Loading...
HomeMy WebLinkAbout06/18/04 B' A K E R S F I E L D CITY MANAGER'S OFFICE MEMORANDUM June 18,2004 TO: Honorable Mayor and City Council FROM: Alan Tandy, City Manager SUBJECT: General Information 1. Updated information on the Sphere of Influence issue and the LAFCo Board of Commissioners meeting scheduled for next Tuesday at 5:00 p.m. is enclosed, including: a. A letter sent to the LAFCo Board in response to the Executive Officer's recommendation; b. An letter from the City Attorney to LAFCo's attorney which expresses the legal opinion that LAFCo should not be meeting on the SOl issues next Tuesday; c. The Development Service Director's report on the Executive Officer's recommendation; d. The Executive Officer's recommendation; e. Compromise proposal sent from my office to the city manager of Shafter; f. Communications between the Shafter city officials and me, in which we requested Public meetings to discuss the issues, and they insisted on private sessions. 2. The time frame for us to hear whether or not we get the "Mill Creek" grant has been moved back to sometime in July. 3. The McMurtrey Aquatic Center was very busy this week. Quick adjustments were made to get more shade, increase seating, and provide garbage containers. The grand reopening for the MLK pool took place this week with very good neighborhood response. A chart showing the attendance numbers for the pools through Friday afternoon o,f this week is enclosed. As expected, the great majority of use has taken place a~t McMurtrey with all the excitement and media focus this week. Attendance at the other pools will likely pick up as the season progresses. We will continue to monitor the usage and report to you. Honorable Mayor and City Council June 18, 2004 Page 2 4. Wastewater Treatment Plant #3 experienced a power failure and subsequent equipment shutdown on Wednesday of this week, which resulted in a sewage spillage onto two properties, near Gosford and McCuchen. We initiated clean up operations as soon as we found out about the overflow and will continue until all the water has been picked up and the ground has been properly cleaned and disinfected. The spill was reported to the proper authorities. The plant is back in normal operation; PG&E is investigating the power supply issue and staff is looking into the equipment failure. We will provide an update as soon as more information is available. 5. As expected, the June 15th constitutional deadline to approve a State budget came and went, as the Legislature and the Governor have not come to terms on numerous issues and, of course, no budget has been adopted. Articles from the June 12th and June 15th editions of the Sacramento Bee are enclosed on that subject. As mentioned last week, the Budget Committee has come up with an aggregate proposal to modify the Iocalthgovernment amendment plan. An article is enclosed from the League's June 11 newsletter with a summary on why this latest plan would just be another clever variation on how the State could take our funds from US. 6. The Assistance League has officially taken possession of the former State employment office at 1924 Q Street. A "passing of the keys" ceremony was held today, Friday, June 11th. The developer can now move forward with his plans for their former location on California Avenue. 7. Recreation and Parks activity report for May is enclosed. 8. Responses to Council requests are enclosed, as follows: Councilmember Benham · Tree trimming for safety issues at 19th and Eye Streets; · Staff report on the feasibility of a "Demonstration Parking Lot" at 20th and K Streets; · Painting of light poles at Jastro Park; · Status of consideration of curbside recycling suggestions from citizen by staff and committee; · Contact with citizen regarding delayed police response; Councilmember Ma,q.qard · Follow up correspondence to GET on request for funding to repair damaged pavement at bus stops; i' Councilmember Hanson · Additional information regarding the non-profit business license processing fee; Honorable Mayor and City Council June 18, 2004 Page 3 Councilmember Sullivan · Graffiti removal at Beale Park Amphitheatre; · Follow-up information as to the City's inability to provide funding to the Bakersfield Symphony; Councilmember Salva.q.qio · Update on the White Lane / State Route 99 bridge widening project; · Update on the traffic analysis for the intersection of Fremont and Wilson Road. AT:rs ,) cc: Department Heads Pam McCarthy, City Clerk Trudy Slater, Administrative Analyst CITY OF BAKERSFIELD June 18,2004 Board of Commissioners Local Agency Formation Commission 5300 Lennox, Ste. 303 Bakersfield, CA 93309 Ladies and Gentlemen; The City of Bakersfield is in receipt of Executive Director Bill Turpin's recommendation for the Sphere of Influence Amendments for the Cities of Bakersfield and Shafter. Please be advised that it is our City' Attorney's opinion that the issue is improperly before LAFCO because Government Code section 56425 has not been complied with. Please see .the attached opinion. We are shocked and extremely displeased with the recommendations in the following major areas: 1) Denial of most of the Bakersfield application, includinq Areas 4 (the maiority of the area) 5, 7 and 8_. The City of Bakersfield: put forward avery conservative application for~a. Sphere of. Influence change. We only requested inclusion of areas where land owners requested it. We provided a services study showing a full Capability to provide services. Despite that, Mr. Turpin recommends denial in opposition to the property owners' desires and those of the City of Bakersfield. The justifications for denial, at best, are weak and could be characterized as shooting from the hip. They are unsupported by an objective fact or issue of law. Mr. Turpin would stop the growth of the City of Bakersfield in several directions with his arbitrary recommendation. Bakersfield is in a record period of growth, and pressures to develop are realistically based on need. The denial of petitioned inclusions within the Sphere reflects poor judgment and a lack of serious consideration to the long-term consequences. The adoption of Mr. Turpin's recommendations will cause long-term economic hardship to Bakersfield and its business community. The City of Bakersfield respectfully requests that the LAFCO Board approve all of the areas that : have been petitioned by property owners and which are undisputed, other than by Mr. Turpin's recommendations. That included all of Areas 4, 5, 6, 7 and 8. City of Bakersfield 1501 Truxtun Avenue .Ba.k_er~$field · California · 93301 326-3751 · Fax (661) 324_-1850 : . ._* _ .,. ; : -- _. .- _ . ....... LAFCO Board of Commissioners JUne 18, 2004 2) Shrinkaqe of the City of Bak~rsfield's existinq Sphere of Influence and brinqin,q of the City of Shafter into BakerSfield's Metropolitan Planninq Boundary.. We break the issue of overlapping territory requests between Shafter and Bakersfield into two parts because the issues are somewhat different for each. Unknown to the City of Bakersfield until the last few weeks, the City of Shafter has petitioned to'shrink the existing Sphere of Influence of the City of Bakersfield by removing areas, some of which have-been within our sphere for as far back as 1969. All of that area has been within our Sphere since 1989. This is an area of more than 1,000 acres along 7th Standard Road going ~ mile to the North. Annexation petitions already place us adjacent to the property in question. The City of Bakersfield and Kern County approved Alternate 15 for future highway planning purposes through this area. The City of Bakersfield is actively working with Congressman Thomas to get funding for that highway. Our past actions, current growth and all reasonable expectations say that what ~has been in place since 1969 and what we have relied upon should not be taken from us. The recommenda[ion of Mr. Turpin also arbitrarily moves Shafter into the Metropolitan Bakersfield Planning Boundary, an area which the City of Bakersfield and County of Kern have worked on with respect to planning efforts for the past 20+ years. The City of BakerSfield respectfully requests .that the LAFCOBoard not. unilaterally shrink the City of Bakersfield's existing Sphere of Influence, and that the MetropOlitan Planning Boundary not be encroached upon. 3) Balance of Areas 1,2 and 3 - claimed by both Shafter and Bakersfield. We found out only recently that property owners within these areas petitioned'both the Cities of Shafter and Bakersfield to be included within their respective .Spheres of Influence. Very recently, after the services study was complete and paid for, they advised us that they were withdrawing their .request to be included in Bakersfield's Sphere. Our initial reaction was to acquiesce to their wishes, other than the portion of their property which would shrink our existing Sphere. Then, however, we read the services study for the City of Shafter, and as a result we have major concerns for the City'of Bakersfield and County of Kern. The Shafter services study and related environmental documents' contain deficiencies, errors and incorrect statistics..Some of our major concerns are as follows: A) Freeway ali.qnment and local matchin.q monies for roadway funding. Bakersfield's City Council and the County of Kern jointly adopted Alternate 15 for highway planning in Metropolitan Bakersfield. For highway 58, the alignment starts north of 7th Standard Road and swings south of 7th Standard as it goes westerly. The Shafter services study shows a different alignment for that highway 3-~ miles to the north. Shafter, it appears, has a freeway plan of its own, separate'from that of Kern County and the City of Bakersfield. It is inconceivable to us that the joint efforts of Kern County and the City of Bakersfield are to be ignored by Shafter on a critical issue such as this. Further, highway funds requirea'20% local match. We haVe presumed/this would be funded by the adjacent jurisdictions. The City of Bakersfield will' receive about $16 million thisI year in traffic impabt fees. A review of Shafter's budget shows it receives no sUch'fees .and they are not :large LAFCO Board of Commissioners June 18, 2004 ' ~ ' Page 3 enough to generate the amount necessary for the match, even if they adopt such a fee. Shafter does not appear to have the mechanism to generate the tens of millions of dollars necessary to match federal highway funds. That would place the extra project of relocating Highway 58 in jeopardy. It is too great a risk for Kern County and Bakersfield to accept. B) Water Rights The City of Bakersfield is the owner of Kern River water rights and is' fully capable o~ providing water service to the disputed area without overdrafting the water basin, and without relying, upon the speculative provision of water rights by those who do not have the legal ability to serve.' The Shafter services study incorrectly states that the water basin is not in overdraft. It is. It further speculates about possible water supply sources, none of which have a current right to serve the disputed area and all of which will encounter legal challenges, should they attempt to. In short, the water supply issue as submitted by Shafter is deficient. C) Reality of Service~ Bakersfield's active growth is ~ mile from the property in question. Shafter is six miles away. While it may be inviting for Shafter to attempt to encroach into Bakersfield's growth, it is simply illogical. It is not reasonable to provide services jumping six miles from your developed territory as Shafter wishes to do. An objective review of the services study would reflect only one .realistic service provider - the City of Bakersfield. D) Deficiencies in Municipal Services Review (MSR) . There are numerous deficiencies in the proposed negative declaration for the Shafter MSR, as well as the MSR itself. These defects will be addressed in detail under separate cover at a later time by our Development Services Director. However, due to the gravity of the decision before you, and the integrity of the process, we believe that it would be in the best interests of LAFCO and the involved cities to delay any decisions on these issues until a more thorcugh review of the environmental documents can be conducted. Nonetheless, Bakersfield has offered Shafter a compromise proposal - a copy of which is attached, which, we believe is more than reasonable. Should Shafter not be willing to accept the compromise proposal, the City of Bakersfield respectfully requests that the disputed area be put on hold until more efforts can be attempted to reach an acceptable compromise. Sincerely, Vice Mayor, David Couch Attachments. C: Honorable Mayor and City Council Virginia Gennaro, City Attorney Bill Turpin, Executive Director - LAFCO CITY ATTORNEY Virginia Gennaro DEPUTY CITYATrORNEYS Alan D. Daniel Allen M. Shaw Robert M. Sheffy CITY OF BAKERSFIELD OFFICE OFTHE CITYATTORNEY 1501 TRUXTUN A. VENUE BAKERSFIELD, CA 93301 TELEPHONE: 661-326-3721 FACSIMILE: 661-852-2020 June 18, 2004 VIA FACSIMILE & FIRST CLASS MAIL (661) 327-1203 Thomas F. Schroeter, Esq. 254 "H" Street Bakersfield, CA 93304 Dear Mr. Schroeter: As the attorney for LAFCO, you are no doubt aware of the upcoming June 22, 2004 LAFCO meeting at which public notice suggests that the Commission will discuss the Municipal. Service Reviews and modifications to the Spheres of Influence for the Cities of Bakersfield and Shafter. In preparing for the City of Bakersfield Sphere of Influence presentation, we now believe that the LAFCO meeting is premature, in light of Government Code section 56425 and perhaps 56428. The former section requires cities to first discuss the proposed sphere amendment with the County in an effort to reach agreement prior to submission to LAFCO. Section 56428 requires that the executive officer of the Commission provide the affected local agency (City of Bakersfield) a written notice 21 days prior to the date of the hearing. We do not believe the notice requirement as to the City of Bakersfield was followed. In light of the above, the City of Bakersfield is in the process of scheduling a meeting with County representatives. In the meantime, we believe that it would constitute legal error for LAFCO to entertain determination, let alone any discussion, of any City's Sphere of Influence proposal until each City has clearly demonstrated compliance with pertinent Government Code Section(s). Our reading of the Government Code in corresponding cases suggests that the failure to comply with such section(s) will place said city(s) and LAFC© in a potentially vulnerable legal position. Thomas Schroeter, Esq. June 18, 2004 Page 2 Finally, please accept this letter as a formal request, under the California Public Records Act for a copy of all agreements, if any, between the County of Kern and the City of Shafter concerning modifications to Shafter's Sphere of Influence. attention to this matter./~ ~" VIF~INIA,~NNARO City Attorney VG:Is S:\GG\Letters\Schroeter.doc cc: Honorable Mayor and City Council Alan Tandy, City Manager Bernie Barmann, Esq. Larry Peake, Esq. B ,~, K E R $ F I IE 'L MEMORANDUM June 16, 2004 TO: ALAN TANDY, CITY MANAGER TOR~.. //~,~~, FROM: JACK HARDISTY, DEVELOPMENT SERVICES DIREC SUBJECT: SPHERE OF INFLUENCE AMENDMENTS The Shafter City Council' met Tuesday evening to consider, among other items, its application to amend its sphere of influence. Since we had filed an objection to the negative declaration, one of my staff members attended to see what comments and actions they would take. There were no concerns about our objections expressed. But, Wayne noted that John Guinn's presentation of the proposed sphere was very explicit about LAFCO's staff recommendation on what should be included and excluded from Shafter's proposed sphere of influence. John said he agreed with certain exclusions of areas north, west and south of Shafter but he was sure LAFCO would support Shafter's bid to extend its sphere of influence ail the way to 7~h Standard Road and reduce Bakersfield's in the process. Suspecting there must.be a staff report already distributed on our application and Shafter's, we called for a copy of it first thing this morning and one was promptly faxed to us. It is literally incredible in its shcrt-sighted baseless approach to establishing rational spheres of influence for both Shaf'cer and Bakersfield in almost every respect. A copy is attached fcr your own review. Bill Turpin obviously does not understand the need for development opportunities and advance planning necessary to accommodate a growing community. He construes the requirement to review spheres of influence not as a mandate for minimum attention to growth dynamics of cities but as a horizon year beyond which a city's growth is irrelevant. Of the eight areas Bakersfield proposed as sphere of influence expansions, he has only recomm, ended approval of about one and a third. This, in spite of the land owners having. expressed interest in developing as a part of Bakersfield and having already begun their work to develop their property. He completely disregarded the municipal services study showing Bakersfield's capability to serve those areas. Adding insult to injury, he not only .denied Bakersfield's request to expand the sphere of influence near 7th Standard Road, west of Highway 99, he has recommended that area and more including over a thousand acres be transferred into Shafter's sphere of influence from Bakersfield's. This area is some six to seven miles southeast of the town proper of Shafter divided from it by Shafter's agricultural green belt adopted to maintain its separation from the urban development of metropolitan Bakersfield. One can only wonder how this isolated outpost of development will ever identify itself as Shafter or receive the services it should receive as a city's neighborhood. A map illustrating the LAFCO staff report is attached for reference. JH:pjt p\mat-soi ~S~E ! .... I I Proposed Project Area A4O00 0 4OO0 f~et :....' ~!~;~ ;.:'::: . : :..'..":..):i -i :.' . :' i' 'i:": , I,. ' Memo Tot I. AFCo-Commissioners :~.~;William A. Turpin Executive OrB:er ~ June 14, 2004 Shelter. Both of ~ese cities have proposed an arnemJma~ of their ,~ of Influence. Both of 'these are .substanlJai amendS. The Bakersfield .proposal would add 23.2 a<luare miles to the .existing reeenm of 73 square miles (3~) which they already have belween the city limits and lJ'~eir Sphere of Influence. The Shaft~' proposal would add 18.23 square miles (l~ncmase) .to .their exislJng .resenm of 11.91 squeee miles. Both I~lS wOUld add to each agency's surplus of available'residential land. The Bakersfield housing elemer/ conservalNely tlOtJsirlg need~ a~eaement. Shalte~e .projected ~ld increase of 9.4% p~' mile. proposed amendment of Ifteir 81:~em of Inlluen~e as wail m the required that these plens be reviewmscl every 5 years. Sines this review i8 required, my ~ tO you, is tl~a[:yo~ lirn~ your ~-to areas ~M~ich PrebeblY roll planning for ara'm0~ation ~M'dch ~11 oecur in 5 years. This is ~ dramatically crdTemnt plan period It,an the 20 years,or so lhat was used most recently to cofl'espond with Ihe General Plan time fxx'izo~. This City-haS :broken down'the ~ by areas ,and I will refer to It~ir areas using u'mir n~ ~ys~n. Aa~a~ 1, 2 and 3 It*is rec~mrt~'M~ad that these ames.be included .in the Sphere of I~ order to keep parcels and *landownem in the same jurisdiction it is. also to Seventh Standard Road .in the areas where it currently extends one half mile .Axea 4, The current,pace of g~ in the N~ is tcx?id, Some of this 7,402 triangle portion of area 4 ~'~ich is east of 'the Burlington Northern Santa Fo Rail Road be added to lhe Sphere.of Irdluenc~. Ar~ S Th~ ~ ~ eun*m~ ownS.by ~ Farms ar~d"m rdamed to be portion ~ area 6 owned t~ lhe Karo Cour~ Water Aoency. It i$ re~omrnm-~l ~ and county) need .to lead II~e way in delen~ining under whal ci~ it is best to extend city (tevelopmer~ into the.buffer amasarourxt existing dairies. Area 8 This area is located on the nor~ side of ~ Kern River in an area ~ is planning-for d~4313m~t of their land adjacent to area 8 which is in the City of Bakemfield but on the south side .of ~ Kern Riv~'. Planning ap~,. ~ rerouting of' SR 178, end build up of the area already wilhi~ the city will take well into the next sphere update. It is recemmended that this ama be excluded from this 8hafts. Williams~ Act conlmcto~ in this ama ~ all issuecl nolices of servi~e ~s of. new ~ can be coordinated by them keep Ihe airport wholly within the City. r~ at Ibis time.. · Page3 BF_,PORE T~r. LOCAL AGENCY FORMATION COMMISSION COONTY OF KERN, STATE OF C~ .~Z?q])M~,TT o~ : ]~c~utio~ ~To. XXX- SPltF3~ OF INFI27ENCE: : ~ OF SllAF~R : Mi,,ute ]look $1 I, William A. Tun)in. E~zutlve Off'ucar . of the L~)C~ AGENCY FORMATION COMMISSION, COUNTY OF KERN, STATE OF CALIFORNIA, hereby certf~ that XXJO(JOC, wm (hdy ~ by the Commbstoa at an officid meeting'tbered'bdd °° thc 22d day of~unc, 20G4, bY the folowing vote: AYe: NAYE: RESOLU'I~ON MAKING DETERMInaTION Section I. WHEREASi (t) Government Code Seedon-~aS reqoires the Loe~ A~mey Formmim Counnbsioa l%esoh~m No. ~- -2- 06/22;M Commission, Counvy of Kern; and (c) la ¢oaformmace wlth C. ovtfllm~lt Code.~tctlon ~ the Comminima finds: (i) C~rreat laud .ns h this area indade, a~rituiture. NM~y qmrn rttr~ eom~ and orate spite dmipatbnL Impact ins for Wamportnthn and taber am capital pr~Jens are planned. ('n') Pre,tnt ~ ad pt ~ arc mlnlmnl co,ubtent.with'lht mrrtnt land u~_ The C-~ of Shader is in.tl~ ~dvm~al ~ ot pi~aab~ for · four lane wid,,,;-~ of Seventh Standard Road and is .l~ann~q u btmnodal tmtainer trnuftr fataity. Other spe~t im~ w~i beia~q~or~ted h ~e mecif~: ~ the Shsft~ Sphere ~'I=fl.eace. oul~hle to crelte a ~ew City. o~'S, im~zr'. Thb plan emvbimnl a vital sma~ cmmnunity tore and a privsde bng ~ hnd ns~ de~s~m~ and inveslnmnts eonsl~t~ an eeonunic eommnnity of (d) On ,lune 22. ~M ~e (~n~ hnv~g emd nnd ~mslde'td ~ ~nf~mst~n proj_-,~_~ the Commbien found and detunbed that it apldies u this project and ahab be ,md as mc en~roumeaut document-rot subject amendmeut of'tiM Sphere of Infhence. 04- -3- qNg/'ZZ,4~ Section 7. w~rgREAS: The Cemmi~i~ regis tlmt I. The .QmesflonuMre and the responses supplied by tbe subject Ioeal ageaey are $afFw. ient and the same is hereby attached ~kereM as a part of this remdutioo and the Commission adopts said Questionnairc and .reSlmOScs as-its findings with the ezceptien Section 3. NOW, THF'REFORE, BE IT RESOLVED b~ *be Local Ak~mcy Formation to ebe approved map for thc ameodment of the sphere-of .influence for the City of Shatter SP#F..RE OF INFLUENCE: : CITY OF lib ~.D : Minute Book SI I, Waltlm ~Kt Turuiu. F. xeeutive Off'~er, of the .LOCAL AGENCY FORMAT[ON. COMMX~[ON, COUNTY OF KERN, STATE OF C?,LIFORNIA, hereby eertify that the foBowing resdutlon, propMai by Commissioner XXXXXX, seconded by Commissioner AYE: NAYE: 9~SOLUT~ON MAK~G DETKRMmATION Setlion L ~S: (a) Governnum Code Seedon S642~ requires the Lo~d AZeucy lrornm~ Commbs~e devdop and dem'mlne the Sphere of Muenee for coda ioeal ~ov~ aseney within the Fa county; and LAFCKC ~6 -1- Resolu~on No. 04- -2- 06/22A)4 · (b) The staff eompleted· study of*the affected Oty for the Local Agency Formation CommissLon, County of Kern; and (c) In eonformance with-Government ~ Section 5642S the Commission funds: (~3 Area four land uses are .agric3dCm~ with a raaro~ to the .wet and an (ii) lb'uem public hctiMes are mbimd in keeping with the current hud use however, ruptd FeoJdentJal devdopme~.is idanned and me city of~ has the sbnlty ~o provide the requb'ed faclitles ·nmi servLees. (ih') Bakc,~Kid b Fdn'~ Couaty's :rarses~ .ci~ with a csrrent popuh~ion of' apprnxinUtd~ 28O,0O0. It is -a fd service city with racm6es and staff to txu~Jc scrvlces required, (iv) Area four Is adjacent to the quickly devdolin~ Ale· Road area of north west Bakerd"Jdd and wJl be a =part of the same eommunity wben-tt-forms. Are· six is adjacent to the seven otks de~t and is.proposed to be an extension of·his npi~bborboocL (d) On June ~2, ~ the CmumtssJou having read and considered the Information con·tined in the Negative DcdarntJon and having cousklered the environmental .effects of the 1.. The Quesfiooaai~ and dst-reSlMmses supplied by the subject local ageacy art sufficient and the same is l~rd)y attached berm) ns · part of this .rudutioa-and the Commission adolre.saM Qmsghnnai~ smd responses as JU flndtnp with the 'exeq~oa oJ'the rolowing** ~°ae. Section 3. NOW, 'T~RE, BE IT' RESOLVED by the Locfd ,A~*en~ Formation CommbgJon, Comfy o~'~t, ~ d ~l~orn~ ~ ~ q~irt ~d'ef~e~ h ber~.m~de ~o thc ~ m~p roF the fd~t ofthe sp~ oF influence FoF the Cit~ of' lhk~flfidd BAKER'S'FIELD Alan Tandy · City Manager .June 16,2004 Mr. JOhn Guinn, City Manager City of Shafter 336 Pacific Avenue Shafter, CA 93263 Dear John: I am in receipt of your fax dated June 15th. It appears that the result of the desire .of the City of Bakersfield to have elected officials meet publicly, and the desire of the City of Shafter to meet privately means that a joint session will not be held. Nonetheless,' we share the common goal of hoping to eliminate conflict prior to the LAFCO meeting. In an effort to resolve the issue of overlapping proposals to amend our spheres .of influence directly west of State Highway 99,~ north of Seventh Standard Road, I would propose a compromise which if you find agreeable I would present to the City Council for approval. There are four maps attaChed to this letter to illustrate our situation. They show: 1) The area between our spheres of influence, 2) Shafter's proposed expansion of its SOl, 3) Bakersfield's proposed SOl expansion, and 4) A compromise. The area between our spheres of influence, Highway 99 and Seventh Standard Road is approximately 4178.3 acres. Shafter proposes to take all of that as well as an additional 1119.1 acres from Bakersfield's sphere of influence. Encouraged by the same property owners who were courting your favor and who are already partially with the' Bakersfield SOl, .Bakersfield~ proposed to add the balance of .their property into our sphere of influence which would be 1880.8 acres leaving 2297.5 acres for Shafter's sphere of influence expansion. City of Bakersfield ° City Manager's Office · 1501 Truxtun Avenue Bakersfield,. California ° 93301 (661) 326-3751 ° Fax (661)324-1850 Mr. John Guinn. City Manager 'June i6. 2004 Page 2 Having reviewed planning areas, development service potential and property ownership patterns, I would propose a reduction of Bakersfield's application by removal .of the northeastern 302.3 acre property owned by Franmar Company. The .Franmar Company property is an all-in-one ownership and is bounded on the west and south by canals and east by Highway 99. Its southern boundary also coincides with section lines. This would result in a SOl expansion of 1,489 acres for Bakersfield and 2546.7 acres for Shafter~ The advantages of this compromise are that it would settle all future boundary issues in this area between the cities with an established match .line; the property owners and ' service providers would be able to better plan for the future with certainty; the water recharge area of Section 27 would serve as a buttress to Shafter's green belt separating it from Bakersfield; we could put this behind us and turn our attention to other pressing civic problems. HoPefully, we can take some of the pressure off of LAFCO by coming to a compromise which LAFCO could endOrse. If we are unable to resolve this issue before the LAFCO hearing on jUne '22, 2004 staff will be there to confirm Bakersfield's request that LAFCO refer the area in dispute to a committee of representatives from Shafter, Kern County, LAFCO and 'Bakersfield where we might continue working towards a resolution.. Sinc~e,r~ly, City 'Manager Attachments: 4.maps cc: Jack Hardisty, Development Services Director Bill Turpin, LAFCO Executive Officer 336 Pacific Avenue Shafter, California 932.63 June 15, 2004 Alan Tandy, .City Manager City of Bakersfield 1501 Truxtun Avenue Bakersfield, CA 93301 ' ~:/~""':' Dear Alan: I'm in receipt' of your Fax yesterday mommg and appreciate your City Council's and staff's willingness to :meet relative to our sphere and MSR studies. Like you and your City Council, Shafter believes in open government and that decisions impacting our residents should be accomplished in an open forum. I also believe that when our respective City Councils and residents have asked us to work together to address controversial issues, we should consider the most productive processes possible to accomplish our Council's .objectives while still :meeting legal requirements and protecting our public's ability to participate ,in the process of their govemance. The Shafter and Bakersfield sphere issue has been controversial. Shafter's hope is that prior to the LAFCO public ,hearing next Tuesday night, we might fred a way for Shaffer and Bakersfield to .submit a common proposal to the LAFco Board regarding the area north of 7u' Standard Road. We believe the LAFCO hearing is the appropriate public process for such jurisdictional decisions and we anticipate a decision next Tuesday. Given the controversial nature of this 'issue and the tenor of our previous meeting, any common proposal will require good faith negotiations and a willingness to compromise by both parties. I believe that developing and exploring options without the dynamic of one's reputation being tied to every suggested alternative would enhance our ability to reach an agreement. To simply pick up our previous discussion in an open forum without clear goals may very well .result in. worse, rather than better, decisions; Therefore, Shafter requests a preliminary meeting with 'one Council Member-,from' each commumty, to .be held either in your office or mine. Moreover, we clearly agree that any common proposal that may be submitted to LAFCO would be subject to all appropriate open and public review, discussion and approvals by our respective Councils. We look forward to working with you on this matter. Sincerely, City Manager City Manager: (661) 746-6365 / Fax (661) 746-0607 Finance: (661) 746-6361 / Fax (661) 746-1002 Planning/Building/Engineering: (661) 746-2065 / Fax (661) 746-9125 www.shafter.com BAKERSFIELD Alan Tandy · City Manager June 14, 2004 Via Fax: 746-0607 John Guinn City ~Manager City of. Shafter 336 Pacific Avenue Shafter, CA 93263 Re: Sphere of Influence / Services Study Dear John; I have spoken to Vice Mayor Couch. Representatives of the Bakersfield City Council and staff Stand ready to meet with ~representatives of Shafter City Council and staff virtually any time we can comply with Brown Act notice .requirements. It will have to be an open meeting. ~ We look forward to hearing from you in the hopes that a positive resolution can be reached 'for all issues. Since, r, qlY, .,~ an Tandy '~ City Manager ~ cc: Honorable Mayor and City Council Virginia Gennaro, City Attorney Jack Hardisty, Development Services Director Raul Rojas, Public Works Director City of Bakersfield · City Manager's Office · 1501 Truxtun Avenue Bakersfield, California · 93301 (661) 326-3751 · Fax (661) 324-1850 BAKERSFIELD CITY MANAGER'S OFFICE 1501 Truxtun Avenue Bakersfield,CA 93301 (661) 326-3751 Fax: (661) 324-1850 To: John Guinn, City Manager Date: June 11,2004 City of Shafter Fax #: 746-0607 Pages: 2 Pages (including cover .. sheet) From: Alan Tandy, City .Manager Subject: Joint Committee Meeting~ How does this notice, place and agenda listing look' to you? Please give us the name of your committee, committee chair and members, and staff member, if any. B A K E R S F I E' L D City of iBakersfield City of Shafter David Couch, Chair Sue -Benham Mike Maggard Staff; John W..Stinson SPECIAL MEETING NOTICE' JOINT 'MEETING OF THE PLANNING AND DEVELOPMENT COMMITTEE of the City Council - City of Bakersfield and representatives from the C!ty Council and staff .of the City of Shafter Monday, June 14, 2004- 5:15 p.m. City of Bakersfield - City Council Chambers 1501 TruxtUn Avenue, Bakersfield, CA AGENDA 1. ROLL CALL 2. PUBLIC STATEMENTS 3. NEW BusINESS A. Discussion regarding issues of the Municipal Services Studies and Sphere of Influence as they relate to Shafter and Bakersfield 4. COMMITTEE COMMENTS 5. ADJOURNMENT S:~lOHN\Council Committees\O4Planning&Development~p&dO4june14agen.doc BAKERSFIELD CITY MANAGER'S OFFICE 1501 Truxtun Avenue Bakersfield, CA 93301 (661) 326-3751 Fax: (661) 324-1850 To: Honorable Mayor, Fran .Florez Date: June 11,2004 City of Shafter Fax #: 746-9125 Pages: 1 'Page (including cover sheet) From: Alan Tandy, City Manager Thank you for your letter of June 8th which suggests that committees of Shafter and Bakersfield meet Over the issue of the Municipal Services Review and Sphere of Influence. Mayor Hall has asked .me to respond on his behalf. We think such a meeting is a fine idea. We are in the final stages of setting a time for early next week. Your cooperation is appreciated. cc: Honorable Mayor and City Council Rece:Lved: 61 8104. 3:37PM; 661 746 0607 -> Cl'Ty OF .IIAKERSFI'ELD MAYOR; Page, 2 06/05/200,t TIlE l.S:2,t F.a.J. 661. 746 0607 C1.1;7' of Shall:cz' ~1002 .]36 PaciflcAvenue shafter, California 93263 June 8, 2004' Harvey ·Hall, Mayor City of Bakersfield 1501 Tmxtun Avenue Bakersfield, CA 93301 . / Dear Mayor Hall: Over ma~y years, the cities of Bakersfield and ShaRer have worked cooperatively to serve e mutual interests of their citizens. Recently, our city staffs have tried-unsuccessfully to rea~ch Mummpal Sermce Remew agreement on how to coordinate sphere of influence updates through thc .... I process. I-know th.at Bakersfield and Shafter share a common goal to provide clear, consolidated boundaries that result in the most effective delivery 'of urban services and most efficient usei of taxpayer dollars. As the leaders of our respective cities, l believe it is in our mutual interes! to attempt to create a proccdural framework for 'mutual cooperation on this issue. Such a me~n§ would demonstrate to our staff and colleagues the level of commitment wc both feel toward mo~ng forward in a positive way. ' m With I would therefore appreciate the opportunity to send oar general government co mittec to meet a Bakersfield Cou=cil:committec of your choosing to d/stuns this in~portant issue, please contactlme directly at yom' earliest conve]fience at (661) 746-6365 to arrange for. a mutually satisfactory meeting time and place.' I look forward to applying our public service experience to develop creative solutions for the benefit of all of our current and furore residents. . .I Sincerely, ' City of Shatter Cky Manager: (661) 746-6:1651 Fax.(661) 746-0607 .' Finance: (661) 746-63611 Fax (661) 746..1007.. Planning/Building/Engineering: (661) 746-20651 Fax (661) 746.9125 ': www.$hafter.com ~Ami~-'~ from Priority Focus Page 1 of 2 Article from Priority Focus (http://www.imakenews.com/~_Lqrityfocus/e article000269990.cfm?x=b3dMTy~,blPFbtsq) June 11, 2004 Budget Update: Suggested "Aggregate" Proposal Would Perpetuate Legislative Stranglehold Over Local Revenues The Legislative Budget Conference Committee discussed the local government budget/constitutional amendment package this week - but only in the context of dramatically rewriting the constitutional protection piece to accommodate the priorities of a few outspoken legislators. In doing so they expressed an interest in considering an alternative to the constitutional protection measure that the League and its LOCAL partners had negotiated with the Governor Schwarzenegger, and the reform principles which local government representatives had worked weeks, months and years to analyze, research, draft and negotiate among dozens, even~hundreds of stakeholders. With Assemblyman Darrell Steinberg chairing, the committee assigned to the Legislative Analyst the task of writing in one day a new constitutional protection measure for local government revenue that protects the "aggregate" amount of local government revenues, but permits the legislature to move revenue around among local government jurisdictions. The proposal is one that was originally proposed in conceptual form by the Legislative Analyst's Office (LAC) in their review and analysis, of the Governor's May Revision of the budget. The idea surfaced again On Thursday in a Capitol news conference called by only three legislators (Steinberg, Torlakson and Ducheny), one city official, one county official, and a handful of housing and environmental groups. Ignoring the support of thousands of other local officials and speaking as three of the 120 state legislators, they called for retaining the ability of the legislature to manipulate local revenue sources in the future while providing some degree of overall protection. By the end of the day Thursday the LAC had produced a one page conceptual description of the proposal and indicated they had asked the Legislative Counsel to draft the proposal in bill form. League Concerns This last-minute suggested approach is disturbingly similar to the current dysfunctional state-local finance system that permits the state legislature to manipulate local government funding to accomplish state purposes -- whatever those might be. It would thwart local officials' long-sought goal of achieving greater stability and predictability in local government financing. Local governments would continue to be at the mercy of legislative whims. :;~ This is no protection whatsoever! Proposal Is "A Day Late And A Dollar Short" · Protecting local government revenues 'in aggregate' provides no protection at all. It means that the state retains control over local government resources, and the state would be free to continue manipulating funding sources for individual local governments. An approach that keeps the state in charge of the purse strings fails to provide the predictability and stability that is needed at the local level. · Protection of aggregate revenues could result in a significant loss of future revenues for local governments. History shows that allowing continued state legislative control of the aggregate amounts of property tax, sales tax and remaining VLF will inevitably lead to the state legislature securing for the state the benefits of the most stable revenue sources and forcing local governments to rely on the least stable ones. Protection of aggregate revenues,, as a result, could result in a significant loss of future revenues for local governments. · "Aggregate" protection of local revenues may actually decrease fiscal incentives for new housing, Under the "aggregate" revenue proposal, local governments would presumably be assured of Some level of revenue each year with a guaranteed revenue growth factor. This could have the ironic effect of actually eliminating any connection whatsoever between the approval of new housing land uses and the resulting revenues received by local governments. It is important to understand that when the VLF backfilltproperty tax swap in the Local Government Agreement is fully implemented, cities on a statewide basis will receive more of their general revenues from property taxes than from sales taxes for the first time since before Proposition 13. This is a significant change in the revenue mix of cities and responds to concerns about fiscal incentives for housing. http://www.imakenews.com/eletraJmod_print view.cfm?this_id=269990&u=priorityfocus&issue_id=O00054( 6/17/200~ .,Mgi_'¢~e from Priority Focus Page 2 of 2 · The LOCAL government agreement provides a solid basis for future reform of the flawed state-local fiscal relationship. Comprehensive reform cannot be accomplished with the current system or any system that allows the state to continue to control local revenue sources. The governor's local government package is a key first step to more comprehensive fiscal reform, because local governments that are less vulnerable to state raids on their revenues will have a solid basis from which to engage in reform discussions. Further, once local revenue sources are Protected, the statewide local government associations have stated that they intend to continue to pursue further fiscal reform, ~. The League urges cities to contact their legislators and the members of the Budget Conference Committee to ask them to _OPP_OSE_this untested, flawed approach to reform, and to SUPPORT immediate_p_assa~g_e of the local government budget/constitutional reform package_ n_e~qotiated by local governments with Governor Schwarzenegger, For a sample letter visit the !~e.agu..e-...A. dve_c, acy .Ceote_r The Budget COnference Committee members are: SenatorWesley Chesbro (D-Arcata); Senator Dede Alpert (D-San Diego); Senator Ross Johnson (R-Irvine); Assembly Member Darrell Steinberg (D-Sacramento); Assembly Member Judy Chu (D- Monterey Park); and Assembly Member Rick Keene (R-Chico), Published by Leag.ue..of Ca!iforn. a...C..t es Copyright © 2004 League of California Cities. All rights reserved. Powered by .!F!.N http://www~imakenews~c~m/e~etra/m~d-print-view~cfm?this--id=26999~&u=pri~rityf~cus&issue-id=~~~~5~~~~ 6/17/2004 This story is taken from Politics at sacbee.com. Budget process 'inching along Today's deadline likely will not be met -again - with no practical effects. By Alexa H..Bluth -- Bee Capitol Bureau - (Published Sune 15, 2004) The state constitution demands that lawmakers send a budget to the governOr by midnight today, but they aren't going to do it. And they never really planned to, anyway. The California Legislature rarely abides by the June 15 deadline that voters cemented into state law.in 1970. The deadline, experts and lawmakers say, is unenforceable and less important than .lune 30, the final day of the fiscal year. "It's kind of like a snooze alarm," said Senate President Pro Tem John Burton, D-San Francisco. After the Legislature failed to pass a budget before the start of the new fiscal year in 1969 and 1970, voters enacted the June 15 deadline along with other measures in a sweeping constitutional amendment governing the budget. "The June 15 date was primarily to give the governor enough time to really review the budget prior to the start of the fiscal year," said nonpartisan Legislative Analyst Elizabeth Hill. But the last time lawmakers passed a spending plan by June 15 was 1986. And the Legislature has sent a budget to the governor by June 15 just four times since 1977, the earliest date available in a Department of Finance tally. "! don't think it has any significance," said Bill Hauck, president of the California Business Roundtable and former chairman of the C-alifornia Constitutional Revision Commission. "It's like many other of our processes; it's rather archaic in the modern age, and the real significant deadline is June 30." But even the later deadline regularly slips away from lawmakers. The governor has signed an on-time budget just two times in the past decade,-and only in years when the'state treasury brimmed with cash from the dot-com boom. ThiS year, even with Gov. Arnold Schwarzenegger promising to do away with business as usual in Sacramento, an on-time budget still is far from guaranteed. A key budget panel has yet to wrap up its work, and several major budget issues between the Legislature and the governor remain unresolved. A two-house conference committee that has been crafting a legislative budget plan has not met since Thursday, in part because of the events surrounding the death of former President Reagan. Legislative leaders, meanwhile, met separately with the GOP governor behind closed doors to attempt to resolve differences over his proposed cuts to higher education and other areas. Some legislative leaders grumbled Monday about the impending missed deadline. "It seems to me the sense of urgency just isn't there that ! think California deserves,`' said Assemblyman Rick Keene of Chico, the Assembly Republicans' budget chief. "We need to stay at this task, get a budget done on time." Still, a .blown deadline today is unlikely to resonate with voters, said Mark DiCamillo, director of the San Francisco-based Field Poll. "The only time it really begins 'to matter to the public is when it has some kind of ramifications to them," DiCamillo said.. Voters and residents would not feel any effects from a missed June 15 deadline, which has no practical effects, experts said, except maybe to foreshadOw other delays. If a budget is not passed by the beginning of the fiscal year, July 1, then some vendors who provide supplies and services to the state may not get paid on time and, eventually, legislators and their staffs will not receive their paychecks. But Schwarzenegger is pressing lawmakers to send him a budget that he can sign on time. "The governor's goal isto get a responsible budget done in a timely manner, and he believes that we should all be focusing 'our efforts .and energies," said Finance Department spokesman H.D. Palmer. "The people.of this state expect the people's business to be done on time." Jon Coupal, executive director of the Howard Jarvis Taxpayers Association, criticized lawmakers for habitually missing the deadline but said a lawsuit over the June 15 deadline would be difficult to pursue. Coupal,-whose group has sued the state successfully over budget issues, acknowledged that it would be hard to prove that it .has caused harm or to find .an appropriate remedy to the problem. About the Writer The Bee's Alexa H. Bluth can be reached at (916) 326-5542 or abluth~_sa_c_b~_e_.com_. Go to: Sacbee / .Back...to..stor~ Co~tact..Bee..Customer. Service /Ld~e.rt!.se...C~.~.!i~e I Privacy PQIj.cy I Terms QfUse I U.e.lp I S!te..MaP · News I Sports I Business I Pol_i~;LCs_ I _Opinion_ I Entertainment I Lifestyle I Travel I Women _Cjas.s_!fied_~ I HQ_m._e~s I ~C~_rs I ~_qb_~ I GUIDE TO '[HEBEE: [ Subscribe I Contacts I Advertise I Bee Events I Commun!ty.!nvolveme.nt [ Sacramento Bee Web sites ] Sacbee.com I _S_a_cT_icg~_t:com I Sacramento.corn Contact s~cbee.com This article is protected by copyright and should not be printed or distributed for anything except personal use. The Sacramento Bee, 2100 Q St., P.O. Box 15779, Sacramento, CA 95852 Phone: (916) 321-1000 _.C_o~¥right © The Sacramento Bee ~Au~ 2 1994 ,1993 , Ju~ ~ 0 ,,,,, Budgeting at a ~nair~ pace S~e la,~makem have m~ the June 1 5 5 conditional deadline , ~July 19 ~ur~es a~ ~977. 5o~ cr~ ~y the pr~si~ which bwin 1970, 6viEual~ 19~0 m~nin¢~s and ~6 im~s~bleto e~O~ I 9~7 1u~24 This story Js taken from Politics at sacbee.com. ,Budget ,stymied as deadline looms. By Alexa H. Blurh -- Bee Capitol Bureau - (Published Sune 12, 2004) Three days before a constitutional deadline and .less than three weeks before*the start of the new fiscal year, the Legislature and'Gov. Arnold Schwarzenegger have yet to resolve their differences over some of the pivotal pieces of the state-budget. The Democratic-controlled Legislature and the Republican governor remain divided over several major points, including deals that 'Schwarzenegger made with local governments and university administrators and his planned cuts to programs for poor and disabled people. Lawmakers acknowledge that they Will not send a budget to the governor-by Tuesday, a constitutionally mandated deadline that the .Legislature rarely meets. "Everyone's looking at the real deadline as June 30," the final day of this fiscal year, said Assembly Budget Committee Chairman Darrell Steinberg, D-Sacramento. "! think that there is every opportunity to get the budget done on time, but we also need to make sure that we get it right." A two-house conference committee has been meeting for two weeks to iron out discrepancies in the Assembly's and Senate's versions of the budget. But the most divisive .issues are expected to be resolved in closed-door meetings between the top four legislative leaders and the governor in 'the coming weeks. Schwarzenegger already has begun to speak privately with Assembly and Senate leaders to .try to achieve his promise of signing a budget before the fiscal year-begins luly 1. "We're ready for the conference to finish their work and for the leaders to get to the table and negotiate in earnest," said Schwarzenegger's communications director, Rob Stutzman. The conference committee did not meet Friday because of the national day of mourning to honor former President Reagan. Leaders said they do not know when they will wrap up or whether they will make .formal recommendations to-the full Legislature on any of the outstanding large issues. The .Legislature .and the governor remain firmly divided over five large issues, Steinberg 'said. The most important, Democrats said, is $46 million to enroll thousands of,college students who were turned away because of Schwarzenegger's proposed budget cuts. Schwarzenegger made a deal last month with top executives from the University of California and California State University that calls for nearly $700 million in cuts this year and higher student fees for the-foreseeable future. !n exchange, Schwarzenegger pledged six years of modest investment in the two systems starting in July 2005, including money for enrollment growth. '~Higher education is the priority," Steinberg said. "There are three key elements, and one is making sure that everyone who is otherwise qualified to attend ... has a place." He also said Democrats will fight for more money for outreach programs to help attract qualified students and balance between financial aid programs and rising tuition costs. 'The other remaining outStanding issues include: * Another deal Struck by Schwarzenegger, which'would cUt lOcal government funding by $1.3 billion in each of the next two years. In return, the governor promised.to back a constitutional amendment that would protect cities' and counties' share of tax dollars in future years. But a group of lawmakers' led by Democrats said the pact would lock in a flawed system that encourages cities and 'counties to develop big-box and other retail outlets instead of affordable housing. * The issuing of $1 billion in bonds to pay the state's pension obligations. The Howard ]arvis Taxpayers Association recently said it would abandon its legal challenge of the bonds as long as lawmakers require state workers to contribute more of their paychecks for retirement benefits. But Democratic leaders said they will not make the changes without negotiating with workers unions. * Renegotiation of employee contracts. The administration is.in the midst of talks with the California Correctional Peace Officers Association about concessions to the prison guards contract that would save the state $300 million. Schwarzenegger also assumed in his budget that the state can shave $165 ~million by reopen!ng negotiations with other state employee unions, which have said they already have taken cuts and are unwilling to provide new concessions. * Proposed Cuts to welfare programs and home care for disabled people. Schwarzenegger still faces a battle with Democrats, including Senate President Pro Tem John Burton of San Francisco, over proposals to withhold cost of .living increases for welfare recipients and cut the amount the state contributes toward wages for about 300,000 home-care aides to the disabled. Schwarzenegger will be "firm that you can't spend more money .than you take 'n," Stutzman said, but .he added that the governor "is open to seeing what their counterproposals are." Assemblyman Rick Keene, a Chico Republican who sits on the'budget negotiating Panel, said he fears~the budget cannot be finished on time if the 'Legislature rejects the governor's agreements. "We have to understand the ramifications of those before we just willy-nilly start pulling at the string at the end of the sweater,'t Keene said. Schwarzenegger's predecessor, ousted Gov. Gray Davis, signed late budgets in the past three years, after long standoffs with Republican lawmakers who refused to vote for budgets that included tax increases. If a budget is signed late this year, .it will mean the firSt major political blow to a popular governor who has chalked up victories on workers compensation and-borrowing to help fill the deficit. AboUt .the Writer The Bee's Alexa H. Bluth can .be reached at.(916) 326-5542 or abluth@sacbee.com. Go to: Sacbee / Back to story C.o ora ~..i~ee ..Custo m~r~ .Se~ic~ ~ t Advertise Online I Privacy Policy_ I _Term_~ of__tJ~ I ..H_~.I~ I ~i_te Mal~ News I Sp__o__rt~ I ~u.si_n_e~ I _Po!j_I;!~;s I Q_p_in_oj_io~. I ~nDJ~e_~ainm__~o~t I Lifes~le I _T_~avel I Women1 Classifieds I Homes I Cars I lobs I Shopping GUIDE TO THE BEE: I Subscribe I Contacts I Advertise I Bee Events I Community Involyement £ Sacramento Bee Web sites ] _S.a_~b_e~..~m I SacTic~t._c_om I $8cra__m_~e~Lo.cg__m_ Cc~otact sacbee,co.m This article is protected by coPyright and should not be printed or distributed for anything except personal use. Pool Attendance Recreation Swim Week of June 14-18 Pools Mon Tues Wed ' Thurs Friday Total by Pool Beale 20 20 20 20 16 96 MLK N/A N/A 147 143 79 369 Jefferson 79 150 155 109 108 601 Silver Creek 213 160 186 115 126 800 McMurtrey 724 783 765 661 904 3~837 Total by Day 1,036 1,113 1,273 1,048 1,233 5,703 Annual Attendance 03-04 Beale 4,235 MLK 4,912 Jefferson 7,895 Silver Creek 8,207 RECE)VED JUN I 8 2004 CITY MANAGER'S OFFICE BAKE RS F I'E LD PUBLIC WORKS DEPARTMENT MEMORANDUM TO: ALAN TANDY, City Manager FROM' UL M. ROJAS, Public Works Director DATE: June 18, 2004 SUBJECT: Sewage Spillage at McCutchen and Gosford This memo provides an update on the headworks failure at Wastewater Treatment Plant 3, which was the cause of the sewage spill at McCutchen and Gosford on Thursday, June 17th. Wednesday, June 16th, was a difficult day at Wastewater Treatment Plant 3. There were eight power failures at the Plant between 8:35 AM and 5:30 PM. These power failures caused a great deal of disruption to the treatment plant systems and at the alarm monitoring company that monitors the Plant. The Plant is staffed for 8 hours each day and is monitored by an alarm company the rest of the time. At 5:30 PM on .lune 16th, another power failure occurred at the Plant. Staff had already gone home for the day. The alarm monitoring company did not call-out the staff. This is a concern and will be fully investigated, but it should not have been a catastrophic problem because the Plant has a backup power generator that came on. The Plant continued to operate on backup power until 11:08 PM which is when the sewage pumps in the headworks shut down. Staff still did not receive a call-out from the alarm company. Staff will review the situation thoroughly to ensure this does not happen again. After midnight, the collection system overflowed out of two manholes at Gosford and McCutchen. The properties on the Northwest and Southwest corner of the intersection were flooded with wastewater. Clean-up operations were initiated at 5:00 AM Thursday morning and will continue around the clock until all of the water has been picked up and the ground has been properly cleaned and disinfected. Raw Sewer Spillage Memo Page 2 of 2 Plant 3 is now back to normal operations. PG&E is investigating the power supply to the Plant. Wastewater Staff is investigating the systems that failed at the Plant and the emergency call-out systems and procedures. We will report back to you on these issues as more information becomes available. The spill has been reported to the proper authorities. An emergency resolution will be submitted to the City Council at a future meeting to appropriate the necessary funds incurred for the emergency. G:\GRO UPDA'I~Memo\2004\MeCutchen- I .doc ,~. RECEWE~  .CITY MANAGER'S B A K E R S F I E L D Department of Recreation and Parks Date: June 11,2004 To: Alan Tandy, City Manager From: Alan Christensen, Interim Director of Recreation and Parks Subject: Monthly Report for May 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 May 2004, Report PARK RESERVATIONS Our summer season is in full swing and the number of Park reservations continues to do a brisk business. There were 230 reservations with an estimated 19,214 persons in attendance. For the fiscal year, our park reservation totals are 1,560 reservations with an estimated 133,202 persons in attendance. NEW ACREAGE May was a particularly busy month for additional acreage accepted and placed into 1 year maintenance. There were 3 parcels accepted into our care. Notably, we received over 6 acres at one project site in the northwest known as the Westlake development. FYI, the landscape contractor maintaining the area commented they expend approximately 48 hours per week to maintain the assignment. May totals for the 3 new parcels for Parks staff to maintain include 8.63 acres with 496 trees and 2,123 shrubs. In addition, 3 parcels were entered into a 1 year maintenance period totaling 1.41 acres and 130 trees and 976 shrubs. In FY 2003-04 Parks accepted approximatelY 30 acres of new area to maintain, equal to nearly 29 football fields. This new area include an estimated 11,000 shrubs and 1,500 trees plus turf and hardscape to maintain. EMPLOYEE CONTINGENT We had 1 employee accept a promotion to Street Sewer Section of Public Works. Current staffing levels are 79 regular employees, down from 93 in FY 2002-03. Temporary staffing allocation remains constant at FY 2002-03 levels and are proposed .at the same level for 2004-05. The only budgeted temporary employees are for the combined Maintenance District. We were finally able to fill the 23 requested Maintenance District temporary employees after nearly 8 weeks of recruiting by Human Resources. We have also hired temporary employees as fill-in's for open regular employee positions. VANDALISM Unfortunately, vandals took things to new levels by starting fires at Deer Peak and Windsor Parks on 3 instances. Bakersfield Fire Department Arson Investigators responded and indicated they would handle as an arson case and supPort prosecution of individuals if their investigation produces a suspect. At Campus Park North, 15 sprinklers were vandalized. ADDITIONAL WORK The number of open positions and other labor savings provides an opportunity to have additional work performed within the Maintenance District. As such, we have initiated use of small crews to work one day each weekend to try and address basic maintenance projects such as pruning and weed abatement. These efforts focused primarily upon median and landscape locations. B A K E R S F I E L D Department of Recreation and Parks. Date: June 10, 2004 To: Allen Abe, Assistant Recreation and Parks, Director From: Ken Trone, Park Construction and Facilities Planner Subject: Parks Department Planning and Construction Activity Planning Bids were opened for the Wayside Playground Rehabilitation Project. The apparent Iow bidder is within the budget for the project. The base bid and all alternates will be recommended for award by City Council on July 7, 2004. Bids for the 32 acre park in the southwest were too high to award. All beds were rejected at the June 9, 2004 City Council Meeting and the project is being reevaluated for re-bidding. Construction Stonecreek Park, Phase II, had a final walkthrough at the end of May. A few minor items are being comPleted before the 365 day maintenance period begins in early June. Grants The Jobs Housing Balance Grant Program secured to fund the playground equipment at the 32 acre park in the southwest has been extended to allow for the re-bidding of the project. B A K E R S F I E L D Department of Recreation and Parks Date: June 1, 2004 To: Alan Christensen, Interim Director From: Terri Elison, Recreation Supervisor Subject: May Monthly Report Silver Creek After School Proqram ......................... 600 Attendance ......................... 30 Average Daily Attendance The Silver Creek After School Program highlights included performing a play, singing songs and video taping it; celebrating Mother's Day with cards, poems, and making a special flower pen to give to the mother; learning songs, dances, and games of different cultures; holding a sand castle contest; and playing outside games and activities. ATTENDANCE FIGURES Silver Creek Rentals ................................................... $673.00(m,, doe, not ~nc,ude de~os~s~ The Silver Creek multi-purpose .room and/or pavilion were rented twice the month of May. The center was rented for a company picnic and family reunion. Total Attendance was approximately 465. Classes at Silver Creek: # Registered Total Attendance Ballet & Gym (6 - 12) 15 60 Ballet & Gym (3 - 5) 15 60 Calligraphy Workshop 4 4 Chess 6 24 Clogging 21 84 Dance & Gym (4-5) 6 24 Dance & Gym (2-3) 12 48 Dog Obedience 23 92 Guitar (Beg) 11 44 Guitar (Iht) 8 32 Jewelry Making (Beading) no class no class Kardio Kick 21 168 9:23 AM 6/2/2004 C:\Documents and Settings\sforsyth\Local Settings\Temp\Terd May 2004 Report.doc Created by Telison Karate 24 192 Knitting & Crocheting 5 20 Pi lates 12 48 Creative Quilting 3 6 Tai Chi 15 120 Tennis (Child-Beg) 9 72 Tennis (Child-lnt) 0 0 Tennis (Adult) 1 8 Upholstery 10 40 Yoga 4 32 TOTAL 225 1,178 Classes at Other Facilities # Registered Total Attendance Siemon Park Tennis (Child) 13 104 Tennis (Adult) 2 16 All Star Dance Studio Dance & Gym (2 1/2 - 4) 8 32 Dance & Gym (4 - 5) 6 24 American Academy of Gymnastics Gymnastics (You & Me) 3 12 Gymnastics (K-6 Girls) 1 4 Corp Yard Lunch Room Cartooning 9 36 TOTAL 42 228 Attendance Silver Creek Center: Rentals ............. ............................ 465 Classes ........................................ 1,178 Registrations Taken: 452 After School Program ................ 600 # of Guests Served: 755 Pee Wee Track ....................... 54 (The # of Guests served does not include registration) TOTAL .................... 2,297 9:23 AM 6/2/2004 C:\Documents and Settings~sforsyth\Local Settings\TempWerri May 2004 Report.doc Created by Telison B A K E R S F I E L D DATE: June 1, 2004 TO: Alan Christensen, Assistant City Manager FROM: Holly Larson, Supervisor RE: May Monthly Report Aquatic Staff: Interviews are now complete for aquatic specialists for the 2003-04 season due to trainings being finished. Aquatic Specialists 95 selected The following training courses for lifeguards and swim instructors took place in May: Swim instructor May 8-9 Lifeguard May 7-9 Swim instructor .May 22-23 Lifeguard May 21-23 Swim instructor May 29-30 Total Attended 108 Our first paid training for swim coaches was held on May 29 Total Attended 17 Aquatic Events: One Day Registration was held on May 1 from 8am - 3pm. Total Transactions Aquatic Rentals: Aquatics Club of Bakersfield rented Silver Creek Pool for swim practices through May 15. C:\Documents and Settings\sforsyth\Local Settings\Temp\monthly report.docC:\Documents and Settings\sforsyth\Local SettingsWempkanaonthly report.doc 6/7/20044:59 PM The high schools used Silver Creek through May 14. The high schools leased Jastro Pool through May 21. School Pool Parties were held at Silver Creek Pool. --.- Total parties 6 Total participants 595 Aquatic Proqrams: Spring lessons were held from May 17- May 29 Total registered 520 Total attendance 469 Leisure Classes: Ballroom Dancing Total registered 4 C:\Documents and Settings~sforsyth\Local Settings\Temp~monthly report.docC:\Documents and Settings~sforsyth~Local Settings~TempXanonthly report.doc 6/7/20044:59 PM B A K E R S F I E L D Department of Recreation and Parks Bi Weekly Report May 28, 2004 Dr Martin Luther Kinq Jr. Community Center Dance Troupe Our dance troupe is off until August when they will resume practicing for the winter recital in December. Quiltinq class Our quilting class just completed a beautiful quilt that will be donated to the cancer survivor's organization with a special patch thanking the center for use of the facility. Aerobics The evening class continues to be very popular and is increasing daily in attendance, many of the participants also utilities the weight room in the morning from 8am to lOam and is requesting we offer a morning aerobics class I am currently looking for a volunteer instructor. Sports PAL held the national NAYS basketball tournament here at the center on 5-22-04 and 5-23-04 an estimated crowd of 300 spectators enjoyed basketball games of youth ages 10 to 17 each day. Dean Jones Page 1 6/7/2004 4:57 PM B A K E R S F I E L D Department of Recreation and Parks Date: June 3, 2004 To: Allen Abe, Assistant Director From: Linda McVicker, Recreation Supervisor Subject: Monthly Report for May ADULT SOFTBALL · Summer softball registration ended May 21. We have 66 men's teams and 32 co-recreational teams. · Kern Trophies donated 30 trophies in exchange for having their logo placed on the softball t-shirts for our spring league. They have indicated that they would like to do the same for our Summer League. · We will be utilizing 5 softball fields to accommodate our League. Those fields · include Beach Park, Dr. Martin Luther King Jr. Park, Wayside Park, Planz Park and Patriots Park. PEE WEE TRACK · We had 17 participants in our Pee Wee Track program. The 4 and 5 year old participants learned the shot put with a tennis ball, the disc throw with a Frisbee, the long jump and the 20 and 40 yard dash. All participants received a medal for their efforts, and their parents were able to take pictures of them receiving their medals in front of the American flag. C:",,Do(:umei~s arid Settings\sforsyth\Local SettingsYTemp\May Repo~.doc LMC UP COMING EVENTS · T-Ball has 70 participants signed up. It starts June 12 and will be held at Silver Creek. · The Pee Wee Sports Camp has 29 participants signed up and will begin June 14th at Silver Creek. · Super Soccer Stars has 25 participants signed up and will begin June 21st at Silver Creek. · Summer Recreation in the Park will begin at Wayside Park.on June 21 and at Lowell Park on June 14. Activities will include arts and crafts, sports, games, dance and special events. C:",.Docurner~ts ~nd Settings\sfcrsyth\Local Se~ings\Temp\May Repor[.doc LMC B A K E R S F I E L D Department of Recreation and Parks Date: June 11, 2004 To: Alan Tandy, City Manager rk~ From: Alan Christensen, Director-Recreation & Pa Subject: TREE TRIMMING AT 19TM AND EYE Ref000807 (Ward 2) Councilmember Benham requested staff provide major trimming of the large olive tree located at 19th and Eye Streets, due to safety issues. Staff should also consider removing the tree as it will need to be removed with the future changes to the streetscaping. Staff will prune the tree in question within the next two working days (by the end of the day on Tuesday, June 15). Staff will monitor the condition of the tree and remove it if necessary in preparation for future landscape improvements in the vicinity. B A K E R S F I E L iVlA"AGER'F.,' Economic and Community Development Department MEMORANDUM June 11, 2004 TO: Alan Tandy, City Manager FROM: Donna L. Kunz,~ono4~mic Development Director SUBJECT: DEMONSTRATION PARKING LOT Council Referral No. Ref000786 Councilmember Benham received correspondence from Cathy Butler, Downtown Business Association and requested staff look into the feasibility of creating a "Demonstration Parking Lot" at the lot located at 20th and "K" streets. This is a privately owned sub- standard and blighted parking lot. Staff has been asked to look into the feasibility of developing a demonstration pa~king lot on private owned property at 20th and "K" streets. The proposed lot is directly across the street from the UC Merced University Building. It is partially paved and in disrepair. The DBA would like to hold a farmer's market and other special events in the parking .lot and adjacent alley and believes that parking lot improvements would significantly enhance these activities and also remove an eyesore on the block. They have requested that the City provide financial assistance through its Redevelopment Agency for the cost of development of a parking lot and coordinate an agreement with the owner and lessee to maintain it. A volunteer group of private architects and engineers are working with the DBA to assist in the design of a parking lot plan that will exemplify current city standards. The proposed parking lot is currently under the control of Rob Moore who has a long term ground lease for the lot and for the former JC Penny building from Mr. Sherman Grosse. Mr. Moore plans to refurbish the JC Penny building for office and retail uses and is currently negotiating a parking garage lease with EDCD for additional parking spaces in the 18th and Eye Street garage. Mr. Moore has stated that he is willing to work with the City concerning the parking lot project as long as he retains his parking rights. There appears to be some unresolved lease issues between Mr. Moore and the owner concerning the parking lot as evidenced at the recent farmer's market held on the alley and parking lot. The property owner blocked off access to some of the parking sites from the vendors despite the DBA obtaining permission for use of the site from Mr. Moore. C:\Documents and Settings\dscanlan\Local SettingsWemp\demonstration parking lot.doc Staff estimates the development cost of the parking lot to be approximately $125,000. In addition, a plan would need to be developed to cover the cost of ongoing maintenance. Usually a redevelopment investment is requested to help write down the cost of a proposed redevelopment project to allow it to become economically feasible to attract the required private investment. Because of its remote location, this parking lot provides little economic incentive to the developer to encourage him to invest in its development. If financial improvements to the parking lot are to be considered by the City or Redevelopment Agency, agreements would need to be made with both the lessee and the owner to assure continued maintenance of the public investment. As an incentive to encourage the developer to complete the JC Penny building retrofit, the parking lot improvements might be negotiated as an added incentive to encourage the completion of the development of this downtown building that has remained vacant for many years. The JC Penny commercial project when completed, has an estimated value of $3-4 million dollars and after rehabilitation and rent up would generate additional tax increment for the RDA. EDCD and Public Works staff will be meeting over the next month with the DBA, various departments, divisions and outside agencies such as the Tree Foundation to examine scenarios that might be financially feasible for Council consideration. C:\Documents and Settings\dscanlan\Local Settings\Temp\demonstration parking lot.doc B A K E R S F I E L D PUBLIC WORKS DEPARTMENT CITY OF BAKERSFIELD MEMORANDUM June 16, 2004 TO: ALAN TANDY, CITY MANAGER FROM: RAUL M. ROJAS, PUBLIC WORKS DIRECTOR~ SUBJECT: LIGHT POLES AT JASTRO PARK Council Referral #804 Councilmember Benham requested staff report back to her regarding Mr. Dowdy's concerns for additional light poles at Jastro Park and the use of lead paint. The preliminary results on the paint of the subject light pole in Jastro Park came in on Friday, June 11,2004, and the paint chip did contain some concentration of lead. Early Monday morning, June 14, 2004, General Services mitigated the paint chipping problem and encapsulated this particular light pole with environmentally safe primer paint. In addition, General Services identified three or four additional light poles in Jastro Park that appear to have chipping paint--we will also mitigate these. The General Services Division has contacted a pole restoration contractor who specializes in this type of work and is waiting on an estimate. General Services also is receiving estimates for replacing all these types of light poles. Once all the options are received and studied, a decision on the best course of action will be made. In the mean time, all areas within Jastro Park that we have found to be questionable will be mitigated. G:\GROUPDAT~Referrals~2004\06-09~804 - GS.doc B A K E R S F I E L D PUBLIC WORKS DEPARTMENT CITY OF BAKERSFIELD MEMORANDUM June 16, 2004 TO: ALAN TANDY, CITY MANAGER FROM: RAUL M. ROJAS, PUBLIC WORKS DIRECTOR ~ SUBJECT: PROMOTE CURBSIDE RECYCLING Council Referral #805 Councilmember Benham requested staff review the suggestions provided by Ms. Sandy Garrigan to promote curbside recycling and provide a response. Refer to Budget and Finance Committee for consideration. Staff is reviewing the suggestions provided by Ms. Garrigan. A report on these and other current promotional efforts will be ready for the Budget and Finance Committee by the time a meeting is scheduled. G:\GROUPDAT~Referrals~004\06-09\805 - Solid Waste.doc i~.,,~,., .~...,:!~!~ BAKERSFIELD POLICE ~:,, ~:~:.~ )~ MEMORANDUM RECEIVED TO: A~N TANDY, CITY MANAGER FROM: W.R. RECTOR, CHIEF OF POLICE ~ DATE: June 16, 2004 [Ci~ MANAGER'S C~F: SUBJECT: Police Response Complaint Council Referral No. 796 (Ward 2)  Council Member Benham requested police department contact Mr. Daniel Schaar and respond to his concerns regarding the delay in police response. During the May 26~h Council Meeting, Mr. Daniel Schaar addressed the Council with concerns about police response to a stolen vehicle repo~. I was in a~endance at the Council Meeting and personally spoke with Mr. Schaar following his address to the Council, and again, contacted him by telephone the ne~ day. Please refer to the a~ached memo by Lt. Ga~ Moore for additional information related to Mr. Schaar's call for sewice and the delayed police response. Please feel free to call me if you have any questions. Attachment: "Daniel Schaar - Call for Se~ice, 5/9/04 Response to Council Referral' by Lt. Gary Moore WRR/vd BAKERSFIELD POLICE MEMORANDUM June 9,2004 To: Bryan L. Lynn, Operations Captain - East From: Gary Moore, Operations Lieutenant - East Subject: Daniel Schaar - Call for Service, 05/09/04 Response to Council Referral On Mother's Day, May 9th, 2004, at 1226 hours, Daniel Schaar called to report that unknown suspects stole two tires and wheels from his vehicle, (a black 2003 Honda Civic, California license #5AOL555). This was a very busy day. We handled approximately 600 calls for service, and at 2100 hours, there were 76 calls for service holding and at 2300 hours, there were still over 50 holding. At 1624 hours a call was made to Mr. Schaar indicating that we were extremely busy and there would be a long delay in our response. At 2207 hours an officer was dispatched to handle the call, but at 2209 hours he was preempted for a higher priority call. At 2245 hours the call indicates that either Mr. Schaar called to cancel, or we called him and he cancelled .the call. Mr. Schaar told the operator he was going to check with the City Council as to why it took so long for his report call. On May 10, 2004, at 0927 hours Mr. Schaar again called to make the report. At 1213 hours, PST Roberson responded and completed a report. While it is disappointing that anyone would have to wait a day for a report to be taken, it appears to be an often time occurring situation. Recently I have had to call back reporting parties and victims to advise them of long delays, delays of similar lengths as Mr; Schaar's. The overwhelming majority of people are understanding and very reasonable. In order to address the calls for service issue, a committee has begun looking into the types of calls to which we respond. The Department has traditionally responded to all calls for service, but due to demands, this must change. Directed policing efforts targeting repeat call locations with a community based policing effort are also helping reduce calls for service, and thus delays. GM:pip iCi'PC MANAGER ~ OFFfCE~ B A K E R S F I E L D, PUBLIC WORKS DEPARTMENT CITY OF BAKERSFIELD MEMORANDUM June 16, 2004 TO: ALAN TANDY, CITY MANAGER FROM: RAUL M. ROJAS, PUBLIC WORKS DIRECTOR~/-'t~ SUBJECT: G.E.T. TO PAY FOR ROAD DAMAGE Council Referral #809 Councilmember Maggard requested staff pursue compelling G.E.T. to pay for road damage repair at bus stops caused by G.E.T. vehicles. Staff has prepared the attached response to GET's June 7, 2004, letter. Staff will also meet with GET to discuss this issue; to develop a capital improvement program project to repair damaged pavement at existing bus stops; and to refine our standards for pavement at new bus stops. G:\GROUPDAT~Referrals~004\06-09~809 - Arnold.doc B A K E R S F I E.L D PUBLIC WORKS DEPARTMENT 1501 TRUXTUN AVENUE BAKERSFIELD, CALIFORNIA 93301 (661) 326-3724 RAUL M. ROSAS, DIRECTOR * CITY ENGINEER June 16, 2004 Chester Morland Golden Empire Transit 1830 Golden State Avenue Bakersfield CA 93301 Re: Deterioration of Pavements at Bus Stops Dear Mr. Morland: ' The City is in receipt,of your letter dated June 7, 2004, in which you state that your agency's Transportation Development Act funds cannot be used for the repairing the damaged pavement at bus stops. The City appreciates your willingness to work with the City to "mitigate pavement deterioration at bus stops". City staff will be contacting you soon to schedule a meeting to discuss the improvements that are needed and to start the process of identifying options for addressing this issue. To facilitate preparing for those discussions, the City needs to know whether or not Golden Empire Transit (GET) will be able to participate in funding the construction costs associated with. these repairs. Knowing the probable source of those funds - federal or non-federal - will assist us in estimating the construction costs since many federal sources require inclusion of special requirements in the construction documents that tend to raise costs. In addition, the time.frame in which GET would probably be able to contribute these funds - within the next three, six, nine, twelve months - will also have an impact on the construction costs due to the changing economy and the continued pavement deterioration should the project not be funded for several months. Therefore, 'the City respectfully requests a statement from GET as to your most probable funding source and time frame for these · repairs. City staff will then better be able to prepare budget estimates for this work. Again, the City appreciates your agency's willingness to work with us on this project and we look forward to a mutually successful project. If you have any questions about this project, please call Arnold Ramming .at 661-326-3591. Very truly yours, Public Works Director copy: Gouncilmember Mike Maggard, Ward 3 Alan Tandy, City Manager Jacques R. LaROche//e, Assistant Public Works Director Arnold Ramming, Civil Engineer IV-Design S:~PROJECTS~ARNOLD~mvmtRepairsatBusStops\GET 061604.doc MEMORANDUM TO: Alan Tandy, City Manager FROM: Gregory J. Klimko, Finance Direc ' DATE: June 11, 2004 SUBJECT: Council Referral Item # 779 - Non Profit Business License Processing Fee Council Member Hanson requested a follow up to our May 3, 2004 memo (copy attached) which discussed the $5 processing fee Charged to business license recipients (original council referral # 761). He asked us to specifically address the cost effectiveness of the $5 fee for non-profit businesses. The Bakersfield Municipal Code (BMC) requires anyone "transacting business within the'City" to obtain a Business Tax Certificate, commonly referred to as a business license.' Most businesses are required to pay an annual tax based on their gross receipts calculation; some businesses and organizations-claim an "exemption" from the tax or are not required to pay a business license tax (per 'state law), but' City staff must still perform the administrative function of generating them a business tax certificate. The $5 fee represents the administrative cost to issue the certificate; including staff time, postage, envelopes, etcetera. The fee' was established as part of our citywide cost.recover program. We consider the fee to be "cost effective" 'as we have to generate the license anyway, and the additional time involved in collecting a fee (opening an envelope and receipting the payment) is really a very economical function. There is also.an issue of equity to consider. We believe it is only fair for each organization receiving a certificate to pay the cost the City incurs in issuing the certificate, whether or not they are subject to .the City tax. There are approximately 800 organizations in Bakersfield that either claim an annual exemption from the tax or are not required to pay the tax (due to state law). Most of these businesses include companies like banks, loan companies, insurance companies, tracking companies and real property owners who have rental properties that are considered passive investments. Of the 800 exempt certificates issued per year there are about 270 organizations that we would consider "non profit". HoweVer, from an administrative standpoint, it would cause the Treasury division additional time and effort (which would not be cost effective) to try and differentiatebetween non- profit exemptions and other classes of exemptions. We believe .the cost recovery fee in place is both reasonable and affordable and it should be applied consistentlY to all types of organizations. cc: Cheryl Perkins, Acting Treasurer File name: nks:/p:)memo-councii referral 0779.doc B..A K E' R S F. I E L OFFICE OF THE CITY MANAGER MEMORANDUM June 14, 2004 TO: Honorable Mayor and Members ~/~~j~ Council THROUGH: Alan Tandy' City Manager // ////~ FROM: John W. Stinso~,'Assistant City' Mar~ager SUBJECT: Council referral regarding funding for Bakersfield Symphony Councilmember'Sullivan asked if staff could look at the feasibility of providing funding for the Bakersfield Symphony. Due to State budget actions the City Council took action to eliminate funding for non-profits for the current fiscal year when they enacted the budget recommendations on "List A" presented by staff at mid year. The City's budgetary situation has not improved since State budget actions in FY 2003-04 caused the City to cancel funding to the Symphony, Bakersfield Museum of Art and Kern Economic Development Corporation. Unfortunately, budgetary conditions have become worse as the current State budget proposal before the legislature includes a capture of City revenues of over $3.2 million for each of the next two years; capture of redevelopment funds of $350,000; elimination of booking fee reimbursements of $714,000; and shifting of Sales and Vehicle License Taxes which will have significant budget impacts on the City. During the past fiscal year we have eliminated fifty-four positions including some in public safety. We are hoping to restore a portion of those lost this year, but we must wait on the outcome of State budget deliberations which at this point do not appear positive for the City. Additionally, federal block grant funding for eligible activities has also been limited due to funding of safety services and roads. Funding requests for about 9 to 10 non-profit agencies were denied due to limited federal funding available for FY 2004-05. The City is facing a financial situation where we are struggling to maintain basic city services. City Council priorities for public safety services of police and fire protection and safe roads have been the focus of the proposed budget. Any contributions to outside non- profits that are not eligible and recommended for federal block grant funding would have to come from general purpose funds. This means that other areas such as public safety, streets, or recreation and park programs and facilities which have already been drastically reduced would have to reduce their funding. Staff is also concerned that there are many worthy non-profits in our community. Funding one and not others could be difficult to do. How do you decide which one is most worthy of funding? This would be particularly difficult given the limited funds available to the city. Based on the above, staff does not recommend approving the request by the Bakersfield Symphony. S:~JOHN\Symphony memo.doc B A K E R S F I E L D -~ PUBLIC WORKS DEPARTMENT CiTY OF BAKERSFIELD MEMORANDUM June 16, 2004 TO: ALAN TANDY, CITY MANAGER FROM: RAUL M. ROJAS, PUBLIC WORKS DIRECTS- SUBJECT: GRAFFITI AT BEALE PARK AMPHITHEATRE Council Referral #811 Councilmember Sullivan requested staff address graffiti located at the amphitheatre at Beale Park. The graffiti was removed from the amphitheatre on Friday, June 11,2004. G:\GROUPDAT~Referrals~004\06-09\811 - GS.doc BAKERSFIELD CITY OF BAKERSFIELD PUBLIC WORKS DEPARTMENT MEMORANDUM June 15,2004 TO: Alan Tandy, City Manager FROM: Raul Rojas, Public Works Director ~~..~~~' SUBJECT: White Lane Bridge Widening @ State Route 99 Project Status Attached is the latest update on the White Lane Bridge Widening at State Route 99. The estimated date of completion is September 22 2004. Attachment Update 061504_White Lane at SR 99 Transmittal BAKERSFIELD PUBLIC WORKS DEPARTMENT MEMORANDUM TO: RAUL ROJAS, PUBLIC WORKS DIRECTOR FROM: STUART PATTESON, CONSTRUCTION SUPERINTENDENT ~'~ DATE: June 15, 2004 SUBJECT: White Lane Bridge Widening at SR99 - Project Status CONTRACT STATUS (as of May 27~ 2004) Contract Award Date: July 9, 2003 Contract Allotment: $ 5,624,075.00 Begin Construction: September 2, 2004 Progress Pay Estimates to date: 8 Contract Completion Date: August 18, 2004 Total Amount of Estimates to date: $ 2,879,292.35 Contract Working Days: 240 74.3 % Time Elapsed Working Days to Date: 182 50.7 % Complete (based on payments to date) Weather Days to Date: 5 Estimated Date of Completion: September 22, 2004 OVERALL PRO,IECT STATUS Structures: The bridge is progressing well with the deck pour completed on May 17th. The closure pour was scheduled for June 2 but was postponed due to a grade difference discovered between the existing deck and the closure deck. The closure pour will resume when the designer provides a solution. The barrier rail and sidewalk should be completed in mid June. Earthwork: The ramps continue to be delayed due to design errors. Revisions have been approved and Notice to proceed has been issued to the contractor. However, work has failed to resume due to Granite's work force reassigned to other projects while the design errors are rectified. The revisions are shifting the alignment of the NB off and on ramps, "B" and "C". These ramps are at finish grade with base rock placed. The "B" ramp asphalt paving was suspended due to the design issues. Schedule: The February schedule update shows project completion within contract time. The past delays were alleviated by Granite re-sequencing stage construction along with acceleration of structure work. This has placed the critical path of construction through the construction of the ramps. Compensable time delays will be warranted due to the design issues with the "C" ramp. Schedule analysis will determine the extent of the delays if any. Landscaping/Irrigation: A field meeting has been scheduled with California Water Service for the week of May 30~ to review the water meter installation locations for right-of-way clearance. Installation is expected to follow soon after. The schedule shows that current delays could be mitigated through re-sequencing and/or acceleration of landscape/irrigation work. However, costs for acceleration may be warranted. Completed work items this month: · Deck pour · Curb and Gutter placement EB White Lane East of the bridge. Work items in progress include the following: · Closure pour (postponed). G:\GROUPDAT~Construction\White Ln at SR99 WideningLRauI-Update 06-14-04.DOC Critical Construction Activities · Ramp grading. · Water service installation. Pending Issues · White Lane resurfacing revisions. Contract Changes/Unanticipated Work · Ramp re-grading due to design errors. SUMMARY Project completion will be moved back and not happen within original contract completion date due to design issues with White Lane and the ramps. Caltrans requested changes to White Lane remain unresolved at this time and will impact the critical path of construction. Contract added costs are estimated to be approximately 6% to 8% of the original contract amount. A detailed cost estimate will be completed upon receipt of the White Lane revisions. Cc: Jacques LaRochelle, Assistant Public Works Director Arnold Ramming, Civil Engineer IV Nick Fidler, Civil Engineer III G:\GROUPDAT~Construction\White Ln at SR99 Widening\RauI-Update 06-14-04.DOC B A K E R S F I E L D PUBLIC WORKS DEPARTMENT CITY OF BAKERSFIELD MEMORANDUM JUNE 15, 2004 TO: ALAN TANDY, CITY MANAGER FROM: (~RAUL M. ROJAS, PUBLIC WORKS DIRECTOR SUBJEC¥'. "U ' , 'E- ,TERSECT O. OF FREMO,T A.D W LSO. Council Referral #691 Councilmember Salvaggio requested staff respond to traffic concerns at that location. Due to bus stops on both sides of Wilson, there are potential problems with pedestrians crossing the street. Staff to look at all possibilities including placement of cross walk and stop sign. Traffic Engineering Staff completed an analysis of the intersection of Fremont and Wilson Road in April, 2004. Both pedestrian and vehicular usages were investigated. Bus routes were considered as well as existing traffic controls. The location does not meet any of the warrants for multi-way stop sign controls. There have been no accidents reported at this intersection in the most recent 12 month period used for the traffic study, as required by the warrants. The side street, Fremont, is a local residential street. Only 91 vehicles used Fremont to enter or cross Wilson Road, much less than the warrant threshold of 140. Pedestrian activity was sparse. Those pedestrians choosing to cross at the intersection, instead of using the nearby pedestrian crossing, were able to do so with no discernable difficulty or long delay in waiting for adequate gaps in traffic on Wilson Road. Wilson Road is only about 60' wide at this location. Golden Empire Transit does not have any plans to relocate or otherwise change the bus stops near the intersection. Since the location does not meet any warrants for stop controls or crossing controls and pedestrian activity is minimal with no apparent difficulties observed for crossing the street, no crosswalk or stop signs are recommended by the Traffic Engineer at this time. Warning signs, indicating pedestrian activity in the area of the bus stops, will be installed to warn motorist using Wilson Road. G :\G ROUPDAT~Referrals~2004\02-11\691 - UPDATE.doc AGENDA HIGHLIGHTS JUNE 23, 2004 COUNCIL MEETING REGULAR MEETING 5:15 p.m. WORKSHOp Representatives from Shell Oil Company will give a short presentation regarding the future plans of the Bakersfield Shell Oil Refinery. APPOINTMENTS There will be one appointment to the Keep Bakersfield Beautiful Committee by Mayor Hall, and one appointment to the Solid Waste Management Advisory Committee Local Task Force by Vice Mayor Couch. CONSENT CALENDAR Resolutions: Item 5e. Resolution reqardinq Use of Bioxide for Sewer Odor Control and Reduction of Sulfide Gas Levels in an amount not to exceed $325,000 Annually. Some areas of southwest Bakersfield have been experiencing continuous sewer odor problems from the Buena Vista Trunk Line. These odors are a violation of the San Joaquin Valley Unified Air Pollution Control District (District) Policies and can be punishable by a fine. The City uses Bioxide as recommended by our consulting engineers to control the odors. Bioxide is a proprietary product, patented by U.S. Filters, and is therefore a sole-source product. Item 5f. Resolution Orderinq Chanqe of Proceedinqs to Reduce Assessments to $2,895,000 for Parcels Located in Assessment District 03-1 (Briqhton Place/Silver Creek II). Subsequent to the adoption of the resolution levying the assessments, the actual amount of bonds issued for the District was $185,000 'less than estimated. This resolution authorizes an amended assessment lien be recorded. Item 5i. Sewer Connection Fee Assessments. During the past few months, more than 20 property owners have connected their properties to the City sewer system. 'Each has claimed that to pay the sewer connection fee in one payment would produce an economic hardship. To assist them, the City has contracted with each property owner to spread the connection fee over a three-year period to be collected with their property taxes. Aqreements: Item 51. Aqreement with Habitat for Humanity for Construction of Affordable Sinqle-Family Homes in the amount of $100,000 in HOME CHDO Funds. Habitat is requesting $100,000 in HOME CHDO funds to be used for the acquisition of land, construction supervision and related construction soft costs in the construction of five single-family affordable homes. Habitat will initially have access to $50,000, and if they are successful in expending this amount within 18 months from the date of the agreement, they will have access to an additional $50,000. If any new homebuyer sells their home, the City's assistance will be due and payable. It will not be a forgivable loan. Item 5n. Aqreement with Shell Oil Company related to the Allen Road Sewer Project in the amount of $80,000. The City is extending an 18-inch diameter sewer line along Allen Road from Rosedale Highway to Noriega Road, which will cross a 10-inch diameter oil line in the vicinity of Hageman Road..?.This Agenda Highlights June 23, 2004 ~age 2 agreement will authorize Shell Oil to relocate their existing oil line, which will allow the City's future contractor to install the new sewer line. Sufficient funds are budgeted to cover this agreement's costs. Per the agreement, the cost of the relocation is the actual itemized cost, which will be provided to the City upon completion of their work. An estimated cost list is attached to the administrative report. Item 5p. Amendment No. 1 to Aqreement No. 02-184 with Abate-A-Weed, Inc. Extendinq the Terms until July 22, 2004 and Addinq $10,000 for Contract Use {'for a revised not to exceed compensation amount of $70,000). This contract is used by the Water and Parks Departments to provide for the application of weed and rodent control chemicals on City-owned canal banks and reservoirs. The annual contract is currently out for bids; however, a time extension and additional funds are requested to continue the service until a new contract is awarded. Items 5q. and 5r. Amendments to Aqreements for Janitorial Supplies with San Joaquin Supply Corporation and P & R Paper Supply in an amount not to exceed $60,000 each. Both firms were awarded annual contracts in July of 2003. The current agreement allows for a 12-month extension, if the parties agree. The City and contractors wish to extend the contract with no increase in total compensation. Item 5s. Contract Chanqe Order No. 1 to Aqreement No. 03-240 with Bowman Asphalt for the Kern River Bike Path Improvements and Riparian Restoration Project from Stockdale Hiqhway to Manor Street in the amount of $73,209.03 {for a revised contract amount of $1,154,987.02). Several contract item quantities had to be increased, decreased, or deleted during the course of this project. Further, other adjustments needed to be made for extra work, delay costs, City-furnished equipment, and equipment substitutions. This change order will be funded with State Proposition 12 and 13 funds. Item 5t. Contract Chanqe Order No. 5 to Aqreement No. 03-018 with S.C. Anderson Inc. for the Bakersfield Ice Center Project in the amount of $61,730.49 ('for a revised contract amount of $5,607,300.12). The most notable item in this change order is the heat exchange system which was installed in order to use the heat generated from the chiller unit in the Ice Center to heat the water in the Aquatic Center's pools. As a result, energy savings will be realized for the Aquatic Center. Sufficient funds are budgeted to cover this contract change order.' Bids: Item 5v. Award Annual Contracts to Arqo Chemical, Inc.1 and Los Anqeles Chemical Co. for Chemicals for the City's Swimminq Pools in an amount not to exceed $1091000. Three acceptable bids were received. Staff recommends splitting the award to take advantage of the best prices. Item 5w. Award Contract to New Imaqe Commercial Floorinq to Re-carpet the Bakersfield Convention Center in the amount of $141,269.67. In several locations, the carpet is torn and stretched. With this project, new carpet will be installed in the Concert Hall Lobby including the Main Staircase and Upper Lobby; the Orchestra Section and Terrace Section of the Concert Hall; and in these meeting rooms - Grape Room, Potato Room, Cotton Room, and Carrot Room. The project is funded with Capital Outlay Funds. Two acceptable bids were received. Staff recommends award to New Image Comm.e;rcial Flooring. Item 5¥. Award Contract to Loop Electric for Construction of a Traffic Siqnal and Liqhtinq Installation on Brimhall Road at Windsonq Street in the amount of $87,741.75. The project consists of installing a traffic signal, lighting system, handicap ramp, pavement markings, and striping and signage. The project is funded entirely with Gas Tax Funds. Agenda Highlights June 23, 2004 Page 3 CONSENT CALENDAR HEARINGS Items 6a. Public Hearinq to Consider Resolution Orderinq the Vacation of the South 126 feet of the 30- foot Wide Alley between Oak Street and Olive Street Extendinq from Palm Street to Dracena Street The Safe-1 Credit Union owns property on both sides of the public alley at 400 Oak Street (Palm and Oak Streets) and are requesting vacation of the south 126 feet of the alley as part of their building expansion and site development plan. This request is a revision of a prior application for vacation of the entire length of the alley, which was denied because the proposal did not provide adequate access for City refuse collection. Public Works requires that the applicant provide for a 25-foot wide public access lane. connecting the remainder portion of the alley to Olive Street. A public utility easement must also be reserved over the entire vacating area to protect utility facilities. The proposed vacation was heard by the Planning Commission at its meeting of May 6, 2004, and was found to be consistent with the 2010 General Plan. Items 6b. and 6c. Protest Hearinqs reqardinq Street and Park Landscapinq Assessments for the Consolidated Maintenance District. These protest hearings are required by a resolution adopted on June 9, 2004 which preliminarily adopted the budget for the District. The hearings will hear protests on the following: the fairness of the benefit formula, the zone of benefit including tier level, the amount of the landscaping assessment on any parcel of property to be assessed, and the reservation by the City of right to elect whether to proceed to perform work by City forces or by private contractor. The landscaping assessments were not increased for FY 2004-05. Item 6d. Protest Hearinq Reqardin.q the Assessment for Nine Traffic Siqnal Maintenance Districts These protest hearings are required by a resolution adopted on June 9, 2004 which preliminarily adopted the budget for the Districts. The hearings will hear protests on the following: the fairness of the benefit formula, the amount of the assessment on any parcel of property to be assessed, and the reservation by the City of right to elect whether to proceed to perform work by City forces or by private contractor. The assessment rates were not increased for FY 2004-05. Item 6e. Continued Public Hearinq to Consider an Increase in the Monthly Readiness-to-Serve Charqe and Quantity Rate for the City of Bakersfield Water System. This hearing was continued from the Council meeting of May 26, 2004. To date, the City Clerk has received only one protest letter. CLOSED SESSION There will be a conference with legal counsel regarding potential litigation. CONTINUATION OF REGULAR MEETING - 7:00 p.m. HEARINGS Item 14a. Protest Hearinq Proposinq to Add Territory (Baker Street II) to the Consolidated Maintenance District. The City is proposing to install street landscaping in an area generally bounded by Sumner Street on the north, King Street on the east, Truxtun Avenue on the south and Kern Street on the west. This hearing is to hear protests to adding Baker Street II to the Consolidated Maintenance District. As of May 3, 2004, six ballots have been returned, all in favor of adding this area to the Consolidated Maintenance District. Agenda Highlights June 23, 2004 Page 4 DEFERRED BUSINESS Item 15a. Fiscal Year 2004-05 Budqet. Staff recommends that Council approve resolutions adopting the Fiscal Year 2004-05 City of Bakersfield and Bakersfield Redevelopment Agency (BRDA) Operating and Capital Improvement Budgets inclusive of adjustments proposed during the budget workshops, as well as technical changes arising from new information. The total Budget is $314,034,819 with the Operating Budget totaling $259,305,156, the Capital Improvement Program Budget totaling $46,950,100, the BRDA Operating $7,779,563. Also included in this item is the resolution adopting the Fiscal Year 2004-05 Appropriations Limit of $189,173,478. NEW BUSINESS Item 16a. Resolution Callinq for November 2, 2004 Election. This resolution calls for a General Municipal Election for the seats in Wards 2, 5 and 6. Additionally, a letter of "Intent to Vacate Council Seat" was received from Councilmember Salvaggio, who intends to resign at the time the elected Councilmembers are sworn in. Therefore, this resolution also calls for the election to fill the unexpired terms for the seat in Ward 7. Approved: John W. Stinson, Assistant City Manager cc: Department Heads City Clerk's Office News Media File FY 2004/05 DEPARTMENT BUDGET PRESENTATIONS QU ESTIONS/RESPONSES Date: Monday, June 7, 2004 Department Presentations to Council completed With responses not available at time of packet distribution. Question Response Councilmember No. 12 RequeSted information on the revenue Response Memorandum from the Assistant Harold Hanson derived from and the cost incurred to the City Manager tothe City Manager attached. General Fund for the maintenance of maintenance districts. (John Stinson) No. 16 Requested. staff to establish a mechanism to Response Memorandum from the Assistant Vice-Mayor Couch fund canal culvert repairs in advance. City Manager to the City Manager attached. (John Stinson) S:\04-05Budpro\QUESTlONS-RESPONSES\MatrixO4junO7Part2.doc B A K E R S F I E L D OFFICE OF THE CITY MANAGER MEMORANDUM _~_ _ .~ June 11,2004 TO: Alan Tandy, City Manager 'FROM: John W. Stinso~ ~sistant City Manager SUBJECT: FY 2004-05 Budget Question re. General Fund Support of Maintenance Districts Councilmember Hanson asked for information regarding General Fund support of Maintenance Districts. Property owners pay an annual Fee based upon the density of improvements within a zone or area of benefit. Individual areas are assigned "tiers", with each tier being assessed a different fee based on the quality or density of improvements. There are four park tiers with fees ranging from $8.70 to $25.82 annually. There are seven streetscape tiers with fees ranging from $11.54 to $91.34 annually. Some areas are in both a park and streetscape district so the property is assessed.a combined fee. All the rates above have remained unchanged since 1996. In 1996, California voters passed Proposition 218, which requires that fee increases, including Maintenance .Districts, be approved by a vote of the affected property owners. Because it was considered unlikely that the required number of property owners under the new law would approve Maintenance District fee increases, no increases have .been requested and fees have remained unchanged since 1996. Therefore, it has been recognized that a portion of parks and streetscape maintenance would be subsidized by the-General Fund. Since 1996 Maintenance District revenues have not kept pace with the expenditures. Maintenance District revenue growth has been steady, but expenditures have grown at a faster rate. In FY 95-96 the General Fund provided $163,918 (or about 10% of the total annual cost of $1,634,002) in support of park and streetscape Maintenance Districts. For FY 03-04 the General Fund support has grown to $1,319,801 (or about 40% of the total annual cost of $3,268,801) in support of park and streetscape Maintenance Districts. There is one primary cause for the growth in the General Fund subsidy over time. Because there has been no fee increase since 1996, the General Fund has absorbed the annual cost increases due to inflation for eight years. Under these S:~JOHN',Budget~Budget Response - Maintenance Districts.doc existing conditions and rapid residential growth, the gap between revenues and expenditures will continue to widen and the drain on the General Fund will grow unless a Maintenance District Fee increase is implemented. Staff is currently. reviewing the feasibility and timing of potentially raising the .Maintenance District fees under current law. However, we are awaiting the outcome of State budget deliberations before proceeding as they may impact the level of fee increase recommended to the City Council for consideration. S:~JOHN~Budget~Budget Response - Maintenance Districts.doc B A K E R S F I E L D OFFICE OF THE CITY MANAGER MEMORANDUM June 14, 2004 TO: Alan Tandy, City Manager /~.~ FROM: John W. Stinson,~ssistant City Manager /// f SUBJECT: FY 2004-05 budget question re. mechanism tO fund culvert repair in advance. Vice-Mayor Couch asked if staff could .explore sOme type of mechanism to fund culvert repairs in advance. Currently, the City utilizes the Facility Replacement Reserve to fund ongoing maintenance of city capital facilities. Typically funds going into the reserve are one- time in nature and funds are set aside as they are available to be used for capital projects. Due to recent budgetary circumstances and potential for state budget captures, it has been difficult to set aside general purpose funds for these types of uses. A portion of ongoing general purpose funds could be set aside for future culvert repairs, however, any funds set aside would require offsetting reductions in General Fund operating budgets and services such as police, fire, street repairs, recreation and parks, etc. 'It is possible that in the future if fiscal conditions improve, a portion.of general purpose .funds (one-time or ongoing) could be set aside each year towards canal repairs. The amount to set aside each year in the Facility Replacement Reserve for future repairs would be dependent on the repairs to be done and the funds available. Staff has included in the FY 2004-05 budget $409,000 in gas tax funds for canal repairs on South Chester and South P Streets. The City can use Gas Tax funds for these types of projects. However, due to State budget actions reducing, road maintenance funds to fund reconstruction and resurfacing projects, using Gas Tax -funds for road repairs should remain a priority over culvert repairs. Staff can also explore the possibility of incorporating the upgrading of some culvert facilities to current standards when related de.velopment occurs and funding of these projects with transportation impact fees. This will require identifying and incorporating those culvert projects which are impacted by new development and including their costs into the Transportation 'Impact Fee program. S:~JOHN~Budget~Canal Culvert Repairs.doc