HomeMy WebLinkAbout07/12/02 B A K E R S F I E L D
CiTY MANAGER'S OFFICE
MEMORANDUM
July 12, 2002
TO: Honorable Mayor and City Council
FROM: Alan Tandy, City Manager ~ 7"(z.,./r-'~_~'.
SUBJECT: General Information
1. Enclosed from Recreation and Parks is a swimming pool survey based on information
obtained from five other California cities with populations comparable to Bakersfield, as
well as Fresno, Hayward, and Porterville.
2. Public Works will begin street rePairs on Mount Vernon Avenue, between Panorama DriVe
~and University Avenue on July 22nd. A timeline for completion of the project is enclosed for
your information.
3. I have apologized both to representatives of the Kern River Parkway group and to the
leader of the Veterans' Park group. I had assumed that putting the Veterans' together with
the 32-acre park might be a positive thing. It appears that my assumption may have been
wrong. They have met and shared information. We wili continue to work with both - at
whatever location the Veterans land!
4. EDCD reports good news - according to the National Association of Home Builders,
Bakersfield was again rated as having the most affordable housing, in. CalifOrnia. More
details from the NAHB survey, released on July 9'h, are included in the attached memo.
5. As a reminder; the reconstruction prOject on Gosford Road will begin on MOnday, July 15th.
As you are aware, there is. going to be a major impact on traffic in that area for the next
month, so taking an alternate route is strongly recommended.
6. The June activity report from Recreation and Parks is attached.
7. Responses to Council requests are enclosed, as follows:
Action plan to improve disability access at the Convention Center.
Councilmembers Benham and Maggard
· Progress Report on the Solid Waste Management Advisory Committee (as discussed at
the July 10th Council meeting workshop);
COuncilmember Couch
· Report on the feasibility of sending written notification to surrounding property owners
upon receipt of application for new development.
AT:rs
cc: Department Heads
Pam McCarthy, City Clerk
Trudy Slater, Administrative Analyst
DEPARTMENT OF RECREATION AND PARKS
DATE: July 61 2002
TO: Alan Tandy, City Manager
FROM: Stan Ford, Director of Recreation and Parks
SUBJECT: Swimming Pool Survey'
We have completed the survey of swimming pool provision by the cities with
population similar to Bakersfield as well as Fresno,/Hayward, and Porterville.
For clarity, I have simplified the information into the attached table. If
needed, Sally Ihmels has additional detail (e.g. number of lanes in'some
pools) that she obtained while conducting the survey. I believe the
information will be adequate for the council's needs.
I have asked to Sally to gather some additional data about private swim
teams. This information should assist in determining the demand for 50-
meter.courses. Sally anticipates completing this task next week. I will
forward this information as soon as it is available.
c: Citizens Community Services Advisory Committee
Swimming Pool Survey
Fresno 407,000 1 Non-competitive 9 + 1 diving tank (3) 50-meter CSU-Fresno 1 Have not been
(5) 25-yard recreation and 1 able to verify that
(Clovis Unified (1) recreation 25-yard pool Fresno Unified
School District) School District has
Fresno City (7) 50-meter pools
College 1
recreation and 1
25-yard pool
Stockton 254,650 4 All 25-yard 3 Ail 25-yard
Riverside 254,300 7 (1) 50-meter, (1) 6 All 25-yard City uses 2 of the
25-yard, & 5 high school pools
recreation in under-served
areas
Bakersfield 241,185 9 (2) 25-yard and (7) 0 N/A CSU-Bakersfield North Bakersfield
Non-competitive (1) 50-meter and RPD has (3) pools.
(1) 25-yard pool
Kern HSD
Bakersfield contributed
College (1) 50- $350,000 towards
meter and (1) 25- new BC pool
yard pool
Fremont 207,876 0 N/A 5 All 25-yard Ohloney College
has (1) 50-meter
pool
Glendale 200,395 0 N/A 3 All 25-yard (2) YMCA 25-yard High School pools
indoor pools open to the public.
City "rents" from
HS's
Huntington Beach 200,240 1 Non-competitive 3 +1 diving tank All 25-yard Golden West
College has (1) 50-
meter pool
Hayward 123,000 6 All 25-yard 0 N/A CSU-Hayward and All city pools are
Chabot College on high school
each has (1) 50- property. HS's
meter pool rent pools from
city.
Porterville 40,625 3 All non-competitive 3 (2) 25-yard and (1) Porterville College
50-meter has (1) 25-yard
pool
From: Raul Roias
To: Alan/andy
Date: 7/10/02
Subject: Pavement Conditions on Mount vernon Avenue
On July 22, 2002, staff from Streets Division will start repairing the bad sections of pavement on Mt.
Vernon Avenue, between Panorama Drive and University Avenue. The project will take approximately
two weeks to complete. Streets Division crews should be completing that portion of Mt. Vernon by August
2, 2002. The project involves digging out the bad sections to a depth of 12 inches or more in Order to
stabilize before patching the areas with asphalt concrete. This is the same process the Streets Division
staff are preforming on other Major streets.
CC: Brad Underwood; Jack LaRochelle; Luis Peralez; Mike Conner; Rhonda Smiley; Ted
Wright
From: David Lyman
Date: 7/12/02 9:56AM
Subject: SurVey: Bakersfield Again Has California's Most Affordable HouSing
Survey: Bakersfield Again Has California's Most Affordable Housing
Once again, Bakersfield has the most affordable housing in California~ according to a survey released July
9.
The National Association of Home Builders (NAHB)ranked Bakersfield tops among California cities and
seventh in the West in its Housing Opportunity Index (HOI) for the first quarter of 2002.
In the previous quarter, Bakersfield ranked fifth in the West.
The ten communities with the moSt affOrdable housing in the Western Region were,
1. Boise City, ID
2. Anchorage, AK MSA
3. Phoenix-Mesa, AZ MSA
4.' Reno, NV MSA
5. Tucson, AZ MSA
6. Las Vegas NV-AZ MSA
7. BAKERSFIELD, CA MSA
8. Salt Lake City-Ogden, UT MSA
9. Yuma, AZ MSA.
10. Spokane, WA, MSA
NAHB defines housing affordability as the percentageof homes sold that a family earning the median
income can afford to buy.
The survey showed that 69.4 percent of Bakersfield's families can afford a median Priced home. This
compares with Fresno (52.1 percent), Riverside-San Bernardino (49.6 percent), Sacramento (43.7
percent), Modesto (33~6 percent), and San Luis Obispo-Atascadero-Paso Robles (13.0 percent).
Only 34.4 percent of families in Los Angeles-Long Beach can affo~'d to buya median-priced home there.
In San Diego the figure is 21.6 percent and in San Francisco, 9.2 percent.
On NAHB's national rankings, Bakersfield's HOI ranked 107th; last quarter, Bakersfield's national ranking
was 98th.
According to the survey, the median price of a-home .in the Bakersfield MSA was $110,000.
DEPARTMENT OF RECREATION AND PARKS
DATE: July 7, 2002
TO: Alan Tandy, City Manager
FROM: Stan Ford, Director of Recreation and Parks
SUBJECT: Monthly Report for June
Attached are the monthly activity reports from each division. Of note in June
was:
Wet Playground: The county health department has' approved our plans.
The final issue that was resolved was the surfacing which we proposed to be
artificial turf. Bid documents should be ready by mid-July.
Pools Open:'lnitially, this appears to be a very good season with strong
demand.
c: Citizens Community Services Advisory Committee
R ecreatiO ngc ParlcsCITY OF BAKERSFIELD
Keep Bakersfield Beautiful Program
June Monthly Report
Submitted by: Keep Bakersfield Beautiful Committee
Cathi Guerrero, Chair (Ward 7) Kevin Burton, Vice Chair(Ward 4) _
Kimberly Caesar (Ward 3) John Enriquez (Ward 6)
Dana Karcher (Ward 2) Michael Ming (Ward 5)
Keith Stoller (Ward 1)
City Staff Liaison: Colleen Cashmore
Liberty_ Gardens
KBB will be completing the project for city hall the weekend of July 2¢ at City Hall. This
project will consist of a small plaque and patriotic colored flowers. It will be city funded.
KBB Committee Member Burton has rallied the support of the local police, fire, CHP and EMS
personnel for a larger Liberty Gardens project at Fire Stati6n 15. This site is expected to be
completed in September 2003. The sub-committee will continue to work on the design laY-outs
and will be responsible for the fundraising for this project. The Actis Junior High Student Body
presented a check to Kevin Burton and the KBB committee for this project and is excited to be
involved.
Waste in Place
Waste in Place workshop was held at Silver Creek from 4 -$pm. Nine Girl Scouts participated in
this event. We also presented Waste in Place at E3 Gardens with 40 students participating. We
will be conducting workshoPs at E3 throughout the summer months. These students will be ·
involved in learning the importance of taking care of our community in regards to litter
prevention, beautification and recycling.
Adopt A Highway
The Keep Bakersfield Beautiful Committee is committed to keeping Truxtun extension litter
free four times a year. KBB's latest clean up of this area was held on June 29th.
John Enriquez and myself met with Patrick Flaherty, Risk Manager, to discuss the insurance
requirement for the adopt-an-area and adopt-a-highway programs.
CUB (Clean up Bakersfield) Program
This program was approved by the Community Services Committee on February 27, 2002 and
introduced at the Great American Clean-up. The purpose of this program is to allow each scout
the wonderful opportunity to appreciate and understand their role in preserVing and protecting the
natural environment. It also encourages Scouts to take responsibility in their community and each
scout that participates earns a patch. Scouts will work clo.sely with KBB on various clean-up
projects that will benefit the city. It is the hope of the committee that this program will assist in
the recruitment of volunteers in other KBB project. 5 Girl Scouts were awarded this patch for
participating, in several community events, such as tree plantings, the Great American Clean-up,
and waste in place workshops.
86-CLEAN
Staff is continuing to work out the details for this number. We anticipate advertising this phone
number with the Litter Index SurVeys that will take place again throughout the summer months.
The purpose of this program is to help elicit individual responsibility in keeping our
neighborhoods clean. The goal is that the pUblic will become aware of areas that need cleaning
and know that they have a phone number to call for these areas. The phone number will be
introduced to the public through various methods and given specifically to students and groups
such as boy scouts, girl scouts, etc. The calls will be forwarded to the appropriate agencies.
Litter Index Survey
We will be completing the Litter Index Surveyin August 2002. It will consists of rating all
seven wards on a scale of 1-4, with I being no litter and 4 being extremely littered. The purpose
of this survey is to assess the litter situation in our community. The data collected will help us
identify programming that is effective in accomplishing sustainable results in attitude and
behavior change regarding litter prevention, and which programming lsn't.
Adopt-an-area
Volunteers are currently being sought for this program.
The neXt KgB meeting is scheduled for June 14, 2002
CITY OF BAKERSFIELD
Recreation -
&Parlcs :
JUNE 2002.Monthl Report
Submitted by: Holly Larson, Supervisor
Josh Romine, Specialist
Beigher Taylor,'Coordinator
Leisure Classes:
Registered Monthly Attendance
East Coast Swing 18 72
Nightclub Two-step 13 52
Water Exercise 5 8
Total 36 132
Aquatics Traininq:
Completed Training
Swim Instructor Training 9
Coaches Training 32
Managers Training 20
Pre-season Orientation 123
Aquatics Proqram Attendance:
See attached report
Accident/Incident Reports 148
Rescue Reports 9 --
2002 Summer Aquatic
Program Attendance
Session I '~i;!! ~le:!i~:~i;' :~-i:~i:~astro;~i~i&i!~::
Infant 0 7 0 2 2 8 10 23 0 52
Preschool 0 7 1 4 5 10 10 23 0 60
i Journey 4 23 19 50 44 44 ~ 48 128 0 360
Adult 0 0 0 0 0 0 0 15 0 15
Challenge 0 1 0 0 0 0 2 8 0 11
Jr. Lifeguard 0 0 0 0 0 I 3 4 0 8
Private 0 0 0 0 0 0 0 0 10 10
Pool Totals 4 38 21) 56 51 63 73 21)1 1
Session 2 i~.' i~ale ~F: !: ~.~astm:~:::'i.~:i, ::: -je.'ferson:~:;-~-~: ~i ~/, MEK-~:~i;;~ i:~?~lah2~i:~ :: ~:S~dhders~i.,!~/ ;~:~:~:sie~0h~.?: ?..S~i-Ct~k~ ~-.~ ::;~.:~a~ide cla~Tbt~l~
Infant I 2 " 0 ~ 0 2 6 9 24 0 44 -
Preschool 2 7 1 3 5 10 10 24 0 62
Journey 6 23 21 74 39 41 48 121 0 373
Adult 0 0 0 0 I 0 0 5 0 6
Challenge 0 2 2 0' 0 0 4 8 0 16
Jr. Lifeguard 0 : 2 0 0 0 I 1 2 0 . 6
Private 0 0 0 0 0 0 0 0 6 6
Pool Totals 9 36 24 77 47 58 72 184 6
Session 3 ~ :-~:.:~l~i!~.'i~'~ ~ ?.~a~tro.~ ,~i.~
Infant 0
Preschool 0
Journey 42 42
Adult 0
Challenge 0
Jr. Lifeguard 0
Private 0
Pool Totals 0 0 0 42 0 0 0 0 0
Session 4 ~i~i:~;::!~ale ~-~?~D ~i~:~:~a~tto~?~;:
...... .,
Infant
O'
Preschool 0
Journey 0
:Adult
Challenge 0
0
,Jr. Lifeguard 0
Private 0
Pool Totals 0 0 0 0 0 0 0 0 0
Spring
I Jr. Lifeguard
I Lessons
Lap Swim Totals
July ~,
17 0 0 10 1
18 0 0 23 2
19 0 0 19 3
20 0 1 8 4
21 0 0 8 5
22 0 0 1 6
24 0 0 2 8
25 0 1 8 9
26 0 0 13 10
27 0 0 7 11
28 0 1 4 12
29_ . . 0 0 2 June Total 13
Total 0 3 105 108 15
August 16
17
1 19
2 20
3 22
5 23
6 24
7 25
8 26
9 27
10 29
12 3O
13 31 July Total
14 Total: 0 0 0 0
15
16
17 Itugust Total
Total: 0 0 0 0
Lap Swim Totals
120.
80
60
June July A~ust
Grand Totals
LessonSPool Totals
I 16
I
I Programing 16
Class Totals Pool Lesson Totals
Infant 96
.. Preschool 1 22 .500
Adult Journey 775 21 400 oo
Private 16 ~
Lap Swim Totals o
Ju~e 108 Beale Jastro Jefferson MLK Planz Saunders Siemon S. Creek Wayside
July 0
August . 0 Pool Programing Totals
Total: 108
700
;Jastro 1 Jefferson Jastro2 Saunders Planz 1 65 56 58 1 81 400 200 300 $00
Beale ~Jastro Jefferson MLK Planz Saunders Siemon S, Creek Wayside
Siemon I 3
Siemon 2 64
Siemon 3 20 Session Totals
S. Creek 1 21 6oo
S. Creek 2 65
Total: 385 5oo
40o
Session Totals
Session 1 516 300
Session 2 513 20o-
Session 3 42
Session 4 0 ~00
Total; 1071 o. _
Session 1 Session 2 Session 3 Session 4
Grand Totals
Session Total 1071
Spring Lessons 105
Swim Team Total 385
Lap Swim Total 108
Program Total: 1669
Daily Rec Swim Attendance 2002
June 2002
17 103 0 182 200 83 ' 43 40 221 117
18 178' 0 254 153 119 55 89 173 152
19 169 0 202 206 98 56
20 157 0 273 178 113 72 62 143 108
2'1 273 0 349 273 135 163 92 181 74
2.__~__2 140 0 232 143 132 101 67 139 144
2..__~3 142 0 206 91 107 59 68 84 61
2___~.4 120 44 244 108 53 16 38 155 112
2___~_5 198 ~ 75 178 153 92 42 87 165 129
2.__~_6 209 89 260 160 86 95 93 ' 184 0
2.__~_7 193 90 271 217 108 62 64 133 113
2.__~_8 201 100 303 254 109 103 132
2____~_9 133 4.__.~.~~1 15~5 95 71 61 86 ~'~ ' '
30 109 40 175
~ ~~~ 65 · 7.~~_ ~ 4~5 10~7 3~1
2325 479 ~ ~'~'= 1384 976 1020 2263 1349
.11 Monthly Total: II 15376 II
June Pool Comparison
3500
3000 '~ ....... T : .................. ~ '-'":'-. :: -¥~-T---¥¥'¥' :-'- -':-T ~-T-' T ..... :::T .......................... : .......... . ....... : : .....
2000 ~ '
~5oo :: ::-:::: :: ....... 7
moo ' · - .........
Rec Swim Grand Totals Monthly Rec Swim Year Comparison
Monthly Rec Swim Grand Totals 25000
June 15376 13076 20000 -
July . 0 23673
August 0 10928 15000
Grand Total: 15376 47677 ·
10000
Pool Rec Swim Grand Totals 5000
Beale 2325 0~
Jastro 479 June July August
Jefferson 3284 ~ 2002 ~ 2001
.MLK PP96
Planz 1384
SaUnders 976
Siemon 1020
S. Creek 2263
Wayside 1349
Pool Rec Swim Grand'Totals
3500-
2500 ................ ' . ......
2000
1500
500
0
Beale Jastro 'Jefferson MLK Planz Saunders Siemon S. Creek Wayside
CITY OF BAKERSFIELD
Recreation
&Parl
June 2002 Monthly Report
Adult and Youth sports
Submitted By: Dean Jones, Supervisor 1 -
ADULT SPORTS
Softball
Adult softball summer league started on June 24, we have a total of 72 teams registered, 18 co-
recreational' and 54 mens teams, 1206 adults participa.ting.
League play is on three fields, Beach, Wayside and Dr. Martin Luther King Jr park softball
diamonds. With the addition of the law league( ten teams) that plays at Beach park on Tuesday
we also are using Patriots south softball field.
\
YOUTH SPORTS
Code of Conduct
This is the first youth sports that we instituted our code of conduct policy. All participants,.
parents, and volunteer coaches are expected to exhibit appropriate behavior at all youth sports
programs at all times. Each parent and volunteer coach is required to attend a_ 1 hour meeting
prior to their child participating or coaching in our youth sports programs.
Tee- Ball
The program started on June 8, with our evaluation clinic. Each participant was put through four
softball drills catching, throwing, running and fielding. The clinic was conducted by local high
baseball players from North high and Garces high school. We have a total of 202 participants.
Golf
Our golf lessons have increased each session this year, a total of 82 youth participated
High School Basketball
High school summer basketball league started on June 10, at East high School. All high schools ....
in Bakersfield are playing with the exception of Stockdale varsity, Centennial junior varsity and
Ridgeview frostgsoph, team, which gives us a total of 12 froslgsoph.(Centennial has two ....
frosbYsoph teams), 11 junior varsity and 11 varsity teams participating.
~ CITYOFBAKERSfIELD
Recreation
.... &Parlcs
June 2002 onth Report
Dr. Martin Luther King, Jr. Community Center
Submitted by: Linda McVicker, Recreation Supervisor
David Stricker, Recreation Specialist
Susan Roussel, Recreation Specialist
Dr. Martin Luther King Community_ Center .
The Center had a total of two rentals for the month of June. A week long training was held at the
center for the Aquatics staff, the Game center staff, the Camp King staff and the Silver Creek
Camp Fun staff. EDCD held their community meeting and we had a wedding reception this
month. We began several summer programs in June including a free lunch program co-
sponsored with the Bakersfield City School District, Camp King which has 100 participants on a
daily basis and an evening Quilting Class.
Activity Monthly Attendance Registered Participants
Weight Room 295 *
Game Room 712 *
Camp King 929 100
Basketball Gym 585 *
Tennis Class 200 35
Aerobics ! 09 25
Intemet 137 *
Lunch Program 2,456 *
Cheerleading/Hip-Hop 129 24
Quilting Class 30 20
5,582 180
* Drop-in program
(Registration not required)
DR. MARTIN LUTHER KING JR. CENTER- RENTALS
DATE AGENCY ATTENDANCE
June 1 Wedding Reception 100
June 10 - 14 Camp Staff Training 180
June 10 - 15, Aquatics Training 240
June 27 EDCD 25
Total Attendance 545
Monthly Attendance of all programs including rentals .................. 6,127
Lowell Neighborhood Community Center
Attendance for the Lowell Center during the month of June was 432 participants. Activities
include arts and crafts, sports & games and trips to the Dr. Martin Luther King Jr. Center for
swimming and free lunch. In July the participants will take a trip to the Clovis Lakes Water
Slides.
BAKERSFIELD REGATTA
The Bakersfield Regatta will take place on Saturday, July 6 at 5:00 pm. The event will begin
with model boat build!ng at Beach Park. The boats will be judged and then sent down the river
to yOkuts Park. The festivities will then begin with carnival booths, 'a steal drum band and
awards given to the proud winners. '
SUMMER GAME CENTERS
The Summer Game Centers began June 17. They are located at Jastro Park, Jefferson Park,
Planz Park, Siemon Park and Wayside. Park. The total attendance for the two weeks they were
open in June was 2,818. The game centers are open from 9:00 am to 4:00 pm. Activities at the
centers include sports tournaments, special events, water games, and arts and crafts.
MOVIES IN THE PARK
The attendance for the Movies in the Park has been steadily increaSing. We received rave
reviews from the audience on this event. At Wilson Park we had approximately 400 participants,
at Dr. Martin Luther King Jr. Park we had 150 participants, at Yokuts Park we had 700
participants, and for the last movie at Silver Creek we had over 1,200 participants.
BEALE BAND CONCERTS
The Beale Band Concerts started on June 16. They begin at 8:00 pm and end at 9:00 pm. This
concert series has been established for over 60 years. The attendance for all of the concerts has
been around 450. The last concert will be held on Sunday, July 28. Many of the participants get
there at 7:00 pm to get the best seats and enjoy a picnic before the concert begin.s.
.... CITY OF BAKERSFIELD
Recreation
June 2002 Monthly Report
Silver Creek Community Center
After School Programs -
Keep America Beautiful Program
Leisure ClasSes
Submitted by: Terri Elison, Recreation Supervisor
Colleen Cashmore, Recreation Specialist
Bakersfield B.E.S.T. After School Program
All Greenfield after school programs ended their programs on Tuesday, June 4th. Every
site had a big party for their students. Program evaluations were handed out to all
Greenfield Site Managers and staff. The responses were very positive.
Silver Creek After School Program
Participants celebrated the end of the school year with a big party on June 6th. Parents
were pleased with this program and the opportunity it gave their child to learn new
things while having fun.
Keep 'America Beautiful Program
A Waste in Place workshop was held at Silver Creek on June 17th from 4 - 8 pm and
nine Girl Scouts participated in this event. Waste in Place was also presented at E3
Gardens with 40 students participating. This curriculum focuses on recycling,
beautification, and litter prevention.
KBB continues to finalize the plans for the Liberty Gardens project at City Hall. This
project will consist of a small plaque and patriotic colored flowers and will be completed
the weekend of July 20th by KBB members and volunteers. KBB Committee Member
Burton continues to work on the larger Liberty Gardens project at Fire Station 15.
The KBB committee cleaned Truxtun extension on June 29th. They are committed to
'keep this extension litter free four times a year.
CUB (Clean Up Bakersfield) Program encourages scouts to take responsibility of'
preserving and protecting our natural environment. Five Girl Scouts were awarded this
patch for participating in several community events, such as tree plantings, the Great
American Clean-Up, and Waste in Place workshops.
Other projects the committee are working on are 86-Clean, Adopt an Area, Adopt a
Highway, and the Litter Index Survey.
ATTENDANCE-FIGURES
ActiVity Monthly Attendance TOTAL YEAR
Greenfield Union School District
Fairview... ............ '.; .......................................... 212 23,340
Kendrick .................. · .............. i .... ~ ...................... 304 28,226
McKee ................ ...... , ........................................ 476 47,592
Palla .................................................................. 551 47,629
Pla ntatio n ........................................................... 270 25,960
Planz...' ...298 28,261
Silver,,Creek After School Program ................ 44 2,099
(4-daYs only Mon. - Thurs)
TOTAL ATTENDANCE AFTER SCHOOL PROGRAMS ....... 2,155 203,107
Silver! Creek Rentals ................................................... $640.00 (,~g.,e.oe..ot ~.c~u~o...o.~t.)
The Siilver Creek multi-purpose room and or pavilion was rented 5 times during the
month~of June. The center was rented for a graduation party, a birthday party, family
reunion, school party, and company's barbecue. Total attendance was 980.
:Classes at Silver Creek:
# Registered Total Attendance,
;Ballet'& Gym (6 -11) 15 60
iBallet & Gym (3-5) 26 104
,Calligraphy Workshop no class no class
.Chess 20 80
Clogging 17 68
~Dance & Gym (4-5) 11 44
iDance & Gym (2-3) ' 13 52
Dog Obedience 12 48
iDrawing 7 28
:German no class no class
!SC Gymnastics (Mom & Me) 4 16
:SC Gymnastics (3 -5) 2 8
Jazzercize 9' 180 -
Kardio Kick 22 176
Karate . 32 256
# Registered Total Attendance
Photography 18 18
Pressed Flower Workshop 25 25
Scrapbooking no class no class
Spanish no class no class
Tennis (Child-Beg)' 14 112
Tennis (Child-lnt) 16 128 -
Tennis (Adults) 2 8
Upholstery 10 40 --
Watercolor no class no class ....
TOTAL 275 1451
Classes at Other Facilities
# Registered Total Attendance
Siemon Park -
Tennis (Child) 13 52
Tennis (Adult) no class no class
All Star Dance Studio
Dance & Gym (2 ½ - 4) 3 12
Dance & Gym (4 - 5) 3 12
American Academy of Gymnastics
GYmnastics (3 - 4) 6 24
Gymnastics (K - 6yrs) I 4
Jastro Park
Tennis 8 24
TOTAL 34 128
Keep Bakersfield Beautiful Program
Waste in Place (Girl Scouts) 7 Members/1 Leader
Waste in Place (E3 Gardens 40 Students/2 Leaders
Clean-Up Truxtun Extension 10 Volunteers
TOTAL 60
Silver Creek Day Camp..,'. ................... 430
Session 1 ...... 43
The Silver Creek Day Camp started June 17th, The 1st week theme was "Planes, Trains
and Automobiles" and highlights included a field trip to the Tehachapi Windmills, Mt.
Valley Airport, and the Heritage Museum and a demonstration by Bakersfield Aviation.
The 2nd week theme was "There's No Business Like Show Business" and highlights
included a field trip to the Bakersfield Californian and Radio Disney and a parent show
where our campers put on a puppet show and two original dances. Campers also
enjoyed swimming, kareoke, learning magic tricks, and making paper mache hot air
balloons.
Mini Hawk Sports Camp ...................... 60
Participants ..... 12
This sports camp for 4 to 7 year olds targeted~teaching basketball, soccer, and
baseball. EverYone enjoyed the individual attention theYreceived from the counselors
and each participant received a mini-basketball and t-shirt.
Bike Rodeo ........................................... 200
This event was on June 22nd at Silver Creek. Each child went to eight stations and
learned about traffic laws and how to ride safely on the road. Parents also attended a
station. All .participants had the opportunity to win prizes from the free drawing. This
event was sponsored by the Recreation and Parks Department, Police and Fire
Department, and John Lotze, Certified Instructor with the League of American
Bicyclists.
Attendance Silver Creek Center:
Rentals ......................................... 980
After School Program ................... 44
Classes ........................................ 1451 Registrations Taken: 562
Meetings & Trainings ................... 259 # of Guests Served: 728
T-Ball Program ............................. 864 (The # of Guests served does not include registration)
Day Camp .................................... 430
Mini Sports Camp ......................... 60
Bike Rodeo .......... ' ......................... 200
Movie in the Park..i ....................... 1200
TOTAL .................... 5,488
CITY OF BAKERSFIELD
Recreation
&Parlcs
PARKS DIVISION '
JUNE, 2002 MONTHLY REPORT
BUSINESS IS BOOMIN'
As summer rolls in so do' reservations for park facilities. June 2002 was no exception as 200
reservations were made with an estimated attendance of 31,000. Most reservations were for family'
picnics or birthday celebrations. Larger events included local television station KGET's annual
Kidsfest which inspired an estimated 10,000 people to turn out. Of course this is only part of the
story as thousands of others found their way to local parks' without formal reservation.
WET PLAYGROUND
After months of review and design, plans for our first wet playground were submitted to Kern
County Health Officer for review and approval. Since this is venturing into new territory, we are
unaware ofan0ther wet playground in Kern County, some concern and negotiation was required in
the approval process. Never the less, we are now proceeding with preparation of bid documents.
We are targeting having the plans out for bid by late July.
RIVER OAKS IS ROARIN'
Roarin' may be a slight exaggeration. Non the less, water was flowing in the Kern River as Parks
Division accepted maintenance requirements for River Oaks Park. Located along the Kern River,
River Oaks begins at the south side of the Kern River bridge at Stockdale Highway then follows the
river to the southwest.
Phase 1 and 2 total approximately 7 acres of turf, trees, and meandering sidewalk. Phase 3 is
currently in design and will include an additional 2-3 acres plus picnic area and playground. What
a wonderful compliment to other projects underway including Rio Vista Park, soccer park o. nd. 10
acre lake north of Stockdale/Kern River bridge, Windermere Park (west of Buena Vista and north
of White Lane), 8.5 mile extension of Kern River Parkway from Stockdale Bridge to Enos Lane.
What an exciting time!
GOSSFORD MEDIAN
Aside fi.om the major roadway re-build project underway, another task was undertaken. Recognizing
the effort an expense involved in the roadway re-build, Streets and Parks Division collaborated in
a re-construction of the interior area of the median from Ming north to Stockdale Highway. Streets
removed existing turf in order to reduce the above curb height of the turf. In addition, they included
a new 18' wide ~concrete hardscape along the medians perimeter.
All this in an effort to better contain irrigation water within the median rather than allowing runoff
onto the street surface. Parks Division coordinated installation o£new irrigation system utilizing a
low angle sprinkler head in an effort to better control irrigation water. This follows previously
installed electronic irrigation time clocks which provide better control of time and:sequencing of
irrigation.
Parks personnel will also test either CT-3 Bermuda or Xzoisia turf, both relatively new hybrid turf
which requires less water than other specialty grasses.
CENTENNIAL PLAZA FOUNTAIN
At long last we are making headway for retuming Centennial Plaza's 100 pop jet fountain to
operation. We previously identified problems with the original 3-stage valves. A prototype
replacement valve assembly was developed and installed for testing. Then a previously unforseen
moisture problem was discovered.
After prolonged, extensive research we believe we have successfully addressed the moisture issue.
Starting as early as 4am, staff have ben working on and under the fountain to resurrect use of the pop
jet fountains. We anticipate test running the fountain in a limited capacity over the next 45-60 days
to further trouble shoot and test operate the system. Once all the moisture damaged control valves
are replaced we will proceed with replacement of the 100 water valve assemblies.
mil I I I I I
BAKERSFIELD CENTENNIAL GARDEN
& CONVENTION CENTER -
MEMORANDUM
TO: ALAN TANDY, CITY MANAGER
FROM: JIM FOSS, EXECUTIVE DIRECTOR
DATE: JULY 5, 2002
SUBJECT: CITY COUNCIL REFERRAL REGARDING ACCESSIBILITY
AT THE CONVENTION CENTER
In response to Mr. Bob Mahaffey's statement at the June 26, 2002 City Council
Meeting regarding accessibility issues at the Bakersfield Convention Center,
SMG staff are committed to assisting the City of Bakersfield in achieving the
most accessible facility possible.
SMG staff has obtained a copy of the Americans with Disabilities Act (ADA)
Readily Achievable Transition Plan for the Bakersfield Convention Center. Mr.
Mahaffey's complaint of access to the upper meeting rooms in the Convention
Center, is not listed on the Plan' as an area for alteration. The area of compliant
is most likely not listed on the Plan due to it being "technically infeasible" to alter
as noted under Item 4.1.6 (1) (j), and due to "cost and scope" under Item 4.1.6
(2) of the ADA. Copies of the Plan and ADA Items are attached for your review.
Please be advised that a committee. has been formed consisting of both City and
SMG staff, to ascertain any remaining barriers to accessibility and ways to
correct them if feasible.
If there are any questions or further information is needed, please contact me at
your convenience.
Attachments
cc: Hank Abate
Steve Womack "
Scott Lofton
Kelly Fick
CITY OF BAKERSFIELD
AMERICANS WITH DISABILITIES ACT (A.D.A.)
READILY ACHIEVABLE TRANSITION PLAN
LOCATION' Bakersfield Convention Center PROJECTION
1001 Truxtun Avenue Start Finish. CORRECTION
Bakersfield, CA 93301 Cost .Date Date .CODE
· EXTERIOR:
1. Add two parking spaces accessible to
the di sabl ed. ~C~ 400 8/92 8/92 4.1 & 4.6
2. Install §uard~ail at access ramp q~l~ ~'~ 800 FY-93-94 FY-93-94 Commit'tee
Recommeno
3. I'n lieu of Towering Counter windows
at box~ office, ticket sellers will ~.~4~. ~.~
provide information a.nd transact.ions ~"-~°'~
· at customer's side. I~ 7/92 FY-93-94 4.32
4. Sidewalk between new storage and
arena portico including curb cut · 800 FY-93-94 FY-93-94 4.7
:~. :~.~L,".b C',~ ~c ......,-.,,t..~,,.. ~,,-~ ...r_... r~,-r.p ..,...,
OTHER:
1. Add, replace or modify alt interior-..-, ~
and exterior signs 3,000 ~ FY-9'3-94 FY-93-94 4.30
2. Install infra-red hearing device(s)
for Concert Hall, Arena & Meeting Rooms 30,000 FY-93-94 Fy-93-94 4.33
3. Install telecommunications display device
(T.D.D.) in box office ,"~'r,'-'~ 700 FY-93-94 FY-93-94 4.31
-~. Devise mechanism'for increasing dining
table heights '.for use with wheelchairs4' 350 FY-93-94 FY-93-94 4.32
5. Install 4) acceptable lavatory control~,
handles 500 FY-93-94 FY-93-94 4.27.4
6. .Replace twist-type door hardware at~.,~ ,~o
g~ ~>~ .1 ocati ons 11,385 FY-93-94 FY-93-94 4.13.9
7. Install emergency exit type hardware at
administrative office entry/exit door ~ 500 FY-93-94 FY-93-94 4.13.9
8. 2) platform lifts-for stage and head
table access for mobility impaired .m~ Unknown FY-93-94 FY~93-94 4.11'
~, ~ r-- ~ I'~,' ..
'.~CONCERT HALL: ~'
1. Extend hand rail at terrace steps ~{~'
at 10 1. o~ations 2,500 FY-93-94 FY-93-94 4.26
2. Modify existing seating system for ~? ' ,'
additional mobility impaired seating 6,500 FY-93-94 FY-93-94 4.33
.CONCESSION STANDS ($)~
1. Attendants to'provide pre~packaged ~
~service as needed .. ¢ 7/92. FY-93-94 4.32'
VARIOus-
Unanticipated readily achieVable tasks 15,000 FY-93-94 FY-93-94 Various
'PROJECTED EXPENDITURE TOTAL: $72,435
Pt. 36, App. A 28 CFR Ch. I (7-1-94 Edition)
~ 4.1.6 Accessible Buildings: Alteration
affects or could affect the usability of an area (ii) alterations to one or more exterior or
containing a primary function shall comply interior public pay telephones occur in an
with 4.1.6(2). existing building or facility with four or more
· public telephones with at least one in an
4.1.6 ACCeSSible Buildings: Alterations. interior location.
' (0 ff an escalator or stair is planned or
(1) General. Alterations to existing buildings installed where none existed previously and
and facilities shall comply with 'the following:, major structural modifications are necessary
for such installation, then a means of acces-
(a) No alteration shall be undertaken which sible vertical access shall be provided that
decreases or has the effect of decreasing '
accessibility or usability of a building or facility complies with the applicable provisions of 4.7,
below the requirements for new construction at 4.8, 4.10, or 4.11.
the time of alteration. ~ In alterations, the mqulrements of
4.1.3(9), 4'.3.10 and 4.3.11 do not apply.
(b) If existing elements, spaces, or common
areas am altered, then each such altered
element, space, feature, or ama shall bomply (h)* Entrances: If a planned alteration entails
alterations to an entrance, and the building has
with the applicable provisions of 4.1,1 to 4.1.3 an accessible entrance, the entrance being
Minimum Requirements (for New Construc- altered is not required to comply with 4.1.3(8),
tion), ff the applicable provision for new con- except to the extent required by 4.1.6(2!. If a
struction requires that an element, space, or partiodar entrance is not made accessible,
common area be on an accessible route, the
altered element, space, or common area is not appropriate accessible signage indicating the
- location of the nearest accessible entrance(s)
required to be on an accessible route except as shall be installed at or near the inaccessible
provided in 4.1.6(2) (Alterations to an Ama entrance, such that a person with disabilities
Containing a Primary Function.) will not be required to retrace the approach
(c) If alterations of single elements, when route from the inaccessible entrance.
considered together, amount to an alteration of (i) If the alteration work is limited solely to.
a room or space in a building or facility, the
entire space shall be made accessible, the electrical, mechanical, or plumbing system,
or to hazardous material abatement, or auto-
(d) No alteration of an existing element, matic sprinkler retrofitting, and does not
involve the alteration of any elements or spaces
space, or ama of a building or facility shall required to be accessible under these guide-
impose a req.u~rement for great, er a,c~cessibility lines, then 4.1.6(2) does not apply.
than that which would be reqmre~ ior new
construction. For example, ff the elevators and 0) EXCEPTION: In alteration work, if compli-
stairs in a building am being altered and the
elevators am, in turn, being made accessible, ance with 4.1.6 is technically infeasible,.the
alteration shall provide accessibility to We
then no accessibility modifications are required maximum extent feasible. Any elements or
to the Stairs connecting levels connected by me features of the building or facility that am being
elevator. If stair modifications to correct unsate altered and can be made accessible shall be
conditions are required by other codes, the
modifications shall be done in compliance with made accessible within the scope of the alter-
ation.
these guidelines unless technically infeasible.
(e) At least one interior public text telephone Technically Infeasible. Means, with respect to
complying with 4.31.9 shall be provided if: an alteration of a building or a facility, that it
has little likelihood of being accomplished
because existing structural conditions would
(i) alterations to existing buildings or. require removing or altering a load-bearing
facilities with less than four exterior or interior member which is an essential part of the
public pay telephones would increase the total structural frame; or because other existing
number to four or more telephones with at physical or site constraints prohibit
least one in an interior location; or modification or addition of elements, spaces, or
11
5O2
Department of Justice Pt. 36, App. A
4.1.6 AccesSible Buildings: Alterations
feattwes which are in full and strict compliance (ii) A slope between 1:8 and 1:10 is allowed
with the minimum requirements for new for a maximum rise of 3 inches. A slope steeper
construction and which are necessary to than 1:8 is not allowed.
provide accessibility. Co) Stairs: Full extension of handrails at
(k) EXCEPTION:' stairs shall not be required in alterations where
such extensions would be hazardous or
(i) These guidelines do not require the impossible due to plan conf~qffation.
of an elevator in an altered facility
that is less than three Stories or has less than (c) Elevators:
S,000 square feet per sto. ry u .nless ~ ~uilding
is a shopping center, a shopping mau, me (i) ff safety door edges are provided in
professional office of a health care provider, or existing automatic elevators, automatic door
another type of facility as determined bythe reopening devices may be omitted (see 4.10.6).
Attorney_General. (ii) Where existing shaf~ configuration or
(ii) The exemption provided in .~ ~ ~.h (i) technical infeasibility prohibits strict compli-
does not obviate or limit in any way me oonga- ance with 4.10.9, the minimum car plan dimen-
tion to comply with the other accessibility sions may be reduced by the minimum amount
requirements established in these guidelines, necessary, but in no case shall the inside car
For example, alterations to floors above or area be smaller than 48 in by 48 in.
below the ground floor must be accessible
m~ardl~ of whether the altered facility has an (iii) Equivalent facilitation may be provided
elevator, ff a facility subject to the elevator . with an elevator car of different dimensions
exemption set forth in .par~gra,ph (!! n.on~eth? when usability can be demonstrated and when
less has a full passenger elevator, mat elevator all other elements required to be accessible
shall meet, to the maximum extent feasible, the comply with the applicable provisions of 4.10.
accessibility requirements of these guidelines. For example, an elevator of 47 in by 69 in ( 1195
· mm by 1755 mm) with a door opening on the
(2) Alterations to an Area Containing a narrow dimension, could accommodate the
Primary Function: In addition to the require- standard wheelchair clearances shown in
ments of 4~ 1.6(I), an alteration that affects or Figure 4.
could affect the usability of or acces~ to an area
containing a primary functio.n shall be made so (d) Doors: ·
as to ensure that, to the maxunum extent
feasible, the path of travel to the altered area (i) Where it is technically infeasible to
comply with
and the restrooms, telephones, and ~ clear opening width requirements
fountains serving the altered area, are rea thy of 4.13.5, a projection of 5/8 in maximum will
accessible to and usable by individuals wi be permitted for the latch side stop.
disabilities, unless such alterations ? dispro2
portionate to the overall alterations m terms ot (ii) If existing thresholds are 3/4 in high or
cost and scope (as determined under criteria less, and have (or are modified to have) a
_established by the Attorney General). beveled edge on each side, they may remain.
(3) Special Technical Provisions for Alter- (e) Toilet Rooms:
ations to Existing Buildings. and FaCilities: (i) Where it is technically infeasible to
(a) Ramps: Curb ramps and interior or comply with 4.22 or 4.23, the installation of at
least one unisex toiletlbathroom per floor,
exterior ramps to be c_o .n?...t~ucte~l. on sites or in located in the same area as existing toilet
existing buildings or facilities wl~ere space facilities, will be permitted in lieu of modifying
limitations prohibit the use of a 1:12 slope or
less may have Slopes and rises as follows: existing toilet facilities to be accessible. Each
unisex toilet room shall contain one water
(i) A slope between 1:10 and 1:12 is allowed closet comPlying with 4.16 and one lavatory
for a maximum rise of 6 inches, complying with 4.19, and the door shall have a
privacy latch.
503
BAKERSFIELD ,
PUBLIC WORKS DEPARTMENT
MEMORANDUM
TO: ALAN TANDY, CITY MANAGER
FROM: RAUL M. ROJAS, PUBLIC wORKS DIRECTOR
DATE: JULY 8, 2002
SUBJECT: SOLID WASTE UPDATE AND WORKSHOP
Council Referral #000129
Councilmembers Benham and Maggard requested staff schedule a workshop for the
July 10th Council Meeting for the purpose of providing an update on progress by the
Solid Waste Management Advisory Committee.
In advance of the July 10t~' workshop, staff has provided the following background on this
subject:
At the March 19, 2001 joint meeting of the City Council and Board of Supervisors, the City
thanked the Supervisors for implementing universal refuse collection, and then identified
another solid waste issue which needed the County's cooperation. Because of community
interest in curbside recycling, the City asked for an economic incentive for residential
recycling in the County landfill fees. The County said that this would be considered in its
future study of the landfill fee structure.
County staff has indicated that a landfill fee increase is needed in Fiscal Year 2003-04 to
maintain the current system, and has retained former County employees Joel Heinrichs
and Roland Burkert as consUltants for study of the rate structure. City staff has worked
with the local haulers, County staff, and their consultants for several months in an Ad Hoc
Committee to identify landfill fee issues and create a list of alternative strategies. Recently,
Ad Hoc meetings have included City and County elected officials who serve on the
SWMAC. Issues identified by the Ad Hoc Committee have been addressed with varying
degrees of progress, as described below:
1. State Recyclin~l Mandate
The City reached a 49 percent recycling level for the year 2000, and should be over
the state mandated goal of 50 percent in the near future. After working through some data
G:\GROUPDAT~Referrals~2002~2C Mtg 6-26~00129-So[id Waste.wpd
and calculation issues with the County, a difference between estimates by the two
ju~:isdictions has been resolved in the committee. According to preliminary results in the
pilot program, the City's recycling rate may increase about 1 percent if the voluntary
curbside program is expanded. As the new construction and demolition (C&D) material
recycling facility at Mt. Vernon gets going, the City's recycling rate should increase by a few
percent. The facility is currently in a startup mode, handling a limited number of loads
before opening to the public.
2. Maintaining and Increasing Recycling Levels
With both jurisdictions hovering around the 50 percent mark, the County has
discussed ways to increase recycling levels if needed. At the request of Supervisor
McQuiston, the County consultants estimated additional fees for the cost of adding new
recycling facilities and programs to go well beyond 50 percent. However, this strategy has
been considered much too costly, and will not be pursued by the committee.
Staff has identified a fairly Iow cost option by which the City and County could
improve' their recycling rates. If the County would set policy to refuse accepting
greenwaste for disposal at landfills, there would be landfill operating cost savings, and the
greenwaste could go to existing recycling programs. Currently, many gardeners and self-
haulers mix commercial trash with greenwaste, and get free admission to the' landfill by '
claiming their load is from a residential source. (Residential waste is not charged a gate
fee, because of the countywide residential land use fee.) Because greenwaste could be
from either a commercial or residential source, the benefit of doubt is given to the landfill
user, resulting in an incentive to abuse the system. As a result, residents and paying
landfill users.effectively subsidize this practice. This discourages recycling of greenwaste,
and creates an unintentional subsidy of commercial users.
3. Cost of Programs Serving County Constituents
The City funds AB 939 programs for its constituents through refuse collection fees.
In contrast, some programs serving County constituents are funded from a pool of landfill
fee revenue collected from City and County sources. Thus, City residents and businesses
effectively pay a portion of the cost for those outside the City to have these programs. The
committee has determined that about $1 million per year ($650,000 for greenwaste
processing, $250,000 for hauling administration, and $100,000 for cleanups in County
areas) should be funded 'from County sources only. However, separating the pool of
revenue within the countywide landfill fee system would require different fees for City and
County constituents in the metro area, which poses a challenge for the County.
Nevertheless, programs for non-city users should not be paid for by revenue from
City sources. Due to this problem, the consultants have proposed the concept of a
"recycling surcharge" to fund the County's non-city AB 939 related activities. However,
it may be difficult to charge landfill users different fees according to their jurisdiction.
Therefore, the consultants have further proposed that a "regional recycling surcharge" be
collected from booth City and non-city constituents alike, so that both City and County
G:\GROUPDA'r~ReferralsU002K2C Mtg 6-26'~000129-So[id Waste. wpd Page 2 of 6
recycling programs would be funded by the same source. They propose that the City could
then lower its refuse collection fees instead of continuing to fund its own AB 939 programs.
There are some disadvantages that staff has concerns about. These include:
A. Effectively, this would make the County a bill collector for part of the City's solid waste
budget. There could be extra administrative costs for this.
B. City program funding would be at least partially controlled by others, ~nd City programs
could be affected by non-city constituents County staff, or the Board of Supervisors.
C. Currently, the City's recycling program cost is integrated into its refuse collection rates,
to the extent that collection and processing of greenwaste is covered. The proposed
"regional recycling surcharge" would only address the processing costs
D. The Proposition 218 process for rate reviews would be more complex, and may involve
other legal issues.
E. Unless the proposed "regional recycling surcharge" varies according to jurisdiction to
cover the respective programs, this scheme would simply transfer the problem of pooled
revenue noted above from the current landfill fee inequity to a new recycling fee inequity.
If fees can be varied by jurisdiction, perhaps it would be better if the County simply funded
its program with a landfill fee surcharge for non-city users. ~
The City Council should consider whether a "recycling surcharge" on landfill fees
should be regionalized and imposed upon City residents and businesses as a means of
helping the County resolve the issue of funding non-city programs. Staff has suggested
that the County incorporate AB 939 costs into its refuse collection budget as the City has
historically done.
4, Parity of Commercial and Residential Landfill Fees
Due to recycling efforts, disposal amounts have decreased, but some of the landfill
costs have decreased while others stayed the same. This leaves the landfill fee structure
out of sync with the amount of waste disposed. The County has set a goal to evaluate its
three types of landfill fees (residential land use fee, commercial bin fee, and the per-ton
gate fee), and to make them be on par with each other, relative to the amount of waste
being disposed of countywide. The County has resisted staff's requests for consideration
of the land use fee to be compared with the amount of residential waste disposed of by
jurisdiction. This would give Bakersfield the economic incentive it seeks for residential
recycling, but would present a challenge and a potential revenue reduction for the County.
Draft figures from the County's consultant indicate that, without even addressing the
issue of an overall rate increase, the commercial refuse gate fee of $29 per ton should be
increased by 5.5% to $30.60, and the $57 residential land use fee should be left at its
current level. The draft figures also show a proposed 19% reduction in the current $2 per
G:\OROUPDAT~Rcferrals~002\CC Mtg 6-26~00129-Solid Waste.wpd Page 3 of 6
cubic yard bin fee, to make it on par with the new $30.60 per ton fee. According to the
County consultant, the proposal is made as a result of averaging countywide weights and
volumes of refuse. However, review of the data and calculations by City staff should be
made before moving forward on this topic.
The proposed "parity adjustment" would cost the City about $600,000 annually, and
would eliminate the funds designated for the landfill cap. Under the current fee structure,
the City has been able to save this amount by paying commercial landfill fees by weight
instead of by volume. Under the proposed revision, there would be $125,000 in higher
payments to the County, and $475,000 less revenue from commercial refuse billing.
In addition to these impacts on the City budget, many City businesses combined
would pay another $125,000 directly to the County for individual loads hauled by their own
business trucks and by industrial compactor service provided by the City. Thus, the
proposed "parity adjustment" will have the effect of a rate increase for a large sector of the
business community. The impact will be greater if an overall landfill rate increase sought
by the County is added to this "parity adjustment".
While the pr.oposed "parity adjustment" seems to be intended to place all refuse on
the same cost-per-ton basis countywide, it fails to recognize significant differences in
residential disposal among regions, and continues the use of a fiat fee for residences.
Unfortunately, the proposed "parity adjustment" ignores the fact that Bakersfield residents
are disposing of much lesS refuse than other areas. Thus, the proposed "parity
adjustment" would deny Bakersfield the opportunity to save money through residential
recycling, while costing the City more for commercial disposal. As a result, there seems
to be no progress toward the City's original request for an economic incentive for
residential recycling.
One committee discussion on fee parity included the possibility of changing the
landfill fees to a strictly "pay as you go" system, which would charge by the ton instead of
through land use fees and bin fees. While this type of system is the most common and has
a built-in incentive for recycling, it has not been used for Kern County residential refuse.
Back in 1997, the County proposed establishing such a system in response to Proposition
218. However, at the threat of suit by several cities from fear of increased illegal dumping
associated with the lack of universal collection and public opposition to gate fees, the
County retained the system of land use fees. Since then, universal collection has been
established in some areas around the County. However, while this may make "pay as you
throw" more attractive, cities must consider whether they are willing to assume including
the cost of landfill fees in their City residential refuse charges, as they do with the
commercial charges, rather than having the County continue to collect landfill fees. Doing
so may make it simpler for the County to make overall rate increases.
5. Air Emission Reduction Potential
Prior to the San Joaquin Valley Air District's consideration of a change to an
G:\GROUPDATW. eferrals',2002~CC Mtg 6-26R)00129-Solid Waste.wpd Page 4 of 6
extreme rating, the refuse collection industry is already facing challenges to comply with
state and federal mandates for heavy truck emissions. The City has begun using refuse
trucks powered by alternate fuels, at significant extra cost. Although grant monies have
offset much of these costs, future grant funds are not assured. If the local air district's
change is approved by the EPA, there will be additional challenges for refuse truck fleets,
as well as recycling and landfill operations. This situation may result in the need for refuse
collection service and landfill rate increases due to the cost of compliance.
As a result, the committee has been considering changes in the refuse collection
and disposal system for Metropolitan Bakersfield. Conversion of the public and private
refuse truck fleets to alternate fuels will likely have a significant cost. Another possible
option, taking the system as a whole and including all landfill users, may be to use a
transfer station close to town in order to reduce our area's air emissions. This may involve
several aspects of the solid waste system, beyond route collection:
A, Large refuse truck loads could be consolidated into transfer trailer rigs to reduce
highway trips to the landfill.
B. Small, self-hauler truck loads could also be consolidated.
C. Refuse received at a transfer station could be compacted indoors with electrically-
powered equipment, reducing the amount of diesel exhaust from landfill equipment.
D. Precompacted loads from a transfer station would be handled with a minimum of dirt
movement at the landfill, reducing dust emissions.
E. Directing all refuse loads through a transfer station also provides the opportunity.to
recycle as loads are handled. Thus, there is potential to gain recycling progress as a side
benefit of a program designed to curb air pollution.
It should be noted, however, that a transfer station would add to the overall cost of
disposal. The cost of this versus conversion to alternate fuels for refuse fleets must be
estimated and compared, with possible "clean air grants" considered. And, it is not yet
known whether emissions reduction from a transfer system would satisfy the requirements.
Staff will be working on this as the air emission rules develop.
Summary
Progress has been made regarding the difference in AB 939 scoring methods used
by the City and County. Both jurisdictions are at or near the 50% recycling level, and the
City has recommended banning greenwaste from landfills as the least costly method to
increase recycling. While extra recycling efforts may not be needed as the C&D recycling
program develops with the haulers, this would also improve the County's landfill bottom line
· by preventing abuse of the system.
The issue of County programs being paid for by County sources has been
considered, but remains difficult to resolve unless the County establishes its own distinct
funding source. A regional recycling surcharge has been proposed by the County to pay
G:\GROUPDAT~Referrals~002~CC Mtg 6-26xB00129-Solid Wasie.wpd Page 5 of 6
for AB 939 programs, but this has disadvantages for the City. County consultants have
suggested that a regional waste authority may be able to solve these issues, but this
reduces the City's control over its programs and funding. Parity between three types of
landfill fees has been discussed, and proposed adjustments, without net fee increases,
would negatively impact the City and business community. The question of fee parity,
relative to the amount of residential waste disposed, relates to the need for an economic
incentive for residential recycling. Direction is needed in this area.
Finally, the advent of tighter air pollution control requirements added to existing ones
for refuse vehicles may result in new costs and new approaches to reduce emissions.
Reducing highway travel through the use of a transfer station may be one option, which
may also present the opportunity to increase recycling. The higher cost of a transfer
system needs to be weighed against other compliance costs.
G:\GROUPDAThReferrals~2002'~CC Mtg 6-26x000129-Solid Wa,qte.wpd Page 6 of 6
B A K E R S F I E L D
MEMORANDUM
TO: ALAN TANDY, CITY MANAGER
FROM: /~'JSTANLEY C. GRADY, PLANNING
DIRECTOR
DATE: July 8, 2002
SUBJECT: NOTIFICATION OF PROPERTY OWNERS
Council Referral No. WF0019167
COUNCIL MEMBER COUCH REQUESTED STAFF TO REVIEW THE FEASIBILITY
OF SENDING WRITTEN NOTIFICATION TO SURROUNDING PROPERTY
OWNERS UPON RECEIPT OF APPLICATION FOR NEW DEVELOPMENT. STAFF
IS TO PROVIDE REPORT BACK TO COUNCIL.
BACKGROUND:
Public notice is currently provided in accordance with State Law for all planning cases that are
subject to public review where discretion may be applied during the project review process.
Public notice is given to property owners within 300' of a project site for cases that are subject
to public hearings. To give public notice when there is no discretion would be misleading the
public into thinking that they have an opportunity to impact the decision making process for
some aspect of a particular project at a time when they do not.
Public notice is an obligation that is set forth in the legal requirements which govern the city's
land use planning and zoning authority. The obligation is met when we comply with the
provisions of CEQA and planning and zoning law. A summary of the requirements is attached.
Advance notice of a public hearing can be as short as 10 days but may be as long as 45 days
depending on the project type and location. Current law doesn't require public notice when an
application has been accepted for processing. The statutory notice requirements that are
followed represent minimum requirements. Any modifications to the process would be in
addition to, and not a replacement of, existing requirements.
There are three hearing bodies which are managed by the Planning Division. Each has a
different hearing schedule. The Board of Zoning Adjustment meets once a month. Hearings
are scheduled 46 days from the application due date. Site Plan Review hearings are conducted
twice monthly and are held 39 days from the application date. Planning Commission hearings
are 69 days from the application due date and are held twice monthly. General Plan
Amendments are major hearings heard by the Planning Commission four times per year. The
hearings are on a schedule that corresponds to the Commissions regular meeting dates. That
corresponding date is usually reserved for general plan hearings. The hearing is usually 90
days from the application date.
Alan Tandy
May 1 O, 2002
Page 2
CONSIDERATIONS:
When considering this issue it is worth noting that some cases have more public interest than
others. Examples of cases with greater public interest are general plan amendments, certain
zone changes and conditional use permits. However, there have been cases where a proposed
division of land has generated public controversy.
As a general rule the further away from issuance of a building permit that a project is in the
review process, the opportunity for discretion may exist and when applied to project review
creates the potential for controversy. Therefore, it would be expected that projects like site plan
review, parcel map waivers and lot line adjustments, which occur close to issuance of a building
permit would create little controversy. Therefore, one consideration for this issue is to what type
of project would the subject notice apply? General plan amendments would be the projects that
could accommodate multiple notice because of the three month time period between
application submittal and public hearing. Processing time for most other cases is compressed
to the point where multiple notices would not add meaningful time to the public process.
There would be extra cost associated with sending out public notices twice, once when an
application is received and accepted as complete and again to set the public hearing. With the
exception of general plan amendments, our compressed processing schedule could result in
public notices being mailed within a few weeks of each other.
The attached table graphically presents case processing time frames for various planning
applications. What is shown is that there are as few as 2 days and as many as 39 days
between application completeness and giving notice of a public hearing. Providing public notice
upon receipt of a new application could result in an increase in processing time in order to
reduce potential overlap of notices due to mail delivery, or it could result in confusion because
notices given before a case has been deemed complete could be misinterpreted as a statement
that a case is complete.
One intent of the additional public notice maybe to provide an opportunity for the public to
influence decisions related to a case at a point other than the public hearing. Another intent
could simply be to let the public know a case is pending at the earliest point prior to giving
notice of the public hearing. However, the only real opportunity the public has to influence the
outcome of a case is at the Public hearing on the case or during the comment period for the
proposed environmental document. If there is a desire to implement a policy to provide notice of
pending applications perhaps we coUld apply the policy to general plan amendments and
concurrent applications because they have a longer processing time frame than the other
applications.
SG:djl
Attachment
CC: Jack Hardisty, Development Services Director
Rhonda Smiley, Office Administrator/Public Relations
P:\CCReferral\WFO019167.wpd
Governor's Offic~ of Planning and Research
Public Notice and Land Use Planning: An Overview
III. CEQA
The California Environmental Quality Act (CEQA) (Public Resources Code §21000, et seq.) includes many
procedural requirements that the practitioner must keep 0'ack of, including those for notice and review.. This section
will cover the three basic Steps of-CEQA and the related requirements under exemptions, negative declarations, and
environmental imPaCt reports (EIR).
It is important to note that as intended by the Legislature, the legal requirements for providing public
notice under CEQA will, under normal circumstances, be met when the agency "makes a good faith
effort to follow the procedures prescribed by law" (Newberry Springs Water Association v. County of San
Bernardino (1984) 150 Cai.App. 3d 740).
Exemptions:
CEQA exempts a number of specific types of projects from its provisions under two broad categories of exemptions,
statutory and categorical. After approving a project for which an exemption was employed, the lead agency may file
Notice of Exemption with the county clerk and, when the lead agency is a state agency, OPR. Notices of Exemption
must be available for inspection within 24 hours and remain posted for a minimum of 30 days. When filed with the
county clerk, at the end of the 30 days the clerk must return the notice to the lead agency who must then retain it for
not less than 9 months. The filing of this notice begins a 35 day statute of limitations on legal challenges to the
agency's decision. If a notice is not filed, a 180 day statute of limitations applies from the date the project is app~7ovee
or commencement of the Project where no formal approval is required.
Negative Declaration:
A negative declaration may be adopted when there is no substantial evidence in light of the whole record that the
project may resUlt in a Significant adverse environmental effect. This would include projects for which a potential
effect was identified, but-revisions or mitigation measures imposed on the project will avoid the effect or'reduce it to
a level of insignificance (mitigated negative declaration).
A lead agency must pro'vide notice of the intent to adoPt a negative declaration or mitigated negative declaration to
the public, responsible agencies, trustee agencies, and the county clerk of each county within which the proposed
project is located (CEQA Guidelines § 15072). The county clerk must post the notice within 24 hours of receipt. The
notice of intent shall provide a review period of not less than 20 days. When submitted to the State Clearinghouse fo3
review by state agencies, the review period must not be less than 30 days, unless a shorter review period, of not less
than 20 days, is approved by the Clearinghouse (Public Resources Code §21091).
The lead agency must mail the .notice of intent to the last known name and address of all organizations and
individuals who have previously requested notice and shall also provide notice in at least one of the following ways
allow time fOr public review consistent with the previously stated time limits: '
(a) Publication at least once in a newspaper of general circulation in the area affected by the proposed project. If mm
than one area is affected, the notice shall be published in the newspaper of largest circulation from among the
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'newspapers of general circulation in those areas;
~Co) Posting of notice on and off-site in the area where the project is robe located; or
(c) Direct mailing to the owners and occupants of contiguous property shown on the latest equalized assessment roll.
Notice must be given to transportation planning agencies and public agencies, with transportation facilities within the'
jurisdiction for projects which have statewide, regional, or areawide significance (Public Resources Code §21092.4).
A lead agenCy is not precluded from providing additional notice by other means, nor is it precluded from providing
the notice at the same time and in the same manner as the public notice required bY any other laws pertaining to the
project so long aS the appropriate CEQA noticing requirements are met.
The notice of intent must include all of the following (CEQA Guidelines § 15072):
(a) Project description and location
(b) Review periods including the beginning and ending dates for'which the lead agency Will accept
comments. If a shortened review period is approved, the. notice must state that it will be a Shortened
review period.
(c) The date, time, and place of any scheduled public meetings or hearing to be held by the lead agency
on the proposed project, when known to the agency at the time the notice is given.
(d) The address(es) where copies of the negative declaration may be obtained or reviewed during
business hours, including any revisions or mitigations to the projeCt and all project related documents.
(e) Statement of the sites presence on any of the lists compiled by the Department of Toxic Substances
Contr01(Cal-EPA) under Government Code §65962.5 including, but not limited to hazardous waste
facilities, hazardous waste property, hazardous' waste disposal sites, and the information in the Hazardous
Waste and Substances Statement required under subsection (f) of that section.
(f) Any other information specifically required by statute or regulation for a particular project or project
type
The lead agency must file a Notice of Determination within 5 working days (15075(d)) after it approves a project. If
local agency is .the lead agency, the notice must be filed with the county clerk of the county or counties in which the
project will be located. If the Project requires discretionary approval from a State agency, or a state agency is the leac~
agency, the nOtice must also be filed-with the' State Clearinghouse. The Notice of Determination must be posted and
available for public inspection for a period of at least 30 days (CEQA Guidelines § 15094)."
Filing a Notice of Determination within the 5 working days begins a $0 day statUte of limitations on court challenge~
to approval~ Otherwise, the statute of limitations is 180 days from the date the decision to carry, out or approve the
· project is made, or commencement of the project.where no formal, approval is required (CEQA Guidelines § 15112).
Environmental Impact Report (EIR):
Notice of Preparation:
. When the lead agency determines that an EIR is required for a project, it must'circulate a Notice of Preparation
to each Responsible and Trustee Agency advising them of its intention to prepare a Draft EIR (CEQA Guidelines
§ 15082). In addition, if one or more state agencies is a responsible or trustee agency, :the NOP should be sent to the
State Clearinghouse along with a list of the agencies that should review the project.
A Responsible Agency includes any public agency, other than the Icad'agenCy, which has'discretionary
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apprOval power over a prOject (CEQA Guidelines 915381). A Trustee Agency is a state agency having
jurisdiction by law over natural resources affected by a project which are held in trust for the people of
California (CEQA Guidelines 915386) including: California Department of Fish and Game, State Lands
Commission, Department of Parks and Recreation, and the University of California for particular lands.
Public Resources COde 921080.4 further provides that the lead agency must conVene a scoping meeting upon the ·
request of any affected responsible or trustee agency. Additionally, CEQA Guidelines § 15083.5 requires that a lead
agency send a copy of the Notice of Preparation t° each public water system which serves or would serve projects
meeting specifii: criteria including amendments to general and specific plans, hotel and motels with more than 500
rooms, and others. The lead agency shall request that the system both indicate whether the water demand associated
with the project was-incorporated into its last urban water management plan and whether its total project supplies will
meet the prOjected water demand associated with the proposed project in addition to the system's existing and planned
future uses.
The minimum content requirements for an NOP include (CEQA Guidelines ~§ 15082(a)(1)):
· Description of the project;
· Location of the project indicated on an attached map (preferably a topographical map), or by a
street address in an urbanized area;
· Salient environmental issues; and
· Probable environmental effects of the projeCt.
When an agency receives an NOP, a 30 calendar day review period begins. Each agency must provide the lead
agency with a response within the 30 days. The response must provide specific detail about the scope and content of
the environmental.information related to the responsible or trustee agency's area of responsibility over the project
(CEQA Guidelines 915103).
Draft EIR:
At such time as the draft EIR is completed, a Notice of Completion must be filed with the State Clearinghouse. The
notice must include a brief description of the project, the Proposed locatiOn of the project, an address where cOpies of
the draft EIR are available, and the period during which comments will be received on the draft EIR (CEQA
Guidelines 915085).
When 'the lead agency sends the Notice of Completion to the State Clearinghouse, it must also provide public notice
of the availability of the draft EIR. The notice and opportunity for public review must not be less than 30 days nor
should it normally be longer than 60 days. When submitted to the State Clearinghouse for review by state agencies,
the 'review period.must not be less than 45 days, unless the Clearinghouse'grants a shorter period of not less than 30
days (CEQA Guidelines 915105).
The notice of availability must be mailed to the last 'known name and address of organizations and
individuals who have previously requested such notice in writing, and must also be given following one
of the following procedures:
1. Published at least one time in a newspaper of general circulation in the affected by the project. If
more than one area is affected, the notice must be published in the newspaper of largest circulation
frOm among the newspapers of general circulation in those areas;
· 2. Posting by the lead agency on and off-site in the area where the project is prOposed to be located;
· or
3. Direct mailing tO owners and occupants of prOperty contiguous to the parcel or parcels on which
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rtu't .>; ~r-.Mt~ ' Pag6 4Of 5
the project is located; Owners Of sUch property shall be identified as shown on the latest equalized
assessment roll.
Additional notice may also be given by any other means deemed'appropriate by the agency and may be
given at the same timeandin the same manner as public noticeOtherwise required by law for the project.
The public notice must discloSe all of the following (CEQA.Guidelines {}415087): - -'
1. Project description and location ..:
2. Review periods including the beginning and ending .dateS for which the lead agency will accept
cOmments. If a shortened review period is approved, the notice must state that it will be a shortened
review period.
3.. The date, time, and place of any scheduled public meetings or hearing to be held by the lead
agency on the. proposed' Project, when known to the agency at the time the notice is given.
4. A list of the significant environmental effects anticipated as a result of the project, to the extent
which the effects are known to the lead agency at the time of the notice.
.5. The address(es) where coPies of the draft EIR and all documents referenced in the EIR will be
available for review. This location shall be readily accessible to the public during normal working
hours.
6. Statement of the sites presence on anyof the lists comPiled by the Department of Toxic Substances
· Control(Cai-EPA) under G0vemment Code §465962.5 including, but not limited to hazardous
waste facilities, hazardous waste property, hazardous waste disposal sites, and the information in
the Hazardous Waste .and Substances Statement required under subsecti6n (f) of that section.
The Notice of Availability must be posted in the office of the county clerk of each cou'nty in which the. project will be
located for a period of at least 30 days. The county clerk must post such notices within 24 hours of receipt.
CEQA Guidelines § 15086 requires lead ·agencies to consult with and request comments On the draft EIR from
responsible agencies, trustee agencies, other state, federal, and local agencies which exercise authority over resources
which may be affected by the project, and may also consult with any persOn who has special expertise in any
environmental effect involved.
Draft EIRs subject to state agency review or which are of statewide, regional, or areawide significance must be
distributed through the State Clearinghouse (CEQA GUidelines § 15087(d), § 15206). Clearinghouse distribution
provides assurance that all state permitting agencies will be notified of the review period and are given the
opportunity to respond. 'When submitted to the State Clearinghouse, the public review period must be at least as long
as the review period established by the Clearinghouse (CEQA Guidelines § 15087(e)). Similarly, lead agencies are
encouraged to use areawide clearinghouses for distributing documents to regional and local agencies.
In order to promote the public participation goals of CEQA, lead agencies are encouraged to use the
public library system-to make EIRs available to the public.
Recirculation:
CEQA Guidelines §15088.5 requires that an EIR which has been made available for public review, but not yet
certified, be recirculated whenever significant new information has been added to the EIR. The entire document need
not be circulated if revisions .are limited to specific portions of the document. The recirculated portions or document
must be sent to responsible and trustee agencies for consultation and fresh public notice must be given in the manner
provided for a draft EIR. ... ~
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Final EIR:
Lead agencies must provide a written response to comments made on the draft EIR by each public agency at least I0
days prior to the certification of the final EIR, pursuant to Public Resources Code §21092.5.
The lead agency may certify the EIR and approve the project simultaneously, or it may wait to approve the project at
a later date subject to the time limitations of the Permit Streamlining Act. '
The lead agency must file a NOtice· of Determination within 5 working days after approval of a project by the lead
agency. If a local agency is the lead agency, the notice shall be filed with the county clerk of the county or counties in
which the project will be located. If the project requires discretionary approval from a state agency, or a state agency
is the lead agency, the notice shall also be filed with the State Clearinghouse. The Notice of Determination must be
posted and available for public inspection for a period of at least 30 days (CEQA Guidelines §15094).
Filing. a Notice of D6termination within the'5 working days begins a 30 day statute of limitations to court challenges.
Otherwise, the statute of limitations is 180 days from the date the decision to carry out or approve the project is made,
or commencement of the project where no formal approval is required (CEQA Guidelines § 15112).
CEQA by itself does not require a public hearing on any project. Its provisions require notice and afford opportunities
to comment on a project. The specific public notice and hearing requirements for land use projects are discussed in
the following section.
Next: Public Hearing _N_.o_.I:iG.~5 fg._r_.L.a_.B~_.__U__.s~__._prgje.c.__ts
Return to Table of Contents
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IV. Pubic Hearing Notices for Land Use Projec
In general, public being notice requirements for land use proj~ts ~e found under ~65090 and ~65091.
Basic Notice Requiremen~
~ojects r~ui~ng'public beings under the Planning and Zoning'Law must have nOtice published in at least one
newspa~r of general circulation within the ju~sdiction of the l~al agency at least I0 ~ys p~or to the hea~ng.
Notice must ~ published one time pursuant to ~6061. If there'is no newspa~r of general circulation, the notice mus~
~ ~st~ in at least thr~ public places within the ju~sdictional bounda~es of the agency at least 10 ~ys p~or to the
he~ng (~65090). .
Content: The public hemng notice must include, at a ~nimum, the date, time, and place of the hemng, the identity
of the heahng body, an explanation of the matter to be considered, and a general deschption, in the fo~ of text or a
diagram, of the l~ation of the prope~y that is the subject of the hemng (~65094).
In addition, when a project is required to be noticed'pursuant to ~65091, it must be provided in each of the following
ways:
1. The public heahng notice must be mailed or delivered to the owner of the prope~y or the owner's agent, and th
proj~t apPlicant at least 10 days prior to the hemng (~65091(a)(1)).
2. Notice must be m~led or delivered at least 10 ~ys prior to the hearing to each local agency providing water,
~wer, s~B, roa&, sch~ls or other essential facilities, or se~ices to the.project, whose ability to prOvide
· ose hcilities and se~ices may
3. Notice must ~so ~ m~l~ or delivered at least I0 &ys prior to the hemng t° all owners of pro,ny ~ shown
on ~e latest ~uali~ ~sessment roll wi~in 3~ f~t of the extedor bou~ of the pro~ay'that is subj~t o
· e h~ng. In lieu of the ~sessment roll, the agency may use the ~or~ of the county assessor or m coll~tc
cont~ning mom r~ent info~ation. Notice must also either ~ published in at least one newspa~r of general
cimulafion within the l~al agency whiCh is conducting the preening at least I0 ~ys prior to the he~ng or
~sted at le~t 10 ~ys prior to the hemng in at least t~ public places within the ~und~es of the agency,
inclu~ng one public place in the ~ea ~r~tly aff~ted by the pr~ng (~65091(a)(3)).
Almmatively, if the m~led notice would ~ to mom th~ 1.,~ pro~y owne~, the agency may provide notice
· rough.a ~splay advertisement of at le~t one-eighth Page in at le~t one newspa~r of general circulation within th~
agency's juds~ctional ~undmes, at le~t I0 ~ys prior to the hemng (~65091 (a)(3)(1)).
~ere public notice is r~uimd to ~ given pu~uant t0 ~6062(a), it shall ~ for 10 ~ys in a newsPa~r regul~ly
published once a w~k or more. Two publications, within at le~t five ~ys inte~ening ~tw~n each publication dat~
not inclu~ng ~e actual ~te of publication, is sufficient. The ~hod of notice ~gins u~n ~e fi~t ~y of pUblicatior~
~d en~ on the tenth ~y.
In ad~fion to ~ese ~uimmen~, notice may ~ given by an agency ~rough any o~er me~ it fin~ to ~ n~eas~
or appmpfia~.
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Legislative projects
Projects requiring approval by a legislative decision-making body are normally subject to public notice and at least
one public hearing. The public hearing notice requirements are established by statute.
General and Specific Plans:
The adoption or amendment of a general plan or sPeCific plan is a legislative act subjeCt to public review, not,ce, and
hearings pursuant to ({}65353-65356 general plan and {}65453 specific plan). The following provisions apply to
counties and general law cities. Charter cities may adopt similar requirements.
As plans for the physical development of a community, the planning agency must provide opportunities for review
and involvement bY citizens, public agencies, public utility companies and other community groups through public
hearings and other means pursuant to {}65351. Prior to consideration of. the plan for adoption, it must be referred to
the entities listed under {}65352 including, but not limited to cities, counties, and special' districts which may be
affected by the plan, schools within the planning area, federal agencies, public water system agencies, and others.
Each reviewing body has 45 days to comment from the date the referring agency mails or'delivers the plan, unless th~
planning agency specifies a longer period.
Upon completion, the plan is forwarded to the planning commission which' must h01d at least one public hearing
Pursuant to {}65353 prior to forwarding a recommendation to the legislative body. Public notice of the hearing must b
made pursuant to {}65090. If the adoption or amendment would change the permitted uses or intensity of uses of
property, public notice of the hearing must also.be given pursuant to §65091(a)(1)(2). Under {}6509I(a)(3), notice
may be given by publication in a newspaper of general circulation if it would beto more than 1,000 persons ({}65353
(c)).
In addition, the commission must provide advance notice to anyone who requeSts it in writing pursuant to {}65092 or
{}65945. The commission may provide additional notice in any other manner it deems necessary ordesirable.
Anyone may appeal the commission% decision to the legislative body. The prOCedures for appeal are set forth under
{}65354.5 which requires a hearing by the legislative body when a 'written request is filed-with the clerk within 5 day~'
of the commission% hearing. The appeal may be unnecessary if the legislative body intends to hold a public hearing
on the matter anyway.
Once the recommendation of the Planning commission, or Other advisorY, body has been forwarded, the legislative
decision-making body must provide public notice pursuant to {}65090 and hold. at least one pUblic hearing prior to
adopting or amending a general or specific plan ({}65355).
The legislative body must also notify anyone who makes a written request for notice pursuant t° {}65092 or {}65945.
'When any part of a cemetery is' designated for other than cemetery uses, the notice, .as with the planning
commission's, may also be subject to the requirements under {}65096.
Once the hearing(s) have been completed, the legislative body will take action to approve, conditionally approve, or
deny the plan. If the plan is to be approved with a substantial modification not previously Considered by the
: commission, the plan must be referred back to the commissio/t for their reconsideration and recommendation
({}65356). The commission has 45 days in which to respond.
Separately, public involvement in the preparation, adoption, and amendment of general and specific plans should Ix
encouraged through the proVision of opportunities for'the involvement °fcitizens, public agencies, public utility
companies,, and civic, education, and other community groups, through public hearings and any .other means the
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agency deems appropriate Pursuant to §65351.
Zoning and Rezoning:
The adoption'0r change of zoning ordinances is subject to specific public notice and hearing requirements. Specific
minimum procedural standards have been adopted by the Legislature to ensure the uniformity of and access to zoninl
and planning hearings. The minimum standards provided in §65804 must be incorporated into the procedures of all
city andcounty zoning.hearings and include the following: (1) All Zoning agencies must develop, publish and make
available rules for the conduct of hearir~gs' so that all interested individuals have advance knowledge of how heatings
will proceed. The rules must incorporate §65853 to §65858. (2) Cities and counties must take and keep records of all
heatings of whiCh a copy must be made available at cost. (3) When written, staff reports must be'made available to
the public Prior to Or at the'beginning of a heating and shall be a matter of public record. (4) When any heating is hel
on an application for a Change of zoning for parcelS of at least 10 acres, a staff report with recommendation and the
basis for such recommendation must be included in the record of the heating.
· Section 65804 applies to all general law cities, counties and charter cities:
The Legislature finds and declares that the property owners have the right to public notice regarding
Proposals that affect the permitted use of property...The Legislature further finds and declares that the
right t0 notice regarding'the permitted uses of property is an issue of statewide concern, affecting all
propertY owners,'and not a municipal affair... ~
The planning commission must Provide public notice ~ursuant'to §65090 and §65091 and hold at least one public
hearing prior to rendering a decision and forwarding a written recommendation to the legislative body. Once the
heating is complete.and a decision has been rendered, the planning commission's decision must be forwarded in the
form of a written recommendation which includes the reasons for the recommendation, and its consistency with the
general plan or specifi9 plan(s) (§65855).
Once the legislative body has received the planning commission's recommendation, it must give public notice
pursuant to §65090 and hold at least one public hearing. Action may be taken at. the public heating to approve,
modify, or disapprove the Ordinance consistent with planning commission's recommendatiOn. If the legislative body
mends the recommendation, the amendments must be referred back to the planning commission for report and
recommendation prior to final approval. However, this referral does not require a public hearing (§65857). In
instances where'the planning commission fails to report back within 40 days, or for such a period as prescribed by
legislative body, the inaction may be.deemed as its concurrence in the proposed amendment.
If the planning commission's further recommendation is either to not approve the ordinance' or to not approve a'
change to the ordinance inconsistent with the commission's original recommendation, the legislative body is not
required, unless by local ordinance, to take further action. However, if the applicant.has filed an appeal with the cler~.:
within 5 days of the planning commission's filing of its recommendation pursuant to §65354.5, a hearing shall be
noticed pursuant to §65090 and given by the legislative body (§65856).
Interim Ordinances:
Local agencies who are in the' process of Preparing, studying, Or adopting a general plan, specific planl or zoning '
ordinance or amendments thereof which will be acted upon within a reasonable period of time, may, in order to
protect the public health, safety or general welfare, adopt an interim ordinance as an urgency measure. AdoptiOn of a
interim ordinance requires a fOur-fifths affirmative vote of the legislative body. This is done to avoid conflicts
between land use proposals .and contemplated changes to plans and/or ordinances and may be,done without followint
.standard public notice requirements. Two Options are available for adoption:
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Option 1:
An interim ordinance may beconsidered without prior public notice. Upon approval, the ordinance expires 45
days from the date of its adoption. However, it may be extended for up to 10 months and I$ clays..
SUbsequently, it may be extended for one year if notice pursuant to §65090 and a public hearing are provided'
for the extension (§65858). No more than two extensions can be granted.
Option 2:
Altematlvely, if prior public notice is given pursuant to §65090, an interim ordinance may be adopted, in which
case it will expire 45 days from adoption. Thereafter, following another public notice (§65090) and hearing, it
may be extended by four-fifths vote for'22 months and 15 days (§65858(b)) instead of the 10 months and 15
days allowed without notice. ~ ..
Under either alternative, the statutory provisions for interim ordinances limit their use to two-years, including all
'extensions. Section 65858 allows for-the adoption of a new interim ordinance upon the expiration of a prior ordinance
when the new interim ordinance covers differing subject matter. In all cases, the adoption or extension requires
findings to be made that there is a current and immediate threat to public health, safety, or welfare and that the
approval of subdivisions,use permits, variances, building permits, or any other applicable entitlement for use which is
required in order to comply with a zoningordinance would result in that threat. The findings must be enumerated in
-the adopted ordinance.
The legislative body is required to issue a written report 10 days prior to the expiration or extension of an interim
ordinance, describing measures which will avoid the potential inconsistency which necessitated its adoption.
Development Agreements:
A development agreement between a local government and a developer limits the applicability of neWly enacted
ordinances to ongoing development Projects. Development agreements are legislative acts which must be adopted by
ordinance, be consistent with the general plan and any specific plan, and may be repealed or changed by initiative ant
referendum (§65867.5).
The adOption of a development agreement by a local government requires public notice pursuant to both §65090 and
§65091. A hearing must be held before the planning commission prior to forwarding a recommendation to the
legislative body. Notice of the intention to consider the adoption of a development agreement must also be given, pric
to a hearing before the legislative body pursuant to §65090 and {}65091, in addition to any other notice required for
other actions being considered concurrently with the development agreement (§65867)
Should it be necessary and agreed to by mutual consent to amend or cancel the development agreement, public notic,
is required in the same manner as it is for adoption (§65868).
Adjudicatory Projects
Adjudicatory prbjects, including a tentative or parcel map for which a tentative map is not required, use permits,
variances, and other leases, permits, and discretionary projects are subject to the specific requirements for public
notice, circulation, review.and hearings set out by §65090 and {}65091.
Tentative Maps and Parcel Maps: "
Notice of Public heatings for a subdivision map must be provided consistent with {}65090 and {}65091 ({}66451.3). I
subdivision converts property' int° a condominium project, community apartment project or stock cooperative projo
the notice must also be provided by mail to' each tenant of the project, include notification of the right to appear and
be heard, and conversion findings (§66427.1). This requirement may be satisfied by serving the notice in eomplianc
http://ceres.calgov/planninglpub_noticedpart4.html 4/18/2L
Fart 4: t'ut)llc H~ng Notices for Land Use Projects . ...... 'p_ag~ 5 01
with the :legal requirements for service by mail. .
Tentative and parcel maps are subject to the time periods established pursuant to the Permit Streamlining Act. The
time periods commence after certification of the EIR, adoption of a negative'declaration, or determination that the
project is exempt from CEQA.
Other entitlement~ : ,'~. ~
Applications for variances from the requirements of a zoning ordinance, use permits, and other equivalent
development permits including'proposed revocations, modifications, and appeal from the action taken on any
applications must be subject to a public hearing pursuant to §65905, except as provided for-by §65901 (b). Notice of
hearings must be given PUrsUant to §65091. The requirements of due p~'ocess .apply to all administrative proceedings
conducted by a board of zoningadjustment-0r zoning administrator when 'authorized by ordinance to make decisions
on applications for specified types of variances.
Next: _Q__t~h_e_r_._T3~p.e? o(A_ctions~
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' ~? City ~of BakerSf": !d *REPRINT*'
t. ~ ~ WORK R~ ~JES~ PAGE 1
REQ/JOB: WF0019167 / 00i PROJECT: REQUEST DATE: 3~20~02
~ PRINT DATE: 3/22/02
PRINT TIME: 16:37:11
CREW: ' SCHEDULE DATES
START:
· : 8/0~
LOCATION: COMPLETION
GEN. LOC: CITY WIDE' LOC iD:
REF NBR:
REQ DEPT: CITY COUNCIL REFERRAL PRIORITY: HIGH
REQUESTOR: ~COUCH ORIGIN: CITY COUNCIL REFERRAL
USER ID: PMCCARTHY AUTH: PMCCARTHY WORK TYPE: REFERRAL
NOTIFICATION OF PROPERTY OWNERS'
REQUEST cOMMENTS
***REFERRAL TO DEVELOPMENT SERVICES***
STAFF IS REQUESTED TO REVIEW THE FEASIBILITY OF
SENDING WRITTEN NOTIFICATION TO SURROUNDING
PROPERTY OWNERS UPON RECEIPT OF APPLICATION FOR
NEW DEVELOPMENT. STAFF IS TO PROVIDE REPORT BACK
TO COUNCIL ........ =___
NOTIFICATION OF PROPERTY OWNERS
DEVELOPMENT SERVICES RDVS
CatDgorY code :
Task code: . . RESPONSE TO REFERRAL RESP
Facility ID . .
Assigned Department DEVELOPMENT SERVICES