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HomeMy WebLinkAbout09/04/98 BAKERSFIELD CITY MANAGER'S OFFICE MEMORANDUM September 4, 1998 TO: HONORABLE MAYOR AND CITY COUNCIL FROM: ALAN TANDY, CITY MANAGER SUBJECT: GENERAL INFORMATION 1. An overview of the financing sources and annual debt service for Centennial Garden is enclosed for your information. The local paper is running some form of article on the subject in the near future. 2. Invitations to the October 1st grand opening celebration at Centennial Garden will be sent out at the end of next week. We will release the press announcements as the event gets closer. 3. On Thursday, September 3, 1998, the Planning Commission formally adopted the project area boundaries for the two new proposed areas. This step is significant, in that it represents the commencement of the notification process to the affected taxing avenues (County, School District, etc.) and to the State of California of the City of Bakersfield's efforts, with respect to project area formation. On September 14, 1998, the CDDA will formally direct staff to commence the appropriate official notifications. 4. Enclosed are two letters from LAFCO regarding the City Sphere of Influence which were recently transmitted to the Board of Supervisors as correspondence. The letter dated November 24, 1997 has been responded to by City staff by incorporating the General Plan Amendment for Western Rosedale into the Sphere of Influence application, thus making us the lead agency for the environmental review. The second letter, dated August 14, 1998, was correspondence to LAFCO commissioners regarding the LAFCO director's recommendation to continue our hearing and require notice be sent to property owners in the area, and that the City indemnify LAFCO. These are two new requirements which we believe have only been applied to the City of Bakersfield. Staff continues to proceed with the process, despite these new arbitrary requirements. The LAFCO Director continues to frustrate our efforts to adequately plan for future growth in and around Bakersfield. Honorable Mayor and City Council September 4, 1998 Page 2 5. We have received notification that our application to become a Permit Consolidation Zone has been approved. The enclosed memo from the Fire Chief has the details on this new program. 6. Staff is still completing some of the finish work and making a few minor changes to the Council Chambers. However, one of the items that was not included in the original scope of work was replacing the audience chairs. Staff has researched the feasibility of replacing the chairs. Since they are so old, refurbishing is not really a viable option. Staff has gotten some bids and estimates that replacing all 152 seats with updated seating will cost about $26,000. Newer seating would be easier to repair and clean. This project is optional and is at the Council's discretion as to whether or not we should move forward with it. Please let me know if you have any strong preference one way or the other. 7. Enclosed is an update on the treehouse structure that was mentioned in the media a few weeks ago. 8. A memo is attached from Public Works concerning some trees on Saddle Drive, south of White Lane. The trees have never been maintained by the City. They were planted on private property by a developer who does not own the land, and they have notified us that they will begin removing them this week, as they have been unable to reach agreement with the landowner for the easement. 9. The July Activity Report on LEA regulated projects within the city is enclosed. 10. Responses to Council requests are enclosed, as follows: · Refer the issue of the County's payment for their portion of the Allen Road Trunk Sewer project to IGRC if the County fails to pay by 10/1/98. The correspondence enclosed relating to this matter includes: the City's request for payment of the County's share of construction costs, the County's response with their interpretation on reimbursement, and my subsequent letter stating the City's position and offering a resolution to the matter. · Furnish a list of the major streets included in the 1997-98 Street Resurfacing project; · Provide information on how the high speed rail will be incorporated in the new Amtrak station design; · Schedule street repairs on Pacheco Road; · Set up a Westchester area neighborhood meeting regarding various concerns; Honorable Mayor and City Council September 4, 1998 Page 3 · Investigate the possibility of improving medians on White Lane east of Gosford; · Repeat traffic analysis at 8th and T Streets to determine if stop sign placement is feasible; · Provide project history and efforts to get soundwall constructed for Smoketree Mobile Home Park. AT:rs cc: Department Heads Pamela McCarthy, City Clerk Trudy Slater, Administrative Analyst FINANCIAL OVERVIEW CENTENNIAL GARDEN · The "Garden" was built with no tax increase, no new taxes, and no form of assessment. · The construction of the project has caused no disruption to the City finances, no cutbacks in the General Fund, and no curtailment of growth within the General Fund to deal with population changes. · Reasons for the above include: A) A very large portion of the funding for Centennial Garden came from one time revenue sources. That amount is $11,285,000 B) Two thirds (67%) of the additional annual debt is estimated to be serviced by the following: 1) $375,000 decrease in the Convention Center operating deficit and an estimated $500,000 increase in transient occupancy taxes (TOT) and sales tax revenue, all of which are generated as a direct result of the arena project. 2) $450,000 Redevelopment tax increment revenue estimated to be available annually. · One third (33%) of the additional annual debt is estimated to be serviced by other general revenues. TUESDAY, SEPT. 1ST 2:00 P.M. 'KERN "COUNTY Memo ely ORDER OF THE BO/$UI~. Referred To , To: Commissioners Copies Furnish.d Executive Officer ,.*~.= OAVI$ ' '~oard of Supervhmr~ Date:. August 14, 1998 Re: City of Bakersfield Sphere of Influence Amendment The City of Bakersfield has submitted a request for an amendment of their Sphere of Influence. The City undertook this project in conjunction with an amendment to their General Plan which corresponds with the Western Rosedale Specific Plan and The Rosedale Specific Plan adopted by the County earlier. The City was lead agency for this project and adopted a Negative Declaration of Environmental impact. A city sphere of influence is a LAFCo planning tool which delineates an area within which a city can provide services. Those services should be available with either existing facilities and personnel or in the planning process (i.e. part. of a capital improvements plan). In the recent past there has been a formal disagreement between LAFCo staff and the former city attorney over the purpose of a Sphere of Influence. Please see correspondence attached. It is recommended that you ask the City to notify property owners of a proposal to include their property within the City's' Sphere of Influence and continue this hearing until the City can comply. The proposal submitted has been greatly cut back by the city from the area considered in the Negative Declaration. The Staff recommendation is that you approve an increase in the City's' Sphere with modifications. The Northwest portion is covered by two specific plans and related EIR's therefore it is recommended that, after public hearings, you approve the portions of this area which are designated for urban use, or are already in urban use, or are surrounded by urban uses or designations, so that they are unlikely to be maintained in resource · Page I uses in the plan pbdod, City and LAFCo staff could be directed to work on this "development line" dudng the time that notices are being sent to property owners. It is recommended that you deny the four square miles proposed to be included within the City's Sphere in the Southwest. This area is not part of a General Plan amendment and was improperly included in the City's' Negative Declaration. LAFCo staff notified the City. See correspondence attached. The General Plan designates these areas for resource uses and the City 'has not presented any current ·" dev, elopment proposals or analyzed any impacts in this area. It is also recommended that you ask the City of Bakersfield to sign and have available an indemnity agreement for this Sphere of Influence Amendment so that it may be approved at your next hearing. · Page 2 08/28/98 FRI 15:16 FAX 805 861 2896 CLERK OF THE BOARI) ~050 Local Agency Formation Commission AFCO 2 '00'M" STREET SUITE 290 Fax (805) 862.8951 Phone (805) C..sde No. , , ElY ORDER OF TH[ November 24, 1997 -", Stanley Grady, Planning Director ~ c®i,~ Each Sunet~nr City of Bakersfield 1715 Chester Avenue ~,~oaveosuev. ~,~[[ '~ ~/1~ SUE DAVIS Bakersfield, CA. 93301 Clerk ,~_ Dear Mr. Grady: These comments are in response to the City's proposed Negative Declaration on Sphere of Influence Amendment # 1-97. In a situation like lhis, where the m~jority of the proposed project area is a sphere of influence change only, LAFCo, not the Cky of Bakersfield is the appropriate Lead Agency for the preparation ofenvlronmental documentation. Ir'this project is pursued in this form, please either abandon your proposed Negative Declaration and apply to LAFCo for a Sphere Amendment or submk information to the O~ce o£Planning and l~.¢$earch to resolve this Lead Agency Dispute. Relevant portions of the previous decision of lead agency for sphere of influence projects are quoted below: "A/tot reviewing the statements of contentions submitted by LAFCo and the City, it is the opinion of OPR that LAFCo is the appropriate lead agency with respect.to the Sphere of Influence Amendment Proposa[ 93-1 CEQA Guidelines section 15051(a) states: "If the project will be carried out by a public agency, that ~gency shall be the Lead Agency..." Section 15379 defines "Public Agency" as "any state agency, board or commission and any local or regional agency." Cal. Code of Regulations § 153'/9. 08/28/98 FEI 15:17 FAX 805 861 2896 C~RK OF THE BOARD ~051 ?age 2 Spheres of influen'ce are solely witl-dn the jurisdiction ot'LAl=Cos and it is the responsibility of'LA2'Co to adop~ spheres o~J~uence for local ~ove~ental ~encies. Oov. code ~ 56425, 5~425 (1993). ~thou~h local 8ove~ental asencies m~y reques[ amendments to their Spheres o[I~uence, such a request ~o~s no~ preemp[ a L~Cos le~a[ authority to c~ out their statu~o~ duties. Gov. code ~ 5542~ (1993). Therefore, auy proposed amendment to the C~[y's ~phere of I~u~nce must be ~pproved, ca~ed out, ~nd ~iven fin~li~y by L~Co, ~nd accord[u~ly, L~Co is the appropriate public a~ency to act Bs~ers~eld Sphere o~I~uence ~endmentProposal 93-1" William A. ~xecut~ve O~cer BAKE RS F I~E L D FIRE DEPARTMENT MEMORANDUM DATE: August 31, 1998 TO: Alan Tandy, City Manager FROM: Ron Fraze, Fire Chief~ ~-~~- SUBJECT: Permit Consolidation Zone On Friday, August 28, 1998, we were notified by Peter Rooney, Secretary for Environmental Protection, California, that our application to become a Permit Consolidation Zone (P.C.Z.) has been approved. As you will recall, this pilot program in California, establishes Permit Consolidation Zones in which industry can replace State, County and local environmental permits with one comprehensive Facility Compliance Plan. This voluntary program can save businesses time and money, as well as facilitates compliance with a variety of environmental regulations. The program is available to all new or expanding facilities within the City, and is intended to reduce the regulatory burden and speed up the approval process. We have initiated a meeting with Economic and Community Development, as well as the Development Services Department to plan an implementation strategy. In the initial application process, only four P.C.Z's have been approved in California. The City of Bakersfield, Kern County, Fresno County and the southern portions of Orange County. Secretary Rooney has stated that he expects other P.C.Z's to be established in 1999. We currently have all of the agreements with the State - (Department of Toxic Substance Control, Regional Water Quality Control, and State Air Board) signed and in place, as well as agreements with Kern County and other City departments. Although it is too premature to evaluate the overall impact of the program, for those businesses that can take advantage of this innovative concept it should enhance facility environmental compliance and significantly · expedite the environmental permitting process. ~ SEP-~998 1', BAKERSFIELD Building Department Dennis C. Fidler · Building Director September 2, 1998 ;! ' Mr. & Mrs. Chip Hanson 708 Hewlett Street Bakersfield, CA 93309 Re: Illegal Accessory Structure Dear Mr. & Mrs. Hanson: My staff has informed me that a pre-trial for your accessory building is set for September 18, 1998. I believe the judge gave you 60 days to contact the Building Department to resolve this situation. Because my staff has not heard from you, I am writing to make sure there is no misunderstanding on correcting your structure. During my last conversation with Mr. Hanson, I explained a permit was needed for any accessory building larger that 120 square feet and platforms more than 30-inches above grade. To resolve this situation prior to your court date, we need for you to obtain a permit ($46.00), remove only the deck within 10' of your house (including two poles), install intermediate guardrails on the remaining three sides of deck (4" maximum spacing), and relocate your metal storage shed five feet from property lines and ten feet from accessory buildings. Completing these items prior to yom' court date would make your structure legal and we would ask the court to dismiss your citation. If you have any questions, please contact Tony DeMarco at (805) 326-3713. Sincerely, Dennis C. Fidler Building Director DF:kin ! SEP - 3 1998 cc: Alan Tandy, City Manager Jack Hardisty, Development Services Director ;~!TY rvL.,N, ,,:~,a,, a OF~:iC City of Bakersfield · Development Services · 1715 Chester Avenue Bakersfield, California · 93301 (805) 326-3720 · Fax (805) 325-0266 BAKERSFIELD PUBLIC WORKS DEPARTMENT MEMORANDUM TO: Alan Tandy, City Manager FROM: Raul M. Rojas, Public Works Director /~~fj DATE: April 20, 1998 SUBJECT: More Trees on Saddle Drive You may recall several months ago my telling you about some trees on Saddle Drive, south of White Lane, that were in danger of removal. The trees my earlier memo discussed were on the west side of Saddle Drive, adjacent to a new housing tract. There is now a concern about the trees on the east side of Saddle Drive and on the south side of White Lane. The City has never maintained these trees. They are on private property and as such, the maintenance has been a private matter. The trees in question were planted several years ago by Community Construction as a means of beautifying' the entrance to their housing development. They do no~t own this property. This landscaping has been maintained by Community Construction, but they now wish to discontinue the maintenance. The area is in the Consolidated Maintenance District and the City can take over the landscape maintenance, but Community Construction needed to provide a landscape easement and bring the landscaping up to current standards. Community Construction has been unable to reach an agreement with Kern College Land Company, the land owner, regarding the easements. They have therefor informed my staff that they will begin removing the landscaping this week. S:\MEMOS\I998\More Saddle Drive.wpd RMR:mps xc: Reading File Project File Jacques R. La Rochelle Marian P. Shaw RECE ED SEP - r !CITY IVIAN;~,G F_.R'S BAKERSFIELD PUBLIC WORKS DEPARTMENT MEMORANDUM TO: Alan Tandy, City Manager FROM: Raul M. Rojas, Public Works Director ~~ DATE: August 28, 1998 SUBJECT: GENERAL INFORMATION Attached is a copy of the July Activity Report, dated August 25, 1998, from the Environmental Health Services Department describing the status of the LEA regulated projects within the City of Bakersfield. Attachment PROGRESS OF PROJECTS WITHIN THE CiTY OF BAKERSFIELD · Activity For The Month Of July 1998 Bakersfield Sanitary Immediate Goal: Remediation of Violations regarding erosion The City will modify the original Landfill/Burn Dump burn material to reduce/eliminate control have largely been Draft Closure Plan to integrate the Closure. the health risks associated withabated. The LEA has ongoing burn dump closure with the landfill burn ash. concerns regarding the closure. SWIS #: 15-AA-0044 unauthorized access .to the site . ,-.=,.,,.,~.t,~,,"' ...." ' :--, ,.,,-' '~-,, ,0- ,o,'--,,.,,,,,,,,,0.,-":"'--'~',,=,,---,0 by off road vehicles. ~ Residential properties which are LEA WO #: 102 and 319 ~,=,o o,., ,o ,.-.,.,,,,y ~,~,., ,,.,.-., ~, .,., ' owned by the City, and remediated ,~oo ,, ,o,,., ,o ,.,, ,, ,o ,.,.,,vo, Continued developm nt of under direction of the State Sections 10, 11, 14, and ,-...F,,-,o,,,o -,,,,,t v--/. perimeter access road, and sale Department of Toxic Substances 15, T29S, R28E Completed 8/29197 'of remediated properties on Control, have been listed for real 4200 Panorama Drive Panorama. estate sale. Long Term Goal: Property Owner: Closure of the sanitary landfill City of Bakersfield and and burn dump in compliance No Change other private individuals with Title 27, CCR. China Grade Burn lr~msdiat~ Goal' P.~mediation ofThe Final Notice and',Order for LEA staff will conduct routine Dump/Landfill Closure b~,,,, ,,,.-,,o, ,o, ,,,,,, ,,,, ,,=,, ,,.,,,,, submittal of complete closure inspections of the burn dump boundaries, to r~duc~/~li,,"~inst~ plans to the LEA for the landfillareas within the legal boundary of SWIS #: 15-AA-0048 .,-A ~. ,,~. , .., · ,,o ,,~,=,,,, ,,o,.o ~oo.,..,o,,=,., .,., portion was com eted and the landfill. ,.,u,,, ~=o, ,. Completed June 4, 1997. issued April 29th. LEA WO #: 108 LEA staff will monitor compliance Long Term Goal: r.~ with the Notice and Order. Location: Closure of the sanitary landfill Sections I & 12, T29S, and burn dump in compliance R29E with Title 27, CCR. ,; Property Owner: Kern County No Change K & D Salvage Landfill Immediate Goal: Obtain status Substandard site conditions and The State Department of Toxic review from State Department of a laCk of regulatory oversite bySubstances Control will be issuing, SWIS #: 15-AA-0103 Toxic Substances Control. State Department of Toxic an enforcement cleanup order in Regrade site, eliminate drainageSubstances Control. LEA will late 1998 or 1999. The State LEA WO #: 267 from Daniel's Lane. Fence refer nuisance complaints to theDepartment of Toxic Substances property to assure site security. State Department of Toxic Control is applying for US Location: Substances Control and the City Environmental Protection Agency 600 So. Union Long Term Goal: Code Enforcement I grant funding to resample the site. Section 5, T30S, R28E Closure of Landfill in compliance with Title 14 Closure Standards. Properly Owner: Alan Daniels No Change No Change August 25, 1998 * SWIS = Solid Waste Information System number issued by the California Integrated Waste Management Board (CIWMB). ** LEA WO# = Local Enforcement Agency Work Order number used by EHSD. BAKERSFIELD PUBLIC WORKS DEPARTMENT MEMORANDUM TO: Alan Tandy - City Manager FROM: Raul M. Rojas-Public Works Director/~~......~. DATE: August 31, 1998 SUBJECT: ALLEN ROAD TRUNK SEWER Council Referral Record #WFO017944 /001 I Council referred the issue of County's payment for their portion of the Allen Road Trunk Sewer I I project to Intergovernmental Relations Committee for action ~f County fails to pay by 10/01/98. ^ COpy of our letter to the County is attached concerning the payment of the County's share of the construction cost of the ^lien Road and Buena Vista II Trunk Sewer Lines, with a deadline for response by October 1, 1998. If we do not receive a response from County by October 1, the City will consider the County to have breached the GS^-71 Construction Cost Reimbursement agreement and will deem said agreement terminated. The issue of County's payment will be heard at the City/County Intergovernmental Relations Committee on Thursday, September 3, 1998 at 12:15 p.m. at the Bakersfield Convention Center, Truxtun Room. copy: Robed Sherry, Acting City Attorney Marian P. Shaw, Civil Engineer IV G:\GROUPDA~Referrals~,llenRdTrunkSwrW F0017944.wpd BAKERSFIELD PUBLIC WORKS DEPARTMENT 1501 TRUXTUN AVENUE BAKERSFIELD. CALIFORNIA 93301 (80~) 326-3724 RAUL M. ROJAS. DIRECTOR · CITY ENGINEER August 28, 1998 County of Kern Resource Management Agency 2700 "M" Street Bakersfield, CA 93301 Attention: David Pdce III Director Subject: CSA 71 Sewer Trunk Lines Construction Cost Reimbursement Dear Mr. Price: At the City Council meeting of August 12, 1998, the Council directed staff to contact the County regarding the payment of the County's share of the construction cost of the Allen Road and Buena Vista II Trunk Sewer Lines, with a deadline for response of October 1, 1998. We therefor request payment to the City of these costs with either the full payment or a binding agreement with a defined timeline for payment. If we do not receive this response by October 1, 1998, the City will consider the County to have breached the CSA- 71 agreement and will deem the agreement terminated, Very truly yours, Public Works Director c: Alan Tandy, City Manager Chuck Lackey, Engineering and Surveying Services Director Jacques R. LaRochelle, Engineering Services Manager Marian P. Shaw, Civil Engineer IV G:\GROUPDAT~CSA7 l\payrnent.wpd City of Bakersfield *REPRINT* WORK REQUEST PAGE 1 R_~EQ/~OB: WF0017944 / 001 PROJECT: DATE PRINTED: 8~28~98 - ~ REQUEST DATE: 8/12/98 CREW: SCHEDULE DATES START: 8~12~9~ LOCATION: COMPLETION: 10/01/9 GEN. LOC: CITY WIDE FACILITY NODES FROM: FACILITY ID: TO: REF NBR: CC. 8. REQ DEPT: CITY COUNCIL REFERRAL PRIORITY: HIGH REQUESTOR: REFERRAL - CITYWIDE ORIGIN: CITY COUNCIL REFERRAL USER ID: PLAWRENCE WORK TYPE: REFERRAL DESCRIPTION: ALLEN ROAD TRUNK SEWER REQUEST COMMENTS REFERRAL TO INTERGOVERNMENTAL RELATIONS COMM - STINSON*** COUNCIL REFERRED THE ISSUE OF COUNTY'S PAYMENT FOR THEIR PORTION OF THE ALLEN ROAD TRUNK SEWER PROJECT TO INTERGOVERNMENTAL RELATIONS COMMITTEE FOR ACTION IF COUNTY FAILS TO PAY BY 10/01/98. Job Order Description: ALLEN ROAD TRUNK SEWER at~gory: INTERGOVERNMENTAL REL COM asK: RESPONSE TO REFERRAL Assigned Department: INTERGOVERNMENTAL REL COM START DATE / / COMPLETION DATE / / RES(~URCE MANAGEMENT AGENCY DAVlD PRICE ill, Dm£CTOR Co~UI~iP/Devel,~pmen! P~m Dep~ment · ~ ~ Suwey S~i~ Depa~e~t, Envim~eM~ Hcal~ ~ic.; Dep~em - P~nnin9 Dep~em - R~ Phon~; (805) ~800 ~ 2700 "M' STRE~ SUITE 350 (800) 552-5376 Opt~n 5 ~ B~RSFIELO, CA ~301-~70 Relay: (800) ~-~29 e-m~l: rma~mcoun~om August 27, 1998 ~,,~.: :~ ~.~ .. ;..: -. Raul M. Rojas, Dire~or City of Bakemfield Public Wor~ Depa~ment 1501 T~un Avenue Bakersfield CA 93301 ' Re: County So,ice ~ea (C.S.A.) 71 Sewer Trunk Line Cost Reimbursement Dear Mr. Rojas: The County is in receipt of your leper of July 14, 1998. We are currently reviewing ~e data which your offi~ had fo~arded to us to justi~ the a~ual per~ntage of ~e costs for which Coun~ residents ere at this time responsible. I am pleased, however, to rea~rm · at C.S,A. 71 has $2.0 million available for immediate remi~ance to the City to reduce ~e ~st to County residents desiring connection to the sewer system, in a~rdan~ with the C.S.A. 71 Agreement (Agreement). HoWever, Paragraph 10 of the Agreement, spedfically provides for reimbursement of ~e balance of the County share of Ci~ ~nstruction ~sts from ~nne~ion fees. These fees would be in an amount required to reimburse the City for the balance of ~nstm~ion costs not reimbursed by the Count, s payment of funds from the C.S.A. 71 Capital Improvement A~ount. Our position regarding reimbursement has ~nsistently relied on this language whi~ was n~gc,,s,~d with and ~ *~ by *h~ Cib/at ~h~ ~im~ of ~h~ Ag~~ Your request for up front payment by the County of all cons~u~ion ~sts is ~ntra~ to this express language and would require an amendment to the existing Agreement_ This reversal from the negotiated agreement a~er nine years of relian~ by the County puts us in a difficult position. Neve~heless, if there is language in the Agreement {o suppo~ your request for advan~ payment of the remaining County ~st share please advise me and we will review it. Additionally, the Board of Supewisors understands the longer term, ongoing need to pursue the issue of securing conne~ions to the sewer system. Staff is cuffently initiating action to review ~is matter and address the related poli~ issues. The first ~mponent in · is proje~ is a soon to be proposed revision to the County. land division ordinance ~at would in,ease the distance threshold for requiring connection be~een a subdivision and an available sanita~ sewer system. Printed on Recycle~l Pa£¢r ~' TO0[~ S~l~t 3I~II~]c[ tt 0 ;3 /.~OT 9~C ~0~,~ 9~:9T t~6/C0/60 MR. RAUL M. ROJAS AUGUST 27, 1998 Page 2 The County remains dedicated to upholding its contractual obligations as outlined in our C.S.A. 71 agreement. The County's initiation of a policy review on the c~3nnection issue and its willingness to immediately remit $2.0 million signifies our intent to resolve this issue to our mutual satisfaction. If you have any questions regarding this matter please don't hesitate to call me at 882-8802 or Chuck Lackey at 862-5095. Sincerely, David Price III Director C, Lackey - ESS T. J~nte~ - Planning BAKERSFIELD Alan Tandy · City Manager September 2, 1998 Mr. David Price III, Director Resource Management Agency 2700 M Street, Suite, #350 Bakersfield, CA 93301 Dear Mr. Price: Thank you for your letter to Raul Rojas of August 27, 1998, on the subject of CSA-71 Sewer Trunk Line Cost Reimbursement. We do not agree, and have not ever agreed, with the interpretation of the CSA-71 contract that you attempt to argue in your letter. In point of fact, the County of Kern has, itself, recognized that there is no "free lunch" by paying, up front, its proportionate share of design costs for the Allen Road and Buena Vista Road II sewer trunk lines. It is, essentially, the same formula for design that now pertains to the construction of those facilities. It would appear that, because you do not have enough money on hand (you have $2.0 of a needed $3.6 million), you wish to interpret the agreement differently than you did at the design stage. In your letter, you attach and mark sections from pages 1,7, and 8 of the CSA-71 agreement. Those sections are pulled out of context and with an interpretation that we are not in agreement with. Here are some other sections and interpretations to look at: 1) Paragraph 8 "nor shall it prohibit City from charging an additional connection charge or surcharge to pay the cost of extending the City's Buena Vista sewer trunk line from the intersection of White Lane and Buena Vista Road to the City's Wastewater Treatment Plant #3". This is clear, as up front charges to the County were always contemplated. 2) Paragraph 10. You have apparently interpreted the starting language "At the time of connection to the sewer..." to mean a single house connection. Our interpretation is that the language refers to connecting CSA-71 to the City system. In other words, the Allen Road trunk connects CSA-71. The section goes on to authorize charges for that. The section refers to assessment districts. We are fine with that as the source of your payments, or you may use any other source you prefer. City of Bakersfield · City Manager's Office · 1501 Truxtun Avenue Bakersfield · California · 93301 (805) 326-3751 · Fax (805) 324-1850 Mr. David Price III September 2, 1998 Page 2 3) The entire agreement assumes that the County will have mechanisms in place to assure that constructed areas connect to the system, and that connection fees would come in. For the last six years, we have awaited the implementation of those policies, but nothing has happened. On the larger scale, it is absurd to assume the City should pay millions of dollars in costs to provide sewer plant and mainline capacity for your flow, when you do not implement policies which allow for and require anyone to connect to the system. Until, and unless, you have such policies in place, the incurrence of costs is a waste of money and is not required by the CSA-71 agreement. Nonetheless, we wish to deal with this matter in a positive way with the outline that follows: 1) City and County agree that, within 120 days, the entire CSA-71 agreement will be rewritten to eliminate loose and ambiguous language and to update it for current time frame. 2) The County will pay the City the $2.0 million, and we will, in the context of the rewrite of the agreement, shrink down the boundaries of the CSA service area, so that the $2.0 million covers the costs for the area you get service for. When, and if, you develop additional revenue streams and/or implement policies that provide revenue, the original boundaries could be added back at the time the financial obligations were met. We believe this provides the outline of a positive resolution for all parties. Sincerely, City Manager ~ AT:rs c: Scott Jones, County Administrative Officer Raul Rojas, Public Works Director BAKERSFIELD PUBLIC WORKS DEPARTMENT MEMORANDUM TO: ALAN TANDY, CITY MANAGER FROM: RAUL M. ROJAS, PUBLIC WORKS DIRECTOR ~-'-'~.//~__~ DATE: NOVEMBER 2, 1998 RE: 1997-98 RESURFACING VARIOUS STREETS Councilmember Mark Salvaggio requested the list of the major streets awarded at the Council meeting of August 26, 1998. The 1997-98 Resurfacing Various Streets project will begin construction later this month. This project includes the streets listed below: California Avenue P Street to Union Avenue Chester Avenue 508 Chester Avenue to Brundage Lane Truxtun Avenue Empire Street to A Street 17th Street Q Street to Union Avenue Columbus Street Auburn Street to Panorama Ddve Panorama Drive Fairfax Road to 4908 Panorama Drive University Avenue Camden Street to La Costa Street Fruitvale Avenue Hageman Road to Olive Drive Stine Road Wilson Road to Park Circle Drive Hughes Lane Wilson Road to Ming Avenue South H Street Arvin-Edison Canal to Panama Lane White Lane Wible Road to Hughes Lane As a part of resurfacing, the medians along California Avenue will be reconstructed, leaving access at P Street, S Street, and Union Avenue. A traffic signal modification at California Avenue and P Street to accommodate dual left turns will also be included. In addition, storm drain improvements will be constructed at the following three locations: Truxtun Avenue at Jastro Park Fruitvale Avenue at Hageman Road . Stine Road between Ardmore Street and Ming Avenue. As a condition to the construction specifications, work along Truxtun Avenue will be resurfaced pdor to the opening of Bakersfield Centennial Garden. Resurfacing will also need to be complete along Hughes Lane prior to the Thanksgiving holiday. G:\GROU PDAT~Referrals\ward7memo.wpd BAKERSFIELD PUBLIC WORKS DEPARTMENT MEMORANDUM Date: September 2, 1998 To: Alan Tandy, City Manager From: Raul Rojas, Public Works Director ,/~"n~L~ ~ Subject: Council Referral Number WF0017945 S Street Amtrak Station The new AMTRAK Station building is being designed so that it can be expanded in the future to accommodate the future high speed rail. The station building envelope is being planned as a two story structure. This vertical aspect of the station building facilitates a future remodel to connect to an elevated platform for the high speed rail should it be an above ground facility. There will be some open space around the station building to allow for horizontal expansion in the event that the high speed rail does not need an elevated platform. The number of parking stalls that are provided on the site exceeds the number required by AMTRAK for the size of station we are constructing now. These extra stalls will be there for when the expanded station building. S:\PROJECTS~ARNOLDLS~MTRAK.STA\DESIGN_STATION BUILDING AND SITE\REFERRAL 9 01 98.wpd City of Bakersfield *REPRINT* WORK REQUEST PAGE 1 ~E~Q~JOB: WF0017945 / 001 PROJECT: DATE PRINTED: 8Z28Z98 REQUEST DATE: 8/26/98 CREW: SCHEDULE DATES START: u~26~9~ LOCATION: ~ COMPLETION: 9/08/9 GEN. LOC: WARD4 FACILITY NODES FROM: FACILITY ID: TO: REF NBR: WKSHP 2. s. REQ DEPT: CITY COUNCIL REFERRAL PRIORITY: HIGH REQUESTOR: REFERRAL - MCDERMOTT ORIGIN: CITY COUNCIL REFERRAL USER ID: PLAWRENCE WORK TYPE: REFERRAL DESCRIPTION: AMTRAK STATION/HIGH SPEED RAIL REQUEST COMMENTS ***REFERRAL TO PUBLIC WORKS*** MCDERMOTT REQUESTED STAFF PROVIDE HIM WITH INFORMATION REGARDING HOW THE HIGH SPEED RAIL WILL BE INCORPORATED INTO THE NEW AMTRAK STATION DESIGN. Job Order Description: AMTRAK STATION/HIGH SPEED RAIL Catggory: PUBLIC WORKS Task: RESPONSE TO REFERRAL Assigned Department: PUBLIC WORKS START DATE / / COMPLETION DATE / / BAKERSFIELD PUBLIC WORKS DEPARTMENT MEMORANDUM TO: .~ ALAN TANDY, CITY MANAGER _/~/~FROM RAUL ROJAS, PUBLIC WORKS DIRECTOR DATE: SEPTEMBER 1, 1998 SUBJECT: STREET REPAIRS ON PACHECO ROAD Council Referral WFO017949 / 001 ICouncilmember Salvaggio requested staff repair Pacheco Road between Fairview Road and South "H" Street. Fairview Road between Union Avenue and Hughes Lane is in good condition and does not require any maintenance at this time. Pacheco Road between Eve Street and South "H" Street is also in good condition. However, Pacheco Road between South "H" Street and Hughes Lane needs to be cracked sealed. Street Division crews will be crack sealing South "H" Street between White Lane and Panama Lane during the latter part of October 1998. Pacheco Road between South "H" Street and Hughes Lane will be added to the crack sealing list and it will also be done in October 1998 or early November 1998, depending on when the crack sealing on South "H" Street is completed. :; i', Sl:.P - 2 1998 G:\GROUPDAT~STREETS\PACHECO.ROAD.wpd City of Bakersfield *REPRINT* WORK REQUEST PAGE 1 RBQ'/JOB: WF0017949 / 001 PROJECT: DATE PRINTED: 8~28~98 REQUEST DATE: 8/26/98 CREW: SCHEDULE DATES LOCATION: COMPLETION: 8/9~ GEN. LOC: WARD7 FACILITY NODES FROM: FACILITY ID: TO: REF NBR: COUNCIL ~'l'~'l'~ REQ DEPT: CITY COUNCIL REFERRAL PRIORITY: HIGH REQUESTOR: REFERRAL - SALVAGGIO ORIGIN: CITY COUNCIL REFERRAL USER ID: PLAWRENCE WORK TYPE: REFERRAL DESCRIPTION: REPAIR OF SOUTH H STREET REQUEST COMMENTS ***REFERRAL TO PUBLIC WORKS*** SALVAGGIO REQUESTED STAFF REPAIR PACHECO ROAD BETWEEN FAIRVIEW ROAD AND SOUTH H STREET. Job Order Description: REPAIR OF SOUTH H STREET Cat~gory: PUBLIC WORKS Task: RESPONSE TO REFERRAL Assigned Department: PUBLIC WORKS START DATE / / COMPLETION DATE / / BAKERSFIELD PUBLIC WORKS DEPARTMENT MEMORANDUM TO: ALAN TANDY, CITY MANAGER FROM: PAUL M. ROJAS, PUBLIC WORKS DIRECTOR ~,~~ DATE' SEPTEMBER 2, 1998 SUBJECT: WESTCHESTER AREA NEIGHBORHOOD MEETING Council Referral Record #WFO017953 / 001 Councilmember Patricia DeMond requested staff hold a neighborhood meeting regarding distribution of traffic monies for the residents in the area north and south of 24a Street near Beech Street by the end of September. A public Workshop has been scheduled for Wednesday, September 30, 1998 at 5:30 p.m. in the Council Chambers of City Hall, 1501 Truxtun Avenue to discuss various concerns in the Westchester Area Neighborhood. Copy: Jacques R. LaRochelle Engineering Services Manager G:\GROUPDA'~Referrals~AllenRdTrunkSwrW F0017953.wpd City of Bakersfield *REPRINT* WORK REQUEST PAGE 1 REQ~J~B: WF0017953 / 001 PROJECT: DATE PRINTED: 8~28~98 REQUEST DATE: 8/26/98 CREW: SCHEDULE DATES START: 8~26~98 LOCATION: COMPLETION: 9/30/98 GEN. LOC: WARD2 FACILITY NODES FROM: FACILITY ID: TO: REF NBR: COUNCIL s~'s REQ DEPT: CITY COUNCIL REFERRAL PRIORITY: HIGH REQUESTOR: REFERRAL - DEMOND ORIGIN: CITY COUNCIL REFERRAL USER ID: PLAWRENCE WORK TYPE: REFERRAL DESCRIPTION: WESTCHESTERAREA NEIGHBORHOOD MEETING REQUEST COMMENTS ***REFERRAL TO PUBLIC WORKS*** DEMOND REQUESTED STAFF HOLD A NEIGHBORHOOD MEETING REGARDING DISTRIBUTION OF TRAFFIC MONIES FOR THE RESIDENTS IN THE AREA NORTH AND SOUTH OF 24TH STREET NEAR BEECH STREET BY THE END OF SEPTEMBER. Job Order Description: WESTCHESTER AREA NEIGHB'ORHOOD MEETING atpgory: PUBLIC WORKS asK: RESPONSE TO REFERRAL Assigned Department: PUBLIC WORKS ~TART DATE / / COMPLETION DATE / / BAKERSFIELD PUBLIC WORKS DEPARTMENT MEMORANDUM TO: ALAN TANDY, City Manager FROM: RAUL ROJAS, Public Works Director DATE: September 3, 1998 SUBJECT: WHITE LANE MEDIAN IMPROVEMENTS Council Referral WFO017950 / 001, Sullivan } Councilmember Sullivan requested staff look into the possibility of improvingmedians on White Lane east of Gosford. Bids for the construction of median islands in White Lane from west of Wible Road to west of Akers Road will be opening September 22nd. These median islands will have concrete curbs, hardscape at the median noses and an 18" wide hardscape strip along each edge of the median island. An asphalt cap will be installed over the dirt area between the hardscape areas. These as well as other existing asphalt covered median islands in White Lane could be landscaped at a cost of between $30 and $40 per lineal foot depending upon if hardscape is existing and the amount of demolition required. However, previous City policy has been that a maintenance district be in place to pay for landscaping maintenance prior to installing landscaping. Formation of a maintenance district would require canvassing the property owners' adjacent to White Lane to obtain signatures in support of formation of a maintenance district. If two-thirds of the property owners were in favor of the formation, staff would begin the formation process which would include balloting procedures as required by · Proposition 218 (a simple majority vote is required to form the district). It is anticipated that this process would take at least 4 months to complete. Funds would then need to be budgeted to pay for the landscaping installation. City of Bakersfield *REPRINT* WORK REQUEST PAGE 1 REQ/JOB: WF0017950 / 001 PROJECT: DATE PRINTED: 8~28~98 REQUEST DATE: 8/26/98 CREW: SCHEDULE DATES START: 8~26~98 LOCATION: COMPLETION: 9/08/98 GEN. LOC: WARD6 FACILITY NODES FROM: FACILITY ID: TO: REF NBR: COUNCI~ ~TMT$ REQ DEPT: CITY COUNCIL REFERRAL PRIORITY: HIGH REQUESTOR: REFERRAL - SULLIVAN ORIGIN: CITY COUNCIL REFERRAL USER ID: PLAWRENCE WORK TYPE: REFERRAL DESCRIPTION: WHITE LANE MEDIAN IMPROVEMENTS REQUEST COMMENTS ***REFERRAL TO PUBLIC WORKS*** SULLIVAN REQUESTED STAFF LOOK INTO THE POSSIBILITY OF IMPROVING MEDIANS ON WHITE LN. EAST OF GOSFORD. Job Order Description: WHITE LANE MEDIAN IMPROVEMENTS Cat~gory: PUBLIC WORKS Task: RESPONSE TO REFERRAL Assigned Department: PUBLIC WORKS START DATE / / COMPLETION DATE / / BAKERSFIELD PUBLIC WORKS DEPARTMENT MEMORANDUM TO: ALAN TANDY, CITY MANAGER FROM: RAUL M. ROJAS, PUBLIC WORKS DIRECTOR/~~~ ~ DATE: September 2, 1998 SUBJECT: COUNCIL REFERRAL WF0017951/001, WARD 1, STOP SIGN AT 8T" AND T STREETS. 'CARSON REQUESTED STAFF REPEAT THE REVIEW OF THE INTERSECTION AT 8rn AND T STREETS FOR PLACEMENT OF A STOP SIGN PRIOR TO SCHOOL STARTING." The Traffic Engineering staff have scheduled data collection of traffic volumes and operations of the intersection at 8t' and T Streets to be taken between September 8 and September 11, 1998. This will allow any school related traffic to be considered in the analysis of the intersection operation. A recommendation from the Traffic Engineer will follow after the data is analyzed. cc: Traffic Engineer slw: P:\DATA\WP\1998\WF0017951.8th.and. T.stop. ref. wpd 4 Page 1 of 1 ~ ~. City of Bakersfield *REPRINT* WORK REQUEST PAGE 1 REQ/JOB: WF0017951 / 001 PROJECT: DATE PRINTED: 8~28~98 REQUEST DATE: 8/26/98 CREW: SCHEDULE DATES STAR~I": 8~26~98 LOCATION: COMPLETION: 9/08/98 GEN. LOC: WARD1 FACILITY NODES FROM: FACILITY ID: TO: REF NBR: COUNCIb REQ DEPT: CITY COUNCIL REFERRAL PRIORITY: HIGH REQUESTOR: REFERRAL - CARSON ORIGIN: CITY COUNCIL REFERRAL USER ID: PLAWRENCE WORK TYPE: REFERRAL DESCRIPTION: STOP SIGN AT .8TH AND T STREETS REQUEST COMMENTS ***REFERRAL TO PUBLIC WORKS*** CARSON REQUESTED STAFF REPEAT THE REVIEW OF THE INTERSECTION AT 8TH & T STREETS FOR PLACEMENT OF A STOP SIGN PRIOR TO SCHOOL STARTING. Job Order Description: STOP SIGN AT 8TH AND T STREETS  at~gory: ~-PUBLICIWORKS .... asK: RESPONSE TO REFERRAL Assigned Department: PUBLIC WORKS START DATE / / COMPLETION DATE / / BAKERSFIELD PUBLIC WORKS DEPARTMENT MEMORANDUM TO' ALAN TANDY, City Manager FROM: RAUL ROJAS, Public Works Director Z.~~/~ DATE: SEPTEMBER 2, 1998 SU~,JECT: SMOKETREE MOBILE HOME ESTATES SOUNDWALL Councilmember Mark Salvaggio requested staff provide him with a brief history of the project and the City's efforts to get a soundwall constructed for the Smoketree Mobile Home Park. In September of 1995, Councilmember Salvaggio and the Smoketree Mobile Home Park Manager contacted Caltrans regarding the loud freeway noise residents of the Park often hear. Caltrans personnel came down from Fresno and set up equipment to see how loud the noise was. Their equipment showed that the noise was loud enough that a sound wall should be constructed. Caltrans also said that there might be State tax money available to construct the wall. Nevertheless, they also said that a bigger more complicated study was needed before Caltrans could make a final decision whether to construct and pay for the wall. They said community involvement was needed in order for this more complicated study to occur. Over the next year, Councilmember Salvaggio and City staff both contacted Caltrans about getting this more complicated study started, but their time and budget evidently did not allow them to begin the study. By the Spdng of 1997, it seemed apparent that the City would have to complete the study if we wanted it done, and this Department was asked to begin the study. We contacted Caltrans and found out what information they needed in this study. We did not have staff or equipment available for this study, so we asked a consultant to provide a cost for this study. This cost was about $25,000. The City completed another project at a lower than expected cost, and was able to save $25,000 to hire this consultant to complete the study. The study should be complete this October. · City staff is planning to have a community meeting at the Mobile Home Park (the Manager says they have a room available) so residents can look at the study and ask questions. Once the study is complete, Caltrans still has to place the soundwall on its approved list of projects, and funding has to be obtained to construct the wall. c: Jacques LaRochelle, Engineering Services Manager Ted Wright, Civil Engineer IV-Design SEP - ~1 1998 .' SIT¥ ~AN£,GE~-~'S OFFICE (~ :\G RO U PDA'~Referrals\090298M S.wpd