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HomeMy WebLinkAbout10/14/94T .� " • .. .���..�..'� B A K E R S F I E L D MEIIAORANDUiIA October 14, 1994 T0: HONORABLE MAYOR AND CITY COUNCIL FROM: ALAN TANDY, CITY MANAGER �� Q,�- SUBJECT: GENERAL INFORMATION 1. On Wednesday, October 19th, at 2:00 p.m., we will have a press conference at the Convention Center to announce something new coming to Bakersfield and the Convention Center. We agreed on a contract this week for a test season. We will try to keep it a secret as to what it is to get interest up - Our goal is to ice the details. Please join us - it should be fun! 2. A status report on a number of Block Grant projects is enclosed. 3. A report is enclosed on a Council inquiry raised relative to the Conservation Operations and its staffing level. It appears that we can deal with this situation in the short term, but that a long-term plan is also in order. This is one subject which will be discussed with the Personnel Committee, in the near future, because it will require job description changes and the like. 4. The official notice on the Fire Fund revenue distribution from the County contains modest good news. It is $848,674; the amount we budgeted for was $800,000, so it slightly exceeds the budget. 5. We have not checked out all of the details, limitations, constraints, etc., but, supposedly, the Kern County Fair has $3 million, plus parking infrastructure that they could put into the baseball stadium, if we go at that site. We will check, in much more detail, and get back to you if it is becoming a realistic alternative. At this point, we do not know such things as whether the Fair's desires and constraints would be compatible with the baseball team franchise, etc. 6. The County's proposed booking fee is enclosed. It is another attempt to "bilk" us out of revenue. 7. A report from another city, where the Kern County Administrative Officer has been paying individual lobbying visits, is enclosed stating that we only have two choices on tax splits. One is 80%-20�; the other is 60°�-40% wi th gi vi ng up 5% of our gross sal es tax to the County ( currently $1. 5 million) on a phased basis over several years. Either, in my opinion, is totally unacceptable. Documents from Joe Drew to Delano are enclosed. We have tried a variety of tools to influence the County on this - none have been successful. I would appreciate your ideas. ,^ . �; 4 . HONORABLE MAYOR AND CITY COUNCIL October 14, 1994 Page -2- 8. Melanie Dunwoody, who has been providing our office with budget services for the last six years, has accepted a higher paying job and will be moving to the Business Manager position �n Economic/Community Development. We will miss her but, depending upon when we are able to fill the position, we may ask for help from her during the budget process. 9. There has been a meet and confer process this week. Basically, we are � phasing out the incentive program in the Sanitation operation. The incentive program lets the crew go home when they get done with their route. With the conversion to one-man in the automated system, we will be eliminating that so that the remaining workers are at a higher pay classification, but they work an eight-hour day. 10. There are responses to a variety of Council Referrals enclosed, including one on bill inserts through P.G. & E. (they do not allow them as a matter of corporate policy), the removal of shopping carts, street lights at Eastgate, Jamaica Way and Mesa Verde, the public hearing for a street vacation, large out-buildings in Tract 4885, a request to the League of California Cities regarding the timing of the Annual Conference, a safety hazard at 4312 Axminster, lighting at City Hall, a traffic signal at South K Street and Wilson Avenue, a petition regarding a cul-de-sac at Highway 178 and the circumstances under which the President declares an emergency or major disaster. 11. A memo is enclosed regarding the Villa de Oro Apartment project. It has been done with positive results. 12. An update from the Development Services Department regarding miscellaneous items is enclosed. 13. Information regarding the Baker Street Specific Plan is enclosed. 14. The City, County, Kern County Water Agency and Castle & Cooke met with LAFCO this week. The four of us all agree on a land trade/annexation that helps all parties. Unfortunately, it takes LAFCO approval. They are reluctant to approve, but we will know more in a few weeks. AT.alb Enclosures cc: Department Neads City Cler.k � �,� �- _"��� �'`'� _.� TO: FROIVi: MEMORANDUM 3ake Wager, Economic Development Director Vince A. Zaragoza, Principal Planner � , October 5, 1994 � � � 5UBJECT�: Status of Community; Development (CD.) Projects and Consolida.ted Planning This memo will serve as an update concerning on-going community development projects and the Consolidated Plan 2000. CAPTTAL IMPROVEMENT PROJECT 1. 2. Inyo Street Curb and Gutter Project Installation of approximately 4361ineal feet of iniill curb and gutter to serve a portion of Census Tract 14. This project will improve the drainage of the neighborhood. Construcrion is scheduled to stazt on October 3. Estimated completion date is early December, 1994. Canstruction budget is approximately $20,000. Dolores Area St. Curb and Gutter Project Installation of approximately 1,830 lineal feet of infill curb and gutter to serve a portion of Census Tract 15. This project will improve the drainage of the neighborhood. Design for the project is complete. Construction scheduled to start by mid-October . Estimated completion date is early December, 1994. Construction budget is approximately $68,852. 3. Bakersfield Homeless Cerrter Improvements Bethany Services has been awarded a grant from the 5tate Federal Emergency 5helter Grant program in the amount of $92,000 for a 500 sq.ft. addition to the family dorm area, energy retrofit improvements and other rehab work on the facility. CD staff will provide technical assistance in its implementation. Council recenfly approved an amendment to the Bethany Services agreement and appropriation of $92,25Q. Plans are being prepared Co go out to bid by end of October. Complerion is anticipated by early 1995. �������� � �^ � L� � 71994 ,i �C6� I�iA�lA,G���'� ���°��"' r ti} � � 4. Dobruskv Drive Area Curb and Gutter Project Installation of approximately 935 lineal feet of infill curb and gutter. This project will alleviate localized drainage problems in the area. Construction is scheduled to start by mid-October. Estimated completion date is early December, 1994. Construction budget is approximately $34,000. 5. "O" Street Curh and Gutter Project Installation of approximately 100 lineal feet of infill curb and gutter between 38th and 40th Streets. This project will improve the drainage along "O" Street. Design is complete. Construction is scheduled to start on October 3. Estimated complerion date is eazly December, 1994. Construction budget is approximately $2500. 6. Panama #10 Area Curb and Gutter and Sump Reconstruction (Phase I) Expansion of a neighborhood sump and addition of approximately 6,120 lineal feet of curb and gutter (no curb and gutter currently exists in this recently annexed neighborhood). Design for the sump improvements is complete. Sump construction is scheduled to begin by mid-October. Estimated completion date for sump related improvements is early December, 1994. Construction budget is approximately $30,173. Design and construction of curb and gutter improvements is anticipated to begin in FY 96 subsequent to approval of addirional funding for this project. 7. Pana�na #10 Sewer Project (Phase I) Design only of about 4,200 lineal feet of sewer main and approximately 2,1001ineal feet of sewer laterals for the Panama #10 area. Approximately 81 residences will be served. Design is anticipated to be completed in June, 1995. Design budget is approximately $25,500. Construction funds for this project are anticipated to be phased in over the next two years. 8. Ralston Cul-de-Sac Design and construction of a cul-de-sac on Ralston Street at its intersection with Lakeview Avenue (part of the City's Looking Good Neighborhood Program). The activity will benefit approximately 50 residences by creating a more aesthetic and safer street. Design is complete. Construction is scheduled to begin by mid-October. Estimated completion date is early December, 1994. Construction budget is approximately $23,173. � � 10. 11 12. 13. Union Avenue Anne�ration #10 Sireet Lighting Project Installation of approximately 30 street lights in Union Avenue #10 Annexation area (residential streets only). The city annexation protest hearing is scheduled for November, 1994. Project implementation subject to approval of annexation. Street light budget is approximately $30,100. Union Avenue Street Lighting Pro� Installation of approximately 14 street light poles in the street median to illuminate the west side of Union Ave. from l lth Street to Brundage Lane. The project was completed on June 22, 1994. Street light budget was approximately $33,979. Architectural Barrier Removal Program - Public Buildings Installation of handicap (ADA) improvements in the Bakersfield Convention Center to provide greater mobility to handicapped citizens who use the facility. Procurement is underway with completion by end of 1994. Budget is approximately $36,823. In addition, plans and specs are being developed for handicapped accessibility improvements to the council chambers. The budget is approximately $79,000. Anticipated completion is eazly 1995. Lowell Park/Carnation Area Lighting Improvement Project Upgrade wattage of approximately 133 street lights and install 16 new street lights on non-commercial streets in an area bound by California Ave. on the north, Union Ave. on the east, Brundage Lane on the south, and Chester Ave. on the west. Design is scheduled to start in October with construction to start in December 1994. Street light construction budget is approximately $37,000. Jefferson Park Basketball Court Replacement Replacement of approximately 2500 square feet of delapidated basketball surface at Jefferson Park. The project is scheduled to begin by mid-October and be completed by the end of December. Construction budget is approximately $8300. NON-PROFIT PROJECTS Community Development Staff is assisting the following various non-profit organizarions to acquire or improve their facilities. 3 1. Clinica Sierra Vista Medical Facilitv. Acquisition assistance to acquire a 60,000 sq. ft. site for the construction of a 10,000 to 15,000 sq. ft. medical facility at 823 Lakeview Avenue. Acquisition was completed in March for $100,000. Additional assistance for real property medical equipment has been budgeted in Fiscal Years 94 and 95. Anticipated completion of the facility is end of 1995. Final plan check is underway with preliminary site grading scheduled for mid-October. On September 23, Clinica held a morning groundbreaking which was well attended by residents and city officials. 2. Bakersfield Senior Center Phase Ill - Services Building Project. Activity has been amended from new construction to acquisition of three buildings containing 4,713 square feet of classroom, office and storage space adjacent to the Bakersfield Senior Center. The Bakersfield Senior Center will operate and own the facility. Project Agreement was approved by City Council end of 1993. Escrow closed in July, 1994. Acquisition budget is approximately $110,000. 3. Kern Countv Alcohol Center Improveinent Approximately $10,000 assistance for installation of a parking lot with landscaping improvements. The Kern County Alcohol Center will contribute approximately $10,000 towards the project. Project agreement has been executed and bidding is underway with start-up anticipated by eazly October. 4. Kern Countv Economic Opportunitv Corporation (KCEOC) KCEOC has been selected as a CHDO (community housing development organization) under the HOME Program guidelines. They will be identifying, acquiring and rehabing 2 single family residents for sale to low income first time home buyers. Upon completion and sale of the property, the recaptured funds will be utilized to acquire additional properties and repeat the process. 5. Imnact Youth Facilitv Acauisition City project assistance is $20,000 for a portion of the site acquisition cost (total acquisition cost is about $200,000). T'he facility to be purchased is the Strongbow Stadium which will be used as a neighborhood youth center. Site location is 2201 V Street. Draft agreement is being developed. Anticipate City Council approval by mid- October. Anticipate escrow to close by November. 4 6. Societv for Crippled Children and Alcohol An agreement is being drafted for $40,000 to assist with the cost of modifying the recently acquired facility (1819 Brundage Lane) to meet the needs of the agency. Anticipate the agreement should go before the Council by mid-October, 1994. Anticipate completion of the rehabilitation by spring of 1995. NEIGHBORHOOD REVITALIZATION AND HOUSING 1. Grajj`"iti Prol,ram On August 22, 1994 Myra McArthur was hired as a new part-rime temporary graffiti coordinator. T'he graffiti software is on-line, work orders are being processed and previous information is being entered into the data-base. The hodine is averaging 250 calls per month. In response to the graffiti public service announcement that is being promoted on Warner Cable, many hotline calls are from county locations and concerned school age youths. Approximately 35°Io of graffiti removal work orders are for CD target areas with the remaining 65°Io for non-CD areas.. 2. First Time Home Buvers Program 32 loans for mortgage assistance have been approved since July,1994. 5 Lenders have been added to the participating pool increasing our total to 15 lenders. Due to a substantial increase in lender participation and high demand for mortgage assistance, all prior and current year CDBG monies have been expended for this program. Approximately $50,000 in FY 94-95 HOME funds are anticipated to be made available for this program. 3. Lakeview Neighborhood Improvement Proi,ram. This program has been renamed the Looking Good Neighborhood (LGN) Program to correspond to the expanded areas in which the program will be focused. In addition to the ongoing efforts in the Lakeview area, the Task Force has branched out to Pacific Street in the Baker Street area. Light the night program is underway. Energy is currently focusing on the annual Good Neighbor Festival, scheduled October 8 at the Martin Luther King, Jr. Park from 10:00 a.m. to 4:00 p.m. A committee of representatives from the community, other government agencies and non-profit organizations have been meeting weekly in this �nal month. New addirions to the day include the Farmer's Market, free childhood immunizations, "passing lane" football, and Richie Perez's jazz group. Posters and flyers advertising the event appeazed at the September 23 kick-off event which was held at 10:30 a.m. in front of the Martin Luther King, Jr. recreational facility. 5 4. VISTA Yolunteer ProQra�n The newest VISTA to join our ranks has been placed with the Kern County Food Bank where she is recruiting volunteers, developing a newsletter and planning fundraising events. Other recent developments include the design of an off-site clinic for homeless families living in motels along Union Avenue; the introduction of a new "mentoring/adopt-a-family" program for the Alliance Against Family Violence; and grant application preparation for Living Connections, Inc. City VISTAs continue to work on the Looking Good Neighborhood, Graffiti and Fair Housing programs discussed in more detail elsewhere in this report. 5. Multi familv and Single Rehabilitation Projects Six units at 323 and 327 Lakeview have been completed and six additional units are currently under construction. The total rehab value is approximately $127,800 with the City contriburing about $66,000. Nine units at 328 and 330 Monterey are also under construction for about $98,000 and 8 units at 1304 and 1320 E. California for $100,000. To date approximately 14 single family rehab projects have been completed in various city neighborhoods and six are under construcrion. Sixteen applications for rehab are currently under review. Total funds obligated to date is $317,510. 6. Home Accessibilitv Pragram Approximately 18 home access grants have been approved for persons with home accessibility problems. Approximately 18 additional applications await approval for work to be performed. 7. URM Incentive Program Approximately 10 applications are being processsed for URM assistance. One site is pending demolition. We are awaiting further information from interested applicants. 8. Business Loan Program Cunently about $270,000 for economic development activities has been set aside. A brochure outlining financial assistance to businesses who create jobs for low and moderate income persons has been developed for promoting this program. 9. Fair HousinQ In August the city took over the responsibilities of the Fair Housing Program. Last month the MOU between the City and County was approved along with the revised � Fair Housing advisory committee by-laws. In conjuncrion with the revised bylaws, the City and County ratified members appointed to the Fair Housing Advisory Committee including the addition of representatives from the lending industry and the Superintendent of Schools. The City's Fair Housing Hotline has been averaging approximately 100 + calls per month. We are currently advertising for a part-time temporary fair housing associate to coordinate fair housing activiries. We aniticpate this position will be filled by end of October. In addirion, staff has translated various fair housing brochures into spanish and will be preparing a summary of a fair housing presentation for review and possible use by the Kern County High School District. CONSOLIDATED PLAN 2000 The consolidated planning process was publicly initiated on September 15 with two advertised public meetings (1:30 P.M./6:30 P.M.) at the Convention Center. About 50 persons attended. The purpose of the kick-off ineetings was to provide the public with an overview of the community-based strategic planning process that EDCD staff will be undertaking in preparing the Consolidated Plann 2000. Highlights of the meetings included discussion on 1) the revised federal guidelines for consolidating four HUD formula entitlement programs; 2) citizen participation requirements; 3) community and housing development needs assessment; 4) the 5 year housing and community plan; 5) and the annual funding plan for FY 95-96. The meeting format included a brief HUD video (Building Communities: Together), overhead transparencies, a needs assessment survey, and a draft public involvement plan. There was also a brief discussion on developing a Consolidated Plan 2000 Task Force. EDCD staff anticipates that the following four public meetings will be advertised by mid- October to discuss neighborhood needs, priorities, and strategies: 1) October 25 (Tuesday) - Bessie Owens School; 2) October 27 (Thursday) - Jefferson School; 3) November 1 (Tuesday) - William Penn School; 4) November 3(Thursday) - Greenfield Jr. High School. All meetings will begin at 6:30 P.M. file:qtly@ 10.v17 �� d����Iltlll� 1/,,�j�' ���\i � ��__ ��� _ �,� • \ _-���'1�Nu�u�„� ; � �.� l ��� _��/;`. _;a..�,,,o� .� ,,,,iodni T0: FROM: DATE: SUBJECT: MEMORANDUM Alan Tandy, City Manager Jack Hardisty, Planning September 29, 1994 ire< �� Building Department Conserve[tion Division (City Council Reference 13878) This memorandum is in response to Councilmember Salvaggio's comment regarding the conservation division of the Building Department and issues concerning the handling of code enforcement. Outlined in this memo are short term solutions and our long term goals and objectives for the department. Issues include reorganization, special training, additional resources and modification of existing ordinances. Short Term Solution Currently the conservation division has over 150 complaints pending investigation. An individual case can take as little as two hours or as long as six months to resolve. In some rare cases, it can take up to 2-3 years before court action is taken. The conservation division consists of a supervisor, two inspectors and a newly created conservation technician. Presently one of the inspectors is out on stress leave. To resolve the immediate personnel shortage, two new construction inspectors have been transferred to the conservation section. This was possible due to a slight decrease in new construction activities and the addition of one temporary part-time inspector. This measure is only temporary and could be strained if construction activities pick up. Long Term Goals and Objectives Our long term goals and objectives are as follow: Reclassification/organization/title change, additional inspectors/resources, special training and groups, and modification of existing ordinances. Reclassification/Organization/Title Chanqe Our code enforcement officers and building inspectors have similar duties, although they are quite different. The building inspector reviews plans and projects for compliance with building codes and regulations for new construction. The inspector deals primarily with contractors. The code enforcement officer enforces substandard building codes and property maintenance and zoning regulations while dealing with the general public who in many cases , �� . ; �. . , � are depressed and upset with the existing system and their situation. This can and does lead to volatile emotional situations. Our code enforcement officer and their supervisors are rotated into the conservation section within the Building Division. They take their turn and hope to survive with sound minds and bodies. Some of them don't. Code enforcement officers need to have special skills, training and personalities to do their jobs well. They are like police officers to a limited and focused degree. Those differences should be recognized in their classification scheme. Some cities set the enforcement officer group others rotate as we do. T either system. The most : and qualified to do the specialty group of inspect of code enforcement officE pay (possibly an increase scale). This would allow of work to bid the jobs a taking it on. From my � continuity to the group ar and experience over,time. spread over a longer term from the courts and more s I recommend a special cl up as permanent job assignments while zere are advantages and disadvantages in mportant thing is that they be prepared job. My preference is that they be a ors who take on the permanent assignment rs with appropriate job descriptions and in salary above the building inspector those who are more inclined to that type nd they would be appropriately paid for erspective it would lend stability and d they could better develop their skills The cost of special training would be and I think they would gain more respect elf confidence resulting in less stress. assification for these positions which would be consistent with our long term goals for organizational improvement of the department. Enclosed are proposed drafts of newly developed job specs for the code enforcement officer and the code enforcement technician. Additional Inspector/Resources To adequately address the number of complaints, the conservation section would have to increase staff. As indicated earlier, there are currently two inspectors and one supervisor. We recently did a comparison of conservation divisions of other cities throughout the state. Our ratio of code enforcement officers to population was much lower, the results are as follow: Cl.ty Bakersfield Anaheim Modesto Pleasanton Inspector population Ratio 2 14 4 201,769 290,000' 180,000 65,000 1:100,885 1:20,714 1:45,000 1:65,000 , � � . .� � :. Sacramento San Diego San Jose Stockton 7 68 53 6 332,000 1,184,800 835,000 228,000 1:47,429 1:17,424 1:15,755 1:38,000 With the department currently handling an average of 20 to 30 calls a day and a currently backlog of 150 calls, an increase in staff is warranted. The conservation unit currently has requested a list from Personnel for the newly budgeted technician position that will help the legal/clerical documentation process. This should provide for better utilization of the inspector's time in the field. The department is currently waiting for a certified list from personnel to fill the position. SPECIAL TRAINING & Groups Acting primarily as a police authority, when a building inspector assumes the role of the code enforcement officer, he or she should undergo special training. These areas should include handling emotional situations with the public, self defense, gathering evidence, and courtroom procedures. There are seminars given by professional organizations as well as our police training programs. The Building Division has sufficient funds to cover this cost, and here again I think we should work in concert with Chief Brummer and his staff. Active involvement in code enforcement groups is another essential key in learning and developing new skills. This allows staff to compare organizations and procedures with various cities. CHANGE EXISTING ORDINANCE My staff is in the process of reviewing with the Attorney's office the existing ordinance relating to property maintenance and demolition of substandard buildings. In response to the City Council's interest in expediting compliance with abatement orders, we are going to propose a version with more efficient procedures to process these types of issues. It is requested that you approve my submission of the new job specifications to Personnel for adoption, and request for additional staff for next year's budget and endorse the special training and ordinance streamlining which are within current budget constraints. AT.a , ; , . ,,; : CLASS TITLE: CODE ENFORCEMENT TECHNICIAN BCT: M.12 CLASS SUMMARY: Under general direction, the Code Enforcement Technician is responsible for organizing and processing conservation complaints; researching ownership and lien holder records; and processing demolition and repair orders; processing building permits and reviewing minor construction projects for code compliance and completeness. Provides public with information regarding building codes, property maintenance and related building and zoning ordinances and performs other work as required. REPRESENTATIVE DUTIES: Assists in organizing and processing conservation complaints; research ownership and lien holder records; processes demolition and repair orders; types and tracks correction letters and notices, special inspection letters and other miscellaneous documents; works with the Attorney's office to update and maintain legal documentation; notarizes legal documents; issues permits for all construction work requiring permit including plan review and determination of permit fees; explains and interprets codes and ordinances to contractors, architects, engineers, builders and the general public; files permits, plans and documents; makes photocopies for the public or permanent files; maintain records and prepares reports, may make field inspections to obtain information relative to conservation complaints or permit applications; uses and develops computer and data processing equipment for storage and retrieval of pertinent records. DISTINGUISHING CHARACTERISTICS: This class is responsible for organizing and tracking code enforcement issues. This responsibility includes proper maintenance of legal documentation and strict adherence to departmental policy. Knowled�e of: Uniform Building Code, Uniform Housing Code, Uniform Code for the Abatement of Dangerous Buildings and related municipal building and zoning ordinances; personal computer operation including word processing, database and spreadsheet software. Trainin�and Experience: Graduation from high school. Experience in researching title information, processing legal documentation and personal computers and successful completion of an acceptable course in building codes. Notary public desirable. � u �' „ Ye � . Ability to• Use office equipment including photocopier, microfiche and computer processor, apply technical knowledge and follow proper procedures to respond to conservation issues. Communicate clearly, both verbally and written; maintain cooperative working relationship with contractors, employees, and the general public, to enforce necessary regulations with firmness and tact. Utilize a personal computer for related applications. LICENSE; CERTIFICA�'ES; SPECIAL REQUIREMENTS: Possession of a valid California Class C driver's license, Notary Public (required during probationary period). PHYSICAL CONDITIONS OR SPECIAL WORKING CONDITIONS: Standard office environment and working conditions. Will be req,uired to make on-site ins�ections and investi�ations in field when required. Ph�sical requirements have been established by the Citv for this classification. Said reQUirements are available upon request. �� � � _ ;�ti ., :'a:P , CLASS TITLE: CODE ENFORCEMENT OFFICER CLAS S SU�ARY Under general supervision, performs work of considerable difficulty requiring specialized skills to secure compliance with zoning regulations and the Municipal Building Codes (including the Uniform Housing Code and Uniform Code for the Abatement of Dangerous Buildings). REPRESENTATIVE DIITIES: Provides building inspections as required of a Building Inspector II. Investigates complaints, prepares and processes appropriate corrective orders and acts to gain compliance to zoning and Municipal Code violations. Coordinates with other departments and agencies to assist the public in obtaining solutions to code violations. Works with the City Attorney's office and Municipal Court when legal action is required. Researches ownership and lien holders of subject properties. Provides court testimony. Prepares comprehensive written reports. Sets deadlines, tracks cases, and documents the procedures taken by the City to hold responsible parties accountable to abating code violations. Issues "Notices to Appear" to violators who fail to comply within specified time limits. Prepares documents and tracks procedures set forth in the Bakersfield Municipal Code for the City�s abatement of public nuisances. Conducts business license investigations. DISTINGIIISHING CHARACTERISTICS: Traiaincr and Experience: Graduation from an accredited high school, five years of experience in general building construction or inspection experience in one or more specialized aspects, including at least two years as a Building Inspector I or a Code Enforcement Officer. Knowledae of• Considerable knowledge of laws and ordinances regulating building construction and zoning, considerable knowledge of legal documents and affidavits, police reports, inspection warrants, dangerous building orders, considerable knowledge of legal procedures; right of entry, due process, collection and analyses of evidence, considerable knowledge of equipment and procedures used to research ownership of properties being investigated, considerable knowledge of state and local enactments governing building construction, use and occupancy. .� U � �. %! . �- �^o, _ _ _ AbilitY t0• Ability to perform all duties required of a Building Inspector II, enforce and interpret regulations with fizmness, tact, and impartiality. Ability to establish and maintain effective working relationships with contractors, architects, property owners, other agencies, public calling in complaints and people believed to be in violation of various codes. Ability to properly document conservation cases. Ability to organize, conduct, present information in meetings and public forums. Will be required to successfully complete a course in police procedure training within the probationary period. LICENSE; CERTIFICATES; SPECIAL REQIIIR�NTS: Possession of a valid California Class C. driver�s license. PBYSICAL CONDITIONS OR SPECIAL WORKING CONDITIONS: Will be rectuired to make oa-site iaspectioas aad investiaatioa in field. Phvsical reauirements have been established bv the Citv for this classificatioa. Said reQUirements are available u�on reauest. S0 ' d '1d101 �` �I'� �(r,� '��� r��{ �. � l`�.� �V Jl 1� ' �. t' 1' ..__.. .-- --• ..._.. -- —�. •---� .__. ..—_... ----.... ..._. h v t. N T l' R H� u K 1\' F. p a 1 I M: I P u [ u � 1 � F: . c,� �. 1 F O N v � n v 3 7 I ■ � T i � i 7 S v. u 1 u N 7' H: �. i� r u u R k i i � a ��r !}- 0�� x v a � 1/i �l �:;��� � TO: Ben Auetin Joe Drew Alan Tandy �'rom: Dan Young - Spectrum Group R,E: Stadium Financing Plan Given the sensitivity to the issues surrounding the financing of the Stadium Pxoject T thought it might be helpful io summarize some ideas we have all discussed to lower the financed cost. RighC now the project (financed) cost is $12,000,000. , 1. Off sites -�1.1Q�,000 - it is suggested that discussions continue on developer contributions for fee credits. This would result in a nearly 10% reduction in the financed cost. 2. Project Sizing - attached is a revised cost estimate for a 4,500 seat facility with the obvious assumption that future funding might egpand the facility to meet the market we project. This may save between $800,000 and $1,000,000 of the financed cost. 3. Ticket Re ate - if a$1 rebat,e is agreed to by the team and g�a_ran ed at say $200,Oa0 per year, then the capit�lized cost financed through an assessment district might be lowered by as much as $2,000,000 depending upon interest rates. The trade off for the team might be a"ceiling" on the ticket rebate in egchange for a guarantee that is useful to the financing. 4. �nion Financing - we will explore the potential benefits as a result of our last meeting. This cannot be quantified at this time. Although we are stiil brainstorming ways to reduce the financed cost such �ts tax- exempt versus taxr�ble bonds, the potential does exist to present a financed budget of $$,400,000 instead of $12,000,000 in our final recommendation. Utilizing our assumption of 130,000 EDU's this could reduce the per unit annual assessment by 30% to 40%. Of course this will require validating the assumptions outlined above. t�lt�nitu�.ri i�91iU1M:: - PRE.C���� �xurriUN \I.\NA .FNY.11'1' � 1'IIN\7RUCTIfIV \t.\M1i1'.Mh:M' - F.\i7IJ'I'�' �fnn ��:r.AIY'.ST • RECRL'.vru �n ntulF.�'T%• t.PTBR��'���►�r.rl r aflLll7ET • I� uu Af PNUJR�'1'.� S0'd 8Z:ZZ b66Z-b0-Nflf i-L�fi..� _`_�,'�'`„�st. � �. -�-�-� ;�� I :', ��..' ��� . ;. �I l�� . i, � .; �., �, _,.. ..— ._._ , � ._ ... tl \ 1� \ 1� l^I{ 1! Il N 1\' F' ti 1 1'P F. 1 �I Y I R\' 1\}. . l' .� 1. I I' 11 �t �: I.\ Y! 7 1 K i 7 1{ �;: 1- Y J Y Y '1' !'. 1. f; {' �I 11 \ 1�. 1 i I �� 1: 1.(1 J] II 1� .\ \ MEMOI��,ANDUM DATE: 4ctober 10, 1994 TO: Ben Austin Joe Drew Alan Tandy FROM: Dan Young - Spectrum Group RE: Stadium Project As a result of our most recent meetings this memo outlines a series of activities and responsibilities to keep The 5tadium Project on schedule for an opening in April 1996. CURRENT CONTRACT The current contract with Spectrum Group provides cex�ain products some of which have been cornpleted. Yet to be delivered are: 1. Facility Management Plan 2. Gross Revenue 1 Cost PrUjection 3. Site Plan 4. Site Selection (Partially complete) 5. Final Report Given the latest offers of "donated" property, m,y projected timing for completing the final report is the second week in November. As a result of our last meeting we are t�xgeting Decem}zer 13 and„ 14 for the public presentation of the final Yeport. In the me�ntime, The Board of Supervisors and Cit,y Council wila be presented with a Joint Powers Auihority agxeemer�ti in November. Our connpany is not involved in this task but reminds the �arties by this memo of the task that was agreed upon. As of this writir�g the final report will discuss oniy the following sites: 1. Fairgrounds 2. Nichel 3. S.E. Section - City Site 4. Pan�tma / Old ftiver F'u:��IbI1.lY\' F'Pl���u�x . rkk:.fll�� i�K�u`fi(�K ?I,\d>�:��:n�cnT - C!w�'r�t��<'1'IfIV �L�\AI:Y.FtEVT • K�1: 11 11'\ \I.\K.V:4U141\ 1� AF.CRF'..vr�un MtoJF:�."�� •1'.�l'ERLN��IO'.�'� �n1'ILITIM�• r� ikl.11' 1'Rnl�.� � �� ze•d Lz:zl b66Z-b0-Nflr ,, _�. �. ADDiTIONAL SERVgCES The concern tod�y is not whether a new etadium is feasible or can be an affordable site but rather can we stay on schedule for April, 1996? This is paxticularly concerning given the lead time needed for the Financing Plan. We have been asked ta suggest the services that can be engaged for a masincxum of $50,000 rem.aining in the budget that will keep the process moving, Below is the plan we recommend: 1. Fntitlem�nt - a conditional use permit can be �pplied for on the recommended site. The cast is estimated to be $5,000 assuming planning staff assistance in preparation of the forms (inc�uding negati�ve declarations). 2. oncep�ual esign - a design can be initiated to allow one or more general contractors to estimate the project. The estimated cost of architectural for this �ask is $25,000 to properly define the project and get reliable contractor bids. The goal would be to define the project and in so doing be able to l�ower aur budget. We would use our existing sub-consultant HNTB unless other proposals are xequested. 3. Team Lease Negoti_ ts� - we would prepare a comprehensive negotiating strategy that will guide your side of the neg�tiations with strategies to be discussed and outcomes sought to match oux financial plan. (Cost included in our fee below) �. Finan�in� Plan - we would continue to work with your financial ataff getting ready for the he�ri�ngs (Dec - Feb) on the financing program. (Cost included in our fee below) 5. (,�pntracts with other Users - we can assist in obtaining specific commitments froxn school districts on the stadium use. 6. Our fee - to coordinate all of these tasks and prepare the appropriate reports our fee would be �20,000. NEV� BUDGET S�[TNIIViARY Entitlement $5,000 Conceptual Design 25,000 Overal� Coordination, Team Negotiations, Financing Plan, Other Users 20,000 $50,000 £0'd LZ:Z� b66T-b0-Nflf . = : If these tasks are undertaken in November and December then the schedule of design completion and start of construction by June is possible. In January, with the above tasks completed, The City Council / Board of Supervisors will need to allocate additional funds for design, engineering and processing. Spectrum would prepare a budget for the design of the prvject form January to June start of construction. If the above additional scope of services is t�cceptable pler�se sign below. Thank you. Sincerely, � Dan Young Spectrum Gr p �% - Ben Austin Ch�irman, Kern County Board of Supervisors sz:zi r66t-�0-Nnr _ __ � ;`. _!, ��°`��94 V9ED 16: 32 FAX 805 �25 J9 i 9 RERN CO ADMIN f�7j 001 , . Fax Transmiss9on To: Alan Tandy, City Manager Comparry: Clty of Bakersfield Fax #: 324-1850 From: Joseph E. Drew Date: 9128/94 You should recehle Z page(s) including this o�e. If you do not recehre aQ pages, please ca11805-861-2371 Message: I am out of town th�ough Frlday. 1 had promised John (In your absence) I would get togethar the new booking fee numbers as soon as 1 had them. , There are two reasons for the Increase: a) b) The number of bookings that We planned for in 93•94 was 6,654; however, in �eality you booked almost 1,700 more than that number. The Auditvr has just completed the vaNdation of the costs that contrlbuted to the per capita booking rate. We have just recently received that informatlon irom the Auditor. The bottom Ilne is that the annualized booking charge ta the City of Bakersfield wlll be the figure shown on the attached ($673,456). Scott Jones is prspared to discuss this with you if you declde you would like informatlon regarding this issue this week. We will be preparing a comprehenslve, letter outlining all of the specifics related to the attached as soon as posslble. I will be back In the o�ce on Monday. �m County AdminlstrsUve O?flce �,v _ _. ua��2�%a4 wEll 1K:�2 FAX.805 325 a979. KERN CO ADMIN 1Q002 �� y�r� BOOKING FEES - CITY OF BAKERSFIELD FY 93-94 FY 94-95 � i � NUMBER OF BOOKINGS 5,854 7,497 CHARGE PER BODKING $51.26 $89.83 -roTA� ANNUAL CHARGE $300,076 $673,456 e _ 16/13/1994 09:33 8057213312 CITY OF DELANO , ia: �,:f�8. THt� o�; 15 F:11 8uS 325 5079 �ER:� CO �D�fI\ PAGE 62 COUNTY AOMINISTRATIV� OFFICE MEMORANQUM Jos�pq E. D»w CofMty AorrNNlfntl� pMCtr � FROM: SUBJBCT: Anuro de la Cerd�, City Manage� City ot pe�eno JOSeph E, D Counry Ad inis ive Offrcer AnnexaUon plits DATEs Octobat 12, 1994 Fi�st, I want to expres& my thanks fo� the opportunity to discuss annexatian tax split� this moming. I thought the eiscussion was fruitful tor both of us. As 1 pointed out, and dert�onstrated in !he worksheet I provided you, the County vf Kem already receives an aggregat� 60 percent of alf property tax splits, when the historical tax splits of ell elties are taken into accaunt. ihus, having a proposal from the entire graup of Kem's cities that amounts to a 60/40 aplit will cause some adjustment of property tax �eceipts among the cities 6u� will make very lime dill0�nee to the County of Kern over the /ong term. We are both aware that there are svme variables, depending upon when cities annex, and how much is annexed. Notwithstanding, any notion that a 60/40 split is an improvement in the t�x split for the County of Kem is tlawed. The attaehRd proposal meets the clrcumstances discussed with you this morning. 1 am willing to recommend the 80/20 property tax split; or altemativey, I am willing td recommer►d the 60/40 tax spiit if lhe sales cax sharing of 5�4 ot total ciry sales taxes, increased .05% each year ave� ten years, is included in the agree�ent. 1 took forward to hearing from you as soon as posslb�e rega�ding the direction you desic+e this to go. Thanks aqaln for your hospitality. JED/s ettach cc: Membets, 8o�rct of Supervisors �001 16/13/1994 09:33 8057213312 CITY OF DELANO . 1(;i10/9a- TEii' 08:18 Fti1 805 �25 J879 _ fiER'� CO �� JOSEPH E. DREW couNnr ADMINfSTR�►TivE OFF�CEA MARY WEDDELL Assisu�t Co�n�y AOn�wus�iv� OIfK�� , , , ,,,, . , , �,,�:};::�KERN : �qUP��"f�Y';.. , � .. '��� �� � � . I Y'�.�i � • , '�'� I'i�� ' AD�N�'IN�iSTi�iA1'1�JE,��;f�flEl'�E -�', � " � � , , �r ,. ���' ' , ,.. �, ., .., . . , , ,.. M�. ARuro de la Cetda, City Ma�ager Clty ot D�lana , 101 S t tth Avenue belano, CA 93215 Dear Mr. de i� Cerda: PAGE 0� , � OOZ SC07T JONf.S oine,a o� 6� a F�ti�a wiu.t� C. oou�us Empion�t Re�t�oti OM'¢M Octob�� 12, 1984 Attached es discussed is a drah Memorandum of Understandinq whlch provides for a m�ster_ property tax revenue exchang• �s wetl as for the Counry to 8h�re in sates tax revsnue. � emphasize that this document is a draft--the document has not yet been reviewed by the County's (�qal counesl or ttte Auditor's O}(IC9. Also attached is a copy of the tetter and �QSOlution that th�� County wlll tdke to the Board ot Supervisors for adoption on November 1. The resotutiort F►rovides for the moditica�lon ot the agreed upon properry tax �xchange it the Clty of Delsno and the County enter into a MOU for the eXChange of propsrry taxes, � Piease caH me with pny questionS y0u mey t�ave. Sincerely, C�.•G'++vl--� - `�. Adel C. Kl�in � � County Administratfve O�ice ACWs/dA123 ,.-�-:.-,.._._:_,�..;w4:�,;_� �--� ...._�._ ._.a_.��__., �_,-�....,-.:,> .-e._, ..�._,,�,.._.� ._,._.._.:��.___.____..".,.. -. ._.. __ , _ .. _...__. _ 4 __�.:.L- 1�I13/1994 09:33 8057213312 CITY OF DELANO ' +.+• •�• av ,n� �o: to r�.� ova d.� :sara _ i.t�t� l:U, •�U?il� �',� • _'- ---- JOSEPH E. DR£W COUNTY ADMlNlS7RATIVE OfFtCER MnNY WEODELL A.aat�tl� Coun�v Adtmnsue�ae Ol6err � i�ERN COUNTY aDMiNISTRATIV� OFFiCE Boara ot superviscra Kern County AdmirilltYat�ve Center 1115 'h+.cxtun Avanue Bakers�ielQ, CA 93301 C�RA�T PAGE 64 �J UU3 SCOTT JaNES Dir�c�or ol Brd9�� 6 F�Mn[c Wi1.L;NN C. DOUGL�S E�+pbYre Rru�orr Of►ce� November 1, 1994 DE7ERMiNATION OF PROPER'�Y TAX 1�VENCJE EXCFiANGFi— CTIY OF DEIANO ANNFJCATlON NO. 23 Your Board !s requir�ed by R�venue and Taxatton Code Sectlon 99 to dttttrm�ne the amount of property tax that should be exchas�ged between the County, cltles and speclal dfst�clCts attccted by anne�catlons, raorgar:iaatlona and detaehmenc�s, The•City of Detas�o Anarxatlon Na. 23 has been fl1eQ a�th the Iaeal,A,gency Fvrznaae� Camstitsstox� and �s aesigiied LA�'CO Procceding No. 1163. 1"he area covered by this proposed anr�exsuoz� is showr� On the ettt$ched map. 'I7za ar�a proposed to be ann�xcd consists of appro�matety 1C0 acres cucrcntty zoned for agticulcural usG. 'Phe City has pre-toned the majortty af thts prop�rty. as requlred duxing the elulexatlon pmcess, for ainp,t� and mulU-f�tlily residenUal use. ,A sma21 a�nount of acreage hae beer► zaned for use as general commerclal and for a hustttess park. Attached for yvur Boazd's review ts a copy of the Ptstt for Providing StsvtCes th�t was completed by tivC City artd included sn tbe CAFCO annexaqon �ppl}cadon. The City Managct, on behatf of the Delano City Counc�l and myse.if. oz� behal!' of your Board, have negouated the determinations recommcnded below artd fn the attarl�ed resolutlen. It is understood that thc C1cy Manager w1ll present the sam,e determlxaatlons and a slmilar nsolutlon for adoptlon by the Delaao City Counc�t. !n accordanee vv�th the coneept of the County only transferrtng khat amount which equaus to the cost of the services b�ir�� vansferred, as determined on a County-aid� ba9is, the recommended Qet�rmtnations do not speclfj► aCtual dollar amounts. but provide for 21.2% of the property taxes recelved by the Kern County Gez�eral rland from Lhc att'eeted area to be allocated by the Audltnr- Controllcr to the Clty of Delano, Ir� a,ddtt�on, the dctermiaattons pz�ovided for 100% of the property taxcs collected c►n behalf of ti�e Structural flr� FLnd to be allocated to the C3ty of Del�no. tt ts esrirnated that the axtYOUnt to be transfrrred lrom the Kert� County General fund tn consideratlon of the partlaf transfer of �sponsibiflties to tha C1ty of Delano fnr Ascal year 1995�96 and thereafter fs as follows: 2115 Tn�Yr��n a�P.,�fe SM Flnn• RAKFRSFIFf Il (`o� T�(1RNTA 4'i3111 f1iAS1 Al1.9�t71 .4.r,;. � , . � .. .. . . . . . : .- �- . . .. . . . . .. ... . . ,. . ... . ... - �.. ^zsrs...�c�..�:::�,�e - ��.:�,. . _... .. � .. __ ., r`r:�, - ' . . �.:.�. - . . .. ... .... .. _. . . - . . . . ,. . . . . . . . . . . ' _ . . _ ._.. . . . , 0 10/13/1994 69:33 8057213312 CITY OF DELANO Hoard o;f Suptxv�sors Deterrnit�aClon of Propezts► Tax Exclsu�ge Revenue - City of De3ano Aslne�caUon Np, 23 November t, 1994 Page 2 . :; ; �.. :.: :;w � � ;1 �;(' -:=�s-;._.� .,. ._ a�: `�� • � iicnerml �nd "Hase Atnaur�t" 46 of Annual Tax ]nerement Ffrr F1xnd "BAsa Amoua�Y' 46 of Attnual2ax Increme�t • ~ �� .,, �960.21 3H.7685% $528.03 9.016b9�b -��-_! � , �203.56 8.2246 �b28.03 � g.Qlsgiy�.. PAGE 0� WJ VUa' TI' IS RECOMMENL�ED that y�our Soard a@opt t,t�e att�ched resolu tlon Sndtng that chis et,r,exat�on ww savolve trans%rs of sernce respansibllity snd property t�c �nues, of Delano, Lor.ai_qgeac�, Fottnativn Commisslon, a,nd th� fiudltor�Cbnttplje� nD�$ �� Clty .�/Aex�a��oza � C1ry of Deleno Kecti County Fire pcpartment K�rn Couniy Sherlti`s D�partrnent IAFCO Audltor-Contr�oller Slriccn�y, �� �� 1b�Drew �Co ty Admlrilstrative Of$Cer \ �,�- � _� �:s�_..�.....__.�._ � ......-.. :.�._ __.__.�----- ._.�.�_s�: � �: , .. _�.; ..,. . �.. �---x� . u :,.:�:;._ ..:. v_r : .._.. _ . . .., _. . �, ___ _ . __.. ,.. _. �..s� .._ , . ._ .. -�-,-_ . _ _._, ._ ..»_ ,_ w_.__.. ....a� _ 10/13/1994 09:33 8057213312 ' iu�'i:f� aa 1nt� u�: � � r�.� bu5 s:�5 :Jg78 �._-,– - ^ .—.. — . _._-_- (p the mat7ter of: CITY OF DELANO ic�:x�. ��uutx BEFOFtE TH£ BOAitD OF SUPERVISOftB COLJNIY OF E�RNI, SCA9'E OF CA1.IP'ORNIa EXCHANGE OF PROPEKIY TAX REVENUES UPON LOCAL A(�ENCY JUR15DtCTiONAL CfiANGE: CiTX OF DE1AN0 ANN�X�1'I'ION NO, 23 (LAFCO PROCEE�DING NO. 1163) Resotudon Na. Reference No. ����� PAGE 06 r� uus 1. SiJE nAVIS. Clerk of the Board of Supe�rvieors of the County of Kern. State o� CalifotAla, do hereby certlfy that tY�G folloaing resolutton, prvposcd by SupaM9or secoaded by Supecvtsor , wes duly passed atid adopted by sald Board of Super�nsore at an offlcial �meettn� hereof tbfs deq of , 19 , by the followin� vote, to wlt w�s: NOfiS: AHSENT: StJ� DAVf3. Ctexlc otehe Board of Supc�vf�o�s Oou�b► of RaYf. Sfate o[ CillFornfa HY Deputy C1erk RESOiUT�ON Scction 1, WHEREAS: ia) Pursuant W Re,weriue and Taxation Code Sectton 99, the Kern Couary LocalAgency Formador� Commission has subnnitted its Nodce of fl3.trig olIAFCO Proceeding No. 2163 a�nd the Ktrn County Auditor-Convollct, by letter dated Jun,e l3, �994, wtllch is made p3t't Qf tl]13 resolution, ha� notffied the gnvcrn�ng bodtes of the local aqencie9 involved in the area of the proposed a,nnexatton that they �bould negoua#c and dcte►-mine property ta�c rtvenues whlch shoulQ be exchangcd between and annong suctt agenctes by reaso� of 9ueh annexatlon; and (b) 'I't�,e aforesafd Seetion 99 provid�s thAt 3n the event a jurtadtccfona! change would atfect the serviee area or 9crv�c� responsibil►ty of one or more special dlstricts, the board of sup�rvjsors af the county or counties ta which the dtstricts ax� located shall negotlata �y acchange of p�perty tax revenues on theu behAlf; a�nd (c) The County Admintsssatsve Of�cer, on behalf of the Kern County Bo�sd of Supesvlsors, and thc Ci� Marleiger, oz> hehatf of thc City Councll o� the Clty of Delario, haYe �enferced regardfng the aforesafd Noucc of Filing and Kem County Auditor-Conaoiler's letcer and have recommended to thelr resprottve governing bodtes tht detttmit�adot�s sei forth !n thls rrsolu uon. I". ... � . - --. - -.- _ _ _ - . _.. . _. . _.-, 1 _ 10/13/1994 09:33 8057213312 CITY OF DELANO PAGE 07, , —J �vA a�. ati in�Yvo. io r�a��u� �:o �ara' ^. hGlS� CU .�U!11\ _ � (pjUUt3 Secuon 2. NOw, 'IHEREFORE. HE iT RESOLVED �.s foUows: 1. Detcz�rninatlon fs made hcreby thgt there wtll be no transfers of aervfce. responstbilltlea ta the Ciry of Delano from local egenctes cunrentfy deriv�ng gcneral property tax revenues irom the area of the proposed Gty of Delano Annexatton ivo. 23 by rea6on of such ans�cxatlon, rxrept as folloa+s: County of Kern Qeneral �nd - Partial Counry of Kan Ftre F1�nd - Full 2. Pursuant to the abwe determined t�ranefnr of sexv;lee tesponsibWties, further determinatlon 1s rnade hereby pursuant to Re�►enu� and Taxatton Code Seekloa 89 that property tax rev�eauea whlch may accrue a►�thttt the tsx rate areas comgdstng the proposed City of Delar►o �►nnexation No. 23 for flscal year 1993-9f�' and theresiier should be trsnsferred to ehe Ctty of D�lano a� folloas: - From the County of Kern General �z�d, that portion c�etermtned by multlptying the property tax revenues rrcelved by the County of Kern General Fbad irom the are� of the proposed annexation m as�l year 1s95-96 by 21.2 per�cent. k�am the County of Ker� 3tructural F�re �d, that pnrc�o� detcrmineci by multiptyfr�g ihc property tax revenues rccetved by the County of Kern Structvrai Flte fl.nd fivm the area of thc proposed annexauoz� �n flacal year 1995-96 by 1009ro. 3. Provided the Clty Council of the C1ty of Delano adopu a resolutton coneurriag !n the deterrninanons macie h�reby, and prov�ded further that the Kern Counry t.,o�al Agency FOTtnatlOh ComTilis51oi1 2p�t'OV'�9 LY�C ptbpOSed annexatlort, the Kem County AudttAr-Con�oller is requested to effect the above detezmintd Urax�sfCT of p1'operty tsuc revenues, 4. If a mast�r property tax exchar�;e agreement betweer� the Counry �nd the C�ty of Delario fs ex�cuLed w►�thtn 90 days of the approval of thls anr�cxauon by thc Kem Local Agency Fotmattoz� Cos�miss�on: the abov� d�ternUned transfer of properry tax revrnuE� shall be modifled to be consisccnt arith the property tax excha�tge grovf sions of said agr�tm�nt. 5. The Clerk Of #he Hoard of 3upervlsora ts directed to inform the City COUriCII Of the Gty of Ddana, the managers of Che s��Ci2�1 dlstrlcts and county servfcc areas named heretn, the Kern County Local Agency Formatton Co�mtssion, azid the Kern County Auditor-Convoller of the determtnarions set forth hereln by trattAmitLal to them of c�xrttfled cflp�es of this resolutlon. ..__.�_..._.._ ._�r�. .. -...-- -- . �;�:.. _, . ,.. ...._ .�.._� �ti,��_ ..�..__-.�_. ___,.----� �.�. —� ---.�.=.� _, � M.-___. _._. .._ � .. ... ........ y .,.. . . . __. _._�....: ��-� �_ _ .,�. �...__v_. 10/13/1994 09:33 8057213312 CITY OF DELANO PAGE 08 • ia�13�83- THU OS:aR F�� so5 s_S 39t9 - hERN CG �U?II� _,_ (� UU7 ����� MEMORANDUM OF UNdERSTANDL�tG BEIyVEEN THE COLJN'IY OF' i�RN AND THE Ck'n' OP' DELANO 'IiiIS MEMORA�TDUM aF UNbERS'TANDING (hereinafter "MOU") !s �,ade s�d executed t2�s !_,,,, da�y oi , 1994 lthe "effecttve date") by and between the COUMY OF KERN, a political subdivlslon of the State of Calttot�nJa (herelnaR.er "COiJNYY"), and the Ci'IY OF DELANO� a municipal corporation of the State of Callfarnia (herefriaRer "CI'!�".1 W I�j����ETH• WHEREAS. CpUt�P'IY and C1TY wish to work cDgecher to develop a fsir and equitable approach to tax sharing az�d the encouragement of sound urban dev�loQment and eeonomic �^owth: and . W�iERF..AS, 1n order to encourage t�iety econemtc devclopment and e�vfronmentally eound land usc plaruzt.ng, it ts tmposta.nt that any ca�c sk�a�x�g arrangements between COUNTY arad ei'T'Y be determfr►�d �n advance and that any detrimental flseat impaet of such arTangerriencs be reduced as far as practic�►ble: iu�d WHEREAS, COLJIV'IY and CTIY recogntze the importance of the servlces provfded by COUNZY and CrIY and are prepared t� coo��rate, as provi.ded it� thfs MOU in an eifort to addre99 COUN'IY's and CTIY's flscat problems sn providiz�g $uch servlces: and WHEREAS, close cooperation betv►•een COUN7Y and CIZY is necessary to malntatn and unprove the quallry of llfe throughout Hem County, tricluding the City of Delarao, and to deUver needed and desirabie servfces in the cttost tlmely a�Q co9t-CfilClent mal�tter tc� a1t CTIY Euid courm �9�a�n�; �d WHEREAS, COUN"tY tr�ogzs�rs the neui for orderly growkh within and ad}acent to CITY and for suDporttng approprlate anr�exattons by C1TY and promoting the concentratloa of urban dcvelopment u�tiii:t CI'TY; ar�.d Page i of 16 9cafT Rcvtrw: Draf� tr i Octobtr 12, 1994 _-,,-� . _ . . _ _ _ , _ __._w... _ . . ,. , . , , . . w . _ . . _ . _ _ . _ I 16/13/1994 09:33 8057213312 CITY OF DELANO PAGE 0° � lU; iJ� 9a_ THL� U$:19 F:�1 bu5 J�5 39i8 _+ i(ER� C'l� �U�II�. ,_„ �pqg WH�RLP►S, CIIY recogmizes that devel�pment w1.t3xtn CITY lcmits may alsn have the effect of eoncenuating rev�nue-generattn� acttvft3e9 wfthin Ci1'Y rathcr thacx f.zx unlncorporabed areas; ar�d WH�REAS, annexatlan whlch resuits �tl the development of urban uses 1n resQanse to necd �s approprtate; nonconriguous urban developtnerrt of such ux9 in unincozporated areas wit,hln CRY's sph�te of i�tluczxce !s not order]y and may z+csult in service inefiici�netes and uruiecossaty expense to COUNIY ar�d CITY: atnd vVHEREAS, well plaaned and flscal�Y sound devetopment ca�n be a valuablo tool in the physlcal and eeonomie dtvelopsncttt of CtIY atid COLINTY. NOW. THfiREk'Oi2E. COUN'IY and CfIY htreby agjee a9 follnws. AFrTICLE t Uriless the particular provfsion or cantext othecwlse requites. the Qetinitioan6 conta�ned tn this Article and 1n appllcable statutes, codes and regulattons shall QWertl tlie con,sttuctlon, meaning, and application of words used in thls MOU. 1,1 "Base property tax re�v�enue" means property tax rcven.ue atlocated by tax rate equivalents to ali ta�dng jurisdicttons as tn the geographle area comprlsing s�1vCn LeX Tate �te� a.nn�xed tr� th� flscal year immediatety greceding the tax year �n whfch propercy tax revenues are apportioned_. pursuant to this� MOU, irteluding the amount of Statt reimbursement !or the homeown�rs' exemption. 1.2 "Property tax ineremmt" means rev�aut from the axuival tax fncrement� as "annual cax sruremcnc" ts deflned tt� Sectlots 98 of th� Fieveritig a]id Z°�XatlOA Codt. attrlDucabtt m the rax rate area for the respective f�9ca1 year. Pa�e 2 oI 16 Stait' Revlew: Oraft It 1 Ottober 12, 1994 .. _ _... __. . .._ _ . ... �.._�,. _ _ . _ _ . ��.::. � v�d����.-���r�.��"..�:.�:�_-��_ . ._ ., .,,., ._ : _ , _ . . _. , ,�.�.. . _ _ . - _,_� _... �; ,. �_. __ ___ , 1P./13/1994 09:33 8057213312 CITY OF DELANO PAGE 10 , lu; 15/94 THCT 05_18 F�1 8Q.5 J25 J979 _ iiER� CU 3DM�,_ �OqA 1.3 "Property tax revenue" means base property tax revenue, plus tttc property tax increment for a gsveri xax rate area in a glven 9scstl y�aur. 1.4 'Tax apportlonrr�en�t ratio" means the sax apportionment ratto of the part�es for a glven IIscal year and 6he11 be �scertairted by divlding the arnount determtned !or each party pursuant to Re+►erxue and Tt�xavon Code Secttor� 96(aj er 97(a), whichever fs a�plicsblc, by thai party's gross assegsed value, and by thea dlvtdUtg the surn of the resulttng tax rate eq,utvalei+ts of bnth partfes inco raeh party's tax rate equlva��nc tn produce the t��c apporttotunent ratio. 1.5 '"I'ax rate equivaleni" meaas the factor derived foz a�urisd�ctfoXi by divldln� the property ts�c rrvenue allor.ated to that,�urlsd��don for thc prtot flscal year computed pwc�suant to Sectlon 9? nf the iteve�ue and '3�x�tlon Code by the gxoss assessed value of the �ur�sdtctton for thc prior Asca1 year. ].6 "Gross asse�sed valtte° shall have the meaning ascrlbcd by Statc statute or adminfsuauve law pertalning to ttse admw�aatlon of �ro�eriy �x assessment 1.'7 "Day" or °days' mea�ns caleadar flays unless ap�eifled otherwisc. 1.8 "Substa�nttai development" or "substantially developed" means real propertywhlch, pnar t� annexatton, has an improvern�nt value to land value ratio equat to or greater than 1.25:1. as dettrmined by the Ker� County Assessor's records as of thc property tax llcn date tn the Sscal year in whlch the annexatioxt bccozt�es eftecttve under the Cortese-Knox Local Dov��en,t ReorganlTation Act. 1.9 "Substantlal sales tax rev�nue" shall bt dcflne@ as sales tax revenue dedved from taxablc saies fn the arra atu�exed equal tv at least; a, If only tnfonnation for lc�� than ont flscal year exlst9, then $ IOO,OOQ lr�, taxablc salc9 fn the most recent quar=cr for whaeh such tnfornsa�on from the Srate Board of Equalt�atlon 1s svallable tn w-rtritig or dectronic or magnetic �nnedfa, 9trYd pro�eCted to � full four querters, at least �400,400 1ri tgxable sales. Page 3 of t 6 �tati' Revlea:: Dra�.f� � 1 OCbober 12. 1994 10/13/1994 09:33 8057213312 CITY OF DELANO PAGE 11� , 1,U%„lJ�=�� llll UO.�U I'1_1 JVJ JL'J Jyltl - (�Gn,\ LV !fU!11,\ __ �(,�V1V b. �f informatlon for one ar more years exSsts, then 8400.000 !n t,�cabte sales !r� the mo9t reccnt ycar for whlch such informat3an from the 3tate Baaxd of Fquali�at�on le �wailable tn writlt�g or elecirontc or magnct[c medta. ARTICLE I� : .i. . . r • . :f 1� 2.1 My aru�exations u�Qertaken by CI'IX foIIowQng the date of the oceeution of this MOU �haU be conststent wtth both the terms oE thls MOU and prov�ston9 as set forth �n Fxhlblt °1",. attached hereto and tncorporated by reterence hereir� as u set forth fully at this pofnt. This MOU shall not app�y xo �zu�,��ttlortq prnposed by CiTY which are not in compllance with its terms or which fail to meet the provlsiorss 1Ssted tn Exhibit 1 and for such a prap�sed annexaUon no property tax exchange agreamenG as required by Aevenue and Taxarian Code SeM1on 99, sh�tll e�dst 2.2 in ord�r to e�courage the onderly processing of proposed aru�exattons, C]'IY ehall, at least thirty days prlor ta tlils�g �►rry a�exattnn proposal w#th the Kerm County t_vcal Agex�cy Formauon Commissian (her�inaft�r "LAFCO"), notify COLRVT'Yoflts sntcntlen to flie such proposal and the date upon which Ct1Y expects such proposal to be itled, Upon COUNTY's request, Cl'IY agrccs to meet w�th COLSKP! to nvfew whether the proposed annexation complles vvfth this MOU. Within thirty daqs after Lhe date COUNTY recefves nottce by CITY ef tte annexoUon proposal, COUNIY shall nottfy C1'I'Y ln writtng ii it has determined that the proposed anaexanpn is � inconststent with this MOU, The notice shall describe iri na9onable detatt tht e►ikged - inconslstency(ies). if CoLJMY fatls to.�lve such notfc�.withiri the thirty day period, the anr�exauon shatt be conclusivcly d��med consistcnt wlth ali pmvfsions of thi9 MOU. Upon recetpt of such notlilcatton, CITY may cithar raodify the proposai to remov� thc inconsistencles speci$ed by COUN'IY or adopt a ttsotuttor� findln� that the prepesed a:u�ex�tion is, ir� Cl'IY's determinatlon, Page 4 of 16 Stsfi Revtew: Draft N I October 12, 1994 -..._ .. _ - . _ .,.�—�,a�:uu—riCtrL __ '.....-_... .. . ... . .�.. .s,�—�arRF3icEC��. ,,,��r``�"t'a-;��_..� _.__... _- — u.: rw n.'`w« ' � e:. . �::..v.. � F - �-:m.,._. ..' a�.., . ,. � . -.: ' . _ . .. _ . . _ . - . ... - - . .� . �. . . .. � .�.- ...�. . � � . . . ..� . �. .-..r . :�.•'.++.�.•� v. -...... . . � �.- ..aJ.: 10/13/1994 09:33 8057213312 COnsistet�t wlth this MOU. CITY OF DELANO PAGE 12 Z.3 If Cl'1Y adopts a resolution making the Sndfngs descrtbed in Section 2.2, then COtJN'tY may challenge sueh ilndin�s by appropr�ate coutt act�on provfd,ed eueh aetlon 1s flled within �l�irty day� oi recelpt of wxitten norice of the adoption of Ctli�'s resoluuon. COIJN7Y and Cl'IY shall cooperate and take all �teps reason2tbly necessary so Lhat the eourt act�on !s eoncludcd as quickly as possible. The court shall independer�,tly zeviprov the evldetfoe stsad deter�lline, based upoa a prepvnderancc of the evldence, whether the proposed annrxatton !s cons�st�nt wtti� this MOU as to iho9e particular� �pec3fled by COUN'I'1' !n the notice oE ii'�conetstency �ven und6r Sectien 2.2. As iun altemattve to a,}udlcial chall�ngt by COUtv1Y, CO[TNIY and Cl'TY may, within thc afaresald th�rty day perfod, mutuo►l1y agree 1n writing to arbltrate the�r dispute through proeeedings conducced fn aceordanee With the rules estabits�,�d by the American Arbttcation Association. Notwithsta»d�ng a,ny other prvvlsion of thts MOU. either party may nfuse tc> agree ta arbluation for any reason, Upon a�reeing to arbitrate, the pardes wW prxeed avtth arbttradon wfthtn thirty days after the ag�reement, and shall cooperate and take all stepa reasonably eecessary so that t2ie arbttratlon �mceedtngs are co�►cludeQ a� qufckly aa possible. The arbitrator(s) heilt'vC�(� thc matter shall lndepende�tly tcvfew the e�id�l7�]CC. Wh�th�t thC prupoeed atuiexatlon is constste�twith this MOU, as t,o those putiealmzs speciAed by COUNIY ln the notice of incarzai9tency gtven undcr Sectlon 2.2. Costs and reasonable attomeys' fecs incurred by ttac prcva.iUng party, either !n eourt proceedtngs or arhitradon, in amounts detarmined by the court or arbltracer(s) shall b� paid by the non-pr4wailing Party. The parqts a�ree that CTIY shall naf �roceed to LAF�CO wlth the proposed annexxtion prioz to exptn�t�on of the thtzty day penod 1r� whlch COUN'iY may flle it� couR actto� or agt�e to arbittate or, if COLJN'IY oompues w1th the thirty day pes'►od, unLi! the dtspute f s tlnally resolvcd by efther eourt or arbitratton, proceedir�gs. Page 5 of 16 St�ff Review; DrsR �F � Octpber 12. 1994 - . _ _.,_ :.�, . ..._ . 10/13/1994 09:33 8057213312 CITY OF DELANO lU/13i93 TFIt� U8:21 F�11 805 3?5 38i9 Ii�R4 CU .,UJlI� PAGE 13,. , �v1: Notwtthstandin� r.t�e ;foregotng, C�IY may prnceed t� LAP'CO ustda thta MOU if court or arbitratio� proceedings are not completed wittiin th�rry de�ys after the tlltng thueof prevlded. however, that 1�'CO in ire re6olunan of approval. at the request of the CIIY, eon�itiona the compteaon of the annexatton upon the �ceeut�ve Officers p�or receipt of a certifled copy vf thc document evldencing the ilnallty of thc afonesaid court az� arbitre�uQn proceedfz�s detern�xung Ehat the pi�oposed annexatien !s coneistent with thts M�U, or altematively, r�ceipt of a written sttpularion by Cl'IY an� COUN'IY agreefng that a master ptoperLy taX agreem�t sCll1 tldsts permltC,ng thc complebon of such proposed annexation. If I.�k�O declines to tnclude the aforesatd eoadlnon tn its apprnval, or CQ'Y fails co t�xzieiy z�equest �uch Cot�ditloz�. �o prOptrty tax exchange agrecment as required by Secclon 99 of the Revenue and TRxadon Code shall c�t b�twe�n CiTY and COUi�TIY as to that proposed annexation. lf CITY nevertheless atumpts to p�ceed arsth the anneaca�tion, then thls MOU may be rerttltziattd lsi. its entirety by COLTNIY. AitTTCLE lII . .:► • ':�' :�� . ::y/ A� : u.� /►� ' �r � ► ' ' � . .�i .i.=v�\ . ►�� : � i � • ► • � 3. I ?he property tsuc revenues collectea �n reiadon to anr:e�cations co�ered by tis� terme of chts MOU shall be apportioncd between CT1Y and COLTNTY as set forth 1a Sectton9 3.2 and 3.3 - be3ow. '!'he patties acknowledgc rhat, pursuaryt to Sectlon 54902. 54902.1 and 64903 of Lhe Government Code �rtQ Secuvns 97 and 99 nf the Revenue and Taxatton Code, the diattibution of such property Lsuc revenues w�ll aot br cffective untsl the revenues arG collecud !a the tiscaT ycar following tht cslendar yPgr in ar]tich the statement of boun�ary Chat3ges a�nd ttfe map or plat is i11cd with the County,Assessor and the 5tate SoArti of Equsli�ation. 3.2 In rega,rds ro the anncxatinr► pf reai property whtch is not considesed substau�ttlaily Page 6 of i6 Stalf Revlcw: Drsit � 1 October 12, 1994 -_�-�-, :� � : .�.�_ _,� _ - :.�.: �,_ .. �.. _ � _ ._ . . _ _._._ _ __ _ _ � � . _ _. -, _ _ _� .__ __ _ - _ _ 10/13/1994 09:33 8057213312 CITY OF DELANO PAGE 14 � av•1'.r•a+ ♦n� vo__c• ra.� ��=d.oc�oa���� _�ncr:� �,�� �u,ii.� i((JV1J developed at the C,me of annexatton, COUNiY nrill retafn all of its base property tax c+cvenue upen annqta�tton. The amnunt of the property tax lncrement allocated to s�ecial distrtct� who9e aervtcea ar� Assumed by CRY shall be combinod wstla . thc properiy tax inerement e�llocated to COUN'IY, the sum oi whfch shall be sllocated bctcvicen Cl'IY �nd COUNN pursuant to the folloarsng rauo: COUNTY: 6096 CPIY: 4096 . , -,..,, _ ; .. �. ,.. , 3.3 ta regards to the anr�rxation of real pmpercy wk�ch ia con9fder�d substantlally drv�loped at the ttme of annexatlon, property tax revenue wlll be reallocatad as fel�ows: A detaeh�ng or dt9solvtn� spec�al d�stciet's pmperty ta�c revenue shall be eombined with COLTN'IY's amd the sum sh,al! be allocated betweez� CiIY and COLJI�TIY pursuant to the ratla 9ct farth !n s�ection 3.2, AF�I'ICLE N D ,il]PMENi' WiC'i�ilLlj ANi� 1�.TA(` .NT' T(l [:TiY'.r`i SPHF'i?F' QF �]�T .Nf`17 4.1 COVNI"Y shall not approve a�y dtscretfonary developmertt petmiW for nea► urban dev�lopmeat or modt8cattons to discretioqaty urbam dcvelopment pexrmits wtchin the Cl'IY's sphere af influcnce unless that development has flrst been refe.�red to CiIY for consideration oi possibte annexauon. If Cl'IY does r►ot, within sixty da,y�, or wlthin 105 days if CiTi' applles the California, Envtronm�cntsl guattty ,Act, of recefpt of noriflcatton from COVNtY, adopt a resolutlon of apptl�atloz� to lt�ittate annrxatson proce�d�ngs before E.Ai��CO, COi3MY may process appLCettlons for development pet�mtts for that new urban de.v�clopment, consister�t wlth the most recently adopted CTIY generAl pian an�d. Consistent with COUNiY's general plari pollcies. 4.2 CTIY acknovvledges the COUIV'1Y �may adopt feas which COUI�RY deema nece��tury Paga 7 ot 16 - Sts�i' Ravitw; DrpR �F 1 October 12, 1994 �:r- ... . �-_- , .. _ ._ . _. -, ..w _ ,.,. __ . . _ . _. _ . . . _ . .. , n. _ . r. s-- . .. - � 16/13/1994 09:42 8657213312 CITY OF DELANO PAGE 01. . lU� 13: 9� THL' U8: �- FA1 8U5 325 �4179 �. KER� CO aD�iI� _._, .^, �uia �� — �. � p�vtde captrsl facllltl�s and s�rvlccs to new devdopffient tn CO[1NTY lncludtng COUN'IY facl2i�►es necessars' tu ser`'e new dec�elopmenc in CTIY. Upon request by COLTNTY: CfIY shall rcquire that an appl��ant far any land use et�tltlement or perrnit wlthin C1TY shaU pay all fees of _ � COUNTY applicable to the entttlement or p�rzn�c on behalt of COLJN'IY. f cTI'),► shall elther tlmely impose and collect 9uch fces or tGqutre ti�e applicaat to present a voucher i�eued by COVNIY evidencing the payment of the fees direcdy tn COUN'IY. Such capits�l tacllltt�s fees which_may be adopted by CO[JN'IY ar� to raltigate the impaet Of da►dopment on required COUN'IY factlltle.9 a�d seivices inCtudil'tg, but not lftr�ited W, the ertmlr�stl Justtce system, he2�lth, soGal servlces, parks and library. COUt�TIY may impose neav fees and amend eldating fccs from ttme to tlme l�n 1ts aole dlscrxtlaz�. COUN'IY shall gtve CTIY at least th�rty days notice before implCs�nenttng eny new feee or azt ameridmesit to existing feea. Notwith�tanding ax�y atiaer pravlsion of t2v� MOU, COUNTY shall be soleiy responslble tor detez�mining rhe amount of the fee9 amd se�g ttiem tn accordance w�th taw. '�'t�s 5eetion shall not be conetrued �s a represent�.tion by CtTY se ta the propriety of the fees er che procedures used in s�tting them. �?he C4UNTY shall hold harmless, inde�utify suid, et CII'Y's r�quest ddend the Cl'IY and tcs ofiicers and employeee for any ciaim and any and g1I lfabtltty arising from or related to COUN'IY's �'ees. Not2itng heretn shalE prohlbit the CTSX frorrs chargtng an applleat�,t ar� add�riona2 reasonable administrative fee for the coIIection of CDUNTY'9 fees. 4.3 'Ibe provtsioas set forth in this Arttcle shall not apply t,o devetopm�nt appllcations pending as of the eE%ctive date of ihls MOU as set forth it7 F.achiblts "2" and "3" oi thls MOU. AFCIICLE V �' u � : Y�♦ � .�. _ .� :�fl. •. �lM�► 5.1 Pursuant to the Bradley Hurns Uniform Local Sales a�nd Use Tex [aw, ParC 1.5, Pagc B of 16 ' Staff Revlew: Draft �! 1 � Octoher 12, 1994 10/13/1994 09:42 8057213312 CITY OF DELANO PAGE 02 lOr1��94 Tfit� 0$:2".. F3.1 SU5 3�5 JAiA � hi:Rti �U ;�j2;�jZ� QiU15 btvsslan 2, of the Revenut and Taxation Gade (commenctz�,g with Sectlort '72Q0), CiTY is, aoncurnnt wfth the cxecudon of thts MOU, amending tts lacal sales and usc tax ardin�ce. Thas amendment ahall be timely fornrarded to thc State Baard of fiqualiratlon so that lt w!ll become eperattv�e a� of the �lrst.iu�y 1 fotlowing thc CI1Y reachsn� the threshoad set ferch in subaectlon 5.2.1. u�d 5.2.2. Thls o►tnendment shall c»able COUN'IY, pursuazit to tts sales and use tax ordfnance, to co�lect a poztiori of the sa3es and u9e 'ta�c nvenues genetated wit2tin the lncorporated areas of CYlY kx aeeordancr with tixe appUeable rate set forth on Fxhibtt "4",,,aRached,hereW and lncorporated by referenc� as if set forth ful2y at thls pofnt. CITYs ordinsnee shall, at all tlmes durtts� the term of th,t9 MOU, provide, as A Credit against the pay�en� of t�txes due tn CtIY undtr such ordinance, an amount equal to the sales and us� t.azc then due to COUN'IY uader this MQU. 5.2 Except as othe�vi�c provid�d herein, CiIY ll.trther agr�s tbat the amendment adopted pursuant to Sectlon 5.1 abovG shall llkewfse provide fox the periodlc reallocation of additional salea cax revenues generated wfthin the iacorporaied areas of CIIY in accorr�ance with the �ehedule sec forth, en �xhibtt "4". Each subsequent lncrrmrntal rcallocation shall be ef%etive at the cammencemcnt of the flscal yestr ind4catcd. 'i'hese perladtc adjustment9 shall enable C�UNTY, pur9uant to fts sales and use tax ordlr�as�ce, to collect that �ortion of the sales and us� tax �evenues generated wtthtri the lncorporatcd areas of Cl'�X equal to tbc appltCable pereenta�ge as specifled tn F.xhlblt "4". 'Ihese periodic adjustments shall automattcxlly go fnto effect prov�ded thac: 5,2.1 CtIY rccelves sales tax rtvenues per capata, in an amount gre►ate� ths� t1Pty percent of thc sales tax revenue per capitg collectEd by all gern County c�t�e� whtn taken as a goup dut�tg #he mo9t recent flscal year �'or whtch State Board of Equalizatlon informatfon is avatiable, then C1'IY hereby agrees to rcallocate sales tax revenues with COUN'IY begiz�r�r�� f,n 11sca] ycar 199� 9� in accord�ncc wlth th� provtstons of thla Article; and Pa�ge y of 16 Staff Rev�ew: Draft # 1 October 12, 1994 ;,�, _-._ . . ,..�___..d .,. _ �,.... .e._. ,-:,-.�...,��.-�:. - -..� .. .. ... .. ... ..:_ , ......__ _.,� .� . 10/13/1994 09:42 8057213312 CITY OF DELANO PAGE 03 . 10/13/9.4 TH(' 08:29 FAS 805 J?5 5979 RER:� CO �,Q�� 5.2.2 CiTYa aru�ua2 salr.s tax revenue growth for the most recent Sscai year for which eales tax revenue snfornn�tlon is avadlable fr�m the Stau Bosrd of Equalization allows CRY to reallocau sales tax revenue st th� perccntage desi�nated tn Exhtbft "4" and sttll have a �nct fs�crease �n remaiatng sales tax rev�nue when rnmpared wlth ths 8sca1 year immec�ately precediztg the fl9c�1 yea�r described above. 'I7�e periodic phase ln of sales tax realloc�ttor� desc�lbed hes�efn ;�hadl ��: rieiayed imm year-fo-year if CtZX fa11.� b�1�,w the sa��� taac r��oca�lon threshold a� idend4ed tn Secttoa 5.2. ln those years tn ahteh CPIY does not meet the sales tax rcallocatio� threshold, CTIY'a shattcag proportlan shall continue at thc aame s'�ttt as in the ��t y�ear !n which CT,tTY m�t ot acca:ded the thr�eshold. When in a subeequent year Cii'Y a�atn meet9 or exceede the thttahOld, the eharing proportion of CRY 9hall be at the next hlgher aharing pcaportlon show� an F.�chiblt "4", and the annual phase-!n shall. conttnuc therefrom, 5.3 T}xe aalte tax or�dinance amendments adopted by CTIY purt4uant ta the Rrtitl� �e intended to reduce Ct'IY's sales tax rate from its then-existyng level to a level which thereby cnable coUN7Y, pnrsuant tn �t� �ales tax oz+dtnance, to continue colleeting those amounts set forth !n the pr�vfous provtstons o£ thc Artiele as well a9 Rhc appllcable percentages set forth on bchibit "4". tn additton, each�perlodlc adjustmexit fs lntended by the parties to et12►blt COIiNfY ta oollcct an amount equtvalent to the appltcable percentage speeified ln �claibit "4". 5.4 Whenevcr C[TY pt�o�oses an annpc'�tiom of u�incorpo�re�ted territoiy whtch gener2ttes subseax►t1a1 sales tax revenue be�ag eollected by COVNIY, CI'IY agrres tn further amend Its 1oea1 sales. and use tax ordinacace as set forth ir� thls Sectlon. Notwithstandt�g the lattguagt of subsecdons 5.2.1 ar�d 5.2.2, thle �dditlonal ametidment shall b�come operative no lAter than the eommeneement ot the next ca]�ndar quarter ialloovtng the dste upon whlch sueh annexa�oa ts c�rtliird as complec� by. the Execuuv� OlIlcer of LAFCO. Th1s additlonal amendme�t sh�.11 Pege 10 of 16 Staff Revlew: Di'aft M 1 Ocbober 12. 1994 Qj O 1 t� , _ . _... _ ._ _ . . _ __._ _ �.._ ._ __.� _ .. ... ...._........w . �. _ .___ ._ . _._ . _ 1-'�s°.�"_.'�.�.',�. _ . _� :�.�...a-. _, ._�.r.._.�_._:.._,.__. __..��,:. __•^r�r: ��,...._.....�...__._�.?x?�s'+%��::..�..qa��•-��-_�.."^-'r=.......«.-��-�---�ii.�.w:.:.:.�'". 10/13/1994 09:42 8057213312 CITY OF DELANO , c--�•v� 1�4 U8:2J FA� 805 $25 J979 ' ��-- ' �� � � -- � —�. �, KfiRN . - CU :tt�ytI\ _.. PAGE 04 ��1 decrease CTI'Y''s sales ta�c rate by a p�rcent�ge that wou�d yteld arn amount equal to sales taac r�wenue belr�g couected b Cp Ule substaAtial Y L1N'IY tn the area rv be ar�,ncced thus er�b� COUNTY � lriehase Jts sales tax rdte by a con�s ondtn P g Perccnrage. whlah slaall coqtlnye to �ccxve co UMY ths+oughout nc� tcrn� of this MoU. Any such addstional ame�dmcn�ts made b -. CDUNTY pursuant to thls secuon shall be cumula Y C�' asid ttve arad llkewise prescn►e fnffict all prrvfotts and contempotan�US p�ry��c gd�ust�ztent� unptement,er� pursuan,t to thts MOU. C� �eea tt�at ic sha31 x�c�t sput �; �eParate ares fntn smailer anncxzt� ot, or hav�r►g th� effect of, Crcatin °n fOr �� P�'poae g��nexarion or aisn,r.x��o�� �,}�ch. �dividuaily, do not gcnerate aubstantlal sates tax r�,e�ue , but would gtnerate such rcy�nue �comblt�ed, Forpurpd9es oftht sArttele, the "substas�tt�! �a]es �x � shall be estabushtd as of the dg� the ann '��ue beirtg colle��d �, COUN1y° �ttor� 1s cer�ed as complet� pursuarit to th� Cartesa Knox Locad Gov�mmcnt A�eorganLzaUon Act. 5.5 , In carh 8�ca1 year succ��8 the irvt� use tax �endment bY CR'Y of �ts� loca� sales 2i.t�d or�lnance pursua�lc ta Seetion 5.4. Cl2i^s sales ta,c rate ahall be 1tad�usted by divid the autn of the sales tax revenue generated by thc � l2rst determir�� ��xed substar�tlal sales rax g�ner�tor(e), a9 i�7 Secuo� S.4r. hy th� tOt�! ��lcs the most reeent four con �x revenuc generated in the C21y, based upon secutiv�e calenQar quart�rs for wh�Ch suCh tnforma.tion fro $o�d ot Equ�atton Is avatisble !r� wtittrx or � the State annual Amendmerit b g electrorue or m�eqc medta hy qp� 1, The Y CtIy of Jb locel sales ar�d use tax ordir�� pursuant to tj�s Exhlbit ''4" sha� be timely lotwa�dcd td Secuon arid eirectiv� a� Jul �e State Board of E9��zatlon so that !t wtll be Y 1 ot each tiscal year, COUlVTy shall correspondfn rome use tax ordlnat�ce. 61Y am�nd 1Cs local aaIe� and 3:6 If C1'i'Y fails to adopt a�d �plement • Prov�ded tn this amendments to tts sates ta,x ordiz�ar�ce as Article, or it C1Ty 9 pLt� or scp��t� �� �� sm Secuon S.q; and if Ctly faila to alle,t areas as prolub�tcd by remedy a�y euch fallur� wtthtn �rh' daya aher CfYy recetves � Page 11 of 18 Sta�' Rcvtcw: br� ,� 1 Ocwbcr la, 1994 _..,;.....�r�.� �.....:._ -.�... .._�, ,_ .. .. _ ._ _ . ,-.. _ .. , ... , .-, ,. _ . .. .. �"` �I 10/13/1994 09:42 8057213312 CITY OF DELANO PAGE 05,. . � l0ily/9d THtt 08:°_4 FAX 8u5 J25 39i9 � �KER\_l'U �UlII\ _ ,_,,, �',���lg notice from COUNIY of the t'a�lure, then COLJNi�' may termtnatc th� MOU. C1T1^s . rexnedy shall fully compensate COUNTY tor ax�y loss of sales tax rrvenu�s oecasloncd by CTlY's �'allure. Unless COUN11' othezwise agrees in writing, sueh eompensatlon ehail occur by ari annendment to Cmt's sales tax ardtr�ar�ce Cfftctive at the beginrilr�g of the next c,aler�Qar quarter, su�dent to permtt COUNTY ta ,recaup duzi�g �unh c�lendaz quarter !ts rev�enue 1os� 4+om �ales tax occasioned by CTIY's failure. 5.7 Cl'IY 2ttiQ COIINTY ft,ltt2�ter a�ree thSt the annual ceport of the Statt B08rd of Fquallsatlon arid the Depar�e�t of FYna��ce Anrlual Population Estlmaies ehall be used as the data source for the purpose.of calculaung the per captta ssles tax rrvenue pursuu►t to this MOU. S.6 The arithmetic formula(s) to be u9ed to make tixe calculatlons provlded for tn Scctlons 5,4 and 5.5 a�e 111ustraied Sn Exhtliit "5", attaeti�d hereto and tacorporated by nference hereLn as if set lOrth fi�lly at this point, bchibtt "5" is �SlCbrpore►teC as an eacample only and shall not be conswed w expand, limlt or otherwise af%ci thc righu and dutir.� of the pazues undtr Lhis MOU. AKI7CLE V1 ••• :. ��s. •- 6.1 CZIY asid COUNiY recogntze chgt there may bc a number of progrdms and �exviCCs whlch could be Consol3daCCd, rnerged, or othera�-tse combined in, ord�r to Umprove ef�cieney a�d et%criveness, ptovid�ztg an overall savings to taxpayers, To thts en.d, tht Clty Manager and tlte County Admintstratfv� OlYfcer shall dev�lop, by . a llst of Lhose prng,rattis arxd senrice� w}�ich thcy bcllCVe can be combir►ed to inercas� eflieicncy and et%ctiveness. Wlthin thiity d�,ys after thc Lst is complete, this llst, cogeci�,�r with mcommend�d stafirevfeav �am,g and tlmetables, wtll De p�eserlted to the parties' respecUve governtng bodles for prioxitizatton and Page 12 of 16 - 3taff Review: Drait i� l October 12, 1994 ..., _..�._.,_,._. _n _ _ ....... __ . _. _,_ �. , . ,_ � _ ..� _ __ ._..�._ _ R _.. � ___ _.. . . . -. ., _,.,....�.�.- _ . _ .....�_�_,__ _ ___ . ��---�--�_ __.-----... __.: _. ___ _ . ..__,�..._ ��: - - - .�..-�.,_._.___��_�,-m---..-.r--,-_.�.,..r�>..__�..,,a..-�_...�_��_,_.�.�.--,.-.-�,_,.--------�----�---Y- . - �- .---. - Y�_._ ._._... . - _ .- _.�. 10/13/1994 09:42 8057213312 � 10�13/9A ?HL U5:2� F�� 8U� J25 38i9 di.rectlon. CITY OF DELANO KER:1 CU_aD?II,� A�Y7CLE VII ' ► :.: ":• � ��� PAGE 06 7.1 Tecm of MOU: 'Ph1s MOV shall comme»ce as of t2�c date of «ecutloti by COLJI�TIY and CITY. whlch date is ataLed a! ihe begtzuilttg of thi5 MOU (the "effecttve date'� ztid shAll remaln in ei%ct far a pp'lod of t].R.�en years after the e,1�'ecuve dace. ?,Z �`�Zi�tq,n: If 2t11 ar azry matCxlsl portion of thl9 MOU 1s declared irrva.lid o[ fnaperattve by a �ourt of campetent �u�edtetion, or if azty par�y t� tihis MOU fails to comply a►ith any af tts material obv�arions hereundtr, and does not correct such nancompllance withfti tha t1:ne spe�iSed in this MOU, then in such evCnt, this enttt'e MOU, ae well as azty atiMllary docutr►c�ta entered lnte by the peraes in order to fulilll the intent of this MOU. may be ut�mtnateti as provided in this Sectlon. Upon tercninatlori, th�s M�U shall be of no farcc and cffect. Except for th� tmmedtate terminatton ag to a particular annexs�aon as pmvtded in the fourth and iiftii paragraphs of S�cc�on 2.3, prior ta this MOL! betng terminated by COL1N'IY �er failurt by CI f'X W comply wtth its materlal obligations hcrcunder, COUNIY ahali provfde r�otice to C11Y of such failvre, and CT1Y shali comgly wfth the specifled obligatlons terme and coz�ditlon� of thfs MOU within th3rcy days of receipt of noiice. If C1T'Y r.om�liq wlthl�a the thirty day perlod, thts MbU shall remain in full force and effect if CYIY fails to eomply aithln the thlrty day perlod, then CiIY shel! be in breach of thls MOV and COCJN3Y may t,erminate this MOV as pravtded herein. Durtng the chtrcy day notice penod and until C1'IY cr�tsf►cs tri wrtting that tt is �n compliance and COUNTX egrccs iz� writing, t�o ma�ur property tau transfer a�eemerit, 2�s contemplAted by $ubdlvlaton (d) of Secrion 99 of the R�,wenue ax�Q Taxatlan Code, shall t�dst bttween COUNTY and CTIY wlt2i nspect tn any pending aiuiexanons. Page 13 of I6 Sta1� Revfcw: Dx�aft N 1 October 12, 1994 �utr ,_ v.. _r .;, _. .,-, __-... � ._., _ �� . . , , __ �. . . _ - _. ,�. . .<, . _. , .. ,___ .: .. . ,.. . _ _. ,_ _>, . .. ._ ._. ... _ . . . . _ .� . _ __. � 10/13/1994 09:42 8957213312 CITY OF DELANO PAGE 07• ••. In 11ke manner, CTIY shall g�vt COUN'IZ'thirty days writtcn notiee s�t�d oppor'tut�fty to cure any alleged matertal noncompltaziea, breaeh, vr dctault of this MOU oa the part of COUN'�YY, euetpt that the last eentene4 of the preceding �at�gra.�h ehall not apgly. 'Rie specilic referenees 1n any othcr provistons of this MOU a9 to cause tor term.tnatler� shsll be construad as efther statements of the sole grou�ds for termination or statements uf those fallures co comply coasidered by the parnc.� m be matersai, R,ather, as.set forth ir� this section, the fatlure af a party to eomply with ar�y �acerlal obhgatlon imposed by this MOU which is not remedied withiti ti�itty days shall be a matezial breach arid b� a groun8.fox terntlnation. i.3 �3en�gtia on FollovwnQ CouttActlon; If thts MOU ss terminated by reason of.court acnon, tk�G parues agree Lo negoUaz� fn good falth to acYuev� as saon as po�etble a new MOU conssstent artth fuz�da�mental nb�eeuves o# ttus MOU. � • ♦ r � • :. � r•. � •��_ i: � . � 7.5 - 2lernntnatton Du� �(__han�gx ±r Law; One purpo�e of thie MOU ls to alleviate tn part the rcvenue shorcfall, tf an}�,. experlenced by CqUN'TY which tnay result from CtTY's arnexatlon of revenue-productng ar potentlally revenu�-productng propertiea loca�e,ed a►tthin the un�ncozporated an�a of COUNTY. Azaother purpose of_this MOU ts to enable Cf't'Y W pmceed avith terr�LOnal e�cpansion and economic growth consistent with the Leams of exssting iaw as Well as to ma�dmlze each paRy's abiliry to dellver essentlal governmental seMets. In entering lnte thls MOU. �the partles rnutually assume the conWnuauon ef t1�e c�dsting state staiutory schetnes relating to che d�stribuuon of avallabk tax rcvenues co local government, comm�sntry redevelopmc�t, aru�exattons, piarutfng and tt�e other material matters aet fot�h !n t2si9 MOU, and that assumpqon !s a bas�c tenet of this MOU. AcCOrdingly� tt fa mutually understood ar�d agreed that chis.MOU may, by mutual agreemenG be terminat�d should ch.ar�g�s accur in State statutory a law. courL decsssons or 9tate adminiecrattve tnterprecanons whteh negau the bastc ter�et of ti�lts MOU. Page 14 of 16 Stafi' ReHew; DraR �r Y Octobar 12. 1994 ,. � ., ., � _ . ,. _ , . . _ . . . . .. . . -.._.n .�.,_...�...,,,_...w._,. r... W _,. -- .�.._..._....:_ _�..�...��.e.e,,.�.�s.����.._ . __ . , � _ _._ .. ,.�,..� � _ w� . �:� _,__._...___. __.^.. _ �. _.._ _w..W : ��..�.., .�..� _ __._______-------__..__ . . _ .___�.___ _.. _ � - - - - . -- -- ___ .__.....v �,: , 10/13/1994 09:42 8057213312 CITY OF DELANO PAGE 68 �� lU%1J%77♦ ltll vO.rJ CAA Vv.r J<4 JL�o ai�.t�.� _ �u:��.• iy�;�., 7,g ���r �p: 'Thls MOU ar�d au�y of thc provistons, oovcnan� and ccnd�aon� �ec forth hCrttri may be modfa� or amended o�ily by a wntlng duly authorized by the t^�apectri+� governing bodtes af COUNTY and CTIY s�nd executed by each party's autlxorizcd t�eptesrntative. ' � �� �t� � N .-- yl with r�spect to the sub�ect rnatter hereof onty, thts MOU aupersed�s any and all previous negottatlons, proposals, cammltmenrs, wrttings, aad understandings of any nature what�oevet bntween COLJN'IY arid C�I'Y except as othera►lse provlded herefn. 7.10 Noticg: All r�otices, Tequests, ccrtlSCati0t1,9 Or othex correspo:tdence requtred to be provfded by the paraes fo thls MOU staall be � writing and shall be persanally dellvered or delivered by ilrst class �ail to the r�specttve parties at the following addtesses: ��l�l: � �' County Adm�nistrattve 08icer County of Kern 11151hixtun Avenue. 5th Flooz Hakcrs8ela. Cd# s3soz �� City Manager Ctty of Delano 1015 l lth Avcr�uc Dtlano. CA 932I5 Notice by penonal delivery shall be ei%ctive immediately upon detivery, Nance by mAfl sh811 be effecuvo upon recespt or three days after ma�ling, whtch is earl�er. 7.11 g�s�r,&emedt�: Exeept ae otherart9e provided !n this MOU, the partles may ex�farce this MOU in any othex nu�xu�er authorized by law. 7.12 B,pnrov�_ concent an�i m�nt; Wherever this MOU requtres a partys approVel, consent or ag�+eerrient, thc patty shall mak� txs decislon to �lrr or wlthhold svch approval, eonsent or agreement fn good faith, and shall not avitt�old such approval, consent ar agreement unreasonably or without good cause. Page 15 of 16 Staff Revtew; DraR �l 1 October 12, 1994 ��;--.,- �.�_ �, _. . - - .�_ _ . _ � �-.� . . . - : - . . ;. - .. . -. - , .. - - . . _ - _. _ 10/13/1994 09:42 8057213312 CITY OF DELANO PAGE 09, , 10/1J;9� THC' 08:26 FA1 8u5 925 38�9 _�� CO dL91I\ � ���� � : _,_... " ' •- --._ IN WI11�1�'SS WHEREOF, the parties hereto have executed this M4U Izi thc Councy of Kern, Statc of Callfornia, on the dates set farth above. CoiTN1Y OF KERN. ("COUN'IY") CYlY OF DELANO, (CtfY) 8Y: HY: Chatrman, Hoard of Supavtsors Mayor � APPROVEb TO LEGAL MJRM: AP'PROV�D 'PO LEGAL F�ORM: COVN2Y COUNSEL � ` Cl'i'X ATZ''ORNEY HY: " " BY: APPROVED AS TO CONTENT: COUNTY ADMIMSTRAZNE 4FPTCER BY: .APPRQVED AS't'0 CONTEI�TI": CTIY MAI�fAGER BY:�....._�_..�___.__— ----- � ----_ PagG 16 of 16 Staft Revlea: Dt'�tt �F 1 Octobtr 12, 1994 e ... . ._ _ . . . . . . ... . ��_�:,��_____ - .��.. - - . _. _ . , _ __ _ _ - _ �.�._ _ ._ � __ ._. _w�,.�.. ��.......�.�y.-�A�,.. `=-..._ _.....,,_�� _...�,._ .�,.�:��.,.,..,_,.___._..._._._ - ._ . _ . _ ._.. �.s, _.,_ �,,,_. .K�.�. .�.....�..,. _ _ . . ._. . _ .,_...�_.. _ _ � �..�-� _ . - . _, _ . �:.. .. , __.. _. _ _._: �. _._....,.. _ .. � ._-��- �... .__,.�._. �,._. ,_ ---- -- --_�. w ,� ...____ . _ .. �.,...----_ __- �-__�.__.- --- ._ _ _ ,,,._ _._._.�_ .._._ . . _.. .. ,.: _ ._ :_ _�. _ . . 10/13/1994 09:42 8057213312 CITY OF DELANO PAGE 10 F.X%i1HT1' 1 Annad►tton proposals a►hich complY wlth the following a�re px�sumed to be �vithln the ecope of ti�is MOU. 1. 2. � �� ysr►adcatlon pmposal would remove an unincorpotatcd tslarxd or 9ubstAStStt11Y 9urrounded axra. The aartvcarion proposal is limited to area that i9 Cti}rs own pubhcly--oa►t�ed pt"openy de�tgnated for publ�c use. ?he requet far a�exatson ts made tn order to fscilttate eonatiructlon oi gubvc improvements or pubuc facil,lues whf,ch othasvvl�� eould z�at b� constxucted. Addttionally. the pro�osal must: 1. Be conststent w�tk► the adoptcd shpere of lnfluence of the City and not eantltet arith the gox�s and pollcies o� the Cortese-Knox Act 2, Not crcat� uisi�tacorporated islaztds, or incorporated pcninsulas or cor�tdnrs. Page 17 of 16 3tstf Revlew: Drait �i 1 Qetober 12, 1994 ._� .— _ _ _ _ . _. . . . _ _ - � - - , _ _ ._.,..��._ � . _ , . <: . , 10/13/1994 09:42 8057213312 CITY OF DELANO 10: iJ: 94 TH[� U8; 20 FA?1 8U6 3�5 J87A � KERN CU AD�SI� ii PAGE 11,: � - i � �i Z �t �Q�i1BPT 2 Ltatit� of Couaty drvelopment approvais peadirxg withtn C�ty's spltcre of influenceas as ot th� eiTeetive datc of t1Us MOU. Pagc 18 of 16 Staff Rtvsew: Drafi # 1 Detober 12. 1994 x ;� � ' . , , :. � .. . . . _.: . _... :..r_�._ _ _..__.______..._.._._._.._..__�.._..�.�_�____-�.�._..._....�, �._.,. _ �.._�.> _ . _ �-- _ , �...,:...;�:#,.�.w,�.:..�... - - - ��.,.,.�:....�.�. �..�____ w»_._.=-___-��.�-,.r,_-,� �. ..._ .,_-, -- - -__ _. _. T. _ .�_. 10/13/1994 09:42 8057213312 __ A�� lo. �i in�� uo: cr re.a o�a �_a oai� 0 E�iIBTf 3 CITY OF DELANO t� �x � . .�_ 'IUJI 1 � Ltatizig of Clty's dev�loprnent approvals pendxng as of the effeetive date of th�s MoU. Page 19 of 16 6Lafr Ii+evitw; draft # 1 October 12, 1994 PAGE 12 IQj (1? 5 . :: _ .... . _ .. _---. . � -_-_.- ;_-x. __._� . ._ ., � . _.-. - ,_ _.. . . ,..� _ _ . . _. _.... . -_ - .. _ __ _ . _. �- T ,-- - - -- . _ , 10/13/1994 09:42 8057213312 CITY OF DELANO PAGE 13, -. 3 _ - . �OIU:6� . _ I I , F.XFiiB1T 4 3ALFS TAX RA',TE ADJUS7'MENtS (�46 Crt'Y t1LLOCA1iON) ' COt1�Y 9�6 OF CZ1X'S • ' p 0.09� .O1 .40 1 0.5 46 .0099� .00005 a� 1.046 .0089 ,0001 � 3 1.596 .00985 . 4 �' ".00015 a.o� .00ge .. 5 � .0002 �.b 94 ,00975 ` .00028 6 3.0g6 � .0097 :., .0003 7 3.5% � . . i . . .009�5 .00035 ' 8 - 4.09b _' , � .: .: . .0096 ;' .0004 ' `, 9 :.. 'L� . 4.546 •�� :�:� �„ .;� �� :ooss� � .000a5 ; �o . . :' �,: 5.0� .00�s �_ .000s . ; - � � � � . - ; �.. ,� . .� .r � - :;a �°' . , ., : �, i�� '_ .: . .1�, :�� '� _ : - .� . � � . ' , . .� ; . ." . . � , Paqe 20: of 2 6 • ' ' St�ff R�viaa� Draft � 1 � . . OMober � : . 1994 --: . - :.; � - , � , _��. . .._�.�..v., , :.,_._, �..y ._._,�.:_.��:�__,_w�....;.,.�. . x � � . � M..�.,,-, � �,.,..._ M_.... � B A K E R S F I E L D MEMORANDdJM October 12, 1994 /_ T0: ALAN TANDY, CITY MANAGER / r FROM: TRUDY SLATER, ADMINISTRATIVE ANALYST II ��?�� SUBJECT: COUNCIL REFERRAL #13954 REGARDING INSERTS IN P.G.&E. BILLS At the City Council meeting of September 28, Council asked staff to research the feasibility of communicating with citizens through inserts in P.G.&E. bills. I have been in contact with P.G.&E. Major Account Representative Denise A. Newton. She has informed me that company policy prohibits P.G.&E. from allowing outside agency inserts within their bill mailings. If further clarification is needed, please let me know. (M1012942) � 0 i' _ � • B A K E R S F I E L D PUBLIC WORKS DEPARTMENT MEMORANDU�vI TO: Alan Tandy, City Manager FROM: Raul Rojas, Public Works Direc r DATE: October 11 1994 � � SUBJECT: REMOVAL OF SHOPPING CARTS (Mayor Price) Council Referral Record #13816 (08/24/94) & Council Referral Record #138$8 (09/07/94) Pursuant to Council Referral #13816 of 08/24/94, regarding removal of shopping carts, the areas were cleaned by Street Cleaning on August 30, 1994. In regard to Council Referral #13888 of 09/07/94, the problem was referred to the Building Department for fotlow-up, however, it is really an off-site problem rather than an on-site problem. Consequently, the Street Division will continue to monitor this situation and schedule cleanups, as necessary. The next cleaning is scheduled for the week of October 10, 1994. REF13816; REF13888 ### � � � �_ � -. =— ��–� � u ; � liI( ^ ^� V G �o� � J � fji ;�, i --=—_.__`— __ '�_--__ f', �' o�l � r�o a n =n�.–, C��`I� Cv,,� � ��� ��s � . , _ ���,�� ,- �.`3 V �� b _ '�f- if , .. . . .. . .. y .y� . - 4 � .� y� ., i �^ .. '. ':: .'` n .. �, y.� ... .. . .yl� ..i .a t • ' . - . . i t�:. ... � . . .. . r ' t . . � ' - rv ..'• � . _ . � , , .. ... . . . . . , ., c '. . . . .. . . .. . . _ . :_ . _�:. ' .' . s ... '. . . . . . _ . . .. � . . i+y. , ; .. . � • • , . .. .. . . � : • • . _ _ - . . � . 1 . , .. /f� . �Q% '('�� , . . " •. � ' .. . .. . . ' _'. . . .. ../ ' , . . �� .`►/,. �' � V �j.lyrK_:� � .., r - � �CITY COUNCIL REFERRAL- . . � � SEP 13 1994 � , � MEETING OF: 09/07/94 " � ` ' �UBLIC WORKS DEPARTNiENT �- REFERRED TO: PUBLIC WORKS R ROJAS ITEM: RECORD# %13888 (___.____ _ � J Shopping carts left at recycling center. (Mayor •� Price) ACTION TAKEN BY COUNCIL: MAYOR PRICED THANKED STAFF FOR CLEANING THE AREAS ' WHERE CARTS WERE BEING LEFT AND ASKED IF RECYCLING.YARDS CAN BE REQUIRED TO CLEAN THE AREA AROUND THEM. BACKUP MATERIAL ATTACHED: NO DATE FORWARDED BY CITY CLERK: 09/09/94 NOTE: STATUS CHANGES ARE TO BE ENTERED FOR EACH REFERRAL AT LEAST ONCE A MONTH EVEN IF NO ACTION HAS BEEN TAKEN! . .;�$,'� �: -� E:",.r , , � f, ; � - ! CITY COUNCIL REFERRAL -� �� ,_'° �' '' ''� , �'� . MEETING OF: 08/24/94 nl)�i 2 f 1�94 ' I!43LI� 4':';1r�i.." (•,r-:.,,T�'�i'1 REFERRED TO; PUBLIC WORKS R ROJAS ' ITEM: RECORD# �13816 � Remova'1 of�shopping carts. (Mayor Price) ACTION TAKEN BY COUNCIL: . � MAYOR ANNOUNCED THERE ARE NUMEROUS SHOPPING CARTS ON N STREET, SOUTH OF THE RAILROAD TRACKS, AND ON GOLDEN STATE, THAT ARE IN THE RIGHT-OF-WAY AND ASKED'THAT STAFF LOOK INTO THIS SITUATION. BACKUP MATERIAL ATTACHED: NO bATE FORWARDED BY CITY CLERK: 08�/26/94 „ NOTE: STATUS.CHANGES ARE TO BE ENTERED FOR EACH REFERRAL AT LEAST ONCE A MONTH EVEN IF NO ACTION HAS BEEN TAKEN! � � : � ��? �� � 9 , s-- 3 � �- � � � , _ _ .� - — ..:: � B A K E R S F I E L D PUBLIC WORKS DEPARTMENT MEMORANDUM TO: Alan Tandy, City Manager G��l FROM: Raul Rojas, �blic Works Director � DATE: October 12, 1994 SUBJECT: RESPONSE TO COUNCIL REFERRAL Record #13953 The attached memorandum is in response to a councilmember's request for street lights at Eastgate, Jamaica Way and Mesa Verde. Attach. �,,. _. `_ = : --__ . � _. �, II � �� 0 � 0�'�� li., , �- --- - _-_--: _= _=-_-- �C`� ` .6�v�Jla�� r C- f � ��;- r L' -- :ii :I II'II'��flll///%/% riiiiii �, ��� , �= '--� _ �iy== ,,��� ��' -= ;., �.; \�i,. _ ,, .;. _���' �IHn�u,,, ny� /� - i �,:. cr , �9\0`� _ �. -..:_ ;_ �. ,,�, ��o � `� � 1��lillllll To: From: Subject: x MEMORANDUM ��a�i���%�a� OCT 111994 PUBLIC WORKS DEPARTME�T October 11, 2994 Raul Rojas, Public Works Director Larry C. Jamison, General Services Superintendent Response to City Council Referral - Record #13953 Request for street lights in Stockdale Estates We estimate that it would require fifteen (15) 70-watt and six (6) 100-watt luminaires on 2.5' arms, mounted on wooden poles to light the area in question, (See Attached). This area is serviced by PG&E from overhead service. The estimated cost to install these lights would be $17,000 with an annual energy cost of $709. , . �5i �pp.eox :/s— 70 � ��.r�,4.2�s � : � ,- /dCO' �cci ..��i�'ii7•v`i�.S � _ � b � �� _ a,� -�tu.�ma�Od.: /�af�s . . 5.��2uc'O.. ovE2�ta. y - _ • '., . ,: _ ! � _ _ _., -_: . , ,. .. __ �I :� ��,�,��='.jr.�.xz-. =�,.. _ .�. -�-..:_ ��.x.. . . �- '7 : � ._ . � STOCXLIAC£ i0217. �02I2 . .� LAS � 10215 ` i� 10195 � � � j I . I D10188� -� . I . �� o ... j � . �. � ~ a1[]Sii i ia9aq t02t60 �ENA = t4532 A....�.. � ' W I ' R£/NA I �i 1O19s T/ERRA �'� � � ioiea ioro� i � i0534 I ; �� 2 �Cl -'i � ,,ZO �C1217 . � . 1 ::.- � . �y � J 1 CORT£�;220D CALL£ � R7R7A � � i 0199 � � / I 1 �-�'_ � p10190 iozre � � ,, s�ss �. L�5 �pA7A -.2C i CT � 10201� ; � � � ` � i �0200`., � . �6�� . � �Qj�� `. Qc� Cq�O N I i0202 `. i02oa ' 4344 ���°''as KR� . �:�ao�w 10204-' . _ .. . . I ` I �ozosq I � ozoeq . �oi9z ! � �� � ' I � �ozo� iozoe ,��y � ' to2i0 I �' ro2�t � . I .. . . W I . . :�n F- 4 CALIE io9G0 p� � ?'r?a il � I 10961 p� f�O � p p 1 3 < h�v �021Z `' I i0956 � . u � I .. � b�; EL vERAMO 10958 u i�4 �L YFA. i �+ i0957 i � J � j i 292�33SL ��'so 2i � �s 'Q�S ��Z7!4 �� �{ I c�e� 2 V . - \`' ' O� . �e J�j � i �, �4� � y� , � r .% ��� if �� (, �� %' h I � �E i ia57 OIw55 � Q � :iKS�Z . � . .. , D < � � . r �� . .� W. ul�INO 'Oi�o56 . . .. . .. . ��� \ , +• I1a56 M��� . . � so.o: . � - � . `� W � \ � -.. ��Cp�'� Ita59 . . . . . . 1ia53 � CALl.£. �� . . . - �� . , '� . - . . .� . . .. � � . . � . . � . , � � IIa60. . . - U� 6FRG . . �. . E u, ., 12672 . __.__CALL.�r___ . - MESA _ � I�_ t3a330� ST AnOR£WS y �� O ; _i I EpIP'N'� . � =t ; ,j: ,f ,� : . MT WH/TNEY MT HO00 :� � �41 _ f/K'y � . , 6ffii fl45Z � ♦ 4 . � .. . . '. 3Wi5� F, I d � � . � � � � � i ; I I I f � Y0.SEM?£ I � . I I � � �. ti/T � SfLISTA . . . �. li ' N _ �; � ;� I O ' � ' ro' . ' .. v i � p . , �. 'I � � I ' . � .� K'q�y�r � . � _ . . � � � � � 'I i I .. . . . , - � � .� -. � . . . . � � .. - . - � ,� ... � . . . � i � . � .. . i3a37 - . .. . . - .. . � �i0596 . . . . XEARSARGE � �341 . �uti . � 1flS� . ' l4�:. . _ ^ _ _ _ .. ' . , ... '��:-.."� �� �- �. �' ....5 F �; ' � . _ . � . , . - � ` � �� ' � ,, � � f� ` i CITY COUNCIL REFERRAL . ������ . . - � � _ MEETING. OF :.os�2a�s4 � � SEP 3 4 1994 � , , . . . . . . � . . � � . J � PUBUC WORKS DEPARTMEfiT � � REFERRED TO: PUBLIC WORKS R ROJAS I; � ITEM: RECORD# 13953. � Street lights at Eastgate, Jamaica Way and Mesa �, V.erde. (Brunni) � � . s � - � � � � AC7ION TAKEN BY COU.NCIL: - K BRUNNI REFERRED TO STAFF THE NEED FOR STREET ; �IGHTS.AT EASTGATE (ORIGINAL PORTION OF STOCKDALE - ESTATES); JAMAICA WAY AND MESA VERDE AND REPORT � BACK TO HER. 7� �I BACKUP MATERIAL. ATTACHED: NO �' � � ;i DATE FORWARDED BY CITY CLERK: 09/30/94 �', Si I �!, NOTE:.STATUS CHANGES ARE TO BE ENTERED FOR EACH REFERRAL � AT LEAST ONCE A MONTH EVEN IF NO ACTION HAS.BEEN TAKEN! � - � � � . . � � oi ; �I F, MEMORANDUM October 10, 1994 \ TO: ALAN TANDY, CITY MANAGER FROM: JACK HARDISTY, PLANNING DIRECT R . SUBJECT: CITY COUNCIL REF. #13951, STREET V CATTON HEARING ON NOVEMBER 2, 1994. In working with the City Clerk to schedule hearings before the City Council, we take into account the nature of the case, statutory deadlines, amount of time likely to be required, hearings -already calendared and time needed to prepare for the hearing. We are also concerned about the capacity of the room and the need to address other items of city business. There are major hearings scheduled for each of the City Council meetings this year. They are: Union No. 10 Protest Hearing on November 2, General Plan Amendment hearings on November 16 and Mesa Marin C.U.P. Compliance hearing on December 14. I would not recommend scheduling another hearing like those for the same night unless absolutely necessary. However, there are other non-controversial hearings of interest to only a few people which are very important to them but could be conducted in a matter of minutes. They rypically don't add significant time to the agenda. The vacation of 26th Street between "H" and Eye Street is such a matter. The only issue raised in its review at the Planning Commission was access by fire trucks and that has been resolved. Rather than log jam these kinds of hearings into next year we try to keep them moving along with the others. JH:pjt m\mat10.10 n ° r � � ; ", �, `"\_---a°�-.� il �l l=� � u t/ � � �� '. �----------- ,__ �� i# r�� Q � i994 � �Q� 6�i������°� �����0�[�;i - _--___- - _-_ - -=}�x, TO: MEMORANDUM October 12, 1994 ALAN TANDY, CITY MANAGER FROM: JACK HARDISTY, PLANNING SUBJECT: COUNCIL REFERRALS NO. 13952 & BUILDINGS IN TRACT 4885 LARGE OUT- Staff has checked the property and reviewed the plans approved by the County. Mr. William Wilbanks is the Building Director at 861-2391. Councilwoman Brunni may wish to discuss this with him. What we have are a couple of 1,509 sq.ft. houses with attached 330 sq.ft. garages and detached 1,500 sq.ft. shop building. There is also 160 sq.ft. patio attached to the house. The lots in Tract 4885 are typically 10,000 sq.ft. Permits and construction took place prior to annexation and will continue to exist as non-conforming. The city's codes restrict the size of accessory structures to 12 percent of the lot area. In this case the maximum area of the shop building and garage would be 1,200 sq.ft. Since the garage takes 330 sq.ft., the shop could only be 870 sq.ft. A detailed presentation of the relevant codes is being prepared for the Urban Development Committee and I will have recommendations £or them to help hold a reasonable relationship of scale between the residential buildings and accessory buildings with respect to height and bulk. There are already some in place when the current rules are practically applied. JH:pjt m\mat10.12 ,r��,�;;.,� s B A K E R S F I E L D Alan Tandy • City Manager October 12, 1994 Mr. Don Benninghoven Executive Director League of California Cities 1400 K Street Sacramento, CA 95814 Dear Mr. Benninghoven: The City Council of the City of Bakersfield has asked that I contact the League regarding the holding of the League's Annual Conference immediately prior to an election. We are aware that conference arrangements must be made far in advance, and hope that you will consider this request when scheduling future conferences. It creates a difficult conflict for councilmembers running for office. Sincerely, a andy/ City Manage AT. al b cc: Bakersfield Mayor and City Council City of Bakersfield � City Manager's Office • 1501 Truxtun Avenue Bakersfield • California • 93301 run�� z�ti_���� . ��., run�� ��n_i u�n y S:-�T ,;� CITY COUNCI � R�=EP.RA.L M=ETIN�� OF : 09 '?$; 94 P.E=ERP,EC TC�: CIiI� MANAGtR 4 T.4ND`,' RE�tP,P.ED T0: TGUDY SLATER ' S�G.TEK IT=M: RECORCs# 13941 Apoo- ntment of vc �i ng c� i�;ate ar,� a' ��rnat� for Leaaue cf Ca�,irarri� C-*��s P,nnu:': �on=erence schedui�d Octcber 2:. - 2�. ?9�� ir: �onc Re�ch. ACTION' TAh:EN B` COUNCIL: ��!O i IOr� TO �?P��Ih- RONrLES -��LEGATE .ar.D A�SIS�A��T C:TY MANAGEF GAIL wlRIi�RS - p.LTERNATE, AND "CITY . N1ANA�ER TO DRAF? LETTER �O L�A.Gl1E RE�U�S?IN�� THA? TtiE ANNUAL,MEETING-NOT EE NELD CUP.ING-AN ELECTIOTJ.A�PP,OVEG'. A3S: LE. ****�!EMONJ R���UES-ED LEAGUE.RESOLUTIONS E= MADE.4VP.ILABLE T��� COUNCIL � AND COUNCIL TO MAk:E �OMMENTS GEGAP.D=NG TNERcSOLUT?ONS.**** BACKUP MATERIA� ATTACHED: NO DA?E FORI�JARDED BY CIT1' CLERk.: 09!30i 94 y lY �� � 0 CITY �OUNCIL REFERRA� � ME�TING OF: 09/28/94 REFERRED T0: PARKS F FA86RI � � ITEM: RECORD# 13957 Safety hazard at 4�12 Axminster. (Salvaggio) ACTION TAKEN BY COUNCIL: SALVAGGIO REFERP,ED TO STAFF THE ISSUE OF A DEAD TREE CASING A POSSIBLE SAFETY HAZARD AT 4312 AXMINSTER AND REPORT BACK AS SOON AS POSSIB�E _\ . WITH RECOMMENDATIONS. BACKUP MATERIAL ATTACH�D: NO DATE FORWARDED BY CITY CLERK: 09/30/94 NOTE: STATUS CHANGES ARE TO BE ENTERED FOR EACH REFERRAL AT LEAST ONCE A MONTH EVEN IF NO ACTION HAS BEEN TAKEN! .�� �����c.' u�-� � , � . - �� �� .� -� �� °��.�`-���- . . . ��- ��-�-' . �� � ���� � ��� �a� �� -� � ��� ��� � L° �u� ' �� - G�� �� .. �� �- ��i� ,-�'� `�2� .��'�-'� ���L _ . .� ���� .d��c.. � �.�"" � �2�o-G�in� ����-z� �e��. -� � � � .� _ �' - �� �= �r y � m CITY COUNCIL REFERRAL / MEETING OF: 09/28/94 � �� � , P.EFERRED T0: PUBLIC WORKS R ROJAS � � ITEM: RECORD# 13966 �� Lighting at City Hall. (DeMond) � ACTION TAKEN BY COUNCIL: - DEMOND REFERRED TO STAFF THE OUTSIDE LIGHTING NO BEING ON IN FRONT OF CITY HALL AND AT THE TOP OF THE STAIRWAYS. BACKUP MATERIAL ATTACHED: NO DATE FORWARDED BY CITY CLERK: 09/30/94 NOTE: STATUS CHANGES ARE TO BE ENTERED FOR EACH REFERRAL AT LEAST ONCE A MONTH EVEN IF NO ACTION HAS BEEN TAKEN! �� - � . . � �-- � ��� � � __ ..s � B A K E R S F I E L D PUBLIC WORKS DEPARTMENT MEMORANDU/M TO: Alan Tandy, City Manager FROM: Raul Rojas, Public Works Direc�Or DATE: October 7, 1994 SUBJECT: COUNCIL REFERRALS Attached are responses to Council Referral # 13958 regarding tra,�'ic signal at South K Street and Wilson Avenue intersection (Salvaggio); and Council Referral # 13960 pertaining to a petition from residents on Elm Street regarding a cul-de-sac at Highway 178 (Rowles). REF13958; REF13960 Attach. � (1 l � F�� � = � 1C % -., _; _. _ -_ � - - _-__-_ - -- -; cnT � o i�9� � , _9 C��`� 6�i1�6�4��f��°� ���0�� :; • � M�EMORANDUM Traffic Engineering DATE: September 30, 1994 TO: RAUL M. ROJAS, PUBLIC WORKS DIRECTOR FROM: STEPHEN L. WALKER, TRAFFIC ENGINEER �,�� SUBJECT: COUNCIL REFERRAL No.(not given), MEETING OF 9-28-94, WILSON/SOUTH K INTERSECTION, TRAFFIC CONTROL I have made an initial review of the intersection of Wilson and South K Street as requested. No obvious visible traffic problems were present and the preliminary accident record review did not seem to indicate what controls may be appropriate, if any. I have directed that a full traffic study of the intersection be performed. Results should be available within about three weeks or less. I will update the refenal response when we have completed our study and make appropriate recommendations. cc: Fred Kloepper, Assistant Public Works Director Bruce Deeter, CE III, Traffic Engineering Brad Underwood, CE III, Traffic Engineering PW Memo Files Traffic Engineering File - Wilson/South K�//S slw: d:\wp\1994\Wilsn sKRef ,� ;. �. CITY COUNCIL REFERRAL MEETING OF: Q9/28/94 REFERRED T0: PUBLIC WORKS R ROJAS �I� � l� � �T IEjj''i1 ��.1� SEP 3 0 1994 PUBIIC WORKS DEPARTMEIVT ITEM: RECORD# 13958 Traffic signal at South K Street and Wilson Avenue intersection. (Salvaggio) ACTION TAKEN BY COUNCIL: SALVAGGIO REQUESTED STAFF DO A TRAFFIC SIGNAL FEASIBILITY STUDY OF THE 50UTH K STREET AND WILSON AVENUE INTERSECTTON. 6ACKUP MATERIAL ATTACHED: NO DATE FORWARDED BY CITY CLERK: 09/30/94 NOTE: STATUS CHANGES ARE TO 8E ENTERED FOR EACH REFERRAL AT LEAST ONCE A MONTH EVEN IF NO ACTION HAS BEEN TAKEN! _ �. MEMORANDUM Trafffc Engineering DATE: October 3, 1994 TO: RAUL M. ROJAS, PUBLIC WORKS DIRECTOR FROM: STEPHEN L. WALKER, TRAFFIC ENGINEER SUBJECT: COUNCIL REFERRAL No.(not given), ELM STREET CLOSURE AT 24TH STREET (HWY 178). I have made a preliminary review of Elm Street in response to the request to close off access from 24th Street (Hwy 178). The street width and configuration seem suitable and may allow a closure and construction of a cul-de-sac. No left turns from 24th Street westbound to southbound are allowed at this time per restrictions by the State for Hwy 178. I will schedule a traffic count for Elm Street and further study the proposed closure within the next three weeks and make a recommendation based on my findings. cc: Fred Kloepper, Assistant Public Works Director Bruce Deeter, CE III, Traffic Engineering Brad Underwood, CE III, Traffic Engineering PW Memo Files Tr�c Engineering File - Elm Street at 24th, cul-de-sac slw: d:\wp\1994\EImCdSac.Ref , ,�::; . . . . . - ,. _ �- . CITY COUNCIL REFERRAL MEETING.OF: 09/28/94 REFERRED TO: PUBEIC'WORKS- R ROJAS - � 1t�.���� �`� ��` _ ! � SEP 3 0 i994 P118L{C WORKS DEPARTMENT ITEM: RECORD# 13960 Petition regarding a cul-de-sac at Highway 178. (Row7es) ACTION TAKEN. BY COUNCIL: ROWLES INFORMED PUBLIC WORKS THERE IS A PETiTION FROM THE RESIDENTS ON ELM STREET, BETWEEN 22ND TO 24TH STREETS REGARDING THE FEASIBILITY OF A CUL-DE-SAC AT THE AREA OF HIGHWAY 178 AND REQUESTED AN INFORMATION INQUIRY BE MADE OF CALTRANS. BACKUP MATERIAL ATTACHED: NQ DATE FORWARDED BY CITY CLERK: 09/30/94 '�� NOTE: STATUS CHANGES ARE TO BE ENTERED FOR EACH REFERRAL AT LEAST ONCE A MONTH EVEN IF NO ACTION HAS BEEN TAKEN! ,� , ;:r . •� � ���� ,,. � ,. ,. TO: FROM: DATE: SUBJECT: M E M O R A N D U M "WE CARE" Alan Tandy, City Manager Owen McCarthy, Assistant Chief�� October 6, 1994 Response to Councilmember Brunni .� �. -+- _< ------------------------------------------------------------------ During the City Council meeting of September 28, 1994, Council- member Brunni inquired about the circumstances under which the President of the United States declares an emergency or major disaster. I have spoken with the regional office of emergency services to verify the chain of events that take place when the President declares an emergency. First, in our case, the City of Bakersfield would incur a significant event that exhausts our resources and ability to respond. The authorized local official, such as the Mayor, would declare a local emergency, and through the operational area coordinator to Region and State OES, the State OES would request the Governor to declare an emergency. In turn, the Governor would request the President, through the Federal Emergency Management Agency (FEMA), to declare an emergency. This helps clear the way for Federal funding. The success of these chain of events are based on accurate assessments of damage and well kept records and documentation. Attached is a copy of a letter from Governor Wilson to the President, through FEMA, requesting assistance. � [ 6-�0'� `� � ,� ��.��i $f�� _ �c �� ���� PE7E Wr[�5�� 60�otiOQ 'rhe PleSl�etit The 1Nhtte �iouse w���, �.c. a.�svo �� � ���rs� �qyERNOR'S CFFICE SAGFiAMENi'O 9581� �2.II1LI8Iji �$� �4�4 A4St-ft"" brand fax To�}:a tY L��Irt� � l.-F i�:: t. rJ Tht'ough: Mr. Wil3iam ,11+i. �ledigoviCh Reg�anat �irector �edetal F�erg�ncy Manag�s�eat AgencY Regian IX, �uil,di.ng 145 Presid.ia o€ Saa Fi�ra.czsco, C�lifor�ia. �4I29 D�ar Mr. P��sidenr. T�.�6P�+OHE ts�5� a4s-ae-a� memo 7671 I� ot Pagas � � � T� ' • �. ,• 7 �::, v' � � . � ,jt . .� _ . Ua �. � . � �, . : ., . . �n Jas�uary 17, �994, as a result of the e.�rthquakes and aftershocks that accvrred in sou��rn Cslifanua a�.d in response to n�y verbai rec�ue�t, yoa deci�red th� existe,nce of a"m�jor disastezh in the State of Califoraia. This de��ariou 9mplemented t�e prov�sions of Section 401, Fublic Lsw 93-288, as amersde+� by the �obe�t T. Staffard Disaster Relief and Emezgen�cy ASSist�ne�. t�,ct, Public L�.w ].00-747, imptemet�ted by Title 44, Code of F�deral I�eg�ilations, 5eCtian 206.36, for rhe County of Los Angeies, the C.�unty of Vent�ta, aad t�e City af A�.aheim. Assi�tance provided by the federal �nvernment t�rough the Federal Emergency Managemeat Agency (FEi�) aud ather fedes�al sources will prov�d� v�itai assistanfie to t�e Stat� of �Califarnia in miugating the in�p�,ct on the affecte.d areas. The pre�imir�iy d�ma�e assessmemt c�rrent3y in pracess dema�stxates that the �arthquake tosses f�r exceed ava�able state aad loca.t gaver�ment resourc�s. Totai daa;ages are conservat�vely estimst,ed to be I�etween SIS billioa and $30 billion. Pubiic facilitj+ and highwaq dam�es �lone are welt over �500 zQiilion. Supplementaa, federal �.ssisianc� is n�cessaiy for a suc�essful recovery, Parti�vlariy in lig�t of �Iie F993 wintex storm and 4ctober iS93 frestorna disasters, whi.c�_�.ave alr�ady devastated sou.th��ss, California and otls�r pa.rts of th� �tat� wit�in the I�.st twelve montbs. As a result of the latest earchqualze, t�irty-ei�ht fatalities and over 2,StN� injwcies bave been confum�d. Th� American Re�ci C�oss and the Salvation Army have opened 25 sheliers th�roughout the eatthquake area, and it �s estimated that over 25,000 people have been dzsplaced. Particulariy dewastatiza..� have beea numerous coIlapsed freeway JAN 2 4 �9��t �I"`� '_v _ '1'he President 3altuary i8, 1�94 P�e2 seg�eztts anc3 avergasses urit� bave c�us� sevete di3iuption of the southera California highway a�tworl�, it will be at �ea�st a yea�r ��fore this d3�ptioa caa be .... . L.os An�el�s �ad Veniur�. C:ou�.ties have $1so suffere.ci wzd�spread damage to wate�c. ��rstems, . as w�ll as tiumerous devastating buil.ding c�Uapses, iaciudiag an apar�ment building, a s�c�pping tnali, a�'td �rirtuafty the, vvhole city of flllm���. El��riC 5ervites in ttie �eCte,d areas are aot yet ful�y sestorec�. In �.ddit[oz�, due to five major waterli.n.e breaks, �ver ZQ�,Q�O southern Cali#'ornia residents contiz�ue to lack water servir,.�; restoration is �tat expected fur maay days. Fit�Y, �Souihein . C�€arnia Gas reparts. a�praxim�:tely ?.O,Q00 �stomas wit%out servir�; resto�rat�on is not expecred fQr some rime. • State and tocal re�our�es have been fu�l.y actfvated ia�t response to the�earthqaaka. Sevea state Ur�au 5earch aud �Resaie teaas�, comprised of �#ty-six membe�rs each, have b�x d�pioyed. '�'h� Cove�o�'s 4�ce� of F..�rgency �ervices hss atsa mob.�ized � thirly-�ight s#�rike tsa�ns to pr�vide ass�stance throu�h th� fira murual aid, �ystem: The Los Augeies Palice Department, I,ns Angeles SiterifPs G�t� and the CalifOrnia Fii�waY patrot remaua on tactica3 aiert, with the St�te Police providing additionai assist,a�c�e. 'rhe Natio�i Gu�rd h� deglvyed 2,OQ4 pezsonn�i to support the Ld.s Aageles Sheriff's �ce. �n �ddz�ion, the Californi�,1]epa�tm�ent of '�ra.asport;�tiom aad #h� i)epartmeA.t of Wat�r Resc�urces are curr�ntly canducting c�aasage assessazents oE hig��rays and slams in the affected aress, while ttt� state Degartstt�n�ts af Twdc�, Fis� and Cxazn�, and Coaservatio�. aze �sa performing di�aster respunse activities. As w� have agreed that supplem�ntal federal disaster a�szstance is ne�essary, I hereby request the imple�m�ta�tion o� �e�apvrasy Hausing Assist�nce, the Individual ax�d Family Grant Pzo�ram, Disaster Unemployra�nt Assist.ance, C�is C.auns��, anci the disaster loan pragram of the Small Business A�iministratian. i am als� requ��tit�g �'ubli� A�sistance fox the rest4ration of I�cal governtnent and certain ��`iv�te non proft facilities. I alsc� expecs to impleut�nit the Stat� Supplement,�i �t progr�ut, as well as tis� Califoruia Disaster Assist�ttee Progra�, w�ich provides 1ow interest d�erred Payraent 3aans. Spexific estinnaies of tbe types a�d amaunt of assistanc� ner.essary under Publi� Law �3•2$S, as amended �.�'� awot availabl� at this tim�e. . C;ompcundit�g the problems Gr�ted by this d�vastating eart�iquake, as w�l as numerous previvus disasters� i,� the c.wsti�uing ecanomic recession in. California.. '�'iae recession has required us to reduce General Fund 3pending by over �en percen� t�ereby . requiring a significant redv.ction of services and� resources pravided by the state to the pubkc and ioc,al gavern��nts. Economic forecas�s from both the publi� �nd �riv�te sectors project little relief for several years. Califot�nia, as bo*.h a govern�nental enrity and its �onstitueut counties, a� unabie to cope with tihe additional �sca.t b�rden imposed by this. most recent catas�rophic disastet. � - .: .�. u � . ,-....:r<c� i Ur .. �-.4;,�- _z_.�'°=a--�'-'- - . � � 1 � � .> � r , i �� 'I�e �i'eSideAt ,r�y i8, � i9� Page 3 :�� .:....�_ . ...... � 3�51�-�� � �'� h10.95=1 P���3 On the h�els t�f t� e.canomic "disa�te�' �ave now come t�ree saa3�rs disasters in the cQwrse of the Iast Lw�nty montl�� in ih� Los Augeles �rea alane. �o�lowing the civil unrest of i992, the vvi�er �tormg of 1993, �.nd_the most xecent fucsiorms of.�;, f�vv mo.nttis ago, it is cl�a� 3�at n�ither this �x� nor the �t�te �n b� a�lced to bear ti;e burd�n af �ecovery alone. Sa, as �iarida, �Swaii and athers have dane in ti�e rec�nt �as�, � am r�questan� that the F�dezai Eme�g�ncy iviauagemeat Ag�nc�s share a£ pubkc assistance casts b� 1D0 �ercent Pursuant to FBMA ��gulations, I cerdfy fibat tbe tot�l state and Iora� ex�enditvres and obli�ativn� for t�iiss major dis�ster exceed the state's capacity to respond and recnvex. � certify tbat for thiS �7na�or di5aster, the $tate and �ffected lvcal'go�emmauts wi11 �ssur�e . ;espons�`b�ry �or the �pplicable non federaily e�ig�bie costs. I would Uke to eac�ress zay sincere gr'atitude far your itxtmediate and unceasin,� effarts an beha� o� the earthqua�ce victims. '�he actions of t1�e �ederal Emergency Managemeni �g�nry and vther €ederal agency stsf� have been r.ommendable and essential to alleviate rhe pain and suff�ri� of di�as#ex vlctiazs. 'The �xpeditiaus aad effectivE zesponse of federal snd stata offsda.ls will- allaw th� eariy apen�ng of Disaster A�plicatian �nte�s, whic� wilt in turn iZeip victims begin the lang and arduous p�ocess uf coping with t�is dewasta►ting tra�edy and. rebuiiding their lives. -, ��ave designate� F.i�hatd A. Andr�ws, i�.D., D'u��r v� th� Califomia Of�ice of Em�ergeriGy Services, as �fie Stat� �rdin�tin.g Of�cer for this xequ�s� H� will . coo�d'u�te with the Federai �mergency Mana�ement Agency to perfonn da.tz�age assessm:ent�, and may provide f�rther infoxznation on my b�half. • �incerely, � . � �t„�� a PLTE W�LSON G�ernor � e B A K E R S F I E L D Economic and Community Development Department M E M O R A N D U M October 12, 1994 TO: Alan Tandy, City Manager FROM: Jake Wager, Economic Development Directo SUBJECT: Villa de Oa�o Apartments This is to advise you that as of 12:00 p.m. today Care, Inc. successfully closed escrow on the Villa de Oro project located at 1841-1849 Golden State Avenue. As you are aware the City has anxiously been awaiting the close of this escrow. Not only will the City be receiving a$12,500 "finder's fee," but we will also be able to use the difference between the market value ($843,000) and the actual sale price ($250,000) as the 25% non-federal dollar match needed to access HOME funds. Thus the $593,000 difference will not only ensure full access to the 1992-93 HOME funds, but will continue to be used at the 1 to 4 ratio until fully depleted. By way of illustration we could use up to $120,150 of the differential amount as described above to access $480,600 of 1992-93 fund. The balance of the differential amount ($472,950) will be applied against future years of HOME funding availability until exhausted. Full access to the HOME funds will mean that the City will continue to meet the growing demand for housing programs while still supporting, through our CDBG allocation, the repayment of the Section 108 Hotel loan, the Lakeview Community Oriented Policing Program, the Seismic Reinforcement Incentive Program, and the Southeast Bakersfield Job Incentives. ---- ---=_ ;��; ���,� � ;;�� ---_-- �,;, �!;� _ � _ � i _,���. , i- _ _' .._-.._-.,�__..__ �/ •_- :l ��n . I � � �O� � �D`U 1Y ��n�.2���s����� �,� , �. _--° _ �{ � r; �� �, � �,��: i;, �_ � _ _ _ � :----- - __- _ __.�, J ` � _ .�a ; NOTES TO ALAN FROM JACK October 6, 1994 1. The Trails Plan through th�e Nickel/Murphy properties should be in draft form in about a week. 2. The Metropolitan Bakersfield Habitat Conservation Plan implementation took a step forward with the trust group's first meeting on September 21. We adopted bylaws and received our Brown Act lecture. Our focus is now on preparation of RFP's to photograph our baseline condition, preparing a budget for adoption and other administrative procedures. We are looking at a buy-in on the Arco Preserve. 3. The issue of small lat subdivisions is still in Planning Commission committee. At this point they seem inclined to permit them in multi-family zones with standards suitable for single family housing. 4. The application to amend the flood plain development agreement for Bill Alexander has been sent to Board of Reclamation. 5. We are working on an urban streams grant to help on the Calloway bridge project. 6. Staff has been directed to start work in support of amending the sphere of influence with a service capacity analysis. 7. Staff has also begun the work of prezoning three areas: 1) Harris and Akers neighborhood, 2) South Chester Avenue area from Ming to Asphalto Branch RR crossing and 3) Fairhaven �JVater Company area northwesterly of Highway 99 and Rosedale Highway. 8. Councilman Edwards brought up the availability of volunteers at the last City Council meeting. We need to do a land use survey and could make excellent use of about a dozen volunteers to help on it. Is there someone special I should see about this? 9. We have been evaluating planning policies that have evolved during review of Pacificana, McAilister Ranch and Western Rosedale as well as our own projects to see if they shouldn't be adopted as 2010 General Plan policy. 10. The Baker Street Specific Plan is going to the Planning Commission in December to evaluate its relevance as a planning document. It seems to have achieved its purpose by the adoption of general plan policies, ordinances and completion of projects. Economic Development is taking a fresh look at revitalization of Baker Street and at this point the plan is more of a hinderance than help. 1 9 J , ��� Notes to Alan from Jack October 6, 1994 Page 2 11. Public Works and Planning are proposing adoption of the Morning Drive Specific Plan line in northeast Bakersfield. Hearings will be at the Planning Commission in December and City Council early next year. Because of its meandering alignment, it needs to be pinned down. 12. The ordinance to restore the Auto Mall signage was passed without debate or comment by the Planning Commission last Thursday. The auto dealers were very pleased with the city's consideration. . 13. Here are some projects which may be of interest: Conditional Use: City Materials Recovery Facility (S. Mt. Vernon and E. Planz Water Dept. SMARA Permit (hearing in December). Site Plan Review Final Site Plan Review: Downtown: Second floor addition to Dewar's 160-unit apartment complex (Auburn near Fairfax). Submitted but incomplete. This is the one which needed a letter from the city to the state. 110-unit apartrnent complex (Fruitvale and Hageman). Crystal Palace - Buck Owens Wester Theater (800 seats) (SE corner of Pierce and Sillect). . Chevron min-market (SW corner Coffee and Brimhall). Hindu Temple (Fairfax and Hwy. 178). Clinicia Sierra Clinic (Lakeview Ave.) Blockbuster Video (White Lane and H St. - near Smiths) GPA (Dec. cycle-redesignation and rescinding of Redev. Element) Zone text amendments (Nov/Dec) Zone changes (Jan. 94) `/ �� -�_�: ./ �� Notes to Alan from Jack October 6, 1994 Page 3 14. The foundations for the cogeneration plant in the northeast have been poured. They paid a permit fee of $384,000. 15. We are working with the City Attorney on proposals to e�cpedite compliance with orders to comply with property maintenance ordinances. Basically, it would setup an administrative hearing at the same time the order to abate is served. 1b. Councilwoman Smith and I have been meeting with both sides of the Mesa Marin issue. We should have some compromise proposal worked out by the end of the week. 17. I have been called about a parking problem in Westchester. From my review of the files the problem is not from a lack of spaces but in their distribution and convemence. p:nafj i. MEMORANDUM October 10, 1994 TO: JAKE WAGER, ED & CD DIRECTOR FROM: JACK HARDISTY, PLANNING DIREC OR SUBJECT: BAKER STREET SPECIFIC PLAN In 1986 the Baker Street Specific Plan was adopted to formalize a policy document in support of the community's efforts to improve property maintenance, provide a facility for the homeless, upciate zoning, revitalize its sense of heritage and support other improvements. In most respects it has served its purpose. You are now working with the community to carry Baker Street's revitalization to a more successful level. In today's context, the old plan actually sits as an - encumbrance rather than a guide in looking forward. Even though we may have a better idea of what we should be focusing our efforts towards achieving, the plan as adopted policy and per State law constrains us from amending the city's Capital Improvement Program to include projects not consistent with it.� And, in our working with residents and merchants of the Baker Street area, we must abide by adopted city policy. We have held onto our progress engendered by the plan by adoption of implementing ordinances and incorporation of significant portions of the specific plan into the general plan. Our work with the Baker Street area can become more effective and dynamic through the development and adoption of objective oriented strategic plans. Before we can lay the Baker Street Corridor Specific Plan to rest, public hearings will be conducted by the Planning Commission on December 15, 1994, and the City Council in early 1995 to evaluate it. JH:pjt cc: Alan Tandy, City Manager m\mjw10.7 ��������� - — --=-=,i '�: �C� 1 i 1994 ' � � lY 6��G����(�°� ���°6�� j, _f�� '� 1� r. a r':9.< -c '�..._�`'--' _ , � Bakersfield City School District Education Center - 1300 Baker Street Bakersfield, California 93305 Office of Assistant Superintendent, Instruction TO: Dr. A1 Mijares � 1 FROM: Henrietta Sakamaki DATE: October 5,1994 SUBJECT: AnH-Graffiti Campaign '{�'�-�4-�r� � � -- 1 � ,.�-�— -MEMORANDUM- On September 29, the following peopie met to discuss an Anti-Graffiti Campaign: Henrietta Sakamaki ` Linda Carbajal, Principal, Jefferson School Merry� McCalley, Curriculum Specialist, DATE and representatives from the city of Bakersfield: Jake Wager, Economic & Community Development Myra McArthur, Planning Technician Louis Armitage, Vista Volunteer __ �� c F_ i��� c� � � �---� i I �- ----- ..I I I 1 0 _; i -- --- -- - -- - ; i ' '. ' _ } ��� z After we had a good discussion, we brainstormed possibilities of what we could do collectively to help promote anti-graffiti. After much discussion of several possibilities, the group came to a consensus on doing the foliowing: f __._ _.__ ____ __ , (11 __._ .First of all, we are �oing to target the iunior hi�h schools and work with the PTA presidents to idenHfy community � volunteers who would work in certain target areas helping ko paint over graffiH. The city would provide the matching paint and acquire permission from owners concerned of the building to be painted. This would be done once a month for various areas as designated 'by the city. We would also invite other student council members and perhaps school site council members to help with this work. I volunteered to coordinate a special meeting with the city officials and the PTA presidents from the seven junior high schools in late October, 6:30 p.m. The principals or his/her designees would be invited to attend. The junior high i � �� : ` :^�s'�.,� _ 9 ` _ ._ j� .; � , . ,/' , school staffs would also . help to publicize these events with their feeder elementary schools. (2) In grade 4, students would participate, on a voluntary basis, in an essay writing coritest and poster drawing contest as a way to encourage anti-graffiti. As a follow-up, the junior high school studenks working with the acHvity listed above, would present awards at the elementary school assembly during the third week in May. (3) In grade 3, we would contact the elementary school teachers and inform them about the Captain Anti-Graffiti coloring book. The teachers would request, -- � _ . .if -#hey se-desir�a, -coloring bo�ks for their�third_grade students. _ . This would be __ _ __ _. _ done during the month of April. (4) � It �was suggested that guest speakers be provided by the city to present � anti-graffiti lessons in the elementary classrooms. (5) Another suggesfion was to exptore the possibility of coordinating the anti- . Gratfiti Campaign with the "Just Say No" activities in late May. ; This is easy to do an"d we would support that The whole Anti-GraffiH program outlined would educate all students to "say no to graffiH." Everyone present felt positive about this articulation and how we can work together to help discourage graffiti in Bakersfield. cc: Myra McArthur Jake Wager Louis Armitage Linda Carbajai _ Merry McCalley