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Home My WebLink About09/28/01 B A K E R S F I E L D OFFICE OF THE CITY MANAGER MEMORANDUM September 28, 2001 TO: Honorable Mayor and. Ci_ty Council FROM: Alan Tand~lV~anager~ SUBJECT: General Information 1. A huge congratulations and thanks to Jim Foss and his SMG crew! Since the overwhelming success of the first Los Angeles Laker game, Jim has remained in contact with the Laker ownership. When they lost another opportunity, his contacts paid off with a game for October 16th of this year. Two-time World Champion Lakers at the Garden! Thanks, Jim! 2. With the baseball lease issue in .good shape, we will be accelerating property acquisition efforts, as will Olmscheid. He notified the bank on the day of the press conference so all efforts are being made to keep things progressing. 3. Donna Kunz has been working with Capital Vision Equities on the senior housing project south of California. By using our dollar contribution (same amount previously discussed) to secure, rather than option, the property, they would get enough points to be approved in the next tax credit round. In being sensitive to Councilmember comments, that would also eliminate uncertainty from property owners south of California. Donna will work with Capital Vision and we will return to Council in a few weeks. 4. As. you are aware, the City Council voted $2.5 million for the Meadows Field terminal, but with the stipulation that as new grants come in, it replaced our money and proportionately reduces our contribution. It is likely that the new grant reduction will take our contribution down to between $0 and $880,000. Ray Bishop still has cost issUes to deliver a quality building. We jointly agreed at a meeting on September 27th that we would recommend our contribution not go below $1.5 million. An amendment to our contract would be necessary to effectuate that. That offer to be open for 12 months - if they do not put it under contract by then, the offer goes away. This gives us some of the reduced cost and helps the County get a quality building. A reasonable compromise. It will go to City Council for consideration soon. ~General Information September 28, 2001 Page 2 5. We just received notice that the Public Utilities Commission has approved a decision to suspend the right to enter into direct access contracts of agreements after September 20, 2001. This decision effectively eliminates the ability for Cities and others served by the three major utilities to implement electrical aggregation through direct access agreements. The decision was passed on a 3-2 vote and was based on the need to provide a stable customer base to sell bonds and ensure recovery of the Department of Water Resources costs of acquiring power the state has purchased since January 2001 and continues to purchase. A memo explaining the implications of this decision is attached. Even those Cities who may have enacted ordinances which reserved the right to aggregate can no longer enter into contracts after September 20th, and the Commission specifically reserved the right to suspend any contracts entered into after July 1, 2001. Had our City passed a resolution in July reserving the right to aggregate electricity as some cities did, it is unlikely we would have been able to execute any contracts prior to the September 20th date since we would have had to identify and enter into agreements with electrical providers and identify potential aggregation customers based on mutually beneficial economical conditions (assuming they were possible). These arrangements are also made difficult due to current law which requires individuals to "opt-in" to receive aggregated service. Determining how many and which customers would choose to "opt-in" requires significant time and research prior to the purchase of the needed electricity. 6. Enclosed is a memo from the South San Joaquin Valley Division of the League of California Cities regarding the League's 2002 Policy Committees. 7. The City Water System institutes its rate increase starting October 1,2001. A billing insert has been prepared and will be included in bills that go out starting Monday. Bills will be prorated over the month to reflect the billing cycle. Remember the increase is on the unit quantity only ($0.03 per hundred), the monthly service charge remains the same. A copy of the insert is enclosed. The portion that is titled "NOTICE TO CUSTOMERS" is one side and the "Schedule of Rates" is printed on the other. The different "Schedule of Rates" side is inserted in the appropriate customer areas, unincorporated or incorporated. We only have about 150 unincorporated area customers as opposed to over 25,000 City customers. The City service area covers almost all of Ward 4, Ward 5 and Ward 6. 8. Attached is a memo from Economic and Community Development related to the year two employment status of Step 2 Company. Step 2 has met the terms and conditions required in the agreement with the City and qualifies to have 20%, or $27,440 of the loan amount forgiven for the second year. 9. Church's Chicken, located at 1387 Brundage Lane, is having a grand opening. EDCD has provided the information. 10. The Southeast P^C is in full support of the grocery store at the corner of Union and California Avenues. Included is a brief memo from EDCD. ~eneral Information September 28, 2001 Page 3 11. A memo by Ralph Huey, Director of Prevention Services, is attached regarding the Bakersfield Californian article regarding a waste site in the City. 12. I will be taking a couple of vacation days next Thursday and Friday. John Stinson will be in charge, and the office will have my numbers should you need to contact me. 13. Responses to Council requests are enclosed, as follows: Councilmember Benham · Concern of amplified sound being played at Patriot's Park under the City's sound ordinance Councilmember Carson · Code Enforcement Review of assessments in Ward 1 Councilmember Couch · Use of Stadium Money ·Creation of an "Off-Highway Vehicle Park" in the Bakersfield area Fire Station Space Needs Councilmember Maggard · Traffic delays at the intersection of Ashe Road and Stockdale Highway due to work crews in the area cc: Department Heads Pam McCarthy, City Clerk Trudy Slater, Administrative Analyst BAKERSFIELD CITY MANAGER'S OFFICE MEMORANDUM September 25, 2001 TO: Alan Tandy, City Manager FROM: John W. stinsoQn,~)A~sistant City Manager SUBJECT: Public Utilities Commission Decision Suspending Direct Access I just received notice that the Public Utilities Commission has approved a decision to suspend for those served by PG&E, SCE, and SDG&E the right to enter into direct access contracts or agreements after September 20, 2001. This decision is consistent with action taken February 1,2001 by the legislature in its approval of AB 1X which suspended direct access until such time the Department of Water Resources no longer supplies power on behalf of the three major utilities. It is my understanding that this decision effectively eliminates the ability for Cities and others served by the three major utilities to implement electrical aggregation through direct access agreements. Even those Cities who may have enacted ordinances which reserved the right to aggregate can no longer enter into contracts after September 20, and the Commission specifically reserved the fight to suspend any contracts entered into after July 1,2001. The Commission may also limit the renewal of direct access contracts entered into prior to July (this is to be determined in a subsequent decision by the Commission). Had our City passed a resolution in July reserving the fight to aggregate electricity as some cities did, it is unlikely we would have been able to execute any contracts prior to the September 20~ date since we would have had to identify and enter into agreements with electrical providers and identify potential aggregation customers based on mutually beneficial economical conditions (assuming they were possible). These arrangements are also made difficult due to current law which requires individuals to "opt in" to receive aggregated service. Determining how many and which customers would choose to "opt in" requires significant time and research prior to the purchase of the needed electricity. It is also likely that potential providers and customers would be hesitant to enter into agreements with the City for electricity with the knowledge that the PUC was likely to eliminate direct access to be consistent with the legislation passed in January and that contracts entered into could also be subject to suspension by the Commission as mentioned above. It is possible that some time in the future the Commission could alloW aggregation again, however it will most likely require legislative action and a remm to a more stable electrical market where the Department of Water Resources is no longer purchasing power foi: the three major utilities. S:~IOHN'~Enm', gy Crlsis~n~t Access Memo.wlxi However, the City Council could still consider passing a resolution reserving the right to aggregate electrical power should direct access be permitted again. The decision was passed on a 3-2 vote and was based on the need to provide a stable customer base to sell bonds and ensure recovery of the Department of Water Resources costs of acquiring power the state has purchased since January 2001 and continues to purchase. I have attached a copy of the decision I obtained from the PUC's website. cc. Bart Thiltgen, City Attorney S:UOH/q~nergy Crisls~Direct Access Meano.wpd ,~ ~D0109060 Interim Opinion Suspending Direct Access Page 1 of 1 California Home CPUC Home Monday, September 24, 2001 Word Document PDF Document ALJ/RAB/sid* Mailed 9/20/01 Decision 01-09-060 September 20, 2001 BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA Application of Pacific Gas and Electric Company for verification, Application 98-07-003 consolidation, and approval of costs and revenues in the transition revenue account. (Filed July 1, 1998) In the Matter of Tiie Revenue Adjustment Proceeding (RAP) Application 98-07-006 application of San Diego Gas and Electric Company (U 902-E) for approval of 1 ) Consolidated changes in 1999 authorized revenue (Filed July 1, 1998) and revised rate components; 2) the CTC rate component and associated headroom calculations; 3) RGTCOMA balances; 4) PX credit computations; 5) disposition of various balancing/memorandum accounts; and 6) electric revenue allocation and rate design changes. Application of Southern California EdisOn Company (U 338-E) to: Application 98-07-026 1) consolidate authorized rates and revenue requirements; 2) verify residual competition transition charge revenues; 3) review (Filed July 1, 1998; Petition for and dispose of amounts in various balancing and memorandum Modification filed January 25, 2001) accounts; 4) verify regulatory balances transferred to the transition cost balancing account on January 1, 1998; and 5) propose rate recovery for Santa Catalina Island diesel fuel costs. · INTERIM OPINION SUSPENDING DIRECT ACCESS 1. Summary This decision suspends the right to enter into direct access contracts or agreements after September 20, 2001. This order is effective today. http://WWW, cpuc. ca. gov/published/final_decision/9812.htm 9/24/200 t ~D0109060 Interim Opinion Suspending Direct Access Page 1 of 1 California Home CPUC Home Monday, September 24,.2001 '2.' Background In California's restructured electricity market, customers may subscribe to "bundled service" from the utility distribution company or "direct access" service from an electric service provider (ESP). Customers who purchase bundled service from the utility pay an energy charge to cover the utility's power supply costs. For these bundled service customers, the customer's total bundled bill includes charges for all utility services, including distribution and transmission as well as energy; A direct access customer receives distribution and transmission service from the utility, but purchases its electric energy from its ESP. A utility's bundled customer can choose to become a direct access customer and later revert to'bundled customer statusl The utility is the electricity Provider of last resort. The ability to leave the utility system and return may cause substantial fluctuations in the amount of energy the utility must purchase (or has purchased) on its behalf. Recent events in the California electric market have caused a radical change in the area of direct access. First, the Governor's Proclamation of January 17, 2001, found that an emergency exists in the electricity market in California threatening "the solvency of California's major public utilities ..... "Second, on February 1, 2001, Assembly Bill No. I from the First Extraordinary Session (Ch. 4, First Extraordinary Session 2001) (AB 1X)was signed into law which, among other things, requires that the Department-of Water Resources (DWR) procure electricity on behalf of the customers of the California utilities. In 'regard to direct access, AB 1X adds Section 80110 to the Water Code: "After the passage or such period of time after the effective date of this section as shall be determined by the commission, the right of retail end use customers pursuant to Article 6 (commencing'with Section 360) of Chapter 2.3 of Part I of Division I of the Public Utilities Code to acquire service from other providers shall be suspended until the department [the Department of Water Resources] no longer supplies power hereunder." The section was effective February 1, 2001. AB 1X, Section 7 states: "This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are: In order to address the rapid, unforeseen shortage of electric power and energy available in the state and rapid and substantial increases in wholesale energy costs and retail energy rates, that endanger the health, welfare, and safety of the people of .this state, it is necessary for this act to take effect immediately." http ://www.cpuc. ca. gov/published/final_decision/9812-01 .htm 9/24/2001 ~"D0109060 Interim Opinion Suspending Direct Access Page 1 of 1 California Home CPUC Home Monday, September 24, 2001 3. DiscusSion The Legislature has directed this Commission to suspend the right of retail end-use customers to acquire direct access service until DWR no longer procures power for the retail end-users. The legislative direction is clear. The suspension of the right to acquire direct access service should apply to Southern California Edison Company (SCE), Pacific Gas and Electric Company (PG&E), and San Diego Gas & Electric Company (SDG&E). Currently, the State of California through the DWR is purchasing electric energy on behalf of the utilities' existing ratepayers (except those purchasing electric energy from ESPs) with funds from the State's General Fund and an interim loan. To repay the General Fund and continue the power purchase program, state agencies are preparing to issue DWR Power Supply Revenue Bonds. We have been informed by the State Treasurer's Office, the Department of Finance, the DWR, and members of the financing team for the DWR Power Purchase Revenue Bonds that "to sell the bonds with the investment grade ratings required by law, it will be necessary to control the conditions under which ratepayers (generally large users, such as industrial customers) 'exit the system'." (See Appendix A, emphasis added.) We agree that suspending the right to acquire direct access service will assist the Administration and the State Treasurer in proceeding with the bond transaction that they are currently undertaking. Suspending the right to acquire direct access service will assist in issuing these bonds at investment grade, by providing DWR with a stable customer base from which to recover its costs. Furthermqre, we note that the suspension of the ability to acquire direct access service will provide DWR with a stable customer base from which to recover the cost of the power it has pumhased and continues to purchase. The statute gives the Commission some discretion as towhen the right to acquire direct access service should be suspended. However, the Commission is statutorily required to suspend that right. Moreover, as noted above, suspending the right to acquire direct access service will help ensure the recovery of DWR's costs and, thus, successful issuance of the bonds as currently contemplated by the Administration and the State Treasurer. DWR has been purchasing power since January 2001, and the Administration and the State Treasurer are proceeding apace.with the bond transaction. http://www.cpuc.ca.g0v/published/final_decision/9812-02.htm 9/24/2001 'D0109060 Interim Opinion Suspending Direct Access Page 1 of 3 California Home CPUC Home Monday, September 24, 2001 4. Comments on the Draft Decision A draft decision was mailed for comment on June 15, 2001. At that time, the draft decision included a proposed resolution of SCE's Petition for Modification in which it requests authorization to temporarily suspend payment of. the Power Exchange (PX) credit to ESPs, as well as our implementation of AB 1X. At this time, we will not . resolve issues regarding payment of PX credits raised in the comments and by SCE's petition~* However, it is imperative that we now address the direct access issue. We therefore bifurcate this proceeding and will address SCE's petition in the next phase. The need to implement*the Legislature's directive is underscored by recent events. In May of this year, we enacted a dramatic rate increase for PG&E and SCE, affecting customers in all classes. The utilities have issued bills reflecting these new rates. In addition, we take official notice of DWR's recent report on the nature of its contractual commitments, suggesting that bundled electric customers will face high energy costs over the next few years. At the same .time, increased conservation efforts and new generation, coupled with the Federal Energy Regulatory Commission's recent action to expand wholesale price mitigation across the Western region, offer some hope that average electric spot market prices will be lower over the next year than they were during the last. Under these circumstances, customers might be tempted to switch from utility bundled service to electric service providers in order to avoid some of the impact of higher rates and take advantage of lower spot market prices. It is not in the public interest to permit such behavior. All ratepayers benefit from the State's actions to ensure reliable electricity service and, therefore, all ratepayers should contribute to the effort to pay down the unprecedented debt incurred by the State to help weather the energy crisis. A revised draft decision was mailed for further comment on August 27, 2001 ? In the cover letter attached to the August 27 draft decision, the Chief Administrative Law Judge asked parties to comment on (1) whether AB 1X suspends the entire direct access program, including all transactions under the program, (2) how the Commission can comply with AB 1X if it exempts written contracts for direct access executed before July 1, 2001 from the suspension, and (3) whether July 1, 2001 is an appropriate date for the suspension. In their responses to the Chief ALJ's first and second questions, many parties refer to Section 80110 of AB 1X where it states that, "...the right of retail end use customers ... to acquire service from other providers shall be suspended ... "(Emphasis added.) They believe that "to acquire," indicates that suspension applies to prospective, new direct access service and is not intended to suspend the entire program. Parties also question ' the legality of prohibiting current direct access customers from renewing existing contracts and agreements. In 'this decision, we only order the suspension .of direct access as of the effective date of this decision and we reserve for a future .decision .how, if at all, we should effect contracts executed or agreements entered into before the effective date of this decision. The Chief ALJ's third question raises concerns by numerous parties regarding suspension of direct access effective July 1, 2001. In particular, some parties have questioned the legality of retroactive suspension. However, if we were to wait until we fully analyzed all comments before issuing a decision on any aspect of the suspension of direct access, we would likely be faced with the argument that suspension should be deferred until the date of this later decision. Some parties also have questioned the need to suspend direct' access at this time. They argue that the threat of rolling blackouts has become remote, the wholesale price of electricity has decreased significantly, and, therefore, an emergency no longer exists. We disagree. While we have seen relief with respect to certain conditions, we cannot at this time declare that .the risks to California electricity consumers have been eliminated, nor can we be lulled into a sense of complacency. As discussed above, repayment of the State's General Fund will be .accomplished through the issuance of DWR Power Supply Revenue bonds at investment grade. A stable customer base is required to ensure a continuous revenue stream to repay the revenue bonds. Furthermore, as http ://www. cpuc.ca.gov/published/final._decision/98'12-O3.htm 9/24/2001 D0109060 Interim Opinion Suspending Direct Access Page 2 of 3 explained above, now is the time to prevent customers from switching from utility bundled service to electric service providers in order to shift to others some of the impact of higher rates. Given these considerations, it would not be in the public interest for the Commission to delay action to suspend direct access service beyond this time. Accordingly, we issue this interim order in which we suspend the right to enter into new contracts or agreements for direct access effective today. This decision prohibits the execution of any new contracts for direct access serviCe, or the entering into, or verification of, any new arrangements for direct access service pursuant to Public Utilities Code Sections 366 or 366.5, after the effective date of this order,~ All other pending issues concerning direct access contracts or agreements executed before today remains under consideration by the Commission and will be resolved in a subsequent decision. In other words, effective today, no new contracts or agreements for direct access service may be signed; the effect to be given to contracts executed or agreements entered into before the effective date of this order, including renewals of such contracts or agreements, will be addressed in a subsequent decision. We put all those concerned about these matters on notice that we may modify this order to. include the suspension of all direct access contracts executed or agreements entered into on or after July 1, 2001. Parties' comments regarding retroactive suspension, including the July 1,2001 date, will be addressed by a subsequent decision. We direct on the utilities :not to accept any direct access service requests (DASRs) for any contracts executed or agreements entered into after the 'effective date of this decision. Steps that the utilities might take to ensure com'p!iance with this order may include obtaining from each energy service provider a list of relevant identifying information for those customers that have entered into timely contracts, but for whom DASRs have not been submitted. We direct the utilities to revise any information disSeminated to customers that describes direct access to explain tl~at.direct access service:has been suspended. The utilities should submit these revisions to the Public Advisor's office and the Energy Division for review. Within 14 days of the effective date of this decision, each utility should inform the Director of the Energy Division of the steps it has taken to comply with this order. Several groups filed petitions to intervene in order to file comments submitted with their petitions. Because we believe no party will be prejudiced, we grant these petitions to intervene. AReM/WPTF's emergency motion to file supplemental comments is granted. ACWA and AReM/WPTF filed motions on September 18, 2001 to postpone the Commission's consideration of the suspension of the right to acquire direct access service. They believe that new information from the State Treasurer and the California Senate's Concurrent Resolution No. 46 indicate that there.is no need to suspend direct access at -this time. Again, we are concerned that delaying the suspension of .direct access service would allow customers who switch to direct access to shift the burden of higher rates to customers who continue to receive utility. bundled service. Therefore, we deny the motions of ACWA and AReM/WPTF. 7. Parties who filed comments on the June 15 draft order are: AES NewEnergy, Inc., Alliance for Retail :Markets (AReM) and Western Power Trading Forum (WPTF), Association of Bay Area Governments Publicly Owned Energy Resources (ABAG), Association of California Water Agencies (ACWA), California Industrial Users, California Large Energy Consumers Association (CLECA), California Manufacturers & Technology Association, Federal Executive Agencies (FEA), Green Mountain Energy Company, PG&E, SDG&E, San Francisco Bay Area Rapid Transit-District, SCE, The Utility Reform Network (TURN) and the University of California and California State University. The California Retailers Association, Calpine Corporation, Golden State Power Cooperative and New West Energy Corporation, Inc. filed petitions to intervene and provided comments on the draft decision and alternate draft decision. The Kroger Co. filed a motion for leave to file comments on the draft decision and alternate draft decision. Kroger is not a party to this proceeding. On August 14, AReM and WPTF's filed an emergency motion to file supplemental reply comments concerning the implementation of an interim direct access continuation program. The City of Cerritos filed a petition to intervene and a response to AReM/WPTF's August 14th supplemental comments. The County of Los Angeles filed a response to the AReM/WPTF supplemental comments. ~ Comments were received on the draft decision mailed on August 27, 2001 from the following parties: AES NewEnergy, AReM and WPTF, ACWA, the California Farm Bureau Federation, the California Industrial Users and California Large Energy Consumers Association, the California Manufacturers & Technology Association, the California Retailers Association, the City of Cerritos, FEA, Golden State Power Cooperative, New West, The Newark Group, Inc., The Office of Ratepayer Advocates, PG&E, SDG&E, Sempra Energy Solutions, Sierra Pacific Industries,'SCE, Strategic Energy L.L.C., The University of California and California State University and TURN. The California Department of Water Resources and AMDAX.com also http ://www.cpuc.ca. gov/published/final_decision/9812-o3.htm 9/24/2001 'D0109060 Interim Opinion Suspending Direct Access Page 3 of 3 submitted comments. Neither are parties to this proceeding. Commonwealth Energy Corporation, the City of San Marcos and the County Sanitation Districts of Los Angeles'County each filed petitions to intervene in this proceeding. They also filed comments on the August 27 draft decision. ~ All references in this order regarding the "suspension of the right to acquire direct access service" include the execution of any new contracts, agreements and arrangements for direct access service, or the verification of such contracts, agreements or arrangements pursuant to Public Utilities Code Sections 366 or 366.5. http://www, cpuc.ca, go;~/published/fmal_decision/9812-03 .htm 9/24/2001 ~D0109060 Interim Opinion Suspending Direct Access Page 1 of 3 California Home CPUC Home Monday. September 24, 2001 Rehearing and Judicial Review This decision construes, applies, implements, and interprets the provisions of AB1X. Therefore, Public Utilities Code section 1731 (c) (applications for rehearing are due within 10 days after the date of issuance of the order or decision) and Public Utilities Code Section 1768 (procedures for judicial review) are applicable. (See Stats. 2001- 2001, First 'Extraordinary Session, Ch. 9.) Findings of Fact 1. An .emergency exists in the electricity market .in California. 2. Pursuant to Water Code § 80110, this 'Commission must determine when the right of retail end use customers to acquire service from other providers shall be suspended. Conclusions of Law 1. The determinations we make today should apply to PG&E, SDG&E and SCE. 2. Pursuant to Water Code Section 80110, the right to acquire direct access service should be suspended as of the date of this order. · 3. The execution of any new contracts for direct access service, or the entering into. or verification of, any new arrangements for direct access service Pursuant to Public Utilities Code Sections 366 or 366.5, after the effective date of this order, is prohibited. 4. The effect to be given to contracts executed, agreements entered into or arrangements made for direct access service before today, including renewals of such contracts, as well as comments of the parties will be addressed in a subsequent decision. 5. We specifically reserve the right to modify this order to include the suspension of all direct access contracts executed, agreements entered into or arrangements made on or after July 1, 2001. 6. The'utilities should modify any information disseminated to customers that describes direct access service to explain that.the right to acquire direct access service has been suspended. Revision. s are subject to revie, w by the Public Advisor's Office and Energy Division. 7. The utilities should not accept any DASRs for any contracts executed or agreements entered into after the effective date of this decision. 8. Within 14 days of the date of this order, each utility, by letter, should inform the Director of the Energy Division of the steps it has taken to ensure that no direct access service requests are accepted for any contracts executed or agreements entered into after the effective date of this decision. 9. This order should be effective today so that our order may be implemented expeditiously. 10. Since no party will be prejudiced, all petitions to intervene and all motions to file late filed and supplemental comments that have been explicitly noted by this order should be granted. 11. ACWA's and AReM/WPTF's motions to postpone consideration of the suspension of the right to acquire direct access service are denied because a delay of the suspension would allow customers who switch to direct access to shift higher rates to customers who continue to receive utility bundled service. http://wWW, cpuc.ca.gov/published/final_decision/9812-04.htm 9/24/2001 '~D0109060 Interim Opinion Suspending Direct Access Page 2 of 3 INTERIM ORDER IT IS ORDERED that: 1. This order shall apply to Sot~thern California Edison Company (SCE). Pacific Gas and Electric Company (PG&E) and San Diego Gas & Electric Company (SDG&E). 2. All petitions to intervene and all motions to file late filed and supplemental comments are granted. 3. The motions of ACWA and AReM/WPTF to postpone consideration of the suspension' of the right to acquire direct access service are denied. 4. The execution of any new contracts, or the entering into, or the verification of any new arrangements for direct access service pursuant to Public Utilities Code Sections 366 or 366.5, after September 20, 2001, is prohibited. 5. PG&E, SDG&E and SCE shall notify their customers that the right of retail end users to acquire direct access service from other providers, except the Department of Water Resources, is suspended effective as September 20, 2001. 6. PG&E, SDG&E and SCE shall modify any information disseminated to customers that describes direct access service, subject to review .by the Public Advisor's office and Energy Division, to explain that the right to acquire direct access service has been suspended. 7. PG&E, SCE and SDG&E shall not accept any direct access service requests for any contracts executed or agreements entered into after September 20, 2001. 8. Within 14 days of the effective dateof this order, PG&E, SDG&E and SCE, byletter, shall inform the Director of the Energy Division of the steps they have taken to ensure that no direct access service requests are accepted for any contracts executed or agreements entered into after September 20, 2001. 9. This phase of the proceeding remains open for further consideration of comments of the parties, including the effect to be given to contracts executed or agreements entered into before the effective date of this order, as well as renewals of any contracts or agreements. This order is effective today. Dated September 20, 2001, at San Francisco, California. LORE'Ira M. LYNCH President CARL W. WOOD GEOFFREY Fo BROWN Commissioners I will file dissent. /s/HENRY M. DUQUE COmmissioner http://www. CPuc.ca.gov/published/final_decision/9812-04.htm 9/24/2001 09060 Interim Opinion Suspending Direct Access Page 3 of 3 I will file a dissent. /s/RICHARD A. BILAS Commissioner Commissioners :Henry M. Duque and'Richard A. Bilas, dissenting: One could say that this order is consistent with the Administration's present third world country mentality. We are punishing the very consumers and providers who made a commitment to ensuring electric .restructuring did work by adding a demand retail component to cure the dysfunctions in the wholesale market. We are not convinced that the.Department of Water Resources (DWR) bond ratings depend on killing direct access. This notion is a scare tactic and a smoke screen. Direct access comprises such a small percentage of overall demand that it cannot reasonably be seen to be a threat to the sale of the bonds. Direct Access should be seen as a benefit to DWR. It would decrease the amount of the utilities net short obligations and relieve DWR from its power purchasing responsibilities sooner. Something else is going on here. We think-that the DWRdoes not want direct access because if the public is presented with alternatives, it will make DWR's purchasing mistakes abundantly clear. The Commission should be holding hearings to test the assertions being made by DWR, Finance and the Treasurer. Instead, the Commission is making anill informed, panicked decision to act now and study the repercussions later. DWR and the bonds should not be threatened by direct access if DWR is making prudent energy purchases. Only if DWR's contracts are too expensive, relative to market, will customers 'seek shelter in lower direct access prices..Indeed, retaining direct access as a way to send .price signals to consumers may be the only way to place, pressure on DWR to make more prudent purchases. This is a very important · consideration since AB 1X prevents us from engaging in any.prudency review of the DWR costs to be passed through to ratepayers in order to repay the bonds. If there is no yardstick, how can anyone measure DWR performance? The answer is, one can't, unless SB 18xx is signed into law. We think that-additional review of these issues, before suspending direct access, would have produced a more sound decision in the long run. For these reasons we must respectfully dissent. /sLHENRY M. DUQUE/s/RICHARD A. BILAS Henry M. Duque Richard A. Bilas Commissioner Commissioner September 20, 2001 http://www, cpuc.ca, gov/published/final_decision/9812-04.htm 9/24/2001 COUNCIL MEMBERS CITY HALL Arthur B. Armendariz 1 01 5 ELEVENTH AVENUE MAYOR POST OFFICE BOX 939 Don Callahan MAYOR PRO TEM DELANO, CALIFORNIA 93216 Gilbert Flores (661) 721-3300 (661) 721-3317 TDD (661) 721-3312 Fax (City Manager) (661) 721-3314 Fax (Finance) Anthony Martinez www.ci.delano.ca.us Adela P. Gonzalez ~$EP 2 8 2001, i September 18, 200] L'~TY MANAGE[~'F ~'~ ~ciCEt TO: Members of the South Sa~ Joaquin Valley Division of the FROM: Anthony Martinez, Incoming 2002 Division President SUBJECT: The League's 2002 Policy Committees As the Division's incoming President of the SSJV Division of the League of California Cities,.I v~ould 'like to encourage you to participate by joining one of the League's eight policy committees. It is time to appoint two representatives for each of the committees. These representatives play an integral role by providing subject matter expertise and by providing information on committee activities back to the divisions. Those appointed are asked to attend at least 3 of 4 meetings during the year. Members usually serve for one year, with the possibility of reappointment. Enclosed you will find the responsibilities list for the different committees. Those interested in-serving may- contact-Claudia Zermeno, at_(66,1) 721-3_300 Ext.208_ or ............. send name and address to City ofDelano, Attn: Claudia Zermeno, P.O. Box 939, Delano, CA 93216. I look forward to hearing from you. · ncerely, ' -' ...: . · ' Anthony,Martinez "': .: ~:. , ~..... ~., Council.man, City of Delano .. ' ' Council & City Human Finance/ Finance Econ. Dev./ Building Engineering Recreation Public Waste CityClerk Manager Resources Admin. Water Police CCF Planning Dept. Dept. Parks Works Airport Treat. Plant Transit 721-3303 721-3303 721-3305 721-3310 721-3315 721-3377 721-3270 721-3340 721-3360 721-3380 721-3335 721-3350 721-3338 721-3352 721-3333 LEAGUE OF CALIFORNIA CITIES POLICY COMMITTEES Subject Area Responsibilities Administrative Services This committee is concerned with administrative activities including election law and administration, insurance, tort reform. The committee's scope of activities also includes efficiency and internal organizational structure and administration, the Fair Political Practices Act, the Brown Act, Public Records and tobacco control. Community Services ._. This committee is concerned with the administration of parks and recreation programs, human services and cultural activities, libraries and the planning and coordination of human services. ..... Employee Relations This committee is concerned with the many facets of personnel administration, including employee relations, retirement and workers' compensation issues. Environmental Quality This committee is concerned with all aspects of air, the supply and distribution of domestic water, solid waste, hazardous materials, coastal issues, noise pollution, and CEQA. In addition, the committee is concerned with the issues related to energy and utilities. Housinq, Community and Economic Development This committee is concerned with building regulations and code enforcement, community development, urban renewal, housing,' planning, zoning, incorporation; annexation and redevelopment. Public Safety This committee is concerned with fire protection, law enforcement, disaster preparedness an;d ........ _commu .nications .......... - ..... ReVenue and Taxation This committee is concerned with finance administration, taxation reform, revenue needs and revenue sources at the federal, state and local levels. Transportation, Communications and Public' Works This committee is concerned with all aspects of public works and trans 3ortation including air, bus, automobile, mass transit and telecommunications. legisltv\policy\Pcrespon ' City o( BakerS~eJd ~it7 of Bakersfield · · ' Domestic Wa[er Di~slon ~ Domestic V/at~ Ashe, ~airhnven, and ~verlak~ ~nch Se~ce ~eas ~be, Falrhnvcn, and ~verlak~ Ranch S~ce NOTICE TO CUSTO~RS s~o~, o, ~ s~ o~ ; I0~/2001 ~: - 10/1/2001 Qu~ ~: E~ ~ Qu~ ~: W~ Water rates for the Ci~ of Bakersfield are ~ ~.o~ ~. ~=~ ~s r~t ~0O.000 cu. ~./~on~ established annually pursuant to Chapter ~r mo =u. ~on~) so,~ ~r ~,~ ~o.~) s o.s2' 2:.18 of Ihe Bakemfield Municipal' Code to ~o,,3~.~ ,/=o., ~ o,.,3~.ooo :~. enable the city to fully recover the cost of~ ~ ~ ~ae.,) s o.~o ~ too ~.. ~=o,,) Mon~ Se~ce Money ~icc providing water se~ces, Due to increased ~rge: ~ge: costs in labor, maintenance and electric[~ ~8"x3/4' S~e S9.07 ~'x3/4" Sg~¢¢ S6.90 needed to operate t system, rates will .~-~" ~=, s=o.~s ~-~/z- s,.~.= s ~.o] 2' 8e~m S 28.63 2' Se~ce S 2 'ncrease 4% on October 1, 2001. This 3' ~e s~za? r, s~e s40.33 m ~ec 4. s..,~, ,~ ,. ~. adjust ent a ~ the quanti~ rate only; the ~' s~=, s-13~.oo ~" s,.~.., s ~o~n~ .~onth[y sewi~ charge~fl not change, The ~o- ~,~ s~s~.so ~0- sm~ ;ncrease equates to ~er ~onth for the average residen~al customer ~.~o. S~cz ~r:. P.o~oa sza.~ ~cz: -' I-I~' Cm~ S8.15 1-]12' .CoMec~an S6~0 3" Cochlea S 16,~ 3~ C~ this increase wilt be reflexed pa~latly or in 4. c~.u. s~.s0 4. co~,~o. ts entirely on your current bill. The new s- co~,a,, s4].~o 8. co~,:~o, s33.~ 10" . Co~c~oa S ~4.25 t0" Co~don $ 42.~ Schedule of Rates is shown on thereverse 12. co=~a s 65.~5 ~2~ · .co~ffi~ $ 50,40 ~ide of this noace a~plie~ lo all ~k~ ~d ~y ~ot~ ~ i~ a ~di~o~ ~ ~o aU ~ms ~d a~X q~a~ erw~r ~e~ is ~ a&&itional SEP 2 5 2001 BAKERSFIELD ............. Economic and Community Development Department MEMORANDUM September 24, 2001 TO: Alan Tandy, City Manag~)~¢¢-'~ FROM: Donna Kunz, Economic Development Director SUBJECT: STEP 2 COMPANY EMPLOYMENT STATUS - YEAR 2 Agreement No. #98-190 (executed 8/12/98) between the City of Bakersfield and Step 2 Company, provided a $137,200 forgivable loan for equipment to increase production of the company. Twenty percent of the loan would be forgiven for each year Step 2 Company met all terms and conditions of the agreement. The employment terms required, - the company would create 25 jobs in Year 2 - of those workers hired in the first year, at least 51% must be Iow- and moderate income individuals. The company has submitted the required second year employment reports for their operations. The company hired 67 persons, and 89% of the hires met Iow- and moderate-income standards required by the agreement. Therefore, Step 2 has met the terms and conditions required in the agreement and qualifies to have 20%, or $27,440 of the loan amount forgiven for the second year of the agreement. With your approval, we will send a letter reflecting the ministerial action of the 20% debt forgiveness. P:\CLIENTS\KEDC\Step 2\forgive 20% Year 2 memo.wpd , SEP 2 7 tO01 ' BAKERSFIELD ' Economic and Community Development Department .ME M O RAND UM September 27, 2001 . TO: Alan Tandy, City Manager FROM: Donna L. Kunz, Economic DevelOpment Director SUBJECT: Church's Chicken Grand Opening Church's Chicken in planning a grand opening for its first Bakersfield location on Friday, November 2, fi.om 10AM - 2PM. The location is 1387 Brundage Lane (Brundage and "L" Street) and is within the Southeast Bakersfield Redevelopment Project Area. At this time, our office has not been advised of any grand opening ceremony. We understand that Tony Gwynn, the San Diego Padres ballplayer and owner of the franchise, will be attending the event. dl:S:XDonnaK\Church's grand opening.wpd BAKERSFIELD Economic and Community Development Department MEMORANDUM September 27, 2001 TO: Bakersfield City Council .~_ ~ ~ FROM: Donna L. Kunz, Economic Development Director SUBJECT: Southeast Project Area Committee support of Grocery Store at Union Avenue and California Avenue At the Southeast Project Area Committee meeting on September 13th, the SE PAC requested staff to inform the City Council of their support of the grocery store proposed for the corner of Union Avenue and California Avenue. The SE PAC also requested the City to mitigate, as much as possible, the traffic concerns of the residents around the proposed site. cc: /'Alan Tandy S:\REDVAREA~PAC Admins\SE PAC Memos\PAC support of grocery store.wpd DATE: September 26, 2001 TO: Ron Fraze, Chief, Bakersfield Fire Department FROM: Ralph E. Huey, Director of Prevention Services SUBJECT: The Monday Morning "Bakersfield Californian" Article on a Waste Site in the City The news article is about the former K&D Salvage Yard located at 600 S. Union the former Double D Recycling facility located at 340 Daniels Lane. Both of these facilities are located in the city and both are classified as super fund sights. The K&D Salvage site has been partially cleaned up by California Department of Toxic Substance Control (DTSC), and is adequately protected with fences. DTSC is performing additional soil.tests to determine the extent of the contamination. The former Double D Recycling facility located at 340 Daniels Lane has been turned over by DTSC to the U.S. EPA. That is the property with the hole cut in the fence, as seen in the newspaper. That site has not been cleaned up and the security fence has been compromised. After seeing the news article on Monday, we Contacted EPA and faxed them the news article. They did have an engineering crew here yesterday and repaired the fence. They have also elevated their priority on this site. Mr. Wedon, from EPA, states that he will bring a crew to Bakersfield within three weeks to erect a new and more secure fence as well as initiate the clean up of tires and junk on the property and begin the sampling to determine the extent of the contamination. This sight is one of 21 contaminated sights in the city as of our 6/30/01 Environmental Clean-Up Status Report (see attached). Double D Recycling is on the list and although it is not perceived to be the worst site on the list it is one of the most neglected. The Feds have simply dropped the ball on this site. We do not have the authority to oversee the clean up but we will keep after the EPA to keep the project moving and to keep the property secure. REH/db Enclosure cc: Kirk Blair, Deputy Fire Chief City of Bakersfield ~~ Required Environmental Clean-up Status as of 06/30/2001 ~ SecondQuarter 2001 Report Contact: Ralph E. Huey 'e-mail: rhuey~ci.bakersfield.ca.us Phone: (661) 326-3979 1715 Chester Av. Bakersfield, CA 93301 Hazardous Waste Corrective Actions: Ld Agency Site Name Location Environmental Status . BFD Proposed Costco Site 3660-3880 Rosedale Hwy Site preparation plans to include removal of · . abovegi'ound and underground storage tanks, , underground injection wells, septic systems, shallow water wells, sumps, clairifiers and floor drains. Removal and disposal proposed for impacted soils, sludges, and oily wastes. Trace amount of diesel and motor oil detected in groundwater at 120 ug/L (parts per billion). RWQCB PG&E Kern Steam Plant 2401 Coffee Rd. Phase II property site asmt. discovered oil & heavy metals in soil & groundwater. Max (Chrome VI in groundwater) Chrome VI at 13.ug/L & MTBE at 55,000 (MTBE in groundwater) ug/L where federal clean-up standards are 0.1 .ug/L for Chrome VI and 20 ug/L for MTBE. Cleanup est. to cost $7.5 million. Regional Water Quality Control Board requesting add'l water well and stratigraphy info. of PG&E. Proposal to reactivate the plant might involve 2,000,000 gal./day of groundwater to be pumped, possibly increasing infiltration of contaminants migrating from Sunland site. RWQCB Sunland Refinery 2150 Coffee Rd. Free product removal, air sparging & vapor extraction in progress. A total of 1,153,514 (MTBE in groundwater) lbs (211,654 gal) of petroleum have been (Benzene in groundwater) removed from the soil and groundwater to date. MTBE detected in water under the site up to 90,000 ug/L. Benzene at 16,000 ug/L. Contaminants have moved under PG&E site & deeper water sampling is being required by RWQCB. City's Water Agency well # CBK- 25-01, SW of Brimhall & Coffee, is not in service due to contamination in the area. RWQCB Equilon Refinery 6451 Rosedale Hwy Not in City, but within area of concern. (Not in City Limits) MTBE in groundwater resulting from several (MTBE in Groundwater) spill events at the refinery. Aquifer tests were performed in Oct. 2000 to assess water table and water movement in the area. RWQCB KL Aviation 2014 Union Ay. Pesticide contamination assessment still Former Garriot Crop Dusters continuing as an open case from previous practice of rinsing crop duster tanks into a former sump. Abandoned UST's i'emoved on 12/01/00. Gasoline detected in soil between former tank and dispenser locations. DTSC Gibson Oil Refinery End of Commercial St. Not in City, but within area of concern. (Not in City Limits) Corrective Action Branch Of the Permitting Program (Berkeley Office) is handling the clean-up oversight. All hazardous liquids & tanks have been removed. Soils still need to be stabilized and then removed. Tony Netera, DTSC, is case agent at (510) 540-3951. DTSC K&D Salvage 600 S. Union DTSC has removed solid wastes from K&D Double D Recycling 340 Daniels Ln. site, and is performing further assessment. Former Benham-Johnson (Sites are contiguous) Double D has shown high levels 0fDDT in soil, high levels of lead in scrap metal piles. Bldg. Dept. Code Enforcement is interested in removing remaining junk from Double D, but the property is a listed hazardous waste site and no work can be done w/o at least 24hr HAZWOPER trained contractors. USEPA Former Magna Site Pacheco Rd & Progress Rd EPA has transferred final stage of clean-up to (Owned by Southern DTSC for neutralization of low pH soils and Pacific-Union Pacific R/R) offsite disposal of petroleum impacted soils. An asphalt cap will be placed over the site. Underr~round Petroleum Stora~ ie Tank Release Corrective Actions: Ld Agency Site Name Location Status RWQCB Downtown Chevron 2317 L Street At least 400 gallons of gas leaked through a hole in an underground pipe before the leak (MTBE in groundwater) was confirmed. There is now detectable benzene (2400 ug/1), and MTBE (120,000 ug/l) in the shallow groundwater below the site. Soil vapor extraction has been ordered to begin. Case referred to RWQCB in June. RWQCB Mr. Fast Gas 600 Brundage Ln. Additional monitoring wells needed. Vapor extraction system and add'l monitoring wells (Gas in groundwater site) have been installed but not yet operating. Floating petroleum product on water table extends south under Brundage Ln. MTBE no longer detected. Leak may have occurred and was stopped before oxygenates like MTBE became mandatory in large concentrations. RWQCB Beacon Truck Stop 3225 Buck Owens Blvd. Vapor extraction started on Oct. 15, 1999 and 4,462 lbs (822 gal) removed to date. MTBE (cleaned-up completed) has not been detected in the groundwater during the past two quarters. Vapor extraction completed. Two add'l qtrs. of G/W monitoring required prior to case closure. RWQCB .Former Mobil Station ' 4456 California Av Max. MTBE of 16,000 ug/L in groundwater at 36' beolw surface. Monitoring well to be (MTBE groundwater site) installed on south side of California Ave. Groundwater pumping & vapor extraction pilot study approved for implementation. RWQCB 7-Eleven 525 W. Columbus Small pipe leak discovered & repaired, but shallow groundwater (15 ') impacted by (MTBE groundwater site) MTBE at max. concentration of 11 ug/L. Report of add'l asmt. due on June 18, 2001. RWQCB Car Wash of America 1701 Sfine Rd. Unreported release in 1997 has not yet been fully defined, but max. MTBE of 2.8 mg/kg (Suspected MTBE detected in soil at 85' below surface (that's groundwater site) deep for max. MTBE). A monitoring well and vapor extraction system to be installed. Extension granted until Aug. 22, 2001. RWQCB Apex Bulk Commodities 2111 Bficyn Ln. Diesel impacted soil & G/W ~ 17' BGS. MTBE detected in soil at 0.58 mg/kg. Soil (Benzene in groundwater) excavation & removal on 8/17/00. Benzene detected at 9 ug/L: No MTBE in water. RWQCB Holden Truck Stop 3775 Buck Owens Blvd Gasoline & diesel detected in groundwater. Property is in bankruptcy, but San Joaquin (Trace gasoline & diesel Bank, as lien holder, is providing removal of in groundwater, no .- underground tanks and site assessment work. MTBE) Installation of monitoring wells and further' soil asmt. now being required. BFD Elks Lodge 1414 E. California Av. Vapor extraction wells installed and operating continuously since August, 2000. MTBE not (MTBE not involved) involved since leak occurred in early 1980's. BFD St. Vincent De Paul 310 Baker St. Vapor extraction completed and confirmation sampling required for closure. A total of (No MTBE detected) 8,169 lbs or 1,276 gallons of gasoline has been removed through vapor extraction. KCEHSD KHSD Maint. Yard 3100 Chester Av. Over-excavation performed for remediation of Underground Injection Well. G/W (No MTBE Detected) monitoring now in progress. KCEHSD 7-Eleven 1701 Pacheco Rd. Vapor extraction, carbon canisters on site, G/W monitoring since 1988. Unknown (No MTBE Detected) current status. Request for closure was denied' by KCEH & 7-Eleven was asked to perform confirmation sampling & risk asmt prior to requesting closure. KCEHSD McKenny's Air Cond. 2323 R St. Vapor extraction and G/W monitoring in progress. (No MTBE Detected) C:\Documents and SettingsXatandy. BAKERSFlELDXLocal Settings\Temp~RON FRAZE MEMO rhUEY.wpd DEPARTMENT OF RECREATION AND PARKS DATE: September 24, 2001 TO: Alan Tandy, City Manager FROM: Stan Ford, Director ~ SUBJECT: Patriot's Park Amplified Sound #WF0019026 (Ward 2) Council Member Benham referred a request to this department regarding neighbors concern of amplified sound being played at Patriot's Park under the City's sound permit. Mr. and Mrs. Higginbotham's letter of excessive noise at Patriot's Park was responded to in a letter sent to them on September 12, 2001. Mr. Higginbotham explained that on September 9, 2001 a group placed their speakers within several feet of the easterly property line of the park. The Higginbotham's home is on the easterly property line. They asked the group to turn the volume down and they refused. Groups that are issued reservations and a sound permit at Patriot's Park are informed to place their speakers on the large concrete surface next to the large serving shelter and to face them to the west. It is approximately 75 yards from the east property line. This minimizes the noise impact on our neighbors to the east. Evidently, this information was not clearly communicated to the reserving group. Since that time we have internally implemented processes that should prevent further occurrenCes like this at Patriot's and other city parks with sound permits. S:\Council Referrals\WF0019026.wpd September 24, 2001 (11:47AM) City of Bakersfield *REPRINT* WORK REQUEST PAGE 1 RR~/JOB: WF0019026 / 001 PROJECT: REQUEST DATE: 9~19~01 PRINT DATE: 9/24/01 CREW: PRINT TIME: 9:39:00 SCHEDULE DATES LOCATION: START DATE: 9~19~01 COMP DATE: 9/27/01 GEN. LOC: LOC ID: REF NBR: REQ DEPT: CITY COUNCIL REFERRAL PRIORITY: HIGH REQUESTOR: COUNCILMEMBER BENHAM ORIGIN: CITY COUNCIL REFERRAL USER ID: DSULLIVAN AUTH: DSULLIVAN WORK TYPE: REFERRAL DESCRIPTION: PATRIOTS PARK REQUEST COMMENTS ***REFERRAL TO RECREATION AND PARKS*** BENHAM REFERRED TO STAFF A REQUEST FROM NEIGHBORS OF PATRIOTS PARK REGARDING RESTRICTING PERMITS FOR AMPLIFIED MUSIC AT THE CEMENT PLATFORM NEAR THE APARTMENTS, AND REQUESTED A RESPONSE BACK. Job Order Description: PATRIOTS PARK Catggory code . : RECREATION & PARKS RR&P Tas~ code: . . : RESPONSE TO REFERRAL RESP Facility ID . . : Assigned Department: RECREATION & PARKS B A K E R S F I E L D MEMORANDUM : i SEP 2 5 001 September 25, 2001 ~.. " TO: ALAN TANDY, CITY MANAGER FROM: JACK HARDIST~, DEVELOPMENT SERVICES DI SUBJECT: CODE ENFORCEMENT REVIEW Earlier this summer, Councilmember Carson brought several concerns to my attention. These included the large number of assessments for property cleanups in Ward 1, the consistent use of the same contractors to do the cleanups, complaints that properties had been cleaned by the owners but charged by contractors for cleanup. Number of Cases A review of cases from when second notices were issued during May and June, 2001 shows the following: Abatements for May - June 2001 Ward 1 Ward 2 Ward 3 Ward 4 Ward 5 Ward 6 Ward 7 County Total Abated/licensed 96 72 38 3 7 4 10 2 232 Abated by owner 103 50 17 4 6 6 15 I 202 Total 199 122 55 7 '~ 13 10 25 3 434 % Abated 48.24% 59.02% 69.09% 42.86% 53.86% 40.00% 40.00% 66.67% 53.46% % Abated by owner 51.76% 40.98% 30.91% 57.14% 46.15% 60.00% 60.00% 33.33% 46.54% % of Total 45.85% 28.11% 12.67% 1.61% 3.00% 2.30% 5.76% 0.69% 100.00% The numbers above do reflect a higher percentage of cases in Ward 1, yet over 50 percent of those property owners cleaned the property on their own. Alan Tandy September 25, 2001 Page 2 We receive more complaints from people concerned over blighting conditions in Wards I and 2. Consequently we have more responses in these areas. Most recently, I have observed fewer cases in Ward I due to reduction of Code Enforcement staff (transfer to building inspection and two extended sick leaves). This results in the need to focus attention on the more serious problems. A map is attached showing the distribution of cases. Contractors There are very few contractors who respond to our requests for bids. A review of contracts issued over the past several months shows the following: Code Enforcement Officer No. of Properties .Contractor Terry Buss 47 A-1 - 27 AAA- 20 Gary Fenstermaker 39 A-1 - 11 AAA - 28 Shane Denton 21 A-1 - 8 AAA- 13 David Paquette 13 A-1 - 2 AAA- 11 Wanda Neal 9 A-1 - 6 Global- 3 Totals A-1 - 54 AAA - '72 Global - 3 All work sheets for the bidding process are faxed to the contractors. The contractors then fax their bids to our office. Of these 129 cases, 87 received three bids, 41 received two bids and only one case had one bid. We have some contractors that do not respond to our requests for bids. This can be a problem with our process that takes around 30 days to get to this point. Alan Tandy September 25, 2001 Page 3 Three Bids Two Bids One Bid Terry Buss - 39 Terry Buss - 8 Gary Fenstermaker- 1 Gary Fenstermaker- 1'7 Gary Fenstermaker- 21. Shane Denton - 13 Shane Denton - 8 David Paquette - 10 David Paquette - 3 Wanda Neal- 8 Wanda Neal- 1 The majority of work is being performed by two contractors. The consistency is uniform across all of the officers. No irregularities were found in the processing of bids or contracts. Even though only three contractors have had contracts most recently, all contractors have been given a chance to bid. Some contractors only use us as fill in work when they are slow and they do not bid on all our work. Sixty nine percent of the most recent bids have been under $300. Since this review, Code Enforcement has been directed to made a concerted effort to expand its list of qualified contractors to bid on these projects. This will provide the most economical solution for the City as well as the property owners. Documentation of Work by Contractors From time to time there have been disputes by property owners that they cleaned their property before the contractor arrived or that the contractor didn't do the job, but they were charged for cleanups. Sometimes the files had pictures of before and after cleanup, but not always. To address this issue, contractors are now required to photograph the property immediately before and after the cleanups. These dated pictures must be submitted with the contractors' invoices and placed in the files. Extra Effort Councilmember Carson expressed a concern that many property owners might be elderly and not understand the notices and requirements. She has asked that we try to get the phone numbers of property owners so she can talk to them. When staff is able to find a phone number, it is sent with a copy of the second notice to Councilmember Carson. It has been and will continue to be a staff priority to help people deal with property maintenance problems. Management emphasizes that our objective is to achieve reasonable compliance with and understanding of our codes. JH:pah P:\buildingdept\code enforcement review.wpd B A K E R S F I E L D OFFICE OF THE CITY MANAGER MEMORANDUM September 27, 2001 TO: Honorable Mayor and City Council FROM: Alan Tandy, City Manager SUBJECT: Council Referral #WF0019031 / 001 USE OF STADIUM MONEY Councilmember Couch asked for a staff report on the subject of using the money allocated for the stadium for future Police/Fire stations. An attempt to respond follows: 1) The referral was made prior to the settlement of the baseball lease/sale issue. While it is still a relevant question, it does need to be noted that the City has a contract (DDA) which requires that we move forward if certain benchmarks are reached, so the facility replacement reserve money is legally committed for a while yet. 2) Without intending to be redundant, there were many tax and revenue based roasons for entering into the DDA and committing funding to that project: 16 blocks (38 acres) of redevelopment and the creation of several hundred jobs, improved tax base, improved community image and pride, improved ability to attract conventions, and an enhanced ability to recruit new industry and employers. It is the opinion of staff that our ability to fund future police and fire facilities is, in the long term, better by spending money on this project then if we do not. Please remember that the project, other than the approximate $3 million cash contribution, is revenue neutral because of the franchise contribution and new taxes from the private sector investment, so the proper comparison of available money is the $3 million, not the $17 million of the overall project. 3) Police Substations - Chief Matlock is working with a consultant on a long-term community plan. He hopes to have the plan and associated cost estimates by the end of October. Until then, we do not know even the parameters of the costs. We need that to devise a financial plan. Council Referral #WF0019031 September 27, 2001 Page 2 4) Fire Stations - For several years, we have ben putting money aside each budget year for future fire stations. We have $1.5 million for Station 15 and $250,000 for a future Northeast Station. This annual set aside procedure is working very well. We may have a cost overrun on Station 15; but with value engineering, help from the Chief and a review of potential savings from other projects, we intend to deal with it. The Northeast station is probably years off, depending on growth patterns, and the current method should fund it by then. Summary Fire Station costs are being provided for. We need a plan and cost identification for Police substations. When we have that, we can devise appropriate financial plans. Alternates could include shifting of other capital priorities, federal and state grants, asset forfeiture monies, annual set asides (like the fire stations), rebates from monies committed to the Meadows Field Airport terminal, which are not needed due to increased grants from the Federal Aviation Administration, or even a certificate of participation issue. The bottom line is we will fund appropriate and necessary public safety facility ~eeds, and can do so without using the money allocated for the stadium. cc: Chief Matlock Chief Fraze DEPARTMENT OF RECREATION AND PARKS DATE: September 25, 2001 TO: Alan Tandy, City Manager FROM: Stan Ford, Director ~ SUBJECT: Referral Subject #WF0019023 (Ward 3) Response to Mr. Bill Luehe's letter regarding the creation of a "Off-Highway Vehicle Park" (OHV) in the Bakersfield area. Council Member Maggard has been working very diligently with the residents and recreational users of the northeast area in developing future plans that will meet the needs of all City residents. He will be bringing more information on the Off-Highway Vehicle Park to Council in the near future. S:\Council Referrals\wf0019023.wpd September 25, 2001 (3:48PM) BAKERSFIELD BAKERSFIELD FIRE DEPARTMENT TO: ALAN TANDY, CITY MANAGE~R,. FROM: RON FRAZE, FIRE CHIEF~'~'"~× DATE: September 27, 2001 SUBJECT: FIRE STATION 15 Council Referral No. WF0019032 / 001 (Ward 4) Councilmember Couch requested Fire Chief Fraze provide a memorandum responding to the following questions regarding Workshop Item 2.c. Fire Station Space Needs: What happened to the community room? What is the need for the extra bay? What are some of the reasons for the cost increases? 1. What happened to the community room? The community room has been eliminated from the design of Station 15 as the Bakersfield Police Department is not building their sub station in the same time frame. The idea of a community room was originally conceived when both Fire and Police were planning to build a joint facility. The community room was to allow citizens in the area to conduct Neighborhood Watch meetings, association meetings, and other community meetings. Another use for the community room would be an alternate EOC (Emergency Operations Center). As mentioned in my Council presentation, both our EOC's are located in a three-block radius and could be rendered useless in the event of a large-scale incident downtown. I believe the community room concept as an alternate EOC is a very viable concept. 2. What is the need for the extra bay? The need for the extra bay is to house a reserve vehicle or other large firefighting equipment. In the past, we designed fire stations to meet the current needs of the area with no regard to future needs. In order to meet current and future vehicle storage needs, the issue of additional bays needs to be addressed. September 27, 2001 Page 2 3. What are some of the reasons for the cost increase? There have been changes in the Building and Life Safety Codes that have substantially increased the cost of building a public safety facility. When building a new Fire Station, there are many outside influences that affect costs we have little or no control over, such as, the cost of materials and prevailing wage. One of the major reasons of increased cost is the new earthquake standard. Another is the need for using durable materials to withstand the long-term use of a building that is occupied 24 hours a day, 7 days a week. RF/kec p:\memos\Fraze\Council Referral Station 15 BAKERSFIELD q SEP 25 2001 PUBLIC WORKS DEPARTMENT MEMORANDUM ............ TO: ALAN TANDY, CiTY MANAGER FROM: RAUL M. ROJAS, PUBLIC WORKS DIRECTOR/~_~..~ DATE: September 21, 2001 SUBJECT: TRAFFIC @ ASHE & STOCKDALE Council Referral # WF0019029 / 001 (Ward 3) n COUncilmember Maggard requested staff review the issue of traffic delays at the I tersection of Ashe Road & Stockdale Highway due to work crews in the area, I uggested the possibility of having traffic directed to monitor traffic flow. The traffic signal at Stockdale Highway and Ashe Road has been relocated as part of the Resurfacing/Interconnect Various Streets 1999-2000, Phase 2 project being done by Griffith Construction Co. On Wednesday, September 18, the transfer from the old signal to the new signal was made requiring the shut down of the old signal and the energizing of the new one. The safest way this is accomplished is by puffing the signal on "flash" (four- way stop). Although the signal was on flash for approximately an hour on Wednesday to make the switch-over, the impact to traffic was extensive. The switch-over was a one day occurrence and the new signal is now operational and functioning properly. Please note that lane closures on Stockdale Hwy. westbound between 7:30 am - 4:30 pm and eastbound between 8:30 am - 5:30 pm will still be required until this section of the project is completed in early October. ~ ~S5GROUPDAT~Referrals\CC~ Mtg 9-19-01\WF0019029 - Const.wpd S~Y OF PROCEEDiNgS BOARD OF BUPERYZSORS - COUgl'Y OF 1115 Truxtun Avenue Bakersfield, California Regular Meeting Tuesday, September 25, 2001 9:00 A.M. BOARD RECONVENED Supervisors: McQuiston, Perez, Patrick, Peterson, Parra ROLL CALL: 4 Present; I Absent: Supervisor Perez NOTE: SUPERVISOR PEREZ IS PARTICIPATING IN CONTINUING EDUCATION AND WILL BE ABSENT FROM TODAY'S MEETING SALUTE TO FLAG - Led by Supervisor Peterson NOTE: Mc, Pz, Pa, Pe, Pr are abbreviations for Supervisors McQuiston, Perez, Patrick, Peterson, and Parra, respectively. For example, Pa-Pe denotes Supervisor Patrick made the motion and Supervisor Peterson seconded it. The abbreviation (Ab) means absent, and (Abd) abstained. CONSENT AGENDA/OPPORTUNITY FOR PUBLIC COMMENT: ALL ITEMS LISTED WITH AN ASTERISK (*) OR A NUMBER SI~N (#) WERE CONSIDERED TO BE ROUTINE AND APPROVED BY ONE MOTION. BOARD ACTION SHOWN IN CAPS ~ESOLUTIONS/PROCLAMATIONS peuPr *1) Resolution honoring and commending Richard McCathron upon .4 Ayes his retirement from the County of Kern after 31 years of 1 Ab/Pz service - ADOPTED RESOLUTION; REFERRED TO BOARD OF TRADE FOR pP, EPARATION Pe-Pr *2) Appointment of Teresa Birdsong, replacing Leonard 4 Ayes Plunkett, as an at-large member to the Westside I Ab/Pz Recreation and Park District, term to expire January 26, 2002 - MADE APPO~ Summary of Proceedings Page 2 Board of Supervisors Regular Meeting 09/25/2001 ~UBLICPRESENTATIONS 3) This portion of the meeting is reserved for persons to .address the Board on any matter not on this agenda but under the jurisdiction of the Board. Board members may respond briefly to statements made or questions posed. They may ask a question for clarification, make a referral to staff for factual information or request staff to report back to the Board at a later meeting. Also,. the Board may take action to direct the staff to place a matter of business on a future agenda. SPEAKERS ARE LIMITED TO TWO MINUTES. PLEASE STATE YOUR NAME BEFORE MAKING YOUR PRESENTATION. THANK YOU! - ONKAR SINGH THAPAR, ALL INDIA GENERAL SECRETARY OF THE SHIROMANIAKALI.POLITICALPARTYFROMTHESTATE OF'PUNJAB~ ADDRESSED THEBOARDTOEXPRESS THE SOLID SUPPORT OF INDIA BEHIND THE UNITED STATES IN ITS WAR ON TERRORISM. MR. THAPARISVISITINGTH~SIKHCOMMUNITY IN THE SOUTHERN SAN JOAQUIN VALLEY TO COMMUNICATE INDIA'S SUPPORT OF THE UNITED STATES IN ITS ANTI-TERRORIST EFFORTS BOARD MEMBER ANNOUNCEMENTS OR R~PORTS 4) On their own initiative, Board members may make an announcement or a report on their own activities. They may ask a question for clarification, make a referral to staff or take action to have staff place a matter of business on a future agenda (Gov. Code Sec. 54954.2[a]) - SUPERVISOR PETERSONREPORTEDON A JOINT M~ETINGHELDLAST WEEK OF THE CSAC BOARD OF DIRECTORS AND LEAGUE OF CALIFORNIA CITIES TO DISCUSS A JOINTLY SPONSORED CONSTITUTIONAL AMENDMENT TO STABILIZE FUNDING OF LOCAL GOVERNMENT REVENUES Pe-Pr MOTION TO DIRECT KGOV TO RE-BROADCAST MR. THAPAR'S Ayes COMMENTS UNDER PUBLIC PRESENTATIONS Ab/Pz 'DEPARTMENTAL R~OUESTS AGING AND ADULT SERVICES Pe-Pr *5) Proposed Addendum to the 2001-2005 Area Plan for the Ayes Title III-E National Family Caregiver Support Program to Ab/Pz provide annual update, in an amount not to exceed $457,828 - APPROVED; AUTHOKIZED CHAIRMAN TO SIG~N Pe-Pr *6) 'Request for approval of temporary cash flow advances, in Ayes an amount not to exceed $4,000,000 cumulatively from the Ab/Pz ACO-General Fund to the Airports Enterprise Fund, effective September 25, 2001, and ceasing 90 clays after the completion of the New Terminal-Apron Project to accommodate payments to contractors on the Project - APPROVED; REFERRED TO DEPARTMENT OF AIRPORTS, COUNTY ADMINISTRATIVE OFFICE, AND AUDITOR-CONTROLLER-COUNTY CLERK FOR IMPLEMENTATION Summary of Proceedings Page 3 Board of Supervisors Regular Meeting 09/25/2001 'Pr-Mc MOTION TO CONSIDER NON-AGENDA ITEM: MADE FINDING THAT 4 Ayes NEED TO TAKE ACTION ON NON-AGENDA MATTER OCCURRED AFTER i Ab/Pz THE AGENDA WAS POSTED BECAUSE INFORMATION REGARDING THE GRANT AMENDMENT WAS RECEIVED FROM THE FEDERAL AVIATION ADMINISTRATION ON TUESDAY, SEPTEMBER 18, 2001 AND BOARD APPROVAL IS REQUIRED BY SEPTEMBER 30, 2001 Pe-Pr 6A) PropoSed Grant Amendment offer in the amount of $110,031 4 Ayes 'from the Federal Aviation Administration for construction I Ab/Pz of an aircraft parking apron at Meadows Field Airport - APPROVED; ACCEPTED OFFER OF FUNDS; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 911-..2001 SUBJECT TO APPROVAL AS TO FORM BY COUNTY COUNSEL ASSESSOR-RECORDER Pe-Pr *7 ) Proposed Agreemen~ with Eric Brown, 'Dolphin Safe 4 Ayes Software, to provide contract analyst support and I Ab/Pz programming services pursuant to AB 719, from October 1, 2001 through DeCember 31, 2002, in an amount not to exceed $75,500 - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 912-2001 AUDI TOR- CONTROLL~.R- COUNTY CL~.RK Pe-Pr *8) Proposed 2-year Agreement with Hinderliter, de Llamas and 4 Ayes Associates (HdL) for audit and analysis of Kern County i Ab/Pz State sales tax transactions, effective September 25, 2001 (contractor to receive 15% of any amounts recovered) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 913- 2001 COUNTY COUNSEL Pe-Mc 9) Status Report on Disability Management Pilot Project - 4 Ayes BECKY SMITH, OCCUPATIONAL HEALTH NURSE, RISK MANAGEMENT, I Ab/Pz AND DORI ROSS, KERN COUNTY PERSONNEL, INTRODUCED AND GAVE ORAL PRESENTATION; BOB ADDISON, .DIRECTOR OF PARKS, AND KATHY IRVINE, DIRECTOR OF HUMAN SERVICES, HEARD; RECEIVED AND FILED Pe-Pr *10) Request of the'Office of County Counsel for destruction 4 Ayes of records no longer necessary or required for County I Ab/Pz purposes and eligible for destruction - APPROVED Pe-Pr '11) Request of the Mental Health Department for destruction 4 Ayes of records no longer necessary or required for County I Ab/Pz purposes and eligible for destruction - APPROVED DISTRICT ATTORNEY Pe-Pr '12) Proposed Agreement with M. Nelson Enmark, Standing 4 Ayes Chapter 13 Trustee of t. he Fresno Division of the Eastern I Ab/Pz District of California, to permit Family Support Division computer access to review bankruptcy information, effective September 25, 2001, at no cost to County - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 914-2001 SummarY of Proceedings Page 4 Board of Supervisors Regular Meeting 09/25/2001 EMPLOYERS ' TRAININ~ RF..qOURCE Pe-Pr '13) Proposed retroactive Agreement with ARBOR, Inc. to Ayes provide training, work readiness and employment Ab/Pz activities 'to Workforce Invest~nent Act and Welfare-to- Work eligible individuals, from July 1, 2001 through June 30, 2002, in an amount not to exceed $175,000 (prior notification on June 19, 2001) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 915,2001 Pe-Pr '14) Proposed retroactive Agreement with ARBOR, Inc. to Ayes provide basic skills/GED preparation, work exl~erience and Ab/Pz job placement services through the Youth Career Advancement Network program to Workforce Investment Act eligible youth between the ages of 19-21, from July 1, 2001 through J~ne 30, 2002, in an amount not to exceed $62,598 (prior notification on June 19, 2001) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 916-2001 }K~%N SERVICES Pe-Pr '15) Notification of anticipated retroactive Agreement with Ayes Kern County Superintendent of Schools Office, as Ab/Pz Administrative Agent for the Kern County and Family Services Agency, for promoting safe and stable families program services, from October 1, 2001 through September 30, 2002 - RECEIV~.D AND FILED Pe-Pr '16) Request to employ retired county employee Sonclra James, Ayes Social Service Worker III', Range 53.3, Step E, for a Ab/Pz period not to exceed 120 working days or 960 hours, whichever is greater, in the 12-month period following date of employment - APPROVED Pe-Pr '17) Request to employ retired county employee Carol Lair, Ayes Social Service Worker III, Range 53.3, Step E, for a Ab/Pz period not to exceed 120 working days or 960 hours, whichever is greater, in the 12-month period following clare of employment - APPROVED K~RN )fEDICAL C~.~TTER Pe-Pr '18) Proposed Amendment No. 3 to Agreement No. 705-97 with Ayes Deng Fa Fong, M.D., to extend term to September 30, 2002, Ab/Pz in an amount not to exceed $250,000, an increase of $50,000 - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 917-2001 Pe-Pr '19) Proposed Amendment No. 3 to Agreement No. 704-97 with Ayes Kurt Finberg, M.D., to extend term to September 30, 2002, Ab/Pz in an amount not to exceed $250,000, an increase of $50,000 - APPROVED; AUTHORIZED CHAIP4~AN TO SIGN AGREEMENT 918-2001 Pe-Pr *20) Proposed confirming purchase order with Valley Institute Ayes of Prosthetics and 0rthotics (VIP0)' for a Cervical Halo, Ab/Pz -in an amount not to exceed $4,347.01 - APPROVED; AUTHORIZED PURCHASING AGENT TO ISSUE PURCHASE ORDER Pe-Pr '21) Annual application for renewal of Agreement with State Ayes Department of Education to Participate in Adult Day Care Ab/Pz Food Program, $49,800 revenue to County - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 919-2001 Summary of Proceedings Page 5 Board of Supervisors Regular Meeting 09/25/2001 Pe-Pr *22) Proposed'retroactive Agreement.with M. Javad Naderi, M.D. Ayes for Radiology Services, from August.31, 2001 to November Ab/Pz 30, 2006, in an amount not to exceed $990,000 (prior notification on September 11, 2001) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 920-2001 Pe-Pr *23) Proposed retroactive Agreement with Chester K. Lau, M.D. Ayes for Radiol0gy ServiCes, from August 31, 2001 to November Ab/Pz 30, 2006, in an amount not to exceed $990,000 (prior notification on September 11, 2001) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 921-2001 ' Pe-Pr *24) Proposed retroactive Agreement with Michael V. Wells, Ayes M.D. for Radiology Services, from August' 31, 2001 to Ab/Pz November 30, 2006, in an amount not. to exceed $990,000 (prior notification on September 11, 2001)- APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEM~NT 922-2001 'MENTAL HEALTH ~RVICES Pe-Pr *25) Proposed Amendment No. I to Agreement No. 576-2001 with Ayes Villa Inn for homeless lodging services, to increase Ab/Pz compensation rates for Fiscal Year 2001-2002 (no fiscal impact) -APPROVED; AUTHORIZEDCHAIRMANTOSIGNAGREEMENT 923-2001 Pe-Pr *26) Proposed Agreement with Clinica Sierra Vista, Inc., for Ayes mental health and substance abuse treatment services for Ab/Pz county clients residing in the Delano area, from October 1, 2001 through June 30, 2002, in en amount not to exceed $442,500 (Medi-Cal, State, CalWorks; Mandated/Budgeted) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN A~REEMENT 924-2001 Pe-Pr *27) Proposed Agreement with Desert'Counseling Clinic, Inc., Ayes for mental health and substance abuse treatment services Ab/Pz to county children residing in the Taft area,, from October 1, 2001 through June 30, 2002, in an amount not to exceed $228,907 (Med-Cal, State~ CalWorks; Mandated/Budgeted) - APPROVED; AUTHORIZED' CHAIRMAN TO SIGN AGREEMENT 925-2001 Pe-Pr *28) Proposed Agreement with Desert Counseling Clinic, Inc., Ayes for mental health and substance abuse treatment services Ab/Pz for adult county clients residing in the Taft area, from October 1, 2001 through June 30, 2002, in an amount not to exceed $273,658 (Medi-Cal, State, CalWorks; Mandated/Budgeted) - APPR0'JED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 926-2001 Pe-Pr *29) Proposed Agreement with Kenneth Harlander, M.F.T., for Ayes mental health treatment services, to county seriously Ab/Pz emotionally disturbed children residing in the Bakersfield area, from September 25, 2001 through June 30, 2002, in an amount not to exceed $62,400 (Medi-Cal, State; Mandated/Budgeted) -APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 927-2001 PARKS AND RECREATION Pe-Pr *30) Proposed Agreements with Kern River Golf Course, Inc., Ayes Buena Vista Golf Course, Inc., and North Kern Golf Ab/Pz Course, Inc., for management of County golf courses from October 1, 2001 thrOugh December 31, 2001 - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENTS 928-2001, 929- 2001, AND 930-2001 Summary of Proceedings Page 6 Board of Supervisors Regular Meeting 09/25/2001 Pe-Pr '31) Request authorization to apply for California Park 4 Ayes Service grants for trail improvement in Tehachapi I Ab/Pz Mountain Park - APPROVED; ADOPTED RESOLUTIONS 2001-360, 2001-361, AND 2001-362 PUBLIC ~EALTM SERVICES WITH- *32) Request for deletion of one (1) Account Clerk III and DRAWN three (3) Account Clerk I/II positions from Budget Unit 4300, California Children Services; and addition of one (1) Account Clerk III and three (3) Account Clerk I/II positions; addition of one '(1) full-time Account Clerk I/II and deletion of one (1) full-time Account Clerk III; addition of one. (1) full-time Public Health Aide I/II and deletion of one (1) part-time Public Health Aide I/II in Budget Unit 4110, Public Health Services, effective September 25, 2001 - Pe-Pr *33) Proposed Amendment No. I to Agreement No. 1025-99 with 4 Ayes Kannagasabai Kannakeswarn, M.D., elba Tri-City Primary 1 Ab/Pz Care, for Installation of the Automated Ia~Lunization Tracking Registration System - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 931-2001 Pe-Pr *34) Application to hold a bike ride - Action Sports for the 4 Ayes 15th Annual Spooktacular Bike Ride on October 20, 2001 - I Ab/Pz FOUND THAT THE SHERIFF HAS NOTED HIS APPROVAL ON THE PERMIT AND THAT THE EVENT WILL NOT RESULT IN THE UNDUE OR UNMANAGEABLE OBSTRUCTION OR HINDRANCE OF TRAFFIC ON THE HIGHWAY WHERE IT IS TO BE H~LD; WILL NOT LEAD TO BREACH OF THE PEACE, PROPERTY DAMAGE, OR OTHER DISORDERLY OR UNLAWFUL CONDUCT; WILL NOT CONFLICT WITH OTHER EVENTS PREVIOUSLY GRANTED PERMITS, AND THAT THE SHERIFF HAS FACILITIES TO PROPERLY SUPERVISE THE EVENT; APPROVED PERMIT; AUTHORIZED CHAIRMAN TO SIGN Pe-Pr *35) Proposed scheduling policy for staff at the Sheriff's 4 Ayes Detention Facilities - APPROVED 1 Ab/Pz Pe-Pr *36) Proposed policy for retirement recognition of Sheriff's 4 Ayes Personnel - APPROVED RETIREMENT RECOGNITION PR0~RAM i Ab/Pz TREASURER-TAX COLLECTOR .. Pe-Pr *37) Pooled Cash Portfolio Analysis for month ended AuguSt 4 Ayes 2001 - RECEIVED AND FILED i Ab/Pz Pe-Pr *38) Cash Receipts and Disbursements for August 2001 - 4 Ayes RECEIVED AND FILED i Ab/Pz Pe- RECESSED TO 2: 00 P.M. Barbara Patrick Chairman, Board of Supervisors SUMMARY OF PROCEEDINGS BOARD OF SUPERVISORS - COUNTY OF KERN 1115 Truxtun Avenue Bakersfield, California Regular Meeting Tuesday, September 25, 2001 BOARD P~ECONVENE.D- Supervisors: McQuiston, Perez, Patrick, Peterson, Parra ROLL CALL: 4 Present; 1 Absent: Supervisor Perez NOTE: SUPERVISOR PEREZ IS PARTICIPATING IN CONTINUING EDUCATION AND WILL BE ABSENT FROM TODAY'S MEETING CONSENT AGENDA/OPPORTUNITY FOR PUBLIC COMMENT: ALL ITEMS LISTED WITH AN ASTERISK (*) OR A NUMBER SIGN (#) WERE CONSIDERED TO BE ROUTINE AND APPROVED BY ONE MOTION. BOARD ACTION SHOWN IN CAPS PUBLIC PRESENTATIONS 1) This portion of the meeting is reserved for persons to address the Board on any matter not on this agenda but under the jurisdiction of the Board. Board members may respond briefly to statements made or questions posed. They may ask a question for clarification, make a referral to staff for factual information or request staff to report back to the Board at a later meeting. Also, the Board may take action to direct the staff to place a matter of business on a future agenda. SPEAKERS ARE LIMITED TO TWO MINUTES. PLEASE STATE YOUR NAME BEFORE MAKING YOUR PRESENTATION. THANK YOU! - NO ONE HEARD BOARD MEMBER ANNOUNCEMENTS OR REPORTS 2) On their own initiative, Board members may make an announcement or a report on their own activities. They may ask a question for clarification, make a referral to staff or take action to have staff place a matter of business on a future agenda (Gov. Code Sec. 54954.2(a)) - NO ONE HEARD Summary of Proceedings Page 8 Board of Supervisors Regular Meeting 09/25/20011 CONTINUED HEARINGS RESOURCE MANAGEMENT AGENCy Plannino Department Mc-Pe *3) Request from Door·e Community Movement by M¢Intcsh and Ayes Associates to cancel an 18 1/2-acre portion of · Ab/Pz Willim--on Act Land Use Contract and to ·11ow cultural, religious, educational, &gr£cul~uxal zoseaxch and retreat uses on · total of 63 acres located It the northeast corner of Houghton Road and Old River Road, two miles south of O14 River (SD 4) SpecificRequest: (a) Cancellation ~f an 18 1/2-acre portion of a 63-acre parcel of a Land Use Contract (Cancellation 901-1) (b) A Conditional Use Permit to allow the development of a 19-acre phased cultural, religious, educational, agricultural research, retreat facility (Section 19.12~030.I) in an A District (CUP #54, Map #142) (NegativeD ecl·ration; Published Bakersfield Californian) (from 7/24/2001; 8/21/2001; 9/11/2001) - OPENED HEARING; NO ONE HEARD; CLOSED HEARING; PER PLANNING COMMISSION RECOMMENDATION, ADOPTED NEGATIVE DECLARATION AND MITIGATION MEASURE MONITORING PROGRAM; ADOPTED RESOLUTIONS 2001-360 AND 2001-361 APPROVING CANCELLATION SUBJECT TO PAYMENT OF PENALTY FEE; DIRECTED CLERK OF THE BOARD TO ISSUE A TENTATIVE CERTIFICATE OF CANCELLATION AND ISSUE A CERTIFICATE OF CANCELLATION SUBJECT TO PAYMENT OF PENALTY FEE AND COMPLIANCE WITH ALL OTHER CONDITIONS CONTAINED IN THE TENTATIVE CERTIFICATE OF CANCELLATION; APPROVED CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS Mc-Pe *4) Request from Doorae Community Movement by Mclntosh~and 4 Ayes Associates tO vacate · public access easement (Applepemr 1 Ab/Pz Street) located on the north side of Houghton Road and extending northerly to the south side of Cobb Road, southwest of Bakersfield (SD 4) Specific Request: Nonsummary vacation of a 60-foot-wide public access easement located on the north side of Houghton Road and extending northerly to the south side of Cobb Road (142-8' 3 098; Streets and Highways) (General Rule, Section 15061(b)(3); Published Bakersfield Californian) (from 7/24/2001; 8/21/2001; 9/11/2001) - OPENED HEARING; NO ONE HEARD; CLOSED HEARI.NG; ADOPTED RESOLUTION 2001-362 APPROVING VACATION OF A 60-FOOT-WIDE PUBLIC ACCESS EASEMENT, RESERVING AND EXCEPTING NECESSARY UTILITY EASEMENTS, PER PLANNING COMMISSION RECOMMENDATION Summary of Proceedings Page 9 Board of Supervisors Regular Meeting 09/25/2001 J~F~RINGS RESOURCE MANAGE~_ENT AGENCY Planninc Department Mc-Pe *5) Request from the Rem County FAre Department by David Ayes Goode11 to change, the street name of Buddy Court to Ab/Pz Cassie Court on the north side of Sta~ ~ou~e 58, Hart Flat area (SD 2) Specific Request: A change in street name fr°m Buddy CoUrt to Cassie Court '(147-7 3 098; Streets and Highways (General Rule, Section 15061(b)(3) ; Published Tehachapi News) - CONTINUED'TO. TUESDAY, OCTOBER 2, 2001, AT 2:00 P.M. Mc-Pe *6) Request from BritzAgricultural Finance C~any, Inc., by 4 Ayes De~rterandDeifel to cancel a 5.36-acreportion of an I Ab/Pz approx4~te314-acre parcel of a Land Use Contract and approval of a Contract Amending L~nd Use Contract on 54.64 acres located at the northwest corner of Jumper Avenue and Merced Avenue, southwest of Wesco (SD 4) Specific Request: Cancellation of a 5.36-acre portion of an approximate 314-acre parcel of a Land Use Contract and approval of a Contract Amending Land Use Contract on 54.64 acres (Cancellation %01-5; Map %55) (General Rule, Section 15061(b) (3); Published Shafter Press) - OPENED HEARING; NO ONE HEARD; CLOSED HEARING; PER PLANNING DEPARTMENT RECOMMENDATION, ADOPTED RESOLUTION 2001-363 APPROVING CANCELLATION SUBJECT-TO PAYMENT OF PENALTY FEE; DIRECTED CLERK OF THE BOARD TO RECORD CONTRACT AMENDING LAND USE CONTRACT; DIRECTED CLERK OF THE BOARD TO ISSUE A TENTATIVE CERTIFICATE OF CANCELLATION AND ISSUE A CERTIFICATE OF CANCELLATION SUBJECT TO PAYMENT OF PENALTY FEE AND COMPLIANCE WITH ALL OTHER CONDITIONS CONTAINED IN THE TENTATIVE CERTIFICATE OF CANCELLATION DEPART~NTAL REOUESTS RESOURCE MANAGEMENT AGENCY .Community Development Proara~ Continued Heari~ '. WITH- *7) Public Hearing for Proposed Amendment to the County of DRAWN Kern Fiscal Year 2001-2002 Annual Action Plan for Community Development Programs to create CD Activity #1.01.2, Oildale Street Overlay Improvements as a Pre- Award Cost Reimbursement funded project (from 9/11/2001) summary of Proceedings Page 10 Board of Supervisors Regular Meeting 09/25/2001 S.D. #5 Mc-Pe *8) Proposed revision to CD Activity %29.00.1, Lamont Drain Ayes Field Improvements (Phase V) to include. Pre-Award Cost Ab/Pz Reimbursement funding - APPROVED REVISION OF CD PROJECT %29.00.1, LAMONT DRAIN FIELD IMPROVEMENTS (PHASE V), TO INCLUDE PRE-AWARD REIMBURSEMENT OF COSTS APPROXIMATING $1,651,940; RECOGNIZED IMPACTS OF PRE-AWARD REIMBURSEMENT OF COST PROCESS ON FUTURE GRANTS; AUTHORIZED DIRECTOR TO SUBMIT A REQUEST TO HUD FOR AN EXCEPTION TO THE TWO PROGRAM YEAR LIMIT ON REIMBURSEMENT OF pRE-AWARD COSTS; APPROVED A SHORT-TERM, INTEREST BEARING LOAN FROM THE ACO-GENERAL FUND IN AN AMOUNT NOT TO EXCEED $1,651,940 TO BE FULLY REPAID WITH ACCRUED INTEREST BY SEPTEMBER OF 2004 FROM CDBG FUNDS; AUTHORI ZED AUDITOR-CONTROLLER- COUNTY CLERK TO .CREATE AN INTEREST BEARING FUND TO ACCEPT TRANSFER OF CASH AND COMPLETE NECESSARY ACCOUNTING TRANSACTIONS AS NEEDED UPON REQUEST OF THE COUNTY ADMINISTRATIVE OFFICE RESOURCE MANAGEMENT AGENCY Engineerina and Survey Services Mc-Pe *9) Hearing for the abatement of a public nuisance involving Ayes the demolition of an abandoned and dangerous structure at Ab/Pz 2407 South "M" Street, Bakersfield, APN 166-151-06, estimated cost $6,500 - OPENED HEARING; NO ONE HEARD; CLOSED HEARING; DECLARED BY RESOLUTION 2001-364 THE ABANDONED STRUCTURE AND REAL PROPERTY A PUBLIC NUISANCE; DIRECTED ENGINEERING & SURVEY SERVICES TO POST AND MAIL NOTICE OF DETERMINATION PURSUANT TO ORDINANCE CODE 8.44.100; IF NUISANCES ARE NOT ABATED WITHIN 30 DAYS AFTER POSTING AND MAILING OF NOTICE OF DETERMINATION, AUTHORIZED ENGINEERING & SURVEY SERVICES TO. USE ABATEMENT FUNDS TO AWARD BIDS FOR DEMOLITION AND REMOVAL AND TO PERFORM THE NECESSARY INSPECTIONS IN THE PERFORMANCE OF THE DEMOLITION CONTRACT Pe-Mc 10) Hearing for the abatement of a public nuisance involving 4 Ayes the demolition of an abandoned and dangerous structure at I Ab/Pz 3721 Arroyo Trail, Frazier Park, APN 259-165-07, estimated cost $6,500 - OPENED HEARING; JODY MULLINIX, JENNINGS REALTY, FRAZIER PARK, .HEARD; CLOSED HEARING; DECLARED BY RESOLUTION 2001-365 THE ABANDONED STRUCTURE AND REAL PROPERTY A PUBLIC NUISANCE; DIRECTED ENGINEERING & SURVEY SERVICES TO POST AND MAIL NOTICE OF DETERMINATION PURSUANT TO ORDINANCE CODE 8.44.100; IF NUISANCES ARE NOT ABATED WITHIN 30 DAYS AFTER POSTING AND MAILING OF THE NOTICE OF DETERMINATION; AUTHORIZED ENGINEERING & SURVEY SERVICES TO USE ABATEMENT FUNDS TO AWARD BIDS FOR DEMOLITION AND REMOVAL AND TO PERFORM THE NECESSARY INSPECTIONS IN THE PERFORMANCE OF THE DEMOLITION CONTRACT; RECEIVED AND FILED DOCUMENTS ~' Summary of Proceedings Page 11 Board of Supervisors Regular Meeting 09/25/2001 Mc-Pe '11) Hearing for the abatement of a public nuisance involving Ayes the demolition of an abandoned and dangerous structure at I Ab/Pz 304 Van Buren Street, Taft, APN 199-162-16, estimated cost $6,500 - OPENED HEARING; NO ONE HEARD; CLOSED HEARING; DECLARED BY RESOLUTION 2001-366 THE ABANDONED STRUCTURE AND REAL PROPERTY A PUBLIC NUISANCE; DIRECTED ENGINEERING & SURVEY SERVICES TO POST AND MAIL NOTICE OF DETERMINATION PURSUANT TO ORDINANCE CODE 8.44.100; IF NUISANCES ARE NOT ABATED WITHIN'30 DAYS AFTER POSTING AND MAILING OF NOTICE OF DETERMINATION, AUTHORIZED ENGINEERING & SURVEY SERVICES TO USE ABATEMENT FUNDS TO AWARD BIDS FOR DEMOLITION AND REMOVAL AND TO PERFORM THE NECESSARY INSPECTIONS IN THE PERFORMANCE OF THE DEMOLITION CONTRACT Mc-Pe '12) Proposed confirmation of costs incurred for the abatement Ayes of public nuisances work located at: Ab/Pz 39144 Toyon Drive, Lebec APN 255-221-05 S.D. %4 $8,507.73 - OPENED HEARING; NO ONE HEARD; CLOSED HEARING; RECEIVED AND FILED REPORT; CONFIRMED BY RESOLUTION 2001-367 THE COSTS INCURRED BY COUNTY FOR WORK PERFORMED TO REMOVE THE PUBLIC NUISANCE FOR EACH PROPERTY; ORDERED THAT ANY COSTS IF NOT PAID WITHIN TEN (10) DAYS BE A LIEN AGAINST THE PROPERTY AND CONSTITUTE A SPECIAL ASSESSMENT TO BE PLACED ON THE TAX ROLL BY THE AUDITOR AND TO BE COLLECTED IN THE SAME MANNER AND SUBJECT TO THE SAME PENALTIES AS ORDINARY COUNTY TAXES ON THE REAL PROPERTY FROM WHICH THE NUISANCES WERE ABATED; DIRECTED ENGINEERING & SURVEY SERVICES TO MAIL NOTICE OF BOARD ACTION TO PROPERTY OWNER Mc-Pe '13) Proposed confirmation of costs incurred for the abatement Ayes of public nuisances work located at: Ab/Pz 412 North Drive, Lebec APN 255-225-05 S.D. %4 $3,910 - OPENED HEARING; NO ONE HEARD; CLOSED HEARING; RECEIVED AND FILED REPORT; CONFIRMED BY RESOLUTION 2001-368 THE COSTS INCURRED BY COUNTY FOR WORK PERFORMED TO REMOVE THE PUBLIC NUISANCE FOR EACH PROPERTY; ORDERED THAT ANY COSTS IF NOT PAID WITHIN TEN (10) DAYS BE A LIEN AGAINST THE PROPERTY AND CONSTITUTE A SPECIAL ASSESSMENT TO BE PLACED ON THE TAX ROLL BY THE AUDITOR AND TO BE COLLECTED IN THE SAME MANNER AND SUBJECT TO THE SAME PENALTIES AS ORDINARY COUNTY TAXES ON THE REAL PROPERTY FROM WHICH THE NUISANCES WERE ABATED;. DIRECTED ENGINEERING & SURVEY SERVICES TO MAIL NOTICE OF BOARD ACTION TO PROPERTY OWNER Summary of Proceedings Page !2 Board of Supervisors Regular Meeting 09/25/2001 S.D.'s '%2 & #4 Mc-Pe '14) Proposed Confirmation of costs incurred for the abatement 4' Ayes of public nuisances work located at: .1 Ab/Pz 15967 Blackburn Canyon Rd., Tehachapi APN 400-221-01 ~ S.D %2 $6,635.00 4245 Rockhouse Rd., MOjave APN 224-260-29 S.D. %2 $6,232.50 340 "E" St., Taft APN 039-182-21 S.D. %4 $6,370.00 - OPENED' HEARING; NO ONE HEARD; CLOSED HEARING; RECEIVED AND FILED REPORT; CONFIRMED BY RESOLUTION 2001-369 THE COSTS INCURRED BY COUNTY FOR WORK PERFORMED TO REMOVE THE PUBLIC 'NUISANCE FOR EACH PROPERTY; ORDERED THAT ANY COSTS IF NOT PAID WITHIN TEN (10) DAYS BE A LIEN AGAINST THE PROPERTY AND CONSTITUTE A SPECIAL ASSESSMENT TO BE PLACED ON THE TAX ROLL BY THE AUDITOR AND TO BE COLLECTED IN THE SAME MANNER AND SUBJECT TO THE .SAME PENALTIES AS ORDINARY COUNTY TAXES ON THE REAL PROPERTY FROM WHICH THE NUISANCES WERE ABATED; DIRECTED ENGINEERING & SURVEY SERVICES TO MAIL NOTICE OF BOARD ACTION TO PROPERTY OWNER S.D. #5 Mc-Pe '15) Hearing for the abatement of a public nuisance involving 4 Ayes the demolition of an abandoned and dangerous structure at I Ab/Pz 1420 Orange Street, Bakersfield, APN 138-101-090, estimated cost $6,500 - OPENED HEARING; NO ONE HEARD; CLOSED HEARING; DECLARED BY RESOLUTION 2001-370 THE ABANDONED STRUCTURE AND REAL PROPERTY A PUBLIC NUISANCE; DIRECTED ENGINEERING & SURVEY SERVICES TO POST AND MAIL NOTICE OF DETERMINATION PURSUANT TO ORDINANCE CODE 8.44.100; IF NUISANCES ARE NOT ABATED WITHIN 30 DAYS' AFTER POSTING AND MAILING OF NOTICE OF DETERMINATION, AUTHORIZED ENGINEERING & SURVEY SERVICES TO USE ABATEMENT FUNDS TO AWARD BIDS FOR DEMOLITION AND REMOVAL AND TO pERFORM THE NECESSARY INSPECTIONS IN THE PERFORMANCE OF THE DEMOLITION CONTRACT. Mc-Pe '16) Proposed confirmation of costs incurred for the abatement Ayes of public nuisances work located at: Ab/Pz 1011 Normandy Dr., Bakersfield APN 135-201-09 S.D. #5 $1,070 - OPENED HEARING; NO ONE HEARD; CLOSED HEARING; RECEIVED AND FILED REPORT; CONFIRMED BY RESOLUTION 2001-371 COSTS INCURRED BY COUNTY FOR WORK PERFORMED TO REMOVE THE PUBLIC NUISANCE FOR EACH PROPERTY; ORDERED THAT ANY COSTS IF NOT PAID WITHIN TEN (10) DAYS BE A LIEN AGAINST THE PROPERTY AND CONSTITUTE A SPECIAL ASSESSMENT TO BEPLACED ON THE TAX ROLL BY THE AUDITOR AND TO BE COLLECTED IN THE SAME MANNERAND SUBJECT TO THE SAME PENALTIES AS ORDINARY COUNTY TAXES ON THE REAL PROPERTY FROM WHICH THE NUISANCES WERE ABATED; DIRECTED ENGINEERING & SURVEY SERVICES TO MAIL NOTICE OF BOARD ACTION TO PROPERTY OWNER Mc-Pe -17) Southwest Shafter Water Improvement Project, Change Order 4 Ayes No. 5, a decrease of $2,741.42 - APPROVED; AUTHORIZED 1 Ab/Pz CHAIRMA~ TO SIGN Summary of Proceedings Page 13 Board of Supervisors Regular Meeting 09/25/2001 Mc-Pe '18) Contract NO. 02002, identify apparent low bid of Griffith Ayes Company for construction of Mojave Drainage Improvements- Ab/Pz PhaSe VI, in an amount not to exceed $347,248 - IDENTIFIED LOW BID; AUTHORIZED ROADS To RELEASEALL OTHER BID GUARANTEES AND PREPARE NECESSARY CONTRACT DOCUMENTS Mc-Pe '19) Contract No. 02013, Plans.and Specifications, and Notice 4 Ayes to Contractors for Proposal and Contract for construction I Ab/Pz of Mojave Drainage Improvements-Phase VII - APPROVED; AUTHORIZED CHAIRMAN TO SIGN; AUTHORIZED ROADS TO pUBLISH THE NOTICE TO CONTRACTORS IN A NEWSPAPER OF GENERAL CIRCULATION, PURSUANT TO SECTION 20150 OF PUBLIC CONTRACT CODE; BID OPENING TO BE WEDNESDAY, OCTOBER 31, 2001,. AT 11:00 A.M. Mc-Pe *20) Contract No. 02004, identify apparent low bid of Brinar 4 Ayes Construction for construction of Frazier Park Drain-Phase i Ab/Pz V, in an amount not to exceed $204,976 - IDENTIFIED LOW BID; AUTHORIZED ROADS TO RELEASEALL OTHER BID GUARANTEES AND PREPARE NECESSARY CONTRACT DOCUMENTS Mc-Pe '21) Contract No. 02003, Plans and Specifications, and Notice Ayes .to Contractors for Proposal and Contract for construction Ab/Pz of Lamont Drainfie!duPhas_e VI - APPROVED; AUTHORIZED CHAIRMAN TO SIGN; AUTHORIZED ~OAD~ T~ P~3BL~SH NO~iCE-TO CONTRACTORS IN A NEWSPAPER OF GENERAL CIRCULATION, PURSUANT TO SECTION 20150 OF PUBLIC CONTRACT CODE; BID OPENING IS TO BE WEDNESDAY, OCTOBER 31, 2001, AT 11:00 A.M. Mc-Pe *22) Annual Recertification in the Community Rating System 4 Ayes (CRS) Program of the National Flood Insurance Program I ~/Pz (NFIP) - APPROVED; AUTHORIZED CHAIRM3%N TO SIGN RESOURCE M3%NAGEFfENT AGENCY ~nvironmental Health Services Mc-Pe *23) Proposed retroactive Amendment No. 1 to Agreement 1052- 4 Ayes 2000 with California Association of Environmental Health 1 Ab/Pz Administrators for annual software maintenance and support services, extending term from September17, 2001, to June 30, 2004 - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 932-2001 Summary of Proceedings Page 14 Board of Supervisors Regular Meeting 09/25/2001 RESOURCE MANAGEMENT AGENCY Environmental Health Services-Animal Control Services Mc-Pe *24) Proposed Agreement with City of Delano for Animal Control 4 Ayes Services - APPROVED; AUTHORIZED CHAIRMAN TO SIGN 1 Ab/Pz AGREEMENT 933-2001 RESOURCE ~%NAGEMENT AGENCY Roads Department S.D. Mc-Pe *25) Contract No. 01028, Plans, Specifications, and Notice to 4 Ayes COntractors for. construction on various Oildale streets i Ab/Pz west of North Chester Avenue and north of Norris Road - MADE FINDING THAT PROJECT IS EXEMPT FROM CEQA~ PER SECTION 15301(c); AUTHORIZED ROADS TO FILE NOTICE OF EXEMPTION; APPROVED; AUTHORIZED CHAIRMAN TO SIGN; AUTHORIZED ROADS TO PUBLISH PURSUANT TO SECTION 20392 OF PUBLIC CONTRACT CODE; BID OPENING TO BE WEDNESDAY, OCTOBER 17, 2001, AT 11:00 A.M. Mc-Pe *26) Proposed no stopping zones on Core Mark Court - APPROVED; 4 Ayes REFERRED TO COUNTY COUNSEL FOR PREPARATION OF ORDINANCE 1 Ab/Pz Mc-Pe *27) Proposed Agreement with North of the River Municipal 4 Ayes Water District for the adjustment of water valve covers 1 Ab/Pz on various Oildale streets (Contract No. 01028). - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 934-2001 Mc-Pe *28) Proposed Agreement with N6rth of the River Sanitary 4 Ayes District No. 1 for the adjustment of sewer manhole frames 1 Ab/Pz and covers on various Oildale streets (Contract No. 01028) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 935-2001 Mc-Pe *29) Proposed Agreement with Southern California Gas Company 4 Ayes for the adjustment of gas valve covers on Various Oildale i Ab/Pz streets (Contract No. 01028) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 936-2001 Mc-Pe *30) Contract No. 01029, Notice of completion for construction 4 Ayes of asphalt concrete overlay on various streets in Lost I Ab/Pz Hills - RECEIVED AND FILED Summary.of Proceedings Page 15 .Board of Supervisors Regular Meeting 09/25/2001 Mc-Pe '31) Contract No. 02005, Plans, SPecifications, and Notice to AYes Contractors for construction on East California Avenue Ab/Pz between 400 feet west of Washington Street and 300 feet east of Webster Street - MADE FINDING THAT PROJECT IS EXEMPT FROM CEQA, PER SECTIONS 15301(c) AND 15304(b); AUTHORIZED ROADS TO FILE NOTICE OF EXEMPTION; APPROVED; AUTHORIZED CHAIRMAN TO SIGN; AUTHORIZED ROADS TO PUBLISH PURSUANT TO SECTION 20392 OF PUBLIC CONTRACT CODE; BID OPENING TO BE WEDNESDAY, OCTOBER 24, 2001, AT 11:00 A.M. Mc-Pe *32) Proposed Agreement',with California Water Service Company 4 Ayes for the adjustment of water valve covers .on East I Ab/Pz California Avenue landscape project (Contract No. 02005) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREE/KENT 937-2001 Mc-Pe *33) Contract No. 20024, Notice of Completion for construction 4 Ayes on Union Avenue between Ming Avenue and Brundage Lane - 1 Ab/Pz RECEIVED AND FILED Mc-Pe *34) Quitclaim Deed and Right-of-Way Contract from Lamar 4 Ayes Central Outdoor, Inc., to pay them $5,010 for relocating i Ab/Pz a billboard, and releasing and quitclaiming their interest in a parcel of land necessary for the expansion of the intersection at Mt. Vernon Avenue and East California Avenue - APPROVED; ACCEPTED QUITCLAIM DEED; AUTHORIZED ~HAI.RMAN TO SIGN AGREEMENT 938-2001; AUTHORIZED AUDITOR-C6~T~OLLE~CO~N~Y ~LERK~ TO ?MAKE' PAYMENT Mc-Pe *35) Sponsorship of Kern Transportation Foundation Forum 2001 4 Ayes in an amount not to exceed $500 - APPROVED; AUTHORIZED I Ab/Pz AUDITOR TO PAY WASTE MANAGEMENT Mc-Pe *36) Proposed deletion of one (1) Wastewater Technologist I/II 4 Ayes and concurrent addition of one (1) Wastewater Treatment 1 Ab/Pz Plant Operator I/II in Budget Unit 4400, effective September 25, 2001 - APPROVED; REFERRED TO PERSONNEL TO AMEND DEPARTMENTAL POSITIONS AND SALARY SCHEDULE Mc-Pe *37) Report on Solid Waste Diversion status - RECEIVED AND 4 Ayes FILED i Ab/Pz Mc-Pe *38) Proposed Agreement with Susan D. Rankin to provide 4 Ayes landfill gas Consulting services at County solid waste 1 Ab/Pz facilities, in an amount not to exceed $30,000, frc~ September 25, 2001, to June 30, 2002 - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 939-2001 .Summary of Proceedings Page 16 Board of Supervisors Regular Meeting 09/25/2001 COUNTY ADMINISTRATIVE OFFICE Mc-Pe *39) Request from Veterans Memorial Park Committee to Ayes construct a memorial on County property - REFERRED TO Ab/Pz VETERANS SERVICE DEPARTMENT, PARKS AND RECREATION DEPARTMENT, AND COUNTY ADMINISTRATIVE OFFICE TO WORK WITH COMMITTEE TO DEVELOP A FEASIBLE PROPOSAL; REPORT BACK WITH RECOMMENDATION Mc-Pe *40) Report on request for County assistance in operation of 4 Ayes Helpline - DIRECTED HUMAN SERVICES, PUBLIC HEALTH, AND I Ab/Pz' MENTAL HEALTH DEPARTMENTS TO EXPLORE OPTIONS FOR FINANCIAL AND OTHER SUPPORT; DIRECTED INFORMATION TECHNOLOGY SERVICES TO EVALUATE POSSIBILITY OF PROVIDING TECHNICAL ASSISTANCE; DIRECTED COUNTY ADMINISTRATIVE OFFICE TO RESEARCH GRANT OPPORTUNITIES Mc-Pe '41) Proposed Internet strategic plan, web security plan, and 4 Ayes web design guidelines - APPROVED; DIRECTED TECHNICAL I Ab/Pz ADVISORY COMMITTEE (TAC) TO DEVELOP 1) STRATEGY FOR IMPLEMENTATION, 2) STRATEGY FOR MONITORING AND ENFORCING STANDARDS, AND 3) SCHEDULE FOR REVIEWING AND UPDATING STANDARDS COUNTY ADMINISTRATIVE OFFICE General Services Division Mc-Pe *42) Request to set a hearing for the purchase of 30,000 4 Ayes square feet of land located on the southeast corner of I Ab/Pz Lake Isabella Boulevard and Commercial Avenue in Bodfish from the Joan Hayes Trust, to be used for future expansion of the Fire Department's Bodfish fire fighting facilities, in the amount of $30,000 and one-half of escrow costs - ADOPTED RESOLUTION 2001-372 SETTING HEARING FOR TUESDAY, OCTOBER 30, 2001, AT 2:00 P.M.; DIRECTED CLERK OF THE BOARD TO PUBLISH NOTICE S.D. %5 Mc-Pe *43) Proposed Amendment to Agreement with ~ohamed M. Muthana, 4 Ayes Jr., and Smirh M. Muthana for lease of 500 Baker-Street, I Ab/Pz Bakersfield, providing foz additional improvements to office space used by the Probation Department and an increase of $26,000 in improvement costs, for a new total not to exceed $141,000 (from 9/11/2001)- MADE FINDING THAT PROJECT IS EXEMPT FROM CEQA PER SECTION 15301; AUTHORIZED GENERAL SERVICES TO FILE NOTICE OF EXEMPTION; APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 940-2001 Mc-Pe *44) Request from Wm. Bolthouse Farms, Inc., to accept the 4 Ayes "Bolthouse Pavilion" at the Kern County Fairgrounds and 1 Ab/Pz Indemnity Agreement - iREFERRED TO GENERAL SERVICES TO MODIFY LEASE WITH THE 15TH DISTRICT AGRICULTURAL ASSOCIATION AND TRANSFER OF PROPERTY TO THE DISTRICT FOR THE PAVILION Summary of Proceedings Page 17 Board of Supervisors Regular Meeting 09/25/2001 COUNTY ADMINI~TRATIXFE OFFICE Information Technoloav Services Pe-Pr 45) Report on Connecting Kern County - Assessing Our Ayes Readiness for the Networked World - RECEIVED AND FILED Ab/Pz Mc-Pe *46) Proposed Agreement with Marvin Stahl for specialized Ayes teleconununications technician services, in an amount' not Ab/Pz to exceed $75,000 - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 941-2001 Mc-Pe *47) Proposed two-year"Agreement with Viaserv for County to 4 Ayes support development of Structured Query Language access i Ab/Pz to the Datacom/DB Database, at no cost to County - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 942-2001 Mc-Pe *48) Proposed addition of one (1) Technology Services Manager 4 Ayes position and deletion of one (1) Computer Operator I Ab/Pz I/II/III position, effective September 25, 2001, and deletion of one (1) Account Clerk I/II position, upon the transfer of the incumbent to another department - APPROVED; REFERRED TO PERSONNEL TO AMEND DEPARTMENTAL POSITIONS AND SALARY SCHEDULE MATTERS FOR EXECUTIVE APPROVAL Mc-Pe *49) Budget Transfers - APPROVED #15 Ayes Ab/Pz ........................ -~ .......................... Mc-Pe *50) Minutes for week of August 20, 2001 - APPROVED WITH 4 Ayes CORRECTION TO ITEM NO. 38A, 2:00 P.M., CHANGING TOTAL I Ab/Pz FROM $5,219,818 TO $$,219,817 Mc-Pe '51) Miscellaneous Letters and Documents - FILED 4 Ayes I Ab/Pz Mc-Pe' *52) Miscellaneous Departmental Referrals by Clerk of the 4 Ayes Board - APPROVED AND FILED I Ab/Pz Mc-Pe *53) Claims and Lawsuits filed with and referred by Clerk of 4 Ayes the Board - APPROVED AND FILED I Ab/Pz Summary of Proceedings Page 18 Board of Supervisors Regular Meeting 09/25/2001 Mc-Pc ADJOURNED TO TUESDAY, OCTOBER 2, 2001, AT 9:00 A.M. = D~hi~e Pennell C~ of the Board '~ra Patrick Chai~an, Board of Supervisors Summary of Proceedings Page 19 Board of Supervisors Regular Meeting 09/25/2001 51) MISCELLANEOUS LETTERS AND DOCUMENTS - FILED County Administrative Office A)Response to .referral to Barry Potter re granting of "Golden Handshakes" District Attorney B) Letter advising severance of Family Support Division fro~ the District Attorney's Voluntary Employee Benefit Association (Copies to each Supervisor, CAO, County Counsel and Auditor-Controller) Environmental Heal.th Service~ C) Thank you letters to individuals for donations to the Bakersfield and' Mojave animal shelters D) Letter to State Mining and Geology Board re revisions to CCR Title 14, Division 2, Chapter 8, SubchaPter 1, Article 1, Section 3502 (Copies to each Supervisor and CAO) ~source Manaaement Aaencv E) Memorandum re letters of commendation to Resource Management Agency team members (Copies to each Supervisor and CAO) F) Nine (9) letters in support of the Palvindar Singh ~-project(GP~-%14,.~Map~%~4~ZC~ #5~,~Map~%142,--Ag.~res ............ %10) (Copies to each Supervisor, CAO and Planning) G) Petition~signed by twenty (20) individuals in s~port of the Palvindar Singh project (GPA %14, Map %142, ZCC %57, Map %142, Ag. Pres. %10) (Copies to each Supervisor, CAO and Planning) Letter from Norman L. Ollivier, South Valley Pump & Irrigation Co., re availability of sufficient, good quality water for Palvindar Singh project (GPA %14, Map %142, ZCC %57, Map %142, Ag. Pres. %10) (Copies to each Supervisor, CAO and Planning) I) Letter from Larry E. Naake, National Association of Counties,~ re request to pass a resolution condemning terrorist acts and supporting President Bush and the national security team (Copies to each Supervisor and CAO) J) Letter from Citizens for Keeping Lake Isabella Campgrounds Free re cancellation of protest rally on Saturday, September 15, 2001 (Copies to each Supervisor and CAO) K) Thank you letter from Congressman Calvin M. Dooley for support re HR 1542, the Internet Freedom and Broadband Deployment Act of 2001 (Copies to each Supervisor and CAO) L) Letter from Scott M. Clare re garbage collection problems at 5306 Colonial Drive (Copies to each Supervisor, CAO and Waste Management) Summary of Proceedings Page 20 Board of Supervisors Regular Meeting 09/25/2001 M) Letter from Ward Wollesen, Central California Association of Public Employees, re request to reject opposition to SB 1018 (Perata) which would provide Safety Retirement for attorneys with the District Attorney, Public Defender and Family Support (Copies to each SuperVisor and CAO) ~ . N) Letter from James E. SPeed, State Board of Equalization, re extenSion of time for accepting applications for reduction in assessment under Sections 1603 and 1605 of the Revenue and Taxation Code (Copies to each Supervisor, CAO and Assessment Appeals Board) O) Letter from State Board of Corrections re Schiff-Cardenas Crime Prevention Act of 2000 (CPA 2000), Capital Improvements/Construction (Copies to each Supervisor, CAO and Sheriff) P) Thank you letter from Assemblyman Roy Ashburn re SB 1054, which would require local entities to form joint powers authorities to receive military base retention funds from the California Technology, Trade and Commerce Agency (Copies to each Supervisor and CAO) Q) Nine (9) letters from individuals in opposition to proposed federal fees at the recreation areas around Lake Isabella in the Kern River Valley of Central California (Copies to each Supervisor and CAO) R) Memorandum from Gary Freeman and Steve Szalay, California "State Association of Counties, recommending adoption of resolution showing symbolic support for the President of the United States (Copies to each Supervisor and CAO) S) Memorandum from Steve Keil, California State Association of Counties, re request to Oppose SB 1018 (Perata), which woUld' ~rovide Safety Retirement for attorneys with the District Attorney, Public Defender and Family Support (Copies to each Supervisor and CAO) T) Memorandum from Steve Keil, California State Association of Counties, removing request to oppose SB 1018 (Perata), which would provide Safety Retirement for attorneys with the District Attorney, Public Defender and Family Support (Copies to each Supervisor and CAO) U) Notice from the California Public Utilities Commission re Application for an Electric Rate Increase, Application to Change Distribution Level Standby Rates and Required by CPUC Decision 01-07-027 (Copies to each Supervisor, CAD and General Services) V) Press Release from President George W. Bush re National Day of Prayer and Remembrance for the Victims of the Terrorist Attacks of September 11, 2001, on Friday, September 14, 2001 (Copies to each Supervisor and CAO) W) Bulletin from Construction Materials Association of California, The Transfer Point, Vol. 4, No. 3, Summer 2001 (Copies to each Supervisor and CAO) X) Bulletin from U.S. DePartment of Justice, Office of Justice Programs, Bureau of Justice Assistance Fact Sheet re Edward Byrne Memorial State and Local Law Enforcement Assistance (Copies to each Supervisor and CAO) ? Summary of Proceedings Page 21 Board of SuPervisors Regular Meeting 09/25/2001 ¥) Bulletin from California Forestry Association, California Forests,' Vol. 5, No. 3, July/September 2001 (Copies to each Supervisor and CAO) 52) LETTERS RECEIVED AND REFERRED BY CLERK .OF THE BOARD - APPROVED AND FILED A) Letter from Charles A. Greene re equipment problems at the Beale Library - REFERRED TO LIBRARY (Copies to each Supervisor and CAO) B) Letter from Bill Luehe re support for creation of an off- highway vehicle (OHV) park in the Bakersfield area - REFERRED TO PARKS (Copies to each Supervisor and CAO) 53) CLAIMS AND LAWSUITS FILED WITH AND REFERRED BY TME CLERK OF THE BOARD - APPROVED AND FILED A) claim in the matter of ~ vs. Kern County - REFERRED ToCOUNTY COUNSEL (Copy to Risk Management) B) Claim in the matter of ~ vs. Kern County - REFERRED TO COUNTY COUNSEL (Copy to Risk Management) 'C) Claim in the matter.of Consuelo Hopkins vs. Kern County - REFERRED TO COUNTY COUNSEL (Copy to Risk Management) D) Claim in the matter of Alfred Lee Coleman vs. Kern County - REFERRED TO COUNTY COUNSEL'(Copy to Risk Management) E) Claim in the matter of ~ vs. Kern County - REFERRED TO CoUNTY COUNSEL (Copy to Risk Management) F) Claim in the matter of Larry Charles Yon Mosch vs. Kern County- -REFERRED-TQ~COUNT-Y---¢OUNSEL--(Copy__to.__~.Risk ............. Management) G) Claim in the matter of Grant D. Hoffman and Kirsten S. ~offman vs. Kern County - REFERRED TO COUNTY COUNSEL (Copy to Risk'Management) H) Subrogation claim in the matter of Mike and Tamara Saso by California InSurance GrouD vs. Kern County - REFERRED TO COUNTY COUNSEL (Copy to Risk Management) I) Discrimination complaint in the matter of ~ Lawson vs. Kern County - REFERRED TO COUNTY COUNSEL (Copies to Risk Management and Personnel) B A K E R S F I E L D MEMORANDUM October 1, 2001 TO: ALAN TANDY, CITY MANAGER FROM: JACK HARDISTY, DEVELOPMENT SERVICES DIRE SUBJECT: CODE ENFORCEMENT REVIEW The memorandum of September 25, 2001 refers to a map showing the distribution of code enforcement activity. The attached map was inadvertently omitted from that memorandum. I apologize for any confusion that may have caused. I will also provide copies to the City Councilmembers. JH:pah cc: Mayor and City Councilmembers P:\buildingdept\map memo.wpd ABATEMENTS MAY- JUNE 2001 ABATEMENTS ,,~ · AB~IED o ABAS!ED BY OWNER WARDS [~ WARD l"'-Jrma Carson WARD 2 - Sue Benham [~ WARD 3- Mil~aggard WARD 4 - David Couch ~ WARD 5 Harold Hanson r'~ WARD 6- Jacquie Suli~an ~ W^RD 7- Mark C. SalYaggi% N 4~00 0 4000 8000 Feet , I R:~.USER PROJECT~DEV SVCS~SEWING~BATEMENT3.apr