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HomeMy WebLinkAbout11/15/02 B A K E R S F I E L D CITY MANAGER'S OFFICE MEMORANDUM November 15, 2002 TO: Honorable Mayor and City Council FROM: Alan Tandy, City Manager /~ ~'-/.~ SUBJECT: General Information 1. It is very encouraging news that CalTrans has decided to fund the White Lane/ Highway 99 project after all. The correspondence we received from the district director is enclosed. 2. The County sent the enclosed letter as a status report on their efforts to obtain funding for the Rexland Acres sewer project. If they are successful in getting grant monies, we will further pursue our participation in the sewer project. Their contribution to the Jefferson Park pool renovation is contingent on that. 3. An update from Public Works on the median island projects is attached for your information. 4. At the direction of the City Water Board, correspondence has been sent to the County regarding two issues: · The City's concern about the land application of biosolids on lands overlying the groundwater basin; · An update on the Kern River Bike Path, with emphasis on the County's participation to complete the bikeway by the end of 2003. 5. Bakersfield is featured in the latest issue of Westways Magazine, a publication of the Automobile Association of Southern California (AAA). We are the topic of the monthly column "Road Trip with Huell Howser". A copy of the article is enclosed. 6. Responses to Council requests are enclosed, as follows: Councilmember Carson · Update on business assistance provided in the southeast; · Additional information regarding the timeframe for the southeast business workshops and the availability of financial assistance for businesses in that area; · Status on the feasibility study to consider a stop light at Casa Loma and Madison; Honorable Mayor and City Council November 15, 2002 Page 2 Councilmember Benham · Citizen concern regarding trash pick up at the 600 block of Niles and Monterey Avenue; · Feasibility of placing temporary four-way stop signs at 18th and C and 21st and C Streets; · Status of actions regarding traffic issues at Dolores and Owens Streets; · Feasibility of placing a four-way stop sign near at A and Bank Streets; per citizen request; · Street drainage problem at 21st and Inyo Streets; Councilmember Maggard · Timeframe for repair of road surface along Morning and Panorama Drive; Councilmember Couch · Voting procedure for the Riverside County Transportation Commission; Councilmember Salvaa_aio · Update on extension of Akers Road between Pacheco and White Lane; · Update on diagonal parking on south side of 17th Street between N and Q Streets. AT:rs cc: Department Heads Pam McCarthy, City Clerk Trudy Slater, Administrative Analyst ~?._~n..':-"J:-"~"- ~: ~ . , :~ GRAY DAVIS, Governor. · ~E OF CALIFORNIA--BUSINESS, TRANSPORTATION AND HOUSING AGENCY DEPARTMENT OF TRANSPORTATION 1352 WEST OLIVE AVENUE P.O. BOX 12616 Flex your power! FRESNO, CA 93778-2616 Be energy efficient! PHONE (559) 488-4057 FAX (559) 488-4195 TTY (559)488-4066 RECEIVED November 8, 2002 ~ I 2 ~00~ ~ . The Honorable Steve A. Perez CITY MANAGER'S OFt!- Supervisor, 2"d District County of Kern 1115 Truxtun Avenue, #502 Bakersfield, CA 93301 The Honorable Harvey L. Hall Mayor of the City of Bakersfield 1501 Truxtun Avenue Bakersfield, CA 93301 The Honorable Mark C. Salvaggio Vice-Mayor of the City of Bakersfield 1501 Truxtun Avenue Bakersfield, CA 93301 Dear Supervisor Perez, Mayor Hall, Vice-Mayor Salvaggio: White Lane at State Route 99 in Bakersfield Thank you for your recent letter of support for the White Lane Auxiliary Lane Project. As you can see in the attached letter to Mr. Raul Rojas, Caltrans plans to amend this project into the 2002 SHOPP. With the City's assistance, we hope to begin construction on this project sometime this summer. Thank you for your interest in this project. If you have any questions regarding this matter, or any other transportation issues in your area, please give me a call. I can be reached at (559) 488-4057. Sincerely, _ District Director District ~ Attachmen~ "Caltrans improves mobility across California~ The Honorable Steve A. Perez The Honorable Harvey L. Hall The Honorable Mark C. Salvaggio November 8, 2002 Page 2 c: Assemblyman Roy Ashburn, 32nd District Assemblyman Dean Florez, 30th District Senator Jim Costa, 16th District Senator Charles Poochigian, 14th District Alan Tandy, City Manager, City of Bakersfield Jacques R. LaRochelle, Assistant Public Works Director, City of Bakersfield Jim Nicholas, Caltrans, Transportation Programming Joan Sollenberger, Caltrans, Transportation Planning John Van Berkel, Caltrans, Transportation Programming "Caltrans improves mobility across California" S~.~C~I~IFORNI~~ BUSINESS, TRANSPORTATION AND HOUSING AGENCY GRAY DAVIS, Governor DEP~iRTMENT OF TRANSPORTATION 1352 WEST OLIVE AVENUE P.O. BOX 12616 Flex your power! FRESNO, CA 93778-2616 Be energy efficient! PHONE (559). 488-4057 FAX (559) 488-4195 TTY (559) 488-4066 November 6, 2002 Mr. Raul M. Rojas Public Works Director City of Bakersfield 1501 Truxtun Avenue Bakersfield, CA 93301 Dear Mr. Rojas: White Lane at State Route 99 in Bakersfield Ca]trans has re-evaluated the candidate project for an auxiliary lane on Route 99 at the White Lane Interchange. As a part of this re-evaluation, the District was able to reduce the cost estimate for the project down to approximately $2.5 million. Further, Ca]trans has been able to identify fund savings in the 2002 SHOPP. Because of the reduced '.cost and available funds savings, the Department is supportive of amending this project into the 2002 SHOPP, with funds available in the 2002/2003 Fiscal Year. According]y, we will be notifying the CTC of this action at their December meeting. The plans, specifications, and estimate for this project can be completed towards the end of this fiscal year. This would allow the auxiliary lane project to start construction next summer. However, we do not currently have a.dequate staff to acquire the right of way necessary for this project in time to meet this construction schedule. I understand that the City might be wi]ling to assist us in acquiring the required properties. If the City could indeed acquire this.right of way, we should be able to start construction this summer. Randeen Walter of my staff will be contacting you shortly to determine if the City is willing to acquire the right of way. We should have a final determination on the actual funding of this project sometime in mid November. We will notify you of the programming status at that time. "Caltrans improves mobility across California" Mr. Raul M. Rojas November 6, 2002 Page If you have any further questions, please contact me (559) 488-4057. Sincerely, //~ District 6 c: Assemblyman Roy Ashburn, 32nd District Assemblyman Dean Florez, 30th District Senator Jim Costa, 16th District Senator Charles Poochigian, 14th District Alan Tandy, City Manager, City of Bakersfield Jacques R. LaRochelle, Assistant Public Works Director, City of Bakersfield Jim Nicholas, Caltrans, Transportation Programming Joan Sollenberger, Caltrans, Transportation Planning John Van Berkel, Caltrans, Transportation Programming "Caltrans improves mobility across California" REsOuRcE MANAGEMENT AGENCY DA VID PRICE Ii~,~D~IRECTOR / Community Development Program Department · Engineering and Survey Services Department, Environmental Health Services Departmen, t · Planning Department · Roads Department O 2700 "M" STREET, SUITE 350 Phones: (661) 862-8800 BAKERSFIELD, CA 93301-2370 (800) 552-5376 Option 5 Fax: (661)862-8801 E-Mail: rma@co.kem.ca.us TrY Relay: (800) 735-2929 Web Page: http:llwww.co.kern.ca.uslrmalrma.htm RECEIVED -= I MEMORANDUM C TY OF :C, TO: ALAN CHRISTENSEN, Assistant City Manager CITY OF BAKERSFIELD FROM: DAVID PRICE III, Director ~_...~ RESOURCE MANAGEMENT AGENCY DATE: NOVEMBER 7, 2002 SUBJECT: REXLAND ACRES SEWER PROJECT UPDATE #3 - NOVEMBER 2002 We have continued to research possible grant programs whose eligibility requirements are consistent with our proposed project. We are still attempting to determine if we can receive an indication of funding soon enough to meet the December 2002 timeframe. We have continued our efforts with local Congressional and federal Administration officials, however, and are working closely with the USDA Rural Development staff concerning our current grant request that, if funded, would help further bridge the currently identified funding gap. In my last report, I mentioned that the 2002 census data for the affected area would show a higher median income for the community than was reflected in the 2000 census data. Should that higher amount be certified and applied to our grant request, USDA regulations will require that affected property owners make a greater annual contribution toward the project. Staff will then be required to increase the annual assessment charged beyond the amount already approved by the property owners. We are now performing the analysis that will identify the increased amount of contribution required from the property owners and will then be better able to determine the increased assessment amount that is subject to a new election. As information relating to the aforementioned efforts becomes available, we will be establishing an appropriate course of action. Likewise, we will continue to keep you apprised of our progress. I hope this information is useful to you. cc: Supervisor Parra S. Jones -- CAO C. Lackey- ESS Printed on Recycled Paper RECEIVED NOV t 2002 B A K E R S F I E L D CITY MANAGER'S 0_FFI_._C_~E PUBLIC WORKS DEPARTMENT MEMORANDUM TO: ALAN TANDY, City Manager FROM: RAUL ROJAS, Public Works Director DATE: November 13, 2002 SUBJECT: MEDIAN ISLANDS January 15, 2003 is the target date for the completion of the Lakeview Avenue Streetscape project. The Street Divisionwill complete their part of the project, which is the construction of the median island, the week of December 9, 2002. Street Division will then assist the Parks Department and General Services with their work, as needed, so that the project can be completed on schedule. The following is a list of Median Island Projects that are in progress and will be completed by the middle of February 2003: 1. So. "H" Street, from Wilson Road to approximately 500 feet south of White Lane. Started, but not completed. 2. Panama Lane, between Wible Road and Highway 99 Bridge. Started, but not yet complete. 3. White Lane, from Akers Road to Wilson Road. Work is currently in progress. The following is a list of Median Island Projects that still need to be done, 1. Ming Avenue - Manning Street to Gosford Road. 2. Ming Avenue - So. "H" Street to Chester Avenue. 3. So. "H" Street - Ming Avenue to Talisman Street. 4. White Lane - Kenny Street to So. "H" Street. Median Islands_Nov 13_2002.doc 1 November 13, 2002 Alan Tandy, City Manager Subject: Median Islands 5. Panama lane - So. "H" Street to Hammond Way. 6. Beale Avenue - East Truxtun Avenue to Niles Street. 7. Mt. Vernon Avenue - University Avenue to 178 Highway Bridge. 8. Panorama Drive - from Mt. Vernon Avenue west, approximately 500 feet. 9. Oswell Street - Columbus Street to the south side of 178 Highway Bridge. 10. Chester Avenue - 34th Street to the Kern River Bridge. 11. California Avenue - Oak Street to "A" Street, also the median ends between "A" Street and Chester Avenue. There are five Street Improvement projects that will be funded by the end of the year with CDBG Amendment, Section 108 Funds, and Economic Development Initiative Grant. Some may request the construction of median islands, such as the street improvement project on Brundage Lane, between Chester Avenue and Union Avenue. Median Islands_Nov 13_2002.doc 2 MEMORANDUM TO: Alan Tandy, City Manager ~ November 14, 2002 FROM: Gene Bogart, Water Resources Mar ager SUBJECT: General Information At it's special meeting yesterday, the City Water Board directed staff to send the attached two (2) letters to Jon McQuiston, Chairman of the Kern County Board of Supervisors. The first letter is in response to a City Council referral on OctOber 16th. It refers to the Kern County Ordinance for land application of imported bio-solids over the usable ground water basin in the Southern San Joaquin Valley. The second letter is also directed to Jon McQuiston, both as Chairman and as Supervisor, District No. 1, of the Board of Supervisors. This letter deals with the targeted completion date for the KERN RIVER BIKE PATH by the end of 2003. If anyone would like further background information one either of these letters, please don't hesitate to call me. S:~2002 MEMOS\geninfol 11402.doc CITY OF .' · WATER BOARD Mark C. Salvaggio, Chair · David Couch, Vice Chair Harold Hanson November 13, 2002 Jon McQuiston, Chair Kern County Board of Supervisors I 115 Truxtun Avenue, 5ta Floor Bakersfield, CA 93301 RE: KERN COUNTY ORDINANCE ON LAND APPLICATIONS OF BIOSOLIDS Dear Mr. McQuiston: The City o£ Bakersfield Water Board is concerned about the land application o£ imported bulk sewage sludge or biosolids, on lands overlying the groundwater basin in the Southern San Joaquin Valley. Water pumped from our local aquifer is the primary drinking water supply source for City residents. The City and its water banking neighbors have invested many millions of' dollars to preserve this primary drinking water supply for local residents. The City is opposed to any plans or actions that may jeopardize or degrade the quality of' our groundwater supply. The land application of' biosolids over the basin, places the aquifer at risk o£ contamination and long term degradation. In 1999 Kern County adopted Ordinance No. G-6635 which regulates the land applications of' imported bulk biosolids in the unincorporated areas and becomes effective January 1, 2003. The City of Bakersfield is in support of the ordinance. We understand the Kern County Resource Management Agency is drafting new amendments to this ordinance and we wish to comment and of£er suggestions for the protection of our water supplies. The City is against the application of'bulk imported biosolids to lands overlaying our groundwater basin. The introduction of' the new classification of~"Class A - Exceptional Quality" is a step towards a cleaner sludge material, however, our goal continues to be the elimination of' all bulk imported biosolids applied over the usable groundwater basin in the Southern San Joaquin Valley. Sincerely, Mark C. Salvaggio, Chair City of Bakersfield Water Board cc: Honorable Mayor and City Council 1000 BUENA VISTA ROAD · BAKERSFIELD, CALIFORNIA 93311 · (661) 326-3715 CITY OF Mark C. Salvaggio, Chair David Couch, Vice Chair Harold Hanson November 13, 2002 Mr. Jon McQuiston SUPERVISOR, DISTRICT NO. 1 and CHAIRMAN Kern County Board of Supervisors 1115 Truxtun Avenue., 5th Floor Bakersfield, CA. 93301 Re: KERN RIVER BIKEPATH The purpose of this letter is to update your office on the progress of the Kern River Bikepath. As you know, since the mid-1970s the bike path has been a highly popular and successful Iooal project for our community. Since adoption of the KERN RIVER PLAN ELEMENT in July of 1985, the City of Bakersfield and the County of Kern have worked closely together to maintain a priority to complete portions of the bikepath located in the Kern River Parkway whenever funding resources became available. Following the passage of Proposition 12 (the Park Bond) and Proposition 13 (the Water Bond) bythe California voters in March of 2000, the City has undertaken an aggressive program to complete the bikepath along the Kern River from Lake Ming to Freeway 1-5 by the end of 2003. To update you on our progress so far, the 9-mile portion of the Bikepath located between the Enos Lane parking lot and Stockdale Hwy. bridge was completed and opened to the public on November 1,2002. Plans and specifications to widen and improve the bikepath between Stockdale Hwy. bridge and Manor Street are now being drafted. Actual work is scheduled to begin on this section of the bikepath next Spring with completion estimated for late Summer of 2003. The northeast reach of the bikepath between Fairfax Road and Paladino/Morning Drive is currently under design and will be completed in calendar year 2003. The portion of the bikepath connecting the intersection of Paladino/Morning Drive to the parking lot at California Living Museum (C.A.L.M.) is completed and will officially open when the Emergency call boxes are installed in the near future. 1000 BUENA VISTA ROAD o BAKERSFIELD, CALIFORNIA 93311 · (661) 326-3715 Mr. Jon McQuiston Supervisor, District No. 1 and Chairman November 13, 2002 - Page 2 As you are aware, the City and County entered into a cooperative agreement in March of this year (Kern County Agr. # 197-2002) to provide Proposition 12 funding to the County to extend the Kern River Bikepath from C.A.L.M. past Lake Ming to the eastern-most river parking lot located in the Kern River County Park. If the County is able to Complete the last remaining link of the Kern River Bikepath in 2003, the entire 30-mile Class 1 bikeway could be operational beginning 2004. We ask you and your Board's support in this joint effort t© complete last remaining link in this unique community resource. Sincerely, Mark Salvaggio Water Board Chairman Attachments cc: Honorable Mayor and City Councilmembers Alan Tandy, City Manager S:\WB MINUTES 2002\WBLTRBOS1113.doc ADMINISTRATIVE REPORT J MEETING DATE: April 24, 2002 AGENDA SECTION: Consent Calendar ITEM: 8. u. TO: Honorable Mayor and City Council APPROVED FROM: Gene BOgart, Water Resources Manager DEPARTMENT HEAD )~ '~ z. G,~ DATE: April 12, 2002 CITY A'i'rORNEY ~ CITY MANAGER ~ SUBJECT: Cooperative Agreement with County of Kern for use of Proposition 12 Funds to extend the Kern River Bike Path (Ward 3) RECOMMENDATION: Staff recommends approval of the Agreement. BACKGROUND: One of the projects approved by the State is the extension of the Kern River Bike Path, approximately (3) miles from the California Living Museum (C.A.L.M.) through the Lake Ming area to the eastern river parking lot in Kern River County Park. Since this stretch of the bike path is entirely on the County of Kern's property the County would be the lead for engineering and construction of this project. The City of Bakersfield has authority from the State Resources Agency to construct improvements along the Kern River Parkway utilizing Proposition 12 (Park Bond 2000) grant funds. The terms and conditions for construction of the projects and use of the Funding has been formalized in Grant Agreement No.'Z2-1 between our agencies. This agreement would allow for the construction of the Kern River Bike Path Extension (East) by the County under the terms of the Proposition 12 Grant Agreement No. Z2-1. The City will be the fund conduit for payments from the State. On March 19, 2002 the County Board of Supervisors approved this agreement between the City and County for use of Proposition 12 Funds for the Kern River Bike Path Extension. Funding for this project is currently budgeted in the Water Resources C.I.P. Budget. April 15, 20d2, 10:26am S:~002 ADM RPTS',AP24wT1cc Kern COh:~t~' APR g4 2002 COOPERATIVE AGREEMENT BETWEEN THE CITY OF BAKERSFIELD AND THE COUNTY OF KERN FOR USE OF PROPOSITION 12 FUNDS THIS AGREEMENT is made and entered into on ~ ~ 9 ~ , by and between the CITY OF BAKERSFIELD, a charter city and municipal corporation ("CITY" herein), and the COUNTY OF KERN, a political subdivision of the State of California ("COUNTY" herein). RECITALS' . WHEREAS, the CITY has received access to certain Proposition 12 grant funds under Grant Agreement No. Z2-1 (attached as Exhil~it"A"), the Kern River Parkway Project, for improvements on the Kern River Bike Path; and WHEREAS, the community will benefit from an extension of the Kern River Bike Path from the California Living Museum ("C.A.L.M.") to past Lake Ming to the eastern-most river parking lot in Kern River County Park ("Project~ herein); and WHEREAS, CITY desires to work with COUNTY to extend the Kern River Bike Path from C.A.L.M. past Lake Ming to the eastern,most river parking lot in Kern River County Park; and WHEREAS, CITY will be the fund conduit for payments from the State to the COUNTY under the terms of the Proposition 12 grant and Grant Agreement No. Z2-1; and WHEREAS, the COUNTY has been given a copy of Grant Agreement No. Z2.-1, and said Agreement is incorporated herein by reference as though fully set forth and the COUNTY is willing to extend the Kern River Bike Path under the terms of said 'grant, NOW, THEREFORE, incorporating the above recitals herein, CITY and COUNTY mutually agree as follows: 1. GRANT. Grant funds to extend the Kern River Bike Path have become available under Grant Agreement No. Z2-1 for the Kern River Parkway Project, Park Bond 2000, said funds coming from Proposition 12 monies. Among other conditions, under the terms of the grant a three (3) mile extension (east) of the Kem River Bike Path may be funded from the California Living Museum past Lake Ming to the eastern-most river parking lot in Kern River County Park. Said Project will provide for the restoration of river riparian habitat adjacent to the new bike path and re-vegetation of stream-side areas along the south bank of the Kern River Channel adjacent to the new bike path and trailhead areas. Temporary signage will be installed to indicate Proposition 12 (Park Bond 2000) ,~t~e..~ funding source. ' ~ ' '-~ ADO:lsc I..- r' S:~Public Wo~t(s~,grs\Cit-yCoantyCoOpProp12Fnds.wpd Page 1 of 4 Pages -- <'~ :~RIGINAL Merch 7, 2002 2. CITY-COUNTY COOPERATION. Under the terms of the grant, COUNTY shall coordinate the planning and construction of the Kern River Bike Path ExtenSion (East) with the CITY and State. COUNTY shall plan and construct the Project within the terms of the grant and submit to CITY progress payment requests as the work is completed. COUNTY understands it will need to expend construction funds 'and be reimbursed by the State thereafter. CITY shall expeditiously process each such request and forward same to the State within a reasonable time. After payment of sums requested by the State to CITY, CITY shall forward same to COUNTY. Neither CITY nor COUNTY shall charge administrative fees or overhead to the State or to one another. CITY and COUNTY .agree to fully cooperate in completing the Project and work together to resolve any questions which may be asked by the State concerning the Project. CITY and COUNTY agree to expend all reasonable efforts to obtain State funding for the Project and recoup any funds expended under the terms of the grant. CITY and COUNTY understand that among other approvals the State must approve the design prior to the COUNTY bidding the Project and starting construction. 3. ACCOUNTING .J~ECORDS. CITY and COUNTY shall maintain accurate accounting records and other written documentation pertaining to all costs incurred in performance of this Agreement. Such records and documentation shall be kept at CITY's and COUNTY's offices during the term of this Agreement, and for a period of three (3) years from the date of the final payment hereunder, and said records shall be made available to CITY or COUNTY representatives upon request at any time during regular. business hours. 4. ASSIGNMENT. Neither this Agreement, nor any interest in it, may be assigned or transferred by ~tny party without the prior written consent of ali the parties. 5. BINDING EFFECT. The rights and obligations of this Agreement shall inure to the benefit of, and be binding upon, the parties to the Agreement and their heirs, administrators, executors, personal representatives, successors and assigns. 6. COUNT. ERPARTS. This Agreement may be executed simultaneously or in one or more counterparts, each of which shall be deemed an original but all of which together constitute one and the same instrument. 7. EXECUTION. This Agreement is effective upon execution. It is the product of negotiation and all parties are equaily responsible for authorship of this Agreement. Section 1654 of the California Civil Code shall not apply to. the interpretation of this Agreement. 8. GOVERNING LAW. The laws of the State of California will govern the validity of this Agreement, its interpretation and performance. Any litigation arising in any way from this Agreement shall be brought in Kern County, California. 9. FURTHER ASSURANCES. Each party shall execute and deliver such papers, documents, and instruments, and perform such acts as are necessary or appropriate, to implement the terms of this Agreement and the intent of the parties to this Agreement. .~ ADD:Isc ~; S:\PubliCMarch 7, 2(x32W°rk$~Agrs\CityC°'~/C°OI3Pr°l)12Fn~s'w~d .... Page 2 of 4 Pages ,~'l~t(~t~ 10. JOINT LIMITATION ON LIABILITIES AND INDEMNIFICATION. 10.1 Neither party shall be liable to the other party for any loss, damage, liability, claim or cause of action for damage to or destruction of property or for injury to or death of persons arising solely from any act or omission of the other party's officers, agents or employees. 10.2 CITY and COUNTY agree to indemnify and hold each other harmless from any and all claims, demands, liabilities, losses or causes of action which ariSe by virtue of its own acts or omissions (either directly or through or by its agents, officers, or employees) to such extent and in such part as the respective parties are found by reason of law to have proximately caused the injury or damage. 10.3 The party against whom any claim arising from any subject matter of this Agreement is filed shall give prompt notice of the filing of the claim to the other party. 11. MERGER. AND MODIRCATi0N.' This Agreement Sets forth the entire Agreement between the parties and supersedes all other oral or written representations. This Agreement may be modified only in a writing approved by all the parties. 12. NO WAIVER OF DEFAULT. The failure of any party to enforce against another party any ~provision of this Agreement shall not constitute a waiver of that party's right to enforce such a provision at a later time, and shall not serve to vary the terms of this Agreement. 13. NOTICE~. All notices relative to this Agreement shall be given in writing and shall be personally served or sent by certified or registered mail and be effective upon actual personal service or depositing in the United States mail. The parties shall be addressed as follows, or'at any other address designated by notice: CITY: CITY OF BAKERSFIELD City Hall 1501 Truxtun Avenue Bakersfield, California 93301 COUNTY: COUNTY OF KERN Department of Parks and Recreation 1110 Golden State Avenue Bakersfield, California 93301 14. PAYMENT PROCEDURE. COUNTY shall be paid after receipt of properly documented request for the work completed as required by the State of California in accordance with the terms of the grant. Payment by CITY to COUNTY shall be made after receipt of the payment from the State of California. A portion of the payment (10%) will be withheld by the State of California until the Project is completed. AOO:lsc MarchS;~:~ublic5, 2002W°rksV~grs\CityC°untyC°OpPn~12Fn(ts'wpd .... Page 3 of 4 Pages "'* 15. STARTING WORK. COUNTY shall not begin work until authorized to do so in writing by the State of California. 16. TE .R..M!NA~ON. In the event that funds are no longer made available for the Project or if the State of California fails to approve the design of the Project, COUNTY may, at its election, terminate this Agreement by written notice to CITY. Said termination shall be deemed effective ten (10) daYs after personal delivery, or fifteen (15) days after mailing by regular U.S. mail, postage prepaid. In addition, either party may immediately terminate this Agreement should the other .party fail to substantially perform in accordance with the terms and conditions of this Agreement through no fault of the party initiating the termination. It is also agreed that COUNTY will not be required to perform under this Agreement if it becomes necessary to expend funds beyond those available for reimbursement under the Grant Agreement for the .construction of the Project. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed, the day and year first above Written. TY OF BA~~' CO UN 'r~ OF KERN ("CO UN 7~') By: - By' CHAIRMAN, Board of Supervisors Mayor APPROVED AS TO FORM: APPROVED AS TO FORM: BART J. THILTGEN BERNA..I~ D C. BARMANN, SR. City Attorney Coun;~/~C ~~~,sel ~ Deputy City Attorney COUNTERSIGNED: APPROVED AS TO CONTENT: ROBERT D. ADDISON // ~j~a~ce Director Parks and Recreation Director APPROVED AS TO CONTENT: SCOTT E. JON?;~-~/ Kern County Administrative Off. ice. ADD:lac '-- ;'i', ',~.'~ M,~rchS:'a°ubtic5, 2002W°rksga~grs\CityC°untyC°OpPr°p12Fnds'wpd .... Page 4 of 4 Pages - · Tl~e Resources Agency .GRANT AGREEMENT ' Park Bond 2000 EXHIBIT NO,.. ~ APPLIC~T: ~iW of Bakersfield AG~E~ENT NUMBER: ZZ-I PROJECT TITLE: Kern River Parkway .Proicct~ PROJECT PE~O~CE PE~OD IS: October ~ 2000 to May 1~ 2004 Under the te~ and conditions o~ ~is a~cnt, the applier agrees to complete thc proj~t ~ described in thc projc~ d~cdption, and thc Statc of California, acting through'thc Resour~ Agency pumuant 1o thc Sa~e Ncigh~rho~ Parks, Clean Water, ~ezn Air, ~d Coastal Protection Bond Act of 2000, asrc~ to ~und thc proj~t up to thc total state grant.amount bd[catcd. ' PROJE~ DESC~PTION: Completion o~sevcn projects along ~e Kern ~ver Par~vaj: widen and improve 9 mil~ of existing Kern River Bike Path; 3-mile extension of Kern ~ver Bike Paflt expansion o~ greenbelt, signnge and kiosks; complction of equ~trinn' trail alignment; expansion of trailhend parking areas and development of additional recreational facilities; river shoreline improvement; and acquisition of approximately 157 acres of specified privately owned prope~ies from the Wanamaker Trust, Texaco Exploration and Production, and Dorothy J. Moore, Trustee. Tota[ State G~t not to exceed $2,358,500 (or project costs, whichever is less) ~e Special ~d Gene~t Provisions attached arc made a p~ of ~d incoGomtcd into ~c A~ment. CITY OF BA~FIELD STATE OF C~[FO~A ~AP~ . THE t~SOURCES AGENCY . Date -- CERTIFICATION OF FUNDING ^MOU~TOF '-~TIMAT~ FOND AGREEMENT bi'bMnF-R ] FUND " S S2.35a,$oo Z2.-1 005002 Parks Bond Fund ,.Prop 12 ADJ. INCR~NG ENCUMB~NCE APPROPRIA~ON s 005002-2000-101 ADJ DECR~SING ~CUMB~NCE FUN~ION S Local Assistance u.~cu~u~o u~cu ' UNU rr~ ~t~oT~.'r ~ CH~','~ ' I ST.Vru~'~ I r~SC~ VU~ s o 4o. o oosoo2 I152 I 2000 / 2000 0540 . 751.04 10107 i ! hereby certify u~n my personal knowled~ Ihal budgeted funds :re ~vailabl¢ ~ O~ for this mcunlbr3nce KERN RIVER PARKWAY PROJECTS Prop 12 (Park Bond) Act of 2000 Project Name Project Description 2) Kern River Bike Path In co-operation with the County of Kern Parks Department, this Extension (East) project will construct and extend the bike path along the Kern River between California Living Museum and Lake Ming Loop (3miles). The project will provide restoration of river riparian habitat adjacent to the new bike path and will include re- vegetation of streamside areas along the south bank o! the Kern River channel and trailhead areas. This project is one o! three phases of the bike path that will .ultimately'extend 30 miles from Lake Ming on the east to Interstate Highway 5 on the west when fully completed. Finally temporary signage will be installed at various points along the project to' indicate Proposition 12 ( Park ,Bond 2000) as the funding source. 2 ORIGINAL 2) Kern River Bike Path Extension (East) DEVELOPMENT COST ESTIMATE WITH PERCENTAGES BY TYPE OF ACTIVITY Scope of Work Estimated Cost Percen~ Construction of Project - Compacted embankment with Class II Aggregate Base $ 75,000 16.7 - Asphalt concrete (type "B") $'. 320,000 71.1 Restoration of Ripadan Habitat $ 30,000 6.7 Subtotal $ 425,000 Engineering and Administration - Civil Engineering $ 25~000 5.5 - Administration $ -0- Total cost of the project ~ ,.100.0 PROJECT TIME TABLE SCOPE OF WORK REQUEST FUNDS ESTIMATED FROM STATE COMPLETION DATE Engineering and .Design Oct. 2001 Apdl 2002 Bidding and Award Contract July 2002 Construction of Project May 2002 Nov. 2002 Request release of retention Dec. 2002 3 '::' ~ "~IGINAL GRANT AGREEMENT Special Provisions Reciptenls of grant funding pursuant to the Sa~'e O~inking Water, Clean Water, Watershed Protection, and Rood Protection Act of 2000 shall post signs aclmowledging the source of the funds pursuant to the sign guidelines issued by the Secretary of the Resources Agency. Eve~j proposed actZvffy to be funded pursuant to the Safe Neighborhood Parks, Clea~ Water, Clean Air, and Coastal Ptotection Bond Act et' 2000, shall be In Compliance with the California F-.nvironmen~l Quality Act (l~vision 13 (commencing with Section 21000)) Section 5096.307(a). Lands acquired with funds allocated pursuant to the Safe Neigh~orhood Parks, Clean Water. Clean Air, and Coastal Protection Bond ACt Of 2000, sh~ll be acquired from a wiring se~ter of the land, (Section 5096.307(b) of the Public Resource Code). Upcm a llnding by the administering entity that a pa~cular project for which funds have been allocated cannot be corollated, et that the fuads are in excess of Ihe total needed, the Legislature may realfocate those ~unds fat other high pdoHty needs consistent with the Safe Neighborhood Parks, Clea~ Water, Clean Air, and Coastal Protection Bond Act of 2000 (Section 5096.3075 of the Public Resources Code). It is the Intent of the Legis~aturs to stror~ encourage every slate or bca~ government agency receiving the ~ funds allocated pursuant to Ihe Safe Neighbo[hood Parks, Clean Water, Clean Air, and Coastal. Protection Bond Actof 2000, for an activity to give full and proper consideration to the use of recycled and reusable products whenever possible w~th rogaffl to taming out that acti~ty. (Section1 5096.306 of the Pubic Resources Code). ' Grantee agrees to submit detailed budgets for all projects when detailed Hans and specil'matJons am 'complete, prior reques0ng conlractor bids. If, following the request for conlracto~ b~ds. the Project budget does not accurately rellect the allocation of itemized Project costs, the Grantee shaa submit a revised Project budget to the State. G~ntee agrees to promptiy submit updated Project budgets to the State whenever the aJtocalJon of itemized Project costs changes by al least ten (10~) percenL General Provisions A. Definitions' 1. The term 'Act" mearts the enabling [egistal~on f~ the program und~ which grants are be[ng given. 2, '["ne term 'Acquisition' means to acquire a fee interest or any other interest including easements and development dghts ~ real properly, from a willing seller. 3. T~e term "Application" as used herein means the individual application form and its required attachments for'grants pursuant to the enabling legislation and/or program. ,. 4, The term 'Development' means improvements to real property by construction of new tacilities or renovation or addilJons to axis§rig fac~ities. 5. The. term 'Grantee' means an applicant who ha~ a signed agreement f~ grant funds. 6. The term 'Project' means the acquisil~on, development o~ olher aclivity described o~ page 1 of this' - Agreement to be accomplished with grant funds. 7, The term "State' means the State of California, Secretary o! the Resources Agency. B. Project Execution 1. Subject to the availability of grant moneys in the Act. ~e State hereby grants to the grantee a sum of money (grant moneys) not to exceed the amount stated on page 1 in cons[de, ration of and on that the sum be expended in can~ing out the purposes as set forth in the Description of Project on page 1 and under the terms and Condil~ons set forth in this Agreement. Grantee shal~ assume any obligation to furnish any additional funds that may be necessary to complete the project. Any, modification o~ alt~alion in the project as set forth in the application on fire with the Slate must be submitted to the State for approval, 2. Grantee sha~l complete the Project In accordance with the time of project performance Set forgl on page 1. · .._ and under the terms and condigns of this AgreemenL Extensions may be requested in advance and will be considered in the event of drcumstances beyond the control.of the Grantee. Grantee shalZ compl~ as lead agency with I~.e California Environmental Quality Act (Public Resources Code, Section 21000, et. seq.) ' 4. I! the Project includes c~evelopmenl, the grantee shall c~rnply with all current laws and regulalions which apply to development projects, including, but nol limited to, Ingai ~equiremenLs fox' coestsuction conlracis, butld~ng codes health and safe codes, end disabled access laws. 5. Grantee sha~l parrot pedc~c site v~sits by the State to determine il' development wod~ is in accordance with the approved Project Scope inclu~Jing a final inspection upon Project comp(etlon. 6. Prior Io the commencement of any wo~, Grantee agrees to submit in writing any significant deviation the orlginal Project Scope Io the State for prior approval. Changes in Pro~ect Scope must continue to meet the need died In the o~fg[nal a.pplication or they wil~ not be approved. 7. . It the Project Includes acquisil~:~ of real property, the grantee agrees to comply with all apl~cabte slate and local laws or ordlnance~ I~at apply to relocation and mN property acquisition by public agencies. 8. Grantee agrees to provide for publ{c access in accordance with the intent and provisicx~s of the enabling legi. siation and/or program. 9. Grantee must have {1) fee lJtle, (2) tease hoId (3) other interest to Pro~ect lands and demons/zeta to the satisfaction of the Stale lhat I,he proposed P~ect will provide public benefits that are commensurate with the type and duration, of the inlerest in land as determined by Ihe State that is held by the C~antee. 10. Gr~qtee agrees to provide a copy of all memorandums of understanding or other cooperalJve a~'eements between Gran[ee and all other participating agendas for the project. C. Projec~ Costs The Grant monies to be pra~ded Grantee under this ~greement will be disbursed as follows.' 1. I! the Project includes Acquisition ol' real property, and is through negotiated purchase, Ihe slate may disburse the amount of the Slate approved purchase price together w~th ,Slate approved costs Acquisition when an escrow is opened. The amount disbursed in any event shall not exceed the Slate Grant amount set forth on page 1 of this Agreement. The remainder, if any, shall be reimbursed alter the Project is completed. 2. . If the Project inc. Judes development, Ihe SLate may disburse to grantee grant moneys as fol~ows, but nol to exceed in any event the State grant amount set forth of page I el, this Agreement: a. On a reimbursement basis for construcEo~ and development costs.. Ten percent el' Ihe grant amount will be held back and issued as a final payment upon completion of the project. b. Remair~ng grant fur, ds shaJI be paid up to the amount of the Grant or the actual'Project cost, Whichever i~ less, on completion of the Projecl and receipt of a detai~ed summary of Project costs fi'om ~ grantee. C. Advance payments may be made if w~rranted by compelting need. 3. ~tee sh4~ld allow four to slx. weeks to receive, reJmbursement l,rom the State after submitting me request for payment, D. Project Administration 1. Grantee agrees to prompl~y submit suc~ reports as the State may'~:equest, in any event Grantee shali provide Sb~te a report showing Iotal runal Project expenditures. · 2. Grantee agrees that property ar'~l ~'ac~ifies acquired or developed pursuant to this Agreement shall be available ~ Inspection upon request by the State. 3. Grantee agrees to use any moneys advanced by the State under the terms of [his Agrees~ent solely fo~' --- ~e Project herein desc~bed. ORIGINAL ..._ 4. I~ grant moneys are advanced, the grantee shall place moneys In a separate intere=t beating accoun~ setting up and identifying such account prio~ to the advance, interest earned on grant moneys s~ali be used on the Project or paid ~o ~he State. If grant moneys are advanced and not e.xpended, the unused portion of the Grant shall be returned to the State within 60 days of comple~on of the Project or end of [he Project Performance Period. whichever is earlier. 5. Grantee shall use income earned by [he grantee from u~e of [he Project to further Project purposes, or, if approved by [he State, for related purposes within the grantee's jurisdiction. 6. ~tee shall submit a/I documentation for project completion and final reimbursement within 90 days Of project completion, but no later [hart May 1.2004. 'l'he May 1, 2004 date does not apply if the State has formally granted an extension of the project compleUon date. 7. Payment Documental/on: AJI payment requests must be submitted using a completed Payment Request Form. (Appendix D). This l'oml must be accompanied by an itemized list of all charges documenting chec. A numbers, amounta, dates, recipients, and purpose of expenditures. In addil~on, [he payment request will include an itemized descrlpUon of all va:~k done for which disbursement is requested. Any payment request that is submitted without Ihe ilemizalion will not be authc~z, ed. If [he itemization or documentation is incomplete, · inadequate o~ inaccurate, the State will inform the Grantee and h(~l [he paym~t request unlJl al~ required information is received or corrected. Any penalties imposed ~ the Grantee by a contractor because of delays in payment ~ be paid by the Grantee and is not reimbursable under th~s grant. F_ Project Term~nal~n 1. Grantee may unilaterally rescind [his Agreement at' any time prior to'the c~mmencement of the ProjecL Al~er Project commencement [his Agreement may be rescinded, modified or amended by mutual agreement In v~t~g. 2. Failure by the grantee to comply with Ute terms of ~ Agreement or any other Agreement under the Act may be cause for suspension of all c~igal~ons of the State hereunder. _ 3. Fa'lure of the gran~ee to comply with [he terms of this Agreement shall neL be cause for the suspension of ali obligations of the State hereund~ if in [he judgment of the State such failure was due to no fault of the grantee. In such case, any amount required to setlJe at minimum cost any in'evocable obligations propedy incurred shall be eli~'bte for reimbursement under IhLs Agreement. 4. Because IAe benelit this Agreemenl. is the preservation, protection and net increase in [he quanti~y and qualRy et parks, public rec~eal~o~ facilities end/or historical resources avaitable to the people of [he State of California and because such benefit exceeds to an immeasurable and unascertainable extent the amount of money ~ fumlshed by ',he State by way of grant moneys under the provisions et' [his agreement, the grantee agrees [hat payment by [he grantee to the State of an amount equal to the amount of the grant moneys d~sbursed under this Agreement by the Slate would be inadequate cornpensatka't [o the $~ata for any breach by [he grantee of th~ AgreernenL The grantee further agrees therefore. [hat [he appropriate remedy ~n [he event o! a breach by the grantee of this Agreement shall be [he spec/ftc pedormance of this ,~greemen[, unless otherwise agreed to bY [he slate. 5. Grantee and State agree that if th~ Project includes developmenl, final paymenl may not be made until the Project conforms substantially to [his Agreement. F. Indemnilication The grantee agrees Io Indemnify, de[end, and save harmless the stale, ils officers, age, ts, and employees from any and all claims and losses acc~ing or resulting to grantee and to any and all conbacto~, subcont*,-~ctora, matedal~nen, laborers, and any other person, firm, or corporaUon furnishing or supplying work. services, materials, or supplies in connecUon with the pedormance of this ageement, and from any and all claims and losses acc.,'ui~g or resulEng [o any person, firm or co~oration who may be injured or damaged by [he grantee ~n the performance of Ibis agreement. G. Financial Records 1. Grantee shall maintain saUsfactory finanda! accounts, documents and records for the Project and ~o make them available to the stale for auditing at reasonable times. Grantee shall also to retain such financial ' accounts, c~cuments and records for .three yea~s t'ollowing project lerminatio~ or completion. 2. Grantee and State agree [hat dudng reguJar office houcs each of the parties hereto and their duly authorized representatives shall have the dght to inspect and rn~ke copies of any bo~ks, records or reports of ~ other party perishing to this agreement or matters related thereto. C-re,tee =hall maintain a~d make availabte t'~r iaspecti~ by the State accurale reco~is o~ a~ of its c~s~s, dlsborsemenL~ and recelpls with respect to ils acUvilJes under U~s Agreement. 3. Granlee shaJl use any gene~all¥ accepted acc~unUng system. H. Use of Facili~es , 1. Grantee agrees that the grantee ~hall use the properS, acquired or developed with grant moneys under this agreement only for the purposes for which the State grant mor~eys were requested and r~o other use , of the area shal~ be perrnitled except by* specific act of the LegislaLute. 2. The grantee shal~ maintain and ~pe~ate Ihe property acquired or developed t'or a pe.dcd commensurate with the ~ of project and the pmpodJon of State Granl ~unds and lex:at funds allocated to the capital c~sts or the project. I. N(~discriminatJon 1. The grantee shall not dis~nate against any person on the basis of se, x. race. color, naUonal origin, age, rellgion, ancestry, or physical handicap in the use of any properly or fac~'lity acquired or (:leveJoped pursuant to this AgreemenL 2. The grantee shall not discriminate against any person on the basis of residence except to the extent that reasonable deferences ia admission ~. other fees may be maintained on the basis el' resident and pumuart[ to law. J. Application IncorporaUon The Ap~lcatJon and any subsequent c,~nge ~ addiUon approved by the $~te is hereby incoq:x~ted by reference into this Agreement as though set forlh in full in this AgmemenL -- lC Sevet-abifity It' any pmvi.ston of this Agreement or the application Ihe~eof is held iaval[d, that inv-~idity shall rmt affect oth~ provisi~,~s or applicaU(~ns of the Agreement which can be given effect without the Invalid provisio~ or appilca~Jor~, and ID U3iS end the provisiD~ of this Agreement are severa~e. L Entire Agreement This Agreement, including aS'exhibits hereto, constitutes the enlire agreement betwe~ the parties relaliag to this subject matter and supersedes all pdor or simultaneous represental~on$0 discussions, negotJa~Jons and agreements whether written or oral. M. Choice of Law This A~'eement w{ll be govemed by and conslrued in accordance w{th Ihe taws of California as applied to a~'eements entered Into end to be performed entirely therein. N. Waiver No term or' pl'ovtsion hereof will*be coasidered waived by either par~ and ~o breac~ excused by eilher par[y, un~ess - such waiver or cogent is in wflUng and signed on behalf of the a a 'nst - _ roC~n, sent by elthet party to, orwaiverof, ab. eachb . p rty_r.__g~_ whom. th_e .wa_l~?_.r~asserled. No y e~ther pat~y, whether' uxpressed or ~mpueo will' conslitule consent waiver' of. or excuse of any othm', different, er subsequen{ breac~ by either party. Basking in Bakersfield STORY AND PHOTOGI~'~PI.tS BY HUELL HOWSER  started off' looking at rule elk, And ended up listening to thendliness and hospitality. This old-time lhmily restaurant is Buck: Owens. In between, 1 enjoyed aufl~entic Basque lk~, a Bake~field icon. historic p~oneer buildings, delicious homemade candy, m~d Speaking of icons, it doesn't get any more aufl~entic than a stq> at ~e Alley Cat~ 5q:m ~e. 1 ibund out firsthand: X~en Dew~'s Candy Shop, When you walk into this place in down- you visit g~emfietd on a mad ~p, anything can happen, town Bakei~field, you're truly going back in time, This is a My first stop was the Tuie Elk State l~r~ institution, sm~ in 1~ ~d still Reset, e, about 15 miles wes~ of town, owned by the Dewar family. It's fa- near the community of Buttonwi/low. indUS fro' homemade ice cream and At one time, vast herds of rule elk cra!dy and a specialty called Dewar's roamed this pal of our state. 'l]~ey al~ Chews. All of this is served up al ail ~lost ~c~/e extincl in the late ' · 18~)s original soda fotmtain, complete ~cause of huniing and loss of habitat. 26 plnk leather4opped stools. T4~y, the elk m'e ~cL and the mse~x,e Bakersfield is also known tbr its lets you scm arum tip clem and F¢~onal. music, and no one represents that bet- ~e stme ~ folks t}a~e ~t up a hew- ter than Buck Owens, HCs beeu writ- ing pialfmln, a~ you cm~ sit ~l r~y just lng and pertbrming county music all watching these magnificent animals over ~e world for yc~s. And now he's walking ~ound, eating, and visiting made a home in Bakersfield. with one another. And what a home--Buck Owens's Leaving ~ tole elk ~hind, I hei~ C~,stat Palace, a huge msmunmt wilh a into downtown 'Bakersfield, . stage and dance lloor. Name wl~.m my first stop w~m the Kern ers Come here (Buck himself is a County Museum. This is an lar), m~d tiffs is one fun way to s~nd an mm~Sng place, coveting 16 ac~m, eyeing, Oh, ! ahnost fi)rgot ~ mention wifli mom than 50 buitdings rap- the full-size 1972 Pontiac Grand Ville resenting local life in the late ,em I am wRh Rosle ~ndo~on at Oowar's conve~ible covered ill silver dollars 18~)s and e~ty 19~s. Most of eana~ S~. Sho'~ thm's Ix~ installed ~ve t~ m~n b~. the buitdings~<veo,thing from o~nor 6eorge II definitely makes a s/atement. churches to schools to a fimeral ~e~', aunt and has - worked hem for ~ We ended our road ~p in m~ alley~ partor~were saved from the years. Tho Beale actually, in a hisloric downtown alley wrecking ball m~d. over the yca~. Memoflal Oink Tower pe~} wm where, many years ago, you'd have were moved ~o tim mtmeum site. ~mated at the ~em fourld a blacksmith and a livery sc]bio. One of ihe highlights is a rcptica C~nt~.Mus, um, ~[l~ese days, one of the most hindUS of ~he Beaie Memorial Clock colorful walcring holes in all of Kern Tower, which was.Bakersfiel~'s best-known Iandmark and County is located ~ere. Guthfie's Alley Cat is crowded with s~l ~7>r ~dmost 50 )~ars. It w~s severely damaged by earth- locals and clued-in tourists alike in seamh of a cool one and qm~es in !952, tom down, and, a do~n years later, ~<,rcated some i~al flavor. on ~he museum properly. And flavor is indeed what Bakersfield is all about. Because, If you like lo eat, Bakersfield is the place t~)r you And my as we discovered on this mad ~hp, whefl]er it's the places we new ~avofite hangout is ~e hindUS W~)I Growe~ Restaurant visited or thc locals we met, it doesnq get any mom genuine Owned and operated by thc Maitia f~m)ity since 1954, this ~han Bakersfield.-O is all authentic Basque restaurant that serves up hearty Watch RoadTdp Wilh Huel{ How~n,V)onxoredl&v theAuto porlkms of frame-cooked food, t especially liked the lamb Club, on your local PBS xt~tio,. Call KCET (L.A.). KOCE and the vegetable soup with pinto ~ans. But more than the ('Huntington Beach), KPBS (Srm D/ego), or KVCR (San {~, this place is filled with positive energy and a feeling of Bermtrdino)fi~r m~re information. 20 BAKERSFIELD Economic and Community Development Department MEMORANDUM November 12, 2002 TO: Alan Tandy, City Manager (~¢,~¢,," Councilmember Irma Carson NOV FROM: Donna Kunz, Economic Development Director ..d CiTV MANAGER'S OF~: SUBJECT: Update on Southeast Business Assistance At the end of October, a Statement of Interest letter was mailed to over 400 business and property owners along the four major commercial corridors in Southeast Bakersfield, where current and future streetscape improvements are being planned (i.e. Lakeview Ave., East California Ave., Brundage Lane and Union Avenue). The letter encourages their submittal of potential commercial projects that the City maybe able to assist with gap financial loans using the set aside CDBG funds for economic development. Staff has responded to the following inquiries from the letter: East California and Owens Street: Housing Authority commercial project Housing Authority is proposing a 22,600 sf commercial complex that could include a job training center and child care facility. Staff is working with the Housing Authority on financing options to minimize City's requested funding for project. SE corner Lakeview and Virginia avenues: New commercial project Had a Team Bakersfield with Evelyn Nelson (owner of five vacant parcels) on her preliminary site plan for a two story commercial retail/office project (10,700 sf). Discussed City planning and building requirements/fees along with potential financial assistance. 503 E. Brundage Lane: Pizza & Deli market Met with owner interested in expanding his building to build a sit down pizza restaurant. Lack of property size and parking issues may hinder project. Looking for alternative sites for his business to relocate. 400 Brundage Lane: vacant Food Town Market building Met with owner of vacant building, wants to reopen market and add some personal service retail shops inside (hair, nail, etc.). Discussed potential City assistance and provided CDBG loan application form. S:\CHARLES\SE CDBG mtg\AT memo - CDBG loan update ll-8-02.dot ~.~Alan Tandy Page 2 November 12, 2002 504 Lakeview Avenue: vacant building, formerly "N2 DA Nite' Owner called to discuss interest in City assistance. Wants to open beauty shop, but has no experience. May partner with someone who does have experience. Encouraged her to attend upcoming business workshops for more assistance in developing her business plans. 513 California'Avenue: vacant building, Incubator/Credit Union Met with Stephanie Campbell, who submitted non-profit CDBG request for funding to develop incubator/credit union. Also requested consideration for CDBG business loan, provided Statement of Interest form and CDBG loan application. Miscellaneous Contacts Child Care Provider-Wants to provide child care out of her home. Janitorial Service -Working out of home, needs more equipment. S:\CHARLES\SE CDBG mtg\AT memo - CDBG loan update ll-8-02.dot RECETVED; I I /15/02 I I : I OAM.; ->C'rTY OF BAKERSFTELDj #762~ PAGE 2 BAKERSFIELD Economic and Community Development Department MEMORANDUM November 15, 2002 TO: Alan Tandy, City Manager f-'",,, ,j Councilmember Carson FROM: Donna Kunz, Economic Development Director SUBJECT: Free Business Workshops & CDBG Loan Assistance for Southeast Bakersfield The recently received Pacific Gas and Electric grant of $4,400 requires that the economic activity it is being used for must occur prior to April 2003. That is why staff scheduled the workshops to begin in November and run through April, to comply with the grant requirements. It was never intended that the CDBG loan funds would only be available to participants of the business workshops, and that funding requests would only commence after completion of the entire workshop series. Staff sent the Statement of Interest letters to property owners and businesses along the major corridors of the southeast offering financial loan assistance, during the last week of October. The letter requested interested applicants send in the two page interest form within 30 days. This was not meant as a final deadline for applications, but a way to prompt their response and gauge the interest and financial requests for the CDBG loan funds. Staff anticipates receiving ongoing requests for financial assistance over the coming months, and will continue to evaluate and process requests (that meet City loan policies) as CDBG funds are available. Hopefully, additional CDBG loan funds will be budgeted next fiscal year so that small businesses attending the. workshops (and that can meet City loan policies) will be able apply for loan funds. S:\CHARLES\l~E Sm~ll Bus Granl\AT memo - SE, Bus workshops and loan funds.dot B A K E R S F I E L D CITY OF BAKERSFIELD MEMORANDUM November 13, 2002 TO: ALAN TANDY, CITY MANAGER FROM: ~RAUL M. ROJAS, PUBLIC WORKS DIRECTOR SUBJECT" STOP LIGHT AT CASA LOMA AND MADISON Council Referral #000274 Councilmember Carson requested a study be made regarding the feasibility of a stop light at Casa Loma and Madison, which is currently a four-way stop. Traffic Engineering staff will perform a traffic signal warrant study at the intersection of Casa Loma and Madison. Results of the study will be available in three weeks, weather permitting for the study. G:\GROUPDATXReferrals\2002\CC Mtg 11-6X274-Traffic.doc -RECEIVED ! NOVi4 20O2 B A K E R S F I E L D ,ClTYr,~,~rr.."S CITY OF BAKERSFIELD MEMORANDUM November 12, 2002 TO: ALAN TANDY, CITY MANAGER FROM: RAUL M. ROJAS, PUBLIC WORKS DIRECTOR ~,/~._~ j SUBJECT: TRASH PICK UP AT NILES AND MONTEREY Council Referral #000272 I C ouncilmember Benham requested staff contact citizen and address a trash pick up concern at the 600 block of Niles and Monterey Avenue area. Mr. Navarro from the 600 block of Niles Street was contacted as requested. In addition, crews were dispatched to provide cleanup of the alley area. Drivers will be calling in at this address to confirm servicing the carts every Tuesday and Friday. The customer was reminded that set out time for carts is 6:00 a.m. on the day of service. G:~GROUPDAT~Referrals~2002\GG Mtg ! 1-6~272-SW.doc B A K E R S F I E L D CITY OF BAKERSFIELD MEMORANDUM November 14, 2002 TO: ~ALAN TANDY, CITY MANAGER FROM /~'' ULM ROJAS, 'PUBLIC WORKS DIRECTOR SUBJeCt. ~~FOUR-~AY STOP SIGNS ON C STREET Council Referral #000268 Councilmember Benham requested Traffic Division review feasibility of placing temporary four-way stop signs at 18th and C Streets and 21st and C Streets, and provide her with additional extensive information to be available at the Westchester Neighborhood Meeting on November 14th. The Traffic Engineer investigated California Vehicle Code (CVC), California State Department of Transportation (CalTrans), Federal Highway Administration (FHwA) and Institute of Transportation Engineers (ITE) manuals and codes for information on the use of "Temporary" stop signs. The CalTrans Traffic Manual states that part- time stop signs shall not be used except for emergency purposes. The FHwA Manual on Uniform Traffic Control Devices (MUTCD) has a similar prohibition statement. All references state that stop signs should not be used for speed control. Since the State of California and the Federal Highways Administration prohibits the use of temporary stop signs for non-emergency use, the Traffic Engineer does not recommend implementation. Traffic Engineering will perform stop sign warrant studies for the intersections of 18th and C and 21st and C Streets. Caltrans, FHwA and ITE references are attached. G:\GROUPDATXReferrals~,2002\CC Mtg 11-6X268-Traffic.doc TRANSPORTATION ENGINEERS Residential Street Design and Traffic Control WOLFGANG S. HOMBURGER DANIEL T. SMITH, JR. ln~tltute of Tranaportation Studies. DIE$ Associates, Oaldand, CA and Department of Civil Engineering, University of California, Berkeley BERT BEUKERS ELIZABETH A. DEAKiN Rijkswaterstaat, Tranrportation & Traffw Engineering Division, Government Institute ofTransportmion Studie#, of the Netherlands, The Hague and Department of City & Regional Planning, University of California, Ber~ley PETER C. BOSSELMANN Institute of Urban & Regional Development, and Department of City & Regional Planning, University of California, B~'keley PRENTICE HALL, Englewood Cliffs, New Jo~'soy 07632 80 ' Chap. 5 / TOOLS FOR NEIGHBORHOOD TRAFFIC CONTROL In order to be effective, traf~c control measures must be clearly undo'stood by ~iv~~ and pedeslrians. To assure ~is, conuols should convey clear, unambiguous me, s* sages; this can often be achieved by adherence to manuals which describe the various con- trois available and the devices used to implement them. This chapter limits itseff to the application cd' uaffic control devices and geometric design features in residential ncighbortxxxis and abutting streets in supixxt of thc goals and design concel~ discussed in earlier chapters. For a complete discu~on of traffic con- trol methods and the devices used, the Manual on Unifo,, Traffic Control Devices (MUTCD) in the United States and similar manuals in other C°unlries should be COnsulted. In the next two sections of this chapter, descriptions of devices and geometric design fca-~ tures as they have been used in neighborhood situations along with summaries of their ex- pected effects are presented, CompEte closure of street blocks is describe~ next. Thc final .se?.ons discuss the effects of these controls on community services, and sUategies for min- lining control violation problems. DEVICES FOR NEIGHBORHOOD TRAFFIC CONTROL Devices available to communicate specific comrols to clrivcrs and pedesu'ians include signs, pavement markings and delineators, and si~qmls and beacons. Only traffic signals convey conlrols in a dynamic manner;, the other devices are essentially passive, although some signs may indicate regulations or warnings which are applicable only at certain times. This section reviews effects of those individual devices most appropriate or com- monly used in residential neighborhoods. Four important devices--stop signs, speed limits, mm prohibitions, and one-way street designations--are discussed in detail, includ- ing the likely effects of their use, uniform standards and warrants for their implementa- tion, and various related observations. Other devices are then discussed mom briefly. Two general comments in relation to thc use o[standards and warrants must be made, · First, in some couniries, including Ihe Unit~l States, traffic engineers may be reluctant m install a coulrol device when warrants are not met, for fear of exposing the city and the en- gineer to liability should an accident occur that might be attributed in whole or in part to the presence of the unwarranted device. To protect against such an eventuality, the likelihood of an accident oa:urring should be evaluated and, if installation still seems desirable, the reasons justifying the installation should be documented. Second, it should be kept in mind that devices (as well as many geometric features) ~ _.b~, i._g.n_. _o~. d..o .~..cim.umven. ted by a determined motorist. While ~ .c~. o~. tio~.~.~re le~..~u~ _~t*.~aoic co vt.o. ;mu.on ttmn others, any program of neighborhood trattic control will require cmorcement it- it ts to be successful. Stop Signs Thc basic Purlx~ o£ stop signs is to assJgn rlght, o[-way at intrxsections. STOP signs persistently requested by citizens with the exl~'Ct~.~on th.~t they will conlrol volume in residential neighborhoods. A number of studies have shown, however, that these goals are not always achieved. In Europe, stop signs mc rarely used except where sight distance limitations make Iess res~ictive controls (such as yield signs) inappropriate. TwO-way Stop. This is used to protect traffic on one o[ two intersecting streets, by requir- ing uaffic on the other street to come to a complete stop. It is sui*sble under the following temi drivers" will be used to include cyclists. DEVICF..$ FOR NEIGHBORHOOD TRAFFIC CONTROL 81 ~ Where the protected street is a major street (primarily in the United States), ~ where sight distances appronching the intersection am substandaxd, nad traffic appro~hing under the general rules regarding uncontrolled intersections would nm a subslanlial risk of being involved in collisions. -- where there is a ~cord of an accident pat~em amenable to mitigation by right- of-way controls, yet conditions do not appear to jusfigy requiring U'~ffic on both stroels to stop. Four-way Stop. TI~ type of intersection control is more common in the United States than elsewhere, lnw, nded primarily where two collector or major streets intersect and where funds for a uaffic signal are not available, it has frequently been used in.response to com- plaints by the public about excessive speeds with indifferent results. Th~ unnecessary stop- ping of all vehicles adds to noise, fuel consumption, and emission of air polintants~carbon monoxide, hydrocarbons, and oxides of nitrogen. Numerous studies have been prepared regarding the degree to which stop signs are obeyed. Generally, when not required to stop by cross uaffic, only 5 to 20 percent of all drivers will come to a complete stop, 40 to.60 percent will come to a "rolling" stop below 5 mph (8 lan/h), and 20 to 40 percent will pass tluough at higher speeds. Signs placed on n~or and collector streets for the purpose of speed reduction are the most flagrantly vie- luted. Thus, stop signs which do not meet the standard warrants tend to some extent to be ignored by drivers, whereas signs placed for right-of-way purposes are more ILkely to be obeyed. a. Effect on 2'raff'w Volume. Where local suee4s offer significant savings in time over congested parallel major and collector mutes or allow avoidance of congestion points, stop signs will do little to reduce uafftc volume. But when the local suaet offers marginal travel lime advantage over other routes, the time lost at stop signs may be enough to shift traffic. b. Effect on Tra~c Speed. Requests from citizens for installation of stop signs are usually related to desire for speed control. The general conclusion from numerous studies on effectiveness of stop signs as a speed control measure is that they have little overall ef- fect on speed, excelX within approximately 200 feet (60 meters) of the intersection con- trolled. They are almost universally reported to have little or no effectiveness in controlling mean or 85th percentile speeds at midbleck. A possible reason why resident beliefs about tbe speed control effectiveness of stop signs is conWary to th~ findings of engineering ~ studies is that ~here is some evidence that slop signs do reduce the midbiock speed of the fastest vehicles in the lraffic stream. It is probably th uaveling at the median or 85th percentile speed, that disturb residents. Elimination of ex- treme speeding by the few very fastest vehicles could satisfy the residents' concerns without altering the 85th percentile or median speeds at all. Another reason why neighbors may feel stop signs to be an effective speed control device is that they perceive waffic slowing down and stopping at the conlrolled intersee- ~ tion as a real benefit, regardless of what effect the signs have on midblock speeds. Pedesuians am trained to cross at intersections; so ~ measure which reduces speeds and creates gaps in the vehicle sire, am there can iogically be thought practical. Hence, engineer- ~ ing studies which have found stop signs ineffeelive for residential area speed conuol may have considered an irrelevant data base. e.. Effect on Tr~.ffic Noise, Air ~.uality,~and Energ~ Consumption. Stop signs tend to increase noise in the vicinity of an intersection by adding acceleration and braki,~g noise. Decele~on, idling, and acceleration increase air pollutant emissions and fuel consump- ~ emission. 82 Chap. 5 / TOOLS FOR NEIGHBORHOOD TRAFFIC CONTROL d. F..ffect on Traffic Safety. The traditional traffic en~neering belief is that stop signs not wan'anted by traffic volume conflicts or specific site safety conditions (such as inadequate sight distance) would tend to/m~rease traffic accidents by inducing either a general disregard for stop signs in th~ community or a h~Tardons ~ for tho sl~ific "tmwarranted" sign. Effects of unwarranted stop signs on driver behavior and safety at stop signs throughout the community ~c difficult to substantiate. Evidence to date on the safety effects of individual stop signs placed for volume and speed reduction purposes is mixed. It is difficult to assess reasons for these results or why the common traffic cngineet~g belief is not moro convincingly supported in thc empirical data. At some of thc intersec- tions where safety decrements were measured, placement of the signs in Ixx)r visibility positions and lack of supplementary markings may account for thc accident experience perience was reportedly improved may include instances wbe~ traditional warrants for stop sign instatlation we~c actually met. Fun~, cases which repotted safety improvements may include intersections with conditions bo~derllning traditional warrants. e. Ua~form Standards and Wa~Tan~. Stop sign design details and warrants for in- stallation are included in the MUTCD. However, the warrants relate to right-of-way as- signment and response to site safety conditions; the MUTCD specifically advises that stop signs should not be used for purposes of speed control. f. Community Reaction. Stop signs have a very positive image with many resi- dents, who often see them as a solution to "near miss" as well as actual accident problems. They are also viewed as being effective at controlling speed. Negative reactions to stop signs come mainly from residents at the intersections who are subjected to additional noise from stopping and accelerating vehicles, and from motorists whO thiltk they arc being stopped needlessly. Speed Limit Signs an(I Speed Zoning The speed limit sign is a regulatory device informing motorists of an absolute or prima facic speed limit impos~ by the governing agency. Some signs merely remind drivers of the general limits applicable to tho type of highway and area at the place at which they are posted. Where the general speed limit is not applicable t~ ~ifi.c... :..si. tc~ ~ca~ ~pecial hazards, or where it is too low in view of the quality ~f~ ~}~ :a~e!: (~.~a. io~' a~-ci~.tlector streets only) a deviation from that limit is indicated by ~lilxl/~ al~i~mI~-iiii~.,.:sig:/ili::. ~ually reimforced by pavement markings. The new speed limit to b~ impo-~xi :i.~ dcua'mmed by an enllin~,~.ting and tzattic sto~, ottl~::.~tr~*i: s~cUo~ i~i~olved; ~pecial attention is given to the characlet- of the sueet margin--4he location of sidewalks, driveways, and obsuuctions-- and the horizonUtl and vertical alignment of the street, to the patterns of pedestrian use of the street, and to the existence of hazards which may not be easily detected by drive, rs and may therefore cause them to travel above the speed which is safe for the prevailing condi. tions. [f no overriding safety problems are detected, the 85th percentile speed of Iraffic on a street is often laken as an indication of the speed zone which should be implemented. Alt,~z~afives to speed zoning include pavement undulations and podium intersec- tions; these will be described hter. ' a, Effect on Traffic Volume. None. b. Effect on Traff'tc Speed. Studies evaluating the effect of speed limi~ Si..~.s o~ sp~d havo:bc~ ~ly conf'med to major streets and high sl)e6d highways. Performance in the high speed highway cases is not considered relevant to the residential slreet situa- tion. Findings in U. S. and European major surf,-v'~e ~l~t sp~ad limit studies differ. In the FHWA- Manual on Uniform Traffic Control Devices dat~ De~ember 18, ZOO0 Section 2B.07 Multi-Way Stop Applications Support: Multi-way stop control can be useful as a safety measure at intersections if certain traffic conditions exist. Safety concerns associated with multi-way stops include pedestrians, bicyclists, and all road users expecting other road users to stop. Multi-way stop control is used where the volume of traffic on the intersecting roads is approximately equal. The restrictions on the use of STOP signs described in Section 2B.05 also apply to multi- way stop applications. Guidance: The decision to install multi-way stop control should be based 'on an engineering study. The following criteria should be considered in the engineering study for a multi-way STOP sign installation: A. Where traffic control signals are justified, the multi-way stop is an interim measure that can be installed quickly.to control traffic while arrangements are being made for the installation of the traffic control signal. B. A crash problem, as indicated by five or more reported crashes in a 12-month period that are susceptible to correction by a multi-way stop installation. Such crashes include right- and left-turn collisions as well as' right-angle collisions. C. Minimum volumes: 1. The vehicular volume entering'the intersection from the major street approaches (total of both approaches) averages at least 300 vehicles per hour for any 8 hours of an average day, and 2. The combined vehicular, pedestrian, and bicycle volume entering the intersection from the minor street approaches (total of both approaches) averages at least 200 units per hour for the same 8 hours, with an average ~ delay to minor-street vehicular traffic of at least 30 seconds per vehicle 'during the highest hour} but 3. If the 85th-percentile approach speed of the major-street traffic exceeds 65 km/h (40 mph), the minimum vehicular volume warrants are 70 percent :C.~; fi~e above value~. D. Where no single criterion is satisfied, but where Criteria B, C. 1, and C.2 are all satisfied to 80 percent of the minimum values. Criterion C.3 is excluded from this condition. Option: Other criteria that may be considered in an engineering study include: A. The need to control left-turn conflicts. B. The need to control vehicle/pedestrian conflicts near locations that generate high pedestrian Volumes. C. Locations where a road user, at, er stopping, cannot see conflicting traffic and is not able to safely negotiate the intersection unless conflicting cross traffic is also required to stop. D. An intersection of two residential neighborhood collector. (through) streets of similar design and operating characteristics where multi-way stop control would improve traffic operational characteristics of the intersection. FHWA- Manual on Uniform Traffic Control Devices Decem~r, 2~0 Page 2B-8 ~ct. 2B,0J Section 2B.05 STOP Sign Applicntions Guidance: STOp signs should not be used unless engineering judgment indicates that one or more of the following conditions exist: A. Intersection of a less important road with a main road where application of the' normal fight-of-way rule would not be expected to provide reasonably safe operation. B. Street entering a through highway or street. C. Unsignalized intersection in a signalized area. D. High speeds, restricted view, or crash records indicate a need for control by the STOP sign. Standard: STOP signs shall not be installed at intersections where traffic control signals are installed and operating because the potential for conflicting commands could create driver confusion. Portable or part-time STOP signs shall not be used except for emergency and temporary traffic control zone purposes. Guidance: STOP signs should not be used for speed control. STOP signs should be installed in a manner that minimizes the numbers of vehicles having to siop. At intersections where a full stop is not necessary at all times, consideration should be given to using less restrictive measures such as YIELD signs (see Section 2B.08). Once the decision has been made to install two-way stop control, the decision' regarding the appropriate street to stop should be based on engineering judgment. In most cases, the street carrying the lowest volume of trafi'ic should be stopped. A STOP sign should not be installed on the major street unless justified by a traffic engineering study. gupport: The following are considerations that might influence the decision regarding the appropriate street upon which to install a STOP sign where two streets with relatively equal volumes and/or characteristics intersect: A. Stopping the direction that conflicts the most with established pedestrian crossing activity or school walking routes; B. Stopping the direction that has obscured vision, dips, or bumps that already require drivers to use lower operating speeds; and · C. Stopping the direction that has the longest distance of uninterrupted flow approaching the intersection. D. Stopping the direction that has the best sight distance to conflicting traffic. The use of the STOP sign at highway-railroad grade crossings is described in Section 8B.07. CalTrans Traffic Manual 1211511996 4-03.6 POLICIES FOR INDIVIDUAL REGULATORY SIGNS ' R1 ............ Federal Sign No,RI~I RI-~ R1-4 : ~~~F~eral Sign No. R14 STOP SIGNS, SUPPLEMENTAL P~TES AND YIELD SIGNS · 8TOP SIGN The St~ sign (R1) shall ~ used w~m ~c is required to stop ex~ at sig~l~ed inteme~ions. The Ste~ sign shall ~ an ~gen wEh ~Ee ~ssage a~ ~rder ~ a red ~ckground. At a multiway stop in.me.ion, a su~emental pl~ (R1.3 or EI~), may ~ ~ed. When us~, t~y s~uld ~ m~d ~1~ each Step s~n. ~e nummi en ~e sup~l~n~ plate shall ~es~nd numar of a~each ~s, ~ ~e ~end ~l-Way (RI~) may ~ u~d. The pl~e shall have ~ite le~em and ~er on a md background. ~'su~bmntal ~laes RI-3 and R~ sh~ld ~t ~ u~ ~ intentions wEh ~ highways. A md flashl~ ~acon, ~ ~acens may ~ u~d in c~jun~ien ~th a Stop sign. ~ "Flashing ~acens". ~conda~ mes~ges s~ll ~t ~ ad on Stop sign faces. · Warmn~, f~St~ ~U~ ~e Stop sign ~uses a su~ntial i~onvenle~ to motorist, ~ should ~ly wa~n~d. A Stop sign may ~ wa~a~ at an in~i~ ~m ~e ~ mom of t~ foll~ing co~Ri~s exit: 1. ~ the less implant r~d ~ i~ intemecti~ wi~ a main mad w~m accide~ histow Justifies the pla~ment of Stop signs. 2. ~ a ~unty road or ci~ Mmet ~ its i~i~ wi~ a StYe highly. 3. ~ ~ iMers~on with ~o main hig~a~. ~ highway train to ~ stop~d de~nds ~ ap~ch s~eds, v~u~s and tumi~ 4. ~ a M~et enterl~ a legally established thr~gh highww ~ street. $:\Docs\STEVE\StopSignWarrantsCalTransTrafficManual.doc 6. At an unsignalized intersection in · signalized area. 7. At other intersections where a combination of high speed, restricted view and accident record indicates a need for control by the Stop sign. A Stop sign is not a "cure-all' and is not a substitute for other traffic control devices. Many times the need for a Stop sign can be eliminated if the sight distance is Increased by removing obstructions. Stop signs should not be used for speed control. Stop signs shall not be erected at any entrance to an intersection when such entrance is controlled by an official traffic control 'signal, nor at any railroad grade crossing which is controlled by automatic signals, gates, or other train-actuated control devices except es provided in CVC 21355, Stop Signs. The conflicting commends of two types of control devices ere confusing. Where two main highways intersect, the Stop sign or signs should normally be posted on the minor street to stop the lesser flow of traffic. Traffic enginsedng studies, however, may justify a decision to Install a Stop sign or signs on the major street, as at a three-way intersection where safety considerations may justify stopping the greater flow of traffic to permit a left turning movement. Stop or Yield Signs may be installed at any highway-rail grade crossing without automatic traffic control devices with two or more trains per day traversing the crossing. Two or more trains per day is Interpreted to mean an average two or more trains per day operating over the crossing each day for a period of one year prior to the installation of the Stop or Yield control sign. Portable or part-time Stop signs shell not be used except for emergency purposes. · Multiway Stop Signs The "Muitiway Stop" installation may be useful at some locations. It should ordinarily be used only where the volume of traffic on intersecting roads is approximately equal. A traffic control signal is more satisfactory for an intersection with a heavy volume of traff'~. Any of the following locations may warrant multiway Stop sign installation: 1. Where traffic signals are warranted and urgently needed, the multtway stop may be an interm measUre · that can be installed quickly to control traffic while arrangements ars being made for the signal installations. 2. An accident problem, es indicated by five or more reported accidents within a 12 month period of a type susceptible of correction by a multiway stop installation. Such accidents include right and left- tUrn ~o!lisio~.~..~.~. w~ll ns right angl~ 3 .Minimum traffic volumes; (a) The total vehiclular volume entering the intersection from all approaches must average at least 500 vehicles per hour for any 8 hours of an average day, and · (b) The combined vehicular end pedestrian volume from the minor street or highway must average at least 200 units per hour for ~he same 8 hours, with an average delay to minor street vehicular traffic of at least 30 seconds per vehicle during the maximum hour, but (c) When the 85~h percentile approach speed exceeds 64 kin/h, the minimum vehicular VOlume wa~Tant is 70 % of the above requirements. S:\Docs\ST EVE\StopSignWarrantsCalTransTrafficManual.doc Weather.. CITY OF BAKERSFIELD. Counted by~ PUBLIC ~R~S DEPAR~EN~ Sloe Cods : 231-20402 Board ~ ~ T~IC ~GIN~ DIVISION S~ar~ ~e: 01/31/2002 Begin 0 - 16 - 21 - 26 - 31 - 36 - 41 - 46 - · ~ ~o~al 15 20 2S 30 3S 40 4~ 50 SS 60 65 ~0 95 999 12:00 01/31 15 0 0 1 1 2 ~ 6 2 0 O 0 O 0 0 01~00 10 0 0 0 1 2 3 2 1 1 0 0 0 0 0 02:00 8 0 0 1 1 2 0 t 0 0 0 0 0 0 0 03:00 6 0 0 0 0 1 0 0 2 1 2 0 0 0 0 04:00 6 0 0 0 0 0 2 3 1 0 0 0 0 0 0 OS:O0 16 1 0 0 3 3 3 4 I 1 0 0 0 0 0 06:00 33 0 0 2 2 9 ~ 9, 3 1 0 0 '0 0 0 OT:O0 148 4 6 5 19 51 39 1T 5 2 0 0 0 0 0 08:00 212 8 2 10 35 ~1 55 9 2 0 0 0 0 0 0 09:00 191 6 3 3 20 63 68 18 8 2 0 0 0 0 0 10:00 244 6 2 4 30 93 81 23 5 0 0 0 0 0 0 11:00 281 9 6 10 41 101 80 23 8 2 1 0 0 0 0 . 12:00 ~ 324 17 2 17 54 116 82 30 · 6 0 0 0 0 0 01;00 301 8 5 11 63 104 78 28 3 0 1 0 0 0 0 02:00 2~9 15 9 8 39 101 ~9 25 3 0 0 0 0 0 0 03:00 280 3 6 ? 52 109 68 29 6 0 0 0 0 0 0 04:00 288 1~ 6 8 33' 103 82 29 11 3 1 1 0 0 0 05:00 295 B 4 8 25 94 90 ~4 8 3 0 I 0 0 0 06~00 14~ 4 3 2 15 35 53 28 6 1 0 0 0 0 0 0~:00 100 2 1 2 9 30 32 20 4 0 0 0 0 0 0 08:00 ~4 O . 0 0 10 10 2~ 21 6 0 0 0 0 0 0 09:00 5~ 2 0 0 3 15 18 14 4 i 0 0 0 0 0 10:00 36 0 0 0 I 8 13 12 2 0 0 0 0 ~ 0 11:00 .. 11 0 1 I . 1 1 2 3 - 0 Day To~als 3342 104 56 100 458 1144 965 391 97 19 6 2 Grand To~al 3342 104 56 100 458 1144 965 391 97 19 6 2 0 0 0 15~h Perc~tlle Speed : 27 ~ Medl~ Spe~ (50~h perc~ile) 33 MPH Avega9e Speed -'AIl Vehicles : 31 M~ 85~ Percen~ile Speed : 40 MPH 95=h Perc~ile ~ed : 44 MPH 10 MPH Pace S~ed : 31-40 MPH ~er o~ V~tcles ~n Pace 2109 Pegcen~ of Vehicles ~n Pace : 63.21% ~er ot Vehicles ~ 55 M~ = 8 Percent of Vehicles > 55 MPH: ,24% 7 Weather : CITY OF BAKERSFIEhD C~{m~edby: PUBLIC WORKS DEPARTMI~T Site Code : 229-40204 BoaTd # : TRAFFIC ~NGINEERING DIVISION Start 6ate: 01131/2002 Other ~ File I.D. : S:\TRAFANL\TA ~'' " " '' **'" ""' "' ''"~ 40 a~ ~0 ~ 60 ~ ?0 75 999 ~;~.,~.,..,.,... ............. ;~£~K~.,.,,. ...... ~& ..........~z .......... z:a; ........ ~l:~ ........... .~.~;~. 5 4 0 0 0 0 0 0 0 ~i';.~ ii ~ ~ ~ ~ i 2 2 2 2 0 0 0 0 0 02;00 8 0 0 0 2 i 2 2 1 0 0 0 0 0 0 03:00 4 0 0 0 0 0 0 0 1 2 i 0 0 0 0 04:00 6 0 I 0 0 0 2 3 0 0 0 0 0 0 0 05:00 13 0 I' 1 1 I 6 0 2 0 1 0 0 0 0 06:00 41 0 0 I 5 19 11 I 4 0 0 0 0 0 0 07~00 159 4 5 16 53 55 16 8 0 2 0 0 0 0 0 08:00 301 45 41 81 87 32 12 3 0 0 0 0 0 0 0 09=00 189 0 3 .16 41 81 38 9 1 0 0 0 0 0 0 10:00 253 2 2 25 75 89 3§ 19 I 0 i 0 0 0 0 11:00 285 2 4 21 84 107 49 15 2 1 0 0 0 0 0 12:00 Dm 354 8 7 42 105 111 66 15 0 0 0 0 0 0 0 01:00 319 I 5 ~! 116 99 ~5 10 2 0 0 0 0 0 0 02:00 295 9 14 53 86 89 33 7 3 0 i 0 0 0 03:00 293 21 29 50 54 76 50 11 2 0 0 0 0 0 0 04=00 310 6 2 23 ~2 115 77 29 5 0 i 0 0 0 0 05:00 289 2 3 6 55 108 79 31 ~ i 0 0 0 0 0 06:00 165 1 3 12 26 49 48 19 6 1 0 0 0 0 0 07:00 .106 0 1 $ 20 37 37 4 2 0 0 0 0 0 0 08:00 79 0 2 2 10 27 23 12 3 0 0 0 0 0- 0 09:00 63 0 0 3 6 17 26 9 1 0 I 0 0 0 0 ~.:!i:.::i?[i. .~.i': '-':" <: :i ': S: )i!:! 6 0 0 0 0 0 0 , 0 ..l;:.::::~ ....................... ~.;::..........,.~;~..:.: ....... ~ ........ :.:.:.:~;.~ ............. :...:.:.~;i:..;.;.;.>>;....-:-:...~[.;.;.; .......... ~! O i 2 0 · 0 0 0 0 i%x;; '?~'.:~.-:.;:.~, .':~:.~::;' :~:': '~;~'.: a~;.,: ~:;;-'~ ~:~'~: ~:~; 219 4~ 11 6 ~ ~ ~ * · Grand Total 3616 101 12t 401 890 1129 690 219 .4~ 11 6 0 0 0 0 15th Percentile Speed ~ 23 MPH Median Speed (50th percentile) 31 MPH Average Speed - All Vehicles : 31 MPH 85th Percentile Speed : 37 MPH 95th Percentile Speed : 42 MPH 10 MPH Pace Speed : 26-35 NPH Number oi Vehicles in Pace : 2019 Percent of Vehicles in Pace : 55.92% Number of Vehicles · 55 MPH : 6 Percent of Vehicles · 55 MPH: .17% ... C~tln~ed by: PUBLIC WOP.~S DEPAR~ SiVa Code z 315-40204 B~ard ~ : ?RAFFIO ~NGIN~ERING DIVISION Stare Da~e: 01/31/2002 O~er : File I,D. 12:00 01/31 12 0 0 0 0 01:00 9 0 0 2 0 ~ 1 1 1 0 1 0 0 0 0 02:00 2 0 0 0 1 1 0 0 0 0 0 0 0 0 0 03:00 3 ~ 0 0 0 0 2 0 0 0 0 0 0 0 0 04:00 17 0 1 1 0 8 3 2 1 1 0 0 0 O 0 05:00 33 0 0 2 B 4 i5 3 I 0 0 0" 0 0 0 06:00 115 O 1 2 6 50 31 17 8 0 0 0 0 0 0 0~:00 524 9 5 10 43 219 191 38 8 I 0 2 0 0 0 08:00 41~ 6 4 } 40 175 139 3~ 11 2 0 0 0 0 0 09~00 327 13 2 5 24 104 131 37 6 3 0 1 1 0 0 10:00 329 6 2 8 32 126 10~ 34 9 2 0 1 0 0 0 11:00 425 10 2 8 52 152 140 42 12 3 1 2 1 0 0 12:00 ~ 441 14 i 10 2~ 142 lB0 48 16 1 0 2 0 0 0 01=00 413 8 i 7 26 1~1 ,15~ 47 19 2 I 4 0 0 0 02:00 43~ 16 3 19 35 151 15~ 37 9 1 0 i 0 0 0 03:00 463 8 4 24 33 140 196 4~ 12 1 i 1 0 0 0 04:00 475 8 6 5 53 ~6~ 166 62 8 1 2 1 0 0 0 05:00 488 8 3 8 28 187 162 75 13 1 I 0 2 0 0 06:00 281 5 2 11 18 89 107 il 5 2 0 I 0 0 0 07:00 181 ~ 2 .~ 8 49 74 30 9 1 2 0 0 0 0 08:00 129 2 4 3 7 39 44 24 6 0 0 0 0 0 0 09:00 87 I i 2 5 17 28 20 11 2 0 0 0 0 10:00 40 1 0 0 4 9 10 1~ 2 0 0 0 0 0 0 11:00 21 0 0 2 0 8 5 4 2 0 0 o 0 0 0 Day To~als 5665 119 44 141 ~47 1979 2055 652 175 24 9 16 4 * Grand ToCal 5665 119 44 141 447 1979 2055 652 175 24 9 16 4 0 0 15~ Pe=cen=lle ~eed : 30 M~ Median ~eed (50th Derc~ile) ~5 MPH Average S~ - A~i Vehicles : 35 M~ 85~h Peru~cile SDeed : 40 95~h Percen=lle ~eed : 44 M~ 10 NPH Pace Speed : 31-40 M~ ~er o~ Vehicles in Pace : ~034 Percen= of Vehicles In Pace : 71.29% N~e~ oi Vehicles ~ 55 H~ : 29 Percen~ oi V~icles ~ 55 MPH; .51% Weather = C1T¥ OF BAKERSFIRLD CSunt~d b~: PUBLIC WORKS DEPARTMENT Sloe Code : 319-20402 Board # : · TRAFFIC ~IGINEERING DIVISION Start Date: 01/31/2002 OCher : File I.D. : S:\TRAFANL\TA v~,,. :~'~, ','x ~ ~: · ~" ':% ~.;: ~X aO 15 ~ 5~ 60 65 70 ?~ 999 12:00.01/31 10 0 0 0 0 1 4 4 1 0 0 0 0 0 0 01:00 9 I 0 0 I 0 3 1 2 0 1 0 O 0 0 02:00 2 0 0 0 0 2 0 0 0 0 0 0 0 0 0 03:00 4 O 0 1 1 0 1 1 0 0 0 0 0 0 0 04:00 15 1 I 0 0 5 4 2 i I 0 0 0 0 0 05:00 41 1 2 0 3 8 17 4 .5 I 0 0 0' 0 0 06:00 121 0 0 0 3 43 32 29 14 0 0 0 0 .0 0 07:00 496 12 · 4 ~ 10 134 211 98 1S 6 I 1 0 0 0 08:00 415 2 4 3 20 94 191 88 26 $ 2 0 0 0 0 09:00 323 .5 i 2 21 117 1~7 45 11 I 2 I 0 0 0 10:00 328 3 2 0 18 114 130 48 8 4 1 0 0 0 0 11:00 419 7 4 8 27 137 158 60 15 3 0 0 ' 0 0 0 12:00 I~a 461 11 6 6 26 120 180 77 26 5 i I 2 0 0 01=00 ¢10 7 6 3 31 107 166 68 15 5 I 1 0 0 0 02:00 433 8 3 5 24 150 l~0 55 11 6 1 0 0 0 0 03[00 483 8 7 6 32 ' 149 19~ 71 14 4 i 0 0 0 0 04:00 468 8 7 4 24 138 183 85 15 2 1 1 0 0 0 05=00 490 7 '3 4 31 142 192 76 .28 5 2 0 0 0 0 06:00 30? 5 5 3 8 67 128 65 22 3 1 0 0 0 0 07~00 205 I 1 0 4 48 83 49 13 2 1 0 0 0 0 08~00 131 i ' 0 0 2 35 47 33 11 2 0 0 0 0 0 09:00 83 3 0 I 5 11 28 18 14 3 · 0 0 0 0 0 10:00 44 0 0 0 0 12 8 16 · 5 3 0 0 0 0 0' 11:00 2~ ~ I ' 0 0 3 8 6 4 0 0 0 0 0 0 Day Totsla 5720 94 '57 50 291 1637 2232 999 276 61 16 5 2 Grand Total 5720 94 57 50 291 1637 2232 999 2?6 61 16 5 2 0 0 15th Percen~ile Speed : 31 HPH Median Speed (50th percentile): 36 HPH Average Speed - Ail Vehicles :. 37 MPlt 85th Percentile Speed : ii 95Ch Percentile Speed : ii MPH 10 MPH Pace Speed =. 31-40 MPH Number of Vehicles in Pace : 3869 Percent o~ Vehicles in Pace : 67.70% Number OE Vehicles ~ 55 MP~ : 23 Percen= of Vehicles > 55 MPH: ,40% B A K E R S F I E L D CITY OF BAKERSFIELD MEMORANDUM November 13, 2002 TO: ALAN TANDY, CITY MANAGER FROM: (~RAUL M. ROJAS, PUBLIC WORKS DIRECTOR SUBJECT:!~"' TRAFFIC ISSUE AT DOLORES & OWENS STREETS Council Referral #000271 Councilmember Benham requested staff contact citizen regarding traffic issues at Dolores and Owens Streets. Traffic Engineering staff contacted Mrs. Evelyn Ornelas regarding her concern on Owens Street. According to Mrs. Ornelas, the number of vehicles on Owens Street has significantly increased since the installation of the traffic sign&l at California Avenue and Owens. Mrs. Ornelas main concern, however, is the speed at which these vehicles are traveling. Traffic Engineering will conduct a 24hour speed profile on Owens Street and provide the information to the Police Department to aid in enforcing the existing speed limit of 25 mph. If speeding is still a problem after Police enforcement efforts, other traffic calming strategies will be investigated. G:\GROUPDATXReferrals\2002\CC Mtg 11-6X271-Traffic.doc B A K E R S F I E L D CITY OF BAKERSFIELD MEMORANDUM November 14, 2002 TO: ~ALAN TANDY, CITY MANAGER FROM: I~£~i~AUL M. ROJAS, PUBLIC WORKS DIRECTOR SUBJECT!,IFOUR-WAY STOP SIGN AT A AND BANK STREETS Council Referral #000269 Councilmember Benham requested Traffic Division respond to a request by William Burke for a four-way stop sign near Roosevelt School at the corner of A Street and Bank Street Traffic Engineering has contacted Mr. William W. Burke regarding his concern on the intersection of A Street and Bank Street and left a message with his wife. As Mrs. Burke mentioned, they are concerned with the high vehicular speeds approaching the intersection of A Street and Bank Street when school children are present. The speed limit is 25 miles per hour in a school zone. Traffic Engineering will conduct a 24hr speed profile on A Street south of Bank Street and provide the information to the Police Department to aid in enforcing the existing speed limit of 25 mph during school hours. If speeding is still a problem after Police enforcement efforts, other traffic calming strategies will be investigated. Traffic Engineering will also conduct an intersection study on A Street and Bank Street to see if any warrants are met to convert this intersection into an all-way stop. Stop signs are not authorized for use to modify speeds on a street. G:\GROUPDATXReferrals~2002\CC Mtg 11-6x269-Traffic.doc B A K E R S F I E L D CITY OF BAKERSFIELD MEMORANDUM November 14, 2002 TO: ALAN TANDY, CITY MANAGER Council Referral #000273 Councilmember Benham requested staff address a street drainage problem at the intersection of 21st and Inyo Streets and contact citizen. Staff contacted Mr. John Chao who has a business at 325 East 21st Street. Staff will be meeting with Mr. Chao on Friday, November 15, 2002. Mr. Chao's concern, regarding a drainage problem, will be addressed at that time. We will keep you informed as to the problem and the solution. G:~,GROUPDAT~Rcferrals~2002\CC Mtg 11-6~273-Streets.doc RECEIVED N0V I ~, 2002 BAKERSFIELD CITY MANAGER'S OFr. CL: CITY OF BAKERSFIELD MEMORANDUM November 12, 2002 TO: ALAN TANDY, CITY MANAGER FROM: RAUL M. ROJAS, PUBLIC WORKS DIRECTOR ~~ SUBJECT: ROAD PATCHWORK ALONG MORNING DRIVE Council Referral #000276 Councilmember Maggard requested staff repair the road surface where the water line was installed along Morning Drive and Panorama. The patch work does not meet the original road surface. The pavement patching by California Water Service Co. over the installed water main along Morning Drive and along Panorama is not complete. In the areas of permanent pavement, there is still another layer of asphalt needed to get to the finished surface. The trench patch has about a one to two inch drop along the existing pavement in these areas. The contractor working for CalifOrnia Water Service will pave this final "lift" in continuous lengths in order to minimize the number of joints. Joints created by repeated starting and stopping when short distances are paved can contribute to an uneven surface. G:\GROUPDATXReferralsX2002\CC Mtg 11-6X276-Streets.doc B A K E. R S F I E L D OFFICE OF THE CITY MANAGER MEMORANDUM November 15, 2002 TO: Alan Tandy, City Manager FROM: John W. Stins~?UAs~sistant City Manager SUBJECT: Councilmember Couch Referral re. Voting Procedure for the Riverside County Transportation Commission Councilmember Couch asked that I obtain information on the voting procedure for the Riverside County Transportation Commission. In particular he was interested in the weighted voting process. After a vote by the Commission members any member may immediately call for a weighted vote. For an item to be passed by weighted vote, the following requirements must be met: 1. The item shall be approved by a majority of the commission members present at the meeting who represent the board of supervisors, who each shall have one vote. 2. The item shall be approved by a majority of the commission members present at the meeting who represent cities in Riverside County, who each shall have one vote. 3. The item shall be approved by commission members present at the meeting who represent cities in Riverside County representing a majority of the population of the county living in incorporated areas. (This vote is based on the pro-rata population share of each incorporated area within the county) This voting system was established within the special legislation that created the Riverside County Transportation Commission. I have attached a copy of the state law which sets out the voting procedure and the administrative code of the Commission that further clarifies the process. S:~JOHN\Council Referals\Couch\RCTC Voting.doc Sennte Bill No. i8,51 CHAPTER to repeal and add Section 1~.~ off the Public .Uti[iti~ Code, relati~ [o transporta~on, [Approval by Geyser Au~st ~, 1~. Filed with $ec~etarF of Sta~ Aunt ~4, 1~,] SB 1~1. Kelley, ~iverside ~ounty Transpartafian ~o~mission: (1) Existing law creat~ the Riverside County Tr~portation ~ssion, comprised of 8 members appeared by sp~ffied entities, as prescribed. E~sting ~aw authorizes the appoin~ent of an ~ltermte member to .represent, on a t~porary basis, a re~ member of the commis~on, but only in t~ose e~es where the re~lar mem~r cannot at,nd the meet~g. Under exis~g law, a m~jo~tV ~ ~e members of ~e commi~on consfitut~ ~s bill would revise the member~p of the eommis~on 'to include 8 mmbers of the River~de County Bo~rd off Super~sors, one mmber from each incorporated ei~ in Riverside ~unW, m be - ~ther a mayor or city council member, and one nonvo~g member appoihted by the Governor. The bill would repeal thee prov~o~ rela~ng to the appointment o~ alternate members and would, inst~d. ~uthorize ~e ba~d of superv~rs ~o ~tablish a procedure by w~eh a member of the bo~rd of supervisors may appoint alternate member ~ the board to represent ~m or her for a meeting. appo~t either the mayor or a city council member as th~ alternate member t0 represent the roger member of the ¢ommi~ion that serves on behatf of the ciW, if the regular member isnot in attendance at a meetly. By changing the composition of th~ eommi~ion, thereby addi~ to ~e duties of certain iocal governmcnVofficers, the bill wo~d imp~6 a state-mandated local pro~, The bill would authorize a member of the eomm~sion to c~t for a weight~ vote on an item bdore the ~mmission, to be weighted. ~ prescribed. The bill would require a quorum el the e ommis~on to b e a mai oriW of the total voting membership of ~he commi~on. (9) The California Cons~tution requires the state to reimburse local agendes and wheel districts for ceftin c~ts mmdated by the state, Statutory pro~slons ~tablish procedures for mak~g that reimbursement, including the creation of a State Mandates Claims' an item to be paised by weighted vote, all o£ the following' k~und to pay the costs oi~ mandates that do not exc~ $1,~,~ ~eq~rements shall ~ met: ~tewid~ ~d other Proc~ures ~r cl~ whose storewide costs (1) ~e item sh~l be approv~ by a m~ori~ ~[ the comm~sion m~ed $1,~. members pre~nt at [he m~tlng who represent This bill would pro, de t~t no reimbursement shall be made ~om supervisors, who ca& zh~ have one vote. he ~te M~dates Claims ~nd ~or cos~ mandated by the state {fl} The item ~al] be approved by a malority of tko com~slon mrsuant to this act, but would recognize tM[ local agencies ~d members pr~ent at ~he mee~ng, who represent cities in Hiverside choO] dis~ic~ may pur~e ~y available reme~es to seek County, who each ~]l~veone vote. 'eimbursement for these c~s. (3) The item shaiI be approg~ by co~ission members presen~ at ~e meeting who represent cities in Riverside County ~ p~ple vitae State o[ C~i[o~ia do aact as ~v]]v~s: repr~eniing a majority oI the population of the county living in incorporatM areas. For the purpose o~ this parhgraph, each regular SE~ION 1. Section 1~053 of the Public Utilities ~de is commission member at the meeting who represen~ a city in .mended to read: ~verade CounW shEl he assi~ed votes based on the percentage 1~53. ~eHiverside~untyTr~spor~on Commission shall the population of incorporated areas onsist of the io]lo~ng regular members: ' represented by that member in relaHon to the ~tal popuhtion of -{a) Five members of the Hiverside Coun~ Board of Supervisors. incorporated are~ ofHiverside Coun~ represented at ~he meeting. (b) One member from each incorporated city in Hive~de Populalion data zhatl be determined through Department of Finance ~Un~, e~h of whom sh~i be a ~yor o~ ci[y council member, estimates, adjusted annualS. {c) One nonvoHng member appointed by the ~vemor.' . (c) No~i~st~ding SecHon 130102, a quor~ o~ the Hiverside SEC. 2, Section 1~3.5 of the ~b~c Ufi~ties Code h repe'~ed. ~unW Tra~por~0n Coniston s~[ be a m~jori~ of ~e tote SEC. 3. Section 130~3.5 is add~ to the Pubic U~ities Code, to' voting member~ip ~ the comn~on. ~ead~ ' ' - ' SEC. 5. ~o reimbur~m~t sh~l be made ~om the State' 13~g.5. ' (a) ~e Hive~ide CounW Board of tupe~hors sha~l Mandates Clams Fund pursuan~ to P~t 7 (commencing with Section stabli~ a procedure by which a member of that bo~d ~y appoint 175~) o~ Division 4 of ~fle i of ~he Gover~ent Code for costs ~ ~iemate member of ~e board o~ ~er~sors w represen[ the m~dated by ~e state p~rsuant to this act. It is re~z~, howe~er, ~ember for One. mee~ng of the Hiver~ County Tr~spor~Hon that a local agency or ~chool ~strict may pursue any remedies to ,ommh~on. Notice o~ the alterna~ appo~tment shall be made in obtain reimbursement av~lable to it under P~t 7 (commencing with ~iHng to the clerk of [he c~s~on ~ hours prior to the meeting. Sect/on 17500) ~d any o~her provisions of '- (b) Each inco~ora~ed city ~ Riverside County shall appoint one Notwiths~nding S~fion 1~ of the Govern. m~t ~de, unless I~emate member to ~e co~ission who ~hall represent the reg~ar ' offierwise specffied, ~e proviaions of this act ~MI become opera,ye ~ember o~ {he core,sion who serves on behalf ~{ ~e city, if ~e on ~e same date that ~e ac~ lakes e~et pu~u~ to the California ~uhr member is .not in a~tend~ee at a-meeting. Notice o~ the Constitution. [~te a~pointment sha~ be made in writhg ~o the clerk of the ~mmission 24 hours prior to ~e m~ting. I{ a incorporated ciW ppo~ts ~ ~ternate memb~, the alternate m~ber shall be either ie mayor or a city cocci[ member ~t ~at in~rporated SEC. 4. Section 13~3.7 ~ added to the Public U~lities Code, to . ' (a) ~cept as ~edfed in'mbdivision (b), each regular ~ber;of the Hiverside C9~ ~an~or ~on Comm~lion, or an .ternat~ member acing in ihe place oi a re.ar member pu~!uant ) Sect/on 1~3.~. sha]} have one vote at meetings of ~e (b) Notwithstanding lubdivii°n (a), ~y member oi t~ )~on, imm~iately after a vote of ~e commisflQn in ~Ordance ~vith snhdivi~on (a), may call for a wei~ted vote. For 0 ' RIVERSIDE COUNTY TRANSPORTATION COMMISSION November 8, 2002 TO: John Stinson, City of Bakersfield FROM: Nary Kopenhaver SUBJECT: RCTC Composition and Weighted Vote Here is the o~dinance changing the RCTC Board composition from 8 members to 30 members. I have also attached the weighted vote sheet. Note that population is changed every July 1st and this is based on the population released by the State. Please feel free to call me at (909) 787-7141 if you have additional questions, Attachments To'a 9t:9i ~00~ 8 ^ON O~6Z-ZSZ-606:x~J 'WWOD'aSNB~£'OD'AI~ Weighted Vote of the Riverside County Transportation Commission :~,.~ ~,,,=~:~ , , ~ -; .-~: ~ *_~,:,:~.=~ ........ ~,. .................. = ........... Department of Finance Citles of Riverside as of ~f102 Yes Abstain Cheil( ~alimesa Check Check Lake Check Cathedral Cit* Check Corona Che~k Cheek Hemet 'Check Ind;an Wells Check Check Check Lake Elsln~¢e Check Check Moreno Vel Check Mu rrieta Check Norco Check Cheek Perris Check Cl~eck Rancho Check Check San Jaoint¢ Cheek Check Totals Please checl( Gity Votes 0 10/81~002 EO'd 9T:9T EOOE 8 ^ON OE6Z-ZSZ-606:xeJ 'NNOO'dSNU~I'O3'~I~ EXHIBIT "A" TO ORDINANCE 9r~ 98-02 ADMINISTRATIVE CODE OF THE RIVERSIDE COUNTY TRANSPORTATION COMMiSSiON ARTICLE t PURPOSE' The Riverside County Transportation Commission is charged with the responsibility of carrying out the purposes and directives of the Legislature as provided for in the County Transportation Commission Act (Division commencing with Section 130000 of the Public Utilities Code), Section 130105 of the Public Utilities Code requires the Commission to adopt an administrative code by ordinance, ARTiClE II A. POWERS Ot: COMMISSION Subject to the powers and limitations as provided by law and these rules, all powers of the Commission shall be exercised, ifs properly controlled and its affairs conducted by its Commission, B. R__E_GULA.R MEMBERS, The Commission ~ shall consist of ~ ~ regular members appointed as follows: Riverside County Board of Supervisors,.one.-¢f ;;'he,, ,% ~-~" ,~ £O'a ZT:9T ~00~ 8 ^ON O~6Z-ZSZ-606:xeJ 'NNOD'aSNB~I'OD'AI~ One non-Yodn~ member appointed by the Go.emro-, C. ALTERNATE ]YmM~ERS. ). Th~ ........ . ~O'd lT:9T ~00~ 8 ^ON O~6Z-lSl-606:x~ 'WWOO'dSNU~I'O3'AI~ ...... ~~~~. . ~ ~ .... ~ ......... ~ ....... ~ ................................ ~ ..... . ......... . ..... ~~ re~ m~ of~e Co~sdo~ ~d each ~t~nte m~ber ~h~ o~ a re~ ~bcr, ~aH have one vote at ~e~gs of ~e Co~s~ion. because of d~ ~capacity, reliction, loss of~d~]~ o~ce, r~ov~ or ~H~ by ~e appo~n8 authod~ ~or ~ch member. F. ~. ~y ~ or aitemate memb~ may resi~ ~ no~ce or,ch ~p~o~ to thc ~~ Co~ssion ~. Such ~si~tiou s~] 5~]x,cx~p .~. SO'd 8T:9T CO0~ 8 ^ON O~6Z-ZSZ-606:xeJ 'NNO3'dSNU~I'03'~I~ be effective at the time specified; acceptance of such resignation shall not be necessary 'to make it effective. G. ~. Any regular or alternate member may be removed, with or without cause stated, by the authority responsible for his or her appointment. H. CO~ENSA~O~. U~ess pro~bited ~ ~w from ac~p~g compensatio~ each regular ~fl ~temate member of the Co~ssion shall be comp~sat~ at ~e rate of One Hun&ed Doll~s ($100) for ~y day aR~d~g to ~e bus~ess of~e Co~ssio~ b~ not to exe~ Four Hundred ~fl~ (~0) ~ ~y ~n~ ~o~ ~ n~e~ ~ve~g ~d personal e~en~ in~ed in the perforce offs or her duties as authored by the Co~ssion. A re~. ~d ~temate member may each r~eive compe~afion for the s~e day's'bu~ess. ARTICLE III ADMINISTRATIO~ A. ~, The Officers of the Commission shall consist of the Chair and a Vice- Chair, each of whom shall be a regular member of the Commission, an Executive Director, a General Counsel, Fiscal Officer, and other such officers as the Commission may d~n necessary. B, ELECTION OF CI-kAIR AND VIC~-CHAIR: The Commission annually, at its first meeting in January, and at such other times as there may be a vacancy ia either office, sh~!! elect a Chair who shall preside at all meetings, and ii Vice-Chair who shall preside in his or her absence. s26n.clv~ -4- 90'd 8I:9$ gOOg 8 ^ON O~6Z-ZSZ-606:xe3 'NNOD'dSNU~L'OD'fiI~ ................... ~~~;~~<~:~?~:~,~,~;~ ......... ~ .......... ....~..:~,. .................. ..,. ............................... ........................ . ........................ ~ ~'~i~?is~: ~.~::~' ' '~ ~+~:~ .'.~'~ '.~.+... ,.,..~ ~.,:.~.... r ... · ~ ,....~, <. . . :... . ..:~...... ...... =,..~: .:~: :.~{.~<.=~.~ ...~...>~:*.:, . ~'f~;~, .~ ~L~:~.~:~::~,...~>:~.>~:..:,~.:¢.. ~,,~,,..,~-.., .............. ~ ............. .................................... ,,. .................. , .......... ~i~i-. * .... ~ ........ ~SC~ 0~ICE~ ~e Ex~vc DE, or, ~ Co]]n~ ~ 0~cer, md such o~ o~cers ~ ~ Com~s~on may d~m neccs~ sh~ bc a~point~ by ~e ~ave vot~ ora majomy the Co~ssioa. ~ ~. ~MOV~ OF O~I~. 0~cem m~y be removed by ~e ~ative vote ~jofi~ of~e Co~ission. Vot~g on r~ov~ sh~l ~e place no ~on~r ~ ~t the n~ re~l~ me~g ~ollo~ng ~e meet~g at w~ch ~¢ motion to r~ov¢ o~rs w~ ~odu~, ]. Dories of Chair, ~e Ch~ sb~, ~ present, preside at ~1 meetings of ~¢ ~ to ~ or her by ~e Co~ssion or prescribed h~e~. In my ~e ~ w~ch the ora d~~ or the peffo~ of~ ~ is dffe~, t~¢ Cb~, u~s thc a~ of~e Co~s~on othe~ pro, des, is empowered to ex,ute ~ch doc~t or peffo~ such act. 2. ~dm ofthe_~-C~. ~e Vi~ ~ ~o~ ~e du~ oft~¢ Char ~s or h& ab~ce. ~en so a~, the Vice-Char s~ ~ve ~i the powers of and be subj~ to the rest~ions upon, the C~r. ZO'd 8~:9T ~OOg 8 ^ON Og6Z-ZSZ-606:xeJ 'NNBD'dSNU~±'B3'~IS 3, Chair Pro Tempore, In the ~nt of the absence or inability to act of the Chair and Vice Chair, the Commission, by motio~a passed by majority vote, shall select one of its members to act as Chair Pro Tempore, who, while so acting, shall have ali o£the authority of the Chair, 4. Dufies_o£Executive Director. The Executive Director shall be a ~ ~ ~ officer of the Commission. The powers and duties of the Executive Director are: " (a) To administer the person0, el system, including comract employees of the Commission. 0a) To administer all contracts. (e) To cause to be prepar~ by a Certified Public Accountant and to submit to the Commission as soon as p~:actieaI at~er the end of each fiscal year a post-audit of the financial transactions and records of the Commission for the preceding year. (d) To keep the Commission advised as to the needs of the Commission. (e) To have full charge of the administration of the business affairs of the Commission. (O To see that all ordinances, rules and regulation, motions, or resolutions are enforced. (g) To provide for the secretarial services required by the Commission including keeping a book of minutes of&Il meetings of the Commission, giving notice of all meetings as may be required by law or action of the Commission, and such other duties as may be prescribed by ordinance or resolution of the Commission. (la) The Executive Director is authorized to take any or alt of the following actions in relation to regular employees of the Commission: 80'd 6~:9I 'COOC 8 ^ON OC6Z-i$i-606:xe3 'HHOD'dSNW~I'OD'AI~ (1) To hire employees at the appropriate salary range as determined by the Commission. (2) To promote, transfer, suspend with or withoal pay, or discharge any employee. (3) To notify the Commission of such. actions at appropriat~e ~ntervals. (i) The Executive Director is authorized to make disbursements of funds · of the Commission consistent with the annual budget of the Commission. He or she shall have such other duties, powers and responsibilities as may from time to time be assigned by the Commission. The compensation of the Executive Director shall be pursuant to written contract with the Commission. 5. Duties of General_Counqa! The General Counsel shall be a person admitted to practice law by the Supreme Court of California or a firm comprised of same, and shall have been actively engaged in the practice of law for not less than five years preceding appointment. The General Counsel shall represent and advise the Commission in all legal matters, actions, or proceedings in which the Commission is concerned, or interested, or is a party, 6. Duties of Fiscal O~c~_. The Fiscal Officer, uader the general direction of the l~xeeutive Director, sl~all be the custodian of funds received f~ora the Commission from whatever source. The Fiscal Officer shall: (a) Receive and receipt for all money of the Commission and phee it in the Comm~sion treasury. C0) Draw warrants to pay demands against the Commission when the demands have been duly and regularly signed by the Executive Directoi. 60'd 6I:9I COOC 8 ^ON 0C6~-i82-606:xe~ 'WWOD'dSNU~I'O3'AI~ ? ; (c) Execute a bond with one or more corporate sureties approved by the Commission in the sum of two hundred fi~ thousand dollars ($250,000.00) payable to the Corranission and conditioned upon the ~ performance of the duties of the office, and the payment of' money receiv~ 'by him or her according to the law and the orders of' the Commission. The Commission may at any time require a new bond from the Fiscal Officer ... in such sum and in such form as may then be determined by th6 Commission. In the event that the person appointed as Fiscal Officer is also an officer of a governmental agency who is charged with execution of duties for said agency, similar to those her~in established, for which he or she must maintain an official bond, said officer may upon Commission approval stand on his or her official bond in lieu of' the above-mentioned bond provided that the bond being provided is for the same amount and for the same duties as those of Fiscal Officer to the Riverside County Transportation Commission as sg forth in this Se.~ion F:6 ~ of Article 1][I of this Code. (d) Prepare or cause to be prepared a report in writing on the fa'st day of ]'uly, October, January md April of' each year to the Commission detailing the amount of' money held, the amount and source of' receipts since the last report, and the amount and recipient of'amounts paid out since the las~ report. (e) Keep a full and complete record of all financial transactions and records of the Commission. He or she shall have such other duties and responsibilities as may from time to time be assigned to the Fiscal Officer by the Commission. ~ ~. _F2dP, L_Q_X~J. All employees other than independe? c, ontrac:tors, shall bo subje~ to the control and supervision of'the Executive Director. Compensation of'employees shall be as provided for from time to time by the Commission. OT'd 6T:9~ EO0~ 8 ^ON OE6Z-ZSZ-606:xeJ 'NNOD'dSNU~I'O3'fiI~ H ~. ,~PPO .I~. TM-F.~ OF ADVISORY COMMITTE.~., l. Citizens' Advisory. Committee ("Social Service Adviso _ry Council~. (a) Membership, There is hereby created the Citizens' Advisory Committee. This committee slmll serve as the Social Service Advisory Council required in Public Utilities Code Section 99238. The Committee shall consist, of twenty (20) members appointed by the Commission, in the manner provided by ~he Commission. Members of the Coran~ee shall be selected so as to reflect a broad speeuum of interests and all geograDhie areas of the County. Committee members shall serve at the will and pleasure of their nominating authority and the Commission. (b) nEl~ql~. Subject to the supervision of the Commission, the Commin~ shall consult on and obtain and collect public input on, those matters of interest and eoneem to the Commission that may fi.om time to time be assigned to the Committee by the Commission for its review, comments and recommendation. (c) ]~J_~. The Commission shall call the first meeting and may call subsequent meetings of the Comlllittee, setting the time and place of said meeting(s) and designating the agenda from any meetings so called. The Chair of the Committee may also call meetings of the Committee, setting the time, place, and agenda for such meetings, The Commit-tee may also hold subcommittee meetings of any subcommittees it establishes. (d) ~. The staffofthe Commission shall be available to aid the Committee in its work. (e) ~utlll,~i~l. Members of the Committee shall serve without compensation. ~'d 0~: 9I ~00~ 8 ^oN O~62_-ZSZ-606: xtL-[ 'HHED 'dSNkla.L 'CID (f) ~. The Committee shall elect a Chair and Vice-Chair from the members thereof, each of whom shah serve for one (I) year, aztd therea~er until his or her successor is elected. Seeret~al services shall be provided by the Commission staff. :2, Technical Adviso~ Committ,ee, (a) ~, There is hereby, created the Techn/cal Advisory Committee, The Committee shall consist of members selected as.follows: (1) One (1) member representing thc County Plarmins Deparun~t. (2) One (1) member representing the County Admin/strative Officer. (3). One (1) member represent/rig the County Transportation Department, (4) One (I) member representing each City in the County which designates such a representative, (-~) One (1) member represent/ng the Riverside Transit Agency, (6) One (1) member representing the Western Riverside County Council of Govemments, (7) One (1) member representing the Coachella Valley Association of Governments, (8) The District Directors of'Caltrans Districts 8 and 11. (9) One (1) member representing the SunLine Transit Agency. (10) One (i) member representing the Palo Verde Valley Transit Agency, '.'.. Cl'd 0C:9~ CO0~ 8 ^oN OC6Z-ZSg-606:xefl 'NNO3'dSNUaL'O3'fila (11) The Transportation Plarming Director of the Southern Association of Governments, as a non-voting member. Committee members shall serve at the will and pleasure of their appointing authority and the Commission. An alternate may be named by each appointee to represent him or her in his or her absence. (b) _F. gl!!!i~. Subject to the supervision of the Commission, the Committee shall provide technical assistance to the Commission by reviewing and evaluating thc various transportation .proposals and alternatives within Riverside County. The Committee shall review, comment upon, and make recommendations on such matters as referred to it by the Commission, includin§ all ma~ers relating to the CMAQ/STP projects. During the annual preparation of the Regional Transportation Improvement Program a STP Formula Fund Subcommittee of the Committee shall be formed to regommend the funding of selected STP projects to the Commission. (c) ~. In the dispatch of its responsibilities~ the Committee may conduct meetings, may appoint subcommittees, and engage in such related activities as it deems necessary. (d} ~lllll~ill~i~, Members of the committee shall serve without · compensation. (e) ~, The Committee shall elect a Chair and Vice-Chair f~om the members thereof, each of whom shall serve for one (1) year and thereai~er until his or her successor is elected. $~retarial services shall be provided by the Col~lission staff.. 3. Other Aclvlso~ Commie.s_ The Commission may appoint such other Advisory Cor~mkt~s as it deems necessary. The Commissio~ shall determine the membership of £'1: '~ 0~.: 9I ~.OOC, 8 ^ON O~.6Z-Z82.-605: ×~_.-I 'I,,INOD ;dSNU~.L 'OD 'AIa , ,. such Committees, and specify the fim¢fions, duties, responsibilities, and terms of service. The Commission shall give due consideration to recommendations, advice or proposals reeeiv~ from Advisory Committees but shall not be bound thereby. ~8. co~4rr'rw~s 0V VSm CO~SS~O~i 1. The following Committees of the Commission' are hereby created: ' ' ..... :~ ...... ;' ' "' ........ :': ':' ':::~'n: '~;'~:" ?:';:~:'..~:~:~ ¢:~' ~,~:~:"~:~'%~i:~'~::~ ~. '~:: :~ .~e .'.'.',x" r~: g~e. v,.,..... ~ ........... . ' .................. '"'""~"'"~'~.~'~,,:~.p:,:,zc~:.:...~~2, * ~ :~ "~: ' . ....:~: ...... ;3:'""' ;'"'".. '.".'; ~;~:'~:'".::*,:.:,::s:~:': ..:,;.: .... ~.~$~ .~ ...... g.....,.> ................ ~ ........ ~... ~ ................ ~ .~ ....... , ,< , .,, ~, "~ ~' ' ;' ' ' i'" : . ':': ......... c "'~ ', ~ c, '< ~;':' "~':'~:~.2.~:.:.:~:.:.:.:: ';':'"",:,:6:~.~:. :.:.:,:,.~.,,.... ........... , ......... ...... ~...~...~2&~...,..~.4~ [~ ~..., ........ ....................... . ..... ~:.~,....._.~ ~-..~ ;:...:~...,~ ........... :~ .................... . ":g~"~;~:;~:~'.'4~:~:~:~:~;¢~.-. :.....,..~.,:,~ ~. '~v. · · '" ' ...... .'.~' ,g~' ~' ':~""m''''k~''''. :':~:~,:e'~:~"~.~3~F' '~"'~:::::~:~:~:'*'"~;¢7~:~.~-":.' .~,~. ................. '~. ~'~:::~:~x:~. '~ .,:~ ......... ~. ,.4~, .~ ' ,.;:.,~:¢ ~:,:~,~;:..,..:.,.~.v. '~'~;~:~;~3~c,x,~,'.,".'..~.,.....~ ........ ~, ~~~~;~ i~4~:~*~:;~*** s**:**¢*m¢.~'..:,:.:.:,.,.:,.:¢,..,...,.,,.** ........... ...,,., ...... , .,~ :, , , :,. ...........:., ........... :.... ~..~ ..~., ~ ~.~'~'~ -~:,,.,~:.:~¢,..~.;~,...:~,,~ .......... . ........... ...........¢...,...., ................. , ......... ~~,...~~: ~ ....... . ....... .,..... ........................ . ................. , ................ , ................ ,.,... ..~. ............ , ............. ~~:~~:i~s~:~*~`~:~:~¢;:~.~r¢~:~.~:.:.:~.~....~.'.'~.. ..,.,.,.~ ...................... ................ ~:~.~.~,:,:~:~ ~;~ ~ ~n.c~, -12- ~T'd 0~:9I ~00~ 8 ^ON O~6Z-ZSZ-606:xe~ 'WWO3'dSNU~£'O3'AI~ ~T'a Ic:9t COOC 8 ^ON OC6Z-ZSZ-606:xeJ 'WWOD'dSNU~1'OD'flI~ -]4- 9T'd EE:9T ~00~ 8 ^ON O~6Z-ZSZ-606:xej 'NNO3'dSNU~I'03'~I~ ARTICLE IV A. ~ Matters to b~ plaraxt on the Agenda for any regular me,rig may be filed with the Executiv~ Director ofthe Commission by any meanber of the Commission by the Thursday before' such regular meeting. The Agenda for eac~ regular meeting shs~ be prepared under the dire~on of the Executive Director. The Executive Director shall cause copies of the Agenda to be rnail~ or delivered to each regular and alternate member and ~e General Counsel at least three (3) working days prior to the regular me~ing .date. B. I~GUL. A_R lvmwrrNG. Regular me,tings of the Commission shall be held at ~, Riverside, California or at such other location set in public meeting by the Commission on s~n.c/~ -15- ZT'd ~:91 ~00~ 8 ^ON O~6Z-ZSZ-606:xes 'WWOD'dSNOa±'O3'AI~ the f~t ~ Wednesday of each month at -~. ~!00 l~m ~i.~.. unless such day is a holiday, in which cas~)-the meeting shall be held on the next business day. Regular meetinl~ may be canceled by majority vote of the Commission at a regular or special meeting prior to the meeting to.be canceled. A regular meeting may also be canceled by the Chair f?r lack of a quorum. The l~xecutive Director shall endeavor to mail or deliver notice of such canc~llation to each reb~lar member and alternate member at least twenty-four (24) hours prior to the time of the meeting. , C. ~ECIAL ME~TINGS. A special meeting of th0 Commission may be called at any time by the Chair, or in his or her absence by the Vice-Chai~, or by any Cxmr~ ~:f~i~i~ regular members by delivering personally or by marl wr~ noti~ to the Executive Director and each regular and alternaie member. Such notice shall be so delivered at least twenty-four (24) hours before the lime o~' such ra~ting as specified in the notice, The call and notice shall specify the time and place o£the speVial meeting and the business to be transacted. No other business shall be transacted at such meetinl~. Such written notice may be dispensed with as to any member who at or prior to the time the meeting convenes files with the Executive Director a written waiver of notice. Such waiver may be given by telegram or telecopier. Such written notice may also be dispensed with as to any regular or alternate member who is actually present at the meeting at the time it convenes. D. POSTING OF AG1ENrD. A~ The Commission shall post agendas of all re, dar me~n~% containing a brki'general descrilDii0n of each item of business to be transacted or discussed at the me~n~, at least sevonty-t,,vo (72) hours before such regular meeting. The ag6rida shall specify the time and locatio~ of thc m~ing and shall k posted in a location freely accessible to members of the public. No aciion shall be taken on any item not appeari~ on such posted agendas, exce~ as permitted by state law. 8I'd ~:91 C00C 8 AON 0~6Z-ZSZ-606:x~J 'NNQD'JSNBa1'03'~Ia ,, E. OJ_/ORI~ AND VOTING REQI,rIRE~$. Commission shall co~e a quo~ for ~e tr~a~ion of business. ...v .......... ~.,~ ........ ~:::~:~::s~:~:~:;~};:ii~:i~i:;~~:~~.`.`~:~:~:~:~:.....~.`.~.:.~.`~..~'...`~. ............................ ~ ............. ~" a', .... ~'""'"'" ,..; ~.a ~ .~ .~.i~,~ ........ ~i. , ~ ....... . . ~ ,,..,.,,,.,..-..- ...,.~.. , ..,. ,>,,..7.~..,,1...~,. ~ig>l*. ............ ,, ........... ~:~,.i.>~ ................ ~.,~ .......... ..................................... ~..E,.~ ........ ~:'.~. ~. . ~ ........ ~ ' ~ · '~ia: ,' ,:[ ' '.~. .. .:. .:. , ~ ..... ~, ,~,~ .................................. :.,~.,.,~, ..~ ............. ~.~... ,:,~..:.:.:~ .......... ~,.~: :: '. . .' ................... :'"""~ ........... ~'~",' '~:':' :'~<'~ ' ' ~ ...... ~i:~"~¢~:'~' ~:i~; ',~ ~9:~:~l!~.-. g~ ~::' ~ t '¢' ,~: ~, ~: ~:~ ~:~*~ ..~, .~,..,....:~,:.~:a .~ ......~. ~ .......... 6I'd ~g:9I gO0g 8 ^ON Og6Z-ZSZ-606:xe3 'MMO3'dSNUaI'O3'~Ia 1r. ' RALPH M..BROWN ACT. All meetings of'thc .Commission ~hali be called, noticed, and conducted in the manner prescribed by the Ralph M. Brown Act (ch,,pier 9, commencing with Section 54950, Part I, Division 2, Title 5 of'the Government Code). G. ADDRESSING COMMISSION ON AGENDA 1TEMp. No person shall add~ess the Comraission at any meeting until he or she has &st been recognized by the Cha/r. The decision of the chair to recognize a person may be changed by vote of a majority of the members of the Commission present at the meeting. When addressing the Commission, ©ach individual speaker will be limited to five minutes or less of public testimony ~ ~, -s~-,,,~.~ ,~,.. The Commission may, either at the direction of'the Chair or by a majority vote of the Commission, waive this five minute time limitation. H. COMMITT~. OF THE WHOLe. At any regular meeting not yet convened because of the lack ora quorum, the regular members, and ~lternates acting in the place o£a regular member, who are present, may constitute themselves a "Committee of the Whole", for the purposes of discuss- ing agenda matters or any other matter of interest to the members present. The Committee shall automatically cease to ex/st ifa quorum of the commission is present at the meeting. ARTICLE V CORPORATE POWERS A. ~.U..~/,~. The Commi~on has pequaual succession and may adopt a seal and ,alter it at its pleasure. B. ~. The Corem/ss/on may sue and be sued, except as otherwise provided by law, in all actions and proceedings, in all courts and tribunals of competent jurisdiction. OC'~ ~5:9I COOC 8 ^ON O~6Z-ZSZ-606:x~ 'NNOD'dSNU~I'03'6I~ C. ~, Ali claims for money or damages again,~ the Commission are governed by D/v/sion 3,6 (commenc/ng with Section gl0) o£Title ! of the Government Code except as provided there/n, or by other statutes or regulations expressly applicable thereto. D. MOTIONS. P~GULATIONS AND ORDINANCE,",. The acts of the Commission shall be expressed by motion, resolution, or ordinance. All ordinances shall take effect upon their adoption. The enacting clause of' all ordinances shall be as follows; "The Riverside County TransPortation Commission hereby ord~i.m as follows:~ All ordinances shall be signed by the Chair 'or by the Vice-Chair of the Commission. E. MISCELLANEOUS The Commission shall have the power and authority to do any and all things n~ to carry out the purposes of'Division 12 (commencing with Section 130000) of'the Public Utilities Code. ARTICLE VI The Commission may make contracts and emer into stipulations of any nature whatsoever either in connection with eminent domain proceedings or oth~wise, including but not limited to, contracts and stipulations to indemnify and save harmless, to employ labor, and to do ali acts necessary and convenient for the full cx~rcise Of the poWers authorized by law or by this Ordinance. The Commission may contract with .any Departmeot or Agen~ of the United States of America, with any public agency (including but no! limiied to, the Department of Transportation or any Transit District, County, or City), or with any person upon such terms and conditions as the Commission finds is in its best interest. mx,.ca~ -19- I~'a S~:9T ~00~ 8 ^ON OC6Z-ZSZ-606:xeJ 'NNO3'dSNU~Z'O3'~I~ A. ANNUAL BUDGET. The Commission, after holding public hearings, shall annually, on or before June 15th of each year, adopt a budget for the succeeding Fiscal Year. B. PUBLIC HEAKING~. The Commission shall hold' public hearings prior to.the .... adoption of its budget. Notice of time and place of such hearings shbJl be published pursuant to Section 6061 of the C~vernrnent Code alld shall be published no later than the 15th day prior to the date of~e hearing. C. PUBLIC INSPECTION. The proposed annual bud§ct shall be available for public inspection at le~t ~qfieen (15) days prior to the hearing. ARTICLE VIII The Commission shall make, or cause to be made annually as soon as practical atter the end of each Fiscal Year, a post-audit of the financial transactions and records of the Commission for the p,~.,.eceding year. Such post-audit shall be made by a Certified Public Accountant. :f4;:.~: s~sn.ca~w -20- ~E'd 9C:9I EOOC 8 AON OC6Z-zez-606:xeJ 'NNO3'dSNUMZ'OD'hI~ ._ OV 4 2002 B A K E R S F I E L P 2~T¥~A~ CITY OF BAKERSFIELD MEMORANDUM November i2, 2002 TO: ALAN TANDY, CITY MANAGER FROM: RAUL M. ROJAS, PUBLIC WORKS DIRECTOR~L...,_,.~_._.~ SUBJECT: UPDATE ON AKERS ROAD EXTENSION Council Referral #00027g I C°uncilmember Salvaggi° requested an update °n the Akers R°ad extensi°n Ibetween Pacheco and White Lane. In February 2001, Public Works staff and city consultants began the process of applying for Public Utilities Commission (PUC) approval of four proposed at-grade crossings located in southwest Bakersfield; one of the proposed at-grade crossings being Akers Road on the Union Pacific Railroad Button Willow Branch. Fourteen months later, in April 2002, applications were submitted to the PUC for all four locations. The application process by the PUC is normally a 90 day review period in which the railroad companies have a chance to protest the proposed crossings. Although there have been no formal protests from the railroad companies to the PUC, San Joaquin Valley Railroad (SJVRR), which leases the tracks from Union Pacific Railroad, has stated they are strongly opposed to all of the crossings. SJVRR has also stated they intend to protest these crossings. Also during the review of the applications, the PUC requested a more specific environmental document other than the 2010 General Plan FEIR be submitted with the application. The City then prepared a Notice of Exemption which required a 30 day notification period. As of last week, the PUC has written their draft decision to approve the four at-grade crossings. That draft decision will begin circulation for approval this week. Once approval is granted from the PUC, the City must acquire an order to construct from the Union Pacific Railroad Company for the proposed crossings. The Union Pacific Railroad Company is also opposed to the crossings so the City will then need to file a hearing with the PUC to get the order for construction from the Union Pacific Railroad Company. City staff has met with City Attorneys Office and our consultants regarding the upcoming PUC hearings for these crossings. The City is also prepared to file an expedited hearing when we get approval from the PUC for the proposed at-grade crossings. GSGROUPDATXReferrals\2002\CC Mtg 11-6X279-Arnold. doc B A K E R S F I E L D CITY OF BAKERSFIELD MEMORANDUM November 12, 2002 TO: ALAN TANDY, CITY MANAGER FROM: ~_I~J~UL M. ROJAS, PUBLIC WORKS DIRECTOR SUBJEC'!~.//~/'i DIAGONAL PARKING AT ED/CD BUILDING Council Referral #000278 Councilmember Salvaggio requested an update on diagonal parking on south side of 17th Street between N and Q Streets - the new ED/CD and Parks and Recreation offices. The Traffic Engineer is waiting for completion of work on 17th Street by the developer. Curb and gutter and driveway relocations are not yet completed by the developer. When those improvements are completed and the construCtion equipment and materials are out of the way, a work order will be sent to General Services for implementation of the diagonal parking planned prepared by Traffic Engineering. The developer expects to have the work completed in the next few months. G:\GROUPDAT~Referrals~2002\CC Mtg 11-6\278-Traffic.doc