HomeMy WebLinkAbout03/19/93 BAKERSFIELD
MEMORANDUM
March 19, 1993
TO: HONORABLE MAYOR AND CITY COUNCIL ~?.
FROM: ALAN TANDY, CITY MANAGER '
SUBJECT: GENERAL INFORMATION
1. As I cautioned a week or so ago, we did have to terminate our agreement
with Pen'Comp, relative to the Section 125 Plan. We are working on finding
a new carrier and have, on an interim basis, assumed the function for
processing those claims out of the Personnel Division.
2. Regrettably, the.big news of the week is that the sales tax information was
received, verbally, for the third quarter of the fiscal year. It resulted
in no change in the trend established by the first two distribution checks.
It translates into a $3 million shortfall with respect to budget
projections by year end. That is exactly the amount that was projected
after the first quarter sales tax distribution was received. In terms of
its meaning On the budget under preparation, it is, of course, a negative
and we are dealing with a more severe scenario than any of us would like
to.
3. There is a memo'enclosed from Ed Schulz dealing with the issue of when'it
is appropriate to raise policy questions in regard to. maintenance
districts. Basically, it is an argument that, if you wish to change policy
with respect to funding or creation of maintenance districts, that needs to
be done in a different time frame than when the district is being created.
It needs to be done on a policy basis so that we do not get.to the point of
district creation. Otherwise~ we are at risk of damaging property owners
and land owners, inadvertently,.when %hey have already made financial and
other commitments to the project.
4. I am sure you will all continue to get input on the Bike Path. I sent you
out, earlier in the week, a copy of a.response to a rather outrageous
letter we received from an attorney of property, owners, protesting either
alignment along the canal. They may be moderating their position and,
based on a more reasonable submission (enclosed), we are meeting with them
Friday afternoon. We will have the latest information for you at the
Council Meeting. ~
5. With the budget meetings and doing liaison with the depar'tments, the
unions, etc., you may see some slippage in our responsiveness, time wise,
to some issues that have been referred to us. We will do the best we can
but, please remember that we are short a couple of management staff and do
not have the new Assistant City Manager position which replaces the two
previous ones in place yet.
HONORABLE MAYOR AND CITY COUNCIL
March 19, 1993
Page -2-
6. As you probably saw in the paper, domestic water rates, as a result of
Water Board action, will be going up 4% in those areas directly served by
the City.
7. Some development issues:
,a. Smith's Grocery has had a site plan approved in the northeast.
Part of. the project will be on the old J.C. Penney building and part
south of College subdivision.
b. The plan check has been completed on the State Farm building and
eight pages of comments sent back to them.
c. HomeBase at Colony has had its building permit issued.
8. We think we should propose resident discounts on our recreation programs as
a polite way of saying County residents should pay more. We will be
working on a proposal at staff level.
9. You will find an interesting memo enclosed discussing projections for water
flow in the Kern this year!
10. Negotiations on the Habitat Conservation Plan have, again, taken a turn for
the worse. We need your help in going political on it. We also want to
backcharge the fund for wasted staff time over the last two years. The
State bureaucracy is'deep, and highly unresponsive!
AT.alb
Enclosures
cc: Department Heads
City C1 erk
M E M O R A N D U M
MARCH
18,
1993
FROM:- GREGORY J. KLIM O, FINANC CTO'
SUBJECT: SALES TAX UPDATE 1992-93
Through the efforts of Bill Descary, City Treasurer, we were
able to obtain the sales tax quarterly/makeup information for
the quarter ended December 1992. The approximate $3,002,231
revenue shortfall estimated in my last memorandum concerning
sales tax of December 1992 is now confirmed. The sales revenue
detail and related revised estimate for this fiscal year are
reflected on the attached schedules and summarized below.
The 1992-93 adopted is $1,033,494 or a included an estimated
sales tax of $27,500,000 which is $1,033,494 or a 3.9% increase
over the actual $26,466,506 realized in 1991-92. My revised
estimate for 1992-93 is $24,497,769 which is $1,968,737 or
7.44% less than last year's actual. Combined these represent
a $3,002,231 or 11.34% unfavorable budget variance (revenue
shortfall).
Adopted Budget 1992-93 $27,500,000 103.90%
Increase Not Realized 1992-93 (1,033,494) (3.90%)
Actual Revenue 1991-92 26,466,506 100.00%
Estimated Decrease 1992-93 (1,968,737) (7.44%)
Revised Estimate 1992-93 $24,497,769
SUMMARY
Increase Not Realized 1992-93 ($1,033,494)
Estimated Decrease 1992-93 ( 1,968,737)
Estimated Shortfall 1992-93 ($3,002,231)
krc
MGJK. 16
Attachment
CiTY [~ANAuER~
City of Bakersfield Exhibit B-1
General Fund
Sales Tax Analysis
1986~87 - 1992/93
Fiscal
Year July - Sept Oct - Dec Jan - Mar Apr - June Increase
1986-87
Quarterly 4,989,440 5,495,365 4,719,057 5,200,804
Cumulative 4,989,440 10,484,805 15,203,862 20,404,666 '238,901
% of Total 24.45% 51.38% 74.51% 100.00% 1.1 8%
1987-88
Quarterly 5,250,914 5,076,688 5,556,392 4,826,267
Cumulative 5,250,914 10,327,602 15,883,994 20,710,261 305,595
% of Total 25.35% 49.87% 76.70% 100.00% 1.50%
1988-89
Qua~erly 5,580,455 6,167,002 6,048,610 5,826,454
Cumulative 5,580,455 11,747,457 17,796,067 23,622,521 2,912,260
% of Total 23.62% 49.73% 75.34% 100.00% 14.06%
1989-90
Quarterly 5,600,542 6,591,992 6,006,652 5,911,802
Cumulative 5,600,542 12,192,534 18,199,186 24,110,988 488,467
% of Total 23.23% 50.57% 75.48% 100.00 % 2.07%
1990-91
Quarterly 6,398,078 6,677,371 6,428,163 6,102,981
Cumulative 6,398,078 13,075,449 19,503,612 25,606,593 1,495,605
% of Total 24.99% 51.06% 76.17% 100.00% 6.20%
1991-92
Quarterly 6,733,130 6,889,525 6,558,221 6,285,630
Cumulative 6,733,130 13,622,655 20,180,876 26,466,506 859,913
% of Total 25.44% 51.47% 76.25% 100.00% 3.36%
Quarterly 6,289,311 6,283,919 6,106,472
Cumulative 6,289,311 12,573,230 18,679,702 !iiiiiiiiiiiiiii!iiiii!!!~i~iiiiii (1,968,737)
% of Total 25.67% 51.32°/o 76.25% ~i~i~i~:~:~:~:~ ~!~ ~ -7.440/0
Sales tax for a month is received about the 20th of the following month (i,e, sales tax for Sept. is received in Oct.),
Prepared By: JJ Ellis
Prepared On: 03116193
File Name: EXHBI.WK1
Disk: GK
City of Bakersfield
Sales Tax Revenues
1990-91, 1991-92 and 1992-93
1990-91 1991-92 1992-93
For the Monthly Quarterly Cumulative · Monthly Quarterly Cumulative Monthly Quarterly Cumulative
month of* * Advance Residual Total Advance Residual Total Advance Residual Total
· June $ 2,119,200 $ $ 2,119,200 $ 2,327,100 $ $ 2,327,100 $ 2,496,300 $ $ 2,496,300
JUly 1,756,800 765,278. 4,641,278 1,762,900 880,230 (B) 4,970,230 1,866,400 60,211 4,422,911
August 1,756,800 6,398,078 1,762,900 6,733,130 1,866,400 6,289,311
September 2,342,500 8,740,578 1,997,900 8,731,030 2,488,500 8,777,811
October 1,888,800 557,271 11,186,649 1,812,500 1,266,625 11,810,155 1,984,000 . (101,281) 10,660,530
November 1,888,800 13,075,449 1,812,500 13,622,655 1,912,700 12,573,230
December 2,518,300 15,593,749 2,416,600 16,039,255 2,550,200 15,123,430
Jan uary 1,588,200 733,463 17,915,412 1,612,700 916,221 18,568,176 1,624,100 365,872 17,113,402
February 1,588,200 19,503,612 1,612,700 20.180,876 1,566,300 E 18,679,702
March 2,117,500 21,621,112 2,150,300 22,331,176
April 1,748,300 491,881 (A) 23,861,293 1,903,300 359,830 24,594,306
,, May 1,745,300 25,606,593 1,872,200 26,466,506
Totals $ 23,058,700 $ 2,547,893 $ 25,606,593 $ 23,043,600 ,$ 3,422,906 $ 26,466,506 $ $ $
* *Paid tothe city the 15th - 20th of the second month following the month of sale.
· (A) Received $26! ,364 more Ir Prepared
By:
JJ
Ellis
(B) Received $261,364 less
~ IPrepared On: :: 03/18/93
(E) Estimate [ File Name: EXHB2A:WK1
I Disk: GK
B A -K' E R S F I E L D
PUBLIC WORKS DEPARTMENT
,. MEMORANDUM/~
TO: ALAN TANDY, CITY MANAGER '(~
FROM: ED SCHULZ, PUBLIC WORKS DIRECTOR
DATE: MARCH 12, 1993
SUBJECT: MAINTENANCE DISTRICT FORMATION
Under the current City Council adopted policy, we cannot
accept maintenance of street landscaping or park improvements
unless a funding mechanism such as a maintenance district is
created to maintain such improvements.
Recently, two Maintenance Districts appeared before the
City Council only to be deferred indefinitely. One district was
referred to the Urban Development Committee and one district was
tabled due to a lack of a motion.
This action, with respect to the formation of maintenance
district, is impacting the City by forcing the City to carry the
burden of. additional costs as well as the work involved with
upholding the City's obligation to form maintenance district for
subdivisions where park and landscaping improvements are required.
The City's adopted Park Plan and street landscaping
standards r~quire that a subdivider/developer construct or provide
funding for construction of street landscaping improvements on
major streets and parks. Typically, the street landscaping or park
improvement requirements are placed as a condition on a subdivision
at the tentative map stage which is heard and approved by the
Planning Commission. Once the subdivision map is approved by the'
City Council and recorded, it is the responsibility of the City to
follow through with the actual formation of the district. By not
following through With district formation procedures, the City is
not fulfilling its obligation to the subdivider/developer.
Our options with respect to this problem are limited.
One option would be to not require the subdivider to form a
maintenance district, this would at least relieve the City's
obligation to the subdivider, but this would also mean eliminating
the present standards for subdivider landscaping or park
improvements in their subdivisions.
Page 1 of 2
Currently we are working on including, as a condition of
the subdivision, that the subdivider pay all costs associated with
the formation of the maintenance district. This will help to
reduce the overall homeowner cost for the maintenance districts,
however, it will still m~an a City obligation to form the
districts.
In summary, the decision whether to form a landscape
maintenance district or to add territory to an existing district
has to be made at the tentative map stage primarily because that's
when the decision is made 'to require landscaping to a subdivision
or development.
Page 2 of 2
MEMORANDUM
March 18, 1993
TO: ALAN TANDY, CITY MANAGER
FROM: GENE BOGAR~,/D~IRECTOR OF WATER RESOURCES
SUBJECT: WATER IN KERN RIVER' CHANNEL~
As a result of the increasing statewide snowpack (see
California snowmelt map), State Water Project supplies that
serve urban Bakersfield will be aVailable for spreading in the
Kern River Channel this year. This water will be diverted
from the California aqueduct via the Cross Valley Canal and
delivered into the Kern River Channel at the following
locations:
1) Golden State Avenue
2) Upstream of Truxtun Lake
3) Upstream of Stockdale Highway Bridge
4) City 2800 acre recharge facility
This week State Project water began flowing in the Kern
River Channel for groundwater recharge. As we move further
'into the irrigation season, Kern River flows will be added
until peak flow in the channel is reached this summer. For
reference, the attached "KERN RIVER FLOW CHART" (125% of
Normal) can be used as a guideline for Kern River operations
this year.
GB:af
Attachment
WTR. KRC
FORECAST OF APRIL - JUL_Y_.'_'
UNIMPAIRED SNOWMELT~ :iRUNOFFj
MARCH 1, 1993
= = LEGEND
SCOTT D 100% -' RUNOFF FORECAST IN PERCENT OF NORMAL
UPPER SACRAMENTO 112%
N
FEATHER 152%
YUBA 1t --TRUCKEE 149%
133%
AMERICAN )N 137%
COSUMNES KER 136%
MOKELUMNE MONO 134%
STANISLAUS OWENS 136%
TUOLUMNE
MERCED
SAN JOAQUIN
% .
KINGS
KAWEAH 141~ L I
TULE KERN 130%
' ' * FORECAST BY DEPARTMENT OF WATER AND POWER, CITY OF LOS ANGELES
SUMMARY OF WATER CONDITIONS
March 1, 1993
February marked the third consecutive· month of much above average precipitation, assuring a good water
supply year. The snowpack continued to gain at a pace about double normal for the month. The
improvement in reservoir storage, coupled with the largest snowpack in ten years, was enough to officially
end the California drought of the past six years.
Forecasts of April through July runoff are about 40 percent above average due to the heavy snowpack,.
assuming normal future weather. Forecasted water year runoff percentages are less than spring snowmelt
runoff, but are generally over average.
Snowpack water content is the most since 1983. Snow densities are less than a month ago because of the
· addition of much fresh snow during the last half of·February. The seasonal accumulation is approximately
180 percent of normal and 160 percent of the April 1 average. The snowpack was 70 percent of average
at this time last year.
Precipitation during February was around 160 percent of average, ranging from near normal on the North
Coast to far above average in Southern California. Seasonal precipitation statewide is 155 percent of
average, unchanged from a month ago. Last year seasonal precipitation stood at 85 percent.
Runoffin February was exactly average for the month statewide. But runoff ranged from about 55 percent
in the North Lahontan area to over 360 percent on the South Coast. Runoff to date since October 1 is about
95 percent of average, much better than the 40 percent one year ago.
Reservoir storage continued to improve during the month and now stands at 85 percent, 5 million acre-feet
higher than a year agO. The low 15 percent amount in the North Lahontan area is because Lake Tahoe,
the area's major reservoir, is still below its natural rim.
SUMMARY OF WATER CONDITIONS
IN PERCENT OF AVERAGE
PRECIPITATION MARCH 1 MARCH 1 RUNOFF APR-JULY WATER YEAR
HYDROGRAPHIC AREA OCTOBER 1 SNOW WATER RESERVOIR OCTOBER 1 RUNOFF RUNOFF
TO DATE CONTENT STORAGE TO DATE FORECAST FORECAST
NORTH COAST 115 155 60 90 120 95
SAN FRANCISCO BAY 150 -- 120 160 ....
~U..N..~..C. 9.~S..~ ..................................... ~9 ................................. :: ....... j... ................ ~ ........................... Z~0 ................................... :: ...........................
SOUTH COAST 240 -- 150 430 ....
SACRAMENTO BASIN 140 175 ' 90 95 135 110
S.....~.....J.Q6~..B....A.~! ................................ !.5~ .................. ' ............ t.~ ........................... 7~ ........................... ~.~ ............................... !.~9 ........................
~.~.~.~: ........................... .~.~0 ............................. :~9~ ........................... ~ ............................ ~.~0 .............................. ~,.~ ....................... ~.~
NORTH LAHONTAN 150 175 15 45 140 115
SOUTH LAHONTAN 215 175 85 65 135 110
~..L.9,R.A..~ .p.E. ~.E.,R..T. ............................... 3.:~5. ................. : ........ -- -- :: :.-. ........................
STATEWIDE 155 180 85 95 140 120
1
KERN RIVER FLOW CHART
"PR[SENT" .:ff£/~/~/wl~/$r~r~ oP£f~ar/o/vs.;
Fr~woy
cofr~. "~" ~ I ~
Stoc~d~le Rd
Hwy
Bellevue Weir ,PBOFI~ Vl~ OF KEBN BlVd:
Weir
STOCKDALE 25% of Normal Runoff 50O/o of Normal RunoH 75°/0 of Norms! Runoff
HWY
COFFEE
RD
FREEWAY
CHESTER
~OR - , ,
I00°/o of Nor~l ~noff ~ i25O/o of ~r~l ~noff~. 150°/o of Norm/Bunoff
ST~KDALE
HWY
COFFEE
RD
"99" ~ .
CH~R
AVE ~
ST J F M A M J J 'A S O N D J F M A M J J A S O N D J F M A M J J A S
The I~% ~ N~mol Runoff Shown Above
Repre~nts the "Typicel" Woter Supply
co~. u=~ ~or ~, ,~r~.o~ ~=~=~s.
BAKERSFIELD
PUBLIC WORKS DEPARTMENT
MEMORANDUM
TO: COUNCILMEMBERMARKC- SALVAGGIO, WARD 7
FROM: ED W. SCHULZ, PUBLIC WORKS DIRECTOR ~.
DATE: MARCH 12, 1993
SUBJECT: CASTRO LANE CURB & GUTTER
PANAMA LANE/SO. "H" STREET SIGNAL
Per your request, following is an update on the status of the
subject projects:
1. The C~moLanecu~&gutterproject is part of a much larger project.
The project Plans and Specifications are scheduled for City
Council approval on March 24, 1993 and Contract Award should
be on the Council's April 28 meeting. The property owners
with the driveway problem will be contacted the week of
March:15. .There doesn't appear to be a problem, that we can
see, with placing curb and gutter at the locations where
property owners had expressed concern.
2. The Parma La~/$o."~'S~eet$i~project is proceeding on schedule.
The signal design is nearly complete and will appear on the
April 14, 1993 City Council agenda for approval of Plans and
Specifications and approval to advertise.
Related pavement work for the signal project will be on the
March 24 Council agenda for approval to advertise. All work
should be complete within 6 months.
should you have any questions regarding the subject project
schedules, please let me know.
D9
WARD7- 3 .MEM
cc: Alan Tandy, City Manager
CIT~ ~IANAGER~
~ O' M~EMORANDUM' ~
February 8, 1993
TO: Jake Wager, Economic Development Director
FR(~M: George Gonzales, Community Development Coordinator
SUBJECT: CDBG ELIGIBILITY OF PANAMA #10 AND PACHECO #10
The purpose of this memo is to clarify the eligibilities of Panama #10 and Pacheco
#10 annexations asa CDBG Iow and ~moderate income areas. The 1980 census
information qualified census tract 32.02, Panama #10,.as a Iow and moderate income
area With 85% of the residents under the HUD threshold. According to the 1980
census.information, only 26% of the residents of census tract 31.01 - Block Group 6
.(Pacheco #10) are within the Iow and moderate income designation. This does not
meet HUD's threshold of at least a 51% of the residents falling below the Iow and
moderate income to qualify as an eligible CDBG area.
As the 1990 census information on area income is released from the U.S. Department
of Commerce, all areas will be reviewed for CDBG "eligibility" and that information will
be forwarded to the City Manager. Public Works' has been notified of the eligibility of
the Panama #10 area for future CDBG funded improvements.
MEMORANDUM
arch 15, 1~93
TO: ALAN TANDY, CITY MANAGER /// -/
FROM: CAROL WILLIAMS, CITY CL~
SUBJECT: BUDGET MEETINGS - COUNCIL COMPENSATION
As I know you are aware, the Council will be meeting a total of
eight times in Budget Hearings and meetings in their review of this
years budget (not including budget workshops). This is more
frequent than past practices and I thought this ordinance should be
brought to your attention.
Municipal Code Section 2.68.20 states:
Each councilman shall be paid twenty dollars
per day .... while meeting to determine the
annual budget of the city for the ensuing
fiscal year, not to exceed five days. ~
Past history (i.e. since 1989) reflects the Council received
payment for pre-budget workshops, budget workshops and budget
hearings. My records do not reflect that any of these sessions
went beyond four days. As it stands, I will do the paperwork to
pay them for the first five days they set in Budget
Meetings/Hearings. If you have any questions, please call me.
CW:pm
Attachment (1)
TmD¥\CC-C0~.mm
CITY ~ANAGER-~
. 2.68.010-~. 2.68.020
officers, commissioners, heads ~art- 2.68.020 'Dail~ salary fo!:iboard of
nts, city manager, subordinates ~uties or equalization ~ind budget meetingS~
,ees shall thereafter the under- "Number of days limited.'i
,y furnishing like The Each Councilman shall be paid twentY-al°liars
city ~ey Shall be pass upon the Per - ~ "-i'" '
day while s~ttmg as a member of the board
sufficien of each unde: The'annual of equalization, n0~t to exc_eed five days,.and
premiums such bo~ shall be paid by the while meeting to determine the annual budget of
city. -thi city for the ensuing fiscal year, not to
B. City M~ To Release exceed five day,s..; (Prior code § 2.12.020).
Sureties Under .ond. In order to carry
' into effect the md intent of subsection
~A of this section is authorized Chapter 2.72
and .em Dm further liability,
the principals :l/or sureti on any bond or PERSONNEL POLICIES
bonds of rs and em the city for
any acts c principal occurring sequent to
the effi ~e date of a new bond .010. Def'mifions.
;uch officer or employee o city. 2.t Merit principle for
The attorney shall prepare such of and promotions.
rele . to be executed by the city manager. 2.72 Fair employment for
(! code § 3.22.010). appointments
. ' 2.72.1M~ City manager as
director
Chapter 2.68 2.72.050 ~tion.
Z72.060
COUNCILMEMBERS' SALARIES 2.72.070
2.72,080 service rules.
Sections: 2.72.090 Adop and
2.68.010 Monthly salary.
2,68.020 Daily salary for board of 2.72.100 'ons.titutes
equalization and budget . -
meetings-Number of 2.72.110 t.
'days limited. 2.7.2.120 Apl :s.
2.72.130 Nepoti~ ~pointment
2.68.01'0 Monthly salary.* of a
The salary of councilmembers shall be one 2.72.1'35 Marl
hundred dollars per month. (Ord. 3318 § 1, 1990: 2.72.140 Cont .'t.
Ord. 1079 § 1, 1956: prior code § 2.12.010). 2.72.150
2.72.160 residency
2.72.170 of nary
~ployee.
.'Editor's Note: Ordinance No. 3318, adopted 2.72.180 performance
September 19, 1990 was defeated by the electorate evaluation.
in a Special Municipal Election in November, 2.72.1 Medical examination.
'1990.
59 _(Bakersfield
---~ ' TNE LAW OFFICES OF
'YOUNG WOOLDRIDGE
YOUNG~ WOOkDRIDGE, I~ULDEN, SEkF & FARR
FOURTH FLOOR ---
~AKERSFIELD, CALIFORNIA 93301-5298
SCOT~ K. K~Y, RC. TEL[PHO~[ 805-327-9661 rELEP~ON~ 9'60~9.oTS7
~aRTNER F~CSIM'JLE 805-327 }087 FACSIMIL~ 91L-646 392~
CITY ~A2qA~- -
M~ch 17, 1993
VIA HAND DELIVERY
Mr. Alan Tandy, City Manager
CITY OF BAKERSFIELD
!501 T.mxtun Avenue
Bakersfield, California 93301
RE: KERN RIVER BIKE PATH EXTENSION
Dear Mr. Tandy:
As we discussed on the phone this afternoon, enclosed is a draft agenda for a workshop
meeting proposed to' be held between your office and the necessary City of Bakersfield staff and
our clients who own property immediately adjacent to the north canal bank of the Carrier Canal.
We hope that a workshop meeting can be scheduled at a convenient time Thursday or
F~iday of this week so that those interested can discuss these matters and hopefully reach a better
understanding of the concerns of the residents while also developing an acceptable Kern River
Bike Path extension.
Please call at your convenience to discuss this draft agenda and to let me know whether
and when a workshop meeting can be held.
Thank you for your assistance in .this matter.
Very truly yours,
SKK/jff ' ScoTr K. KUN~~
Enclosure
cc: Clients
C:\WP5 lkSKKXBPATHXTANDY 1.LTR;JRF
AGENDA
WORKSHOp MEETING REGARDING AN EXTENSION
OF THE KERN RIVER BIKE PATH
I. Residents explain their concerns with the construction of the Kern River bike path
extension along the north bank of the Carder Canal adjaCent to their property;
II. Open discussion of ideas regarding the design of the Kern River Bike Path
extension on the south bank of the Carrier Canal;
-, Exiting the cattle crossing;
- Fencing;'
- Bridge crossing;
- Elevation 'of the south carrier Canal bank; ~
- Noise reduction;
- Privacy;
- Public access to the north Canal Bank;
- Other ideas.
III. Open discussion of ideas regarding what property needs to be aCquired for the
construction of th~ Kern River Bike Path extension.
- Fee/eaSement;
- NO discussion or. negotiation of any compensation issues.
BUILDINGOF INDUSTRY KERN COUNTY. ASSOCIATION
BAKERSFIEL0, CA 93309 - 2501 -:- 805/832-3577 FAX 805/832-0258
March 12, 1993
Alah_~and~,_.City_Manager-_-
City of Bakersfield~
1501 Truxtun Ave.
Bakersfield, CA. 93301
Dear Alan:
On behalf of the Building Industry Association-of Kern County,
I wish to extend our sincere appreciation for your presentation
before our membership last Thursday evening. It was informative
and well received by those in-attendance.
Youzare dealing with difficult times for city government as We
are struggling for the survival of the construction industry.
Our goal is to continue the excellent, relationship we have
developed with you and-build on that open ·and honest workingS,~.
foundation. We look forward to meeting with you again very
soon.
-Once again, thank you for speaking to the membership of the
BIA 6f Kern County.
Sincerely,
Barbara Don Carlos
Executive Vice President
CIT~ MANAOER~
B A K E R S F I E L D
MEMORANDUM
March .10, 199~/
ALAN TANDY, CITY MANAGER
;7:OM: 'OFFICE OF RISK MANAGEMENT
SUBJECT: CLAIMS ACTIVITY REPORT FOR THE MONTH OF FEBRUARY 1993
The claims activity during the month of February 1993 was a result of actions in the following City Departments/Divisions:
NEW
DEPARTMENT/DIVISION CLAIMS FILED FILES CLOSED COMPLAINTS FILED
Police 2 I 0
Streets 6 1 1
Sanitation I 2 0
Parks 0 I 0
Fire I 3 0
General Services 1 0 0
Engineering 1 0 0
12 8 1
The new claims filed during the month of February 1993 resulted in the following types of damages:
CITY THIRD PARTY DAMAGES
DEPARTMENT/DIVISION VEHICLE INVOLVED VEHICLE DAMAGE OTHER PROPERTY INJURIES
Police 0 0 0 1
Streets 0 5 1 0
Sanitation 1 1 0 1
Fire 0 I 0 0
General Services 1 1- 0 0
Engineering 0 I 0 0
2 9 I 2
BAKERSFIELD'
ME'MORAND.UM
March 10, 1993
TO: ALAN TAN~Y, CITY MANAGER ,-.J ',~/ ~
FROM: OFFICE OF RISK MANAGEMENT ~'~''-'''' ~/.J ~ .'
SUBJECT: CLAIMS ACTIVITY REPORT FOR THE MONTH OF FEBRUARY 1993
The claims activity during the month of FebrUary 1993 was a result of actions in the following City Departments/Divisions:
NEW
DEPARTMENT/DIVISION CLAIMS FILED FILES CLOSED COMPLAINTS FILED
Police 2 1 0
Streets 6 1 1
Sanitation I 2 0
Parks 0 '1 0
Fire I 3 0
General Services 1 0 0
'Engineering 1 0 0
12 8 1
The new claims filed during the month of February 1993 resulted in the following types of damages:
CITY THIRD PARTY DAMAGES
DEPARTMENT/DIVISION VEHICLE INVOLVED VEHICLE DAMAGE OTHER.PROPERTY INJURIES
Police 0 0 0 1
Streets 0 5 1 0
Sanitation 1 1 0 1
Fire 0 I 0 ' 0
General Services 1 1 0 0
Engineering 0 1 0 0
2 9 1 2
Claims Activity Repo'rt - February 1993
Page 2 '
As a result of the February activity, the year to date (fiscal) totals are as follows:
Claims Filed Claims Filed # of Claims
Department/Division in February Year to Date Open @ 2/28/93
Police 2 ~ 38 55
Streets 6 26 24
Parks 0 6 3
Fire I 7 4
Sanitation I 12 4
Engineering 1 1 4
Building 0 2 3
General Services I 2 3
Other
Recreation 0 2 2
Construction 0 1 0
Water 0 0 1
12 99 107
Five of the six claims charged to the Streets Division were from the same occurrence. During a rainstorm, a street collapsed at
Brundage Lane and Washington Street. Although the City normally has immunity against weather related accidents, there was
a construction project at the time. The incident is still under investigation.
Claims Activity Report - February 1993 .
Page 3
POLICE DEPARTMENT
Linda Duffey and Linda Brown, 3001 S. Chester Avenue, DOL: 8/13/92;
Claim is for damages allegedly caused when Police Department officers violated claimant's civil rights.
Sara J. Brooks, 3901 Q Street, DOL: 2/18/93;
Claim is for damages allegedly caused when a Police Department officer accidently dropped' his flashlight on claimant's bare foOt.
FIRE
James Adams, 13004 Birkenfeld Avenue, DOL: 1/27/93;
Claim is for damages allegedly caused when a Fire-Department employee was unrolling a hose and struck claimant's vehicle.
STREETS DIVISION
Johnny Anthony Aldana, Jr., 518 Beverly Drive, #C; Terry W. Martin, 809 Monterey Street; Yvonne I~edins, 1015 Jefferson
Street; Anna L. Jordan, 2108 Pacific Street, #1; and Donald Gibbons, Jr., 1125 Gage Street, DOL: 2/8/93;
Claim is for damages allegedly caused when claimants' vehicles hit a pothole located at Washington Street and Brundage Lane.
Suzanne B. Guest, 431 Pacific Street, DOL: 10/28/92;
Claimant alleges property damage caused by a backup in the City's sewer system.
SANITATION
Teresa Bing, 9005 Coulter Court, DOL: 1/29/93;
Claim is for damages allegedly caused when the claimant and a Sanitation Division vehicle collided at 9005 Coulter Court.
GENERAL SERVICES
William Stark, II1., 26 Elm Street, Kernville, DOL: 1/22/93;
Claim is for damages allegedly caused when a General Services Division vehicle hit claimant's parked vehicle at 30th and F
Streets.
Claims Activity Report - February 1993
Page 4
TRAFFIC ENGINEERING
Tereaa McKinney, 4401 Tierra Verde, Apt. A, DOL: 10/27/92;
Claim is for damages allegedly caused when a traffic signal light malfunctioned and caused a vehicle accident.
CLAIMS CLOSED/SETTLED DURING THE MONTH OF FEBRUARY
POLICE
Dan Shuford, DOL: 11/8/90;
Claim is for damages allegedly caused by the negligent operation of a Police Department vehicle. City settled case for $60,000.
FIRE ~
Jane Chiang, DOL: 10/20/92;
Claimant alleges a City Fire De, partment vehicle struck her vehicle. City settled case for $110.'
Mike Ramirez, DOL: 10/8/92;
Claim is for damages allegedly caused when a sliovel fell off a Fire Department vehicle and struck claimant's vehicle. City settled
case for $200.
Quality Property Management, DOL: 11/7/92;
Claim is for damages allegedly caused when an unoccupied fire engine rolled into a condo owned by the claimant. City settled
case for $900. ~
STREETS
Central Cardiology, DOL: 1/92;
Claim is for damages allegedly caused when a City sewer line plugged and overflowed into claimant's property. City settled caSe
for $4,500.
SANITATION .
Brent Milton, DOL: 10/92;
Claim is for damages allegedly caused when a Sanitation Division vehicle backed into claimant's parked trailer. City settled case
for $877.
Claims Activity Report - February 1993
. Page 5
Jeanne's Westfair, DOL: 3/9/92;
Claim is for damages allegedly caused when a Sanitation Division vehicle damaged 'claimant's property. City settled case for
$350.
PARKS
Arlene Fisher, DOL: 12/15/92;
Claim is for damages allegedly caused when a City Parks Division vehicle sideswiped claimant's parked vehicle. City settled case
for $1,654.
CLAIMS WITH RESULTING COMPLAINT AND/OR SUMMONS FILED DURING THE MONTH OF FEBRUARY
STREETS
Unda Reed, DOL: 12/31/91;
Claim is for damages allegedly caused when raised blacktop on the bike path caused the claimant to fall.
cc: City Council
Lawrence Lunardini, City Attorney
City Clerk's Office - Natalie Welty
Newsmedia File
B A K E R S F I E-L D
MEMORANDUM
' L~ ~ .March 19, 1993
TO: HONORABLE MAYOR AND CITY COUNCI
FROM: ALAN TANDY, CITY MANAGER
SUBJECT: CITY COUNCIL AGENDA OF MARCH 24, 1993
PRE-MEETING
We will go into Closed Session for two issues pertaining to litigation and the
evaluation of the City Manager which, by contract, occurs in March'.
APPOINTMENTS
We have four apPointments to the Historic Preservati'on Commission due to the
expiration of terms of four of the members.
~CONSENT CALENDAR
Consent Calendar items are explained by Administrative Reports. Those which
merit additional comment include:
Item 8j. Agreement with Kern High School Dist. for Lease of Central and Jefferson
Pools. For several years, we have contracted with the school district to provide
City poOls for their swim team activities. We have made significant efforts,
this year, to reduce the costs for the school district by allowing them to do
much of this work and by eliminating charges for depreciation. We have reduced
their costs 46%~ The district has executed the contracts and they are ready for
approval.
Item Bk. Agreement with Denny's~ Inc. Charitable Fund for'Donation of Playground'
Equipment. This is a chari£able donation of $21,500 for purchasing playground
equipment accessible to the disabled. This will go in a new Kern River Parkway
park which will be under construction shortly.
Item 81. Construction and Maintenance Agreement with A.T. & S.F. for the Coffee
Road Overpass. This is a project which is 80% State funded - 10% will be funded
by the City from Gas Tax sources over the next couple of years. This is the
agreement with the railroad on participation and alignment.
Item 8m. Proposed Rejection of all bids for Demolition of Fire Station 2. We
have reason to believe that we may be successful in obtaining a grant to retrofit
this station. There is a State grant available for retrofit of public buildings
in Seismic Zone 4, which fits us. We are currently in the process of submitting
a grant application. Because the demolition of the fire station would make us
HONORABLE MAYOR AND CITY COUNCIL
March 19, 1993
Page -2-
grant ineligible, we believe our best course of action is to not demolish' the
fire station until we know if we receive the grant. We will rebid the demolition
of a secondary structure, which is also URM, behind the fire station.
Item 8n. Rejection of all bids for Construction of Block Wall at Fire Station 11.
This is in response to the budget crisis and Kelatively high bids.
Item 8o. Rejection of all bids for Solid Waste Containers. These bids came in
over what we had anticipated and we will attempt to rebid to get more
participation.
Item 8p. Acceptance of bid from Cubic Container Mfg. for 11 roll-off and 60
front-loading refuse containers ($62~178.19). These containers are for use in
the Recycling Program and for commercial customers. This is the low of two bids.
Items 8q~ r~ s and t. These are fairly standard bid awards for a traffic signal
at 4th and "P", weed control services along the canals, fence construction along
the canals which is an annual contract, and asphalt concrete. Low bids in each
category are recommended.
Item Bu. Transfer $1~100~000 from Public Works Operating Budget (General Fund)
to Public Works Capital Improvements Budget (Gas Tax Fund) and Decrease
$1~100~000 existing Capital Improvements appropriations in the Gas Tax Fund.
This is one of several items on the agenda in relationship to the budget crisis
precipitated by the State. As you know, we have frozen budgeted but unbid Gas
Tax projects in the current year, with the intention of reappropriating them next
year. The $1.1 million can then go into the General Fund to pay for Gas Tax
eligible costs, such as engineering work on streets. It should be noted to the
City Council that additional efforts will be made in connection with the 1993-94
budget to use additional Gas Tax Funds, where eligible, to help the General Fund
through this crisis. It should also be noted that eligibility for Gas Tax Funds
is constrained to certain specific types of General Fund uses and there are
limits to those.
HEARINGS
Item 9a. Protest Hearing on Stine No. 9 Annexation. This action is necessary to
include the Stine No. 9 Annexation in the Separation of Grade District.
Item 9b. Resolution approving the Kern River Bike Path Alignment along the
Carrier Canal from Manor Street to a point east. Staff is recommending adoption
of Alignment C, which begins on the south side of the canal. This has been the
subject of considerable controversy and input from citizens. Basically, we had
several groups who protested the possible alignment along the Kern River itself.
We, therefore, began to look at alignments along the Carrier Canal. The Planning
Commission has recommended an alignment along the north side of the Canal.
Several property owners, who abut that, objected very strongly. In light of that
citizen protest and from lessons we have learned, we are, as a staff, willing to
recommend changing the advice that was provided to the Planning Commission so
that the alignment can be along the south side of the canal. That seems to meet
HONORABLE MAYOR AND CITY COUNCIL
March 19, 1993
Page -3-
with approval of most of the major horse, bicycle and environmental groups.
Apparently, it does not resolve the protest of certain property owners in the
vicinity over the project, but we feel that it is a reasonable attempt to
aCcommodate the property owners' concerns. We note that the bicycle path is used
very heavily and is a very great community asset.
It should be noted, in establishing this alignment, that when the canal has to
be dredged, there will be time periods when the Path will have to be closed.
After very heavy rain storms, there may also be times when slurring of the
embankment will also cause closure or disruption to the continuity of the Bike
Path.
It is further noted that staff is making this recommendation in a good faith
effort to come t° accommodation with the vast majority of citizens providing
input to us on this subject. In light of the overwhelming citizen support for
this project, we recommend that the project proceed as quickly as is possible.
Item 9c. Resolution Authorizing the Issuance~ Sale and Delivery of not to exceed
}12~000~000 City of Bakersfield Hospital Revenue Bonds. This is for the benefit
of Bakersfield Memorial Hospital. It is ano-risk action on our part and one for
which we receive a fee, in addition to providing more favorable than normal
market interest terms for the hospital. We have done this on several occasions
for the hospital.
Item 9d. Request to Amend Circulation Element of the General Plan. This is a
request from Telstar Engineering, an agent for John Guimarra, Jr., to amend the
Circulation Element of the General Plan, which would eliminate the collector
street designation of Berkshire Road between South "H" Street and Wible Road.
That would make Berkshire Road a local street. The argument of the petitioners
is that there is a freeway crossing that makes it unlikely that Berkshire can
ever function as a collector street in both directions. The City has a long
history, however, of having good quality arterials and collector streets at
standard spacing. We believe that the collector street can be valuable, even if
it does not cross the freeway. The Planning Commission and staff are
recommending disapproving the amendment request.
REPORTS
Item lOa. Budget and Finance Committee Report 3-93. This is a report from the
Budget and Finance Committee regarding the Defibrillation Pilot Program. In
short form, the Report from the Committee says that it is a desirable activity
but, when we are facing serious cutbacks in historically provided Cityservices,
it is impossible for the City to undertake funding for the expansion of a
program. The Committee recommendation would result in the program continuing if,
and only if, the Fire Department is successful in receiving community donations
in an amount necessary to cover all costs for both capital acquisition and
operation and maintenance. The program would have to be City-wide before it is
implemented.
HONORABLE MAYOR AND CITY COUNCIL
March 19, 1993
Page -4-
Item lOb. Legislative and Litigation Committee Report 1-93. This Report includes
a Resolution supporting local control of government. This originated with a
request from other local governmental agencies to express conceptual approval of
the integrity of maintaining local control.
Item 10c. Legislative and Litigation Committee Report 2-93. This is another
Report from the Legislative and Litigation Committee regarding Council
procedures. Earlier, the staff initiated a proposal which would have resulted
in eliminating some Council correspondence from appearing on the Agenda. That
concept was rejected by Council. This Report is a down-scaled and revised
version. It, simply, indicates that those items which are addressed to the City
Council, which must later appear before the City Council in the form of public
hearings and follow statutory procedures, do not need to also appear as
correspondence. This, primarily, would relate to General Plan Amendments and
street closures. The staff can provide Council, separately, with the documents
to make them aware of what has been submitted. This saves time and reduces the
bureaucracy involved in the routine processing of applications.
Item lOd. Legislative and Litigation Committee Report No. 3-93. This is.another
Report from the Legislative and Litigation Committee. This one regards graffiti.
Basically, the Committee has instructed staff to proceed as quickly as possible
with an Ordinance which would require that spray paint and certain very large
marker pens for sale, commonly used for graffiti, be kept under more strict
controls; in essence, under lock and key or behind counters. This is to reduce
the frequency of theft of these kinds of containers and their use for illegal
purposes. We have, of course, incurred very large expenses around the community,
as this pr'oblem has become very signifiCant.
Unfortunately, the legal issues involved after the Committee met, were such that
the Ordinance could not be prepared for First Reading at this meeting. We are,
therefore, proposing to verbally update the Council and get direction from you
on how to proceed, and then prepare an Ordinance for consideration on an
emergency basis at the next meeting. County support will also be solicited.
Item lOe. City Manager Oral Report 1-93. I have been providing the City Council
with an oral report regarding issues on the budget at each Council Meeting.
Because the normal Workshop session was consumed by other matters, this time, it
appears on the regular Agenda.
Item 1Of. Community Services Oral Report 1-93. The purpose of this report is to
provide you with an annual update on what the various landscape and park
maintenance district costs look like for the upcoming cycle of public hearings
and budget actions. We will be discussing this issue under the City Manager's
financial report with respect to the possibility of going to a City-wide
district.
DEFERRED BUSINESS
Item 11a. Ordinance Amending Chapter 15.84 of the Municipal Code relating to a
Transportation Impact Fee on all new development. This is an Ordinance which
HONORABLE MAYOR AND CITY COUNCIL
March 19, 1993
Page -5-
changes the Transportation Impact Fees for three types of businesses which were
incorrectly charged for their traffic impacts when the Ordinance was originally
adopted. It corresponds to actions already taken by the County.
Item 11b. Ordinance Amending Section 2.04.070 of the Municipal Code - Order of
business at City Council Meetings. This is an Ordinance relating to the order
of business at Council Meetings. The Ordinance provides for the Council to be
able, by vote, to change the order of its business rather than to have to go
through an Ordinance amendment procedure each time it might be necessary to do
SO.
Item 11c. Resolution Declaring City's Intention to Establish Maintenance District
No. 1~ Division 8 (Brimhall and Allen). This is a Resolution which would
establish a Maintenance District at Brimhall and Allen. This item was tabled at
the last Council Meeting. We have since made some language amendments to the
Resolution which, simply, clarify that the Council has the future right either
to have the maintenance be done by City crews, or to have them contracted. That
was a clarification in language, rather than a change in intent. We are hop6ful
that this is now ready for Council approval.
NEW BUSINESS
Item 12a. Ordinance Amending Title 16 of the Municipal Code relating to mineral
rights and subdivisions. This is an Ordinance which has been in the works for
some time which clarifies certain of our regulations with respect to mineral
rights and subdivisions. Staff members have been meeting with interest groups
of mineral rights owners and operators. The Ordinance seems to have the support
of both. It is recommended for approval by the Planning Commission and appears
to be a non-controversial cleanup at this point in time.
Item 12b. Golden Handshake. This is a Resolution which would start the process
so that we can utilize a Golden Handshake program. The Golden Handshake program
allows for two years of retirement credit to be offered to employees willing to
retire over a 180-day timeframe. It is special legislation passed by the State
in order to allow cities to deal with the financial crisis precipitated upon us
by the State government. It is a much lower cost mechanism of downsizing than
is a layoff, followed by unemployment compensation, and it is, of course, a much
more humane mechanism. We do not pretend that this single item will heal our
budget problems, but we do expect that somewhere from 4 to 10, or so, employees
may take advantage of it. It rewards long-term employees with some additional
retirement credit. We would leave positions vacant in the pertinent departments
and have an overall budget savings, substantial in nature, for each position
where it is utilized. The agenda item includes a listing which details the
positions which are eligible. This is derived strictly from running people
eligible for retirement age, along with' years of service. We want to treat
everybody in an equal-handed manner so as not to deter anyone from participation,
nor to discriminate against anyone.
This needs to be brought forward now. The documents contain a timeframe for
notifying us of when people will ~etire. In order for us to use this program to
HONORABLE MAYOR AND CITY COUNCIL
March 19, 1993
Page -6-
minimize layoffs, we need to know who is going to take advantage of it, in
advance of budget adoption. If we did not, we would run the definite risk of
laying people off and then have people retire afterward. This is an unusual
program for us. It is the first time we have brought it forward. It is a
program which has been inquired about by employees and seems to have a high level
of interest. We are strongly recommending it as a budget-control measure.
Item 12c. Resolution of Application - Annexation No. 374~ Hageman No. 1~ south
of Hageman Road between Old Farm Road and Jewetta Avenue. This isa Resolution
proposing proceedings for the City to annex an area located south of Hageman
Road, between Old Farm Road and Jewetta Avenue. It appears to be non-
controversial and fairly routine.
Item 12d. Resolution authorizing closure of "N" Street~ between 9th and loth
Streets~ to vehicular traffic during regular school hours. This pertains to 6he
Rarer Johnson School and would result in a traffic closure on "M" Street, between
9th and lOth Streets during regular school hours; barricades would be put up.
I have been advised that this occurs at one other location in the City. This is
the result of an effort to improve safety in working with school district
officials.
Item 12e. Resolution approving issuance by the CDDA of its Downtown Redevelopment
Project~ Refunding Tax Allocation Bonds~ issue of 1993 (not to exceed
$10~000~000).. This is a Resolution which approves the refunding of the Central
District Development Agency debt. We have been attempting to refinance the debt
in order to take advantage of favorable market interest rates and to reduce the
annual debt service. The State has. captured enough of our redevelopment money
that they have currently put us into an annual deficit situation. This would
restore us to a positive cash flow. There is still uncertainty about whether we
can accomplish this, relative to getting the issue rated, but we are proceeding
ahead and are cautiously optimistic, at this time.
Item 12f. Resolution Changing Salaries of Temporary Employees. This is a
Resolution changing salaries of certain temporary employees. At one of the
budget sessions when We met with employees, an employee suggested that we would
be able to hire certain seasonal positions at lower wage scales than we have been
offering. We have gone through an analysis of our job classifications and
believe, for certain of our job classifications, that suggestion is accurate.
This is another budget control measure and, simply, results in many of our
seasonal positions being hired at lower rates of pay. We believe we will be
successful in getting qualified applicants under this arrangement.
Item 12g. Amendment to Agreement with Brown~ Waits and ArmstrOng for auditing
services. This was recently referred to the Budget and Finance Committee. The
Committee was successful in negotiating the fee down to the rate which was in
effect for last year. We are, of course, required to undertake this audit and
are recommending proceeding as per Budget and Finance Committee recommendation.
HONORABLE MAYOR AND CITY COUNCIL
March 19, 1993
Page -7-
Item 12h. Aircraft Hangar Ground Lease with Don Paul Martin at the Bakersfield
Municipal Airport.~ This is a fairly standard Lease Agreement at the Bakersfield
Municipal Airport. This is for a 20-year term with an increasing square footage
fee each year of the Agreement.
Item 12i. Amendment to Agreement with Health Care Consultant. We are meeting
with the Personnel Committee on Monday, and will incorporate their
recommendations into any formal documents or agreements which are brought before
you. Basically, this continues cost-containment efforts and working with our
employee groups in order to arrive at mutually acceptable understandings along
that line. This is a total in two increments of $35,000 worth of work. We
believe that the work is necessary in order to continue to get a handle on-.our
rising health care costs.
Item 12j. Agreement with William Avery and Associates~ Inc. This is a proposed
renewal of the Agreement with William Avery and Associates for consulting
services on employer/employee relations. Mr. Avery has agreed to accept a 5%
reduction below his current rate of pay, in light of the City's financial crisis.
This is a renewal for a one-year period. Mr. Avery has provided these services
to the City for a considerable number of years.
Item 12k. Draft Letter to Kern County Board of Supervisors regarding Gate Fees.
At the last regular Council Meeting, Councilmember DeMond referred to staff the
issue of gate fees being imposed without universal collection in the Urbanized
areas of the County. Staff has developed some supportive documents in regard to
this subject, and a draft letter for Council to send to the County Board of
Supervisors. In short form, the letter indicates that this will create an
unreasonable burden on City taxpayers, that the gate fees, without universal
collection in the urbanized areas of the County, will promote illegal dumping,
and that economic times are, simply, not right for imposing a large fee increase
on our citizens, at least until such time as universal collection is imposed on
all within the area. Finally, recycling mandates from the State cannot be met
without universal collection, and imposing the gate fee in advance of universal
collection is, simply, not the desirable course of action. The letter is
structured for all of our elected representatives to sign in the event Council
is willing to forward the letter.
AT.alb
cc: Department Heads City Clerk
News Media File