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HomeMy WebLinkAbout07/23/93 BAKERSFIELD MEMORANDUM  duly 23, 1993 TO' HONORABLE MAYOR AND CITY COUNCIL~ / FROM: ALAN TANDY, CITY MANAGER SUBJECT: GENERAL INFORMATION 1. You will find enclosed amemo on your Goal Setting session, which is coming up next Monday. It contains some basic suggestions relative to that session. 2. I am devoting a great deal of time, since my return from vacation, to the hotel project and the reconciliation of the cost overrun contained in the estimate. At this point, we have had a 2½-hour discussion with the Hammons firm and issues aren't resolved, but progress is being made. I am optimistic. We are approaching it from both ends, as far as both parties participating in dealing with the problem, and that it is receiving a great deal of staff attention. As a related note on this, I want to take this opportunity to thank you very much for allowing my office staff restructure. It has provided me with the discretion, as the hotel becomes overwhelmingly time consuming, to delegate to the Assistants such things as Agenda preparation and a variety of citizen complaints and other issues and is greatly helping in allowing the dedication of my time to a major priority. 3. After further staff review, we are dropping the proposal which appeared on your last Agenda to hire Rhys as a consultant for sanitation measures. It was referred back to staff for additional work. It will not be coming back to you in the immediate future. 4. All of you got letters, in the not-too-distant past, from the Fire Union on a complaint they had which threatened litigation. I wanted to let you know that the issue was successfully resolved, I believe, to everyone's satisfaction. It was a rather complex solution but, nonetheless, I believe all parties are now happy. 5. In an item that is not at all unexpected, the County promised, by the end of July, to have a report done on universal collection within the urbanized area for garbage service. In a communication recently forwarded to us from them, we learned that it will be delayed thirty days. 6. You will find enclosed a letter from Warner Cable talking about changes in their system which are mandated as a result of the new set of federal regulations and requirements. HONORABLE MAYOR AND CITY COUNCIL July 23, 1993 Page -2- 7. You will find enclosed several responses to Council Referrals; one from the budget process concerning followup on information on taxes paid by Cal Water, and various others regarding a commission on reinventing government, the Kern County Alcohol Center, the Bike Path Picnic area and traffic controls in the South Laurelglen/Pin Oak Park area. 8. As we had expected, the caterers are now realizing that going to an exclusive agreement on the catering for the Convention Center Hotel is something which may damage them in the long term. They are formulating what appears to be a rather effective lobbying group in support of not changing the current policies. As some background on the repercussions of the changes we are making, I have enclosed a copy of a letter I authored to Bart Hill. It gives you a basic overview. I am also working with the Hammons firm to relax the catering exclusivity to try to make the caterers happier. 9. There is a memo enclosed, from Planning, on new General Plan Amendment applications. AT.alb Enclosures cc: Department Heads City Clerk BAKERSFIELD MEMORANDUM July 22, 1993 / TO' HONORABLE MAYOR AND CITY COUNCIL FROM' ALAN TANDY, CITY MANAGER SUBJECT: CITY COUNCIL GOAL SE1-FING As has been confirmed to you in a memo last week, Monday, July 26th and August 16th have been selected by yourselves as the dates for the Goal Setting session, with a backup date for a Workshop, if necessary. At this point in time, I have a couple of general comments and suggestions relative to the Goals process, as follows: 1. The City of Bakersfield does not have a current listing of Council Goals. The Council did not do a "product" out of .the last Team Building/Goal Setting Session in 1990. I have attached, as samples or models, an excerpt from the Norm Roberts' work under which you collectively established some organizational priorities. I have also attached, as models for format and content, the CDDA's recently developed goals, and those from the City of Billings from.a couple of years ago. 2. Goals are normally developed so that they can be distributed organization-wide and understood, broadly, by a variety of rank and file employees. Once understood, those employees may have ideas that can contribute toward the achievement of the Goals. They also need to understand what legislative priorities are. I would hope that, at the end of this process, you would orient your work so that we can put the Goals in pamphlet form for dissemination to our employees. 3. You have directed me not to bring in an outside facilitator because of the cost issues. David Lyman, with our Economic Development staff, did an excellent job of this at the CDDA, and I have asked him to do the facilitation of the Council discussion at your Goal Setting sessions. I would suggest that you all give thought, in advance, to those areas where you believe the City needs to devote the most stress and emphasis. We are assuming that; you do not want to do a Mission Statement, and that your desire is to get directly into the process of setting the organization's Goals. In the past, I have found it productive that, since you have very limited time, rather than extensive discussion over exact language, you dedicate your time to developing generalized Council consensus on items and then let staff take a run at precise language, which you can adjust later, before final adoption. If you have any questions, please feel to call. AT. al b Attachments ' ISSUES/CHALLENGES FACING THE CITY OF BAKERSFIELD (NOT PRIORITIZED) from Norm Roberts' work · Growth management · Downtown/neighborhood revitalization · Annexationsi' urban sprawl and preservation of agricultural land ~ · Implementation and updating of the Metropolitan Bakersfield 2010 Plan · Development of raceway property · Clarification of CoUncil Committee and City Manager roles · Review exempt status for key City executives · ,Evaluate management Staff in City Manager's office · Implementation of recent classification and compensation study · ~ Completion/demOlition of Convention Center Hotel · Economic development and diversification · Maintain sound financial condition of the City government · , Expansion/addition. of wastewater treatment plant ~ · Development of affordable housing · Creation of regional Parks and Maintenance District MEMORANDUM June 15, 1993 TO: Central District Development Agency Members . FROM: Alan Tandy, Executive Director SUBJECT: Timeline for Goals and Obiectives Before you today is the issue of a mission statement, goals, and objectives. Chairman Gaskill has asked staff to develop a timeline for when these goals and objectives will be addressed. Based upon the draft included in your agenda packet, I have prepared a timeline' for implementation of your goals and objectives.. Please consider that the city's Economic Development Division has several other requirements and obligations besides redevelopment. With their existing staff levels, as well as budget constraints affecting all city departments, completion of these goals and objectives will perhaps take longer than any of us would like. One of these goals--"Establish a vision and develop a master plan for downtown Bakersfield"--is a very complex· and time-consuming issue. If fewer' funds are captured by the state than exPected, then this (or any other goal and objective that is viewed as a high priority) may be expedited by using outside consultants. Otherwise, please be aware that-you may be looking at a multi-year commitment should such a master plan need to be developed by staff. I mention this so you can keep in perspective that while'staff has committed to carry out the necessary requirements related to meetings and other Agency obligations throughout the year, work related to goals and objectives will be accomplished over a more extended period of time.. Also, staff is working closely with the Hammons group regarding the convention center hotel. This is additional wOrk which we are doing, but it takes away from something else; should the hotel project proceed as we all hope, this will be a high priority which may delay some other very important, though not as time-sensitive, items related to the goals and objectives. Also, please note ·that sOme of these objectives are already on-going activities being handled by staff. We will strengthen our commitment to carrying them out and search for new and improved ways to accomplish these tasks. Members. of the Central District Development Agency June 15, 1993 Page 2 PROPOSED GOALS AND OBJECTIVES WITH SUGGESTED TIMELINES FOR COMPLETION GOAL: Foster teamwork: Create and maintain a cooperative atmOSphere among all parties interested in improving downtown Bakersfield. Objectives: , foster teamwork among all parties working to improve 'downtown TIMELINE: ongoing ,improve the image of redevelopment efforts and promote a positive image of downtown TIMELINE: ongoing (use news releases, "Blueprints") GOAL: Create a vision: Establish a vision and develop a master plan for, downtown Bakersfield which.;. OanticiPates constraints' and opportunities ofocuses on the first five years Oencourages the adoption of a theme opromotes the greening of downtown oidentifies resources Oretains historical and cultural values oaddresses the issues of aesthetics oencourages a variety of uses downtown. Objectives: , after the vision has been developed, communicate it ,research role models of communities which have been successful at redevelopment , determine our geographic focus ,examine currem parking configurations and explore possible parking changes that support, existing uses and encourages new development TIMELINE: option 1: if prepared by staff, 1-3 years option 2: select a consultant which would develop such a plan within (1). year from the issuance of a Request for Proposals (RFP). Members of the .Central District Development Agency June 15, 1993,- page 3 GOAL: Strengthen economic health: Strengthen the economic health of the Central District Development Agency. Objectives:. ·creative a positiVe cash flow TIMELINE: oneoin~ · continue management of the agencY's debt and finances TIMELINE: ongoing · , complete refinancing of Agency's existing debt TIMELINE: complet .ed. GOAL: Promote development: Promote development opportunities within the redevelopment area which... · outilize public/private partnerships Ocreate and retain employment Objectives: ~ enhance' and create housing within downtown TIMELINE: Community Development Division Will be preparing a Housing Market Study of Bakersfieldl Part II of this proiect, "Feasibility Study of Affordable Housing within the Redevelopment Area," will assist the Agency in this goal. The results are due by the end 'of 1993. · encourage projects which can provide immediate successes TIMELINE: ongoing · develop a marketing plan which identifies our target groups and brings additional activity to the downtown TIMELINE: this task should be included with the completion of a master plan as mentioned previously: .. , provide information to the general public and developers how the agency can assist in revitalizing the downtown. TIMELINE: ongoing Members of the Central District Development Agency June 15} 1993 Page 4 GOAL: Streamline the process: Improve and 'simplify the development process by... Oremoving obstacles to development Orepealing regulations which impede quality downtown development ooffering CBD zoning and other incentives 0streamlining the permit process opromoting certainty and introducing predictability. TIMELINE: A CBD zoning ordinance, which is being coordinated by the Development Services Department, is scheduled for implementation in FY 1993-94. Objectives: , to simplify the development process, develop a "blueprint" of documents .developers need to complete TIMELINE: The existing Development Submittal Guidelines already provide this information. Staff will update by December 31, 1993. . ask past participants to evaluate the redevelopment process -TIMELINE: Develop a questionnaire' and distribute it by September 30, 1993. ,develop .a road map, or a "who's who," in downtown development TIMELINE: This will be included in the updated Development Submittal Guidelines which will be updated by December 31, 1993. GOAL: Maximize assets: Maximize downtown assets by maintaining and improving existing properties and taking advantage of special opportunities as they present themselves. Objectives: , complete the convention center .hotel TIMELINE: FY 1993-94 , address the URM issue TIMELINE: implementation during FY 1993-94 ,maintain and upgrade downtown's infrasmacture TIMELINE: ongoing , identify our resources (assets) v TIMELINE: this obiective will be included with the completion of a master plan as discussed previously. Members of the Central District Development Agency June 15, 1993 Page 5 · support efforts to upgrade the Fox Theatre TIMELINE: ongoing · support public transit downtown TIMELINE: ongoing · encourage housing downtown TIMELINE: ongoing · explore the agency's role in the city's upcoming centennial TIMELINE: An Agency member selected by' the Agency and supported by staff could assist the Centennial Committee in planning this event, scheduled for 1998. - · encourage the maintenance and enhancement .of public rights-of-way TIMELINE: ongoing dl/goaltime3m Time Warner Cable ' Bakersfield Division July ~5, 1993 Alan Tandy, City Manager City of Bakersfield 1501 Truxtun Avenue Bakersfield, CA 93301 Dear Mr. Tandy: As a follow-up to our meeting with you regarding the changes occurring as a result of the Cable Act, attached please find a letter we are sending to all our subscribers regarding changes in our service which will affect them. As we said in our meeting, the initial changes will likely take place in two steps. These changes are the first step in this process. We are prOviding this information so you are well informed of changes which may cause some confusion among your constituents. If you have any questions regarding these changes, please feel free to contact either Bill Grinstead or myself. Thank you for your cooperation during this process of cha,nge. Very truly yours, //JD~mreeSctEo~, M~nu°mZan~s our ce s Community and Government Relations JEM: av Attachment C I'i'~' MANaGER.~ Time Warner Cable Bakersfield Division . 3600 N. Sillect Avenue Bakersfield CA 93308 Tel 8~5.327.9935 Fax 805.327.4074 A Divi2siOn of Ti,ue Warner Entertainment-conipany, L P Bakersfield, CA 93308 (805) 327-9935 July 15, 1993' Dear 'Time Warner Customer, Beginning October 1, 1993 Cable Television will become another industry regulated by the Federal Government. These new regulations are complicated and confusing even to their authors. However, we have designed a two phase implementation plan which will make the transition to government control as sr:nooth as possible. As a valued customer to our system of home entertainment and information, wewant you to be as well informed as possible. Please take the time to read this letter. It will give you a brief history of the new rules as well as outline our two phase plan to implement them. Congressional Cable Television Regulations--A Brief History On October 3, 1992 Congress voted to override President Bush's veto and enacted a law to regulate the cable television in- 8~rected the Federal Communications Commission (FCC) dustr~/-in-the Unite'd-Stat~s. At-the time thie-lb~w was p'~'s-6-dTC6--h-gress to create rules and regulations that each of the more than 11,000 cable systems across the nation must follow. On May 3, 1993 the FCC released its rules and regulations in a 450+ page document. Initially, the FCC mandated that cable systems comply with its 'regulations by June 21, 1993. Despite the brief preparation time allotted us, we were ready to comply with the new law by the June 21st deadline. However, the FCC found their new rules to be so complicated and so labor inten- sive to administer, they rescheduled the effective date to October 1, 1993. Our 2 Phase Implementation Plan The new rules and revisions cover a broad range of topics which we will implement in two separate.phases. The first phase concerns initial rate adjustments which will be effective August 15th. The second phase deals'with other programming and- equipment issues that will be addressed later this fall. Phase 1--FCC Rate Regulation FCC rules require cable companies to base the rates of BASIC and TIER services on a rate per channel basis. What this means to you ' Although our rates in Bakersfield are well within the FCC's guidelines,, it will still be necessary for us to restructure prices to be responsive to the new law. Some prices will go up; others will go down. All other rates will remain the same. Please refer to the chart below for details. August 15th Rate Adjustment Current New 'Increase/ .... Service Channels Rate Rate ' DeCrease - Basic 2--22 $7.00 . $7.75 $0.75 Tier 23--50 $12.95 $13.20 . $0.25 Standard Additional Outlets $2.95 $0.00 -$2.95 The above rate adjustments are effective August 15,1993 and are based on and in compliance with all FCC rate regulations. Depending on your billing cycle (either the 1st or 15th of each month), an appropriate pro-rated adjustment will appear on your mon!hly statement. Also, please note the elimination of. the Standard Additional Outlet charge enables you to receive Standard service programm- ing on all sets in your home at a single monthly rate. Phase II--FCC Equipment Regulations The FCC states that we must show a' separate rate or charge for each category of service and each item of equipment in use~ What this means to you While we have not determined the exact rate prescribed by the FCC, later this fall it will become necessary for us to charge a monthly rate for cable equipment in use in your. home. Phase II--FCC Programming Regulations Congress has deemed that all programming shown on local broadcast channels, regardless, of viewership/is inherently Of greater importance to you and has a greater right to be seen than programming shown on the satellite channels delivered by cable (ie. CNN, The Learning Channel, C--Span, Discovery, etc.). It is for that reason the.new law includes special "Must Carry" and "Retransmission Consent" privileges created exclusively for local broadcast stations and allows them to invoke whichever privilege they determine is most beneficial to them. Must Carry Privileges The "Must Carry" provision of the law effectively transfers program decision--making from you and your local cable company to the FCC. "Must Carry" gives local station owners the right to demand to be on the local cable company's channel line-up. It further provides the local station owner the right to demand to be on whatever channel he chooses. It allows this without either the consent of the. p_eople who subscribe to cable, or the cable company_ who provides the service. What this means to you It may be necessary to rearrange our channel line up to suit the wish of a local station owner. Negotiations are still in process. However, if it becomes necessary to realign our channels, we will provide you with as much advance notification and informa- tion as possible. Retransmission Consent Privileges Potentially, a local station owner may feel it more beneficial to choose his "Retransmission Consent" privilege. This privilege effectively allows local broadcast stations to seek compensation for the continued carriage of their station on cable. Under the provision', a local station owner can demand that cable companies and ultimately their subscribers,, pay for programming which is otherwise available for free to non--cable households. This provision does however, provide us with the right of refusal. What this means to you We are currently negotiating with local station owners. We hope to come to terms which are mutually agreeable. If, however, the local owners demand payment which places an undo financial burden exclusively on cable companies and their customers, we will refuse their demand. In these cases, we will be forced to drop the local channels from our line-up. Again, if it becomes necessary.to change our Channel line-up, we will provide you with as much advance notice as possible. OUR COMMITMENT TO QUALITY Over the past few years, we have consistently improvedthe value of your Cable Television System. Most recently, our customers enjoyed the addition of The Learning Channel, The Cartoon Network, Sci--Fi Channel and Country Music Television at no extra charge. Shortly before that, we added Superstations WGN and TBS while dramatically reducing additional outlet charges ~ by ~b'"50o o/dT.-- Wb~'Al~o com pi et~ly eliFnln-~tE-d-t~tl~ly~dh~aT-g (~ 'f~i.~-m~t~-dO nt~ls-an-d - r~-dO-Ced-t he~-o~nt hly-r~.te-foT~t h~e~ Disney Channel by 55%. If you are a customer who subscribes to an additional outlet, a remote control or the Disney Channel, your monthly cable bill is lower today than it was 3 years ago. It is important to note that these advancements were achieved in an unregulated environment and simply are an expression of our ongoing commitment to provide our customers with the best possible value in a home entertainment and information service. OUR COMMITMENT CONTINUES While we must now operate under a new and complicated framework of government regulations, please know we remain com- mitted to advancing our product and service into the telecommunications future. And with your continued support; we will deliver the future to. your home. Sincerely, Bill Grinstead Division President MEMORANDUM / ULY 19, 1993 FROM: GREGORY J. KLIMKO, FINANCE DIREC SUBJECT: COUNCIL REFERRAL/RECORD #11952 The memorandum dated June 18, 1993 to Gregory J. Klimko from Don Anderson includes an estimated $210,000 property taxes paid by California Water Service Company. This is an estimate of the total 1% paid of which the City receives approximately 20% or $42,000 with the balance distributed to the County, school and other districts. ~ The. focus of measurement for payments "in lieu of tax" is not normally that portion that is actually paid to any particular district but the total taxes normally bourne by a comparable tax paying entity. krc MGJK.74 CI-TY COUNCIL REFERRAL ; HEETING OF: 06/23/93 REFERRED TO:~~.E__G--KL~MKO ITEM: RECORD~ 11952 Resolution approving and'adopting the Operating and Capital Improvements Budgets for the Central Distr~ct Development Agency for Fiscal Year 1993-94. ACTION TAKEN BY COUNCIL: MOTION TO ADOPT RESOLUTION, APPROVED, AB: LE. COUNCILMEMBER BRUNNI REFERRED TO STAFF A MEMO FROM DON ANDERSON TO GREG KLIMKO DATED-JUNE 18, 1993 .REGARDING PROPERTY TAX FIGURES. RESPOND AS TO IF FIGURE IS TOO HIGH, ~e IS TOTAL PROPERTY' TAX PAID VERSUS PERCENTAGE RECEIVED'BY THE CITY. BACKUP MATERIAL ATTACHED: NO ' DATE FORWARDED BY CITY CLERK: 06/25/93 MEMORANDUM DATE: June 18, 1993 / TO: Gregory J. Klimko, Finance Director i~/" /./~' FROM: Donald M. Anderson, Property Management SUBJECT: W-0 - WATER RESOURCES - California Water Service California Water Service Company (Cai Water) pays an ad valorem tax of 1% on an estimated $21,000,000 real and personal property within the City of Bakersfield. The 1% tax amounts to approximately $210,000 with the City receiving a portion of this. Also, Cai Water pays the City a 2% franchise fee which amounted approximately $151,660 for the 1992 calendar year. Cai Water charges a pass through P.U.C. fee of 1 1/2% of operating revenues. Cai Water paid approximately $113,745 in 1992 for its operations within the City of Bakersfield. These payments total $475,405. If you need further information, please so advise. DMA/s calwater,mem BRUNNI: There is a memo dated June 18th from Donald Anderson, Property Management, to Greg Klimko, Finance Director. I looked at the numbers that were given here with regard to California Water Service and the amounts of taxes that are paid in the City with regard to that entity. The total amount'givenis $475,405. That would assume that we reCeive 100% of the property taxes paid in the County. And, of course we know that that's not accurate. So this` number 'seems askew. But even if you use the $475,000, which I would maintain as probably off by at least $100,000, the in-lieu up into tonight, depending upon what this Council does, for just the water service, Domestic and Ag, is $426,340 versus.S475,405. And the question I asked instantly was ."What percentage of the communitYis served by the City's water service and what percentage is served by the Cal Water Service". And the best estimate, if you will, that I got was 1/3 served by.the City water service; 2/3, with the exception of two other companies, very small,'serving the remainder of the community, Cal Water. If that's true, then ~O°king at' this number~ 1/3-~of the commUnity's paying~$426,43~0~ and the-remainder 2/3~ 67%'of the community, paying $475,40~.~, And, again i -Would maintain--that's .actually overstated by -abo~t $100;o-Q0. And. those n~mber~._again to-me seem- disproportionate.- And so, somehow, I,d like-to have someone explain those numbers. MAYOR: Mr. Tandy-- BRUI~I~I: I'm not done. ? (Brunni then proceeded to talk about step increases and also made a motion to direct staff to pursue, formation of a City-wide Maintenance District for parks) MAYOR: Now, did you want the answer to your question from staff? BRUI~I: can theyanswer that? MAYOR: I don't know. Can that be answered? How do you want to 'prePare~.that-- at a later date on the-- Oh' ~she did.not expect an> 'anawer-on ~hat.-; ~Q~get that--, scratch it.__ Okay, next speaker-- Councilmember Smith. BAKERSFIELD MEMORANDUM ~- July 22, 1993 TO: ALAN TANDY, CITY MANAGER ' FROM: TRUDY SLATER, ADMINISTRATIVE ANALYST II ~ ~ SUBJECT: COUNCIL REFERRAL #12021 At the Council meeting of July 7, 1993, a Council referral went to staff regarding a commission on reinventing government. Staff was directed to provide more information to the Council and encourage a Bakersfield representative on the Commission. I have checked with the League of California Cities regarding the issue. Dwight Stennbakken indicated to me that Senator Bergeson's bill (SB 1234) refers to such a commission. Unfortunately, the establishment of such a commission (a Joint Legislative Committee on Realignment) dovetails with an impoundment/suspension of $30 billion in state and local government revenues to bring state and local government together to discuss the public finance structure. The bill is referred to in #2 of Legislative Bulletin #23-1993. League staff will be meeting this week with one of the topics a discussion of this bill. Dwight indicated that he would keep us informed as discussions ensue on a commission of the type proposed. The bill has recently passed the Senate and is in the Assembly waiting assignment. (m0722932) Attachments 07/22/93 Page 1 City of Bakersfield 5452 CA SB 1234 AUTHOR: Bergeson TITLE: Government financing INTRODUCED: 03/16/93 LAST AMEND: 06/18/93 LOCATION: ASSEMBLY CODE SECTIONS: An act to add Section 33365.5 to the Health and Safety C°de, and to amend Section 97 of, to add Sections 97.10, 6051.01, and 6201.01 to, to repeal and add Section 11005 of, and to repeal Sections 7202 and 7203 of, the Revenue and Taxation Code, relating to government financing. SUMMARY: Provides that a legislative body of a city or county shall not enact an ordinance to adopt or amend a redevelopment plan for a project area on or after 1/1/94. Provides that the amount of property tax revenue deemed allocated for the prior fiscal year to each local jurisdiction shall be zero and would require that the amount of revenue not so allocated be deposited in the Government Equity Revenue Allocation Fund. Makes other related provisions. SB 1234, as amended, Bergeson. Government financing. Existing law, known as the Community Redevelopment Law, authorizes the establishment of redevelopment agencies in communities to address the effects of blight, as defined, in those communities. Existing law establishes the procedures for a legislative body of a city or county to enact an ordinance to adopt a redevelopment plan for a project area, as defined. This bill would provide that, notwithstanding provisions of existing law, a legislative body of a city or county shall not enact an ordinance to adopt or amend a redevelopment plan for a project area on or after January 1, 1994, except under specified circumstances. Existing property tax law requires the county auditor, in each fiscal year, to allocate property tax revenues to local jurisdictions pursuant to specified formulas and procedures, and generally provides that each jurisdiction shall be allocated, in part, an amount equal to the amount of property tax revenue allocated to that jurisdiction in the prior fiscal year, subject to certain modifications. SB 1234 Citylink 7-22-93 Page 2 This bill would revise these allocation provisions by providing, for the 1994-95 fiscal year, that the amount of property tax revenue deemed allocated for the prior fiscal year to each jurisdiction shall be zero and would require that the amount of revenue not so allocated be deposited in the Government Equity Revenue Allocation Fund, which the bill would require to be established in each county. The existing Sales and Use Tax Law imposes a tax on the gross receipts from the sale of, or the storage, use, or other consumption in this state of, tangible personal property at specified rates. This bill would require that 70% of state sales and use tax revenues be deposited in the Sales and Use Tax Revenue Account of the Special State Sequester Fund, which the bill would create. Under the existing Bradley-Burns Uniform Local Sales and Use Tax Law, counties and cities are authorized to impose local sales and use taxes in conformity with state sales taxes at the rate of 1.25%. This bill would repeal those provisions. Under existing law, revenues from vehicle license fees in excess of the costs of collection are apportioned to the cities and counties according to certain specified formulas. This bill would repeal that provision, and would instead require that revenues from vehicle license fees in excess of the costs of collection be deposited in the Vehicle License Fee Account of the Special State Sequester Fund, which would be created by the bill. This bill would specify that it is the Legislature's intent that no moneys be allocated from the Sales and Use Tax Revenue Account or the Vehicle License Fee Account until the Joint Legislative Committee on Realignment, which would be created by the bill, has reported its recommendations and both houses and the Governor have acted upon its recommendations. This bill would provide for the establishment of the Joint Legislative Committee on Realignment, specify its powers and duties, and provide, for its termination on March 11, 1994. This bill would also specify legislative findings and declarations regarding the realignment of fiscal and programmatic relationships between the state government and local agencies to assist in the resolution of the state's SB 1234 Citylink 7-22-93 Page 3 fiscal crisis. The bill would provide that specified sections of the bill would become operative on July 1, 1994, unless a later enacted statute, which is chaptered before July 1, 1994, deletes or extends that date. Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no. STATUS: 03/16/93 INTRODUCED. 03/25/93 To SENATE Committee on RULES. 06/11/93 In SENATE. Withdrawn from Committee on RULES. To second reading. 06/14/93 In SENATE. Read second time. To third reading. 06/18/93 In SENATE. Read third time and amended. To second reading. 06/20/93 In SENATE. Read second time. To third reading. Re-referred to Committee on APPROPRIATIONS. 06/28/93From SENATE Committee on APPROPRIATIONS: Do pass. 07/02/93In SENATE. Joint Rule 61 (a) suspended. 07/08/93In SENATE. Read second time. To third reading. 07/15/93In SENATE. Read third time. Passed SENATE. *****To ASSEMBLY. VOTES: 06/28/93 Senate Appropriations Committee P 8- 5 07/15/93 Senate Floor P 21-14 END OF REPORT (sb12341) .~ ~,~ '~e~ M E M O R A N D U M ~~~' July 21, 1993 TO: H ON O RABLE MAYOR& C O UNC I LMEMB/B/B/~)/ FROM: JACK HARDISTY, PLANNING DIRECTO~~. / - SUBJECT: CONDITIONAL USE PERMIT #5227, KF~N COUNTY ALCOHOL CENTER, 2913 SOUTH "H" STREET (STATUS REPORT) This memorandum is in response to your request for an update on the two issues pertaining to the Conditional Use Permit. The first issue is the required security/privacy fence. Staff has informed me that the fence is in place as well as the slats. This requirement has been completed. The second issue is the paving of the parking lot. As you know, the Council recently approved the 93-94 Community Development Block Grant Program which included some funding participation by the City relative to the paving of the new parking lot. According to staff in the Community Development Division the required contractual agreements are in the preparation stage and it is now estimated that the paving will commence in late September 1993. xc: Alan Tandy, City Manager JUL 93 ~ o ~,~ 08 BAKERSFIELD PUBLIC WORKS DEPARTMENT MEMORANDUM 993 TO: Alan Tandy, City Manager FROM: Ed W. Schulz, Public Works Direct~ r ~. SUBJECT: Bike Path at the Kern River Group Picnic Area (West of Freeway 99) During a recent Council Meeting, a councilmember expressed concern regarding the new access road to the Kern River Group Picnic Area which crosses the existing bike path, creating a conflict which had not existed before. For the safety of bicyclists, stop signs have been installed on the access road for vehicular traffic on each side of the bike path, to allow bike path users uninterrupted travel. The crossing provides good visibility for both automobiles and bike path users. As an alternative (Option "A"), staff investigated the possibility of relocating the bike path to the north side of the new park. The cost of this option is approximately $60,000. This option conflicts with our commitment to construct a decomposed granite running/walking path along the same route. Also persons utilizing the park will most likely desire access to the river and its gently sloping sandy bank. Option "A" will create a conflict between pedestrians and bicyclists, especially young children wishing to access the river from the park. A need for an access path to connect the parking lot within the Dark to the realigned bike path would further split the park ~site. Another alternative, (Option "B"), investigated by staff consisted of relocating the bike path to the norEh side of the parking lot within the park. The cost for this option is also approximately $60,000. This option conflicts with individuals accessing the park and its facilities from the parking lot. It appears that this option will have the greatest number of conflicts with all individuals utilizing the park. The pedestrian traffiC within the park, from the parking lot to park facilities or from the park to .the river, will more than likely be greater than the automobile traffic conflicting with bicyclists as they enter the park. Since the intent of the park is to provide an area where people go to relax and where children play, putting the bike path within the park area will reduce the relaxation level of those individuals as they may need to constantly keep an eye on children playing near the bike path. The existing condition seems to be the least conflicting, and while there may be some risk the available alternatives appear to provide a much greater risk. p: bkpathpk, aea / cONSTRUCTiON OF KERN' RIVER PARKWAY cITY oF BAKERSFIELD PUBLIC WORKS DEPARTMENT MEMORANDUM July 23, 1993 TO: ALAN TANDY, CITY MANAGER FROM: ED W. SCHULZ, PUBLIC WORKS DIRECTOR ~, SUBJECT: RESPONSE TO CITY COUNCIL REFERRAL, RECORD #12018, LANCE ROTH LETTER - SOUTH LAURELGLEN/PIN OAK PARK AREA TRAFFIC CONTROL (WARD 4) The following response to City Council Referral #12018 is in regard to a citizen request for additional traffic controls in the South Laurelglen/Pin Oak Park area. Staff recently received a~copy of the Council Referral and a copy of the letter from Mr. Roth to Councilmember Brunnl dated July 2, 1993. Mr. Roth is requesting the City install several traffic controls and signs in the area. Staff briefly discussed the traffic conditions in the area with Mr. Roth. Staff has scheduled traffic studies to be performed after the school year starts since school traffic will greatly affect the traffic volume. A report and recommendations will be made after the studies are complete and data collected. Should you have any questions or require additional information please let me know. July 2, 1993 Conni Brunni Bakersfield City Council 1501 Truxtun Ave. Bakersfield, CA 93301 Dear Conni; I need your help to solve a problem that is growing in my neighborhood. Residential and non-residential' traffic speeds along the South Laurelglen-Pin Oak Park- Park View corridor in excess of 50 MPH. Drivers commonly run the few posted stop signs. Speed limit signs are not installed anywhere along South Laurelglen Blvd., Pin Oak Park Blvd. or Park View. These streets are becoming busier and traffic is moving too fast for continued sate access to adjoining residemial, school and park areas. Especially at risk are the children. ~ My family has lived in the Oaks si/ace December 1990. Traffic on South Laurelglen increased significantly when the stoplights on Gosford were installed. The lights clearly improved the. safety faCtor in negotiating that intersection. However, no action has been taken by the city since that time to mitigate the effect of increased automobile and truck traffic cutting through our neighborhoods to Campus Park, Tevis Ranch and White Lane. The Gosford-South Laurelglen-Pin Oak Park-Park View alignment creates a shortcut for drivers in those areas. See the attached map for details. I know that the city has periodically observed traffic counts on these streets through automated traffic counters. Different solutions may be under review' to solve our traffic problems. However, no action has been taken to reduce speeds, control intersections or restrict traffic. It appears we may need a serious accident or injury lawsuit to trigger action. One option, installing stop lights at the intersection of'White Lane and Park View, would cause a large increase in traffic and would have a very negative effect. This would make it even easier for Campus Park and Tevis Ranch residents and White Lane commercial traffic to cut through our neighborhood. Speed limit signs should be posted and enforced along South Laurelglen Blvd., Pin Oak Park Blvd. and Park View. Three way stop signs should be posted at the intersections of the above streets. I believe that speed limit signs and three way stop signs are necessary to prevent serious auto or pedestrian accidents. "No Trucks" signs should be posted at the intersection of Gosford and South Laurelglen and other entrances to The Oaks. Signs like these are Posted at the entrance ~o Campus Park. Enforcement of Posted speed limits and other traffic regulations (i.e., speeding through school zones Or running stop signs) could generate, needed income for the city and help prevent the inevitable traffic accident. Speed limits on South Laurelglen should not exceed 45 MPH based upon similar streets in the Southwest. Speed limits on Pin Oak Park should be lower considering the school to the south, the number of curves, and the park to the north. Speed limits on Park View should not exceed 30 MPH because of the adjoining park. Presently most traffic appears to reach speeds of over 50 MPH. Another issue concerns the impact of increasing traffic on property values. Over 45 homes back Up to these streets, and if nothing is done to mitigate speed or volume, values will decline. Losses to homeoWners and the city in the form of lower property tax revenues will be significant. Of cour~se these losses are difficult to quantify, however, .I urge you to consider the consequences. · Obviously we must work together to avoid these problems. The costs of one accident, whether the city was found liable or not, would greatly outweigh the cost of preventative measures. I would deeply appreciate your assistance in coordinating'action by the appropriate City departments. I do not know what steps to take next, but I am willing to assist you in pursuing a permanent solution to this problem It would be very beneficial to all of us if the city completes work before' school starts, in the fall. Again, I would appreciate your help and cooperation. Sincerely, Lance J. t .~R;th 8913 Landover Lane Bakersfield, CA 93311 633-4489 m Bakersfield md ~..~ ~ ' I ams. More se~ice t M~ ~ cation rates ~so ,," a~ welcome. C~ ~ - / Wllflut ~NE PANAMA ~NE BUENA VISTA ~ ~ E " CLARK " BAKERSFIELD Alan Tandy · City Manager July 23, 1993 Mr. Bart Hill San Joaquin Bank 1301 - 17th Street Bakersfield, CA 93301 Dear Bart: At our meeting of July 21 st, you asked me for some level of detail on what the catering agreement is in the Letter of Intent to develop the Convention Center Hotel, and how that modifies the current arrangements at the Convention Center. Currently, and in the past, the City has had a bid arrangement on liquor concessions, which are awarded based on the best price, on a multi-year basis. The current contract is with an out-of-town firm and runs for about three more years. The proposed agreement with the Convention Center Hotel, at the expiration of the existing agreement, would convert that over to the Hotel. We do not see this element as being controversial, since an out-of-town firm has had the contract for many years. The past and current practice on catering is that it is open. Groups sponsoring events Pick a caterer of their choice. Several firms are used. The Letter of Intent with the hotel" devel°per modifies historic Patterns by making the hotel operator the caterer of record, effective in June 1997. Prior to that time, there would be 25 exemptions per year. 'Those eXemptions relate, roughly; to the 25 largest catered events we currently have at the Convention Center. After June of t997, however, the Hotel and City, by mutual agreement, could agree to exclude certain events from the caterer of record category. "Caterer of record" means that they have an exclusive right to provide the food service, just as SportService currently has the exclusive right to provide liquor service. All fees and payments to the City, under the proposed arrangement, would be the same as they currently are..The City Council would control the menu, and the, pricing of menu items, by the Hotel through contractual arrangement. We currently do not have such controls under the open arrangement on catering. The 'new policy, in the short .term, will reduce business for local caterers. The overall goal of the whole project is, however, to bring in business not done in Bakersfield before, and to have events and a monetary flow here that does not currently exist. The Ion.q-term .qoal is net .qain for all parties, althou.qh we would acknowledqe that, in the City of Bakersfield · City Manager's Office · 1501 Truxtu'n Avenue Bakersfield · California · 93301 z~h~\ ~9~. ~2'7ql ~ IA\' ~,qf/q~ ').9q._CIIFA9 Mr. Bart Hill San Joaquin Bank July 23,1993 Page-2-. short-term, there is .qoing to be some level of business disruption to the local caterinq community. The concept agreement has Some administrative advantages for us, in that it simplifies the number of parties with whom we deal, simplifies pricing, and combines both the liquor and food service into one vendor. We are not concerned about quality of service provided under the proposed arrangement, 'because the Hotel has a mutual business interest along with the Convention Center, in terms of attracting and retaining events and the firm we are dealing with has an excellent reputation nationally. As a broader overvieTM, the basic issue is as follows: We have had a "shell" of a hotel sitting down there for five years and, during that period, we have not been able to attract the larger and more frequent conventions that would represent a huge economic'impact on downtown Bakersfield, and the community as a whole. In order to convert that "shell." into a funCtioning, prospering business, there are certain levels of revenues that are necessary in order to make that happen. Because Bakersfield has a limited market, with respect to conventions, one of those revenue streams is the food and' liquor concessions in the Convention Center. This is not at all an uncommon arrangement where convention centers and hotels are in proximity to one another, and it is one that may be essential to converting from the "shell" to a functioning business enterprise at the Convention Center Hotel Site. Despite all of the arguments for making the catering change, we are actively 'negotiating with the. developer now, with the intent of moderating the exclusivity element so as to reduce' disruption to local caterers as much as possible. If you have any questions, I would be happy' to respond to them. L~Alan Tandy .~' City Manager / AT. alb -cc: Community Services Department EMORANDUM July 16, 1993 TO: PLANNING COMMISSION FROM: JACK HARDISTY, PLANNING DIREC/-'~///~T~ SUBJECT: GPA CYCLE 3-93 - REVISED The following cases are now in process and scheduled to be heard by the City of Bakersfield Planning Commission at the September 16, 1993 meeting. Segment I: DeWalt Corporation, applicant; 39 _ acres on northeast corner of Main Plaza Drive and Baron Avenue in "Riverlakes." The proposal is a reduction of density in order to build single family dwellings on small lots. Segment II: Thomas Fallgater and James Rowland, applicants; 16 ___ acres on northwest corner of Stine and McKee Roads. The proposal is a commercial center. Two future school sites are adjacent to the site, both north and east. Segment III: Turman Associates and Alfred Louie, Inc., applicants; 60 _.+ acres on northeast corner of McKee and Stine Roads. The proposal is a prezoning to R-1 on 40 acres and E (Estate, 10,000 sq.ft, lots) on 20 acres as a preparatory step in annexation to the City. Segment IV: Carriage Homes, applicant; 7 acres, 300 feet east of Jewetta Avenue, 1,200 feet north of Brimhall Road. The proposal involves a change from 18,000 sq.ft, lots to 10,000 sq.ft. lots. Segment V: Kern College Land, applicant; 19 _ acres south side of White Lane between Saddle Drive and Mountain Vista Drive. The proposal is for single family dwellings on lots of at least 6,000 sq.ft. Segment VI: Gargano and Associates, applicant; 12 __. acres, at the southwest (instead of northeast) corner of Wible Road and Panama Lane. The proposal is for a commercial center. Segment VII: Cambridge Properties, applicant; 5 _ acres, northeast corner of Ashe and Harris Roads. A "downzoning" from commercial to single family residential. MG:pjt 1\m3.93 B A K'E R S F I E L D Alan Yandy .· City Manager July 20, 1993 Ms. Leslie Gregory, President Bakersfield S.P.C.A. 3000 Gibson Street Bakersfield, CA 93308 Dear Ms. Gregory: I would like to take this opportunity to thank the S.P.C.A. for their cooperation during'a very difficult budget year. AS you are aware, due to actions taken by the State and reduced sales tax revenues, the City was faced with downsizing staff for the first time in recent memory. In addition, we were forced to increase fees and reduce Services in many areas. , Like many of the City's departments, the S.P.C.A. found it necessary to cut expenses and increase fees in order to maintain service levels. The cooperation of Dianna Knapp, Executive Director, her staff and the board in preparing the 1993-94 budget is greatly appreciated. Ilook forward to continuing this cooperation in the future. Sincerely,~ City Manager AT:jp City of Bake~'sfield · City Manager's' Office · 1501 Truxtun Avenue Bakersfield '· California · 93301 B A.K E R S F I E L D MEMORANDUM TO: ALAN TANDY, CITY MANAGER/ v ~,.~/~ /. FROM: OFFICE OF RISK MANAGEMENT~'-'''-''~ '' SUBJECT: CLAIMS ACTIVITY REPORT FOR THE MONTH OF JUNE 1993 The claims activity during the month of June 1993 was a result of actions in the following City Departments/Divisions: NEW DEPARTMENT/DIVISION CLAIMS FILED FILES CLOSED COMPLAINTS FILED Police 5 3 2 Streets 4 1 0 Sanitation. 2 1 0 General Services I 0 0 Fire 1 2 0 Engineering 1 0 0 Parks · 0 1 0 14 9 2 The new claims filed during the month of June 1993 resulted in the following types of damages: CITY THIRD PARTY DAMAGES DEPARTMENT/DIVISION VEHICLE INVOLVED VEHICLE DAMAGE OTHER PROPERTY INJURIES Police 1 I 2 1 Streets 0 2 2 0 Sanitation ,2 2 0 0 General Services 0 0 0 ~ 1 Fire 1 1 0 0 Engineering ~0 , 1 0 0 4 7 4 2 Claims Activity Report - June 1993 Page 2 As a result of the June activity, the year to date (fiscal) totals are as follows: Claims Filed Claims Filed # of Claims Department/Division in June Year to Date Open @ 6/30/93 Police 5 48 49 Streets 4 31 22 Sanitation 2 14 5 Engineering 1 2 5 Parks 0 6 3 Fire I 8 3 Other 0 3 3 Building 0 2 2 General Services I 3 2 Recreation 0 2 1 Auditorium 0 1 1 Water 0 0 1 14 120 97 NOTE: There was an increased number of claims in June involving third party vehicles - especially involving backing incidents. Risk Management will be reviewing divisional backing policies or assisting in the development of such. Claims Activity Report - June 1993 Page 3 POLICE DEPARTMENT California Casualty Indemnity Exchange for Jameson and Jane Terrell, DOL: 3/27/93; Claim is for damages allegedly caused when claimant's vehicle and a Police Department vehicle collided at Columbus and Union Avenues. Pedro C. Benitez, 217 Lakeview Avenue, DOL: 6/11/93; Claim is for damages allegedly caused when a Police Department officer's stray bUllet struck claimant's home. Rudolfo J. Campos, 7108 Angoras Court, DOL: 10/28/92; Claim is for damages allegedly caused when a Police Department officer climbed over claimant's fence, and allegedly damaged it at 1019 "N" Street. Lisa Marie Rouzi, 1701 Fremont Street, DOL: 1/7/93; Claimant alleges she was falsely arrested by Police Department officers. Cynthia A. Sheen, 6100 Diamond Oaks Avenue, DOL: 5/2/93; Claimant alleges she was falsely arrested by Police Department officers. STREETS Hocking, Denton & Palmquist, 3511 Union AvenUe, DOL: 6/4/93; Claim is for damages allegedly caused when a City sewer line back flowed into claimant's business at 3511 Union Avenue. Kenneth Beavers/Creative Realty Mortgage, 3509' Union Avenue, DOL: 1/5/93; AND 6/4/93 Claim is for damages allegedly caused when sewage from a City line back flowed into claimant's business at 3509 Union Avenue. Gregory John Torgerson, 217 Mt. Vernon Avenue, #22, DOL: 1/2/93; Claim is for damages allegedly caused when claimant's vehicle hit a City sewer manhole cover at 2605 Lochfern Avenue. Dave Ginn, 1223 Washington Street, DOL: 2/8/93; '. Claim is for damages allegedly caused when claimant's vehicle hit a hole in a City street at Brundage Lane and Washington Street. GENERAL SERVICES Sarah Blackwell,. 1011 Lakeview Avenue, DOL: 1/25/93; Claim is for damages allegedly caused when claimant fell over an uncovered signal control receptacle at Lakeview and California Avenues. Claims Activity Report - June 1993 Page 4 FIRE Arthur F. Montanio, Sr., 10016 Rosedale Highway, DOL: 4/27/93; Claim is for damages allegedly caused when a Fire Department vehicle backed into claimant's vehicle at 4211 "F" street. SANITATION Douglas Joe Bingham, 5416'Silvergate Street, DOL: 5/10/93; Claim is for damages allegedly caused when a Sanitation Division vehicle backed into claimant's vehicle parked in front of his residence. Muriel J. Thornburg, 1752 Southwood Drive, San Luis Obispo, DOL: 5/22/93; Claim is for damages allegedly caused by the negligent operation of a Sanitation Division vehicle in the 1400 block of Vera Cruz Street. TRAFFIC ENGINEERING Allstate Insurance and Diane and Larry Halliday, 5251 Office Park Drive and 6406 Stockdale Highway, #4, DOL: 6/9/93; Claim is for damages allegedly caused when claimant's vehicle struck a traffic counter hose in the 300 Block of New Stine Road. CLAIMS CLOSED/SETTLED DURING THE MONTH OF MAY POLICE Sharmila Ann D'Costa, DOL: 4/2/93; Claim is for damages allegedly caused when a Police Department vehicle rear ended claimant's vehicle. City settled case for $333. Carolyn and Teri Beldon, DOL: 11/6/92; Claimant alleges false arrest by officers of the Police Department. Closed - no court filings. Verneda Pierce, DOL: 10/7/92; Claim is for damages allegedly caused when the Police Department was chasing a suspect's vehicle, and the suspect crashed into the claimant's fenced yard. Closed - no court filings. FIRE Arthur F. Montanio, Jr. 4/27/93; Claim is for damages allegedly caused when a Fire Department vehicle backed into claimant's vehicle, City settled case for $723. Douglas Joe Bingham, DOL: 5/10/93; Claim is for damages allegedly caused when a Sanitation Division vehicle backed into claimant's vehicle. City settled case for $540. Claims Activity Report - June 1993 Page 5 PARKS Kyle Smith, DOL: 4/7/93; ~ Claim is for damages allegedly caused when claimant fell off a toy in Jastro Park. City settled case for $2,000. STREETS Loretta Meade, DOL: 9/11/92; ~l~im i_~ fnr dnm~_.~ ~ll~o~dl.v ~.~H_~H by a rt~f~ntive ~i~ _~id~_w~lk ~.l~.~_d - nn ~nHrt filin~.~ SANITATION Muriel J. Thornburg, DOL: 5/22/93; Claim is for damages allegedly caused by the negligent operation of a Sanitation Division vehicle. City settled case for $2,141. CLAIMS WITH RESULTING COMPLAINT AND/OR SUMMONS FILED DURING THE MONTH OF JUNE POLICE Linda Duffey and Linda Brown, DOL: 8/13/92; Claimant alleges her civil rights were violated by officers of the Police Department. Curt Tichenor, DOL: 5/20/92; Claimant alleges the use of excessive force by Police Department officers. cc: City Council Lawrence Lunardini, City Attorney City Clerk's Office - Natalie Welty Newsmedia File