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HomeMy WebLinkAbout01/31/03 B A K E R S F I E L D CITY MANAGER'S OFFICE MEMORANDUM January 31,2003 TO: Honorable Mayor and City Council FROM: Alan Tandy, City Manager ~7"(L,./ SUBJECT: General Information 1. This has been a busy week in Sacramento. The Assembly passed a measure that would increase the VLF. That is soon to be considered in the Senate, where speculation about its likelihood of passage is favorable. Its fate after that is uncertain, as the Governor has made it clear he does not like it and, while he has not said he would veto it, that remains a possibility. The Assembly attempted to bundle it with other measures to make it veto-proof. It is unclear whether the Senate will do the same, or not. The Governor also announced that he does not now have the votes to stop the backfill. He implied, however, that he may try again for the fiscal period beginning July 1st. The bottom line is that we had a good week at Sacramento. It appears, for the short term, that the threat is reduced. For the longer term, it is still out there. It is prudent to continue conservative financial planning under these circumstances. It .is also prudent to recognize that the situation, at least for the short term, is looking more favorable. We will continue to exercise fiscal restraints while department heads continue to meet on financial planning. In light of the more favorable trends, however, we are slowing that process down somewhat and will not announce details until next week. Department cooperation and generation of ideas has been excellent. Thanks are due to everyone involved. The following news articles with details on recent actions at the State level this week are enclosed: · Two articles from the Sacramento Bee, dated January 30th and January 31st; Honorable Mayor and City Council January 31, 2003 Page 2 Los Angeles Times article dated January 30th; · Latest update from the League of California Cities and a summary of talking points concerning the restoration of the VLF; · Kern COG's quarterly report with a front page article on the negative effects the Governor's proposals will have on local road projects. 2. The latest press release from the fundraising group for the aquatic center is enclosed. Their dedication to the project is very evident and their assistance is appreciated. 3. Per a request from Councilmember Benham, a report on big-box retail regulations and guidelines is enclosed as background information relating to the upcoming Super WalMart issues. 4. I'm pleased to inform you that Development Services Director Jack Hardisty received the 2003 John W. Doubenmeier Award from the local chapter of the American Society for Public Administration this week. The press release from ASPA is enclosed. Jack was selected for special recognition based on the many significant contributions he has made to the community during his career in public service. Congratulations, Jack! 5. The enclosed report from Water Resources on the snowpack accumulation indicates a below normal trend for the season, to date. Although half of the wet season still remains, we can expect a dry year, if the storm level does not pick up. 6. Responses to Council requests are enclosed, as follows: Councilmember Benham · Report from Public Works on the history of the traffic area through the 24th Street corridor and possible recommendations to ease traffic congestion; Councilmember Couch · Citizen concern regarding landscaping improvements at Norris Road and Calloway; · Citizen concern regarding refuse bill in recently annexed area; · Citizen inquiry regarding status of the re-opening of the Rosedale generation plant. · Report on ways to discourage graffiti on the bike path and possibility of a neighborhood watch type of program. AT:rs cc: Department Heads Pam McCarthy, City Clerk Trudy $1ater, Administrative Analyst The Sacramento Bee -- sacbee.com -- Davis' vehicle fee plan sputters Page 1 of 3 This story is taken from c_~. at sacbee.com. Davis' vehicle fee plan sputters He still hopes to block the city-county funds next fiscal year. By Tony Bizjak -- Bee Staff Writer - (Published Sanuary 30, 2003) Gov. Gray Davis conceded Wednesday that one of his key proposals for closing the state's budget gap -- withholding more than $1 billion in vehicle license fee reimbursements to cities and counties this year -- appears all but dead this fiscal year. Acknowledging he doesn't have legislative support, Davis said he will continue his efforts to withhold the monies from cities and counties in the next fiscal year, starting July 1, when he will have line-item veto authority. Davis earlier this month had proposed eliminating the payments to local governments as a way of helping the state cut its huge budget deficit, estimated at $26 billion to $35 billion, over the next 18 months. However, the Assembly on Tuesday defied Davis by passing a bill that goes in the opposite direction -- raising the vehicle fees and giving the extra money to local governments. The Senate is expected to consider its budget Cuts today, with no apparent support for Davis' vehicle fee plan. Late Wednesday, the governor described the vehicle fee debate to reporters as a saga that, in recent weeks, elicited fears of police and fire layoffs. ":Is there one brave man or woman upstairs (in the Legislature) saying, 'I'm willing to do that?'" Davis said. "No such vote is likely to come close in the foreseeable future." Megan Taylor of the League of California Cities said Davis "read the writing on the wall" in measuring lawmaker reaction to his vehicle license fee proposal. The vehicle license fee -- the charge to register a car each year -- is a major source of funding for local governments. For most counties, it is the first or second biggest source of money. Statewide, cities and counties stood to lose $1.3 billion in the current fiscal year under Davis' proposal. Another $2.9 billion is at stake in the next fiscal year. The state in the past several years reduced the fee from 2 percent of the vehicle's value to 0.65 percent. On a car valued at $22,050, the fee was reduced from $442 to $144. But after reducing the fees, the state agreed to reimburse local governments for the lost revenue. The Assembly bill passed this week would allow the state to raise the fee back to 2 percent, restoring the revenue stream for cities and counties. http ://www. sacbee, com/content/politics/caYv-print/story/6025258p-6981931 c.html 1/31/2003 Sacramento Bee -- sacbee.com -- Davis' vehicle fee plan sputters Page 2 of 3 Davis repeated that he is not enthusiastic about the Assembly bill, by Speaker Herb Wesson, D- Culver City, because it raised revenue without a bipartisan consensus. However, he stopped short of saying he would veto the bill. Davis made his comments after hosting a meeting with mayors of the state's largest cities, including his one-time boss, former Gov. and current Oakland Mayor Jerry Brown, and Sacramento Mayor Heather Fargo. The mayors expressed concerns about the loss of vehicle license fee revenue as well as Davis' plan to redirect substantial redevelopment district money to the state. Outside afterward, Brown said he did not think the Wesson bill would pass the Senate. "I think there is a lot of strategy, and people aren't showing all their cards yet," he said. Davis said he expects the Legislature to make substantial budget cuts by the middle of next week. That is when several state financial officers are to head to New York to discuss the fiscal crisis with credit-rating agencies. Standard & Poor's has downgraded the state's rating, and another -- Moody's -- was said Wednesday to have been on the verge of a similar move before officials persuaded the company not to do so. Davis and the mayors gave similar descriptions of their meeting. "The governor is willing to listen to our issues," Los Angeles Mayor James Hahn said. "Our message is we want to be at the table" for budget talks, and "that starts today." Davis echoed that sentiment, saying: "We're in this together. I said the cities need to be part of the solution ... both in balancing the budget and in effectuating structural change." That structural change, several mayors argued, should ensure that cities and Counties have revenue they can count on. Sacramento city officials say the license fee revenue stream amounts to $16 million annually, about 8 percent of their operating budget. For Los Angeles, it's $175 million annually, Hahn said. About the Writer The Bee's Tony Bizjak can be reached at (916) 321-1059 or tbizjak@sacbee.com. Bee staff writers*.]ohn Hill and Robert D. D~vila contributed to this report. Go to: $_a..c.b.~ / B.a..~_g_~to._s. tory .C~g~.~...M$/Eeedba.¢k I I~r!~ecy...l~,!!¢.y I Term~..o~ use News I Sports I Business I ~pJi~;i_c.s_ I Opinion I Entertainment ] Lifestyle I Travel I Women Cars I Classifieds I Homes I Jobs I Virtual ~4all Help I Newsletters i Site I~ap I Subscribe to the Print Edition I Traffic I Weather I Wireless Delivery_ http://www, sacbee.com/content/politics/ca/v-print/story/6025258p-6981931 c.html 1/31/2003 Tl~te Sacramento Bee -- sacbee.com -- Davis' vehicle fee plan sputters Page 3 of 3 _A_b_o_.u.[.U_s_ I Adv. e~i_se_i_n.._T_h_e_._B__e..e_ I ..Adv_e~is_e._.Qo.!i__n~ .C;...o_..n_t.a.__c_~_Cir_c_uJ_a_.~i.o_.n._.._C._u_s_.~.o.m..e_r_S_e_r_vi~c~ I [ Sacramento Bee Web sites ] S.a.c.b.e~,.¢om I .S.a_~T. ick~g, co.m I This article is protected by copyright and should not be printed or distributed for anything except personal use. The Sacramento Bee, 2100 Q St., P.O. Box 15779, Sacramento, CA 95852 Phone: (916) 321-1000 Copyright © The Sacramento Bee / vet. 4 http://www.sacbee.com/content/politics/ca/v-print/story/6025258p-6981931 c.html 1/31/2003 Ttie Sacramento Bee -- sacbee.com -- Davis faces dilemma on car tax hike Page 1 of 3 This story is taken from c~a at sacbee.com. Davis faces dilemma on car tax hike By John Hill -- Bee Capitol Bureau - (Published January 31, 2003) As California officials head to Wall Street next week to urge analysts to uphold the state's credit rating, Gov. Gray Davis may be faced with two choices: Give in to demands from fellow Democrats that he nearly triple vehicle license fees, or veto the fee hike but risk signaling to Wall Street that he and lawmakers can't manage the state's budget crisis. The Assembly earlier this week approved a measure making $8.6 billion in midyear cuts sought by the governor contingent on his agreeing to a measure that could trigger the increase in annual car fees. · The Senate on Thursday put off consideration of the license fee increase even as it approved a first round of budget cuts. But Senate President Pro Tern John Burton, D-San Francisco, said his chamber was likely to agree to the Assembly's general strategy when it considers the lower chamber's proposal next week. "It's not the way ! would have handled it," Burton said. "But we're now dealing with an Assembly bill. Why would we get into an argument or a test of wills with the Assembly over something they feel very strongly about and something we really don't?" After meeting for more than an hour with Democratic and Republican legislative leaders, Davis repeated that he doesn't like the idea of raising vehicle fees but declined to say what he would do if forced to decide. "i've said as clearly as ! can, without saying !'m going to veto the bill, that !'m not excited about raising fees on drivers," he said. The governor praised lawmakers for making a "good-faith" effort to meet their responsibilities but said their action -- or lack of action -- on midyear cuts could affect how much interest the state pays in the future on money it borrows. "! wanted the legislative leaders to know the decisions they're making today are likely to affect the attitudes of the ratings agencies," he said. "The failure to take actions !'ye proposed will increase the amount of money we'll have to borrow and will accelerate the date when we have to borrow it." Republicans in both chambers oppose the Democratic plan to raise license fees, but they also oppose Davis' alternative, which could deprive local governments of the $4 billion that such an increase would generate each year. The governor has said that any budget solution, including new revenues, should result from a consensus between the two parties, incJuding Senate Republican leader Jim Brulte and his http://www.sacbee.com/content/politics/ca/v-print/story/6026000p-6982565 c.html 1/31/2003 Th% Sacramento Bee -- sacbee.com -- Davis faces dilemma on car tax hike Page 2 of 3 Assembly counterpart, Dave Cox. "Just to ignore Republicans, ram through something on a bare majority vote, does not engage the kind of cooperation and goodwill that is necessary at the end of the day to get the Republican votes to adopt a budget," he said Thursday. The license fee bill would clarify the circumstances under which the fee paid each year by vehicle owners would return to its pre-1998 level of 2 percent of the vehicle's value. The state in recent years has been paying cities and counties about $4 billion a year to compensate for the revenue they lost as a result of the state's decision to reduce the fee. Davis proposed ending the payments. But the proposal found almost no support in the Legislature after police and firefighters said their budgets would be savaged. Instead, Assembly Speaker Herb Wesson, D-Culver City, proposed the law clarifying the circumstances that would "trigger" an increase. Republican leaders in both chambers oppose both raising the fees and eliminating the payments to local governments. The governor has proposed $8.3 billion in income, 'sales and cigarette tax increases. Burton said Republicans are unlikely to go along. "The theory is that if you don't do the VLF (the license fee bill) now, then the cities and the counties will be laying off cops and firefighters and it will become a critical mass that will get .lim Brulte and Dave Cox and all these people to march into my office and say, ' ... We want a tax increase.' I'm not sure that will work. "If the good Lord came down off the cross, that might work with some of the born-again Christian members of the Republican Party." But in general, Burton said, "they are impervious to pressure." The Senate cuts conform in most ways to ones approved by the Assembly on Tuesday. The differences, said Senate Budget Committee Chairman Wes Chesbro, D-Arcata, center mostly on how the two houses size up the impact of their actions. The Assembly counts on the cuts extending into the next fiscal year, which begins .luly 1. The Senate, by contrast, added up the reductions in the current fiscal year. Both houses fell short of the total of $5.4 billion proposed by Gov. Gray Davis, making only about $3.2 billion in cuts and other adjustments. The state faces a shortfall of $26 billion to $35 billion over the next 17 months. The general fund, the state's main bank account, is about $77 billion. Senate Republicans called the cuts inadequate. They proposed an amendment, which failed, to adopt most of Davis' proposals, for a total savings of $4.1 billion. "Don't put off until tomorrow what you can do today," said Sen. Dick Ackerman, R-Fullerton, vice chairman of the Senate Budget Committee. The Senate also adopted a trailer bill that would allow school districts to increase K-3 class size to 22, as long as the districtwide average does not exceed the current cap of 20. The Senate suspended a cost-of-living increase for the current fiscal year in monthly grants to the blind, elderly and disabled, as well as CalWORKS recipients. But it declined to take the same action for http://www.sacbee.com/content/politics/ca/v-print/story/6026000p-6982565c.html 1/31/2003 Sacramento Bee -- sacbee.com -- Davis faces dilemma on car tax hike Page 3 of 3 cost-of-living adjustments in the coming fiscal year, as Davis proposed, or to reduce state grants to the federal minimum. "We don't need to make that decision now," Chesbro said. In a move opposed by Republicans, the Senate approved a bill that would allow prison inmates to get good time credits at a faster rate if they applied for school and work programs but couldn't get in. Nonviolent inmates would be released on parole a month early, and parolees would be discharged after 12 months. "This takes us down a slippery slope," said Sen. Bruce McPherson, R-Santa Cruz. About the Writer The Bee's .lohn Hill can be reached at (916) 326-5543 or jhill@sacbee.com. Go to: Sa.c.b.e.e /.B~.ck..to..~tory Contact Us/Feedback I Privacy Policy I Terms of Use _N~ I ~p...o__~.~ I ~U_s.i_r!_e.~.~ I P_o!i~i. cs I gpi_nLo, n I ~o!:e.~pi_n_.m..._e.r!.!; I U_fe_s_l;.y!~ I ~[r~!.)t~! 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Box 15779, Sacramento, CA 95852 Phone: (916) 321-1000 Copyright © The Sacramento Bee / vet. 4 http://www.sacbee.com/content/politics/ca/v-print/story/6026000p-6982565c.html 1/31/2003 Da~s Yields in Fight for Local Funds Page 1 of 4 ~ .................................... i Home I Register I Home Delivery I Site Map I Archives I Print Edition I Adverti Hi, Rhonda03 January 30, 2003 ~ E-malt story ~ Print a d ' Davis Yields in Fight for Local Funds :: i!iii:~ ' He admits plan to keep $4 billion in annual payments to cities and counties is dead. The state now has to find that much elsewhere. · Newspaper Ads By Gregg Jones, Nancy Vogel and Carl Ingram, Times Staff Writers Art, Theater, Night Life Movies, Music, TV, Dinin SACRAMENTO -- Gev. Gray Davis acknowledged Wednesday that his proposal to end Coverage of California's National $4 billion in annual car tax payments to local economic woes. State Local governments is all but dead in the Legislature. White House Times Headlines City Hall The Courts If so, the governor and lawmakers would be forced Bush Presses Case Against Columnists to find another $4 billion in spending cuts or tax Iraq Times Poll Town Hall L,A. increases to balance the budgets for this year and Economy, War Not Columns next, and an increase in the vehicle license fee -- Separable Ronald Brownstein Putt Morrison SO far opposed by Davis -- would become more Davis Yields in Fight for George Skelton likelv. Local Funds Special Reports Bush Economic Plan Some in South Gate Fear 2004 Elections After meeting with Los Angeles Mayor James K. Funds at Risk Homeland Security Conflict With Iraq Hahn and mayors of five other major cities Home Buyers to Gain The New Congress ----- -aWednesdav afternoon,.. Davis told reporters "there'sAccess to Claims Records State Budget Crisis Resources no indication" the Legislature would approve his more > Politics Sites proposal to cut the payments the state has made to Gov't Sites Supreme Court Info, local governments for four years, suascraBt to the Lo~ Ansele$ Time Letters to the Editor ---,-, click here ~'~':~;~ "No such vote has passed," said Davis. "No such The World The Nation vote has come close. No such vote is likely to California [ Local come close in the foreseeable future." Business Politics DAVIS GRAY Sports In 1998, the state reduced the vehicle license fee, Technology money that goes to cities and counties, by two- CALZFORNIA Travel thirds. At the same time, the state made up the POLITXCS Editorials~ Op-Ed Sections difference to them. It's that "backfill" that Davis BUDGET Arts & Entertainment Books now proposes to eliminate. Education The proposal was a key element of the governor's Food plan for bridging a budget shortfall estimated at Health Highway 1 more than $26 billion over the next 17 months. ~Y0u.[ e;m~!.! ............ Kids' Reading Room Local government officials said losing the $4 .u~ge vo~. Magazine Obituaries billion in backfill payments would devastate city .... - ~ · . Real Estate and county budgets and jeopardize public safety. Religion Science Sunday Opinion Times Poll Feeling the pressure from local governments, the Democratic-controlled http://www.latimes.com/news/politics/la-me-budget30j an30,0,1039429.story?coll=la%2Dh... 1/30/2003 Davj. s Yields in Fight for Local Funds Page 2 of 4 Week in Focus state Assembly is attempting to force the governor's hand by linking an For the Record Editions increase in the vehicle fee with $3.5 billion in cuts the governor wants in Print Edition the current state budget. The Assembly approved legislation Tuesday that National (PDF) Wireless made the cuts contingent on an increase of most vehicle fees to the 1998 NewsDirect level, which is 2% of a car's value. Tripling the car tax would add $124 to Extras College Connection the license fee paid by the owner of a vehicle valued at the state average of Sweepstakes $9,200. Crossword Horoscope Lottery Traffic In a further bit of legislative ingenuity, Democrats exempted vehicles sold Weather for less than $5,000 from the proposed increase and declared their Multimedia Archives assessment a "levy" rather than a "fee." Unlike a fee, a levy takes effect Enter Keyword(s): immediately and can't be overturned by referendum -- a course of action ] i' ~ that Republicans and taxpayer groups are threatening. Detailed Search SITE MAP [~ j;~.~ ~,~ Senate leader John Burton (D-San Francisco) said the Senate would Subscription Services consider similar legislation next week. (800) 252-9141 Home Delivery Subscriptions NewsDirect The mayors also met with legislative leaders as they stepped up pressure on Gift Subscriptions College Discount Davis to abandon his proposal to end the assistance to local governments or Mail Subscriptions raise vehicle license fees by an equal amount. Additional Subscription Information & FAQs  ,~[~ "What we're saying is you cannot balance the state budget entirely on the -,,=,,~, backs of the cities," Hahn said after the meeting with Davis. - Careers , Homes · Cars Agreeing to Disagree · Rentals · Newspaper Ads · Times Guides Hahn described the meeting as cordial, but he said Davis "was very clear · Recyc[er.com with us that he's very reluctant to support" higher vehicle license fees. LA Times Initiatives Times in Education Reading by 9 Davis says he opposes the proposed tripling of vehicle fees, but he won't LA Times Books LA Times Family Fund say whether he intends to veto the measure if it reaches his desk. Times-Mirror Foundation Community Events Inside the Times The governor also warned Wednesday that the state probably will have to Partners borrow money from Wall Street at the end of the fiscal year in June to meet ~. ~. i ~.f ~ its obligations as the government starts the new bookkeeping year on July Davis did not indicate how much may have to be borrowed, but that it would be done by the sale of state "revenue anticipation notes," a short- term loan device that has been used in the past to provide capital needed at the start of the new fiscal year. The loans would be paid off at an unspecified interest rate when state revenues improve. The governor said California finance officials will travel to Wall Street next week for an annual conference with credit rating agencies, where they will detail the state's troubled fiscal condition. Because the state's credit rating may be at stake, Davis indicated that the meeting would provide additional pressure on lawmakers to move swiftly http://www.latimes.com/news/politics/la-me-budget30j an30,0,1039429.story?coll=la%2Dh... 1/30/2003 Dav~J~s Yields in Fight for Local Funds Page 3 of 4 /. on budget cuts, and that they may need to be far more severe than lawmakers have been willing to be so far. He warned that before they loaned the money, bankers would demand proof that the state could pay off the loans. "They [bankers] don't want cuts that are problematical. They want cuts that are real," Davis told reporters at an impromptu press conference following his meeting with the mayors. Oakland Mayor Jerry Brown, the former govemor, suggested that local govemments will ultimately hang on to their $4 billion in annual "backfill" payments from the state because Davis can't end the payments without a change in the law -- and the Legislature won't send him the legislation that he'll need to change the law, said Brown. The mayors warned of potential catastrophic cuts in local services, including police and fire protection. Local governments and representatives of police and fire units from around the state have descended on the Capitol in large numbers in recent days to pressure the Legislature to either scrap the Davis proposal or increase vehicle license fees to make up for the loss in state funds. "The math for all of us is very simple," Hahn said at a press conference with other mayors earlier in the day. He and Brown were joined in the meeting with Davis by San Jose Mayor Ron Gonzales, Long Beach Mayor Beverly O'Neill, Sacramento Mayor Heather Fargo, Santa Ana Mayor Miguel Pulido and Los Angeles City Council President Alex Padilla. "If you take the amount of money from the cities that's been talked about, you take cops off the streets, you take firefighters off their rigs, you close down parks, you shutter the libraries," Hahn said. Davis' proposal would cost the city of Los Angeles $175 million over the next 17 months, he said, or the equivalent of 2,333 police officers. "That would jeopardize the safety of the people of Los Angeles," said Hahn. Small cities would be hurt even worse than big cities, he added. For some smaller cities, the elimination of the vehicle funds "would wipe them out," Hahn said. The bill to triple vehicle license fees passed the Assembly on largely partisan lines on a majority vote. Minority Republicans cautioned Democrats against counting on any new money from a higher car tax. Sen. Tom McClintock (R-Thousand Oaks) said he plans to file a petition for a referendum if the Legislature and Davis adopt the bill, AB 4X by http://www.latimes.com/news/politics/la-me-budget30j an30,0,1039429.story?coll=la%2Dh... 1/30/2003 Dav./s Yields in Fight for Local Funds Page 4 of 4 Assembly Speaker Herb J. Wesson Jr. (D-Culver City). Such a petition would suspend the law for 90 days, during which McClintock must gather 373,000 signatures to allow voters to decide at the next general election whether the law should take effect. 'Is It a Tax Levy or Not?' "Is it a tax levy or is it not a tax levy?" said McClintock. "If it's a tax levy it requires a two-third vote. If it's not a tax levy, it's subject to referendum." He called the bill a sign of the "contempt" Assembly Democrats hold for the state Constitution. Though most tax increases require a two-thirds vote of the Legislature, the Wesson bill qualifies as a tax levy needing only a majority vote because it includes a tax reduction, according to the legislative counsel's office. The bill reduces fees for people who bought their cars for less than $5,000. Ifl~u want other stories on this topic, search the Archives at latimes.com/archives. Click here for article licensing and reprint options Copyright 2003 Los Angetes Times By visiting this site, you are agreeing to our Terms of Service. Privacy Policy http://www.latimes.com/news/politics/la-me-budget30j an30,0,1039429.story?coil=la% 2Dh... 1/30/2003 League of California Cities Page 1 of 2 .~e~.~od....!nf~rm.~t!~.o > ~_~p.~l.~t~.~ > Assembly Passes VLF Trigger Bill Assembly Passes VLF Trigger Bill Photo: Some of the approximately 100 police chiefs, fire chiefs and officers who came to the Capitol to observe the Assembly debate on AB 4X. As promised, on January 28 the Assembly took up and passed on a 45 - 33 vote ABX1 4 - Wesson (known as AB 4X), the VLF trigger bill that clarifies how the VLF can be restored due to insufficient funds in the state general fund. (._CJic_k.. h~r_e.__t_O_.s_e__e_...!~.Q..w._._.yo_u..[ With the gallery packed with approximately 100 police chiefs and other uniformed personnel, the debate went on for approximately 90 minutes. It followed debate and action on a package of spending cuts that was tied to the VLF bill. Speaker Wesson concluded his remarks with the following: "It is easy to keep a promise during the good times, harder to do so during the bad times. A promise is a promise and we're judged by our deeds and our actions...We will refuse to lay off 15,000 firefighters...For the past few days there's been references to cocaine. I request that you choose your words more carefully because I take issue with that." · Bill Amendments Exempt Lower-Value Vehicles Before taking up the bill, the Assembly first took up an amendment offered by Assembly Appropriations Chair, Darrell Steinberg, retaining the VLF reduction for vehicles with a "cost price" of $5,000 or less. Steinberg indicated this was desirable policy and' would immunize the statute from being subject to referendum. (Apparently statutes containing tax reductions are not subject to referendum as proposed by Senator Tom McClintock). How Will the $5000 Exemption Affect VLF Revenues? The fiscal impact of the amendment is an estimated $80 million. At this point we are assuming that the fiscal impact will be born proportionately throughout the VLF - - including the non-realignment portion going to counties. Cities get about 30% of the VLF revenue (net of state administrative fees), with the other 70% going to counties for realignment, special allocations and their base-per-capita amounts. Assuming all this remains unchanged, and assuming the legislative staff estimate of $80 million impact is correct, then cities will be impacted by roughly $24 million. For information purposes since 1992-1993 the VLF has increased at an average annual rate of 6.55%. Between 2001-02 and 2002-03 it is estimated to increase by 7.7%, or $380 million. If the $80 million reduction occurred, the VLF would still grow by $300 million. What Will the Governor Do With AB 4X? There is no further word from the Governor's office on his position on the AB 4X, but we know he continues to have reservations about it. The bill now goes to the Senate where it awaits efforts by some to add amendments dealing with housing element compliance (Tom Torlakson) or changing the statutory allocation formula. http://www.cacities.org/doc.asp?printable=yes&ID=6816 1/30/2003 League of California Cities Page 2 of 2 What Next? The bill is expected to be taken up January 30 in the Senate Budget Committee. City officials should keep up the contacts with their Senators about the importance of this measure as a means of restoring the VLF and protecting local services. And don't forget to thank your Assembly Members! C!ick. herefor more !nform~ti.o~. http://www.cacities.org/doc.asp?printable=yes&ID=6816 1/30/2003 League of California Cities Page 1 of 1 Ne.~s. and !n. form.atio.n > News.Upd.a.t;es > Assembly Floor Vote Assembly Floor Vote ASSEMBLY FLOOR VOTE ON ABX1 4 [AB 4X] (Wesson) ....................................... ~..u,.ary 2B, 2003 AYES - 45 Berg Firebaugh Lieber Pavley Bermudez Frommer Liu Reyes Calderon Goldberg Longville Ridley-Thomas Canciamilla Hancock Lowenthal Salinas Chan Horton, J Montanez · Simitian Chavez Jackson Mullin Steinberg Chu Kehoe Nakano Vargas Cohn Koretz Nation Wiggins Corbett Laird Negrete McLeod Wolk Diaz Leno Nunez Yee Dutra Levine Oropeza Mr. Speaker Dymally NOES - 33 Aghazarian Garcia Maddox Parra Bates Harman Maldonado Plescia Benoit Haynes Matthews Richman Bogh Horton, S. Maze Runner Cogdill Houston McCarthy Samuelian Correa Keene Mountjoy Spitzer Cox La Suer Nakanishi Strickland Daucher Leslie Pacheco Wyland Dutton NOT VOTING - 2 Campbell La Malfa http://www.cacities.org/doc.asp?printable=yes&ID=6817 1/30/2003 League of Califomia Cities Page 1 of 1 .~.ws....and Inforrr!.a.~;.!.o.n > Ne.ws...Upda!;es > Current Year VLF and RDA Cuts Rejected Current Year VLF and RDA Cuts Rejected Focusing exclusively on the current budget year cuts proposed by the Governor, the Senate and Assembly budget committees last week both adopted a number of the proposed cuts, but rejected the Governor's proposed current year cuts to the vehicle license fee backfill and the proposed shift to the state General Fund of $500 million in redevelopment agency housing funds. For the time being, local governments have escaped significant cuts to local revenues; but it is still early in the process and the more difficult cuts are expected to occur when constructing the 2003-04 budget. The urgency in taking these budget actions in January is to secure both savings and revenue gains for as long as possible in the current budget year. The goal is to have any cuts and revenue enhancements in place by February 1st to ensure at least 5 months of budget adjustments for the remainder of the 2002-03 budget year. City officials should thank their legislators for taking this action! Call them, write them, tell them in person how much you appreciate their support for preserving local services. http://www.cacities.org/doc.asp?printable=yes&ID=6812 1/30/2003 Talking Points Concerning Restoring the VLF January 15, 2003 It's time to end the VLF holiday. · When the VLF offset was authorized in the 1990's, legislators from both parties agreed to language specifically providing that the fee would return to higher levels whenever "insufficient moneys are available" in the General Fund. Certainly, that day has arrived. · Increasing the VLF is consistent with existing law and the right thing to do to protect critical local services. Promises made should be promises kept. · A deal is a deal - and restoring the VLF when "insufficient moneys are available" was the deal on which all legislators agreed - Senate and Assembly, Republicans and Democrats. · The Governor and legislature should do the right thing and keep their commitments, by acting nowto restore the VLF. The VLF is deductible against federal tax obligations. No one likes to pay taxes - but at least consumers can deduct the VLF against their federal taxes. Local public services are at risk. The VLF is a critical component of funding vital local services. VLF payments constitute as much as 25% of local governments general-purpose revenues. On average, more than 60% of city general fund spending and more than half of county general funds go to police, fire, emergency medical and health care programs. The exact amount of the deficit is not the issue. The issue is the vulnerability of critical local services. Disagreements over the size of the state deficit simply underscore our key issue: local services are vulnerable, and will remain so unless and until the state keeps its promise to fully fund the Vehicle License Fees. Keep the promise. End the vulnerability of local services. Vote to restore the VLF. KERN COUNCIL OF GOVERNMENTS (661) 861-2191 Kern COG Quarterly Winter Z003 Budget proposal slams road projects By JOE STRAMAGLIA Transportation Improvement Program $30 million; Senior Planner (STIP). All of these TCRP projects are now .:o Widening two intersections of State With transportation investments making up proposed for indefinite deferment. Route 65 in Kern County for $12 million; a $1.8 billion component of the govemor's In his proposal to reduce spending, .~. Interchange work at State Route 99 mid-year spending reduction proposals, pro- Davis' revised budget puts the burden of and 7th Standard Road for $8 million; jects in the Kem region have seen better days. reconciling TCRP project delays with re- -:. Provide local match funding for At the heart of this proposed budget gional agencies and the California Trans- Bakersfield System Study for $350,000. reduction is the Transportation Conges- portation Commission (CTC). In the 2001-02 state fiscal year, streets tion Relief Program (TCRP), enacted by. 1that process is being played out now - and roads payments to- cities and the Gray Davis in 2000 while the economy through numerous workshops and meetings, county totaled $1.9 million. Losses are was still booming. The $1.7 billion pro- The CTC and regional agencies are ex- expected for the last three quarters of this posal created a special transportation pro- pected to outline how allocation priorities fiscal year and beyond. gram, paid for with general fund reve- will be established for the rest of this year While most of the $350,000 has been nues, and added new projects to existing and into the 2004 STIP programming cycle, received for the Bakersfield System transportation programs statewide. The Kern region received $50.3 million Study, the remaining projects were not Additionally, the TCRP proposed atran- through the 2001-02 TCRP to help fund yet ready to take advantage the available sit component as well as streets and roads four congestion relief projects, including: funding and will be delayed until funding maintenance funding to the existing State .~. Widening on State Route 46 for is identified to advance those projects. Environmental justice policies examine transportation equity By ROBERT R. PHIPPS Inside this issue: AdmmistrativeAnalyst Average trip time 1998 2030 GIS grant awarded 2 Kern COG in February will put the (region, mode & time of day) projection finishing touches on a set of policies de- State Route 184 widening 2 signed to ensure that traditionally under- Countywide, auto, 16 min. 17 min. 2000 Census data: 3 represented population groups are getting PM peak: Kern education levels the same benefit from regional transpor- tation projects as everyone else. EJ Areas, auto, 14 min. 16 min. Cities embrace 4 Environmental Justice - first ad- PM peak: downtown projects dressed in Title VI of the 1964 Civil Metro transportation 4 Rights Act- seeks to protect federally Countywide, 46 min. 49 min. investment strategy targeted populations, such as low-income transit, PM peak: Kern COG clebuts on TV 5 and minority groups, from adverse ef- fects of government activity. For Kern EJ Areas, transit, 46 min. 49 min. Rural transit study enters 5 second phase (Please see JUSTICE, Page 6) PM peak: PAGE Z KERN COG QUARTERLY GI$ grant pays for Kern general plan mapping · Kern COG helps vital to the smooth integration The Kern Geographic Infor- assumes that as local agencies and decision making that local mation Network (Kern grow, they will be weaned of the establish infrastructure. governments carry out in their GEONET) is a consortium of need for Kern COG's assistance. programs every day. local governments adminis- Maricopa, Wasco, Shafler, Kern By ROB BALL Eighty percent of all local tered by Kern COG. It coordi- County Community Develop- Senior Planner government data could be nates GIS development locally, ment Department, Bakersfield Kern County will be able to maintained more accurately saving cities more than $2 mil- Economic Development Depa[t- provide a digital map of its and displayed more meaning- lion from the joint purchase of ment, Kem County Community general plan thanks to a fully through GIS. GIS is more digital aerial imagery and crea- Development Department and $50,000 Geographic lnforrm- than computer mapping, how- tion of other data layers, the Indian Wells Valley Re- tion Systems Technical Assis- ever. Through its automated Kern COG has signed long- source Conservation District are tance grant from Kern COG. joining of data tables and term agreements with some local a few of the agencies that Kern The grant was amended into maps, GIS displays spatial pat- govemment agencies to assist COG has assisted with develop- Kern COG's 2002-03 Overall terns that were previously too them in developing and maintah- ina GIS. Work Program in January. costly to research, ina GIS. These custom agre e- Kern COG also helps d e- Since the mid-1990s, Kern Local governments using meres provide expertise and sta- velop standards to increase COG has assisted local agen- GIS benefit from better deci- bility for smaller agencies more data sharing benefits and pub- cies in developing GIS infra- sions provided by the inforrm- vulnerable to staff turnover, lish data on the Interact to re- structure. These systems are tion available on these maps. The "incubator" program duce public inquiries for data. State Route 1 84 widening ' II 't ..... set_ for c_o_nstructi_o_n__in_2 .... ...... JOE STRAMAGLIAProject Spotlight Panama t~F ~-* _ By Senior Planner J I ~ 7 A project to widen 6~/2 - ~ t o 7i~]1] I_ ~ ~ ~ ._~ miles of roadway to four Environmental analysis ~ OO h~ IPanama Rd ~ uaXJ lanes on State Route 184 began in early 2002 and is ~ ' I Bt i ~ ~:,~ (SR 184), or Weedpatch scheduled to end by October _ i I ,, ~ ~ Highway, may see constru c- 2004. Four alternatives were - tion by 2009. developed to assess design \ _j I ~ ~ ~ This north/south state and environmental impacts, r~ [ BuenaVista ~ route, located just east of Public hearings and a review Bakersfield, bisects Lamont of the state/federal environ- and connects in the north to mental document are slated 4~[~-~[/~'-- ~ State Routes 58 and 178 via for fall 2003. Issues to be / Morning Drive, and I-5 to studied include: pedestrian the south via Wheeler Ridge safety, storm water manage- ~ Road. ment, rights -o f-way, biology ~ I This important route and impacts to the surround- serves both commuters and ina community. truck traffic, and is an im- The second half of the portant access route for rec- preliminary engineering was The segment of Weedpatch Highway under preliminary design reational travel to the Lake recently funded for $1.34 and environmental review extends from State Route 223 (Bear Isabella area via SR 178. million. At this point, the Mountain Boulevard) north to Panama Lane. Costs for right-of- The segment of Weedpatch project has received $1.9 way acquisition and construction are estimated at $40 million. Highway under preliminary million, those two phases are esti- will change as an alternative design and environmental Still missing from this mated at $40 million (in is selected, design work is review extends from SR 223 programming are the right- 1999 dollars), more than concluded, inflation is con- (Bear Mountain Boulevard) of-way and construction dol- half of which is for right-of- sidered and construction north to Panama Lane. lars. Preliminary costs for way purchases. These values bids get under way. KERN COG QUARTERLY PAGE 3 Educational Attainment of Persons aged 25+ Cities and Census Designated Places-Kern County, California Source: Year 2000 Census PLACE Population Less than High School Some Associates Bachelor Age 25+ High School Diploma College Degree Degree+ Arvin city 6,047 77.38% 13.36% 5.11% 1.97% 2.18% Bakersfield city 142,060 24.12% 23.35% 25.91% 7.27% 19.35% Bear Valley Springs CDP 3,086 6.48% 19.25% 32.40% 10.73% 31.14% Bodfish CDP 1,340 29.10% 40.67% 15.60% 5.30% 9.33% Boron CDP 1,437 25.12% 28.67% 29.58% 7.03% 9.60% Buttonwillow CDP 627 62.20% 21.05% 13.24% 1.75% 1.75% California City city 5,227 17.16% 25.62% 35.51% 9.62% 12.09% China Lake Acres CDP 1,213 25.23% 26.22% 31.49% 5.94% 11.13% Delano city 21,789 51.33% 26.66% 13.23% 3.29% 5.48% Derby Acres CDP 254 35.04% 37.01% 17.32% 5.51% 5.12% Dustin Acres CDP 386 18.91% 33.16% 37.31% 6.48% 4.15% Edwards AFB CDP 2,450 4.78% 14.08% 38.78% 14.45% 27.92% Fellows CDP 98 18.37% 42.86% 21.43% 3.06% 14.29% Ford City CDP 2,051 32.81% 34.62% 20.28% 7.80% 4.49% Frazier Park CDP 1,554 17.50% 30.69% 26.77% 10.10% 14.93% Golden Hills CDP 4,443 11.88% 26.69% 33.74% 8.60% 19.09% Inyokern CDP 683 18.30% 31.63% 29.14% 6.44% 14.49% Johannesburg CDP 106 0.00% 26.42% 65.09% 8.49% 0.00% Keene CDP 185 4.86% 19.46% 28.11% 7.03% 40.54% Kernville CDP 1,366 14.71% 32.80% 32.80% 9.74% 9.96% Lake Isabella CDP 2,414 38.40% 31.36% 20.01% 4.56% 5.68% Lake of the Woods CDP 532 10.53% 36.84% 23.50% 7.52% 21.62% Lamont CDP 6,397 70.35% 16.35% 8.69% 2.20% 2.41% Lebec CDP 782 27.88% 30.05% 24.42% 5.8_8_% 11.76% Lost Hills CDP 853 86.28% 7.50% 3.63% 0.00% 2.58% McFarland city 4,879 59.85% 23.75% 10.90% 2.30% 3.20% McKittrick CDP 99 26.26% 35.35% 37.37% 1.01% 0.00% Maricopa city 705 32.62% 39.43% 17.45% 7.23% 3.26% Mettler CDP 57 57.89% 17.54% 17.54% 0.00% 7.02% Moiave CDP 2,117 28.53% 36.09% 24.89% 4.39% 6.09% Mountain Mesa CDP 557 26.21% 33.57% 31.42% 6.82% 1.97% North Edwards CDP 846 18.79% 32.74% 31.91% 7.57% 8.98% Oildale CDP 16,971 30.26% 31.91% 26.07% 5.53% 6.23% Onyx CDP 332 37.65% 30.42% 19.28% 8.43% 4.22% Pine Mountain Club CDP 1,196 9.28% 19.57% 30.35% 9.45% 31.35% Randsburg CDP 59 32.20% 13.56% 54.24% 0.00% 0.00% Ridgecrest city 15,702 12.61% 23.49% 28.12% 11.39% 24.39% Rosamond CDP 8,618 24.29% 27.28% 29.73% 7.66% 11.05% Rosedale CDP 5,067 11.84% 21.71% 27.71% 10.22% 28.52% Shafter city 6,594 52.65% 23.84% 15.73% 2.17% 5.61% South Taft CDP 1,143 33.16% 33.51% 23.18% 7.87% 2.27% Squirrel Mountain Valley CDP 393 8.40% 36.39% 29.77% 4.83% 20.61% Stallion Springs CDP 1,089 9.83% 30.67% 34.53% 8.45% 16.53% Taft city 5,231 27.68% 31.70% 25.08% 6.79% 8.76% Taft Heights CDP 977 22.21% 31.32% 25.59% 9.52% 11.36% Tehachapi city 7,504 28.05% 34.17% 23.56% 7.84% 6.38% Tupman CDP 122 32.79% 47.54% 13.11% 1.64% 4.92% Valley Acres CDP 392 18.11% 32.40% 40.82% 3.32% 5.36% Wasco city 12,376 45.89% 32.91% 12.82% 4.20% 4.18% Weedpatch CDP 1,284 79.98% 12.15% 6.23% 0.70% 0.93% Weldon CDP 1,931 38.79% 30.81% 21.23% 4.19% 4.97% Wofford Heights CDP 1,876 21.48% 41.36% 21.27% 6.13% 9.75% Kern County Total 305,497 29.83% 25.36% 23.67% 6.68% 14.45% California 21,298,900 23.21% 20.13% 22.91% 7.13% 26.62% US 184,499,965 19.85% 28.55% 20.94% 6.33% 24.33% PAGE 4 KERN COG QUARTERLY Kern cities embrace downtown projects · TEA improvements under way throughout the county. By PETER SMITH Senior Planner Federally funded Transpor- tation Enhancement Activities (TEA) projects in Kern County continue to grow. TEA pro- jects enhance the quality of life in and around transportation facilities. Progress on individ- ual projects is as follows: 'rhe historic Union Pacific train depot in lehachapi is one of several projects throughout Kern County Delano: Downtown street- due for restoration or construction under the lransportation Enhancement Activities program. scaping on Main Street be- tween 13th Avenue and 9~ Morning drives is nearly eom- studies, layed because of design issues, Avenue is under construction plete, awaiting finishing touches. Kern County: The South but a spring 2003 contract is .and.anticipated_to_be-com-~ , Tehacha~i~:~The-rai~r~ad~Jni~n~B~u~evard`~ands~aping-~anticipated~f~r-¢~ns~m~ti~n .... pleted in spring 2003 depot renovation project on improvement project between Arvin: The city has corn- Bakersfield Downtown Tehachapi Boulevard is in its Ming Avenue and Bmndage pleted its pedestrian improve- streetscape expansion on l'?h preliminmy engineering phase Lane is finished, as is the Er- ment project at several differ- through 22nd streets, one block after a long negotiation with skine Creek bike lane project ent locations throughout town. east and west of ChesterAvenue, Union Pacific Railroad. The from Kem Valley High School Wasco: The city completed is complete. The Northeast bike Tehachapi Boulelvard land- to Lake Isabella Boulevard. A its downtown beautification path between California Living scaping project is also under- landscape improvement project project on 7th Street between Museum and Paladino and going preliminary engineering in Panorama Park has been d e- Cedar Avenue and G Street. Transportation investment strategy still rolling on 5th anniversary By RAQUEL CARABAJAL City of Bakersfield's Beautification Plan; transportation-related air quality emis- Regional Planner I1 various bikeway projects; and State Route sions; and Despite significant changes in the local po- 58/99 ramp pavement resurfacing projects )~ provide residents with more mobil- litical and economic climate, five years later to name a few. A complete list of planned ity choices and connections to major projects endorsed in the 1997 Metro Bake~s- activities is available in the 2002 MTIS travel destinations. field Major Transportation Investment Strategy newsletter at www.kerncog.org/newslttr. Each MTIS project is applicable to one (MTIS) Action Plan have been completed. The 2002 MT1S Action Plan Update of seven core categories: Some of these include: a compressed highlighted the accomplishments of phase 1) Roadway projects; natural gas fueling station for Golden Em- one (1997-2002). The MTIS Action Plan 2) Roadway operations and mainte- pire Transit (GET) District; 73 different is designed to: nance; street resurfacing projects; a grade separa- )~ provide the most appropriate trans- 3) Transit projects; tion project on Calloway Drive; and land- portation response to projected growth 4) Transit operations and maintenance; scaping on State Route 58 near the Madison patterns in Bakersfield; 5) New connections between transpor- Avenue undercrossing. >' maintain and improve mobility to tation modes; Many more projects have been added and through Bakersfield's central district; 6) Non-motorized modes; and to the list selected in 1997, include the )~ reduce, or at least not increase, 7) Land use elements. · KERN COG QUARTERLY PAGE 5 Rural transit strategy enters second phase By MARILYN BEARDSLEE tern. elude fixed route restructuring sory Committee as well as fo- Senior Planner Because of numerous politi- for Kern Regional Transit and cus groups with transit users. Kern COG's Regional Rural cal and environmental chal- local fixed-route services; the Following input from Kern Transit Strategy has completed lenges associated with operat- introduction of flexroutes- a County's transit operators, the its second phase with an alter- ing additional transit service, cross between a fixed route Project Advisory Committee natives analysis that includes the consultant- Nelson/ schedule and dial-a-ride ser- and Kern COG staff, as well as proposed service improve- Nygaard Consulting Associ- vice - and volunteer drivers, the results of the rider focus ments, administrative and ates - has identified a need to The next step will be to de- groups, a final report will be funding opportunities, and establish and maintain service termine how far the various prepared that will include a short- and long-term coordina- standards related to efficiency, alternatives should be ex- recommended service plan, tion efforts. The study intends quality, reliability and design, panded, revised or refined, administrative and funding to provide rural Kern residents Some of the service aitema- This discussion will include strategies and a coordination with a streamlined transit sys- tives under consideration in- members of the Project Advi- strategy. Lights, camera, action! ]'aft is one oflhe cilies receiving a technical as- sistance granl from Kern Kern COG hits KGOV COG for a pavement airwaves in February munity development plan By ROBERT R. PItlPPS and ~he Kern River Park- Administrative Analyst way. Kern COG in January embarked on its first experiment with'televised meetings wh~/fi a three-camera creTM from Kern overnment (K OV) up shop gen y'. Maricopa, Ridgecrest among cities Boardroom. televised } oa a meetings, which hou d bcg n awarded technical assistance grants on Mondays in early February on Cox and TimeWamer By PETER SMITH Channel 16, are the product of more than two years of plan- Senior Planner ning and research. Board members agreed in January to open Kern Council of Governments awarded Technical Assistance contract negotiations with Station Manager Rick Davis after grants to three of its member cities in September as part of the KGOV was the only video production vendor to respond to a agency's ongoing mission to aid in transportation and land use request for qualifications, planning efforts whenever possible. KGOV proposes to use a three-camera setup, two of which The Technical Assistance program provides cities with staff- are manned to cover Board members and staff. The third ins and resources through Kern COG that they may otherwise camera sits stationary on the speaker's podium. Additional be unable to fund themselves. lighting and a sound mixer are also proposed to be on site The city of Ridgecrest was allocated $46,000 to produce a during an average two-hour meeting, pavement management study, which helps officials plan and Kern COG staff began preparing for the transition to televi- budget for ongoing pavement maintenance. Thc information sion almost two years ago after the Board first expressed in- saves the city money by devising a system to identify when and terest in making the public more aware of its role in transpor- where road maintenance will need to be addressed. Taft was ration planning. Both Kern COG and KGOV spent months also awarded a $25,000 grant for a pavement management waiting for the cost of digital video equipment to decline, study. But, facing stable prices, Board members agreed in October Maricopa, in the county's southwestern comer, was awarded 2002 to bring in a vendor with mobile equipment. $30,000 to develop a right-of-way base map to clarify street To prepare for the cameras, the agency purchased a new right-of-way boundaries and to assist in establishing a mainte- podimn with a built-in sound system; new, brighter fluores- nance program. cent lighting; and skirting for the conference tables. The ta- Kern COG receives an average of' five grant applications bles and audience seating were also rearranged to better allow each year. Other Technical Assistance projects have included for complete camera coverage, community development plans in South Taft and Frazier Park, Staff expects in February to provide the Board with an agree- as well an environmental study for the recently completed ment between Kern COG and KGOV. Southwest extension of the Kern River Parkway. PAGE 6 KERN COG QUARTERLY Caltrans sccking public comment on statewide transportation plan By MARILYN BEARDSLEE million people over the next 20 Plan, developed in partnership Copies of the plan are available Senior Planner yeats, the demand for transportation with regional and local transporta- through themail a~ Depamnent of The state's Department of ~ will only increase, tion providers, will provide strate- Transportation, Division of Transl~r- Transportation is asking the pub- CalWans willbe challenged to pm- gies for meeting future transporta- tation Planning OfficeofState Plan- lic'shelpindevelopingitsCalifor- videforthetmnsportationneedsof tion needs and will identify priori- ning MS 32,1120 N Street, Sacra- nia Transportation Plan, a blueprint the state's growing population and its ties for limited fimding, mento, CA 95814. of transportation strategies and continued economic prosperity Comments and concems will influ- Comments or requests may also priorities for the next 20 years, while maintaining Califomia's ence the state's transportation priorities be left by phone at (916) 653- WithCalifomia'spopulationpo- unique natural environment, andhelpframethevisionforCalffor- 1637; TI'Y: 1/800-735-2929, orat jected to grow from 35 million to 50 The Califomia Transportation nia's futurelrartspottafion system, www.dot.ca.gov/hq/tpp. JUSTIC[: Seven criteria chosen to demonstrate equitable service among all residents (Continued from page 1) eluding low-income, non-White, senior service outside those areas, on the whole. COG, that process includes making sure and transportation-disabled groups. Kern COG's computerized transportation that transportation projects demonstrate In addition, the task force approved seven model estimated for 1998 a 16-minute average equitable efficiency to all of Kern's citi- criteria through which to judge whether triplength throughout the county, but only 14 zens. Kem COG was meeting its goals for equita- minutes for those trips beginning in a targeted Beginning in May 2002, staff assenv ble service, including: safety, cost- area. Projecting out to 2030, the model indi- bled a task force made up of community- effectiveness, consumer satisfaction, and cates a slight travel time increase for both tar- based and non-profit organizations, as equity. For most of the criteria, the goal geted concentrations and the county as a well as other government agencies, whose wast o demonstrate a level of service that whole- 16 and 17 minutes, respectively. mission is to serve the underprivileged, was no worse than the county average. Staff continues to work with the model to The task force located target population Preliminary findings largely indicated extract other statistical data, such as urban concentrations of 200 or more throughout that transportation efficiency inside targeted versus rural average trip times and more the region using 2000 Census data, in- environmental justice areas already exceeds transit-specific information. KERN COUNCIL OF GOVERNMENTS (661) 861-2191 1401 19th St., Suite 300 Bakersfield, Calif. 93301 Phone: 661-861-2191 Fax: 661-324-8215 Email: rbrummett@kerncog.org ALAN TANDY MANAGER BAKERSFIELD ............. B ker f}e#d AN CiTY ~ANA~ P~SS ~LEASE' Conta~: 5601 Truxtun Ave., Suite 190 Photo OppoAuffity Susan Begin 324-9841 or Bakersfield, CA 93309 Don Bynum 395-0541 (66~) 395-0541 S~RS ~ WA~S FOR DOLL,S TOW~ DO~TO~ POOL On Febm~ 9, 2003, five-hundred local high school swimmers will don their suits, caps ~d goggles to swim in a lap-a-thon to raise money for the domtom pool. ~~t ~_at ~~scho_~_te~_~~ .~_~ ~_ng_fo~l_ hour~t. B~sfi~[d College to help raise ~nds necessa~ to p~chase permanent equipment such as bleachers, a scorebo~d, ~ming blocks, flags, ~d diving bo~ds for the Olympic-size pool to operate as a competitive, multi-use facility. Swimming ra~s second in paAicipation of Kern hgh schools - yet no school is equipped with a pool. Thus, the lap-a-thon is just one paA ora community ~ndraising campaign to raise ~ additional $250,000 for the downtown pool. Fundraising at the private and co,orate levels is also unde~ay. Without the equipmem, the aquatics center will not be able to host swimming, diving, ~d water polo competitions. ~eg Bynum of Bynum and Associates says, "~ Olympic-size facility would draw national level swimming-competitions, which would enhance commu~ty pride and bring in new revenue". In October of 2002, the B~ersfield City Council approved the constm~ion °fthe Bakersfield Aquatics Center -- which includes a 50-meter pool and water p~k - it's the first pool the city has built in 40 years. Fundraising is planned to be completed by June, 2003 ~th construction and installation ~ equipment to be completed by the end of 2003. In, October of 2002, City Council approved the construction of the competition pool as well as a water park. This aquatic complex will be adjacent to the city's new ice rink. Fundraising is now underway to obtain an additional $250,000 to pay fo~ the permanent equipment necessary for the competition pool. Without this equipment, the aquatics center will not be able to function as a competitive, multi-use facility. Fundraising is planned to be completed by June, 2003, with construction and installation of equipment to be completed by the end of 2003. Become a part of this These sponsorship levels place your family name, on the Bakersfield Ac Will be permanently recognized on Wall of Fame Major Donor section in addition to receiving a plaque of recognition Will be permanently recognized on Wall of Fame Individual Medalist section in addition to receiving a medallion of recognition Naming and sponsor- ship opportunities available for donations over $7,500.00. Call (661) 395-0541 for more information. Yes, I want to help fund this vital project: NAME (Print exactly as you wish it to appear) AMOUNT(Fo ...... t ..... $?,500 see Naming and Sp ...... hip Package) PHONE NUMBER EMAIL ADDRESS Make checks payable to: Kern Community Foundation/Bakersfield Aquatic Center 5601 Truxtun Avenue, Suite 190 Bakersfield, CA 93309 For more information call (661) 395-054J · Did you know that swimming ranks first in participation of high school sports -- yet no Bakersfield high schools have pools? · The Bakersfield Aquatic Center, with an Olympic- caliber swimming pool, may lead to the introduction of water polo at the high school level, a popular college sport that is also one of the best sources of scholarship money for young women. · A well-designed complex will allow Bakersfield to host major swim events that will benefit the downtown economy. · It will also allow for competitive swimming, diving, water polo and synchronized swimming, as well as physical therapy, water aerobic classes and scuba instruction. ° Instruction in learning to swim and life-saving classes would also be available. · Did you know our city has not built a pool in 40 years? · Adults who work in the central business district · The Bakersfield Aquatic would have pool access. Center would enhance the downtown redevelopment effort and create a sense of needs could participate community pride, via special ramps and · Citizens throughout Special Olympics the community will have programs. the opportunity to learn · Seniors would benefit to swim. from low-impact exercise · Economically available year-round. disadvantaged children would have access to , swimming programs for the first time in their lives. NAMING AND SPONSORSHIP OPPORTUNITIES See Naming and Sponsorship Package for details. · Aquatics Center · Scoreboard · Bleachers · Divers Courtyard · Diving Boards · Starting Blocks Truxtun Ave. ',.- ~ ~ ~:. r-~ ~. Beale Parking Library Amtrak Station Railway Parl,Jng 14th St. 13th St. B A K E R S F I E L D MEMORANDUM JAN3 0 2003 ," TO: COUNCILMEMBER SUE BENHAM FROM: ~ STANLEY C. GRADY, PLANNING DIRECTOR '~ ~ SUBJECT: BIG-BOX RETAIL STORE REGULATIONS In 1999 Assembly members Floyd and Villaraigosa proposed AB-84, referred to as the Anti- Wal-Mart Bill, to regulate the development of big box retailers. The Bill was vetoed by the Governor. The intent of the Bill was to prohibit the approval of retail stores over 100,000 square feet and having more than 15,000 square feet of floor space devoted to non-taxable merchandise. Some cities in California prior to and after AB-84 have considered or adopted similar regulations. The threshold gross building square footage varies, as well as the method of regulating non-taxable sales. The City of Inglewood addressed the issue by limiting non-taxable sales to 20,000 items. The Cities of Martinez and Calexico addressed the issue by establishing the maximum non-taxable sales at 5% and 7.5% respectively, of gross building square footage. Across the nation other cities have sought to regulate big-box retailers as a category of use. Big-box retail has been defined as large-scale retailers that occupy more than 50,000 square feet deriving their profits from high sales volumes. Examples would be IKEA, Wal-Mart, Target, Circuit City, Lowe's, Home Depot, K Mart and Costco. This method focuses on the land use impacts rather than business practices within the retail space. The following is a listing of sample big-box retail regulations. There are other examples. However, these are most representative of the types of regulations applied to big-box retail. They are regulations based on AB 84, guidelines from a 1998 APA Conference, and standards adopted by Scott County, Kentucky Development Services. 1. Retail business size cap - establishes maximum gross building square footage for large- scale retailers. (AB 84) 2. Non-taxable merchandise sales cap - establishes maximum area as a percentage of gross building square footage or number of items for non-taxable merchandise. (AB 84) 3. Architectural Character · Forbid "uninterrupted length of any facade" in excess of 100 horizontal feet. Facades greater than 100 feet in length must incorporate recesses and projections along at least 20% of the length of the facade. Windows, awnings, and arcades must total at least 60% of the facade length abutting a public street. · Require that smaller retail stores that are part of a larger principal building have display windows and separate outside entrances. Such smaller stores are encouraged by the city. Councilmember Sue Benham January 28,2003 Page 2 · Encourage greater architectural interest in the main structure by directing the use of a repeating pattern of change in color, texture, and material modules. "At least one of these elements shall repeat horizontally. All elements shall repeat at intervals of no more than 30 feet, either horizontally or vertically." · Dictate variations in roof lines to reduce the massive scale of these structures and add visual interest. Roofs must have at least two of the following features: Parapets concealing flat roofs and rooftop equipment; overhanging eaves, slopes roofs, and three or more roof slope planes. · Require that each principal building have a clearly defined, highly visible customer entrance with features such as canopies or porticos, arcades, arches, wing walls, and integral planters. 3. Color/Materials · Predominant exterior building materials must be of high quality. These include brick, w, sandstone, other native stone, and tinted/textured concrete masonry units. Smooth-faced concrete clock, tilt-up concrete panels, or pre-fabricated steel panels are prohibited as the predominant exterior building materials. · Facade colors must be of "low reflectance, subtle, neutral or earth tone colors. The use of high intensity colors, metallic colors, black or fluorescent colors is prohibited." · Building trim may feature brighter colors, but neon tubing is not allowed as an accent material. 4. Relationship to Surrounding Community/Streets · "All facades of a building that are visible from adjoining properties and/or public streets should contribute to the pleasing scale features of the building and encourage community integration by featuring characteristics similar to a front facade. This policy is implemented by requiring architectural treatment as discussed above. · "All sides of a principal building that directly face an abutting public street shall feature at least one customer entrance. Where a principal building directly faces more than two abutting public streets, this requirement shall apply only to two sides of the building..." · The minimum setback of any building facade is 35 feet. Where the facade faces adjacent residential uses, an earth berm of at least 6 feet in height and planted with evergreen trees at intervals of 20 feet on center, or in clusters is required. · Loading docks, trash collection, outdoor storage and similar facilities and functions "shall be incorporated into the overall design of the building and the landscaping so that the visual and acoustic impacts of these functions are fully contained and out of view from adjacent properties and public streets. Use of screening materials "that are different from or inferior to the principal materials of the building and landscape is prohibited." No delivery, loading, trash removal, or similar operations are permitted between the hours of 10:00 p.m. and 7:00 a.m., except in special circumstances and where steps are taken to reduce noise impacts. · Each retail establishment must "contribute to the establishment or enhancement of the community and public spaces" by providing at least two community amenities such as a patio/seating area, water feature, clock tower, and pedestrian plaza with benches. Councilmember Sue Benham January 28, 2003 Page 3 5. Pedestrian Flows · Sidewalks "at least 8 feet in width shall be provided along all sides of the lot that abut a public street," and a continuous internal pedestrian walkway must be provided from the perimeter public sidewalk to the principal customer entrance. This internal walkway must feature landscaping, benches, and other such materials/facilities for no less than 50% of its length. · Sidewalks must be provided "along the full length of the building along any facade featuring a customer entrance and along any facade abutting public parking areas. Such sidewalks shall be located at least six feet from the facade of the building to provide planting beds for foundation landscaping..." · Internal pedestrian walkways must provide a weather protection feature such as an awning within 30 feet of all customer entrances. · The internal pedestrian walkways must be distinguished from driving surfaces through the use of special pavers, bricks, or scored concrete to enhance pedestrian safety and the attractiveness of the walkways. 6. Parking Lots Encourage structures to be located closer to streets and that parking areas be broken up into modules separated by landscaping and other features. The primary mandatory standard is that "no more than 50% of the off-street parking area for the entire property shall be located between the front facade of the principal building and the primary abutting street." APA National Planning Conference- 1998 Chris Duerksen and Robert Blanchard ARTICLE I - AESTHETIC CHARACTER 1. Facades and Exterior Walls INTENT: Facades should be articulated to reduce the massive scale and the uniform, impersonal appearances of large retail buildings and provide visual interest that will be consistent with the community's identity character, and scale. The intent is to encourage a more human scale that residents of Georgetown-Scott County will be able to identify with their community. The resulting scale will ensure a greater likelihood of reuse of structure by subsequent tenants. GUIDELINE: Developments with facade over 100 feet in linear length shall incorporate wall projections or recesses a minimum of 3 foot depth and a minimum of 20 contiguous feet within each 100 feet of facade length and shall extend over 20 percent of the facade. Developments shall use animating features such as arcades, display windows, entry areas, or awnings along at least 60 percent of the facade. Councilmember Sue Benham January 28, 2003 Page 4 (Photo courtesy of Hamburg Place) 2. Smaller Retail Stores INTENT: The presence of smaller retail stores gives a center a "friendlier" appearance by creating variety, breaking up large expanses, and expanding the range of the site's activities. Windows and window displays of such stores should be used to contribute to the visual interest of exterior facades. The standards presented in this section are directed toward those situations where additional, smaller stores, with separate, exterior customer entrances are located in the principal buildings or development site. GUIDELINE: Where principal buildings contain additional, separately owned stores, which occupy less than fifty thousand (50,000) square feet of gross floor area, with separate, exterior customer entrances: a. The street level facade of such stores shall be transparent between the height of three feet and eight feet above the walkway grade for no less than 60 percent of the horizontal length of the building facade of such additional stores. b. Windows shall be recessed and should include visually prominent sills, shutters, or other such forms of framing. 3. Detail Features INTENT: Buildings should have architectural features and patterns that provide visual interests, at the scale of the pedestrian, reduce massive aesthetic effects, and recognize local character. The elements in the following standard should be integral parts of the building fabric, and not superficially applied trim or graphics, or paint. GUIDELINE: Building facades shall include a repeating pattern that shall include no less than three of the elements listed below. At least one of these elements shall repeat horizontally. All elements shall repeat at intervals of no more than thirty (30) feet, either horizontally or vertically. o Color change o Texture change o Material module change Councilmember Sue Benham January 28, 2003 Page 5 o Expression of architectural or structural bay through a change in plane no less than 12 inches in width, such as an offset, reveal, or projecting rib. projccting ribs rcvca b structural ba - iavout Expression of Architectural or Structural Bay (Drawing courtesy of Fort Collins, Colorado) 4, Roofs INTENT: Variations in roof lines should be used to add interest to, and reduce the massive scale of large buildings. Roof features should compliment the character of adjoining neighborhoods. GUIDELINE: Roof lines shall be varied with a change in height every 100 linear feet in the building length. Parapets, mansard roofs, gable roofs, hip roofs, or dormers shall be used to conceal flat roofs and roof top equipment from public view. Alternating lengths and designs may be acceptable and can be addressed during the preliminary development plan. (Photo courtesy of Hamburg Place) 5. Materials and Colors INTENT: Exterior building materials and colors comprise a significant part of the visual impact of a building. Therefore, they should be aesthetically pleasing and compatible with materials and colors used in adjoining neighborhoods. Councilmember Sue Benham January 28, 2003 Page 6 GUIDELINE: a. Predominant exterior building materials shall be high quality materials. These include, without limitation: · Brick · Wood · Sandstone · Other native stone · Tinted, textured, concrete masonry units b. Facade colors shall be Iow reflectance, subtle, neutral, or earth tone colors. The use of high intensity colors, metallic colors, black or fluorescent colors is prohibited. c. Building trim and accent areas may feature brighter colors, including primary colors, but neon tubing shall not be an acceptable feature for building trim or accent areas. d. Predominant exterior building materials as well as accents should not include the following: · Smooth-faced concrete block · Tilt-up concrete panels · Pre-fabricated steel panels 6. Entryways INTENT: Entryvvay design elements and variations should give orientation and aesthetically pleasing character to the building. The standards identify desirable entryway design features. GUIDELINE: Each principal building on a site shall have clearly defined, highly visible customer entrances featuring no less than three of the following: · canopies or porticos · overhangs · recesses/projections · arcades · raised corniced parapets over the door · peaked roof forms · arches · outdoor patios · display windows · architectural details such as tile work and moldings which are integrated into the building structure and design Councilmember Sue Benham January 28, 2003 Page 7 · integral planters or wing walls that incorporate landscaped areas and/or places for sitting (Photo courtesy of Hamburg Place) ARTICLE II - SITE DESIGN AND RELATIONSHIP TO THE SURROUNDING COMMUNITY 1. Entrances INTENT: Large retail buildings should feature multiple entrances. Multiple building entrances reduce walking distances from cars, facilitate pedestrian and bicycle access from public sidewalks, and provide convenience where certain entrances offer access to individual stores, or identified departments in a store. Multiple entrances also mitigate the effect of the unbroken wails and neglected areas that often characterize building facades that face bordering land uses. GUIDELINE: All sides of a principal building that directly face an abutting public or private right- of-way shall feature at least one customer entrance. Where a principal building directly faces more than two abutting public or private rights-of-way, this requirement shall apply only to two sides of the building, including the side of the building facing the primary street, and another side of the building facing a secondary street. The number of entrances for the principal building shall be addressed at the preliminary development plan stage. Where additional stores will be located in the principal building, each such store shall have at least one exterior customer entrance, which shall conform to the above requirements. Councilmember Sue Benham January 28, 2003 Page 8 Retail Smaller __!Stores with 'CU?tomer Entrani:e~ Public Street Example of a development with customer entrances on all sides which face a public street. (Drawing courtesy of Fort Collins, Colorado) 2. Parking Lot Orientation INTENT: Parking areas should provide safe, convenient, and efficient access for vehicles and pedestrians. They should be distributed around large buildings in order to shorten the distance to other buildings and public sidewalks and to reduce the overall scale of the paved surface. If buildings are located closer to streets, the scale of the complex is reduced, pedestrian traffic is encouraged, and architectural details take on added importance. GUIDELINE: No more than 60 percent of the off-street parking area for the entire property shall be located between the front facade within the front yard of the principal building(s) and the primary abutting street unless the principal building(s) and/or parking lots are screened from view by outlot development (such as restaurants) and additional tree plantings and/or berms. 3. Back and Sides INTENT: The rear or sides of buildings often present an unattractive view of blank walls, loading areas, storage areas, HVAC units, garbage receptacles, and other such features. Architectural and landscaping features should mitigate these impacts. Any back or side of a building visible from a public or private right-of-way shall be built in accordance with Article I. The Planning Commission may waive this requirement as part of the development plan. GUIDELINE: The minimum setback for any building facade shall be in accordance with the B-5 requirements (Zoning Ordinance, Section 4.484, 1- 4). Where the facade faces adjacent residential uses an earthen berm shall be installed, no less than 6 feet in height, containing at a minimum, a double row of evergreen or deciduous trees planted at intervals of 15 feet on center. Councilmember Sue Benham January 28, 2003 Page 9 Additional landscaping may be required by the Planning Commission to effectively buffer adjacent land use as deemed appropriate. All additional landscape requirements of the Landscape Ordinance shall apply. 4. Outdoor Storage, Trash Collection, and Loading Areas INTENT: Loading areas and outdoor, storage areas exert visual and noise impacts on surrounding neighborhoods. These areas, when visible from adjoining properties and/or public streets, should be screened, recessed or enclosed. While screens and recesses can effectively mitigate these impacts, the selection of inappropriate screening materials can exacerbate the problem. Appropriate locations for loading and outdoor storage areas include areas between buildings, where more than one building is located on a site and such buildings are not more than 40 feet apart, or on those sides of buildings that do not have customer entrances. GUIDELINE: a. Areas for outdoor storage, truck parking, trash collection or compaction, loading, or other such uses shall not be visible from public or private rights-of-way. b. No areas for outdoor storage, trash collection or compaction, loading, or other such uses shall be located within 20 feet of any public or street, public sidewalk, or internal pedestrian way. c. Loading docks, truck parking, outdoor storage, utility meters, HVAC equipment, trash dumpsters, trash compaction, and other service functions shall be incorporated into the overall design of the building and the landscaping so that the visual and acoustic impacts of these functions are fully contained and out of view from adjacent properties and public streets, and no attention is attracted to the functions by the use of screening materials that are different from or inferior to the principal materials of the building and landscape. d. Non-enclosed areas for the storage and sale of seasonal inventory shall be permanently defined and screened with walls and/or fences. Materials, colors, and designs of screening walls and/or fences and the cover shall conform to those used as predominant materials and colors of the building. If such areas are to be covered, then the covering shall conform to those used as predominant materials and colors on the buildings. e. Temporary sales/displays, such as Christmas trees, landscape materials, and fireworks, shall follow all outdoor requirements for B-2, B-4, and B-5 districts as described in the Zoning Ordinance. Location and time/duration of such sales/displays shall be reviewed and approved by the Planning Director or appointed designee. 5. Pedestrian Flows INTENT: Pedestrian accessibility opens auto-oriented developments to the neighborhood, thereby reducing traffic impacts and enabling the development to project a friendlier, more inviting image. This section sets forth standards for public sidewalks and internal pedestrian circulation systems that can provide user-friendly pedestrian access as well as pedestrian safety, shelter, and convenience within the center grounds. CouncilmemberSue Benham Januaw 28,2003 Page 10 GUIDELINE: a. Sidewalks at least 6 feet in width shall be Provided along all sides of the lot that abut a public or private right-of-way, excluding interstates, Cherry Blossom Way, and McClelland Circle. The Planning Commission may waive this requirement as part of the development plan. b. Continuous internal pedestrian walkways, no less than 5 feet in width, shall be provided from the public sidewalk or right-of-way to the principal customer entrance of all principal buildings on the site. At a minimum, walkways shall connect focal points of pedestrian activity such as, but not limited to, transit stops, street crossings, building and store entry points, and shall feature adjoining landscaped areas that include trees, shrubs, benches, flower beds, ground covers, or other such materials for no less than 50 percent of their length. c. Sidewalks, no less than 5 feet in width, shall be provided along the full length of the building along any facade featuring a customer entrance, and along any facade abutting public parking areas. Such sidewalks shall be located at least six (6) feet from the facade of the building to provide planting beds for foundation landscaping, except where features such as arcades or entryways are part of the facade. d. Internal pedestrian walkways provided in conformance with Subsection b above, shall provide weather protection features such as awnings or arcades within 30 feet of all customer entrances, constructed parallel to the facade of the building. This is not intended to extend into the driving aisles or parking areas. e. All internal pedestrian walkways shall be distinguished from driving surfaces through the use of durable, Iow maintenance surface materials such as pavers, bricks, or scored concrete to enhance pedestrian safety and comfort, as well as the attractiveness of the walkways. Signs shall be installed to designate pedestrian walkways. 6. Central Features and Community Spaces INTENT: Buildings should offer attractive and inviting pedestrian scale features, spaces and amenities. Entrances and parking lots should be configured to be functional and inviting with walkways conveniently tied to logical destinations. Bus stops and drop-off/pick-up points should be considered as integral parts of the configuration. Pedestrian ways should be anchored by special design features such as towers, arcades, porticos, pedestrian light fixtures, bollards, planter walls, and other architectural elements that define circulation ways and outdoor spaces. The features and spaces should enhance the building and the center as integral parts of the community fabric. GUIDELINE: Each retail establishment subject to these standards shall contribute to the establishment or enhancement of community and public spaces by providing at least two of the following: patio/seating area, pedestrian plaza with benches, transportation center, window shopping walkways, outdoor play area, kiosk area, water feature, clock tower, steeple, or other such deliberately shaped area and/or a focal feature or amenity that, in the judgement of the Planning Commission, adequately enhances such community and public spaces. Any such areas shall have direct access to the public sidewalk network and such features shall not be constructed of materials that are inferior to the principal materials of the building and landscape. Councilmember Sue Benham Janua~ 28,2003 Page 11 Although Georgetown does not currently maintain a public bus system, areas should be provided or designed to accommodate possible (future) bus service and the growing number of private bus services (i.e., nursing home/assisted living, Housing Authority, Bluegrass Action Council, etc.) Example of a center with numerous special features and community spaces (Drawing courtesy of Fort Collins, Colorado) Development Services - Scott County Georgetown, Kentucky SG:djl Cc: Alan Tandy, City Manager Jack Hardisty, Development Services Director S:\Big box retail regulations.doc AMERICAN SOCIETY FOR PUBLIC ADMINISTRATION Press Release Contact: Rhonda Barnhard, President 2002 John W. Doubenmeier 2003 - John W. Doubenmier was the hospital administrator at Kern General Hospital (now known as KMC) in 1948 during a turbulent time in our community following WW I1. Mr. Doubenmier was considered to be quite innovative for his time. Through effective management and leadership practices, he was able to turn Kern General Hospital into a quality health care facility. Each year since 1963, the Bakersfield Chapter of ASPA has presented the John W. Doubenmier award for distinguished service in the field of Public Administration. This award is given to the one individual in the public service community wh©, in the opinion of chapter members, has contributed and demonstrated excellence in all areas of Public Administration: This year's recipient is Mr. Jack Hardisty, City of Bakersfield, Development Services Director: Jack has had a long and distinguished career in public service and with the City of Bakersfield. As the Planning Director he was directly responsible for the completion of the 2010 General Plan and has made decisions on a daily basis which have affected the growth and vitality of the City of Bakersfield in a positive manner. During the past year Jack has been involved in the update of the 2010 General Plan in relationship to the Vision 2020 process which he also participates in as a member of the Downtown Facilitation Team. Jack has made important contributions to the downtown largely through his organization and implementation of the Downtown Charrette. This community plan produced several projects including Wall Street Alley which are being completed by the city. An equally significant achievement this past year for Jack was his leadership in organizing and implementing the Charrette for Southeast Bakersfield. Jack provided leadership for a diverse group of community participants to address many difficult planning issues for the southeast area. Another significant planning effort Jack has been involved with is planning for additional open space in northeast Bakersfield. Jack is again using his creativity and can do attitude to find funding and ways to protect open space areas in the northeast. He and his staff are currently developing a plan for the area to protect this important resource. In addition to his regular duties Jack has also been a prime contributor to the City of Bakersfield's cooperative efforts with ICMA and USAID with the Capital City of Ulan Oator, Mongolia providing technical assistance. Jack participated in three delegations visiting Ulan Bator as well as numerous meetings when their delegation has visited Bakersfield. Jack not only participated in this exchange but went beyond what was expected to provide assistance to the Mongolian delegations and truly embraced them as individuals. The assistance and cooperation he exemplified resulted in a very successful exchange between our two countries. In conclusion, Jack has always focused on planning for things than can actually be achieved and implemented and not simply put up on a shelf. He also has always kept the public good at the forefront of his decisions. This with his ability to create a vision and see it through to completion more than qualifies Jack for this special recognition by ASPA. i JAN 3 0 MEMORANDUM L. January 29, 2003 TO: Alan Tandy, City Manager FROM: Gene Bogart, Water Resources Mana~e~" SUBJECT: KERN RIVER BASIN SNOWPACK ACCUMULATION: "El NiKo, where art Thou?" As graphed on the attached chart, snowpack conditions in the southem Sierra Nevada have remained almost static since the last major winter storm affected the Kern drainage area near the end of December, 2002. On an average basis, the month of January contributes more than any other month towards the total seasonal snowpack accumulation. Since the first of the new year, the Kem River Basin has received less than ten percent of normal precipitation, placing January 2003 as the third driest over the past fifty years. Recovery from this January dry spell is still possible, since nearly one-half of the wet season remains ahead of us and climatologists continue to forecast above normal precipitation during February and March of 2003 for the south-half of California due to an E1 Nifio condition in the eastern Pacific Ocean. Early November 2002 monsoon-like rains punctuated the rainy season start-up, signaling a potentially wet season ahead. U.S. Army Corps of Engineers rainfall records for November 2002 showed 5.76 inches at Isabella Dam, the maximum amount ever recorded for the month of November. Coupled with a series of wet and cold December storms, precipitation levels at Isabella Lake for the November-December period of 2002 exceeded all other similar periods except for 1966 (December 6, 1966 all-time record rain flood on Kern River), dating back to at least 1949. The attached Kern River forecast model currently estimates 2003 April-July snowmelt runoff at a 65% of normal clip with average future snowfall. The City's forecast model, in operation since 1987, tracks the Kern River Basin snowpack through the eight sensor index, a computed average of the eight remote snow sensor sites located in the higher elevations of the upper Kern. The official forecast of Kern River April-July snowmelt runoff as of February 1, 2003, will be compiled by the State of California Department of Water Resources on the basis of ground surveys of snow depth and water content and will be available on or about February 10, 2003. In the north-half of the state, precipitation levels stand at approximately 140% of normal for the Water Year to date. Current allocations off the State Water Project are set at 45% for long-term contractors. The next announcement regarding SWP allocations for 2003 is scheduled for February 14, 2003. GB:sal Attachment KERN RIVER BASIN SNOWPACK ACCUMULATION EIGHT SENSOR INDEX January 29, 2003 40.0 , , I242% A-J ~ 122% A-J ' 30.0 , , '~100% of April 1 Average 20.0 I .................. 1999-2000 65% A-J ' Average ,' 2002-2003 ' 10.0 ...... 2001-2002 , 2000-2001 1998-1999 ', 46% A-J 54% A-J ' 53% A-J 5.0 ............... 0.0 '~ November December January February March April Snowpack Accumulation Season CITY OF BAKERSFIELD WA TER RESOURCES DEPARTMENT ~ KERN RIVER BASIN SNOW SENSOR FORECAST MODEL Readings of Water Content DATE: 29-Jan 2003 are in Inches ..... Previous Year April-July Runoff: 46 % of Average SNOW SENSOR SITE Upper Eight Tyndall Crabtree Chagoopa Wet Tunnel Casa Beach Sensor Creek Meadow Plateau Pascoe Meadow Guard Vieja Meadow Index Elevation Ifeet) 11,400 10,700 10,300 9,150 8,950 8,900 8,300 7,650 -- Actual Water Content This Date 15.2 11.6 9.2 11.9 12.6 5.8 8.4 4.2 10.0 Normal Water Content This Date 19.6 14.0 15.6 17.7 21.6 11.1 16.3 8.6 15.7 % of Normal Water Content This Date 77% 83% 59% 67% 58% 52% 52% 49% 63% April 1 Average Water Content 27.7 19.8 21.8 24.9 30.3 15.6 20.9 11.0 21.6 % of April 1 Average Water Content 55% 59% 42% 48% 42% 37% 40% 38% 46% 1) 3-Gage Precipitation Index For this Date = 42.80 inches 3-Gage Precipitation Index Normal For this Date = 31.75 inches 3-Gage Precipitation Index in % of Normal = 135% Percentage Into Snowpack Accumulation Season = 73% 2) Estimated April-July Runoff into Isabella Reservoir = 306,852 acre-feet 3) Estimated April-July Runoff in % of Average = 65% 1) 3-Gage precipitation index = October 1 to date cumulative rainfall totals for Glennville, Pascoe & Isabella Dam 2) Assumes median snowpack accumulation subsequent to date of estimate 3) April-July average inflow to Isabella Reservoir = 470,000 acre-feet · 01/29/03 .UNREVIEWED DRAFT i 24t~ STREET CORRIDOR IMPROVE~NT~ History/Area Description For over 30 years, conveying State Ronte 178 traffic through the Westchester Community area has been a troublin~ problem. The route is approximately eight-tenths of a mile long, is locally referred to as 24 Street, and extends in an east-west orientation fi.om Oak Street (an arterial street that has two lanes in each direction with a center two-way left-mm lane) west of the area to F Street (a collector street that has two lanes in each direction with a center two-way left turn lane) east of the area. The Westchester Community consists of graceful and quiet neighborhoods that have many large and distinguished homes. Many of these homes are listed on the local historic register and date back to the 19th Century. When 24th Street was first conceived, it was a small two lane facility with minimal traffic. Neighborhood children and residents could easily cross the street. However, as the City developed both to the east and west of the Westchester Community, 24th Street became busier and busier developing'to its present status as a State Route and a major cross-town arterial. This four-lane at-grade facility now effectively bisects and divides the Westchester Community. This segment of 24th Street primarily consists of a four lane at-grade arterial street with a two-way center left-mm lane, outside paved shoulders, and has curb and gutter along the edges of the street. There are twelve distinct cross-street intersections between the signalized intersections of Oak Street at the west end of this roadway segment and F Street at the east end of this segment. The street system south of 24th Street is a grid system that has east-west and north-south streets occurring at about 350 foot intervals, while the street system in the neighborhood north of 24th Street is a curvi-linear system that has few through, connecting streets. Caltrans has performed studies over the previous 30 years and has proposed various alignments for a freeway through the area. A specific plan for a freeway through the area was even approved by the Bakersfield City Council during the late 1960's, but funding for the project was eventually withdrawn at the State Legislature level. Traffic along this segment of 24th Street has continued to worsen over the years. In 1970, traffic volumes along this segment totaled 23,700 vehicles per day. Today, traffic totals 44,000 vehicles daily and traffic models predict daily volumes in 2030 exceeding 65,000 vehicles. The current posted speed limit is 40 miles per hour, but many vehicles exceed this limit. And while there is a school crosswalk with a flashing beacon that is manned by a crosSing guard during school hours, this volume and speed of traffic virtually eliminates the ability of pedestrians to safely cross the street fi.om one residential area to the other. Other nuisances this volume of traffic cause include high levels of noise in the area, as well as high levels of auto exhaust emissions which are a result fi.om idling vehicles waiting to pass through the Oak Street/24th Street intersection just west of the Westehester neighborhoods. 'With this high traffic volumes and resulting congestion on 24th Street, adjacent neighborhoods are also beginning to experience and complain about "cut-through" traffic on 24th Street Corridor Improvements Page 2 their adjacent streets. Drivers tired of the congestion and the wait they are experiencing on 24th Street turn off onto the adjacent residential streets in an attempt to shorten their trip. Often these drivers are in a hurry to make up for lost time and thus travel at speeds that exceed the limits for the area. Proposed Solutions Solutions proposed range from minor to radical, and their impacts will no doubt, provide varying levels of relief. And most of the solutions have pluses and minuses in that they may solve a particular issue, but at a cost to the area residents such as accessibility or convenience. It would seem that a phased approach instituting some of the minor, less expensive measures initially would be the best way to provide an immediate impact to the neighborhood while being realistic in regards to current budget constraints. Another important factor is that with 24th Street (State Route 178) being under the jurisdiction of the State Department of Transportation (Caltrans), Caltrans must review and approve any proposed solutions that affect 24th Street. Therefore Caltrans needs to be included and involved in discussions early regarding any proposals affecting 24th Street. Speed: To address the speed issue, larger and more visible speed limit signage would be an inexpensive measure to remind traffic of the limit through the area and would show the neighborhood some effort to control speed. However, while no doubt supported by the neighborhood, this measure would probably provide minimal actual impact to vehicle speeds. Another measure would be to increase and make more visible speed enforcement in the area. The Bakersfield Police Department currently patrols this segment regularly and uses radar for enforcement. But short of stationing an officer full time along the route, experience shows that any slowing of speeds is normally temporary until the officers are relocated to other areas of the City. Adjacent Street Closure: Regarding the issue of cut-through traffic using the adjacent residential areas, an idea that appears to be supported by some residents is the closing of streets that access 24th Street along this segment. The streets along the south side of 24th Street are very wide and could probably be closed without widening the street to provide a th turnaround or cul-de-sac. But there are north-south alleys in most blocks south of 24 Street, and these alleys currently intersect with 24th Street so that if and how these alleys would be closed would need to be studied. As this southern area consists of a grid system, access to th th st the north-south closed streets would still be fairly easy and direct using 18 , 19 , or 21 Streets all which extend east-west between F Street and Oak Street. Conversely, most streets along the north side of 24th are not as wide.and would eventually require some road widening to provide for turnaround areas. Also, with the area north of 24th Street not consisting of a grid system, access to the closed streets is more circuitous and not as convenient as with the area south of 24th Street with its grid street system. The north side also does not have the advantage of having direct access to Oak Street (other than from 24th Street) which is separated from the area north of 24th Street by the Kern River and the Carrier Canal. Also, while closing the streets that access 24th Street could solve some issues, it 24th Street Corridor Improvements Page 3 would undoubtedly lead to increased speeds on 24th Street as the current friction that results from vehicles turning into and out of these streets would be eliminated. Oak/24th Street Interchange: Caltrans has made efforts to improve the traffic congestion at the Oak Street/24th Street intersection over the years, including widening of the 24th Street crossing of the Kern River, adding turn lanes at the intersection, and improvements to the signalization. However, with existing right-of-way constraints and the current volume of traffic, most major improvements that could be made to improve congestion at the at-grade intersection have been accomplished. That is why the City of Bakersfield has undertaken the task of constructing a grade separation, more commonly known as an interchange, at this location. This improvement was identified as one of the elements of the' recently completed and approved Bakersfield Systems Study. However, funding for this improvement is currently not anticipated until 2008 or 2009 so that while it would provide a long-term solution, it would not provide immediate relief to the existing traffic congestion. Widening, Recessing, Tunnel: The remaining solutions are more major in nature and thus also more costly. They primarily deal with providing additional lanes for 24th Street and limiting or eliminating access with the adjacent side streets. All of these proposals would eliminate any potential cut-through traffic, would address the noise issue of the traffic on 24th Street, and would improve traffic circulation on 24th Street through the area. However, due to the limited width of existing right-of-way for 24th Street, any of these alternatives will require additional right-of-way and thus impact some of the existing houses directly adjacent to 24th Street either requiring their complete removal or lessening the set-back from the street they currently enjoy. And with these improvements, since traffic flow on 24th street would be greatly improved due to eliminating cross streets and providing additional lanes, traffic would be attracted to 24th Street from some other nearby alternate routes (such as 21 st Street) which would be beneficial to those routes. The first proposal would be to widen the at-grade street to three lanes in each direction, providing positive barriers between 24th Street and the adjacent residential neighborhoods, and installation of some landscaping along the walls. The streets along the south side of 24th Street could be cul-de-saced as described above, but some type of frontage road parallel to 24th Street would be necessary for the streets along the north side of 24th Street. This frontage road would connect to Oak Street at its west end providing access to Oak Street from the neighborhood, and its east end would be designed to allow traffic traveling west on 24th Street to access the frontage road. This solution would lessen vehicle accessibility to the north neighborhoods and would maintain the current division of the areas north and south of 24th Street that currently exists. This proposal would also render the existing at-grade pedestrian crossing at A Street infeasible. Provisions for pedestrian access across 24th Street such as a tunnel or bridge would be need to be included as part of this proposal if maintaining pedestrian accessibility across 24 Street in this area was desired. The second proposal would be similar to the first proposal but 24th Street would be depressed through the Westchester area. This would potentially allow all the accessing streets the th ability to be bridged over 24th Street. While a frontage road adjacent to 24 would not be mandatory with this proposal as the north neighborhoods could access Oak and F Streets via 24th Street Corridor Improvements Page 4 21 st Street, not having this frontage road could result in more traffic on 21 st Street then what currently exists if the improvements to 24th Street did not attract enough traffic that currently uses 21 st Street as an alternate route. This proposal would need to be modeled and studied to ascertain traffic volumes on these streets. This proposal would also lessen the noise impacts currently experienced by the area, but its ability to impact this noise would depend upon many items such as the final configuration of the improvements, the installation of positive barriers, which streets cross and thus need an opening in the walls, etc. A final proposal, one which is embraced by the Westchester Community but which is the most costliest, would be to underground 24th Street in a "cut and cover" runnel below grade, and then return the at-grade 24th Street to a minor local two-lane facility utilized only by local neighborhood traffic. The at-grade area above the tunnel not used for the local 24th Street would become a landscaped linear park, thus turning a current detriment (24th Street) to the Westchester COmmunity into an enhanced amenity that reunites the neighborhoods north and south of 24th Street. But there are many issues that would need to be explored with this proposal that could render it impractical at best, and impossible at worst. Probably the most important issue with this proposal is its cost which is currently estimated at $60,000,000.00. A separate funding source would have to be identified as this amount of funding would not be feasible for the City of Bakersfield to finance. Assuming a funding source could be located, there are some technical issues that would need to be addressed including air ventilation of the tunnel. Local life and safety personnel have also expressed concems about vehicular accidents in a tunnel and how they would be responded to. And as listed above, any improvement proposed including a tunnel would need to be approved by Caltrans, who may not want to operate and maintain a runnel in the area. Conclusions: There are many issues with the existing condition of an at-grade 24th Street running through the Westchester Neighborhood. These are generally summarized below: Issues: Funding constraints/availability for the more major proposals High traffic volumes: 44,000 ADT today, 65,000 ADT in 2030 High noise levels as a result of the high traffic volume Traffic congestion that occurs due to the Oak/24th Street intersection Traffic congestion that occurs due to vehicles entering and exiting side streets High vehicular speeds that occur when traffic congestion is not present Cut-through traffic in adjacent residential areas resulting from 24th Street congestion Maintaining pedestrian access across 24th Street Street circulation/systems in adjacent neighborhoods north and south of 24th Street Caltrans must approve any proposed improvement on 24th Street As analyzed above, many of the proposals that offer solutions to some of the above problems also result in new and different issues to specific streets or neighborhoods in the area. These impacts include such items as decreased accessibility and convenience for some areas to adjacent major streets, increased traffic on the remaining accesses to these major streets, the 24th Street Corridor Improvements Page5 loss of houses and reduction of setbacks for other houses from 24th Street (with the widening proposals), the loss of"openness" with the installation of positive barriers, and the likelihood of traffic on 24th increasing with the installation of traffic flow improvements. Recommendations: From a neighborhood acceptance standpoint, it seems that a phased approach to improvements on 24th Street would be the best course of action and from a financial feasibility standpoint, it may be the only viable course. Initial phases would include: Increased enforcement of speed. This could be accomplished immediately using Bakersfield City Police personnel, would have no impact on a short-term basis to City operating budgets, and approval from Caltrans to implement increased enforcement would not be required. However, permanent or long-term implementation could affect the Police Department staffing and budgets and would need to be analyzed. Improved speed control signage on 24th Street. This would be an easy, low cost improvement that could be implemented fairly quickly as gaining approval from Caltrans should not prove difficult or time consuming. Temporarily closing access to all streets along the south side of 24th Street, and Temporarily closing access to some or all streets along the north side of 24th Street These closures could be in place for between 6 months and a year to see the impacts they cause and benefits they provide. After that time, results could be analyzed and a determination made as whether the closures should become permanent, and what other improvements (cul-de-sacs, walls, landscaping) should be included. It should be noted that none of the proposals above would eliminate the potential for the more major proposals (widened 24m Street, recessed 24th Street, runnel) for 24th Street to be implemented. City of Bakersfield staff will continue to work on the grade separation proposed for the Oak/24th Street intersection which is currently anticipated to be constructed in 2009-2010. And City staffwill continue to pursue avenues for securing funding for the more major, costlier proposals presented herein, but the neighborhood's residents must be made aware of the realisticness of obtaining funding for these proposals. The City of Bakersfield is competing with other jurisdictions throughout the state and country for funding, and with the current economy and affects from the 9/11 disaster, the solving of a local traffic issue may not be fundable for many years to come if ever. DEPARTMENT OF RECREATION AND PARKS DATE: January 23, 2003 TO: Alan Tandy, City Manager FROM: Stan Ford, Director ~ SUBJECT: LANDSCAPING AT THE GARDENS NORRIS AND CALLOWAY Ref000360 (WARD 4) Councilmember Couch referred a request from Ray Clanton for landscaping improvements at the Gardens subdivision, located on the corner of Norris Road and Calloway. Contact Mr. Clanton as soon as possible. Staff researched the landscape areas of the Gardens subdivision and was informed that this area was in a County Service Area and not in the City Consolidated Maintenance District. We contacted Mr. Ray Clanton and informed him his area of concern was in a County Service Area. Staff gave Ray a contact person's name and a telephone number at the County that could assist him with his problem. S:~Council Referrals\RefO00360. doc January 28, 2003 (12:04PM) _RECEIVED MANAGER'S OFFICE CITY OF BAKERSFIELD MEMORANDUM January 28, 2003 TO: ALAN TANDY, CITY MANAGER FROM: RAUL M. ROJAS, PUBLIC WORKS DIRECTOR j~L~...~~.. ~,. - SUBJECT: JULIE BURELL REFUSE BILL Council Referral #000358 Councilmember Couch referred an e-mail from Julie Burell regarding a refuse bill to Kevin Barnes for review and response. Attached is the response prepared for Julie Burell regarding her refuse bill. G:\GROUPDAT~Referrals~2003\CC Mtg 01-15X358 - SW.doc B A K E R S F I E L 'D PUBLIC WORKS DEPARTMENT 1501 TRUXTUN AVENUE BAKERSFIELD, CALIFORNIA 93301 (661) 326-3724 RAUL M. ROJAS KEVIN BARNES PUBLIC WORKS DIRECTOR SOLID WASTE DIRECTOR January 27, 2003 Julie (Jamison) Bureli 11618 Montague Avenue Bakersfield, CA 93312 Dear Julie, Thank you for your email of January 14, 2003. The official annexation date for your home was April 4th, 2002. Your billing for refuse service from the city should start upon your move-in date as of August, 2002. That bill, which you paid directly to Yarner Brothers, is for the period ending December 31, 2002. Yarner Brothers had been instructed to not bill for the new year; however, a bill was inadvertently sent out. Feel free to disregard that billing. Now that the annexation has been recorded, your bill for refuse service will occur on your property tax. You should not have to pay separately for that any longer. If you have already paid the bill for the new year, Yarner Brothers will need to reimburse for that. If you need additional support in getting your reimbursement, or have additional questions, feel free to call me at 326-3114. Sincerely, Sal R. Moretti, Supt. Solid Waste Division SOLID WASTE DIVISION (661) 326-3114 4101 TRUXTUN AVENUE . Fax (661) 852-2114 BAKERSFIELD, CA 93309 TO: ALAN TANDY, CITY MANAGER FROM: ERIC W. MATLOCK, CHIEF OF POLICE~ DATE: January 29, 2003 SUBJECT: Graffiti/Possible Neighborhood Watch on the Bike Path Council Referral No. 356 (Ward 4) Council Member Couch requested police department staff investigate ways to discourage graffiti on the bike path and the possibility of a "neighborhood watch" type program. In response to Council Member Couch, staff has been assigned to provide extra patrol on the bike path as calls for service permit. In addition, Lt. Joe Moesta was appointed as a contact person for the Kern Wheelmen Bicycle Association. Please refer to the attached memorandum by Captain Bryan Lynn for more information. EWM/vrf Attachment: Bike Path Graffiti, 1/29/03 by Captain Bryan Lynn BAKERSFIELD POLICE MEMORANDUM January 29,2003 To: Eric W. Matlock, Chief of Police From: Bryan L. Lynn, Captain, Operations Division Subject: Bike Path Graffiti In response to Council Member Couch's referral concerning graffiti on the bike path, we have taken the following action. To address the graffiti and vandalism problems on the bike path, I have directed the Traffic Section to assign motor officers to patrol the bike path as often as they have discretionary patrol time to do so. Additionally, Lieutenant Moesta's telephone number and E-mail address have been offered to the Kern Wheelmen Bicycle Association as the police department's contact person for problems along the bike path. The concept of a "Neighborhood Watch" for the bike path is certainly feasible if those who use the path would like to form a "watch" group to report graffiti and other problems they observe on the path. They appear to have already done that and may or may not want official designation as a "Neighborhood Watch" group. As you are aware, bike patrol was discontinued in our efforts to reduce our overtime expenditures. BLL:JM:plp B A K E R S F I E L D RECEIVED FIRE DEPARTMENT %,, ~. MA.~:TT:::.<' .- MEMORANDUM TO: ALAN TANDY. CITY MANAGER FROM: RON FRAZE, FIRE CHIEF, ~/', '/~< /~ r--L/ ,' DATE: JANUARY 29. 2003 SUBJECT: RE-OPENING OF ROSEDALE GENERATION PLANT Council Referral No. Ref000361 (Ward 4) Councilmember Couch referred to Ralph Huey a ~request from Bob King for the status of the re-opening of the generation plant at the Rosedale Highway plant. Ralph Huey to contact Mr. King and provide information. PG&E submitted a sales agreement to the PUC in May 2000, then the energy crises hit and AB -6 was passed to prevent any sales of power plants until 2006. The Governor issued an Executive Order exempting the Kern Power Plant form AB -6 with two caveats in the order: Buyer agrees to sell power within California, and not at an exorbitant price. PG&E then had to renegotiate the sales agreement, based on the Governor's provisions, as well as, buyers further indemnification from environmental liability associated with adjacent World Oil site. PG&E believes the new terms of the sale are verbally agreed to, but have not been finalized as of yet. Once finalized, the sale will again have to be approved through PUC for the exemptions from AB -6. The buyer will have to re-license the plant through the California Energy Commission after that in order to start it up again. In conclusion the sale is still pending but has not been finalized to date. RF/kec P:\memos\Fraze\Councilmember Couch referral 1-15-03 SUM/~ARY OF PROCEEDINGS BOARD OF SUPERVISORS - COUNTY OF KERN 1115 Truxtun Avenue Bakersfield, California Regular Meeting Tuesday, January 28, 2003 9:00 A.M. BOARD RECONVENED Supervisors: McQuiston, Maben, Patrick, Watson, Parra ROLL CALL: 4 Present; 1 Absent - Watson SALUTE TO FLAG - Led by Supervisor Patrick NOTE: The vote is displayed in bold below each item. For example, Patrick-Parra denotes Supervisor Patrick made the motion and Supervisor Parra seconded the motion. CONSENT AGENDA/OPPORTUNITY FOR PUBLIC COMMENT: ALL ITEMS LISTED WITH AN ASTERISK (*) OR A NUMBER SIGN (#) WERE CONSIDERED TO BE ROUTINE AND APPROVED BY ONE MOTION. BOARD ACTION SHOWN IN CAPS PUBLIC REQUESTS *1) Request of Jeanette Richardson, Executive Director, Arts Council of Kern, for the Board to adopt a Resolution approving participation in the 2003-2004 California Arts Council State/Local. Partnership Program - APPROVED; ADOPTED RESOLUTION 2003-029 Patri~k-Maben~ 4 Ayes; i Absent - Watson APPOINTMENTS *2) Reappointment of Bob Hampton to the Assessment Appeals Board, term to expire September 2, 2005 - MADE REAPPOINTMENT Patrick-Maben: 4 Ayes; i Absent - Watson *3) Appointment of Susan Handy as Education Member, and reappointments of Business Members: Morgan Clayton, James Dozier, and Mike Miller; ~Education Members: Sherrill Hufnagel and Barry Koerner; Community-Based Organization Members: Irma Carson, Diane Dominguez, Steve Sanders, and David Villarino; Public Agency Members: Beverly Beasley Knight and Pete Parra; and Other Members: Christine Martinez and Debbie Hull to the Workforce Investment Board (WIB) Youth Council, terms to expire December 31, 2005 MADE APPOINTMENT AND REAPPOINTMENTS Patrick-M~en: 4 Ayes; i Absent - Watson Page 2 Summary of Proceedings Board of Supervisors - Regular Meeting 01/28/2003 *4) Appointments of Bob Grove as Business. Member,. Bill Hatcher as Education Member, and Sanford Nabahe as One-Stop Partner Member, and reappointments of Business Members: Sheryl Barbich, Ken Carter, Morgan Clayton, Jim Crettol, Bill R'edman, Mike Miller, Danny Ordiz, and Michael Page; Community-Based Organization Member: Irma Carson; Economic Development Members: James Dozier and Patrick Collins; One- Stop Partners Members: Patti Bumerts, James Diaz, Beverly Beasley Knight, and Diane Koditek; and Other Member: George Lartigue, to the Workforce Investment Board (WIB), terms to expire December 31, 2005 MADE APPOINTMENTS AND REAPPOINTMENTS Patrick-Maben~ 4 Ayes; i Absent - Watson *5) Appointment of Pauline Larwood as Primary Environmental. Member to the San Joaquin Valley Air. Pollution Control District Citizens Advisory. Committee (replacing ... Ann Williams), term to expire January' 31, 2005 - ~n~DE APPOINTMENT Patrick-Maben: 4 Ayes; I Absent - Watson *6) Appointment of Bill Miller to the Tehachapi Resource Conservation District, term to expire November 30, 2006 - MADE APPOINTMENT Patrick-Maben: 4 Ayes; 1 Absent - Watson *7) Reappointments of Les Clark as Industry/Agriculture Member and Suzanne Noble as Industry/Agriculture Alternate Member to the San Joaquin Valley Air Pollution Control District Citizens Advisory Committee, terms to expire January 31, 2006 - MADE REAPPOINTMENTS Patrick-Maben: 4 Ayes; i Absent - Watson *8) Reappointments of Pierre St. Amand and Paul Mooney as First District Members to the Water Resources Committee, terms to expire December 31, 2004 MADE REAPPOINTMENTS Patrick-Maben: 4 Ayes; i Absent - Watson *9) Appointment of Martha Leaheey as Public Agency Representative, Third District Member (replacing Clarissa (Pat) Cheadle), to the Local Child Care and Development Planning Council, term to expire June 30, 2003 MADE APPOINTMENT Patrick-Maben: .4 Ayes; i Absent - Watson .. *10) Appointment of Laurie L. Flohr to the Behavioral Health Board, term to expire December 31, 2003, and reappointments of Eugene Couture, Ph.D., and Janice Lundy to the Behavioral Health Board, all Fourth District Members, terms to expire December 31, 2005 - MADE APPOINTMENT AND REAPPOINTMENTS Patrick-Maben: 4 Ayes; i Absent - Watson Summary OE Proceedings Page 3 Board of Supervisors - Regular Meeting 01/28/2003 PUBLIC PRESENTATIONS 11) This portion of the meeting is reserved for persons to address the Board on any matter not on this agenda but under the jurisdiction of the Board. Board members may respond briefly to statements made or questions posed. They may ask a question for clarification, make a referral to staff for factual information or request staff to report back to the Board at a later meeting. Also, the Board may take action to direct the staff to place a matter of business on a future agenda. .SPEAKERS ARE LIMITED TO TWO MINUTES. PLEASE STATE YOUR NAME BEFORE MAKING YOUR PRESENTATION. THANK YOU! - NO ONE HEARD ,., BOARD MEMBER ANNOUNCEMENTS OR REPORTS 12). 0~ their own initiative,~ Board members may make ~an ' ahnodncemen~ or a report'on their'own activities. .They may ~sk a question for clarification, make a referral to staff or take action to have staff place a matter of business'on a future agenda (Gov. Code Sec. 54954.2[a]) - NO ONE HEARD DEPARTMENTAL REQUESTS AGRICULTURE AND MEASUREMENT STANDARDS '13) Proposed retroactive sole source Personal/Professional Agreement for Field Treatment Coordinator in the Kern County Area Wide Pest Management Glassywinged Sharpshooter Program, from July 1, 2002 to June 30, 2003, in an amount not to exceed $90,000 APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 050-2003 Patrick-Maben~ 4 Ayes; i Absent - Watson AUDITOR-CONTROLLER-COUNTY CLERK '14) Proposed deletion of one (1) Legal Process Clerk III; and addition of one (1) Legal Process Clerk Trainee or one (1) Legal Process Clerk I, Budget Unit 1110, effective January 28, 2003 - APPROVED; REFERRED TO PERSONNEL TO AMEND DEPARTMENTAL POSITIONS AND SALARY SCHEDULE Patrick-Maben: 4 Ayes; I Absent.- Watson COUNTY COUNSEL '15) Proposed Amendment to Kern County AAB Rule 9 - APPROVED AMENDMENT TO KERN COUNTY AAB RULE 9 AND REQUESTED THAT THE CLERK OF THE BOARD ENTER THE-AMENDMENT IN THE. AAB RULE BOOK AND MAKE APPROPRIATE CONFORMING CHANGES TO KERN COUNTY AAB FORMS Patrick-Maben: 4 Ayes; i Absent - Watson ,16) Request from Wheeler Ridge-Maricopa Water Storage District for appointment of Directors for Divisions 2, 4, 5 and 9, pursuant to Water Code section 41307 - ADOPTED RESOLUTION 2003-030 ORDERING APPOINTMENT OF MARK VALPREDO AS DIRECTOR FOR DIVISION 2, ANTONIO COSTAMAGNA AS DIRECTOR FOR DIVISION 4, GEORGE R. CAPPELLO AS DIRECTOR FOR DIVISION 5, AND DENNIS MULLINS AS DIRECTOR FOR DIVISION 9 Patrick-Maben: 4 Ayes; I Absent - Watson SLum~ary of Proceedings Page 4 Board of Supervisors - Regular Meeting 01/28/2003 FIRE DEPARTMENT '17) Unusual travel request for Fire Chief Stephen A. Gage to attend Advanced Incident Management Class as an Instructor/Evaluator in Marana, Arizona, from February 1, 2003 to February 14, 2003, with all costs covered by the U.S. Forest Service - APPROVED Patrick-Maben: 4 Ayes; i Absent - Watson HUMAN SERVICES '18) 2002 Valley Plaza Holiday Cottage Summary - RECEIVED AND FILED Patrick-Maben: 4 Ayes; i Absent - Watson KERN MEDICAL CENTER 19) Request to authorize payment _of step increments .to Gilbert Martinez, Clinical Laboratory Services Management, retroactive to November 20, 1999, in the amount of $11,884.24 - APPROVED; DIRECTED AUDITOR CONTROLLER TO PAY Maben-Patrick: 4 Ayes; i Absent - Watson *20) Proposed Amendment No. 4 to Agreement 799-2001 with J&C Nationwide, for physician interim assignments in Department of Psychiatry, adding Exhibit "E" to Agreement, with no change in term of agreement or fiscal amount - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 051-2003 Patrick-Maben: 4 Ayes; I Absent - watson '21) Proposed Amendment No. 2 to. Agreement 329-99 with Cardinal Distribution, to allow for the return of selected medications obtained for emergency preparedness - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 052-2003 Patrick-Maben: 4 Ayes; I Absent - Watson *22) Proposed addition of one (1) full-time Hospital Compliance Coordinator, one (1) full-time Medical Secretary/Trainee, and one (1) full-time Account Clerk I/II; and deletion of one (1) full-time Hospital Compliance Officer and one (1) full-time Word Processing Technician I/II, effective January 28, 2003 - APPROVED; REFERRED TO PERSONNEL TO AMEND DEPARTMENTAL POSITIONS AND SALARY SCHEDULE ., Patrick-Maben: 4 Ayes; I Absent - Watson:' - MENTAL HE~LTH SERVICES ' *23) Proposed Amendment No. 1 to Agreement 431-200'2 with. Le Jardin Room and Board, for sober living environment services for adult clients residing in the Bakersfield area, to remove outdated language regarding quarterly fiscal review requirements (no fiscal impact) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 053-2003 Patrick-Maben: 4 Ayes; i Absent - Watson *24) Proposed Agreement with Montana Academy, Inc., for closely structured mental health services for a County seriously emotionally disturbed (SED) adolescent residing in the facility, from January 28, 2003 to June 30, 2003, in an amount not to exceed $21,952 (State; Mandated/Budgeted) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 054-2003 Patrlck-Maben= 4.Ayes; I Absent Watson Summary of Proceedings Page 5 Board of Supervisors - Regular Meeting 01/28/2003 *25) Proposed approval of purchase of Mental Health Consumer Handbook from Bakersfield Envelope and Printing Company, in an amount not to exceed $9,725.67 (Budgeted/Mandated) APPROVED; AUTHORIZED PURCHASING TO ISSUE CONFIRMING ORDER Patrick-Maben: 4 Ayes; i Absent - Watson PARKS AND RECREATION DEPARTMENT *26) Request to appropriate unanticipated revenue from the California Resources Agency through the Sierra Nevada Cascade Grant Program for the Lake Isabella Park Restroom Project APPROVED APPROPRIATION OF UNANTICIPATED REVENUE IN THE AMOUNT OF $150,000 TO APPROPRIATIONS FOR CONTINGENCIES; APPROVED BUDGET TRANSFER IN THE AMOUNT OF $150,000 FROM APPROPRIATIONS FOR CONTINGENCIES TO CAPITAL PROJECT BUDGET UNIT 1960 .. ~ ~ P~trick~Maben: 4 Ayes;~lAbsent~'.Wats°n'~' :. ' ~ ~. - ~ :'PUBLIC' HEALTH SERVICES. . *27) Proposed retroactive Agreement 'With' Clinica Sierra ,Vista for Targeted Case Management Services, from July 1, 2002 through June 30, 2003 (prior notification June 25, 2002) APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 055-2003 Patrick-Maben: 4 Ayes; i Absent - Watson *28) Proposed Amendment No. 1 to Agreement 658-2002 with Kern County Superintendent of Schools for Child Care Health Consultancy Project, from July 1, 2002, through June 30, 2003, to increase the number of full-time equivalent staff .provided by County - APPROVED; A~T~0RIZ~D CHAI.RMAN TO SIGN AGREEMENT 056-2003 Patrick-Maben: 4 Ayes; i Absent - Watson SHERIFF *29) Proposed Resolution to authorize the new sheriff of Kern County to sign any and all documents required by any state agency, board or commission in relation to any grant application previously approved by this Board - ADOPTED RESOLUTION 2003-031 ~ Patrick-Maben~ 4 AYes~ i Absent ~ Watson *30) Proposed Resolution to authorize the new sheriff 'of Kern county to sign any and'all documents required by any federal office, department or agency in relation to any grant application previously approved by this Board ADOPTED RESOLUTION 2003-032 Patrick-Maben: 4 Ayes; I Absent - Watson '31) Request to accept donation of six (6) computers from ARRC Technology, valued at $4,500 - APPROVED; ORDERED THE SIX (6) COMPUTERS ADDED TO THE SHERIFF'S DEPARTMENT'S INVENTORY; AUTHORIZED CHAIRMAN TO SIGN LETTER OF APPRECIATION Patrick-Maben: 4 Ayes; i Absent - Watson ~ Summa~ of Proceedings Page 6 Board of Supe~isors - Regular Meeting 01/28/2003 *32) Application to hold a Parade Kernville Chamber of Commerce on February 15', 2003 '- FOUleD THAT THE SHERIFF HAS NOTED HIS APPROVAL ON THE PERMIT D/qD THAT THE PARADE WILL NOT RESULT IN THE UNDUE OR UNMANAGEABLE OBSTRUCTION OR HINDRANCE OF TRAFFIC ON THE HIGHWAY WHERE IT IS TO BE HELD; WILL NOT LEAD TO BREACH OF THE PEACE, PROPERTY DAMAGE, OR OTHER DISORDERLY OR UNLAWFUL CONDUCT; WILL NOT CONFLICT WITH OTHER PARADES PREVIOUSLY GRANTED PERMITS, AND THAT THE SHERIFF HAS FACILITIES TO PROPERLY SUPERVISE THE PARADE; APPROVED; AUTHORIZED CHAIRMAN TO SIGN Patrick-Maben: 4 Ayes; i Absent - Watson TREASURER-TAxX COLLECTOR *33) Pooled Cash Quarterly Portfolio Analysis for Month Ended December_2002 - RECEIVED A/qD FILED Patrick-Maben~ '4 Ayes;'1 Absent - Watson . .. ADJOURNED TO CLOSED SESSION McQuiston CLOSED SESSIONS COUNTY ADMINISTRATIVE OFFICE 34) Request for Closed Session regarding public employee recruitment - Title: Director of Child Support Services - COUNTY COUNSEL 35) Request for Closed Session regarding a lawsuit entitled '~Marina Diaz Monarrez, et al. vs. County of Kern, Kern County Superior Court Case No. 248144 (Government Code Section 54956.9(a)) - RECONVENED FROM CLOSED SESSION; RECESSED TO 2:00 P.M. Maben-McQuiston ~en~se Pennell  rk of the Board · Pete'H. Parra .. . Chairman, Board of Supervisors. SUMMARY OF PROCEEDINGS BOARD OF SUPERVISORS - COUNTY OF 1115 Truxtun Avenue Bakersfield, California Regular Meeting Tuesday, January 28, 2003 2:00 P.M. BOARD RECONVENED Supervisors: McQuiston, Maben, Patrick, Watson, Parra ROLL CALL: 4 Pres~nt:'l Absent'!- Supervisor Watson CONSENT AGENDA/OPPORTUNITY FOR PUBLIC COMMENT: ALL ITEMS LISTED WITH AN ASTERISK (*) OR A NUMBER SIGN (#) ARE CONSIDERED TO BE ROUTINE AND APPROVED BY ONE MOTION. BOARD ACTION SHOWN IN CAPS PUBLIC PRESENTATIONS 1) This portion of the meetSng is reserved for persons to address the Board on a~y matter not on thi~ agenda but-under the jurisdiction of the Board. Board members may respond briefly to statements made or questions posed. They may ask a question for clarification, make a referral to staff for factual information or request staff to report back to the Board at a later meeting. Also, the Board may take action to direct the staff to place a matter of business on a future agenda. SPEAKERS ARE LIMITED TO TWO MINUTES. PLEASE STATE YOUR NAME BEFORE MAKING YOUR PRESENTATION. THANK YOU! - GENE TACKETT, REPRESENTING HALL AMBULANCE COMPANY, HEARD REGARDING A PROPOSED RATE INCREASE BY HALL AMBULANCE BOARD MEMBER ANNOUNCEMENTS OR REPORTS 2) On their own initiative, Board members may make an announcement or a report on their own activities. They may ask a question for clarification, make a referral to staff or take action to have staff place a matter of business on a future agenda (Gov. Code Sec. 54954.2[a]) - NO ONE HEARD ~ Summary of Proceedings Page 8 Board of supervisors - Regular Meeting 01/28/2003 CONTiNUED...HEARiNGs., RESOURCE MANAGEMENT AGENCY Planning Department *3) Request from Tracy Ranch, Inc., by Berry and Associates to cancel a 2.51-acre portion of an approximate 11T-acre parcel of a Land Use Contract and approval of a Contract Amending Land Use Contract on 17.49 acres, located approximately 1/2 mile south of Seventh Standard Road and 1/2 mile east of Tracy Road, Buttonwillow area (SD 4) Specific Request: Cancellation of a 2.51-acre portion of an approximate 117- acre parcel of a Land Use Contract and approval of a Contract' Amending Land Use Contract on.- 17.49 acres (Cancellation #02-04, Map #99).. ,' (General'Rule' Section 15061(b)(3); Published Shafter Press) · (from 12/10/02;- 1/14/03) OPENED HEARING; 'NO ONE HEARD; CLOSED HEARING; PER PLANNING DEPARTMENT RECOMMENDATION, ADOPTED RESOLUTION 2003-033 APPROVING CANCELLATION SUBJECT TO PAYMENT OF PENALTY FEE; DIRECTED CLERK OF THE BOARD TO RECORD CONTRACT AMENDING LAND USE CONTRACT; DIRECTED CLERK OF THE BOARD TO ISSUE A TENTATIVE CERTIFICATE OF CANCELLATION AND ISSUE A CERTIFICATE OF CANCELLATION SUBJECT TO PAYMENT OF PENALTY FEE AND COMPLIANCE WITH ALL OTHER CONDITIONS CONTAINED IN THE TENTATIVE CERTIFICATE OF CANCELLATION McQuiston-Maben: 4 Ayes; i Absent - Watson HEARINGS RESOURCE MANAGEMENT AGENCY Planning Department 4) Request from Windrldge, LLC by Barnhill Consulting, Inc., to change the permitted use from Limited Agriculture to Exclusive Agriculture with Wind Energy combining on 585.96 acres; and a zone variance to allow a reduction in setbacks for 45 wind turbines on property located seven miles west of State Highway 14, i 1/2 miles north of Oak Creek Road, approximately 7 1/2 miles west of Mojave (SD 2) .. Specific Request: '-' (a) A change in-zone classification from A-1 t? A WE or a '~ more restrictive district .(ZCC ~36, Map ~197) (b) A Zone Variance to allow a reduced setback for 45. wind turbine machines the equivalent of one overall machine height of 241.8 feet, where four times the overall height is required (Section 19.64.140.F), in an A WE District (ZV ~13, Map ~197) (Negative Declaration; Published Mojave Desert News) OPENED HEARING; GLENN BARNHILL, BARNHILL CONSULTING, REPRESENTING THE APPLICANT, HEARD; CLOSED HEARING; PER PLANNING COMMISSION RECOMMENDATION, ADOPTED NEGATIVE DECLARATION AND MITIGATION MEASURE MONITORING PROGRAM; ADOPTED RESOLUTIONS 2003-034 AND 2003-035 AND ENACTED ORDINANCE G-6964 APPROVING ZONE CHANGE AS REQUESTED, AND APPROVING ZONE VARIANCE SUBJECT TO CONDITIONS Maben-Patrick: 4 Ayes; I Absent - Watson Summary of Proceedings Page 9 Board of Supervisors - Regular Meeting 01/28/2003 *5) Request from Flintridge Development Company by Ken Lifqulst to change the permitted use from Neighborhood Commercial to General Commercial with Precise Development Con~ining; and approval of a Precise Development Plan for an automotive detail shop on property located at 2727 and 2729 Niles Street, east Bakersfield. (SD 5) Specific Request: (a) A change in zone classification from C-1 to C-2 PD or a more restrictive district (ZCC #28, Map #103-27) (b) A Precise Development Plan for the development of an auto glass sales and service shop, in a C-2 PD District (PD Plan #9, Map #103-27) (Categorically Exempt, Section 15303; Published Bakersfield Californian) - OPENED HEARING; NO ONE HEARD; CLOSED HEARING; PER PLANNING COMMISSION RECOMMENDATION,'ADOPTED RESOLUTIONS 2003-036 AND ' 200310~7 A~D' "~ENACTED'>~'ORDINANCE' 'G-6965 APPROVING ZONE CHANGE' AS 'REQUESTED; APPROVING PRECISE DEVELOPMENT PLAN SUBJECT TO CONDITIONS. McQuiston-Maben: 4 Ayes; I Absent - Watson DEPARTMENTAL REQUESTS RESOURCE MANAGEMENT AGENCY Community and Economic Development Department S.D. #4 *6) Execution of subordination Agreement with USDA Rural Development for the Sunrise Villa rental housing project, ~34.99.12 and ~34.00.1, in the City of Wasco - APPROVED; AUTHORIZED DIRECTOR OF COMMUNITY AND ECONOMIC DEVELOPMENT TO SIGN McQuiston-Maben: 4 Ayes; I Absent - Watson S.D.'s # 1 & #2 . 7) Presentation by the 'Aerospace Office, inc., on accomplishments and .ongoing efforts, for Edwards Air Force Base Retention - PHIL BRADY AND BOB JOHNSTON, THE AEROSPACE OFFICE, INC., INTRODUCED; PHIL BRADY HEARD; RECEIVED AND FILED DOCUMENT McQuiston-Maben: 4 Ayes; I Absent - Watson Summary of Proceedings Page 10 Board of Supervisors - Regular Meeting 01/28/2003 RESOURCE MANAGEMENT AGENCY En~ineering:.and. Survey~ Ser~ices~ HEARINGS S.D. #1 *8) Hearing for the abatement of a public nuisance involving the demolition of abandoned and dangerous structure(s) at 16828 Mountain View, Onyx, APN 321-181-18, estimated cost $6,500 - OPENED HEARING; NO ONE HEARD; CLOSED HEARING; ADOPTED RESOLUTION 2003-038 DECLARING THE ABANDONED STRUCTURE(S) AND REAL PROPERTY A PUBLIC NUISANCE; DIRECTED ENGINEERING AND SURVEY SERVICES TO POST AND MAIL NOTICE OF DETERMINATION PURSUANT TO ORDINANCE CODE 8.44.100; IF NUISANCES ARE NOT ~ABATED WITHIN 30 DAYS AFTER POSTING AND MAILING OF NOTICE OF DETERMINATION, AUTHORIZED.ENGINEERING & SURVEY SERVICES TO ' USE ABATEMENT fFUNDS TO AWARD BIDS FOR DEMOLITION AND REMOVAL AND TO PERFORM THE NECESSARY INSPECTIONS IN THE PERFoRMANcE OF THE DEMOLITION CONTRACT McQuiston-Maben: 4 Ayes; i Absent - Watson S.D. #2 *9) Hearing for the abatement of a public nuisance involving the demolition of abandoned and dangerous structure(s) at 27157 Nudgent Street, Boron, APN 231-324-17, estimated cost $6,500 OPENED HEARING; NO ONE HEARD; CLOSED HEARING; DECLARED BY RESOLUTION 2003-039 THE ABANDONED STRUCTURE(S) AND REAL PROPERTY A PUBLIC NUISANCE; .DIRECTED ENGINEERING. & SURVEY SERVICES TO POST AND MAIL NOTICE OF DETERMINATION PURSUANT TO ORDINANCE CODE 8.44.100; IF NUISANCES ARE NOT ABATED WITHIN 30 DAYS AFTER POSTING AND MAILING OF NOTICE OF DETERMINATION, AUTHORIZED ENGINEERING & SURVEY SERVICES TO USE ABATEMENT FUNDS TO AWARD BIDS FOR DEMOLITION AND REMOVAL AND TO PERFORM THE NECESSARY INSPECTIONS IN THE PERFORMANCE OF THE DEMOLITION CONTRACT McQuiston-Maben: 4 Ayes; i Absent - Watson *10 -Protest...hearing on the proposed c-6n~firmation Of the' costs incurred for nuisance abatement work at 214 Roberts Lane, Oildale, APN 114-042-19, SD 3, $3,731.25 - OPENED"HEARING; NO ONE HEARD; CLOSED HEARING; 'RECEIVED AND FILED' 'REPORT; ADOPTED RESOLUTION 2003-040 CONFIRMING THE COSTS INCURRED BY COUNTY FOR WORK PERFORMED TO REMOVE THE PUBLIC NUISANCE FOR EACH PROPERTY; ORDERED THAT ANY COSTS, IF NOT PAID WITHIN TEN (10) DAYS, BE A LIEN AGAINST THE PROPERTY AND CONSTITUTE A SPECIAL ASSESSMENT TO BE PLACED ON THE TAX ROLL BY THE AUDITOR AND TO BE COLLECTED IN THE SAME MANNER AND SUBJECT TO THE SAME PENALTIES AS ORDINARY COUNTY TAXES ON THE REAL PROPERTY FROM WHICH THE NUISANCES WERE ABATED; DIRECTED ENGINEERING & SURVEY SERVICES TO MAIL NOTICE OF BOARD ACTION TO PROPERTY OWNER (S) McQuiston-Maben: 4 Ayes; i Absent - Watson Summary of Proceedings Page 11 ~ Board of Supervisors - Regular Meeting 01/28/2003 S.D. #4 *11) Protest hearing on 'the proposed confirmation of the costs incurred for nuisance abatement work at 3729 Arroyo Tr., Frazier Park, APN 259-165-09, SD 4, $6,457.50 - OPENED HEARING; NO ONE HEARD; CLOSED HEARING; RECEIVED AND FILED REPORT; ADOPTED RESOLUTION 2003-041 CONFIRMING THE COSTS INCURRED BY COUNTY FOR WORK PERFORMED TO REMOVE THE PUBLIC NUISANCE FOR EACH PROPERTY; ORDERED THAT ANY COSTS, IF NOT PAID WITHIN TEN (10) DAYS, BE A LIEN AGAINST THE PROPERTY AND CONSTITUTE A SPECIAL ASSESSMENT TO BE PLACED ON THE TAX ROLL BY THE AUDITOR AND TO BE COLLECTED IN THE SAME MANNER AND SUBJECT TO THE SAME PENALTIES AS ORDINARY COUNTY TAXES ON ~HE REAL PROPERTY FROM WHICH THE NUISANCEs WERE ABATED; · DIRECTED ENGINEERING & SURVEY SERVICES TO MAIL..NOTICE. OF B~ARD ACTION ~ TO PROPERTY 0WNER(S); RECEIVED ~ . FILED DOCUMENT McQuiston-Maben: 4 Ayes; I Absent - Watson '12) Hearing for the abatement of a public nuisance involving the demolition of abandoned and dangerous structure(s) at 403 Elk Street, Tupman, APN 159-240-10, estimated cost $6,500 - OPENED HEARING; NO ONE HEARD; CLOSED HEARING; ADOPTED RESOLUTION 2003-042 DECLARING THE ABANDONED STRUCTURE(S) AND REAL PROPERTY A PUBLIC NUISANCE; DIRECTED ENGINEERING & SURVEY SERVICES TO POST AND MAIL NOTICE OF DETERMINATION PURSUANT TO ORDINANCE CODE 8.44.100; IF NUISANCES ARE NOT ABATED WITHIN-30 DAYS'AFTER~:·P0STING AND MAIL-ING OF NOTICE-OF DETERMINATION, AUTHORIZED ENGINEERING & SURVEY SERVICES TO USE ABATEMENT FUNDS TO AWARD BIDS FOR DEMOLITION AND REMOVAL AND TO PERFORM THE NECESSARY INSPECTIONS IN THE PERFORMANCE OF THE DEMOLITION CONTRACT McQuiston-Maben: 4 Ayes; i Absent - Watson S.D. ~5 '13) Protest hearing on the proposed confirmation of the costs incurred for nuisance abatement work at 12704 Parish Avenue, Lamont, APN 187-131-34, SD -5, $3,085 - OPENED HEARING; NO ONE HEARD; CLOSED HEARING; RECEIVED AND FILED :REPORT; ADOPTED RESOLUTION 2003-043 CONFIRMING THE COSTS INCURRED BY COUNTY FOR WORK PERFORMED TO REMOVE THE PUBLIC NUISANCE FOR EACH PROPERTY; ORDERED THAT ANY COSTS, IF NOT PAID WITHIN TEN (10) DAYS, BE A LIEN AGAINST THE PROPERTY AND CONSTITUTE A SPECIAL ASSESSMENT TO BE PLACED ON THE TAX ROLL BY THE AUDITOR AND TO BE COLLECTED IN THE SAME MANNER AND SUBJECT TO THE SAME PENALTIES AS ORDINARY COUNTY TAXES ON THE REAL PROPERTY FROM WHICH THE NUISANCES WERE ABATED; DIRECTED ENGINEERING & SURVEY SERVICES TO MAIL NOTICE OF BOARD ACTION TO PROPERTY OWNER(S) McQuiston-Maben: 4 Ayes; I Absent - Watson Summary of Proceedings ]Page 12 Board of Supervisors - Regular Meeting 01/28/2003 S.D.'s #1 and #5 '14) Protest hearing on the proposed confirmation of the costs incurred for nuisance abatement work at: 74 Adams Road, Wofford Heights APN 083-333-35 SD #1 $1,550 - REFERRED TO STAFF 100 Bodfish Street, Bodfish APN 264-062-09 SD #1 $2,950 1000 Knotts Street, Bakersfield, APN 126-252-11 SD #5 $1,320 - OPENED HEARING; NO ONE HEARD; CLOSED HEARING; RECEIVED AND FILED REPORT; ADOPTED RESOLUTION 2003-044 CONFIRMING THE COSTS INCURRED BY COUNTY FOR WORK PERFORMED TO REMOVE THE 'PUBLIC NUISANCE FOR EACH PROPERTY EXCEPT 74 .ADAMS ROAD; -ORDERED' THAT.ANY COSTS, IF NOT PAID WITHIN TEN (10) DAYS, BE A LIEN- AGAINST THE PROPERTY AND CONSTITUTE A SPECIAL ASSESSMENT TO BE PLACED ON THE TAX ROLL BY THE AUDITOR AND TO BE COLLECTED IN THE SAME MANNER AND SUBJECT TO THE SAME PENALTIES AS ORDINARY COUNTY TAXES ON THE REAL PROPERTY FROM WHICH THE NUISANCES WERE ABATED; DIRECTED ENGINEERING & SURVEY SERVICES TO MAIL NOTICE OF BOARD ACTION TO PROPERTY OWNER (S) McQuiston-Maben: 4 Ayes; i Absent - Watson S.D. #1 '15) Tract 5909, Snow Road, 1980 feet east of Calloway Drive, approval of completed street, drainage, water and sewer improvements, reduction of Faithful Performance Security in Subdivision Improvement Agreement, and proposed resolution for acceptance of street and drainage improvements for maintenance - APPROVED COMPLETED. STREET, DRAINAGE, WATER AND SEWER IMPROVEMENTS; REDUCED EXISTING FAITHFUL PERFORMANCE SECURITY IN THE AMOUNT OF $1,363,271 TO $136,327 FOR GUARANTEE AND MAINTENANCE OF THE COMPLETED STREET, DRAINAGE, WATER AND SEWER IMPROVEMENTS AGAINST DEFECTS IN MATERIALS AND WORKMANSHIP FOR A ONE-YEAR PERIOD STARTING JANUARY 28, 2003; RECEIVED AND FILED AMENDMENT TO LETTER OF CREDIT #183, ISSUED BY VALLEY INDEPENDENT BANK; ADOPTED RESOLUTION 2003-045 FOR ACCEPTANCE OF THE ROADS WITHIN TRACT 5909 INTO THE COUNTY ROAD SYSTEM FOR MAiNTENANCE~AND'_ ACCEPTANCE OF DRAINAGE IMPROVEMENTS FOR MAINTENANCE McQuiston-Maben: 4 Ayes; 1 Absent - Watson -~ S.D. #5 '16) Contract No. 02041, proposed Agreement with Mauldin- Dorfmeier for construction of North Lamont Channel in an amount not to exceed $939,083.05 - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 057-2003 McQuiston-Maben: 4 Ayes; i Absent - Watson Summary of Proceedings Page 13 Board of Supervisors - Regular Meeting 01/28/2003 RESOURCE MANAGEMENT AGENCY Roads Department S.D. ~3 ,17) Contract No. 20018, Notice of Completion for construction of improvements to the Fairhaven Fire Protection District on Fairhaven Drive, East Drive and Gibson Street - RECEIVED AND FILED McQuiston-Maben~ 4 Ayes; i Absent - Watson S.D. #5 '18) Contract No. 03011, identify apparent low bid of Schweitzer Construction for construction on Flower Street between Haley Street· and Mount Vernon Avenue, in an amount not to'exceed $80,'i41.25 - IDENTIFIED LOW B~D;.AUTHORIZED ROADS TO PREPARE NEdESSARY CONTRACT'~ DOCUMENTS.AND RELEASED. ALL OTHER BID GUARANTEES McQuiston-Maben: 4 AyeS; i /~bsent - Watson '19) Proposed Contract No. 03006, with E & M Constructors, for construction on Hall Road between State Highway 184 and San Diego Street, in an amount not to exceed $64,023.00 - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 058-2003 McQuiston-Maben: 4 Ayes; i Absent - Watson WASTE MANAGEMENT S.D. ~4 *20) Proposed Plans, Special Provisions and Notice to Contractors to construct the Module 3 Liner System at the Shafter-Wasco Sanitary Landfill (Contract No. 02030) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN; DIRECTED CLERK OF THE BOARD TO FILE NOTICE OF EXEMPTION; AUTHORIZED WASTE MANAGEMENT TO PUBLISH NOTICE TO CONTRACTORS; BID OPENING TO BE WEDNESDAY, MARCH 12, 2003 AT 11:00 A.M. McQuiston-Maben: 4 Ayes; I Absent~- Watson COUNTY ADMINISTRAT'IvEoFFIcE· " 21) Mid-Year Status Report on FY 2002-03 County 'Budget - RECEIVED AND FILED Patrick-McQuiston~ 4 Ayes; i Absent - Watson *22) Proposed Resolution authorizing the County, on behalf of the Kern County Operational Area, to submit an application for a Citizen Corps Council and Community Emergency Response Team Program grant in the amount of $23,421 to the California Office of Emergency Services, Governors Office of Service and Volunteerism and authorizing the County Administrative Officer to sign grant documents - APPROVED; ADOPTED RESOLUTION 2003-046 McQuiston-Maben: 4 Ayes; I Absent - Watson Summary of Proceedings Page 14 Board of Supervisors - Regular Meeting 01/28/2003 *23) Proposed Resolution authorizing the County, on behalf of the Kern·County Operat~ional Area~,· to submit, an application'fo~' an Emergency Operations Plan Update grant in the amount of $164,444 to the California Office of Emergency Services and authorizing the County Administrative Officer to sign grant documents - APPROVED; ADOPTED RESOLUTION 2003-047 McQuiston-Maben: 4 Ayes; i Absent - Watson Legislative Matters 24) Proposed Resolution opposing Governor's budget proposal to end reimbursements to local governments for loss of vehicle license fees - BOB BERGER HEARD; APPROVED; ADOPTED · RESOLUTION. 2003-048 TO FURTHER INCLUDE SUPPORT FOR AB 4X; '.AUTHORIZED CHAIRMAN TO SIGN CORRESPONDENCE 'McQuiston-Maben:'4 Ayes; i AbSent - Watson *25) Response to referral re proposed merger of State Emergency Medical Services Authority into California Department of Health Services AUTHORIZED CHAIRMAN TO SIGN CORRESPONDENCE McQuiston-Maben: 4 Ayes; i Absent - Watson *26) Proposed support for continued Valley Fever research funding in State budget - ADOPTED POSITION IN SUPPORT; AUTHORIZED CHAIRMAN TO SIGN CORRESPONDENCE .' McQuiston-Maben: 4 Ayes; i Absent - Watson COUNTY ADMINISTRATIVE OFFICE · General Services Division S.D. #1 *27) Plans and Specifications for tot lot improvements at Wofford Heights, Mountain Mesa & Inyokern Parks (1960.8247C) - MADE FINDING THAT PROJECT IS EXEMPT FROM CEQA PER SECTION 15301; '·AUTHORIZED GENERAL SERVICES TO FILE NOTICE OF EXEMPTION; ,-APPROVED; AUTHORIZED CHAIRMAN TO· SIGN; AUTHORIZED GENERAL SERVICES TO PUBLISH PURSUANT TO PUBLIC CONTRACT CODE SECTION -' 20125; .BID OPENING TO BE THURSDAY,·'FEBRUARY 27,-2003,~.. AT ll:00.A.M.: McQuiston-Maben: 4 Ayes; i Absent - Watson *28) Request to set hearing date and terms for proposed transfer of the Shafter ·Experimental Farm to the Regents of the University of California (no cost) - ADOPTED RESOLUTION 2003-049 OF INTENTION FINDING THAT THE SHAFTER RESEARCH AND EXTENSION CENTER IS SURPLUS TO COUNTY NEEDS AND SETTING PROPOSED TERMS; DIRECTED CLERK OF THE BOARD TO PUBLISH A NOTICE OF INTENTION TO TRANSFER; ESTABLISHED A HEARING DATE OF TUESDAY, FEBRUARY 25, 2003 AT 2:00 P.M. McQuiston-Maben: 4 Ayes; I Absent - Watson Summary of Proceedings Page 15 Board of Supervisors - Regular Meeting 01/28/2003 S.D. #2 *29) Request to extend term of Agreement #038-97 with Orville H. Handy for lease of Sheriff's substation at 14654 Caliente Creek Road #6, Twin Oaks for one year, from February 28, 2003 to February 28, 2004 ($280.00 per month) - MADE FINDING THAT PROJECT IS EXEMPT FROM CEQA PER SECTION 15061; AUTHORIZED GENERAL SERVICES TO FILE NOTICE OF EXEMPTION; APPROVED; AUTHORIZED GENERAL SERVICES TO EXERCISE OPTION TO EXTEND TERM McQuiston-Maben: 4 Ayes; I Absent - Watson S.D. #3 *30) Request for approval of Bid Package and Lease Agreement, and for adoption of Resolution of Intention to lease a portion of Metropolitan Recreation Center located at 3805 Chester Avenue, Bakersfield, setting minimum bid ($700 per year)'and bid opening date of February 19, 2003 - APPROVED; ADOPTED RESOLUTION 2003-050; AUTHORIZED GENERAL SERVICES TO PUBLISH NOTICE AND RECEIVE BIDS McQuiston-Maben: 4 Ayes; 1 Absent - Watson S.D.'s ~3 & #5 '31) Identify apparent low bid from Gospich Construction Company for tot lot improvements at Heritage, Casa Loma, Pioneer & - Rexland --Acres- Parks,---in the- amount' -of - $3Q6,-000 (1640.71000203) IDENTIFIED LOW BID; AUTHORIZED GENERAL SERVICES TO RELEASE ALL OTHER BID GUARANTEES AND TO PREPARE CONTRACT DOCUMENTS McQuiston-Maben: 4 Ayes; 1 Absent - Watson S.D. ~4 *32) Proposed retroactive Agreement for Lease with Consumnes Professional Buildings for lease, of office space at 401 Finley Drive, Taft for the Mental- Health Department (December.2, 2002 through December 31, 2005), approximate tOtal cost of $32,233.49 for fiscal year 2002-2003 .MADE FINDING THAT PROJECT IS EXEMPT FROM CEQA PER SECTION 15301; AUTHORIZED GENERAL SERVICES TO FILE NOTICE OF EXEMPTION; APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 059-2003 McQuiston-Maben~ 4 Ayes; 1 Absent - Watson *33) Proposed Agreement with Brinar Construction for the Derby Acres, Ford City, Lost Hills, and Valley Acres Parks tot lot improvements in the amount of $106,800 (1960.8247B) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 060-2003 McQuiston-Maben: 4 Ayes; 1 Absent - Watson Summary of Proceedings Page 16 Board of Supervisors - Regular Meeting 01/28/2003 COUNTY ADMINISTRATIVE OFFICE Information Technology Services *34) Proposed Agreement with the City of Bakersfield to share high-speed Internet Service Provider access - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 061-2003 McQuiston-Maben: 4 Ayes; i Absent - Watson MATTERS FOR EXECUTIVE APPROVAL *35) Budget Transfers - APPROVED #95 THROUGH #96 McQuiston-Maben: 4 Ayes; I Absent - Watson *36)'Miscellaneous Letters and Documents - FILED McQuiston-Maben: 4 Ayes; I Absent - Watson -37) Claims and Lawsuits filed with and referred by Clerk of the Board - APPROVED AND FILED McQuiston-Maben: 4 Ayes; i Absent - Watson ADJOURNED TO TUESDAY, FEBRUARY 4, 2003 AT 9:00 A.M. Patrick ~T~eo~e~l~oard Pete H. Parra Chairman, Board of Supervisors Summary of Proceedings Page 17 Board of Supervisors - Regular Meeting 01/28/200~ 36) MISCELLANEOUS LETTERS AND DOCUMENTS FILED Auditor-Controller-County Clerk A) Spousal Abuser Prosecution Program Audit Report for June 30, 2002 B) Office of Criminal Justice Planning Grants Audit Report for June 30, 2002 C) Community Gun Violence Prosecution Program Grant Audit Report for September 30, 2002 D) Statement of Money in the County Treasury as of December 12, 2002 Clerk of the Board E) Received, certified and forwarded to Recorder for recordation as follows: 1) Tract Map 6024 S.D. 4 Resource Management Agency F) Quarterly Status Report on key issues (Copies to each Supervisor and CAO) Treasurer-Tax Collector G) Declaration of Intent to seize property pursuant to Section 2953 of the California Revenue and Taxation Code, located at Mojave._AirpOrt,__Moj~aver--Ca~l~forn~a~_Ro~a.r_y__Rocke~ -Company ...... (copies to each Supervisor, CAO, and County Counsel) Miscellaneous H) Letter from Thomas Paxson, Kern County Air Pollution Control District re 2002 Air Toxics Annual Report (Copies to each Supervisor and CAO) I) Letter from Jack Boyd re State Budget issues (Copies to each Supervisor and CAO) J) Letter from Joseph C. Jones, Jr., Alternative Solutions Educational Clinicians, re Rebuttal for proposed authorization for Chairman to send notification to State Department of Alcohol and Drug programs that the County of Kern declines contract with Alternative Solutions Educational Clinicians for drug Medi-Cal services (Copies to each Supervisor, CAO, Mental Health, and County Counsel) K) Letter from Caroline Farrell, Center on Race, Poverty and the Environment, California Rural Legal Assistance Foundation, re Vanderham Dairy, Map ~78, CUP #9 (Copies to each Supervisor, CAO, Planning, and County Counsel) L) Letter from Arthur Unger re dairy cows in the San Joaquin Valley and anaerobic digestion (Copies to each Supervisor, CAO, Planning, and County Counsel) M) Pond-Shafter-Wasco Resource Conservation District annual report from Brian W. Hockett (Copies to each Supervisor and CAO) Summary of Proceedings Page 18 Board of Supervisors - Regular Meeting 01/28/2003 :N) Letter from Harry Love re Tejon Ranch project (Copies to each Supervisor, CAO,. Planning, and,County. Counsel) O) Letter from Ed Riojas, State Department of Health Services, 're Fiscal Year 2002-03 Standard Agreement for California Healthcare for Indigents Program (CHIP) (Copies to each Supervisor and CAO) P) Notice from Alcoholic Beverage Control re Application for Alcoholic Beverage License for Valley Market, 3007 Virginia Avenue, Bakersfield (Copies to each Supervisor, CAO, and Planning) 37) CLAIMS A19D LAWSUITS FILED WITH AND REFERRED BY THE CLERK OF THE BOARD - APPROVED AND FILED A) Claim.in the matter of Denese' Davidson vs. County'of Kern. - REFERRED TO 'COb-NTY COUNSEL (Copy to Risk Management) B) Claim in the. matter of Pacific Gas and Electric Company vs. County of Kern - REFERRED TO COUNTY COUNSEL (Copy to Risk . Management) C) Claim in the matter of West Kern Water District vs. County of Kern - REFERRED TO COUNTY COUNSEL (Copy to Risk Management) D) Claim in the matter of Alex Veloz vs. County of Kern REFERRED TO COUNTY COUNSEL (Copy to Risk Management) E) Claim in the matter of Charles Horn vs. County of Kern - REFERRED TO COUNTY COUNSEL (Copy to Risk Management) F) Summons and Complaint in the matter of Cleophus Calloway vs. County of Kern - REFERRED TO COUNTY COUNSEL (Copy to Risk Management) G) Summons and Complaint in the matter of Save Our Shafter, an unincorporated association, vs. County of. Kern - REFERRED TO COUNTY COUNSEL (Copy to Risk Management)- H) Summons and Complain~ in the ~matter of Stephen Do Shepard rs? County of Kern REFERRED TO COUNTY COUNSEL (Copy to Risk Management)-_