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HomeMy WebLinkAbout08/20/93 BAKERSFIELD MEMORANDUM TO: HONORABLE MAYOR AND CITY COUNCIL ~/August 20, 1993 FROM: ALAN TANDY, CITY MANAGER SUBJECT' GENERAL INFORMATION 1. The meeting between the Kern County City Managers group and Joe Drew on the tax split policy the County has adopted has been postponed until September 9th. We anxiously await. 2. As of this writing, we are still waiting for clarification on who's on the list for the Assistant City Manager position. One person has not been able to be contacted yet. We have sent a letter which gives a five-day trigger, which expires next week. Also next week is the closing for the Water and Sanitation Manager Department Head position. As of this writing, we had fifteen, or so, applicants. 3. Because we have annexations "dying" we have temporarily delayed the processing of the Union 10 and Rosedale 5 annexations while we attempt to work out our problems with Kern County. We ar.e ready to trigger them, through LAFCO, as soon as our problems with the County are resolved. 4. There is amemo enclosed on A.D.A. compliance with the parking structure at 18th and Eye Streets, for your information. 5. We are going through the closing of our financial accounts for last year and are preparing the annual financial statements. We will do better in terms of actual year end balances than budget projections. The exact amount will not be certain for some time, however, the $1 million issue, in terms of expenses exceeding revenues projected for next fiscal year, which I gave you last week, will be considerably improved as a result of the favorable year end information. 6. The Citizens Park and Recreation Committee has, on a 4-3 vote, decided to drop its investigation of becoming an independent Commission. We consider that to be positive news. 7. You may be aware that, during this past week, my first anniversary with the City pasSed. I am enjoying it here greatly! 8. We had ameeting with the Hotel developers this week. I would characterize it as being very positive. There are still open issues, but we are progressing. A negative note, however, getting "the deal" done will depend on getting a bond rating. Unrated, the numbers do not work. The rating process takes quite a while and will eventually involve a group of Hammons and City people doing a sales pitch in New York. HONORABLE MAYOR AND CITY COUNCIL August 20, 1993 Page -2- 9. There is a memo enclosed in response to a Council concern regarding the reserves within the proposed bond pool. No one project can use up the reserves of the others. 10. Enclosed is a memo from Public Works which is a progress report on the Northeast Bakersfield Sewer Project. AT. al b Enclosures cc: Department Heads City C1 erk MEMORANDUM August 12, 1993 TO: Alan Tandy, City Manager //~/ / FROM:. Jake Wager, Economic Developmefit Director SUBJECT: Americans with Disabilities Act (ADA) Compliance at the 18th and E , Parking Structure To conform with ADA regulations the structure's handicapped parking area located at the western portion of the lower level was recently redesigned. Handicapped parking improvements included the following: The elimination of existing striping and bumpers, and the re-striping and signing of nine regular and two van handicapped parking spaces. Required signage for these spaces included: Nine - 12" x 18" x .063 aluminum reflective handicapped signs mounted on the wall. Two - 12" x 18" x .063 aluminum reflective van handicapped signs mounted on the wall. Two - 18" x 24" x .063 aluminum standard handicapped entry signs mounted at entrances to the structure. The structure already had one of these signs inside the garage. It was relocated to the outside of the structure. The work was completed by Public Works, General Services Division staff. Cost of labor and materials will be reimbursed with FY 1992 CDBG Architectural Barrier Removal Program funds. Other pending improvements to the structure include a new monument sign to be located at the 18th and Eye Street comer and a temporary banner advertising the availability of public parking. Staff is currently in the process of securing proposals from local sign companies for this project. dlt:db's retail 15 AUG 95 4_3:34 CITIZENS' PARKS AND RECREATION COMMITTEE Tuesday, August '17, 1993 Silver Creek Park & Recreation 'Center 7011 Harris Road 12:00 noon AGENDA I. Call to 'Order. II. Approval o~ Minutes III. New Business 1. Analysis of procedure necessary to establish "authority" similar to the Fresno Metropolitan Project Authority - City Attorney 2. FeasibilitYof programming along the river bank at Beach Park - Staff 3. Tour of SilVer Creek Park and Recreation Center IV. Old Business 1. Reorganization of Citizens' Committee to status of commission V. Public Statements VI. -Committee Statements VII. Adjournment CITY Mh~WAGEh-~ 17 AUG 95 '~" 40 CITIZENS' PARKS AND RECREATION COMMITTEE Meeting of July 20, 1993 Minutes PRESENT: Mary Sawyer, Leonard 'Schroeder, Jack Goldsmith, Delbert Murray, Michael Fausett, Richard Russell ABSENT: Geri Spencer STAFF PRESENT: Frank Fabbri, John Closs, Trudy Slater, Marguerite Smith, Mike Doyle, Linda Robinson, Tim Ruiz I. The meeting was called to order at 12:15 pm bYChairperson Mary Sawyer. Committee member Richard RusSell questioned why some of the past minutes showed no votes taken on action items. Mary Sawyer explained. Mr. Russell also questioned whether the letter written to the City Manager regarding commission status was from a previous meeting and if the Committee had advised her to write it. Mrs. Sawyer responded in the affirmative. She also explained about the taking of minutes when there is no quorum. II. 'it was moved by Jack Goldsmith, seconded by Delbert Murray to approve the minutes from the April 20, 1993. Motion carried'to follow. Motion carried. Mary Sawyer further explained about the letter to Alan Tandy and asked if a reply had been received. Administrative Analyst Trudy $1ater stated that the issue had been referred to the Council's Legislative and LitigatiOn Committee. Mary Sawyer asked to.be notified on their meeting date so she could attend and explain the Citizens' Committee's position. Mrs. Sawyer then explained her understanding of how and why the Citizens' Committee had been established. She then spoke of several instances of issues that had come before the City Council that she .felt should have been referred to the Citizens' Committee. She also expressed the opinion that as a committee you're not taken serious but as a commission you would be. o · Committee member Murray also stated his positive comments about commission status being more favorable than committee only. ViCe-Chairperson Leonard Schroeder expressed his endorsementof both Mary Sawyer's and Delbert Murray's points of view. -2- Richard Russell questioned whether the committee/commission issue had been analyzed from a cOst standpoint. Mrs. Sawyer responded in the negative. Mrs. Sawyer then spoke of meetings that were not held because staff had called off the meetings, although there had been several hot items on the agenda. She said that staff was so busy with the budget that they had called off the meetings. She also said that she had to request a copy of the budget and that she and Len (Schroeder) came to the scheduled meetings and sat in the parking lot and read the budget. She said that the budget called for the closing of one of the City pools and the budget was passed and she felt that the'closure would not have met the approval of the committee had the committee been given the opportunity to review it. She stated that she felt the committee needed to complete what it is assigned to do and to have the meetings every month as scheduled, without a staff member being able to cancel them. Richard Russell asked which staff member was the spokesperson at the meeting. Recreation Supervisor Tim Ruiz responded that he was filling in.for Jim Ledoux who was out of town and that Lee Andersen was out of town also. Mr. Russell said he felt there was a communication problem between'staff and the committee. Mary Sawyer stated she went out of her way to try to hold a meeting in May and June but she was told "no way." Committee member Jack Goldsmith related that staff usually called to see if enough members for a quorum were available. Mary Sawyer responded to a previous question from Richard Russell regarding why~the Committee felt it should be a commission instead of an advisory committee. She stated that there exists a situation where staff is running the business of the committee and she doesn't believe that's how the committee was created. Richard Russell stated that. until he has more information, he wanted to go on-record as not endorsing a commission. Leonard $chroeder moved that staff compile information regarding commissions and committees from other cities. This issue, was moved up from Item IV Old Business, #3, "Reorganization of Citizens to Status of Commission. SeConded by Jack Goldsmith. MOtion carried'. Administrative Analyst II Trudy Slater spoke regarding the Legislative and Litigation Committee future meetings. It was decided to'hold off on going before this committee until-further information was acquired. It was moved by Jack Goldsmith and seconded by Leonard Schroeder to approve the minutes from the meeting of March 20, 1993. Motion carried. -3- III. New Business 1. Introduction of newly appointed members Michael Fausett (Ward 7) and Richard Russell (Ward 6) - Chairperson Mary Sawyer had the new members'introduce themselves prior to the start of the meetingl 2. City Wide Park Plan Update Assistant City Manager John Stinson was not present to provide an explanation. Staff was asked to contact Mr. Stinson for clarification and also to invite him to the August meeting. 3. Silver Creek Park and Recreation Center. Update Linda Robinson passed out information regarding the grand opening of Silver Creek Park and Recreation Center and also informed the committee about some of the future events planned for the park. Frank Fabbri, explained about the relationship between the City and Castle and Cooke in the construction of this project. Mary Sawyer requested that information relative to the budget for Dr. Martin Luther King Jr. Community Center and also for the new Silver Creek Park and Recreation Center be provided to the committee members so they can examine the correlation between the two. It was decided at this time that the meeting scheduled for August 10, 1993, would be held at Silver Creek Park and Recreation Center, 4. Discussion on zoning-ordinance pertaining to private recreation facilities. Mary Sawyer expressed her concern for what is .happening with recreation in Bakersfield. She mentioned.the City's vacating of Mesa Marin, the denial of the Rio Bravo motorcross and the selling of the White Lane waterslides which will be converted to a shopping center. Mrs. Sawyer said that these happenings are blows to the youth and recreation seeking citizens of the community. She said that she had a real problem with seeing another shopping center constructed when there is so much vacant retail space in the City already. She stated that while this is probably an issue that this (Committee can't take seriously and do anything about, she does think that' -4- suggestions can be made to the Planning Commission to (t) put in a building moratorium that states that if retail space is in excess of 35% vacancy there will be no more building permits given out and (2), that the City of Bakersfield needs to stop the destruction of the waterslide, which may mean an action of eminent domain. More discussion followed on this issue and also on the extent of the Committees jurisdiction. IV~ Old Business 1. Rio Bravo Cycle ComPlex Mary Sawyer reported that Frank Collins and Dave Ginn are talking about tearing out the ball diamonds at Mesa Marin and putting in the off road track Mr. Ginn was trying to get. 2. "Green Sticker Fees" Application Mary Sawyer explained about the "green sticker fees" application. She said she had asked Jim Ledoux to deliver copies to the Council sub-committee that deals with this but that she had heard nothing back from them. Discussion followed on this issue. Also discussed at this time was the issue of holding meetings as scheduled either with or without a quorum. Much discussion followed on this issue. 3. Reorganization of Citizens' Committee to status of commission. This issue was discussed previously during the meeting. V. Public Statements - none VI~ Committee Statements Jack Goldsmith requested that staff look into the feasibility of programming along the river bank. in the Beach Park area. Richard Russell reported On a program that had been adopted by the City of Fresno called the Fresno Metropolitan Projects Act or Arts to zoo program. It was suggested that copies of the information be sent to all committee members so they could become' familiar with it prior to the next meeting. He requested that the City Attorney's office provide an'analysis or explanation of the method employed by the City of Fresno to create the "Fresno Metropolitan Projects Authority." -5- VII. The meeting was adjourned at 2:02 pm. Respectfully submitted, Jim Ledoux MEMORANDUM August 18, l gg3 ~, FROM: Gregory J. Klimko, Finance Director/-//' SUBJECT: Mark-Roos Bond of Pool Reserves Councilwoman Brunni inquired as to the operations of a Bond Pool Debt Service Reserve. If the City were to issue a $75 million Bond Pool, the pool would include a maximum 10% debt service reserve of $7.5 million. If for any reason any of the local obligations could not meet their payment and the pool needed to draw down on the reserve to meet the pool debt service requirement, the replacement of the pool reserve is limited to the local obligation which necessitated the draw down. Specifically, if a payment default by the hotel developer caused the pool reserve to be depleted, the reserve would be rep/aced out of the proceeds of the sale of the hotel and/or the proceeds derived by going against the guarantee posted by the hotel developer. The other local obligations would not be required to contribute to the reserve replacement if they did not cause a draw down on the reserve individually. C~K:ljrn C:IMOO1. GJK BAKERSFIELD PUBLIC WORKS DEPARTMENT MEMORANDUM TO: ALAN TANDY, CITY MANAGER FROM: ED W. SCHULZ, PUBLIC WORK~IREC/TOR ~ . DATE: AUGUST 19, 1993 SUBJECT: REVIEW OF PROGRESS WITH RESPECT TO CITY OF BAKERSFIELD ASSESSMENT DISTRICT NO. 93-1, (NORTHEAST BAKERSFIELD SEWER PROJECT) AND THE NORTHEAST BAKERSFIELD WATER STUDY Northeast Sewer To date, the City Council has been approved various resolutions which have initiated the formation proceedings for thc assessment district. Kcm County has granted jurisdiction to thc City for the levying of assessments on the unincorporated areas within thc district boundaries. Thc design of thc sewer trunkline is substantially complete and thc Draft EIR has been completed. A local soils engineering firm has begun taking several test borings to analyze soils along thc sewer alignment which will provide information as to thc quality of soils. The Assessment Engineer has completed thc Assessment Diagram and property owner list and has currently completed 80% of the Preliminary Engineer's Report. A title company has bccn retained to provide title reports for thc obtaining of casements. Thc next step in thc process will bc to go before Council with the Preliminary Engineer's Report which will set thc time and date of hearing and adoption of thc Resolution of Intention which identifies the scope of work. The Preliminary Engineer's Report is scheduled for Council consideration on October 27, 1993. The EIR is tentatively scheduled for Council approval November 10th 1993. After bids on thc project have bccn received, the Assessment Engineer shall respread the actual costs and prepare the Final Engineer's Report for Council approval, tentatively set for December 15, 1993. A/so scheduled for the December 15, 1993 Council meeting is the protest hearing. The Council will be asked to adopt the Resolution Establishing the Planned Sewer Area on or prior to December 15, 1993. A majority protest is not expected given the level of support received by the petition. This would lead to an approved assessment district followed by a 30 day cash payment period for CITY' any property owner wishing to pay part or all of his/her assessment. Municipal Bonds are anticipated to be sold in January 1994. Construction on the sewer trunkline is scheduled to ~0 ~,U3 ~,~ 9: ~ begin February/March 1994. Page 1 of 2 Alan Tandy, City Manager August 19, 1993 RE: Assessment District No. 93-1 (Northeast Bakersfield Sewer Project) Northeast Water Supply Study (Area Generally East of Fairfax Road) The Northeast water supply (NEWS) area water study is currently in Phase 1 of the investigation. Kennedy/Jenks and Ricks, Taylor & Associates, Inc. are the designated consultants to acquire, compile and summarize data from ID #4 of the Kern County Water Agency, the City Water Department and Olcese Water District to determine future development patterns and water demands for the study area. Using the 2010 General Plan, census information and population growth projections, the timetables for development and sizing of a future Kern River water purification plant with related storage facilities and the locations of major transmission and distribution pipeline mains can be established. The first draft report is expected to be available from the engineering consultants on September 1, 1993. P:XMEMOS~.~V Page 2 of 2 EMERGENCY MEDICAL SERVICES DEPARTMENT MEMORANDUM Fred A. Drew Direcl~r Roberl Barnes, M.D. · Medical Director August 16, 1993 TO: Kern County Hospitals Kern County Public Safety Agencies ,.~ ;Ke County Cities FROM: Fred Drews, Director SUBJECT: PRIVATE AMBULANCE COMPANY SERVICES For the past several years, and up until June 30, 1993, the Private ambulance providers in Kern County had an agreement with the County of Kern for reimbursement of medical transportation services provided to indigents and "County-responsible patients." That agreement terminated on June 30, 1993, and it is anticipated that a new and different reimbursement method will be used in FY-93/94 and beyond. This memorandum provides you with general information, as it is now available, on the prospective changes, significant aspects of the agreement, and most importantly, what this may mean to you in your dealings with the private ambulance companies. The former agreement was very liberal in its definition of "County- responsible" patients. Included in that definition were patients that were unable to pay after ambulance service billing efforts were unsuccessful, even though the County only has a legal responsibility to provide for care and transportation of classified indigents. For several years there were many cases where payments were made for these' services, which were not actually the responsibility of the County. Unfortunately, with the current fiscal crisis, this past liberal process .must be refined. With the current budget situation and according to Board of' Supervisors' direction, the agreement has been scrutinized carefully, and a new system of "block- reimbursement payment" for services will be implemented. These reimbursements will provide quarterly block-payments, at a level set by the Board of Supervisors, for the services provided by the private.ambulance companies to indigents.through the 9-1-1 System and certain Public Safety Agency calls.. The-payments will not CITY I&ANAGEK'~ cover hospital transfers· Transferring hospitals should consider coordinating with an ambulance company to arrange for hospital transfer. By Ordinance/Regulation, the ambulance providers are. required to respond to Public Safety Agency and 9-1,1 calls. Public Safety Agencies (other than the County of Kern agencies), 'who call for private ambulance companies (stand-by, etc.) which result in no patien~ transport, can expect to be billed' by the ambulance company. Since private ambulance companies are not. required to respond to hospital requests for transfers, hospitals can exPect to be billed or guarantee payment for patients that have no means of payment for medical transportation. (Previous agreement paid the ambulance providers for "County-responsible patient" transfers at Medi-Cal rates)'. This will no longer be the case. KMC will pay the ambulance providers only for those transfers that KMC directly requests. City police departments, who call fOr private ambulance.companies to transport an arrested individual prior to County booking, or a 5150, wil~ be responsible for.the transport. These changes have happened over the past several weeks, and I apologize that this information has not been formally provided to you before now. There are still some.unresolved issues, however, this memo covers the most important issues as they are now known. I will~ keep you informed as further information becomes available. Ifyou have any questions or if I can assist you in any way, please ~call. FAD:kb/AMBsVC8.93 cc: County Administrative OffiCe County Counsel Kern Medical Center Kern CountY Health Department REPLY TO ~'~ ~-'" ' "'~ ...... '< STANDING COMMITTEES: SACRAMENTO ADDRESS [] EDUCATION ROOM 2080. STATE CAPITOL ~ i ELECTIONS AND REAPPORTIONMENT SACRAMENTO, CA888,4 brnatr g ...... E .... 0 ........ ON TELEPHONE (916) 445-3456 o~ JUDICIARY NATURAl RESOURCES AND WILDLIFE FAX (9J61444-058J ~ TOXICS AND PUBLIC SAFETY MANAGEMENT TRANSPORTA~ON DISTRICT ADDRESS [] ~ - :- ,OTSOUTH.ROADW^Y Eatifornia tLrttislaturr SUITE 2105~ ' ' ' ' ' BILINGUAL E~IUCATION LOS ANGELESi CA 800~2 SU~;INESS IgEVELOPl~lENT TELEPHONE (213) $20'2529 . CALIFORNIA'S BUSINESS CLIMATE PACIFIC rIM. CHAIR FAX (213) 617-0077 . - L,ND^ MAC,AS '- Art TORRES EXECUTIVE ASSISTANT MINORITIES AND WOMEN AND tHE ~990 REAPPORTIONMENT, CHAIr SENATOR ..... NONADMITtED iNSURANCE O TWENtY'FOURTH DISTRICT SPEOAL COMMITTEE ON GLOBAL :.?~ COMPETITION AND INTErNATiONAL TRADE COMMISSION ON HEALTH CARE POLICY CHAIRMAN ANo FINANCING iNSURaNCE. CLAIMS AND corPORATIONS CALIFORNIA EMERGENCY COUNCIL August 12, 1993 Mr. Alan Tandy, City Manager City of Bakersfield 1501 Truxtun Avenue Bakersfield, CA 93301 Dear Mr. Tandy: Thank you for your letter regarding SB 1209 by Senator Bergeson. I agree that sound policy on contracting decisions should be developed to balance the needs of labor unions and private engineering firms. I also believe efforts must be made to improve the economic climate to all businesses in California, including minority and women-owned businesses. For these reasons, I voted in support of SB 1209 in the Senate Transportation Committee and on the Senate Floor. I remain committed to ensuring that transportation projects are carried out by the Department of Transportation in an efficient manner.~- Again, thank you for your interest in this matter. ART TORRES Senator C~T~ 16 AUG 95 4._.~: 44 Printed on Recycled Paper STATECAP,TOL ( alifornia tate enate coMM,= ES.. SACRAMENTO, CALIFORNIA 958}4 CONSTITUTIONAL AMENDMENTS GOVERNMENTal ORGaNIZATiON (916) 445-9600 _  (VICE CHAIRMAN) REVENUE & TAXATION 2503 WEST SHAW avenue, # ~01 JOINT COMMITTEES: FRESNO, CALIFORNIA 9371 I ARTS (209) 445-5567 LEGISLATIVE AUDIT (VICE CHAIRMAN) · SELECT COMMITTEES: BUSINESS DEVELOPMENT CALIFORNIA'S BUSINESS CLIMATE CALIfOrNIAS' WINE INDUStrY KENNETH L. MADDY INFANT AND CHILD CARE AND DEVELOPMENT PACIFIC RIM SENATOR, FOURTEENTH DISTRICT REPUBLICAN FLOOR LEADER August 5, 1993 Alan Tandy, City Manager City of Bakersfield 1501 Truxtun Avenue Bakersfield, California 93301 Dear Mr. Tandy: Thank you for your recent letter urging my support for SB 1209 (Bergeson) relating to Department of Transportation: contracts for service. You will be pleased to know that this measure passed the full Senate on July 15th by a vote of 27-3 and is currently~in the Assembly Transportation Committee. I appreciate having the benefit of your position and again, thank you for taking the time to write and express your views. State Senat~o~ jgh AUG 93 ~ 57 SACRAMENTO, CA ~249-~1 A~[CUET~E (916~ ~5-~ /~ ~ RULES DISTRICT OFFICES: ~ ~ '~;;~,~.. WATER, PARKS, AND WILDLIFE 18~ ~TH STRE~ '~?~ ~ H~LTH SUITE 101 .... / ~ ~ BAKERSFIELD,(~5) 324-~ CA 9~1 ·.~ / ~t ~ ~ PORTERVILLE, CA 9~57 (~) 783-8152 August 9, 1993 Mr. Alan Tandy, City Manager City of Bakersfield 1501 Truxtun Avenue Bakersfield, CA 93301 Dear Mr. Tandy: Earlier this sessio[n?,, you wrote to express your opposition to AB 1484 (Speier) and SB ll~i~?.(Watson), relating to contracts for the provision of emergency medical services. I would like to let you know why I voted in favor of AB 1484 as well as update you on the status of these measures. AB 1484 was brought up for a vote twice in the Assembly Health Committee. The bill failed both times and is now dead. SB 1154 passed the Senate Health and Human Services Committee and has moved to the Senate Appropriations Committee. However, it is my understanding that. SB 1154 is a ."two,year bill,", meaning that the bill will not be heard until next year's session. I am concerned that without the provisions of AB 1484 and SB 1154, an inadequate level of service in some areas could result. Absent a county-level authority to govern the provision of emergency services, a two-tier or fragmented system of care may be created under which some residents would receive a higher level of service than others, such as those in rural areas. I assure you that this issue will be 'extensively debated before the Assembly Health Committee is asked to _vote on the measure. I will carefully consider the testimony presented to the committee and keep your comments in mind. Thank you for taking the time to let me know of your concerns regarding these measures. I hope this information has been helpful. Sincerely, , · TRICE HARV~Y----r-~ Assemblyman, Thirty-second District TH:mba ' -; . ........ - .... ~i ~'..' ..~". CITY' a,ia^~ai{-~. .. · AUG 9~ ~ >0 Printed on Recycled Paper SACRAMENTO, CA 94249-0001 AGRICULTURE (916) 445-8498 v~ RULES DISTRICT OFFICES: /, , ~ WATER, PARKS, AND WILDLIFE ...... ~/ HEALTH [] 1800 30TH STREET '~'~" ~,--~ ,v ~,,,, ~ SUITE 101 ~ ' ~ ......... BAKERSFIELD, CA 93301 '~"~ (805) 324-3300 ,,,~ [] 82! WEST MORTON AVENUE, ~C '"~'~-, PORTERVlLLE, CA 93257 (209) 783-8152 August 10, 1993 Mr. Alan Tand~ City Manager City of Bakersfield 1501 Truxtun Avenue Bakersfield, CA 93301 Dear Mr. Tandy: Thank you for your letter in opposition to Assembly Bill 996 (Tucker), which would set statewide smoking standards, but preempt local governments from establishing stricter ordinances. I, too, am opposed to the restriction of local control and, therefore, voted "No" when this measure came before me on the Assembly Floor. However, AB 996 did pass the Assembly by a vote of 42-34, and is now pending in the Senate Health and Human Services Committee. I appreciate knowing your views on this measure and look forward to hearing from you in the future on behalf of the City of Bakersfield. Sincerely, Assemblyman, Thirty-second District TH:bb Printed on Recycled Paper AUG 13 1993 GOV'EI~.N()t~' S ()I~'F'I CE .ECONOMIC & COMlv]UNffY DEVELOPMENT August 9, 1993 Dear TeamCalifornia Partner: As a TeamCalifornia member, I know you continue to.be concerned about the-business climate in California. I am pleased to report that the government side of our public-private sector partnership is'working hard to make your job easier in marketing California. ~-The SubstantiVe- ~0rm'6f' ~ork~rs''~ 6°mpensati~n--that follOwed - on the heels of a timely budget process bodes well for our state's image. I would like to provide you with some specific facts about the reforms we have achieved that you may use in your marketing efforts, as well as the initiatives we are taking to streamline the permit process. The historic workers' compensation reform that I've signed is expected to reduce workers' compensation costs by at least $1.5 billion, or nearly 14 percent of the current $11 billion system. Half of the savings will go to reduce premiums for employers, and half will be used to increase benefits for injured workers' over the next three and a half years. As you may recall, in April, I also signed SB 31 into law. This legislation will. greatly reduce the medical-legal costs associated with workers' compensation and save employers $300 to $400 million a year.. The final piece of reform legislation that I signed July 28, repeals the state's minimum rate law and opens the workers' compensation insurance market to rate competition and lower prices for businesses.both large and small. . _ ~n respons.~ t~_what business_haslcalled._the second_most important issue in need of reform, I recently announced our five specific initiatives to streamline the state's regulatory and permitting procedures, some of which have already been implemented since last year. These new initiatives aren't a complete fix for the state's regulatory quagmire, but they are essential first steps '~ to regain control of a process that has become a business nightmare. First, we're bringing agencies from different levels of government under one roof -- creating one-stop permit shops where businesses or developers can get every state and local permit they need. Second, we're continuing our top-to-bottom review of every regulatory board and department at the California' Environmental Protection Agency. Third, we're creating several industry specific Page Two ways to improve the overall permitting process. Fourth, we've established a tracking system and' time limits for every environmental permit issued by the State. If the state exceeds a time limit,.we will guarantee you an immediate decision on your permit and a total refund of any. permitting fee. Finally, we will be supplying customer service surveys, with every permit application to gather Comments .from the general public. We have already reformed the process for handling hazardous waste permitting, and local air districts are launching their own permit streamlining efforts. The.South Coast Air Quality Management District-~as-begun one of the most significant market- incentive based Pilot programs yet launched. Our goal is to make environmental regulations descriptive, not prescriptive; results- based, not rules-based. So far this year we have been able bo institute some unique programs that benefit business and make Your job easier in economic development. They include the newly implemented state insurance pool (Health Insurance Plan of California) structured to reduce insurance costs for small businesses and their employees, and a package of housing reforms making it easier for Californians. to buy their first homes. Legislative initiatives are moving forward for a research and development taX credit, a small business investment tax credit, reinstitution of the net operating loss carryforward,~ and expansion of the small business loan guarantee program. I believe that all of these measures signal a positive turnaround for the economic future of California. These reforms are essential in laying the economic foundation of California for the 21st century. The Administration will continue to wage war against fraud' in the system, and we will continue to work for additional improvements in both our permitting and workers' compensation systems to make California more competitive. It is import-ant-that-the-private-sector also continue its c-rusade to make it easier for businesses to locate and expand in the Golden State. If we are to bring about the "California Comeback," we need to remain true to our TeamCalifornia.slogan, "In Business Together." Sincerely, PETE WILSON BAKERSFIELD August 13, 1993 Mike Rheinheimer, Branch Manager Hillman Fastener 2401 E..Brundage Lane Bakersfield, CA 93307 Dear Mr. ~r, :~ [ ~ It was a pleasure talking with you yesterday. I am very glad to hear that Hillman Fasteners is doing so Well. Your proposed expansion should confmu the wisdom of the original decision to locate in Bakersfield. As indica.ted to you in our phone conversation, I would like to extend the City of Bakersfield's offer of assistance to you in your efforts. I want to assure you of the value we place on retaining Hillman Fasteners as a member of our community and we will gladly lend you our help as you look to expand your business. Please call on me if I can be of assistance. Sincerely, John F. r~ Economic Development Director cc: Alan Tandy, City Manager Greg Whitney, President, Kern Economic Development Corporation dlt:jw2 hillman.l~ CITY ~ANAGER-~ ~5 AUG 95 4.~' 34 ' City of Bakersfield · Economic and Community Development Department 515qTruxtun Avenue · Ba~<ersfield · California 93301 (805) 326-3765 · Fax (805) 328-1548 · TDD (805) 324-3631 Cox Cable Bakersfield A Subsidiary of 820 22nd Street COX Communications, inc. Bakersfield, CA 93301 Cox Cable Bakersfield August 10, 1993 Alan Tandy City Manager 1501 Truxtun Ave. Bake~rsf!eJd, CA 93301 Dear Alan: As you know, recent changes in the laws governing cable television gave broadcasters the right to prohibit cable companies from carrying their signals unless they get paid. As a result, some of the local and Los Angeles stations may prevent us from carrying their signals We don't think it's foir for local television stations to treat cable customers differently from their neighbors who don't have cable. We ale doing everything we can to ensure this doesn't happen. We have good reason to think that it won't. The following stations have already given Cox permission to continue carrying their signals: KUZZ-TV 45, KFTV (Univision), K-CAL, KTTV, KMPH, K'i'LA. We are still. negotiating with KERO, KBAK, KGET, KABC, KNBC and KCOP. We would like to continue bringing our customers these same channels we have been bringing them for years. The decision is the broadcast station's. I Will keep you posted as more develops.,. As always, please feel free t© call me if you need additional information. Sincerely, 0: 'Jill campbell " " " ... '. Vice President/ "General Manager jC/Cs CITY' ~A~AGg~-~ '.. 12 AUG 9S ' ~, ~ 57 CALIFORNIA Bi Uii L, L, E.!, T" Ii Ni CITIES August 1993 Issue 1 Cities with both a 100 Percent Smoke-Free  Workplace AND Restaurant Ordinance (Includes cities with phase-in provisions) City ........................ County .................. Population Albany ....................... Alameda ' .16,700 Anderson ..................... Shasta ................... 8,600 Auburn ...................... Placer .................... 11,150 Belvedere .................... Marin ..................... 2,370 Sponsored by Berkeley ..................... Alameda .................. 104,200 Burlingame ................... San Mateo ................. 27,300 California Healthy Ce/es ...... ~ ................. Stanislaus..-..~.~ ............ 28,407 Chico ....................... Butte ..................... 43,700 Cities Project Chino Hills ................... San Bernardino ............ 44,000 (916) 327-7017 Concord ..................... Contra Costa ............... 113,000 Davis ........................ Yolo ..................... 49,600 in partnership with the El Cerrito ..................... Contra Costa ............... 23,050 League of Fremont ...................... Alameda .................. 177,500 Hercules ..................... Contra Costa ............... 18,100 California Cities Larkspur ..................... Marin ..................... 11,750 (916) 444-5790 Lathrop ...................... San Joaquin ............... 7,050 Long Beach ................... Los Angeles ............... 442,100 and Los Gatos .................... Santa Clara ................ 27,700 Martinez ...................... Contra Costa .............. 32,400 Americans for Mill Valley .................... Matin ..................... 13,200 Nonsmokers' Rights Millbrae ...................... San Mateo ................. 20,800 (510) 841-3032 Modesto ...................... Stanislaus ................. 174,200 Moorpark .................... Ventura ................... 26,150 Novato ....................... Marin ..................... 48,650 Oakland ...................... Alameda .................. 377,900 .Managed by the - Orinda ........................... Contra Costa ................ 16,850.. _ Western Consortium Paradise ..................... Butte ..................... 26,000 for Public Health Patterson ..................... Stanislaus ................. 9,250 Placerville .................... El Dorado ................. 8,700 Pleasant Hill .................. Contra Costa ............. '.. 31,700 Redding ...................... Shasta .................... 72,800 Developed with the Roseville ..................... Placer .................... .50,300 support of the California Sacramento ................... Sacramento ........... ' .... 385,100 San Carlos .................... San Marco ................. 26,700 Department of Health San Marco .................... San blateo ................. 8?,900 Services, Tobacco Solana Beach ................. San Diego ................ ~3,200 Control Section using ¥ib~ron ...................... bladn ..................... 7,800 funds generated by Yurlock ...................... Stanislaua ................. 45,450 C ~.,[,¥ ~a~P,"~ Visalia ....................... Tulare .................... 81,700 r~oposluon 99 Walnut Creek .................. Contra Costa .............. 62,000 Whittier ...................... Los Angeles ............... 79,300 15 k~ 95 ~ ~1 Total .................................................. 2,854,327 Cities with 100 Percent Smoke-Free Cities with 100 Percent Smoke-Free Workplace Ordinance Only Restaurant Ordinance Only City ............ County ......... Population City ............ County ........ Population Clayton ......... Contra Costa .... 8,025 Dana Point ...... Orange ........ 33,150 Colfax .......... Placer .......... 1,390 Del Mar ......... San Diego ...... 4,980 Lafayette ........ Contra Costa .... 23,550 Grass Valley ..... Nevada ........ 9,325 Pasadena ....... Los Angeles ..... 133,500 Laguna Beach .... Orange ......... 23,950 Pinole .......... Contra Costa .... 18,100 Lodi ............ San Joaquin ..... 53,200 Sonoma ......... Sonoma ........ 8,400 Loma Linda ...... San Bernardino.. 19,950 South Lake Tahoe. El Dorado ....... 22,650 Los Angeles ...... Los Angeles ..... 3,579,572 Total .......................... 215,615 Menlo Park ....... San Mateo ...... 28,850 Palo Alto ........ Santa Clara ..... 56,300 Rohnert Park ..... Sonoma ........ 38,200 - --~-~---- ~ . Ress-. ......... ?.Matin:..--~. ..... -2,-1-70-.- San Luis Obispo.. San Luis Obispo. 42,500 Willows .......... Glenn .......... 6,175 Total .......................... 3,898,322 CALIFORNIA SMOKE-FREE CITIES Fact Sheet · 41 cities have ordinances that require both 100% smoke-free workplaces and 100% smoke-free restaurants. · 48 cities have an ordinance which specifies that workplaces, be smoke-free. · 54 cities have an ordinance which specifies that restaurants be 100% smoke-free. · 284 cities currently have ordinances that restrict smoking pollution and/or restrict access to vending machines. -·--8-¢ou r~ti-e-s--ca r rent iy-req u i re-l-00% -s-m oke~:free-workpla~-e~a~-d-r(~st a~r~n-t-s~ ·1,287,900 Californians live in unincorporated areas that require 100% smoke-free restaurants and workplaces. ·2,854,327 Californians live in cities that require 100% smoke-free restaurants and workplaces.' ·4,142,227 Californians (13%) live in areas requiring 100% smoke-free restaurants and workplaces. · The number of Californians whose local governments have some form of a 100% smoke- free ordinance (including restaurants and/or workplaces) now totals 8,256,164 or 27% of the state's population! mike\updale~update 8/93 KGET KERN GOLDEN EMPIRE TELEVISION August 17, 1993 Ms. Trudy Slater Administrative Analyst City Managers Office 1501 Truxtun Avenue· Bakersfield, CA 93301 Dear Trudy, Enclosed yoUwill find two interesting articles covering the cable retransmission - consent issue. I feel certain that these articles express some of the boardcasters concerns. Thank you again for all your help in bringing this issue to the public. Sincer..e~Y,~ ~ Tom RanO%~dr Sales M~anager · TR:ln Enclosures ~ P.O. Box 1700 · 2831 E. ye~Street · Bakersfield, CA 9-3302-1.700 ' (805) 327-7511 FCC hits Infinity PubliShed ,~ 1.1., I Crain Communications How~ S~'s mo~g~ve show, w~ch the ag~ says con~in~ ~d~, on fo~ of i~ ra~o s~o~. La~ l~t Ye~ ~ AUGUST 16, 1993 ~ (Continued ~ Page 2) for MS, Os and DOUG HALONEN F.L~C~ONXC Mm~ staff The nation's larges~t cable operators last week den- ied a' senator's allegations that they may have vio- lated antitrust regulatiorLs by adhering to the same hard line against paying cash for retransmission con- sent. But antitrust lawyers Said the outcome of any in- vestigation would most likely depend on how the op- erators shared information in reaching identical de- cisions not to pay broadcasters/or their signals. Sen. Daniel Inouye, D-Hawaii, chairman of the Senate Communications Subcommittee last week asked the Department of Justice and Federal Trade Commission to launch an antitrust investigation of 12 of the nation's top 20 multiple system operators. At the same time, he warned thathe is considering hearings to explore the antitrust allegations "at the Gustave Hauser, a pioneer behind QUBE, says it was "the con- earliest opportunity." ceptual precursor of just about everything cable is doing today." The senator's essential concern, outlined in an Aug. 6 letter to the 12 MSOs, is that the cable TV operators The lessons'payments'allappear~°be~aking~hesamestanceagains~cash "You are obviously free to choose not to negotiate with broadcasters," Sen. Inouye said in his letter. of QUBE "However, I trust I need not rernind you that it is one thing if your parallel strategies are a coincidence, and something quite different ff the similarities result from factors other than chance,"' he added. Pioneers say it led the way W~e Sen. Inouye's letter cites no specific allega- tions of antitrust violations, attorneys familiar with antitrust law say the letter implies that the operators By WAYNE WALLEY (Continued on Page 2) New york bureau chief Fifteen years ago, the interactive QUBE cable systems built by Warner Amex Cable Communications ~1~ New first.mn shows readied were hailed as the future of television. ~/~ Viacom launches an access strip, and QUBE Linked cable systems and viewers in real-time MCA unveils the weekly "Generation X." hookups, offering the first interactive home .Shopping, game shows, pay-per-view movies and other program- , ; ......,4 +~o..F+o..;v .,oo- ,~. ,..h..~n~ .~.~ ~1 BroadCasting a la carte? name~ to ~-~: rat'umuuu~ pua~, · -worked, under him Senior MCA executives said they "li~h"~ l~;];l~e cable ~. ~e h~ head~ up P~o~t were c~ to s~ ~. H~ leave, ~ that there is value for ~e s~c~' o~;~ NetWork T~e~ion s~ce 1986 ~d but U~v~ mov~ q~c~y to ~' ' " ov~-the-~ si~ pro~d~. . ~ / recently sold s~ new se~es to the the void, promo~g Vice ~sid~t of WO~ had no co~t.. .-' ' networks. He did not return eal~ C~t ~o~g Peter J~ows~ ~e de~ ~ v~d ~om Oct. 6, 1992, ~g eo~t; to senior vice president of e~ent al, 199~.~ . · P~o~t offiei~ we~ not eom- pro~g.~ · MSOs deny antitrust violations (Confined porn Pa~e 1) p~c~g aurora," he said. ~e, we'~ he~ the ~me temoio~,'.' may have m afo~ of the Shem~ ~- "You'd have to lo0k at ~e ~to~ of s~d ~. tit~ AeL ~ek p~ce ~o~cem~ ~d the brai- "~or example, we hear that retrans- ~e Shem~ Act, enforced by ~e Jm- ness justification for ~o~c~g p~mg ~sion coment ~ta~o~ are considered ~iee Depa~ment, bars companies from ~ advice," ~. Cmpbe~ add~. 'id~lo~es.'. coburg to se~ p~ces or othemse ~- Broadcasters, meanwhile, last week However, said antitrust attorney Mr. p~e competi~on, said they were suspicious that cable Campbell, "The mere fact ~hat they've' ~e attorneys say ~} even jmt ~o of companies had colluded on reaching come up the ~SOs got together and agreed to a~eements not to pay them, ~d that i~eR eomtitute ~ a~ment.' adopt a ~, no-c~h blockade to sty- some operators may have shared ~or- ~ a ~olation of the ac~ is fo~d, opera- ~e broadcaste~, it could be ~te~reted matio~ among themelves about ~d- tots could face e~minal penalties, in- as a comp~acy to ~olate the act. u~ negotiations ~th broadcasters, clung ~phsohm~t. ~ble operato~ last w~k ~goromly "I sense they ~ow where I'm go~g," ~y la~aker or p~vate ei~en can de. ed ~y attemp~ of co~us~on, s~d Ga~ Chapm~, president of L~ ~ request ~ ~titmst ~vestigation by Jus- ~ a reply letter to Sen. ~ouye, ~os Group ~d ~ate past cha~ of rice or the ~C, bo~ of which have per- Hos~etter, cha~ ~d c~ef ex~utive the National Association of Broadcas- m~ent enforcement perso~el to con- officer of Cont~tal table.sion, s~d, sider ~egations on ~e issue~ .. tha~ ~e request eom~ ~om S~. ~ouye terra.sion eons~t pa~en~ was ar- ~ffio011udinfl 0n a '. ~ve~ it ad~tion~ weighL ~ved a~ ~dependently ~d ~thout con- s~tation ~th ~y other cable tele~sion fixing scheme will f0 e ' cha~That's theof theCaSes~atePartlYco~mcationsbecause he's Other operators had si~laly strong . ::.-. ~e subco~tt~ has au~ofity over statement. '" ~ K~0F. le~slation affect~g cable But even if their positions were ~95~ B~d~ng" d~t~ s~to~, so S~. houye's op~on ~ach~ ~dep~d~y, cable operato~ · on a communications industry issue may have be~ ~ ~olation of ~t~t ' me~ pa~icM~ attention. law ff ~ey sh~ed ~o~ation ~ ways' te~. ~ ad~tion, he's a s~or member that ca~ ~em to rea~ id~tic~ posi- "I'U have cable operators say, 'How the S~te appropriations subco~ttee tio~, ~tit~t la~e~ s~d. ~d yo~ meet~g ~th so-~d-so go? that ~ J~ce ~d ~e ~C, so those "Assume the cable companies ex- 3im Keelor, president of Cosmos ag~cies ~e e~ted to be pmic~ly .chage ~oma~ou but don't reach ay Broadcast~g Co~., said, "It's certain sensi~ve to Ms concerns. a~~. H ~e ~oma~on ~at's ~- that cable comp~ have cke~at~ o~ ~ aide said the la~ak~'s concerns ~g~ lea~ them to engage ~ a p~- offer to o~er ~te~. had b~ ~u~d by news acco~ and 1~ m~er, ~e~ ~e potentiM ~olations "One operator c~ recite to ~ what compl~ ~om "several" bmadcaste~. of ~ti~t law," said Jeff ~es, ~ ~- we've proposed, then say' (of another "He felt it was se~o~ enough to ra~e tit~t at~ey ~ Ober, K~, O~es cable operator), 'Well, he's not gong to ~ ~ ~ue," the aide s~d. & S~v~ ~ W~on. pay ~at, ~d neither ~ I,' "~. K~lor ~des to Sen. Inouye identified the He s~d m~tMgs at wM~ cable opera- said. cable complies ~at receiv~ copies to~ exch~g~ ~o~a~on about their "My persona belief is ~ey are co~ud- the senator's letter as ~e ioHowMg: positions, press releases that signaled lng on a pfice-f~ng scheme that w~ Tele-Communications Inc., Comcast thek strate~es, ~d other si~a~o~ ~ force broadcaste~ off ~e a~," he added. Cable, T~e W~er Cable, Cont~ental which ~o~ation was sh~ eo~d lead Cable operato~ denied sha~g.~or- Cablevision, Jones Intercable~ Colony ~ves~gato~ to conclude that ~e was marion reg~d~g negotiations. Co~mcations, MMti~sion Cable ~ a~ment to set prices. "We treat the negotiatio~ as st~c~y Cabl~om, Telecable, Cro~ M~a, Ne- ''The me~ exch~ge of ~o~ation is confidential," said Jim O'Brien, presi- whou~ Broadeas~g ~d Viacom. not necessarily an agreement," said dent ~d COO of Jones Mtercable, which ~o~ Malone, president and CEO ~omfis C~pbeH, ~ ~tit~t attorney r~eiv~ a letter ~om Sen. ~ouye. TCI, w~ the f~t major ex~utive to say ~th C~cago-based O~, Croon & Some broadcasters said they were he wo~d not pay broadcaste~ cash. Dougl~. · troubled that cable operato~ used s~- He Was followed by executives from · "You'd have to ~vestigate the pattern 1~ la,age d~g negotiation. Jones, Continental, Newhouse and of co~catio~ be~ p~ple ~th "~at we ~d s~fis~g is ~at often- o~m.~ TOP OF THE WEEK I Capcities, Hearst latest retrans deals By Joe Flint , . NBC sources say that their 'talks with operators are Capital CIties/ABC and Hearst Carp. signed three more settling into a "fair degree of comfOrt.'' NBC, like Fox re~ransmission-consent contracts with cable operators to and ABC, is pitching a new cable channel for operators to carry their TV stations for free. In return, the operators carry along with its owned stations. have agreed to a ~'substantial" fallout of ABC- and Hearst- The channel, tentatively called America's Talking, owned ESPN2 on their systems nationwide, would be a news/talk service focusing on one or two major The retransmission-consent deals--with Jones lntercable events (BROADCASTING & CABLE, July 12). (I.3 million subscribers), Sammons Communications (I.I CBS also is said to be nearing agreements with smaller million) and Multivision Cable (212,000) are similar to the operators that would include cash payments, but it is still deal the two broadcasters/cable programers struck with facing a brick wall from the top system operators, leaving Continental Cablevision. some speculating whether there are grounds for an antitrust That deal is a six-year carriage agreement for the stations ' case against the unified' front of top cable operators. and a longer agreement for ESPN2. Depending on Subscrib- er incentives, the price for ESPN2 will start at around 15 Smaller cable operators continue 'to strike cash-only cents per sub and, as coverage grows, could reach 25 cents deals with local broadcasters, but the terms of those should national penetration for the new channel reach 75°/'0. deals are being kept quiet by both sides. The reason for thc embargo on terms, one industry leader n cKe ~ay~, is that the smaller cable operators fear retribution for eping ap with paying a retransmission-conscnt fcc from bigger operators that have taken a hard line and who also own much of the ~~~;~J~;~i~i~' ~;~/~ cable industry's programing. . ......... 'A new twist was thrown into terraria negotiations in tanburg market and is in thc process of renewing its ~a,~}~ '1 -- franchise agreement. Wellford, S.C., where the Greenville stations and TeleCable provide services, is delaying the process because Mayor Hubert Odum wants guarantees that the local stations will remain on the system. TeleCable says Of the three systems, Jones is the key for the two group that this is a violation of its First Amendment rights. owners. Almost half of Jones's subscriber base is in mar- In Greenville, the franchise agreement apparently in- kers where Hearst and Capcities own stations: eludes the broadcast channels in its definition of basic But Jones and other operators also will carry the channel service. Should TeleCable be unable to reach retransmis- 'where Hearst and Capcities do not own stations, which has s/on-consent agreements w/th the stations, it could be in upset ABC affiliates in the past because they will still have violation of the franchise agreement, which does not come to negotiate with operators on their own. The deal also put up for renewal for another 14 years. further pressure on NBC and CBS to sign retransmission- consent deals. On the public relations battle lines, Encore Media Corp. is Fox has signed six systems for its new basic cable chan- offering cable operators a "no-nonsense" ad campaign ncl, reaching 15 million homes. Unlike thc ESPN2 deals, as defense against local broadcast campaigns. Fox is negotiating for both its affiliates and its owned 'Thc spots ask viewers how they would feel if they had to stations. "pay for the air [they] breathe." The ad states lhat broad- casters are forcing the cable company to get money from Diversified Communications (5 TV's) and Bumlmm subscribers to "pay for TV. [subscribersl have received all liroadcasfing (7 TV's) say they .have signed cash-only Itheir] life." The cable ad ends with "say no to broadcast- retransmission-consent deals, ers' greed. Keep the airwaves free." John Sic, Encore Neither will reveal the markets in which they reached 'chairman/CEO says the battle of retransmission consent agreements, but all agreements have been with smaller ~ will be "won or lost on one thing: consumer sentiment." operators and were negotiated locally. Burnham managing panner Peter Desnoes downplays the And consumer sentiment was high on the(:ity o! New significance of the deals. "We've done four or five deals York's agenda last week. its Department of Telecom- with small operators. These are little cash deals. Our prO- ~nunications and Energy (DTE) issued a consumer alert jection Ilar Burnham Broadcastingl is $3 milllion in total answer questions from cable subscribers on the effects of · revenues, and this will represent $6,800. That does not must carry and retransmission consent. mean anything," he says. "Cable subscribers are finding themselves in the middle Desnoes speculates that there are all kinds of cash deals of a dispute between commercial broadcasters and cable going on "when the local operator is allowed to deal with 'companies .... Local governments throughout the country the local managers." will be monitoring the situation closely to be sure that CBS Senior Vice President Jay Kriegel says that smaller consumers don't bear the cost of this new relationship," deals "show that retransmission consent can work." says DTE Commissioner Bill Squadron. · Aug 9 1993 Broadcasting & CaMe