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08/25/00
BAKERSFIELD CITY MANAGER'S OFFICE MEMORANDUM August 25, 2000 TO: HONORABLE MAYOR AND CITY COUNCIL FROM: ALAN TANDY, CITY MANAGER /~7"L,-¥ r/ca-. SUBJECT: GENERAL INFORMATION 1. Eric Burden and the Animals drew 6,000 at the "Rockin' by the River" series on Tuesday. The Faith Hill/Tim Mcgraw concert, booked for the Garden, is a sell out. 2. We had another Ad Hoc Committee - City Center meeting this week. If you get a chance to see the replay, or get the tape from the City Clerk, that would be good. A short summary would be: a. Relocation policies are very comprehensive and fair; b. Two memos requested at the meeting, dealing with non-baseball events of the stadium and naming rights in other facilities' experiences are enclosed. The Committee wanted staff to get going on trying to find a naming rights deal. A paper on that is enclosed. If you know of any corporate or individual prospects for sponsorship or naming opportunities, please let know, so we can mail them something. , c.We are drafting a letter that will go out in advance of appraisers contacting property owners to outline and detail the situation. d. Some property owners are coming in to meet with us for status updates and to explore mutually beneficial concepts. That is a positive we encourage, as long as everyone knows it will be 6 months before we know if there is a project. 3. With regard to the series of questions submitted by Councilmember Couch at the August 10, 2000 meeting of the Ad Hoc Committee - City Center, the CRC study will need to be completed before responses can be given. 4. There is a nice article about minor league baseball enclosed for your information. Honorable Mayor and City Council August 25, 2000 Page 2 5. I will be taking vacation on Thursday, August 31st through Tuesday, September 5th. Alan Christensen will be in charge on August 31s~ and September 1~, and John Stinson will be in charge on September 5~h. 6. The listing has closed for the vacant Economic Development Director position. The Civil Service process to get to a list of three will now begin. 7. There is a memo enclosed from the KernCOG Ad Hoc Committee regarding the projects they are going to recommend to their full board for funding. It is very good news that the widening and construction of an interchange at Fairfax and Highway 178 is included. 8. A status report on Senate Bill 402 - Compulsory and Binding Arbitration, Employer- Employee Relations; Law Enforcement Officers and Firefighters, is enclosed for your information. Mayor Price, over a year ago, sent a letter to our local assemblyman indicating opposition to the bill. 9. Public Works staff attended a board meeting of the High Speed Rail Authority on August 16~. A summary of the meeting is enclosed. 10. On September 13th, we will propose having our management agreement for the Centennial Garden/Convention Center officially transferred to SMG. SMG got us a major show that will be announced shortly. Ogden Entertainment no longer exists, and assignment of the lease is really a formality. Please call if you have questions. 11. Responses to Councilmember inquiries are enclosed, as follows: Honorable Mayor Price · Widening of Highway 178 / encouraging State to expedite; Councilmember Carson · A current list of citizen members appointed to the Ad Hoc Committee - City Center is enclosed; · Status report on paving and curb/gutters on Lotus Lane. Councilmember DeMond · Correspondence to citizen regarding recurring sewer back up problem; · Correspondence to citizen regarding traffic concerns on 24th St./Rosedale Hwy; · Names of staff who will attend 8~28 meeting regarding downtown streetscaping project. Honorable Mayor and City Council August 25, 2000 Page 3 Councilmember Maggard · Draft correspondence encouraging Water Agency to construct fencing along canal near school site (sent under separate cover for your review); · A Council workshop will be scheduled for September 7th regarding EMCAB availability of emergency room space, impact of downtown Mercy location closure, and on emergency room space available due to prison contracts. Councilmember Couch · Request for clean up of weeds and trash at: south side of Hageman, west of Centennial High School (school property) and also west of CHS, canal and adjacent private property; vacant property south of Hageman and Coffee Road; Truxtun Avenue and Highway 99; Coffee Road overpass south of Rosedale Highway; · Response to Appraisal Institute regarding MAI designations; · Analysis of AB2928; · Response to citizen regarding concerns on Shellabarger Road access and draft correspondence to the County Supervisor regarding that issue; · Traffic studies to be performed before and after the Meacham / Calloway project is done; · Explanation of a reversed corner lot; · Response to "curbside recycling needed" article in Bakersfield Californian; · Response to citizen's suggestion for a safe bike lane on Olive Drive; · Response to solicitation from the Taxpayers for Fair Competition regarding support of Proposition 35; · Citizen inquiry regarding ambulance company rates; · Program used for sales of surplus City equipment; Councilmember Green · Information regarding the City's Workers' Compensation program (per comments made during interview). Councilmember Salvaggio · Response to citizen regarding concession stand issue / lack of water foUntain at Beach Park; · Response to citizen regarding potential tree/bush fire hazards on Madden Street; · Letter of appreciation to Assemblyman Flores regarding AB2928; · Response to Native American Heritage of Kern County regarding proposed Yokuts names for Kern River Parkway; · Contact citizen regarding sunken sidewalk at 4600 block of Woodmere and advise of resurfacing schedule for the area. AT:rs cc: Mayor-Elect Harvey Hall Department Heads Pamela McCarthy, City Clerk Trudy Slater, Administrative Analyst BAKERSFIELD CITY MANAGER'S OFFICE MEMORANDUM August 24, 2000 TO: Ad Hoc Committee - City Center Project Honorable Mayor and City Councilmembers Bakersfield Redevelopment A~ /~ FROM: Alan Tandy, City Manager SUBJECT: Alternate Uses of Minor League Stadiums At the Ad Hoc Committee of August 22, 2000, information was requested about alternate uses of minor league stadiums. In an effort to respond, we provide the following: 1. Deloitte and Touche did a study for the City of Stockton, California. Stockton is similar in size to Bakersfield, and in the same baseball league. The study (excerpts attached) shows statistics for nine other comparable new stadiums. The event numbers ranged from a Iow of 71 to a high of 130, with an average at 93. 71 of those, on average, are baseball related. The most probable alternate uses identified in the studies are concerts, boxing, wrestling, family/religious, high school baseball, amateur baseball, community events, and parking lot events. The projected a range of from 78 to 109 events a year, with 68 being professional baseball. 2. We recently toured four new California League stadiums. Some of the cities are not aggressive in seeking alternate events; others are. On our tour, we found uses, such as graduations, outdoor concerts, scout camping events, boxing, and religious gatherings - some were multi-day. Other events include baseball tournaments for adults or other levels, junior baseball training camps, fireworks displays, and auto shows. 3. Through Ogden, the City books the arena and Convention Center. Jim Foss indicates the following are the best bets for bookings at a stadium: · Baseball events at other levels, such as Babe Ruth, high school tournaments, clinics for youth, sports conventions that come to town; · Outdoor concerts; (Note: Eric Burden and the Animals just drew 6,000 to Yokuts Park. At a stadium, the potential is greater.) · Gradu~ons; Ad Hoc Committee - City Center Project Honorable Mayor and City Council Bakersfield Redevelopment Agency August 24, 2000 Page 2 · Religious gatherings and events; · Meetings booked by Convention and Visitors Bureaus, in appropriate weather conditions. Finally, we are looking at designing the facility to be suitable for soccer. That could, again, be tournament based, professional, or the occasional exhibition matches that come to town. AT:rs Attachments c: Alan Christensen Paul Crawford II.B. Comparable Facility Analysis Number of Events The following table shows the number of events held annually at the comparable facilities, which includes California League facilities: Comoarable stadium Facilities and Event Breakdown Event True Stadium 1 Stadium 2 Stadium 3 Stadium 4 Stadium 5 Stadium 6 Stadium 7 Stadium 8 Stadium 9 Avcraue Median Minor League Baseball 71 70 74 38 71 7 ! 71 70 49 65 7 I Concerts 0 2 2 2 0 0 3 I 2 i 2 Family Shows 0 0 0 0 0 0 0 0 0 0 0 Other Baseball College 0 0 0 14 0 0 30 2 15 7 0 High School 10 0 0 14 0 0 0 2 30 6 0 Recreational 10 0 0 14 0 0 20 2 15 7 2 Other Sports Soccer 0 0 0 I 0 0 0 0 0 0 0 Other 0 ! 0 0 0 0 0 10 0 I 0 Miscellaneous 0 2 4 1 0 0 5 20 0 4 1 Other Events 0 I 0 i 0 0 0 0 0 2 i 0 Sub Total: Non Minor League Baseball Events 20 6 6 56 0 0 58 37 64 27 20 Total 9 ! 76 80 94 71 71 130 107 113 93 9 ! Note: May not sum due to rounding. The total number of events ranged from a low of 71 to a high of 130, and averaged approximately 93 events. The median number of baseball games was 71 and the median number of events equaled approximately 91 events. 1}81oit~& September 15, 1999 Page II - 46 Toffi}~l{] H.C. Potential Users Potential User Interviews D&T contacted potential users of the proposed facility to collect information on the frequency and nature of their possible use of the facility. Potential users contacted included promoter or organizers of the following types of events: · Concerts · High School Baseball · Boxing · College Baseball · Wrestling · Amateur Baseball · Motor Sports · Community Events Summaries of important information collected from these interviews are presented below. Deloitte& September 15, 1999 Page II- 47 Touche H.C. Potential Users II Concerts Interviews of concert promoters and show organizers indicated numerous points of interest. The folloWing items present summaries of this information. · Seating Capacity of approximately 6,000 seats is probably too small for the major touring concerts and too big for the smaller club or theatrical-based tours. An advantage of this size facility, however, may the ability to draw smaller concerts that might not be profitable playing in larger and mid-size venues in Sacramento or the Bay Ama. · The close proximity to Sacramento and the Bay Area could cause some difficulty in the scheduling of events because acts and facilities generally issue a "radius clause" which does not permit the act to play at a venue within a certain boundary for a specified number of days. Typical radius clauses range about 50 miles for 30 days prior to and 60 days after events. · Some of the promoters in the local market ama have pm-existing relationships with existing facilities within the Stockton area and the market area in general. These relationships make it difficult for new facilities trying to compete within the market. · Few of the promoters contacted knew of any outdoor facilities within the local market ama. It appears that Weber Point would provide the only competition for these events, and the existing seating at the proposed ballpark would serve as an advantage when hosting these events. Deloitte& September 15, 1999 Page II - 48 Touche II.C. Potential Users Boxing/Wrestling Interviews indicated the general high 'current demand for boxing and wrestling events. However, these events are traditionally held in indoor facilities, and instances of such events being held in Minor League Baseball facilities are rare. The potential for occasional events of this type at the proposed facility was noted. Deloitte& September 15, 1999 Page II - 49 Teuche II.C. Potential Users Motor SPorts Promoters of motor sports events indicated that the proposed facility did not appear to provide sufficient seating capacity to generate enough revenue to justify incurring the costs of promoting a motor sports event. In addition, promoters indicated that the need to protect the playing field presented additional logistical complications for this type of event. Deloitte & Touche September 15, 1999 Page II - 50 ~ H.C. Potential Users I I I I I I II IIII High School/College Baseball Users Representatives of the University of.the Pacific, San Joaquin Delta College and CIF Baseball indicated potential interest in using the proposed facility, primarily for annual tournament play. Financial operating agreements were noted as an important consideration in choosing the proposed Stadium for such events. Deloitte& September 15, 1999 Page II - 51 Touche ILC. Potential Users Amateur Baseball Users Current users of Billy Hebert Field indicated an interest in playing games at the new facility. HoWever, these organizations tend to be not-for-profit and are therefore price sensitive. Furthermore, the current facilities at Billy Hebert Field are sufficient to meet the needs of these users. Many users anticipated increased use of Billy Hebert Field should the Ports play their games in the proposed facility, rather than extensive use of the proposed facility. Deloittet September 15, 1999 Page II - 52 Touch~ I II.C. Potential Users II II :" Community Events D&T interviewed current users of Billy Hebert Field, as well as representatives of entities that play an active role in community events such as the Stockton San Joaquin Convention & Visitor's Bureau, the Stockton-San Joaquin Sports Commission, the Downtown Stockton Alliance and many others. In general, a high level of expected interest in using the proposed stadium was expressed, although baseball related use was assumed to be most likely. In addition, anecdotal evidence of a general lack of meeting space in the downtown area was noted. Because preliminary design information does not include public meeting facilities, no assumptions were made regarding the use of stadium facilities for these purposes. However, the potential to include public meeting space in the stadium design, may warrant further exploration. Deloitte& September 15, 1999 Page II - 53 Touche H.C. Potential Users Based on the previously discussed interviews, the following events were assumed to use the new facility. It is important to note that other events are possible for the facility, but due to negative opinion or lack of perceived interest, other events have not been assumed for the new Stockton Stadium. · College Baseball · High School Baseball · Boxing/Wrestling Events · Family/Religious Events · Concerts [] Recreational/Community Events · Parking Lot Events Deloitte& September 15, 1999 Page II - 54 Touche ll.D. Potential Market Demand Based on the data collected throughout the Market Analysis, the following estimates of attendance have been made for baseball and other potential events at the proposed Stadium. A Base Case assumption was made for assumed attendance, and number of events. Low and high scenarios were also developed for number of events. The attendance and number of events assumptions are presented in the table below. Estimated Number of Events and Attendance .... Base Case Base Case Por~s Number of Evenls Average Event Average Total P, er Eyent Estimate Low, , Base Hifgh Paid Attendance, Attendance - ~2} Minor League Baseball Pre-Season 0 I 2 1,070 1,391 Regular Season 68 68 68 1,975 2,568 Post Season 0 0 0 4,570 5,941 High School Baseball 0 3 5 250 N/A College Baseball 0 3 5 300 N/A Boxing/Wrestling Evenls 0 0 i 5,000 N/A Family Events 0 I 2 5,000 N/A Concerts 0 I 2 6,000 N/A Recreational/Community - ( I) 10 15 20 !,000 N/A Parking Lot Events 0 2 4 3,000 N/A Total Number of Events 78 94 109 Total Paid Attendance 142,940 169,020 200,290 Total Attendance (Ports Only) - (2) 175,981 (1) Includes other amateur baseball. (2)- Total Attendance includes Paid + Complimentary Attendance. D~10it~ September 15, 1999 Page II - 55 Touche II.E. Facility Sizing Characteristics The following table shows the characteristics of the proposed Stockton Stadium as currently planned. The stadium appears to be consistent with the characteristics of new Minor LeagUe Baseball stadiums based on discussions with comparable facilities. Should these characteristics change significantly, the financial performance of the facility could change significantly. Seating Capacity 4,500 reserved seats Baseball 1,000 general admission seats 500 bleacher seats 6,000 permanent seats Seating Capacity 8,000-10,000 seats Total (includes grass seating) Skyboxes (Luxury Suites) 12 skyboxes 10 seats per suite Uoncession Stands 25 permanent points of sale 10 portable points of sale Novelty Store I Indoor Store The facility is also expected to include a Picnic Area, Sports Grille, Baseball Hall of Fame and Arcade. No revenues or expenses have been assumed for these events within the accompanying Financial Analysis. Deloitte& September 15, 1999 Page II - 56 Touche BAKERSFIELD CITY MANAGER'S OFFICE MEMORANDUM August 24, 2000 TO: Ad Hoc Committee - City Center Project Honorable Mayor and City Councilmembers Bake rsfield Red evelop me nt A~g~.~cy/~' FROM: AlanTandy, CityManager //~]" ~ SUBJECT: Naming Rights and Minor Le'a{lue Stadiums At the Ad Hoc Commiffee of August 22, 2000, information was presented on how much stadium naming rights deals brought in at various levels of baseball. Information from a national website is enclosed on that subject. At the committee, a further request was made to break down some of the information by the level of the baseball league. Bakersfield and the California League are in Class A. Examples follow: Independent Leagues (Outside the structure of organized baseball; most would consider it to be a lower level than Class A) Name Sold to Price Winnipeg, Canada Mind Computer $1.0 million Long Island, New York EAB Bank $2.3 million Schaumburg, Illinois Alexian Brothers Health Care $2.0 million Class A Name Sold to Price Lansing, Michigan Oldsmobile $1.5 million Myrtle Beach, South Carolina Coastal Federal Bank $1.0 million Tampa, Florida Raymond James Financial $32.5 million (This park also serves as the New York Yankees spring training center; thus the big money) Jupiter, Florida Roger Dean Chevrolet $1.0 million Ad Hoc Committee - City Center Project Honorable Mayor and City Council August 24, 2000 Page 2 Class AA Name Sold to Price Dayton, Ohio Ervin J. Nutter $2.8 million Round Rock, Texas Dell Computer $2.5 million Class AAA Name Sold to Price Louisville, Kentucky Louisville Slugger $2.0 million' Tucson Tucson Electric $2.0 million Summary Naming rights deals in minor league stadiums are the exception, rather than the rule, but can be achieved, in some instances. AT:rs Attachment c: Alan Christensen Paul Crawford Revere*es From Sports Venues -- Stadium and Arena Reference http://www.sponsvenues.com/index.html ~,; OAttendance ~ Club Seats ~Luxury Suites ~Naming Rights ®Ownership ~ ® S ignage ~Ticket. Prices Products Information Links Contact us 2000 Revenues. From Sports Venues The new edition of the Revenues From Sports Venues directory is packed with information on more than 500 teams and venues across the US and Canada. You'll get information on attendance, i. club seat and luxury suite pricing, naming rights sales, personal seat license sales and MORE! Major and minor leagues in baseball, basketball, football, hockey and soccer are covered along with auto racing. Single sport reports Only need to know about a single sport? Buy only the chapters you need and save money! RSVFax Stay up to date on issues affecting stadium and arena revenue. RSVFax provides you a comprehensive weekly report on changes in the marketplace along with the latest ideas for making more money from your facility. Revenues From Sports Venues College Edition Find out what colleges and universities are charging for their premium seats and what plans they have for future construction. Covers are NCAA Division 1 schools! ~-:: _~-.=- ._ _,L ,,. rlll[i]illiBl~[i]i r' Namim! ril!hts A complete list of naming rights deals. Luxury, sui'tes Find out the average prices for luxury suites by league. Club seats The average prices for club seats by league. New venues See what new venues are under construction and when they will open. Venue listing A listing of venues and the teams that play in them in the US and Canada by state or province and city. I of 1 8/16/00 5:28 P ~amiflg rights http://www.sportsvenues.com/names.htm Updated July 28, 2000 The following is our list of known naming rights sales and prices. Often the price paid for naming rights is not made public. This list is based on the best information available. Prices often include luxury suites, signage and other amenities for the buyer that are not broken out separately. Canadian venues are in Canadian dollars. Name City Sold to Price Term 3Com Park San Francisco, 3Com $4,000,000 5 CA Adelphia $30,000,000 15 Adelphia Coliseum Nashville, TN Communications Air Canada Centre Toronto, ON Air Canada $40,000,000 20 ~ .. Alexian Brothers $2,000.000_~~0 ~d IL..~i~/t_G{ti~~ ~__ Schaumburg, Allstate Arena Rosemont, IL Allstate Insurance $11,000,000 10 Alltel Arena Little Rock, AR Alltel Corp. $7,000,000 Alltel Stadium Jacksonville, FL Alltel Corp. $6,200,000 10 America West Arena Phoenix, AZ America West Airlines $26,000,000 30 American Airlines Miami, FL American Airlines $42,000,000 20 Arena American Airlines Dallas, TX American Airlines $195,000,000 30 Center Arco Arena Sacramento, CA Atlantic Richfield Co. $7,000,000 10 Arrowhead Mountain Arrowhead Pond of Anaheim, CA $19,500,000 13 Anaheim Spring Water Autozone Park Memphis, TN AutoZone $4,300,000 25 Bank One Ballpark Phoenix, AZ Banc One Corp. $33,100,000 30 BellSouth Park Chattanooga, TN BellSouth $1,000,000 10 Bi-Lo Center Greenville, SC Bi-Lo Corp. $3,000,000 10 Blue Cross Arena at the War Memorial Rochester, NY Blue Cross $2,975,000 15 Bums Stadium Calgary, AB Bums Meats Co. Cinergy Field Cincinnati, OH Cinergy Corp. $6,000,000 5 ~astal Federal Field Myrtle Beach, Coastal Federal Bank SC' $1,000,00~'~ 10 Comercia Park Detroit, MI Comercia.Bank $66,000,000 30 Commerce Bank Park Bridgewater, NJ Commerce Bankcorp. $3,550,000 15 I of 4 8/16/00 5:27 ? Namiffg rights http://www.sportsvenues.conffnames.htnc Compaq Computer $5,400,000 6 Compaq Center Houston, TX Corp. Conseco Fieldhouse Indianapolis, IN Conseco Inc. $20,000,000 10 Continental Airlines East Rutherford, Continental Airlines $29,000,000 12 Arena NJ Coors Field Denver, CO Coors Brewing Co. $15,000,000 Corel Centre ottawa, ON Corel Corp. $26,000,000 20 / Dell Diamond Round Rock, TX Dell Computer _$_2_,500.000 ~ Dunn Tire Park Buffalo, NY Dunn Tire Co. $1,575,000 "~AB-lYa-tk -- Eong-tslandw, N-Y--EABB ank $2,300,000 Edison International Field Anaheim, CA Edison International $50,000,000 20 Enron Field Houston, TX Enron Corp. $100,000,000 30 Ericcson Stadium Charlotte~NC~_E2riccs_on_Electronics $20,000,000 10 (.~rvin J. Nutter Center Dayton, OH Ervin J. Nutter $2.,8.0..0,000_Q9_~ FedEx Field Washington, DC Federal Express $205,000,000 27 Fieldcrest Cannon Stadium Kannapolis, NC Fieldcrest Cannon Inc. $200,000 10 i'Fifih Third Field _ __DayLt_pn, OH Fifth Third Bank $4,500,000 20 Name not selected Grand Forks, ND First National Bank $3,000,000 20 'First Union Arena Wilkes-Barre,pA First Union Corp. $2,300,000 10 First Union Center Philadelphia, PA First Union Corp $40,000,000 31 Firstar Center Cincinnati, OH Firstar Bank 10 FleetCenter Boston, MA Fleet $30,000,000 15 Florida Power Park St. Petersburg, FL Florida Power Co. $3,000,000 10 tx.Franklin-Covey Field Salt Lake City, 1 UT Franklin-Covey $1,400,000 Frontier Field Rochester, NY Frontier Telephone $3,500,000 20 Gaylord Entertainment Nashville, TN Gaylord Entertainment $80,000,000 20 Center Co. General Motors PlaCe Vancouver, BC General Motors $25,000,000 20 GPU Stadium Reading, PA GPU Inc. 15 Great Western Forum Los Angeles, CA Great Western Bank $20,000,000 $3.5 million to the village Hawkinson Ford Field Crestwood, IL Hawkinson Ford and an undisclosed amount 10 2 of.4 8/16/00 5:27 Namin~ rights http://ww~v.sportsvenues.com/names.htm · to the team Houlihan's Stadium Tampa, FL Houlihan's $10,000,000 30 Jenny Craig Pavillion San Diego, CA Jenny Craig $7,000,000 Lifetime JetForm Park Ottawa, ON Jet Form Corporation $1,700,000 15 John Thurman Field Modesto, CA Modesto Bee $250,000 10 Key Arena Seattle, WA Key Corp $15,000,000 , 15 L~ouisville Slugger Park Louisville, KY Louisville Slugger $2,000,000 1~9) Lowe~s Motor charlotte, NC Lowe's $35,000,000 10 Speedway MCI Center Washington, DC MCI $44,000,000 15 Marine Midland Arena Buffalo, NY Marine Midland Bank $15,000,000 20 Mellon Arena Pittsburgh, PA Mellon Financial Corp. $18,000,000 18 ' Miller Park Milwaukee, WI Miller Br_ewing Co. $41 00,_Q_Q9~0 000 20 ..... ~flMi~'~ Field -- Winnipeg, MB Mind Computer $1,000,000 10.~/; National Car Rental Sunrise, FL National Car Rental' $25,000,000 10 Center Network Associates Oakland, CA Network Associates $12,500,000 5 Coliseum Newman Outdoor Field Fargo, ND Newman Outdoor $5,000,000 5 Old Kent Park Comstock Park, Old Kent Bank MI ~__.~ldsmobile Park Lansing, MI Oldsmobile $1,500,000 ~ Pacific Bell Park San FranciscO,~acific Bell $50,000,000 24 CA Pacific Coast Net Place Victoria, BC Pacific Coast Net $600,000 15 Papa John's Cardinal Louisville, KY Papa John's Pizza $5,000,000 10 Stadium Pengrowth Enterprises, $20,000,000 20 Pengrowth Saddledome Calgary, AB Ltd Pepsi Arena Albany, NY Pepsi $3,000,000 10 Pepsi Center Denver, CO Pepsi $68,000,~000 20 Pepsi Coliseum Indianapolis, IN Pepsi $650,000 5 Philips Arena Atlanta, GA Royal Philips $168,000,000 20 Electronics Portland General $7,100,000 10 PGE Park Portland, OR Electric PNC Park Pittsburgh, PA PNC Bank $30,000,000 20 3 of 4 8/16/00 5:27 rights http:/Avww.sportsvenues.com/names.htm P'~ C Stadium Syracuse, NY P & C grocers $3,575,000 25 ~, PSINet,Stadium Baltimore, MD PS1Net $105,000,000 20 Pringles Park Jackson, TN Proctor & Gamble $1,200,000 15 Pro Player Stadium Miami, FL Fruit of the Loom $20,000,000 10 Qualcomm Stadium San Diego, CA Qualcomm $18,000,000 20 RCA Dome Indianapolis, IN RCA $10,000,000 10 nd James a~ond James Tampa, FL Financial $32;500,000 ~ '~/Pdchmond County ~ - -~ Bank Ballpark at St. Staten Island, Richmond County $3,600,000 9j.J' R,9.~r Dean Stadium Jupiter, FL Roger Dean Chevrolet ~ 16. Safeco Field Seattle, WA Safeco $40,000,000 20 SBC Center San Antonio, TX SBC Communications $41,000,000 20 Skyreach Center Edmonton, AB Skyreach Equip. Corp. $3,306,500 5 ShopKo Hall Green Bay, WI ShopKo $1,400,000 20 Southwestern Bell Oklahoma City, Southwestern Bell 7 Bricktown Park OK 'Sovereign Bank Arena Trenton, NJ Sovereign Bank $2,675,000 10 Staples Center Los Angeles, CA Staples, Inc. $100,000,000 20 Target Center Minneapolis, Target Stores/Dayton MN Hudson $18,750,000 15 TD Waterhouse Centre Orlando, FL TD Waterhouse $7,800,000 5 TECO Arena Estero, FL TECO Energy $7,000,000 20 Thomas P. Raley Field Sacramento, CA Raley's Supermarkets $15,000,000 20 TransWorld Dom~' St. Louis, MO TWA $26,000,000 20 Tropicana Field St. Petersburg, Tropicana $30,000,000 30 FL ~,~ucson Electric Park AZ Tusc---}"C-d-fi~ e~ric Co. $2,000 000 10~ United Center Chicago, IL United Airlines $25,000,000 20 Wells Fargo Arena . Tucson, AZ Wells Fargo Bank $5,000,000 10 Xcel Energy Center St. Paul, MN Xcel Energy Corp. $75,000,000 25 4 of 4 8/16/00 5:27 City Center Project Overview The City Center Project is a proposed entertainment complex adjacent to the Bakersfield Convention Center and Centennial Garden Arena; Centennial Plaza; Holiday Inn Select Hotel; and the recently constructed Bakersfield Amtrak station. The project includes a minor league professional baseball stadium; movie theater complex; sports cafe; ice rink/basketball/volleyball fitness center; restaurants; Video Fun Zone; retail space and adjacent senior citizen housing. This mixed use project is expected to complement the nearby entertainment and convention facilities and further enhance entertainment opportunities in downtown Bakersfield for all age groups and attract people throughout the community and region. The project provides opportunities for sponsorship and name recognition specifically at the baseball stadium. The stadium, which would be owned by the City of Bakersfield, will have a minor league baseball team and host other events such as concerts, and other large gatherings. This facility will host large numbers of local and regional residents at a variety of events. It would be a state of the art, high quality comfortable facility -along the quality lines of Centennial Garden. The proximity to convention facilities provides additional opportunities for name recognition at this site by visitors to Bakersfield who would visit the City Center project and/or the stadium as part of. their convention stay. Although the project is not yet aPproved, the City of Bakersfield is interested in seeing what sponsorship opportunities may exist. The more potential for sponsorship, the more likely that the project will go forward. City Center Project- Sponsorship Opportunities All donations can be tax deductible to a 501c3 - The Bakersfield Foundation Naming Rights - Baseball Stadium Value: $2,500,000 Package may include luxury suite, permanent advertising, promotions, etc. All official stadium references would use the sponsor name. Naming Rights- Plaza between stadium and' sports bar includes .fountains and water features - similar in concept to Centennial Plaza outSide Centennial Garden Arena Value: $750,000 Naming Rights - Outfield Picnic/BBQ/Beer Garden Area and Childrens Playground Value: $500,000 Main Scoreboard / Video Screen in centerfield Value: $3-50,000 (Various naming rights options may inClude a variety of elements which are negotiable and can be structured over multiple years) 1. How do propos .ed tax incentives relate to broader local economic strategies? ~/~/~ 2. How important is the tax incentive to the~ imestment decision? , 3. Will investment stimulated by tax incentives generate new jobs or income for the region,, or redistribute jobs and income within the region? 4. Will the incentNe generate new jobs for local residents or for 5. To what extent will the new jobs ~enemte net income for workem? 6. What is the duration of the tax incentive compared to the likely duration of the imestment? 7. Are the proper multiplier and discounting numbers being used? 8. How will commitments associated with incentives be monitored and enforced? 9. How does the pr°posed project compare with possible alternatives? These questions to be answered upon completion of the GRC Study. freedom that fits neatly within your hands, shake. It's technology that allows you to leave At 3.4 lbs. light and less than '/" thin, this the building. It's technology that sets you free. ' ultraportable allows you.to really move and [ Visit toshiba.corn or call 1-800-TOSHIBA ye. ur ss to .a re' choose freedom'~ ' TOSHIBA Windows are rog ...... trademarks of Microsoft C ...... tion Ail .... ifications and availab lity are SUUl ......... ge L,C~ .... ip ...... g sys[em installed All rights rese;ved WHEN YOU TALK BASEBALL, PROFESSIONAL TEAMS CALLED the Lugnuts, the Lumberjacks, the Quakes, the River Dogs, and the Rock Cats don't instantly spring to mind. But these outfits, among 230 minor- league teams playing their hearts out from coast to coast, are part of a bush- 'league renaissance. The minors were on the verge of striking out in the early 1970s; when attendance slumped to ten million. Today towns and suburbs are sprouting modern, fan-friendly stadiums with 'picnic pavilions, play- grounds, and field boxes planted virtually on the diamond. Almost half of the 180 major-league-affiliated farm clubs are playing in stadiums built in the 312 · F O R T U N E SePtember 4, 2000 PHOTO ESSAY What's behind the resurgence of the mi- nors? Lots of things, such as movies like Bull Durham (1988), disgust at the 1994 baseball strike, and worries about park- ing, prices, and rowdiness at big~league stadiums. "I can take a hundred customers to a game, buy them tickets, drinks, and dinner for less than $1,000~" says New Haven Ravens fan Tony cortiglio, an ac- count manager for a lighting company. "And they all love it." States and cities have done their bit, building minor-league stadiums as part of urban-development strategies. That has been particularly common in the Northeast, which is being peppered with new teams with the frequency of batting- practice home runs. Newark's $34 million Riverfront Stadium, the costliest minor- league ballpark in America, is the jewel in this crown. Connecticut has jump-started three teams--the Bridgeport Bluefish, the Norwich Navigators, and the New Britain Rock Cats. New York City is building a new stadium on Staten Island; another is on the drawing boards for Co- ney Island. Whether this is a wise eco- nomic strategy is debatable, but the new parks sure are pretty. The major leagues also helped out their farmhands. In 1990 they adopted the Fa- cilities Standards Rule, spelling out what minor-league stadiums should look like, from the size of the playing field to the number of toilets. The requirements, which improved conditions for both fans and players--no more collapsing stands and cold-water showers--are now manda- tory for big-league farm teams. (Almost all the independents also comply.) Most important of all, though, is that the management of minor-league teams has improved. Corporate leaders like.Dan Burke, the former. CEO of Cap Cities/ABC, who owns the Portland (Maine) Sea Dogs, and Floyd Hall, the recently retired chair- man of Kmart, who owns the New Jersey Jackals, moved into the business in pursuit of a boyhood dream. They brought with them sophisticated management skills. In general, minor-league teams came to real- ize that to make serious money in the bushes, they'd have to attract nonbaseball fanatics. So they began to sell the game as a wholesome night out with the kids, with a little baseball thrown in. Indeed, in many parks the performance on the field appears to have been inspired more by Walt Disney than Abner Doubleday. In a typical minor-!eague contest, Lit- tle League teams swarm onto the field to 314 · F O R T U N E September 4, 2000 PHOTO ESSAY past decade. So am most of the 50 teams that lack a parent in the Show (as the big . leagues are called). The .new stadiums, which generally seat between 5,000 and 7,000 people, offer cheap seats ($2 to $8), cheap hot dogs, promotional giveaways, and nonstop between-innings entertainment. If you want to see people race wearing flip- pers, a minor-league game is the place to go. There's even a prgtty good ball game to watch. Whatever--Americans are hooked. Some 45 million fanswill get their baseball fix this summer at minor-league games. September 4, 200i F O R T U N E o 315 PHQTO ESSAY take a bow before the game, while the kees, as well as with the Bisons' parent ]']'le Players players canvass the crowd to sign auto- club, the Indians. In 282 games in the big bio pain, no gain:/~ trainer graphs. (Sometimes it's hard to tellwho leagues, he has hit .226, with 30 home runs works over a Billings play_er is more thrilled--the.players signing and 93 runs batted in--and would dearly tothe accompaniment o7 baseballs and scorecards ot the awe- like to add to those numbers. ROC](J/(left). In El Paso struck little fans collecting them.) Be- That hope springs eternal in the hearts (bottom left), Diablos cheer- tween innings, the games are embel- of rookies and veterans, c0aches andman- leaders dress appropriately lished with clumsy mascots racing tiny' agers. "Behind the boom in minor-league for the lexas heat. Charleston tots around the bases (the mascot always baseball are many broken dreams," muses River Dogs infielder Frank loses), "dizzy bat races," and the like. David McConnell, headmaster of a high Moore (below) has both eyes And after the game, for those who stay school in Maine and head usher for the set On the future-and on on--"half the fans," notes Steve Kalafer, Portland Sea Dogs: "players who won't a thermometer in right field owner of the Somerset (N.J.) Patriots, ever make it to the Show and owners who that registers 103 degrees. "leave during the seventh-inning stretch thought there was a pot of gold at the end to put the kids to bed" fireworks are of the rainbow in center field." Turn page for more photos. often the final treat. Most of the hoopla is paid for by spon- sors. Still, owning a minor-league team is a struggle. Farm teams that have a majo[- league connection are owned by individ- uals, but they have to accept the players and coaches allocated from above. (In: dependents, of course, find their own tal- ent.) On a very good night, a game grosses perhaps $80,000, a fraction of what the Yankees pay Roger Clemens to warm up. Most teams make a small profit, but the p.ayoff comes only when teams are sold. As the minor leagues milk their popularity, the franchises are soar- ing in value. A double-A franchise picked up for $250,000 in the 1970s is worth $5 million or more today. Playing in the bushes is also a struggle. Except for bonus babies and the occasional star sent down to recuperate from an in- jury, minor-leaguers live a meager exis- tence. Players typically travel on buses, not aircraft. They stay in budget hotels, not in five-star elegance: In the independent leagues, the top salary is $3,000 a month, and some players make a fraction of that. While spectators may regard the minor leagues as a heartwarming reimmersion in the pleasures of this pastoral game, for players they are a Darwinian world in which every year anew draft of talent comes in to weed out the weak, the old, and the slow. All have their eyes on the prize: the Show. Perhaps one in ten will get the proverbial cup of coffee in the majors. "Once baseball gets in your blood, you can't get it out," says 36-year-old desig- nated hitter Jeff Manto of the Buffalo Bi- sons, a team that has frequently attracted more than a million fans a season to its stunning, 21,000-seat ballpark. Manto has the dubious distinction of having hit the most home runs in the minors (200-plus) and has done stints with the Red Sox, Or- ioles, Mariners, Rockies, Tigers, and Yan- PHOTO ESSAY The Kids Ashley Hayden, ! !, gussied up in her star-span§led best, prepares to sin§ the national anthem in New Britain (far left). Young autograph seekers in Portland (left) and in Billings (below) show the same determination to get their man. September 4, 2000 F O R T U N E · 319 PHOTO ESSAY Tl~e Mascots Before the games and babies. Here ,the Long between innings, mascots Island Ducks (tuackerjack, will do anything to keep Buffalo's Bison, and~ ' the crowd from getting . Rancho Cucamonga's bored-from dancin, g onAftershock go through the dugout to hugging their paces. 320 · F O R T U N E September 4, 2000 PHOTO ESSAY The Business The economics of minor-league baseball are straightforward. An average team takes in about $2.5 million a season. A third comes from ticket sales. Another third comes from advertising; billboards around the scoreboard, like those at the Quakes' stadium in California (right), cost as much as $10,000 per season. The final third comes from food, beer, and souvenirs. This exuberant seller of Cracker Jacks at the Diamond Dogs' stadium in Albany, N.Y. (below), helps · keep the Dogs ~running." Too bad, the vendor says, that business is usually too brisk to catch the game. 322 · F O R T U N E September 4, 2000 i MI you need is a~ experienced crew and a healthy disregard for conventional thinking. 1 Business leaders today mu~t take their companies ir~ bold new directions. Market, shareholder, and competitive pressures demand performance. CEOs need' the -freedom to creatively sfrategi'~e and re-focus on their own'¢ore-competenc!ie~. 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Our unique EdgeAdvantage'm platform integrates streaming media with a world of dynamic content, personalization and customization, enabling an interactive broadband media experience for Akamaized eBusinesses. Akamai's power~Cu'l, high-p.erformance broadca, st deliverynetwork opens doors to a .- new world of broadband and high speed Internet,access, changing the media industry, forever. The wave of the future is brought to you by Akamai today. wwW. aka mai. cam/streaming / / / / Delivering o Better znterne~"./~I soy AH kuh my Join the Akamai Team.: jobs@akamai.com / PHOTO ESSAY The Show In the bushes, putting on .a good show is as important as the baseball. The Bridgeport Bluefish asked concert violinist Kersten Stevens(left) to play "The Star- Spangled Banner" before the game. For post-game entertainment, minor-league teams occasionally douse the lights and shoot off fireworks. Here is the rockets' red gl,sre in Buffalo, the' most successful minor-league franchise, after the Bisons beat the Durham Bulls. Ii 326 · F O R T U N E September 4, 2000 eMarketplace solution in today's rapidly changing B2B market company could b,e signing its own death certificate, Where companies like Ariba, Commerce One and Oracle force you to fit your business processes to their packaged applica;tions, EC Cubed builds your eMarketplace to meet your unique business meeds. With ecMarke~placeS.M we ;fuse our Net-native software platform, with high-speed assembly and ap~)licatio, n management services to rapidly deliver your one-of-a-kind, fully managed private eMarketplace. For an eMarketplace application that adapts as ..~> your business evolves, o~ to receive our white paper "Networked eMark~etplaces for tlqe Digital~,.,~.~["~ Cubed Economy," call 877-EC-CUBED or visit us at www. eccubed.com/marketplace achieve perpetual innovation Kern Council of Goven'm ents August 16, 2000 TO: Transportation Technical Advlaory Committee (I'I'AC) - Ad Hoc Committee to review 2000 RTIP Candidate Projects FROM: Ronald E. Brummett, Executive Director SUBJECT; REVIEW OF PROPOSED 2000 RTIP CANDIDATE PROGRAMMING BASED ON RECENT FUND ESTIMATE AND GOVERNOR'S TRANSPORTATION INITIATIVE Purpoee of meeting - At the JuN 2000 Transportation Planning Policy Committee meeting, ti le Board instructed Kern COG staff to work with TI'AC in developing a Draft 2000 RTiP, for adoption. Background Information - The CTC approved the 2000 RTIP/STIP Fund Estimate at the luly 2000 meeting. Kern COG received $36.2 million in the Regional Improvement Program (RIP) for programm, Jng in the 2002/03 and 2003104 federal fiscal years. The CTC required that a 2000 RTIP package be submitt,~d to their office by September 29, 2000. The liP will not be available until late September 2000. The CT~, the Secretary of Business, Transportation and Housing and members of the Senate arid Assembly will meet to develop the final ;~in COG staff antic, ates a royal of a 2000 RT r · 'P PP IP p ogram of projects at the September 2,,1, 2000 Kern COG ' meeting and at the October 2000 CTC meeting. Staff then anticipates a federal amendment to the 2000 FTIP in November 2000. The following project information was reviewed by the Transportati.~n Planning Policy Committee at the July 2000 meeting. / Propose0 2000 RTIP Program of Project~ - Kern COG staff is recommending the following list of new STIP /-.Regional Choice programming. This list includes two project commitments mede with the a~option of the 1998 RTIP. The 2000 RTIP list is comprised of 'programming in a position to utilize these funds no#, The projects ate listed below: ROUTE PROJECT DESCRIPTION PHASE COST Route 46 FROM SAN LUIS OBISPO COUNTY LINE TO I-5 - WIDEN PE $2,000,000 TO FOUR LANES Route 14 FROM OLD RT. 58 N. IN MOJAVE TO PHILLIPS RD. - R/W & $23,000,000 WIDEN TO FOUR LANES AND CONSTRUCT CONST. INTERCHANGE AT CALIFORNIA CITY BLVD. Route 395 IN INYO COUNTY - OLANCHA/CARTAGO PROJECT - PE $304,000 WIDEN TO FOUR LANE EXPRESSWAY Route 178 METROPOLITAN BAKERSFIELD - AT FAtRFAX - WIDEN CONST. $9,100,000 TO FOUR LANES AND CONSTRUCT INTERCHANGE TOTAL $34,904~000 C :x~DOCUMI~NT~O8. 0Ora- 1 .wpd Kent Coundl M ~~ / 1401 I 9th S~, Suite 300, ~ke~fleld. California 93301 (805) 861-219 i Facsimile 1805) 32~215 ~ (805j 832-7~33 PROJECT BACKGROUND AND PROGRAMMING ASSUMPTIOHS ROUTE 46 - FROM SAN LUIS OBISPO COUNTY LINE TO I-,5 · At the October 1999 Kern COG Board meeting, Kern COG committed to no more than $45 million RiP for this project. · The Governor, in his budget has allocated another $30 million toward this project. · This project is ready for PS & E dudng this cycle as well as dght of way financing. · The total cost of this project is estimated to be in excess of $210 million. · This project is scheduled for construction in 2006. · Caltrans estimates that $2.0 million is required in the 2000 RTIP for PS&E. ROUTE 14 - FROM NORTH MOJAVE NORTH TO PHILLIPS ROAD · The Kern COG Board committed to this project by approving the MOU with Inyo County and Mono County. · Kern COG is committed to 40% of the project cost in RIP funding to build this project. · This project is ready for final funding. The total funds needed are $$99 million. · This project is scheduled for construction in 2006. Caltrans estimates that $20.0 million in RIP funds will be required for this project during the 2000 RTIP cycle. · Construction is estimated to begin in 2003-04. ROUTE 395 - OLANCHAJCARTAGO PROJECT · This the Inyo County project committed to in the MOU with Inyo and Mono Counties. Our 10% sham of PS&E is $300,000. ROUTE 178 - AT FAIRFAX, CONSTRUCT INTERCHANGE (BAKERSFIELD) · The City of Bakersfield has funded and completed the PSR. · The PS&E also funded by the City of Bakersfield should be completed by the end of 2000~~ · The City of Bakersfield will have purchased all the necessary right of way by that time. · The cost of this project is estimated at $9.1 million for construction. Policy Issuee: There are two Kern COG Board policies that need to be addressed that may be in conflict. a. That projeCts that are ready to move to construction be advanced. b. In accordance with the 1998 RTIP funding policy, in order to fund a project in the Metropolitan Bakersfield area, other than Route 58. (Kern River Alignment) the Kern COG Board of Directors would have to make two finding: · That another project, other than Route 58 (Kern River Alignment) would be eligible to be funded in the Metropolitan Bakersfield area, and · That no other project outside the Metropolitan Bakersfield area is ready to advance. In addition, the Kem COG staff recommended that the Route 58 (Kern River Alignment) project should not have additional funding earmarked until the findings of the Bakersfield Transportation Systems Study in 2001 are reviewed and adopted. OTHER ASSUMPTIONS ·Several projects currently in the 1998 RTl P are beginning the environmental process. It does not appear that these projects will be ready to move to PS&E untJJ the 2002 RTIP funding cycle. · Any programming authority from this cycle (a few hundred thousand dollars) would be allowed to carryover into the 2002 RTIP cycle to be combined with the anticipated $90 million or so of new RIP programming authority. Kern Council of Governments 1998 Regional Highway Project Priorities (Updated July 2000) Rank Rte Description Estimated liP Co~t Project Study Report Completed / Environmental Wo,rk.Underway / Construction Funded 1 58 NEAR BAKERSFIELD - FROM ROUTE gg TO I-~ (PHASE 1 ) FROM ROUTE 99 $175,000,{X~3 Eligible TO STOCKDALE HWY. o CONSTRUCT FOUR AND SIX LANE FREEWAY ON EIGHT LANE RIGHT-OF-WAY I 58 NEAR BAKERSFIELD - FROM ROUTE 9g TO I-S (FUTURE PHASES) - EIIgiMe COMPLETE FOUR AND SlX LANE FREEWAY ON EIGHT LANE RIGHT-OF- WAY 4 23 t4 NEAR MOJAVF. JCALIFORNIA CIT~ - FROM OLD RT. 58 N. IN MOJAVE TO $13,0E,0,000 EIIgll~ PHILLIPS RD. - - WIDEN TO FOUR LANES AND CONSTRUCT INTERCHANGE AT CAL. CITY BLVD. (LEAD AGENCY: CALTRANS) 50 4~ FROM SAN LUIS OBISPO COUNTY LINE TO KECKS CORNER - - WIDEN TO $35,000,0~ Eligible FOUR LANES (LEAD AGENCY: CALTRANS) Rank Rte Deacrlptton Estimated lip Cost Project Study Report Completed I Environmental Work Underway I Construction Partially Funded 54 46 FROM ROUTE 33 TO I-5 - WIDEN TO FOUR LANES $8.000,000 EIIglbte 60 46 FROM KECKS CORNER TO ROUTE 33 - WIDEN TO FOUR LANES :~35,000,000 Eligible t This projm~ preceded thru mquimme~ of Senate Bill 45 ~ o! requiring m proJec~ study report IM~ to programming e.v~rmmenmt ~.~rk ar~ was 'grandfattmmd' Into tl~ STIP. The completed project study mpo~ applies to Howwv~, the Tier I ~viranrnm~l work under, my ~ to me enam m~gnmm Imm 1.5 t~ Rc~e 99. ~t~..,,,~.~.~ '. ~ Ju/y 2000 Page ! of 5 Kern Council of Governments 1998 Regional Highway Project Priorities (Updated July 2000) Rank Rte Description Estimated liP Ccmt Project Study Report Completed I Environmental Work Funded I Construction Not Funded 2 Ler.,el CECIL AVENUE SAFETY UPGRADE - CECIL AVENUE FROM ALBANY $23,700,000 STREET TO BROWNING ROAD - - TRAFFIC SYSTEMS MANAGEMENT (]*SM) RECONSTRUCTION (LEAD AGENCY: CITY OF OELANO) 4 184 NEAR ARVIN - FROM PANAMA LANE TO ROUTE 178 - - WIDEN TO 4 LANES $10,3~,O{:)O ~ 119 NEAR TAFT (PHASE 2) - FROM CHERRY AVE. TO TUPMAN RD. - WIDEN TO $9,g00,000 FOUR lANES I~ · Local IN SHAFTER (PHASE 1) - 7TH STANDARD RD. FROM RT. gg TO SANTA FE WAY-- INTERCHANGE IMPROVEMENTS, CONSTRUCT FOUR TO SIX LANE EXPRESSWAY, LANDSCAPING (LEAD AGENCY~ CITY OF SHAFTER) 7 184 NEAR ARVIN - FROM ROUTE 223 TO PANAMA LANE - WIDEN TO 4 LANES $7,200,000 10 46 IN WASCO - FROM ROUTE 43 (N) TO JUMPER AVE. - GRADE $10,528.8~0 SEPARATION. SIGNALLZATION, INTERSECTION IMPROVEMENTS, WIDEN TO FoU~ LANES ~ND STRIPING ~ 178 IN BAKERSFIELD - FROM 0,4 MILES WEST OF OSWELL TO O.S EAST OF $15,800,1X]0~ FAIRFAX - - CONSTRUCT FOUR LANE FREEWAY AND INTERCHANGE AT , FAIRFAX 38 11g IN TAFT (PHASE 1) - FROM RT. 33 TO CHERRY AVE. -WIDEN TO FOUR $9,g00,~0 LANES 38 1 lg 'NEAR TAFT (PHASE 3) - FROM TUPMAN RD, TO 1.5 - - WIDEN TO FOUR LANES 6t 58 NEAR TEHACHAPI AT DENNISON ROAD - CONSTRUCT NEW $3,200,000 Eligible INTERCHANGE (RAMPS) - (LEAD AGENCY: CITY OF TEHACHAPI) Rank Rte Description Estlrnat~ lip Coat Project Study Report Completed I Environmental Work Not Funded I Construction Not Funded 11 223 NEAR ARVIN (PHASE 1 ) - FROM COMMANCHE RD. TO ROUTE 18~ - WIDEN TO FOUR LANES 14 223 NEAR ARVIN (PHASE 2) - FROM ROUTE 184T0 ROUTE g9 -WIDEN TO $10,000,000 FOUR LANES Pmgmmmblg of m~ml ~ br pending c,=mldei:lcm of ~ Pm~ S~ Re~. The pmj~ ~11 ~ F~ Tmn~ Im~ P~mm ~ PSR ~ ~, 2000 P~ 2 of 5 Kern Council of Governments 1998 RegiOnal Highway Project Priorities (Updated July 2000) Rank Rt~ Description EstJmgt~l lip Cost Project Study Report not Completed 3 58 IN BAKERSFIELD - FROM ROUTE g9 TO C01'I'ONWOOD ROAD - - WIDEN $24,000,000 Eligible TO SLX LANES 8 L_~_~_! IN CALIFORNIA CITY - CALIFORNIA CiTY BOULEVARD FROM ROUTE 14 $10,650,000 EAST SIX MILES - - WIDEN TO FOUR LANES 9 178 EAST OF BAKERSFIELD - FROM CN1NA GARDEN TO KERN RIVER CANYON - CONSTRUCT FOUR LANE EXPRESSWAY 12 L .~c~l IN SHAFTER (PHASE 4) - 7TH STANDARD RD. FROM PALM AVE. TO 1~5 - $9~30,000 WIDEN TO FOUR LANE EXPRESSWAY (LANDSCAPING) 13 L~al IN RIOGECREST - WEST RIDGECREST BLVD, FROM MAHAN TO CHINA $1,8~0,000 LAKE BLVD. (1 .S MILES) - RECONSTRUCTION, OVERLAY, WIDEN PORTION TO FOUR LANES 15 155 IN DELANO (PHASE 2) - FROM ROUTE 99 TO BROWNING ROAD - WIDEN $7,200,000 TO 4 LANES CONVENTIONAL HIGHWAY - SEPARATION OF GRADE AT RAILROAD) 18 155 iN DELANO (PHASE 3) - FROM ROUTE 99 TO BROWNING ROAD - WIDEN $7,200,0~0 TO 4 LANES CONVENTIONAL HIGHWAY - 0NIDEN HIGHWAY FROM TWO LANES TO FOUR LANES) 17 155 IN DELANO (PHASE 1) - FROM ROUTE B9 TO BROWNING ROAD - WIDEN $7,200,000 TO 4 LANES CONVENTIONAL HIGHWAY - (HIGHWAY 99 BRIDGE WIDENING) 18 99 IN DELANO - FROM WOOLLOMES AVENUE TO COUNTY LINE ROAD - - ~8,~X~,(XX3 Eligible RAMP UPGRADES 19 I. ecal IN SHAFTER (PHASE 6) - ZACHARY RD. FROM 7TH STANDARD RD, TO $1,690,000 LERDO HWY, (FOUR MILES) - RECONSTRUCT FIRST TWO MILES WIDEN TO FOUR LANES; NEW CONSTRUCTION LAST TWO MILES (WIDEN TO FOUR LANES) 20 L~oi IN TEHACHAPI - ON RED APPLE ROAD BUILD NEW FOUR LANE ROAD FROM TUCKER ROAD TO WES~OOD STREET.. (1 1/4 MILES) 21 223 NEAR ARVIN (PHASE 1) - FROM EAST CiTY LIMITS OF ARVIN EAST 4 114 $7,000000~ MILES EAST - WIDEN TO FOUR LANES 22 43 NEAR SHAFTER - FROM 7TH STANDARD ROAD TO EUCLID AVENUE - WIDEN TO FOUR LANES 24 Lo;al iN $HAFTER (PHASE $) - ZACHARY RD. FROM 7TH STANDARD RD. TO $7~280,01X) LERDO HWY, (FOUR MILES) - RECONSTRUCT FIRST TWO MILES WIDEN TO FOUR LANES; NEW CONSTRUCTION LAST TWO MILES (WIDEN TO FOUR LANES) 26 58 WEST OF ROSEDALE - ON ROSEDALE HIGHWAY FROM ROUTE 43 TO $14.400,000 Eligible RENFRO ROAD - - WIDEN TO FOUR LANES 27 223 NEAR ARVIN (PHASE 2) - FROM 4 I/4 MILES EAST OF EASTERN CITY $9.100,000 LIMITS OF ARVIN TO ROUTE 58 - - WIDEN TO 4 LANES ~ July 2000 Pag~ 3 of $ Kern Council of Governments 1998 Regional Highway Project Pforities (Updated July 2000) Rank Rte Description Estlmat~d lip Cost prOject Study Report not Completed (Continued)' ,, 28 ~ NEAR DELANO (PHASE 2) (2 MILE SEGMENT) - UPGRADE GARCES HIGHWAY TO STATE HIGHWAY - WIDEN TO FOUR LANES 29 Lot, al NEAR DELANO (PHASE 1) (2 MILE SEGMENT) - UPGRADE GARCES HIGHWAY TO STATE HIGHWAY--WIDEN TO FOUR LANES 30 ~ NEAR DELANO (PHASE 5} (2 MILE SEGMENT) - UPGRADE GARCES HIGHWAY TO STATE HIGHWAY - WIDEN TO FOUR LANES 31 14 NEAR RIDGECREST - FROM 0.8 MILES SOUTH OF 178 WEST TO 1,5 MILES $11,000,0~O Eligible SOUTH OF ATHEL ROAD - - WIDEN TO FOUR LANES 32 Local NEAR DELANO (PHASE 4) (2 MILE SEGMENT) - UPGRADE GARCES ~S,O00,0~ HIGHWAY TO STATE HIGHWAY - WIDEN TO FOUR LANES 33 Local NEAR DELANO (PHASE 6} (2 MILE SEGMENT) - UPGRADE GARCES HIGHWAY TO STATE HIGHWAY -WIDEN TO FOUR [~NES 34 kOCaI NEAR OELANO - ON GARCES HIGHWAY FROM ROUTE 99 (ELLINGTON STREET) TO HIETT AVENUE EXTENSION. - WIDEN TO FOUR LANES 3S Legit. NEAR DEIJkNO (PHASE 3) (2 MILE SEGMENT) - UPGRADE GARCES HIGHWAY TO STATE HIGHWAY - WIDEN TO FOUR LANES 37 Loc. al IN SHAFTER (PHASE 2) - 7TH STANDARD RD, FROM SANTA FE WAY TO RT. 43 - WIDEN TO FOUR LANE EXPRESSWAY (LANDSCAPING) 39 46 NEAR WABCO FROM RT. 43 (N) TO RT. 99 - - WIDEN TO FOUR LANES ~,O52,000 40 Local IN RIDGECREST - BOWM~N ROAD FROM CHINA LAKE 8LVD, TO COUNTY ~2,0~,000 LINE ROAD (2 MILES) - RECONSTRUCT 1 MiLE AND RAISE GRADE; ADD SHOULDERS AND DRAINAGE 41 38~ SOUTH OF INYOKERN - FROM SOUTH CHINA LAKE BLVD. TO ROUTE 178 - $12,0~,i~0 Eligible WIDEN TO FOUR LANES 42 14 NEAR INYOKERN - FROM 0.8 MILES NORTH OF REDROCK I INYOKERN $24,000,iX)0 Eligible ROAD TO 0,3 MILES SOUTH OF ROUTE 178 - - WIDEN TQ FOUR LANES 43 ~8 WEST OF THE BAKERSFIELD AREA - (ROSEDALE HIGHWAY) FROM I-~ TO $t8A00,~0 Eligible RT. 43 - WIDEN TO FOUR LANEg 44 Local TEHACHAPI WILLOW SPRINGS ROAD FROM ROSAMOND BLVD. TO RT. 58 $60,000,000 - (APPROX. lg MILES) - WIDEN TO FOUR tJ~NES 4~ 33 IN TAFT - FROM 0.2 MILES WEST OF 10TH STREET TO 1,2 MILES WEST OF $5,0IX), 10TH STREET - -WIDEN TO FOUR LANES 46 58 SOUTH OF CALIFORNIA CITY- FROM 1 MILE WEST OF CALIFORNIA CiTY $7,2;X),~ Eligible 8LVD. TO 1 MILE EAST OF CAUFORN[A CITY BLVD, - - CONSTRUCT INTERCHANGE 47 L~I IN RIDGECREST - SOUTH CHINA LAKE BLVD. (BUSINESS 395) FROM ROUTE 395 TO COLLEGE HEIGHTS BLVD, (4,9 MILES) - REPAIRS, OVERLAY, AND WIDEN SHOULDERS o,,~,,.,,~, I~ luly 2000 Page Kern Counc/1 of Governments 199S Regional Highway Project Priorities' (Updated July 2000) Rank Rte Description Estimated lip Cost Project Study Report not Completed (Continued) 48 ~ NEAR RIDGECREST (9 MILES NORTH OF JOHANNESBURG ) - FROM 1.25 ~,::~0,000 EliglDle MILES SOUTH OF SEARLES ROAD TO 0.4 MILES SOUTH OF RANDSBURG ROAD - WIDEN TO FOUR LANES 49 33 MARiCOPA TO TAFT - FROM WELCH STREET (MARICOPA) TO WOOD $7,1~0,{X)0 STREET (TAF'~ - - WIDEN TO FOUR lANES 51 I,~l IN RIDGE[CREST - MAHAN STREET FROM INYOKERN ROAD TO SOUTH CHINA LAKE BLVD. (4,2tS MILES) -WIDENING TO FOUR lANES AND NEW CONSTRUCTION TO FOUR LANES) 52 . 33 IN TAFT - FROM 1.2 MILES WEST OF 10TH ST. TO MI~AY RD. - WIDEN TO FOUR LANES 53 65 NORTH OF BAKERSFIELD - FROM TTH STANDARD RD, TO COUNTY LINE - $60,00~,{X)O - WIDEN TO FOUR LANES SS 46 FROM JUMPER AVE, TO I-~ - WIDEN TO FOUR LANES $8,311,818 S6 396 NEAR RIDGECREST i JOHANNESBURG. 1 fi MILES NORTH OF $6,3~0,000 Eligible JOHANNESBURG AT BUSINESS 395 TURNOFF - WIDEN TO FOUR LANES 57 i.e,;al IN SHAFTER (PHASE 3) - 7TH STANDARD RD. FROM RT. 43 TO PALM AVE. $9,730,0~0 -WIDEN TO FOUR LANE EXPRESSWAY (LANDSCAPING) ~8 395 NEAR INYOKERN. FROM ROUTE 178 TO ROUTE 14 JUNCTION - WIDEN $12,000,000 Eligible TO FOUR LANES 5g Lecal NEAR RIDGECREST - RICHMOND ROAD FROM BOWMAN ROAD TO EAST $1,440,000 RIDGECREST BLVD. (1.0 MILE) - RECONSTRUCTION INCLUDING WIDENING TO 4 LANES 62 4~ AT RT, 99 AND RT, 46 INTERCHANGE - iNTERCHANGE AND BRIDGE $10,650,000 WORK (REALIGNMENT WORK ONLY) 63 t66 IN MARICOPA - INTERSECTION AT BASIC SCHOOL ROAD - - RECONSTRUCT (ELEVATE) INTERSECTION GRADE (FLOODING HAZARO) 64 I ,~-~l WHEELER RIDGE ROAD - FROM I-5 TO RT. 223 (f6 MILES) - WIDEN TO ~32,000,000 FOUR LANES 6S 395 NEAR JOHANNESBURG. FROM ~AN SERNARDINO COUNTY LINE TO 1 $I 1,000,OOO Er;~ MILE SOUTH OF 8EARLES ROAD - WIDEN TO 4 LANES 66 ~ IN DELANO - AT WOOLOMES AVENUE INTERCHANGE - BRIDGE $7,500,000 WIDENING TO 4 LANES AND RAMP MODIFICATIONS July 2000 Page 5 of 5 BAKERSFIELD CITY MANAGER'S OFFICE MEMORANDUM AUGUST t8, 2000 TO: ALAN TANDY, CITY MANAGER FROM: TRtJDY SLATER, ADMINISTRATIVE ANALYST III ~ SUBJECT: INFORMATION ON SB402 (BURTON AND VlLLARAIGOSA) - EMPLOYER- EMPLOYEE RELATIONS: LAW ENFORCEMENT OFFICERS AND FIREFIGHTERS (COMPULSORY AND BINDING ARBITRATION) SB 402, Compulsory and :Binding Arbitration, Law Enforcement and Firefighters, passed the Assembly after amendments and went to the Senate. The Senate sent it back .to the Assembly without taking any action on it. The bill will be set for a vote in the Assembly on the amended version, probably the week after the Democratic Convention. The amendments purportedly reflect an agreement reached between the Governor and the proponents of the measure. According to the League, the changes in language should be no comfort to local government, leaving it open to creative interpretations and a widespread coverage of issues. A "side deal" (in AB 2030-Correa) extends service retirement benefits for local safety members from 75% or 85% of final compensation to 90% of final compensation. The City is opposed to SB 402 and indicated so in letters to our legislators in June 1999. The mayor also authored an article which was published in the Bakersfield Californian in July 1999 citing his reasons for opposition to SB 402. The bill is not in the best interests Of the taxpayers of the state nor the best interests of good government. The current versions of both SB 402 and AB 2030 are attached. Also attached are excerpts from two League Priority Focus issues, a League fax identifying the July 6, 2000 legislative vote of the Assembly on SB 402, the submission of the Mayor to the Californian for publication, and the City's letter of June 30, 1999 to our local legislators stating our opposition. Please let me know if you need anything further. P:~AT~M0008181 Attachments cc: John W. Stinson, Assistant City Manager 402 Se.qa~e Bill - Status http://info.sen.ca.gov/pub/bill/se...0/sb 402 bill 2000081 7_status.html CURRENT BILL STATUS MEASURE : S.B. No. 402 AUTHOR(S) : Burton and Assembly Member Villaraigosa (Principai coauthors: Senators Baca, Karnette, and Ortiz) (Principal coauthors: Assembly Members Shelley and Wiggins) (Coauthors: Senators Dunn, Escutia, Figueroa, Hayden, Perata, and Solis) (Coauthors: Assembly Members Aroner, Cardoza, Firebaugh, Havice, Keeley, Knox, Kuehl, Machado, Mazzoni, Rod Pacheco, Pescetti, Romero, Scott, Thomson, Washington, and Witdman). TOPIC : Employer-employee relations: law enforcement officers and firefighters. HOUSE LOCATION : SEN +LAST AMENDED DATE : 08/10/2000 TYPE OF BILL : Active Non-Urgency Non-Appropriations Majority Vote Required Non-State-Mandated Local Program Non-Fiscal Non-Tax Levy LAST HIST. ACT. DATE: 08/10/2000 LAST HIST. ACTION : Action rescinded whereby bill read third time, passed, and to Senate. Read third time. Amended. To third reading. FILE : ASM THIRD READING FILE DATE : 08/18/2000 ITEM : 108 TITLE : An act to add Section 1281.1 to, and to add Title 9.5 (commencing with Section 1299) to Part 3 of the Code of Civil Procedure, relating to public employment relations. I of 1 8/18/00 9:33 AM sB 4,0~ Senate_i3ill - AMENDED http://info,sen.ca.gov/pub/bill/se...402 bill 20000810_amended_asm.html BILL NUMBER: SB 402 AMENDED BILL TEXT AMENDED IN ASSEMBLY AUGUST 10, 2000 AMENDED IN ASSEMBLY JUNE 29, 2000 AMENDED IN ASSEMBLY SEPTEMBER 7, 1999 AMENDED IN ASSEMBLY JUNE 28, 1999 AMENDED IN SENATiE MAY 28, 1999 AMENDED IN SENATE MAY 18, 1999 AMENDED IN SENATE APRIL 20, 1999 AMENDED IN SENATE APRIL 8, 1999 INTRODUCED BY Senator Burton and Assembly Member Villaraigosa (Principal coauthors: Senators Baca, Karnette, and Ortiz) (Principal coauthors: Assembly Members Shelley and Wiggins) (Coauthors: Senators Dunn, Escutia, Figueroa, Hayden, Perata, and Solis) (Coauthors: Assembly Members Aroner, Cardoza, Firebaugh, Havice, Keeley, Knox, Kuehl, Machado, Mazzoni, Rod Pacheco, Pescetti, Romero, Scott, Thomson, Washington, and Wildman) FEBRUARY 12, 1999 An act to add ~ ..... 1 O~ 1~O1 I ~ ~ ~ ~ ~ ..... ~ Section 1281 i to, and to add Title 9.5 (commencing with Section 1299) of to Part 3 of, the Code of Civil Procedure, relating to public employment relations. LEGISLATIVE COUNSEL'S DIGEST SB 402, as amended, Burton. Employer-employee relations: law enforcement officers and firefighters. Existing law provides that employees of the fire departments and fire services of the counties, cities, cities and counties, districts, and other political subdivisions of the state have the right to self-organization, to form, join, or assist labor organizations, and to present grievances and recommendations regarding wages, salaries, hours, and working conditions to the governing body, but do not have the right to strike or to recognize a picket line of a labor organization while in the course of the performance of their official duties. This bill wou.ld provide that if an impasse has been declared after the representatives of an employer and firefighters or law enforcement officers have exhausted their mutual efforts to reach agreement over wagcs, ...... , ................................. cf employment economic issues as defined within the scope of arbitration, if and the parties are unable to agree to the appointment of a mediator, or if a mediator is unable to.effect settlement of a dispute between the parties, the employee organization may request, by written notification to the employer, that their differences be submitted to an arbitration panel. Each party would designate one member of the panel, and those members would designate the chairperson of the panel pursuant to specified procedures. The arbitration panel would meet with the parties within 10 days after its establishment or any additional periods to which the parties agree, make inquiries and investigations, hold hearings, and take any other action, including further mediation, that the panel deems appropriate. Five days prior to the commencement of the arbitration panel's hearings, each of the parties would be required to submit a last best offer of settlement on the disputed issues as a I of 7 8/18/00 9:29 AM SB'~,02 Senate Bill - AMENDED http://info.sen.ca.gov/pub/bill/se...402 bill 20000810_amended_asm.html package. The panel would decide the disputed issues separately, or, if mutually agreed, by selecting the last best offer package that most nearly complies with specified factors. There would then be a waiting period of 5 days prior to public disclosure, or a longer period if agreed to, during which the parties could mutually amend the decision. At the end of that period, the arbitration panel's decision, as amended by the parties, would be disclosed, and would be binding upon the parties. ~ ~ ..... ~ ~"+~^~4"C +~ chief law enforcement ^~ .... ~ ~ cmploycr to notify the arbitration panel cf his or her intent to ^~^~ ^~ settlement ~ +~ ~is +~ ~ ...... ~ ~ .... ~ ~^ ability ......................... o ocr ~ ublic .... ~ organization would bo authorized to take specified actions upon receipt cf such a notice. This bill would provide that unless otherwise agreed to by the parties, the costs of the arbitration proceeding and the expenses of the arbitration panel, except those of the employer representative, shall be borne by the employee organization. Thc provisions of this bill would repeal cn January i, 200~. The bill would define employer to include any entity, except the State of California, acting as an agent of a local agency. Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 1281.1 is added to the Code of Civil Procedure, to read: 1281.1. (a) For the purposes of this article, any request to arbitrate made pursuant to subdivision (a) of Section 1299.4 shall be considered as made pursuant to a written agreement to submit a controversy to arbitration. .... , .... as ~. that date repcalad, that date. SEC. 2. Title 9.5 (commencing with Section 1299) is added to Part 3 of the Code of Civil Procedure, to read: TITLE 9.5. ARBITRATION OF FIREFIGHTER AND LAW ENFORCEMENT OFFICER LABOR D~SPUTES 1299. The Legislature hereby finds and declares that strikes taken by' firefighters and law enforcement officers against public employers are a matter of statewide concern, are a predictable consequence of labor strife and poor morale that is often the outgrowth of substandard wages and adverse working conditions benefits , and are not in the public interest. The Legislature further finds and declares that the dispute resolution procedures contained in this title provide the appropriate method for resolving public sector labor disputes that would could otherwise lead to strikes by firefighters or law enforcement officers. It is the intent of the Legislature to protect the health and welfare of the public by providing impasse remedies necessary to afford public employers the opportunity to safely alleviate the effects of labor strife that would otherwise lead to strikes by firefighters and law enforcement officers. It is further the intent of the Legislature that, in order to effectuate its predominant purpose, this title be construed to apply broadly to all public 2 of 7 8/18/00 9:29 AN SB 4,02' Senate Bill - AMENDED http://info.sen.ca.gov/pub/bill/se...402 bill 20000810_amended_asm.html employers, including, but not limited to, charter cities, counties, and cities and counties in this state. It is not the intent of the Legislature to alter the scope of issues subject to collective bargaining between public employers and employee organizations representing firefighters or law enforcement officers. The provisions of this title are intended by the Legislature to govern the resolution of impasses reached in collective bargaining between public employers and employee organizations representing firefighters and law enforcement officers over economic issues that remain in dispute over their respective interests. However, the provisions of this title are not intended by the Legislature to be used as a procedure to determine the rights of any firefighter or law enforcement officer in any grievance initiated as a result of a disciplinary action' taken by any public employer. The Legislature further intends that this title shall not apply to any law enforcement policy that pertains to how law enforcement officers interact with members of the public or pertains to police-community relations, such as policies on the use of police powers, enforcement priorities and practices, or supervision, oversight, and accountability covering officer behavior toward members of the public, to any community-oriented policing policy or to any process employed by an employer to investigate firefighter or law enforcement officer behavior that could lead to discipline against any firefighter or law enforcement officer, nor to contravene any provision of a charter that governs an employer that is a city, county, or city and county, which provision prescribes a procedure for the imposition of any disciplinary action taken against a firefighter or law enforcement officer. 1299.2. This title shall apply to all employers of firefighters and law enforcement officers. 1299.3. As used in this title: (a) "Employee" means any firefighter or law enforcement officer represented by an employee organization defined in subdivision (b). (b) "Employee organization" means any organization recognized by the employer for the purpose of representing firefighters or law enforcement officers in matters relating to wages, hours, and other terms and conditions of employment within the scope of arbitration. (c) "Employer" means any local agency employing employees, as defined in subdivision (a), or any entity , except the State of California, acting as an agent of any local agency, either directly or indirectly. (d) "Firefighter" means any person who is employed to perform firefighting, fire prevention, fire training, hazardous materials response, emergency med'ical services, fire or arson investigation, or any related duties, without respect to the rank, job title, or job assignment of that person. (e) "Law enforcement officer" means any person who is a peace officer as defined in Section 830.1 of, subdivisions (b) and (d) of Section 830.31 of, subdivisions (a), (b), and (c) of Section 830.32 of, subdivisions (a), (b), and (d) Of Section 830.33 of, subdivisions (a) and (b) of Section 830.35 of, subdivision (a) of Section 830.5 of, and subdivision (a) of Section 830.55 of, the Penal Code, without respect to the rank, job title, or job assignment of that person. (f) "Local agency" means any governmental subdivision, district, public and quasi-public corporation, joint powers agency, public agency or public service corporation, town, city, county, city and county, or municipal corporation, whether incorporated or not or whether chartered or not. that arc ~:ithin thc sccpc cf rcprc~cntaticn as dofincd in £ccticn (g) "Scope of arbitration" means economic issues, including salaries, wages and overtime pay, health and pension benefits, 3 of 7 8/18/00 9:29 AM sB 40~. Seflate-Bill - AMENDED http://info.sen.ca.gov/pub/bill/se...402 bill 20000810_amended_asm.html vacation and other leave, reimbursements, incentives, differentials, and all other forms of remuneration. The scope of arbitration shall not include any issue that is protected by what is commonly referred to as the "management rights" clause contained in Section 3504 'of the Government Code. Notwithstanding the foregoing, any employer subject to this title that is not exempt under Section 1299.9 may supersede this subdivision by adoption of an ordinance that establishes a broader definition of "scope of arbitration." 1299.4. (a) If an impasse has been declared after the parties have exhausted their mutual efforts to reach agreement over matters within the scope of arbitration, if and the parties are unable to agree to the appointment of a mediator, or if a mediator agreed to by the parties is unable to effect settlement of a dispute between the parties after his or her appointment, the employee organization may, by.written notification to the employer, request that their differences be submitted to an arbitration panel. (b) Within three days after receipt of the written notification, each party shall designate a person to serve as its member of an arbitration panel. Within five days thereafter, or within additional periods to which they mutually agree, the two members of the arbitration panel appointed by the parties shall designate an ................ panel T~ arbitration panel are unable to agree upon a chairperson, thc chalrpcrscn, person with experience in labor and management dispute resolution to act as chairperson of the arbitration panel. (c) In the event that the parties are unable or unwilling to agree upon a third person to serve as chairperson, the two members of the arbitration panel shall jointly request from the American Arbitration Association a list of seven impartial and experienced persons who are familiar with matters of employer-employee relations. The two panel members may as an alternative,, jointly request a list of seven names from the California State Mediation and Conciliation Service, or a list from either entity containing more or less than seven names, so long as the number requested is an odd number. If after five days of receipt of the list, the two panel members cannot agree on which of the listed persons shall serve as chairperson, they shall., within two days, alternately strike names from the list, with the first panel member to strike names being determined by lot. The last person whose name remains on the list shall be chairperson. (m~, n.,~..~ the oourse of the dispute resolution process initiated willfully engages in a strike against his or her employer that cndan ers pu .c safe ....................................... and may no~ bc reinstated cr returned to cmplc~ont cxccpC as a cmplcTce. (d) Employees as defined by this chapter shall not be permitted to engage in strikes that endanger public safety. (e) No employer shall interfere with, intimidate, restrain, coerce, or discrimina.te against an employee organization or employee because of an exercise of rights under this Eitle. (f) No employer shall refuse to meet and confer or condition agreement upon a memorandum of understanding based upon an employee organization's exercise of rights under this title. 1299.5. (a) The arbitration panel shall, within 10 days after its establishment or any additional periods to which the parties agree, meet with the parties or their representatives, either jointly or 4 of 7 8/18/00 9:29 A~ sB 40~. 'Sefiate. Bill - AMENDED http://info.sen.ca.gov/pubPoill/se...402 bill 20000810_amended_asm.html separately, make inquiries and investigations, hold hearings, and take any other action including further mediation, that the arbitration panel deems appropriate. (b) For the purpose of its hearings, investigations, or inquiries, the arbitration panel may subpoena witnesses, 'administer oaths, take the testimony of any person, and issue subpoenas duces tecum to require the production and examination of any employer's or employee organization's records, books, or papers relating to any subject matter in dispute before the panel 1299.6. (a) The arbitration panel shall direct that five days prior to the commencement of its hearings', each of the parties shall submit the last best offer of settlement as to each of the issues within the scope of arbitration, as defined in this title, made in bargaining as a proposal or counterproposal on thcsc issucs and not previously agreed to by the parties prior to any arbitration request made pursuant to subdivision (a) of Section 1299.4. The arbitration panel, within 30 days after the conclusion of the hearing, or any additional period to which the parties agree, shall separately decide on each of the disputed issues submitted by selecting, without modification, the last best offer that most nearly complies with the applicable factors described in subdivisi'on (c). This subdivision shall be applicable except as otherwise provided in subdivision (b). ................... c ............ ~, ......... parties .............. as a (b) Notwithstanding the terms of subdivision (a), the parties by mutual agreement may elect to submit as a package the last best offer of settlement made in bargaining as a proposal or counterproposal on those issues within the scope of arbitration, as defined in this title, not previously agreed to by the parties prior to any arbitration request made pursuant to subdivision (a) of Section .1299.4.. The arbitration panel, within 30 days after the conclusion of the hearing, or any additional period to which the parties agree, shall decide on the disputed issues submitted by selecting, without modification, the last best offer package that most nearly complies with the applicable factors described in subdivision (c). This subdivision shall bc applicab!c in bc subjcct thereto. (c) The arbitration panel, unless otherwise agreed to by the parties, shall limit its findings to issues within the scope of arbitration and'shall base its findings, opinions, and decisions upon those factors traditionally taken into consideration in the determination of wagcs, hours, and other tcrms and ~^~ o~ ~ ..... ~ those matters within the scope of arbitration, including but not limited to the following factors, as applicable: (1) The stipulations of the parties. (2) The interest and welfare of the public. (3) The financial condition of the employer and its ability to meet the costs of the award. (4) The availability and sources of funds to defray the cost of any changes in ....... ~ ....... cf cmplc~cnt matters within the scope of arbitration. {5) Comparison of wa§cs, conditions of employmcnt matters within the scope of arbitration of other employees performing similar services in corresponding fire or law enforcement employment. (6) The average consumer prices for goods and services, commonly known as the Consumer Price Index. 5 of 7 8/18/00 9:29 AM SB 403, Seria~e,Bill - AMENDED http:/?info.sen.ca.gov/pubPoill/se...402 bill 20000810_amended_asm.html (7) The peculiarity of requirements of employment, including, but not limited to, mental, physical, and educational qualifications; job training and skills; and hazards of employment. (8) Changes in any of the foregoing that are traditionally taken into consideration in the determination of wages, hours, and other terms and conditions of emploi~Lent matters within the scope of arbitration. ..JJ.~°aa ~,. ~/t~ Notw ctan ng ............ ~ ............... , ......................................... sm oycr may, przsr ...... as a part of a~ best offer of settlement, ..... =~.. ~..~ ~-~4 ~ that it ..... ~ ~ .... ~ m~ or ~ ability ts protect ~ public, ~"~-~ .......... a ~ eradicate any ~'~ ...... (b) Upon receipt ~ a ~ from ~ ~ ~ ..... ~ ....... ~ follcwing: . '~ Withdraw the last best offer ~ ~ .... ~ ~ ~ ...... ~ isszc ~4~ ~ ......... ~ ~ consideration (2) Serve notice cf an intent tc dispute thc basis of thc noticed .removal cf the issue included as a part cf thc last best offer cf ,~, .......... ~3~ organization ......~..~.... a ............. consideration, ................ ~ ........ ~ ~ .................... ...... cmplcycc crganization that ~ .... ~ ~ disputc ~ ha=is for +~.,~ noticed removal of any issuc ~.,= ....... ~..~~..~~ .,,~ ~. hearing in a court of competent u ................................. "~ th~ issue ' ~"~ ~ a ................. ............ lne ....... part ~ a ~ ~ ~ ~=~- ~ officer ts protect thc public.- 1299. 7. (a) The arbitration panel shall mail or otherwise deliver a copy of the decision to the parties. However, the decision of the arbitration panel shall not be publicly disclosed, and shall not be binding, for a period of five days after service to the parties. During that five-day period, the parties may meet privately, attempt to resolve their differences and, by mutual agreement, amend or modify the decision of the arbitration panel. (b) At the conclusion of the five-day period, which may be extended by the parties, the arbitration panel's decision, as may be amended or modif.ied by the parties pursuant to subdivision (a), shall be publicly disclosed and shall be binding on all parties , and, if specified by the arbitration panel, be incorporated into and made a part of any existing memorandum of understanding as defined in Section 3505.1 of the Government Code 1299.8. Unless otherwise provided in this title, Title 9 (co~encing with Section 1280) shall be applicable to any arbitration proceeding undertaken pursuant to this title. 1299.10. 1299.9. (a.) The provisions of this title shall not apply to any employer that is a city, county, or city and county, governed by a charter that was amended prior to January 1, 2001, to incorporate a procedure requiring the submission of all unresolved disputes relating to wages, hours, and other terms and conditions of employment within the scope of arbitration to an impartial and experienced neutral person or panel for final and binding determination, provided however that the charter amen~ent is not subsequently repealed or amended in a form that would no longer require the submission of all unresolved disputes relating to wages, 6 of 7 8/18/00 9:29 AM SB 402 Sen~,e, Bill - AMENDED http://info.sen.ca.gov/pub/bill/se...402 bill 20000810_amended_asm.html hours, and other terms and conditions of employment within the scope of arbitration to an impartial and experienced neutral person or panel, for final and binding determination. (b) Unless otherwise agreed to by the parties, the costs of the arbitration proceeding and the expenses of the arbitration panel, except those of the employer representative, shall be borne by the employee organization. .. 1299 ~1. This +~+]~ shall remain in ~^~+ only '~ ~ ........ ~ SEC. 3. The Legislature finds and declares that the duties of local agency employer representatives under this act are substantially similar to the duties required under present collective bargaining procedures and therefore the costs incurred by the local agency employer representatives in performing those duties are not reimbursable as state-mandated costs. 7 of 7 8/18/00 9:29 AM ^B203q ASsembly Bill- Status http:/?info.sen.ca.gov/pub/bill/as.../ab 2030 bill 20000814 status.html CURRENT BILL STATUS MEASURE : A.B. No. 2030 AUTHOR(S) : Correa. TOPIC : Public Employees' Retirement System: local safety memberbenefits. HOUSE LOCATION : SEN +LAST AMENDED DATE : 08/09/2000 TYPE OF BILL : Active Non-Urgency Non-Appropriations Majority Vote Required Non-State-Mandated Local Program Fiscal Non-Tax Levy LAST HIST..ACT. DATE: 08/09/2000 LAST HIST. ACTION : From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on P.E. & R. COMM. LOCATION : SEN PUBLIC EMPLOYMENT AND RETIREMENT HEARING DATE : 08/18/2000 TITLE : An act to add Section 21390 to the Government Code, relating to the Public Employees' Retirement System. I of 1 8/18/00 9:41 AM AB .2030~A,ssem~ly Bill - AMENDED http://info.sen.ca.gov/pub/bili/as...030 bill 20000809_amended_sen.html BILL NUMBER: AB 2030 AMENDED BILL TEXT AMENDED IN SENATE AUGUST 9, 2000 AMENDED IN SENATE JUNE 15, 2000 INTRODUCED BY Assembly Member Correa FEBRUARY 18, 2000 An act to add Section 20691.5 21390 to the Government Code, relating to the Public Employees' Retirement System. LEGISLATIVE COUNSEL'S DIGEST AB 2030, as amended, Correa. Public Employees' Retirement System: local safety member oontributlons bene f i ts Under the Public Employees' Retirement Law, a ccntract~..~ agency may pay~ ~ a portion .....................~,,~ rcquircd ~ ~ paid ...... ~ a member service retirement benefits for local safety members shall not exceed 75% or, in some cases, 85% of final compensation This bill would ~= o~.,~ California tc increase that benefit'limit to 90% of final compensation for local safety members who retire on or after January 1, 2001 Vote: majority.' Appropriation: no. Fiscal committee: no yes State-mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION i. Scetion 20691.5 is added ts thc Ccvcrnment Ccdc, to ~.~~nca~ = Notwithstanding ........ 20691 ........... ~ ....... ..~ ~ '1~ ~ ~= the normal District cf Scuthcrn California ~h~ pay ..... contributions rcquircd tc bc paid by its cmplcyccs pursuant tc this artic ~ The payments ~-~1 ~ ...... ~ ' ............. ~ ..... szmply as normal ..... ~ ..... ~ shall be ercditcd ..... ~^~ accounts SECTION 1. Section 21390 is added to the Government Code, to read: 21390. Notwithstanding Sections 21362, 21362.2, 21363, 21363.1, 21369, 21370, and 21389, for local safety members who retire on or after January 1, 2001, and with respect to all local safety service rendered to a contracting agency that is subject to any of those sections, the benefit limit shall be 90 percent of final compensation. 1 of'l 8/18/00 9:46 AM ~' ........ :~' AUG I ~ 2000 } August 11, 2000 ~ii ! Issue #5-2000 ::.'~ ::;-.~..~.~...:.::::.""~ analysis, commentary and updates on legislative and policy issues that affecl california Hot Bills . ASSEMBLY AMENDS SB 4'02 .TO FOCUS ON ..... to Watch ECONOMIC ISSUES ONLY · Early this week, the Senate sent SB 402 back to the Assembly without · ; SB 402 (Burton). taking any action on the measure. In the Assembly on Thursday, the vote to · · Compulsory and approve the measure was rescinded and Later that same day, new amend- · Binding Arbitration. ments were placed into the bill. The amendments reflect'the "agreement" · · Law Enforcement reached between the Governor and the proponents of the measure along -' and Firefighters. with the California State Sheriff's Association. ]~t is rumored that the · Sheriff's Association now supports the bill. For more, see page 2. · · AB 2412 (Migden). · [nternet Sates Ctarifi- -' cation. Dot Corn _' Subsidiaries. CITIES MUST ACT NOW TO INFLUENCE ALLOCATION OF $200 · MILLION FOR LOCAL FISCAL RELIEF · · "- With Less than three weeks Left in the Legislative session, Legislators -' have yet to decide how, when, or even if they will allocate the $200 million _I set-aside in the budget for LocaL fiscal relief. With many big issues compet- · ing for the Limited amount of attention remaining on the LegisLative agenda, · · cities need to let their legislators know loud and clear that this money -" should be released immediately for its intended purposemcriticattY · needed local relief. · · Want more deCors on these and other bills? When the budget was passed, the one-time $200 million was designated Log onto CITYLINK 2000, for Local government discretionary spending. It is time for the Legislature of~'cial Web site of the and the Governor to fulfill the promise of the budget and send money out to League of California cities and counties. Pick up the phone and cart your legislator to Jet Cities, at www. cacities, org them know you are waiting for your relief as promised by the budget and crick on Legis/ative Services. passed Last month. Page 2 SB 402 AMENDMENTS CONTINUED ~ .. Page 2 LEGISLATIVE BILL SUMMARIES www. cecilies.0rg_ Z SB 402 AMENDED from page 1 The amendments "narrow" the arbitrator's Adding Insult to Injury. Even more insulting authority to "economic issues" only. The new to cities, a "side deal" has been cut to give an amendments define "economic issues" as:: increase in the total amount of compensation a police or fire employee can draw from a PERS "...salaries, wages and overtime pay, health pension. Until Last year, there was a cap of 75 and pension benefits, vacation and other leave, percent of final compensation for a police or fire reimbursements, incentives, differentials, and employee. This cap was placed into taw to eh- all other forms of remuneration." courage early retirement in the safety services. Last year that cap was raised to 85 percentIa The Language is ripe for arbitrators to use . creative interpretations and open up discussions mandate that wit[ cost Local agencies approxi- to just about any issue they desire. The Language mate[y $800 million over a 30-year funding should be no comfort to Local §overnment offi- horizon. Now, under the SB 402 "side deal" the cials, cap will be raised to go percent. The mechanics of this increase wi[[ be included in AB The bill will now be set for a vote in the 2030(Correa). The details of the side deal are a Assembly on the amended version of the bill. The tittle murky, but it definitely benefits those who vote could take place next Week, but the Demo- have a longer Law enforcement career. Based on cratic convention will likely take many Legislators the cost estimates from the increase last year, out of town next week. It is likely that the vote this new benefit increase should pencil out to be will take place the following week-the week of approximately a $400 million cost over 30 years. August 21, 2000. (This is not an official number, but only a guessti- mate.) Legislative Bill Action The following are s'ummaries of just a few of the legislative bills that are currently being acted upon by the League of California Cities. The League encourages you to review the bills and contact the appropriate committees to demonstrate your support or opposition of issues that are important to your community. Your assistance is appreciated. IIIIIIIIIIIIIIIlIIIIIIIIIIIIIIIIIIIIIIlIIIIlIIIl'lllllllllllll. II · REVENUE AND TAXATION point as to wh'ethe'f he'Ll sign the bill AB 24'12 is nOw opposed by the American ELectronics Association, who wit[ be urging a veto on the bi[t. Sales tax-reliant cities AB 2412 (Migden). Internet Sa[es CLarification. Dot especially should lobby the Governor for signature on Com Subsidiaries. This bill now appears headed for the this measure. Staff: David 3ones, Status: SenFtr, Governors desk. Cities are urged to ca[[ or fax the Position: Support. Governors office asking him to sign the bi[[. AB 2412 wi[[ dose the loophole that allows existing companies currently doing business in California to create arms- TRANSPORTATION AND PUBLIC WORKS Length subsidiaries in order to avoid collection of use taxes on their dot corn sa[es. AB 2412 wi[[ clarify that AB 2156 (Pester[i). Public Contracts. Bidding you cannot jointly advertise, take returns, and act as anRequirements. On August 7 AB 2156 was gutted & agent for an out-of-state dot com subsidiary without amended. Existing taw requires specifications to collecting use taxes. The Governor is undecided at this provide for a period of time prior to the award of the PAGE 2/PRIORITY FOCUS Visit the League's Official Website--www. cacities.org · ~,, August 4, 2000 ,~ ,?.~., Issue lt4-2000 analysis, commentary and updates on legislative and policy issues, that affect california Hot B tts CITIES URGED TO TAKE TMMEDIATE ACTION TO OPPOSE ,,., to Watch SB 402 (BURTON) IN UPCOMING FLOOR VOTES · An apparent agreement on a compromise version of SB 402 has apparently been · SB 402. (Burton). ·· CompuLsory and developed between the proponents of the measure, police and fire unions, and the · Binding Arbitration. Governor's office. If passed, this [e§is[ation would mandate a system for compulsory ~. Law Enforcement and and binding arbitration on cities, counties and special districts ~or the resolution of · Firefighters. coEective bargaining disputes with police and fife employees. · · · AB 83 (Cardenas). It is the League's understanding that the new amendments would narrow author- m. Business License Tax. ity of the arbitrator to "economic issues" only. No Language is avaiLabLe yet to · Exemptions. · determine exactly how "economic issues" may be defined. From the beginning of this · · AB 24~2 (Migden). debate, the Governor has said he wiLL sign a bit[ mandating a system of compuLsory · Internet Sates Ctarifica-and binding arbitration on~y if it applies to "economic issues" only. For more, see · · Lion. Dot Cam Subsid- page 3. · iaries. · mmmmmmmmmmmmmmmmmmmmmmm · · AB 1784 (Lempert). · · Internet Tax Morato- LEAGUE ADOPTS POSITIONS ON · rium. Three-Year m_ Extension. NOVEMBER 2000 BALLOT MEASURES · · · SB 1637 (Burton). The November 2000 baLLot wit[ include eight propositions--five measures placed · Property Tax Shift. · on the baLLot by initiative and three measures placed on the baLLot by the LegisLature. · Growth Cap. · At their 3uty meeting, the League Board of Directors reviewed the eight measures and · adopted positions for seven of them. One measure was referred to po[icy committees Want more details on these and other bills? for additional anaLysis and recommendation. The Board wiLL act on that measure Log onto CZTYLZNK 2000, when Jt meets ~n September. The fotLowJng 1s a summary of propositions and League oj~'cial Web site DJ: the positions. For additional information about the measures, Log on to the Secretary of League o~ California State's website (www. ss.ca.gov) and/or the LegisLative AnaLyst's webs~te Cities, at www. cacities, org (www. tao.ca.gov). For more, see page 2. and click on Legislative Services, Page 2 BALLOT MEASURES CONTINUED Page 2 E-GOVERNMENT FOR EFFICIENCY AND SERVICE Page 3 sa 402 ACTION CONTINUED I- Page 4 LEGISLATIVE BILL SUMMARIES Z Page gFEDERAL LEGISLATION www. cacities.org _ SB 402 ACTION from page 1 The Process. The bill currently rests on the Senate 1. Budget Buster. SB 402 is a budget buster. It will floor where the Senate is being asked to either concur or result in higher wages and fringe benefits for the highest non-concur in the Assembly amended version of SB 402. To paid police and fire employees in the nation. The only way amend the bitt and place the "agreement" in the legislation, to meet a budget busting arbitrators awards is to reduce the Senate wit[ have to non-concur on the Assembly version other non-public safety services such as libraries, parks and of the bit[. This vote establishes a Conference Committee recreation, etc. on SB 402 where the legislation can be amended. Tf this is 2. Citizens/Taxpayers are Excluded. This measure takes the route chosen by the sponsors, the floors of both the local government citizens and taxpayers out of these local ' Senate and Assembly wilt be asked to vote on the Confer- decisions and substitutes an arbitrator with no accountabi~- ence Committee report on SB 402. The likelihood of one ity. more vote in each house presents an opportunity for city · officials to, once again, voice opposition to the legislation. 3. Double Standard. This measure applies to local public The proponents, of course could choose another vehicle and safety employees, but excludes state safety employees. amend the agreed upon language into another vehicle and The only conclusion to this double standard is that the then send it to the Governor. state is not wilting to relinquish its budget control to an arbitrator, but is more than witting to relinquish local 'The Votes. Action is expected to take place during the control of budgets. week of August 7 when the Legislature returns. The "agree- ment'' with the Governor makes the votes in each house ' ' ' ' ' ' · · ' ' ' · ' · ' · · · ' · · · ' ' ' ' ' · · ' more "mat." The Assembly vote in late June may have · · SB 402 VOTE COUNT CORRECTION reflected the attempts of some members to seek po[ice and · fire union favor, knowing the Governor was going to veto · · Immediately after the vote was taken on SB 402, the bitt in its previous form. If the Governor is now going · the League sent a FAX to att cities with the final vote to sign the amended version of the bill, the upcoming vote · · count. After a bitt has been declared to have passed "reaUy counts!" City officials need to make one more run at · · the Assembly, there is an opportunity for members to this measure and TT NEEDS TO BE AN ALL OUT EFFORT! · · add on to a rott call or change their votes before the · final count is recorded, as tong as the outcome of the What to Do! City officials need to:. · · bill is not changed. On SB 402, some changes were 1. Contact newspapers and other media and alert them to · · made to the final vote count. UnfortunateLy, a number the recent developments. Give the media a copy of the · of members added AYE votes on the bill. who were resolution passed in your city against SB 402. previously recorded as not voting. Abm Assembly 2. Contact Assembly and Senate representatives and ask Member Sam Aanestad went from not voting to a NO for a NO vote on SB 402! vote on the measure. The following is the final, recorded vote on SB 402: 3. Seek and secure community groups, Ubrary and park supporters, Chambers, etc., to support the city's effort. AVES: Atquist, Aroner, Battin, Bock, Briggs, Catderon, Cardenas, Cardoza, Ceditto, Corbett, Correa, Cunneen, Davis, Ducheny, Durra, 4. Ask poUce and fire chiefs to join in this effort. Firebaugh, Floyd, Gattegos, Grantund, Hertzberg, Honda, House, 3ackson, Keetey, Knox, KuehL Lempert, Longvitte, Machado, Maddox, Matdonado, S. Write the Governor and urge a VETO of the legislation Mazzoni, Migden, Nakano, Ol~erg, Pacheco (Robert)~ Pacheco(Rod), Papan, Pescetti, Reyes, Romero, Shelley, Steinberg, Stricktand, Thomson, along with urging him to stand up for the taxpayers and Tortakson, Viltaraigosa, Vincent, Washington, Wayne, Wesson, Wiggins, against hypocrisy. Witdman, Wright, Zettet The Messages. There are 3 hard messages the League NOES: Ackerman, Ashburn, Batdwin, Bates, Baugh, Brewer, Campbell Cox, Dickerson, Frusetta, Leach, Leonard, McCUntock, Otter, Runner, is asking city officials to deliver to members of the Legisla- Thompson ture, the Governor and the media: Absent/Abstaining or Not Voting: Ftorez, Havice, Katoogian, Lowenthat, Margett, Scott, Strom Martin, (vacancy) Visit the League's Officiat Website--www. cacities.org PRIORITY FOCUS/PAGE 3 Leaque of California (]ties ADMINISTRATIVE ANALYST ~ I~O0 ~ Str~t 3~c:r~mcn~o, CA P58L~ ........ g10.6~8,8200 ............................... FAX g ~6 658.82~0 ~t~r Ci~{es-A Bet~c~ Life www. cnc~tics, o~ July 6, 2000 TO: Mayors, Council Members and City Managers RE: ~ompulsory and_Bindin~ Arbitration. SB 402fBurton) - Passes Assembly o_n 5.1 {'Ayes) to 15..(Noes) an..d 14 (Not Voting). Late this morning, the Assembly passed .SB 402 with a convincing 51 aye votes. The floor leader on tl~e bill was Assembly Member Antonio Villaraigosa. This legislation is the quintessential local government or local control vote. The Legislature recesses on July 7, 2000 for a month before they come back for the final 4 weeks of the session, You may want to talk to your Assemb]y Member about his or her vote on this issue. The vote was as follows: AYES 1'51) Alqnist, Aroner, Battin, Bock, Brlggs*, Calderon, Cardenas, Cardoza*, Cedillo, Corbctt~', C0rrea, Cuneen~ Davis, Ducheny, Durra*, Firebaugh, Floyd, Gallegos*, Granlund*, Hertzberg, Honda*, ltoune, Jackson, Kelley, Knox, Kuehl, Lempert*, Longviile*, Maddox*, Maldonado% Mazzoni, Migden~ Nakano*, Olberg, Papan*, Pcscettl, Reyes, Romero, Shelley*, Steinberg~, Striekland~ Thomson*, Torlakson% Villaraigosa, Vincent*, Washington, Wayne, Wesson, Wiggins*, Wiidman and Zettel, NOES (!5) Ackcrman*, Ashburn% Baldwin, Bates*, Baugh, Brewer, Campbell, Cox*, Dickerson*, Frusetta, Lentil, Leonard, MeClintock, Runner*~ and Thompson. NOT VOTING (13.) Aanestad, Florez, Kaloogian, Havice, Lowenthai*, Maehado, Margett*, Oiler, Robert Pacheeo*, Rod Pachceo, Scott, Strom-Martin and Wright. * Asterisk notes former city or county elected official Page Two: SB 402 The bill now goes to the Senate for concurrence in Assembly amendmelats. It is minored that the bill will be parked in the Senate for the recess period and taken up for a vote some time after t[~ey ret~ma on August 7, 2000 and bet'ore they adjourn on Aut,mst 31, 2000. The Governor's position on this particular version of SB 402. is not cle,'tr, but if bis past pronouncements are still mae, then he should veto the bill. This cannot be taken fo~r granted.! The message to the Governor is: VETO!!! ~ .:.{. i!i:?ii'~ ~i City Council City M ag an er City Attorney League of California Cities From: Mayor Bob Price Following is an article I authored and sent to The Bakersfield Californian on July 6, '1999, regarding Binding Arbitration:: Binding arbitration, a bill being put forth by Senators Burton and Villaraigosa (SB 402), is not good government nor in the best interests of the;taxpayers of this state. It removes the decision making on major budgetary items from officials elected by the people to an appointed arbitrator. A Milwaukee arbitrator made this statement: "The evidence would indicate that there are surplus funds available from which the Association's economic demands, if awarded, can be paid. Additional funds, if necessary, can be borrowed ar)d, further, if the bottom line consists of having to raise taxes, though distasteful, that may well have to be done." (Government Employee Relations Report, October 22, 1979.) In that instance, the arbiter, an appointed official, indicated that his decision could caUse the raising of taxes, removing that authority from the elected body. In California, the local elected body cannot raise taxes. Therefore, it would cause the reduction of other essential goyernment services. As I said, it takes away the ability to manage from those elected to do so. Consider the following statement by a California arbitrator who works in the public sector in.regard to the question of accountability: "1 am not politically accountable, number one, which raises substantial questions. I Can come in knowing nothing about the particular circumstances, and if they fail to educate me fully, I could easily make a grievous error." (Testimony of University of California Law School Professor, Charles Carder, December 9, 1981.) Binding arbitration is supposed to stop strikes by public safety employees; however, strikes by those employees are illegal in California at the present time. Yet, there are several recorded instances where strikes by public safety employees have occurred, seemingly without penalty. Why would arbitration p~event that. which is already illegal? Arbitration essentially bypasses the collective bargaining process, which is what the law requires for employees and their 'employers to use in working out matters of salary, benefits, etc. Obviously, if either the employee or the management felt that they had a .strong case, they would throw it to impasse and go straight to arbitration, this, rather than making those tough decisions and coming to an agreement. June 30,1999 The Honorable Jim Costa California State Assembly Capitol Building #5100 Sacramento, CA 95814 "" Re: Opposition to SB 402 (Burton) Compulsory and Binding Arbitration Dear Senator Costa: The City of Bakersfield is opposed to SB 402., compulsory and binding arbitration for the resolution of collective bargaining disputes with police and fire employees. The portion of the bill which allowed local jurisdiction to "opt-out" through an election with voter approval has been removed. In its amended form of June 28, SB 402 mandates cities, counties and special districts into compulsory and binding arbitration with employee organizations picking up the cost of the arbitration process. This payment by employee organizations is a clear attempt to get around mandated COsts in the legislation. Through this bill, more than half of a full-service city's budget could be placed in the hands of an outside, non-elected, unaccountable arbitrator. This poses an enormous problem for community accountability in local government. Please oppose SB 402. This bill forces a system of compulsory and binding arbitration on local government for the resolution of collective bargaining disputes with police and fire employees-- to the detriment of the community. Yours truly, Mayor BP/ndw cc: City Council Alan Tandy, City Manager Eric Matlock, Chief of Police Ron Fraze, Fire Chief Trudy Slater, Administrative Analyst .1501 Truxtun Avenue · Bakersfield, California 93301 · (805) 326-3770 ° Fax (805) 326-3779 BAKERSFIELD PUBLIC WORKS DEPARTMENT MEMORANDUM DATE: August 17, 2000 TO: Alan Tandy, City Manager FROM: Raul Rojas, Public Works Director ~ SUBJECT: California High Speed Rail Authority Public Works Department staff attended the August 16, 2000, Board Meeting of the California High Speed Rail Authority. The following are the main points of that meeting: 1. The Final Business Plan was issued in June 2000. This ends Phase 1 of the Authority's work. The Authority is starting work on Phase 2, which is conducting Environmental Impact Reports and Engineering Studies for the five different corridors. The Board approvedissuing Request For Proposals for that work on three of those corridors - Bay Area to Merced, Sacramento to Bakersfield, and Bakersfield to Los Angeles. Authority staff are planning on have those proposals reviewed so that award of agreements can be made at the Board's October meeting. 2. The Board approved award of an agreement with Parsons Brinkerhoff for the Program Management of Phase 2. The scope of work under this agreement is to coordinate the efforts of the various consultants doing the EIR's / Engineering Studies and to compile those reports into a final report. 3. The Board discussed SCAG's proposal to obtain a federal grant to construct a magnetic levitation high speed rail system (MagLev) in Southern California. The Board has adopted a position that MagLev is an un-proven technology. If SCAG receives their federal grant, the Board is concerned that they will have to also implement MagLev technology in their system so that the two will be compatible. The Board instructed their staffto draft a letter to the State Legislature / Governor asking for direction on how to proceed should that situation become a reality. SB 2019 deals with SCAG's MagLev system. 4. Our City staff person in attendance at this meeting inquired as to when we should begin meeting with the Authority to determine a location for a high speed rail station in Bakersfield. The Board stated that now is the time to begin those discussions and instructed us to contact their Deputy Director. That contact will be made in the near future. The Authority's Executive Director stated that they are also working through the COG's to obtain input from the w~rious metropolitan areas. But he also emphasized the importance of the Authority staying in contact with the individual cities since high speed rail will have a major economic impact on the cities it serves. The Board's next meeting will be in October 2000 in San Francisco. S:~ROJECTS~ARNOLD~'IIGH SPEED ILAIL~Aulhority Board Mectings\Tandy 08_17_00 wpd BAKERSFIELD PUBLIC WORKS DEPARTMENT MEMORANDUM TO: ALAN TANDY, City Manager FROM: RAUL ROJAS, Public Works Director j/,,~ _ DATE: August 25, 2000 SUBJECT: Widening State Route 178 Council Referral WFO018'570 / O01, Mayor Price Mayor Bob Price requested staff review the issue of widening State Route 178 and how can we encourage the State to expedite the project. Staff is developing and compiling data regarding the widening of State Route 178 from Fairfax Road easterly to Rancheria Road and will be sending a letter to Caltrans next week requesting consideration of the project. Caltrans currently has a project to construct shoulders on this section of roadway, but this project is not slated for construction until 2004. Staff has previously transmitted a letter to Caltrans District 6 Director Bart Bohn requesting this shoulder project be expedited, and staff will now propose that this shoulder construction project be modified into a road widening project. Finally, this roadway widening project has been submitted to Assemblyman Dean Florez as one of several candidate projects proposed for a trailer bill to Assembly Bill 2928. Assembly Bill 2928 was recently approved by the State Legislature and allocated additional funding for local streets and roadways. RECEIVED CC: Jacques R. LaRochelle, Engineering Services Manager tdw:S:~TED~OOOmemo\O82500at.wpd CITY MANAGER'S O~':~'.. City of Bakersfield *REPRINT* WORK REQUEST PAGE 1 REQ/JOB: WF0018570 / 001 PROJECT: DATE PRINTED: 8~18~00 REQUEST DATE: 8/ 16/00 CREW: TIME PRINTED: 16:15:00 SCHEDULE DATES LOCATION: ~TA~'Z: ~16~0~ LOCATION ID: ZIP CODE: COMPLETION: 8/24/0 GEN. LOC: FACILITY NODES FROM: FACILITY ID: TO: REF NBR: REQ DEPT: CITY COUNCIL REFERRAL PRIORITY: HIGH REQUESTOR: MAYOR ORIGIN: CITY COUNCIL REFERRAL USER ID: RBARAVHAR WORK TYPE: REFERRAL DESCRIPTION: WIDENING HIGHWAY 178 REQUEST COMMENTS ***REFERRAL TO PUBLIC WORKS***' MAYOR PRICE REQUESTED STAFF REVIEW THE ISSUE OF WIDENING HIGHWAY 178 AND HOW CA/q WE ENCOURAGE THE STATE TO EXPEDITE. Job Order Description: WIDENING HIGHWAY 178 ~ , Cat~gory: PUBLIC WORKS TasK: RESPONSE TO REFERRAL Assigned Department: PUBLIC WORKS START DATE __/__/__ COMPLETION DATE / /__ From: Pam McCarthy To: Alan Tandy Date: Wednesday, August 23, 2000 12:00:08 PM Subject: Re: would you get me a list of the ad hoc members that have been appOinted- by who appointed please Alan, Here's the info as of last night: DeMond = Robert Ortiz & Je~-ry Randall Couch = Art Carlock & Paul Ricker Carson = Isaiah Crompton & Darwin Young Davenport = Sharon Baker & Dee Slade BAKERSFIELD PUBLIC WORKS DEPARTMENT MEMORANDUM TO: ALAN TANDY, CITY MANAGER FROM: RAUL ROJAS, PUBLIC WORKS DIRECTOR ~,. /~.. DATE: AUGUST 25, 2000 SUBJECT: PAVING ON LOTUS LANE Council Referral # WF0018571 ICouncilmember Carson referred to Public Works the issue of uncompleted paving and curb/gutters on Lotus Lane and requested a report back. In 1998/99 the Economic & Community Development Department (ED/CD) obtained funding for street improvements in the Casa Loma area, which includes Lotus Lane. Funding was for installation of curb, gutters and street resurfacing. However, to date, these funds have been depleted, leaving three streets within this area uncompleted. In addition, there are water lines, within these streets, that the California Water Company was going to replace. Staff will contact the Water Company to see if they are still going to perform their work and we will again seek funding from ED/CD for completion of street improvements for the remaining three streets. City of Bakersfield *REPRINT* WORK REQUEST PAGE 1 REQ/JOB: WF0018571 / 001 PROJECT: DATE PRINTED: 8~24~00 REQUEST DATE: 8/16/00 CREW: TIME PRINTED: 14:37:33 SCHEDULE DATES LOCATION: Z16Zo LOCATION ID: ZIP CODE: COMPLETION: 8/24/0 GEN. LOC: FACILITY NODES FROM: FACILITY ID: TO: REF NBR: REQ DEPT: CITY COUNCIL REFERRAL PRIORITY: HIGH REQUESTOR: CARSON ORIGIN: CITY COUNCIL REFERRAL USER ID: RBARNHAR WORK TYPE: REFERRAL DESCRIPTION: PAVING ON LOTUS LANE REQUEST COMMENTS ***REFERRAL TO PUBLIC WORKS*** CARSON REFERRED TO PUBLIC WORKS THE ISSUE OF UNCOMPLETED PAVING AND CURB/GUTTERS ON LOTUS LANE AND REQUESTED A REPORT BACK. Job Order Description: PAVING ON LOTUS LANE Category: PUBLIC WORKS Task: RESPONSE TO REFERRAL Assigned Department: PUBLIC WORKS START DATE / / COMPLETION DATE / / BAKERSFIELD PUBLIC WORKS DEPARTMENT MEMORANDUM TO: PAT DEMOND, COUNClLMEMBER FROM: RAUL ROJAS, PUBLIC WORKS DIRECTOR ~;~~c~ DATE: AUGUST 24, 2000 SUBJECT: SEWER BACKUP AT 2312 24TM STREET MRS. JULIE YOUNG, PROPERTY OWNER The City's sewer main which is located in the easement north of 24th Street between Alder Street and Bay Street serves Mrs. Julie Young's residence at 2312 24th Street. This sewer line, along with other lines in the area, was rehabilitated in 1994. The method used consisted of installing a liner inside the existing pipe. During this process, the liner was cut at each sewer lateral connection to allow proper drainage from each home. Sewer Maintenance staff recently video inspected the line and found that extremely rough edges were left on the liner in several areas downstream from where Mrs. Young's sewer lateral is connected. Since specialized equipment is needed to correct this problem, the City has contracted Sancon Technologies to correct the defects in the liner. The Contractor will perform robotic trimming of excess liner pipe at various laterals and robotic grinding of rough areas or attached shavings withing the pipe liner. These repairs will attempt to restore full: drainage, allow better main flow characteristics and prevent future chances of blockages. Sancon will start their work on September 5, 2000. They will complete their work by September 14, 2000.! Sewer Maintenance staff has completed the Hydro-cleaning of the sewer lines within this, area and they have scheduled a more frequent inspection (weekly) of the sewer line that serves Mrs. Young's '~residence. In addition, the sewer line will be video inspected after Sancon completes their work and the weekly inspection schedule will continue. We will keep you abreast, periodically, in regards to this matter. c: v~ Alan Tandy, City Manager Mrs. Julie Young 2312 24t' Street Bakersfield, CA 93301 AUG 2 2l]( i'CITY MANAGER'S OF''~ .. ~-~'dl ~~ouncilmember Pat DeM~-2'§1-0167 From: Maria Peralez To: Raul Rojas Date: Wednesday, August 09, 2000 3:06:41 PM Caller: Councilmember Pat DeMond Company: Ward 2 Phone: 281-0167 [*] Telephoned [ ] Please call [ ] Will call again [ ] Returned your call [ ] Wants to see you [ ] Came to see you [] Urgent Complaint by: Ms. Julie Young 2312 24th Street Bakersfield, CA 9330t Home phone No, 327-5133 Cellular phone No. 331-9559 Regarding backed up sewer (recurring problem). Over the years (3-4 years) their basement gets backed up with sewage. Evidently City found an obstruction that was causing the problem and had it cleaned out. This inquiry came up and Ms. Julie Young requested something in writing from the City to her about the problem. Councilmember Pat DeMond requested something in writing either directly to Ms. Young with copy to her; OR, via memorandum to Councilmember DeMond with copy to Ms. Young. BAKERSFIELD PUBLIC WORKS DEPARTMENT 1501 TRUXTUN AVENUE BAKERSFIELD, CALIFORNIA 93301 (661) 326-3724 RAUL M. ROJAS, DIRECTOR . CITY ENGINEER August 21, 2000 Ms Julie Moralez 15924 Clarisse Street Bakersfield, CA 93312 Re: Letter on Traffic concerns on 24th Street and Rosedale Highway Dear Ms Moralez: I recently received a copy of your letter to the City regarding traffic congestion on 24th. Street (State Highway 178) and Rosedale Highway (State Highway 58). I agree that a good way to handle excess traffic on Highway 178 and on Highway 58 is to develop additional east-west roads. This is one reason the Kern River freeway alignment was first considered. In addition, other possible alignments and routes, such as the extension of Hageman Road to Golden State, are being studied through the Bakersfield System Study, now in progress. Although your suggestion of West Columbus or 34th Street pushing through the Metropolitan Recreation area, Pioneer Village and the museum had not been initially considered, I will forward your letter to the consultant for their consideration in the system study. Mr. Jack LaRochelle, 326-3724, is in charge of the project as the City's representative. Your letter also mentioned concern about Olive Drive. Olive Drive is an arterial.road and - a major street. From Highway 99 to Coffee Road, Olive Drive has four lanes, two in each direction, plus parking for the residences and is separated by a wide median. This section of Olive Drive is in the County and not maintained by the City. West of Coffee Road, Olive Drive is in the City and continues to the west as an arterial road of 110 feet wide. It is designed to have six lanes of traffic, with no parking, west of Coffee. The road does not "cut off" as you stated in your letter, but simply ends at the extent of current development near the golf course and the canals. As development occurs to the west, Olive will be extended around the golf course and across the canals to the west side of the metropolitan area of the City. Plans are currently under review for developers to construct more of Olive Drive to the west over the next year or so, depending on when the canal bridges are built. You also mentioned the need for Brimhall to be widened. The widening of Brimhall is a priority project. Another phase of the project was started last year, with plan completion in progress, to widen from one to two lanes westbound from Coffee. The road does not reduce to one lane as it nears Coffee. A couple of years ago, the eastbound direction was widened from one lane as it approaches Coffee with multiple lanes to handle the traffic demand at the intersection. The road is expected to be at full designated width in a few years as the remaining undeveloped areas are completed by land developedproperty owners. I agree that it can be frustrating to have to invest money in studies regarding traffic problems when §olutions sometimes seem obvious. But the reality exists that funding is not available from the Federal or State sources unless the planning and studies are done up front to confirm that proposed solutions will work and that other alternative solutions are not feasible. I hope I have been able to answer some of your concerns about the future of transportation in the metro area. We strive to maintain a high standard of our quality of life in Bakersfield and improvements to our transportation systems are key to that goal. Thank you for your input and participation. Very truly yours, Raul M. Rojas Public Works Director by Stephen L. Walker Traffic Engineer cc: Alan Tandy, City Manager Jack LaRochelle, Engineering Services Manager Raul Rojas, Public Works Director S:\VVP\CC_R EFS~24th_RosedaleHwy_MoralezLtr. responseLtr.wpd From: Alan Christensen To: Rhonda Smiley 'Date: Tue, Aug22, 2000 2:59 PM Subject: DeMond Referral WF0018561 F. DC9 Per a request from Pat Demond, EDCD has assigned Donna Barnes to attend the Aug. 28th meeting on the sUbject: "will the streetscaping project.affect your business?" From: Vicki Fagot To: Rhonda Smiley Date: Thu, Aug 24, 2000 11:17 AM Subject: FYI Police ' 1. Regarding the Meeting on the 28th - Tentative participants are Capt. Wahl and Officer Elizabeth Luckhardt I have left a message on Captain Wahl's Voice Mail and will confirm with you today. Public Works: Arnold R~mming August 23, 2000 Engineer/Manager " Kern Delta Water District 501 Taft Highway Bakersfield, CA 93307 Dear Mr. Mulkay: The agreement between Kern Delta Water District, Castle & Cooke, Mountain View Properties, and City of Bakersfield to .relocate north and south Buena Vista-Canal properties sets the stage for new growth in the area. Open canals cause exposure to risk, both as physical hazards to residents/children and as a liability issue for the canal agency. These exposures would not occur if canals were fenced. As a community advocate, I am writing this letter to encourage you to place fences along the residential and school areas near the canal for increased safety as well as to discourage youngsters from playing in the canal water. I know that as an important and integral'member of our community, you have the best. interests of the neighborhood at heart. If you were to build, or cause a fence to be built, a fence. along the new canal, it would not only ensure the safety of the neighboring residents and children but would also greatly enhance Kern Delta's stature within the community as a local leader and an upstanding role model. I would be happy to talk to you at your convenience about my request for fencing specifically along the along the Buena Vista Canal, and other canals which are near residential and school areas. Sincerely, -- Mike Maggard Counoilmember /~?xq~,~- ,,~,. '~ Ward 3 (P:~KernDeltaWaterDistrict) cc: Mayor and City Council City Manager Alan Tandy City Attorney Bart Thiltgen Water Resources Manager Gene Bogart Administrative Analyst Trudy Slater ~ City of BakerSfield *REPRINT* ~ WORK REQUEST PAGE 1 ~EQ/JOB: WF0018559 / 001 PROJECT: DATE PRINTED: 8~18~ REQUEST DATE: 8/16/ CREW: TIME PRINTED: 14:56:2' SCHEDULE DATES LOCATION: $'r~%/~'~': ~16~0 LOCATION ID: ZIP CODE: COMPLETION: 8/24/0, GEN. LOC: FACILITY NODES FROM: FACILITY ID: TO: REF NBR: REQ DEPT: CITY COUNCIL REFERRAL PRIORITY: HIGH REQUESTOR: MAGGAR/D ORIGIN: CITY COIINCIL REFER/~AL USER ID: RBARNHAR WORK TYPE: REFERRAL DESCRIPTION: CONSTRUCTION OF FENCE ALONG CANAL REQUEST COMMENTS ***REFERRAL TO TRUDY SLATER*** MAGGARD REQUESTED' STAFF TO DRAFT CORRESPONDENCE ENCOURAGING THE WATER AGENCY REGARDING CONSTRUCTING FENCING ALONG THE CANAL NEAR SCHOOL SITE. Job Order Description: CONSTRUCTION OF FENCE ALONG CANAL ~at~gory: CITY MANAGER .TasK: RESPONSE TO REFERRAL Assigned Department: CITY MANAGER START DATE / / COMPLETION DATE / / BAKERSFIELD FIRE DEPARTMENT .~ MEMORANDUM To: Alan Tandy, City Manager From: Ron Fraze, Fire Chief Date: August 24, 2000 Subject: Council Referrals Councilmember Maggard requested information on emergency room space. Because. this is a complex issue, I recommend a Council Workshop. Russ Blind, Interim EMS Director, will lead the Council workshop on September, 27, 2000. A citizen inquiry to Councilmember Salvaggio regarding a potential fire hazard was answered by a letter from my department. A copy of the letter is attached. CITY MANAGER'S 2000 ,; B A K E R S F I E L D ;ITYMANAGER'SOi RISK MANAGEMENT MEMORANDUM August 18, 2000 TO: Alan Tandy FROM: Scott Man e~r,r, R~'sk Manager SUBJECT: Council Member Inquiry Regarding Workers' Compensation The City of Bakersfield is essentially self insured for workers' compensation. There is a $300,000 deductible per claim. The City contracts with a 3rd party firm for the administration of the workers' compensation claims. All initial paperwork and bill paying are handled internally by Risk Management, however. I have enclosed a chart that compares workers' compensation claims experience of the City of Bakersfield with that of other similar-sized California cities (based on the number of full-time equivalent employees)contained in'a database compiled from publicly available data submitted to the Department of Industrial Relations. The City of Bakersfield corresponds to City 130. Out of 150 cities, the City of Bakersfield is ranked 95 out of 150 (150 represents the highest frequency of claims per 100 full time equivalent employees). The charts separate cities by employee size - large, medium and small. Bakersfield is in the "large city" category. Of the 26 Cities in the large category, Bakersfield ranks 9th best (lowest) in claims frequency per 100 full time equivalent employees. Let me know if there are any questions regarding the charts. I think they show that the City of Bakersfield is in good .standing when compared to cities of similar size. Most certainly, the City's many safety and safety incentive programs contribute to this good result. $:~5COTT\Wc-comparison.wlXt ARM TECH ..~ BENCHMARK COMPARISON OF CALIFORNIA CITIES ': '3> LARGE CALIFORNIA CITIES (Greater than 700 FTE) }> CLAIMS CALIFORNIA ':~ Z CALIFORNIA FREQUENCY CITY · i! ~) CITY PER 100 FTE RANK 71 m (1) (2) (3) ':?i ~ City 125 16.99 93 '..-, City 126 15.39 78 '~-, _;~ ,' City 127 11.06 22 i'ii r./') City 128 12.12 33 ;!~ :;x;: City 129 15.60 . 80' i~i ~ City 130 17.59 95 · ,~ ~> City 131 26.34 142 :~;i! Z City 132 - 24.51 135 .~.:i ~ City 133 '27.43 146 :~ O City 134 26.87 144 ~.:~ m City 135 19.87 117 i;~ ~ City 136 19.71 116 ::.i m City 137 25.31 138 . i! ' Z City 138 15.74 84 ,'.'~i --4 City 139 19.05 110 ..¢ · ~i -~ City 140 12.53 36 .';i m City 141 20.11 118 i:ii ~ City 142 19.13 111 T City 143 18.27 100 Z__ City 144 20.85 124 ~ O City 145 12.12 32 (:::: City 146 18.87 109 '.;~ m City 147 18.70 107 ~i ~ City 148 18.30 102 ¢ City 149 20.77 123 ,:i Z City 150 21.49 127 ,;i O MEDIAN 19.05 -:i ::: .,, (3) is based on 150 California cities. A rank of 150 indicates the highest frequency per 100 FTE. ARM TECH .':i BENCHMARK COMPARISON OF CALIFORNIA CITIES :'.i 3> MEDIUM-SIZED CALIFORNIA CITIES (Between 250 and 700 FTE) ."ii }> CLAIMS CALIFORNIA CLAIMS CALIFORNIA '::.i Z CALIFORNIA FREQUENCY CITY CALIFORNIA FREQUENCY CITY il(''} CITY PER 100 FTE RANK CITY PER 100 FTE RANK '~ m (1) (2) (3) (1) (2) (3) ;';ii ~ City 78 15.62 81 City '102 16.96 92 ';'~ City 79 12.55 37 , City 103 14.03 56 ~':':'~ ;O City 80 '25.33 139 City 104 15.64 82 ;i!i ~ City 81 1,.5.84 86 City 105 17.06 94 ~ City 82 21.12 125 City 106 22.31 130 '~"~ 7 121 ::'ii~> City 83 11.56 25 City 107 20.68 City84 13.49 49 ; City 108 13.30 45 :~I Z City 85 10.29 13 : City 109 27.79 147 -:~ ,~ ~> City86 14.93 72 i City 110 13.81 52 ~"~ O City 87 15.58 79 City 111 14.50 66 :'i m City 88 22.89 132 City 112 18.46 105 'ii ~ City 89 11.78 29 City 113 18.72 108 m City 90 - 13.34 47 City 114 20.49 120 i Z City 91 10.32 15 City t15 15.81 85 '~ City 92 10.81 20 ; City 116 14.37 62 --~ City 93 25.49 140 ~ City 117 28.08 148 ,~ m City94 14.87 71 iCity 118 20.48 119 :iii L'~ City 95 14.14 60 ' City 119 32.52 ' 149 ii~ T City96 24.05 134 City 120 14.13 59 '~I ._' Z City 97 18.61 106 City 121 14.74 68 ~ l~) City 98 13.96 55 City 122 26.02 141 'I (:~ City 99 14.44 63 City 123 19.13 112 ~ m City 100 22.62 131 City 124 23.97 133 ~! or) City 101 12.68 40 MEDIAN 15.64 ~ .' (3) is based on 150 California cities. A rank of 150 indicates the highest frequency per 100 FTE. ARM TECH BENCHMARK COMPARISON OF CALIFORNIA CITIES ~' ~> SMALL CALIFORNIA CITIES (Fewer than 250 FTE) . ~> CLAIMS CALIFORNIA CLAIMS CALIFORNIA CLAIMS CALIFORNIA · Z CALIFORNIA FREQUENCY CITY CALIFORNIA FREQUENCY CITY CALIFORNIA FREQUENCY CITY -i!:i (~) CITY PER 100 FTE RANK CITY PER 100 FTE RANK CITY PER 100 FTE RANK ' ',~i m (1) (2) (3) (1) (2) (3) (1) (2) (3) ~ City 1 8.26 5 City 27 13.32 46 ........ City 53 14.87 70 ~:~ City 2 8.03 4 City 28 11.73 28 City 54 15.97 87 :.i!ii ~ City 3 27.05 145~ City 29 10.75 19 City 55 14.72 67 ::!~ ~ City4 14.75 69 City 30 15.30 76 City 56 . 15.67 83 :.:~ City 5 6.56 1 City 31 19.61 115 City 57 14.26 61 ':';:i :~ City6 24.69 136 City 32 14.03 57 City 58 13.07 43 '.!ii ~]> City 7 11,58 26 City 33 15.20 73 City 59 12.67 39 Z City 8 9.05 8 City 34 13.70 50 City 60 20.69 122 ,,:;~ ~:, City 9 18.09 98 City 35 '16.16 89 City 61 19.16 113 O City 10 8.73" 6 City 36 10.7 ! 17 City 62 11.82 30 m City 11 13.38 48 City 37 7.44 2 City 63 15.28 75 :~;;i :~. City 12 11.47 24 City 38 14.12 58 City 64 16.77 91 ..¢ r-n City 13 11.15 23 City 39 14.44 64 City65 9.58 10 ?..!;i ' Z City 14 7.96 3 City 40 11.71 27 City 66 19.23 114 !i~! -4 City 15 12.33 35 City 41 10.74 18 City 67 38.32 150 .-~i!i -4 City 16 14.47 65 City 42 16.24 90 City 68 18.27 101 m City 17 8.78 7 City 43 22.02 129 City 69 13.00 42 !! (~ City 18 12,62 38 City44 13.89 53 City 70 13.21 44 '~ 'q" City 19 12.26 34 City45 17.75 96 City'71 18.43 104 i?l Z City 20 10.42 16 City 46 10.31 14 City 72 9.29 9 ~ City 21 26.72 143 City 47 15.23 74 City 73 18.18 99 .:'i (:~ City 22 21.54 128 City 48 9.77 12 City 74 18.35 103 .~ m City 23 21.15 126 City 49 11.87 31 City 75 25.20 137 ~'i ' oo City 24 11.00 21 City 50 17,82 97 City 76 16.01 88 .~: _ City 25 15.34 77 City 51 13.93 54 City 77 12.99 41 i-i! Z City 26 9.60 11 City 52 13,77 51 MEDIAN 13.93 .; i* ?'*~ ...., (3) is based on 150 California cities, A rank of 150 indicates the highest frequency per 100 FTE. ~,, _ ARM TECH ...! BENCHMARK COMPARISON OF CALIFORNIA CITIES ~ COMPARISON CITIES · !" > C^U~OR~^ S~Z[ CAU[OR~I^ S~Z[ C^U~OR~^ "Z CITY GROUP CITY GROUP CITY GROUP .," O (1) (2) (1) ,(2) (1) (2) ~ Anaheim Large Alameda Medium Palo Alto Medium ' Bakersfield Large- Alhambra Medium Petaluma Medium "~ ~ Berkeley ,Large Bevedy Hills. Medium Pomona Medium . oo Burbank Large Chula Vista Medium Redding Medium ~ Fremont Large Compton Medium Redondo Beach' Medium ' ~ Fresno Large Concord Medium Redwood City Medium "~ )> Glendale Large Corona Medium Rialto Medium · Z Huntington Beach Large Costa Mesa . Medium Roseville Medium '":; ~> Inglewo0d Large Culver City Medium Salinas Medium : O Long Beach Large El Monte Medium San Buenaventura Medium ,:.., ~ Los Angeles Large Fairfield . Medium San Leandro Medium m Modesto Large Fullerton Medium San Mateo Medium Z Oakland Large Garden Grove Medium San Rafael Medium ': -~ Pasadena Large Gardena Medium Santa Clara Medium -~ Richmond Large Hayward Medium Simi Valley Medium ' m · C) Riverside Large Irvine Medium South San Francisco Medium · ? T Sacramento Large Laguna Beach MediUm Vacaville Medium ": Z San Bemardino Large Lodi Medium Vallejo Medium ~ -- San Diego Large Lompoc Medium Visalia Medium ::~ © San Jose Large Merced Medium West Covina Medium '? m Santa Ana Large Montebello Medium Whittier Medium '~ r_n Santa Barbara Large Monterey Medium .! _ Santa Monica Large Monterey Park Medium i~ Z Santa Rosa Large Mountain View Medium i:i ~' Stockton Large Ontario Medium '.'~i Torrance Large Palm Spdngs Medium "3 ARM TECH BENCHMARK COMPARISON OF CALIFORNIA CITIES COMPARISON CITIES CALIFORNIA SIZE CALIFORNIA SIZE CALIFORNIA SIZE CITY GROUP CITY GROUP CITY GROUP (1) (2) -(1) .(2) (1) (2) Albany Small Fontana Small Pacific Grove Small Arcadia Small Fountain Valley Small Pacifica Small Azusa Small Gilroy Small Piedmont Small Baldwin Park "Small Glendora Small Placentia Small Bell Small Hermosa Beach Small Pleasanton Small ' Benicia Small Huntington Park Small Redlands Small Brea Small Indio Small San Bruno Small Buena Park Small La Habra Small San Femando Small Budingame Small La Mesa Small San Gabdel Small Campbell Small La Palma Small San Madno Small Cadsbad Small Livermore Small Seal Beach Small Carson City Small Los Alamit°s Small South Lake Tahoe Small Chico Small Los Altos Small Stanton Small Chino Small Los Gatos Town Small Suisun Small Clovis Small Lynwood Small Thousand Oaks Small Colton Small Manhattan Beach Small Turlock Small Coronado Small Manteca Small Tustin Small Corte Madera Town Small Menlo Park Small Union City Small Covina Small Millbrae Small Upland Small Cupertino Small Milpitas Small Vemon Small Cypress Small· Monrovia Small Vista Small Desert Hot Springs Small Montclair Small Walnut Creek Small Downey Small Moreno ValleY City Small Watsonville Small El Segundo Small Morgan Hill Small Westminster Small Emeryville Small Newark Small Yorba Linda ~Small Encinitas Small NOrco Small BAKERSFIELD Economic and Community Development Department MEMORANDUM ^ugust 30, 2000 TO: Honorable Mayor and City Council FROM: Alan Christensen, Assistant City Manager//~ SUBJECT: Couch Referral: Study on the Effects of Professional Sports on U.S. Cities Councilmember David Couch requested that staff track down a study cited recently in the Wall Street Journal regarding the economic impacts of Professional Sports on US cities. The report, authored by two University of Maryland economics professors, focuses on 37 large cities that have either baseball, football, or basketball teams. It does not look at minor league baseball teams. file : plrehablrevisedllbp3memo 08/29/00 15:56 9805 325 0266 C 0 B BLDG DEPT ~]o01/001 'TREET JOURNAL. tu Jones fY cOmPany, Inc. All Rights Reserved, ~NF_,SDAY, AUGUST 16. 2000 WSJ.com ''' 75 C E N T S [a,s d Tax ReportOut of Bounds '--" A Special Summary and ForecastHot for U.S. Stocks, * OI Federal and State Tax ForeignerSin LimboBUrned PROF~SIONAL SPORTS TEAMS r egu,a[ory ID ln4ependents aren't the best use of municipal loxes. Ilsltbll~kvuters. That's the underlying theme el aca- ndday, theparty demi¢ research from the University o! Beyond the SEC's Purview, dents that Gore Mary{and. Baltimore Counly. Economics ." of Democrats pro[essorsve.m~ coat.. ,~.d ~a .,,m. A Network of Firms Sells .1 black suppor~, phreys examined 37 cities with pmfes- ;Keuuedy Schlo- sional spurts [r',,nchi.~e~ between 1969 and Obsctll'C Shares t:o Novk;cs lcksou, ~iwmrd 1996 and found that whenever a team Ford. ~ill ara. d- moved to to,~,, th~ ,,~;,ti,,~ ~.,~.t., o,t- Ha,'d to Locate in Barcelona o~wide-ranging weighed the positive. nmn passed ~e Wl~lle real per. capita income rose hlgan ca.qt~$1gu about $67 a year from incretk~ed spendinE 1 and Page A24) in the re~un, the ~luo found that the costs Hy .h.m R. ~MSl-lWiLL~'g ~dtheglOOmiL of' btlild|ng lin are. n}, reiltlced l'eal per-cap- And CI ffo.,,'TnPl IF, R lfundruf~fn0, itu income by about I73 title 10 faxes and ,.~'nat t¢ .,,,,.tc,.~ ,,.r m',,,: w.,,., s'e,~,:.rr ,o, n=, Into Thin Air: Writer other items. Tile money spent subsidizin~ The c:fll couldn't have been limed bet- tn'$ campaign. , the team, they conclude, isn't awtilable fut' ter. Adrian Lawlor, a Dublin co,nputer-~ys- ' ~"' S"Ma"; ~,~br local infrastructure improvements or terns salesman, and his wife hud just re- m~,o~ Reveals c Tric, other expenditures with a bigger civic pay- celved a $17.~0 settlement from a car acci- ' future In doubt, off. The economic benern vi a sports/ran, dent his wife had been in when a broker ,~,~d,~o~,,- Then He Disappears chlseUSl, lallyendsupinthellandsotpluy, from International Asset Management in rtifieates ~r the ers and coach~s, not the mmmunity, l:Jms~els ran~ Iflm up. S~eaklng with {m selwice24years ,, ~, ~ I?le rcseorche~, advise nppl!fin.~ American accent, the broker told Mr. ~,York-lxnmdjet- ,~tandmxl mtnrn-on, bmestm,:nt r~tle.m to Lawlor he had just the ticket for entering aneswili.remaiu Fresh Clues Could Help Solve co,n~,,m stu#ium.financinf~ with alter- the ,'od-hot U.S, stock market. fsty oi ares and native investment u,es, inchtdinq tax 'They sltid they had a wondar[ul inv,.qt- ~ter last month's This Century.Old Mystery; reduction. ' men t oppoH unity for me," Mr. Lawlor says. teorde that killed A Man Named 'Earth Nose' A, hough "absolutely green" whe, it fide on Page A3) THE IRS IS POSTING on its Web site ca,ne to.stocks. Mr. Lawlor deemed ~o .sink ~ fire s~fet.V or dlsthsure forms PACs must now .file. most .f the settlement into the broker's te~rma!/pro~e Naarly 8.7{10 pulitical action commit- recommendations. That was in 1996, and adoge~pla,~.~ By RACHEL F.~MA SII,VZll.~AN tees have filed disclosure iorms mandated he was happy for a time and unruffled ~aR for profils. Sto~rf Reporter o/Tllg WaLL $Tl~gV , In the shadowy world o! e~rd magic and under a new law approved by President when ~is ~roRer moved ~rorn Brussels to C~inton this summer. Th~ law, d~skgn~d to l'larcelona. Spain. But then he tried to sell ~r'~ly to~t ~n gambling, one o! the mo~t tantalizing my~ expos~ sott dollars flowing throttgll poltti- some s~ares of a ~malFeap issu~ that had x~lcsubmarin~ teries of all surrounds the identltTofaman calcampaigns, requires groups organized begun to stumble. The bro~er said he .a storms, rescu- who wrote alder the name S.W. Erdnase. under Section 527 of the IRS code to report woulcl make the sale only if Mr. ~twlor .mal~ cai)sale ~54 In 1902, he published a book called "The a variety o{ data {ncludiug contributions, agreed to plow the proceeds-and $10.000 ocking succeeds, Expert at the Card Table." In vivid detail expenditures and the group's purpose, more-into shares o! a tiny California com. each r~un'u trip and elegant prose, the book reveahd these- So 'far, the IRS has put alphabetized pony ca{led ZiaSun Technologies Inc. ~nowsa~sator- crets behind intrlcate card tricks andquick, reports from about 8,400 PACs on its site comMon, caused fingered cheatin~ techniques, more will be added soon. Its Web site also A Ma.er for the Police Iorwa,ysaiditoc- allows interested parties to search Ior re. Mr. Lawlor refused nnd then com- lie~thau Moscow Wha~ it didn't reve~l was lhe true lden- offerufU.8, help. try o{~ its author. F, riinase never made pub- ports by key words, plained ~o $oanish regulators. Though the brokerage was based in Barcelona. Spun; w~e~er tAere tic appearances and never wrote another A CAPITAL-~AIN$ TAX BREAK fur ish regulators said thev had no jurisdlc. with the Kursk book-at least not under that name. ,mutual-fund Investors? lion because IAM apparently didn't sell to to b~ taidngort Yet for nearly 100 years, the book has . Jim Saxton, chairman ot the congres. Spaniards. 'If you consider this situalion ~t on PrMay. never vanished from print. It has sold hun. $ional Joint Economic Committee, has pro- a matter of fraud." Spanish regulators ~* dredz of thousands of copies world-wide posed legislation that would allow inve$- wrote, "thc normal procedure is to get in ~lbytelevtsedim. ~nd been translated into German, Japa- tots to exclude from taxable income part touch with 1he police." tolial r~tlltlons of 1~gse, French, Italian and Spanish. Almost of their capital gail~s distribution5 from Instead of calling the police, Mr. thl~,.~0 ygar9 by every sleight*obhand e~pert con$ider~ ~e mutual funds. The bill, in ~e House Ways Lawlor managed to sell some shar~s "by vo'h~ I~m ~qi'in ~ I~ellt slim.volume to be the bible of card magic, and Means Committee and awaiting the complaining bitterly to my broker." ,q:p~i~qP.A.q~].~]j86 And ~ome treat the elusive author with a end of the smnmer recess, would exclude still, he hasn't been able to tmload his ttcleonPageAlS) degree of reverence usually reserved Ior distr, lbutions up to $3,000 annually for 5in- biggest holding, a stake in a troubled . 2. major deifies, ff]es~ 1;6:0.0..0.got.coL?lc?.. ..... _.s_ta_r_t:?..!h_.a.! .h..e..~..u..g? .f.or..$6,?~ .and that. The Effect of Professional Sports on Earnings and Employment in U.S. Cities Dennis Coates~ Brad R. Humphreys University of Maryland Baltimore County University of Maryland Baltimore County Department of Economics Department of Economics June 27, 2000 ~Department of Economics, University of Maryland Baltimore County, 1000 Hilltop Circle, Baltimore, MD 21250. Internet: coates~umbc.edu Abstract · In this paper, we explore the impact of professional sports teams and stadiums on employment and earnings in U.S. cities over the period 1969-1996. We extend previous research in this area by examining the earnings of workers and the size of several disaggregated sectors of th~ economy, by constructing a rich set of variables reflecting the sports environment, and by using data from all 37 cities that had either a professional football, basketball, or baseball team over. the period. We find that professional sports has a small positive effect on earnings per employee in the Amusements and Recreation (SIC 79) sector and an offsetting decrease in both earnings and employment in other sectors. This direct spending on professional sports has a positive effect on a small sector of cities' economies, but the overall impact is negative. This result supports the idea that consumer spending on professional sports is a substitute for other types of spending. JEL Codes: R58, J30, HT1 Keywords: Local Economic Development, Public Finance, Professional Sports, Job Creation Introduction and Motivation There has been a significant increase in the construction of new professional sports stadiums and arenas in the past fifteen years; over forty new stadiums and arenas have been built for professional football, basketball and baseball teams since the mid 1980s. In some cases, the construction takes place prior to, or concurrent with, a new or relocated franchise moving to the city. This trend shows no sign of slowing. Five new arenas for professional basketball and a new professional baseball stadium opened in 1999, two new professional baseball stadiums will open in 2000 and four additional new stadiums are currently under construction. Most professional sports construction projects receive substantial government subsidies. Potem rial increases in employment, income and other benefits often are used to justify these subsidies and prospective "economic impact" studies, commissioned and paid for by proponents of new sports construction projects, claim to quantify these economic benefits. In some cases, prospective esti- mates of jobs created by these projects run into the thousands.~ Although increases in earnings are typically not forecasted, the increase in employment implies an increase in earnings as well. This paper examines the extent to which the construction of new professional sports stadiums and arenas and the movement and expansion of professional sports teams affected the employment and earnings in metropolitan statistical areas (MSAs) in the United States over the past thirty years. We formulate econometric models of the determination of employment and earnings 'in MSAs and estimate these models using employment and earnings data collected from the U.S. Bureau of the Census' Regional Economic Information System (REIS) and data reflecting the sports environment in these MSAs drawn from a wide variety of sources. In contrast to the results found in most prospective "economic impact" studies, we find that although sports may increase wages within the Amusements and Recreation sector (SIC 79) by a small amount, they also reduce earnings in the Eating and Drinking Establishments industry (SIC 58) and employment in the larger Services and Retail Trade sectors. Thus the overall impact of sports on employment and earnings is negative. Several previous studies found no evidence that professional sports teams, stadiums and arenas created jobs in MSAs. Baade and Sanderson [2] reported four instances where the number of professional sports teams and new stadiums in an MSA were associated with an increase in the share of state employment in two sports related industries (Amusement and Recreation, SIC 79, and Commercial Sports, SIC 794) located in cities in that state with professional sports teams and facilities; they also reported five instances where the number of professional sports teams and stadiums were associated with decreases in the employment share. For those instances where the lA 1993 economic impact study of the new Seattle baSeball stadium claimed that over 2,000 jobs would be created (Conway and Associates, 1993). effect was positive, the results reported by Baade and Sanderson suggest that the average increase across these two industries amounted to about 200 jobs. Robert Baade [1], using a similar approach, found no statistically significant effects of professional sports franchises, stadiums and arenas on employment shares for the same two industries. Rosentraub, Swindell, Przybylski and Mullins [13] analyzed Indianapolis' sports-led economic development program which consisted of eight capital construction projects including a basketball arena and a football stadium. The program began in the 1970s and lasted for over eighteen years. This study compared Indianapolis' the growth in employment to the growth in employment in other mid-western cities over the period 1977 to 1989. It concluded that the sports-led economic development program had no impact on either employment or earnings relative to the experience of the other cities. Rosentraub [12] drew similar conclusions regarding the impact of other professional sports construction projects on employment and earnings in MSAs. This paper extends previous research on the impact of professional sports franchises and facilities on earnings and employment in cities in several important ways. First, the cities analyzed include all that had a professional football, basketball, or baseball franchise during any part of the period 1969 through 1996, 37 cities. Second, a rich set of sports environment variables have been collected. These variables capture franchise entry into and exit from the city, stadium construction and capacity, as well as the presence of football, basketball, and baseball franchises. The explanatory variables also allow the impact of a new stadium or franchise to change over time. Expanding the sports environment variables better captures the impact of the sports environment on employment and earnings in a city. Third, employment and earnings in industries beyond Amusement and Recreation, and Com- mercial Sports are examined. Many prospective "economic impact" studies claim that the impact of professional sports on metropolitan economies extends beyond ball parks. These studies typically use spending multipliers that allegedly capture the impact of direct spending on professional sports on retail sales, restaurants and bars, hotels, gas stations and other related parts of the economy. If the impact of direct spending spills over into other areas of the economy, or if direct spending on professional sports and spending on meals, drinks, hotels, gasoline and other such products are sub- stitutes, then earnings and employment in these other areas should be affected by the professional sports environment. The Determination of Wages and Employment in Local Labor Markets Coates and Humphreys [4], [5] analyze the effects of the professional sports environment on the level and growth rate of real per capita personal income in an MSA using a linear reduced form empirical model. In this paper we adapt that approach to focus on the effects of the sports environment on wages and employment, in total, and in the Service and Retail sectors of the local economy. Additionally, we are able to examine wages and employment in the Hotel, Eating and Drinking, and Amusements subsectors of the Services and Retail sectors of the local economies. This latter point is particularly valuable because the existing literature rarely takes so fine a cut at the income and employment data for a large set of cities over time.2 Advocates of sports led growth frequently state that the impact of sports will be felt most heavily in specific sectors of the economy. New teams and stadiums will attract people to the area of the stadium where they will spend money on food and beverages, hotels, and consumer items such as souvenirs and team paraphernalia. This new spending will drive up demand for waitresses and waiters, hotel staff, and sales clerks, resulting in both higher earnings by people employed in these ways and in the number of people with such jobs. Opponents of using subsidies to professional sports as a tool of economic development suggest that the job and income creation effects of franchises and stadiums will be minimal.3 Opponents argue that much of the sales of food and drink and retail merchandise that arises around the stadium will simply substitute for similar sales at establishments in the city that are relatively distant from the stadium. Moreover, consumers may substitute attendance at sporting events for other types of recreational activities, such as attending movies or the theater or going bowling. If this argument is correct then one would expect to find no effect of the sports environment on wages and employment in the Eating and Drinking, Hotels, and Amusements sectors of the economy. Our approach has two distinct but complementary thrusts. First, we simply estimate the equations explaining the various dependent variables and test the null hypothesis that the sports environment variables are jointly insignificant. If proponents of sports led development are correct then we should be able to reject the null hypothesis. But this is really not sufficient. Consequently, we use the estimated models to forecast the effect of the sports environment on the dependent variable in each year in each city. We also make separate forecasts for each of the professional sports for every city. This latter information is potentially helpful to cities faced with the threat of departure or to franchises seeking a new facility. For example, if our forecast of the effect of professional baseball on wages and employment in Minneapolis is positive and significant, that buttresses the case of the 2An exception is Baade and Sanderson [2] which looks specifically at employment in Amusements and Recreation and, more finely cut still, the Commercial Sports sectors. The dependent variable in their analysis is the cities' employment in the sector relative to employment in that sector in the entire state. They also estimate the models for each city rather than pooled. They find little support for the notion that sports franchises and stadiums generate substantial job growth. 3See, for example, the volume editied by Noll and Zimbalist [10]. 3 Twins ownership for a new stadium. If that forecast is negative and significant then the opponents' position is supported. We will have more to say about these forecasts below. We estimate both wage and employment equations. In the wage equations the dependent variable is wages at the sector level per employee in the sector. In the employment equations the dependent variables are the level of employment, either total or in the sector, or the share of total employment that comes from this sector. Regardless of the dependent variable, the specifications'are identical. In each, the dependent variable, Yu, is a function of a vector of variables describing the economic and business climate in that area during that year, xit, and a vector of variables which capture the role of stadiums and franchises in the determination of economic activity, zit. This linear reduced form empirical model is yit =/~xit ~- ffzit ~- I~it (1) where /~ and ~ are vectors of parameters to be estimated and ~it is a disturbance term. By assumption, the disturbance term takes the form yit = eit + vi + ut (2) where vi is a disturbance specific to MSA i which persists throughout the sample period, ut is a time t specific disturbance which affects all areas inthe same way, and eit is a random shock in MSA i at time t which is uncorrelated across MSAs and over time. Estimated this way, the regression purges the dependent variable of the effect of national events on each jurisdiction in a given year and generates an MSA specific impact. In other words, the level of earnings and employment in an MSA at any point in time is determined by time- and location-specific events as well as the circumstances regarding sports franchises and stadiums. In equation (1), xit is a vector of variables that control for factors other than the professional sports environment that affect real per capita income in MSAs. We employ four control variables in this study: the lagged value of the dependent variable (Yi,t. ~), the growth rate of the population in each MSA, expressed in percentage terms, year dummy variables that capture other omitted factors that affect all MSAs in the sample in each year, and MSA-specific time trends that capture secular trends in individual MSAs.4 4The inclusion of a lagged dependent variable makes this model a dynamic panel model. Although lagged depen- dent variables cause bias in the parameter estimates, Monte Carlo evidence in Judson and Owen[7] suggests that the bias affects the parameter on the lagged dependent variable, not the parameters on the independent variables. Kiviet [8] reports similar results from panels with time dimensions 20% of the sample in this study. 4 The vector of sports environment variables, zit, contains a variety of dummy variables to capture the variation in the sports environment in each of the 37 cities that currently have or at some time in the past 30 years had a professional football, basketball or baseball franchise. This vector includes: dummy variables indicating the presence of a football, basketball or baseball franchise; dummy variables indicating the ten year periods following all football, basketball and baseball franchise entries and exits; variables indicating the ten year period following construction or renovation of a stadium or arena; variables indicating whether the stadium in each city is a single or multiple use structure, zit also includes the seating capacity of all football, basketball and baseball stadia and those capacities squared. These capacity variables are intended to capture the idiosyncratic nature of each individual professional sports venue, as well as to reflect the incremental effects of renovation. Data Our .analysis focuses on the effect of professional sports franchises and stadiums on labor market activity in several specific sectors of the economies of U.S. cities..These sectors are the Retail Trade and Services sectors, as well as the service sector industries Amusements and Recreation Services (SIC 79) and Hotels and Other Lodging Places (SIC 70) and in the Retail sector industry Eating and Drinking Places (SIC 58). In general, the Retail Trade sector includes firms that sell merchandise for personal or household consumption, including rendering Services incidental to the sale of the merchandise. The Retail Trade sector is divided into five major groups in the Standard Industrial Classification system: Building Materials (SIC 52), General Merchandise Stores (SIC 53), Food Stores (SIC 54), Automo- tive dealers and Gasoline Service Stations (SIC 55), Apparel and Accessory Stores (SIC 56), Home Furniture and Furnishings (SIC 57), Eating and Drinking Places (SIC 58), and Miscellaneous Retail (SIC 59). Of these major groups, Eating and Drinking Places would seem to be the most closely related to professional sports in a metropolitan area. Economic impact studies commonly claim that the primary beneficiaries of sports related spending in metropolitan areas will be restaurants, bars, and other eating and drinking establishments located near the stadium or arena. The idea is that people attending events will stop in a nearby restaurant for a meal or a drink before or after the game. Professional sports affect these establishments directly, by bringing in more customers than they would have attracted otherwise. The Services sector includes firms engaged in providing a wide variety of services to individ- uals, businesses and government. This sector differs from Retail Trade in that no merchandise is produced, and also in that other firms and the government represent important components of the 5 demand for the output of this sector. The Services sector is divided into sixteen major groups in the SIC system. Of these major groups, Amusement and Recreation Services contains professional sports, as well as dance studios, theatrical productions, orchestras, bowling alleys, race tracks, gyms, public (but not private or miniature) golf courses, amusement parks and coin operated ar- cades. Clearly this industry should reflect the economic impact of professional sports, as any direct spending on athletes and other club employees would be reflected in the earnings and employment in this industry. If proponents of .professional sports as engines of economic growth are correct, then several other industries in this sector should also benefit. This would include Hotels and Other Lodging Places, which Would attract more customers staying over night to attend or participate in sporting events than they would have otherwise attracted. It would also include Automobile Parking (SIC 752) services, which contains short-term garages and parking lots. Unfortunately, data at this level of detail are not readily available by MSA. Our measures of labor market activity include wage and salary earnings per employee5 , total employment, and the share of total employment for the two-digit SIC code industries Amusements and Recreation (SIC 79), Eating and Drinking Establishments (SIC 58), and Hotels and other Lodging Places (SIC 70) as well as one-digit SIC code industries Services (SIC 7) and Retail Trade (SIC 5). The data cover the period 1969 to 1996. Income, population, earnings and employment data were taken from the Regional Economic Information System, distributed by the U. S. Department of Commerce, Bureau of Economic Analysis. Data on sports franchises and stadia came from information in Noll and Zimbalist [9], Quirk and Fort [11] and the Information Please Sports Almanac [6]. Our sample includes 37 cities, the universe of MSAs that had either a professional football, basketball, or baseball franchise dur. ing the period 1969 through 1996. Table 1 presents variable definitions and descriptive statistics for the full sample, city specific descriptive information is available upon request. The means for the wage and salary variables need clarification. For WHOPE, wages and salaries in Hotels and other Lodgings per service sector employee, the mean value is .609, or $609. Similarly, the mean of .582 for WARPE, wages and salaries in Amusements and Recreation per Service sector employee, translates into $582; the mean for WEDPE, wages and salaries in Eating and Drinking Establishments per Retail sector employee is 2.62, or $2,620. The entry, exit and construction variables take on a value of 1 in each of ten years, the year a 5The number of employees is not available for the two-digit SIC codes so the employee figure used is the number working in the one-digit industry. For example, for earnings in Amusements and Recreation is meeasured per service employee as is earnings in Hotels and other Lodgings. Earnings of Eating and Drinking establishments is measured per retail employee. franchise moves, or the year a stadium or arena opens, and the nine subsequent years. One might question the choice of this metric as ad hoc. We defend it on the basis of the length of time it takes for the novelty of a new franchise or stadium to wear off, as has been reported in this literature [Baade [1]], or for the despair from losing a team to subside.6 One set of entry and departure variables (BBE1, BBE2, FBE1, BAE1, BAE2, BBD1, BBD2, FBD1, BAD1, BAD2) allows for a differing effect on the dependent variable in eaeh instance of an arrival or departure of a franchise; a second set of entry and departure variables (BBE, FBE, BAE, BBD FBD, BAD) combines these multiple entries and departUres, implicitly forcing an equal effect on each event. Unlike the existing literature, which imposes a time invariant effect of franchises on the economy, our analysis allows for variable effects over time through inclusion of dummy variables indicating the presence of a franchise and the entrance or exit of a franchise in the last ten years. We also allow for both the existence and the entrance and exit of franchises in each of three major professional sports, thus allowing for the effects of a franchise in one sport to be net of the effects of goings on with other sports or other franchises in the same sport. Our specification does not, however, control for any symbiotic or mutually detrimental effects of franchises in more than one sport. We control for construction of new facilities with dummy va.riables and, combined with the presence of a franchise, which must have had an existing facility, we address the issue of whether a new stadium replaces an old stadium or a new stadium is constructed where none previously existed. Additionally, one of the construction variables controls for multiple-sport facilities, as was common in the 1970's. The wide variety of our explanatory variables controls for the gamut of sports environments experienced in the United States. Because we examine the effects of entrance and exit of franchises over a ten year period, few MSAs have no variation in theSe explanatory variables. For example, a city which obtained its first football franchise in 1965 has a value of 1 for FBE1 for 1969 through 1974, and zero thereafter. This differs from the existing literature, where such an observation would have value 1, indicating the presence of a football franchise, for every year in the sample. ' Results and Discussion This section begins with a general overview of the results of seven different regressions, one for each of seven different dependent variables that reflect the areas of the local economy most likely to be affected by the sports environment.7 The discussion then focuses on the effects of sports 6Baade and Sanderson [2] estimate the novelty effect for each of ten cities. They find effects in the range of from 7 to 10 years. ?The dependent variables are employment in the Services sector, employment in the Retail sector, wages per employee in Eating and Drinking Establishments, wages per employee in hotels, wages per employee in Amusements and Recreation, the Retail share of total employment, and Services share of total employment. 7 environment variables on those areas. The analysis here is unique in that it looks not only at the general effects of sports environment variables but it also examines the effects of specific sports in specific cities. So, for example, if one wants to know if the Dallas Cowboys have been good for the Retail or Services sectors in Dallas, we estimate that impact. Each of the equations we estimated included a large set of identical explanatory variables. These are the population growth rate in the city, year specific dummy variables, city specific time trends, city specific intercepts, and the 19 sports environment variables. Each equation also included the lagged value of the dependent variable as a regressor. In every equation except that for the Retail share of employment, the growth rate of population is statistically significant at the 5% level or better. In that case it is significant at the 10% level. In all equations, the lagged value of the dependent variable is significant at the 1% level or better. In the employment and employment share equations, the majority of the year specific effects and city specific trends are individually significant at conventional levels. In the earnings per employee equations fewer of these variables are individually significant, though many are. The null hypothesis that all city specific fixed effects are zero is easily rejected for every equation.$ Turning to the sports environment variables, Table 2 shows the F-statistic and the P-value for the null hypothesis that every coefficient on a sports environment variable is equal to zero.9 The results indicate that the null cannot be rejected in the Retail employment or the wages per employee in Eating and Drinking Establishments equations at any reasonable level of significance. Of the other equations, only for the wages per employee in the Hotel and Other Lodging establishments can the null be rejected at the 5% level, but it cannot be rejected in this case at the 10% level. In other words, these equations provide some evidence that the sports environment has a statistically significant impact on the Retail and, especially, the Services sector of the local economy. The pattern of these results allows us to infer even more about the effects of sports on the local economy. Namely, that effect is really very localized; it impacts the Services but little else. Moreover, the effects are greatest on the Amusements and Recreation portion of the Services, that segment of the economy in which professional sports most naturally falls and in which it is classified under the standard Industrial Classification system. Looking at Table 3 we see that in the Services sector, the mean predicted effect of the sports environment on employment is a net loss of 1924 service sector jobs. At the same time, earnings are predicted to rise for workers in the Amusements. and Recreation and Hotels and other Lodgings portions of the service sector, though these predicted impacts are modest. Earnings in Eating and Drinking Establishments fall very slightly, $44 per Retail sector worker, SThese results are available upon request. 9Table 6 and Table 7 report the coefficient estimates for-the five regressions with p-values below 0.1. while earnings in Amusements and Recreation rise by about $15 per Service sector worker. The mean increase for earnings in Hotel and other Lodgings per Service sector worker is about $.40. Remember, these changes are in annual earnings. In summary, those workers most closely con- nected to the sports environment see little improvement in their standards of living as a result of professional sports. Table 4 shows the mean impact by sport on wages. The clear result of this table is the tiny impact of sports on earnings in any of the three industries. Moreover, six of the nine mean effects are negative, indicating that the individual sports on average reduce earnings in those industries. Football appears to be the most beneficial of the three sports with two of-the three effects positive, but, again, the effects are tiny. We also predict the effect of the sports environment for each of the MSAs. Table 5 reports the mean effects of the sports environment on employment and earnings per employee for each of the MSAs in the sample. Consider Indianapolis which had an explicit 20 year-long strategy of sports led development. The impact of this strategy has been examined by Rosentraub [12]. Employment in the Services sector is forecast to be larger by 3049 in our analysis as a result of the Indianapolis sports environment. As a percentage of all wage and salary employees this figure is about one half of one percent; as a share of service sector employees this is about 1.8%. By contrast, Rosentraub finds for the Indianapolis MSA that all jobs increased by 41% between 1977 and 1989 and that service sector jobs increased by 128%. Our sample is much longer than his, but the clear indication is that sports had very little to do with either increase in all jobs or the increase in service sector jobs in Indianapolis. Consider another example. The report from C. H. Johnson Consulting, Inc. [3] on the effects of replacing Fenway Park in Boston with a new expanded facility finds that 3,085 new full-time equivalent jobs will result from the project.~° We find that the average effect an employment in the Services sector of the sports environment in Boston over the 27 years of our sample is a net loss of 6409 employees, with a range of -10509 to -757, and on the Retail sector a net gain of 110 employees, with the range of-2813 to ~-1443. Even under the best case scenario, the effect of sports on employment in these two sectors is only 686 employees. Note, this is employees and, to the extent that some of these employees work only part-time, overstates the full-time equivalent employment created by professional sports. The effects of the sports environment on wages in Eating and Drinking Establishments and in Amusements and Recreation in Boston are also quite small. The overall impact, on average, for Eating and Drinking Establishments is -.04, a net loss of about $40 per Retail sector employee; for 1°C. H. Johnson Consulting advertises itself as "Experts in Convention, Sports and Real Estate Consulting". 9 Amusements it is -.015, or a loss of $15 per Service sector employee. Again, the effects of the sports environment are to reduce earnings of those most closely linked to the sports environment. Note finally that for the Retail equations, the null hypothesis of no effect can be rejected only for the Retail share of employment. But if the sports environment has impact on the shares of employment in the other sectors, and we see that it does affect the Services share, then it must have effects on the other shares as well, since the shares must add to one. Retail seems to be the most likely sector to respond to changes in Services. Each is a direct point of contact with customers and, in many instances, provide similar goods and Services. For example, stadiums and arenas offer snack bars and food courts which would directly compete with restaurants outside the facility. Souvenir shops within the stadium sell sports wear, clothing with team logos, coffee mugs, beer steins, pennants, and photos of players, all again in competition with department and other stores outside the stadium. This point is very important. Sports led development hinges on the argument that spending at the stadium generates incomes and further spending outside the stadium that ripple through the economy resulting in additional incomes and jobs for people outside the sports sector. The argument is also made that spending on sports related entertainment does not substitute for spending on other activities. The evidence provided here is the first direct evidence on'the strength of this multiplier and the extent of the substitution behavior. The ripples of jobs' and earnings creation from the sports environment are like those of a tiny pebble tossed into the ocean on the tides, inconsequential in any practical sense. Conclusions In this paper we have examined the impact of professional sports on employment and earnings in narrowly defined sectors of the economies of U.S. cities. Our results suggest that professional sports has a small positive effect on earnings per employee in the Amusements and Recreation sector, but that this positive effect is offset by a decrease in both earnings and employment in other sectors of the economy. These results have several important implications. First, these results call into question the validity of multipliers as a tool for assessing the overall impact of sports on the economy. The multiplier approach attempts to quantify indirect benefits flowing from professional sports by as- suming that each dollar of direct spending on sports propagates through the economy and increases spending and income in other sectors. Our results suggest that the direct spending on sports does not lead to additional earnings in other sectors of the economy like restaurants, bars and hotels. Second, our results shed new light on the reason that professional sports reduce the level of 10 income in cities. The negative effect of sports on earnings of employees of restaurants and bars, and on employment in Retail and Services supports the idea that sports reduce real per capita income in cities through both substitution in private spending and through the creation of new jobs which pay less than the average prevailing wage. 11 Table l: Variable Definitions, Means and Standard Deviations Variable Mean Std. Dev. Definition ESV 375693.1 346223 Total Employment, Services ERT 216103~6 151943.8 Total Employment, Retail Trade RTESHARE .188 .019 Employment Share, Retail Trade SVESHARE .295 .062 Employment Share, Services WHOPE .609 .286 Wage and Salary Earnings per Service Employee, Hotels WARPE .582 .290 Wage and Salary Earnings per Service Employee, Amusements WEDPE 2.62 .468 Wage and Salary Earnings per Retail Employee, Eating/Drinking DPOP 0.013 0.014 Growth Rate of Population (%) BBCAP 36.536 31.272 Baseball Stadia capacity, thousands FBCAP 48.098 35.077 Football Stadia capacity, thousands BACAP 10.473 9.966 Basketball Stadia capacity, thousands BBCO 0.033 0.179 baseball stadium constructed, last ten years FBCO 0.096 0.295 football stadium constructed, last ten years BBFBC 0.102 0.303 baseball/football stadium constructed, last 10 years BACO 0.225 0.418 basketball arena constructed, last ten years BBF 0.615 0.487 baseball franchise present FBF 0.705 0.456 football franchise present BAF 0.598 0.491 basketball franchise present BBE 0.079 0.270 any baseball franchise entered, last 10 years BAE 0.231 0.422 any basketball franchise entered, last 10 years FBE 0.101 0.302 any football franchise entered, last 10 years BBD 0.028 0.165 any baseball franchise left, last 10 y~ars BAD 0.103 0.304 any basketball franchise left, last 10 years FBD 0.056 0.230 any football franchise left, last 10 years BADS 0.008 0.089 year following basketball team departure Means are computed only on the 1970 to 1996 data. We lose observations on 1969 by using lagged regressors. 12 Table 2: F-Tests on Significance of Vector of Sports Variables Dependent Variable F-Statistic Value P-Value Employment, Retail Trade sector 1.11 .33 Employment, Services sector 2.73 .00 Earnings, Eating and Drinking Establishments per Employee 1.17 .27 Earnings, Amusements and Recreation per Employee 3.08 .00 Earnings, Hotels and Other Lodging Establishments per Employee 1.56 .06 Employment Share, Retail Trade sector 1.83 .02 Employment Share, Services sector 1.70 .03 13 Table 3: Predicted Mean Impact of Sports Variables Dependent Variable Predicted Mean Impact Employment, Retail Trade sector -1,822 Employment, Services sector -1,924 Earnings, Eating and Drinking Establishments per employee -0.0436 Earnings, Amusements and Recreation per employee 0.0147 Earnings, Hotels and Other Lodging Establishments per employee 0.0004 Employment Share, Retail Trade sector 0.0001 Employment Share, Services Sector 0.0008 14 Table 4: Predicted Mean Impact of Sports Variables, by Sport Predicted Mean Impact Dependent Variable Football Basketball Baseball Earnings, Eating and Drinking Establishments per employee .0017 -.0047 -.0389 Earnings, Amusements and Recreation per employee .0360 -.0052 -.0151 Earnings, Hotels and Other Lodging Establishments per employee -.0030 .0062 -.0015 15 References [1] Robert A. Baade. Professional sports as catalysts for metropolitan economic development. Journal 'of Urban Affairs, 18(1):1-17, 1996. [2] Robert A. Baade and Allen R. Sanderson. The employment effect of teams and sports facilities. In Roger G. Noll and Andrew Zimbalist, editors, Sports, Jobs and Taxes: The Economic Impact of Sports Teams and Stadiums, pages 92-118. Brookings Institution, Washington, D. C., 1997. [3] C. H. Johnson Consulting, Inc. Economic Impact Analysis of the Proposed Ballpark for the Boston Red Sox, 1999. Prepared for The Greater Boston Convention and Visitors Bureau and The Greater Boston Chamber of Commerce. [4] Dennis Coates and Brad R. Humphreys. The growth effects of sports franchises, stadia and arenas. Journal of Po!icy Analysis and Management, 18(4):601-624, 1999. [5] Dennis Coates and Brad R. Humphreys. The economic consequences of professional sports strikes and lockouts. Southern Economic Journal, 2000. forthcoming. [6] Houghton Mifflin Co., Boston, MA. The Information Please Sports Almanac; 1996. [7] Ruth A. Judson and Ann L. Owen. Estimating dynamic panel data models: A practical guide for macroeconomists. FEDS 1997-3, 1997. [8] Jan F. Kiviet. On bias, inconsistency, and efficiency of various estimators in dynamic panel data models. Journal of Econometrics, 68:53-78, 1995. [9] Roger G. Noll and Andrew Zimbalist. Build the stadium, create the jobs! In Roger G. Noll and Andrew Zimbalist, editors, Sports, Jobs and Taxes: The Economic Impact of Sports Teams and Stadiums, pages 1-54. The Brookings Institution Press, Washington, D. C., 1997. [10] Roger G. Noll and Andrew Zimbalist, editors. Sports, Jobs and Taxes: The 'Economic Impact of Sports Teams and Stadiums. The Brookings Institution Press, Washington, DC, 1997. [11] James P. Quirk and Rodney D. Fort. Pay Dirt: The Business of Professional Team Sports. Princeton University Press, Princeton, NJ, 1992. [12] Mark S. Rosentraub. Major League Losers: The Real Cost of Sports and Who's Paying For It. Basic Books, New York, NY, 1997. 16 I131 Mark S. Rosentraub, David Swindell, Michael Przybylski, and Daniel R. Mullins. Sport and downtown development strategy: If you build it, will jobs come? Journal of Urban Affairs, 16(3):221-239, 1994. 17 Table 5: Predicted Mean Impact of Sports Variables, by MSA Employment Employment Earnings Earnings Earnings MSA Services Retail Eat/Drink Amusements Hotels Atlanta -4499 -2351 -.0536 .0323 Baltimore -1796 -2983 -.0492 .0106 Boston -6409 110 -.0414 -.0150 Buffalo -509 -714 -.0047 .0611 Charlotte 1035 268 .0017 .0048 .0082 Chicago 1213 -5107 -.1391 -.0466 -.0286 Cincinnati -4732 -3307 -.0386 .0227 Cleveland -3199 -4907 -.1061 -.0319 Dallas -6245 -2752 -.0532 .0441 .0548 Denver -2956 -4744 -.1210 .0048 Detroit -5224 ~3347 -.0563 .0562 Green Bay 1245 -579 -.0054 .0405 Houston -2454 -2599 -.0509 .0129 .0215 Indianapolis 3049 1456 -.0052 .0042 Kansas City -12211 -3266 -.0425 Los Angeles -3490 -3224 -.0577 .0623 -.0149 Miami -1092 -905 -.0125 .0671 Milwaukee -7851 -2405 -.0644 -.0917 .0178 Minneapolis -4292 -3367 -.0343 New Orleans 869 -444 .0001 .0665 -.0044 New York 13930 -2551 -.1603 -.1198 -.0337 Oakland -2512 -910 -.0461 .0014 Orange Co -2234 -3996 -.0766 .0031 -.0273 Orlando 556 193 -.0016 Philadelphia -4495 -3956 -.0715 .0267 Phoenix 987 1087 -.0103 .0099 .0068 Pittsburgh -4294 -4384 -.0511 .0319 Portland -96 907 -.0113 -.0117 .0011 Sacramento 809 346 -.0032 -.0001 St. Louis -801 -2947 -.0445 .0080 Salt Lake City 443 537 -.0056 -.0043 .0049 San Antonio 961 722 -.0082 -.0064 .0109 San Diego -4496 -3908 -.0603 .0213 .0069 San Francisco -3709 -4408 -.0650 .0293 -.0121 Seattle -2384 -1789 -.0486 ..0263 .0435 Tampa 742 -67 -.0002 .0465 .0017 Washington -1274 -902 -.0147 -.0010 18 Table 6: Employment Regression Results Service Employment Service Employment Share Retail Employment Share Variable Coefficient t-statistic Coefficient t-statistic Coefficient t-statistic esvl 8.09E-01 43.52 svesharl 8.16E-01 45.18 rtesharl 7.50E-01 34.68 pop1 1.74E+05 4.20 -1.63E-01 -9.68 -1.83E-02 -1.82 bbco 2.56E+03 1.05 2.26E-03 2.36 1.17E-03 2.01 fbco 1.41E+03 0.88 -3.14E-04 -0.49 -4.11E-04 -1.06 baco 2.53E+03 1.81 -9.20E-04 -1.66 -3.17E-04 -0.94 bbfbc -1.02E+03 -0.55 5.68E-04 0.77 1.11E-04 0.25 bbe -7.04E+02 -0.36 3.07E-04 0.39 9.02E-04 1.90 bae -3.26E-]-02 -0.23 -8.88E-04 -1.56 -7.38E-04 -2.15 fbe 2.96E+03 1.61 -1.06E-03 -1.45 -2.06E-04 -0.46 bbd -9.96E+03 -3.19 -2.37E-04 -0.19 2.53E-03 3.37 bad 1.20E-l-02 0.08 -6.34E-04 -1.02 -3.00E-05 -0.08 fbd 9.75E+03 3.97 1.15E-03 1.18 7.46E-05 0.13 bafr 1.12E+03 0.19 -2.53E-03 -1.10 8.63E-04 0.62 bbfr -1.81E+04 -0.90 -7.31E-03 -0.92 6.45E-03 1.34 fbfr 2.64E+04 2.13 4.47E-03 0.90 2.78F~04 0.09 bbcap 2.37E+02 0.38 1.51E-04 0.61 -1.83E-04 -1.22 bbcapsq -3.57E-01 -0.07 -9.54E-07 -0.48 9.67E-07 0.80 bacap -1.49E+02 -0.27 4.93E-04 2.28 -1.92E-05 -0.15 bacapsq 4.67E+00 0.47 -9.55E-06 -2.42 3.98E-07 0.17 fbcap -6.22E+02 -2.10 -5.94E-05 -0.50 1.60F_.05 0.22 fbcap~q 3.38E-I-00 1.93 1.65E-07 0.24 -2.11E-07 -0.50 constant 4.96E+04 8.59 4.64E-02 11.03 4.56E-02 12.09 F 2975.6 186.7 2749.9 Year and SMSA specific effects and SMSA specific time trends are included but not reported. 19 Table 7: Earnings Regression Results Hotels and Lodgings Amusements and Recreation Variable Coefficient t-statistic Coefficient t~statistic whope! 7.09E-01. 22.02 warpel 7.43E-01 27.63 pop1 6.33E-01 2.60 6.00E-01' 2.19 bbco -2.01E-02 -1.56 6.92E-03 0.45 [bco 1.90E-02 1.97 -9.57E-03 -0.94 baco 2.98E-03 0.32 -6.03E-04 -0.07 bbfbc 1.89E-02 1.15 1.25E-02 0.84 bbe 8.54E-03 0.74 -1.11E-02 -0.85 bae 4.91E-03 0.60 1.65E-02 1.74 [be 7.28E-03 0.63 -4.01E-03 -0.31 bbd 9.66E-03 0.46 -1.68E-02 -0.77 bad 1.27E-02 1.29 -9.53E-03 -0.89 fbd -1.67E-02 -0.98 -2.41E-02 -1.55 bafr -4.59E-02 -1.12 -2.35E-02 -0.60 bbfr 3.33E-01 2.34 -5.32E-02 -0.38 fbfr 4.16E-02 0.35 -1.04E-01 -1.26 bbcap -8.95E-03 -2.32 3.37E-03 0.80 bbcapsq 5.36E-05 1.86 -4.52E-05 -1.39 bacap 5,05E-03 1.27 3.75E-04 0.10 bacapsq -1.05E-04 -1.50 1.24E-05 0.19 [bcap -6.47E-04 -0.25 2.87E-03 1.45 [bcapsq -7.24E-07 -0.05 -7.71E-06 -0.67 constant 1.99E-01' 5.98 1.10E-01 4.20 F 40.01 82.98 Year and SMSA specific effects and SMSA specific time trends are included but not reported. 2O BAKERSFIELD CITY MANAGER'S OFFICE MEMORANDUM August 25, 2000 TO: Councilmember Couch FROM: ~:~>~John W. Stinsb~, Assistant City Manager SUBJECT: Referrals dated 8/16/00 The following are staff responses to the referrals made by you on 8/16/00: #1 Question: Request for clean up of weeds and trash for the following areas: a. South side of Hageman, west of Centennial High School (school property); b. South side of Hageman, west of Centennial High School and the canal and adjacent private property; c. Vacant property south of the shopping center at Hageman and Coffee Road, on the east side of the road, south of Starbucks; d. Trash and weed clean up at Truxtun Avenue and Highway 99; e. Coffee Road overpass, south of Rosedale Highway. Response: a. Staff has contacted the Kern High School maintenance department. They indicated that, due to preparations for school opening, the clean up work would be slightly delayed. b. Code Enforcement has notified the North Kern Water Storage District to clean up of the area west of Centennial High School and the canal; The tumbleweeds and trash that have accumulated along the adjacent private property are in the public right-of-way adjacent to the fence, so City staff will clean up that area. A memo is enclosed from Development Services. Councilmember Couch August 25, 2000 Page 2 c. The property owner of the vacant parcel south of Starbucks, at Hageman and Coffee Road has been notified to clean up the tumbleweeds and debris on that property and to place a fire break around the property. A memo is enclosed from Development Services. d. Per the enclosed memo from Recreation and Parks, Staff has contacted Cai Trans regarding the clean up at Truxtun Avenue and Highway 99. Staff will follow up with Cai Trans if further action is required. e. City staff will remove the accumulation of debris and dry brush adjacent to the overpass, per the attached memo from Development Services. #2 Question: Request for City Attorney to respond to the letter received from the Appraisal Institute, dated August 15, 2000. Response: Correspondence from the City Attorney sent on August 17, 2000 to James L. Henderson, Secretary of the Appraisal Institute. A copy is enclosed for your information. #3 Question: Request for staff to provide an analysis of AB2928 to include benefits to the City and identify projects for which the funds will be used. Response: Public Works staff has prepared the enclosed memo in response to your request. #4 Question: Request for staff to respond to citizen Debra Coyle's concerns regarding the Shellabarger Road access issue and to draft a letter, on your behalf, to Supervisor Barbara Patrick. Response: The issue of Shellabarger Road access has been referred to the Urban Development Committee and correspondence has been sent to Debra Coyle informing her of that. A letter to Supervisor Patrick is enclosed for your review and signature. Please return it to the City Clerk next week, so that staff can mail the letter and distribute the appropriate copies. #5 Question: Request for staff to conduct a traffic study before the Meacham and Calloway project begins and also upon completion of the project. Councilmember Couch August 25, 2000 Page 3 Response: Per the enclosed memo from Public Works, traffic studies will be scheduled for before and after the proposed restaurant project is done. #6 Question: What is a reversed corner lot. Response: Planning staff has prepared the enclosed memo in response to your question. #7 Question: Request for staff to prepare a response to the "curbside recycling needed" article in the Bakersfield Californian. Response: Public Works staff has prepared the attached memo pointing out inaccuracies and oversights within the article and explaining the City's long-range strategy relative to recycling. #8 Question: Respond to citizen's suggestion for a safe bike lane on Olive Drive. Response: Public Works staff has prepared the attached memo referencing the request for bike lanes and will forward a copy to the Kern County Roads Department in whose jurisdiction the area in question is located. #9 Question: Request staff response to solicitation from the Taxpayers for Fair Competition lobbyist to support Proposition 35. Response: The August 1 request from Ted Green, lobbyist for the Taxpayers for Fair Competition organization, is one of several requests for the City and its officials to support Proposition 35. A copy of staff's prior response is attached to this memo. #10 Question: Staff response to citizen question on why ambulance company can charge more money from 7 p.m. to 7 a.m. Response: The resolution on establishing ambulance service charges is attached. This resolution, and other similar resolutions on ambulance rates, are periodically approved by Council to attempt to provide for appropriate medical responses by ambulance companies serving the City of Bakersfield. Councilmember Couch August 25, 2000 Page 4 #11 Question: Respond to question on program used relating to sale of surplus equipment. Response: The attached City Manager's staff response identifies the applicable section in the Municipal Code relating to the sale of surplus City equipment to other governmental or non-profit agencies. MEMORANDUM August 24, 2000 TO: Alan Tandy, City Manager FROM: Jack Hardisty, Development Services Di~ SUBJECT: Council Referral #WF0018575 & #WF0018/574- Hageman Road West of Centennial High School & Canal On August 23, 2000, a dry canal was observed west of Centennial High School. The ditch was covered with tumbleweeds and abandoned. On August 24, 2000, a violation notice was sent to North Kern Water Storage District. The parcel adjacent to the canal at Main Plaza & Hageman has a 20 fi. fire break around the perimeter of the property. An accumulation of tumbleweeds and trash was observed along the public right-of-way adjacent to the fence. Joe Bejarano of the City Community Services Department has been contacted requesting assistance with the removal of the trash and tumbleweeds along Hageman Road & Main Plaza. cc: Dennis Fidler, Building Director Tmdy Slater, Administrative Analyst / MEMORANDUM August 24, 2000 To: Alan Tandy, City Manager FROM: Jack Hardisty, Development Services D SUBJECT: Council Referral #WF0018573 - South of H/at,~eman Road & Coffee Road On August 23, 2000, an accumulation of tumbleweeds and trash was observed on the vacant parcel south of Starbucks. A violation notice has been sent to the property owner requesting the removal of all tumbleweeds and debris and the placement of a firebreak around the property. cc: Dennis Fidler, Building Director Trudy Slater, Administrative Analyst DEPARTMENT OF RECREATION AND PARKS DATE: August 24, 2000 TO: Alan Tandy, Cir/ty/Manager FROM: Stan Ford). {~tctor~ SUBJECT: Clean-up of Trash and Weeds at Truxtun Avenue and Highway 99 #WF0018572 CaI-Trans has been contacted by Allen Abe, Assistant Director. They have agreed to clean up the trash and weeds at Truxtun Avenue and Highway 99. Mr. Abe will monitor the situation and follow up with CaI-Trans if further action is required. RECEIVED 'CITY MANAGER'S OFF~ P:\wf0018572.wpd August 24, 2000 (11:03AM) MEMORANDUM August 24, 2000 TO: Alan Tandy, City Manager FROM: Jack Hardisty, Development Services Di ctor~~ SUBJECT: Per Councilmember Couch Request - Coffee Road Overpass South of Rosedale Highway On August 23, 2000, an accumulation of debris and dry brash was observed adjacent to the Coffee Road overpass. Joe Bejarano of the City Community Services Department has been contacted to assist in the removal of the weeds and debris. cc: Dennis Fidler, Building Director Trudy Slater, Administrative Analyst CITY ATTORNEY Bart J. Thiltgen · ~,.,. , ..: ~Sl~ CITY A~NEY Roan M. S~ Allen M. Michel G. ~lford c~.~ m CITY OF BA~RS~LD l~ice ~gi~a ~n~o O~CE OF~E C~ A~Y An~ew C. ~om~n 1~1 ~ AV~ BA~RS~LD. CA 93301 ' ~~ ~IST~NT ~ A. A~il~ TELEPHONE: ~1-~26-3721 FACSIM~E: ~1-852-2020 August q 7, 2000 Mr. James L. Henderson, Secretary The Appraisal Institute - Bakersfield Chapter P.O. Box 9491 Bakersfield, California 93389-9491 Re: MAI Designation Dear Mr. Henderson: During the City Council Meeting of August 16, 2000, Councilmember David Couch requested our office provide you a written response to your letter of August 15, 2000. Summarizing the verbal response provided to the Council, two issues were. discussed. First, as statutorily established, it is our legal opinion that use of RFP/RFQ is a valid process to obtain the most qualified professional services provided by a firm or individual which will best suit the needs of the City. It is our judgment and historical, court- related experience that in the event litigation were to be initiated concerning the value of property being acquired by the City, an MAI-designated individual is the most credible expert in court. This judgment does not mean an' SRPA or SREA-designated individual is less than equal in the eyes of the Appraisal Institute, but rather, a recognition of a local jury's perception concerning an expert's credentials under the only designations conferred by the Appraisal Institute. The recommendation of this office to only seek persons who had MAI designation is based upon this judgment in order to best serve the needs of the City. Second, we respectfully disagree with your conclusion that our decision to send the RFP/RFQ only to MAI-designated individuals "... could be found to be discriminatory .... " We have found no legal basis for concluding that an appraiser's designation in any way constitutes a protected class, from a legal discrimination analysis, and even if it did, the statutorily established basis for use of an RFP/RFQ process, as described above, has been found to be rational and constitutionally permissible. Mr. James L. Henderson, Secretary August 17, 2000 Page 2 We hope this response sufficiently explains the basis for our decision of how to proceed. Thank you for your letter response to Councilmember Couch's inquiry. If you have any questions, please do not hesitate to contact me. Very truly yours, City Attorney BJT:laa cc: Honorable Mayor and City Council (w/attached letter of August 15, 2000) Alan Ta'ndy, City Manager Gregory Klimko, Finance Director Don Anderson, Real Property Agent S:\COU NCIL\Letters\Henderson-MAI Dsg.wpd Gary Crabtree, SRA Bakersfield Chapter President Personal Office: Affiliated Appraisers P.O. Box 9491 Bakersfield, CA 93389~9491 office: 661-327-9045 fax: 661-327-2331 APPRAISAL ,,,:gcrab605@aol.com INSTITUTE® August 15, 2000 Honorable City Council Member David Couch 7805 Feather River Drive Bakersfield, CA 93308 Re: MAI Designations Dear Councilman Couch, In consonance to your request for further information regarding the MAI designation of the Appraisal Institute I am respectively submitting the following for your review and consideration. Let me state at the outset that the MAI designation is not the only designation held by members of the Appraisal Institute. Quoting from the Appraisal Institute web site "As the wodd's leading organization of professional real estate appraisers, the Appraisal Institute has general appraisal members who hold the MAI, SRPA or SREA designations and residential appraisal members who hold the SRA or RM designation." Currently, the Appraisal Institute confers one general designation, the MAi, and one residential designation, the SRA. The reason for more than one designation for each category by members of the same organization is due to mergers in 1991 of the Society of Real Estate Appraisers and the Amedcan Institute of Real Estate Appraisers. The MAI was the general designation of the Amedcan Institute of Real Estate Appraisers and the SRA was the residential designation of the Society of Real Estate Appraisers. The SRPA, SREA and MAI are each considered equal for general appraisers by the Appraisal Institute and the RM and SRA are considered equal for residential appraisers. Therefore to hold MAI as the only accepted credentials for hidng a general real estate appraiser could by found to be discriminatory to those holding the SRPA and SREA designations. Aisc the Appraisal Institute is not the only professional appraisal organization recognized by the federal government and is only one of eight professional organizations, which are part of the Appraisal Foundation. Title XI of the Federal Financial Institutions Reform, Recovery and Enforcement Act of 1989 (commonly known as the Savings and Loan Bailout Bill) requires the Federal Reserve Board and other federal agencies to issue regulations to protect federal financial and public policy interests in real estate transactions requiring the services of an appraiser. Federal law recognizes the Uniform Standards of Professional Appraisal Practice as the current industry standard and identifies the Appraisal Foundation as the authority for professional appraisal standards. An ad hoc committee made up of representatives from nine of the leading appraisal organizations in the United States and Canada developed the Uniform Standards of Professional Appraisal Practice in 1986 and 1987. The Appraisal Foundation copyrighted the Uniform Standards in 1987. By January 1989, when the Appraisal Standards Board of the Appraisal Foundation was established, the Uniform Standards had been adopted by the eight regular member o[ganizations of the Appraisal Foundation. They are now recognized throughout the United States as the P.O. Box 9491, Bakersfield, CA 93389-9491 accepted standards of appraisal practice. These are the standards that all licensed and certified appraisers must follow whether they are designated or not. The Appraisal Foundation is made up of several professional appraisal organizations many of which confer designations on their members. These organizations include: · American Association of Certified Appraisers · American Society of Appraisers · American Society of Farm Managers and Rural Appraisers · Appraisal Institute · International Association of Assessing Officers · International Right of Way Association · National Association of Independent Fee Appraisers · National Association of Master Appraisers In addition to these there are several other active professional appraisal organizations in the United States, which confer designations upon their members. While the Appraisal Institute is very proud of its professional status and designations there are many other fine organizations with professional appraisers as members. It is true that an MAI must meet the minimum Appraiser Qualification Board (AQB) criteda and be a State Certified General Appraiser, but this is required for any appraiser practicing in the State of California that provides appraisal services for any property other than 1-4 unit residential with a value of $250,000 or more that will be used in a Federally Related Transaction. This provision has been required since 1991 by the Appraisal FoundatiOn, It is also true that a 4-year college degree is required. This became effective in January 1994. The college degree can be in any subject as long as it is from an accreted institution. There are several additional courses required and a comprehensive exam. All of these are held at sanctioned Appraisal Institute facilities and taught by Appraisal Institute instructors. In addition there is a demonstration' report required which must be approved by other MAI members. There is, however, no other state administered examination for the MAI designation other that that required for all State Certified General Appraisers. The requirements for the SRA designation are much the same as the MAI with an emphasis on residential properties. For this designation the appraiser must hold the State Certified Residential Appraisers license, hold a 4-year college degree or alternative, attend additional courses and complete a demonstration appraisal report. On behalf of the Bakersfield Chapter of the Appraisal Institute I would like to thank you for your interest in our. membership and am enclosing a 2000-2001 membership roster to assist you in any decisions regarding appraisal services. We at the Appraisal Institute hope that you choose one of our appraisers and look forward to serving you inthe future. Sincerely, BAKERSFIELD CHAPTER - THE APPRAISAL INSTITUTE enderson Secretary JLH:hs ,, .City of Bakersfield WORK REQUEST PAGE 1 REQ/JOB: WF0018577 / 001 PROJECT: DATE PRINTED: 8~18~00 REQUEST DATE: 8/16/00 CREW: TIME PRINTED: 13:36:04 SCHEDULE DATES LOCATION: ~'rA/~'l': ~16~00 LOCATION ID: ZIP CODE: COMPLETION: 8/24/00 GEN. LOC: FACILITY NODES FROM: FACILITY ID: TO: REF NBR: REQ DEPT: CITY COUNCIL REFERRAL pRIORITY: HIGH REQUESTOR': 'COUCH " ORIGIN: CITY COUNCIL REFERRAL USER ID: .' RBARNHAR . WORK TYPE: REFERRAL DESCRIPTION: LETTER FROM APPRAISAL INSTITUTE REQUEST COMMENTS ***REFERRAL TO CITY ATTORNEY*** COUCH REQUESTED THE CITY ATTORNEY RESPOND TO THE LETTER RECEIVED FROM THE APPRAISAL INSTITUTE DATED AUGUST 15, 2000. Job OrderDescription: LETTER FROM APPRAISAL INSTITUTE at~gory: ..,~ CITY ATTORNEY as~:~ . ' ' RESPONSE-TO.REFERRAL ' Assigned Department: CITY ATTORNEY START DATE /.__/__ COMPLETION DATE __/__/__ BAKERSFIELD PUBLIC WORKS DEPARTMENT MEMORANDUM TO: ALAN TANDY, City Manager FROM: RAUL ROJAS, Public Works Director ~ .. DATE: August 25, 2000 SUBJECT: Analysis of Assembly Bill 2928 Council Referral WF0018568 / 001, Couch I Councilmember David Couch requested staff to provide an analysis of AB2928 to include benefits to the City and identify projects for which the funds will be used. The Legislature established the Traffic Congestion Relief Program by trailer legislation (Assembly Bill 2928, Torlakson and Senate Bill 406, Ortiz) in order to provide a total of about $7 billion in new funds for transportation over six years. These Bills identify the specific projects that are eligible for funding under the Traffic Congestion Relief Program and the funding available for each project. For 2000-01, a total of $2 billion will be provided for the Traffic Congestion Relief Program, including $1.5 billion from the General Fund and $500 million in state gasoline sales tax revenues. Of the total, $1.6 billion will be used to fund eligible projects specified in AB 2928 and SB 406, and $400 million will be allocated to local governments for streets and roads. Locally, the list of specific projects approved consist of $8,000,000 for the 7th Standard/State Route 99 interchange expansion, $30,000,000 for State Route 46 west .from Interstate 5, $12,000,000 for State Route 65, and $350,000 for the on-going Metro Area Study. Regarding the local government allocation, $400 million will be allocated this year and a little over $100 million for the following 5 years for local streets and roads. These funds will be allocated 50% for counties and 50% for cities. The city share is further allocated on a per capita basis. The City of Bakersfield is estimated to receive an allocation of $1,662,464 this fiscal year (funds are anticipated to be available early September). For the following five years, the City should receive between $400,000 and $500,000 per year from this program. For the City's expected allocation for FY 2000-2001, staff currently recommends $130,000 be specified for a traffic signal at Truxtun Plaza West and Truxtun Avenue, $530,000 for median island improvements, and $1,000,000 for road rehabilitation/resurfacing. However, there is a question as to the flexibility of the use of these funds as the Bill seems to require their use for strictly road maintenance and repair. Should this be the case, all of the funds would then need to be used for road rehabilitation/resurfacing. RECEIVED cc: Jacques R. LaRochelle, Engineering Services Manager taw:S:~TED~2000me,~o~082500,t2.wpa CiTY MANAGER'S OF~:'. .., ~ ~._~ City of Bakersfield *REPRINT* WORK REQUEST PAGE 1 REQ/JOB: WF0018568 / 001 PROJECT: DATE PRINTED: 8~18~00 REQUEST DATE: 8/16/00 CREW: TIME PRINTED: 16:15:02 SCHEDULE DATES LOCATION: ~'i'Pn<'l': ~J16~00 LOCATION ID: ZIP CODE: COMPLETION: 8/24/00 GEN. LOC: FACILITY NODES FROM: FACILITY ID: TO: REF NBR: REQ DEPT: CITY COUNCIL REFERRAL PRIORITY: HIGH REQUESTOR: COUCH ORIGIN: CITY COUNCIL REFERRAL USER ID: RBARNHAR WORK TYPE: REFERRAL DESCRIPTION: ANALYSIS OF AB2928 REQUEST COMMENTS ***REFERRAL TO PUBLIC WORKS**' COUCH REQUESTED STAFF PROVIDE ANANALYSIS OF AB2928 TO INCLUDE BENEFITS TO THE CITY AND IDENTIFY PROJECTS OF WHICH THE FUNDS WILL BE USED. Job Order Description: ANALYSIS OF AB2928 Cat~gory: PUBLIC WORKS Task: RESPONSE TO REFERRAL Assigned Department: PUBLIC WORKS START DATE / / COMPLETION DATE / / BAKERSFIELD PUBLIC WORKS DEPARTMENT 1501 TRUXTUN AVENUE BAKERSFIELD, CALIFORNIA 93301 (661) 326-3724 PAUL M. ROJAS, DIRFJ~OR · CITY E~GINEER August 24, 2000 Mrs. Debra Coyle 10417 Shellabarger Road Bakersfield CA 93312 Subject: Shellabarger Road Access Dear Mrs. Coyle: Your concerns for service and safety on the Shellabarger Road have been acknowledged for consideration. The item has been referred to the Urban Development Committee for discussion and Committee recommendation at their next meeting under Deferred Business. The proposed meeting date is as follows: URBAN DEVELOPMENT COMMITTEE of the City Council - City of Bakersfield Thursday, September 21, 2000 4:00 p.m. City Manager's Conference Room City Hall - Second Floor, Suite 201 1501 Truxtun Avenue Bakersfield, California 93301 For additional information regarding this matter, please call our office at (661) 326-3596. Sincerely, UL ROJA$ Public Works Director r-'~'~ Alan Tandy, City Manager Councilmember David R. Couch, Ward"4 Bart Thiltgen, City Attorney 31TY M · ANAGER S OFF~CE Marian P. Shaw, Civil Engineer-Subdivision City of Bakersfield *REPRINT* WORK REQUEST PAGE 1 REQ/JOB: WF0018576 / 001 PROJECT: DATE PRINTED: 8~24~00 REQUEST DATE: 8/16/00 CREW: TIME PRINTED: 14:35:53 SCHEDULE DATES LOCATION: $TAI<'I': ~16~00 LOCATION ID: ZIP CODE: COMPLETION: 8/24/00 GEN. LOC: FACILITY NODES FROM: FACILITY ID: TO: REF NBR: REQ DEPT: CITY COUNCIL REFERRAL PRIORITY: HIGH REQUESTOR: COUCH ORIGIN: CITY COUNCIL REFERRAL USER ID: RBARNHAR WORK TYPE: REFERRAL DESCRIPTION: SHELLABARGER ROAD REQUEST COMMENTS ***REFERRAL TO PUBLIC WORKS - LEAD & CITY ATTORNEY*** COUCH REFERRED TO STAFF THE ISSUE OF SHELLABARGER ROAD. COPY OF RELATED CORRESPONDENCE AVAILABLE AT THE CITY CLERK'S OFFICE FRONT COUNTER. Job Order Description: SHELLABARGER ROAD CatDgory: PUBLIC WORKS Task: RESPONSE TO REFERRAL Assigned Department: PUBLIC WORKS START DATE / / COMPLETION DATE / / REC'D & PLACED ON FILE AT COUNCIL MEETING OF 3'anuary 5, 2000 CouaciL-'na.,-i Da,rid Couch Bak;rsiield City Council 1 $0 l Tmxtun Avenue ~Bake'sfield, CA 93301 Dca' Councilman Couch: Subject: Shallabuser Road The instaUation ora gate on $hailabarger Road wu rccc~tly brought to my attemicn, At mi,' request ow Metropolitan Unit Commit, der inv=siisal¢c! U3c ar~a. We have detcrmi~ the bloekase of Shallabsrger Road causes a two-fold problem-aervic¢ a~d sai'r,y. Sballabarget Road is blocked off approxtmateb' 3/4 of & mile w~t of Calloway. Ifmedica! emergeacy or law eaforeemem service providera ar~ act aw'aze of the gate, they are forced to rea'ace their st~ps back to Calloway t'or a¢coaa; This cau.~¢s a thru- to fiv¢-minu:¢ dclay in service. Secoodl¥, is the i$1u¢ ot~ sa£ety. If law cnforccmenl officers, me41ieal emerg-..nc), providers or tho public arc eot aware o£th, mad block, tragedy could occur msul.Sng in serious injuz'~,' or loss of life. It ia th~refor~ our reco,~,-nendaiion thc ~a.~o located at the wost end of Shallaba~g~ Kca~ bc r~moved. Sincerely. Carl Sparks Sheriff-Coroner D 1123.cs ~ D AT COUNCIL MEETIFJ~ OF D~..ember 1~, 1999 REC'D & PLACED ON FILE AT COUNCIL MEETING OF lanuary f, 2000 u,~ ams nn~s £oumciL-n~n Da-,dd Couch Bak.-rsl~eld City Council 1501 Tru~tun Aven,.~e Bakersfield, CA 9330~ -- The installation of a gate on Shailabarg~r Road wa~ recently brought to my' attention, At my request otu' Meuopolitan Uni[ Commander inv~stiiaicc! thc ar~a. We have dcmcrmiu~d the blockage of Shallabarier Road causes a two-fold problem-service and salty. Shall,tbarg~ Road is blocked off aluproxlmatcly 3/4 of a aide v¢~t of Calloway. Ifmedica! emergeucy or la,.,,' edurccrnett sciwice providerm aix uti aware of the gate, they a,'~ forced to retrace ,.heir si~ps brock to Calloway for acc0saJ Tkis causes a thru- to fivc-minu'.c delay in service. S~..olaily, is the i$~t;e of safety. If law cnforccmen! officers, medical emergency providc:'s or thc public ~ not aware of the rc~ block, tra$~cly could occur rm~l.:in8 in serious injury' or lo~$ of life. It is th-rdor~ ou~ momm,u~t/o:~ thc S~c loeatc. A at the wc~ eud of $hallabarger Ruafl bc r~mov~t. Sincerely, Carl Sparks Sheriff-Coroncr~ :: r'" ' .~ ~'~. ~' ~' ,'.~. "~ ' ~ REC'D & PLACED ON F~LE ~ou~AT COUNCIL MEETING OF SHELLABARGER RESIDENTS AND .HOMEOWNERS PETITION This is a petition to open the west end of Shellaba:rger Road. The west end of our street has been closed because of a petition. Everyone thought it was going straight through to Jewetta..The housing track has 5 tums before we get to Jewetta and 3 turns before we can get to Palm. The housing track is very neighborhood friendly. It is a very good option. In case an emergency arises during the Callowa)/.construction, or any other time, this would be the only other way out. We have had mishaps in the past causing our road to be closed to through traffic, Where we couldn't get to the end of our street in either direction. We have waited for hours until P.G. and E. had the repairs completed. In an emergency the street will be closed until the fire de'pt or other authorities feel it is safe. It does not matter to them what we say, we will not get through until they feel it's safe. When the road is tom up and repaved we will have another option. We could go west and avoid all the construction completely. In two or more years wfien Shel!abarger has access to a light at SliCker (formerly An Stree0 and Calloway, it will be a very congested intersection. We will be sharing th/s with Palm and. other neighborhoods. We will be forced to use this route to enter and exit Shellabarger, by the traffic light. Shellabarger Road will be a dead end street, at the east end. We will probably only-have one lane for a left-hand turn, Slicker and Langley will also be' adjoined at this intersection. Langley is a commercial area with~ many businesses, .some businesses have many vehicles and equipment, that will be entering and exiting Calloway. We could avoid this intersection completely by using the west end of Shellabarger, especially during the rush hours. By September, the Calloway Drive project will be complete.with six lanes from Rosedale Hwy to the railroad tracks. We will be living with this traffic for up to 2 years with only one way out. THINK ABOUT CALL0WAY! Have you seen the new hous/hg tracks being built to the north and south? Its is really growing out here in Rosedale and So is the traffic. We must have another way to enter and exit safely. Our only option will be to open the west end of Shellabarger. SHELLABARGER RESIDENTS AND HOMEOWNERS PETITION FOR THE WEST END OPENING ~. ?,,.,~ ~ /~,',~~ ~- 9. O,;&x.o,W~W, ~. ,. ,, ,. ~3.~ ~ ~~v,O -~~ a~~/c~.. , ..'. 17. 21. ~,.~ 24. [aM~ -28. ~~. ~.. k~" tob~.~ 5~~~ - '" 29. ~ff~'lO~gl 30. D~ d~ )o~ a~~~ k4'a . 31. 40. SHELLABARGER RESIDENTS AND HOMEOWNERS PETITION FOR THE WEST END OPENI IF4G. 63. 72. -78 .... ~4 ~00 101 '- 102 103 104 105 106 107 108 109 110 q BAKERSFIELD CALIFORNIA ~ ~ ~'~,~'~' August 25, 2000 CITY COUNCIL · Board of Supervisors County of Kern Bob Price 1115 Truxtun Avenue Mayor Bakersfield, CA 93301 Irma Carson Attention: Barbara Patrick lftce-Mayor W~-d~ Supervisor, District 3 Patricia DeMond Subject: Shellabarger Road Ward2 Mike Maggard Dear Supervisor Patrick: Ward3 Thank you for your recent letter regarding this issue. I would like to discuss certain David Couch statements that have been made which, I am afraid, are either not accurate or have Ward4 been misinterpreted. Randy Rowles As you are aware, Shellabarger Road is essentially a 3/4 mile long cul-de-sac within w~as the County's jurisdiction. This condition is a long-standing one, which has given both jurisdictions cause for concern with respect to the safety of the residents under Jacquie Sullivan W~d6 emergency situations. These safety issues were in existence well before 1993, when Tract 5684 was approved as a tentative tract in the City. As a part of the Mark Salvaggio City's usual review of circulation with new developments, the map approved by the w~-a ? City Planning ·Commission shows a full connection of Pepita Way to Shellabarger Road and required some land from an adjoining property owner. However, while the tract was under construction, the City received a petition from the County residents asking that this connection not be made. This caused great difficulties in the negotiations for the adjoining property. In direct response to the concerns of the County residents, the City required the intersection be gated to provide Fire Department access only. Since the gate is there at the request of County residents, it is apparent that the gate was to preclude city residents from using the County road. Tract 5684, in and of itself, has perfectly adequate interior circulation and does not need the connection to Shellabarger. The status of Shellabarger has not changed - it is still a 3/4 mile long cul-de-sac. The connection of Pepita Way to Shellabarger will only improve circulation for the Shellabarger residents, not worsen it. Additionally, I believe that the residents of Shellabarger have some.concerns about the construction of the Calloway Road railroad underpass and its effects upon their ability to access Calloway, but I am confident that your Public Works staff has considered this in their design and it will be taken care of. 1501 Truxtun'Avenue · Bakersfield, California 93301 · (661) 326-3767 · Fax (661) 323-3780 County of Kern Board of Supervisors ATT: Barbara Patrick August 25, 2000 Page 2 I agree with your statement that the first responsibility of an elected official is for the safety and well being of the citizens being represented. However, Shellabarger has been in existence for a very long time. To date, the County has not taken any action to relieve the safety problems inherent in this 3/4 mile long cul-de-sac, but instead is now attempting to rely on the City's action to solve their problem for them. This item is currently 'before the City Council's Urban Development Committee. At the April 24, 2000, meeting, County staff proposed constructing a temporary non- standard connection at Pepita Way and Shellabarger. Our Public Works Department .is very concerned about opening an admitted substandard road to the public, and would prefer the full conr~ection be constructed, either at Pepita Way or another location along Shellabarger. The Urban Development Committee asked that City and County staff meet to explore various options of providing a connecting road through to Shellabarger. This meeting has taken place very recently, and several proposals were reviewed. Firstly, the subject of fire safety and the 3/4 mile long cul-de-sac was not a real issue for County staff - the County's main concern was circulation during the construction of the Calloway Road grade separation. Construction starts on the grade separation on or about August 16, 2000, and the Roads Department wants to provide another access point for the Shellabarger residents. The connection of Verdugo to Shellabarger is not viewed by your staff as a viable option, since the cost would be around $200,000. Their proposal is a temporary, nonstandard connection at Pepita Way and Shellabarger Road which would use the existing . right-of-way on the north side of the road. They estimate that this would cost approximately $20,000 and would be constructed and paid for by the County. The permanent solution would be the full connection at Pepita Way and Shellabarger Road. Unfortunately, this will involve a condemnation action by the City Council and the-construction of curb, gutter, sidewalk and paving at a currently estimated cost of $70,000. During staff's discussion, the County staff agreed to consider funding this, since it was so much cheaper than connecting Verdugo. Barbara, I am sure that your Board is as reluctant as our Council to go into eminent domain proceedings, especially when the right-of-way is needed to correct a problem that has existed in your jurisdiction for several years. I ask that you give serious consideration to providing funding for this. Your participation will solve at least three problems - it will provide the fire safety access we both desire; it will provide additional access for the Shellabarger residents during construction of the Calloway Road grade separation Project; and it will'help me in trying to convince my fellow councilmembers to initiate eminent domain proceedings. As of this date, the Urban-Development Committee has not taken any action on this issue, as there were options that had not yet ~been explored. It is scheduled for the next committee meeting, where -the results of the meeting between our respective staffs will be presented. County of Kern Board of Supervisors ATT: Barbara Patrick August' 25, 2000 Page 3 Again, the gate at the end of Pepita Way was installed in response to the strongly expressed desire of the County residents of Shellabarger Road to not permit access to the west end of Shellabarger. Because of this, .the opportunity to have the right- of-way acqUired and the street constructed as a part of the subdivision process has passed. Now, the Shellabarger residents have a strongly expressed desire to have this connection-made. We both wish a safe resolution to the existing problem of Shellabarger, but simply opening the gate is not the long-term solution, as your own Roads department will not hesitate to tell you. The best way to solve this problem is the construction of either the full connection of Pepita Way to Shellabarger, or the construction of another street to connect to Shellabarger in the County. Either option will take time - time for acquiring the proper right-of-way and time for the actual design and construction of the connection. I believe it would be time well spent if the result is a safe street connecting the City and County jurisdictiOns. This has been a very difficult issue to resolve. With your cooperation on this project, however, I believe that we can proceed with a solution that fits the needs of residents of both the unincorporated and incorporated area of these neighborhoods. Sincerely, DRAFT?,,- ...... DAVID COUCH Councilmember, Ward 4 City of Bakersfield c: Alan Tandy, City Manager Raul :Rojas, City of Bakersfield Public Works Director Jacques-R. LaRochelle, Engineering Services Manager Marian Shaw, Civil Engineer IV-Subdivisions Ron Fraze, City of Bakersfield Fire Chief Dan Clark, Kern County Fire Chief BAKERSFIELD PUBLIC WORKS DEPARTMENT k. MEMORANDUM TO: ALAN TANDY, CITY MANAGER FROM: RAUL M. ROJAS, PUBLIC WORKS DIRECTOR ~.-~.~,..../ DATE: August 23, 2000 SUBJECT: COUNCIL REFERRAL WF00185781001, WARD 4, TRAFFIC STUDY MEACHAM & CALLOWAY (GPA/ZC P00-0253). "COUCH REQUESTED STAFF CONDUCT TRAFFIC STUDY BEFORE THE MEACHAM &CALLOWAY PROJECT BEGINS AND ALSO UPON COMPLETION OF THE PROJECT.." The project at Meacham and Calloway is a proposed restaurant that was recently approved with General Plan Amendment and Zone Change P00~0253 and located at the north west corner of Meacham and Calloway. The Traffic Engineer has scheduled a traffic study to begin after school starts to get an accurate-base count of the traffic volumes. An "after" study will be performed when the restaurant has been in operation for a period of time to reflect the typical traffic conditions. If possible, .the "after" study will be performed at the same time of the year as the "before" study. The Traffic Engineer will produce a report when the study is completed. cc: Traffic Engineering File - GPA/ZC P00-0253 Sedona Manor Restaurant Marc Gauthier, Planning Department - File GPA/ZC P00-0253 Sedona Manor Restaurant slw: S:\WP\CC REFS\WF0018578.MeachamCalIoway. GPA&ZC P00-0253,ref. wpd ~ ~ ~'~ ~'~ ~% *' ,e=' Ir~ Page 1 of I AUG 2 a 2000 CI~ MANAGER'S City of Bakersfield *REPRINT* WORK REQUEST PAGE 1 REQ/JOB: WF0018578 / 001 PROJECT: DATE PRINTED: 8~24~00 REQUEST DATE: 8/16/00 CREW: TIME PRINTED: 14:36:44 SCHEDULE DATES LOCATION: S'I'A~'±': ~16~00 LOCATION ID: ZIP CODE: COMPLETION: 8/24/00 GEN. LOC: FACILITY NODES FROM: FACILITY ID: TO: REF NBR: REQ DEPT: CITY COUNCIL REFERRAL PRIORITY: HIGH REQUESTOR: COUCH ORIGIN: CITY COUNCIL REFERRAL USER ID: RBARNHAR WORK TYPE: REFERRAL DESCRIPTION: TRAFFIC STUDY MEACHAM & CALLOWAY REQUEST COMMENTS ***REFERRAL TO PUBLIC WORKS*** COUCH REQUESTED STAFF CONDUCT TRAFFIC STUDY BEFORE THE MEACHAM & CALLOWAY PROJECT BEGINS AND ALSO UPON COMPLETION OF THE PROJECT. Job Order Description: TRAFFIC STUDY MEACHAM & CALLOWAY Category: PUBLIC WORKS Task: RESPONSE TO REFERRAL Assigned Department: PUBLIC WORKS START DATE / / COMPLETION DATE / / RECEIVED' AU~ 2 ~ 2000 O R A N D U M CITY MANAGER'S ©F August 24, 2000 TO: TRUDY SLATER, ADMINISTRATIVE ANALYST FROM: JIM EGGERT, PRINCIPAL PLAN~ SUBJECT: WHAT IS A REVERSED CORNER LOT? A reversed comer lot is a comer lot where its side lot line abuts an adjacent interior lot's front lot line (this other lot is also referred to as a key lot). Instead of having typical lots where the back yard of one will abut the back yard of another, the back yard of a reversed comer lot will abut the side and front yards of the adjacent lot, (please refer to the diagram below). These lots are usually discouraged but in some instances they may be unavoidable. Therefore, the Planning Commission can approve them as a modification to the subdivision design standards. Illustration of Terms I gl i : LOt ~ ~~IORLO~ NOTICE OF PUBLIC HEARING AND PROPOSED NEGATIVE DECLARATION BEFORE THE PLANNING COMMISSION OF THE CITY OF BAKERSFIELD NOTICE IS HEREBY GIVEN that a hearing accepting testimony will be held before the Planning Commission of the City of Bakersfield. The hearing will begin at 5:30 p.m., or as soon thereafter as the matter may be heard on THURSDAY, SEPTEMBER 7, 2000, in the Council Chambers of City Hall, 1501 Truxtun Avenue, Bakersfield, California, 93301, to consider the following request: 1. The project to be considered: VESTING TENTATIVE TRACT 6005 containing 131 lots on 33.92 acres for single fa~3J~esidential purposes, zoned R-1 (One Family Dwelling) an~_dd to allow reverse corner lots. ' 2. Project location: Located on the the southeast corner of Hageman Road and Riverlakes Drive; being a portion of the southeast quarter of Section 17, and a portion of the northeast quarter of Section 20, T295, R27E, MDM. 3. The name and address of the project applicant: Porter-Robertson 1200 21st Street Bakersfield CA 93301 NOTICE IS ALSO HEREBY GIVEN that a public hearing will be held at the same time and place by the Planning Commission to receive input from the public on the potential effect of this project on the environment. Pursuant to the California Environmental Quality Act (CEQA), an Initial Study has been prepared, describing the degree of possible environmental impact of the proposed project. This study has shown that the proposal (as mitigated) will not have a significant effect on the environment; therefore, a Negative Declaration is proposed. Copies of the Initial Study and proposed Negative Declaration are on file and available to the public through the Planning Department (contact Jennie Eng) in the Development Services building at 1715 Chester Avenue, or by telephoning the department at (661) 326-3733. PUBLIC COMMENT regarding the proposed project and/or adequacy of the Negative Declaration, including requests for additional environmental review, will be accepted in writing on or before the hearing date indicated above at the Planning Department. If you challenge the action taken on this proposal in court, you may be limited to raising only those issues raised at the public hearing, or in written correspondence delivered to the City of Bakersfield prior to the close of the hearing. DATED: August 14, 2000 POSTED: August 17, 2000 Planning Director 1( | jeng S:~ TRAC TSi6OO5~nph. wpd VESTING TENTATIVE TRACT 6005 R-2 R-2 P.C.D. __ M-2 M-$ i C-2 (P.C.D.) P.C.O. M-1 0 500 1000 Feet' ~ 60001 .apr T29S. R27E BAKERSFIELD PUBLIC WORKS DEPARTMENT MEMORANDUM DATE: August 25, 2000 TO: Alan Tandy, City Manager FROM: Raul Rojas, Public Works Director SUBJECT: NEWSPAPER EDITORIAL ON RECYCLING A recent newspaper editorial negatively reported Bakersfield as having only a 36% recycling rate compared to a 49% rate reported for the County. The article also shamed Bakersfield for not yet having curbside recycling of household trash. With regard to the recycling rate, the article failed to mention an important fact provided to reporters by staff back in July. The 36% rate was based on initial disposal reports provided to the State by the County. When revised numbers are used to account for the mix of City and County waste being picked up in the same loads, Bakersfield's recycling rate increases to about 40%. These numbers will be included in the official 1999 State report to be filed later this month. A similar situation occurred with the City of Redding and Shasta County, at the opposite end of the Central Valley. Like Bakersfield, Redding had to demonstrate that waste from outside City limits was artificially lowering the City's recycling rate. With regard to curbside recycling, the article points to Bakersfield as the largest West Coast city without curbside recycling of paper, bottles, and cans. However, the article does not mention the fact that Bakersfield is also the largest city with a fiat fee for residential landfill costs. Flat fees prevent paying for recycling programs with landfill fee savings. Thus, the City's strategy has been to pursue lower-cost green waste recycling and commercial recycling which result in landfill fee savings. Because the fiat fee approach was chosen long ago in an effort to prevent illegal dumping, local recycling and disposal economics have evolved quite differently from the rest of the state. If there is a desire to meet the increasingly popular demand for curbside recycling, these economics will have to be addressed. G:~GROUP DAT~Me mo~2000~lwsEdit orial,..Recycling.wlx:l CiTY MANAGER'S OF Curbside recycling needed C urbside trash recycling makes leaders are ~reluctant to implement a sense ~- may be not always dol- curbside recycling program.. Instead, lar-and-cents sense, but certainly they have targeted reductions in bulky~ environmental sense. It encourages a waste -- green waste and construction 'community to save and preserve, rather waste. than waste and destroy. O~ the 600 people responding to a Embarrassingly, Bakersfield is the city-funded survey this year, 60 percent largest city on the West said they were interested in .Coast that does not have a a curbside program. Bfit, 37 !;~.urbside recycling program percent of those surveyed ~'~pr household trash, said they did not want to ~ It has a successful curb- pay for the service, which side green waste (yard clip- would add about $2 to $3 to ~ings) recycling program, monthly trash bills. ~' t]ut the only recycling of The apparent widespread common household traSh interest in curbside recy- -- newspapem, cans, plas- cling is encouraging. That' t~c and glass bottles, etc.- some object to the cost ' ~.is done at a few disposal should not discourage city ~ites scattered about the officials from pumuing this ~.city. worthwhile program. As a result, only about It's a matter of leadership. llalf the volume of txash reclaimed in Bakersfield' City Council members and comparable cities .is .recycled in Kern County supervisom should demon- ?akersfield, The Californian revealed in strate leademhip by moving the commu- a recent - in-depth report. While nity toward implementing curbside recy- Bakemfield retrieves only 6,000 tons of cling. recyclables from its drop-off centers, * Meetings should be scheduled ,to Glendale collects 16,400 tons and San build community consensus, hear resi- Bemardino collects 11,300 tons from dents' concerns and formulate a conve- curbside programs. Santa Clarita, with a nient, acceptable program. population 36 percent less than · Negotiations between county and Bakersfield, retrieves 11,400 tons -- 90 city officials should'begin to reduce the percent more than Bakersfield. amount city residents pay to support the Recyclable trash is flowing from city county's landfills. Curbside recycling: trash cans into Kem County landf'fll should reduce the burden city residents ?dumps, reducing their capacity and expos- 'place on landfills. The effort should be :~ihg the city to possible state fines for oper- rewarded by a reduction in the annual ' ating an inadequate disposalprogra~ fee city residents pay. The reduction State law requires Bakersfield and other could help offset the cost of operating a cities ~und counties in California to achieve curbside recycling program. a 50 percent reduction of their flow of · California Beverage Container trash into landfills by the end of this year. Recycling 'and Litter Reduction Act In 1999, Kern County achieved a 49 percent (Bottle Bill) grants should be sought., to reduction, Bakersfield's was only 36 per- help pay for curbside recycling. cent-:- below the state average. .. Even at $2 to $3 a month ,- the cost 'While city officials believe they will be of a couple of cups of coffee -- curbside ~- able to show a '~good faith effort" and be recycling is worth it. City and county '~ granted an extension to avoid state officials working with metroPolitan i penalties, a curbside recycling program Bakersfield residents should be able to i could bring the city closer to compliance,devise a curbside recycling program that ~ Fearful of community opposition, city can curb even this modest cost. a d N bisco n a IOreo Cookies:,.- Selected Varieties-20 oz. pko. 99 With ]~./ph~ CLUB lb. Save up to 3.76 ,fg,s Coupon in Most q AAI/ , .,.oo,, HD Designs ONE. Barbecue Utensils ' Selected 'Varieties each With Ralphs Club & with this coupon Limit One FREE Item and One Coupon Per Customer. COupon Effect ve August ~0 thru August 22, 2000 ep ' Maalox Istals ,Extra Streqgth ~ Liquid-12 OZ. or uuicK - Dissolve-65 ct. Tablets 599 i, Save up to 1.00 "~- ' 'I Ralphs Club i"mer Herbal Essences Shampoo or Conditioner Selected Varieties-lO.2 oz. to 12 oz. or Styling Products-6 oz. to 8.5 oz. pkg. 9 69 BAKERSFIELD PUBLIC WORKS DEPARTMENT MEMORANDUM TO: ALAN TANDY, CITY MANAGER FROM: RAUL M. ROJAS, PUBLIC WORKS DATE: August 24, 2000 SUBJECT: COUNCIL REFERRAL (INFORMAL-NO NUMBER), WARD 4, BIKE LANES FOR OLIVE DRIVE. "COUCH REQUESTED STAFF RESPOND TO CORRESPONDENCE FROM MARK CRONQUIST REQUESTING BIKE LANES ON OLIVE DRIVE." The Traffic Engineer investigated the request for bike lanes on Olive Drive. The area of Olive Drive that is described in the correspondence is located in the County and not within City jurisdiction. Olive Drive, from Highway 99 to Coffee Road, is a County road with houses and business fronting the road and with cars parked on the street. The road has a wide median and two lane of traffic in each direction. A copy of the letter from Mr Cronquist will be sent to the Kern County Road Department for their action. RE ,E VcD slw: S:WVP\CC_REFS\Ward4 Ref. BikeLaneOlive.ref. wpd Page I of I 21TY MANAGER'S BAKERSFIELD PUBLIC WORKS DEPARTMENT 1501 TRUXTUN AVENUE BAKERSFIELD, CALIFORNIA 93301 (661) 326-3'/24 PAUL M. ROJAS, DIRECTOR · CITY ENGINEER August 24, 2000 KERN COUNTY ROAD DEPARTMENT 2700 'M' STREET, SUITE 400 BAKERSFIELD, CA 93301 ATTN: BARRY HAYSLETT, TRAFFIC ENGINEER Re: OLIVE DRIVE BIKE LANES REQUEST LETTER Gentlemen: We recently received a letter from a resident in the Olive Drive area, requesting help in getting bike lanes on Olive Drive. From the description in the letter, the area of Olive Drive in question is between Highway 99 and Coffee. Since this area is not in the City Limits and is under Kern County jurisdiction, I am forwarding the letter to you for your action. The area west of Coffee is in the City, but not currently listed as a future bike route. We can consider including Olive west of Coffee as a bike lane street if the County designates Olive east of Coffee as a bike lane street. Thanks for your help, If we can be of assistance in this matter, please call. Very truly yours, Raul M. Rojas Public Works Director by Stephen L. Walker Traffic Engineer cc: Mr. Mark Cronquist S:\VVP\CC_REFS\Ward4Ref. BikeLaneOliveDrive.ltr. ref. wpd August 1, 2000 Bakersfield City Council David Couch 1501 Tmxtun Ave. - -- Bakersfield,' CA 93301 ReX Olive Dr. Bike Lane It is becoming difficult for a bicyclist to safely ride a bike on Olive Dr. It is even harder in the areas where cars are parked on the street. This discourages people from riding their bikes to the bus stop, located on that street and to businesses located there. A bike lane would define a space for cars and a space for bicycles. This would increase safety for everyone using the road. In turn, more people might use their bikes on the street, helping to free up congestion and clean up the air. I do not know the proper place to make a request for a bike lane. If you could assist me with this project, I would appreciate your help. I hope that you will take my request under careful review. Thank you for time and consideration. Sincerely, Mark Cronquist 4409 ONYX CT. BAKERSFIELD, CA 93308 BAKERSFIELD CITY MANAGER'S OFFICE MEMORANDUM April 28, 2000 TO: ALAN TANDY, CITY MANAGER FROM: TRUDY SLATER, ADMINISTRATIVE ANALYST Ill ~~'~ SUBJECT: TAXPAYERS FOR FAIR COMPETITION REQUEST FOR SUPPORT FOR THE "FAIR COMPETITION AND TAXPAYER SAVINGS ACT" ON THE NOVEMBER 2000 'BALLOT (Council Referral #WF00t 8448/001) The attached letter from the Burlingame and Los Angeles offices of the Taxpayers for Fair Competition asks for support for its initiative on the November statewide ballot concerning "the design of public works projects," entitled -the Fair Competition and Taxpayer Savings Act. Several requests for support have been received by City officials over the past year. The first requests were in mid-1999 when Mayor Price received the request and asked the Attorney's Office to respond. At that time this legislation was before the California State Legislature as AB 1448 and ACA 16 (both introduced by Assemblymember Cox). ACA 16 has had no activity since March 1999; AB 1448 died in committee. The legislation, now in proposition form, has qualified for the November 2000 ballot instead of the March ballot which was originally intended. Concerns listed in the Attorney's letter of May 1999 still apply. Cities can already contract outside for the services proposed within the initiative (architectural and engineering services), thus the need for a constitutional initiative relative to that is unnecessary. Division two, sections 4525, et seq., of the Government Code covers contracts with private architects and engineering firms and allows such contracts for state agencies only. The Attorney General has held these code sections do not apply to local governmental agencies. Therefore, charter cities-(such as Bakersfield) can argue that contracting with local architects and engineers is a matter of purely local concern. Charter cities regularly argue that state law does not apply to their decisions if the .matter under consideration is one of purely local concern. Contracting for local public works projects has been a subject of local control. The initiative clearly states the act "seeks to comprehensively regulate the matters which are contained within its provisions. These are matters of statewide concern and when enacted are intended to apply to charter cities as well as all other government entities." The initiative also states that "All architectural and engineering services shall 'be procured pursuant to a fair, competitive selection process (emphasis added) which prohibits governmental agency employees from participating in the selection process when they have a Alan Tandy April 28, 2000 Taxpayers for Fair Competition Request for Support for the Page 2 "Fair Competition and Taxpayer Savings Act" on the November 2000 Ballot (Council Referral #WF0018448/001) financial or business relationship with any pdvate entity seeking the contract, and the procedure shall require compliance with all laws regarding political contributions, conflicts of interest or unlawful activities." As indicated in the Attorney's letter of May 1999, a court might interpret the "competitive selection process" as requiring the City to select the lowest .responsible bidder, or other contractors may use the language to attack whatever process the City did employ in choosing architectural and engineering services. The League of California cities has indicated there may still be discussion among the Legislature regarding handling this issue legislatively rather than through the initiative process, although staff has heard no recent indication of any forward movement. The initiative can still be withdrawn by its proponents should this occur. The Attorney's May 1999 memorandum recommended declining the offer to support this legislation/initiative. I believe this continues to be an appropriate course of action. Please let me know if anything further is needed. The Attorney's May memorandum is attached. (P:~T/M0004271) Attachments: Letter of request for support and initiative measure Attorney's letter dated May 18, 1999 cc: Bart Thiltgen, City Attorney Alan Daniel, Assistant City Attorney To: Irma Carson , City of Bakersfield Fax Number: 6613233780 [1 11500 W. Olympic Boulevard, #840 · Los Angeles. CA 90064 · 310-996-2600 , FAX: 310-996-2673 ~ f'-: ~ Fax Cover Sheet - Date: ~t ~, 2~0 F~ ~: ayors/C0un~mbe~/Ci~ Man~e~/Pubic Wo~ Dke~~ From: Ted Green Number of pages following this one: ~ Comment_s_:_ On Saturday, July 29 the Board of Directors of the League of California Cites voted to SUPPORT Proposition 35 - thc Fak Competition and Tax'payer Savings initiative. ~ In addition to the League, Prop. 35 is supported by the California State Association of Counties, California Contract Cities Association, California Speci,! Districts Association and more t. hart 160 individual tide.s, counties and other local government agencies. I'd like to invite your city to pass a resolution supporting Prop. 35 as well. Attached is a fict sheet, which explains the importance of Prop. 35 as well as a Sample. Resolution for youx Council's consideration. If you have any questions, please call me at 310/996-2671. ' Please call us at (310) 996-2600 if material is not received properly. Thank You. "The State of California and all other governmental entities, including, but not limited to, cities, counties, school districts and other special districts, local and regional agencies and joint power agencies, shall be allowed to contract with quali~ed private entities for architectural and engineering services for all public works of irnprovernent. " (Section 3, Paragraph 1 of the Fair Competition Act) The League of California Cities, Local Governments Are Vulnerable Cafifornia State Association of to Lawsuits on Contracting Out Counties and Over 150 Cities, Local governments are being sued for their use Counties and Public Agencies of outside contractors. The lawsuits are based Support Prop. 35 on the PECG v. Caltrans Supreme Court decision, (resulting from a lawsuit filed by a This straightforward, common-sense initiative small group of Caltrans engineers who want to on the November ballot will ensure local keep all work in-house). The Supreme Court governments have the flexibility to contract interpreted the State Constitution to read that if with private sector architecture and engineer- any public employee has ever performed a job. lng firms when it makes sense to do so - that work must always be performed by a something 49 other states do already. Not only is ~his a common-sense approach that public employee. helps deliver projects on time and on budget, it The result is a virtual ban on the State's has savedtaxpayersmoney, ability to contract with private sector design firms. The legal precedent set by Why ls Prop, 35 So Important to those lawsuits is now threatening local Local Government? governments as well. Historically, most local governments and agencies have successfully used contracting Charter or General Law City/County for architectural and engineering services as a way to get the job done in a fast, cost-effective - Everyone Is Vulnerable fashion. P_P_[op. 35 is on the ballot because that Most charter cities and counties have similar practice is injeoj3ardytodav, language to the state constitution when it comes to civil service law which makes them Prop. 35 is supported by' vulnerable to lawsuits like PECG v. Caltrans. League of California Cities California State Association of Counties, However, non.charter cities and counties aren 1 The California Special Districts Association, immune either: Sections 31000 & 37103 of the California Contract Cities Association, government code (which governs general law California GroundwaterAssociation, counties and general law cities) permits California Park and Recreation Society, contracting out for "special services" including National Council for Public-Private Partnerships, A&E. The case law that has evolved California Taxpayers' Association, interpreting these sections prevents Californians for Better Transportation ... contracting if the services can be performed in- house. and more than 150 cities, counties, special dist/~cts, water and irrigation ~1istricts and school districts. Status Quo Surrenders Local Control Even Seismic Retrofit Work Is to the State Threatened The ban on state contracting essentially takes The existing lawsuits have already caused the control over many local projects and gives it to termination of 24 existing earthquake contracts the state. with private firms. Without a change in the law, state bureaucrats will control your projects. Does anyone really A Few Examples of the Need for believe you'll be able to approach a big, Prop. 35: Sacramento bureaucracy and insist a project · The City Attorney in the City of San Diego be done when you want it? Hardly. And if has told the city that any future contracting out completion of a local project depends on state should be done under the conditions set forth infrastructure, such as an off' ramp, you'll be in under the decision in PECG v. Caltrans - the same situation. conditions which make contracting out next to impossible. The City Attorney reasoned that Huge Infrastructure Improvement there were enough similarities between the Backlog ... And it's Growing State Constitution and San Diego's City Thousands ofoverpasses, bridges and schools Charter, to make the court decision apply to await earthquake retrofitting; highway projects the city as we!l; are stalled; road and transit improvement and , A lawsuit has been filed to terminate expansions are funded but notmovingforward. private sector architectural and engineering Of course, local projects get caught in the contracts on the San Francisco Airport Caltransbacklog, too. expansion and turn that work over to public employees-the costs and time delays of which "Without a change in contracting out would be staggering. The precedent for other practices, it may be very difficult for Caltrtms local government entities is clearly alarming; to meet i~s ambEfousproject delivery , At least three private sector contracts have schedules over tl~e ne~fcwyears." been canceled by East Bay MUD due to the Senior Fiscal and Policy Analyst, threat of a public employee lawsuit; California Legislative Analyst's Office · Major work at the PortofLong Beachwas LosAngeles Times, 7/11/00 delayed due to confusion over the right to Without Prop. 35, More Projects Will contract with private firms; Be Delayed. We Need All Hands On Deck - Public and Private Sector Current Law Is Green Light For As long as the constitutional ban on Lawsuits contracting remains in place, California's Under the current situation, any single infrastructure needs will not be met. Removing taxpayer can go to court - for any purpose or that ban - by passing Prop. 35 - will ensure personal agenda -- and attempt to slow or stop that both state and local governments can a project by claiming that a design contract break the logjam and ensure all levels of violates local or state law. Under the status government have the flexibility to deliver quo, they are likely to succeed, projects on time and on budget. 7-31-00 Taxpayers for Fair Competition 111 Anza Boulevard, Suite 406 - Budingame, CA 94010 Phone: (650) 340-0470 · Fax: (650) 340.1740 11300 W. Olympic Boulevard, #840 · Los Angeles, CA 90064 , (310) 996.2600 · Fax: (310) 996-2673 SAMPLE RESOLUTION IN SUPPORT OF PROP. 35 WHEREAS, California's population growth has resultcd in the demand for more than $90 billion worth of highway, school, prison, flood control and other infrastructure improvement projects; and WHEREAS, the need for state and local governments to contract with the private sector for architectural and engineering services has never been greater; and WItEREAS, a series of successful lawsuits by a group of employees at Caltrans has resulted in effectively banning the state from contracting with private engineers and architects; and ~REAS, in order to stop the continuing effort to prevent the state and local government from utilizing private engineers and architects, Prop. 35 will appear on the November ballot; and WHEREAS, Prop. 35 changes California's laws and allows the state and local governments to contract with private companies for architectural and engineering services; and WHEREAS, Prop. 35 will save California's taxpayers money by encouraging competition between state employees and the private sector; and WHEREAS, Prop. 35 requires' architecture and engineering contracts to be subject to standard accounting practices and requires financial and performance audits as necessary to ensure contract services are delivered witltin the agreed schedule and budget; THEREFORE BE IT RESOLVED,_ SI[PPORTS PROPOSITION 35, which will shnply give California's state and local govermnents the choice to hire qualified private sector engineers and architects where it makes sense to do so - something 49 other states can already do. Contact Title City State Zip Telephone Number Fax Number E-mail address Plebe fax the completed form to (310) 996-2673. Questions? Call (310) 996-2600. 7/26/00 Taxpayers for Fair Competition 111 Anza Boulevard. Suite 406 · Burlingame. CA 94010 Phone: (650) 340-0470 · Fax: (650) 340-1740 11300 W. Olympic Bouleva~, #840 · Los Angeles, CA 00064 · (3'I0) 996-2600 · Fax: (310) 996-2673 RESOLUTION NO. 9 "" 0 0 A RESOLUTION ESTABLISHING AMBULANCE SERVICE CHARGES WHEREAS, Section 5.10.120 of the Bakersfield Municipal Code sets forth the procedure for certificate holders to request rate schedule increases, and for the City Council to review and modify the rate schedule; and WHEREAS, the City Council has considered changes proposed by Hall Ambulance in the City of Bakersfield; and WHEREAS, the City Council has determined that some change is necessary to provide for an appropriate medical response by Hall Ambulance. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Bakersfield that the charges for ambulance service are hereby set as follows: Basic Life Support ("BLS") .......................................... $ 357.00 (Includes prescheduled non-emergency responses when ALS procedures are not requested or provided) Advanced Life Support ("ALS") .................................... $ 575.00 (Includes all 911 responses, responses not pre-arranged within two hours of ambulance dispatch time and non-emergency responses when ALS services are specifically requested or provided) Mileage ......................................................................... $16.00 (Per mile from pick-up point to delivery point) Night Charge ................................................................ $ 70.00 (7:00 p.m. to 7:00 a.m.) Emergency Response .................................................. $ 52.00 (911 responses and code 3 use dudng response or transport for private emergency calls) Oxygen ......................................................................... $ 57.00 (Per cylinder or portion thereof used) Disposable Supplies (Disposable supplies include any, and all advanced life support ("ALS") or basic life support ("BLS") supplies utilized dudng patient treatment, and any drugs and medications included within the Kern County EMS scope of practice and within the Medicare reimbursement list. This excludes item(s) restocked by hospitals or provided by certified first responders, unless the item(s) used by certified first responders are replenished by ambulance providers. Charges shall be itemized and the maximum charge for ALS or BLS medical supplies shall be $100.00 and the maximum charge for those drugs and medications included within the Kern County EMS scope of practice and within the Medicare reimbursement list shall not exceed $275.00. The total amount charged under this category shall not exceed $375.00 )' The above rates are all-inclusive rates and additional service charges shall not be added thereto. The above rates shall take effect on Apdl 1, 2000. ...... o0o ...... I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on FEB 0 ~) Z§00 by the following vote: AYES: COUNCILMEMBER ~ DeMOND, MACGARD, COUCH, ROWLES, SULLIVAN, SALVAGGIO NOES: COUNCILMEMBER (~.,,¢:~tlP~.~-.~c~ i',.J ABSTAIN: COUNCILMEMBER I',,ION E.. ABSENT: COUNCILMEMBER t',,I 0 CITY CLERK and Ex Officio ~:;,l~rk of the Council of the City of Bakersfield APPROVED FEB 0 9 2000 MAYOR of the City of Bakersfield APPROVED as to form: BART,~fI~I I LT~___~ CITY ATTORNEY of the City of Bakersfield JWS:jp S:k)OHN~AMB'~Annbulance Rate Reso2000.wpd January 27, 2000 -- Page 2 of 2 Pages -- ORificiAL Sent By: BAKFD C]:TY CLERK; 661 323 3780; Aug-15-O0 11:03A1~; Page 1/1 TO: DAVID COUCH FAX# 327-9417 ~ FROM: CITY CLERK's OFFICE // BAKERSFIELD CITY MANAGER'S OFFICE MEMORANDUM AUGUST 25, 2000 TO: ALAN TANDY, CITY MANAGER FROM: TRUDY SLATER, ADMINISTRATIVE ANALYST Ill SUBJECT: SALE OF SURPLUS EQUIPMENT Responding to a request for information from Councilmember Couch, the sale of surplus City equipment to other governmental or non-profit agencies is a process provided for in the Municipal Code (MC 3.20.120F) that has been approved by the City Council. Section 3.20.120F reads: Whenever another governmental entity or a nonprofit organization having tax exempt status as determined under Section 501(C) Internal 'Revenue Code has requested the opportunity to purchase surplus stock, materials or equipment, the finance director may, without complying with other provisions of this section, negotiate with such governmental entity or nonprofit organization for the price to be charged for such surplus stock, materials or equipment. Any sale to a governmental entity or nonprofit organization shall be subject to confirmation and approval by the city council which, in its discretion, may authorize or reject such sale. If the sale is rejected, the property will be disposed of as surplus stock, materials or equipment as provided by the provisions of this .chapter. All items are sold "as is and with all faults" to remove the City from any potential liability claims. P:~,T~M0008254 Sent By: BAKFD CTTY CLERK; 661 ;52;) ;5700; Aug-21-O0 3;57PM; Page 1/1 ..... TO: DAVID COUCH FAX# 327-9417 ~ FROM: CITY CI. ERK'~ OFFICE B A 1~ E R S F [ E IL D Otltc.4.32~3767 F~x-661 III I Illllll I III ! I MESSAGE TE~PHONED ~E TO SEE YOU WI~ G~A~N WAN~ TO SEE YOU R~RNED YoUR ~ sPECIAL A~E~ION 1990 August 24, 2000 Mr. Arthur Doland 3117 Jackie Court Bakersfield, CA 93313 Dear Mr. Doland: Mr. Salvaggio requested that we respond to your concern about the skate park and its location. We are not aware of the reason for the person crossing 24th Street, or of any correlation between the accident on that street and the skate park on 21st Street. Both Oak Street and 24th Street do have pedestrian crosswalks. Also, skate park users have access to services within the perimeter of Beach Park. The city provides drinking fountains and restrooms nearby. Pay phones may be found at the Board of Trade and Racquet Club. Also, a catering truck operates in the Racquet Club's parking lot. Since the closure of the permanent concession stand at Beach Park, we have been pursuing an appropriate replacement for those services. I would be happy to provide any further information you require about the skate park or any city park. Please feel free to contact me. Sincerely, Stan Ford, Director of Recreation and Parks P:\Misc Correspondence~SkateO824.w~ · RECREATION AND PARKS 4101 Truxtun Avenue * Bakersfield * California * 93309 (661) 326-FUNN * Fax (661) 861-0864 Stand would save.liVes. : ,' , . ? ,~.~ I am writing about the skateboar~, being hit by a SUV on 24th and Oak I don't know the mason the kid was cro~.-:, ing the intemection but a lot of skaters .ar~ compelled to cross this' busy intemection: because of the city of Bakemfield's Par.,l~ and Recreation Department It is hot skaters get tifitm~ so they go to the ouly place nearby to buy a drink, which the other side of 24th Street. Skaters would not have to cross 24th, Street if the Parks and Recreatign= Department had opened up the conCeS? sion stand at Beach Park. Back'.}t~n November of 1999, before the park built, I contacted the Parks Departme~:~ about the concession stand at Beach Par. k_7 They told me it sounded like a goottf idea but they had not decided what were going to do about the stand and that should call back in a month. So, I called. back every month till May and got same song and dance. ,.;: ,. derided Uhat they did not have time to make a ! summer so it would be dosed. Now I reada~ ~ worrier if this ~ddent and othem could be ~ By the ~y, we sall have not go~ten a.w~r PAUL ANDERSDN"-': Bakersfi~l~l'~ BAKERSFIELD FIRE DEPARTMENT MEMORANDUM To: Alan Tandy, City Manager From: Ron Fraze, Fire Chief Date: August 24, 2000 Subject: Council Referrals Councilmember Maggard requested information on emergency room space. Because this is a complex issue, I recommend a Council Workshop. Russ Blind, Interim EMS Director, will lead the Council workshop on September, 27, 2000. A citizen inquiry to Councilmember Salvaggio regarding a potential fire hazard was answered by a letter from my department. A copy of the letter is attached. D August 24, 2000 Mr. Keith Young 6209 Madan St. Bakersfield, Ca. 93307 FIRE CHIEF RON FRAZE Dear Sir, ADMINISTRATIVE SERVICES 2101 'H" Street ~kersfie~d. C^93301 I am responding to your concern to Mr. Salvaggio regarding potential fire VOICE (661)326-3941 FAX (661)395-1349 hazards. On July 26, 2000 Engine Co. 5 from the Fire Station at Planz and South Chester responded to a possible hazard at 6211 Madan St. The reported SUPPRESSION SERVICES 2101 'H" St,eet hazard was juniper/cypress shrubs that were growing into exterior lights on the Bakersfield. CA 93301 front of the garage. Engine Co. 5 reported the following findings: VOICE (661) 326-3941 FAX (661)395-1349 1. The shrubs were trimmed and maintained 2-3 feet below the PREVENTION SERVICES 1715 Chester Ave. lights. Bakersfield, CA 93301 2. The shrubs were green and healthy. VOICE (661)326-3951 FAX (661)326-0576 3. Both lights had decorative glass covers over them that would prevent the shrubs' direct contact with the light bulb. ENVIRONMENTAL SERVICES 1715 Chester Ave. Bakersfield. CA 93301 It Was determined no hazard existed. In checking our past records, we were VOICE (661) 326-3979 FAX (661) 326-0576 unable to find any fa'es that could be attributed to this situation. The California Fire Code and the Bakersfield Municipal Code contain sections that address the TRAINING DIVISION 5642 Victor Ave. hazards of dry vegetation near possible heat or ignition sources. Bakersfield, CA 93308 VOICE (661) 399-4697 FAX(661)399-5763 Thallk you for bringing your concerns forward. If you have any further concerns, please contact the Bakersfield Fire Department. V ~,~A,y Yours, Ron Fraz' e,A~chief cc: Alan Tandy, City Manager Mark Salvaggio, Councilman Ward 7 · ~ -- ty of~Bakersfield WORK REQUEST pAGE 1 REQ/JOB: WF0018565 / 001 PROJECT:- DATE PRINTED: 8~18~00 . REQUEST DATE: 8/16/00~ CREW:~ TIME PRINTED: 12:07:56 SCHEDULE DATES LOCATION: ~ ~'I'A~T: U/16/00 LOCATION ID: ZIP CODE: COMPLETION: ,8/24/00 GEN. LOC: FACILITY NODES FROM: FACILITY ID: TO: REF NBR: REQ DEPT: CITY COUNCIL REFERRAL PRIORITY: HIGH REQUESTOR: SALVAGGIO '~ '. ORIGIN: CITY COUNCIL REFERRAL USER ID: RBARNHAR ' WORK TYPE: REFERRAL DESCRIPTION: FIRE H3kZARDS.ON MADDEN STREET. REQUEST COI~IENTs ***REFERRAL TO FIRE DEPARTMENT*** SALVAGGIO REFERRED A CITIZENS CONCERNREGARDING TREE/BUSH FIRE HAZARDS ON MADDEN STREET AND REQUESTED STAFF RESPOND IN WRITING. Job Order 'Description:.FIRE~AZARDS ON MADDEN STREET Cat~gory: ' . · · FIRE SERVICES · : TasK: " .RESPONSETO REFERRAL Assigned Department: FIRE SERVICES START. DATE / / COMPLETION DATE / / From: "sepharad" <sepharad@ix.netcom.com> To: <city_council@ci.bakersfield.ca.us> O0 JUL 2q AH I1:P.,6 Date: Fri, Jul 21, 2000 9:55 AM Subject: potential fire hazard 9AKE~SP~L-~ ~ti Y '61.ERIi Keith Young 6209 madan st bakersfield,Ca. 93307 The honorable Mark Salvaggio City council ward 7 Dear Sir: Could you introduce a motion that stops potential tree/bush fire hazards from coming too close to carriage lights? Houses these days all seem to have garages in the front and some of these houses people put carriage lights on the garages which come dangerously close to potential fire hazards like the juniper tree/bushes near my house. (see photo) A margin of say 2 feet or so under all possible conditions such as wind etc would be adequate I would say. these light bulbs in carriage lights can get to over 300 degrees under my research while some plants can start to burn under 200 degrees under the right conditions. Could you advise the residents at 6211 madan st of this fire hazard which is directly to the south of me at 6209 madan st? Sincerely, Keith young August21,2000 i ,. RECEIVED, I ~.~ 2 2 2000 The Honorable Dean Florez California State Assembly, 30th District State Capitol Building, Room 5135 Sacramento, CA 94249 Dear Assemblyman Florez: On behalf of the City of Bakersfield, I would like to thank you for your support for additional transportation funding to assist cities and counties in their attempts to rehabilitate and maintain city and county streets and roads. Funds coming to us through your bill, AB 2928, will help us ameliorate the ever-growing backlog of needed repairs on our local streets and roads. We appreciate your efforts in helping address this important issue and your leadership in providing additional revenues for maintenance efforts. We encourage and applaud your continued support for on-going, long-term revenues dedicated to improve our local roadways. Thank you for your leadership and persistence in helping make our local communities better places to live and work. Yours tru.~' Mayor (S:\TTS\L0008211) cc: City Council City Manager Alan Tandy Public Works Director Raul Rojas Administrative Analyst Trudy Slater Christopher McKenzie, League of California Cities 1501 Truxtun Avenue · Bakersfield, Califomia 93301 · (661) 326-3770 ,' Fax (661) 326-3779 E-mail address: rnayor¢~ci.bakersfield.ca.us kea§ue of £alifornia £ities ~,v,.v. cacit e~.org Good news from the Legislature! Due to the passage of AB 2928, we are to receive t a one-time allocation of funds for street repair and maintenance, estimated to be $1,662,464! The total of $400 million is to be divided 50/50 between cities and counties. The attached correspondence from the League of California Cities shows ~¢tte~cmcs-.,~tt~L~[~the amounts to be allocated to the cities in Assembly District 30. Our tentative thoughts on our allocation are: $1 million for the Council resurfa¢in9 9cai; $130,000 for the Truxtun West signal you received petitions on Wednesday; and the balance July 13, 2000 for median upgrades. The timing of when the money ardves is not yet known. The next four years we are to aet around $800,000 per year. Assembly Memaer Uean Fiarez State Capitol, Room 5135 Sacramento, CA 95814 RE: AB 2928 (Torlakson/Florez). Transportation Funding. Dear Assembly Member Dean Flcrez: On behalf of the League of California Cities, we would like to take this opportunity to thank you for your leadership in supporting new transportation revenues for cities. We appreciate your hard work and devotion, as the co-author of one of this year's most important transportation budget trailer bills AB 2928, which provides funding for a $7 billion program over the next six years. AB 2928 implements the Governor's Traffic Congestion and Relief Plan equivalent to $5.4 billion, including $4.99 billion for approximately 150 capital projects and $400 million one-time for local street and road maintenance. The capital projects listed in the bill are funded through a one-time State General Fund dedication of $1.6 billion in this year's budget and $678 million from a portion of the sales tax on gas over the next five years. The remainder of the shift from the sales tax on gas for transportation purposes is estimated to be approximately $300 million for the next five years, and to be divided as follows: 40% to Local Streets and Roads, 40% to the STIP and 20% to transit (PTA). The passage of this important legislation would not have been possible without your hard work and dedication. The League has been advocating for additional monies for city streets and county roads maintenance and rehabilitation for several years. Funding is the critical issue, as the backlog of repairs on local streets and roads is approaching $11 billion and is growing by $400 million annually. We greatly value your leadership and persistence in helping to address this important issue and your determination to provide even more revenues for maintenance of local streets and roads. We assure you that cities can put this money to work immediately. We strongly urge your continued support for an ongoing dedication of additional long-term revenues for cities and counties to stop further deterioration and improve communities throughout California that are faced with pothole ridden streets and roads. We respect and appreciate your leadership on this important issue and want to thank you for your strong enthusiasm and dedication to California's cities. Best regards, Christopher McKenzie Natasha Fooman Executive Director Legislative Representative cc: Mayors, Council Members and City Managers, Assembly Districts #30 Conference Registration Office Headquarters Southern California Office ?c_*t Office Box t S','~ 1. 400 K Street 602 East Hur,.tmgton Dr., Suite C Lat'a'.'ctc¢. CA ,~45-+.' ,1 Sacramcmo. CA 958 t4- Monrov~a. CA o i0t6 0_'5 _'8~ 't i7, ct6.658 s200 626 305 t3t5 FAX ~25 2$3 7s5 .~ FAX gt0.058 8240 FAX 626._~05.!.345. City's Share of One-Time $400 Million for Local Street and Road Maintenance: Divided 50/50 Between Cities and Counties. City by City per Capita Formula for District 30's Allocation of $200 Million Estimated at: CITY POPULATION ESTIMATED ALLOCATION ARVIN 11,409 $ 82,190 AVENAL 12,380 $ 89.185 BAKERS FI ELD 230,771 $1,662,464 COALINGA 15,207 $ 109,551 CORCORAN 20,909 $ 150.627 DELANO 34.466 $ 248.291 FIREBAUGH 6,103 $ 43.966 FRESNO 415,381 . $2,992.386 HANFORD 40,307 $ 290,370 HURON 5,711 $ 41,142 KERMAN 7,577 $ 54,584 LEMOORE 18.316 $ 131,948 MADERA 36,665 $ 264,133 MARICOPA 1,267 $ 9,127 MCFARLAND 9,242 $ 66.579 MENDOTA 7,722 $ 55,629 SAN JOAQUIN 3,095 $ 22,296 SHAFTER 11,645 $ 83,890 TAFT 8,958 $ 64,533 WASCO 20.326 $ 146,428 V Legislative Analyst's Office TRANSPORTATION The 2000 budget, as adopted bv the Legislature, Traffic Congestion Relief Program, including provides a total of $9.6 billion for transportation in $1.5 billion from the General Fund and 2000-01. The amount includes two main components. $_500 million in state gasoline sales tax rev- enues. Of the total, $1.6 billion will be used to · S2 billion in General Fund and gasoline sales fund eligible projects specified in AB 2928 and tax revenues in 2000-01 to fund the first year SB 406, and $400 million will be allocated to of a six-year Traffic Congestion Relief Program. local governments, based on a specified formula, for street and road maintenance and · $7.6 billion in special funds !mainlv State rehabilitation. Highway Account [SHA]~ and federal funds to implement the state's ongoing transportation · Annually from 2001-02 through 2005-06, the program, mainly under the California Depart- state share of gasoline sales tax revenues that ment of Transportation (Caltransh were previously deposited into the General Traffic Congestion Relief Program. The Legislature Fund will be dedicated to transportation. This established the Traffic Conges- tion Relief Program by trailer legislation (AB 2928, ~' ' ' ' Torlakson and SB 406, Ortiz) ~ongestion Flelief Program in order to provide a total of I Funding Levels and Uses about 57 billion in new funds for transportation over six (In Millions) .. · _~_'-...,~,*~-;'~'t~: :~'~-;z,~: ,~t.,.~.,~:~....~.. g::Te~_ .~':.~?::.~ ::..., . j:,~ .. years. (This amount does not .: ..... · ..... :,:,'-~-:~;~$.4.~?.:;-,~;:~:~¢:::¢...-~::.;,~:~. - .:: ~.,;?::~: 'Anh6~li~Z.-'~:~,-~::'' '~: include the transfer of about .......... :::":~;:" '~"~"~:"-'~'"~:'""~':¢"~': '''~ ' ' 2001-02 ' ~-:.-'" .... -. ' '~-,-.' ~.:': :~'-;~"' '.'-' ..~-':-:-.'.- Through Six-Year ' · ~ ,* , ,?-x.-c~,,:-.~.~,~%,,.~¥. -'--/% . 5270 million in existing . '~-~"~.":-'-'::~.,:'--~ ~'.=.:-.-.: 2000-01 2005-06 ::: .... Total transportation revenues from .... :".--';- ~:~'~..:.-'"'1.~.--.:.??~'~..-~¥.~."~, ..... :.:.--.-:,:.~-%;~...---~.~- the $HA to the Public Trans- Fund Sources ana Leve~s .-:~ :~:~-.:' .. ':' :::-.-'"- ....... .~-.:'..::'-.,.*-~.:.~¢~ ,~c~_- · ~"-:: portation Account [PTA] General Fund $1,500 ~ $1,500 which is part of the package.; Sales tax on gasolinea 500 $976 5,380 Figure 1 summarizes the State Highway Account transfer to PTA 45 45 270 program's funding levels and Totals S2,045 $1,021 $7,1§0 ..... ~ ....... ..~-'-,-,~.~..~-_?~-?:~.~'r:f;.,~.,:_~:~?~ ?-~-~ .-...~-:-z~,,~,'~r,~-~..~'~ ~ .... .... .. . . sources as well as how funds Fund AIIoc_ations q~i. ' - '-~' ' ' " "--: ':' ';'' .............. · ,:. ~,;.;:,;,~'~ ........ are allocated. (At the time this Traffic Congestion Relief Plan $1,600 $678 $4,990 report was prepared, ,AB 2928 Local streets and roads 400 119 996 and SB 406 were pending the STiP~ -- 119 596 Governor's signature. ! Public Transportation Account 45 105 568 Specifically: Totals $2,045 Sl,021 87,150 a · For 2000-0 l, a total State Domon of sales tax on gasoline whicn was formerly deoosited into the General Fund. Aporox~- mately $1 bilhon after transfers to Public TransDonatzon Account (PTA) are netted out. of $2 billion will be Slate Transportation Improvemenf Program. 3rovided for the Totals may not add due to rounding. :~_ ,-.-¢~.;;~%: ~.._ ~ ,-,c~-., ~,~a~.-~:~ ~A,~---~"~:,~'~t ~..,.:: t~,~'~ 11 amount is estimated to be about $1 billion · $1.2 billion for design, engineering, and annually. Of that amount, S678 million will be environmental review of highway projects. This allocated each year to fund the specified amount includes (1) $1 billion to continue eligible projects, Of the remaining funds, capital outlay support work to Carry out the 40 percent will be allocated by formula for STIP and the State Highways Operation and local street and road purposes; 40 percent will Protection Program (SHOPP), and be allocated to augment funding of the State (2) $120 million for staff support to work on Transportation Improvement Program (STIP) projects included in the Traffic Congestion for additional capital outlay projects; and Relief Program discussed above. 20 percent will be deposited into the PTA for transit operating assistance, intercity rail · S786 million for highway maintenance. support, and other transit purposes. · $286 million for administration. · Annually beginning in 2000-01, SHA revenues · $102 million to develop and oversee the STIP that are not subject to the restrictions of and SHOPP. Article XIX of the State Constitution will be transferred to the PTA. These revenues include · $145 million for transportation planning. revenues from the sale of documents, charges for miscellaneous services to the public, and · $96 million for support of the mass transporta- rental of state property. In 2000-01, these tion program, including $64 million for revenues are estimated to be about $45 million, intercity rail operations. Assembly Bill 2928 and SB 406 identify the specific · $32 million for staff support for the local projects that are eligible for funding under the Traffic assistance program, which provides technical Congestion Relief Program and the funding available support for local project delivery of state and for each project, federally funded projects. Although eligible projects include a variety of With respect to capital outlay, the budget provide~ transportation improvements, the majority o( funding is 53.4 billion from state special and federal funds for directed toward transit projects. In most cases, funds projects contained in the STIP and SHOPP. In addition. provided under the program will finance only a portion the budget provides approximately $1.5 billion in state of the specified project's total cost, ~vith the remainder and federal funds for local assistance in the highway, of the cost to be provided from other state, federal, mass transportation, aeronautics, and planning pro- and local sources, grams. These funds are allocated to local transportation Department of Transportation. To implement the ' agencies for projects off the state highway system, state's ongoing transportation program, the 2000 including transit capital improvements and rehabitita- budget provides about $7.6 billion tspecial and federal tion of local streets and roads. funds) for departmental support, capital outlay, and local assistance. Of this amount, $2.7 billion is for Prepared bv the Transportation and P, esource~ Section- support of Caltrans from special funds. This is an {916) 445-5921 increase of approximately 13.5 percent over 1999-00 estimated expenditures. The major support expendi- tures are as follows: 12 STIP Transportation Revenue Distribution by County ($1,000s) Total Revenue = $1,937,000 STIP = $596,800 Local Streets & Roads = $996,800 Public Transportation Account = $343,400 Alameda 16,518 Placer 2,923 Alpine 461 Plumas 1,224 Amador 1,049 Riverside 19,503 Butte 3,184 Sacramento 13,763 Calaveras 1,199 San Benito 976 Colusa 817 San Bernardino 26,993 Contra Costa 10,290 San Diego 32,822 Del Norte 780 San Francisco 8,894 E1 Dorado 2,449 San Joaquin 7,212 Fresno 10,866 San Luis Obispo 5,869 Glenn 895 San Mateo 8,990 Humboldt 3,258 Santa Barbara 6,915 Imperial 5,061 Santa Clara 19,416 Inyo 4,285 Santa Cruz 3,436 Kern 14,246 Shasta 3,464 Kings 2,069 Sierra 568 Lake 1,344 Siskiyou 2,416 Lassen 1,965 Solano 4 953 Los Angeles 104,631 Sonoma 5 986 Madera 1,775 Stanislaus 5 442 Matin 3,404 Sutter 1 227 Mariposa 662 Tehama 1 715 Mendocino 3,036 Trinity 1 245 Merced 3,527 Tulare 6,761 Modoc 1,078 Tuolunme 1,416 Mono 3,139 Ventura 9,871 Monterey 5,844 Yolo 2,666 Napa 1,939 Yuba 1,050 Nevada 1,648 Orange 28,465 Total 596,800 Prepared by Senate Office of Research City of Bakersfield ~ ~ WORK REQUEST PAGE 1 REQ/JOB: WF0018564 / 001 PROJECT: DATE PRINTED: 8~18~00 ~ REQUEST DATE: 8/16/00 CREW: TIME PRINTED: 12:05:44 SCHEDULE DATES LOCATION: ~ ST~T: ~16~0 0 LOCATION ID: ZIP CODE: COMPLETION: 8/24/00 GEN. LOC: FACILITY NODES FROM: FACILITY ID: TO: REF NBR: REQ DEPT: CITY COUNCIL REFERRAL PRIORITY: HIGH REQUESTOR: SALVAGGIO ORIGIN: ,CITY COUNCIL REFERRAL USER ID: RBARNHAR WORKTYPE:' REFERRAL DESCRIPTION: LETTER TO ASSEMBLYMAN FLORES REQUEST COMMENTS ***REFERRAL TO TRUDY SLATER*** SALVAGGIO REQUESTED STAFF PREPARE A THANK'YOU LETTER FOR THE MAYOR'S SIGNATURE TO ASSEMBLYMAN FLORES REGARDING AB2928. Job Order Description: LETTER'TO ASSE~BLYMAN FLORES atg ory: ., CITY MANAGER ., asK: RESPONSETO REFERRAL'~.. Assigned Department: CITY MANAGER' START DATE __/ / COMPLETION DATE BAKERSFIELD CITY MANAGER'S OFFICE MEMO'RAN DU M AUGUST 24, 2000 TO: ALAN TANDY, CITY MANAGER FROM: TRUDY SLATER, ADMINISTRATIVE ANALYST III SUBJECT: RESPONSE TO COUNCIL REFERRAL WF00'18566100'1, YOKUTS NAMES FOR KERN RIVER PARKWAY On July 7, 2000, June Price, of the Native American ~Heritage Preservation Council of Kern County, addressed a letter to City staff proposing additional Yokuts names along the Kern River Parkway. A staff letter dated July 27, 2000 was returned to Ms. Price indicating staff would review and consider the request to determine the appropriate course of action. Information on the history relating to the request was researched. On March 6, 1996, under Consent Calendar, it is clear the Council approved the Yokuts name designations on the Kern River Parkway for the Yokuts Group Park Area, Yowlumne Volleyball Park Area, and the Hoe-y Cross Country Running Course. In the administrative report, it was mentioned that the Community Services Committee recommended the adoption of the Native American theme for park areas along the Parkway and approval was requested. It was further recommended by the Committee that any new Kern River Parkway areas considered for designation within the Native American theme be submitted to the Director of Community Services for review of compliance with City regulations and for approval. A number of issues arise when reviewing the current request for three Native American namings for Truxtun Lake (Ohshuh), small Truxtun lake (Xahly) and the connecting canal (Cholich). 1) Other than in the 1996 administrative report, which will be destroyed over time according to currently-being-revised policy guidelines for keeping of public records, there is no record in the Council minutes of the Director of Community Services being given the authority to review the requests for compliance with City regulations and for approval. Over the passage of time between the last request (1996) and the current request (2000), the Parkway has grown and developed. Council, too, has changed in membership. The City no longer has a Director of Community Services but has a Recreation and Parks Director who absorbed many of the Community Services Director's responsibilities in an organizational restructuring. Alan Tandy, City Manager August 24, 2000 Response to Council Referral WF0018566/001, Page 2 Yokuts Names for Kern River Parkway 2) The City Attorney's Office feels that, to clearly identify the full intent of Council action, a Council policy relating to naming of specific sites along the Kern River Parkway would 'be an appropriate course of action. In this manner, the current Council, who has the benefit of a more-developed Kern River Parkway, can make an informed decision on whether it wishes to retain approval for Parkway site .names, or delegate this decision to the Recreation and Parks Director, or determine some other course of action. 3) Relating to .the current request to rename name-recognized existing sites, research needs to be conducted relating -to whether the currently used names have legal status (i.e., maps and documents) and other related legal and non- legal issues. 4) It is clear the Council approved the names for the three sites requested in 1996. Staff memory indicates the approval and agreement of all parties for a Native American theme for the Kern River Parkway. Staff also indicated that while the three sites were sought for designation in 1996 there were no other sites which were identified nor agreed upon at that time. Staff was expecting, within the next few months, an additional request for naming of sites, although nothing was received from the Native American Heritage Preservation-Council until the July 2000 letter. Given the issues outlined above, it is recommended that the request from the Native American Heritage Council of Kern County be returned to committee for clarification. P:~AT~M0008241 Attachments cc: Start Ford, Recreation and Parks Director Greg Cronk, Recreation and Parks Operations Director Bart Thiltgen, City Attorney Ginny Gennaro, Deputy City Attorney July 7, 2000 Greg Cronk Director of Operations Recreation & Parks 4101 Truxtun Ave Bakersfield, CA 93309 RE: PROPOSED YOKUTS NAMES for KERN RIVER PARKWAY Dear Greg Cronk: The Kern River Parkway Plan has designated a naming theme of people and places directly related to the Kern River. The Native American Heritage Preservation Council of Kern County has since 1995 continued to work with the City of Bakersfield, the Kern River Parkway Foundation and other community members to carry out this Parkway naming theme by designating several sites within the Parkway using Native American culture historical names. We would like to propose and ask for your approval for the following names: Yokuts Language Pronounced Meaning 1. Ohshuh Aw'-suh Bottle Basket (for carrying water). Large Truxtun lake. 2 Xahly ~ ~ ~ ~~ Basket (gatherina and preparing traditional food). Small lake on Parkway 3. Cholich Cha-lich Creek (connects lakes). As you know Mr. Cronk formal presentation on Feburary 13, 1996 was made to Community Services Advisory Committee and on March 6, 1996 to City Council of Bakersfield, at which time we were given both their approvals on our request for the Native American names to be used along the Kern River Parkway. This letter from Lee Anderson manager of Community Services Committee states that in the future this shall eliminate the need to go to full council for every new named proposed. Native American Heritage Preservation Council of Kern County after the appropriate research and fundraising efforts would like to donate the river boulders and the three (3) plaques P.O. ~OX 1507 BAK.ERSFIELD, CA 93302 and explanations as indicated above. We look forward to working with you to the completion of this project in honoring, sharing and reminding residents and visitors of the Native American heritage of this area that lived before, that live now and who are the future yet to be. Sincerely, COmmittee .members: Ju~ne ~W. Price Cosma L. Kolb Attachments (3) cc: Stanley J. Ford, Director of Recreation and Parks Rich O'Neil, Kern River Bike Path Bill Cooper, Kern River Parkway Mark C. Salvaggio, City Council Member Leonard Manuel Jr., Spiritual Advisor ~' ~ MEMORANDUM TO LEE A~¥D ERSON FROM: G I-N~'Y GENNAROu/'~'/ DATE: FEBRUARY 15, t996 RE' NATI%~ ~N~CAN N~N~ DESIGNATIONS On February 13, 1996, the Citizen's Community Services Adviso~ Committee approved the proposal by the Native'American Heritage Preservation Council to name and dedicate areas along the Kern River Parkway. Specifically, the three areas to be named include the group park area. which will be named Yokuts Park: the volleyball parks area, which will be named Yauelmane Park; and the cross- country, running course, which will be named Hoe-y Running Course. The Native American Heritage Preservation Council will bear the expense of placing three 2' X 3' intbrmational signs next to 12" X 18" bronze plaques that will be placed in boulders around the designated areas. Pursuant to the Policy for Signs Located in the Kern River Parkway, Resolution #14-95, such signs are permitted as long as the informational signs (2" × 3"/ are less than six feet in height and the colors and material of all signs blend or compliment the surrounding vegetation or structures. The Kern River Parkway Committee has given their approval to this project and it is expected that additional areas ,:,,'iii be dedicate in the ..~ture. The Community' Services Committee may recall that this issue was presented several months ago and also received their approval. However, when the time came to place the matter before the full council, the representative from the Native American Heritage Preservation could not be located Since that time. the Native American Heritage Preset-ration Council has elected me,.,,' leaders and the,,' have renewed their request. Should the Community Service Committee approve ti'tis proposal, staff recommends the Native American Heritage Preservation Council agree to bear the expense of maintenance and repair of' said plaques and signs and .that all signs proposed be in compliance with Ciw regulations and approved by' the Director of Community Services. In the future, this wilt eliminate the need to go bet'ore full councii for every proposed new name. cc Judy Skousen John Stinson Frank Fabbri Native American Heritage Preservation March 14, 1996 Council of Kern County c/o Mr. J.R. Manuel, President 2210 Chester Avenue BaKersfield CA 933'01 RE: NATIVE AMERICA/~ NAMES (KERN RIVER PARKWAY) Dear Mr. Manuel: The request from your organization, to name areas along the Kern River Parkway, was approved by the City Council at their March 6, 1996 meeting. · The three areas approved include 1) the new Group Picnic area west of Freeway 99, to be named "YOKUTS PARK", 2) the volleyball area on Truxtun Avenue, west of Mohawk~ to be named "YOWLUMNE PARK", and 3) the cross country running course along the river west of Freeway 99, to be named "HOE-Y RUNNING COURSE" It is my understanding you will provide and install at each location, a large natural· boulder with a bronze plaque attached. The individuals plaques, will measure approximately 12" by 18", and will include the name of the area with an explanation of the name and its relationship to your native culture. The expenses to provide, install, maintain and repair the signs and plaques will be the responsibility of the Native Araerican Council of Kern County. When you are ready to begin your installation please contact me to assist in determining the exact location, so the boulders don't interfere with utilities and other park facilities. Thank you for your help. Sincerely, FRA/~K FABBRI Parks Superintendent cc: Lee Andersen, Conununity Services Manager ~' Allen Abe, Assistant Parks Superintendent ' Park Super~risors 4101 TRUX.TUN AVENUE BAKERSFIELD, CALIFORNIA 93309 (805) 326-3117 Ilallpal'k-~ PROPOSED ¥OKU'-VS NAMES FOR '_vile B_rKE PATH anti 1. Group park-Yokuts Park (Yo-kuts). A qroup of appcoximately u...a.,...,. Museum 50 individual tribes that lived in the San Joaquin Valley. 2. Par course park-Hometwoli park (Ho-me-t-wo-lee). A Yokuts tribe that lived near the old Kern lake. 3. Truxtun lake,the large lake, Ohshuh (aw-sub), }½ottle Baskut. 4. _rsland in large lake, Hai'na island (lin-ce-ha) 5. Small lake, Xahly (ah-lee) Winnowing Basket. 6. Volleyball parks-Yauelmani parks (Yowl-mon-nee). A Yokuts tribe that lived in the Bakersfield area. 7. Rest area west of Mohawk & Truxtun, Hutulu (Who-two-lu) OWl.~ Equestrian 8. Rest area by CSUB-Oiui-(Oi'-oi) Roadrunner. 9. Rest area by Tuholi lake - Hum-nul - Quail. Area--~ ]0. Rest area by Gosford & Truxtun - Kaiu (Kay-eye. u) - Coyote. \ 1] . 2800 Acre Reserve -La Paw Reserve (La-Paw) Cottonwood tree. 12. Cross country course - tloe-y running course (Ho-eeJ 13. Trees: Ken-m - Oak tree. Tsithee (Ts'itl) live oak. 14. Creek that connects two lakes - Ch~lich -(Cha- I ick) -Creek.St udi¢,~Environrn.ntal Hoi'>_Y. CILOS&CO. UI~TRY E,i ...... ,~, I(UEIqlH (;_CO_UILSE Studies ~c~,,~Pa,h · · Community Park/Greenway ,.,., L.--. :::;:::~':'"~::'~' ; K E R N R I V E R Bicycle Beach ~ Picnic Are;a PARKWAY BAKERSFIELD PUBLIC WORKS DEPARTMENT MEMORANDUM TO: ALAN TANDY, CITY MANAGER FROM: RAUL ROJAS, PUBLIC WORKS DIRECTOR~~ DATE: AUGUST 25, 2000 SUBJECT: SINKING SIDEWALK Council Referral WF0018563 Councilmember Salvaggio referred a message from a citizen regarding the issue of a sunken sidewalk at the 4600 block of Woodmere Drive. Staff to contact the citizen regarding this issue and also advise him of the resurfacing schedule for the area. Mr. Kenneth Freeborn, a constituent, was contacted by Street Division staff. The sunken sidewalk will be scheduled for repair within the week of September 18, 2000. Woodmere Drive is on the Street Division's street reconstruction list. Staff anticipates that it will be late in Spring 2001 before they can get to Woodmere Drive. RECEIVED CITY MANAGER'S G;~GROUPDAT~TREETS\Woodmere Or. Work of ~a-kD~sfield *REPRINT* ~ ~ RK REQUEST PAGE 1 REQ/JOB: WF0018563 / 001 PROJECT: DATE PRINTED: 8~18~00 REQUEST DATE: 8/16/00 CREW: TIME PRINTED: 16:15:06 SCHEDULE DATES LOCATION: ~'rA~'r: 8~16~00 LOCATION ID: ZIP CODE: COMPLETION: 8/24/00 GEN. LOC: FACILITY NODES FROM: FACILITY ID: TO: REF NBR: REQ DEPT: CITY COUNCIL REFERRAL PRIORITY: HIGH REQUESTOR: SALVAGGIO ORIGIN: CITY COUNCIL REFERRAL USER ID: RBARNHAR WORK TYPE: REFERRAL DESCRIPTION: SINKING SIDEWALK CONTACT KENNETH FREEBORN Phone 1 661 - 8312630 ( ) 4604 WOODMERE Phone 2 - ( ) BAKERSFIELD, CA 933 REQUEST COMMENTS ***REFERRAL TO PUBLIC WORKS*** SALVAGGIO REFERRED A MESSAGE FROM A CITIZEN REGARDING THE ISSUE OF A SUNKEN SIDEWALK AT THE 4600 BLOCK OF WOODMERE. STAFF TO CONTACT THE CITIZEN REGARDING THIS ISSUE AND ALSO ADVISE HIM OF THE RESURFACING SCHEDULE FOR THE D~REA. Job Order Description: SINKING SIDEWALK Cat~gory: PUBLIC WORKS Task: RESPONSE TO REFERRAL Assigned Department: PUBLIC WORKS START DATE / /__ COMPLETION DATE / /.__ · ~Y OF BOARD OF ~UPERVIBORS - COUNTY OF KERN 1115 Truxtun Avenue Bakersfield, California Regular Meeting Tuesday, August 22, 2000 9:00 A.M. - BOA~D ~EcoNVENED Supervisors: McQuiston, Perez, Patrick, Peterson, Parra ROLL CALL: All Present SALUTE TO FLAG - Led by Supervisor McQuiston 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. NOTE: The Consent Agenda was heard out of order after Items 1 · and 2. CONSENT AGENDA/OPPORTUNITY FOR PUBLIC COMFiENT: ALL ITEMS LISTED WITH AN ASTERISK (*) OR A NUMBER SIG~ (#) WERE CONSIDERED TO BE ROUTINE AND APPROVED BY ONE MOTION. BOARD ACTION SHOWN IN CAPS PUBLIC PRES~TTATIONS 1) This portion of ~he 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 re~ort back to ~he Board at & later meeting. Also, the Board may take action to ~irect 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. ..THA1TK YOU! - NO ONE Summary of Proceedings Page 2 Board of Supervisors Regular Meeting 08/22/2000 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)) - SUPERVISOR PATRICK REPORTED THE SAN JOAQUIN VALLEY AIR POLLUTION CONTROL DISTRICT HAS AUTHORIZED A LETTER TO THE ENVIRONMENTAL PROTECTION AGENCY (EPA) REQUESTING REDESIGNATION OF EASTERN KERN COUNTY AS A SEPARATE AIR QUALITY CONTROL REGION SUPERVISOR PEREZ DISCUSSED FISCAL REFORM AND SB1637 WHICH WOULD LIMIT THE SHIFT OF PROPERTY TAX REVENUES TO EACH COUNTY' S ERAF SUPERVISOR MCQUISTON EXPRESSED APPRECIATION TO SUPERVISOR PATRICK AND THE SAN JOAQUIN VALLEY AIR POLLUTION' CONTROL DISTRICT FOR SUPPORT ON THE EAST KERN NON-ATTAINMENT ISSUE AND FURTHER DISCUSSED ADDITIONAL SUPPORT FROM OTHER AGENCIES DE PARTM~NTAL ~OUESTS AUDITOR-CONTROLLER-COUNTY CLV. RK Pa-Pz '3) Request from City of Maricopa to provide election Ail Ayes services for their Municipal Election and to consolidate with the' General Election to be held November 7, 2000 - AUTHORIZED ELECTIONS DIVISION TO PERFORN ELECTION-RV. LATED SERVICES REQUESTED Pa-Pz '4)' .Request from Tehachapi Valley Healthcare District to All Ayes provide election services for t. heir special Tax Election and to consolidate with the General Election to be held November 7, 2000 - AUTHORIZED ELECTIONS DIVISION TO PERFORM ELECTION-RELATED SERVICES REQUESTED BOARD OF SUPERVI.~ORS Pa-Pr 5) Addition of Board of Supervisors' member to the Board of All Ayes Directors of Kern Economic Development Corporation - NOMINATED AND -MADE APP0~ OF SUPERVISOR JON MCQUISTON TO BOARD OF DIRECTORS OF KEDC COUNTY COUNSEL Pa-Pz '6) Request of ~he Mental Health .Department for destruction All Ayes of records no longer necessary or required for County purposes and eligible for destruction - APPROVED Pa-Pz '7) Request of the Assessor-Recorder for destruction of All Ayes records no longer necessary or required 'for County purposes and. eligible for destruction - APPROVED Pa-Pz '8 ) Request of the County Administrative Officer for All Ayes destruction of records no longer necessary or required for County purposes and eligible for destruction - APPROVED Pa-Pz *9) Request of the Sheriff's Department for destruction of Ail Ayes records no longer' necessary or required for County purposes and eligible for destruction - APPROVED Summary of Proceedings Page 3 Board of Supervisors Regular Meeting 08/22/2000 DISTRICT ATTORNEY Pa-Pz *10) Proposed Agreement with Laboratory Corporation of America All Ayes Holdings, to provide genetic testing to establish parentage of minors, outside the areas covered by the agreement with the Forensics Laboratory, from September 5, 2000 through September 4, 2002, in an amount not to exceed $140,000 - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 818-2000 Pa-Pz '11) Proposed Resolution authorizing application for All Ayes Automobile Insurance Fraud Program grant funding from the California State Department of Insurance in the amount of ~- $177,224.6'9 - APPROVED; ADOPTED RESOLUTION 2000-280 Pa-Pz '12) Proposed Resolution authorizing application for Criminal All Ayes Restitution Compact grant funding from the California State Board of Control in the amount of $70,383.73 - APPROVED; ADOPTED RESOLUTION 2000-281 . EMPLOYERS' TRAINING RESOURCE Pa-Pz '13) Proposed retroactive Agreement with La Cooperativa All Ayes Campesina de California for the Workforce Investment Act Migrant and Seasonal Farmworker Youth Program to provide academ/c, life, and work skills to 14-21 year old high- risk eligible youth, from April 17, 2000 through February 9, 2001, in an amount not to exceed $275,230 (prior notification on June 13, 2000) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 819-2000 Pa-Pz '14) Proposed retroactive ~Agreement With'Kern High School Ail Ayes District to provide training activities for individuals eligible for services under the Workforce Investment Act or Welfare-to-Work, from July 1, 2000 through June 30, 2001, in an amount not to exceed $1,345,700 (prior notification on June 13, 2000) -.APPROVED; AUTHORIZED · CHAIRMAN TO SIGN AGREEMENT 820-2000 Pa-Pz '15 ) Proposed retroactive Agreement with Employment All Ayes Development Department to provide job placement sezwices to Workforce Investment Act eligible individuals, from July 1, 2000 through June 30° 2001, in an amount not to exceed $256,605 (prior notification on June 13, 2000) - APPROVED; AUTHORIZED CHAII~MAN TO SIGN AGREEHENT 821-2000 Pa-Pz '16) ProPosed retroactive Agreement with Employment All Ayes Development Departing-hr to provide job placement services to individuals eligible under Welfare-to-Work in the Ridgecrest area, from July 1, 2000 through June 30 2001, in an amount not to exceed $71,690 (prior notification on June 13, 2000).- APPROVED~ AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 822-2000 Pa-Pz '17 ) Proposed retroactive Agreement with Kern County All Ayes Superintendent of Schools to provide child care counseling and referral services to Workforce Investment Act eligible individuals, from July 1, 2000 through June 30, 2001, in an amount not to exceed $290,000 (prior notification on June 13, 2000) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 823-2000 SLumnary of Proceedings Page 4 Board of Supervisors Regular Meeting 08/22/2000 Pa-Pz '18) Proposed retroactive Agreement with Kern Community All Ayes College District to provide training services to individuals eligible under the Workforce Investment Act or Welfare-to-Work, from July 1, 2000 through June 30, 2001,7 in an amount not to exceed $1,632,802 (prior notification on June 13, 2000) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 824-2000 Pa-Pz '19) Proposed retroactive Agreement with McFarland Unified All. Ayes School District to provide activities under the Workforce Investment Act for eligible youth between the ages of 14 and 21, from April 1, 2000 through June 30, 2001, in an amount not to exceed $59,431 (prior notification on May 9, 2000) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 825-2000 Pa-Pz *20) Proposed retroactive Agreement with Delano Joint Union All Ayes High School District to provide activities under the Workforce Investment Act for eligible youth between the ages of 14 and 21, from April 1, 2000 through June. 30, 2001, in an amount not to exceed $247,201 (prior notification on May 9, 2000) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 826-2000 Pa-Pz '21) proposed retroactive Agreement with Kern Community All .Ayes College DiStrict to provide activities under the Workforce Investment Act for 'eligible youth between the ages of 14 and 21, 'from April 1, 2000 through June 30, 2001, in an amount · not to exceed $131,170 (prior notification on May 9, 2000) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 827-2000 Pa-Pz *22) Proposed retroactive Agreement with Proteus, Inc., to All Ayes provide eligible individuals with skills, attitudes, and work habits necessary to secure and retain unsubsidized employment, from July 1, 2000 through June 30, 2001, in an amount not to exceed $1,571,579 ~prior notification on June 13, 2000) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 828-2000 ~ FIRE DEPARTMENT. Pa-Pz *23) Unusual Travel Request for Captain Michael A. Moore to All Ayes Emmitsburg, Maryland for National Fire Academy Class, September 10 ~hrough September 22, 2000; fiscal 'impact': estimated cost of $222.00; budgeted - APPROVED Pa-Pz *24) Proposed Establishment of Interest-Bearing .TrUst Fund- All Ayes %24048 in Fire Department Budget Unit %2415 for the Mobile Fire Kitchen; fiscal impact: none - APPROVED Pa-Pz' *25) Request for authorization for cash payment of overtime to All Ayes civilian employees of the Fire Department,. pursuant to Section 3.24.080 of the County Ordinance. Code; fiscal impact: $281,917, budgeted- APPROVED KERN MEDICAL CENTER Pa-Pz *26) Proposed Agreement with Datalink. Corporation for software All Ayes support, upgrades and technical support of KMC's software based data backup system, from August 22, 2000 to August 14, 2004 in an amount not to exceed $89,300 - APPROVED; AUTHORIZED CHAIRMAN TO SI~N AGREEMENT 829-2000 Summary of Proceedings Page 5 Board of Supervisors Regular Meeting 08/22/2000 Pa-Mc 27) Proposed approval of' retroactive Agreement with Certus Ail Ayes for Medicare cost report consultant services, from July 1, 2000 to June 30, 2001, in an amount not to exceed $87,500 - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 830-2000 Pa-Pz *28) Pr0Dosed addition of one (1) full-time Institutional Ail Ayes Review Board Research Coordinator~ one (1) full-time Cancer Registrar; one (1) full-time Medical Records Manager; one (1) full-time Hospital 'Coordinator of Volunteer Services; one (1) full-time Director of Pharmacy Services~ one (1) part-time Ward Clerk I/II; two (2) part-timeResDiratoryTherapists I/II/III/IV; two (2) part-time Physical Therapist/Pre-Registered Physical Theragist$/0ccupational Therapists; one (1) full-time Pharmacist I/II; two (2) full-time Clinical Laboratory Assistants I/II~ ~hree (3) full-time Clerks I/II~ one (1) full-time Account Clerk III and deletion of three (3) vacant Dart-time Mental Health Interns~ one (1) full-time Chief of Neurosurgery~ one (1) full-time Associate OE/GYN~ one (1)full-time Account Clerk I/II~ two (2) vacant full-time Respiratory Therapists I/II/III/IV; one (1) filled full-time Ward Clerk I/II (effective September 23, 2000) effective August 22, 2000 - APPROVED; REFERRED TO PERSONNEL TO AMEND DEPARTMENTAL POSITIONS AND SALARY SCHEDULE Pa-Pr *29) Proposed Standard Agreement 81 for Professional Services, Ail Ayes Contract Employee, for physicians represented by Kern FacuIty 'Association;' Agreement 82 for Professional Services, Contract Employee, for physicians not represented by Kern .Faculty Association; and proposed Administrative Policy and Procedure providing for salary determination - APPROVED; AUTHORIZED KERN MEDICAL CENTER CHIEF EXECUTIVE OFFICER TO SI~N AGREEHENTS MENTAL HEALTH SERVICES Pa-Pr *30) Proposed amended Conflict of Interest Code'for the Men=al All Ayes Health Services.-Depar~ment - APPROVED Pa-Pr '31) Proposed Amendment No. I to Agreement No. 515-2000 with All Aves Citizens for the Betterment of Cormuunity and Country_, Inc., for Substance Abuse Residential Services to redistribute $17,500 (318 bed-days} from Drug Court to purchase 977 Sober Living ~nvironment bed-days, for Fiscal Year 2000-2000 (no fiscal impact) - APPROVED; AUTHORIZED CHAIRMAN TO SI~NAGR~EHENT 831-2000 Pa-Pz *32) Proposed Amendment No. I to Agreement No. 516-2000 with All Ayes Kern Child Abuse Prevention Council, to identify and explain the CalWORKS portion of ~he services in connection wi~h Welfare to Work activities provided by the contractor, for Fiscal Year 2000-2001 (no fiscal impact) -APPROVED; AUTHORIZEDCHAIRMANTOSI~NAGREEMENT 832-2000 Pa-Pz *33) Proposed Agreement with the State of California, All Ayes Depart~nent of Rehabilitation, for the Department's On Track Employment Services (OTES) to provide an Individual Self Sufficiency Plan (ISSP) Program, for Fiscal 2000- 2001, in an amount not to exceed $114,080 (State; Budgeted) - APPROVED; AUTHORIZED CHAIRMAN TO SI~N AGREEMENT 833-2000 Sunm~ry of Proceedings Page 6 Board of Supervisors Regular Meeting 08/22/2000 Pa-Pz * 34 ) Proposed Agreement wi th the State of California, All Ayes Department of Rehabilitation, for the Mental Health Department's On Track Employment Services (0TES) to provide vocational services, including assessment, employment preparation, job development and job placement, training and linkage to community resources, for Fiscal Year 2000-2001, in an amount not to exceed $308,273 (State; Budgeted) - . APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 834-2000 Pa-Pz '35) Proposed authorization to submit application for FY All Ayes 2000/2001 State AB 2034 Funds to ~he State Department of Mental Health, which will provide outreach and comprehensive, integrated mental health services for .seriously mentally ill adults who are homeless or at risk of homelessness in . incarceration because of their disability, in an amount not to exceed $1,834,544 (no County match · requi'red) - APPROVED SUBMISSION OF APPLICATION Pa-Pz '36) Proposed Agreement with William Marion; to provide All Ayes Hearing Officer for Probable Cause services for County clients, from August 22, 2000 through June 30, 2001, in an amount not to exceed $8,000 (State; Mandated/Budgeted) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEKENT 835- 2000 Pa-Pz '37) Proposed Agreement with Connie Gieu~nantonio to provide All Ayes Hearing Officer for Probable Cause and/or Capacity and/or Keyhea Hearing services for County clients, from August 22, 2000 through June 30, 2001, in an amount not to exceed $11,000 (State; Mandated/Budgeted) - APPROVED; AUTHORIZED CHAIR/~AN TO SIGN AGREEMENT 836-2000 Pa-Pz *38) Proposed Agreement with Dean Haddock, Ph.D., to prov£de Ail Ayes Hearing Officer for Probable Cause and/or Capacity and/or Keyhea Hearing services for County clients, from August 22, 2000 through June 30, 2001, in an amount not to exceed $5,000 (State; Mandated/Budgeted) - APPROVED; AUTHORIZED CHAIR~L~N TO SIGN AGREEMENT 837-2000 Pa-Pz *39) Proposed Agreement with Therese M. Foley, tO provide All Ayes Hearing Officer for Probable Cause and/or Capacity and/or Keyhea Hearing services for County clients, from August 22, 2000 through June 30, 2001, in an amount exceed $6,000 (State; Mandated/Budge=ed) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEHENT 838-2000 Pa-Pz *40) Proposed Agreement with Ray Yinger to provid~ Hearing All Ayes Officer for Probable Cause and/or Capacity and/or Keyhea Hearing services for County clients, from August 22, 2000 through June 30, 2001, in an amount not to exceed $15,000 ( State; Mandated/Budgeted) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 839-2.000 PUBLIC HEALTH Pa-Pz '41) Proposed License Agreement with Catholic Healthcare West All Ayes California dba Mercy Westside Hospital, for Au=oma=ed Immunization Tracking and Registration System - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 840-2000 Summary of Proceedings Page 7 Board of Supervisors Regular Meeting 08/22/2000 RETIRJE~ENTASSOCIATION Pa-Pz *42) Notice of expiration of terms of office for second, All Ayes seventh, and alternate members of the Board of Retirement - DIRECTED AUDITOR-CONTROLLER-COUNTY CLERK TO CONDUCT ELECTION FOR TERMS OF'OFFICE ENDING DECEMBER 31, 2003 Pa-Pz *43) Sheriff's annual report itemizing expenditures of Inmate All Ayes Welfare funds - RECEIVED AND FILED TREASURER-TAX COLLECTOR Pa-Pz *44) Pooled Cash Portfolio Analysis for Month Ended JulY2000 All Ayes -RECEIVEDANDFILED Pa-Pz *45) Cash ReceiDts and Disbursements for July 2000 - RECEIVED All Ayes AND FILED CLOSED SESSIONS COUNTY ADMINI~TRATIV~ OFFICE Pz- 46) Request for Closed Session regarding Meet and Confer, Ail Ayes CCAPE and KCPA - Pz- 47) Request for Closed Session regarding department head Ail Ayes recruitment - Emergency Medical Services Director - COUNTY COUNSEL Pz- 48) Request for Closed Session.regarding significent exposure Ail Ayes to litigation against the County (two cases) (Government Code Section 54956.9 (b)(1)) - Pr-Pr RECONVENED FROM CLOSED SESSION; RECESSED TO 2:00 P.M. DeniSe Pennell Clerk of the Board Kenne~hW. Peterson Chairman, Board of Supervisors BOARJ::)OF SO?RR¥~80RS - COOh"X~OFKER~ Bakersfield, Califo~ia Re~lar Meeting ~esday, Au~st 22, 2000 2.:00 I>.1'4 BOARD RECONVENED Supervisors: McQuiston, Perez, Patrick, Peterson, Parra ROLL CALL: All Present NOT~.: SUPERVISOR P~.TER$0N R~C0~NIZED .BOY SCOUT JUSTIN ~.PPLEY, WHO IS WORKING ON HIS M~RIT BADGE, AND JUSTIN'S FATHER; AND WELCOMED JASON, A STUDENT FROM BAKERSFIELD COLLEGE, WHO WAS IN THE AUDIENCE CONSENT AGENDA/OPPORTUNITY FOR PUBLIC COMMON-P: ALL ITEMS LISTED WITH AN ASTERISK (*) OR A NUMBER SI~N (W) WERE CONSIDERED TO BE ROUTINE AND APPROVED BY ONE MOTION. BOARDACTION SHOWN IN CAPS PUBLIC PPdZSENTATIONS 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 mad~ or questions posed. They may ask a question for clarification, make a referral to staff for factual information or request staff to report, hack to the Board at a later meeting. Also, ~he 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 NAM~ BEFOP. E MAKING YOUR PRESENTATION. THANK YOU! - NO ONE 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 t° have staff place a matter of business on a future agenda (~ov. Co~e Sec. 54954.2(a)) - NO ONE HEARD Summary of Proceedings Page 9 ' Board of Supervisors Regular Meeting 08/22/2000 DEPARTMENTAL REOUESTS RESOURCE MA_NAGEM~2T~ AGENT¥ Community Development Proara~ Pa-Pz *3) Proposed Professional Services Agreement with M. H. Wolfe All Ayes and Associates, in an amount not to exceed $10,000 of CDBG funding for a biological study connected with the Lost Hills Union School District outdoor recreational facility project - APPROVED; AUTHORIZED CHAIRMAN TO SI~N AGREEMENT 841-2000; AUTHORIZED DIRECTOR TO TRANSMIT EXECUTED AGREEMENT FOR IMPLEMENTATION OF THIS ACTIVITY RESOURCE MANAGEM]Z/T~ AGENCY Enalneerinc and Survey Services Pa-Pz *4) Proposed Amendment No. I to Agreement No. 738-2000 with Ail Ayes Professional Pipeline Contractors, Inc., to update minimum wage requirements by incorporating General Wage Decision No. CA000032, Modification %1 (no additional cost) ~ APPROVED; AUTHORIZED CHAIP~MAN TO SIGN AGR~.EMENT 842-2000 Pa-Pz *5) Tract, 5175, Unit B, south of RosamOnd Boulevard, west of All Ayes 35th Street West, Rosamond Area; agreement extending and amending Subdivision Improvement Agreement; -substitution of Rosamond Investments, LLC, in place of Edgewood Rosamond, LTD. - A) APPROVED SUBSTITUTION OF ROSAMOND INVESTMENTS, LLC, FOR EDGEW00D ROSAMOND, LTD; B) AUTHORIZED CHAIRMAN TO SIGN AGREEMENTS EXTENDING AND A/~ENDING THE SUBDIVISION IMPROVE~4ENT AGR~EM]~T~ FOR TRACT 5175, UNIT B; C ) RECEIVED AND FILED FAITHFUL PERFORMANCE BOND #SD00090456 IN THE AMOUNT OF $31,950', UNDERWRITTEN BY FRONTIER PACIFIC INSURANCE COMPANY; D) RECEIVED AND FILED LABORERS AND MATERIALMEN BOND #SD00090456 IN TH~ AMOUNT OF $15,975, UNDERWRITTEN BY FRONTIER PACIFIC .INSURANCE COMPANY; E) RECEIVED AND FILED INSURANCE CERTIFICATE AND WORKER' S COMPENSATION AFFIDAVIT; F) RELEASED FAITHFUL PERFORMANCE BOND NOS. 129898S, 129899S, 129900S AND 129902S IN THE AMOUNTS OF $26,662, $8,826, $39,251, AND $9,750, RESPECTIVELY, ALL UNDERWRITTEN BY DEVELOPERS INSURANCE COMPANY; G) RELEASED LABORERS AND MATERIALMEN BOND NOS. 129898S, 129899S, 129900S. AND 129902S IN THE AMOUNTS OF $133,312, $44,130, $36,504 AND $4,875, RESPECTIVELY s SumTary of Proceedings Page 10 Board of Supervisors Regular Meeting 08/22/2000 REEOUI~CE MANAGEMENT AGENCY Roads Department Pa-Pr *6) Proposed Agreement with Kern County Water Agency for All Ayes adjustment of water valve covers on various Oildale streets (bounded byAirport DriveandManor Street on the west and east and between Petrol Road and Beardsley Avenue) (Contract No. 20029) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEHENT 843-2000 Pa-Pr *7) Proposed Contract No. 20035 with Asphalt Construction Ail Ayes Company for provision of asphalt concrete (stockpile) in east Kern County, in an amount not to exceed $59,820 - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 844-2000 Pa-Pr *8) Proposed Agreement with California Highway Patrol to All Ayes provide special enforcement services for the period of 7:00 p.m., August 25, 2000, through 1:00 p.m August 26, 2000, for a temporary detour during construction of a railroad crossing on Rosamond Boulevard by the Union Pacific Railroad, in an amount no= to exceed $1,000 - APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 845-2000 S.D.'s $1 & #{ Pa-Pr *9) Contract No. 20016, Plans, Specifications, and Notice to All Ayes Contractors for cons=ruction of asphalt concrete overlay on Palm Avenue and Kimberlina 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 CONTRACTS CODE; BID OPENING DATE TO BE WEDNESDAY, SEPTEMBER 20, 2000, AT 11:00 A.M. Pa-Pr *10) Public Hearing to amend the Siting Element of the Kern All Ayes Countywide Integrated Waste Management Pla~ for closure of the China Grade SanitaryLandfill - OPENED HEARING~ NO ONE HEARD; CLOSED HEARING; APPROVED; ADOPTED RESOLUTION 2000-282; DIRECTED CLERK OF THE BOARD,.TO FILE NOTICE OF DETERMINATION Pr-Pr 11) Report concerning Year 2000 Monitoring and Reporting All Ayes Element - Landfill Gas and Fugitive Dust Status and proposed addition of one (1) full-time Engineer I/II/III position to Budget Unit 8999 - APPROVED REPORT; APPROVED ADDITION OF .ENGINEER I/II/III POSITION; REFERRED TO PERSONNEL TO AMEND DEPARTMENTAL POSITIONS AND SALARY SCHEDULE Summary of Proceedings Page 11 Board of Supervisors Regular Meeting 08/22/2000 COUNTY ADMINISTRATIV~ OFFICE Pa-Pz '12) Proposed Amendment No. 09-2000 to County Administrative All Ayes Procedures Manual updating chapter regarding purchasing procedures - APPROVED Pa-Pz '13) Proposed Amendment No. 10-2000 to County Administrative All Ayes Procedures Manual revising chapter regarding department response to audits and issuing Administrative Bulletin No. 22 regarding responses to Grand Jury final reports and Adm/nistrative Bulletin No. 23 regarding signature authorization - APPROVED Pa-Pz '14) Proposed Amendment No. 11-2000 to County Administrative All Ayes Procedures Manual updating chapter regarding information technology services - APPROVED Pa-Pz '15) Proposed allowable exclusions to Fiscal Year 2000-2001 All Ayes appropriations limit (Gann Limit) - APPROVED Pa-Pz '16) CorreCtion to availability pay for employees occupying All Ayes County-owned housing - APPROVED; APPROVED AVAILABILITY PAY FOREMPLOYEE OCCUPYING COUNTY-OWNED HOUSING AT LAKE W00LLOHES; REFERRED IMPLEMENTATIONTOPROPERTYMANAGEMENT AND PERSONNEL COU1TTY ADMINISTRATIVE OFFIC~ General Services Division Pa-Pz 17) Proposed Resolution amending Ordinance, Code Section All Ayes 2.38.050(21) authorizing and setting fees ,for processing easements and vibroseis agreements, franchise applications, .renewals, ownership transfers, and amendments - OPENED HEARING; NO ONE HEARD; CLOSED HEARING; ADOPTED RESOLUTION 2000-283 AND ENACTED ORDINANCE G-6712 Pa-Pz '18) Plans and Specifications for demolition of substandard All Ayes structures at 19577 Neuralia Road and 156 Cam~ FireD rive in California City (8920.20604121; 8920.21246212) - APPROVED; AUTHORIZED PURCHASING AGENT TO SOLICIT BIDS Pa-Pz '19) ProposedLicense A~reement with Maryellen and Arnold T. All Ayes Cattani for the installation and operation of a rain gauge station by the Engineering & Survey services Department, from August 22, 2000, until terminated by either party {no cost) - MADE FINDING THAT PROJECT IS EXEMPT FROM CEQA PER SECTION 15306; AUTHORIZED GENERAL SERVICES TO FILE NOTICE OF EXEMPTION; APPROVED; AUTHORIZED CHAIRMAN TO SI~NAGP. EEMENT 846-2000 Summary of Proceedings Page 12 Board of Supervisors Regular Meeting 08/22/2000 Pa-Pz *20) Plans and Specifications for demolition of substandard All Ayes structures at 27955 Highway 119 in Dustin Acres' (8920.29816016) - APPROVED; AUTHORIZED PURCHASING AGENT TO SOLICIT BIDS Pa-Pz '21) Plans and specifications for accessibility up~rade of the All Ayes restrooms at Taft Library to conform to ~he Americans with Disabilities Act (8920.37992) - APPROVED; AUTHORIZED PURC"6ASING AGENT TO SOLICIT BIDS Pa-Pz *22) Proposed substitution of subcontractor for Mary K. Shell All Ayes Mental Health Building HVAC System Remodel (1650.7235) - MADE FINDING THAT JOUR/TEYAIRCONDITIONINGHASDOCUMENTED A CLERICAL ERROR IN THE SUBCONTRACTOR LISTING OF THEIR BID SUBMITTAL; APPROVED SUBSTITUTION OF SECURITY ROOFING AS SUBCONTRACTOR FOR ROOFING PORTION OF CONTRACT Pa-Pz *23) Proposed Amendment 'No. 2 to Agreement with Hillman, All Ayes Biddison & Loeven~uth to establish a not to exceed amount of $108,000 for construction administration fo~ engineering services for the Kern Medical Center Seismic Retrofit project (8212.8358) - CONTINUED TO TUESDAY, AUGUST 29, 2000, AT 2:00 P.M. Pa-Pz *24)' Proposed substitution of subcontractor for the Sagebrush Ail Ayes Medical Plaza Family Practice and Pediatrics Clinics (8212.8360) - MADE FINDING 'THAT DATA COMMUNICATIONS SERVICES FAILED TO EF~ECUTE A WRITTEN CONTRACT WITH WALLACE & SMITH CONTRACTORS, INC.; .APPROVED SUBSTITUTION OF DELTA ELECTRICAS SUBCONTRACTOR FOREL~CTRICALPORTION OF CONTRACT Pa-Pz *25) Plans and Specifications for demolition of substandard Ail-Ayes structures at 10600 Habecker Road in Lamont, and Zephyr Lane (APN 173-182-14) and 7856 Doney Street in Bakersfield (8920.18814036, 8920.17318214, 8920.17403025) - APPROVED; AUTHORIZED PURCHASING AGENT TO SOLICIT BIDS MATTERS FOR EX~CUTIV~ APPROVAL Pa-Pz *26) BUdget Transfers - APPROVED 96 THROUGH %8 All Ayes Pa-Pz *27) Minutes for week of July3, 2000 - APPROVED All Ayes Pa-Pz *28) Miscellaneous Letters and Documents - FILED Ail Ayes Pa-Pz *29) Miscellaneous Departmental Referrals by. Clerk of the All Ayes Board - APPROVED AND FILED Summary of Proceedings Page 13 · Board of SuPervisors Regular Meeting 08/22/2000 ~ Pa-Pz *30) Claims and Lawsuits filed with and referred by Clerk of All Ayes the Board - APPROVED AND FILED Pa-Pr ADJOURNED TO TUESDAY, AUGUST 29, 2000, AT 9:00 A.M. hilling O Deputy Clerk of theBoard Kenneth W. Peterson Chairman, .Board of Supervisors 'Sun~ary of Proceedings Page 14 Board of Supervisors Regular,Meeting 08/22/2000 28) MISCELLANEOUS L~TT~RS AND DOCb%~NTS - FIL~ Clerk of the Board A) Letter of resignation from Rebecca Hintz from the Kern County Child Care Council (Copy to each Supervisor and CA0) Community Development B) First-Time Homebuyer Assistance Program Agreement with Irwin Mortgage Corporation C) County Loan Agreement HOME Investment Partnerships Program, Owner Rehabilitation ProTram, with Gilberto V. Salgado and Sofia Salgado; Johnnie B. Maltby; Raymundo Solis and Valentina Solis; and Tamara Travis D) County Loan Agreement HOME Investment Partnerships Program, Arvin Self-Help Homebuyer Program with Jose Alejandro Gomez E) County Loan Agreement Bank of America NT & SA Loan, Loan Proceeds Control Account with Petra Marie Lugo; Lucille Hancock; Tamara Travis; and Raymundo Solis and Valentina Solis Enaineerina & Survey Services F).Response to Carl Jimena re Desert View Avenue (Copy to each Supervisor and CAO) Local Aaencv Formation Conmt{szion G) Proceeding No. 1286, Notice of Hearing in the matter of City of Bakersfield, Annexation No. 412 Rosedale Highway No. 8 (Copy to each Supervisor and. CA0) H) Recorded Easement Deeds from Wayne Kirschenman, Donald and Izetta Camp, and Gri~way Enterprises,. Inc. for County Road 3860, Malaga Road, M399V Waste Management I) Response to. letter fromMaryFarmer re Universal Garbage Collection (ColmY to each Supervisor and CA0) J) Response to letter from Robert ~nd Jennie Ber~man re Universal~arbage Collection (ColmYto each Supervisor and CA0) K) E-mail response to Jeff Parish re Universal Garbage Collection (Copy to each Supervisor, CAO and Waste Management) L)E-mail response to Frank Williams re UniverSal Garbage Collection (Copy to each Supervisor and CAO) . summary of Proceedings Page 15 ~- Board of Supervisors.Regular Meeting 08/22/2000 Miscellaneous M) Letter from Department of Toxic Substances Control re California's year 2000 .Petroleum Refinery Industry Pollution Prevention Review and SB 1916 (Copy to each Supervisor, CA0 and Kern County Air Pollution Control District) N) Letter from California Highway Patrol re Hazardous Materials Incident Report on July 27, 2000 in Mojave (Copy to each Supervisor, CA0, Fire Haz-Mat and Environmental Health Services) O) Letter from Verizon Wireless re Notification letter for Buena Vista Fresno MSA California Limited Partnership (Copy to each Supervisor,' CA0, Planning and General Services) P) Letter from the Depart~ent of Child Support Services re Official Communications (Copy to each Supervisor, CA0, County Counsel and District Attorney) Q) Letter from California Integrated Waste Management Board re exclusion of Class II waste from AB 939 diversion accounting (CoDy to each Supervisor, CA0 and Waste Management) R) Thank you letter from United States Department of Agriculture for transmittal of resolution on June 6, 2000 to Secretary Glickman to release funds for glassy-winged - sharpshooter and Pierce's ---d~sease ..... (-Copy to ~each ........... Supervisor! CAO and Agriculture Department) S) Letter of support from Norman and Barbara Hammon re August 15, 2000 hearing to consider proposed acceptance and declarationof public road right of way and inclusion into the County maintained Road System for portions of Strecker Street, Calvert Boulevard and Pinto Street in the China Lake Acres Area of Ridgecrest, (Copy to each Supervisor, CAO and Roads) T) E-mail fromBob. Sellers re appointment of Doug Carman to Kern,County Citrus Pest Control District Board (Copy to each Supervisor, CAO and Agriculture Department) U) Letter from Indian Wells Valley Water District to US Environmental Protection Agency re US EPA Proposed Arsenic Rule (Copy to each' Supervisor, CA0, Resource Management Agency and Environmental Health Services) V) better from Bakersfield City Council Member David Couch re Annexation Issues (Copy to each Supervisor, CAO and County Counsel) W)Letter from Patrick Gallagher, Sierra Club re a~ditional informati°n on proposed Borba ~airy reguesting the delay of action until issues can be properly addressed under CEQA (Copy to each Supervisor, CAO, Planning, County Counsel and Environmental Health Services) X) Agenda of meeting from Kern County Employees Retirement Association Disability Application Committee on Monday, August 7, 2000 (Copy to each Supervisor and CAO) Y)Agenda of meeting from Tehachapi City Council on Monday August 7, 2000 (CoDy to each Supervisor and CAO) Sunm~ry of Proceedings page 16 Board of Supervisors Regular Meeting 08/22/2000 Z) 'Agenda of meeting for City of Bakersfield Planning Commission on Thursday, August 17, 2000 (Copy to each Supervisor and CA0) AA) Agenda of meeting for In-Home SuDDortive Services Advisory Committee on Thursday, August 10, 2000 (Copy each Supervisor and CAO) BB) Six (6) cards in support of an alternate site for Borba dairy project (Copy to each SuDervisor, CAO, Planning, Environmental Health Services and County Counsel) CC) Two' (2) letters Opl>osing Universal Garbage Collection (CoDy to each SuDervisor, CA0, Waste Management and County Counsel) DD) State of California Fair P01itical Practices Commission Bulletin for August, 2000 (Copy to each Supervisor, CA0 and all elected officials) EE) Memo. from State Department-of Housing and Community Development re Droposed micro-enterprise loan program discussion on Saturday August 19', 2000 (Copy to .each Supervisor and CAO) FF) Memo from San Joaquin Valley Air Pollution Control District re. Citizens' Advisory Committee Attendance Records (Copy to each SuDerviSor and CAO) GG) Notice of ADDlication for PG&E Electric Rate Increase '(Copy .to each ..Supervisor, CAO and General Services) H~) Postcard from US Fish and Wildlife Services re extension of public comment period for California Red-legged Frog until November 8, 2000 (Copy to each Supervisor, CAO and Planning) II) Newsletter from California Rifle and PistoI Association, Inc., The Firing Line, August, 2000 Issue #848 (Copy to each SuperviSor, CAO. and County Counsel) , · 29) LETTERS RECEIVED AND REFERRED BY CLERK OF T~E .BOARD - APPROVED AND FILED A) Letter from Howard D. 'Bales re .public .hearing on property in Kernville - REFERRED TO PLANNING B) Letter from Lynda Johnson re concerns about Animal control - REFERRED TO ENVIRONHSNTAL HEALTH SERVICES/ ANIMAL CONTROL (Copy to each Supervisor and CAO) 30)CLAIMS AND LAWSUITS FILED WITH ~ R~FERRED BY T~E CLEPJ~ OF THE BOARD - APPROVED ~ FILED A) Claim in the matter of ~ vs .Kern County - REFERRED. TO COUNTY COUNSEL (Copy 'to Risk Management) B) Summons and Complaint 'in the matter of Robert Clevelend vs Kern County - REFERRED TO COUNTY COUNSEL (Copy to Risk Management ) C)Claim in the matter of Reverend Joe Fortt vS Kern County - REFERRED TO COUNTY COUNSEL (Copy to Risk Management) D) Claim in the matter of Edward Wi11iam Holman. Jr.. minor. Kathy G. Holman. mother, vs Kern County - REFERP~ED TO COU1TI"~ COLTRSEL (Col~Y to l~isk Management) · Sunm~ry of Proceedings Page 17 ~ Board of Supervisors Regular Meeting 08/22/2000 E) Claim in the matter of Andrew Keyes and Margaret Keyes vs Kern County - REFERRED TO COUNTY COUNSEL (Copy =o Risk Management ) F) Summons and Complaint in the matter of ~ vs Kern County - REFERRED TO COUNTY COUNSEL (Copy to Risk Management ) G) Tort Claim in the matter of Alexandra Moreno. a minor, by and throuah her Parents and Guardians ad litem. Lorenso and Sylvia Moreno vs Kern County - REFERRF~D TO COUNTY COUNSEL (Copy to Risk Management) H) Claim in the matter of ~ vs Kern County - REFERRED TO COUNTY COUNSEL (Copy =o Risk Management) I) Claim in the matter of Maria Reves and Samuel Pineda vs Kern County - REFERRED TO COUNTY COUNSEL (Copy to Risk Management ) J) Summons and Complaint in the matter of ~ vs County of Kern - REFERRED TO COUNTY COUNSEL (Copy to Risk Management ) K) Claim in the matter of ~ vs Kern County - REFERRED TO COUNTY COUNSEL (Copy to Risk Management) L) Claim in the matter of Tomas Vascuez vs Kern County - REFERRF.,D TO COUNTY COUNSEL (Copy to Risk Management) M)-- Claim- in-. =he matter--of- William--von--KleinSmid -vs-Kern County - REFERRED TO COUNTY COUNSEL (Copy to Risk Management ) BAKERSFIELD MEMORANDUM AUGUST 25, 2000 TO: HONORABLE MAYOR AND CitY COUNCIL l~. ~ / FROM: DARNELL W. HAYNES, ASSISTANT TO THE CITY MANAGER THROUGH: ALAN TANDY, CITY MANAGER SUBJECT: AGENDA HIGHLIGHTS - AUGUST 30, 2000, COUNCIL MEETING PRE-MEETING There are three workshop items: 1) a GIS demonstration of the new aerial photography and map retrieval systems by MIS Director Bob Trammell; 2) a median island enhancement update by Public Works Director, Raul Rojas; and 3) a report by Development Services Director Jack Hardisty and Captain Wahl regarding code enforcement and community policing. There are two closed session items: 1) a conference with legal counsel regarding existing litigation, Union Pacific Railroad Company, et al vs. Pacific Bell, et al.; and 2) a conference with legal counsel regarding potential litigation. APPOINTMENTS There will be seven appointments to the Keep America Beautiful Committee, to be determined by Council. Nineteen valid applications were received. CONSENT CALENDAR Consent Calendar items are explained by Administrative Reports. Those that should be highlighted include: Resolutions: 8c. Resolution of Intention orderin.q the vacation of Camino Grande Drive to prohibit public access alon.q the north side of the Cogeneration Plant. The County is planning to close the portion of Camino Grande Drive that extends through the old landfill property. The plan is to limit access to County vehicles, emergency services, and vehicles necessary for operation of the Plant. City staff notes that an easement must be retained for Bike Path purposes. PublicWorks, Fire, Police, Development Services and Economic Development have not posted any objection; however, due to fire hazards in the area, fire service must be retained along Camino Grande Drive between Alfred Harrell Highway and the Paladino area. The utility companies were notified and have indicated their existing facilities must be protected with reservation of an easement. Preliminary notice was mailed to all land owners within a 300-foot radius, with one owner expressing concern. The proposed closure was heard by the Planning Commission at its meeting of HONORABLE MAYOR AND CITY COUNCIL August 25, 2000 Page -2- August 3, 2000, and was found to be consistent with the 2010 General Plan. This resolution sets the date of September 27, 2000 for Public Hearing on the proposed vacation. 8d. Resolution ordering the summary abandonment of the west 130 feet for a lot line adiustment within Tract No. 5698. The owners of Lots 2, 3, and 4 of Tract No. 5698 have agreed to adjustment of the lot lines which would enlarge Lot 4. The owner of Lot 4 plans to build a home that will encroach upon the existing public utility easement and therefore has requested abandonment. All of the utility companies were notified, together with Public Works, Fire, Development Services and Economic Development, and there were no objections. All property owners within a 300-foot radius were also notified, with no objections received to date. The proposed abandonment was heard by the Planning Commission at its meeting of August 3, 2000, and was found to be consistent with the 2010 General Plan. 8e. Resolution orderin.q the summary abandonment of the Reserved Public Utility Easement in the vacated alley for the Downtown Extension Complex at 20th and K Streets. A 33-foot alley located near the area of 20th and K Streets was vacated in July, 1997. A utility easement was retained for existing facilities. California State University'Merced has since acquired a majority of the block containing the alley for construction of their Downtown Extension Complex. The new construction will encroach on the east half of the easement and along a portion of the west half. The applicant has completed arrangements with all utility companies to relocate and/or remove any utilities within these areas. All of the utility companies were notified, together with Public Works, Fire, Development Services and Economic Development, and there were no objections. All .property owners within a 300-foot radius were also notified, with no objections received to date. The proposed abandonment was heard.by the Planning Commission at its meeting of August 3, 2000, and was found to be consistent with the 2010 General Plan. 8f. Resolution adding territory to the Consolidated Maintenance District and confirminq the assessments, approving Public Works Director's Report and authorizing collection of assessments by the Kern County Tax Collector. The owner of tentative Tract No. 5944 submitted a written request to form a maintenance district that will provide for maintenance of a public park and public street landscaping. The area is generally bounded by McKee Road on the north, Akers Road on the east, a line 1/4 mile south of McKee Road on the south, and a line 3/8 mile west of Akers Road on the west. The owner submitted a letter waiving all hearings required by the Brown Act, the Municipal Code, and all Proposition 218 rights. In order to provide future property owners with disclosure, a covenant will be supplied to the subdivider/developer to be recorded with the Tract map and all future subdivision maps in the area. 8g. Resolution adding territory to the Consolidated Maintenance District and confirming the assessments, approvina the Public Works Director's Report and authorizing collection of assessments by the Kern County Tax Collector. The owner of tentative Tract No. 5996 submitted a written request to form a maintenance district that will provide for maintenance of a public park and public street landscaping. The area is generally bounded by Ardmore Avenue on the north, Akers Road on the east, the alley north of Parker Avenue on the south, and a line 630 feet west of Akers Road on the west. The owner submitted a letter waiving all hearings required by the Brown Act, the Municipal Code, and all Proposition 218 rights. In order to provide future property owners with disclosure, a covenant will be supplied to the subdivider/developer to be recorded with the Tract map and all future subdivision maps in the area. 8h. Resolution authorizin.q the filinq of an application with the Kern Council of Governments for allocation of Transportation Development Act funds for Fiscal Year 2000-01. Transportation Development Act funds are administered by the Kern Council of Governments. The City typically does not receive any TDA Article HONORABLE MAYOR AND CITY COUNCIL August 25, 2000 Page -3- 8 Street and Road funds, which are used to address transit problems. The filing of this application is a formality and is done in case additional TDA Article 8 funds become available in the future for street and road projects. 8i. Resolution determining that a mobile stage unit for the Recreation and Parks Department cannot reasonably be obtained through usual bidding procedures and authorizing the Finance Director to dispense with bidding. The Fleet Services Division of the Public Works Department has worked with the Recreation and Parks Department to research the purchase of a self-contained portable stage unit. Of the two manufacturers of quality units in the United States, only one, Century Industries, offers a unit that meets the requirements of the Recreation and Parks Department for size and quality. Staff recommends that this unit be obtained via sole-source purchasing. 8i. Bakersfield Municipal Airport. Staff submitted a funding request for $85,000 to the State Department of Transportation, Aeronautics Program, for slurry seal improvements at the Bakersfield Municipal Airport. The request was approved March 30, 2000. The Aeronautics Program requires a resolution certifying the approval of the application by the applicant's governing body and contains assurances that the City of Bakersfield has the local matching funds to the State's $85,000 grant. This administrative report also appropriates the State grant funds and the local match for the slurry seal project. Agreements: Bk. Transportation Impact Fee Agreement with Castle & Cooke California, Inc. for construction of additional travel lanes on Buena Vista Road and Ming Avenue. This agreement will allow Castle & Cooke California, Inc. to construct required improvements which are in the local and regional Transportation Impact Fee program in-lieu of paying their proportionate share of the required Traffic Improvement Fees. This agreement is for the construction of one south bound lane on Buena Vista Road between the Kern River Canal Crossing to White Lane and one east and one west bound lane on Ming Avenue from Buena Vista Road to Allen Road. 81. Amendment No. 2 to Agreement No. 97-346 with W. Koo & Associates, Inc., for seismic retrofit design of six City bridges. The City entered into Agreement No. 97-346 with W. Koo & Associates for the seismic retrofit design of six City bridges. With CalTrans concurrence, the City opted to replace southbound North Chester Avenue bridge since replacement and retrofit costs were comparable, and bridge replacement would be fully funded under the retrofit program. Since the bridge is more than 50 years old, it must undergo a Historic Architectural Survey to determine historical significance and, if necessary identify appropriate mitigation measures for the planned demolition and replacement of the bridge. The Amendment to the Agreement will cover the $12, 297 cost related to the Survey. Staff also recommends appropriating STP funds and State Seismic Funds to cover the contract amount increase plus staff time and any miscellaneous direct costs. 8m. Contract Change Order No. 8 to Contract No. 99-49, Q Street Underpass, ChesterAvenue Underpass widening and related track work at the Burlinqton Northern and Santa Fe Railway Tracks, for installation of insulated joints on railroad tracks, seismic protection for the ChesterAvenue Underpass Railroad Bridge, payment of an early completion incentive at a cost increase of $161,002. This change order provides for: 1) additional track work required for the Amtrak Station in order to provide proper signaling and safety for all Amtrak trains; 2) installation of the necessary seismic protection of the widened portion of the Chester Avenue Underpass Railroad Bridge; and 3) payment of $100,000 to Griffith Company for meeting the early HONORABLE MAYOR AND CITY COUNCIL August 25, 2000 Page -4- substantial completion date of June 30, 2000. This date was established to insure that the Q Street Underpass would be open at the same time as the opening of the Amtrak Station. Bids: Item 8n. Award Annual Contract to Granite Construction for street materials to repair City street surfaces in an amount not to exceed $1,318,710. Staff received two acceptable bids and is recommending award to Granite Construction. Item 80. Extend bid award to Central Valley Truck Center to add $111,710.53 for one additional refuse truck for Public Works Department. On June 14, 2000, the City Council awarded a bid for one replacement roll-off refuse truck to Central Valley Truck Center. A second truck is now required due to the additional 15,000 tons per year generated by the County green waste pickup program. The bid specifications provided for additional units to be purchased at the same per unit cost for a reasonable time with the written approval of both the successful bidder and the City. Item 8p. Reject bid for traffic siqnal interconnect installation at various locations in the City of Bakersfield. Staff received one bid, which was significantly higher than the Engineer's estimate of $458,813.25. The project will be re-evaluated and re-advertised. Miscellaneous: 8q. Quitclaim Deed from the City of Bakersfield to the Links at Riverlakes Ranch, LLC for a Public Utility Easement and Sewer Easement located west of Riverlakes Drive, north of Hageman Road. This Quitclaim grants back to The Links at Riverlakes Ranch, LLC the City's right, title and interest in a public utility easement and sewer easement within The Links Golf Course that was recorded in error. The City is in possession of revised easements which will be recorded to correct the error. 8r. Update of Capital Improvement Plan and Fee Schedule for Transportation Impact Fee. The Municipal Code requires the Capital Improvement Plan and Fee Schedule for the Transportation Impact Fee to be updated and adopted by the City Council each fiscal year. It has been nearly four years since a comprehensive review of the Plan and Fee Schedule has been conducted. Staff believes that such a review is now appropriate, and recommends referring this item to the Urban Development Committee. 8s. Approval of Community Development Block Grant Amendments. During the City's budget process, staff identified project savings from prior year activities totaling $251,066. In order to comply with HUD regulations, any significant changes or additions to must undergo an amendment process, which includes obtaining citizen views and comments on the proposed changes. During the preparation of the FY2000-01 budget submission, $145,000 of project savings were earmarked for the continued operation of the City's graffiti removal program. The approved City budget already reflects the programming of $145,000 of project savings, however, this action is needed in order to comply with HUD amendment guidelines. Available program savings for reprogramming is $106,066. At the April 19, 2000 Budget and Finance Committee meeting, several projects were reconsidered for funding as part of this amendment. The Committee recommended funding assistance for the Garden HONORABLE MAYOR AND CITY COUNCIL August 25, 2000 Page -5- Childcare and Youth Center rehabilitation project, Valley Achievement Center Acquisition, Bethany Homeless Center rehabilitation project, and the Bernard Street Lighting Upgrade. Lastly, an economic development study for the Southeast Bakersfield Redevelopment Project Area has been proposed for CDBG funding. If this project is approved staff is recommending the funding of the study come from the FY 2000/01 CDBG program funds. 8t. Transfer $30,000 from Council Contingency to the Non-Departmental Operating Budget for a contribution to the Bakersfield Museum of Art for construction of the sculpture garden proiect. On May 23, 2000 the City of Bakersfield received a request from the Bakersfield Museum of Art to provide ground maintenance services with City staff or funding support in the amount of $750 per month for the next five years. The City Council has a policy of not funding operational expenses for non-profit organizations, however, the Budget and Finance Committee discussed a preference to fund a one-time capital project. City staff was directed to meet with a museum representative and identify a capital project. The sculpture garden project was identified and recommended for one-time funding in the amount of $30,000 to be made available from Council Contingency. 8u. City Positions on Lea.que of California Cities Resolutions. The Legislative and Litigation Committee met on August 24, 2000 to review the proposed League of California Cities annual resolutions. The Legislative and Litigation Committee took a position on each of the proposed resolutions.. The Committee recommends that Council accept its recommendations and direct the City's Delegate to vote accordingly during the League's General Assembly meeting at the Annual Conference. Item 8v. Transient Outdoor Business Permits. The owner of a seasonal business, which is.subject to the zoning requirements of the Transient Outdoor Business Ordinance, requested in writing a change in the permitted zoning for seasonal permits from C-2 to C-1. Currently, transient outdoor businesses are permitted in a C-2 zone. Some exceptions include property owned and occupied by a church and/or school, and the business is located no less than 300 feet from the property line of any residence. A C-1 zone is a neighborhood commercial zone, which is typically smaller in scale and limits uses due to the proximity to residences. Zoning restrictions can be modified by a Conditional Use Permit. There is a fee of $1,342 for this permit because the neighborhood must be noticed and there must be a public hearing. Until about one year ago, all transient outdoor permits were issued for a 90-day maximum term. At the request of the owner, the ordinance was amended to add a 180-day permit for seasonal food sales. The first reading of the amendment reflected a C-1 zone, in error. The error was corrected for the second reading, but caused confusion to the owner. Two temporary CUPs were issued, at no cost to the owner, as a result of the confusion. Under the existing ordinance, the owner can reapply for the CUPs, at his expense, or the Council may give consideration to amending the ordinance. Staff recommends referring this item to the Budget and Finance Committee. HEARINGS 9a. Resolution confirming the report of the Chief Code Enforcement Officer regarding assessment of 825 Brundage Lane in the City of Bakersfield for which a dangerous building has been demolished. The property located at 825 Brundage Lane was determined by the Building Director to pose an imminent threat to the health and safety of the citizens of the City of Bakersfield. The property owner was notified and HONORABLE MAYOR AND CITY COUNCIL August 25, 2000 Page -6- failed to comply with the notice to abate such a public nuisance. As permitted by the Municipal Code, the public nuisance listed above was demolished under the direction of the Chief Code Enforcement Officer. The property owner has been given notice of their right to appear at the hearing on this matter and to object to the correctness of the costs incurred by the City to remove the public nuisance. This resolution confirms the costs incurred by the City for work performed to demolish the subject structure and order that such costs be made a lien against the property. 9b. Resolution confirming the report of the Chief Code Enforcement Officer regarding assessments of certain properties for which structures have been secured against entry or for the abatement of certain weeds, debris and waste matter. The subject properties listed in this report are in violation of Chapter 8.27 of the Bakersfield Municipal Code which prohibits maintaining open and abandoned dilapidated structures, maintaining hazardous weeds, debris and waste matter, which constitute public nuisances. The property owners were notified and failed to comply with the notices to abate such public nuisance. After a hearing duly noticed and held before the Building Director, the Director issued orders requiring the property owner to abate the public nuisance. As permitted by the Municipal Code, the public nuisance listed above was demolished under the direction of the Chief Code Enforcement Officer. The property owner has been given notice of their right to appear at the hearing on this matter and to object to the correctness of the costs incurred by the City to remove the public nuisance. This resolution confirms the costs incurred by the City for work performed to remove the public nuisance and order that such costs be made a lien against the property. 9c. Public Hearing to notice the extension of the moratorium against issuance of permits for vendors conductinq sales from portable concession stands in City parks. At the July 19, 2000 City Council Meeting, Council adopted a Resolution establishing a moratorium on the issuance of permits for vendors conducting sales from portable concession stands in City parks. The 45 day moratorium expires on September 2, 2000. The moratorium did not impact current permittees; rather, it applied only to new applications. The matter of vending within the parks was referred to the Legislation and Litigation Committee and was placed on their agenda of August 24, 2000. Initial moratoriums last for 45 days but can be extended for a period of 10 months and 15 days after conducting a public hearing. Given the complicated nature of this topic, the time needed to send out and respond to Requests for Proposals, and allow time for Council to discuss how best to proceed and consider appropriate ordinance provisions, staff recommends extension of the moratorium. 9d. Resolution in support of amendment to the Kern Countywide Siting Element.of the Countywide Integrated Waste Manaqement Plan. Kern County is preparing to amend the Countywide Integrated Waste Management Plan to include the closure of the China Grade Landfill in the Siting Element. Although the China Grade Landfill is located outside the City of Bakersfield, the City has the opportunity to participate in the amendment process. Because these proposed changes present no adverse impact within the City's jurisdiction, it is appropriate to pass a resolution in support of the Siting Element amendment. 9e. Ordinance amending Section 14 of Subsection (a) of Ordinance No. 2518 relating to the Cable Television Franchise of Time Warner Entertainment Advance/New House. This ordinance will allow Time HONORABLE MAYOR AND CITY COUNCIL August 25, 2000 Page -7- Warner Entertainment a 24-month franchise fee exemption for its high speed Internet service. The public hearing for this ordinance is scheduled at the time of second reading of the ordinance on August 30, 2000. REPORTS 10a. Report Nos. 1-00 and 2-00 from the Personnel Committee regarding Management Salary Survey Results. The management salary survey results have been presented to and reviewed by the Personnel Committee, who had a member absent, There are two minority report alternatives for City Council consideration. The classification of Risk Manager is proposed to be deleted from consideration, as the position is under review due to the recent resignation of the incumbent. DEFERRED BUSINESS 1 la. Ordinance amending the Municipal Code by addin.q Annexation No. 410 to Ward 4, located between Allen and Jenkins Roads, north of Brimhall Road to Rosedale Highway. (First reading 8/16/00) This annexation area consists of 144 acres of uninhabited land. The owner wishes to annex the site to the City to receive City services. This Ordinance amends the ward boundaries to include Annexation No. 410 area into the corresponding Council ward. 11 b. Ordinance amending the Municipal Code by adding Annexation No. 411 to Ward 4, located north of Stockdale Hiqhway between Allen and Jenkins Road. (First Reading 8/16/00) This annexation area consists of ~ acre inhabited land. The owner wishes to annex the site to the City to receive City services. This Ordinance amends the ward boundaries to include Annexation No. 411 area into the corresponding Council ward. 1 lc. Ordinance amending the Municipal Code and Zoning Maps changing the zoning district from One Family Dwellinq Church and Limited Multiple Family Dwelling to Planned Commercial Development on 5.14 acres. Halferty Development Corporation has requested an amendment to the General Plan and a zone change for property located along the south side of Ming Avenue, between Canter Way and Rain Tree Court. The applicant proposes to demolish the existing Fellowship Bible Church, 16 apartment units and develop the site to a shopping center consisting of 71,500 square feet of floor area with retail and restaurant uses. The Planning Commission is recommending approval of the Negative Declaration, General Plan Amendment and zone change with extensive changes to the project. Extensive changes to the project design were made to address the concerns expressed by the neighborhood. The City Council approved General Plan Amendment P00-0236 and gave first reading of the Ordinance on August 16, 2000. Staff is recommending adoption of the ordinance. 11d. Ordinance amending the Municipal Code and Zoning Map from Neighborhood Commercial and Estate to Limited Multiple Family Dwelling zone. The Planning Commission and staff is recommending approval of a request to amend the General Plan for a project covering approximately 3.58 acres located along the north side of Brimhall Road, east of Jewetta Avenue. The purpose of the proposal is to increase the size of the Iow-medium density residential and limited multiple-family dwelling zoning to 7.7 acres for future development of the site. There was no opposition for this item, no significant environmental issues were raised by the public or any affected public agency at the public hearings held by the Planning Commission. The City Council conducted the first reading of the Ordinance on August 16, 2000. HONORABLE MAYOR AND CITY COUNCIL August 25, 2000 Page -8- 11e. Ordinance amending the Municipal Code and Zonin.q Map changing the zoning district from One Family Dwelling to Planned Commercial Development, consisting of 3.93 acres at the northwest corner of Calloway Drive and Meacham Road. The applicant proposes to develop the site as a restaurant facility with fine dining in the existing dwelling, with two casual dining structures and relaxation areas distributed around the site. Outdoor activities will include weddings, and a deck for dining and socialization adjacent to the existing house. The Planning Commission is recommending approval of the Negative Declaration, General Plan Amendment and zoning change amendment and required several changes to the site plan. The applicant conducted neighborhood meetings and redesigned the project to address concerns expressed. The City Council approved General Plan Amendment P00-0253 and gave first reading of the Ordinance on August 16, 2000. Staff is recommending adoption of the ordinance. 1 lf. Ordinance amendinq the Municipal Code and Zoning Maps by changing the zoning from Planned Commercial Development zone to a revised Planned Commercial Development related to the Bakersfield Heart Hospital. The Bakersfield Heart Hospital is requesting a zone change approving a revised PCD zone for the Bakersfield Heart Hospital campus. The request includes approval of a helistop, a revision to the medical office building location and configuration, and the revision of the footprint of the hospital wing. The hospital proposes to construct parking and landscaping within the right-of-way of the future Sillect Avenue alignment and the Oak Street/Sillect Avenue intersection. Construction of the Oak/Sillect street improvements is tentatively scheduled to take place in 7 to 10 years. To provide for the future street improvements for the Oak Street and Sillect Avenue intersection, the applicant has consented to enter into an agreement between the hospital and the City which identifies each party's responsibilities related to the hospital's ability to use the City's right-of-way for temporary parking until such time as the City constructs the Oak Street/Sillect Avenue alignment. This is the second reading of the ordinance. 11.q. Ordinance amending Municipal Code and Zoning Map from Planned Unit Development to One Family Dwelling on 65.44 acres, located south of Campus Park Drive, west of Old River Road. Castle & Cooke California, Inc. is requesting a General Plan Amendment to change the land use designation from High Medium Density Residential to Low Density Residential on 8.62 acres and to change the zoning from Planned Unit Development to One Family Dwelling on 65.44 acres. The project site is located south of Campus Park Drive, west of Old River Road. The Planning Commission held public hearings for this project in June 2000. The project was recommended for approval by both staff and the Planning Commission with additional conditions. Castle & Cooke appealed the conditions regarding second land road improvements and required fencing for the Buena Vista Canal to the City Council. The appeal by the applicant was denied. The requested zone change was proposed in conjunction with GPNZC P00-0235, which the City Council adopted on August 16, 2000. This Ordinance reflects the general plan amendment in the zoning ordinance. This is the second reading of the ordinance. 11h. Ordinance amending the Municipal Code and Zoning Maps from Light Manufacturinq, General Manufacturing and Heavy Manufacturing to One Family Dwelling zone, Limited Multiple Family Dwelling and General Commercial zone upholding the decision of the Planning Commission and denying the appeal by Olive-Landco Associates to the conditions of approval. The application started out as a 504 acre annexation that included zone changes and general plan amendments to change a variety of industrial zones to residential and commercial developments. The entire 504 acres were annexed into the City of Bakersfield on April 24, 2000. The project involves the redevelopment of the abandoned sewerage treatment plant for the North of the River Sanitation District located near the City of Shafter. The project HONORABLE MAYOR AND CITY COUNCIL August 25, 2000 Page -9- was recommended for approval by the Planning Commission. The City Council held the first reading of the Ordinance on August 16, 2000, in conjunction with adoption of a general plan amendment for this property requested by Kyle Carter. Staff recommends adoption of the Ordinance. .11i. Ordinance repealing Section 15.64.180 of the Bakersfield Municipal Code regarding Unsupervised Fuel Dispensing. The City currently has 40 gas station facilities that utilize card readers. Considering the technological advances in both safety and leak detection monitoring, the Fire Department feels it is appropriate for these stations to be able to operate after hours unsupervised. Adoption of this ordinance would repeal this section of the Municipal Code and permit these facilities to operate like a cardlock facility after hours. Enforcement would then be in accordance with the existing California Fire Code language. This is the second reading of the ordinance. NEW BUSINESS 12a. Ordinance amending Subsection F of Section 3.20.090 of the Bakersfield Municipal Code relatin.q to performance bonds. On certain City projects, where the City is using its own forces to do the work, the requirement for performance bonds adds unnecessary expense. The bidder will only be delivering materials; thus, the need for performance bonds is minimal. This ordinance change exempts the City from the requirement that performance bonds be obtained on such projects. 12b. Ordinance amending Title 17 of the Bakersfield Municipal Code and multiple zone maps within the metropolitan Bakersfield area by changing the zoning for forty-two City parks and twelve North Bakersfield Recreation and Parks District parks from various zone classifications to Open Space zoning. This request is to bring all parks within the City of Bakersfield into compliance with the appropriate zoning and to allow for future passive recreational uses/facilities within any of the park sites without the need to process a Conditional Use Permit application. Currently some parks are not correctly zoned and this request is to change the zoning from various zone districts to an Open Space (OS) zone on a total of 54 park sites throughout the metropolitan Bakersfield area. Forty-two park sites are City owned and twelve are owned and operated by the North Bakersfield Recreation and Park District (NBR&PD). The request is consistent with the various park site's land use designations as shown on the Metropolitan Bakersfield 2010 General Plan maps. NBR&PD concurs with the proposed changes and no public opposition has been received to date. 12c. Ordinance amending Chapter 5.08 of the Bakersfield Municipal Code relating to Alarm Systems. This ordinance minimizes the differences between Police and Fire in regards to the number of false alarms before a citation/fine is imposed. Enforcement action will be taken upon an alarm owners fifth false alarm or third false robbery or third fire alarm within any 12 month period. Representatives from local alarm companies were involved in the process and have not objected to the proposed changes. AT.DWH.al cc: Department Heads City Clerk's Office News Media File