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HomeMy WebLinkAbout09/24/93 BAKERSFIELD MEMORANDUM ~'/ September 24, 1993 TO: HONORABLE MAYOR AND CITY COUNCI FROM: ALAN TANDY, CITY MANAGER l/ SUBJECT: GENERAL INFORMATION 1. The County has asked staff members to attend eting Monday, October 4th, on the subject of creating a Metro-Wide County Service Area for parks and recreation purposes. This overlays, greatly, with the Council's inquiry on the Metro Parks Plan. We will report back to you as soon as we know some details. We believe they are trying to pick up the same concept using the CSA statutory option. 2. The next Intergovernmental Relations Committee meeting has, apparently, been delayed by the County until the end of October. 3. You will find enclosed copies of some peculiar communications from the County on the Rosedale and Union Annexations. You'will remember that we put those on hold, due to the conflicts over the Fire Fund and tax split issues, but they continue to process the tax splits anyway. The letter enclosed from Judy Skousen explains why we find their communications to be rather peculiar. 4. You will find enclosed a summary of a retention meeting our Economic Development Department had with Freymiller Trucking. They are outside the City limits, but contiguous to us. Nonetheless, the retention efforts seemed desirable. 5. I will be taking next Thursday and Friday (September 30th and October 1st) off. John Stinson will be in charge during my absence. 6. The new Engineer IV in the Public Works Department is Jack LaRochelle - an internal promotion. 7. Enclosed you will find copies of questions and answers about the Hotel. Members of the CDDA have asked for these materials. We are also providing them to you as background. 8. A memo from the Fire Department is enclosed indicating that they have received enough funding to proceed with the Defibrillation Program on a City-wide basis. 9. You will find enclosed the letter I sent Joe Drew the morning after the Council Meeting relative to the Fire Fund issue. Public relations materials released in accordance with Council direction on this issue are also enclosed for your information. HONORABLE MAYOR AND CITY COUNCIL September 24, 1993 Page -2- 10. You will find enclosed copies of Economic and Community Development's responses to the letter we received from the A. Philip Randolph group on the use of CDBG funds for economic development functions. 11. With respect to the Convention Center Hotel, the negotiations on the DDA are going well and we are making good progress. With respect to a press release, the Hammons people got tied up with airplane troubles on a New York trip and did not get materials to us. I will let you know early next week what is going on. 12. The three finalists for the Water and Sanitation Manager position are all from California. Two are internal. 13. We may have "beaten down" one County effort to get our money - a letter from Fred Drew is enclosed seeming to withdraw on the ambulance billing effort. 14. Enclosed is a copy of a letter to the Board of Supervisors from the County Waste Management Department regarding the formation of CSA 82 (Old Stockdale). This matter will be heard before the Board of Supervisors at their meeting of September 28th, at 2:00 p.m. AT.alb Enclosures cc: Department Heads City Clerk JAM~$ '~. RHC~ADES Admial.~ Auditor-Controller ~ 118 T~ A~ B~ ~ ~1~ (~) N1~1 D~ ~ EDW~D · ~OHNiTON 8EP 1 7 1993 ~e~n Count~ ~n~st~ative Sake:s eld, 9330[ RLANNING Gen:lemen: In acco:dance ~h Section 99 o~ the Revenue and ~axa[~on Code, you: Agency ~s subject [o a se:v~ce a:ea o: se~ce :espons~b~l~[y change due :o an annexa:~on ~:oposal ~led ~:h :he ~ocal Agen~ go~a:~on Co-mission by :he C~[y o~ Bakersfield and assigned ~:oceed~ng No. [[40 [o C~y o~ Sake:s~eld ~exa~on ~ 377. ~e es~t~a:ed amount o~ ~:ope::y ~ax :evenue gene:a:ed du:~ng ~e cu::en: ~scal yea~ ~h~ch ~s a[::~bu:able :o yo~ agency a:~ached. A 30 day ne~o:~a:~on pe:~od s:a::s Septe~et 14, [993, and a11 :ax :evenue exchanges ~us: be adopted by Agency Resolu:~on by Oc:obe~ [3, [993. [~ :he nego:~a:~ons a:e no: co~ple:ed ~:h~n ~e 30 day pe~od, :he annexation p:oceed~ngs a:e ~e~na~ed and be :e~led ~h ~ECO. [~ you: Agency has any ~ues:ions as :o :he :ax :evenues ~nc:emen~ ~ac:o:, please con:ac: ~y o~ce a: (805) 861-233[ e~ 3516. S ncetly AUD[~OR-CON~RO~ ~n K. Barnett Property Tax Accountant ~/ksb attac~ent cc: City of Bakersfield'~ ~FCO Estimated Amount of Property Tax Generated Attributable to County Funds 057-038 070-003 070-004 070-008 General' 0.00 242,063.04 (661.44) 0.00 .29.4852% 33.3016% 33.2736% 36.3496% Fire 0.00 79,281.04 20.43 0.00 8.6252% 9.7416% 9.7333% 10.6031% 070-009 070-012 070-016 General 12,755.77 0.00 478,402.88 32.3264% 33.3016% 33.3016%' Fire 3,731.46 0.00 141,070.80 9.4563% 9.7416% 9.7416% JAI~S_ ~ <~HOADES Admlni.~r.m. Cem.~ '. ' ~udl~on~oIl~~ 11~S T~ B~ ~ ~1~ F~ (~) ~1~ ~1 L BU~ Kern County A~inistrative Office . 17 ~.~ 1415 Truxtun Ave., 7th Floor o~Y o~ Bakersfield, CA 93301 PLANNING Gentlemen: In accordance with Section 99 of the Revenue and Taxation Code, your Agency is subject to a service area or service responsibility change due to an annexation proposal filed with the Local Agen~ Fo~ation Commission by the City of Bakersfield and assigned Proceeding No. 114~ to City of Bakersfield ~nexation $ 378. ~e estimated amount of property tax revenue generated during the current fiscal year which is attributable to your agency is attached. A 30 day negotiation period starts Septe~er 14, 1993, and all tax revenue exchanges must be adopted bY Agency Resolution by October 13. 1993. If the negotiations are not completed within the 30 day peri~, the annexation proceedings are te~inated and must be refiled with ~FCO. If your Agency has any ~estions as to the tax revenues or increment factor, please contact my office at (805) 861-2331 e~ 3516. Sincerly, J~ES A. ~O~ES AUDITOR-CONTRO~ ~/ksb attac~ent cc: City of Bakersfield .~ ~FCO Estimated Amount of Property Tax Generated Attributable · to County Funds 056-001 056-016 056-018 056-020 General 0.00 0.00 12,483.82 ~ 39,157.49 32.5489% 32.5585% 32.5491% 32.5221% Fire 0.00 0.00 3,694.83 12,194.71 9.5215% 9.5238% 9.5215% 9.5135% 056-038 056-039 056-040 056-044 General 20,179.34 18,73'8.38 10,039.21 23.15 32.5490% 32.5490% 32.5219% 32.5490% Fire 5,903.00 5,481.53 3,785.69 6.77 9.5215% 9.5215% 9.5135% 9.5215% 056-045 056-049. 056-050 056-081 General 13,444.48 83.62 0.00 67,990.05 32.5221% 32.5490% 32.5547% 32.5489% Fire 3,932.72 24.46 0.00 19,907.65 9.5135% 9.5215% 9.5265% 9.52.15% CITY O~ CITY A~ORNEY OFFICE OF THE CITY A~O~EY PH. 805-326-3721 LAWRENCE M. LUNA~INI FAX 805-325~9162 1501 TRUXT~ AVENUE CHIEF ASSISTANT CITY ATTORNEY BAKERSFIELD, CA 93301 DEPUTY CITY A~O~EYS JUDY K. SKOUSEN ALLEN M. S~W WALTER H. PO~, JR. ASS~SXA~'X CiTY ATTOa~VS 3¢pEembe~ 2 2, ~ 9 9 3 ~4ic~ G. ~OaD ROBERT M SHE~Y ALAN D. DANIEL ADMINIST~TOR LOUISE T. CLOSS F~NCES E. THOMPSON JOHN D. CLOSS LAU~ C. MARINO J~es A. Rhoades Auditor-Controller County of Kern 1115 Truxtun Avenue Bakersfield, CA 93301 A~tn: Ann K. Barnett Re: Annexation proposal filed by the City of Bakersfield, City Annexation ~377, LAFCO assigned No. 1140 Annexation proposal filed by the City of Bakersfield, . City Annexation %378, LAFCO assigned No. 1141 Dear Msl Barnett: i have reviewed your letters, dated Septe~er 13, 1993, regarding the' above-described proposed annexations. The Finance Director, Mr. Greg Klimko, has also spoken with you regarding the information provided to the City in those letters. It appears from my review of the letters and your co~ents to Mr. Klimko that the letters fail to meet the requirements of Revenue and Taxation Code ~ 99 sufficiently to co~ence the thirty-day period within which the City and County have to negotiate the tax distribution between such parties. Specifically, I am unable to determine from the letters whether these n~bers represent tax increments or the full ~ount of taxes generated within the territory which is the subject of the jurisdictional change during ~he current fiscal year. it is my understanding that you advised Mr. Klimko that the figures set out in your letters represented tax .increments and not the full ~ount of taxes generated, which explains why a debit n~er is shown for one tax code area. your letter, however, indicates the figures represent the full ~ount of estimated, taxes generated in those I~ANA~~s' My reading of the Code indicates t~a~ your office must 22 SEP 93 ~ 26 James A. Rhoades September 22, 1993 Page Two provide us with an estimate of the amount of property tax revenue generated within the territory which is the subject of the jurisdictional change during the current fiscal year and an estimate of what proportion of the property tax revenue is attributable, to each local agency. Perhaps I am not understanding completely the information provided in your letters; and in that case, I would welcome further explanation. But in the event I am c°rr.ect and your office has not. provided an estimate of the full amount of .taxes generated, please issue new letters containing that information. These new letters would then start the thirty-day negotiation period. Please telephone my office if you have any questions or feel .further discussion would assist in this matter. Very truly yours, .... / ;' ,: .,;.'; JUDY K. SKOUSEN Chief Assistant City Attorney JKS: rb cc: Alan Tandy, City Manager Gregory Klimko, Finance Director · · Joseph Drew, County Administrative Officer LAFCO - Attn: William Turpin, Executive Director skousen[letters\rhoades. 922 MEMORANDUM September 23, 1993 TO: Alan Tandy, City Manager FROM: Jake Wager, Economic Development Director SUBJECT: Freymiller Retention Meeting_ On Wednesday, September 22, 1993 a meeting was held at the KEDC office to discuss the development of a strategy to retain Freymiller Trucking at its current location. In attendance at the meeting were the following individuals representing various organizations: Sharman Cummins - KEDC (host), Vice President Bill Mungary - Kern County Community Development, Director Paul Sipple ~ Kern County Community Development, Economic Development Manager Sarah Parker - California Employment Department, Employer Services Representative Dave Snyder - California Trade & Commerce Agency, Associate Development Specialist Jeff Johnson - Small Business Development Center, Director Karen Jones - Employers Training Resource, Manager, Personnel Consultant Division Jake Wager - ED/CD City of Bakersfield, Economic Development Director David Lyman - ED/CD City of Bakersfield, Principal Planner After a brief overview by Dave Snyder of the Freymiller project, the group quickly focused on what I-would describe as real practical options available to public agencies whose goal is to retain Freymiller Trucking as a Kern County business. The strategy that developed as a result of the spirited participation is a desire to set a meeting with Jerry Stanners, Freymiller's CEO, and other Freymiller staff. In attendance on our behalf would be a representative of each of the agencies represented at yesterday's meeting. A lead spokesperson would present the ideas generated by the working group. The suggestions that the working group will be prepared to discuss are contingent upon Freymiller Trucking's willingness to be very forthcoming in providing detailed company information. This follow-up information, which would need to be quite specific, could then be used in the preparation of a detailed proposal outlining possible savings and an comparative analysis of cost of doing business in California and Oklahoma. If Freymiller Trucking is willing to provide all the necessary information the working group is Prepared to expend considerable effort which would lead to a comprehensive proposal. The proposal would include the following options and analysis: Labor Cost Comparison - Provided with proper information the working group would compare personnel cost by SIC code of those positions which might be transplanted from California. It is our general understanding that even in the event of a relocation certain positions will remain in place in California. Further it is our understanding that most drivers are either owner/operators or independent contractors which may not be affected by a relocation. This analysis would also include the historical labor cost trends in appropriate job classifications. Workers' Compensation Cost Comparison - The working group would provide a cost comparison between California and Oklahoma on the cost of Workers' Compensation both before and after the' reforms enacted in the most recent state legislative session~ Again this analysis would be limited to the positions which are in jeopardy of being lost to Oklahoma. Analysis would also include a cost trend analysis. Self-Insurance Option - Apparently qualified employers may elect to become self-insured in regards to Workers' Compensation (subject to approval by the appropriate state agencies). This can result in substantial savings according to Dave Snyder. One possibility would be to assign a single individual from the State of California to Freymiller Trucking. This individual's sole responsibility would be to assist Freymiller Trucking in securing the necessary state approval and thus generate considerable on-going savings. Job Training Assistance - Subject to Freymiller Trucking's ability to provide historical data indicating employee turnover broken down by job classification, the working group is prepared to analyze potential savings through programs presently available through ETR, EDD, Bakersfield College and the Governor's Employer's Training Panel. The information may also help substantiate the consideration of utilizing CDBG funds in a business retention and job generation effort. State Technology Grant - The working group discussed the advanced technology presently being employed by Freymiller Trucking, particularly the use of a tracking system. The state will review its advanced technology strategy to determine if funds could be made available for the acquisition and application of other advanced technologies for use by Freymiller Trucking. Alternative Fuel Fleet Conversion - The working group viewed this option as a tree win-win for the State of California and Freymiller Trucking. Given that air quality continues to be a major envkonmental concern and that diesel engines (particularly those used in the transportation industry) are coming under increasing scrutiny, the conversion of all or part of this fleet to either natural gas or methanol may be a model program that could be emulated elsewhere. Installation of a natural gas dispensing island at the Freymiller Trucking terminal could be undertaken at P. G. & E.'s cost. Other natural gas dispensing stations could be placed at other Freymiller Trucking locations (we believe they have at least one other California location in the L.A. basin area). The State of California has had funds available in the past to promote the use of alternative fuels; in fact the City of Bakersfield has participated in this program. Air quality districts may also be able to provide funding for this type of program. Other potential allies or funding sources would be other natural gas utilities and the national industry group. Economic Development Revolving Loan - Kern County Community Development Department has indicated in the past that they have a substantial sum available for eligible economic development activity. Would this business retention effort qualify as an eligible project? A question to be posed to Freymiller is do they have any unmet capital improvement or F. F. & E. needs which these funds could be applied to. Creative Real Estate Financing - The working group is prepared to explore the potential of undertaking a sale/lease back issue or employing a certificate of participation whereby any existing debt service could be re-financed through a more favorable financial structure. This option could also possibly include an infusion of capital at favorable terms (such as a longer repayment schedule and lower interest rates) if Freymiller views itself as undercapitalized. State Vehicle Licensing - This may not be an option as much as it is an examination of current practices and its impact of California-based tracking operations. There was some discussion that California-based operations are paying for truck registration which may have a higher cost than the permit fee charged to out-of-state operators. Cost of Living Trends Analysis - It may be reasonably assumed that Oklahoma currently enjoys a lower cost of living (housing, utilities, schools, property tax, etc.). This analysis would attempt to establish the cost trend associated with these various quality of life issues. Are costs escalating at a faster pace than Kern County's? In closing, Freymiller Trucking is available to meet with this working group the week of October 11 to initiate our effort to retain this valued member of our community. This is the earliest time Mr. Stanners has available. If you have any questions please contact me. CONVENTION CENTER HOTEL Questions and Issues 1. Financing, if available at all, is an extremely onerous element in today's bUsiness climate due to the high equity requirements.. Why are we helping the developer obtain 100% financing? What risks are being absorbed by John Q. Hammons? This question begins with the very reason why the City and CDDA have agreed to act as the conduit for the financing necessary to complete the downtown Convention Center Hotel. In today's financial environment, banks have become extremely conservative. This is particularly true when it comes to financin'g any new hotel. It is important to understand, that while the City and CDDA have agreed to help John Q. Hamm°ns obtain the necessary financing, neither the City nor the CDDA will be liable for the debt service. ~The obligation for servicing the debt will rest solely.on John Q. Hammons. As a private company they also are assuming th~'prof'xtability risk of the Hotel project. As is typical in any hotel venture, the Hammons Group is fully aware that the cost of operation Will initially outstrip the revenue produced by the sale of rooms. Mr. Hammons has incorporated this reality into his business decision. 2. Has the City reviewed the financial strength of John Q. Hammons Industries and of John Q. Hammons himself?. The City Of Bakersfield has reviewed the basic credentials of Hammons, but has not initiated an in-depth review. The bond rating agencies will be undertaking a rigorous review of all aspects of John Q. Hammons Industries and of Mr. Hammons personally. The availability of financing will be largely contingent on a meticulous examination by independent financial experts and their assessment of the strength'of Mr. Hammons. 3. If the developer decides to simply walk away from the hotel sometime after it opens, what are the consequences to him? What incentive does he have to stay and do a good job? What recourse would the City have? In the unlikely event that something takes place .which forces Mr. Hammons to "walk away," his obligation to satisfy the debt obligation is not diminished in any fashion or form. The first risk is that the bond trustee acting on behalf of the bondhOlders would be able to foreclose on Mr. Hammons' property. Secondly, Mr. Hammons personal guarantee could be called. In regard to the City's recourse, there are many. First all of the assistance he has been granted and all assistance still due him' will either be required to be returned, repaid or cease to be forwarded. His incentive to stay and do a good job is that this is what he does and has done for over four decades. He is first and foremost a hotel developer/operator. He owns and operates nearly 100 hotels in thirty-eight states. His business knowledge and the vast resources available to him make it unlikely that he would simply "walk away" or that he would choose not to stay and do a good job. 4. If the actual cost to complete the hotel turns out to be less than the actual funds raised through the grant and sales of bonds, what happens to the unspent funds? In the event that the actual cost tums out to be less than the funds made available to John Q. Hammons through the sale of bonds, any such ·funds remaining would be applied to reducing the . total amount of hotel bonds outstanding. MOnies will onlY be released as work is completed through a draw schedule that will allow the City to monitor the expenditure of funds. 5. Are the underlying assumptions in the project proformas (development and operational) accurate? Rumors have it that a room rental rate of $75/night is being used in the proforma when the average rate in Bakersfield is closer to $60/night. In discussing John Q. Hammons' underlying assumptions with his financial team they have indicated that their calculations are based on average daily rate of $70 per room.' Again, based on not just Mr. Hammons thorough knowledge of the hotel industry but also that of his team, they are secure in their assumptions and that this rate will work. Is' there someone else who is able to demonstrate a deeper knowledge of the hotel industry, whose personal wealth is in excess of $300 million and whose wealth has been developed over a span of four decades in the hotel industry? The City staff does not pretend to second guess the projections of the Hammons firm relative to the potential profitability of the facility. Hammons is operating in Sacramento and Fresno among a variety of other locations and is thoroughly familiar with p~otential business in this area. 6. If the developer fails to fund the debt service of the bonds related to the hotel, what effect does this have on the entire bond sale? The repayment obligation of each component of the sale, such as the Hotel, Northeast sewer, etc., are separate and distinct. Failure of one element is a separate issue from the others. 7. If hotel opens and is not profitable, is John Q. Hammons personally liable to the bond homers? Yes. In addition to having to.provide his personal guarantee, Mr. Hammons would be risking all City incentives since they would fall through in the event that the hotel does not continue to operate. 'These include the alcohol and catering concessions, the right to lease the ballroom. He woUld also be ,responsible for repayment of the federal loan as well. 8. What is the developers and the City's liability if the developer fails to meet the terms of the federal loan? If Mr. Hammons fails to hire the appropriate number of low and moderate income individuals at the commencement of operation or for the next subsequent five years he will be required to · pay the balance of the principal remaining, plus 9% interest going back to the date on which the funds where made available to him. At the onset, the Hammons Group will therefore be required to make in excess of 100 jobs (of the two hundred permanent jobs presently estimated) available to low and moderate income individuals. From that point and for the next five years a minimum of fifty-one percent of all hires (resulting from turnover or an expanding workforce) must also be made available to low and moderate income individuals. 9. Questions have been raised as to the appropriateness or even the legality of using federal funds to assist John Q. Hammons in reducing the cost associated with completing the Convention Center Hotel. Can CDBG funds be used in the downtown area for economic development? HUD regulations make it absolutely clear that CDBG funds can be used for economic development activities. The eligibility for this particular project rest not so much with its location but with the fact that the completed hotel will provide apprOximately 200 permanent jobs, of which 51% must be available to low and moderate income individuals (at the time of hire). Stepping back for a moment, it must also be pointed out that according to the' 1990 census information, Census Tract 16 (which is predominantly composed of the downtown area and includes the hotel site) is a HUD eligible area. I0. If the City were a private business, what would be its motivations for providing incentives for this project? Some of them follow. ® Our unemployment rate is currently over 10%. This will create'nearly 200 construction jobs and'nea~ly 200 permanent positions, that will primarily be filled by Iow and 'moderate income residents. The project will spend at least $5.5 million per year in the downtown economy and will, therefore, help other businesses to flourish such as restaurants, after-hour locations, retail facilities, and the like. · We currently are not competitive for larger convention's or conventions which require the primary lodging to be within walking distance of the convention center. This will open up Bakersfield to attract larger conventions and will allow for more~full booking of the convention center itself. · As the convention center itself is more fully booked, it will reduce its annual operating deficit which is a benefit to all taxpayers of Bakersfield. · The City's only incentive is in the form of a pass-through of a federal grant to the developer and are a portion of the new taxes that the hotel .itself will develop. There is no out-of-pocket expense to the City to bring this project into being, yet we know it will generate at least a half million dollars in new taxes per year for the City after it gets geared up and is fully operating. A generation of such taxes will help to reduce the I, burdens on other property taxpayers in the downtown area and throughout the City. · The land, with improvements currently in place, represent a liability, not an asset. The structure could cost up to and even over $1 million to demolish which would have to come out of the City's general funds. The general fund dollars are needed for public. safety and other community services. · The addition of the ballroom to the package will mean that the City will have to turn down far fewer events at the convention center than we currently do. Thirty events have been turned down within recent months because we were already booked. Many of these could have been accommodated if we had the usage of 'the ballroom. · In short, it simply makes good business sense for the City of Bakersfield to try within reasonable limits to facilitate construction of this needed community facility. 11. If you complete the Convention Center Hotel for the'purpose of attracting conventions, will they come? Conventions have become more and more cost conscious. This gives the affordable California more opportunities than ever before. A recent press release indicated that Fresno tied for second, with San Diego, as the most active city in California for professiOnal association conventions. With the completion of the Convention Center Hotel, and the additional improvements at the Convention Center, Bakersfield will be given a tremendous opportunity to bring added conventions to our cOmmunity. This translates to an infusiOn 'of imported dollars to our local economy. With think Bakersfield has a great deal to offer!  MEMORANDUM ~ "WE CARE" TO: Alan Tandy, City Manager ~~ From: Stephen Johnson, Fire Chief Date: September 22, 1993 Subject: RESPONSE TO STATUS OF DEFIBRILLATION PROGRAM Total funds raised to date for the implementation of the defibril- lation program is $47,282.34. These funds have been deposited into a trust account which was set up through the Finance Department. On August 27th, I met with Laerdal Medical Corp. to review the cost to purchase the necessary defibrillation equipment. As was anticipated, the costs have dropped since we were first quoted prices in late 1991. A review of the cost to implement the'program is as follows: 3 Loaned Heartstart 1000 Defibrillators: N/C 1Heartstart 1000 (to be traded in) (CREDIT) <$ 4,495.00> NOTE: Laerdal Medical Corp. has agreed to exchange the above four 2-year old defibrillators for new units. 11Heartstart ATS Defibrillators ~/tapes $45,105.06 22 Standard Module Control Units $ 4,290.00 11 Extra Batteries $ 1,100.00 Total $46,000.06 It should be noted that we have switched from a Heartstart 1000 defibrillator to a Heartstart 3000 so as to ensure uniformity with E.M.S., Kern County Fire Department, and the two ambulance companies. These new units will also allow greater flexibility for firefighters and paramedics as they assist cardiac arrest patients. SDJ:trs s:\defibsta.2 BAKERSFIELD Alan Tandy · City Manal~er September 23, 1993 Mr. Joe Drew County Administrative Officer County of Kern 1115 Truxtun Avenue Bakersfield, CA 93301 Dear Mr. Drew: Last night, after diScussing the Fire Fund' issue in Executive Session, the City Council voted to take the following action: "Since negotiations have been continuing for at least four months, the City Manager is directed to advise the County that the Fire Fund issue should be brought to conclusion within thirty (30) days; further, that the City staff is directed to spend any amount of time necessary to bring a positive conclusion to the negotiations, and the City Attorney is instructed to prepare a lawsuit for consideration, in the event negotiations fail." I believe that this is self explanatory. I would convey it to you as an effort by the .City to bring the issue to positive resolution. Even though it does reference the potential for litigation, I believe the emphasis should be on the thirty-day window of opportunity to succeed. I am prepared to meet with you, or your staff, as frequently as is necessary to bring it to such a positive conclusion; as often as daily, if necessary. I will call in order to have my Administrative 'Assistant schedule the initial meeting. · If you have any questions, please do not hesitate to contact me. Sinc~ely, . City Manager ~ .~. AT. alb cc: Honorable Mayor and City Council City Clerk City of Bakersfield · City Manager's Office · 1501 Truxtun Avenue Bakersfield · California · 93301 /O~C'~ '3'3~ '"3'""/E"1 ,,~ [~.. IO/'~'~ ')'34 I0~"~'~ BAKERSFIELD September 22, 1993 A. Philip Randolph Community Development Corporation 1313 California Avenue Bakersfield CA 93304 Attention Marvin Dean: The City of Bakersfield, EcOnomic-& Community Development Department staff received your letter dated September 7, 1993, concerning your. objection to the City submitting a Section 108 Loan Guarantee application for the Bakersfield Convention Center Hotel Project. Please find. responses to your concerns. Question #1: "The loss of $375,000 of future Community Development Block Grant Entitlement Funds for the eligible Southeast Bakersfield incentive area project for the next ten years (totaling the loss of 2.5 million)."* Answer #1: Since the first year the City partiCipated in the CDBG program, our. entitlement has increased from $820,000 in 1977 to $2,525,000 in 1993. This represents an increase funding of 200% in sixteen years. The Community Development Block Grant entitlement by statute, is required to benefit the Iow and moderate income population of the entire City of Bakersfield. Your statement that these funds are for exclusive use of the Southeast Bakersfield Incentive Area is incorrect. The City of Bakersfield Community Development' staff would gladly provide a map delineating those areas .meeting U.S. Department,of Housing and Urban Development Department (HUD) Iow and moderate income criteria. The Bakersfield Convention Center Hotel .project is located in Census Tract 16, which has been designated by HUD as a "low and moderate" income area. The proposed $2.5 million financial assistance ($375,000 for a maximum of 10 years) for the Bakersfield Convention Center Hotel project will not only be expended in a eligible area, it would also provided jobs for Iow and moderate income individuals. *NOTE: All questions were taken directly from Mr. Dean's letter dated 9/17/93. Ci~ of Bakersfield · EcOnomic and 'Community Development Department 515 Truxtun Avenue · Bakersfield · California 93301 (8~15~ 326-3765 · Fax (805/ 328-1~48 · TDD ~805~ 324-36'~1 Page 2 9/22/93 M. Dean Letter Question #2: "There is no guarantee for minority or women subcontracting opportunities which is generally required on Community Development Block Grant. funded projects." Answer #2: HUD .regulations do not guarantee opportunities for minority or women subcontractors on CDBG projects. HUD does, however, require that contractors and subcontractors on federally assisted construction projects take affirmative actions to ensure fair treatment in employment and to the greatest extent feasible provide opportunities for training and employment to Iow and moderate income persons. The~City of Bakersfield will assist the developer in all possible respect to maximize the use of local labor and vendors. The assistance proposed for the Bakersfield Convention Center Hotel developer will not finance the construction of the hotel project. It will, however pay for those pre-opening and eligible Fixture, Furniture and Equipment costs to complete the Hotel project. The HUD - Los Angeles Office has concurred that the activities proposed for the Section 108 assistance will neither initiate Davis Bacon requirements nor constitute a construCtion project. Question #3: "There is no guarantee that minority, women, and disadvantaged persons will be employed in the higher paying construction jobs or in the operations management positions." Answer #3: HUD regulations do not guarantee minority, women, and disadvantaged persons employment in higher paying construction jobs or in the operation management position. As mentioned before, HUD does require that to the greatest extent possible, training opportunities and employment for Iow and moderate income persons be provided. The City of Bakersfield stands ready to assiSt the developer with all possible means. Question #4: "The City of Bakersfield has already wasted several million dollars on local, state and 'federal funds intended for the citizens of Bakersfield on the Convention Center Hotel project, eStimated at 5.5 million dollars." Page 3 9/22/93 M. Dean Letter Answer #4: To date no federal funds have been expended on this project. The same can be said about state funds. The only funds expended to date are tax increment funds generated solely from the redevelopment project area. "Wasted" is a relative term. Question #5: "We believe that the Community Development Block Grant Entitlement Fund was not authorized by congress for this type of abuse £e. (giving profit developers' 2.5 million dollars in entitlement funds for projects which are outside of the HUD designated target areas, 'without providing any LONG TERM benefits to IOw income residents within the HUD designated target area). The Community Development Block Grant funds are .the only monies available to develope projects to improve the conditions in the Iow income neighborhoods, such as the Southeast Bakersfield Enterprise Zone Area. Because of the need to improve riving conditions in Iow income neighborhoods, the City of Bakersfield received their Community Development Block Grant Entitlement." Answer #5: In accordance with HUD regulations for the Community Development Block Grant program, 24 CFR Part 570.203 -- Special economic development activities, assistance to private for-profit businesses is an eligible activity. The assistance can be 'for grants, loan, loan guarantee and other forms 'of support. Section 570.208(a) -- Criteria for National Objective, states that activities where at least 51% of the permanent jobs involved employment of Iow and moderate income persons is consistent with the Iow and moderate income benefit requirement. Of the proposed 201 permanent jobs to be generated as a result of the Bakersfield Convention Center Hotel project, it is estimated that well over the minimum required will be offered to Iow and moderate income individuals. . Question #6: "Once again the City of Bakersfield Community Development staff whose primary responsibility is to work with the residents, neighborhood organizations, local business owners and area elected rePresentatives to come up with projects in the impacted HUD designated areas. To benefit Iow income neighborhoods by developing projects within the neighborhood which will assist in the overall economic development activities. By removing blight Page 4 9/22/93 M. Dean Letter conditions, ass/sting with providing housing opportunities, developing neighborhood retail centers, providing job opportunities, assist neighborhood business owners with start up and expansion loans, and other economic development activities. Instead the city Community Development staff is recommending yet another project such as the Tegeler Hotel in the Downtown area.. Which received Community Development Block Grant Funds and redevelopment .agency funding. That developer did not use local minority/women sub contractors nor did he provide opportunities for minority/women in the construction jobs. Now the city Community. Development staff is recommending another developer be given 2.5 million dollars of future Community Development entitlement fund to be paid back at the rate of $375,000 a year for the next ten years for the construction of the Bakersfield Convention Center Hotel without providing any long term benefits to Iow income residents which the funds are intended for. Which HUD requires when CDBG funds are used. This project proposal has been structured to get around these requirements. It should not be aloud to happen." Answer #6: The Tegeler Hotel project is located in Census Tract 16. Census Tract 16 is one of the areas located in Bakersfield that HUD has identified as an eligible (1970, 1980 and 1990 Census information) Iow and moderate income areas. According to HUD's 1990 census information, 70.2% of the individuals residing in Census Tract 16 are ' at or below the Iow and moderate income level. The Tegeler Hotel project will be providing 53 of the 53 affordable housing units to very Iow income individuals for the next 50 years. The City's partiCipation in the Tegeler project was for acquisition assistance only. The actual rehabilitation construction assistance of $1.8 million was made by the California Housing Rehabilitation Program (CHRP). The City had no responsibility in the monitoring of this rehabilitation project. In accordance with 24 CFR 570.202, eligible rehabilitation and preservation activities, CDBG funds may be used to assist private, profit making entities in acquiring properties for the purpose of rehabilitation of affordable housing for Iow and moderate income individuals. Page 5 9/22/93 M. Dean Letter The Bakersfield Convention Center Hotel project is also located in Census Tract 16 as mentioned before, Census Tract 16 is a-HUD designated Iow and moderate income area. The Bakersfield Convention Center Hotel project will be requiring that as a minimum, 51% of the permanent full-time position be reserved for Iow and moderate income persons. The Bakersfield Convention Center Hotel developer has extensive experience in the hotel industry. The project will have a positive economic impact on an eCOnomically distressed and blighted area. There will be many positive contributions to the downtown and to the entire community when this project is realized. Question #7: "Currently there is an over supply of hotel room space. Several hotels have already closed their doors. This proposal which would provide a $2.5 million dollar grant, plus a waiver of hotel bed tax for the first six years est/mated to be $200,000 a year. The total dollar amount give away will be $3,7 million ($2.5 million + $1.2 million). This arrangement would be unfair to other hotels operating in Bakersfield. This may force other existing hotels to close their doors due to the loss of business because of the over supply of hotel room space." Question #8: "The city proposal is a bad deal for both the Iow income neighborhoods. It mortgages future Community Development Block Grant entitlement for the next ten years without any long term ben/fit to Iow income persons and neighborhoods that the entitlement was intended for by congress. Also it's a bad deal for.the existing downtown hotel industry which will cause financial hardship on current hotels operating due to the subsidizing for Bakersfield Convention Center Hotel by the City of Bakersfield." Answer #7 & 8: The City Manager's Office has attended several meetings with managers of those hotels who would be most impacted with the completion of the Bakersfield Convention Center Hotel. Although the association has yet to formulate an official 'position on the hotel proposal, they believe that the completion of the project, would in the long run benefit the entire local hotel' industry. This long range benefits would result.in added transient occupancy taxi added convention days and added support to the Visitors and Convention Bureau. The transient occupancy tax funds 'the operation of the Convention Bureau that was established to promote convention marketing and visitor attractions. Page 6 9/22/93 M. Dean Letter Question//9: "The A. Philip Randolph Community Development .Corporation which is a community housing development organization (CHDO) targeting projects in the SouthEast Bakersfield incentive area, We have repeatedly proposed housing and economic development projects seeking Community Development Block Grant from Community Development staff. To date we have not been successful in receiving any funds for the much needed projects.. We would request at this time that staff be instructed to provide technical assistance to our organization in identifying/developing projects for CDBG funding consideration," Answer ,,~9: .The proposals previously submitted by A. Philip Randolph Community Development Corporation have been reviewed along with those from other organizations seeking CDBG assistance at the time. The stronger proposals were funded and completed. Your request fOr technical assistance in identifying/developing projects has been noted. Question #10: "We are proposing that the City of Bakersfield consider'to give this unfinished hotel to a firm who would guarantee, the completion of. the project with the conditions that the firm must provide its own financing, provide opportunity for minority/women sub contracting in all areas of employment. This would be a benefit to the developer because they' would receive a partially completed hotel structure valued at several mill/on, est/mated at 5.5 m/Ilion dollars." Question #11: "Other issues to be negotiated would be concerning wavier on building permit cost, fees and short term relief on hotel bed tax. This could be done by advertising the project locally, state wide, .nationally and internationally as a give away incentive for a developer to complete the project. The citizen of Bakersfield shouldn't be asked to put any additional.financial incentives into this project. This project has already loss several million of dollars of local tax payers money.' The current proposal by the City of Bakersfield Community Development staff is unfair-to afl citizens of Bakersfield. Again we ask the proposal by staff not be approved and that you consider our proposal to complete the unfinished hotel project." Page 7. 9/22/93 M. Dean Letter Answer 10 & 11: Soon after'the construction of the Hotel project stopped in late 1988, the City redevelopment agency started their direct marketing efforts to identify potential developers to complete and operate the Hotel project. Although many prospective develOper/operator had the necessary experience in undertaking this projects, obtaining the necessary financing prevented them from continuing with the negotiations. John Q. Hammons Industries responded to the agencies marketing efforts and in May 1993 a Letter of Intent was signed. The current proposal caps all permits and fees at .$155,000 which is the estimated amount of fees required to complete the hotel structure. The proposal would also require a short term rebate of property tax and transient occupancy tax. These forms of assistance alone would not make the developer's project feasible. The developer requested that the City agree early on to the actual and appropriate building permit cOst and to not modify it later oR. In regards to the level of assistance the City has obtained confirmation from a private financial consulting firm that without the proposed 108 assistance and the other assistance being considered, this project could not be completed. in your letter, opposition was raised concerning the Notice to Public of Request for Release of Funds and Notice to Public of Finding of No Significant Impact on the Environment. Since no specific environmental issues were identified no response could be made. If additional information concerning this project is required, please call this office at (805) 326-3764. Sincerely, - Com m{,lz~ity Devel~e nt Coordinator xc: .;~.A!_~.a _n d~ y_,~-c~__ii ~y~_M ~e r__ _~ Jake Wager,'Economic Development Arnold Sison, HUD Los Angeles Kern Minority Contractors Association Im:GGg/DEAN.LTR B A K E R S F I E L D Alan Tandy · City Manager NEWS RELEASE FOR IMMEDIATE RELEASE CONTACT: September 24, 1993 Vice Mayor Kevin McDermott (805) 326-3767 THE CITY OF BAKERSFIELD IS ASKING THE COUNTY TO PAY FIRE FUND TAXES" At its regular meeting of September 22, 1993, the Bakersfield City Council*announced, after an Executive Session, the motion relative to the County Fire Fund, which is attached. Along with making that motion, the Council directed the staff to release some background material on the subject matter so that the public' would 'better understand what has been transpiring. A-copy of this release is, therefore, being provided in accordance with Council direction. According to government code and resolutions adopted by the City of Bakersfield and the County of Kern, the County must relinquish the Fire Fund taxes upon completiOn of annexations to the City. Funds are to be collected and transferred to the City when the annexed areas become part of the City. That practice had been followed, without exception, after the passage.of Proposition 13 in 1978, through the mid 1980's. Beginning in the mid 1980's, the County unilateraJly changed the practice and began to keep the Fire Fund, even when the City was Providing the Fire service. The action was unilateral and the City was not informed of it. In essence, the unilateral policy, change was buried in paperwork, under a mathematical formula that was not clear. The "capture" of the funds was discovered in 1992. (more) City of Bakersfield · City Mana§er's Office · 1501 Truxtun Avenue Bakersfield · California · 93301 Press Release - Fire Fund Septsmber 24, 1993 · Page -2- Since 1985, over 74 geographic areas, or over 18,000 acres, have been added to the City, but the Fire Fund portion of those property taxes have continued to flow to the County. The Fire Fund tax is an allotted portion of the 1% property tax. According to Vice Mayor Kevin McDermott~ "Our goal is to provide the utmost in public fire protection to the citizens of the City of Bakersfield. When the residents in these areas requested to become part of the City, we assured them certain levels of services would be maintained, and fire protection was one of those concerns. We cannot provide superior fire protection if the County continues to withhold the City's rightful share of the Fire Fund." McDermott pointed out that the City and County have had a long history of cooperative activities. "The City and County have numerous joint agreement policies regarding shared efforts," said McDermott. For expedient emergency response, the Fire Chiefs of the City and County agreed to have the "closest company response." This concept eliminates duplication of services by dispatching the closest available station regardless of jurisdiction. Other shared services include establishment of a joint-use dispatch center, coordination of in-service training and instructional services, and arrangement for the joint use of the Olive Drive Training Facility. According to McDermott, the failure to forward the Fire Fund taxes is the only departure of the · City/County partnership. "1 am confident that this situation can be resolved without disruption of service to our citizens." According to McDermott, the Joint POwers Agreemer~t was adopted in 1980 by the City and County for-fire protection services. The results of the agreement were to perform studies (more) Press Release - Fire Fund September 24, 1993 Page -3. and establish boundaries. The document did not address any monetary changes, with the understanding that the past practice on the Fire Fund tax would continue. Despite State law, and a resolution adopted by both City and County prohibiting the County from keeping the Fire Fund tax, the practice continues. After numerous pleas, over several months, by municipal officers to County elected officials and administrators outlining this problem, the County has not provided any substantive response. "This year's loss alone cost City taxpayers $600,000, or the equivalent of nearly 11 firefighters," McDermott Stated. The JPA, a mutual coverage arrangement for both the City and County Fire Departments, has failed to provide a method to reimburse fire proteCtion services in each of the department's jurisdiction. Moreover, during the course of the agreement, the City has provided more services than it has received from the County. The lack of transferring Fire Funds has further impacted City taxpayers. According to McDermott, "The City continues to incur costs of providing fire protection services while the County retains the taxes paid by City residents."' The motion by the City Council is being made only after foUr months of behind the scenes efforts to negotiate the matter to successful conclusion. The motion directs City staff to spend any amount of time necessary, over the next thirty days, to bring the issue to a positive, non-litigated conclusion. It also recognizes that a fundamental inequity' must be righted - that is the party providing the service should clearly get the money to do so. Motion of the Bakersfield City Council Closed Session September 22, 1993 Since negotiations have been continuing for at least four months, the City Manager is directed to advise the County that the Fire Fund issue should be brought to conclusion within thirty (30) days; further, that the City staff is directed to spend any amount of time necessary to bring a positive conclusion to the negotiations, and the City Attorney is instructed to prepare a lawsuit for consideration, in the event negotiations fail. fom..: the.. l rd .of ~ ~ ~ or: Re~°lution No ........................... Re~ere~e No ............................. YEAR 1984-gS~ BkKERSFI~LD~ C~LI~ORNIA CITY, DELANO, SHATTER AND TAFT ~. M. V. ~D~ACH~R. Clerk of th~ 8oa~d o~ $u~e~vi~o~s o~ t~e Cou,~ o~ Kern. Stat~ hereby cart~ that ~e follo~ng re~lution, proposed b~ Supervisor , s~onded by ~u~i~or , was du]~ passed and adopted by said B~rd of Su~o~ at an offlc~l meattng ha~eof this .................... day of ......................................... ]9 ........... by the following uote, to wit: A~S: H.V. RAD~ACH~ Clerk of the ~ard ol Su~a~, Co. IF Of Kern NOES: State ot CaliJmn~ ~: By ESO. LUTIOn Section 1. WHEREAS ~ (a). S~=uctura~ f~re protection services are provided by the County of Kern tn the incorporated and unincorporated County no= spectftcatly excepted in accordance with Sec~on 25643 of the Gove=~ent Code of the State of California, which non-e~ee9=ed azeas comp:ism and arm'constdezed to be a "special dis~=ict" purposes of allocating p~ope~y tax ~evenues fo: 1984-85 and future ~tscal years pu~suan~ ~o ~he definitions oE "loca~ ageno~es" tn Section 95(a)., tn Chapter 6, Paz~ 0.5, as added to D~v~ston I o~ the Revenue a Taxa/ton Code o~ ~he State of Caltfo=nia by Seal,on Cahp~e~ 282 of ~he Statures of 1979~ (b) ~uzsuan~ =o ~he provisions of ~he aEo=esa~d Section ~he tnco=~ora~'ed Ct~tea of Bakersfield, Cal~fo~nta Cf=y, De[ano, Sahf~ez, and Taf~ have Riled the~= requests in writing ~zom the levy oE ~axes by the coun=y of ~e=n for st=uut~zal p=o~eoc~on, and eaoh of which =equea[s ~s supported by a the respective ot~y council E[ndtng tha= the City has an 0=gantzed . depaz.tment.'ln being.~hieh. ~s providing adequaae 'e~=uc~uca! tlOn to &ll property within ~he incorporated areas of:-thn~City,~:.~nd ..-~ .... fha~ no &dditional lice protection bene~it~ except'aa may..be provided ." and reimburaed in aoo°rdanoe wi. th a.eepara~o and explioiC.con~cno~-~ is re~olved or required within ~ho City ~rom ecructura$-£iro pcoteocion ~ ~0#, ?HBREFORB~ IT 18 H~REBY RESOLVBD by the Board o~ l. In accordance with Section 25643 o£ the Oovecn~e~ Code o~ the Steie el Califo~nia~ ~he aforesaid structural lice pzo~eocion services are not provided by the County ct Kern ce.prOperty within the incorporated areas of the Cities. ~{_llake_cstl_eld.~_Cali. to~nta Oelano~ ~hnt~ec~ and Tat~ except as may_be.~XP~iCi~ly...pcovlded and cei~}s~ pursuant ~o sepacaCe con~cac~ and~ accocdi~gly~ pcopec~y .;/ {{om a~y levy el.taxes by_the Coon~x o~ Kern icc stcuctocal. onl and ehe. inaocpoca~ed areas of ~he afo~esaid cities s~all be} exempted icom ~he "special dls~ci~" delineated 95(a) o~ ~he Revenue ~ Taxation Code ct ~he S~a~e ' purposes o~ determining ~he allocation o~ p=opa~y tax revenues ~o~ mtcuctuc~.l {ice pcoCec~ion services provided by ~he County Fiscal Yea~ 1984-~g. 1. The Cleck o~ ~he Boacd shall foct~with ~cans~iC certified copies'ct this cesolu~ion Co the following: '(1) County Admtnis~ca~ive Offiaezl (2)-County Audi~oc-Contcollac~ (3) City Clack, City field~ (4)-City Clerk, City of Ca~l{o=nia Cityi (5) City Clerk, Cl~y Delanol (6) City Clerk, CI~y of Sha{~e=~ and {7) City Clerk, Ts'ft. Fred A. Drew ~ 1400 ~ Street Department Director ~! Bakertfleld, Calffomla 93301 (ee~) ee'l.3aoo Robert Barnes, M.D. FAX (805)326-0951 Medical Director DEPARTMENT OF EMERGENCY MEDICAL SERVICES September 22, 1993 /John Hendrickson, President Kern County City Manager's Association P.O. Box 159 Wasco, CA 93280 John Stinson Assistant City Manager City of Bakersfield 1501 Truxtun Avenue Bakersfield, CA 93301 Re: Your September 16 Letter --Ambulance Billing Gentlemen: Thank you for the letter of September 16 (enclosed) and for attending the meeting at the EMS Department on Friday, September 17, 1993. This letter is written to clarify the EMS position on several issues, and as a follow-up to the September 17 meeting. As I mentioned at the meeting, there were a lot of unanswered issues at the time I sent the August 16th memorandum (enclosed) regarding possible changes to, and their effect on, the future private ambulance transportation agreement. Let me reiterate that it is clear that the EMS Department has no authority regarding City responsibility for ambulance bills, and there was never any intent to present that position. Rather, the purpose of the memorandum was to advise cities and hospitals of prior dialogue related to the draft Agreement and to engage your interest and participation because'of potential impact. Also, we do not intend to put any language in the ambulance agreement which would in anyway instruct or provide guidance to the ambulance companies on billing procedures or practices. Our position, consistent with your feedback, is to revise the draft Agreement for block reimbursement to cover the maximum possible amount of service provided by the private ambulance companies. I hope that the other communication at the meeting cleared up any other confusion that you· may have had about the EMS Department's position on these issues. My overall intent is to maintain an effective comprehensive ~S System throughout Kern County, including within all the cities. I am continuing to work with the ambulance companies and County agencies on the operational and hospital transfer issues. I will keep you informed as to the progress of the agreement and these issues. Thank you again for your interest and participation~ FRED A. DREW Director Kern County EMS Department FAD:kb/CTYMGRS9.93 Enclosures cc: Joe Drew, County Administrative Officer Members, Kern County Board of Supervisors EMCAB Members Kern County City Managers Kern County Hospital Administrators Bob Price, Mayor, City of Bakersfield Bakersfield City Council Elissa Stone, Deputy County Administrative Officer Martin Lee, Chief Deputy, County Counsel BAKERSFIELD Alan Tandy · City Manage[ September 16, 1993 Mr. Fred Drew, Director Kern County Emergency Medical Services 1400 "H' Street Bakersfield, CA 93301 Dear Fred: On August 27th, I receivecl a bill totalling $361.00 ;rom Golden Empire Ambulance addressed to me for ambulance service provided to a Mr. John Reese on August 1, 1993. I was very confused when I recsived this t~ill.as I aid not know a John Reese r~or was I aware of circumstances where i or the City of Bakersfield would be responsible for payment cf his ambulance bill. ! contacted Golden Empire Ambulance and was told that this was the result of a new Kern County EMS poticy, I obtained a copy of your memo of August 16'th rc~cjarcling 'Private Ambulance Company Services" and was surprised to see language where you state that 'public safety agencies (other than the County of Kern agencies) who call for a private ambulalce company and do not transport (stand-by, erG,) whic-t~ result in no patient transport, can expect to be billed by the ambulance company," In addition there is language which states 'City Police Departments, who call for private ambulance .companies to transport an arrested individual prior to county booking, or a 5150, will be responsible for the transport'. After review of your memo and the bill received from Golden Empire Ambulance by myeelf and the City Attorney's Office, we have det~mined there is no responsibility by the City of Bakersfield for these charges, t would also like to point out ttlat the charges were incurred more than two weeks prior to the date of your memo. · Due to a conflict, ! was unable to attend the September 9, 1993 EMCAB meeting so I asked City Fire Chief Steve Johnson to expre.~s my concerns at that meeting. It is my understanding that there was some discussion about wis m~tte~' and s meeting has been set for Friday, September 17, to further discuss this matter with those potentially affected. I have reviewed this issue with John, Hendrickson, who represents the City Manager's Association on the EMCAB Board, and we have a number of conce,-ns regarding the proposed poliCy' crtange. City~f Bakersfield · City Man~§e~'~ ~)~ce ;":1501 T~-~tu~ Avenue Bakersfield · California · 93301 Mr. Fred Drew ~epteml~' 1~, Page -2- Of primary ooneern to us is what legal authority are you using to propose this =hangs? We are not aware of any authority of EMS or EMCAB to obligate cities in Kern County to pay for services required by the County (i.e. 911 caJIs'). We aJso question the possible disparate treatment of County residents who happen to reside in cities wino would be required to pay twice for this service. How wou~d this policy work in regard to the City. County Fire JP^? Would the Ci~ Fire [Department be charged if it responds to an unincorporated area? Regarding arrested individuals, should cities bill the County when we arrest a resident of an unincorporated area and are bilJed by the ambulance companies? This appears to be an attempt to sl~iff county responsibilities without any comensurate transfer of resources. I believe there are e large number of concerns which were not thought through or addressed properly prior to proceeding with your memo. The impact of this policy on public safety operations could 'be very detrimental. As an example, woulcl a Police Offloer, Firefighter, or Lifeguard at a public pool think twice before reqLiesting ambulance services in the event of an poten, tiaJ injury incident, i do not believe it Is your intent to weaken the emergency response system, which could possibly occur if this policy were pursued. The meeting scheduled for this Friday is a good starting point to discuss this matter further. However, it is necessary that all affected parties notified be allowed sufficient time to provide information regarding the impacts of this policy before it proceeds a,qy further. Sincerely, John W. Stinson ASsistant City Manager President Kern City Manager's Association cc. Alan Tandy, City Manager Joe Drew, Courtty Administrative Officer City of Bakersfield, Mayor and City Council Kern Coulqty Board of Supervisors EMCAB Boardmembers and alternates Kern County City Managers · '-' EMERGENCY MEDICAL SERVICES DEPARTMENT MEMORANDUM Fred A Drew Roi)er, Barn, es. M D August 16, 1993 TO: Kern County Hospitals Kern County Public Safety Agencies FROM: Fred Drew, 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 w~11 not 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 pr£vate ambulance companies (stand-by, etc.) which result in no patient 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" transffers 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 ambulan6e companies to transport an arrested individual prior to County booking, or a 5150, will be responsible for the transport. These changes have happened over the past several weeks, and ! 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. X will keep you informed as further information becomes available. If you 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 KE H COUB TY EHT L HEI .!.TH ~$OCllkTIlON September 15~ 1993 City of Bakersfield Planning Department 1501 Truxtun Avenue Bakersfield? Ca. 93301 Dear Mr Hardisty This letter is to inform you that we found that our sign on the Mental Wellness Center located at 1807 19th Street did not conform to proper code. We have ~as of this date painted over the sign. The final coat of paint will be in place on tomorrow. We are sorry for any inconvenience ~this may have caused your Department, and wish to assure ~you that at such a time that'a sign is reinstalled it will be done properly with permit. I trust that this meets with your satisfaction. Jessie Mc Griff Executive Director, KCMHA cc: fi le Allen Tandy Patricia DeMond Mayor Price MANAGER.~ DBA t6 SEP 95 ~ lq 1807 19TH STREET. BAKERSFIELD, CALIFORNIA 93301 · (805) 322-0365 COUNTY tIENT £ i"iE LTH :%OCikT ON September 16, 1993 Downtown Business Association 1501 19th Street Bakersfield~ Ca. 93301 At--~-~-~--~ Ca'thy Butler Dear Ms Butler, This letter will serve to confirm my statement to you that we have retained Pinkerton Security and Investigative Services to place an Officer on our property at the Mental Wellness Center located at 1807 19th Street. The Officer wil~l be on duty during the hours of 9:00 a.m. to 5:00 p.m. Monday through Friday. We trust that our action will serve to reassure anyone that has perceived a threat from any one that does come to the Mental Wellness Center. We look forward to receiving the~ material I have requested in my earlier correspondence at your earliest convenience. Sincerely Jessie Mc Griff Executive Director, KCMHA cc: file City Manager Mayor Chief of Police Ms DeMond 1807 19TH STREET · BAKERSFIELD, CALIFORNIA 93301 ° (805) 322-0365 [] SACRAMENTO OFFICE :. ~. ,?:~, . STATE CAPITOL ~ ~ _ ~ OISTRICT OFFICE .~' -, ·. RO0~ 2220 SAN FRANCISCO. CALIFORNIA 941 O2 (415) 557~784 ' ~ DISTRICT OFFICE ?*;~ ~ ~ ·; ; ' : .... ~ ~sou..s.,,.~s...~. ' ':~:::,W CLIE' ~EW BROWN,` (213) 62~4356 ASSEMBEyMAN. THIRTEENTH DISTRICT SPEAKER OF ~HE ASSEMBLY Sep~e~e: 17~ 1993 Mr. Alan Tandy City of Bakersfield 1501Truxtun Avenue Bakersfield, CA 93301 Dear Alan: Thank you for your letter regarding W0~ke~s' compensation reform in California. I apologize for the delayed response. When business professionals from around the state spoke to me at the Economic Summit in Los Angeles last February, their message was clear: workers' compensation reform is necessary before the state's economy will turn around. Now the debate on workers' compensation has come to an historic end. The California Legislature-has passed a package or'reform measures which will stimulate the state economy and encourage business~reinvestment. I have enclosed a summary which reviews the details of each of the pieces of legislation. The savings to California's business community are expected to top $3 billion dollars over the next three years. A rate reduction of at least seven percent in workers' compensation insurance rates is predicted within the next two years. The reforms have received endorsements from the state's top business and labor leaders. These changes will keep California competitive and allow companies to stay and thrive in our state. ---ou~'~t-a-t~-~o~kers"'~o~p'e~Satib~ ~efo'rm pa~K~g~ is ~n ~i~hstrat~ion of commitment by the Democratic Legislative leadership to work in a bipartisan spirit to return California to its rightful place as a prosperous place to conduct business -- a place where men and women in both management and labor positions will profit. I am encouraged by your concern for the well-being of California's business climate. It is industry professionals like yourself that make this state, and our nation, a truly great place. Sin~.rely,,~_~ Speaker of the Assembly WLB:pmc:emg Print~ on Rec~l~ Pa~r THE WORKERS' COMPENSATION CONFERENCE REPORT CONTAINED IN Ai3 110, AB 119, A'B i300, SB 30, SB 983, SB 484, AND SB 1005 DOES THE FOLLOWING: AB 1 ! 9:. PS¥CHIA~I~IC ~,ND,-Po~qT-~ER~!N'^T!ON c,.~,.IMS.-Rest~.cts-*thecom?ens~bility of psyohi.- atric and post-termination claims, including: · Requiring a higher (predominant) causation standard fo~ psychiatric claims; · Providing an exempti'on to the predominant standard for victims or witnesses of violence; these injuries are compensable if substantially caused (35% to 40%) by the workplace. · Disallowing claims filed after notice of termination unless the employee had demonstrated existence of the injury prior to the termination notice. Psychiatric claims so filed would also be compensable if caused by sudden and extraordinary events. AB 110: · SELF'REFERRAL PROHIBITIONS. Prohibits physicians, insurers and vocational rehabilitation counselors from referring injured workers to facilities in which the practitioner has a financial interest. · VOCATIONAL REHABlUTATION. Limits injured workers to one vocational rehabilitation plan with an overall cap of $16,000 and an internal cap of $4,500 on counselor fees; removes the requirement for a 90-day meeting between the injured worker and a rehabilitation counselor; ...... li~it~-ri~ir/tenanc'e all~wa~ paym~ntg~o-52~;e~ks;-provide-s ~hat plans agreed' upon between an employer and a represented employee do not need rehabilitation unit approval; and elimi- nates the requirement for vocational rehabilitation for employers who provide alternative or modified work. · MEDICAL'LEGAL I='VALUATIONS. Provides that no medical-legal evaluations may be obtained prior to 60 days after the employer is notified of the claim; provides that the treating physi- cian shall perform the medical-legal report; provides in disputed cases that an employee or employer may obtain only one additional medical-legal reporti provides for a presumption of correctness to attach to the treating physician's report; and provides that for permanent disability ratings, the referee or appeals board shall be limited to approving the rating proposed by one side or the other. A SUMMARY OF THE WORKERS' COMPENSATION C: o N FE R E I~ G E REPORT AB I 10 (CONTINUED) · MAUAG£D CAn't. Allows employers to control the health care of injured workers for 90 days if the employer offers no non-occupational health care but more than one managed care organization (MCO) for workers' compensation health care, 180 days if the employer offers non-occupational health care and more than one MCO, or 365 days if, in addition, the employee's personal physician or personal chiropractor is participating in at least one of the health organizations attending to the employee for occupational health care; provides certifi- cation requirements for workers' compensation managed care organizations; requires that the injured worker have access to chiropractic services; and retains current law provisions guaran- teeing injured workers the right to predesignation of a personal physician and one change of physician on request. ' ' · MEmC^~. TRE^TMENT FEE $C.EDU~-E. Requires the Administrative Director to revise the treatment fee schedule by January 1, 1995 and the schedule for health care facilities, prescrip- tion drugs and pharmacy services by January 1, 1996. · £MP~.OVEn R,G.TS. Requires the employer to notify the insurer of information tending to disprove claims, and requires the insurer to provide the employer with certain information including offers to settle claims, and the amount and justification of reserves. · DATA COL. I.E:CTION AND OYE!RSI(~HT. Requires the Administrative Director in consultation with the Insurance Commissioner and the Rating Bureau to develop a workers' compensation information system. · B£N£F,TS. Provides for $747 million in benefit increases to injured workers divided approxi- mately evenly between temporary disability and p~rmanent disability benefits. These benefits would be phased in at $356 million on July 1, 1994, $198 million on July 1, 1995, and $193 million on July 1, 1996. The existing maximum temporary disability award will be increased from the current $336 per week to $406 in 1994, $448 in 1995 and $490 in 1996. AB 1300: FRAUD. · Provides that any person who offers to a workers' compensation adjuster or any adjuster who accepts specified considerations as compensation, inducement, or reward for the referral or settlement of any claim, is guilty of a felony. · Authorizes the Attorney General, local district attorney or interested persons to bring a civil action for the crime of employing runners, cappers, steerers, or other persons to procure clients to obtain workers' compensation benefits. Imposes civil penalties, and provides awards for specified actions brought by individuals related to workers' compensation fraud. · Provides that half of the fees recovered from an attorney or law firm related to use of a runner or capper shall be allocated to the Attorney General or the local prosecuting district attorneY for investigatio, n and prosecution of workers' compensation fraud and half to the existing Workers' Compensation Fraud Account in the Insurance Fund. · ( A S U N M A RY OF THE WORKERS' COMPENSATION CONFERENCE REPORT AB 1300 (CONTINUED) · Requires that an individual or organization advertising legal services for workers' compensa- tion benefits include the n~me of at least one attorney associated with the individual or organization in the advertising, and provides that violation is a misdemeanor. · Provides that any contract for professional services obtained by a clinic, laboratory, or health care provider under fraudulent circumstances is void, and any fees collected pursuant to the void contract are recoverable as additional civil penalties. Half of the penalties would be allocated to the Attorney General or local prosecuting attorney and half would be paid into the Workers' Compensation Fraud Account in the Insurance Fund. ~ · Prohibits persons convicted of workers' compensation fraud from collecting benefits associ- ated with a fraudulent claim. · Prohibits a health care provider from performing a medical evaluation unless the provider is certified as a qualified medical evaluator. SB 30: INSURANCE, Replaces the current minimum rate law with a competitive file and use rating system using advisory loss costs and requiring a uniform plan for data collection purposes. Rates may be disapproved by the Insurance Commissioner if they threaten the solvency of the insurer or tend to create a monopoly. Provides for a seven percent reduction in workers' compensation insur- ance rates. SB 983: ALTERNATIVE SYSTEMS. Permits employers and employees in the construction industry to agree through collective bargaining to an alternative workers' compensation program so l?ng as the alternative program does not diminish the~entitlement of an employee to compensation. SB 1005: CREATION OF COMMISSION AND OFFICES. Eliminates the current Health and Safety Commission and replaces it with the Commission on Health and Safety and Workers' Compensa- tion composed of eight members, four from organized labor and four representing employers. The responsibilities of the Commission are: ~ ~- £L · ~ -~o-con,,uct-an .ongo~ng-cxarn~naaon-o,-t,c-veorkc:-s-compensaaon sy=tem-*~nd ~he-=ta~e.s iniury prevention activities; and · to continue to approve applications for injury and illness prevention programs. SB 484: APPROPRIATIONS. Makes appropriations to fund the implementation of new workers' compensation laws. SB 31: WORKERS' COMPENSATION. While not a part of the Conference Report, the legislation passed March 29, 1993 will: · Mandate a new and more restrictive fee schedule for medical-legal evaluations. · Establish a more restrictive definition of what constitutes a compensable medical legal evaluation. EOURCES: ASSEMBLYHENBER STEVE PEACE'$ OFFICE~ AND ASSEMBLY FINANCE, INSURANGE~ AND~ PUBLIC INVESTMENT COMHI~EE UPDATED ~1~3 The League of California Cities Sept. 17, 1993 · No. 1 Sales Tax EXtension Vote League aews-: I _. u,..,, k,, letter Focuses on I! O? November Ballot One of the measures on the November ballot is Proposition 172, which This "Election Alert" newsletter will be issued regularly until extends the half-cent sales tax for cities and counties to use for public thc November election. It will safety. The revenue from the statewide half-cent sales tax will be focus on ballot measures and allocated to counties based on each county's proportionate share of specifically evaluate the impact statewide taxable sales. Each county is required to deposit the rev- on cities of these measures, entie in a Public Safety Augmentation Fund to be allocated bY the ! county auditor to the county and cities within the county. Of particular interest to city officials will be issues relative ! The allocation to the county and each city within the county is based to Proposition 172, the pro- _1 · posal to extend the half-cent ' on a complex formula which takes into consideration the' net property sales tax for use by counties ! ! tax loss for an individual city in proportion to the net property tax loss and cities for public safety. ! for the county and all cities in the county, as well as other issues. (See ' the League's "Legislative Bulletin" of July 2, 1993, #23-1993 for a full. City officials may wish to keep ~ explanation). in mind that although public entities may go on record in~ City revenues from the sales tax extension are limited to half of a support of or opposition to I CitY's net 1993'/94 net property tax loss. [Note: in eight counties, the ballot measures, public re- sources cannot be used to total sales tax received by all cities within the county may not exceed attempt to influence voters I 5 percent of total county sales tax revenues. The eight counties are regarding ~aeasnre~-ilia~t haVe Fresno, Kings~ Merced, San Bernardi.no, San Diego, San Joaquin, qualified for a ballot. I Solano and Yolo. In Alameda County, the share for the cities is limited to 6.1 percent.] - editor , Revenues from the one-half cent sales tax already enacted and effec-, tire through December 31. will be allocated in the same manner as for Ploase Distribute This the sales tax authorized by Prop..172. The total revenues for cities Alert,.To: from the first full year of the sales tax -- should it pass -- is estimated · at $93 million. Payments from the Public Safety Augmentation Fund will be made monthly to counties. There's no specific language stating / ~ouncil Members ~a~Department Heads when counties must pay cities. / Administrative The sales tax revenues are earmarked for public safety. See the next Sta~ edition of "Election Alert" for more information. ~ 1 ~ League of California Cities Election Alert 916/444-5790 Proposition 174 On November Ballot League Board Voucher Initiative PositiOn on Sales known as the "Voucher Initiative"), would amend the California Constitution to empower parents to choose a child's school. Sev- eral clements go ,into effect should it pass:. Citing the need for cities to support counties, as well as the fact that cities · will receive a portion of the income, the · Requires the State to provide a scholarship for every League's Board of Directors voted to school-age child equal to at least 50 percent of the prior year's per-pupil State and local government spending level for supportProposition 172, the extension kindergarten through 12th grade. The scholarship may be of the half-cent sales tax. The League redeemed at public or private schools, under specific condi- will also work on developing a long-term reorganization process to assure account- tions, ability and long-term reform. -- --~--Re--~-~h.es~th.e-I~egisl. ature.to~esta~lish~procedures, for.pu.bl.i~c~ schools to become independent scholarship:redeeming schools. The resolution reads as follows: · Authorizes required academic testing. Whereas, the Board of Directors · Limits new regulatiOn of private and scholarship-redeem- of the League of California Cities sup- ing public schools. ScholarShip expenses and specific savings ports the need to continue an adequate count toward eduCation's existing COnStitutional minimum level of public safety to maintain the funding guarantee, highest quality of life for oUr residents; and Whereas, all local services are at The Legislative Analyst and Director of'Finance are uncertain of risk due to the fiscal crisis facing each the fiscal impact, however, two primary impacts are anticipated. The provisions related to scholarships, open enrollment and level of government in California; and 'testing could result in State costs potentially in excess of $1 Whereas, city support of the billion. School districts could incur costs due to the open enroll- fiscal' health of counties is critical in ment and testing provisions potentially in excess of tens of mil- order to ensure that local government lions of dollars, according to State officials, continues to provide the services which benefit all Californians; and Whereas, it is critical for the Passage of the sales tax continuation that local government officials, the business TJ e_idfLatiy_e.c ontains broad lang,uage~which ~communi~y~_comm,,ni~.Y organizations _ may limit local land use authority, and all of our citizens join together to support this proposal; and Whereas, both short- and long- term solutions are necessary to allow for the reform of State and local govern- The League Board of Directors voted to oppose Proposition 174 at merit governance and financing; its most recent meeting. The main reason:for the Board of Direc- Now.Be It Therefore Resolved tots' opposition to the measure is the language which may limit that the Board of Directors of the local land use and police authority over private schools. League of California Cities supports the extension of the half-cent sales tax and The Board also 'felt that the initiative undermines the concept of commits to provide the necessary leader- public education for public good by subsidizing private schools ship to bring about long-term fiscal and and it could favor wealthy Californians because the average cost governance reform to ensure a healthy of private school exceeds the average scholarship amount, and prosperous California. League of California Cities Election Alert 916/444-5790