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Home My WebLink About10/23/2009 B A K E R S F I E L D CITY MANAGER'S OFFICE MEMORANDUM October 23, 2009 TO: Honorable Mayor and City Council FROM: Alan Tandy, City Manager SUBJECT: General Information MISCELLANEOUS CITY NEWS Congratulations to Don Cohen and Donna Kunz for landing the Amgen Tour of California bicycle event for Bakersfield! Mark your calendars for the stage finish in Bakersfield on Thursday, May 20, 2010. Coming up in November, we will be holding three informational sessions with representatives from the County of Riverside regarding the Exclusive Care Select Health Plan for retirees - the purpose of these sessions will be to provide information and respond to retiree's questions and concerns. All sessions are scheduled to be held in the Council Chambers as follows: • Monday, November 9th from 6:00 p.m. to 7:00 p.m. • Tuesday, November 10th from 10:00 a.m. to 11 :00 a.m. • Tuesday, November 10'h from 1 :00 p.m. to 2:00 p.m. > The California Redevelopment Association (CRA) filed its lawsuit earlier this week challenging the constitutionality of the State's $2.05 billion raid of local redevelopment funds, including $1 .7 billion in FY 2009-10 and another $350 million in FY 2010-11 , for non- redevelopment purposes. More information is enclosed in a press release from the CRA. You may recall the CRA's success in 2008 when the Superior Court invalidated 2008 budget language that would have shifted $350 million in redevelopment funds. The groundbreaking ceremony earlier today marks the beginning of the second phase of the Westside Parkway. This phase of construction begins the east-west portion of the parkway and includes 4.2 miles of new roadway from Mohawk Street to Allen Road. Construction will also include interchanges at Coffee Road and Calloway Drive; bridges over the Friant-Kern Canal and Jewetta Avenue; and, a new intersection at Allen Road. The $76.5 million construction contract was awarded to Security Paving Company, and completion of this phase of the Parkway is anticipated in the summer of 2012. -� Back in early 2007, the Safe Neighborhoods and Community Relations Committee, chaired by Councilmember Carson, discussed the need for a partnership between the City, US Postal Service, and volunteers to remove graffiti from mailboxes and restore beauty and a sense of pride back into the neighborhoods. As a result, The Bakersfield Police Department and Keep Bakersfield Beautiful Anti-Graffiti Task Force program created the "Adopt A Honorable Mayor and City Council October 23, 2009 Page 2 Mailbox" program, which is a partnership between the US Postal Service, Kern County Probation Department, Dunn Edwards Paint, and the BPD Crime Prevention Unit. This year, the "Adopt A Mailbox" program will receive the Distinguished Service Citation award (a national award) from Keep America Beautiful - we are the only Keep America Beautiful Affiliate in California to receive an award this year. The Fall Festival in the Park at River Walk is this weekend on Saturday from 7:00 a.m. to 9:30 p.m. and Sunday from 10:00 a.m. to 4:00 p.m. A schedule of events is enclosed - there will be children's activities, craft shows, and various other entertainment that is free for all to enjoy! Last week's unusually potent mid-October storm produced torrential rains over the mountains north of Lake Isabella. As a result, the normally placid North Fork of the Kern River soared to records heights - not since October 1983 has the Kern River flow into Lake Isabella reached such a magnitude so early in the water year. The recent storm activity reversed the trend of a steady decrease in reservoir levels that began last June. The latest winter forecast out of the National Weather Service Climate Prediction Center calls for a moderate to strong El Nino influence, which tends to bring above normal winter and spring precipitation to the southern half of California. -� The following reports are enclosed: • The Construction Division's update of the roadway paving projects. • The Streets Division work schedule. ATA cc: Department Heads Pamela McCarthy, City Clerk Roberta Gafford, Assistant City Clerk 8 A K E R S F I E L D October 21, 2009 TO: ALL RETIREES FROM: JAVIER LOZANO, HUMAN RESOURCES MANAGER SUBJECT: RIVERSIDE EXCLUSIVE CARE SELECT BRIEFING MEETINGS We have been able to coordinate briefing meetings with the Riverside Representatives regarding the Exclusive Care Select Health Plan for Retirees. The meetings are scheduled in the City Council Chambers as follows: • Monday, November 9, 2009 from 6:00 PM—7:00 PM • Tuesday, November 10,2009 from 10:00 AM— 11:00 AM • Tuesday, November 10, 2009 from 1:00 PM—2:00 PM All meetings are scheduled in the City Council Chambers located in City Hall South at 1501 Truxtun Ave. If you cannot attend any of the meetings feel free to submit any question you may have so that we can generate a communication of Questions and Answers. PARKING PASS Tuesday Nov 1 200,v ONLY Cite Council Chambers City Hall South 1501 Truxtun Ave RETIREE RIVERSIDE ECS HEALTH INSURANCE BRIEFING MEETING PLACE IN SIGHT ON DASH OF CAR 711, Redevelo ment. Building Better Communities. FOR IMMEDIATE RELEASE: CONTACT: Kathy Fairbanks October 20, 2009 (916) 443-0872 kfairbanks @bcfpublicaffairs.com REDEVELOPMENT AGENCIES FILE LAWSUIT CHALLENGING UNCONSTITUTIONAL $2.05 BILLION STATE RAID OF LOCAL REDEVELOPMENT FUNDS Sacramento, CA—The California Redevelopment Association (CRA) announced today that it filed a lawsuit in Sacramento Superior Court to stop ABX4-26, a state budget trailer bill passed in July 2009 as part of the 2009/10 state budget. ABX4-26 authorizes a $2.05 billion raid of local redevelopment funds to use for state purposes. The lawsuit challenges the constitutionality of ABX4-26 and seeks to prevent the State from taking redevelopment funds for non-redevelopment purposes. This is the second lawsuit filed by CRA. In April 2008, the Sacramento Superior Court ruled in favor of CRA and invalidated 2008 budget language that would have shifted $350 million in redevelopment funds to the State. On September 28, the State dropped its appeal in the first case, making the April decision final and binding. "We believe the second budget raid by lawmakers is just as unconstitutional as the first," said CRA Executive Director John Shirey. "Lawmakers ignored the State Constitution and attempted to write state budget legislation around it. That's simply irresponsible policy-making, and it illustrates why many have concluded state government is broken and needs fixing." Shirey continued, "Though we fully expect to receive a favorable decision from the court a second time, local redevelopment agencies still must be prudent and set aside funding in case the court does not rule by the time the payment is due in May 2010. What that means is that many agencies will, in effect, cease to operate because they will have no funds available for new investments in their communities. Having to set aside this huge amount of funding robs California of one of its most productive job creating engines, and at a time when unemployment is high and still rising." Joining CRA as named plaintiffs are two redevelopment agencies:the Union City Redevelopment Agency in Alameda County and the Fountain Valley Agency for Community Development in Orange County. REDEVELOPMENT AGENCIES FILE LAWSUIT CHALLENGING UNCONSTITUTIONAL $2.05 BILLION STATE RAID OF LOCAL REDEVELOPMENT FUNDS October 20, 2009 Page Two The lawsuit alleges ABX4-26 is unconstitutional for two main reasons: • First, Article XVI, Section 16 of the California Constitution, approved by voters in 1952, states that redevelopment tax increment funds can only be used for specified redevelopment activities, specifically "to finance or refinance ... the redevelopment project." Taking redevelopment funds to balance the State's budget—the unquestioned purpose of ABX4-26—does not qualify as a constitutionally permitted use of redevelopment funds and is therefore unconstitutional. • Second, raiding $2.05 billion in redevelopment funds constitutes an unconstitutional impairment of contracts. Under Article XVI, Section 16 of the State Constitution, redevelopment agencies irrevocably pledge redevelopment (tax increment) revenues to pay back bonds and other obligations that raise the capital to fund redevelopment projects. By raiding funds that are pledged to pay back bonds and other creditors, ABX4-26 impairs the contractual pledge of revenues on which redevelopment financing is based. In Union City, the State raid threatens to delay the 100-acre BART Station District redevelopment project. The project, a collaboration between the Union City Redevelopment Agency, other local transit agencies and the state and federal governments, includes remodeling the BART station to create a two-sided station with additional parking; nearby new housing; new offices; and retail space. This transit-oriented development has been in the works for 10 years. To date, the Union City Redevelopment Agency has invested more than $60 million in the project, including clean up of hazardous materials and construction of public infrastructure. Project delay jeopardizes state Prop. 1 C housing funds needed to construct the housing. The Union City Redevelopment Agency has no unobligated funds to pay the $7.7 million required to be paid under ABX4-26. "It's unthinkable that all our hard work could unravel because of the irresponsibility of the State Legislature and the Governor,"said Mark Evanoff, Union City Redevelopment Agency Manager. "This project will bring new life, new jobs, and economic opportunity to Union City, and it is exactly the type of development needed in the Bay Area to reduce traffic and carbon emissions by centering jobs and homes near public transit. Unfortunately, it's all at risk because State lawmakers won't follow the Constitution." The CRA lawsuit also identifies additional constitutional violations, including two illustrated by the Fountain Valley Agency for Community Development's situation, which impacts education funding and demonstrates why attempts to ignore the law are ill-advised. In Fountain Valley, ABX4-26's requirement that money transferred to schools from redevelopment agencies be spent on pupils residing in the redevelopment project area, or in housing assisted by the redevelopment agency, will result in expenditures of approximately $3.3 million on only 64 students attending the Garden Grove School District. That's $52,518 per pupil. Average per-pupil spending in California is about $8,500. REDEVELOPMENT AGENCIES FILE LAWSUIT CHALLENGING UNCONSTITUTIONAL $2.05 BILLION STATE RAID OF LOCAL REDEVELOPMENT FUNDS October 20, 2009 Page Three At the same time, State assistance to the Garden Grove school district will be reduced by $3.3 million, resulting in a significant reduction in funds available to spend on the vast majority of students not residing in the redevelopment project area or in housing assisted by the redevelopment agency. This is in direct violation of the 1970s U.S. Supreme Court decision Serrano v. Priest which prohibits spending disparities based on geography, and a violation of Proposition 98, which obligates the State to provide funding for school districts, not funding for a special, limited group of students. "This is exactly what happens when lawmakers don't think things through," said Raymond Kromer, Fountain Valley Agency for Community Development Executive Director, and Fountain Valley City Manager. "You wind up with unintended consequences that clearly aren't in anyone's best interests, especially not the students'." Saturday,a alk October 24 23 October a - 11 am 5k Run - League of Dreams 10 am - 5 pm Arts Council of Kern "Gallery on the Breen" Children's activities FuE Haunted Maze ° Games ° Obstacle Course Arts & Cra . Costume Contest 3-5 p.rrL ord Entertainment Village Artisan's Craft Show Food Commercial Vendors Simply o i ys Pumpkin Patch 5pm -, 9:30pm Bright House Net-svorksAmphitheatre featuring Rhythm Riders Sunday,, October 23 10a-10am - 4pm Arts Council of ern "GalleN on. the ree '' z Village Artisan's Craft Show Food o ercia Vendors a _ 3 pm Sierra Summit "Learn 2 Ski"' a - 4 pm Children's Activities (see Saturday) fna Entertainment Simply Holidays Pumpkin Patch crtYVF.+�arc�rts�rn Qf on 661 .326.F NN CONSTRUCTION DIVISION WEEKLY UPDATES ROADWAY PAVING PROJECTS Status update of the roadway paving projects currently awarded as of October 22, 2009: Stockdale Highway - California to Wetherly and Country Club Lane to Ashe Road All of the new median curb has been constructed and the contractor is currently installing the irrigation system in the median area. The contractor is also performing backfill and grading operations for landscape and decorative concrete in the median area. Construction delineation and temporary traffic signage have been configured to allow two lanes of traffic in each direction while this operation is being performed. The scheduled completion date of this project is February 10, 2010. White Lane - Gosford Road to Ashe Road This project is complete. AMERICAN RECOVERY AND REINVESTMENT ACT PROJECTS: Mt Vernon Ave — SR178 to University Avenue Pavement reconstruction operations are underway between Columbus Avenue and University Avenue. Paving of the outside lanes in this area is scheduled to begin on Friday (10/22). It should also be noted that the intersection of Mt. Vernon and University will be reconstructed and paved this Saturday (10/23) in order to minimize the traffic impact at Bakersfield College. This project is expected to be complete on December 7, 2009. Ashe Road — White Lane to Ming Avenue Reconstruction of the northbound lanes is currently underway and paving operations are scheduled to begin next week. Construction delineation and temporary traffic signage have been configured to allow one lane of traffic in each direction while this operation is being performed. This project is expected to be complete on December 7, 2009. Wilson Road — White Lane to Planz Road Reconstruction of the northbound lanes is currently underway. Construction delineation and temporary traffic signage have been configured to allow one lane of traffic in each direction while this operation is being performed. This project is expected to be complete on December 7, 2009. Hughes Lane — White Lane to Planz Road Reconstruction of handicap ramps and replacement of curb and gutter is underway. This project is expected to be complete on December 7, 2009. Wible Road — Pacheco Road to White Lane Work in this street is not scheduled to begin for the next three to four weeks. All construction work on the street will be done at night between the hours of 7:00 PM to 7:00 AM. This project is expected to be complete on December 7, 2009. 10/22/2009 11:04:50 AM C:\DOCUME-1\RK I R KW-1\LOCALS-1\Temp\XPg rpwise\RoadwayProjectsUpdates_October 22.doc CDBG-R Pavement Rehabilitation Project All curb and gutter work has been completed and the contractor is currently pulverizing the existing pavement as part of the reconstruction operation. Once this operation is complete, the contractor will begin grading operations in preparation to pave these streets. The streets being done as part of this project are as follows: • King Street— Chico St. to E. 181h Street • Chico Street—Owens Street to King Street • Owens Street - Chico St. to E. 181h Street • Eureka Street—Owens Street to King Street • Dolores Street—Gage Street to Beale Avenue This project is scheduled to be complete by November 30, 2009. 10/22/2009 11:04:50 AM C:\DOCUME-1\RKIRKW-1\LOCALS-1\Temp\XPgrpwse\RoadwayProjectsUpdates_October 22.doc Page 1 of 2 STREETS DIVISION — WORK SCHEDULE WEEK OF OCTOBER 26, 2009 — OCTOBER 30, 2009 Resurfacing/Reconstructing streets in the following areas: Resurfacing streets (overlay) in the area between Jenkins Road & Renfro Road, south of Stockdale Highway. Blade sealing Wilson Road between So. "H" Street & Hughes Lane. Miscellaneous Streets Division protects: Installing a storm line and catch basins on "K" Street between California Avenue & 5th Street (CDBG FUNDED PROJECT). Installing Curb & Gutters in the area between California Avenue & 4th Street, east of Chester Avenue (CDBG FUNDED PROJECT) Working on widening Ming Avenue, east of Hughes Lane. THIS SPACE INTENTIONALLY LEFT BLANK C:\DOCUME-1\RKIRKW-1\LOCALS-1\Temp\XPgrpwise\Week of October 26_2009_Work Schedule.doc Page 2 of 2 STREETS SWEEPING SCHEDULE Monday, October 26, 2009 Between Coffee Rd. & Verdugo Ln. — Brimhall Rd., south to the Kern River boundary. Cul-de-sacs, west of Windsong St., between Brimhall Rd. & Thistlewood Ct. City areas between Rosedale Hwy. & Stockdale Hwy. — Verdugo Ln. to the west City Limit. Between Jenkins Rd. & Allen Rd. — Stockdale Hwy. & Birkenfeld Ave. Between Hosking Rd. & Astro Ave. — So. "H" St. & Union Ave. Tuesday, October 27, 2009 City areas between Olive Dr. & Downing Ave. — Coffee Rd. & Knudsen Dr./Mohawk St., including Patton Way from Weldon Ave. to Meany Ave. Between W. Columbus St. & 34th St. — Chester Ave. & San Dimas St. Between Union Ave. & Madison St. — Casa Loma Dr. & White Ln. Between Westwold Dr. & So. Laurelglen Blvd. — Gosford Rd. & Woodglen Dr. Wednesday, October 28, 2009 City areas between Snow Rd. & Rosedale Hwy. — Jewetta Ave., west to the City limit. Between Ming Ave. & So. Laurelglen Blvd. — Coffee Rd. & El Portal / Laurelglen Blvd. Thursday, October 29 2009 Sweeping areas that are not on a set street sweeping schedule. Friday, October 30, 2009 Sweeping areas that are not on a set street sweeping schedule. CADOCUME-1\RKIRKW-1\LOCALS-1\Temp\XPgrpwise\Week of October 26_2009 Work Schedule.doc