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Home My WebLink About06/20/03 B A K E R S F I E L D CITY MANAGER'S OFFICE MEMORANDUM June 20, 2003 TO: Honorable Mayor and City Council FROM: '0~lan Tandy, City Manager SUBJECT: General Information 1. The most recent communications with the SPCA are enclosed. Staff is forming a transition team to help ease the disruption of services. 2. The ambulance report was not done in time for inclusion in the agenda, so it has again been postponed until July 9th. A memo and letter from the consultant on that subject are enclosed. 3. We received notice on Wednesday that the Speaker of the Assembly and a leadership group wish to address the City Council at the meeting of the 25th. We will, of course, accommodate them. A story from the Sacramento Bee describing their visit to our and other communities is enclosed. 4. The U.S. Environmental Protection Agency announced today that they selected the Bakersfield Redevelopment Agency for a $1 million Brownfields revolving loan fund grant. The grant will be used to capitalize a revolving loan fund from which the City will provide loans and subgrants to conduct cleanup activities. These activities will target the City's three redevelopment areas: Southeast Bakersfield, Old Town Kern- · Pioneer, and Downtown. A copy of their letter is attached. 5. We have received some preliminary information for the most recent quarter's sales tax which indicates it may be on the rebound. We will not receive the final payment for this fiscal year until about July 20th, and will not be able to verify trends for about 60' days after that. We will keep our fingers crossed and keep you informed! 6. Preliminary work on an "Adopt a Park" program from Stan Ford is enclosed. 7. The possibility of placing a shelf on the back wall behind your Chamber stations has been proposed. These shelves would be placed 22" off the floor and provide you an area on which to place briefcases, handbags, books, etc. It will also provide an area for the City Clerk to place a binder with the Charrettes and Vision 2020 for each Councilmember as requested by Councilmember Couch. If you have a viewpoint on this either pro or con, please let Pam McCarthy or Roberta Gafford know. Honorable Mayor and City Council June 20, 2003 Page 2 8. The announcement for the City Attorney position has appeared in Western City magazine and the close date is August 8th. 9. On June 17th, the new Albertson's grocery store at Chester and Brundage held its ribbon cutting and grand opening. They have shown their generosity to the community by donating $3,000 for use in the MLK computer lab. Program needs are being assessed and the money will probably be used for new software and annual licensing, needed software, and instructor fees. 10. Enclosed is an update from Public Works on the "Tree" Street closures along 24th Street. 11. Attached is an update from Development Services regarding the Spebific Parks and Trails Plan for Northeast Bakersfield. 12. Responses to Councilmember requests are enclosed: Councilmember Carson · Information regarding the issue of a constituent paying the bill for a light located in the alley on Ming Avenue; · Status of three lots at Potomac and Haley Councilmember Couch · Response to questions regarding motor homes and campers parked on streets for extended periods of time; · Status of Southshore and Northshore Projects; · Status of Landco Realignment; · Response to letter from Kern Food Growers Against Sewage Sludge; · Citizen contact regarding signage modification at California and Chester; · Citizen complaint regarding a street sweeper; · Mixed use district; · Status of the issue of a sex offender frequenting Greenacres Gym Councilmember Salvaggio · Removal of graffiti on the masonry wall at Custer and South H Street; Councilmember Sullivan · Sidewalk repair on Ming Avenue at New Stine Road; AT:al cc: Department Heads Pam McCarthy, City Clerk Trudy Slater, Administrative Analyst B A K E R S F I E L D OFFICE OF THE CITY MANAGER MEMORANDUM June 20, 2003 TO.' Honorable Mayor and City Council FROM: ~¢~Alan Tandy, City Manager SUBJECT: Animal Control Over the past few weeks, it has become increasingly apparent that. renewing our contract with the SPCA within our budget was becoming less and less likely. While all City departments and three other contracting entities have taken the budget cuts in a cooperative manner, the SPCA has not. If we did not hold to our budget, financially rewarding the one entity that cannot bring itself to live within our constraints would be a very poor precedent for our departments and the other parties with whom we contract. It could hurt employee morale and create difficulties with our bargaining units. We have offered contracts to the SPCA within our budget on a two-year term, six- months, and three-months. The three-month offer was essentially a transition agreement, recognizing they would not sign long-term within our budget, but in the hope of easing difficulties of service transition, and employee and animal care hardship. None of the three offers were acceptable. Having nothing signed by them, there is essentially no agreement to put before the Council. In addition, we had agreed to cut patrol days from six to five, a significant service reduction. The SPCA also wanted to cut after-hour services, more service reduction than we were comfortable in accepting. Meetinq with Kern County Officials A delegation from the City met with Kern County Environmental Health and animal control officials on Thursday, June 19th. They were very cooperative and helpful. A few highlights include: · They do have significant unused space in their current animal shelter and are open to both short-term (transitional) and/or long-term concepts of joint use. They will also, as a matter of law, handle bite and quarantine issues for us during any transition period. They will also help train our staff, if our "hiring up" is the way we go. Honorable Mayor and City Council June 20, 2003 Page 2 · County officials point out that the irregular boundaries in metro Bakersfield and the two service providers / two shelters result in public confusion and unnecessary complexity. If your dog is missing, you have to visit both shelters to see if it has been picked up, for example. Licensing procedures have cost and other differences between jurisdictions. As with other services, the closest unit does not always respond due to the boundary issue. Stray animals may cross a street and move into the other jurisdiction. · The computer system the County uses for licensing, tracing of animals, etc. is more advanced than the SPCA's, and apparently has the capacity to add City requirements. · There has been, of course, no time to discuss costs, to finalize our understanding of service levels, etc. It would appear, however, that the potential benefits to our taxpayers and the cooperative attitudes of County officials in this instance, requires us to fully investigate the potential. Work Assiqnments We are forming a transition team, interdepartmental in nature and headed by the Police Department and Trudy Slater, our animal control contract oversight person to: o Study and plan the provision of service directly by the City, both short- and long-term; o Study the potential to contract with the County for services, both short- and long-term; and o Attempt to work with the SPCA on transitional matters, such as the potential to move personnel, transfer of records, equipment and related matters. Thanks I have sent a thank you letter to the SPCA on behalf of staff and have placed a similar resolution on the Council agenda. The services they have provided in the past are appreciated. BAKERSFIELD Alan Tandy · City Manager June 19, 2003 Robert S. Strawser Executive Director, SPCA 3000 Gibson Street Bakersfield, CA 93308 Dear Mr. Strawser; On behalf of the staff of the City of Bakersfield, I wish to express our thanks to the SPCA for the many years of valuable service that has been provided to our taxpayers. To further amplify our appreciation, I am placing on the June 25~ City Council agenda a resolution of appreciation to be considered by our elected leaders. Although the current economic times do not allow us to positively respond to your letter of June 18th and your note to Mrs. Slater of that date, our joint accomplishments of the past merit recognition and mutual respect. In the very near future, we will be writing, under separate cover, with requests and proposals that will assist in giving some of your rank and file employees an option to transfer to the City. It would not only help them, but it would keep the SPCA's costs for unemployment down. We will also set up a team to facilitate the transference of records, work toward the minimization of service disruption during transfer, and facilitate the care of animals. For those things to work effectively for both of us, we will need your cooperation. We hope you will continue our past pattern of working together in these matters. Again, thank you. ~rely, ~~.~ cc: Trudy Slater, Administrative Analyst City of Bakersfield · City Manager's Office · 1501 Truxtun Avenue Bakersfield, California · 93301 (661) 326-3751 · Fax (661~ 324-1850 Jun lB 03 03=05p BakersField S.P.C.R 6613230S4S p.! ', To: Trudy Slater From: Robert Strawser Trudy, I'm not sure who the aUthor of the note on the bottom of the page is but they seem to be interested in my reasoning in transferring animals from our control to the cities control before June 30th. My reasoning is simple, it's the seven "P's", "Prior, Proper Planning Prevents P-ss Poor Performance." Why should I wait until June 30th to start planning? My condolences go out to the author for not understanding the concept. Ironic, around this same time Channel 17 called about an anonymous informer telling them about this .~, possible transfer. An interview has been given '~. setting the record straight. "Officially we are still in negotiations and hopeful of resolve.' 'We are likewise preparing for the transfer of animals and licensing task back to the city." It is not the intent of the SPCA to play this issue out in the media. So far we have responded, upon the request of the media, to your offices public issues. Unlike money, I would trust that professionalism within the city has not mn out also. Jun 18 03 09:31a 9&kersPte~d S.P.C.R 6613230949 p.! June 18, 2003 Mr. Alan Tandy City Manager City of Bakersfield 1501 Truxtun Ave. Bakersfield, CA. 93301 Dear Mr. Tandy In reference to you letter of June 16, 2003 suggesting a three- month extension at the prorated amount for the purpose of transitioning the' animal control program over to city control; we must decline that offer. We do however acknowledge the notion of transitioning the program back to city control but believe that the time required for the viewing of all the options and their related impact is greater than three-month. Therefore, and once again pointing out that our goal is a two year contract at the agreed $614,430 with paragraph corrections and minus the wording reflecting a $50,000 reduction, we will accept a six-month extension at a monthly rate of $52,786 or $316,715 for the six-month period. We would also agree to language incorporated into that contract addressing both parties' willingness to discuss a smooth transition of services. Once again we regret that this issue has not.obtained resolve. Referencing my discussion with Trudy Slater yesterday, June 17th, we are preparing to transfer city animals to the custody of Kern County Animal Control. We further understand that the SPCA has no legal authority past June 30th to collect license fees and therefore stands ready to transfer that task and its related records to your designated representative. Sincerely, Executive Director Pet Adoption Ce~,~3000 G)b~on S~t - Bakersfield, ~ g3308. (6eJ3Z3-8353. FAX 661 3Z3-Og49 .qniml Control Shelter, 3000 Gibson $1reet. Ihlu~sfleld, CA g3308 ( ) B A K E R S F I E L D OFFICE OF THE CITY MANAGER ~" MEMORANDUM June 19, 2003 TO: Alan Tandy, City Manager FROM:' John W. StinsoQ~As~istant City Manager SUBJECT: ' Ambulance Rate Modification Study Status I have had several recent phone conversations with David Lindberg from Health Analytics, regarding the status of the Ambulance Rate Modification Study and.,our desire to get the report as soon as possible. Today I received the attached letter indicating he will be unable to provide a draft of the report to the City in sufficient time for review prior to the agenda deadline for the June 25th Council meeting as he originally had indicated to the Council. The delay continues to be due to the analysis and confirmation of data between he and Hall Ambulance and he has indicated he expects to have a draft report for staff to review by tomorrow. Due to the uncertainty as to when we will receive the draft report and the need 'for staff review of the detailed information in the report to make sure it is complete and addresses the tasks outlined in the proposal, the Ambulance Rate Modification Study is not being Put on the agenda for the June 25th Council meeting. It is anticipated that once the draft report is received, it can be reviewed and placed on the agenda for the July 9th Council meeting. * S:\JOHN\Projects~AMB~Ambulance Rate Modification Study~A, RMS status 6-19-03.doc RECETVED: 6/19/03 10:43AM; ->CTTY OF BAKERSFTELD; #22; PAGE 2 ~Jun~19 03 10:37a David Lindber~ 480-422-4491 p.2 June 19, 2003 City of Bakersfield City Manager's Office c/o John W. Stinson, Assistant City Manager 1501 Truxtun Avenue Bakersfield, CA 93301 To Whom It May Concern: I would like to notify you of some additional difficulties in completing the analysis regarding ambulance rates in The City. of Bakersfield. Since the last council meeting, significant progress has been made in obtaining data necessary to complete the report. After we receive new data and have the opportunity to analyze it, new questions or clarifications are necessary to accurately use and portray the data. For example, while reviewing data on average gross charges over the weekend, I determined that Hall's average gross charges beginning in January 2003 had decreased by roughly $25.00 per transport. This required Hall's personnel to conduct a great deal of additional analysis on Monday and Tuesday to try and explain the decrease. This took a great deal of time and put them behind on other components of data gather I need to complete the report. As of this morning, there is still two outstanding pieces of information I still need from Hall to complete the study. The f~rst is updated financial information regarding losses incurred by Hall's wheelchair and gumey van division. The second came up at last night after consulting with HealthAnalytics CPA regarding our costing methodology. He suggested that additional adjustments regarding bad debt expenses be make to the period of time studied in the model to more accurately represent Hall's current cost of providing ambulance service. I currently have a call into Hall's outside CPA to discuss this issue and receive and estimate on the time it will take to resolve these two outstanding issues. If I receive this information today, I still believe I can have a completed draft report by tomorrow, however this will not provide you with adequate time to review and understand the full report prior to it being sent to Council. Therefore, I suggest we move back the presentation of this document to the next scheduled council meeting. Main Please don't hesitate to call me if you have any additional questions. 54so E. Mci. el!an Suite 217 Mesa, AZ_ 85205 ~~M.~/-'"~ 2,.-'..-49 B-~.?,?,, · East Ceas,i O.~Sce: P() Bo;: 21 David Lindberg, President/CEO This story is taken from politics at sacbee.com. Vehicle license fee set to jump Sources say finance officials will 'pull the.trigger'; GOP has promised a court fight. By Alexa H. Bluth -- Bee Capitol Bureau - (Published Sune 19, 2003) State finance officials are preparing to "pull the trigger" Friday to raise the state's vehicle license fee and pump billions of dollars into the California treasury, as a new fiscal year approaches with lawmakers locked in a budget battle. Sources said state Department of Finance officials would determine by Friday that the state's financial condition dictates that the tax should rise, a move that would affect motorists whose registrations come due in 90 days. The action would end months of speculation over when state financial officials would make the politically unpopular decision to raise the fee by an average $124 yearly per car. The 1998 budget signed by Republican Gov. Pete Wilson phased in a gradual lowering of the license fee, but it included a provision allowing it to be restored if the state has "insufficient moneys." Polls have consistently shown public displeasure with the idea of raising the fee, but Democratic legislators have insisted on the hike to offset deep budget cuts in the face of an expected $38 billion state budget deficit. Republican lawmakers, meanwhile, have promised a court challenge if the fee is raised without a legislative vote. Gov. Gray Davis' May budget blueprint was based on the assumption that the fee would riSe, resulting in the yearly infusion of about $4 billion into the state's treasury. But the Democratic governor, who is facing dismal popularity ratings and a mounting effort to ask voters to recall him, has sought to distance himself from actually "pulling the trigger" to raise the fee. A recent statewide poll found that 58 percent of residents surveyed opposed a full 'reinstatement of the fee, while 38 percent supported it. "I have no information at all about it," said Davis spokesman Hilary McLean. "The statute will determine any change in the (fee)." The state Department of Motor Vehicles legally must send out renewal notices 60 days before a vehicle's registration expires, and it would take an extra 30 days to reprogram department computers to accommodate the change. Therefore, if the trigger is pulled Friday, the increase would kick in for vehicle owners whose registration expires after Sept. 20. Meanwhile, Assembly Democrats planned to fan out across California beginning Monday -: seven days before the new fiscal year and with no apparent budget deal on the horizon -- to drum up public support and pressure Republicans to agree to a spending plan with tax increases. Declaring a logjam in negotiations at the Capitol, Assembly Speaker Herb Wesson said most of the 48 Assembly Democrats will travel to Democratic and Republican districts for three days to enlist help from local leaders, business groups and others to break it. "Nothing is happening here," Wesson said. "We're going to go out to see if we can get allies throughout the state." Republicans immediately criticized the Wesson effort and said they will stick to their anti-tax stance. "The Legislature should be here, working around the clock, to meet the .lune 30 deadline," said Peter DeMarco, a spokesman for Assembly Republican leader Dave Cox of Fair Oaks. Wesson said he "will be ready to come back to meet at any time" from the trip that comes 'during the last full week before the July I beginning of the new fiscal year. Budget negotiations have been stalled for several days as RePublicans continue to refuse to consider tax increases to help fill a budget shortfall expected to reach $38 billion and the Democrats refused to consider deeper cuts. GOP lawmakers, who blame Davis and the majority Democrats for the state's fiscal woes, say they will not supply the votes needed to approve a budget with tax increases. Democrats, meanwhile, say that trying to balance the budget without tax increases will devastate state services. Wesson said he and other Democrats "want to go out and tell the truth that when you make cuts, there are real consequences." He said the trips will not be paid for with taxpayer dollars. He said the Democratic lawmakers will pick up the tab, likely with their campaign treasuries. Education leaders last week launched a radio and print advertising'campaign to try to win support for a budget that includes a half-cent sales tax increase. Also on Wednesday, state Controller Steve Westly said the state had received $11 billion in cash from investors who provided a short-term loan to California to pay its operating expenses. However, Westly urged lawmakers to approve a budget before the fiscal year begins, warning that the loans "will be the last major influx of cash the state can expect until a budget is passed." About the Writer The Bee's Alexa H. Bluth can be reached at (916) 326-5542 or abluth~sacbee.com. 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Box 15779, Sacramento, CA 95852 RECETVED: 6/20/03 11:36AM; ->CTTY OF BAKERSFTELD; #30; PAGE 2 -.,-, 06/20/03 FR! 14:08 FAX 202 260 6606 OSPS '~ ~'~ UNITED STATES ENVIRONMENTAL PROTECTION AGENCY ~o t"k~l""~ ~ WASHINGTON, D.C. 20460 OFFICE OF SOLID WASTE AND EMERGENCY RESPONSE Alan Tandy, Executive Director Bakersfield Redevelopment Agency 1501 Truxton Avenue Bakersfield, CA 93301 Dear Mr. Tandy: On behalf of the United States Environmental' Protection Agency (EPA), I am pleased to congratulate you and confirm that the Bakersfield Redevelopment Agency has been selected as one of the entities with whom EPA will pursue negotiations to award a cooperative agreement for a revolving loan fund grant. The Bakersfield Redevelopment Agency submitted an outstanding proposal, and we deeply appreciate the tremendous commitment of time and energy that went into its preparation. Through the new Small Business Liability Relief and Brownfields Revitalization Act, signed by President Bush on January 11, 2002, EPA is working to help states and communities around the country clean up and revitalize Brownfields sites. We fully expect that these Brownfields.projects will provide benefits to the environment and economy of local communities. Jim Hanson, your region's Brownfields Coordinator (415-972-3188), will be working closely with the Bakersfield Redevelopment Agency to negotiate a cooperative agreement and respond to its needs. We look forward to working with your staff on the Brownfields program ina new era of Federal, state, and local government cooperation. Sincerely yours, Marianne Lamont Horinko Assistant Administrator cc: Jim Hanson Intemet Address (URL) * http://www.epa.gov Recycled/Recyclable * Prinled with Vegetable Oil Based Inks on Recycled Paper (Minimum 30% Postconsumer) B A K E R S F I E L D Department of Recreation and Parks Date: June 19, 2003 To: Alan Tandy, City Manager From: Stan Ford, Director of Recreation and Parks Subject: Adopt-an-Area (A3) Program A couple of years ago the department designed an "adoption" program that was intended to get citizen involvement in maintaining the appearance and cleanliness of our landscape. This program is somewhat similar to Adopt-a- Highway programs that many people are familiar with. Our program is flexible enough to include all interested individuals, groups, or businesses in a variety of ways. For example the adopter could: · Make cash donations to pay for maintenance or cleanup (whether by staff or outsourced) · Donate plant material (subject to city acceptance) · Donate park equipment (e.g park bench, picnic table, BBQ grill or drinking fountain) · Provide labor to pick up trash, paint park equipment, or install plants (not all areas are included for safety/liability reasons) The initial "menu" of donations the adopter to choose from included: · shrubs (1 gallon - $5.75, 5 gallon - $12.00) · 24" tree - $200 · Park trash container- $300 · BBQ grill- $400 · Park bench- $600 · Picnic Table - $1,200 · Drinking fountain- $2,000 · Park sign- $3,000 · Shelter ? $9,500 All costs include installation either by department staff or via contract. Should the adopter choose to pay for labor to maintain landscaping, cost based on current wages are: · .Mowing park -.$11.37/acre · Edging park - $5.34/acre · Clipping Clean up- $2.89/acre Potential areas for adoption are neighborhood entry ways, medians, street right- of-way, parks, open space, and other city-owned property. The cost to maintain entry ways, medians and other landscaping vary with location. The department would need to determine cost based on amount and type of plants as well as hardscape. For those who wish to provide labor actually clean up areas, the attached table indicates the size of each department-maintained facility. As noted above, medians and some other areas may not suitable for volunteers to maintain. The A3 program is flexible enough to integrate volunteers into.the city's regular maintenance so that interested parties would not necessarily need to maintain an entire area themselves. Areas such as alleys and vacant lots can be cleaned by volunteers through the Keep Bakersfield Beautiful program. When we first attempted to implement the program, we had several interested groups but ultimately no actual commitments due to the city's insurance and waiver of liability requirements. Since that time, the attorney and risk manager have addressed the issues while still protecting the city's interest. Castle & Cooke has expressed interest in being the first "adopter" and we have piloted a program with their involvement. The areas that they wish to adopt are the neighborhood entry ways in Silver Creek and Seven Oaks. This adoption includes helping prune plants, replace plants as needed, and clean the monument signs/walls. At this point, we are ready to formally begin the program. Marketing plans include display advertisements in local publications, direct mail and presentations to civic groups, insert in business association newsletters, PS^'s on local cable and radio stations, etc. SITE ACREAGE APPROXIMATE COST1 SPECIAL FEATURES coMMENTs Amberton 3 $60 Beach 32 $628 Special purpose fields and horse shoe pits, special monument Beale 7 $138 Amphitheater Bill Park Greens 3 $59 C.H.P. Memorial 1 $20 Monuments Campus Park North 8 $157 Campus Park South 12 $236 Castle 4 $79 Centennial 10 $196 Dog mn Centennial Plaza 1 $20 Special bricks, etc. Exclude fountains. Special plants Central 8 $157 Challenger 5 $98 Coral Keys 2 $40 Corvallis 6 $118 Deer Peak 6 $118 Martin Luther King, Jr. 13 $255 Special purpose field Garden 6 $118 Grissom 12 $236 Haggin Oaks 10 $196 International Square 1 $20 May require special access and cleaning Jastro 9 $177 Stage Jefferson 9 $177 Joshua 2 $40 Kern River Parkway 22 $433 Lake and special areas Exclude water areas - Include river bank Kroll 4 $79 Dog run Lowell 9 $177 !Patriots 20 $392 Pin Oak 17 $333 Planz 8 $157 Quailwood 6 $118 Rio Vista 33 $647 Lakes, stream, and Exclude water areas aquatheater River Oaks 10 $196 Saunders 11 $216 Seasons 10 $196 Siemon 9 $177 Silver Creek 14 $275 Disc golf course, covered basketball court Stiern 5 $98 Stonecreek 3 $59 Phase II (exPansion) in planning Tevis 9 $177 University 11 $216 Dog run Wayside 14 $275 Weill 2 $40 Westwold 4 $79 Wilderness 5 $98 Wilson 8 $157 Dog run Windermere 6 $118 Windsor 6 $118 Yokuts 18 $353 Special purpose field ~ Estimated cost is for each time a park is mowed, edges, and clippings removed. Note: Some parks include smaller special purpose .fields and courts (e.g. tennis). Drainage sumps within parks will likely be maintained by city staff. From: Alan Tandy To: Amber Lawrence Date: 6/16/03 8:17 Subject: Fwd: Council Chambers Shelves good morning! could you put this in gen info as a proposal/question please From: Pam McCarthy To: Alan Tandy Date: '6/13/03 3:22 Subject: Council Chambers Shelves Alan, As you know, I have discussed with someCouncilmembers the possibility of placing a shelf on the back wall behind their stations. These shelves would be placed 22" off the floor and provide them an area to place briefcases, handbags, books, etc. It will also provide an area for me to place a binder with the Charrettes and Vision 2020 for each Councilmember as requested by Councilmember Couch. If Council concurs, I will advise General Services to proceed. Pamela A. McCarthy, CMC City Clerk, City of Bakersfield 1501 Truxtun Ave. Bakersfield, CA 93301 (661) 326-3074 or (661) 326-3767 FAX (661) 323-3780 www.pm ccarth @ ci.bakersfield.ca.us It JUN I 9 2003 CITY OF BAKERSFIELD MEMORANDUM June 18, 2003 TO: ALAN TANDY, CITY MANAGER FROM: RAUL M. ROJAS, PUBLIC WORKS DIRECTOR ~ ~ SUBJECT: "Tree" Street Closures Along 24th Street- Status Update Staff completed initial traffic volume information for the closure of the "Tree" Streets along 24th Street earlier this Spring, and submitted this information to Caltrans for their review. Caltrans staff then requested additional intersection turning~movement information which was completed and submitted last month. Caltrans is taking this information and inserting it into software they have to determine traffic flow effects to SR 178 (24th Street) that would result from these street closures. Caltrans indicates they should be completing their computer analysis late next week (June 26 or 27), and should have a formal response for the City shortly thereafter. Staff will continue to pursue a response from Caltrans and will call next week for an update. Cc: Jacques R. LaRochelle, Assistant Public Works Director S:\TEDL2003 memos\061803at.mere.doc B A K E R S F I E L D MEMORANDUM ;l ' June '17, 2003 "~ TO: Honorable Mayor and Members of the City C~ / FROM: Jack Hardisty, Development Services Dir~tor~/. SUBJECT: Update on Specific Parks and Trails Plan ~lortheast Bakersfield- The Specific Parks and Trails Plan for Northeast Bakersfield is expected to be before the Planning Commission in September and the City Council in October. Staff is currently responding to comments on the draft plan and making some map and policy document amendments. An initial study is being prepared by staff with the help of BonTerra Consulting under a $12,270.00 contract to prepare the biological impact analysis for the plan. The project environmental document requires State Clearinghouse review and public hearings combined with project consideration. Councilmember Maggard has attended two public informational workshops with staff to receive input on the specific plan. Councilmember Maggard and staff have met with Supervisor McQuiston's office on two occasions to discuss the bike route through the county landfill and use of the landfill buffer area for a city park site. The park site would require a buck-a-year lease agreement between the City and County. A copy of the latest plan along with the environmental documentation will be provided to the City Council when available in late July. JH:djl CC: Alan Tandy, City Manager Pamela McCarthy, City Clerk S:\NBOSA\Mayor CC memo.doc B A K E R S F I E L D CITY OF BAKERSFIELD MEMORANDUM June 19, 2003 TO: ALAN TANDY, CITY MANAGER FROM: RAUL M. ROJAS, PUBLIC WORKS DIRECTOR SUBJECT: LIGHTING IN MING ALLEY Council Referral #000494 Councilmember Carson requested staff look into the issue of a constituent paying the bill for a light located in the alley on Ming Avenue. Contact Councilmember Carson for additional information. PG&E, at a customer's request, will install street lights under the OL-1 rate. The customer is billed monthly for the use of the street light. These lights are located in alleys, on private property, on edge of private parking lots, etc. A customer must sign a contract with PG&E prior to a street light being installed under this OL-1 rate. It can be cancelled and the light removed at the customers request also. For instance, when the property sells or the original requestor no longer wants to pay for the light. The street light in question, #8467, faces east over the alley between Ming and El Rancho west of So. Chester. In 1999, PG&E installed a "turn off' cap on this light. In other words, the light has been disabled. If the constituent has questions regarding this light they can contact PG&E at 661-398-5718. Staff was unsuccessful in reaching Councilmember Carson for constituent's name and number in order to contact them directly. G:\GROUPDAT\Referrals~003\CC Mtg 06-11 \494 - GS.doc I' B A K E R S F I E L D ,JUN 2. 0 20O3 MEMORANDUM TO: Alan Tandy, City Manager FROM: Jack Hardisty, Development Services Dire DATE: June 20, 2003 SUBJECT: Three Lots at Potomac and Haley/Referral No. 493 Councilmember Carson requested code enforcement division look into the condition of three lots at Potomac and Haley. The three lots at Potomac and Haley were abated as of June 19, 2003. MEMORANDUM , .JU~X! 172003 CITY ATTORNEY'S OFFICE June 16, 2003 TO: ALAN TANDY, CiTY MANAGER FROM: BART J. THILTGEN, CITY A'I-rORNEY ~ SUBJECT: MOTORHOME/LARGE CAMPER PARKING ON STREETS COUNCIL REFERRAL NO. 000499 During the City Council meeting of June 11, 2003, Council Member Couch requested staff to respond to questions regarding motorhomes and campers parked on streets for extended periods of time. Look into effectiveness of 72 hour parking rule. Vice Mayor David Couch referred the questions of regulating the parking of motorhomes and large campers which are parked for long periods of time on the street or in driveways. This issue must be divided into two areas; parking on streets, and parking on private driveways. Regarding parking on streets, it must be noted, initially, that the regulation of vehicular traffic and parking is under the plenary power of the state, which has preempted the field. Unless expressly authorized by the legislature, a city, whether charter or general law, has no police power over vehicular traffic control. (Rumfield v. City of Berkeley, 31 Cal. 3d 545 (1982).) The regulation of parking is an adjunct to the control and regulation of traffic; that field too is preempted by state law. (County of Los Angeles v. City of Alhambra, 27 Cal. 3d 184 (1980).) Both of these California Supreme Court cases are clear that the City of Bakersfield may regulate parking only to the extent the state legislature has authorized such. Further, the City has no authority to prohibit parking of particular categories of vehicles on its residential streets during all or certain hours of the day, with the exception of commercial vehicles having a manufacturer's gross weight rating of 10,000 pounds or more (City of Bakersfield established the gross weight limit at 15,000 pounds). (73 Ops Arty Gen Cai 13.) The state legislature has authorized to a limited extent numerous areas of regulation by the City, including, but not limited to, the "stopping, standing and parking" of vehicles on streets for a period of time. Vehicle Code section 22651(k) authorizes a peace officer, or regularly employed and salaried employee enforcing parking laws of a city, to remove a vehicle located within the territorial limits "when any vehicle is parked or left standing upon a highway (which includes a street, by definition) for 72 or more consecutive hours in violation of a local ordinance authorizing removal." Bakersfield Municipal Code section 10.40.010(A.) provides "It is unlawful for vehicles to be parked or left standing upon any public street or alley for longer than seventy-two consecutive ALAN TANDY, CITY MANAGER June 16, 2003 Page 2 hours. Such vehicles shall be removed and stored under the direction of the police department." Thus, the City has adopted an ordinance to comply with the Vehicle Code requirement, and removal of the offending vehicle can be done. (NOTE: The City legally cannot shorten this 72 hour time period.) While a surface reading of the applicable laws tend to indicate removal can occur upon the expiration of the 72 hour period, case law has established that due process requires a notice of potential removal (towing) be placed on the vehicle 24 hours prior to removal to afford the vehicle owner the opportunity to move the vehicle. Case law has also indicated that, unless defined in or limited by an enabling ordinance, any movement of the vehicle will restart the 72 hour period. This is why some jurisdictions have adopted an ordinance which requires the vehicle to be moved at least a certain amount of distance (varies by jurisdiction, but generally six feet is the standard). The City of Bakersfield does not have such an ordinance provision. Since the Bakersfield Municipal Code provides it is unlawful to park for more than 72 hours, a notice of parking violation can be issued immediately after the 72 hour period. Further, at the time of issuance of the notice of parking violation, the enforcement officer can also place the notice of potential removal on the vehicle. In addition to the 72 hour restriction, Vehicle Code section 22651(b) provides removal of any vehicle when "parked or left standing upon a highway in a position so as to obstruct the normal movement of traffic or in a condition so as to create a hazard to other traffic..." This section is the one used in normal traffic enforcement and vehicle removal when dealing with "line of sight" issues at intersections. Under this section, the vehicle may be removed (towed) without the requirement of advance notice or any time constraints. The enforcement of the 72 hour restriction is, necessarily, personnel intensive as it requires the marking of the site where the vehicle is parked, checking to determine whether it has been moved after 72 hours, and returning after the time period specified in the notice of possible removal to again determine if the vehicle has been moved, and then be present until the tow truck arrives and removes the vehicle. Enforcement of the immediate "line of sight" removal also requires the person ordering the removal to remain on site until the tow truck arrives and removes the vehicle. This is to ensure the right vehicle is removed. Since the vehicle owner will be responsible for all towing and storage charges, the City must ensure the correct vehicle is being towed. Other wise, the City could be liable to the owner of the improperly removed vehicle for conversion of private property, among other possible allegations. Regarding vehicles parked on private driveways (assuming the driveway is an improved surface) the City has no regulatory authority unless the parked vehicle: A) causes a "line of sight" problem; B) is impeding passage on the sidewalk; C) is being used for illegal habitation purposes; or, D) causes some other health or welfare violation (e.g., harbor for rodents, etc.). In those circumstances, the City may issue a citation, administratively order abatement of a nuisance, or file civil action for nuisance. The ALAN TANDY, CITY MANAGER June 16, 2003 Page 3 Vehicle Code section authorizing removal of the vehicle related to "line of sight" issues is limited to vehicles parked on the street. Accordingly, the removal authorization is not provided. Thus, dealing with vehicles parked on a private driveway is a much longer process, and can involve significant time expenditure. Finally, in those areas where the residential development has CC&Rs which prohibit parking of these types of vehicles on the street or on the driveway, the pertinent Homeowner's Association can take appropriate enforcement action. The City is not involved in this type of enforcement action. In summary, to address the concerns raised by constituents concerning the parking of motorhomes and large campers, the enforcement of our current regulations would require more aggressive parking enforcement activity, which would entail significant personnel time commitment. It is suggested, however, that to eliminate to "practice" of moving an offending vehicle only a few inches to avoid the 72 hour rule, the Council consider adopting an ordinance defining "movement" to mean "to move the vehicle at least six feet, or farther." This would not eliminate the constituents' problem of aesthetics, etc. as the vehicle owner could simply move the vehicle around the corner, or across the street, or even six feet. It does eliminate the two inch movement of the vehicle issue, however. How far we could make the requirement for movement is undecided, but it would have to be reasonable and not arbitrary or capricious. BJT:dll S:\COUNCIL\Referrals\Motorhome parking.doc !{ JUN IB 2003 CITY OF BAKERSFIELD ................ MEMORANDUM .... " June 17, 2003 TO: ALAN TANDY, CITY MANAGER FROM: RAUL M. ROJAS, PUBLIC WORKS DIRECTOR ~ SUBJECT: STATUS OF SOUTHSHORE & NORTHSHORE PROJECTS Council Referral #000504 Councilmember Couch forwarded correspondence regarding Southshore project to Public Works. He requested an update on the status of the Southshore and Northshore projects and the status of the easement acquisition to Coffee Road. An MOU has been sent to Karpe Real Estate for a right turn lane construction reimbursement agreement. We now possess all necessary right of way. Staff will construct the right turn lanes late summer/early fall 2003. G:\GROUPDAT\Referrals~003\CC Mtg 06-11\504 - Jack.doc B A K E R S F I E L D~,, ................ ~; JUl,! I 8 ?_003 GITY OF BAKERSFIELD ,.-, -.. - .;, .. MEMORANDUM June '17, 2003 TO: ALAN TANDY, CITY MANAGER FROM: RAUL M. ROJAS, PUBLIC WORKS DIRECTO~.~ SUBJECT: STATUS OF LANDCO REALIGNMENT Council Referral #000505 Councilmember Couch requested Public Works Department prepare a response as to the status of the Landco realignment since Shell Oil's request has been withdrawn. The approval of a withdrawal of the Circulation Element amendment for Landco Drive is on the Consent Calendar of the Planning Commission meeting Thursday, June 19, 2003. The letter from Shell Oil Products indicates that the opposition of the neighboring property owners has led to their request for withdrawal. Staff has no additional information beyond what is contained in the letter requesting the withdrawal. G:\GROUPDAT\Referrals~003\CC Mtg 06-11\505 - Jack.doc B A K E R $ F I E- L D CITY OF BAKERSFIELD MEMORANDUM June 18, 2003 TO: ALAN TANDY, CITY MANAGER FROM' RAUL M. ROJAS, PUBLIC WORKS DIRECTOR~"L~,~ SUBJECT: FOOD GROWERS AGAINST SEWAGE SLUDGE Council Referral #000502 Councilmember Couch referred a letter from Kern Food Growers Against Sewage Sludge to Raul Rojas for response. City Staff has reviewed the May' 23, 2003, letter from the Kern Food Growers Against Sewage Sludge (KFGASS) to the Kern County Biosolids Task Force. The letter itself is 7 pages long with an additional 12 pages of reference material. (Copy previously submitted to Mayor and Council on May 27, 2003). Staff has also discussed the letter with KFGASS spokesman, Paul Giboney to gain a better understanding of the organization's concerns. The letter is long, very technical and covers a wide range of issues. It would take a book to cover all the issues raised in the KFGASS letter. Staff believes that the following points need to be understood by the City Council: 1. The KFGASS position on biosolids is stated in the letter: "It is the position of the Kern Food Growers Against Sewage Sludge (KFGASS) that no sewage sludge, of any classification, should be applied over usable groundwater, as determined by the Kern County Water Agency (KCWA)." ~ (KFGASS uses the term "Sewage Sludge' to refer to processed and treated sewage sludge. The proper term for this material is biosolids. Sewage sludge is the term used to describe untreated, unprocessed sludge.) The KFGASS position does not make a distinction between imported biosolids and local biosolids land application. The City of Bakersfield utilizes the biosolids from Plant 2 and Plant 3 as a soil amendment on the City Farm in Southeast Bakersfield. The City Farm is located over usable groundwater. Kern Food Growers Against Sewage Sludge, May 23, 2003 letter, Page 1, opening paragraph. June 18, 2003 Page 2 Council Referral #000502 2. The City of Bakersfield typically land applies approximately 6,000 dry tons of biosolids each year on the 5000 acre City Farm. In 1998, approximately 148,000 dry tons of biosolids was land applied in Kern County, most of it from Southern California2. It was concern over these large quantities of biosolids being imported from Southern Califomia that prompted the Kern County Board of Supervisors to pass a biosolids ordinance. Since this ordinance was aimed at reducing the importation of biosolids into Kern County, it applied only to unincorporated areas of the County. 3. The County Biosolids Task Force is dealing with the implementation of the County Biosolids Ordinance. Since this ordinance only applies to unincorporated areas of Kern County, any lobbying done by KFGASS would appear to be aimed only at imported biosolids. KFGASS however makes no such distinction between local and imported biosolids in its letter. City Staff would be more supportive of KFGASS if they would make their position clear in this respect. 4. City Staff is concerned about the large quantities of biosolids that are being hauled into Kern County from Southern California. Staff is supportive of efforts on the part of the County to deal with this problem. Staff does however believe that the beneficial reuse of our own biosolids on the City Farm is a safe and reasonable approach to the management of this material and we will continue to defend this practice. 5. The biosolids applications on the City Farm are done in strict conformance with State and Federal law. The California Regional Water Quality Control Board (CRWQCB) regulates the processing of sewage sludge into biosolids at the treatment plants. Each wastewater treatment plant has its own biosolids management plan which has been reviewed and approved by the CRWQCB. The biosolids are utilized beneficially as a soil amendment at rates commensurate with crop needs and in conformance with Federal EPA regulations. Each year the City files a report with EPA addressing our land application practices. The City has an extensive groundwater monitoring system on the City Farm to monitor the groundwater quality. The City has been disposing of its biosolids on the City Farm in this manner for over 40 years and considers these practices to be safe and responsible. With all these regulatory requirements already in place, we do not see any reason for the County to include another layer of regulation, especially since imported biosolids are not a problem within the city limits. 6. City Staff will continue to monitor the implementation of the County Biosolids Ordinance. We will support efforts by the County and organizations like KFGASS to limit the importation of biosolids from Southern California. Our concern is that these limitations might impact the operation of the City Farm. 2 Table 2-1 From Draft Environmental Impact Report Covedng the General Waste Discharge Requirements for Biosolids Land Application. G:\GROUPDAT\Referrals~003\CC Mtg 06-11\502 - WW.doc CITY OF BAKERSFIELD MEMORANDUM June 19, 2003 TO: ALAN TANDY, CITY MANAGER FROM: RAUL M. ROJAS, PUBLIC WORKS DIRECTOR SUBJECT: SlGNAGE MODIFICATION AT CALIFORNIA & CHESTER Council Referral 11000506 Councilmember Couch referred to Traffic Engineering correspondence from Jerry Sutter regarding signage modification California and Chester Avenues, and requested staff contact Mr. Sutter and provide a response back to Councilmember Couch. Traffic Engineering staff spoke with' Mr. Sutter regarding the non-standard directional sign to the "Greater Bakersfield Convention and Visitors Bureau" that is mounted above a traffic sign on California Avenue. The traffic sign is a regulatory sign stating that the left lane must turn left. Mr. Sutter was issued a citation for continuing straight in the left turn lane. Per Mr. Sutter, the Traffic Court dismissed the citation because of the confusion caused by the non-standard sign. The Traffic Engineer agrees with Mr:.. Sutter, and the Traffic Court, that the non-standard sign combination is confusing. Informational and guide type signs are not normally attached to such regulatory signs. A work order was issued to remove the non-standard "Convention and Visitors Bureau" sign and relocate it to a stand-alone signpost away from the regulatory left turn sign. In addition, the small arrows on the "Convention and Visitors Bureau" sign will be modified so drivers will not think it is a regulatory lane control sign. The other signs installed by the City, directing drivers to the Centennial Garden and the Convention Center, are appropriately located standard guide signs and are not affected. All the regulatory signs for the left turn lane and the markings are standard and no changes are to be made to those signs. G:\GROUPDAT\Referrals~003\CC Mtg 06-11\506 - Traffic.docy ;' B A K E R S F I E L D CITY OF BAKERSFIELD MEMORANDUM June 18, 2003 TO: ALAN TANDY, CITY MANAGER FROM: RAUL M. ROJAS, PUBLIC WORKS DIRECTOR SUBJECT: STREET SWEEPER DUMPING NEAR VIA LA MADERA Council Referral #000503 Councilmember Couch referred to the Streets Division a complaint from Linda Nickle regarding street sweeper dumping its materials behind her residence at 13710 Via La Madera. Staff to contact Ms. Nickle and prepare a response to Councilmember Couch. Mr. & Ms. Nickle were contacted by the Street Division in regard to the sweeper transfer site that is located behind their residence. It was explained to them how important it was to use this location and that we had plans on placing asphalt grindings on this area to control the dust as we have done at other sites that we currently use. We are also having the water truck go out twice a day to spray the area when the sweepers are using this site. Mr. Nickle was pleased to hear that we were going to place the grindings on this area and will let us know if it works. The grindings should be in place before the end of July. G:\GROUPDAT\Referrals~2003\CC Mtg 06-11\503- Streets.doc ,i i! JUNZ02003 MEMORANDUM TO: ALAN TANDY, CITY MANAGER FROM: JACK HARDISTY, DEVELOPMENT SERVICES DI DATE: June 19, 2003 SUBJECT: MIXED USE DISTRICT Council Referral No. REF000500 COUNCILMEMBER COUCH REQUESTED A STAFF RESPONSE AS TO WHETHER A MIXED USE DISTRICT OR ZONE WOULD BE HELPFUL FOR THE DEVELOPMENT IN BAKERSFIELD (SEE ATTACHMENT) OR DO OUR CURRENT ZONING ORDINANCES ALLOW FOR IT ADEQUATELY? Mixed use projects are permitted in various zones in the City. The Planned Unit Development zone (PUD) where housing is the primary use also permits commercial uses in combination with housing. The Planned Commercial Development zone (PCD) where commercial use is the primary use also permits residential in combination with commercial uses. The zoning ordinance also allows residential in our traditional commercial zones with a conditional use permit. However, developers have not yet exercised their broader options of planned development projects. Those proposed by developers have either been commercial use only PCD's or residential use only PUD's. In addition, the general plan provides for Mixed Use Development (MUC) as a land use classification intended for commercial centers which combine professional office, major retail and medium to high density residential. This classification is usually paired with the Commercial Center zone (C-C) which permits the previously mentioned uses but requires preparation of a specific plan outside of downtown. Within downtown, the full range of multifamily and commercial uses is permitted as mixed use development. The C-B (Central Business) z, one permits mixed commercial, office and residential uses through the normal project permitting process. The Metropolitan Bakersfield General Plan and the City's zoning ordinance support mixed use development. The common developer criticism is that the process required a public hearing. The developer wants to be able to plan a mixed use project and build it under adopted rules and procedures without the need for public review. The City process usually, but not always, requires a public hearing and a commitment to the proposed plan with allowances for minor changes. Developers have applied for and built several PCD's and PUD's but have chosen not to build them as mixed use developments. Because mixed use projects are a more intensive use of the land and more complex than would be for single use projects it is difficult to design a set of rules that would be applicable to all mixed use projects and their relationships to neighbors. Alan Tandy, City Manager June 19, 2003 Page 2 The policies and ordinances do provide opportunities to build mixed use developments in Bakersfield. But, such a project requires design skills, imagination and commitment of the developers. JH:djl CC: Rhonda Smiley, Office Administrator/Public Relations P:\CCReferral\REf500.doc BAKERSFIELD POLICE MEMORANDUM TO: ALAN TANDY, CITY MANAGER FROM: ERIC W. MATLOCK, CHIEF OF POLICE DATE: June 16, 2003 SUBJECT: Sex Offender Frequenting Greenacres Gym Council Referral No. 501 (Ward 4) Council Member Couch requested the police chief look into the issue of a sex offender frequenting Greenacres Gym and would like to know what can be done to help them. Provide Information and response as to whether this is city or county. Greenacres Community Center is located within the jurisdiction of the Kern County Sheriff's Department, and the subject also lives in the county area. Staff has been in contact with Sheriff's Department personnel who are checking to see if there may be a registration violation; they are aware of constituent concerns. EWMN~ B A K E R S F I E L D CITY OF BAKERSFIELD MEMORANDUM June '19, 2003 TO: ALAN TANDY, CITY MANAGER FROM: RAUL M. ROJAS, PUBLIC WORKS DIRECTOR.~,,/"Lt.~~ SUBJECT: GRAFFITI AT CUSTER AND SOUTH H Council Referral #000495 Councilmember Salvaggio requested staff expedite removal of graffiti on the masonry wall at Custer and South H Street. The Graffiti located on west side of So. H Street south of Custer Avenue was removed on Monday, June 16, 2003. A cinder block fence adjacent to this was also tagged and power washed. The graffiti and the resultant pressure wash left a "shadow" on the wall. The Graffiti team is returning on Thursday, June 19, 2003, to attempt to blend the "shadow" and completely remove the graffiti. G:\GROUPDAT\Referrals~003\CC Mtg 06-11\495 - GS.doc B A K E R S F I E L D CITY OF BAKERSFIELD MEMORANDUM June 18, 2003 TO: ALAN TANDY, CITY MANAGER FROM: RAUL M. ROJAS, PUBLIC WORKS DIRECTOR ~ SUBJECT: REPAIR SIDEWALKS ON MING AVENUE Council Referral #000497 Councilmember Sullivan requested staff look into repairing the sidewalk on the east side of Ming and Wilson; also look into repairing the stamped concrete that has buckled in the median on Ming Avenue, turning north onto New Stine Road; and also look into the reason these two areas have buckled recently. Our Street Division has looked into this situation and found a location in the sidewalk area on the east side of New Stine between Ming Avenue and Wilson Roadd that has buckled. This buckling is caused by hot weather. When it gets into high 90 degree weather, some sidewalks will raise and when it cools down the sidewalk goes back down. When sidewalk buckles, dirt and debris collects in the cracks and under the sidewalk not allowing it to. return to it normal position. This section will have to be removed and replaced. This work will be completed by July 11, 2003. While out there we looked for the location on the median island and could not find any stamped concrete that was lifted. The medians at this location have asphalt. G:\GROUPDAT\Referrals~003\CC Mtg 06-11\497 - Streets.doc