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HomeMy WebLinkAbout01/16/98 BAKERSFIELD CITY MANAGER'S OFFICE MEMORANDUM January 16,1998 TO: HONORABLE MAYOR AND CITY COUNCIL FROM: ALAN TANDY, CITY MANAGER ~ SUBJECT: GENERAL INFORMATION 1. Acts are shaping up very well for the new arena. A country-western concert, Champions on Ice, Disney on Ice, an NHL exhibition game, rodeo, monster trucks, Sesame Street Live and many others are in the works. 2. Earlier this month, the Federal Court issued a Preliminary Injunction barring further enforcement of any portion of Proposition 208, until the California Supreme Court reviews the measure. The court concluded that the proposition's contribution limits to political candidates were too Iow to effectively campaign and that it's voluntary expenditure limits would be coercive. The court concluded that while those provisions were unconstitutional, other portions of the proposition might be constitutional. A statement issued by the California Fair Political Practices Commission on the decision is enclosed. 3. Congratulations go out to the Recreation and Parks Department on their award from the California Park and Recreation Society. They received top honors in the Facility Design and Park Planning - Community Division for their submittal of the Kern River Parkway project. They are now eligible to receive the Award of Excellence, which will be announced in March. 4. Enclosed is a copy of a letter sent to residents in the Panorama Bluff area notifying them of work being done in the landfill this week. 5. A mid-year review of the action items'in the EDCD FY 1997-98 budget is enclosed. 6. Also enclosed is the December 1997 Graffiti program update. 7. A memo from Public Works is enclosed summarizing the subdivision activity within the city during 1997. Honorable Mayorand City Council January 16,1998 Page 2 8. The County has notified us that the cost-sharing agreement for the Mount Vernon Recycling Facility will be on the January 27th Board of Supervisors' agenda. 9. Due to the continued decline in the wood fuel market, we have been rationed to 2 loads per day by the local buyer. Until our composting capacity is increased to handle more volume, we will be sending wood fuel to a plant in Mendota, which will accept up to 3 loads per day. A report is enclosed from Public Works. 10. Responses to Council referrals are enclosed, as follows: · Respond to correspondence regarding noise from Calcrete plant; · Respond to resident at 1323 L Street and make repairs to front sidewalk. AT:rs cc: Department Heads Pamela McCarthy, City Clerk Trudy Slater, Administrative Analyst FPPC Statement On US District Court Prop 208 Decision http://www.fppc.ca.gov/fppc/prop_208_decision.htm California Fair Political Practices Commission 428 J Street, Suite 800, Sacramenta. CA 95814 For Release: January 6, 1998 Contact: Gary Huckaby (916) 322-5737 FPPC Statement On US District Court Prop 208 Decision In a 43 page opinion released on Tuesday, the Federal District Court for the Eastern District of California issued a Preliminary Injunction barring further enforcement of any portion of Proposition 208, until the California Supreme Court has had an opportunity to review the measure. The court concluded that the contribution limits contained in Proposition 208 were too low to permit a typical political candidate to mount an effective campaign for office, and that these limits were therefore an unconstitutional abridgement of free speech rights. The court also found that Proposition 208's voluntary expenditure limits would, in practice, be coercive and that these provisions were also unconstitutional. Although the court concluded that these provisions of Proposition 208 were unconstitutional as written, the court also recognized that many other portions of Proposition 208 might be constitutional. The court was therefore unwilling to strike down the entire measure until the California Supreme Court had an opportunity to decide whether it could rewrite portions of the measure to bring them into conformity with constitutional requirements, and whether it could "sever" any unconstitutional provisions from the remainder of the law, leaving the constitutional portions of Proposition 208 in effect. The court ordered the FPPC to petition the Supreme Court for a hearing on these questions. After the California Supreme Court has spoken, or if the Supreme Court decides not to act, the federal court will render its final decision on the fate of Proposition 208. No decision has yet been made by the FPPC on an appeal of this decision. The Commission will consider that option at its January 15, 1998 meeting. Questions and comments: Please call the FPPC at (916) 322-5660. [FPPC Home Page] [California Home Page] [Search[ 1 of 1 1/16/98 8:57 AM DIVISIONS OF RECREATION AND PARKS DATE: January 13, 1998 TO: Alan Tandy, City Manager FROM: Stan Ford, Director ~ SUBJECT: CPRS Award The California Park and Recreation Society (CPRS) has an awards program that recognizes individuals and agencies for excellence in a variety of areas related to the profession. A few months ago I suggested to the staff that we participate in this program. Last month we submitted a package on the Kern River Parkway for the Facility Design and Park Planning award (see attached criteria). I am pleased to inform you that we were selected as the award winner in the Community Division (see attached notification letter). If I understand the notification correctly, each division winner is eligible for the Award of Excellence. This winner will be announced at the CPRS annual conference in March. Attached, for your review, is a copy of our submission. If you require additional information, please let me know. We will be notifying all organizations that collaborate with us on the parkway as well as the media. RECEIVED , JAN! 3 19.qR MANAGER'S iT. PU~OSE: To honor California park, rSCmation and communiw se~ice agencies Commiuee Chair: SM Failla (562) 464-3360 for excellence in printed and audio/visual materials. PU~OSE: To honor oumtanding facilities m~d parM that demonstrate high standards ENTRY CATEGORIES, CRITERIA & WHAT TO SUBMIT: of planing, design, operation, ~d maintenance. = LO~O-Entries judged on use and application of logo by agenc~ park or a special ENTRY CATEGORIES: program. Submit: ~o identical color photos or gaphic renditions of the logo not to exceed 8.5 x 11; ~o different samples of logo in use on agency letterhead, newsletter, = FACILI~~ DESIGN-Recognizes ou~tanding buildings, structures and facilities T-shi~ or brochure; ~o different color slides of any applications of the logo, ~d ent~, fee. that are used primarily for park and recreation pu~oses. = SPEC~ PROG~ BROCHU~ OR POSeR-Entries j~dged on graphics, = P~ P~lNG-Recognizes outriding park and recreation l~ where readabili~ (l~guage, ~e, layout), and consistent presentation of one theme through- the majori~ of the site does not contain buildings or facilities, out. Ent~ must relate to one pa~icular activiqs special event or series of related activities. ENTRY DIVISIONS (replaces population divisions): S~b~it'. ~o copies of the bFochuFe oF poster, ~o differeHt co]oF slides a~d e~t~ fee. = NEIGHBO~OOD-~ss th~r'~elve acres, sm,es immediate neighborhood. = BEST SINGLE BROCHU~-Entries judged on s~le, ~se of g~aphics, photos, read- abili~ page layout and identification of agency within the brochure. The brochure = CO~~-~ss that f~, ac~s, se~es sever~ neighborhoo~ or mee~ communi~~ nee~. adve~ises a varie~ of progr~s that are not related to one specific event (i.e. quarterly = ~GION.~More than fif~, acres, seines sever~ communities, brochure, department p~blication). Submit: Two copies of the brochure, ~o different = SPEC~ PU~OSE-No acreage requirement, size varies ~th facili~, ~e. color slides ~d ent~ fee. AWARDS CRITERIA: · ~TING ~ C~MGN-Entries j~dged on an agencys use of a = P~NIN~ PROCESS (30 p~.)-Briefly describe the project and i~ pu~ose, cohesive, unified theme to promote ~ activiqs event or facili~ through the use the degree of communiq, involvement in the pl~nin~development ph~es, and of brochures, flyer, poste~, b~ne~ and promotional items. Submit: Two copies of submitted martials in a binder, ~o different color slides and entD, fee. the relationship of the project to open space, recreation elemen~ or m~te~lm ';' = ~D~ CO~UNICATION~W or radio public se~ice ~nouncement, or = DESIGN (50 p~.) Briefly describe what is special about the project from ~ aesthetic, .~ i~o~ational videos. Entries judged on technical qualiw, sound, scripting, creativi~, enviro~ental and use st~dpoint. ; ~d theme. Television or radio PS~ must be nineW secon& or less ~d relate to an = OPE~HON ~D ~N~CE (20 p~.) Briefly describe significant, alternative ; activiw or a series of related activities. I~o~ational videos must be ten minutes or or unusual 9peration and maintenance practices that are resource efficient and cost effective, less. Submit: Two copies of ento, in either written, audio c~sette, or video c~sette = Nomination Porgolio not to exceed 12 x 18 and contain ~enis' pages or less. ~ = ~B SI~S~AGES-Entries judged on technical quali~s sound, scripting, creatMw Porgotio must include project narrative addressing awar& criteNa, and can include and theme. Include website n~e~RL (they will be visited during judginO. Submit: ~o plus, drawings & photographs, copies of entD' either written (ten pag~ m~imum) or taped on video c~sette (three rain- = Notification of completion or other documentation that project xv~ completed in 1997. ut~ or less) only, ~o different color slides of the progr~ and ento, fee. Do not send dis~. ~ ~o different color slides of ~e project wi~ signed photo rele~e(s). Slides will not be re,med.. P~E NO~: M1 materials may not be returned. Ple~e do not send your only copy/ = EntD, fee. edition of any item. , '~hrz~rnT~n~ ~ ~nmm~l~{Tl~ (rh~/lrr .. hn~ fl~r~nT~n~c ~ mn~urr~n~zr ' Cittj ofq ftittier  COMMUNITY SERVICES DEPARTMENT 7630 S. WASHINGTON AVENUE, WHITTLER, CALIFORNIA 90602-1 772 (310) 94.5-8205 January 8, 1998 Mike Doyle City of Bakersfield 4101 Truxttm Avenue Bakersfield, CA 93301 Dear Mr. Doyie: Congratulations! The City of Bakersfield has been selected as a 1997/98 California Parks and Recreation Society award winner in the division of Community for Park Planning. Your agency's award will be presented with the other agency award winners at the C.P.R.S. Awards and Installation Banquet during the 50th Annual California Pacific Southwest Recreation and Park Conference in Long Beach. The Awards and Installation Banquet will be held on Saturday, March 14, 1998, beginning at 6 p.m., at the Sheraton Hotel. The fee for attending the reception and the banquet is $40 per person, $50 if purchased after February 25. This is a very exciting evening where all the award winners are honored and the Award of Excellence is announced. All a~vard winners are automatically eligible for the Award of Excellence. At the reception, all award winners will have the opportunity to have their photo taken, to be utilized for publicity in your local community. You may bring up to three representatives from your agency for these photos. In order for us to accommodate all those wishing to be photographed, you must contact Dave Anderson at (714) 724-6611, by March 3, 1998, to set your photo time. It is important to note the reception is for one hour only. Please arrive in time for your photos to be taken. Other activities thitt' have been planned to celebrate and share your award-winning program or project include a 12-minute video, which will be shown to conference delegates during the opening general session and the education al session, entitled "the Best of the Best." The educational session provides your agency the opportunity to develop a table-top display tbr conference delegates to view and share information on the planning, funding, and implementation aspects of your agency's award-winning program. T~vo representatives from your agency are asked to attend to set up your agency's display and discuss and answer any questions tbr delegates attending this session. This is a very popular session and is well attended. The session is scheduled tbr Saturday, March 14, 1998, t'rom 10 to I l:30 a.m. Marilyn Fisher will con/act you soon with more intbrmation and answer any' questions you may have. Again, congratulations on your award. We look forward to seeing you at the conference. The Awards Program is a very exciting program and could not be possible without the support from our sponsors, RJM Design Group. Little Tykes. and RAIN BIRD. The sponsors enjoy very much meeting the award winners, learning more about the projects and your community. If you should have any questions, please do not hesitate to contact me at (562) 464-3360. Sincerely, Sal Failla Director of Community Services c: Dave Anderson, C.P.R.S. Awards Coordinating Committee Chair City of Irvine, Community Services Department Jane Adams, Executive Director C.P.R.S. The Kern iver arkway A Community Effort In Realizing A Dream The Kern River Parkway: A Community Effort In Realizing A Dream Historical Perspective The Kern River carves a distinctive corridor through the southern San Joaquin Valley. Originating in the Sierra Nevadas in the northeast area of Kern County, it completes its journey in the southwestern flood plain adjacent to the Coastal Mountain Range. This corridor has held a predominate role in government, private, and commercial enterprises, and special interest groups throughout the century. Along with other visionaries, the Kern River Foundation has recognized this area as a valuable community resource, including water recharge, recreation, flood control, and open space. As a result of this interest, for many years the citizens of Bakersfield and Kern County have worked to preserve and utilize the many resources of the lower Kern River. As far back as 1949, visionaries conceptualized the potential economic, educational, and recreational benefits of the Kern River corridor. With preliminary planning in the early 1950's and through the 1960's, time and again the dreams of a few were filed away for serious consideration at a later date. In 1975, the City of Bakersfield purchased the Kern River water rights. By the early 1980's, concerns for the Kern River and its potential resources were regenerated within a multitude of planning efforts. As a prominent issue in the "Year 2000" Kern County General Plan, the City of Bakersfield's "2010 General Plan" and in the visionary efforts of the Kern River Foundation, the realities of a dream were beginning to unfold. An Environmental and Jurisdictional Challenge The idea that the lower Kern River, which makes its way through a large metropolitan area such as Bakersfield, could be utilized as a recreational area, at times seemed unattainable to say the least. The development of natural and formal recreational areas along a river which at once borders residential, commercial, industrial, agricultural and military areas was met with a multitude of challenges. The preservation of floodplain management, riparian vegetation and wildlife, and maintaining the general integrity of the river, presented the visionaries with a series of Environmental Impact Reports (EIR) that put them to the test. However, by 1988, with the final adoption of the Kern River Foundation, and the final EIR, the combined efforts of governmental resources, private organizations, and special interest groups where about to embark on a materialization of a dream. Continuous environmental considerations had to be reviewed time and again by all agencies involved. The challenge in mitigating the impact to the integrity of the river flood plain, was matched in determining a selection of up to 65 varieties of large and small trees, shrubs, ground covers and herbs, which could be maintained or utilized. Along with this, an immense list of wildlife species including 2 varieties of amphibians, 4 reptiles, 142 birds, and 15 mammals had 1 to compiled and reviewed in terms of maintaining, as much as possible, the necessary natural resources necessary for their well being. With the culmination of all these efforts, four primary purposes were designated to the development of the Parkway: 1. Flood control and water conservation. 2. Preservation and restoration of native riparian habits. 3. Open space greenbelts, recreation and formal parks. 4. Active, on-going public and municipal participation in a community project. Realization of a Dream in the Community An example of active, on-going public and municipal participation in a community project was expressed in an excerpt from the Kern River Foundation entitled, The Kern River Parkway 1988 to 1997: "The Kern River Parkway Plan was written with extensive public input. A community concerns report included the results of public workshops, newspaper questionnaires and a series of interviews with community leaders, private property owners, and Bakersfield residents." The result of these methods of interchange between planners and the public indicated that the majority of residents said they would use the parkway and support the family-oriented environment produced by such an endeavor. The City of Bakersfield was instrumental in providing these recreation environments by obtaining various state and federal grants, and in playing a major role in coordinating the development and maintenance of the formal, park-recreational aspect of the parkway. Other community efforts of nonprofit fund-raising, sponsorship and organized volunteers, paved the way for further development. Private industry, such as Texaco, Shell Oil, PG&E, Mercy Hospital, and the Chamber of Commerce also contributed to the development. Finally, recreation and parks employees and employees from many other departments, donated endless hours in the development of major segments of the greenbelts along the river. The parkway includes 1,400 acres along the Kern River corridor between Manor Street and Stockdale Highway Bridge. The original 8.0 mile bike path, developed in the late 1980's, now extends an additional 2.5 miles past Manor Street, and 1.5 miles west of Stockdale Highway Bridge, for a total of just over 12 miles of uninterrupted bike path. Conceptual plans are in the making to extend the bike path well beyond its present length. Starting from the east, a participant can bike, run, walk, or skate their way along the river through natural riparian areas, areas enhanced with planted trees (all of which are designated as indigenous to the area), large community parks, recreational areas, a lake, and equestrian trails. 1 I The major features of the Kern River Parkway include: i · 320 acres of primary river channel. · 275 acres of natural and riparian lands. · 460 acres of educational studies area within a natural habitat. I · 25 acres of recharge basins, known as Truxtun Lake. · 12, continuous miles of bike path with 9 rest areas, and a shower. · · 8 miles of equestrian trail. · Multi-station exercise Par Course. · 31.5 acres at Beach Park, featuring, lighting for baseball, rugby, soccer, and horse shoes. ', · 15 acres of the newly developed Yokuts Park with group picnic areas, playgrounds, and lighted rugby/soccer fields. · Greenbelts that extend several miles, providing recreation activities, parking, and staging 'l areas. Since inception, more that $2.5 million in Federal, State, and private grants, plus community donations have paved the way for such accomplishments as the following: ° 3,200 trees planted. I · 320,000 feet of irrigation lines installed. · 40 acres landscaped for public use. i · 50 acres developed for recreation and public access. · 100 acres acquired by the city for the parkway. Finally, the Kern Rive Parkway has been awarded and recognized through the following: · Honorable Mention for Specific Planning Project: California Chapter American Planning I Association, 1989. · · Outstanding Planning Award: California Central Section American Planning Association, 1989. I · Resolution of Support for the Kern River Parkway adopted by the California State Department of Parks and Recreation Trails Committee (Resolution #92-04). · Award for Merit for the Water Recreation and Recharge Program: Kern Council of I Governments. Focal Point: Yokuts Park to the Truxtun Lake Since 1988, visionary plans included the entire scope of the parkway. However, because of the I immensity of the project, a focal point was needed to formally begin the process. That focal area is described as the section along the Kern River from Yokuts Park to the Truxtun Lake. Several factor influenced the choice of this focal point: I · The available open flood plain and riparian areas. · Truxtun recharge basin lake. · · Its proximity to travelers. · High visibility · Its central location. With all these factors in place, and all the hard conceptual planning work behind them, the time was optimum for the community effort to be formalized and implemented. In the late 1980's, two major developments set the stage for the focal point of the parkway. The first was the development of the 20 acre groundwater recharge lake along Truxtun Avenue. The second was the construction of the bike path adjacent to the lake and Truxtun Avenue. The planting of hundreds of Poplar and Sycamore trees was coordinated between the City of Bakersfield and the Kern River Foundation throughout the riparian areas along the Kern River and Truxtun Avenue. I As the popularity of the area grew in the early 1990's an informal park setting with a parking lot was developed just east of the lake. Here users of the bike path or those needing parking access to the lake could find an area that was not only suitable to their needs, but provided an aesthetic I park setting to utilize. Al! along, the volunteers and the City of Bakersfield combined efforts for the best product. As expected, this was only the first in the development of the greenbelts between the Kern River and Truxtun Avenue, that transformed unused land into what is now I lush recreational areas. The next phase was to develop a multi-stationed par course, a large parking lot for the users of I the bike path and an enjoyable park setting for all to use. As the decade rolled along, the greenbelts were extended to enhance the area from the lake to commercial property. Finally, Ithree sand volleyball courts nestled in the turfed areas, with a shower, were added to this aesthetic recreational area. This area was named after the Yolomne Indians, a tribe of the Yokuts Indian Nation, who lived in and around what is today known as Bakersfield. I An integral part of these developments was the implementation of a centralized computer irrigation system that would be utilized to irrigate the entire area from Yokuts Park to the west I end of Truxtun Lake. This system, call MAXICOM, which can be operated and monitored by one person, revolutionalized the way the City Recreation and Parks Divisions irrigates a variety of park areas, streetscapes and medians. Some of the features of this system are: I · The amount of irrigation is controlled via a weather station. · Multi-station capabilities to limit the irrigation window. I · A flow which detects flow. manage system excess · A complete and concise data based monitoring system for water usage. I The City of Bakersfield Recreation and Parks Divisions were the first municipality throughout I Kern County to utilize a centralized computer irrigation system of this nature. The success of · this system in water and labor savings provided the city with enough confidence to implement a required landscape installation standard of using this type of system in other major developments I throughout the city. As a result of implementing this system along the Kern River Parkway and i in other areas, a nationally distributed Site Report by Rain Bird Corporation noted the following accomplishments: "In 1995, the Parks Division was awarded statewide recognition from the California Water Awareness Campaign for the best water conservation program for landscaping. That same year, the U.S. Bureau of Reclamation, considered the world's preeminent water agency, honored the City with a conservation award in the "Promising Products category for using MAXICOM." After the completion of the lake and greenbelts, by the mid 1990's, the need for a formal park was realized through the development of Yokuts Park, named after the Indian nation native to the San Joaquin Valley. This 15 acre park nestled along the south side of the Kern River, the north side of the bike path, the west side of Interstate 99, and the east side of a riparian area landscaped by volunteers years previously, provided the best example of a formal park setting within a natural riparian area. Designed by the city, this park provides barbecues, sheltered picnic areas, playground areas, a lighted soccer field, a running bath along the river and a large open area for other recreational usage. An area of interest is the riparian area west of Yokuts Park where a wildflower sanctuary was developed by the Kern River Foundation with irrigation designed by the City. Also the Native naming a running through area as Hoe-y cross country American theme is continued in trial that running course. The Hoe-y are also a tribe within the Yokuts Indian Nation Conclusion The primary reason that the Kern River Parkway has been submitted to the California Parks and Recreation Society for award recognition, is realized in understanding the history, complexity, and visionary characteristics of the project. Not just a design project that was formulated by a municipality alone, the Kern River Parkway stands out as a unique and exciting demonstration of how an entire community through combined efforts can realize a dream. The Kern River Parkway provides an exceptional aesthetic setting, for recreational programs, educational facilities, equestrian enjoyment, natural habitat research, group picnics, volunteer programs, leisure and organized sporting events, and basically an enjoyable place just to go to get away from the cares of the day. Most importantly, the Kern River Parkway provides an opportunity where the people of the community, be they private citizens, special interest groups, governmental, or in industry, can come together to realize a dream that has long lived in the hearts of the residents of Kern County and Bakersfield. ! S:\parksrec\KRNRVR.WPD ,! Appendix Texaco parking lot before and after .......................................... Page I. Yolomne volleyball court area before and after ................................ Page 2 Multi Par Course ......................................................... Page 3 General greenbelt area ..................................................... Page 4 Volunteers plant native trees ................................................ Page 5 Pathway to Yokuts Park and the river ......................................... Page 6 Bike trail along Lake Truxtun ................................................ Page 7 Bike trail in riparian area and greenbelts ....................................... Page 8 Yokuts Park with blessed indian rock ......................................... Page 9 Rain Bird Site Report .................................................... Page 10 Conceptual Master Plan for Kern River Parkway .............................. Page 11. Yokuts Park ............................................................ Page 12 Riparian area adjacent to Truxtun Lake ....................................... Page 13 Wildflower riparian area with Hoe-y trail ..................................... Page 14 S:\parksrec\KRNRVR.WPD .I I I I I I I I I I I i I I I I I I I I I I I I I I I I ~ ' ' ' :-' '" ~1~ .:'- - ~:~ -?'E---~-"~.-, I I I I I I I I I I I I I I I I I I ! I I I I I I t-LU,SED I I ! City of I' Bakersfield Irrigation Consultant Frank Simon I Landscape Irrigation Consulting (L/C) Dana Point, California Landscape Architect Gregg Polubinsky Martin-Mclntosh, /nc. Bakersfield, California Distributor I KernTudSupplglnc. MAXICOM® Brings City Bakersfield, California ! Historic Water Savings ._. - * _ The leaders of Bakersfield, California have made historic strides in managing water. A I ~~'::"~--~:~¢:~ ~:::~:~ decade of drought and a dwindling water table led the city's Parks DMsion to begin ~ ....... :, :- ': upg~:ading its electromechanical controllers to a Rain Bird MAXICOM Central Control ,,-~..~.-.:~ .... :.:,.. -~..~ ~,~_~.k.~:.~:~"-":~':-~ ..... .... ' :.:,.~':, · system. Shortly thereafter; Bakersfield received state and national accolades for I ~-'~..~;: .... ~ ~?:Y%:-. {'~ preeminent accomplishments in water conservation. ~:-~4"~m-_.~-~:-_?~_..:. ........ Drou§ht Threatens Water Supply "~'~ .... ' ~' ~~ During the late 1980s, so little precipitation fell in California that most cities faced 'l ~~1 ~ drought conditions. Bakersfield, located in the state's semiarid Central Valley, was no~ ~ exception. The city's steady population growth was putting demands On the ever- · ~ ' dwindling water table. The water level in some wells had dropped as much as 60 feet I ,.,-,.....,,~.-.~,. .~, . and nearby Kern River flowed at less than 50 percent capacity. Yet city leaders were · ~* determined not to raise water rates. The need for lean management was becoming paramount. For Bakersfield's Parks Division, responsible for irrigating the city's parks and street I The Parks Division for the city of Bakersfield, Ca/if., needed a way to reduce landscapes, the drought years forced a hard look at operations. "Not only were we operating costs, concerned with the potential need to ration water; but we needed ways to reduce our I A MAXlCOM Central Control system operating budget," said Mike Doyle, one of the Parks Division's supervisors and water eliminated the time and money spent managers. manually programming controllers Doyle and fellow supervisor Terri lVlcCormick implemented a plan to manually throughout the city and saved more than program electromechanical controllers used throughout the city to fit changing weather. I I0 million gallons of water in one year. Ho~veve[; it took one full-time staff person just to accmnplish this, and there was no way TO ~EACH ...landscape planting plan is noi finial.. I ,,.this plan reflects as installed... / KERN RIVER PARKWAY LA ~PLAN LANDSCAPE P NTING I PROTECT ALL E~STING TREES IN THIS AREA SAND TOT -'~--' PLANT MATERIAL LEGEND ~ , ,, , ~0",o .' ' .. ,.A~A~.~. ' .' ': :''"'' · '" b "' · ' ~%*~' 3"--~">-."' )'-. ~ ~ "/-~ ' :' ".:;..' ':" ;.' '...:" · . ..,. "' '-'" ""-~*-" ' "" '" :' :: '.".'.'. . ~ ". '..-. .:~.~% i VICINITY MAP ~ · % '.. i~l:~J~' , SEEDING S~CIFICA~N ' 1.0 Ae~ea ~n~folium ~98/70 ~ ~ OR O~ ~CH~IC~ D~ 24 HOUR NO~CE IS - SPECI~C~Y DESIGNED FOR SEED~G C~ C~ CONS~U~ON SE~ON AT (805) 328-3049 ~D : , : ~ CO~ON. PRO,~ SEED BAGS ,OM RESPON~ FOR ~ C~,ONS ~D DRA'NGS 0N T~E P~S 21 q ...... ~sHzeuH { lute.or live ak - Ever~ .... bade ~ee  Nemophila men~esii ~T. C0~. MOI~ ~ RODEO. ~ND ~ ERRORS. O~SSIONS. OR ~0~ONS OF ~0~ ORDIN~CES. _ .0 Pha~lia eampau~affia {98/75 } CON~U~ON. 4.0 Si~ohium bellum / ~ /- O.O Hordem oalifomiea1 "X ~ ,I v~,,. ~o,o~. o 4 o a o : ': o ?: .: ,.~o~ ~:~ Courior ~U mm~e ~ual M~d~ Gr~ am for ~1~ and ' ' mte~ and 5ha~. ~1 ~ ~d h~ ~ ~ ~ ~nd ~ "D %.. 'x ~ - ~"J I '~pm~t ~e f~m [~lak mo~ a~d ma~ten~c~ BAKERSFIELD PUBLIC WORKS DEPARTMENT 1501 TRUXTUN AVENUE BAKERSFIELD, CALIFORNIA 93301 (805) 326-3724 RAUL M. ROJAS, DIRECTOR · CITY ENGINEER Januaw 13,1998 To: Panorama Bluff Residents RE: LANDFILL WORK ACTIVITIES We would like to inform you about the City's work activities on the landfill below the bluffs this week. A drilling rig will be used to make three new wells for an upgrade to the gas collection system. These wells are to take the place of a few older ones. Although the system is working very well, the City wants to maintain it in top condition. If you have any questions about this project, please call me at (805) 326-3114. Sincerelv, ¢ ~ Kevin'Barnes Solid Waste Director KB:smp c: Alan Tandy, City Manager Raul Rojas, Public Works Director Judy Skousen, City Attorney Bill Brown, Daley and Heft File RECEIVED S:~WPDATA~L_WORK ACTV.LTR.wpd ! ? JAN ;TY MANAGER'S BAKERSFIELD PUBLIC WORKS DEPARTMENT MEMORANDUM TO: ALAN TANDY, CITY MANAGER FROM' RAUL M. ROJAS, PUBLIC WORKS DIRECTOR DATE: JANUARY 14, 1998 SUBJECT: GENERAL INFORMATION Attached is a copy of the December report regarding Graffiti. If you need additional information, please do not hesitate to call. Attachment BAKERSFIELD PUBLIC WORKS DEPARTMENT MEMORANDUM TO: Alan Tandy - City Manager FROM: Raul Rojas - Public Works Director DATE: January 8, 1998 SUBJECT: Subdivision Activity in 1997 In 1997, the Public Works subdivision section processed for recording 52 final tract maps encompassing approximately 556 acres, and adding 1,428 lots to the available inventory. There were 9 parcel maps recorded over approximately 208 acres divided into 37 parcels In 1997, the Planning Commission approved 12 tentative tract maps with a potential for 1,980 lots. S:\MISCMEMO\1998\1997 subd activity.wpd cc: mps Reading File RECEIVED "I JAN I.2 1998 ! ' ' ~':; .'-\!?-.GEi~'~ BAKERSFIELD Economic and Community Development Department MEMORANDUM January 9, 1998 TO: Alan Tandy, City Manager FROM: Jake Wager, Economic Development Dir SUBJECT: Mid Year Status Report Staff has prepared a mid-year review of the action items contained in the FY 1997/98 budget. Please call if you have any questions. ECONOMIC DEVELOPMENT 1) Continue implementation of the KEEP (Keeping Existing Employers Profitable) program as a comprehensive business retention tool. On behalf of Mayor Price, arranged for three mailings totaling approximately LBO0 letters to new business owners thanking them for taking out a city business license. 2) Foster positive relationships with the State of California, Kern Economic Development Corporation, Employers' Training Resource, Employment Development Department, and other economic development agencies. Coordinated training on the new enterprise zone vouchering process for various agencies involved in putting people to worl~ Coordinated workshop for southeast Bakersfield businesses regarding changes in the enterprise zone. Worked on task force to develop a Request of Proposals (RFP)for an economic development strategy for all of Kern County. Participated in Kern County Works Collaborative that acts as a clearinghouse for programs and services focused on preparing welfare recipients for employment. : JAN I2 1998' dlk:P:LlWS\yearend.rpt Page ~ 1- 3) Capitalize upon economic development opportunities associated with the Bakersfield Business Conference, such as the Mayor's Tent and community tours. At the Bakersfield Business Conference in October, coordinated displays and staffing in the Mayor's Tent to provide information on Bakersfield to conference goers. Coordinated materials and provided staffing at Mayor's Table for the California Truck Stop 300, Featuring the NASCAR Craftsman Truck Series, at Mesa Matin Raceway in October, to provide information on Bakersfield to those attending this even~ Provided city or site tours to five businesses and two agricultural tour groups of Chinese officials. 4) ContinUe monitoring revenues/expenditures at the city-owned 18th and Eye parking structure to ensure profitability, provide sound fiscal management and grow the off-street parking fund. In coordination with Allrlght Management Services, instituted a comprehensive signage program, extended operating hours, after-hours access equipment, and revenue control system operations. Staff is monitoring revenues and expenditures on a monthly basis. As a result, staff has been able to ensure that the parMng structure's management is accountable and responsive. Specifically, we've been able to determine that while the costs of expanded operating hours exceed the revenues generated, they are a good investment and should provide a financial return when combined with efforts to market the structure. Overall, the parking structure has been breaking even over the last four months. For the year, the structure made a profit of $865.00. The operation wouM have been more profitable had it not been for several (one time expenses) capital improvements and large maintenance expenditures that occurred during the year that are designed to improve customer service, safety and marketability. 5) Pursue development opportunities at Bakersfield BusinessPort. Worked with the new General Services Superintendent and Property Manager to propose lease rates to Council for approval Upon such Council action, we will coordinate a tour for local brokers and lenders to acquaint them with the benefits of the BusinessPort for their clients. 6) Act as a liaison between various city departments and organizers of community events, such as the Old Town Kern Railroad ArtsFest, Up On The Roof, Las Fiestas Cinco De Mayo, and Downtown Street Faires. Coordinated city permitting and review of Up on the Roof, Las Fiestas' Cinco de Mayo, and downtown street faires. In addition, coordinated (9) specialty banner requests along city streets by community groups, such as the Bakersfield Symphony, and coordinated the Great American Whistlestop Tour at the Amtrak Station. 7) Provide staff support to the Historic Preservation Commission to prepare agendas, attend meetings, and process applications as needed. Prepared agendas and attended three commission meetings, four committee meetings, and coordinated two public hearings for alterations to designated cultural resources. dlk:P 5JWS\yearend.rpt Page -2- 8) Provide staff support to Community Advisory Council as needed in cooperation with County staff. (Enabling legislation that authorized the Community Advisory Council expired December 31, 1996.) 9) Provide staff assistance and economic development opportunities while hosting the Mayor's tent at the Bakersfield Business Conference. (See Item 3 above) 10) Develop updated marketing materials for the Incentive Area to promote the area's benefits to potential employers. In the updated Industrial Park Map, the new enterprise zone benefits are detailed In addition, we have updated the "We Want Your Business in Our Enterprise Zone" brochure to reflect the changes in the program. 11) Continue to provide marketing expertise to promote the availability of the Bakersfield BusinessP0rt. Specifics of available sites were included in the updated Industrial Park Map, assuring that the Bakersfield BusinessPort is promoted along with all other business parks in metro Bakersfield. 12) Continue implementation of Unreinforced Masonry Incentive Program (URM) to promote public safety. One hundred eight applications have been received and 22 reimbursements have been made to owners of URM properties. 13) Continue actions to enhance attraction efforts for Southeast Bakersfield Supermarket. Continued to provide updates on proposed redevelopment project areas to local representatives of a supermarket chain interested in Southeast Bakersfield. At a Councilmember's request, attended a meeting with a second supermarket chain's representative exploring a site in Southeast Bakersfield. 14) Continue to seek new economic development strategies focused on Southeast and East Bakersfield. Coordinated an Economic Development Feasibility study for east and southeast Bakersfield to explore possibilities of establishing redevelopment project areas. Provided information requested by City Council committee examining new project area feasibility. 15) Marketing of city-owned downtown property for development. Only city-ownedproperty in downtown is a small parking lot adjacent to Hotel Bakersfield. This property offers limited sales opportunity. dlk:P:LlWS\yearend.rpt Page -3- 16) Identify a project for Housing Set-Aside Project Opportunities to improve housing oppommities for low- and moderate-income residents. Identified housing set-aside monies to supply a required match for the HOME program. Have had discussions with (3) housing developers regarding interest in a downtown housing project Initiated CDDA and City Council action approving use of housing set-aside for HOME match. 17) Complete the construction of streetscaping, landscaping, and other enhancements to downtown public right-of-way as detailed in the Chester Avenue Streetscape plan. Construction began in Fall 1997. Pending no delays, completion is scheduled for February 1998. 18) Provide staff support to the Central District Development Agency for agenda preparation, representation at meetings, and with the implementation of Agency policies, plans and activities. Prepared agenda items for Agency action as needed for two meetings and forwarded them to City Clerk for distribution. 19) Continue to foster cooperative efforts with the Downtown Business Association to revitalize the Central Business District. Worked closely with the DBA to coordinate the downtown mural program, special events, and have involved the association with communicating progress of the Chester Avenue streetscape efforts to area business and property owners. 20) Continue to support Building & Safety to get 100% compliance of the Unreinforced Masonry Ordinance prior to the December 31, 1998 deadline. Encouraged applicants in the URM Incentive program to be aware of the deadline and how the Incentive program can assist in that regard (See Item 14) 21) Miscellaneous additional activities: oprovided film liaison assistance to three productions: Breakstreet Pictures, which generated in excess of $1 million in production costs spent in Kern County for a feature length motion picture; Twentieth Century Fox, for a feature length motion picture; and an independent production company which plans a feature film to begin in the first quarter of 199& oAs part of the Annexation Task Force, successfully brought Casa £oma area into the city. COMMUNITY DEVELOPMENT 1) Prepare the Consolidated Plan Annual Report for Fiscal Year 1996/97 for submission to HUD by September 30, 1997. The Annual Performance Report was completed on Sept 26, 1997. dlk:P:XJWS\yearend.rpt Page -4- 2) Compile, prepare and submit the Annual Plan (CDBG and HOME Applications) for Fiscal Year 1997/98 by May 15, 1997. The Annual Action Plan was completed on May 6, 1997. 3) Provide the general public and specifically the low-income population, with timely information concerning the available and proposed uses of HUD-sponsored programs. Staff held two public meetings (April 16, 1997; Sept 25, 1997), one non-profit application workshop (Sept25, 1997), and the second annual HUD consultation meeting (Dec 18, 1997). 4) Convert to an Integrated Disbursement Information System (IDIS) which will automate HUD's financial tracking and reporting system for cities. IDIS conversion was completed in September, 1997. The department has converted to the IDIS system. All HOME and CDBG projects have been set-up in the system, and we have successfully drawn down funds for reimbursement of project costs from HUD's letter of credit bank. These draws are transferred directly to the City's bank account via wire transfer. We are reporting receipts of program income to the IDIS system as well We have also trained the Finance staff to approve the drawdowns. 5) Implement the CDBG and the National Affordable Housing Act Title II, Home Investment Partnership Program for affordable rental and homeownership housing opportunities through acquisition, rehabilitation and new construction for low income persons. Under the HOME program, eight single family dwellings have been rehabilitated and applications for Community Housing Development Organizations (CHDO) are currently under review. Under the CDBG program, federal environmental reviews for the following capital improvement projects were completed: Chester Ave. Streetscape (Ph II), Casa Loma Street Improvements (#6 Annexation), Chester Ave. Street Improvements (#3 Annexation), Lake Sa Area Street Reconstruction (Ph. IF), Neighborhood Street Lighting Project (Ph. II), and Sidewalk Reconstruction Project (PhlII). Additonally, the following non-profit activities have been completed and project agreements have been initiated: Clinica Sierra Vista Services Building Acquisition, Desert Counseling Center's Women's Center Acquisition, Kern Bridges Youth Home Acquisition, and Lowell Park Recreation Projeca 6) Continue the First-time Homeowners Mortgage Assistance Program. Under the First-time Homeowners Mortgage Assistance Program, 34 homeowners have been assisted with current funds. We continue to smoothly process FTHB loans of up to $3,500 to qualified home buyers. The department has developed an improved processing system that guarantees a check to the buyer's title company within 10 days after a final inspection of the property is made. Staff is also able to completely process a FTHB loan within three weeks from when all information is provided by the home buyer. Furthermore, all FTHB loans are kept in a computer database by the department upon submission of an application by the home buyer. The database allows the city to instantly search or report by several different fields, including name of borrower, name of lender, amount of assistance, and ward where assistance was given. dlk:P:~JWS\yearend.rpt Page -5- 7) Contribute to the implementation of a non-profit public facility activity. Project agreements for the Alliance Against Family Violence and Bethany Services were approved in November, 1997. 8) Coordinate the Mortgage Credit Certificate Program together with other Kem County communities and agencies. The Mortgage Credit Certificate program was phased out and replaced with the California Rural Home Program which will provide financial assistance for first and second mortgages to middle income families county wide. Informational meetings were held in November with the real estate community announcing the new program. 9) Continue the Looking Good Neighborhood program by empowering residents to improve community awareness of drug and crime prevention, graffiti eradication, and Fair Housing educational information. The Annual Good Neighborhood Festival was held in October and well attended by city residents. Staff provided technical assistance and educational and program information to residents. 10) Work with existing non-profit service providers in fund raising activities to improve the quality of life for low income individuals and families. Provided technical assistance to six non-profit service providers for a $ 4 million HUD Supportive Housing Program grant application. Recently staff received notification that $2.3 million in Continuum of Care funds were awarded to four non-profit agencies: Clinica Sierra Vista - $429,470; Alliance Against Family Violence - $283,268; Bethany Services- $1,018,223; and Kern County Economic Opportunity Corporation - $631,000. 11) Contribute funds to the graffiti removal program within the City and specifically CDBG eligible low-income neighborhoods. Budgeted $150,000 in FY 1997-98 CDBG funds for graffiti removal (operation of the graffiti removal program, a multi-funded program, has been transferred to the Public Works DepartmenO. 12) Provide Fair Housing educational information to consumer and housing providers. Provided fair housing information through education & community outreach (8 events); technical training (six parties involved in conciliation agreements); compliance activities (21 cases/47 inquiries); and counseling to housing consumers and providers (490 callers). Additionally, fourteen individuals received fair housing tester training for sales, rental, insurance and lending. 13) Work with the County of Kern to create employment opportunities for residents of the State's High Density Unemployment Area. Coordinated efforts with County staff and Employers Training Resource to train job developers about the new enterprise zone program to market its benefits to employers. In addition, a workshop for zone businesses and accountants provided detailed information about how employers can access the program 's tax incentives. dlk:P:UWS\yearend.rpt Page -6- JAN 1 3 1998 BAKERSFIELD ENGINEERING DEPT. Public Works Department MEMORANDUM January 8, 1998 TO: Brad Underwood, General Services Superintendent FROM: Myra McArthur, Planning Technician "'~q4 SUBJECT: GRAFFITI UPDATE - December 1997 Fund Raising for Educational Activities Staff is seeking financial contributions to fund the 1998 anti-graffiti educational activities. Letters were sent out in the month of December to local businesses, and individuals, giving them the opportunity to sponsor the program. This year, our educational/preventive measures will reach approximately an additional 8,000 children. Specifically, staff will be working with the Panama Buena Vista School District and the Rosedale School District, in addition to the Bakersfield City School District. Potentially, our activities will reach 16,000 fourth, fifth and sixth grade students in 1998. Anti-Graffiti Assemblies and Poster & Essay Contest Schools have began to schedule anti-graffiti assemblies. These assemblies will be conducted through the month of March. The 1998 poster & essay contest is scheduled to take place from Monday, March 23 to Friday, April 3, 1998. The awards ceremony will be at 6:30 p.m., in the Civic Auditorium on Tuesday, May 26, 1998. Graffiti Eradication Hot line Calls Paint Crew Hrs. Sites Serviced CDBG areas 93 252.5 219 Other Areas 111 243 207 CDBG % 45% 50% 51% Totals 204 495.5 426 ? Cost recovery The following chart summarizes December 1997's cost recovery activities. Graffiti Loss claims Potential Cost Recovery Potential Criminal: Amount arrests requested by Cost to began by Cost to Court- Paid to Probation recover City Attorney's recover Ordered to City from City criminally Office civilly pay 14 juveniles 1 $400 15 cases $11,400 0 cases 0 xc: Raul Rojas, Public Works Director Joe Lozano, Public Works Operations Manager Jake Wager, Economic Development Director Sgt. Phillip Clarke, P. D. Special Projects Judy Skousen, City Attorney Virginia Gennaro, Deputy City Attorney I BAKERSFIELD PUBLIC WORKS DEPARTMENT MEMORANDUM TO: Alan Tandy, City Manager FROM: Raul Rojas, Public Works Dir.ector~~'-~~ DATE: January 7, 1998 SUBJECT: COUNTY REIMBURSEMENT FOR GREENWASTE RECYCLING OPERATION We have received a letter from the County indicating that the annual cost-sharing agreement for the Mt. Vernon Recycling Facility will be placed on the January 27 Board of Supervisors agenda. Hopefully it will be approved so we will not have to deny County residents the use of the facility. KB:smp RECEiVEi~ S:\WPDATA\KC_REIMBRU.wpd ~ JAN - 9 I998 ; . CiTY MANAGER'~ MEMORANDUM January 15, 1998 TO: ALAN TANDY, CITY MANAGER FROM: JACK HARDISTY, DEVELOPMENT SERVICES DI~~/' SUBJECT: CITY COUNCIL REFERRAL # WF0017821 REGARDIN~ NOISE FROM CALCRETE PLANT (LETTER AND VIDEO FROM ALEX CANDIA In December Mr. Fidler and I reviewed the video prepared by Mr. Candia. There was noise that could be heard apparently coming from Calcrete as well as cars traveling along Pacheco Road. The noise source as determined from the video is 30 feet tall negating any benefit that a sound wall would provide. Calcrete was in business at this location prior to approval of the subdivision for Tentative Map No. 4241. Subsequent to completion of the subdivision, the 2010 Plan identified Calcrete as a noise source. This information was provided in two memos from Mr. Fidler to Mr. Hardisty in February and March 1996. The situation described by Mr. Candia is a pre-existing condition acknowledged in his letter dated November 1997. In his letter he posed five questions which are responded to below. 1. Is it true there is no noise ordinance in Bakersfield? No, the City does have a limited scope noise ordinance and it is contained in Section 9.22 of the Bakersfield Municipal Code. (Attached to this memo for your review.) 2. How do businesses get away with such noise pollution in residential areas? Businesses are not allowed to generate noise that exceeds the standards contained in Section 9.22 of the Bakersfield Municipal Code. 3. Why will the Bakersfield Police Department respond to a complaint of loud noise in the neighborhood but say they cannot do anything about industrial noise? Loud noise is associated with disorderly conduct which is a matter enforced by the Police Department. Noise generating sources are associated with business operations and are enforced based on standards in the general plan and local ordinance. 4. Was there an environmental impact study done for this area? Environmental review is conducted on all projects as was the case for Mr. Candia's subdivision. However, an EIR was not prepared for this project. Alan Tandy, City Manager January 15, 1998 Page 2 5. Did someone drop the ball and not do their job properly and do I have to suffer the consequences? This project was approved in compliance with rules in effect as of the date the application was accepted as complete. SG:pjt m\mcs1-14 9.20.030--9.22.020 ~atrons, guests, or invitees of the owner 9.22.010 Noise generally. cupant of any of the premises set forth in A. It shall be unlawful for any person to :ion; willfully make or continue, or allow to be made or To lodge in any public building, .nds, continued, any loud, unnecessary noise which streets, sidewalks, or use an' disturbs the peace or quiet of any neighborhood or dler, bus, truck or in any which causes discomfort or annoyance to persons park, ~lic grounds, streets, or for residing within one thousand feet of the noise sleeping r lodging purposes; ;ection source. shall not )ply to any organize~ recreational B. The standards which may be considered in outing und, the supervision of recreation determining whether a violation of the provisions department the city or county, or of this section exists may include, but are not when authoriz ion is duly by the council limited to, the following: of said city for milar purp as set forth in 1. The level of the noise; this chapter; 2. The level and intensity of any background C. To enter including the noise; grounds of any residence, for the 3. The proximity of the noise to residential purpose of particil in any festivity, party, sleeping facilities; social function, social tlr, dance, ceremony or 4. The nature and zoning of the area within private gathering of s, unless such person which the noise occurs; so entering the .grounds, was at the time of such entel an in'tee or guest of the 5. The density of habitation of the area within i~/~ anon which the noise occurs; occupant of sa )remises; o person under false pretense flf being an invite or guest shall 6. The time of the day or night the noise gain admittance to any sucl~ premises or occurs; ~ounds. (O//d. 2606 § 3, 1980;'X~rior code § 7. The duration of the noise; 10.08. )20It ~ 8. Whether the noise is recurrent, intermittent / or constanL C. Refrigerator trucks shall be permitted to 9.20. ~0 Exceptions. ~ operate in any commercial or manufacturing zone _1~: chapter shall not apply to members~f the at all hours; provided, however, that such use does mi i~tu ~, or naval forces of the United Stah~s or not emit noise or vibration detrimentally impacting of ~e State Militia in obedience to la~ul neighboring residential properties and the o ers of duly constituted authority. (Pdllr occupants thereof between ten p.m. and seven § 10.08.030). a.m. For purposes of this section, noise measuring fifty decibels at the property line of ., residential property shall constitute a rebuttable Chapter 9.22 presumption of excessive noise. (Ord. 3254 § 1, 1989). NOISE 9.22.020 Noise during construction. Sections: A. Except as provided herein or in subsection 9.22.010 Noise generally. B or C of this section, it is unlawful for any 9.22.020 Noise during construction, person, firm or corporation to erect, demolish, 9.22.030 Reserved. alter or repair any building, or to grade or excavate land, streets or highways, other than between the 345 (Bakersfield 3-92) 9.~2.030--9.24.010 hours of six a.m. and nine p.m. on weekdays, and Chapter 9.24 between eight a.m. and nine p.m. on weekends; provided, however, that city crews and those of ~, , AMPLIFIED SOUND the city's contractors performing street work between nine p.m. and six a.m. are exempt ions: herefrom if the city engineer has directed that work 9 4.010 Definitions. be performed between such hours to alleviate Noncommercial usewRe potential traffic congestion, istration and informati n B. Notwithstanding any other provisions of required; this chapter, if the city manager determines that the 3 0 Noncommercial public health and safety will not be impaired by the istration statement a erection, demolition, alteration or repair of any ment. building or the excavating and grading of land, Noncommercial u: streets or highways between the hours of nine istration copies tnd dis- p.m. and six a.m., and if he further determines play. that loss or inconvenience would result to any 9.24.050 Noncommercial g. party in interest by virtue of the requirements ions for provided in subsection A, he may grant a permit 9.24.060 ~ommercial use--Pro- for such work to be done between the hours of bited. nine p.m. and six a.m., upon application being 9.24.070 ~plificati from aircraft made at the time the permit for the work is awarded or during the progress of the work. Such 9.24.080 Am sound from permit may be granted for a period not to exceed vehi~ three days,'and may be extended by the city 9.24.090 Rese: .d. manager for a period not to exceed three days. C. The provision of this section shall not 9.24.010 apply to any work of construction performed one For the purpose ol the following thousand feet or more from the nearest residential words and phrase., the meanings dwelling. (Ord. 3254 § 1, 1989). specified in A. "Central that portion 9.22.030 Reserved.* of the city defir as such by >ter 10.08 or -~ an} the city. B. ercial purpose" the use, operation or ~ aintenance of any equipment : for the of advertising any or any goods, merchandise or service or for the purpose c .g the attention or for or soliciting pau or to or for any pc show, exhibition or event, or an lottery *Editor's Note: Former Section 9.22.030, or raffle, or for the purpc e of Violation---Penalty, previously codified herein and g any such sound equipment. containing portions of Ordinance No. 3254 was "Noncommercial purpose" tse, repealed in its entirety by Ordinance No. 3432. maintenance of any (Bakersfield 3-92) 346 Alex Candia, Sr. 3500 Slate Court '' R[G'D & P[~C[DON F~[~ Bakersfield, CA 93313 834- 5963 Al COUNt, IL IJEETING OF November 22, 1997 Councilman Mark Salvaggio City Council 1501Truxtun Avenue Bakersfield, CA 93301 Dear Councilman Salvaggio: I recently spoke to you on the telephone regarding a noise problem in my neighborhood and you requested that I voice my concerns in writing. The following letter will provide you with the history of this problem for which I am seeking a resolution to. My name is Alex Candia, my wife's name is Denise. I have been employed with the Kern County Fire Department for 25 years, presently a captain at Lament Substation ~51. I have resided at 3500 Slate Court for 10 years. After living out-of-town and commuting for a few years, we decided to buy a home in Bakersfield. At that time, 1987, we chose a housing tract which we felt ~fered the Des% nouse for the money. The tract is located west of Wible Road, south of Pacheco Road, adjacent to the Crest Drive-in, and south- west of the Cai-crete brick manufacturing plantJ(which is the source of my complaint. We were concerned about potential noise problems from both the Crest Drive-in and Cai-Crete. We asked the sales agent, Mr. Larry Oliver, about this. He tbld us that the ar~ve-~n~s lease would be up in 3 years. When we specifically asked him if Cai-Crete was noisy, he replied "You can't hear anything." We went ahead with the purchase of our home and moved in. After we moved in, we noticed noises coming from the direction of Cai-Crete. At first we were not sure of the source because we made several weekend trips during the construction of our home and did not once hear the noise. It started as an inter-. mittent annoyance, but soon became an unbearable violation of our right to "quiet enjoyment." Councilman Mark Salvaggio November 22, 1997 Page Two The noise is grinding and rhythmic, followed by pulses of hissing sounds. Then there is a pause, and the noise begins all over again--ALL DAY! That is not the end of it. After a "batch" of bricks goes to the kiln, the fans operating the equipment emit a high-p~tch shrill sound that does not fluctuate. This, too, is unbearable and hard to block out. This high pitch is heard for 8 hours-- after 5:00 p.m.! At peak periods, we have been awoken at 5:00 a.m., and have had to endure this noise at times after 10:00 p.m. At times we are afforded a reprieve from this constant noise as the machine breaks down or business is slow, but the reprieve is short-lived. The lack of a consistent working schedule on Cai-Crete's part makes the whole situation particularly hard to endure. We have addressed this problem several times in the past to our representatives at the time, Mr. Kevin McDermott, and then Ms. Jacquie Sullivan. With Ms. Sullivan's help, an inspector came out and verified the problem. After waiting several weeks for his report, he finally told us that nothing could be done because there was no noise ordinance in Bakersfield. We asked about the possibility of a sound wall, but he told us it would have to be at least 30 feet tall in order to provide a barrier. As far as Cai-Crete's responsibility, it is our feeling that they are not willing to make any concessions because they told us their representatives attended the planning commission meet- ings for this tract and informed the Commission that they pro- duce a lot of noise. Nevertheless, the Commission approved a residential zone for our neighborhood. At this point, it seemed our only option was to move. We con- tacted~several real estate agents and they all told us the same thing. We would have to disclose the noise problem that we lived with and, consequently, our home was not worth much more than we paid for it ten years ago. Since our source for a do%rn payment on another home would be our equity, what we thought was our last option was now no longer available to us. With a feeling of hopelessness, no recourse, and being "stuck," we again decided to contact Cai-Crete to see if there Yas any new information. We were told that they would be relocating within three years. Based on this information, we thought i% would be safe to build an in-ground swimming pool and put up with the noise until Cai-Crete relocated. We went ahead and hired a contractor, but recently found out that Cai-Crete is now not sure if they are relocating or not. Councilman Mark Salvaggio November 22, 1997 Page Three Mr. Salvaggio, we are asking for your help in this regard. We are at our wits' end because we are not experiencing the quiet enjoyment of our property which we are rightfully entitled to. We would be grateful for any assistance or information you could give us in this regard. We would also be interested if we could have answers to the following questions: 1. Is it true there is no noise ordinance in Bakersfield? 2. How do businesses get away with such noise pollution in residential areas? 3. Why will the Bakersfield Police Department respond to a complaint of loud noise in the neighborhood but say they cannot do anything about industrial noise? 4. Was there an environmental impact study done for this area? 5. Did someone drop the ball and not do their job properly and do I have to suffer the consequences? Thank you very much for your time and consideration in this matter. I look forward to hearing from you. Res ~ fully, Alex Candia, Sr. / 3500 Slate Court Bakersfield, CA 93313 (h) 834-5963 (w) 845-1212 (Lamont fire station) A~hed is ~e ~omafion you re~ested reg~g ~e Cmcre~ Cement PI~t. "_..--- ..... .. cc: J~k.H~s~, Development Se~ces Director :" · MEMORANDUM March 6, 1996 TO: Jack Haxdisty, Development Services D~rector . :;i.:,~:,g:.~',~i~:~i FROM: Randy Fidler, Chief Code Enforcement Officer ~ SUBJECT: Inqu from Councilmember Sullivan regarding complaint received from resident at 3500 Slate Court regarding noise level of CalCrete Cement Plant During my investigation of the CalCrete Plant, I spoke with the general manager, Dwight Carleton, in an attempt to mediate and resolve the complaint from the above mentioned resident. I asked Mr. Carleton if something had changed in the operation of the plant that might have triggered the complaint. He told me that during the month of December they had a computer shutdown which stopped operations for four weeks and to get caught up they were working from 4:00 a.m. to 10:00 p.m. However, three weeks ago they returned to their regular hours of operation which are 6:00 a.m. to 4:30 p.m. Mr. Carleton explained the operation to me and also stated it has not changed. He showed me the machine that makes the most noise. There is a curing process which uses steam generators to cure the bricks which I could not hear over the traffic on Wible and Pacheco Roads; however, during the nighttime hours it is possible the noise could carry to the resident in question. The other machine is a mixing machine which stands about 25 to 30 feet above the housing tract and has been in operation for many years prior to the subdivision. This machine will be a real problem because there is no way of shielding the noise from the residents. Trees and block walls would not be feasible because of the height of the machine. This is a real dilemma because while the plant wishes to be a good neighbor, it must meet its business demands. The city has no means of enforcement for noise and if a noise ord',mance is adopted this business would be legal nonconforming. I recontacted Mrs. Canada and explained the dilemma. She vented her frustration to the point of mentioning a lawsuit. After speaking with her further, I asked if she had a solution to the problem. Mrs. Canada asked if the city would be willing to buy trees for her backyard. I stated I would take her request to the department head for consideration. RF:km cc: Alan Tandy, City Manager Dennis Fidler, Building Director Judy Skousen, City' Attorney Carl Hernandez, Deputy City Attorney~- Councilmember Sullivan m~calcrete.1 ME M ORA N D U M February 15, 1996 TO: Jack Hardisty, Development Services Director FROM: Randy Fidler, Chief Code Enforcement Officer SUBJECT: Inquiry from Councilmember Sullivan regarding complaint received from resident at 3500 Slate Court regarding noise level of CalCrete cement plant. Per your request I am investigating the above mentioned complaint. During my research I discovered there have been other complaints about this problem, not only with CalCrete but also with Kern Rock and oilwells down Pacheco Road. As you know, we do not have a noise ordinance. I do know you or one of your staff has been working with the attorney's office on drafting such an ordinance. We should try and get this ordinance on line as soon as possible. On February 15, 1996, I spoke with Alex Canada, the complainant, and found that I had worked with him on this same matter a few years back. At that time, I had gone to the plant and discovered they had installed vibrators on their mixing machines. I spoke with the manager of the plant who stated they would remove the vibrators and use air blowers instead which solved the problem at that time. Mr. Canada informed me his house is in the comer closest to the plant. He stated he has talked with the plant manager regarding the noise late at night and the manager said they would be quitting at 9:00 p.m. I have reviewed the 2010 Plan Noise Element Policies, which address the above mentioned location along with Kern Rock Company as industrial facilities stationary noise sources. Studies were done between 1985 and 1986. I also reviewed goals, policies and implementation (see attached copies). There is some confusion with the policies which I will discuss with Jim Eggen. We are in the process of borrowing a noise meter from the Convention Center to make some readings. Also, I am going to look into the possibility of having trees placed alongside the roadways to help with the noise level. I will visit with the plant manager to see if he has any suggestions or solutions to solve this problem, it is my understanding that we may have no leverage as we do not have a noise orainance for enforcement. RF:km cc: Alan Tandy, City Manager . Dennis Fidler, Building Director Jim Eggert, Principal Planner Councitmember Jacquie Sullivan m\calcret~ METROPOLITAN BAKERSFIELD GEN. ERAL PLAN CHAPTER VII NOISE This may be accomplished by mitigating noise conflicts where they presently exist and by minimizing future noise conflicts by the adoption of specific policies intended to achieve land use compatibility with respect to noise within the community. Appendix C provides a discussion of the effects of noise on people, tech- niques for noise control, and a model community noise ordinance. It is intenUed that this data serve as reference when reviewing documents which refer to the measurement and effects of noise within the community. OVERVIEW OF.EXISTING CONDITIONS MAJOR NOISE SOURC£S Based on discussions with government officials and the results of field studies by Brown-Buntin Associates (BBA), it was determined that there are four major sources of con~nunity noise within the study area. These sources are traffic on state highways and major local streets, railroad operations, airport operations and local industrial activities. Specific noise sources selected for study are listed below and their generalized locations are depicted in Figure VII-1. STATE HIGHWAYS - State Route 58 - State Route gg - State Route 119 - State Route 178 - State Route 184 - State Route 204 MAJOR LOCAL STREETS (See Appendix C) RAILROAD OPERATIONS - Atchison, Topeka and Santa Fe Railway (AT&SF) - Southern Pacific Transportation Company (SPTCo.) AIRPORT OPERATIONS - Kern County Airport (Meadows Field) - Bakersfield Airpark - Rio Bravo Airport INDUSTRIAL FACILITIES AND OTHER MAJOR STATIONARY NOISE SOURCES - Lake Ming Boat Races - Mesa Marin Raceway - AT&SF Classification Yard - SPTCo. Class-ification Yard - Kern Rock Company VII-2 CHAPTER VII NOISE - Calcrete - Coors Recycling Center - United States Cold Storage A combination of noise monitoring and analytical noise modeling techniques was used to develop generalized noise exposure contours around the major noise sources identified above for existing (1985 or 1986) and future (2010) conditions. Analytical noise modeling techniques generally make use of source-specific data including average levels of activity, hours of operation, seasonal fluctuations, and average levels of noise from source operations. Analytical methods have been developed for a number of environmental noise sources including roadways, railroad line operations, railroad yard operations, industrial plants and aircaft/airport operations. Such methods will produce reliable results as long as data inputs and assumptions are valid for the sources being studied. The analytical methods used in this report closely follow recommendations made by ONC, and were supplemented where appropriate by field-measured noise level data to account for local conditions. It should be noted that the noise exposure contours presented in this report are based upon annual average or in some cases maximum noise level conditions, and are not intended to be site-specific where local topography, vegetation or intervening structures may significantly affect noise exposure at a particular location. 1. Highways and Major Local Streets The Federal Highway Administration (FHWA) Highway Traffic Noise Prediction Model (FHWA-RD-77-108) was used to develop Community Noise Equivalent Level (CNEL) contours for state highways and major local streets within the study area. The FHWA Model is based upon reference energy emission levels for automobiles, medium trucks and heavy trucks, with consideration given to vehicle volume, speed, roadway configuration, distance to the receiver and the acoustical characteristics of the area surrounding the roadway. The FHWA Model was developed to predict hourly Leq values for free-flowing traffic-conditions, and is generally considered to be accurate within plus or minus 1.5 dB. To predict CNEL values, it is necessary to determine the hourly distribution of traffic for a typical 24-hour day and adjust the traffic volume input data to yield an equivalent hourly traffic volume. Traffic volumes and truck percentages for existing (1985-85) and future (2010) conditions on the state highways in the study area were obtained from Caltrans as summarized in Appendix C. Future projections of annual average daily traffic volumes on state highways are based upon a yearly growth factor of 3.6 percent which is the five-year average for 1979-1984 as published by Caltrans. Traffic volumes for existing and future condi- tions on major local streets were obtained from the City of Bakersfield and County of Kern Public Works Departments. ! VII-4 CHAPTER VII NOISE Many of the assumptions which were the basis for the 1986 contours ba~e not been realized. Daily operations are now estimated at 288 and~Jet training operations are an occasional rather than a continual ~haracteris- tic of the airport. The INM has also been updated to Version 3.8 which has been found to more accurately predict aircraft noise exposure. Based upon the above-described changes in airport operations, airport configuration and noise modeling methodologies, it is recommended that new CNEL contours be prepared for the airport. b. Bakersfield Airpark In February 1988, a noise impact study was conducted by consulting firm Peat Marwick for the Supplemental EIR of the Bakersfield Airpark Master Plan Update. The methodology used to derive the noise contours was the "FAA's Integrated Noise Model (INM) Version 3.9." Bakersfield Airpark is owned and operated by the City of Bakersfield. Current annual operations at the Airpark are approximately 50,000 includ- ing general aviation and commercial (crop duster) operations. The airport presently has a single runway (Runway 31-13). Under this existing airpark configuration, the area exposed to 65 dB CNEL and above is property owned and used exclusively by the Airpark. The noise contours for Year 2010 were base on a 16-34 runway (the 13-31 runway would be decommissioned) and the projected increase in the number and type of aircraft operations. The 2010 noise contours show the 7D and 75 dB CNEL contours on Airpark property. The 65 dB CNEL contour extends approximately 600 feet south of East White Lane. This area within the 65 dB CNEL is designated for industrial uses deemed compatible within airpark operations. c. Rio Bravo Airport Rio Bravo Airport, a privately-owned facility, is located adjacent to State Route 178 about 9 miles east of downtown Bakersfield. One runway, 26-8, is located at the airport. CNEL contours for 1982 and projected 1996 opera- tions at the airport were prepared by Brown-Buntin Associates in 1982, based upon data supplied by Nickle Enterprises. According to the airport owners, the data and assumptions that formed the basis of Brown-Buntin Associates' 1982 analysis have not changed significantly, indicating that a new analysis of noise impacts at the airport is not needed at this time. 4. Industrial Facilities and Other Stationary Noise Sources a. Calcrete The Calcrete plant is located near the intersection of Pacheco and Wible Roads. The plant manufactures lightweight concrete blocks 5-6 days per week between the hours of 7:00 a.m. and 4:00 p.m. Occasionally the plant operates a 12-hour shift which ends at 7:00 p.m. The most significant sources of noise associated with this operation are vibrators located in the sand and cement bins to keep materials moving through the system. VII-lO BAKERSFIELD PUBLIC WORKS DEPARTMENT MEMORANDUM TO: Alan Tandy, City Manager FROM' Raul Rojas, Public Works Director ~ DATE: January 8, 1998 SUBJECT: CONTINUED DECLINE IN WOOD FUEL MARKET The wood fuel market is continuing a predicted decline. In December, we were rationed from 8 down to 5 loads per day by the local wood fuel buyer. We are increasing the compost operation to absorb the remaining material, as reported last month. We are now being further rationed to 2 loads per day due to an increasing glut of wood fuel. In the short term, we will use the surplus material to cover the wastewater pond borders with woody mulch. When this is complete (in about one month), we will begin sending wood fuel to a more distant energy plant in Mendota, which will accept up to 3 loads per day. Unfortunately, the cost of trucking the extra distance (310 miles @ $1.00 per mile) will be more than the revenue for the fuel by about $46.00 per load. However, it will be necessary to use this outlet for woody material until our composting capacity is increased to handle more volume. RECEIVED KB:smp JAN - 9 1998 ,, t, G:\GROUPDAT~SOLIOWASTE\G WOODFUEL :Fi'y I'v~ANAGER'~ ,~.~zr:-,,'~c, -- -~- L~ I-.t~ ,~! BAKERSFIELD PUBLIC WORKS DEPARTMENT MEMORANDUM TO: ALAN TANDY, CITY MANAGER FROM: RAUL ROJAS, PUBLIC WORKS DIRECTOR ~"1/¢/.~.....~- DATE: JANUARY 7, 1998 SUBJECT: BUCKLED SIDEWALK IN FRONT OF 1323 "L" STREET We received correspondence from Mr. Walter E. Stewart, dated December 29, 1997 (see attached letter), regarding the condition of the sidewalk in front of his property. Mr. Stewart's correspondence makes reference to a previous letter sent to Public Works in November 27, 1995. We are unable to locate the November 1995 letter; however, we have responded to Mr. Stewart's recent concern. On January 6, 1998, the Street Superintendent (Luis Peralez) reviewed the condition of the sidewalk. The sidewalk is in a state of disrepair and is in need of reconstruction. The cause of the raised sidewalk cannot be determined. However, the deterioration of the concrete is due to age. Mr. Stewart was contacted (01/07/98) and informed that, in order to make the sidewalk safe for pedestrian travel, the Street Division will patch the sidewalk by January 9, 1998. However, it is only a temporary repair. Permanent repair of the sidewalk will be scheduled when we have an annual concrete repair contract in place. A target date for the permanent repairs is February 2, 1998. Mr. Stewart was satisfied with our response. Attach. Copy: Pamela A. McCarthy, City Clerk RECEIVED JA~ -'1' t998' G:\GROUPDAT~STREETS\STEWARD.LTR. wpd December 29, 1997 ~''~=~=~., ...>~: ~ ~~~ ~ : "' D£C .3 0 1997 Bakersfield City Council 1501 Trux~un Avenue' ENGINEERING OEPT. BaEersfield, Oalifo~ 93301 RE: BUCKLED SID~NALK Gentlemen: The older thinner sidewalk, in front of my' residence, buckled afte~ the newer thicker sidewalks were laid at both ends. Heating and cooling expansion and contraction have caused the enigma. No expansion Joint 'was installed. The newer side- walk, which fronts Michael P. Dolan's law office, abuts the south end of the sidewalk fronting my residence. It.is also beginning 'to push up (observe the curb). I "~ent a letter, November 27, 1995 (copy on file), to the Bakersfield Public Works Department in regard to the severely buckled and broken sidewalk fronting my residence. The city did not respond. I appeared, in person, June 26, 1997, 9:00 AM, at the Bakers- field .Public Works Department and discussed the buckled side- walk with a young city engineer. He said, "He would check into it." The city has not contacted me, and nothing has been done. Whereas I am in no way the cause of this problem, I ask anew: who is responsible for the repair of the city sidewalk in front of my property; and who is libel if a person stumbles, falls, and initiates legal action? Sincerely, Walter E. Stewart 1323 L Street Bakersfield, California 93301 Telephone 323-1721 cc: City Attorney City Manager ~ City Public Works .- Michael P. Dolan, 'Attorney at Law Copy on file