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12/14/2007
X0*400- S A K E R S F I E L D CITY MANAGER'S OFFICE MEMORANDUM December 14, 2007 TO: Honorable Mayor and City Council,. FROM: Alan Tandy, City Manager SUBJECT: General Information 1. With reference to the proposed Central Park location for the Federal Courthouse, enclosed is correspondence we received from the GSA this week. They have provided us with their draft Phase I Environmental Site Assessment and Site Suitability Study. Both are preliminary documents that are necessary as part of their review process. The ESA does not contain any information about the site that would be a cause for significant concern. We will be working with the GSA to obtain more detail to complete that part of the review. In addition, they have requested a legal description for the canal and site as part of their joint review with the U.S. Courts and U.S. Marshal's service, which we will provide. The next step is the Phase II ESA and Biological Assessment, which the GSA hopes to begin shortly, after which the GSA and City would hold a public meeting for comment and feedback. It would tentatively take place in March, provided the Phase II ESA and Biological Assessment can be completed by then. Both the environmental assessment and the site suitability study are very detailed and voluminous, so as a matter of practicality, we have not included them. If you have questions, or would like a copy of the report, please call. 2. According to the City Attorney, the CEQA lawsuit filed by the City of Bakersfield against the City of Shaffer has been dismissed by the Superior Court on procedural grounds. Substantively, the City Attorney's Office believes that the ruling is not fatal. However, a Notice of Appeal will be filed in a timely manner. If Council has any questions on this matter between now and your next meeting in January, please call Ginny. 3. According to the enclosed article in the Sacramento Bee, the Governor is discussing midyear spending cuts in programs to relieve the pressure on a now estimated $14 billion budget shortfall. 4. Enclosed are pictures showing the progress in Central Park and Fire Station No. 5. 5. Beavers have destroyed ten trees to date along the Kern River bike path between Calloway and The Park at River Walk. Crews will be removing stumps and will eventually replace the damaged trees once the beavers have been removed. Fish and Honorable Mayor and City Council December 14, 2007 Page 2 Game is aware of the beavers but have not yet provided a time frame on when they will be removed. 6. Last Saturday, 50 volunteers with the Kern River Parkway foundation planted 27 trees around the Texaco parking area off Truxtun Avenue. 7. The City of Bakersfield has met all criteria to be designated as Tree City USA for the 11th straight year by the Arbor Day Foundation. 8. Recreation and Parks' activity report for the month of November is enclosed. 9. The Streets Division work schedule for the week of December 17th is enclosed. 10. Responses to Council requests are enclosed, as follows: Councilmember Benham • Follow-up on citizen's complaint regarding code violations. AT:rs:rk cc: Department Heads Pamela McCarthy, City Clerk Roberta Gafford, Assistant City Clerk GSA Pacific Rim Region December 11, 2007 Mr. Allan G. Tandy 12 �007 City Manager, Bakersfield GiTy 1501 Truxtun Avenue ZAIINAGpSOF�lCE Bakersfield, CA 93301 Mr. Tandy: Enclosed with this letter, you will find a Draft copy of the Phase I Environmental Site Assessment (ESA) and Site Suitability Study conducted on the Central Park site for the proposed United States Courthouse. The potential impacts to the property (as related to the ESA) are detailed in the attached evaluation. The Phase I ESA recommends that a Phase II ESA be completed in an effort to determine whether or not the fill materials referenced in the report contain any contaminants that would be harmful to the human and natural environment. For this reason, General Services Administration (GSA) plans to work with the City of Bakersfield, where appropriate, to obtain a Phase II ESA and other related activities to address the information gaps cited in the report. The Site Suitability Study notes that there is presently no legal description of the Kern Island Canal, or the proposed site. Therefore, we respectfully request that the City provide to GSA a metes and bounds property survey specifying the actual location of the top of the creek bank and a complete legal description of the proposed site. The legal description of the site and the location of the top of the creek bank are essential information because, at this time, we are exploring whether the canal adjacent to the site can be used to provide the required fifty (50) foot security setback. Pending the receipt of the legal description of the site and the top of the canal bank, we will meet again with the U.S. Courts and U.S. Marshals Service on this issue. GSA is also currently working with the U.S. Courts and U.S. Marshals Service to finalize their space requirements. U.S.General Services Administration 450 Golden Gate Avenue San Francisco,CA 94102-3434 www.gsa.gov Letter to Alan Tandy City Manager, Bakersfield Page 2 As a matter of standard practice, GSA initiated consultation with the U.S. Fish and Wildlife Service (USFWS) regarding the proposed site. The USFWS informed us that there are eleven (11) threatened and endangered species that have been found in the area that may be affected by the proposed project. The USFWS has recommended that, to ensure compliance with the Endangered Species Act of 1973, GSA should hire a contractor to complete a Biological Assessment to determine whether the proposed project will affect any threatened or endangered species (or their habitat) in the project area and to identify ways to mitigate any such effects. It is anticipated that conducting the Phase II ESA and Biological Assessment will take approximately two months from the time the contract for these reviews is issued. We hope to have this contract negotiated and in place this month. As part of the environmental analysis for the project, GSA would like to coordinate with the City of Bakersfield to hold a Public Scoping Meeting. The purposes of this meeting are as follows: 1. To inform the public of the proposed project; 2. To inform the public as to the environmental status of the site; and 3. To provide citizens and all concerned stakeholders an opportunity to comment on the proposed project. We would like to schedule the Public Scoping Meeting after the results of the Phase II ESA and Biological Assessment are known. Based on an anticipated contract award date during the last half of December 2007, we believe that by the first half of March 2008 we will be ready to conduct this meeting. Letter to Alan Tandy City Manager, Bakersfield Page 3 Since the proposed Public Scoping Meeting is intended to be open to the general public, it would be helpful if the City could provide a meeting room in a public facility. Anticipated facility requirements include a projector for a PowerPoint presentation, seating for up to fifty (50) attendees, 5 tables to facilitate the registration and sign-in of attendees and a place for attendees to write comments, and 6 easels for display of presentation materials. We proposed that the Public Scoping Meeting be held during a two-hour window from 5:00 PM to 7:00 PM. Please advise us as to the availability of a public meeting room to accommodate the proposed Public Scoping Meeting as soon as possible. If the City is unable to provide such a meeting room, GSA will procure suitable facilities at a local commercial establishment. Should you have any questions or concerns, please do not hesitate to call me at (415) 522-3191. Sincerely, )ames ne Director, San Francisco Service Center (9PF) Public Buildings Service Enclosure Draft Phase I Environmental Assessment: US Magistrate's Court Project, Bakersfield, CA cc: The Honorable Mayor Harvey L. Hall Donna Kunz, Economic Development Director Raul Rojas, Public Works Director Don Anderson, Real Property Manager Susan Kim, Asst. Circuit Executive Space and Facilities Judicial Council of the Ninth Circuit, Office of the Circuit Executive The Honorable Senator Barbara Boxer The Honorable Representative Kevin McCarthy Peter Shteyn, GSA From bad to worse for deficit - sacbee.com Page 1 of 2 'P ;icrtteMeatt7 Svc This story is taken from Sacbee / Politics. From bad to worse for deficit State's budget shortfall now put at $14 billion; pressure's on to consider cuts, tax hikes. By Kevin Yamamura - kyamamura @s_ac__bee._c_om Published 12;00 am PST Wednesday, December 12, 2007 Gov. Arnold Schwarzenegger's finance officials are estimating a California budget deficit next year of $14 billion, significantly larger than the $9.8 billion gap previously forecast by a state budget analyst, according to two sources who have spoken to the governor. The growing estimate increases pressure on Schwarzenegger and lawmakers to cut spending, consider tax increases and possibly sell off public assets to close the budget hole. Schwarzenegger last month ordered all departments to prepare spending plans for the fiscal year that begins next June 30 that are 10 percent below what they had anticipated. The governor and some GOP lawmakers also have suggested more immediate midyear cuts in spending. Schwarzenegger is meeting with legislative leaders to brief them on the budget problem after Department of Finance officials revised their estimates Monday. State officials based their calculations on new economic and revenue indicators that took into account the sluggish housing market, drops in property tax revenues and increased expenditures from Southern California wildfires, among other factors, according to spokesman H.D. Palmer. Legislative Analyst Elizabeth Hill last month estimated the budget gap at $9.8 billion over the next 18 months, larger than the $6.1 billion Schwarzenegger's office originally projected. She traced the problem to growing state expenditures and an economy reeling from problems in the housing market. The governor's Department of Finance now believes the deficit is beyond $10 billion, Palmer confirmed. He declined to specify how large the deficit estimate is until Schwarzenegger finishes meeting with legislative leaders, but two sources who have met with the governor said his office pegged the shortfall at approximately $14 billion. Perata, who met with the governor Tuesday, also confirmed the total was significantly larger than Hill's estimate. "We've known that it was going to be much larger than $6.1 billion," Palmer said. "We have the benefit of having more economic data to refine our estimates." Schwarzenegger has been meeting with various interest groups in recent weeks, including educators, advocates for social services and local government officials. The governor discussed midyear spending cuts in programs during a meeting with local government groups, said Rich Gordon, a San Mateo County supervisor and president of the California State Association of Counties. "In a meeting last week with the governor and (Chief of Staff) Susan Kennedy, they pointed out that any http://www.sacbee.com/111/v-print/story/560995.htm1 12/13/2007 From bad to worse for deficit - sacbee.com Page 2 of 2 dollar they can save this year becomes two dollars saved next year," Gordon said. "So I believe you will see, beginning in January, some approach at reductions." "We're dependent on state revenues," he noted, "so reductions in state funding will have a direct impact on local communities." Assembly Republican leader Mike Villines of Clovis said he wants to convene bipartisan working groups on the budget to discuss solutions. He said his caucus will not support tax increases but that "once we rule that out, everything is on the table." "It's clear that the number is going to be higher than the $10 billion at this point," said Villines, who met with the governor Tuesday. "If the number is going to be above $10 billion, we need to make sure Californians are understanding this and that Californians know we're doing something about it and taking action." Assemblyman John Laird, D-Santa Cruz, agreed with Villines that a bipartisan group is necessary to confront the budget problem. But he said that cuts and tax increases alike need to be considered. "This is so big, there's no way we can do this by cuts alone," Laird said. "There's no way we can do this by revenue adjustments alone." Assemblyman Roger Niello, R-Fair Oaks, who serves as vice chairman of the Assembly Budget Committee, said he believes falling home prices and a reassessment of property for tax purposes have made the budget problem worse than previously thought. He called for midyear cuts in the current 2007-08 budget year in addition to reductions in next year's spending. "We have to take a look at this year's budget as soon as possible and make any adjustments we can for this year, which will make it easier for us to make adjustments next year," Niello said. "We have to move sooner rather than later on the significant problems we know we have." Laird said midyear cuts to programs are often difficult because the state would have to "cut twice as deep to get to an annual level," while local governments have year-long labor contracts that could be problematic. Steven Maviglio, a spokesman for Assembly Speaker Fabian Nunez, said Assembly Democrats scheduled a closed-door caucus Thursday to discuss health care and the budget, and lawmakers will be urged not to propose bills with new spending or tax cuts. Go to: Sacbee / Back to story This article is protected by copyright and should not be printed or distributed for anything except personal use. The Sacramento Bee,2100 Q St., P.O. Box 15779,Sacramento,CA 95852 Phone: (916) 321-1000 Copyright©The Sacramento Bee http://www.sacbee.com/111/v-print/story/560995.htm1 12/13/2007 RECOVER D`C 1 Z 2007 CITY MANAGER'S OFFICE B A K E R S F I E L D Department of Recreation and Parks Date: December 10, 2007 To: Alan Tandy, City Manager From: Diannd Hoover, Director of Recreation & Parks Subject: November monthly report ADMINISTRATION • Staff reviewed the proposed Sports Village plans with various stakeholder groups such as Bakersfield Brigade, AYSO Region 73 and Golden Empire Youth Football. • Staff made preparations for the Community Services Committee meeting for December 5th. Topics included reports on pools, the master plan, and Sports Village updates. • Work continues on accreditation standards. Staff is about 70% completed with the self-assessment. • Design development continues on Aera Park and Greystone Park; both nearing final design stages. • Veterans Memorial Plaza opened to the public; park maintenance will start 90 days after opening. • Mesa Marin design development began with MIG awarded as contractor. • Central Park, the beginning of the Mill Creek project, was fenced off and construction started. Crews are moving quickly. • Tradewinds Park is also under construction; to be open in Spring, 2008. • Upcoming City Council agenda items include agreements on Rivers Edge Park, Sassafrass Park, Paladino Park and Grand Canyon Park. • Other developments that have met in November include City in the Hills and McAllister Ranch. "We create a quality community through people, parks and programs" • Completion of the First Five grant for safety surfacing will be accomplished by year's end. • Received contract for review from the State, Prop 50 funds regarding the $1.4 million dollar project to be completed within three years. • Accepted 4.8 acres of landscaping and 1.14 acres into the one year maintenance period. • Discussions continued on the upcoming move to the Borton and Petrini Building. PARKS: • Parks staff won the area competition in Tulare, sweeping first place in all events for the first time since the competition began. • Race Slayton was promoted to Supervisor II in the tree division. • Concrete was poured at Quailwood, Patriot's, Campus Park South, Jefferson and University in preparation for safety surfacing, paid for by the First Five grant. • Park entry signs are being repaired and installed by city staff. • A new park maintenance area was created, with Tom Jones as the new supervisor. • The soccer field at Beach Park closed for repairs this winter, to be opened again in February. • Boulders were placed in Stonecreek and Seasons Parks to limit field play to smaller areas. • Staff assisted the Kern River Parkway Foundation in volunteer plantings of 147 trees at The Park at River Walk, Yokuts and River Oaks Parks. • Annual tree contractor trimmed 615 trees and removed 10 this month. • City crews trimmed and cleared 114 trees and removed 6. Eighty loads were hauled to greenwaste facility. • Ninety- two trees were planted (in addition to the volunteer project), 679 shrubs and 546 ground covers were also planted. • Largest cost of vandalism in November was to the fence rails in the Polo Grounds area and to sprinkler heads. • Repairs to security and tennis court lighting were done at Beale, Jastro, MLK, Siemon and Joshua Parks. Tennis nets were repaired at Beale and Siemon Parks. "We create a quality community through people, parks and programs" SPECIAL PROJECTS: • Poinsettias were added to the holiday decorations for the first time, as a request from Councilmember Sullivan. Twenty —three (23) small plants were placed in front of Rabobank, with the remainder 35 being placed at City Hall. • BPD held their 25th Memorial Run at The Park at River Walk with over 500 participants. The site works well, and they are already planning for next year. • The RFQ for management of the Roller Hockey rink went out for bid in late November. • All four of our bleachers were used at the Veteran's Memorial dedication. • Plans are underway for the Spring Festival; also known as "Bit of Bakersfield." AQUATICS: • Attendance again increased at McMurtrey over the same time last year, this month by 48% for a total of 2,408 in November. • The 100 mile club now has 384 members and has swum a combined total of 20,700 miles. • The Bakersfield Swim Club held a meet on November 10, bringing 300 swimmers and spectators to McMurtrey. • The second annual Turkey Splash was held with over 250 people attending the Saturday event. The City partnered with Standard Elementary School, encouraging kids to bring a canned food item for admission. Over 1,300 canned food items were donated to the Golden Empire Gleaners from this event. ATHLETICS: • The City's first Home Run Derby was held on November 17 at Beach Park, sponsored by Bakersfield Athletic Supply/Equipment (BASE). There were 15 participants in men's and women's divisions. Winners took home a nice softball bag. • The City partnered with the Kern County Disc Golf Club to sponsor the first city tournament at the Kern River Parkway. There were 54 participants, with a total attendance of 125. • Thirty (30) children participated in the city's first Hershey Track and Field event with after school participants from Silver Creek and MLK. Each participant learned the benefits of fitness and physical activity, and each child had to prepare and practice prior to competing. Winners received medals, but all received healthy snacks and a water bottle. "We create a quality community through people, parks and programs" • The League of Dreams — Adaptive Basketball program was made possible with a collaboration of Terrio-Therapy,Children's Miracle Network, Darlyn's Darlings, Memorial Hospital and the Bakersfield City Firefighters. There were 62 participants in a six week league at Silver Creek Park. Over 375 came to the final awards ceremony, with each participant receiving a trophy, t-shirt and picture. • Adaptive Ice skating continues once a month at the Ice Sports Center. • Staff attends meetings with "Get Moving Kern", a collaborative of agencies that want to fight the obesity problem in Kern County. • Staff also worked on the Professional Development conference planning. • "One Book, One Bakersfield" will be focusing on the fast food industry and its impact on obesity. Staff is helping with some of the promotional events to be held this spring. DR. MARTIN LUTHER KING, JR. COMMUNITY CENTER: • Total attendance for November was 2,898, including all classes and programs. • Gardening classes occur every Tuesday and Thursday after school with about 25 kids participating. They have planted snow peas, and kids are anxious to see how things grow and are eager to learn. • Staff provided the stage, tables and support for the Stop the Violence candle light vigil. About 30 people attended. • MLK staff is involved in the California Park and Recreation Society (CPRS) District activities, especially in preparation for the Professional Development conference. • The conference had over 125 participants and included break out sessions, a guest speaker and lunch. • Computer classes are held on Tuesday and Thursday mornings for adults willing to learn about computers. • After school homework help is offered, with incentives to kids to complete their homework. It is growing in popularity and the kids benefit at school as well. SILVER CREEK COMMUNITY CENTER: • The after school theme this year is "Being Healthy can be Fun." Kids test every week on fitness skills, and also learn about good nutrition. • The Turkey shoot was held during the Turkey Splash event at McMurtrey, with increased attendance and participation over past years. • Silver Creek staff is responsible for the brochure; new winter edition should be mailed the week of December 17. • Total attendance for month was 2783. "We create a quality community through people, parks and programs" ' �— 104 re - INIA � » 1,74 POI N 3 » f � y t 3 } q. ti ' y Y f i W 3 g+� 1 x Page 1 of 2 STREETS DIVISION —WORK SCHEDULE WEEK OF DECEMBER 17 — DECEMBER 21, 2007 Resurfacing/Reconstructing streets in the following areas: Continue reconstructing streets in the area between Gosford Road and So. Laurelglen, south of Westwold Drive. Miscellaneous Streets Division protects: Continue working on the curb and gutter installation project (CDBG Funded) in the area between Flower Street and 178 Highway, Alta Vista Drive to Kern Street. Working on the Mill Creek project. Working on installing the sewer lift station and sewer line at Fire Station #5. Working on the Aera Park project. CADOCUME-1\RKIRKW-1\LOCALS-1\Temp\XPg rpwise\Week of December 17_2007-Work Schedule.doc Page 2 of 2 STREET SWEEPING SCHEDULE Mondav, December 17, 2007 Between Panama Lane and McKee Road, Stine Road to 99 Highway. Between McKee Road to Panama Road, Stine Road to Wible Road. Tuesday, December 18 2007 Between Wilson Road and Stine Road, Ming Avenue to White Lane. Between District Boulevard and Panama Lane, Gosford Road to Ashe Road. Ashe Road and Stine Road; Panama Lane, north to the railroad tracks. Cul-de-sac between Manley Court and Chris Court, north of Angela Way. Wednesday, December 19, 2007 Between White Lane and Panama Lane, Buena Vista Road to Old River Road. Between Old River Road and Gosford Road, White Lane to Pacheco Road. Between College Avenue and Willis Avenue, Morning Drive to Park Drive. Thursday, December 20, 2007 Between Stockdale Highway and White Lane, Gosford Road to Ashe Road. Between Ming Avenue and White Lane, Ashe Road to Wilson Road. Fridav, December 21, 2007 Between Stockdale Highway and Ming Avenue, Allen Road to Old River Road. Between Old River Road and Gosford Road, Ming Avenue and White Lane. Between Brundage Lane and E. Belle Terrace, Union Avenue to Cottonwood Road. Between Union Avenue and Cottonwood Road, Casa Loma Drive to Watts Drive. Between Oswell Park Drive and Brundage Lane, Oswell Street to Leeta Street. Between Brundage Lane and Zephyr lane, Oswell Street to Calle Del Sol. CADOCUME-1\RKIRKW-1\LOCALS-1\Temp\XPgrpwise\Week of December 17-2007-Work Schedule.doc /000 B A K E R S F I E L D CITY MANAGER'S OFFICE MEMORANDUM December 14, 2007 TO: Honorable Mayor and City Council FROM: Rick Kirkwood, Management Assistant SUBJECT: Code Enforcement Violations at Village Lane Apartments Council Referral Councilmember Benham requested staff follow-up on Jose Quirarte's comments made at the December 12, 2007 City Council meeting regarding code violations. During the Public Statements portion of the December 12, 2007 City Council meeting, Jose Quirarte spoke regarding code violations at the Village Lane Apartments, 5101 Marsha St., and stated his car had been towed. I spoke with Mr. Quirarte this morning and referred him to Greater Bakersfield Legal Assistance to obtain advice regarding the pending sale of his car at a lien sale and to Fair Housing regarding the complaints he filed with Section 8. This matter has also been referred to Code Enforcement to inspect the property for any violations.