HomeMy WebLinkAbout10/28/94; � _ x-:,
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B A K E R S F I E L D
M�MORANDUiVI
T0: HONORABLE MAYOR AND CITY COUNCIL
FROM: ALAN TANDY, CITY MANAGER ��
SUBJECT: GENERAL INFORMATION
1.
�
3.
October 28, 1994
�
Enclosed are updates from the consultant on the baseball stadium project.
Congratulation� to Pat Hauptman, formerly "Water Supervisor III, who has
been selected as the new Water Superintendent.
You may have heard the news report on the Indian artifact which was found
at Fire Station #1. Enclosed is additional information and a photograph of
the item.
4. Just a reminder that Teen Government Day is coming up on Wednesday,
November 2nd. Please contact Trudy Slater, if you haven't done so already,
regarding your attendance at the breakfast and �unch.
5. Enclosed is a memo from the Community Services Manager regarding the
Seasons Park Project. This park was constructed by the developer and was
criginally scheduled to be accepted by the City at the November 2nd Council
meeting. However, due to faulty concrete work on the basketball courts,
City staff postponed acceptance until the problems were corrected. There
may be some controversy from the developer/contractor due to this
postponement.
5. Enclosed is a memo from Economic/Community Development outlining the
construction schedule for CDBG-funded projects at various locations.
7. Enclosed is the final scoring of the League Annual Conference Resolutions
Voting Packet. Only two resolutions, (#s 1 and 26) were passed contrary to
;nput provided by our Council and staff. Those items which indicate a D
for Disapprove, W for Withdrawn, or R for Refer, were not taken up by the
delegation. Two resolutions, (#s 3 and 15) were voted down on the floor.
The final text of the resolutions is also included in the enclosed packet.
8. The Kern County City Managers met with Joe Drew this week. Under separate
cover, I have enclosed the latest proposal submitted on tax splits. We
presented a proposal - it's their turn to counter on November 8th. The
�ities showed a united front. It is fair to say there was a frank exchange
�f views.
9. The Ca7)oway #5 Annexation was approved by LAFCO at its meetirg of
Gctober 25, 1994. This was the one which was derailed at an earlier LAFCO
meeting.
�'�` -"'+
HONORABLE MAYOR AND CITY COUNCIL
October 28, 1994
Page -2-
10. A graffiti update is enclosed from the Economic/Community Development
Department.
11. Enclosed is a brief status report on the last meeting of CalTrans' State
Highway 58 Project Development Team meeting.
12. Enclosed is information we received from Riverlakes Ranch and Dewalt
Corporation. The neighborhood meeting is scheduled for this Friday,
October 28th, at 6:00 p.m., in the Centennial High School cafeteria.
13. Enclosed is a copy of the concept plan for the Police Station addition.
14. You will be receiving, under separate cover, a longer, more detailed survey
from Castro and Curran.
15. Responses to Council inquiries are enclosed regarding traffic controls at
the Jonah/0'Neill and Claire/0'Neill intersections.
AT.alb
Enclosures
cc: Department Heads
City Clerk
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MEMORANDUM
DATE: October 21, 1994
TO: Scn A.uscin
Joe Drew
Alan Tandy
FROM: Dan'Young
RE: Stadium Project
I spenc Thursday, Occober 20th in Bakcrsfield. I met wi�h Don Andrews of che Fairgrounds Soard
of Directors, toured the Faciliry and thcn mec with Raul Rojas and Lee Anderson in the afternoon.
From my txaeedng with Mx. Andrews and hearing about Lee's meeting with che Faiz Manager, we
lcarned rhe following:
1) They are in.teresced in che stadium projcct.
2) They beiieve there is synergy in programming as well as savings of operacing costs.
3) They do not have $3 million, buc would apply perhaps with che scare who has $3 million
available for all state fairs. This would be an RFP process and, according to the Fair Manager
would be a loan in any event.
In my tn�eeting wich Raul and I.ee chey are helping me wi� the foilowing:
1) Raul is contacting Roger McInLOSh to make surc he is comforcable wirh the offsite numbcrs.
2)
3)
Raul is going to arrange a ciry meeting wirh Cascle and Cooke to define the fee credits issue.
Lee gave me adv�ce on che sports complex and wilt be working with me on xts conceptual
design.
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� Lee has mec wich the Superin�tenden� of Schools who is very interested in havi�g one or more
high schools play football in che scadiu,r�. Lee will be asking tl�e Superincendenc to wzire a
letter to thac effecc. Hc will also �alk to rhe Soos�cr Clubs on their efforts ro raise money for
a "stadium".
Finally, I dropped by the finance deparcmcnt and �alked co Greg about the Union issue. Hc has
talked brie9y to theic tecl�aical representative and T am scheduled eo do che same when� he retutns
from New York. Noching ncw on �ha� yet.
Sent VtQ Fi�csimdle to:
Ben Austin
Joe Drew
Alan Tandy
Rogec Mc�neosh
Randy Wheeler
(805) G31-2819
(805) 325-397�
(80S) 324-1850
(805) 834-0972
(805) G64�-604�2
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MEMORANDUM
DATE: October 25> 1994
TO: Ben Auscin
joe Drew
Alan Tandy
Greg Klimko
FROM: Dan Young
R�: Union Financing - S[adiu�n Project
I talked wich Jim McKinnah represen�ing the union pension funds ycsterday. Akcr bricfing him oa
che projecc he oi�ered several conclusions:
1, He a�nd his cliencs would iook ac rhis financing as they would any othe�r �eal cstatc dcal - no
apecial advantages.
2. They would demaixd a£trst Crust dccd on the stadium even if they received the pledge of the
assessmcnc district. He was very concerned about noc have che additional collateral of thc
full faith and credir of the city and counry.
3. They are a tax-excnnpt organiaacion and have no ii�ceresc in tax-exempt bonds.
4. They would look at bcit�g thc construction lender if a firm bond issue take-out was in placc.
I-�e wamcd me chac che consccuccion loan from them v�rould be more expensive than a bank
5. For a permanent loan �hey would only consider a 7-8 year cerm.
It� summary, I do noc see any apparen�t financial advancages. 7 cried numerous times to ptobe che
jobs issue etc. with absolucely no luck.
F6A9(81L17Y 4TUDIS6. PRR-C(riVPI'RULTION MANAI:CM1iNT • COTIS'1�NUCTION MA�A6FMf.NT � i',1CII.17Y MANAGEMENT • RECRPnTIUtj PROJl{("LS • ISn`fNR'tnlNMit�tT rAtiLMRI • PIlALIC �RUJFI'!'S
( .,,_. ,.; , OCT 26 ' 94 01 � 45PM 7277008
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MEIV�ORAI�DXJM
DATE: October 26, 1994
TO: Ben .A,uscin
Joe Drcw
Alan Tandy
Lee Andcrsot�
FROM: Dan Young
RE: Stadium Project
I met wirh HNTB Sports Atchiceccure and EPT, a land planni�g firm this wcek to begin chc process
of a conceptual sice platl foc the Old River / Gosford sice. I�NTB will concencrace on thc scadium
and associated paxking and EPT will provide a conceptual plan for the adjaceuc sporrs pazk.
I have asked I�1ovd Erickson of EPT to contact Lee Anderson aud work through hxm oa the program
for the spozts park �omplex.
Thesc drawings will be pazt of the final repon.
CC: Randy Wheeler
. Roger McIntosh
YL�dIDILIiT SR'DILE • PR6fiOP�6TItUCTtoN MANn�RM�tntT • COIVFT4l'CTIUN MAI/AC6MFN'f � FACII.ITY M�IVACi.\1iNT � RfCRF.\TIOtt YRWCCT3 • CPI fC6T�1N�IIWT PACILISIIt� •!'UYL[C PYO)1LC1'tt
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MEMORANDUM
TO: Alan Tandy, City Manager
John Stinson, Assistant City Manager
Gail Waiters, Assistant City Manager
Judy Skousen, City Attorney
Steve Brummer, Police Chief
Mike Kelly, Fire Chief
Raul Rojas, Public Works Director
Lee Andersen, Community Services Manager
Jack Hardisty, Planning Director
Jake Wager, Economic Development Director
Gregory Klimko, Finance Director
_. ,___ , .
FROM: Gene Bogart, Water and Sanitation Manage
SUBJECT: APPOINTMENT OF WATER SUPERINTENDENT
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October 24, 1994
Patrick E. Hauphnan has been selected to fill the vacant Water Superintendent
position with the Water and Sanita.tion Department. His appointment will be effective
October 25, 1994.
Pat is a Bakersfield native, graduating from both Bakersfield College (1978) and from
California State University Bakersfield in 1983 with a B.S. degree in Geology/Earth Science.
Pat brings with him over ten years supervisory experience in both Kern River and domestic
water operations, including the City's water banking program. Pat brings enthusiasm, a
strong computer background and leadership skills to his new position.
We congratulate Pat on his promotion.
GB:sr
cc: Flom Core, Water Resources Director
Janet McCrea, Human Resources Supervisor
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M E M O R A N D U M
"WE CARE"
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TO: Alan Tandy, City Manager
FROM: M. R. Kelly, Fire Chief �L
DATE: October 26, 1994
SUBJECT: Artifact
------------------------------------------------------------------
Attached is some information regarding the artifact that was dis-
covered during construction at Fire Station #1 on Thursday, October
20, 1994.
The day of the discovery and the following day when the majority of
the follow-up investigation was conducted, I was in and out of the
office at various meetings. I have asked our Administrative Tech,
Cathy Taylor, to compile this information for you since she was
here the entire time and is possibly more aware of all of the facts
involved than I.
I have also included a picture which should add further clarifica-
tion to the artifact.
. .� , :
ON THE MORNING OF THURSDAY, OCTOBER 20, 1994, A REMARKABLE DISCOVERY
WAS MADE DURING A CONSTRUCTION PROJECT AT THE CENTRAL FIRE STATION
AT 21 ST AND H STREETS. THE PARKING AREA IN BACK OF THE FIRE STATION
WAS BEING REDONE BY THE PUBLIC WORKS DEPARTMENT. AFTER MANY LOADS OF
ASPHALT AND CONCRETE HAD BEEN REMOVED AND HAULED AWAY, TRENCHES WERE
DUG TO REPLACE PIPES AND INSTALL NEW ONES FOR DRAINAGE. IN ONE OF THESE
TRENCHES AN INDIAN ARTIFACT WAS EXPOSED. A PORTABLE MORTAR BOWL WITH
PESTLE WAS DISCOVERED APPROXIMATELY 36 INCHES BENEATH THE EARTH, WHICH
WAS BELOW AN OLD FOUNDATION BELIEVED TO BE A FENCE AT THE SCHOOL
WHICH OCCUPIED THE SITE PRIOR TO 1939 WHEN FIRE STATION 1 WAS BUILT. THE
BOWL AND PESTLE WERE IN EXCELLENT CONDITION. THE BOWL WAS APPROXIMATELY
THE SIZE OF A BOWLING BALL AND VERY HEAVY. THE PESTLE LOOKED SIMILAR
TO A LONG, BAKING POTATO.
THE DISCOVERY WAS RELAYED TO CALIFORNIA STATE UNIVERSITY, BAKERSFIELD AND
THE AMERICAN INDIAN COUNCIL OF CENTRAL CALIFORNIA.
CAL STATE'S ARCHAEOLOGICAL INFORMATION CENTER SENT PERSONNEL TO THE
SITE TO INSPECT THE TRENCH AND THE ARTIFACT. DR. MARK SUTTON AND
CATHERINE PRUETT, BOTH OF CAL STATE, INSPECTED THE SITE AND INITIATED
A FURTHER INSPECTION OF THE AREA WHICH WAS COMPLETED ON MONDAY, OCT 24TH.
THEIR DIGGING AND SIFTING OF THE AREA PRODUCED A PIECE OF OLD—FASHIONED
CHALK, POSSIBLY FROM THE OLD SCHOOL, SOME BUTTONS, AND A MARBLE—LIKE
OBJECT WHICH COULD HAVE BEEN A CHILD'S TOY. ON THE DAY OF THE DISCOVERY,
26—Oct-94
� � _.~.
RON (WINTERHAWl� SMITH, INTERIM EXECUTIVE DIRECTOR OF THE AMERICAN
INDIAN COUNCIL OF CENTRAL CALIFORNIA ALSO CAME TO INSPECT THE
SITE AND THE ARTIFACT. HE AND THE CAL STATE TEAM WERE IN AGREEMENT THAT
THE BOWL WAS PROBABLY USED FOR FOOD PREPARATION BY THE YOKUTS TRIBE
KNOWN TO HAVE DWELLED IN THIS AREA. THEY INDICATED THE ARTfFACT COULD
QUITE POSSIBLY BE THOUSANDS OF YEARS OLD. WHEN A FIND SUCH AS THIS
OCCURS, IT IS TRIBAL CUSTOM TO HAVE THE SITE BLESSED BY A TRIBAL MEDICINE
MAN, AND THIS WAS DONE BY J. R. MANUAL OF THE YOKUTS TRIBE.
THE MEDICINE MAN WAS BROUGHT TO THE SITE BY MR. ROBERT GOMEZ.
RON (WINTERHAWl� SMITH EXPRESSED CONCERN THAT THE AREA COULD PRODUCE
ARTIFACTS INDICATING A CEREMONIAL OR BURIAL GROUND, WHICH WOULD BE OF
MAJOR CONCERN TO BOTH THE INDIANS AND THE ARCHOEOLOGICAL TEAM.
HOWEVER, NOTHING WAS FOUND TO INDICATE THAT.
AFTER SUCH A DISCOVERY IT IS APPARENTLY STATE LAW THAT AN ARCHAEOLOGICAL
STUDY BE CONDUCTED. THEREFORE, THE BOWL AND PESTLE WERE TURNED OVER TO
THE CAL STATE TEAM FOR THAT PURPOSE. IT IS EXPECTED THE STUDY COULD TAKE
FROM TWO TO THREE MONTHS TO COMPLETE.
THE EVENTS OF THE DAY WERE BROADCAST ON CHANNEL 23 NEWS BY RON FINEMAN.
26 — Oct— 94
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TO
FROM
DATE
MEMORANDUM
Alan Tandy, City Manager
Lee Andersen, Community Services
October 25, 1994
Manager �
SUBJECT SEASONS PARK PROJECT/HARRIS AND WINTER GROVE DRIVE
St. Clair Development has been constructing a nine (9) acre park in
the southwest area known as Seasons Park. This project is very
similar to the Sil�rer Creek Park project in that the developer owns
and develops a park on his land, then deeds it over to the City.
During the final stages of this project, the City developed a punch
list so we could finalize the agreement. One of the big items of
discussion, was the construction of the basketball courts. The
concrete surface had deep cracks throughout the surface. This was
totally unacceptable.
The contractor had various concrete tests performed which indicated
the mix met the specifications. They claim there should have been
saw cuts required thus alleviating the stress cracks. Our
specifications indicate the cuts are unnecessary because other City
courts have experienced little cracking over time. The City feels
there may be other reasons for the cracking such as; poured when it
was too hot, poured the entire arEa at once, reinforcement wire not
placed properly, not enough compaction of base, etc.
The contractor has removed all of the concrete surface of the
basketball area and have reformed and prepared the area for
pouring. They have began pouring the slabs today and will complete
the process in several days. A City inspector has been watching
the project.
Jennie Eng, Planning Department and Laura Marino of the Attorney's
Office were consulted while the above process and decision was
being made not to accept the concrete work and have it removed from
the Council agenda on November 2, 1994.
Attached you will find some of the background information.
AA:LA:bao'd
seasons.memodisk
attachments
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September 26, 1994
Mr. Frank St. Claire
$ St. Claire Development
3401 Wible Road
Bakersfield, CA 93309
RE: Seasons Park Project Construction Inspection
Dear Frank:
A walk through of Seasons Fark was conducted on September 23, 1994
at Seasons Park with the following individuals in attendance:
Frank Fabbri, Park Superintendent, Mike Doyle and Neil Tierney,
Park Supervisors, Allen Abe, Assistant Park Superintendent, and
Bill Overton, contractor of project.
I don't think you will be able to meet the deadline for the October
12, 1994 City Council acceptance.
The following items were discussed and need attention:
l. Berms are required around the trees. Spec L-10, Page L7
2. The NW corner of par�c. The sidewalk areas are supposed to
drain water to tne soutn.
3. Trash cans - The existing trash cans do not meet City
specs. Trash can racks were to hold three cans each.
Trash cans specs: 32 gallon hot dipped galvanized #5132
by Northwest Metal Products. Meets or exceeds Federal
spec RR-G-82d.
4. Regrade those low areas in park holding water.
5. Shrub beds - Shrub bed areas must be chemically sprayed so
they are weed free.
6. Playground area:
a. C-springs animals-They need to be replaced with
proper equipment. Rubber Spring assembly Game
Time #102884. (Check with Ralph Adame)
4101 TRUXTUN AVENUE BAKERSFiELD, CALIFORNIA 93309 (805) 326•3117
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Page 2
Seasons Parx
7. Trees and Plants
a. Plant material is dying and needs to be replaced
(near syphon breaker in slab area).
b. Southwest side - 1 Eucalyptus, 1 Redwood needs
to be replaced.
c. South side - 4 shruDS need to be replaced.
1 Eucalyptus 1 Redwood
8. Southwest area - correct low area holding water
9. Basketball court area - cracks throughout surface area -
unacceptable. Needs to be replaced.
20. Smvozh and rake out ruts, tire marks, hvles in turf area.
II. Light and pales - trees are too close to poies (relocate)
Landscape spec 4 page L5
12. Secur�ty Iights - photo celis in individual poies - need
to get a central switch point rather than an individual
pole. (No way to test lighting currently)
13. Cracked concrete areas -
a. South of swing areas (sidewalks)
b. West of slide area (sidewalks)
c. North of slide area {sidewalks)
14. Sand azeas - provide to City a receipt of sand purchase
verifying specs.
15. Irrigation heads distribution - we have a concern the
current installation design of heads might not be giving
us the desired coverage.
16. Basketball court. Paint lines as per plans. (page L3)
17. Irrigation clocks weze to be installed in a Lemure
enclosure. Irrigation note 9, page L-6. See plans.
18. Landsca�e Note #6 - Page L5 - plant trees no closer than
15 from walks and curbs.
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PaQe 3
Seasons Parx
�°. Coniir.n to grade saecifications L1I, Page L-7 sidewalks
�nust be at 1" above grade.
�0. Spacing on t�ees shall not �e iess than their diameter at
maturity. Landscape spec, 713 page L-8.
21. Light poles need to be galvanized and painted.
22. Slide exit chutes need to have a minimum clearance of 7"
from bottom of slide to normal level of sand.
Please give me a call at your convenience to set a meeting to
discuss these items.
Sincereiy,
Frank Fabbri
Parks Superintendent
by
C�- �
Allen Abe
Assistant Parks Su�erintendent
FF:AA:eb
season.letter
cc:Lee Andersen
Jennie Eng
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; Septe
� Frank
� Parks
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�2his 1
Septem
to be
AF�er :
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1994
S� CIaiT �eve�o�mettt
�401 Wible Rd.
Bakersfield, Ca. 933�9
alabri
uperin�endent
Bons Park Punch list
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k F'abbri,
er is ta rast�ond ta the ietter you 8ent us dated
26, 1994. Your letter contained 22 i'Cems that needed
pleted in order for the City to accept Seasons Park.
ting with you today we i:ave come to an aqreemertt on what
Will accept tq approv� the park. Please re�Cex tO your
12tter for the nvmber iteras requested by �he City.
'Dishes around trees are okay.
iFrench cirain to remove excess water okay. .
' z4 cans total and 2 new racks and new specs okay. '�f�? �.i;3-��(-t�
�Add sand to low areas later. r
� Okay
� Okay
�Replace dead treea with ones that were too close �o
� ligh�s.
;Checkinq grade with ��gineer.
�Checking on cernen� �ix with engineer.
Okay
okay
Leave lights the way they are as per plan.
i 4kay
� Okay
!.Okay check coverage at later da�e.
� Okay
�Okay
�Deep root barrier instead or mova,ng trees.
�Leave grad2s as they are.
�Deep root barrier instead of moving trees as per city
' plan.
� �. Checking if galvanized.
.�I,eave slide alone as per manu�acturer speCS, City is
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� checkinq on specs, `� — �,.
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Please � espond with a follow up letter.��---.�.;..;,�.,�::..�:��.. �_.«,-,�,_;+�,-�;,��4
Sincere2�, '� �
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Brad St' Claix Frank St. Clair
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Oct 16 I994 s��,;;
Frank abbri y� ���"T
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ParK� uper�ntenden� �� • -�•� • � � �
City�P rks and Rec
City;o Bakersfield
�ubjec : BasKerba�x court at Seasons park.
Daar'S'rs,
AfteX � vi.ewing a11 aspects of the basketball caurt
includz�g a chemicai test o� the cement and site visits to
other b�aaketbali couri;s malntained and or bui].t by �he eity
of BaKe�rsfield Parks and l�ec.
we t�a
1. The
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: All
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Horizons) do ta3�e this pasition.
racking in the cement at 5easans is because oE not
h expans3on jornts.
�her courts xn Bakersfiel,d have sawcuts or expansion
s from ten to twenty feet and these stilY have scme
� cYac ing to extensive cracking.
;
2. Afte saw-cutting th� court at seasons parK the cement
f has toppad cracking and the existing cracks have not
: en2a ged. The exis�ing cracks are about Zi�teen fee�
� apar and all travel a.n and to the Scey-ways that Were
orig na11y installed. Where more expansion was ne2ded.
•Bacauae we constructed the basketbali court per your design.
liie can ot rep3ace the couzt withaut written directives.
From co nciz we have xitii your permission given the court at
season�s raom to expanci which is the only feasible salution.
We 'wi�ll not r2place the court at Seasons just for expansion
joints.
I Since,re y,
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20 October 1994
Mr. Frank St. Clair
� St. Clair Development
3401 Wible Road
Bakersfield, California 93309
RE : SEASOI3S PARK PR03ECT
Dear Frank:
O°
The following items require your attention.
# 2 - FRENCH DRAIN- NQRTH-END
The drain cover is plastic and is not acceptable. It should
be metal material. There are two (2) other areas, 20 yards
east ot the above drain, that also needs to be drained.
� 5 - SHRUB BEDS
Al1 beds need to be sprayed with a pre-emergent chemical for
weeds.
� 9 - BASKETBALL COURT AREA
Cracks throughout surface area is still unacceptable.
#16 - BASKETBALL COURT SURFACE
Paint lines as per plans.
#10 - PARK AREA
There are still ruts in the park turf and need to be raked
and leveled.
#15 - IRRIGATION HEAD DISTRIBUTION
In order to address our concern over the desired irrigation
head coverage, both parties have agreed to inspect the
irrigated areas in the spring to determine the success ot the
design.
#17 - IRRiGATION CLOCKS PROTECTIVE ENCLOSURE
An agreement in a letter form has been provided by the
contractor to replace any damaged or vandalized irrigation
clacks.
410# TRUXTUN AVENUE BAKERSFIELD, CALIFORNIA 93309 (805) 326-3117
�i S:
Page 2 of 2
20 October 1994
SEASONS PARK PROJECT
21 - ALVANIZfiD POLES
# �
Poles have been proven not to be galvanized. The non-
galvanized poles that were instalied will be accepted only if
the City receives a letter from the pole manufacturer with a
guarantee of ten (10) years. The City has not received this
letter to date.
PLANTED TURF AREAS
The rye, fescue, and bermuda mix is not germinating
sufficiently to last th�ough the winter. A rye/fescue mix
should be planted at this time. Currently we have a
tremendous amount of weed growth at the park. This also
needs to be taken care of through eradication.
If you have any questions, please call me at 326-3117.
AA:pah
seasons:Ietterdisk
` . � . �aif
s , . _.
Oct 20 1994
Ailen Abe
Ciby Parks a�d Rec
City Cf Bakers�ield
Subject� Request for fnspection
Dear Allen
Go].f Horizons is requesting a inspector at Harr2a and Wilater
Gro�e IIrive (s�asaa Park) hat�een the hours of 1;OOpm and
�: 30pca on Oct 2�#th 1994.
Th1Tik you and pleaBe ca11 838 3456 if this is not
�xceptable.
Respect£ul�y aubmitted
Bill Overton
P.O. �oc 4i525
Bdmrsfl�d. CA
g3304-9998
( (80S) 831-8031
Enginee�ing SuPP�rt
� 10i21i94
14 =�5 MAR-iJ I STR �+ 805 327 8382
october 2t, ts4a
T0: ALL CONC'�B�RNFD
9UBI�CT: POL�S A? SEA50NS PARK
N0.2a2 D02
I, Marlc Yaung, as the peraon wha sold the �les for #his project, �witi warranty tha pales
far a p�eriod of frve (S) yasrs from dAte af shipmant.
This warrsnty covers paint not tv peel and poles nflt to rust under normal condiuoae. This
we:ra�ty doe� not wver abuse, vandsti�n, flr aay �ther eircumstaaces other than the
normal weathoring procag9.
This offer ie ma�ds based ugon tbo undorstanding that I did not supply gslvanixed polea,
aaly painted, and that I quoted and su�pl;ed a painted gale bsszd ugon tha informatian I
was givon at time of bid. i make this o$�er ar�y in eri effort to h�lg the developer �rcd th�
city to reacb a sectlement oPthis problem.
Sin�eiy,
e�i�����
Mark Xoung
MYlma
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c:UAiSULID�'IEU ELi�C�T!'tll::1L lil:�l . , i_r�...
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BAKEH:�F1:ELli, CA. y.i3��
{�VLr' Nuk1'Luhb
PO �uX �15�5
tsRK�Fi�iF�Il�LU► �A. y33U�
ATTN: Bl'LL U4E1tTt?N
Y�lt OUR CC►NS+'ERSA�TTU?4, Br: �L+iiSEli SH:�! iri� c�GL��f< t�JR i�.�L4�Vt:t:�+� SFi�
YULE� AT BEALiUNS kAf:l� Ib ;��.1t�. u�� rElc PvLH�.
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ZOd Q'I3I3SZi3}I!!S Q3�� y�id90 : EO q6 "T z'[] i �
St. Clair Development
3401 Wible Rd.
Bakersfield, Ca. 93309
Allen Abe
Frank Fabri
City of Bakersfield
Parks Department
4101 Truxtun Avenue
Sakersfield, CA. 93309
IN RE: Seasons Park
Dear Allen & Frank:
It is my wish to be placed on the November 2nd. City Council
agenda.
I am in the process of co�pletinq all the maintenance items that
you submitted to us for Seasons Park, including the concrete slab
f�r the basketball court. �Ve plan to construct per City
standards, with expansion joint and saw cuts in the appropriate
locations. If the City elects to no saw cuts, the basketball
cour� will not be warran�ed by the cement contractor. All work
is to be completed by us :�,�� =��c ��oTrember 2nd. City Council
Meeting.
I currently have a sure�y bond with First Interstate Bank in the
amount of $325,000.00 shouid any ot the work become defective at
a later date.
If you have any questions, please contact me.
Sincerely
ST. CLAIR DEVELOPMENT
�,�--��_ _ j
�_i _� � j''
� - - - .
Frank St. Clair
General Partner
lh
� q�T-14-1994 15�44 FROM KRAZAN &�iSSpCIAiES, INC, TO
-�= Qr�����
4�orato�ies � j
772 Mu,rj�byi Crccic Road • p.D. Box
�Crazan 8� Associa�ea, Inc.
134 East �Nocris l�dad
8ak�csfi d, CA R3308
Attji: c_ Gteg D. Walker
Re�
Irt a
Th� cor+
�n�I�si4
mix, �st
concrete
• ivturphy�, CA � 932q7-0485 � {209)
is of Concrete Care Specimen
t: 5easons P�k
Baketsfleld, CA
K&A Prc�ject IYa 893-004
:ordance wIEh your r�qu
w�s report�dly obtained
vere tv det�rrnin� the ce
natC tt�8 WA�tr-cCment �
�
8�45 20 P.92
;�
�AX: �28� �2S!
i �
��tob�r 1��
�
�
J�b No. Cy2F
�
E994
, a hacdened conarete core was recefved for an�iy� i�.
�m t�ie above ze�e.resaced projeet. �'he obj�hv�s f the
r1t c;ontet�t, detect the pres�nc:$ of�an3► �ozzblan� i i ti�e
� and determine tho maxinsum size aggregate ir� ti�e
�
The cement corttont was dctG uted by tho M�leio Acid S�Ieetivt Solution Met�o ,
W�teF- +mertt ratio w�s ch�miaal calculatat bssed on ttie cemont �tld w�ttr cvtrte�tt ata
and an �sumGd aggregate absorp !on valua of 1.5� to adjust the total water contetit alue.
Par ians of the ptrlveri�ed s� pte for cement content were scroened over a No: 3 S sierc.
ThC t11t us No. 325 materiat w�s mo�nted in a ser�es af refractive iadex oils o�n gt��8 slide8
�nd exa ined wit}� a petrogr�phi microscope. Fly �sh content was vieuaity estimate on a
vfllvmc asls. M�ximum size a$ regats was detarmined on saw cut surfac�s. -
submitted care speoimo meaaured 3�I,� in, iu diaJOUetec and 3a/4 �, in �et�gth,
ing $teet mcah v��s 1o�at d 311� �t�. fxom the top. The top �urfac� of th� ec�r�
:�y ecated to lntaQt. Th �ora w�.s �ot tabeled.
-- �,_,�.--.__.�, .
_. _. - . ..�;
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- - - - �,��::.:. �
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.. .. . .. . . . .. .. ..... .___. . ...---- --- -• - �---.... ._.— �---- . . ......._._. ..... . ( .
� . ..
, OCT-14-1994 15�44 FROM KRA7AN & ASSOCIATES� It�IC. TO � � 834$1 0 P.03
�,
� �_ xra�at� &� Associat�s, Inc. �
Job Na. �2857-94 �
qacaber t , 1994 , '
P�e 2 '
�
. �
T '
�
�. Tl�e r sult� of' ths t;ement conte t dete�rmination were as below. � . �
�
Ilnit Free COmbined Cement � C.
ja�gtnr^.� �,�le ��e Con ent� 4�v �-
� .
tS0 5 5�74 1,94 9.63 4.� i 0� G5
�
2. 'I'he ncretc contained fly ash, Th� amount of fly ash was approximat�ly 7-10% f tha
p�ste 8y volume, tivhicti was f iriy eonsistent with a� fty ash concrete with a iS �
I n��t faccor b w�i�ht '
rep s� t e y .
3. �faxtmum si2e agg.regate was � Y�St,
�
i
,
1. Thc mcn� �antent was deter incd to be 4.2 scy. �'hia value included the portl,an
ceme t and a portion of the fl ash which was detcct�d by petrographta macht�d�.
ccme t contenc vaiue did not r resent toral eementitious u�ate�riais, Gtt��ant �st�
AST rouud r�bin tosting h�s indicat�d that up ta 44% Of t�l� fly ash triay be iticl
lct t�� o4tnont content result b tl�e Maleic Acid procedure. Assumiug tllat d�o t1y
con nt iti the mix wPw ! 5 R5, ttd 0� to a096 of thc fiy asli was extracted from �d��
chc ical �nalys�s� tho weight f ti�� mix componertts w�te aS follows. �
�„Q tr t �,Q4� Flv As1t',�xtrt��ted
,
Gem nt, pcy �92 �b7 ;
_.T�. _� _
Fly sh, pcy t � Y�9�. ��.�,� ;. ._� __�..__. , ._ --- ,� 6S ; I
�; �+�QR. C���Gr�NA� :� ;
Tota Ccmentitious � - - - �
M�t riats, scy �.4 s�c�' 4,6 s a.c:�
Wat r-Cemsnt R�ti� 0,55 O.S9 ;
Ti�e ue ce�re�tt conienE, fty � h content, and wator-cemeat ratio probaply feil be
tties , vaiucs. � �
'' 'OCT�14-1994 15:45 FROM KRA7.AN 8 ASSOCIATES. INC. TO
Kr� & Associatc,s, �nc,
.Tob No. -z857-94
Qotvber i , 1994
fiage 3 , , . ,
2. Maxi utn size aggregatc was
Shou at�y quest�on9 Arise ct
Raspectfu�iy submittad,
i1�IC1�0- I�NII.AB4RA
�
Robert C 4'Neill
Principal Fetrogta�ticr
ab58345120 P.01
834a1 0 P,04
i .
i
, �
; �
;
�i to be'!, in. '
�
the fl�xlings �f tbis repott, please co�tact th,
,
. i�'
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R�pH�r�am �
Samplej
,
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: The aampl wiiI be storeci for a period of s3x months and theca fter �
discarded. Char�ca far additional sarnple stora�e t�nza ancUQr hipping �
of khs sa le wllt be biiled to the client. • �
E, r�.�._._�_.__..,� . . - •,� � .
�� ��0� OR��I�N��. .� ; :
_ _ _._ _� � �
� f \I
,: ' y Thc
v�r��w�.• •�M�w I
�ruc cement comenc, fiy �
d v�iues.
v.�� . r�vi �
contes�t. and wat�cemenc ratio probably fcll bet
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�980
24 October 1994
Mr. Frank St. Clair
� St. Clair Development
3401 Wible Road
BakersfieI.d, California 93309
�D
��
�
RE: LIGHTING POLES AT SEASON'S PARK
Dear Frank:
This is a followup of our telephone conversation we had on October
21, 1994 regarding the warranty on the lighting poles at Seasons
Park. I am in receipt of a fax from Mark Young stating the
warranty is for five (5) years on the po3.es installed.
Several weeks ago we had a discussion on this matter and had agreed
to a ten (10} year warranty period for the existing poles. If this
=�as agreed upon warranty, it is now not acceptable. Another
solution to the problem needs to be addressed and resolved.
In my opinion there are twa ( 2) possi.ble solutions to the above
matter. Warranty the non-galvanized poles for ten (10) years or
dfsmantle the non-galvanized poles and install galvanized lighting
poles.
Please let me know your thoughts on this issue.
Very truly yours,
FRANK FABBRI
Park Superintendent
v "�
by: Allen Abe
Assistant Park Superintendent
FF:AA:pah
po.Zessp.memodisk
410i TEtUXTUN AVENUE BAKERSFIELD, CALiFORNIA 93309 (8U5) 326•3117
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Ct�N50LIlyAT�D ELECTRIC:.AL D�STRIBUTUi'c:i, �N�:.
: 1'133 32ND.ST.
BAKERBP'Ik�LD, CA. 933U:1
GOLF HORI�ON�
PO BOX 9'15eZ5
BAKER�FIELD, CA. 933U4
A`1"rN : B'1' LL aYSR'i'ON
t $ER OUk CANVERSA2'TqlV B�;GARDIMt� TH�; WAf�HANTY G� THE kAINT OAI TH�
� SEVENTEEN ST�EL P�IINTEU F'ULES SUP1'1�iEi� �i'k" i:.E.A„ isA1:�Itt�i'�ELD. �'U
� GOLF HOltT�O[�S FoR THE SEAt�tiy3 �ARk LuCAT�G �7 531�U kACtRi� k1i. �
, BAK$RSFTE�LD, GA..
� C.E.A. BAK�R3FTELD. LOCATED AT: ll�:i • 3ilt+�D. #3T. � 9AKE1t:i�ICLD. G:�.
, 93301., � WILL WARRANTY THE P�,IN'P NuT Tu PEEL Uk kUb2' UNLLk Nuki�lAL
� � C�NDi'TIONS FOR A PERi4A uE lU Y�Ak� �'ltGCi TEfs U��'E f�F aHTrSjElJT.
� THIG WARRAN'1'Y AOE9 NOT CUti'EI: t1Y�l"��i�+� 1�c�1dLALISM, Ok c`'►l�i� UIIiEk
• CIRCUM�TANC�S OTHLR THAN Tfi� NOitMAL W�ATMER]:,'�G F�rtOC��� .
T}iA�1K YOU FOR YGUR �OtiPEkATTCsN.
N.L Y
NAGER •
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��' ;t,•• , ...�,.r"�;•:'' CON90YiID3�TED ELECTRTCA,L DIST�{ISU2'ORS, IHC.
. • �'�°�� �`c : " . �133 3�ND. BT. '
` ��BAKERBFIBLD, CA. 93301
, -
�'; . CITY OF BAK�RSFISLD
•; � : PARKS DBPT .
i.
' �„•. i�. �y• ,
,�r ATTN2 ALLBN ABE
.; '% .. P$R OLIR CON�fER3ATION REGAkDING THE WAI2RANTY OF TH.E PATNT UN `I'H�
'� '� � •� B�YfNTSEN S'�'ESL BAINTED P�LFS BUPPLI�:D BY C.E.D. , isAY:�k8F7.ELD, TU
�'y- .' �. . aOLF �iQRYZONS FOR TFi� SEASGN3 PARK LOCr1Tk�U AT 53UU HARRI� 1tL. .
, ' ' . .BAKERSFIELD r �:A. .
�Y . . : , , � �' . • .
:''i '•"'' ' �.E'.D. SAKER3F1E7LD� LOCAT�.D �i`I': 113:i 331VG ST. BAK�;R�FIELD, CA.
'r t ' 933U1 � WILL �iARRANT'Y THE �'AIN'�' Nv'1' PEEL aFt RUbT UNU$lt NOkMAL
' CONDIT241V8 FOR A P$RTOD OF 1U �C'EARB E`itOrl THE GA�rE vF 3HIPDlENT_
.i ����: � �. r THIB � WAARANTY DQES NOT CUYEtt AFst1�S, Vfll�iLA1.�IbM.� OR 'L�NY iJTHEft
' CI�CUMST�riiCSS OTHER THAN Z'H� N�?1tMAL W�;A'.1`H�l�ING •PRGCESS . �
� � . . -.�:' , . � THANK YOIJ FOR YQi3x COOP$RATTON. . �
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FIRST POUR I SECOND POUR
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BREAK CORNER wITH EDGI�
TOOL WNERE PAVEMENT AC �
PROVIDE I" RAp. W�-IERE
At�JO1NING TURF. �
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-fYPICAL EGGE �OfZC�Ei�
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BREAK CORNER wITN EDGtNG
T�OL WHERE PAVEMENT ADJOINS .
PROVIDE 1" RAU. WNERE
ADJOINING TURF.
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FROM:
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SUBJECT:
�
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
'�" ��
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(��� ��6��a��:� ° : r : � :
October 20, 9 994
Jake Wager, Economic Development Director
George Gonzales, Community Development Coordinato
New CDBG Funded Capital Improvement Construction Pro� ct (CIP)
On July 20, 1993, the City Council awarded a contract to the Griffith Company to
install street improvements at various locations throughout CDBG eligible
neighborhood. Griffith Company will start construction about November 7, 1994.
Total contract amount for this project is 5226,975. Scheduled completion date for
this project is February 7, 1995 (seventy working days). The work to be
performed consists of the following:
1) Constructing curb and gutter, wheelchair ramps, alley crossdrains, drive
approaches and pavement tie-in on "0" Street on the west side of "O"
Street, south of 40th Street (Ward 2); Dobrusky Drive Area bounded by
Brundage Lane on the north, "P" Street on the east, Dobrusky Drive on the
south and the western terminus of Dobrusky Drive on the west (Ward 11;
Dolores Street Area bounded by East Truxtun Avenue on the north, Baker
Street on the east, East California Avenue on the south and Inyo Street on
the west (Ward 21; and Inyo Street between Pacific and Oregon Streets
(Ward 2). In addition a storm drain is to be constructed on Tulare Street
(Ward 2).
2) Constructing a cul-de-sac, complete with curb, gutter, sidewalk, stamped
concrete, irrigation and landscaping on Ralston Street on the west side of
Lakeview Avenue (Ward 1).
3) Constructing a sump, complete with perimeter fence, and adjacent
improvements: curb, gutter and sidewalk, in Panama #10 at the northeast
corner of the Nadeau and Encino Street intersection. In addition, a portion of
Nadeau Street is to be widened and a storm drain is to be installed (Ward 7).
Following is a summary of the amounts of improvements to be installed: 4,106
lineal feet of curb and gutter, 3,810 square feet of sidewalk, 156 lineal feet of 18"
storm drain pipe and 695 lineal feet of chain link fencing.
�
Im:DB9/CIP.MEM
woRtclH�
...................
� LIFORNIA'S
F U T U R E
Annual C onf erence
Resolutions Voting Packet
General Assembly
96th Annual Conference
Long Beach
October 25, 1994
::��Q
:�� League of
>'�� California Cities
:>�a�
1 � _�_���._� _ �__ � _ �11 M � � � u �u 1 Y M Y �} : �1 �� :
The General Resolutions Committee of the League, appointed by President Bob Bartlett,
in accordance with League Bylaws, has met and considered each resolution presented to it.
The resolutions contained in this packet represent only those resolutions approved by the
Committee. Their numbers oorrespond to the numbers of the resolutions c�ntained in the
original pacloet, dated September 19, 1994. These were mailed to cities on that date and were
available to delegates at the commencement of the Confes�eace. .. _ .y
The Committee considered 30 of the 32 resolutions subautted; resolutions 10 and 29 were
withdrawn by their sponsors. Of the 30 resolutions, 17 are forvvarded to the General Assembly
for adoption. Not included in this packet are 8 resolutions that were refened to the Board of
Directors of the League for assignment to appropriate policy committees of the League for
further study. Resolutions were referred to the Board in those cases in which th�re was
insufficient information available to enable the Committe� to approve or disappm�ve the
resolutions on their merit, or for which further study and review was felt appropriate:. Failu.re
of the General Resolutions Committee to recommend adoption of these resolutions by the
General Assembly does not mean that they will not receive further consideration or be approved
at a later date.
Also not in this packet are 5 resolutions that were indicated for No Action or Disapproval
by the General Resolutions Committee.
Policy committees, as well as the General Resolutions Committee, have made changes
in the wording of some resolutions from what was contained in the original packet dated
September 19, 1994. All changes are shown in this packet. Words deleted are shown with a
strikeover, and additional wording is shown in italics.
,:�.�s
PRELIlI�TARY HISTORY OF RESOLUI'IONS
Resolutions have been grouped by policy committees to which they have been
assigned. Please note some resolutions have been assigned to mone thun one
comminee. These resolutions are noted by this sign (�).
KEY TO REVIEWING BODIES KEY TO ACTIONS TAKEN
1. Policy Committee - Preliminary A- Approve
2. Policy Committee - Final D- Disapprove
3. �Ceneral Resolutions Committee N- No Action
4. General Assembly
ACTTON FOOTNOTES
* Subject matter covered in
another resolution
** Policy Committee will make
recommendation at
October 23 meeting
*** Existing League policy
**** LoCal authoriry presently exists
2
R- Refer to appropriate Po�Y
committee for study
.�
a - Amend
Aa - Approve as ameaded
Aaa - Approve with additional
ameadment(s)
Ra - Amend and refer as amended to
apprapriate policy committee
for study
Raa - Additional amendments and refer
Da - Amend (for clarity or brevity) and
Disapprove
Na - Amend (for clarity or brevity) and
take No Action
W - Withdrawn by Sponsor
[Note: Only those resolutions with an
approve recommendation from the Genesal
Resolutions Committee and qualified
petitioned resolutions are reported on the
floor of the General Assembly.]
a
�' -- 1
Number Kev W�rd Index Reviewin��y Action
•u►��M�_ • �� • . � •
�� � � �
�����
1� Absentee Ballot Applications Aa � a � a, �
2 Campaign Financing Regulations Aa Q A �
3 Term Limits for General Law Cities Aa /-�-� � I]
4 Contractor Bidding on Municipal Projects
R T2 E2. I�-
5 Recavery of Attorney Fees R' •' j�. �� �
6 P: oposidon 1s8 Aa �i Gi. �i A
7 Open Meeting Law for State Legislature
Aa �-G�- � i�
8 Part-time Ixgislature D � � j]
9 Policy Committee Voting D D D D
♦ 10 Youth Services Policy Committee R W 1I�/ �/�/
• ►��r�� • • .�� : �•�
♦ 10 Youth Services Policy Committee R 1/�l 1N �
11 Violence on Television Aa �2 (Z. �,
12 Immigration Policies R � 1Q. i2.
♦ 13 Illegal Immigration R � 12 �
♦ 14 Sale of Pomographic Materials to Minors Aa �}QLL A �
♦ 15 Alcohol Rehabilitation Programs Aa � GLQ. � �
• �! � ' � • _ .. �•
�i�
16 I Health Care Reform
vii
G��
0
/
�.
4
�
Number Kev Word Index ReviewinE�y Action
• u u MM� • ' • u_ �. • � . M�
17 Voting Requirements for Air Board
Representation A ��. � 15►
18 Safe Drinking Water Act Aa �QC�. A Q Q.
19 Recycled Water A � A �
♦20 Rerycling Inner City Property--Brownfields A �}Gl, � A
• „a,�M��� • . . • i • .� ►� u�� : u. . • �� � � .� � „i .r
♦20 Recycling Inner City Property--Brownf'ields Aa A Q. A'CL ,�
21 Environmental Subdivisions ' * �. �,
22 Residential Ca.re Facilities 's � Gt A' A
♦23 National Aeronautics and Space
Administration (NASA) A �' �" �
24 Southwest Military Complex A %� �- �
COMMITTEE ON PUBLIC SAFETY
1
2 3 4
♦ 13 Illegal Immigration Aa �. � �2,
♦ 14 Sale of Pornographic Materials to Minors A ,Q- �r �i
♦ 15 Alcohol Rehabilita.tion Programs Da ��, A .l�
25 Determinate Sentences, Parole and Early
Releases of Violent Offenders Aa �a- � �
� 26 Confiscated Firearms A � � �}
27 Alley Access A /� A- �
a
Number Kev Word Index Reviewing�y��on
COMMITTEE ON REVENUE AND TAXATION �� N'`��
Vot�
1 2 3 4J/
28 Local Purchasing Preference D T.� D D
29 Possessory Interest Tax A � (�,} �
30 Parks and Open Space A.ssessment District D D � D
31 Interest-Free Loan Programs for Capitai D � D �
Impravements
,. .�
• ��1��1�11� • �: : ' • : : � • : ►1� ' t: . � : ,
1 2 3 4
♦23 National Aeronautics and Space
Administration (NASA} A � � �
32 Fre�way Signage R �- � 1�
� 7_�►`���.��� • • �_ � : ' � M y M •
Resolution General
Committee AsSembly
Recommendation Action
-------- - ---. -
! �
I
;
4
I
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I
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i
A:\table.94
ANNUAL CONFERENCE RESOLUTIONS
�' •.. � � �• •�� � � � 1 � i �� � � Y�_t<_ ' 1►%
1. RESOLUTION RELATIl�TG TO ABSENTEE BAI.LOT APPLICATIONS
Source: City Clerks Department
Referred to: Administrative Services Policy Committee
W�REAS, absentee ballots are an integral part of the electoral process; and
VE►'��tF��, absentee ballots� serve a critical ne�d for those who c�nnot malce it to the
polls on election day; and
V'VHEREAS, the electoral absent voter's ballot has been used increasingly by special
consulting firnas, campaign committees, and individuals who encourage absentee voting; and
V�J��REAS, these special consulting firms, campaign committees, and individuals. are
permitted to re�eive these completed absent voter ballot applications and hold them for 36 hours
(Elections Code § 1006.3) before returning these forms to the appropriate elections offi�ial or
by the deadline, whichever is sooner; and
V'Jl[�REAS, this procedure does not provide for the pmper monitoring of this 36-hour
holding period, which creates an unreasonable hardship and/or delay of the proper administrative
handling of electoral affairs; and
WHEREAS, this procedure has also resulted in excessive costs beyond those that would
be incurred if the completed ballot applications were returned �—to the appropriate
elections official early enough to be processed in an orderly fashion; now, therefore, be it
RESOLVID, by the General Assembly of the League of California Cities assembled in
Annual Conference in Long Beach, October 25, 1994, that the League sponsor legislatioa to
require that completed absentet ballot applications be submitted ��,�to the official who has
jurisdiction over the election at least 14 days prior to the election; aad be it furthet
RESOLVED, that the League sponsor further appropriate legislation to enable abse�ttee
ballots to be mailed to the voters in sufficient time to accommodate this new praposed deadline
for completed absent voter applications.
0
2. RESOLUI'ION RELATIlVG TO CAMPAIGN FINANCIl�TG REGULATIONS
Source: City Clerks Department
Referred to: Administrative Services Policy Committee
V�VI�REAS, the campaign financing regulations promulgated by the Fair Political
Practices Commission (FPPC) have imposed a considerable financial burden on the cities of
California; and
V��H�REAS, complianoe with the mandates of the Political Reform Act of 1974 and ttie
FPPC's interpretative regulations requires a significant commitrnent of municipal general fund
monies; and .. . .
V�, the results of the passage of Proposition 13 has imposed severe spending
restraints on cities in California; and
V'JIE�REAS, it is urgent and essential that cities explore every avenue of cost cutting
legally available to them; and
V'i�I�REAS, many cities are experiencing difficulty in fulfilling the mandates of FPPC
regulations, which require an in-depth review of campaign reports filed; and
V�JHEREAS, many city clerks face the dilemma of being unable to fulfill the duties
imposed on them as filing officials due to lack of funds for adequate personnel; now, therefore,
be it
RESOLVED, by the General Assembly of the L,eague of California Cities assembled in
Annual Conference in Long Beach, October 25, 1994, that the League establish a worldng
committee, composed of city clerks, city attorneys, and other appropriate officials, to study how
the intent of the Political Reform Act of 1974 could be achieved in more cost efficient ways; and
be it further
RESOLVED, that the committee be directed to focus on review of eaisting legislation
and FPPC regulations with a view toward recommending changes to either legislation and/or
regulations in an effort to reduce the excessive expense of complying with the Act and its
regulations; and be it further
RESOLVED, that the committee be authorized to request League staff assistance to
initiate amending legislation or present proposed changes to regulations to the FPPC.
7
3. RESOLUTION RELATIl�tG TO TERM LII�IITS FOR GFNF�tAL- LAW CTf�S
Source: City of La Puente
Referred to; Administrative Services Policy Committee �- �
V�JHEREAS, the residents of many cities have either enacted term limits for members of
their city councils, or have expressed a desire to enact such term limits; and -.
V�J��RFAS, the State of Califonua Courts of Appeal have held thai the residents of
general law cities do not have the anthority to enact tetm limits . for membets � oft.th�ir city
councils because the State Legislature has preempted the field of deteraiining eligibility to serve
Qn city councils of general law cities; and �..
VVIEIEREAS, legislation has been introduced in the Legislature which, if enacted; would
authorize the residents of general law cities to enact tenm limits for members of their. city
council; now, therefore, be it
RESOLVID, by the General Assembly of the League of Califonua Cities.assembled in
Annual Conference in Long Beach, October 25, 1994, that the League support legislation to
authorize the residents of general law cities the option to enact t�rm limits for members of their
city councils. -
5. RESOLUTION RELATIl�TG TO RECOVERY OF ATTORNEY FEES
Source: City of Carlsbad
Refernad to: Administrative Services Policy Committee
V'VHEREAS, e�ies-public agencies aze increasingly being targeted by litigation which is
often frivolous; and �
V'V]EIEREAS, state law prevents e�es-public agencies from recovering attorney fees in
most cases in which the e�-public agency is found to be not at fault; and. _
WHEREAS, allowing ei�ies�-public agencies to recover attorney fees will prevent
numerous frivolous cases from being brought against them; and
V�VHEREAS, allowing ei�es-public agencies to re�over attorney fees will allow them to
expend those funds on programs that will better benefit residents of tho�es public agencies;
now, therefore, be it
RESOLVED, by the General Assembly of the League of Califomia Cities assembled in
Annual Conference in Long Beach, October 25,, 1994, that the League support legislation to
allow e�ies-public agencies to recover attorney costs incurred as a result of cases in which the
ei�-public agency is found to be not at fault. �
8
6. RESOLUT'ION RELATIl�TG TO PROPOSITION 188
Source: City of San Jose
Referred to: Admuustrative Services Policy Committee -�-�
WfiEREAS, the State Legislature has recently enacted an amendment to the Labor Code
(AB 13 - T. Friedman, Chaptar 310, Statutes of 1993), which comprehensively regulates
smoldng on a statewide basis as a matter of worker safety for enclosed places of employment;
and
V'VI�ERFAS, consistent with existing I.eague policy, AB 13 establishes. a minimum
statewide standard for smoldng in enclosed places of employment and authorizes local
governments to enact additional smoldng regulations in areas that any city determines are not
adequately regulated by state law; and - . .:
VVI�REAS, prior to the passage of AB 13, over 300 California cities enactad local
ordinances regulating smoking in order to pmtect public health in response to public concern
about the effects of secondhand smoke and access to tobacco products by miaors; and
VV:HEREAS, the manufacturers and sellers of tobacco have qualified a ballot initiative
entitled "SMOKII�TG AND TOBACCO PRODUCTS" (Proposition 188 on the November 1994
ballot), which would substantially weaken the statewide regulations enacted by AB 13,
completely destroy the ability of local govesnment to regulate smoldng or the sale of tobacxo
products via vending machines to minors and preempt all existing and future local tobacco
control ordinances; and
VV]HEREAS, the initiative is an attempt to attack local efforts to protect against the public
health concerns caused by smoldng; now, therefore, be it
RESOLVED, by the General Assembly of the League of Califomia Cities assembled in
Annual Conference in Long Beach, October 25, 1994, that the League reaffirm its opposition
to the Smoldng and Tobacco Products Initiative (Proposition 188 on the November 1994 ballot),
which is sponsored by the tobacco industry as an attempt to weaken laws regulating smoldng;
and be it further
RESOLVED, that the League and its members make every effort to inform elected
officials, the news media, and the public about the true nature of the efforts behind Proposition
188 to ensure its ultimate defeat.
�
7. RESOLUTION RELATING TO OPEN ME�TTIl�TG LAW FOR STATE LEGISLATURE
Source: Orange County Division
Refen�ed to: -�- Administrative Services Policy Committee
VV]HERF.�S, the suc.cess of democracy greatly depends upon the ability of those being
governed to administer a careful watch of the elected and appointed officials doing the
governing; and
V'i�iEREAS, there is no level of government where this is better practiced than at the
local level, where residents freely participate in the governing of cities; and
VVHEREAS, cities have an impressive record of participatory democracy, cities
throughout California, in the public interest, adhere to the requirements of the Ralph M. Brown
Act, as established and subsequently amended by the State Legislature; and
VV]EIEREAS, some of the requirements of the Act have in fact had the effe�t of ma�dng
local government even mor+e open to our residents, and it appears that several of these measures
may well apply to the State Legislature, particularly in relation to committee hearings, thereby
enhancing the democratic process at the state level; and
V'VHEREAS, since individuals planning to testify before State legislative bodies spend
considerable effort to prepare for their limited access to the procxss and often must travel
considerable distance to do so; and
WH]EREAS, some of the more obvious applications of open meeting laws that could
improve the process include:
1. The setting and posting of agendas, including the establishing of consent calendars
at least 72 hours prior to consideration of matters; and
2. The placing of a reasonable limit on the number of times an author may pull a bill
for the purpose of delaying action to a subsequent meeting; and
3. On the occasion where legislative action is to be delayed, allowing proponents and
opponents of bills to at least have their positions publicly recognized, since they may not have
the ability to return for the ne�ct scheduled meeting; and
v�]HEREAS, there are pmbably numerous other means to impmve the legislative process
to increase participation of individuals and organizations who may not have their resources to
dedicate full-time commitment to the worldng of the Legislature; now, therefore, be it
10
RESOLVED, by the Generai Assembly of the League of California Cities assembled in
Annual Conference in Long Beach, October 25, 1994, that the League prepare a list of
constructive open meeting law recommendations applicable to the State Legislature for
presentation to the appropriate state bodies for consideration.
Resolutions Referred to Committee on CommunitX Services
♦ 14. RESOLUTION RELATIl�TG TO SALE OF PORNOGRAPHIC MATERL�IS
TO MII�TORS
ur : Orange County Division .. : , , .
Referred to: Community Services Policy Committee and Public Safety Policy
Committ�ee .
VVF�REAS, the California Legislature has established a comprehensive statutory scheme
regulating the sale of pornographic and harmful matter to minors; and
WI��tEAS, the California Legislature has preempted the right of local entities to adopt
ordinances regulating the sale of harmful matter to minors but has granted cities and counties
limited authority to ado�t ordinances requiring partial blockage of the display of material harmful
to minors (blinder racks); and
VVHEREAS, the installation of blinder racks is not an effective method of restricting or
preventing the sale to minors of harmful matter displayed in newsracl�s; and
VV�EIEREAS, recent court rulings have restricted the right of cities and counties to adopt
restrictions on newsracks, and many of the newspapers and periodicals displayed in newsracks
contain valuable information that should be available to minors and adults alike; and
V�S, the courts have ruled that the Legislature has the legal authority to adopt
statutes restricting the sale and display of harmful matter to minors that are broader and more
restrictive than those applicable to adults; now, therefore, be it
RESOLVED, by the General Assembly of the League of California Cities assembled in
Annual Conference in Long Beach, October 25, 1994, that the League draft and support
legislation, consistent with constitutionat, statutory, and decisional law, that will establish the
maximum permissible restdctions on the sale and display of harmful and pornographic matesial
to minors including, without limitation, the sale and display to minors of harmful material
through newsracks, vend.ing machines, and other medium unsupervised by aduIts.
(The two committees agreed to recommend approval of the Public Safety Committee version.
The difference from the Community Services Committee version of September 19 is shown in
bold type.)
11
♦ 15. RESOLUTION RELATIl�TG TO ALCOHOL REHABIIITATION PROGRAMS
Source: Community Services Policy Committee �
Refened to: Community Services Policy Committee and Public Safety Policy
Committee -
V'VHEREAS, it would benefit cities to develop a more vonstructive alternative for people
arrested for public inebriation and driving under the influence of alcohol; and
VVHEREAS, in providing an alternative to booldng at the time of initial arrest, the
treatrnent goals of the program should be to conduct substance abuse assessmeats, make
available substance abuse information and education mateiials to all clients, and facilitate
successful recovery referrals for clients; and �� -.
WHEREAS, under a program such as this, persons a�ccused of drunk driving or public
inebriation would be issued citations and admitted to a treatment facility, but not boolood into
a county jail, thus reducing booldng fees and time sp�t by peace offi�ers� booking� an�estees into
county jail; and ; . ,. . : �
VVHEREAS, this specific program should provide an opportunity to ta]ae a closes look
at the population of people aaested for public inebriation and drunk driving; and
V'VHEREAS, this program in no way allows the arrestee avoidance or delay of jail for
conviction of charges for public inebriation and/or driving under the influence; nor does it
preclude the arrestee from future court appearances for said charge(s); it does, however, pmvide
a more constructive alternative for a positive outcome for the individual and the community by
lessening the lost human potential, as well as reducing the costs that are associated with alcohol
abuse; and -
VVI�REAS, peace officers bringing persons charged with violation of § 23152 of the
California Vehicle Code, and or § 647( fl of the California Penal Code, who otheswise would
qualify to receive a citation in lieu of arrest, should be encouraged into such a program whese
appropriate; now, therefore, be it � _. �• -,
RESOLVED, by the General Assembly of the League of Califoxnia Cities assembled in
Annual Conference in Long Beach, October 25, 1994, that the League support le�slation and
state funding for programs that provide an alternative to booldng at the time of initial arrest and
more constructively address substance abuse.
(T'he two committees agreed to recommend approval of the Public Safety Committee v�rsion.
The difference from the Community Services Committee version of September 19 is shown in
bold type. )
12
Resolutions Referred to Committee on Environmental Qualitv
1�. RESOLUTION REI.ATIlVG TO VOTIl�TG REQUII2EMENTS FOR AIlt BOARD
REPRESENTATION
Source: Orange County Division
Refeired to: Environmental Quality Policy Committee
V�i�HEREAS, the passage of the federal Clean Air Act and the California Clean Air Act
established ambient air standards for a range of pollutants across the country and in California;
and + ,
WHEREAS, the South Coast Air Basin (Los Angeles and Orange Counties, Riverside
County east to the Palo Verde Valley, and the non-desert portions of San Bernardino County)
has been classified as an extreme non-attainment area under federal and state air quality
standards; and
WHEREAS, in 1975, the State Legislature formed the South Coast Air Quality
Management District (SCAQNID) to improve the air quality in the South Coast Air Basin; and
WHEREAS, ths introduction of local govemment transportation control measures in the
1989 and 1991 Air Qualiry Management Plans (AQMP) created requirements that. signific�ntly
impact local government and its constituents; and
WHEREAS, it is imperative that the continued participation of local government is
ensured during the develapment of the 1994 AQMP and future updates to the AQMP; and
VVHEREAS, a 12-member board governs the SCAQIVID and includes one city selection
appointee from Orange, Riverside, and San Bernardino Counties and from the eastern and
western region of Los Angeles County; and
WHEREAS, current law requires the SCAQMD city appointment of a new member, or
the replacement of an existing city member when their term expires, receive support from 2/3
of the cities with 2/3 of the incorporated population; and :
VV�iERF.�S, this requirement is applicable only to the SCAQIVID and not to California's
other 46 air districts; and
WHEREAS, beginning on July 1, 1994, the city membesship of the governing board of
each unified air district formed on or after that date shall be approved by a majority of the cities
representing a majority of the population; and
13
VVI�REAS, Orange County cities have cast numerous ballots in an effort to seat their
SCAQMD Board representative, and eastern Los Angeles County cities
-�� "�-�—`�_ ,"�� were without representation for eighx moruhs, due to an inability to achieve
a Z/3 vote in support of one representative; now, therefore, be it �- � z
RESOLVED, by the General Assembly of the League of California Cities assembled in
Annual Confe�nce in Long Beach, October 25, 1994, that the League sponsor legislation
lowering the vote threshold for SCAQNID city representatives from 2/3 of the cities representing
2/3 of the coun 's inco rated ulation to a ma'ori of the cities
tY � PoP J tY rePresenting .a ma�oritY
of the county's incorporated population. . . . � .; _: ._ __.. . .
18. RESOLUT'ION RELATING TO SAFE DRINI�NG WATER ACT
Source: Los Angeles � County Division
Referred to: Environmental Quality Policy Committee
.. .
- --
„=:,.,.:.:,.:_:._,:,:_:,_.�,�..:..�-,..:..:...�..:,,,_:��:.:.�,�:.:,:
A��EREAS, the League of California Cities requests that the 104th Congress take
immediate action to consinue the work of the 103rd Congress and to appmve safe drinking wQter
legislQrion which includes the following resolves; and
VVI�REAS, the Act has a large impact on California cities' level of water quality and
the costs of achieving and/or maintaining that level; and
WHEREAS, support of a specific bill which may or may not gain full consideration by
the Congress may be premature and/or inappropriate at this time; and ��
V'VHEREAS, identifying key principles that the League of California Cities would like
to see in any legislative proposal addressing the Safe Drinking Water Act is � a more effective
course of action; now, therefore, be it ._: �°
RESOLVID, by the General Assembly of the League of California .Cities assembled in
Annual Conference in Long Beach, October 25, 1994, that the League support the inclusion of
the following principles in any Safe Drinking Water Act Reauthorization: ��
� �aut� inu.ous � reu t �euJ
1. Require the U.S. Environmental Protection Agency (USEPA) to n�aia�n eustmg
contaminant standards and continue its oversight of state drinldng water programs; and
2. Require increased federal funding for state monitoring, enforcement, and construction
programs; and
14
3. Allow the USEPA to consider health risk reduction benefits when reviewing, setting,
and finalizing standards; and
4. Require the USEPA to consider alternative control technologies when implementing
standards; and
5. Require the USEPA to select contaminants of public heatth concern for regulation
based on actual occurrence; and
6. Require the USEPA to solicit and consider the recommendations of the National
Academy of Sciences on �e-contaminants to be monitored and regulated; and
7. Allow the USEPA to establish time fiames for regulatory compliance that reflect the
time needed to plan, finance, design, and constr�ct treatment facilities; arrd
8. Develop watershed nwnagemenr strcuegies to protect warer supply sounces and to
promote safe drinking water qualiry.
19. RESOLUI'ION RELATIl�TG TO RECYCLED WATER
rce: Los Angeles County Division
Referred to: Environmental Quality Policy Committee
vVI�REAS, recycled water is generally regarded as the best option now available for
providing California urban areas with additional water resources; and
VVHEREAS, there are not any foreseeable new sources of water available to Califonua
cities, and environmental considerations and litigation could fiuther diminish California cities'
traditional sources of water supply; and .
WHIEREAS, though the potential for water transfers exists, there are still many
institutional barriers that prevent the water mazketplace from changing very quickly; and
VV7HEREAS, while current uses of recycled wates include recreation, irrigation, and
industrial applications,
California urban azeas
therefore, be it
there are a large number of potential recycled water users throughout
who could benefit from a"drought-resistant," lower-cost supply; now,
RESOLVED, by the General Assembly of the League of Catifornia Cities assembled in
Annual Conference in Long Beach, October 25, 1994, that the League encourage the California
Departrnent of Health Services to quickly finalize revisions to Title 22 of the state Health Code
governing the uses of recycled water in such a manner as to promote appropriate use of such
water.
15
♦ 20. RESOLUTION RELATIl�TG TO RECYCLING INNER CITY PROPERTY--
BROWNFIELDS � --
Source: Environmental Quality Committee and City of Richmond
Referred to: Environmentai Quality Policy Committee and Housing,
Community and Economic Development Committee
WHEREAS, past industrial and comm�rrcial uses of land in America's cities have created
thousands of sites throughout the U.S. that have environmental contaznination, or eavironmental
"unlmowns," which impade redevelopm�at so-called "brownfields," and � . ,. . .
� . .. . . ., �
_ . . . _ . _. _.. _ .. _ <,. �, _
.� „-
WI�RF.AS, private sector investment in sites with past industrial activity is further
impeded by the threat of liability for clean-up costs and the fear of discovering. environmental
contamination previously undetected; and . - - �.
��REAS, failure to develop these brownfield sites impairs the ability of all levels of
government to pmvide economic opportunities for citizens, particularly the poor and
unemployed, who often live in proximity to such sites; and
VVHEREAS, brownfield sites that are abandoned, contanninated, and unproductive,
contribute to further disinvestment in communities and neighborhoods in which they are located,
extending blight in local communities; and
V�E�tEAS, the abandonment and underutilization of brownfield sites result in an
inefficient use of public facilities and infrastructure, land, and natural resouroes; and .
VVHEREAS, a 1988 survey, conducted by the Bureau of National Affairs, indicated that
lenders classify over 70 percent of th�ir multimillion dollar real estate transactions as
"environmentally risky;" now, therefore, be it
RESOLVID, by the General Assembly of the League of California Cities assembled in
Annual Conference in Long Beach, October 25, 1994, that the League calls on� the�Congress in
its Superfund reform package to provide a level of pmtection for third party investors, lenders,
and developers of brownfield sites from Comprehensive Environmental Response, Compensation
and Liability Act ("CERCLA"/Federal Superfund) liability and clean-up costs for contamination,
which they did not cause; and, be it further -.. ;.
ItFSOLVED, that for any site not on the National Priority List in a state with an
appmved state clean-up program, Congress direct that state approval for redevelopment and
reuse shall automatically result in concurrent federal appmval; and, be it furthes
RESOLVED, that Congress provide tax incentives to the private se�tor to encourage
voluntary clean-up activities and that the U. S. Environmental Prot�ection Agency (EPA)
encourage states to work with local governments in expediting voluntary clean-ups that are
protective of human health and the environment; and, be it further
16
RESOLVID, that the League of California Cities endorse site charactesizations and
clean-up costs of brownfield sites as an eligible activity in a proposal to create an Environmental
Development Block Grant and/or any reallocation of Superfund revenues and .: program
ezpenditures; and, be it furiher � .. _.. ..
RESOLVED, that Congress and the EPA aclrnowledge the gravity and.magnitude of the
brownfield pmblem and enact comprehensive legislation to address: 1) the redevelopment, of
brownfield sites, including provisions such as tax incentives to the private sector; 2) creation of
mandated infrastructure finance bonds; 3) financial assistance to local governments for planning
and clean ups; 4) CERCLA liability protection; and � clean up standards based on die nature
of the site's future reuse. �
. . . ,.. .. ... ,..: _.._ . t:: �.. .
(The two committees agreed to recommend approval of the Housing, Community and Economic
Development Committ�ee version. The difference from the Environmental Quality::Committ�ee
version of September 19 is shown in bold type.) -- �.-.
Resolutions Referred to Committee on Iiousing. Community and Economic D velopment
♦ 20. RESOLUTION RELATING TO RECYCLING INNER CTTY PROPERTY--
BROWNFIEI.PS
Jointly referred - See Resolution #20 in Environmental Quality for recommendations of
both Committees.
22. RESOLUTION RELATIl�TG TO RESIDENTIAL CARE FACII.IT�.S
ourc : Orange County Division
Referred to: Housing, Community and Economic Development Committee
• �M�
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- .:..: - - - - - - - - -
A��]�'RE�4S, the State Legislature has enacted an amendment to the Gvvenrn:ent Code
(AB 2244) which profoundly a,,�'ects the abiliry of cities to regulate group living arrangements
through the exercise of land use power, and
�VHEREAS, prior to the passage of AB 2244 the only regulotory power which cities used
to regulate group living arrangements was their land use power; and
WHERFAS, the State does not appear to have the personnel or funds to prvperly police
such facilities, with the result that complainrs regarding the operation of the facilities are not
Qble to be handled quickly and e,,��cienrly, and there is no assurance that the clientele are
properly cared for; and
18
WSEREAS, by recognizing the aruhoriry of cities to license and regulate residentiai care
facilities, local government would be able to assure proper care is provided for the clientele of
residential care facilities, while ossuring the preservcuion of residential areus, which would
benefit both the state and individual communisies; now, therefore, be it .
RESOLVED, by the General Assembly of the League of California Cities assembled in
the Annual Conference in Long Beach, October 22,1994, that the League urge stute legislators
to enact a statute recognizing and expanding the`authority of ciries to license and regulate
residential care facilities; and be it funher `
lQ.+�.d. t�t,S-e.�
RESOLVED, thot copies of this resolurion be sent to the vernor o he State of
California and to all members of the State Legislature.
♦ 23. RESOLUTION RELATIl�TG TO NATIONAL AERONAUTICS AND SPACE
ADMINISTRATION (NASA)
Source: Committee on Housing, Community & Economic Development,
Peninsula Division, and City of Sunnyvale
Referred to: Housing, Community and Economic Development and
Transportation and Public Works Policy Committees
V'J]HEREAS, the 1994-95 NASA budget is $14.3 billion, and includes a reduction for the
first time in almost twenty years; and
�V�IFREAS, less than one percent of the total federal budget and less than .25 p�rcent
of the Gross National Product was spent for the national civil space program; and
V�JHEREAS, NASA's partnership with industry in aeronautics has given this country a
position of leadership and a positive balance of trade in the highly competitive civil transport
market and aviation research; and
WHEREAS, the United States can have a viable space program within a realistic budget
that will not hinder other government programs; and
V�7HEREAS, the National Aeronautics and Space Administration is an important economic
center in our communities, with more than 240,000 jobs direcfly related to NASA pmgrams and
an additiona1400,000 supporting jobs nationwide; and
VV�iEREAS, more than 81 percent of NASA's funding gces to private industry
contractors compared to 11 percent governmentwide, with procurements to small business and
minority firms exc,eeding $950 million in 1991; and
��
�
VV]EIEREAS, this investment provides high technology jobs, educational opportunities,
new business development, environmental monitoring, vital life science breakthmughs, advanced
scientific research and applied technology that enhanves competitiveness and quality of life, as
we11 as expands our knowledge about ourselves and our universe;-and �. , ._
VV�EIEREAS, technology gaiaed through the space program benefits the� �emrimnment,
health, medicine, compute,rr technology, consumer/home/recreation activities,: public safety,
tcaasportation, and many other of our daily activities; and ._-.. _
. . . _ . _ .. . `. .
VV]EIEREAS, health care is enhanced by the development of space-related technology,
such as non-invasive medical devices and new laser surgical tecbniques -that offer less invasive
methods and faster recovery times, and by satellite and long-distance� monitoring� equipment to
allow people to remain in their homes, lowering �ihe cost of nursing care; and
VV�EAS, space-related technology has contributed to improved fireproofing mat�rials,
home and personal alarm systems, and other important public safety devices;LL and .
WI3EREAS, transportation benefits. have ranged from fuel efficiencies, bettes brake
systems, aircraft design, and highway profiling; and
V�i�REAS, NASA not only contributes over- $800 million annually� in grants and
contracts to educational and nonprofit institutions, but also inspires young people to study math,
science, and engine�ring; now, therefore, be it �
RESOLVID, . by the General Assembly of the League of California Cities assembled in
Annual Conference in Long Beach, October 25, 1994, that the League support the NASA
budget, including the space program and Space Station Freedom, which will keep alive this
country's leadership in aerospace, aeronautics, life sciences, and supercomputing programs; and
be it further
RESOLVED, that the League's Committee on Transportation and Public Works consider
this subject as a priority for its work program.
24. RESOLUTION RELATIl�TG TO SOUTTiWF.ST MII.ITARY COMPLEX �°
ource: Desert-Mountain Division
Referred to: Housing, Community and Economic Development Policy
Committee .
WHEREAS, the Southwest Military Complez is the nation's premier military research,
�evelopment, test, evaluation, and training resource; and
20
WHEREAS, the Southwest Military Complez, an irreplaceable national defense resource,
is of strategic value to the security of Califomia and the United States of America; and
VVI�REAS, throughout the Southwest Complac, direct Defense Department s�alaries and
employment exc,eed billions of dollars and thousands of direct jobs, and large defense and
aerospace conttactor and support service sectors add significandy to the employment base, and
the need for such employment continues to be a critical issue for the economic well-being of the
State of California; and
VV�REAS, in our state, support facilities, infrastructure, land, sea and a�rspace, and
the diverse scientific and technological skills of a unique professional populatioa are already in
place to cazry out and complete ongoing and potential projects; and �.�; .��
.,.
VVHEREAS, cities are concerned about employment and the future welfare of their
citizens and their communities, and recognize that new opportunities for employment and
industry can be obtained through the realignment component of the Federal Base Realignment
and Closure (BRAC� process; now, therefore, be it
RFSOLVED, by the Generat Assembly of the League of California Cities assembled in
Annual Conference in Long Beach, October 25, 1994, that the League support the continuation
and expansion of the Southwest Military Complex, and oppose any Department of Defense
service or agency from reducing work or moving any functions from the Department of
Defense's Southwest Military Complex prior to the conclusion of the 1995 BRAC Commission's
deliberations; and, be it further
RESOLVED, that the League enlist the united support of our California Legislature and
Governor, the President of the United States, and California's Congressional Delegation and
Senators to take every action necessary for continuation and expansion of military bases and
NASA installations within the Southwest Military Complex.
Resolutions Referred to Committee on Public Safe�y
♦ 14. RESOLUTTON RELATIl�TG TO SALE OF PORNOGRAPHIC MATERIAIS TO
MINORS
Jointty referred -
both Committees.
See Resolution #14 in Community Services for recommendations of
♦ 15. RESOLUTION RELATING TO ALCOHOL REHABTLITATION PROGRAMS
]ointly referred - Se� Resolution #15 in Community Services for recommendations of
� both Committees.
21
26. RESOLUTION RELATIl�TG TO CONFISCATED FTREARMS
�ource: City of Cazlsbad
Refen+ed to: Public Safety Policy Committe�
WHEREAS, cities have consistently attempted to provide police protection to those in
danger of domestic violence; and
VV'EE�REAS, state law limits the amount of time firearms or other deadly weapons may
be retained after they have been confiscated as a result of a domestic violence incident; and
VPE�REAS, state law prolubits the destruction of firearms or other d�dly weapons
confiscated as a result of domestic violence cases; and
WHEREAS, there have baen cases in which further violence could have been avoided
if local agencies had the authority to destroy or retain firearnns for an utilimited amount of time;
now, therefore, be it �
RFSOLVED, by the General Assembly of the League of California Cities assembled in
Annual Conference in Long Beach, October 25, 1994, that the League support legisiation to
allow local government agencies to destroy, or retain for an unlimited amount of time, firearms
or other deadly weapons involved in domestic violence incidents.
27. RESOLUTION REI,ATIl�TG TO ALLEY ACCESS
Souroe: Los Angeles County Division
Referned to: Public Safety Policy Committee
� VVHEREAS, alleys serve important and necessary functions to communities and
neighborhoods by providing vehicle access to residential parldng and for the performance of both
govemmental and private service activities; and
WHEREAS, unfortunately alleys have also become convenient locations for criminal
activities and other nuisances; and . � -
WHEREAS, the closure or limitation of access of all streets and lughways, including
alleys, is governed by the Califomia Vehicle Code; and
V�VI3EREAS, the California Vehicle Code specifically pmvides that no local authority
shall enact or enforce any ordinance on matters covered by the Vehicle Code unless expressly
authorized therein; now, therefore, be it
22
RESOLVED, by the General Assembly of the League of California Cities assembled in
Annual Conference in Long Beach, October 25, 1994, that the League pursue legislation to
amend the California Vehicle Code to permit cities and local agencies to prohibit, limit, or
othe,rwise regulate and control vehicular or pedestrian access to or through alleys, when in the
opinion of the legislative body having jurisdiction over said alley, such restriction is necessary
for the protection or preservation of public peace, safety, health, or welfare.
Resolutions Referred to Committee on Transportation and Public Works
♦ 23. RESOLUTION RELATING TO NATIONAL AERONAUTICS AND SPACE
ADMIl�IISTRATION �%TASA)
Jointly referred - See Resolution #23 in Housing, Community and Economic
Development for re�ommendations of both Committees.
A:1(3nlAary.94
#####
23
���� � �� o
B A K E R S F I E L D
�„� ��
,;� �� �
TO:
FROM:
��
���
�
��
Economic and Community Development Department
M E M O R A N D U M
October 20, 1994
Jake Wager, Economic & Community Development
Myra McArthur ��v� �
SUBJECT: Graffiti Update
,
-�1'i��l`�+��,%'�� �i��
� _ -_.=__ =-_�` ,
OCT � 4
� -----_----- -
��`'�( i�4+;�[�!�:�'�,r,;_ .
The month of September presented me the opportunity to feel "on board" as I participated
in establishing important grafiiri-eradication partnerships with the different school districts.
As a result of some previous negotiaring, on September 16, Dr. Tom Jones, Kern High
School District Superintendent, invited us to present to them our ideas on a community service
program incorporating all the high schools in metropolitan Bakersfield. Present at that meeting
with Dr. Jones were: Jim Wren, Director of Student Services; Pat Mellon, North High's Activities
Director; Dawn Hill, our Fair Housing VISTA volunteer; Louis Armitage, Graffiri VISTA
volunteer; you and me.
Enclosed is an outline of the ideas we presented to them. We stressed our desire to start
a project that would have continuity and uniformity. I expressed my willingness and desire to
attend their next Activities Advisors meeting, and/or to the different school clubs, to present our
graffiti eradication program and shaze ideas with them. Some of their ideas included the
possibility of having the high schools' Saturday Work program ried to community work. The
problem of supervision was considered. As a whole, the school administrators were very
receptive. It was decided that Mr. Mellon would contact me and invite me to their next
Activities Directors meeting.
True to his word, Mr. Mellon called me later in the month and invited me to attend their
Activities Directors meeting on Oct. 6. An outline of my presentation that morning is enclosed
also. There were twelve directors present. I received good feedback from many of them. It was
agreed that the Activities Directors would talk to the different club leaders. A few of them
enthusiastically expressed the possibilities they foresaw of working together with us. The biggest
positive reaction came as I mentioned that the result of our efforts of graffiti eradication would
bring the students and community the feeling of empowerment as they take control of their
neighborhoods.
On September 29 you, Louis, and myself inet with Mrs. Henrietta Sakamaki, Assistant
Superintendent of Instruction for the Bakersfield City School District; Linda Carbajal, Principal,
Jefferson School; and Merry McCalley, Curriculum Specialist, DAT'E. I am enclosing a copy
of Mrs. Sakamaki's notes from that meeting, which were sent to me on Oct. 10, and summarize
the ideas discussed and/or agreed upon on that day.
On October lOth, Mrs. Sakamaki's secretary called me and extended us an invitation to
attend a meeting with her and the PTA presidents from several of the junior high schools on
October 26 at 6:30 p.m. I plan on coordinating with them a volunteer task force that would take
care of their neighborhood on a continuous basis. I welcome your input in this matter.
As I came on board, I noticed that the subject of the Reward Hotline prompted many
questions in the minds of a couple of people in our department as well as in the Police
Department. I did some research on the subject and i found out that:
Mr. John Patton, from The Bakersfield Californian, was instrumental in the acquisition
of the Hotline. The Californian allowed the Secret Witness to use one of their audio tech lines
to record the messages. Enclosed is a copy I received from Mr. Patton and reflects the first
makings of this service.
Captain Eric Matlock, from the City Police Department, is a member of the Secret
Witness Board. He explained that the Board, through different means, obtains the reward funds.
When the Hotline calls come, Karen Hulsey who is a typist at the Police Department, screens the
calls and gives the information to Investigator Paul Prudhomme, who in turn takes care of those
calls that have valid information leading to the arrest and conviction of vandals. Mr. Prudhomme
makes a report to the City Council. T'he City Council makes a determination on how much to
give as reward. This reward goes in direct proportion with the amount of damage caused by the
graffiti. For "normal" tagging, the reward might be only $5.00 to $10.00. Very rare, or almost
never, would the reward reach $500.00. He advised us to be careful and not to lead people to
believe that they would easily get a$500.00 reward.
Our Graf�ti Hotline continues to keep us busy specially at the beginning of the week.
I have developed a Hotline form that will help us keep better notes of the calls, and be more
efficient in the service we provide. In September we have received 165 calls; 27 of those calls
were referred to the county either by us sending them one of our work orders, or by given the
caller the county's hotline number. The total amount of reported vandalized addresses that are
within our city boundaries were 138. Our painters serviced those addresses within a week's time
from the time the ca11s were received. We have also received several comments praising the
good job our painters are doing. Our painters are taking pictures of the severely vandalized
buildings before and after they remove the graffiri. Luois is keeping an album and we display
it at the different events we participate in.
Jake9.94
• - Bakersfield City School Dis#rict
-• .._• Education Center - 1300 Baker St�et
Bakersfield, Califomia 93305
, Office of Assistant Superintendent, Instruction
TO: Dr. A1 Mijares
`
FROM: Henrietta Sakamaki
DATE: Ortober 5,1994
SUBJECT: Anti-Graffiti Campaign
-MEMORANDUM-
.
On September 29, the following people met to discuss an Anti-GraffiH
Cam paign:
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
After we had a good discussion, we brainstormed possibiliHes of what we could
do collectively to help promote anH-graffiH. After much discussion of several
possibilities, the group came to a consensus on doing the following:
(1) Fl*'S� OF 2�I; wp �re �oing to target the junioc high schools and work with
the PTA presidents to idenHfy community � volunteers who would work in
certain target areas hetping to paint over graffiti. 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 wou(d atso invite other student council members and perhaps t'� �" 7;� !�� 0`
schoo! site council members to help with this work.
� . . , . .:��Q3��•
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 design�es would be invited to attend. The junior high
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
wriHng contest and poster drawing contest as a way to encourage anti-graffiti.
As a follow-up, the junior high school studentr working with the acHvity listed
above, would present awards at the elementary school assembly cturing 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 reques�
if they so desired, coloring books for their third grade students. This would be
done during the month of April.
.
(4) It was suggested that guest speakers be provided by khe city to present
anti-graffiti lessons in the elementary classrooms.
(5) Another suggesHon was to explore the possibility of coordinaHng the anH-
Graffiti Campaign with the "Just Say No" activities in late May. This is easy to
do and we would support that
The whole AnH-GraffiH program outlined would educate all students to "say no
to graffiti." Everyone present felt positive about this arHculaHon and how we
can work together to help discourage graffiti in Bakersfield.
cc: Myra McArthur
Jake Wager
Louis Armitage
Linda Carbajal
Merry McCalley
_ � `>
SCHOOLS AGAINST GRAFFITI
September 16, 1994
Kern Hiqh School Distriet
1. Educatinq the younq
- Do presentations at different elementary schools
- Present video
- Drama department: write skits and present them at
elementary schools.
2. Paint-Out Days
- Teens Against Graffiti teams
- High School clubs to organize teams
- Teams will rotate each Saturday and paint around
their schools. We provide map and/or addresses to
be painted.
If paint to be done in county property, agreement
needs to be made on paint to be used and cost involved.
3. Recognition
- Schools to have a special activity, ie: dance, to
recognize students' efforts and example in community
involvement.
. . � ;`t
SCHOOLS AGAINST GRAFFITI
September 29, 1994
Bakersfield City School District
1. "Graffiti Busters"
Students who express desire to report graffiti are
given an official "Graffiti Buster" button.
Buttons say: "I report graffiti - Do you?"
At the end of the Anti-Graffiti month we recognize
Busters with the highest number of reports.
We promote the Reward Hot-Line.
2. Anti-Graffiti month
a. Presentation of program outline.
We show anti-graffiti video.
b. Essay-writing contest. We need District's input on
ways to run this activity efficiently. Our
office would pick up and judge essays.
c. Poster-drawing contest. We need District's input on
ways to run this activity efficiently. Our
office would pick up and judge drawings.
d. Anti-Graffiti Assembly.
Skit presentation to be done by students of the
"graduating class" of that campus.
Give recognition to "Graffiti Busters".
Make display of poster and writing entries.
Give awards. Distribute "Captain Graffiti" coloring
books to students.
�' ' �^ '�s ► "'. .
. KERN HIGH SCHOOL DISTRICT
ACTIVITIES DIRECTOI2S MTG.
October 6, i994
City of Bakersfield's Graffiti Eradication Program
Paint-Out Days
1. Organization of teams and selection of team leaders
a) High School clubs
b) Saturday Work program doing community servi�e
hours
2. Identification of a contact person.
3. Necessary information
a) Which High Schools are participating
b) Rotation of High Schools and/or teams
(Provide continuity)
c) Schedule: Days and times
a) Number of students available for each activity
(Maximum 5 per team)
4. City's responsibilities
a) Provide addresses of vandalized property
(City residences surrounding High Schools)
b) Obtain propertg owner`s consent
c) Deliver matching paint and brushes to
activity leader
d) Do presen�ations about our eradicatian program
_.
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� FaxTransmittal Memo 76%Z :'�.�`'�'.::�`" �'No•olPages 1 Totlay's0ate 2_4_94 T�^�3:2oP
,,..
' � To From John Patton
ii Lt. Moesta . ,
r,qn�y Company
' Bakersfield police DepartmenC The Bakers£ield Californian
l.ocatlon l.ocation DePt. cnvga
Fax# Telephone� Fax# Teie�none+� 395-7329
326--3070
Gommants Original n pastroy ❑ Return ❑ Cali for qickup
� I.t. M�eeta, attached you will find o�e���,:
�; instructione �or retriev�ng messages left on the Gra�fiti Suspect Information Line.
The d�.rec�ions are stxaight forward, but should y��l have que��ions feel free to call me-
'�' 395-7329. Good Luck.
,
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�orce MaxL�•nox
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TO RETRIEVE MESSAuES FROM YOUR VOYCE MAI�—HOX, CALL THE MAIN
NUM�ER 3Z�-1717 AND EN7ER �-�-��,5'�j (8' THE �OMPUTER WIL,L
AUTOMATICALLY GIVE YOU THE MESSAGES, DA?ES, Sc 7zT'IES.
AFTEa YdU' VE HEARD THE_,h�ESSAuE: �
TO REP!_AY — PP,ESS �.
TO DISGARD — FRESS 3
TO SAVE -- PRESS 7
TO QUIT — PRESS �
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r�ry s �' 7'0 ! �Q �
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B A K E R S F I E L D
PUBLIC WORKS DEPARTMENT
MEMORANDUM
October 24, 1994
T0: ALAN TANDY, CITY MANAGER
FROM: R.AUL M. ROJAS, PUBLIC WORKS DIRECTOR
SUBJECT: STATUS REPORT ON SH 58 PROJECT DEVELOPMENT TEAM
Attached for your information is a brief status report on the
actions taken at the most recent CalTrans Project Development Team
meeting on October 20, 1994 at GET's offices.
Should you have any questions I am available at your convenience.
_..
_ _ --__�.
i -
_- . :�,_
OCT 2 5 �
� � � � . ...�,��_�� � � �
6
' , -- — 's
�' •
B A K E R S F I E L D
PUBLIC WORKS DEPARTMENT
MEMORANDUM
October 21, 1994
TO: Raul M. Rojas, Public Works Director
FROM: Fred L. Kloepper, Assistant Public Works Director ��
SUBJECT: SH 58 Project Development Team
CalTrans held a Project Development Team (PDT) meeting October 20, 1994 at GET's
offices. The meeting was well attended by the public opposing both the Kern River South
Alignment and the Rosedale Alignment.
CalTrans staff and their consultants presented updates on the third public meeting.
Comments were made by the public and PDT members. Two significant actions were taken:
1. The PDT voted to support CalTrans' decision to drop the Westpark
alignment from further study.
2. The PDT voted to drop the Rosedale alignment from further study. This
action is conditioned on CalTrans staff consulting with PDT members who
were not present including Corps. of Engineers, EPA and federal Fish and
Wildlife Service. The Rosedale alignment will not proceed unless these
agencies object to the dropping of it or identify some unforseen fatal flow
with the Kern River alignment.
OCT 26 '94 11�18AM RIVERLAKES RANCH 805 5890631
;�_ _,�-
RIVERLAI�ES
DEVELOPMENT CORP�RATION
131 No.'Ilutin Avcnac ♦ Suita 100 ♦ Tustic� CA 92680
(714) 558�939 ♦ Fax (714) 558-9301
October 24, 1994
Honorable Mayor and City Council
City of Bakersf�eld
1501 Tru� Avenue
Bakersfield, CA 93301 , p
Re: Riverlal�es Ranch Beach Club
Dear Ladies and Gentlemect;
P.2i6
In regard to the upcoming meeting with the Riverlakes Ranch Home Owners, Builder and
all interested parties scheduled far Friday, October 28, 1994 at 6:00 p. m., enclosed please
find a copy of the correspondence sent to the Riverlakes Ranch Home Owners and Buflden
for your information and review.
If you have any questions, please do not hesitate to call,
Sincerely,
'VERLATC�S �VELOPMENT CORPORATIO�T
� �(r ��.��' ' �
George S� ki
Executive Vice President
GS/bcz
cc; Alan Tandy, City Manager
Laura Marino, Asst, City Attorney
Raul Rojas, Public Works Director
Jack Hardisty, Planning Director
OCT 26 '94 11�19AM RIVERLAKES RANCH 805 5890631
R.IVERLAKES
October 2a, 199a n�VELOPMENT CORPORATION
131 No. Tustin Aveaue ♦ Suite I00 ♦'l�stin, CA 92680
(714) 558-6939 ♦ Fax (714) 558-930I
Riverlakes Ranch Home Builder
Re: Ttiverlakes Ranch Beach Club
Dear Home Builder:
P.3i6.
:=�.Y _;
As you are aware, several questions have been bmught to light regarding the Beach Club.
Riverlalces Ranch Limited Partnership, the master developer, remains committe�i to
�, constructing the Beach Club and ensuring all other commitmes�ts a�e fulfilled.
We are currently, and have been, in communicadon with the 17epartment of Real Estate
regarding this matter. Any and all action to ensure the development of the Beach Club has,
is and will be taken. In no evenc will we let the "set-aside" lettex for the funding of the
Beach Club lapse or terminate.
Also, enclosed please find a copy of our letter to the residents explaining the situation and
affuming our continued commitment to this project. Also, enclosed is a copy of the planned
Beach Club facility.
.� If you have any further quesrions, comment or need further information, please do not
hesitate to call the undersigned at your earliest convenience.
, Sincerely,
AKE$ D VELOPMENT CORPORATIQN
, - ' �'1�7' � �f "`-�
� �
George S ula
� Executive Vice President
GS/bcz
Enclosures
cc: Steve Nellis, Centex Homes
Kyle Carter, Carter Homes
I.arry Smith, Coleman Homes
Mark Shuman, ProBuilt Development
Hugh Pearson, Pearsan Homes
Dave Deily, US Iiomes
Joe Roberson, Roberson & Sons
Floyd Hinesley, Iiinesley Development
Scoct Cedazleaf, Woodazd Hvmes
OCT 26 '94 11�19AM RIVERLAKES RANCH 805 5890631
�
RI�IERLAKES
DEVELOPMENT CORPORATION
131 No. Tltstia Avenue • Suite 100•• 'll�stin, CA 92680
(7�4) 558-6939 ♦ Fax (714) 558-9301
October 2a, 1994
Riverlakes Ranch Master Association Member
Re: Riverlaloes Ranch Beach Ctub
Deaz Home Owner:
P.4i6
IIurittg the past several� weeks a number of rumors and misinformation • iiave been circulating�
within the community regarding the status of Riverlakes Ranch Limited Partnership, the
master developer and the Beach club. The purpose of this letter is to provide you with
accurate information and answer any concerns you may have,
1. What is the status of Riverlakes Ranch Limited Partnership?
Riverlakes Ranch Limited Partnership ("RRLP"), the master developer of the
Riverlakes Ranch master planned community is currently under Chapter Eleven
bankruptcy protection. Under this form of protection, RRLP is able to operate
business as usual under its own management and work t0 restructure existing loan
commitments. No trustee or receiver is involved.
We intend to work through this condition as quickly as possible while maintaining
the ongoing development of the Riverlak.es Ranch master plaumed community, as
originally conceived,
Z. What is the status of the Beach Club?
Construction of the Beach Club has already begun. Construction projects ar� ����
aceomplished in phases and the Beach Club is no exception. The design and
construction drawings have been completed and a building permit has beett issued.
The rough site grading has be�n underway along with underground utilities and some
parlcing lot surfacing.
We are currently negotiating the construcaon contracts foz the buildings, pools and
landscape features. _ A copy of the plannetl Beaeh Club is attaehed for your
informaaon.
0
` OCT 26 '94 11�20AM RIVERLAKES RANCH 805 5890631
3. Does the Chapter Eleven status effect construction of the Beach Club7
:�-�-- _ _
P.5i6 �
No. As part of the master planed community, funds specifically allocated for the
developmenc of the Beach club have been set-aside in a special bank account. Thosc
fund are sufficient to pay for the uncompleted phases of construction of the Beach
C1ub facility and arc cwrrcntly being extended for an additional yeaz, and will not be
allowed to expire under any circumstance.
4. What is the esamated completion date of the Beach Club?
Obviously, the August 1, 1994 target dace has past and although the site work and
udlities are well underway, the cuirent estimated occupancy date of the Besch club
is June 15,1995. Tt is my sincere hope to sec our first �ourth of 7uty celebradon at
the Beach Club chis next. yeaz. To this end, the Board of Directors of the Riverlakes
Ranch� � Master Association h�s voted to extend the project close-auc date of the
Beach Club to August 1,1995 ar►d is currenfly providing all necessary documencation
to the required governmental agencies and thc bank holding the funds for its
completion.
5. When will the Riverlakes Ranch Master Association hold it's first meeting?
The first meedng of the Riverlakes Ranch Master is tenta�tively scheduled for late
November or early December. Fach property ownez will be receiving a rtotice in the
mail explaining the �ur,pose of the first meeting and an invitadon to participate in
your community associadon. '
I hope I have been able to answer any questions you may have regardiu�g the Beach club.
If you havc any furthez quesdons or comments, please do not hesitate to call me or Pete
Leiferman at (805) 589-Q408.
Sincerely,
AKES DEVELOPMENT CORPOR{�TTON
� 1 .. ...
�
George Su uld i"1"G)
Executive Vice President
GS/bcz
enclosures
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DEWALT• ENGINEERING • PLANNING • SURVEYING • LAND DEVELOPMENT • CONSTRUCTION MANAGEMENT
_� •
� ,
October 25, 1994
Members of the Association
Riverlakes Ranch Master Association
Bakersfield, California
Re: Riverlakes Ranch
Beach Club Facilities
DRE File No. 030908SA-F00
Dear Member:
ocT z � �a
�
Enclosed herewith is the following information to bring you up to date on the status of
meetings and construction of the Riverlalces Ranch Beach Cl�b Facilities. In addition,
information is attached concerning bonded obligations and measures that can be taken to
address and insure that the Beach Club Facilities are built in a timely manner in accordance
with the By-Laws, the Master Declaration of Covenants, Conditions and Restrictions of
Riverlakes Ranch and the Final Subdivision Public Report as issued by the Department of Real
Estate of the State of California.
1) Copy of proposed Petition.
2� Copy of newspaper articles announcing a meeting called
by the City of Bakersfield on Tuesday, October 25, 1994
at 6pm in the Centennial High School Cafeteria, said
meeting has been changed to Friday, October 28, 1994.
3) Copy of the By-Laws of Riverlakes Ranch Master
Association.
4) Copy of Section 14: Enforcement of Bonded Obligations
5) Copy of California Republic Banl< Set-Aside letter dated
October 5, 1993.
6) Copy of Resolution dated October 12, 1994 extending
the Beach Club completion date.
Your attendance at the Friday evening meeting at 6:OOpm in the Centennial High School
Cafeteria to show support and interest in the completion af the Beach Club would ba
appreciated. Your signature on the petition is requested in accordance with Section 14:
Enforcement of Bonded Obligations to insure a special meeting is called by the Board of
Directors. After your review of the enclosed information, a Member ofi the Riverlakes Master
Association will come by to ask for your signature on the Petition.
If you have any questions, please don't hesitate to call me at 323-4600.
�.�ry truly yours, `
/' � `�fC,.�; l ;,� , -'
��-L. �-�-� c:
% Dennis W. DeWalt
�
�%
DWD:mIp
enc.
1930 22ND STREET 6AKERSFIELD, CA 9330t (805) 323-4600 • FAX (805) 323-4674
cc: Bob Price, Mayor
Kevin McDermott, Vice-Mayor
City Council
Conni Brunni
Patricia J. DeMond
Lynn Edwards
Randy Rowles
Mark C. Salvaggio
Patricia M. Smith
Allan Tandy, City of Bakersfield
Jack Hardisty, City of Bakersfield
Laura Marino, City of Bakersfield
Judy Skousen, Cit y�f Bakersfield
Nathan gaker, First Interstate Bank
Ed Smith, First Interstate Bank
Grady Buck, First Interstate Bank
Greg Gill, First Interstate Bank
Scott Murray, World Title
George Suzuki, Riverlakes
Frank Lope2, Riverlakes
George Schader, Riverlakes
Kati DeWalt, The DeWalt Group, Inc.
Stephan J. DeBranch, DeWalt Corporation
John 0. Hazzard, Bill Vierra & Associates, Inc.
Coleman Homes, Riverlakes Builder & Developer
U.S. Homes, Riverlakes Builder & Developer
Centex Homes, Riverlakes Builder & Developer
Greg Bynum, Riverlakes Owner
Earle Gibbons, Riverlakes Owner
John Kelly, Riverlakes Owner
Kyle Carter, Riverlakes Builder
Probuilt Development, Riverlakes Builder
Woodard Homes, Riverlakes Builder
Hugh Pearson, Riverlakes Builder
Floyd Hinesley, Riverlakes Builder
Board of Directors, DeWalt Corporation
Board of Directors, The DeWalt Group, Inc.
Val Vista, Riverlakes Ranch
Joe Roberson, Riverlakes Builder
Kenneth W. Kind
Gary E. Klausner
�
PET/T/ON
DATE: October 25, 1994
TO: Duane Henning - Secretary
Board of Directors of Riverlakes Ranch Master Association
FROM: Members of the Association
WHEREAS: In accordance with Set-Aside letter from California Republic Bank to World
Title Company dated October 5, 1993, we as Members of Riverlakes Ranch Homeo.wners
Association, Inc. hereby declare that subdivider (Riverlakes Ranch) has defaulted by not
completing the Beach Club facilities by the maturity date of August 1, 1994; and
WHEREAS: In accordance with the By-Laws of Riverlakes Ranch Master Association
Sgction 3: Members Meetinas, Riverlakes Ranch is in default of the By-Laws by not calling
the first meeting of the Members no later than six (61 months after the close of escrow on the
sale of the first Lot in the Project which took place in September, 1993; and
WHEREAS: In accordance with the Master Deciaration of Covenants, Conditions, and
Restrictions of Riverlakes Ranch (Section 14: Enforc�rnent of Bonded Obligatinns) we as .. , _,.
Members hereby request a special meeting to initiate action to enforce the obtigations unde�
the Bond (Set-Aside letterl. At such special meeting a vote of a majority of the voting power
of the Master Association residing in Members other than Declarant to take action to enforce
the obligations under the Bond shall be deemed to be the decision of the Master Association
and the Board shall thereafter implement this decision by initiating and pursuing appropriate
action in the name of the Master Association; and
WHEREAS: In accordance with said Set-Aside Letter, Catifornia Republic Bank states
"our obligations to the Riverlakes Ranch Homeowners Association, Inc. shall not be abrogated
or otherwise affected by the bankruptcy of borrower by any stop notice (except a bond stop
noticel, tax assessment or levy, attachment, execution or other legal process against the
borrower �or by the breach by borrower of any obligatio� to lender arising out of the financing
of the construction of improvements in this subdivision project."
WHEREAS: In accordance with the Oepartment of Real Estate of the State of
California Final Subdivision Public Report which states:
"No escrows will close in this phase until comp�etion of the common areas and
facilities on Lot 'A' or, as an alternative, the Subdivider has submitted a bond
or other security acceptable to the Department of Real Estate under the
provisions of Section 11018.5 of the Business and Professio�s Code to assure
lien free completion of all commo� areas and facilities. A Set-Aside letter in
the amount of S839,400 has been posted in favor of the Association to insure
completion of the common facilities located on Lot '8'."
Said Set-Aside letter posted to insure completion of the Beach Club guarantees "NQ obligation
to disburse irom the account for completion of any common area improvements after 180
days after tfie maturity date of August 1, 1994"; and
WHEREAS: It is impera!ive that construction resume immediately on the Beach Club
in order for completion to meet the 180 day deadline of funds available.
We, the undersigned, hereby request a special meeting to address:
11 Continuation of Beach Club construction.
2) Construction to be complete prior to May 1, 1995 if Set-Aside letter is
not extended.
3) Construction to be complete prior to February 1, 1995 if Set-Aside
letter is not extended.
4) Set-Aside Letter to be extended or action to enforce disbursement prior
to 180 days after the August 1, 1994 maturity date.
Sincerely,
Members of the Association
Name Address Phone No.
�
Tuesday, October 25, 1994
Riverlakes. Ranch
meet6ng postpo��d �
A meeting about the banla�upt
portions of the Riverlakes Ranch
project'in northwest Bakersfield,
originally scheduled tonight, has
been postponed until Friday.
City ,.officials said � the meeting
will .be conducted at 6 p.m. Friday
in the Centennial High School cafe-
teria to discuss the city's fareclo-;
sure proceedings against the`
development's . uwners . because I
° more than �200,00o in sewer trunk I
line assessments have not been paid '
to the city.
In addition, there will alsa be
discussion of a proposed beach club
for Riverlakes Ranch. The beach
club was supposed to be built by
Aug. 1, according to a development
agreement with the state Depart-
ment of Real Estate.
Riverlakes Ranch Ltd. filed for
Chapter il bankruptcy reorganiza-
tion earlier this year.
Rosedale group
postpones meeting
A meeting to discuss the High-
way 58 aligrunent in ftosedale to-
night has been postponed, officials
in the Rosedale Qpposition Group
said.
The postponement came after a
California Department of nanspor-
tation project team decided last
week ta remove the Rosedale align-
THE BAKERSFIELD CALIPORNIAN
ment from consideration.
Committee members say they
plan to watch the development of ,
the Caltrans plans for Highway 58
closely to ensure the state agenry
keeps its word. �
The Ro�s�dale . alignment for
Highway 58 ran parallel to Rosedale
Highway but about a qnarter-mile
north. The Highway 58 aligmnent is
being : designed to relieve traffic
congestion in Bakersfield, 'Caltrans
officials said.
The Rosedale group's meeting
had been scheduled for 7 p.m. at
Rosedale Bible Church.
�
Thursday, October.20, 1994 T11E BAKERSFIELD CALIFORNIAN
. . �.... _�� . , • � . . . ,
�'e . . .
•' - - . :,.•. � .
Residents to dis�us�
; �.::; . . t,. . .. � . .
, .:,: , : �.
n s: woes: -���.::.
posed to be concluded by Aug. l. �
The beach club part of an agree-,.
ment with the Callfoaaia -Depart-..,
� ment of 'Beal Estate � and the city;;
has no jurisdiction over the agree-
ment......:.. ,. . ,. ,:J;��,�.: ��
A bank account contaiNng �
�839,000 to build the beach club �'
remains in a bank, sald River
lakes representative Jim Marino.
Stste officials have stopped sales
in some portlons oi the develo� .,
ment because Riverlakea Ranch �
did not have the beach club com-
pleted by the agreement date.
Marino said he believes the
Department of Reel Estate wlll
extend the date for use of the ;.
money, which he plans to move
lnto a homeowners' association •
account.
Merino said Riverlakes ofEl-
cials are comptying with the
agreement because the beach
club was supposed to be complet-. .
ed when 25 percent of the 4,30a
home subdivision were built. Only �
10 percent of the homes have been
purchased. '
A�5 milllon golf � course was -'
also to be bullt at s later date; but
Merino has sald it • will now . be �..
constructed , piecemeal.
Rlverlakes Ranch Ltd., filed
for Chapter 11 bankruptcy reorga-
nization earlier this year..
�
subdiv�sio
. . � � By MARC BENJAMIl�T � �
� cetnomien •bn wrlter
`'� The baakruptcy of a portion of
�he itiverlakes .Ranch subdivision
. and the developers' failure to pay
psseasments to the city and build
a'beach club;for residents will be
�he topic of a meeting Tuesday '
� . �-City officials and representa-
tives from Riverlakes Ranch will
Yneet wlth residenta at 6 p.m. !n
.the Centeruiial High School cafet�
rla.
Bakersfield city offlMals, who
called for the meeting, proposed -
foreclosure proceedfnga•for por
tions of the development to pay
for more than �200,000 in assess-
ments for a aewer tsunlc llne.
The foreclosures are being pro-
posed in areas where no develop-
ment has taken place west of
Coffee Road and east of Calloway
Drlve. Other foreclosures etretch
from Rosedale Highway on the
, south to Norrls Road on the north.
. �-On Nov. 2, The Bakersfield
,Clty Councll may declde whether
•Riverlakes' developers �breached
"thgir agreement with the clty,
�pi�ich involved construction of a
�iroad, wells and payment for the
gepver trunk line.
� : -Construction of the beach club
bn:Riverlakes' property was sug�
�
04/06/93
BYI.AWS
�
RIVERL�KES RANCH MASTER �SSOC:ATION
SEC'''fON 1� NAME AND LOC.�T10N
I.O1. The name of the association is Riveriakes Ranct� Master Associauon ("Assaciauon�).
The Principal aifice af the Assaciatioa shall be in Kern Cauncy, Cali%cnia: ,
• � ►l�M •
2.01. 'Ii�e de�iniaons containcd in the Master Deciar�tion of Covenants, Cenditions, and
Restriccioas af Riveriakes Ranch (herein referred to as the "Master Deciaration'} aQplicable to the
Properry recorded on Apr_'1 30. ' , 1993� in Book. ,�840 , Page �,417 ,
Oificial Recocds, Kera Councy� Califocnia, are incacpacatecl herein by referenee. �
SEC'T'TON ": !viEMBERS��(E�TiNGS
3.01. ennual MeetinQ. The frst meecin6 of the Members, whether a regular at special
measing� shall be heid wichin 45 days after the ciosing of the sale of the project interest which
renresena che ffry-fusc (Sisc) percentile iaterest authorized f6r sale undet the fit�st Public RCpoR
�, for cl�e Project, buc in na event later than G manths after the ciosa of escrow on tt�e saie of the first
Lot in the Projecs othu than to a Subsequent DeveloQer. The next annual meeti�g shall be su by
che Board se as co oecur no lacec thaa 150 days afcer che ciose of che Associaaan's �1 year.
Subses�aesit regtslar aanual meetinss af the Members shall be hdd wict�ia 30 days of the same day
of the same mon[h of each .year chereafter and at the time as sec by the Boacd if the day foc the
� annua! meecing of the Members is a lega! holiday, the mtes�g wiii be heid at the same hour on the
fust day foilowing. which u not a iesal holiday (excluding Sacurday and Sundayj.
�..�
3.OZ S�eciai Mezting�. A sper.iai meetiag of the Members of the Associatioa shall be
promQdy uheduled by the governing bcdy in response to:
� (1) The vote of the governing body iutif; or
(2) •;Written request for a special�meesing signed by Members representing ac
least 5%a of the total voting power of the Association. -
Such specia! meeting shall be held at a time �ixed by the Boacd nat less than 35 nor
more than 9a days after recaipt of the re�uest. The Delegates as provided in Section 4 herei:t, will
rearesent the Class A Members ac ali sQecial meesings of Mambers.
3.03. �otice and Place of Meecin�. Written notica of each meeting of the Members shall
be given to Members by, or ac the direcsion of, che secretary ar penon authorized to call the
meetin�, by mailing a� eepy of such nocice, �,oscase pceflaid� at least !0 days but not mace than 90
days beiore the dace of suc4i meetinr as which Members are required or permitted to take any
.�.
action. T'I�� na�jc� Shall be ser�t to e.�� �rs� mansagee reauestin
�'�fember, che Declaran� ��he g nocic.e and to ea
� encitled to vote thereof, address d to h 11�iember's� dd �� 8 �� A
Association, oc supplied b such Member and tp each Delegace
Y Member or Dele�ate to the l�c appe,�r�g o� the books of thc
Such notice shall specify the !a �►ssociation for the u
meeting, the nature of the busine,ss ce be �m���r of the meesing� and P�°SC of notica'
In the case of a re�ular meatin '��he �e of a special.
d, and that no other business may be transacted.
time the nocice is given, ���n� josu� notice shall include those macters wh•
may be pcuenced ac a re�u�ar mCL�j�ent for aciion by the Memben, hoW�,�� the Board 3t the
Directoc is to be elected shau i��ude the nam of a�11 nom�ees at t� °f an � a�Y pr0p� matter
he time the nocice is give� a
The Board shall s�eci{y che meetin 1a '
thereco as reasenabl g P�. which shalt be held wichittih� pr��� or ��ose
. y possibla Unless unusual cand;cions exiscr :�dembers meesin
outside af the counry in w�i� che Pcojat is siCUated. ���'I�e Dele 'aces w'
Members at all meecings of the Members. � snat! not be held
� �Il repcaent the Class A
3.04, uorum, 'me presence eicher in persen oc b
ent:c1ed �a cast at least thitty.three and one-ihird percent (33 1 3%
y pcoxy� at any meeting� of Members
che ,�sseciation shall conatitute a quocum for any actian �Ce � sof the tota! votin
Articles, che Master Dectarac�o n, o r t h a e D l aws, g P°W� �f
m e e t i n g at w hich a uorum ' P o t h e c w i s � p c� v i d e d u� t he
y �� Members pcesent at a duly qlled or held
q � P���nt may concinue to do business unc� .adjournmeac
notwithstanding ch� wi�hdcawal of cnough Members ro leave less than a
the Section Selow, •qd�oumed �teetings' de rtot a �
impositioa of regular and s Q�orum. 'This Section and �
8 af the Declaracion.
P��1 assessments. Said quo�um reauicements areset f en� for the
o�h in Section
� 3.05. Adiourned �(eetin
meetin� a majoriry of the Memben encicled �a �o�� thereat ma
' f� 9uacum shall noc be present or repratnted at any
adjourn the meeci�g to a time not less than five (S) days nor m
oriSinat meetiri Y� unless otherwise p�ded by Jaw�
g date, at whi� meeting che quorum requuemencshshall be at 1
P��c (25%) of the total yo� �� (30) �Ys from the
adjourned meecin g P�'� af �he Master ���ry•Gve
g is noc fixed by those in attendance at ch� e�a i al meetin�e and p�� fot the
a new dace is f,xed foc che adjourned meeiin g a f� e r a d j o u r nme c. notice
che ad j o u rn e d m e e t i ng s ha ll be given ce the Members and the & or if % r a � y �� n
for regular meetin g s, - D e l e g a c e s a s s e t f o h in c l u�',� S��on
3.06. Proxies. At �j m�tin . . . . '
member may,voce in &s of Members ca elect, remove or inscruct a Dele
beiore che � Person or by p��y, qu �coxies shall be in wciang and %1ed wich �� eaeh
PP°�ced cune of each meecing. F,.xe.ept for an irrevocable
CorPecacions Code Sectien 7613 d
upon canveyance by the member of,his I,cc, o�� �Shall be revocable and .shall au oma��ted��by
of t.tie death or judiciall pon receiQt of notice by the secretar�, o�YB� d
Y declared incompecence of suc,h m�ber prior to che cauncing of the vo
No proxy sha11 be valid after the
provided in che ro �P���ia� of 1 I months fcom the date thereof unless otherw se
permicced by CoPepo�ra�cions��do Secc an 7613 d�e sm of any pra
�)� hatl be three years froma he dace of�exlecu ionY
Dele�ace to the embership of t e Mastritten baliot distributed by che a'biaster
choice between a er �saciatio� shall afford che op�occun�o���n or
� �xceat it shaU not�be manda ory h praV��v�����hfojae! ci1 r ry ��Y a
group of macters to be acted upon,
on co the governing body be named in
-Z.
the proxy or wcitcer� ba11a� -rn� P��, a� Written ballot shall provide chac, whe
SP�es a choice, the vote shall be cast by the Delegate in accordance with that choice.
shall also iden • re the member
� ufy the persen or persens suchocized to exercise the ro �e P�oxy
w� be ��d P xy and che lengch of cime ic
3•��• �!asses of M�.,,���h�� �nd Votin •
of vocing Members: '�a Master Association shal! have three ciasses
D��o a s . Qau,q, Memben shall be a1t pwn�ts� ex��� �he Deeiaraac and Subse ueac
pen, and shati be encided to one voce for each Loc oti,,,�ed, yyhen more than one pers�on or
entiry owns a Lot, all sueh persons and entities shall6e Members and• che vote foc such
� be exercised as �hey among ther,nselves determine, but'in no event sha!! moF�;;ya �� shall
. with re.spect to any Lo� Deriara,nt and Subsequenc Devdo ers shall become ��e vote be qst
regacd to Locs owned by Declaeanc oc Subsequertt Developecs upon the converuan of D
or the Substquent Developer's ��au B Membershtp �o a�u a� A M�b� w`�h
A Membership, as �a�nc's
ptovided below.
a s B. Ti�e Cl<<ss B Member shall be the Declacant and Subsequen� Dc�,elo ers,
who shall be ertcided to three vc�tes fec each I.a�� aWned.
P
ss C. In additio� co ocher membenhips ie may hold. Deelacanc shau be che sole
C�au C Membet of the Master .Asseciacion. The Class C membership shal! be considered a
of the Master Association's votin,g power for the sole pur�ose of electing its directors, and refere
to 'eac}i class of inembenhi • pan
p in the Master Declaratian or in these Bylaws or the n�
refer to CLus C membershiQ for any pucpose other than election of Master qua� � du� not
ors,
� 'Ihe C;ass C l�femiber shall 6e soleiy entitled ta eiect a ma jority of the ditecten bein
elected at eacii eteaion of direetc�cs unci! (i) four 4
� sale of a I.oc in the Project to an Ow�er ocher th n a Subs f� ueace f�� ��� of an esc;row fot the
. for the saie o f 3� O G 8 L o c s, q c c i t � d i n� Apartment DweUin Uni B u i l d e t, o c ( i t � C t o s e o f esCrpw
Subsequeric Builders, whichever shall Frst oc,eur. 6 �+ co Owners includin g s�l e s to
Deveiope�s voting rights under an Neithet Declarant s nor aay Subsequenc
prior to the terminacion of C�ass C��;Q De�eta�cpant shau �d� to che eleetion of direccon
C voting rights f�om time to time, ��he right to waive ics Ciass.
Nocwic�hscandir�g a,�yc�g herein stated. to che contrary� no voci�g rj�� � be
attribucable to a Loc uriless the M�ster Association's regtilar assessmencs have commenced a aiasc
the Loc.. s
` Nocwichscaading anything herein stated to the contrary� this Section shall noc •be
amended to affeet (�a,�s B ar C vacing rights without Deetacant's pcior written consent
For che purpox af this Subsectien •Lo�• shaU inciude eacfi individua
Candominium Unit, or Apartmene. . 1 Lot,
3:08. �mination nf �^ta�; g MemhP��t,t„ � � •
canverted to C.Iass A membersh�p on the occurrence oTf whichaeti, e of he allow n a e ents i�e�ibly
time: . 6 first in
a• On che secand anniversary of the first conveyance of a Lot in the most recenc
�
Phase of the Project to an Owner other than a Subse quenc B u i l der, or
-3.
b• On the seventh anniversary ef che finc canveya�ce of a Lot in the first Phase
of the Projecs to an Owner other than a Subsequent Builder.
� Votit�g cights attributable co I,ecs shall noc vac uacil ass ' � �
been levied by the Master Associatien. �0�� a��t �hose Locs have
3.09. Accion w,_ v� M_si� �y aMjan requiring the voce of the Deiesaces at a regular
or soeciai meecing� .�nctuding the election of Dicectocs where cumuIacive vocing is required� may be
taken without a meeting if dane in compliaace with Cocpocations Cade Seetio� 7513.
is taken without a meeting� the Board shali discribuce a w�icten ballot to Dele�te entided ta voee
on the matter. The ballot shati set focth the praposed action.. provide an, opponuniry co s
approval or disappcova! af any proposal, and provide a reasa�able cime w;chin which co return�
bailoc co che Mascer ,�sseci��lon. qu Such w�itten ballocs;sEtall be f,led wich che Secreta of the
I�aster Associauan and maintained in the Mastec�Assoeiation's ceeocds. Approval by wcicteryn baliet
shal! be vaiid only when che number of votes casi by balloc within the time period specified e uals
or exeeecis the quorum required co be presenc ac a meeting authorizing the aetian. and the number
of approvals equals or exceeds che number of voces chac weuld be cequired to appcove at a meetin
at which the cotat number ef votes cast was the same as the number of voces cast by ballo� g
3.10. �onduct of ti(rrnh�..� �..__.:_ . Meeiinss of the membership of the Auociation
•a •�cCl ►1
s all be conducted �n accordance with a reco niZed
pariiamencary procedures as the Assoeiatio� ay adoQ S�em of parliamencary procedure oc sucf�
SFc~*rn�.r ,,...«r-*....-- --
4.01. Annuai Vteetin t �f u� 'mere shall be an annual meeting cf Ciass A
•.� � �ucr�.
�'' `�b� in ��h Delegace District not covered by � a Sub•Asseciation (hereinafter
'Non�ubasseciauon Deiegate District•) co elax a Delegate pursuant to the Section 6.13 of the
Master Dec3atauon. Suct� meeting shall be held not leu than ten (10) days nor more than s' 60 •
days prior to cach annuai meeting af all the Mascer �Y �)
inida! annua! meeting of such (�ass A Members shall�eti �ace immedial�e.�l��d�' h�"��+ �he
meecing of all che Mascer Assaciation Memben, p Y Prioc to the initia!
4.02 Selectinn of DeleeateS, At the initial meeting af such C�ass q Membets wi�hin q�
Non-Subassociauon Deleg�ate District. and at each subsequene annual meecing� che Members
dea o�e Delegace and one Aiternate Delegate as pcovided in the Seccien 6.13 in the Master
Declaration.
�
d.03. Snecial Meetines, Special meetinr,s of Class A Membars wichin any Dele ate Disc '
for any pucpose or purposes whauoever may be called at any time by the Delegate or Aiterna e
Dele�ate or by the wcicten request of Gve percent (S%) ac more of the vocing powe� of Members
within the Delegate Distric�
4.04, Location and 'T'�me of �1eec;n s, A!! meetinss of Members shall be held within the
Properties oc Such ocher location within Kern County in reasonable proximity to the Properties as
may be designated in the nocice of ineecing.
4.05. Norice of ti(eecin s. Wcitten noeice of each meeting of the Members wichin a
Delegace Discrics shall be given by, or at the dicection• of.
�
penon auchorized co c.zll che meecing by maiJing a capy af such otice by f st c ass ma�esa�e �r
�l. postase
-4-
�
pceaaid. at least ten (10) but rtot more than ninecy (9p� days before suct�
wichin a Delegace District etsticled �o voce thereac, addrrssed co
�on the books of che Mascer qssoc�a�ion or supplied�by such Member io meeting co each Membar.
� che member's address last appearing
che pucpose of notice, and co che halder of a first Moctga e �n �he Mascer
requested iti wclting su� notire. Such nec1ce shall s S �mberin an ���t0n foc
The halder of a Frsc 11Qon pecify the ptace� day and hour of the meecing,
� Who shali have the cight to a�t n a11 meet ngs o M�Cm efse entitled to desi
gnate a represencacive
�
4.06. Non- 6�����:� • •
at che meeting af Members wichin a N�n�ubau�ja�iontDetegate District
FtOxies entitled to cast, a maje�riry of the tota! votin ' ThO Preseace
Qass A voUn entitted to cast, ar of
g Pewer)� sha11 constitute a quorum foc e! cti n taf tDhe! Deles ��tr�nt���,�, of the
Delegace, ,'Ii�e Mera,6ecs pr�,;�ni� a� a duly caUed or held meecing ac which
cancinue with sueh eleccions un,cii adjournment notwichstandin �h a�ern�te
power to leave less than a quonlm. If. however� such quo�m s ��u�Nm � P��ent may
g e withdcawa! of enough voting
a� 3ny meeting, the Merttbers o.f such Non-Subassocia�1o� Dele ate D' '
haU not be preseoc oc cepraented
�Y FtOX}' maY nat centinue with such elecsions buc shal! have the ower to rl� pr�n� � p°nO" °r
time co time, dvitho�� notiee ocher than announeemenc at the meetin
present or represented or, unlas� otherwis� p�o���Cd b law � �dlourn the meeting from
less than fve (5) days not more than chice �' u��� a quoNm sha� be
Y � may adjoura the meeting to a time �ot
�e�+ a� Which meesing the quc�rum requirement shall be twen •five
y(30) d�ys followins the time the original meeting was
vocing power of the Non•Subassc�eiacion Delegace Discrict. if a time and
meecing js no� Fixed by those in a.ctendance at the o�i ina ty Pereent (25qa) ap �he total
is t�ced for the adjourr�ed meetin ► Place foc the adjouraed
g! meesing or if for any reascn a new date
_ meeting sha11 b� glven to Membe:rs in theJmanner p�� b�d joccr ime and ptace of ihe adjaurned
egular meesings.
4.07. oxies. Every M,:mber eatitled to vote for an u
so either in penon or by an agent or agenu auchorized by a w�itter� ro
Y p rpose shall have che cighc co do
°� his duly aucho�ized agent and �:"�Ied with the seeretacy, of the M er�A,u ��� �
no such proxy s}i,�ii b� va�d a f t e t' t h e su� P��an
� x x u c ien. Any sveh focm ag r � P�� i a n o f e leven ( I1) monchs foll w n�� p� v i d� �a�
between appco� and disa P�7r oc wtitten ballot shall affacd the opponu�ry �o �� �� °f its
a candidate for election as ar Del,..g� � a,vicerna e Dete a P� a�oice
written ba!!o4 'I7u proxy oc wrictea ballo � P°f matters to be acted upon� t that �
the vote shall be cast in accocdanr t shat! pcovide tha� where he Memb am� � pa � or
persons auchorized to exetcsse fhe pro�xy andtthe lengt of time ic wa� ���� a choice,
P xY also identify the person oc
ill be vatid.
'` NO�wi�hsta�ding the. above, a Dele��e oc Alcernate Delegate may oN act
at a meeting of the [�iazter Associa�ion oc b y w r i c c e n b a ll o c a n d 'ma nec
Y penonally
. ' , Y act by P�Y• .
S.O1. Nu�, �e affairs of this Mascer Association shal! be mana ed
seven directecs, 'I�e F�L du.�tors shatl be appainced by Declarant to
generst membership meeting and election, g by a Board ef
serve prior to che iusc
5.02. Term of Oftice. Un�i1 the first meecing of Members, the direccors sha!! be
and concinue to serve pucsuant to Deetacant's •r
� may be removed and replaced by pec�aranc. A� Ph� rm� �n� �� meec n, ��of Membe �hc pointed
PPointed by Declaranc
rs. Class C
-S-
Member shall elect four directen for terms of thcee years and the Deiegates shall elect chre
directots fer �erms of cwo years, 'Ii�ereafter� directocs shal! be elected at each annual meetin o
Members to Fili che vacancies of thase •directors whose term expires (wich the Class C Member
�'' ' electing a majoriry of che Board and the Deiegates eleaing the remainder o
���m af each sucf� direetar so elected shall be cwo years. If any such annualf ineeti8ng rs noc held,
or the directors are not elected thereat. che dicectors may be elected at a�y specia� meesin of
Members held for that pucpose. 'Ii�e aau B Members shaU not be entidtd to vote for directors
ynul expiraaon ef the Clasa C Membership. Upon icacion af the
duectocs shall be elected by the Delegata and the Cta B Members pcovi�� a Mo ong azl�here
are both CSa,ss A and B memberships in the Mascer Association not less than two of the isicumbents
on the Beard shall be eleeted selely by the votes of Delegates cepceseacin the
All directors shall hold office until their successecs are elected , S �u A Members.
S•03. Remova .--'r7�e entire Board may cemoved, wich er wichout cause, byt a va�e foc
removal which includes the Class C Member and a majority vote of the Dele�tes. Unless the
entice Board is so remaved, an individual directoc shaU not be removed except by the CIass C•
Member if elected by the CIass C Member. An individual director elected by �he Delegates shall
noc be removed if che number of vo�es aga;ns� �he resolucion foc his removat or not co�sencin in
writins ca his removal would be sufficienc to elect the dicector if voted eumuiatively at an elecsion
at which che same total number of veces were cast and the encire number ef directors authorized
ac the time of the most recent election of direcsocs by the Delerates were then being elect�d qn
dicectoc elected to office soleiy by the vota of Delegaces represeacing Memben ocher th Y
Deeiarant may be removed from ofFce pcior to the expicaeion of his cerm only u on the vote an
Dele�ates representing a simple majoriry of the vocing power of Members ocher• han D� °f
In che eveac of deach or resignation af a direcsoc. hu suxessa� ma be seiected by ��
Members of the Board°and shall serve for the unexpired term of his red �he remaining
,� removal of a directec� his S�ar�� S�au be selected by a vote of �the p��C Member if che
removed director was elected by the Class C ytember. In the event of removal of a dueexor elecced
by che Delegaces, his successac shall be seiected by a vote of the Delegates. A replacemenc dueccor
shall senre for the unexpired term of his red
afforded the Qass C Member as provided n Sect��(,,p a f he Mazter D�f �he voting rights
pewer of Class B membess sha11 extend t o t h e r e m ova l o f t h� encire Board oc oe f t e dira�ors othet
t han t hose appointed solely by che Delegates, a'�
5,04. Indemnifi�t�an ef Offi �-
rs D �^ - - . Each D'uector.
�fticer and Co�nmute� Member shal! be indemnified by che Mascer D�egate
against all expeases and liabiliti , �auon and the Members
him or her ud � in�udins attorneys fees� reasonabty incucred by or imposed upon
bY 1��t or settlement in w�nection wich an
be a party�qr may bxorne inyol�� by ���� af being or hav ng been atD'uecior. Dele acesOff ay
or Cemmittee Member ef the Mascer qssociatian� so long as such person acted in good faith and
in a manner snch persen reasonably betieved to be ;n che besc inc
che case of a criminal P�o��� �sts of che eorpecacion and, in
was uniawful. In this ce,acd, the p ovis ons ofsCa�perat ons tCod Section �onduct of such person
entirery. �. 7237 shal! apply in their
6.01. Nominacion, Nominatian far election to the Board shall be made by a Nominatin
Cammittee. Notice to the Membcrs of the meesing shall include the names of all those who are
� nominees ac che time che nocice is sent. Nominations may alse be made from the Qoot at the
-G-
_
annual cne=ting, '�� Nominacin
g Committee shall cans;sc of :, Chairr�an, who shau be a
of the Board. and two or more Delegnces. 'I'he Nominacins Cammit
� Board noc less chan thirry da member
ctose of such annual meesin �' nrior to each an�ua! meeting of thetlb(e hau be appoin��� by the
election to che goard zS i��h� ° Nominacing Commiccee shall make a=b��' to serve uncii the
�a�ancies that are co be Filleti b� i� d�retion determine, but not � many nominations for
nanmembers, qu �ndidaces sh;all hav�e cie.�so ble o� nomiaations ��han the number of
to Members and Deie�ates and to solicit votes, maY b� made from among
pponuniry co communicace their qw�{�11ons
6•o�. Electier, ��u,,,;; ��. ��ton to the Iioard by the De1c ac
ballot. No Delegate shall have �:he righc co cumulate his voces un!
been placed in nominacion prio�• co ch� vocins and the Dele ' �� Shau be by see�.�� �tt�n
. 6 of' fhe Detegate's intention to cv � the ��djd���� names hav�
prior to: the votin �atc has giveit, notice co the meetins
cumulace voces, a1! Delegates stiall have the right to cumula ��ve� r one De�e te '
number of votes equat to the nurnber of directecs �a be elected mu(t�'a�d � u�U�� �o
co which he is encitled, oc to disq•ibute his votes en the same rinci �� �vc °ne �ndidate a
as he shall think fic, '�'}�� plled by che number of votes
candidaces receiving the highest number of voces ��s many candid.1tes
direcsors te be elected shal! be ele�=ed.
the electien of directocs unti! the C;au C Membersh � has� e�au B Q t0 �he number of
Members shat! not ext�nd co
. P m�nated
S�CTi(�N--��'�'1NGS OF DTR CT�Rc
7.01. Re�lar A�(e�fin c,
place within the pro � Reb+u��r meecings of che �oard shatl be held quacteriy at such
1�. and at sue}i hou� as may be i"uced from tirrse co time by cesolution ag �
Board. Should said meeting fall u��on a le,ra! holid�y� chen that me '
'� time on the next day which is not a le h�
: cime and place at sucti meecing shall be posted t a romine C�g s�all be held at the same
Area and shal! be communicated t�� the B y� ��uding Saturday and Su�day. Notice of the
wricten coasen� to the hotding of the meecin p n� Place or �laces wichin �h� ��on
o�rd Members who have sisned a K,aiye�. of notice oc a
Baard members who have si �' HOW��r• n��i� of a meetin
rrieetin &�� �a waiver of notict or a' written conse�tso � h�� �� to
. �. If ihe Common Area is unsuicable for postiag of such noti
communicate the noace of the cime aad place of such meeting by a�y m�� • � of the
ce, the Board shall
7.02 • ic deems aPProp�iace,
�ttecial Meetinae. SF,�aI meetings of tke Board shall be hetd wher�
notice signed �, �h� Pr�d�t of the
'Iiie notice shai! S ��iation. or by any cwe Directors other tha�nllthe pj dt��
� to be co�ud��;p�'� ��e cu�� and plaee of. the meeting and che nacuce of an s
The notice shall be seru co aU Dirertoca and posced ac a pcom�ent
' P�� �l�n �he Cammon Area o� c�mmunicaced to all Members in c y P�` b��ar
for notico of regular m�� he same maruser t�,�q�u�
p�d� t1�t notice of tha meeting need not e g ven ta Doard
of notice or a wricten c o n s e n� i o c h e h o l din pri°r to the scheduied time of the meetin
M e m b e r s w h o h a v e si ned a &
g of the meeting, g Waiver
7.03. uorum, q majociry of the number of Directo
tcansaccion of business, Every a�t ��rfotmed o� deeis;on � m de hb U �°nstiwce a quocurn for the
present at a duly held riteeting at which a quorum is p�eSent shal! be «ad�di�Y of the Directers
Bcard.
g ed as che act of the
�
7.
7.04. O�en '�f_����t. Regutac and special meetin s of the (3oard shall
Members ef che M�scer q�a�a�ion provided, however, that Mascer Associacion
not on the Board ma be opea to al]
� y not particip�ce in any deliberation or diuussian unt�ess�bexrc� are
authorized by che voce of a majociry of a quorurr� af the Board. .
Q y�
7.05. �xecutive S�t����, �� Heard may, with the a roval of
present at a.meetu�g in which a quocum for the cransaccienPaf business h� jbe� l� members
adjourn a meeting and rer.anvene in exeeutive session co discuss and voce u on
litigation in which che Master ��bUshed,
orden of busineu af a simiIar��� �i�.i:h� natu e of �n n and at1 Ved, disci l�a�onnel matters,
eacecutive stssion shall Fjrsc be annaunc�d in open seuian, � ry ma���' and
Y business co be considered in
, , .
7.06. Acrion Without Meetiin , 4
ics members co�sent in wciting to the aetion to be taken.Y �ak��actions wichau� a meeting if a11 of
If the Board resotves by unanimous wcittert cansent ta take action, an ex lanat'
of the aetian taken shall be posted at a prominenc place oc piaces wi�h� �he Ca
three days after the written consencs of all Boa�d members have been obtained p ion
mmon Area wichin
SECTTOIY g� O�TC�RS AND THEIR D[1Tt�c
8.01. Enumer�cion and Term, 'I'he officers of this Association s
V���•Presldestt, who shall at aU times be members of �he Board• a S� hall be a Pcesident and
Officer, and sucl� other offcers as che Board may fcom time to time b retary, a Chief Financial
oc may net be members of the Board. Each afficer shall be elected annu 11� b t �h���t�' who may
shall hold office for one year unless he shat1 sooner resign, oc shatl be rem
�.i ��4u�ied to serve. Y Y Boacd and each
oved, or othen+vise 6e
$•�Z. Elecrion of Officers. 'I�� electian of officers sfiall take ptace at the
the Board fallowing each annual meeting of the members.
fust meecing af
8.03. Snec�;a� qn�ointments. 'I�e goard may eiecc such a�her offi
Assoaation may requue, each of whom shall hold office for such erio h�� as the affairs of the
P�O� s� duties as the Board rrta P d, e such auchoriry
y� from time to time, decermina � and
8.04. Resienation and Remn�t, qnY officer may be cemoved from o
the Boatd, if he u alse a gaard member) by che Board wich oc without cays �� �but not ftom
r�'� a� a0Y ume by giving wrl«�n notice co the Board, �he President or t
resignation sha!! tak4 effect an che date of receipt of such notice o� a ��y ��r may
ther ' he Secxetary. Such
etn, and unless echerwis� spe�fied thetein, the acceptance of such �eug�a� hall ��
n��Y �o make it effective. not be
8.05. ' ' v��nc'es. A vacan
Boacd. 'Ii�e ofFcer appointed to such va�� �n any ofFce may be f�!!ed by a{�pointment by the
replaced offic�r, ry shaU serve for che remainder of the terttt of the
8•06• Multi fe Offices, 'I'he offices of Secrecary and Chief Financial Offcec ma
by che slme person.. No person shall simultaneously hold more chan one of an of the
exceat in the case of special offices created �ursvant to the section on "S ecial q Y be held
this Section. Y ocher ofFces
� i� ppoincments' in
•8.
$'��' D-1e_s• The ducies of the officers are as fotlows:
� .
�- resident: 'I�e pr�ident shall 6e the
.4ssociacion and shall� subject t,o ch� chief ex
concrol of the business and the c�fFcers af the Auociatie�, He sha �tiYC °fFcer of �e�
contro! of the Board, have genrrat supervision duties and
Baard; shall see that orders amd cesoiucions of the Doacd are call Preside at
morc�ages, deeds and ocher wricter� insccumenu a�d shall be d' � me��� °f the
cried out; shall sign all le.zses,
auchorized to co.s;sm all c�� �tnd p�om�a esignated as one of the officers
ry notes,
President in the e�,�n� ofI ch P�==�� T�e Vice•President shaij act in t
�-_ powers and di r�s,ldent's ab�eace� in�bJity oc refusat to acte ��1�� �nd stead of the
scharge such ducies; as may be required of him by the Board.��� shall exercise such
�. Se��; The Secretary shall recard che voces and ke
offce of the Asscaacion che mir�uces af a�� meetinss and proceedin
membem serve notice of ineeting's of the Board and of the members• ke � a� �he principa!
of the Assacia�ian a ro riate cu,rcenc rece�ds showin the Ss of the Boacd and af the
wich cheir address QP P , ep ac che pcincipal ofCce
es, and shati per�fo�m such ocher duc es as equ ced by �h� H aa �d�tion togcther
� d• ChiefFin�n�cia! Officer;
'n aPP�opriate bank accaunts all mc�n�es of che Associ�tion and shall d'
'—�--�-.__ The Chief Financia! Officer shall receiye and deposit
by resotution of the Boacd; shall be designated as onc of the officer
and co uburse such funds as d'uected
P�ary noces of che Association; and shall ke s authocized to casi
� proper books of accoun� � all checics
__ � S�C�ON 9• COMMT'T'T'FF
9A1• 'Ii�e Board shall app�oinc a Nominatin
addi�lo�� �he Boacd shall appoinc ocher corr�micceu as dee
g Cammittee, as prCVided in these Bylaws. In
p"`17O�s. Chairpersons shall serve at the piwsure of the Preu ent, and mem
sha11 serve at the pleasure of the chaiiperson of each r pPro nate in c�crying ouc ics
keep wRn�n _ m��ia of their proc�edings� report che�r�roC �d�i'Ommittee, b� °f C°"1mittees
minuces with the Secretary, ��mmittees shal!
_ P ngs ,to the Boacd� and file thett
.. SF�� N tO• [3OOKS ANn n�r►nn,...
10.0�.� ecrio Me be ♦
telephona numbers � �• ThO m�bcrship �egiscer (inaud� nam
) books of accounc and minutes of ineetings of the m�b � addres� and
of committees,shall bcmade availabie for ins
or by his duly appa��� repcesentative, ac any � anabi� °m a�d �o` a �' °f the Board and
co his incerest as a member� at the ofCce of che qssoc;ac;on pY g y Y member of the qssoc�4o�,
as che Board sha11 r or ac such ocher� ace w ihinche Project
P �sa'ibe.
lO.OZ Ru1es for Tnsnecci�n, 'me Board shatl establish reason
able rula wich respca co;
a• Nocice to be given to the cuscodian of the �ecards by the memb
to make che inscecsion;
er dairin�
'� b• � Hours and days af the week when such an inspectlon may be made;
-9.
� Paymeat of the cost of reproducing capies of documencs requested by a
member.
� 10.�3. Insneccion hv n��Pcton, gver�, D�rector shall have the absotute cisht at an
ceasanable time to inspect all books, records, and documenu of the Association and the physi 1
properties owned or controlled by che Association. The right of inspection by a Dirertor includes
che rishc co make excracts and copies of doeumencs, at the expease of the Association.
10.04. Review of �n�ncial Records. 'Ii�e Board shall ceview on at least a quarterl basis
a current recanciltacton af the Associacion's operating and ceserve accaunts, the cucrent year's actual
ceserve revenues and expenses comQared co che cunent year's budget and an income and expense
stacement for che Assoeiacion's operacing and reserve accouncs. 'In addicion; the Board shall review
che lacest accaunt statements prepared by the finaneial insc;tucions where fhe A:�socia�ion ha� its
operacin� and res�4v�.accounts. For pumoses herein, •ceserve accounts" shall mwn monies chac
the Assaciation's Board has idencified fcom its annual budset foc use to defray the future repau or
replacemeat of, oc additions to, those major components which the Association is obligated �o
maintain.
10.05. Reserve Account Withdrawai Resrrictions. 'I'he I�e�cd shat! require that at least two
(2) sisnatura be needed for the withdrawal of monies from the Association's cesecve accouncs, who
eicher shall be members of the Baard or one (1) member ot the Doard and o�e (1) officer who is
not a member of the Board.
10.06. Records, It shall be the ducy of the Board to cause to be kept a complese record af
all ics acts and corpocace affairs and to present a statement thereof to the Dele�aca at the annual
meeting of the Deiegates, oc at any speeial meesins when such scacemenc is requesced in wcicing by
� Delegaces or Members who hold one-fourth (1/4) of the Cl�ss A vocing power.
SEC?'iON t_�SMFrrrc
1I.01. As more fully ptovided in the Deciaration, eac}t member is obligated to pay to the
association Rerular An�ual and Spccia! Assessments which are secured by a lien upon che Loc
against which the assessmeat is mada Assessme n c s s h a t! b e d e linquent and bear interat u
provi d e d io the Dedacapan. '�� q��a��on ma y. b � � n s d � a c t i o n a t l aw against t he owner
p e r s o n a U y o b li�ace d co pay che same or reeord a Noci c e o f De linquenc Assesamenc and foceciose
c he liea against che Loc, and interat, coscs, and reasonable actorneys' fea of any sueh aetion shall
be added to the amount of sucli assessmenc. No own e r r r� a y v�,aive or othetwise escape liabiliry for
t he ass�ssr�nents provided for huein by nonuse of the Common Area ar abandonment of a Loc.
�tr • � u�
1201. Amendment of �3vi�ws. Prior co ctose of escrow on the sale of the fust Lo�
Deciarant.may amend these Byiaws. After sale of the first Loc. these Hylaws may be amended, by
an instrumenc in w�icing signed by the Mascee Associacion's secretary certifying that (i) at least
fifry-one percent (S1%) of the CIass B vating power aad (ii) Deiegates who hold not leu than
fifry-one percent (51°!0) of the vocing power of CSass A membership of the Master Associacion have
approved sucf� amendmenc, any which amendmenc shall become effective u{�on such cerciCcacion
being made. After conversion of the Class B membersh;P in the Master Association to Class A
membership, these Master Bylaws may be :imended :it any time and C�orn cime to time by an
�
�I��
jnscrumenc '
u� writing si,n� ;5y the Mascer ,
hold noc leas chan (i) fifty.an�, �+sscciacion s secr��a
� and (u) at leasc t'if one Percent (SI%) of the coca! vocia ry C°nifying chac Delegacu who
othec than Declaranc or a S��s�Qu�n� DeY la C�� S Power of the IKas�er
g power of Members of che ���tacion,
percencage of votin P r have spproved such amendrt�en�ster,4sseciacion
s power ne�cessar�, �a amen� a s However, the
the prescribed percencage of afi,rmacive voces required for ac '
pecific clause or p�ovision shall not be less than
. tton to be taken under that c�ause.
S—F�-�.�N I3' DiSC'P �INARY PRc���n� 1R�c
�.QI. : otice and ear�in J
Deciaracion rrs� be im --�' Before disciplina�y aciion authorized under Sect�en 9,p2 of th
Y posed by the Assec�a�ion, the tawner asainst whom iNch �ccie '
to be cakea and che Owner's L)elegate shall be siven notice and e
ac,cordaace wich Sution 73q I o.f the Ca n'S Proposed
tj�otations Cude, as followshe �����unity to be heacd in
Deiegate at teast 1S day p o� co heB�a�d shall �i�� W�i��en natice to the
. ac�lea. Sucf� nocice shall set forth those `facts whi� che Board �W"er and the Owner's
m����g at which the Bo�rd wi!! consider imposing disciplinary
and the time and ptace of the meetin
believes justify disciplinary action,
by rcgistered mail �o che last address of suci� member as shown
�. T'he notice shaU be given personally to such member oe sent
T�O °PP°nuniry to be he�rd ma;y, at the election of such member �he recards of the
°avr noc less than S days before the effective date of the imposition of fin ����tion.
or other discipline. . be oc�al or in wciting and sha11
es. sus�ensioa of rights
b' He-3-C10S• �I'he heatin� shall be conducted in the c
is located, at a place desi�nated in the noc;ce co che accused me
of noc less chan three nor more chan five Board memben, ounty in which �he projeet
`'� � mber, b
the Praidenc, wha shall perform che followins duties; Y`' �ommiccee composed
The he:irins shall be pcesided over by
�
perscns making them;
�1) Read the charses asainst the subjecc member,
i2) Require that the chargr„t be vtrified by testimon of the
Y penon or
�-�3) H�ac any other witnesses against the subject member-
�4) Atlev�► the sub'ect �
cestimony of that wicness; ! member to cross.examin� �� wi�n� rollowing che
` .
behalf;
and
�S)
(6)
.411nw the subjecc member to make a stacemenc in his oc her own
�llow che subject member to call wicnesses in h;s or her own behalf
.
��) A11ow che members of che commictee conducting che heaci
question the wicnesses after they have been 9ues�io�ed by the sub'ect
ng to
1 membe�.
-11-
�
The commictee conductin� the hearin� shall conduct the he�cing in good faith and in a fair and
reasonaole manner. 'I1�e commictee shall have the exeiusive �ower �nd auchority to deeide chat che
proposed disciplinary action noc be im{�ased.
�u
� ecision. 'I'he commictee shali notify the Owner
within 3 days of che hearing. The effective dace of any disciplinary
cammictee shall not be less than 8 days after che dace of slid decision.
in wciting of its decision
action imposed by the
In. the everic Cocpocacions Cade Section 7341 u hereafter amended, the amendment wiIi prevai!
over che provisions incarpec�ced above.
SEC'�'TON 14�_ti1TSC�L ANCOi1S
14.01. Com�ensacion, No direcsor or officer shall receive compensation foc any service he
may render to che Mascer Associacion. I�owever, any director or officer may be reimbucsed for his
actual expenses, if reasonable, incucred in the performance of his duties.
14.02. Fiscal Year. The fisc.zl yes� of the Master Associacion shall be�in on the frsc day
of January and ead on the 31st day of December of every yesr, excepc that the fust fisc�! year shall
be�in on the close of escrow on the first s�le of a Lot.
14.03. Inte recation. In the case of any contlict besween the Articles of Ineorpecation and
these Bylaws, the Articies shall control; and in the case of any conflict between the Master
Declzration and these Bylaws or the Articles, the Master Declnration shdll concrol. In case any of
� chese Bylaws eontlici with the provisians of any California statute, che provisions of said scatuce shall
control.
.
�
��
t
c
�
C^RT1FiC�TiON
, I, the undersigned� the duly elected Sccretary of R;verlakes Ranch ��tascer ,associatio
Glifornia corpocation, do here��y certify: n, a
Zi�at the wichin and focegoins Byiaws were adapced as che Bylaws of said cocpocation on
A°r, 1 � C7 ,1993 , and thac che same do now eensciwce the Bylaws of said ea or '
� cp ation.
IN WI'I'NESS WHEREOF, l; have hereunto subscribed my name :cnd ;ift'ixed the seal of said
. cocporaiion on �1 � r, f � C�_, 199 j. . �
, . �.�"�%/��: ��
Secrecanf. '
�
�
- t3 -
.
� �� u �, � ;. . . •c r�
If any Common Area impcovements,in the Project havetion bscobligeelcunderriar bondeo� oahcr .
of the Final Public Repoct and the Master Assacta
acran ement ('Bond") co secure performance of che commitment of Deciaraac �o COmh��iMascer
�
Improvements, the Board shall �ns nder nhe I3 nd with �ezttco any Improvement for whici�
qssociation to enforce the obligacions
a Notice of Completion has nat been iiled within 60 dayst ate c�� to phe1Band teIf�th�M�ter
that Impcovemeac in the Planned Construction Scacemea QP letion of any Cammon �'�
Association has g,iven an extension in wricing for the comp
im rovemenc, the Board shall c�nsider and vote on the aforesa�c� � n n�f a Nocice of Complecion
P
has not been filed within 3 0 days a f t e r t h e e x p i r a t i o n o f t
A s ecial meeting of Members for the purpose o f v o t i n B�on� o r l�dn cheefailu eboftthcBBoacd �o
P
to initiate action to enfocce che obtigations under t e
consider and vote on the question, shall be held not less than 3Members c pr�esene ng °1a or more
receipc by che Boar� of a petition for such meeting s�gned by
of the total voting power of the Master Associacion. At suchembers otherl than Declaranc to cake
of the voting power of the Master Association residtns in M
action to esifocce the obligations under the Bond shall be d� 5 d�� °on�byeiniciating and pursauing
Association and� the Board shall thcreafter unpiemen
appropriate action in the name of the Master Association.
�
14.1
Oatober 5� 1993
M�. 8aoi� �ay
World Title compa�,
ZOl Net� b'�e Road
B���S:eld� CA 93309
,
. •
ON 8� OF:
Geatlermsa:
.,r-
�.' : • \
: .
�� �r �
� � .
� _ ,
�
�
�
Ra: Riverlakes Ranch
8e�ch Club Facilities
�E FS1A No. 030908SA-F0o
Borrower;
River�ikea Ranch
Liatited Partaership
��i�g R�� A�e�wners Assoaiation. Inc.
S�a herebp agree that the ,gmount o= �IGFTT HUNDRED T _
��'� F� � aND NO/100 D42�L�1RS �TY NINE
a�i'�Q �d �� as�da b!t u� ia a separategaccouat� Account No.
386-312102, uader cu�r co�1�o1 gor the paymerlt c= tha costs
3acar�ced ia tha acztstruct:lon installation anfl c
�O�l 3i'ea in'ipYCPe�ftenta �� the above identitied�'co�onninterest
snbdivisf.00n as sho�,tn ia t,�ie borrcwar•s Plsaned Construction
.�'��it, a• GOpp ot'. �lhictl 3s attachad hara�o atid markefl Exhibit
�►.
P�ea�s xil]. ba diebnrsedl to borrownr, borrower•s order or to
'�he c�'det' o= Wo�ld Titln C,ompany whea tha improve,me.rit work has
reacheRt afi.�tqes o= aaaapinLi,oa specit�ad �a �the Loaa Agreement
nttaa�heQ he�reto aad � merked, mchibit B.
., .
WA.�aesnma no obliqations aad gj,ve no assuranoa with respect to:
' i1� �s oP� a�Plntion o:� the common area improvements,
3.�iclu4ing wi'�hout l.imitation, wor]c�ansgip aud timeliness;
or
0
i2i �� �atomtt, set asid� aa bming ' ss�tiaiatit to completa the
• a�oa �a i�ove��t8 althouqh ara have, to the� best ot
ons ab3lit'p� determ:iaad tha�t thn amou$t o� gttnfls set aside
�hoald ba adequate �o aomplste the improvements.
''. �ata ct�eae� �wa�., sa�� �oo • F►.o. 8o7t Q�6S � 8tk�f�stiold� c� sx�as •�sos� sss.»�a
Cc*��obes 5, 1993. - .
� ' Paqe 2:
We �hall ba 2�12Y In-otaeted ia makinq payments in �-
cet+ti�icates ot work ccmpleticn from contractors engagedcbyuP��
bor�oKar or Riverlakes Ranch Aomecwners Associa�ion, lnc, as
bot'=o'arer�s suecessor tuiflex► an arbitration award, az�d we are aot
rssponsibla Por the proper usa o� =urids fliebursed.
Ae shal� have no obligation to disburse from the account for
aompletioa o� any common araa inprovements agter lso days after
the maturity data o� � i, g,�g,� ��� zast flate on which any
imp�'ovemeat listefl i2i h'�thibit g fs accepted by the applicable
authority.
. , ,
Th3s serC-aside co'�it�ment shal� ba delivered to Wor14 Title
CompRiiy aad sha1.1 r�ot be xaleased or axonerated unl,asg �e
subd�vider hns de�aul�d atid tha set-asifle tttnds �have baen drawn
upon 2yy the said eecrow holdar atid made availa.ble to the
Riverlakss Raach Homec�nars A6sociation, Inc. as required or
n��B�Y ����i$PY the subdivi8er�s obligation to completa
caasatost ai-aa improvemeats putsuaat to Exh�it A ari� commissioner � s
Reg'tzlatio� 2�9Z.4 (Chttpter 6, Titla 10, calitornia A4mit�istrat ive
Coda�; � tu�til 180 dnxs atte� acmpletion of the improvenents.
In the evesit o� R dispuLe betwean su?adividsr and t.he �ivarlak�s
Raalch Homeo�rners �asoaiation, Ina. with respenL to the guestion
o= 8nt3sPaation.o= tha conditions for exoneration or release oi
this se�-asifle cbatatit�en�, t2ie issue � or issues shall, at the
saQuas'� of e�ther Party, be submitted to arbitsation in
accordanae with the Commercial Arbitration Rules of the Atnerican
Arbii�Rfiion Assoaiation (AAa) beiore an arbitrator selected �ro�
ths panels of the arbitrators ot AAA. In the evatit cf referral
�o arbittation, subdivider will remit tha fee to in�tiate the
arbitra.fiion. The partiea agrea, however, that the costs of
arbitration sha11. ultimately ba borns as datermined by the
arbitrator. Tne►parties t'ttrther agrse to abida by the
dstermivation o� the arbir.rator with respect to tha exoneration
or z'nleasa o� this set-aside co�aitment and with respact to
payment o= the aosts o= a�cbitration.
2u case o= an arbitsation award in aacordanca with the commercia�
Arbitzation �ssooiation direatinq that the Riverlakes Ranch
8cmteo�ners gssociationt, Iizc. shall have the oontrol over tha use
ct thn i't�tds S.n the a=oresaiQ account, all =unds ramaininq in the
acaouat, ii aay, at the ti�s oP receipt by us of writtan
noti�ication o� �he a�taxQ in queStions, shall be made available
to Rtverlakes Ranah Homeownars gssociation, Ina., or to its
osQer, at the sams tfines as the fu.*�da would have been paid to
boZ'ro�er, or to b.orro�,ter's order, ;,�ursuant to Exhibit B for the
putpose� o� aompletinq the common area improvements.� �
t6TII Ctf�ste� AVemt�� 8uit� 100 • P.O. 8ox 2�CQ • 83kerafielE� CA 9390� '(8oS) �9?•»2J
RIVERLAKBS �tANCH MASTER ASSOCiATION
RE,'30LU�'ION NQ,
.-�,.. � . �
VI�'HEREAS� Riverlakes Ranclll�imited partn�rship has pr�viously posted a set-asidc letter
from Califortiia Republic B�nk in thc a,�o��nt of $S39,q00,00 to assu�c complation' of thc project
common ar�a i:nown as.the "�each Club", and;
WH�R�AS, Riverlakes Itanch Limited partnershin has requesczd an extension of cS��
estimatcd compi�cion date oithe "Beaclz Club" fram August 1, 1�94 to Au�ust 1, t995;
"BE rT ItESOLV�A; The Riv�erlakes Raneli 1�4aster Associ�tion daes grant an
excension ta Riv�rlakcs Ra�ch� Lim:ted Pattnecship for tbe complction��of thc
"B�ach Club", Lot B of Tract 5476, P��ase 1 to Au�ust 1, 1995, If d�emed�
. necessary, said excension shsll be reevaluaced in August of 1995. '
Motion is made by: ,,. l�u �1 � s ��. �r o
Motion is S�conded by: �.�.���lr.-�. ih � . ' . � � � ....
�/
Motion is carried by unanimous vote.
�
CERTI.�ICATION ,
Thc undersi�ned does hcreby cortify:
That Y am the duly elected Secretary of'tt�e Riverlakes kanch hZaster Association, a California
Cornaracion.
That the foregoi�1g Resolution was dul�r adapted at a mcetin� �f the Board of D'uectors of �aid
corporACion.held the � T1� day of October, 1994 at Bzkersfield, Ca}ifornia.
Date, Octobe� �,�,, 199a
.��—�,,�s „ .�. ,, .
, �
6'
uane Heruun�, Secretary
�w �n ..�w• �n.�� � .. .
.... . . D t
s r
OOZObe1" 5� 299$r«••I
�Paga�3 ,
A� no �p o�ll the o�ers �seociaticn be
1e�12de� tha �ds Set °blilsted �-
this sst ��A ���� a$ide pursuan� to �hQ provisions cf
Otir obli5a�.ions��to the River2akes Ranch Ho
�a• �� not be abroga�ed or o .
b�QY or borro4rer ��wise a�ea�$da �scciation,
no�iaai .'�ax as,�@semerito ��toa�achme � exce t bY the p
�9�.1. prvaess a nt, executionnorsother
con� obligat3oa� I n�er°�ri � nor
$�ta�3on o= n5 out of�thee� n�c'��' bor'ower
����t8 � �B e�QSviaion nq of the
Bitta��y� . � Pro j ect.
R.�PIIBS+IC B�g .
��4 Depas�ment
�' .
� �� Preoi�ent
PZ+'dP
a,. .
cC s Depal�ptlt o£ Real Est�►te
� (3acinQe� e�xhibi�s)
.1tL-arbits�ds.2tr .
0
�
>
r-� "�' ;:.
DATE:
TO:
FROM:
SUBJECT:
�
�_:.._,:
B A K E R S F I E L D
PUBLIC WORKS DEPARTMENT �C� � � �Q�
MEMORANDUM �--_==---T
� .. a �, : :r�`, . ,
OCTOBER 20, 1994 `-�-�` �`
ALAN TANDY, CITY MANAGER
RAUL ROJAS, PUBLIC WORKS IRECTOR (/
POLICE STATION ADDITION 1
The East Wing Addition to the police station will provide space for the following:
On the Second Floor
� Communication Center;
• Communication Lieutenant's Office;
• Communication Center Data Office;
• Communication Equipment Room;
• Computer Equipment Room;
• Emergency Operations Center; and
• Employee Lounges;
On the First F1oor
• Crime Lab;
• Crime Prevention Division Offices;
• Training Section Offices, Library and Storage Room; and
• Employee Lounges;
Auxiliary Structures
• Motorcycle Parking Shed with a roof top Patio which can be accessed from the
Second Floor;
• K-9 Kennels (within the Motorcycle Parking Shed);
• New Communication Tower;
• Separate Emergency Power Generator for the East Wing; and
• Patio area along the south side of the existing building.
Attached is a copy of the concept plan for this addition.
After the various operations are relocated into the new building, the areas they occupied
in the existing building will be remodeled to provide larger work areas for the other
divisions.
cc: Fred Kloepper
' Assistant Chief Jim Lewis
Jacques LaRochelle
�ARNOLD�BPD ADD\TANDY.019
_�
;
SECURITY
DOOR
CIPHER �� �
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B A K E R S F I E L D
PUBLIC WORKS DEPARTMENT
MEMORANDUM
October 25, 1994
TO: ALAN TANDY, CITY MANAGER
FROM: R.AUL M. ROJAS, PUBLIC WORKS DIRECTORG�/✓'
SUBJECT: DIRECT TELEPHONE REQUEST FOR TRAFFIC CONTROLS AT JONAH
AND O'NEILL AND CLAIRE AND O'NEILL INTERSECTIONS
Attached please find the memorandums from Stephen Walker regarding
Councilmember Salvaggio's request for traffic controls at Jonah and
0'Neill and Claire and 0'Neill intersections.
,;, _-;
MEMORANDUM
Tra[[ic Engineering
DATE: October 20, 1994
TO: RAUL M. ROJAS, PUBLIC WORKS DIRECTOR
FROM: STEPHEN L. WALKER, TRAFFIC ENGINEER/RV����
SUBJECT: DIRECT REFERRAL FROM COUNCILMAN SALVAGGIO - REQUEST
FOR TRAFFIC CONTROLS AT CLAIRE AND O'Neill INTERSECTTON.
A resident of the area has requested multi-way stop signs at the intersection of Claire and
O'Neill. I have reviewed the intersection history and observed the traffic using the
intersection.
The intersection was last analyzed about six months ago and it did not meet standard traffic
warrants for multi-way stop signs. Claire is a north-south street that acts as a local collector
and connects to Fairview Road to the south. O'Neill is an east-west street that also seems
to function as a local collector. The circulation is in a semi-grid that appears to cause traf�ic
to use both of these streets more than other local streets. Because of the crossing of these
two collecting local streets, there have been problems with area drivers use of the
intersection. A few years ago, O'Neill was made to stop at the Claire intersection. With
changing traffic patterns and development and a new school to the east, O'Neill Street now
has more traffic coming into the intersection. This appears to be causing some of the
problems in right of way control at the intersection.
Although not warranted by volume numbers, a four-way stop at this intersection would be
an overall benefit to the neighborhood traffic. It would eliminate the confusion of drivers
on O'Neill who think vehicles on Claire must stop. A stop on Claire at O'Neill would not
be detrimental to the users of the intersection and it will cause minimal stop delay.
It is my recommendation that a four-way stop sign control be installed at the intersection
of Claire and O'Neill.
APPROVED:
Worlcs Di�r/Traffic Authority Date
cc: Traffic Engineering F'ile - Claire/O'Neill intersecdon
r.: pc�.r.yasa.,cuo.a�er
� �l - �l C,
._ _ =�.•
MEIVIORANDUM
Traffic Engineering
DATE: October 20, 1994
TO: RAUL M. ROJAS, PUBLIC WORKS DIRECTOR
FROM: STEPHEN L. WALKER, TRAFFIC ENGINEER ������
SUBJECT: DIRECT REFERRAL FROM COUNCII.MAN SALVAGGIO - REQUEST
FOR TRAFFIC CONTROIS AT JONAH AND O'Neill INTERSEC'ITON.
A resident of the area has requested multi-way stop signs at the intersection of Jonah and
O'Neill. I have reviewed the intersection history and observed the traffic using the
intersection.
The intersection does not meet standard traffic warrants for multi-way stop signs. However,
from my observations, a multiway stop installation would benefit the drivers by assigning the
right of way. Drivers appear inconsistent in their use of the "tee" type intersection causing
confusion as to who has the right of way. This is probably what is generating the residents'
complaints. The installation of a multi-way stop, or three-way stop at this location, would
correct this driver confusion and it is not expected to be detrimental to normal traffic on
either street. Both streets are local in type.
It is my recommendation that a three-way stop sign control be installed at the intersection
of Jonah and O'Neill.
APPROVED: l"� G ' ' —� � - `
Public W ks Director/Traffic Authority Date
cc: Bruce Deeter, CE III, Traffic Engineering
Brad Underwood, CE III, Traffic Engineering
PW Memo F'iles
Traffic Engineering File - Jonah/O'Neill intersection
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