HomeMy WebLinkAbout10/20/00 BAKERSFIELD
CITY MANAGER'S OFFICE
MEMORANDUM
October 20, 2000
TO: HONORABLE MAY:~-R AN_,D CITY COUNCIL
SUBJECT: GEN_ERAL INFORMATION
1. The GRC study was placed in your mailboxes earlier this week. We will schedule a
presentation atthe nextAd Hoc Committee and Redevelopment Board meetings. The
'~'.. study identifies impacts of the proposed City Center project, including employment,
revenue generation to the City, and related information.
2. We sent a letter to the California High Speed Rail Agency last week to affirm the City's
interest in locating a station in the downtown area. This week, the HSRA Board was
scheduled to award three contracts for performing preliminary engineering and
environmental studies of three of their proposed corridors. Two of those corridors
affect Bakersfield - Los Angeles to Bakersfield and Bakersfield to Sacramento. We
will keep you informed as we receive more information.
3. I will be on vacation from November 1st through November 10th. During my absence,
John Stinson will be in charge, and the office will have numbers to reach me in the
event of an emergency.
4. Since. the park security was originally approved, the Police Department has been
patrolling the parks with regular and reserve officers. The Recreation and Parks
Director has indicated that, as of Saturday, October 21 st, the Parks security staff will
assume this responsibility. Initially, they will be on a winter schedule, which will be
weekends only and just certain higher activity parks. In the late spring, they will begin
a full schedule, which will include all parks, seven days per week.
5.' The Water Department has provided the enclosed notice from the Tree Foundation
to invite volunteers to participate in a tree planting project on Saturday, November 4th
from 9:00 a.m. to 12:00 p.m. The project is on the north shoreline on the Kern River,
directly across from Yokuts Park.
Honorable Mayor and City Council
October 20, 2000
Page 2
6. A status report from the Police Department regarding their newly implemented school
resource program is enclosed for your information.
7. Earlier this week the Board of Supervisors approved securitizing future annual
Tobacco Settlement Revenues through the issuance of municipal bonds. The
issuance of bonds estimated at between $100 million and $110 million would transfer
the risks related to the unpredictable nature of this revenue source to the bond
holders, and the County would receive a lump sum amount up front. There are several
counties in California that are pursuing this course of action in order to protect these
funds from being dedicated for specific purposes due to litigation or legislation. They
have not determined how the proceeds from the bond issue would be allocated other
than that they should be "held in a trust fund to generate a steady, predictable revenue
stream of annual interest earnings." Staff will continue to monitor this item.
8. Staff has met with County EMS staff and has set a meeting time to meet with local
hospital administrators to discuss emergency room and hospital staffing issues
recently presented by County EMS Director Russ Blind to the City Council. The
meeting is set for November 9th at 3:00 p.m. at Kern County EMS. We will be inviting
the administrators from the local hospitals that provide emergency services. After this
meeting we will have another meeting which will include administrators as well as
others involved in the emergency response system, including insurance providers and
ambulance providers.
9. Responses to Council requests are enclosed, as follows:
City Council ,
· Review of agreement with Guy Chaddock and Company agreement for terms of
compliance and possible violations of labor code. (A response from EDCD is
enclosed; a response from the City Attorney was sent under separate cover.)
Councilmember Carson
· Update on Union Avenue motel clean up;
· Additional information regarding the HUD $1.00 Home Sale Program;
· Regulations for Proposition 12 distributed to City Council;
·Report on how funds designated for the East Planz sump can be used if not for
that project.
Honorable Mayor and City Council
October 20, 2000
Page 3
Councilmember Maggard
· Status regarding the Tree Foundation's offer to assist the City by providing trees
for medians and other locations;
· Information relating to the high price of gasoline in Bakersfield and other California
communities;
· Contract Caltrans regarding road cuts and removal of boulders on both sides of
the roadway east of Highway 178, beyond Miramonte.
Councilmember Couch
· Business cards for Wakayama trip;
· Information regarding re-zoning of southwest corner of Calloway Drive and Olive
Drive forwarded to the Planning Department;
· Correspondence to the railroad companies regarding a crossing maintenance
program;
·Citizen inquiry - need for a four-way stop at Palm and Jewetta;
Citizen inquiry - intersections at A Street and 21st - 24th Streets;
· Citizen inquiry - traffic on Balvanera Street;
· Citizen inquiry explanation of Park and Recreation tax and status of
neighborhood park;
· Citizen inquiry - suggestions relating to-use of center median lanes as fire lanes
for emergency vehicles and retrofitting tractor trailers as portable police
substations.
Councilmember Green
· Status on providing a financial plan for potential senior citizen.programs.
Councilmember Sullivan
· Draft correspondence to Guy Chaddock and Company addressing employees'
concerns.
Councilmember Salvaggio
· Information regarding possible uses for vacant property at corner of Hughes
Lane/Pacheco Road and what can be developed there under current zoning
without a conditional use permit;
· Status on installation of traffic signal at Monitor and Fairview Road;
· Letter to Cai Trans regarding Fairfax / 178 interchange;
· Clarification on status of sound wall at White Lane and Highway 99.
AT:rs
cc: Mayor-Elect Hall
Department Heads
Pamela McCarthy, City Clerk
Trudy Slater, Administrative Analyst
BAKERSFIELD
PUBLIC WORKS DEPARTMI~NT
1501 TRUXTUN AVENUE
BAKERSFIELD, CALIFORNIA 93301
(661) 326-3724
RAUL M. ROJAS, DIRECTOR · CITY ENGINEER
October 13, 2000
,John Barna, Deputy Director
California High Speed Rail Authority
925 L Street, Suite 1425
Sacramento, CA 95814
RE: High Speed Rail System in Vicinity of Bakersfield, California
Dear Mr. Barna:
Thank you for taking the time to talk with our staff person, Arnold Ramming, who attended the August High Speed Rail
Authority Board meeting. As Mr. Ramming stated at that meeting, the City of Bakersfield is very interested in working with'the
Authority to determine the best location of the station in Bakersfield. Enclosed is a copy of Resolution 97-99 adopted by the
City Council on June 30, 1999. From this resolution, you can see that it is very important to our Council that the high speed rail
station be located in the downtown area.
The downtown area of Bakersfield is a successful area of redevelopment. Recent major projects by the City include
· Chester Avenue Streetscape, from Truxtun Avenue to 24~ Street, completed in 1998;
· Centennial Garden Arena addition to our Civic Center, completed in 1998;'
· The new Amtrak Station, completed in July 2000; and
· Expansion of the Downtown Streetscape, to start construction in October 2000.
Other agencies have also invested in our downtown area during the last several years:
· Kern County Superintendent of Schools moved their administration staff into the downtown area.
· The Bakersfield Californian, local newspaper, installed streetscape improvements along the public streets on which their
facilities front.
· Bakersfield City School District constructed a new elementary school in downtown so that parents who work in the
downtown area could be closer to their young school aged children. This is such a popular school that the District had
to expand the campus within two years of opening its opening.
· Kern County built a new facility for their District Attorney's Crime Laboratory and Family Support Division.
· California State University, Merced is currently constructing a classroom / office building facility that will serve as an
extension campus for their school.
In addition to the above projects, many businesses are operating new stores in old downtown buildings.
As a result of all this activity, downtown Bakersfield is definitely an active, vibrant area of our community.
When your staff and consultants are ready to start working on locating the Bakersfield station, please contact Arnold Ramming
at 661-326-3591 so that we can arrange to work with you on this most important transportation facility.
Very truly yours,
Raul Rojas
Public Works Director ~ ~ /-? ~
JJ~ffquff~. LaRochelle ~' ·
Alan Tandy
Arnold Ramming
Reading File
SSPROJECTS ARNOLD~HIGH SPEED RAIL~HSR - Barna I 0_'13_00.wpd
RESOLUTION NO. 9'7 ' :9:9
RESOLUTION SUPPORTING A DOWNTOWN LOCATION
FOR THE HIGH SPEED RAIL STATION
WHEREAS, the California High-Speed Rail Authority (the Authority) has been
charged with the responsibility of developing a plan fOr the construction and operation of
a high-speed train network for the state capable of achieving operating speeds of at least
200 miles per hour; and
'WHEREAS, the Authority must complete a final business plan by late 1999
to be submitted to the Governor and Legislature for inclusion as a statewide ballot measure
for voter approval in the November, 2000 general election; and
WHEREAS, the Authority has been developing alignmentand station location
options for the proposed High-Speed rail network and is ready to approve a
recommendation at its July 20, 1999 meeting; and
WHEREAS, the City of Bakersfield has stated to the Authority on a number
of occasions its desire to locate the High-Speed Rail station within the downtown area; and
WHEREAS, on June 16, 1999 the Authority staffs recommendation proposes
To Ioca. te the Bakersfield station approximately seven (7)miles west of downtown; and
WHEREAS, the Authority staffs proposal is inconsistent with the wishes of
the City of Bakersfield to locate the station within the downtown area; and
WHEREAS, the Authority staffs proposal is inconsistent with the goals and
objectives of the Metropolitan Bakersfield 2010 General Plan to foster multi-modal
transportation facilities; and
WHEREAS, the Authority staffs recommendation is inconsistent with efforts
to promote and revitalize downtown Bakersfield; and
WHEREAS, locating the station on the outskirts of Bakersfield will require
additional vehicle miles to be traveled to access the station thereby increasing vehicle
emissions; and
WHEREAS, a downtown station location will more accessible to Iow and
moderate income citizens; and
WHEREAS, a station located on the outskirts of town will have a negative
impact on the City's uniform growth patterns; and
WHEREAS, a downtown station location will have equal accessibility from all
geographic areas within Metropolitan Bakersfield; and .~
G:\GROUPDA't~RE~;OLUTI~1~RESOLUTION6_28_9"3.v.1)d Page I of 2 Pages
WHEREAS, a downtown station will have greater accessibility to government
and other public service facilities.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of
Bakersfield, as follows:
1. The Council of the City of Bakersfield does by this Resolution show
its support for a downtown location for the Bakersfield High-Speed rail station.
2. The Council of the City of Bakersfield does by this Resolution request
that the California High-Speed Rail Authority reject staff's recommendation for the west of
State Route 99 alternative and adopt a route that places the station within downtown
Bakersfield.
I HEREBY CERTIFY that the foregoing Resolution was passed and adpoted
by the Council of the City of Bakersfield-at a' regular meeting thereof held on
IIIN 3 (~ 1999 , by the following vote:
AYES: COUNCILMEMBER CARSON, DEMOND, SMITH, MCDERMOTT, ROWLES, SULLIVAN, SALVAGGIO
NOES: COUNClLMEMBER ~JO~ ~.
ABSTAIN: COUNCILMEMBER ~ of,4 ~.
ABSENT: COUNCILMEMBER I~ {)~_
CITY CLERK AND EX OFFIClO//~LERK of
- The Council of the City of BakerSfield
APPROVED JUN 3 0 1999
BOB ~E ~ ~'' '
MAYOR of the City of Bake~field
APPROVED as to form:
BART J. THILTGEN
CITY ATTORNEY of the City of Bakersfield
~:~OU~*~ESOLUTn~ESOL~T~ S_~S_~ Page 2 of 2 Pages "~'' i:~"
MEMORANDUM
October 18, 2000
TO: Alan Tandy, City Manager ~..t
FROM: Gene Bogart, Water Resour~anger
SUBJECT: KERN RIVER PARKWAY
Volunteer Tree Planting Project
Attached is a notice from the Tree Foundation alerting volunteers to participate in the upcoming
Tree Planting project on Saturday, November 4th, between 9:00am and 12 noon. The project is located
on the north shoreline on the Kern River directly across from YOKUTS Park.
The irrigation system has already been installed so all that's needed are your gloves and a shovel.
Water and compost will be provided and the trees will be on site, ready to be planted.
Any questions can be answered by calling Donna Adams at the Tree Foundation at 325-6650 or
Don Richardson at our office (326-3715).
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October 19, 2000
To: Alan Tandy, City Manager
Honorable Mayor Price and Council Members
From: Eric W. Matlock, Chief of Police
Subject: Status Report for School Resource Program
I thought you might be interested in the attached status report for our newly implemented
school resource program.
Please feel free to contact me if yoL~ have any questions.
EWM/vrf
attachment: Bakersfield Police Department School Resource Unit Monthly Report/September
~-r-~(~' Matloc~k - Monthly School.Resource 'officer Report .... , ...... . . Page 1 I
From: Joe Grubbs
To: Eric Matlock,William Rector,Brad Wahl
Date: Wed, Oct 18, 2000 10~.47 AM
Subject: Monthly School Resource Officer Report
Dear Sirs,
Attached is the first monthly report for the school resource officers as well as the juvenile impact
program.
Bakersfield Police Department
School Resource Unit
Monthly Report
Officers Assigned: J. Grubbs #719 and S. Horst #552
Month: September 2000
Overview: School began on August 28, 2000. Officer Grubbs continued the Juvenile Impact
Program at Rafer Johnson Community Day School at the beginning of the school year. Officer
Horst was selected for the School Resource Officer position and started on September 11, 2000.
School Resource Officer Program: The implementation of the School Resource Officer
Program began with Officer Horst's selection to the Resource Officer position. The initial plan
was for Officer Horst to be responsible for the Bakersfield City School District Office as well as
five middle schools that are located in the City of Bakersfield. The schools include Stiem,
Chipman, Washington, Emmerson and Sequoia. Further review developed a plan to leave Officer
Horst with responsibilities to Stiem, Chipman and Washington Middle Schools and expand
Officer Grubbs' responsibilities to include Emmerson and Sequoia Middle Schools.
Since the implementation of the program Officer Grubbs and Horst have accumulated the
following statistics: ~'
Felony Arrests: 2
Misdemeanor Arrests: 8
Offense Reports: 3
Special Reports: 9
Field Interview Cards: 40
One of the misdemeanor arrests resulted in the validation of a gang member by the BPD Special
Enforcement Unit. Additionally Officer Grubbs and Horst have had numerous contacts with
student at all six schools in a counseling or intervention capacity.
The Bakersfield City School District (BCSD) provided Officer Horst and Grubbs with cellular
telephones at no expense to the BPD. Also the BCSD is providing Officer Horst with an office
and necessary equipment for daily duties. The equipment includes a telephone, computer and
office supplies.
Officer Grubbs and Horst are also developing several educational programs to utilize in the
school setting for both parents and students. The First program, Parents Against Youthful Drug
Abuse (P.A.Y.D.A.), is being developed for parents who suspect their child is using narcotics.
The officers will provide interested parents with a coupon for a drug screening at National
Toxicology Laboratories for a reduced rate ($11.00 compared to $32.00).
The parents will agree to attend a class individually, with their child and their child individually.
, ~Eric Matlock - Monthly R(~%~:t.d~J(J Page 2 !
The class will consist of drug and alcohol avoidance measures, signs and symptoms and how to
protect the family from drug and alcohol influences. National Toxicology Laboratories has
offered the reduced rate for the program. Additionally a Gang intervention class is being
developed for families of students who are at risk of becoming gang members and are identified
through the school environment. This class will also impact parents and students on an individual
basis and combined.
Officer Horst and Grubbs met with the Dr. Fuller, the Superintendent of the BCSD, who voiced
some concerns about campus security and asked for the officer's input on the various campuses.
Also she asked for' assistance with training and communication with campus supervisors at the
various schools. Dr. Fuller is also supportive of validating gang members who attend city
schools, however, would prefer the bulk of that type of activity occur at Rafer Johnson School.
She said the other schools upon learning of gang members on their respective campuses would
take measures to move those students to Rafer Johnson to take advantage of the unique school
environment. Officer Horst has attended open house at Chipman and Washington Middle
Schools.
The officers have also contacted the BPD traffic unit and will be utilizing radar in school zones
in the near future due to several concerns voiced by various school officials at several school
cites. Officers have already begun preventative measures for controlling traffic around some of
the more troubled campuses. For example, a letter was sent home to parents of Sequoia Middle
School students because parents were-c[ropping their children off in the middle of the block and
the children were jaywalking across th~ street to the school. The letter requested parents drop
their children off at the intersection where a crosswalk is located. The letter has had an enormous
impact in alleviating traffic congestion and dangerous conditions in front of the school.
The School Resource Officers have also been involved in communities surrounding the schools
by higher visibility, handling some calls for service and proactive police work while traveling
between their schools. Overall the School Resource Officer Program has a strong start and both
the community and the BPD will reap many positive rewards as a result.
Juvenile Impact Program: The Juvenile Impact Program (JIP) at Rafer Johnson Community
Day School has been changed significantly since the previous year. The program now works
with ten students at a time. Those students are transported to the Bakersfield Police Activities
League (PAL), three days per week for three hours each day. The program lasts for a total of
three weeks. The day begins with a physical training session and then leads into a classroom
where gang intervention, drug intervention, conflict resolution, civic responsibility/pride and
leadership/self awareness/self esteem classes are taught. In conjunction with the listed
components are field trips to the Mesa Verde Community Correctional Facility and to the
Coroner's Office. Additionally outside presenters from Rafer Johnson, The Kern Linkage
Program and the Kern County District Attorneys Office speak to the students during the course.
An advanced class is being developed where students who have completed the initial three week
program can involve themselves in an after school program that will be based on a military
component to develop a marching team utilizing a juvenile probation officer who is a former
,="Eric Matlock - Monthly Report.doc ......
Page 3
Marine Corp Drill Instructor, the local Marine Corp Reserve Unit and the North High School Jr.
ROTC unit. The ultimate goal for the student participating in the advanced program is to groom
them' for the Marine Corp "Devil Pups" camp in the summer and for entrance into one of the
ROTC programs offered by the local high schools.
So far the program is working very well. The first group of students just completed the first class
and most are very excited about becoming involved with the advanced class. Mesa Verde was an
outstanding, eye-opening event for all of the students. Overall the reviews from the students have
been positive.
BAKERSFIELD
CITY MANAGER'S OFFICE
MEMORANDUM
October 20, 2000
TO: Alan Tandy, City Manager
FROM: John W. Stinso~,/0A~ssistant City Manager
SUBJECT: Tobacco Settlement Revenue Securitization
Earlier this week the Board of Supervisors approved securitizing future annual Tobacco
Settlement Revenues through the issuance of municipal bonds. The issuance of bonds would
transfer the risks related to the unpredictable nature of this revenue source to the bond holders
and the County would receive a lump sum amount up front. In exchange the county's Tobacco
Settlement Revenue would be committed to pay the annual debt service on the bonds. The par
amount of the bonds is estimated at between $100 million and $110 million, and represents the
present value of the Tobacco Settlement Revenue over the next forty years. The bonds would be
discounted approximately $4.4 million to compensate the investors for their risk and the costs of
issuance.
The county desires to issue the bonds to provide a stable, "protected" revenue source. There are
several counties in California that are pursuing this course of action in order to protect these
funds from being dedicated for specific purposes due to litigation or legislation. There was no
discussion in the staff report regarding how the proceeds from the bond issue would be allocated
other than that they should be "held in a trust fund to generate a steady, predictable revenue
stream of annual interest earnings."
The staff report is attached.
S:~lOHN~Tobacco.wpd
].0/l§/Z000 1~:18 FAX 661 868 :)$,35 CLERK OF TIlE BOARD [~002
Telephone 661-86&3198 · F~ 661-868-3190 - ~ Relay ~0-735-2929 C, un~ ~minis~t~ Officer
October ~7, 2000
Board of Supervisors
Kern County Adminis~xative Center
111 $ Truxtun Avenue
Bakersfie]d, CA 93301
PROPOSED SECURITIZATION OF THE TOBACCO SETTLEMENT REVENUES THROUGH TI:I~
ISSUANCE OF MUI~TCIPAL BONDS
Executive Summary
The purpose of this report is to.reCommend securitizing the County's future annual Tobacco Settlement Revenues (TSRS) '
through the issuance ofmuniaipal bonds. By isSUing'bonds, the County would transfer the risks related to the unpredictable/.
ihature*Of the TSRs t0bondholders and receive a lump sum amount up-front~ ~In exchange, the County's ahnuai TSRS would
~be-eommitted to pay the annual debt service on the bonds/The par amount of the bonds, currently estimated at between $100~
million and $1 I0 million, represents the present Value of the TSRs over the next forty yea~, discoUnted to compensate
,inVestors for their risk. The discount, or differenCe in the net present value between receiving the TSP,.s over 40 yeaxs and:
,~ecurltizif~g by issuingbonds at a pax amount of $105 million for a 40 year term, is currently estimated at$4.4 million. This~
net presei~t value amount, which includes the eo~ts of issuance estimated at between $1.2 million and $1.6 million, represents~;
'the-costS'associated with transferring the unpredictable nature of the TSRs for a ~table-annual revenue, source. The.stable
~,eVenue-sou~cc is derived from the annual interest earnings on the proceeds of the bond is_auance..;
~ecudtizarion Non-Sec .uritization Difference
Net Present Value of 40 Years $ ~ 39,794,542 $144,176,717 ($4,382,265)
Worth of TSR Revenues
The County Administrative Office recoxmnends that your Board approve the issuance of tobacco securitization bonds because
the benefit of providing a stable and "protected" revenue source is worth thc incremental costs (approximately $4A million)
associated with the bond discount and costs of issuance. It is further recommended that the tax-exempt bonds be issued on
a stand-alone basis with all available annual TSRs applied to debt service, and that the bond proceeds be held in a trust fund
to generate a steady, predictable revenue stream of annual interest earnings. The basis for this recommendation is presented
below.
Background
On November 23, 1998, forty-six states, the District of Columbia, and several U.S. territories and caries emered into a Master
Settlement Agreement (MSA) with ~e four major domestic tobacco companies. Under the MSA, it is expected that through
the year 2025 the tobacco industry will pay in excess of $200'biIlion to the settling parties. The TSR$ received annually by
the State of California will he divided evenly, with one-half going ~o the 58 counties and the four cities of San Francisco, Los
Angeles, San Diego, and San Jose, and the remaining one-half being retained by the State. The amoum allocated to each
county is based on populmion and will be adjusted every ten years pursuant to the federal census. As set forth in the MSA,
and the basis for the original lawsuits against the participating tobacco manufacturers, the settlement paymems represent
reimbursement for past tobacco-related health care costs incurred by municipalities that historically provided health care
Proposed Securitization of Tobacco Settlement Revenues
October 17, 2000
Page 2
services. Your Board has complete dlscretion"over the use of these funds. The State's 50% share of the TSRs are also
discretionary-use monies.
The County received $8.5 million in TSRs in Fiscal Year 1999-2000, and is expected to receive an additional $6.4 m/Ilion
in TSRs during FY 2000-01, for a two-year combined mount ors I4.9 m/Ilion. This full amount was allocated by your Board
during the FY 2000-01 Budget Hearings. The proposed securitization would not affect this year's allocation but would pledge
the Cotmty's future annual TSRs for a maximum period of 40 years.
Risks Related to Tobacco Litigation Settlement Revenues
The annual TSRs paid by the tobacco companies are subject to adjustment~ and risks which make fu~xe rcv~-nue projections
difficult. Because of these risks, .the financial rating agencies and municipal finance advisor firms have sU'ongly
recommended that these uncertain revenues either be used mainly for one-time costs or bonded against to transfer the risks
from the receiving agenoy to bondholders, rather than rely/ng on these monies to .£mance ongoing p.r_ograrn costs. Following
is a brief reset/priori of the major risk factors associated with the annual TSRs.
Vol_nme Adius~monts: Domestic cigarette eonsu~t~vtion is the factor w/th the single greatest potential/mpact on the County's
future TSRs. The MSA contains provisions that allow the participat/ng tobacco manufacturers to decrease the amount they
pay if the nationwide sales of cigarettes decrease. More sPecifically, each year the amount of the payment w/ll be adjusted
based on thc volume of c/garettes shipped within the Un/ted States for sale. The volume of domestic sales is threatened not
only by decreased consumption, but also a potential increase in the share of illegal tobacco sales on the "black market"
Higher tobacco prices resulting from recent voter-apl~roved tobacco taxes, especially in California, and surcharges to finance
the tobacco induslry's payments of courtjudgemen~ and/or litigation settlements have greatly increased the risks associated
with a "black. marker' industry, An increase/n such illegal sales would diminish the amount of TSRs required to be paid by
participating manufacturers.
Master Settlement: Agreement. Risks: Numerous parties have initiated litigation against the participating manufacturers and
the settling parties alleging that the MSA violates cemin provisions of the federal constitution and/or federal and/or state law.
If ultimately successful, these lawsuits could result in a determination that the MSA is void and eliminate the County's TSRs
altogether.
Tobacco Company Bankruptcy Risk: If one or more of the tobacco companies declare bankruptcy, the amount of money
received by the states and ultimately counties could decrease significantly. Bankruptcy by one or more of the tobacco
manufacturers is a real risk given that the manufacturers still face potential lawsuits from individuals and class actions. For
example, a class action suit in Florida against the tobacco manufacl~xers was recently concluded awarding a judgement of
over $200 billion in damages against the tobacco manufactures. The tobacco manufacturers are appealing the case. If a
bankruptcy by one of the participating manufacturers occuned, the remaining tobacco companies would not be responsible
for paying the MSA obligation of the bankrupt company. However, if those smokers who previously bought cigarettes from
the banl~upt company change brands to one of the other participating raanufacturers, the impact could be minimal.
Market Share Reduction Adiustment: The MSA was originally entered into by the four major tobacco companies, referred
to as the Original Participating Manufacturers (OPM). Subsequent to the adoption of the MSA, the majority of the remaining
tobacco companies with domestic sales have agreed to be bound by are terms and lim/tations contained within the MSA.
These companies are referred to as Subsequent Participating Manufacturers (SPM), and when combined with the OPM,
represent more than 95% of the domestic tobacco sales market. The amount of TSRs available on a nationwide basis
decreases if these participating manufactures lose market share to nonparticipating manufacturers.
10/16/2000 13:20 FAX 661 868 3636 CLERK OF THE BOARD ~]004
?
Board of Supervisors
" Proposed Securitization of Tobacco Settlement Revenues
October 17, 2000
Page 3
Inflation Adjustment: The payments made by the tobacco companies will increase anuuallybssed on an inflation adjustment.
As specified in the MSA, the future TSRs will be adjusted annually by 3 percent or the national Consumer Price Index (CPI),
whichever is greater. The uncertain amount of the annual inflation adjustment is another factor contributing to the
unpredic~able nature of the TSR revenue stream.
What is Securitization?
To understand the advantages and disadvantages of. securitization of the TSRs, an explanation of exactly what securitization
is should be provided, Securitization of the TSRs means selling thc right to receive future TSRs to bondholders for a
predetermined-term in exchange for a specified, guaranteed up-fi'ont amount. The concept of securitization cfa receivable
is not limited to Tobacco Settlement Revenues. Currently, many organizations, both public and private, securitize receivables
such as mortgages, auto loans, credit card receivables, and other structured settlements.
Advantages of Securitiziag the County's TSRs
The advantages of securitizing the County's TSRs are as follows:
· The main benefit ofsccuritizing is that thc risks and unpredictability associated with future TSRs, due to the factors
outlined above, is transferred to bondholders. By securitizing, the County would be able to receive the present value
of thc TSRs (for a specified term) up-front and invest the proceeds in such a manner as to provide a stable and reliable
source of annual revenue to the County (this is discussed f~rther below). This is especially important to K~-n County
given the very unique and very volatile nature of our tax base. Kcm County stands alone among California counties
with its very heavy dependence on oxtremely volatile property tax revenues derived from oil and gas properties. The
property taxes generated by these properties are subject to extreme fluctuations on a year to year basis, driven by
volatile and unpredictable oil price swings, This unique tax base composition makes financial forecasting and budget
plarming extraordinarily difficult for Kern County. This circumstance is a strong argument for taking action through
TSP, securitization to increase the certainty, stability, arid rehability of this major revenue source. Conwrsion of an
uncertain revenue stream to a stable a_nd reliable revenue stream will improve the County's ability to plan and manage
its financial resources.
· If the TSP, s are reduced in the future to an amount that is insufficient to pay the full amount of the annual debt service
on the bonds, the County is in no way obligated to make up the shortfall from County funds. Additionally, if the
TSRs were eliminated entirely due to a bankruptcy by a tobacco manufacturer or some other catastrophic event, the
County would be assured of receiving the benefit of 40 years worth of projected TSRs.
· The issuance of securitization bonds will not be included in any County debt milos, as the County General Fund (or
· any other County funds) will in no way be pledged or tied to the repayment of these securitization bonds. Conversely,
rating agencies have indicated the potential for looking negatively upon Counties that do not securitize and become
dependent on the unstable and unpredictable TSRs as a funding source for ongoing programs.
· Securitization could eliminate the perception of the Countybeing tied to the tobacco industry. It could be perceived
that receiving the TSRs ia a conflict of interest because the County would be relying on a revenue supported by the
tobacco industry.
~10/16/2000 13:21 FA,X 661 868 3636 CLERK OF TEE BOARD l~005
Board of Supervisors
Proposed $~cur/tizat/on of Tobacco Settlement Revenues
October 17, 2000
Page `4
Disadvantages of Securitizing the County's TSgs
The there are two primary disadvantages of securitizing the County's TSRs. The ftrst disadvantage is the cost associated with
securitizing and the second disadvantage is the temptation to deplete the bond proceeds thereby reducing or eliminating the
long term benefits. The two types of costs associated with securitization are as follows:
The first type of cost associated with the securitization is in the form of the difference between the slightly higher
interest rate that the County will pay to investors to compensate them for the risk they will be accepting inherent in
the TSRs versus the interest rate earned by the County on investment of the securitization proceeds. The County's
investment of the bond proceeds is restricted to lower risk, tax-exempt instruments that will yield a slightly lower
interest rate than the rate paid on the bonds. The restriction to lower risk inveshnents is pursuant to State law
governing the investment of public monies. The restriction to tax-exempt instruments is pursuant-to Internal Revenue
Service Code which states that any proceeds received through the issuance of tax.exempt debt must only be invested
in taX-exempt insmmaents. The net interest component (interest paid on the bonds less interest earned on the bond
proceeds) over the life of the financing, represents the cost associated with the transfer of TSR risks to the
bondholders. This cost is difficult to quantify because the investment market will determine the interest rate paid
on the bonds. However, our best estimate of this amount, expressed in net present value terms, is $4.a rrfillion. This
estimate assumes a bond par amount of $105 million, an .interest rate paid on the bonds of 6.38%, an avcrage annual
interest earnings rate of 5.93%, and a present value factor of 5.50% per year. The net present value of the TSRs, if
received and budgeted by the County each year for40 years and not securitized, is 14~,176,717. The net present
value if securitized for a t~m~ of 40 years is $139,794,542 (a difference of approximately $4.4 million). It should
be noted th at with the same scenario, the overall monetary benefit to the County ofsecuritizing is approximately $121
million more than not securitizing. Exhibit A presents a breakdown of the net present value and total monetary
benefit comparisons of securifizing vs. not-securitizing the TSRs utilizing the assumptions indicated above.
.Securitization Non-Securitization Difference
Net Present'Value of 40 Years $139,794,542 $144,176,717 ($4,382,265)
Worth of'Revenues
Total CountY Monetary Benefit $518,,454,050 $397,47'8,816 $120,975,234
Over 40 Years
The second type of cost associated with securitization is the cost of issuance attendant to this type of financing which
is higher than the County generally pays for its Certificates of Participation (COP) financings. These higher costs
come in the form of higher professional and rating agency fees as a result of the complexity of the financing and the
need for an independent TSR each flow analysis required by the rating agencies. It is anticipated thatthe cost of
issuance, including the underwfiter's fee, would be between $1.2 million and $1.6 million.
· The other disadvantage of securitization is the temptation to deplete the bond proceeds. One of the primary reasons
for recommending securitization is that it allows the County to stabilize a volatile revenue source. The stabilized
revenue source is the interest earnings on the Wast fund with the assumption that the fund will remain intact for the
duration of at least the 40 year term. Because the mast fund can be appropriated for capital expenditures at any time,
there could'be a temptation-by future boards to deplete the trust fund. Reduction or elimination of the trust fund will
10/16/2ooo 1;):21 FAX 661 868 3636 CL~I~ OF ~ BOARD ~]006
Board of Supervisors
Proposed Securitization of Tobacco $¢.lement Rewnues
October 17, 2000
Page 5
cause a reduction or elimination of future interest earnings thereby reducing or eliminating the future, long term
benefits of securitization.
What Other California Counties Are Doing
To date, five tobacco securitization financings have been completed, all within thc State of New York. Many counties in
California have begun thc securitiziation process.includingthe counties of SanDiego, Sonoma, Stanislaus, Sacramento, Napa,
Merced, and Riverside. All of these counties intend to close their financings by the end of the calender year. In addition to
these stand-alone bond issuances, the California State Association of Counties (CSAC) is coord/hat/ng a tobacco
securitization pool of California counties that is also anticipated to close before the end of the calender year. The CSAC pool
anticipates having a minimum often counties participating. At the currant time several small counties ha. ye indicated .intent
toj oin the CSAC pool. The pool offers a good opportunity for these small counties as 'the prohibitively high cost of issuance
of. tobacco securitization bonds makes it infeasible for them to issue these type of bonds on a stand-alone basis. Kern County
bas the option of completing a securitization financing on its own or joining the CSAC pool. This option is discussed later
in this.report in thc Options for Securitization section. "
Time Sensitive Nature of Tobacco Securitization FinanCing
Timing is especially critical when contemplating a tobacco securitization financing. If the decision is made to authorize the
issuance of tobacco securitization bonds, it is in the best interest of the County to issue as quickly as poss~le. As noted
above, there are many other counties currently in the securitization process, and each one wants to price their respective
financings by the end of the calendar year.
The need to proceed aggressively is driven by the expectation that although the municipal bond investment market is fairly
lar$c, only. a limited sector of the market, consisting of primarily large institutional investors and insurance companies, will
purchase tobacco securitization bonds. Further, it is important to recognize that the underlying credit for all tobacco
securitization financings, whether issued by a California county or any other state or MSA settling entity, is backed by the
same credit, that of the tobacco industry. In managing their investment portfolios, investors cannot prudently permit their
investment portfolios to becornc disproportionately exposed to any one industry.
Although it is impossible to predict with certainty the amount of tobacco industry backed bonds which can efficiently be
absorbed by the market, once the market reaches its saturation point, the ability for an entity to issue tobacco securitization
bonds at cost-effective interest rates will be greatly diminished. Therefore, if the County chooses to issue tobacco
securitization bonds, it must proceed expeditiously.
Use of Securitization Bond Proceeds
One of the most important issues to consider when deciding whether or not to securitize .the County' s TSRs is how the County
would utilize the e~imated $100 million to $110 million in bond proceeds. As a remit of the County issuing bonds on a tax-
exempt basis, and thereby receiving the lowest interest rate available from the market, the 'initial proceeds, if spent, would
be restricted to capital expenditures. Additionally, similar to the res~'ictions on all of the County's outstanding tax-exempt
COPs, the t.'nvestment of thc bond proceeds that are not spent would be restricted to tax-exempt instruments. Although there
is a large number of identified capital projects within the CounDr which would constitute appropriate use of these funds, a
fiscally responsible approach wouldbe to establish a special trust fund to hold and account for the bond proceeds. Thc trust
fund would bc structured to generate stable annual interest earnings, with those interest earnings having n_Do restrictions on
use. This would provide the County with the greatest amount of expenditure decision flexibility on an annual basis, and still
10/16/2000 13:22 FAX 661 868 3636 CLERK OF THE BOARD [~007
Board of Supervisors
· ' Proposed Securitization of Tobacco Settlement Revenues
October 17, 2000
Page 6
protect the core bond proceeds. Additionally, core bond proceeds could be used at any juncture for capital expenditures if
desired by your Board. This trust fund e.stablishment approach very effectively accomplishes the objective of turning the
unpredictable TSRs into a stable and reliable revenue source.
Securitization Issuauce Sm~cture
The tax-exempt trust structure is the sectrritization structuring option that most California counties are pursuing. As stated
before, this trust structure allows the County to turn the unpredictable and potemially volatile TSRs into a stable revenue
source of interest earnings. The trust structure also allows for the flexibility of spending some or all of the proceeds on capital
n~eds at any future date. However, it must be noted that spending all or a part oft. he proceeds will decrease or eliminate the
amount of interest earnings that are generated and available on an annual basis. Since the converse is also true, i.e., that an
increase in the amount of money that is invested will increase the amount of investment earnings, the objective of any
potential bond financing should be to maximize the par amount of the bonds. To this end, there are differem bond structuring
options that can be utilized. The County Administrative Office, in conjunction with the County's Municipal Finance
Consultant, Lcifer Capital, has analyzed and compared different structuring options to maximize th~ ~ar amount of the bonds.
To understand these structuring options, the concept of "residuals" must be discussed. Residuals are the amounts of annual
TSRs leftover (if any) after debt service on securitization bonds has been paid to bondholders. For example, if.the County
issued bonds that required an annual debt service of $5.0 million, and the actual amount of TSRs received by the County was
$6.0 million, the residual would be $1.0 million. ]'he decision on how to treat the possible annual residuals represents the
most important structuring option.
The County will be required to.elect up-front whether to budget and spend the residuals on an annual basis or use any residual
to pay off the bonds at an accelerated rate. The benefit to the County of utilizing the residual to accelerate repayment of
bonds is that this would provide a higher degree of security to investors and rating agencies related to the repayment of the
bonds. This higher degree of security would allow the County to increase the par amount of the bonds and bor~oiv at a lower
interest rate thereby increasing the amOunt of net investment earnings. Also, on a long term basis, the sooner the bonds are
· paid off,.the sooner the County would receive 100% of the TSRs.
However, if the County elects not to pledge the use of any residual TSRs to accelerate debt repayment, it may use the
residuals for either capital or operational expenses, Under this structuring option the County would likely experience slightly
higher interest expense on the bonds and a reduction on trust fund investment earnings due to a smaller bond par mount.
In any case, if the.annual TSRs are less than the amount needed to pay debt service on the bonds, or if they are eliminated
completely, the County would have akeady received the benefit from them in the form of the bond proceeds. There are other
structtmng options, such as supplemental reserve funds, trapping events, and capitalized interest that will be discussed in
detail at a later date if your Board authorizes the issuance of tobacco securitization bonds.
Options for Securitization: Stand-Alone vs. Multi-County Pool
As mentioned earli er in.this report, the County has thc'option of issuing tobacco securitization bonds on a stand-alone basis
or within the CSAC securitization pool. There are advantages and disadvantages of each option.
In a stand-alone financing, the County has more control over the structuring options which may allow the County to achieve
a higher par amount than under the pooled scenario. At this time it is not possible to precisely determine the maximum par
amount of the County's potential financing, as the size will largely be determined by the rating agencies based on their
~10/16/2000 13:23 FAX 661 868 3636 CLERK OF Tile BOA.RI) ~ 008
Board of SuperVisors
Proposed Securitization of'Tobacco Settlement Revenues
October 17, 2000
Page 7
analysis of the County's proposed financing structure. A stand-alone f'mancing provides the County with the greatest
flexibility with respect to timing the sale of the bonds to avoid short-term supply and demand issues and market glitches which
would otherwise increase the interest rate paid on the bonds. Finally, by issuing on a stand-alone basis, the County would
not incur any ~ross-collateralization risk inherent in the pool This means that if the TSRs received by any county included
in the pool were insufficient to pay the debt service on their portion of the bonds, the remaining pool participants are, at least
in the short term, liable to make up the deficient couuty's debt service. Although the probability of this occurring is remote,
it is a factor to consider.
The only disadvantage of issuing on a stand-alone basis versus issuing as a participant of the CSAC pool is increased issuance
costs. It is anticipated that the issuance costs associated with a.stand-alone financing will be $200,000 to $300,000 more than
the issuance costs associated the CSAC pool. However, the~e is a potential of issuing on a stand-alone basis and Still sharing
some issuance costs with another County and thereby reducing the difference in issuance costs between the stand-alone option
and the CSAC pool option to between $100,000 and $150,000.
The CSAC pool structure offers advantages inherent in the diversification of risk to the investor ass'6~iated with a pool which
may allow the pool to borrow at a slightly lower interest rate. It is difficult to estimate what effect joining the CSAC pool
would have on the maximum par amount the County could realize. Again, the final determination of par amount will
ultimately be made by the rating agencies based on their analysis of the proposed CSAC pool £mancing with respect to
anticipated TSRs of the pool and su'ucturing options of thc issuance. Issuing with the CSAC pool could reduce the County's
flexibility with regard to structuring options and market-entry timing. Additionally, the County would incur some eross-
collateralization risk by participating in the pool.
Legal Structure for Securitiziug
The issuance of tobacco securitization bonds requires a specific legal structure that is more complicated than a traditional
County issued COP. With a COP, the County issues bonds tl~ough the use cfa County established non-profit corporation,
the Kem Asset Leasing Corporation; With tobacco securitization bonds, the County has to issue bonds through a separate
County established non-profit corporation (NYC) and a Joint Powers Authority (;PA). More specifically, the legal structure
is as follows: the County sells the rights to receive the annual TSRs to the NPC by way cfa %ne sale'. The NPC enters into
a loan agreement with the/PA secured by the TSRs. The/PA issues bonds and loans the proceeds to the I',]PC. The lq'PC
makes loan payments back to the/PA with TSRs received anuually and the/PA.pays the bondholders. Exhibit C provides
a diagram of the legal structure cfa tobacco securitization financing.
The lq'PC serves two purposes. First, it is intended to provide legal separation between the County and the TSRs being sold
and the bonds secured by the TSRs. Secondly, the law specifically allows/PAs to issue bonds and loan money to non-profit
corporations, but not to governmental agencies. The lqYC is proposed to be called the Kern County Tobacco Funding
Corporation and would be comprised of ttuee directors with two County representatives (either elected or staff) and one
independent member.
The County will need to either form a ;PA with another county or join au existing/PA. Currently, Stanislaus and Mereed
counties are in the process of forming the California Multi-County Tobacco Financing Agency (/PA) and has offered Kern
County the opportunity toj oin the/PA. The draft formation docum~ts for this proposed 3PA provides for each participating
county to have two representatives on the/PA Board. Ail members of the/PA Board would vote on administrative matters
or matters of conu,,on interest to the 7PA. However, only the Board members designated-by each particular county would
vote on matters relating to the issuance of bonds by such county or other matters relating to such.bonds.
.'10/16/2000 13:24 FAX 661 868 3636 CLERK OF THE BOARD ~009
Board of Supervisors
Proposed Securitization of Tobacco Settlement Revenues
October 17, 2000
?age 8
In order for the County to issue tobacco securitization bonds, your Board would need to take the following aclions to establish
thc required legal structures and entities.
1. Approve the execution oft.he ~PA agreement joining the California Multi-County Tobacco Financing Agency, and
designate the County's two representatives to the IPA Board.
2. Establish the Kern County Tobacco Funding Corporation and adopt Articles of Incorporation and By-Laws for the
NPC and designate directors for the NPC.
3. Approve the execution of the Sale Agreement which provides for the sale of the TSRs to the Kern County Tobacco
Funding Corporation.
4. Establish the parameters regarding the terms of ibc Sale Agreement, including a minimum price for the TSRs as well
'"" as the maximum par amount'of bonds and maximum interest rate for the bonds. ...
5. Approve the i'orm o£ the indenture pursuant to which the bonds will be sold.
Steps Required Subsequent to Approval of Securitization
If your Board approves the securitization of TSRs through the issuance of municipal bonds, the following steps would be
required to successfully complete the process;
1. Approve a ~esolution authorizing the execution of the IPA agreement joining the California Multi-County Tobacco
Financing.Agency, and desitmating the County's two representatives to the ~PA Board; establish the Kern County
Tobacco Funding Corporation and adopt Articles of Incorporation and By-Laws for the NPC and designate directo£s
for the NPC; approve the execution of the Sale Agreement; establish the parameters regarding the terms of the Sale
Agreement; and approve the form of the indenture pursuant to which the bonds will be sold.
i1. Selection and execution of agreements for the following professionals: bond counsel, disclosure counsel, financial
advisor/structuring agent, underwriter, and underva-iter's counsel/disclosure counsel. Professionals will be
recommended to the Board based on their knowledge of, and experience in working with, the unique aspects of
tobacco settlement revenue securitization;
3. County staff to work with professionals to finalize bond structure;
4. Approval of financing documents by the Board of Supervisors;
5. County staffto work with outside professionals to secure a rating ~rorn one or more of the rating agencies, price the
bonds, and close the bond issuance.
Conclusions
Conclusion 1: The County Adminis~rati-ee Office concludes that it is in the County's best interest to securitize its annual
TSRs based on the facts that: (a) given the amount of volatility already inherent in the County's tax re~renues due to the
fluctuating nature of the price of oil, stabilizing an unpredictable revenue slream is of great benefit to the County for budget
planning and fiscal management purposes; and(b) if the TSRs were eliminated altogether due to a bankruptcy by a tobacco
'10/16/~000 13:~ FAA 661 868 1}636 CLEI:LK OF THE BOARD ~010
Board of Supervisors
Proposed Securitization of Tobacco Settlement Revenues
October 17, 2000
Page 9
manufacturer or some other catastrophic event, the County would be assured of receiving the benefit of the TSRs through
this "protection" m~chanism.
C~chsion 2: If your Board approves the issuance of tobacco securitization bonds, we believe that the tax-exempt trust
su~ucture should be utilized with any residuals being applied to pay offthe bonds at an accelerated rate. The advantages of
this approach are: (a)an increase in the par amount creating sn increase in the overall inter~st earnings; Co) a decrease in the
interest rate paid on the bonds creating an increase in the net interest earn/ngs; (c) receipt of the maximum net present value
o fthe TSRs; and (d) an expected favorable impact on the County's overall cred/t rating because of selecting this more fiscally
conservative approach.
_Conclusion 3: If your Board approves the issuance of tobacco securitization bonds, it is recommended that bonds be issued
on a stand-alone basis. The County Administrative Office believes that the incr~nental increase in the issuance costs
associated with a stand-alone financing is worth retaining the market timing and bond structuring flexibility, and avoiding
the cross-collat~alization risk inherent in the pool.
Recommendations
Therefore, IT IS ILECOhO/IENDED that your Board take thc following actions:
1. Approve the proposal for the issuance o£tobacco securitization bonds with a maximum term of 40 years on a stand-
alone basis utilizing the tax-excml~t U'ust structure;
2. Approve the bond su-ucturing option that applies all available annual Tobacco Settlement Revenue residuals toward
repayment of the bonds at an accelerated rate; and
3. Refer to the.County Administrative Office and County Counsel the creation of the required non-profit organization
and preparation of the necessary documents to join the required joint powers authority.
Sincerely,
Scott E. 3ones
County Administ~tivc Officer
SF-J/$K/O0069
Attachments
cc: County Counsel
Auditor-Controller-County Clerk
Treasurer-Tax Collector
.:10/16/Z000 13:~5 FAX 661 $65 ~§36 CLERK OF TH~ BOARD
Exhibit A
COUNTY OF KERN
COMPARISON OF TOTAL MONETARY BENEFIT AND NET PRESENT VALUE (NPV)
SECURITIZATION V$, NON-SECURITIZATION
Securitization Non-Securitization
Fiscal YeR[ Ac. tuaL$ NPV $ AcJIJaL~ NPv
2000-01
200~1-02 3,476,081 3,3~4.,194 6,277,204 6,0§7,098
2002-03 5,339,941 4,884,075 7,874,962 7,202,684
2003-04, 5,375,919 4,660,646 7,979,227 6,917,582
2004-05 5,418,176 4,452,399 7,005,291 5,756,615
2005-06 5,453,856 4,255,864 7,083,026 5,517,055
2006-07 5,514,188 4,071,153 7,176,520 5,298,464~
2007-08 5,570,155 3,898,081 7~70,¢06 5,087,943
2008-09 5,655,636 3,751,566 7,878,298 5,225,929
2009-10 5,719,465 3,596,119 7,989,858 5~023,631
"~.: 2010-11 5,741,728 3,421,912 8,095,618 4,824,766
-:' 2011-12 5,766,328 3,257,415 8.211,199 4,638,550
2012-13 5,793,839 3,102,328 8,378,445 4,486,263
2013-14 5,823,97'4 2,955,890 8,489,225 4,308,607
2014-15 5,856,$97 2,817,630 8,597,071 4,135,870
2015-18 5,892,731 2,687,080 8,703,223 3,968,66'~
2016-17 5,931,804 2,563,883 8,826,396 3,815,003
2017-18 $,974,362 2,447,657 8,949,405 3.666,513
2018-19 6,025,694 2,339,988 9,692,343 3,763,876
2019-20 6,081,290 2,238,462 9,821 t083 3,615,043
2020-21 6. ~ 41,478 2,142,765 9,946,223 3,470~.42
2021-22 6,206,627 2,052,602 10,082,764 3,334,485
2022-23 6,277,065 1,967,675 10,284,715 3,223,955
2023-24 9,782,911 2,906,781 10,427,957 3,098,443
I.' 2024-25 16,061,74s 4,523,603 10,571,274 2,977,276
2025-26 16;217,562 4,329,372 10,727,091 2,869,659
I 2026-27 1 ~,374,TT7 4.143,452 10,884,306 2,754,150
2027-28 16,$34,992 3,965,869 11,044,521 2,648,996
2028-29 16,698,343 3,796,255 11,207,872 2,548,033
2029-30 16,865,400 3,634,345 11,374,928 2,451,197
2030-31 17,035,913 3,479,705 11,545,442 2,358,238
2031-32 17,207,779 3,331 ;S73 11,717,308 2,268,S71
2032-33 17,379,100 3,189,329 11,888.628 2,181,744
2033-34 17,S55,4.43 3,05:3,736 12,064,972 2,098,679
2034-35 17,733,153 2,923,837 12,242,682 2,018,S70
2035-36 17,912,708 2,799,471 12,422,237 1,941,398
2036-37 18,072,051 2;677,132 12,581,580 1,863,792
2037-35 18,252,505 · 2,562,904 12,762.03a, 1.791.966
~: 2038-39 18,437,480 2,453,912 12,947,008 1,723,165
2039-40 18,628,382 2,350,066 13,137,911 1,6~7,415
2040-41 106,656,~72 12,753,813 13,318,562 1,592,611
_ Totals 51 ~454~0..50 13~.794~542 397~478~816. 144,176,71_7
~'aj~umntlort ~
Par Amount: 105,000,000
Int. Rate Paid: 6.25%
Int. Rale Earned: 6.00%
Term: 40 years
NPV Factor'. 5.50%
Structure: All residuals applied to payment of bonds at an a~celerated rate
KERN COUNTY °
TOBACCO SECURITIZATION
PROPOSED STRUCTURE
Sale ofMSA Reveuues ObJiga(i°ns~l Bonds
Kern > Non-Profit JPA01 Bondho~dem
Cou.~ Corporation
Pumhase(LI Price ("NPC") ~an Proceeds Bond Pr~eeds
(1) Consisting of'loan pmc~ds
(:2) Payable solely from and secured solely by the MSA Revenues.
(3) JPA formed by Kern County and at least one other county.
BAKERSFIELD
Economic and Community Development Department
MEMORANDUM
October 13, 2000
TO: Alan Christens.~n.
FROM: David Lyman ~
SUBJECT: Guy Chaddock and Company
At the October 1 l, 2000 Council meeting, staff was directed to review the agreement with Guy
Chaddock and Company to determine whether the company was in compliance with this document.
Background: Beginning in January 1994, City staff and Kern Economic Development Corporation
(KEDC) worked together for over two years to attract Chaddock to Bakersfield's enterprise zone from
Los Angeles. On June 26, 1996, the Council approved Agreement No. 96-192 to loan $200,000 to the
company at 0% for five years. For each year the company met the terms and conditions of the
agreement, 20% of the loan amount would be forgiven. These funds were to be applied to buying
down the company's lease on its new location on East Brundage Lane.
In return for this financial assistance, the company agreed that at least 70% of all employees hired in
the first year, and at least 51% of all employees hired in the agreement's remaining four years, be low-
and moderate-income persons. In addition, Employers' Training Resource would be used as a first
source for all employment positions, not merely those filled with low- and moderate-income
individuals.
Performance: The agreement calls for the company to create 35 new jobs. To date, the company has
hired 318 new employees. In each year, the company has surpassed the percentage of low- and
moderate -income individuals required by the agreement. The table below shows the company's
performance to date.
~ :: S~tu:~i~f: E~:~[~: performa
jobs to be new new hires that % of hires that
created hires were Iow-mod were Iow-mod
35 318 283 89.0%
Additional information: In addition to the current agreement, Chaddock has submitted an application
for an additional loan of $75,000 to assist with the purchase of equipment. The company has recently
expanded into an adjacent location to accommodate the increased demand for its products. As with
each application for financial assistance, a variety of financial documents are required, and the
company has been working with city staff to assure that the correct documents are provided.
Conclusion: Guy Chaddock and Company has exceeded the hiring and low- and moderate-income
targets as outlined in its agreement with the City of Bakersfield.
dl:S:\David L\Chaddock performance memo.wpd
CONFIDENTIAL - PROTECTED
M E M O R A N I~ U M BY ATTORNEY-CLIENT AND
ATTORNEY WORK-PRODUCT
PRIVILEGES
October 18, 2000
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: BART J. THILTGEN, City Attorney --
SUBJECT: Guy Chaddock Furniture Company /~o~ Co/~ed/~
City Council Referral No. WF0018647 ~'~,,., ~.~
Attached is a memorandum from Deputy City Attorney Andrew Thomson which
provides a legal analysis of the issue of whether the City of Bakersfield has jurisdiction to
address the concerns of employees of Guy Chaddock Furniture Company, as were
expressed by the employees at the October 11, 2000 City Council Meeting.
In summary, state and federal law preempts the City of Bakersfield from enacting
or enforcing any law involving the labor relations and/or safety issues raised by the
employees. Moreover, even though the City's Fire Department or the County Health
Department would respond in an emergency, enforcement of any violations of law would
be by federal or state administrative agencies, or their legal representatives, namely the
U.S. Attorney and the California Attorney General or the District Attorney, respectively.
This preemption was memorialized in the loan contract we executed with the
company in 1996, wherein it states, "if this agreement conflicts with any labor laws or other
governmental relations, those laws or regulations shall prevail." Further, the agreement
requires the company to comply with all state and federal laws which apply to the
agreement.
Even though the City may be preempted by federal and state law, such preemption
does not prohibit individual council members from expressing either verbally or in writing
their opinions or positions regarding any of the issues raised. Such an expression would
not be legislative in nature and would be an exercise of free speech.
BJT:laa
cc: Alan Tandy, City Manager
S:\COUNClL\Referrals\Chaddock.cvr. wpd
CONFIDENTIAL- PROTECTED
BY ATTORNEY/CLIENT AND
ATTORNEY WORK PRODUCT
PRIVILEGES
October 16, 2000
TO: BART J. THILTGEN, CITY ATTORNEY
FROM: ANDREW C. THOMSON, DEPUTY CITY ATTORNEY /~/~
/
SUBJECT: GUY CHADDOCK FURNITURE COMPANY EMPLOYEES REQUEST FOR
ASSISTANCE FROM THE CITY COUNCIL
ISSUE
Does the City of Bakersfield have any jurisdiction (standing) to intervene, interfere
and/or provide assistance to the employees of the Guy Chaddock Furniture Company in
their ongoing labor dispute?
SHORT ANSWER
No. The City of Bakersfield, as a municipal entity, is preempted in both the labor
relations and safety areas by state and federal law.
LONG ANSWER/RESEARCH
At the council meeting On October 11, 2000, employees from Guy Chaddock
Furniture Company~ who are engaged in a labor dispute with the company. The two
primary areas of focus in the employee's statements were labor relations/negotiations and
safety2 issues. The City of Bakersfield is preempted from engaging in legislative activity
involving these areas since labor relations and safety issues are primarily state and federal
government concerns.
~Guy Chaddock Furniture Company is a Bakersfield based company that relocated to the City of
Bakersfield from Southern California through the efforts of the Economic and Community Development of
the City of Bakersfield (ECDC).
2Safety issues included issues concerning heating and air conditioning in the facility.
S:~Act\MEMOS\ChaddockBJT.wpd
October 16, 2000 CONFIDI:NTIAL
Page 2
The California Constitution grants broad police powers3 to cities with a limitation
which provides that local laws may not be in conflict with general or state laws. (California
Constitution Article IX, section 7.) A local law is in conflict with the state law within the
meaning of Article IX, section 7 if it duplicates, contradicts or enters a field which has been
fully occupied by state law, whether expressly or by legislative implication (People Ex Rel.
Dukemejian v. County of Mendocino (1984) 36 Cal.3d 476, 784.) The same is applicable
to federal law.
Despite the foregoing, Charter cities, such as the City of Bakersfield, have certain
autonomy with respect to municipal matters. As such, a charter city may enact laws which
conflict with state law as to any matter which is deemed to be a local or municipal affair
rather than a matter of statewide concern. (Committee of 7000 v. Superior Court (1988)
45 Cal.3d 491,505.) A matter is considered to be of statewide concern when its impact
is "primarily regional" even if the impacts are not truly statewide. (Committee of 7000 v.
Superior Court (1988) 45 Cal.3d 491, 505.) The traditional approach to defining a
"municipal affair" is to catagorize certain subjects as municipal affairs or as'issues of
statewide concern. (Ector v. City of Torrance (1973) 10 Cal.3d 129, i32-133.)
The two issues in this matter, labor relations and safety, are preemPted by both
federal and state rules and regulations. The National Labor Relations Board generally
oversees all labor relations'and unionizing issues, however there are some state agencies,
such as the Department of Fair Employment and Housing (DFEH), that oversee certain
other labodemployment issues. In this instance, the unionizing activity of the employees
of Guy Chaddock would fall under the National Labor Relations Board and is clearly not
an issue which can be addressed by the City, nor an area in which the City could
implement legislation affecting the outcome of the unionizing activity.
The safety issue, including heating and air conditioning for the employees, is
generally a federal issue underthe Occupational Safety and Health Administration (OSHA).
Federal OSHA may delegate some of its authority to various states and state agencies
upon receipt of pre-approved applications and documents setting forth applicable
standards and methods of enforcement by the state agencies. CalOSHA has provided
such materials to OSHA and is therefore the governing body for safety and health issues
related to employment within the state of California. The heating and cooling issues are
3A local municipality's police powers include the right to act for the benefit of the safety, health
and general welfare of the affected populous.
S:~,ct\MEMOS\ChaddockBJT.wpd
October 16, 2000 CONFIDENTIAL
Page 3
generally issues of employee comfort and/or safety and are thus appropriately addressed
° through CaIOSHA. In the event that there is an emergency related to the heating or air
conditioning of the facility, even though the fire department or other local health and safety
personnel might be required to respond, the area is still preempted by CalOSHA which
would need to conduct its own investigation.
Based on the foregoing,~ it appears that the City is not in a position to provide any
assistance to the employees of Guy Chaddock at the present time.
ACT:tkb
S:~,ct\MEMOS\ChaddockBJT.wpd
S:~,ct\M EMOS\ChaddockBJT.wpd
MEMORANDUM
October 19, 2000
TO: Alan Tandy? City Manager ~
FROM: Jack Hardisty, Development Services Di~
SUBJECT: Union Avenue Motels - City Council Refe~#WF0018665
The following summarizes recent work on Union Avenue motels to date:
CHAPARRAL MOTOR INN - 333 Union Avenue
3/13/00 City Code Enforcement and the Kern County Health Department conducted a joint
inspection of the main motel wing. A 7-day notice to abate violations was issued
along with a compliance notice from Kem County Environmental Services.
6/30/2000 A 30-day notice of summary abatement was issued for removal or repair of the fire
damaged north motel wing. Bids for the asbestos removal and demolition of said
building were also requested.
8/22/00 A 7-day notice to abate municipal code violation was sent for overgrown weeds.
The owner is in the process of cleaning the property.
8/30/00 A 30-day notice to abate dangerous building was issued to remove or repair
restaurant building.
10/17/00 The asbestos report has been conducted and all preliminary, bids for the asbestos
removal and demolition have come back for the north wing and we will be
requesting a formal bidding through the Finance Department (see attached
preliminary bids).
10/24/00 Board of Building Appeals hearing scheduled for demolition of restaurant building.
TURNER INN - 701 Union Avenue
1/14/00 City conducted asbestos survey to determine cost to demolish structures on the
subject property (see attached preliminary bids).
6/i4/00. A 30-day notice to abate municipal code violation was issued for the non-
conforming sign for the discontinued business.
Alan Tandy ..
October 19, 2000
Page 2
6/26/00 A notice of violation of uniform code for the abatement, of dangerous buildings was
issued to the owners of the subject property.
9/00 Lawsuit filed by the City Attorney's Office for repair or removal of subject property.
A trial date is pending.
10/13/00 Removal of Turner Inn sign. Completed.
BAKERSFIELD INN - 1101 Union Avenue
4/14/00 A 7-day notice for abatement of dangerous building was issued.
5/00 Asbestos survey conducted to determine costs for demolition of restaurant building.
10/00 Demolition of restaurant building and cleaning of property completed. The cost of
the demolition was around $95,000.
VALLEY 1ti MOTEL - 908 Union Avenue
6/14J00 A 30-day notice to abate municipal code violation was issued for the non-
conforming signs for the discontinued business.
7/7/00 A 7-day notice to abate municipal code violation was issued for overgrown weeds;
junk, trash and debris.
9/00 Removal of Valley Hi Motel signs completed.
10/8/00 Property was once again cleaned.
cc: Dennis Fidler, Building Director
Jack Leonard, Assistant Building Director
Trudy Slater, Administrative Analyst
TURNER INN PROPERTIES
ASBESTOS REMOVAL
Poloynis Fawnlee Total
Parc $10,347 $124,253 $134,600
ASI $15,000 $209,000 $224,000
Abateco $25,000 $125,000 $150,000
DEMOLITION
Poloynis Fawnlee Total
AAA $27,500 $225,000 $252,500
Parc $45,000 $170,000 $215,000
Standard $22,000 $122,721 $144,721
Ind.
CHAPARRAL PROPERTIES - NORTH WING
ASBESTOS REMOVAL
Abateco $38,695
Parc $57,820
ASI $69,600
DEMOLITION
GSI $22,000
Valley Tree $26,745
Global International Engr. $48,483
BAKERSFIELD
Economic and Community Development Department
MEMORANDUM
October 18, 2000
TO: Alan Christensen, Assistant City Manager
FROM: George Gonzales, Community Development Coordinator
SUBJECT: Council Referral #WF0018663 - HUD's $1.00 Home Sale Program
At the October 11, 2000 City Council meeting Councilmember Carson asked staff to check
whether the HUD $1.00 Home Sales (the Good Neighbor Partnerships) Program would
allow for individuals to buy direct from the City or HUD.
The HUD $1.00 Home Sales to governments program was developed to expand HUD's
commitment to partner with local governments in helping to foster housing opportunities
for Iow-income families. This program allows for HUD (foreclosed) homes unsold to the
general public for six months to be sold to the City for $1.00. The City would be
responsible to rehabilitate the dwelling units and sell them to qualified Iow-income
homebuyers. In addition the City would see to it that any profits from resales of these
$1.00 homes go to support local housing/community development initiatives, identify
specific programs or uses generated from those profits, and agree to provide HUD an
annual report on all properties purchased and sold and how profits were used.
Once the $1.00 homes have been posted for the City to purchase, an offer must be
submitted within 10 days. If no offer is made by the City, the homes would then be
marketed to the Officer Next Door/Teacher Next Door participants for an additional 10
days. The Officer/Teacher buyer, could purchase these homes for up to 50% reduction
of the HUD listed price. Should the properties go unsold by the local government, or
Officer/Teacher, HUD would consider a sale to eligible non-profits but only at the 50%
reduction of the HUD listed price.
Staff contacted Evelyn Rockett, Office Manager of the Fresno Office of Golden Feather
Realty Services, Inc., HUD's sales and marketing contractor for the Kern County area. Ms
Rockett confirmed that the direct purchase program only allows local government to
purchase HUD homes for $1.00. The program does not permit individuals, non-profits nor
housing authorities to access the direct purchase program. However, housing authorities
could partner with the City to implement the program. Preliminary discussions have been
made with the Housing Authority of the County of Kern (HACK) and they have expressed
an interest to work with the City to participate in the HUD $1.00 Home Sale Program. An
agreement with HACK will be submitted for City Council action within the next 45 days.
dlk:c:\WINDOWS\TEMP\HUD$1 H-1 .WPD
MEMORANDUM
~~ October 18, 2000
TO: Alan Tandy, City Manager ~x,~tL~
FROM: Gene Bogart, Water Resources Man
SUBJECT: City Council Referral - Proposition 12
In follow-up to the City Council workshop on October 11th, Councilmember Carson requested that
copies of the regulations for Proposition 12 be distributed for information. Since Proposition 12 (Park
Bond) and Proposition 13 (Water Bond) were passed together in the March election, we've included the
text of both propositions in the attached booklet.
If there are any questions regarding these propositions, please don't hesitate to contact our
Business Manager, Maurice Randall at our office.
12
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PROP 13
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.CA Secretary of State - Primary Election 2000 - Text of Proposition 13, http://primary2000.ss.ca.gov/VoterGuide/Propositions/13text.htm
!
~ii~ Protection, and Flood Protection Bond Act.
I ~?! Text of Proposition 13
~ I This law proposed by Assembly Bill 1584 of the 1999-2000 Regular Session (Chapter 725,
!
Statutes of 1999) is submitted to the people in accordance with the provisions of Article
XVI of the California Constitution.
I This proposed law amends, adds, adds and repeals, and repeals and adds sections to the
Water Code; therefore, existing provisions proposed to be deleted are printed in
i BOLDED/UNDERLINED type and new provisions proposed to be added are printed in
italic type to indicate that they are new.
I PROPOSED LAW
ISECTION 1. Division 26 (commencing with Section 79000) is added to the Water Code, to
read:
.I DIVISION 26. SAFE DRINKING WATER, CLEAN WAT~ER,
WATERSHED PROTECTION, AND FLOOD PROTECTION ACT
I Chapter 1. Short Title
I 79000. This division shall be known and may be cited as the Costa-Machado Water Act of
2000.
I #italic#Chapter 2. Definitions
79005. Unless the context otherwise requires, the definitions set forth in this chapter govern
the construction of this division.
I 79006. "Bay-delta means the San Francisco Bay/Sacramento-San doaquin Delta Estuary.
,,
I 79007. "Board" means the State Water Resources Control Board.
79008. "CALFED" refers to the consortium of state and federal agencies with management
i and regulatory responsibilities in the bay-delta that are developing a long-term solution to
water management, environmental, and other problems in the bay-delta watershed.
79009. "Clean Water Act" means the federal Clean Water Act (33 U.S.C. Sec. 1251 et seq.),
and includes any amendments thereto.
I 79010. "Committee" means the Safe Drinking Water, Clean Water, Watershed Protection,
I and Flood Protection Finance Committee created by Section 79212.
79011. "Delta" means the Sacramento-San Joaquin Delta.
1
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79012. "Department" means the Department of Water Resources.
79013. "Fund" means the Safe Drinking Water, Clean Water, Watershed Protection, and
Flood Protection Bond Fund created by Section 79019.
Chapter 3. Safe Drinking Water, Clean Water, Watershed
and Flood Protection Bond Fund
Proteqtion,
79019. Theproceeds of bonds issued and soM pursuant to this division shall be deposited in
the Safe Drinking Water, Clean Water, Watershed Protection, and Flood Protection Bond
Fund, which is hereby created.
Chapter 4. Safe Drinking Water Program
#italic#Article 1. Definitions
79020.'Unless the context otherwise requires, the following definitions govern'the
construction of this chapter ....
(a) "Federal act" means the federal Safe Drinking Water Act (42 U.S.C. Sec. 30Of et seq.),
ahd includes any amendments thereto.
(b) "State department" means the State Department of Health Services. '
(c) "Supplier" means any person, partnership, corporation, association, public agency, or
other entity, including any Indian tribe having a federally recognized governing body
carrying out substantial governmental duties 'in and powers over any area, that owns or
operates a public water system:
Article 2. Safe Drinking Water State Revolving Fund
790211 The sum of seventy million dollars ($70,000,000) is hereby transferred from the fund
to the Safe Drinking Water State Revolving Fund created by Section 116760.30 of the
Health and Safety Code.
Article 3. Safe Drinking Water Program
79022. (a) The money transferr~ed to the Safe Drinking Water State Revolving Fund
Pursuant to Section 79021, except as otherwise provided in Sections 79022.7 and 79025,
shall be used by the state department for loans and grants to suppliers for the purposes, of
undertaking infrastructure improvements and related aCtions to meet safe drinldng water
standards, in accordance with the Safe Drinking Water State Revolving Fund Law of 1997
, (Chapter 4.5 (commencing with Section 116760) of Part 12 of Division 104 of the Health
and
Safety Code).
(b) A supplier that is eligible for grants under Section 300j-12(i) of the federal act (42
U.S.C. Sec. 1452(0) may concurrently make application for funds annually appropriated
under the federal act and for bond proceeds made available under this chapter. The state
department shall not place a public water system on the priority list for project funding or
enter into a contract and award a grant or loan ifa supplier has previously received a
grant for public water system expenditure for the same project under Section 300j-12(i) of
the federal act (42 U.S.C. Sec. 1452(0) or if the supplier does not have a public water
system permit pursuant to Section 116525 of the Health and Safety Code. The state
department may place a public water system on the priority list for funding ifa supplier has
not otherwise received a letter of commitment to make a grant from the Administrator of the
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Environmental Protection Agency after 180 days from the date of the original submission of
an application for a grant under Section 300j-12(i) of the federal act (42 U.S.C. Sec.
1452(0).
(c) The Legislature finds and declares that Indian tribes shall be encouraged to cooperate
with an adjacent public water system to determine whether the delivery of water from the
public water system to the Indian tribe would be feasible andcost-effective in comparison to
the improvement of a public water system owned or operated by the Indian tribe. The
determination of feasibility shall include an assessment of whether the tribal water supplier
possesses adequate financial, managerial and technical capability to ensure the delivery of
pure, wholesome, potable water to consumers. The Legislature further finds and declares
that public water suppliers shall be encouraged to investigate opportunities for Indian
tribes to deliver water beyond trust land boundaries to consumers that may not be
economically served by a public water system.
(d) state department encourage or grant applicants, where feasible, to
The
shall
loan
consider the consolidation of small public water systems and community water systems with
other public water systems to reduce the cost of service and improve the level of protection
for consumers.
(e) To the extent that loans under this chapter that are made to a public water system
regulated by the Public Utilities Commission bear a lower interest rate than that supplier
could receive from nongovernmental sources, the Public Utilities Commission shall ensure
that the entire benefit of the interest rate differential shall benefit the rate payers of that
system by including the lower interest rate when establishing the water system's weighted
average cost of capital.
79022.5. Any repayment of loans made pursuant to this article, including interest payments,
and all interest earnings on or accruing to, any money resulting from the implementation of
this chapter in the Safe Drinking Water State Revolving Fund shall be deposited in that fund
and shall be available for the purposes of this chapter.
79022. 7. Notwithstanding Item No. 4260-115-0001 of Section 2. O0 of the Budget Act of
1999 (Chapter 50, Statutes of 1999), no money transferred to the Safe Drinking Water State
Revolving Fund pursuant to this article may be transferred to the General Fund.
79023. There is hereby created in the Safe Drinking Water State Revolving Fund the
Technical Assistance Account.
79024.Of the funds transferred pursuant to Section 79021, the sum of two million dollars
($2, 000, 000) is hereby transferred from the Safe Drinking Water State Revolving Fund to
the Technical Assistance Account.
79025. (a) Notwithstanding Section 13340 of the Government Code, the money in the
Technical Assistance Account is hereby continuously appropriated, without regard to fiscal
years, to the state department, to provide technical assistance to public water systems in the
state in accordance with Section 300j-12(g)(2) of the federal act (42 U.S.C. Sec.
1452(g)(2)). For the purposes of this section, "technical assistance" includes assistance to
disadvantaged communities, including Indian tribes.
(b) In carrying out its responsibilities under subdivision (a), the state department may do
any of the following:
(1) Assess the technical managerial and financial capability o fa disadvantaged
community.
(2) Assist an applicant in the preparation of an application for funding under Chapter 4.5
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(commencing with Section 116760)' of Part 12 of Division 104 of the Health and Safety
Code or Section 300j-12(i) of the federal act (42 U.S.C. Sec. 1452(i)).
(3) Conduct workshops in locations in or near disadvantaged communities to provide
information regarding grants or loans for the design and construction of projects for pUblic ·
water systems.
79026. Not more than 3 percent of the total amount deposited in the account may be used to
pay
costs
incurred in connection with the administration of this chapter.
Chapter 5. Flood Protection Program
'#italiC#Article 1. Flood Protection Account
79030. For the purposes of this chapter, "account" means the Flood Protection Account
created by Section 79031.
79031. The Flo°d Pr°tection Account is hereby created in the fund. The sum of two hundred
ninety-two million dollars ($292, 000, 000) is hereby transferred from the fund to the
account.
Article 2. Floodplain Mapping Program
79033. (a) There is hereby created in the account the Floodplain Mapping Subaccount.
(b) The sum of two million five hundred thousand dollars ($2,500,000) is hereby transferred
from the account to the Floodplain Mapping Subaccount for the purposes of implementing
· this article.
79033.2. (a) There is hereby created in the account the Agriculture and Open SPace
Mapping Subaccount.
(b) The sum of two million five h'undred thousand dollars ($2,500,000) is hereby transferred
from the account to the Agriculture and Open Space Mapping Subaccount.
79033.4.. The money in the Floodplain:Mapping Subaccount, upon approp~'iation by the
Legislature to the department, may be used by the department for the purpose of assisting
local land-use planning, and to avoid or reduce future flood risks and damages. The use of
the funds in that subaccount by the department shall include, but is not limited to, all of the
following:
(a) Mapping newly idemified floodplains.
(b) Mapping rural areas with potential for urbanization.
(c) Mapping flood hazard areas with undefined l O0-year flood elevations. I
(d) Updating outdated floodplain maps. I
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(e) Accelerating mapping of riverine floodplains, alluvial fans, and coastal flood hazard
areas.
Or) Collecting topographic and hydrographic survey data.
I 79033.6. (a) The money in the Agriculture and Open Space Mapping Subaccount, upon
appropriation by the Legislature to the Department of Conservation, may be used by the
Department of Conservation for the purposes of assisting local land-use planning by
I. making available Important Farmland Series and Interim Farmland as those
maps
maps,
terms are defined in Section 65570 of the Government Code. The information provided by
the Department of Conservation is intended for local government use in conjunction with
I floodplain and flood hazard maps developed by the department to protect agricultural land
resources coincident with avoidance or reduction of future flood risk and damage to
residential or commercial land uses. The use of the funds in that subaccount by the
i Department of Conservation shall include, but is not limited to, all of the following:
(1) Accelerating production of Important Farmland Series maps and Interim Farmland
maps.
I (2) Increasing the coverage and availability of soil surveys conducted by the United States
Natural Resource Conservation Service.
I (3) Increasing topographic~ soil, and agricultural crop data collection and enhancing data
gathering capability.
I (4) Developing that incorporates Farmland Series
integrated
mapping
Important
mapping
and Interim Farmland mapping data with other relevant information, including, but not
limited to, floodplain or flood hazard information, planning designation, and other land
I and natural resource data.
(b) For the purposes of this article, "maps" and "mapping" may include digital map files.
I Article 2.5. Flood Protection Corridor Program
79035. (a) There is hereby created in the account the Flood Protection Corridor
I Subaccount.
(b) For the purposes of this article, "subaccount" means the Flood Protection Corridor
I Subaccount created by subdivision (a).
79036. The sum of seventy million dollars ($70,000,000) is hereby transferred from the
i account to the subaccountfor the purposes of implementing this article.
7903 7. (a) The money in the subaccount, upon appropriation by the Legislature to the
department, may be used by the department for flood control projects through direct
I expenditure for the acquisition, restoration, enhancement, andprotection ofrealproperty
for the purposes of flood control protection, agricultural land preservation, and wildlife
habitat protection, and for grants to local public agencies or nonprofit organizations for
I thesepurposes, and for related administrative costs.
(b) The money in the subaccount, upon appropriation by the Legislature, shall be used for
the protection, creation, and enhancement of flood protection corridors through all of the
I following actions:
(1) Acquiring easements and other interests in real property from willing sellers to protect
I or enhancefloodprotection corridors andfloodplains while preserving or enhancing the
agricultural use of the real property.
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(2) Setting back existing flood control levees and, in conjunction with undertaking those
setbacks, strengthening or modifying existing levees.
(3) Acquiring interests in real property from willing sellers located in a floodplain that
cannot reasonably be made safe from future flooding.
(4) Acquiring easements and other interests in real property from willing sellers to protect
or enhance flood protection corridors while preserving or enhancing the wildlife value of
the real property.
79038. (a) For the purposes of this article, the department shall give highest priority to
p(ojects that include either of the following:
(1) Projects that have been assigned high priority for completion by the department for
flood protection purposes and by the Department of Conservation for purposes of
preserving agricultural land in accordance with the Agricultural Land Stewardship
Program Act of 1995 (Division 10.2 (commencing with Section 10200) of the Public
Resources Code).
(2) Projects that have been assigned high priority for completion by the department for
flood protection purposes and by the Department offish and Game for wildlife habitat
protection or restoration purposes.
(b) For restoration, enhancement, and protection projects, the services of the California
Conservation CorPs or community conservation corps shall be used whenever feasible.
79039. (a) In order to ensure that property acquired under paragraph (1) of subdivision (b)
of Section 7903 7 remains on the county tax rolls and in agricultural use to the greatest
extent practicable, the acquisition of easements shall be the preferred method of acquiring
property interests under that paragraph unless the acquisition 'of a fee interest is required
for management purposes or the landowner will only consider the sale of a fee interest in
the land. No acquisition °fa fee interest shall be undertaken under paragraph (1) of
subdivision (b) of Section 7903 7 until all practical alternatives have been considered by the
department.
(b) Any proceeds received from the disposal o fa fee interest acquired under this article
shall be deposited into the subaccount.
'79040. Any acquisition pursuant to this article shall be from a willing seller.
79041. Prior to acquiring an 'easement or other interest in land pursuant to this article, the
project shall include a plan to minimize the impact on adjacent landowners. The plan shall
include, but not be limited to, 'an evaluation of the impact on floodwaters, the structural
integrity of affected levees, diversion facilities, customary agricultural husbandry practices,
and timber extraction operations, and an evaluation with regard to the maintenance
required of any facilities that are proposed to be constructed or altered.
to acquiring an easement or other interest in land pursuant to this article, a
79042.
Prior
pUblic hearing in the local community shall be held. Notification shall be given to the
county board of supervisors of the affected county, adjacent landowners, affected water
districts, local municipalities, and other interested parties, as determined by the
department.
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79043. Money in the subaccount may be used, upon appropriation by the Legislature, to
repair breaches in the flood control system developed pursuant to this article or caused by
the development o fan easement program financed through this section and to repair water
diversion facilities or flood control facilities damaged by a project developed pursuant to
this section or financed pursuant to this section.
79044. (a) (1) In expending grant money pursuant to this article to acquire an interest in
any particular parcel of land, a local public agency or nonprofit organization may use the
money to establish a trust fund in the amount of not more than 20percent of the amount of
money paid for the acquisition. Interest from the trust fund shall be used only to maintain
the lands 'that are acquired pursuant to this chapter.
(2) A local public agency or nonprofit organization that acquires land with money from the
subaccount and transfers the land to another public agency or nonprofit organization shall
also transfer the ownership of the trust fund that was established to maintain that land.
(b) If the local public agency or nonprofit organization does not establish a trust fund
pursuant to subdivision (a), it shall certify to the department that it can maintain the land to
be acquired from funds otherwise available to the agency or organization.
(c) This section does not apply to state agencies.
79044.5. (a) It is the intent of the Legislature to address the problem of soaring federal
flood insurance rates by assisting local governments to meet technical requirements for
participation in the National Flood Insurance Program and the National Flood Insurance
Program's Community Rating System.
(b) Notwithstanding any other provision of this article, of the funds transferred pursuant to
Section 79036, the sum of one million dollars ($1,000, 000) is hereby continuously
appropriated, without regard to fiscal years, to the department, as follows:
(1) Five hundred thousand dollars ($500, 000) to educate and provide technical assistance
to cities and counties regarding the National Flood Insurance Program and the enrollment
process.
(2) Five hundred thousand dollars ($500,000) to educate and provide technical assistance
to cities and counties currently enrolled in the National Flood Insurance Program with
regard to the National Flood Insurance Program's Community Rating System and the
implementation of activities creditable under that system.
79044.6. Notwithstanding any other provision of this article, the sum of five million dollars
($5, 000, 000), upon appropriation by the Legislature to the department, shall be allocated
by the department to the City of Santee for the purposes of flood protection for streets and
highways.
79044. 7. Not more than 5percent of the total amount deposited in the subaccount may be
used to pay costs incurred in connection with the administration of this article.
79044.9. The department may adopt regulations to carry out this article.
Article 3. Delta Levee Rehabilitation Program
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79045. (a) There is hereby created in the account the Delta Levee Rehabilitation
Subaccount.
(b) For the purposes of this article, "subaccount" means the Delta Levee Rehabilitation
Subaccount created b'y subdivision (a).
79046. The sum of th'irty million dollars ($30, 000, 000) is hereby transferred from the
account to the subaccount for. the purposes of implementing this article pursuant to Section
12986.
79047. Notwithstanding Section 13340 of the Government Code, the money in the
subaccount is hereby continuously appropriated, without regard to fiscal years, to the
department, as follows:
(~) Fifteen million dollars ($15, 000, O00) for local assistance under the delta levee
maintenance subventions'program under Part 9 (commencing with Section 12980) of
Division 6, and for the administration of that assistance.
(b) Fifteen million dollars ($15, 000, O00) for special flood protection projects under
Chapter 2 (commencing with Section 12310) of Part' 4.8 of Division 6, subsidence studies
and monitoring, and for the administration of this subdivision. Allocation of these funds
shall be for flood protection projects On Bethel, Bradford, Holland, Hotchkiss, Jersey,
Sherman, Twitchell, and Webb Islands, and at other locations in the delta.
(c) Any funds that are made available under subdivision (a) may be used to reimburse local
agencies for the state's Share of costs for eligible projects completed on or after July 1,
1998.
79048. The expenditure o f funds under this article is subject to Chapter 1.5 (commencing .
with Section 12306) of Part 4.8 of Division 6.
79049. Of the funds appropriated pursuant to subdivision (a) or (b) of Section 79047, not
more than 5 percent may be expended by the department to repair levee road pavement if
the damage is attributable to flood control maintenance.
79050. No expenditure of funds may be made under this article unless the Department of
Fish and Game ma. kes a written determination as part of its review and approval of a plan
or project pursuant to Section 12314 or 12987. The Department ofFish and Game shall
make its determination in a reasonable and timely manner following the submission of the
project or plan to that. department. For the purposes of this article, an expenditure may
include more than one levee project or plan.
79051~ For the purposes of this article, a levee project includes levee improvements and
related habitat improvements undertaken in the'delta at a location other than the location of
that levee improvement:
79052. Following the date on which a program for the bay-delta is adopted by CALFED,
th~ remaining funds in the subaccount shall be used for levee rehabilitation improvement
projects that, to the greatest extent possible, are consistent with the program adopted by
CALFED.
Article 4. FloOd Control Subventions Program
79055. (a) There is hereby created in the account the Flood Control Subventions
Subaccount.
(b) For the purposes of this article, "subaccount" means the Flood Control Subventions
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i
Subaccount created by subdivision (a).
I 79056. The sum offorty-five million dollars ($45,000,000) is hereby transferred from the
fund to the subaccount.
I 79057. Section 13340 Government Code, otherprovision
(a)
Notwithstanding
of the
or
any
of law, the money in the subaccount is hereby continuously appropriated, without regard to
fiscal year, to the department to pay for the state's share of the nonfederal costs of flood
I control andfloodprevention projects adopted and authorized as of January 1, 1999, under
The State Water Resources Law of 1945 (Chapter 1 (commencing with Section 12570) and
Chapter 2 (commencing with Section 12639) of Part 6 of Division 6), The Flood Control
i Law of 1946 (Chapter 3 (commencing with Section 12800) of Part 6 of Division 6), and The
California Watershed Protection and Flood Prevention Law (Chapter 4 (commencing with
Section 12850) of Part 6 of Division 6), including the credits and loans to local agencies
pursuant to Sections 12585.3 and 12585.4, subdivision (d) of Section 12585. 5, and Sections
I 12866.3 and 12866.4, and to implement Chapter 3.5 (commencing with Section 12840) of
Part 6 of Division 6.
I (b) The money in the subaccount shall be allocated only toprojects in the Counties of
Contra Costa, Fresno, Kern, Los Angeles, Marin, Napa, Orange, Riverside, San
Bernardino, San Diego, Santa Clara, Sonoma, and Ventura.
I (c) It is the intent of the Legislature that the state's share of the nonfederal costs ofprojects
for flood control and flood prevention adopted and authorized after January I, 2001, shall
not exceed that portion of the nonfederal costs authorized pursuant to Chapter 1
I (commencing with Section 12570) of Part 6 or any amendments thereto.
Article 5. Urban Stream Restoration Program
I 79060. (a) There is hereby created in the account the Urban Stream Restoration
Subaccount.
(b) For purposes of this article, "subaccount" means the Urban Stream Restoration
the
Subaccount created by subdivision (a).
I 79061. The sum of twenty-five million dollars ($25, 000, 000) is hereby transferred from the
account to the subaccount for the purposes of implementing this article.
I 79062. The money in the subaccount, upon appropriation by the Legislature to the
department, may be used by the department for both of the following:
(a) Grants to local agencies and nonprofit organizations for effective, low-cost flood
I controlprojects to Section 7048.
pursuant
(b) Grants to local community conservation corps and other nonprofit corporations for
I local stream clearance, flood mitigation, and cleanup activities. ·
79062.5. Notwithstanding any other provision of law, regulations set forth in Chapter 2.4
i (commencing with Section 451.1) of Division 2 of Title 23 of the California Code of
Regulations that are in effect on March 8, 2000, may be used to carry out this article.
Article 6. Capital Area Flood Protection Program
I 79065. The Legislature herebyfinds and declares all of the following:
I (a) Since Sacramento, the state capital was founded over 150 years ago, it has suffered
from flood disasters because of inadequate flood protection. Each year, 'the State Capitol
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and more than 1,300 other government-owned buildings and infrastructure of the capital
region are at risk because of their location in the worst protected urban area in the country.
(b) The State of California's investment of money and other resources in the state's seat of
government is important to preserve and protect.
(~) It is in the best interest of this state to invest in a cost-shared program to protect life and
property in the state capital from flooding, thus resulting in opportunities for sustainable
economic
development and continued protection of the state's natural resources.
(d) The Congress and the President of the United States have recognized the national
importance of increasing the level of the state capital's flood protection by authorizing
projects in the Water Resources Development Act of 1999.
79065.2. (a) There is hereby created in the account the State Capital Protection
Subaccount.
(b) For purposes of this article, "subaccount" means the State Capital Protection
Subaccount created by subdivision (a).
79065.4. The sum of twenty million dollars ($20,000,000) is hereby.transferred from the
account to the subaccount for the purposes of this article.
79065. 6. The money in the subaccount, upon appropriation by the Legislature to the
Sacramento Area Flood Control Agency, may be used by the Sacramento Area Flood
Control Agency to pay'the state's share of the costs of flood management projects
authorized by the United States to improve the level of flood protection in the state capital.
region.
· 79065.8. No money deposited in the subaccount may be used to pay the costs incurred in
connection with the administration of this article.
Article 7. San Lorenzo. River Flood Control Program
79067. (a) There is hereby created in the account the San Lorenzo River Flood Control
Subaccount.
(b) For purposes of this article, "subaccount" means the San Lorenzo River Flood Control
Subaccount created by subdivision (a).
79067.2. The sum of two million dollars'($2,000, O0O) is hereby transferred from the
account to the subaccount for the purposes of this article
79067.4. The money in the subaccount, upon appropriation by the Legislature to the
department, shall be allocated by the department to the City of Santa Cruz to pay for the
state's share of the costs of flood management projects authorized by the United States to
improve the level of flood protection in the Santa Cruz region.
Article 8. Yuba Feather Flood Protection Program
: 79068. Unless the context otherwise requires, the definitions set forth in this section govern
the construction of this article..
(a) "Nonstructural improvements" are projects that are intended to reduce or eliminate '
susceptibility to flooding by preserving or increasing the flood-carrying capacity of
floodways, and include such measures as levees, setback levees, floodproofing structures,
and zoning, designating, or acquiring flood prone areas.
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(b) "Structural improvements" are projects that are intended to modify flood patterns and
rely primarily on constructed components, and include such measures as levees, floodwalls,
and improved channels.
"Subaccount" means the Feather Flood Protection Subaccount created Section
(c)
Yuba
by
79068.2.
79068.2. There is hereby created in the account the Yuba Feather Flood Protection
Subaccount.
79068.4. The sum 'of ninety million dollars ($90,000,000) is hereby transferred from the
account to the subaccount for the purposes of implementing this article.
79068. 6. Seventy million dollars ($70, 000,000) in the subaccount, upon appropriation by
the Legislature to the department or Reclamation Board, shall be used by the department or
Reclamation Board to fund one or more of the following flood protection projects to be
implemented by a local public entity that has legal authority and jurisdiction to implement a
flood control program along the Yuba and Feather Rivers and their tributaries:
(a)~ The construction or improvements of weirs, bypasses, and channels.
(b) The construction of levees or improving publicly maintained levees, including, but not
limited to, setback levees, training walls, floodwalls, and streambank protection projects,
which provide flood protection or flood damage reduction.
(c) The modification or reoperation of existing dams and waterworks, including spillways
or other capital outlay facilities, for the purpose of increased efficiency in managing flood
waters.
(d) The installation of tailwater suppression systems, detention basins, relief wells, test
wells, flood warning systems, and telemetry devices.
(e) The relocation or floodproofing of structures within floodplains, which meet or exceed a
community's floodplain regulations, pursuant to the National Flood Insurance Program.
09 Implementation of watershed projects, which provide flood protection or flood damage
reduction.
(g) The construction of, or improvement to, a state or interstate highway, county road, or a
levee road, that is designated a flood emergency evacuation route, or that provides access
to a levee for emergency vehicles, flood fights, or levee repair and maintenance, or a
project a or highway.
that protects
such
road
(h) The purchase of lands, easements, and rights-of-way.
(i) Capital costs of environmental mitigation.
79068.8. No expenditures of state funds may be made under this article until the department
or the Reclamation Board determines that all of the following requirements have been met:
(a) There is a final environmental document prepared pursuant to the California
Environmental Quality Act (commencing with Section 21000 of the Public Resources Code).
(b) The project is in compliance with the California Endangered Species Act (Chapter 1.5
(commencing with Section 2050) of Division 3 of the Fish and Game' Code), as
demonstrated by documentation such as comments received from the Department ofFish
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and Game, a permit obtained from the Department ofFish and Game or other appropriate
evidence.
(c) The local project proponent agrees to pay at least that portion of the nonfederal capital
costs of the project required by Section 12585.5.
(d) The local project proponent agrees to operate and maintain the completed project.
(e) The localprojectproponent enters into an agreement indemnifying and holding the
state, its agencies, officers and employees free and harmless from any and all liability
arising out of the design, construction, operation and maintenance of the project.
09 The project is recommended for implementation by the department or the Reclamation
Board.
79068.10. All of the following factors shall be considered by the department and the
Reclamation Board for prioritizing projects:
(a) Potential lOss of life from flooding.
(b) Inqreased flood protection or flood damage reduction for areas that have the greatest
flood risk Or have exPerienced repetitiveflood loss.
(c) The local community is a small community with financial hardship.
(d) ProjectS that provide multiple benefits.
(~) Projects that are implemented in accordance with the Sacramento/San doaquin River
Basins Comprehensive Study.
69 Projects that are imPlemented pursuant to the completion o f feasibility studies conducted
by the United States Army .Corps of Engineers Or local agencies.
(g) Projects along the Yuba and Feather Rivers and their tributaries.
(h) Projects that address regionai floodproblems.
(i) Projects along the Colusa Drain and its tributaries.
O) Minimizing impacts to the environment.
79068.12. Of the fund appropriated pursuant to Section 79068.6, two million six hundred
thousand dollars ($2, 600,000) in the subaccount shall be used for the local share of levee
repairs and enhancements in Sutter'County.
79068.14. (a) Twenty million dollars ($20,000,000) in the subaccount, upon appropriation
to'the Department ofFish and Game, may be used by that department, if it determines that
any flood Control project undertaken pursuant to this article would result in a reduction of, I
or. damage to, fish, wildlife, or riparian habitat, to protect, improve, restore, create, or ·
enhance fish, wildlife, and riparian habitat ora comparable type to that which was reduced
or: damaged
(b) Any land acquired pursuant to this section shall be acquired from willing sellers. I
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79068.16. If all of the funds appropriated pursuant to Section 79068. 6 are encumbered, and
any funds described in Section 79068.14 are not needed for the purposes of that section, as
stated in writing by that department to the Legislature, the Legislature may appropriate the
funds not needed for the purposes of Section 79068.14for the purposes of Article 4
(commencing with Section 79055).
79068.18. Not more than 5percent of the total amount deposited in the subaccount may be
used to pay the costs incurred in connection with the administration of this chapter.
79068.20. The department and board may adopt regulations to carry out this article.
Article 9. Arroyo paSajero Watershed Program
79069. The Legislature hereby finds and declares all of the following:
(a) The Arroyo Pasajero Watershed incurred unprecedented flooding in 1995 that resulted
in a loss of lives due to a bridge failure on Interstate Highway Route 5 (1-5).
(b) Flooding in the watershed caused damage to important federal, state, and Iocal public
facilities, including the Lemoore Naval Air Station, Interstate Highway Route 5 (1-5), the
California Aqueduct, and critical local roads and highways, as well as private property.
(c) It is of statewide importance to undertake projects to eliminate future flooding in the
watershed in order to protect life and property and to protect the drinking water supply of
southern California.
79069.2. Unless the context otherwise requires, the definitions set forth in this section
govern construction of this article.
(a) "Subaccount" means the Arroyo Pasajero Watershed Subaccount created pursuant to
Section 79069.4.
(b) "Watershed" means the Arroyo Pasajero Watershed.
79069.4. There is hereby created in the account the Arroyo Pasajero Watershed
Subaccount. The sum of five million dollars ($5, 000, 000) is hereby transferred from the
account to the subaccount for the purposes of this article.
79069. 6. The money in the subaccount, upon appropriation by the Legislature to the
department, shall be used by the department for projects that improve flood protection for
State Highway Route 269 in the area north of the City of Huron or improve flood control
for the California Aqueduct in the area of the Arroyo Pasajero Crossing.
79069.8. For the purposes of carrying out projects pursuant to this article, the department
is encouraged to utilize the services of the California Conservation Corps or community
conservation corps or both.
79069.10. Not more than 5percent of the total amount deposited in the subaccount may be
used to pay costs incurred in connection with the administration of this article.
79069.12. The department may adopt regulations to carry out this article.
Chapter 6, Watershed Protection Program
Article 1. Watershed Protection 'Account
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79070. For the purposes of this chapter, "account" means the Watershed Protection
Account created by Section 79071.
79071. The Watershed Protection AccoUnt is hereby created in the fund. The sum of four
hundred sixty-eight,million dollars ($468,000,000) is hereby transferred from the fund to
the account.
Article 2. Watershed Protection Program
79075. (a) There is hereby created in the account the Watershed Protection Subaccount.
(b) For the purposes of this article,' "subaccount" means the Watershed Protection
Subaccount created by subdivision (a).
79076. The sum of ninety million dollars ($90, 000, 000) is hereby transferred from the
account to the subaccount for the purposes of implementing this article.
79077. The purposes of this article are to provide funds to assist in implementing watershed
plans to reduce flooding, control erosion, improve water qualityi'and improve aquatic and
terrestrial species habitats, to restore natural systems of groundwater recharge, native
vegetation, water flows, and riparian zones, to restore the beneficial uses of waters of the
state in watershed& and to provide matching funds for federal grant pro~rams.
79078. Unless the'context otherwise requires, the following definitions govern the
c3nstruction of this article:
(a) "Local agency" means any city, county, city and county, district, or other Political
subdivision ofthe state.
(b) "Local watershed group" means a group consisting of owners and managers of land
within the watershed of interest, local, state, and federal government representatives, and
in~terested persons, other than landowners, who reside or work within the watershed of
interest, and may include other persons, organizations, nonprofit corporations, and
businesses.
(c) "Local watershed management plan" means a document prepared by a local w~atershed
group that sets forth a strategy to achieve an ecologically stable watershed, and that does
all of the following:
(1) Defines the geographical bOundaries of the watershed.
(2)'Describes the natural resource conditions within the watershed.
(3) Describes measurable characteristics for water quality improvements.
(4) Describes methods for achieving a~d sustaining water quality improvements.
(5). Identifies any person, organization, or public agency that is responsible for
implementing the methods described in paragraph (4).
(6) Proi~ides milestones for implementing the methods described in paragraph (4).
(7) Describes a monitoring program designed to measure the effectiveness of the methods
described in paragraph (4)._ ~"
(d) "Municipality" has the same meaning as defined in the Clean'Water Act and also'
includes the state or any agency, department, or political subdivision thereof, and
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applicants eligible for technical assistance under Section 319 (33 U.S.C. Sec. 1329) or
grants under Section 320 of the Clean Water Act (33 U.S.C. Sec. 1330).
(e) "Nonprofit organization" means any California corporation organized under Section
501(c)(3) or 501(c)(5) of the Internal Revenue Code.
09 "Regional board" means a regional water quality control board.
79079. The in the subaccount, appropriation by the Legislature to the board,
money
upon
may be used by the board for grants to municipalities, local agencies, or nonprofit
organizations in accordance with this article. The grants shall be used to develop local
watershed management plans or to implement projects that are consistent with local
watershed management and regional water quality control plans. The board shall ensure
that activities funded by these grants will be coordinated with activities undertaken by state
and federal agencies, and with other appropriate watershed efforts.
790 79. 5. The funds used for the purposes described in Section 79079 shall be allocated as
follows:
(a) Sixty percent to projects in the Counties of Los Angeles, Orange, Riverside, San Diego,
San Bernardino, and Ventura.
(b) Forty percent to projects in counties not described in subdivision (a).
79080. (a) A municipality, local agency, or nonprofit organization may only receive a grant .
under this article if the board determines that both of the following apply:
(1) The municipality, local agency, or nonprofit organization has adequate legal authority
to manage the grant money.
(2) The municipality, local agency, or nonprofit organization is a member of a local
watershed group.
(b) Grants may be awarded for projects that implement methods for attaining watershed
improvements or for a monitoring program described in a local watershed management
plan in an amount not to exceed five million dollars ($5,000,000)perproject. At least 85
percent of the total amount in the subaccount shall be used for capital outlay projects
described in this subdivision.
(c) Eligible projects under this article may do any of the following:
(1) Reduce chronic flooding problems or control water velocity and volume using
vegetation management or other nonstructural methods.
(2) Protect and enhance greenbelts and riparian and wetlands habitats.
(3) Restore or improve habitat for aquatic or terrestrial species.
(4) Monitor the water quality conditions and assess the environmental health of the
watershed.
(5) Use geographic information systems to display and manage the environmental data
the watershed.
describing
(6,) Prevent watershed soil erosion and sedimentation of surface waters.
(7) Support beneficial groundwater recharge capabilities,
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(8) Otherwise reduce the discharge of pollutants to state waters from storm water or
nonpoint sources.
(d) (1) Grants may be awarded to municipalities, local agencies, or nonprofit organizations
for the development of local watershed management plans in amounts not to exceed two
hundred thousand dollars ($200, 000) per local watershed management plan.
(2) Funding under this subdivision may be used to develop components of local watershed
management plans that contribute to the development or implementation of species recovery
plans.
(e) Grants may be awarded to meet requirements for nonfederal matching funds set forth in
Section 2050) of the Clean Water Act (33 U.S.C. Sec. 1285(j)) or Section 319(h) of the
Clean Water Act (33 U.S.C. Sec. 1329(h)).
09 Projects funded under this article shall be designed to withstand substantial flooding and
shall include a minimum lO-year maintenance program and shall demonstrate the potential
to provide watershed benefits for 20 years.
(g) 21 proponent o fa project funded from the subaccount, except a grant recipient pursuant
to subdivision (d),'shall be required to. submit to the board a monitoring and reporting plan
that does all of the following:
(1) Describes the baseline water quality of the waterbody impacted
(2) Describes the manner in which the proposed watershed restoration activities are
implemented.
(3) Determines the effectiveness of the watershed restoration activities in preventing or
reducing pollution.
(4) Determines, to the extent feasible, the changes in the pattern of flow in affected'streams,'
including reduction offloodflow$ and increases in spring, summer, andfallflows that
result from the implementation of the project.
(5) Determines, to the extent feasible, the economic benefits resulting from changes
determined pursuant to paragraph (3) or (4).
· (h) (I) A grant applicant shall inform the board with regard to necessary public agency
apprOvals, entitlements, and permits that may be necessary to implement the project. The
municipality, local agency, or nonprofit organization shall certify to the board, at the
appropriate time, that those approvals, entitlements, and permits have been granted.
(2) A grant applicant shall notify, in writing, adjoining landowners'of its request for
funding under this article and the scope of the project for which the funding is requested. If
this paragraph requires notification of more than 200 landowners, notification may be
made by letter to the owners of record of the 200 largest parcels and by publication for at
least 20 days in.a local newspaper of general circulation. Upon completion of the
notification required under this paragraph, the municipality, local agency, or nonprofit
'~ organization .shall inform the board that the notification has occurred.
(i) The board may adopt regulations to carry out this article.
0') In aWarding grants under this article, the board shall considerthe extent to which
projects do the following:
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(1) Consider the entire ecosystem to be protected or restored.
(2) Include definable targets and desired future conditions.
I (3) Support local community institutional capacity to restore the watershed.
(4) Include community decisionmaking by affected stakeholders in project design and fund
allocation.
I (5) Help protect intact or nearly intact ecosystems and watersheds.
I '(6) Consider the economic benefits of the restoration project orprogram.
(7) Address the root causes of degradation, rather than the symptoms.
I (8) Maximize the use of other restoration funds.
(9) Include an educational component, if appropriate.
I (10) Improve the quality of&inking water and support other beneficial uses of waters of the
state, including coastal waters.
I 79081. A grant recipient shall obtain written permission from the landowners of the parcel
of land upon which the project is proposed to be carried out. The written permission shall
i expressly consent to the actions described in the grant application.
79082. Not more than 25percent ora grant may be awarded in advance of actual
expenditures.
I 79083. (a)A grant recipient shall submit to the board a report upon the completion of the
project or activity funded under this article. The report shall summarize the completed
I project and identify additional steps necessary to achieve the purposes of the local
watershed management plan. The board shall make the report available to interested
federal, state, and local agencies and other interested parties.
I (b) The board shallprepare and submit to the Governor a biennial report regarding the
implementation of this article. The biennial report shall include, at a minimum, a discussion
relating to the extent to which the purposes described in Section 79077 are being furthered
I by the implementation of this article.
79084. (a) Of the funds transferred pursuant to Section 79076, at least thirty-five million
i dollars ($35,000,000) shall be for grants to small communities.
(b) For the purposes of this article; "small community" means a municipality with a
population of l O, OOO persons or less, a rural county, or a reasonably isolated and divisible
I segment o fa larger municipality where the population of the segment is 10, O00persons or
less, with a financial hardship as determined by the board.
(c) If the board determines that any of the funds made available for grants under this
section will not be encumbered for that purpose on or before January 1, 2007, the board
may use these funds for other purposes of this article.
I 79085. The board shall added consideration that utilize the
give
to
projects
services
of the
California Conservation Corps, community conservation corps, or other local nonprofit
entities employing underprivileged youths.
I 79085.5. Notwithstanding any otherprovision of this article, the following amounts from
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the subaccount, upon appropriation by the Legislature, shall be allocated as follows:
(a) The sum of two million dollars ($2, 000, 000) to the board for allocation to the Pajaro
River Watershed Flood Prevention Authority for a hydrologic study with regard to the
Pajaro River Watershed.
(b) The sum of one million dollars ($1,000, 000) to the board for allocation to the County of
Sonoma to develop and implement community-based watershed management activities that
will protect, restore, and enhance the environmental and economic value of the Russian
River Watershed in the County of Sonoma.
(c) The sum of five million dollars ($5, 000, 000) to the board for the Clover Creek Flood
Protection and Environmental Enhancement Project to provide for the acquisition,
restoration, and conservation o flow-flow stream channel, open water, seasonal wetlands,
riparian habitat, oak woodland regeneration, and grassland meadow preservation.
(d) The sum of two million dollars ($2, 000, 000) to the board to rehabilitate and improve the
Clear Lake Watershed by funding one or more of the following projects or activities: Clear
Lake Basin 2000 Project, aeration, wetlands restoration, fishery enhancement, and
wastewater treatment, or for grants awarded by the board to local public agencies for any
of these purposes. The first priority for funding under this subdivision is for a grant award
to fund eligible expenses of the Basin 2000 Project.
(e) To the maximum extent feasible, the watershed restoration and flood control projects
described in this subdivision shall do one or more of the following:
(1) Preserve agricultural land.
(2) Protect and enhance wildlife habitat.
(3) Protect and enhance recreational and environmental education resources.
(4) Protect lake water quality.
79086. NotWithstanding any other provision of law, the board shall terminate any grant
where it is determined that the project is not providing the proposed watershed benefits.
79087. Not more than 5percent of the total amount deposited in the subaccount may be
used to pay costs incurred in connection with the administration of this article.
79088. Where recovery plans for coho salmon, steelhead trout, or other threatened or
endangered aquatic species exist, projects funded under, this article shall be consistent with
those plans, and to the extent feasible, shall seek to implement action~s specified in those
plans.
Article 3. Water and Watershed Education Program
79090. (a) There is hereby ~reated in the account the Water and Watershed Education
Subaccount.
(b) For the purposes of this article, "subaccount" means the Water and Watershed
Education Subaccount created by subdivision (a).
790911 The Sum of eight million dollars ($8,000,000) is hereby transferred from the account
to the subaccount for the purposes of implementing this article.
79092. Three million dollars ($3,000,000) in the subaccount, upon appropriation by the
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Legislature to the department, may be used by the department for allocation to California
State University, Fresno for the purposes of establishing and furthering the purposes of the
San Joaquin Valley Water Institute at that campus.
79093. Two million dollars ($2, 000, 000) in the subaccount, upon appropriation by the
Legislature to the department, shall be used by the department for the development of a
Delta Science Center, including, but not limited to, all of the following components:
(a) Public educational opportunities.
(b) Wildlife and habitat enhancement.
(c) Preservation of agricultural lands.
(d) Enhanced levee protection and rehabilitation.
(e) Water quality improvements.
09 Nonstructural flood protection.
79094. Three million dollars ($3,000, 000) in the subaccount, upon appropriation by the
Legislature to the University of California, may be used for the purpose of site acquisition,
construction, and equipping ora Watershed Science Laboratory, for long-term monitoring
and research with regard to the hydrology, geomorphology, water quality and aquatic and
riparian ecology of the north delta and its tributary watersheds.
#italic#Article 4. River Protection Program
79100. (a) There is hereby created in the account the River Protection Subaccount.
(b) For the purposes of this article, "subaccount" means the River Protection Subaccount
created by subdivision (a).
79101. The sum of ninety-five million dollars ($95,000,000) is hereby transferred from the
account to the subaccount for the purposes of implementing this article.
79102. The money in the subaccount, upon appropriation by the Legislature, may be used to
meet the requirements of Article 6 (commencing with Section 78682) of Chapter 6 bf
Division 24.
79103. At least 60percent of the funds transferred pursuant to Section 79101 shall be used
for projects that are located in, or in close proximity to, major metropolitan areas.
79103.2. Notwithstanding any other provision of this article, of the funds transferred
pursuant to Section 79101, ten million dollars ($I0,000,000) shall, upon appropriation to
the department, be allocated to the San doaquin River Parkway Conservancy for the
purposes of the San Joaquin River Parkway.
79103.4. Notwithstanding any other provision of this article, of the funds transferred
pursuant to Section 79101, two million five hundred thousand dollars ($2,500,000) in the
subaccount shall be used by the department, upon appropriation, for the purpose of the
Kern River Parkway Project between the mouth of Kern Canyon and Interstate Highway
Route 5.
79104. Not more than 3 percent of the total amount deposited in the subaccount may be
used to pay the costs incurred in connection with the administration of this article.
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#italic#Article 5. Southern California Integrated
Watershed Program
79104.20. The Legislature hereby finds and declares all of the following:
(a) The Santa Ana Watershed is experiencing increased water demands due to significant
population growth that has caused undue infrastructure dependence and strain on imported
water supplies.
(b) Regional programs have been developed to address the problems facing the watershed
These programs have four main elements, as follows:
(1) Storage of more than one million acre-feet of water from wet years in groundwater
storage
basins.
(2) Conservation, including water use efficiency and reclamation, that results in the
substantial development of new usable supplies.
(3) Desalting and treatment of brackish water to allow poor quality water to be reclaimed
and used
(4) Enhancement of native habitat along the river and its tributaries.
(c) The water supply programs proposed by the Santa Ana Watershed Project Authority will
develop significant new water supply and storage capabilities, thereby reducing the
imported water needs of urban southern California, especially during dry years.
79104.22. (a) There is hereby created in the account the Santa Ana River Watershed
Subaccount,
(b) For purposes of this article, "subaccount" means the Santa Ana River Watershed
Subaccount created by subdivision (a).
79104.24. The sum of two hundred thirty-five million dollars ($235,000,000) is hereby
transferred from the account to the subaccount.
79104.26. The money in. the subaccount, upon appropriation by the Legislature to the
board, may be used by the board for allocation to the Santa Ana Watershed Project
. Authority for all ofthefollowingprojectsfor thepurposes of rehabilitating and improving
the Santa Ana River Watershed:
(a) Basin water banking in one or more of the following basins: Chino, Colton, Orange.
County, Riverside, san Bernardino, and San Jacinto. .. "
'(b) Contaminant and Salt removal through reclamation and desalting in Orange County,
San Jacinto, or other basins in the watershed.
(c) Removal of nonnative plants, and the creation of new open space and wetlands.
(d) Programs for water conservation and efficiency and storm water capture and
management.
(e) Planning and implementation of a flood control program to protect agricultural
operations and adjacent property, to assist in abating the effects of waste discharges into
waters.of the state, consistent with the requirements of Section 13442.
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79104.30. It is the intent of the Legislature to urge the federal government to allocate funds
for projects to improve the Santa Ana River Watershed to match the state's financial
commitment to the projects described in this article.
79104.32. It is the intent of the Legislature that the expenditure of the funds under this
article be made through a broad-based watershed stakeholder process.
79104.34. Not more than 3 percent of the total amount deposited in the subaccount may be
used to costs incurred by the board in connection with the administration of this article.
pay
Article 6. Lake Elsinore and San Jacinto
Watershed Program
79104.100. (a) There is hereby created in the account the Lake Elsinore and San Jacinto
Watershed Subaccount.
(b) For the purposes of this article, "subaccount" means the Lake Elsinore and San Jacinto
Watershed Subaccount created by subdivision (a).
79104.102. The sum offifieen million dollars ($15,000,000) is hereby transferred from the
account to the subaccount.
79104.104. The money in the subaccount, upon appropriation by the Legislature to the
board, may be used by the board to rehabilitate and improve the Lake Elsinore Watershed
and San Jacinto Watershed and the water quality of Lake Elsinore by funding one or more
of the following projects: watershed monitoring, storm channel modification, nutrient
control aeration, wetlands restoration and enhancement, wildlife habitat enhancement,
fishery enhancement, calcium quicklime treatment, and sediment removal, or for grants
awarded by the board to the Santa Ana Watershed Project Authority, otherjoint powers
authorities, or local public agencies for any of these purposes, and for related planning and
administrative costs.
79104.106. To the maximum extent feasible, the watershed management and flood control
projects described in Section 79104.104 shall do one or more of the following:
(a) Preserve agricultural land
(b) Protect wildlife habitat.
(c) Protect and enhance recreational resources.
(d) Improve lake water quality.
79104.108. It is the intent of the Legislature to urge the federal government to allocate
funds foi' projects to improve the Lake Elsinore Watershed and San dacinto Watershed, and
lake water quality by matching the state's financial commitment to those projects.
79104.110. The funds appropriated pursuant to Section 79104.104 shall be allocated to a
joint powers agency consisting of the City of Lake Elsinore, the Santa Ana Watershed
Project Authority, the Elsinore Valley Municipal Water District and other agencies for
implementation of programs to improve the water quality and habitat o fLake Elsinore, and
its back basin consistent with the Lake Elsinore Management Plan.
79104.114. Not more than 3 percent of the total amount deposited in the subaccount may be
used to pay costs incurred in connection with the administration of this article.
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Article 7. Coastal Watershed Salmon Habitat Program
79104.200. (a) There is hereby created in the account the Coastal Watershed Salmon
Habitat Subaccount.
(b) For the purpose of this article, "subaccount" means the Coastal Watershed Salmon
Habitat Subaccount created by subdivision (a).
sum of twenty-five million dollars ($25, 000, 000) is hereby transferred from
791
04.202.
The
the account to the subaccount for the purposes of implementing this article.
79104.204. The money in the sttbaccount, upon appropriation by the Legislature to the
Department ofFish and Game, shall be used by the Department ofFish and Game for
direct expenditure and for grants to public agencies and nonprofit organizations to protect,
restore, acquire, and enhance habitat for salmon. These funds may be used to match federal
funding available for those purposes.
79104.206. Not more than 3 percent of the total amount deposited in the subaccount may be
used to pay the costs incurred in connection with the administration of this article.
Chapter 7. Clean Water and Water Recycling Program
Article 1. Clean Water and Water Recycling Account
79105. For the purposes of this chapter, "account" means the Clean Water and Water
Recycling Account created by Section 79106.
79106. The Clean Water and Water Recycling Account is hereby created in the fund. The
sum of three hundred fifty-five million dollars ($355, 000, 000) hereby transferred from the
fund to the account.
Article 2. Nonpoint Source Pollution Control Program
79110. The purpose of this article is to provide grant funding for projects that protect the
beneficial uses of water throughout the state through the control Of nonpoint source
pollution.
79111. Unless the context otherwise requires, the following definitions govern the
construction of this article:
(a) "Best management practices" means those practices or set of practices determined by
the board, a regional board, or the water quality planning agency for a designated area to
be the. most effective feasible means of preventing or reduCing the generation of a specific
type of nonpoint source pollution, given technological, institutional, environmental, and
economic cOnstraints.
(b) "Capital costs" has the same meaning as "cost, "as defined in Section 32025 of the
Public Resources Code.
(c) "Management measures" means ecOnomically achievable measures to prevent, or control
the addition of pollutants to state Waters, which reflect the greatest degree of pollutant
prevention achievable through the application'of the best available nonpoint source
pollution control practices, technologies, processes, siting criteria, operating methods, or
other alternatives.
(d) "Regional board" means a regional water quality control board '
'
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(e) "Subaccount" means the Nonpoint Source Pollution Control Subaccount created by
Section 79112.
79112. There is hereby created in the account the Nonpoint Source Pollution Control
Subaccount.
79113. The sum of one hundred million dollars ($100,000,000) is hereby transferred from
the account to the subaccount for the purposes of implementing this article.
79114. (a) The money in the subaccount, upon appropriation by the Legislature to the
board, may be used by the board to award grants, not to exceed five million dollars
($5, 000, 000) per project, to local public agencies or nonprofit organizations formed by
landowners to prepare and implement local nonpoint source plans. Grants shall only be
awarded for any of the following projects:
A that is consistent with local watershed plans that developed
(1)
project
management
are
under subdivision (d) of Section 79080 and with regional water quality control plans.
(2) A broad-based nonpoint source project, including a project identified in the board's
"Initiatives in NPS Management," dated September 1995, and nonpoint source technical
advisory committee reports.
(3) A project that is consistent with the "Integrated Plan for Implementation of the
Watershed Management Initiative"prepared by the board and the regional boards.
(4) A project that implements measures and practices or other needed projects
management
identified by the board pursuant to its nonpoint source pollution control program 'S 15-year
implementation strategy and five-year implementation plan that meets the requirements of
Section 6217(g) of the federal Coastal Zone Act Reauthorization Amendments of 1990.
(b) The projects funded from the subaccount shall demonstrate a capability of sustaining'
water quality benefits for a period of 20 years. Categories of nonpoint source pollution
addressed by projects may include, but are not limited to: silviculture, agriculture, urban
runoff, mining, hydromodification, grazing, onsite disposal systems, boatyards and marinas,
and animal feeding operations. Projects to address nonpoint source pollution may include,
but are not limited to, wildfire management, installation of vegetative systems to filter or
retard pollutant loading, incentive programs or large scale demonstration programs to
reduce commercial reliance on polluting substances or to increase acceptance of
alternative methods and materials, and engineered features to minimize impacts of nonpoint
source pollution. Projects shall have defined water quality or beneficial use goals.
(c) Projects funded from the subaccount shall utilize best management practices,
management measures, or
both.
(d) If projects include capital costs, those costs shall be identified by the project applicant.
The grant recipient shall provide a matching contribution for the portion of the project
consisting of capital expenditures for construction, according to the following formula:
Project Capital Cost/Capital Cost Match by Recipient
$1,000,000 to $5,000,000, inclusive .......... 20%
$125,000 to $999,999, inclusive. 15%
$1 to $124,999, inclusive .......... 10%
(e) Not more than 25 percent o fa grant may, be awarded in advance o factual expenditure.
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· (/) A proponent of a project funded from the subaccount shall be required to submit to the
board a monitoring and reporting plan that does all of the following:
(1) Identifies one or more nonpoint sources of pollution.
(2) Describes the baseline Water quality of the waterbody impacted.
(3) Describes the manner in which the proposed practices or measures are implemented.
(4) Determines the effectiveness of the proposed practices or measures in preventing or
reducing pollution.
(g) Notwithstanding subdivision (b), the board may award up to 5 percent of the total
amount deposited in the subaccount for demonstration projects that are intended to prevent,
reduce, or treat nonpoint source pollution.
(h) A grant recipient shall submit a report to the board, upon completion of the project, that
summarizes completed activities and indicates whether the purposes of the project have
been met. The report shall include information collected by the grant 'recipient in
accordance with the project monitoring and reporting plan, including a determination of
the effectiveness of the best management practices or management measures implemented
as part of the project in preventing or reducing nonpoint source pollution. The board shall
make the report available to Watershed groups, and federal, state, and local agencies.
14.2. Notwithstanding any other provision of this article, the sum of five million dollars
791
($5, 000, 000) is hereby appropriated from the subaccount, to the board to be used by the
board, after consultation with the Department of Food and Agriculture, for loans, not to
exceed five hundred thousand dollars ($500, 000) per loan, to provide low interest loans to
finahce the construction of projects designed to manage animal nutrients from animal
feeding operations. Grants may be made available to local public agencies to pay for the
· cost of developing ordinances, regulations, and elements for their General Plan Or other
planning devices to assist in providing uniform standards for the permitting and operation
of animal feeding operations within their jurisdictions. These funds may also be used for the
preparation of the related environmental reviews that may be necessary under the
California Environmental Quality Act (Division 13 (commencing with Section 21000) of the
Public Resources Code)for approval of the devices.
79114.3. No project shall receive funds under this article if it receives funds pursuant to
Article 5 (commencing with Section 79148).
79114.5. (a) Sixty percent of the money in the subaccount shall be allocated to projects in
the Counties of Riverside, Ventura, Los Angeles, San Diego, Orange, or San Bernardino.
(b) Forty percent of the money in the subaccount shall be allocated to projects in counties
not described in subdivision (a).
(c) This section does not apply to Section 79114.2 or Section 79117.
79115. The board may adopt regulations to implement this article.
· 79116. Not more than 5percent of the total amOunt deposited in the subacco~nt may be · used to pay the costs incurred in connection with the administration of this article.
~ 79117. (a) Notwithstanding any otherprovision of this article, of the funds transferred
pursuant to Section 79113,.the sum often million dollars ($10,000,000), upon
~ '. ..appropriation by the Legislature to the board, may be used by the board, after consultation
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.I
with the Department of Pesticide Regulation and the Office of Environmental Health
I Hazard Assessment, for grants as follows:
(1) Two million dollars ($2, O0O, O00) for research and source identification.
I (2) Eight ($8, O00) for mitigation measures protect
million
dollars
000,
to
water
quality from
potential adverse effects of pesticides, which measures have the ability to provide benefits
for a period of 20 years, as determined by the board after consultation with the Department
of Pesticide Regulation and the Office of Environmental Health Hazard Assessment.
(b) The board shall adopt regulations to carry out this section.
Article 3. Clean Water Program
79120. Unless the context otherwise requires, the following definitions govern the
I construction of this article:
(a) "Eligible project" means a project or activity described in paragraph (1), (2), (3), or (4)
I of subdivision (a) of Section 13480 that is all of the following:
(1) Necessary to prevent water pollution, reclaim water, or improve water quality.
i (2) Eligible for funds from the State Revolving Fund Loan Subaccount or federal assistance.
(3) Certified by the board as entitled to priority over other eligible projects.
I (4) Complies with applicable water quality standards, policies, andplans.
I (b) "Federal assistance" means moneyprovided to a municipality, either directly or through
allocation by the state, from the federal government to construct eligible projects pursuant
to the Clean Water Act.
I (c) "Municipality" has the same meaning as defined in the Clean WaterAct and also
includes the state or any agency, department, or political subdivision thereof, and
applicants eligible for technical assistance under Section 319 (33 U.S.C. Sec. 1329) or
I grants under Section 320 of the Clean WaterAct (33 U.S.C. Sec. 1330).
(d) "Small community" means a municipality with a population of l O, OOO persons or less, or
I a reasonably isolated and divisible segment of a larger municipality where the segment of
the population is lO, O00 persons or less, with a financial hardship as determined by the
board.
I (e) same meaning as defined in Clean WaterAct.
"Treatment
works"
has
the
the
79121. There is hereby created in the account all of the following subaccounts:
(a) The State Revolving Fund Loan Subaccount.
(b) The Small Communities Grant Subaccount.
(c) The Wastewater Construction Grant Subaccount.
I79122. (a) The following amounts are hereby transferred from the account to the following
subaccounts and, notwithstanding Section 13340 of the Government Code, are hereby
continuously appropriated, without regard to fiscal years, to the board, as follows:
I (1) Thirty millionfive hundred thousand dollars ($30,500,000) to the State Revolving Fund
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Loan Subaccount for the purposes'of providing loans pursuant to the Clean Water Act, to
aid in the construction or implementation of eligible projects, and f6}' the purposes
described in Section 79124.
(2) Thirty-four million dollars ($34, 000, 000) to the Small Communities Grant Subaccount ·
for grants by the board to small communities for construction of eligible treatment works,
and for the purposes described in Section 79124.
79122.2. The sum of thirty-five million five hundred thousand dollars ($35,500, 000) is
hereby transferred from the account to the Wastewater Construction Grant Subaccount and,
upon appropriation by the Legislature to the board, may be used by the board for the
purposes of providing grants to aid in the construction of treatment works for the Cities of I
Manteca, Stockton,. Tracy, and Orange Cove. '
79122.4. The board may transfer unallocated funds from the State Revolving Fund Loan []
Subaccount to the State Water Pollution Control Revolving Fund created pursuant to
Section 13477for the purposes of meeting federal requirements for state matching funds to
provide loans in accordance with the Clean Water Act.
79123. The bOard may adopt regulations to carry out this article.
79124. The board may, by contract or otherwise, undertake plans, surveys, research, ·
development, and studies necessary or desirable to carry out this article, and may prepare
recommendations with regard thereto, including the preparation of comprehensive
statewide or areawide studies and reports on the collection, treatment, and disposal of
waste, and wastewater recycling. For the purposes of this section, "research" may include
the design, acquisition, installation, or construction of monitoring and testing equipment
and related facilities.
79125.'Not more than 3 percent of the total amount deposited in each subacc°unt created
pursuant to this article may be used to pay the costs incurred in connection with' the '
administration of this article. 1
79126. No~ more than 2percent of the total amount deposited in each subaccount under this '
article may be used for the purposes of Section 79124. 1
79127. For the purposes of implementing paragraph (1) of subdivision (a) of Section 79122,
the board may make loans to municipalities, pursuant to contract, to aid in 'the construction
o~ implementation of eligible projects. " I
79128. (a) For purposes of paragraph (2) of subdivision (a) of Section 79122, the board
may make grants to small communities so that any state grant does not exceed 97percent of []
the eligible cost of necessary studies, planning& design, and construction of the eligible
project determined in accordance with applicable state law and regulations.
(b) The total amount of grants made pursuant to paragraph (2) of subdivision (a) of Section 1
79122~ for any single projedt, may not exceed three million five hundred thousand dollars
($3,500,000).
79128.5. For the purposes of paragraph (3) of subdivision (a) of Section 79122, the board 1
may make grants for the cost of planning& design, and construction of treatment works
necessary to comply with waste discharge requirements.
79129. Any contract entered into pursuant to this article for a loan or grant may include
provisions determined by the board, .and shall include all of the following provisions:
(a) ,,In estimate of thee reasonable cost of the project.
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I
(b) A description of the type of assistance being offered.
(c) An agreement by the board to pay to the municipality or small community, during the
progress of the project or following completion, as agreed upon by the parties, the amount
specified in the contract determined pursuant to applicable federal and state laws.
(d) An agreement by the municipality or small community to proceed expeditiously with,
and complete, the project, commence operation of the project upon completion, properly
operate and maintain the project in accordance with applicable provisions of law, and
provide for payment o fits share of the costs of the project.
79130. All contracts entered into pursuant to this article for loans or grants are subject to
both of the following requirements:
(a) Municipalities seeking assistance shall demonstrate, to the satisfaction of the board, that
an adequate opportunity for public participation regarding the project has been provided.
I (b) Any election held with respect to the project shall include the voters of the entire
municipality unless the municipality proposes to accept the assistance on behalf of a
specified portion or portions of the municipality, in which case the election shall be held in
I thatportion orportions of the municipality only. ~
79131. Any loan made pursuant to Section 79127 shall meet the requirements of paragraph
(1) of subdivision (b) of Section 13480.
79132. All principal and interest payments received pursuant to loan contracts entered into
pursuant to this article shall be deposited in the State Revolving Fund Loan Subaccount for
I the purposes of entering into additional loans under this article, and shall not be
transferred to the General Fund.
i 79133. (a) Notwithstanding any otherprovision of this article, of the continuously
appropriated funds described in paragraph (I) of subdivision (a) of Section 79122, the sum
of seven million dollars ($7,000,000) shall be used by the Department of Toxic Substances
Control for allocation to local agencies for groundwater remediation projects.
I (b) The Department of Toxic Substances Control shall adopt regulations to carry out this
subdivision.
I Article 4. Water Recycling Program
79135. Unless the context otherwise requires, the following definitions govern the
i construction article:
of this
(a) "Municipality" has the same meaning as that set forth in subdivision (c) of Section
i 79120.
(b) "Subaccount" means the Water Recycling Subaccount created by Section 79136.
I (c) "Water recyclingproject" means a water recyclingproject that meets applicable
reclamation criteria and water reclamation requirements and that complies with applicable
water quality standards, policies, and plans.
I 79136. There is hereby created in the account the Water Recycling Subaccount.
I 7913 7. (a) The sum offorty million dollars ($40, 000, 000) is hereby transferred from the
account to the subaccount for the purposes of this article.
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(b) (1) Sixty percent of the money in the subaccount shall be allocated to projects in the
Counties of Riverside, Ventura, Los Angeles, San Diego, Orange, or San Bernardino.
(2) Forty percent of the money in the subaccount shall be allocated to projects in counties
not described in paragraph (1).
79138. Unallocated funds remaining in the Water Recycling Subaccount in the Clean Water '
and Water Recycling Account in the Safe, Clean, Reliable Water Supply Fund on March 8,
2000, and any funds deposited into that subaccount after that date, shall be transferred to,
and all money repaid to the state pursuant to any loan contract executed under Chapter 17
(commencing with Section 14050) of Division 7 or Article 3 (commencing with Section
78620) of Chapter 5 of Division 24 shall be deposited in, the subaccount for the purposes of
this article.
79139. The board may enter into an agreement with the federal government, for federal
contributions to the subaccount if all of the following conditions have been met:
(a) The board has identified any required matching funds.
(b) The board is prepared to commit to th'e expenditure of any minimum amount in the
subaccount in the manner required by the Clean Water Act..
(c) Any agreement between the board and the federal government is consistent with the
purposes of this article.
79140. (a) Notwithstanding SeCtion 13340 of the Government Code, 50percent of the
money in the subaccount is hereby continuously appropriated, without regard to fiscal
years, to the board for loans to municipalities for the design and construction of water
recycling projects in accordance with Section 79141, and for the purposes described in
Sections 79143, 79144, and Section 79145.
·
(b) Fifty percent of the money in the subaccount, upon appropriation by the Legislature to
the board, may be used by the board for grants to municipalities for the design and
construction of water recycling projects in accordance with Section 79141.
79141. The board may enter into agreements with municipalities for loans and grants for
projects to recycle water in accordance 'with this article. Criteria to be considered by the
board in determining whether to enter into an agreement under this article may include, but
are not limited to, whether the project is a cost-effective means to meet the state or local
water supply needs, when compared to other sources of water supply that may be available
to the municipality, whether the project is necessary to protect water quality, the readiness
of the municipality to proceed with the design and construction of water recycling projects,
the degree to which the recycled waterimproves water supply reliability, water quality,
ecosystem restoration; and other environmental benefits, the net water savings benefit, the
' degree to which the recycled water would reduce water supply demands on the bay-delta
system, the Colorado River, or other water systems critical to regional or statewide water
supply, the ability to encourage development of new water recycling projects, and the~
amount of funding that the municipality is requesting under this article. The cost
effectiveness of a project when compared to other sources of state or local water supply
shall not be the sole factor in determining whether to enter into an agreement,. ~
79142. An agreement entered into pursuant to Section 79141 may include those provisions
determined by the board to be necessary for the purposes of this article.
79142.2. (a) A contract for a loan made pursuant to this article may not provide for a
moratorium on, or the deferment of, the payment of the principal of, or interest on, the loan.
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(b) Any loan made pursuant to Section 79141 shall be for a period not to exceed 20 years.
(c) The board may enter into a contract for a loan that equals up to l OO percent of the total
eligible cost of design and construction o fan eligible recycling project.
79142.4. (a) The board may establish the interest rate for a loan made pursuant to this
article at a rate equal to 50percent of the interest rate paid by the state on the most recent
sale of state general obligation bonds, to be computed according to the true interest cost
method.
(b) If the interest rate so determined is not a multiple of one-tenth of l percent, the interest
rate shall be set at the next higher multiple of one-tenth of l percent.
(c) The interest rate set for each contract shall be applied throughout the repayment period
of the contract. There shall be a level annual repayment of principal and interest on the
loans.
79142.6. All principal and interest payments received pursuant to loan contracts executed
pursuant to this article shall be deposited in the subaccount for the purposes of this article,
and shall not be transferred to the General Fund.
79142. 8. All interest earned by assets in the subaccount shall be deposited in the
subaccount.
79143. The board make to municovalities for facility planning studies for water
may
grants
recycling projects. The amount of the grahts may not exceed seventy-five thousand dollars
($ 75, 000) per study. ,,
79144. The board may, by contract or otherwise, undertake plans, surveys, research,
development, and studies necessary or dei~irable to carry out this article, and may prepare
recommendations with regard thereto, inr~luding the preparation of comprehensive
statewide or areawide studies and report{' on the collection, treatment, and disposal of
waste and wastewater recycling. For the purposes of this section, "research" may include
the design, acquisition, installation, or co'.nstruction of monitoring and testing equipment
and related facilities. ~
79145. (a) Not more than 3 percent of the total amount depostted tn the subaccount may be
used to pay the costs tncurred tn connectt'on with the administration of this article.
(b) Not more than 3 percent of the total a~ount deposited in the subaccount may be used for
the purposes of Section 79144. I
79146. Notwithstanding any other provision of this article, the money in the subaccount
may not be used to provtde financtal asmstance to any water recychng project used to
gg~Y ~
augment water supplies by dischar in r~Ic cled water into a sur ace water reservoir that
supplies water directly to a treatment facility for a water supply system that serves domestic
uses.
79147. (a) The board may adopt regulations to carry out this article.
(b) The board is encouraged to expedite t,he review and processing of agreements' to carry
' '
out the purposes of this article. The board shall report to the Legtslature on the progress of
implementing this article on or before dut~e 30, 2001.
Article 5. Coastal Nonpoint Source Control Program
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79148. The purpose of this article is to provide funding for projects that restore and protect
the water quality and environment of coastal waters, estuaries, bays, and near shore waters
and groundwaters.
79148.2. Unless the context otherwise requires, the following definitions govern the
construction of this article:
(a) "Educational institution" means community colleges, state colleges, and the University
of California.
(b) "Local public agency" means any city, county, city and county, district, or other political
subdivision of the state.
(c) "Municipality" has the same meaning as defined in the Clean Water Act and also
includes the state or any agency, department, or political subdivision thereof, and
applicants eligible for technical assistance under Section 319 (33 U.S.C. Sec. 1329) or
grants under Section 320 of the Clean Water Act (33 U.S.C. Sec. 1330).
(d) "NonProfit organization'" means any California corporation organized under Section
501(c)(3) or 501(c)(5) of the Internal Revenue Code.
(e) "Regional board" means a regional water quality control board.
09 "Subaccount" means the Coastal Nonpoint Source Control Subaccount created by
Section 79148. 4.
79148.4. There is hereby created in the account the Coastal Nonpoint Source Control
Subaccount.
79148.6. The sum of ninety million dollars ($90,000,000) is hereby transferred from the
account to the subaccount for the purposes'ofimplementing this article.
79148. 7. Notwithstanding any other provision of this article, the sum of four million dollars
($4, 000, 000), upon appropriation by the Legislature to the board, shall be allocated by the
board to the City Of Huntington Beach to fund multiagency studieg to establish
recommendations to address coastal nonpoint source pollution in the tidal marshes and
coastal waters, and to implement those recommendations. Agencies authorized to conduct
the studies and implement the recommendations may include, but need not be limited to,
municipal and coUnty governments, flood control districts, and sanitation districts.
79148.8. (a) The money' in the subaccount, upon appropriation by the Legislature to the
board, may be used by the board, in consultation with the California Coastal Commission,
to award loans as provided in subdivision (b), and to award grants not to exceed five
million dollars ($5, 000,000)per project, to municipalities, local public agencies,
educational institutions,, or nonprofit organizations for the purposes of this article. Grants
may be awarded for any of the following projects:
(1) A project designed to improve water quality at public beaches and to make:
improvements for the purpose of ensuring that coastal waters adjacent to public beaches
meet the bacteriological standards set forth in Article 2 (commencing with Section 115880)
of Chapter 5 of Part 10 of Division 104 of the Health and Safety Code.
(2) A project to provide comprehensive capability for monitoring, collecting, and analyzing
ambient water quality, including monitoring technology that can be entered into a statewide
information base withstandardized protocols and sampling, collection, storage and
retrieval procedures.
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(3) A project to make improvements to existing sewer collection systems and septic systems
I for the restoration andprotection of coastal water quality.
(4) A project designed to implement storm water and runoff pollution reduction and
I prevention programs for the restoration andprotection of coastal water quality.
(5) A project that is consistent with the state's nonpoint source control program, as revised
to meet the requirements of Section 6217 of the federal Coastal Zone Act Reauthorization
I Amendments of 1990, Section 319 of the federal Clean WaterAct (33 U.S.C. Sec. 1329), and
the requirements of Division 7 (commencing with Section 13000).
I (b) In addition to the grants authorizedpursuant to subdivision (a), the board may make
loans not to exceed five million dollars ($5, 000, 000)perproject to municipalities, local
public agencies, educational institutions, or nonprofit organizations for the purposes set
i forth in paragraph (3) of subdivision (a).
(c) The projects funded from the subaccount shall demonstrate the capability of
contributing to sustained, long, term water quality or environmental restoration or
I protection benefits for a period of 20 years, shall address the causes of degradation, rather
than the symptoms, and shall be consistent with water quality and resource protection plans
prepared, implemented, or adopted by the board, the applicable regional water quality
I control board, and the California Coastal Commission.
(d) An applicant for funds from the subaccount shall be required to submit to the board a
imonitoring and reportingplan that does all of the following:
(1) Identifies the nonpoint source or sources of pollution to be prevented or reduced by the
project.
I (2) Describes the baseline water quality or quality of the environment to be addressed.
I (3) Describes the manner in which the project will be effective in preventing or reducing
pollution and in demonstrating the desired environmental results.
(e) Upon completion of the project, a recipient o f funds from the subaccount shall submit a
to the board that summarizes the completed activities and indicates whether the
report
purposes of the project have been met. The report shall include information collected by the
recipient in accordance with the project monitoring and reporting plan, including a
Idetermination of the effectiveness of the project in preventing or reducingpollution. The
board shall make the report available to the public, watershed groups, and federal, state,
and local agencies.
I 09 If projects include capital costs for construction, those costs shall be identified by the
project applicant. The grant recipient shall provide a matching contribution for the portion
of the project consisting of capital costs for construction, according to the following
I formula:
Capital Cost Project Cost/Capital Cost Match by Recipient
$1,000,000 to $5,000,000, inclusive .......... 20%
i $125,000 to $999,999, inclusive .......... 15%
$! to $124,999, inclusive .......... 10%
I For the purposes of this subdivision, "capital costs" has the same meaning as "cost" as
defined in Section 32025 of the Public Resources Code.
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(g) Not more than 25percent of a grant may be awarded in advance of actual expenditure. !
(h) An applicant for funds from the subaccount shall inform the board of any necessary
public agency approvals, entitlements, and permits that may be necessary to implement the ·
project. The application shall certify to the board, at the appropriate time, that those
approvals, entitlements, and permits have been granted.
(i) Where recovery plans for coho salmOn, steelhead trout, or other threatened or I
endangered aquatic species exisL projects funded under this article shall be consistent with
those plans, and to the extent feasible, shall seek to implement actions specified in those
plans.
79148.10. (a) Sixty percent of the money in the subaccount Shall be allocated to projects in
the Counties of Riverside, Ventura, Los Angeles, San Diego, Orange, or San Bernardino. 1
(b) Forty percent of the money in the subaccount shall be allocated to projects in the
counties not described in subdivision (a).
79148.12. The board shall provide opportunity for public review and comment in awarding
funds pursuant to this article, and may, in consultation with the California Coastal
Commission, adopt regulations to impleme, nt this article. 1
79148.14. No project shall receive funds under this article if it receives funds pursuant to
Article 2 (commencing with Section 79110).
79148.15. Notwithstanding any other provision of this article, three million dollars
($3, 000, 000), upon appropriation by the Legislature to the board, shall be allocated by the
board to the San Diego County Water Authority for environmental studies and engineering I
studies for the San Diego Regional Conveyance Facility.
79148.16. Not more than 5percent of the total amount deposited in the subaccount may be ·
used to pay the costs incurred in connection with the administration of this article.
Article 6. Seawater Intrusion Control
79149. Unless the context otherwise requires, the following definitions govern the
construction of this article:
" I
(a) (1) "Eligible seawater intrusion control project" means a project that meets all of the
following requirements:
(A) The project is necessary to protect groundwater and meets both of the following I
requirements:
(i) The project is within a basin that is subject to a local'groundwater management plan for " 1
which a review is completed pursuant to the California Environmental Quality Act
(Division 13 (commencing with Section 21000) of the Public Resources Code).
(iO The project is threatened by seawater intrusion in an area where restrictions on I
groundwater pumping, a physical solution, or both; are necessary to prevent the destruction
of, or irreparable injury to, groundwater quality. I
(B) In the case of a project that wouM provide a substitute water supply, the project is
cost-effective when compared to the development of other new sources of water and
includes requirements or measures adequate to ensure that the substitute supply will be 1
used in lieu of previously established extractions or diversions of groundwater.
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(C) The project complies with applicable water quality standards, policies, and plans.
(2) Eligible projects may include, but are not limited to, water conservation, freshwater well
injection, and substitution of groundwater pumping from local surface supplies.
(b) "Local agency" means any city, county, district, joint powers authority, or other
political subdivision of the state involved in water management.
(c) "Subaccount" means the Seawater Intrusion Control Subaccount created by Section
79149. 2.
79149.2. (a) There is hereby created in the account the Seawater Intrusion Control
Subaccount. The sum of twenty-five million dollars ($25, 000, 000) is hereby transferred
from the account to the subaccount for the purposes of implementing this article.
(b) Notwithstanding Section 13340 of the Government Code, the money in the subaccount is
hereby continuously appropriated, without regard to fiscal years, to the board for loans to
local agencies to carry out eligible seawater intrusion control projects and for the purposes
described in this article and for the administration of this article.
79149. 3. Unallocated funds remaining in the Seawater Intrusion Control Subaccount in the
Clean Water and Water Recycling Account in the Safe, Clean, Reliable Water Supply Fund
on March 8, 2000, and any funds deposited into that subaccount after that date, shall be
transferred to, and all money repaid to the state pursuant to any loan contract executed
under Article 6 (commencing with Section 78648) of Chapter 5 of Division 24 shall be
deposited in, the subaccount for the purposes of this article.
79149. 4. The board may enter into contracts to make loans to local agencies for the
purposes set forth in this article.
79149.6. Any contract for a loan entered into pursuant to Section 79149.4 may include
those provisions determined by the board to be necessary for the purposes of this article
and shall include both of the following provisions:
(a) An estimate of the reasonable cost of the eligible seawater intrusion control project.
(b) An agreement by the local agency to proceed expeditiously with, and complete, the
eligible seawater intrusion control project, commence operation of the project in
accordance with applicable provisions o flaw, and provide for the payment of the local
agency's share of the cost of the project, including the principal of, and interest on, the
loan.
79149.8. (a) A contract for a loan may not provide for a moratorium on the payment of the
principal of, or interest on, the loan.
(b) Any loan made pursuant to Section 79149.4 shall be for a period not to exceed 20years.
(c) The board may enter into a contract for a loan amount that equals up to l OO percent of
the total eligible cost of design and construction o fan eligible seawater intrusion control
project.
79149.10. The board shall establish the interest loan this
(a)
rate for
made pursuant
a
to
article at a rate equal to 50percent of the interest rate paid by the state on the most recent
sale of state general obligation bonds, to be computed according to the true interest cost
method.
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(b) If the interest rate so determined is not a multiple of one-tenth of l percent, the interest
rate shall be set at the next higher multiple of one-tenth of l percent.
(c) The interest rate set for each contract shall be applied throughout the repayment period
of the contract. There shall be a level annual repayment of principal and interest on the
loans.
79149.12. All principal and interest payments received pursuant to loan contracts entered
into pursuant to this article shall be deposited in the subaccount.
79149.14. The board may, by contract or otherwise, undertake plans, surveys, research,
development, and studies necessary, convenient, or desirable to carry out the purposes of
this article.
79149.16. Not more than 3 percent of the total amount deposited in the subaccount may be
used to pay for both of the following:
(a) To pay the costs incurred.in connection with the administration of this article.
· (b) For thepurposes of Section 79149.14.
Chapter 8. Water Conservation Program
Article 1. Findings and Declarations
79150. The Legislature finds and declares [hat:
(a) Voluntary, cost-effective capital outlay water conservation programs can help meet the
growing demand for clean and abundant water supplies throughout the state.
(b) The participation' of the state in the Construction of local water conservation projects is
desirable to further the effective management of the water resources of the state.
ArtiCle 2.' General Provisions
79151. Unless the 'context otherwise requires; the following-definitions govern' the
construction of this chapter:
(a) "Account" means the Water Conservation Account created by Section 79152. -
(b) (1) "Water conservation program or project" means thOse feasible capital outlay
measures undertaken to improve the efficiency of water use through projects, the benefits of ·
which exceed the costs.
(2) ThePrograms include, but are not limited to, all of the following:
(A) The lining or piping of ditches.
(B) Improvements in water distribution system controls suCh as automated canal control,
construction of small reservoirs within distribution systems that conserve water that has
already been captured for use, and related physical improvements.
(C) Tailwater pump back recovery systems.
(D) Major improvements to, or replacement of deteriorated distribution systems to reduce
leakage and maximize conservation.
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(E) Capital outlay features of agricultural water conservation programs identified in the
"Memorandum of Understanding Regarding Efficient Agricultural Water Management
Practices," dated July 16, 1997, and endorsed by the Agricultural Water Management
Council, and any amendments thereto.
(c) "Economically disadvantaged area" means any area of the state for which both of the
following statements apply:
(1) A median household income that is less than forty thousand dollars ($40, 000) based on
the most recent federal census.
(2) An annual average Unemployment rate that is greater than 9 percent based on the most
recent federal census.
(d) (1) "Groundwater recharge facilities" means lands and facilities for artificial
groundwater recharge through methods that include, but are not limited to, percolation
using basins, pits, ditches, and furrows, modified streambeds, flooding, and well injection.
For the purposes of this chapter, expenditures for "groundwater recharge facilities" include
capital outlay expenditures to expand, renovate, or restructure land and facilities used for
the purposes of groundwater recharge and to acquire additional land for recharge basins.
(2) Groundwater recharge facilities may include any of the following:
(A) Instream facilities for regulation of water levels, but not regulation of streamflow to
accomplish diversion from the waterway.
(B) Agency-owned facilities for extraction.
(C) Conveyance facilities to convey water to the recharge site, including devices for flow
regulation and measurement of recharge waters.
(3) Any part or all of the project facilities, including the land under the facilities, may
consist of separable features, or an appropriate share of multipurpose features, o fa larger
system, or both.
(e) "Infrastructure rehabilitation project" means a project located in an economically
disadvantaged area for the repair, replacement, restoration, or rehabilitation of an existing
water distribution system that delivers water for domestic, municipal, or industrial uses,
including pipelines, pump stations, valves, meters, reservoirs, and all other appurtenant
water delivery facilities that result in the reduction or elimination of significant distribution
system water losses or replace a failing system component that threatens the health, safety,
welfare, and economy of areas relying on the water distribution system.
60 "Local agency" or "agency" means any city, county, city and county, district, joint
powers authority, or other political subdivision of the state involved with water
management. "Local agency" or "agency" also means a mutual water company. For
purposes of this chapter, mutual water company means a nonprofit corporation organized
for, or engaged in the business of, developing, distributing, supplying, or delivering water
for irrigation or domestic use, or both, to its members or shareholders, at actual cost plus
necessary expenses.
(g) "Project" may include any of the following:
(1) Water conservation project.
(2) Groundwater recharge facilities.
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(3) Urban water conservation project.
(4) InfraStructure rehabilitation project.
(h) "Urban water conservation project" means capital outlay features of urban water
conservation programs identified in the "Memorandum of Understanding Regarding Urban '
Water Conservation in California, "as amended on April 8, 1998, by the California Urban
Water Conservation Council, and any amendments thereto.
. 79152. The Water Conservation Account is hereby created in the fund.
79153. (a) The sum of one hundred fifty-five million dollars ($155, 000, 000) is hereby
transferred from the fund to the account for the purposes of this chapter.
' (b) Unallocated funds remaining in the Water Conservation and Groundwater Recharge
Subaccount in the Water Supply Reliability Account in the Safe, Clean, Reliable Water
Supply Fund on March 8, 2000, shall be transferred to, and all money repaid to the state
pursuant to any loan contract executed under Article 3 (commencing with Section 78670) of
· Chapter 6 of Division 24 shall be deposited in, the account for thepurposes of entering into
additional loans underArticle 3 (commencing with Section 79157).and Article 4
(commencing with Section 79161).
79154. (a) Any loan agreement entered into l~ursuant to this chapter may include provisions
determined to be necessary by the department.
(b) Any loan agreement pursuant to this chapter shall include all of the following:
· (1) Afinding by the department that the agency has the ability to repay the losn, that the
project'is cost-effective, and that the project is feasible from an engineering or·hydrologic
standpoint, or both.
(2) An agreement by the agency to proceed expeditiously with, and complete, the project in
conformance with approved plans and specifications and to operate and maintain the
project properly upon completion throughout the repayment period.
(3) A provision that there shall be no moratorium on, or deferment of payments of principal
or interest.
- (4) (A) A loanperiod of not more than 20years with an interest rate set at a rate equal to
50 percent of the interest rate paid by 'the state on the most recent .sale of state general
obligation bonds, to be computed according to the true interest cost method.
(B) If the interest rate so determined is not a multiple of l percent, the interest rate shall be
set at the next multiple of one-tenth of l percent.
· ' (C) The interest rate for each loan agreement shall be applied throughout the repayment
period of the contract. There shall be a level annual repayment of principal and interest on
the loans.
79155. (a) Any grant agreement entered into pursuant to this chapter may include
provisions determined to be necessary by the department.
(b) Any grant agreement pursuant to this chapter shall include both of the following:
(1) A determination by the department that the project is economically justified, and that the
project is feasible.
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!
(2) An estimate of the reasonable cost and benefit of the project, including a feasibility
I report that sets forth the engineering andfinancialfeasibility oftheproject, and shall
include a description of the proposed facilities and their relation to other water-related
facilities in the system service area.
I 79155.5. Notwithstanding any other provision o flaw, regulations set forth in Chapter 3
2.
(commencing with Section 450.1) of Division 2 of Title 23 of the California Code of
Regulations that are in effect on March 8, 2000, may be used to carry out this chapter.
I 79156. Not more than 3 percent of the total amount deposited in the subaccount may be
used by the department to pay the costs incurred in connection with the administration of
this article.
Article 3. Agricultural Water Conservation Program
I 79157. (a) The sum of thirty-five million dollars ($35,000,000) in the account,
upon
appropriation by the Legislature to the department, shall be used by the department for
loans to local agencies to aid in the acquisition and construction of agricultural water
I conservation projects, and for grants in accordance with Section 79158.
(b) For the purposes of approving a loan under this section, the department shall determine
i if there will be a net saving of water as a result of each proposedproject and if the project
is determined by the department to be cost-effective.
(c) A project under this article shall not receive any more than five million dollars
I ($5,000,000) in loan proceedsfrom the department.
(d) The department shall give preference to the agencies that propose the most cost-effective
I projects.
79158. (a) The department may make grants to local agencies, under any terms and
i conditions that may be determined necessary by the department, for thepurpose of
financing feasibility studies of projects potentially eligible for a loan under Section 79157.
(b) No single feasibility study shall be eligible to receive more than one hundred thousand
I dollars ($100,000), and not more than 5 percent of the total amount deposited in the
account may be expended for ~ '
the purposes bf financing feasibihty studies.
I (c) A grant for a feasibility study shall not affect the maximum amount of any loan that may
be made under this article.
i Article 4. Groundwater Recharge Facilities Program
79161. (a) The sum of thirty million dollars ($30,000,000) in the account is hereby
appropriated to the department, without regard to fiscal years, for use by the department
I for loans and grants to local agencies for the acquisition and construction of groundwater
recharge facilities.
I(b) A loan application pursuant to this article shall include the reasonable cost and benefit
of the proposed project, including a feasibility report that shall set forth the economic
justification for the project, and shall include explanations of the proposed facilities and
their relation to other water supply related facilities in the basin or region.
I(c) A project under this article shall not receive any more thanfive million dollars
($5, 000, 000) in loan proceeds from the department.
(d) The department shall give preference under this section to projects that are located in
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overdrafied groundwater basins, projects of critical need, projects whose feasibility studies
demonstrate the greatest engineering and hydrogeologic feasibility as determined by the 1
department, and projects located in areas that have groundwater management plans.
79161.5. (a) The department may make grants to local agencies, under any terms and ·
conditions that may be determined necessary by the department, for the purpose of
financing feasibility studies of projects potentially eligible for a loan under Section 79161.
(b) No single feasibility study shall be eligible to receive more than one hundred thousand
dollars ($100, 000), and not more than 5percent of the total amount deposited in the
account may be expended for the purposes of financing feasibility studies.
(c) A grant for a feasibility study shall not affect the maximum amount of any loan that may 1
be made under this article.
5. Infrastructure Rehabilitation Program 1
79162. (a) The sum of sixty million dollars ($60,000,000) in the account, upon
appropriation by the Legislature to the department, shall be used by the department for 1
grants awarded by the department to local agencies for the purposes o f funding
infrastructure rehabilitation projects.
(b) (1) For the purposes of making grants pursuant to subdivision (a), the factors to be
considered by the department in determining whether to enter into an agreement shah
include, but not be limited to, the need to implement projects that provide measurable
conservation through the reduction of system water losses by rehabilitating water delivery
systems.
(2) Grants awarded pursuant to subdivision (a) shall be available for public water systems I
owned and operated by local agencies in economically disadvantaged areas with service
connections that exceed 200 but are not greater than 16,000 in number. The department
shall give highest priority in awarding grants to those agencies with the highest retail water
rates and service charges as of January 1, 1999. · I
(c) No single construction grant under this.article shall exceed five million dollars
(S S, 000, O00).
79162.2. (a) The department may make grants to local agencies, under any terms and
conditions as may be determined necessary by the department, for the purpose of financing
feasibility studies of projects potentially eligible for a grant under Section 79162.
(b) No single feasibility study shall be eligible to receive more than one hundred thousand ·
dollars ($100,000), and not more than 5percent of the total amount deposited in the
account may be expended for the purposes of financing feasibility studies.
(c) A grant for a feasibility study shall not affect the maximum of any construction grant I
that may be made under this article.
79162.4. The department may adopt regulatio ~ns to carry out this article. 1
Article 6. Urban Water Conservation Program
79163. (a) The sum of thirty million dollars ($30,000,000) in the account, upon I
appropriation by the Legislature to the department, shah be used by the department for
grants and loans awarded by the department to local agencies for the purposes of funding
urban water conservation projects. ~ 1
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(b) A project under this article shall not receive more than five million dollars ($5,000, 000)
in loan proceeds from the department.
79164. (a) The department may make grants to local agencies, under any terms and
conditions that may be determined necessary by the department, for the purpose of
financing feasibility studies of projects potentially eligible for a loan under Section 79163.
(b) No single feasibility study shall be eligible to receive more than one hundred thousand
dollars ($100,000), and not mo~e than 5percent of the total amount deposited in the
account may be expended for the purposes of financing feasibility studies.
(c) A grant for a feasibility study shall not affect the maximum amount of any loan that may
be made under this article.
Chapter 9. Water Supply, Reliability, and
Infrastructure Program
Article 1. Water Supply, Reliability, and
Infrastructure Account
79165. For the purposes of this chapter, "account" means the Water Supply, Reliability, and
Infrastructure Account created by Section 79166.
79166. The Water Supply, Reliability, and Infrastructure Account is hereby created in the
fund. The sum of six hundred thirty million dollars ($630,000,000) is hereby transferred
from the fund to the account.
Article 2. Groundwater Storage Program
79170. The Legislature finds and declares that the conjunctive management of surface
water and groundwater is an effective way to improve the reliability of water supply for all
sectors in California.
79171. Unless the context otherwise requires, the following definitions govern the
construction of this article:
(a) "Conjunctive use" means the temporary storage of water in a groundwater aquifer
through intentional recharge and subsequent extraction for later use. Storage is
accomplished by either of the following methods:
(1) "Direct recharge" of an aquifer by conducting surface water into the ground by various
means, including, without limitation, spreading ponds and injection wells for the purpose of
making the water stored in the aquifer available for extraction and later use in drier years.
(2) "In-lieu recharge" means increasing the amount of groundwater available in an aquifer
by substituting surface water supplies to a user who would otherwise pump groundwater.
(b) "Conjunctive use facilities include land and appurtenant facilities for any phase o fa
conjunctive use operation. Appurtenant facilities may include subsurface storage,
treatment, conveyance, recharge ponds, injection wells, spreading grounds, monitoring,
measurements, subsidence detection, flow regulation, detention basins to facilitate
recharge, diversion facilities, and extraction facilities.
(c) "Conjunctive use project" means a project that is intended to produce water supply
benefits for the local agency or a project that is intended to produce water supply benefits
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for water users, including the environment, in addition to the local agency.
(d) "Local agency" means any city, county, city and county, district, joint powers authority,
mutual water company, or other political subdivision of the state.
(e) "Project participants" means any public agency participating in, and benefiting from, a
conjunction use project under this article.
"Subaccount" means the Conjunctive Use Subaccount created by Section 79172.
09
79172. There is hereby created in the account the Conjunctive Use Subaccount.
79173. The sum of two hundred milliOn dollars ($200,000,000)J is hereby transferred from
the account to the subaccount for the purposes of implementing this article.
79174. The money in the subaccount, upon appropriation by the Legislature to the
departm.ent, may be used by the department for grants for feasibility studies, project design,
or the construction of conjunctive use projects on a pilot or operational scale.
79175. Not more than 5percent of the total amount deposited in the subaccount may be
expended for purposes of financing feasibility studies.
79176. For the purpose of approving projects pursuant to this article, the department shall
give priority to those projectsfor which there is available third-party funds from. any source
other than the Central Valley Project Restoration Fund authorized by the Central Valley
Project Improvement Act. The department shall also take into consideration all of the
following with regard to each proposed project:
(a) The magnitude of the actual increase in water supply yieM and reliability compared to
preexisting conditions.
(b) The consistency with the plans or recommendations proposed by CALFED.
(c) The distribution of the benefits to water supply and to the environment.
(d) The availatiility of the storage for conserved water.
(e) The technical and environmental suitability of the groundwater, basin for conjunctive
use.
09 The potential to reduce critically overdrafied conditions in a'gr°undwater basin.
(g) The need for the project. ·
(h) The potential to alleviate salt water, intrusion into groundwater basins or other
groundwater quality degradation.
(i) The economic, engineering, and hydrogeologic justification for the project.
" .0) The availability of third-party or local matching funds from any source other than the
Central Valley Project Restoration Fund authorized by the Central Valley Project
Improvement Act.
(k) The involvement of one or more local agencies whose jurisdiction or water service area
overlies or is adjacent to the aquifer utilized to store water.
(l) The potential to reduce dry year demand for surface water under existing contracts.
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I (m) The existence oft system for the recovery of the stored water or an agreement with the
department or a local agency for the installation of that system.
(n) Whether the project is located in an area that is subject to a groundwater management
program.
79177. To be eligible for funding for the construction of a conjunctive use project under this
article, an applicant that is other than a local agency shall be required to carry out that
project with the participation of a local agency. The department or a local agency may
provide technical assistance, coordination, or any other assistance in implementing a
I project or study if requested by the participating local agency.
79178. No construction project may receive more than fifty million dollars ($50,000,000)
i from the subaccount.
79179. Not more than 5percent of the total amount deposited in the subaccount may be
used to pay the costs incurred in connection with the administration of this article.
I79180. Not less than 40percent of the total amount deposited in the subaccount shall be
expended for studies, projects, and facilities within watersheds of the central valley.
I 79181. (a) A project undertaken pursuant to this article shallfullyprotect andpreserve the
groundwater rights of the overlying landowners and shall fully protect and preserve the
water rights of the project participants. The department shall not provide funding for a
I project unless it determines that theproject will be designed and operated in a manner that
ensures that other users of the same or a hydrologically related aquifer will not suffer any
unreasonable diminution of the quantity or quality of their groundwater supplies or incur
additional uncompensated expense as a result of the implementation of the project.
(b) For the purposes of receiving funding for a conjunctive use project pursuant to this
i article, the applicant shall be required to do both of the following:
(1) Provide for a continuing groundwater monitoring and mitigation program.
I (2) Limit the extraction of the groundwater to not more than the amount of water that is
stored or recharged by the project participants or the amount that complies with all laws
and contract terms governing the extraction, appropriation, and use of groundwater by the
I project participants.
(c) Persons and agencies participating in the project may not assert a claim or file a cause
i o faction against an overlying landowner who is not exceeding either of the following:
(1) The overlying landowner's historic rate of groundwater pumping.
(2) The full amount of groundwater to which the overlying landowner would be entitled to
under state law regarding rights to groundwater and reasonable beneficial use on the
landowner's land that overlies the groundwater.
I (d) The overlying landowners may not assert a claim orfile a cause of action against the
persons or agencies participating in the project if the project is implemented in compliance
with this section, except as provided by contract between the projectparticipants.
I(e) Nothing in this article modifies state law with regard to groundwater rights, regulation,
or management.
I 79182. In carrying out this article and awarding grants, the department shall convene and
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consult with an advisory committee comprised of technically qualified representatives of
local water agencies, project participants, environmental interests, agricultural laborer
interests, and interests representing farmers who use groundwater. The advisory committee
shall be geographically balanced to reflect the communities that use water in the central
valley. Ifa member of the advisory committee, or a member of his or her immediate family,
is employed by a grant applicant or the employer o fa grant applicant, the committee
members shall make that disclosure to the other members of the committee and shall not
participate in the review of the grant application of that applicant.
.
79183. The department may adopt regulations to carry out this article.
Article 3. Bay-Delta MultipurpOse Water
Management Program
79190. Unless the context otherwise requires, the following definitions govern the
construction of this article:
(a) "CALFED Bay-Delta Program" or "program" means the undertaking by CALFED
pursuant to the Framework Agreement dated June 20, 1994, to develop a long-term solution
to water management, environmental, and other problems in the bay-delta watershed by
means o fa programmatic environmental impact statement/environmental impact report.
b) "cALFED EIS/EIR" means the finalprogrammatic environmental impact
statement/environmental impact report prepared by CALFED.
(c) "CALFED stage 1 action" means an action identified in the preferred alternative of the
CALFED EIS/EIR as an action intended for implementation during stage 1 of Phase III of
the CALFED Bay-Delta Program.
(d) (1) "Eligible project" means a demonstration project, subject to the CALFED adaptive
management principle that requires an assessment of the performance of the demonstration
projects in order to determine which projects are successful in achieving the goals of the
program.
(2) "Eligible project" means a project that meets both of the following requirements.
(A) The project is identified in' the CALFED EIS/EIR as a CALFED stage 1 action.
(B) The project does one or more of the following:
(i) Constructs treatment facilities or relocates discharge facilities for agricultural drainage
generated within the delta to improve water quality in the delta or the quality of water that
is transported from the delta.
(iO Constructs'facilities to control waste discharges that contribute to low dissolved oxygen
and other water quality problems in the lower San Joaquin River and the south delta.
(iiO Constructs fish facilities for the State Water Project or the Central Valley Project
intakes in the south delta, such as facilities for fish screens, fish handling, and fish passage,
or. modifications to intake structures or other facilities, to reduce losses of any life stages of
fish to water diversions in the San doaquin River and the delta in accordance with
paragraph (1) of Section (C) of Chapter IV of the board's 1995 water quality control plan.
(iO Constructs a permanent barrier at the head of Old River to improvefiSh migration and
other permanent barriers in the south delta channels'to improve water.quality and water
level for local diversions.
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(v) Constructs facilities to control drainage from abandoned mines that adversely affect
water quality in the bay-delta.
(vO Constructs a permanent barrier at Grantline Canal to improve water quality and water
I levels for local diversion.
(e) "Subaccount" means the Bay-Delta Multipurpose Water Management Subaccount
I created by Section 79194.
79191. This article does not affect the authority of any agency pursuant to any other
, · provision of law to expend funds for thepurposes described in this article.
79192. The Legislature hereby finds and declares all of the following:
I (a) CALFED is in the ofpreparing a programmatic EIS/EIR for a long-term
process
. comprehensive plan that will resolve problems related to ecosystem restoration, including
the recovery of endangered species such as chinook salmon, water quality, water supply,
I water management, and system integrity for the protection of beneficial uses of the
bay-delta ecosystem.
i (b) The CALFED Bay-Delta Program is ofstatewide and national importance. The state
should participate in the funding of eligible projects as a part of its ongoing program to
improve conditions in the bay-delta ecosystem.
(c) The programmatic EIS/EIR will include a schedule for funding and implementing all
elements of the long-term comprehensive plan.
(d) The elements of the CALFED Bay-Delta Program will achieve balanced solutions in all
identified problem areas, including the ecosystem, water quality, water supply, and system
integrity.
79193. This article does authorize the CALFED
(a)
not
implementation
of the
Bay-Delta
Program or any element of that program. The implementation of the CALFED Bay-Delta
Program, or any element of that program, shall only be undertaken pursuant to authority
I provided by law other than this division.
(b) Nothing in this article affects the obligation to comply with provisions of existing law in
connection with the implementation of this article.
79194. There is hereby created in the account the Bay-Delta Multipurpose Water
Management Subaccount.
I 79195. The sum 'of two hundredfifty million dollars ($250,000,000) is hereby transferred
from the account to the subaccount.
79196. (a) The money in the subaccount, upon appropriation by the Legislature to the
department, may be used by the department to carry out eligible projects and for the
i purposes of Section 79202.
(b) Money in the subaccount that is allocated to carry out eligible projects, as described in
clauses (iO, (iv), and (vO of subparagraph (B) of paragraph (2) of subdivision (d) of Section
I79190, and is not expended for those purposes, may be reallocated by the department to
carry out other eligible projects, as described in clauses (i), (iiO, and (v) of subparagraph
(B) of paragraph (2) of subdivision (d) of Section 79190.
I (c) No funds in the subaccount shall be used by the department unless and until the
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department has consulted, on an annual basis, with the state and federal agencies that
participate in CALFED, as well as representatives of the public convened as a duly
authorized advisory committee, with regard to the specific projects proposed for funding
under this article. Decisions regarding specific expenditures of funds provided under this
article shall be jointly determined, to the maximum extent possible, by the recommendations
of the state and federal CALFED agencies with the advice of the advisory committee.
79196.5. The funds appropriated pursuant to Section 79196 shall be allocated as follows:
(a) Seventeen million dollars G17, 000, 000) for the purposes of the project described in
clause (i) of subparagraph (B) of paragraph (2) of subdivision (d) of Section 79190.
(b) FortY million dollars ($40, 000, 000) for the purposes of the project described in clause
(ii) of subparagraph (B) of paragraph (2) of subdivision (d) of Section 79190.
(c) One hundred twenty million dollars ($120, O00, O00) for the purposes °f the project
described in clause (iii) of subparagraph (B) of paragraph .(2) of subdivision (d) of Section
79190.
(d) Forty million dollars ($40, 000, O00) for the purposes of the project described in clause
(iv) of subparagraph (B) of paragraph (2) of subdivision (d) of Section 79190.
(e) Seventeen million dollars ($17, 000, 000)for the purposes of the project to desCribed in
clause (v) of subparagraph (B) of paragraph (2) of subdivision (d) of Section 79190.
O')i Sixteen million dollars ($16, 000, 000) for the purposes of the project' described in clause
(vi) of subparagraph (B) of paragraph (2) of subdivision (d) of Section 79190.
79197. No funds in the subaccount may be expended until all of the foliowing conditions
have been met:
(a) The CALFED EIS/EIR has been certified by the state lead agency and a notice of
de?ermination has been issued as required by Division 13 (commencing w~th Section 21000)
of the Public Resources Code.
(b) The CALFED EIS/EIR has been filed by the federal lead agencies with the United States
Environmental Protection Agency, the required notice has been published in the Federal
Register, and there has been federal approval o fa program identical to the program
approved by the state. ' '
79198. The state, to the greatest extent possible, shall secure federal and non federal funds
to ~mplement this article.
79199. Due. to the importance of issuing permits and otherwise expediting all elements of
the CALFED Bay-Delta Program in a timely and balanced manner, the following
procedures shall apply to. the use of funds authorized by this article:
(a) After the requirements set forth in Section 79197 are met, funds in the subaccount shall
become available for use in accordance With the schedule for eligible projects set forth in
the final programmatic EIS/EIR, unless the Secretary of the Resources Agency determines
that the schedule established in the final programmatic EIS/EIR has not been substantially
adhered to.
(b) On or before November 15 of each year, the Secretary of the Resources Agency, in
consultation with state and federal CALFED representatives and other interested persons
and agencies, shall review adherence to the schedule.
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(c) The absence o f funding from nonfederal or nonstate sources shall not be a basis for a
determination that the schedule has not been adhered to.
(d) If at the conclusion of each annual review, the Secretary of the Resources Agency
i determines that the schedule established in thefinalprogrammatic EIS/EIR, or a revised
schedule prepared pursuant to' this subdivision, has not been substantially adhered to, the
secretary, after notice to, and consultation with, state and federal CALFED representatives
and other interested persons and agencies, shall prepare a revised schedule that ensures
I that balanced solutions in all identifiedproblem areas, including ecosystem restoration,
water supply, water quality, and system integrity are achieved, consistent with the intent of
the final programmatic EIS/EIR. Funds shall be available for expenditure unless a revised
I schedule has not been developed within six months from the date on which the Secretary
determines that the prior schedule has not been substantially adhered to. Upon the
preparation of any revised schedule under this subdivision, funds shall be expended in
accordance with that revised schedule.
I (e) Funds in the subaccount shall become available in accordance with the cost-share
agreement developed by the CALFED Bay-Delta Program, which shall describe the federal,
state, and local share offundingfor theprograms, projects, and other CALFED stage 1
actions.
i 79200. On or before December 15 of each year, the Secretary of the Resources Agency shall
submit an annual report to the Legislature that describes the status of the implementation of
all elements of the CALFED Bay-Delta Program, any determinations made by the secretary
pursuant to subdivisions (b) and (d) of Section 79199 and other significant scheduling
I issues. The also shall include a detailed accounting of expenditures, descriptions of
report
programs for which expenditures have been made, and a schedule of anticipated
expenditures for the next year.
I 79201. The reportpreparedpursuant to Section 79200 shall include both of the following:
i (a) A summary of the results achieved by theprojectsfunded under this article.
(b) An identification of any necessary modifications that should be made to eligible projects
or other CALFED bay-delta projects, to ensure that the goals and objectives of CALFED
are met.
79201.5. Nothing in this article shall be construed to address the allocation of benefits from
projects orprogramsfunded by this article. It is anticipated that this issue will be settled in
the CALFED process or by the Legislature by statute.
i 79202. Not more than 5 percent of the total amount deposited in the subaccount may be
used to pay the costs incurred in connection with the administration of this article.
79203. The department may adopt regulations to carry out this article.
Article 4. Interim Water Reliable Supply and Water
Quality Infrastructure and Management Program
79205.2. (a) "Delta export service area, "as used in this article, means both of the
following:
(1) The counties included within the Association of Bay Area Governments.
I (2) Those areas of the state outside the delta that receive water from the State Water Project
or the Central Valley Project, either directly or by exchange, by means of diversions from
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the delta.
(b) "Local agency, "as used in this article, means any city, county, city and county, district,
or other political subdivision of the state.
79205. 4. (a) There is ~hereby created the Interim Water Supply and Water Quality
InfraStructure and Management Subaccount.
(b) For the purposes of this article, "subaccount" means the Interim Reliable Water Supply
and Water Quality Infrastructure and Management Subaccount.
79205.6. The sum of one hundred eighty million dollars ($180,000,000) is hereby
transferred from the account to the subaccount for the purposes of this article.
79205. 8. (a) The money in the subaccount, upon appropriation by the Legislature to the
department, may be used by the department to provide grants or loans, or any combination
thereof, which are approved by the Governor, to local agencies located in the delta export
service areas for programs or projects that can be completed andprovide the intended
benefits not later than March 8, 2009, and are designed to increase water supplies, enhance
water supply reliability, or improve water quality.
(b) The department shall provide grants for programs or projects located outside the delta
and which meet one of the following requirementS:
(1) The project or program constructs new or expands existing groundwater storage and
recovery projects or acquires .rights to use storage in existing reservoirs.
(2) The project or program implements measures that facilitate improved water treatment,
water transfers, or exchanges, including, but not limited to, a project that improves water
quality by shifting reliance from lower quality to higher quality water supplies.
(3) The project or program implements state of the art agricultural water conservation
programs, and programs that treat or manage agricultural drainage water for reuse or
instream water quality benefits.
(c) The department shall list the projects that are proposed to be funded from the
subaccount.
79205.10. For purposes of prioritizing eligible programs or projects for funding Under this
article, the department shall give priority to programs or projects that meet one or more of
the following requirements:
(a) Can be completed eXPeditiously and thereby provide near term benefits and more
· immediate mitigation ofurgentproblems related to water supply and water quality.
(b) Implements actions to improve water quality and protect water level conditions in san
Luis ReServoir.
(c) Includes public-private partnerships or cost sharing arrangements that maximize public
benefits.
(d) Sponsored by a public agency with water supplies that are being or wouM be impacted
to a greater degree by delta-related water supply shortages and water quality degradation.
79205.12. The state, to the greatest extent possible, shall seek matching federal funds to
implement this article2
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79205.14. Funds available from the subaccount shall be available for all phases of project
development including, but not li)nited to, project administration, permitting and
environmental compliance, feasibility studies, and construction.
79205.16. Not more than 5percent of the total amount deposited in the subaccount may be
used to pay costs incurred in connection with the administration of this article.
Chapter 10. Fiscal Provisions
79210. Bonds in the total amount of one billion nine hundred seventy million dollars
($1,970,000,000), not including the amount of any refunding bonds issued in accordance
with Section 79219, or so much thereof as is necessary, may be issued and sold to provide a
fund to be used for carrying out the purposes expressed in this division and to be used to
reimburse the General Obligation Bond Expense Revolving Fund pursuant to Section
16724.5 of the Government Code. The bonds, when sold, shall be and constitute a valid and
binding obligation of the of California, the full faith of the of
State
and
and
credit
State
California is hereby pledged for the punctual payment of the principal of and interest on,
the bonds as the principal and interest become due and payable.
79211. (a) The bonds authorized by this division shall be prepared, executed, issued, sold,
paid, and redeemed as provided in the State General Obligation Bond Law (Chapter 4
(commencing with Section 16720) of Part 3 of Division 4 of Title 2 of the Government
Code), except Section 16727, and all of the provisions of that law apply to the bonds and to
this division and are hereby incorporated in this division as though set forth in full in this
division.
(b) For purposes of ihe State General Obligation Bond Law, each state agency that
administers an appropriation of the Safe Drinking Water, Clean Water, Watershed-
Protection, and Flood Protection Bond Fund is designated the "board"
79212. Solely for the purpose of authorizing the issuance and sale, pursuant to the State
General Obligation Bond Law, of the bonds authorized by this division, the Safe Drinking
Water, Clean Water, Watershed Protection, and Flood Protection Finance Committee is
hereby created For purposes of this division, the Safe Drinking Water, Clean Water,
Watershed Protection, and Flood Protection Finance Committee is the "committee" as that
term is used in the State General Obligation Bond Law. The committee consists of the
Treasurer, the Controller, and the Dire.ctor of Finance, or their designated representatives.
A majority of the committee may act for the committee.
79213. The committee shall determine whether or not it is necessary or desirable to issue
bonds authorized pursuant to this division in order to carry out the actions specified in this
division and, if so, the amount of bonds to be issued and sold. Successive issues of bonds
may be authorized and sold to carry out those actions progressively, and it is not necessary
that all of the bonds authorized to be issued be sold at any one time.
79214. There shall be collected each year and in the same manner and at the same time as
other state revenue is collected, in addition to the ordinary revenues of the state, a sum in
an amount required to pay the principal of, and interest on, the bonds each year. It is the
duty of all officers charged by law with any duty in regard to the collection of the revenue to
do and perform each and every act that is necessary to collect that additional sum.
79215. Notwithstanding Section 13340 of the Government Code, there is hereby
appropriated from the General Fund in the State Treasury, for of this division,
the purposes
an amount that will equal the total of the following:
(a) The sum annually necessary to pay the principal of, and interest on, bonds issued and
soM pursuant to this division, as the principal and interest become due and payable.
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(b) The sum necessary to carry out Section 79216, appropriated without regard to fiscal
years.
79216. For the purposes of carrying out this division, the DirectOr of Finance may
authorize the withdrawal from the General Fund of an amount not to exceed the amount of
the unsoM bonds that have been authorized by the committee to be sold for the purpose of
carrying out this division. Any amount withdrawn shall be deposited in the fund. Any money
madeavailable under this section shall be returned to the General Fund, plus an amount
equal to the interest that the money would have earned in the Pooled Money Investment
Account, from proceeds received from the sale of bonds for the purpose of carrying out this
division.
79217. All money deposited in the fund that is derived from premium and accrued interest
on bonds sold shall be reserved in the fund and shall be available for transfer to the
General Fund as a credit to expenditures for bond interest.
79218. The agency that administers an appropriation of the Safe Drinking Water, Clean
Water, Watershed Protection, and Flood Protection Bond Fund may request the Pooled
Money Investment Board to make a loan from the Pooled Money Investment Account, in
accordance with Section 16312 of the Government Code, for the purpose of carrying out
this division. The amount of the request shall not exceed the amount of the unsold bonds
that the committee, by resolution, has authorized to be sold for the purpose of carrying out
this division. The requesting agency shall execute any documents required by the Pooled
Money Investment Board to obtain and repay the loan. Any amounts loaned shall be
deposited in the fund to be allocated by the requesting agency in accordance with this
division.
79219. The bonds may be refunded in accordance with Article 6 (commencing with Section'
16780) of Chapter 4 of Part 3 of Division 4 of Title 2 of the Government Code, which is a
part of the State General Obligation Bond Law. Approval by the voters of the state for the
issuance of the bonds..described in this division includes the approval of the issuance of any
'other bonds issued to refund any bonds originally issued under this division or any
previously issued refunding bonds.
NotwithStanding any provision of this division or the State General Obligation Bond
79220,
Law, if the Treasurer sells bonds pursuant to this division that include a bond counsel
opinion to the effect that the interest on the bonds is excluded from gross income for federal
tax purposes, subject to designated conditions, the Treasurer may maintain separate
accounts for the investment of bond proceeds and for the investment earnings on those
proceeds. The Treasurer may use or direct the use of those proceeds or earnings to pay any
rebate, penalty, or other payment required under federal law or to take any other action
with respect to the investment and use of those bond proceeds required or desirable under
federal law to maintain the tax-exempt status of those bonds and to obtain any other
advantage under federal law on behalf of the funds of that state.
79221. The Legislature hereby finds and declares that, inasmuch as the proceedsfrom the
sale of bonds authorized by this division are not "proceeds of taxes" as that term is used in
Article XIII B of the California Constitution, the disbursement of these proceeds is not
subject to the limitations~ imposed by that article.
SEC. 3. Section 14058 of the Water Code is amended to read:
14058. (a) The Sum of thirty million dollars ($30,000,000) of the money in the fund shall be
deposited in the Water Reclamation Account and, notwithstanding Section 13340 of the
Government Code, is hereby continuously appropriated to the board for the purposes of this
section.
48 of 50 10/12/00 9:45
t.^ becretary o~ State - Primary Election 2000 - Text of P?oP6hhOh 13, httP://~rimary2000.ss.ca.gov/VoterGuide/Propositions/13text.htm
I
(b) The board may enter into contracts with local public agencies having authority to
construct, operate, and maintain water reclamation projects, for loans to aid in the design
and construction of eligible water reclamation projects. The board may loan up to 100
percent of the total eligible cost of design and construction of an eligible reclamation
project.
(c) Any contract for an eligible water reclamation project entered into pursuant to this
section may include such provisions as determined by the board and shall include both of
the following provisions:
(1) An estimate of the reasonable cost of the eligible water reclamation project.
(2) An agreement by the local public agency to proceed expeditiously with, and complete,
the eligible water reclamation project; commence operation of the project in accordance
with applicable provisions of law, and provide for the of the local public agency's
payment
share of the cost of the project, including principal and interest on any state loan made
pursuant to this section.
(d) Loan contracts may not provide for a moratorium on payments of principal or interest.
(e) Any loans made from the fund may be for a period of up to 20 years. The interest rate for
the loans shall be set at a rate equal to 50 percent of the interest rate'paid by the state on the
most recent sale of state general obligation bonds, with that rate to be computed according
to the true interest cost method. 'When the interest rate so determined, is not a multiple of
one-tenth of 1 percent, the interest rate shall be set at the next higher ~ultiple of one-tenth
of 1 percent.
(f) All money repaid to the state pursuant to any contract executed under this chapter shall
be deposited in the Water Recycling Subaccount, created by Section 78621, of the Clean
Water and Water Recycling Account in the Safe, Clean, Reliable Water Supply Fund,
for the purposes set forth in subdivision (b) of Section 78621 in the Clean Water and
Water Recycling Account in the Safe Drinking Water, Clean Water, Watershed Protection,
and Flood Protection Bond Fund created by Section 79136, for the purposes set forth in
Article 4 (commencing with Section 79135) of Chapter 7 of
Division 26.
SEC. 4. Section 78621 of the Water Code is amended to read:
78621. (a) (1) There is hereby created in the account the Water Recycling Subaccount. The
sum of sixty million dollars ($60,000,000) is hereby transferred from the account to the
subaccount for the purpose of implementing this article.
(2) All money repaid to the state pursuant to any contract executed under the Clean Water
and Water Reclamation Bond Law of 1988 (Chapter 17 (commencing with Section 14050)
of Division 7) shall be deposited in the subaccount for the purposes of subdivision (b)
Water Recycling Subaccount in the Clean Water and Water Recycling Account in the Safe
Drinking Water, Clean Water, Watershed Protection, and Flood Protection Bond Fund
created by Section 79136, for the purposes set forth in Article 4 (commencing with Section
79135) of Chapter 7 of Division 26.
(b) Notwithstanding Section 13340 of the Government Code, the in the subaccount
money
is hereby continuously appropriated, without regard to fiscal years, to the board for loans to
public agencies to construct, operate, and maintain eligible recycling projects, for loans to
aid in the design and construction of eligible recycling projects, for grants in accordance
with Section 78628, and for the purposes described in Section 78629 and subdivision (a) of
10/12/00 9:45 AM
CA Secretary of State - Primary Election 2000 - Text of Proposition 13, http://primary2000.ss.ca, gov/VoterGuide/Propositions/l 3text.hr
Section 78630.
SEC. 5. Section 78626 of the Water Code is repealed.
78626. (a) All principal and interest payments received pursuant to loan contracts
entered into pursuant to this article shall be deposited in the subaccount for additional
loans under subdivision (b) of Section 78621, and shall not be transferred to the
General Fund.
(b) The board may transfer any unallocated funds in the subaccount to the Water
Reclamation Account in the 1984 State Clean Water Bond Fund for the purposes set
forth in Section 13999.10,
SEC. 6. Section 78626 isadded to the Water Code, to read:
78626. Unallocated funds :remaining in the subaccount on March 8, 2000, and any funds
deposited into the subaccount after that date, shall be transferred to, and all money repaid
to the state pursuant to any loan contract executed under this article shall be deposited in,
the Water Recycling Subaccount in the Clean Water and Water Recycling Account in the
Safe Drinking Water, Clean Water, Watershed Protection, and Flood-Protection Bond Fund
for the purposes set forth in Section 79140.
SEC. 7. Section 78648.12 of the Water Code is repealed.
78648.12. AH principal and interest payments received pursuant to loan contracts.
entered into pursuant to this article shah be deposited in the sUbaccount.
SEC. 8. Section 78648.12 is added to the Water Code, to read:
78648.12. Unallocated funds remaining in the subaccount on March 8, 2000 andanyfunds
deposited into the subaccount after that date, shall be transferred to, and all money repaid
to the state pursuant to any loan contract executed under this article shall be deposited in,
the Seawater Intrusion Control Subaccount in the Clean Water and Water Recycling
Account in the Safe DrinkJng Water, Clean Water, Watershed Protection, and Flood
Protection Bond Fund for the purposes set forth in Article 6 (commencing with Section
79149) of Chapter 7 of Division 26.
SEC. 9. Section 78675 of the Water Code is repealed.
78675. Any repayments of loans made pursuant to this article' including interest
payments, and. all interest earned on, or accruing to, any money in the sUbaccount,
shall be deposited in the subaccount and shah be available for the uses described in
this article.
SEC. 10. Section 78675 is added to the Water Code, to read:
78675. Unallocated funds remaining in the subaccount on March 8, 2000, shall be
transferred to, and all money repaid to the state pursuant to any loan contract executed
under this article shall be deposited in, the Water Conservation Account in the Safe
Drinldng Water, Clean Water, Watershed Protection, and Flood Protection Bond Fund for
the purposes of entering into additional loans under Article 3 (commencing with Section
7915 7) and Article 4 (commencing with Section 79161) of Chapter 8 of Division 26.
50 of 50 10/12/00 9:45
BAKERSFIELD
PUBLIC WORKS DEPARTMENT
MEMORANDUM
TO: ALAN TANDY, City Manager
FROM: RAUL ROJAS, Public Works Director /,-~ _~.
DATE: October 19, 2000
SUBJECT: East Planz Sump
Council Referral WF0018664 / 001, Carson
IVice-Mayor Irma Carson requested staff provide a report back regarding how the funds can
be used if not used for the East Planz Sump.
This East Planz Sump is to be funded by Community Development Block Grant (CDBG) funds.
The project description on the CDBG funding documents currently limits the use of these funds
to the design and construction of storm drainage facilities in the Casa Loma No. 6 Annexation
Area. According to staff from the Economic and Community Development Department, any
other use of these funds would require City Council action to amend the Action Plan for the
project.
cc: Jacques R. LaRochelle, Engineering Services Manager
George Gonzales, Community Development Director
tdw: S : \ T E D~2OOOmemo\101900at2. wpd
~ _~ City of Bakersfield *REPRINT*
WORK REQUEST PAGE 1
REQ/JOB: WF0018664 / 001. PROJECT: DATE PRINTED: 10~13~00
REQUEST DATE: 10/11/00
CREW: TIME PRINTED: 11:45:37
SCHEDULE DATES
LOCATION: ~'l'a~'£': 10~11~00
LOCATION ID: ZIP CODE: COMPLETION: 10/19/00
GEN. LOC: FACILITY NODES
FROM:
FACILITY ID: TO:
REF NBR:
REQ DEPT: CITY COUNCIL REFERRAL PRIORITY: HIGH
REQUESTOR: COUNCILMEMBER CARSON ORIGIN: CITY COUNCIL REFERRAL
USER ID: DSULLIVAN WORK TYPE: REFERRAL
DESCRIPTION: EAST PLANZ SUMP
REQUEST COMMENTS
***REFERRAL TO PUBLIC WORKS***
CARSON REQUESTED STAFF PROVIDE A REPORT BACK
REGARDING HOW THE FUNDS CAN BE USED IF NOT USED
FOR THE EAST PLANZ SUMP.
Job Order Description: EAST PLANZ SUMP
at~gory: PUBLIC WORKS
asK: RESPONSE TO REFERRAL
Assigned Department: PUBLIC WORKS
START'DATE / / COMPLETION DATE / /
DEPARTMENT OF RECREATION AND PARKS
DATE: October 18, 2000
TO: Alan Tandy, City Manager
FROM: Stan Ford, Director ~
SUBJECT: Offer From Tree Foundation
#WF0018658
Councilman Maggard requested that he be called regarding an offer from the Tree
Foundation of Kern to assist the city by providing trees for medians and other locations,
Staff in his office were contacted and indicate that the Tree Foundation intends to pursue
grants and other sources of funding for trees. Some part of any assistance obtained may
consequently be provided for the benefit of the city.
S:\Council Referrals\WF0018658.wpd October 18, 2000 (2:41PM)
City of Bakersfield *REPRINT*
.... ~ WORK REQUEST PAGE 1
REQ/JOB: WF0018658 / 001 PROJECT: DATE PRINTED: 10~18~0
REQUEST DATE: 10/11/0~
CREW: TIME PRINTED: 16:51:38
SCHEDULE DATES
LOCATION: ~TART: lu~ll~0~
LOCATION ID: ZIP CODE: COMPLETION: 10/19/0
GEN. LOC: FACILITY NODES
FROM:
FACILITY ID: TO:
REF NBR:
REQ DEPT: CITY COUNCIL REFERRAL PRIORITY: HIGH
REQUESTOR: COUNCILMEMBER MAGGARD ORIGIN: CITY COUNCIL REFERRAL
USER ID: DSULLIVAN WORK TYPE: REFERRAL
DESCRIPTION: OFFER FROM TREE FOUNDATION
REQUEST COMMENTS
***REFERRAL TO STAN FORD, RECREATION & pARKs***
MAGGARD REQUESTS THAT STAN CONTACT HIM REGARDING
AN OFFER FROM THE TREE FOUNDATION TO ASSIST THE
CITY WITH TREES FOR POTENTIAL USE IN MEDIANS AND
OTHER AREAS.
Job Order Description: OFFER FROM TREE FOUNDATION Category: RECREATION &.PARKS
Task: RESPONSE TO REFERRAL
Assigned Department: RECREATION & PARKS
INSTRUCTIONS
l±/±9/uu M~O FORWARDED FROM DIRECTOR TO CITY
MANAGER. JHG
START DATE / / COMPLETION DATE / /
BAKERSFIELD
CITY MANAGER'S OFFICE
MEMORANDUM
October
16,
2000
TO: ALAN TANDY, CITY MANAGER ~/~'/ /
/1(/
At the request of Councilmember Maggard, the following information relating to the high price of
gasoline in Bakersfield and other California communities has been compiled.
In the gasoline market, prices vary from place to place and over time. These price differences
reflect a free market at work, where supply and demand determine the price of goods.
A number of factors cause fluctuations at the gasoline pump. Over the long-term, the cost of
exploring for and producing crude oil and the making and delivering of gasoline must be
recovered. Day-to-day prices at the pump, however, are set by the available supply of
gasoline, the demand for it, and the competitors who fight for a share of the gasoline
market.
Consumers today have more purchasing options than ever before. More stations and more
choices are meeting new demands. Many gasoline retailers are increasingly expanding their
businesses and offering a larger variety of products and services: food, convenience items,
ATMs and car washes. These additional income resources allow the retailers maximum
flexibility in their business, since they do not need to rely on gasoline sales alone to make ends
meet.
Different areas of the state face varying conditions under which supply, demand and
competition exist. Los Angeles, for example, has more gasoline stations per 10 square miles
than San Francisco. San Francisco has little land available for gas station development, due
both to topography and zoning restrictions. Thus, Los Angeles is more competitive, which
generally pushes prices lower. This same principle applies when different prices are found in
adjacent cities or at stations a few blocks apart. More stations in one area will tend to result in
lower prices.
On an international scale, the Organization of Petroleum Exporting Countries (OPEC) and
some other nations have restrained supplies of crude oil, and that constraint, coupled with
increasing world demand for oil as the Asian nations recover from their economic slump, has
caused the price of crude oil to nearly triple since early 1999.
Alan Tandy, City Manager October 16, 2000
Gasoline Prices Page 2
Demand for gasoline in the U. S. is higher than this time last year, and the U. S. economy
continues to grow. Higher demand puts upward pressure on prices. Inventories of crude,
diesel and gasoline are at 10-year lows in the U. S.
In federal reformulated gasoline areas, a change to a new required formulation has reduced the
supply of gasoline in certain areas. Coupled with higher summer demand, this decrease has
placed upward pressure on prices.
There are four main areas associated with the price of gasoline: crude oil cost, taxes,
refinery costs and profit margin, and dealer costs and profit margin. About the only area that
doesn't change much is taxes.
Crude oil cost is the price paid for a barrel of crude oil on the international market divided by
42 gallons in a barrel. This will give the price of crude per each gallon of gasoline. This is often
the most volatile price of the fuel. Crude is traded as a commodity, and as the price goes up,
prices for gasoline can change very quickly. When prices for crude come down, the price for
gasoline also comes down -- but very slowly. This is typical for most commodities.
For every one dollar increase of the cost of a barrel of crude oil, there is an increase of about
2.5-cents per gallon of gasoline. So, a $10 increase per barrel in crude prices means a 25-cent
increase at the pump. A $15 increase in crude oil means a 37.5-cent a gallon increase in
gasoline prices. This additional cost will not go away until crude oil prices start to come down.
Taxes for gasoline in California are: 18.3 cents/gallon for federal excise taxes; 18 cents/gallon
for state excise taxes; and local and state sales taxes. Sales taxes vary depending on the city
and county you are in but, on average, the sales tax adds between 9 and 12 cents to a gallon of
gasoline, depending on final price. Diesel fuel taxes are different.
Dealer costs and profit margin (or the amount that the dealer charges for the fuel) includes all
costs associated with the distribution and retailing of motor fuel, including but not limited to:
franchise fees, and/or rents, wages, utilities, supplies, equipment maintenance, environmental
fees, licenses, permitting fees, credit card fees, insurance, depreciation, advertising and profit.
Dealer margin normally lags changes in the wholesale price of gasoline.
Refinery costs and profit margin (or the prices charged by the oil companies) must cover all
costs associated with production, distribution, and acquisition of gasoline. The refinery costs
and profit margin covers all costs associated with refining and terminal operation, crude oil
processing, oxygenate additives (in California this is 5-8 cents per gallon more than in states
that are not required to use oxygenated gasoline), product shipment and storage, oil spill fees,
depreciation, brand advertising, purchases of gasoline to cover refinery shortages and profits.
Also during times of market disturbance -- when there are supply shortages or even perceived
supply shortages -- production (and acquisition) costs will increase beyond normal values
because of market fears and speculation.
Bakersfield has two refineries which produce gasoline, Shell/Equilon Refinery and Kern County
Refinery. Kern County Refinery produces/distributes gasoline locally. The Shell/Equilon
refinery produces/distributes locally but also trades "blend stocks" when needed with its refinery
Alan Tandy, City Manager October 16, 2000
Gasoline Prices Page 3
in Wilmington (to avoid duplication of refinery systems and to keep costs down). These trades
are shipped by truck or rail car.
Dean Simeroth, Chief, Criteria Pollutants Branch, (916) 322-6020, Air Pollutions Control Board,
indicated the Bay Area City of Martinez, like Bakersfield, has gasoline refineries (Equilon, Tosco
and Valero). Its gasoline prices, too, are often higher than surrounding areas. Mr. Simeroth
feels that the difference in gasoline pricing in different areas depends a lot on marketing.
In California's fluctuating gasoline market, with the numerous and various components of the
free market system, "what the market will bear" appears to hold true throughout California as
well as in the local Bakersfield area. Gasoline pump prices in Bakersfield are affected, as is the
rest of the state, by available supply, demand, and competitors in the gasoline market.
Please let me know if anything further is needed.
(P:~A'r~M0010161 )
BAKERSFIELD
PUBLIC WORKS DEPARTMENT
MEMORANDUM
TO: ALAN TANDY, CITY MANAGER
FROM: RAUL ROJAS, PUBLIC WORKS DIRECTOR_,~'<--~ ~
DATE: OCTOBER 19, 2000
SUBJECT: LARGE BOULDERS ON HIGHWAY 178
Council Referral WF0018657 / 001
Councilmember Maggard requested that staff urge CaI-Trans to repair severe cuts in the road and
remove the large boulders that are on both sides of the roadway, located east on Highway 178,
beyond Miramonte Drive.
Street Division staff (Mike Connor) contacted Caltrans on Tuesday, October 17, 2000
and reported Councilmember Maggard's concern.
Caltrans informed us that they will put this project on their maintenance schedule.
In the meantime they will send someone to review the area and if it needs immediate
attention.
OCT I 0 3000
CITY MANAGER S O,,-ACE
G:tGROUPDATiSTREETS~Large nolulders. Maggard.wpd
~ ....'~ .City of Bakersfield *REPRINT*
WORK REQUEST PAGE 1
REQ/JOB: WF0018657 / 001 PROJECT: DATE PRINTED: 10~13~00
REQUEST DATE: 10/11/0
0
CREW: TIME PRINTED: 11:45:39
SCHEDULE DATES
LOCATION: ~'rA/iT: 10~11~0~
LOCATION ID: ZIP CODE: COMPLETION: 10/19/0
GEN. LOC: FACILITY NODES
FROM:
FACILITY'ID: TO:
REF NBR:
REQ DEFT: CITY COUNCIL REFERP~AL PRIORITY: HIGH
REQUESTOR: COUNCILMEMBER MAGGARD ORIGIN: CITY COUNCIL REFERP~AL
USER ID: DSULLIVAN WORK TYPE: REFERRAL
DESCRIPTION: LARGE BOULDERS ON 178
REQUEST COMMENTS
***REFERRAL TO PUBLIC WORKS***
MAGGARD REQUESTED THAT STAFF URGE CALTRANS TO
REPAIR SEVERE CUTS IN THE ROAD AND REMOVE THE
LARGE BOULDERS TN_AT ARE ON BOTH SIDES OF THE
ROADWAY,LOCATED EAST ON 178, BEYOND MIRAMONTE.
Job Order Description: LARGE BOULDERS ON 178 Cat~gory: PUBLIC WORKS
Task: RESPONSE TO REFERRAL
Assigned Department: PUBLIC WORKS
START DATE / / COMDLETfON DATE / /
BAKERSFIELD
CITY MANAGER'S OFFICE
MEMORANDUM
October 20, 2000
TO: Councilmember Couch
FROM: John W. Stinso~,{~?sistant City Manager
SUBJECT: Referrals dated 10/10/00
The following are staff responses to the referrals made by you on 10/10/00:
#1 Question: Request for business cards for upcoming Japan Trip
Response: Staff has ordered the requested cards.
#2 Question: Forward information from Leslie A. Hill regarding the re-zoning of the
southwest corner of Calloway Drive and Olive Drive to the Planning
Department for the file.
Response: The information you provided has been sent to the Planning
Department to include in the file.
#3 Question: Request that staff contact the railroad companies regarding
developing a railroad crossing maintenance program.
Response: This item was referred to the City Attorney's office to contact the
railroad companies regarding this concern. They have prepared
correspondence regarding this issue, which is attached.
#4 Question: Message from Jack Kimbell regarding concerns about the need for a.
four way stop at the intersection at Palm and Jewetta.
Response: The Traffic Engineer has contacted Mr. Kimbell and prepared a
response to his concerns which is attached.
Councilmember Couch
October 20, 2000
Page 2
#5 Question: Request for staff to respond to citizen e-mail regarding stop signs at
A street and 21,22,23,24th Streets.
Response: The Traffic Engineer has sent an e-mail in response to his concerns
which is attached.
#6 Question: Concern By Mr. Jeff Coleman regarding traffic on Balvanera Street.
Response: The Traffic Engineer has contacted Mr. Coleman and prepared the
enclosed memo in response to his concerns.
#7 Question: Concern by Mr. Aaron Mink regarding Parks and Rec tax and why he
has no Park?
Response: Recreation and Parks department has contacted Mr. Mink and
prepared a response to his question.
#8 Question: Letter from Mr. Robert ^ Danford regarding using the center median
lane as a fire lane for emergency vehicles and retrofitting Tractor
Trailers as portable police substations.
Response: Staff has prepared responses to Mr. Danford'S questions and a letter
for your signature in response to his letter.
JWS:RKS
Enclosures
CITY ATTORNEY
Bart J. Thiltgen
ASSISTANT CITY A~VI'ORNEY '
DEPUTY CITY ATrORNEYS
AlanAl len M. S D. Danielhaw
Walter H. Port, Jr.
Mich~-~ ~. ~fo~ CITY OF BAKERSFIELD
Carl Hernandez IH
Janice Scanlan
V'~rgin~a Gennaro OFFICE OF THE CITY ATTORNEY
1501 TRUXTUN AVENUE
Andrew C. Thomson BAKERSFIELD, CA 93301
ADMINISTRATIVE ASSISTANT TELEPHONE: 661-326-3721
Lori A. Aguilar FACSIMILE: 661-852-2020
October 19, 2000
Track Superintendent Manager of Track Maintenance
SAN JOAQUIN VALLEY UNION PACIFIC
RAILROAD COMPANY RAILROAD COMPANY
221 North "F" Street 10031 Foothills Boulevard, Suite 200
Post Office Box 937 Roseville, California 95747-710i
Exeter, California 93221
John Palacios, Roadmaster
BURLINGTON NORTHERN
SANTA FE RAILWAY
3901 East Vine Street
Fresno, California 93725
RE: Program of Maintenance
Gentlemen:
It has come to the attention of the City of Bakersfield that various railroad crossings within
the corporate boundaries are deteriorating and not being maintained on a regular basis. Such
deterioration, over time, can constitute a significant health and safety concern for the City.
The City requests your cooperation in this matter. TheCity Council would like to see a
program of ongoing maintenance established which would allow the repair and replacement of
deteriorating crossings on an ongoing basis. The City believes all parties Would benefit from such
an arrangement.
Please contact us at your earliest convenience to discuss this matte~.
Thank you for your time in this matter, please call if you ~have any questions.
Very truly yours,
%"----~"' Deputy City Attorney
ADD:dlr
cc: Honorable Mayor and City Councilmembers
Alan Tandy, City Manager
Bart J. Thiltgen, City Attorney
Jack LaRochelle, Engineering Services Manager
S:\COUNCIL\Referrals\RRProgramMaintenanceLtr.wpd
BAKERSFIELD
PUBLIC WORKS DEPARTMENT
MEMORANDUM
TO: ALAN TANDY, CITY MANAGER
FROM: RAUL M. ROJAS, PUBLIC WORKS DIRECTOR ~L.--, j
DATE: October 18, 2000
SUBJECT: COUNCIL REFERRAL WF0018649/001, WARD 4.
"COUCH REQUESTS THAT STEVE WALKER CONTACT JACK KIMBELL REGARDING
HIS CONCERNS ABOUT THE INTERSECTION OF PALM A VENUE AND JEWETTA
A VENUE. ALSO PREPARE A WRITTEN RESPONSE BACK TO COUCH"
The Traffic Engineer talked with Mr. Kimbell regarding the intersection and the traffic
control. This location used to be in the City limits, prior to the de-annexation of the Palm-
Olive area. Since the intersection is now in the County, Mr. Kimbell was referred to the
County Roads Department. The Traffic Engineer supplied the County with all the previous
studies of the intersection along with the traffic and accident data. Per Mr. Barry Hayslett
of the County Roads Department, the decision has been made to install a 4-way stop at
the intersection. Mr. Haysiett said the signs would be installed this week.
cc: Traffic Engineering File
slw: S:\WP\CC_REFS\WF0018649.PalmJewettaKimbell.ref. wpd
Page I of I
ANAGER S
L _ City ot Bakers~±eld *REPRINT*
WORK REQUEST PAGE 1
REQ/JOB: WF0018649 / 001 PROJECT: DATE PRINTED: 10~12~00
REQUEST DATE: 10/11/00
CREW: TIME PRINTED: 12:30:46
SCHEDULE DATES
LOCATION: ~'r~d<'l': 10~11~00
LOCATION ID: ZIP CODE: COMPLETION: 10/19/00
GEN. LOC: FACILITY NODES
FROM:
FACILITY ID: TO:
REF NBR:
REQ DEPT: CITY COUNCIL REFERRAL PRIORITY: HIGH
REQUESTOR: COUNCILMEMBER COUCH ORIGIN: CITY COUNCIL'REFERRAL
USER ID: DSULLIVAN WORK TYPE: REFERRAL
DESCRIPTION: CONTACT JACK KIMBELL
CONTACT
JACK KIMBELL Phone 1 661 - 5873778 ( )
Phone 2 - (
)
Bakersfield, CA 93301
REQUEST COMMENTS
***REFERRAL TO STEVE WALKER, PUBLIC WORKS***
COUCH REQUESTS THAT STEVE WALKER CONTACT JACK
KIMBELL REGARDING HIS CONCERNS ABOUT THE
INTERSECTION OF PALM AVENUE & JEWETTA AVENUE. ALSO
PREPARE A WRITTEN RESPONSE BACK TO COUCH. COPY OF
CORRESPONDENCE AVAILABLE AT THE CITY CLERK'S
OFFICE FRONT COUNTER.
Job Order Description: CONTACT JACK KIMBELL Category: PUBLIC WORKS
Task: RESPONSE TO REFERRAL
Assigned Department: PUBLIC WORKS
START DATE / / COMPLETION DATE / /
MESSAGE
CAME TO SEE YOU WILL CALL AGAIN
WANTS TO SEE YOU RUSH
RETURNED YOUR CALL SPECIAL ATTENTION
BAKERSFIELD
PUBLIC WORKS DEPARTMENT
MEMORANDUM
TO: ALAN TANDY, CITY MANAGER
FROM: RAUL M. ROJAS, PUBLIC WORKS DIRECTOR _~ ~
DATE: October 19, 2000
SUBJECT: COUNCIL REFERRAL WF0018654/001, WARD 4, "A" STREET AND
VARIOUS INTERSECTIONS.
"COUCH REQUESTS THAT A DIRECT E-MAIL RESPONSE BE SENT TO
BOB7OO6@/tOL. COM IN REGARDS TO HIS QUESTION CONCERNING "A " STREET
AND VARIOUS INTERSECTIONS. PREPARE A WRITTEN RESPONSE BACK TO
COUCH."
The Traffic Engineer responded to BOB7006@AOL.COM via email. Intersections along
A Street have stop signs to control either the side street or A Street, but there are no 4-way
stop intersections. The Traffic Engineer offered to study any intersections the writer had
concerns about and asked for a reply. Copy of email response is attached.
cc: Traffic Engineering File
slw: S:\VVP\CC_REFS\WF0018654._A_Street_lntersections.ref. wpd
Page 1 of 1
C!TY MANAGER'S
I'~ S~e~)e -.~'~lker: 1'sq-ui~ -reg-ai-difig A $ff~t int~rs-ec~i~)'ris'. .............. page 1 ]
To: inet:bob7006@aol.com
Date: 10/19~00 12:19PM
Subject: Inquiry regarding A Street intersections.
Dear Sir,
Your recent email inquiry to Councilman Couch was referred to Traffic Engineering for response. In your
email, you asked "Whats up with the intersections at A Street and 20,21,22,23, 24th? There are no stop
signs anywhere?"
I reviewed the locations to see what is out there. A Street at 24th is a stop for A Street with 24th (State
Route 178 Highway) being the through street. There is no intersection of A Street and 23rd Street, so no
stop signs are appropriate. There are no stops at 22nd and A Streets since A Street stops at 21st and
22nd stops at both Cedar and B Streets to break up the flow of traffic. That intersection has operated well
in the past. Traffic on A Street has to stop at 21st Street, the through street. Traffic on 20th Street stops at
A Street and A Street stops at 19th Street and 18th Street. The side street of 17th Street tees into A Street
and stops. A Street then stops at the traffic signal at Truxtun.
I would be glad to review and study the operations at any of the these, or other, intersections, if you have
a specific concern. Please contact me if I can be of further help regarding traffic flow and intersection
control in the City.
cc: City Council
Stephen L. Walker
Traffic Engineer - Public Works Department
City of Bakersfield, California
(661) 326-3959
swalker@ci.bakersfield.ca, us
CC: Bruce Deeter; Ryan Starbuck
>~ City o~ Bakersfield
~'~ '~ WORK REQUEST PAGE 1
REQ/JOB: WF0018654 / 001 PROJECT: DATE PRINTED: loZ12Zoo
~ REQUEST DATE: 10/11/00
CREW: TIME PRINTED: 14:05:38
SCHEDULE DATES
LOCATION: STAKT: ±0~11~00
LOCATION ID: ZIP CODE: COMPLETION: 10/19/00
GEN. LOC: FACILITY NODES
FROM:
FACILITY ID: TO:
REF NBR:
REQ DEPT: CITY COUNCIL REFERRAL PRIORITY: HIGH
REQUESTOR: COUNCILMEMBER COUCH ORIGIN: CITY COUNCIL REFERRAL
USER ID: DSULLIVAN WORK TYPE: REFERRAL
DESCRIPTION: "A" STREET & VARIOUS INTERSECTIONS
REQUEST COMMENTS
***REFERRAL TO PUBLIC WORKS - TRAFFIC***
COUCH REQUESTS THAT A DIRECT E-MAIL RESPONSE BE
SENT TO BOBT006@AOL.COM IN REGARDS TO HIS QUESTION
CONCERNING "A" STREET & VARIOUS INTERSECTIONS.
PREPARE A WRITTEN RESPONSE BACK TO COUCH. COPY OF
CORRESPONDENCE AVAILABE AT CITY CLERK'S OFFICE
FRONT COUNTER.
Job Order Description: "A" STREET & VARIOUS INTERSECTIONS
at~gory: PUBLIC WORKS
asK: RESPONSE TO REFERRAL
Assigned Department: PUBLIC WORKS
START DATE / / COMPLETION DATE / /
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From: Bob7006@aol.com
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Date: Tue, 3 Oct 2000 01:14:54 EDT
Subject: Re: (no subject)
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I Da~O: ' ' T~e~are
Whats up with the intersections at A. Street and 20,21.22,23.24th?
no stop signs anywhere?
BOB
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Thursday, Ootober 06, 2000 America Online: Council VV4 Page: 2
BAKERSFIELD
PUBLIC WORKS DEPARTMENT
MEMORANDUM
TO: ALAN TANDY, CITY MANAGER
FROM: RAUL M. ROJAS, PUBLIC WORKS DIRECTOR ~
DATE: October 19, 2000
SUBJECT: COUNCIL REFERRAL WF0018651/001, WARD 4, TRAFFIC ON
BALVANERA STREET.
"COUCH REQUESTS THAT STAFF CONTACT JEFF COLEMAN AND ADDRESS HIS
QUESTIONS REGARDING TRAFFIC ON BAL VANERA. ALSO PREPARE A WRITTEN
RESPONSE BACK TO COUCH."
Traffic Engineering staff talked to Mr. Coleman and performed several traffic count studies
in the area and on Balvanera. The street is a local collecting street for the neighborhood
and carries between 1200 and 1500 vehicle per day. The capacity of the street is 10,000
to 12,000 cars per day. Other streets also serve the area for ingress and egress.
Cheyenne Drive has over 1700 cars per day at the intersection with Calloway. Arapaho and
Greenwich access Verdugo Drive and Nez Perce Way and Dakota Lane provide access
to Noriega Road with 500 to 800 vehicles per day. Since Balvanera was designed by the
developer to be a main access road for the north part of his subdivision, Balvanera does
have more traffic volume than a non-collecting interior street. There are plans to develop
to the north with access to Olive Drive. When those access roads are developed, some
traffic volume on Balvanera will divert to those streets. Mr. Coleman was pleased to find
out that Olive will continue to the west as development occurs. The speeds on the street
averaged 29 miles per hour with a pace speed of between 25 and 35 miles per hour for 62
percent of the vehicles. This information was forwarded to the Police Department for their
use in enforcement. Mr. Coleman said the Police had recently been in the area with radar
and he was pleased with their effort.
cc: Traffic Engineering File
Page 1of I I
~ ~- City oI Bakersfield
WORK REQUEST PAGE 1
REQ/JOB: WF0018651 / 001 PROJECT: DATE PRINTED: 10Z12~00
REQUEST DATE: 10/11/00
CREW: TIME PRINTED: 12:42:47
SCHEDULE DATES
LOCATION: ~TAKT: 10~ll~00
LOCATION ID: ZIP CODE: COMPLETION: 10/19/00
GEN. LOC: FACILITY NODES
FROM:
FACILITY ID: TO:
REF NBR:
REQ DEPT: CITY COUNCIL REFERRAL PRIORITY: HIGH
REQUESTOR: COUNCILMEMBER COUCH ORIGIN: CITY COUNCIL REFERRAL
USER ID: DSULLIVAN WORK TYPE: REFERRAL
DESCRIPTION: TRAFFIC ON BALVANERA
CONTACT
JEFF COLEMAN Phone 1 661 - 5884942 ( )
9804 BALVANERA~ Phone 2 -
(
)
Bakersfield, CA 93312
REQUEST COMMENTS
***REFERRAL TO PUBLIC WORKS - TRAFFICw**
COUCH REQUESTS THAT STAFF CONTACT JEFF COLEMAN
AND ADDRESS HIS QUESTIONS REGARDING TRAFFIC ON
BALVANERA. ALSO PREPARE A WRITTEN RESPONSE BACK TO
COUCH. COPY OF CORRESPONDENCE AVAILABLE AT THE
CITY CLERK'S OFFICE FRONT COUNTER.
Job Order Description: TRAFFIC ON BALVANERA
at~gory: PUBLIC WORKS
asK: RESPONSE TO REFERRAL
Assigned Department: PUBLIC WORKS
START DATE __/__/__ COMPLETION DATE / /
Sent By: CITY CLERKS 0FFTCE; 661 323 3780; 0ct-4-00 4:40PM; Page 1/1
To: DAVZD COUCH At: 3279417
I U: UAVIU C;UUGH PA~: ;~Z/-~141Y
FROM: CITY CLERK'S OFFICE
office - 326-3767 Fax - 661 323-3780
DATE
WANTS TO SEE YOU RUSH
RETURNED YOUR CALL SPECIAL A1-FENTION
MESSA(~
DEPARTMENT OF RECREATION AND PARKS
DATE: October 18, 2000
TO: Alan Tandy, City Manager
FROM: Stan Ford, Director '~./,-~
SUBJECT: Parks and Recreation Tax
#WF0018652
Mr. Aaron Mynk was contacted by my staff for clarification regarding his tax bill. What he
had understood to be a "parks and recreation tax" turned out to be an assessment of
$34.34 for street landscaping. Mr. Mynk was happy to have this clarified, and remarked
that he does enjoy the street landscaping and equestrian path it incorporates.
He also stated his concern that he does not yet have a park. His property is the North
Bakersfield Recreation and Parks District. He was informed that Almondale Park is being
developed near his home and is anticipated to be completed in Summer, 2001.
Mr. Mynk was invited to call back at any time for more information, or if he ever has
concerns about the street landscaping.
S:\Council Referrals\WF0018652.wpd October 18, 2000 (4:34PM)
City of Bakersfield *REPRINT*
WORK REQUEST PAGE 1
REQ/JOB: WF0018652 / 001 PROJECT: DATE PRINTED: 10~19~00
REQUEST DATE: 10/11/00
CREW: TIME PRINTED: 11:13:49
SCHEDULE DATES
LOCATION: ~'I'A~T: ±~1~00
LOCATION ID: ZIP CODE: COMPLETION: 1 9/00
GEN. LOC: FACILITY NODES
FROM:
F~CILITY ID: TO:
REF NBR:
REQ DEPT: CITY COUNCIL REFERRAL PRIORITY: HIGH
REQUESTOR: COUNCILMEMBER COUCH ORIGIN: CITY COUNCIL REFERRAL
USER ID: DSULLIVAN' WORK TYPE: REFERRAL
DESCRIPTION: PARKS & RECREATION TAX
CONTACT
AARON MINK PhonePh°ne 12 661 _- 5878558
Bakersfield, CA 93301
~EQUEST COMMENTS
***REFERRAL TO RECREATION & PARKS***
COUCH REQUESTS THAT STAFF CALL AARON MINK
REGARDING HIS QUESTION REGARDING PARKS & REC. TAX
& PREPARE A RESPONSE BACK TO COUCH. COPY OF
CORRESPONDENCE AVAILABLE AT CITY CLERK'S OFFICE
FRONT COUNTER.
Job Order Description: PARKS & RECREATION TAX
Category: RECREATION & PARKS
Task: RESPONSE TO REFERRAL
Assigned Department: RECREATION & PARKS
INSTRUCTIONS
, ±u/18/~0 ~OPERTY OWNER CONTACTED AND ASSESSMENT
EXPLAINED. MEMO FROM DIRECTOR TO CITY MANAGER.
JHG
START DATE / / COMPLETION DATE / /
From: Leslie A Hill <hills5804@juno.com>
To: CITYDOM.citypol(City_Council)
Date: Thu, Dec2, 1999 2:45 AM
Subject: Rezoning 16.36 acres on southwest corner of Calloway Dr. and .Olive Dr.
Leslie A. Hill
Telephone 588-5323
Fax 587-9182
5804 Running Brook St.
Bakersfield, Ca. 93312
Dear Councilman Couch,
My name is Leslie Hill. My wife and I have just moved into our dream
home. We have
lived here since June 30, 1999. We just love the neighborhood. It's like
we have went ~ .-~ ~~-
back into a time when you could feel really good about with who and where
your children are growing-up!!! But for you to fully understand just what
this'home and neighborhood means to us you need to know a little of our
history.
During our married life my wife and I have worked very hard to get
this home. We
have bought one fixer-upper after another. I worked at the Post Office
during the day and fixed the houses up at night. We saved every penny we
could with the goal of one day working our way to Rosedale away from all
the traffic, gangs, crime, noise, over crowded schools and apartments.
We have six beautiful .daughters who love it here just as much as we
do. The
neighborhood here is like a dream come true. The street ends one house
down from us to the north, and ends in a cul-de-sac to the south. The
children in the neighborhood run from house to house playing, eating
dinner wi{h each other and doing homework
together. There is not one parent on our street that we are not on a
first name basis with. The children play in the steers like we did when
we were kids with out worrying about getting ran over or gangs or all the
other things that rob our children of being children. Its just great!!!!!
But all this know is in danger of be jeopardized by the proposed zone ~ · ,.,..,..,_..~ ~
change on the ~ ,'J~O
property directly behind our house from commercial to multi-residential.
We feel that
apartments would bring the following problems to our neighborhood;
1 .Property depreciation
2.Over crowded classrooms at J'~
nearby schools (~_..~ r~ ~'~ .
3. Increased crime rates
associated with larger populations 4. Traffic congestion
5. Environmental Impacts
City Cour~cil- Rezomng 16.36 acres on southwest corner of Calloway Dr. and Ohve Dr. Page 2
As our home backs up to this 16.36 acres we would be the first to be
effected by theft or
property damage, and our home would be subject to greater and swifter O~9 DEC - ~ ~ I !: 2'~
property
depreciation. 8AI~ERSF't~L~ (';{} Y Ct. EtCH.
One important factor we considered in choosing this lot to build our
home on was
the zoning on the property behind us. Had the property been zoned
multi-residential at
the time we were shopping for a home site we would not have considered
this location an option. We are dismayed by this proposal.We have heard a
rumor thatMartin-Mclntosh is willing to pay for the Olive Dr.
improvements in exchange for this zone change. Although this would be of
financial benefit to the City it,s unfair to the home buyers in this
neighborhood who bought based on the present zoning.The pride of a city
should not be its wide streets or overpasses, but its safe and fairly
developed neighborhoods.
We look to you Councilman Couch to be the voice for our neighborhood
in this matter.
Please stand with us in our efforts to protect both our family's quality
of life and the
financial investment we have made in this home. As our elected official
representing
Ward 4 we have confidence that you will fight for the interests of your
present
constituents.
Sincerely,
Leslie A.
Hill & Shelley L. Hill
Leslie/ . Hill
Telephone 588-5323
Fax 587-9182
5804 Running Brook St.
Bakersfield, Ca. 93312
Dear Councilman Couch,
My name is Leslie Hill. My wife and I have just moved into our dream home. We have
lived here since June 30, 1999. We just love the neighborhood. It's like we have went
back into a time when you could feel really good about with who and where your
children are growing-up!!! But for you to fully understand just what this home and
neighborhood means to us you need to know a little of our history.
During our married life my wife and I have worked very hard to get this home. We
have bOUght one fixer-upper after another. I worked at the Post Office during the day and
fixed the houses up at night. We saved every penny we could with the goal of one da~
working our way to Rosedale, away from all the traffic, gangs, crime, noise, over
crowded schools and apartments.
We have six beautiful daughters who love it here just as much as we do. The
neighborhood here is like a dream come true. The street ends one house down from us to
the north, and ends in a cul-de-sac to the south. The children in the neighborhood mn
from house to house playing, eating dinner with each other and doing homework
together. There is not one parent on our street that we are not on a first name basis with.
The children play in the steets like we did when we were kid's with out worrying about
getting ran over or gangs or all the other things that rob our children ofbein~ children. !ts.
But all this know is in danger of be jeopardized by the proposed zone change on the
property directly behind our house from commercial to multi-residential. We feel that
apartments would bring the following problems to our neighborhood;
1.Property depreciation
2.Over crowded classrooms at nearby schools
3. Increased crime rates associated with larger populations
4. Traffic congestion
5. Environmental Impacts
As our home backs up to this 16.36 acres we would be the first to be effected by theft or
property damage, and our home would be subject to greater and swifter property
depreciation.
One important factor we considered in choosing this lot to build our home on was the
the zoning on the property behind us. Had the property been zoned multi-residential at
the time we were shopping for a home site we would not have considered this location an
option. We are dismayed by this proposal. We have heard a rumor that Martin-Mclntosh
is willing to pay for the Olive Dr. improvements in exchange for this zone change.
Although this would be of financial benefit to the city it's unfair to the home buyers in
this neighborhood who bought based on the present zoning. The pride of a city should not
be its wide streets or overpasses, but its safe and fairly developed neighborhoods.
We look to you Councilman Couch to be the voice for our neighborhood in this matter.
Please stand with us in our efforts to protect both our family's quality of life and the
financial investment we have made in this home. As our elected official representing
Ward 4 we have confidence that you will fight for the interests of your present
constituents.
Sincefelw
Leslie A. Hill & Shelley L. Hill
ROBERT A. DANFORD
14035 ROSEDALE HIGI~AY
SPAC£ ! 50
BAKERSFIELD, CALIFORNIIA 93312'9685
(661 ) 588-8~30
R DAN FORD~BC. CC.CA. LIS
September 30, 2000
Sent Via Facsimile: (661) 327-9417
The Honorable David Couch
City Council of Bakersfield
1501 Truxtua Avenue
Bakersfield, California 93301
My Dear Councilman Couch:
This letter will serve to confirm our conversation on September 25, 2000 at Beale
Library.
My concerns regarding the ~owth of both the City, and the County, have to do with
growing too fast, without a coordinated vision, and soon to come into a rather
expensive conflict over land use, traffic, and the delivery of public safets'. As we grow
with more homes, more businesses, this will mean more people, and more traffic
which in turn would mean .more social problems, crime, and the delivery, of the
response to that.
We urtderufilize the center lane median which could be engineered as a fire lane
between le~ turn lanes. 1;ire, Paramedic, and Police Services could be sent to and
from, wkhout being delayed by om'id locked traffic jams.
Second, our Police could retrofit Tractor Trailers to be portable sub-stations that
could move about with criminal trends.
Sincerely,
ROBERT A. DANFORD
Bakersfield College
14035 Rosedale Highway Suite 150
Bakersfield, California 93312-9685
fconfidential
To: David Couch
Company:
Fax Number: +1 (661) 327-9417
Business Phone:
From: Robert A. Danford
Fax Number: +1 (661) 588-8930
Business Phone:
Home Phone:
Pages: 2
Date/Time: 10/01/2000 12:22:53 AM
Subject:
· -'~',~- ~y~ b~¥ UL~-H~.U OI-F~rCE; ~61 323 378~; 0c~-4-00 4:40PM;
To: 0AVID_ COUCH At: 3279417 Page 1/1
I U: UAVIU G~UGU r~ 3Z/-~41 /
~ FROM: ~ CLERK'S OFFICE
B A K E R S F [ E L D offi~-3~7~ F~-~I 3~37~
~[ I I I II II II I I I I III II I
CAME TO SEE YOU , ~1~ C~L AGAIN
.WA~TS TO SEE YOU , RUSH. ..
R~RH~D YOUR C[ ~PEOJ~L ~NTION
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From: Bob7006@aol.com
Full-name: Bob7006
Message-ID: <c3.9b0fd43.270ac54e@aol.com>
Date: Tue, 3 Oct 2000 01:14:54 EDT
Subject: Re: (no subject)
To: CouncilW4@aol. com
MIME-Version: 1.0
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Content-Transfer-Encoding: 7bit
X-Mailer: AOL 5.0 for Windows sub 120
Whats up with the intersections at A. Street and 20,21,22,23,24th?
no stop signs anywhere?
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Date: Wed, 4 Oct 2000 23:14:04 -0400 (EDT)
From: Mail Delivery Subsystem <MAILER-DAEMON@aoI.com>
Subject: Returned mail: Host unknown (Name server: rssmb: host not found)
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Thumday, O~tober 0~, ~000 Amerloa Online: Council W4 Page: 2
FOR 0004 (2/99)
MESSAGE
DATE TIME
TELEPHONED (~
GAME TO SEE YOU WILL GALL AGAIN
WANTS TO SEE YOU RUSH
RETURNED YOUR CALL SPECIAL A~ENTION
BAKERSFIELD
PUBLIC WORKS DEPARTMENT
MEMORANDUM
TO: ALAN TANDY, CITY MANAGER
FROM: RAUL M. ROJAS, PUBLIC WORKS DIRECTOR~,~ ~
DATE: October 19, 2000
SUBJECT: WARD 4 REFERRAL, ROBERT DANFORD FIRE LANE LETTER.
"COUNCILMAN COUCH REQUESTED STAFF REVIEW MR. DANFORD 'S LETTER
REQUESTING CONSIDERATION OF MEDIAN FIRE LANES TO REPLACE LANDSCAPED
MEDIANS."
The Traffic Engineer reviewed the letter from Mr. Danford regarding the utilization of the
median area on arterial roads as a "fire lane" for emergency vehicles. This would involve
eliminating the raised curb median island and the landscaping to accommodate a special
paved lane for the exclusive use of fire trucks or ambulances or police vehicles. The
concept is that such vehicles could get through traffic faster by using this exclusive lane.
The Traffic Engineer concedes that emergency vehicles could indeed move faster in one
direction on such a special lane, once the emergency vehicle got to the lane. This would
be like driving in a two way left turn lane for an extended distance. A problem the Traffic
Engineer foresees with such a lane is that the protection of traffic afforded by the barrier
of a median is lost. Errant traffic could cross into the opposing traffic on a busy street.
There are no laws or ordinances in California that allow for such a lane usage. The
California Traffic Control Devices Committee has not approved such a lane usage and is
not considering it at this time. In addition, there would be the esthetic 10ss of the trees and
plants in a median area used for landscaping. The Traffic Engineer considers the traffic
signal preemption system for emergency vehicles, currently in use, to be a satisfactory
solution to this concern.
cc: Traffic Engineering File
slw: S:\VVP\CC_REFS\Ward4.DanfordFireLane.ref. wpd
Page 1 of 1
ROBERT A. DANFORD
14035 ROSEDALE HIGHWAY
SPACE 1.50
BAKERSFIELD, CAL.JFORNIA 93312-9685
(6~i I ) 588-8930
RDANFOR D~BC. CC.CA. IJS
September 30, 2000
Sent Via Facsimile: (661) 327-9417
The Honorable David Couch
City Council of Bakersfield
1501 Truxtun Avenue
Bakersfield, California 93301
My Dear Councilman Couch:
This letter will serve to confirm our conversation on September 25.. 2000 at Beale
Library.
My concerns r~arding the ~owth of both the City, and the County, have to do with
growing too fast, without a-coordinated vision, and soon to come into a rather
expensive conflict over land use, traffic, and the delivery of public safer% As we grow
with more homes, more businesses, this will mean more people, and more traffic
which in turn would mean more social problems, crime, and the delivery, of the
response to that.
We underutilize the center lane median w. hich could be engineered as a fire lane
between le~ turn lanes, rise, Paramedic, and Police Services could be sent to and
from, without being delayed by om'id 'lock-ed traffic jams.
Second, ou.r Police could retrofit Tractor Trailers to be-portable sub-stations that
could move about with criminal trends.
Sincerely,
ROBERT A. DANFORD
October 19, 2000
To: Alan Tandy, City Manager
Honorable Mayor Price and Council Members
From: Eric W. Matlock, Chief of Police
Subject: Response to Citizen Robert Danford
Council Member Couch
On October 18, 2000, I met with Assistant City Manager John Stinson to review
correspondence received from citi~, n Robert Danford. Mr. Danford's suggestion to
use mobile trailers for temporary police sub-stations was referred to Captain Brad Wahl
for research and response. ~,
While we appreciate Mr. Danford's suggestion, I do not believe the use of mobile
trailers for temporary sub-stations is a feasible option for our department at this time.
Please refer to the attached response from Captain Brad Wahl for complete details.
EWM/vrf
Attachment: "Utilization of Tractor Trailers as Mobile Substations" by Capt. Brad Wahl, 10/19/00
October 19, 2000
To: Eric W. Matlock, Chief of Police
From: Brad Wahl, Captain, Operations Division
Subject: Utilization of Tractor Trailers as Mobile Substations
Regarding Mr. Danford's suggested use of tractor trailers as mobile substations, we
should certainly applaud his willingn~ to provide considered input to the utilization of city
resources. This exemplifies good citizenship. There are though certain factors that could render
the deployment of those tractors probldmatic to the point of being prohibitive.
· Such trailers are not deployable without a tractor to pull them. Even a single
tractor would be expensive to purchase. The outfitting of such a vehicle with
police department electronics and safety equipment would add still more cost.
· Having researched this topic several years ago, I found that semi trailers do not
lend themselves well to this type of use. They are generally tall, requiring stairs
(portable) and do not have easy access. To make the trailer something we would
be proud for our community to see and use would not be insignificant in cost.
· As opposed to retrofitting, which generally seems to take an extended period of
time and exceed budget parameters, the departments I visited either designed their
own trailers or bought them .from suppliers of such. In general they were brighter,
more open and more accessible (to wheelchairs, etc.) than a tractor trailer could be
configured.
· Most often those trailers were used for crowd control or other large deployments,
not, per se, as substations.
Page 1 of 2
Chief Eric W. Matlock
Utilization of Tractor Trailers
as Mobile Substations
October 19, 2000
· We currently deploy our resources to address crime trends at the discretion of
each watch commander. The availability of crime analysis, mobile data terminals,
and the fluid nature of our normal deployments obviate the need for mobile
substations beyond what may be considered for individual critical incidents.
Consequently, as helpful as such substations may be in larger and more populous
jurisdictions, at this point the tractor trailer substation may actually hinder more than help the
delivery of police services. The cost of purchase for trailers and tractors are prohibitive as well
as the costs for the requisite retrofitting. By 'virtue of their size they are slow and unwieldy and
less able to be quickly deployed than our officers are now.
BW/ik
Page 2 of 2
BAKERSFIELD
CALIFORNIA
October.20, 2000
CITY COUNCIL
Bob Price
Mayor
Mr. Robert A. Danford
IrmaCarson 14035 Rosedale-Highway, Space 150
~'~e-Mayor Bakersfield, CA 93312-9685
Ward l
Patricia DeMond
WardZ Dear Mr. Danford:
Mike~ I appreciate your recent letter and suggestions regarding city safety services.
Ward3 I asked staff to explore your ideas to see if they would be feasible to
mviaCouch implement. Attached please find their responses to your concerns. Although
w,,.d4 your ideas do not appear feasible to implement at this time, I appreciate the
effort you made.to bring them to our attention. Thank you'for your continued
Jeffrey Green interest in city operations.
Ward5
Jacquie Sullivan Sinceralv...-=..,, ....
Ward6
Mark Salvaggio
Ward7
David Couch
Councilmember
JWS:AT:rs
Enclosures
cc.-City Manager Alan Tandy
1501 Truxtun Avenue · Bakersfield, California 93301 · (661) 326-3767 · Fax (661) 323-3780
DEPARTMENT OF RECREATION AND PARKS
DATE: October 19, 2000
TO: Alan Tandy, City Manager
FROM: Stan Ford, Director of Recreation and Parks
SUBJECT: Referral Response- Senior Programs
Staff has met with Lynn Edwards of the Bakersfield Senior Center and made
a preliminary recommendation on the best way to accommodate the
Bakersfield Senior Center's needs for the two programs they wish assistance
with.
At this time, we are unable to provide a financial, plan for potential programs.
In order to accomplish this, we will need representative data from the
approximately 36,600 seniors (i.e. age 55 and older) in the city. It has been
my understanding that both the council and administration intended for the
department to maximize the public benefit of the funds expended on
recreation programs. To that end, we have been providing programs that
would reach the largest number of citizens while at the same time making
these programs as affordable as possible.
If the council intends to provide services for the Bakersfield Senior Center,
the department would recommend that $10,000 of the funds approved to
conduct a city-wide survey of seniors be used to fund the two classes at the
center. This amount should be sufficient to provide these to classes at their
full capacity. Mr. Edwards expects with full participation approximately
twenty-four students could enroll for the computer class and approximately
fifty to sixty members of the center may participate in the exercise program.
At Councilmember Green's request, we contacted the Kern County Council
on Aging to obtain any survey data they may have. Their regular
assessments do not contain the type of data that we would need to plan and
design needed programs.
With the remaining $15,000 from the budgeted survey, we would
recommend still obtaining data, possibly through the use of focus groups.
This type of data could provide some level of representative data as well
reaching certain private and special interest groups such as the members of
the Bakersfield Senior Center. With this data, we could then plan
comprehensive and varied programs that would meet the needs of the
majority of the senior citizens of Bakersfield.
S:',Council Referrals\WF0018662.wpd
City of Bakersfield *REPRINT*
~'~' ~ WORK REQUEST PAGE 1
REQ/JOB: WF0018662 / 001 PROJECT: DATE PRINTED: 10~19~00
REQUEST DATE: 10/11/00
CREW: TIME PRINTED: 11:22:29
SCHEDULE DATES
LOCATION: ~'I'A/~T: 10~11~00
LOCATION ID: ZIP CODE: COMPLETION: 10/19/00
GEN. LOC: FACILITY NODES
FROM:
FACILITY ID: TO:
REF NBR:
REQ DEPT: CITY COUNCIL REFERRAL PRIORITY: HIGH
REQUESTOR: COUNCILMEMBER GREEN ORIGIN: CITY COUNCIL REFERRAL
USER ID: DSULLIVAN WORK TYPE: REFERRAL
DESCRIPTION: FUNDING FOR SENIOR PROGRAMS
REQUEST COMMENTS
~ ***REFERRAL TO STAN FORD, RECREATION & PARKS***
GREEN REQUESTED THAT STAN PROVIDE A COMPLETE
FINANCIAL PLAN FOR POTENTIAL SENIOR PROGRAMS.
Job Order Description: FUNDING FOR SENIOR PROGRAMS
at~gory: RECREATION & PARKS
asK: RESPONSE TO REFERRAL
Assigned Department: RECREATION & PARKS
INSTRUCTIONS
Iu/lg/uu MEMO FROM DIRECTOR TO CITY MANAGER. JHG
START DATE / / COMPLETION DATE / /
BAKERSFIELD
Economic and Community Development Department
MEMORANDUM
October 19, 2000
TO: Honorable Mayor and City Councilmembers
FROM: Alan Christensen, Assistant City Manager ~
SUBJECT: Letter to Guy Chaddock and Company regarding working conditions
At the last City Council meeting, Councilmember Jacquie Sullivan asked that a letter be sent to Guy
Chaddock and Company regarding the group of employees and their families that attended the
meeting complaining of adverse working conditions at the company. ,Attached is a copy of the letter.
Councilmember Sullivan asked that the Mayor and Council review the letter and decided for
themselves if they would also like to add their names to the letter.
P:\Committees\ad hoc city center 9-19 questions.wpd
October 18, 2000
Mr. David T. Edwards, President
Guy Chaddock and Company
2201 East Brundage Lane
Bakersfield, California 93307
Dear Mr. Edwards:
At the October 11, 2000 City Council meeti~ ~1 empl firm and their
supporters addressed the Council abou conditions at your
facility. The group was advised that the the jurisdiction of
the City of Bakersfield.
Nevertheless, we hope that you ~any our commitment to good working
conditions for workers and th mai~ ~ Bakersfield as a good place for
business requires that are assured of decent and
respectful
Jac(
Coun( W~
MEMORANDUM
OCT I 9 2000
October 19, 2000
TO: ALAN TANDY, CITY MANAGER
FROM: ~ STANLEY C. GRADY, PLANNING DIRECTOR
SUBJECT: COUNCIL REFERRAL - COUNCIL MEMBER MARK SALVAGGIO
LIST OF PERMITTED USES ON PACHECO ROAD ~ryoo18659
This is in response to your request. The subject property is zoned M-1 (Light
Manufacturing) with the general plan designation being GC (General Commercial).
Therefore, any conditional use would have to be consistent with the GC land use
designation. Any use permitted by right would need to be consistent with the zoning.
I have attached Section 17.28 which lists the permitted uses in the M-1 (Light
Manufacturing) zone. Note that this M-1 zone allows uses permitted in the C-0, C-1
and C-2 zones.
SCG:pah
Attachment
' 17.28.010
Chapter 17.28 10. Concrete batch plants, portable, not to exceed
two-yard capacity,
M-1 LIGHT MANUFACTURING ZONE 11. Contractor's plants and storage yards,
12. Distributing plants,
Sections: 13. Electric welding and electroplating,
17.28.010 Generally. 14. Frozen food lockers,
17.28.020 Uses permitted. 15. Furniture and automobile upholstering operations
17.28.030 Uses permitted only by not confined wholly to a building,
conditional use permit. 16. Ice and cold storage plants,
17.28.035 Additional requirements. 17. Laboratories, experimental research and testing,
17,28.040 Building height. 18. Laundries, cleaning and dyeing plants,
17.28.050 Front yard. 19. Lumberyards,
17.28.060 Side yards. 20. Machine shops (except punch presses of over
17.28,070 Rear yard. twenty tons rated capacity, drop hammers and automatic
17.28.090 Distance between buildings on screw machines),
the same lot. 21. Paint mixing plants (not employing a boiling
process),
17.28.010 Generally. 22. Public utilities service yards, power plants or
The regulations set out in this chapter shall apply in distributing stations,
the M-1 light manufacturing zone unless otherwise pro- 23. Rubber fabrication or products made from fin-
vided in this title. (Prior code § 17.31.010) ished rubber,
24. Sheet metal shops,
17.28.020 Uses permitted. 25. Stone monument works,
The following uses are permitted in a M-1 zone: 26. Storage spaces for transit and ~xansportation
A. Any use permitted in the C-O, C-1 and C-2 equipment,
zones; provided however, that no building shall be used 27. Tool rental and equipment,
as a dwelling except accessory buildings which are inci- 28. Truck repairing and overhauling shops,
dental to the permitted use of the land, and that no build- 29. Welding, metal fabricating and blacksmith shops,~
ing shall have a dwelling unit except when such use as 30. Wholesale businesses, storage buildings and
a dwelling unit is incidental to the primary use of the warehouses,
building. 31. Manufacturer of:
B. Any use specified below, provided such use does a. Arts and crafts,
not produce, cause or emit any fumes, odor, dust, smoke, b. Billboards and advertising sUuctures, electric
gas, noise or vibration detrimentally impacting neighbor- neon signs,
ing property and the occupants thereof. Where adopted c. Ceramic products,
city or other public agency standards are applicable and d. Clothing or garments,
available to measure such impacts, such standards shall e. Cosmetics, perfumes and toiletries, drugs and
be used to determine whether a use constitutes or will phannaceuticals,
constitute such a detrimental impact, f. Electronic insmunents and devices, radios, televi-
1. Animal hospitals, kennels and veterinaries, sions, phonographs and business machines,
2. Automobile and light U~ck, two-axle vehicles, g. Food products (except the rendering or refining
parking and storage, of fats or oils),
3. Automobile assembling, body and fender works, h. Furniture,
painting, upholstering, dismantling and used parts storage, i. Musical instruments and toys,
when operated or maintained wholly within a building, j. Prefabricated buildings,
4. Bakeries, k. Shoes,
5. Boat buildings, 1. Soap (cold mix only),
6. Bottling plant, m. Textiles,
7. Building materials storage yards, Manufacture, compounding, assembling or treatment
8. Cabinet or carpenter shop, of articles or merchandise from the following previously
9. Carpet, awning, blinds, mattress or upholstery prepared materials: bone, cellophane, canvas, cloth, cork,
shops, including cleaning and repair, feathers, felt, fibre, fur, glass, hair, horn, leather, paper,
710
17.28.020
plastics, precious or semiprecious metals or stones, shell, development shall be required to be separated by a solid
textiles, tobacco, wood, yards and paint, not employing masonry wall constructed a minimum height of six feet.
a boiling process, Any wall locaWxl within or along the front yard area shall
32. Adult entertainment establishments as defined in not exceed a height of four feet. Along street frontages,
Section 17.69.020 and subject to the regulations of Chap- landscaping shall be required in combination with a solid
ter 17.69; wall, to screen the development from the residential uses.
C. The accessory buildings or structures necessary F. Open storage of material and equipment per-
to such use located on the same lot or parcel of land. mitted in this zone shall be surrounded and screened by
(Ord. 3059 § 1, 1986; Ord. 2926 § 2, 1984; Ord.. 2707 § a solid wall or fence, including solid gates where neces-
1, 1982; prior code § 17.31.020) sary, not less than six feet in height. Materials shall not
be stacked above the height of the screening.
17.28.030 Uses permitted only by conditional G. For developments under this section using outside
use permit, storage, the areas devoted to outside storage shall be
While any use may be permitted by conditional use treated with a permanent dust binder or other permanent
permit pursuant to subsection B of Section 17.64.020, the dust control measures consistent with air pollution control
following uses are not permitted in the M-1 zone except regulations, as approved by the planning director.
by conditional use permit issued in accordance with the H. Roof-top areas of structures adjacent to properties
procedures provided in Chapter 17.64 of this title: zoned or designated for residential development shall be
A. Agricultural packing plants; completely screened from view by parapets or other
B. Aircraft and automobile factories; finished architectural features constructed to a height of
C. Automobile parts manufacturer; the highest equipment and unfinished structural element
D. Battery manufacturer; or architectural feature of the building. This requirement
E. Breweries and distilleries; shall apply to all new construction and remodeling of
F. Clinics, hospitals, sanitariums or other buildings existing structures which involve a change of fifty percent
for contagious, mental, drug or liquor addiction cases; or more of the roof structure or an addition of fifty per-
G. Equestrian establishments, stables, riding acade- cent or more to the floor area of the structure. (Ord. 3835
mies, schools or amusements; § 16, 1998: Ord. 2707 § 3, 1982)
H. Freighting or tracking yards or terminals;
I. Livestock slaughtering and processing; 17.28.040 Building height.
I. Machine shops, including punch presses and Building height in an M-1 zone shall be six stories and
automatic screw machines; not exceed seventy-five feet. (Prior code § 17.31.030)
K. Planing mills;
L. Residential dwellings; 17.28,050 Front yard.
M. Tire rebuilding, recapping and retreading plants; Front yard requirements in an M-1 zone shall be as
N. Food and/or shelter service agencies as defined follows:
in Section 17.04.285. (Ord. 3746 § 10, 1997: Ord. 3174 A. All buildings shall be located not nearer than
§ 5, 1988; Ord. 2707 § 2, 1982: prior code § 17.31.026) forty feet from the centerline of a street.
B. All buildings used exclusively for dwelling pur-
l7.28.035 Additional requirements, poses shall comply with the provisions of the R-4 zone.
The following requirements shall apply to all develop- (Prior cede § 17.31.040)
ment permitted by this chapter:
A. All permitted and conditional uses pursuant to 17.28.060 Side yards.
this chapter shall be subject to site plan review as provid- Side yard requirements in an M-1 zone shall be as
ed in Chapter 17.08. follows: none, except all buildings used exclusively for
B. Landscaping shall be subject to the requirements dwelling purposes shall comply with the provisions of the
of Chapter 17.61. R--4 zone. (Prior code § 17.31.050)
C. Off-street parking and loading shall be subject to
the requirements of Chapter 17.58. 17.28.070 Rear yard.
D. Signs shall be subject to the requirements of Rear yard requirements in an M-1 zone shall be as
Chapter 17.60. follows: none, except all buildings used exclusively for
E. Industrial and commercial development proposed dwelling purposes shall comply with the provisions of the
adjacent to property zoned or designated for residential R-4 zone. (Prior code § 17.31.070)
711
17.28.090
17.28.090 Distance between buildings on the'
same lot.
Distance requirements between buildings on the same
lot in an M-1 zone shall be as follow: none, except all
buildings used exclusively for dwelling purposes shall
comply with thc provisions of the R-4 zone. (Prior code
§ 18.31.080)
712
CITY OF BAKERSFIELD
" ..... "'"" ZONING MAP 123-1:5
R-I R-$,o} R-I j R-2~.) R-2 R-S i R-2 LEGEND
I~'~ X X- %' ~ / ~-, ~ ~ ' *"'-~'"~
~'" ~~ "~, 1---- ~q /MI ~1 I~1 ,,c.~,,, I
~ ~ ~ R'4 MULT*~L[ F~'LY OWELL~NG ZON~
~ WHfTE LANE /' ~ I AGR,CULTUR[ ZO~t
~ C'2 ............ C-2 c~ c.u~C. ZON[
17.64.042
decision or determination of the board of zoning adjust- C. When proceedings are initiated for the amend-
ment. Such fees shall be in amounts necessary and ap- ment of any provision of Title 17, other than amendments
propriate to reimburse the city for all costs related to the changing property from one zone to another, or changing
processing of and acting upon each such application or the boundary of any zone, a public hearing shall be held.
appeal. No application or appeal shall be deemed corn- Notice of such hearing shall be given once by publication
plete until the prescribed fee has been received by the · in a newspaper of general circulation in the city, which
city. (Ord. 3746 § 17 (part), 1997) notice shall state the time, date and place of such heating
and a general description, of the nature of the proposed
17.64.050 Hearings--Notices. text amendment. (Ord. 3746 § 17 (part), 1997)
A. Upon the receipt in proper form of a complete
application for a modification, conditional use permit, or 17.64.060 Modifications and conditional use ~
zone change, along with the fee adopted pursuant to permits---Hearing---Decision and
Section 3.70.040, the planning director shall fix a time f'mdings.
and place of public hearing thereon in the following A. Following the public hearing, the board of zoning
manner: adjusmaent, planning commission or city council may
B. Not less than ten days before the date of such grant, grant in modified form, conditionally grant or deny
public hearing, notice of the date, time and place of the requested waiver or modification. Such decision shall
hearing, along with the location of the property and the be reflected in a formal resolution containing the findings
nature of the request shall be given in the following and the facts upon which the findings are based.
manner: B. Findings Required for Modification. A modifica~
1. Notice of the heating shall be mailed or delivered tion shall be granted only when it is found that:
at least ten days prior to the heating to the owner of the 1. The granting of such modification would not be
subject real property of the owner's duly authorized materially detrimental to the public welfare, nor injurious
agent, and to the project applicant, to the property or improvements in the zone or vicinity
2. Notice of the hearing shall be mailed or delivered in which the property is located; and
at least ten days prior to the heating to each local agency 2. The granting of the modification is necessary to
(if not the city) expected to provide water, sewage, permit an appropriate improvement or improvements on
streets, roads, schools or other essential facilities or a lot or lots, including but not limited to, modification of
services to the project, whose ability to provide those such regulations for some or all lots within a subdivision
facilities and services may be significantly affected, to facilitate zero-lot-line or other atypical subdivision
3. Notice of the hearing shall be mailed or delivered development; and
at least ten days prior to the heating to all owners of real 3. The granting of the modification would not be
property as shown on the latest equalized assessment roll inconsistent with the' purposes and intent of Title 17 of
within three hundred feet of real property that is the ,.' this code.
subject to the hearing. If the number of owners to whom ~ C. Findings Required for Conditional Use Permit.
notice would be mailed or delivered pursuant to this /IX'aA conditional use permit shall be granted only when it
paragraph or subsection B. 1 is greater than one thousand, is found that:
in lieu of mailed or delivered notice, notice may 'be 1. The proposed use is deemed essential or desirable
provided by placing a display advertisement of at least to the public convenience or welfare; and
one-eighth page in at least one newspaper of general 2. The proposed use is in harmony with the various
circulation within the city at least ten days prior to the elements and objectives of the general plan and applica-
hearing. Notice of heating upon each. application for a ble specific plans.
conditional use permit to allow drilling for and produc- D. Conditions. The issuance of any modification or
tion of petroleum pursuant to Chapter 15.66 shall be conditional use permit pursuant to this title may be grant-
mailed to such owners of all property within one thou- ed subject to such conditions as may be deemed appropri-
sand feet of the property line containing the well site. ate or necessary to assure compliance with the intent and
4. Notice shall be published in at least one newspa- purpose of the zoning regulations and the various ele-
per of general'circulation within the city at least ten days ments and objectives of the general plan and applicable
prior to the hearing, specific plans and policies of the city or to protect the
5. Notice shall be mailed to every person filing with public health, safety, convenience, or welfare. Dedications
the planning director a written request for notice, of real property may be required and improvements of
public streets shall be in accordance with standard speci-
819
BAKERSFIELD
PUBLIC WORKS DEPARTMENT
MEMORANDUM
TO: ALAN TANDY, City Manager
FROM: RAUL ROJAS, Public Works Director ~
DATE: October 19, 2000
SUBJECT: Traffic Signal at Monitor Street and Fairview Road
Council Referral WF0018661 ! 001, Salvaggio
ICouncilmember Mark Salvaggio urged staff to expedite the traffic signal approved in the I
current budget at Monitor Street and Fairview Road, and requested a status update.
I
This project replaced in the current budget the traffic signal originally proposed for the
intersection of Wilson Road and South K Street. Federal funds (CMAQ) are budgeted for this
project, and staff has petitioned the Kern Council of Governments (KernCOG) to replace the
South K/Wilson traffic signal that is currently listed in the Federal Transportation Improvement
Program (FTIP) with the Monitor/Fairview signal. This item is currently scheduled to be heard at
the KernCOG Executive Board meeting of November 16, 2000 as part of Amendment No. 1 to
the 2000 FTIP. After approval by KernCOG, Caltrans and the Federal Highway Administration
take about 6 weeks to approve the amended FTIP. As soon as the amended FTIP is approved,
staff will submit the necessary paperwork to Caltrans so that the engineering can began and the
poles and signal equipment can be ordered.
cc: Jacques R. LaRochelle, Engineering Services Manager
Steve Walker, Traffic Engineer !/ !l "
,dw:S:\TED~2000memo\101900at.wpd 0CT
~.~ .~ City of Bakersfield *REPRINT*
WORK REQUEST PAGE 1
REQ/JOB: WF0018661 / 001 PROJECT: DATE PRINTED: 10~13~00
REQUEST DATE: 10/11/00
CREW: TIME PRINTED: 11:45:38
SCHEDULE DATES
LOCATION: ~'i'A~'i': i0~ll~00
LOCATION ID: ZIP CODE: COMPLETION: 10/19/00
GEN. LOC: FACILITY NODES
FROM:
FACILITY ID: TO:
REF NBR:
REQ DEPT: CITY COUNCIL REFERRAL PRIORITY: HIGH
REQUESTOR: COUNCILMEMBER SALVAGGIO ORIGIN: CITY COUNCIL REFERRAL
USER ID: DSULLIVAN WORK TYPE: REFERRAL
DESCRIPTION: TRAFFIC SIGNAL AT MONITOR & FAIRVIEW
REQUEST COMMENTS
***REFERRAL TO PUBLIC WORKS***
SALVAGGIO URGED STAFF TO EXPEDITE THE TRAFFIC
SIGNAL APPROVED IN THE CURRENT BUDGET AT MONITOR
AND FAIRVIEW ROAD AND REQUESTED A STATUS UPDATE.
Job Order Description: TRAFFIC SIGNAL AT MONITOR & FAIRVIEW Cat~gory: PUBLIC WORKS
Task: RESPONSE TO REFERRAL
Assigned Department: PUBLIC WORKS
START DATE / / COMPLETION DATE / /
BAKERSFIELD
PUBLIC WORKS DEPARTMENT
MEMORANDUM
TO: ALAN TANDY, City Manager
FROM: RAUL ROJAS, Public Works Director
DATE: October 19, 2000
SUBJECT: Fairfax / State Route 178 Interchange
Council Referral WF0018660/001, Salvaggio
Councilmember Mark Salvaggio requested that staff prepare a letter for the City Manager's
signature regarding the letter sent to Bart Bond regarding the Fairfax/SR 178 interchange;
also requested staff provide clarification of the status of the sound wall at White Lane and SR
99 and referred this issue back to staff.
A letter is being prepared for the SR 178/Fairfax interchange as requested.
The soundwall project is being continued as a project separate from the currently planned
interchange expansion. This is due primarily to issues with how the soundwall's construction
may be funded. However, as the interchange expansion will realign both horizontally and
vertically the northbound off ramp at the interchange, and as the completed sound analysis
shows the soundwall needs to be located directly adjacent to this off ramp, the soundwall needs
to be constructed concurrently with the realigned off ramp as part of the interchange expansion.
Therefore, staff currently anticipates the wall will be designed as a separate project, but bid and
constructed as part of the interchange expansion itself. Work on the environmental document
and project report document for the interchange expansion project is just beginning (a meeting
was held with Caltrans in Fresno just last week to confirm the scope of the environmental
document, and an agreement will be on the City Council agenda next month for the
environmental consultant selected for the project). Staff anticipates approval of both the
environmental document and the project report sometime next summer, and is planning on
recommending budgeting in the coming fiscal year (2001-2002) for the consultant preparation of
construction plans and specifications. Construction of both the interchange expansion and
sound wall could then occur in fiscal year 2002-2003.
cc: Jacques R. LaRochelle, Engineering Services Manager ~i' 00T ,~0 ~000 'i
tdw:S:\TED~000memo\101900at3.wpd C~'~~ ,~-~,,~-~.2~,~.~~fl 'P-" ~ ~ '¢'~"~ ~"~'~ ~ ''~'.
~_~i~ City of Bakersfield *REPRINT*
WORK REQUEST PAGE 1
REQ/JOB: ~ WF0018660 / 001 PROJECT: DATE PRINTED: 10~13~00
REQUEST DATE: 10/11/00
CREW: TIME PRINTED: 11:45:39
SCHEDULE DATES
LOCATION: S'£'~T: 10~11~00
LOCATION ID: ZIP CODE: COMPLETION: 10/19/00
GEN. LOC: FACILITY NODES
FROM:
FACILITY ID: TO:
REF NBR:
REQ DEPT: CITY COUNCIL REFERRAL PRIORITY: HIGH
REQUESTOR:' COUNCILMEMBER SALVAGGIO ORIGIN: CITY COUNCIL REFERRAL
USE~ ID: DSULLIVAN WORK TYPE: REFERRAL
DESCRIPTION: FAIRFAX/178 INTERCHANGE
REQUEST COMMENTS
***REFERRAL TO PUBLIC WORKS***
SALVAGGIO REQUESTED TN_AT STAFF PREPARE A LETTER
FOR THE CITY MANAGER'S SIGNATURE REGARDING THE
LETTER SENT TO BART BOND REGARDING THE FAIRFAX/178
INTERCHANGE; ALSO REQUESTED STAFF PROVIDE
CLARIFICATION OF THE STATUS OF THE SOUND WALL AT
WHITE LANE AND HIGHWAY 99 AND REFERRED THIS ISSUE
BACK TO STAFF.
Job Order Description: FAIRFAX/178 INTERCHANGE Cat~gory: PUBLIC WORKS
Task: RESPONSE TO REFERRAL
Assigned Department: PUBLIC WORKS
START DATE __/.__/__ COMPLETION DATE __/__/__
BAKERSFIELD
MEMORANDUM
October 20, 2000
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: ALAN CHRISTENSEN, ASSISTANT CITY MANAGER./~
THROUGH: ALAN TANDY, CITY MANAGER
SUBJECT: AGENDA HIGHLIGHTS - OCTOBER 25, 2000, COUNCIL MEETING
PRE-MEETING
There are three workshops: 1) a report by Public Works Director Raul Rojas regarding the status of the
Route 58 Specific Plan Line; 2) a report by Stan Ford, Director of Recreation and Parks on a conceptual
plan for Rio Vista Park; and 3) a presentation by Stan Ford, Director of Recreation and Parks regarding
the mobile recreation trailer and mobile stage.
There is one closed session item, a conference with Labor Negotiator William Avery regarding Police and
Fire negotiations.
CONSENT CALENDAR
Consent Calencr)ar items are explained by Administrative Reports. Those that should be highlighted
include:
Resolutions:
Item 8c. Resolution Supporting the original intent of Senate Bill 332 concerning beverage container
redemption values. Senate Bill 332 expanded California's beverage container redemption program to
include all beverage containers, in addition to soda and beer containers, with the intent of increasing their
recycling rate. Intense lobbying resulted in administrative pressure for the Department of Conservation
(DOC) to change the interpretation of the law and exclude certain types of containers. In response, several
cities and counties are urging the Governor to include all beverage containers in the redemption program,
with the exception of those specifically exempted by law.
Item 8d. Sharing Cost of State Hi.qhwa¥ Electrical facilities. Agreement No. 90-276 sets forth the terms
and conditions of the cost of maintaining electrical facilities such as street lights and traffic signals on the
State highway/City street intersections. This agreement listed the sites of all shared facilities existing at
the time the agreement was executed. Although all sites are maintained by the State, the cost of
maintenance is shared by the City and State. The City's annual share is $140,000. A new agreement is
recommended to incorporate the additions, deletions, or changes to the original list.
Item 8e. Sale of Surplus Property. On November 10, 1994, the City Council adopted Annexation No. 378,
commonly referred to as Union 10, which included Hayes Street. Subsequently, Alta Engineering, on
HONORABLE MAYOR AND CITY COUNCIL
October 20, 2000
Page -2-
behalf of St. John's Missionary Baptist Church, requested the vacation of Hayes Street between East
Brundage Lane and SR 58 to include a portion of the right-of-way into their church expansion. During the
vacation process, it was discovered that a portion of Hayes Street is owned in fee by the City. Therefore,
St. John's Church has requested to purchase this property to incorporate into their development. On
September 21, 2000, the Planning Commission found the proposed sale to be consistent with the General
Plan. This first item is a resolution declaring the property surplus by the City. The second item is a sales
agreement between the City and the Church, which agrees to pay $5,099 for 6,441 square feet of right-of-
way.
Item 8f. Position Reclassifications1 New/Revised Job Specifications and Changes to Salary Schedule.
Amendment No. 5 to Resolution No, 108-99 proposes: 1) revised job specification for Risk Manager; 2)
reclassifications of Sr. Real Property Agent to Real Property Manager, and Tree Maintainer III to
Supervisor I; and 3) salary revision for Assistant City Clerk.
Item 89. Amendment No. 1 to Resolution No. 71-99 apDrovincl M~morandum of Understanding for
Firefighters and Engineers of the Fire Department of the City of Bakersfield. The Fire Chief has requested
deletion of the classification of Firefighter Trainee - Suppression, and the salary for Firefighter Trainee -
Days be adjusted to reflect the actual duties. Neither of these changes will have an impact on the budget.
The Bakersfield Firefighters Labor Organization, IAFF, Local 246, is in agreement with the changes.
Item 8h. Amendment No. 1 to Resolution No. 101-98 establishing Underground Utility District No. 2,
Division 26 (Q Street Underground Utility Project). On July 15, 1998, Resolution 101-98 established
Underground District No. 2, Division 26. At that time, property owners within the district were responsible
for conversion of their electric service panel. Recent changes in Public Utility Commission regulations now
allow Rule 20.A funds to be used for electric service panel conversions. The maximum amount allowed
for each service conversion is $1,500, excluding permit fees. Service conversions would be done by a City
hired contractor. The City would then be reimbursed with Rule 20.A funds by PG&E.
Agreements:
Item 8i. Agreement with the City of Alamo.qordo for purchase of surplus Zetron Fire Alertinq System
equipment. The City recently upgraded its fire alerting system. As a result, the Zetron Fire Alerting
System Equipment is no longer needed. The Municipal Code allows the Finance Director to negotiate the
sale of surplus property to other governmental entities without the necessity of bid, although the City
Council must approve the sale. The Finance Director has negotiated the price of $125 for sale of the
surplus property to the City of Alamogordo, New Mexico. The sale of this item through the City's auction
procedures should not generate a significantly higher sales price.
Item 8k. 2001 Health Care Contracts. The City's contracts for health insurance are up for renewal for
2001. Buck Consultants, health care consultants, worked with the various vendors in arriving at the
renewal rates. Overall, medical premiums are increasing 10.8%, dental premiums are increasing 3.5%,
mental health premiums are increasing by 21.8%, while the vision premiums are not changing.
Item 81. Extension of Enterprise Zone Designation. This item is an example of intergovernmental
cooperation between the City and the County. The first action, approving an application for extending the
HONORABLE MAYOR AND CITY COUNCIL
October 20, 2000
Page -3-
Bakersfield Enterprise Zone between the City and the County, will be paid for by the City. The total cost
for a consultant to prepare the application is $65,000. In planning for this extension, it was agreed that
both parties would share in the cost. So the City is picking up the County's $32,500 share. In return, .the
County agrees to pay the entire additional cost of the South Union Avenue project of $200,000. In May
2000, the CitY and County entered into an agreement to jointly finance improvements along the portion of
South Union Avenue between Freeway 58 and Ming Avenue. Both the City and the County agreed to pay
$60,000 of CDBG funds; the balance of $873,000 coming from TEA funds. However, the two bids received
were $200,000 over the County's estimates. To expedite the project, the County has agreed to pay the
entire additional median project cost in return for the City paying the County's share of the Enterprise Zone
extension.
The second action is an agreement with Chabin Concepts, Inc., to prepare the Enterprise Zone application.
Staff's evaluation is that Chabin is the most qualified firm for the job, and they come with an excellent track
record of success in other communities. The agreement is for amount not to exceed $65,000.
Item 8m. Amendment No. 1 to Construction Management Consultant Agreement No. 98-71 with Carollo
Engineers for additional construction manaqement services on the Buena Vista Road Phase II Sewer
Trunk Line proiect, in the amount $19,500. The contract for construction management services for the
Buena Vista Road Phase II Sewer Trunk Line Project with Carollo Engineers was originally awarded March
25, 1998. Construction was delayed two years due to a lack of funding. The City has since expanded the
scope of construction to include some street widening and median curb construction on Buena Vista Road.
The City agreed that due to inflation, an increase in the hourly rates for Carollo is justified. This
amendment will add $19,500 to the original fee of $280,000, for a total of $299,500.
Bids:
Item 8n. Award contract to Spectraturf Inc. for rubberized surfacing at various City parks. The Recreation
and Parks staff was successful in securing a $25,000 grant through the California Integrated Waste
Management Board (CIWMB) and combining with matching funds provided by a Community Development
Block Grant to provide ADA accessibility to City's playgrounds. Primary locations are MLK, Jastro,
Centennial and Grissom Parks. Additional parks will be considered for inclusion within this project should
funds be available. Invitations to bid were sent to six vendors, and one was received. Staff is
recommending award to Spectraturf, Inc. in an amount not to exceed $50,000.
Item 80. Bid award for one additional Turf Tractor (Parks Department.) Staff received two acceptable bids
and is recommending award to Berchtold Equipment Company in the amount of $22,405.59.
Item 8p. Bid award for one replacement Skid Steer Loader (Streets Division/Public Works Department.)
Staff received two acceptable bids and is recommending award to Berchtold Equipment Company in the
amount of $23,999.16.
Item 8q. Bid award for one replacement Four Wheel Drive Utility Vehicle (Water Department.) Staff
received two acceptable bids and is recommending award to Jim Burke Ford in the amount of $28,094.62.
HONORABLE MAYOR AND CITY COUNCIL
October 20, 2000
Page -4-
'Miscellaneous:
Item 8r. Replace Beale Park Tennis Court Resurfacing Project in the Capital Improvement Budget with a
similar project at Wayside Park. The current CIP budget includes funds for resurfacing Wilson and Beale
Parks tennis courts. During a pre-construction inspection, structural problems were identified with the
Beale Park courts that will require repair, or possible replacement, prior to any resurfacing project. The
courts at Wayside Park are also in need of resurfacing, and are structurally sound and suitable for the
proposed project. The Beale Park tennis courts resurfacing project will be added to the CIP budget in FY
2001-02.
HEARINGS
Item 9a. Appeal by Harold Robertson, PortedRobertson Engineering and Surveying, regarding a Condition
of approved Vesting Tract 6008. On September 7, 2000, the Planning Commission conducted a public
hearing and approved Vesting Tentative Tract 6008, subject to Condition 6, which requires canal fencing.
This Tract is located approximately 1/4 mile east of Buena Vista Road and 1/4 mile south of Campus Park
Drive. The canal right-of-way passes through the westerly 45 foot wide Mountain Vista Drive right-of-way
adjacent to the Tract, but does not directly abut any of the proposed subdivision lots. Mr. Robertson
provides as his appeal that the portion of the canal in question is currently under plans to be relocated, and
fencing of this portion of the canal will add considerable time and expense to dismantle the proposed
fencing. The applicant also states that portion of the-canal located south of the proposed project is
separated by existing railroad tracks and is located within an agricultural area. Staff's reasoning is that the
fence requi.rement is to protect the health and safety of nearby residents, and it is consistent with past City
Council decisions. Staff recommends the appeal be denied and the decision of the Planning Commission
be upheld.
Item 9b. Resolution approving, and Agreement to Indemnify LAFCO for, City Annexation No. 413 located
south of Rosedale Highway, east of Coffee Road. LAFCO approved the annexation by adopting
Resolution No. 00-19 on September 26, 2000, with a condition the City indemnify LAFCO. There were no
protests at the hearing. The annexation area consists of approximately 2.5 acres of uninhabited land,
located south of Rosedale Highway, generally east of Coffee Road. The owner has consented to
annexation to receive City services. This resolution finds that no written protest has been filed and orders
the territory designated as Annexation No. 413 annexed to the City of Bakersfield.
Item 9c. Public Hearing on acceptance of $181,995 California Law Enforcement Equipment Program
(CLEEP) funds for the Records Management Upgrade/Replacement proiect and for a Mobile Data
Computer project. On September 13, 2000, the City received $181,995 from the State of California for the
purpose of providing one-time funds to the Bakersfield Police Department for purchase of technology
equipment. The Police Department desires to use these funds to upgrade/replace the Records
Management System. In the current budget, Council approved $500,000 for this purpose. However, until
systems have been evaluated and bids received, the actual total cost is unknown. It is requested the
CLEEP funds be used to supplement these funds, if needed, and any remaining funds be expended for
mobile data computers. The hearing is required prior to receiving the grant funds.
HONORABLE MAYOR AND CITY COUNCIL
October 20, 2000
Page -5-
DEFERRED BUSINESS
Item 11a. Ordinance amending Municipal Code and Zoning Map by changing the zoning from a
Commercial zone to a Planned Commercial Development zone, consisting of a 440,306 square foot
commercial shopping center on 52 acres, located on the northwest corner of Rosedale Highway and Main
Plaza Drive. The Planning Commission is recommending a zone change for the proposed "Northwest
Promenade Phase 2 Shopping Center" located at the northwest corner of Rosedale Highway and Main
Plaza Drive. The zone change is from a C-2 zone to a PCD zone on 52 acres. Northwest Promenade
Phase 2 consists of eight major-retail stores, four "in-line" retail shop buildings and six freestanding pads
totaling 440,306 square feet of gross building area. The applicant is the same developer as the existing
Northwest Promenade on the east side of Main Plaza Drive. The applicant intends to construct all the
parking, landscaping and off-site improvements for opening day. Construction of the building and
freestanding pads would be phased. Based upon an initial environmental assessment, staff has
determined the proposed project will not significantly affect the physical environment or existing residential
development in the area; therefore, a Negative Declaration was prepared and advertised. Staff is not
aware of any opposition to the proposed zone change. This is the second reading of the ordinance.
Item 1 lb. Purchase Agreement with Perry L. Herrqesell, Trustee of the Perry L. Herrgesell Trust and J.D.
Herrgesell, Trustee of the J.D. & Mary Herr.qesell Family Trust to purchase real property for the Kern River
Freeway. The Herrgesells, who own 19 acres, approached the City because their property is impacted
by the Kern River Freeway alignment. Staff recommends purchase of the property since they are a willing
seller and favorable market conditions exist. The City has previously purchased properties under similar
circumstances. The purchase price of $60,000 is based on an appraisal prepared by a local independent
fee appraiser. On May 1,2000, the Planning Commission found the acquisition of this property consistent
with the 2010 General Plan. At the regular Council meeting of October 11,2000, this item failed for lack
of motion; however, Councilmember Green requested this item be brought back for consideration and
discussion.
NEW BUSINESS
Item 12a. Ordinance amending the Municipal Code relating to parking on unpaved surfaces. On January
26, 2000, the City adopted an ordinance to regulate the parking of vehicles on dirt lots and rights-of-way.
However, in responding to complaints about commercial vehicles parking in dirt lots, staff has become
aware of a couple of corrections that need to be made. First, some zones do not have legally defined
yards (e.g. commercial) and the ordinance on parking applied to yards. Second, there was the problem
of assuming that a posted sign prohibiting parking would be adequate notice. This ordinance will clarify
both aspects.
AT.AC:al
cc: Department Heads
City Clerk's Office
News Media File
SUMMARY OF PROCEEDINGS
BOARD OF 8UPERVISOP~ - COUNTY OF KERN
1115 Truxtun Avenue ~-~?~,~-'~
Bakersfield, California
Re~lar Meeting
~esday, October 17, 2000
9:00
A.M.
BO~ ~CO~
Supe~isors: Mc~is=on, Perez, Patrick, Peterson, Parra
ROLL ~L: All Present
S~E ~ F~ - Led by SuDe~isor Perez
NOTE: Supe~isor Peterson in2roduced student mentor
Acosta, Student Body Presider from Frazier Mo~tain High
School, and Gove~ent teacher Jo~ Do~e
NOTE: Mc, Pz, Pa, Pe, Pr are abbreviations for
Supe~isors McQuiston, Perez, Patrick, Peterson, ~d
Parra, respectively. For exile, Pa-Pe denotes
SuPe~isor Patrick ~de =he motion ~d Supe~isor
Peterson seconded it. The ~breviation (~) means
absent, and (~d) ~stained.
CONS~ AG~A/OPPOB~I~ FOR p~LIC TO~L ~L IT.S
LISTED WITH ~ ASTERISK (*) OR A ~ER SI~ (%)
CONSIDE~ TO BE ROUTI~ ~ APPRO~D BY O~ MOTION.
BO~ ACTION SH0~ IN CAPS
Mc-Pa '1) Appointment of Doug Ca~n (replacing Jo~ Neil Fisher)
All Ayes to the Cites Pest Control District, te~ to e~ire
J~ua~ 26, 2001 - ~E APPOI~
Mc-Pa '2 ) Appoin~ent of Bec~ Hintz as Fourth District
All Ayes Discretiona~ m~er of the Local Child Care ~d
Development Plying Co~cil (Ke~ Cowry Child Care
Co~cil), te~ to e~ire J~e 30, 2003 - ~E ~P0~
Mc-Pa *3) Appoin~ent of Linda Alice McMilli~ to the Historical
Ail Ayes Records Co~ssion', te~ to ~ire at ~e pleasure of the
Board - ~E ~POI~
P~LIC P~S~ATIONE
4) This portion of the meeting is rese~ed for persons
ad,ess the Board on ~y ~tter not on this a~en~ but
~der the jurisdiction of the Board. Board m~ers ~y
respond briefly to stat~ents ~de or ~estions posed.
They ~y ask a ~estion for clarification, ~ke a
referral to staff for factual info~tion or re~est
staff to report back to the Board at a later meeting.
Also, the Board ~y take action to direct the staff
place a ~tter of business on a future agenda. SP~RS
~ LIMIT~ ~ ~0 MI~ES. PL~SE STATE YO~ N~
BEFO~ ~ING YO~ P~S~ATION. ~ YOU~ - NO
c
Summary of Proceedings Page 2
Board of Supervisors Regular Meeting 10/17/2000
BOARD MEMBER ANNOUNCEMENTS OR REPORTS
5) On their own initiative, 'Board members may make an
announcement or a report on. their own activities. They
may ask a question for clarification, make a referral to
staff or take action to have staff place a matter of
business on a future agenda (Gov. Code Sec. 54954.2(a)) -
NO ONE HEARD
DEPARTMENTAL REOU~STS
AUDITOR-CONTROLLER-COUNTY CLEPJ(
Mc-Pa. *6) Certificate of Appointments for district electkve offices
All Ayes for the General Election robe held November 7, 2000 for
various special districts - MADE APPOINTMENTS.
'BO
Mc-Pa '7) Am~hd~d confiici.; 6f -i~te~&S~t c0de~:-fOr 'the? ~e~.
All Ayes Department of Human Services~ West Side' Recreat'ibn-'and
Park District; and Bear Valley Community , Services
District - APPROVED
6o coUNs u_"
Mc-Pa *8) Proposed deletion of one (1) Senior Secretary-
.All Ayes Confidential position and :addition of one (1) Legal
Assistant I/II-Confidential position, effective October
21, 2000; deletion of one (1) Senior Legal Stenographer-
Confidential position and addition of one (1) Account
Clerk III-Confidential position, effective October 28,
2000,-Budget[.,Uni.t 1210 -APPROVED; REFERRF~ TO PERS0~EL
TO AMEND DBPARTMENTAL POSITIONS AND SALARY SCHEDULE
KERN MEDICAL CENTER
Mc-Pa *9) Relief of accountability of patients accounts -
All Ayes DISCHARGED KERN MEDICAL CENTER FROM ACCOUNTABILITY OF
2649 ACCOUNTS 'TOTALING $1,458,214.17 AND AUTHORIZED
ASSIGNING 2628 ACCOUNTS. TOTALING $1,'395.252.18 TO
COLLECTION AGENCIES .
Mc-Pa '10) Proposed leave of absence for Sarojini Rajguru, MD, 'from
All AYes October 25, 2000 to March 1, 2001 - APPROVED ......
Pa-Pr 11) RetroactiVe.approval. or'UnusUal T~ayeI ~equ'~?of Donald
All Ayes V.~'.Jagger,:. MlD.,.to attend Orthopaedic-Trauma Association
Trauma,Management and ContrOversies. Meeting in'Ca!garyv
Alberta, lCanada~ ;from July '13-' to July'-17'; 2000i 'in-'an.
amount ~not-' to "exceed $1,250 - APPROVED;--- AUTHORIZED.'
AUDITOR-coNTROLLER TO PAY ' ' ~ ....
Pa-Pr' 12) Proposed Agreement for Professional Services with David
All Ayes Jadwin. D.O. for Chair of Department of Pathology-, from
October 27, 2000 through November 30, 2006, in an e mount
not to exceed $277,788.74 per the 15 month term -
CONTINUED TO TUESDAY. OCTOBER 24. 2000 AT 9:00 A.M.
~ENTAL MEALTM SERVICES
Mc-Pa '13) ProPosed approval of compliance documentation for the
Ail Ayes State Department of Mental Health for augmentation of the
" Children's System of Care, Fiscal Year 2000-2001, in an
amount not to exceed $25,000 '(funding to the County) -
~ APPROVED; AUTHORIZED DIRECTOR OF MENTAL HEALTH TO SUBMIT
COMPLIANCE DOCUMENTATION
Summary.of Proceedings Page 3
Board of Supervisors Regular Meeting 10/17/2000
PUBLIC HEALTH SERVICES
Mc-Pa '14) Proposed Amendment No. 1 to Agreement No. 660-2000 with
All Ayes Clinica Sierra Vista, Inc., Kern Lifeline for Social Case
Management Services, from July l, 2000 through June 30,
2001, in an amount not to exceed $102,290 - APPROVED;
AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 1000-2000
Mc-Pa '15) Proposed Amendment No. I to Agreement No. 699-2000 with
All Ayes Bakersfield AIDS Foundation for Social Case Management
Services, from July 1, 2000 through June 30, 2001, in an
amount not to exceed $20,673 - APPROVED; AUTHORIZED
CHAIRMAN TO SIGN AGREEMENT 1001-2000
Mc-Pa '16) Proposed Amendment No. 1 to Agreement No. 648-2000'with
All Ayes Bonita F. Coyle for Social Case Management Services, from
July 1, 2000 through June 30, 2001, in an amount not to
exceed .$7,000 - APPROVED; AUTHORIZED CHAIRMAN TO. SIGN
AGREEMENT 1002-20.00
RETIREMENT ASSOCIATION -' ' ..............
Mc-Pa '17) Request to hire existing Department of Human Services
All Ayes employee, Steven I. Bayliffe, Accountant I, on an extra-
help basis, at Range 45.6, Step E, not to exceed 10 hours
per week, for a period not to exceed 270 days - APPROVED
Mc-Pa '18) Appropriation of unanticipated revenue in the amount of
All Ayes $45,066 from Sheriff's Trust Account 22143 to fund
Citizen Service.Unit activities - APPROVED.APPROPRIATION
OF UNANTICIPATED REVENUE IN THE AMOUNT OF $45,066 TO
APPROPRIATIONS FOR CONTINGENCIES; APPROVED BUDGET
TRANSFER IN THEAMOUNTOF $45,066 FROMAPPROPRIATIONS FOR
CONTINGENCIES TO SHERIFF'S BUDGET UNIT 2210
Mc-Pa '19) Request to accept an in-kind donation of $6,000 from
All Ayes Marjorie and Robert Vargus in the'form of a 1989 Dodge
Raider to the Kern County Sheriff's Search and Rescue
Unit - APPROVED; AUTHORIZED CHAIRFJuN TO ~IGN LETTER OF
APPRECIATION
Mc-Pa *20) Application to "hold 'a Parade, North Bakersfield
All Ayes Recreation and Park District,.on December 9, 2000 - FOUND
THAT THE SHERIFF HAS NOTEDHIS APPROVAL.ON THE PERMIT AND
THAT'~ THE PARADE WILL NOT RESULT IN THE UNDUE OR
UNMANAGEABLE OBSTRUCTION OR HINDRANCE OF TRAFFIC ON THE
HIGHWAY WHERE IT IS TO BE HELD; WILL NOT LEAD TO BREACH
OF THE PEACE, PROPERTY DAMAGE, OR OTHER DISORDERLY OR
UNLAWFUL CONDUCT; WILL NOT CONFLICT WITH OTHER PARADES
PREVIOUSLY GRANTED PERMITS, AND THAT THE SHERIFF HAS
FACILITIES TO PROPERLY SUPERVISE THE PARADE; APPROVED
PERMIT; AUTHORIZED CHAIRMAN TO SIGN
Mc-Pa '21) Application to hold a Bike Event, Mountain and River
All Ayes Adventures Fat-Tire Festival in Kernville, October 20,
2000 through October 22, 2000 - FOUND THAT THE SHERIFF
HAS NOTED HIS APPROVAL ON THE PERMIT AND THAT THE EVENT
WILL NOT RESULT IN TH~ UNDUE OR UNMANAGEABLE OBSTRUCTION
OR HINDRANCE OF TRAFFIC ON THE HIGHWAY WHERE IT IS TO BE
HELD; WILL NOT LEAD TO BREACH OF THE PEACE, PROPERTY
DAMAGE, OR OTHER DISORDERLY OR UNLAWFUL CONDUCT; WILL NOT
CONFLICT WITH OTHER PARADES PREVIOUSLY GRANTED PERMITS,
AND THAT. THE SHERIFF HAS FACILITIES TO PROPERLY SUPERVISE
THE PARADE; APPROVED PERMIT; AUTHORIZED CHAIRMAN TO SIGN
Summary of Proceedings Page 4
Board of Supervisors Regular Meeting 10/17/2000
-._
TREASURER-TAX COLLECTOR
Mc-Pa *22) Cash Receipts and Disbursements for September 2000 -
All Ayes RECEIVED AND FILED
Pz-Pa MOTION TO CONSIDER NON-AGENDA ITEM NO. 27, CLOSED
All Ayes SESSION: MADE FINDING THAT NEED TO TAKE ACTION ON NON-
AGENDA MATTER OCCURRED AFTER AGENDA WAS POSTED BECAUSE
THE ASSESSMENT APPEALS BOARD FOR KERN COUNTY ISSIIED A
DECISION ON OCTOBER 16, 2000~ IN THE ELK HILLS TAX APPEAL
THAT HAS FINANCIAL AND BUDGET IMPLICATIONS FOR THE COUNTY
OF KERN. THERE IS AN II~I~DIAT~ NEED TO I1TFORN THE BOARD
CONCERNING THE IMPACTS OF THIS DECISION AND TH~ COUNTY' S
ROLE AND STRATEGY IN ANY .APPEAL THAT MIGHT BE TAKEN.
THE DECISION ISS S ONL STE AY AFTE " m
.WAS POSTED ON THURSDAY, OCTOBER 12.
.~ ~'Yf f~ ~ :_' ~..,'.~.:..~:.p.. ;, :~ : .. '~
CLOSED SEssiONs_--: :'.: ./.:.:~ . 5~ .... :') ,i.. -'::~
COUNTY ADMINISTRATIVE OFFICE
Pz-Mc 23) Request, for Closed Session"to discuss" Department Head
All Ayes performance..- Title: Chief .Executive 'Officer - Kern
Medical Center -
Pz-Mc 24) Request for Closed Session' re~arding Meet 'and Confer,
All Ayes CCAPE, KCFFU -
COUNTY COUNSEL
Pz-Mc 25) Request for Closed Session regarding significant exposure
All Ayes t6 lit~gati0n a~ainst 'the county'(one case) (Government
Code Section 54956.9(b) (1) (3) (A)) -
Pz-Mc 26) Request 'for. Closed Sessio~ to determine whether the
All Ayes County will initiate or intervene in litigation or join
as ~icus curiae in a lawsuit (Goverrunent Code Section
54956.9(c)) - -
Pz-Mc 27) Request for. Closed Session re Occidental" of Elk Hills,
All Ayes Inc,. '(Assessment ~ Appeals 'APplication No.. - 0095-0230
(1998/99) .-.;.' ..... '.. : .* ....... :'.' ..... : · - '..
Pz-Pr RECONVENED FROM CLOSED SESSION; RECESSED TO 2:00 P.M'.
/ D~nise pennelt '-. * .....
~;;~'~ of" the .BOard ....
Kenneth W. Peterson
Chairman,' Board of Supervisors
SUMMARY OF PROCEEDINGS
BOARD OF SUPERVISORS - COUNTY OF KERN
1115 TruxtunAvenue
Bakersfield, California
Regular Meeting
Tuesday, October 17, 2000
BOARD,.RECONVENED ....... '
Supervisors: McQuiston,' Perez, Patrick, Peterson, Parra
ROLL CALL: All Present ~-. ·
CONSENT AGENDA/OPPORTUNITY FOR PUBLIC CoMM~5%TP: ALL ITEMs
LISTED WITH AN ASTERISK (*) OR A NUMBER SIGN (#) WERE '-
CONSIDERED TO BE ROUTINE AND APPROVED BY ONE MOTION.
BOARD ACTION SHOWN IN CAPS
PUBLIC PRESENTATIONS
1) This portion of the meeting is reserved f0~ person~ to
address the Board on any ma~ter not on this agenda but
under the jurisdiction of the Board. Board members may
respond briefly to statements made or questions posed.
They may ask a question for clarification, make a
referral to staff for factual information or request
staff to report back to the Board at a' later meeting.
Also, the Board may take action to direct the staff to
place a matter of business on a future agenda. SPEAKERS
ARE LIMITED TO TWO MINUTES. PLEASE S~ATE YOUR NAME
BEFOR~ MAKING YOUR PRESENTATION. THANK YOU! - NO ONE
BOARD MEMBER A1TNOUNCE~S OR REPORTS
2) On their own initiative, Board members may make. an
announcement or a report on their own 'activities. They
may ask a question for clarification, make a referral to
staff or take action to have staff place a matter of
business on a future agenda (Gov. Code Sec. 54954.2(a)) -
NO ONE HEARD
Summary of Proceedings Page 6
Board of Supervisors Regular Meeting 10/17/2000
CONTINUED HEARiNGs
R~SOURCE MANAGEMENT AGENCY ~
Planninc Department
Pa-Pr *3) Request from James Wa£nwright by French and
All Ayes £or 'the County to vacate, an approx4~tely 170-~oot
portion of ~oad mt the end .of Wainwright Coux~, Fraziar
Park (SD 4)
Specific Request:
Nonsummary vacation of a portion of Wainwright Court
(257-34 3 098; Streets and Highways)
(General Rule, Section 15061(b)(3); Published Mountain
EnterPrise;. from 8/15/2000 and 9/19/2000) - REFERRED BACK
Mc-Pa 4) .ReqUest 'from"EidgeCrest Gun" Range"'Anso~'t~on"..t~:' eh~h~® '::'" ~:':;
re.s~ential, to :agricul~ural..on 1~0. acres,, and ,to a~low a
shooting range on approx~-~ately 100 of the 170 acres
located ad~Jacant to Brown Road, three miles northwest of
its intersection with State Route '395,. ten. m/les
southwest of .Ridgecres~ (SD
Specific Request:
(a) A~ change in zone classification from E '(20) RS
(Estate - 20 acres - Residential Suburban Combining) to
A (Exclusive Agriculture) or~ a more restrictive district
(ZCC %4, Map %70)
(b) A Conditional Use Permit to allow a shooting range
(Section 19.12.030.D) in. an .A (Exclusive Agriculture)
District (CUP %5, Map %70)
(Negative Declaration; Published Daily Independent; from
10/10/2000) - OPENED .HEARING; TOM WIKNICH, PRESIDEAVf,
RIDGECREST GUN RANGE ASSOCIATION, AND JOH/~ KENNEST, HEARD
IN SUPPORT OF THE PROJECT; CLOSED HEARING; ADOPTED
NEGATIVE DECLARATION AND MITIGATION MEASURE MONITORING
PROGRAM; ADOPTED RESOLUTIONS .2000-370 AND 2000-371 AND
ENACTED ORDINANCE. G-6727 APPROVING ZONE CHANGE AND
CONDITIONAL USE' ~ PERMIT. SUBJECT' TO CONDITIONS AND DELETING
.CONDItiON NO2~ 7: RELATIVE TO .i FINANCIAL ASSURANCES ...
DF. PARTMENTAL REOUESTS
:RESOURCE MANAGEMENT A~ENCY ..... : . . .:: - . , ~.. . %:. ..(
Plann,inc Department ...........
Streets: and Hiahwavs ' : ......
Pa-Pr *5) Request from M.S. rickets II, L~C, by DeWalt CorPoration'~
All Ayes for a Summary Vacation of a portion of Un~corn Road,
approximately 3/$ mile south ,,of-Seventh Standard Road and
1/~ mile southwest of Pegasus'Drive, northwest
Bakersfield = APPROVED VACATION SUBJECT TO TEE RETE~ION
OF ANY APPROPRIATE UTILITY BASEN]'~.TTS
Summary of Proceedings Page 7
Board of Supervisors Regular Meeting 10/17/2000
Land Use
Pa-Pr *6) Proposed Williamson Act Land Use Contracts for 2001 -
All Ayes Contract 00-23, George Borba, south of Bakersfield,
Agricultural Preserve No. 10, 632.84 acres and Contract
00-22, George Borba and Son Dairy, a partnership, south
of Bakersfield, Agricultural Preserve No. 10, 2,560.98
acres - APPROVED LAND USE CONTRACTS; AUTHORIZED CHAIRMAN
TO SIGN; DIRECTED CLERK OF THE BOARD TO RECORD
Miscellaneous
Pa-Pr *7) Proposed Agreement consenting, to assignment of Tejon
All Ayes Industrial Corporation (TIC) Developer' Agreement to IKEA
for portion of project purchased by IKEA from TIC
APPROVED; AUTHORIZED CHAIRMANTO SIGN AGREEMENT 1003=2000
RESOURCE MANAGEMENT AGENCY
~ommunitv D~velo9~ent Procram
S.D. #5
Pa-Pr *8) Proposed Amendments to the County of Kern's Fiscal Year
All Ayes 1999-2000 and Fiscal Year 2000-2001 Annual Action Plans
for Community ~Development. p~ogr~am~ to revise the East
Bakersfield Curb and Gutter Improvements Project to
include an additional street ~ OPENED HEARING; NO ONE
HEARD; CLOSED HEARING; APPROVED AMENDMENT TO COUNTY OF
KERN'S FISCAL YEAR 1999-2000 ANNUAL ACTION PLAN, CD
ACTIVITY #3.99.2, TO INCLUDE RIGHT-OF-WAY ACQUISITION AND
DESIGN ON RICHMOND STREET FROM LARCUS AVENUE TO POTOMAC
AVENUE, AND THE FISCAL YEAR 2000-2001 ANNUAL ACTION PLAN,
CD ACTIVITY %3.00.1, TO INCLUDE CONSTRUCTION OF CURB AND
GUTTER, AND RELATED DRAINAGE IMPROVEMENTS, ON RIC}~4OND
STREET FROM LARCUS AVENUE TO POTOMACAVENUE; AUTHORIZED
DIRECTOR TO SUBMIT TO HUD ALL DOCUMENTATION RELATED TO
Pa-Pr *9) Final Plans and Construction Manual' for. Bakersfield
All Ayes Police Activities LeagUe-Restroom Improvements to' the
Youth Facility at 301 East 4th Street - APPROVED PLANS
AND CONSTRUCTION MANUAL; AUTHORIZED CHAIRMAN TO SIGN;
AUTHORIZED CDPD TO PUBLISH NOTICE TO CONTRACTORS AND
NOTICE TO SUBCONTRACTORS AND MATERIAL SUPPLIERS IN THE
BAKERSFIELD CALIFORNIAN ONCE A WEEK FOR FOUR WEEKS, AND
NOTICE TO SUBCONTRACTORS AND MATERIAL SUPPLIERS IN THE
APPROPRIATE MINORITY ORIENTED PUBLICATIONS DURING THE
BIDDING PERIOD
Summary of Proceedings. Page 8
Board of Supervisors Regular Meeting 10/17/2000
S.D.'s #3 & 85 :
Pa-Pr '10) Proposed Enterprise Zone Application Agreement with the
All Ayes City of Bakersfield for funding and contracting with a
consultant to prepare an application to California Trade
and Conunerce Agency to extend the life of the Southeast
Metropolitan Bakersfield Enterprise Zone for five years,
which Agreement authorizes Director, or his designee, to
work with City in selection of a consul:ant and review
and approve terms of Agreement for execution between City
and consultant, ali future changes thereto, and including
all claims for payment made by consultant to City -
APPROVED; AUTHORIZED CHAIRMAN TO - SIGN AGREEMENT
10'04-2000; AUTHORIZED DIRECTOR TO COMPLETE. AND SUBMIT"A
JOINT APPLICATION WITH THE CITY TO THE AGENCy.. -' ....
Encineerlna and Survey Services
Pa-Pr '11) Tract No. 5772, Phase 6, north side of Universe Avenue
Ail Ayes between North Chester Avenue and McCray Street, north
Bakersfield area, Type "A" Subdivision, the DeWalt
Corporation' for the DeWalt Group, Inc. - ADOPTED
RESOLUTION 2000-372 FINDING OF FACT PER SECTION 21151 OF
PUBLIC RESOURCES CODE, SECTION 66473.5, 66474 AND 65567
OF GOVERNMENT CODE INCLUDING APPROVAL OF WAIVER OF
SIGNATURE FOR MINERAL OWNERS WITHOUT SURFACE ENTRY. RIGHTS
AND EASEMENT HOLDERS PER SECTION 66436 OF GOVE~ CODE
AND SECTION 18.45. 020 D1 OF LAND DIVISION ORDINANCE.
( SECTION 18.15.03 0 K1,2,3 NOT APPLICABLE) , AND'
RESTORATION OF INGRESS AND EGP~ESS ACROSS LOT "B' IN TRACT
5772, PHASE 3; APPROVED FINAL MAP; AUTHORIZED CLERK OF
THE 'BOARD TO SIGN; APPROVED IMPROVEMENT AND M0~ATION
AGREEMENTS; AUTHORIZED CHAIRMAN TO SIGN; RECEIVED AND
FILED DOCUMENTS AND ORDERED RECORDED AS APPROPRIATE
Pa-Pr '12) Tract 5871, Phase 1, Hart Flat Road, south of State
All Ayes Highway 58, Hart Flat area, release of
Performance '~SeCurity for 'street and- Wat'~r
Guarantee' Period, 'Orange T~ee"Partners - RELEASED THE:10%~'
FAITHFUL. PERFORMANCE. BOND ,$S500206/- UNDERW~I_TTEN'.~ .BY.
FINANCIAL PACIFIC INSURANCE' "COMPANY , IN-~
Summary of Proceedings Page 9
Board of Supervisors Regular Meeting 10/17/2000
Pa-Pr '13) Proposed Resolution of Intention to Extend Zones of
All Ayes Benefit Nos. 3, 5, 7 and 10 in County Service Area No.
71, Tract 5557, west Bakersfield, north of Palm Avenue
and east of Heath Road - ADOPTED I~ESOLUTION 2000-373
REGARDING INTENTION TOEXTENDZONES OF BENEFIT NOS. 3, 5,
7 AND 10 IN COUNTY SERVICE AREA NO. 71; SET PUBLIC
HEARING FOR TUESDAY, DECEMBER 5, 2000, AT 2:00 P.M., TO
R~CEIVE PUBLIC INPUT AND TABULATE BALLOTS; DIRECTED
ENGINEERING & SURVEY SERVICES TO 14AIL NOTICES AND
BALLOTS, ALONG WITH AN ENGINEER'S I~EPORT, TO PROPERTY
OWNERS ·AFFECTED, AND TO CONDUCT A PUBLIC INFORMATIONAL
MEETING IN COMPLIANCE WITH ARTICLE XIII .-D OF THE
CALIFORNIA CONSTITUTION; DIRECTEDCLERK OF THE BOARD TO
PUBLISH NOTICE OF HEARING AND TO FILE NOTICE .OF
EXEMPTION, PURSUANT TO CEQA GUIDELINES '- ''
RESOURCE MANAGEMENT AGENCY ' '
Roads Departmen~
Pa-Pr '14) Contract No. 01008, Plans, Specifications and Notice to
Ail Ayes Contractors for construction on Wheeler Ridge Road
between LeGray Road and Herring Road - MADE FINDING THAT
PROJECT IS EXEMPT FROM CEQA PER SECTION 15301(c);
AUTHORIZED ROADS TO FILE NOTICE OF EXEMPTION; APPROVED
PLANS AND SPECIFICATIONS; AUTHORIZED CHAIRMAN TO SIGN;
AUTHORIZED ROADS T~.PUBLISH PURSU~A!~T TO SECTION 20392 OF
PUBLIC CONTRACTS CODE; BID OPENING DATE TO B~W'ED1T~SDAY,
NOVEMBER 15, 2000, AT 11:00 A.M.
Pa-Pr '15) Proposed easement deed from ThelmaM. O'Meara, Trustee of
Ail Ayes· the ThelmaM. O'Meara Martial Trust~ for additional right
of way for Union Avenue - ACCEPTED DEED; ORDERED IT
RECORDED
Pa-Pr '16) Proposed Contract No. 20024 with Granite Construction
All Ayes Company, for .construction on Union Avenue between Ming"
Avenue and Brundage Lane, in an amount not to exceed
$1',331,925 - APPROVED; AUTHORIZED CHAIRMAN T0.~.'SIGN
AGREEMENT 1005-2000 ~' '
S.D.'s #3 & #5
Pa-Pr '17) Proposed Contract No. 20015 with Griffith Company, for
All Ayes construction on East Brundage Lane from Oswell Street to
Fairfax Road and Fairfax Road from 800 feet south of
Mountain View Road to East Brundage Lane in an amount not
to exceed $905,000 - APPROVED; AUTHORIZED CHAIRMAN TO
SIGN AGREEMENT 1006-2000
Summary of Proceedings Page 10
Board of Supervisors Regular Meeting 10/17/2000 ~..
WASTE MANAGEMENT
Pa-Pr '18) Request for authorization to issue confirming Purchase
All Ayes Order with Cullinan Engineering, Inc., for construction
of drainage improvements . and related work at the
Tehachapi Sanitary Landfill, in an amount not to exceed
$9,435 - APPROVED; AUTHORIZED PURCHASING TO ISSUE
PURCHASE ORDER
Pa-Pr '19) Accept low bid 'of Cullina~ Engineering, Inc., ~to .provide
All Ayes operational services at the Mojave-Rosamond Sanitary
Landfill, in'an amount not to exceed $10,000 per' month
plus.$6.54 per ton (Agreement #16-01) - ACCEPTED LOW BID;
AUTHORIZED..ROADS TO PREPARE NECESSARY CONTRACT DOCUMENTS
AND RELEASE'ALL. OTHER BID'GUARANTEES ...... :: .. .:..'. .,,..,.-, .......
' .- ' ' .' ._ -':. -.: 7 ~'.?:'". :.
~/.~.,..; · :,.: ..... '..' -,.. ~-, ', ..
"... ..... . .,i : _ . ~ ~ '3' ' .... . '.
Pa-Pr. *20) Proposed Contract'.No.. 0100~ .with Cullinan Engineering]
All Ayes Inc. ,' to construct ~radin~ and. drainage improvements at
Buttonwillow_ Sanitary. Landfill, in an. amount not to
exceed $157,883.90 - APPROVED; AUTHORIZED CHAIRMAN TO
SIGN AGREEMf2~T 1007-2000
COUNTY ADMINISTRATIVE OFfICe. .
Pz-Pa 21) P~bli& he, ring"t67' C'on~'fder "f~n~ng :'all6~ation :requeSts
All Ayes from Supplemental Law Enforcement Services Fund, pursuant
to AB1913 - 1) OPENED HEARING; NO 'ONE HEARD; CLOSED
HEARING; 2 ) APPROVED APPROPRIATION OF UNANTICIPATED
REVENUE IN THE AMOUNT OF $817,131 FROM SUPPLEMENTAL LAW
ENFORCEMENT SERVICES FUND #24068, BUDGET UNIT #2210; 3)
APPROVED APPROPRIATION OF UNANTICIPATED-REVENUE FROM
SUPPLEMENTAL LAW ENFORCEM~2gT SERVICES FUND'.#24068, BUDGET
UNIT #2180; 4 ) APPROVED BUDGET TRANSFER ' FROM
APPROPRIATIONS FOR CONTINGENCIES TO BUDGET'UNIT #2210,
SHERIFF'S DEPARTMENT IN THE AMOUNT OF $817,131..AND BUDGET
UNIT #2180, DISTRICT ATTORNEY IN THE' AMOUNT. OF- $2'39,759
Pa-Pr *22) Proposed transfer of property tax entitlement,
All Ayes Bakersfield-Annexation No. 414 (Allen- Road-~N0.'- 4) ~-'
ADoPT~D "'RESOLUTION. 2'000-3.74 AUTHORIZING' '. AUDITOR~ '- "
CONTROLLER-COUNTY CLERK TO TRANSFER PORTION OF "THE
coUNTy'S PROPERTY TAX ENTITLEMENT TO THE CITY' OF
BAKERSFIELD COMMENCING FISCAL YEAR 2001-2002 IN
ACCORDANCE WITH'THE 'MOU BETWEEN THE CITY OF BAKERSFIELD
AND COUNTY
Pa-Pr *23) Proposed revisions to plan document for KernSFlex Plan to
All Ayes increase the employer credit from 5% of participants'
base salary to 8% of base salary for management and mid-
management employees - APPROVED
Summary of Proceedings Page 11
Board of Supervisors Regular Meeting 10/17/2000
Pa-Pr *24) Proposed Agreement with Kern County Farm Bureau, Inc., to
Ail Ayes assist in reviewing the proposed endangered species
listing of the Buena Vista Lake Shrew, in the amount of
$10,000 -APPROVED; AUTHORIZED CHAIRMANTOSIGNAGREEM~NT
1008-2000
Pa-Pr *25) Proposed Amendment to Administrative Services Agreement
All Ayes with Chimienti & Associates for development and support
of Internet accessible database for employee and retiree
health insurance benefits programs, at a cost of $25,000
.and $1.00 per participant per month - APPROVED;
AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 1009-2000
Pa-Pr *26) Request for authorization to retain watson'Wyatt'&
All Ayes Company regarding actuarial valuation to determine
estimated cost of considering KernSFlex contributions as
compensation for retirement purposes - AUTHORIZED COUNTY
ADMINISTRATIVE OFFICE TO RETAIN SERVICES OF WATSON WYATT
& COMPANY TOPERFORMANACTUARIAL STUDY TO DETERMINE COST
IMPACT OF INCLUDING KERNSFLEX CONTRIBUTIONS AS
COMPENSATION EARNABLE FOR RETIREMENT PURPOSES, IN AN
AMOUNT NOT TO EXCEED $4,000
Pz-Pr 27) Proposed Securitization of Tobacco Settlement Revenues to
All Ayes Municipal Bond Issuance - APPROVED PROPOSAL FOR ISSUANCE
OF TOBACCO SECURITIZATION BONDS WITH MAXIMUM TERM OF 40
YEARS ON A STAND-ALONE BASIS UTILIZING A TAX-EXEMPT TRUST
STRUCTURE; APPROVED~ THE BOND- STRUCTURING'~OPTION'THAT-
APPLIES ALL AVAILABLE ANNUAL TOBACCO SETTLEMENT RE%rENUES
TOWARD R~PAYMENT OF THE BONDS; P~EFERRED TO COUNTY
ADMINISTRATIVE OFFICE AND COUNTY COUNSEL THE CREATION OF
THE REQUIRED NON-PROFIT ORGANIZATION WITH INCLUSION OF
TWO MEMBERS OF THE BOARD OF SUPERVISORS ON THE BOARD OF
DIRECTORS, AND PREPARATION OF DOCUMENTS N~CESSARY TO JOIN
THE JOINT POWERS AUTHORITY-REQUIRED FOR THE ISSUANCE OF
TOBACCO SECURITIZATION BONDS
COUNTY ~A~MINISTRATIVE OFFICE
General Services Division
Pa-Pr *28) Request for transfer of fUnds from Appropriations for
All Ayes Contingencies for participation in a flood warning system
on the South Fork of the Kern River --APPROVED BUDGET
TRANSFER INTHEAMOUNTOF $55,000 FROMAPPROPRIATIONS FOR
CONTINGENCIES TO BUDGETUNIT 1900 FOR FUNDLNG OF COUNTY'S
SHARE OF THE FLOOD ALERT SYSTEM
Pa-Pr *29) Plans and Specifications for construction of a new roof
All Ayes and remodel of the }IVAC system at the Mojave
Veterans/Seniors Building (1650.7065) - APPROVED;
AUTHORIZED CHAIRMAN TO SIGN; AUTHORIZED GENERAL SERVICES
TO PUBLISH PURSUANT TO PUBLIC CONTRACT CODE SECTION
20125; BID 0PENINGTOBE'THURSDAY, NOVEMBER 16, 2000, AT
11:00 A.M.
Summary of Proceedings Page 12
Board of Supervisors Regula~ Meeting 10/17/2000
pa-Pr *30) Change Order No. i for repairs to the Southwest Regional
All Ayes Administration Building, an increase of $12,715, for a
new total of $403,325 (1650~7332) - APPROVED; AUTHORIZED
CHAIRMAN TO SIGN
Pa-Pr '31) ReqUest to receive and file Certificate of Deposit from
All Ayes Source Energy, LLC - RECEIVED AND FILED ACCEPTANCE OF
FRANCHISE; DIRECTED CLERK .OF THE BOARD TO FILE ~LLS
FARGO BANK CERTIFICATE IOF DEPOSIT, 'ACCOUNT NO.
~1959037375, WITH TREASURER'S OFFICE
Pa-Pr *32) Change.'Order.~No."2 for the~ Kern Medical Center Seismic
All Ayes Upgrade~at~"B,~and"C" Wings/-an increase of'$35,02~,'"for
a new total-'.of- $1,642,725 (8212.8358} - APPROVED;
AUTHgRIZED CHAIRMAN TO SIGN
Pa-Pr] *33) Change Order No. 2 for the Sagebrush Medical Plaza Family
Ail Ayes Practice & Pediatrics Clinics, an increase of $61,266,
for a new total of $3,861,~798 (8212.8360) - APPROVED;
AUTHORIZED CHAIRMAN TO SIGNi
Pa-Pr *34) ReqUest' for authorization to develop a job order
All Ayes contracting.'system for obtaining routine construction
services -AUTHORIZED ~ONSTkUCTiON SERVICES DIVISION TO
ADVERTISE FOR REQUESTS'FOR QUALIFICATIONS, .PP~PA~E .A
MULTIPLE-YEAR CONSULTING SERVICES AND SOFTWARE USE
AGREEMENT, AND DEVELOP A JOB ORDER CONTRACT SYSTEM
Pa-Pr. *35) prOPosed addition/deletion iof positions in the General
All Ayes Services Division - APPROVED ADDITION OF ON~ BUILDING·
sERVICES .MANAGER POSITION AND ONE COMPUTER
TELECOMMUNICATIONS TECHNICIAN I/II POSITION EFFECTIVE
OCTOBER 21, 2000, AND DELETION OF ONE SUPERVISING
BUILDING SERVICES WORKER POSITION EFFECTIVE APRIL 1,
2001, INBUDGETUNIT 1610; REFERRED TO PERSONNEL TO'AHEND
THE DEPARTMENTAL POSITIONS AND SALARY SCHEDULE'
.. MATTERS FOR EXECUTIVE APPROVAL ..
Pa-Pr' *36) Budget Transfers - APPROVED #44 THROUGH #46
All Ayes
Pa-Pr *37) Minutes for week of September 18, 2000 - APPROVED
All Ayes
Pa-Pr *38) Miscellaneous Letters and Documents - FILED
All Ayes ~
Pa-Pr *39) Miscellaneous Departmental Referrals by Clerk of the
All Ayes Board - APPROV~DAND FILED
summary of Proceedings Page 13
Board of Supervisors Regular Meeting 10/17/2000
Pa-Pr *40) Claims and Lawsuits filed with and referred by Clerk of
Ail Ayes the Board - APPROVED AND FILED
Pa ADJOURNED TO TUESDAY, OCTOBER 24, 2000, AT 9.:00 A.M.
Chairman, Board of Supervisors.
Summary of Proceedings
Board of Supervisors Regular Meeting 10/17/2000
38) MISCELLANEOUS LETTERS AND DOCUMENTS - FILED
Auditor-Controller-County Clerk
A) Annual Report on the results of the Alternative Secured
Property Tax Distribution Plan for Fiscal Year 1999-00
(Copies tO each Supervisor and CA0)
B) 2000-2001 County of Kern Final Budget
County Coun~e~
C) Response to referral to Shelly L. Renner, Kronick
Moskovitz Tiedemann & Girard, re formation, of a School
Facilities I~rovement District, Mojave Unified School
District (Copies to each Subervisor and .CAO)_.: ~.. ..
Local Aaencv Formation Co~n/ssion '
'Annexation'-No%:~76'~ Proceeding No'. 1288 (CopieS' tO'each
Supervisor and CA0)
E) Memorandum re City of Bakersfield request for information
on the construction of a signal at State Route 119, Taft
Highway, and-the southboundloff ramp from State Route 99
(Copies to each Superviso=, CAO and Bakersfield City
Clerk)
F) Letter from Shawn L. Heffner,_California Water Sgrvice
' '-domP~ny re"~'pr'0p~'sed~rate application,'- Bakersfield
District (Copies to each Supervisor, CAO, Planning and
Resource Management Agency)
G) Letter from Lois M. Bush re facilities at Franklin Field,
Taft (Copies to each Supervisor, CAO, County Counsel and
Planning)
H) Letters from Ca1 Western Reconveyance Corp., re NOtice of
Default, Trustee's Sale No., 1026245-01 86. 87 and #7C,
Loan No. 0009254293, Sandra M. Kosareff (Copy to PrOperty
I) Letter from. Terry'. Trinidad,i~ -.State D~partment 'of" Heai~-
Services, .. re.. Kern County's Fiscal ;Year 2000-2001
California Healthcare'for .Indigents Program or Rural
Heaith services' Program application (Copies .t6- each
Supervisor, CAO, Public Health; Kern Medical Center ~nd
Auditor-Controller)
J) Letter. from, Dennis J. Webb~ State Department of Health
Services, re guidelines and forms for submission of
Fiscal Year 2000-2001Description of Proposed Expenditure
of California Healthcare for Indigents Program/Rural
Health Services Program Punds (Copies to each Supervisor,
CAO and Public Health)
K). Letter from Thomas N. Clark,.Kern County Water Agency, re
Resolution 64-00 setting forth the Zone of Benefit
assessments for 2001-2002 (COpies. to each Supervisor,
CAO, Assessor, Resource Management Agency and County
Counsel)
Summary of Proceedings Page 15
Board of Supervisors Regular Meeting 10/17/2000
L) Letter from John M. Puffy, State Fish and Game
Corr~ission, re notice of proposed changes in regulations
(Copies to each Supervisor, CA0, Planning and Parks &
Recreation)
M) Letter from Thomas E. McConnell, State Board of
Corrections, re meetings to receive information
concerning the Schiff-Cardenas Crime Prevention Act of
2000 (Chapter 353, Statues of 2000) (Copies to each
Supervisor and CAO)
N) Agenda of meeting from In-Home Supportive Services
Advisory Committee on Thursday, October 12, 2000
O) Agenda of meeting from Kern County Planning Commission on
Thursday, October 12, 2000
P) Agenda of meeting from Kern County En~D'loyees' Retirement
Association, Board of Retirement, on Wednesday, October
11~ 2OOO
Q) Agenda of meeting from Human Relations Commission on
Tuesday, October 10, 2000
R) Agenda of meeting from Civil Service Commission on
Monday, October 9, 2000
S) Agenda.' of meeting from Tehachapi City Council and
Tehachapi City Financing Corporation on Monday, October
2, 2000 (Copies to each Supervisor and CAO)
T) Agenda of meeting from State of California, Fish and Game
-- C ommi s s i on, on-Th~-~-~d~7--O~t~b~ I97--20U0--(C~-pi~--t~--eH~
Supervisor, CAO, Planning and County Counsel)
U) Newspaper article from Don Hill re Salomon Smith Barney
from Wall Street Journal, September 26, 2000 (Copies to
each Supervisor, CAO and County Counsel)
39) LETTERS RECEIVED AND REFERRED BY ~LERK OF THE BOARD -
APPROVED AND FILED
A) Applications for alcohol beverage licenses: Hello
Market, 9300 South Union Avenue, Bakersfield; Nicks
Xpress Station, 356 Emmons Street, Tupman - REFERRED TO
PLANNING (Copies to each Supervisor and CA0)
B) Letter from Shelly L. Renner, Kronick Moskovitz Tiedemann
& Girard requesting formation of School Facilities
Improvement District, Mojave Unified School District -
R~FERRED TO COUNTY COUNSEL
40) CLAIMS AND LAWSUITS FILED WITH AND REFERRED BY THE CLEPJ{
QF THE BOARD - APPROVED AND FILED
A) Claim in the matter of ~ vs Kern County -
REFERRED TO COUNTY COUNSEL (Copy to Risk Management)
B) Claim in the matter of Jamie Thompson vs Kern County -
REFERRED TO COUNTY COUNSEL (Copy to Risk Management)
C) Claim in the matter of Ismael Hernandez vs Kern Co%l~ty -
REFERRED TO COUNTY COUNSEL (Copy to Risk Management)
D) Subrogation claim in the matter of Ronald Lerov Gains by
A/lstate vs Kern County - REFERRED TO COUNTY COUNSEL
(Copy to Risk Management)
~ Summa~ of-Proceedings Page 1~ ~ ~-
Board of Supe~isors Re~lar Meeting 10/17/2000 ~
E) .Summons Md Co~laint in the ~tter of Loretta Eubanks.
Danny Lee Eubanks. Jr.. and CO~ie Eubanks vs. Ke~
Cowry - ~FERRED TO CO~ CO~SEL (Copies to Risk
M~ag~en~ )