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HomeMy WebLinkAbout12/23/05 · B A~ K':E R S F I E L D CITY MANAGER'S OFFICE MEMORANDUM December 23, 2005 TO: Honoralb~e Mayor and City Counci~ FROM: A~an Tandy, Cit~y Manager ~y~ks SUBJECT: Gensra~ ~n~orma~on 1. A sewer line failure has caused the closure of the intersection of Brundage and Mt. Vernon. It should be reopened by the end of the holiday season. A contractor had to be brought in, so an emergency expenditure item will appear on your next agenda. The area that failed was a part of a larger project being designed. We will be coming up with a plan to further accelerate that project for your future consideration. 2. At the special meeting on November 16th, a comment was made by the public indicating that Kern County has no restrictions on older diesel construction equipment, such as is found in Sacramento County. The recent rule changes . adopted by the San Joaquin Valley Air Pollution Control District on December 15th provide for funding of projects that upgrade dirty engines to cleaner models as a mitigation measure. A summary of the rule changes is attached. 3. Recreation and Parks staff would like to remind you about the "Polar Bear Plunge" at McMurtrey Aquatic Center on New Year's Day. It's not too late to sign up; contact Dianne Hoover if you;re interested! 4. Responses to Council requests are enclosed, as follows: Vice-Mayor Ma.q.qard · Staff investigation of other cities' experiencing train noise complaints and the possibility of implementing a movement to overturn the legislation; · Preparation of public information regarding the Highway 178 build-out; correSpondence to CalTrans requesting they expedite signals at Miramonte and Highway 178; preparation of a website video presentation of the Thomas Roads' projects (Councilmember Couch request); Honorable i~ayor and City Council December 23, 2005 Page 2 Councilmember Couch · Feasibility of partial opening of The Park at Riverwalk; · Speeding on Mountain Vista; · Background regarding code enforcement actions at 2918 Bucknell Street; Councilmember Hanson · Additional information regarding the Graffiti Secret Witness Program; Councilmember Sullivan · Preliminary evaluation of costs to purchase holiday decorations for the downtown and the arena and convention center. Councilmember Scrivner · Update on the feasibility of using certain plants to discourage graffiti on block walls. AT: rs cc: Department Heads Pamela McCarthy, City Clerk News Release · .~F~'': ;~xir PO For Immediate Release North District Media Conts_ct - Modesto Anthony Presto: (209) 557-6400 TO: Central District Media Contact - Fresno Local news and business Kelly Hogan Malay: (559) 230-6000 sections South District Media Contact - Bakersfield Brenda Turner: (661) 326-6900 New developments to reduce air-pollution emissions 'Indirect Source ReView' adopted by Air District governing board (Fresno, CA) - Developers in the San Joaquin Valley will begin reducing air-pollution emissions created by new projects under a rule adopted today by the governing board of · the San Joaquin Valley Air Pollution Control District. Rule 9510, Indirect Source Review; requires developers of larger residential, commercial and industrial projects to reduce smog-forming and particulate emissions from their projects' baselines. The rule will reduce nitrogen oxides and particulates throughout the Valley by 10.5 tons per day by 2010. ~ Of the 57 people who commented on the rule during today's meeting, 43 spoke in support of the rule and 14 opposed it. The Air District's 1 l-member governing board approved the rule by unanimous vote, with the stipulation that the rule be re-evaluated in 2010. The rule takes effect March 1, 2006. "With the amount of expected growth in the Valley, every emission reduction from this rule is important," said Seyed Sadredin, deputy director of the Air District. "Although air quality has improved greatly over the years, we still have a severe problem, and innovative programs like this will help us clean the air." New developments increase air pollution by prompting more vehicle trips and creating more pollution-causing activities such as landscape maintenance, fuel combustion and use of consumer products, as well as creating emissions during construction. Each day, about 94 million vehicle miles are traveled on Valley roads and that number is expected to increase as the Valley grows. The Indirect Source Review rule requires developers to reduce nitrogen oxides by 33 percent and particulates by 50 percent of a project's baseline. If projected emissions still exceed the minimum baseline reductions, a project's developer will mitigate the difference by paying an off-site fee to the Air District, which would then reduce emissions by funding clean-air projects. Page 1 of 2 For a typical Valley residential development of 120 single-family dwellings on 24 acres, the off-site fees would be significantly reduced with even modest on-site mitigation measures. For example: · The developers' off-site fee would be about $780 per home if no on-site mitigation measures at all were employed. · The developers' off-site would be about $557 per home with typical on-site mitigation, such as having a density of five dwellings per acre; not installing woodstoves; increasing energy efficiency by five percent; having retail outlets nearby; installing sidewalks on both sides of half the streets and one side of the other half of street; etc.) · The developers' off-site would be'about $454 per home with "more than typical" on- site mitigation, such as the improvements included in typical mitigation, plus: increasing energy efficiency by 10 percent; installing sidewalks on both sides of all the streets; and deed-restricting 10 percent as affordable housing. Off-site fees would be further reduced with even greater density (six or seven dwellings per acre), increasing the presence of local retail or building a mixed-use development. The off-site mitigation fees would help fund projects such as: · L~p_'g rading-di~rb/.-engines-to-cleaner-moTd~l§~ · paving unpaved roads; · ' helping purchase Iow-emission vehicles for public and non-profit fleets; · bicycle infrastructure; · public transportation subsidies; · a planned Vehicle-scrapping program; and · e-mobility. The proposed rule would apply to new developments expected to create a significant amount of air pollution, such as those that are at least: · 50 residential units; · 2,000 square feet of commercial space; · 10,000 square feet of government space; · 20,000 feet of medical space; · 25,000 square feet of industrial or educational space, or · 50,000 square feet of general office space. Despite years of improved air quality in the San Joaquin Valley, the air basin still fails to meet state and federal health-based standards. Therefore, the Air District is required by federal law to adopt the most stringent control measures available to reduce emissions. Additionally, California law (SB709) requires the Valley Air District to control emissions from indirect sources. The indirect-source measures also are commitments in the Air District's federally approved plan to meet standards for particulate matter ten microns and smaller, as well as the District-approved ozone attainment plan. The Valley Air District serves San Joaquin, Stanislaus, Merced, Madera, Fresno, Kings, Tuiare and the valley portion of Kern counties. For more information or a copy of the rules, visit www.valleyair.or.q or call the nearest District office: Modesto (209) 557-6400, Fresno (559) 230-6000 and Bakersfield (661) 326-6900. Page 2 of 2 __ I RECEIVED,,,'I DEC Z 1 ZOO5 E R S F I E L ITY MANAGER'S OFFICE OFFICE OF THE CITY ATTORNEY MEMORANDUM December 20, 2005 TO: HONORABLE MAYOR AND CITY COUNCIL FROM: VIRGINIA GENNARO, CITY ATTORNEY, Y~'\v'J~_~ SUBJECT: COUNCIL REFERRAL NO. 1349- TRAIN NOISE LEGISLATION VICE-MAYOR MAGGARD REQUESTED STAFF INVESTIGATE WHETHER OTHER CITIES ARE EXPERIENCING VOLUMINOUS TRAIN NOISE COMPLAINTS AND INVESTIGATE WAYS TO IMPLEMENT A GRASS ROOTS MOVEMENT TO OVERTURN THE LEGISLATION REQUIRING TRAINS TO BLOW HORNS AT STREET CROSSINGS. The City Clerk sent out an email to other city clerks within the state to see if the new Federal Train Horn Rule was causing havoc elsewhere. We received a fair number of responses and in general no other city (except for the City of Atherton which has an exemption) reported a similar problem. The City Attorney also sent out a similar email and received very little input from cities. Internally, while staff has received more complaints about train noise since the implementation of the Federal Train Horn Rule, it has not been overwhelming. In the past few months, the City has received approximately eight complaints from citizens (some through council referrals). However, at least two had to do with trains "talking to one another" by way of whistles and horns as opposed to the blowing of horns at public crossings. The City Attorney's Office is working with some of our concerned citizens and the Police Department to get identifying information about certain complaints, such as, the train number, the time of the noise, the location and direction of the train. This will help us if we choose to draft a letter to the State PUC and perhaps Congressman Thomas. VG:do S:\COUNClL\Referrals\05-06 Referrals~Maggard - Train Noise 3.doc B A K E R S F I E L D CITY OF BAKERSFIELD PUBLIC WORKS DEPARTMENT MEMORANDUM TO: Alan Tandy, City Manager FROM:DATE: ~~D~ ~ le Rm°~'l ~,u~i ~5WOrks DirectOr SUBJECT: HIGHWAY 178 PUBLIC INFORMATION Referral No. 1357 VICE-MAYOR MAGGARD REQUESTED STAFF PREPARE, IN A WRITTEN FORMAT,- MATERIAL THAT CAN BE DISTRIBUTED TO RESIDENTS WHICH OUTLINES INFORMATION CONCERNING THE PROPOSED BUILD-OUT OF HIGHWAY 178, INCLUDING A POSSIBLE TIME LINE. STAFF TO WRITE A LETTER TO CALTRANS REQUESTING THEY EXPEDITE SIGNALS AT MIRAMONTE AND HIGHWAY 178. COUNCILMEMBER COUCH REQUESTED STAFF PREPARE A SIMILAR VIDEO PRESENTATION FOR ALL PROJECTS SHOWING A DIFFERENT ARIAL ELEVATION WITH 20 YEAR PROJECTIONS, AND PLACE ON THE CITY'S WEB SITE FOR THE PUBLIC. Public Works Staff is preparing written information summarizing the presentation that was made at the Council meeting December 14th, which can then be distributed to residents in the northeast area regarding the build-out of SR 178. Staff is also preparing a letter to Caltrans requesting they expedite their process for the approval of the installation and the operation of the signal at Miramonte and SR 178. Staff has been working on developing web site data for the Thomas ROads program, including an aerial photograph of the metropolitan area that has the Thomas Roads projects overlaid' over the photograph. This will be uploaded to the City's web site as soon as it is completed. G:\GROUPDAT~Referrals\2005\12-14\Re~ 1357 HWY 178 Public Info.doc RECEIVED ?,ITY MANAGER'S OFFICE~ B A K E R S F I E L D Department of Recreation and Parks Date: December 20, 2005 To: · Alan~Tandy, City Manager From: Dia~~ov~e~r.~tor of Recreation & Parks Subject: Partial Opening for The Park at River Walk Referral # 001358 - Ward 4 Councilmember Couch requested staff research the feasibility of a partial opening at The Park at River Walk; address the pros and cons; and estimate the costs of damages if opened too soon. There are several items listed below that still need to be addressed before opening The Park at River Walk to the public. Basically, The Park at River Walk is still under construction and SC Anderson has not yet turned it over to us. ·. The city's contract with SC Anderson is not complete and safety issues are a part of what remains to be addressed. · The Children's Playground has retaining wall and a slope issue within the fall zone that must be corrected prior to it's opening to the public. · The city is scheduled to begin construction of the additional fencing and seating improvements at the amphitheater within the next several weeks. · A wet playground is designed and could begin construction as soon as funding is secured. · Department staff is fabricating signs and placard holders and will be installing them on buildings and structures throughout the park during the next few months. · The turf is being established and can require irregular watering schedules that could result in unsuspecting park users getting wet. · The PG&E vault that switches the main power supply to the park is not in its final location and must be raised to grade by PG&E. This activity will cause intermittent power disruptions to the park when undertaken. · Providing staff to control and monitor the areas that were open and closed would be difficult and time consuming. · The fee schedule for park rentals has not been adopted by council. The frequency and level of damages to the park, if opened too soon, mostly would involve turf and general liability issues. Damage to the new turf because of foot traffic could be in the thousands of dollars to repair. In addition, because the park is not complete and safety issues remain, the city would be exposed to the liability involved with partially opening a park that is still technically under construction. BAKERSFIELD POLICE MEMORANDUM TO: ALAN TANDY, CITY MANAGER ~l~ FROM: W.R. RECTOR, CHIEF OF POLICE FtC- --~p ....... ill · DATE: DECEMBER 14,2005 .~. '.., (}tTY M^N^GER'S OFFICE SUBJECT: Speeding on Mountain Vista - Council Referral No. 1354 (Ward 4) Council Member Couch requested the police department address concerns by Mira Sheth (South east Corner of Grand Lakes and Mountain Vista), regarding people climbing her fence and using her back yard as a shortcut; also increased patrolling for speeding is needed on Mountain ViSta. This referral was assigned to Captain Bivens at the West Side Substation for follow-up. Staff contacted Mrs. Sheth on December 13th and talked about the trespass situation. Mrs. Sheth did not wish to speak with the police regarding the issue; she would like the City of Bakersfield to plant trees in front of her fence so the juveniles cannot gain access to her property. Staff advised her that extra police patrol will be provided in an effort to curtail trespassing as well as speeding violations in the area. B A K E R S F I E L D MEMORANDUM TO: Alan Tandy, City Manager RECEIVED FROM: ~ Stanley Grady, Planning Director DEC 2 2 2005 DATE: December 21, 2005 CITY MANAGER'S OFFICE 'SUBJECT: Re: 2918 Bucknell Street Referral # 1363 ICouncilmember Couch requested staffto respond to a letter from J.W. Kemp concerning an assessment to property at 2918 Bucknell Street from the Code Enforcement Division. The property at 2918 Bucknell Street has been an on-going enforcement problem for the Code Enforcement Unit. Since 2002, there have been at least thirteen separate Code Enforcement cases investigated by five different Code Enforcement Officers. Four of the cases resulted in action being taken by the city to abate the nuisances at the property. Three of the cases resulted in misdemeanor citations being issued to the tenant; John Moring, by Code Enforcement Officers. Three of the abatements conducted by the city were conducted through the use of abatement warrants. Upon affidavit and good cause shown to the court, a Superior Court Judge, who had reviewed each case file, commanded the Code Enforcement Officer to abate the public nuisances located at 2918 Bucknell Street. The property owner of record was deceased and the family had taken no action to resolve the probate issues regarding the property. Code Enforcement Officers Terry Buss and David Paquette had spoken with Francis Mustain and J.W. Kemp regarding their responsibilities to maintain the property and suggested they seek legal assistance to resolve the probate and tenancy problems. Prior to Code Enforcement involvement the family was enabling John Moring to continue to live at the residence by paying the utilities. Once the family stopped providing the utilities, John Moring, refused to assume the responsibility and was disconnected by the utility companies for non-payment. Once the utilities were disconnected Code Enforcement posted the dwelling for no occupancy and secured it against entry by boarding up all of the doors and windows. Code Enforcement Officers have responded on numerous occasions over the past year to re- secure boards that have been removed due to the property owner's unwillingness or inability to maintain the property iff a secure manner and fi'ce of nuisances. The family had not resolved the legal issues regarding the probate of the property until November 2005. The last action taken by Code Enforcement was September 21, 2005. As of December 2005, the Code Enforcement Unit continues to receive complaints from residents in the neighborhood that John Moring is entering the posted dwelling and accumulating junk vehicles, junk, trash and debris and creating additional nuisances relating to his "dumpster diving" activities at 2918 Bucknell Street. Photographs depicting the gdneral condition of the property upon inspection by Code Enforcement are attached. One of the photographs shows the backyard as it looked after each of the abatements. Cc: Allen Shaw BAKERSFIELD POLICE MEMORANDUM TO: ALAN TANDY, CITY MANAGER FROM: W.R. RECTOR, CHIEF OF POLICE ~ DATE: DECEMBER 19, 2005 SUBJECT: Update on the'Graffiti Witness Program Council Referral No. 1312 Council Member Hanson requested staff provide additional information regarding the "Secret Witness" Program that was established for Graffiti and report back to Council. Graffiti Officer Chris Bowersox has been conducting research regarding the rewards offered for the identification, arrest and prosecution of graffiti vandals. He found almost every large metropolitan city in the United States has some type of reward system set up specifically for graffiti vandal tips. Bakersfield already does this through the Kern Secret Witness Program. The rewards are paid out through private and corporate donations made to the Secret Witness Program. This information can be accessed at www.bakersfieldqraffiti.us. 'Citizens can anonymously send graffiti information directly to the Kern Secret Witness website at www.kernsecretwitness.com/qrafform/reportcrime.htm which is then forwarded to Officer Bowersox at gofficer@bakersfieldpd.us through a link on their website. Officer Bowersox indicates he has received only one tip over the past year and it contained very limited information. He is not aware of any individuals asking for or receiving a reWard for graffiti related crimes. WRR/RB/vrf RECEIVED DEC 21 2005 " CITY MANAGER'S OFFICE Department of Recreation and Parks - Date: December 20, 2005 - To: Alan Tandy, City Manager . From: Diann~, ~ecreation & Parks Subject: Downtown Christmas Decoration Referral # 001368 - Ward 6 Councilmember Sullivan requested the Community Services Committee evaluate the cost of purchasing Christmas decorations for the downtown area, Rabobank Arena and Convention Center. Dianne Hoover and Jim Foss to attend the committee meeting for input. (city Manager's office to advise Jim Foss.) Jim Foss and Dianne Hoover discussed the issue of lighting around the Rabobank Arena and Convention Center during the holidays. Mr. Foss will continue lighting the building, and the Recreation and Parks Department will put up and remove lights around the fountain area from mid-November to mid- January. The cost of the lights and labor is approximately $2,000. Currently, the lights on the large coastal Redwood tree at the fountain is lighted, however, we are experiencing problems with the electrical system. To expand the lighting in future seasons, the electrical system will need to be analyzed and upgraded. At this point, upgrading electrical system costs are unknown. In discussions with Kathy Butler of the Downtown Business Association, she is in the process of securing sponsors for lights and labor for the Chester Avenue Median. According to the DBA, Broad Electric has agreed to string the lights in mid-November and remove them in mid-January to avoid tree damage. The lights will be of a heavier rope so that they can be stored from year to year at Broad Electric. All three entities, DBA, Convention Center and Recreation & Parks will continue to work together to provide' holiday lights. RECEIVED EC 21 005 CITY MANAGER'S OFFICE Department of Recreation and Parks Date: December 20, 2005 To: Alan T/~ndy, Cit.y Manager From: Diann~r,'~of Recreation & Parks Subject: Use of Plants to Discourage Graffiti Referral # 001361 - Ward 7 Councilmember Scrivner requested staff provide an update regarding the use of plants along brick walls to discourage graffiti. In response to Councilmembers Maggard and Scrivner's citizen's recommendation of pyracantha hedges near walls to deter graffiti, there are advantages and disadvantages. Currently, pyracantha bushes are located at Garces Circle, Los Palmas subdivision on El Portal and on Hageman between Coffee and Fruitvale: Pyracantha is a deterrent to graffiti due to its fiery stickers and toxic red fruit. However, it is also very difficult to maintain because it goes through work gloves, causing injuries to employees. Since it is difficult to trim, it has grown up and over fences, and those on the other side complain, cut it and throw it back - thus creating more hazards. We use pyracantha on a very limited basis, and it is not recommended in public parks due to the obvious hazard. Staff has been assembling a list of shrubs and trees that are needed to fill in at open areas along landscape walls throughout the city that are potential targets for graffiti. Park crews will begin installing and planting these trees and shrubs in February. One reason for the delayed planting is our irrigation systems are running on a minimal basis but in February they will be operating on a regular schedule. During the landscape plan review process, staff has been encouraging developers to plant as many shrubs and trees along landscape walls to discourage graffiti opportunities and minimize bare areas in front of these walls. Staff has modified its trimming heights when landscape material is near walls. We are leaving plant materials a little higher than previously to protect the walls from graffiti. In addition to the plant material increased height and numbers, we are beginning to explore using murals or multi-colored designs as a deterrent to graffiti. We will most likely try it on selected park restrooms and if successful implement it at our other park restrooms in the future.