HomeMy WebLinkAbout05/20/05 B A K E R S F I E L D
CITY MANAGER'S OFFICE
MEMORANDUM
May 20, 2005
TO: Honorable Mayor and City Council
FROM: Alan Tandy, City Manager
SUBJECT: General Information
1. We are beginning to see more requests from non-profit groups for funding. We
have received requests from the Bakersfield Symphony for a $50,000+
contribution, the Valley Fever Vaccine Project for a $50,000 contribution to their
project and, recently, a request from KEDC for a $500,000 contribution paid over
five years. We also have a request to resume funding of televising Planning
Commission meetings at a cost of $36,000 per year.
2. Attached is information from the March edition of the FPPC Bulletin regarding
violations of the Mass Mailing regulation. The City of Inglewood was recently fined
$50,000 for 10 separate violations related to the publication of their city newsletter.
Although their actions appeared harmless, the attached Order issued by the
Commission ruled that featuring elected officials was a clear violation of the
Political Reform Act.
3. Diane Hoover, the new Recreation and Parks Director, will begin work next week.
4. As was mentioned a few weeks ago, we updated the police officer to population
numbers of the 20 largest cities in California. We also ran the numbers by our
survey cities group, those that we consider the most comparable to us. The
composite numbers came out 1.5 officers per thousand for the twenty largest and
1.31 per thousand for our survey cities. Our goal is 1.3, but we are below that as
we attempt to catch up from difficult budget times. The bottom line, our goal is
old but apparently still "on target".
5. As a related item to the above information, a report from Chief Rector showing the
comparison of crime statistics for the first quarter of 2004 to 2005 is enclosed. It is
favorable news, but crime statistics vary, so until and unless it holds another
quarter or two, it's not of great significance.
6. Attached is the time frame that it took to annex a relatively small populated
neighborhood where there was no significant protest. LAFCO is slow; our adopted
annexation policy is slow. Between them, it took two years.
Honorable Mayor and City Council
May 20, 2005
Page 2
7. "Movies in the Park" began last Friday, May 13th, at Saunders Park. The next
movie will be shown at Jastro Park on Friday, May 27th.
8. The Wayside Spray Park will begin seasonal operation this Saturday, May 21st.
Hours will be from 9:00 a.m. to 8:00 p.m. daily.
9. The ribbon cutting event at the Planz Spray Park will take place .on Thursday, May
26th at 3:30 p.m.
10. A status report for on-going EDCD projects for the third quarter of FY 2004/05 is
enclosed for your review.
11. The agenda for the next High Speed Rail authority meeting on May 25th is
attached.
12. Responses to Council requests are enclosed, as follows:
Coun¢ilmember Benham
· Citizen concerns regarding parking issues in the Dunsmuir Area;
Vice-Mayor Ma.q.qard
· Status report on GET's placement of bus stops at Bakersfield College;
· Access plan for Highway 184;
· Citizen inquiry regarding handicapped access at Rabobank Arena;
Councilmember Couch
· Update on funding and development standards for 7th Standard Road,
including arterials, collectors, and intersections;
· Time frame for providing an update of the 2004-2025 Regional Transportation
Facilities List and fee schedule;
Councilmember Hanson
· Staff contact with landscaper regarding design of public landscaping;
Councilmember Sullivan
· Pothole repair on Cheshire Drive;
· Replacement of dead shrubs on Acres Road south of White Lane;
· Code enforcement actions related to vacant residence with stagnant pool
water.
AT:rs
cc: Department Heads
Pamela McCarthy, City Clerk
From: Pam McCarthy
To: Ginny Gennaro
Date: 5/19/2005 4:00:21 PM
Subject: Mass Mailing' Violation
Attached is information from' the FPPC on Mass Mailing violations committed by the City of Inglewood.
There were 10 violations which resulted in $50,000 in fines to the City.
I think this shows that our cautious approach to Mass Mailings is warranted.
CC: Alan Tandy; Roberta Gafford
Page 23 FPPC Bulletin March 2005 Volume
IIIIII III1[ I[[ I Ii]]llli I I IIIIIIIIIllll
(Co.,,,..a/~om~g. :2~ · In the Matter of Association of American
Medical Colleges, FPPC No. 04-800. Asso-
· In the Matter of Lusardi Construction clarion of American Medical Colleges of
Company, FPPC No. 04-778. Lusardi Con- Washington, DC, failed to timely disclose
struction Company of San Marcos failed to contributions totaling $10,000 in 2003 (1
timely disclose a late contribution totaling count). $400 fine.
' $10,000 in 2002 (1 count); $1,500 fine.
· In the Matter of Brett Messing, FPPC No.
· In the Matt. er of Mark Christopher Auto 04-0804. Brett Messing of Los Angeles failed
Center, Mountain View Chevrolet, to timely disclose contributions totaling
CSM&C Expansion, FPPC No. 04.779. $14,000 in 2003 (1 count) $400 fine.
Mark Christopher Auto Center, Mountain
View Chevrolet, CSM&C Expansion of On- ,, In the Matter of B. L. Schwartz, FPPC No.
tario failed to timely disclose a late contribu- 04-794. B. L. Schwartz of New York, New
tion totaling $10,000 in 2002 (1 count). York failed to timely disclose contributions
$1,500 fine. totaling $15,000 in 2003 (1 count). $400 fine.
· In the Matter of Farmers Group, Inc. and · In the Matter of Syntex USA LLC, FPPC
Affiliated Entities, FPPC No. 04-673. No. 04.797. Syntax USA LLC of Palo Alto
Farmers Group, Inc. and Affiliated Entities of failed to timely disclose contributions totaling
Los Angeles failed to timely disclose late $27,726 in 2002 (1 count). $800 fine.
contributions totaling $19,400 in 2004 (12
counts). $2,910 fine. ,, In the Matter of Advanced Diagnostic And
Surgical Center, Inc., FPPC No. 04-807.
Major Donor vi0!ati°hs. Advanced Diagnostic And Surgical Center,
Inc. of Alhambra failed to timely disclose con-
tributions totaling $25,000 in 2003 (1 count).
Failure to Timely File Major Donor State- $400 fine.
merits - Proactive Program. Staff: Chief Inves-
tigator Sue Straine, Investigator III Jon Wroten,
and Political Reform Consultant Mary Ann Kva- · In the Matter of Herbert M. Gelfand, FPPC
sager. The following persons and entities have No. 04-793. Herbert M. Gelfand of Beverly
entered into stipulations for failing to file major Hills failed to timely disclose contributions to-
donor campaign statements that were due for taring $10,500 in 2003 (1 count). $400 fine.
the calendar years 2002 and 2003, in violation
of. Govemment Code section 84200:
· In the Matter of Sawhill Consulting, FPPC
No. 04-802. Sawhill Consulting of Sacra- Meetin_
mento failed to timely disclose contributions ~ .
totaling $10,000 in 2002 (1 count). $400 sending ia Mass. M.~j,lin¢l:.at Public
fine. ~nse "~ · .".'. '
· In the Matter of People For The American ·
Way, FPPC No. 04.798. People for The
American Way of Washington, DC, failed to
timely disclose contributions totaling i~ .~!~? ~ i~ ~1~ W~0di '
$11,000 in 2003 (2 counts). $400 fine.
1 STEVEN BENITO RUSSO
Chief of Enforcement
2 JULIA BILAVER
Senior Commission Counsel
3 FAIR POLITICAL PRACTICES COMMISSION
428 J Street, Suite 620
4 Sacramento, CA 95814
Telephone: (916) 322-5660
5 Facsimile: (916) 322-1932
6 Attorneys for Complainant
7
8 BEFORE THE FAIR POLITICAL PRACTICES COMMISSION
9 STATE OF CALIFORNIA
10
11 In the Matter of ) FPPC No.: 01/112
CITY OF INGLEWOOD, ) STIPULATION, DECISION AND
13 ~ ORDER
14 )
)
15 Respondent. )
)
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17 Complainant Mark Krausse, EXecutive Director of the Fair Political Practices Commission, and
18 Respondent City of Inglewood hereby agree that this stipulation will be submitted for consideration by
19 the Fair Political Practices Commission at its next regularly scheduled meeting.
20 The parties agree to enter into this stipulation .to resolve all factual and legal issues raised by thi~
21 matter, and to reach a final disposition without the necessity of holding an administrative hearing to
22 determine the liability of Respondent.
23 Respondent understands, and hereby knowingly and voluntarily WaiVes, any and all procedural
24 fights set forth in sections 83115.5, 11503 and 11523 of the Government Code, and in section 18361 of
25 title 2 of the California Code of Regulations. This includes, but is not limited to, the fight to personally
26 appear at any administrative hearing held in this matter, to be represented by an attorney at
27 Respondent's own expense, to confront and cross-examine all witnesses testifying at the hearing, to
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STIPULATION, DECISION AND ORDER
I I subpoena witnesses to testify at the hearing, and to have an impartial administrative law judge preside
2 over the hearing as a hearing officer.
3 It is further stipulated and agreed that Respondent City of lnglewood violated the Political
4 Reform Act by contracting with a third party vendor who sent prohibited mass mailings at public
5 expense in violation of section 89001 of the Government Code (ten counts), as described in Exhibit 1.
6 Exhibit 1 is attached hereto and incorporated by reference as though fully set forth herein. Exhibit 1 is a
? true and accurate summary of the facts in this matter.
8 Respondent agrees to the issuance of the decision and order, which is attached hereto.
9 Respondent also agrees to the Commission imposing upon it an administrative penalty in the amount of
10 Fifty Thousand Dollars ($50,000). A cashier's check from Respondent in said amount, made payable to
11 the "General Fund of the State of California," is submitted with this stipulation as full payment of the
12 administrative penalty, and shall be held by the State of California until the Commission issues its
13 decision and order regarding this matter. The parties agree that in the event the Commission refuses to
14 accept this stipulation, it shall become null and void, and within fifteen (15) business days after the
15 Commission meeting at which the stipulation is rejected, all payments tendered by Respondent in
16 connection with this stipulation shall be reimbursed to Respondent. Respondent further stipulates and
17 agrees that in the event the Commission rejects the stipulation and a full evidentiary hearing before the
18 Commission becomes necessary, neither any member of the Commission, nor the Executive Director,
19 shall be disqualified because of prior consideration of this stipulation.- ·
2O
21 Dated:
Mark Krausse, Executive Director
22 Fair Political Practices. Commission
23
25 Dated: City of Inglewood, ReSp°ndent
26 By:
27 Mark F. Weinberg, CitY Administrator
28
2
STIPULATION, DECISION AND ORDER
I DECISION AND ORDER
2 The foregoing stipulation of the parties "In the Matter of the City of Inglewood, FPPC No.
3 01/112," including all attached exhibits, is hereby accepted as the final decision and order of the Fair
4 Political Practices Commission, effective upon execution below by the Chairman.
6 IT IS SO ORDERED.
7
8 Dated:
9 Liane M. Randolph, Chairman
Fair Political Practices Commission
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3
STIPULATION, DECISION AND ORDER
EXHIBIT 1
INTRODUCTION
Respondent City of Inglewood is located in the County of Los Angeles. Government
Code section 89001 of the Political Reform Act (the "Act')I prohibits the sending of a newsletter
or mass mailing at public expense, if the mailing features an elected officer affiliated with the
agency that produces or sends the mailing. In this matter, Respondent contracted with a third
party vendor who sent ten mass mailings at public expense featuring various elected city officials
including: City of Inglewood Mayor Roosevelt Dom, City of Inglewood Councilmembers
Curren Price, Jr., Jose Fernandez, Lawrence Kirkley, Eloy Morales, Jr., and City of Inglewood
Treasurer Wanda Brown.
For the purposes of this stipulation, Respondent's violations of the Act are stated as
follows:
COUNT 1: Respondent City of lnglewood sent a mass mailing at public expense by
sending to city residents the October 2000 issue of a magazine entitled
Inglewood Today, which featured three elected city officials, in violation
of section 89001.
COUNT 2: Respondent City of Inglewood sent a mass mailing at public expense by
sending to city residents the December 2000 issue of a magazine entitled
Inglewood Today, which featured an elected city official, in violation of
section 89001.
COUNT 3: Respondent City of Inglewood sent a mass mailing at public expense by
sending to city residents the March 2001 issue of a magazine entitled
Inglewood Today, which featured an elected city official, in violation of
section 89001.
COUNT 4: Respondent City of Inglewood sent a mass mailing at public expense by
sending to city residents the January 2002 issue of a magazine entitled
Inglewood Today, which featured four elected city officials, in violation of
section 89001.
COUNT 5: Respondent City of Inglewood sent a mass mailing at public expense by
sending to city residents the February 2002 issue of a magazine entitled
Inglewood Today, which featured four elected city officials, in violation of
section 89001.
~ The Political Reform Act is contained in Government Code sections 81000 through 91014. All statutory
references are to the Government Code, unless otherwise indicated. The regulations of the Fair Political Practices
Commission are contained in sections 18 ! 09 through 18997 of title 2 of the California Code of Regulations. All
regulatory references are to title 2, division 6 of the California Code of Regulations, unless otherwise indicated.
EXHIBIT 1 IN SUPPORT OF STIPULATION, DECISION AND ORDER
FPPC NO. 01/112
COUNT 6: Respondent City.of Inglewood sent a mass mailing at public expense by
sending to city residents the April 2002 issue of a magazine entitled
Inglewood Today, which featured an elected city official, in violation of
section 89001.
COUNT 7: Respondent City of Inglewood sent a mass mailing at public expense by
sending to city residents the July 2002 issue of a magazine entitled
Inglewood Today, which featured an elected city official, in violation of
section 89001.
COUNT 8: Respondent City of lnglewood sent a mass mailing at public expense by
~ sending to city residents the December 2002 issue of a magazine entitled
Inglewood Today, which featured an elected city official, in violation of
section 89001.
COUNT 9: Respondent City of Inglewood sent a mass mailing at publi~ expense by
sending to city residents the August 2003 issue of a magazine entitled
Ingle~vood Today, which featured an elected city official, in violation of
section 89001.
COUNT 10: Respondent City of Inglewood sent a mass mailing at public expense by
sending to city residents the September 2003 issue of a magazine entitled
Inglewood Today, which featured an elected city official, in violation of
section 89001.
SUMMARY OF THE LAW
An express purpose of the Act, as set forth in section 81002, subdivision (e), is to ensure
that laws and practices unfairly favoring incumbents be abolished in order for elections to be
conducted more fairly. The Act therefore places restrictions on the use of public funds by an
incumbent elected officer when communicating with his or her constituents. (Watson v. Fair
Political Practices Com. (1990) 217 CaI.App.3d 1059.) Section 89001 prohibits the sending of a
newsletter or mass mailing at public expense. Section 82041.5 defines a "mass mailing" as more
than 200 substantially similar pieces of mail, but does not include a form letter or other mail
which is sent in response to an unsolicited request, letter or other inquiry.
Regulation 18901, subdivision (a) provides that a mailing is prohibited by section 89001
if four criteria are met. First, the item must be delivered, by any means, to the recipient at his or
her residence, place of employment or business, or post office box. The item may be any
tangible item, such as a videotape, record, button, or written document. (Regulation 18901,
subd. (a)(l).)
Second, the item must feature an elected officer affiliated with the agency that produces
or sends the mailing. (Regulation 18901, subd. (a)(2)(A).) In' the alternative, the item must
i~cl~de the name,~ oft~ce, ph0tograph~ or ;0ther:.referen~e~ to an e~ect~ officer:affiliated xvi~ th~
agency that produces or sends the mailing, and must be prepared or sent in cooperation,
2
EXHIBIT 1 IN SUPPORT OF STIPULATION, DECISION AND ORDER
FPPC NO. 01/! 12
consultation, coordination, or concert with the elected officer. (Regulation 18901, subd.
(a)(2)(B).) An item features an elected officer when the item includes the elected officer's
photograph or signature, or singles out the elected officer by the manner of display of his or her'
name or office in the layout of the document. (Regulation 18901, subd. (c)(2).)
Third, the cost of distributing the item must be paid for with public moneys. (Regulation
18901, subd. (a)(3)(A).) In the alternative, the cost of designing, producing, and printing the
item must exceed $50 and must be paid for with public moneys and the design, production, or
printing is done with the intent of sending the item other than as permitted by regulation 18901.
(Regulation 1890.1, sub& (a)(3)(B).)
Fourth, more than 200 substantially similar items must be sent, in a single calendar
month, excluding any item sent in response to an unsolicited request. (Regulation 18901, subd.
(a)(4).)
SUMMARY OF THE FACTS
COUNTS 1 - 10
Sending a Prohibited Mass Mailing at Public Expense
As a government agency, Respondent is prohibited fi:om sending any newsletter or other
mass mailing at public expense if the mailing features an elected officer affiliated with the
agency that produces or sends the mailing.
In May 1996, Respondent entered into a contract with Ads-Up Advertising, Inc. ("Ads-
Up"). Pursuant to the contract, Respondent agreed to pay $10,800 per month to Ads-Up, and
Ads-Up agreed to develop, print, circulate, and deliver, to every business and residence in the
City of Inglewood, a monthly magazine entitled lnglewood Today. The contract also provided
that at least 11 pages would be dedicated for use by the city.
From October 2000 to September 2003, ten monthly issues of lnglewood Today
impermissibly featured one or more elected city officials. The following table lists the month
and year of the city newsletter in which an elected city official was featured, the name of the
elected official who was featured, and the manner in which the official was featured:
Count Monthly: Issue Elected City Official(s) Featured How Official Was
0f NewSlett~,r,. Featured in Newsletter
1 October 2000 Mayor RoOsevelt Dom Separate photograph of
Councilmember Jose Fernandez each official.
City Treasurer Wanda Brown
2 December 2000 City Treasurer Wanda Brown Single photograph.
3 March 2001 Mayor Roosevelt Dom Group photograph on
cover of newsletter.
4 January 2002 Mayor Roosevelt Dom Group photograph of
Councilmember Curren Price, :3r. ' each official
Councilmember Jose Fernandez
3
EXHIBIT I IN SUPPORT OF STIPULATION, DECISION AND ORDER
FPPC NO. 01/112
..... ' ....... ~' C°uncilmember'LaWrence Kirkley
"5"' 'i:, Fe~ary:2002' MaY0rR0°SeVeli:.i~m "' Group photograph of
~:' . ,' i'.,"" C0unci'lm~b~CUrren Price, Jr. each official and
.COun~ilmemb~t:jose Fernandez separate photograph of
~:i-' · .;? .~ .' ,. ':. ! i:.' '. :.,-.i:,:i.' i C0~'~ilmemb~r Lawrence Kirkley mayor.
6" .'.i'i'::~ Api41.2002..:?. ".~'.' 'Mi~Y~rR~se~elt Dorn~: '. "~'i:' Groupphotogra0h~
'7 . July:2002..' :Mayor RooseVelt.DOm :- '..:. · Group photograph.
MayOrRo0SeVeltDorn·· . .:'. Cffoi~P'ph0tograDh(
:9..i: . Aunt2003- Co~mCilmemberCurren price, Jr:' · 'GrOup~hotograph..
'~0 ' , S'eptemb~ 2003 CoUncilmember EloY.MOrales~iJr(' :GrOup photograph.. ·
By contracting with a third party vendor who sent ten mailings at public expense
featuring elected officials of the City of Inglewood, Respondent committed ten violations of
section 89001.
Additional Information
Respondent was the subject of a previous enforcement action, which also involved the
same publication and type of mass mailing violation that is the subject of this stipulation. In the
previous matter, Respondent violated section 81009 by including a monthly column in each issue
of Inglewood Today that was written by lnglewood Mayor Roosevelt Dom. The previous matter
was resolved with the issuance of a warning letter in September 2000.
CONCLUSION
This matter consists of ten counts of violating section 89001, and carries a maximum
possible administrative'penalty of $5,000 per violation, for a total administrative penalty of
$50,000
Sending a prohibited mass mailing at public expense isa serious violation of the Act, as
it harms the integrity of the election process. As Respondent was previously admonished for
similar violations, the facts of this case j~lify imposition Qf ~¢ .n~.~ximum ad. mi~istra[ive penalty
of $50,000.
4
EXHIBIT 1 IN SUPPORT OF STIPULATION, DECISION AND ORDER
FPPC NO. 01/112
Police Officers per 1,000 population
Population Total Sworn Officer Officer per
Rank City Population Complement 1000 Population
6 Fresno 464,727 803 1.73
19 San Bernardino 199,803 306 1.53
13 Stockton 279,513 377 1.35
17 Glendale 207,007 274 1.32
16 Modesto 207,634 270 1.30
12 Riverside 285,537 364 1.27
20 Oxnard ' 188,849 232 1.23
11 Bakersfield 295,893 345 1.17
15 Fremont 210,445 188 0.89
Average 1.31
note: data not collected for Ontario and Pasadena
Sworn Personnel Survey
2005 CITY POPULATION RANKINGS
California Cities Ranked by 01/01/2005 Total Population
Total Officer Officer/
Rank City County Population Complement looo Pop
1 LOS ANGELES LOS ANGELES 3,957,875 9,500 2.40
2 SAN DIEGO SAN DIEGO 1,305,736 2,072 1.59
3 SAN JOSE SANTA CLARA 944,857 1,351 1.43
4 SAN FRANCISCO SAN FRANCISCO 799,263 2,160 2.70
5 LONG BEACH LOS ANGELES 491,564 975 1.98
6 FRESNO FRESNO 464,727 803 1.73
7 SACRAMENTO SACRAMENTO 452,959 780 1.72
8 OAKLAND ALAMEDA 412,318 741 1.8o
9 SANTA ANA ORANGE 351,697 398 1.13
10 ANAHEIM ORANGE 345,317 400 1.16
11 BAKERSFIELD KERN 295,893 345 1.17
12 RIVERSIDE RIVERSIDE 285,537 364 1.27
13 STOCKTON SAN JOAQUIN 279,513 377 1.35
14 CHULA VISTA SAN DIEGO 217,543 231 1.06
15 FREMONT ALAMEDA 210,445 188 0.89
16 MODESTO STANISLAUS 207,634 270 ' 1.30
17 GLENDALE LOS ANGELES 207,007 274 ~ .32
18 HUNTINGTON BEACH ORANGE 200,763 223 1.11
19 SAN BERNARDINO SAN BERNARDINO 199,803 306 1.53
20 OXNARD VENTURA 188,649 232 1.23
AVERAGE OFFICER TO POPULATION RATIO = 1.5
RECEIVED
HAY 2 0 2005
CITY MANAGER'S OFFICE
BAKERSFIEL~ ~o~.~c~.
MEMORANDUM
Date: May 20, 2005
To: Alan Tandy, City Manager
From: W.R. Rector, Chief of Police
Subject! First Quarter Part 1 Crime Stats
Enclosed is a comparison between first quader crime stats for years 2005/2004. As
illustrated we are showing negative to minimal increases in Part 1 Crimes, with the
exception of burglary.
Staff has conducted several joint operations with other law enforcement agencies in
order to focus on both violent and property crimes.
This statistical information serves to look at trends and to formulate action plans to
address the specific crime categories.
We are cautiously optimistic about this downward trend. I will provide more crime
statistical information in July, focusing on the first six month period. This will give us a
better explanation as to the crime patterns for the City.
WRR/vrf
BAKERSFIELD POLICE DEPARTMENT
5
20.0% 17
23.5% 130
1.5% 324
-25.0% 677
34.9% 2693
-5.1% 563
-8.2%
-0.5% 4409
~71.8%
1st 1st
2005 Quarter YTD 2004 Quarter YTD
Homicide 6 6 Homicide 5 5
Rape 21 21 Rape 17 17
Robbery ~ 32 132 Robbery 130 130
Aggravated Assault 243 243 Aggravated Assault 324 324
Burglary 913 913 Burglary 677 677
Larceny 2557 2557 Larceny 2693 2693
Auto Theft 517 517 Auto Theft 563 563
Total Part One Index 4389 4389 Total Part One Index 4409 4409
;~;ii:~~ame ,.:..i~:i:~,:::: !: i.~!ii::i~:ii~;ii ,i:ii,~::i::! ~: .c ,:,~ : :~ :i :'!,..: "~: ::i: :::::::~ :~
: yo:, hange:Same; !!:: : :; :::: ,::::::~: ::: ;: ::.;: ::: ::::: !: ::
'-~--: ~ :: i!:. i:::,' ~ e~5°/O ~,Year: :!i:: ~:: ~i, ~ :~: :.!~!~!'~: i ,;,,::,~ ~=~,~:: ,!'.~ ,.,~:,~i!~, , .~':9~.31~,:% ~ :::.~::~,~ :~ 1:9~,3:'~:"/~,
Timeline for Froelich Palms Annexation
Event Date
Residents request from city information about annexation May 9, 2003
Staff makes contact with neighborhood rep. Bob Blakemore May 20, 2003
Address list of neighborhood obtained June 6, 2003
Letter and interest card sent to neighbors to gauge interest June 24, 2003
(27 want meeting, 9 by phone, 6 not interested, 10 returned mail)
Initial neighborhood meeting in neighbor's home Oct. 14, 2003
Flyer and copy of FAQ's mailed to all residents Oct. 31, 2003
Second neighborhood meeting at nearby church Nov. 6, 2003
Hearing notice and response cards mailed to residents Nov. 17, 2003
Notice of public hearing and legal notice in newspaper Nov. 20, 2003
Public hearing before City Council to take neighbor testimony Dec. 10, 2003
Resolution of application approved by City Council Jan. 14, 2004
Annexation applicatiOn received by LAFCo Apr. 5, 2004
Approval of Property Tax eXchange with Kern County Jul. 19, 2004
Public Hearing held by LAFCo Nox~. 23, 2004
Protest Hearing held by LAFCo Jan. 21, 2005
Annexation fees sent to City by LAFCo Feb. 15, 2005
Certification of Completion received from County Recorder April 28, 2005
B A K E R S F I E L D
Department of Recreation and Parks
Date: May 18, 2005
To: Alan Tandy, City Manager
From: /~C~n Christensen, Assistant City Manager
Subject: Recreation Happenings
WAYSIDE SPRAY GROUND OPENING
The spray ground at Wayside Park will begin seasonal operation on Saturday,
May 21,2005. Current operational hours will be 9:00 a.m. to 8:00 p.m. seven
days a week.
MOVIES IN THE PARK
Our movies in the Park activity began Friday, May 13, 2005 at Saunders Park
with over 200 in attendance watching "Charlotte's Web".
The next movie will be "BABE" and it will be at Jastro Park on Friday, May 27,
2005 at dusk.
RE'CEiVED -
HAY 1 2005
B A K E R S F I E L D ~ITY MANAGER'S OFFICE
Economic and Community Development Department
MEMORANDUM
TO: Alan Tandy, City Manager (~~,' A/~2/J/~//
May 13, 2005
FROM: Donna L. Kunz, Economic Development Director
SUBJECT: Economic and Community Development Depa~ment Activity Repo~
This memo will serve as an update for Fiscal Year 2004-05, 3rd quarter (January 1 to May
13) concerning on-going housing, economic and.community development projects.
CAPITAL IMPROVEMENT PROJECTS
(Projects implemented by Public Works Department)
1. Automated Chemical Controllers at two Swimminq Pools
Funds in the amount of $45,500 (FY 02-03) were budgeted to install automated chemical
controllers at Jefferson and Martin Luther King Jr. Parks. MLK Jr. pool was completed on
June 15, 2005 and Jefferson completed on May 10, 2005.
2. Acquisition and Demolition Program
Funds in the amount of $311,340 (FY's 03-04 and 04-05) are available for acquisition and
demolition of deteriorated industrial, commercial and residential properties in economically
distressed areas for economic development projects. EDCD Staff has selected specific
sites'potentially eligible for these funds in the Baker Street corridor in connection with the
Old Town Kern Mixed Use Project. The acquisition process is currently under way on
remaining multiple commercial sites and demolition will take place when the properties
have been acquired.
3. Baker Street Streetscape Improvement Project (Phase II)
In November 2004, Congress appropriated funds for special projects under HUD's Special
Economic Development Initiative (EDI).' As part of this appropriation, the City 'of
Bakersfield received $280,000 for use towards the Baker Street Corridor, streetscape
improvement project, Phase 2. The funds will be matched with a previous CDBG allocation
of $300,000 resulting in a total allocation of $580,000 for the project. The project is
planned to include streetscape improvements on the west and east sides of Baker Street in
two components. The Truxtun Avenue to Sumner Street portion will install 17 decorative
street lights, 54 trees, automatic irrigation, banners and trash containers. Sumner Street to
Jackson Street component will reconstruct the railroad crossing; install curb, gutters and
S:\DEBBIE'S\3rd quarter 2004-05.doc I
sidewalks and install four decorative street lights. The proposed development between
Sumner and Jackson Street will not include landscaping at this time. Construction was
scheduled to be being by June 2005. However, due to delays by HUD in sending the
approval package the construction schedule will need to be adjusted accordingly.
According to HUD the EDI grant application is expected to be mailed to the City by June
2005.
4. Brunda.qe Lane Streetscap.e
Funds in the amount of $325,000 of Section 108 loan funds (FY 02-03) were budgeted for
median streetscape, sidewalk, lighting improvements, and street reconstruction from
Chester Avenue to Union Avenue. This project was completed the end of Apdl.
5. Fire Station #5 Construction Project
Funds in the amount of $270,955 (FY 02-03 and FY 04-05) were budgeted for acquisition,
design and construction of a new Fire Station No. 5 to be located at 102 East White Lane.
Property Management completed fire station site acquisition in December 2004. The
agreement for project design with RRM Design Group was approved on April 13, 2005.
Design should be completed by mid October 2005. Construction is scheduled to start by
May 2006 and to be completed by no later than February 2007.
6. Jefferson Park Swimming Pool Rehabilitation
Funds in the amount of $1,829,000 (FY's 01-02, 02-03, 03-04 and 04-05) were used for the
rehabilitation of the swimming pool at 801 Bernard Street. Funding was from a Section
108 loan and CDBG entitlement funds. Construction was completed May 13, 2005.
7. Martin Luther Kinq Jr. Park Wet Play Area
Funds in the amount of $200,000 of Section 108 loan funds were transferred from the
Career Counseling Center Facility Project to the wet play project. City forces have started
construction, and the project is scheduled to be completed by the middle of May 2005.
8. 19th Street and Eye Street Streetscape Improvement Project
Funds in the amount of $344,000 (FY's 03-04 and 04-05) were budgeted for streetscape
improvements on 19th Street from H Street to Eye Street and on Eye Street between 18~
and 19th Streets. Construction was delayed due to area drainage problems. Design
should be completed by July 2005. Construction is scheduled to start in October 2005 and
completed by the first week of December 2005.
9. Planz Park- Wet Play Area Project
Funds in the amount of $250,000 (FY's 01-02, 02-03, and 03-04) were budgeted for the
design and construction of a wet play area. City forces began construction in mid January
2005 andcompleted installation on April 15, 2005.
S:\DEBBIE'S\3rd quarter 2004-05.doc 2
10. The Park at Riverwalk Improvement Project
Staff received $314,822 in grant funds from the California Department of'Housing and
Community Development. Grant funds were available through the Jobs-Housing Balance
Incentive Grant Program. The grant requires funds go towards constructing the children's
playground for the park. The park is located at the southeast comer of the intersection of
Stockdale Highway and the Kern River. The funds for this project must be expended by
June 25, 2006. Design was completed in March 2004. A contract has been awarded, and
construction is expected to be completed by October 2005.
11. Southeast Bakersfield Street Improvement Project
Funds in the amount of $300,651 (FY 02-03) were budgeted to install curb and gutter and
to rehabilitate sidewalks in an area bordered by California Avenue, Pershing Street,
Brundage Lane and "Q" Street. Construction was completed by City Public Works forces
at the end of January 2005.
12. Southeast Bakersfield Street Li.qht Improvement Project
Funds in the amount of $81,621(FY 01-02) were budgeted to upgrade street lighting in
southeast Bakersfield. Project design has been completed. There is currently a shortage
of City forces and/or funds available to complete the lighting project therefore, the project
will have to go out to bid to a private contractor. An amendment was approved on
November 3, 2004 which increased construction funds and enlarged the project area
boundary. An implementation schedule should be prepared by Public Works by mid May
2005.
13. Southwest Corner of Chester Ave. and Brundage Ln. St. Improvement Project
Funds in the amount of $91,046 (FY 01-02 Am. #8) were budgeted for curb, gutter and
sidewalk reconstruction. The adjoining property owner has developed a McDonald's
Restaurant. Off site improvements (curb, gutter and sidewalk) is scheduled ~to be
completed with City forces by the end of May 2005.
14. Union 'A venue Street Improvement Project
Funds in the amount of $61,500 of Section 108 loan funds (FY 02-03) were budgeted for
installation of median streetscape, sidewalk, and lighting improvements on Union Avenue
from California Avenue to Belle Terrace. The available funds only .allowed for the
installation of street lighting from Terrace Way to Texas Street (Phase I). Phase II will be
constructed should more funds become available. Construction was completed on May 5,
2005.
S:\DEBBIE'S\3rd quarter 2004-05.doc 3
NON-PROFIT/PUBLIC FACILITY PROJECTS
Economic and Community Development staff is assisting the following various non-profit
organizations to acquire or improve their public facilities.
1. East and Southeast Crime Prevention
The Bakersfield Police Department is using $227,000 of FY 04-05 CDBG funds and has
hired 3.5 FTE police officers to increase police coverage in East and Southeast
Bakersfield. This activity benefits 23,162 citizens of Bakersfield within the boundaries of
Highway 'J78-North, Oswell Street and City Limits-East, White Lane-South, and Union
Avenue-West.
2. Bakersfield Senior Center
The Bakersfield Senior Center located at 530 4th Street will use $50,000 (FY 04-05) CDBG
funds to continue its current level of services to seniors in southeast and central
Bakersfield. The current services provided include: noon time meals, recreational
activities, physical fitness activities, senior advocacy, human services referrals, and
transportation for clients. Services at the center are ongoing.
3. Eml31oyment ,Reports
Staff continues to review annual (performance) employment reports for businesses that
received CDBG funds.
4. Fire Protection Services
City of Bakersfield Fire Department used $252,000 in CDBG funds to hire three additional
firefighters for Station #5 at 700 Planz Road, which provides full strength crews of four
persons per shift. Services are underway and on-going.
5. Community Family Center Ramp ,Construction
Community FamilY Center'(CFC) is seeking CDBG funding assistance for a handicap
accessible ramp to a modular building owned by Praise Tabernacle Church. This modular
building accommodates the 34th Street Collaborative meetings along with other community
service organizations. CFC's estimate to construct a ramp and overhead cover is about
$10,000. Staff was able.to allocate savings from a completed project for this activity
through an amendment to FY 04-05 Action Plan. A federal environmental review is now
underway; staff anticipates completion by mid May, 2005. Once environmental clearance
is granted, the agreement, which has been drafted, will be forwarded to the City Council for
review and action. The ramp construction will take approximately 45 days to complete,
once approval is granted.
S:\DEBBIE'S\3rd quarter 2004-05.doc 4
Emergency Shelter Grant Funded
1. Bakersfield Homeless Center
Agreement #04-311 between the City and the Bakersfield Homeless Center was approved
for FY 04-05 ESG funds for $61,850 by the City Council on October 20, 2004. The
approved funds are being used for operation and maintenance of the facility located at
1600 East Truxtun Avenue. This project is on-going.
2. Bakersfield Rescue Mission
Agreement #04-312 between the City and the Bakersfield Rescue MiSsion was approved
for FY 04-05 ESG funds for $61,850 by the City Council on October 20, 2004. The
approved funds are being used for operation and maintenance of the facility located at 830'
Beale Avenue. This project is on-going.
3. Alliance Against Family Violence & Sexual Assault
Agreement #04-313 between the City and the Alliance Against Family Violence & Sexual
Assault was approved for FY 04-05 ESG funds for $15,427 by the City Council on October
20, 2004. The approved funds are being used for operation and essential services for
counseling. This project is on-going.
HOUSING AND NEIGHBORHOOD REVITALIZATION PROJECTS
Economic and Community Development staff is assisting the following private and non-
profit organizations to acquire or improve their housing projects and neighborhood or
commercial facilities.
1. Habitat for Humanity
An agreement has been executed that allows Habitat to utilize a total of $100,000 in CHDO
funds to build five affordable single family homes. These homes will be sold to families
whose income is between 30% and 50% of the area's median income. The selected
Habitat ,family and volunteers provide the needed "sweat" equity labor to construct the
homes. In addition to assisting with acquisition costs, the loan to Habitat will assist in
paying for such construction costs as school fees, building permits, appraisal fees and
construction supervision. Habitat will initially have access to $50,000 to expend within 18
months. If they perform satisfactorily Habitat would have access to the additional $50,000
to expend also in 18 months. Habitat has submitted a request for the purchase of their first
property 337 Haley and an escrow has been opened for the purchase of the property.
2. The Parkview Cottages Housing, Project
The City was awarded a $1.4 million HELP grant which was used to acquire a portion of
the old foundry site located at 21st and "R" streets. The Parkview Cottage Housing project
consists of 74 single-family housing units, ranging from 1350 to 1750 square feet a unit.
Each unit will be two stories and have a two car garage. The estimated total project cost is
$10.4 million of which $1.1 in HOME and RDA funds have been set aside for the City's
Down Payment Assistance program. Staff has revised the recapture language to include
an equity sharing provision which will eliminate'the possibility of any undue enrichment.
S:\DEBBIE'S\3rd quarter 2004-05.doc 5
The developers schedule is to have two models and four units for purchase completed by
late May 2005. The six homes are currently under construction. The anticipated
completion date for the entire project is August 2006. Currently 54 potential homebuyers
have pre-qualified for a new home.
3. Southeast Bakersfield Infill Housin.q Project
The City was awarded a $500,000 CHFA loan to build affordable housing on scattered lots*
in southeast Bakersfield. The RDA assumed all rights and obligations of the CHFA HELP
Loan on February 26, 2003. D and D Development; T and T Construction, and D.O.D
Development, are building homes in the area. With the spike in housing and land costs,
developers have met with difficulty in finding affordable lots and willing sellers. Activity for
this project has slowed down considerably. Staff is currently working on a RFP for two new
developers and renewal with a current developer. Key round changes will increase the
loan amount from $50K to $100K; sales prices to $165K; agreement time frame will be two
years; and each developer will be obligated to complete at least four homes within the two-
year period which expires July 2007. This fiscal year, nine new homes were constructed,
bringing the total of new homes to sixteen. Staff anticipates the completion of another
home by the end of June, 2005.
4. Bakersfield Colle_cle Foundation Construction Alliance for Student
Achievement (CASA) Program
The Redevelopment Agency will be asked to donate residential lots (which were purchased
through tax default) to Bakersfield College Foundation (BCF) to build infill affordable
homes in the Southeast. Bakersfield College (BC) was awarded approximately $500,000
in HUD 2004 funding under the Hispanic Serving Institutions Assisting Communities
(HSIAC) program. This grant will be used to fund the Construction Alliance for Student
Achievement (CASA) project.
BCF has collaborated with Bakersfield College, Coleman Homes (now Lennox) and other
agencies to train students in the construction trades. The CASA program will enhance job
opportunities among Iow income residents while assuring developers and construction
firms have an adequate skilled labor pool to meet market demands for affordable housing.
This activity would address the demand for skilled craftsmen/women in the construction
field, and provide job training skills among minodty populations within older impoverished
neighborhoods of Bakersfield. Staff revised and forwarded the draft agreement to BCF in
late December, 2004. BC Foundation responded to the draft agreement in February, 2005,
requesting significant changes to the agreement. Changes are now under review by City
Attorney's office. An agreement could go to the Redevelopment Agency in June 2005.
5. Single-family Rehabilitation (SFR) Program
Rehabilitation is underway on four home improvement projects. Seventeen applications
are currently under review and six projects were completed during the quarter. Nine
applications were received during the quarter. This program is on-going.
S:\DEBBIE'S\3rd quarter 2004-05.doc 6
6. Home Accessibility (HA) Program
An extension of the annual HA contract with Muxlow Construction was approved October
2004 in the amount of $55,000. Over 20 disabled families have been assisted with home
access (grant) improvements this fiscal year. This program is on-going.
7. Program Marketin.q
Staff received approximately 75 inquiries about our various programs and mailed
information for assistance to potential clients. Staff gave out another 50 applications at
various marketing events. Staff continues to distribute housing brochures to potential
clients by mail, walk-ins, neighborhood marketing and through various community events
and fairs. Staff also enhances marketing by installing Home Improvement Program
marketing signs in front of all current construction projects. Staff on occasion has also
used weekend radio shows to market the city housing programs.
8. Fair Housing
Quarterly statistics compiled from reporting data collected from January through March
indicate approximately 320 calls on the fair housing hotline. There were 52 substantial
service calls that dealt with fair housing issues. There is one formal complaint currently
under review by staff. The fair housing discriminatiOn complaints and inquires to the Fair
Housing Hotline breakdown as follows: Familial Status - 25%, Race- 35%, Disability- 10%,
Sexual Orientation 8%, Other 22%.
Fair Housing staff offered two "Landlord Training Workshops" dudng this quarter. There
were approximately 20 people in attendance, representing four local property management
companies.
The annual Fair Housing Arts Contest took place during the month of March. The contest
is for all school aged children throughout Kern County. This year's theme was "America: A
Home for All." We received over 200 entries. The deadline to submit entries was March
31,2005. An award banquet was held for the winners on April 27, 2005 at Hodel's Country
Dining.
10. California Avenue Senior Housing (CVE) Project
Capital Vision Equities (CVE) has completed the construction of the180 senior housing unit
(one-bedroom) project in the southeast Bakersfield redevelopment project area. CVE
project consisted of property acquisition, site clearance, tenant/homeowner relocation, and
the new construction of the senior housing. CVE's total cost for the project is over $12
million. Applications are currently being accepted with a third of the units now occupied.
11. Restoration Community Project Inc., Youth Building Bakersfield (YBB)
An agreement was.approved which allows RCPI to receive $195,000 in CHDO HOME
funds to purchase and rehabilitate deteriorated housing in the southeast area. RCPI will
employ at-risk youth from 16-24 years of age to do the rehabilitation work. YBB will have a
training component for the youth, an educational component to secure a GED, and other
counseling and referral services. The program will last for three years after which,
graduates will receive a monetary bonus and referral to apprenticeship programs or higher
S:\DEBBIE'S\3rd quarter 2004-05.doc 7
education. The rehabilitated homes will be sold to Iow income families and the sales
proceeds will 'be used to purchase and rehabilitate other properties in the target area.
RCPI is currently forming a list of potential properties of which two will be selected and
purchased in the month of June. To date, approximately $98,000 of the $195,000 has been
expended on 'the agreement.
12. Baker Street Revitalization Project (Old Town Kern Mixed Use Proiect)
The proposed project is the development of a mixed-use project that includes 40,000+
square feet of new commercial space, and the construction of 118_+ units of affordable
housing (78 family units and 40 senior units). The mixed-use project will also include the
construction of a public plaza open area. Total cost of the project is projected to be about
$26 million. HUD funds earmarked for this activity to date include $1,000,000 (Section 108
Loan), $250,000 (Brownsfieid Economic Development Initiative (BEDI) funds), $300,000"
(HOME New Construction Assistance), $360,000 (tax increment funds) and $620,000
(CDBG Commercial/Industrial Acquisition and Demolition program) to assist in land
acquisition and relocation of existing businesses/tenants. Subrecipient agreements with
the RDA have been developed for transferring some project responsibility and funds for
compliance with HUD requirements for this project. Staff is exclusively working with two
developers, Urban Innovations, LLC, and Simpson Housing Solutions, LLC to develop two
Disposition and Development Agreements (DDA) by this summer. More than 50% of the
funds have been expended to date. A second subrecipient agreement with the RDA has
been developed for transferring some additional project responsibility and funds for
complying with HUD HOME requirements for this project.
The City/Bakersfield Redevelopment Agency has acquired or has orders of possession to
all project properties. Two residential tenants and seven businesses have been relocated.
The relocation of three additional tenants is currently underway.
13. 24th and "M" Street Development (The Village at Towne Centre)
Staff, through the Redevelopment Agency, worked with a local developer' to acquire a
vacant Caltrans parcel at 24th and M street. Staff received Caltrans approvals to purchase
their parcel, which the Agency transferred to the developer for the same purchase price.
The developer is currently constructing an upscale mixed use project at the long vacant
(formerly Sangera BuickNolvo) auto sales site across the street. The acquired Caltrans
parcel will allow adequate parking for the future tenants. The project will contain over
40,000 square feet of commercial space at an estimated cost of $6 Million and is expected
to be completed by 2006.
14. Mill Creek District Project
The City has developed the Mill Creek conceptual improvement plan for the downtown
canal from just north of Central Park to California Avenue. The improvement plan includes
canal improvements, exercise areas, art areas, walking paths, designed to enhance the
commercial/residential potential for downtown. The City received notice from the Califomia
Department of Parks and Recreation that the City was not awarded their request for a $3
million grant to fund the 1.5 mile linear park. However, an application to the Kern Council
S:\DEBBIE'S\3rd quarter 2004-05.doc 8
of Governments (KernCOG) to help fund the trail and pedestrian bridges was funded. The
City was awarded a grant for $282,400. Also a funding request was submitted and
declined by the California Wellness Foundation to purchase and install two sets of exercise
equipment designed for seniors. Staff is continuing to search out additional grant
opportunities for the project.
15. Bakersfield Redevelopment Areas Cleanup Effort (BRACE)
This revolving loan program, funded by a $1 million grant from the U.S. Environmental
Protection Agency (EPA), funded its first project. A subgrant of $51,050 was made to the
Assistance League of Bakersfield to fund the cleanup of asbestos from its new location at
1924 "Q" Street. This first project assists the relocation of the Assistance League in order
to make room for private development around the new Aquatics Center and Ice Sports
facility. In the coming months, a major marketing effort will begin to promote the availability
of these funds in the three redevelopment areas.
S:\DEBBIE'S\3rd quarter 2004-05.doc 9
Joseph E. Petrillo, Chair ARNOLD SCHWARZENEGGER
Marc Adelman, Vice-Chair GOVERNOR
Donna Andrews, Vice-Chair ~LIFORNIA ~
Frances (Fran) Florez, Vice-Chair
Rod Diridon .
Robert Giroux
Lynn Schenk
T.J. (Tom) Stapleton
Without ever leaving the ground.
Uehdi Morshed, Executive Director
CALIFORNIA HIGH-SPEED RAIL AUTHORIT '
RECEIVED
May 13, 2005 .
CITY MANAGER'S OFFICE~
Dear Stakeholder:
The California High-Speed Rail Authority's May 25th public Board Meeting will be held in Oakland
at the Elihu Harris Building - Auditorium, located at 1515 Clay Street. Please note the meeting is
.... scheduled~to.begin_at_l.:30.pm .....
At the May 25th public board meeting the Authority will be reviewing the final draft of the
Implementation Plan.
At the February 23rd public board meeting the Authority discussed the Implementation Plan issues
presented to the board at the September, November and December Authority meetings. This was
an all-day workshop; attended by industry experts.
At the January Authority meeting the board took the following action related to the staff
recommendations for the identification of preferred alignments and station locations .for the Final
Program EIR/EIS:
"Accept staff recommendations on identifying genera/alignment and station locations as
preferred alternatives in the Final Program E/R/ElS with the fo/lowing exception. The Board
directs that additional study of an alignment option between Fresno and Bakersfield, or
variations thereof, to serve a potential Visa/ia station located in an existing and/or planned
urbanized area, is to be conducted prior to the commencement of project-/eve/environmental
documents for this segment and submitted to the Authority for any appropriate action,
~pr~ided;~however;~thahsu¢h-additi~na/-study-is-t~-be-undertaken-~n~y~f-sufficient~funds~t~ ....
complete it are provided in the 2005/06 FY state budget."
FOr additional information on the staff's recommendations on preferred alignment alternatives visit
the CHSRA website at www.cahighspeedrail.ca.gov.
Sincerely,
Mehdi Morshed, Executive Director
925 L Street, Suite 1425 =~ Sacramento, CA 95814 ~ 916,324.1541 .'.~ fax 916.322.0827
www;cahighspeedrail.ca.gov
CALIFORNIA HIGH SPEED RAIL AUTHORITY
· PUBLIC MEETING
-'May 25, 2005
Elihu Harris Building - Auditorium
1515 Clay Street
Oakland, CA
Agenda Items Responsible Party Status
1. Approval of February 23, 2005 Meeting Minutes Chairperson Petrilio A
2. Authority Members'Meetings for compensation Chairperson Petrillo A
3. Members' Reports Chairperson Petrillo I'
4. Executive Dire6tor's Report Mehdi Morshed A
5 ~--Ii~lSl~¢h~htdtidn. ~lh/i- ......... - ................................ Mehdi MbrSl~6~I ........ I
Staff will present the final draft of the Implementation Plan.
6. Public Comment
An opportunity for public comment will also be provided during each public agenda item.
7. Adjournment
"A" denotes an "Action" item; '7" denotes an "Information" item.
Reasonable Accommodation for Any Individual with a Disability
Any individual with a disability who requires reasonable accommodation to attend or participate may request assistance
by contacting the Authority at (916) 324-1541. Requests for additional accommodations for the disabled, signers,
assistive listening devices, or translators should be made no later than one week prior to the meeting.
925 L Street, Suite 1425, Sacramento, CA 95814 (916) 324-1541, (916) 322-0827 fax
For further information you may visit the'California High-Speed Rail website at
www.cahighspeedrail.ca.kov
/
B A K E R S F I E L D
OFFICE OF THE CITY MANAGER
MEMORANDUM
May 20,2005
TO: Alan Tandy, City Manager
FROM: /qC/A~n Christensen, Assistant City Manager
SUBJECT: Parking Problems in Dunsmuir Area
Council Referral #1124
Councilmember Benham requested staff investigate parking problems of
homeowners' association in the Dunsmuir Street area. Requested staff contact
president of homeowners' association to assist in resolving issue.
Staff called and left a message with Mr. Amos to get clarification on what problems exist
and why. The message has not yet been returned. The letter mentions that Mr. Amos
will be residing in Bakersfield only on an occasional basis.
Staff has surveyed the situation in the Dunsmuir area. It appears there is a lot of street
parking on the corner and on Dunsmuir, but it is unclear whether those cars are actually
residents of the homeowners' association or coming from somewhere else.
Mr. Amos suggested vehicle parking as an option, but it is not feasible, because it would
only decrease the amount of street width for traveling traffic and increase the hazards in
the neighborhood.
Staff will attempt to make contact with the Homeowners' Association to obtain more
information and mail a copy of this response to Mr. Amos. Once more information is
obtained, staff will respond directly to Mr. Amos.-
May 3, 2005
Sue Benham
City Council
Bakersfield, CA
Re: Parking on Business Center drive, with Overflow onto Dunsmuir. ..
Dear Sue,
I have discussed the problem extensively with numerous Bak. City Departments and haven't had
any concrete solutions.
The main problem as I see it came about when the business was allowed to open without
adequate parking, but no one seems to accept this, so let's move on.
The parking problem on Business Center Drive and Dunsmuir came about quite recently when
other local businesses made them move.
The five years that I have owned, we have had one Car hit and the wall demolished three times.
The condo that I own is at 5501 Dunsmuir ~47.
The drivers cross Dunsmuir and Business Center drive three times at 8:00am., Noon and 5:00pm
with no cross walks, stop signs or signals at blind curves and going between cars. If that isn't
bad enough - wait until winter.
I have suggested one partial solution and there seems to be only negative comments.
Business Park South is ½ again wider than the other streets with considerably less traffic. ALL
of which has No Parking posted.
Veaiieat parking could be allowed on both sides br~i, eJ,'~'~lo and horizontal. One Dept. Head said
the slight curve would make this too dangerous. That seemed very feeble compared to the
obvious problems on Business Center drive and Dunsmuir.
The Homeowners Associationjs getting many complaints that the tenants of this complex cannot
have friends or deliveries made to their unit because there is so little parking on the street. Even
the entrances of their parking lots are sometimes blocked.
I would appreciate your help in getting this matter solved. I will not be in Bakersfield except on
occasion for the next three months, however, I will be receiving my Bakersfield mail on a regular
basis, a//~ c rcx ~~ ~5 ~.~. ~, ~ (ey.13~
1103 Dunwoody Way Bakersfield, 93312
cc: Sue Mata, President, HOA - ~ g "~-~ ~ 0 ~3
B A K E R S F I E L D
CITY OF BAKERSFIELD
PUBLIC WORKS DEPARTMENT
MEMORANDUM
TO: Alan Tandy, City Manager
FROM: Raul Rojas, Public Works Directorc-' ,.
DATE: May 16, 2005
SUBJECT: GET'S PLACEMENT OF BUS STOPS
Referral No. 1138 (Meeting: 5111/05)
VICE-MAYOR MAGGARD REQUESTED STAFF CONTACT GET REGARDING
PLACEMENT OF BUS STOPS FOR HANDICAPPED IN BAKERSFIELD COLLEGE
AREA AND COORDINATE THE EFFORT TO DISCOURAGE GET FROM MOVING
THE STOPS FURTHER FROM SCHOOL.
Chester Moland, of Golden Empire Transit (GET), was contacted by the Traffic
Engineer regarding the Bakersfield College transit stops.
The current location, in the parking lot of the northeast corner of the college, is
inadequate to serve the riders and not in compliance with ADA requirements. The space
is only adequate for 3 bus stops. The fourth bus must stop curbside, away from the
main area. This causes confusion, as to which bus is for the desired bus route, for both
the handicapped riders and the general public. GET is in negotiation with the college to
improve the stop location, making it fully ADA compliant, and improve service. Thus far,
the college has not confirmed that they will allow the improvement on their parking lot
property and has indicated that the site will need to be used by the college for other
purposes in the future. GET is looking at other sites around the campus that will
accommodate their bus loading as well as serve the handicapped riders. GET officials
continue to work with the handicap groups and respond to input from the groups. The
groups are kept fully informed of the situation and persons with questions are invited to
call GET with their concerns at any time. GET has no plans to move the bus stops away
from the college, but the current stop may have to be relocated to another part of the
campus if Bakersfield College officials deny the bus stop improvements or request that
GET move out of the current BC parking lot area.
C:\DOCUME~1\lskinner\LOCALS~1\Temp\Ref~1138 GET's Placement of Bus Stops.doc
TO: Alan Tandy, City Manager
FROM: Raul Rojas, Public Works Director J/'~
DATE: May 16, 2005
SUBJECT: ACCESS PLAN FOR HIGHWAY 184
Referral No. "Informal" (Meeting: 5/11105)
IVice-Mayor Haggard stated that although there was an extensive plan for l
Hwy 178, he requested staff look into a "Plan" for access onto and exits from
Hwy :1.84 and a plan to control the traffic.
HighWay 184 is a State Route and under the jurisdiction of Caltrans. As such, it is
subject to the same restrictions for ingress and egress and traffic control as Highway
178. It is also designated an Arterial road in the General Plan Circulation Element, as is
Highway 178. Traffic signals will be installed, as warranted, at the major intersections
such as Vineland, Chase Avenue and others. As an Arterial road it is also under the
same City limitations as Highway 178, there will be a median in the future, up to six
lanes of traffic, restrictions on left turns, right turn lanes required where warranted and
limitations on the number and spacing of direct access driveways.
G:\GROUPDAT~Referrals~2005\05-1 l\Ref_lnformaI-Access Plan for Highway 184.doc
B A K E R S F I E L D
CITY MANAGER'S OFFICE
May 20, 2005
TO: Alan Tandy, City Manager
FROM: Alan Christensen, Assistant City Manager~__~
SUBJECT: Rabobank Elevator Access for Handicapped-Referral #1139
Vice-Mayor Maggard requested staff investigate allegations by James Van Meter of
the problems of wheelchair accessibility at Rabobank Arena; provide direction to
other agencies with wheelchair inaccessibility; and respond to Council.
I spoke with Bill Wilbanks who is over parking operations for the county. He confirmed
that anyone with a handicap sticker or license may park anywhere in county parking
without being ticketed. The same is true in City parking lots. The County also recently
installed more handicapped stalls than is legally required.
Furthermore, staff is proposing to make the elevators more accessible during regular
business hours when events are not occurring at Rabobank Arena. The solution is a call
button on both elevators. The button alerts the security guard to come open the
elevators. It works the same way in both directions when elevators are not open for
events. This solution continues to maintain security and prevent vandalism while
providing access when needed. Staff will work with SIVlG to install the proper
equipment to facilitate the change in policy.
Mr. Van Meter also mentioned at the City Council meeting that he had problems about 3
or 4 other "access" issues around town. These issues are out of the City's control
because they have nothing to do with City property or City facilities; however, we are
providing a response to assist Mr. Van Meter.
ADA is a federal law which the City does not enforce..Violations of ADA must be
pursued civilly in Federal Court. California has a similar law known as Title 24. In
general, Title 24 is triggered in remodels when the use is changed or there is a building
permit pulled. If a mechanics permit is pulled (as was the case with the BBQ factory at
the old Elks lodge) no handicap remodeling is required.
Even with a building permit, if the total amount of tenant improvements do not exceed
$90,000 then handicap remodeling is not required. However, our building staff tries to at
/east get minor modifications, such as a handicap door. Over $90,000--the entire
building must meet current handicap specs. Otherwise, our building department can
give "hardship" accomodations so that remodeling is not cost prohibitive.
Staff will also forward this response to Mr. Van Meter via email.
B A K E R S F I E L D
CITY OF BAKERSFIELD
PUBLIC WORKS DEPARTMENT
MEMORANDUM
TO: Alan Tandy, City Manager
FROM: Raul Rojas, Public Works Director ~
DATE: May 19, 2005
SUBJECT: 7TM STANDARD ROAD UPDATE
Referral No. 1111 (Meeting: 4/27/05)
COUNCILMEMBER COUCH REQUESTED AN UPDATE REGARDING FUNDING AND
DEVELOPMENT STANDARDS FOR 7TM STANDARD ROAD INCLUDNG ARTERIALS,
COLLECTORS, AND INTERSECTIONS.
7TM STANDARD ROAD STATUS
INTERCHANGE WITH S.R. 99/UP GRADE SEPARATION
The 7th Standard Road interchange with S.R. 99 was originally contemplated as a portion of an
overall project that included widening the existing roadway from Santa Fe Way to S.R. 99
including grade separations at the Burlington Northern Santa Fe railroad and Union Pacific
railroads. This project was subsequently divided into two (2) projects; road widening from
Santa Fe Way to Coffee Road and the interchange with S.R. 99/UP grade separation. The
City of Shafter is the lead agency on the road widening portion while Kern County is lead
agency on the interchange project.
Much work has been completed on the interchange project, however there are a lot of issues
that remain outstanding. The following will outline work which has been accomplished as well
as issues that still need to be addressed:
Work completed:
Project Study Report completed
· Project Report completed
Environmental Document completed
· Bridge Design competed
· Design Exception approved by CalTrans
7th Standard Road Status
Page 2
Work remaining:
· Right of way acquisition
· Appraisals must be redone
· Review appraisals must be done
· Utility relocation
· Funding/contractual issues
· PUC order to construct must be re-established
· Construction and Maintenance agreement with UP must be redone
· Funding agreement between Bakersfield, Shafter and Kern County must be
completed to provide sufficient funding to complete project
The City of Bakersfield, County of Kem and City of Shafter have been working on developing
an agreement which would provide the necessary funding to complete the project. Staff is
working on a draft of the agreement and should have it ready for Council and Board action in
the near future.
7TM STANDARD ROAD WIDENING BETWEEN SANTA FE WAY AND COFFEE ROAD
The City of Shafter is the lead on this project. Currently, the project is finishing up its
environmental document and it is anticipated that this work will be completed by the end of this
calendar year. Funding for right of way acquisition and construction are programmed in future
STIP cycles and due to the State's budget situation, it is unknown when actual construction
dollars will become available. In addition to this work, an allocation was made to fund the
grade separation at the Burlington Northern Santa Fe railroad. Preliminary engineering is
currently being accomplished for this project.
7TM STANDARD ROAD FROM SR 99 INTERCHANGE TO WINGS WAY
Kern County is lead agency on this project. The environmental document is currently being
completed with construction set to begin next fiscal year.
G:\GROUPDAT~eferrals~2005x~}4-27X,Ref# 1111-7th Standard Rd.doc
B A K E R S F I E L D
CITY OF BAKERSFIELD
PUBLIC WORKS DEPARTMENT
MEMORANDUM
TO: Alan Tandy, City Manager
FROM: Raul Rojas, Public Works Director /~
DATE: May 16, 2005
SUBJECT: TRANSPORTATION FACILITIES LIST
Referral No. 1123 (Meeting: 5/11/05)
COUNCILMEMBER COUCH REQUESTED STAFF RETURN WITH AN UPDATE ON
THE 2004-2025 REGIONAL TRANSPORTATION FACILITIES LIST AND FEE
SCHEDULE.
An update for the FY 2004-2025 Transportation Facilities List for the Transportation
Impact Fee Program was approved by the Council on May 11, 2005. The next update
for the Facilities List will be sent to the Council after the approval of the FY 2005-2026
Capital Improvement Program in June. It is anticipated that the Facilities List update
would reach the Council in September.
G:\GROUPDAT~ReferralsX2005\05-11 \Reft41123-Transportation Facilities List_.doc
RECEIVED
HAY 1 9 2005
CITY MANAGER'S OFFICE
DEPARTMENT OF RECREATION AND PARKS
DATE: May 17, 2005
TO: Alan Tandy, City Manager
FROM: Alan Christensen, Assistant City Manager~_.
SUBJECT: Landscape Concerns
Ref001129 (Ward 5)
Councilmember Hanson requested staff contact Michael Monji concerning City's
landscaping.
Staff contacted Michael Monji regarding his concern of public landscape and how they
are designed. Mr. Monji expressed a real concern for the high maintenance design
between Buena Vista and Old River on Stockdale.
It was explained to him Castle & Cooke installed this landscaping and has agreed to
maintain this high quality landscaping and maintenance at their cost. No city funds will
be used to install or maintain this area.
Staff informed Mr. Monji the city is in total agreement with his idea of Iow maintenance
landscape designs on public lands. The city is requiring all new developments to
adhere to this requirement.
We have invited Mr. Monji to share his. maintenance ideas with us.
S:\Councii Referrals 2005\Ref001129.doc
May 18, 2005 (9:O4AM)
B A K E R S F I E L D
CITY OF BAKERSFIELD
PUBLIC WORKS DEPARTMENT
MEMORANDUM
TO: Alan Tandy, City Manager
FROM: Raul Rojas, Public Works Directo~.....~
DATE: May 16, 2005
SUBJECT: POTHOLES @ CHESHIRE DRIVE
Referral No. 1132 (Meeting: 5111/05)
COUNCILMEMBER SULLIVAN REQUESTED STAFF REPAIR POTHOLES AT
CHESHIRE DRIVE SOUTH OF MING AVENUE ONE BLOCK BEFORE ASHE ROAD.
The potholes on Cheshire Drive were patched Wednesday, May 18, 2005.
C:\DOCUME~l\lskinner~LOCALS-l\Temp\Referral #1132-Potholes. Cheshire Dr.doc
DEPARTMENT OF RECREATION AND PARKS
DATE: May 17, 2005
TO: Alan Tandy, City Manager
FROM: Alan Christensen, Assistant City Manager
SUBJECT: Replacement of Dead Shrubs
Ref001133 (Ward 6)
Councilmember Sullivan requested four dead shrubs at the sump on Acres Road
South of White Lane be replaced.
Staff replanted four (4) Phontinia shrubs on the west side of the sump on Akers.
S:\Counc[I Referrals 2005\Ref001133.doc
May 17, 2005 (3:1OPM)
B A K E R S F I E L D
M E M 0 R A N D U M RECEIVED
TO: Alan Tandy, City Manager MAY 1 9 2005
FROM: ,~ Stanley Grady, Development Services Director CITY MANAGER'S OFFICE
DATE: May 19, 2005
SUBJECT: Re: Swimming pool with stagnant water
....... ~- Referral # 1130
Councilmember Sullivan requested staffto investigate a vacant home at 3700 Sue Lin Way with
stagnant swimming pool water.
The property was inspected on April 14, 2005, an attractive nuisance of a pool with stagnant
water was found. A Seven Day Notice to abate the nuisance was sent on April 18, 2005, to the
owner, no response was received; a Second Notice will be sent May 20, 2005, advising the
owner to appear before the Hearing Officer on May 31, 2005 in the Development Services
Conference Room at 10:00 a.m.