are
eight dispenser units, than that configuration is considered to be four .pumps.,
Source: Institute of Transportation Engineers. TRIP GENERATION, 5th Edition:
ITE: Washington. 1991
Chart B
8 $39
9 $251
10 $28 i
11 $311
121 $351
13 $441
14 $531
15 $641
16 $71
.
.:
'0 City of Bakersfield *REPRINT*
~OI3-.I<,REQUEST PAGE 1
REQ/JOB: " 'WFOO,08216 J 00 I PROJECT: DATE PRINTED: 3/22/96
",-, - ,- '- \ REQUEST DATE: 3/20/96
CREW: SCHEDULE DATES
STAR'!': 3/20/96
LOCATION: COMPLETION: 4/03/96
GEN. LaC: WARD2 FACILITY NODES
FROM:
FACILITY ID: TO:
REF NBR: COUNCIL :::i'l'M'l'
REQ DEPT: CITY COUNCIL REFERRAL PRIORITY: HIGH
REQUESTOR: REFERRAL - DEMOND ORIGIN: CITY COUNCIL REFERRAL
WORK TYPE: REFERRAL
DESCRIPTION: TRAFFIC IMPACT FEES
-------------------------------------------------------------------------------
-------------------------------------------------------------------------------
CONTACT
OLEN W. ARNOLD, PRESIDENT Phone 1 805 - 3999147 ~ ~
LAMPPOST PIZZA Phone 2 -
2100 N. CHESTER AVENUE
BAKERSFIELD, CA 93308
-------------------------------------------------------------------------------
-------------------------------------------------------------------------------
I REQUEST COMMENTS
***REFERRAL TO PUBLIC WORKS DEPT.***
DEMOND REFERRED CORRESPONDENCE FROM OLEN W. ARNOLD
LAMPPOST PIZZA REGARDING TRAFFIC IMPACT FEES.
***STAFF CAN PICK UP THE CORRESPONDENCE IN THE
CITY CLERK'S OFFICE***
I ~~~=~~~~~~~~==~================~=================~======~~=====~~=============
JOB ORDER DESCRIPTION: TRAFFIC IMPACT FEES
TASK: RESPONSE TO REFERRAL
ASSIGNED DEPARTMENT: PUBLIC WORKS
~==~~=~===========~==================~~===================~=====~==============
START DATE _I _I - COMPLETION DATE _I _I -
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B A K E R S F IE L D
Economic and Community Development Department
M E M 0 R A N D U M
March 29, 1996
TO: Alan Tandy, City Manager @
FROM: Jake Wager, Economic Development Direct r .
SUBJECT: Implementation of new graffiti eradication procedures - Moreno
Valley
As per your direction, on Monday, March 25, 1996, several representatives from Public Works,
Code Enforcement, Attorney's Office, Police Dept., and ED/CD, met to plan the implementation
of the previously proposed graffiti eradication procedures similar to the City of Moreno Valley's.
The following elements were identified for immediate action:
* Public Works Department will acquire two self-contained paint trucks with computerized
capability of paint matching.
* A Community Volunteer Patrol program will be established. The Police Deparunent will
write a Community Volunteer Patrol policies and proc~ures manual.
* Police Deparunent will recommend that two police officers be assigned to graffiti and be I
. 1
in charge of the Community Volunteer Patrol program (one on each side of town).
* The Attorney's Office will coordinate the Cost Recovery procedure.
* Graffiti Program staff will send graffiti work orders via computer (subject to the
planned-for linkage of the City's computer system).
On Tuesday, April 16, 1996, the group will meet again to review progress on implementation
steps. Information regarding all developments will continue to be submitted to you as we
progress.
In addition, the group has discussed declaring the City of Bakersfield a Zero Graffiti Tolerance
City. The group will be discussing this topic further to determine its value in eradicating graffiti.
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MAYOR'S ECONOMIC DEVELOPMENT DISCUSSION GROUP
MARCH 19, 1996 MEETING
MINUTES
Present: Mayor Bob Price Vice-Mayor Pat DeMond
Jackie Belluomini Ann Gutcher
Greg Whitney Jake Wager
Deloris Slade Ray Bishop
Guests: Linda Nelson, American Eagle
Paul Diener, _American Eagle
Pat Carr, American Airlines
Mayor Price said the BNSF is resisting some of IMl's requests. Also, no notification
was given of a change in the hours of the ramp's operation. A trial load with Phillips
Lighting will be conducted later this month. As of now, the ramp is open until
October 1 st of this year.
Mayor Price said Employer Training Resource's budget for the Summer Youth
Employment Program has been eliminated. Ray Watson, Chris Frank and Pete Para
asked him to help them put together a group to carryon that program through the
private sector. They met three weeks ago and selected April 9th for a hosted
breakfast at Stockdale Country Club. Business people and representatives of
governmental agencies will be invited to see if the private sector will be willing to take
this over. The Senate has put 75% of the funding back into the program, but plans
are going ahead anyway because it needs to be supported by the community when
all funding is eliminated. Some members of the discussion group will be receiving
invitations to the breakfast.
Jake said Pat DeMond arranged a meeting with Senator Costa who is interested in
improving competitiveness in the incentive area, and he agreed to sponsor SB 2023
(handout distributed by Jake). Hearings will start in early April. Jake is working to
garner support. KEDC granted theirs as has the California Association of Local
Economic Development. He is going before the Chamber of Commerce on March
29th to ask for their support. If they support the bill, he will ask them to lobby the
statewide chamber for their support.
--
Jake gave a report on the tree planting project in southeast Bakersfield. On April
27th approximately 400 - 500 trees, donated by Texaco, will be planted in various
locations throughout southeast Bakersfield. Anyone wishing to help can contact
John White at 862-5050.
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Mayor's Economic 2 March 19, 1996
Discussion Group
Ray Bishop, Director of Airports for Kern County introduced his three guests, Pat
Carr, Linda Nelson and Paul Diener. They are working to make the fares from
Bakersfield more attractive in an effort to retain locally the large number of people
who are now driving to Los Angeles.
There will not be a meeting in April. Thè next meeting will be Monday, May 6 at
12:00 noon in the Bank Room at the Convention Center. Since Tuesday seemed
to be difficult for many people, we will try Monday.
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RESOURCE MANAGEMENT AGENCY DA VID PRICE III, DIRECTOR
Engin_rlng & Survey Services Dept. 8 Environmental Health Services Dept. 8 Planning Department 8 Roads Department
Phone: (ðO5)~ 862-8800 2700 "M' STREET. SUITE 350
FAX: (805)~ 882-8801 BAKERSFIELD. CA 93301
¡
April 2, 1996
Ms. Pat DeMond, Chairman
Budget and Finance Committee
Bakersfield City Council
, 1501 Truxtun Avenue
Bakersfield, CA 93301
Dear Chairman DeMond:
It is my understanding that the Budget and Finance Committee will be considering the
issue of decertifying the Kern County Environmental Health Services Department as the
City's Local Enforcement Agency at its meeting of April 8, 1996.
This is issue is of interest to the County and I have been directed by the Kern County
Board of Supervisors to share information with your Committee regarding this matter. I am
therefore requesting the opportunity to be heard by the Committee next Monday or at any
other time to which this matter might be continued.
Thank you for your consideration of this request and I look forward to meeting with the
Budget and Finance Committee on this important issue.
Sincerely,
~~
David Price III
Director
cc: Mr. Alan Tandy - City Manager
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