HomeMy WebLinkAbout10/09/98 BAKERSFIELD
CITY MANAGER'S OFFICE
MEMORANDUM
October 9, 1998
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: ALAN TANDY, CITY MANAGER
SUBJECT: GENERAL INFORMATION
1. Centennial Garden - We have every reason to believe that we will see the Los
Angeles Kings here every year. Next year, we will "shoot for" an NBA exhibition
game, as well.
Personal prediction - get your tickets early. I believe the World Wrestling Federation
event on November 20th will be the Garden's first sell out.
The suites are now sold out.
Actions are already being taken on sound issues, lines at concession stands, and any
other items that were there during the opening weekend. Sell outs will have lines, but
we will have more points of sale for concessions.
2. The City Attorney's office has done some research on how claims and/or lawsuits are
handled in other cities that have skateboard parks. Their memo and legal opinion
regarding the possible construction of such a park in Bakersfield is attached.
3. Street work on Truxtun Avenue: Per the enclosed memo from Public Works, it is
anticipated that storm drain work on westbound Truxtun near Jastro Park will take
place next Monday. Paving should be next Wednesday or Thursday.
4. The next phase of conversion to automated refuse service in contractor-served areas
will begin October 26th. It will affect 6,000 homes. These areas will receive both
greenwaste and refuse pick up on the same day of the week, rather than on two
separate days. The haulers will pass each house twice in one day in order to
accomplish this. A memo is attached with highlighted maps showing the areas that
will be affected as of the 26th.
Honorable Mayor and City Council
October 9, 1998
Page 2
5. Responses to Council requests are enclosed, as follows:
· Investigate the possibility of including landscaping of median islands on White
Lane east of Gosford Road in next year's budget;
· Provide outline of process to close the east end of Filson Street and turn it into a
cul-de-sac;
· Respond to concerns regarding pavement on the closed lane at Panorama Drive
and River Boulevard and investigate strategy of increasing financing for future
road improvements.
6. Enclosed is a press release announcing that the Bakersfield Enterprise Zone is
ranked second statewide in hiring Iow-income and unemployed workers.
AT:rs
cc: Department Heads
Pamela McCarthy, City Clerk
Trudy Slater, Administrative Analyst
MEMORANDUM
October 1, 1998
TO: ALAN TANDY, City Manager
FROM: ROBERT M. SHERFY, Chief Assistant City Attorney
GINNY GENNARO, Deputy City Attorney/.. ~.
SUBJECT: Skateboard Park )
On September 17, 1998, our office met with Start Ford and Allen Abe, at their
request, to discuss the legal concerns that exist with the construction of a skateboard park.
As a result of this meeting, our office was asked to research how many claims and/or
lawsuits other cities with skateboard parks have experienced.
Pursuant to this request, our office obtained information from risk management on
the subject. According to Scott Manzer, there are skateboard parks in the cities of Palo
Alto, Modesto, Mountain View, and Monterey. Visalia is in the process of constructing one.
These cities are within the ACCEL group and, as you know, have other similarities to the
City of Bakersfield. None of the cities mentioned above has been involved in lawsuits
involving skateboard accidents. Palo Alto, which has had a skateboard park in existence
for over ten years, has a history of one claim being filed. The claim was denied and no
lawsuit was filed.
In 1997, the California Health & Safety Code was amended to provided that
skateboarding "at any facility or park owned or operated by a public entity" is a hazardous
recreational activity. That is, a city can claim immunity under the Government Code if it
is sued as'a result of a skateboard incident. However, the immunity only applies if the
minor is at least 14 years old, the incident involved a trick, stunt or luge skateboarding,
and appropriate signage was posted at the park. In addition, the new law requires a City
to maintain and report all known or reported injuries incurred in a public skateboard park
or facility. These reports are to be filed with the Judicial Council every year through 2003.
The above research does not change the opinion of the City Attorney's office that
construction of a skateboard park will provide an additional avenue for litigation against
the City of Bakersfield. The fact that California cities have not experienced any
claims/lawsuits concerning skateboard accidents is no guarantee that Bakersfield will be
immune from litigation. Finally, if a skateboard park is planned, the City Attorney's Office
THIS MEMORANDUM IS EXEMPT FROM DISCLOSURE AND IS PROTECTED
BY THE ATTORNEY/CLIENT AND ATTORNEY WORK PRODUCT PRIVILEGES.
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ALAN TANDY, City Manager
October 1, 1998
Page 2
recommends that the City retain a "design expert" and that such plans are approved by the
City Council so the City can claim the typical "design immunity" defense~ if litigation is
pursued,
If we can be of any further assistance to you in this issue, please feel free to call.
GG:cj
cc: Stan Ford, Recreation and Parks Director
Allen Abe, Assistant Parks Superintendent
Scott Manzer, Risk Manager
~The "design immunity" defense is a different immunity than the "skateboard"
immunity. However, it is usually difficult for public entities to prevail in court on any
immunity.
THIS MEMORANDUM IS EXEMPT FROM DISCLOSURE AND IS PROTECTED
BY THE ATTORNEY/CLIENT AND ATTORNEY WORK PRODUCT PRIVILEGES.
S:~PARKS~VlEMOS~skatebrd.mmo.wpd
BAKERSFIELD
PUBLIC WORKS DEPARTMENT
MEMORANDUM
TO: ALAN TANDY, CiTY MANAGER
FROM: PAUL M. ROJAS, PUBLIC WORKS DIRECTOR j/~/'~._~--j
DATE: OCTOBER 9, 1998
RE: TRUXTUN AVENUE PAVlNG
It is anticipated that storm drain work on westbound Truxtun Avenue near Jastro Park
will take place Monday of next week. Truxtun Avenue will be paved next Wednesday or
Thursday. We will know more by Monday.
G:\G ROU PDAT~Referrals\Tmxtu nAvePaving.wpd
BAKERSFIELD
MEMORANDUM
DATE: October 8, 1998
TO: Alan Tandy, City Manager
FROM: Raul Rojas, Public Works Director
SUBJECT: AUTOMATED REFUSE AND GREENWASTE RECYCLING UPDATE
Another phase of conversion to automated refuse service in contractor-served areas will
occur October 26th. This is phase IV of V, and includes 6,000 homes in the areas
shown on the attached maps. The final phase will occur next spring, and will also
include about 6,000 homes.
The haulers plan to service the greenwaste and refuse carts both (separately) on the
same day of the week, rather than on two separate days. This means they will pass
each house twice on one day per week. According to the haulers, people are looking
forward to having both pickups on one day so they will not have to put carts out on two
separate days. This is to accommodate the hauling contractor's work schedule, and is
similar to single-day trash and recycling pickup schedules in many other cities.
Because it is a departure from the more common two-day schedule currently used
throughout the city, the haulers and staff will be making a greater effort to help
customers adjust to the new schedule.
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Attachments
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BAKERSFIELD
PUBLIC WORKS DEPARTMENT
MEMORANDUM
TO: ALAN TANDY, City Manager
FROM: RAUL ROJAS, Public Works Director
DATE: October 5, 1998
SUBJECT: WHITE LANE MEDIAN LANDSCAPING
Council Referral WFO0179 75/001, Sullivan
Councilmember Sullivan requested staff explore the possibility of including in next year's
budget the landscaping of median islands on White Lane east of Gosford Road.
For the last several years, prior to installation of any parkway landscaping, City policy has
required that a maintenance district, or some other means to pay for maintaining the landscaping,
be identified. As such, staff recommends that efforts to form a maintenance district begin prior to
initiating design work for the median islands in order to determine the viability of the district.
Median island improvements would include hardscape, irrigation system, and plant material, as
well as removing the asphalt pavement that currently exists within the median. Median curb
would also need to be constructed in areas where it does not exist. A cost of about $60.00 to
$70.00 per lineal foot could be assumed for this work. Funding for the project would probably
have to come from the Gas Tax Fund, the same source used to pay for all road maintenance and
most new capital roadway projects. Alternatively, General Fund monies could also be used to pay
for these improvements.
G:\GROUPDATLReferrals\ 100298at 17975.wpd
City of Bakersfield *REPRINT*
WORK REQUEST PAGE 1
REQ/JOB: WF0017975 / 001 PROJECT: DATE PRINTED: 9~25~98
REQUEST DATE: 9y23~98
CREW: SCHEDULE DATE~ ·
START: 9~23~98
LOCATION: COMPLETION: 10~05~98
GEN. LOC: WARD6 FACILITY NODES
FROM:
FACILITY ID: TO:
REF NBR: COUNCIL--5"I~T~
REQ DEPT: CITY COUNCIL REFERRAL PRIORITY: HIGH
REQUESTOR: REFERRAL - SULLIVAN ORIGIN: CITY COUNCIL REFERRAL
USER ID: PLAWRENCE WORK TYPE: REFERRAL
DESCRIPTION: WHITE LANE MEDIAN LANDSCAPING
REQUEST COMMENTS
***REFERRAL TO PUBLIC WORKS***
SULLIVAN REQUESTED STAFF EXPLORE THE POSSIBILITY
OF INCLUDING THE LANDSCAPING OF THE MEDIANS ON
WHITE LANE~ EAST OF GOSFORD, IN NEXT YEAR'S
BUDGET.
Job Order Description: WHITE LANE MEDIAN LANDSCAPING
TCat,egory: PUBLIC WORKS
asK: RESPONSE TO REFERRAL
Assigned Department: PUBLIC WORKS
START DA~E/ / CO~PLE~ON DATE / /
BAKERSFIELD
PUBLIC WORKS DEPARTMENT
MEMORANDUM
TO: ALAN TANDY, CITY MANAGER
FROM: RAUL M. ROJAS, PUBLIC WORKS DIRECTOR
DATE: October 6, 1998
SUBJECT: COUNCIL REFERRAL WF00179551001, WARD 1, UPDATE TO FILSON
STREET CLOSURE INFORMATION.
'~CARSON REQUESTED STAFF PROVIDE HER WITH AN OUT LINE OF THE PROCESS
TO CLOSE THE EAST END OF FILSON STREET AND TURN IT INTO A CUL-DE-SAC."
The Traffic Engineer completed his evaluation of the request to block the east end of Filson
Street, vacate a portion of the public street and construct a cul-de-sac. Although the
blocking of the street is not needed for traffic circulation or traffic safety, it will not adversely
affect the local neighborhood circulation. Blocking the east end at the intersection of Hale
Street will require all residents of Filson to use Cottonwood to enter and exit their street.
Cottonwood is observed to be a very Iow volume street and should be easy to use for
access to Filson.
Mr. Ricky Peterson, who represents the Filson Street residents, was contacted by the
Traffic Engineer. Mr. Peterson is asking that the street be close with a temporary barricade
until a permanent closure is built. He indicated that a petition of support for the closure had
been submitted.
Since the closure of Filson would only result in minor inconvenience to some residents of
the neighborhood, there are no apparent circulation problems and the neighborhood is in
support of the request, initiation of the street vacation process can be recommended.
slw: T:\pubwks\WF0017955. Update. FILSON.STREET.CLOSU RE. REF.wpd
Page 1 of 1
City of Bakersfield *REPRINT*
WORK REQUEST PAGE 1
REQ/JOB: WF0017955 / 001 PROJECT: DATE PRINTED:
REQUEST DATE: ~,u~/~
CREW: SCHEDULE DATE~
START: 9L09~98
LOCATION: COMPLETION: 9~21~98
GEN. LOC: WARD1 FACILITY NODES
FROM:
FACILITY ID: TO:
REF NBR: PUBLIC--S~7~fS'-
REQ DEPT: CITY COUNCIL REFERRAL PRIORITY: HIGH
REQUESTOR: REFERRAL - CARSON ORIGIN: CITY COUNCIL REFERRAL
USER ID: PLAWRENCE WORK TYPE: REFERRAL
DESCRIPTION: FILSON STREET CLOSURE
CONTACT
RICKY PETERSON Phone 1 805 - 8372463 (
1817 FILSON STREET Phone 2 -
)
BAKERSFIELD CA
REQUEST COMMENTS
***REFERRAL TO PUBLIC WORKS***
CARSON REQUESTED STAFF PROVIDE HER WITH AN OUTLINE
OF THE PROCESS TO CLOSE THE EAST END OF FILSON
STREET AND TURN IT INTO A CUL-DE-SAC.
Job Order Description: FILSON STREET CLOSURE
atpgory: PUBLIC WORKS
asK: RESPONSE TO REFERRAL
Assigned Department: PUBLIC WORKS
INSTRUCTIONS
The rg~ponsg proyideg a detailed process to close
a portion or a s~ree~.
START DATE/ / CO PLETIO DATE
BAKERSFIELD
PUBLIC WORKS DEPARTMENT
MEMORANDUM
TO: ALAN TANDY, City Manager
FROM: RAUL ROJAS, Public Works Director
DATE: October 6, 1998
SUBJECT: STREET REPAIRS / PANORAMA DRIVE AND RIVER BOULEVARD
Council Referral WFO017970/001, SMITH/DEMOND
1) Councilmember Smith requested staff respond to her concerns regarding pavement on the
closed lane at Panorama Drive and River Boulevard. 2) Councilmember DeMond echoed
Smith's concerns and requested staff look into a strategy of increasing financing for future
road improvements.
1) The Streets Division will be constructing some temporary pavement berms next week to channel run-off
around the eroded area so as to not aggravate the erosion problem that exists. A geotechnical report has been
prepared by a consultant that included recommendations for repairs. Plans and specifications are currently being
prepared based on these recommendations, and advertising for bids for the repair should occur the latter part of
this month.
2) Local road improvements currently are funded from three primary sources:
a) Gas Tax revenues received from the State which are based on population and miles of maintained
streets. Accordingly, as the City population increases through new development and annexations, additional gas
tax funds become available to the City. Of course, additional street miles to maintain are also added to the City
with annexations and development.
b) Transportation Development Fees collected with new development to mitigate its impacts to the
regional circulation system. These fees are limited to use for construction of new facilities shown on the approved
list of regional projects, and cannot be used for maintenance. Collection of these fees are dependent upon
development activity. Any increase in the fee, other than inflationary, would have to be based upon'a finding that
the current fee was not adequately mitigating the regional circulation impacts caused by new development.
c) Federal Gas Tax Funds (TEA-21) These funds come from the Federal government and can be used for
both new construction and maintenance. The amount of these funds is determined by the Federal government, and
they are apportioned based on population. The City has been receiving approximately $1.5 million from this
program the last several years. Based on funding of the latest program, the City is expecting an increase to about
$1.8 million annually.
Bonds could be sold to provide additional revenue for improvements, but payback of these bonds would come
from future year funds thus limiting future year projects. Payments for the Calloway Drive and Coffee Road
bonds are currently limiting Transportation Development Fee projects for the next few years. Assessment districts
are also being used occasionally to pay for new local subdivision related road improvements, and other cities have
used these districts to pay for more extensive regional road projects. Las Vegas is using several types of taxes to
fund road projects including a portion of hotel occupancy tax, a local sales tax, and a local gas tax. Various local
transportation groups have informally discussed pursuing a local sales tax for road improvements again in a few
years, but gaining its approval may be difficult.
Staff will continue to strive to achieve efficiencies on road improvement projects, allowing the City to get the
most "bang for its buck". And staff will also continue to pursue federal and state funds for road .improvement
projects and ensure the City gets its fair share of these monies. Any strategies or ideas Council may have
regarding funding of road improvements would be appreciated.
City of Bakersfield *REPRINT*
~ WORK REQUEST PAGE 1
REQ/~oB: WF00~?~0 / 00~ ~RO~ECT: REQUEs~DATE ~RINTED:DATE: ~72~Z'~~/2S/~
CREW: SCHEDULE DATES
START: 9~23~9
LOCATION: COMPLETION: ~070S79~
GEN. LOC: WARD3 FACILITY NODES
FROM:
FACILITY ID: TO:
REF NBR: COUNCIL--5"IT~S
REQ DEPT: CITY COUNCIL REFERRAL PRIORITY: HIGH
REQUESTOR: REFERRAL - SMITH/DEMOND ORIGIN: CITY COUNCIL REFERRAL
USER ID: PLAWRENCE WORK TYPE: REFERRAL
DESCRIPTION: STREET REPAIRS/PANORAMA AND RIVER BLVD.
REQUEST COMMENTS
~**REFERRAL TO PUBLIC WORKS***
1) SMITH REQUESTED STAFF RESPOND, IN WRITING, TO
HER CONCERNS REGARDING THE PAVEMENT ON THE CLOSED
LANE AT PANO~ DRIVE AND RIVER BLVD. 2) DEMOND
ECHOED SMITH S CONCERNS AND REQUESTED STAFF LOOK
INTO A STRATEGY OF INCREASING FINANCING FOR FUTURE
ROAD IMPROVEMENTS.
Job Order Description: STREET REPAIRS/PANORAMA AND RIVER BLVD.
Cat,egory: PUBLIC WORKS
TasK: RESPONSE TO REFERRAL
Assigned Department: PUBLIC WORKS
START DATE/ / COMPLETION DATE / /
- .. ~19/09/9S FRI 10:04 FAX 805 328 1548 BFL9 ECON & COMM DEV *~ CITY MGRS OFFICE ~001
CITY OF BAKERSFIELD & COUNTY OF KERN
For more information:
Jake Wager Bill Mungary Patrick Nevis
Economic Development Director Community Development Director Deputy Director
City of Bakersfield County of Kern Office of Business Development
(805) 326 3765 (805) 862 5050 California Trade & Commerce Agency
(916) 323 0459
October 9, 1998
For immediate release
Bakersfield Enterprise Zone ranks second statewide in
hiring Iow.income and unemployed workers
More than 1,300 jobs created in Bakersfield Enterprise Zone in 1997
Southeast Metropolitan Bakersfield's enterprise zone took more people off the welfare and
unemployment rolls last year than any other California enterprise zone except one, according to figures
released by the California Trade and Commerce Agency. Bakersfield's enterprise zone ranked second in
the number of vouchers issued during 1997; vouchers are certifications that eligible workers have been
hired by enterprise zone employers.
In 1997, 1,373 vouchers were issued by Employers' Training Resource (ERR) for people going to work
in Bakersfield's enterprise zone. Each voucher equals one eligible person being hired in the enterprise
zone. Last year was the first year Bakersfield had enterprise zone designation.
"These figures are significant, because they show how much Bakersfield has benefitted from having an
enterprise zone," said Jake Wager, Bakersfield Economic Development Director. "To have rated so high
in our first year of enterprise zone designation shows how useful the zone is to create jobs for those who
need them the most."
Portions of southeast metropolitan Bakersfield received enterprise zone status in 1997 as a result of
SB 2023, authored by State Senator Jim Costa. Prior to the designation, the area was an Incentive Area;
that designation did not provide the ease of use to employers that the enterprise zone now does.
"As the State and Local economy begins to improve, we are indeed fortunate to have the enterprise zone
designation to assure Metropolitan Bakersfield receives its fair share of new jobs," added Bill Mungary,
(more)
~ - , -10/09/98 FRI 10:04 FAX 805 328 1548 BFLD ECON & COffM DEV ~ CITY MGR$ OFFICE [~002
Enterprise Zone ranks second statewide in job creation
Page 2
Kern County Community Development Director. "It is refreshing to be part of a successful City/County
partnership which can be such a significant benefit to zone employers and eligible workers."
Enterprise zone employers can receive hiring credits when they hire individuals who fall into one of
several categories, including
· those receiving, or eligible to receive, subsidized employment, training, or services provided
through Employers' Training Resource;
· individuals who are economically disadvantaged, including those in welfare-to-work programs;
and,
· residents of a Targeted Employment A~'ea.
Only when an eligible worker is hired by an enterprise zone employer is a voucher issued. Therefore,
each voucher represents an eligible employee hired by an enterprise zone employer.
The only zone issuing more vouchers than Bakersfield is 1997 was Santa Ana.
The Bakersfield Emerprise Zone is one of 39 enterprise zones throughout California. The zones provide
state tax incentives to encourage jobs and investment. Bakersfield's Enterprise Zone is jointly
administered by the City of Bakersfield and County of Kern. Through an agreement with the City and
County, ETR provides vouchering services for enterprise zone employers.
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