HomeMy WebLinkAbout08/12/94
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B A K E R 5 F I E L D
MEMORANDUM
August 12, 1994
TO: HONORABLE~At~COUNCIL
FROM: ALAN TAND, ITY M NAGER
SUBJECT: TANDY GRAM
1. A response to the Council Referral relative to access to the new park along
the Kern River is enclosed. This is a product of an expression of concern
by the Kern Ri ver Parkway group. Please 1 et me know if you want thi s
subject referred back to Council, or to Committee.
2. There is a response to an inquiry about Work Release Program participants
enclosed. Basically, the number of Work Release Program people we have
been assigned has been reduced and shows no sign of increasing in the near
future.
I 3. A copy of an Administrative Report is enclosed describing the sequence of
I actions which would have to take place in the event there is no opposition
to an incumbent Councilmember in any given ward. This would be to avoid
the election costs by appointing, due to the 1 ack of compet it ion. Of
course, the status of whether or not there is competition in all wards is
subject to daily change up to August 12th at ~:OO p.m.
A copy of the status report on the filing of Councilmembers, as of August
12th, at noon, is enclosed for your information.
4. We are finally making progress on replacement of the computer. We have now
fi e 1 d checked hardware and software systems and have received positive
references. We are in the process of putting together purchase,
acquisition and conversion plans.
5. There is a memo enclosed on a IILight the Nightll program being done on
Pacific Street. It seems like a very creative concept.
6. A meeting between the Vice Mayor and a couple of County Supervisors, this
week, seems to have led to some progress in some of our relationships. It
appears that, in several areas, we have been facing a situation where the
County staff was much more difficult to deal with than their overseers. We
wi 11 try to move forward and wi 11 know more, with respect to how
significant the progress might be, within the next couple of weeks.
7. In correcting an item in last weekls memo to you, I will be here on Monday,
August 15th - I am not taking that day off after all.
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HONORABLE MAYOR AND CITY COUNCIL
August 12, 1994
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8. There is a letter enclosed to the new Bakersfield Museum of Art Director.
We have been attempting to he 1 p them wi th several prob 1 ems they have
experienced at Central Park.
9. Enclosed is a letter indicating that the County did transfer over to us, in
a cooperative manner, some funds accrued for park development, in an amount
of over $8,800.
10. I did get Councilmember protest over the issue of the development related
speed bumps promi sed by the Ca 1 Oak deve 1 oper. I wi 11 place it on a
Council agenda for resolution, in the future, by the full Council.
11. An article appeared in Fridayls Bakersfield Californian regarding the Kern
River Bike Path. There are some factual errors regard i ng the part i es
involved and the extent of the delays. This involves an issue which we
will be bringing to the Council in the near future. Additional information
will be provided to keep you informed.
12. A response to a Council Referral is enclosed regarding Panama #10
annexation.
AT.alb
Enclosures
cc: Department Heads
City Clerk
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B A K E R 5 F I E L 0
PUBLIC WORKS DEPARTMENT
MEMORAND~
TO: Alan Tandy, City Manage< i (
FROM: Raul M. Rojas, Public Wo,k, Dkectm ~ r-----
DATE: August 5, 1994
SUBJECT: COUNCIL REFERRAL RECORD NO. 13519
Kern River Parkway
At the request of Councilman Rowles, staff has prepared this report on the status of the Kern River Parkway,
especially regarding the comments made by Rich O'Neil at the City Council meeting of June 15, 1994.
According to the transcript of Mr. O'Neil's comments, his main concerns are as follows (a copy of this
transcript is attached to this report):
1. The Group Picnic Area should be a reservation only park with lockable gates
2. Pave and utilize 10 parking spaces outside the levee
I 3. Do not relocate the bike path to the river side of the Group Picnic Area
I 4. Dedicate the existing jogging trail on the river side of the Group Picnic Area
The staff of the Parks Division of the Community Services Department, the Public Works Department and
the Water and Sanitation have reviewed and researched Mr. O'Neil's comments and have some preliminary
recommendations.
Reservation Only Park
Chapter 3 (Project Description) of the Kern River Parkway Draft Environmental Impact
Report states that "Providing public access and parking areas is a major goal of the Parkway
Plan. Public access to the Parkway for allowed uses would be unrestricted between Manor
Street and Coffee Road."
This statement indicates that a locked, reservations only park is not allowed in this reach of the Kern River
Parkway Area. Staff has been unable to find any reference in the Final EIR which would indicate that a
locked park was intended for this area. There is a reference to a Police Pistol Range in this area in the Draft
EIR. A Pistol Range would, for obvious reasons, be a locked facility. However, the Final EIR eliminated
the Police Pistol Range from the parkway Plan.
Staff recommends that the Group Picnic Area remain an open facility.
Parking Lot Outside of Levee
As a condition of the sale of surplus property (the old mixing yard) authorized by the City Council at the
September 28, 1988 meeting, the buyer deeded back to the City "sufficient property to accommodate no less
than twenty-three (23) standard parking spaces and drive aisles accessible from the [ access easement for City
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owned recreational areas). This parking is for City owned recreational areas." This was Item 18K of the
Purchase Contract and Receipt for Deposit for this transaction.
According to the Planning Department, this condition of sale was imposed because at that time, the final
configuration of the recreational area had not been determined. The Group Picnic Area has been constructed
with a 86 space parking lot with provision to expand it to 144 spaces. Since the Group Picnic Area contains
sufficient on-site parking, an exterior parking lot is not necessary for the full utilization of the park at this
time, but may be needed for overflow parking in the future. The site deeded for the parking lot is
undeveloped now. Should the Council desire, Public Works can budget funds for the development of this
parking lot after the on site lot is fully developed.
Staff recommends that no action be taken on the exterior parking lot.
Bike Path Location
The Council has expressed concern to staff regarding potential conflicts between cyclists using the bike path
in its current configuration and cars using the driveway entrance to the parking lot for the Group Picnic Area.
At a meeting held on July 8, 1994, several alternatives were proposed by staff:
1. Construct a bike bridge over the vehicular access
2. Relocate the bike path to the northerly boundary of the park adjacent to the running trail
3. Construct a box culvert for the cyclists to cross under the driveway access.
Public Works staff reviewed alternatives 2 and 3 as well as the No Project alternative (no change to the
existing condition). The Traffic Division assessed these three options for traffic safety (see the attached memo
dated August 3, 1994) and found the box culvert alternative as the safest from a traffic standpoint, since it
eliminates all conflicts. From a cost standpoint, however, this is the most expensive alternative at
approximately $350,000.00 (please see the attached memo dated July 21, 1994). There are not sufficient funds
available for this alternative. This alternative will also require additional approvals from the Greater
Bakersfield Levee District and the U.S. Army Corps of Engineers. Another concern with this alternative is
security for the cyclists in the box culvert.
The "No Project" alternative - leaving the bike path and driveway as-is - was the second most desirable from
a traffic standpoint since it allows fewer conflicts with cyclists. This is the least expensive alternative.
The relocation of the bike path is the least desirable option from a traffic standpoint since it will allow the
greatest number of conflicts between cyclists and casual users of the park. This alternative would cost
approximately $60,000.00.
Staff recommends that the City investigate the possibility of obtaining grant funds for the construction of a
box culvert at the Group Picnic Area and that the existing bike path configuration remain until such time as
sufficient funds are available to construct the culvert project.
Dedication of Jogging Trail
The jogging trail is shown as an element of the Group Picnic Area and will be preserved.
Staff recommends no additional action.
Other Concerns
The Group Picnic Area was conceived as a multi-stage construction project. The contracts for sewer
installation, entrance road and parking lot were completed July 8, 1993; the restroom/storage building and
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security lighting were completed July 8, 1994. The landscape irrigation system will be completed later this
year. The remaining portions of the project - installation of concrete flatwork, landscaping, play equipment
and benches will be completed in the summer of 1995.
The Group Picnic Area is not open to the public at this time. However, there are undesirable elements using
the area now because of the easy accessibility and relative seclusion of the park. This type of use will
disappear when the park is open to the public, but is a possibly dangerous nuisance in the meantime.
Staff therefor recommends that a temporary construction fence be erected to limit access to the Group Picnic
Area. This fence would remain in place until the park is ready to be opened to the public, sometime in the
late summer of 1995. This fence would reduce the use of the area by undesirable elements and would help
to limit the City's liability with regard to an open construction site.
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¡ . AUG~ 3-94 WED 10:53 P, 02
CITY COUNCIL REFERRAL
MEETING OF: 06/15/94
REFERRED TO: PARKS F FABBRI
ITEM: RECORDIT 13519
Kern River Parkway. (Ro~les)
ACTION TAKEN BY COUNCIL:
ROWLES REQUESTED STAFF PROVIDE HIM WITH A REPORT
OF THE ACTIVITIES REGARDING RICH O~NEIL AND THE
KERN RIVER.PARKWAY TO DATE.
BACKUP MATERIAL ATTACHED: NO
DATE FORWARDED BY CITY CLERK: 06/17/94
ACTION TO BE TAKEN BY DEPARTMENT;
07/15/94 Staff day. response, final doc within next BY
07/15/94 30 days. Mtg. with Cnclmbr Rowles 7/6, his BY
07/15/94 s~9gestions & ooncer~s addressed in report. BY L. Anders
en
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TRANSCRIPT OF A PORTION OF THE
COUNCIL MEETING OF JUNE 15, 1994
6. PUBUC STATEMENTS
O'NEIL: Good evening, Mr. Mayor, and City Council and the staff.
My name is Rich O'Neil, reside at 6600 Desmond Court, and tonight
I speak on behalf of the Kern River Parkway Committee.
The Kern River Parkway Committee requests that the City Council
take the following action. We would like the Council to direct the
staff:
No.1 - To designate the Kern River Parkway Group picnic Area, now
under construction at Empire Drive/99, designate it as a Group
Reservation Picnic Area and control automobile access across the
Bikepath into the secondary floodplain. By lockable gates, lateral
to the levee, and of the bikepath.
This was the original plan of this park as part of the Parkway EIR
and as part of the original granting application for construction
of this park. A reservation picnic area, much like Stramler Park,
okay?
No. 2 - We request that the City pave and utïlize the ten parking
spaces that are dedicated landward of the levee at this park site
along Empire Drive. These parking spaces are outside of the gate
control area.
No. 3 - We ask that the City Council have Public Works stop their
plans to move the bikepath at this point. This issue was resolved
twice before by previous City Managers and Public Works Directors.
The City is creating a public safety problem. Please do not move
the Bikepath. It is cheaper to have gates to control automobile
access as originally planned.
No.4 - To include in the dedication of this group preservation,
excuse me, Reservation Picnic Area, the dedication of the jogging
trail, Beach Park to Truxtun Lakes, this trail serves to outline
and to highlight the Parkway. It reduces traffic on the Bikepath
and has historically served as a BHS cross country running course.
The safety issue can be mitigated quickly and cheaply by installing
gates at the park entrance and by providing days parking spaces
that should have already been completed. Rerouting the Bikepath is
unneeded and very expensive. Won't this require a change in the
park design further adding cost and delay?
We ask that the Council look into--
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June 15, 1994
Public statements
Page 2 of 2
PRICE: Thank you, sir. You may turn the rest of the--
O'NEIL: Thank you very much.
PRICE: You can turn that into the Clerk if there's more there.
O'NEIL: Okay.
PRICE: Thank you, sir. Next speaker? Mr. Salvaggio.
SALVAGGIO: Yeah, I'd like to request that a transcript of that
statement be made available as soon as possible to the Council.
PRICE: Thank you. Next speaker?
Requested By: Councilmember Mark Salvaggio
Request Date:- 6/15/94
Prepared: 6/17/94 8:37am
Time Used: .75/.25 (nae, ndw)
TRANSCRIPTS:JUN15.PS
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B A K E R 5 F I E L 0
PUBLIC WORKS DEPARTMENT
MEMORANDUM
DATE: August 3, 1994
TO: MARIAN SHAW, CML ENGINEER III
FROM: BRAD B. UNDERWOOD, CML ENGINEER III ß\3~
SUBJECT: BIKE PATH AT THE KERN RIVER PARKWAY PICNIC AREA
The following is an assessment, from a traffic safety view, of the alternatives for the existing bike path/entrance
road intersection:
Option 1 - Providing a tunnel beneath the entrance road for the bike path. Obviously the most desireable
because all possible traffic conflicts are alleviated. However, other safety issues may need to be taken into
consideration.
Option 2 - Leaving the condition as it currently exists, with the bike path intersecting the entrance road,
controlled by stop signs on the entrance road. While this option gives opportunity for conflicts, they are
controllable with the use of stop signs. We have not had any reported incidents of accidents at this location, it
seems to be operating as designed.
Option 3 - Relocating the bike path to the north side of the park adjacent to the river. This option creates
conflicts between bicyclists and pedestrians utilizing the park. This may create incidents greater in number than
conflicts at the entrance road, due the path creating a barrier between the park and the river and also be
relocated close to the playground area where children are present. Conflicts in this condition would not be
controllable, creating potentially higher risk.
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B A K E R 5 F I E L D
PUBLIC WORKS DEPARTMENT
MEMORANDUM
TO: Fabbri, Park Superintendent
FROM: Jacques LaRochelle, Civil Engineer IV
DATE: July 21, 1994
SUBJECT: Kern River Parkway Group Picnic Area
Bike Path Grade Separation and Parking Lot
Over the past several weeks, several meetings have been held about a possible conflict between bicylists on
the bike path and cars entering the parking lot within the Kern River Parkway. As a result of these meetings,
our department has been requested to prepare a rough cost estimate for some modifications to the Kern River
Parkway Group Picnic Area. The modifications requested include a box culvert (approx. 12' high by 12' wid~)
for cyclists to pass under the parking lot approach drive, a parking lot outside the levee (which marks the
outside of the Kern River Parkway Group Picnic Area) and handicapped access between the proposed parking
lot and the park over the levee.
The improvements required to put in a bikeway box culvert include parallel retaining walls on both sides of
the bike path for a distance of approximately 170 feet on each side of the roadway, excavation and backfill
for the depressed bike path and box culvert, relocation of electrical and telephone conduits, safety lighting,
and the installation of a pump system. The approximate cost to construct this type of improvement would be
between $330,000.00 and $375,000.00.
The improvements required to put in an additional 23 space parking lot and an ADA-acceptable access from
the parking lot to the park includes earthwork, paving, striping and signing, lighting, landscaping, and drainage
improvements. The approximate cost to construct this improvement is between $60,000.00 and $70,000.00.
The total cost of these improvements is between $390,000.00 and $445,000.00. Please see the attachments for
rough sketches of the proposed improvements.
A further complication for this project is that .!illY modification to the levee must be approved by the Greater
Bakersfield Levee District and the U.S. Army Corps of Engineers.
If you require any further information, please contact Marian P. Shaw at 3579.
C94:\KRPARK\BIKEBOX.MEM
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MEMORANDUM
August 8, 1994
TO: Alan Tandy, City Manager ~
FROM: Gene Bogart, Water and Sanitation Manager
SUBJECT: WORK RELEASE PROGRAM
,
This memo is in response to your inquiry regarding the current status of the City's Work
Release Program with the Kern County Sheriffs Department. Prior to the Work Release Program,
the prisoner "trustee" program was used by the City for several years prior to 1988. This program
was not very successful in that the trustees had to be closely supervised and a large amount of staff
time was necessary to administer the program (runaways, equipment misuse, etc.). In December of
1987, the City Council approved an Agreement with the County of Kern for participation in the
"Work Release" program, which has been a successful program until recently. With the exceptions
of the Wastewater Division, all other City departments that use work release "minor offenders"
(workers) have experienced a major decrease in the availability of workers over the last 6 to 8
months.
I discussed the recent reduction in work release personnel with Officer Carter of the Kern
Sheriffs Office. He explained the reduction over the last year was due in part to the additional
demand for workers by county departments, but was primarily due to the "Federal Cap Kick" that
requires early release due to overcrowding of bed space at the Lerdo facility. What this means is
that some of the non-violent offenders are being reduced down to serve as little as one-third of the
original sentence. Most of the work release personnel fall into this category, and many of them are
choosing to serve a shorter sentence in custody rather than stay in the work release program full
term.
Based on the latest information available to the Sheriffs Department, it does not appear that
the conditions causing the reduction in work force will be changing in the foreseeable future.
For your reference, please find a copy of the City-wide work release survey that was
performed in July. The survey outlines those departments and divisions who have participated in
the program and the types~of tasks that were performed. Included also is a copy of the most recent
Work Release Agreement with Kern County, which is a three year agreement that runs from January
1, 1994 to December 31, 1996.
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I Enclosures
cc: Department Heads
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: AGREEIlENT:
POR
PARTICIPATION IN WORK RELEASE PROGRAJI
(COUNTY - City ot Bakersneld)
I THIS AGREEMENT has been entered into this bt day of Janwuy, 1994 by and between
the COUN1Y OP KERN, a political subdivision of the State of California (hereinafter "County"),
and aty of Bakenfteld, (hereJnafter "Contractor"),
WITNFßSETH.
WHBREAS, the Sheriff of County admln1sters a Wod: Release Program for the placement
of sentenced, minor offenders (hereafter referred to as "Workers"); and
WHEREAS, Contractor desires to borrow and utilize such Workers for certain
labor-intensive work within properties under the jurisdiction of the Contractor and Contractor agrees
to borrow and make Use of such Workers under the terms and conditions hereafter set forth; and
WHEREAS. section 4024.2 of the Penal Code of the State of CaJifomia allows the County
Board of Supervisors to authorize the Sheriff to provide such a voluntary program for the benefit
of the public; and
WHEREAS. the Board of SUpervisors finds that the use of such labor for the purposes
hereinafter set forth is necessary and will benefit the citizens of County,
I
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NOW, THEREFORE- it is mutually a¡reed as (OUOM:
1. The Shertff of County shall, to the extent available and consistent with appropriate and
usual security and safety practices as determined by the Sheriff. loan Workers to Contractor which
Contractor may utilize to perform certain cleanup and other labor-intensive activities.
2. Contractor shall be absolutely and solely responsible and liable for the general supervision
and work-related control of any Workers loaned. There shall be no commingling of WorkeR with
the public or Contractor work crews, or staff, other than such supervision by Contractor's employees
as may be necessary to assure safety at the worksite and quality control of the work.
3. Contractor shall, at Its sole expense, provide technical direction to oversee the work
perfonned under this Agreement; and Contractor shall supply, at Ita sole expense, any and all
materials, supplies, tools, and equipment to be utilized by Workers in cany1ng out such work.
4. Contractor, at its sole expense, shall provide transportation for all Workers between any
work sites. AD transportation fum1shed shall be suitable for the safe and secure transportation of
the number of Workers Contractor desires to transport.
S. Contractor shall provide Worken with safety equipment as necessary including any safety
equipment which may be required by any Federal, State, or local law, rule, or regulation so that a
safe working environment is maintained at all times. Contractor shall also provide safety
Instructions, whenever necessary, and shall explain such instructions and the work to be done to the
Workers with sufficient clarity that the work shall be done in a safe and proper manner. Contractor
shall also furnish and be responsible for placing and maintaining any safety warning signs which may
be necessary. Any and all required trafBc control shall be provided by Contractor and shall be
done in a safe and proper manner. Traffic control shall not be done by WorkeR. Only qualified
Contractor employees, and no Workers, shall operate vehicular equipment.
Page 2 - Contract
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! 6. Contractor a¡teeS to provide Workers with a minimum of 8 hoWl work per day, lunch
I
breaks included. Contractor may not require Workers to perform more than 10 hours oC labor
during any workday.
7. In the event a Worker Is injured at any time betWeen the beginning and end of the
workday, the worksite supervisor shall immediately notify the Work Release Pro¡ram office of said
injury. In the event the Work Release Pro¡ram office Is closed for the evening, weekend, or hoUday,
the worksite supervisor must contact the Facility Shift Supervisor, at the Lerdo Male M1nimum
Detention Facßity, at 861-7963 or 861-7972. In the absence of the Wort Release Program staff,
the Facility SJùft Supervisor will be In charge of the Work Release Program. Unless otherwise
instructed by the Work Release Program staff, or other desl¡nated official. the worksite supervisor
shall immediately provide any transportàtion assistance necessary to insure the Worker oC timely and
proper medIcal attention.
8. Contractor shaD be solely responsible for any necessazy medical expenses and for the
admJnJstration of any claJma by Workers for any injuries to any Worker occurrln¡ between the
beginning and end of the workday. Any Worker loaned to Contractor (If considered an -employee"
.
of any party hereto) shall be considered to be the employee of Contractor for all purposes durin.
the entire period such Worker may be on loan to Contractor. Contractor shaD provide, during the
entire term of this Agreement, Worker's Compensation coverage which shall provide any Worker
injured with Worker's Compensation benefits in the event any such Worker is found to be an
employee within the meaning of Labor Code Section 3351. or other appUcable statute. Proof of the
existence of such coverage, to the satisfaction of the County Insurance and Claims Officer, shall be
providedprlor to any Woder bein. loaned to Contractor.
9. SupeIVision shall be carried out only by responsible persons appointed by the Sheriff or
his authorized representative. Any person so appointed shall be an employee of Contractor in Bood
standing. The prerequisites for such appointment shall include the following:
Page 3 - Contract I
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1. Workslte Supervisors must be at least 18 yeaR of ale.
2. Workslte Supervisors must possess a valid California Driven Ucense,
of the proper class for the type of vehicle driven and the number of
workers transported, if any.
3. Worksite Supervisors must possess a valid First Aid/CPR card.
recognizing the completion of a minimum 8 hour combination class.
4. Worksite Supervisors must attend a 2 hour information and
evaluation session with the Work Release Program Coordinator, which
will relate to the administrative functions of the program.
Contractor shaD employ a sufficient number of authorized worksite supeIVison to permit constant
supemsion of all Workers utilized by Contractor. The Sheriff shaD have the right under this
Agreement to conduct Job site inspections to insure that sound lupeIVi&lon practices are beina used
by the appointed worksite supeIVIson. The Sheriff shall provide such appointed personnel with
specific requirements related to the proper supervision of Workers. A copy of such requirements
Is attached hereto, marked Exhibit" A", and Incorporated herein by this reference. Upon failure to
comply with any term or condition of this Agreement or any requirement set forth In Exhibit" A"
hereof, the Sheriff, or his authorized representative. may immediately suspend Contractor's use of
any labor provided pursuant to this Agreement. Whether any term or condition of this Aareement
or any requirement set forth in Exhibit" A" hereof has not been complied with shall be determined
by the office of the Chief of Detentions whose determination shall be final and bindin¡ on
Contractor.
10. This Agreement shaD be effective as of the date first hereinabove written and shall
terminate on December 31, 1996; provided however, that in addition to the power of the Shertff to
term1nate this Agreement as provided for in Paragraph 9 hereof, either party hereto may temùnate
tlùs Agreement by ¡lvIn¡ thirty (30) days written notice to the other party specIfying the termination
date.
Page 4 - Contract
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11. Contractor hereby agrees and undertakes to indemnify, defend (upon proper request),
and hold harmless the County, its officen, agents, and employees from any and all losses, costs,
expenses (including reasonable attorney's fees), claims, liabilities, actions, or damages of any nature
whatsoever, including injuries to or the death of any person or persons (including any Worker
loaned pursuant to this A¡reement) or damage to any property, in any way artsing out of or
connected with or incident to any act or omission of Contractor. its officers, agents. employees.
contractors, subcontractors, or independent contractors in the performance of this Agreement. For
the purposes of this paragraph. any Worker furnished shall be considered to be the employee of
Contractor.
It is further understood and agreed that Contractor, and not County, its omcers, agents,
or employees, is responsible and liable for any defective. harmful, or negligent work done by any
Worker pursuant to this Agreement.
12. Contractor is self-insured for liabllity. Contractor shall maintain adequate reseJVea to
cover any claims and liability which in any. way arise from the performance of this Agreement.
13. All notices or other communicationa herein provided to be given or which may be given
by either party to the other shall be deemed to have been fuDy given when made in writing and
deposited with the United States Postal Service, registered or certified, postage pre-paid and
addressed as follows:
NoUce to County shaD be made to:
Kern County Sherlfrs Department
Wort Release Program
1763S Induatrial Farm Road
Bakersfiel~ California 93308-9766
Attn: CoordJnator. Wort Release Program
Notice to Contractor shall be made to:
aty of Bakersfield
lSOI TNXtun Avenue
Bakerúleld, CA 93301
Attn: Bob Price, Mayor
Page S - Contract
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Notices shall also be deemed received when served personally upon the Sheriff or
Contractor's program manager.
14. The provisions of this Agreement shall be binding upon and subject to any prescribed
limitations on the right of assignment, and shall inure to the benefit of the parties hereto and their
respective heirs, successors, assigns, and legal representatives.
15. Contractor shall not assign or transfer by operation of law or otherwise any or all of its
rights or obligations under this Agreement without the prior written consent of the Sheriff.
I 16. No waiver with respect to one covenant, term, or con clition herein shall be deemed to
I constitute a waiver of any other covenant, term, or condition herein or a waiver of any prior or
subsequent failure to perform such covenant, term, or con clition.
17. This Agreement may only be modified in writing signed by the parties hereto and it
contains all agreements of the parties with respect to any matter mentioned herein. No prior
agreement or understanding pertaining to any such matter shall be given effect.
18. If either Contractor or County brings an action to enforce the terms hereof or declare
rights hereunder, the prevailing party in any such action shall be entitled to its reasonable attorney's
fees to be paid by the losing party as fixed by the Court.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first
hereinabove written,
KERN COUNlY SHERIFF "CONTRACfOR"
B~~e 3/[/17
y , UNO WI r
Approved as to Form:
aty of B rsfie1 Office of City Attorney
Date fEll 1 4 tm y~ """"-:::,
APPROVED as to content:
Page 6 - Contract
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EXHIBIT "A"
INSTRUCTIONS FOR CONTRACTOR AND WORKSITE SUPERVISOR
KERN COUNTY SHERIFp.S DEPARTMENT
WORK RELEASE PROGRAM
THE CONTRACTOR AND/OR WORKSITE SUPERVISOR HAVE THE FOLLOWING
RESPONSIBILITIES IN THE SUPERVISION AND CARE OF WORKERS:
~ VERIFICATION OF ATTENDANCE AND WORK:
1. Remain in the immediate vicinity of the work crew(s) to better
detect anyone leaving the worksite without authorization.
2. Check attendance at the beginning and end of each workday.
Two additional attendance checks are required, at random
times, during the workday. Place a check mark in the
"ATTENDANCE CHECKS" boxes on the form (l=morninq, 4=end of
day). Enter any notes in the "SUPERVISOR'S COMMENTS. box
(i.e. "No Show"; "5 min. late"; "15 min. late - sent home";
etc.). Every name on the roster must be followed by a check
mark or a comment.
3. Anyone who arrives more than 20 minutes late should be turned
away and told to call the Work Release Program office.
4. Anyone whose name does not appear on the roster should not be
permitted to work. If the person has a copy of their "Promise
To Appear" that shows they are scheduled to work that day,
write their name on the roster and allow them to work. No
credit will be given if they are not scheduled in advance.
5. If anyone contacts you and says they are too ill to work,
advise them to contact the Work Release Program office
immediately for information. Written verification of illness
is required to reschedule days.
6. Do not enter into any agreements with Workers regarding
changing work days or hours. Credit is given only for days
scheduled, in advance, by the Work Release Program office.
7. If anyone leaves the worksite without authorization, notify
the Work Release Program office, at the number listed in
Section "E", immediately.
8. Return completed attendance rosters to the Work Release
Program as soon as possible. The return address is listed in
Section "E".
9. State law requires a full day of work (8 to 10 hours) for each
day of sentence. Work days must be at least 8 hours long,
including lunch and breaks, to qualify for this program.
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B. REQUIREMENT OF PROPER CLOTHING AND SAFETY EQUIPMENT:
1. Remain in the immediate vicinity of the work crew(s) to better
detect anyone not wearing proper protective clothing, assigned
distinctive clothing, or provided safety equipment.
2. Issue the identification, provided by the Sheriff to each
Worker at the beginning of each workday.
3. Distribute safety equipment, provided by Contractor, as
necessary during the workday.
4. Workers are required to wear provided identification at all
times during the workday, regardless of assigned task or work
location. Identification must be worn over all other clothing
I so it will be visible at all times.
I
5. Workers are required to wear safety equipment when deemed
necessary by the Worksite Supervisor.
6. Workers mus t wear proper clothing for doing manual labor.
Short pants or open shoes are prohibited.
.7. Worksi te Supervisors are responsible for the collection of all
safety equipment by the end of each workday.
8. All identification issued at the beginning of each workday
will be collected by the Worksite Supervisor at the end of
each workday.
I
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I C.KAINTAINING AN ORDERLY WORKSITE:
I
1. Remain in the immediate vicinity of the work crew(s) to better
detect anyone violating the rules or laws.
2. If any problem arises with a worker, tell them to leave the
worksite and advise them to call the Work Release Program
office, immediately. Notify the Work Release Program office,
by telephone, immediately. Complete an INCIDENT REPORT form
and send it to the Work Release Program office, at the address
listed in Section "E", by the end of the workday.
3. If the Worker refuses to leave, or in any way continues to
disrupt the worksite, contact the Work Release Program office
immediately. Arrangements will be made to remove the Worker
from the worksite. Complete an INCIDENT REPORT form and send
it to the Work Release Program office, at the address listed
in Section "E", by the end of the workday.
4. Workers are prohibited from doing the following:
A. Operating vehicular equipment.
B. Communicating with other than supervisory personnel, or
other workers.
C. Making personal telephone calls.
D. Leaving the worksite during the workday.
E. Being insubordinate to supervisors.
F. Being disrespectful to anyone.
G. Violating any program rules or regulations.
H. Consuming any alcohol during the workday.
I. Consuming any drugs during the workday, unless àuthorized
by law.
J. Reporting - for work under the influence of alcohol or
drugs.
5.Worksite Supervisors are not to take any punitive action
against workers.
.
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D. AIDING WORKERS WHO ARE INJURED OR ILL:
1. Remain in the immediate vicinity of the work crew(s) to
better detect any injuries or illnesses.
2. If a worker sustains a minor injury or illness, requiring
first aid only:
A. Notify the Work Release Program office, at the number
listed in Section "E", as soon as possible. Follow the
instructions you are given by the Work Release Program
staff.
B. Send a completed INCIDENT REPORT to the Work Release
Program office, at the address listed in Section "E", by
the end of the workday.
3. If a worker sustains a serious injury or illness,
requiring more than minor first aid:
A. Immediately transport the worker, by ambulance if
necessary, to the nearest emergency medical facility.
B. Notify the Work Release Program office, at the number
listed in Section "E", i~ediately. Follow the
instructions you are given by the Work Release Program
staff.
C. Send a completed INCIDENT REPORT to the Work Release
Program office, at the address listed in Section "E", by
the end of the workday.
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E. COMMUNICATIONS WITH THE WORK RELEASE PROGRAM OFFICE OR STAFF:
1. The telephone number to notify the Work Release Program
staff of any of the matters outlined above is 861-7990.
2. In the event the Work Release Program is closed for the
evening, weekend, or holiday, you must contact the
Facility Shift Supervisor, at the Lerdo Male Minimum
Detention Facility, at 861-7963 or 861-7972. In the
absence of the Work Release Program staff, the Facility
Shift Supervisor will be in charge of the Work Release
Program.
3. Written communication for the Work Release Program should
be sent to:
Kern County Sheriff's Department
Work Release Program
17635 Industrial Farm Road
Bakersfield, California 93308-9766
Attn: Coordinator, Work Release Program
FAILURE TO ABIDE BY THESE RULES AND
REGULATIONS MAY RESULT IN THE CONTRACTOR
BEING SUSPENDED OR REMOVED FROM
PART IeI PA T ING IN THE WORK RELEASE
PROGRAM.
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AD MINI S TRA TIVE REPORT
MEETING DATE: August 24, 1994 AGENDA SECTION: New Business ITEM NO:
TO: Honorable Mayor and City Council APPROVED
FROM: Carol Williams, City Clerk DEPARTMENT HEADI!tt/~
DATE: August 9, 1994 CllY ATIORNEY
CllY MANAGER
SUBjECf: Resolution providing for the appointment to the Office of Councilmember for Ward 3 of
the City of Bakersfield that was to be elected on Tuesday, November 8, 1994.
RECOMMENDATION:
Staff recommends adoption of Resolution.
BACKGROUND:
The filing deadline for Council Ward No.3 was August 12, 1994. California Election Code Section
22843.5 provides an opportunity for City Council to appoint the sole candidate and cancel the election
if there is not more candidates than offices to be elected. It is estimated Council may save as much as
$14,000 by canceling the Election in Ward No.3. A copy of the Notice and City Clerk's Certification are
included for your information.
Pursuant to Elections Code Section- 22843.5: \
"
Nominations close. Friday, August 12, 1994
City Clerk plans to notify Council Monday, August 15, 1994
of their options by this date.
City Clerk plans to publish Notice Tuesday, August 16, 1994
of the options by this date.
City Clerk must notify Council Wednesday, August 17, 1994
by this date.
City Clerk must publish Notice Friday, August 19, 1994
by this date.
August 9. 1994. ll:O6am ...
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? AD MINISTRA TIVE REPORT Page 2
Election Resolution
(Continued)
Five-day waiting period following
publication of the Notice before
Council can take action.
Council must take action on this date Wednesday, August 24, 1994
to adopt a Resolution providìng for
appointment of the Councilmember and
canceling the election.
IT, by the 75th day prior to Election, Thursday, August 25, 1994
no person has been appointed to the
office pursuant to the options available,
the election shall be held.
DSI
AU24CCl.NB
August 9. 1994. ll:O6am
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RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF BAKERSFIELD, CALIFORNIA, PROVIDING FOR THE
APPOINTMENT TO THE OFFICE OF COUNCILMEMBER FOR
WARD 3 OF THIS CITY THAT WAS TO BE ELECTED ON
TUESDAY, NOVEMBER 8, 1994.
WHEREAS, pursuant to Section 22843.5 of the Elections
Code of the state of california, as of the close of the nomination
period on August 12, 1994, there are not more candidates than
offices to be elected and that section 22843.5 of the Elections
Code allows one of the following courses of action to be taken by
the City Council:
1. Appoint to the Office the person who has been
nominated.
2. Appoint to the office any eligible voter if no one
has been nominated.
3. Hold the election if either no one or only one
person has been nominated.
WHEREÁS, a notice was published on August 16, 1994 in a
newspaper of general circulation pursuant to law.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF
BAKERSFIELD, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER
AS FOLLOWS:
SECTION 1. That pursuant to Section 22843.5 of the
Elections Code of the State of California, the following action is
being taken:
(a) The following person is being appointed to the
offices to which she was nominated:
NAME OFFICE TERM
Patricia M. Smith City Council Member Four Year Term
¡ .,- ,.
NOTICE THAT THERE ARE NOT MORE CANDIDATES
THAN OFFICES TO BE ELECTED
NOTICE IS HEREBY GIVEN that pursuant to Section 22843.5
of the Elections Code of the state of California relating to the
General Election to be held on Tuesday, November 8, 1994:
As of the close of the nomination period on August 12,
1994, there are not more candidates than offices to be elected in
Ward No. 3.
That section 22843.5 of the Elections Code allows one of
the following actions to be taken by the City council:
1. Appoint to the office the person who has been
nominated.
2. Appoint to the office any eligible voter if no one
has been nominated.
3. Hold the election if either no one or only one
person has been nominated.
The City Council will meet on August 24, 1994, to either
make the appointment(s) or direct an election to be held. The
person(s) appointed, if any, shall qualify and take office and
serve exactly as if elected at a municipal election for the office.
If, by. the 75th day, (August 25, 1994) before the
municipal election, no person has been appointed to the office(s)
pursuant to (1) or (2) above, the election shall be held.
If the City Council makes an appointment pursuant to
Section 22843.5, Elections Code, the City Clerk shall not accept
for filing any statement of write-in candidacy which is submitted
after the appointment is made.
/s/ CAROL HI LLIAHS
Carol ,Williams, City Clerk
Dated: August 12, 1994
CW\gjr\pm
ELECTION\NoticeW3.Apt
8/09/94
,,; ì
CITY CLERKS CERTIFICATION THAT THERE ARE NO MORE
CANDI~TES THAN OFFICES TO BE ELECTED
I, Carol Williams, City Clerk of the City of Bakersfield,
do hereby certify that pursuant to Section 22843.5, Elections Code
of the State of California, to the following facts relating to the
General Municipal Election to be held on Tuesday, November 8,1994:
As of the close of the nomination period on August 12,
1994, there are not more candidates than offices to be elected.
The person(s) so nominated are:
Patricia M. "Pat" smith. Ward 3
~ .~,'.'.' ".. ..
That section 22843.5 of the Elections Code allows one of
the following actions to be taken by the City Council:
1. Appoint to the office the person who has been
nominated.
2. Appoint to the office any eligible voter if no one
has been nominated.
3. Hold the election if either no one or only one
person has been nominated.
A notice of these facts will be published on August 16,
1994 in a newspaper of general circulation in the city pursuant to
section 6061 of the Government Code. After the fifth day following
I the date of publication, the City Council will meet again to either
I make the appointment(s) or direct an election to be held. The
I person(s) appointed, if any, shall qualify and take office and
I serve exactly as if elected at a municipal election for the office.
I
If, by the 75th day, (August 25, 1994) before the
municipal election, no person has been appointed to the office(s)
pursuant to (1) or (2) above, the election shall be held.
If the City council makes an appointment pursuant to
Section 22843.5, Elections Code, the City Clerk shall not accept
for filing any statement of write-in candidacy which is submitted
after the appointment is made.
/5/ CAROL WILLIAMS
Carol Williams, City Clerk
CW\gjr\pm
ELECTION\Clerk.Crt
8/09/94
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CANDIDATES FOR PUBLIC OFFICE
NOVEMBER 8, 1994 GENERAL MUNICIPAL ELECTION
CERTIFIED CANDIDATES:
Ward 1
WESLEY W. CRAWFORD, SR. - COMMUNITY YOUTH COUNSELOR
1408 Virginia Avenue
Bakersfield, CA 93307 (H) 328-9849 (B) 395-4570
IRMA CARSON - DIRECTOR COUNSELING CENTER
1001 Oleander, #7
Bakersfield, CA 93304 (H)325-4327 (B)324-4756
(Message No.) 323-8825
STEFAN AUGUSTUS LAMBERT to appear on the ballot as
STEFAN "SLAM" LAMBERT - EDUCATOR
315 "T" street
Bakersfield, CA 93304 (H) 833-3435 (B) 1-800-840-4TAX
Ward 3
PATRICIA M. SMITH to appear on the ballot as
PATRICIA M. "Pat" SMITH - COUNCILMEMBER
3908 Panorama Drive
Bakersfield, CA 93306 (H) 871-5035
Ward 4
KATHRYN LYNN BINGHAM to appear on the ballot as
KATHRYN "KATHI" BINGHAM - DIRECTOR, NON-PROFIT
ORGANIZATION
3313 Colony Oak
Bakersfield, CA 93311 (Council Phone) 665-2489
KEVIN L. McDERMOTT to appear on the ballot as
KEVIN McDERMOTT - BUSINESSMAN/COUNCILMAN
1620 Greenhaven street
Bakersfield, CA 93312
JAMES L. HENDERSON - REAL ESTATE APPRAISER
8708 Duncanson Drive
Bakersfield, CA 93311 (Council Phone) 665-8109
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Candidates for Public Office
Page -2-
CERTIFIED CANDIDATES (Cont'd.):
Ward 7
MARK C. SALVAGGIO - COUNCILMAN/EDUCATOR
2213 Woolard Drive
I Bakersfield, CA 93304 (H) 834-6667
CARL J. NICITA - EMERGENCY COMMUNICATIONS SUPERVISOR
4008 Redford Court
Bakersfield, CA 93313 (B) 398-8814
FILED. BUT NOT CERTIFIED:
Ward 3
NICHOLAS JOSEPH ELIZONDO to appear on the ballot as
NICHOLAS ELIZONDO - STATE PAROLE AGENT
4009 Columbus
Bakersfield, CA 93306 (B) 395-2864
Ward 7
JOHN RONALD BENTLEY to appear on the ballot as
JOHN R. BENTLEY - BUSINESSMAN
3004 Allenhurst
Bakersfield, CA 93304 (Voice Mail) 631-7474
TAKEN OUT PAPERS (but not filed):
Ward 1
CALVIN BARTHEL - PARALEGAL
1300 Eureka
Bakersfield, CA 93305 (H) 324-1711
MARK FREDERICH HEILLER to appear on the ballot as
MARK F. HEILLER - STUDENT
2115 Verde street
Bakersfield, CA 93304 (H) 325-2817 (Messages) 395-4458
ELECTION.LST
8/12/94
2:30 P.M.
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BAKERSFIELD
Economic and Community Development Department
MEMORANDUM
August 9, 1994
TO: George Gonzales, Community Development Coordinator
FROM: Tracie King, VISTA Volunteerl\')
SUBJECT: Light the Night Rebate Program
On August 2, 1994, the Economic & Community Development Department (EDCD)
held a neighborhood meeting on Pacific Street, with 75 residents in attendance. The
purpose of this meeting was to introduce a new program, "Light the Night" This
program has been designed to provide outdoor security lighting, at little or no cost, to
low and moderate income persons in the Looking Good Neighborhood
revitalization area. "Light the Night" is an extension of the Looking Good
Neighborhood Revitalization Program funded through CDBG.
This program allows for the purchase of two lighting fixtures; one for the front and one
for the back of each residence. Before residents can purchase lights, they must
complete and return an application to EDCD. Residents will then be given written
notification when their rebate application has been approved. A rebate of up to $50
per light, not to exceed two lights, will be given to each resident who purchases and
installs outdoor lighting fixtures on their home. Residents must be able to install their
own security lights or arrange for the installation by a qualified technician. To receive
the rebate, by December 31, 1994, a proof of purchase must be provided to EDCD,
and inspection must be conducted to verify proper installation.
Im:TK4IGEORGE.MEM r\r~~\I~Ö ---
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; I,
\ \ " .~ 9 1994 .!
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CITt MANAG~~5-':1
___H ---
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B A K E R S F I E L D
Alan Tandy. City Manager
August 9,1994
Ms. Sherry Dillard, Director
Bakersfield Museum of Art
1930 "R" Street
Bakersfield, CA 93301
Dear Sherry:
As a result of our meeting on July 19, I have asked City staff to follow up on a number of issues relating
to the Museum. Although I believe you have been in contact with Trudy Slater of my office, I thought you
might like to be updated as to steps taken to date.
The watering of the Gardens can be electronically set to run beginning at 4:00 p.m. on scheduled days.
It will water in sections as the system is unable to maintain enough pressure to water the entire area at
once. Frank Fabbri, our Parks Superintendent, will be contacting you regarding the watering schedule
for the Gardens and other concerns. There will be an added cost to the City when the watering of the
Park and the Gardens are separated.
¡
Trudy Slater has discussed with you the problems which may occur if the restroom in the park is closed.
It is my understanding that you no longer feel that closing the restroom would benefit the Museum.
Larry Jamison, our General Services Superintendent, has reviewed existing lighting at the parking lot and
has indicated that an additional arm can be added to an existing pole light, thereby creating additional
lighting in the general area of the handicapped parking zone in front of and slightly to the east of the
Museum's front gate.
I have forwarded to our City Attorney a request for legal clarification on dedication issues regarding the
Museum's building and. grounds, including issues on the land and the building as well as donations made
to "the Cunningham" gallery and the Camellia Gardens. Also being researched is the issue of feeding of
the homeless in the park. As Trudy mentioned to you, it would be helpful--when you or your staff see this
occurring--if you would find out which organizations are sponsoring the distribution of the food. The
sponsoring organizations may not be aware of the negative impact you feel it is having on your
organization.
Please feel free to contact Tru or me should you have any questions.
AT:jp
cc: Hono ble Mayor and Bakersfield City Council
Judy Skousen, City Attorney
Larry Jamison, General Services Superintendent
Frank Fabbri, Parks Superintendent
Trudy Slater, Administrative Analyst
City of Bakersfield. City Manager's Office. 1501 Truxtun Avenue
Bakersfield. California. 93301
(AOI)) 1?h-171)1 . F;:¡x (AOI)) 1?4-1Rt\O
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COUNTY OF KERN
DEPARTMENT OF
P ARKS AND RE C REA TIO N
1110 Golden State Avenue ROBERT D. ADDISON Phone (805) 861-2345
Bakersfield, CA 93301-2496 Director FAX (805) 861-9190
August 3, 1994
Mr. Jack Hardisty, Director DEe 1m ! V ED
City of Bakersfield ~
Development Services AUG 0 5 1994
1715 Chester Avenue
Bakersfield CA 93301.. CITY OF BAK~R8FI~lD
, PL.~NNINQ QI;;PAI'tTMIiNT
Subject: Tract Map 4824, Units A and B - Park Land Fee
Dear Mr. Hardisty,
In response to your request for the transfer of the subject park land fee, the Kern County Parks
Department agrees that these funds should be transferred to the City. The process that will
cause the County Auditor's Office to transfer the funds to the City's account has been initiated.
The initial park fee was $7,425. Since being deposited into the CounìYs fund, the fee has earned
$1,455.59. This brings the total amount that will be transferred to the City to $8,880.59.
If you have any questions, please contact John Fedorsin in our office.
Sincerely,
- ~. ^ \\ RECE~VfED ¡
~Û~. ~
J~e A. Gelock þllr, 8 1994: I
Assistant Director ij i
. CITY MANAGER'S OFFICE I
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84< THE BAKERSFIELD' CAUFORNIANr '*
~"'~A' 12 '1994 ~
y . ugust. ,
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,1;500 feet
Land owners snag
bike path .
expansIon
By GREG CAMPBELL path will go under Manor Street.
Californian staff writer The city and county are building
Construction has started on a the 4-mile link between Manor
four-mile expansion of the Kern Street and Alfred Harrell Highway.
River Bike Path east past Manor The bike path already runs nine
Street, but work now is hung up on miles along the river from the
negotiations with property owners Stockdale Highway Bridge near Cal-
for easements. ifornia State University, Bakers-
The work was expected to be field.
done last September but has been The city will build about 2.2
delayed by arguments over the miles of the path and the county the
alignment and easements. The city remainder. Already set aside for the
of Bakersfield has been talking with project is $684,988, said Peter Smith,
land owners for about six months, a senior planner with the Kern
said Jack La Rochelle, design.engi- Council of Governments. The money
neer for the city. comes from special funds set aside
The land in question is about 600 for bicycle and foot traffic.
feet long and 12 feet wide. It is Bike paths nonnally cost about
~ south of the canal at the base of the $100,000 a mile to build. This stretch
bluffs in northeast Bakersfield. The is more expensive because of the
residences in the area are on the bridges, Smith said.
other side of the canal, and on top of Plans call for the path to eventu-
the bluffs. ally stretch to Lake Ming. The
Work on other easements ap- 5.7-mile portion of the bike path
pears to be going smoothly. he said. from Alfred Harrell Highway and
Plans for the path and its three Fairfax Road to Hart Park would
..;.. bridges across the canal have been cross the river and move down its
completed. A retaining wall already north side before crossing the river
has been installed near where the again at Hart Park.
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B A K E R 5 F I E L D
PUBLIC WORKS DEPARTME
MEMORAN U
/
TO: Alan Tandy, City Manager
FROM: Raul Rojas, Public Works Director ~~
DATE: August 10, 1994
SUBJECT: PANAMA NO. 10 ANNEXATION SUMP IMPROVEMENT
Council Referral Record #13603 (Salvaggio)
Signed contract documents have been received from the
contractor. Work is anticipated to begin in September and the
contractor will be requested to begin work on the sump
improvement first.
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en-v MANÞ~;;;:--;'-~.
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REF13603.JRL
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COUNCI-L~riEfERRAi.. ::' :'~:: ,...:' .:1LJÏ,', :<"< '1
, ,,):~:'~;,:':'>, ~:,,;', ' ' ,,' "~ " i,c, ~JUL 7 -:.1994':'" '::"', ,,", ':
",-"",,~:MEETINGOF:'O6/29194~';' ,,', ','" i ,"" " ""'~
,"'"" " ',',,' ",,' "', ':' 'PUBlIC'WORKSDEPARTMËN1
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,REFERRED TO: JPI,J!3,L1C'WORKS' ::~R'ROJAS
ITEM: 'RECORD# 13603
Panama No. 10 Annexation sump improvement.
(Salvaggio)
ACTION TAKEN BY COUNCIL:
SALVAGGIO COMMENTED ON THE HOUSING AND COMMUNITY,'
DEVELOPMENT PROGRAMS MEMO FROM COMMUNITY
DEVELOPMENT PRINCIPAL PLANNER ZARAGOZA TO
ECONOMICDEVELOPMENTDIRÊCTOR JAKE WAGER AND
ASKED PUBLIC WORKS TO EXPEDITE THE SUMP
IMPROVEMENT OF PANAMA NO. 10.
BACKUP MATERIAL ATTACHED: NO
"
DATE FORWARDED BY 'CITY CLERK: 07/01/94
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TUESDAY, AUGUST 9, 1994 . LOS ANGELES TIMES
'. .- - ------ ..
Panel Rejects Bill Tymg
G r() wth,W ater Supply
.. ,.. ... ..... -- ..--- .. ,.. ., ' - .
.:~.~qv~'~..,,~n\~YnUSlta1 alliance QfJ~.fJ11eØ.~ò..:; :
vMwqmé~ backed measure. B~~lfkm"PlÌ«ftd iti
,
By VIRGINIA ELLIS ~ho had co~e to testify form~ a
and MARK ARAX line that snaked ; from .the !ront 'to
TIMES STAff WRITERS the back of the comnuttee she$--
ing room. .
SACRAMENTO-A controver- In support of the bill were farm-
",.j~1 .~~sW'e t,hal would ,have era and eDVironmentaUlta.who ~d ,
, forced cities: to 'emq¡lder" water forged a ~11l111U1~'ta ptømot. a ;
supply before approving new measure tJìëy "¡ìaft áB 'Ii "-,y ~to
growth went down to defeat in a ensure thát in thë 8J'erui of'éóm~-
Senate committee Monday under ing water demands, existing Inter-
the weight of pressure' from the ests would come first :,
building industry. Arrayed against them we)'e
The measure died without a final powerful building and real es~
vote as Senate Rules Committee forces who complained that the bill
members agreed among them- was a thinly disgulaed effort :10
selves that the legislation did not slow down growth in California
deserve a rule waiver that would and dilute the power of local gov-
have allowed it to be heard in the emments to deal with it. :
last, hurried weeks of this year's The legislation, authored by A:s-
session. semblyman Dominic L. Cortese I
Senate President Pro Tem Bill CD-San Jose), chairman of the!
Lockyer CD-Hayward) said the Water, Parks and Wildlife Com-
committee was not judging the mittee, would have required that
merits of the measure, but had before new suburbs were created,
concluded that 10 consider it would the local government would have
lake up too' much of the limited to identify the source and avalla-
time remaining to the Legislature. bility of water to supply new
The two houses adjourn Aug. 31. residents.
"The idea of having more hear- Cortese, who had hoped the
ings at this point would be unwise," measure would at least get a he<n'-
he said. ing in the Senate, said the struggle
Just minutes before, witnesses Please see WATER, A.17
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WATER: Bill Dies in Committee ! I
Continued from A3 and this bill ~d n~t la~e.a c~nsen-
Is far from over. sus appr~ch,. saId bwlding 1Odus-
- -- ',: ~~:"The Building Industry Assn. try lobbYiSt R1Chard Lyon.. .
r 0 ;=> ff" íE DVIE n=~ ~ and the real estate interests won Randele Kanouse, a legtsla~lv:e
, [ft E \\.0 6 Ü - !C ~ - ': out over the farmers and the manag~r.'or the ~t Bay MunJcl-
\ r::. ..--- I] I', environmentalists," he said. "But I pal Utility Distrtct who helped
\ \ i,! thihk they are shooting themselves dr~t the bill, said the pro~l
It." ' r ' r., 9 1991i F fn the foot. In the future, my guess might ha~e a better chance 10 a
,; I ' 'I~ is we'll see some real entrenched non-election year, when interests
t !': ~ --~!\ ~,arfare among residential, indus- would n~t.be contrib~ting so heav-
.~ ,~ a¡r;¡¡;;lcF'::', trial and agricultural users, many Uy to political camp81gn&.
'...".': MAN~~~~"~- .".JJ .:'; óe whom have come together '~e ,Is on our side," he,said.
""~- here." "Th18 18 Just phase one. We II be '
. ~th sides acknowledged Mon- back. If the water supply is sinking
., that the Issue is not likely to go at the same time that growth and
päý. ' population are rising, we have a
~. "What we need Is to form a problem \hat we1l have to deal
~nsU8 on growth and water, . with right around the corner."