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HomeMy WebLinkAbout02/25/94' " • , B A K E R S F I E L D MEMORANDUM February 25, 1994 T0: HONORABLE MAYOR AND CITY COUNCIL FROM: ALAN TANDY, CITY MANAGER SUBJECT: GENERAL INFORMATION 1. It is always a pleasure to be able to put good news in this document. On Thursday and Friday, our Marks-Roos Bond Pool sold. We did not hit the absolute low end of the scale on interest rates, as there was some bubbling in rates that occurred in the last couple of days, but everything works. The rates are reasonable. All financing for the Hotel is now in place. The Laborde property owners will see a substantial rate reduction and the "savings" on the deal will pay for the ballroom and meeting rooms. 2. This is a reminder that I will be on vacation March 9th through 16th. I will miss a Council Meeting. During my absence, Gail Waiters will be in charge the first week (March 9-11); John Stinson will be in charge the second week (March 14-16). It gives them both experience that way! 3. In response to an item that appears in the Council Goals relative to a desire to streamline our regulations, I am contemplating using a streamlining process I have used in two other communities. Basically, it consists of taking people from a cross section of the development community and utilizing them to review our internal processes and procedures to identify regulations which may not be necessary, and to articulate ways to be more efficient in processing. At this point, it is just a concept we are working on at staff level, and have chatted about with the BIA. I think it might be a valuable tool. I also note in making this proposal that, from my viewpoint, the City has historically done a good job, in terms of trying to streamline and make efficient its development processes in comparison to the vast majority of other communities. It does not mean we can' t get better, but I do want to cl ari fy that thi s i s i n no way a criticism of our deveiopment processes. 4. Enclosed you will find a copy of an agreement submitted by the Trade Council to the Hammons firm, relative to the settlement of that issue. In it, the Trade Council tried not to indemnify us, leaving us exposed to lawsuit. It was also tied to a project agreement which, from the outset, has been unacceptable to Hammons. Hammons will revise the document and resubmit it to them. They have developed a corporate policy that recognizes they are going to live with us in this community, and they will not sign an agreement which does not indemnify and protect us, as well as themseives. Dialogue will continue. HONORABLE MAYOR AND CITY COUNCIL February 25, 1994 Page -2- 5. I raise a question for you: With the "new" money for the parks maintenance having been voted down, do you, or do you not, wish to consolidate the districts from 44 down to 7? It would certainly be an administrative improvement, provide for greater clarity for taxpayers in the districts, and should reduce costs. On the other hand, some people's rates go up; some people's rates go down. You would probably get a higher level of protest the first year by doing this. So, please give it some thought and let me know. 6. I am going to go ahead and set in motian the appointment of the Fire Chief. I had talked about a longer delay, but I will go ahead and initiate a deliberate process, at this point. 7. We are anticipating the return of the Prostitution and Drug Loitering Ordinances the second meeting in March. This will continue to give time for community input and possible amendments ta the language. I promise, these Ordinances will not be lost sight of. 8. The Intergovernmental Relations Committee met this week. It does not look like the CSA for recreation and the Kern River Parkway is being considered very seriously by the County any longer. This is speculation, rather than their exact words, but I even wonder now, in light of their comments, if they will proceed with the universal collection of garbage in the Metro area. They seem to be hedging a bit. Th� meeting did reveal that the EIR for the South Beltway should be out in March or April. 9. Responses to Council Referrals and inquiries are enclosed regarding Valley Communities' request for release of deposit, the PUC's inspection of railroad crossings, the zone change at Calloway and Brimhall and the siting of the metropolitan recycling complex. 10. We met with the Kern County City Nianagers on the new County annexation policy this week. A memo that went to them is enclosed. We will be working on team efforts of the cities to address this - more information will be available later. AT.alb Enclosures cc: Department Heads City Clerk SE�IT BY � 2-23-94 � 15 � O1 � JOF�VV Q HAhIlKONS 1 ND. -► 805 324 1850 ;# 1/ 3 - JOHN Q. IEiAMMONS INDUSTRIES 300 J�HN O. FfAMMONS PAAKWAY - SUITE 900 TEL, (a1T) 8H4-a300 SPRINGFIELD, M�SSOUFiI 65806 FAX (ai7) 864-8800 *********��*********� * FAX TRANSMITTAL * ***************�***�� DATE: �/? ;�g � TI:SE: � i O!� � PAGES : � (includes cover sneet) TO o �L �• �✓ T��J �j Y RE: f�,�'`1��F � L�a a/C iJ� �£� � S S l/� F1toM: I-�i'�-�' S/�-� � Y r�`.t�S� NOTES : -� S'�'�K E� �✓ / TI`� ��►��' �d�S �c�%='�s'"C. � � �L �`�9� S �'"� C.4 L L. �! � Zf you do u�t�ece ve alI the pages, or have difficulty reading any of them, please phone /�7` at 4111864-4300 as soan as possible. 'Ihank you. �� gy : 2-23-94 � 1�� O 1� JOtIlV Q HA11�10NS I�(D. � 805 324 1850 :# 2/ 3 - -- -- - -- -- ..._, . .... ...__... r.r�.a _ , ... . ' . ..r. ..• . ��. ��r . � . . r��L'�:i..Y. AGk F,�N�;J�T T1iI� AGREENlESJ: I3 HEI'W£EN JL'H1r1 (',' HA�I7T70N.ri, HIS W1F�, JUANITSi H�I�10NS 1 HEF€INAFTER "DEVELOPER" ) AND :'HE LOCAL lJNI0N5 SIGNATORY HERETO ApL1 aFFiLIATED WITH Ti� BUII.DING ANL� CONSTRUCTION TRADES COVNCIL eF �:ERN, iNYO AND MONO CQUNTIES iHEii$INAFTER "BUILDINs TRAUEB UNI02�$") �Nn T�s�}� �TSrT,nTnxa �nt�n�� C`ATTN�`T]. !�F ��ror. �u�r� aNn �►a� �rTF4 �f ii�auring that che �r�jECt dEarrib�� hexa��' ie �silt vichout labai diaputp, that the projac�t i,� built �t a r*a��nable ao�at with akilled crafc.a psc�le a:id chac to th� maximum BXC@ggC po�oiblo uuio�� cr:�its���eopla are ernpleyed cindsi cvllective bargaiz�ng agraemea�4. � DsvsLOPER �hall prc�vide to the BUII,DiNG TRADES COONCII. rcicvant iu�ormatio�� aith reepecc ta the aenetu�c budgec�d i�� cengtrucLion in�luding amounte budge�eei for eubcra�te. 2 T4�is Agreemet�t fe appi.icablc a:zly �fl thv Arajeet Dagcribed iu thc Di�pv�ition il'la Developm�nL Aqrcement be�ween �evelop_r.r, tht City of Bakerefi�ld and thE CEntral Dietrict b�vel��nenc 1�gency dated . This Agrremr,nt ie limited to t�a� Projeet aa da£f u�d iii 3eatiai� 2�Z of that Agr�eeneiit . 3 DEVSLOFEA ehall ent�Yt�i�l bid� fer conet�°ucti�iz �rork ao cL►fi�sedl in E�chibit B frvco oniy uaior� aignatvey contracto�:�, Unio�i eiau.atory coi�tractors gr• �heee cautractor� s,rho �r� signatory to aut agr�ement with the BUZLDIN(� TRADEB UNIONS. 4. Thdee bida •hall be opened on 195��4. Yf the t�tai atrou:it of Lhi loa►aoc bide �rom cniici�etore which a�� reeponoible a�nd bonda�ble is le�� than .� PEA ehall award tl:e w�oric co tho�e contza�torc+ a�id all term� of �h� �rajecC La3�Y Agreeme.nt a�taehec� a• �xhibit A ahall be applirmbl� �o titoae cantract4ra. Na canLracLOr may be awarded urork a.��l �rark om th�r ,prv j ec� who i a not pax'ty t c� th� Proi ect Labc�r Agxe�er.L . 5 If �hc total s�mount of the bids from c�trac�or� which are reepou��£�16 artd .baudal�le f e mare than , tho�� ceatra�tors e�wil hsv� dayr� tc re�ubmit �3.de viiose • tot�l 3e 1�so chan . If th� amvsl2lC i� Yees tha�a ' ���zr resu�mi��ivn of the bi�de, .: t$�e Pro� ect ahail be cc�et�pi�eed unds+c. the tqrnt� af •tha Proj�ae Labor �r��nt. 6 I f �he anwuut. . o� bide i s. eaorQ chan DSVEIAPEA ��il be .#ree ta. entiertain bid� from� ar�y cemt�actv�-. 7' The BIIZLDiNd TRADE3 �i3NCSL and th� BUZI�IASd TR�ES UNIOMB �ugree chat t�aey ehail z�t e�gaga in any �trika or �icket ��tivity •c t�� �ro�ert durinq the perioc't of ite ccrsetruczion. , i�� � The 9VI7sBING '!`RADES COUNCIL and BVILDINC °TRADF.� 8%i�1I0Ia8 agrae that Li�ey ehall s�at participat� i:i or fizsanc� �ny ��giyaciort vith UEVELc?PER vr�ie Gencr�l CoatracLOr. I'4cDevitL. 9tro�� �ad Eavie, irs v�icn a�ty alaim .�e mad� chac ct�� prevailli�q �►�Qe 4C�lifcrnla �L:abar Codt § 1720 ) f 6 appiic:bi� vr gov�=-sso tha !��°e�j��� . � Any dispute sem to the me�ing, �pplicatiom os in�el'pretatio�l of ;)rr,^, ��..•��.�.i.:�,;ta :jR1j;:Nf:�A�' 1�`-i1 ;R7U:rrn.. i9�n:1'cY?mF'��C1:idAI��Y�•r.ce...t. : +r; ,.':+L'r;j"r,"._'�71.-, .. . �•,�......,..-•• ,. . ... . �r.. . . ... .. :'+.4. •_`�• . .. ..� . . • .�� BY' 2-23-94 : 15 � 02 : JOf�V Q HahIlVtONS ( �ID. J 8U5 32� 1850 :# 3/ 3 t2:i r. :.g�eemKU� �: ali 1�� i�rc�lv2d Lh�ui�}1 r_l:� lunwi 1��1� 111'bitz'rCi.ul� --. �_�a i F,� f o�- Lal�oi- Ai�i: i� �•at. i on , Any �li ap;it. w e• .r.n�.•�:-nir:�; e i:c �'x pj F�•L �abc�l :.�re�:mriit c�h�J: }�� i•adolveci �l�i•c�uql� ehe p:-oc�aii,��•�e� Co»taiiied therciii . � � � � , `I �; �:�,. -% , � � . . .., . . . : :. . % . � � B A K E R S F I� L D PUBLIC WORKS DEPARTMENT I501 TRUXTUN AVENUE BAKERSFIELD, CALIFORNIA 93301 (805) 326-3724 ED W. SCHULZ. DIRECTOR � CITti' FNGI\EER February 17, 1994 r Kern Council of Governments 1401 - 19th Street Bakersfield, CA 93301 RE: South Beltway Environmental Impact Re�ort Honorable Council: ; i,�; /i -�� '' . , i �� � � �` �i ��� r� �, (��C�[���C�D � ��b � � �M . ' i Co`t�P 6�QG��QC�[�G°3°� OG�f��l�l� We wish to take this opportunity to provide additional i�put regarding the environmental review for the South Beltway locat�on efforts. City of Bakersfield staff have been very involved in the be�tway location staady and analysis from the first efforts. Our staff has identified eorrido�s, located potential interchange locations, estimated right of way requirements, estimated �aght of way and construction costs and participated in input for the computer modeling runs. As a result of these efforts, City staff still recommends a preferred route designated as alignment "A" and which eJrtends from I-5 to east of Weedpatch Highway and will be recoffimending same to the adopting bodies. It is our preferred route for the following reasons: 2. 3. It best serves the traffic demands of the co�idor to be serviced. It will ultimately provide enhanced traansportation opportunities to the Lamont area nonulation center. It is least disruptive, in our opinion, to e�sting and planned development (disregarding the DiGiorgio align�eni as ��i�g too far south). It is recommended your Council certify the envi�onmentafl document as being complete and refer the document to the City of Bakersfield and Kerai Cm�anty for route selection bearings and route approval. Very truly yours, �� • ED W. SCHULZ Public Works Director � �, �. � � � � � �: � � �: � � � � � � � . _ -- - - �y B A IC E R� F I E L D PUBLIC WORKS DEPA1tTIvIEI�T'T r MEMORANDUIl� II TO: Alan Tandy, City Manager FROM: Ed W. Schulz, Public Works Director �, DATE: February 17, 1994 �F. C � �� �;'d"� � ��'a���y:<._�x' .�i�'�1� - SUBJECT: City Council Referral Record #12090 Request by Valley Communities regarding release of deposit monies relating to Sewer Farm #3. (Brunni) Attached is a copy of the status report on the Valley Communities issue regarding release of reserve account. Without their cooperation in working with the Sfa.te, this issue will remain open for the time being. .�o REF12090 Attachment ' . °-�. �„„�„�,� �,,,, � { �' , �_ ,.��=_ a,, `. .. . :. r�_ � 7. _ ;\,,�y� • \ � ��q0 �,T���Wbi� � _��:•, Y J .,'�QC __i�: _ `����o _���/`� 1�,'��II�111, MEMORANDUlN FEBRUARY 15, 1994 TO . ED SCHULZ PUBLIC WORKS DIR. FROM . JOE TURNER, WASTEWATER SUPT. �� �.�,w�..��_ SUBJECT: VALLEY COMMUNITIES, INC. REQUEST FOR RELEASE OF RESERVE ACCOUNT DEPOSITS On 2-14-94, I contacted Dave Hugie of Valley Communities, Inc. regarding the current status of the above mentioned subject. Dave indicated that they still feel the reserve account deposits should be released. He indicated the matter has been put on hold and is currently at a stand still. He said they would be sending us a letter in the near future regarding the matter. He did not say when this would happen. In addition to the above, I conducted an inspection of the I-5 Effluent Disposal Site with David Daniels on 2-10-94 to document any standing water and the areas being farmed. The areas observed are shown on the attached drawing. As can be seen, water is being allowed to stand on more than 600 acres. Based on the results of the inspection, it appears Valley Communities, Inc., or even the City, should obtain verification from the California Regional Water Quality Control Board that the method of managing the water as indicated on the drawing is acceptable. Until this is done, it is questionable if the reserve account deposits should be released. Should you have any questions regarding this matter, please give me a call. CJT/bl Attachment cc: Gail Waiters, Asst. City Manager .� _ --- --- i I � � B A K E IZ S� I E L I� PUBLIC WORKS DEPARTA�ENT I501 TRUXTUN AVENUE BAKERSFIELD. CALIFORIVIA 93301 (805) 326-3724 ED W. SCHULZ. DIRECTOR a CITti' EtiGItiEER Febru'ary 22, 1994 ALEX E. LUTKUS, Chief Rail Engineering Safety Branch Safety Division ' Public Utilities Commission 505 Van Ness Avenue San Francisco, CA 94102-3298 Dear Mr. Lutkus: Approximately a month ago an on-site inspection was conda�cted at several local street crossings with the Southern Pacific Transportation Compa�y railroads. 'I'he inspection team included members of your staff, railroad representatives, � City Council member and City staff. The primary purpose of the inspection was to demo�strate to your office the need ior better m��ntenance of these crossings. We really appreciate the manner in which the inspection was conducted and your prompt written response to the City Manager regarding your fandings and a reco�endation for repair of various locations. We wish to advise you that repair has begun at ffiany of �he crossings with the assistance of City maintenance personnel where appropriate. Wit1a your continued assistance in this matter we hope to bring the crossing repair issue to a c�ose as rapidly as possible. Again, thanks for your co�peration and assistanee. Very truly yours, � ED W. SCHULZ Public Works Director D ry �,� � � ���� �� cc:- Alan Tandy, City Manager �� � �05n� 4�n1Q�Jla(�s(��3°� OFFiCIE� ; . I',t - : p � .• " CITY COUNCIL REFERRAL MEETING OF: 02/09/94 REFERRED TO: PUBLIC WORKS E SCHULZ ITEM: ftECORD# 12987 Railroad Crossing issues. ;Brunri) 7�.'�!i '�qy 7�.n � �:a �a 1!�-; i� �� �i �J r- E� 1 �t 1994 rUBUC WORftS QE�ARtP�!��'�T ACTION TAKEN BY COUNCIL: BRUNNI REQUESTED STAFF DP,AFT A THANK. YOU LETT�R IN RESP�NSE TO THELETTER REGARQING TNE RAILROAQ CROSSINU ISSUES. BACKUP MATERIAL ATTACHED: YES DATE F�RWARDED BY CITY CLERK: 02/11/94 _- STATE Of CAUfORN1A ° PETE WIISON. Goremor -� P��B��C' UTIUTlES COMMISSION "sos v�N aess �veNUe SAN FRANCCISCO, CA 94103-3298 0 January 27, 1994 - Alan Tandy, City Manager City of Bakersfield 1501 Truxtun Avenue Bakersfield, CA 93301 Dear Mr. Tandy: - In response to various correspondence, includinq a letter from your office on November 4, 1993, on-site meetings were held on Friday morning, January 21, 1994 dt 5evegal street crossings of railroad tracks belonging to Southern Pacific Transportation Company (SPT) in Bakersfield.. The following people met to discuss the condition of the crossing surfaces: Conni Brunni Ed Schulz Luis Peralez Jerry Maxwell Teresa Morales 5teve Minton Alex Lutkus Haji Jameel Art Aldridge Councilmember, City of Bakersfield Public Works Director, �akersfield Asst. Superintendent, Streets, Bakersfield Roadmaster, SPT Co. Assemblyman Harvey's Office � City of Tehachapi CPUC CPUC CPUC Revisions were made to some of the prearranged meeting sites, as further study by City revealed higher pr�orities at other crossings. The following crossings were inspected, with noted findings. 1. Hughes Lane, Crossing BT-318.9a Th�.s crossing is in good condition; no repairs recommendedo 2. White Lane, Crossing �BT-318.6: Some patching has been done recently; high spots exist near �he median; a plank is loose under eastbound traffic. Repairs are planned within the next couple of weeks. 3. South H Street, Crossing BT-318.2: Some patching done; Jerry Maxwell agreed to do some additional patching and replace a loose plank. 4. South Chester Avenue, Crossing BT�319o5: This crossing has been repaired and is in good condition. 5. Wilson Road, Crossing BT-317.3s Some planks are worn down; some asphalt patching has been done, and � bit more patching would help. Patching is planned within �he next couple of weeks. .,� Cft�ll 1a1��uY � �V�C1.711C1v l..l�.Y 1•lal�ayci � - �a�ua�cy 27, 1994 � - _ F'aqe 2 , 6. �rundage Lane, Crossinq BT-315.2: Pavement is raised at edge of rails; Mr. Maxwell agreed to patch and trim the raised pavement. 7. California Avenue, Crossing BT-314.15: Patching has been done between tracks; easterly track is not used; center track (siding) is a bit lower than main line, which can cause some discomfort to motorists. CPUC staff is.recommending this crossing for Federal Section 130 funding for additional warning signals and renewed surfacing, but this is a long range process involving competition for funds, agreements, etc. City will commit 10$ matching funds when fundinq becomes available. In the meantime Mr. Maxwell has requested his ananageanent's approval to remove planks and pave the crossing. 8. Baker Street, Crossing B-312.9: Pavement is rough on the outer edges, particularly for pedestrianse Mrm Maxwell plans to resurface this crossing within 60 days. 9. District Blvd, Crossing BT-321.4-Cs Crossing is in satisfactory condition; a bump that was reported to have been there during an earZier review was no longer gresent. Mr. Maxwell agreed to provide some additional patching in the next couple of weeks. The cooperation exhibited at the meetings by all parties is appreciated. > Should you have any questions please contact either Art Aldridge at (415) 557-2641 or Lorna Benne at (415) 557m3420. Very truly yours, � ALEX E. LUTRUS, Chief Rail Engineering Safety Branch Safety Division cc: Assemblyinan Trice Harvey District Office 100 W. Columbus Street, Suite 201 Bakersfield, CA 93301 Conni Brunni, Councilmember City of Bakersfield 150i Truxtun Avenue Bakersfield, CA 93301 �I ;� . , �anuary .Z7 � �994 � • _ Pac�e; 3 , �. Ed Schulz, Public Works Director - City of Bakersfield 1501 Truxtun Avenue Bakersfield, CA 93301 Luis Peralez, Asst. Superintendent - Streets City of Bakersfield 4101 Truxtun Avenue Bakersfield, CA 93309 Jarry Maxwell, Roadmaster Southern Pacific Transportation Company 700 Sumner Street Bakersfield, CA 93305 Dick Dahllof, Public Projects Engineer Southern Pacific Transportation Company One Market Plaza - San Francisco, CA 94105 . � • B A K E IZ S F I E L D PUBLIC WORKS DEPARTMENT MEMORt1I�1DUM TO: Councilmember Conni Brunni, �Vard 4 FROM: Ed W. Schulz, Fublic Works Director � DATE: February 17, 1994 SUBJECT: Zone Change 5543, Gandola Annexation Calloway Drive at Brimhall itoad f������/�D � � � ..,, � �,� �' \ �� L� ;�(/N'�! I � � i � C�' ���� �U"U'��� You questioned, "If this (zone change} goes through, will at free up that other corner (SW) that Mr. Gandola had requested commercial with realignment of Calloway Drive?" Response: Basically, the Gandola situation would be unchanged if the Castle and Cooke request of GC (General Commercial) to LR (Low I�ensity Residen�al) is approved, except to make Gandola's property on the southeast corner less desirabfle as commercial. If City policy is followed, the southwest corner still could not be zoned �ommercial. My staff has been discussing the Calloway/��im�tall project with Mr. Gandola relative to the zone change, annexation and right-of-way acquisition. li�ir. Gandola and his real estate representatives are working on a possible arrangement with Castle and Cooke to acquire additional land adjaccnt to the southwest LI� (i,ow Density Residential) parcel. If this happens, the plan is to transfer the Gandola GC (General Commercial) zone on the southeast comer to the southwest corner. 'The southeast comer could then be developed residential consistent with the remainder of the Castle and Cooke development. �tight-of-way acquisition discussions with the Gandolas are moving ahead. We may be near agreement on the matter. We will keep you informed. cc: Alan Tandy, City Manager � — ----- ------ I� - --- - ! CD�y �f �ak�nfi�ld TRAl�i3Al1TfAL SUP Dare�........._._...w....._......:....._w.,......._ . � � � � � o �� �_ � T ..�.�ac�a.�rl.m.e�..�._...._ ......................_.........'........:....:........._. �rom........�� ........... ..._.__1 ... ....... ._.__ ... ........ ................................•.. ± �or Your:— 9�-7 PP� 12� 09 - � Signature � /�d��SFi�'�^#OIT�P.�RK � File � Please:— � Return � See Me O Fofiow Up 0 Prepare �►nswer Copyto a ... ......... .._..._ ...:.........................••••..._..........__.�.... ......_ i ' AAemo: .. _ .��... _..�......._..__._.._.........._.._.�___.. _ I .... �:. ..�1...,�..�..�1,1,�i'.,1��!.;1�%.�''LG�'� �u�..�..��?-�?-. '�, � .._. w'�����_a-�� �����,��� � _ � Qn _ _ . . . - - - . . _... ��:�.w.: ��: �...!'��:�c���.�t=n �ri•'mr�......�_ , —' .. .....!�c�.�.:k�(,�i�vt/j?�ij?!�.. � ...._.. � ? ... ....._.. � ................................................._....._........� ...__._......... ._w._........ . i ......................................_........_._................_......_.._...._............. ..............._.. i + � CiT"Y OF BAKERSFIELD -- PLANNING DEPARTMENT JaCK HAROISTY, �irector 150/ TRUXTUN AVE. BAKERSFIELD, CA 93301 (805) 328-3733 February 4m 1994 Dear Property Owner or Other Interested Party: You are being sent the attached notice because the Kern County tax records indicate you own property in a proposed project area or within 300 feet of a proposed project (see attached map), or you have specifically requested this notnce be sent to you. The attached notice describes ghe proposed project and draft environmental determination the City of Bakers�ield is currently processing. In compliance with applicable environmental �nd planning laws, we are informing you of your opportunity to comment either in favor or against the proposed project. You should express your comme�ts at the public hearing indicated on the attached notice. However, if you are unable to attend this hearing, you may submit written comments to this department or contact me by telephone prior to the hearing so that they can be considered by the Planning Commission. Sincerely, , � ���� �� � -'�'~�� Michael J. M�cCabe Assistant Planner MJM:pjt 1\1194s4.pol t ' NOTICE OF PUBLIC HEARING AND PROPOSED NEGATNE DECLARATION BEFORE THE PLANNING COMMISSION OF THE CiTY OF BAKERSFIELD NOTICE IS HEREBY GIVEN that a hearing accepting testimony will be held before the Planning Commission of the City of Bakersfield. The hearing will begin at 12:15 p.m., or as soon thereafter, as the matter may be heard on MONDAY, March 14, 1994, in the Council Chambers, City Hall. The Monday portion will be for presentation of staff testimony only. No action to approve or deny this project will be taken on Monday. The hearing will be continued to take testimony [rom others at 5:30 p.m., or as soon thereafter as the matter may be heard on THURSDAY. March 17, 1994, in the Council Chambers of City �-Iall, 1501 Truxtun Avenue, Bakersfield, California, 93301, to consider the following request: 1. The project to be considered: Generai Plan Amendment 1-94, Segment IV. Changing the tand use designation from GC (General Commercial) to LR (Low Density Residential) on 15 acres. Zone Change No. 5543 changing the zoning district from C-1 (Neighborhood Commercial) and C- 2(Regional Commercial) to R-1 (One Family Dwelling) on 15 actes. l. Project location: Southeast corner of Brimhall Road and Calloway Drive. 3. The name and address of the project applicant: Martin-McIntosh for Castle & Cooke Dev. Co. 2001 Wheelan Court Bakersfield, CA 93309 . NOTICE IS ALSO HEREBY GIVEN that a pvbtic hearing wilt be held ai the same time and place by the Planning Commission to receive input from the public on the potential effect of this project on the environment. Pursuant to the Califomia Environmental Quality Act (CEQA), an Initial Study has been prepared, describing the degree of possible environmental impact of the proposed project. This study has shown that the proposal (as mitigated) will not have a significant effect on the environment; therefore, a Negative Declaration is proposed. Copies of the Initial Study and proposed Negative Declaration are on file and available to the public through the Planning Department (contact Mike McCabe) in the Development Services building at 1715 Chester Avenue, or by telephoning the department at (805) 326- 3733. PUBLIC COMMENT regarding the proposed project and/or adequacy of the Negative Declaration, including requests for additional environmental review, will be accepted in writing on or before the hearing date indicated above at the Plannin� Department. If you challenge the action taken on this proposal in court, you may be limited to raising only those issues raised at the public hearing, or in written conespondence delivered to the City of Bakersfield prior to the close of the hearing. DATED: February 4, 1994 POSTED: February 4, 1994 ����_�� �IARD IS'I'Y�' ng Directo MJM:pjt p:194s4.nph �;,c�IEiAL �L;aN �ME:�lDiV1E:�1T 1-94. SE��1E�T iV '' -;�' STLc^,YOO D , .:�1.� � ' ��t 9 > ' , `� ; ^�'INOCREEK . � �J pURT ;I ----- _R � � � � , 3ROOKSTONE . , Sr2 ' � r COURT ,,'�O�r l'` ; ! R !o , , �, , � ,` � i � �OXGLEN� counm- ' 30 29 � couRT � �3RIMHALL �OAD j " ;' � �;(►��G BRIMHALL RDy� �p. i' %. LR / , ' �31 / � �R ,� / � � sP 0 GC 'ROP' "''i6R1N1:�;A'-`/!�'/,!�; � ,�SE� , � //.� • � j.�t 32!�� /�� . /�,. , j///./�j/% j//./. j/i.� �� i/ j j// j j//. j j j/. j/�j;; %��%//��/����//���%� : j%�j%�� j%��j//��/��I '/�j�///,�//.�i%��/�// i//�/�GC TO LR . ///./� �.� • � •- � ��/ ./ j/�j/ j/�j/ j j/�/ j j/� �%���1 �����l�:1�� � � RAVENROCK DRIVE I ' � LR r 0 0 0 � z o LR I � � , �_� � '_R ;Q( !LL'L- I �> I; ,R '�_ , ;� . �oi i e� r�AVENW00D .'�RIVE� ji w '�.�..�OUNTY �...5..: • �; Z� ��?Y � � W I O � � �tZ i�� ia, ��{ Zf ��AFFORDSHIRE '�vAY o i J, �� (� I �N1� � I I Izip � � '.YATERBURY �RIVE ; � �oo ' q sca� w �'r _ T?9S, R2?c - ��4os �CNE �;,�ANGc 5�43 � �I `� a ; -' � � ) =, ;, � �� ----- ; --------'> ' � ; �(2- �/2) RS � i I°; � � � i ;,� i i � . , � � ,-. ' cV ' � � . i i � ; � ` �Q RS � I w � i�f � � � � °�� i ; / V � Cou ! ' � ,�3� � � � � � �'n' 9RIMHALL ROAD � �% � ��� ' i� � PF � � // , '�31 � i; I 4-� c-2 � I -- ; R—S I/��P/ � % � /. ---- ; �; � � � � � 20A % ' ' � � 1V � o �oo SCAI.F IN FEET- ''29S, R21E � � � -�isT�=woo� � ��� ; �-; �—� ; ���INDCREEK , , :;OURT � _ — , , �—' � i ROOKSTONE � COURT C-2 � R-1 � � � ' roxc��v ; �� couar �AHALL RD�.� ��J. .NROCK�DRIVE ,� y � � '�?( w R-1 � 'oi �.LI �-� �.�� �AVENWOOD Dr�IVE�i w JI �� q-� '�i �°1 !r-4 I�i S�AF�ORDSHIRE WAY oI �141 �U iz�� �—� � � � VJATERBURY DRNE ' ; � R—. - �a4oa 0 . ;i GENERAL PLAN DESIG�lATIONS �I RR �Rurai Residentiai - 2.5 aross i LI �Lieht [ndustriaii acres�dwelling unit; ! ER iEstate Residentlai - ' a�velling i SI �>erv�ce Industriai i ; unit/net acrei � � HI I lea��v Inciustriai � I SR (Suburban Residential - _ess than ! or equal to 4 dwelling units�net ' acre� i LR ( Low Density Residential - iess � P ��'�h�ic �acilities� than or equal to 7.26 dweiling � units i net acre 1 PS �}'ublic�I'rivate 5chooi� WR (Low Medium Density Residential - � �publicTransnartation► greater than 4 and less than or � eaual to 10 dwelling units/net acre) P.S�v (Sulid Waste �acilitiesi HMR (High Medium Density Residential - OS ;Open 5pace► greater than 7.26 and less than 17.42 dwelling unitslnet acre� ��ep �Yaeks) HR (High Den�sity Residential - greater than 17.42 and less than OS-S (Slopes► or equal to 72.6 dwelling units / net acre ) R.yp ( Resource-Intensive Agriculture, 20 acres aunimum) i HC (Highway Commercial) GC {General Commercial) YC (Major Commercial) � OC ;Office Commerciail � WC i"dixea Use Commerciai) It-EA ( Resource-Extensive Agnculture, �0 acres tninimum 1 R-MP ( Resource-Mineral Petroleum, � acres minimum � General Plan �treet Classification .�rterials are used primanlv bv throu¢h traffic. with a minimai function to provide Freeways orovide service cu throuen traific exciusivelv access to abuttinQ properrv. with no access to abuuing �ro�ertv artd no a�-eraue intersec�ions. Colleetors lunction to connect locai streets with arteria'ts and to �rovtae access to I Expressways are arterial hiehwavs with at least nartiai ahuttine propern�. controi of access whicit mav or mav not he uivided or I have 2rade senarations at intersections and mav nc an Loceis arc cxciusiveiv for nroncrt�• ac�ess anci I interim taciiin� for an ultimale Ireewa��. tnroueh traflic is uiscoura�eu. _ fzonc ZONING DESIGNATIONS �� � � M-1 ;'Lignt Manuracturing� � R-1 {One ramilv Dwelling - 0.000 sq.ft.;dwelling unit) I I�-2 �General Manuracturing) E tEstate - 10,000 sq.ft./dwelling � M-3 !Heavy Industrlail unit) i A �Agriculture► R-S (Resiaential Suburoan - 24,000 sq.ft./dwelling unit) A-20A (Agriculture-20 acre minimumt R-S-iA (Residential Suburban, one-acre P -(Automobile Parking� minimum lot size� - RE (Rece°eation) R-S-2a5A (Residential Suburban-2-1/2 acre minimum lot size) Ch (Chu�ch) R-S-5�1 (Residential Suburban five-acre OS (Open Space) minimum lot size) t�OSP. (Hospital) R-S-10A (Residential Suburban ten-acre minimum lot size) _ D (Arci�itectural Design) (no longer in use) R-2 (Limited Multiple Family Dwelling - 1/2,500 A� (Architectural Design) sq.ft./dwelling unit) FP-P (�loodplain Primary) R-3 (Limited Multiple Family Dwelling - 1/1,250 FP-S (Floodplain Secondary) sq.ft./dwelling unit) . R-4 (Limited Multiple Family � (Ai�°port Approach) Owelling - 1/600 � (Tr�vel Trailer Park) sq.ft./dwelling unit) 0�4 (Mobilehome) R-H (Residential Holding) SC (Senior Citizen) PUD (Planned Unit Development) C-0 (Professional and Administration Office ) C-1 (Neighborhood Commercial) C-2 (Regional Commercial) C-C (Commercial Center) � PCD (Planned Commercial Development) f\zone.l •_. , :,-w �,����"�.,, .�.� � �a�,; �,�:�� :2y = ���� -.� �� _ �i� )i� . � ��\ 4� �� _�; ��� .. . i�y�,y.R '�� ,�. nn,niiM'�• TO: �ROM: MEMORANDUIVI Jack Hardisty, Planning L Gene Bogart, Water and SUBJECT: SITING OF METROPOLITAN RECYCLING COMPLEX February 18, 1994 As we discussed at the Metropolitan Solid Waste Subcommittee meeting on January 28,1994 and follow-up meetings with City staff, we are now able to proceed with the environmental process �equired to site a materials recovery facility (MRF) on City property. The focus of the environmental review will be on two potential sites located on City sewer farrn property located south of Highway 58 and east of the southerly extension of Mt. Vernon Avenue, described as follows: SITE #1 - 160 acre site located in N/W�/4 of Section 11, T.30S., R.28E. This site includes approximately 100 acres of land necessary to buffer any future recycling and/or transfer operations. SITE #2 - 67 acre site located in the E�/z of the S/W'/a of Section 10, T.30S., R.28E. This site lies immediately south of the wastewater reservoirs and adjacent to the e�isting 30 acre greenwaste/inert recycling site. For reference, I've included a metro map highlighting these two sites. In order to meet California's AB 939 Waste Diversion mandates, the site could ossibl be fully operational by the year 2000. Based on the potential need for a complete materials recovery and transfer station facility, we should evaluate both sites for the maximum potential level of land use. Also, as part of the environmental review process the "No Project" option can be a third alternative to siting a recovery facility. This will give the City maximum fle�bility in the future to decide on the actual rype of facility (if needed) to meet the State mandates. Mike Sides and Greg Sanders will be working directly with your staff on the initial project description. If you have any questions or require further information at this time, please call me. GB:sr Attachment cc: Alan Tandy Ed Schulz Jake Wager Gail Waiters Mike Sides Mark Gauthier �� �dlAR�AGE�'� ���G��. � � � Virry�i� 3 Ye �� REIW CMllpTl � 'fhI' ��7�0 p. � . r �� � _ -� , i a.l. ��+ LL JI ° _ �Mkf�� �� `� � '� � s � Ap. e, �RFR SCM. r�. e � . ? 3 5 "1. S\. . �� d �:' � ,„,�, ;.�,a � MraO � . , i ���-, �� ��' 3 VIANT � „ am , 5`�� ��-, `� .,TM e .- s A , � ' s r � ^ �i :� �k � � i� � � � S . � ..e'�� ' :' .s� „� t r�,+ _. �, � "�w3�r..�'^w5:�°A .esi�sas. , .-: ., .;_''� ��. '� }.<.�:. � s�a�+.�. 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' i'�Y \-'� LL � � a � a�c«RSR�F.: h` =1KIMBMR A�/E ' r c�. x r� Q.�... . �' ri j... .. �f ^ � t,£ .$:. F. F: MA�lfiEN MOIIO 6 Dr. 1 . � > 3',�'� �,�A. N� fM �g � .. t� ; m �����'��� �2EWrvR..~a.'. �... N I �... ......... F ; �� Z �' � . . ........•..� `< j �: a � � ...;t... SMr Le. p w i �POR��RFiELO�, Sarromx�s Aw. 3 Sm� AvE � � NAYfAIR CT , y � • �: • • •••• � Story Ln. = � lAlIIfAX � • _ __ -�~�-_ s r � V�.a Ar. � � , � . 8enan � Or. �t :-� o . ,t �, IA � a' u � u � w:�, >� Q �erF�ua � . WI�SON RD ry .L � . �y y.- •��• ��.• �������� � �% � '� � 3a F -- t $� •• '� � �j� � �� �� � � �� �a. � „���s 3 a:� W.� , '��s,����fj� �� ��vrP��� j�� p:A � � � � , � � � :s � { .,t. ; s c�.7. I � � ..............,......;. � 5 �-�: �,in z�` 5::�`� 5� HALLELUTA �• ST � . u � r s �:�. '� �` ��,•%'i?� °gi r�m,o � ; p( ', . I��1Il R'• . _ ' RlULLER ROAD >; ; :� a• g' � - -- � <: �: �.SCMWART2�� AVE � 4� ¢. •°� �V/ � $f. �� 3• � ~ OA31S im • •RD • �� � \ . : • ' 9� ' . • , . : : : �.�......e� �' � � � wHire �N . . ............. ............. .. ........... E LN� � �: / ' p : . � Q: W� . u: , °'� / �A eEAAr ' 2 .�; .. .::°... o " ¢•� : h/ �y f' {� �� • �, � � �: : �Q a > . -- , -------- 3. � _ ���_ � ��� / � � O WESTFIELD AVE Dul @. a� .................. . p Bla i: ¢ ............... –' ........ ° Q� � � y�� • � ...... ... � � ,� H —� • AIRVIEW•• RD•• t ! x i a LL a � . � P�ET�i3OI'OLITAN ; B��ERBFIELD � LEGEND � �rt www��R cww�� �oi.w � � �'UIV �M[T� � . �-.� N/l< �CCIN 4Yrtr�� � Mn�f/ Mb� � � � ' � � r -�=----------- rroa� 43�?T�! ..,....oa..,.... � B A K E R S F I E L D MEM�RANDI!!IA February 25, 1994 T0: KERN COUNTY CITY MA AGERS FROM: JOHN W. STINSO , AS ISTANT CITY MANAGER SUBJECT: COUNTY ANNEXATION POLICY ��� June 15, 1993 �ounty Admin�ist� a�iva Office� Joe urew presenied a report to the Board of Supervisors regarding revisions to the property tax exchange policy related to city annexations. This report recommended that the board authorize the Administrative Office to negotiate the exchange of revenues associated with annexations; that each annexation be treated uniquely; and that all sources of revenue, including property tax, sales tax, fines and forfeitures, etc. be considered in the negotiation process. In response to an outcry by cities Joe Drew conducted a meeting on July 12, 1993 with the City Manager's Group to discuss the proposed action. A letter sent to the City of Bakersfield from Adel Klein on July 28, 1993 indicated that it was agreed at the meeting that all annexations currently in process would be handled in the historical manner with property tax exchanges based upon the existing "cost/service" ratio. Excluded from this agreement were annexations of existing commercial or industrial properties which would be evaluated on an individual basis and a negotiation process would occur for the exchange of property taxes related to these annexations. Also was a request for a list of effected annexation. An additional meeting was set to meet on August 12th with the City Managers annexation task force. The Manager's met on September 9, 1993 to discuss the different impacts of the county policy on cities and the impacts the county policy would have on future land use decisions as well as the uncertainty for developers who desired to have their projects constructed within a city and were caught in a feud between the City and County over property or other tax splitse A letter �rom Joe Drew dat�d Septemiaer 21, 19�3 sLaLed that the Count�r had drafted a"fair and equitable r�solution" to the division of property tax revenues associated with annexaiions. He stated that it was the County's goal to "transfer only that amount of revenue which equates to the cost of services being transferred." Included with that letter was a list of services which the County transfers to cities upon annexation and a worksheet showing the net General Fund cost to the County. They proposed an annexation formula revenue distribution based upon the a percentage distribution of Property and Sales Taxes related to the net general fund cost of services transferred and the transfer of all other local revenues to cities. Current contract fire and police services were not to be affected and the county agreed not to oppose annexations. At the meeting in dctober there was considerable discussion about the assumption made by county staff in the preparation of their county cost worksheet. It was stated by the City Manager's that the analysis appeared to be one sided and that - -�. a both si des of the equati on needed to be 1 ooked at. There was di scussi on about the impact on annexations on development and the need to provide services efficiently and eliminate duplication. A set of principles for providing governmental services was developed and sent to the County and City Manager's for review and comment. Joe Drew sent a letter dated January 27, 1994 which responded to the principles by saying they represent a"starting point for discussions for developing a long term strategy..., but leave the issue of tax sharing in the near term unresolved." In that same letter it was stated that only annexations which were in process as of October 1993 would continue to be processed und�r the forme.r tax sharing agreement, and that annexations subsequent to October 1993 are to be negotiated on a case by case basis using the county's proposed tax sharing agreement. It appears that the Administrative Office in unilaterally implementing the new policy without the approval of the Board of Supervisors or adequately responding to the concerns of cities. On February 17, 1994 John Hendrickson, Steve West, Gail Waiters and I attended a meeting to discuss further the annexation policy at the County Administrative Office with Joe Drew and Adel Klein representing the County. Joe Drew mentioned our common adversary of a declining revenue base and other impacts to the City and County tax bases due to shifts of property taxes to schools. He indicated that approximately 60.7% of the Property tax now goes to schools as a result of last years state budget shifts. He discussed the negative impact annexation has on County revenues and that the County can't afford to continue their past annexation policies. He did discuss that a mutually beneficial solution to the problem needs to be developed. John Hendrickson recapped the main points from our last meeting which included: 1) Devising a mechanism to address the disparity between the amount of property tax received by different cities, i.e. Arvin which receives a very small percentage and Bakersfield which receives a larger percentage. 2) Devising a mechanism to determine who provides services to an area and what are the real costs and how are they allocated across the community. 3) Development of a tiered approach to revenue allocation for annexations based on the type of area or land use of the area to be annexed, i.e. vacant land would be treated differently that developed land or industrial differently that residential. There was considerable discussion about these items. The County pointed out their ability to provide services at a lower per capita cost than cities. We pointed out that cities generally provide a much higher level of services than that provided by counties due to the urbanjrural differences of the people served. . � � z. The County seemed focused on the loss of revenue rather than the provision of services. Steve West suggested that a service delivery model be considered rather than a cost of services model. There was discussion about the fact that most residential development doesn't pay for itself and must rely on retail, commercial or industrial uses to share the cost of delivering services. As an example the County relies on property taxes from oil properties to subsidize the services it provides county wide. In Cities retail and commercial properties subsidize residential development to some extent. The meeting ended with Steve West offering to develop a model to reflect his service delivery approach. The County did not change their prior position re. negotiation of each annexation not already in process as of last October. I called Adel Klein to make sure of that understandir.g a.nd she confirme� that was sti "� � the case. It seems that the County intends to hold cities hostage until their tax split demands are met. They do not intend to hold off implementing their tax sharing plan until a mutually acceptable resolution between cities and the County has been arrived at. They have little or no recognition of the hardships this decision places on cities and developers due to the uncertain and capricious manner of negotiations they are pursuing. They are creating a situation where cities cannot adequately plan for potential development which will or might occur in a city depending on the outcome of this one-sided negotiations process. The potential adverse impacts of the County's evershifting policy is significant and should be appropriately responded to by the Cities. � / � � Y t+ ' _ � Mayor's Economic Development Discussion Group Present: Mayor Price Cathy Butier Ann Gutcher Richard Russell Kay Meek George Martin Gail Waiters Phil Gaskill Ray Watson Patrick Benitez Carol Williams February 15, 1994 Meeting MINUTES Kevin McDermott Manuel Arriola D�lores Slade Greg Whitney Jake Wager Judy Salamacha Jim Meadows Joel Klipp Gil Anthony Tony Ortega Mayor Price asked everyone to introduce him/herself. Ray Watson discussed the first meeting of the Mayor's Committee for Bakersfield's �sion Statement. Members of this subcommittee are Mike Fisch, Kevin McDermott, George Martin, Don Lindsay, Ray Dezember, Judy Salamacha, Tony Ortega, Deloris Slade and chairman Ray Watson. A copy of the agenda of this meeting is enclosed. The vision subcommittee would like your comments on the items on the agenda. A retreat to deal with some basic issues of the vision plan process will be held Friday, April 8th through Sunday, April 10th at Stallion Springs. Kate Tandy of the Bakersfield Californian will act as the facilitator at this retreat. Another meeting of the subcommittee will be held on February 22nd to finalize details of the retreat. George Martin gave an update on the 1994 Business Conference. A new 150,000 square foot tent is being built which will have ventilation and allowance for artificial light. It wil! be 240 feet wide and 740 feet long. A mailing will be sent out March 1 st announcing the speakers and entertainers for this year who will include the three astronauts who walked on the moon, Henry Mancini and negotiations are continuing with Paul Anka. George said over 11,000 tickets were sold to this year's conference just days after the 1993 conference. Mayor Price asked George if some of the same things, i.e., Mayor's tent, tours, hotel desks, etc. could be repeated this year and he responded affirmitively. A committee including Joe! Klipp, Kay Meek, Greg Whitney, Jake Wager, Jackie Belluomini, Chris Frank, Cathy Butler and Naomi Allen was formed to begin preparations for this year's conference. �s.. �. Economic Development Discussion Group Minutes Page 2 February 15, 1994 Ann Gutcher spoke about the California Countryside Festival taking place on October 1 st of this year in East Bakersfield. The railroad history of the area will be the focus of the festival. The Bakersfield Symphony will perform in addition to other groups. This event has generated a lot of enthusiasm and support in the community. Cathy Butler said the DBA just completed its membership drive which was very successful. Membership has tripled. Jake Wager briefly discussed business retention efforts being made. Mayor Price said there will not be a meeting of the discussion group in March. The next meetinq will be Tuesday, April 19th in the Bank Roam of the Convention Center. Please call 326-3770 if you will be able to attend. y AGEAIDA I. Mission statement of the t4ayor's Committee for Bakersfield's Vision Statement. II. Organization name. III. Geographic area of concern. IV. Committee representation: (examples) A. Business - types, size B. Local government C. Education D. Ethnic � E. Civic organizations - Chambers, DBA, etc. F. Arts and culture G. Other community non-profit H. Law enforcement, courts, probation I. Other V. Criteria for committee representation A. Financial B. Time C. Numerical limitations D. Selection process � 4 f VI. Issues to be addressed � (examples) A. Downtown redevelopment B. Southeast and East Ba}�ersfield C. Transportatior. ' D. Arts, culture, sports, recreation, festivals E. Youth - gar.gs, drugs, pregnancy, recreation, self esteem F. Education G. Crime prevention H. Mobilization of resources - community groups, churches I. Role of city in economic development - incentives J. Living in a multicultural environment K. Environment - natural resources, waste management VII. Conference length and setting . VIII.Facilitator IX. Budget and financing X. Other XI. Next meeting date and agenda Los Angeles - Bakersfield c� High Speed Ground Transportation Feasibili�y Study ��,�,�rr�s February 9, 1994 PVBI.IC NOTICE T G°3[�C�C�9�!1C�D ��� � 2 G��J� �o� �Q�a����� ���o�� VNhat is being The California Department of Trar��portation (Caltrans) has begun s�udied? a large-scale project concerning ��ae development of a statewide high speed ground transportatio� system. One element of the r.n.!'::jQ.^.� 6v $ viiE"j`��i i�Gea�E�la� �e"�-°!� �.^. ^.s�.^.'?ef:�:.^,�^J, � 'J� �a C�.°c�.:vS and Bakersfield by high speed raii. The study examines aiternative routes, train technoiogies, and possible environmentaf impacts. Why this notice? Comments frpm the public an� their representatives are an important part of the feasibility �$�dy. Public workshops on the feasibility study will be held at th� foilowing locations: Bakersfietd Sania Clarita Valley Los Angeles/ San Femando Valley Antelope Valley Beate Memori�8 �ibrary Mar. 2 5-9 p.m. 701 Truxtun Ad��ue Slerra Vista Jr. High School Mar. 3 19425 Stillmor� St., Canyon Country Burbank Library 110 (Vorth G1e�aoaks Palmdale Cultural Center 704 Easi Palmdale Boulevard Mar. 15 Mar. 16 5-9 p.m. 4-8 p.m. 5-9 p.m. All loca�ions are accessi�is 'td l(1!3 1`I$e'aieii.SNj,cG'. v'F'i&�ISii Z�aTiSiaivo� ti'r:ii t3ci available. NVhat's available? At the workshops, maps and information on stations, alternative route alignments, train technologies, the environmental study, and statewide high speed rail policy will be available. 9Nhere you come in The feasibility study wiil address pubiic concerns and ideas regarding high speed rail. You can submit your comments at any of the workshops, or by mail to the address below. �ontact For more information about this study, contact Mark Archuieta, Senior Transportation Enginee�, Caltrans, 120 S. Spring Street, Los Angeles, CA 90012 or (2�3) 897-6010. � . :� �_Q � �� ❑��` D �� ��1� Of 5�������1 C�D�OC�� � �� 1400 K STREET o SACRAMENTO, CA 95814 0(916) 444-5790 Calilornia Cities Work Toge�her DATE: February 18, 1994 TO: Mayors and City Managers ����� V �� i ��'� � � �°'�-� I ��;� , c��� �Q��aC���°� Oo ��Uc�� RE: Challenge to Local ?.uth�rity to A�lopt Fire and Panic Safety Building Standards for Single-Faynily I)wellings A recent lawsuit (Mission Development, LT'D.¢ et al.. v. Citv of Vallejo) has successfully challenged the city of Vallejo's authority to adopt a resadential fire sprinkler ordinance. In the Memorandum on Order Granting Motion for Sumxnary Judgment for the Valle. jo case Superior Court Justice Dennis Bunting stated, "the �ourt reluctantly finds that neither I-�ealth and Safety Code Section 13143.5 nor 18941.5, nor any other statutory provision presently authorizes a city to mandate automatic fire sprir�kler sys�e�ns in residential dwellings, unless and until building standards relating to fire ancl panic safety are adopted by the Fire Marshal and contained in the California Building Sta,xasiards Code." Over 320 California jurisdictions have adopted residentia.l fire and life safety requirements more stringent than provided in the California �uilding 5tandards Code relating to single- family dwellings. The League supports the ability of jurisdictions to adopt such local requirements. In response to this court case, please send a. Ietter to Ron Coleman, State Fire Marshal, asking his department to adopt draft building standard� relating to fire and panic safety for residential dwellings as provided in Health and 5a%ty ��de Section 17921. A sample letter has been enclosed for your convenience. Please send your letters to: Ron Coleman California State Fire I!�[arshal 7171 Bowling Drive, Suite 600 Sacramento, CA 95823 If you have any questions about this issue, ple�se conta�� �'om Johnson, Fire Marshal, Napa and League Fire Chiefs Department Legisla�iee �,iais�n, at 707/257-9590. :� SAMPI.E 1L�'�"�'�R To: 12on Coleman, State Fire Marshal From: City Subject: Fire and Panic Safety Regulations for Single-Family Residences Over 320 California jurisdictions have adopted residential fire and life safety requirements more stringent than provided in the California �uilding Standards Code relating to single- family dwellings. The League supports the ability of jurisdictions to adopt such local requirements. The recent court case Mission Develo�ment, L'I'd�. et al., v. City of Vallejo has successfully challenged the City of Vallejo's ability to enact an ordinance for fire sprinklers. In the Memorandum on Order (sranting 11�otion for �u�nary dudgment, Superior Court Justice Bunting stated, "the court reluctantly finds that neither �-iealth and Safety Code Section 13143.5 nor 18941.5, nor any other statuiory provision presently authorizes a city to mandate automatic fire sprinkler systems in residential dwellings, unless and until building standards relating to fire and panic safety are adopted by the Fire Ivlarshal and contained in the California Building Standards Code." We respectfully request that the State Fire Marshal i�nmediately draft building standards relating to fire and panic safety for residential dwellings as provided in Health and 5afety Code Section 17921. H:\pub�jl\f�remisc\legbul.fm