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01/29/2010
B A K E R S F I E L D CITY MANAGER'S OFFICE MEMORANDUM January 29, 2010 TO: Honorable Mayor and City Co n FROM: Alan Tandy, City Manager SUBJECT: General Information V MISCELLANEOUS CITY NEWS -� The California High Speed Rail Authority recently requested applications for Heavy Maintenance Rail Facility sites. In total, fifteen proposals were submitted, including two applications submitted by KernCOG for a site in the City of Shafter and a site in the City of Wasco. The City of Bakersfield is fully supportive of locating the Heavy Maintenance Rail Facility in Kern County. A decision on the site will be made once the environmental review process is complete which may occur sometime next year. -� Security Paving Complany, the contractor for the Mohawk Extension project, plans to work on a waterline connection at Truxtun Avenue and Mohawk Street on Monday, February I". The work will require lane closures of the Number 2 (outside) westbound traffic lane on Truxtun Avenue and the Number 2 left turn lane on the northbound side of Mohawk Street. The lane closures wil be in effect from 8:30 a.m, to 4:00 p.m. Motorists should remain alert to changing traffic conditions and watch for construction equipment and personnel while traveling through the area. The City and TRIP invite the public to attend an informational meeting regarding Westside Parkway Phase 2 construction. The meeting will be held on February 3rd from 4:30 to 7:30 p.m. at Columbia Elementary School located at 703 Mondavi Way. Please see the attached news release for additional information. The enclosed list of "Top 100 Worldwide Arena Venues" from the January 18, 2010 issue of Pollstar magazine lists Rabobank Arena as number 87. -� Letters are enclosed regarding a programming change for AT&T U-verse TV customers and rate changes for Bright House Networks customers. The following reports are enclosed: • Streets Division's weekly work schedule. Honorable Mayor and City Council January 29, 2010 Page 2 BUDGET NEWS --> The enclosed summary and copy of an article from the January 2010 issue of Governing, titled "Broke and Broken", contains insight into what states around the nation are facing in terms of declining revenues and rounds of budget cuts. RESPONSES TO COUNCIL REQUESTS Councilmember Benham • Oil well site. Councilmember Couch • Block wall maintenance. Councilmember Sullivan • Minimum standard for medians. AT:rs:rk cc: Department Heads Roberta Gafford, City Clerk CALIFORNIA Highs-Speed Rail Authority January 22, 2010 California High-Speed Train Update In This Issue Call for Heavy Maintenance Facility Sites Call for Heavy Attracts Significant Interest Maintenance Facility sites Attracts Significant FIFTEEN PROPOSALS SUBMITTED FOR TRAIN MAINTENANCE Interest FACILITIES CHSRA Web Site Now Features Public Mee_ tines. The California High-Speed Rail Authority Board recently issued a Calendar Request for Expressions of Interest (RFEI) to identify potential Board Members locations for maintenance facilities along the planned high-speed Curt Pringle, Chairperson train route. While maintenance centers will be required Tom Umberg, Vice throughout the state, a heavy maintenance facility is expected to Chairperson Russell Burns be situated in the Central Valley because of its central location at David Crane the heart of the system. Rod Diridon, Sr. Fran Florez Richard Katz The Authority sought proposals from local governments, public Judge Quentin L. Kopp transportation agencies, private companies and others for both Lynn Schnek heavy and other maintenance facilities that could meet the Mehdi Morshed, Authority's requirements, minimize environmental impacts and Executive Director offer the financial incentives and other economic benefits to the state and local communities. "We're very impressed with the strong support for the high-speed train project and response to our search for appropriate places to locate train maintenance facilities," said Mehdi Morshed, executive director of the High-Speed Rail Authority. "It's clear from the response that people understand these facilities and this train project will have profound economic stimulus and job creation impacts." Fifteen expressions of interest have been received to date from the following parties: For Heavy Maintenance Facility: * Greater Merced High-Speed Rail Committee (Two proposals submitted.) *Madera County Economic Development Commission and the City of Chowchilla (Three proposals submitted.) *The City of Chowchilla and the property owners (Harris and DeJager) *Madera County Economic Development Commission, the City of Chowchilla, and Kojima Development Madera County Resource Management Agency * Fresno Works, County of Fresno * Kings County Economic Development Corporation For Heavy Maintenance and Maintenance of Way facilities: * Kern County, Kern Council of Governments, and the City of Shafter * Kern County, Kern Council of Governments, and the City of Wasco For Maintenance of Way Facility: •City of Gilroy Community Development Department • San Joaquin Regional Rail Commission •MUSE LLC These expressions of interest are the first step in the environmental review process towards determining the best feasible and practical location. No final selection of maintenance facility sites will be made until the completion of the environmental review process, which at the earliest will be next year. Proposals received will be available to the public. CHSRA Web Site Now Features Public Meeting Calendar The California High-Speed Rail Authority Web site now has a new interactive event calendar feature. This is just one small step toward a number of planned improvements to the site, aimed at making information about the high-speed train project more simply available. Public meetings are now easily searchable and accessible for your review. Meeting details such as time, date and location appear on each calendar item and can be separately searched by regional section: " San Francisco to San Jose San Jose to Merced "Merced to Fresno * Fresno to Bakersfield Bakersfield to Palmdale * Palmdale to Los Angeles Los Angeles to Anaheim Los Angeles to San Diego Sacramento to Merced Altamont Corridor Rail Project Click here for access to the new interactive calendar. You may also go to the California High-Speed Rail Authority home page and click on the Calendar tab. =below. as sent from California High-Speed Rail Authority. It was sent from: California High-Speed Rail Street, Suite 1425, Sacramento, California 95814. You can modify/update your subscription via the �Manage your subscription 0 FORWARD TO roc FRIEND Thomas Roads Improvement Program rh EURe�auslemroaem rProgram 900 Truxtun Avenue,Suite 200,Bakersfield, California 93301 Telephone: (661)326-3700 • Fax: (661)852-2195 Connecttwg 'Bakers�t¢la FOR IMMEDIATE RELEASE Contact: Janet Wheeler January 27, 2010 Public Relations (661) 326-3491 Public Information Meeting Scheduled for Westside Parkway Phase 2 Construction The City of Bakersfield and the Thomas Roads Improvement Program (TRIP) invite the public to attend an information meeting for Westside Parkway Phase 2 construction on February 3, 2010 from 4:30 to 7:30 p.m. at Columbia Elementary School located at 703 Mondavi Way. The Westside Parkway is a new six-lane transportation facility that will ultimately extend from Truxtun Avenue near State Route 99 to Heath Road at Stockdale Highway. Phase 1, which started construction last summer, extends Mohawk Street across the Kern River from Truxtun Avenue to Rosedale Highway. Phase 2 begins construction of the east-west portion of the Parkway, and builds the 4.25 miles of new roadway between Mohawk Street and Allen Road. This meeting will provide area property owners and the general public with an opportunity to view construction plans and obtain additional information on the project. City and TRIP representatives will be on hand to answer questions and discuss the various aspects of construction, including timelines, traffic management, and sound wall plans. A presentation on the project will be given at 5:30 p.m. and repeated at 6:30 p.m., but the public is welcome to stop by anytime between 4:30 and 7:30 p.m. to view plans and exhibits and to ask questions regarding Westside Parkway construction. For additional information, please visit the TRIP website at www.bakersfieldfreeways.us or contact Janet Wheeler at (661) 326-3491. Managed by the City of Bakersfield in cooperation with County of Kern•California Department of Transportation www.Bakersfieldfreeways.us a U DD Year End u 0C[Zr-.X 0,%LF.2 100 Woridwide ARENA Venues 1 The 02-London London,UNITED KINGDOM 2,349,M2 51 Honda Center Anaheim,CA 257,572 2 Manchester Evening News Arena Manchester UNITED KINGDOM 1,348,090 52 S.E.C.C. Glasgow,UNITED KINGDOM 256,760 3 Sportpalets Antwerpen Merksem,BELGIUM 1,090,407 53 New Orleans Arena New Orleans,LA 253,017 4 Madison Square Garden Arena New York,NY 977,868 54 Qwest Center Omaha Omaha,NE 249,315 5 The 02 Dublin Dublin, IRELAND 927,154 55 Jacksonville Veterans Mem.Arena I Jacksonville,FL 228,265 6 Acer Arena Sydney AUSTRALIA 665,905 56 John Labatt Centre London,CANADA 215,919 i7 Arena Monterrey Monterrey,MEXICO 634,810 57 Verizon Arena(formerly Alitel Arena) _North Little Rock,AR 212,754 8 Wembley Arena London,UNITED KINGDOM 611,096 58 Jobing.com Arena I Glendale AZ 208,877 9 American Airlines Center Dallas,TX -567,657 59 Oracle Arena Oakland,CA 206,746 10 Bell Centre Montreal,CANADA 546,328 60 KeyArena at Seattle Center Seattle,WA 200,347 11 Color Line Arena Hamburg,GERMANY 526,308 61 BJCC Arena Birmingham,AL 197,329 12 Palais Omnisports de Paris-Bercy Paris FRANCE 511,828 62 Sheffield Arena Sheffield,UNITED KINGDOM 196,324 13 Allstate Arena Rosemont IL 495,625 63 Time Warner Cable Arena Charlotte NC 194,158 14 Brisbane Entertainment Centre Boondall,AUSTRALIA_ 484,937 64 United Center Chicago,IL 185,499 15 Philips Arena Atlanta,GA 477,512 65 Rose Garden Arena Portland,OR 183,055 -- -- --- ------ ---- -- --- ! 16 Sprint Center - Kansas City,MO 448,961 66 Freedom Hall @ The Kentucky Expo Mr.l Louisville,KY 182,703 - -- - - -- --- - j - _ _ ---- ----- 17 Odyssey Arena Belfast,UNITED KINGDOM 440,061 67 Quicken Loans Arena I Cleveland,OH 181,869 ----- --- -- -- -- - - - j 18 HP Pavilion At San Jose San Jose CA 430,753 68 Lanxess Arena Cologne,GERMANY 180,964 I 19 St.Pete Time- Forum Tampa,FL 423,565 69 Scottrade Center St.Louis,MO 179,290 20 BOK Center Tulsa,OK 419,766 70 Save Mart Center Fresno,CA 177,474 j 21 laud Center East Rutherford,NJ 413,789 71 Pepsi Center I Denver,CO 176,867 --- - . _ - - --- _.. _.-- -----67 22 Air Canada Centre Toronto,CANADA 411,449 72 Forum Copenhagen I Frederiksberg, DENMARK 176,019 23 ex 11 Place Edmonton,CANADA 406,453 73 ARCO Arena I Sacramento,CA 175,988 24 The Wechovia Spectrum Philadelphia PA 403,634 74 1st Mariner Arena I Baltimore,MD 175,050 ---- - --------- i 25 Staples Center - Los Angeles CA 389,211 75 Club Ciudad de Buenos Aires Buenos Aires ARGENTINA 173,671 26 Coliseo de Puerto Rico San Juan,PR 384,752 76 Cotal Arena At The Venetian Macau CHINA 173,246 1, 27 BankAtlanhc Center Sunrise,FL 374,275 77 Mellon Arena Pittsburgh,PA 169,319 28 Ericsson Globe Stockholm,SWEDEN 372,846 78 TO Garden Boston MA 168,988 --- -.. 29 Mohegan Sun Arona uncasville,CT 370,490 79 Wiener Stadthalle Vienna,AUSTRIA 168,869 ---- - --- 30 Target Center Minneapolis MN 359,924 80 Pengrowth Saddledome Calgary CANADA 164,592 I. 31 To ota Center ----- Y Houston,TX 355,081 81 Sydney EnPmeM Cerdre Darling Harbour,AUSTRALIA 163,868 32 Palacio De Los Deportes Mexico City,MEXICO 349,217 82 Greensboro Coliseum I Greensboro NC 160,171 - -- --- _. _ __ IF j, 33 Metro Radio Arena Newcastle upon Tyne UNITED KINGDOM 337,043 83 Wells Fargo Arena Des Moines IA 159,554 - ---- 34 Nassau Veterans Memorial Col.I _-Uniondale,NY 329,353 84 Olympiahalle Munich,GERMANY 158,094 35 Wachovis Center Philadelphia,PA 329,260 85 Amway Arena -- - Orlando,FL 157,678 I, 36 Sommet Center Nashville,TN 327,491 86 Cardiff International Arena Cardiff,UNITED KINGDOM 157,191 37 02 World Berlin GERMANY 327,057 87 Rabobank Arena Bakersfield,CA 156,278 38 Rod Laver Arena Melbourne,AUSTRALIA 326,589 Be Hordern Pavilion Moore Park AUSTRALIA 154,853 - - _ - --------- - - ------ ---- 39 Prudential Center Newark,NJ 324,441 89 Credit Union Centre Saskatoon,CANADA 153,891 40 Ver izon Center Washington,DC 316,888 90 Xcel Energy Center _ Saint Paul MN 151,849 41 Scotiabank Place Ottawa,CANADA 309,667 91 Palacio de Deportes Madrid,SPAIN 151,764 42 AT&T Center San Antonio,TX 309,640 92 Nationwide Arena I Columbus,OH 151,457 43 General Motors Place- -- Vancouver CANADA 309,015 93 Frank Erwin Center - I Austin TX 150,728 44 Vector Arena Auckland NEW ZEALAND 303,817 94 Forest National Brussels BELGIUM 150,190 45 The Palace Of Auburn Hills Auburn Hills,MI I- 301,309 95 Liverpool Echo Arena Liverpool,UNITED KINGDOM 147,054 . _... _..- - --- -- 46 Ahoy'Rotterdam --- -_---------- _ -- Rotterdam NETHERLANDS 273 322 96 Bradley Center Milwaukee WI 146,100 - - 1. 47 San Diego Sports Arena San Diego,CA 271,872 97 Tacoma Dome Tacoma,WA 143,843 as The NIA ---I - Birmingham UNITED KINGDOM 264 911 98 Times Union Center Albany NY 138,156 49 AmericanAirlines Arena Miami,FL I 261,140 99 Lotto Arena I Merksem,BELGIUM 1 136,553 50 MTS Centre --- Winnipeg,CANADA 260,956 100 Hartwell Arena Helsinki, FINLAND 136,077 All figures are for tickets sold worldwide as reported to ' for shows played between 1/1/09 and 12/31/09. JANUARY 18, 2010 at&t AT&T U-verse January 22, 2010 RECEIVED City Manager Alan Tandy JAN 2 5 2010 City of Bakersfield 1600 Truxtun Avenue CitY Manager's OfFce Bakersfield, CA 93301-5141 Dear City Manager Tandy: AT&T California ("AT&T") hereby advises you of the following information regarding a programming change for AT&T U-verses"' TV customers. We wanted to make you aware that as of February 28, 2010, for reasons outside AT&T's control, Setanta Sports USA on channel 657 will no longer be available. Customers will be notified of this change in separate mailings. If you have any questions, please contact your local AT&T External Affairs manager, Jan Bans on 661-327-6565. Sincerely, Rhonda J. Johnson Vice President, AT&T California Regulatory Affairs © 2010. AT&T Intellectual Property. All rights reserved. AT&T and the AT&T logo are trademarks of AT&T Intellectual Property. 3701 North Sillect Avenue Joseph R. Schoenstein Bakersfield, CA 93308 Division President RECEIVED E� Tel (661) 634-2260 Bakersfield Division Fax (661) 395-3378 r,1 [ 3 2010 City Manager's Office bright house NETWORKS January 26,2010 Mr.Alan Tandy City Manager City of Bakersfield 1600 Truxtun Avenue,5th Floor Bakersfield,CA 93301 Dear Mr.Tandy: Bright House Networks will adjust pricing beginning March 1, 2010. The new rates are a reflection of our increasing programming costs, operating costs and increased technology. On average, our customers will see an increase of 2.7% depending on the level of products and services they receive. Attached you will find a copy of the rate change notification your constituents will receive via mail within the next few days. Specifically, our monthly rate for Limited Basic will adjust from$16.95 to$17.95. The charge for the Expanded Basic tier will increase from $34.50 to $36.50. These two combined charges make up our Standard service; hence the total monthly charge will adjust from$51.45 to$54.45. Our digital tier pricing will adjust from $4.00 per month to $5.00 per month. This change will reflect in each of the following tiers: Digital Variety Tier,the Digital Movie Pac and the Digital Sports Tier. Additionally, those customers who take an SD DVR (Digital Video Recorder) will see an adjustment in their rate from $7.95 to$8.95. Customers who take a premium service package that includes HBO will see a$1.50 rate increase. Our pricing for our Home Phone and Road Runner High Speed Data services will remain unchanged in 2010 with the exception of customers who take all three of our services. Those customers will see a rate decrease of$4.00 for their monthly Unlimited Nationwide Home Phone service(from$35.60 to$31.60).Voice Mail service will increase by$1.00. We remain committed to expanding and improving our services and now offer over 100 HD channels. In addition, our exclusive Start Over feature is now available on nearly 100 channels as well.. Bright House Networks is proud to employ 375 local Bakersfield residents who are active supporters of this community. Our civic involvement in 2010 will continue with our support of schools, charities and local organizations committed to improving the quality of life for Bakersfield residents. Best Regards, Joseph R.Schoen ein President—Bakersfield Division Page 1 of 2 STREETS DIVISION — WORK SCHEDULE WEEK OF FEBRUARY 1, 2010 — FEBRUARY 5, 2010 Resurfacing/Reconstructing streets in the following areas Reconstructing streets in the area between District Boulevard & White Lane, west of Gosford Road (weather permitting). Crack sealing streets in the area between Stockdale Highway and Truxtun Avenue, east of Coffee Road (weather permitting). Miscellaneous Streets Division proiects: Installing curb & gutters in the area between California Avenue & 4th Street, east of Chester Avenue (CDBG FUNDED PROJECT). Installing curb & gutters in the area between Flower Street & Bernard Street, Alta Vista Drive to Baker Street (CDBG FUNDED PROJECT). Working on the Ming Avenue widening project (weather permitting) THIS SPACE INTENTIONALLY LEFT BLANK Week of February 1_2010_Work Schedule Page 2 of 2 STREETS SWEEPING SCHEDULE Monday, February 1, 2010 Between Golden State & 16" St. -- "F" St. & Oak St. /kern River Boundary Between 34th St. & 30th St. — Chester Ave. & San Dimas St. Between San Dimas St. & Beale Ave. — 34th/Bernard St. & Niles St. Between Olive Dr. & Riverlakes Dr. (ext.) — Riverlakes Dr. & Coffee Rd. Tuesday, February 2, 2010 Between California Ave. & Brundage Ln. — Oak St. & Union Ave. Between Renfro Rd. & Jenkins Rd. — Stockdale Hwy. & Kern River Boundary. Wednesday, February 3 2010 Between Panorama Dr. & Bernard St. -- Union Ave. & Loma Linda Dr. Between River Blvd. & E. Columbus St. — Panorama Dr. & Columbus St. Between College Ave. & Azalea Ave. — Mountain Dr. & Raval St. Between Ming Ave. & White Ln. — Allen Rd. & Buena Vista Rd. Thursday, February 4, 2010 City areas between Kentucky St. & Quincy St. — Owens St. & Virginia St. Between Union Ave. & Washington St. — E. Truxtun Ave. & Brundage Ln. Between Progress Rd. & Old River Rd. — Panama Ln. & Pacheco Rd. (alignment) City areas between Progress Rd. & Old River Rd. — Meadow Falls Dr. & Rose Creek Dr. FridaV, February 5, 2010 Between Buena Vista Rd. & Allen Rd. — Harris Rd. & Panama Ln. Between Buena Vista Rd. & Mountain Vista Dr. — Panama Ln. & Birkshire Rd. Between 178 Hwy. & Paladino Dr. —W. Columbus St. & Morning Dr. City areas between Sterling Rd. & Morning Dr. — 178 Hwy. & College Ave. Between Valley St. & Lene PI. -- !78 Hwy & Hickory Dr. Between 178 Hwy. & Reynard Rd. — Kern Canyon Rd. & McKenna St. Between Stockdale Hwy. & Joseph Dr. — McDonald Wy. & N. Stine Rd. Week of February 1_2010_Work Schedule ZOO L S A K E R S F I E L D CITY MANAGER'S OFFICE MEMORANDUM January 26, 2010 TO: Alan Tandy, City Manager FROM: Rick Kirkwood, Management Assistant SUBJECT: Summary of "Broke and Broken" Article The enclosed article from the January 2010 issue of Governing, titled "Broke and Broken", contains insight into what states around the nation are facing in terms of declining revenues and rounds of budget cuts. Ray Scheppach, executive director of the National Governors Association, would describe what is currently being experienced as something that is, "...beginning to percolate now that things have changed dramatically...This is not a normal recession cycle that will put us on our old path in three or four years." Republican Governor Mitch Daniels of Indiana wrote in the Wall Street Journal last September, "It's much more likely that we're facing a near permanent reduction in state tax revenues that will require us to reduce the size and scope of our state governments." The chart on page 21 of the article illustrates the year-over-year change in state tax collections since the third quarter of 2006. Unlike the typical lag states experience after recessions, most states fear the revenue sources they primarily rely on to fund their activities will either take an unusually long time to recover or may never do so. In October 2009, the Center on Budget and Policy Priorities estimated that overall, states will face a combined budget gap of $350 billion in 2010 and 2011 . It is interesting that the article notes each state's deficit was not engendered just by falling revenues, but by policy decisions over time that deferred problems to some future date. The current recession is getting a lot of the blame, but it is merely exacerbating existing problems. Ralph Martire, director of the Chicago- based Center for Tax and Budget Accountability, stated clearly that, "At the end of the day, the recession will go away and the fiscal problems will remain." Alan Tandy— Summary of"Broke and Broken" article January 26, 2010 Page 2 California continues to be the butt of glib one-liners because of its past budget gimmicks. Other states are now beginning to suffer from similar circumstances (e.g., declining revenues compounded by constitutional provisions and voter initiatives) that constrain their ability to react to hard times. State leaders across the nation are calling for radical changes by reducing the number or downsizing state departments, constitutional conventions, or reforming tax structures. However, as Don Boyd, of the Rockefeller Institute, stated, "...political institutions provide no reward for actions that benefit the future. They're focused on actions in the next 12 months," leaves many to believe that large- scale change is nowhere near close to being implemented. The article credits some of California's leaders that appear to have an understanding that in order for California to, "...make long-lasting changes, it first needs to change the way government operates." Yet it is more likely that as states emerge from the current crisis, they will again spend their time looking willy-nilly for programs to cut, new sources of revenue to tap, and creative manipulations to get them through rather than attempting to resolve the structural problems. cc: John W. Stinson, Assistant City Manager Nelson Smith, Finance Director t $ °r h j a F bol u �c as r r �,a�m i i LEGISLATURES 2010 . nd BROKEN l This may be the most calamitous fiscal year states have Known in decades . It's not just a shortage of money, It's systems that don't work, By Rob Gurwitt i he coming year will be excruciating for state budget-makers not just because revenues continue to decline and new rounds of bud- get cutting are necessary,but because the realization has started to dawn—and not just in the hardest-hit places—that fundamental assumptions about how state government operates need rewiring. "It's beginning to percolate now that things have changed dramatically,"says Ray Scheppach,executive director of the National Governors Association."This is not a normal recession cycle that will put us on our old path in three or four years."Or as Republican Governor Mitch Daniels of Indiana wrote in the Wall Street Journal last September, What the radar tells me is that we ain't seen nothin'yet.What we are being hit by isn't a tropical storm that will come and go,with sunshine soon to follow.It's much more likely that we're facing a near- permanent reduction in state tax revenues that will require us to reduce the size and scope of our state governments:' As governors and legislators try to come to grips with what this means for their states in 2010,the kinds of fiscal stresses that made California the butt of glib one-liners in 2009 are spreading.Last year,the Golden State was forced to issue IOUs,furlough state workers,and approach the federal government for a bailout.An editorialist for the St.Petersburg Times in Florida reassured readers that things weren't so bad there."We could be California,the Gen- i eral Motors of state government,"he wrote.The comment came before Florida wound up on the Pew Center on the States'list of the nine states most in danger of following California down the road to fiscal perdition. California,however,may be doing better than its peers in at least one respect: Its political and civic leaders are in the midst of a far-reaching discussion about reforming how state government works, so that the state does not remain hamstrung by the welter of cross-cutting constitutional provisions,legislative procedures and citizen initiatives that have made addressing its problems so difficult. Governors in a few other states have broached the notion of radical change, I l l u s t r a t i o n by Matt Collins most notably Michigan Democrat Jennifer Granholm.Last February,she called January 2010 I GOVERNING 19 B R O K E A N D B,R,0 K E N for reducing the number of state departments from 18 to eight, Revenues continued to fall in the third quarter of 2009, and in November she warned that the state budget may need to although not quite as precipitously,with overall collections drop- shrink by another 20 percent on top of last year's 10-percent cut. ping 10.7 percent compared with a year earlier. (Turn to page Calls for a constitutional convention to remake state government 22 for a 50-state chart)As Boyd sees it,revenue declines are are increasing in Pennsylvania and New York.In Illinois,an effort unlikely to be as severe this year,and some states may even have to begin reforming the state's tax structure that passed the state a few revenue sources turn around.But there's scant comfort to Senate last year will almost certainly resurface.And in Ohio,a be gained."They're down so far,even with a little growth they're Republican-led effort to restructure and downsize state govern- still largely where they were,"he says.Indeed,they may even be ment is getting a more serious hearing than it has in the past. worse off,given that the federal stimulus money that most states Still,for the most part,state policy makers seem more con- relied on to see them through 2009 is scheduled to end after this sumed with getting through the short term than with taking a year, and that their Medicaid and other social service rolls are hard look at longer-term fixes such as rebalancing their tax struc- expanding.In late October,the Center on Budget and Policy Pri- orities estimated that overall,states will face a combined budget The political turmoil that beset states gap of$350 billion in 2010 and 2011. In past recessions,state revenues typically have lagged eco- from Arizona to New York last year nomic recovery by several years,as continued high unemployment dragged down personal income tax receipts and weak consumer may have been first, tentative steps spending kept sales tax receipts low.This time,though,there's the additional worry that the sources most states rely on to fund their in coming to terms with a new reality. activities—the exceptions,of course,being resource-rich states such as Wyoming,North Dakota and Montana—will either take an unusually long time to recover or may never do so. tures,rethinking the role and scope of state government,trying That's the argument that has fueled Governor Daniels'warn- to jettison constitutional provisions or voter initiatives that con- ings of a"coming reset"for state government.Revenue-trimming strain their ability to react to hard times,and reforming legislative developments such as growth in the national savings rate,more processes and procedures."There haven't been many places that frugal spending habits and tighter consumer credit,says Chris !: have looked at the fundamental business of state government yet," Ruhl, Indiana's budget director,,don't appear to be temporary. says Bill Pound,executive director of the National Conference of "Even if we get to where folks are feeling more stable about the State Legislatures."They certainly have the capacity to do it,but economic situation and their incomes are back growing,"he says, it's unclear they have the will"As legislative sessions gear up,the "we think they're likely to be restricting spending over time." question is whether 2010—a big election year,no less—will be the That,in turn,means sales tax receipts may never come back with year they discover they have no choice but to find the will. the same strength they once had. Similarly,Indiana has seen roughly three times as much of a his is in part because the little budget tricks that states drop in tax revenues from non-wage income capital gains and have tended to rely on in or der to keep th e electorate real estate taxes as in the economic downturn of 2001."It took happy have mostly run their course. "They've done us five years last recession on to climb back and it's much worse this the gimmicky things like moving a pay day across the time,so presumably it will be longer this time until we get this fiscal-year date," says Scott Pattison, executive director of the revenue back,"Ruhl says.And finally,with the national economic National Association of State Budget Officers."They've drained recovery expected to be slow—and even slower in manufactur- the reserves from several funds.So if revenue doesn't pick up,the ing-dependent states such as Indiana—the state expects taxes tools in the toolbox are pretty limited." on wages and salaries,which bring in about a quarter of all tax Yet there is no sign that the revenue picture will be meaning- revenues,to take years to recover.In all,the state projects its rev- fully brighter this year than last.As the bottom dropped out of enues in 2011 will remain below 2007 levels.And Indiana—where the retail sector and personal and corporate incomes contracted Daniels refused to dip into the state's rainy-day fund—is in better sharply,state revenues in the second quarter of 2009 plunged by fiscal shape than many other states. 16.6 percent—their biggest year-over-year decline since the early All of this feeds a conviction that state government is in for a 1960s,according to the Nelson A.Rockefeller Institute of Govern- shakeout,says Daniels,a fiscal conservative who since the 2005 ment.(The comparison only reaches back five decades because fiscal year has cut real per capita state government spending in reliable records didn't exist before that time)The toll in several every year but one."Sure,I think Americans are better served states was striking.Alaska's revenues dropped 37 percent from by limited government,"he says,"but this is not philosophy,it's the spring of 2008 to spring a year later. Florida was down 28 arithmetic.There will not be close to enough money to support percent from its revenue peak in 2006.Arizona,South Carolina everything that's been built up over time.That's just a fact to be and Georgia were down 20 percent,and a dozen other states were faced:'Or as a senior New York State agency official puts it,"The down 13 percent or more."This is outside the bounds of historical truth is,government can't afford government anymore. We've experience,"says Donald Boyd,senior fellow at the Institute. become too expensive." 20 GOVERNING I January 2010 I' B R O K E A N D B R O K E N THE REVENUE PLUNGE Year-over-year percentage change in state tax collections 10% 5% 0% -5% -10% Personal Income Tax j -15% Sales Tax Total Taxes -20% -25% I -30% 2006 03 2006 Q4 2007 Q1 2007 Q2 2007 Q3 2007 Q4 2008 Q1 2008 Q2 2008 Q3 2008 Q4 2009 01 2009 Q2 2009 Q3 Source:The Nelson A.Rockefeller Institute of Government i een in this light,the political turmoil that beset states interests,but which have more recently created policy incoher- from Arizona to New York last year could be viewed as a ence and strengthened moneyed players who want to make an first,tentative step in coming to terms with a new reality. end run around the legislature.And finally,there's the system of In the five stages of grief,states seem to be somewhere super-majorities,introduced in the 1930s but magnified in 1978 between"Denial"and"Bargaining,"with a sojourn at"Anger" by Proposition 13,"which basically said that we don't trust the along the way and"Acceptance"still some distance off.This is legislature to operate in our interests and so we want it to operate hardly surprising,argues the Rockefeller Institute's Don Boyd. by consensus,with a two-thirds majority on fiscal matters,"Paul "Institutions do not support structural solutions,"he says."Basic says.Anything of consequence in California,from budget bills to structural solutions,like,`We're going to rejigger the tax struc- tax increases to changes in school funding,now requires either a ture'or`Let's fundamentally redo the spending side because we legislative or a popular supermajority. know we can't afford this in the long term'—the benefits of those There are three wide-ranging efforts to reform the way Cali- strategies come in the future,and political institutions provide fornia governs itself.One is a move by a foundation-sponsored no reward for actions that benefit the future.They're focused on group called California Forward to put a package of reform in- actions in the next 12 months." tiatives to a popular vote this year.Another is a business-backed Still, there are a few states that have begun to look farther push to create a limited constitutional convention to reform the out.California,which was first to encounter truly desperate fis- budget process,elections and initiatives,state and local relations cal times,is not especially far along in addressing its long-term and government effectiveness;it would not be able to consider problems,but a good slice of its leadership believes that before tax increases or social issues. Then there are joint legislative the state can make long-lasting changes,it first needs to change committees in both the Assembly and Senate that are looking at the way government operates. In essence, says Mark Paul, a everything from budget reform to finding ways of helping the leg- senior scholar at the New America Foundation,California has islature better set priorities and strengthen its oversight of state finally buckled under the pressure of three contradictory politi- government,to overhauling the initiative process.Mike Feuer,a cal systems.There's the regular,majority-rule,two-party system Democrat from Los Angeles who chairs the new Assembly Select designed at its founding. There are the initiative-and-referen- Committee on Improving State Government,says he's hopeful dum reforms,which were instituted a century ago by Progres- that a major change in the structure of government can happen sives to overcome the power of the railroads and other business by the end of this year. January 2010 1 GOVERNING 21 ICI SAD STATE OF STATE TAXES Percentage change in third-quarter revenue, Constitutional change is surfacing in Pennsylvania,too.It was 2008 to 2009 (preliminary data) the last state to pass a budget in 2009,missing a July 1 deadline by 101 days as Democratic Governor Ed Rendell and leaders from Personal Corporate the Democratic-controlled House and the Republican-controlled Income Tax Income Tax Sales Tax Total Senate tangled over closing the state's$3.2 billion deficit.In doing United States -11.3 -17.5 -8.8 -11.1 so,they stoked a growing public perception that Harrisburg is incapable of functioning properly."I think there's a growing real- New England -12.8 -21.8 -2.9 -10.0 ization that it's structural and not just the current crisis,"Demo- Connecticut -13.9 -39.0 -9.2 -13.5 J Maine -11.8 2.4 -10.1 -9.6 cratic state Representative Kathy Manderino says."Our govern- Massachusetts -13.1 -24.6 2.5 -10.0 ment structures and policies are deficient for a modern world" New Hampshire NA -7.1 NA -1.6 Rhode Island -6.7 -43.4 -5.9 -6.7 Manderino co-chaired a study group of the state bar associa- Vermont -13.8 3.3 -5.9 -8.4 tion that recommended calling for a state constitutional conven- Mid-Atlantic -8.0 -14.5 -7.5 -9.3 tion last fall, only to see its suggestion defeated at a statewide Delaware -10.6 -61.8 NA -15.7 meeting in October over fears that an open convention might turn Maryland -8.4 -30.9 -8.5 -10.5 against the legal profession.Nonetheless,says Clifford Haines,a New Jersey -8.9 -20.6 -5.9 -11.8 New York -7.4 -3.7 -8.1 -8.9 lawyer from Philadelphia who is the bar association's president Pennsylvania -8.9 -15.0 -7.4 -7.5 and the moving force behind its reform push,"it is widely viewed Great Lakes -12.8 -26.7 -9.8 -11.2 that the legislature as it's structured is not functioning well,and Illinois -11.7 -28.4 -13.1 -12.6 that's being as polite as I can be.I think the ball of reform has been Indiana -20.3 -42.4 - . --8.2.2 -7 Michigan -12.0 -24.7 -7.1 1 -8 teetering and needed someone to push.Whether we've pushed I Ohio -14.1 -111.3 -9.2 -12.1 hard enough to get the ball rolling,time will tell" Wisconsin -8.1 9.2 -8.7 -9.7 At the moment,the ball is in the hands of a coalition of four Plains -9.3 -27.5 -7.6 -9.7 organizations that have been pushing for a convention. The Iowa -5.7 -67.3 -0.2 -5.0 groups include the state branches of Common Cause and the Kansas -10.6 -28.7 -5.9 12.5 League of Women Voters,a conservative think tank called the Minnesota -11.8 -22.2 -14.8 -12.3 Missouri -8.1 -8.5 -6.0 -6.9 Commonwealth Foundation and a grassroots reform outfit called Nebraska -6.8 -35.4 -4.3 -7.6 Democracy Rising Pennsylvania. "It's conspicuous," says Tim North Dakota -NA -4NA -6.0 -8.3 Potts, Democracy Risin s director, "that the le stature can't South Dakota NA NA -6.9 -8.8 Y g' gi Southeast -9.1 -5.2 -9.2 -8.1 reform itself." Alabama -26.7 -23.3 -13.0 -6.5 While the ingredients might be falling into place for a far- Arkansas -6.9 -21.4 -11.1 -7.8 reaching reappraisal of how Pennsylvania government runs,says Florida NA -11.0 -8.1 -8.6 Chris Borick,a political scientist who heads the Institute of Public Georgia -14.6 -10.5 -14.7 -13.9 Kentucky -7.1 -40.5 -7.5 -5.5 Opinion at Muhlenberg College,they haven't yet produced the Louisiana -0.7 61.6 -16.7 -14.9 same momentum as in California. "It's not on the front of the Mississippi -12.2 -19.1 -12.4 -11.8 public's mind," he says.And the upcoming election to replace North Carolina -5.9 -0.4 -3.7 -3.4 South Carolina -6.2 17.4 -6.8 -5.7 Governor Rendell, who is term-limited out of office after this Tennessee NA 8.2 -9.5 -5.4 year,probably won't do much to lay groundwork for more intense Virginia -6.9 -7.9 -5.5 -6.6 reform pressure in the future. "There's nothing that makes me West Virginia -6.7 -5.1 -4.6 -10.4 think there will be a more systematic and comprehensive look at Southwest -15.0 -43.3 -13.7 -17.0 state policy,"says Borick."It'll be duct tape rather than a redesign. Arizona -14.0 -38.4 -17.0 -16.3 New Mexico ND ND ND ND It's very Pennsylvania" Oklahoma -16.3 -52.2 -15.0 -28.4 Texas NA NA -13.1 -15.4 is also very United States.In part,says Don Boyd,that's because Rocky Mountain -11.7 -49.0 -16.1 -16.0 the policy choices of the moment don't favor long-term retrench- Colorado Ida 14.3 -24.6 -12.0 -9.1 ment on the art of state government."I see politicians making Idaho -4.8 -39.1 -12.9 -9.8 P g P g Montana -14.4 -61.4 NA -20.2 statements about drastically reconsidering the role of govern- Utah -8.3 -72.5 -23.0 -20.5 ment,"he says."But in general,the winds are in the other direc- Wyoming NA NA -25.2 27.0 tion.Look at health care reform:When we're done,states will be Far West -15.3 -13.9 -5.1 -12.7 doing more,not less,in health care for the needy.And right now, Alaska NA -68.4 NA -52.4 California -16.0 -11.3 -1.0 -8.7 state governments spend more than 90 percent of the money for Hawaii -6.7 -27.3 -11.8 -9.4 infrastructure.So unless they're going to get out of health care and Nevada NA NA -14.4 -8.9 education and infrastructure and public safety,the fundamental Oregon -12.0 -26.1 NA -12.1 Washington NA NA -12.6 -5.8 reworking of what state government does is unlikely." Notes:NA-not applicable.ND-no data That hasn't stopped some governors from starting to point Source:The Nelson A.Rockefeller Institute of Government their states in that direction. In Indiana, for instance, Daniels B R 0 K E A N D B R O K E N argues that the budget-scrubbing he instituted upon taking over obligation notes it sold to fund operating expenses."The reces- five years ago means that all of"the little fruit,"as he puts it,has sion is going to get a lot of the blame,but all the recession really already been picked.Given the state's continuing budget stress, did is exacerbate existing problems,"says Ralph Martire,director he insists,this suggests that it's time to start looking at bigger of the Chicago-based Center for Tax and Budget Accountability. matters."With half of our budget in K-12 education and another "At the end of the day,the recession will go away and the fiscal 13 percent in higher education,you cannot hold those harmless problems will remain." forever,"he says."And K-12 dollars are as poorly spent in Indiana There is some indication that Illinois citizens understand how as they are in most states:'In addition,he argues,it's time for the deep-seated the problems are.In a poll that found public faith state to encourage consolidation of school districts and local gov- in state government at abysmally low levels—hardly surprising, ernments—beginning with an initiative he pushed unsuccessfully given the scandals that have beset the last two governors—there in the last legislative session to rid the state of its townships; . « he was a one astonishing P , o lshin statistic. If you g y look at the value people has vowed to bring it back this year. think they get for services,they think they're getting better value Granholm's belief that Michigan needs to shed state depart- from the federal government than from the state government," ments comes against one of the grimmest economic shifts in the says David Yepsen,director of the Paul Simon Institute at South- country.Michigan has lost 19 percent of the jobs it had in 2000 ern Illinois University, which conducted the poll. "I've never as the automotive industry has been retrenching.Even if the state seen that before.To me,it just jumps out as evidence that people were suddenly to enjoy the kind of boom it experienced in the understand how miserable things are:' Whether that translates into fundamental change,on the other Unless states are going to get out of hand,is another matter.As in Pennsylvania and even in Califor- nia—where polls show that voters are desperately unhappy with healthcare,education,infrastructure Sacramento,but don't want to repeal the supermajority rule or institute other proposed fiscal changes—it's uncertain that voters and public safety, the fundamental in Illinois are ready to press for doing things differently."What is the awareness of the general public and members of the legis- reworki ng of what they do is unlikely. latare as to whether or not we muddle through and end up with the same state government when we get out of this recession?" asks Christine Radogno,the Republican leader in the state Senate. I 1990s,when unemployment stood at a mere 3 percent,"it would "My hope is this is a time when government in general really does l be 2025 before we had the same kind of employment we had in a sort of reset.But I'm not sure we're there yet" li 2000,"says Mitchell Bean,who directs the nonpartisan House New York may be the best example of just how difficult a pro- Fiscal Agency.That is unlikely to happen,he adds."We've gone cess it will be.There,Democratic Governor David Paterson spent from being a rich state to being a poor state,and we really do have most of November wrangling with legislators of his own party— to rethink the level of services we're providing,as well as building especially in the Senate—who refused to believe that the state's a broad-based tax structure with a low rate."Yet it seems unlikely estimated$3.2 billion deficit was as severe as Paterson made it out that Michigan will be taking up these challenges anytime soon. to be,and who persisted in opposing his bid to make cuts in the The governor,attorney general and secretary of state all are term- two arenas that eat up the bulk of the state's budget:education limited out of office after this year,as are 30 of the Senate's 38 and health care.In the end,the legislature passed a$2.7 billion members.So House members are running for Senate,senators are "deficit reduction plan"that made heavy use of federal stimulus running for statewide office—and no one expects any substantive money and one-shot shifts from separate state funds and authori- work on addressing the state's core fiscal problems to get done. ties.Legislators admitted that as soon as they reconvene,they'll The same situation prevails in Illinois,where the February have to start all over again. primary for governor and legislative seats has put all progress on It is entirely possible that when they do,both in New York hold.This is despite the fact that the state will have to close a and elsewhere,legislators and governors will spend this year as roughly$12 billion budget hole—in a budget of$26 billion that they have so many others when times are tight:looking willy-nilly actually is spending less on public services than a few years ago. for programs to cut,new sources of revenue to tap,and creative "No one is unaware of the fact that we are in a very dire situation, manipulations to get them through the year.If so,says NASBO's some would even say nearing a crisis,"says Jim Muschinske,rev- Scott Pattison,they will have wasted a cardinal opportunity."My enue manager for the legislature's Commission on Government hope is that people will start to think about all this more strategi- Forecasting and Accountability. cally,"he says."Frankly,why do you want to be there at a senior The problem is that the deficit was engendered not just by fall- level if you don't have some impact?And when you have scarce ing revenues but also by a set of policy decisions that stretch back resources,the way o have an impact is n ' Y p not cut,it's to direct !, years.As part of a 1995 effort to tackle a massive unfunded pen- those cuts in a way that you have some kind of prioritization and 1 sion liability that backloaded the truly onerous burdens,Illinois you leave a legacy." G must make contributions in the billions over the next few years. It also must pay debt service on more than$3 billion in pension E-mail robg @valley.net January 2010 GOVERNING 23 B A K E R S F I E L D CITY MANAGER'S OFFICE MEMORANDUM January 22, 2010 TO: Alan Tandy, City Manager FROM: Rick Kirkwood, Management Assistant SUBJECT: Oil Well Site Council Referral No. 155 Councilmember Benham requested that staff provide a response to a letter from a constituent regarding an oil production site. The Bakersfield Fire Department provided the following in response to Mr. Roy Romagno's concerns as outlined in his letter to Councilmember Benham. Mr. Romagno was concerned about: • An "oily mess" recently created by a well pulling crew that was seeping outside the site's fenced area; • A lack of signage indicating the operator's contact information; and, • Who is responsible for inspecting well sites. The Bakersfield Fire Department conducts annual inspections, typically performed in late March and early April, of oil wells located within the city limits. The State Division of Oil, Gas, and Geothermal Resources (DOGGR) inspects oil wells on a two-year cycle. This particular oil well site, generally located in the parking lot of the American Cancer Society's Discovery Shop on Lennox Ave and designated as KCL-66, is scheduled to be inspected by DOGGR later this year. In order to address the Mr. Romagno's concerns, Howard Wines, Director of Fire Prevention Services and Mike Toland of DOGGR inspected the site on January 19th. A large puddle of oil was found within the fenced area of the well site. Griffin Resources, the operator of this oil well site, was notified on this same day and immediately sent a vacuum truck to clean up the oil puddle and impacted soil. Alan Tandy—Oil Well Site Council Referral No. 155 January 22, 2010 Page 2 The oil producer has affixed a sign to the fence around the oil well site that includes a contact name and phone number as required by law, though it is no longer visible as the landscaping around the site has grown and obstructed its view. This sign will be moved to a more visible location on the fence and, in addition, a "No Smoking Within 25 Feet" sign will be affixed to the fence. cc: Ron Fraze, Fire Chief Howard Wines, Director of Fire Prevention Services • B A K E R S F I E L D CITY MANAGER'S OFFICE MEMORANDUM January 28, 2010 TO: Alan Tandy, City Manager FROM: Rick Kirkwood, Manageme/tAssistan t - SUBJECT: Block Wall Maintenance Council Referral No. 151 Councilmember Couch requested that staff report back on a plan to maintain block walls to make them look as close to new as possible. The report should include the funding mechanism. Background: The Street Cleaning Section of the Public Works Department used to have a program that utilized a water truck with a special attachment to clean block walls and the adjacent sidewalk. At the time, there were very few block walls throughout the city. This program was funded through the Refuse Service Fund and was cut in the early 1990's due to economic circumstances. Current Program: The current program focuses on repairs to block walls damaged by a vehicle accident or vandalism. In August 2007, a bid solicitation was processed for the Annual Contract for Block Wall Repair. Since the City did not receive any bids, the Recreation and Parks Department entered into departmental agreements with Gonzales Multi Masonry to perform repairs as needed. In October 2008, the City sent a solicitation for bids out to more than 800 potential vendors that met the basic licensing requirements for the contract. The City's current vendor declined to bid due to recent negative media publicity regarding one particular block wall repair.. The City received one bid from Pickinpaugh Concrete Construction, Inc. which was determined to be Alan Tandy— Block Wall Maintenance Council Referral No. 151 January 22, 2010 Page 2 acceptable. The City Council awarded the contract in the amount of $100,000 for the term of December 17, 2008 to December 16, 2009. Under this contract, each individual repair project and cost quote was reviewed at the staff level before the vendor was authorized to begin work. On December 16, 2009, the City Council approved Amendment No. 1 to the contract which extended the term for one year to expire in 2010 with no dollar cost increase. The funding for the Annual Contract for Block Wall Repair is budgeted in the General Fund in the Recreation and Parks Department's operating budget. Conclusion and Recommendation: To provide an order of magnitude, last year the Recreation and Parks Department spent $67,000 out of the General Fund to repair twenty-five sections of block walls under the current program. In order to expand the current program to include a maintenance component, which would strive to keep block walls looking as close to new as possible, both the Recreation and Parks and Public Works departments would need to undertake a significant study to determine: • The type and amount of maintenance that would be required; • The equipment and staff needed to perform such work; and, • The cost of operating such a program. If there is a desire to create such a program, the Streets Division's crews could begin to inventory the location, length and condition of block walls within the city limits. This process could take six months to one year to complete as time allows without interruptions to other maintenance projects. This would provide a basis to determine the level of additional staffing, equipment and materials that would be needed for the program. Considering the current economic circumstances, cutbacks to services, which have typically been provided for years, are going to occur that are serious in nature. In light of that, staff does not see that new and very costly services can be added in this environment. cc: Dianne Hoover, Recreation and Parks Director Raul Rojas, Public Works Director John W. Stinson, Assistant City Manager Nelson Smith, Finance Director Joshua H. Rudnick, Deputy City Attorney B A K E R S F1 E L D CITY OF BAKERSFIELD 8gersOfptc PUBLIC WORKS DEPARTMENT e MEMORANDUM TO: Alan Tandy, City Manager FROM: Raul Rojas, Public Works Director DATE: January 28, 2010 SUBJECT: Minimum Standard for Medians Referral No. 154 F UNCILMEMBER SULLIVAN REQUESTED THAT THE COMMUNITY SERVICES COMMITTEE VIEW THE MINIMUM STANDARD FOR MEDIANS IN ESTABLISHED PARTS OF TOWN THAT DO T INVOLVE NEW CONSTRUCTION, AS THE STANDARD APPEARS LOWER THAN IT SHOULD . PUBLIC WORKS TO RUN COSTS, PROVIDE PICTURES, ETC. Public Works Department staff and Recreation & Parks Department staff will meet on February 3 to develop the information requested by Councilmember Sullivan. Their report will then be presented at the next available Community Services Committee meeting. G:\GR0UPDAT\Referra1s\2010\01-13\#154_Median Standards.doc