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City Manager
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BAKERSFIELD
Alan Tandy · City Manager
August 2, 2002
Mr. Scott Jones
County Administrative Officer
County of Kern
1115 Truxtun Avenue
Bakersfield, CA 93301
Dear Scott:
I am plea~ed'to notify you ~at at the July 31, 2002 Council meeting the City Council authorized
'the concept.s outlined by the BUdget-& Finance Committee for the City to provide sewer services
to the Rexland Acres neighborhood7 As stated in my previous letter, the City would provide City
sewer service to residents_in Rexland Acres area contin~gent on the County of Kern agreeing to
the terms outlined .in your June 11~ response to me, and with the County committing $300,000
to the Jefferson Park Pool project by january 1, 2003. This authorization to provide City sewer
serviqe to the Rexland area would 0nly be available until June 30, 2004, after which if you do
not.have the program funded the City offer would expire.
I would like to stress again how-important it is that the City receives a cQmmitment for the
$300,000 needed' forlmprovements to tl~e Jefferson Park Pool as soon as possible and no later
than January 1, 2003 in order to adequately incorporate the additional improvements using.
these'funds into the construction plans [Or the project, we ~re currently developing construction
cost estimates and plans and the sooner we know the funding is available, the sooner we can
develop the final project design. Uncertainty regarding this funding makes proceeding with the
final layout and design of the project most difficult.
The action by the City Council reflects the desire of the City Council to work cooperatively with
the County to assist with Rexland Acres sewer service problem and the upgrade of the
Jefferson .Park Pool which serves City residents as well as those in the unincorporated areas
surrounding Jefferson Park. Please contact me if you need any additional information. I look
forward to hearing from you soon regarding the County's contribution to the Jefferson Pool
project and working with you to develop a final agreement to provide sewer service to the
Rexland Acres area once you have received your grant funds.
Sincerely,
cc: Honorable Mayor and City Council
Bart Thiltgen, City Attorney
Raul Rojas, Public Works Director
City of Bakersfield · City Managefs Office · 1501 Truxtun Avenue
Bakersfield · California · 93301
(661) 326-3751 · Fax 1661~ gr;~-?cl~13
ADMINISTRATIVE REPORT
MEETING DATE: July 31,2002 AGENDA SECTION: Consent Calendar
ITEM: 8:'i'i.
TO: Honorable Mayor and City Council APPROVED
FROM: Alan Tandy, City Manager DEPARTMENT HEAD
DATE: July 22, 2002 CITY A'n'ORNEY
CITY MANAGER
SUBJECT: Authorization to Provide City Sewer Service to Residents in.Rexla~d Acres area contingent
on the CoUnty of Kern agreeing to the terms outlined by the City Manager, and the Count,./
committing .$300,000 to the Jefferson Park Pool project by January 1,2003 and that the
authorization to provide City sewer service to the Rexland area would only be available until
June 30, 2004.
RECOMMENDATION: The Budget and Finance Committee recommends approval.
BACKGROUND:
As part of the improvements proposed to City aquatic facilities, Kern County was requested to jointly fund
improvements needed for Jefferson Pool since over half of the pool patrons-come from the unincorporated
areas adjacent to the Park.' The County responded.with a request that the City allow residents in the
unincorporated area of Rexland Acres to connect to the city sewer system. The County also indicated the
Rexland project would be completed using an USDA Rural Development grant and loan program using
about $ 4.8 million in grant funds and $1.5 million in loans for Sewer system construction. In response to
the County, staff indicated that the City has an ordinance in place which directs that we do not provide
sewer service to areas that are not annexed. Staff expressed concerns about establishing a precedent
where the city would be expected to bail out other unincorporated areas that may have sewer service
problems in the future. This type of action could also serve as 'a possible deterrent to annexation by the
City. Staff indicated that the Council could make an exception to the ordinance through an
intergovernmental agreement. This could be considered since Rexland Acres is a Iow income area and the
Council does want to cooperate with the County. Staff further provided a set of conditions wh. ereby, an
agreement could be considered. They included:
1) The City would allow for the 688 homes in Rexland Acres to flow to Treatment Plant #3 under our
intergovernmental agreement.
2) The County would obligate itself to pay the full amount of the connection fees within nine months
after the physical connection, and 25% of the total should be paid at the time of connection. Those
fees are $2,400 per residence in 2003 and $2,500 in 2004. 688 homes x $2,400 = $1,651,200 or
688 x $2,500 = $1,720,000, depending on time of connection.
3) The County would also pay the City the trunk sewer fee for that area of $400 per acre x 150 acres, or
$60,00O.
ADMINISTRATIVE REPORT Page 2
4) The County would obligate itself to paying the annual costs for the 688 homes for our operation and
maintenance charges, at the out of City rate .as it would be established each year. It is currently
$146.25 x 688, or $100,620 annually. Inmost years, there is an inflationary increase added. This
amount to be adjusted per item 5), below.
5) The County would own and maintain the lift station and the lines serving' Rexland Acres. To offset
the costs associated with'that service, the rates billed would be at 79% of the above rates (21% in
our system is normally allocated to the costs for services they are providing) or $119.85 x 688 -
$82,456.80, plus future increases.
6) Only the 688 homes in Rexland would be served. There would be n° additional connections to the
system, and both parties would agree in the document that this is a one-time action for special
circumstances. This does not establish a precedent for future cases.
The County sent a favorable response to staff regarding this proposa! with some clarifications regarding the
number and typeS of users to be served (755.2 .ee~uivalent single f~tmily dwelling units changed from 688
homes), and essentially agreed to the terms outlined bythe City. They also indicated that County CDBG
entitlement'funds could be "freed-up" for the Jefferson P. ad~ pool project.
ThiS item was referred to the Budget and Finance COmmittee for consideration. The Committee met with
County representatives several times and discussed the proposal and the City's policy regarding providing
sewer services outside the City. At the Committee's JulY 18th meeting the County representatives said they
did not receive the USDA grants and loans they had applied for and although they would reaCply for these
funds they would not know if they would be funded until March'of 2003. They were also told that only a
maximum of $2 Million in grant funds would be available to them next year. The Committee indicated they
supported authorization of the proposal to allow the Rexland Acres area to receiv(~ City-sewer service as
outlined in correspondence between the City and the County pending the approval of the USDA Grant,
however they wanted a time certain for the County to commit to funding for the Jefferson Park pool project
and a date of with'drawal of the City's offer to provide sewer sevice.'
Staff indicated they would need to know by January 1,2003 if the County funds would be available in order
to incorporate them into the design work for the Jefferson Pool project. The Committee therefore
recommended authorizing the proposal to provide City sewer service to Rexland Acres subject to the terms
outlined by the City Manager, and the County committing $300,000 to the Jeffers~)n Park Pool project by
January 1,2003 and further, that the authorization to provide City sewer service to the Rexland area would
only be available until June 30, 2004.
The action recommended by the Committee would authorize theproposal and conditions in concept and an
agreement detailing the specifics of the City providing sewer service to the Rexland Acres area would come
back to the Council at a later date for approval if the County proceeds with the project.
BAKERSFIELD
Alan Tandy * City Manager '
July 23, 2002
Mr. Scott Jones
County Administrative Officer
County of Kern
1115 Truxtun Avenue
Bakersfield, CA 93301
Dear Scott:
This is in re_sponse ~to 'your letter of June 11, 2002 regarding the provision of sewer Services by the
City to the Rexland Ac~'e~s neighbo~h°od. As you are aware, we have met With the Council's Budget
and Fi_naiqce Committee on July 18, 2_002 and they are recommending authorization-of the concept
you and I have discu~eO'-in previo,.is correspondence. The City would provide City sewer service to
residents in Rex, rand Acres area .contlngent on the County of Kern agreeing to 'the terms outlined in
your June 110, response to me, and with the~ County C°mmi[ting $300,000 to -the ~efferson Park Pool
prc~ject by January 1, 2003. As discussed, by the Committee, th~ authorization to provide City sewer
service to the-R'exland a?ea would only be available-uin~il ,~une 3i3, 2004, after which if you do not have
the program funded the City offer would expire. 'This is alIof course subject tO approval by the City
Council.
I understand your desired change from th.e 688 "r.-_esider]ces' or -"homes' to 755.2 "equivalent single'
family dwelling units" (ESFD,U's). This chdnge would be acceptable to the City and will be
incbrporated into an agreement which would be finalized between the City and COunty subsequent to
authorization of the sewer project concept by the Council and commitment of funds for the Jefferson
Park Pool by the County.
As you know from the Budget and Finance Committee meeting, it is important that the City have a
commitment for-the $300,000 needed for improvements to the Jefferson Park Pool by January 1,
2003 in order to adequately incorporate them into the construction plans for the project. Due to the
complex nature of the pool renovation and upgrade it would be extremely difficult, if not impossible to
add the proposed water features to the project after that date and complete the project within the
necessary time frame.
It is the desire of the City to work cooperatively with 'the County to arrive at positive resolutions to the
sewer service issue and the upgrade of the Jefferson Park Pool. I will notify you of the Council's
action at the July 31, 2002 Council meeting where the Budget and Finance recommendation will be
considered. Please contact me if you need any additional clarification. I appreciate your willingness to
work constructively towards 'a mutually beneficial outcome to these issues.
SinF-~er.91y, ~ ,//
City Manager /
cc: Honorable Mayor and City Council
City of Bakersfield · City Mana§efs Office · 1501 Truxtun Avenue
Bakersfield · California · 93301
(661) 326-3751 · Fax (661) 852-2050
B A K E R .S F 'I E L 'D
OFFICE OF THE CITY MANAGER
MEMORANDUM
July 8, 2002
TO: Budget and Finance c°mmittee.~
FROM: Alan Tandy, City Manager ~'/
SUBJECT: City Services to County Areas
-- In response to our request to provide financial assistance for the Jefferson' Pool
rehabilitation, Kern County countered with a request to provide sewer services for the
Rexland Acres area. I have attached copies of the correspondence between Scott
Jones and myself on this subject.
I haVe also attached copies of Administrative Reports which indicate that if any such
request is made, City policy requires the property owners to record a covenant binding
current and future owners to take Steps toward annexation pdor to a connection to City
services.
This information is provided to you for review in preparation of the regularly scheduled
meeting of July 18, 2002.
Attachments
BAKERSFIELD
Alan 'randy · City Manager
May 21,2002
Mr. Scott Jones
County Administrative Officer
County of Kern
1115 Truxtun Avenue
Bakersfield, CA 93301
Dear Scott:
We are in receipt of your letter of May 2'~d concerning Jefferson Pool and the Rexland
Acres subdivision. We also thank you and your staff members for visiting us on this
subject on May 13th.
To recap, the City asked the County, after we funded the County Airport ($1.5 million),
the Lake Ming bike path ($450,000), the str'eetscape in front of the Kem County
Museum ($250,000), and a budget allocation for Stramler Park ($~80,000 - not yet
approved by City Council) for $300,000 for the Jefferson Pool from County block grant
funds. You have responded by saying the County might be able to do that if the City
provides sewer services to Rexland Acres.
In an ideal wodd, the four unilateral actions of good faith might be enough to prompt the
County to respond positively to a pool to serve lower income County residents without
further conditions. Nonetheless, we want to cooperate on what now becomes a faidy
complex issue.
The City of Bakersfield has an ordinance in place which directs that we do not provide
sewer service to areas that are not annexed. We have sent a delegation to Rexland
Acres in the past and offered seWer service with annexation, which we would continue
to offer.
There are several reasons for the ordinance:
1) One is the failure of previous efforts to make these types of agreements work. In
CSA 71, the City reserved plant capacity and agreed to serve a County area.
With the exception of one test area, the County has not adopted standards' that
result in the construction of sewer trunk lines, so there have been almost no
connections. The plant capacity that is reserved is being paid for by the City but
without reimbursement from users. Homes are built on septic tanks~ and dow~
the road, the contamination that exists in Rexland Acres will exist in CSA 71 also.
The City therefore believes CSA 71 is a failure.
City of Bakersfield · City Managers Office · 1501 Truxtun Avenue
Scott Jones
May 21, 2(~02 :
Pacse 2
2) There is the issue of precedent. The County of Kern, through today, continues to
allow urban density subdivisions on septic tanks - a future time bomb exactly like
Rexland Acres. The only difference is how long it takes for the ground to
become saturated, the septic tanks to fail and the groundwater to become
contaminated. If the City bails out the error made by the County in Rexland
A~cres, where does it stop? There have been 30 years of County subdivisions
built since Rexland, many of which will eventually have Rexland's problems. If
we bail y~u out here, the likelihood is we will be asked to bai! out.the many others ~..
.wt~en saturation problems become severe. We would prefer to see the County
deal with the long-term problem by requiting sewer service.
3) The City has found that giving, specific serv[c-es away is a deterrent to
annexation. It-allows ~roups to take what they most strongly desire, but not to
annex for efficiency and consistency of services.
The City Council~ could make an e×ception to its-ordinance for Rexland Acres through
an intergovemmenta! agreement. The above issues would be the negative concerns.'
The offsetting argument, of course, is that Rexland 'is a Iow-income area, and our
· Council does wish to cooperate with the County. Staff cannot predict how the Council
would decide given those competing interests.
Nonetheless,-it seems beneficial to format the general terms of an intergovernmental
agreement with you so the parties would know the conditions they were voting on at the
time the decision is reached on va~ng from the policy. Based on our discussion of
May 13m, the following would be the general terms:
1) The City would allow for the 688 homes in Rexland Acres to flow to Treatment
Plant #3 under our intergovernmental agreement.
2) The County would obligate itself to pay the full amount of the connection fees
within nine months after the physical connection, and 25% of the total should be
paid at the time of the connection. Those fees are $2,400 per residence in 2003
and $2,500 in 2004. 688 homes x $2,400 = $1,651,200 0r'688 x $2,500.=
$1,720,000, depending on time of connection.
3) The County would also pay the City the trunk sewer fee for that area of $400 per
acre x 150 acres, or $60,000.
4) 'The County would obligate itself to paying the annual costs for the 688 homes for our operation and maintenance charges at the out of City rate as it wo[~ld be
Scott Jones
May 2'1, 2002
Page 3
established for each year. It-is currently $146.25 x 688, or $100,620 annually. In
most years, there is an inflationary increase added. This amount to be adjusted
per Item 5), below.
5) The County would own and 'maintain the lift station and the lines serving Rexland
Acres. To offset the costs associated with that service, the rates billed Would be
at 79% of the above rates (2t% in our system is normally allocated to the costs
for services you are providing) or $119.85 x 688 - $'82,456.80, plus future
increases.
6) Only the 688 homes in Rexland would be served. There would be no additional
connections to the system, and both .parties' would agree-in the document that
this is a one-time-action for special circumsta:dces. This does net establish a
p~cedent for future cases.
If these are a correct summary of the terms, ptease let me know and we will ask the
Budget and Finance Committee of the City Council to start deliberations on the policy
issues. ' - - ,
We respectfully ask that the Jefferson Park funding move forward based on our four
past actions of funding County projects and because the .project has the merit to stand
on its own.
Sincerely,
Alan Tan
City Manager /
cc: Honorable Mayor and City Council
Dave Price, Kern County Resource Management Agency
Chuck Lackey, Kern Count/Director of Engineering 'and Survey Services
Bart Thiltgen, City Attorney
Start Ford, City of Bakersfield Recreation and Parks
Donna Kunz, City of Bakersfield Economic and Community Development Dept.
Kern County Administrative Office
County AdmJnlstrat~e Center
1115 Tmxtun Avenue, F~:h FIoer. Bake~field, CA 93301.46~9
SCOTT L JONES
Telephone 661-868-3198. F~, 661-868-Y{ 90 · TTY Relay 8CX3-735-2929 County Mmlnlsl~6ve O~cer
May 2, 2002
Alan Tandy, City Mmager
Ci~ of Bakersfield
I501 Tm'cmn Avenue
Bakersfield, CA 93301
RE: Proposed Ci.tyK;ounty Cooperatiwe Projects
Dear Alan:
This responds to your letter of April 24 requesting consi'd~afion 0f a $300,000 financial contribution
from the County to cover 50% of the cost for rehabilitating the leffe-rson Park swimming pool
located in Southe~t Bakersfield.
We are very appreciative of thc City's past participation in joint, cooperative projects that have
benefitted our citizens. County staff is prepared to recommend Board of gupetwisors' approval of
your proposal, using Community Development Block grant funds allocamd to the Fifth Supervisorial
District, in conjunction with your consideratibn and approval of mother City/County cooperative
project which ha~ previously been discussed with your staff. Super, hsor Pete Parrais supportive of
this reciprocal cooperation proposal.
The concurrent City/County cooperative project for which we are requesting City approval, at no cost
to the City, entails the connection of the Rexland Acres area of Southeast Metropolitan Bakersfield
to thc City'.s existing sewer system. Residents of the Rexland Acres area would pay sewer
connection fees to reimburse the City for the cost of constructing treatment plant capacity, and sewer
service charges would pay for the related operational costs. Another option for reimbursing the City
is the possibility of exchan~ng sewer flows between the Kern Sanitation District sewer system (to
accept more sewage from City residents) and the City sewer system. As you know, the two systems
already share a common trunk line and sewage diversion structure.
We hope that you and the Council will consider the following compelling circumstances:
1. A grant application to the U.S. Department of Agriculture (Rural Development Loan and
Grant Prolp'am) for the construction of 'sewer infrastructure, for the Rexland Acres area is
currently pending. If approved, this grant is expected to provide $4.8 million in grant
funding and $1.5 million in loans for sewer system construction.. In order to qualify for these
l:cderal grant and loan funds, the area must be unincorporated (thus precluding knme.di'ate
Alan Tandy,.City Manager
Ma7 2, 2002
Proposed City/County Cooperative Projects
Page 2
annexation), l=urther, there is no means of-financing the project absent these grant/loan
funds.
2. Approval of.the City to connect m your sewer system would save approxi_mately $800,000
of the lo[al.pro,ecl cost, and w oukt reduce the project cost to a level that likely can t~¢ funded
within the expected ~rant amount. In addition to directly benefiuinl~ the public, this will also
improve the chances for grant approval.
3. If the P, exlanct Acres trea i_s ever ~nnexed to the City, the sewer infrastructure will already-
be-constructed and funded.
4. Providing the 'necessary sewer infrastructure will prevent further deterioration of
groundwater quality in the area, and will improve the .general appearance of an area
immediately ~jacent to City boundaries. -
! fi. We can see no disadvar~tages or cost., to th~ City related to the sewer connection proposal.
I I hope you will favorably consider this proposal, in concert with our favorable consideration of your
funding participation request for leffenon Park. This appears to be a rare win-win-win oppommity
for the City, the County, and the citizens we serve. I am available at your convenience to meet with
i you and discuss these proposals in greater detail.
.. Sincerely,
'... Scott E. Jones
County Administrative Officer
SE J/randy9
: cc: Members, Board of Supervison
Harvey Hall, Mayor, City of Bakemfield
Bakersfield City COuncil
· Dave Price, Director, Resource Managemen~ Agency
Charles Lackey, Director, Engineering & Survey Services --
BAKERSFIELD
Alan Tandy · City Manager
Apdl 24, 2002
Mr. Scott Jones
County Administrative officer
County of Kem
1115 Truxtun Avenue
Bakersfield, CA 93301
Dear Scott:
In a letter to the County' of Kern Board of Supervisors dated February 5, 2002, the
'Community Services C6mrnittee of the Bakersfield City Council requ. est~ financial
assistance with the rehabilitaUon of Jefferson Pool. That Carticular facility'is blocl~ grant
eligible, as it serves a Iow income neighborhood. It is also surrounded on three sides by
unannexed portions of Kern County. A copy of the letter i.s enclosed.
I am writing this letter at the request of the Committee. We have not yet received a
response to the letter, and they asked that I call several things to the attention of County
officials.
In the spidt of intergovernmental cooperation, the City of Bakersfield has done the
following for-Kern County projects in recent years:
1) Given $100,000 for lighting improvements to the Kem County soccer complex
outside the City limits;
2) Pledged $250,000 for the streetscape in front of the Kern County Museum;
3) Pledged $1,500,000 for the new terminal at the Kern County airport;
4) Committed $ 450,000 to building a bicycle path around Lake Ming outside of the
· - City limits;
5) Tentatively placed, in our draft budget, $80,000 to purchase playground
structures in the County owned Stramler Park.
City of Bakersfield · City Manager's Office · 1501 Truxtun Avenue
Bakersfield · California · 93301
Scott Jones
April 24, 2002
Page 2.
The Jefferson Park project is a perfect candidate for continuing this pattem of
cooperation, given its direct service to County residents and its eligibility for federal
funds. We hope it is given favorable consideration.
Sincer y, ~ J'
Alan Tandy
City Manager
cc: Honorable Mayor and City Council
Dave Pdce, Kern County Resource Management Agency
Stan Ford, City of Bakemfield Rec~;eation and Parks
Donna Kunz, City of Bakersfield. Economic and Community Development Dept.
BAKERSFIELD
CALIFORNIA
February 5, 2002
crrY COIJNC]I,
The Honorable Peter Parra
~-.~L~r.~ Kern County Supervisor
~,,yo~. 1115 T'~xttm 'Avenue
Bakersfield, CA 93301
Mark Salvaggio
I/'~e-Ma~or
"""' _
km Cam~,, Dear ~arra;
Ward l ·
The Community Services Committee 'of the Bakersfield City Council met on
Susaa ~L Be~,-~m j- t~ · ' . - - '
w,,,~2 anuary 25 0n tt're ~ssue-of C~ty swimming pools and aqu~c needs. We are
"seriously exploring th3 rehabilitation a-nd enh'ance'rhent of mariy of the aging
M~.~'Cagga~ City pools using Proposition 12, block grant, and other available ~ources.
w~-,~3 We have identified at least $4.5 million in very real needs in this area - our
Proposition 12 allocation is less than halfof that.
David Couch
w~.~4 The Jefferson Park pool is the most heavily attended among all City facilities
]~,oldW.]Z,,,~, with over 10,000 users per summer. An attendance report is attached for
w,,~s reference. It is also used by East, . Foothill and Highland High Sohools, as
well as the Riptides Swim Club. That pool is also unique in that it is
Jac~,ies~¥a, surrounded on three sides by unincorporated areas of Kern County. It is our
w~,d~ belief that the attendance at the pool, in all likelihood, has a citizen usage
from unincorporated areas at welt over ¼ and probably ~ of its patronage.
Jefferson Pool also has the highest repair costs for Code-related items of any
pool in our system. A report is attached on the Code-related items only. In
addition' to the Code-related repairs, we would like to enhance it and make it
better by adding a slide, spray areas, and perhaps even more water surface.
The combined cost is currently .estimated at $600,000.
The City and County have made great stddes in recent years in the area of
intergovernmental cooperation. The Ci~ has financially assisted the County
on the new airport terminal, and is planning to provide some new play
equipment at Stramler Park. The County offered (when it was active) some
assistance to the City regarding the City Center project, and there are
numerous other examples.
'- The Honorable Peter Parra
Page 2
We know.money is tight and times are difficult for all. We, howe,~er, are facing $4.5
million in need. Since Jefferson Serves a very large portion of County residents, we
respectfully request that you consider providing 50% of the $600,000 repair and
enhancement costs. Proposition 12 monies are eligible and the area is certainly within
eligible census tracts fo'r use of block grant-funds. A pool that serves over 10,000 per
summer, and three high schools! How perfect a statement it would be to jointly fund.
What a wonderful dedication ceremony and statement to the community it would .be
about our ability to work together!
Please give this important issue nsideration., ,
Y Ja~quie Sullivan, Chair
Community Servfces 'C'6mmunity Services Community Services
Com['nittee C~m. mi.ttee member Committee member
cc: Kern County Board of Supervisors
Scott Jones, ·Kern County Administrative Officer
Dave Pdce, Kern County Resource Management Director
Alan Tandy, Bakersfield City Manager
Stan Ford, Bakersfield, Recreation and Parks Director
Donna Kurtz, Bakersfield Economic Development Director
ADMINISTRATIVE REPORT
,
MEETING DATE: September 8, i993 AGENDA SECTION: Deferrtd Business YYEM NO:, l'
TO:. Honorable Mayor and City Council APPROVED
FROM: 'Carol Wi/h'ams, City Clerk V£P~TMEh'r HEAD~
DATE: .August 27, 1993 ClTY A'I'roRNEY N/A
CITY MANAGER
SUBJECI': Ordinance amending_Section 14.04:030 of the Bakersfield Municipal Code-relatin~ tO water
service to County residents. (Wards 1-7)
RECOMMI~NDATION:
Staff recommends adoption of Ordinance.
BACKGROUND:
There are many instances whereby owners of property in the unincorporated area request
connection to the City Domestic water system. This Ordinance reinforces City policy requiring property
ow!~. ers of unincorporated areas to record a covenant binding current and future owners to take the
neces.saq, steps toward annexation prior to connection to the City system. The Ordinance make City
requirement for water service co. nsistent with other utility services presently provided.by the City. The
City Council adopted a similar ordinance for sewer service to County residents on April 2~, 1993.
The City of Bakersfield Water Board at its August 3, 1993 Special Meeting reviewed this
Ordinance and covenant and recommends City Council adoption of the Ordinance requiring the recording
of a covenant.
· This Ordinance was given fa'st reading at the Council meeting of August 25, 1993.
.DB
93-07 W.B.
o xs cz so.' 3 5 6 0
AN ~ ORDINANCE AMENDING SECTION
14.04.030 OF THE BAKERSFIELD :
MUNICIPAL CODE RELATING TO WATER
SERVICE TO COUNTY RESIDENTS.
BE IT ORDAINED by the Council of the City of Bakersfield
as f011ows:
SECTION 1.
Section 14.04.030 of the Bakersfield Municipal Code is
hereby amended to add the following subsections:
14.04.030 Connection to pro~rty in unincorporated areas.
E. Whenever an application is made for a water
connection to the City-owned sy. stem for property in an
unincorporated area, the City Director of 'Water Resources is
authorized to enter into-an agreement for such connection in
accordance with this chapter.
F. For such properties which are adjacent to the city,
the property owner must enter into and record a covenant binding
him or her and all future property owners to take all necessary
_.steps to immediately annex the property served by City water to the
.City.
G. For such properties which'are not adjacent to the
City, the property owner must enter into and record a covenant
binding him or her and all future property owners to take all
necessary steps to annex the property served by City water to the
City at such time as the City becomes contiguous to his or her
property, or the law otherwise permits such annexation.
SECTION 2.
..This Ordinance shall be posted in accordance with
provisions of the Bakersfield Municipal Code and shall become
effective thirty [30) days from and after the date of its passage.
.......... ooOoo-
Recording requested by and for
the benefit of
the CITY OF BAKERSFIELD
When recorded return to:
CITY .OF BAKERSFIELD
Department of Public Works
150! Truxtun Ave.
Bakersfield, CA 93301
Space for Recorder'-, Use Only
CITY OF BAKERSFIELD Bakersfield, California
COVENANT REQUIRING ANNEXATION
THIS COVENANT is executed on this day of ,199, by
. (hereina .fter"Owner/s") in connection with the extension
o~ Water service to the here-in described property, located in an unincorporated area of the County of Kern.
The real property herein de.scrLbed has been granted water service by the City of Bakersfield, even though
the property is not located within the incorporated boundaries of the City. As a condition of extension of
said .water service to this property, the property shall be annexed into the City of Bakersfield as soon as it
may be included in an annexation which is contiguous to City boundaries. The property own.ers hereby
waive their right to protest such annexation and shall take all necessary steps to immediately annex into the
City the property served by City water once said property is contiguous to City boundaries. The City
reserves the right to discontinue water service if the property does not annex into the City.
This covenant may not be amended or modified without the prior approval of the City of Bakersfield. This
covenant shall run with the land.
Property description:
OWNER(S) CITY OF BAKERSFIELD
Gene Bogart, Water Resources Director
NOTE: All signatures must be notarized.
14.04.030
extent of thc utiUzing equipment or operations for which This contract shall at. ail times be subject to such
the city is supplying water service shall immediately give changes or modifications by thc City of Bakersfield as
the city written notice of thc extent and nature of the said city may, from time to time, direct in the exercise
change, of its jurisdiction.
D. Use of Water Without Application for Service B. Bill for Service. On each bill for service there
Having Been made. Any person or f'u'm taking possession will be printed substantiaily the following language:
of and using water without having made application to If this bill is not paid within fifteen (15) days after
the city for service shail be held liable for the full amount presentation, service' may be liable to discontinuance. A
of the service rendered, cash deposit and a reconnection fee may be required to
E. Whenever an application is made for a water reestablish service.
connection to the city-owned system for property in an Should the amount of this bill be questioned, an expla-
unincorporated area, the city director of water resources nation should be requested from the city. If an explana-
is authorized to enter into an agreement for such connec- tion satisfactory to the customer is not made by the city
tion' in accordance with this chapter, and thc bill is still questioned, thc custbmer may deposit
F. For such properties which arc adjacent to thc with thc City of Bakersfield, City Treasurer, 1501
city, the property owner must enter into and record a Truxtun Avenue, Bakersfield, California 93301, thc
covcll~nt binding him or her and ail future property amount, of the bill to avoid discontinuance of service.
owners to take ail necessary steps to immediately annex Make remittance payable to City of Bakersfield and
the property served by city water to the city. attach thc bill and a statement setting forth thc basis for
G. For such properties which arc not adjacent to the the dispute of thc amount of thc bill. Thc Water Depart-
city, the property owner must enter into and record a mcnt will review the basis of the billed amount and
covenant binding him or her and ail future property disbut~e the deposit in accordance with its findings.
owners to take all necessary steps to annex the property C. Customer's Deposit Receipt. Each receipt for
served by city water to the city at such time ~ thc city cash deposit to establish or reestablish credit for service
becomes contiguous to his or her property, or the law will contain the following statements:
otherwise permits such annexation. (Ord. 3560 § 1, 1993: 1. Upon discon~nuance of service, the city will
Ord. 3504 § 1, 1992: prior code § 1.46.030) refund thc customer's deposit or thc balance thereof in
excess of unpaid bills for that service.
14.04.040 Contracts. 2. After the customer.has, during thc period of time
A contract, as a condition precedent to receiving the deposit is held or for twelve consecutive months, paid
service from thc city, will be required under any of the all bills for service, within fifteen days a.her presentation,
following circumstances: thc City will refund thc deposit.
A. Where required by provisions in a filed rate 3. Should thc customer establish credit initiaily by
schedule; deposit and subsequcndy by other means in accordance
B. When a main extension to be made under thc with Section 14.04.060 and then request thc return of his
provisions of Sections 14.04.140 through 14.04.230 deposit, thc city will return thc deposit (ord. 2585 ~§ 1,
requires an advance for construction; 1980: prior code § 1.46.0.50)
C. For temporary service supplied under thc provi-
sions of Section 14.04.130; 14.04.060 Establishment and reestablishment
D. For standby service or service requiring the of credit.
payment of an availability fee; . A. Establishment of Credit. Each applicant for
E. For any service to be furnished at rates or under metered service will be required to establish credit, which
conditions other than the rates set by the city; will be deemed established upon qualifying under any
F. Under any circumstances where a contract would one of the following:
benefit thc city and is directed to be prepared by the 1. Applicant is the owner of the premises upon
director of water resources. (ord. 3504 § 2, 1992: prior which service is requested, or of other real estate within
code § 1.46.040) the city's service area;
2. Applicant makes a cash deposit to secure pay-
14.04.050 Special information on forms, ment of his water bills as prescribed in subsection A of
A. Contracts. Each contract for water service will Section 14.04.0'/0 under "Amount to Establish Credit;"
contain substantiaily the following provisions: 3. Applicant furnishes a guarantor satisfactory to the
city to secure payment of his water bills;
471
o !
HONORABLE MAYOR AND CITY COUNCIL
September 3, 1992 I
· Page -4-
Staff believes that adequate efforts have been made to accommodate the developers
and that the decision of the Planning Commissi,on should be upheld.
DEFERRED BUSINESS
Item lla" Ordinance relatin~ to ~ater Service to Count7 Residents. lhis
Ordinance was given [irst Reading at the Council Meeting of ~uguSt 25, 1~3.
~_~Thts Ordinance reinforces City policy requiring property owners.of unincorporate~
areas to record a covenant binding current and future owners to take the
necessary, steps tpward ~nnexa~ion prior to connection to the City system. This
requtrgme~t, ts consistent with other utility strvices presently provided by the
City.
Item lib. Ordinance relatin9 to Prezoni~9 property southwest of Calloway Drive
and Bti'mhall Road (CallowayNo. 6). This is the Ordinan~ewhich provides for the
prezoning of Calloway No. 6 annexation. The Ordinanc6 was given First Reading
at the August 25th City Council .Meeting.
'Item llc. Amendment to Land Use E~ement of the 2010 Plan from LR to HMR on 8.5
acres at th~ s~thwest corner of Distritt 'Boulevard and Gosford 'Road. At the
last meeting, the Council directed the City Manager's Office to hold a
neighborhood meeting to see if the two parties' interests could be accommodated.
That was done on August lsd. While the issues were not resolved, the property
owner and neighbors agreed to work together over time to see if common ground
could be found. Based on that, staff recommends terminating this proceeding.
We will work with ithe two interests in the hope that a positive solution can be
found.
Items 11d., e.~ f.~ g. and h. Formation of Special Assessment District (Stine-
.Harris). These items pertain to the formation of a special assessment district.
The Stine-Harris portion of the district provides for the design, construction
and acquisition of street, stormdrain, sewer and'parksite improvements. This
portion was deferred from the August 11, 1993 Council Meeting, and is being
resubmitted with a letter-from the developer, St. Clair Development, accepting
responsibility for street improvements on Panama Lane along the Arvin-Edison
Canal In addition, the California Avenue/Oak Street portion of the assessment
district is being included to provide for construction of curb, gutter, sidewalk
and on additional lane of traffic along the north side of California Avenue west
of Oak Street. It also includes a commercial cul-de-sac street with access to
California Avenue and modifications to Freeway 99 northbound on-ramps and
adjacent traffic signals.
Item Iii. Draft Letter to the Plannin~ Commission. During Council Statements at
the August 25th Council Meeting,.the Council asked staff to draft a letter for
Council's consideration which would bring to the Commissioner's attention
.Council's concerns and expectations. We have drafteda letter, as requested, for
your consideration.
'TO: DOH;; 'HATER AND SA'N~TAT~ON
FR~: .::~ ,TANDY, CITY ~NAGER
SUBOECT: '
~nterest .~ ~e .on .~o levels.
~he ~o~ne2s ~scuss ou~ options
.tnfo~atio~ I Will want a meeting with t°
'regard .to,~.~th armms mentioned above. , ~::t::':'
ADMINISTRATIVE REPORT
HEKTZNG DA'Z~ ~ ·
,A~ril 14,
AG~
W~ BustneSs
TOt Honorable Mayor and City Councilnenb~r8 H~AD
IqtOl(~ Ed Sc~u!z, Public Works D/r~tor
Cl~
S~CTz O~nance ~ending Section 14.16.02'0 of ~ho ~kersfield
_Munici~l C~o rola~lng to 8~or 8o~lce
~x~s ~o~o a~o uny t~ancos vho~e~ ~e~ og
uninco~ra~ aroe r~os~ co~ec~lon .~o City
coingo~co, city ~i~ r~lriflg ~o~y ~o~ of ~inco~et~-
r~o~ a covenan~ binding curron~ e~ future ~o~ ~o ~ako s~e~ t~a~
A co~ og the Covo~ Is at~ch~ for rego~e~e,
A~I4~WI .n
CI~ OF B~~E~ ~-n~,
~S CO~N~ is cxe~ted o~ t~s ... ~y of ,1~, ~
(hcrcina~er~ *~cr/s*~ in ~c~ion ~th thc c~c~ion of sewer sc~ to ~c herein-
~fi~d pro~, l~tcd in an u~n~ratcd ar~ of ~c Co~ of Kern.
~e re~ pro~ hcrein-dc~d h~ ~en ~ant~ ~er ~ ~ ~e CiW of ~c~fiel~ ~en ~u~ ~e
~~ ~ ~t l~tcd ~n ~c CiW. ~ a ~n~on of c~e~ion of ~d sewer ~ to ~s pro~, t~e
pro~ shall ~ ~nexed into the Ci~ of ~c~ficld ~ ~n ~ it may ~ inclu~ ~ ~'~~ ~ ~
~ff~ to Ci~ ~un~fi~. ~c p.ro~ o~c~ hereby waive their ~t to protest such ~cuffon.
~s ~vcnant may not ~ amcnded or m~cd ~thout ~c p~or appro~ of the Ci~ of ~c~ficl~ ~s
~cn~t shall ~n ~ thc lan~
Property ck~:ription:
Bakersfield, California 933
OWNER(S) CITY OF BAKERSFIELD
ED W. SCHULZ, Pubik Works Dirtctor
NOT~ All sipmtures must be notarized.
· ~'. :' ~HONORABL~ MA¥0R AND CITY COUNCIL .
Page
OEFERREO BUS%NES~,
Item 11a..Ordinance Relat~ This is the propOsed adoption
of an Ordinance ~'~a'~T~ to mineral rights and subdivisions. It appears to be
noncontroversial, as various issues have been worked out with the impacted
comun i ti es.
· . . . O~~
~~ng up Council .action ~ eliminate
~he "collec:o~-s:~ee:" des~gnaC~on of Berkshire Road, be~n South "H" S:ree~
and W~ble Road. The Resolution was no: ~n p~oper fo~ a: ~he ~ :he Counctl
~oo~ ~s vo~e, so ~h~s is a conf~in9 ac~on necessary unde~ S:a~e law.
I~em 12a. O~d~nance ~elat~n9 Co Model Homes and T~ac~ Sales O-flUtes. Thts ~s an
O~d'~Hance whiCh ~endS ou~ Codes so ~ha: .~evel~ers no l°n~er have ~o go Chrough
a C.U.P. proc.~dure ~n o~der Co have ~emporary mo~el h~e sales offices. Th~s
allows model homes by ~ght, under l~m~:ed ~me constraints. Th~s ~s an action
to make ou~ developmen: ~egul a~ ohs more accepC~ble ~o ~he developmenC
and mo~e ~ea~'Onable. We believe ~ has been, and will be well ~ece~ved.
O~d~nance P~ezon~n- p~o,e~v WesC of Call,ay D~ve be~een Rose~a)e
' H~qhwa~ ~n
~onconCr~vers~al'.
~~h~~.t?~: This woul d be , new
Item 12c. regar ' ~ads. Cu~een~l~, we have
no special requ~r~en~ for ~hose c~rc~s%ances and 5-foo~ setbacks are possible.
Th~s h~s been'~aken ~h~ough %he B}A and :he Planning C~ission. I~would ~mpose
a m~n~mum setback of' 30 fee:,
rem 12d. Ordinance ~elat~n~ ~o S;~ Service to Coun~ Resident. This is a
roposed Ordinance ~ich would ~end the Bakersfield ~un~ctpa~ Co~e
re~ attng to
. providing s~er service to County resiaents. In the past, the City Counct~
approved the provision of sewer services to County ~esidents and later criteria
adopted ~tch a~lowed the staff to do so ~ ' '
about g~v~ ~ valued C~tY seduces
annex to'" e"C {~ In the past, ,e
"x to the City, but that does not ry~~h~d andJ
willingness to anne the n~ '~~:er{~ of t~'ese
therefore, there is no obligation on
properties to annex to the C~ty ~n* exchange for the sewer service.
u~re that_a ~d cQvenant be put on
' ~s p~tPa~P]d..reg~ ..... ~-~*~' .* ' '. the ~ov~'s~bn of se~
sf ~e 'rece$veou~r setv{~ ~erefore p ann~atlon
{h~ T~nd - y ' ' future
service under th~s Ordinance becomes an enhanc~nt
procedures, rather than the detriment $t currentl~ ts. This concept has had ver~
little discussion at Council leve~, but the staff has been ~rktng on tt and has
c~ up with ~at ~ belSeve ~s a reasonable solut$on to a prob3m.
this to be adopted by the City Council so that St Ss clear to
required of thm to get service.
ADMINISTRATIVE REPORT
~EETIN~ D~TE:
April 28, 1993
AGENDA 8ECTION~
Deferred
Business
AGENDA ITEM:
ll.d.
TO= Honorable Mayor and City COuncil APPROVED
FROM~ _ City Clerk DEP]tRTMENT HBAD
DATE: April 12, 1993 cITY MANAGER
SUBJECT: Ordinance amending Section 14.16.020 of the B~er/fi eld
Municipal Code relating to sewer service to county residents.
(Wards 1 - 7)
RECOM~ENDATION~
Staff recommends adoption of Ordinance.
BACKGROUNDs
There are many instances whereby owners of property in the unincorporated
area request connection to City sewers. This Ordinance reinforces City
policy requiring property owners of the Unincor~_9~e~ecprd a
covenant binding current and future owners
prior to the sewer connection.
This Ordinance was given first reading at the meeting of April 14, 1993.
nil
AP29CC4.DB, 4/16/93 9,00am
ORDINANCE NO.
AN ORDINANCE AMENDING SECTION
14.16.020 OF THB BAKERSFIELD
MUNICIPAL CODE RELATING
TO SEWER SERVICE TO COUNTY R~SIDENTS.
BE IT ORDAINED by the Council of the City of Bakersfield
as follows:
SECTION 1.
'Section 14.16.020 of the Bakersfield Municipal Code is
hereby amended to read as follows:
14.16,020 Connection to property in unincoroOrated areas.
A. Whenever an application is made for a sewer
connection to the city-owned sewer system for property in an
unincorporated ar6a, the city engineer is authorized to enter into
an agreement for such sewer connection in accordance with this
chapter.
are
B. For such prouerties whi¢
the property owner must enter
him or her and all future property owner~-%6"'take all ~ecessary
s%eps to in%mediately ~nn_ex the propert~ served by the city sewer to
%ne city.
C. For such properties
city~ the property owner must enter'"'lnto'"and
binding him or her and all future property owners to. take all
necessary'steps to annex the property served by the city sewer to
the city at such ~imeas =he city becomes co~tigUOUS ~o his or her
property, or'the law'otherwise permits such annexa~iSn.
SECTION 2.
This Ordinance shall be posted in accordance with
· provisions of the Bakersfield Municipal Code and shall become
effective thirty (30) days from and after the dat'e of its passage.
-o0o- .........
I ~.~Y CERTIFY that the foregoing Ordinance was passed
and adopted by the. Council of the Ci.t~qf~=rv~ ~ersfield at a regular
meeting ~hereof held on , by the
following vo~e:
CI~ CLE~ and Ex Officio Clerk of the
Council of the City of. Bakersfield
APPROVED
BOB PRICE ~ bf~Bakersfield ~
Mayor of the Ci~t
APPROVED AS TO FORM:
· Attorney of the City of Bakersfield
rb\ordinanc\water. 812
ORIGINAL .'
14.16.010
Chapter 14.16 C. For such properties which are not adjacent to the
city, the property owner must enter into and record a
SEWER USE BY NONRESIDENTS covenant-binding him or her and all future property
owners to take all necessary s~eps to annex the property
Sections: served by the city sewer to 'the city at such time as thc
14.16.010 Applicability. city becomes contiguous to his or her property, or the law
' 14.16.020 Connection to property in otherwise permits such annexation. (Ord. 3521 § 1, 1993:
nnincorpor~ted ar~l$. Ord. 2576 § 1 (part), 1980: prior code § 8.72.010)
14.16.030 Persons paying service charge to
sanitation district exempt from 14.16.030 Persons paying service charge to
user and capacity charge, sanitation district exempt from user
14.16.040 Disconnection where no and capacity ehnrge.
agreement. Notwithstanding any provisions of this chapter to the
14:16.050 Rates and charges, contrary, whenever any such property mentioned in Sec-
14.16.060 Occupancies listed in Section . ' tion 14.16.020 is within a sanitation district, which sanita-
14.16.050---Del'.med. tion district is paying a fee to the city pursuant to the
14.16.070 Occupancies not listed in Section terms of a contract with the city for the use of the city's
14.16.050--Rates charged, sewer line, the owner of the property shall be exempt
14.16.080 Contract--Execution after from the payment of the annual charge to the city if the
approval for connection, owner pays a service charge to the sanitation district.
14~16.090 Contract---Conditions and (Ord. 2576 § 1 (part), 1980: prior code § 8.72.020)
provisions.
14.16.100 Basis and purpose of rites and 14.16.040 DiSconnection where no agreement.
charges. A. All'private sewer lines heretofore connected to
14.16.110 Change in occupancy or use. the out-fall-main sewer system of 'the city, without the
14.16.120 AgreementtRight to Terminate. owner of the property having entered into a written agree-
14.16.130 Agreement--May contain ment with the ciVj for the payment of sewer use and
additional provisions not in capacity charge connection, shall be disconnected under
conflict with chapter, the direction of the city engineer upon thirty days' written
14.16.140 Agreement-Failure to comply notice to the property owner of the property, given by the
with---Notice--Court action, city engineer, unless within that time the owner of the
property executes an agreement for the payment of charg-
14.16.010 Applicability. es in accordance with the adopted schedule of rates and
Theterms and conditions specified in this chapter shall charges set forth in Section 14.16.050.
apply only to contracts to be entered into from and after B. Notice sent by registered mail to the property
the effective date of this chapter, and to all renewals of owner at his last known address, or to the occupant of
contrac~ now in force and effect. (Ord. 2576 § 1 (part), said property, shall be Sufficient notice under this chapter.
1980: prior code § 8.72.100) (Ord. 2576 § 1 (part), 1980: prior code § $.72.030)
14.16.020 Connection to property in 14.i6.050 Rates and charges.
unincorporated areas. The annual rate and charges for connections to a city
A. Whenever an application is made for a sewer sewer outside of the city limits shall be 'composed of the
connection 'to the city-owned sewer system for property sum of a capacity and use charge, as follows:
in an unincorporated area, the city engineer is authorized A. A use charge, which shall reasonably represent
to enter into an agreement for such sewer connection in a measure Of the applicant's use of.the system. The use
accordance with this chapter, charge shall be as per schedule adopted by the city coun-
B. For such properties which are adjacent to the cil annually, plus.
city,, the property owner must enter into and record a B. A capacity charge, which shall be for the purpose
covenant binding him 'or her and all future property of reserving a portion of the city's trunkline and sewage
owners to take all necessary steps to immediately annex treatment facilities for the applicant. The capacity charges
the property served by the city sewer to the city. shall be as follows:
501
From: Pam McCarthy
To: Denise Pennell
Date: 2/15/02 4:39PM
Subject: Joint Meeting Items
Denise,
The following items were tentatively agendized for the joint meeting of March 18, 2002:
1. High Speed Rail Terminal location (1 Hour)
2. Use'of 10% STIP funds for roadway rehabilitation (20 Min)
3. 2010 General Plan update (15 Min)
4. Report on Kern Co. Museum (20 Min)
5. Schedule for 2002 Joint Meetings (15 Min)
6. Update on Airport (15 Min)
7. Coordinating roadway improvements (Abate-a-Weed left turn) 5 Min
The Mayor has indicated as host, we will do Public Statements at the beginning of the meeting.
By way of this e-mail will you copy to Ross. He is going to speak to the Board and then get back with us.
I will not formulate a "formatted agenda" until I get info back from the you or Ross. Please call if you have
any questions ..... Pam
CC: Alan Christensen; Alan Tandy; Bart Thiltgen; Darnell Haynes; Jean Parks; John
Stinson; Roberta Gafford
BAKERSFIELD
Irma Carson, Chair
Mike Maggard
Jacquie Sullivan
Staff: Alan Christensen
· SPECIAL MEETING
INTERGOV. ERNMENTAL RELATIONS COMMITTEE
of the City Council - City of Bakersfield
Friday, February 15, 2002
12:00 noon
City Manager's Conference-Room, Suite 201
Second Floor - City Hall, 1501 Truxtun Avenue, Bakersfield, CA
A G 'E N D A
1; ROLLCALL
2. · ADOPTION.OF JULY 16, 2001 AGENDA SUMMARY REPORT
3. PUBLIC STATEMENTS
4. NEW BUSINESS
A. Discussion and Committee 'recommendation to prioritize agenda items for future Joint
City Council/Board of Supervisors meetings
2010 General Plan update process ,/b'~ ~£/~zZ~' ,' ·
1.
· ,(~. Use of 10% STIP funds for roadway rehabilitation '/~f'
_.__._~'-3. Cooi'di.-.~.qg City roadway impruve~.enls with C~i.ii-~[y
4, :'~.. ~ High Speed Rail Terminal location ,--~~/~'~o;~ '
1¢~/_.~0~,,~ 5: Sm~he~id41se pfeO~ Ce0;~ joint meetings'~ity staff proposing two
6. Other Committee suggestions
5. COMMITTEE COMMENTS
6. ADJOURNMENT
S:~.C~--~:)021GRC~Jr02feb 15agen
DRAFT
BAKERSFIELD
~ ~ Irma Carson, Chair
Alan Tandy, City Manager Mike Maggard
John W. Stinson, Assistant City Manager Jacquie Sullivan
AGENDA SUMMARY REPORT
SPECIAL MEETING
INTERGOVERNMENTAL RELATIONS COMMrl'rEE
of the City Council - City of ~Bakersfield
Monday, July 16, 2001
12:00 noon
City Manager's Conference Room
1. ROLL CALL
Called to order at 12:19 p.m.
Present: Councilmembers Irma Carson, Chair; Mike Maggard and Jacquie Sullivan
2. ADOPTION OF FEBRUARY 21; 2001 AGENDA SUMMARY REPORT
Adopted as submitted.
3. PUBLIC STATEMENTS
4. NEW BUSINESS
A. Discussion and Committee recommendation regarding Empowerment Zones
Economic Development Director Donna Kunz gave an overview of the application
process for Empowerment Zones (EZ), which is very comprehensive and the due date
to HUD is September 28, 2001. The application has to go through several layers of
approval process and the County and the State-have to nominate the City's application
for the EZ designation. Communities must meet certain thresholds to receive a
designation.
The City would be required to design a strategic plan, organized into two vOlumes. It
would have to include visions and values, a full community assessment with goals and
strategies. An implementation plan would have to be submitted with the application,
which would have to be a very detailed solid plan of how you intend to carry out all of
your projects and programs to achieve your vision from the strategic plan. Then you
must have actual projects and programs that have identified firm commitments of
resources, and identify the following: lead agencies, innovative collaborative solutions,
and realistic budgets and firm commitments for financial resources and staff.
DRAFT
INTERGOVERNMENTAL RELATION8 COMMITTEE
AGENDA SUMM^RY REPORT
July 16, 2001
Page -2-
Thirty points of the application, new to City staff, is called the tax incentive utilization
plan. Basically, this plan has .to integrate all of the tax incentives that come with the
zone designation into-the community assessment needs and the goals that were
identified in the plan. It is very project specific. Part of the application includes a
governance board and a governance plan.
The governance board is actually the body that implements and earmarks resources
over the time the zone is in place. A governance board must be established and
actual points are given on the plan, rated, on how we came up with the governance
board. Also required area Leadership Development Program, a capacity building plan
on how training and technical assistance are going to be given, and show how we
plan to assess performance each year. The last part is resource commitments, for
example, the recent $1 million CDBG funds earmarked for a targeted area would
constitute as a real commitment. Also, they would want commitments from private
industry and non-profits, so we can show a leverage of their tax credits with ratio to
private, activity commitments.
This effort will be very comprehensive and would probably require a consultant. If it
is successful, there are nine that could be awarded, two of which will be rural and
seven will be urban. The City has census tracts which meet the criteria. If an area
receives a designation, businesses that locate in these zones qualify for special
federal tax credits.
Paul Sipple, Kern COunty Community Development, spoke regarding Kern County's
experience in their efforts to apply for Arvin, Lamont, Weedpatch, and part of Shafter
and. explained some of the difficulties they have encountered in the 'application
process. Their office has been working with the communities of Lamont and
Weedpatch since 1997, when a consultant was hired to assist in putting a plan
together for what was then called an Enterprise Community Designation. For the first
go-around they submitted the Lamont-Weedpatch Revitalization Blueprint, which is a
very comprehensive strategic plan document and included community participation.
In 1998, the rules changed and in order to be competitive, a regional plan was needed
so they added the City of Arvin and part of the City of Shafter, as the program at that
time allowed for three noncontiguous areas. There was a benefit, however, having the
plan in place has helped them apply for rural development grant funds.
Staff has concerns that in this short time-frame we may not be able to come up with
a plan and be competitive. One consideration would be when doing the up-coming
Charrette process, incorporate in the RFP the strategy, the community plan and the
other needed elements, so .that we could be ready to go in the next annual cycle.
Committee Chair Carson liked the idea of using the money set aside for the Charrette
to start a community plan that could also be used in applying for the Empowerment
Zone (EZ) designation.
DRAFT
INTERGOVERNMENTAL RELATIONS COMMITTEE
AGENDA SUMMARY REPORT
July 16, 2001
Page -3- ~'
There are three or four census tracts in the southeast that would qualify under the
requirement that 70% of the census tract have to be Iow-income.
The EZ designation is on a federal level and .if the City has a designated ~map area,
offers special federal tax credit incentives for businesses that locate there. It also
allows 'added points for other grant programs when applying for federal assistance.-
Economic Development Director Donna Kunz stated that we should develop a
cOmPrehensive community plan as suggested by Committee Chair Carson and have
it .in place for the next cycle. It was noted that the plan would have to be nominated
by the County of 'Kern and the State.
Development Services Director Jack Hardisty said it would not be possible to get a
consultant on board before the application deadline of September 28, 2001 and it
would .probably cost up -to $150,000 for a consultant.to prepare the EZ designation
application. The Charrette process would only addreSs parts of the plan.
Committee Chair Carson directed Economic Development Director Donna Kunz to
work on an action plan with recommendations for funding and timelines for creation
and 'implementation of the .EZ designation application, including possible funding
sources for a consultant andbring back{o the Intergovernmental. Relations Committee.
5. COMMI~':n'EE COMMENTS
6. ADJOURNMENT
The meeting adjourned at 12:59 p.m.
Attendance .staff: Assistant City Manager John W. Stinson; City Attorney Bart Thiltgen;
Assistant to the City Manager Darnell Haynes; Economic Development Director Donna
Kunz; Development Services Director Jack'Hardisty; and Community Development,
Development Associate .Hayward Cox
Others: Paul Sipple, Kern County Community Development
S:"~,C~001 IG RC'd R01ju116sumrnary.wpd
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From: Alan Tandy
To: Alan Christensen
Date: 11/20/01 8:22AM
Subject: Re: joint .meeeting
remeber a packet and memo on each item!!!,H!
>>> Alan Christensen 1 t/19/01 4:52:09 ~PM >>>
JOint meeting is on. Tentatively, items include:
1. ~Museum Master.Plan
2. 2010 General PLan Update proce,s.~
.~.--3. High Speed Rail Terminal location
~.-.4. Use of 10% STIP Funds for-Roadway rehabilitation
5. Coordinating City.Roadway improvements with County (abate.a-weed left (urn lane)
6. Airport Term inal Project Funding (want to talk about,tim ing and ensure that,city still-planning .on
financial support)
/-7. Schedule for 2002 joint meetings (county and.city staff is proposing 2 :meetings per year)
>>> Alan Tandy 11/15/01 11:17AM >>>
our council -likes to .meet to make sure .if it ,is cancelled the county is the one!
>>> Alan Christensen 11/15/01 10:59:28 AM >>>
>>> Alan Tandy 11/14/01 16:38~PM >>>
Ken .Peterson told the Mayor-it was likly delayed until after the hoidays- the ~MKayor Ihas some conflicts
and would'like to know,the status- when youget back please see what'you can find out
Ross Elliot with the County polled {he supervisors and none were :really excited about it. I asked Jean to
contactthe Council members to determine -their interest.