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HomeMy WebLinkAbout03/05/04 B A K E R S F I E L D CITY MANAGER'S OFFICE MEMORANDUM March 5, 2004 TO: Honorable Mayor and City Council FROM: ~Alan Tandy, City Manager SUBJECT: General Information 1. Congratulations to Mayor Hall on his re-election! 2. The passage of the $15 billion bond measure has done nothing to cure the State budget imbalance, and we will be subject to State captures until a budget is adopted. An article from the March 3rd Los Angeles Times is enclosed which affirms this opinion. It also mentions the lawsuit to block the implementation of the proposition. There has been concern, since the introduction of the bond measure, that the "swap" of taking our sales tax to repay the bond and replacing it with property tax revenue may result in insufficient repayment to cities. Time will now answer that concern. 3. The February 27th publication from the League includes a summary of the Legislative Analyst's perspective on the Governor's budget, including the proposal to take local property taxes to fund schools. The LAO has suggested some alternatives to the $1.3 billion ERAF take, which would still be very detrimental to local government. Gregory Klimko has prepared the enclosed analysis which explains the possible ramifications to us under the LAO's suggested scenarios. 4. There was an article in the local newspaper on March 4th regarding a proposed bond measure in California City which did not pass. They used a referendum based parcel tax, with automatic termination as an ongoing revenue. The voters turned it down, causing a major financial problem. 5. Per the attached report from Public Works, the federal transportation reauthorization bill has been delayed another two months. We hope to receive funding for future projects when it is approved. 6. Enclosed is a memo from the Water Resources Department with information on three capital improvement projects that are underway. The projects total over $4.7 million and will provide the City's domestic water system with more production capacity to meet the rapidly growing demands for water service. Honorable Mayor and City Council March 5, 2004 Page 2 7. The more recent activity report from the Recreation and Parks Department is enclosed. 8. An activity report for Development Services is enclosed. 9. Responses to Council requests are enclosed: Councilmember Carson · Status of code enforcement actions on vacant lot at Jumbuck Lane near Alice Springs Avenue; · Citizen concern regarding the feasibility of a stop sign at El Toro and Belle Terrace and the status of curbs and gutters on the south side of Belle Terrace in the same area; Councilmember Benham · Information on permits/licenses for transient outdoor businesses located in the County jurisdiction; · Exploration of grant funding for the graffiti removal program; Councilmember Ma.q.qard · Report on water service availability in Section 9 in northeast Bakersfield (dual response - Public Works and Water Resources); · Citizen request to Identify a park for a possible indoor soccer facility; Councilmember Hanson · Report on the issues related to rehiring retired employees; Councilmember Sullivan · Status of graffiti removal in the Stone Creek area, near Wible Road; Councilmember Salva.q.qio · Status report on the sound wall and the auxiliary lane construction schedule for the White Lane/State Route 99 project; · Status of graffiti removal from the canal walls on the corner of South H Street at Wilson. AT:rs cc: Department Heads Pam McCarthy, City Clerk Trudy Slater, Administrative Analyst Los Angeles Times: Bonds a Stopgap Measure for Overspending in Budget Page 1 of 3 http://www.latimes.com/la-me-bondpass3mar03,1,4100921.story Bonds a Stopgap Measure for Overspending in Budget Prop. 57's success allows California to manage past debts. But another shortfall looms. By Evan Halper and Jeffrey L. Rabin Times Staff Writers March 3, 2004 SACRAMENTO -- With the sureness of an emergency room physician, state Finance Director Donna Arduin offers this treatment protocol for an ailing California. "When you have a patient that is critically ill, there are three steps that need to be taken," she said. "Stop the bleeding. Sustain their condition. And put them on the road to recovery." The $15-billion deficit bond package approved by voters Tuesday stops the bleeding, Arduin said. But lawmakers and Gov. Arnold Sehwarzenegger must move fast to keep California from lapsing into a coma because it faces another projected budget shortfall -- this time, $17 billion-- by summer. "We still need to pass a [2004-05] budget that is fiscally sound, that over the next couple of years will bring us into structural balance," she said. The Proposition 57 bonds, merely allow California to refinance budget deficits built up over the last three years. The initiative provides a new line of credit to extinguish old credit card bills that had mounted so much that lenders talked of taking control of the state government's cash if they were not repaid. Now it's on to dealing with the shortfall that continues to accumulate. "All this is, is a temporary fix," said John Hallacy, managing director of municipal research at Merrill Lynch. "It just means you are fixing the last couple of years and not fixing the problem going forward. It has to be replaced with a more permanent undergirding." The state continues to spend beyond its means at a rapid pace, thanks to a chronic "structural" imbalance between the cost of state programs and the revenue coming in from taxpayers. At the current rate of spending, lawmakers must overcome the additional $17 billion by early summer, according to state Legislative Analyst Elizabeth G. Hill. They can cut programs, raise taxes, or hope for an unlikely windfall of sales or income tax revenue equivalent to what California received during the dot-eom boom. The governor wants to do it without any new taxes. He and Arduin presented their plan in January, and it was not well http://www.latimes.com/la-me-bondpass3mar03,1,4888806,print.story 3/4/2004 Los Angeles Times: Bonds a Stopgap Measure for Overspending in Budget Page 2 of 3 received by majority Democrats in the Legislature. It involved major fee hikes and curbs on enrollment at state. universities, denying tens of thousands of low- income Califomians access to health insurance programs and delaying billions of dollars of badly needed transportation improvements. Even if lawmakers adopt the governor's budget as proposed -- and state finance officials have no problem selling the bOnds approved Tuesday -- Hill says the state could still end the 2004-05 budget year with a shortfall of $4 billion. That's largely because the governor's budget relies on some suspect assumptions. Among them is that the state can generate $500 million in revenue by renegotiating Indian gaming compacts and $400 million from unspecified cuts to the state prison system. Other budget solutions may be illegal after recent court decisions, such as a $930-million bond the governor is proposing to sell to cover the state's payment to the pension system for government workers, and hundreds of millions of dollars in cuts to the Medi-Cal program that may violate federal regulations. As lawmakers haggle with the governor over what programs the state can and cannot afford, the Schwarzenegger administration is also racing against the clock to come up with proposals for overhauling how the state spends its money. Arduin and other officials have been talking with interest groups about a range of issues, from moving thousands of university students into the community college system for their first two years to renegotiating retirement benefits for state workers. The state Constitution gives lawmakers and the governor until June 30 to adopt a spending plan. The governor has said on a number of occasions that California's financial reputation cannot afford to have Sacramento blow that deadline again, as it has eight times in the past 10 years. Investors say getting an on-time budget that is free of spending or revenue gimmicks would help restore the state's standing on Wall Street, where California's credit is rated the nation's worst. And if the governor can at least come close to meeting his goal of passing a 2004-05 budget by May, it would be a major political victory, further solidifying his standing as a consensus builder able to rein in the ideologically fractured Legislature. As they work on assembling next year's budget, the state's top finance officials will rush to start selling the bonds approved Tuesday. The goal is to get money flowing into state coffers in time to pay off billions of dollars in short-term loans that come due in June. "The concerns are kind of primal at this point -- near-term solvency," said Tim Blake, an analyst with Moody's Investors Service. "Getting out from under the danger of a very serious liquidity problem is significant." Even after Tuesday's vote, Blake said, securing the $15 billion in bond money is still not a sure thing. A group of eiries is warning that the plan for paying back the bond may be illegal, and they are considering filing a lawsuit to block it. The plan involves taking sales tax money away from cities to pay back the borrowing, and then replacing that revenue with property tax. Cities that generate a large portion of their revenue from big-box and other retail stores fear they would not receive the equivalent amount in property tax. But state lawyers have expressed confidence that the courts would not block the tax swap. Assuming the bond money is secured in time to pay back the short-term loans due in June, Blake said, the state will have taken a step toward fiscal recovery. But it is still only a first step. He said he didn't anticipate that Moody's would immediately change California's credit http://www.latimes.com/la-me-bondpass3mar03,1,4888806,print.story 3/4/2004 Los Angeles Times: Bonds a Stopgap Measure for Overspending in Budget Page 3 of 3 rating from where it hovers just above junk bond stares. "The rating is our lowest rating of any state," he said. "We wouldn't change that just because bonds are issued .... There is is a very large budget gap still facing the state." If~ want other stories on this topic, search the Archives at latlmes.com/archlves. Click here for article licensing and repflnt options Copyright 2004 Los Angeles Times http:ffwww.latimes.com/la-me-bondpass3mar03,1,4888806,print, story 3/4/2004 Bonds a. Stopgap MeaSure for Overspending in Budget Prop. 57's success allows ' ' of m ' ' - ge~solu~ions~illegalaller 8_~_ar~.h ~l-, M~rrill T.yr~h "!~?st recent court decision~ such as a California to manage means you are fixing the last. $930-million bond the governor couple~of 'veara.~g is proposing to sell to cover the past debts. But another ~ · .... ,state's payment to the pension' shol~l iooms, to be re ' system for government workers, _oe~rmonent under~ and hundreds of millions of dol- ByEvANHALP~.R ~ ~ Th~estatecontinuestos~end lars in cuts to the Medi-Cal pro- AND JEFFREY L. RABIN beyond its n~ns ~t . ~d gram that may violate federal ~/mess~0i~wter~ pa'ce,~anksto ac~c- regulations. tuTml- imbalance betm~n ~the As lawmakers haggle with SACRAMENTO -- With the co~Q~t, tff .~t~o pr~?am~ ~ the the govemor~over what pro- sureness of an emergency room revert ' ' tax- grams the statelean and cannot ' physician, state Finance Dlrec- payers. At ~,~atXr~_mte of afford, the Schwa~enegger ad- tor Donna Arduin offers this spen_Odinff. ~--~xnalrers must ministration is also racing treatment protocol for an ailing ~,e~9,~e t.~o ac~OJtional$~7 bi1- against the clock to come up Calffornia~ . liO ._ cc_ording with proposals for overhauling "When you have' a patient to state Legislative Analyst how the state spendsits money. that is ~ritically ill, ~here are EliT~beth G. Hill They can' cut Arduin and other officials have three steps that need to .be programs, raise taxes, or hope been talking with interest taken," she said. "Stop the for an unlikely windfall of sales groups about a range of issues, · bleeding. Sustain their condi- or iricome tax revenue equiva- from moving thousands of uni- .tiorr And put them on the road lent to .what California received versity students into the corn- to recovery." dttringthe dot-eom boom. munity colle~ system for their The $15-billion deficit bond · The governor wants to do it first two years to renegotiating package approved by voters without any new taxes. He and retirement benefits for state . WALLYS~-ALIJ · APPLAUSE LINE: Supporters beam as Gov. Schwarzeneggerj Tuesday stops the bleeding, Ar- Arduin presented their plan in workers. ' duin said. But lawmakers and January, and it was not well re- The state Constitution gives, addresses backers of his victorious propositions in Santa Monic Gov. Arnold 8chwexzenegger ceived by majority Democrats in ' lawmakers and the governor un- must move fact to keep Califor- the Legislature. It involved ma- til June 30 to adopt a spending start sellingthe bonds approved po~rt.i~n af their revo_m~e- niaffomlapsingintoacomabe- jor fee hikes and curbs on enroll- 'plan. The governor has said on a Tuesday. The goal is to get b~?o,,re~ cause it faces another projected ment at state universities, deny- number of occasions that Call- money flowing into state coffers fe~ar~e~ve me budget shortfall -- this time, lng tens of thousands of low- fornia's' financial reputation in time to pay off billions of dol- .e~va]~nt am.ount in .P~veUerty $17 billion -- by summer. ' income Californians access to cannot afford to have Sacra- loxs in shod-term loans that. ta~ But state mwyers na ex- "Westillneedtopassa[2004- health insurance programs and mento bl°W that deadline agsin, come due in June. pressed confidence that the 05] budget that is flscally soUnd, delaying, billions of dollars of as it has eight times in the past "The concerns are kind ofpri- courts would not block the tax that over the next couple of badly needed, transportation 10years. mal at this point -- near-~rm swap. years will .bring us into struc- improvements.. Investors say getting an on- solvency," said Tim Blake, an Assuming the bond money is turalbalance,-Shesaid. Even iflawmakers adopt the time budget that is ~ of analyst with Moody's lnvestors secured in time to pay back the The Proposition 57 bonds , governor's budget aa proposed spending or revenue gimmicks Sezvice. "Getting out from un- short-term loans due in June, merely allow California to reft- -- and state finance officials would help~restore the state's der the danger of a very serious Blake said, the state will have~ nance budget deficits built up have no problem selling ,the standing on Wall Street, where liquidity problem is significant.' taken a step toward fiscal recov- ,~over the la~ three years. Theini- bonds approved Tuesday-- Hill California's credit is rated the Even after Tuesday's vote, ery. tiative provides a new line of says the state could still end the nation's worst. And if the gover- Blake said, Securing the $15 bil- But it is still only a first step. creci~t~ to extinguish old credit 2004-05 budget year with a nor can at least come close to lion in bond money is still not a He saidhe didn't anticipate that bills that had moUnted so shortfall of$4 billion, meeting his goal of passing a sure.thing. ~ Moody's would' immediately fftak- That's largely because the 2004-05 budget by May, itwould warnin thc ' change Califor0A~ 'a's credit rating Of the state govern- governors budget relies on be a major political victory, fur- bac~bon~]_~ from where it hovers just above ment~s cash if they were not re-. some' suspect assumptions, ther solidil~g his standing as a - ~,d they are consideringA~tug~ junk bond status. paid. ',.. Among them is that the state consensus builder able to rein in '~wsttit to block it.~~ "The rating is our lowest rat- Now it's on to dealing with can generate $500 millibnin rev- the ideologically fractured Leg- vove'l~taking s~,z~a~,ey Lng of any state," he said; "We the shortfall that continues to enue by, renegotiating Indian islature. ~ from c, ities to pay back the wouldn't change that just be- accumulate, gaming compacts and $400 mil- As they work on assembling bO~g~acing cause bonds are issued .... _"A~I~ this is, is.. m~ lion from unspecLfied cuts to the next year's budget, the state's that revenue with property tl~x. There is a very large budget gap fix,' seJ~ Jo--~allacy, manag- state prison system. Oth.er bud- top finance officials will rush to Cities_ that generate a large~ still facing.~the state." empty Senate ~°-~s.-u~P~~.'rs~t~was g~-a~ ~ ~Democmt. Criticized President ~, w~l, nan ~nougnt tl~ey fi.om the floor. , ~ .~_._ush on gun control and laid out - were going to see only his legisla- The senator s appearance Roxbor9, N.C., in honor of Oscar nors, who declined to be named, h ~ reasons for suPporting an the other naming a post office in One of Bush's California do~ tire staff. And then he headed to had the feel of a '~ctory lap," Scott Woody, a seagoing postal said the president could count amendment to extend the 10- the Senate. Baker said. "People cameup and on raising whatever he needs ~,ear-old asSault-weapons ban ~n~. ~ ~,. ........... clerk from Roxboro. who died on ' · · from the state. "It's never tapped out," the donor said. ' c~ Since his reelection commit- a Consolation PriZe m Vermont · · · made three .other fundralsing trips to California.. ~) Today's appearEqce will be lo, "writer mont., ~,-his first since the Nov. 17 inaugu- p( ration of Gov. Arnold Schwarz- As the election returns came enegger rejuvenated the state. Dean's home state of in, about 100~ gathered to cele~ Republican Party, giving the delivered a consoling brate at Nectar's,. a restaurant , president a West Coast ally with to the onetime presi~ and bar in downtown Burlington star power. candidate ih Tuesday's that hosts' the monthly Dean "There is a large amount of pi primal, handing Meetups. There, they drank, money out' there for Republi- first win microbrews, munched on Nec- cans," said Carla Eudy, a OOP K campaign, tar's famous flies with gravy and . fundralser based in Washington. won the Vermont pti- mused about the campaign that "And havinga Republican gover- a margin of more than could havebeen, nor, who seems to be doing a over. Massachusetts "Part of the reasonwe pushed good job, may create even more so hard 'for the effort tonight was enthusiasm." digits he garnered in to say thank you to him," said Schwarzenegger said he nine states that voted - Andrea Stander, 51, who worked planned to meet with the presi- as a volunteer county coordina- dent tonight in Los.Angeles. The Fi : North Carolina Sen. John Ed- 'tor. White House would not elabo- st ! ds was not on the Vermont ~I think that people Very rate. r~ ot, having decided to forgo clearly wanted to send ames- In additio~ to the thr~e fund- i 1~ focus on other contests, and eventual nominee that we speech at t'he Los Angeles Con- [ Dean's decisive victory in his have really strong concerns and vention Center this afternoon on ~ome state broke his streak of 29 we're very organized." his initiative to earmark federal ~ralght losses at the polls and Brattleboro resident Bill contracts for religious organiza-  ne two weeks after he ended Bandish cal~ed the win "a bitter- tions that perform social serv- s insurgent candidacy. ' sweet celebration.- ices. ' With the. win, Dean gets a "There are a lot of ~ree think- On Thursday morning, he is tc ~are Of Vermont's 15 delegates ers here," said Bandish, 5i, Who ' ' ~t the Democratic convention in works for a local Internet firm. July. "They're not being duped by the , When the 'news came Tues2 rest of the nation into blithely ! day night, Dean was attending a following [President] Bush or ~ banquet for his son's high school Kerry." · hockey team. For some, Tuesday night also " Aides said the former gover- marked a personal celebration.' ,'!" 'nor was moved and gratified. Erik Stier, 21, who worked 'as ~": ", ~TI~_ win means so much to a field organizer for Dean, said ~': me, Dear~ said in a statement.. the campalgu inspired him to go . "Throughout this' campaign, I ' in~o politics.'After Dean dropped ~ ' .have appreciated the strong suP_ out, Stier worked as campaign "- port fi.om the people of Vermont. manager for a City Council can- 'I will never forget the work and didate. ~ ·. ~o~tea r~e~ That candidate also lost, but "the heart that you put into our FAN: MarY Oleson holds a cutout offormer Vermont Gov. Howard . Stier said he is undeterred. On ~ campaign.- Dean outside a Baltimore polling station. But in case anyone was won- ' ' Friday, he's driving down to · Washington to pUrSue work _ dering, Dean quashed any no- madealastpushforhimin'thefi_ nor."It'srealiyheart-warming.- there. ~'"tion that he might reenter the n~/1 days before Tuesday's pri- Many Dean backers posting "This was possibly the most face. ~ ......... mary, holding visibility events messages on his campaign web- amazing experience of my life," ..... No, I'm not going to get back and waving Dean signs across, site said they weie moved to Stier said. "Manyyoung people I '-in it, but having some delegates the state overthe weekend, tears by Tuesday's results, and know are incredibly motivated IN WASHINOTON: President ' is great,' he told C1VN. ' ?They didn't give 'up," said several suggested taking up a by the work that .Dean did, and the Department of HOmeland Secu~, . Dean's Vermont supporters longtime Dean aide Kate O'Con- . new slogan: "Don't Blame Ver- we're not going to give up." department Secretary Tom Ridge al MEMORANDUM TO: Alan Tandy, City Manager FROM: Gregory J. Klimko, Finance Director ~//~-~ DATE: March 1, 2004 SUBJECT: LAO Report (2/27/2004) The LAO report suggests alternatives to the Governor's additional $1.3 Billion ERAF take. $216 million reduction in "Restricted Purpose Subventions" including the COPS program. The City has used the COPS grants in recent years for Mobile Data Computers and the Computer Aided Dispatch system capital outlay projects. The new COPS grant is Cops in Schools (8 new officers @ $500,000 for two years). $400 million shift in unspecified property tax cuts to special districts. "Local Communities" would have full flexibility to implement this cut. The Board of Supervisors of each county would establish the special districts cut amount after public hearings to achieve the total established by the State Legislature for each county. It is not stated if Redevelopment agencies fall within this special district category. The City's share could be as much as $400,000 if RDA's are included (see the next item). $320 million focused shift in Redevelopment agency property taxes through a "sliding scale" to reduce the incentive to form or expand redevelopment project areas. This concept is currently in place for the Southeast and Old Town Kern project areas and would probably be accelerated and might apply to the Downtown project area. The City's RDA ERAF shift is currently approximately $135,000. Based on the current ERAF shift the City's portion of the $320 million would be about $320,000. This would mean a minimum additional loss of $185,000 assuming the current RDA ERAF shift is nullified. $400 million shift in sales tax ($200 million Cities and $200 million Counties). Reducing the local 1% Bradley Bums tax rate to 0.92%. This would mean a $400,000 loss to the City (based on $50 million sales tax estimated for 2004-05). Losses exceeding our portion of the $200 million would be backfilled by county VLF allocation. This is the worst possible precedent. PR I 0 .R I T Y February 27, 2004 Issue #8-2004 LEGISLATIVE ANALYST SAYS GOVERNOR'S ERAF SHIFT WRONG WAY TO GO Hot Bills ~NCLUDES ALTERNATIVE PROPOSAL TO CUT LOCAL ·.. Act Now GOVERNMENT REVENUES · · The Legislative Analyst's office (LAO) annual Perspectives and Issues · There are no Hot -= Bills at this time. report on the Governor's proposed budget is now available, offering the LAO's · perspective on the budget and issues for discussion in the upcoming budget · debate. For more, see page 4. · · · · LAND USE LEGISLATION A HOT TOPIC FOR 2004 · As League staff wades through the stacks of new legislation, it is apparent · · many land use bills have been introduced. Although there are more to come, · below are several bills that cities should begin to review and track: For more, · see page 5. · · · ; INITIATIVE UPDATE: PRESS CONFERENCES, SIGNATURE · · GATHERING MARCH FORWARD · · League members and their LOCAL initiative partners capped off another · · week of solid campaign work on the Local Taxpayers and Public Safety ·· Protection Act, with signature-gathering in full swing, fundraising efforts pro- = Want more details on grassing and press conferences continuing to draw attention to the initiative. these and other bills? (All activities were carded out by city officials on their personal time, and did Log on to the League of not involve the use of public funds.) For more, see page 6. California Cities Web site at www. cacities, org/ legtracking. Page 2 SALINAS RE-INTRODUCES LEAGUE-SPONSORED HOUSING BILL: AB 2980 IS AN ETHICS CODE RIGHT FOR YOUR CITY? Page 3 RECENT LEGAL ADVOCACY FILINGS Page 5 DON'T MISS THE MARCH ISSUE OF WESTERN CITY MAGAZINE! Page 6 SAVE THE DATE: "SIGNATURE SATURDAY", MARCH 13 WE NEED YOU TO HELP GATHER SIGNATURES SAUNAS RE-INTRODUCES LEAGUE- IS AN ETHICS CODE RIGHT FOR SPONSORED HOUSING ELEMENT YOUR CITY? SELF-CERTIFICATION BILL: AB 2980 The League's board of directors believes it could be. The League board voted to endorse the Late last week Assembly Member Simon Sail- Institute for Local Self Government's effort to nas, Chair of the Assembly Local Government encourage as many cities as possible to engage CO=~4H,~, ~ .... B 2980, a League-spon- in the discussion of public service ethical values sored bill which would grant regulatory relief from through the adoption and/or update of a city code state Department of Housing reviews of local of ethics. The action occurred at the board's housing elements for those communities which February meeting. commit to hit a targeted production level of afford- able housing. The board took this action as part of a pack-~ The measure would authorize "production- age of public confidence strategies for 2004. The based certification" and reward communities with a board had received copies of the Institute's new return of their local control if they commit to build at process-oriented guide on adopting codes of least 15% of their share of Iow and very Iow income ethics. The guide was produced as one of the housing over their five-year housing element cycle, recommendations of the League's Ethics Educa- This measure is similar to last year's AB 980 !Sail- tion Task Force. The Task Fome was created when the League made promoting public confi- nas). which was delayed in the Assembly while a task force of stakeholder groups attempted to dance in city government one of its strategic negotiate reforms to the housing element law. priorities for 2003 and 2004. The concept behind AB 2980 is picking up The Institute's guide focuses on process momentum and bi-partisan support. Nine co- because it recognizes that there is no "one-size authors have added their names to the bill: Assam- fits all" code of ethics that will serve the needs of bly Members Dutton, Laird, Longville, Vargas, and all of California's diverse cities. The guide does,' Wiggins; Senators Denham, Florez, McPherson, however, provide a "menu" of choices for cities and Soto. crafting a code, as well as sample language. The guide's core message is that codes of ethics are Requested Action For Cities: a positive opportunity for local officials to affirm their city's commitment to core public service values. 1) Send Support Letters: While most land use legislation is oriented toward removing local Electronic copies of the guide are available authority, this is a positive bill that seeks to restore without charge from the ILSG website (hEp:l/ local authority to cities that are doing what they can www.ils.q.or.q/). Printed versions are available for. on affordable housing. It will take a major effort by local governments to achieve positive changes to $20 plus shipping and sales tax from the League's housing element law. If your city supported AB 980 CityBooks service at (916) 658-8257 or last year, please send a support letter on AB 2980. www.cacities.or,q/store. Proceeds from sales of All other cities are encouraged to support this all Institute ethics resources support the Institute's proposal. Sample letters are available on the work in the ethics area. Leaoue's website at www. cacities, oro/hced. Has your city adopted or updated its ethics 2) Thank Author's and Co-authors, Ask code in the last year?. If so, the Institute would like your Legislator to Co-Author. If your legislator to include your city in its "Ethics Hall of Fame" on has co-authored this measure, please take the time its website. Please contact Institute staff to thank them. If your legislator has not co- (sDeersi~cacities.or~) with a copy of your code.' authored this legislation, please encourage them to The Institute hopes the list will grow and under- do so. score the breadth of cities' commitment to ethical values in public service. PAGE 2/PRIORITY FOCUS Visit the League's Official Web Site--www.cacities.org RECENT LEGAL ADVOCACY FILINGS The League would like to provide special thanks Presumption of Bias and Due Process to the individuals listed below, who wrote friend-of-the- court letters or briefs, for their efforts on behalf of the The League filed a friend-of-the-court letter brief League. League action and a brief summary of the urging the California Supreme Court to hear a case case appear below. Copies of the filings are available concluding that a deputy city attorney that appeared at: www.cacities.orcj/recentfilinqs, before a city personnel board as an advocate on a disciplinary matter is presumed to be biased because the deputy had previously advised the board on Telecommunications Filings unrelated matters. There were two cases that the League recently The League thanks Kevin Collins with Best, weighed in on involving local governments and Best and Kreiger, for writing the letter brief on telecommunications issues. The first impacts the ability of local governments to regulate use of the behalf of the League. The opinion presents signifi- public rights-of-way by communication providers, and cant concern for local governments, and particularly their ability to collect franchise fees to fund local those with small legal staffs because it concludes that services. The second case involves municipal liability an attorney who has interacted with an administrative for attorneys' fees relating to application denials for board on several occasions may not serve in a wireless telephone towers, prosecutorial function due to the probability of influ- ence on the board compromising the fair hearing The League filed a friend-of-the-court letter brief process. The name of the case is Quintero v. City of Santa urging the California Supreme Court to hear a case that concluded a city may not charge a telephone Aha, 114 Cal. App. 4~ 10 (4~ Dist. Dec. 23, 2003) corporation a license fee to use the public rights of review filed (Jan. 28, 2004). way to construct and maintain facilities that are not intended for use as telephone lines. The League CEQA and Farmland Mitigation thanks William Sanders with the City and County of San Francisco for writing the letter brief on behalf of The court of appeal recently issued an unpub- the League. lished opinion concluding that if the environmental impact of a project converting farmland to urban use The name of the case is Williams Communica- can not be mitigated below a level of significance, tions v. City of Riverside, 114 Cal. App. 4"~ 642, 9 Cal. other mitigation measure must still be adopted if they Rptr. 3d 96 (4~ Dist. Dec. 18, 2003). would substantially lessen the environmental impact of the project. Adopting a statement of overriding The League filed a friend-of-the-court brief urging consideration does not exempt the local agency from the Ninth Circuit Court of Appeals to grant rehearing mitigating measures such as the payment of fees for en banc in a case that would allow individuals to conservation easements to limit future loss of farm- recover attorneys fees for violations of the Telecom- land. munication Act of 1996. The League thanks Jennifer . Henning with the California State Association of The League thanks Dan McHugh, City Attor- Counties for writing the brief on behalf of the League ney, Redlands, for writing the brief on behalf of the and the California State Association of Counties. League. The current opinion would expose local govern- The name of the case is South County Citizens ments to increased liability because telecommunica- for Responsible Growth v. City of Elk Grove, currently tion companies may elect to sue cities when their unpublished (3d Dist. Feb. 5, 2004). Since the applications to install wireless telephone towers are opinion is currently unpublished it may not be relied denied and potentially recovery attorney's fees. upon by other local agencies. There is a request for publication currently pending with the California The name of the case is Abrams v. City of Rancho Supreme Court. Pa/os Verdes, 354 F.3d 1094 (9"~ Cir. Jan 15, 2004). Visit the League's Official Web Site--www.cacities.org PRIORITY FOCUS/PAGE 3 On the general fiscal picture, the report offers * Be Mindful of Effect on Land Use Incentives the following observations: · Consider the Impact of Revenue Reductions · The fiscal problem (deficit) facing the state in the 2004-05 budget $17 billion Alternative Approach · Of the $17 billion deficit, $15 billion relates To accomplish the cuts to local government to an ongoing structural imbalance between and follow the above principles the LAO proposes revenues and expenditures in 2004-05, while the the "alternative approach" outlined below. While the remainder of the problem is a $2 billion current- LAO acknowledges that this alternative represents year shortfall, an undesirable intrusion into local finance, they state that it would have fewer negative effects on · The budget proposed by the Governor fails local governments and their residents than the to address the ongoing structural shortfall. The administration's approach. The proposal mirrors LAO predicts that a $7 billion ongoing gap be- the Governor's target of $1.3 billion, but accom- tween revenues and expenditures would occur in plishes that cut level is as follows: FY 2005-06 and continue in subsequent years, absent any further corrective action. · Reduce $216 million in "Restricted Purpose Subventions." Specifically they propose to eliminate the COPS program at $100 million; the Juvenile Report Questions New Property Tax Shift Justice Challenge Grants at $100 million and the ' Public Library Foundation money at $16 million. The LAO took a very bold step in this year~s report in commenting on the Governor's proposal · Shift $400 million in unspecified property tax to cut local government property taxes by $1.3 cuts to special districts. Local communities would billion. In the report it states: have full flexibility to implement this cut. The prop- erty tax shift amount would be established by the "This proposal raises questions concerning Legislature for every county. The Board of Supervi- the state's role regarding the property tax. In oursors in each county would hold hearings and take view, the Legislature should use its authority testimony and then revise the amount of property over this tax for the overall betterment of taxes received by special districts in their county to. local government, not as a state rainy day accomplish the target shift. fund. We recommend the Legislature reject this proposal." (Emphasis added.) · Implement a focused shift of $320 million in property taxes from redevelopment agencies. This The LAO went on to say, however, that if the would be accomplished through a "sliding scale" Legislature does pursue cuts to local government that reduces the incentive for cities and counties to because of its difficult financial situation that the form or expand redevelopment agencies. following principles be applied to any such course of action: · Shift $200 million each from cities and counties (total of $400 million). The shift would take · Minimize Reductions to General Purpose place through a reduction in the Bradley-Bums tax Revenues rate from the current 1% down to .92%. This would produce $400 million annually. In turn, the state's · Leave Past Formulas in the Past sales tax is increased by an equivalent percentage. City sales tax losses exceeding $200 million would · Allow Local Control be offset through a statutory revision to the existing Continued on Page 5 PAGE 4/PRIORITY FOCUS Visit the League's Official Web Site--www.cacities.~)rg LAO REPORT from page 4 ........... DONT MISS THE MARCH ISSUE OF VLF allocation formula - shifting some county VLF WESTERN CITYMAGAZlNE! revenue to cities. This month, Western City focuses on the topics of land use, housing and planning. Articles include: What's Next: Budget Hearings Getting to YIMBY: Addressing Neighborhood The extent to which the LAO proposal will be Concerns About Affordable Housing, by Bill used as a guide when the final budget is adopted Higgins. Fear of the unknown is often one of the is hard to determine. It will certainly be just what it biggest obstacles to building affordable housing. This proposes to be and that is an alternative to the article offers practical approaches for addressing Governor's $1.3 billion property tax cut. community concerns when such housing is planned. The budget hearings are beginning in the South San Francisco's Homegrown Housing Legislature and will move more rapidly when the Strategy, by Joe Fernekes. A city council member Governor releases his May Revision of the Bud- describes how the city has overcome some of the get. This is scheduled for release on May 14 and challenges associated with getting affordable housih~l will take into consideration the personal income built, and offers some frank observations about the state's role. tax receipts after the April 15 deadline. This is shaping up to be another painful budget year. Helen Putnam Award for Excellence Winners: LAND USE BILLS from page I . ...... -. · San Jose Homebuyers Program Helps Teachers Live Where They Work AB 2702 (Steinberg) Second Units: Con- · Santa Barbara Creates Housing for Its tains numerous mandates on local government Workers While Stimulating Downtown Activity second unit ordinances. · San Diego Launches "City of Villages" Outreach Program to Accommodate Future AB 2158 (Lowenthal), AB 2284 (Chavez), AB Growth 2348 (Mullin) AB 2515 (Runner), AB 1970 · Irvine's Universal Design Program Antici- (Harman), SB 1702 (Battin): All of these bills pates Future Housing Needs of an Aging Popu- lation relate to housing elements, and reflect the many issues and problems with the existing process. PLUS SB 1404 (Soto) Multifamily Financing Ballot Measure Fund Raising: Some Legal Districts: Proposes a financing mechanism Do's and Don'ts, by Steven S. Lucas and Betsy related to multifamily housing. Strauss. Important information for elected officials . and city employees on what is and isn't permissible ' SB 1641 (Alarcon) & AB 2494 (Lieber): Big when raising funds for ballot measures. Box Retailers: Both of these bills seek to limit big box development. Top 10 Techniques to Support Open Govern- ment, by Daniel G. Hobbs. A city manager shams SB 1818 (Ducheny) Density Bonuses: pointers on how to conduct the public's business in an Lowers required affordability components of open, forthright manner that builds public confidence. projects eligible to qualify for density bonuses. The Intersection of Hope and Leadership, by SB 1263 (Torlakson) Mandatory Approvals Chris McKenzie. Why it's critically important for our of Development Projects: Require local govern- leaders to offer hope, and what this means for ments to approve development projects consis- Governor $chwarzenegger. tent with specific plans. AND MOREl Visit the League's Official Web Site--www.cacities.org PRIORITY FOCUS/PAGE 5 INITIATIVE from page I · -.. -.. -... -. A Tulare County press conference attracted SAVE THE I)ATE: "SIGNATURE numerous reporters Wednesday, despite a howling storm. The event, featuring Tulare County, City and SATURDAY", MARCH 13 public safety officials, was covered by TV and print WE NEED YOU TO HELP media, including the Fresno Bee and Spanish GATHER SIGNATURES speaking network Univision. For city offidals who haven't yet volun- In Daly City, another initiative news conference teered to help collect signatures for the was held Thursday despite heavy flooding in the LOCAL initiative, NOWIS THE TIME/Il area. The office of City Manager John Martin was instrumental in the success of the conference, held April 15 is the deadline to collect 1 million at the Pacific Plaza Building. The event was signatures to qualify the Local Taxpayers covered by bilingual print, radio, and TV media, and Public Safety Initiative for the November Over 75 people attended this event, which included 2004 ballot. The League and our coalition every member of the Daly City Council, as well as partners, the Califomia State Assodation of representatives of a Homeowners Associations Counties and the Califomia Spedal Districts umbrella group. Association, are pushing hard to_gather 300,000 signatures through volunteer efforts. Every signature obtained by a volunteer will save $1.50 - $3.00 in paid signature gathering costs. These are funds that will be needed for advertising as election day draws nearer. To prevent the initiative campaign from getting caught short with no time or re- sources to meet the Apd115 deadline, we will be planning a statewide "Signature Saturday" on March 13 that will involve as many elected officials, labor representatives Daly City Mayor Sal Torres speaks to reporters and volunteers as possible. This event will and a crowd of over 100 citizens, city employees and give our volunteers a definite date, time and public safety officials Thursday. location to focus on, so they can show their support for the campaign's effort in a high profile way. Initiative Continues to Garner Signatures, Coalition Partners The League's regional representatives will help schedule high profile locations in The signature gathering effort is moving briskly each region, and play a major role in sched- towards the 1 million signature goal. Reports from uling volunteers. Our consultants will be the professional signature gatherers indicate that working hard with the reps and our initiative the Local Taxpayers and Public Safety Protection partners to generate press coverage of this Act is benefiting from the strongest and most statewide effort. enthusiastic public response from among several competing petitions in circulation this month. Please contact your regional rep to find League Regional Reps continue to help coordinate out how you can help. We need YOU! With the volunteer effort. To help circulate petitions your help, we CAN DO IT! please contact your Regional Rep or visit the campaign website at Continued on Page 7 PAGE 6/PRIORITY FOCUS Visit the League's Official Web Site--www.cacities.org INITIATIVE from page 6 · '""""" www.protectlocalservices.com. The initiative is also continuing to receive Navigating The endorsements from various groups across the state. Among the groups joining this week: the Legislative Process California Association of Professional Employees, SEIU Local 347 (representing over 12,000 public Deadlines, Procedures and employees working for cities and school districts Common Terms throughout Southern Califomia) and the AFL-CIO. NEW: An overview of the budget process Save the Datel, and special sessions Three initiative fundraisers are coming up: March 11 in downtown Los Angeles, March 11 at Plus: the California Redevelopment Agency conference · A description of the legislative process in Monterey, and March 31 in South Bay area of LA · Tips on writing an effective letter and county. For information on fundraising events and testifying before a legislative activities, please contact Jean Korinke at committee 916.658.8245, email ikorinke~cacities.or,q. To · Suggestions on how to participate in make an online contribution to the campaign, visit www.citipac.or,q, the League legislative program · A glossary of commonly used legislative Remember: Use Only Non-Public Funds and budget terms City officials are reminded that their involve- · A legislative calendar listing key state ment with or contributions to the campaign cannot budget dates for city officials involve the use of any public funds. For more information about this subject, please review the This publication is available from the League for "Legal Do's and Don'ts for City Officials" on the $5. There is a ten percent discount on orders o¢ initiative page on the League's website at five or more. www.cacities.org/initiative. 0uestions? Contact League Publications at 916/658-8257 Or order online at: www.cacities.org/store Visit the League's Official Web Site--www.cacities.org PRIORITY FOCUS/PAGE 7. bakersfield.eom - Desert cities eye plan B after failure of bonds Page 1 of 2 bbake ield com http://www.bakersfield.com/local/story/4548945p-4595834c.html Desert cities eye plan B after failure of bonds Officials in California City, Rosamond predict big cuts to cover loss of measures By MICHELLE TERWlLLEGER, Californian staff writer e-mail: mterwilleger~bakersfield.com Posted: Wednesday March 3rd, 2004, 10:20 PM Last Updated: Wednesday March 3rd, 2004, 10:20 PM Jack Stewart didn't sleep much Tuesday night. Instead, the city manager for California City stayed up, trying to figure out how the desert town would function with a $3 million budget cut. California City voters failed to pass Measure G, a special parcel tax that would have supported city services, particularly the police and fire departments and the replacement of city water pipes. Without the money, the city will lose roughly 27 percent of its tax base. "I got to go to plan B," Stewart said, admitting he hadn't really planned for defeat of the tax. Officials in Rosamond also have the same problem. They will have to figure out what to do after the failure of Measures H and I, parcel taxes that would have gone to the Rosamond Community Services District to pay for public parks and street lighting. Bud Bumett, vice chair of California City's advisory committee that oversees special tax spending, predicted a noticeable cut in California City services in light of Measure G's failure. "I'm sure there's going to be layoffs in June, if not before," Bumett said. He speculated an end to city recreation activities, including public swimming, as well as cuts to the fire and police departments. The special taxes, which would have made up $3 million of the city's $11 million annual budget, have been paid by California City residents for the past five years. Measure G called for a $10 increase. Stewart said the city will likely try to get the special parcel tax measure passed again in November. That decision will have to be made by the City Council, he added. But with the current parcel tax set to expire at the end of June, the city will have to make some changes to deal with the loss of money even if they can get a measure passed in November. http://www.bakersfield.com/local/v-print/story/4548945p-4595834c.html 3/4/2004 bakersfield.eom - Desert cities eye plan B alter failure of bonds Page 2 of 2 California City Police Chief Wayne Dickerson said his department already is streamlined with only 12 sworn officers and a growing number of calls each year. "We're probably going to eliminate some extra things," Dickerson said, such as a pro-character, anti-drug campaign the department was planning to start in local schools. The city may borrow money from the United States Department of Agriculture to replace its old, leaky water pipes, Stewart said. "We will continue to function one way or another," Stewart said. "We'll figure it out." In Rosamond, community service district officials had planned to use money fi'om the failed parcel taxes to pay for street lights and improvements to United Street Park. District officials did not return calls from The Californian. The California City City Council will have a special meeting at 5:30 p.m. March 9 at Council Chambers, 21000 Hacienda Blvd. The regular meeting will be at 6 p.m. March 16 at Council Chambers. http://www.bakersfield.com/local/v-print/story/4548945p-4595834c.html 3/4/2004 From: Alan Tandy To: Rhonda Smiley Date: 3/3/2004 9:58:14 AM Subject: Fwd: Transportation Bill Reauthorization >>> Ted Wright 3/2/04 3:31:21 PM >>> Raul/Jack, per the article .below, the 6 year transportation reauthorization bill has been delayed another 2 months, so the President signed a temporary extension of the existing bill this past Sunday. As you are aware,, our potential project funds are a part of this .new reauthorization bill and so this funding has also been delayed 2 ~months. However, initially, the talk was that there would be a 4 month extension, so hopefully this 2 month extension'.is a good sign that the legislature and President are close to an agreement on the reauthorization bill. FHWA Shutdown .Averted - Highway ,Program Extended Two-Months On Sunday, February 29, the President signed into law HR 3850, the Surface Transportation Extension Act of 2004. On 'Friday afternoon, the Senate passed the -two-.month extension that will *keep federal highway and transit programs operating at current funding levels through the end of April. The House passed .the-bill on Thursday. The extension bill was considered "must-pass" legislation because a lapse in the program would have forced the Federal Highway Administration to shut down on Monday morning and the flow of Highway Trust Funds to the States would have been immediately halted. In order to pass the ~bill, the *Senate~needed the unanimous consent of all Senators. However, Senators McCain (R-AZ) and .Lieberman (D-CT) would not agree to pass the highway bill, unless an unrelated issue was resolved. Having not resolved the issue by noon on Friday, the Federal Highway Administration began planning for the orderly shutdown of the agency. At 4:00 pm, an agreement was reached and Senators McCain and Lieberman agreed to allow the extension to proceed. All 'Federal Highway Administration offices opened on Monday morning .and highway construction and safety projects are proceeding without delay. -RECE]VED MAR-5L; D41 ( C)TY MANAGER'S MEMORANDUM (White paper due to photographs) March 4, 2004 TO: Florn Core, Water Resources Manager FROM: Steve Choate, Water Resources Engineer,~~~~ SUBJECT: Status of Current Capital Improvement Projects - Construction Progress The City Water Resources Department currently has three capital projects underway. All three projects are improvements to the domestic water distribution system to meet the water needs generated by the rapid growth within the City. The City is extending the Interface pipeline to add two domestic wells utilizing the 2800 Acre Recharge Facility. In conjunction with the pipeline project, three additional turbine pumps are being added to the six booster pumps already in operation. Together with California Water Service a three million gallon water storage tank and booster pump facility is being built at Coffee and Norris Road to serve the northwest. The well field pipeline extension project connects a third and fourth well to the ten million gallon water storage tank Interface facility, adding additional production to meet increasing water demands for southwest Bakersfield. This water source presents a savings by avoiding pump taxes and allows us to take advantage of P. G. & E.'s discounted energy rates. The project is 20% complete and is scheduled to be operational in June of 2004.. At the opposite end of 2800 Acre Well Field Pipeline extension the Interface project three additional turbine pumps and a by generator ~-:~": system for emergency use are being installed. The pumps should be ready for pressure testing on Monday Installation of three additional turbine March 8, 2004. pumps to the Interface Project In northwest Bakersfield a joint City/Califomia Water Service 3 million gallon'tank floor pad. Company project to build a 3 million gallon potable water Forming and placing structural steel, storage tank and booster pump facility began construction early this year. This project will serve the ever expanding water demand for this area through a shared system. The project is 15% complete and is scheduled to be finished by December 2004. B A I< E R $ F I E L D Department of Recreation and Parks Date: March 4, 2004 To: Alan Tandy, City Manager From: Alan Christensen, Interim Director of Recreation and Parks Subject: Monthly Report for January Attached are the monthly activity reports for each division. If you have any questions or require additional information, please let me know. B A K E R S F I E L D Department of Recreation and Parks Parks Division January 2004, Report INTERNATIONALSQUARE CLOSURE Following numerous meetings and discussion of options, a decision was made to close International Square through City Council direction. Parks and Public Works crews combined to complete demolition work within a three day window of January 5-7, 2004. Certain items, such as benches, lights, and fencing were salvaged to be used for other projects. NEW ACREAGE No new acreage was accepted in January for Parks Division to begin sole maintenance responsibilities. However, three developer maintained parcels of streetscape totaling 2.74 acres with 219 trees and 969 shrubs were entered into a 365 day maintenance period. These locations shall become our responsibility to maintain following conclusion of developer's 365 day maintenance responsibility. VANDALISM We believe BPD was able to identify the person responsible for a considerable amount of previously reported young tree vandalism within the downtown corridor. The individual was detained, interviewed and subsequently deported. It is believed as much as $5,000 irreparable damage was done to numerous trees by this individual or someone following his pattern of vandalism. Surprisingly, vandalism took an upturn in January. Polo Grounds split rail concrete fence was once again targeted by vandals who broke several sections. Several irrigation clocks were broken citywide. Basketball hoops were stolen from Jefferson Park. The letter "G" was stolen from the Glenwood development entry sign. Silver Creek Park marquee was broken as were several restroom latches and an accessible swing in the north play lot. At Wayside Park, a bench back was stolen, restroom fixtures broken and canal fence cut. PARK RESERVATIONS A few rains and chilly conditions best describe the month of January. As a result, park reservations were at typical Iow levels. A total of 21 reservations were issued with an estimated attendance of 1,430 persons. PLANZ PARK PICNIC SITE REPAIRS Three mature Modesto Ashe trees were removed from a combined picnic site at Planz Park. The trees, two of which were topped years ago to keep from growing into overhead power lines, were uplifting and cracking the concrete picnic pads and walkways. New concrete walkway and picnic pads were installed to replaced the damaged facilities. Six new trees will be planted in early February to replace the removed trees. B A K E R S F I E L D DATE: February 3, 2004 TO: Alan Christensen, Assistant City Manager FROM: Holly Larson, Supervisor RE: January Monthly Report Mill Creek Proiect: The committee completed the grant application and submitted it to the state in mid January. Now we wait for a response on funding. Aquatics: Our first manager assessment was held on January 10. Ten applicants participated. Decisions on pool management staff will be determined after the final round of assessments scheduled for February 7. Interviews have been taking place to hire lifeguards for the 2003-04 season. Fiftey-two candidates have been selected thus far. Our last interviews are scheduled for this week. We are now maintaining a waiting list of those interested in interviewing due to the reduction in staff caused by pool closures. Aquatics Club of Bakersfield is currently renting Silver Creek Pool for swim practices. Aqua Yoga and Aqua Fitness classes are scheduled in the evenings at Silver Creek. There were no sign ups for the January Aqua Yoga class. We had 3 participants for Aqua Fitness. The high schools begin using Silver Creek and Jastro pools beginning February 2, 2004. C:\Documents and Settings\sforsyth\Local SettingsWemp\monthly report.docC:\Documents and SettingsXsforsyth\Local Settings~Temp~rnonthly report.doc 3/4/200410:09 AM B A K E R S F I E L D Department of Recreation and Parks Date: February 2, 2004 To: Alan Christensen, Interim Director From: Terri Elison, Recreation Supervisor Subject: January Monthly Report Silver Creek After School Proqram ......................... 524 Attendance ......................... 28 Average Daily Attendance Silver Creek After School Program discovered the world under the sea with crafts, games, stories, and "Finding Nemo" trivia questions. Highlights also included a "Game Week" complete with their own Super Bowl party, various arts and craft activities, and playing "human pinball". Silver Creek Rentals ................................................... $0 (F,gur, do~s no,,nc,,.do ~,o,,s> The Silver Creek multi-purpose room and/or pavilion were not rented the month of January due to the budget situation. Silver Creek Center Due to the budget crisis, Silver Creek Center had to close Monday and Wednesday nights at 7:00 p.m. This caused four classes to be canceled that were scheduled those nights. They were Scrapbooking, Photography, Painting with Acrylics, and Painting like the Pro's. Refunds were given for those individuals that had signed up for these classes. Each of the contract instructors were willing to wait and see if circumstances improve. Vandalism continues to be a big problem at Silver Creek. The marquee was vandalized again so staff replaced the Plexiglas with Lexan which is a stronger glass. Classes at Silver Creek: # Registered Total Attendance Ballet & Gym (6 - 11) 13 52 Ballet & Gym (3 - 5) 15 60 Calligraphy Workshop 5 5 6:35 PM 2/3,/2004 C:\Documents and Settings\s!brsyth\Loca! Settings\Temp\Te~ Jan 2004 Report.doc Created by Telison Chess no class no class Clogging 24 96 Dance & Gym (4-5) 4 16 Dance & Gym (2-3) 6 24 Dog Obedience no class no class Guitar 6 24 Jewelry Making (Beading) 2 2 Journal Writing to Memoirs no class no class Kardio Kick 14 98 Karate 20 160 Knitting & Crocheting 6 24 Pilates 3 33 Poetry no class no class Tai Chi 12 84 Tennis (Child-Beg) 4 32 Tennis (Child-lnt) 6 48 Tennis (Adults) 1 8 Upholstery 10 40 Yoga 3 24 TOTAL 154 830 Classes at Other Facilities # Registered Total Attendance Siemon Park Tennis (Child) no class no class Tennis (Adult) no class no class All Star Dance Studio Dance & Gym (2 1//2 - 4) 5 20 Dance & Gym (4 - 5) 1 4 American Academy of Gymnastics Gymnastics (4 - 5) 2 8 Gymnastics (You & Me) 1 4 Gymnastics (K - 6yrs) no class no class TOTAL 9 42 Attendance Silver Creek Center: Rentals ......................................... 0 Classes ........................................ 830 Registrations Taken: 188 After School Program ................ 524 # of Guests Served: 293 (The # of Guests served does not include registration) TOTAL .................... 1,354 6:35 PM 2/3/2004 C:\Documents and Settings\sforsyth\Local Settings\Temp\Terri Jan 2004 Report,doc Created by Telison B A K E R S F I E L D Department of Recreation and Parks Monthly Report January 2004 Dr Martin Luther Kin~l Jr. Community Center Youth Activities Sports Basketball We continue to meet and discuss ways that our agencies (PAL, Friendship house, Boys and Girls club) may come together and offer grass root sports programs in the community. We are still planning on an after school basketball program here at the center. Originally we were going to start in January but because of some staff changes at PAL we moved the league back and are hoping to get started as soon as possible. Boxing We are in the preliminary stages of discussion with PAL to offer a beginning boxing program here at the center. It is our plan to offer non contact beginners boxing for youth ages 6 to 10 years of age. Game room/Gym Due to the abnormal situation of opening and closing the game room and gym on separate days to accommodate gym participants and the game room, we are going to move several games and tables in the gym, thereby one staff person can supervise both activities, this will allow us to keep both rooms open. Dean Jones Page 1 2/4/2004 2:35 PM B A K E R S F I E L D Department of l~ecreation anal Parlzs Date: February 2, 2003 To: Sally Ihmels, Recreation Superintendent From: Linda McVicker, Recreation Supervisor Subject: Monthly Report for January ADULT SOFTBALL Adult Softball has been on a break during the Winter season. We will begin getting the fields ready in February to begin with the Spring season on March 8th. Registration for the Spring season will end February 27, 2004. LOWELL NEIGHBORHOOD COMMUNITY CENTER The Lowell Neighborhood Community Center was closed during the month of January. We will be taking the supplies and equipment from the center this month to store and utilize at other sites. UP COMING EVENTS We have several sports events coming up for Spring and Summer. Frisbee Golf will begin on Saturday, April 17th. Pee Wee Track will begin on Saturday, May 8th. T-Ball will begin on Saturday, June 12. B A K E R S F I E L D Department of Recreation and Parks Date: February 2, 2004 To: Allen Abe, Assistant Recreation and Parks Director From: Ken Trane, Park Construction and Facilities Planner Subject: Parks Department Planning and Construction Activity Planning The Park Master Plan has been completed for the City in the Hills Project in northeast Bakersfield. The plan generally locates about 29 acres of park land at 4 locations within the project. A consultant has been selected to develop plans and specifications for the Wayside Park Playground Rehabilitation Project. Construction is scheduled for completion in late summer of 2004. Construction The Wayside Park Wet Play Area Project is proceeding into the design phase. City Public Works and Recreation and Park Staff will work together with vendors to develop the design and create plans and specifications. Construction is scheduled for completion this summer. A 10,000 square foot vacant area to the west of the new Convention and Visitors Bureau will be improved into a mini-park with landscape and hardscape improvements. The Veterans Memorial Park Committee has shown an interest in collaborating with the city to provide a memorial at the site within a 20' radius "center piece" of the mini-park. The city's landscape and hardscape improvements should be complete within the next few months. The Veteran's are currently gathering support and discussing design criteria. Fire Station 15 at Deer Peak and Buena Vista Road is complete. The landscape improvements are all installed with the exception of hydroseed turf. City maintenance responsibility to be parks divisions in early August. Grants Proposition 12 We have received the first 1 million dollars from the Per Capita Grant Program under Proposition 12, We will eventually receive 2,4 million dollars under Proposition 12 for funding of the Bakersfield Ice Center, Proposition 40 Fully executed contracts for the Roberti-Z'berg-Harris Block Grant Program under Proposition 40 have been achieved with the California State Parks. We can now identify projects. Development Services Department Notes March 4, 2004 Planninq: 1. Kern COG has selected Jim Movius, Principal Planner, as the recipient of a Regional Award of Merit in the category of Distinguished Leadership. The awards ceremony will be held Thursday evening, March 4, 2004. 2. LAFCO held a workshop on Tuesday, February 4, 2004 to consider LAFCO's involvement in city planning. The panel included Lloyd Zola (consultant to Shafter), Pauline Larwood (Smart Growth), Ted James (Kern County Planning Director), John Guinn (Shafter City Manger) and Stanley Grady (City of Bakersfield Planning Director). The Shafter contingency promoted sales tax sharing. Mr. James thought it was good for LAFCO to resolve conflicts between cities. Ms. Larwood opposed sprawl but interestingly suggested that Bakersfield should have a permanent representative on LAFCO. Mr. Grady reminded LAFCO that it had no authority over zoning and general plans. He asked that they adopt policies for review of annexations that were reasonable and applied fairly to all cities. He also pointed out how LAFCO's approval of special districts just outside the city encouraged sprawl. 3. On a related matter, our consultant has delivered a first draft of a municipal services review for editing. That study when completed will serve as a basis for expanding the city sphere of influence for future growth of the city. LAFCO is required to review this while considering amendments to the sphere of influence. 4. The committee for the Planning Commission conducted its first neighborhood meeting in Rio Bravo over future buildout of that neighborhood on Wednesday, February 25, 2004. The first meeting was to identify all the issues of concern. They met again March 3, 2004 at 5:30 p.m. in the City Council Chambers to discuss possible solutions. 5. The County Recorder has started charging $25.00 per environmental document posted. Depending on the case, there could be up to three required. We are passing that cost on to applicants plus a $25.00 per case handling fee because we have had to set up an account with the county and now need to manage and keep books on dollars collected and used for that purpose. 6. We are currently processing six EIR's and issuing requests for proposals to start three more within the next 90 days. We anticipate five or more will need to be started this summer. I ~ have approved a recommendation by staff to streamline the environmental review process. Over the years extra steps and work have been introduced into our local guidelines. I have also. asked for an evaluation of possible outsouming of management of the environmental review process, either by a separate firm or expansion of EIR contracts. To give you a sense of our changed world, between 1990 and 1995 we only did one EIR, now we are looking at doing a dozen this year (N.B. The planning staff is 17% fewer than it was in 1990). Development Services Notes Mamh 2, 2004 Page 2 7. You may have noticed that construction has continued on the Wal-Mart store at Panama Lane and Highway 99 even though Judge Twissleman required more work on the EIR. He also authorized completion of the walls and roof to secure the building. His decision on the case has been appealed by the project opponents. Being embedded in litigation has interfered with our ability to pursue "big box" policies in the Planning & Development Committee. Staff continues to gather information in preparation for the time we can deal with "big box" issues. 8. Dave Cross received conditional site plan approval for a nine story, 132,336 sq. ft. office building at 1300 "Q" Street. 9. There is a plan for commercial development of the northeast corner of Meany and Coffee Road in site plan review. 10. There are eleven general plan cases in process. Of those, four will be heard by the Planning Commission on March 18, 2004. The others will be considered upon completion of environmental reviews. It is expected that the four cases will be heard by the City Council on May 12, 2004. 11. Current Planning is processing 48 subdivisions, four zone changes and two appeals. 12. I met with Gordon Nipp and Arthur Unger on Thursday, February 26, 2004 to talk about the idea of a "zero" emissions requirement on project approvals. They are okay with the concept and anxious to proceed! We may have issues to resolve in methodology and implementation. Buildinq Inspection: 1. Two new Kohl's stores have been completed and their grand openings will be March 5, 2004. 2. Work has begun on the 400,000 sq. ft. expansion of Dryers Ice Cream Plant. It will take a little over a year to complete. '3. Two 40,600 sq. ft. medical office buildings have been permitted for 3838 San Dimas Street. 4. The Bureau of Automotive Repairs has received a permit to build an office and shop on Sellect Avenue. 5. Stier's RV has received a permit for construction of a 45,000 sq. ft. parts and service building. 6. A 50,000 sq. ft. mini storage at 5500 Knudsen Avenue is in for plan check. 7. Permit activity continues to outpace previous years. Refer to the attached graph. 8. Code Enforcement is adjusting to its reduced capacity to respond to complaints by focusing attention on higher priority health and safety threats. Two cases made notorious by TV news coverage last month involved abatement of raw sewage flows in apartment complexes. P:\Memos\Dev Serv Notes.doc B A K E R S F I E L D MEMORANDUM TO: Alan Tandy, City Manager FROM: Jack Hardisty, Development Services Di DATE: March 4, 2004 SUBJECT: Removal of tumbleweeds / Referral No. 699 Councilmember Carson requested staff remove tumbleweeds on a vacant lot located on Jumbuck Lane near Alice Springs Avenue. A violation notice was mailed to the owner on February 20, 2004. A reinspection was conducted and the property has been cleaned. B A K E R S F I E L D PUBLIC WORKS DEPARTMENT CITY OF BAKERSFIELD MEMORANDUM March 1, 2004 TO: ALAN TANDY, CITY MANAGER FROM: RAUL M. ROJAS, PUBLIC WORKS DIRECTOR SUBJECT: 4-WAY STOP AT EL TORO AND BELLE TERRACE Council Referral #701 Staff is requested to respond to Mr. Crawford regarding his petition for the placement of a stop sign at the corner of El Toro and Belle Terrace. Additionally, report on the status of curbs and gutters on the south side of Belle Terrace in the same area. The intersection of Belle Terrace and El Toro was last analyzed at the request of Mr. Crawford in August/September of 2002, right after school started that year. The investigation concluded that the intersection of Belle Terrace and El Toro did not meet any warrants for 4 way stop sign control. At the time of the study, there had been no recorded accidents for the previous 12 month period. For the volume warrant, the main street traffic volume was only 428 vehicles per hour and the side street volume average was only 27 vehicles per hour. This is far from meeting the minimum volume warrant (200 vehicles per hour on the side street). A previous study done in May 2002 had the same results. Since it has been over one year from the last study, Traffic Engineering will re-study the intersection for stop sign controls within the next 4 to 8 weeks, depending on staffing and weather conditions. The curb and gutter project for the south side of Belle Terrace is part of Traffic Engineedng's Safe Route to School project grant. This improvement project is nearing start of construction. The Grant application was submitted in early 2003 for this area of Belle Terrace adjacent to the school. The City received a grant and on October 15, 2003, Caltrans gave notice that the funds had been obligated the project. On November 24, 2003, the plans were completed and the project advertised for a short period (21 days) to rush the project. On December 16, 2003, the bids were opened and Bowman Asphalt was the apparent Iow bidder. On February 11,2004, City Council approved the award of the contract to Bowman Asphalt. The contracts have been signed and the project will start after the required insurance documents have been submitted by the contractor. Mr. Crawford was contacted and informed of the project status. G:\GROUPDA~Referrals~,004\02-25\701 - Traffic_Streets.doc ~Rh°nda S~iieyI~ Fwdi:~r~nsient OutdOOr B~sines~es ..................................... ~Age !~'1 From: Alan Tandy To: Rhonda Smiley Date: 3/1/2004 2:22:15 PM Subject: Fwd: Transient Outdoor Businesses >>> Cheryl Simpson 3/1/04 9:12:00 AM >>> FYI: At the 'February 25th Council Meeting a council member questioned whether or not the county requires permits or licenses for Transient Outdoor Businesses, The answer is yes. The permits are obtained-from the Kern County Sheriff's Department Permit/Licensing Unit at 1350 Norris Road, phone number (661) 391-7690.' I spoke to sheriff's deputy Larilee Abiecunas who does the .permit and licensing enforcement .for the entire county. She stated that she issued 13 citations a day to illegal vendors over Valentine's Day weekend, i~!AR - 4 2004 i\rANAGER'S' .... B A K E R S F I E L D PUBLIC WORKS DEPARTMENT CITY OF BAKERSFIELD MEMORANDUM March 2, 2004 TO: ALAN TANDY, CITY MANAGER FROM: RAUL M. ROJAS, PUBLIC WORKS DIRECTOR~-~___-~ SUBJECT: FISCAL YEAR 2003-04 BUDGET WORKSHOP QUESTIONS Question No. 17- Follow Up Requested a response from staff regarding efforts to explore grant funding to assist with funding the Graffiti Removal Program. (Councilmember Benham) Staff contacted Teresa Grossi of the California Department of Housing and Community Development Department, Code Enforcement Grant Program Section. We were advised that there are no funds left in this program at this time. G:\GROUPDAT~Georgina\Question No. 17 Follow Up 3-2-04.doc .B A K E R S F I E L D:: PUBLIC WORKS DEPARTMENT CITY OF BAKERSFIELD MEMORANDUM March 1, 2004 TO: ALAN TANDY, CITY MANAGER FROM: RAUL M. ROJAS, PUBLIC WORKS DIRECTOR ~ SUBJECT: WATER AVAILABILITY IN SECTION 9 NORTHEAST Council Referral #702 Councilmember Maggard requested staff provide information to S&S Builders regarding the availability of water in Section 9 in the northeast and report back to Council. Staff to explore the feasibility of forming in Assessment District to assist in providing the necessary infrastructure. It is possible for the City to aid in the formation of an Assessment District, however, water is a private utility. The Assessment District would have to be formed with taxable bonds, as tax-free bonds cannot be used to pay for private utilities. G:\GROUPDA'P, Referrals~2004\02-25\702 - Marian.doc B A K E R S F I E L D MEMORANDUM March 3, 2004 TO: ALAN TAND~~AGER FROM: FLORN CORE-WATER RESOURCES MANAGER SUBJECT: WATER AVAILABILITY IN SECTION 9 NORTHEAST Council Referral ID: Ref000702 "Councilmember Maggard requested staff provide information to S & S Builders regarding the availability of water in section 9 in the northeast and report back to Council. Staff to explore the feasibility of forming an assessment district to assist in providing the necessary infrastructure." Section 9 in the northeast area of Bakersfield is referring to a site that is located between Masterson St. and Alfred Harrell Highway, north of the future Paladino Ave. It is on high ground that will have views overlooking the Kern River and the surrounding area. S & S Builders is represented by Dan Pike in Bakersfield. There is water available since the completion of the new California Water Service Co.'s Bakersfield Water Treatment. Mr. Pike has met with Cai Water and was given the information on water pipeline extensions needed to serve the development. The developers will need to extend existing water transmission mains and install 2 booster pumps in order to serve the proposed developments. From the map provided showing future Tract No. 6137, containing 316 lots, it appears that water mains extensions of about 2000' of 30" diameter pipe, approximately 2100' of 24" pipe, 2000' of 12" diameter pipe and 2 booster pumps will need to be installed to meet the demands and fire flow requirements of this proposed tract. The costs could range from $700,000 to $900,000 for these mains and the pumps. The costs would be fully refundable by Cai Water to the developers. The mains would also be able to serve other future tracts in the section 9 development of S & S Builders' property. The Public Works Department will review the feasibility of forming an assessment district to address the infrastructure issues. RECEIVED '' MAR - 5 ~ CITY MANAGER'S OF DEPARTMENT OF RECREATION AND PARKS DATE: March 1, 2004 TO: Alan Tandy, City Manager Interim Director Recreation & Parks ~j FROM: Alan Christensen, SUBJECT: LOCATION FOR AN INDOOR SOCCER FACILITY/PARK Ref000706 (Ward City Wide) Staff is requested to review information provided by citizen regarding a proposal for an indoor soccer facility. Which would be located at a city park at no cost to city. Staff is to identify a park and respond back to council. Staff met with Mr. Victor Placencia and discussed his ideas of a Soccer facility at a city park. He stated the cost of such a facility is estimated to be about $15,400 and he would be responsible for obtaining the funding. Mr. Placencia is asking the City to provide was one tennis court in a city park that could be converted to a soccer facility. He is also interesting in organizing and conducting soccer games at the facility as a private enterprise. Initially, Mr. Placencia identified Grissom and Wilson as possible parks for such a facility. But Grissom does not have any tennis courts and Wilson's tennis courts were just recently resurfaced. Staff is very hesitant in changing the use of the tennis courts at Wilson because of its high tennis use and interest. After reviewing tennis court facilities around town, staff is suggesting to Mr. Placencia that Beale Park tennis courts might be considered as a possible site. Staff will pursue this alternative with him in the coming weeks. W:\Council Referrals 2004\Ref000706.doc March 5, 2004 (9:55AM) ' "RECEIVED - MAR - 3 HUMAN RESOURCES DIVISION , MEMORANDUM HTY MANAGER'S OFFICE TO: ALAN TANDY, CITY MANAGER i~ ~,~/' FROM: CARROLL HAYDEN, HUMAN RESOURCES MANAGER DATE: MARCH 1,2004 SUBJECT: PERS COMPLICATIONS AND RE-HIRING RETIREES Council Referral No. Ref000704 (Ward 5) ICouncilmember Hansen requested staff provide written information regarding the re- I hiring of retired employees and complications, if any, with PERS. I Normally, a retired person receiving a monthly allowance from PERS may not be employed in any capacity by a PERS employer unless they have first been reinstated from retirement, thus ceasing any retirement allowance. However, there is an exception for re-hiring retired employees, by any PERS employer, if the retired person is hired as a temporary employee and does not exceed 960 hours in any calendar year for all employers. The re-hiring must be either during an emergency to prevent stoppage of public business or because the retired employee has skills needed in performing work of limited duration. Another avenue to use the assets of a former employee would be to hire the retiree through a consultant. To hire a retiree as an independent contractor would most likely not meet the criteria established by the federal government for an independent contractor as we would often be dictating the scope of the work, providing the work place, and necessary equipment. If the retiree were hired through a consultant, the City would not be the employer, thus the number of hours worked would not have to be kept below 960 as the work would not be through a PERS contracting agency. CH/kec S:~(aren\Council Referrals~memos\Councilmember Hanson referral 2-25-04 PERS & rehidng retirees.doc .... RECEIVED · , ,: ',:&~':ER's OFCzlCE B A K E R S F I E L D PUBLIC WORKS DEPARTMENT CITY OF BAKERSFIELD MEMORANDUM March 1, 2004 TO: ALAN TANDY, CITY MANAGER FROM' RAUL M. ROJAS, PUBLIC WORKS DIRECTOR SUBJECT: GRAFFITI IN STONE CREEK AREA Council Referral #705 Staff is requested to remove graffiti in the Stone Creek area, near Wible Road. The Stone Creek area near Wible Road was extensively vandalized by graffiti. City anti-graffiti crews worked four days to document and remove the graffiti in this area. G:\GROUPDAT~Referrals~004\02-25\705 - GS.doc I~ Rh0nda Smiley':"~wd: White Lane at stat~' Route 99 Page 1 1 From: Alan Tandy TO: . Rhonda Smiley Date: 3/4/2004 8:53:10 AM Subject: Fwd: White ~Lane at State Route 99 >>> -Nick Fidler 3/3/04 2:11:43 .PM >>> Jack, In response to Councilmember Salvaggio's request for information on: 1. Height of soundwall and why wall.stopped? and .pattern of soundwall? The soundwall is planned to be 4.37 meters (14'-4") in height. Currently, the contractor has constructed the foundation(CIDH) and base of the soundwall. The base of the soundwall is a concrete barrier and the remaining wall will be a splitface block with two.rows of flutted block and two rows of smooth block at the top. The Soundwall is to match the ~wall about ~,~ mile :north of White Lane on S~R. 99. The contractor was to begin constructing the blockwall next week, but due to a shorthfall in .production of the approved flutted block, this may be delayed. T. he block supplier-has indicated there is a 3 month-delay in suppling the flutted block due to production ~runs. Granite-is looking for other block suppliers which can match the flutted block needed. If they can find a supplier that will match the block, Granite will continue with -their schedule to begin construction next week. If they cannot, the block wall will be postponed until a new supplier can be approved; Granite will then begin the construction of the northbound offramp insted. 2. Aux Lane schedule? Caltrans has reccommended Griffth Construction Company as the responsible Iow bidder for the Southbound auxilary lane at White Lane. Their.preposed schedule is as follows: Award Contract: April 5, 2004 Begin Construction: May 10, 2004 Construction Complete: March 1,2005 Thank you Nick Fidler B A K E R S F I E L D PUBLIC WORKS DEPARTMENT CITY OF BAKERSFIELD MEMORANDUM March 1, 2004 TO: ALAN TANDY, CITY MANAGER FROM' RAUL M. ROJAS, PUBLIC WORKS DIRECTOR ~ SUBJECT: GRAFFITI ON SOUTH H AT WILSON Council Referral #707 Staff is requested to remove graffiti from the canal walls on the corner of South H Street at Wilson. Additional graffiti is on H south of Wilson. The Anti-graffiti crews will be removing the graffiti on March 3, 2004, in the Wilson Road South H area. G:\GROUPDAT~Referrals~2004\02-25\707 - GS.doc