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HomeMy WebLinkAboutRES NO 9-96RESOLUTION NO. 9 - 9 6 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAKERSFIELD REVERSING THE BOARD OF ZONING ADJUSTMENT'S DECISION DENYING AN APPLICATION OF GREGORY D. BYNUM AND ASSOCIATES, INC. FOR ALTERNATIVE PROGRAMS, INC. REQUESTING A CONDITIONAL USE PERMIT AFFECTING THAT CERTAIN PROPERTY AS HEREINAFTER DESCRIBED TO ALLOW A COMMUNITY CORRECTIONS FACILITY AND BOOKING FACILITY TO BE LOCATED IN AN M-2 (GENERAL MANUFACTURING) ZONE DISTRICT. (P95-0017) WHEREAS, GREGORY D. BYNUM AND ASSOCIATES, INC., filed a written application with the Board of Zoning Adjustment of the City of Bakersfield requesting a Conditional Use Permit to allow a community corrections facility and booking facility to be located in an M-2 (General Manufacturing) zone district on property located at 650 South Oswell Street; and WHEREAS, said Board of Zoning Adjustment through its Secretary set November 28, 1995, at the hour of 3:00 p.m., in the Council Chamber of City Hall, Bakersfield, California, as the time and place for a public hearing before said Board on said application and accompanying proposed Negative Declaration, and notice of said hearing was given in the manner provided by Title Seventeen of the Municipal Code of the City of Bakersfield; and WHEREAS, for the above-described project, an initial study was conducted and it was determined that the proposed project would not have a significant effect on the environment and a Negative Declaration was prepared and posted on November 7, 1995, in accordance with CEQA; and WHEREAS, testimony was given both in support and in opposition of the project; and not essential permit; and WHEREAS, said Board of Zoning Adjustment found that the project was or desirable to the public welfare and denied the requested conditional use WHEREAS, within the time prescribed by law, Gregory D. Bynum filed in writing with the Council of the City of Bakersfield through the City Clerk, an appeal of the denial of Conditional Use Permit No. P95-0017; and -2- WHEREAS, the Council through its Clerk set January 10, 1996, at the hour of 7:00 p.m., in the Council Chamber of City Hall, Bakersfield, California, as the time and place for a public hearing before them on said appeal, and notice of the hearing was given in the manner provided by Title Seventeen of the Municipal Code of the City of Bakersfield; and WHEREAS, at said hearing held January 10, 1996, the appeal, testimony in favor and in opposition, the Board of Zoning Adjustment's findings and resolution, and stuffs report and recommendation was duly considered; and WHEREAS, the law and regulations relating to the preparation and adoption of Negative Declarations as set forth in CEQA and City of Bakersfield's CEQA Implementution Procedures, have been duly followed by city stuff and the City Council; and as follows: WHEREAS, at said hearing held January 10, 1996, the City Council found 1) The proposed use is essential and desirable to the public welfare. The community corrections facility provides a necessary service to the community. 2) The proposed use is in harmony with the goals, objectives and policies of the Metropolitan Bakersfield 2010 General Plan, and the intent and purpose of the City of Bakersfield Zoning Ordinance. 3) Public notice has been given pursuant to both city and stute regulations. 4) The provisions of CEQA and the city's environmentul implementation procedures have been followed. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Bakersfield that based upon the record of proceeding before and findings adopted: The appeal is hereby approved and the Board of Zoning Adjustment's decision is hereby overturned. 2. The Negative Declaration is hereby approved. Conditional Use Permit No. P95-0017 is hereby approved subject to the conditions contuined in Exhibit A. -3- I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council of the..Cjty of Bakersfield at a regular meeting thereof held on JAN 1 0 1~ , by the following vote: AYES: COUNCILMEMBER DeMOND, CARSON, ~MITH, McDERMOTT, ~ SULLIVAN, SALVAGGIO NOES: COUNCILMEMBER /~//9~.L- , ABSTAIN: COUNCILMEMBER f('/)~//2~ff~~/ ABSEN'~ COUNCILMEMBER ,~//~,~ ~2 -- ' , CITY CLERK and EX OFFICIO CLERK of the Council of the City of Bakersfield ~IAN ! 0 ~J96 APPROVED BO /' '7 BqFRICEfMAYOR of the City of Bakersfield APPROVED as to form: JUDY SKOUSEN, CITY ATI'ORNEY of the City of Bakersfield p:~p95-0017.res EXHIBIT "A" II. CONDITIONS OF APPROVAL Conditional Use Permit No. P95-0017 The applicant's rights wanted by this approval are subject to the following provisions: The project shall be in accordance with all approved plans, conditions of approval, and other required permits and approvals. All construction shall comply with applicable buildin8 codes. All conditions imposed shall be diligently complied with at all times and all construction authorized or required shall be diligently prosecuted to completion before the promises shall be used for the purposes applied for under this approval. This approval shall automatically be null and void one (1) year after the effective date unless the applicant or successor has actually commenced use of or construction of what was authorized; or if the use is discontinued or abandoned for a period of one (1) year or more. This time can be extended or conditioned for a longer period if approved by the City Council. The City Council may revisit this conditional use permit to add or amend any conditions if there is sufficient cause, including but not limited to, complaints regarding the project, or that the conditions are not adequate for the intended purpose. The Planning Director may initiate revocation of the rights granted if there is good cause, including but not limited to, failure to comply with conditions or complete construction, or the violation by the owner or tenant of any provision of the Bakersfield Municipal Code pertaining to the promises for which the approval was granted, subject to Section 17.§4.070 H. Unless otherwise conditioned, this approval runs with the land and may continue under successive owners provided all the above mentioned provisions are satisfied. The following conditions, as required at the discretion of the City Council, shall be satisfied as part of the approval of this project: The facility shall house only minimum/medium custody inmates that meet the exclusionary criteria established by the State of California Department of Corrections as contained in Exhibit "B" and as may be amended by the State, and those inmates that are within 24 months of being released that may not meet said criteria but are allowed pursuant to state regulations. The parking requirements shall be based on the Department of Corrections standards of 159 spaces for each correctional facility. Parking for the booking facility shall be calculated based on one parking space for each 230 square feet of office space as proposed in the application 154 spaces). The total number of parking spaces for the site shall be 372 spaces; however, each facility shall be required to contain the minimum required parking on their respective sites pursuant to the approved site plan. c~ 10. 11. Prior to any land disturbance, an archaeological survey shall be completed. Any measures recommended by the survey shall be implemented as identified by the Archaeological Information Center. (mitigation) Prior to initiation of any grading, disturbance or other such construction activity on site, a site specific soils study shall be completed. Any measures recommended in the study shall be implemented as identified. (mitigation) The exercise, recreation, and visiting yard areas of the facility shall be enclosed from public view by a masonry wall not less than 12 feet in height. Appropriate landscapin8 shall be incorporated into the final site plan to meet city standards for street frontage and parking lot shading. Visiting hours shall only be permitted between 8:00 a.m. and 6:00 p.m. pursuant to Department Operating Manual Section 54020. Prisoners shall not be released without confirmed transportation from the site to other points of public transportation, family residence or parole officer. A community advisory council consisting of representatives of the community, California Department of Corrections, law enforcement and this facility shall be constituted pursuant to State recommendations to review all assignment of Level III prisoners. An emergency backup generator shall be installed with construction of the correctional and booking facilities and maintained in good operating condition at all times. Mutual aide agreements with local law enforcement agencies shall be adopted prior to accepting any prisoners. III. As part of the review process, plans for this project have also been reviewed by the Site Plan Review Committee. The following are conditions to be satisfied in order for this project to comply with city ordinances. These conditions pertain to the project based on the plans submitted. Any errors or omission on the plans submitted could alter these conditions or render this approval null and void: '*A" CONDITIONS - These conditions require specific alterations to the site plan. These changes must be reflected on all final plans submitted to the Building Department. Plan check will not begin unti] all "A" conditions are correctly shown on the plans submitted. Indicate on the final plan all on-site fire hydrant locations and required fire flows. (Fire) Parking lot lighting and all other exterior lights shall be provided pursuant to Section 17.58.060 A of the Municipal Code. All light sources shall be designed, arranged, and shielded to reflect away from adjacent residential properties and streets with illumination evenly distributed across the parking area. All pole mounted and wall mounted light fixtures shall be located between 15' and 40' above grade. Lighting direction and light fixtures shall be shown on the final site plan. (Planning) The applicant shall dedicate street right-of-ways at the following locations: (Engineering Services) a) South Oswell Street (half of the arterial standard). b) Zephyr Lane (half of the collector standard). c) Workman Street (easterly 40 feet). The applicant shall install nine [9)- I-IPSV street lights on adjacent streets as shown on the approved plan. (Engineering Services) The applicant shall construct standard handicap ramps at all returns. (Engineering Services) The applicant shall construct new connection(s) to a public sewer. (Engineering Services) The applicant shall construct on-site paving with a minimum of 2" Type B, A.C. over 3" Class II A.B., or paving equivalent as approved by the City Engineer. (Engineering Services) The applicant shall provide a master drainage plan to be reviewed and approved by the City Engineer. [Engineering Services) The applicant shall construct the following improvements: (Engineering Services) a) On South Oswell Street, curbs and gutters with 5.5 foot concrete sidewalk and paving to one-half of the major arterial standard. b) On Zephyr Lane, curbs and gutters with 5.5 foot concrete sidewalk and paving to one-half of the maior collector standard. c) On Workman Street, curbs and gutters with 5.5 foot concrete sidewalk and two lanes of paving along the frontage. 10, - Indicate on the final plan one, 8' x 20' refuse bin location(s) pursuant to City Standard S-43. (Sanitation) 11. Indicate on the final plan one compactor roll-off bin location for each building. (Sanitation) 12. Indicate on the final plan 36 foot and 42 foot (top-to-top) wide drive approach(es) as indicated on the attached plan. Center the drive approach on the drive aisle. (Traffic Engineering) 13. Indicate on the final plan two-way parking aisles with a minimum width of 25 feet to provide proper backup space for right angle parking. (Traffic Engineering) 14. Indicate on the final plan typical parking stall dimensions (9' x 18' standard). (Traffic Engineering) "B" CONDITIONS - These conditions must be satisfied prior to the Building Department completing plan check for the project. The applicant shall contact the Fire Safety Control Division, 1715 Chester Avenue, Suite 300, (Fire Prevention Bureau) for fire and safety requirements and provide one (1) set of building plans showing the required plan corrections to Fire Safety Control (Fire Marshal, (805) 326-3951) prior to the final site plan being approved. (Fire) OR)OI~IAL In order to provide adequate fire protection during construction, the applicant shall install eleven (11) fire hydrant(s) as shown on the approved plans or provide alternative fire suppression as approved by the Fire Department prior to final site plan approval. (Fire) The applicant shall provide three copies of the ~rading plans and two copies of the preliminary soils report to the Building Department. (Engineering Services and Building) A landscape plan and specification for irrigation shall be submitted to the Planning Department for approval prior to final site plan approval. (Planning) The Sanitation Division shall be contacted to determine alternatives to allow the safe collection of refuse and/or recyclables. (Sanitation) "C" CONDITIONS - These are informational notes that will assist in completion and operation of the project. There are also conditions ident~ed that must be satisfied prior to plan check being completed The deadline for complying with those conditions is specified in the condition. All streets and access roads to and around any building under construction must be at least 20 feet of unobstructed width and ~raded to prevent ponding at all times. Barricades must be placed where ditches and barriers exist in roadways. Emergency vehicle access must be reliable at all times. (Fire) Based upon available information, the fire flow requirement may be 3500 gallons per minute. All persons required to furnish fire hydrants are hereby required to purchase the required fire hydrants from the City of Bakersfield. (Fire) The applicant shall provide the Fire Department with one set of approved water plans prior to the issuance of any building permit. (Fire) This review does not include approval of any signs for the project. A separate permit is required for all new signs, including construction signs, from the Building Department. (Building) Structures exceeding 10,000 square feet in area shall be constructed with an automatic fire sprinkler system. (Building) o 10. 11. 12. 13. 14. The applicant shall provide fire resistive wall construction details for exterior walls of buildings that are at or near the property line. (Building) Indicate on the final plan compliance with all handicap requirements pursuant to State Building Code. (Building) A final soils report shall be submitted to the Building Department prior to issuance of any building permits. (Building) School District fees will be assessed at the time of issuance of a buildin8 permit. (Building) The applicant shall obtain necessary approvals from the Kern County Environmental Health Services Department located at 2700 "M" Street for any food handling facility, (such as a market or a restaurant) prior to issuance of a building permit. (Building) The address assigned is for the entire site. If you desire individual addresses, submit two copies of the plot plan (6-1/2" x 14" max.) - Attention: Dave Dow or Louise Palmer. (Planning) NOTICE - Habitat Conservation fees for this project will be calculated based on the fee in effect at the time (currently $1,240 per Bross acre) payable to the Planning Department prior to issuance of an urban development permit (includes grading plan approvals) as defined in the Implementation/Management Agreement (Section 2.21) for the Metropolitan Bakersfield Habitat Conservation Plan. Upon payment of fees, the applicant will receive acknowledgement of compliance with Metropolitan Bakersfield Habitat Conservation Plan (Implementation/Management Agreement Section 3.1.4). (Planning) Prior to building occupancy, sub-standard off-site improvements shall be reconstructed to city standard or repaired as directed by the City Engineer. Please contact the construction superintendent at 326-3050 to determine the extent of improvements required. (Engineering Services) The developer shall be responsible for providing all labor and materials to energize all street lights adjacent to the site. All street lights SHAT.T. BE energized prior to occupancy. (Engineering Services) 15. 16. 17. 18. 2O 21. 22. A sewer connection fee shall be paid prior to issuance of a building permit. The fee will be based on the current adopted charges at the time of issuance of the building permit. [Engineering Services) A transportation impact fee for regional facilities shall be paid at the rate in effect at the time of issuance of a building permit. Based on the rate schedule in effect for the 1994-1995 fiscal year and the proposed project use, a rate of $53.00 per vehicular trip would be anticipated. (Engineering Services) A permit from the Public Works Department is required prior to any work within city right-of-way (street, alley, easement). A copy of the approved site plan with conditions shall be submitted to the Public Works Department at the time of application for a permit. (Engineering Services) The applicant shall provide one, 40 cubic yard roll-off compactor bin[s) for the containment of refuse or recyclables. (Sanitation) The applicant shall provide four, 3 cubic yard front loading type refuse bin(s) per building for the containment of refuse or recyclables. (Sanitation) Facilities required to provide recycling areas shall provide locations of sufficient size as defined in Bakersfield Municipal Code, Chapter 8.32. (Sanitation) Facilities required to provide 8rease containment shall provide a storage location separate from refuse or recycling bin locations pursuant to City Standard S-43. [Sanitation) Facilities requiring infectious or medical waste services shall obtain approval for separate infectious or medical waste storage areas from the Kern County Environmental Health Services Department. In no instances shall the refuse or recycling bin area be considered for infectious waste containment purposes. (Sanitation) ALTERNATIVE PROGRAMS, 425 GOLDEN STATE AVENUE BAKERSFIELD, CA 93301 (805) 326-0411 November 3, 1995 Louise Palmer Assistant Planner City of Bakersfield Development Services Department 1715 Chester Avenue Bakersfield, CA 93301 EXHIBIT B Application for Conditional Use Permit Community Correctional Facility 650 South Oswell Street (P95-0017) Dear Ms. Palmer: Attached is the information that was requested in your letter of Oct. 26, 1995. We have provided detailed information on the operation of the correctional facility and the direct booking facility, including the construction phase schedule. We have decided to withdraw the request for the proposed resource recovery facility portion of the project and have included a revised site plan to reflect this change. Since we are in a bidding process with the State of California that has specific deadlines, it is critical to the success of the project that we make the November 28, 1995 heating date. Please let us know if you need additional information in order to complete the processing of the application. You may contact Durwood Sigrest or Gary White at (805) 326-0411. c:cup2 Sincerely, Durwood Sigrest Alternative Programs, Inc. Community Correctional Facility 2 RFP Number R95.099 Male Bed Expansion II. SCOPE OF THE PROJECT A. Role of CDC EXHIBIT B: Provide written notification to local govemmental agencies on proposed sites to allow for community hearings in accordance with PC Section 6250(b). Establish minimum standards for the construction of these facilities. Maintain responsibility for the secured custody of inmates. Provide administrative oversight of CCFs to ensure that program and security requirements are met and to maintain the integrity of the program. Reimburse Contractor for allotted bed space and programming for inmates. Monitor contract compliance through reviews and audits. Process invoices. B. Role of the Contractor Ensure that the site, acquisition, design and construction of the facility is consistent with the requirements identified in this RFP and with the Cal'ifomia Environmental Quality Act (CEQA). Assume full responsibility to administer, staff and operate the facility in accordance with all applicable codes, regulations and contractual requirements. Maintain staffing levels consistent with those described in the RFP and as necessary to carry out program objectives and to maintain the safety and security of the facility and community. C. Inmate Screening Criteria All inmates and parole violators designated as Levels I, II and Ill, with a term of 0-18 months left to serve, who have no high level serious disciplinary problems (Division A, B, and C) within the last review period are eligible for placement in a medium security CCF (with no armed perimeters). Exclusion from placement in a CCF is mandatory if one or more of the following circumstances exist: · New commitments and Parole Violators With New Terms with time to serve over 18 months. Validated prison gang members or associates. OR~GI~!AL Community Correctional Facility 3 RFP Number R95.099 Male Bed Expansion Protective custody needs (enemies, etc.) or placement in a Security Housing Unit within the last six months. Convicted of escape, attempted escape or aiding an escape with force (PC Section 4530); or if convicted within the last five years for escape, attempted escape or aiding an escape from a secure perimeter (PC Section 4530). Escapes from and failure to return to work furlough are not excluded, nor are walk-aways from county road camps and CDC camps or outside work crews. Current medical, dental or psychiatric problems which cannot be managed in a CCF or which require ongoing medical/dental/psychiatric treatment. Currently in a medical or psychiatric category (outpatient medical, severely mentally ill, developmentally disabled). Involved in documented predatory homosexual activity while incarcerated. Cases which generate a high degree of news media and public interest at the time of arrest or since arrest and which are expected to continue and would focus community attention upon the program and its participants. Convicted for assault upon a custodial officer (PC Section 241.1 ). Convicted for assault with a firearm on a peace officer or firefighter (PC Section 245[d]). Inmates who have received a sentence of life imprisonment within the past 20 years. Parole violators pending revocation. NOTE: Civil addict inmates or inmates with actual or probable USINS (United States Immigration and Naturalization Service) holds will not be excluded from placement. CDC reserves the right to modify inmate screening criteria on an as-needed basis without amending the contract. Modifications become effective upon written notification from CDC. D. Physical Plant, Building and Grounds Requirements The Contractor will be required to provide, ready for occupancy, a facility suitable for 24-hour secured housing (24-hour supervision and restrictJo~L imposed) for 500 adult male inmates and parole violators. All proposed f~al~i~il'~"~ OR~GI~;~,L TOTAL PROJECT CONSTRUCTION PHASE SCHEDULE Facility #1 and #2 will be in construction by May 1996 and be completed by May 1997. Facility #5 and #6 will be in construction by May 1997 and be completed by May 1998. Facility #3 will be in construction by January 1997 and completed by January 1998. Parcel #4 (no planned structure at this point), will be built out as the need arises. c:cup3 11/3/95 BOOKING FACILITY INFORMATION The Direct Booking Facility proposed for the Bakersfield Police Department (BPD) will be designed as a Type I Facility. The facility will be used to process, stage, and hold amestees for eight to twelve hours prior to transportation to the SheriWs jail. It is currently estimated that BPD arrests and books an average of 33 violators per day. That figure may increase slightly over the years, but should remain below an average of 60 for some time to come. Detainees will include males and females and the classification of charges will include detoxification, non-violent 5150's, misdemeanor, felony, and warrant arrests. Arresting officers will make from 12 - 24 trips per day. All detainess will be medically screened and classified. Medical screening will be accomplished through the use of a standardized questionnaire. All medical and mental health problem inmates will be transported directly to a hospital or the county jail. Only general population inmates and inmates who fall within the segregation and security limits of the facility will be held. During processing, some arrestees, upon confirmation of their identification, will be issued a promise to appear citation. API is very sensitive to the issue of "release without transportation" and will negotiate with BPD for arrangements for their prisoners to either be released to bonafide transportation or return to the downtown court building for release. Those detainees not cited and released will be held at the facility until there is a sufficient number to transport to the jail or court. Transportation will be done in approved sized vans or buses, and will be accomplished 3 times a day or as needed. The facility shall be staffed by properly trained detention officers any time the detainees are in the facility. API staff at the Booking Facility will number approximately 20. It is estimated that staff will generate approximately 15 - 20 trips per day. Visitors and service vehicle traffic for the Booking Facility should be approximately 25 - 50 per day. c: bpd booking 11/3/95 OR~C-I~AL 550 BED COIvJMUNITY CORRECTIONAL FACILITY PROJECT REQUEST FOR CONDITIONAL USE PERMIT I. PROJECT INTRODUCTION A. Purpose The California Department of CoiTections (CDC) has issued a Request for Proposals (RFP) to solicit bids to modify its current private Community Correctional Facility (CCF) Program through a bed expansion for medium security inmates. CDC will consider proposals on a statewide basis and contract for this expansion with appropriate agencies to provide housing, sustenance, supervision and program services for selected adult felons (inmates) in accordance with Title 15. It is anticipated that at least four contracts will be awarded; each for the acquisition, construction and operation of a 500-bed CCF. It is anticipated that the contracts will commence on or about May 1, 1996. CDC is seeking proposals which include a short time frame for construction in order to activate quickly. The desired activation date is sometime between December 1996 and May 1997. A Conditional Use Permit is necessary to qualification as a bidder in this process. B. Background Statement The Director of CDC is authorized by law under Penal Code (PC) Sections 6250-6256 to enter into contracts with public or private agencies to provide housing, sustenance, supervision, counseling and other correctional programs for persons eligible for placement in CCFs. At the current rate of growth in the inmate population and additional growth projected as a result of the "Three Strikes Legislation", it is estimated that CDC will experience a shortfall in available beds. All alternatives for easing this shortfall are being reviewed. As a part of the resolution, it has been determined that CDC shall modify the existing screening criteria used for placement of inmates in the current CCFs to allow for higher level custody inmates in these new beds thereby expanding its program. C. Problem Statement With the passage of the "Three Strikes" law, CDC will experience a significant increase in the inmate population. This population explosion will impact the safety and security of the prisons in the State of California. Most of CDC's bed space needs will be addressed through the construction of new prisons. There remains a need for smaller, contracted facilities. D. Program Goals and Objectives The goal and objective of this RFP is to contract for the construction and activation of at least four new 500-bed private community based CCFs. These four new CCFs, under the Community Correctional Centers Administration (CCCA), will provide inmate and sustenance and immediately relieve the critical overcrowding in the prisons..~?~ OR!Gll/AL 2 550 Bed Community Correctional Facility H. SCOPE OF THE PROJECT A. Role of CDC · Provide written notification to local government agencies on proposed sites to allow for community hearings in accordance with PC Section 6250(b). · Establish minimum standards for the construction of these facilities. · Maintain responsibility for the secured custody of inmates. · Provide administrative oversight of CCFs to ensure that program and security requirements are met and to maintain the integrity of the program. · Reimburse Contractor for allotted bed space and programming for inmates. · Monitor contract compliance through reviews and audits. · Process invoices. B. Role of the Contractor Ensure that the site, acquisition, design and construction of the facility is consistent with the requirements identified in this RFP. Assume full responsibility to administer, staff and operate the facility in accordance with all applicable codes, regulations and contractual requirements. Maintain staffing levels consistent with those described in the RFP and as necessary to carry out program objectives and to maintain the safety and security of the facility and community. C. Physical Plant, Building and Grounds Requirements The Contractor will be required to provide, ready for occupancy, a facility suitable for 24- hour secured housing for 500+ adult male inmates and parole violators. All proposed facility sites must be no more than one hundred (100) miles driving distance from an existing CDC institution and situated within the State of California. The access to the CCF at a minimum must be a two-laned paved road that can be traversed 365 days a year. The access road must be able to carry full sized CDC inmate buses. and large supply trucks. OR~GItI/,L 550 Bed Community Correctional Facility Renovation of existing structures will not be accepted. Proposals must be for build-to-suit only. The term build-to-suit means that the proposed Contractor must provide a design which meets all minimum specifications outlined in the RFP and which is capable of housing 500+ inmates for at least 10 years. Because time is of the essence, CDC is seeking proposals for a CCF that can be constructed within a short time flame. It is anticipated that the construction phase will begin immediately upon contract commencement which is estimated to be on or about May 1, 1996. It is imperative that activation begin in May 1997; and therefore, a maximum construction period of up to twelve months will be considered. The C.U.P. must be completed before 1-15-96. Failure to comply will result in disqualification of the bidder. All construction must be completed and the facility must be "ready for occupancy" as determined by CDC within the time flame specified in the bidder's proposal and accepted by CDC. The term "ready for occupancy" means that the Contractor has: 1. Obtained funding for the acquisition, construction and purchase of equipment and entered into a contract for the construction of the facility; 2. Submitted final plans and specifications to CDC: Made legally binding arrangements for the purchase, delivery and installation and testing of all of the equipment items identified on Attachment 2.1 as approved by CDC; Developed and submitted to CDC project development items relative to personnel operations and management and ensured that the facility is ready for shakedown, staff training and initial occupancy; 5. Completed training of each ofits custody and program staff as required by the SOW; 6. Completed and obtained CDC approval of an Operational and Procedures Manual. 7. Obtained all required local city and county occupancy permits and certificates. Failure to complete all construction and ready for occupancy requirements within a specified time period will result in liquidated damages. The CCF must be constructed and operated to ensure a 24-hour-a-day secured perimeter (security fencing and electronic monitoring devices) and equipped to monitor internal movement as well as detect any unauthorized ingress/egress. Additionally, the CCF must be configured to meet all Health and Safety code, State building code, Federal American Disabilities Act and CCF building and grounds requirements. The minimum CCF bu~g~ and grounds requirements include the following components: c~~ "~'C~o~ ORIGINAL 4 550 Bed Community Correctional Facility Central Control - A secure central control room must be constructed of materials such as brick, secuhty glass, steel, etc. The Central Control Room serves as the communication and control center of the entire CCF and is responsible for such areas including, but not limited to: key control; inmate counts; and coordination of the internal and perimeter security system. The central control center also monitors the CCF's various systems including: fire alarms, smoke detectors, radios, personal alarms, audio/video security monitors, security alarms, internal and perimeter lighting and other mechanical and electrical systems. The floor space will be a minimum of 100 square feet and must be located adjacent to the main administrative office and internal visiting area inaccessible to inmates. Inmate Housin~ - Inmate housing at a CCF is primarily large dormitories. These housing units (minimally 50 square feet per inmate) must provide an adequate number of full service bathrooms in accordance with minimum Board of Corrections (BOC) standards. These standards include item-to-inmate ratios such as: toilets (1:8), urinals (1:48), sinks (1:7) and showers (1:7). These housing units must also provide a day room for living activities such as studying, writing, reading and viewing television (35 square feet per inmate in accordance with BOC standards). Each inmate will be provided adequate space for a bed and a locker (up to six cubic feet) for the inmate's issued and authorized property. Parking - Adequate and convenient parking must be available for CCF staff, visitors (159 vehicle spaces) and assigned CDC employees. Medical Room - Inmates at CCFs receive a wide variety of medical and dental care which is assigned, approved and monitored by the Chief Medical Officer of the CCF's designated CDC hub Institution. To assure timely and needed medical and dental care of its inmates, the CCF must maintain a locked medical room for the storage of inmates' prescriptions and over-the-counter medications and an exam area. At a minimum, the exam area must include a locking cabinet for inmate medical records, a counter with sink, blood pressure cup and a height/weight scale. Medical Cells - Two isolated medical cells with negative air exchange shall be provided. Food Services - A fully equipped kitchen for preparing food for inmate consumption must be provided. The food services area must also include a dining room that contains fixed, immobile tables and benches/chairs and should accommodateo,,l~e number of inmates served at each seating. Food storage areas must be:~cated ~P5 adjacent to the kitchen and secured to prevent pilferage. ~ ORIGINAL 5 550 Bed Community Correctional Facility Janitorial Closets - CCFs must have one or more centrally located janitorial closets equipped with a utility sink, hot/cold water, adequate drainage and ventilation, secured cabinets for the storage of cleaning supplies, and adequate space for storage of equipment currently being used. The floor space must be at least 60 square feet and be under direct staff supervision when being used by inmates. Wirine for Data Quality Line - CCFs must include proper wiring connectivity, as approved by local telephone company, from the workstations/offices planned for seven CDC staff as well as a Receiving and Release area and the classification room to the main telephone punch down which will enable the telephone company to bring in a data quality line. This will allow participation in the Correctional Information Management System. Office and Conference Rooms for CDC Assigned Staff- CDC Parole Agents and correctional staff are permanently assigned and integral participants in a CCF's daily operation and for this reason must be provided adequate office space and conference rooms. (It is anticipated that there will be ten CDC staff assigned to the CCF) Seven CDC staff assigned to the CCF must have individual offices with a minimum of 100 square feet per staff member. The remaining CDC staff will provide security coverage on other watches and therefore will not need an individual office. The administrative conference room must be: (1) a minimum of 300 square feet; (2) located in the administrative offices area; and (3) available to CDC and Contractor staff The office space for the Parole Agent Ils should be near or adjacent to the housing units and must be accessible to the inmate population from within the secured building. 10. One Office and/or Conference Room for Attorneys, Classification Committee, Administrative Deputy Commissioners and Hearing Officers - While the above noted public officials and professionals are not assigned to CCFs as permanent full-time participants, it is necessary to accommodate them with adequate space (floor space should be minimally 150 square feet and centrally located in the CCF and behind security walls) when they are on-site to perform their duties. This space should be contiguous with and accessible by the inmate population within the secured areas of the building. 11. Classrooms - The Education Program must provide adequate classrooms to meet the education, pre-release and other inmate programs proposed by the bidder. The classrooms should be minimally 300 square feet, fully furnished with desks and chairs, equipped with computers and other appropriate learning tools, and supplied with paper, erasers, pencils etc. The classrooms shall not be equipped with phone ~r~ or linked to the CCF computer network. Appropriate temperature controlSustC.° maintained to prevent overheating or equipment and must meet the educational needs. ~ ORIGIN^L 6 550 Bed Community. Correctional Facility 12. Laundry Services - Laundry equipment must be of commercial grade and the on-site laundry service area must be properly ventilated and contain adequate space to: (1) provide weekly laundered clothing and linens to all inmates; (2) serve as a storage for all clean unassigned clothing and linens; and (3) serve as a temporary storage for all unclaimed clothing. 13. Inmate Property Room - CCFs must provide an adequate and properly secured storage room (with both deadlock and door lock) for its inmates' personal property. The inmate property room should be located in or adjacent to Receiving & Release. 14. Maintenance Room - A maintenance room must be included to store the tools and equipment needed to maintain the CCF and support building projects required by the CCF. The maintenance building should be located outside of the CCF security fencing and be a minimum of 900 square feet. Within the maintenance building, there must be a secured room (Cage) for the storage, inventory and control of all hand tools. 15. Hazardous Waste Storage - An area to store a container for hazardous waste materials must be provided. These items could be volatile chemical materials or other contaminated substances. This area should be located outside of the physical plant but accessible to inmate work crews and be a minimum of 24 square feet. All hazardous and volatile chemicals/supplies must be stored safely and securely according to CDC policy. Disposal of Hazardous waste materials must be done in compliance with State and local jurisdiction requirements. 16. Armory - As a medium security correctional facility, the CCF must include an armory that is maintained for CDC staff only. The armory shall be located so as to be under 24-hour-a-day supervision and away from areas that are open to traffic by unsupervised inmates or parolees and the public (outside of the inmates security area). The armory room must: (a) be at least 60 square feet; (b) have space and gun lockers to store visiting peace officer(s) weapons; and ( c ) be moisture proof and temperature controlled. The Contractor shall be responsible to ensure the safe and efficient operation of the armory room. To prevent unauthorized use, all weapons, ammunition and related equipment shall be secured where access is restricted to CDC custody staff and those Contractor staff specifically designated and approved by the Parole Administrator. Additionally, the CCF must provide adequate and secured lockers for its restraint equipment such as handcuffs, waist chains and leg irons; and must have. ~ate security lockers at front and rear sallyports. ORIGI~IAL 7 550 Bed Community Correctional Facility 17. Perimeter Security - A secured perimeter constructed of non-climbable fencing material and/or double fencing with electronic monitoring devices is required. Fencing shall be twelve (12) feet high with razor wire on top, security ties and a concrete base or reinforced brick wall the length of the fence. Additionally, perimeter security shall include constant monitoring either by staff or audio/video surveillance and adequate lighting (sufficient to illuminate the grounds surrounding the facility). 18. Temporary Holding Cells - Three percent (3%) celled housing for disruptive inmates, security needs or pending transfer to higher custody is required. At a minimum, fifteen (15) cells should be available for a 500-bed CCF. Each cell must have a minimum floor space of 48 square feet in accordance with BOC standards and include a toilet, wash basin and bed. At least six (6) of the fifteen (15) cells must be located w/thin Receiving and Release. 19. Library - A library must be provided for the inmates' use and must be at least 150 square feet in size. It must be accessible to the inmates in a security area and centrally located. 20. Central Warehouse - A room or space to store supplies and miscellaneous support items for the CCF must be included. It must be located in an area that is easily accessible to the inmates that work in that area and to staff who would need supplies quickly. It should be a minimum 400 square feet and be located within the secured area and adjacent to the sallyport. 21. Private Automatic Branch Exchange (PABX) - Telecommunications Room - Include a PABX telephone system as required by CDC and a space to house the terminal circuitry for all the telecommunications lines within the physical plant. This allows the Telecommunications Technician to diagnose circuitry problems in the complex in one single location. It should b a minimum of 80 square feet and centrally located within the administrative offices area with no inmate access. 22. Canteen Services - A space to house the canteen services should be included that has sufficient room to store a sufficient quantity of miscellaneous items that can be purchased by inmates. It should be centrally located, accessible to all inmates on a scheduled basis, and be a minimum of 300 square feet. 23. Receivin~ & Release (R&R) - A space to house the R&R operations should be included that has sufficient room for: (a) storing articles of clothing; and (b) supervisory and line staff that assist in the R&R operations. The R&R s.h~J0~,also der!cate a minimum of 200 square feet towards a secured mail room for~e rec~J~t, sorting and distribution of inmate mail. ORIGIHAL 8 550 Bed Community Correctional Facility There must be pedestrian sallyports as well as a vehicle sallyport large enough for the CDC bus adjacent to the R&R. The requested holding cells should also be adjacent to the R&R operational area. The R&R area should be a minimum of 600 square feet. A computer must be located in a secured location of the R&R area to be utilized for population tracking. This computer must display in large red letters "Restricted from inmate access". 24. Power Supply - A space to accommodate the auxiliary electrical generator should be included. The generator should be in a well ventilated but protected area and large enough in capacity to provide sufficient electrical power to sustain security activities at the CCF in case of a power loss. 25. Sallyports - All sallyports must be in enclosed areas large enough to accommodate the item(s) that are gaining entrance into the perimeter of the security fence. Additionally, there must be a sallyport separating the administration building from security areas. In the case of pedestrian gates, the space allotted should accommodate up to ten individuals at one time, if necessary, in the R&R area. In regards to vehicles, the space allotted should accommodate a 38-passenger CDC transportation bus. For every facility sallyport, there must be electronic mechanisms that allow for only one door to be opened at a given time. 26. Housing Unit Control Station - A space for a secured housing unit control station should be included. It should be a minimum of 100 square feet and be centrally located within each inmate housing area and provide for visual observation of inmate population and include room for a control console and toilet. Additionally, a pedestrian sallyport must separate the control station from the housing unit. 27. Outdoor Recreation Space - Space for outdoor recreation for inmates should be included. The area should be accessible to all inmates and large enough to allow for recreational team sports as well as individual exercise and recreation. The amount of time the yard is open and number of inmates allowed on the yard at any given time needs to be considered when determining the size and configuration of the recreation area. 28. Visitin~ (indoor and outdoor) - Adequate space for both indoor and outdoor visking should be included. The amount of space needed in the visiting areas are dependent on the number of days and hours scheduled for visiting and the number of inmates and family members allowed in the visiting area at one time. Adequate seating, restrooms and drinking fountains must be available for visitors. D. Organization The Contractor's operations must be organized so that there will be management~,(2~ite during normal business hours who will have the authority to make decision~sc~e~---~lJ~ policy and critical program issues. ~- r~ ORIGI~,L 9 550 Bed Community Correctional Facility E. Operations The Contractor shall be responsible for: (1) the operation of the CCF; (2) the supervision of CCF staff, (3) the provision of housing, sustenance, supervision and services for inmates; and (4) providing and coordinating all inmate activities within the CCF. The Contractor, with CDC approval, will: (1) develop and implement a suitable organizational structure with clear lines of authority; (2) assign responsibility and distribution of functions; (3) prepare a detailed description of the legal authority, responsibilities and duties of each CCF staff member; (4) develop and implement written policies and procedures for CCF administrative and operational activities; and (5) implement an organized program of CCF staff orientation and training. The Contractor is responsible for the selection and evaluation of CCF staff in accordance with Board of Corrections standards. F. Program Requirements The Contractor must provide services to all inmates in accordance with Title 15. The required services as well as additional services required pursuant to this RFP are summarized as follows: Medical Services - Inmate medical services for sick call and dispensing of medicine. The Copayment Program will be established and administered within CDC policy. Inmate Work/Trainin~ Participation - Full participation in the Inmate Work/Training Incentive Program with its nominal pay and day-for-day credit provisions. Each inmate will have a job or participate in some form of programming with the expectation that the inmate will spend at least six (6) hours but no more than eight (8) hours per day, five (5) days per week. Recreation - Year-round indoor and outdoor diversified recreation program. Education - A year-round education program including Adult Basic Education, English as a Second Language and GED (General Education Degree) preparation and testing. Library - An adequately stocked and supervised library. Religion - Inmates' voluntary attendance and participation in weekly religious programs. Visiting - Contact visiting facilities will be available a minimum of 12 hoursli~ig~ year-round. ~ ~, ORtOlt~,L 10 550 Bed Community Correctional Facility Telephones - Provide pay telephones for inmates in all housing units. Calls from these phones will be monitored by control room staff. Ensure regular access to operator assisted pay telephones and use of the CCI~'s business telephones in family emergencies or for confidential calls to attorneys. (Inmate telephone systems must be sufficient for the Contractor to monitor and record all phone calls). The equipment for monitoring and recording phone calls will be located in a secure room in the administration building. 9. Mall - Receipt and sending of mail within the safety and security guidelines established by CDC policy. 10. Barber - Barber Shop services for inmates. 11. Inmate Advisory Committees - Inmate Advisory Committees established and administered within CDC policy. 12. Pre-Release - Pre-release planning with the course content and time frame prescribed by CDC for all inmates (except illegal aliens) who have not previously taken the course. The Pre-Release Curriculum Guidelines provides an outline of all components that should be included in the minimum 90-hour pre-release program. 13. Substance Abuse Education - Substance abuse treatment education including regular attendance and participation at Alcoholics Anonymous (AA) and Narcotics Anonymous (NA) meetings. 14. Canteen. - Availability of a canteen with an adequate variety of competitively priced merchandise of interest to an ethnically divers inmate population. t 5. Appeals - An inmate appeals program in compliance with CDC policy. 16. Chores - Daily household chores assigned to inmates which are supervised and evaluated by facility staff 17. Livine/Sleeping Areas - A suitable living and sleeping area. 18. Meals - Meals in compliance with CDC prescribed nutritional standards. 19. Laundry - Laundry equipment for the washing and drying of inmate clothing and linens. 20. Linens/Towels - Clean bed linens and towels as needed. 21. Inmate Property - Secured storage for inmate property. 22. Orientation - Orientation of all inmates during the first 24 hours of arrivi~-.9W~ CCF. ~. OR!GIt~,t. 11 550 Bed Community Correctional Facility 23. Inmate Trust Fund - A trust account for the benefit and welfare of inmates. CDC reserves the option of requiring the implementation of a substance abuse treatment program (SATP) for civil addicts. In this instance, the contract will be amended to include funding, components and policies for an SATP. G. Administrative and Security Requirements The Contractor must ensure that the administrative integrity and security of the CCF are maintained at all times. In order to maintain adequate administrative/security control, the Contractor must incorporate the following components into their scope of operations: Procedures Manual - A developed, maintained and CDC approved Procedures Manual that addresses every element of the CCF's daily operations including buildings, grounds, management, food service, security and inmate programs and fiscal requirements. 2. Personnel Policies and Procedures - Written personnel policies and procedures which include, but are not necessarily limited to the following: Staff selection and training which adheres to Penal Code and CDC mandates and requirements regarding the initial screening, testing and background investigations ofail successful candidates considered for employment. All CCF employees must be approved in writing by CDC prior to reporting to duty. b. Job descriptions, post orders, post assignment detail, summary and master roster for every authorized post in the CCF. A probationary period for employees followed by annual work performance evaluations. Grievance and appeal procedures must be available for all employees. d. Basic and annual in-service training for the CCF's employees in compliance with these CDC standards: 1. 116 hours of basic training for security staff within the first year. 2. CDC requires 40 hours of annual training of which 24 hours must be Board of Corrections certified. A written policy which requires standard uniforms, identifications badges and insignia for security staff The uniform shall consist of shirt, tie, pants, sh~e~, and identification badges and shall be of a color that clearly differenti~,~s from inmates. ORIGI~L~[ 12 550 Bed Community Correctional Facility All uniformed security personnel shall wear a clearly displayed nameplate as a standard item of uniform attire. Any non-uniform employee having contact with inmates and the general public may also be required to wear a nameplate while on duty, as determined by the Facility Director. The prohibition of all forms of discrimination including sexual harassment of employees, job applicants, visitors, the general public and the CCF's inmates. A written policy on nepotism in compliance with CDC policy which prohibits direct supervision and work performance evaluations of family members. Adoption of written policy and procedures on conflict of interest. Written policy and procedures in compliance with CDC policy which prohibits employees from over familiarization and fratemization with CCF inmates and their families. A written job action contingency plan to be implemented in the event of employee job actions which may disrupt the CCF's daily operation, (i.e., strikes, sick outs, sit ins, etc.) The application, screening, assignment, supervision and performance evaluation of citizen volunteers including student interns, tutors, visiting clergy, and members of special interest groups such as AA/NA. 24-Hour Supervision of Inmates - Direct supervision of inmates 24 hours dally year- round by trained, physically fit (according to BOC standards) and mentally alert (awake) correctional employees. 24-Hour Central Control Center Operations - An adequately equipped, staffed and properly managed central control center that is fully operational 24 hours-a-day year- round and monitors/tracks movement of inmates, staff and visitors. Security Control of Computers - Security control of the CCF's computers to prevent inmate access to sensitive and restricted information. Daily Facility Activity Lo~s - Daily use of a CCF activity log to record both routine and out of the ordinary events and incidents. 7. Inmate Counts - Inmate counts must be conducted at least four times daily. 8. Perimeter Security Checks - Perimeter security checks must be pertormed~ly at t~ beginning of each watch. ~ m OR~GIH,AL 13 550 Bed Community Correctional Facility Inmate Classification - Classification of all inmates should be done as soon as possible but no later than 14 days of arrival at the CCF to assess their security risks and program needs. This process will be performed jointly by the Contractor and CDC. 10. Due Process and Progressive Discipline - Due process and progressive discipline of inmates. 11. Inmate Escape Prevention and Procedures - Prevention of inmate escapes and the immediate implementation of escape procedures as circumstances dictate and in accordance with CDC policy. 12. Security Control of Vehicular Entries and Exits (through a sallyport) - Management and control of all vehicle and pedestrian entries into and exits from the CCF's security areas. 13. No Hostage Policy - A written and clearly communicated "no hostage" policy that is posted at the entrance to the CCF in accordance with CDC policy. Suggested language shall state "THIS CDC FACILITY HAS A NO }lOSTAGE POLICY. }lOSTAGES WILL NOT BE RECOGNIZED FOR BARGAINING PURPOSES." All inmates, visitors and staff will be informed of this regulation. 14. Controlled Receivine and Release of Inmate - Provide tightly structured and controlled receiving and release policy and procedures for inmates temporarily or permanently entering or leaving the CCF. 15. Inmate Orientation - Provide initial orientation of all inmates within 24 hours of intake which includes CCF rules and regulations, duties and earned privileges. As soon as possible after arrival, inmates must also be issued picture identification cards, bed assignments, clothing and linens. 16. Contraband Searches - Documented searches of the CCF and inmates for contraband must be conducted on a daily basis year-round. 17. Safety Equipment for Employees - Provide or otherwise make available through Central Control to security personnel necessary safety equipment (i.e., whistle, handcuffs and case). Personal alarms for employees must be, at a minimum, a whistle. 18. Emergency Operations Control Plan - Provide a written Emergency Operations Control Plan that will be implemented in the event that a major disturbance or natural disaster occurs. 19. Written Mutual Aid A~reements - There must be Written Mutual Aid Agreements with local and State law enforcement and related criminal justice agencies for assistance in emergency situations. OR!GI~IAL 14 550 Bed Community Correctional Facility 20. Testin~ of Emergency Liehtin~ Systems - Complete and document weekly testing of the CCF's emergency lighting system that tums on automatically and instantly with the loss of electrical power. 21. Substance Abuse Testin~ of Inmates - Provide substance abuse testing of inmates for reasonable cause on an "as needed" basis. Tests will be completed by CDC contracted drag testing laboratory. 22. Controlled Community Service Work Projects ~ Provide screening, assignment and supervision of inmates on community service work projects in conjunction with CDC. Based on the inmate screening criteria, a limited number of lower level custody inmates will be available to provide community service work. 23. Ememencv Transport of Inmates - provide written policies and procedures on the safe and secure transporting of inmates on an emergency basis. 24. Use of Force - In compliance with CDC requirements, provide written policies and procedures on staff's use of physical force and restraints in their supervision of inmates and in the preparation of use of force reports. 25. Incident Reports - Prepare and distribute Incident Reports in compliance with CDC policy. 26. Release Funds - In accordance with Penal Code Section 2713.1 and Title 15 Section 3075.2, inmates are entitled to funds to assist them with necessary expensed upon their release from prison. CDC staff will initiate the Release Statement (form CDC-102) which must be signed by the appropriate Parole Agent(s) and paroling inmate(s). At that time, the Contractor will ensure that a check is issued to the paroling inmate for which the State will reimburse the Contractor (monthly in arrears) through the invoice process. Invoices must include a copy of each Release Statement that has been signed by the paroling inmate(s) and Parole Agent(s) authorizing the transaction. 27. Initial and Annual Fire Safety Inspections - The CCF must be approved for occupancy by the Office of the State Fire Marshal (OSFM). Thereafter, the CCF must pass annual fire safety inspections conducted by the OSFM (or their designee) and adhere to the following CDC standards: a. Prohibit smoking in the CCF by anyone (including staff, inmates and visitors) except in designated outdoor areas. b. Appropriately place fire extinguishers and their documented monthly safety inspections completed by staff throughout the CCF. Post clear, concise and site specific emergency evacuation floor plans the CCF in tamper-proof frames. 15 550 Bed Community Correctional Facility Document quarterly fire drills in accordance with CDC policy and in adherence to a CCF evacuation plan reviewed and approved by the local fire department or OSFM. Place smoke detectors throughout the CCF to include such key areas as administration, kitchen, central control, laundry, inmate housing, classrooms, medical room and maintenance shops. H. Activation The contract is comprised of three separate phases which include the prestart-up (constructions), start-up (initial activation), and ongoing phases. The optimal prestart-up phase would be nine months or less; however, may extend up to a 12 month period. The prestart-up phase includes costs for staff salaries and benefits and all costs associated with the design and construction of the CCF (such as land acquisition, construction, permits, taxes and equipment). These costs shall be amortized over a period of 120 months and payment of amortized prestart-up costs shall not commence until facility activation. The start-up period begins with the arrival of the first inmate and is estimated to last for 2.5 to 3 months. (it is anticipated that 38 - 50 inmates per week will arrive at the CCF). /he ongoing period commences when the CCF is fully activated. Start-up and ongoing costs will be paid on an approved per diem rate. I. Staffing Requirements API will operate the fhcilities 24-hours per day with approximately 100 staff members assigned to each facility. The shifts and number of staffon each shift is as follows: 12 midnight - 8:00 a.m. 20 staff 8:00 a.m. - 4:00 p.m. 45 staff 4:00 p.m. - 12 midnight 35 staff J. Traffic API staff in Facilities #1 (CCF) and #2 (warehouse) will generate an estimated 150 trips per day; staff being 90, visitors and services being 60. Approximately 15 of the service category will be large trucks and buses. Facilities #5 (CCF) and #6 (warehouse) will be the same. c:cup 11/3/95 OR~GIHA~