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HomeMy WebLinkAbout07/18/03 B A K E R S F I E L D CITY MANAGER'S OFFICE MEMORANDUM July 15, 2003 TO: Honorable Mayor and City FROM: Alan Tandy, City Manager SUBJECT: General Information 1. The absolute worst proposal to come before the Legislature, so far, is being called the "triple flip". The State borrows money and uses our sales tax to secure and pay the debt and, maybe, sort of, kind of, will make up the lost revenue to us from the ERAF funds they have previously taken from us and given to the schools. Only, of course, the math does not work and they have not shown the capability to make the cuts that would make us whole anyway. The enclosed budget update from the League makes reference to the plan. This one could take $25 million from our General Fund. We are, of course, sending the strongest possible protests. 2. As you are aware, building inspection fees are a dedicated revenue source. We can not use them for other purposes. We are setting workload and raw number records for building permit issuance, revenues, and workload. The operation, historically one of our most customer friendly, is in a critical situation. To deal with it, we need to shift workloads among staff, enter into contracts for outside plan check and/or inspection services, hire four new people, and cut the time we take requests for inspections from twice a day to once a day. The hiring of the new inspectors will appear on your next agenda. Again - the monies to hire are coming in from the permits, and these funds can't be used for other purposes. Some charts and graphs on workload and volume are enclosed. Please feel free to call me, Jack Hardisty, or Dennis Fidler for details. 3. On the "fiscal crisis" issue: The time may well have come to plan for a Proposition 218 vote on increasing our park and landscape maintenance district fees. They have not changed since 1996. There is related information from the City Attorney under the referral response section of this memo. 4. I will be on vacation Monday through Thursday of next week. During my absence, Alan Christensen will be in charge. I will also check in with the office periodically. 5. A memorandum from Chief Fraze on more of the "good things" that have taken place in the Fire Department over the last few years is enclosed. Vice-Mayor Couch requested this. 6. We had a very positive meeting with County officials this week on the subject of long-term merging of our animal control services. An outline of options available that they prepared is enclosed. We would like to explore with them Option #4, the complete consolidation through a JPA - one phone number, one set of rules with the result of improved Honorable Mayor and City Council July 18, 2003 Page 2 administrative efficiency. We will be holding regular meetings with them as we work through the three month emergency contract we have with them. 'We will keep you informed. 7. A fire occurred at Martin Luther King, Jr. Park in the early morning of July 14th. Thanks to the efficiency of Recreation and Parks, and Public Works staffs, the pool was re-opened on the 16th. A memo from Risk Management regarding status and damages is enclosed. 8. Boulders are lining the future stream bed at Rio Vista Park. The Water Department has done an excellent job in building the basics of what will be a beautiful mountain stream interconnecting the two lakes. 9. Just a point of clarification - the Veterans' group is working with a local planner to come up with a design for the Veteran's Memorial Park. A graphic of that preliminary design was picked up by the media. It has not yet been reviewed by the various City departments, so please take it as preliminary. As you may recall, the veterans have two years to come up with an acceptable plan and funding to make that deal a reality. The City Council, at the appropriate time, would determine the acceptability of the plan. 10. Attached is a Development Services Department report on issues surrounding adoption of air quality mitigation fees. This is supplemental to a report from the City Attorney's Office that was issued earlier. Also enclosed is a letter from Castle & Cooke with comments on the proposal. 11. We are experiencing a frustrating delay in our efforts to purchase the EDD Building at 1924 Q Street for the relocation of the Assistance League. The Federal Department of Labor and State EDD can not agree on the value of the property and do not appear to be moving toward any resolution. The attached letter was sent to Representative Thomas, Senator Dean Florez, and Assemblymember Nicole Parra, in the hopes that they may be able to facilitate some resolution to the issue. We received instant contact from both Congressman Thomas and Assembly member McCarthy. 12. Parks staff applied a fungicide to the turf at Windemere Park and the treatment appears to be gaining control of the problem. They will skip mowing of the area this week and mow late next week. As currently scheduled, the park will be re-seeded, ~erated, fertilized, and mulched the first week in August. Staff anticipates the high temperatures to continue in the month of August and September for good germination. 13. Centennial Garden was featured in a new program on MTV called "Crowd Control" which chronicles concert security at arenas. The show debuted on July 15th and will air again on July 19th and 23rd. More information is contained in the attached press release. 14. Art Carlock, who represents the Highway 99 Car Show'n'Cruise event, reported to staff this week that his organization has obtained a federal non-profit (501(c) (4) status. The group is planning an event in Bakersfield from October 24th through 26th, with quite a number of activities, including a golf tournament, an open header cruise and contest, a downtown car Honorable Mayor and City Council July 18, 2003 Page 3 show, dance and dinner party, pancake breakfast, burnout contest, and track cruising. A letter from Mr. Carlock is enclosed. 15. [SDCD staff prepared the enclosed response to a recent web article that was critical of redevelopment in the downtown area. 16. The loan status report for the City's agreement with Sangera Automotive is attached for your review. EDCD reports that Sangera is in compliance with the loan terms. 17. Site plan review of a proposed adult entertainment establishment to be located at the intersection of Gilmore Ave and Buck Owens Blvd has been completed. Technically, it received an approval, but it faces significant improvement requirements and a need to supply adequate parking. These must be resolved by the applicant before the project may go forward. 18. Responses to Council requests are enclosed, as follows: Councilmember Benham · Response to Golden Empire Transit's request for a sidewalk and two stop signs at the Bakersfield Homeless Center Councilmember Couch · Compilation report provided on the Northeast Water Treatment Plant; · Report on Proposition 218. and the impacts on Assessment Districts; · Status report on feasibility of installing a double left turn lane at Granite Falls, eastbound at Coffee Road; · Reiteration of the policy limiting the hours that City heavy equipment is moved around on the streets; · Report on pipeline easements and the effect on property owners in developing areas, due to lack of information; · Background information related to "Friends of the River" correspondence; · Clarification on the shared easement contract and service agreement with PG&E; Councilmember Hanson · New procedure for collection of advance deposits on all new commercial refuse service accounts; Councilmember Salvaggio · Results of contact with owner at 7405 Senalda Court regarding pine trees behind his property; · Repairs and weed abatement at 1320 Sandra Drive, a City storm pump station. AT:rs cc: Department Heads Pam McCarthy, City Clerk Trudy Slater, Administrative Analyst Grassroots Network South San Joaquin Valley Division Catherine Medina Regional Representative P.O. Box 5296 Fresno, CA 93755-5296 E MAIL cmedina@cacities.o~ www.cacities.or§ FAX 559/432-7945 Cell 559/351-2272 Budget Update To: City Managers Date: 7/14/03 Today Senate Leader Burton held a press conference on the budget, followed by a response from Senator Ackerman (Republican member of the Budget Conference Committee). Both members indicated that there continue to be clear divides between their caucuses, and that it's not likely to be resolved through the budget debate expected on the floor tomorrow, but that progress is being -. made. Senator Burton indicated that they are not supportive of the full package of amendments (to AB 1769) offered by the Republicans. This is due in large part to their feeling that the cuts continue to place the burden on those who can afford it the least (blind, aged, disabled, single mothers), while they eliminate some key elements of the Democratic proposal (polluter pay fees, reductions in corrections, and more). There may be some individual cuts to Administrative activities and others they might be able to support, however. On the issue of the rumored "triple flip", he suggested that the main issue is "do you backfill locals, schools, or simply let them go". As it is supposedly being drafted, two main issues remain -- how do you technically write it so that local governments are held harmless and how do you find the $2 billion to keep schools whole. While there may be some in his caucus that would support the proposal, he suggested that most will not vote for a budget that does not include revenue increases. Senator Ackerman clearly distanced the Republican caucus from the amendments being debated tomorrow by suggesting "this is not the Senate Republican proposal". Instead, it is a combination of proposals suggested by the Governor, the Legislative Analyst Office, the Reason Foundation, and more. The Republican caucus stands by it's budget proposal made public in February that rolled back expenditures to 1997 levels (adjusted for inflation and population), and offered a three- year plan to resolve the structural deficit problems. Ackerman made it clear that the members of his caucus will not vote for a budget with revenue increases (AB 1769 includes acknowledgement of the VLF trigger as part of the solution), and that he, and many members of his caucus, will not vote for a budget that does not solve the "out-year" structural problems. This indicates that AB 1769, as amended by the Republicans, is unlikely to gain full Republican support tomorrow. Regarding the "triple-flip", Ackerman suggested that they have no details on the proposal and how it would become part of the plan. The caucus has talked about it for all of "30 seconds". He feels that it unfairly asks local governments to once again "trust" the state and he is committed to opposing it, although the caucus has not yet taken a position. Even with these clear disagreements, both Burton and Ackerman suggested that the sides seem to be moving forward and are hopeful after tomorrow's debate that they can resolve additional issues. Yet Ackerman acknowledged that it will be particularly hard this year because of the size of the deficit, and it's likely to take a longer time (than previous years). As a general proposition the League of California Cities opposes the idea of a property-sales tax flip, especially if it is an AB 1221 (Steinberg) type of swap. There are substantial reasons to distrust the ability of the legislature to provide assurances in the years ahead as it faces continuing budget crises that any backfill funding commitment will be kept. The state should finance its bonds with its own revenues--by raising taxes or asking the voters to do so. The Board of Directors will be meeting in Monterey this weekend. On the agenda is a discussion of the "triple flip" proposal that is rumored -- although details are not yet available to us. Given the comments by Senators Burton and Ackerman, it's clear that there is continuing confusion on whether this is a viable option, and if so, what the details would be of this option as well as the rest of the plan. However, in preparation for this option being proposed, the Board will be asked to give a sense of their direction on it to the League's staff in moving forward on the budget. I hope this reaches you before many of you leave for you planed trip to Monterey for the Mayor's & Council Members Executive Forum. I plan to join all of you there late Wednesday afternoon. For those of you not attending the Monterey Conference, please do not hesitate to contact me on my cell phone with any budget related question or concerns. The League will try to set up a communication center at the conference so we remain in contact with all our member cities and keep them up-to-date as we receive the incoming budget news. Catherine Medina Re§ional Representative Cell 559/351.2272 City of Bakersfield Building Permits by Fiscal Year (YTD as of June 30, 2003) 2,000 0,000.................................................................................................................. 9,397 7,853 8,000.................................... 7,237 .................................... 7,440 6,307 6,418 6,000 4,000 2,000 FY 97/98 FY 98/99 FY 99/00 FY 00/01 FY 01/02 FY 02/03 Fiscal Years P:~2000 FeesV~fO PEFIMIT DA 7,4103 Monthly Permit Hist by FY 07/15/2003 at 9:20 City of Bakersfield Building Valuations (YTD as of June 30, 2003) $700,000,000 $600,000,000 $500,000,000 $400,000,000 $300,000,000 $200,000,000 $100,000,000 97/98 98/99 99/00 00/01 01/02 02/03 Fiscal Years ~0~ Fees~O PERMIT DA TA I03 Mon~ Perm~ Hist ~ FY 07/15/2003 at ~ 19 AM City of Bakersfield Total Monthly Permits by Fiscal Year (as of June 30, 2003) 1,000 900 800 700 600 500 ~ 400 ~ ~' 300 200 ........... JUL AUG SEP OCT NOV DEC JAN FEB MAR APR MAY JUN - - 'FY 97/98 ~FY 98/99 FY 99/00 FY 00/01 FY 01/02 : FY 02/03 ~ P:t2000 FeesiMO PERMIT DA TA~03 Monthly Permit Hist by FY 07/16/2003 8:14 AM Total Monthly Permits by Fiscal Year (as of June 30, 2003) 1,ooO 900 800 700 600 400 ~ . ,. 300 200 ........... JUL AUG SEP OCT NOV DEC JAN FEB MAR APR MAY JUN --e--FY 96/97 -~-FY 01/02 ~FY 02/03 Revenues vs Expenditures $4,500,000 $4,000,000 $3,500,000 $3,000,000 $2,500,000 $2,000,000 $1,500,000 $1,000,000 $500,000 FY 95/96 FY 96/97 FY97/98 FY 98/99 FY 99/00 FY 00/01 FY 01/02 FY 02/03 ~ REVENUES -W..- EXPENDITURES BAKERSFIELD FIRE DEPARTMENT MEMORANDUM TO: Alan Tandy, ~ity Manager~ From: Ron Frazel Fire Chief .~~'~¢~/~ Date: July 18, 2003 Subject: Response to Council Member Couch's request: (Positive things .accomplished over last five years) The following is a compilation of the accomplishments and benefits of the Bakersfield Fire Department over the last five years (1998-2003). Equipment: The replacement of (4) Type 1 Fire Engines and one Ladder Truck. Tie addition of: · Light/Air Van . · EMS bikes (4) * - Reserve Engines (increased tibet by 2) , · OES Engine · Rescue Supply Trailer · Swiftwater trailer with personal rescue craft, raft, and equipment .Personnel: The addition of: · Second TrainingCaptain · Fire Plans Checker · 15 additional personnel for.Station i5 · Reorganized Reserve Program (added 21 new reserves) · Reorganized Prevention Services, created Admin BC position for mentoring and special projects. · 2 additional ECC dispatchers . Monetary Gains: · Raised education premium to 10% · Implemented 3%@50 (PERS) · Implemented EPMC · Increased base salaries by 19 % Administrative: · Amended JPA agreement to keep ECC, Training BC and Arson Bureau, and. to respond north of the river. · Developed a Cohesive Management Team · Adopted a "Hillside Ordinance" · Reclassed Assistant Chiefs to Deputy Chiefs Operations: · Implemented NFIRS system (National Fire Incident Reporting) · Implemented new CAD at ECC · Implemented Rescue Stations (Stations 1 and 7) · Certified our Training Facility as a State Regional Training Site on Confined Space · Engaged in the State's Master Mutual Aid Plan by participating in "Strike Team/Overhead Teams" both locally and nationally i.e ... Pentagon · Constructing Fire Station 15, increased acreage and square footage of station to accommodate a Truck and Engine company and to increase our Haz-Mat team capabilities. · Purchased the Land (2 acres) for future Fire Station 12 and as of July, 2003 have allocated $670,000 toward its construction. · Extended Traffic preemption through City funding, GET grant, and agreement with Hall Ambulance. · Implemented a "Swift Water Rescue Team" · Staffed 12 Paramedics for Hazmat and Technical Rescue Teams. · .' · Approved our Hazmat Paramedic protocols through County EMS · Implementing Telestaff in Fall, 2003 · Implementing Mobile Computers/Vehicle locators - Spring, 2004 · Major upgrades to several Fire Stations Grants: · $2,841,700 (Please see detail attached.) s/ron fraze/1998-2003 Grants Thermal Imaging Cameras $46,000 Arson Bureau Review 5,000 Albertson's Health Fair 5,200 Office of Traffic Safety 62,000 Federal Excess Property 80,000 Weapons of Mass Destruction 302,000 Y2K 30,000 GIS Software 10,000 EMS bikes 1,500 9 Defibrillators 30,000 Nonsmoking Grant 235,000 OES Notification System 28,000 Metropolitan Medical Response System 400,000 Teleminder 25,000 Rescue Boat 5,000 Hall Ambulance Agreement 130,000 GET 937,000 Safety Trailer 25,000 Safety House 5,000 Federal First Responder Grant (Spring, 2004) 480,000 $2,841,700 page 3 S:Susan/grants/summary - - ANIMAL CONTROL SERVICES OPTION I - SEPARATE ENFORCEMENT AND SEPARATE SHELTER OPERATIONS (CO. ANIMAL CONTROL/SPCA MODEL) 1. Facilities located at different sites, 2. Separate Dispatch and Field Services. 3. Two different telephone contact numbers for all services 4. Two different site visits required for redemptions and adoptions. 5. Separate and incompatible data bases. OPTION II- CO-LOCATED ENFORCEMENT AND SHELTER OPERATIONS (CURRENT MODEL) 1. Facilities co-located. 2. Separate Dispatch and Field Services. 3. Two different telephone contact numbers for all services. 4. One site visit required for redemptions and adoptions/redemptions and adoptable animals held in County kennel. 5. Separate data bases but information is accessible to both agencies. OPTION III - SEPARATE ENFORCEMENT AND CONSOLIDATED SHELTER OPERATIONS 1. Enforcement and administrative facilities co-located; kennels merged. 2. Separate Dispatch and Field Services; merged kennel operations. 3. separate contact numbers for Dispatch and Field Services; consolidated shelter number. 4. One site visit to joint facility required for redemptions and adoptions. 5. Separate data bases but information is accessible to both agencies. OPTION IV- CONSOLIDATED ENFORCEMENT AND SHELTER OPERATIONS 1. Enforcement, kennel, and administrative facilities all merged. 2. Dispatch, Field Services, and kennel operations all merged. 3. One contact number for all services. 4. One site visit to joint facility required for redemptions and adoptions. 5. . One merged data base. " I:dp/dp/animal control/ac-cob consolidation0711.doc JULY 17, 2003 TO: ALAN CHRISTENSEN FROM: PAT FLAHERTY ¢~ CC: STAN FORD, STEVE HOLLINGSWORTH, SALLY IHMELS SUBJECT: MLK FIRE ON JULY 14, 2002 WHAT HAPPENED A fire occurred at Martin Luther King Park in the early morning of July 14th. The fire appears to have been started when someone lit a couch on fire in the staff room by the entrance to the pool area. This appears to be arson. The fire report is being prepared but not yet available. One witness has come forward and Sally Ihmels also received two names of individuals who may have been involved in the fire. This information has been turned over to the arson investigator. The fire destroyed the staff room and caused considerable damage to the roof~ of the structure. The structure is primarily made of cinder block walls with a wood roof. The structure is approximately twenty feet by forty feet and consists of a small staff room, a bathroom, and a pump room. Only the staff room and the roof received major damage. CURRENT STATUS The pool was reopened at noon on July 16, just two days after the fire, thanks to quick work by Recreation and Parks and Public Works staff. As mentioned, the fire occurred near the normal entrance to the pool area. This area has been roped off and secured and the entrance to the pool has been relocated to a safe area. The rest room and the pump room are all functioning normally. DAMAGES The staff room and roof are the areas of major damage. However, a remodel of this building was already planned for December of this year to comply with ADA regulations. The remodel was going to include an expansion of the building. As this work was already scheduled, any repairs from the fire may be incorporated into the remodel project. This should reduce the cost of any repairs needed. The estimated time to repair the roof, which is the major area of damage, is six weeks. The pool is scheduled for closure on August 18'h, which is only a month away. The damaged areas will remain roped off until the pool is closed. All contents in the staff room were destroyed. The total value of the contents is apProximately $7,000. However, $3,000 of this amount is for a defibulator. We do not need to purchase a replacement as we can use a defibulator from one of the pools that was recently closed. I have attached photos of the building for your review. B A K E R S F I E L D M E M O R A N D U M UL - § 2OO3 TO: Alan Tandy, City Manager ~/Stanley C. Grady, Planning Director FROM: SUBJECT: Air Pollution Mitigation Fee - Program Considerations An impact fee can be applied in tandem with other available measures to reduce project impacts to less than significant or it can be used alone to fully mitigate impacts that are solely the responsibili~ of a project. In either case, the goal of a fee based mitigation program is to fund mitigation that reduces emissions to less than significant. The mitigation should result in actual emissions reduction that is.real, enforceable, quantifiable and permanent. Considerations for an impact fee should include the following: 1. A fee can be fixed or variable based on adopted standards for measuring impacts. A fixed fee is associated with project mitigation which is established as pa~ of a fee program. A variable fee may have a range based on factors such as project ~pe, size and location or it may require that a study and determination be made on a project by project basis as pa~ of the project review process. 2. A fee should be in addition to and not a replacement of existing mitigation. There are vehicle emission reduction programs and other programs aimed at improving air quali~ that are operated by the Environmental Protection Agency, California Air Resources Board and the San Joaquin Valley Air Pollution Control District. The nexus document for a new program or mitigation fee would need to evaluate and measure the effectiveness of these programs so that a determination can be made as to ~ether there is any unmitigated impact requiring a new program to mitigate that impact, or if a more aggressive application of existing rules, programs and authori~ by responsible agencies could achieve the same goal. 3. A fee should reduce to a level less than significant any unmitigated impacts. The fee should be the result of kno~ng what needs to be done. What will be done with the fee should be included in the nexus document. Impacts will need to be identified and described sufficient enough to measure significance and determine what level of mitigation needs to be applied. Alan Tandy, City Manager July 7, 2003 Page 2 4. There should be a reasonable connection between the impact being mitigated and the impact created by a project. The relationship between an impact and prescribed mitigation should be direct. As with the traffic impact fee, projects add trips to the roadway. Therefore, necessary circulation system improvements are identified, priced and a proportionate share is paid as a mitigation fee. The same methodology should be applied to an air pollution mitigation fee. The mitigation should contribute directly to reducing the impacts from a project. 5. The fee should not exceed the proportionate share of project related impacts. There should be a direct relationship between impacts, a projects proportional contribution to an impact, and the amount of an impact fee assessed a project. 6. There should be a reasonable connection between the fee expenditures and the action taken to reduce an impact to less than significant. Expenditures of mitigation fees would need to correlate to reduction in impacts. This is project specific and time sensitive. Mitigation expenditures should relate to a reduction in project specific impacts within a time frame that reduces the impacts to less than significant prior to completion of the project. A determination needs to be made as to what the threshold will be for paying the fee. Documentation would need to show at what level and for which projects payment of a fee would be required in order to fund an action that would reduce project impacts to less than significant. 7. A determination must be made as to what change is needed to reduce project level impacts to less than significant and at what level the impact is occurring; regional, area-wide, or local. Projects can generate impacts that are localized or impacts may extend to a broad area or a region. This information will impact decision making regarding what needs to be done and will be done to reduce an impact to less than significant. This information is a critical component in determining the scope of a mitigation fee program. The fee amount and mitigation actions are based on activities identified through this process that will have the effect of reducing an impact to less than significant. In a separate memorandum the City Attorney provided information regarding the legal framework for establishing an impact fee. In summary the requirements are as follows: 1. Identify the purpose of the fee; 2. Identify the use to which the fee is to be put. If the use is financing public facilities, the facilities shall be identified (can be identified in the Capital Improvement Plan, General or Specific Plan requirements, or other public documents identifying the public improvements); Alan Tandy, City Manager July 7, 2003 Page 3 3. Determine the reasonable relationship between the fee's use and the type of development project on which the fee is being imposed; 4. De'termine the reasonable relationship between the need for the public facility and the type of development project; 5. Determine the reasonable relationship between the amount of the fee and the cost of the public facility (or portion of the public facility) attributable to the development. Any impact fee program requires public hearings and is subject to a delay of 60 days after approval before the new fee becomes effective. Mitigation performed by the developer would be credited to the developer against the fee based on the reasonable cost of the mitigation. If a state or air district program allows for purchasing credits from other projects that have reduced emissions below project requirements, then the effect could be less actual revenues occurring to perform local mitigation identified in an adopted fee program. SG:djl CC: Bart Thiltgen, City Attorney Ginny Gennaro, Deputy City Attorney II Jack Hardisty, Development Services Director P:\pollution mit fee.doc Castle&Cooke - CALIFORNIA, INC. Bruce Freeman .... I~ ~ '-~ [ g' ~Z ~? President .................. :JUL !' I 2oo3 .: July 7, 2003 ~ ~,~, ..... ~-, . . Alan Tandy - City Manager City of Bakersfield 1501 Chester Avenue Bakersfield, CA 93301 A ~reat deal of momentum has developed recently for the imposition of an "air quality" impact fee. This appeprs to be motivated by a political pragmatism to appease the San 3oaquin Valley Air OualiW Gontrol District, the EPA, and litigious no-~ro~h ~roups like the Sierra Glub: These ~roups do have, unfo~unately, the power to take control of local poticy-makin~ and inflict harm on our community if their demands are not met. However, we should resist the simplistic notion that we can buy our.way to cleaner air by merely payin~ a one. time fee for each new home built. These funds will ultimately be dissipated into politically determined pet. projects, to~ether with (permanently) h~her ~overnmental administration and monitorin~ costs for sbCh pet projects. My common sense-tells me that any such fee is unlikely to have a measurable impact on our local air quality. I would, therefore recommend that we develop a list of community design features that focus more on efficient traffic and tranSpoaation design, more livable, walkable neighborhoods (sho~er blocks, increased tree canopy, more frequent parks, hi~her densities, reduced street widths, etc.) that encourage walkin~ and discourage ddvin~ - to create lastin~ improvements to air quality in lieu of a fee. ~ fee should be justified only as a last reso~ when a new housin9 development is unable to build in permanent m~ti~ations such as those su99ested above. This might be the case in small infill projects projects targeted to achieve desired levels of affordability. I am confident that members of the development community can work with local elected representatives and their staffs to ~r~a.~ c,,t.,,a ,h.,:,u,~,e ue~,opmen,o c~,, ,n~orporate ,o help us achieve cleaner Ail of us are responsible for improving the quality of our air. Simply paying a fee, in lieu of building lasting mitigations into our developments, seems the easy way out. Sincerely, Bruce Freem~ ' ,':;:,. '- , - 'President -.~- ' ~ ...... · ..... : .... '- -: --'~ ..... Castle & Cooke .-'~',- ,' ,. ,. '... ~-" · L':"T'-._ ?',- . - : '. :' :'~... 10000 Stockdale Highway.(93311) · P.O. Box 11165 · ~Bakersfield, CA 93389-1165 ° (661) 664-6544 · Fax (661) 664-6030 BAKERSFIELD Alan Tandy · City Manager July 14, 2003 Dear I am writing to you to request your assistance in resolving an important real estate issue between the City of Bakersfield and the State Department of General Services concerning property located at 1924 Q Street, Bakersfield. The California Economic Development Department and United States Department of Labor are also involved. The City of Bakersfield and its Redevelopment Agency, in connection with private sector interests, are undertaking a very substantial redevelopment project in Downtown Bakersfield, north of California Avenue between "N" and "Q" Streets. It is over a $30 million dollar project that will expand the redevelopment that has previously taken place with the Centennial Garden arena, Amtrak Station, Convention Center hotel, and ice rink/aquatic center now under construction. Specifically, it. will add 180 units of housing, a movie theater complex, restaurants and retail. Federal, State and local funds are involved. Several hundred construction and permanent jobs are also involved in both a redevelopment area and an enterprise zone. It is a very important project for the City. The developer has acquired all of the property except one that is necessary for Phase I (theaters, restaurants and retail) of this project. The one remaining property is the Assistance League of Bakersfield. The League has been there for decades. They have about 300 volunteers who provide critical services to the poor with a special emphasis on children. Efforts have taken place for about two years to find a new home for the League that would meet their needs such as proximity to their service area, size of structure, bus routes and much more. After a frustrating search, the EDD building at 1924 "Q" Street was found to be on the State surplus property list, with an appraised value that the City, Developer and League believe can be raised. The volunteers of the League are enthusiastic about it working for them. When they can move, it will free the Developer to proceed with his project. City of Bakersfield · City Manager's Office ° 1501 TruxtUn Avenue Bakersfield, California ° 93301 (661) 326-3751 · Fax (661) 324-1850 1924 Q Street July 11, 2003 Page 2 The City of Bakersfield has been working with the State Department of General Services for more than 18 months to acquire the EDD property. The appraisal process alone took almost one year. The original appraisal came in at $1,050,000 and the DGS review appraisal came in at $600,000. I believe the discrepancy can be attributed to the amount of deferred maintenance required to bring the building up to current ADA and other standards. A few of the problems recently brought to our attention are that the HVAC system needs to be replaced, none of the bathrooms are ADA compliant,-and the roof leaks. According to Howard Gilreath,.Manager of the local Employment Development Department and last occupant of the building, in 1989-91 the State appropriated $1 million - $1.5 million to perform this work. It was later determined that the work would cost more than that so the money was spent elsewhere and the work.was never performed. In summary, while the-building is basically sound, it will need a great deal of work · before it can be reused. We believe the appraisal done by the DGS at $600,000 is the true fair value. It is also the only value that will work for the parties involved in the transaction. On May 30, 2003, the State .DGS notified us they were ready to move forward with the sale of 1924 Q Street at the $600,000 price and instructed us to send a letter of interest. This letter was sent on June 4th, but on June 5th, the State DGS notified us the State EDD would not move forward with the sale.' The problem we are faced with is that State and federal officials handling the sale of this property are at odds over the value of the property and are unable to resolve the matter internally. Apparently, the U.S. Department of Labor shares some equity interest with the State EDD. As the federal and State bureaucracies haggle over the value, the important development for the betterment of Bakersfield is held in abeyance, or, in fact, threatened. Further, the 300 volunteers of the Assistance League are in a state of limbo, not knowing what will happen to them. Due to the time sensitive nature of redevelopment projects, we simply cannot wait until the federal and State bureaucracies choose to resolve the matter. Given the fiscal crisis facing all government agencies in California, I am sure you can understand that this is a high priority to us. It really appears simply to be two bureaucracies not being able to come to terms with one another or, perhaps it .does not rise high enough on their priority list to get to it. Anything you can do to facilitate the timely resolution of this matter would be greatly appreciated. Persons to contact would include: California State Department of General Services Kenn Kojima 916.376.1900 California Economic Development Department Michael S. Bernick 916.654.8210 United States Department of Labor Lynn Rhodes 415.975.4644 aT~gN~D~Y /er / cc: Betty Eaves, President of the Assistance League Ray Olmscheid, Olmscheid P. Development Company . Don Anderson, City of Bakersfield Property Manager MEDIA.RELEASE Today's Date: July 17th, 2003 Contact: Scott Norton, Centennial Garden 661-852-7301 FOR IMMEDIATE RELEASE CENTENNIAL GARDEN DEBUTES ON MTV'S CROWD CONTROL Bakersfield, CA- Centennial Garden became the first arena profiled on MTV's new show "Crowd Control." Premiering July 15th, the Show will re-air Saturday, July 19th at 5:00 PM and again Wednesday, July 23rd at 7:30 PM. Crowd Control, a new show by MTV networks, profiles concert security at arenas. The Bakersfield show was taped June 1st 2003 during a concert at Centennial Garden featuring The Movielife, MxPx, Good Charlotte, and New Found Glory. Filmed .in the style of the tv show Cops, Crowd Control profiled Centennial Garden Event Staff Manager Sam Cornejo, along with'his securitY staff supervisors. MTV followed Garden personal over a six hour period and recorded over sixty hours of footage to produce the twenty-two minute final product. The MTV taping is another example of the entertainment industry recognizing Bakersfield and Centennial Garden as a convenient and economical location for television production. "We've created a niche for ourselves within the entertainment industry. We're close to LA and our amenities rival those of other Southern Califomia venues" stated Jim Foss, Centennial Garden Executive Director. This MTV'taping followed other tapings that included: AFL on NBC, Incubus Music Video, Foo Fighters Music Video, MTV's 'Diary of Blink 182, and numerous live shoots. Centennial Garden plans to continue soliciting live and taped events. The next nationally televised event for the Garden is the NCAA Elite Eight Division II Basketball Championships on CBS in March. Hi hx0a 99 PO Bo, 22344 Bakersfield. C 'X July.8, 2003 Ms. Tmdy Slater City of Bakersfield 1501 Truxton Avenue Bakersfield, CA 93301 Re: Highway 99 Car Show'n'Cmise Dear Ms. Slater: It was nice talking to you yesterday, especially with good news. That always helps the conversation. Enclosed is the copy of the "Non-Profit" status letter from the IRS I promised. We finally got it done. Also enclosed are copies of advertisements that have already gone out and may actually be on the newsstands and in people mailboxes by now. In addition to the ones you have copies of we are pending 3 others. One of which is the program for the Route 66 Event in San Bernardino which was attended last year by 585,000 people. We of course do not expect these numbers, especially being only our 2nd show, but we do expect a good crowd. Last years estimates were 25,000+ people and we registered 525 entries. All in all we thought it was a great first show. This year looks to be much better as we have teamed up with the DBA for a Golf Tournament and the Fox Foundation for a combination 50's/USO style Dinner/Dance to salute both the 50's and our local veterans. Let me give you a quick run-down on this years progress so far. Three-Way Chewolet is once again on board as a sponsor this year. They have also donated a new car to the DBA for the Golf Tournament. We are also happy to report we have our first national sponsor, Bridgestone/Firestone is coming bringing a $25,000 entertainment package along with the Monster track "BIGFOOT" and a F1/Indy Race car display. We will have 4 Executives from their Head office in Tennessee visiting Bakersfield for the 3 days of the event. We are doing all we can to make sure they have a pleasant stay in BakerSfield. They want to become more involved in our event in the future. All this and many local merchants are joining our event. It looks to be a great show this year. I will do my best to keep you and'your office up to date as we draw closer to the event. We have filed all papers, insurance, permit requests, street closure maps and to the best of our knowledge should be ready to go as far as all the legalities are concerned. Thank You for you and your office's past support. If there is ANYTHING that needs clarification or a question needing an answer, please don't hesitate to call. Sincerely: Art Carlock-'Chairman Highway 99 Committee P.O. Box 22344 Bakersfield, CA 93390 (661) 589-0947 home (661) 304-2580 Cell www.hwy99emise.eom acarlock(~_~bak.rr.eom B A K E R S F I E g D Economic and Community Development DepaAment MEMORANDUM · O: Alan ,andy, City Manage~~/ July 17, 2003 FROM: Donna L. Kunz, Economic Development Director SUBJECT: Response to Graham Kaye-Eddie Downtown Blight Web Page Opinion For the benefit of the City Council and any concerns their constituents might raise concerning the Downtown Cottages and the downtown "Mill Plan" as a result of Mr. Kaye- Eddie's web article, I submit the following response: Mr. Kaye-Eddie has taken great literary liberties in his blight depiction of the planned urban development we are calling "Parkview Cottages". He also refers to the City wanting to be the new downtown developer. Of course this is to be expected as this opinion article is placed on his personal web page. With regards to his concerns about the design of the project, he specifically refers to the lack of lawns, trees and open space not provided within the project development. We have taken great lengths in our selection of the developer and design of the project to assure that we will receive a quality urban housing product. For example, an enhanced landscape budget has been allowed for the project in excess of $1 million. This will be used to create green courtyards and walkways throughout the development. In addition, the residents will all be within a short walking distance to Veteran's Memorial Park, a beautiful established green urban park. A small green tot-lot and a green entryway with public art and a water feature are also being planned as a part of the development. The homes facing 21st Street were designed and positioned to provide "eyes on the park" to encourage added public park visibility and security for activities that occur in and around Veteran's Memorial Park. The homes are designed with front porches and have courtyards and walk through areas that encourage neighborhood and pedestrian interaction. The Craftsman design was selected to blend in with the charm of older neighborhoods found near our downtown. Traffic and street circulation for the project was studied and carefully laid out to provide optimum accessibility to the residents with the least impact to the traffic on 21st, 22nd and "R" streets. Within the development are private streets and no parking will be allowed on these streets, however, small parking enclaves have been included throughout the development for guest and overflow parking. Each home contains a private two car garage for owner parking. Mr. Kaye-Eddie also chides us for being opportunistic in seeking grants and financing mechanisms to accomplish projects like the cottages and others planned downtown. Redevelopment is opportunity! Public works projects, affordable housing and other redevelopment and infrastructure projects rarely touch the hearts of those involved in local or national private philanthropy and provide little economic incentive for private development. Cities are also faced with smaller operating and capital budgets due to our economic times. This area in the downtown has been neglected and blighted for many years. Any development undertaking to change the history of blight and abandonment of this area will require significant public investment and an urban pioneering development attitude to set the framework for other private investment to follow. We must also carefully balance our designs and economics. It is our challenge to find the financial resources to accomplish all this and we will continue to try to do so! Downtown offers an interesting mix of culture, amenities and other urban fabric that holds a fascination for many. Downtown development is also challenging and difficult to "master plan and design" as Mr. Kaye-Eddie suggests, because we must work around the existing infrastructure and existing development confines. Our "Mill Plan" strives to give an identity to this area, an area unlike any other in Bakersfield. The plan has the potential to provide amenities for local residents as well as being a unique attraction for those visiting our city. We hope to be able to create this identity through the development of an attractive linear park-waterway amenity to lure additional private development to this area. The maps containing the "boxes" Mr. Kaye-Eddie refers to are those we have previously shared with the City Council. The boxes on the maps depict the potential areas of private development impact that may happen in conjunction with our public works project and the creation of our two key village mixed-use development components, Park Village and Citywalk. Housing helps keep a downtown fiscally healthy! It provides the necessary rooftops with discretionary income needed for the merchants and commercial venues to stay viable in downtown. It is also important to mix housing product types and encourage a range of incomes to settle in downtown by attracting an array of residents to assure that we don't create a slum area. Both of our housing village projects provide these opportunities. In his discussion of the proposed development, Mr. Kaye-Eddie seems to misunderstand the difference in roles between city staff and elected officials. First, he refers to our seasoned, professional staff as "somewhat new." Second, he refers to this same staff as a politburo, an inference to a philosophy centered around centralized planning without regard to public input. Yet, he bemoans "politicians" who play "charrette." Politicians, those who are elected by, and represent the interests of, the public, assure that the public's interests are heard in the policy-making process. Chiding these officials for"playing 'charrette' "is a back-handed compliment, for its demonstrates that these politicians do not believe in the insular central planning of a politburo. Instead, they understand public input is integral to developing public policy. This public input came about from the 13,000 citizen participants of Vision 2020. It was their desire to keep the successes and build upon them. This idea was later followed up with a more intense design and planning "charrette" in downtown to clarify the vision. Many of these visions, from downtown housing, to creating pedestrian and recreation amenities around Central Park and the canal, sprung from public input, not from some cloistered, central planners. Had Mr. Kaye-Eddie contacted me regarding any of his concerns, I would have been pleased to tell him that the "city bureaucrats" he said needed to be collaborating -- on transportation, urban renewal, economic development, parks, public works and the canal -- are working diligently, and have been before his article appeared. Their goal is to develop the waterway and linear park plan that is the linking spine of "The Mill". These trained, skilled, public servants have the daunting task of putting together a $5 million grant proposal to the State of California for a statewide competitive grant round that will be announced in early 2004. This grant opportunity truly is a one time shot. Mr. Kaye-Eddie is keen on using metaphors to critique the concepts under development. He feels that the organizational hierarchy of the "farmer" is not conducive to urban planning, and the short-term focus of "hunters" is equally useless. Yet he provides no suggestions for what wouldwork. It appears Mr. Kaye-Eddie is guilty of the same condition he accuses City staff of: being frustrated. Of course staff is frustrated: frustrated by existing blighted conditions and a continual lack of resources that hinders our ability to make substantive, positive change in our community. The "Mill Plan" is an evolving development idea that considers the changing demographics, needs and desires of our citizens. It dives into the problems of the area and reaches in for what could be, rather than standing on the outside and complaining about what is not. aka s :.Bringing big box blights,' instant slums to Downtown'is development ? based on bad design and mind-numbing aes- ~g~l~M[iM~lf~]~,~[}ll~, . 3 is an.ongoing development called "Cottage County. lan tlaetics. Unfil there is real evidence °fc°!l~ab°~e Meanwhile, the second form o.fp - ~l~/g~www. maravu~i, com Housing Dev¢lopment." This has been placed ,ino by neWly-formeal politburo is taking on ration between our City tmrcaucrats m tn · . Pivenmpsentitled-TheMiHPmj~ct" 'on the Old Foundry site, together with the _~o , _ . .. . surfaced recently. Proudly ~auth~. _by i~..nna pr'-~nt apartn~nta alreadythe~. Here we find the futu~ of downtown urban ~nfiil planning, fields of t~a~por~on, urban r~ncwa!, ..... ns "hunters" They have been mo nomic developn~t, park, public worths ano Kuhns nad her staff, they show ttm l~rst p~cto- some inconsistencies between policy nad de- seen~ngsy· are notorious for their apparent inability to canal improvements, together with fenrleas dnlofnnemcrg~ng~etoflinesbasedonsome sign. · makc approl~nte long term plans. Mnybethis shadngofpropo~lplnnswiththestnkch°ld- ideas placed in color on an a~rial photograph Imagine ff you will a new northern neighbor to Central Park on 21st street; a row is not just bad planning so much as i~ck of ers, we nr~ nH in for a very bumpy ride in city · redcv¢lopmem. =~ of downtown. ' Our downtown iandscai~ is now of two-story houses Cheek-to-jowl presented good judgment. The h?.te.r.m, nv. es o.n_~_h..o_~ being shaped by a somewhat new 5'et se~m- to the street; a six-foot concrete block w.ail termevcnts, manyofwh~ennetnt~. ¢ .min. $~!~ ,. 2 ingly frustrated politburo'that badly wants to along the entire length of the canal face to me economic world around them, such as me a - be the downtown urban developer of record, west; a minimum 28 foot width "street"; a six- ruction of funding optionS; tho probability of After a hiccup start by City Manager Tandy foot pedestrian walkway only eight feet away receiving State and Federal grants; area social with the "City Center Project," we now have from each building face on either side in 'be- and ethnic changes; and observations brought, bet- a new theme, "The Mill Project," by the Eco- tween the building rows; a five-foot alley space from other city bureaucratic service cxperi- sex: I s but nomic Community Development Department. between a zero lot line of one solid wall facing ences. Most of our local bureaucratic ideas ~ female It focu~s on an area formed to the east and the next door neighbor. Do these represents- could be the internal dreams of past successes pit on a ge- west' side of the north south-aligned Kern tire elements conjure up the term "Cottages"? in other cities. But a Canal from Golden State highway to Califor- There is something radically wrong Both urban planning procedural paths neric nia avenue. ' with this picture. Are we regurgitating a 25- fo~ suburban expansion and downtown infill ~o admit I had This effort is akin to a chessboard year-old cookie cutter de.sign formulae for 30' are dependent on organization, wtiich is ap- ~ I said they without the black and white squares, without by 60' parcels? Ordoes the Bakersfield Urban propriate to an. agricultural culture. However, had LA tags. what color the roles, without the Knight, Rook, Pawns, Renewal Department so badly .want to add the time h~s come: We need to be reminded is the collar? know?These are Bishop, King and Queen. There are no roles downtown's missing housing component that that ~ve are living in the year 2003. We have imagina~ dogs! best to say. like I of movement by ~vhich to play the game of it will in its desperation field almost anything? greater informational access to changes and did .bath and the kids Why is careful and good u~. d~s.!~_~._pu,_q~_.nsnSns~ knowledge of successful ufoan development: let them out the door ~ :acollar. lsaidthey- This demands that we form a d!ff.e, rent. ri~e~ had been missinl Good thing they downtown redevelopment. Most noticeab.,¢ full[ being igno.~r~t,,~ ~a~ea~ .vmou~o'~r~oWl;~ got some dogs in d.I would have are the things that are left out. No thought for a or ' on-site parks . O · g y g . for planning yielding better socmny p~ann has been given to the placement of the con- park IS being proposed, diagonally across efforts. Sadly, this leadership is not forthcom- troversial High Speed Rail Station site and its new dog I saw looked impact On the proposal. This might be forgiv- "S" street to the west of Central Park, for the ing from politicians, who have apattern of only fewdays. able,since HSR is a long-term project. What "Cottage" kids' playtliings, slides and sand pit. playing "chartette.' i - - like n Scottie t ~ Look! A Scot- We cannot continually rely or oepena cannot be forgiven is the lack of depiction of Sometimes it is whisigaed in planning except'your the Centennial Parkway and the short shrift circles that Bakersfield is the Armpit of Call- on these past patterns of planning from farm- we did given to downtown major .street circulation fornia. "Farmers" in Bnkersfield's'community ing and bureaucratic experience. Nor can we tim noneof patterns for the area. And what about park- are still carrying out armp!t u~rha, n plannin.tg~ rely on the hunter, who takes on new redevel- thedogsll~ of . g ....... -- ,, ~ns/to these dogs9 The man at the rest ~id all that farmers still have their .c~.nc.e.m_s .al~...ut buildin code violation and me oenm went ~ac~ to · , o g - ":--- '~-- We detenmeramenttest~l; moztwomofaila~" m: later highest and best land uses? Well, noth- precise holdings, individual family ngn~s.....wttmn, f bli ht on staxenomers v-.~, ...... . The results coul~l t~. nomnc; -, w)~---~-,-~t~--'a~,,---s~a ,/o ~2 ..... 'n is shown at all. theirboundariesandtheirdisfincti?.sk~.'ns.,an° .shomanot ~u~r-m~s ........ -- ............. -' ~ g The proposed "Mill Project," . ...... :.. ~.,,o,,, ~o,,inn ~:~ ~.l~,~s~"~. .... ' "~ brought together with the Kern Canal theme, technology on the edges of all the em~ tn WANT TO BUY OR SELL YOUR HOME? ' B A K":E R:.S F I E L".D EcOnomic and C0mmunity Development.Department M:: E' -O.".R-A N D' U: M duly 18, 2003 TO: Alan Tandy,.City Manager ~(-~0 n'ria' FROM: L. Kunz, Economic Development Director SUBJECT: Employment Status for Sangera Buick, Inc. d.b.a. Sangera Automotive Group Agreement No. 00-14 between the City of Bakersfield and Sangera Buick, Inc. provided a $60,000 loan to the company for a term of five years. Of the $60,000 loan, Sangera Buick spent $43,957 on telephone equipment. This $43,957 loan is not a forgivable loan and will be repaid at 0% interest in 2005. However, if in any year the company fails to comply with the terms of the agreement, 20% of the loan (or $8,791.40) would reimbursed to the city. These terms include, · hiring two workers from Bakersfield during the first year, two during the second year, two during the third year, two during the fourth year, and two during the fifth year for a total of 10 new jobs for the five year term of the agreement; and 51% of those jobs will be made available to Iow and moderate-income residents of the City of Bakersfield. During the third year (2002-03), the company exceeded the terms and conditions of the agreement, by hiring 7 CDBG-qualified employees during the reporting period, which were Iow- and moderate-income individuals. Therefore, Sangera Buick, Inc. has met the terms and conditions required in the agreement for the first, second and third year and will not be required to immediately reimburse the city for 60% of the loan. Payment for the entire loan is due on January 26, 2005. With your approval, we will be sending a letter to the company acknowledging their status concerning the conditions of the loan. P:\Sangera\3rd Year forgiveable loan memo.doc B A K E R S F I E L D PUBLIC WORKS DEPARTMENT CITY OF BAKERSFIELD MEMORANDUM July 18, 2003 TO'. ALAN TANDY, CITY MANAGER FROM: RAUL M. ROJAS, PUBLIC WORKS DIRECTOR ~ SUBJECT: STOP SIGNS AND CROSSWALK AT HOMELESS CENTER Council Referral #533 COUNCILMEMBER BENHAM MADE AN EMPHATIC REQUEST THAT THE PUBLIC WORKS DEPARTMENT FIND A WAY TO FACILITATE GOLDEN EMPIRE TRANSIT DISTRICT'S REQUEST FOR A CROSSWALK AND TWO STOP SIGNS AT THE BAKERSFIELD HOMELESS CENTER. The Public Works Director and the Traffic Engineer will schedule a meeting with Chester Moland of GET, and his staff, to discuss the proposed route changes to better serve the Homeless Shelter patrons. Based on the Traffic Engineer's investigation and study of the intersections, additional stop signs are not needed at this time. The buses should experience no problems with the existing traffic conditions on East Truxtun Avenue. Public Works staff will also discuss other improvements, such as turn lanes, that could benefit bus operations along this new route. In addition, the Traffic Engineer recommends that the crosswalk at Williams Street, adjacent to the Shelter, be marked and all the appropriate warning signs be installed at this location to improve the pedestrian access to a bus stop. In addition, the Traffic Engineer proposes investigating the possible use of a new, experimental, crossing protection being used by other communities at some crosswalks. The device is called a Lighted Crosswalk and provides embedded lights in the crosswalk to warn motorists that a pedestrian is crossing. Back~round: Earlier this year, Golden Empire Transit (GET) was asked to consider providing more convenient bus service to the patrons of the Homeless Shelter on East Truxtun Avenue at Williams Street. Currently, there are no bus stops along East. Truxtun in the area G:\GROUPDAT~IeferraI$%~:)03~CC Mtg 07-09~33 - Traffic.doc - Page 1 of 3 Pages - adjacent to the Shelter. The closest bus stop is on East California Avenue near Williams Street. The East California stop is about 4 blocks south of the Shelter, a little more than one-quarter mile away. Chester Moland, Chief Executive Officer of GET, responded to the request for service. Mr. Moland asked that the intersection of East Truxtun at Washington Street have stop signs installed to stop East Truxtun Avenue traffic. This would make it easier for his buses to make left turns from Washington Street. Mr. Moland also requested stop signs at Williams Street, along with a marked crosswalk to be painted across East Truxtun Avenue. Williams Street is only about 700 feet, or two blocks, west of Washington Street. The stop signs at Williams Street were intended to supplement the crosswalk and not to help the GET bus operations. The bus would not turn at Williams street, but continue on west to the intersection of Brown Street at East Truxtun to make the left turn back to East California where it would rejoin the current bus route. Mr. Moland did not request stop signs at Brown Street. Review: Traffic Engineering staff of the Public Works Department performed standard stop sign warrant studies for the two intersections where GET had requested new signs to stop East Truxtun traffic. The traffic control warrants are indicators used by traffic engineers in California, and all of the United States, to determine if stop signs are needed to. control the traffic at an intersection. Factors considered in the warrants for new stop signs are: 1 - The average volume of traffic on the main street (such as East Truxtun) and the minor side street (such as Williams or Washington Streets) for eight hours; 2 - The amount of delay a driver may have while waiting for traffic to clear so they may cross the street during the same eight hours of the day, and; 3 - The number of accidents that have occurred at the intersection in a twelve month period. At the intersection of East Truxtun and Washington and at the intersection of East Truxtun and Williams, the side street traffic volumes are very Iow. The threshold volume to meet the stop sign warrant is an average of 140 vehicles per hour for eight hours. The Washington Street intersection has only an average of 78 vehicles per hour. At the Williams Street intersection, across from the Shelter, the volume is even less with only 39 vehicles per hour for an eight hour period. Pedestrians can also be considered in the volume counts. The Traffic Engineer observed only about 20 pedestrians crossing during the morning peak, still far from meeting the threshold level of 140 vehicles/pedestrians per hour. There were not enough vehicles using the intersection to sample the driver delay experienced for the second warrant condition. The Traffic Engineer estimated the typical wait for a driver to be 10 to 15 seconds. G:\GROUPDAT~Referrals%~003~CC Mtg 07-09~533 - Traffic. doc - Page 2 of 3 Pages - Traffic accidents were reviewed for the third warrant. The accident history at both intersections is excellent, with the Police Department reporting no accidents at either intersection for the twelve month study period required in the traffic warrant study. If five or more accidents have occurred in the twelve study period, the warrant is met and stop signs should be considered. Since no accidents were reported, stop signs are not needed for intersection control at these intersections. Recommendations: Based on the Traffic Engineer's study of the intersections and how they operate, Golden Empire Transit should be able to change their bus route to accommodate the Shelter passengers with few or no problems under existing traffic conditions. Unwarranted traffic stop signs are not recommended. Placement of unwarranted and unneeded signs can be detrimental to traffic flow and will increase the potential risk of liability exposure to the City if other, unwarranted locations, do not also receive stop signs and controls. Adhering to established State and Federal guidelines and procedures for installation of only warranted traffic controls reduces the City's risk of liability exposure. The remaining request by Mr. Moland is to mark the crosswalk at the intersection of East Truxtun and Williams Street. This request has merit and would be beneficial to guide the pedestrians to the best place to cross the street if a bus stop is implemented by GET. The Traffic Engineer recommends that the crosswalk be marked and all the appropriate warning signs be installed at this location. In addition, the Traffic Engineer proposes investigating the possible use of a new, experimental, crossing protection being used by other communities at crosswalks; The device is called a Lighted Crosswalk and is available from vendors in California for between about $40,000 and $50,000 installed and connected to electrical service. A Lighted Crosswalk device would be less disruptive to traffic and still provide improved crossing protection for the pedestrians. Since the devices are still considered experimental in California, special authorization from the Caltrans Traffic Control Devices Committee is required. This could be added to the Capital Improvement Program project list for the next available budget year. The Public Works Director and the Traffic Engineer will meet with Chester Moland of GET, and his staff, to discuss these and other improvements that may be possible on East Truxtun Avenue. Such improvements to be considered could include modification of the lane striping on East Truxtun Avenue to facilitate the GET bus turn movements, making it easier for the bus to store in a continuous left turn lane/merge lane. This may help reduce the concerns of GET for their left turn needs at Washington Street. G:\GROUPDAT~Referrals~003~CC Mtg 07-09~533 - Traffic. doc - Page 3 of 3 Pages - Empire Transit Oletrlct -- ~, *, Ms. Sue Benham · Councilmember, Ward 2 City of Bakersfield 1501. Truxtun Avenue Bakersfield, CA 93301 Dear Ms. B~'~~ The Golden Empire Transit District (GET) has investigated several options to provide more convenient service to the Bakersfield Homeless Center. On January 23, 2003, I sent a letter requesting a crosswalk and two stop signs at designated locations on East Truxtun Avenue to enable GET to safely provide more convenient service to the Bakersfield Homeless Center. The requested improvements would also eliminate hazards faCed by Homeless Center residents as they attempt to cross East Truxtun Avenue. On June 25, 2003, City staff notified me that "neither intersection met Caltrans warrants for a chang.e in traffic ' control at this time." The Golden Empire Transit District remains committed to providing safe and convenient service to the Homeless Center. For this reason, I respectfully request that the citY reconsider GET's request-to install a crosswalk and stop signs as shown in the attached diagram. Mayor Hall's January 15, 2003 letter identifies the obstacles faced by GET riders to and from the Homeless Center who are ,. required to cross a four-lane highway with a current speed limit of 45 mph with no crosswalks or stop signs to make this crossing less hazardous. I look forward to working with you to quickly resolve this matter. Sincerely, Chester C. Moland 'Chief Executive Officer ~ cc: GET Board of Directors '~_~/,~, Honorable Mayor and Members of the Bakersfield City Council Louis Gill, Bakersfield Homeless Center ~/~ ...__. Alan Tandy, City of Bakersfield Ron Brummett, KernCOG enclosure Homeless Stop Signs NeededN ~ Center // E, Truxtun ~ E. California '~ E. California Stop Signs & Crosswalk Needed JUL 15 "'" B A K E RS F I E L ............ Economic and Community Development Department MEMORANDUM July 11,2003 FROM: Donna L. Kunz, Economic Development Director SUBJECT: Employment Status for Sangera Buick, Inc. d.b.a. Sangera Automotive Group Agreement No. 00-14 between the City of Bakersfield and Sangera Buick, Inc. provided a $60,000 loan to the company for a term of five years. Of the $60,000 loan, Sangera Buick spent $43,957 on telephone equipment. This $43,957 loan is not a forgivable loan and will be repaid at 0% interest in 2005. However, if in any year the company fails to comply with the terms of the agreement, 20% of the loan (or $8,791.40) would reimbursed to the city. These terms include, · hiring two workers from Bakersfield during the first year, two during the second year, two during the third year, two during the fourth year, and two during the fifth year for a total of 10 new jobs for the five year term of the agreement; and 51% of those jobs will be made available to Iow and moderate-income residents of the City of Bakersfield. During the third year (2002-03), the company exceeded the terms and conditions of the agreement, by hiring 7 CDBG-qualified employees during the reporting period, which were Iow- and moderate-income individuals. Therefore, Sangera Buick, Inc. has met the terms and conditions required in the agreement for the first, second and third year and will not be required to immediately reimburse the city for 60% of the loan. Payment for the entire loan is due on January 26, 2005. With your approval, we will be sending a letter to the company acknowledging their status concerning the conditions of the loan. P:\Sangera\3rd Year forgiveable loan memo.doc B A K E R S F I E L D I MEMORANDUM July 14, 2003 TO: H onorable~y~.r~al,~l and Members of the City Council FROM: Florn Core, Water Resources Director SUBJECT: Northeast Bakersfield Treatment Plant The Northeast Bakersfield Water Supply Project has been completed and the treatment plant is in its final operational testing phases. The plant will be running full-time soon. A ribbon cutting and tour was held at the treatment plant facility on June 20, 2003. Mayor ceremony Ha~ey Hall and Councilmember Mike Maggard attended and spoke before the gathering. Gene Bogart, Water Resources Manager and Peter Nelson, CEO of California Water Service Co. cut the ribbon, signifying the completion of the project. A tour of the treatment together followed the ceremonies. The following pages contain photographic highlights of the ceremony and tour. Water Resources staff prepared periodic updates on the project over the last two years. Councilmember Couch requested that staff compile the updates and distribute the packet to the Mayor, City Council and interested parties. The packet a copy a program also includes of presentation on the project that was presented before a local service club. ! ! NORTHEAST BAKERSFIELD WATER TREATMENT PLANT I RIBBON-CUTTING CEREMONY & TOUR JUNE 20, 2003 ! ! Gathering at Treatment Plant Mayor Harvey Hall, Cai Water CEO Pete Nelson & Councilmember Mike Maggard , ,, ;~;?~E~'~,~,~i!;, Mayor Harvey U Hall Ward #3 Councilmember Mike Maggard Cai Water Bakersfield Manager Tim Treloar & City Water Resources Manager Gene Bogart & City Water Resources Manager Gene Bogart Cai Water CEO Pete Nelson cut the ribbon ,! ! NORTHEAST BAKERSFIELD WATER TREATMENT PLANT RIBBON-CUTTING CEREMONY & TOUR JUNE 20, 2003 (Continued) Guests tour the state-of-the-art water treatment facility outside and inside Guests enjoying the festivities Former Mayor Bob Price, City Water Board Chairman Mark Salvaggio & Mayor Harvey L. Hall I I ~ ~"*~ '~¢~ (on ~vhite paper due to photographs) ~~ August 9, 2001 I TO: Gene Bogart, Water Resources Manager I FROM: Florn Core, Water Resources Director SUBJECT: Northeast Water Supply Project - Next Phase I The next phase of construction on the Northeast Water Supply Project is underway. This project is to bring high i quality Kern River drinking water to the citizens of northeast and central Bakersfield. The project began with the City constructing a Kern River turn-out structure, located near the California Living Museum. The entire project, a public-private cooperation between California Water Service Co. and the City, will include a river pumping i station, ponds and reservoirs, the purification/treatment plant facility and pipelines to and from the plant. Installation of the raw water intake pipeline from the river to the treatment plant site began on August 1,2001 with the initial delivery of 200 feet of 54" diameter high pressure pipe. The length of this installed raw water pipe will I over 8,000 phase is the concurrent installation of 6,000 feet of 18" diameter be feet. Also included with this finished water pipe. Installation began near California Water Service's treatment plant site, located 1½ mile north of Mesa Main Raceway and 1/4 mile east of the new Morning Drive Bike Path alignment. I The next constructed portion of the project are the riverside reservoirs and the river pump station, with construction planned to start in the next three months for both. I Approximately 120' of 54" diameter intake water pipe Two joints of 54" diameter pipe on I for Northeast Water Project. Pipe material is concrete trailer ready for unloading. coated, mortar lined steel cylinder pipe. 18" diameter finished water pipe. This represents I I about 1/8th of pipe to be installed. Pipe material :· is PVC American Water Works standard pressure. I MEMORANDUM ~'/~;~ .~ ~w~g (~ite paper due to photographs) :~~ Janua~ 30, 2002 TO: Gene Bogart, Water Resources Manager FROM: 'Flora Core, Water Resources Director S~JECT: Northeast Bakersfield Water Supply Project - Const~ction Progress The Northeast Bakersfield Water Supply Project is to bring high quality Kern River drinking water to the citizens of northeast and central Bakersfield, as well as provide the catalyst for orderly development of the dry foothills on the eastside. The project began with the City constructing a Kern River mm-out structure, located below the California Living Museum. The entire project, a public-private cooperation between California Water Service Co. and the City, will include a river pumping station, two adjoining reservoirs, the purification/filtration plant and distribution pipelines to and from the purification plant. The Cal Water portion of the pumping plant and the City reservoirs are under construction at this time. '!~ - -~ ' ----.- "5 ' '" ...... :~" .... .~..: . Construction of the two reservoirs began in earnest on December 15, 2001. This construction is being funded ii.i.: through City Water Resources. Over 80,000 cubic yards of compacted earth and rock embankment will be excavated, placed to create two storage sorted and reservoirs with capacity of 50 acre-feet each. As of January 28, 2002, the reservoirs are over 80% complete. The contractor expects to be finished by February 15, 2002. Compacted embankment for east reservoir. Fine grade materials being placed on inside slopes as smooth support of future liner. The pumping plant construction is under way also. This started in November 2001 with California Water Service as lead on the contract. City portion of the pump station will be less than 20% of the cost. This phase of the pump station is to have 3,000 horsepower of electric pumping capacity to pull water from the river and lift the 250 vertical feet water over to the filtration plant. Smaller pumps will be ins'tailed near ~~ the end of the construction for City pumping capacity to maintain water levels in the adjacent reservoirs as a stand-by supply for the filtration plant, and for water Pumping plant intake well 'floor being formed with steel flOWS to Hart Park and the Kern Soccer Park. The plant reinforcement bars. Note river intake pipe size to steelworkers. is scheduled to be completed in September 2002, with a testing period to follow. The contractor is currently on schedule at 10% of the plant complete. I MEMORANDUM TO: Gene Bogart, Water Resources Manager FROM: Florn Core, Water Resources Director SUBJECT: Northeast Bakersfield Water Supply Project - Construction Progress The Northeast Bakersfield Water Supply Project is to bring high quality Kern River drinking water to the citizens of northeast and central Bakersfield, as well as provide the catalyst for orderly development of the dry foothills on the eastside. The project began with the City constructing a Kern River turn-out structure, located below the California Living Museum. The entire project, a public-private cooperation between California Water Service Co. and the City, will include a river pumping station, two adjoining reservoirs, the purification/filtration plant and distribution pipelines to and from the purification plant. The Cal Water/City Kern River pumping plant, the City reservoirs, the Cal Water Treatment Plant and the Cal Water pipelines are under construction at this time. Construction of the two reservoirs ~> :~ ,z-~ began in earnest on December 15, 2001. This construction is funded through City Water Resources. Over 80,000 cubic yards of compacted earth and rock embankment were excavated, sorted and placed to create two reservoirs with storage capacity of Completed earth~vork phase of reservoirs. 50 acre-feet each. The next phase CALM is to the right and the Kern Soccer Park to the left. of the reservoirs construction.is the placement of 520,000 square feet of geomembrane liner to seal the reservoirs from leakage. The liner is expected to be in by this November. The Kern River Pumping Plant i s approximately 50%.~i,;~;~;~::.::~'~':~:~:s' .~ the ontrac , potion of the plant is less than 20% of the cost. This ~ phase of the pump plant is to have 3,000 horsepower <, of electric pumping capacity to pull water from the river and lift the water over 250 vertical feet to the filtration plant. Smaller pumps will be installed near the end of the construction for City pumping capacity to maintain water levels in the adjacent reservoirs as a stand-by supply for the filtration plant, and for water flows to Hart Park and the Kern Soccer Park.' The plant is scheduled to be completed i'n October 2002, with a testing period to follow. Kern River Intake Pumping Plant located west of CALM. The directly underground piping has been installed. Next segment is constructing block house and installing pumps and motors Page - 2 - Northeast Bakersfield Water Supply Project The Cal Water Bakersfield Treatment Plant is approximately 20% complete. This $30 million component Northeast Bakersfield Water Supply of the Project is the centerpiece of the system to which the other parts of the project will connect. The plant is. located approximately 11/2 miles north of Mesa Marin Raceway, just west of Valley Lane. The state-of-the-art microfiltration~process being employed at the_plant is one Bakersfield Treatment Plant "Finished Water" Storage Tank .~ .'~ ~'- .?'~" '~:/'":' :~':"'~' ~.-.',E~ ' ""~ "*,~".'-,.'~. ~' ~': ~ ~ 4'~, ~' ' ' ~ ~ '' ~ Plant earthwork and underground piping phase Treatment of the highest levels of treatment available. The initial 20 per Day (MGD) of purified Kern River Million Gallons Rendering of Treatment Plant Buildings driving water will flow from the plant to CiW residents begi~ing in May 2003, after a start-up and shake down period in April 2003. The plant is easily expandable and cu~ent plans call for increase to 40 MGD by the year 2012 and 60 MGD by 2017. Cal Water has sta~ed the installation of 34,500 feet of distribution water pipelines, that range in size from 12" to 54" in diameter. The pipes will be installed along routes that will distribute purified water from the treatment plant to the existing Cal Water se~ice areas. The major transmission pipes will be placed in and along Alfred Ha~ell Highway, Paladino Drive, Morning Drive, Panorama Drive, Fairhx Road and Auburn Avenue over the next nine months, h addition, 4,500 feet of sanita~ sewer pipe is going in to se~ice the treatment plant into the Ci~'s wastewater system. I I I 18" diameter pipeline being installed along Alfred harrell Highway I MEMORANDUM (White paper due to photographs) September 5, 2002 TO: Gene Bogart, Water Resources Manager FROM: Florn Core, Water Resources Director SUBJECT: Northeast Bakersfield Water Supply Project - Construction Progress The Northeast Bakersfield Water Supply Project is to bring high quality Kern River drinking Water to the citizens of northeast and central Bakersfield, as well as provide the catalyst for orderly development of the dry foothills on the eastside. The project began with the City constructing a Kern River turn-out structure, located below the California Living Museum. The entire project, a public-private cooperation between California Water Service Co. and the City, will include a river pumping station, two adjoining reservoirs, the purification/filtration plant and distribution pipelines to and from the purification plant. The Cal Water/City Kern River pumping plant, the City reservoirs, the Cal Water Treatment Plant and the Cal Water pipelines are under construction at this time. .... ' ~,-:~--t~: .... ~..: .. ': ~ ? ~: .... The Kern River Pumping Plant, located just east of Kef River Pumping plant. Kern River turn-out i located behind the plant near the tree line . .. ~., f',o, ,.;;, ,~: ,_ ;. ,~ ,. ? ,-. -~o;:: 4~-: Pacific Gas & Electric power substation (under construction) the PG&E substation (currently being constructed) until it reaches the Cal Water purification/filtration plant. The pumping and treatment plant facilities will be served through this PG&E substation. A liner installation blanketing the bottom and sides of the two raw water reservoirs is scheduled has phase two of the reservoir construction.The liner will East reservoir w/th pumping plant construction in background be a geomembrane or flexible polypropylene seal to prevent leakage. A pre-bid project tour conference was conducted on September 4, 2002, for all prospective bidders. The bid opening is scheduled for September 17, 2002. Council award is expected on October 2, 2002. Installation of the liner should be completed by January 2003. Page - 2 - Northeast Bakersfield Water Supply Project The California Water Service Co. Bakersfield Treatment Plant is approximately 40% complete. The plant is located approximately 11/2 miles north of Mesa Marin Raceway, just west of Valley Lane. Construction is on schedule for an April 2003, initial start-up demonstration of the plant and distribution ' , system. This will analyze the facilities for any adjustments prior to officially se~ing CiW residents in May 2003. '~, ;~: ~ : Three Million Gallon Clear Water Storage Tank ~. ; ,.: .. ~ · *, , · . ' ~., ~, :.,: . ':. ~. :..~:-~ ,,...,~..:~: Cal Water is cu~ently installing almost 7 miles of transmission and distribution water that DD ~'~:"~'"'"~" ~'~:' ~ ...... ": ' ;~'-';~' ' range in size from 18" to in diameter. That ),. ': / portion of pipeline along Alfred Ha~ell Highway has ~ ~ :' ' been completed. The major transmission lines along Paladino Drive are in the ~ound and being buried. ~r~,~ ........ -~-' ~,~.:*-,~ ~ ~ ~ Installation of pipeline will continue along Morning ~~ Drive, Panorama Drive, Fairfax Road and Auburn [~;~--*.,x~. ..... ,. ',-,:~ ,.~ ~ ~~ Street over the next three to four months. Minor traffic lane disruptions are expected on these streets Gal Water Treatment Plant buildings during this installation period. 42" pipeline along Paladino Drive I Backfilling trench along Paladino Drive MEMORANDUM i (White paper due to photographs) I Octol~er 17, 2002 TO: Gene Bogart, Water Resources Manager I FROM: Florn Core, Water Resources Director , · SUBJECT: Northeast Bakersfield Water Supply Project - Construction Progress Supply Project is to bring high quality Kern River drinking The Northeast Bakersfield Water water to the citizens of northeast and central Bakersfield, as well as provide the catalyst for orderly development of the dry foothills on the eastside. The project began with the City constructing a Kern River turn-out structUre, located below the California Living Museum. The entire project, a public-private 'cooperation between California Water Service Co. and the City, will include a river pumping station, two adjoining reservoirs, the purification/filtration plant and distribution pipelines to and from the purification plant. The Cai Water/City Kern River pumping plant, the City reservoirs, the Cai Water Treatment Plant and the Cai Water pipelines are under construction at this time. The Kern River Pumping Plant, located just east of the reservoirs, is now over 90% complete. A 54" raw water pipeline already installed extends from the pumping plant, crosses Alfred Harrell Highway and follows the bike path southerly until turning east at the PG&E substation (pictured below) until it reaches the Cai Water purification/filtration plant. The pumping and treatment plant facilities will be served through this PG&E substation. Kern River Pumping plant A liner installation blanketing the bottom and sides of the two raw water reservoirs is scheduled has phase two of the reservoir Pacific Gas & Electric power substation construction. The liner will be a geomembrane or flexible polypropylene seal to prevent leakage. City Council has awarded the liner construction at the October 16, 2002 City Council Two reservoirs with pumping plant construction at right meeting. Installation should begin within three weeks and completed by January 2003. Page - 2 - Northe.~st Bakersfield Water Supply Project The California Water Service Co. Bakersfield Treatment Plant is approximately 50% complete. The plant is located approximately 1~/2 miles north of Mesa Marin Raceway, just west of Valley Lane. Installation of the state-of-the-art micro filtration system, using membrane technology, should begin in January 2003. All underground piping is complete. Construction is on schedule for an April 2003, initial start-up and demonstration of the plant and distribution system. This will analyze the facilities for any adjustments prior to officially serving City residents in May 2003. Cal Water is currently installing almost 7 miles of transmission and distribution water pipelines that range in size from 18" to 54" in diameter. That portion of pipeline along Alfred Harrell Highway and the major transmission lines along Paladino Drive have been completed. Ductile iron pipe along Panorama Drive Installation of pipeline will continue along Morning Drive, Panorama Drive, Fairfax Road and Auburn Street over the next three months. Minor traffic lane disruptions are expected on these streets during this installation period. Digging, crushing material and backfilling trench along Panorama Drive B A K E R S F I E L D MEMORANDUM (White paper due to photographs) January 16, 2003 TO: Gene Bogart, Water Resources Manager FROM: Florn Core, Water Resources Director SUBJECT: Northeast Bakersfield Water Supply Project - Construction Progress The Northeast Bakersfield Water Supply Proiect is to bring high quality Kern River drinking water to the citizens of northeast and central Bakersfield, as well as provide the catalyst for orderly development of the dry foothills on the eastside. The project began with the City constructing a Kern River turn-out structure, located below the California Living Museum. The entire project, a public-private cooperation between California Water Service Co. and the City, will include a river pumping station, two adjoining reservoirs, the purification/filtration plant and distribution pipelines to and from the purification plant. The Cai Water/City Kern River pumping plant, the City reservoirs, the Cai Water Treatment Plant and the Cai Water pipelines are under construction at this time. The Kern River Pumping Plant, located just east of the reservoirs, is now over 95% complete. A ~' '~' ~ 54" raw water pipeline already installed extends from the pumping plant, crosses Alfred Harrell Highway and follows the bike ~path southerly until turning east at the PG&E substation (recently completed and pictured below) until it reaches the Cai Water purification/filtration plant. The pumping and treatment plant Kern River Pumping plant with raw water reservoirs in background facilities will be served through this PG&E substation. Phase two of the reservoir construction, the liner installation blanketing the bottom and sides of the two raw water reservoirs is 50% complete. The liner is a geomembrane (flexible polypropylene) seal to prevent leakage. The liner has been installed in reservoir 1 and reservoir 2 should be completed by the end of Pacific Gas & Electric power substation the month. Page - 2 - Northeast Bakersfield Water Supply Project The California Water Service Co. Bakersfield Treatment Plant is approximately 75% complete. Construction of the major buildings have been completed. Laboratory equipment and electrical monitoring controls are now being installed. A state-of-the-art micro filtration system, using membrane technology is almost complete. The piping and hardware have been completed and the membranes will be installed just prior to start-up. All tmderground piping is Liner installation in reservoir # 1 complete. Construction is on schedule for an April 2003, initial start-up and demonstration of the plant and distribution system. This will analyze the facilities for any adjustments prior to officially serving City residents in May 2003. Treatment Plant building Cai Water is currently installing almost 7 miles of transmission and distribution water pipelines that range in size from 18" to 54" in diameter. That portion of pipeline along Alfred Harrell Highway and the major transmission lines along Paladino and Morning Drive have been completed. Pipeline installation along Panorama Cai Water Treatment Plant, Drive to the Panorama tanks near Columbus is office and Laboratory scheduled to be completed by mid-February. Pipeline along Fairfax Road and Auburn Street should be finished in April 2003. Minor traffic lane disruptions are expected on these streets during this installation period. I Electronic controls and automatic chemical dispensers I Pipeline construction ! B A K E R S F I E L D MEMORANDUM (White paper due to photographs) March 14, 2003 TO: Gene Bogart, Water Resources Manager FROM: Flora Core, Water Resources Director SUBJECT: Northeast Bakersfield Water Supply Project - Construction Progress The Northeast Bakersfield Water Supply Proiect is to bring high quality Kern River drinking water to the citizens of northeast and central Bakersfield, as well as provide the catalyst for orderly development of the dry foothills on the eastside. The project began with the City constructing a Kern River turn-out structure, located below the California Living Museum.' The entire project, a public-private cooperation between California Water Service Co. and the City, includes a river pumping station, two adjoining reservoirs, the purification/filtration plant and distribution pipelines to and from the purification plant. The Cai Water/City Kern River pumping plant and the City reservoirs have been completed, the Cai Water Treatment Plant and Cai Water pipelines should be finished in April, 2003. The Kem River Pumping Plant, located just east of the reservoirs will move Kern River water through the 54" raw water pipeline that extends from the pumping plant, crosses Alfred Harrell Highway, follows the bike path southerly until turning east at the PG&E substation and continuing on until it reaches the Cai Water purification/filtration plant. Vertical turbine pumps located inside Pump Plant Kern River Pumping plant Phase two of the reservoir construction, the liner installation blanketing the bottom and sides of the two raw water reservoirs is ...... Liner finished. The liner is a geomembrane (flexible . polypropylene) seal to prevent leakage. Kern River ~-. ..~ ' East Reservoir Kern River Pump Plant located back upper left Page - 2 - Northeast Bakersfield Water Supply Project The California Water Service Co. Bakersfield Treatment Plant is 95% complete. Construction of the major buildings have been A state-of-the-art micro filtration completed. system, using membrane technology is on site and will be installed this month. All underground piping complete, plant is The will undergo an initial start-up and demonstration in April 2003. This will analyze any adjustments prior to the facilities for officially serving City residents in May 2003. ~',~.:,. Cal Water is currently completing the Adiusting the~flow through the sluice gate installation of almost 7 miles of transmission and distribution water pipelines that range in size from 18" to 54" in diameter. That portion of Typical siuicegate pipeline .along Alfred Harrell (left) Highway and the major transmission The sluice gates control the water communication lines along Paladino, Morning and between each of the Panorama Drive have been reservoirs and the completed. The last of the pipeline is reservoirs and the river being installed along Auburn with the connection to the water tanks at Fairfax and Auburn and the connections from the pipeline to the Panorama tanks near Columbus scheduled to be completed in two weeks. Minor traffic lane disruptions are expected on these streets during this installation period. Interior office Cal Water Treatment Plant Pipeline construction Preparing trench for pipeline amid other existing utility pipelines I I I ,I I I I I I I I I I I I I I I I ~ I $ 0.5 Million I Kern River Pure , ~ ~_,~.~,~ Raw Water Storage Reservoirs 1 54" Raw Water Intake Pipeline 54" Raw Water pipeline under future bike~'iS~th ..... $ 3.0 Million ~--'~'~ I I I I I PG&E Sub-Station I I I Bakersfield Treatment Plant 3 Distributioh Pipelines 7.8 Million I Project Benefits · Initial flow rates will be 20 MGD. Can go easily to 40 I MGD in 2012, then 60 MGD in 2017. (1 MGD = water needs for 1000 families/year.) · Project water will be used in existing and new areas in Northeast Bakersfield I · Decreased groundwater pumping will raise water levels in wells, increase drought reserves and reduce pumping lifts · Immediately after new plant goes on-line, water from existing I KCWA treatment plant will be diverted to central and southern parts of the City to replace groundwater · Water from new plant will also replace existing KCWA water to allow re-direct to northwest Bakersfield I Northeast Bakersfield Water Supply Project Costs Northeast Bakersfield Water Supply Project · $ 55 Million · Cal Water requested rate increases through the CPUC of about 6% per year over the next 4 years. Equates to $1.50/month · increase each year for average residential customer · Connection fee orS 1,350 per lot to developer, refundable under CPUC roles Regarded as the most cost-effective meeting new stringent water increasing reliability water supply for the needs Bakersfield community, 4 MEMORANDUM CITY A'i'rORNEY'$ OFFICE . July 14, 2003 TO: HONORABLE MAYOR AND CITY COUNCIL THILTGEN, City Attorney ~ FROM: BART J. SUBJECT: PROPOSITION 218 AFFECTING ASSESSMENT DISTRICTS COUNCIL REFERRAL NO. Ref000543 Councilmember Couch requested the City Attorney review Proposition 218 and provide a report addressing how it impacts the Assessment Districts, potential remedies and avenues for public outreach. During the City Council meeting of July 9, 2003, Vice Mayor David Couch inquired about the impact of Proposition 218 on the potential to increase assessments associated with maintenance districts, and what avenues were available to conduct a public campaign to encourage adoption of an increase in assessments. For background information, Proposition 218, in pertinent part embodied in Article 13D of the California Constitution, requires "Beginning July 1,1997, all existing, new, or increased assessments shall comply with this article." (Art. XIII D, {}5) Exemptions from this provision include, among others, those assessments imposed exclusively for capital costs or maintenance and operation expenses for sidewalks, streets, sewers, water, flood control, drainage systems or vector control (Art. XIII D, {}5(a)), and assessments imposed pursuant to a petition signed by the persons owning all of the parcels subject to the assessment at the time the assessment is initially imposed (Art. XIII D, {}5(b)). Both of these exemptions provide, however, "Subsequent increases in such assessments shall be subject to the procedures and approval process set forth in Section 4." Article XIII D, {}4 requires the following: All assessments shall be based upon the special benefit to the parcel upon which the assessment is imposed. All assessments shall be proportionate to the parcel being assessed. · No assessment shall be imposed which exceeds the reasonable cost of the proportionate special benefit conferred. · Only special benefits are assessable, and an agency shall separate the general benefits from the special benefits conferred (the general benefits are to be paid by the public agency). HONORABLE MAYOR AND CITY COUNCIL July 14, 2003 Page 2 · All assessments shall be supported by a detailed engineer's report prepared by a registered professional. · The record owner of the parcel shall be given written notice by mail of the proposed assessment, the total amount chargeable to the entire district, the amount chargeable to the owner's particular parcel, the duration of the payments, the reason for the assessment and the basis upon which the amount of the proposed assessment was calculated, together with the date, time and location of a public hearing on the proposed assessment (each notice must also include a complete summary of the procedures applicable to the completion, return, and tabulation of ballots, including a disclosure that a majority protest will result in the assessment not being imposed). · Each notice mailed to owners of identified parcels shall contain a ballot containing specified information. · The agency shall conduct a public hearing not less than 45 days after mailing the notice, and, at the end of the public hearing the public agency shall tabulate the ballots. If a majority protest exists, the agency shall not impose the assessment. The ballots shall be weighted according to the proportional financial obligation of the affected property. · Because only special benefits are assessable, only property owners have the right to vote on the assessment. Due to the ambiguous wording of the initiative, there was an initial interpretation that any increase in an assessment required a voter approval on the entire assessment, and disapproval by the voters would eliminate the entire assessment. Subsequently, the vast majority of municipal attorneys have now adopted the interpretation that the voters could vote solely upon the increase, and if that did not obtain voter approval, only the increase was denied. Necessarily, any ballot measure must contain a disclosure that the vote is only on the increase, and not on the underlying assessment, which will continue to exist if a majority protest exists. This interpretation is based upon the wording of Article XIII D, §§5(a) and (b) where it discusses subsequent increases shall be subject to voter approval (it does not say the entire assessment shall again be subject to voter approval if there is a proposed increase). It should be noted that no litigation has occurred as a result of implementing this revised interpretation, and some public entities have proposed and implemented such increases in accordance with this interpretation. Beyond this basic constitutional background, in 1997 the Proposition 218 Omnibus Implementation Act (Government Code §§53750, et seq.) was adopted in an effort to clarify some of the ambiguities of the constitutional language. This Act provided, in pertinent part, "If there is a majority protest against the imposition of a new assessment, or the extension of an existing assessment, or an increase in an existing assessment, the agency shall not impose, extend, or increase the assessment." (Government Code §53753(e)(3)) This language again supports the revised interpretation that only the increase is being considered by the voters, not the entire assessment. Therefore, in order to propose an increase to current assessments for landscape maintenance districts, an assessment engineer's report must be prepared identifying the actual costs of performing the maintenance operations, the proportionate amount of general HONORABLE MAYOR AND CITY COUNCIL July 14, 2003 Page 3 and special benefits associated with the operations, and the amount attributable to each parcel. Practically, the special benefit assessments can be categorized by type of improvement to the parcel (residential, commercial, etc.), the proximity of the parcel to the public improvement, zones of benefit, and other individualized criteria which are reasonable. Then, the procedures listed above would need to be followed. In addition to the above, Government Code § 53750 provides, by implication, that a methodology for increasing future assessments or rates to account for inflation, if approved by the voters, is legitimate, and the subsequent increases based upon the approved methodology would not have to be resubmitted to the voters for approval. Necessarily, such a formula would have to be established by the assessment engineer, the annual increases would have to conform to that methodology, and the annual increases could not exceed the actual increase in costs resulting from inflationary forces. Any change to the formula in future years, if such change resulted in an increase in assessment, would then have to be resubmitted to the voters. With respect to the prospect of initiating a public campaign to promote the proposal to increase the assessments, a legal problem arises. The public entity may expend public funds to provide information, hold information dispensing forums, and its elected official may submit ballot arguments. However, the public entity is prohibited, by law, from expending funds to advocate for or against any given proposition. Normally, a citizens' organization is formed to advocate on behalf of or in opposition to a specific ballot measure. The public entity may provide information to this type of organization, but may not do indirectly what it is prohibited from doing directly. Thus, any information provided would be the same type and amount as would be provided to any organization or the public generally. This prohibition against use of public funds, however, does not preclude individual elected officials from stating their position, advocating on their own behalf, or even meeting with citizens. So long as public funds are not expended, public officials may strongly advocate a position concerning a proposal. To what extent such public officials may utilize staff in a public meeting (thus expending public funds) depends upon the actual function being performed by the staff. If the staff is present solely to provide information to the citizens, and are limited to this function, arguably, this would comply with the law. However, there is always the potential such a situation could give rise to litigation asserting that the staff's function of providing information was merely a pretext for advocating a position, in violation of law. This is a grey area which is fact-dependent, including whether opposition to the position being advocated was allowed equal time to present its position at the public forum. Therefore, any such advocacy should be reviewed for content, procedures, whether it is truly an open public forum, and any other factors which might bear on the legal question. BJT:dll Alan Tandy, City Manager Pamela McCarthy, City Clerk Debbie Lund, Acting Administrative Asst. S:\COUNClL\Referrals~Prop 218 Impact on Assessment Increases.doc CITY OF BAKERSFIELD MEMORANDUM July 14, 2003 TO: ALAN TANDY, CITY MANAGER M. ROJAS, PUBLIC WORKS DIRECTOR FROM: RAUL SUBJECT: DOUBLE LEFT TURN LANE AT GRANITE FALLS Council Referral #537 Councilmember Couch requested staff examine installation of a double left turn lane at Granite Falls, eastbound at Coffee Road. Public Works Traffic Engineering staff will perform a study, collecting turning movement counts and modeling the corridor traffic signal operations. If the analysis confirms that a dual left turn, east to north, is feasible, a capital improvement project will be proposed to convert the intersection operation. A recommendation should be available in a few weeks. G:\GROUPDAT\Referrals~2003\CC Mtg 07-09\537 - Traffic.doc CITY OF BAKERSFIELD MEMORANDUM July 11, 2003 TO: ALAN TANDY, CITY MANAGER RAUL M. ROJAS, PUBLIC WORKS DIRECTOR~'~ FROM' SUBJECT: LIMITING HEAVY EQUIPMENT HOURS Council Referral #539 Councilmember Couch inquired if the hours that our heavy equipment is moving around on City streets could be limited. Specifically, the peak commuting hours. Provide response. Public Works currently has a policy in force and signs are posted. Through the City Manager's Office, this will be reiterated to each Department as a reminder of the policy. G:\GROUPDAT\Referrals~003\CC Mtg 07-09\539 - .doc JUL I ,~ 2003 CITY OF BAKERSFIELD MEMORANDUM July 11, 2003 TO: ALAN TANDY, CITY MANAGER FROM: RAUL M. ROJAS, PUBLIC WORKS DIRECTOR~~.~ SUBJECT: PIPELINE EASEMENTS Council Referral #540 Councilmember Couch requested information on pipeline easements and how they affect property owners in developing areas due to lack of information, i.e., ownership. Prepare response. When developing land, property owners must first ascertain all encumbrances (i.e., st nd rd liens, 1 , 2 and 3 Trust Deeds, easements of record, etc.). These encumbrances are indicated within the title report. Typically, easements of record and other encumbrances are shown on the map of the property in question and this information becomes useful in the development process. EASEMENTS/ENCUMBRANCES WITHIN EXISTING AND PROPOSED RIGHTS OF WAY The City allows many utilities and other appurtenances to be located within the right of way under certain conditions. These include those considered franchise utilities (water, gas, electrical, telephone and cable television). Other utilities such as oil pipelines or irrigation transmission lines can also be located within the right of way. The latter requires a "Consent to Common Use Agreement". This implies that the City and the utility in question has more or less equal rights and if one entity affects the other's facility the affecting entity brings that facility back to original condition upon completion. With respect to the franchise utilities, we require developers to subordinate any existing easements that would allow the road easements to become superior. Typically, the developer must pay for that to be done. July 11, 2003 Council Referral No. 540 Page 2 EASEMENTS/ENCUMBRANCES OUTSIDE PUBLIC RIGHT OF WAY These become a matter of developable private prOperty and must be dealt with in a manner that would allow for such development. In other words, if an easement cuts through the middle of some proposed housing lots and would render those lots unbuildable, the developer would have to pay to relocate the facilities and grant a new easement accordingly. EASEMENTS/ENCUMBRANCES NOT ON RECORD Many times developers will "discover" utilities on their property such as oil lines or irrigation lines where no one claims ownership. It is incumbent upon the developer to then research this facility and determine it is in fact abandoned. If not, then they have to relocate in accordance with the paragraph above. WATER RIGHTS One of the most difficult easements to deal with in developing land has to do with irrigation transmission through property with no defined actual location. This issue is difficult because the end user refuses to take responsibility to maintain the facility necessary to get their water delivered. In other words, if a developer wishes to underground an irrigation ditch, we do not allow this undergrounding to be done within the City right of way. The reason for this is that there is no responsible entity in the event of failure of the facility (i.e., leak, break, collapse). Therefore, it does not fall into the franchise category or the Consent to Common Use category. As a matter of course, Public Works has required these ditches be located in an easement within the private property. G:\GROUPDAT\ReferraI~003\CC Mtg 07-09\540 - .doc B A K E R S F I E L D - - GgTY ~AN_A"~I ;.!: :~(~ MEMORANDUM JULY 18, 2003 TO: Alan Tanager FROM: Florn Core; Water Resources Director SUBJECT: Response to "Friends of the River" Letter Council Referral No. 0000535 (Ward No.4) ICouncilmember Couch would like to understand the references in the attached material on page 2, which states how this group has "helped protect" the Kern River. This item was reviewed at the Water Board meeting of July 14, 2003. No response to the Friends of the River was deemed necessary. The letter is a solicitation for the city to become a member and pay the fees to join and become part of the efforts of the group to stop water supply development. "Friends of the River" was organized in the 1970's to fight the construction of a dam on the Stanislaus River (located near Sonora). Following that, the organization expanded to become a statewide group with headquarters and full-time staff in Sacramento with lobbying efforts in the state legislature as well as Congress. The group's main focus is to be "an authority" on the adverse impacts of dams on rivers and ecosystems'. In the letter that Councilmember Couch received, the statement "We've helped protect: the Kern, Merced ..... rivers" is referring to helping the Kern River by: 1. Friends of the River involvement through lobbying Congress in designating the upper reaches of the Kern River (above Kernville and the South Fork Valley) as part of the National Wild & Scenic Rivers Systems in 1987. 2. In 1990 Friends of the River opposed hydro-electric projects on the Kern River below Isabella Dam. (note: these projects did not materialize due to the economics, not lobbied opposition) 3. In 1996 Friends of the River proposed to de-commission an existing Southern California Edition (SCE) hydro-electric plant located in Kernville, as well as opposed the re-licensing of SCE's KR#1 hydro-electric plant located just inside the canyon. (note: both projects remain in operation) M E M O R A N D U M i ~r~,,~r.., CITY A~ORN~S OFFICE 2-2 0 PHONE 32 3721 , il JUL I 7 2003 i, Ouly 17, 2003 TO: HONORABLE MAYOR AND CITY COUNCIL FROM: BART J. THILTGEN, City Attorney ALAN D. DANIEL, Deputy City Attomey /~:~-"~--"-'-'----'- SUBJECT: PG&E SHARED EASEMENT CONTRACT AND EXCLUSIVE SERVICE AGREEMENT · COUNCIL REFERRAL NO. Ref000541 Council Member Couch inquired if there is any kind of "shared easement contract and exclusive service agreement" with PG&E. Dudng the City Council meeting of July 9, 2003, Council Member Couch requested staff to respond with clarification regarding whether there is a "shared easement contract and exclusive service agreement" with Pacific Gas & Electdc Company. Backaround The City of Bakersfield has a franchise agreement with Pacific Gas & Electric Company; however, I would not term this franchise agreement a "shared easement contract" or "exclusive service agreement." The City also has land easements with PG&E which allow utilities to be installed or maintenance to take place in various locations throughout the City. Once again, I would not view these as a single "shared easement contract" or "exclusive service agreement." I do not know of any single shared easement agreement or exclusive service agreement that has been entered into between Pacific Gas & Electdc Company and the City. BJT/ADD:Isc cc: Alan Tandy, City Manager Pamela McCarthy, City Clerk Debbie Lund, Acting Administrative Asst. S:~COUNClL~Referrals~PG&ESharedEsmt&ServAgmt,doc B A K E R S F I E L D, CITY OF .BAKERSFIELD PUBLIC WORKS DEPARTMENT MEMORANDUM TO: Alan Tandy, City Manager FROM: Raul Rojas, Public Works Director , DATE: July 7, 2003 SUBJECT: City Council Referral #000522 Effective July 15t, the Solid Waste Division has implemented a new practice fOr · collection of advance deposits for all new commercial refuse service acc°unts, as requested by the Finance Director (copy attached). S:\FILING\500 CORRESWlgr\Council Referral #000522 - Refuse Collection Accounts.doc July 15, 2003 MEMORANDUM TO: Kevin Barnes, Solid Waste Superintendent FROM: Gregory J. Klimko, Finance Director DATE: June 26, 2003 SUBJECT: Requiring Deposits for Commercial Garbage Service Effective July 1, 2003, deposits will be required in advance for all new commercial garbage service. The term "new service" will include change of ownership at an existing service location. Additionally, effective August 1, 2003, all existing commercial garbage customers who become 60 days delinquent on their account shall be required to pay their account current AND pay a deposit, in advance, before their service is re-instated. All deposits shall be in an amount equal to one month of service, based on the customer's established service level. These actions are being initiated to reduce the level of delinquencies among commercial garbage customers. The Bakersfield Municipal Code'section 8.32.060 "B" authorizes the Finance Director "to require billings to be paid monthly in advance". Section 8.32.070 of the BMC further supports this action by stating "The Finance Director ... may make such rules and regulat!ons .... as may be necessary or desirable to aid in such administration and enforcement", regarding the collection of commercial garbage fees. Please advise your staff to initiate this change in collection practice based on the effective dates referenced above. Attachment (BMC code section) cc: Alan Tandy Raul Rojas Bill Descary Nelson Smith File name: p:/nks/memo-refuse deposits.doc ' MANAGER ,~ .' .... DEPARTMENT OF RECREATION AND PARKS DATE: July 14, 2003 TO: Alan Tandy, City Manager FROM: Stan Ford, Director ~ SUBJECT: PINE TREES ON SENALDA COURT Ref000530 (WARD 7) Councilmember Salvaggio requested staff contact Mr. Gunning, the property owner at 7405 Senalda Ct. regarding pine trees behind his property. The trees in the City right-of-way and hanging over his property. Staff visited 7405 Senalda Ct. and inspected the two pine trees on City right-of-way. Staff performed a "Hazardous" evaluation report on the trees and determined the trees would have to be "topped" when they reached a height of 40 feet due to overhead power lines. These trees would normally grow 70-80 feet in height. The two (2) trees will be posted with a "Public Notice" for two weeks notifying the public the trees will be removed and replaced with more suitable trees. Citizens who are concerned about these trees would call the Recreation & Parks Department. Mr. Gunning was contacted by staff and infOrmed of the above process. He was asked to select a replacement tree from a approved list which he did. Mr. Gunning was satisfied with this solution to his problem. S:\Council Referrals\Ref000530.doc July 15, 2003 (11:04AM) JUL i ? 2003 B A K E R S F I E L D CITY OF BAKERSFIELD MEMORANDUM July 17, 2003 TO: ALAN TANDY, CITY MANAGER FROM: RAUL M. ROJAS, PUBLIC WORKS DIRECTOR SUBJECT: DRIVEWAY REPAIR ON SANDRA DRIVE Council Referral #$32 Councilmember Salvaggio requested Public Works staff make repairs to a driveway adjacent to 1320 Sandra Drive and assure weeds at the City location are abated. The facility at 1320 Sandra Drive is a City storm pump station. The area was cleaned of all weeds and debris on Friday, July '11, 2003. During the week of July 28, 2003, the Street Division will be patching the asphalt driveway that leads to the station. Once the City property line has been established at this location, a chain-link fence will be installed around the City property. The fence will keep cars from parking in front of the pump station and blocking the entrance. G:\GROUPDAT\Referrals~003\CC Mtg 07-09\532 - Streets.doc