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HomeMy WebLinkAbout10/06/00 BAKERSFIELD CITY MANAGER'S OFFICE MEMORANDUM October 6, 2000 TO: HONORABLE MAYOR AND CITY COUNCIL FROM: ALAN TANDY, CITY MANAGER ~7"b.,./ r-/cs. SUBJECT: GENERAL INFORMATION 1. Information related to the City Center project: · In the Ad Hoc Committee - City Center packet, you will find reformatted naming rights / sponsorship material. If you know of any prospects that we should send the material to, please let us know. · Mayor-Elect Hall asked me to articulate the "positives" of the City Center proposal in bullet form. A copy is enclosed for your information. · A memo from the Planning Director regarding the status of the environmental review process is enclosed. The first phase has been completed, which was the 30 day review period (from August 25th to September 25th) to identify the issues that will be addressed in the environmental impact report. Stan Grady reports the unusual condition of 30 calls with "overwhelming support for the proposal". · Councilmember Couch requested copies of the first and second drafts of the CRC Study. Due to the size of the documents, we have not made multiple copies, but the information is available in the City Clerk's office for your review. 2. Congratulations to Rhonda Barnhard, Assistant City Clerk, who has been promoted to Business Manager for the Economic and Community Development Department. She will assume her new duties on October 23% We will miss her at the Council meetings. 3. The Employee Incentive Committee has issued the enclosed list of High Five 2"~ and 3rd quarter nominees and winners. Our thanks go out to all of them for a job well done. Honorable Mayor and City Council October 6, 2000 Page 2 4. Per the enclosed report from EDCD, we have successfully passed our enterprise zone audit. That is the first step in applying for a five-year extension of our enterprise zone, which expires in October, 2001. 5. EDCD is recommending that we look into a program offered by HUD that allows local governments to purchase HUD homes that have been on the market for more than 180 days for $1.00, plus closing costs. Staff will contact the Kern County Housing Authority to determine their interest in partnering with us. This program has the possibility of generating income that could be used to finance future housing projects. Further details are provided in the attached memo. 6. A summary of the September 28th Southeast PAC meeting is enclosed for your information. 7. It has been brought to our attention that various contractors are having difficulty in meeting the City's rating requirement for workers' compensation insurance, due to a statewide downgrading of ratings for worker's compensation insurers in California, including the statutorily established State Fund. The inability of contractors to meet our rating requirement would result in not being able to complete City projects and cause delays to development projects. After consulting with the City Attorney's office and administrators of the California Cities Excess Liability (ACCEL) program, of which the City of Bakersfield is a member, staff is changing the rating requirement to a "B+" (very good) rating for Worker's Compensation. There is limited exposure in reducing the rating requirement, since worker's compensation insurance plans are protected by a special fund established by the state to cover claims, should an insurance company fail. Additionally, this reduction in rating should have no effect on the provision of worker's compensation benefits to the contractor's employees. We are not changing the City's rating requirement for liability insurance. In talking with representatives of State Fund, they are actively working to get their rating back up to the previous level. Staff will continue to monitor this issue. 8. California Water ServiCe notified us that the Kern County Water Agency will be temporarily shutting down their treatment plant for maintenance for about 18 hours on Tuesday, October 10th. If the repairs extend beyond the planned 18 hours, California Water Service will have storage capacity for up to 30 hours. Beyond that, wells would be activated, which could mean discolored water for some residents of the northeast. California Water Service has agreed to place tags on the doors of the affected homes prior to October 10th. Again, these efforts may be cautionary only, if maintenance goes as planned. Honorable Mayor and City Council October 6, 2000 Page 3 9. A letter from the U.S. Army Domestic Preparedness Train-the-Trainer Program is enclosed which recognizes staff from the Fire and Police Departments for their commitment and support of the training held in Bakersfield during June. 10. The Required Environmental Clean-Up Status Report as of 9/30/00 is provided by the Fire Department for your information. 11. Responses to Council requests are enclosed, as follows: Councilmember Carson · Information regarding the funding support for the Rockin' by the River concerts and the public swimming pools; · Guidelines for use of Proposition 12 monies for recreation activities; · Status of railroad crossing repair at East California and Washington; · Meeting with concerned citizens regarding East Planz sump issue. Councilmember DeMond · Analysis of additional costs relating to multi-purpose use of stadium grounds; · Review of alternatives to slowing traffic on Beech Street, including installation of medians; · Possibility of widening 24th Street in relationship to cOmpletion of the metropolitan plan. Councilmember Maggard · Schedule new hearing date and re-notice residents regarding vacation of Camino Grande Drive and do analysis of conditions regarding closure; · Status report on software tracking systems for constituent issues. Councilmember Couch · Meeting with staff to discuss Fruitvale Properties request; · Shellabarger Road information for inclusion in file; · Public meeting regarding proposed development at Brimhall and Allen Roads; · Citizen concern regarding speed limit on Hageman Road close to school areas; · Citizen concern regarding garage sales; · Citizen concern regarding illegal dumping by street sweeper in County area adjacent to City; · Information regarding possible utility rate increases due to deregulation; · Citizen concern regarding unsafe condition at Truxtun and Coffee Road; · Citizen concern regarding playhouse in adjacent yard; · Obtain publication on traffic issues for Councilmembers; Honorable Mayor and City Council October 6, 2000 Page 4 · Citizen concern regarding lack of vehicle access to Liberty High School; · Discussion of curbside recycling with Solid Waste Director; · Staff recommendation regarding Proposition 35; · Funding source and other information regarding the Convention and Visitors Bureau; · Thank you letter to CSUB CEER directors; · Information regarding possible purchase of homes for widening of 24th Street. Councilmember Green · Revision of various questions on Economic Incentives form. Councilmember Sullivan · Contact Kern County regarding purchase of patrol car from City. Councilmember Salvaggio · Contact Kern County to firm up the time line for installation of 4-way stop at Highway 119 from southbound Highway 99. AT: rs co: Mayor-Elect Hall Department Heads Pamela McCarthy, City Clerk Trudy $1ater, Administrative Analyst BAKERSFIELD Economic and Community Development Department MEMORANDUM October 5, 2000 TO: Alan Tandy, City Manager FROM: Alan Christensen, Assistant City Manager/~ SUBJECT: Software Tracking System for Constituent Issues Attached is a memo in response to Councilmember Maggard's request for a status update on constituent tracking software. In addition to that request, Mr. Maggard is interested in the Council receiving access to personal computers at their home to improve communications with staff and the public. While this request is possible, there are many issues that have to be ~vorked out before it can be implemented. Staffis planning to present a program to the entire Council once these issues are ironed out. BAKERSFIELD MANAGEMENT INFORMATION SERVICES MEMORANDUM October 5, 2000 TO: Alan Christensen, Assistant City Manager FROM: Bob Trammell, M.I.S. Director~.~,~/,,/ SUBJECT: Constituent Tracking System Status The Management Information Services (MIS) Division has been evaluating software to implement this system for the last several months. We believe we have now found a software package which will allow us to have a first class system while staying within the budgeted amount approved by council. We have recently installed the software on several systems in MIS and have presented the vendor with one last test to show that the product will work in our environment. Staff feels that the testing should be completed sometime next week. Once testing is complete, we feel we will have the first phase of the system ready to deploy by November 10, 2000. In it's first phase, the system will allow the public and city staff to enter requests into the system through any internet capable system by accessing the City's web page. Requests will be transferred to the appropriate department in the City and all requests will be tracked through to completion. Our plan is to also .have the ability to create reports showing the status of requests and make these available on line, as well as to allow ad hoc query's into the system for council and City staff. P:',.DOCUMEN'ISAlan Christensen\Constituent Tracking System Status.wpd MEMOR'ANDUM OCT - 3 2000 28, 2000 TO: ALAN TANDY, CITY MANAGER FROM; ,~TSTANLEY C. GRADY, PLANNING DIRECTOR RE: CITY CENTER PROJECT - ENVIRONMENTAL DOCUMENT We have completed the first phase of the environmental review process for the City Center project. The notice of preparation is a 30 day review period (August 25 - September 25) in which the general public and public agencies identify those issues to be addressed in the environmental impact report. There were no surprises, no new issues beyond those originally identified by staff were discovered as needing individual study. The only peculiar item of note of the approximately thirty calls/visits to the office, it would appear there is overwhelming support for this proposal. No one, even those within the project area voiced opposition. No further environmental work is possible. The contract with Michael Brandman and Associates contained language that the firm was not to commence drafting the environmental document prior to the developer depositing money to cover the work. SCG:pah cc: Janice Scanlan, Deputy City Attorney II Alan Christensen, Assistant City Manager Jack Hardisty, Development Services Director Carl Hernandez, Deputy City Attorney II Bart Thiltgen, City Attorney S:\CityCenter~"nemo.wpd DRAFT Mixed-.Use Development.Revenue Study I~11 llleaaa · '-a I I [--.I I ~l I I I I I II-'ri/ ~o~ .... ..., .................. ~ Center City of Bakersfield GRC Associates, Inc. July 2000 TABLE OF CONTENTS Page I. EXECUTIVE SUMMARY I II. BACKGROUND REVIEW AND PROJECT DEFINITION 4 Baseball Stadium Scope 5 Baseball Operations 5 Demographics 6 New Stadiums 8 Lancaster Stadium 8 San Bemardino Stadium 9 Rancho Cucamonga Stadium 11 Lake Elsinore Stadium 13 Bakersfield Proposed Stadium 15 Stadium Impact on Downtown Community 15 Bakersfield City Center 16 Senior Housing 17 III. DIRECT FISCAL IMPACTS 18 Stadium 18 Entertainment Center 18 Senior Housing 19 IV. INDIRECT FISCAL IMPACTS 20 Stadium 20 Entertainment Center 20 Senior Housing 22 V. EVALUATION OF PROJECT IMPACT ON DOWNTOWN BAKERSFIELD 23 Elimination of Blight 23 Opportunities to Expand Development Area 23 Impact on Property Value in Vicinity 24 Spin-Off Impacts of Proposed Development 24 Impact on Downtown Attracting Other Entertainment Facilities 25 Summary of StadiUm Development in Other Communities 26 LIST OF TABLES Table 1 - Proposed Development Concept Table 2 - 1999 Attendance - California League Table 3 - 1999 Population Table 4 - 1999 Median Household Income Table 5 - Bakersfield Population Profile Table 6 - Stadium Revenues Table 7 - Entertainment Components Table 8 - Stadium Fiscal Revenues Table 9 - Entertainment Fiscal Revenues Table -10 - Senior Housing Fiscal Revenues Table 11 - Stadium Indirect Fiscal Revenues Table 12 - Entertainment Components - Employees, Wages, Tax-Revenues Table 13 - Indirect Entertainment Fiscal Revenues Table 14,- Indirect Senior .Housing Impacts LIST OF FIGURES Figure 1 Proposed Bakersfield City Center Figure 2 Lancaster Municipal Stadium Figure 3, 4 Adjacent Land Uses - Lancaster Stadium Figure 5 San Bernardino Stadium Figure 6-8 Adjacent Land Uses - San Bernardino Stadium Figure 9 Rancho Cucamonga Stadium Figures 10, 11 Adjacent Land Uses - Rancho Cucamonga Stadium Figure 12 Lake Elsinore Stadium Figures 13, 14 Adjacent Land Uses - Lake Elsinore Stadium DRAFT I. EXECUTIVE SUMMARY ~-~ The proposed Bakersfield City Center development planned for"tDowntowrl~ill consist of a 5,000 seat minor league baseball park, 225 units of senior citizen housing, a community recreational facility (ice rink/basketball/volleyball fitness center) entertainment, restaurant and other retail spaces 'totaling approximately 207,500~t square feet. The project will encompass approximately~38.7 acres just south of the Con¥~n. tion Center and Sports Arena. The purpose of this study\is to assess project revenues and~t is not intended to be a cost benefit analysis. It is expeclied that the proposed project will ha~e the following impacts: Elimination of Blight\ ~ The proposed project will be'instrumental in reducing blight in an area that has not had any significant dexelopme, nt in, several decades_., The location where the proposed project is planned is .............. '-,,~ __n .......................... ~, ..... ~%'c-as--xn-~~. The Stadium and Entertainment Center complex are expected to provide the community with unique uses that will. draw residen[!s~ir~f ~ekm~_~,,~ t~er parts of the community ........ and the greater region. The project will be larg.e enoug'h (38.7 ~Z. res)to make a poslt.~ve impact.. Thes~ad?.~.uona.~_,.~~so,~an serve as a aestination point that will support anct attract other uses to tneVDowntown.~m~,, Entertainment uses generate activity throughout the day and are particularly strong on evenings. Completion of the s.u_bje~ dev¢loIlme, t!_t~will ioducq qther~s, to invest in the area, ... ., ....... ..I~ ~'v. wmcn Wilt reouce vllgllt m'~¥ More joos, gooos aha services aha omer types or businesses are expected to be generated in the newly revitalized ~ area. Opportunities to Expand Development Area The proposed project will be located along, . Cali~f,.,o~i.a corridors in Bakersfield. Thep pro oseo P'.lro ect ~ Subsequently, it is4~pe~ tahat the proposed development project will be a catalyst for other development in ~fi. With the anchors and other key businesses in place, additional development will be easier to be generated, and[here will be good opportunities to expand the development area. ff:n.~ Project Impact on Downtown Attracting Other Entertainment Facilities The proposed Stadium and Entertainment project is expected to have positive impacts and attract other entertainment facilities. The Convention Center, Sports Arena and recently built Amtrak station are located just north of the proposed development. Because of the proximity of the proposed project to these developments it is readily apparent' that there will be synergistic economic activity effects. A full range of entertainment activities will be made available to residents of Bakersfield and other nearby cities. The proposed project will enablegDowntown to better compete with other new developments occurring in outlying areas.-\ ~ ~o,~,~x~& &~:~ Mixed. Use Development Revenue Study Page I GRC Associates, Inc. DRAFT Other Minor League Stadium Development Impact A',~"}. ~ o-x~ , ~ Other cities have had 'mixed results in their efforts to use stadium development to revitalize sections of their cities. Out of the four cities that had built new stadiums recently, one had induced significant development. However, these other cities developed their minor league stadiums with other goals in mind, such as developing a community amenity to enhance quality of life of their residents, expanding the range of entertainment facilities, and providing a stronger community identity. Direct and Indirect Revenue Impacts The proposed stadium, entertainment and senior housing components are expected to have significant fiscal impacts. Listed below are summaries of direct, indirect and one-time effects of the proposed development. ,:~ .O~-.r~,-,. ~ _ ~,~ ~ ~,.~ Direct Annual Fiscal Revenue Impacts ~~Scenarios~'"'~ High Mid Low Bakersfield Stadium (rent & parking) $521,000 $354,000 $234,500 Entertainment Component: Sales and Property Taxes* $583,200 $509,000 $428,800 Senior Housing: Property Taxes* $160,000 $140,000 $ 0 Total $1,264,200 $1,003,000 $663,300 * City receives approximately 22% of total property taxes. ne Time Building Permit Fees: ~ agr~ \ · Bakersfield Stadium (No fees anticipated, because City will own ,~ooX~q-- / project.) · ' · Entertainment Component(Approximately $2.00 psf) c~-~ $415,000 $1,125,000 · Senior Housing Permit Fees (Approximately $5,000 per unit) . ~x~otal $1,540,000 Mixed-Use Development Revenue Study Page 2 GRC Associates, Inc. DRAFT Indirect Fiscal Revenue: High Mid Low Annual City Revenues Stadium Activities $32,000 $18,000 $9,000 Entertainment Component: Additional Convention Convention Activity $113,000 $85,000 $56,000 Indirect Employment $22,000 $18,000 $15,000 Senior Housing Occupant Income Related $11,000 $9,000 $7,000 Contract Services $2,500 $2,100 $1,500 State Motor Vehicle Tax $17,000 $14,000 $11,000 Utility Franchise Tax $3,500 $3,000 $2,500 Total '$201,000 $149,100 $102,000 One Time Indirect .Impacts Stadium Construction Related City Revenue $34,000 $27,500 $20,000 Entertainment Component Construction Related $55,000 $46,000 $37,000 Senior Housing Construction Related $40,000 $33,00~... $25,000 Total One-Time Fees $129,000 $106,500 $82,000 Mixed-Use Development Revenue Study Page 3 GRC Associates, Inc. DRAFT II. BACKGROUND REVIEW AND PROJECT DEFINITION GRC Associates, Inc. prepared an analysis of the fiscal revenue impacts' of a proposed kelopment to be located just south of the convention center and sports arena ersfield. The purpose of the study was not to address costs or market aSlOmty issues, but to identify direct and indirect revenues to the City of Bakersfield. The proposed development is expected to consist of private (entertainment related retail, restaurants, recreational facility and senior housing units) and public (stadium) development components. The projects are reliant upon each other and the developer has indicated that each component is required for the development of any other component. Currently, the proposed project is loqat~.d_~n an area that primarily consists of dilapida~;t..aad zbandov~d indu;tfi2! propertie~X,~v~r'}~)u'~s obsolete buildings, a few occupied church properties, a non-profit facility for children, a f ~a--the-.ao~q:a,ves~urner of Call,%mia mid Utfiun AYe,mc. ~~e,,k Lo~i ¢,~.~.'~,, The proposed development - Bakersfield City Center - consists of a minor league baseball park, entertainment center, senior citizen housing, basketball/volleyball/ice rink fitness center, restaurant and other retail spaces. The concept is in its preliminary stages and may change in the future. A summary of the proposed ~ development is listed below (Table 1), and is also shown in Figure 1. Table 1 Proposed Development Concept Component Size: (Seats/Sq;.Ft. AJnits) Stadium (.5,000 seats/16_suites and 3.~210tYbe~picnic spaces) Senior Citizen Low-Income Housing . 5 enits~'~' . ~"~ ¢¢~' ~'~ -.alc)~nk/Basketball/Volleyball Ctr. ~,~ sq. ft. /~Movie Theatres 65,000 sq. ft. (3,200 seats, 16 screens) ,Sports Caf~ qt4,o:~o .~,t2,000 sq. ft.- -0~,,{ ?* ;~, t ,~ ~.~-~' Video Fun Zone ' L1.0,000 sq. ft.- Town Center - Retail Space 18,000 sq. ft. (Five or Six retail facilities) California Ave. Restaurants 19,500 scI. ft. (Three 6,~00 scL. ft. restaurants) Total ~Nk~t ;,~,q,,a;,,,., g.~:..~ a'..d alts) sq. ft. Source: Olmsheid Development & Paul Crawford, July 2000 Mixed-Use Development Revenue Study Page 4 GRC Associates, Inc. DRAFT Baseball Stadium Scope The proposed baseball stadium is planned to be built just south of the conventio~ Centennial Garden ~arena, near the intersection of California ~a~.' S Street :~ ~wntown Bakersfield. The stadium would have 5,000 permanent seats w~t~ 16 club suites. Additional berm seating, whmh may. accommodate approx~mately.2~ people, ~s also planned mback of the right and left field foul areas. Other uses for the stadium and parking lot may also be possible~For example, Rancho Cucamonga uses sections of its parking lot for street hockey Baseball Operations · The baseball season of the Bakersfield Blaze consists of 140 total.~am~es, with half played the h~sea, s.on runs from..A ril until September...,Other, non-baseball related ~.~ e stadium includes concert~,.., graduations, car~r sales/shows,_..../sales/shows, The key aspect of determining success of the stadium is attendance. During the 1999 baseball season, the California League had average attendance of 2,428 people per game. Out of the 15 leagues reviewed, California ranked 11th in attendance. Bakersfield has had relatively low attendance in the past, ranking 39th Out of 60 single "A" league level teams in 1999. Bakersfield averaged 1,539 people per game last year. On opening day this year, attendance was well below last year's average. The record for attendance at their games was 156,233 (2,232 average) during the 1992 season. However, most teams that have recently moved into new stadiums have had better attendance figures. For example, Rancho Cucamonga and Lake Elsinore averaged over 4,000 people per game last year and Lancaster exceeded 3,000. The following table lists attendance figures of California League teams for the 1999 season. Table 2 1999 Attendance California League Average Year Northern Division Attendance/(Rank) Total (Dates) San Jose Giants 2,251 (22) 157,598 (70) Modesto A's 1,967 (29) 133,757 (68) Bakersfield Blaze 1,539 (39) Stockton Ports (Mudville Nine) 1,084 (46) Visalia Oaks 978 (51) ~ (o~t~ Mixed. Use Development Revenue Study Page 5 GRC Associates, Inc. DRAFT Southem Division Rancho Cucamonga Quakes* 4,662 (5) 321,682 (69) Lake Elsinore Storm* 4,036 (8) 282,533 (70) Lancaster Jethawks* 3,166 (12) 218,479 (69) San Bernardino Stampede*, ** 2,427 (18) 167,437 (69) High Desert Mavericks*' 2,097 (26) * New Stadium \ ** California League champions - 1999 Source: niinorleaguebaseball.com, April 2000 So 'far this year the ten teams in the California league have averaged 2,120. Rancho Cucamonga (4,185), Lake Elsinore (3,566), Lancaster (2,473) and San Bemardino (1,926) have had the largest attendance, thus far. The High Desert Mavericks, a team also playing in a neW' stadium, located in Adelanto (population 10, 402 in San Bemardino County) has been averaging 1,768. Bakersfield has averaged 1,207 - ninth in the ten-team league. Demographics Since there was such a gap between attendance at new stadiums in the Southern Division when compared to older ones in the Northern Division, further research was completed of new stadiums. Population and income figures for Bakersfield, using the proposed stadium location at California and "S" Street, and other cities with new stadiums are listed below. Table 3 1999 Population 1-Mile 5-Miles 10-Miles Bakersfield 16,352 277,674 370,873 Lancaster 81 11,977 125,054 San Bernardino 9,937 305,976 726,269 Rancho Cucamonga 1,691 175,862 704,619 Lake Elsinore :2,595 74,024 168,905 Source: UDS, GRC Associates, Inc. Table 4 1999 Median Household Income 1 Mile 5 Miles 10 Miles Bakersfield $18,378 $29,984 $33,257 Lancaster $41,000 $49,194 $49,334 San Bernardino $14,217 $28,457 $33,950 Rancho Cucamonga $46,056 $47,849 $43,949 Lake Elsinore $26,011 $40,888 $37,775 Source: UDS, GRC Associates, Inc. Mixed-Use Development Revenue Study Page 6 GRC Associates, Inc. DRAFT Population ia-.~mmt~grew at an annual rate of approximately 2%, and is expected to grow at 1.3% during the next five years. Listed below are 'other key demographic figures. Table 5 Bakersfield Population Profile 1-Mile 3-Mile Metropolitan Kern Radius Radius Bakersfield County California Population 1990 13,800 118,900 331,100 543,500 29,760,000 1998 16,200 127,600 386,400 639,800 32,528,100 2003 17,300 132,000 405,700 680,400 34,382,800 Annual Growth Rate 2.0% 0.9% 2.0% 2.1% 1.1% (1990-98) Annual Growth Rate 1.3% 0.7% 1.0% 1.3% 1.1 % (1998-2003) Households (1998) Total Households 5,110 42,650 128,500 209,000 11,323,400 Household Size 2.89 2.91 '2.92 2.94 2.81 Ethnicity/Race White 36.3% 50.5% 65.9% 63.9% 64.8% Black 24.9% 12.2% 6.7% 5.8% 6.9% Asian 5.6% 2.2% 2.8% 3.5% 11.5% Other 33.3% 35.1% 24.7% 26.8% 16.0% Total 100.0% 100.0% 100.0% _ 100.0% 100.0% Hispanic (all races) 44.2% 47.4% 33.8°/a~__~ 35.5% 31.5% Age ~ Median Age 30.4 30.1 31.6 31.7 34.1 0-17 31.9% 33.6% 31.5% 30.7% 26.6% 18-34 26.5% 24.3% 23.5% 24.3% 24.7% 35-64 30.3% 30.7% 34.9% 34.4%. 37.2% 65 and over 11.2% 11.4% 10.1% 10.5% 11.3% Income Per Capita Income $10,284 $11,191 $15,881 $15,065 $21,102 Median HH Income $20,370 $22,726 $33,476 $32,527 $45,198 Source: National Decision Systems and GRC Associates, Inc. Mixed-Use Development Revenue Study Page 7 GRC Associates, Inc. DRAFT New Stadiums In order to better assess Bakersfield's proposed baseball stadium complex, site visits and interviews with city officials, team representatives and management firms overseeing the baseball stadiums were also completed. Site visits were made to Rancho Cucamonga, Lancaster, Lake Elsinore and San Bernardino. Lancaster Stadium Lancaster Municipal Stadium, "The Hangar", is located just off the 14 Freeway on 2400 West Avenue 'Tk (Please see Figure 2.) Lancaster utilized the stadium to be a catalyst for other entertainment related development in this part of the city, which caused the business district to be extended further north. Figures 3 and 4 show land uses adjacent to the stadium. The stadium was built on the outskirts of one of the city's commercial areas, near the 14 Freeway. The Redevelopment Agency targeted the stadium area as an "Entertainment District". So far, they have attracted a 22-screen movie theatre and a Wayne Gretzky hockey center. There are various pads available for restaurants. Their power center, near the stadium, is anchored by Wal-Mart and COSTCO. Also, their factory outlet mall is nearby. The City owns 60 to 80 acres surrounding the stadium, and is planning further development. In summary, the stadium was instrumental in attracting other development. Other stadium information is listed below. Stadium Dimensions: LF, 350, CF 410 and RF 350 Seating Capacity: 4,500 fixed seats, plus 1,500 on grass area Year Built: 1996 Ticket Prices: $3.00 to $7.00 Suite Season: 12 (12-23 seats), Cost for season - $8,000 Suite Per Game: $500 Parking: $2.00 Stadium Owner: City of Lancaster Stadium Cost: $ }4,300,000 City Revenues from Stadium: · 'Non-Profits - They pay $800 + 10% of gate, if it is a ticketed event, or $1,100 for non-ticketed event. · For-Profits pay double non-profits fees. City Revenues from Parking · Non-Profits - They pay $222 for one lot, or $400 for Lot (The lot gets a lot of both lots. attention): · For-Profits - They pay $400 for one lot, or $$675 for both lots. Mixed-Use Development Revenue Study Page 8 GRC Associates, Inc. DRAFT Other Fees: · Cleaning/Security $500 to $2,500 · Lights - If they use' lights the cost is increased by $200 per hour. Team Rent: The team will pay $200,000 per season (75 dates over 6 months) or $1.00 per ticket -~ whichever is greater. During the first two years the team was paying $300,000 per season. The city estimated that attendance would level off after the first two years. The team also pays the City $153,000 a year to maintain the stadium. The total revenue to the City - $353,000 - helps cover some of their debt service. Regarding concessions, the team keeps all concessions and advertising revenue during the season. During the off-season, the City keeps all of the revenues from concessions, advertising, and ' rents. Possessory Taxes: · Los Angeles County Tax Assessor estimated that $10,718 in possessory taxes would be due this year. Other Uses of Stadium · Commercials/Filming (4 or 5 per year) (Approximately 10 events · Used Car Sale per year): · Revival Concerts-Church (2 or 3 per year) · Graduations (3 or 4 per year) San Bernardino Stadium San Bemardino Stadium, "The Ranch", is located approximately a half mile from the 215 Freeway on 280 South "E" Street. (Please see Figure 5.) Out of .the four new stadiums visited, this was the only one located in a mixed-use, central city location. Figures 6-8 show the various types of properties adjacent to the stadium. Industrial properties, vacant land and some residential properties are to the west of the stadium along "G" Street. Commercial uses are located alOng "E" Street. Although the stadium is quite impressive, it did not spur other development nearby. Other stadium related characteristics are listed below. Stadium Dimensions: LF 330, CF 410 and RF 330 Seating Capacity: 5,000 Year Built: 1996 Ticket Prices: $4.00 to $7.00 Mixed-Use Development Revenue Study Page 9 GRC Associates, Inc. DRAFT Suites: 12 (15 seats inside plus 15 seats outside), Cost for Season - $8,000 to $12,000 Suites Per Game: $350 to 600 (if food is included) Parking: $2.00 Stadium Cost: $16.5 Million Stadium Owner: City of San Bemardino Stadium Marketing Big Red Apple ($50,000 contract per year with city.) Management Company: City Revenues From Stadium: ' Team pays a flat fee for 70 home games during April to September 'season. During that time, the team keeps all concessions and advertising revenue. (The City pays for operations and landscaping.) · Non-Profit Rentals: $2,500 · For-Profit Rentals: $3,500 · Parking Lot Rental Rate: Rates vary Possessory Taxes: · Approximately $13,500 was paid in taxes by the team this year. Other Uses of Stadium · Used Car Sales (Approximately 30 to 40 per · Car Shows year): · Concerts · Church Events · Graduations · Boxing Shows Stadium Design Issues: According to Bob Lewis, Stadium Marketing Manager, the stadium was designed just for baseball, which causes problems when trying to accommodate other events. For example, other types of uses, such as concerts, have different power requirements. There is a lack of dressing rooms and other amenities that are needed by non-baseball renters. If the stadium were designed with multi-purpose features, it would have rented better and at higher rates. Mixed. Use Development Revenue Study Page 10 GRC Associates, Inc. DRAFT Rancho .Cucamonga Stadium Rancho Cucamonga Stadium, "The Epicenter", is located just west of the 15 Freeway at 8408 Rochester Avenue. (Please see Figure 9.) The stadium is located in an earthquake zone with several quakes occurring during games - reason for the name. However, the team has been one of the leaders in attendance during the past couple years. Adjacent land uses include commercial on the north, vacant land on the east and west, with a public sports park on the south. These properties are shown on Figures 10 and 11. The stadium was built as part of a larger sports complex in a park-like setting. There has been other development occurring near the stadium. Phase 1I of an auto service related shopping center is currently under construction. Other information about the stadium is .listed below. Stadium Dimensions: LF 330, CF 400, and RF 330 Seating Capacity: 6,631 Year Built: ~ 1993 Ticket Prices: $5.00 to $8.00 Suites: 13 (8 seats), Cost for Season - $8,000 Suites Per Game: $200 to $500(owner's double suite, if available) Parking: $3.00 Stadium Owner: City of Rancho Cucamonga 42-Acre Stadium Complex: · Epicenter (9 Acres) · 3 Adult Softball Fields · 2 Adult Soccer Fields · Little League Field · Dog Pound (Managed by County) · Maintenance yard · Covered Pavilion · Open Air Plaza City Revenues from Quake · Base Rent Activities: · Additional rent, based on attendance · Office rent (The Quakes rent office space from City on Stadium complex. They recently signed a 10- year lease.) · City and team split ticket/concession sales PossessoryTaxes: The tax assessor's offices provided information that the team had paid approximately $5,500 in taxes last year. Mixed-Use Development Revenue Study Page I1 GRC Associates, Inc. DRAFT City Marketing Effort: They just hired a marketing person to rent Stadium, per City Council's recommendation. Other Uses of Stadium The facility is used primarily for Quakes baseball between (Approximately 20 to 30 per April and September. On non-game days and off-season year): months the facility is available for rent. By far, the biggest moneymaker to the city is the filming of commercials. There is also a lot of interest in just renting the parking lot. During the reporting period of July 1, 1998 through June 30, 1999, the following rental activities took place at the ~' ~.v~q-&~ ~ ~ Rancho Cucamonga Epicenter: i A&R/.G~t]p I Nike commercial' ' i '. .... S tadiu~"~ July 7, 1998 I ' ' .~~//B a Hollywood Celebrity seball Club Special Baseball Stadium~ 22, 1998 Game Noda Films Baseball Uniform Stadium 9'X& 10, 1998 September Photo Shoot /} RC Professional CelebritYGameSOftball 99~ Firefighters Stadium October 4, 1 i Association ................. Community Services Vietnam Memorial Stadium and -~- I .Foreign Wars Moving Wall Complex Dept/Veterans of October 23-29, 19 i Stadium and i Vons Corporate Filming Complex November 5, 1998 i' Complex November 14, 1998 Community Services Founders Day , ! .Department Celebration j ~Commercials While U Agrafrost German ! Wait Frozen Food Stadium December 9 & 10, Commercial i C°Xl~xmumty Servmes Children's Spring [ Department Concert Stadium April 3, / I Calvary C~I Chino Easter Sunrise Stadium · A~ril4 1999 { Hills '"x,.,, Services~ ' ~ ~ April 16& 17, 1999 i CASTO "S'el'~::&B~Roadeo -'--P-~-king I - Lot Mixed, Use Development Revenue Study Page 12 GRC Associates, Inc. DRAFT Duo Films Korean Computer Stadium April 20 & 21, 1999 Commercial mn'side Community Soapbox 'D~by an~ ..... Complex May 30 & 3 i, 1999 Church Community Fair ...... Inland Valley Daily All StarsHigh Schg'0i Stadium June 8 & 9, 1999 Bulletin Baseball Game Rancho Cucamonga High School Graduation Ceremony Stadium June 17, 1999 Mixed. Use Development Revenue Study Page 13 GRC Associates, Inc. DRAFT Lake Elsinore Stadium Lake Elsinore Stadium, the "Diamond", is located approximately 1/2 mile south of the 15 Freeway at 500 Diamond Drive. (Please see Figure 12.) This stadium has been consistently ranked as one of the most attractive ballparks in the league. The lake is located nearby and the stadium affords a nice view of the hills. The stadium was originally planned to be part of a larger entertainment complex. However, no other development has occurred since the stadium was built in 1994. (Please see Figures 13 and 14.) Sections of land were graded near the stadium, but it did not have a positive effect. A few projects have been proposed, but the school district and in some instances, the Army Corps of Engineers have opposed these projects. Listed below are other stadium related facts. Stadium Dimensions: LF 330; CF 400 and RF 310 Baseball Seating Capacity: 6,061 permanent seats, with 1,500 berm seating Other Event Seating Capacity 15,000 (With seats in outfield): Year Built: 1994 Ticket Prices: $4.00 - $7.00 Suites: 12 (8 seats), Cost for Season - $8,000 Suites Per Game: $200 to $250 Parking: $3.00 Stadium Owner: City of Lake Elsinore Stadium Manager: City leased the stadium and restaurant a few years ago to TMC Communities/Lakeside Sports Enterprises for a period of 40 years. TMC is a land developer based in Orange County and this is their only stadium management project. Regarding the key lease term, TMC would cover all of the stadium's operating expenses. In exchange, TMC would receive all stadium revenues. TMC is planning on building 9,000 houses and golf course near stadium. City Revenues from Stadium: There is an agreement between the City and TMC that would cover the stadium's operating .costs and restaurant debt, approximately $750,000. The City saves approximately $500,000 in operating costs per year. The City receives $75,000 per year from TMC, which is deposited into a capital reserve account. The City puts that money back into the stadium each year. In 1997, prior to the TMC lease, the team Used to pay the Mixed-Use Development Revenue Study Page 14 GRC Associates, Inc. DRAFT City $250,000 per season. Additional revenues were ob.tained from the stadium restaurant. During 1997-1998, revenues totaled $500,000, with operating expenses being $750,000. The City went from losing $250,000+ per year to breaking even. However, the city would not get any of the revenues if the stadium were to become profitable. Team Rent: The team pays $150,000 annually for using the stadium for approximately six months. In addition, concessions are split with TMC. This rent is lower than it was during the first few years because attendance went down. Other Revenues: · Stadium rental fees range from $3,000 to $5,000 per day. · Parking lot rental rates average $2,000 per day. Possessory Taxes: According to Riverside's Assessor's office, the team paid approximately $3,500 in taxes last year. Other Uses of Stadium · Commercials (Approximately 10 per year): · Concerts - Very expensive to set up. Last year they lost money on their concerts, even though some of their events were packed, such as the 4th of July/Righteous Brothers concert. · Wrestling · Soccer · Graduations, High School Baseball and Football Games (few) Other Issues: ' When the stadium _was~first built, it causedja big boost to the community's However, interest in the stadium has lessened. It is very important that i~X~eam be in contention in order to draw more fans- TMCa~~. attendance f~m ~ ~ according to Mixed-Use Development Revenue Study Page 15 GRC Associates, Inc. DRAFT Bakersfield Stadium Based on our research of other new stadiums in the California League, we estimate that a new stadium in Bakersfield would have the revenues listed in Table 6. The figures are representative of what minor league teams are paying cities for newer stadiums. Typically, minor league teams are not able to support all of a stadium's operating and financing costs. .m,~ ckcy and ~' ~ '' Blaze have nut yu[--~l~7ad lea~ n~,~t;o*;^-- for ,u ........ ~ Table 6 Stadium Revenues From Minor League Team ~/~~ecenarios~~',4 High Mid Low Baseball Events 80 75 75 Attendance/Game 4,000 3,000 2,000 Attendance/Year 320,000 225,000 150,000 Rent Paid to City* $300,000 $200,000 $150,000 Parking Paid to City ** $100,000 $75,000 $50,000 Total $400,000 . $275,000 $200,000 * 6 months rent, including concessions ** Assuming parking revenues during baseball games are split 50/50 between team and city. Source: GRC Associates, July 2000 Impact on Community o~a c.,~4r The proposed stadium impact on the community and surrounding ~ area, from a ~ municipal olannin~ oers~ective_woukt be ~ositive The Dro¢osed stadiurg is r>lanned .to..be _. -, ..... 7 ..... ...... at ,-,h;.Id,-ar~, facility for children and ".'~icus mostly ~,,~,m wRrehollC~'c N.2i!ding3, a -':'--t-,,,-, ............. . ..... ~--, /~ i}}dustria~t consists ofl~~imately 4a~he planned~fdi~, with'the~ additiOln of,file enterOginment~nter, and\senior Ja6using project is cu~ntly plagued to be ~ o te d. Other nearby uses that would be compatible with the stadium, entertainment complex and senior housing, include: Centennial G~den,- This ~ena has been veu successful. One of the tenants, the B~ersfield Condor hockey team, has been averaging over 4,600 people per gme. M~ed. Use Development Revenue Study Page 16 GRC Assoc~tes, Inc. DRAFT It was becoming common for the team to have in excess of 6,000 people at their games. A wide variety of other entertainment events occur at the arena, such as Cai State Bakersfield basketball games, arena football games, concerts, pre- season NBA games and others have routinely sold out the stadium. According to the Garden's management, the summer season is the slower period, and having other facilities, such as the ones 'currently planned, will have a very positive effect. Restaurant sales would be enhanced, and there would be great opportunities for other entertainment reiated retail. · Convention Center - There are synergistic possibilities between the proposed stadium and convention center. In addition, for convention attendees, having another entertainment option within a few minutes would be a conventions could also use the stadium (parking lot) and recreation"at~facility to set their events. · Amtrak Station - A new $2(t+ million, trgig_st0tion_l.o,~at¢~.a!~ut~00 yards from ~~ ~ ~ ,~ . . ~ ,~72mposed stadium, ~~, .................... L~h~us semce ~ ~ the station. This station is expected to have a veu positive effect on downtown businesses, such as hotels~ ~ t~. · Holiday Inn Select (259 Rooms) & Best Western (99 Rooms) - Within close proximity to the proposed stadium, there are various hotels/motels, including the Holiday Inn and Best Western. Management of both of these establishments expressed positive comments, regarding the development of the proposed stadium/entertainment/housing project. Approximately 40% of hotel occupants travel alone, and having e~te_rg, ain_ro_ent facilities nearby will make these hotels ig ~ more attracnve. C'~ore.people, and subsequently business is expected to be generated. Regarding sports teams using the stadium and arena, they would cause an increase in room occupancy, even though minor league teams typically pay prices well below average daily rates (ADR). The Bakersfield City Center Entertainment related development, such as a multi-purpose activity center, movie theatres, restaurants and entertainment related retail are planned at the subject site, in addition to the stadium and senior housing. Some of the options under consideration for development include a cyber station video game area, restaurants and other types of related retail uses. General project components are listed in Table 7. Mixed-Use Development Revenue Study Page 17 GRC Associates, Inc. DRAFT Table 7 Entertainment Components Component Size Ice Rink/Basketball/Volleyball Center 73,000 sq. ft. Movie Theatres 65,000 sq. ft. Sports Caf6 12,000 sq. ft. Video Fun Zone 10;000 sq. ft. Town Center - Retail Space 18,000 sq. ft. Califomia Ave. Restaurants ~9~3-sq44~ Senior Housing Retail Total Source: GRC Associates, July 2000 Senior Housing There are 225 senior citizen housing units planned south of the California Avenue/"N" Street intersection. This component is planned to be developed on the south side California Avenue, directly across the street from the recreation facility and theatre/complex/town center. Adjacent to.the complex will be an additional 10;000 square feet of retail space. Mixed-Use Development Revenue Study Page 18 GRC Associates, Inc. DRAFT III. DIRECT FISCAL IMPACTS Based on the. analysis of other new stadiums in California, the following fiscal revenue impacts are estimated for the proposed, stadium. Table 8 Stadium Fis~ Hi~g'h Mid Low Stadium Rent $300,000 $200,000 . $150,000 Parking Paid to City $100,000 $75,000 $50,000 Other Rentals $90,000 $60,000 $30,000 Sales Tax* $16,000 $9,000 $4,500 Possessory Tax** $15,000 $10,000. $0 Admissions Tax*** - - Total $521,000 $354,000 $234,500 * Spending on concessions at minor league stadiums ranges from approximately $3 to $5 per attendee. ** Kern County Assessor stated that if the team signs a lease with the city, they would owe possessory taxes. However, if an a~eement was made between a stadium manager and the city, such as the current agreement between Ogden and Bakersfield regarding the Arena, possessory taxes may not be due. *** Not applicable. Source: GRC Associates, July 2000 Entertainment Center Annual sales and property tax revenues for the Entertainment Center are listed estimated below. Table 9 Entertainment. FisC~ig~e~ow ~, Sales Tax: Comm. Rec. Facility $1,200 $1,000 $800 Sales Tax: Movie Theatre 40,000 33,000 26,000 Sales Tax: Sports Caf6 43,000 36,000 28,000 Sales Tax: Video Fun Zone 18,000 15,000 12,000 Sales Tax: Town C~nter Retail 65,000 54~000 43,000 Sales Tax: California Restaurants 105,000 90,000 70,000 Sales Tax: Senior Housing Retail 36,000 30,000 24,000 · Property Taxes* 275,000 250,000- $225,000 Total $583,200 $509,1300 $428,800 Mixed-Use Development Revenue Study Page 19 GRC Associates, Inc. DRAFT * Assuming Basketball/Volleyball Center is privately owned. City obtains approximately 22% of property tax revenues. ** ' eper I e to ct . Source: GRC Associates, July 2000 Senior Housing ~.~.<j,e:o:> ,¢~.Tck' , The approximately $14 million~225-unit' project, will provide Bakersfield with significant property tax revenues· ' ' ~dm¢ cc, n~-act'icn ~e--'w. St re;~nu~ ....... This · ' on previous work co~-n'iptz'ted-'r~Gtqt2 Assoc~ , w c ' ' .... ts · . ~ a sc . Table 10 Senior Housing Fiscal Revenues Scenarios High Mid Low Property Taxes 160,000* $140,000* $0'* g P e *** 125 *Assuming property is privately owned. fit property owner. Source: GRC Associates, July 2000 Mixed. Use Development Revenue Study Page 20 GRC Associates, Inc. DRAFT IV. INDIRECT FISCAL IMPACTS Baseball Stadium Secondary spending related to baseball stadiums is typically calculated using an economic multiplier. Other research studies of minor league baseball parks have used multipliers ranging from 1.5 to 3.0.~ In some instances, higher multipliers have been used. The US Department of Commerce suggests a multiplier effect of 2.0 is reasonable, and is in line with a review of stadium development literature. For the purpose of this analysis a multiplier effect of 2.0 used as the likely scenario, x::~.0,,~.. ~ ~ k~',~\~-c ~ Construction of 'the stadium would result in approximately 175 construction jobs with a weekly salary of $850 for a one-year period) In addition to the direct construction jobs the project would also have an additional 20% of the construction amount in engineering and other consultants directly supporting the stadium construction. Because of the large labor pool in Bakersfield it was estimated that 75% of the employees would be from Bakersfield. Table 11 Stadium Indirect Fiscal Revenue H i g~w Annual City Revenues ~Q,.,,.t. Stadium Activities $32,000 $18,000 $9,000 Construction Related ~5e-'~'''' City Revenue* $34,000 $27,500 $20,000 * One year impacts Source: GRC Associates, July 2000 Entertainment ~Center Secondary economic impacts of the entertainment center to the city were also calculated. The methodology used to calculate the secondary impacts of the entertainment center was based, in part, employment and on additional convention center activity . It is estimated that the Emtertailmlent Center would provide~0 new job~with an annual payroll of approximate¢$5.1 m~ Listed in Table 12 is a summary of employment by category. ~ Arthur T. Johnson, "Minor League Baseball and Local Economic Development", University of Illinois Press Urbana and Chicago, 1993 2 U.S. Bureau otr Labor Statistics, "2000 Average Weekly Earnings for California ", June 14, 2000 Mixed-Use Development Revenue Study Page 21 GRC Associates, Inc. DRAFT Table 12 Entertainment Components Employees, Wages, Tax Revenue City Tax Category Size Employees Waees Revenue*. Community Rec. Facility 73,000 30 $600,000 $2,000 ,.,.xO-~ Movie Theater 65,000 50 825,000 3,000 Sports Caf6 12,000 24 420,000 1,500 ~ VideoZone 10,000 20 350,000 1,250 t/ Towne Center Retail 18,000 36 630,000 2,250 ~ California Ave. Restaurants 19,500 1 I0 2,000,000 7,000 \ Senior Housing Retail 10,000 20 350.000 1,250 Total 207,500 290 $5,175,000 $18,250 * Approximately 35% of Bakersfield residents' income is spent on-taxable retail items, according to the State Board of Equalization. The City receives 1% of taxable sales. Source: GRC Associates, July 2000 Approximately 47 conventions are planned forthe next year. According to the Convention and Visitors Bureau these conventions will provide Bakersfield with. $30 million in additional economic activity. This economic activity consists of hotel expenditures, meals, transportation, entertainment and miscellaneous expenses.. If the stadium and entertainment center were built it is estimated that 12 additional conventions would be attracted to the city, according to the Convention and Visitors Bureau. Assuming historical spending patterns of Bakersfield conventioneers, these additional conventions would result in approximately $85,000 in total revenue to the City per year, consisting of $63,000 in transient occupancy taxes (12%), and $22,000 in sales tax revenues (1% of total taxable sales). It is estimated that development of the-entertainment center would provide Bakersfield with indirect revenues listed in Table 13. Mixed-Use Development Revenue Study. Page 22 GRC Associates, Inc. DRAFT Table 13 Indirect Entertainm~ High Mid Low Additional Convention Convention Activity* $113,000 $85,000 $56~000 Indirect Employment $22,000 $18,000 $15,000 Construction Related** $55,000 $46,000 $37,000 * These figures are based on conservative room rates * One year only impact Source: GRC Associates, July 2000 Senior Housing Indirect fiscal impacts of the 225-u, nit senior housing component consist of occupant income and contract service items. It is estimated that resident incomes will be at 40% of Kern County median household income. It was assumed that half of the units would be occupied by one person, and the other half by a couple.. Using the California Tax Credit Allocation Committee's income guidelines, the total income of residents of this complex would be approximately $2.5 million. Since the percentage of income spent on taxable retail items is 35%, with the City receiving 1% of the total taxable sales, it is estimated that occupant income would indirectly contribute $9,000 per year? The center would also have various contract services for items such as maintenance. Based on $3,000 average yearly operating costs per unit, with 60% of these costs being administrative and maintenance related, it was estimated that these expenses would contribute just $2,100 per year to the City for the whole complex. Based on the proposed city budget for 2000-01, estimates were developed for indirect revenues based on State motor vehicle and franchise taxes due to the increased number of people living at the senior housing complex. A summary of the indirect expenses is listed below. ~'It was assumed the l%rmer units of the new complex residents would be occupied. Mixed-Use .Development Revenue Study Page 23 GRC Associates, Inc. DRAFT Table 14 Indirect Senior Housing Impacts Occupant Income $11,000 $9,000 $7,000 Contract Services ' $2,500 $2,100 $1,500 Construction Related* $40,000 $33,000 $25,000 State Motor Vehicle Tax $17,000 $14,000 $11,000 Utility Franchise Tax $3,500 $3,000 $2,500 * One year only impact Source: GRC Associates, July 2000 Mixed-Use Development Revenue Study Page 24 GRC Associates, Inc. DRAFT V. EVALUATION OF PROJECT IMPACTS ON Elimination of Blight The proposed project will be instrumental in reducing blight in an area that has not had any sigrdficant development jn..many~ years. The location where the proposed project is planned :~ ..~xa~:~~,X~,~-"., ~'~;,~ ..... o,.~., :- ,~, .... ~-,~, q-h,~ only noteworthy t~ ,,,,~a-om,.,,,.,sa--~,,~ 4a~.--t4~ mOSt r)tlgnt~l---~.s development that has taken place near the subject area is just north of the ~re_nherr.. Sa.':tz~e railroad tracks. These projects have been led by the city. At one time, downtown Bakersfield was the focus of the city, which contained retail, entertainment and other uses. As the city grew significantly the downtown facilities were no longer competitive and more modem development occurred elsewhere, specifically near the new freeways. Obsolete buildings, high vacancy rates, lack of good access., and very little new housing construction contributed to the area not attracting development. Various areas near downto~,no,b~ecame very. blighted. During recent years, Bakersfield has been improving downtown through extensive public and private facilities and infrastructure. Some projects have included the "Q" Street underpass, "S" Street Amtrak Station, Centennial Garden, Convention Center, and Holiday Inn Select projects. These p._roj_~ct~ have helped reduce blight, and it is expected that the proposed development will.~-i~n~p~ove ~.'-g~ ~.,~...~ o_,r~_~ ~,.dr ~,,ad,,~..-l~ ~,a~bx The Stadium and Entertainment Center complex is expected to provide the community with unique uses that will draw residents from other pangs of the community. The project will be large enough to make a positive impact. These additional facilities can serve as a destination point that will support other uses. Entertainment uses generate activity throughout the day and is particularly strong on evenings. Instead of just watching a movie, entertainment anchored centers are designed to encourage other activities, such as dining, b.r.m~ng, and participating in interactive activities. 's'~?k~'qr Summing up, completion of the su~bj~t dev,c..ltglLm, arg will induce others to invest in the area, which will reduce blight in downtown.- wrote joos, goods and services and other types of businesses are expected to be generated in the newly revitalized ~ area. Opportunities to Expand Development Area .~ . ,c __ lit is e;pected that the ;>roposed develooment r>roiect will be a catalyst for other development -- -~n"downtown. Development of the stadium, and other entertainment related uses would probably be the most difficult. With the anchors and other key businesses in place, additional development will be easier to be generated. Initially, major retailers are hesitant to locate in areas that have blight problems coupled with modest incomes. However, these types of retailers, such as Borders Books and Music, Linen N Things, and Dave and Busters would be attracted to areas with heavy pedestrian traffic because of the lessened development Mixed. Use Development Revenue Study Page 25 GRC Associates, Inc. DRAFT risk. Also, other types of projects, such as sporting goods, restaurants and public projects such as museums would more likely be interested in the subject area. Already, there has been interest ext>ressed in the ~nhie.~Ct area fo.r develot~ment of retail_ hotel ~nd another sn~Qorts ...t-,'a~~ve~, in ~for c~ev~ent of. fl. he-s~bject ~axi~2-'E~k.D ~,...c.~ef~tion needs to Impact on Property Value in Vicinity The proposed stadium and elltertainroent project is expected to have a significant impact on property values within the ~'¥area, particularly south of the railroad tracks. Although future property sales cannot be objectively determined, commercial property values are generally based on their ability to generate revenue. Redevelopment experience throughout California has indicated that when. new development and higher rents associated with new development are introduced into areas that have not attracted significant new investment over several decades, property values will increase as fair market retail rates increase. With respect to the area in the vicinity of the proposed development project, the area has experienced a very modest level of private investment over the last 25 years. Consequently, the area can be characterized as underutilized and containing a high percentage of buildings that are suffering from obsolescence, significant vacancies and deteriorated structures. The area also has a number of incompatible uses with residential, industrial and commercial uses found throughout. The proposed development will link the first-class public facilities north of the railroad tracks with the area south of the tracks, expand the number and type of events and venues in ~4of~, increase number of x, isitors to the downtown and provide modem space which will be leased at higher rent rates. 1~ ~kontribute t....o .increased property values~.. ]'~urrentl~, property value~e1 ff~low. The_.~ of Bakersfield acquired 17 parcels/Ve363,000 total s~ feet)in D~wn be u/~._ _as p~k. in.~?, f. or t.he Conventio..~nter an_d the.~Amtrak Sta/I/o~. The parce_ls /.e~st $23~ which a~,era~'al, 87.96 per sq. ft. for \ w arehou.,~e"and $4.37 per sq. ft. ferf vacant land. Spin-Off Impacts of Proposed Development Various positive spin-off developments are possible, if the Entertainment Center and stadium were to be built. Real estate experts in Bakersfield mentioned that the following related projects would be successful near the Stadium and Entertainment Complex center: Office Space: Various attorneys, insurance companies and medical office uses have expressed .interest in the subject area, if the proposed development project is built. Currently, attorneys are the main type of office tenants that prefer to be located in downtown. The courthouse and other government agencies are located in downtown. Most other office space Mixed-Use Development Revenue Study Page 26 GRC Associates, Inc. DRAFT users are fl~e, in terms of deciding, where to locate. For example, intemet companies want to be~n the Eastrid:; because of the proximity to preferred housin~;o~reas. If the proposed Stadium and Entertainment complex were built, it would make ~~more attractive location for various non-legal finns. They would have more arnenitie_s, s,uch as restaurants and shops that would make it attractive for them to locate ~. ~t~me the types of office users that have expressed interest in the subject development include medical and other office tenants that work well in high traffic pedestrian locations. Design issues that would integrate office space with surrounding entertainment uses would be strongly recommended. Retail Space: Various service-oriented retailers have expressed an interest in locating in the proposed development area. It should be noted that Bakersfield could support additional retail space, according to commercial real estate experts in Bakersfield.' Fresno, for example, -has double the retail space per capita than Bakersfield. Also, each year busloads of people are taken to Los Angeles for shopping excursions. Bakersfield has had excellent retail sales recently and this trend expected to continue to improve. If the subject development occurred, it would 'contribute to making .... ~";^" ''~ '~,,,,'"' ..... an attractive retail location. Lease Rates: Estimates for leasing space in the subject development range from $1.15NNN to $1.25NNN per square foot, per month. ..,o.t.~ Other Development, Issues: Other i~5.~es need to be addressed concurrently as the~ Entertainment CeilS[er and Stadium~are being planned in orde~ to maximize spin-off development, according to~fi~s experts. These issue~de crime or perception of crime~:4'~anliness andjae~ss. Currently, the area th~ planned to be developed has safety gea~ption trouble .~eople may be h~sitant t94~ve thiough certain streets of do~fi'town, ~espec~ally in~/~~~b ldings ~ave contribut.~-f6~n area that ~natd.i ~a~tn iPoen_d?2~;~ wWee:ee ad~:fees~ ;gr°~Pl~n~cu;~ ;; [~etvheel°s; does no adily attract edestrians ere were differing opinions o ccess to the subject streets. However near Califom ~, d. oing.exc X,~hese issta perceptions need to beadfl~sed. · Project Impact on Downtown Attracting Other Entertainment Facilities The proposed Stadium and Entertainment project is expected to have positive impacts and attract other entertainment facilities. The following facilities were identified by [_ep.,r_e.s_e._n!_at.!wes of two major commercial brokerage finns in Bakersfield that woUld do well Mixed-Use Development Revenue Study Page 27 GRC Associates, Inc. DRAFT Commercial Recreation Uses · Performing Arts - Bakersfield has various for-profit and.non-profit theatrical groups. It may be possible that as they grow, downtown would become an ideal location option, because of the number of people that would be attracted to the downtown area. A recommendation to leverage the movie theatre development would be to design it with stage theatre capabilities. · Batting Cages - The batting cages next to Sam Lynn Stadium are busy throughout the day and evening. Another similar type project would succeed very well located adjacent to the subject property. · Miniature Golf - This type of development would work well near the subject . entertainment complex. Because of its size requirements, it may need to be located adjacent to the subject project area. Other Public Facilities · Olympic Size Pool - This community amenity would work very well with the other entertainment related projects. · Amphitheatre - This dual use of the Stadium, ff it were designed to accommodate .~M,~b ~ P~/-Summary~e2'~ ~of Stadium Development in Other Communities Interviews were conducted with city officials, stadium management company representatives, stadium marketing experts and team employees regarding their stadiums. Out of the four stadiums reviewed one was instrumental in spurring development in its area, another was having moderate success, with two other stadiums not having any effect in their area. A summary of each stadium is listed below. ~,'~~ Lancaster Stadium: The City of Lancaster utilized the stadium as a catalyst for other entertainment related development. In this city, the stadium helped cause the business district to be extended further north, in an area that was formerly vacant land. The Redevelopment Agency targeted the stadium area as an "Entertainment District".. They were able to attract a 22-screen movie theatre and a hockey center. The City owns 60 to 80 acres Mixed-Use Development Revenue Study Page 28 GRC Associates, Inc. DRAFT surrounding the stadium, and is planning further development. In summary, the stadium was instrumental in attracting other development. San Bemardino Stadium: Out of the four new stadiums visited, this was the only one located in a mixed-use, central city location. Although the stadium is quite impressive, it did not spur other development nearby. Rancho Cucamonga Stadium: The stadium was built as pan of a larger sports complex in a park-like setting. There has been other development occurring near the stadium. Phase ri of an auto service related shopping center is cUrrently under construction. Lake Elsinore Stadium: The stadium was originally planned to be part of a larger entertainment complex. However, no other development has occurred since the stadium was built in 1994. A few projects have been proposed, but the school district and in some instances, the Army Corps of Engineers have opposed these projects. However, Lake Elsinore is a much smaller community, compared to Bakersfield, and they may not have enough of a population base to support additional development. Mixed-Use Development Revenue Study Page 29 GRC Associates, Inc. Figure 1 Proposed Bakersfield City Center Truxtun Ave. ~ ~ 0 lCfiity'u ces,  ! Hotel E ~ ~Z ~ = i ,~ . a~ II ~ . Parking ~ I.< Parking -- ~ · Amtrack ..... [BNSFRR ......... ~ .....'"'" ""'" ' ' ' ' "'"'-;Z" ............. Parking ~ ..~ ~ " [ , (200 Spaces)tr~ Wall 14thRlre~e! ri__ ,i i, , .__. -/'---' _. i Stadium Il B-ball/V-ball ~O~'x/q) \ ~.~ / /...~ l~ _.2n ....~ ( · Parking 1 Ir'll~i Parking 490 Spaces I Reta,l... I Entertainmen . -- , ' _ Development California Ave. 'N Restaurants/Retail Proposed Retail PadV g Retail g ~ .~ ~ I ~- ---, g Pads g m m m Sr Housing ~ o~ 225 Units ~ O CY ~ ~ ~' Map not to scale. Figure 2 Lancaster Municipal Stadium "The Hangar" 2400 West Avenue 'T' Regional Area Avonuo A i= ~ern 5k~ '.:~.. Figure 3 Lancaster Municipal Stadium Adjacent Land Uses Valley Central Way h Young's Recreational Vehicle Sales and Storage Center Vacant Land Avenue "I" Vacant ~ Land ~ ~ (Pads) Hwy 14 Antelope Valley Freeway Vacant Land Wayne Gretzky Hockey Center Line Drive Vacant Land Lancaster Factory Stores- N Market Place Shopping Center ' Map not to scale. ! Figure 4 Lancaster Stadium Adjacent Land Uses NEC Ave. I & Valley Central Way NWC - Avenue I & Valley Central Way Recreational Vehicle Sales/Storage Vacant Land SWC - Avenue I & Valley Central Way SEC - Valley Central Way & Mall Street 22-Screen Movie theatre & Vacant Land Wayne Gretzky Hockey Center Figure 5 San Bernardino Stadium '" '-: "The Ranch" ~'~' 280 South "E" Street Class A Affiliate of The Lo~ Angeles Dodger~; Regional Area '~ ' '- ':, 5k,m~.~ Nealeys as 10-Miles ©1999 l'v~D~um.~.t.corn, Inc.; 01999 N~v~ation .~¢.,:~e.s . ,, Figure 6 San Bemardino Stadium Adjacent Land Uses Food 4 Less Car Wash Rialto Avenue Ind. Hazardous Vacant Motel Bldgs. Waste Site Land Auto Service G tge ............................................................................. Ind. eo Ind. Bekins o Pep Boys Bldgs. ~ Bldgs. r../3 Convenience r.~ Retail/Office Building ~ Congress St. Shopping ,-, Center Athol Street Retail Entrance/Parking ~ , . . Buildings (Empty) Vacanl Vacant Land Land Auto Body Shop Residential and Industrial Bldgs. Car Wash Velarde Street BirchCt. x~x~°ak ct' ' Vacant Industrial Land Auto Weinershnitzel Buildings Bod~, Hot Do~s Mill Street National Orange N Show Grounds Map not to scale. Figure 7 San Bemardino Stadium Adjacent Land Uses SEC - Rialto & "G" Street SEC - Velarde & "G" Street Hazardous Waste Site Residential & Industrial Uses Western "G" Street Fronting Stadium SWC - Mill Street & "E" Street Vacant Land Vacant Land Available for Sale Figure 8 San Bernardino Stadium Adjacent Land Uses Northwest of Stadium - "E" & Athol NEC - "E" Street & Athol Convenience Center & Vacant Land Pep Boys Southwest of Stadium- "E" Street SEC ' "E" Street & Athol Auto Body Shop Car Wash & Empty Buildings Figure 9 Rancho Cucamonga Stadium "The Epicenter'' 8408 Rochester Avenue Regional Area ~ l~Ae~lZ'J"f'~3 .~'lount ~amd O ~T'7 ~ t~= East Fork P~ ~, ~ ~ ~,,'SKfi~-'~ · .' ~' ..... ~ .~..'"'x.'~ lO-Mile: ) ;~ Sa.n Dim.~s Figure 10 Rancho Cucamonga Stadium Adjacent Land Uses Home Depot Center Vac , La Foothill Blvd. :Shopping Center ~ Shopping [House (Auto Related ',~ Center Businesses) ~ Vac~ Vacant Phase II - Auto Mall Lan Land (Under Construction) Sebastian Way ~ Vacant Land ~ Vacant < .IH°use Land ~ ~ Stad Hwy 15 ~ Par[ .g Ontario Industrial ~~~. Freeway Building Vac Lm Jack Benny Drive Adult Sports Park Ind. ~ll[ Ill Soccer, Softball & Bid. " Little League Fields N Map not to scale. Figure 11 Rancho Cucamonga Stadium Adjacent Land Uses Northeastern and Southeastern Rochester Avenue Fronting Stadium Mostly Vacant Land with Some Stadium Parking SWC - Rochester & Sebastian SWC - Rochester & Jack Benny Auto Related Service Shopping Center Phase II Manufacturing Plant West of Stadium Southwest - Rochester & Jack Benny Manufacturing & Vacant Land Adult Sports Park (Soccer, Softball Fields Figure 12 ~ Lake Elsinore Stadium "The Diamond" 500 Railroad Canyon Road Regional Area 10~Miles "  ....~ 5Miles t_~ ~Rancho 5~nl ~ ~;... ~14rga rita ~,v. '... Lake . ~ '.-x ~ Figure 13 Lake Elsin°re Stadium Adjacent Land Uses v ac ant v ac ant Land Land Pete Lehr Drive Lake Elsin°re p,!...~.~..i,~ ~~ Vacant i~~ Land Vacant Land Malaga Road Vacant Vac.~,,~. r~;~o x~ .... ~ Land Land Lot Land N' Map not to scale. Figure 14 Lake Elsinore Stadium Adjacent. Land Uses East of Stadium Vacant Land & North of Stadium Shopping Center (Fronting Mission) Vacant Land South of Stadium West of Stadium Parking Lot & Vacant Land Vacant Land & Lake B A K E R $ F I E L D OFFICE OF THE CITY MANAGER MEMORANDUM October 6, 2000 TO: Honorable Mayor and City Council FROM: Alan Christensen, Assistant City Manager,~ SUBJECT: Employee Incentive Program The Employee Incentive Committee is happy to provide the list of High Five nominees and winners for the second and third quarters of 2000. Please note that the winners are shown in bold. All of these individuals were recognized by their peers, supervisors, or members of the public for exceptional work and/or customer service. By being nominated, each employee is automatically inducted into the "High Five Club" for the fiscal year and is recognized at the annual Employee Breakfast. In addition, each winner has their choice a number of $10 gift certificates. All nominees and winners are also recognized monthly in the City's employee newsletter. We applaud these individuals for a job well done. AC:al Attachments 2000 HIGH FIVE AWARD April Nominee Title Dept Date Nominator Comments 1 Barnhard, Rhonda Asst. City Clk Clerk 04/13/00 Pam McCarthy Goes the extra mile - complimented by Clerk of the Board for professionalism. 2 Brewster, Ron Patrol Officer Police 04/08/00 Basil Rios Assisted elderly burn victim to safety. 3 Byrd, Maria Clerk Typist I PW / GS 04/05/00 Brad Underwood Outstanding job filling in for Community Relations Spc. 4 Duck, Patty Acct. Clerk I Finance 04/07/00 Lonnita Lawrence Always cheerful, pleasant and helpful. 5 Eng, Jennie Assoc. Planner Planning 04/25/00 Patricia Hock Always patient and professional. 6 Fraley,.Debbie P.S.T. Police 04/09/00 Joyanne Clark Hardworking, good natured, expeditious worker. 7 Hardin, Tom St. Maintainer II PW / Streets 04/12/00 Rene Martinez Quick response at a moment's notice to assist fellow employee. 8 Hill, Sherrie Lab Tech Police 04/11/00 Debbie Halle Great effort coordinating fingerprint class. 9 Martin, Pete Signal Tech PW / GS 04/05/00 Frank You[~g Design of storage area increased storage capacity. 10 Nuno, Paul SWOp II PW / SW 04/04/00 Kevin Barnes Went back to service alley that was previously blocked - thank you from customer. 11 Rec & Parks 04/27/00 David Lyman Hats off to those responsible for the most recent Rec & Parks publication. 12 Sharpies, Drew Investigator Finance 04/07/00 Lonnita Lawrence Always helpful and happy. 13 Weaver, Gary Const. Insp I PW / Con 04/04/00 Amber Lawrence Met with frustrated citizen - followed through and maintained professionalism. 14 Young, Ron Eng. Tech I PW/Subd 04/26/00 Randy Johnson Very helpful with customers and staff. Goes the extra mile. 2000 HIGH FIVE AWARD MAY Nominee Title Dept Date Nominated by Comments 1 Amos, Bob GIS Analyst MIS 05/00 Rene Chow Completed request in short time, and in a professional manner. 2 Colitti, Jeff Off Sys Analyst MIS 05/12/00 Sally Ihmels Helped with internet acquatic registration, and remained on-call. 3 Devitt, Leslie Pub Ed Spec Fire 04/13/00 Kirk Blair Gives extra effort; Fire receives positive comments from public. 4 Fidler, Dennis Bldg Director Dev Services 05/05/00 Eric Poore Great public relations with public and fellow staff members. 5 Flores, Jaime Svc. Worker PW/Fleet 04/27/00 BFD Stn 8-B Continued excellence in service to the Fire Dept. Cheerful attitude. 6 Haven, Dawn Clerk Typist I HR 05/12/00 Anthony Gonzales Initiated and managed records destruction program. Hayes, Patrick Police Officer Police 05/13/00 Gilbert Alemao Stood by while stop sign was repaired during evening hours. 7 Jones, Andrea Legal Secretary City Attorney 05/15/00 Jane Gardner Quickly typed necessary agenda- was gracious. 8 Kennedy, Mike DP Manager MIS 05/12/00 Sally Ihmels Helped with internet acquatic registration. 9 Kuo, Homer Off Sys Analyst MIS 05/15/00 Nell Tierney Excellent service, very prompt & polite, efficient and timely. 10 Larsen, Elaine St. Maint. II PW/Streets 04/24/00 Tom Hardin Always willing to help. 11 Lopez, Blanca Rev. Prg Aide PW / WW 05/05/00 Lonnita Lawrence Polite to everyone; makes the office a pleasant place to work. 12 Martinez, Rene Swpr Oper PW / Streets 05/16/00 Michael Shull Hard worker, always willing to help other operators. 13 Newton, Ken Lt. Eqp Wrkr PW / Streets 04/28/00 Rene Martinez Hard worker with a good attitude; always willing to help out. 14 Peoples, Kevin St. Maint. II PW / Streets 05/17/00 Rene Martinez Excellent job patching pothole, area residents were impressed. 15 Pino, Art St. Maint. I PW / Streets 05/22/00 Rene Martinez Worked a double shift to complete an important project. 16 Ramirez, Darin St. Maint. I PW/Streets 05/17/00 Rene Martinez Excellent job patching pothole, area residents were impressed. 17 Shull, Mike Swpr Oper PW / Streets 05/03/00 Rene Martinez Stayed back two days to help catch up; always volunteers to help. 18 Janet McCrea 2000 HIGH FIVE AWARD June Nominee Title Dept Date Nominated by Comments 1 Chavez, Steve Supervisor II PW/GS 06/07/00 Linda McVicker Provides excellent service when help is needed at Community Centers. 2 Ernst, Mary Svc. Maint. Wrkr Rec & Parks 06/22/00 Bruce Fritz Goes out of her way to make repairs and do work as needed. 3 Gennaro, Ginny Dep City Arty II Attorney 06/01/00 Terry McCormick Returns calls & e-mails promptly, extremely helpful. 4 Hardisty, Jack Director Dev. Services 06/15/00 Vickie McDougal Administered aid to a family of morning doves, saving them from disaster. 5 Johnson, Randy Eng. Aide II PW/Subd 06/23/00 Kevin Barnes Helped get a large scale map produced for Solid Waste. 6 Lopez, Vince Facility Worker PW/GS 06/08/00 Luda Fishman Great help with large project. 7 McKinney, Don Mechanic PW/Fleet 06/14/00 Rene Martinez Always takes care of calls in a timely manner. 8 Moton, Lisa Acct. Clerk Rec & Parks 06/21/00 Terri Elison Committed to excellence, always willing to go the extra mile. 9 Placentia, Mimi HR Analyst CM / HR 06/21/00 Terri Elison Committed to excellence, always willing to go the extra mile. 10 Ramos, Frank Captain Fire 06/20/00 Terri Elison Outstanding presentation of CPR / First Aid class. 11 Salazar, Jose Pk Maintainer Rec & Parks 05/26/00 Rene Martinez Went out of his way to help street cleaners with special project. 12 Zaragoza, Bobble Dep. City Clerk CM / Clerk 06/23/00 Pam McCarthy Went the extra mile, stayed late to assure agenda packets were completed. 13 Zink, Lee Swpr Operator PW/Streets 06/14/00 Rene Martinez Never hesitates to respond quickly to requests from PD. 2000 HIGH FIVE AWARD July Nominee Title Dept Date Nominated by Comments 1 Barnhard, Rhonda Asst. City Clerk CM / Clerk 06/30/00 Jane Gardner Provided prompt assistance to media inquiry. 2 Carter, James Equip. Operator PW / Streets 07/12/00 Janet Tucker Provided inspiration to several people who have quit smoking. 3 Gonzales, Anthony HR Supervisor CM / HR 07/23/00 Bill Rector Consistently does a great job. 4 Kuo, Homer Office Sys. Analyst CM / MIS 07/06/00 Howard Wines Under tremendous time constraint, compiled data and prepared City-wide haz mat form. 5 Larsen, Elaine Lt. Equip. Operator PW / Streets 07~24~00 Rene Martinez Constant hard work, determination to get work done, good work ethic and attitude. 6 West, April Ind. Waste Inspector PW / WVV 07/05~00 Para Abe Performed numerous inspections in preparation of audit. Cheerfully helps. 2000 HIGH FIVE AWARD August Nominee Title Dept Date Nominated by Comments I Colitti, Jeff Office Sys. Analyst MIS 08/28/00 Mimi Placentia Friendly, professional, thorough, understands sense of urgency. 2 Fenstermaker, Gary Code Enf. Officer Dev. Services 08/08/00 Laura Hinson Very helpful, timely, follows up, and is courteous. 3 Hinson, Laura Clerk Typist II PW / Streets 08/02/00. Lonnita Lawrence Very friendly, goes out of her way to help solve problems. 4 Liew, T.S. DP Supervisor MIS 08~22/00 Kevin Barnes Great help in getting special reports from HTE system. 5 Mercado, Sam Elec. Tech. II PW / GS 07~28/00 Frank Young Showed attention to detail; produced high quality work on MIS remodel. 6 Mills, Lonnie Police Officer Police 08~03/00 Robin Boytis Exhibited outstanding service and courtesy when citing a motorist. 7 Richert, Mike Craffworker Fire 08/02/00 Dennis Evans Responsible for fire hydrant systems in City - hard worker. 8 Silvius, Steve Engineer Fire 08/09/00 Timothy Luken While on light duty, completed multi-station maintenance - nominated by 6 captains, 2000 HIGH FIVE AWARD September Nominee Title Dept Date Nominated by Comments 1 Allen Don Hvy Equip Operator PW / SW 09/14/00 Kevin Barnes Took care of a handicapped resident's needs, rec'd recog from Councilmember 2 Anger Hal Fire Inspector Fire. 09/10/00 Dennis Evans Works beyond job duties. 3 Flores John Eng. Tech I PW / Eng 09/05/00 John Ussery Gave John a lot of extra help and time. 4 Fulton Jan Dev. Assoc. EDCD 09/11/00 Roberta Gafford Helped with coordinating employees for Day of Caring. 5 Gafford Roberta Secretary II HR 09/01/00 Rhonda Barnhard Went the extre mile in coordinating Day of Caring; always pleasant & professional. 6 Hall Roy Rehab Specialist EDCD 09/15/00 Tficia Richter Continually supports staff with construction knowledge. 7 McCormick Terry Supervisor II Rec & Parks 09/11/00 Roberta Gafford Helped with coordinating employees for Day of Caring. 80ffenburger Angle Acct. Clerk EDCD 09~07~00 Tricia Richter Goes above and beyond job duties; very thorough, diligent worker. 9 Placencia Mimi HR Analyst HR 09/11/00 Roberta Gafford Helped with coordinating employees for Day of Caring. 10 Sousa Frank Bldg Insp II Dev Services 08~30~00 Eddie Faires Great attitude; work ethic should be an example to others. 11 Thomas Mike AC Tech II PW / GS 09/18/00 Mimi Placencia Went out of his way to ensure air conditioning was fixed. 12 West April Ind. Waste Insp PW/WVV 09/11/00 Lonnita Lawrence Always cheerful and makes a person feel good. 13 Williams Rick Survey Op Supr PW / Const 09/11/00 Roberta Gafford Helped with coordinating employees for Day of Caring. 14 Wilson Bob Eng. Tech I PW / Eng 09108/00 Dani Smith Great customer service; great attitude. BAKERSFIELD Economic and Community Development Department MEMORANDUM October 4, 2000 TO: Alan Christensen FROM: David Lymaft~.~ SUBJECT: Enterprise Zone Audit Good news! We passed.our enterprise zone audit with a cumulative score 92%, or 184 points out of a possible 200. The three areas of evaluation, and our score in each, were, 1. How well we have met the objectives outlined in the Memorandum of Understanding between City, County, and the State of California (46 out of 50 points, or 92%); 2. How well we have addressed the goals, objectives, and commitments in our original enterprise zone application (65 out of 75 points, or 87%); and 3. A program review of staffing level, budget, community support, vouchering, permit streamlining, and workforce preparation (73 out of 75 points, or 97%). Our notification letter from the California Trade and Commerce Agency is attached. A score of 75% was needed to successfully pass the audit. In 1998, AB 2798 (Machado) authorized the Trade and Commerce Agency to extend the life of any enterprise zone designated prior to 1990 for an additional five years, for a total of 20 years. On March 29, 2000, the City Council authorized a letter be sent to the Trade and Commerce Agency formally declaring the city's intent to apply for such an extension. Separately, the Kern County Board of Supervisors took a similar action. This five-year extension is contingent upon, 1. the zone passing an audit conducted by the Trade and Commerce Agency~ and 2. submitting an acceptable economic development plan. Our successful audit review means we have completed the first step in applying for a five-year extension of our enterprise designation, which is set to expire in October 2001. For the past several months, we have been laying the groundwork to begin the second part of the process, submitting an acceptable economic development plan. This is a very extensive and complex undertaking, focusing on marketing, financing programs, job development efforts, planning and local incentives, and program management. Now that the audit is complete, efforts to complete this second part will intensify to meet the filing deadline of March 14, 2001. As with all issues related to the enterprise zone, the audit was a joint effort between the City of Bakersfield and the County of Kern. attachment dI:PSE Z~ExtensionLAudit review scoring memo.wpd - CALIFO IA COMMERCE AGENCY Gray Davis Governor (916) 327-2236 Lon $. Hatanfiya (916) 3~2-7214 Fax Secretary October 2, 2000 Mr. David Lyman Economic and Community Development Dept. City' of Bakersfield 5 ! 5 Truxtun Avenue Bakersfield, CA 93301 D~t ,qM, .r,,Lyrnan: Thank yp.u. for the tim,~ly and complete responses to the audit, The City of Bakersfield and County of Kern have passed th~ audit portion of thc extension, process with a score of 184/200. 2. Section ii Applicati.on Review (65/75 Points) 3. Section III Program. ReView (73/75 Points) Congratulati,ons on, passing thc audit portion of the extension, process. The ._.Agency looks forward to receiving your updated economic development plan. TM.$ plan is due by March 14, 2001. If you have an.y questions, please contact Patrick MoGuire at (916) 327-2236. Sincerely,.~~/. Keith W. Coppage ' atr/ck McGuke 801. K Strut, Suite 1918 s~e,~,ent,,,Ca Deputy Director Associate Development Specialist ~38~4-~52o En,terprise Zone Unit Enterprise Zone Unit (916) ~22-1394 corem erce.ca.l$~m~ CC'. N~lson Chart, Director, Sacramento Regional Office, California Trade and Commom¢ Ag~cy BAKERSFIELD Economic and Community Development Department MEMORANDUM October 4, 2000 TO: Alan Tandy, City Manager FROM: Alan Christensen, Assistant City Manager ~ SUBJECT: Update of SePtember 28, 2000 Southeast Bakersfield PAC meeting The Southeast Bakersfield Project Area Committee (PAC) met on September 28th. The agenda covered the following items: Workshop: Mr. Stan Grady, Director of Planning, provided a presentation on the various types and processes of developing planning documents. He discussed specific plans such as the Casa Loma and Baker Street Specific Plans that differ from the plans such as the Riverlakes or McCallister Ranch. He discussed the land uses currently designated within the Southeast Project Area and the potential constraints and opportunities of the uses. Basic steps to the development of any plan or program is to analyze current studies/data identifying the gaps in the information needed, then determine the resources required to accomplish the planning document either from the City or other experts and the funding sources to provide the services. Mr. Grady indicated the City Council has requested Planning to provide them a workshop on what would be required to do more effective planning for various areas of the city, including the Southeast. He invited the PAC to attend the workshop and will inform them when it is scheduled. Correspondence: At the request of PAC Chair Isaiah Crompton, staff passed out copies of a letter to the PAC from Renee Nelson, which outlined what the PAC should request in return for their support of the Plan Amendment. Mr. Peterson requested that the letter be added to next month's agenda. Mr. Peterson passed out the City Attorney's response to his letter requesting an attorney for the PAC and requested it be placed on next month's agenda. Old Business: None New Business: None S:~AC\PAC meeting September 2000 memo.wpd Alan Tandy October 4, 2000 Page 2 Public Statements: None PAC Member Statements: Mr. Dean - Wanted to know status of Plan Amendment, and what would happen if the PAC did nothing. (Damell Haynes and Walt Pon' discussed the environmental and notification requirements of the amendment, and if the PAC did not support or did nothing it would probably be viewed as non-support, requiring the Council and Agency to approve the amendment with a two-thirds'vote.) Mr. Dean discussed the Renee Nelson letter, that he indicated was written by the GBLA, and that is what they asked the GBLA attorney to write for them. He indicated that the PAC needs to all agreed upon the letter and be unified as a community to make a difference and influence the Council's decision on the project, because it's a political process. Mr. Dean also discussed the PAC's request for an attorney that went before the Agency. He attended the meeting and requested the Agency defer their decision so the PAC could discuss further the request. He felt it was inappropriate for the Chair of the OTK PAC to comment on SE PAC business. He was also disappointed that the two Agency members, Gil Anthony and Albert Prince, who would be in support of the SE PAC requests were not at the meeting. Mr. Peterson - Passed out copies of a memo in which he is requesting the formation of an Ad Hoc Committee on street lighting and requested it be put on next agenda. Continues to express concern that the southeast does not have enough street lights. Requested an item be put on next agenda requesting someone to assist the PAC in developing planning details for a Master Plan. Requested the transcripts of the last Agency meeting regarding Marvin Dean's comments be provided to the PAC. Also believes the lack of attendance at the recent Agency meeting by PAC members may have been due to Agency member Anthony's comment (at the previous Agency meeting) that the five PAC members attending their Agency meeting may be a violation of the Brown Act. Mr. Powell - Would like a presentation of the positives and negatives on the southeast community regarding the stadium project, in order to assist them in determining whether the PAC should support the project or not. Ms. Campbell - Would like to discuss setting up a meeting between the Agency, OTK PAC and SE PAC to discuss various issues. cc.' Bakersfield Redevelopment Agency S:~AC\PAC meeting September 2000 memo.wpd BAKERSFIELD CITY MANAGER'S OFFICE MEMORANDUM October 4, 2000 TO: Alan Tandy, City Manager FROM: John W. Stinso~,~istant City Manager Bart Thiltgen, City Attorney ~ SUBJECT: Worker's Compensation Insurance Rating Requirements It has been brought to our attention that various contractors are having difficulty in meeting the City's rating requirement of an "A" Best's rating for worker's compensation insurance. We have been made aware that the State Fund, which was created by the state to provide employers a permanent market for worker's compensation insurance when the state mandated worker's compensation insurance for all workers, now has a "B++" rating. State Fund currently insures a large number of contractors who perform work for the city or are involved in development activities where we require Workers compensation insurance. This may cause immediate problems since, many contractors may not be able to meet the city's rating requirement. Because of this information, we contacted Michael Simmons of Driver Risk Services who administers the Authority for California Cities Excess Liability (ACCEL) program of which the City of Bakersfield is a member. He indicated that there was a statewide downgrading of ratings for worker's compensation insurers in California including State Fund and he knew of only two "A" rated California firms (see attached information provided by State Fund). He indicated that it would likely be difficult for business to find "A" rated workers compensation insurance, and if they could it would be very expensive. He recommended that the City consider changing the rating requirement to a "B+" rating for worker's compensation. He indicated there is limited exposure in reducing the rating requirement since worker's compensation insurance plans are protected by a special fund established by the state to cover claims should an insurance company fail. He would not recommend lowering the city's rating requirement for liability insurance. Due to the potential negative impacts of contractors not being able to meet the current city requirement, due to insurance market conditions, staff is recommending that the rating requirement for workers compensation be changed to a "B+" rating at this time and that staff continue to monitor this issue to determine if and when it should be returned to an "A" rating requirement. I Our Mission Page 1 of 2 I ~About State Fund An..a~ ~eport Our Mission State Fundwas established to be a fully self- 1998 Hasn't Changed supporting non-profit public enterprise and opened its doors for business in 1914. Workers' Compensation is our only business. Since State Contents: Fund does not have out-of-state headquarters, · President's Letter operations, employees or stockholders, virtually all of our earnings remain in, and thereby benefit ~ Chanae... the people of, California. Throughout the years, It's Not Everyone's Cup Of Tea. State Fund's ability to provide workers' compensation insurance protection to California A§ents and Brokers_ State Fund's Home Office building employers has been endorsed by policyholders, in San Francisco, $~,al;e Fund - Kaiser injured workers legislative hearings, industry Permanente AlliancR members and a number of independent studies. PPN Today, State Fund is the state's largest workers' Today's Techno ogy compensation carrier accounting for 20% of Grouo Insurance Claims Management California's workers' compensation premiums. Service Rapid Response ~ Provide California employers a permanent Impact of ODen Rating Our Mission on Dividends market for workers' compensation insurance Our I~lission protection at cost with no financial obligation to the public. ~ Financial Statements ~ Compete fairly with other insurers and, by Highlights example, set the standard for fair premium rates, Report of Independent financial integrity, excellence in customer service Accountants and impartial treatment of injured workers. Assets. Liabilities and Policyholders' Surplus ~ Assist employers in providing safe places to Income and Changes in Unassigned work and when a worker is injured, help restore Policyholders' Surplu.~ that person to a useful place in the economy. Cash Flows Notes to Financial Statements ~Directors and Officers ~ Past Annual Reports (. pdf format) 1997 1996 http://www.scif, corn/aboutscif/98%20Annual%20Report/mission.htm 10/03/2000 ,. ' O,ur Press Releases Page 1 of 2 Home Search State.nd OnUne Obtaifling Covera(.le Feedback News & Info I~].Press Release Index Press Room Our Press Releases A.M. BEST AFFIRMS STATE COMPENSATION State Fund INSURANCE' FUND'S FINANCIAL STRENGTH; STATE in the Commun FUND RECEIVES "VERY GOOD" RATING Seminar .-ii Listines .; Annual ~.. Re_~ort SAN ]FRANCISCO (May 24, 2000) - A.M. Best has affirmed the financial Newsletters strength of State Compensation Insurance Fund - California's largest workers' compensation provider- with the assignment of a "very good" rating following its most recent analysis of the carder's operations. A.M. Best stated that its B++ rating "reflects the Fund's strong capital position and dominant market presence." The rating also "acknowledges the Fund's capacity to successfully provide a permanent workers' compensation market in California while maintaining a high level of service, profit sharing with policyholders and excellent financial security for insureds." A.M. Best previously rated State Fund 'A-.' The slightly lower rating underscores A.M. Best's concern with State Fund's concentration in the very competitive California workers' compensation insurance market and State Fund's operating losses after policyholder dividends for the past two years. The operating losses are related to increasing loss costs affecting all California workers' compensation companies. State Fund is addressing these cost pressures through prudent rate increases and by consolidating some district office operations to reduce future expenses. "State Fund remains in excellent financial condition and has maintained its leadership position despite the volatile market conditions over the past half- decade," said State Fund President K.C. Bollier. "We are pleased that A.M. Best has once again validated State Fund as a cornerstone of financial strength, service and stability in California's workers' compensation insurance system." In its rating of State Fund - which insures approximately half of all California businesses - A.M. Best also noted that State Fund has "demonstrated underwriting expertise and the ability to expand and contract business during highly variable market conditions." Throughout the 1990's - the most tumultuous decade in the 86-year history of California's workers' compensation system - independent rating organizations have validated State Fund's financial strenmh. http://www.scif, corrdnews_info/ourpress.htm 10/03/2000 The independent actuarial fn'm of Milliman & Robertson has issued an unqualified opinion on the adequacy of State Fund's 1999 year end reserves and the auditing firm of PricewaterhouseCoopers LLP has rendered an unqualified opinion on State Fund's 1999 statutory financial statement taken as a whole. In 1999, State Fund ranked as the nation's sixth-largest workers' compensation.carrier, the 50th largest property/casualty company with $7.4 billion in assets, $1.44 billion in surplus and a premium to surplus ratio of .86 to I. The premium to surplus ratio is important because it's a yardstick rating organizations have historically used to assess carriers' financial ...~ stability. And State Fund's market share remained at approximately 20 .:' percent. Headquartered in San Francisco, State Compensation Insurance Fund is California's largest provider of workers' compensation coverage with more than 211,000 policyholders. Established by the California Legislature in 1914, State Fund guarantees the availabihty of workers' compensation coverage to all California employers and competes with private carriers. State Fund is a wholly self-supporting, non-profit enterprise that returns all funds in excess of expenses, claims and necessary surplus to its California employer policyholders. :~l$~aJJot~.~lair..e~u/Rx,/ Archive Index I BACK. TamP 'l index STATE COMPENSATION lIN SM RANC£ i=UND Home I Search I StateFund OnLine I Obtaining Coveraae [ Feedback [ Copyright © 1999 State Compensation Insurance Fund All rights reserved, Do not copy or duplicate in any form. http://www.scif, corrffnews_info/ourpress.htm 10/03/2000 State Fund's Financial Rating State Compensation Insurance Fund 'has recently been assigned the following ratings by three insurance rating 'services: Rated B++ (Very Good) by A.M. Best Company, a Best's Rating Rated A (Strong) by Standard and Poor, an Insurer Financial Strength Rating Rated A" (A Double Prime, Unsurpassed) by Demotech, Inc., a Financial Stability Rating The' ratings are based on State Fund's overall performance in different areas such as capitalization, reserves, liquidity, operating performance, customer service, market presence, and underwriting results. State Fund maintains an outstanding capital base and has a consistent record of adequate reserves which provides benefits year after year to injured workers. We provide workers' compensation coverage at the lowest possible cost, returning excess surplus to our policyholders in tl~e form of dividends. The State Fund Advantage... This positive financial result is one reason we are considered a stable and reliable workers' compensation insurance provider -- a distinction that has made us the number one choice of Califo'rnia employers. STAT'r= COMPENSATION INSURANCE I=UND Get More. Worry LessTM Under California law it is unlawful for an insurer to promise the future payment of dividends under an unexpired workers' compensation insurance policy or to misrepresent thc conditions for dividend payment. Dividends are payable only pursuant to conditions determined by the Board of Directors or other governing board of the Company following policy expiration. It is a misdemeanor for any insurer or officer or agent thereof, or any insurance broker or solicitor, to promise the payment of future workers' compensation dividends. Past dividend performance is no guarantee of an insurer's future dividend performance. 13049 (Rev. 612000) ~ DEMOTECH, INC. PRO~$SICh'q.~.L .a. NALY$[5 BE'fOND TH=-. NU'.MBERS'" May 16, 2000 ' James F. Near5., Vice Preside:at~ State Compensation Insurance Fund · P.O. Box 420807 San Francisco, CA 94142-0807 Concerning: State C6mpensation Insurance Fund Please be advised that we have received and reviewed the information forwarded to us or utilized public information from Sheshunoff Information Services Inc. to arrive at the following: Preliminary. Financial Stability Ratin=~g0 of A" If you agree with this preliminary opinion, please complete the top section of the enclosed letter. If you 'disagree, complete the bottom section of the enclosed letter. We also request your cooperation regarding our receipt of' quarterly financial statements as they become available. If quarterly financial statements are not received within sixty. (60) days of the end of each quaker, the company's rating will be suspended and deleted from our website until receipt of such statements. Questions, comments and additional information can be directed to Barry Koestler or myself. Please respond by June 16, 2000 to ensure inclusion in this year's publication. Very truly yours, Joseph L. Perrelli President PS - Do you need an admitted market for your stand-alone Personal Umbrellas.'? If so, please see the enclosed brochure. Financial Stability Ratings® 'cc-¥~"~3 ~.~~~ 100% Analysis, 0% Attitude - 2941 Dormylane Blvd. Columbus, Ohio 43235-3228 (614} 761-$602 FAX (614) 761-0906 Website: www. demotech.com E-Mail: demotechO, demotech.com FINANCIAL STABILITY RATING is a registered certification mark of Demotech, inc. Standard & Poor's RatingsDirect Analysis Publication Date: 18-Feb-2000 State Compensation Insurance Fund Analyst: Wa:i Tung, New York (7) 212-438-7278; Darin Feldman, New York (1) 212-455-7198 Ratina Detail - Local Currency Credit Rating A/Stable/- 'Rationale The insurer financial strength rating on State Compensation Insurance Fund (SCIF) re.le~,, the fund's extremely stron(~ capitalization End solid bus,ness position. P~rti~-Ily offse.rting these r~.~ributes are its business concentration risk ~-nd average operating results. Major rating factors. · Very strong capitalization and solid reserve position: SC~Fs capitalization is extremely s~ror',g and one of the major linchpins of the fund's rating. Its capital s~rength is especially impressive given the significant policyholder dividends that ~t pays out and'the considerable capital that is charged, in Standard & Poor's model, for the fund's higher than averaee holdings of mortgage-backed securities (MBS). Capital is also supported by very conservative operating leverage and solid rese."ves. · Dominant market position: SCIF's business .position is strong, with a dominant standing in the California market, where it insures about 50% of workers' compensation policyholders, which equates to about 20% market share based on written premium. The fund benefits from economies of scale relative to its competitors, the largest of which is half the size reaping this advantage is underscored by a, competitive direct general expense ratio. · Volatile operating performance: Although Standard & Poor's believe's the fund's operating performance is good, it has also-been erratic. The fund's very competitive expense ratios, that h~ve averaged 20% in the last live years, along with extremely strong investment ~ncome. have largely compensated for the dismal loss and loss adjuslment expense (LAE) ratios (which have e. veraged about 109% from 1995 through 1999}. These high ratios reflect increases in loss severity and the BW0570 FEB 10,2000 21:17 PACIFIC 00:17 E~.STE~N (BW)(NY-S&P) S&P Affms State Compensation Ins Fund. Rtgs at 'A' Business Editors NEW YOP,.K--(BUSINESS Vv-iRE)--Standard & Poor's--Feb. 9, 2000-- Standard & Poor's today affirmed its ' ~ ' ' sm]e- A counterparty credit and financial strength ratings on the State Compensation Insu.rance Fund (State Compensation). The outlook is stable. These ratings reflect the fund's extremely strong capitalization and solid business position. Partially oh%e~ing t~hese positive am-ibutes are the fund's business concentration risk and average operating results. Major Rating Factors: -- Very strong capitalization and solid reserve position. State Compensaticn's capitalization is extremely strong and is one of the major linck~ins~ cf the fund's ratings. T~S_ capital .~=~_~nc~n,~' is especially impressive given the significant policyholder dividends that the fund pays and the considerable capital that is charged for the fund's higher-than-average holdings of mortgage-backed securities. Capital is also supported by very conservative operating leverage and solid reserves. The fund has - "reserves and surplus that the management believes is adequate to cover losses and the risk of a catastroohe. Credit risk is minimal due to the fund's very limited use of reinsurance. -- Dominant and leading market position. State Compensation's business position is strong, and it has a dominant standing in the California market, it insures about 50% of policyholders, or roughly 20% of total premium. Due to its size, the fund enjoys a greater scale advantage than those of its competitors, the ]ar~e~t of which is half the size of the fund Management has' been successful in leveraginq this advanta'qe, as evidenced by a solidly competitive direct general expense ratio. The fund's other competitive strengths include its safety and antifraud measures as well as its strategic alliance with Kaiser Foundation Health Plan, California's largest health maintenance organization. / -- Volatile operating performance. Standard & Poor's believes operating performance is good albeit erratic. Extremely strong investment income and very competitive expense ratios, which have averaged a solid 20% over the last five years, have largely bolstered the .fund's lackluster loss and loss adjustment expense (L~E) results. The poor loss and LAE performance is predominantly caused by increases in severity and the event of open rating, which significantly increased the price competitiveness of the market. Loss and LAE ratios have averaged roughly a dismal 109% from 1995 through 1999. Performance must also be reviewed'on a 2/11/00 11:29 AM U.S. ARMY SOLDIER AND BIOLOGICAL CHEMICAL COMMAND 5183 BLACKHAWK ROAD ~C~TY ~,~ ' ~ ...... ABERDEEN PROVING GROUND, MARYLAND 21010-5424 ,: September 27, 2000 Honorable Mayor Alan Tandy City Manager of Bakersfield City Hall · 1501 Tmxtun Avenue Bakersfield, California 93301 Dear Mayor Tandy: ' Thank you for the opportunity to present the Nuclear, Biological and Chemical Domestic Preparedness Train-the-Trainer Program to the emergency response training community of Bakersfield. It was a real pleasure working with your emergency response officials and their training staff. We received excellent support and overwhelming hospitality during the week of training (June 19-22, 2000). We feel that the training was a complete success 1 .argely due to the superior job of planning and scheduling that your staff did in preparation for the train-the-trainer program. In particular, we would like to recognize the following individuals for their tremendous commitment and support to the program: Fire Chief Ron Fraze, Bakersfield Fire Department Mr. Ralph E. Huey, Bakersfield Fire Department Battalion Chief Jerry W. Gambill, Bakersfield Fire Department Battalion Chief Larry Toler, Bakersfield Fire Department Captain Pat Caprioli, Bakersfield Fire Department Battalion Chief Nick Dunn, Kern County Fire Department Captain Michael Miller, Kern County Fire Department -: Officer Brian Clayton, Bakersfield Police Department Mr. Russ Blind, Kern County The team did an exceptional job in reaching out to you community, as well as surrounding mutual' aid, and drawing in interested students. We trained over 250 individual student trainers and taught classes to 426 attendees. Their proactive efforts to train as many students as possible made an enormous contribution to your community. They.should all be commended for a job well done! The attention to detail, professionalism and hospitality of these individuals and the enthusiasm of the student trainers were inspiring and rewarding. The commitment and working relationship ofyo~ Fire Department's Hazardous Materials Team, Police Department' and your medical community were motivating, and it was exciting to see the 2 potential for a model city emergency response plan in your community. The citizens of Bakersfield are very fortunate to have such dedicated emergency response professionals. Thank you again for the enjoyable experience in the city of Bakersfield. Sincerely, ._~e~_Duhala ...... '-tJrOduc~ Manager, Domestic Preparedness Copy Furnished: Fire ChiefRon Fraze, Bakersfield Fire Departmem, 2101 H Street, Bakersfield, California 93301 Mr. Ralph Huey, REA, 1715 Chester Avenue, Bakersfield, California 93301 Required Environmental Clean-up Status as of 09/30/2000 Contact: Ralph E. Huey e-mail: rhuey~ci, bakersfield.ca.us Phone: (661) 326-3979 1715 Chester Av. Bakersfield, CA 93301 Hazardous Waste Corrective Actions: Ld Agency Site Name Location Status/Environmental Contractor BFD Pierce Rd. Properties 3900 Buck Owens Blvd. Case closed. All wastes properly removed. Defendant sentenced on 1/31/2000 for 6 mo. house arrest, 3 yrs. probation & $85,000 restitution to property owner & $1,824 cost recovery to BFD. RWQCB PG&E Kern Steam Plant 2401 Coffee Rd. Phase I! property sit, e asmt. discovered oil & (Chrome VI in groundwater) heavy metals in soil & groundwater. Cleanup est. to cost $7.5 million. BFD referred case to Regional Water Quality Control Board. RWQCB Equilon Refinery 6451 Rosedale Hwy Not in City, but within area of concern. Max (MTBE in Groundwater) (Not in City Limits) MTBE in groundwater at 2100 ug/L resulting from recent spill events at the refinery. RWQCB Former Garriot Crop Duster 2014 Union Ay. Pesticide contamination assessment still Site continuing as an open case from previous practice of rinsing crop duster tanks into a former sump. Abandoned UST's also on site which has been purchased by KL Aviation. DTSC Gibson Oil Refinery End of Commercial St. Not in City, but within area of concern. (Not in City Limits) Corrective Action Branch of the Permitting Program (Berkeley Office) is handling the clean-up oversight. All hazardous liquids have been removed. Soils still need to be removed. Tony Netera is case agent at (510) 540-3951. DTSC K&D Salvage 600 S. Union DTSC has removed solid wastes from K&D Double D Recycling 340 Daniels Ln. site, and is performing further assessment. Former Benham-Johnson (Sites are contiguous) Double D has shown high levels of DDT in soil, high levels of lead in scrap metal piles. Bldg. Dept. Code Enforcement is interested in removing remaining junk from Double D, but the property is a listed hazardous waste site and no work can be done w/o at least 24hr HAZWOPER trained contractors. USEPA Former Magna Site Pacheco Rd & Progress Rd EPA has transferred final stage of clean-up to (Owned by Southern DTSC for neutralization of low pH soils and Pacific-Union Pacific R/R) offsite disposal of petroleum impacted soils. An asphalt cap will be placed over the site. Underground Petroleum Storable Tank Release Corrective Actions: Ld Agency Site Name Location Status RWQCB Mr. Fast Gas 600 Brundage Ln. Free product removal by AquaGeoScience. Additional monitoring wells installed. MTBE (MTBE groundwater site) detected in groundwater up to 22,000 ug/L. Vapor extraction system to be redesigned and installed as next phase of cleanup. RWQCB Beacon Truck Stop 3225 Buck Owens Blvd. Vapor extraction started on Oct. 15, 1999 and 3,667 lbs (675 gal) removed to date. MTBE (MTBE groundwater site) detected in water under the site up to 13,000 ug/L. Vapor extraction is removing MTBE at a rate of 5 lbs (1 gal) per day of pure MTBE. RWQCB Sunland Refinery 2150 Coffee Rd. Free product removal, air sparging & vapor extraction in progress. A total of 858,557 lbs (MTBE groundwater site) (157,534 gal) of petroleum have been removed from the soil and groundwater to date. MTBE detected in water under the site up to 3,890 ug/L. RWQCB Former Mobil Station 4456 California Av Max. MTBE of 16,000 ug/L in groundwater at 36' beolw surface. A domestic water well (MTBE groundwater site) Cai Water # 154 is 1/4 mile downgradient. RWQCB Car Wash of America 1701 Stine Rd. Unreported release in 1997 has not yet been (Suspected MTBE fully defined, but max. MTBE of 2.8 mg/kg groundwater site) detected in soil at 85' below surface (that's deep for max. MTBE). A monitoring well and vapor extraction system to be installed. BFD Apex Bulk Commodities 2111 Bricyn Ln. Diesel impacted soil & G/W ~ 17' BGS. MTBE detected in soil at 0.58 mg/kg. Soil (Groundwater w/diesel) excavation & removal on 8/17/00. BFD Former AAA Auto Club 2700 F St. Case closed. This is the City's first official (Now owned by ARCO) G/W case closure. (No MTBE detected) BFD Schwebel Petroleum 900 Sacramento St. DTSC imposing hazardous waste tank closure DTSC requirements to waste oil tank removal, based (No MTBE detected) on facility's prior application as a waste transfer station. Excavate & remove proposal submitted to DTSC for clean-up of waste oil contaminated soil. Risk Asmt document required prior to case closure. BFD Elks Lodge 1414 E. California Ay. Vapor extraction wells installed and operating continuously since August, 2000. (MTBE not yet tested) BFD St. Vincent De Paul 310 Baker St. Vapor extraction system now in operation and effectiveness reviewed on a quarterly basis (No MTBE detected) KCEHSD KHSD Maint. Yard 3100 Chester Ay. Over-excavation performed for remediation of Underground Injection Well. G/W (No MTBE Detected) monitoring now in progress. KCEHSD Former James Cardlock 601 Golden State Hwy. Groundwater monitoring in progress. RWQCB has concurred with KCEH on (No MTBE Detected) closure pending destruction of G/W monitoring wells. KCEHSD 7-Eleven 1701 Pacheco Rd. Vapor extraction, carbon canisters on site, G/W monitoring since 1988. Unknown (No MTBE Detected) current status. Request for closure was denied by KCEH & 7-Eleven was asked to perform confirmation sampling & risk asmt prior to requesting closure. KCEHSD McKenny's Air Cond. 2323 R St. Vapor extraction, G/W monitoring. Smith- Gutcher was consultant at one time. Vapor (No MTBE Detected) extraction system has been set up, and facility submitted their last quarterly report in May 1999. KCEHSD Former Navy Oil Co. 1531 Union Ay. Vapor extraction completed. No MTBE. (Owned by Burlington Closure granted on January 3, 2000. Northern-Santa Fe R/R) C:\WINDOWS\TEMP\Cleanups 9-O0.wpd DEPARTMENT OF RECREATION AND PARKS DATE: October 4, 2000 TO: Vice Mayor Carson FROM: Stan Ford, Director of Recreation and Parks ,~' SUBJECT: Request for Information The following is the information you requested regarding the funding support for the Rockin' by the River concerts and the public swimming pools. The actual total expenditure for the Rockin' by the River concert series was $40,548. We received revenue in the amount of $4,199. · For the aquatics program during the most recent season, total revenue (includes swimming lessons, other programs, and rentals)was $47,191 and total expenses were $702,168. / The Net General Fund Support (NGFS) for each program is shown below. The expenses indicated are direct costs only as budgeted in the Recreation and Parks budget (i.e. does not include costs such as pre-season preparation work on the swimming pools performed by Public Works). Rockin'bythe River Aquatics Revenue $4,199 $47,191 Expenses $40,548 $702,168 NGFS $36,349 $654,977 The NGFS for each swimming pool was as follows: Beale Jastro Jefferson MLK Planz Saunders Siemon Silver Wayside Total Creek Revenue $5,246 $3,314 $8,855 $4,360 $4,795 $3,194 $5,515 $8,801 $3,110 $47,191 Expenses $70,217 $63,195 $126,390 $49,152 $70,217 $49,152 $84,260 $147,455 $42,130 $702,168 NGFS $64,971 $59,881 $117,535 $44,792 $66,174 $45,958 $78,745 $138,654 $39,020 $654,977 If you require additional information, please let me know. c: City Council Alan Tandy, City Manager dOT 5 2000 B A K E R S F I E L D PUBLIC WORKS DEPARTMENT MEMORANDUM TO: ALAN TANDY, CITY MANAGER FROM: RAUL M. ROJAS, PUBLIC WORKS DIRECTOR~,/"~ ~~~ DATE: October 4, 2000 SUBJECT: COUNCIL REFERRAL WF0018627/001, WARD 2, VEHICLE SPEED ISSUE ON BEECH STREET. "DEMOND REQUESTED STAFF REVIEW ALTERNATIVES TO SLOWING TRAFFIC ON BEECH STREET INCLUDING THE INSTALLATION OF MEDIANS. STAFF TO CONSIDER INFORMATION PREVIOUSL Y PREPARED B Y THE POLICE DEPARTMENT CONCERNING THIS ISSUE." The Traffic Engineer reviewed the information from the Police Department regarding speeds and enforcement on Beech Street between 24th and 30th Streets. In addition to medians in Beech Street, other traffic calming strategies to consider are chicanes, flat top speed tables (similar to speed "bumps" but much longer, not as high and flat on top), narrowing of the road way at various locations and striping bike lanes and parking lanes to visually narrow the street. These are just some of several possible traffic calming concepts that have been used in parts of the United States and Europe. Some strategies cause.more difficulty than others for the adjacent residents accessing their driveways and some are "noisy" because of slowing and accelerating of vehicles on the road. The Traffic Engineer will develop a report on the advantages and disadvantages of various strategies for this particular segment of Beech Street with a recommendation for a possible project. cc: Lt. Alan Zachary, Police Department Traffic Traffic Engineering File slw: S:\WP\CC_REFS\WF0018627. BeechSpeed. ref. wpd Page I of I OOT-04-00 NED 10:43 OITY IIaNaGER'S OFFICE FaX NO, 6613241850 P, 01 To: Alan Tandy, City Manager Honorable Mayor Price and Council Members rom,. Subject: Traffic Enforcement on Beech Street Council Date: September 13, 2000 Council Member: DeMond "DeMond referred the issue of speeding on Beech Street and requested increased traffic patrol." Officers were assigned to monitor traffic on.Beech Street between 24'h and 30~" streets, from September 13 through September 21 during various hours of the day. These efforts resulted in a minimum of six speeding and nine stop sign violation citations. Additional enforcement will continue in this area. EWM/vrf City of Bakersfield *REPRINT* WORK REQUEST PAGE 1 P o cT: P INT D: 0X0 X00 REQUEST DATE: 9/27/00 CREW: TIME PRINTED: 8:29:17 SCHEDULE DATES LOCATION: STA~'~: 9~27Z00 LOCATION ID: ZIP CODE: COMPLETION: 10/05/00 GEN. LOC: FACILITY NODES FROM: ~AOI L I TY I D: TO: ~ REF NBR: REQ DEPT: CITY COUNCIL REFERRAL PRIORITY: HIGH R~EQUESTOR: DEMOND ORIGIN: CITY COUNCIL REFERRAL USER ID: RBARNHAR WORK TYPE: REFERRAL DESCRIPTION: VEHICLE SPEED ISSUE ON BEECH STREET REQUEST COMMENTS ***REFERRAL TO PUBLIC WORKS*** DEMOND REQUESTED STAFF REVIEW ALTERNATIVES TO SLOWING TRAFFIC ON BEECH STREET INCLUDING THE INSTALLATION OF MEDIANS. STAFF TO CONSIDER INFORMATION PREVIOUSLY PREPARED BY THE POLICE DEPARTMENT CONCERNING THIS ISSUE. Job Order Description: VEHICLE SPEED ISSUE ON BEECH STREET Cat~gory: PUBLIC WORKS Task: RESPONSE TO REFERRAL Assigned Department: PUBLIC WORKS START DATE / / COMPLETION DATE / OCT 2000 BAKERSFIELD CITY MANAGER ,.~ PUBLIC WORKS DEPARTMENT MEMORANDUM DATE: OCTOBER 4, 2000 TO: ALAN TANDY, CITY MANAGER FROM: RAUL M. ROJAS, PUBLIC WORKS DIRECTOR ~'~.---------.....~_ SUBJECT: METROPOLITAN STUDY & WIDENING 24'm STREET Council Referral WF0018623/001 DeMond th Councilmember DeMond requested staff look into widening of 24 Street in relationship to the completion of the Metropolitan plan. Staff to report back to DeMond concerning issue. One of the many elements that will be studied in the Metropolitan Bakersfield Systems Study is improvements to 24th Street between Oak Street and downtown. Together with an interchange at the intersection of 24th Street and Oak Street, at least two possible options have been identified for this improvement. The first includes a tunnel beginning just east of Oak Street and emerging at about E Street. The second is widening of the roadway from 4 lanes to 6 with a frontage road and sound walls. The current General Plan identifies 24th Street as a 6 lane arterial. Therefore, widening the roadway to 6 lanes would be consistent with the General Plan, however, this would involve purchase of additional right of way. Currently, there are three different scenarios that could be considered for the additional right of way; purchase all additional right of way south of existing · 24th Street, purchase all additional right of way north of 24th Street and purchase additional right of way both north and south of 24th Street. Each of the three scenarios identified above require an environmental document which can not begin until a Project Study. Report (PSR) is complete. We anticipate the environmental document to begin shortly after completion of the PSR which is now being done with the systems study. Upon completion of the environmental document, we can then establish a Specific Plan Line and begin purchasing right of way. ~ ~ City of Bakersfield *REPRINT* REQ/JOB: WF0018623 / '001 pROJECT: DATE PRINTED: 10J03J00 REQUEST DATE: ~/ 27/00 CREW: TIME PRINTED: :29:19 SCHEDULE DATES LOCATION: ' START: ~27~00 LOCATION ID: ZIP CODE: COMPLETION: ~10/05/00 GEN. LOC: FACILITY NODES FROM: FACILITY ID: TO: REF NBR: REQ DEPT: CITY COUNCIL REFERRAL PRIORITY: HIGH REQUESTOR: DEMOND ORIGIN: CITY COUNCIL REFERRAL USER ID: RBA/~NHAR WORK TYPE: REFERRAL DESCRIPTION: METROPOLITAN STUDY & WIDENING 24TH ST. REQUEST COMMENTS ***REFEPdlAL TO PI/BLIC WORKS.*** DEMOND REQUESTED STAFF LOOK INTO WIDENING 24TH STREET IN RELATIONSHIP TO THE COMPLETION OF THE METROPOLITAN PLAN. STAFF TO REPORT BACK TO DEMOND CONCERNING THIS ISSUE. Job Order Description: METROPOLITAN STUDY & WIDENING 24TH ST.  at~gory: PUBLIC WORKS as~: RESPONSE TO REFERRAL Assigned Department: PUBLIC WORKS START DATE __/__/__ COMPLETION DATE __/ BAKERSFIELD CITY MANAGER'S OFFICE MEMORANDUM October 6, 2000 TO: Councilmember Couch FROM: John W. Stinson~ I~sistant City Manager SUBJECT: Referrals dated 9/27/00 The following are staff responses to the referrals made by you on 9/27/00: #1 Question: I would like to meet with staff to better understand this issue. (Fruitvale properties request re. property beneath power lines) Response: Alan Christensen has arranged a meeting with you and Don Anderson to discuss this issue. #2 Question: Forward information re. Shellabarger Road to John Stinson for the file. Response: The information provided has been included in the file on Shellabarger Road, #3 Question: Request that staff set up a public meeting regarding the proposed development at Brimhall and Allen Road on Thursday October 12th. Response: The Planning Department has scheduled a meeting for October 12th to be held at Liberty High School at 6:00 p.m. They will have staff from Public Works and Planning departments attend to answer questions. #4 Question: Message from Joe Santiago regarding concerns about the speed limit on Hageman Road - close to school areas, Response: The Traffic Engineer has contacted Mr. Santiago and prepared a response to his concerns which is attached. The Police Department is addressing speed enforcement in the area per your request. Councilmember Couch October 6, 2000 Page 2 #5 Question: Request forstaffto contact Mr. Scales regarding his concerns related to garage sales. Response: Staff has contacted Mr. Scales and prepared a response to his concerns which is attached. #6 Question: Concern regarding illegal dumping by street sweeper in county area adjacent to the city. Response: Public Works has prepared the enclosed memo in response to your referral. #7 Question: Concern by Mr. Jim Welch regarding parking in the downtown near Urrichio's restaurant. Response: Per your request I contacted Urrichio's regarding the validation of parking. They have a sign posted on their entrance door indicating they validate parking and I also spoke with their manager regarding the issue. They are looking at increased signage to better inform their patrons about parking in the area. #8 Question: Question regarding utility rate increases similar to San Diego area. Response: Trudy Slater has prepared the attached memo in response to the inquiry. #9 Question: Concern by Mr. Charlie Barfield regarding an unsafe Condition at Truxtun and Coffee Road. Response: The Traffic Engineer has contacted Mr. Barfield and prepared the attached memo in response to the inquiry. #10 Question: Elaine Fleeman - concern regarding playhouse in backyard. Response: Per the enclosed memo, Jack Hardisty has spoken with Mrs. Fleeman regarding this issue. #11 Question: Request for staff to order "The Citizen's Guide to Traffic Calming" for you and to ask other Councilmembers if they would like copies. Response: Staff has ordered the publication you requested and will make copies available to all Councilmembers. Councilmember Couch October 6, 2000 Page 3 #12 Question: Concern by Mr. Phil Kimbrell regarding the lack of vehicle access to Liberty High School. Response: The Traffic Engineer has prepared the attached memo in response to the inquiry. #13 Question: Request for Solid Waste Director Kevin Barnes to contact you to discuss curbside recycling. Response: Mr. Barnes will be contacting you. #14 Question: Request for staff recommendation regarding Proposition 35. Response: Trudy Slater has prepared a response which is attached. #15 Question: Request for staff to provide information regarding the situation at the Convention and Visitors Bureau. Response: The City Attorney has prepared a response which will be sent to you under separate cover. Trudy Slater has also prepared a memo detailing the funding for the Bureau per your request. She will also be contacting you as requested. #16 Question: Request for staff to prepare a thank you letter to California State University Bakersfield regarding your appointment to the Board of Directors of the Center for Economic Education and Research. RespOnse: Staff has prepared a letter for your signature which is attached. #17 Question: Request for staff to provide information related to possible purchase of homes for widening of 24th street. Response: Staff has prepared a memo in response to your concerns which is attached. Also, you may refer to the response prepared for Councilmember DeMond concerning the widening of 24th Street in relationship to the completion of the Metropolitan plan. JWS:RKS Enclosures M E M O RAN D UJVL= ! T - ~ 2000 iC~TY October 4, 2000 TO: ALAN TANDY, CITY MANAGER FROM: ~ STANLEY C. GRADY, PLANNING DIRECTOR SUBJECT: COUNCIL REFERRAL #WF0018636 - COUNCILMEMBER COUCH - BRIMHALL & ALLEN ROAD A neighborhood meeting has been scheduled for October 12, 2000, at 6:00 p.m. at Liberty High School. Notices were mailed to residents on October 3, 2000. A memo has been attached for your information. SCG:pah Attachment P:\Corres\brimhall.ref.wpd Notice. of Neighborhood Meeting October 2, 2000 Councilman Couch and City staff are inviting you to attend a neighborhood meeting to discuss the proposed commercial expansion at the northwest comer of Brimhall Road and Allen Road. The matter was heard by the Planning Commission on September 18, 2000 and September 21, 2000, and is tentatively scheduled to be heard by the City Council on November 15, 2000. The meeting will be held at the Liberty High School Auditorium at Brimhall Road and Jewetta Avenue, on October 12, 2000, between 6:00 - 8:00 p.m.. Should you have any questions, please do not hesitate to contact my office. Sincerely, Stanley C. Grady Planning Director SCG:pah cc: Councilman Couch S:\GPA 3rd Qtr 2000\P00-0474 (Froehlich)\Notices\neighborhood meeting.wpd B A K E R S F I E L D 21TY MANAGER'S ¢: PUBLIC WORKS DEPARTMENT MEMORANDUM TO: ALAN TANDY, CITY MANAGER FROM: RAUL M. ROJAS, PUBLIC WORKS DIRECTOR DATE: October 4, 2000 SUBJECT: COUNCIL REFERRAL WF0018643/001, WARD 4, SPEED LIMIT ON HAGEMAN ROAD NEAR SCHOOL. "COUCH REQUESTED STAFF CONTACT MR. JOE SANTIAGO AND RESPOND WITH A LETTER REGARDING HIS CONCERN OF THE SPEED LIMIT ON HAGEMAN ROAD NEAR A SCHOOL." The Traffic Engineer contacted Mr. Santiago by phone to discuss his concern regarding 'speed limits. A formal review of the speed limit to verify that it is in conformance with the California Vehicle Code will be performed and changes initiated if appropriate. A letter (attached) was also written to Mr. Santiago as a followup to the phone contact. cc: Traffic Engineering File sJw: S:\VVP\CC_REFS\WFO018643.HagemanSpeedSantiago.ref, wpd Page 1 of I BAKERSFIELD PUBLIC WORKS DEPARTMENT 1501 TRUXTUN :AVENUE BAKERSFIELD, CALIFORNIA 93301 (661) 326-3724 RAUL M. ROJAS, DIRECTOR · CITY ENGINEER OctobE,r 3, 2000 Mr. Sa qtiago 7409 Feather River Drive Bakers field, CA 93308 Dear I~lr. Santiago: Thank ,ou for talking on the phone with me yesterday about the speed problems you have seen on Hageman Road in the area of Coffee and Patton. As we discussed, I will work with the Police Department to request some increased enforcement of the speed zone and of the school speed limit. We update our speed limits on a regular basis and make changes as ca~ be justified by the California Vehicle Code. I will direct my engineer's to check the speeds on Hageman to see if a different speed would be valid. I hope this information is useful to you. If I can be of further help or if you have other conce~ ~s about traffic in the City, please call me at 326-3959. Very tr Jly yours, Raul M,' Rojas Public tWorks Director by Stephen L. Walker l'raffic Engineer cc: Lie Jtenant Alan Zachary, Bakersfield Police Department S:\WP\CC REFS\JSantiago. Ltr. HagemanSpeedsRef. wpd City of Bakersfield *REPRINT* WORK REQUEST PAGE 1 REQ/JOB: WF0018643 / 001 PROJECT: DATE PRINTED: 10~0~00 REQUEST DATE: 9/ 27/00 CREW: TIME PRINTED: 8:29:08 SCHEDULE DATES LOCATION: S'i'~q/~'i': 9~27~0~ LOCATION ID: ZIP CODE: COMPLETION: 10/05/0 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: SPEED LIMIT ON HAGEMAN'RD. NEAR SCHOOL CONTACT M~. ~o~ ~TI~O ~one ~ ~ - ~7:~ ~' ~ Phone 2 - ) Bakersfield, CA 93301 REQUEST COMMENTS ***REFERRAL TO TRAFFIC ENGINEERING*** COUCH REQUESTED STAFF CONTACT MR. JOE SANTIAGO AND RESPOND WITH A LETTER REGARDING HIS CONCERN OF THE SPEED LIMIT ON HAGEMAN ROAD NEAR A SCHOOL. Job Order Description: SPEED LIMIT ON HAGEMAN RD. NEAR SCHOOL  at~gory: PUBLIC WORKS asK: RESPONSE TO REFERRAL Assigned Department: PUBLIC WORKS START DATE / / COMPLETION DATE / / MEMORANDUM ~' net - 6 2000 October 6, 2000 TO: ALAN TANDY, CITY MANAGER' FROM' JACK HARDISTY, DEVELOPMENT SERVICES DIREC~/~ SUBJECT: COUNCIL REFERRAL #WF0018644- BY COUNCILMAn[ COUCH CONCERNING GARAGE SALE SIGNS The attached letter is a follow up to a couple of long discussions my staff has had with Mr. Scales who wanted to have more garage sales and wider distribution of garage sale signs than the ordinance presently allows. JH:pah cc: John Stinson, Assistant City Manager Trudy Slater, Administrative Analyst P:\buildingdept\garage sale.ref.wpd BAKERSFIELD Development Services Department Jack Hardisty, Director Dennis C. Fidler Stanley C. Grady Building Director Planning Director (661) 326-3720 Fax (661) 325-0266 (661) 326-3733 Fax (661) 327-0646 October 6, 2000 Mr. Robert'Scales 6313 Landfair Drive Bakersfield, CA 93309-3679 Dear Mr. Scales: Councilman Couch has asked that we review your concerns about the ordinance's regulation of garage sales and signs for them. I understand you have had considerable discussions about alternatives to the ordinance with Randy Fidler, Chief Code Enforceme~nt Officer and Jim Eggert, Principal Planner. Mr. Eggert assures me that he has made notes in his ordinance book to remind him of your points the next time we take up the sign ordinance for review. And, although they were not able to accommodate your request immediately, it is my hope and expectation that they treated you respectfully and took the time to understand your point of view so that when the ordinance next comes up for review, we will be able to giVe it due consideration. Sincerely, Director OH:pah cc: Honorable Mayor and City Council Alan Tandy, City Manager Stanley Grady, Planning Director P:\buildingdept\scales.ltr. wpd City of Bakersfield · 1715 Chester Avenue · Bakersfield, California · 93301 OCT - 5 ; 000 B A K E R $ F I E L D C,.......~TYMANAGER'S('~: PUBLIC WORKS DEPARTMENT MEMORANDUM TO: ALAN TANDY, CiTY MANAGER FROM: RAUL ROJAS, PUBLIC WORKS DIRECTOR DATE: OCTOBER 5, 2000 SUBJECT: STREET SWEEPER WASTE DISPOSAL Council Referral WF0018637 1 001 Councilmember Couch requested staff look into a citizen's concern regarding the dumping of trash from a street sweeper at the east end of Coffee Road near the canal. Code Enforcement Officer Terry Buss was contacted bY the Street's Division and given the license number of the sweeper that was doing the illegal dumping in the area. Mr. Buss has assured staff that he will contact the company, which is local, and ask them to clean up their sweeper rubbish piles. He also stated that he was going to give them a week to clean it up, after making contact with them, or issue a citation. G:~GRO U PDAT~STREETS~CoffeeRoadVVasteDisposal.wpd ~- City of Bakersfield *REPRINT* REQ/JOB: WF0018637 / 001 PROJECT: DATE PRINTED: 10 0 00 REQUEST DATE: 9/ 27/00 CREW: TIME PRINTED: 8:29:13 SCHEDULE DATES LOCATION: STA/CI': ~27~00 LOCATION ID: ZIP CODE: COMPLETION: 10/05/00 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: STREET SWEEPER WASTE DISPOSAL REQUEST COMMENTS ***REFERRAL TO PUBLIC WORKS*** COUCH REQUESTED STAFF LOOK INTO A CITIZEN'S CONCERN REGARDING THE DUMPING OF TRASH FROM A STREET SWEEPER AT THE EAST END OF COFFEE ROAD NEAR THE CANAL. COPY OF RELATED CORRESPONDENCE AVAILABLE AT THE CITY CLERK'S OFFICE, FRONT COUNTER. Job Order Description: STREET SWEEPER WASTE DISPOSAL Cat~gory: PUBLIC WORKS TasK: RESPONSE TO REFERRAL Assigned Department: PUBLIC WORKS START DATE / / COMPLETION DATE / / BAKERSFIELD CITY MANAGER'S OFFICE MEMORANDUM October 6, 2000 TO: ALAN TANDY, CITY MANAGER FROM: TRUDY SLATER, ADMINISTRATIVE ANALYST III ~ ~ SUBJECT: ELECTRICAL UTILITY RATES INFORMATION (REQUEST OF COUNClLMEMBER COUCH) At the request of Councilmember Couch, staff has compiled information relating to California electricity rates and concerns over price spiking which occurred in the San Diego area during this past summer. The California Public Utilities Commission (CPUC) regulates privately owned telecommunications, electric, natural gas, water, railroad, rail transit, and passenger transportation companies. The CPUC is responsible for assuring California utility customers have safe, reliable utility service at reasonable rates, protecting utility customers from fraud, and promoting the health .of California's .economy. The Commission holds bi-monthly business meetings at which it issues decisions. It is requlred to issue proposed decisions and resolutions for public comment at least thirty days prior to the business meeting at which they will be considered. The Commission's calendar provides listings of upcoming hearings in formal proceedings, new filings before the Commission, notice of public meetings and exparte contacts with Commissioners and other decision makers. The Commission, consisting of five members appointed by the Governor, and working with a staff which have wide-ranging professional skills, monitors utility and transportation company operations that most affect consumers: · how much utilities charge for their services, · whether the products and services they provide are safe and reliable, · whether the utilities' investors have a reasonable opportunity to get a fair · rate of return on their investment. The Commission, thus, has the dual responsibility of protecting the interests both of consumers and of utility shareholders. According to Armando Rendon, Senior Information Officer in the CPUC Communications division, the Legislature mandated a rate freeze and imposed a 10% rate reduction on the electrical industry designed to move toward a California deregulated electrical power market. This is still in effect in areas not served by San Diego Gas and Electric. The CPUC can lift the rate freeze and 10% rate reduction when it determines that electrical industry competitors have Alan Tandy, City Manager October 6, 2000 Electrical Utility Rates Information Page 2 complied with certain requirements, such as selling off their "stranded" assets. When so determined by the CPUC, the industry can charge market rates (full deregulation). PG&E submitted (on Wednesday) a request to be able to charge back to customers, once the rate freeze and the rate reductions are lifted, the debt they have incurred by buying electricity at higher than expected prices. Southern California Edison has also submitted a request to the CPUC. Mr. Rendon felt certain there would be a public hearing on the issue. At this point, a hearing has not been scheduled. Staff will monitor. Please let me know if anything further is needed. (P:~AtI'/M0010061) .... ECT - 5 2000 PUBLIC WORKS DEPARTMENT MEMORANDUM TO: ALAN TANDY, CITY MANAGER FROM: RAUL M. ROJAS, PUBLIC WORKS DIRECTOR J~.--~.%_~ ~ DATE: October 4, 2000 SUBJECT: Informal COUNCIL REFERRAL WF_NONE_IO01, WARD 4, UNSAFE TRAFFIC CONDITIONS ON COFFEE AT TRUXTUN. "COUCH REFERRED A COMPLAINT FROM MR. CHARLIE BARFIELD REGARDING THE UNSAFE CONDITION ON COFFEE AT TR UXTUN. " The Traffic Engineer called Mr. Barfield regarding his complaint about unsafe conditions on Coffee and Truxtun. The Traffic Engineer had talked with Mr. Barfield several weeks ago regarding the left turn into the shopping center/restaurant at the southeast corner of Truxtun and Coffee. Mr. Barfield was requesting that the City close the left turn lane that begins immediately south of the intersection of Coffee and Truxtun and turns into the driveway in front of Frugatti's Restaurant, crossing four lanes of northbound traffic on Coffee. The Traffic Engineer agreed with Mr. Barfield that this median opening left turn is not desirable. The left turn lane is much too short and It is a traffic problem adding to congestion with potential conflicts. The median opening might not be allowed if proposed today. The Traffic Engineer told Mr. Barfield that the median opening would be difficult to close today because it was allowed under an agreement with Tenneco Land Development (before it was bought by Castle and Cooke) by the City Council in the early 1980's. The right to the left turn access across the median and four lanes of traffic runs with the land and subsequent owners of the land. To eliminate the left turn median may require the City Council to amend the agreement with the land owner of the development. Mr. Barfield indicated that he would still like to see the City close the opening to prevent future accidents. The Traffic Engineer supports closing of the median left turn opening if other access acceptable to the property owner is possible. RECEIVED cc: Traffic Engineering File ='='=~'=='="~ ,' OCT - 5 2000 slw: S:\WP\CC_REFS\WF__NOUE.TruxtunCoffeeShopCtrLftTurn.wpd C~TY MANAGER'S OF :~ Page 1 of I WHILE YOU WERE OUT Tol~phonod ~ ~oturnod Call ~ Please Call i~ Was In Please See Me ' Will Call A~in ,~11 Return ~po.ant ~AVERY REORDER NO. 47~6 ~ Made ~th R~I~ Pa~r ~:~ .: . MEMORANDUM October 6, 2000 TO: ALAN TANDY, CITY MANAGER ,/~,~ FROM' JACK HARDISTY, DEVELOPMENT SERVICES DIRE SUBJECT: COUNCIL REFERRAL #WF0018452 BY COUNCILMAN~OUCH COMPLAINT BY ELAINE FLEEMAN ABOUT PLAYHOUSE. Mrs. Fleeman complained about a playhouse built next to her yard by a neighbor. It is 11 feet, 10 inches high and overlooks her back yard and master bedroom. Code Enforcement responded and required safety rails be installed. Since the structure was built under the previous ordinance permitting accessory structures to be 12 feet high, it could not be eliminated. As a follow up, I talked to her about the structure. There are no CC & R's that would be applicable. We reviewed various alternatives which she might consider such as patio covers and evergreen trees. She did not think talking to the neighbor would be effective. She had already tried that. This is one more of a series of conflicts they have had over the past seven years. JH:pah cc: John Stinson, Assistant City Manager Trudy Slater, Administrative Analyst P:\buildingdept\playhouse.ref.wpd B AK~E R S FIELD PUBLIC WORKS DEPARTMENT MEMORANDUM TO: ALAN TANDY, CITY MANAGER FROM: RAUL M. ROJAS, PUBLIC WORKS DIRECTOR~ .. j DATE: OCTOBER 3, 2000 SUBJECT: COUNCIL REFERRAL WF0018641/001, WARD 4, LIBERTY HIGH SCHOOL ACCESS. "COUCH REQUESTED STAFF RESPOND IN WRITING OR E-MAIL MR. WILLIAM P. KIMBRELL REGARDING THE LACK OF VEHICLE ACCESS INTO LIBERTY HIGH SCHOOL. STAFF TO PROVIDE COUCH WITH COPY OF RESPONSE. COPY OF RELATED CORRESPONDENCE AVAILABLE AT THE CITY CLERK'S OFFICE FRONT COUNTER." The Traffic Engineer responded to Mr. Kimbrell via e-mail since no mailing address was available. A copy of the e-mail response is attached. cc: Traffic Engineering File slw: S:\WP\CC_REFS\WF0018641 .LibertyHighAccessRoad.ref. wpd Page I of 1 From: "phil kimbrell" <kimbrellp@hotmail,com> To: <city__council@ci.bakersfield.ca.us> Date: Fri, Sep 15, 2000 1:12 PM Subject: Liberty High School access Dear council members, I am a parent of two students at Liberiy High $¢hool, and I am very concerned about the lack of vehicle access to the school. Currently, there is only one, two lane street available to ac(ess the campus. Libed~/High School has an enrollment of over 1800 students and it was very apparent at back to school night last tuesday that access is a problem which will only get worse as the student population expands. The bottleneck in traffic caused at least one traffic accident tuesday night. I could not help wondering what $or1 of emergency evacuation plan would be possible for the school. I am very concerned that if some disaster, either natural or man made, were to occur our kids would be trapped due to the lack of available escape routes. I would like to know when the oi~/will be finishing the overdue road improvements in the area. Thank you for your prompt response, William P. Kimbrell Get Your Private, Free E-mail from MSN Hotmail at http://www, hotmail.com. Share information about yourself, create your own public profile at http://profiles.msn.com. Distributed to: Mayor-- ~_. Council ,-'---- City Mg¢.. City Atty. Other By City Clerk Date_ From: Steve Walker 'To: inet:kimbrellp@hotmail.com Date: 10,3,00 1:38PM Subject: re: Liberty High School access Dear Mr. Kimbrell, Your recent email to the City Council was referred to me for response to your concern. The City of Bakersfield has little control over the siting and construction of schools. All permits, plan review and construction are done by various State agencies since it is a public school. Because of this,'the various school districts sometimes choose to do the bare minimum to build infrastructure, such as roads, to service a school. In this case, the State only required that the Kern High School District build a minimal two lane road to serve the school. The City would have preferred that they build more than the minimum the State required with the construction of the school, but the access· met minimum standards for both the City and the State.. Since nearly all roads in the metropolitan area are initiated and built by adjacent developments, such as a residential subdivision or shopping center or even a school, the City does not normally build roads. On a positive note, this area is. rapidly expanding and there are development plans currently being processed that will result in homes built around the school. This new housing development will provide more roads, as well as widen the existing road in front of the school. This is expected to occur over the next one t° three years. I hope this information is of help to you. You may wish to contact the Kern High School District regarding the congested access they built to the school to see if they have any interim plans to solve their problem in the near future, until area development is complete. Please contact me if I can be of further assistance. Stephen L. Walker .. Traffic Engineer - Public Works Department City of Bakersfield, California (661) 326-3959 swalker@ci, bakersfield, ca. us CC: Jack LaRochelle ¢ ~_~ City oi Bakersfield WORK REQUEST PAGE 1 '~EQ/JOB: WF0018641 / 001 PROJECT: DATE PRINTED: 9Z29Zoo REQUEST DATE: 9/27/00 CREW: TIME PRINTED: 15:27:16 SCHEDULE DATES LOCATION: START: 9~27~00 LOCATION ID: ZIP CODE: COMPLETION: 10/05/00 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: LIBERTY HIGH SCHOOL ACCESS REQUEST COMMENTS ................. · *M'REFERRAL TO TRAFFIC ENGINEERING*~. COUCH'REQUESTED rSTAFF RESPOND IN WRITING OR E-MAIL MR. WILLIAM P. KIMBRELL REGARDING THE LACK OF VEHICLE ACCESS INTO LIBERTY HIGH SCHOOL. STAFF TO PROVIDE COUCH WITH COPY OF RESPONSE. COPY OF RELATED CORRESPONDENCE AVAILABLE AT THE CITY~ CLERK'S OFFICE FRONT COUNTER. Job Order Description: ~LIBERTY HIGH SCHOOL ACCESS Category: '~RUBLIC WORKS Task: RESPONSE TO REFERRAL Assigned Department: PUBLIC WORKS START DATE / / COMPLETION DATE / / BAKERSFIELD CITY-MANAGER'S OFFICE MEMORANDUM October 4, 2000 TO: ALAN TANDY, CITY MANAGER FROM: TRUDY SLATER, ADMINISTRATIVE ANALYST Ill ~¢'~~ SUBJECT: REQUEST FOR STAFF RECOMMENDATION ON PROPOSITION 35, PUBLIC WORKS PROJECTS. USE OF PRIVATE CONTRACTORS FOR ENGINEERING AND ARCHIT. ECTURAL SERVICES KNOWN AS "FAIR COMPETITION AND TAXPAYER SAVINGS INITIATIVE" Proposition 35, Public Works Projects. Use of Private Contractors for Engineering and Architectural Services, is commonly known as the "Fair Competition and Taxpayer Savings Initiative." It is supported by the special interest "Taxpayers for Fair Competition" group, and City officials as well as other community organizations have been heavily lobbied for support. According to the State Legislative Analyst, under California constitutional law, services provided by state agencies generally must be performed by state civil service employees. Unlike the state, local governments are not subject to constitutional restrictions on contracting for services. Under certain conditions, contracting is allowed. State and local governments frequently contract with private firms for construction-related services, which include architectural, engineering, and environmental impact studies. State and local governments enter into these contracts through a competitive process of advertising for the service, selecting the firm determined to be best qualified, and negotiating a contract with that firm. However, neither the state nor most local government entities use a bidding process for these services. Proposition 35 proposes to amend the State Constitution to allow the state and local governments to contract with qualified private entities for architectural and engineering services for all phases of a public works project. The proposition defines the term "architectural and engineering services," specifies that all projects in the State Transportation Improvement Program (STIP). are covered by the requirements of the proposition, and requires architectural and engineering services to be obtained through a fair, competitive selection process that avoids conflicts of interest. (The proposition would probably have the greatest impact in the transportation area.) Costs of state services would vary from project to project, in some cases higher to contract out and in others not. Contracting for state services could be faster than hiring and training state Alan Tandy October 4, 2000 Proposition 35: Public Works Projects. Page 2 Use of Private Contractors for Engineering and Architectural Services known as "Fair Competition and Taxpayer Savings Initiative" employees in times of peak workload. The ability to contract for state architectural and engineering services could also result in construction projects being completed earlier. At the State level, the proposition appears to be sound. However, it clearly extends beyond the state and becomes a local control issue for municipalities if the proposition is passed. The League of California Cities has taken a position of support on Proposition 35, believing this measure will assist in expediting completion of the backlog of state transportation projects. Concerns with-the proposition listed in an Attorney letter of May 1999 apply specifically to the City of Bakersfield. 1) 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. 2) 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. 3) 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. 4) The proposition clearly states it "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." This expands the areas of statewide concern with the attendant loss of local control. 5) The proposition does not define its "fair, competitive selection process," which may lead all the way from confusion to litigation over currently existing processes, causing unnecessary impact at the local level and further erosion of local control. The City Council, as a body, traditionally has felt that the initiative process is a decision to be- made by.the voters and 'has been loath to take a-position on a proposition unless it is clearly beneficial or detrimental to the City of Bakersfield. Therefore, staff recommendation is to not take a .position on Proposition 35. (P:~AT/M0010041) cc: Bart Thiltgen, City Attorney Alan Daniel, Deputy City Attorney  CONFIDENTIAL - PROTECTED M E M O R A N D U M BY ATTORNEY-CLIENT AND ATTORNEY WORK-PRODUCT PRIVILEGES October 5, 2000 TO: HONORABLE MAYOR AND CITY COUNCIL FROM: BART J. THILTGEN, City Attorney ~ /L-'~/~_ ~"'o,~, ~ SUBJECT: Council Referral No. WF0018640 1 001 from Jon Paul White ~5~-~-,'~'~.~,,7 Correspondence City Council member David Couch requested this office to respond to the Council regarding the issue surrounding the allegations of Mr. Jon Paul White against the Greater Bakersfield Convention and Visitors Bureau ("GBCVB"). These allegations had been sent directly to this office in a letter dated September 18, 2000 from Mr. White. Attached to this memorandum is a copy of a response letter this office sent to Mr. White dated September 27, 2000. While the City of Bakersfield provides a substantial amount of funding to GBCVB, Trudy Slater is a Board member, the City Clerk's office tabulates the Board elections, and the City Attorney assists in bylaws revisions, the GBCVB is a separate, non-profit entity with no ties to the City of Bakersfield other than a contractual relationship. Therefore, the City has neither a legal nor equitable oversight responsibility when personnel or other legal proceedings are initiated against the GBCVB. In fact, the contract between the City and GBCVB requires GBCVB to indemnify and defend the City in the event such proceedings are initiated. In summary, therefore, our response to Mr. White was appropriate and in the best interest of the City. Any other action by the City to become involved in this matter could, theoretically, subject the City to litigation exposure by an assertion that the City had waived its right to be indemnified and defended. BJT:laa cc: Alan Tandy, City Manager S:\COUNClL\Referrals\White, Jon Paul re GBCVB.wpd CITY ATTO R~NEY Bart J. Thiltgen ASSISTANT CITY A~EY R~ M. S~ DEP~ C~ A~YS Allen M. W~r H. Po~, Ir. ~ ~. m CITY OF BA~RS~LD J~ice ~ ~gi&a ~n~ O~CE OF~ C~ A~Y ~w C. BA~S~D. CA 93~1 ~~ ~I~T ~fi,A. A~i~ ~LEPHONE: ~1-326-3~21 FACS[M~E~ ~ U8~2-2020 September 27, 2000 Jon Paul White 2400 Calvin Street Bakersfield, California 93304-4820 RE: Greater Bakersfield Convention and Visitors Bureau Dear Mr. White: Thank you for your letter of September 18, 2000, directed to the City Attorney's Office. Unfortunately, the letter you received from the Attorney General's Office, advising you to contact the City Attorney, was incorrect. The City Attorney's Office only represents the City of Bakersfield in civil matters and .has some limited jurisdiction in certain criminal matters involving violation of the Bakersfield Municipal Code. I have reviewed the documents you sent this office and it would appear that the matters you have addressed are civil in nature. Unfortunately, the City Attorney's Office cannot represent individual citizens in civil matters, and we would therefore suggest you contact a private attorney in this matter. Very truly yours, ROBERT M. sH'ERFY ¢~ Assistant City Attorney RMS:dlr BAKERSFIELD CiTY MANAGER'S OFFICE MEMORANDUM October 4, 2000 TO: ALAN TANDY, CITY MANAGER FROM: TRUDY SLATER, ADMINISTRATIVE ANALYST III ~ ~ SUBJECT: GREATER ~BAKERSFIELD CONVENTION AND VISITORS BUREAU FUNDING SOURCES The Greater Bakersfield Convention and Visitors .Bureau (CVB) receives-approximately 76.3% of its income from the City of Bakersfield to publicize the benefits and advantages of the City as a destination center for holding conventions. Specifically, the CVB solicits and services meetings and conventions, creates promotional written materials, responds to visitor inquiries, promotes or produces special events to draw attention to the area, enhances public relations and promotes attendance at trade shows. The City's portion of the CVB's budget is based on a three-year contract it has with the City (Agreement #00-141) wherein the City provides to the CVB 11% of the estimated upcoming fiscal year's transient occupancy tax. That amount for fiscal year 2000-2001 is $550,000, which is paid out in 12 equal payments to the CVB. The primary sources of revenue which support the CVB's $720,500 budget for fiscal year 2000- 2001, other than the City, come from its Sports Marketing Council (15.3%), membership (5.'8%), cooperative marketing efforts with other organizations (1.7%) and interest, merchandise sales and miscellaneous (0.9%). (P:~,m/u0010042) BAKERSFIELD CALIFORNIA ,October 5, 2000 CITY COUNCIL Bob Price Mayor Abbas Grammy Irma Carson Professor and Chair of Economics, CEER Director Vice-Mayor w~,~ Sriram Krishnamurthy Patricia DeMond Instructor of Economics, CEER Co-Director Ward2 Department of Economics Mike Maggard California State University, Bakersfield ~VardS 9001 Stockdale Highway Bakersfield, CA 93311-1099 David Couch Ward4 Gentlemen: Randy Rowles Wa'dS i would like to express my thanks to both of you for sending me the current by-laws and the list of members of the Board of Directors for the Center for Jacquie Sullivan Economic Education and Research. I am looking forward to working with Wa,-d6 both of you and hope to.meet with you as soon as I can. I appreciate this Mark Salvaggio opportunity to contribute to your efforts to provide a valuable resource to our Wa~d ? community. Sincerely, C©PY David COuch Councilmember, Ward'4 1501 Truxtun Avenue · Bakersfield, California 93301 · (661) 326-3767 ° Fax (661) 323-3780 Department of Economics California State University, Bakersfield 9001 Stockdale Highway Bakersfield, California 93311-1099 661/664-2460 FAX 661/664-2049 E-mail: econdept@csub.edu Councilmember - Ward Four City of Bakersfield City Hall, 1501 Truxtun Avenue Bakersfield, CA 93301 Dear tMr. Couch: Thank you for accepting our invitation to serve in the Board of Directors of our Center for Economic Education and Research (CEER). We will greatly benefit form your expertise and experience to enhance economic education in Kern County. We will contact your office soon to arrange a time for us to meet. Enclosed are the current by- laws and list of the Board members for your information. We will look forward to meeting you. Sincerely yours, Abbas Or Professor and Chair of Econo,m/cs CEER Director Sriram Krishnamurthy Instructor in Economics CEER Co-Director The California State Universi~ - Bakersfield. Channel Islands - Chico- Dominguez Hills- Fresno- Fullerton - Hayward - Humboldt- Long aeach - Los Angeles - Maritime Academy Monterey Bay- Northridge - Pomona- Sacramento- San 8emardino - San Diego- San Francisco- San Jose- San Luis 0bispo - San Mafcos - Sonoma - Stanislaus ~Aderns SCl158 DATE SUBJECT ~Adams SCl158 / ~,A~Jams SC1158 From: AlamChdstensen ~ To: Rhonda Smiley Date: Fri, Sep 22, 2000 9:18 AM Subject: Paul Kay Letter Per Mr. Kay's request, we have looked into the matter and it is clear that the linear lane, while wider that normal, is not a park but a landscaped area adjacent to the RiverLakes Ranch development. The city's responsibility in these situations is to maintain the strip, and we will or have obtained an easement for that purpose. However, the property should continues to be owned privately like it is throughout the city. Regarding the two strips on Hageman Rd. that were offered to the City by Mr. Kay, we found that they are not large enough to develop as parks. Don Anderson was able to assist Mr. Kay by asking the County to eliminate property taxes in the future. However, the County was unwilling to reimburse past property taxes. Mr. Anderson is following up with a letter to Mr. Kay. ://-/ Aug'-29-'O0 04:04P Frui%vale 'ProPerties, LLC 661 588-0965 P.01 TRANSMIT ~A F~: 7 ~s ~ 327-~17 August 29, 2~ Mr. David R..Cou~ Ci~ ~un~l Member (W~d 4) Ci~ of Bakersfield, City ~n~l 1501 T~tun Ave. Bake~ield CA 93301 Dear David: SUBJECT: ~ndsca~ ~ght-~.Ways ~ank yeu for your time on ~e phone today. Enclosed ~ ~e ~25/00 le~r and a~ments ~at we sent to Mr. Don Ander~n at ~e Ci~. Mr. Ander~n ~led ~y ~ follow up, ~d was most helpful. He said ~at he would ~11 ~e Coun~ mgard~g ~e p~ ~ mawr dis~ssed in ~e ~er, and ~at he would t~ to find out why ~ere isn't now an easement ~r ~e 'Ii.ar lane' lands~pi~ and pa~way on Coff~ Road. He ~s also helpful in ~laining ~t ~e Ci~ ~s b~n asked by other landownem ab~t the ownership issue r~arding [ands~pe strips (~i~, by ~e way, ~e 'linear ~ane= is techni~lly just a ve~ wide and long lands~pe s~p - and it is inQuded in ~e maintenan~ di~fict). Hoover, he ~id ~e Ci~s position is ~at it doesn't make sense for ~e Ci~ to a~pt the liability of su~ stdps, so d~s not take ~ersh~p ~ ~em. Of ~ume, ~at's predsely ~e problem that we and o~er la~ owners in town have: we are ~e title holders of land ~at we ~n not use, ~at we do not ~n~ol, and ~at ~st be open for any and all dgh~ul uses by ~e general public, a~ yet we are compeil~ ~ ac~t ~e underlying li~bili~. At ~e ve~ least, we think it is reasonable for ~e Ci~ to ~e an ~sement over t~e "linear lane' land--ping. We are also hope~l ~at ~e Ci~ ~n ~ge i~ position regaling o~emhip of lands~ st~ps in general. Citing ~e Hageman Road e~mples given in ~e en~os~ leEer, under ~e cuffent poli~ F~i~aJe Prope~es will be ~e owner ~ ~ese ~ ~ny s~ps of land 200 and more yearn from now. Just as Castle & Cooke will ~ in the ~u~west, and other develo~rs in o~er pa~s of town. We'll all be long gone by ~en, but ~e Ci~ will still be in exismn~, ~ndedng ~o are ~ese F~itvale and C&C guys who have tit~ = all their lands~ s~ps~ Sincere[y, Plannin~ & Development Dire~or for F~itvale Prope~es, LLC Enclosure OC~h_8~Q.d~ 4560 Col'lee Fl~3acl #C · Bakersfield, CA 33,.'q38 · 861,588,0301 · Fax 661,588.096.5 Aug-29-O0 0¢:05P Fruitvale' Properties, LLC 661 588-0965 P.02 P 'verl akes nch A ma~ter pl~nne~ gol( coe~muniby August 25, 2000 Mr. Don Anderson City Property Manager City of Bakersfield 1501 Truxtun Ave. Bakersfield CA 93301 Dear Don: SUBJECT: RiverLakes Ranch: Coffee Road ULinear Lane" Lat~ last year we met'during discussions for the purchase by the City of a water tank site in Rivert.akes Ranch. At that time, w~ also discussed the 'linear lane' along Coffee Road. This is a park area that follows the t~wer lines on Coffee, and is dedicated t~ and maintained by ~e City, and is open to the public. I brought up the fact that we are stilt owner of land, and tt~t it is our fervent desire to NOT be for masons of liability. At the time you said you'd look into it, but in the meantime and at the very least you'd see to it that the assessed value was zero for property tax purposes. I'm writing to let you know that we o3ntJnue to pay taxes on the land (see enclosed bills and reference maps), and have been since 1996 when the first half-mile of l~e park was completed (Lot A of Ph. I Tract 53~3, APN 4.94.040-16, 4.59 acres). In 1997, we completed another half mile of park south of Hageman (approximately 2.62 acres is APN 494-02-28 (see attached map and tax bill), and another approximately 2.2 acres being part of AP N 451-010-01). This year the balance of the park, located north of Olive, will be c~mpleted. It's 3.12 a~es, divided as Lot A of Tract 5920. approx. 1.3 acres, and the balance is approximately 1.82 acres being part of Parcel 1 of Parcel Map 10557, APN 494-350-02. Note that, accor(~ing to our title company, them are no easements that cover these areas. We reiterate our plea to have the City take title to the land, and also have the property taxes removed. we would also ask that we be reimbursed for property taxes paid through 2000 on the portions of the park already completed. On a related matter, we are also the owners of record for two tiny stdps of land on Hageman Rd. that constitute lanc[.scape rights.of-way (see encJosed copy of Trect 5891). Unlike most other similar situations in the City, we own nothing adjacent to these s~ips. Although we don't think we get a property tax bill for these strips, we think it makes no sense to own them. As with the linear lane park areas, we would very much like the City to take ownership. Thank you for helping us on this ma~ter. Please.call me-to discuss any questions or comments. I can be reached at 588-0301. Sincerely, Paul J. Kay, Planning & Development Director for Fruitva[e Properties, LLC EncJosures COPY; E~. McFadand ~ou'tE: B. Godfrey 'l..[ COB WalerTan~ 4560 Colfne Roa~l #C o ~akem~ield. CA 93308 · 661.588.0301 · Fax 661.588.0985 Aug-2-9-O0 04:05P Fruitvala Properties, LLC 661. 588-0965 P.03 ~r. ~.~. 1 ',. ~ ~,~ ~,-~r,;,~~ -. ~. . a~ . ~ [ ~/F'c' ~. ~g~ ~I1' , ZONING MAP 102-20. · ... ',=.,~..~, · Aug'29-O0 04:05P Fr'ult, va'ie Pr-oper'l:,le$, LLC 66[ 588-0965 =O[I~TY I.ik KE~N, GTATC (~1 ~IkORNIA I 11~ TRU~N AVl., ~ERSr II 1.0. ~A 0~¢01 4640 M~NDAy S?, 382 0 0 ; 0 ; 53,382 ¥~LJll CANCELLED C.:l ii C:K I.cl YOUR RECEIPT 0 O'l -22 5 7--00;~ ~' '~::" :'-:~ ........ S?, 382 ,,,A ,,,,~u 1.141344 '] 999 - AUTOCR"C~4 .o.,.~,~ ~.o.. 2000 1930 22ND ST BILL .':~u ,~.- -.. :~-,,, ~, ,~', ,,, ..... ,,: 654 . 9~ II,l.,~ll,,.,Ihll,,,,,,ll,,l[,i,,hll,,,,,,ll,,Ihlh,,i,h,I  SECOND INSTAl [ MI NI 327.46 ~---- ~ ;AX SCAL[ Ii IJlO DF AJI INCH ' ~-~-02 T.'29 ~. R. 27 E. s~Hoc~ ~.~' /-22/ ~"~i - ~'~ 6'~ : ~ ........ - ~,'_ .L~: '~,~..~ .... · ..~ ...... ................. ~__ __"~.~:--~ __ · "' ' ........ l:i ~ ~ I' :' ;'~ ~"" i . . . (:-...._... ~........ . .~ . · : · ' I ~ '~,~ ,"~.'~ I. ~ ,-~ .~ ~. · ~ ~.'. ,- '.. . ;. ,'.;":" .:~ '..'":: ~ / .o I - ~ " "x "~ i '"" " ' ,,,t: '~.?" ~'~. '-~: ..... i O . . .L././' .-~ ~. ' ~ .' ~.~ // I, . . ~'. ~.;,. ~ ..~:"~: i:; 0 .~ ~: :/ ~' ."'"' ~'' ~' ...... I:-/. X'~c'--..~.-~'.~, ,, ,. ,.~- -~.: ' ..... .: ~ ~ ~ ~,.,.. ~ ~ ~ '.-..,.~.,~//. .,. . . ~ ~--...~%~ ,. , ' ~ ~ ~' ~. ~ .... ~ ~ ,.. ..... ~ .., ,r ~i~-'~E~/..- ~'~ 'X ~ , , '~ ~-~ : ,. ~: .~,. ~-~ ..... , ~ ~. ...- . , .. · ~ ~7~ .' ~- ~ '. I . ;:: :-~ ,:~::'. ::.::: ........ '~.. ' -,-,. ,,-,,, ........ · ....... ,~,,.,, ASSESSORS MAP Nn 49~ ~.~.:'~ ..... '~""' .... *~:." ............ '~ ......- COUNT~' OF KERN Aug-'~9-O'O 04:06P Fruitvale ProPerties. LLC 661 588-0965~ P.06 .OhJ ~ C¢)f~O[ ~OAt ED l~X t;tAt rMCN ~ MAKE CFI~CK~ PAYABLE T~: I ;EN L~ ~VT 1.000000 403.50 K~A ZN 7 DEBT [ 0.039232 ~ 15.82 .<~A ZN ~? DEBT 0.0~3500 5.44 K~A ZN 19 DEBT 16.71 ~,'RUI'~ 94A ~ 0.032372 [3.06 ~UI~ 94B O0m : ~ 0.041433 I i ~[IS ~~G 96A 0. 026492 10.68 i ~UI~ DBT ~C ' 0. 118639 47,86 . .<~A ~ ~ D~T 0.008894 3.58 I 0 , ' 40,346 ~ 0 0 0 0 40,346 PO ~OX 3006 NEWPORT B~CH CA 92~5g~530 PHOPER~ ,~.x ,,~ r~,a,~o., ,.: .... ~ :i'.~,, 7 ' ' 52~ 3b B£1NG A DIVISION Of- A PORTION Of 1HC $OUTH£AS10U^RTER OF~ ~ ' .~ ~,, ~.. SEC~ON 17. TO, SHIP 29 S~IH. RANGE 27 EAST. M.D.~.~ ~. I*~ ~ ..... C~NTY OF KERN. S~A~ OF C~IFORNIA CONTAINING 14.184 ACRES; 57 NUMUERED LO1S; 2 LET1[RED LOTS ' · · . :.~i'.: : :-' - ., I . I I.?,~ ' '. ": ! 0 .... ' '"~ ': '.-, ',:' ~ "' .... · .... ,... .......... .,~ 0 .~ ~-~. .'.. :~.: .~. 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OI BAKERSFIELD CITY OF BAKERSFIELD 1501 Truxtun Avenue Bakersfield, CA 93301 (661) 326-3751 Fax: (661) 32471850 FAX TRANSMISSION To: Councilmember David Couch Date: September 27, 2000 (A'I-I': Shelly) Fax #: 32.7-9417 Pages: 2 Pages (including cover sheet) From: Rhonda Smiley City Manager's Office Subject: Follow up information to referral COMMENTS: Regarding the inquiry from Paul Kay/Fruitvale Properties, here is the letter that was referenced to in your referral response packet last week. SEP-27-O0 NED 09:25 CITY [1RNC, GER'S OFFICE FttX NO, 6613241850 P, 02 B A K E R S F'I E L D September 26, 2000 Fruitvale Properties, LLC Attn: Paul Kay, Director -4560 Coffee Road, Suite C Bakersfield, California 9330~ SUBJECT: River Lakes Ranch: Coffee Road "Linear Lane" Dear Mr. Kay: This letter is in response to your letter of August 25, 2000, regarding the "Linear Lane" adjacent to Coffee Road and landscape strips within your development. City staff has investigated the history of the these properties and has determined that the "Linear Lane" is truly a landscape strip created as part o£the Riverlakes Master Plan to incorporate thc high voltage tower lines. Typically, landscape strips adjoin streets which are easements, so it does not make sense to acquire a fee simple interest in the landscape strips. Consequently, I can not recommend we acquire the fee simple interest in the "Linear Lane" or landscape strips. HoWever, I have better news on the property tax issue. I spoke with Kathy Tuck, Chief Appraiser with the Kern County Assessors Office and after conducting her research she indicated the "Linear Lane" will not be assessed in the future. ! hope this answers your questions, if not please do not hesitate to call. Si~lccrely, //~ ~ ~A n derson Senior Real Property Agent cc: Alan Tandy, City Manager Gregory J'. Klimko, Finance Director Alan Christensen, Assistant City Manager Start Ford, Recreation and Parks D~rector Raul M. Rojas, Public Work~ Dh-ector City of Bakersfield * Property Management Division * 1501 Truxtun Avenue Bakersfield · California * 93301 (66'I) 326-3061 ° Fax (661) 324-7483 property@cl, bakersfield .ca. us Sep-25-O0 02:41P Fruitvale Properties, LLC 661 588-0965 P-01 FAX MEMORANDUM 0Al'E: September25, 2000 COPY: None / ,'~. \'~ TO: Davicl Couch 327-9417 ROUTE: None No. of pages sent. including this cover page: 6 SUBJECT: RiverLakas Ranch: Agricultural Use/Ag Waste' Disposal Last week we spoke on the phone regarding a couple of matters. The first was a progress check on the 'easement' status of the Coffee Road linear lane landscape areas. Thanks again for following up on that; we look fon~ard to hearing the results of your inquiry. The second matter dealt with our inability to bum agricultural waste (tree branches and stumps) in an area of our old almond orchard. Following is a letter that provides some details to give cladty to our dilemma and our specific request for help. I also have some different information regarding the City green waste facility from what I provided last week. I learned this morning that the green waste center will take the branches if we deliver them, but not the tree stumps - last week I incorrectly informed you that they would take neither, i hope that error didn't cause any problems for you or anyone else. Because of the cost of trucking and the fact that the tree stumps would still be a problem, the tree removal company we're using told me this morning that what they really need is a burn permit from State air quality control. The contractor was able to get one for an area south of Hageman Rd., but not for the area next to our golf course. Hopefully, you are able to contact the right person at that agency who'll understand that despite the residential zoning, and the use of adjacent land as a golf course, it is intended by ordinance (i.e. the Specific Plan) to have an agricultural operation on undeveloped land in RiverLakes Ranch, and that without the burn permit we can't clear the land sufficiently to allow for crops. We have to think that ag use is better for air quality than weeds (pollen) and open.dirt (airborne dust), and that burning is preferable to the fumes generated from scores of semi-trailer trips to the dump[ Thanks again, David. Please call me with your questions and comments. I'm at 588-0301. COM... IDCouch_gPSOOfox,d~.:,¢: 4560 Coffec Road..Suite C - 6c3ke~stield. (;^ <)3308 · 'lei. (66 l) 588-0.301 · FAX (&,51 ) 588-0965 Sep-25-O0 02:41P Fruitvale Properties, LLC 661 588-0965 P-02 l 'verl kes n ch A masmr planr~Jd ~olf cornmun~'y September 25, 2000 Mr. David R.. Couch City Council Member (Ward 4) City of Bakersfield, City Council 1501 Truxtun Ave. Bakersfield CA 93301 Dear David: SUBJECT: Riverf..akes Ranch: Agrioultural Uae/Ag Waste Disposal Thank you for your time on the phone last week, and agreeing to ask a few questions on our beha/f regarding the above subject matter. ! thought it might be helpful to provide you a few details for puq~oses of your inquiry. First, an ouUine of the issue. We have a few hundred acres of land that had been used for an almond orchard. This orchard reached the end of its economic life a couple of years ago and the golf course was built on part of it. At that time we contracted with a firewood company to remove the trees and use them for firewood and chipped material for the golf course and the cogen plant. Normally, the remnant material of tree branches and stumps would be burned on-site, a common agricultural practice that's cost effective, efficient, and helps tatum nutrients to the soil. Then, as the ground is cleared, the land can be retumed to ag production until such time as it is developed, In this case, the firewood contractor has himself planned to plant a safflower crop. This contractor does have a valid bum permit for part of the old orchard (see enclosed map). However, he has reported that for a couple of years he has been unable to bum the waste material in certain other areas. He tells us the air quality control agency won't issue a bum permit because the orchard land is zoned for residential use and we built a golf course on part of it, so it is no longer an agricultural operaUon. While it is true that the land is zoned for residential uses, and we have posted signs to this effect as marketing and public notice tools, it is also true that our Specific Plan provides for the continuation of agricultural uses until such time as development takes place (see enclosed copies of Sections 6.2 (par. 1) and 12,4 (par. 1) of the Specific Plan). Ag use prior to development is an integral part of the Specific Plan, but it is not feasible unless we can properly clear the land using standard agricultural practices. The contractor has explained to us that the alternatives to burning are delivery of the material to the City green waste center (they'll take the branches but not the stumps), or trucking the waste to the solid waste facility and paying the required dump fees. Truc_.king the material to either location is very cosily, the dump fees are likewise expensive, and neither cost can be supported by the revenue generated from firewood or crops. In the meantime, because the land is strewn with piles of branches and stumps, the contractor can't plant his safflower crop. The contractor informs us that the crop matures in about 90 days. He has lost many potential crop rotations due to the inability to burn the waste material, and will continue to lose such planting and harvesting opportunities as time goes on. One area in particular along Calloway Dr. and south of Nonis Rd. is scheduled for development mid- next year and could be used for at least two crops if the branches and stumps could be burned. 4560 Coffee Road ItC., Baker~lield, CA 93308 · 661.588.0307 · Eax 601.588.0965 Sep-25'-OO'O2:41p Fruitvale Properties. LLC 661 588-0965 P-03 Mr. David Couch September 25, 2000 Page 2 The removal cost and farm revenue issues aside, we hope you agree that is better to t~ave an active agricultural operation on othen~ise amble land than it is to simply let Ihe land lie fallow and covered by unattractive sticks and tree stumps, We t~lerefore are also hopeful that, with the enclosed excerpts from the Specific Plan allowing ag uses on residential lancl in RiverLakes Ranch, you may be able to assist us in convincing the air quality control agency that on-site burning Is permissible. If that effort fails, we can still pay to truck the branches to the City green waste facility, but will be at a loss as to how to deal wjlh the hundreds of old tree stumps. Again, we truly appreciate any help you can offer on this matter, Please call me at 588-0301 and I'll be ' happy to answer any questions or comments you have. Thank you. Sincerely, Paul J. Kay, Planning & Development Director for Fruitvale Properties, LLC Enclosures DCo~a;h_9250Q.doc Sep-25-O0 ,02:42P Fruitvale Properl;ies, LLC 661 588-0965 P-04 ~ t~'verl~akes Ranch [9(×)-AC~ MASTER-PL~N'NED ('JOLF CO~t.J~l'~ c~ex 35 . 652.77 0~ ~T~ 5ep-25-00 '02:42P Fruitvale Properties, LLC 661 588-0965 P-05 .... RiVerLakes Ranch Specific CONSERVATION/OPEN SPACE SECTION VI 6.1. OBJECTIVES 1. Provide adequate facilities to serve the recreational needs of the residents within the Specific Plan area as required by the North Bakemfield Recreation and Park District. 2. Provide for a wide variety of recreational and open space opportunities integrated within the overall community development. 6.2 CONCEPT ~1. Agricultural use of the land will be continued ullti, it is required for development, in accordance"~ with the policies of this Specific Plan, or becomes financially infeasible. 2. A 28.1 acre parcel shall be reserved as a community park site to serve a five to seven square mile area. This park shall be developed and maintained by the North Bakersfield Recreation and Park District or other approved public entity. 3. An eighteen I~ole public golf course, roughly 217 acres shall be developed with club house and driving range facilities. The course will be privately maintained and operated as a "daily fca" c. our~(~, 4, Adjacent to Coffee Road, linear parks will be developed utilizing portions of the P G & transmission line easement. This parkway shall range from 25 feet adjacent to commercial land to 50 and 84 feet adjacent to high-medium density suburban and Iow density residential land Uses respectively. The linear park along Coffee Road shall be constructed the its and by applicant or successor placed in a maintenance district concurrently with the adjacent subdivision or parcel map. The linear park from Olive Ddve north to Norris Road and from Hageman Road south to Rivert. akes Drive shall be constructed in no more than three phases each. Those portions of the linear park adjacent to commercial tend uses shall be constructed and maintained by each respective parcel owner/developer, 5. One lake totaling approximately 17 acres will be constructed adjacent to various residential land use densities. The lake will be augmented by a beach club/multi-purpose facility for group activities. Adjacent to the lake and beach club will be a swimming facility with a sand beach. Thc lake shall support a limited amount of natural ecology in the form of water fowl and stocked fish. Recreational amenities of the lakes and beach club may include fishing, non-motorized passive boating, with the exception that electric powered boating will be allowed, swimming, a limited pedestrian and bicycle pathway, picnicking and sand volleyball. 6. Residential neighborhoods may include common open space amenities improved by the projecl: developer and maintained by a Homeowner's Association or Maintenance District. This may include project entries which incorporate monument signing, special paving and/or landscaping. The design of common open space areas will be reviewed by the City of Bakersfield and/or other agencies having jurisdiction at the time lhat Tentative Tract Maps are submitted for approval. The pedestrian and bicycle path along Ihe Friant-Kom Canal will be deleted from the plan. -~.$- $ep-25-00 '02:42P Fruit~ale Properties, LLC 661 588-0965 P.06 - RiverLakes Ranch Specific Plan ..... (3) Number of dwelling units in each building; (4) Building coverage expressed as a percent of the total area of the property; (5) Parking ratio expressed as the ratio of the number of dwelling units to the number and area devoted to the off-st~eet parking stalls, parking aisles, and driveways, but excluding walkways, landscape areas, and unused land; (6) Area of land devoted to landscaping and/or open space useable for recreation purposes and its percentage of the total land area; (7) Point of connection to the City of Bakersfield sewage disposal; (8) Water both domestic and fire supply, fighting; (9) Proposed on-site and off-site drainage facilities consistent with the approved Master Drainage Plan for the appropriate phase; (10) Methods of flood control, where appropriate. 12.3 BUILDING DESIGN REVIEW 1. The site plan, architectural design, and landscaping plan shall be submitted to the Development Standards Review Committee or similar design committee established by a project home owners association in the area where the proposed development is located. 2. No building, structure, or other improvement shall be erected or altered until the design and construction plans, specifications, site plan, and landscaping plans have been approved by City of Bakersfield as required for the issuance of a building pem~it. 12.4 GENERAL PROVISIONS Prior to development, the existing agricultural land use, and ether uses similar in chara shall be permitted. 2. All areas designated for residential use may be developed at slightly lower residential density than that indicated without requiring an amendment to the Specific Plan. Areas which are to be developed at a density which classification is one designation below permitted density (e.g., Low Medium Density in lieu of High Medium Density) shall require amendment to the Specific Plan. 3. All construction within the Specific Plan boundaries shall comply with provisions of the Uniform Building Code and the vadous related mechanical, structural, and plumbing codes as adopted by the City of Bakemfield and in force at the time of issuance of permit. filing any tentative map within any particular' development 4. Prior to or coincidental with the o~ phase, the developer shall submil master drainage plan for that development. pit a:rn"9-14 O~.t¢~bel' 28, 1998 September 7, 2000 David Couch 1501 Truxtun Ave Bakersfield, CA 93301 Dear David: I am sending you a letter from our insurance company regarding the situation on Shellabarger Rd. Hopefully, this will aid you in making a decision about the fence at the end of the road. /fi can be of any assistance, please give me a call. Sincerely, Rick Varner Vice President , Varner Brothers, Inc. HRH !,"5 ..'re'tic. :,'*¢ August 30, 2000 Varner Bros Inc ATTN': RICK VARNER P.O. Box 80427 Bakersfield, CA 93380 RE: VEHICLE SAFETY Dear Rick: This letter is in response to our periodic safety discussions with your personnel. It was brought to our attention that your routing supervisor has a concern for the safety of people and property at the intersection of Shellabarger Lane and Pepito Street. Shellabarger has been made to dead end at Pepito as a result of a fence barricade authorized by the City of Bakersfield. Varner Bros. must turn around at the barricade where previously there was a vacant lot in which to make a U-turn and exit east on Shellabarger. Since the barricade was installed your drivers have attempted to back down Shellabarger, approximately 75 yards, to a wide spot in the road where private fences are set back farther than code requires but the resident at that location has asked that you do not use his property to turn around. To reiterate an important statistic, approximately 21% of all waste truck major accidents Hilb, Rogal and Hamilton result from backing. Even with cameras and back-up sensors, this statistic still holds true. Insurance Services A situation which requires extensive backing or U-turns that involve both backing and .~' c~.~.-.~.~ ce.:i~,:r:-:.;. ~'c. turning in tight quarters, seriously increases your chance of a major accident. It was in just such a situation a few years ago that a local garbage truck moving in a culdesac was involved in the death of a child. 210~ 2J, H; Street, ~.::re A 3akers,field. 'CA 933C! This location is tighter than most culdesacs and on the day of our inspection there was a P.O. ~o~ ~,~ travel trailer parked at the south edge of the road end. There was no way out except for a long, (200 yard) backup to an area wide enough to turn around and, even with that, it Bakersfield. CA 93303-!~$6 would involve turning onto private property which could be subject to change. License ~0B5~21C Please make an appeal to the City Counsel or the Street Department to remove the barricade. This would perhaps involve changing some of your routes but it should Te: 5~3~ alleviate the backing and turning hazard. /.- 3.-,,-~.~. ..... , SiB~.~e]~' ,/J"o e Hood HRH Insurance Services DKS/940380 .. ~ BARBARA PATRICK COUNTY As Requested /~or Information [~1 For Comment [~ Please Phone · Remark..%~,-'~d /~~ B ARB ARA P ATRI C K SUPERVISOR, THIRD DISTRICT August 3 I, 2000 KERN COUNTY Dear Residents: Because you have contacted my office on this issue, I want to update you on the status of' our efforts to improve the traffic safety for the residents on Shellabarger Road. As you are aware, the separation of grade project on Calloway Drive has begun. The County has .placed a flagman at Shellabarger in order to assure your safe passage onto Calloway Drive. One of the first projects to be completed will be the connecting road between Palm Avenue and Shellabarger Road. The new road, Slikker Street, will be your means of access to Calloway Drive in the near future. We have explored with the project contractor the cost of putting a temporary stoplight at Slikker Drive and Calloway Drive until the project is completed and the permanent stoplight would be operational. The cost estimate for that temporary stoplight was $150,000. In our opinion, this is not a cost-effective solution to your problems of accessing Calloway during peak traffic hours. We have temporarily placed a flagman at Shellabarger Road and Calloway Drive. When Slikker Street is completed, the fla~m-nan will be moved to Slikker Street and Calloway Drive. At that time, we will evaluate the need for a three-way stop sign at that location. The gate at the west end of Shellabarger Road, authorized by the City of Bakersfield, remains in place. There have been numerous discussions between City and County elected officials and staff about removing the gate at Pepita Way. On June 1, 2000, I sent a letter to the Bakersfield City Council's Urban Development Committee, urging that the gate be removed. I attached the letters of support from Sheriff Carl Sparks and from Fire Chiefs Dan Clark and Ron Fraze. The Urban Development Committee met on August 9 but Shellabarger Road was not on the agenda. It is my hope that it will be on the Septe. mber agenda and that a solution to this vexing problem will be found. I will continue to work diligently on your behalf. Your safety is uppermost in my mind as we move toward the completion of the separation ofgade project on Calloway Drive. Sincerely, Barbara Patrick 1115 Truxtun Avenue, Suite 503 · Bakersfield CA 93301 · (661) 868-3670 · Fax (661) 868-3677 Field Office: 1348 Norris Road · Bakersfield, CA 93308 · (661) 391-7480 - Fax (661) 391-7488 661 323 3780; $ep-26-00 4:11PM; Page 1/1 Sent By: C]:TY CLERKS OFF[CE; To: DAV]:D COUCH At: 327941 7 TO: DAVID COUCH FAX# 327-9417 ~ FROM: CITY CLERK'S OFFICE B A K E R S F [ iE ~l~, D Office-3283767 Fax-661323-3780 (PHONE CALL) ~ _~ ~ ~,~-~ ~ ..-,.,.., ~//.~'~ ~ .'.z.:~ c5,:.,~,' _/-,.~,?:,. /. ~..", .~.c .... v.-~ == - ..... , ~.,~ss~oz~- ~~ ~~ ~ : ~"'"'~""" I ~ ~._~~' ~ ' -'"'~"~ ~'-:?~ SALOMON SMITH BARNET TELEPHONED PLEASE CALL WANTS TO SEE YOU ~USH ~ETUBNED YOU~ GALL SPECIAL A~ENTION SIGNED ~ So58o5 0004 (2/00) SALOMON SM ITH B~ SALOMON SM ITH BA}CqEY A member of ot~group'~ A member of c~tlgroup'~ / FOR 0004 (2/9g) FOR 0004 (2/99) SALOMONSMITHBARNEY To ~a (~O~4 ~ AmemberofcltlCjroup~ WHILE YOU WERE OUT ~~ ~ho~ ~m.~e Phone, ~3 ~ ' ~ I- ~ ~  FAX · Area ~e Phone ~ ~~ -- ~ 7~'-- Telephoned ~ Returned Call Left Package Please Call ~ Was In Please See Me, Signed'" ~ ~AVERY REORDER NO. 47~6 ~ Made With R~ycl~ Paper FOR 0004 (2/99) From: "phil kimbrell" <kimbrellp@hotmail.com> To: <city_council@ci.bakersfield.ca.us> Date: Fri, Sep 15, 2000 1:12 PM Subject: Liberty High School access Dear council members, I am a parent of two students at Liberty High School, and I am very concerned about the lack of vehicle access to the school. Currently, the~'e is only one, two lane street available to access the campus. Liberty High School has an enrollment of over 1600 students and it was very apparent at back to school night last tuesday that access is a problem which will only get worse as the student population expands. The. bottleneck in traffic caused at least one traffic accident tuesday night. I could not help wondering what sort of emergency evacuation plan would be possible for the school. I am very concerned that if some disaster, either natural or man made, were to occur our kids would be trapped due to the lack of available escape routes. I would like to know when the city will be finishing the overdue road improvements in the area. Thank you for your prompt response, William P. Kimbrell Get Your Private, Free E-mail from MSN Hotmail at http://www, hotmail.com. Share information about yourself, create your own public profile at http://profiles.msn.com. Distributed to: Mayor~ ~. ,.._ Council ,------ City City Arty_ Other By City Clerk ITl'Il ...... IIII ...... II1'1'"1'1'11'"'"11'11'"11'"'1'11 Pl~U~ JO READ HIS LIPS: o~ ~,~ .,,~.,~o~ :.~ ~ ~,, "NO N~ RULES" (FOR CONTRACTING UNDER ~5) s~ ~ sax - ~3 ~.J ~J s,aA~xex That's what the judge said last month. Prop. 35 would not require any new rules for contracting out. · ~d J In a hearing to decide on official language for the ballot pamphlet, the superior coud specifically struck V~'S,q~ONV SO~ air4 ~ the word "new" from the description of the procedures for contracting under Prop. 35. Under Prop. 35. ~gvzsm 's'n J cities, counties, schools and other agencies would issue contracts for architectural and engineering ser- a~zuo~aa jssvq°'~saa j ~ ~ vices just as they did before 35. If you've been following the Prop. 35 debate, you know that the Caltrans bureaucrats opposing Prop. 35, have been claiming it would require creation of new rules for contracts, and that developing those new rules would cause delays. Of course Prop. 35 doesn't say an~hing of the sod, and now that issue has been settled in coum In fact, Prop. 35 would get overdue projects moving faster, by pu~ing more people on the job, and giving the state and local government flexibility to use both private and public sector architects and engi- DID YOU KNOW? neers. But you knew that already. Did you know...th*t Caltrans spends more monov on administration ~han it School's In Session (And In Support of Prop. 35) spends on road maimonanc~? (Ou~stion: Only OhO othor state has a worso rocord; which ohs? You:Il find the answor at tho Do,om.) ~id you know...that ~i~hwa~ 85 in Santa Clara Count. which has boon in Most of us alread~ know that ~mp. 35 is chtiml in ordor to ~et Gali[omi~s mo~in~, and soMn~ our tragic uso [or goats, ~ ~ouldn't go opon ii Galtrans had boon in charge o~ build[n~ it pro~loms. But transpodation isn't tho only plato whoro ~rop. 35 will make a di~erenco. Educators know that {~ plan callod ~or comp~mion in 200~)? our schools hOOd that samo floxi~ili~, that ~mo abili~ to uso both puglic and pfivato sector archit~ts and ~id you know...that ~ra~ic congestion cost ddvers in Gali~omia almost ~ million oncneers - i~ wo'm to keep up with ~rowin~ numbers o[ studoms and con~inuin~ class s~e roduction. dollar, a day {and that was in 1 ~08. ~n~b~y think con~ostion has ~o~en honor?)? lhat's why tho Goalition ~or ~dequato School Housin~ (G~SH) and tho Gali[omia ~ss~iation o~ School Businoss Officials (C~SBO}, the two oducation organizations most involved with issuos o[ school construction and ronovation, both strongly suppofl ~rop. 35 - and thoy'ro joinod by individual school distdcts throughout tho stato. {Answer: Onl~ ~ow Me~ico doos it worso than Galtrans.) Tho [act is that ~fiGG {Pro[ossional fin~inoors in California Govommem, and ~ ~roup ol state buroau- crats which op~sos ~mp. 35 and contractin~ with the pfivato s~to0 has its sights set on ~ar moro than }usI contmllin~ all trans~ation wo~. fiadi,r this summer, ~fiCG told its momars that 'a vado~ o[ challenges to ~ntractin~ out lawsuit a~ainst tho Stato ~mhitoct, to provont contractin~ out any o[ tho wo~ o[ ch~kin~ and a~provin~ plans [or n~w ~h~ls {and ima~ino IH~I dola~- ff ovo~ new ~h~l ha~ to pass lhrou~h a Sacramonto bo~lon~k). So Jar that lawsuit haso't ~n ~umuod, ~ut it'o ready to ~o, whonevor ~fiGG ~. (This is a sampl_Le_09_w__sle_!_t er arti¢ e wh ch ygu can reoroduce in any mailings your oroanization may be doing.) Join Our Growing Coalition' YES ON PROPOSITION 35 One of the most important steps your organization can take right now to support the initiative - is to IIVE~VE GOT TIt~ RESOURCES -- LET~$ GET TO ~¥oeg.! support the initiative in writing. So if you haven't signed up yet, we're making it easier than ever. Below is a sample resolution form that you can take to your governing board. It's as simple and direct as the Imagine you could ge traffic moving faster, make our state safer from earthquakes and save money, a lot of money - all at the initiative itself. Once you've passed it, please sign and fax it to us at: 310/996-2673. same time. Well, on November 7% you can - or at least get us moving in the dght direction - by voting yes on Prop. 35. Or call us at 310/996-2671 Prep. 35, the Fair Competition and Taxpayer Savings Initiative, will tackle traffic congestion, earthquake safety and save taxpayers $2.5 billion a year. It's a straightforward proposal that simply gives state and local government the flexibility to use SAMPLE RESOLUTION IN SUPPORT OF PROP, 35 private sector engineers and architects fo work on the thousands of overdue highway, rail and other public works projects - and to get lhem done sooner. WHEREAS, we need to complete thousands of overdue highway, rail transit and other projects to And how does Prop 35 do all that? Quite simply, it makes the Caltrans roadblock disappear - the roadblock that's slowing alleviate Iraffic, prepare us for the acxt quake and shore up California's ailing infrastructure; and work on traffic congestion, earthquake safety and other public works projecls - and that's costing Californians big time. The roadblock is a. series of lawsuits by a small group of Callrans bureaucrats. As a result of those lawsuits, California's ability WIIEREAS. completing these projects will require the use of both Cahrans AND private sector to use anybody but bureaucrats for design and engineering work is severely limited. So even though Callrans has more work than engineers; and it can handle, those bureaucrats want to keep all the work in-house. Thafs right - even though they can't do all the work, they don'l want anyone else doing it either. ~ WHEREAS, the roadblock holding up these projects is that a small group of bureaucrats at Cahrans - That's a huge problem because nothing can get built until the design and engineering is done. So freeway improvements, who want lo keep all work IN-house - have severely restricted govemmem's ability to contract with the private seismic safety upgrades, new classrooms - thousands of badly needed public works projects - sit and wait. We have the money sector; and to pay for lhat work. We have the will to get it done. We even have the people Io do it - if we could use both the public and private sector. But thanks to those Caltrans bureaucrats, we're stuck. WHEREAS, in order to stop the continuing effort to prevent the state and local government from utilizing Prop. 35 makes that roadblock disappear, by allowing state and local governments to use both public and private sector privale engineers and architects, Prop. 35 will appear on the November ballot; and architects and engineers. We choose who's best suited for the job. We put everyone on the job- and with thousands of highway, school, seismic safety and other projects already in the pipeline - we ~ everyone on the job. WHEREAS, Prop. 35 is a straightforward initiati ye that will fix Ihe problem by simply giving state and Cities, counties and schools throughout California are also under the shadow of the same lawsuits, and facing the same severe local government the flexibility to use private seclor engineers and axchitects where it makes sense to do so - restrictions on their ability to use private sector architects and engineers. Most other states already have the flexibility to use both the public and private sector. The federal government does as well. But California is stopped'al this roadblock that prevents us from something most other states already do; and putting.all our resources to work tackling traffic and other problems - because in California a small group of state bureaucrats have been successful in putting their self-interest ahead of the rest of the state's. Prop. 35 will change that. WHEREAS, the public-private partnerships fostered by Prop. 35 will help complete thousands of overdue Putting everyone to work has other benefits, too. Prop. 35 will save taxpayers $2.5 billion a year, just in costs related to projects sonner, safely and at a taxpayer savings of $2.5 billion every year; and transportation. Prop. 35 creates jobs - at least 40,000 jobs according to an economic impact analysis of the initiative, WHEREAS, Prop. 35 doesn't just impact our transportation needs. Permitting public-private partnerships That's why Prop. 35 is supported by a broad and diverse coalition that includes the California Taxpayers' Assoc at on, Ca ifor- will also help deliver other overdue public works projects, such as classroom construction, school and hospital nia Chamber of Commerce, League of California Cities, Californians for Better Transportation, California Taxpayer Protection Com- mittee, Associated General Contractors, California Building Industry Association, Californians for Adequate School Housing, Cailler- earthquake retrofits, flood control and park improvements. nia Association of School Business Officials, California State Association of Counties, Consulting Engineers and Land Surveyors of Calilornia, American Institute of Architects (California Chapter), California Minority and Women's Business Coalition, National Fed- THEREFORE BE IT RESOLVED, eration of Independent Business, National Council for Public-Private Partnerships and more than 190 school districts, cities, coun- SUPPORTS PROPOSITION 35, which will simply give California's state and local governments the ties and other public agencies, flexibility to hire qualified private sector engineers and architects where it makes sense to do so - something You can find out how to get involved, or just get. more information by going on line at www. yesprop35.com or by calling most states already do. Taxpayers for Fair Competition at (650) 340-0470 or (310) 996-2671. We have the resources - let's get to work. YOU CAN'T VOTE IF YOU DON'T... PROP. 35 IS JUST A CLICK AWAY Contacl ...register to vote first. If you're not registered, or if you've Now you can get information about Prop. 35, the cam- moved since the last election (back in March) - make sure paign and the issues, online. You'll find the text of the initia- you can cast that vote for Prop. 35. To sign up, Icg on to the five, an updated list of the diverse and still-growing coalition ~tle campaign website, www.vesoroo35,com and click on the "Cam- that's supporting Prop. 35 (and you can find out who's really paign HQ" box in the upper right corner. From there you can behind the opposition as well). click on "Register Io Vote" and get the form sent to you from the state, or you can stop by your county Registar of Voters' You can also check out news stories about Prop. 35 Address office and sign up in person, and find out how to make some news (by writing to the editor of your local paper). You can download materials from the Either way -- don't wait too long -- to be eligible for the web site. if you need something. You can register to vote and November election, you have to register by October 10'". you can even make a contribution to the campaign. City State Zip Tho place to go for all of this is www. yesoroo35.com. Take a. look- and let us know what you think. You can e-mai us right from the site. Telephone Number Fax Number E-mail address WHO SUPPORTS PROPOSITION 35? (as of September 1, 2000) Additions since our last newsletter are listed in bold Taxpayer Organizations J.E. Smith, Former Commissioner, CA Highway Monterey County Alliance of California Taxpayem and Involved Voters Patrol Nevada County Butte County Citizens for Better Govemment Amedcan Consulting Engineers Council Riverside County California Taxpayers' Association Amedcan Institute of Architects, Califomia Chapter Santa Cruz County California Taxpayer Protection Committee American Society of Civil Engineers Siskiyou County Contra Costa Taxpayers Association ' Asian American Architects/Engineers Association Sonoma County Fullerton Association of Concerned Taxpayers Association of Consulting Electrical Engineers Stanislaus County Kern County Taxpayers Association California Geotechnical Engineers Association Trinity County League of Placer County Taxpayers Consulting Engineers and Land Surveyors of California Yolo County Madn United Taxpayers Association Engineering and General Contractors Association Santa Barbara County Assodation of Governments National Tax Limitation Committee Engineering and Utility Conlractors Association El Dorado Supervisor William Bradley Orange County Taxpayers Association Mechanical Engineers Association of California San Francisco Supervisor Barbara Kaufman People's Advocate E d u cation Tulam Supervisor William Sanders Responsible Voters for Lower Taxes Coalition for Adequate School Housing Yuba Supervisor Bill Simmons San Diego County Taxpayers Association California Association of School Business Officials Cities Santa Barbara County Taxpayers Association Fresno County Superintendent of Schools Dr. League of California Cities Shasta County Taxpayers Association Peter G. Mehas Independent Cities Association Sonoma County Taxpayers Assodation Alum Rock School District (San Jose) City of Anaheim United Californians for Tax Reform Anaheim Union High School District City of Angels Camp Ventura County Taxpayers Association Barstow Unified School District City of Arcadia Waste Watchers Central Unified School District (Fresno) Arcata City Public Works Department National and Statewide Organizations Clay Joint Elementary School District (Kingsburg) City of Arroyo Grande California Chamber of Commerce Clovis Unified School District City of Baldwin Park Californians for Better Transportation Downey Unified School District City of Bellflower California State Association of Counties Eastside Union School District (Lancaster) City of Belmont League of California Cities Encinitas Union School District City of Belvedere Coalition for Adequate School Housing Enterprise School District (Redding) City of Buena Park California Association of School Business Officials Eureka Union School District City of Calimesa State Building and Construction Trades Council of Folsom Cordova Unified School Distdct City of Camadllo California (AFL - CIO) Franklin-McKinley School ,District (San Jose) City of Campbell Operating Engineers, Local Union No. 3 (AFL-- CIO) Fresno Unified School Dis~ct City of Carpinteria Operating Engineers, Local Union No. 12 (AFL - CIO) Huntington Beach City School District City of Ceres California Special Districts Association Lemoore Union High School District City of Cerritos National Council for Public-Pdt, ate Partnerships Lodi Unified School Distdct City of Chino Hills Seniors Coalition Monrovia Unified School District City of Claremont 60 Plus Association Palm Springs Unified School Distdct City of Clayton American Planning Association, Califomiachapter Panama-Buena Vista Union School District (Bakersfield) City of Colfax Associated General Contractors Redding School Distdct City of Colusa California Alliance for Jobs Rialto Unified School District City of Concord California Association of REALTORS~ Riverside County Schools Advocacy Association City of Corcoran California Building Industry Association San Marino Unified School Distdct City of Cotati California Business Properties Association San Rafael City Schools City of Daly City Califomia Business Roundtable Santa Aha Unified School District City of Del Mar Califomia Contract Cities Association Santa Cruz City Schools City of Dixon California Groundwater Association Solana Beach School Distdct City of Dublin California Manufacturers and Technology Association Vacaville Unified School District City of Emeryville California Minodty and Women's Business Coalition Val Verde Unified School District (Perris) City of Escalon California Park & Recreation Society West Fresno School District City of Escondido California Travel Parks Association Westside Union Elementary School District (Lancaster) City of Eureka Califomia Trucking Association C 0 U n ti es City of Exeter Civil Justice Association of California California State Association of Counties City of Fairfield Coalition for Project Delivery Alpine County' City of Fillmore National Federation of Independent Business Amador County City of Fontana State Water Contractors Butte County City of Fort Bragg Western Growers Association Colusa County City of Fortuna Western Manufactured Housing Communities Association Fresno County City of Fresno Western States Petroleum Association Glenn County City of Garden Grove Engineering, Design, Earthquake and Humboldt County CityofGardena Kern County City of Gddley Public Safety Experts Kings County City ofGustine California Society of Professional Engineers Lake County City of Hanford Structural Engineers Association of Califomia Madera County City of Hermosa Beach Loring A. VVyllie, Jr., Past President, Earthquake Merced County City of Highland Engineering Institute Modoc County City of Impedal Mono County City of Indian Wells ~ ~)~ ~ 2400 Calvin Street · 66t-831-3868 66~,-83t-t038 FAX I(night Jon~Daol.com September 18. 2000 CiD' Attorney CiD' of Bakersfield 1 ~ 1Tmxtun Avenue Bakersfield. CA 93301 SUBJECT: Greater Bakersfield Conventions and Visitors Bureau To Whom It May Concern: Under the ad~.sement of the State of California's DeparUnent of Justice, I am referringa matter of great concern to me regarding the Greater Bakersfield Convention and Visitors Bureau and the GBCVB Board of Directors continual prejudiced improprieties. I do this with regret and haste for I love Bakersfiled and Kern Count).' and do not desire to denigrate the GBCVB, it's Board of Directors nor the Ci~ of Bakersfield, ff at all possible. However. with the departure of John Meroski (whom I believe to be the primary instigator) and now under the direction of the GBCVB Board of Directors. these unacceptable and unprofessional actions and violations of policy and procedures continue today. In June. I sent a formal request for a meeting ,aith the GBCVB Board of Directors according to the Greater Bakersfield Convention and V'mmrs Bureau Employee PollO' Handbook (2009 Grievance Procedure) of the Executive/Personnel Committee. As well as, a formhl request to speak to the board ,aqth my attome% that to this date has been ignored. I was terminated May 22, 2000. Prior to my termination there were numerous occasions where Mr. Meroski slanderecl me in the presence of others stating that I was a thief. emhe:,zler, etc. for sencling out mail relative to a trade show for which I lind permission frolrt him tO do so! Because of this unprofessional behax~ior shoaxt io me by Mr. Memski, I requested a foml hearing with the Board of Directors of the GBCVB. Before I could meet aith the GBCVB Board of Directors. Mr. Memsld and Mr. KhouD' terminated me ~sithout reason. I did my job above and beyond anyone's expectations and had manv positive evaluations. Regardless of my termination~ I would appreciate your review of this matter. Policies and Procedures are in placc For a reason and I feel that my right to a hearing ,aith the GBCVB Board of Directors has been violatec since I have never had the oppommiD' to speak to the entire Board. I am still requesting this hearing As long as you are reviewing the Greater Bakersfield Convention and Visitors Bureau. will you also please review a number of other transgression, for example, the Board has ~iolated it's own Articles. specifically Article V Meeting of members SECTION 5.01. Additionally, I am aware ora number of Officers and Board members being elected to the GBCVB Board of Directors that did not qualifs.' at the time of their election. I am sure the board minutes will convey improper nominations and other election procedures not done in accordance with the law as well as the GBCVB's own By-laws. Please give this request for review of the GBCVB your highest consideration. I have been axongly and unjustly terminated for bringing the indiscretions of one indixidual to the attention of his own board of directors, whom to this day have refused to meet uith me. Best ~~~ Patul White cc: Bakersfield CiD, Council BILL LOCKYER State of California Attorney General DEPARTMENT OF JUSTICE PUBLIC INQUIRY UNIT P.O. BOX .c, AC ~ ^ MEHTO. CA 942~,-2SS0 (916) 322-3360 TI3LL FILEI~: (110~) 952-S225 'i'DY: (916) 324-~$6a or {800) July 10. 2000 Mr. Ion Paul White 2400 Calvin Street Bakersfield, CA 93304 Dear Mr. White: Thank you for your inquiry to Attorney General Bill Lockyer regarding how thc City of Bakersfield might handle an issue(s) with the Greater Bakersfield Convention and Visitors Bureau.. We regret that we cannot be ofhelp t'o you mthis matter. The Attorney General represents the people o£ California in criminal and civil matters before the state and federal trial, appellate and supreme courts. Thc Axlorney General also serves as legal counsel to state officers, boards, commissions and departments, and assists the district atlorneys in the administration of justice. The Attorney Gcne~ carries out these constitutional responsibilities through the programs of the Department of Justice. tn addition, the Governor may direct thc Attorney General to appcm' on behalf of the State whenever any suit or legal proceeding is pending against the State. As the Attorney Generars legislative and constitutionaI mandate is limited, the office cannot provide any form of legal serv/ce to indi,~duals. Though we understand that you may not bc asking for personal legal service or legal advice, the Attorney GencraPs Office cannot comment on your inquiry. Lfyou wish to pursue this matter further wc suggest you obtain advise from your City Attorney's Office. Again, thank you for contacting our office. We regret that we could not provide more assistance to you m this matter. Sincerely, Public Inquiry Attorney General GP:tem -Greater Bakersfield Conventioa and Visitors Bureau Employee Policy Handbook-- ~d wishes to assist in a,,ev,ann~, mis~de~s:~dings or uncomfo~able situations in work cnvL'o r~c~L ~ne B~au will ~Ily ~d e~.~cly investigate ~v such r~uo~ and will t~kc whatever co~cctive action is deemed ncccssmy, Lnclud~g disc{pli~ng or discka-~ng any Lndividual who is believed to have violated'C~s prohibition ag~nst 2ar~sment. Tac ¢omplair&g employee ~411 bc L~o~cd of thc action t~cn. Thc B~cau will also t~ke action to protcct thc comp!a~g employee ~zd to prevent ~icr h~sment or retaliation. Fknal!y, thc compI~ant will bc made whole, to thc extent possible, for b~s or her losses. ~c B~cau ¢[c~ly does not tolcratc u~s policy ~d will t~kc appropriate disdpl~ ac~on whenever such h~smcnt is dcmonsratcd. >~y ~viduals cnga~g ~y legal action brou~t aga~t ~cm. employee should contact ~ Executive !009 Grievauce Procedure The Bureau wishes to provide each employee f ,a./.r and impartial trea,'ment. Accordkngiy, it has established the following ~"ievance procedure ~at is available to all employees. Please note the Bureau w/II make efforts to semle an employee's _m'ievance promptly and in a fair manner. Ernployees .shall note the Bureau's Open Door Policy and that the Bureau encourages responses fi.om its employees and wishes to a_ss/st in alleviating misunderstanding or uncomfortable situations ir, the work envL-or,~.-nent. The following are a ~aideLLne of the ste?s that should be taken by a.n employee a.nd the order in wbhch they should be tat<eh: Steu ! - With_in five wof.<i.ng days of an Lncident or problem ~,,%g r/se to an employee's __~devance, th'xe employee is to discuss the problem wit.h [he Executive D/rector. In most instances, a fi-iendly t~< with ~ can solve a problem to an employee's satisfaction. Tae ~evance shall be ~'eated ir. a busLness-iLke mariner. The Executive D/rector shall investigate thc concerns and prov;.de Ce employee with an a_r,.swer wit., ;hhn five working days, ur,Jess additional 5m-...e is requ.i, red ,zzder [~e ci.rcLLmstances. ~ - Lf the problem is not resolved at Step i, or ap. employee's $ievap. ce is with the Executive Dhector, an employee may a,~-r'ange an appointment to meet with the Person_r,.el Corr~'~in~e of Lhe Boa. rd of D~-ectors in order to reach a satisfactory, soIudon. A reques: for such a mee~W_r,.g shall be made wit, 45.[n three w'od</ng days aRer tNe employee receives a response from Step I. A meeti, ng will be scheduled promptly in an attempt to resolve the problem. The grievance wi!! receive axention from the Personnel Committee who Mil pro,,ide ~e employee witlx a wr';.men response w/-.,~x-~ five workZng days, un/ess additional time is required undm' the circumstances. Because the full responsibility for the operation of the Bureau rests with the Board of DJ.rectors, any · decision rendered by the Board olD/rectors must be regarded xq final and binding on all pa.~es. ?-A,S A.~sociate'~ 2.8 t'cmn:.} Dou B LETRE E Jr--J OT EL- BAKI:RSFI FI.D 31OO C,x.~'~ D~.~ To: Jon ~te /~,~ o~ 323-7111 From: Fm~o~ Date: May 18, 2000 ~ ~ Re: Co.last PI~ ~ ~ t~t I ~ ~ r~eipt ofyo~ ~~t ~ Jo~ M~os~ &t~ ~y 16, 2~0. In s~tio~ of~ ~, yo~ ~loyee ~ok om~es ~e pro~. Pl~e ~e ~ op~y to review ~ey n~r 2009. S~e st~ numar one ~ ~n b~ ~ yo~ ~ does ~t r~ue~ a ~th t~ ~el ~mmiR~, o~ ex~utive/~~l eo~ fo o : I. 'We Mve ~~ a fo~l ~~ ~om Jo~ Meros~ ~~g yo~ ~. 2. We Mve ~nt~t~ C~ H~ Re~ Comu~t Ho~y Cu~ to ~ve~igme. 3. We ~11 present om~ to you u~n ~nchsion of~e ~ve~igation. Jo~ t~ you for ~g ~ to my a~embm if you ~1 wish m ~t wi~ executive/~~l co~ pl~e ca~ ~ by Monday, May 22~a. CC Ho~y Cuh~ Memomndtan ............ To: Francois KhouO' From: Jon Paul White Da~: 05;18/00 Re: Complaint. Fransois: Please be advised that I am in receipt of your response dated May 18, 2000 and I thru*& you for responding so expeditiously. C~rtainly, it is not my intention, nor my desixe to bring distress to the GBCVB Board of Directors. However, I, other employees or the GBCVB Board of Directors should not tolerate the lack of professionalism and retaliation shown to me on behalf of the President of the GBCVB, John Meroski. It was not my intention to bypass step number one of policy number 2009. A~ I understand Policy number 2009, "Step 2 - states... (fan employee's grievance is with the President, an employee may arrange an appointment to meet ~th the Personnel Committee of the Board of Directors in order to reach a sat~'sfactory soluaor~ ' I did fail to request a formal meeting w/th the Executive/Persormel Committee and I thank you for th/s direction. At this time, I would formally like to request such a meeting with the Executlv~/J~ersonnel Cotttrr~He~ Per the direction of the GBCVB. many of us have attended numerous workshops and seminars regarding harassment in the workplace. It was not my initial situation but others that brought about us attending such workshops and seminars tn the flu-st place. Having this knowledge, I now realize that I do not have to be treated w~th such contemptuousness. To accuse me of stealing over an intercom or to even make the asse.mon or joke of stealing is something I take very seriously and am highly offended by such an allegation. Francois, I am truly sorry to'have to bring this to anyone's attention, however, there has been a history of such abuses and no one is willing to step forward in the hope that it will cease. Please note that i love Bakersfield and working at the GBCVB. It has been extremely rewarding. All that I am asking for is to have the ability and wherewithal to do my job in the manner that the GBC x, q3 Board of Directors would expect of me to do. Again, thank you Fransois for ycqxr time and consideration in thts matter. Sincerely, JON PAUL V~-IITE (66fl g$l-~g6g June 26, 2000 Board of Directors Greater Bakersfield Convention & Visitors Bureau 1725 P Street ~ Bakersfield, CA 93301 Dear Board Members: I would like to request that I and my attorney, Mark Atldns of The Law Offices of Young Woolddge, be allowed to speak to the Board concemin~ my termination from the Greater Bakersfield Convention and Visitors Bureau on May 24"', 2000. I do not believe it was handled properly. In fact, I believe it to be in direct retaliation of my filing and winning a complaint for unpaid commissions with the Division of Labor Standard Enforcement. Thus, I would like to speak to the Board at its next Board meeting, if at all possible. Dudng my employment, I endured a number of abuses and had even requested a headng and filed a formal complaint against GBCVB's president, John Meroski, concerning his lack of professionalism and retaliation shown towards me. This request was sent to Mr. Khoury, a copy of which is attached. This is an issue that I feel strongly about and I believe that the Board needs to be aware of what is taking place at the GBCVB instead of having it swept under the rug by Mr. Khoury and Mr. Meroski. I have attached numerous documents that outline my concerns. Should you have any questions, please do not hesitate to contact me. Please give this request your highest consideration. If it is not possible to meet with you then I ask that you at least investigate my treatment at and termination from the GBCVB. What happened to me is not dght and I do not want to see it happen to others. It also does not reflect well on the GBCVB and you, and as Board members, you should be aware of that. If it is possible to meet with you, then please notify me at your eadiest convenience as to the time and location. Sincerely, Attachments cc: Mark Atkins Jim Foss Trudy Slater : Cynthia Pollard Francois Khoury Jenny Bell Deborah Morgan Roger Fessler John Wells Tom Randour Mike Treacy Tammy Hacker Bill Murray LABOR COMMISSIONER, STATE OF CALIFORNIA Deparlment ofdndustrial Relations DIVISIONOF LABORSTANDARDSENFORCEMENT DOES I THROUGH V, Defendant(s) ,,^,, c^s, ,u..,, ' /~' i J 3. i~ th~ Counw of ~~ , California; under th~ l~rms of a (written) (oral) agreement; at th~ 4. that there i~ due, owin~ and ~yabW from the defendant to the ~laintiff an amount as and for wa~e~, Cenaltiex and/or other demanO, for com~omsation: ~ ~ a, as shown in.attached Exhibit A, incorporated herein; ~c. plus additional wages accrued pursuant to Labor Code Section 203 as a Denalty at the rat.= of S per day for an indeterminate number of days not to exceed thirty (30) days. d. plus interest pursuant to Lakor Ccde Section 98.1 Plaintiff certifies that the foregoing is true and correct to the best of h/s/her knowledge and belief. , Cou , , '' -Signature of Ple,'ntiff m~m ~:o [,~v. ~/az) COMPLAINT 85 3s~s9 ~. c. ~8 ~TATE'OF CALFORNIA GI~-kY DAVIS, GOVERN'OR Department of' Industrial Relations DWISION OF LABOR STANDARDS ENFORCEMENT 5555 California Avenue, Ste. 200 Bakersfield, CA 93309 Fax No.-(661) 395-2'/13 February 2, 2000 Holly Culhane, SPI-{R Reply to:01-18329 1 GH PAS Associates 1401 19th Street Suite 420 Bakersfield, CA 93301 RE: 'Jon Paul VvTdte v. Greater Bakersfield Convention and Visitors Bureau Attention: Ms. Culhane We are in receipt of yOur correspondence date February 1, 2000 regarding the complaint of Jori Paul White vs. Greater Bakersfield Convention and Visitors Bureau. If Mr. John Meroski had advised Mr. ~,'aite prior to November 1, 1999 that the deadline of November 1, 1999 had been changed to January 1, 2000 thus making all incoming collections renewals and not new memberships, then Mr. White would be paid based upon the new pay structure. However, according to the memo submitted, Mr.' White was never informed of the new deadline. It would be difficult to prove in court that Mr. Meroski was unable to communicate this change when Mr. White was still employed with the company. In addition, Mr. Meroski sent a memo to Mr. Wtdte regarding the missed meeting. Wh3) didn't Mr. Meroski inform Mr. White of the change in policy in said memo? (Unless Mr. White confirmed the new pay structure in his return memo, this wouldn't necessarily be considered proof that Mr. White ever received said memo.) Based upon the evidence submitted, it appears Mr. John Meroski never communicated to Mr. White prior to November 1, 1999 that the structure of the commission would change. Therefore, it appears Mr. White is entitled to the conunission wage of $264.03. If your client pays Mr. White directly, please fax a copy of said check to the undersigned at (661)395-2713 and the settlement conference scheduled for February 17, 2000 will be canceled. However, if your client refuses to pay the conmfission wages, the scheduled conference will still be held. . Gina Hester ~Industrial Relations Representative GREATER BAKERSFIELD CONVENTION & VISITORS BUREAU To: Gina'Hester/'~x" From: John Merosl~ ~'x4.', . Date: February 10,~600' ..~Re: .'~ 0118.3291gh/Jon White ~= '"'·.. ' Pleas~ fred'_enclosed a copy of a check Payable to Jo~ White for the above-mentioned - · Since this was deemed new memberskip sales, ah internal cb~ission report is due. The -report includes a listing of the new members sold and-..copies of their application and i check. Typically, these trove been submitted on ~a quarterly basis. Today~ Mr. White was asked fei' this docUmentatiOn. Ottce furnished, we can pay him directly'. "- Gina, thank you .fo~ th..e~resolution. IfI can be, of further assistance please don't hesitate to call. ' '- February John Meroski. I believe you are practicing retaliatory actions against me. I wish this to stop. · '" C Memorandtan To: Francois Khoury From: Jon Paul White Date: 05/18/2000 Re: Complaint Fransois: Please be advised that I am in receipt of your response dated May 18, 2000 and I thank you for responding so expeditiously. Certainly, it is not my intention, nor my desire to bring distress to the GBCVB Board of Directors. However, I, other employees or the GBCVB Board of Directors should not tolerate the lack of professionalism and retaliation shown to me on behalf of the President of the GBCVB, John Meroski. It was not my intention to bsl:~ss step number one of policy number 2009. As I understand Policy number 2009, ~Step 2 - states...if an employee's grievance is with the President, an employee ma~ arrange an appointment to meet with the Personnel Committee of the Board of Directors in order to reach a$atiffacto~ solution." Idid fail to request a formal meeting with the ExecufivedPersounel Committee and I thank you for this direction. At this time, I woUM formally like to request such a meeting with the Executive/Personnel Cotr~.nittee. Per the direction of the GBCVB. many,,' of us have attended numerous workshops and seminars regarding harassment in the wor~lace. It was not my initial situation but others that brought about us auendmg such workshops and seminars in the first place. Having this knowledge, I now realize that I do not has~e to be treated aSth such contem, ptuo~ness. To,accuse me of steading over an intercom or to even make the assertion or joke of stealing is something I take very seriously and am highly offended by such an allegation. Francois. I am truly sorry to have to bring this to anyone's attention, however, there has been a history of,such al:roses and no one is willing to step forward in the.hope that it will cease. Please note that I love Bakersfield and working at the GBCVB. It has been e.,m'emely rewarding All that I am asking for is to have the abilily and wherewithal to do my job in the manner that the GBCVB Board of Directors would expect of me to do. Again~ thank you Fransois for your time and consideration in this matter. Sincerely, JON PAUL WHITE Chronolo.qical Events Jon Paul White June 5, 2000 Date: Initial: Page: 1 Since filing a claim with the Department of Labor Standards Enforcement I have been ridiculed, treated like a child, and slandered by my boss while in the presence of others. I honestly feel that these acts are retaliatory in light of the first claim that I submitted against the Bureau and won. Also today is my birthday and I will be 45 years old and unable to find a job in this same trade, is this age discrimination? The following are some recent events that had taken placel With the last incident breaking the camel's back: A few weeks ago, I was speaking to a member of the Bureau over the telephone. While speaking, my intercom came on and it was Mr. John Meroski. He began ridiculing me and alleging that I was a thief, embezzled property from the GBCVB and that postage was property of the Bureau and that because I mailed out notices for an annual trade show supposedly without his permission, I received this verbal attack. The truth of the matter is that I received permission from him to do so and have numerous witnesses to prove it. I mailed 80-100 notices to increase our attendance. It certainly was work related and I did receive the approval to do so. I certainly did not appreciate the fact that another member had 'to listen to these allegations as well. Mr. Meroski would not stop ridiculing me long enough for me to tell him that I was on the telephone with a member. This was quite embarrassing for me. Mr. Meroski did realize that stating all of these accusations over the intercom was not professional. I let this incident go for the moment. Until the next week, I Was again, accused of something over the intercom by Mr. Meroski with someone else overhearing. This time he accused me of not telling him about an outstanding bill from the Trade Show. He forgot about the bill but accused me anyway. The previous incident with the intercom and the accusations I thought Mr. Meroski had learned of his discretion, however, when he did it again, I could no longer tolerate his continued unfounded accusations and behavior. After this incident I reviewed our policy and procedures manual and it stated that in the event the grievance is with the President, the employee can then request a hearing with the Board of Directors of the GBCVB. Which I did make such a request. BecaUse of this request, Mr. Meroski was very angry With me. However, I felt that is Was necessary for the Board of Directors to know the unprofessional conduct that had taken place by their president, Mr. John Meroski. The following is a chronological timeline prior to my retaliatory instigated termination. I was terminated at-will. All of my working goals have been met and then some. When I began at the .Bureau two and a half years ago the Bureau had 126 members, as of last week there were 254. It has not been my work ethic. I sincerely believe that it began when I challenged Mr. Meroski for the commissions that were due to me and he challenged me to seek an attorney 2 to receive it. So I filed the initial claim and won. Since that initial claim was determined, Mr. Meroski's behavior has been retaliatory in nature and heightened with the loss of the first claim filed against him. Monday: May 22, 2000--John Meroski asks for a copy of a tape of a meeting from the previous Friday. John Meroski did not take minutes of the meeting on Friday and requested a copy of the tape. Jon Paul VVhite stated that the tape was not in his possession. John Meroski then went ballistic. In responding to Mr. Mersoki I made some kind of a sound and Mr. Meroski stated that because of this sound I was being insubordinate. I phoned Francois Khoury the President of the CVB to inform him of the morning's events and'was instructed to wait and he would contact John Meroski. John Meroski came upstairs and told me that Francois instructed him to tell me to go home for the day. While at home I received a message from John Meroski that it was not necessary for me to come in on Tuesday and that I would be paid and to come in on Wednesday at 10:00 am for a meeting. He did not state the nature of the meeting. While at home I sent a fax to Jackie B. (the Vice-President of the GBCVB) requesting information on their medical insurance due to a severe headache and lack of sleep. She did return the call with the appropriate medical group policy information. The b,,,,o and half years I was employed at the GBCVB I never utilized the medical insurance. I asked for this information due to the constant changes of the medical policy. Today, a piece of correspondence addressed to me (Jon Paul VVhite) from the Division of Labor Standards Enforcement is intercepted and opened by John Meroski. I was not notified of this correspondence nor did I receive it from Mr. Meroski. TuesdaY: On this day another piece of correspondence from the Division .of Labor Standards Enforcement was mailed to the office addressed to me and is again intercepted and opened by John Meroski. I am not notified again. Wednesday: I arrived at the CVB and went upstairs to my office. It was locked and my name was removed from the wall. At the meeting Francois stated that I was a smart man and probably knew why I was there. I stated no I do not know and what is the purpose of this meeting. Francois then stated that at this time they chose to exercise their right to terminate me as of today per the at-will policy and procedures clause. Francois stated that things were just not working out. I did not sign anything and was handed a separation of employment packet for my review and signature and left the office. This same day a courier comes to my house requesting the keys and credit card from Jon Paul White as well as bringing boxes of his personal belongings from his office. It was at this time that Jori Paul VVhite finally received the opened letters from the Division of Labor Standards Enforcement. I signed for the documents. Date: Initial: Page: 2 Thursday: Friday: I had an interview with Rand Personnel for a job that I really was qualified to do. A question came up as to whether the GBCVB wouldallow me to ever work at the GBCVB in the future? If I had signed the separation documents that would be true. I recently received excellent ratings in my last evaluation. It was today that I realized the impact of Mr. Meroski's efforts and what potentially can happen for any future employment opportunities. Monday: Holiday Wednesday: Received a message from a Melanie of Superior Insurance (?) at 559-451-2142. In her message she states that she received a complaint filed in behalf of Jon Paul White and was following up. My wife called her and stated that that was odd since Jori Paul had not filed a claim. I got on the phone per her request and she stated to me that I sent a signed statement requesting a claim. I did no such thing. She then stated that she would record the conversation and deny the claim. I stated how could she deny a claim that was never filed by me? She Wanted to record the phone conversation. I stated that I would like to consult with an attorney. At this time she Wanted to terminate the call. Nothing Was recorded. She also stated that she spoke to John Meroski on Friday the 26t~ with a request for a claim. (This was after the termination). I had no intention of filing a Worker's comp claim. Now there is a fraudulent workers' compensation claim filed in my behalf that I have not requested nor have I signed any documentation with the GBCVB to do so. Date: Initial: Page: 3 Department of Industrial Relations ' Division of Labor Standards Enforcement "; I~t,..! 5555 California Ave., Suite 200 {~: ~,~1 ,-'-'--"'-,-,. '. ' Bakersfield, Ca 93309 \~*,, .__: ' ~'~ Jon Paul White Greater Bakersfield Convention & Visitors Bureau 1325 "P" Street Bakersfield, Ca 93301 Stat.: :~f Ca/ifomia GRAY DA VIS, Governor DEPARTMENT OF INDUSTRIAL R ELATIONS ~ DMSION OF LABOR STANDARDS ENFORCEMENT 5555 California Ave., Suite 200 Bakersfield, CA 93309 Phone: (66l)395-2710 ~x"'?~,'~''Q~ e~ Fax: (661) 395-2713 May 22.2000 Jon Paul White Greater Bakersfield Convention & Visitors Bureau 1325 "P" Street Bakersfield, Ca 93301 Dear Mr. White: Enclosed you will find information on filing claims of discrimination. We also enclose a "discrimination complaint" form that should be completed and returned to the address noted on the information sheet (Santa Rosa address). If you should have additional questions, please contact the undersigned at your leisure. G.G. 'Almaraz Senior Deputy Encl. ./ Stmc of CaJifornia GRAY DAVIS. Governor DEPARTMEN'T OF INDUSTRIAL R EI.~TIONS ~ DWI$ION OF LABOR STANDARDS ENFORCEMENT 5555 California Ave., Suite 200 Bakersfield. CA 93309 Phone: (661) 395-2710 Fax: (661) 395-2713 Jon Paul White Greater Bakersfield Convention & visitors Bureau 1325 "P" Street Bakersfield, Ca 93301 Dear Mr. White: In response to your correspondence of May 17, 2000, a cancellation of an event that ultimately results in a loss of commission wages is not, in itself, improper. If the commission wages are earned only after the event occurs and the event never occurs, there would be no requirement that the employer pay the individual any commissions. On the other hand, if one can establish that the event was cancelled in order to deprive one of his or her lawful earnings, the employer may be liable for those commissions on a pro-rata basis, if not the full sum. We hope your inquiry has been sufficiently addressed. If you have additional questions, please' contact me at your convenience. Sincerely, Senior Deputy Department of Industrial Relations.: Division of Labor Standards Enforcement ~ .... ' ,. ; 5555 California Ave., Suite 200 Bakersfield, Ca 93309 , ., Jori Paul White Greater Bakersfield Convention & Visitors Bureau 1325 "P" Street Bakersfield, Ca 93301 ihl,,,,ll,,,llJh,,,,,ll,hh,hl,ll,,,,,,ll,,I,hhh,ll,,I ARTICLE I NAME SECTION 1.01 The name o'fthis organization, a non-profit corporation organized and existing under the laws of the State of California, is "The Greater Bakersfield Convention and Visitor's Bureau." Hereinafter, the organization will be referred to as "CVB." ARTICLE II MISSION SECTION :2.01 The mission of CVB is as follows: To position Bakersfield, CA as a destination for conventions, sporting events and individual travel. ARTICLE III OPERATIONS SECTION 3.01 The principal office of CVB for the transaction of business shall be located at 1325 "P" street, Bakersfield, California, or other locations designated by the Board of Directors. SECTION 3.02 The operation of CVB shall be under the ~tirection of the "President" appointed/hired by the CVB Board of Directors. As many staffas are deemed necessary by the President shall perform the physical work of the CVB. Said' determination shall be made by the President, within his/her current budget limits as established by the CVB Board of Directors. The President shall also serve as secretary to the board of directors and will fialfill secretm'y duties as described in the following sections. SECTION 3.03 The cost of maintaining CVB shall be met by the following means: A. Membership Dues. B. Inkind services. C. Fund raising projects approved and promoted by the CVB Board of Directors. D. Sale of merchandise by CVB.' F. Contracting to provide services for other organizations. (3. Any other legal means approved by the Board of Directors. H. Contractual agreements fi.om public entities.. SECTION 3.04 The President shall provide the Board of Directors a budget for approval no later than one month prior to the due date for budget hearings conducted by the City of Bakersfield. SECTION 3.05 Obligations of CVB shall be paid by bank check signed by any two of the following: President Board member of the Executive Commin& ARTICLE IV MEMBERSHIP SECTION 4.01 CVB shall offer annual memberships to any individual or entity, wiring to promote the mission statement of CVB. The Board of Directors shall award honorary, members ~hip to those deemed worthy by virtue of an outstanding service or material aid to CVB. Honorary members shall pay no dues and have no vote. - SECTION 4.02 Membership dues shall be set by the Board of Directors on an as needed basis and paid annually to the CVB. Memberships can be in the form of trade as deemed appropriate by President. SECTION 4.03 The Board of Directors may, for reasonable cause, expel any member. Any member expelled may appeal to the BOard of Directors at a regular meeting of the Board by sending the Board of Directors a written notice of appeal to the corresponding secretary of the CVB at least ten (10) days prior to said meeting. The Board may overrule any expulsion by majority present at said meeting. SECTION 4.04 All members whose dues are paid shall be considered members in good standing and shall be entitled to cast one (1) vote at any general meeting of the CVB and in any election as provided in these bylaws. ARTICLE V MEETING OF MEMBERS SECTION 5.01 The annual meeting and installation of officers of the CVB shall be held no later than August, of each year, at such time and place as shall be specified by the Board of Directors. Should circumstances prohibit holding the annual meeting at the time Specified in this section, the Board of Directors shall cause said meeting to be held at the soonest date possible. SECTION 5.02 Special meetings of the members of CVB may be called at any time by the Board of Directors or by request of not less than ten (10) percent the membership by filing a written request for such meeting with the secretary of CVB. Said written request shall include the purpose for which the special meeting is to be called. /he agenda of any special meeting (as) shall be confined to the subjects named in the call for said meeting (as). Special meetings requested by members shall be held not less than ten (10) nor more than sixty, (60) days from the filing of the request for said meeting(s). SECTION 5.03 The secretary of CVB shall give advance notice of all meetings of the members in writing. ,MI such notices shall be sent via Unked States mail to the last known mailing address of each voting member (entitled to vote as of the date set for the meeting) at least ten (10) days in advance of the date set for the meeting. SECTION 5.04 A super majority vote of seventy-five (75) percent of those present at the meeting of the members sha/1 he required to decide any matter that may come before the meeting.. Voting by proxy shall be permitted. ARTICLE VI NOMINATIONS/ELECTIONS SECTION 6.01 The Chairman shall appoint a nominating committee of four (4) board persons no later than the first July of each year. · SECTION 6.02 The nominating committee wi.l] convene in cases of a board vacancv to interview and submit potential board members to CVB for appointment. In case of resigning C~ 1~ Vice President shall fulfill chairman term. The nominating committee shall convene to replace 2°d vice chairman. SECTION 6.03 The nominating committee shall prepare a proposed slate of officers and directors and shall present said slate at the regular meeting of the CVB by May of each year. Any member in good standing may also nominate one or more candidates for membersl'fip to the CVB i3oard of Directors by filing a wzitten petition bearing 25 signatures of members in good standing, within 10 days of receiving notice of proposed slate of candidates with the CVB President. A list of the slated nominees proposed by the nominating committee should be available to any member in good standing. Should no petitions be received, the process shall be declared complete and the board will ratify the slate of candidates at its June Board meeting. Should petitions be received, and a slate of more than 2 positions in each category is determined, than a ballot shall be mailed by US mail to all members ingood standing to cast one vote for board member positions in the Hotel/Motel and the At-large 4 positions. The City Clerks office shall tabulate ballots. The chairman shall notify candidates of election results. SECTION 6.05 In addition to the fight to vote at special or regular meetings of the CVB, members shall be -~ entitled to vote in a referendum. A referendum may be initiated on the following question and no others: A. Any question which the CVB or annual meeting of the society shall submit to referendum. B. The amendment of these bylaws. SECTION 6.06 A referendum shall be initiated by following the same procedures as is specified in these bylaws for calling a special meeting (Section 5.02 herein). SECTION 6,07 When a referendum has been initiated, the secretary of the CVB shall submit the question within ninety (90) days by written ballots all members eligible to vote. The ballot ma~ing shall specify the address to which ballots are to be returned. The issue shall be decided by a majority of those valid ballots returned to the specified address within thirty (30) days from the date of the mailing of the ballots. Thesole exception to this procedure shall be issues involving amendment of these bylaws. -- the provisions Article XI of these bylaws shall govern these issues. SECTION 6.08 A referendum shall not impair the powers of the Board of Directors as set forth in Article VII, except as said powers shall be modified by a change these bylaws. ARTICLE VII BOARD OF DIRECTORS SECTION 7.01 The concerns, direction, and managemem of the affairs of CVB shall be vested in the Board of Directors, the members of which shall pursue such policies and principals as shall be in accordance with the provisions of the articles of incorporation, these bylaws, and the laws of the State of California. SECTION 7.02 The Board of Directors shall nominate the executive committee at the regular June meeting. SECTION 7.03 The Board of Directors shall be composed of at least eleven (I 1) and no more than 13 active members of CVB. A simple majority of the current board membership shall constitute a quorum. A quorum must be present to transact CVB business, and a majority vote of those present in voting in a valid meeting shall be binding upon CVB. No one elected to the CVB board shall be deemed qUatified to serve in that capacity until such time as he/she/it becomes a member of the society. SECTION 7.04 Theeleven- (11) member Board of Director shall be constituted as follows: Chairman 1~t Vice Chair 2ndVice Chair Treasurer Past Chair 6 Directors-at-large Secretary - CVB President - Non Voting Ail eleven (11) members of the Board of Directors shall be voting members of the board. Secretary,' position is CVB staffand carries no vote. SECTION 7.05 Officers shall serve a one-year term of office. No officer shall serve for more than two (2) consecutive terms in the same office. 6 SECTION 7.06 Directors-at-large shall be elected to two year staggered term (i.e. four to be elected each year). Directors-at-large shall not serve more than three consecutive two-year terms as a director-at- large. Ifa director-at-large is nominated and elected to an office position prior to the conclusion of his or her term, that director foregoes the remainder of his or her term as a director-at-large. SECTION 7,07 Only one member from the same family unit may serve on the Board of Directors at any one time. SECTION 7.08 The board at the first regular meetings of the new CVB shall set the time and date of regular monthly board meetings. (i.e. 3r~ Wednesday, Monthly, 8am) SECTION 7.09 A Special meeting of the Board of Directors shall be convened by the CMirman when requested to do so in writing by three (3) or more board members. Special meeting requested by the board shall be held not more than seven (7) days fi.om the receipt by the Chairman of the v, ritten request for such meeting. The. Chairman upon his/her own initiative may also call special meetings. A reasonable attempt shall be made by mall/and or telephone to notify ail board members of any special meetings that are called. SECTION 7.10 In cases of absence, the board member must notify the Chairman or CVB staffofthe reason for their absence. Should any board member be absent from three consecutive meetings without notification and just cause, said board members shall be deemed to resign fi.om such office and the vacancy so caused shall be filled as provided in Section 6.02 of these bylaws. A director may be asked to resign if they are in conflict with the goals and objectives of the CVB. The vacancy vdll be filled as provided in Section 7.02 of these bylaws. SECTION 7.11 In order to provide a variety of experiences, expertise, advice, and opinion to CVB and to nurture the identification and development of future officers and directors, the Chairman may appoint, w/th the consent and advice of the board, an advisory, board of persons selected form the community at large. Persons appointed must be members of CVB, must be approved by a majority vote of CVB Chairman in the valid meeting, and must be reconfirmed each year at the election meeting of CVB. Advisory board members shall not be limited as to the number of consecutive terms they may serve on the advisory board. Advisory board members shall be welcome to attend any board of directors meeting but they shall have no vote. ARTICLE VIII COMMITTEES SECTION 8.01 The executive committee of the CVB board of directors shall consist of all officers; that is Chairman, 1 ~ Vice Chair, 2"d vice chair, Treasurer, Past Chair and Secretary. The executive committee shall have and may exercise all of the powers of the board of directors (when the board is not in session) not specifically reserved by the board for itself. The Executive Committee shall have the power to act by majority vote if its members communicated by telephone, telegraph, facsimile, or in writing to the chairman of said committee and action so taken shall be considered to be just as valid as if they had been authorized at a meeting of the executive committee. SECTION 8.02 The standing committees are: A. Executive B. Sales and Marketing C. Advocacy D. Nominating E. Financial SECTION 8.03 The Chairman of CVB with board approval 'shall appoint ad hoc committees as deemed necessary to carry out the work of CVB. A board member who may recruit members in good standing shall chair each standing committee. Should the board members term elapse the board member may remain, on committee but will agree to train new chairperson. Each chairperson shall be appointed at the July/August board meting. ARTICLE IX OFFICERS SECTION 9.01 The Chairman shall preside at all meetings of CVB including meetings of the members, and shall be an ex officio member of all committees except the nominating committee. SECTION 9.03 In the absence of the Chairman and the 1a Vice Chair, the 2nd Vice Chair shall perform the duties of the Chairman. SECTION 9.04 The past chairman shall serve as advisor to the Chairman and as a liaison on an as needed SECTION 9.05 CVB staffshall caused to be preserved, the minutes of all meetings of members of the CVB and its board of directors. He/she shall within one week of next meeting, furnish the CVB as secretary of the copy of the minutes of each meeting. He/she shall notify all members and directors of annual, election, and special meetings and report the CVB all official communications received. The President shall perform the duties as well as any other duties assigned by the board. SECTION 9.07 The treasurer shall oversee the receipt, and expenditure of all funds and securities of CVB. He/she shall submit a rnontl~ financial report to the board and an annual financial report to members at the annual meeting. The treasurer shall make these reports available to any member upon written request. These reports may be audited by an account, selected by the board. 9 ARTICLE X MISCELLANEOUS SECTION 10.01 All meetings of the members of CVB and its board of directors shall be open to the public in accordance with California State law. Ail such meetings of the CVB and its committees shall be conducted under Robert's Rules of Order as set forth in the last published revision thereof. SECTION 10.02 The fiscal year of CVB shall commence of July 1 of each year. ARTICLE XI AMENDMENTS SECTION 11.01 Proposals to amend or revise these bylaws may be made by the Board of Directors or by petition of two-thirds of the membership. Bylaws shall be reviewed yearly, with a final review conducted by the City of Bakersfield attorney's office. SECTION 11.02 Alteration, amendment, addition to, or repeal of these bylaws, or any portion thereof, shall be binding upon CVB upon an aff:u-mative vote of two-thirds of the members voting thereon or by majority vote of the board of directors. ARTICLE XI INDEMNIFICATION CVB shall have the power to indemnify any person or entity who was, or is a party to, is threatened to be made a party to, any proceeding by reason of the fact that such person is or was an agent of CVB, against expenses, judgements, fines, settlements, and other amounts actually in reasonably incurred in connection with such proceeding, if the agent acted in good faith and in a manner the agent reasonably believed to be in the best interest of CVB. The term/nation of any proceeding by judgment, order, settlement, conviction or plea of no Loa contendere or its equivalent, shall not, in and of itself; create a presumption that the agem did not act in good faith and in a manner that the agent reasonably believed to be in the best interest of CVB, or that the agent had reasonable 10 cause to believe that his or her conduct was unlawful. If there are criminal charges, the agent must have had no reasonable cause to believe that his or her conduct was unlawful However, CVB shah not indenmify: A. Any amount paid with respect to a claim, issue, or matter for which the agent has been adjudged liable to the CVB or its members; B. Any amount paid in sealing or otherwise disposing ora threatened or pending lawsuit, with or without court approval C. Any expenses incurred in defending a threatened or pending action that is settled or otherwLse disposed of without court approval. If the board of directors so decides, the CVB may purchase and maintain insurance on behalf of any agent ofCVB agairm any liability asserted against or incurred by the agent in the capacity or arising out of the agents status, whether or not CVB would have the power to indemnify the agent against that liability. 11 SALOMON SMITH BARNEY A memberof c,tlgroup~ FOR 0004 (2/99) BAKERSFIELD PUBLIC WORKS DEPARTMENT MEMORANDUM DATE: OCTOBER 6, 2000 · o: A[A FROM: Q~UL M. ROJAS, PUBLIC WORKS DIRECTOR SUBJECT: PURCHASE OF HOMES ON 24Ta STREET FOR WIDENING PURPOSES i Councilmember Couch asked wether homes along 24'~' Street couM be purchased when they I become available on the marketforpurposes offuture widening. In order to widen 24th Street, additional right of way must be purchased. This will require acquisition of existing homes along the roadway. Currently, there are three different scenarios that could be considered for the additional right of way; purchase all additional right of way south of existing 24th Street, purchase all additional right of way north of 24~h Street and purchase additional right of way both north and south of 24th Street. The City could purchase homes at any time, however, doing so may create a CEQA challenge. CEQA clearly states that alternate solutions must be considered prior to constructing a major transportation facility. If the City were to purchase homes prior to the environmental document being completed, a case could be made that we had our minds made up before beginning the process and potentially invalidating the results. Therefore, staff feels it would be prudent to wait until all environmental work is complete prior to acquiring any properties for this widening project. BAKERSFIELD Economic and Community Development Department MEMORANDUM October 5, 2000 TO: Alan Tandy, City Manager FROM: Alan Christensen, Assistant City Manager ~/ SUBJECT: Improvements to ED Incentive Evaluation Form Councilmember Green asked that we make two changes to the economic incentive form used by EDCD to evaluate whether or not the business needs assistance from the City. However, the Budget & Finance Committee reviewed and modified the form after several meetings of careful review. Therefore, before any changes are made, staff would prefer to more carefully review his proposal to ensure that they are in harmony with previous direction made by the Committee. I have contacted Mr. Green and he agrees that some additional review is appropriate. ~ MEMORANDUM October 5, 2000 TO: HONORABLE MAYOR AND CITY COUNCIL THILTGEN, City Attorney ~ FROM: BART J. SUBJECT: Council Referral No. WF0018626 1 001 Kern County Purchase of Patrol Car from City In response to an inquiry by Council member Sullivan, contact was made with County Counsel Bernard Barmann, and the position of the City was expressed with respect to the standard indemnification of the City when dealing with selling the County a used vehicle "as is." After review of the language of the sales contract, combined with the facts of the situation and the County's earlier-stated position regarding the indemnification, Mr. Barmann indicated he would personally meet with the appropriate County personnel to convey our agreed upon construing of the responsibilities of both parties in an effort to finalize the sale. As of the writing of this response, this office has not received a response from the County regarding the status of the sale. In the event this matter is not settled by staff, the Council will be notified. BJT:laa cc: Alan Tandy, City Manager S:\COUNCIL\Referrals\Patrol Car Purchase by Co.wpd OCT - 5 2O00 PUBLIC WORKS DEPARTMENT MEMORANDUM TO: ALAN TANDY, CITY MANAGER FROM: RAUL M. ROJAS, PUBLIC WORKS DIRECTO~---~ _~./ DATE: October 4, 2000 SUBJECT: COUNCILREFERRALWF0018625/001, WARD 7, 4-WAY STOP ON HWY 119 FROM SOUTHBOUND HWY 99. "SAL VAGGIO REQUP~STED STAFF CONTACT THE COUNTY AND FIRM UP THE TIME LINE FOR THE INSTALLATION OF THE 4-WAY STOP AT HIGHWAY 119 FROM SOUTHBOUND 99. STAFF TO REPORT BACK TO COUNCIL." The Traffic Engineer contacted the County of Kern regarding the stop sign installation .since this area is outside the City limits. The County did not have precise information of when the sign would be installed since this is on a State highway and not a County project. The Traffic Engineer also contacted Caltrans. Per Mr. John Liu of Caltrans' office in Fresno, the sign is now expected to be installed sometime during the week of October 2. The State Highway is under construction with some maintenance paving operations which has caused delays in getting the stop sign installed. The sign cannot be installed until construction is completed in the area. Mr. Liu said he will let the Traffic Engineer know when a more precise date and time for the stop sign installation is available. cc: Traffic Engineering File slw: S:\WP\CC_REFS\WF0018625.Stop119at99.ref. wpd Page I of I City of Bakersfield *REPRINT* WORK REQUEST PAGE 1 REQ/JOB: WF0018625 / 001 PROJECT: DATE PRINTED: 10~03~00 REQUEST DATE: 9/27/00 CREW: TIME PRINTED: 8:29:18 SCHEDULE DATES LOCATION: STA/~'I': 9~27 ~00 LOCATION ID: ZIP CODE: COMPLETION: 10/05/00 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: 4-WAY STOP AT HWY. 119 FROM S/BOUND 99 REQUEST COMMENTS ***REFERR3IL TO PUBLIC WORKS*** SALVAGGIO REQUESTED STAFF CONTACT THE COUNTY AND FIRM UP THE TIME LINE FOR THE INSTALLATION OF THE 4-WAY STOP AT HWY. 119 FROM S/BOUND 99. STAFF TO REPORT BACK TO COUNCIL. Job Order Description: 4-WAY STOP AT HWY. 119 FROM S/BOUND 99 Cat~gory: PUBLIC WORKS Task: RESPONSE TO REFERRAL Assigned Department: PUBLIC WORKS ~ START DATE / / COMPLETION DATE / /