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Home My WebLink About12/16/94, _, f�= __ _ _ _ __ � , ., . --, :--�J__ • B A K E R S F I E L D MEMORANDUM T0: MAYOR AND CITY COUNCIL FROM: ALAN TANDY, CITY MANAGER SUBJECT: GENERAL INFORMATION / December 16, 1994 0 1. I am planning to take Thursday and Friday, the 22nd and 23rd, off. Gail Waiters wiil �e in cha�ge Thursday an� John 5iinson w�il be in charge Friday. 2. My understanding from callers is that there is a petition circulating in the Silver Creek area in opposition to the sports complex/baseball stadium proposal. I can only assume that the newspaper article confused people. I can hardly imagine that, if they knew exactly where it was, they would be protesting. We will try to speed up some sort of neighborhood meeting so that people can see exactly what the location is. It is Open Industrial zoned and far from any residential area. 3. An annexation status report is enclosed along with some information on activities in the Development Services Department. 4. Water levels are always a subject of what happens next in weather trends, but, so far, it looks like it might be an "average" year. An "average" year.would be better than about seven out of the last eight. 5. The second and third hockey games of the season continue to show that to be a successful activity. Whiie the attendance was somewhat down from opening night, the events are still very well received particularly for the busy holiday season. 6. We are quietly working, in a preliminary basis, with a significant downtown development prospect. We are anxious to see if preliminary cost estimates are at all within the realm of feasibility and whether adequate land sites are available. This prospect wishes to remain confidential. I can advise you individually, however, if you wish. 7. E� In light of the problems Orange County is facing with their investments, enclosed is an update on City af Bakersfield investments. Enclosed is correspondence relative to the COPS AHEAD program (Community Oriented Policing grants). 9. Information relative to requests for FY 1995-96 Community Development Block Grant Funds, and the status of Community Development projects, are enclosed from Economic/Community Development. HONORABLE MAYOR AND CITY COUNCIL December 16, 1994 Page -2- 10. Enclosed is a memo from Public Works regarding work being done in the Union #10 Annexation area to bring it up to City standards. 11. A status report on the Valley Floor Habitat Conservation Plan is enclosed for your information. AT.alb Enclosures cc: Department Heads City Clerk _ � DEVELOPMENT 5ERVICES 5TATUS REPORT Alan Tandy, City Manager December 13, 1994 1. Responses to your most immediate questions: a) Statement on keeping large animals. I have redrafted the statement. It is attached. b) Allen Road #2 and Stockdale #14 are the two Castle & Cooke properties beyond � our S�,iere oi �nfluence which were also iti�volved in th:: water bank swap. vVe are '-`' unable to proceed without expansion of the Sphere of Influence which Bill Turpin has blocked. c) Jamie Rudnick's request for annexation has made progress. Staff has reviewed possible boundaries of the annexation with Bill Turpin and received his verbal approval. A map is attached. Staff had just started working Mr. Rudnick's request prior to your referral so they kept on working directly with him rather than back through you. A copy of a letter to him explaining some of the effects of annexation is attached. d) Your referral to the city employee in the Palm Avenue area was followed up by telephone. He told staff that he would rather wait until after the holidays to carry a petition around. A map proposing an area for him to canvas is attached. We will continue our support of his future efforts. e) An updated status report on annexations is attached. It will serve as summary for cases for 1994. 2. Councilman Salvaggio has expressed an interest in working on annexation of a neighborhood along the west side of South Chester - across from Floyd's. We have given him a neighborhood map. 3. We continue working on prezoning of islands to facilitate annexations later. Castro, Curren, the area at 99 and Panama, the Southeast Incentive Area, and Rosedale #5 are prezoned. The Planning Commission has recommended prezoning of Harris and Akers. In addition, we are working on Stockdale Country Club, Sam Lynn Ball Park area and some areas west of South Union Avenue. As we have discussed, other selected areas along our city boundary are also being reviewed for prezoning. 4. The new Eco Building Systems plant at 1400 Norris Road is in east Oildale, way beyond our capacity to annex. 5. A draft specific plan for trails has been drafted with basic concurrence of the property owners and user groups. The City Attorney has told us it is legally inadequate so we are continuing to work on satisfying that area of concern. Memo to City Attorney was sent under separate cover. Development Services Status Report December 14, 1994 Page 2 6. A proposed Tiered Fee Program is in response to concerns expressed by the building industry when fee increases were proposed during adoption of the budget. The intent is to have a base fee for standard cases and a higher fee for cases that vary from the norm. A proposed schedule has been circulated to the Principal Planners to review and comment on prior to a meeting with other departments scheduled for December 20. The concept has been presented and discussed through the Manager's Office in meetings with Gail Waiters. Planning's approach has been to set lower fees for applications with low conflict potential and that conform to established policies and criteria. Those cases that , �a.ry,,fror� ±hese standards would pay a higher fee. we have r��de envir�n�ental aa�d completeness reviews additions to the base fee so that the cost of these basic services would be separated from case processing time. We are also proposing a new fee for updating and maintaining the general plan and revising the zoning ordinances. These fees would be collected at building permit stage and accrue over a five or ten year time frame. The fees would provide funds, other than general funds, to compl'ete the state required plan updates. If the plan isn't in compliance with state law, theoretically development activiry could not be permitted. Additional fee categories may be proposed depending on the comments I receive. 7. Permit Streamlining Task Force has drafted its recommendations. One (maybe two) additional meetings are being planned to firm up the committee's recommendations. Planning and Public Works were the winners as far as being the focus of the recommendations. One of the major ones for Planning was the reduction in cases required to pay Fish and Game filing fees. Di Minimus findings would be used as often as legally permissible to exempt applicants from the fee. Others were to use site plan review for final development plans instead of approval by the Planning Commission and eliminating routine noise studies. It has also been suggested that we look into getting better service from the county or expand building inspection services. 8. The Valley Floor Habitat Conservation Program continues to be a frustrating experience for Kern County. Since our interest in it is tied to oil and agricultural development, not covered by the Metropolitan HCP, staff attends the meetings and has prepared a more detailed status report which is attached. 9. The MBHCP Trust authorized purchase of 2,000 acres of habitat credit from the ARCO's Coles Levee Ecosystem Preserve. This does not remove any taxable land from the counry tax roles, the price was $378 per acre and we avoided the problems of title transfer. 10. We are working on revisions to the park dedication ordinance. They were primarily inspired by the need to better define the appraisal process for determining fair market value. New professional standards were adopted at the beginning of this year. We are also proposing that park land fees not be collected on infill developments since it is unlikely we'd add to the size of established parks and it furthers the goal of encouraging in-fill development. i � � � ; ; '; , I i �, Development Services Status Report December 14, 1994 Page 3 11. The Planning Commission committee studying small lot subdivisions has come to a tentative conclusion that they should be easily approved in multi-family zones but for approval in one family dwelling zones they should incorporate some amenities. The committee would like to review their work with the Urban Development Committee and Planning Commission before actually advertising a proposed ordinance for hearing. 12. The Planning Commission committee reviewing the BIA's proposed kiosk sign program for subdivisions will be discussing its findings with the Planning Commission Thursday night. It seems the more �± �,vas c��^�ussed, the less developers felt support ±`�: it and tr� better the committee felt about it. It will be interesting to see how the full commission reacts to the proposal. 13. The proposal to get back to basics in downtown and Baker Street seems to be not only well received but also to have stimulated renewed interest in more contemporary strategic planning for both areas. 14. 15. 16. 17. 18. 19. The Building Division staff and City Attorney staff are working on improving our abatement of dangerous buildings ordinance. Work is continuing on the State Farm Building property and Destec's Cogen Plant. A couple of interesting permits were just issued: a) b) A$1�/z Million trunk service building at 4600 Brundage Lane. A$41h Million apartment complex at the southwest corner of Hageman Road and Fruitvale Avenue. An application is in preparation for a 90,000 sq.ft. Vons center at Hageman Road and Coffee Road. Flu Watch - 20% of Development Services staff (mostly building inspectors) is down and out with the flu. Venture Out RV received approval of its CUP to move into the auto mall area this afternoon. p:dssr12.13 ANNEXATION STATUS REPORT DECEMBER 1994 ; >: , ; ' ANN�XA'T�C#NS ACR�S.: PfJPULATION : <; ;G�MM�Ni'�r : >::::.: ' ;:COMP.LETEd ; , , 1. College Ao. 5 26.82 0 Southeast corner of Completed 1/18/94 Morning Drive 6 College Avenue. Walter W. Steirn Middle School. 2. Hageman Ao. 1 38.53 t Pop 26 South of Hageman Road Completed 8/29/94 between Old Farm Rd. Households and Jewetta Avenue. 13 3. Brimhall Fo. 3 21 +/- Pop 4 Completed 8/30/94 Eae;; 1f Jewetta Ave. ' between Palm Ave. and Householda Brimhall Rd. 2 4. Union Ao. 10 634.14 +/- Pop 3653 Completed 11/10/94 South of Calif. Avenue, to Belle Terrace, Households generaly east of Union 995 Avenue. ,.: ; , , ;: ANNE�4TI�N5 <i:: ACRES :: POPUtATIt�N ;:. ; STI4TUS > :::�QINII�NTS. ' :�N �t�iDG��S� 5. Stine Bo. 10 60 f Pop 2 Application submitted to GPA 3-93, Seg. III, that Northeast of McKee Road LAFCO 6/3/94. LAFCO wae approved Nov. 1993. and Stine Road. Households approved 11/22/94. (08081) 1 Proteat Hrg. 12/14/94. 6. Ha4em�n Po. 2 35 t Pop 182 Application submitted to Inhabited annexation. West of Jewetta Ave., LAFCO 6/1/94. LAFCO 300' south of Hageman Households approved 11/22/94. Road. (08080) 61 7. Calloway Fo. 5 24.73 t Pop 2 Reconsideration by LAFCO This ia the subject of a Weat of Calloway Drive, 10/25/94. Protest Hrg. GPA to GC in progresa between Meacham Road and 2/22/95. (by Rern County) Rosedale Hwy. (08080) 8. Rern Canyon Rd. Ro. 1 1430 t 0 Application submitted to Portion of NE Sewer Southeast of 178 Freeway LAFCO 6/1/94. LAFCO Aasessment District. and Kern Canyon Road. Hrg. 1/24/95. That's outside the city Portiona of Sections limits. 20, 21, 29 & 32. T.293., R.29E. (08080) 9. Callway Ao. 6 20 t Pop il Application submitted to GPA 2-93, Seg. VI, that Southweet of Brimhall LAFCO 6/3/94. Property was approved May 1993. Rd. and Calloway Dr. Households tax aplit Ree. 11/16/94. (08080) 4 10. McRee Fo. 1 219 f 5 Housea P.C. Prezoning &rq. Uninhabited Annexation. South of McKee Road, 1/8/95. west of 99 Freeway. 11. Madison Ao. 1 4.7 t 0 Council, Res. of Area within the Casa South of Casa Loma Dr. Application 2/8/95. Loma Spec. Plan Area. East of Madison St. Prezoning has been adopted. (Figures in parenthesis represents project number for time allotment) ( � Annexation Status Report I� December 1994 ; Page 2 i 2. Green Hills Po. 1 South of 178 Freeway, ,; weat of Comanche Road. ! (08080) 11;3. McRee Bo. 2 South of Astor Avenue I�� between So. "H" St. and Shannon, north i; and south of McKee Rd. ' (08080) � l4. Cheater Fo. 3 II North of Bernard, east of Golden State � Highway. I ' 15. Allen Po. 2 Sections 11 and 14 of , T.30S., R.26E. 16. Stockdale No. 14 Sections 3 and 4 of I T.30S., R.26E. 17. Rinasley Fo. 1 i South of Kingsley St. near of Castro Ln. North of Ming Ave. I 18. Pute Po. 1 North of Palm Ave. between Nute St. and Jewetta Ave. i9. Fairhaven Fo. 1 North of Rosedale Hwy. west of Frwy. 99, south of Olive Dr. (08080) :\ASR 50 t 164 * 196 t 1,280 t 800 t ? 0 ? pop ? Beginning to develop Motivated by potential project site. connection to sewer trunkline. Pop 1322 Public Worka requeated annexation due to sewer service of area. Households Inhabited annexation. 438 Pop 653 Public Workshop 2/18/92. Sam Lynn Ball Park/ Negative response. County Museum. Staff Households redesigning the area in 2�3 lieu of public comments. p EIR required. Sphere of Influence Amendment required. (Suspended) p EIR required. Sphere of Influence Amendment required. (Suspended) 5 Aouses Sewer Service requeated for vacant portion of project aite. Z Beginning to develop prject area. 7 City (Fairhaven) water service area. Developing project area. I(Figures in parenthesis represents project number for time allotment) —�__._ ( CITY OF �.BA - - - w-r-� .-_��w=��-�-w_ _ _ �—�-�,�-�-�-� i_. _ �_— RSFIELD 1.A1C---_ -1=/�- � � ; �� F � � s�o ' . , k, . ------- --- ��, �� •,,��♦ SEVENTH STANDARD RD. �' � �` � �' �T`FS',�. � �` � ', �. � �'„ \ 'P,f, t �r a � . HWY. -� . � � . --/ � • .�•� • � � -. _ , �: ��"'1� - n�. ,,, � : - �, 1 r - �;''� -7�'' . i �, �r . �' -. , . � � � , 1 ��_�_� ,.. : � . , . ,.1`��►_. �, � .,ah. -4'� . . w��w� � � ��- ��i� ��r: �� I ' �• a'�i�� • �� . • .� �.� . ---" . ��I■��!!�7 ! . - � _ ___ _ -�, .,; i, '�'� �� r hr. �[�!'rf'��. - - � j - � . - ' i,� - - ,/J. 4.., � • /� • � � -�_ �' � . F: .. �..:..;..::.:..:, . F I �� - i 7 � / b '��F � � � � � . . . �� • ■ � • - • • 1 . � ,_:. „ • • ■�� 4�• ��t `"•d.F . • � .T � � ■ -- . :. , � . „8 w. � HYVY. 58 � � � � � � � � MULLER ROAD �� ,�� -------- � � � � � � Z � N ° CW ■ � ��v�r� BERRENDA MESA �PENDING ANNEXATIONS PENDANN W � 0 z w BUENA VISTA LAKE � �� ;� CITY OF ��BAI�C,ERSFIELD � �� PENDING ANN ;XATIO�IVS - 12/94 KRATZMEYER W ,� W a 0 � 0 z � � � x SEVENTH STANDARD RD. -� �s� � �� RD. o ' 3 � .. r . � � HAGEMAN RD. 1� 0 6 � ] � � �$ ;� w � � 3 a R�VER HvV1'. KERN PANAMA LANE � , S \ � ( ♦ j� r � ' so i A-,�c, 4 •�'Q c.nuF. I I I AvE. : ��'� [ �!rf�� i�� - i 7� � ��'�! �: _ � 7 . �� ,� . . . _ . - :,; ' '��' ' � t� . W � �� o�� I Q � � � Z 0 s � � z ; � � s i BEAR MOUNTAIN '�BLVD. i, ; �� ♦ � ,��' �i W`� � � �... HYVY. � � � lN. ' HWY. 58 � � � � � � � J MULLER ROAD -_ __� � I � 1 --�—�� SPHERE OF Z INFLUENCE 0 W CITY LIMITS � 11/10/94 � WATER BAN - KCWA � BERRENDA MESA �PENDING ANNEXATIONS PENDANN s0(�jRF LN. LAVERNE AVENUE � w � GRANADA AVENUE � w � J � N MADRID AVENUE rn rn �� COUNTY �� ?. ClIY � w � � KINGSLEY N4.1 ANNEXATION 2 c � a � �2 AVENUE I/ALLEY PL4ZA SHOPPING CENTER � RADIANCE DRIVE .�.�TL., Cl7Y 1.. o aoo .a SCALE IN FEET T30S, R27E I I 129405 �-, � B A K E R S F I E L D )ack Hardisty • Planning Director December 13, 1994 Jamie Rudnick 1201 Castro Lane Bakersfield, CA 93304 Re: Proposed annexation of Kingsley Lane Dear Mr. Rudnick: Per your request, this letter details effects of annexation on you and your neighbors. Some people believe they will have to live by new zoning rules if annexed. This ' would be most unusual since we try to match our zoning to the county zoning or what is actually there. In the event of some discrepancy, any legally established use under the county zoning upon annexation will be "grandfathered," that is, be a legal non-conforming use in the city. The legal non-conforming use status will be effective on the date of annexation and generally last until abandoned by the property owner. This legal non-conforming use status will allow you to maintain what you have. The exception would be that commercial or industrial uses of buildings in residential zones would be given a 40-year period to adjust automatically or perhaps longer if a conditional use permit were approved. As for new development, the proposed city zoning would be Residential Suburban, the equivalent to County zoning El/zRS. The Residential Suburban zone allows one dwelling unit for each lot and a secondary unit. The minimum lot size is 24,000 square feet, if your existing lots are less, they are accepted as is. Additionally, the following uses are permitted under the Residential Suburban zone: l. Breeding, hatching, raising and keeping of poultry, fowl, rabbits, chinchillas, Vietnamese pot- bellied pigs, fish, frogs and bees for the domestic use of the resident/occupant of the lot. 2. Keeping of cattle, sheep, goats, horses, mules and burros in a ratio not exceeding �ne adult animal of the foregoing for each one-quarter acre of lot area. 3. The keeping of such fowl and animals shall conform to all other provisions of law governing same. City of Bakersfield • Development Services • 1715 Chester Avenue Bakersfield • California • 93301 (805) 326-3733 • Fax (805) 327-0646 Jamie Rudnick December 13, 1994 Page 2 4. No fowl or animals, nor any pen, coop, stable, corral or other structure or enclosure housing livestock or poultry shall be kept or maintained within 50 feet of any dwelling or other building used for human habitation; nor within 100 feet of the front lot line of the lot upon which such animal or structure is located; nor within ten feet of the street side of a corner lot. 5. There shall be no raising, killing or dressing of any such animals or poultry for commercial purposes. The same as in the county, the city also allows an extra animal for such things as 4-H projects. Your base property tax rate will not increase due to annexation, however, the normal yearly State (Proposition 13) allowed increase will occur (as it now does in the county) at 2 percent per year. There is mandatory refuse collection in the city. There will be a garbage collection fee collected with your property tax. Currently the charge is $126 per year. The City provides a 50% rebate for senior citizens. They must apply at the Sanitation Dept. The City has a sewer fee ($105) plus a sewer surcharge for county residents that use the city sewer treatment plant for the treatment of effluent. This surcharge is $30+ for each single family residence. If you already have sewer service, the extra charge will be eliminated upon annexation. If you have any questions regarding this letter please do not hesitate to phone me or Martin Ortiz of my staff at this office. � CC: Mr. Marcus Rudnick Mr. Thurman Chiders Mr. Gregory Smith Mr. Charles Miller MO � CHRISTY AVE. .� N w N O � z � � 5 a AVENUE APRIL ANN AVENUE NUTE N0.1 ANNEXATION OLD COUN7Y �'�'�'�. C� . w � z W a 25I � 30 T29S, RZ6E T29S, R21E PINEHAVEN AVENUE a � v~i �' � z Q CEDARHAVEN AVENUE _ w U � � a � BIRCHHAVEN AVENUE CIIY �.�'�`�'�. ' COUNTY • counnr --------- cm- 0 400 SCALE IN FEET 729407 � � MADIS�N N0.1 ANNEXATION CASA LOMA DRIVE DRIVE 0 400 CASINO STREET SCALE IN FEEf $ T30S, R28E 129406 ! IIII1��i�1//' ; �I.J �O%, 1�I1� ^ �. ^" �.''�I = J��\1'� ✓� _ ;" ,, :; :� _ � �liluiw,�w -�ue . : �.( �� ? - �., � `,�1\``� � •� ?. p� �"-...�. .�pdn MEIII�ORANDUM TO: GREGORY J. KLIMKO, FINANCE DIRECTOR FROM: WILLIAM C. DESCARY, TREASURER �� SUBJECT: INVESTMENT POLICY DECEMBER 12, 1994 In view of the Orange County Investment Pool debacle, it is appropriate for me to update you relative to City of Bakersfield investments. Reverse repurchase agreements, which precipitated the Orange County bankruptcy filing, are not permitted investments under the City of Bakersfield's Investment Policy. Further, the City's Investment Policy adheres to California Government Code Section 53600 et seq. which requires prior approval of the City Council for engaging in reverse repurchase agreements. Such approval has never been requested because reverses are not deemed prudent investments. It has been reported that Orange County invested reverse repurchase proceeds in complex derivative products. Derivatives is a broad term for a wide range of securities. A few brokers would classify the government agency step-up issues in the City's portfolio as derivatives. Regardless of how they are classified, they are a safe and efficient way to invest relatively short-term (three years or less) in a rising interest rate environment. As interest rates move up, the rate paid on individual issues is adjusted periodically to a higher rate. krc MBD.9 �_� �_ . i�= DEC I 3199� � i -_ , .--- ;,;� al�'�4 iu:�_, . . . _ , . . .-� �PLEASE DELIVER T0: Alan Tandy _�:,�: ;.��r�� ::�.... Thc Auociatc Attomey General Dear Colleague: 12/13/94 U. S. Department of Justice Office of the Associate Attomey General Waahington. D.C. 20530 December 12, � 994 On November 17, 1994, the Office of Community Ori�nted Policing Services-- the COPS af�iice -- notified you o;Fa slight delay in the COPS AHEAD processing schedule due to the extremely large response from law enforcement agencies across the country. Thank-you for your patience. � '�'he COPS office is p�eased to inform you th�at all eligible jurisdictions will be z�otified of an authorized hiring le�vel ur�der COPS AHEA.D oz� December 19, 1994. Due to the substantial respozzse to COPS AHEAD, eligible jurisdictioz�s will be authorized at somewhat belvw the 3 percent of their October 1, 1994, hiring level that had been previously contemplated under the program. Juzisdictions that are �ot authorized to proceed will be notified by letter from the CpPS office explaining the grounds for the denia�. Those jurisdictions receiviz�g an authorized hiring �eveI will have untia March 1, 1995, to � com�lete ata application for funds. The application wiill be sent to elig�ble jurisdictions with the notification delineating your authvriaed hiring level. Timely applications must be submitted to the COPS office in order to receive any funds. Again, thank you for yottr patier�ce. R. Schmidt -. r -� � ,.;,,. T0: FROM: SUBJECT: � B A K E R S F I E L D ►e � � . � �.. Economic and Community Development Department M E M O R A N D U M December 8, 1994 Jake Wager, �c;onomic Dsvelonment Director George G n , Community Development Coordinator Non CIP P o osals Received for FY 95 Federal Assistance The deadline for proposal submissions for consideration in the FY 95-96 Community Development Block Grant (CDBG) application was November 15, 1994. Eight proposals were submitted within the prescribed deadline. One application for the Impact Community Youth Center was submitted late on November 30, 1994, The nine proposals totaled 51,069,501. The attached list provides a brief overview of the proposals we received. A list of the CIP requests will be provided to you by the end of December. The addresses on the attached list are the project sites, and the dollar figures are the funds requested from the City. Staff is currently reviewing the proposals to determine if they are eligible and qualify for assistance. An administrative report outlining staff's findings and recommendations will be completed by March 1995. At this time, we have yet to be notified by HUD-LA as to the City's 1995 entitlements. HUD normally notifies jurisdictions in late February as to their annual entitlement. We estimate our CDBG entitlement for FY 95 will be approximately 52.5 million. We also estimate that our HOME and Emergency Shelter Grant entitlement will be about 5800,000 and $100,000 respectively. Total entitlement should be approximately 53.4 million It is assumed that we will follow last year's practice. Please contact me should you have any questions regarding this memorandum. Im: VZ6/FUNDS.MEM � �.��_- PUBLIC FACILITIES AND IMPROVEMENTS CITY SHARE APPLICANT'S ESTIMATED PROJECT COSTS Youth Centers Boys & Girls Club of Bakersfield $100,000 $1,740,000 801 Niles Street - Ward 2 � Acquire property and construction of 20,160 square foot facility (expansion of existing site). Impact Community Youth Center, 2201 V Street - Ward 2 547,150 547,150 Replace approximately 15,000 square feet of roofing, purchase a 10 by 12 foot cooler and freezer, resurface approximately 5,000 square feet of asphalt parking and install approximately 31,000 square feet of asphalt for parking and for an outdoor recreational area. A similar request has been made to County Community Development. SUBMITTED LATE General Nei4hborhood Facilities Alliance Against Family Violence 5100,000 $401,000 1921 19th Street - Ward 2 Purchase a new 1 1,873 square foot headquarters. The Alliance has requested $50,000 from County Community Development. Community Services Organization S 150,000 $150,000 715 Lake Street - Ward 2 Rehabilitate a new 15,476 square foot headquarters building. Goodwill Industries S 131,670 $131,670 805 19th Street - Ward 2 Rehabilitation of 9,004 square foot facility. Handicapped Centers McCree Adult Residential Facility #2 (For-Profit or9anization) S 7 08,000 $108,000 2201 Holden Way - Ward 6 Loan to purchase a 9,400 square foot facility for six developmentally disabled male adults. . Society for Crippled Children and Adults of Kern County 573,595 573,595 1819 Brundage Lane - Ward I A request for additional rehabilitation/renovation assistance for their new facility. REHABILITATION Sin41e Familv Rehabilitation Kern County Economic Opportunity Corporation (KCEOC) 5139,086 $139,086 122 & 315 Northr�ip Street - Ward I Acquire, rehabilitate and sell two single family homes to first time homebuyers (1,900 square feet). COMMERCIAL OR INDUSTRIAL Improvements bv Non-profit Envirotech Business Center 5220,000 $493,000 NW corner of Watts Drive and Madison Street - Ward I Envirotech will lease land from City and construct a 20,000 square foot building to establish a small business "incubator" for up to 15 businesses. Envirotech has requested 5220,000 from County Community Development. TOTAL AMOUNT REQUESTED $1,069,501 Im: VZ /FU D .ME _, _- , TO: 11Y 1�J\I!I 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 � Jake Wager, Economic Development Director Vince A. Zaragoza, Principal Planner� a � � �� December 8, 1994 Status of Community Development (CD) Projects and Consolidated Planning This memo will serve as an update concerning on-going community development projects and the Consolidated Plan 2000. CAPITAL IMPROVEMENT PROJECT 1 2. 3. Inyo Street Curb and Gutter Project Installation of approximately 436 lineal feet of infill curb and gutter to serve a portion of Census Tract 14. This project will improve the drainage of the neighborhood. Construction started in November. Estimated completion date is end of January, 1995. Construction budget is approximately $20,000. Dolores Area St. Curb and Gutter Project Installation of approximately 1,830 lineal feet of infill curb and gutter to serve a portion of Census Tract 15. This project will improve the drainage of the neighborhood. Design for the project is complete. Construction started last month. Estimated completion date is early January, 1995. Construction budget is approximately $68,852. Bakersfield Homeless Center Improvements Bethany Services has been awarded a grant from the State Federal Emergency Shelter Grant program in the amount of $92,000 for a 500 sq.ft. addition to the family dorm area, energy retrofit improvements and other rehab work on the facility. CD staff will provide technical assistance in its implementation. Project is out to bid to construct a 500 square foot addition to the family dormitory area, energy retro-fit improvements and other rehab work to the facility. Bids are due mid-December with Council action scheduled for January 11. �--- _ - _ __ , - - =-1Y_ . (C', _ ;c �-; . Ij'� ir-' i '�' u ��y' `•'-<, ' -� DEC 1 2 t994 l! — ----- .- ; ��-� �� k��,,a =_ . �.-.. �,. ' ' 4. Dobrusky Drive Area Curb and Gutter Proie,�t Installation of approximately 935 lineal feet of infill curb and gutter. This project will alleviate localized drainage problems in the area. Construction started in November. Estimated completion date is end of Janaury, 1995. Construction budget is approximately $34,000. 5. "O" Street Curb and Gutter Project Installation of approximately 100 lineal feet of infill curb and gutter between 38th and 40th Streets. This project will improve the drainage along "O" Street. Design� is complete. Construction started last month. Estimated completion date is end of January, 1995. Construction budget is approximately $2500. 6. Panama #10 Area Curb and Gutter and Sump Reconstruction (Phase I) Expansion of a neighborhood sump and addition of approximately 6,120 lineal feet of curb and gutter (no curb and gutter currently exists in this recently annexed neighborhood). Design for the sump improvements is complete. Sump construction started in Novmber. Estimated completion date for sump related improvements is end of January, 1995. Construction budget is approximately $30,173. Design and construction of curb and gutter improvements is anticipated to begin in FY 96 subsequent to approval of additional funding for this project. , 7. Panama #l0 Sewer Project (Phase I) Design only of about 4,200 lineal feet of sewer main and approximately 2,100 lineal feet of sewer laterals for the Panama #10 area. Approximately 81 residences will be served. Design is anticipated to be completed in July, 1995. Design budget is approximately $25,500. Construction funds for this project are anticipated to be phased in over the next two years. 8. Ralston Cul-de-Sac Design and construction of a cul-de-sac on Ralston Street at its intersection with Lakeview Avenue (part of the City's Looking Good Neighborhood Program). The activity will benefit approximately 50 residences by creating a more aesthetic and safer street. Design is complete. Construction started last month. Estimated completion date is end of January, 1995. Construction budget is approximately $23,173. 9. Union Avenue Annexation #10 Street Lighting Project Installation of approximately 30 street lights in Union Avenue #10 Annexation area (residential streets only). Area was annexed in November. Design is underway with construction to start in Janaury, 1995. Budget is approximately $30,000. ' ' 10. Architectural Barrier Removal Program - Pc�blic BttildinQs Installation of handicap (ADA) improvements in the Bakersfield Convention Center to provide greater mobility to handicapped citizens who use the facility. Procurement is underway with completion in early 1995. Budget is approximately $36,823. In addition, plans and specs are being developed for handicapped accessibility improvements to the council chambers. The budget is approximately $79,000. Anticipated completion date is spring 1995. 11. Lowell Park/Carnation Area Lighting Improvement Proiect Upgrade wattage of approximately 133 street lights and install 16 new street lights on non-commercial streets in an area bound by California Ave. on the north, Union Ave. on the east, Brundage Lane on the south, and Chester Ave. on the west. Design is underway with construction to start in Janaury 1995. Street light construction budget is approximately $37,000. 12. Jefferson Park Basketball Court Renlacement Replacement of approximately 2500 square feet of delapidated basketball surface at Jefferson Park. The project is underway and is expected to be completed by the end of December, 1994. Construction budget is approximately $8300. NON-PROFIT PROJECTS Community Development Staff is assisting the following various non-profit organizations to acquire or improve their facilities. 1. Clinica Sierra Vista Medica[ Facilitv. Acquisition assistance to acquire a 60,000 sq. ft. site for the construction of a 10,000 to 15,000 sq. ft. medical facility at 823 Lakeview Avenue. Acquisition was completed in March for $100,000. Additional assistance in the amount of $300,000 for real property medical equipment has been budgeted in Fiscal Years 94 and 95. Site grading, forming and foundation work is underway. Project completion is on schedule for September, 1995. 2. Bakersfield Senior Center Phase III - Services Buildin� Proiect. Activity has been amended from new construction to acquisition of three buildings containing 4,713 square feet of classroom, office and storage space adjacent to the Bakersfield Senior Center. The Bakersfield Senior Center will operate and own the facility. Project Agreement was approved by City Council end of 1993. Escrow closed in July, 1994. Relocation of prior owner from site is pending. Anticipate relocation to be completed in spring of 1995. �� ' 3. Kern Countv Alcohol Center Improvement ; � Approximately $10,000 assistance for installation of a parking lot with landscaping improvements. The Kern County Alcohol Center will contribute approximately $10,000 towards the project. Granite Construction completed the re-construction of the parking lot in November. 4. Kern County Economic Opportunity Corporation (KCEOC) KCEOC has been selected as a CHDO (community housing development organization) under the HOME Program guidelines. They will be identifying, acquiring and rehabing 2 single family residents for sale to low income first time home buyers. Upon completion and sale of the property, the recaptured funds will be utilized to acquire additional properties and repeat the process. KCEOC has recently identified a potential property for their initial project. 5. Impact Youth Facilitv Acquisition City project assistance is $20,000 for a portion of the site acquisition cost (total acquisition cost is about $200,000). The facility to be purchased is the Strongbow Stadium which will be used as a neighborhood youth center. Site location is 2201 V Street. City Council approved project agreement in October. Escrow closed in November. Project is complete. 6. Societ,� for Cri�pled Children and Alcohol An agreement is being drafted for $40,000 to assist with the cost of modifying the recently acquired facility (1819 Brundage Lane) to meet the needs of the agency. Anticipate the agreement should go before the Council on January 11, 1995. Anticipate completion of the rehabilitation by spring of 1995. NEIGHBORHOOD REVITALIZATION AND HOUSING 1. Gra i Program City staff has established important graffiti-eradication partnerships with the Kern High School District and the Bakersfield City School District. Several High School groups have been busy participating in Paint-Out days, and we plan to continue doing school presentations in order to achieve our goal of instilling in our young people the feeling of community ownership and pride. Many individual and group volunteers have been "recruited" through the Hot-Line in our efforts to actively involve the community in the eradication of graffiti. The Graffiti program has been widely publicized through our participation in community fairs and other events. From September to December, we received approximately 480 calls in the Hot-Line, and about 25% of them were referred to the County's Graffiti Program. " ' 2. First Time Home Buyers Program , 32 loans for mortgage assistance have been approved since July,1994. 5 Lenders have been added to the participating pool increasing our total to 15 lenders. Due to a substantial increase in lender participation and high demand for mortgage assistance, all prior and current year CDBG monies have been expended for this program. Approximately $50,000 in FY 94-95 HOME funds are anticipated to be made available for this program. 3. Looking Good Neighborhood (LGN) Program. LGN Program which includes the Lakeview area has been expanded to the Baker Street area. The annual Good Neighbor Festival, held October 8 at the Martin Luther King, Jr. Park had the largest turnout yet. Over 7,000 visitors enjoyed a wide variety of food, entertainment, children's activities, health services and social service/community services information. The cooperation of Parks, Recreation, General Services, and Sanitation made the project run smoothly. 4. VISTA Yolunteer Program The City has applied to sponsor the VISTA Program again in 1995-96. If accepted we will be working with 11 VISTAS. A couple of new agencies have requested a VISTA Volunteer for next year: the Lutheran Social Services and the Bakersfield City School's Safe Harbor Program. Our Fair Housing VISTA resigned due to her decision to move to another city, so we will have a new VISTA working with that program. The current VISTAs have been organizing and/or participating in numerous activities such as the Clinica Sierra Vista's Well-baby Clinic in different motels in the Union Avenue area, the well-known October Good Neighbor Festival, the Volunteer Appreciation Potluck and Award Ceremony at the Food Bank, the "Light the Night" program which facilitates the purchase of outdoor lighting, the eradication of graffiti, and the recruiting of hundreds of volunteers throughout the community. This quarter, the VISTAs were trained in CPR, First Aid, Disaster Preparedness, Public Speaking, and Grant Writing. 5. Multi- amily and Single Rehabilitation Projects Six units at 331 and 335 Lakeview Ave are complete (6 units). 345 and 351 are under construction and nearing the completion stage (6 units). At 328 and 330 Monterey Street, about 65% are complete (9 units). 1304 E. California is 90% complete and 1320 E. California is currently under review for loan approval (8 units).These projects combined represent approximately $219,000 in CDBG housing loans. To date 4 single family housing loans have been approved and six are under review for approval. 28 rehab applications have been received; 18 work write-ups have been completed by rehab staff, and 10 are currently in progress. ' ` 6. Home Accessibilitv and Paint Programs t � Twelve home access rehabs are complete; nine HA rehabs are in progress and eight are under review. This program continues to be popular with our disabled and elderly clients. Twelve new applications for free paint have been received. Estimates have been given and these projects should be under way soon. In addition to home accessiblity and paint programs, we have also received in the past three months approximately 65 inquiries about our various housing rehab programs and mailed about that many applications for assistance to our potential clients. The rehab staff has been actively involved in marketing housing programs and as a result, 30 additional contacts were made. 7. URM Incentive Program Approximately 26 applications are being processsed for URM assistance. One site is pending demolition. We are awaiting further information from interested applicants. 8. Business Loan Program Currently about $270,000 for economic development activities has been set aside. A brochure outlining financial assistance to businesses who create jobs for low and moderate income persons has been developed for promoting this program. Marketing contacts have been made with businesses interested in relocating to Bakersfield. 9. Fair Housin� On October 24, 1994 a temporary fair housing associate was recruited (recruitment for a permanent fair housing associate is currently underway). Standard procedures from screening through mediation are being drafted with intention of full implementation by end of January, 1995. Over 100+ hotline calls came in the past three months with most calls being tenant/landlord disputes. Potential fair housing discrimination cases are currently being forwarded to the California Department of Fair Employment and Housing for further action. In addition, about 3000 fair housing poster essay rules were mailed out last month to about 250 public schools. The poster essay contest ends on March 29, 1995. 10. Villa de Oro Senior Housing Complex The sale of the Villa de Oro complex has closed escrow. The City negotiated the sales price and the terms of sale with the Resolution Trust Corporation (seller) and transfered its rights to purchase the property to the CARE Foundation, a nonprofit corporation (buyer). As a result of this transaction; a 40 unit apartment complex for seniors will remain "affordable" for 40 years, the City received a finders fee of $12,500 for assisting in the sale, and as a result of the below market purchase price to the CARE Foundation, the City earned HOME Program "�natch credits" totaling $593,000. These "match credits" will allow the City to access HOME Program funds for the next 2 to 3 years. � �. �°� ` 11. Communitv Revestment Act (CRA) Lenders Grotrp City staff has been involved in forming a public/private partnership with local lenders to address the need for affordable housing in the City of Bakersfield. A number of lenders have committed to participate in the financing of single family and multifamily housing projects for low income families. This financing will include both acquisition and rehabilitation. The CRA group meets on a regular basis to discuss existing programs and make suggestions for new housing programs for the benefit of our low/mod income citizens. Consolidated Plan 2000 The Consolidated Plan 2000 process (a comprehensive strategic planning process) was publicly initiated on September 15 with two advertised public �rieetings (1:30 P.M./6:30 P.M.) at the Convention Center. Four public meetings were also advertised and held on: 1) October 25 (Tuesday) - Bessie Owens School; 2) October 27 (Thursday) - Jefferson School; 3) November 1(Tuesday) - William Penn School; 4) November 3(Thursday) - Greenfield Jr. High School (all meetings began at 6:30 P.M.). City residents were introduced to the Consolidated Plan process by staff and input was received on housing and community development needs. In addition, two task force meetings were held in the past month at the Convention Center with about 20 interested persons attending from city and non-city agencies. The task force reviewed community needs survey findings, assessed housing and community development trends, and made recommendations concerning strategic goals for the next five years. The next task force meeting is tentatively scheduled for January 25, 1994 at 1:30 P.M. (Convention Center). file:qUy@12.v20 '3` � i B A K E R S F I E L D PUBLIC WORKS DEPARTMENT MEMORANDU1Vq TO: Alan Tandy, City Manager � FROM: Raul Rojas, Public Works Director �� DATE: December 8, 1994 SUBJECT: UNION #10 ANNEXATION Attached is General Services Division's status report regarding the above subject matter. On November 15, 1994 via memorandum from Community Development, our Department was authorized to proceed with the Union Avenue Annexation #10 Area Street Lighting Project which included 39 additional lights to be installed. 1fie funding for this project was approved on May 26, 1993 with CDBG funds. Actual construction for the installation of these lights will begin in early January 1995 and the proposed turn on date will be February 1, 1995. All engineering and the ordering • of materials is underway at this tune. This Department will budget for the purchase of 138 lights from PG&E for $70,000 in next Fiscal Year 1995-96 budget to bring the street lights within the Union #10 boundaries to City standards. DEC 91994 ,! . �� o�e cmrMOR�.00e Attachment j11I'��III'Il�l' �,!' iii..�� . ,.�.i�."�� 11 � �� __ �\y � v��= ` �� ra � ��',�Ilwu� �� . ��1� ='i�, �� p _ ��pP -%� `,��? I IIIII iiri /////I/llll l To: From: Subject: MEMORANDUM December 7, 1994 R u1�Rojas, Public Works Director Larry C. Jamison, General Services Superintendent FUNDS NEEDED TO BRING UNION #10 TO CITY STANDARDS During our evaluation of the Union #10 annexation, the Signing and Marking section has found 66 stop signs and 146 street marker signs that are not up to our present standards. While we have determined that these signs are in good condition and r legally placed, they could be changed-out on an as needed basis or � budgeted for next year. All painting of the existing pavement markings will be completed � this week. The funds needed for stop sign upgrade is $2500 and the street' markers will cost $6000 for a total of $8500. Regarding street lights, we will need $70,000 for the purchase of 138 lights from PG&E. It is our understanding the county will continue to pay for the lights until June 30, 1995. Starting July 1, 1995 it will be transferred to us. My recommendation is to budget all funds in 95-96 budget year. If you have other thoughts, please advise. Union Avenue Annexation #10 Area Street Liqhtinq Prolect FY 92-93 Amendment #1) CDBG Funded CIP Project, With regards to the additional 39 lights to be installed, which are already funded, actual construction will begin in early January and proposed turn on will be February 1, 1995. All engineering and the ordering of materials,;i;s, underway at this time. �„_�„� � _ � TO: FROM: SUBJECT: _ � ! B A K E R S F I E L D Lconomic and Community Development Department M� M O R A N D U M November 15, 1994 Raul M. Rojas, Public �Works Director George Gonzales, Community Development Coordinat Union Avenue Annexation #10 Area Street Lighting r ject (FY 92-93 Amendment #1) CDBG Funded CIP Project - Federal Release of Funds (Environmental Clearance) The funding of the above project was approved on. May 26, 1993. However, annexation of the project area was not assured until the annexation was ordered by the City Council on November 2, 1994. This memo authorizes your department to proceed with the Union Avenue Annexation #10 Area Street Lighting Project. The construction budget is 530,100 account #116-79995-765-89711. The Public Works Direct Delivery budget is 55,000 account #116-75350-765-89711. Our department has completed the Federal NEPA environmental, and your department is responsible for completing the State CEQA environmental for this project. Feel free to contact me if you have any questions, regarding this memo or HUD procurement policies. xc: Ed Kuehn, Assistant Superintendent (General Services) Fred Kloepper, Assistant Public Works Director Darnell Haynes, Business Manager David Bates, Associate Planner Irn:D89/ROJASI.MEM MEMORANDUM December 13, 1 � TO: ALAN TANDY, CITY MANAGER FROM: JACK HARDISTY, PLANNING DIR�C OR � SUBJECT: VALLEY FLOOR HABITAT CONSERV ON PLAN - STATUS REPORT Recent news stories have focused on the County's frustration in developing a habitat conservation program outside of the metro area. Planning staff participates in this program because of its overlap into the MBHCP for oil and agriculture. As you are aware, the Metropolitan Bakersfield Habitat Conservation Plan (MBHCP) addresses endangered species mitigation for urban development within the Metropolitan Bakersfield area. The MBHCP is a joint City of Bakersfield/Kern County planning effort. Oil and agricultural activities were not addressed in the MBHCP as they were considered regional resources which should be addressed through a comprehensive planning effort for the valley floor. Following is an overview of the Valley Floor Plan which is being developed by Kern County: Back�round to Pro�ram: The Valley Floor HCP is intended to provide a means of addressing compliance with state and federal endangered species laws for Kern County's oil and gas production industry, farming industry, urban development (outside the MBHCP area) and other activities. The effort is intended to translate federal and state laws into a locally acceptable program that provides Kern County's industries with an alternative to negotiating each development project directly with state and federal wildlife agencies. The program is designed to address multiple species so as to avoid compliance issues involving future species listings. The Valley Floor HCP has been under development for the past six years. This multi- jurisdictional effort encompasses a 3,000 square mile program area comprising the valley floor of Kern County. State and federally protected species to be addressed under this program include the San Joaquin Kit Fox, Blunt Nosed Leopard Lizard, Tipton Kangaroo Rat and other animal and plant species. Pro�ram Purpose: Kern County's involvement in the Valley Floor HCP was originally encouraged in the late 1980's by the oil industry which desired that a locally administered program be developed to respond to state and federal endangered species laws. In 1989, Kern Counry entered into a Memorandum of Understanding with the U.S. Fish and Wildlife Service, Bureau of Land Management, � .. �° , � � _ ~ Alan Tandy, City Manager December 13, 1994 Page 2 California Division of Oil and Gas, California Department of Fish and Game and the California Energy Commission. This agreement established the responsibility of the program participants and identified the objectives of the program which are to: 1. Develop an Endangered Species Element of the Kern Counry General Plan and a Habitat Conservation Plan for the San Joaquin Valley Floor of Kern County; 2. Develop a cooperative program among local, state and federal agencies with permit authority over endangered species; and 3. Assure the long-term conservation of the species while allowing for the continued economic growth of Kern Counry. Program Steerin� Committee and Consultant: A Kern County Endangered Species Work Group was appointed by the Kern County Board of Supervisors as the steering committee responsible for the development of the Habitat Conservation Plan. The Work Group consists of representatives from the oil industry, agriculture, urban development, special interest groups, Kern County and state and federal agencies. Dames and Moore, as environmental consulting firm retained by Kern County, is assisting in the development of the program. Overview of Program Conservation Strategy: Since program initiation, the Work group and its subcommittee have committee substantial time to reviewing biological information and considering alternative program conservation strategies. In addition, a draft Endangered Species Element of the Kern County General Plan has been developed. The Work Group is currently working on the finalization of a draft Valley Floor HCP document. The Valley Floor HCP proposes an incentive-based approach that utilizes the marketplace to conserve habitat for species benefit. A system of tradeable habitat credits form the basis of the program. Landowners may elect to obtain conservation credits by preserving or enhancing habitat that can be sold or traded to developers as mitigation for addressing endangered species laws. Landowners proposing to develop their property would have the choice of resolving mitigation directly with the state and federal agencies in the manner that is done now or by purchasing conservation credits from willing sellers as proposed by the Valley Floor HCP. The program's conservation strategy allows landowner's to realize economic value from the conservation and enhancement of their property. Development will create a corresponding demand for the marketing of conservation credits that would create a reserve system designed to meet preestablished conservation objectives. The Valley Floor HCP would not be a mandatory program and would not involve any condemnation of property. Project proponents would have the option of resolving endangered species law compliance directly with the state and federal agencies as is presently the case. Likewise, landowners have a choice of receiving habitat value for their properties if desired. The program is designed to provide choices rather than impose prohibitions for endangered species law compliance. � : , z � . ,, . ` Alan Tandy, City Manager December 13, 1994 Page 3 Agriculture is specifically addressed in the proposed program through a strategy that acknowledges existing farming and grazing activities. The program also addresses fallow lands situations by assuring farmers that there is no violation of endangered species laws when utilizing fallow lands that have become reoccupied by species. Provisions will also be included in the HCP to acknowledge existing and expanded oilfield production activities. Proeram Benefits: The Valley Floor HCP is intended to assist Kern County's local industries to address endangered species laws. The program is also designed to accomplish the following: 1. Provide for continued economic growth while complying with state and federal endangered species laws; 2. Protect private property rights of landowners; 3. Provide for long-term protection from endangered species laws and new species listings; 4. Minimize the necessity of preparing expensive and time-consuming biological reports; and S. Provide predictable mitigation requirements that provide certainty to project applicants. Pro�ram Fundin�: State and federal public agencies and private industry are playing an instrumental role in funding program development. The California Department of Conservation and the California Energy Commission have provided funding grants in the amount of $350,000 and $100,000 respectively. The Western States Petroleum Association has provided funding in excess of $28,000 including technical assistance consultants. Additional funding to complete the program has been authorized from Chevron, the Kern County Farm Bureau, the Bureau of Land Management, the California Department of Fish and Game and the Department of Conservation. In addition, the Kern County Planning Department is optimistic that funding will be forthcoming from the National Fish and Wildlife Foundation which is a congressionally-chartered source of federal funding that is available for innovative conservation management programs. Other funding to implement the program is proposed to be pursued through the federal appropriations process with industry assistance. Remainin� Pro�ram Work Tasks and Public Participation: The Endangered Species Work Group anticipates completing a Draft HCP document in early 1995. At the beginning of next year, the Kern County Planning Department intends to conduct a series of public workshops in communities throughout the program area to inform the public and receive comment on the proposed program. A Kern Counry speaker's bureau will also be made available to inform community and special interest groups about the program. Maximum public involvement will be solicited to assure that residents are aware of the proposed program. � � � "°� �, �c� ,� u �� Alan Tandy, City Manager December 13, 1994 Page 4 An Environmental Impact Report/Environmental Impact Statement remains to be developed for the program. An Implementing Agreement must also be negotiated between Kern County and the California Department of Fish and Game and the U.S. Fish and Wildlife Service. The California Division of Oil and Gas will also be a party to the agreement and the permit application process which would authorize a California Endangered Species Act Section 2081 Management Authorization and a federal Endangered Species Act Section 10(a) Incidental Take Permit. � It is anticipated that the finalization of the draft program, development of the Implementing Agreement, preparation of the environmental document and the conduct of extensive public workshops will be completed by the end of 1995. At such time, the program will be presented to the Board of Supervisors. CITY INTERESTS It is anticipated that the provisions of the plan which benefit the continuance of oil and agricultural land uses will be implemented within the MBHCP boundary and city jurisdiction. City staff is monitoring the Valley Floor HCP to ensure that willing participants in the plan are covered within the city jurisdiction, and to determine if city interests outside of the MBHCP area such as sewer treatment and spreading operations can benefit from coverage under the Valley Floor Plan. Staff will continue to update the Council on the progress of the Valley Floor HCP. JM:pjt m\mcc11.21 � � • �. -''� TO: FROM: SUBJECT: MEMORANDUM December 12, 1994 ��`°°��`, - .. . _ �.I �� : . __ __ . -- - -- � : DEC I 3 t�l t '�� , - � � ' „�.'., ..- ° --_,� �,:�_--. . - s COUNCILMEMBER PATRICIA DEMOND LAURA C. MARINO, Assistant City Attorney � COMPLAINTS FROM SILL PROPERTIES I spoke with Walt Berry of Sill Properties regardini� his problems with the hot dog vendor during the Christmas parade, and his problems with his tenant failing to pay his commercial refuse account, resulting on a lien on the property. Apparently, on the night of the Christmas parade, Hot Dog Harry had his cart parked on the sidewalk at 18th and Chester in such a manner that it was blocking the sidewalk. When Mr. Berry asked him to move it, Hot Dog Harry refused, using foul language and treating him rudely. Mr. Berry called the police. Before the police arrived, the vendor had repositioned the cart. The police told Mr. Berry that the vendor had a permit to be located at that site, and therefore the police could not do anything. Apparently, at some point thereafter, Melanie Duis with the Treasurer's Office, investigated and found that the vendor was positioned as he was permitted to be. Mr. Berry told me he understood that Hot Dog Harry, after moving, was in the correct location, but said that he could not tolerate his attitude or foul language. He asked that I send a letter to the vendor advising him that he must be nicer to people. I said I would send a letter. Mr. Berry also threatened that Hot Dog Harry had better not be located at that site again. Thereafter, I spoke with Bill Descary concerning this matter. He said he had spoken with Hot Dog Harry's wife and that she said that Mr. Berry was rude and belligerent to them, and had antagonized Hot Dog Harry. I have written letters to both Mr. Berry and Hot Dog Harry, attached. THIS MEMORANDUM IS EREMPT FROM DISCLOSURE AND IS PROTECTED BY THE ATTORNEY—CLIENT AND ATTORNEY WORK—PRODUCT PRIVILEGE 1_ Memorandum to Councllmember Patrtcla DeMood Re: Compiainta from SUl Properties December 12, 1994 Page 2 Concerning the refuse charges, Mr. Berry told me that he had a tenant who had arranged for refuse service without consulting him. The tenant later filed bankruptcy and failed to pay the charges. His company was then informed that there was an outstanding charge of $2,000 for refuse services and that it was responsible for it. I explained the ordinance to him, and the need for the City to be able to arrange for the ever-changing level of service needed by the tenants. Mr. Berry asked how the ordinance could be changed. I told him that our office would prepare an amendment at the request of a councilmember. He said he would contact Councilmember Randy Rowles to have him make such a request. LCM�meg Misc 2\COUNCIL\SILLPROP. MGM Enclosures cc: Honorable Mayor and City Councilmembers Judy K. Skousen, City Attorney Alan Tandy, City Manager William Descary, Treasurer � . CITY ATTORNEY JUDY K. SKOUSEN ASSISTANT CITY ATTORNEYS ROBERT M.SHERFY ALAN D. DANIEL 10HN D. CLOSS LAURA C. MARINO ALLEN M.SHAW �;,� �� :�� af � e'� F f E! �, ,-'� , �� CITY OF BAKERSFIELD OFFICE OF THE CITY ATTOR'VEY 1501 TRUXTIJN AVENLIE BAKERSFIELD, CA 93301 r December 12, 1994 Mr. Richard H. Armentrout 1600 Rench Road Bakersfield, California 93308 Dear Mr. Armentrout: DEPUTY CITY ATTORNEYS WALTER H. PORR, JR. MICHAEL G. ALLFORD JAMCE SCANLAN ADMINISTRATOR FRANCES E. THOMPSON TELEPHONE: 805-3 26-3721 F AC S IMII. E: 80 5-3 2 5-916 2 This office received a complaint about your use of foul language and rude treatment of the manager of a neighboring business. I was told that there was a misunderstanding between you and that tempers flared. Please keep in mind that you are operating on City property pursuant to a City permit. I understand that you have the right to and may obtain another permit for that location. I hope that you will find a way to co-exist amicably. LCM/meg • cc: William Descary, Treasurer Corres5lHD-Harry.Lv Very truly yours, � � /�-t-�.� /� 1 Laura C. Marino Assistant City Attorney ' r� CITY ATTORNEY JUDY K. SKOUSEN ASSISTANT CITY ATTORNEYS ROBERT M. SHIItFY ALAN D. DANIEL JOHN D. CLOSS LAURA C. MARINO ALLEN M. SHAW . .� . `pr @ �� r�� CITY OF BAKERSFIELD OFFICE OF THE CITY ATTORNEY I501 TRUXTUN AVENUE BAKERSFIELD, CA 93301 December 12, 19r94 Mr. Walter Berry Sill Properties, Inc. 1508 - 18th Street Bakersfield, California 93301 Dear Mr. Berry: DEPUTY CITY ATTORNEYS WALTER H. PORR, JR. MICHAEL G. ALLFORD JAATICE SCANLAN ADMINISTRATOR FRANCES E. THOMPSON 1'ELEPHONE: 805-326-3721 FACSAMQ.E: 805-325-9162 Enclosed is a copy of a letter addressed to Hot Dog Harry. I hope it conveys the message you expected. Pursuant to the ordinance, Hot Dog Harry has the right to return to that location for the next parade, as long as he complies with the regulations set forth in the ordinance. LCM�meg Enclosure Corre.s5\SILL.LTR I hope that you will find a way to co-exist amicably. Very truly yours, /w�.a� � ---- � Laura C. Marino Assistant City Attorney r, �. -�l �'� i ; � _�_,. .� � December 8, 1994 6��`��,�;� �� °°�� °;�� _� p „ � � � � � i .d i c , e 6 �"� ��' a e �''�� „'' � � ;9 , � , � � ..y„�,: e . Chief Steve Brummer Bakersfield Police Department 1601 Truxtun Avenue Bak�rsfield, CA. 93301 Dear Chief Brummer: On behalf o£the Bakersfield Christmas Parade, I would like to thank you and your officers for the excellent job of traf�ic control, crowd control and parade participation during the Bakersfield Christmas Parade on Thursday, December 1, 1994. This was the best assistance and cooperation we have received from the Bakersfield Police Department in the 11 years I have been Chairman of the Bakersfield Christmas Parade. I know this is in part due to the assistance of Lt. Cleo Blackburn and Sgt. Tim Taylor. Their extra effort in attending and participating in the Bakersfield Christmas Parade meetings greatty assisted in the organization of the parade and the parade's success. Again, thank you for the continued support of the Bakersfield Christmas Parade. Please pass along the Committee's gratitude to your of�cers. Harvey L. �iall, Chairman Bakersfield Christmas Parade Committee Captain Eric Matlock ;.: Bakersfield City Council P.O. Box 2367 Bakej�sfield,Ca. 93303 _ __.___ _ . _ , �- DEC � � i994 � � �' ��-=�, J�+--_-_ - _ _ _ . ''��.,1��'° 9iYoG�-;.�i�� (; �;r�`�� •.,ra f:... -�.-- - � � (805) 325-5892