Loading...
HomeMy WebLinkAbout08/14/98 BAKERSFIELD CITY MANAGER'S OFFICE MEMORANDUM August 14, 1998 TO: HONORABLE MAYOR AND CITY COUNCIL FROM: ALAN TAND~~MAN~GER SUBJECT: GENERAL INFORMATION 1. Enclosed is correspondence we sent to the County opposing the formation of a Citizens Advisory Committee on annexation. Also enclosed is the most recent report by the County Administrative Officer regarding the formation of a Citizens Advisory Committee on annexation. His report includes the concerns expressed by us and other cities which he recommends simply be filed. None of the city concerns have been addressed in the second report. County staff recommendations remain the same as previously presented to the Board of Supervisors. The Mayor has drafted another letter to the Board subsequent to the meeting with the County Administrative Officer this week. Also included is a letter from the City of Taft. The Board of Supervisors will consider this matter at their meeting on August 18th. 2. An update on the July Activity Report from Recreation and Parks is provided for your information. 3. The latest activity report from the Development Services Department is enclosed. 4. This has been a major week for Centennial Garden announcements and activities including: a) A very successful job fair - good turnout - Ogden is pleased. b) Formalized announcement of Bill Cosby as the opening act. c) Announcement of three plays - The King and I, West Side Story and Fiddler on the Roof. Honorable Mayor and City Council August 14, 1998 Page 2 5. Enclosed is a memorandum from the Public Works Director proposing to prohibit directional boring of conduits within the City rights-of-way. 6. Progress Report No. 5 of the Wastewater Treatment Plant #2 - Expansion Project is provided for your information. 7. The July URM Activity Report from the Economic Development Department is enclosed. 8. Information regarding the 4th Annual Section 3 Workshop to be held on August 6 is attached. 9. Enclosed is a status update on Liberty Park. This issue will be discussed by the Urban Development Committee. AT:rg cc: Department Heads Pamela McCarthy, City Clerk Trudy Slater, Administrative Analyst BAKERSFIELD Alan Tandy · City Manager August 10, 1998 Mr. Scott Jones Administrative Officer County of Kern 1115 Truxtun Avenue Bakersfield, CA 93301 Dear Scott: This is in response to your recent letter regarding the formation of a Citizens Advisory Committee on annexation. Your letter indicated that you are interested in the City's concerns and questions regarding the proposal. However, it appears from recent information that you are proceeding with the formation of the Committee regardless of the City's concerns. As you have heard from several other cities, we feel that the Committee is completely unnecessary given the current rules and regulations governing annexation and the fact that the Board has almost no jurisdiction over the process. It would appear that the true purpose of the Committee is to provide yet another venue for those that oppose annexation to express their opposition. The City has annexed over 10,000 people in the last two years, with only a vocal handful in opposition. If the Board gives a voice to the minority of opposition, will they then provide a forum for the vast majority who have been very satisfied with the annexation process? The Board has so far dealt with this issue by giving credence to unsupportable negative comments about the City instead of focusing on the ongoing efforts of the City to revise and further refine the annexation process. The City Council recently adopted several changes to the annexation process that go over and above the requirements of State law. For example, the Council has mandated individually mailed notices to all property owners in an annexation and prohibited combining multiple areas into one annexation. In addition, they have directed staff to include meeting dates on our annexation hotline message, to expand the number of meetings held in an area and to hold an area forum on the Subject of annexation prior to filing with LAFCO. If there are any further suggestions that the Board wants to make to the City Council with regard to the process, I would suggest that this could be better accomplished at a staff level. I look forward to further discussion of these issues at our upcoming meeting. AT:s/d City of Bakersfield · City Manager's Office · 1501 Truxtun Avenue Bakersfield · California · 93301 (805) 326-3751 · Fax (805) 324-1850 1115 Truxtun Avenue, Fifth Floor · Bakersfield, CA 93301-4639' ~ SCOTT E. JONES lelephone 805-868-3198 ° FAX 805-868-3190 · 'FI-Y Relay 800-735-2929 County Administrative Officer August 18, 1998 Board of Supervisors Kern County Administrative Center 1115 Truxtun Avenue Bakersfield, CA 93301 REPORT ON CITIES CONCERNS - CITIZENS ADVISORY COMMITTEE ON ANNEXATIONS On July 28, 1998, your Board considered a report on the formation of a Citizens Advisory Committee on Annexations. Other matters related to annexations were also discussed within the report. Communications were received from several cities expressing concerns regarding the formation of the Committee and noting that the time to review the proposal was insufficient. As a result, your Board continued the matter to this date. The purpose of this letter is to report to your Board the results of the meetings with city staff. The July 28, 1998 report on the formation of a Citizens Advisory Committee is presented for consideration under separate cover. In response to the concerns expressed by many cities, meetings were scheduled with each city manager to further discuss the proposal and to determine the areas of concern. Additionally, the proposal was discussed at City Managers Association meeting. The primary issues identified through these discussions are as follows: · To varying degrees, the cities oppose the formation of a Citizens Advisory Committee on Annexations and do not see the need for such a Committee. · Cities, other than Bakersfield, have not experienced any problems with annexations and annexations primarily occur upon the request of the property owners. · The proposal establishes a permanent committee even though the Commission on Local Governance disbands in June 1999. · The neutrality of the Committee is suspect because of the functions of the Committee as originally proposed by the citizen advocates clearly intended that the Committee regulate and control the annexation process and the tone of the proposed functions is strongly negative toward cities. · If a Committee is to be established that reviews the annexation process, then it is only appropriate that cities be represented on the Committee as cities are the entities that perform the activities related to the annexation process. Board of Supervisors' Report on Cities Concerns - Citizens Advisory Committee on Annexations August 18, 1998 Page 2 · One of the Committee's purposes is to advise the Board on legislative proposals to change the annexation process and cities will not have any input into these proposals. Thus, the Board may move forward with legislative proposals that negatively affect cities. This action has the effect of the Board only representing unincorporated area residents when the Board represents all residents of the County. · If the Committee's membership does not include residents of incorporated areas, then city residents are not being effectively represented by the Board. · The annexation process is already very bureaucratic and the current process requirements are onerous for cities. The cities do not foresee that the proposed committee will reduce requirements and it is likely that additional procedures will be recommended by the committee. Additionally, on July 28, 1998, your Board directed the County Administrative Officer to coordinate with the City of Bakersfield to schedule an Intergovernmental Relations Committee meeting sooner than the now scheduled September 3, 1998 meeting. Attempts to schedule this meeting were unsuccessful. IT IS RECOMMENDED that your Board receive and file this report. Sincerely, County Administrative Officer SEJ / ACK/cities / advcomm/cityconc cc: All Cities in Kern County Local Agency Formation Commission 1115 Truxtun Avenue,, FiftH' Floor · Bakersfield,' , CA 93301 --4639 ,., ~ SCOTT E.. JONES Telephone 805-868-3198 ° FAX 805-868-3190 ° ~ Relay 800-735-2929 . ~~]~ County Administrative Officer August 18, 1998 Board of Supervisors Kern County Administrative Center 1115 Truxtun Avenue Bakersfield, CA 93301 REPORT ON FORMATION OF CITIZENS ADVISORY COMMITTEE AND RELATED ANNEXATION MATTERS This report was initially presented for consideration on July 28, 1998, in response to your Board's July 7,1998 referrals on annexation issues. This matter was continued to this date to provide cities sufficient time to review and comment on the proposed formation of a Citizens Advisory Committee on Annexations. This report is identical to that presented on July 28, 1998. The comments received from city staff through discussion and written materials are provided to your Board under separate cover. BACKGROUND In response to citizen concerns regarding the annexation process, particularly the notification process, your Board has made a number of referrals to County Counsel and the County Administrative Office. Referrals regarding annexation matters were made to County Counsel on March 10, 1998, and to the County Administrative Office on April 28,1998. Additional referrals to the County Administrative Office were made on May 19, 1998, and referrals to County Counsel, the Administrative Office, and the Auditor-Controller-County Clerk were made on July 7, 1998. On April 7, 1998, County Counsel presented a report that addressed the legal and procedural inquiries of the Board with regard to annexations and responded to the Board's request to pursue legislative changes. Within this report, County Counsel advised that the Commission on Local Governance will conduct hearings for a report to the Legislature and the Governor on or before June 30, 1999, and that annexation process issues are within the jurisdiction of this Commission. At that time, it was noted that the County Administrative Office would coordinate the County's participation in these hearings, as well as develop proposals for modifications to the statutes governing the annexation process. On May 19, 1998, the County Administrative Office presented a report to your Board detailing the County's actions to date in response to citizen complaints regarding the annexation process, and provided recommendations regarding the formation of a Citizens Advisory Committee on Annexations. At that time, your Board referred the April 28, 1998 proposal to form this Advisory Committee to the Intergovernmental Relations Committee for discussion at its next regularly scheduled meeting. That meeting was canceled when the City of Bakersfield informed the County that a quorum of the Committee would not be achieved. As reported to your Board on July 7, 1998, efforts to reschedule this meeting resulted in no meeting date of the committee being set sooner than September 3, 1998, a regularly scheduled meeting. On July 7,1998, your Board referred to County Counsel and the County Administrative Office the matter of seeking legislative changes to the annexation process. Also referred on that date was the issue of the Board of Supervisors Report on Formation of Citizens Advisory Committee on Annexations and Related Matters August 18, 1998 Page 2 accuracy of the voter registration roll and how the inclusion of persons no longer residing in an area proposed for annexation affects the annexation protest process and outcome. This matter was referred to the County Administrative Office and the Auditor-Controller-County Clerk. VOTER REGISTRATION ROLL The current statutes specify the process and requirements for protesting an annexation, as well as the effect and value of written protest letters and petitions. For annexation of inhabited area, the effect of written protests are as follows: · If at least 25%, but less than 50%, of the registered voters in the territory file a written protest, an election on the matter must be held; OR · If at least 25% of the number of landowners who also own at least 25% of the assessed value of the land file a written protest, an election on the matter must also be held. · If the majority of the registered voters in the area proposed for annexation file a written protest to the annexation, the annexation proceeding is terminated. · If less than 25% of the registered voters OR if less than 25% of the landowners owning less than 25% of the assessed value file a written protest, the annexation must be ordered by the conducting authority, generally the city council. As provided above, the number of registered voters within an area proposed for annexation can affect the value of the written protests by other registered voters. If the voter registration roll contains the names of people not currently residing in the area for whatever reason, the number of written protests from registered voters living in the area that are required to obtain the 25% threshold to force an election will be greater. It will also be far more difficult to terminate an annexation by ensuring that over 50% of the registered voters officially and timely protest the annexation. The criteria for landowner protest are nearly identical to that of the registered voter criteria. Landowner protest of at least 25% of the number of landowners (with 25% of the assessed valuation) will force an election on the issue of the annexation. The annexation will then be terminated if the majority of the voters voting on the issue oppose the annexation. In this case, the election results do not hinge on the number of registered voters living in an area, and the effect of "non-resident" names on the voter registration roll is nullified. Nonetheless, the quality of the voter registration roll plays an important role in the number of iterations a citizen must go through to effectively protest an annexation. A report on the process and procedures for purging voter registration rolls was brought back to your Board by the Auditor-Controller-County Clerk on July 28, 1998. Board .of Supervisors Report on Formation of Citizens Advisory Committee on Annexations and Related Matters August 18, 1998 Page 3 CITIZENS ADVISORY COMMITTEE Due to the inability to timely schedule an Intergovernmental Relations Committee meeting, on July 7, 1998, your Board directed the County Administrative Office to recommend an appointment process for a Citizens Advisory Committee on Annexations that ensures Countywide representation. Membership options and a proposed statement of the purpose and role of the Committee are presented below. Purpose and Role: Citizens advocating for the formation of the advisory committee have also prepared a listing of proposed activities for and authority of the Committee, as highlighted below: · Approve all changes, amendments, etc. to a city's annexation process. · Develop handouts and distribute informational materials regarding the effect of an annexation on citizens. · Receive all city files and documents through each stage of the annexation process including survey materials and results, and attendance list and names of host(ess) for city informational meetings. · Receive all information regarding all calls and substance of calls via the backup tapes of the 85- UNITE line (City of Bakersfield's annexation hot line). · Receive early notificafion of planned hearing dates, and any proposed changes in the hearing dates. · Pursue legislative changes regarding annexation process and procedures. · Provide information to citizens concerning the annexation process. · Require cities to use a standard "notice" form approved by the Committee, and require that notices not be sent "bulk mail" but be individually addressed. The County does not have the statutory power to require a city to adhere to any standard or requirement that may be developed by the Committee. By extension, any Committee appointed by the Board is advisory to the Board only and also does/will not have the power to impose requirements on a city. Additionally, neither the County nor the Committee has the power to compel a City to produce any documents, tapes, records or other materials that are not already available to the public. Thus, it is proposed that the purpose and role of the Committee be as follows: · Identify annexation process issues, propose legislative modifications to address these issues, and advise the Board of same; · Formulate and coordinate written and oral testimony for members of the public to present to the Commission on Local Governance; and Board of Supervisors Report on Formation of Citizens Advisory Committee on Annexations and Related Matters August 18, 1998 Page 4 · Create information materials for distribution to citizens affected by an annexation. Such materials are to be fact-based and balanced, composed in a manner that does not convey a position of support for or opposition to annexation. The creation of the Citizens Advisory Committee on Annexations can be an important step in developing legislative proposals to address concerns regarding the annexation process and in providing needed information to citizens affected by an annexation proposal. Composition and Terms: Membership and term options presented for consideration are: Option A (13 Members): · Two members from each supervisorial district, appointed by each member of the Board of Supervisors. Terms to run consecutive with the term of the appointing supervisor. · Three at-large members nominated by any Board member and confirmed by the Board. The terms of the at-large members are two years. Option B (7 Members): · One member from each supervisorial district, appointed by each member of the Board of Supervisors. Terms to run consecutive with the term of the appointing supervisor. · Two at-large members nominated by any Board member and confirmed by the Board. The terms of the at-large members are two years. Other Alternatives: Additional options for consideration are: · Inclusion of the Executive Officer of the Local Agency Formation Commission as an ex officio member. · Setting the terms of all members at two year rotating terms (one-half of the initial membership would be appointed for one year only). The Board may also wish to consider the appointment of only one member from each supervisorial district with no at-large members. However, the work that may be required of this Committee might be too extensive to be accomplished by a limited number of members who have time constraints due to employment and other commitments. The Committee will likely have only six months to prepare to address the Commission on Local Governance. The option of including the Executive Officer of the Local Agency Formation Commission is presented for consideration due to this Commission's role in the annexation process and its ability to create standards and policies regarding certain aspects of the annexation process. Board of Supervisors Report on Formation of Citizens Advisory Committee on Annexations and Related Matters August 18, 1998 Page 5 LEGISLATIVE PROPOSALS Government Code section 56302 provides for the creation of the Commission on Local Governance effective January 1,1998. The Commission is to consist of 15 members, nine appointed by the Governor, three members appointed by the Assembly Committee on Rules, and three members appointed by the Senate Committee on Rules. Both the Assembly and Senate Committees on Rules have made their appointments. As of this writing, the Governor was scheduled to announce his appointments on July 13, 1998. The Governor's Office of Planning and Research will provide administrative support to the Commission. In creating this Commission the Legislature noted: "The sustained interest in incorporating new cities, resistance to city annexations, problems in financing local agency facilities and services, and proposals to detach territory from existing cities demonstrate the need,for the Legislature and the Governor to reevaluate the statutory policies and procedures that have guided California's communities for nearly 35 years. Therefore, the Legislature finds and declares the necessity for commissioning a careful study of local agency organization and boundaries...' The Commission is required to report to the Legislature and the Governor by June 30,1999, on all of the following: · A review of the current statutes...regarding the policies, criteria, procedures, and precedents for city, county, and special district boundary changes. · Proposals to add criteria to increase citizen and community participation in city, county, and special district governments. · Recommendations for statutory changes. The Commission is required to conduct public meetings to solicit the views and advice of the public, including elected and appointed officials, regarding city, county, and special district organizations and boundaries. Understandably, the date of June 30,1999, can seem to be distant and may not provide citizens with the immediate remedies desired. However, it must also be noted that should Kern County sponsor legislation for consideration in the next legislative session, the effective date of the legislation, unless denoted as an urgency statute, would be January 1, 2000. Further, while Kern County may sponsor legislative proposals to modify the current annexation process and impose additional requirements on agencies contemplating annexation, it is likely that any such proposals will be referred to the Commission for consideration of inclusion in its final report. By creating the Commission, the Legislature has clearly stated its willingness to consider and support legislative changes to the annexation process pursuant to the final report and recommendations of the Board of Supervisors Report on Formation of Citizens Advisory Committee on Annexations and Related Matters August 18, 1998 Page 6 Commission. At this juncture, it appears that the access afforded by the Commission will present Kern County and its citizens with significant opportunity to provide written testimony and offer recommendations for legislative revisions. As previously noted, the work of the Citizens Advisory Committee on Annexations will serve Kern County well by advising the Board on the types of legislative modifications that are desirable from a citizen's perspective. From the onset, it appears that the notification process and requirements, as well as the inclusion of the ability for 50% land owner protest to terminate an annexation proceeding, and/or to modify the protest requirement to a positive vote requirement, are items that the Advisory Committee would like to see addressed in any legislative proposals. Kern County has been placed On the Commission's mailing list and will be notified of its meetings and activities. It is proposed that your Board authorize the Chairman to sign a letter to the Commission requesting that it conduct a public hearing in Bakersfield. PUBLIC INFORMATION ON ANNEXATION PROCESS Current Publications: The County currently publishes two documents providing information on the annexation process. The first, a small brochure, provides basic information about annexations. The information provided in this brochure is limited and appears to stimulate more questions than it answers. As a result, it is recommended that publication of this brochure be discontinued. The County also publishes a Citizen's Guide to Annexations that contains much more detailed information. In response to citizen's comments, County staff undertook a review of this document and determined that the document is likely confusing to those with no knowledge of government processes, and it includes information that holds little interest to its primary readers. As a result, the document has been reformatted and revised to limit information to that related to annexation of inhabited areas by cities. Eliminated from the Guide are the process and requirements for annexation of uninhabited areas (12 or less registered voters), improvement districts, special districts, etc. As the process and requirements for protesting an annexation are of particular interest to citizens, the Guide has been also been 'revised to include a section that addresses protest hearings and the requirements under the current statute for protesting an annexation. Included in the Guide are sample protest letters for both landowners and registered voters. A copy of the revised Citizen's Guide to Annexations by Cities is attached for your Board's information. Proposed In. formational Outlets: Several County-operated media outlets, as highlighted below, are proposed to be used to provide annexation information to citizens: · Use the Info Kern programming segment of KGOV to televise information concerning the annexation process and to post notices of LAFCO hearings and city protest hearings on annexations of inhabited areas. · Post all or a portion of the Citizen's Guide to Annexations on the County's website. Board of Supervisors Report on Formation of Citizens Advisory Committee on Annexations and Related Matters August 18, 1998 Page 7 · Soon the County will have the capability of providing citizens access to videos via the County's website. At that time, it is proposed that a 3-4 minute video concerning the annexation process be created and made available to Internet users. · Copies of the annexation video will be available for check-out through the County's library system. SUMMARY OF RECOMMENDATIONS Over the past few months, many issues concerning the annexation process have surfaced. The recommendations within this report and previous reports on annexation matters respond to issues identified by the Board and members of the public. The formation of a Citizens Advisory Committee on Annexations with membership representing all areas of the County is recommended. The Committee's proposed purpose is to advise the Board on legislative proposals to amend the existing statute regarding the annexation process, to formulate and coordinate testimony for presentation to the Commission on Local Governance by members of the public, and to prepare and disseminate information materials for citizens potentially affected by an annexation proposal. It is also recommended that the Board authorize the Chairman to sign a letter to the Commission on Local Governance requesting that a public hearing of the Commission be held in Bakersfield. Further, this report provides an outline of proposals to use the Internet and KGOV venues to provide information to citizens on the current annexation process and notification of LAFCO hearings and city council protest hearings on annexations. Therefore, IT IS RECOMMENDED that your Board 1) approve the proposed purpose and role of the Committee; 2) establish the membership composition and terms for a Citizens Advisory Committee on Annexations; 3) authorize the Chairman to sign the attached correspondence to the Commission on Local Governance requesting that a public hearing of that body be conducted in Bakersfield; 4) direct the General Services Division to initiate actions to broadcast information on the annexation process and notices of LAFCO hearing and city council annexation protest hearings in the Info Kern segment of KGOV programming; and 5) direct the General Services Division to place the Citizens Guide to Annexation by Cities on the County's Internet web page and commence actions to create a video on annexations to be accessed via the County's web page and through the library system. Sincerely, Scott E. Ion County Administrative Officer SEJ/ACK/dk/cities/advcomm/strptbos cc: County Counsel Auditor-Controller-County Clerk Local Agency Formation Commission All Cities in Kern County Barbara Fowler Becky Kaiser Stuart Baugher BOARD OF SUPERVISORS SUE D SUPERVISORS Jon McQuiston ................ District 1 Kern County Administrative Steve A. Perez ................. District 2 1115 Tmxtun Avenue, 5th Barbara Patrick ............... District 3 Bakersfield, California 9 Kenneth W. Peterson ......District 4 Telephone 805-868._- Pete H. Parra ................... District 5 TTY Relay 800-735-2 july 28, 1998 Commission on Local Governance Governor's Office of Planning and Research Ms. Dara Wheeler 1400 l0s Street, Suite 156 Sacramento, CA 95814 Dear Ms. Wheeler: It is my understanding that the Governor's Office of Planning and Research will organize the activities of the Commission on Local Governance. The Kern County Board of Supervisors would like to request that the Commission hold a public hearing in Kern County at Bakersfield as part of its official proceedings. The purpose of the hearing would be to gather the views of citizens and local officials regarding the annexation process. Many local citizens have expressed serious concerns regarding a number of annexation issues including notification and protest thresholds and procedures. The Commission is the body most suited to receive their views and best positioned to advocate legislative solutions. Our Board would greatly appreciate the Commission's consideration of this request. Sincerely, Pete H. Parra, Chairman Kern County Board of Supervisors PHP\ADK\dk\locgov.0pr COUNTY OF KERN A Citizen's Guide to Annexations by Cities KERN COUNTY AD~KN~STRATnrE OFFICE JULY 1998 · COUNTY OF KERN A CITIZEN'S GUIDE TO ANNEXATIONS BY CITIES INTRODUCTION .............................................................. i GLOSSARY OF TERMS ........................................................ 1 OUTLINE OF ANNEXATION PROCESS ........................................... 2 APPLICATION FOR ANNEXATION .............................................. 3 LAFCO PROCEEDINGS ........................................................ 3 Application Review ........................................................ 3 Notice of Filing .......................................................... 3 Public Hearing .......... : ........................................... . .....3 Determination of Commission ............................................... 4 Adoption of Resolution .................................................... 4 CONDUCTING AUTHORITY (C1TY COUNCIL) PROCEEDINGS ...................... 4 Notice of Public Protest Hearing ............................................. 4 Written Protests .......................................................... 4 ~ Adoption of Resolution .................................... · ........../ ......5 COMPLETION AND EFFECTIVE DATES ......................................... 5 PROTESTING AN ANNEXATION ................................................ 6 Hearing Notices .......................................................... 6 Effect of Written Protests ................................................... 6 Filing a Protest Letter or Petition ............................................. 7 SAMPLE LETTER - LANDOWNER PROTEST . . , ................................... 9 SAMPLE LETTER - REGISTERED VOTER PROTEST .............................. 10 ATTACHMENT - KESOLUTION OF THE BOARD OF SUPERVISORS REGARDING COUNTY'S ANNEXATION POLICY ............................................. I 1 COUNTY OF KERN A CITIZEN'S GUIDE TO ANNEXATIONS BY CITIES INTRODUCTION There are many types of jurisdictional changes--annexation, detachment, consolidation, dissolution, etc. This document provides a broad overview of the process for annexing an inhabited area to a city when a city has initiated the annexation. The requirements for all jurisdictional changes are specified by the Cortese-Knox Local Government Reorganization Act of 1985, commencing with Government Code Section 56000. The Act is adrmnistered and enforced by the Local Agency Formation Commission (LAFCO or Commission) through its approval and denial authority. Although many time frames are specified throughout the Act (and noted in this document), pursuant to Section 56106 most of the time frames are not mandatory.. In Kern County, the Commissiov, is composed of two members from city councils, two members from the County Board of Supervisors. and one public member (§ 56325). An Executive Officer, appointed by the Commission, and a small staff provide the administrative support needed by the Commission. Among the purposes of LAFCO are the discouragement of urban sprawl and 'the encouragement of the orderly formation and development of local government entities based upon local conditions and circumstances (§ 56301). The Commission regulates, through approval and denial, the boundary changes proposed by other public agencies or individuals. In reviewing proposals for boundary. changes, the Commission is required to consider certain factors such as the conformity between city and county plans, current service levels and the need for future services to the area, and the social, physical, and economic effects that agency boundary changes present to the community (§ 56841). Persons affected by an annexation have the opportunity to testify and express their views at two public hearings. One hearing is before the Commission, the other before the city council of the annexing city. Written materials may be submitted to both of these entities and oral testimony is received at these public hearings. Only the public hearing conducted by the city council is a "protest hearing" where landowner and registered voters' written protests are counted. A section addressing the process for protesting an annexation is included in the back of this document as are sample protest letters. In addition to the overview of the annexation process, this document also includes a glossary of terms commonly used in procedures for jurisdictional changes and a copy of the Kern County Board of Supervisors' policy resolution regarding annexations. All code sections in this document reference the Government Code unless otherwise stated. COUNTY OF KERN A CITIZEN'S GUIDE TO ANNEXATIONS BY CITIES GLOSSARY OF TERMS Annexation: A process whereby territory is incorporated into a city. CEQA: California Environmental Quality Act (Public Resources Code § 21000 et seq) Chief Petitioners: Those persons so designated on a petition or resolution for organizational change, to a maximum of three. Conducting Authority: The entity or agency responsible for conducting the protest hearing for an organizational change, generally the entity proposing the change. Detachment: A process whereby territory is removed from a city. EIR: An Environmental Impact Report (EIR) is required under CEQA after an initial study reveals that significant environmental impacts may occur due to a project. Governing Body: The governing board or commission or a local agency, either elected by the voters or appointed by a parent governing body. Inhabited Territory: Territory within which 12 or more registered voters reside. L,~::CO: The Local Agency Formation Commission, a governing body that is responsible for ensuring the laws related to organizational changes are followed, and is responsible for making determinations regarding services provision, land use compatibility, boundaries, and other such issues when organizational changes are proposed. Lead Agency: The agency responsible for preparing an environmental document per CEQA Local Agency: Any local governmental entity--city, county, special district, agency--created by State law. Negative Declaration: If a project under CEQA is determined to have no significant impact on the environment, a Negative Declaration is filed. A jurisdictional boundary change is considered a "project" under CEQA. Protest Hearing: A hearing held by the conducting authority, generally the city council, where citizens have their only opportunity to officially protest annexation to a city. Reorganization: Alteration to the boundaries of a city, county, special district, county service area or sphere of influence. Responsible Agency: An agency responsible for reviewing and commenting on completed environmental document per CEQA. COUNTY OF KERN A CITIZEN'S GUIDE TO ANNEXATIONS BY CITIES OUTLINE OF TYPICAL ANNEXATION PROCESS 1. City Council passes a Resolution of Application and files the application with the Local Agency Formation Commission. 2. The City and the County determine a property tax exchange. 3. The Local Agency Formation Commission reviews the application documents and the resolutions effecting the property tax exchange and, if all is in order, issues a Notice of Filing. 4. The Local Agency Formation Commission conducts a public hearing. Written and oral testimony is received at the hearing. The Commission adopts a Resolution Making Determinations either approving, denying, or modifying the annexation proposal. 5. The City Council conducts a public hearing, the "protest hearing". Written and oral testimony is received at the hearing. Depending on the number of written protests received from landowners and/or registered voters, the Council either orders the annexation, orders the annexation subject to an election, or terminates the annexation. 6. If the annexation is ordered by the City Council, the Local Agency Formation Commission issues a Certificate of Completion after receipt and review of the required documents. COUNTY OF KERN A CITIZEN'S GUIDE TO ANNEXATIONS BY CITIES APPLICATION FOR ANNEXATION The annexation process begins when a city council passes a resolution of application to annex certain territory,. The application is filed with LAFCO, along with the certified resolution for annexation. By statute, the resolution must include certain language and be accompanied by prescribed documentation, iuch as a statement as to the reason for the proposal, a description of how services will be provided to the area proposed for annexation, a legal description of the property, various maps, and California Environmental Quality Act compliance documentation (§ 56652). Resolution for Transfer of Provertv Taxes: When a city annexes territory., the county will transfer a share of its property tax entitlement to that city in consideration of the service responsibility being transferred. In Kern County, most of the cities within the County have entered into Memorandums of Understanding with the County for the transfer of property taxes upon annexation of most types of territou. Without these agreements, the annexing city and the County would be required to negotiate a transfer of property taxes for each proposed annexation within the 60 day time frame prescribed by State law. If a city. and county cannot agree on the amount of property taxes to be exchanged, other provisions of the law must be followed (Revenue and Taxation Code {} 99). LAFCO PROCEEDINGS Application Review: The Executive Officer of LAFCO reviews the application package and, within 30 days, determines if the petition/resolution meets the legal requirements, the project's requirements under CEQA, evidence that a satisfactory exchange of property tax has taken place within the time. prescribed by law, and whether the application package is complete (§ 56828). Notice of Filing: If all of the documents are in order, the Executive Officer issues a Notice of Filing and within 90 days sets a date for a public hearing of the Commission where the annexation proposal will be considered ({} 56828). Public Hearing: The public hearing of the Commission is noticed in the newspaper and PoSted near the door of the hearing room. Additionally, notices are ma/led to each affected agency, the chief petitioners, any person requesting special notice, and each city within three m/les ({} 56834). COUNTY OF KERN A CITIZEN'S GUIDE TO ANNEXATIONS BY CITIES Determination of Commission_: At the Commission's public hearing, which can be continued for up to 70 days (§ 56840), the Commission considers the recommendations of the Executive Officer on a number of factors and policies, among which are current and future population and density, current and proposed land uses and potential incompatibilities With adjacent properties, current and future needs for public services and the adequacy and cost of those services currently, conformity with the Commission's policies and standards, and other provisions of law (§ 56841). At this public hearing, the Commission also receives oral and written comments from citizens and other public agencies. Materials may also be filed with the Executive Officer' prior to the public hearing (§ 56840 (b)). Adoption of Resolution Making Determinations Within 35 days from the hearing, the Commission must adopt a resolution making determinations either approving, denying, or modifying the annexation proposal ({} 5685 I). The Comrr. dssion may also include specific terms and conditions in the resolution (§ 568'44.). Additionally, the Commission designates a "conducting authority", almost always the city council in the case of a city annexation. The Commission may authorize proceedings to conclude without any further notice, hearing, or election if there is 100% consent of the landowners. CONDUCTING AUTHORITY (CITY COUNCIL) PROCEEDINGS Notice of Public Protest Hearing: The City Clerk sets the annexation proposal for public hearing within 35 days of the Commission's resolution date and gives notice at least 15 days in advance of the hearing (§ 57002). This public hearing is commonly referred to as a "protest hearing". Notices are mailed to each affected agency, the LAFCO Executive Officer, chief petitioners, and persons requesting special notice. Additionally, the hearing notice is published in a newspaper of general circulation and is required to be posted. The hearing notice is only required to be published once per Section 6061. Written Protests: Any written protests must be filed with the city clerk prior to the conclusion of the hearing. Refer to the section entitled "Protesting an Annexation" for requirements and additional information. COUNTY OF KERN A CITIZEN'S GUIDE TO ANNEXATIONS BY CITIES Adoption of Resolution: Pursuant to Government Code § 57075, for inhabited territory the city council adopts a resolution doing one of the following: 1. Ordering the annexation if less than 25% of the registered voters OR if less than 25% of the landowners owning less than 25% of the assessed value file written protests. 2. Ordering the annexation subject to an election if at least 25% but less than 50% of the registered voters file a written protest OR if at least 25% of the number of owners of land who also own at least 25% of the assessed value of the land file a written protest. 3. Terminating the proceeding if a written protest is received from a majority of the registered voters in the inhabited territory. If a proposal is terminated, the same proposal cannot be submitted to LAFCO before one year from the date of adoption of the conducting authority's resolution ({} 57179). COMPLETION AND EFFECTIVE DATES A certified copy of the conducting authority's (city council's) resolution is filed with LAFCO. The Executive Officer determines whether the conducting authority's resolution complies with the conditions imposed by the Commission and, if so, issues a Certificate of Completion. The Certificate of Completion is forwarded to the affected agencies, recorded with the County Clerk, and a statement of boundary change or creation is issued by the Executive Officer and filed with the State Board of Equalization and the County Assessor. A notice is also given to the Secretary of State. Additionally, property tax transfer resolutions, if any, are forwarded to the County Auditor to effect the property tax .transfer (§§ 57200 - 57204). The affected agencies :recognize the completion of the jurisdictional change (annexation) and the appropriate transfer of responsibilities such as police protection, building inspection, animal control, and planning are assumed by the annexing entity. COUNTY OF KERN A CITIZEN'S GUIDE TO ANNEXATIONS BY CITIES PROTESTING AN ANNEXATION Citizens affected by an annexation have two opportunities to protest the annexation. The first opportunity is the public hearing conducted by the Local Agency Formation Commission. The second is the public hearing conducted by the city proposing the annexation, commonly referred to as a "protest hearing". Under the law, this protest hearing is the ONLY. opportunity where citizens affected by an annexation have the right to file a written protest with the annexing city and have that protest counted to determine whether the annexation will occur. Hearing Notices · An annexing city is only required to publish a notice of a protest hearing once in a newspaper of general circulation. · The notice of hearing is also required to be posted in a public place, for example, the bulletin board near the meeting place. · In the case of a proposed annexation consisting of 75 acres or less, the city clerk is required to mail a hearing notice to each landowner (§ 57025 (c)). · Citizens affected by an annexation may request that a special hearing notice be mailed to them. The request must be sent to the city clerk of the annexing city. EffeCt of Written Protests · If at least 25% but less than 50% of the registered voters in the territory file a written protest, an election on the matter must be held. · If at least 25% of the number of owners of land who also own at least 25% of the assessed Value of the land file a written protest, an election on the matter must be heldl · If the majority of the registered voters in the area proposed for annexation file a written protest to the annexation, the annexation proceeding is terminated. 6 COUNTY OF KERN A CITIZEN'S GUIDE TO ANNEXATIONS BY CITIES · If less than 25% of the registered voters OR if less than 25% of the landowners owning less than 25% of the assessed value file a written protest, the annexation moves forward. Filing a Protest Letter or Petition · To be officially counted, a protest letter or petition must be filed with the city clerk of the annexing city a.fter publication of the hearing notice, but before the conclusion of the hearing (§ 57051). · Each land owner and each registered voter in an area proposed for annexation is eligible to protest an annexation. This means that an individual that is both a registered voter and a property owner may file a protest under each designation. If property is owned by more than one person, each owner is eligible to file a protest. · If property is owned in joint tenancy or tenancy in common, and only one of the owners of the property files a protest, then only that individual's proportionate share in the value of the property will be considered in valuing the protest (§ 57052 and § 56710 (b)). · Since the name on each protest letter is matched against the voter registration roll and/or the assessment (property tax) roll idepending on the source of the protest), the name on the protest · letter must exactly match the name on each of these rolls. For example, if the protest letter is signed "John E. Doe", but the individual owns property in the name "Jonathan Edward Doe ", some cities may choose not to count that property owner's protest letter. Similarly, if the protest letter is signed "John E. Doe ", but the individual is registered to vote as "Jonathan Doe", the protest letter cannot be counted by law (§ 57051). · In all cases, a protest letter or petition must: 1. Be addressed to the City Clerk of the annexing city. 2. State whether the protest is being made by a landowner or a registered voter. 3. State the name and address of the owner of the land, Or the name and address of the registered voter as it appears on the affidavit of registration. If the address of the COUNTY OF KERN A CITIZEN'S GUIDE TO ANNEXATIONS BY CITIES landowner is different than the affected property location or address, this information must also be included. 4. Be signed and dated. The date of the signature must be a date after the publication of the notice of hearing. 5. The protest letter must be filed before the conclusion of the hearing. Note: This document is intended to only provide a broad, general overview of the proceedings related to annexations initiated by a city and may not be interpreted or construed to be complete, conclusive, or as legal advice. Specific and complete requirements as well as additional references to applicable State law may be obtained from LAFCO, 2700 "M" Street, Bakersfield, CA 93301. However, specific legal advice should be sought from an attorney. SAMPLE LETTER ONLY- LANDOWNER PROTEST Name Street Address City, State ZIP Date City Cleric, City of Street Address City, State ZIP Re: LANDOWNER PROTEST City of Annexation # ; LA.FCC) Proceeding # The purpose of this letter is to express my opposition for the above entitled annexation. I am the owner of the property located at , City, CA; parcel number __ Signed: Date of Signature: .Printed Name: (As it appears on the property tax bill) 9 SAMPLE LETTER ONLY- REGISTERED VOTER PROTEST Name Street Address City, State ZIP Date City Clerk, City of Street Address City, State ZIP Re: REGISTERED VOTER PROTEST City of Annexation # ; LAFCO Proceeding # The purpose of this letter is to express my opposition for the above entitled annexation. I am a registered voter in the area proposed for annexation. I reside at , City, CA. Signed:- Date of Signature: Printed Name: (As it appears on voter registration) 10 BEFORE THE BOARD OF SUPERVISORS COUNTY OF KERN. STATE OF CAIAYOR1VIA In thc matter of: Resolution No. Reference No. 961 ANNEXATION OF UNINCORPORATED TER.Rfl~RY TO AN INCORPORATED CITY I. SUE DAVIS. Clerk of the Board of Supervisors of the County of Kern. State of Caltfor~tm. do hereby certify that the following re~olutton, proposed by Supe~i~or Shell , seconded by Supervisor Perez , w~s duly pa~ed and adopted by ~id Board of Supervisors at an oflScial meeting hereof this 28th day o~ by the following vote, to wit NOES: NONE s~z DAV~S. C,er, of the m~rd of Supervtsor~ ~--~ ABSENT: NONE - Depu~' Clerk /~ RESOLUTION Sec~on 1. W'HERF_AS: (a} The Kern Counvf Board of Supervisors strongly beI~eves that the people affected by an annexation proposal are the best ones to determine the needs of their community and whether annexaUon best meets the needs o£ their community: and The C~vernment Code provides that if over 50% of the people affected by an annexation propose oppose the annexation, and properly protest the acC[on, the annexat/on cannot occu~ and {c) The County of Kern is committed to providing complete and factual information to citizens reg~-dmg the annexaUon process and the affect of annexations on clt/zens In order to assist citizens in making informed decisions as to whether to support or oppose an anne_xation proposal; and The people within an ~rea of a proposed annexation have a number of opportunities to make their voice heard ff they favor or oppose an annexation proposal: and (e) The Kern County Board of Supervisors has approved Master Proper~ Tax Exchange Agreements with many cities within the County that mitigate the fiscal harm to the County for cer~irt types of annex,at.i°ns. Section 2. NOW. THEREFORE, BE 1T RESOLVED as follows: 1. The County of Kern supports the will of the people within territory proposed to be annexed by providing information upon request regarding the annexation process, timing, requirements, and sample documents that may be used by either proponents or opponents to an annexation: and 2. To the extent available, thc County will compile and make available fiscal and other information concerning a speclflc annexation proposal upon the request of any cttlzen: and 3. The County of Kern does not oppose the annexation of ter~tory on the basls of fiscal harm that meets any of the criteria spech'ted within any £uIly executed MOU that establishes a percentage transfer to property tax upon annexation. 11 #96-239. (~alif~rnia ® August 14, 1998 Board of Supervisors Kern County Administrative Center 1115 Truxtun Avenue Bakersfield, CA 93301 Honorable Members of the Board: It has been reported to me by the City Manager that, in a meeting between the County Administrative Officer Scott Jones and the City Managers of the Kern County cities on the "Report on formation of Citizens Advisory Committee and related annexation matters", Mr. Jones conveyed to the City Managers that the decision to form the committee has already been made by the Board and it is only a matter of the makeup of the committee which is up for discussion. It seems pointless to discuss an issue if the Board has already predetermined the outcome. While the main thrust of the conversation between the citizens group and the Board is regarding the City of Bakersfield, such a committee will affect all of the cities in Kern County. I understand that the citizens group requesting this committee state their reason is because they have not been heard by the Bakersfield City Council. The facts are that the City Council has heard the concerns expressed by those advocating the formation of this committee. They attended the meetings of the Urban Development Committee and numerous City Council meetings to express those concerns. On May 11th, the Council took action to implement changes to the City of Bakersfield's annexation process (a summary is attached for your information). This was done in response to their concerns. These changes are currently being implemented. Therefore, something has been done. The County has already published a very comprehensive pamphlet on the state law in process. What more could this committee do? It also appears to me that many of the advocates for the creation of this committee are currently participants in legal actions against the City of Bakersfield regarding a recent annexation. I seems to me that it would be prudent to await the outcome of that suit. I hope that the Board is not indicating that they are leaving their neutral position, which they have stated in the past on annexations, and moving to a position of assisting those who are opposed. 1501 Truxtun Avenue · Bakersfield, California 93301 ° (805) 326-3770 ° Fax (805) 326-3779 Kern County Board of Supervisors August 14, 1998 Page 2 We should be discussing many issues when it comes to annexation, and I quote from a recent Californian editorial which indicates that the County and cities should be discussing how to address the sprawl of urban areas outside of municipalities. We must recognize the cost to all taxpayers of a "duplicated and.inefficient network of costly county and city government services that are draining already scarce tax dollars." We need to work together in a non-adversarial manner to solve these problems, and I'm convinced that this can be done. Finally, if the Board is determined to create this committee, it is absolutely incumbent on them to make it a balanced committee. It must be composed of an equal number of people who believe that urbanization should occur within municipalities as well as those who oppose annexations.. I look forward to working with you on this and the many other problems that face us in government. Bob Price Mayor BP/ndw Enclosure cc: Bakersfield City Council Alan Tandy, City Manager Scott Jones, Kern County CAO B A K E RS F [ £ Alan Tandy · City Manager August 12, 1998 Ms. Adel Klein Director of Policy Analysis Kern County Administrative Office 1115 Truxtun Avenue Bakersfield, CA 93301 Dear Adel: As we discussed in our recent meeting, I have developed a bullet-point outline of the changes the City Council made to the annexation process. In addition, I have provided some information on what City staff has done to implement these changes. ,- I hope this information is helpful for your Board. Please let me know if you need anything else. Sincerely, . D Io~gr. es'~B. Teubner Assistant City Manager DBT:s/d Enclosure City of Bakersfield · City Mana§er's Office · 1501 Truxtun Avenue Bakersfield · California · 93301 (80.5) 326-37.51 · Fax (805) 3,24-1850 1. Improve and expand functions of the hotline. The hotline has been updated. The hotline now includes options for each of the active annexation areas with information on its status, upcoming meetings in the area and information about the area. 2. Provide for individual noticing rather than just newspaper noticing of protest hearings. The City began individual noticing of annexations with the Panama #12 annexation which was approved at the June 24, 1998 meeting. Notices as always were sent first class mail and included a map bf the area. 3. Experiment with area-wide resident forums before filing of the annexation. The City has not filed any annexations this summer. Should the City contemplate a filing of an annexation we will hold an area-wide forum to take resident input prior to filing. 4. Revise the numbering system used to track survey results. This is completed and will be used for our next survey which will be in the Castro area this fall. Previously we used a numbering system to track surveys, the new system will use a descriptive identifier. An example is: Olive4/Patton-Norris/South. This indicates that it is the Olive ~ area, the survey is coming from the sub-area of Patton Way at Norris Road on the south side. 5. Coordinate a greater number of small neighborhood meetings so that each resident has an opportunity to attend. During this summer City staff has concentrated on large area-wide events. 'Small meetings will start back up in the fall. To determine where we are at on covering an area with meetings, staff has mapped out meeting locations and those that have received invitations for each area. This will help us to target specific locations within each area. 6. Hold at least one City services faire in each annexation area. The City has held a faire in Southgate and in Castro. Two additional faires are scheduled for Castro on August 15 and September 12. These faires are noticed with mailed flyers to all property owners and registered voters sent first class. 7. Develop an issue of Borderlines which details the process. Because we have backed off our more aggressive campaign, the City has not done any mailings this summer. Mailing of the Borderlines will resume in the fall. 8. Provide for no more bundling of non-contiguous areas. City staff will not combine any of the proposed areas as directed by Council. Aug-13-98 Oi ;40P August 13, 1998 Kern County Board of Supewisors County Administrative Center 1115 Truxton Avenue Fifth Floor Bakersfield, CA 93301JI639 HOn0rsble Members of the Board: On behiilf of thii City of Taft, I would once .gain ask that the Board of Supervisors reconsider it's intent to estiiblish II Citizen's Committee on Annexation. Considering the clrcumstiince giving rise to this proposal am the proposed chalge of the committee as envisioned by Its proponents, there Is, in our o ~nion, a resso~tal~e Ixesumpllon that such II committee will be predisposed to oppose annexa ion as il mMter of policy lind to erect or recommend the erection of IIddltion. l I~miers in lin, ~lre~ly cumbe~ome IXOr~-ss. It is our further belief lhat such II result, should it occur, will <aCell:~Ilte the all-too-often Idye~SildiiI relationship between the county and the Im~oq~rated cities tn which 56 percent of the Kern County population now reside. GIven that those who are ~tlspleased with the result of the an; taxation gNing rise to the proposal have sought redress through litigation with the City of Bakers ~eld and that the court will ultimately resolve di~uted Issueii concerning the IInnexatior~ and grant IIppmlxlate redress if wsnsnted, the City of Taft en~oumges you to IIblmdon the (~ 3ncopl of a Citizen's Commltee On Annexation as currently propose~. If the Boii~I of Supewlsors believes ss II m.tter of I~lncit~e t ~ it wishes to provide Input to the recently formed Commtiision on Lo~I Governance For ~ 21 it Century, it miiy be more pl'eductlvii to create il county wide blue itbl~n I~nel to II. Ir ss local govemiince issues. including annexation, Such II panel would include rel~..sentation from the Kern Cc ,nty Association of Cities, special distriCtS lind the county ltseff as well SS Il number of public m ~mbe~ from both the Incoq~rated and unincorporated .mils, The work I~Oducl of such II piinel could then be presented to ~he Comm/s~ with the full con~lr~nce of Ifil participants rather thiin forcing diverse iht, rests within the county into .dversiirtal appearances and confiict!ng testimony before thi, august lx~ly. On behalf of the City of Taft, I aplxeci.te your consldemNon f this proposal. ~ ' Bill Baker Mayor ADMINISTRATION 805/763-1222 - PUBLIC WORKS/PLANNIN( ; 805/763-3144 · FINANCE 805/763-1350 209 E, KERN STREET - TAFT, CAI IFORNIA 93268 DEPARTMENT O~ RECREATION AND PARKS DATE: August 8, 1998 TO: Alan Tandy, City Manager FROM: Stan Ford, Director of Recreation and Parks SUBJECT: Monthly Report for July The following is the highlights of departmental activities in July. If you need more detail or additional information, please let me know. STAFF ACTIVITIES Terry McCormick earned certification as a National Playground Safety Inspector. She is the first staff member to successfully complete the program and pass the exam. The curriculum of the course deals mostly with understanding and ensuring compliance with guidelines established by the CPSC and ASTM for playground equipment and structures, and the requirements of the Americans with Disabilities Act. Attached are copies of correspondence received from Valerie Bailey and the director of the Bakersfield Museum of Art that thank the staff of the Silver Creek day camp and Ed Lazaroti and staff for their work. RECREATION Lowell Neighborhood Community Center: Total drop-in attendance for July was 455. Participation in the summer camp program was 320. Many of our participants began school on July 20. MLK Community Center: Report from Dean Jones attached. Silver creek Community Center: Report from Linda McVicker attached. This report includes a table that indicates use of the city pools for recreational swimming. Summer Football and Basketball: This is the first time in many years that the city sponsored these leagues. The football program had seven teams and a total of 162 participants. Basketball had twenty-nine teams with 627 players. Heart Smart: The first phase of the project is complete (see attached memo). We have been advised that the project has been awarded an additional $15,000 to extend the program through June 1999. General Programs: Attached is a report from Holly Larson, recreation specialist, that describes current and future programs. I believe that the River Front Jazz Series, to be held in September, is going to be very popular. PARKS Bike Path/Mohawk: The area around the new crossing connection at Truxtun and Mohawk has been seeded. Gosford: The sidewalk repairs between Ming and Stockdale have been completed and new shrubs have been planted. Campus Park South: The Fish and Game Department is conducting an investigation in order to determine the cause of the deaths of many ducks. Calloway, Hageman, and Jewetta Planters: Re-landscaped to correct damage from vandalism. Craft Workers: Neil Tierney and his staff are assisting with the maintenance of the swimming pools. We have been experiencing problems at several pools and the craft workers are helping keep the pools open to the public. c: Citizens Community Services Advisory Committee John Stinson, Assistant City Manager Dolores Tuebner, Assistant City Manager Department Staff AU~-05--95 05:09 PM $ILVEROREEK PARK 8056652?95 P. 04 Bakersfield Museum otc Art P. O. Box 1911 Bakersfield, CA 93303-1911 1930 R Street, Bakersfield, California 93301 805.323.7219 * fax 805.323.7266 EXECUTIVE COMMI'n'EE JuJy' 20, ! 998 EIizobe~h 8~olne Presidenl Phil Zander President. Elect Tom Heath Posl Presidem Kolhy Gibson Pa,,P,e,,den,, Mr. Ed l.~aroti Pete AJgro Vice Presiden, Parks & RecreatiOn Department Leon Elwell .-, Financial Vice P;esiden, Cityof Bakersfield C,n,h,a,=,do 4101 Trim-tun ' Vice Presidenl ' Co=~nJohns,o." Bakersfield CA 93301 Vice ~resident Tom McCarthy Vice President Dear Ed: -' Undo Robinson . - Vice President Cindy Sproles ' · Secre,o,, Thanks for the outstanding service you and YOUr employees have provided, in Cu,,sOa~,ng' 'the maintenance' of our grounds at.the Bakersfield Museum of Art'. Since we -.. S,=E~hner rem.the, grounds for special events, i~t is imperative that they lookniceat all .- o,,Ec,b,s 'times. We appreciate yoUr, prompt and courteous attention to o_ur needs..: Our ^.n ~,own guests regularly complimem us on the appearance of the grounds.. Jean Caughell ' :,. Meg C,oy Also, a big congratulations on your hard work on the Centennial Plaza. -You Ira Cohen o. shay OeWe.~ and your crew must have spent many long hours on the project - it loOks Co.n,e ~,osch great ! Mike Griffin Marianne Klein ' Nancy Mallei Stello McMurlrey . . Sut~ T. Demmger Barbara Poe · Ann Reynolds Executive Director Marketing Director Jeanelle Richardson Chalita Robinson Fay Rosenlieb CC: Sunny Scofield Mory Leu Th ..... Mr. AlanTandy Claudia True re.y Werdel ' ' Polli Wilson fletly Younger Peggy Darling ChoTrman, Blue Ribbon Circle Chades G Meyer DATE: August 3, 1998 TO: Stan Ford, Director FROM: Dean Jones, Recreation Supervisor SUBJECT: Monthly Report - July 1998 RENTALS $576.00 was collected in rent for the month of July - 1998 FITNESS ROOM 556 participants month of July - 1998 GAME ROOM 1,219 participants month of July - 1998 GYM 730 participants month of July (adult) 635 participants month of July (Youth) TENNIS 25 participants month of July WOMEN' S EXERCISE 75 participants month of July MARTIN LUTHER KING COMMUNITY CENTER Attendance was high for the month of July with summer days reaching over 100 degrees. Our new chess club is averaging 12 to 15 participants. The lunch program is going well this summer with about 400 kids eating daily. NEW PROGRAM Game Centers - Comments from parents and participants indicate that the program was a success, attendance was good, many special events and sports tournaments highlighted the program. Stella Hills, Washington, Sequoia, all closed on August 5~h. Average Dally Attendance Highest Single Day Greenfield Jr. High 80 112 Sequoia Middle School 110 125 Washington Jr. High 45 80 Stella Hills 35 89 Special Events Frisbee Golf Tournament Billiard Tournament/Carom Hot Shot Connect Four *Concerns Communication - Custodial staff at each site were not informed about the arrangement with the District and in several cases were upset. Cooperation - Because of no prior notice from the District, custodial staffwas not very cooperative and not happy about our being on campus. Steve Herrara, Kevin Ross, Almaiza Esponzia, Frank Vivas and Ruby Harris have gone over and beyond the call of duty to make the program a success. *Health and Wellness Program - Each site was involved in a fitness program each participant was tested in sit-ups, vertical jumps and push-ups. CAMP KING The summer camp has again been a huge success as indicated by our daily attendance of over 90 kids and ending with a waiting list of 75 children. I would like to commend several staff members that has done a excellent job, especially in my absence for three weeks, they are: Chris Gomez Ellis Porter Manuel Williams Many special activities highlighted the camp such as: *Kern School Federal Credit Union - Had two workshops on banking and how to write checks. *Ebony Counseling Center - The negative use of tobacco and alcohol. *Kern Family Health Care - Youth Outreach Health Program CITY WIDE EVENTS Talent show - The second City wide talent show was held at Sequoia Middle School. Attendance was low, and staff feels it was due to a three dollar charge. However, parents and participants were very energetic with about 20- 25 estimated in attendance. UP-COMING EVENTS August 3 - Mercy Health Center Hygiene Clinic August 5 - Greenfield Jr. High School closes August 6 - Clovis Water Park Camp King August 24 - Martin Luther King Center Closed reopened September 7th August 29 - Talent Show MONTHLY REPORT - JULY 1998 Linda McVicker RECREATION 1. The last two sets of swim lessons began on July 13 and July 27. We taught approximately 1,541 lessons during the month of July. 2. The warm weather brought out many recreational swimmers. Several local news stations filmed a segment of their broadcast fi.om the City pools. A total of 18,585 patrons attended recreation swim during the month of July. Pool Number of Patrons Beale 2,557 Jastro 949 Jefferson 3,045 Martin Luther King 1,081 Planz 1,982 Saunders 1,454 Siemon 2,004 Silver Creek 4,614 Wayside 899 3. The Beale Park band concerts were held on July 5, 12, 19 and 26. The concerts were well received, however attendance was low on two occasions due to the warm weather. 4. The Silver Creek Band Concerts began on July 7, featuring Reggae music with Mentoburo. On July 14 we had Country Western music with Karen Kannoff& the Prairie Dogs. On July 21 the Southside Chicago Seven played all American Music and on July 28 the Mike Montano and played blues. There has been an attendance of approximately 300 people at each concert. 5. The Silver Creek Day Camp was filled to capacity for session 3 which began July 6 and on Session 4 which began July 20. Day Campers enjoyed swim lessons, arts and crafts, Hawaiian Day, and trips to the movies, ice skating and a tour of the Police Department the Convention Center and a picnic at Jastro Park. 6. Leisure Class attendance: Total Participants Monthly Attendance Total Aqua Motion 62 310 Art Studio 16 62 Baton Twirling 3 10 Drum Lessons 11 40 Cheerleading -19 66 Tiny Tot Dance 33 124 Ballet 15 55 J~7.z 11 42 Dog Obedience 10 37 Fun With Spanish 10 40 Group Golf 6 24 Ice Skating 33 129 Jazzercise 39 230 Karate 17 68 Pressed Flower 18 18 Racquetball 3 12 Rollerskating 7 28 Sports For Kids 42 168 Stargate Lazerstorm 4 16 Tennis - Siemon Park 8 60 Tennis - Silver Creek 28 167 395 1,706 UPCOMING ACTIVITIES I. Silver Creek will host two free concerts during the month of August. On August 4th the Jubilation Brass and Friends From Valley Baptist Church will hold a Gospel Night, and on August I st, The Usual Suspects will play Rock n' roll & Oldies. POOLSLOTUS:98 RECREATION SWIM JULY 1998 _ TEMP.;B~',',~ i!?,i!i!??::~iii ?,~ASTROiii ~EEEERSON ?~NZiiiiii~i', iS~UNDER~ :~SIEMON~, S iCREEK ~:',, WAYSiD-~-.. L¥.~1 921 $75.00 $38.00 $127.00 $51.00 2 90 $59.00 $26.00 $164.00 $45.00 $75.00 $153.00 $57.00 $164.00 $49.00 3 90 $120.00 closed $145.00 $32.00 $74.00= $44.00 $58.00 $189.00 $22.00 ~ 91 $73.00 $98.00, $106.00 $9.00 $69.00 $70.00 $58.00 $85.00 $40.0-~ -~ 90 $69.00 $31.00 $130.00 $33.00 $47.00 $27.00 $55.00 $170.00 $27.00 6 95 $113.00 $41.00: $149.00 $61.00 $34.00 $26.00 $106.00 $156.00 $63.00 7' 98 $103.00 $45.00 $130.00 $50.00 $87.00 $18.00 $82.00 $156.00 $38.00 8 99 $91.00 $63.00 $168.00 $49.00 $128.00 $102.00 $102.00 $152.00 $43.00 9 99 $95.00 $65.00 n/a $41.00 $87.00 $104.00 $107.00 $230.00 $24.00 10 93 $65.00 $37.00 $133.00 $43.00 $121.00 $70.00 $133.00 $150.00 $25.00 11 96 $107.00 $38.00 $108.00 $42.00 $65.00 $47.00 $85.00 $218.00 $15.00 12 95 $84.00 $37.00 $117.00 $47.00 $46.00 $50.00 closed $155.00 $24.00 13 98 $~:00 $~:00 $i-6i100 $6~::~'~ ...... ~:5~ ::: ~2:55 ~:~ $197.00 $16.00 14 100 $105.00 $29.00 $116.00 $37.00 $59.00 $25.00 $46.00 $165.00 $29.00 15 98 $71.00 $67.00 $152.00 $30.00 $75.00 $30.00 $79.00 $185.00 $37.00 16 101 $91.00 closed $173.00 $61.00 $123.00 ~ $31.00 $95.00 $182.00 $55.00 17 108 $164.00 $29.00 $170.00 $69.00 $81.00 $31.00 $156.00 $206.00 $33.00 18 106 $124.00 $26.00 $173.00 $36.00 $102.00 $29.00 $71.00 $264.00 $106.00 19 95 $55.00 $25.00 $137.00 $43.00 $82.00 $31.00 $54.00 $165.00 $37.00 20 98 $94.00 $45.00 $73.00 $61.00 $54.00~ $49.00 $75.00 $133.00 $10.00 21 96 $68.00 $27.00 $125.00 $35.00 $59.00 $104.00 $57.00 $144.00 $54.00 22 96 $48.00 $40.00 $117.00 $35.00 $120.00 $84.00 $75.00 $184.00 $15.00 23 102 $53.00 $34.00 stolen $36.00 closed $52.00 $44.00 $188.00 $29.00 24 98 $65.00 $19.00 $58.00 $21.00 $68.00 $63.00 $115.00 $156.00 $35.00 25 96 $135.00 closed closed closed !closed closed closed $170.00 closed 26 102 $83.00 $40.00 $113.00 $32.00 $51.00 $28.00 $32.00 $123.00 $13.00 27 102 $57.00 $21.00~ $107.00 $40.00 $45.00 $20.00 $91.00 $145.00 $48.00 2~8 98 $40.00 $42.00 $92.00 $34.00 $69.00 $40.00 $83.00 closed $22.00 29 95 $52.00 $30.00 $82.00 $43.00 $103.00 $78.00 $65.00 $187.00 $18.00 30 88 $47.00 $31.00 $79.00 $35.00 $54.00 $77.00 $51.00 $106.00 $23.00 TOTAL MONTHLY TOTAL FOR JULY H8,585.00 P.O. Box 2615 · Balre~aeid CA · _a'5__'~ · (a05) 3~6-~":"_-~ Ext. 2223 · FAX (a05) 324-454~ DATE: August 3, 1998 TO:. Mr. Henry Shipes, Assistant Supervisor, Recreation & Parks Department City of Bakersfield FROM: Manzoor Massey, PhD., MPH HeartSmart Collaborative Project Director Development Officer, San Joaquin Community Hospital RE: Update of Project OVERVIEW: The City of Bakersfield is to be commended for its role in reducing heart disease in Bakemfield. We are fortunate to have Henry Shipes as our lead contact with the City of Bakersfield. He has facilitated the growth and success the HeartSmart Collaborative through his knowledge and leadership. Congratulations on the addition of new programs promoting physical fitness and nutrition education. The inclusion of activities such as Ballroom Exercise Classes, Youth Garden Club, Game and Fitness Centers and Jamsson Ranch Camp Excursions will enhance us towards the goal. The addition of healthy foods at youth carnivals and festivals is also in direct correlation with the goals and objectives of the Heart Smart Cities Project. The key role various city departments played in the creation' of the Wdliame Street Community Garden is highly recognized by the Heart Smart Cities leaders at the state level. Futhermore, it is through your involvement that over 30 agencies are now part of the HeartSmart team. FUTURE DIRECTIONS: A great deal has been accomplished dudng the first phase of the project. During the second phase, the State has requested that we seek partners who will adopt the HeartSmart project and promote it as part of their routine activities when the grant concludes. We are fortunate to have an agency, Kern County Economic Opportunity Corporation (KCEOC), respond enthusiastically to this request. KCEOC reaches 17,000 pregnant women annually, has over 100 individuals involved with the project's target population and will adopt the goals and objeclNes of the Heart Smart Collaborative Project through their routine activities. KCEOC will provide food for garden meetings, space for community education, work with HeartSmart $[af'~, State WlC agency and Kern Certified Farmers Market President to make WlC checks available and accepted at Farmer's Markets. KCEOC has agreed to coordinate wffh HeartSmart and Kern Certified Farmers Market to host a Farmer's Market in South East Bakersfield. KCEOC has agreed to join the project as one of the main sponsors and help enhance and sustain the project when the funding is over. GRANT EXTENSION: HeartSmart Collaborative Project has been awarded an additional $15,000.00 and San Joaquin Community Hospital has agreed to match that amount. The extension allows the HeartSmart Project to continue its efforts through June of 1999. ADDENDUMS: Six Month Report for January - June 1998 City o~ Bakeml~eld · ~an Jeequin Community ~ · He~t Smart Cltle~ Prolact. California De~a~ment of Health Sef~Ice~ MONTHLY REPORT July 1998 Holly Larson, Recreation Specialist · A Children's Carnival was held at Sequoia Middle School on July 23. 94 wristbands were sold. Entertainment was provided by Leisure class instructors and participants. Ten booths offered a variety of activities or refreshments. · The next Children's Carnival is scheduled for August 13 at Silver Creek Community Center. A K-9 demonstration will also take place at this event. · Registration materials were completed and registration is now open for the Outdoor Adventure Excursions to the Jameson Ranch. The front office staff was trained on registration procedures. 20 out of 40 spots are already reserved for the overnight excursion, scheduled for September 19 - 20. Ten out of forty spots are reserved for the day trip on October 17. · Previous After-School Playground Program staff who were interested in returning were re-interviewed on July 29. Job announcernents and advertisements have gone out, and interviews for new staff to accommodate the 8 new sites will take place on August 14-18. In-service training is scheduled for September 15 and 26. The After-School program will begin September 21 at six locations and September 28 at the other eight sites. · A Bike Rodeo was held at Silver Creek Community Center on July 22. Twenty children participated in the rodeo, and fif~ children attended the rodeo and safety presentation. · The next Bike Rodeo is scheduled for August 12 at Pin Oak Park. · Press releases have gone out for all of my events scheduled for August and September (including the River Front Jazz Series on September 3, 10 and 17, the August 13 Children's Carnival, the Fall Carnivals for Kids on September 11 and October 15, and the Outdoor Adventure Excursions). Flyers have been prepared for distribution for all of these events. · I appeared on the live morning news on channel 17 to promote the July carnival. · Contracts have been signed with all groups who will be performing in the River Front Jazz Series. · The planning committee for the Halloween Carnival and Haunted Trail will meet on August 11. · Activities were provided and information distributed at the Wayside Park Annexation Fair on July 11. RECEIVED 1. Contrary to recent news reports, I assure you that: 1) The population of Bakersfield has not tripled to over 600,000 in the last six months; 2) the Building Department has not ordered anyone to tear down a treehouse; 3) nor have the Code Enforcement Officers been engaged in elder abuse by stripping their property clean. In the story about out population, the reporter apparently confused Bakersfield with all of Kern County. As for the "treehouse," the homeowner has been informed that the structure (standing next to the tree) consisting of six power poles supporting an 11'8" x 21'11" platform with a 7'8" x 12'11" on it is subject to the building code. He has also been told that if he were to obtain a building permit, remove a portion of the deck too close to the house, relocate a metal garden shed and install required intermediate rails on the bannister, the structure would legitimized. The court gave the owner 60 days to work this out. The elderly owner of 4000 White Lane (Akers and White) has made progress in cleaning up his property. The Building Director, Chief Code Enforcement Officer and I met with the property owner and a couple of his neighbors to talk about what needs to be done. In consideration of the progress made and the commitment to continue the cleanup, the Building Director agreed to meet with them bi-weekly over the next four months to help direct the cleanup. 2. Airport Inn/Knight's Rest at 2300 So. Union.: Following our filing of foreclosure, the property owner paid the city $11,198 to cover our abatement costs and has entered escrow with a person with plans to cleanup the property. 3. The Casa Royale is now under court order to cleanup and secure its premises. 4. Over the past month Code Enforcement has taken 670 complaints and completed 189 abatements. Most of them were property maintenance (527). The others were housing and zoning code issues (79) and junk cars (64). 5. Vicki McDougal has transferred from the Police Department to our Code Enforcement team. Her first month has been devoted to training but she also opened 144 cases of her own. 6. A retired highway patrolman is helping us with the seasonal crush of weed abatement. It didn't take long after the last rainfall for all that lush vegetation to turn brown. 7. The perennial problem of 1700 LeMay is scheduled for court hearing August 12, 1998. 8. Shane Denton, Code Enforcement Officer, has received "The 10851 Award" from the California Highway Patrol for superior efforts in vehicle theft recovery. The CHP letter is attached. It serves as a good highlight on one of the benefits of our program. Development Services Notes August 6, 1998 ~ Page 2 9. We met with the Grand Canal design and construction team to discuss some design details and the construction plan review process. 10. We also met with a design team putting together a proposal to build an office building just west of the Market Place. 11. Projects of Interest: · Havel Plastics at 7001 Schirra Court. A 103,000 sq.ft, one-story building valued at $2,800,000. Columbo is the contractor. · Castle and Cooke office at 10000 Stockdale Highway. A 75,000 sq.ft, three- story building valued at $4,800.000. SC Anderson is the contractor. · Valley Baptist Church at 4800 Fruitvale Avenue. A 57,000 sq.ft, one-story building valued at $3,400,000. No contractor listed. · St. John Baptist Church at 941 East Brundage Lane. A 34,000 sq.ft, one-story valued at $2,100,000. No contractor listed. 12. The Planning Department should have a draft EIR for the Southern Beltway for release in two weeks for its 45-day public review if we receive the legal description and map by then. 13. The public hearing by the Planning Commission on the Northeast Water Facility/Bike Path EIR is scheduled for August 20, 1998. Of special note, the Kern County Water Agency picked up five more copies of the draft EIR. 14. The Hillside Ordinance is out for public review. The Planning Commission will hear it on September 3, 1998. It applies to properties with 8 percent or steeper slopes. JH:pjt ~ dsnS-6 State of California--Business, Transportation and Housing Agency PETE WILSON, Governor DEPARTMENT OF CALIFORNIA HIGHWAY PATROL ~ Central Division 5179 N. Gates Fresno, CA 93722 (209) 277-7250 (800) 735-2929 (TT/TDD) (800) 735-2922 (Voice) July 23, 1998 File No.: 401.A4959 Officer Shane Denton Bakersfield Police Department 1601 Truxton Avenue Bakersfield, California 93301 Dear Officer Denton: As you are aware the California Highway Patrol has developed a method of recognition for officers showing exceptional abilities in the recovery of stolen vehicles. We have been informed of your outstanding performance in this area of enforcement. Due to your efforts you have met the criteria for your first 10851 Award established by our Department. Between April 1997 and April 1998, you recovered four rolling stolens and arrested four suspects. Additionally, you recovered eight abandoned stolen vehicles. This letter, along with the accompanying 10851 pin, is our way of commending you for your efforts. The letter will be included in your personnel folder to remind your supervisors of your performance. The pin is designed to be attached to your uniform as an emblem symbolizing your devotion to duty. Congratulations on a job well done. Sincerely, ~Aa~qDDiEv ~s ~oOnN, Chief cc: Bakersfield Police Department PRESS RELEASE FOR MORE INFORMATION, CONTACT: Ka[hy Lu$llca (801) 355-2200 FOR IMMEDIATE RELEASE Theater Lean_ua of Bakemfleld smnounce~ ~9~8.99 season Includlna_ The Kine_ and I. West Side Sta~. end Fiddler en The Roof Tickets on sale Fddav Auouat t4~ Dedicated to bringing the finest national tour~ of l]roedwey musicals to Be3rersfield Cenmmial Oazden end Cern'aeries Center, the TI:eater Leque of 9akex~field is getting seedy to raise the etmaia in its IgOr-gO season. The 1998-99 season includes Mine ofthe most popular shows touring Nor, h .~,m,Hc~ TI~ Klnf and I, WHt Skle Story, and Fiddler oa ~e' Roof, Tickets go on sale [=achy, Ausust 14, at T{ckeM~,ter outlets end Tickem~4er chitse by phone. Tickets may be purchased tndiv~dtmUy or in a ~-ttiseotmted D.show package oftain8 best seats for SgO. Season and individual t~ckets ~11 be available et the Bekmfietd Conyention Centez box office be~i~i-g Wednesday. August 1~. To purchase t~ckets peer to Wednesday, Ausust lgd~ visit s Tickelmuter outlet or call (805) 585-8700. The King and I (October t. 1998) Set in the exotic end epuleut Far Em in the 1860% Reset tad Hamme13tein's The King and I tells the story of eh ndventttmus EngLishwoman who becomes governess to the m2fl~; children of the Ki~ of Siam. Weft Side Story (November 2% 1998) BLqed on $~d,.-spezr's timeless love story of ~ll~g.~d.,~l~,L Writ Side S(ory is set ag24neq the grisly hackdtop ofg~g waffle on the ii,cea of New York City. A~ t~o rival S~gs battle o~,*e~r the, share of ne½ahbozhood m.rf, a boy and · gi~l fxom opposing side. s--m~d diffcrcm races.--zl~gt end fee in love. These f0m~i~er theme~ make this powerful emi gr~ppms musical es poignant tod~y u when it took Broadway by s~orm ia 1957. Fiddle on the Roof ('FebrmuT f, 1999) A family musical about fomily. Fiddler on the Roof fecuses on love and lau~ter, devotion and defiance.., and cbln~g ~dltion. Along with this endeirin8 story come musical tunes that have become tnternlt~on~l trsvorites including "Sunrise, Sunset," "afl Were A Rich Man," "Matchnmlcer," and "Tzadlfioa." Sea, on and mdividuM tickets will be av,41a~te through Ticke~,-~ter oudets and Ticke*w~,eer charge by phone (805) $8]-8700 on Friday August ! 4d' ~ ~t the gake~eld Convention Center Box OtT~e be.arum-E Wednesday, Aug~xt l 9' 19~8. FOR IMMEDIATE RELEASE SUPERSTAR BILL COSBY TO OPEN CENTENNIAL GARDEN ARENA America's favorite humorist and legendary star Bill Cosby will appear live in concert at the premiere of the brand new Bakersfield Centennial Garden Arena on Friday, October 2"4 at 8 p.m. This history - making first ever special concert will feature Cosby performing center stage in-the-round. Tickets for this event go on sale at 10 a.m. Monday, AugUst 1 7th at the Centennial Garden & Convention Center Boxoffice and all Ticketmaster outlets including The Wherehouse and Robinsons-May stores. Phone orders will be accepted at (805)583-8700. Cosby is, by any standard, one of the most influential stars in America today. His comedic style often centers on the basics of everyday life, provides wry and extremely funny insights without resorting to gimmicks or Iow-brow humor. His show is suitable for the whole family. This special Bill Cosby premiere concert is welcomed by KBAK-TV 29, KGFM-FM and KERN-AM in association with Steve Litman Presents. for more information contact: Steve Litman Presents (314) 535-2369 or Scott Norton at the Centennial Garden Arena (805)327-7553 CELEBRITY ENTERTAINMENT' PRODUCTION · PROMOTION · MARKEI1NG · SPECIAL EVENTS I'gq 57 Crestwood Drive · St. Louis, Missouri 63105-3032 ~' 314.535.2369 ~ 314.534.4153 ~in steve~)foxstl.com BAKERSFIELD PUBLIC WORKS DEPARTMENT MEMORANDUM TO: Alan Tandy, City Manager FROM: Raul M. Rojas, Public Works Director DATE: August 6, 1998 SUBJECT: Directional Boring As you may well recall, we have had a large number of fiber optic cable installations in the City rights-of- way in the last few years. The installation method of choice for the contractors and utilities has been directional boring. The theory is that this method is less destructive to the City pavements, since the contractor digs only two pits - one for the boring machine and one as a receiver pit. However, the use of this installation method has proved problematic for the City, there are always more than two cuts 'of the pavement for any one stretch of fiber because each utility has to be "potholed" (a small hole is dug to verify the depth of the utility line); and the patches put in by the utility's contractor have been of less than stellar quality. The aspects that cause the City the most trouble, however, are the "blowouts" and the lack of vertical control. I have attached a list of 6 of the most recent "blowouts" from directional boring jobs. I believe that these occur when the boring machine operator loses control of the drilling fluid -- what results is a bubble in our pavement. Our inspectors always try to get the contractor to repair these blowouts, but the repair means another patch in our pavement. Additionally, the vertical control of the directional bore is faulty. Our standards require that the cable be a minimum of 30 inches below finish grade. During the Chester Avenue Streetscaping project, a fiber cable was uncovered with a depth of only 12 inches. Also, Castle and Cooke's contractor discovered a cable with a 22" depth while constructing some improvements along Stockdale Highway. With these as examples, we are concerned that there are many other cable projects out there with less than minimum or specified depths. For these reasons, I am proposing that directional boring no longer be allowed within the City rights-of- way. I have attached a copy of a letter that I would like to send out to all utilities and directional boring contractors. Additionally, I would like to "spot check" certain cable jobs by having the cable potholed to verify their depth. If the cable is not at minimum depth, I would like to direct the franchise holder to move their facility within 90 days, as is specified by the street permit. Please let me know what you think. S:\M EMOS\ 1998\Directional Boring.wpd RMR:mps xc: Reading File Jacques R. La Rochelle Marian P. Shaw ~ . BAKERSFIELD PUBLIC WORKS DEPARTMENT 1501 TRUXTUN AVENUE BAKERSFIELD, CALIFORNIA 93301 (805) 326-3724 RAUL M. ROJAS, DIRECTOR · CITY ENGINEER August 4, 1998 Subject: Directional Boring Dear Sir; Directional boring of conduits has been used within the City of Bakersfield for approximately four years. During that time, the City has experienced numerous problems with this method of conduit installation. These problems include "blow outs" of the drilling fluid, resulting in an uneven pavement surface; and inaccuracy in the vertical placement of the conduit, resulting in a conduit with inadequate cover. These problems are now impacting the City's maintenance and capital improvement programs, resulting in extra cost to the tax payers. Therefor, the use of directional boring within the City right-of-way is hereby prohibited. In addition, all projects which have used this method of installation will be subject to the City's review. The City Engineer may order periodic potholing of the conduit to determine that the minimum specified cover was attained. Those locations not meeting the minimum cover requirement of 30" will be required to be relocated by the permit holder. If you have any questions concerning this, please contact Marian P. Shaw at (805) 326-3579. Very truly yours, RAUL M. ROJAS Public Works Director (~/Sc~f' ~e~y99n8~C~e~ ,~ion~mt~d~ction Superintendent Alan Daniel, Assistant City Attorney Jack Leonard, Assistant Building Director BAKERSFIELD PUBLIC WORKS DEPARTMENT MEMORANDUM TO: ALAN TANDY, City Manager FROM: RAUL M. ROJAS, Public Works Director ~ DATE: August 12, 1998 SUBJECT: WASTEWATERTREATMENT PLANT#2 Attached are eleven copies of Progress Report No. 5 of the Wastewater Treatment Plant # 2 - Expansion Project, prepared by Black & Veatch. Please let me know if you require additional copies. Attachments G :\GROU PDAT~Memo\1998\wwtp2report5.wpd ~a[~ersf ie[b ~AIasce~IaCer ~l~reaCrnenC ~[~nc ~No. 2 - ~xpansion A Pa~t~~lPr~~ CONSTRUCTION PROGRESS SUMMARY NUMBER FIVE July 1, 1998 through July 31, 1998 CONSTRUCTION PROGRESS I. Major construction quantities to date include: · Man Hours To Date: 57,600 mh Plus Electrical Workers & Ironworkers · Square Feet of Concrete Formwork: 253,000 sf · Concrete-Steel Reinforcing Installed: 700 tons · Cubic Yards of Concrete Placed: 9300 c.y. · Cubic Yards of Structure Excavation: 25,500 c.y. · Cubic Yards of Site Excavation: 35,000 c.y. · Cubic Yards of Trench Excavation: 26,600 c.y. · Cubic Yards of Bedding and Backfill: 19,300 c.y. · Linear Feet of 42-inch, 48-inch and 60-inch Diameter Cement Mortar Lined Steel Pipe: 3000/4500 ft. II. Kiewit Pacific Co. performed the following work: Site: Began importing fill material from a borrow site southwest of the Plant. Approximately 90,000 c.y. of fill material is needed to finish the project. Placed the slab for the effluent structure. Primary Clarifiers: Performing a hydro-test on Primary Clarifier No. 3. Trickling Filters: 50% of the media support beams are installed. The trickling filter walls are placed on Trickling Filter No. 3. Filter Media is due to be delivered to the site around August 3rd for placement in Trickling Filter No. 3 Secondary Clarifiers: The clarifier walls are placed on Secondary Clarifier No. 2 & 3. The lower walls on the Secondary Sludge Pump Station are complete except at the stairwell. Digesters: The digester walls are placed for Digester No. 4 and they began installing the decking for the dome. Began placing the walls on Digester No. 3. The upper Digester Control Building wall are 50% complete. COVER PHOTOS: Upper Left: Set-up of 230 ton crane with 210 foot boom. Lower Left: Trickling Filter No. 3 - Placing of wall form. P~el SIGNIFICANT ACCOMPLISHMENTS * The labor force includes nearly 110 local craftsmen and craftswomen. · Major participation from Bakersfield construction firms and material suppliers include: · Granite Construction- Paving · Crown Fencing - Fencing · Tri-Steel Corporation- Concrete Reinforcing Steel · BSK- Materials Testing · American Transit - Concrete · There have been no Claims and one Change Order is in process. · Kiewit has not had a recordable accident on Plant 2. · Shop Drawings and RFI's cominue to enjoy short turn around times. · To date, there has been no significant re-work required. · Partnering continues to set the stage for quality in construction and timely prosecution of the work. · Have met the August 3ra date to receive filter media to be installed in Trickling Filter No. 3. · Wall pours on the digesters are proceeding on alternate days. · Wall pours on the Trickling Filters and Secondary Clarifiers are proceeding with one each day. Recirculation Pump Station with electrical building base slab in t~ont Page 2 Trickling Filter No. 2 Effluent Pipe AREAS OF CONCERN · None PROPOSED CHANGE ORDERS · Proposed Change Order No. 2 - Addresses minor engineering and process improvements and a significant Value Engineering credit. REQUEST FOR INFORMATION · 91 RFI's have been received/processed as of July 31, 1998. · 6 Days on average turn around. SHOP DRAWINGS · 218 Shop Drawings have been received/processed as of July 31, 1998. · 11 Days on average turn around. Page 3 PLANNED ACTIVITIES FOR AUGUST 1998 Site: Complete work in the Sludge Beds. Start pavement work around the Headworks structure. Primary Clarifier: Backfill around the structure. Trickling Filters: Install the media in Trickling Filter No. 3 and finish the walls and support beams in Trickling Filters No. 1 and 2. Recirculation Pump Station: Hydro-test and backfill around the structure and begin installing the pumps. Secondary Clarifiers: Complete the clarifier walls on Secondary Clarifier No. 1. Digesters: Complete the walls on Digester No. 3. Place the concrete dome on Digester No. 4 and complete the wire wrap installation. Begin installing the pre- stressing wire on Digester No. 3. Complete the walls on the Digester Control Building. Digester Control Building Digester Control Building & Electrical Work Page 4 CONSTRUCTION PROGRESS SUMMARY DESCRIPTION STATUS NotiCe to Proceed Dated February 9, 1998 Contract Time, Calendar Days 730 Original Completion Date February 8, 2000 Substantial Completion Date May 7, 1999 Time Extensions Approved 25 Days' Construction Revisions Delay Days 29 Revised Completion Date 'March 8, 2000 Original Contract Amount $29,239,800 Change Orders Approved (92,342.61) Revised Contract Amount $29,147,457.39 Amount Earned This Period $2,245,857.77 Amount Earned to Date $9,909,152.77 Percent Complete, $ ' 33.99 Calendar Days Used 173 perCent Complete, Calendar Days 23.7 Digester No. 4 - Installing the Dome 98-043 Page 5 BAKERSFIELD Economic and Community Development Department-~-'~:&)7 MEMORANDUM August 11, 1998 TO: Alan Tandy, City Manager ~ FROM: Jake Wager, Economic Development Direct SUBJECT: July URM Activity Report The July URM activity report has 121 applications for properties participating in the URM Incentive Program. Currently 31 properties have been granted reimbursement checks representing a total of $137,364.18 in twenty-eight retrofit projects and three demolition projects. They include: 801 18th Street, New China Cafe 1330 19th Street, Serrano's Furniture 822 18th Street, Thorp's Motorcycle 1918-1920 Eye Street, Jelly's (Former Water Company Building) 2526-2530 Chester Avenue, Waterbed Warehouse and Mattress Outlet Building 1025 18th Street, Italian Grocery Store 1207 19th Street, The Mint Building 1928 19th Street, Old Paine Mortuary House 2407 Chester Avenue, Granada Furniture Building 430 East 19th Street, commercial property 2101 Chester Avenue, Guarantee Shoes 1017-1023 Baker Street, vacant retail space 2509 Chester Avenue, Patton's Discount Office Furniture Building 1914 Truxtun Avenue, medical office 1919 Chester Avenue, Palla property 1228 19th Street, Griffin Pawnbrokers 900 18th Street, Cay's Health Food Store 1121 21st Street, commercial property (demolition) (~ ~-~..~ 1701 18th Street, Turk's Copy ! 622 East 19th Street, warehouse (demolition) 2025-2029 Chester Avenue, Red Wing Shoes 2000 H Street, Itenley's 1812 Q Street, vacant building (demolition) 1517- 1523 19~ Street, Williams property 2022 Chester Avenue, Palla property 1711 -1717 19t~ Street, Clifford property 1219-1221 20~ Street, Nighbert property 506 East 19th Street, Felton property 2305 - 2309 Chester Avenue, Campbell property 618 - 620 East 19t~ Street, Wool Growers Restaurant 1623 - 1633 19th Street, Goose Loonies In addition, 42 properties have been given authorization to start their projects (ie. Notice to Proceed). Furthermore, 16 applications are awaiting documents prior to issuance of notice to proceed, 9 applications are awaiting expression of intent by property owner, and 23 applications have been determined inactive or ineligible. This memorandum is intended to provide you with a brief update on the status of the URM assistance program. cc: Jack Hardisty, Development Services Director Dennis Fidler, Building Director Jack Leonard, Asst. Building Director Mike Quon, Building Plan Check Engineer Andre Devereaux, Development Associate, ED/CD p:\unn\urmmemo.at Economic and Community Development Department MEMORANDUM August 10, 1998 TO: Jake Wager Economic Development Director FROM: Vince A. Zaragoza ~,~_ Principal Planner SUBJECT: 4th Annual Section 3 Workshop (August 6 - 3:30 P.M.) - Update The above noted workshop was held on August 6 at the Convention Center. The educational workshop covered the City's Section 3 Plan requirements for interested companies and agencies. City staff mailed over 143 invitations to interested Section 3 participants. Seven contractors registered for the workshop and six actually attended. Below is a list of contractors who preregistered versus those who actually attended. RSVP Attendance 1. Granite Contruction 4' 2. W.M.Lyle 4' 3. West Valley Construction 4- 4. Tim Jackson Builders 5. HPS Plumbing 4' 6. E. Morrit Construction 4' 7. Strickland Construction 4' The workshop lasted about an hour and staff was able to answer many questions from the audience. It was also stated that City Section 3 covered projects have a pre-bid conference which allows interested bidders to attend and ask questions regarding Section 3 project requirements. file:section3, wpd From: Stan Ford To: Alan Tandy Date: 8/12/98 3:56PM Subject: Liberty Park I just spoke with Colin Bywater of NOR (park planning and construction director). What I got was: 1. The park property is a former county burn dump. 2. Property still owned by the county. 3. NOR is negotiating a'long-term lease with the county, 4. Lease agreement should be presented to the NOR board and county supervisors in September. 5. NOR is working with the city and Castle & Cooke for road improvements to Brimhall. Agreement should be ready for the council in September. 6. NOR is working with Kern High School District for road improvements to Jewetta. Agreement should be ready in September. 6.1 Funding for road improvements is in place. 7. NOR and county are about to have a surveyor survey the property. 8. Construction will begin once all agreements are signed. That is grading and irrigation installation. Turf will probably be planted in the spring. That's all they have money for. Do you need more?