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HomeMy WebLinkAbout09/30/05 B A K E R S F I E L D CITY MANAGER'S OFFICE MEMORANDUM September 30, 2005 TO: Honorable Mayor and City Council FROM: Alan Tandy, City Manager /~7-D.1~ r'~* SUBJECT: General Information 1. Attached is a letter sent by Recreation and Parks Director Dianne Hoover to AYSO concerning the 40-acre park. By passing on that opportunity, they run a strong risk of having a period of years with no place to play. The letter is to provide absolute clarity about that, before another use is designated for the 40 acre site. 2. Due to vendor and legal constraints on deadlines, any health plan design changes should be approved at the October 26th Council meeting. -That will allow us to prepare information packages for employees and retirees, hold open enrollment meetings, submit required information to vendors, and input the necessary payroll information by the early December deadlines we have. 3. Unfortunately, we are experiencing some delays with several major street resurfacing projects that were scheduled to be performed during the favorable weather season. Per the enclosed memo from Public Works, if we are not able to resolve the situation, work on those streets may not be completed until next year. The areas include: South H Street from Ming Avenue to State Route 58, Mohawk Street from California Avenue to Truxtun Avenue, and Bernard Street from Mount Vernon Avenue to Oswell Street. We will update you as we have further information. 4. You may notice some tree trimming work taking place in several areas of town next month. Recreation and Parks staff plans to closely monitor the work which will be performed by two contract firms, both of which 'have "certified arborist" designations. A memo is enclosed with the locations. 5. The grand opening event for "The Cottages" at 21st and R Streets has been set for Thursday, October 20th at 9:30 a.m. 6. The street maintenance schedule for the week of October 3rd is attached. 7. Responses to Council requests are enclosed, as follows: Councilmember Couch · Report on the average spacing of fire stations, police substations, parks, and schools; Honorable Mayor and City Council September 30, 2005 Page 2 · Distribution of the proposed water agreement between Bakersfield and Shafter; · Status on the City and County warrants for placing a traffic signal and Palm and Allen Road. AT:rs cc: Department Heads Pamela McCarthy, City Clerk B A K E R S F I E L D ® 1990 Brett Price Greystone Plaza Building 841 Mohawk Street, Suitc 200 Bakersfield, CA 93309-1600 Dear Brett, The ptuposc of this letter is to confirm our various discussions we have had regarding the city's role in assisting AYSO with future needs for playing fields. In our last conversation, you requested an updated drawing of the 200 acre soccer park in Southwest Bakersfield. Whilc it is still over five year~ away from devclopment, I do understand your need to have something that you can take to fundraisers and potential funders so they have an idea on what they are contributing toward. You also reiterated your reasons for not pursuing the 40-acre site even though it is available now for development purposes. While I understand that it will be difficult to do two fundraisers in a five year period, the parents of all those players may not fully grasp the city's efforts in trying to find a home for AYSO when it can no longer play at Cai State. Hence, the city's need to have a letter from AYSO indicating that you have declined our immediate offer on the 40-acte site, and AYSO has decided to focus on the larger park for development. As Alan Tandy and I have both indicated, the 200 acre site will not be available for devclopment for at least fivc years or possibly longer. There will be no roads, water, sewer, or clectricity on that site; therefore development will not be possible. You mentioned the possibility of developing the fields in stages, but that is not possible without the basic infrastructure. Any development prior to the proposed five year time framc is speculative at best, and cannot be guaranteed. I look forward to meeting with you once we have received the letter from AYSO indicating that the city has been cooperating with you throughout the transition period from Cai State to a new and morc pelmanent complcx. The letter should reflect that AYSO turned down thc city's offer of the 40-acre sitc off/lewetta Avenue, and is instead focusing on thc 200 acre site in five or more years. As always, you can call me with questions or concerns. Sincerely, Dianne Hoover Director Cc: Alan Tandy RECREATION AND PARKS 900 Truxtun Avenue * Suite 100 * Bakersfield * California * 93301 (661) 326-FUNN · Fax (661) 852-2140 :B 'A i K E R'. S F' ].'!]E"L: D ' SEP 29 2005 PUBLIC WORKS DEPARTMENT MEMORANDUM ";~TY ~qANAG~R'S OFF',r'~ TO: Alan Tandy, City Manager FROM: Raul Rojas, Public Works Director~,-"z~ ~ DATE: September 29, 2005 SUBJECT: Status of Resurfacing Various Streets 04/05, VLF - Phase 1 On August 17, 2005, the City Council awarded the referenced contract for resurfacing four major City streets. The contract start date for this project was August 22 with a completion date of October 28, 2005. The general contractor, Griffith Company, has not started construction activity on this project to date. Our Department received a letter from the Contractor dated September 26 stating that they were not able to obtain liquid asphalt from their supplier and were requesting a delay. This was based on the argument that the availability of liquid asphalt is an industry wide problem and beyond their control. After researching the issue, we responded in writing that although their original supplier may be experiencing shortages, other refineries have liquid asphalt readily available for sale. Since the supply of liquid asphalt does not appear to be an issue, the delay request was denied. The contractor has also not complied with the requirement that a Storm Water Pollution Prevention Plan be submitted prior to starting construction. The current situation is that it does not appear that the Contractor will be able to start and complete the work before October 28, 2005. The resulting problem is that paving beyond this date can result in poor compaction, uneven surface, rough surface, or other problems because of cold weather conditions. We have notified the Contractor in our letter that if they are unable to perform their obligations under the contract, to contact us as soon as possible to discuss mutual termination of the agreement. The streets to be resurfaced under this contract are: South "H" Street from Ming Avenue to State Route 58 Mohawk Street from California Avenue to Truxtun Avenue Bernard Street from Mount Vernon Avenue to Oswell Street Camino Media from Old River Road to Lancashire Street was originally in the contract but was removed since a sewer line crossing Camino Media, which is being installed by Cai State University, will not be complete until late October. cc: Virginia Gennaro, City Attorney Jacques R. LaRoche//e, Assistant Public Works Director Stuart Patteson, Construction Superintendent Rick Mil/wee, Constructions Supervisor Conchita Walker, Project Engineer G:\GROUPDAT~Construction\Memos~2005~AT Griffith Resurf 9-28-05.DOC CITY OF BAKERSFIELD Recreation gcParlcs ~EC, E~VED SEP 2 9 2005 DATE: September 28, 2005 O~TY i'~,qANA~.ER'S OFF:C?E TO: Alan Tandy, City Manager FROM: Dian~Director Recreation and Parks SUBJECT: Contract Tree Work The Department's 2005-06 fiscal year budget had $150,000 approved to perform contract tree work. This contract will be used for instances such as: trees that our crews and equipment could not reach', trees in power line areas, and assist in major back logs we may encounter during the year. During the month of October West Coast Arborists and General Tree Service will begin tree trimming work in various locations of the city in the amount of $22,600. Both contractors have current "Certified Arborists" certification along with the proper insurance. Their work will be closely monitored by our staff. The contractors will perform work in the following areas: Jefferson Park Patriots Park Stine from Wilson to White Lane "H" street from Highway 58 to White Lane Gosford from Ming Avenue to White Lane PUBLIC WORKS STREET MAINTENANCE SECTION - WORK SCHEDULE Week of October 3, 2005 Reconstructing streets in the area between Pacheco and Harris off Akers. Paving streets in the area north of 24th between Beech and "F" Streets. Street sealing in the area of White Lane to south city limits from Gosford to west city limits. Concrete work in the area south of Cottonwood and East Planz. Concrete work between 34th to Columbus from Chester to "Q" Street. Sewer line installation on Verdugo north of Jewetta. f-IECEiVEO ?ITY ~.41ANA¢.ER'S OFF'.C'E TO: ALAN TANDY, CITY MANAGER FROM:~STANLEY C. GRADY, DEVELOPMENT SERVICES DIRECTOR DATE: September 29, 2005 SUBJECT: CLUSTERING OF FIRE & POLICE STATIONS, PARKS, SCHOOLS Council Referral No. Ref001226 COUNCILMEMBER COUCH REQUESTED STAFF GATHER INFORMATION AND PREPARE REPORT ON AVERAGE SPACING OF FIRE STATIONS, POLICE SUBSTATIONS, PARKS, AND SCHOOLS. Fire Stations and Police Substations: The location of fire stations is accomplished on a case by case basis as the Fire Department provides input. Projects with EIR's and/or development agreements are large projects which normally provide acreage and funding for land, construction, equipment and operation. There is no ordinance to address contributions toward such facilities on smaller projects. No plan exists for the location of future fire stations. Any plan must include County input pursuant to the Joint Powers Agreement. Fire stations have been combined or adjacent to three parks in the past and are planned with three future parks (6 total). A plan and policies for future stations would be helpful to a conscious effort to combine stations with parks. Parks: ¢ Park locations are selected based on a park location study developed by the Parks Department and implemented during subdivision review. The General Plan text provides policies regarding park location. Schools: The City has no control over school site locations. Sometimes we know where schools will be built but sometimes we do not. Communications between the City and schools has improved greatly over the years. Historically, the Recreation and Parks Department located parks adjacent to elementary schools when the opportunity exists and parcel size and. ownership lend itself to this arrangement. The Recreation and Parks Department sees the location of parks next to junior highs and high' schools as more problematic. SG:JM:djl CC: James Movius, Planning Director P:\CCReferral\Ref1226.doc B A K E R S F I E L D S~Y 2 ~-~ ZOO5 MEMORANDUM "~TY IVIANA~r~R'S OFF:CE September 25, 2005 TO: Alan Tandy, City Manager FROM: Maurice Randall, Business Manager~)Vl,~ THROUGH: Florn Core, Water Resources Manager SUBJECT: WATER AGREEMENT Re: CITY of BAKERSFIELD and SHAFTER Council Referral No. 001255 (Ward No. 4) - Special referral to Water Resources Department During the joint City of Bakersfield and Shafter meeting on September 18, 2005 Councilmember Couch requested that staff send copies of the Proposed WaterAgreement and related documents between the City of Bakersfield and Shafter to all members of both Councils, Senator Dean Florez and Supervisor Mcquiston. Attached to this memorandum for distribution to the Mayor and Council are copies of the Proposed Water Agreement and related documents between the City and Shafter. These documents were also mailed to the City of Shafter Council members, Senator Dean Florez and Supervisor McQuiston. RESOLUTION NO. 0.~-1767 'A RESOLUTION OF TI:rE CITY COUNCIL OF ~ CITY OF SHAFTER CONFIRMING AND SUPPORTING THE DEVELOPMENT ,.~ OF 7'm STP~IDARD ROAD ~ WATER SUPI~LY ISSUES NORTlt OF 7m STANDARD ROAD Wl:II*~REAS, the City of Bakersfield ha~ expre&qed concern regarding.the design and development of 7~ Standard Road and water resources availability to areas North of"P Standard Road; and WltEREAS, the City of Shafter and City of Bakersfield have met to dims these concerns and have worked cooperatively toward resolution; and Wi~F~REAS, both Cities believe they can work out their differences without resorting to NOW, TltEREFORE, lie IT RESOLVED, by the Coun~ of the City of Shafier a~ ,.., 1. The above recitals are tree and correct and incorporated by reference herein. 2. The City of Shuffler rmpports the intent and agr~ to abide by the tern~ contained in the att~¢bed i~er dated July 18, 2005 from Alan Tandy to John Guinn. The City of Bakersfield ~upport~ the intent and aS;ftys to abide by the terms contained in the att~hed letter dated Suly 18, 2005 from Alan Tandy to John Guinn. PASSED AND ADOPTED this 19~ day of July, 2005. Fran Florez, A~FEST: '~ CERTIlZICATE OF GOVERNING BODY'S ACTION STATE OF CALIFORNIA coum I, Dolores Robinson, City Clerk of the City of Shafier, California, DO HERI~.I~Y " CERTIFY that the above and foregoing Resolution of the City Council of the City of Sha~er was duly passed and adopted at a Regular Meeting held on the 19th day of July, 2005, by the following . AYES: Colvard, Prout, Johnston, Nelson and Nelson NOES: None ABSENT: None ABSTAINING: None DATED: July 22, 2005 (SEAL) ~ .':'"; .j RESOLUTION A RESOLUTION CONFIRMING* AND SUPPORTING THE DEVELOPMENT OF 7TM STANDARD ROAD AND WATER SUPPLY RESOURCES IN THE CITY OF SHAFTER. WHEREAS, the City of Shafter has certified an Environmental Impact Report (EIR) for the update to its General Plan that includes annexation of 5,000 acres plus two specific plans; and WHEREAS, the City.of Bakersfield has concerns with how said EIR evaluated transportation issues over 7~' Standard Road and water resources availability; and WHEREAS, both Cities believe they can work out their differences without resorting to litigation. NOW, THEREFORE, BE IT RESOLVED, bythe Council of the City of Bakersfield as follows: 1. The above recitals are true and correct and incorporated by reference herein. 2. The City of Bakersfield supports the intent and agrees to abide by the terms contained in the attached letter dated July 18, 2005, from Alan Tandy to John Guinn. 3. The City of Shaffer supports the intent and agrees to abide by the terms contained in the attached letter dated July 18, 2005, from Alan Tandy to John Guinn. (See Exhibit "A," attached hereto and incorporated by reference herein.) S:\CO~J NClL~Resos~05-O61~Shafter. res.doc 1-- m July 20, 2005 '-> ~ Page 1 of 2 qRI~,INA! HEREBY CERTIFY that the foregoing Resolution was passed and ad_opted by the Council of the City of Bakersfield at a regular meeting thereof held on JUL by the following vote: ~ COUNCIL MEMBER COUCH, CARSON, BENHAM, MACGARD, HANSON, SULLIVAN, SCRIVNER NOES: COUNCIL MEMBER ABSTAIN: COUNCIL MEMBER ~ COUNCIL MEMBER ~ .... CITY CLERK AND EX OFFIC/(~ of the Council of the City of Bakerst'~ld APPROVED ~ ~ ~) 21)1)5 MIKE MAGGARD Vice-Mayor APPROVED AS TO~ORM: VIRGINIA GEN~ City Attomey~/~,/ VG:dtl S:',COUNClL\Resos~:~)4)8~Shafter.res.doc ~. July 20, 2005 Page 2 of 2 'J L °- RIGINA~ BAKERSFIELD Alan Tandy * City Manager July 18, 2005 John Guinn, City Manager City of Shatter 336 Pacific Avenue Shafter, CA 93263 Dear John: This letter is to follow up on the meeting that took place Friday with Councilmembers Couch and Nelson. Shatter and Bakersfield appear to be in agreement now on all transportation issues. With regard to the alignment of Road B on the north side of 7~ Standard Road in relationship to the alignment of Allen road on the south side, you indicated to me on the phone Monday, July 18th, that you will align it either with Allen Road or Old Farm, or both. Other road and transportation issues agreed to are summarized on the attachment. Later, they will be incorporated into the agreement to fund the bridge at 7th Standard Road and Highway 99. Please advise me as soon as possible of the outcome of the Road 13 issues, as well as whether or not we correctly reflected today's discussions on the attachment. As to the issue of water, as a potential long-term solution, we have agreed to meet with the impacted parties to explore three possibilities, as follows: * Use of an arbitrator or mediator to define "irrigation" and our differing interpretations of the law on that subject. o Sale of the 1952 water by Bakersfield to Shafter as a short-term solution until Shafter secures a long-term water supply. Price would be at the "production" value of $55 per acre-foot with escalations. Please note, this year's cost with the escalations is $67. The proceeds would stay in our water system to defray the long-term cost of pumping from deeper levels, , City of Bakersfield · City Manager's Office · 1501 Truxtun Avenue Bakersfield · California * 93301 (661) 326-3751 · Fax (661) 324-1850 John Guinn, City Manager City of Shafter July 18, 200.~ Page 2 · Shafter can consider a source of water that does not conflict with our 1952 water rights perhaps working through KCWA and an outside (non ID4) water supply. While these longer-term solutions are being explored, at the core of the issue is differing interpretations over the legal meaning of the 1952 agreement. To get us past the EIR time frames, we would agree to go to non-binding mediation to seek the opinion of a qualified neutral party on those differing views. This process would in no way constrain either party from pursuing any legal remedies after that mediation. Shafter would further agree not to evade compliance with State water supply and balancing requirements by development of a series of tracts that would avoid compliance with SB §10 and SB 221. Notwithstanding any language in this correspondence to the contrary, it is the intent and understanding of both Bakersfield and Shafter that any time limit within which Bakersfield must commence litigation against Shafter, and vice versa, concerning but not limited to matters addressed in this July 18 correspondence to the City Manager of Shafter, is not and shall not be extended. Furthermore, it remains the position of Shafter, although Bakersfield disagrees, that there is a Settlement Agreement in place between Bakersfield and Shafter which governs the ability of the parties to pursue litigation concerning the matters addressed in this July 18 correspondence to the City Manager of Shafter. Both of us will strongly recommend these actions to our legislative bodies and, if accepted by them, there will be no litigation over the Shafter EIR. Please advise me, in writing, if we are in agreement on these points. Sinc_~rely, C'ty a ge ~ Attachment cc: David Couch, Bakersfield City Councilmernber Flora Core, Water Resources Manager Raul Rojas, Public Works Director -...~' Start Grady. Development Services Director ..:,,. _. Resolved Coffee Road wilt tee into 7th Standard Road from the south. Quail Creek will also tee into 7th Standard ROad; however, if a road to the north is necessary, Shaffer will make sure lane lines conform to that which is in the City of Bakersfield. Verduoo Road will also go through and the small offset between the north and south side would be split eclually between Shafter and Bakersfield. Jewetla Avenue will also go through to the north, and the portion of Jewetta north of 7th Standard will line up, Zerker Road will line up. Renfro Road will be a tee intersection to the south. Shatter has no plans to extend that road to the north. Rudd Road and Zachary Road will also line up. Since these roads are designated arterials in the City of Shorter, the City of Bakersfield will conform its lane lines to that of shorter. Road B is the one road in the City of Shorter that has not been fully resolved. Shafter will speak with the developer in an effort to shift the road to a point that will line up with Allen Road. In addition, City of Bakersfield will contact the property owner to the south to see if Allen Road could be shifted to the east. Both parties have agreed that 7th Standard Road must be constructed as an Expressway, which means access to the road will be only at the signalized intersection. However, at those locations designated for commercial development along 7th Standard Road, dght tum in and dght turn out will be allowed with the addition of a fourth lane as an auxiliary lane. It wes also discussed that the actual construction of 7th Standard ought to be done in entire segments. This could be done by one o( two ways: either the phasing of improvements by adjacent developers which will include additional lanes to be constructed, which would be reimbursed by the agencies respective through the Traffic Impact Fee programs, or by the use of a Major Bridge Thoroughfare District. Roads Interseclino 7th Standard Road Except as provided in "Exceptions" clause, prior to execution of the agreement, City of Bakersfield, City of Shaffer, and County shall agree on number and locations of roads intersecting 7th Standard Road between Santa Fe Way and State Route 99. All roads intersecting 7th Standard Road shall conform to the following: * All north-south roads intersecting 7th Standard Road shall provide the maximum number of lanes through the intersection and shall continue the maximum lane configuration for a minimum distance of 1000 feet beyond the intersection. As an example, an arterial road (6 lanes) shall have all six lanes continue through the intersection and continue beyond 7th Standard Road for a minimum distance of 1000 feet before reducing the number of lanes. * All roads intersecting 7th Standard Road shall be designated to established City of Bakersfield standards including lane configurations, lane widths, median islands, sidewalk, crosswalks, etc. ADMINISTRATIVE REPORT 'lO:. Honorab~ ~yor ~nd Gity Goun~i! DA~: Ju~ 19, ~ C~ A~ORN '.'.. SU~ECT: ~ C~fi~t~ ~ ~~ ~e De~e~ ~ ~ ~~ a~ Wat~ "' Su~ ~~ ~ ~e ~ ~ S~er .' RE~M~DA~: . S~ff r~me~ ~1 of ~ Re~n. ": BACKGROUND: ~ ~em ar~ ~er ~e ~ d ~ a~ ~ r~uims immure a~. ~ ~u am a~m, ~e C~ of ~e~ ~ ~ C~ M S~ ~ve ~ e~n~ ~mm~ ~ tm~ ~ ~ter ~. F~y, JuN 15, ~, ~ f~up a~ ~ e~ ~ T~y, ~ 19, ~. July 19, 2005 TO HONORABLE MAYOR AND MEMBERS OF THE SHAFTER CITY COUNCIL Resolution supporting Development Standards for 7~ Standard Road and Water Supply Resources North of 7a Standard Road. I This item arose after the posting of the agenda and requires immediate action. Council Member Nelson and I met with Council Member Couch and City Manager Tandy of Bakersfield on Friday, July 15, 2005 to discuss conoems regarding the development of 7~ Standard Road as well as water related issues in the ShaRer annexation area North of 7~ Standard Road. Other members of ShaRer and Bakersfield statfwere present and participated in the meeting. Discussions have continued into Tuesday, July 19, 2005. The result of this meeting and further discussions is that we have reached agreement on the design of 7~ Standard Road. Roadway alignments for arterials and collectors connecting to 7~ Standard Road were agreed to. Water issues are more difficult. However, we had a good faith discussion on this matter. Bakersfield suggested potential long range solutions and we are recommending non-binding mediation as a good faith effort to gain insight into how a qualitl.ed neutral party would view our differing legal interpretations. ! Attached is a letter form Alan Tandy to John Guinn outlining our understanding. Also, a Resolution is attached which, if approved, would confirm your agreement with the contents of the letter. Mr. Tandy and Council Member Couch have agreed to strongly urge their entire Council to adopt a similar Resolution and, pending Shafler's adoption, not file litigation over our EIR. The City of Bakersfield has worked cooperatively to this resolution which is greatly appreciated. Council Members Nelson and Couch have led this effort and are to be congratulated. .. RECOMMENDATION: Staff strongly urges adoption of Resolution 05-1767, entitled A RESOLUTION OF THE'CITY COUNCIL OF THE CITY OF SHAFTER CONFIRMING AND SUPPORTING THE DEVELOPMENT OF 7TM STANDARD ROAD AND WATER SUPPLY ISSUES NORTH OF 7TM STANDARD ROAD. John D. Guinn City Manager MANAGEMENT REPORT 2 B A K E R S F I E L D CITY OF BAKERSFIELD PUBLIC WORKS DEPARTMENT MEMORANDUM TO: Alan Tandy, City Manager FROM: Raul Rojas, Public Works Director DATE: September 13, 2005 SUBJECT: TRAFFIC SIGNAL AT PALM AND ALLEN-ROAD Referral No. 1260 (Meeting- September 19, 2005) COUNCILMEMBER COUCH REQUESTED STAFF LOOK AT THE WARRANTS FOR THE FEASIBILITY OF PLACING A TRAFFIC SIGNAL AT PALM AND ALLEN ROAD, WHICH IS HALF IN THE CITY AND HALF IN THE COUNTY. The Traffic Engineer obtained information from Kern County's Traffic Engineer for the intersection of Palm and Allen Roads. The intersection is within the County's jurisdiction with one approach to the intersection being in the City. The intersection is warranted for a traffic signal per the County Traffic Engineer but is not yet funded for design and construction. Based on the information received, the location would rank as number 11 when compared to the City's 26 warranted, but unfunded, future traffic signal locations. The County ranks this location as number 12 on their listing of warranted future signals in the County. C:\DOCUME-1\lskinner~LOCALS~1\Temp\Ref#1260 Traffic Signal at Palm & Allen Rd.doc