HomeMy WebLinkAbout6/29/2007 S A K E R S F I E L D
CITY MANAGER'S OFFICE
MEMORANDUM
June 29, 2007
TO: Honorable Mayor and City Council /
FROM: Alan Tandy, City Manager
SUBJECT: General Information
1. Congratulations to both the Recreation and Parks and Water Departments. We have been
notified by the State that we have been awarded a $1.4 million grant to restore a section of the
Kern River floodplain along the Kern River Parkway and construct amenities that will allow
visitors to observe the wildlife and adjacent water elements in their natural state.
2. This week the revised financial plan on the TRIP projects was sent to CalTrans and from
CalTrans to the Federal Highway Administration. While not dramatic to the public, this is a key
step in the TRIP process!
3. Donna Kunz has identified the possibility of accessing funds through the State Infrastructure
Bond. It could allow us to accelerate the construction of Mill Creek on both the North and South
ends of the project. The debt would be retired from the Old Town Kern project area on the North
and from the new revenues from the theatre complex and South Mill Creek on the South. More
information will follow along with possible Council votes to allow us to access the funds this
summer.
4. Nothing ventured — nothing gained...enclosed you will find a copy of the new RFP we are
issuing regarding the sale of the City farm. We do not know if we will get back an acceptable
proposal but there is not a lot of time or cost in giving it a try and the reward, should it work,
could be significant! Please call if you have any questions or concerns.
5. Attached is the letter the State Attorney General sent to KernCOG on the "Draft EIR for the 2007
Destination 2030 Regional Transportation Plan". The letter claims the plan could result in
significant increases in greenhouse emissions that cause global warming and requests impact
evaluation. A summary is also included of the current state of affairs. The Attorney General's
office recently filed a CEQA claim against San Bernardino County related to global warming
impact analysis in the EIR prepared for its General Plan update. EIRs in process with the City
address global climate change, but the extent of evaluation necessary to provide defensible
CEQA analysis in the eyes of the courts is uncertain.
6. GSA is continuing to study the suitability of the Central Park site. Budget review of the project
will come up in September.
7. Enclosed is an article from the L.A. Times (6/28/07) that shows we are the 14th fastest-growing
city in the nation. Other cities on the list include Lancaster, Visalia, Irvine, Fontana, Elk Grove
and Palmdale.
8. Congratulations to Florn Core and the Water Department along with Cal Water. We opened the
North West water treatment plant this week — the product of a very productive partnership
between the City and Cal Water!
Honorable Mayor and City Council
June 29, 2007
Page 2
9. Attached is a letter from Bright House Networks advising us of the general impacts to the rates
and services its acquisition of the Suddenlink cable system will have on current Suddenlink
customers.
10. Risk Management saved $100,000 on the excess workers' comp insurance and $80,000 on
property insurance —thanks to Ralph Korn and his staff.
11. The Streets Division work schedule for the week of July 2nd is enclosed.
12. Council requests are enclosed, as follows:
Councilmember Carson
• History of McDonald Sewer Project fees and response to citizen's request to freeze fees;
Councilmember Benham
• Modification of"no parking" signs in the block alley between Chester and Eye St; and,
Councilmember Sullivan
• Response to request to refer issue of cost effectiveness of Jastro Park Pool to the Community
Services Committee.
AT:rs:rk
cc: Department Heads
Pamela McCarthy, City Clerk
Roberta Gafford, Assistant City Clerk
6/29/2007 1:55:34 PM
KERN RIVER UPLAND
AND RIVER EDGE RESTORATION PROJECT
Project Summary
In collaboration with the Kern River Parkway Foundation, Kern County Parks and
Recreation, and local schools, the City of Bakersfield is applying for funds to restore
a section of the Kern River floodplain along the Kern River Parkway to its natural
condition and develop conservation and interpretive enhancements in the vicinity
east of Golden State Highway, the Union Pacific railroad, and west of the Chester
Avenue bridge, near the Calloway River Weir.
The Kern River Upland and River Edge Restoration project is approximately 3,500
linear feet encompassing 10.0 acres land within the parkway. The city owns the
project property which will allow for self-guided, interpretive trail/path areas to protect,
secure and inform the public about the Kern River native habitat. The project will
provide public access to the area for observation of native plants and animals within
a natural habitat setting. Access is provided by the bike path, which parallels the
Kern River, and is maintained by the City and by a pedestrian bridge over the canal
from the south. Recreational opportunities include biking, walking, and rollerblading;
however, there is currently no area for residents to stop and observe the area without
issues and conflicts associated with heavy bike path traffic.
Proposed amenities include conservation and interpretive enhancements (displays
and signage), natural walking paths, native shrubs, grass, trees and overlook
platforms. This project will provide excellent opportunities for schools, families,
seniors, walkers, and bicyclists to explore this portion of the Kern River Parkway by
observing the wildlife and adjacent water elements in their natural state.
To maintain the integrity of the area, users must access the area by foot. The City-
owned Carrier Canal divides the area to the South which by its design does not allow
access for motorized vehicles. Through cooperation with the Kern County Parks and
Recreation Department, vehicle and bicycle parking will be provided from the
adjacent Metro Recreation Center. A pedestrian bridge will be constructed over the
canal to connect the parking area to the project site. The bridge will be funded by
and provided as a match to the project by the City.
The City will be submitting an application for grant funds to the California River
Parkways Grant Program under the Water Security, Clean Drinking Water, Coastal
and Beach Protection Act of 2002 (Proposition 50) which was passed by voters in
November 2002. This Act provides funds available statewide for the acquisition,
restoration, protection and development of River Parkways. This is a competitive
program application process. On September 13, 2006, the City Council approved the
application.
The estimated cost of the total project is $1,798,500 and grant application amount is
$1 ,422,700. The City will match the project with $375,800 of funds and in-kind
contributions.
B A K E R S F. 1 E L D
REQUEST FOR BIDS, STATEMENT OF QUALIFICATIONS AND DEVELOPMENT PROPOSAL
RE: FOR 1260 ACRES BOUNDED ON THE SOUTH BY PANAMA LANE, ON THE NORTH
BY WHITE LANE EXTENDED, ON THE EAST BY OSWELL STREET EXTENDED, AND ON
THE WEST BY WASHINGTON AVENUE EXTENDED.
Dear Interested Party:
The City of Bakersfield and the Bakersfield Redevelopment Agency have been presented with a unique,
unprecedented real estate opportunity: the offering for sale of a large tract of land, approximately 1260
acres for consideration as a possible location for a housing/retail oriented project (master planned
community). The Bakersfield City Council and the Bakersfield Redevelopment Agency entered into a
joint Memorandum of Understanding (copy attached) to solicit a development partner for a mixed use
project to be located on this acreage. The area being considered for development is not located in a
Redevelopment Project Area, but is adjacent thereto. ,
It is the wish of the City of Bakersfield and Bakersfield Redevelopment Agency to encourage competitive
bids by allowing for variable sales terms and conditions within the parameters defined in this document.
BACKGROUND AND SELLERS CONSIDERATIONS:
The land is being priced and sold as fully entitled property as set forth in Section 2(D) herein. To achieve
this, the Bakersfield Redevelopment Agency intends to work closely with a developer to entitle the
property for a mixed-use development. The standard City of Bakersfield development agreement will be
made available to the developer should they so desire. Arterial street extensions proposed to connect
the property will be added to the Transportation Impact Funding (TIF) list and City of Bakersfield's
standard policies will be followed. All other development regulations will also be in accordance with
standard City of Bakersfield policies. It is strongly encouraged that the developer utilize a "purple pipe"
system and accept the obligation to utilize tertiary treated water for landscaping within the proposed
development.
MAJOR ISSUES:
The land being sold is part of the City's Wastewater Treatment Plant No. 2 effluent spreading operations.
The actual treatment facilities are situated on 640 acres located approximately '/ mile north of the 1260
+/- acres being sold. It will be necessary to construct additional treatment facilities to offset the
spreading capacity of the land being sold.
One key factor in award of the bid for the property sale will be the methodology by which the bidder
proposes to resolve the issue of the need to construct the additional treatment facilities before the land
being sold is removed from use for spreading effluent. Theoretical resolutions could include the
following:
1. Treatment Facilities
A. Developer agrees to pay for design and construction of the treatment facilities through cash
or from proceeds from a CFD. Assume nine months for design and a year for construction.
2) Terms & Considerations Requested:
Please define the terms you are proposing, including timing considerations in relationship
to your corporation's processes and procedures and approval by Board of Directors,
committees or other required reviews. Also, describe the proposed payment plan, desired
conveyance of property, i.e. cash, in it's entirety at closing, over a period of time with
structured payments etc.
4. Factors to be Considered in Selection of Developer
A. Bid amounts, including deposits, timing and certainty of payments.
B. Financial capability of bidder to perform
C. Experience in comparable development, references and credentials
D. Preliminary development concepts for the area; feasibility, compatibility with neighborhood and
quality of concepts.
Please submit the requested information, no later than Friday, June 29, 2007 at 5:00 p.m. to:
Bakersfield Redevelopment Agency
Attention: Alan Tandy
1501 Truxtun Avenue
Bakersfield, CA 93301
Upon receipt of the Request for Bids, Qualifications, Development Proposal form and review by the
Bakersfield Redevelopment Agency, each applicant will be sent a letter stating the Bakersfield
Redevelopment Agency's interest or non-interest in their proposal, or at the discretion of the Bakersfield
Redevelopment Agency a request for further clarification of information or documents included in the
applicant's proposal. Subsequent to the notification of interest, the Bakersfield Redevelopment Agency
will screen the initial submittals, and will notify the successful developer(s) for an interview with a review
panel.
If you have any questions on the Request for bids, statement of qualifications and development proposal,
related process or other information required, please feel free to call. We would be happy to discuss
your project or situation. In addition, subsequent to the Request for Bids, Qualifications and
Development Proposal review and developer selection, the Bakersfield Redevelopment Agency will
progress with the Exclusive Right to Negotiate phase of this process.
Please contact Redevelopment Agency Deputy Executive Director Donna L. Kunz at (661) 326-3765 or
Donald M. Anderson, Real Property Manager at (661) 326-3061.
Sincerely,
Alan Tandy
Executive Director, Bakersfield Redevelopment Agency
3
EDMUND G. BROWN JR.
Attorney General State of California
DEPARTMENT OF JUSTICE
1515 CLAY STREET,20'FLOOR
P.O.BOX 70550
I'
OAKLAND,CA 94612-0550
Public: 510-622-2100
Telephone: 510-622-2145
Facsimile: 510-622-2270
iI! E-Mail:sandmgoldbM@doj.ea.gov
+ April 18, 2007
II
By Telecoav and E-mail
!! Ronald E. Brummett, Executive Director
Kern Council of Governments
1401 19th Street, Suite 300
Bakersfield, CA 93301
Ij
RE: Draft Environmental Impact Report For the 2007 Destination 2030 Regional
Transportation Plan(State Clearinghouse No. 2006111119)
i�
' Dear Mr. Brumrnett:
! The Attorney General submits these comments to the Kern Council of Governments
("Council") on the Draft Environmental Impact Report For the 2007 Destination 2030
Regional Transportation Plan ("Regional Plan"). The Attorney General provides these
comments pursuant to his independent power and duty to protect the natural resources
of the State from pollution impairment,p ent, or destruction in furtherance of the public
interest. (See Cal. Const., art. V, § 13; Cal. Gov. Code, §§ 12511, 12600-12; D'Amico
v. Board of Medical Examiners,
11 Ca1.3d 1, 1415 (1974)). These comments are
made on behalf of the Attorney General and not on behalf of any other California
agency or office.
( l
Under the California Environmental Quality Act, Public Resources Code §21000, et
�I seq. ("CEQA"), the Council has an obligation to consider global warming Impacts of the
Regional Plan in the draft EIR. The projects and priorities identified In the Regional
Plan could result in significant increases in emissions of greenhouse gases that cause
global warming, and any increase in such emissions will make it more difficult for the
state to achieve the greenhouse gas reductions required by Assembly Bill 32. The final
II EIR must evaluate the global warming impacts of the projects and priorities adopted in
the Regional Plan and discuss feasible alternatives and mitigation measures to avoid or
reduce those impacts.
Glob Warmin in Ca 'fomia
The Intergovernmental Panel on Climate Change of the United Nations recently
published its finding that overwhelming evidence establishes that global warming is
� s
A
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Chapter 3
II Page 514 of 737
Ronald E. Brummett, Executive Director
April 18, 2007
Page 2
occurring and is caused by human activity 1 With respect to impacts in the state, the
California Climate Change Center reports that temperatures are expected to rise 4.7 to
10.5°F by the end of the century Y These increases would have serious consequences,
including substantial loss of snow-pack, an increase of as much as 55% in the risk of
large wildfires, and reductions In the quality and quantity of agricultural products?
Additionally, the report predicts increased stress on the state's vital resources and
natural landscapes.s Global warming will also slow the progress toward attainment of
the ozone air quality standard by Increasing the number of days that are
meteorologically conducive to the formation of ozone.9
in June 2005,the California Energy Commission reported that California produced 493
million metric tons of carbon dioxide-equivalent greenhouse gas ("GHG")emissions in
2002.x' Of those emissions, 82%were emissions of carbon dioxide from fossil fuel
combustionY Fossil fuel consumption in the transportation sector was the single
largest source of California's GHG emissions in 2002. According to the report,
transportation, which includes emissions from vehicles and planes, accounted for
41.2%of GHG emissions in the state.'
California's Actions to Address Global Warminsrl
On June 1, 2005, Governor Schwarzenegger issued Executive Order S-3-05. The
Order recognized California's vulnerability to global warming and the need for
1. "Climate Change 2007: The Physical Science Basis, Summary For
Policymakers" (Fourth Assessment Report of the iPCC, February 2007).
2. Amy Lynd Luers, Daniel R. Cayan et. al, Our Changing Climate:Assessing
the Risks to California(July 2006) at p. 2. The report was prepared by the Climate
Change Center at the direction of CaiEPA pursuant to its authority under Executive
Order S-3-5.
3. Id. at pp.2, 10.
4. ibid.
5. Climate Action Team Report, Executive Summary, p.xii(CalEPA March
2006).
6. "Inventory of California Greenhouse Gas Emissions and Sinks: 1990 to 2002
Update."
7. Gerry Bemis and Jennifer Allen, inventory of California Greenhouse Gas
Emissions and Sinks: 1990 to 2002 Update (June 2005)at p.5.
8. Id. at pp. 6-7. Chapter 3
Page 515 of 737
Ronald E. Brummett, Executive Director
April 18, 2007
Page 3
implementation of mitigation measures to limit the impacts to the state. The Order
specifically found that global warming results in increased temperatures that threaten to
greatly reduce the Sierra snow-pack, one of the State's primary sources of water,
threaten to further exacerbate California's air quality
human health by increasing heat stress and heat related deaths, and the risk of pact
asthma, respiratory and other health problems.
To counteract the warming trend, the Governor set GHG emission reduction targets for
Califomia: by 2010, reduce GHG emissions to 2000 levels, by 2020,to 1990 levels; by 2050, reduce emissions to 80 percent below 1990 levels. emissions
Assembly Bill 32, the California Global Warming Solutions Act of 2006, codified at
Health and Safety Code Section 38500, et seq. ("AB 32"), was signed into law by the
Governor on September 27, 2006, The bill demonstrates that the Legislature
recognizes the serious threats that global warming poses to Califomia.Y
To combat these threats, AB 32 requires reduction of the state's GHG emissions to
1990 levels by 2020,L"a time well within the 2030 planning horizon of the Regional
Plan. This emissions cap is equal to a 25% reduction from current levels.L" The bill
directs that by June 30, 2007, the California Air Resources Board ("CARB")shall
publish a list of discrete early action GHG emission reduction measures that will be
implemented by 2010.2 CARB must then adopt comprehensive regulations that will go
into effect in 2012 to require the actions necessary to achieve the GHG emissions cap
by 2020.L' The legislation also encourages entities to voluntarily reduce GHG
emissions prior to 2012 by offering credits for early voluntary reductions.141
Califomia Environmental rl-.-h Act.
CEQA and its implementing Guidelines provide that in any of the following situations, a
finding must be made that the project may have a significant effect on the environment:
(1)A proposed project has the potential to degrade the quality of the
9. Health & Safety Code § 38501.
10. Health & Safety Code§ 38550.
11. 9/27/2006 Press Release from the Office of the Governor, available at
hftp://gov.ca.govrindex.php?/pdnt-version/press-release/41 11.
12. Health& Safety Code§38560.5.
13. Health & Safety Code§ 38562.
14. Health & Safety Code §§38Ka�bCc33 38563.
Page 5116 of 737
Ronald E. Brummett, Executive Director
April 18, 2007
Page 4
environment, curtail the range of the environment, or to achieve short-term,to
the disadvantage of long-term; environmental goals.
(2)The possible effects of a project are individually limited but cumulatively
considerable. As used in this paragraph, "cumulatively considerable" means that
the incremental effects of an individual project are considerable when viewed in
connection with the effects of past projects, the effects of other current projects,
and the effects of probable future projects.
(3)The environmental effects of a project will cause substantial adverse effects
on human beings, either directly or indirectly.3'
i As part of the analysis carried out in an EIR,the agency must formulate mitigation
i measures and examine altematives to the proposed project. CEQA mandates that
i public agencies refrain from approving projects with significant environmental effects If
there are feasible alternatives or mitigation measures that can substantially lessen or
avoid those effects A
1
As the Court of Appeal concluded in Kings County Farm Bureau v. City of Hanford
1 (1990)221 Cal.App.3d 692, 720 (internal quotation omitted]):
1 "[o]ne of the most important environmental lessons evident from past experience is that
1 environmental damage often occurs Incrementally from a variety of small sources.
These sources appear insignificant, assuming threatening dimensions only when
r considered in light of the other sources with which they interact. Perhaps the best
example is air pollution, where thousands of relatively small sources of pollution cause
a serious environmental health problem. CEQA has responded to this problem of
incremental environmental degradation by requiring analysis of cumulative impacts."
1 The Regional Transportation Plan_
/ The Regional Plan is a long-range regional transportation plan that includes policies
/ and goals to guide transportation decisions and a list of proposed transportation
' projects needed through 2030. Transportation projects must be contained in, or
consistent with, the Regional Plan to qualify for federal or state funding.
Federal law directs that the Regional Plan shall include projects and strategies that will,
among other things: "protect and enhance the environment"; "promote energy
15. Public Resources Code § 21083(b); see also Cal.Code Regs., tit. 14 §
1 15065.
16. Public Resources Code§ 21081; see also, Mountain Lion Foundation v.
' Fish and Game Commission, 16 Cal.4th 105, 134(1997).
Chapter 3
Page 517 of 737
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Ronald E. Brummett, Executive Director
April 13, 2007
Page 5
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conservation"; and "improve the quality of life. ...." (23 U.S.C.A. § 134(h)). The
Regional Plan also "shall include a discussion of types of potential environmental
mitigation activities and potential areas to cariy out these activities, including activities
that may have the greatest potential to restore and maintain the environmental
functions affected by the plan." (23 U.S.C.A. § 134(i)(2xBxi)).
The County's population is expected to increase 55% by 2030, the time-frame covered
by the Regional Plan. Accordingly, large increases in vehicle miles traveled are also
expected. The Regional Plan includes new road construction, road widening and other
transportation improvements designed to accommodate these new drivers. The
Regional Plan authorizes expenditure of$1.7 billion dollars on "major highway
j improvements." However, the EIR contains no discussion of the Impact of these
! improvements on GHG emissions or the state's ability to achieve the 25% reduction in
GHG emissions required by AB 32.
The EIR Must Consider Global Warming Impacts
The Governor's Executive Order and AB 32 inform agencies'obligations under CEQA.
The existence of global warming is indisputable; it is causing significant environmental
impacts in California and will cause future catastrophic impacts if emissions levels are
i not substantially reduced; and many Incrementally small but cumulatively significant
sources of emissions are being approved and permitted every day.
Construction of the $1.7 billion dollars worth of major highway improvements and other
j projects authorized in the Regional Plan will result in a significant cumulative
contribution to the GHG load. Once permitted, these projects will continue to have
environmental implications for decades. To ensure that these projects do not conflict
with or prevent compliance with AB 32's requirement to reduce GHG emissions to1990
levels, the Council must include feasible measures to avoid or reduce GHG emissions
associated with the projects. If the proposed transportation improvements are carried
out withou< impiementing such measures, it will be more difficult for the state to achieve
the ,required statewide GHG reductions and will place a greater burden on other
sources of emissions (and may result in greater cost to achieve the required
reductions).
In iignt cf the serious threat to the environment from existing GHG emissions, and the
emission reduction requirements of AB 32, the Council has a current obligation under
CEQA to address the potential environmental impacts from increased GHG emissions
from the projects in the Regional Plan and adopt feasible mitigation measures. The
EIR must describe the existing level of GHG emissions in the County, and the
estizia;ed increased GHG emissions associated with the transportation projects
Chapter 3
rage 518 of 737
Ronald E. Brumniett, Executive Director
April 18, 2007
Page 6
included in ifie Regional PlanX" CEQA then requires that the Council evaluate the
feasible alternatives and mitigation measures that would avoid or reduce GHG
emissions associated with the actions included in the Regional Plan g In addition to
meeting t_aA requirements, these measures will help Califomia meet its statutory
requirements for GHG reductions. Moreover,AB 32 includes a provision to give credit
for measures that are taken to reduce GHG emissions before the regulations
implementing the statute are adopted (the first implementing regulations will be adopted
in June 2007).
The Climate Action Team Report to Governor Schwarzenegger and the Legislature
(CaIEPA March 2006) identifies some possible strategies for regional transportation
planning that could achieve significant GHG emission reductions. (Report at p.57.)
The first strategy- Measures to Improve Transportation Energy Efficiency and Smart
Land Use and Intelligent Transportation- includes: "ri]ncorporating energy efficiency
and climate change emissions reduction measures into the policy framework governing
land use and transportation, including framework for developing energy element in state
transportation and regional planning documents." (Id, at p.58.) It also includes:
"[d]iversifyinq ti anspoitation energy infrastructure and advancing measures to slow the
rate of vehicle miles traveled growth and excessive reliance on petroleum." ld.i-'
The second stratr gv iLdei7tified by the Climate Action Team is"Smart Land Use and
i
!7 "t1is esiirnate should take into account the effect of"induced-demand" i.e.,
incre-asr,(:i r�umt)�w r anrifor dlstan,,e of veh;cle trips per household)that will result from
i the road 'rviprovements in the PEan that are designed to improve(or maintain)traffic
i flows arici ;eiieve congestion, during a period of large population growth. The draft EIR
l (p. 5-1) icientific s "land use and growth [that] may occur in areas not previously
I envisioned" as a signifc,ant, unavoidable environmental impact of the Regional Plan.
Presi.imat.l j, ttiis would be growth in areas that are not served by public transit. The
1 draft E: ::hoUid also Faaluate these impacts on GHG emissions.
1
i 8. "ihe,•e
are several models or calculators that local governments can use to
1 evalua? ;r;t +t:r;uc"inr;s fr.?m�jarious actions. See, Center for Clean Air Policy,
Transpoilat cri Err',issioris Guidebook, Emissions Calculator
(www.c,-a.IiD.o,,,0/safr-iguidebook.php); California Energy Commission, The Energy
Yardstick'. Using Pl_ACE33 to Create More Sustainable Gommunities
(www.ener Qa saovlplaoesn; and Clean Air and Climate Protection Software -A Joint
Project of S T APPAIALAPCO, ICLEI and the EPA(www.cacpsoflwwaro.orgl).
Repor► predict (3,1113 reductions from these strategies of 1.8 million
metric 1`K fit; of .:,,2 Pyy 2070 and 9 million metric f is by 2020. (1d.)
Chapter 30
Page 519 of 737
Ronaio E, 'Br?,"rnmEtt, Executive Director
April 1t'., 2007
Pagci ,
inteliigt;4r-t?'ra isp,�rtation.,, (!d. at 57,p— Sma,-t laid use strategies "encourage
jobs.lh)ijr,ilag orc,xlr-1fty, promote transit o> ented development, and encourage high-
density 'os.ident ail'corimerci;al development along transit corridors." (1d.) Intelligent
Transpo!to jc,„n SYs'Oen1s is"the application of advanced technology systems and
mariacrrrerrt strategies to improve operational efficiency of transportation systems and
movement Of peOple, cio(.)ds and services.” (!d.)
Whiie hF, Regional Plan has addres,-ad some of these strategies, the EIR should
address the Potential to reduce GHG emissions by increasing implementation of these
and Other strategies and, where appropiiate, they should be added to the Regional
Plan.
The ;, �. 7r.�i, rf »arse ;,as the opportunity and responsibility to identify the specific
alteni,;t,tee, and MTtigation measures to reduce GHG emissions in the final EIR and in
the ker,�onal Plan, and adapt them to local conditions. We have Identified some
possiblHies below.r'for the Council's consideration.
The C'wiricii!, tcr; c�xarEjpee, stec+uld consider in Ilia EIR whether including additional public
transit pTc1ec;ts atxj projects to encourage tray sit-oriented development in the Regional
Plan yv,)uid rtdli e ":aHG emissions. The Plofrosed Regional Plan includes expenditures
Of$1.; ,ill;:;, Or mayor nighway improvements, but only$60 million for transit,
passe°aqFr ;,F , anv ! 0,1-motorized projects.?-"' The Plan identifies additional transit
projeL s (for to'Ia! exile a Lure of$112 million) that could be implemented, but funding is
not allnrated for them„g� The brief discussion of the VMT Reduction Project Alternative
in the r:i;3tl f:--t u,Iles not txnnsider GHG ernission reductions that could be achieved
under this a bite�T1ative, and also does not adequately axplain the conclusion that air
quaiity (r eferr;r,q Vi) o7.orre levels) is expected to worsen even with a major shift to
enhanc�:,J artcrriative modes Hof transportation. (p. 4-3 to 4-5).
The E .r silt-Aid aPrd i:r16 Plcll) shOL16 include, a policy to require mitigation of
GHG E:.sr ic.nc- tl7
at esult during both project construction and over the Iife of the
project.. i'hHi �&, mitigatior, measures could include a requirement to use the most
energy f;l„icii:rit bu7iding materials and Jig hting technology. For example, alternative
formulation,: of r;F rrt;?nt?a'and asphalt,24/that have substantially lower GHG emissions,
:�'t �r�� F� �r.+t prF+�yicts G?I�_ reduction:.t`��,�n th,eas strategies of 5.S million
metric.:t_rr!:; 0 ;r� 2010 arld 9 million metric tons by 2020. (1d).
p.4-20, ti umm,-irl of Unconsirainsd Projects.
fee ric,�:�i I�14�rr, 17, ,;ummary of Ormstrained Projects.
erne rl manufacture ranks ninth among the sources of U.S. GHG
emissir�r<;.
EPA Alventory of U.S. Greer ho se as Emissions and Sinks, 1590-2000
C iaper �_ 7
r:
Rona�ct ::. it r,; ,i��c�tt, C::cecutive t)i,ri(,-tcr
April 13, '60'7'
Page
should bc., used if that,+a°e available, The US. Green Building Council publishes LEED
standard,, that rrJay '�s ised W evaluate b,,,,ding materials. The Governor's Executive
Order No. f-:?Q dot li y"u,ad July "J" 2004). requires state construction and renovation
projects t") °+i.tr.lr, ...EED Silver ai"higher cor tiftcatior AY
The EiR should consider the impact on GHG levels frorvi loss of carbon sequestration
capacity trees (i7icluding those not pal of a sensitive, threatened or endangered
habitat) ,'Im dastroyeca during construction of the ;yew road and road widening projects.
This ,a sti�-inq candidate to be fine Gubject of mitigation, such as a replanting
prograrr r'esic'U cl v replace the last cart;oru sequestration capacity.
One rpn::'�s;b"'i snits: IaM use (;7,1,"smart growth") measure that the EIR should consider
is to grove ;,rFir.1 .y fr., mad rri aintenance and other•projects that will enhance existing
r resideiitia: r�'ergs ourage infill In neighborhoods in and around Bakersfield
i when: puNic tramiit is available for residenar to reach employment centers.
r The E.ih %�oijld u-rmslder, a:s further examples, potential GHG reductions from other
mlticatk ,: ;r e�s,c ru:;, vjt� a:-; ri creased public tran3ait routes and hours or frequency of
1 operzAic.r.; izmes; 'transA vu�whF rs; incentives for van pooling
i and ride r, lle,iranspo'Jajon demand management measures; retrofitting traffic
lights ':`u c. a. :u ,echraair gy; purchase c-t hybrid electric or hydrogen fuel cell buses zw
1 planting�,ees; and ecoption of additional funding priorities that target spending toward
1 populat+cr, ape en:,p yrnent c antem and witrrhold infrastructure funding from greenfield
1 develop, ;.art',a.t thva wban edge;. he:w ebsite of the organization ICLEI/Local
1 Gowrerrr k , r T
r'ur o !a,vablirty (w v-w c;lei.urg)describes many actions taken by state
and 1�c,.: .�nv r?}i,rtetit vo ,redL_r_t CH9G t la" c:ruld, also be appropriate
i
`r 4, •1.13 and 1. 14.). Alternative formulations may be
1 avaEi ►; Is .a'?-V omie .°onr. Clir', �a.Aciicn Report, p.54.
1
isph,aIt fiechnolocJy+that significantly reduces GHG emissions is
CIftTeil '� �'.!i+;7 F , �I��'_illed i)nd :raay pm',ep i;'1 be a eouible alternative road paving
mate al � ,:;�;, "'4'�'r`r , ?�x Asrpt�'I!' (1A)1'ti A" P:a nti,Ily Car, Provide Important Benefits
1 for Pnwlr±a '.:" �rtitr= ctcar , R.l r3co i L01 Riirlii�,sh Given-!-louse Gases" in
..!Hkl;-.flea..' 3171' March i, .l O T
c c�nbibrfi;ion to a GHG mitigation fund
i i•,"�: c.�°F :urvaritly it ise ;n !:,alifornia uy AG Transit and SunLine Transit
Agenc; arse. ;,.��vir_�,wtrans' .or &n 'rQrr,_�e��rrs�d main:wu and
1k'S:.+5.'.. 1 �.,.'.:`.g i r �lll rle _ P?.k?-aqS , ?a
� ±er 3
f u`1,: ,Z c.* 737
Ron,Jd E 8nji-imetA, E-Xec.ative Director
Apr,q
71r EIR shouid also evaluate how the Regional
os ' t I � I
t'e fiexibility nacessary to fund and promote new transportation
stk ich ns infrastriOure for the C?011fo mia Hydrogen Highway Network,
e faciifties, ors.,',xNrenergy applicat"ons, that are developed
Olrkl" VMMC,113 C41kmnia*Ii ortak of Wi greatest challenges. The Council
4in ,:,ddres&jnq globa, warinirKj in a constructive manner while
-,�,na urge the Council to begin meeting the
11"a'! watt, tT''':' {r-,qllona • W ano �;nvimnrnental impact report.
e,,ing theso corr?,nents.
SANDRA GOLDBERG
Deputy Attorney General
EO-MUND G. BROWN JR.
Attorney General
ifft'lTna"b"I actions to address climate change
Olen or oojr',fica Several of these jurisdictions have
to, ro(.'iuxj GH63 oink.ioions, tiurh era the Merin County
e G f�O ducll or: t:11an 2006 and the Climate Action Plan for San
Fl--jue 5',12 of 737
Page I of 2
Jim Movius - Fwd: Bingham McCutchen CEQA Alert: Global Warming and the Future of
CEQA
From: Jennie Eng
To: Jim Movius
Date: 5/11/200712:12 PM
Subject: Fwd: Bingham McCutchen CEQA Alert: Global Warming and the Future of CEQA
>>> "Bingham McCutchen LLP 2" <bingham.mccutchen @bingham.com>5/11/2007 12:10 PM >>>
BINGHAM McCUTCHEN
CEQA
114 k „m
Global Warming And The Future Of
CEQA
California's Attorney General has launched an attack that puts global warming at the
forefront of controversies under the California Environmental Quality Act.The Attorney
General has taken the unusual step of filing a CEQA claim against San Bernardino
County for failing to address effects on global warming in its Environmental Impact Report
for its General Plan update.The Attorney General's suit, combined with similar claims by
environmental groups against other public entities and developers, sends a clear signal
that the global warming debate has intersected with the enforcement of California's
environmental laws.
Global warming is no longer just a topic for the academic world. In 2006, the California
Legislature enacted AB 32, which seeks a 25% reduction in greenhouse gases by 2020.
Also in 2006, the California Attorney General filed suit against six automakers, seeking
damages related to global warming. More recently, the United States Supreme Court
issued a 5-4 decision in Massachusetts v.`Env/ronmentai Protection Agency, which held
that the EPA has authority under the Clean Air Act to regulate greenhouse gas emissions
from new vehicles.
It was only a matter of time before the issue reached CEQA actions. An early greenhouse
gas challenge to a CEQA document came in November 2006. The Center for Biological
Diversity filed a lawsuit against the City of Banning, seeking to overturn the approval of a
1500 home development. The suit alleges that the project will result in large emissions of
carbon dioxide, a greenhouse gas, because the project will increase vehicle trips, and the
EIR prepared for the project fails to analyze those emissions or associated global
warming impacts. That case remains pending.
The Center filed a similar lawsuit on April 11, 2007, challenging San Bernardino County's
new General Plan.Two days later, the Attorney General also sued. San Bernardino
updated its General Plan to accommodate a projected 25% increase in the county's
population by the year 2030. The Attorney General contends "despite the enactment of
AB 32, the FEIR on the General Plan update . . . makes no attempt to analyze the effects
of those [greenhouse gas emission] increases on global warming or the greenhouse gas
emissions reductions required by AB 32 . . .". It will take several months before the trial
court reaches any decision in the case.
file://C:ADocuments and Settings\imovius\Local Settings\Temp\XPgrpwise\46445DAACIT... 5/11/2007
Page 2 of 2
In the short term, agencies and developers can expect lawsuits similar to those filed by
the Center and the Attorney General. With no published case directly on point, the parties
will seek to establish precedent that will shape California's environmental future. In the
long term, many agencies will be finding a way to address greenhouse gas emissions in
their CEQA documents. For the foreseeable future,the legal battles over this issue will be
hotly contested.
For further information, please contact the following attorneys:
Barbara J. Schussman 4arbarrsa.schussman@.b.innngham.00m 925.975.5319
Geoffrey K. Willis geoffrey.willis @bingham.com 714.975.0606
Gregory Woodard grggpry.woodar.d@bingh_amxom 714.830.0634
Bingham McCutchen's Land Use and Development group is among the largest and most accomplished in the nation.Please
visit www,12inharn.cjom for more information about our attorneys and our work.
Circular 230 Disclosure: Internal Revenue Service regulations provide
that, for the purpose of avoiding certain penalties under the Internal
Revenue Code, taxpayers may rely only on opinions of counsel that meet
specific requirements set forth in the regulations, including a requirement
that such opinions contain extensive factual and legal discussion and
analysis. Any tax advice that may be contained herein does not constitute
an opinion that meets the requirements of the regulations. Any such tax
advice therefore cannot be used, and was not intended or written to be
used, for the purpose of avoiding any federal tax penalties that the Internal
Revenue Service may attempt to impose.
BINGHAM McCUTCHEN
:nnx,r r,;tr,r N41 rerarchnq prwe(;lion of your pr r„ona�Information o,if you wt,Jr.i ilke to iuhscrioc n un5ub.,t.Gl,..to
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05.2007 .;al advtne addressed f:�a particular situation.
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file://C:\Documents and Settings\imoviusUcal Settings\Temp\XPgrpwise\46445DAACIT... 5/11/2007
IaZr ,.
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HIGH DESERT HOUSING:New homes arefor sale in a devel,
said affordable homes and a business friendly environment;nave fu(
Four Southland
the fastestliowi,
Lancaster,at No. 10,is Commerce."We have room and a
lot of it.
the highest California Other cities on the list in-
city on the list of the top vine,Fontana , Elk Grove a'and
25.Others are Irvine, Palmdale.
The statistics are based on
Fontana and Palmdale: residential construction in cities
with populations of 100,000 or
By ANNA GORMAN more from July 1,2005,to July 1,
Times Staff Writer 2006,said Greg Harper,a Census
Bureau demographer.
Seven California communi- Lancaster city officials said
ties made this year's ranking of affordable homes and a busi-
the 25 fastest-growing big cities ness-friendly environment; have
in the country,according to sta- fueled the rapid growth.
tistics released today by the U.S. "When you look at us overall,
Census Bureau. we pretty much have it going on,"
Lancaster ranked 10th in the said Mayor Henry Hearns, who
country, with a population of also is a pastor at a church east
nearly 141,000—up 5%over the of Palmdale."The word has got-
previous year. ten out. People who want to
"We're really the last area in move out to California think that
L.A. County that has space to this is a good place to raise a fam-
grow,"said Steve Malicott,presi- ily."
dent and chief executive of the Lancaster has numerous
Antelope Valley Chambers of sports fields.Andit is well placed
Fastest-growing U.S. cities
Seven California cities ranked among the fastest-growing in the
U.S.,according to the latest census numbers.
"- Population estimates for cities with more than 100,000 people.
--°- °— Population Percent increase
-� Rank City 7/1/06 since 7/1/05-
1 North Las Vegas, Nev. 197,567 11.9%
" 2 McKinney, Texas 107 530 I1 1
3 Port St. Lucie, Fla. 143,868 9.9
4 Cape Coral, Fla. 151,389 $.1
5 Gilbert, Ariz. 191,517 7.8
e# 6 Grand Prairie, Texas 153 $12 6 6
r �
7 Peoria, Ariz. 142 024 5.8
8 Cary, N.C. 112,414 5.1 ;
9 Denton,Texas 109,561 5.1
° 10 Lancaster 140,804 5.0
11 Fort Worth 653,320 4.8
12 Joliet, III. 142.702 4.8
13 Miami 404,048 4.5
.... ....... .
r
_ r N 14 Bakersfield 308,392 4.3`
15 Raleigh N.C. 356 321 3.9
z `R 16 Chandler, Ariz. 240 595 3.8
lk 1�,
sk t i _
17 Baton Rouge, La 229 553 3 8
18 Henderson, Nev 240 614 3 7
F
19 Visalia, Calif. 113,487 3.7
20 Irvine 193,956 3 5
21 Fontana . 170,0 ......... ...95 3.4
.;. 22 Orlando, Fla. 220;186 33
23 Laredo,Texas 215,484 3.1
24 Elk Grove, Calif ... 129 184 3'A
25 Palmdale 138,790 3 1
Photographs by ANNE CUSACK Los Angeles Times
pment at 30th Street East and Avenue Kin Lancaster.City officials Source:U.S.Ceasus Bureau
led the city's rapid population growth to nearly 141,000. Las Angeles Times
• 1,.
cities are amon gy n� *
ag in the nation
t
"The lower the better,"Mayor
for recreation, with the beach, l * �
mountains, ski resorts and des- James Cooperjoked.
ert all within atwo-hour drive. The city has a population of
City officials are holding town more than 129,000,up more than
hall meetings and inviting resi- 3%over the previous year.Coop-
dents to give their input on the er said it has been difficult keep-
area's future. ing up with new residents mov- '' =,r
Among the goals are to con- ing into the city. In a unique
tinue reducing crime and to at- effort, the streets, parks and
tract more high-paying jobs, so schools of one new community q r
that tens of thousands of resi- are being built before the homes. _
dents will not have to commute "Developers didn't like it,but
from the Antelope Valley to jobs the public did,"Cooper said. CULTURAL CLIMATE: The Lancaster Performing Arts
elsewhere in Los Angeles He said the area is very popu- Center on Lancaster Boulevard is one of the city's amenities.
County. lar with families. More than
"If we can keep those people 15,000 children participate in and schools. has opened a sports arena and
here and off the highways, their youth sports,he said.In fact,he Tandy said the city received a an outdoor amphitheater,as well
quality of life will be better,"Mali- said, residents have complained large federal grant earmarked as approving new restaurants,to
cott said. that there are too few city parks for transportation projects two make the area.more livable.
Though several of the fastest- with sports fields. years ago and was developing a "There has been a lingering
growing cities were in Southern The rapid growth in Bakers- loop freeway system around the reputation that we have had
California,a few were in the Cen- field,with a population of more city to alleviate congestion. The since the 1950s,"he said."It's no
tral Valley and one was in the than 308,000, also has created schools and the city had to longer accurate.... We have ac-
northern part of the state. challenges, City Manager Alan charge the residents additional tually become a very desirable
Elk Grove,a community near Tandy said. About 3,600 homes fees to help cover costs. community."
Sacramento that ranked first were constructed last year, he Nevertheless,Tandy said,the
last year,was 24th. said, straining the city's roads city welcomes newcomers and anna.gorman @latimes.com
3701 North Sillect Avenue Joseph R. Schoenstein
Bakersfield, CA 93308 Division President
Tel (661) 634-2260 Bakersfield Division
Fax (661) 395-3378
bright
house
NETWORKS
June 21, 2007
Alan Tandy
City Manager
,r'�_. c*� f'_T
�...tiv u, i,ukcSuGitl
1 501 Truxtun Avenue
Bakersfield, CA 93301
Dear Mr. Tandy:
As you are aware, last fall Bright House Networks announced an agreement to acquire
the Suddenlink cable system in Bakersfield. This is the same system that previously was
owned by Cox Communications. The acquisition was subject to certain regulatory
approvals, the last of which was received from the FTC on May 24, 2007.
The formal closing on the acquisition is expected on July 2, 2007.
This letter is to advise you in general terms of what the impact will be for current
Suddenlink customers. It is our goal to transition the rates and services of these customers
to those of Bright House Networks as quickly as possible but with the commitment to do
it right. Bright House Networks offers faster high-speed internet services, video on
demand, and digital telephone service — all features current Suddenlink customers will
welcome.
It is important to ante that customer's rates, tiers of sere�ice, telephone number for
support, and bill fortnats will not change immediately.
The first change customers will notice is in their video channel line-up. At the time of
close, certain channels will be added, repositioned, and/or deleted from the line-up in
order to align the channels more closely to what Bright House Networks customers
currently receive. Many of these changes are driven by contractual requirements. Notice
of this change has already been given via a full-page ad in the Bakersfield Californian
and further communications to customers are planned. A copy of the notice is attached
for your convenience. It is expected that customers will see these changes on Monday,
July 2, 2007.
The second change customers will see is with their high-speed data service. We will be
working as quickly as possible to upgrade the speed of their service to match that of
Bright House Networks, which is as much as 40% faster. In addition, through the
cooperative efforts of Cox Communications, Suddenlink and Bright House Networks,
almost all customers will have to change their email address only once. We were able to
avoid a Cox to Suddenlink change with most customers moving right from Cox to our
Road Runner platform. Bright House Networks will work hard to communicate this
change well in advance and minimize any customer inconvenience. It is currently
anticipated that this change will occur in August.
Starting in September or October, we will begin the process of migrating customers (both
individually and in geographic clusters) from Suddenlink's cable plant to ours. Again, we
plan comprehensive communication with customers in advance. As customers are cut
over to our plant, they will have access to all our services as described above. They will
be on our channel line-up, and they will move to our rates. These transitions will occur in
a controlled fashion so we don't exceed our capacity to operationally address any service
issues in the home that might come up.
Commercial customers are also a consideration in this process and we will be
communicating directly with them on any changes that they might see.
It is anticipated that it will take several months to complete the transition. I am declining
to give a target completion date as we are committed to moving as quickly as we can do it
right. Only time will tell how fast that really is.
The entire Bright House Networks team here in Bakersfield works very hard to ensure
our customers are satisfied with our services. This will not change at all with this
transition. While there will undoubtedly be some hiccups, rest assured we will do our best
to make this as smooth as possible for all concerned.
Finally, as a reminder, Bright House Networks will not assume the franchise held by
Suddenlink, but rather will operate under our existing franchise.
Please feel free to contact me directly if you have any questions, need further information
or have any constituent concerns.
Regar s,
Joe Schoenstein
President
Bakersfield Division
Iahbk610_SL ae_vb S/I3/a> 9:20 Ae Page 1
>w�
ate �£ T -.,:e��•
IMPORTANT Very soon NOTICE
you may notice a chap g e.
The flowers change.The seasons change.People change.In about thirty to forty-five days your channel line-up may change.As previously announced,
Suddenlink Communications and Bright House Networks have entered into a purchase agreement under which Bright House Networks would acquire
Suddenl ink,a cable television system serving the City of Bakersfield.If this transaction is completed,Bright House Networks will be the new provider of cable
service to current Suddenlink subscribers.Pursuant to the completion of the transaction,the following changes will take place,but will only occur if the
transaction between Suddenlink and Bright House Networks is completed.If the transaction is not completed,Suddenlink will remain your cable provider and
these changes to your channel line-up will not take effect.
HERE ARE THE CHANNELS THAT ARE BRAND NEW TO YOUR LINE-UP: THESE CHANNELS CAN BE FOUND ON THEIR NEW CHANNEL#:
TV Superstore Limited Basic,Channel 24 KABE(Univision) Will be on Channel 17
GAC Standard,Channel 57 The CW Will be on Channel 12
Fox Movie Channel Movie Tier,Channel 202 KEN(Kern Educational TV) Will be on Channel 15
Gospel Channel Variety Tier,Channel 217 C-SPAN2 Will be on Channel 20
Canal Sur Conexi6n Unica,Channel 419 Azteca America Will be on Channel 29
TV Puma Conexi6n Unica,Channel 420 Telemundo Will be on Channel 30
Pleasure Adult PPV,Channel 595
Fresh Adult PPV,Channel 592 THERE ARE A FEW CHANNELS CHANGING FROM STANDARD SERVICE
Shorteez Adult PPV,Channel 593 TO DIGITAL: -
MTV2 Will be on Variety Tier,Channel 231
THESE CHANNELS WILL NO LONGER BE AVAILABLE: Speed Will be on Variety Tier,Channel 230
` CMT Will be on Variety Tier,Channel 234
Home Shopping Network Stan Comedy Discovery Health Will be on Variety Tier,Channel 238
Horse Racing TV Sundance Fox Sports an Espafiol Will be only on Conexi6n Unica,Channel 408
MTV Hits Ritmoson Latino
TVG Pura Country
Ten
Tel One Ten AND FINALLY,A FEW CHANNELS MOVING FROM DIGITAL TO
Clips
Telehit Ten Blox STANDARD SERVICE:
de Pelicula Hot Zone Fuse Will be on Standard,Channel 60
de Pelicula Clasico Spire Xcess Lifetime Movie Network Will be on Standard,Channel 53
Club Jenne WE:Women's Entertainment Will be on Standard,Channel 70
If the above mentioned transaction is completed,the following channel line-up will go into effect.
56 SPOKEN - 23D Speed 360 Encore 725 Universal HD
2 KVPi IPBS) 57 GAC - 231 Ml 361 STARZI 731 HD-Net-Sports
3 KGET INBCI 58 Travel Chmnel 233 VH1 Classic 362 STARZI Edge 732 HD-Nat-Movies
4 KUVI ll 59 Versus 234 CMT 363 STARZI in Black 740 HBO HD
5 w.a
.CA Chmm.VKNBC Ne .KTLA No— 60 Fuse Z37 SRV 364 STARZI Kids&Family 750 Shrnwime HO
6 KBFX IFOX) 61 TV Land 238 Oiscovery Health 365 STARZI Cinema
7 KBAK ICBSI 52 HDTV 239 STYLE
8.KEROIABC) 63. Braro 901 Showcase
9 KCAL - 64 History Channel 4p0.:CNN ea Espanol, 9D2 Today.Country
10 KCETIPBSI 65 Tomar Classic Moves 240 CSTV -am History an Espahol So Caasic Country
11 'TSS 56 FI 242 ESPN Classic 402 Discovery aaEspli 904 Ba gras,
12 The CW -- 67:Comedy Central 243 ESPN - 403 STY 905 RAS and Hip-Hap
13. Toolutra En EspaBoll 70 WE Wpmeni Entensinmem 244 FOX Soccer Channel 404 ENTN ea Eir 1. 906 Classic R&S
14 OvC. 71 Got Channel 245 FOX Collage Sports Atlantic 405 Gelavision 907 Smooth R&B.
15. KETV iKem Educational N) 72 Shop NBC - - 246.FOX College Sperm Conval 406 Mun2 BOB R&B Has
16 KGOV 73 AC"4JvworlyTeleeiaion) 247 FOX CoII ge Sports Pacific 407 ESPN Deports S09 Rap -
17 KABE IU 'ianl 74 PrMwY-CWpgd.: 248 FUEL 408 Fox Spam en Espehol - 910 Metal
18 Galena on(Ea Espanol) 75 1VOikJA ieel:.. - 249 Th.Tennis Channel 409 Toon Dunay Eap,aul " 911 Rock
19 C-PAN 76 Sci-R 253 Bloomberg IntTV 410 NickToons Espeaol 912 Arena Rock
20 C•SPAN2, - 77 BET 254 Kern Weather Network 411 Boomerang m Espehol 9t3 Clsasic Rock
21 'ESPN Cl,as c.: .:-;l TatrmTTed Baai Clumusels ` Y 2.55 G4 all Sao,.. 914 Alternative
22. Custanr hL Cho coal ? �< .2yI _p mga 2c� .r 299 Dighal PPV Previews 415 Gnabnno - 915 Ratro+ctiva
23 TV S - 413 IM Espehol 916 Electronics
24 NSuperatt 437 VH Uno - - 917 Dane.
25 Th Weenier Channel 99 Informavon Channel 300 HBO Wen 418 VidmiRalle 913 Adult Atery e
25 Lifetree 100 Di—my Kids 301 H802 West Alt Cane)Sur 919 Soft Rock
27 FX 101 Th.Science Channel 2102 H00 Signatre West ,4211 TV Puma 920 Hit Ust
28 USA 102 Discovery Home Channel 303 HBO Zone Wen 4H.HBO Labno West'- 921 Party Fsvoraes
29:`Attack America 103 Discovery Tmas 304 HBO Comedy Wen ,199 NBD Latina East' 922'90c
30 Telemundo 104 TM M hbry Channel 3a5 HBO Family West - 498 Playboy Espanol PPV1 923'WS
31 :CoertN 105 Noggin 306 HBO Latino Wen 924 70,
32..Discovery Channel 3D7 HBO Latino East 925 Solid Gold Oldies
33 Nickelodeon 310 HBO East 430 Th.Filipino Channel SM Singe.and Standards
34 ESPN 201 ITC '. 311 HBO 2Een 440 ZEE TV IHindi/South Asian) 927 all Bend&Swing
35 ESPN2 203
36 Fax Movie Channel 312 HBOSgnewre EEast 92B Fast listening
.Disney Chamul 2021 Encore 313 HBO Family East 929 SmopOi Jaat
37 ABC Family Channel 1D1 Enema love Stories. 320 Cinemax West 500 a gnal PPV�Pran""- .930:tau
38 AMC 205 Encore W.M. 321 MoraMo.Wen 501-509 Dighil iNDson nd 93t Blues
39 ABE - 206.Encore Mystery 322 AcumMn 591 Playboy 932 Reggae
40 Food N—,k 707 Encore Action 323 ThrillerMax 592 Fresh 933 5oundreapes
41 TNT 208 Encore Drama 330 OuterMax 593 Shia— 934 Classical Masterpieces
42,.The taming Chennal 331 WMas Sgt Hm Nnwork 935 Opate
43 'Carom Nmvork 332 Chiles 5%Plea— - 976.UgIn Classical
44 FOX Sports Nett - 217 Gospel Channel 333 5StrMax 598 Playboy ea Espa5ol. SP Show Tunes
45 FOXSpom Net 218 NeOonal Geographic CM 334 Cinemax East 601-M ESPN PPVPeckeges 933 Contemporary Christian
46 CNN.Heedlina News 219 DIY Network 335 Moremax East 656659 MLS Onat lick on Gospel
47 CNBC 220 Bmmerang 340 Showtime 67OVS NHt2ML8 PPVPackegas 940 Redi.Disney
48 'CNN 222 Toon Disney 341 ShOVmmO Too 941 Sounds aftbe Seasons
49 MSNBC 223 NickToons Network 342 Shown—Showcase 942 Music,Urbana
50 FOX News Channel 224 Nickelodeon Gas 343 Shownme Beyond 703 KGET HD INBCI 943 Salsa y Merengue
51 VHA 225 USN 344 Showume Esoeme 707 KBAK HD ICBSI 944 Rocklin Eepa6d
52 MTV 226 Soap Net 345 Snowdon,Nest 708 KERO HD ABC) 945 Pop Latino
53 Lifetime Movie Network 227 Oxygen 346 ShavAme Women 715 Discovery HO Thestat
54 Animal Planet 728 BBCAmerice 347 Showmme Family 720 ESPN HD
55 Hellmerk Channel 229 Fine Living 2150 The Movie Channel 722 TNT HD -
Ali
'Limited Basic Channels 2 through 25 available.Mu t.rdIncluded with all tligiteiservices.Other hol,and may apply.t order
sudden lira
subscribe to HBO to receive HBO)aline.Must order PPV in order to receive Playboy Espahol,antl be 78 or older to order
adult programming.HD service requires an HDTV and the rental of an HD Receiver.
Life Connected"
Page 1 of 2
STREETS DIVISION —WORK SCHEDULE
WEEK OF JULY 2 — JULY 6, 2007
Resurfacing/Reconstructing streets in the following areas:
Continue working the street reconstruction project in the area between Pacheco
Road and Fairview Road, So. "H" Street and Monitor Street.
Resurfacing streets in the area between Golden State Avenue and 17th Street,
"F" Street and "L" Street.
Miscellaneous Streets Division projects:
Continue installing curb and gutter in the area between California Avenue and 4th
Street, Union Avenue and "P" Street.
Continue working on the storm line installation project on Benton Street, between
Wilson Road and Belvedere Avenue.
Continue working on installing curb and gutters in the area between Alta Vista
Drive and Baker Street, Flower Street and 178 Highway. (CDBG FUNDED)
Working on the installation of curb, gutter and sidewalk on the south side of Casa
Loma Drive, west of Lotus Lane
C:\DOCUME-1\mmuniz\LOCALS-1\Temp\XPgrpwise\Week of JULY 2,2007.Work Schedule.doc
Page 2 of 2
STREET SWEEPING SCHEDULE
Monday, July 2, 2007
Between Oak Street and "F" Street, 16th Street to Golden State Frontage Road.
Between Bernard Street and Niles Street, Chester Avenue to Alta Vista Drive.
City streets between Jenkins Road and Allen Road, Rosedale Highway to Palm
Avenue.
Between Brimhall Road and Rowland Avenue, Jenkins Road to Rugger Street.
Between Allen Road and Jewetta Avenue, Stockdale Highway north to the canal.
_Tuesday, July 3, 2007
Between California Avenue and Brundage Lane, Oak street to Union Avenue.
Wednesday, July 4, 2007
HOLIDAY - NO SWEEPING
Thursday, July 5 2007
Between Truxtun Avenue and Brundage Lane, Union Avenue and Washington Street.
Between Bernard Street and Niles Street, Alta Vista Drive to Owens Street.
City area between Owens Street and Williams Street, Flower to Kentucky.
Between Kroll Way and Camino Media, Gosford Road to Don Hart Drive.
Between Pacheco Road and Panama Lane, Old River Road to Progress Road.
Friday, July 6, 2007
Between Paladino Drive and 178 Highway, Morning Drive to Columbus Street.
City area between 178 Highway and Azalea Avenue, Media Luna Avenue to Fairfax
Road.
Area between 178 Highway and College Avenue, east and west side of Fairfax Road
Between Ming Avenue and White Lane, Allen Road to Old River Road.
Between Pensinger Road and Panama Lane, Freesia Way to Buena Vista Road.
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040e T
B A K E R S F I E L D
CITY OF BAKERSFIELD
PUBLIC WORKS DEPARTMENT
MEMORANDUM
TO: Alan Tandy, City Manager
FROM: Raul Rojas, Public Works Director /
DATE: June 22, 2007
SUBJECT: MCDONALD SEWER PROJECT
Referral No. 1777
COUNCILMEMBER CARSON REQUESTED STAFF PROVIDE A HISTORY ON THE
FEES FOR THE MCDONALD SEWER PROJECT AND ALSO A RESPONSE TO
KATHLEEN RAMOS' REQUEST TO FREEZE THE FEES FOR THIS SEWER
PROJECT.
In May 2006, a letter was sent to the property owners in the project area. A copy of that
letter is attached. That letter informed them about the following fees:
• "Sewer Connection Fee, which is currently $2,500"
• Share of construction cost: $4,579.45 per property. "This charge will be inflated
at a rate of 3% per year starting one year after the City has completed
construction of the sewer line"
• Building Permit Fee (The letter did not state the amount of this fee; it is $45.00)
This letter also informed the property owners that "all of these fees and charges will be
increasing due to inflation. So it will be less expensive to connect sooner than later."
In June 2007, a second letter was sent to the property owners. A copy of this letter is
attached. This second letter did not list restate the above fees. It did include the
statement that "the one time per resident sewer connection fee is increased yearly,
every July 1st." The letter also encouraged the owners to "contact the City of
Bakersfield previous to this date to complete a sewer connection agreement to avoid
this annual increase."
City staff has contacted Ms. Ramos and informed her that if she files the sewer
connection agreement by July 31, 2007, the charge for the sewer connection fee will be
held at the $2,800 amount.
G:\GROUPDAT\Referrals\2007\06-20\Ref#1777 McDonald Sewer.docG:\GROUPDAT\Referrals\2007\06-20\Ref#1777 McDonald
Sewer.doc
B A K E R S F I E L D
Office of the City Clerk • Ex Officio Clerk of the Council
June 13, 2007
RE: McDonald Sewer Project
To Whom It May Concern:
This letter is to update you on the progress of your neighborhood's sanitary sewer
collection system project. The bulk of the system has been completed and the remainder
is in the final stage. The main sewer pipes are installed as well as all lateral piping to each
of the individual residences. The final portion of the project to be completed is the sewer
lift station. The station is 95 percent complete.
The station will pump the collected sewage to an existing large capacity sewer pipe
located in Stockdale Highway. There, the effluent will be carried to Sewer Treatment
Plant No 3 located at Panama Lane and Ashe Road. Due to a delay in delivery of a
electrical service meter pedestal, it is expected that the cabinet and pumps will arrive the
latter part of June.
The City of Bakersfield has been working with PG&E for the past year to provide
electrical service to the station. PG&E is scheduling their portion of work to supply the
electrical service to the pump station. This is scheduled for the early part of July 2007.
Once the pumps, cabinet and electrical service is in place, the final pump tests will be
performed and the system will be ready for use. This will be as early as August, this year.
You were informed in earlier correspondence of the steps and fees required to connect to
the newly constructed sewer system. These requirements remain the same. The owner is
responsible for obtaining a building permit to abandon the existing septic system, pay the
City's current Sewer Connection Fee, and per City policy pay a share of the project's
construction costs, all per City municipal code.
The City of Bakersfield encourages property owners to abandon their septic tanks and
connect to the sanitary sewer line. The elimination of septic tanks and installation of
sewer lines is a costly endeavor for the homeowners. The City desires to assist the
property owners by helping to make connection to the sewer line affordable. This can be
accomplished by permitting the property owner to repay the required system construction
costs and connection fee over a extended period of time.
In order to accomplish this, the City has recently approved a city ordinance amending the
Bakersfield Municipal Code relating to sewers. The ordinance permits the City to enter
into an agreement with the property owner.
City of Bakersfield • City Clerk's Office • 1501 Truxtun Avenue
Bakersfield, California • 93301
(661 ) 326-3767 • Fax(661) 323-3780
May 10, 2007
Page 2
The sewer connection fee and sewer construction fee is combined and'placed on the
property tax bill. The total amount is spread over a period not to exeeed five years. No
interest is charged. The cost shall be considered a lien on the owner's property to which
the connection is made. The ordinance will become effective June 2�, 2007.
^I would Vo point out that the one time per resident sewer connection fee is increased
yearly, evEry July 1st. You may contact the City of Bakersfield previous to this date to
complete a sewer connection agreement to avoid this annual increase. Please call Dan
Anson at(661) 326-3584 to make arrangements.
Property owners who meet low-income requirements might qualify for a grant that can be
applied to pay for connection to the sewer system. You may determine if you qualify for
that grant by referring to the City's Economic and Community Development Department
at (661) 326-3765.
Again please note, that you decide when you want to connect to this new sewer line. You
will not be obligated to pay any fees or charges until you choose to connect to the sewer
line. These fees and construction charges will be increasing due to inflation. It will be
less expensive to connect sooner that later.
Thank you for your cooperation and patience during the project's construction. The
System is a state of the art sewer collection system that will service your area for years to
come.
If you have any questions,please contact Arnold Ramming at(661)326-3591.
Very truly yours,
Raul M Rotas-_._.�.�.�_m~_
Public Works Director
c: Irma Carson
Jacques R. LaRochelle
Phil Burns
Vince Zaragoza
John A Stinson
SAPROIECTS\Rlt\Projects 03-04\E2K012\To Whom It May Concerl.doc
B A K E R S F I E L D
C A L I I± O R N I A
May 16, 2006
CITY COUNCIL RE: Sewer Construction, McDonald Way Sewer and Lift Station Project
Harvey L.Hall
To Whom It May Concern:
Mayor
The lily of Bakersilicici is ple[iscd L' ' ' ti, ,:,..+'.lCt:o of ni ,-y
w iIiiGtai you uu i G..,..,,,. _ c�___ta_j
Mike Maggard sewer collection system in your neighborhood will begin in the next few months.
rice-Mayor The system is designed to provide service to 256 residences. The residences to be
Ward 3 serviced are in the area bounded by Stockdale Highway on the south, North
Irma Carson McDonald Way on the west, Joseph Drive on the north and North Stine Road on
Ward I the east.
Susan M.Benham The City Council awarded a construction contract for the project at their April 26,
Ward 2 2006 meeting. Construction of the project is tentatively set to begin in June or
Da July 2006 and will continue for a ten month period. The construction process will
David
Ward ch consist primarily of trenching near the middle of existing roadways, and installing
sewer pipe ranging from 4", 6" and 8" in diameter. The City will make every
Harold W.Hanson effort to maintain safe vehicular ingress and egress to the residences.
Ward S
Your cooperation and patience during the construction process would be greatly
W ard 6
Jacq Sullivan appreciated. The City will keep you updated as to what days the various
W neighborhood streets will be affected throughout the construction period.
Zack Scrivner
Ward 7 The City will extend a service lateral to your front property line. The City's
inspector will contact you to coordinate the exact location of where you want
that service lateral. You, the propert;,, owner, will be responsible fo1 connecting
your house sewer line to this service lateral. You will also be responsible for
abandoning the existing septic system on your property. In order to do that, you
will need to obtain a building permit from the City Building Department. There
will be a Building Permit Fee charged for that permit. You can call the Building
Department's Permit Technician at 661-326-3923 to get more information on how
to obtain that permit. When that permit is issued, you will be required to pay the
City's Sewer Connection Fee, which is currently$2,500.
Per City policy, each property owner will also be required to pay a share of the
construction cost of this project. That payment is due at the time the owner elects
to connect to the sewer line. This is done through a Planned Sewer Area which
was established for this project site in December 2004. The current Planned
Sewer Area charge is $4,579.45 per property. This charge will be inflated at a
1501 Truxtun Avenue•Bakersfield,California 93301 •(661)326-3767•Fax(661)323-3780
rate of 3% per year starting one year after the City has completed construction of
the sewer line.
May 16, 2006
Page 2
Property owners who meet low-income requirements might qualify for a grant which can
be used to pay the City Building Permit Fee, the Sewer Connection Fee and the property
owner's share of the project construction cost. To determine if you qualify for that grant,
contact George Gonzales in the City's Economic and Community Development
Department at 661-326-3765. You might also qualify for a grant which can be used to
pay for abandoning your existing scp-L-i% systei i anul corm-Icting y.ow louse sewer line to
the service lateral.
Those property owners who do not qualify for that grant can either pay the full amount of
all the fees and charges in one payment or request to have some of those charges billed
to their property taxes over a period of several years. The Building Permit Fee must be
paid in full at the time the permit is issued. The Sewer Connection Fee and the share of
the construction project can be billed to your property taxes. To get more information
about having your payments added to your property taxes, please contact John A. Stinson
in the City's Public Works Department at 661-326-3592.
Please note that you decide when you want to connect to this new sewer line. You will
not be obligated to pay any fees or charges until you choose to connect to the sewer line.
However, please be aware that all of these fees and charges will be increasing due to
inflation. So it will be less expensive to connect sooner than later. Also be aware that
after this sewer line is constructed, you will not be allowed to make any repairs to your
existing septic system. If your septic system needs repairs,City ordinances require that
you connect to this new sewer line.
If you have any questions about the project, please contact Arnold Ramming in the City's
Public Worlcs Department at(661) 326-3 . 3541
Very truly yours,
Irma Car on
City Col ber, Ward 1
c: Alan Tandy
Raul Rojas
Jacques R. LaRochelle
Phil Burns
George Gonzales
Arnold Ramming
Z04....
f
S A K E R S F i E L D
CITY OF BAKERSFIELD
PUBLIC WORKS DEPARTMENTS 2007
MEMORANDUM
TO: Alan Tandy, City Manager
FROM: Raul Rojas, Public Works Director
DATE: June 27, 2007
SUBJECT: PARKING SIGNAGE BETWEEN CHESTER AND EYE
Referral No. 1779
COUNCILMEMBER BENHAM REQUESTED PUBLIC WORKS STAFF COORDINATE
WITH THE POLICE DEPARTMENT TO RESPOND TO A REQUEST FROM GOLDEN
EMPIRE HISTORICAL SOCIETY TO AMEND THE "NO PARKING SIGNAGE" IN THE
BLOCK ALLEY BETWEEN CHESTER AND EYE ST, NORTH OF 19TH STREET.
Traffic Engineering will initiate a work order to modify the "no parking" signs to add the
phrase "except Saturday and Sunday" as requested. Mr. Bob Campbell of the Golden
Empire Historical Society was contacted and a message left indicating that the City will
be modifying the parking signs as requested.
C:\DOCUME-1\Iskinner\LOCALS-1\Temp\XPgrpwise\Ref#1779 Parking Space.doc
JU y 2 2007
B A K E R S F I E L D
Department of Recreation and Parks
Date: June 26, 2007
To: Alan Tandy, City Manager
From: Dianne Hoover, Director of Recreation & Parks
Subject: Jastro Park Pool
Referral # 001782 —Ward 6
Councilmember Sullivan requested the issue of the Jastro Park Pool and its cost
effectiveness be referred to the Community Services Department.
Staff will monitor the Jastro pool programs and attendance this summer. The pool will
close August 4, 2007. We will then prepare a report for the Community Services
Committee meeting in August.
Summary of Factors to Include in Bid
1. Nonrefundable bid deposit payment of $5,000.
2. Total bid amount. Payment to be made upon sales agreement, and schedule and certainty of
payments.
I Plan to deal with the Treatment Facility needs of the City, including timing considerations.
4. Time needed to process General Plan Amendments, zone changes and tentative map.
5. Developer experience, references and credentials.
6. Developer's financial capacity to perform.
7. Preliminary concept for development of the area that should show compatibility with the
neighborhood and surrounding area.
8. Developer's willingness to accept "purple pipe" plan and tertiary treated water for irrigation
needs.
4
B. Developer may wish to propose some kind of hybrid methodology wherein an early
payment covers design and a later payment from cash; a CFD or other then covers
construction.
C. Developer may wish the City of Bakersfield to pay for design and construction from sale
proceeds.
D. Obviously, the timing of the availability of the land for development will be impacted by
when design and construction are funded. The City of Bakersfield will take all financial
terms including this condition into account in the bid award.
2. Deposit Amounts
The City of Bakersfield and Bakersfield Redevelopment Agency only wish to enter into
discussions with serious potential buyers. Therefore:
A. A nonrefundable payment of $5,000 will be required to accompany the bid in order for it to
be considered.
B. The City of Bakersfield and Bakersfield Redevelopment Agency will select a developer
and negotiate the specific terms of the deal. That time frame will be 90 days. A
nonrefundable payment will be required as a condition of entering into the exclusive right
to negotiate contract.
C. The City of Bakersfield, Bakersfield Redevelopment Agency and developer will negotiate
deal points and entitlements of a purchase/sale agreement. Escrow would be opened and
the developer will make the first payment in an amount to be specified in the bid. A
memorandum of the purchase/sale agreement would be recorded reflecting developer's
right of purchase. The Bakersfield Redevelopment agency and the developer will
cooperate to fully entitle the land according to developer's plans, with the developer
paying all costs associated with that process.
D. Upon completion of the entitlement process (General Plan Amendment, Zone Change,
Specific Plan (optional), Vested Tentative Tract Maps, and EIR), the balance of the
compensation to be provided and the escrow will be finalized or alternately in accordance
with schedules in the bid.
3. Payment Terms
The City of Bakersfield and Bakersfield Redevelopment Agency recognize that value and timing
of payments are related.
1) Price offered
Please note the preference of the City of Bakersfield and Bakersfield Redevelopment
Agency is for a cash settlement for the balance of the property at the close of escrow. In
the event that an acceptable bid is not received on that basis, other time based payment
plans will be considered as a secondary preference that will include partial release of land
sections. The City of Bakersfield and Bakersfield Redevelopment agency will give a
preference in the award to certainty of the time of payments, as opposed to floating or not
precisely defined time frames. Shorter rather than longer time frames are preferred.
Specifics of all amounts with related times must appear in the bid proposal. The City of
Bakersfield will not provide seller financing or subordinate any lien position.
2