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Home My WebLink About10/15/93 BAKERSFIELD MEMORANDUM October 15, 1993 TO: HONORABLE MAYOR AND CITY COUNCIL ///~/ FROM' ALAN TANDY, CITY MANAGER SUBJECT: GENERAL INFORMATION 1. I will be attending the League of California Cities Annual Conference on Monday and Tuesday of next week. During my absence, John Stinson will be in charge and, or course, I will be able to be contacted in the event of something significant. 2. Enclosed is a sample of a letter and list of service clubs we sent invitations to relative to doing programs on the Convention Center Hotel. We had a meeting with Dean Gay and his group this week. I am scheduled with the KEDC Board, the Chamber Board and the DBPOA. We have received verbal information that the Optimist Clubs will send an endorsing resolution. We got a very warm reception from a fairly large Chamber group on Friday. 3. We are not too far off beginning the collective bargaining process with the Blue and White Collar and Fire Units. 4. The County has delayed the IGRC meeting, again. The current projected date is November 8th. 5. There is a memo enclosed from Trudy Slater updating the status of the old landfill closure. 6. There is a memo enclosed from Melanie Dunwoody talking about research underway relative to a question on a natural gas issue that was referred to staff. We are haVing trouble complying with a portion of the request to schedule an Ad Hoc Economic Development Committee meeting because of Council schedules, but efforts continue. 7. It comes as no surprise that Ed Schulz is planning to retire somewhere toward the first of the year. We are initiating the process to do national advertising for that position. Ed has been great - it will be a challenge to "fill the shoes." 8. There is a letter enclosed showing we are submitting a grant application, phase 2, for the seismic retrofit of Fire Station #2. 9. There is a newspaper article enclosed from the L.A. Times relative to the abortion clinic fire that occurred in Bakersfield. HONORABLE MAYOR AND CITY COUNCIL October 15, 1993 Page -2- 10. Enclosed is a copy of our insurance claims for the month of September. 11. You will find enclosed responses to several Council Referrals including a traffic signal at Panama and South "H", the Recycling Market Development Zone application, a complaint at State Route 99 at the In-and-Out Burger, and a boulevard stop at 4th and "T" Streets. You will also find enclosed a copy of an updated memo, which is also the subject of a Council Referral, on the Metropolitan Park and Recreation Plan. 12. I think we are probably headed for a very long Council Meeting on Wednesday, October 27th. The extra week between meetings will add, as well as a variety of other business matters, some of which pertain to the Hotel and the related bond issue. We are tentatively anticipating having you convene at 5:15 p.m. under your Public Finance Authority (PFA) "hats" to hire the specialists for the bond pool. 13. The local prospect on the Hotel has withdrawn, formally. He could never get a signer for the financing. 14. At the time of this writing, Development Services is moving into their new building. They will be "open for business" in their new offices on Monday, October 18th. It is quite nice and was economically done. 15. You will find enclosed the latest update of the CSA proposal for a Metro- wide Parks and Recreation assessment vote. We are trying to schedule a Community Services Committee meeting on this--it is moving rapidly at this point. 16. Mark your calendars! The Good Neighbor Festival Date (October 30) is fast approaching. The Festival is enjoying a very good response from the community. To date, companies like Castle and Cooke, Kaiser Permanente, California Republic Bank and many others have contributed over $7,500 in cash donations or in-kind services and products. Over fifty organizations have registered for a booth with many more still expected. The Festival will again feature free entertainment, job and health information, children's activities, and sports competition. Plan on attending this fun- filled, family-oriented event. AT.alb Enclosures cc: Department Heads City Clerk B A K-E R S F I E L D O~tober 11, 1993 Kiwanis Club of Bakersfield 2807 Driller Avenue Bakersfield, CA 93306 Dear Program Chair, As you are probably aware, the City has reached a conceptual agreement with John Q. Hammons to complete the Convention Center Hotel. This project has enjoyed a considerable amount of attention over its life span. As you are .no doubt aware, the most recent announcement has generated a considerable amount of discussion within our community. If your group is interested in a factual presentation I would be glad to be available to do so. I can be reached at 326-3765. / Sincerely, John F. Wager, Jr. Economic Development Director dlt:hotel group. City of Bakersfield · Economic and Community Development Department 515 Truxtun Avenue · Ba~<ersfield · California 93301 (805) 326-3765 * Fax '(805) 328-1548 * TDD (805) 324-3631 Kiwanis Club of Bakersfield Kiwanis Club of Oildale 2807 Driller. Avenue Post Office Box 5001 Bakersfield, CA 93306 Bakersfield, CA 93388 Lions Club, Hillcrest Lions Club, Stockdale Eve 2813 Harmony Drive 3100 - 19th Street Bakersfield, CA 93306 Bakersfield, CA 93301 Optimist Club, North Bakersfield Rotary Club, Bakersfield 1001 Roberts Lane Post Office Box 1628 Bakersfield, CA 93308 Bakersfield, CA 93302 Rotary Club, South Bakersfield Kiwanis Club of East Bakersfield Post Office Box 2041 3125 19th Street, #251 Bakersfield, CA 93302 Bakersfield, CA 93301 Kiwanis Club of Southeast Bakersfield Lions Club, Bakersfield Breakfast Post Office Box 70126 3831 Fab'mount Bakersfield, CA 93387 Bakersfield, CA 93306 Lions Club, Bakersfield Pioneer Optimist Club of Southwest Bakersfield Post Office Box 617 2601 Freemont Street,//121 Bakersfield, CA 93302 Bakersfield, CA 93304 RotaryClub, West Bakersfield Rotary, Bakersfield Breakfast Post Office Box 9502 Post Office Box 2568 Bakersfield, CA 93389 Bakersfield, CA 93303 Kiwanis Club of' Kern Kiwanis Club of West . 6417 Landfair Drive Post Office Box 3345 Bakersfield, CA 93309 Bakersfield, CA 93385 Lions Club, Bakersfield Host Lions Club, East Bakersfield Post Office Box 361 6308 Lupine Avenue Bakersfield, CA 93302 Bakersfield, CA 93308 Lions Club, South Bakersfield Optimist Club, Downtown 1005 Montclair Post Office Box 1528 Bakersfield, CA 93309 Bakersfield, CA 93302 Rotary, North Bakersfield Rotary, East Bakersfield Post Office Box 5723 Post Office Box 2383 Bakersfield, CA 93308 Bakersfield, CA 93303 American Petroleum Inst. Exchange Clui~ of East bakersfield Post Office Box 1064 2321 Thelma Drive Bakersfield, CA 93302 Bakersfield, CA 93305 Elks, Bakersfield Lodge #255 Exchange Club of Bakersfield 1616 - 30th S~reet 3200 No. Sillect Avenue Bakersfield, CA 93301 Bakersfield, CA 93308 Exchange Club of Stockdale Elks, Lodge #325 1104 Claybourn Drive 1414 E. California Avenue Bakersfield, CA 93307 Bakersfield, CA 93307 M E M O R A N D U'M ':/'~ -..! ' '~::~- o~TOBER: ~i:~3 TO: ALAN TANDY, CITY MANAGER /~/__ '/ · .~~~/~¢ ~'~'~ ' ~ ..... FROM: TRUDY SLATER, ADMINISTRATIVE ANALYST II ~.T . ~_~ SUBJECT: BAKERSFIELD LANDFILL The followingis a synopsis of information gathered on closure-related activities for the Bakersfield City Sanitary Landfill (BCSL). In order to procedurally close the landfill, which has been an unused landfill for several years, theCity must accomplish several steps. Closure -overview of the BCSL is shared by the California Integrated Waste ManagementBoard (CIWMB) and the California Water Resources Quality Control Board (WRQCB). The City must also comply with federal Environmental Protection Act (EPA) regulations and'the State's California'Environmental Quality Act.(CEQA). The regional agencY for the WRQCB is the Regional Water Quality Control Board (RWQCB) out of Fresno. The Local Enforcement Agency (LEA) for the CIWMB'..is the County's Environmental Health Services Department. The LEA in the-past has cited the landfill for violations of state standards for solid waste handling_and disposal with orders to correct. 'Under state law and regulations, both the City and County are involved in closure activities as owner and operators. A signed contract/agreement delineatesjoint participation. The County (as cited in the contract) is the lead.agency (through' its Waste Management Depar.tment). The County is involved as both a participant and. a regulating agency. To close the.l~andfill, an Environmental impact Report (EIR) must be conducted. The EIR, which will meet EPA and CEQA guidelines, will describe the effects of closure on the landfill as well as surrounding area. The EIR will be a working document which will include all requirements for closure. Metcalf and Eddy, consultants, were hired by the County in March 1993 to conduct an EIR, a burn dump assessment, and final closure/postclosure maintenance plans for the BCSL. In addition, a health risk assessment will be .developed from information obtained in the burn dump assessment. A letter from the County's Waste Management Department, dated July 28,.1993, spells out the steps needed to be taken in order to close the landfill. Bakersfield was Originally scheduled to comply with the Regional Water Quality Control Board (RWQCB) requirements to test the water and air'quality beneath and above the landfill site in the 1991-92 fiscal year. Staff negotiated with RWQCB staff, illustrating the constraints being worked under and received approval of the deadline' extension. A major goal is to complete the required EIR during 1993-94 with physical closure in 1994-95, although slippage into 1995-96 may 'occur due to the lack of control over times frames due to the number of agencies involved in the process. ALAN TANDY Page 2 October il, 1993 Bakersfield Landfill At this point, it appears that the RWQCB and the CIWMB are more intereStedin progress being made than specific deadlines being met. As part of the City/County agreement and as required by state .law, Solid Waste Assessment Testing (SWAT), mandated by the Regional Water Quality Control Board, was conducted during fiscal year 1992-93. Metcalf and Eddy, consultants, on May 5, 1993 submitted a work plan/site health and safety plan for review to the LEA and the RWQCB. Testing indicated no groundwater contamination due to landfill' activities. The RWQCB could require additional testing. The consultants will report to. the RWQCB that continued drilling will be unproductive and wasteful. Even if more testing is required'by the RWQCB regarding SWAT, steps toward closure need to continue. Note: ~every landfill in the state has to conduct a SWAT as a requirement of 1992 Calderon'legislation. A burn dump assessment of the Panorama bluffs area is being conducted as part.of closure activities. Until 1956, the top of the bluffs was used as a burn dump, with residual materials pushed over the edge to clear the area for additional waste.. (Homeowners were allowed to build on the bluff tops after the site was no longer used for burning.} As a result of recent field activities connected wi'th the burn dump assessment, lead levels among the ash deposits .remaining at the burn site were detected above .state action levels and contamination found to continue up to.the back yard fences of homes bordering the landfill. Efforts are.being taken to obtain rights of entryfrom property owners to better determine through hand auger borings the e×tent of ash deposition and possible lead contamination in the ash deposition in addition to providing further testing as to whether the area is experiencing problematic methane gas migration from the landfill and/or other sources. Homeowners~ who located on the bluffs on the former burn dump are especially sensitive to such activity as they have speculated that because of the notorietY {as well as possible contamination) their homes are being devalued. The County, who is the lead agency on closure, has held public meetings regarding the issues in order to maintain open communications with affected landowners and interested citizens. News coverage has not always been of a.positive nature. The burn dump assessment is on schedule. A health risk assessment report will be developed by the consultant from information obtained in the burn dump assessment. Remediation efforts, if any are needed, will become part of closure activities. The existence of methane gas at the landfill and in the surrounding bluffs will be addressed as'part of closure activities. The City has taken several steps to identify, contain and eliminate methane gas migration. ALAN TANDY Page 3 October 11, 1993 Bakersfield Landfill Methane gas is a "greenhouse" gas; it is corrosive and does not smell unless it is mixed with other landfill gases. Methane is explosive between 5% and 15% by volUme. Methane gas over 5% per volume is in noncompliance with CIWMB regulations. The BCSL covers 114 acres and has approximately 50 gas wells and numerous gas probes along the perimeter as well as both vertically and laterally along the bluffs. A trench-type gas system encircling a major portion of the landfill bottom was designed and installed to capture methane gas before it could "migrate" to the bluffs. Grading of the landfill helped drain water away from the landfill area. It is conjectured that some of the methane gas being drawn from the landfill and burned is migrating from the natural gas fields nearby. It is also conjectured that fence lines, the watering of vegetation, and other encroachments along the bluffs may create part of the occurrence of methane gas ~in the bluffs. The current methane gas flare at the landfill, which has been used for several years, no longer complies with current Air Pollution Control District (APCD} rules. New destruction devices have been budgeted which will conform to APCD regulations and will be located inside the landfill's engine buil'ding to provide protection from vandalism. A flare will provide after-closure g~s destruction which is required by law. Additional requirements for post-closure acti. vity includes groundwater monitoring for 30 years. Field test results, required as part of closure, will determine remediation efforts needed, if any, tobring the landfill into compliance with all applicable law necessary' for closure approval. .Due to the fact that there are so many unknown variables involved in the closure process,, it is hard to define a time frame for steps along the way. Specific deadlines for the numerous'steps to be accomplished continue to be "moving targets" in the multi-step process. As delineated in the City/County agreement, the party providing contract administration for any item of work will keep the' other party informed of the progress being made and advise the other party of any changes or developments impacting the scheduling ~f and/or completion of the item of work. I will be glad to discuss this further with you should you wish. Mike Sides has also indicated his willingness'to meet with you on the issue should you have any questions of him as wel3. Mike was very instrumental and helpful in providing me with the information, within this report. (lndfll3) Enclosure cc: Mike Sides,.Sanitation Superintendent DAPHNE H. WAMIINGTON, ,Dl~-,~tw JO~..-HEINRICli~.A~IIIG?:iDIREGToII Phan~ MM) ii1411l · FA,X: (mi) R E C £-! V ED'~ AUG- July 28, 1993 ~~rr^r~ON Management Board 8800 Cal Cenre~ Drive Sacramento, Ca~orn~ 95826 Dear ~,ir. lardcki: UPDAT~ OF CLOSUR~ ACITV1T~-~ AT TH~ BAK'~SFIELD C1TY SAN1TARY LANDFTTT_ In. response to a request by the Snvironmenul Health Services Defmm~ent (T. oc~..~nforcement A. gency) for Kern CoumT, me following is a chronological update of closure ac~ivi~ conduced, in progrc~, or nearing inith~ion a ~he Bakersfield City Sanitary Imndfdl (BCSL): March 16, 1993: Kern Count), authorizes the consulting firm of ~ & Eddy, Inc. to prepare an Environmental Impact Rc.vort, Bum Dump Assessment, and Final Closure/Postclosure M~,intenance Plans for the BCSL. Ma), $, 199;t: Work Plan/Site Health and Sa/Ct7 Plan is submitted for revimv to th~ LEA and Regional Water Quality Control Board. May 1", '1993: A Public Information Me~,.ing (s~ attached fiver) was conduciat for tim geamal public and specifically adjacent residents regarding the above-mentioned pmjeat. C.(mdm:Ied by Kern County, representatives-of Metcalf & Eddy, Inc. and tim City of ~'infonned residents of upcoming activiti~ at the sit~. Plea.se note the California ~-Ws.~e Managmnent Bom~ (CIWMB) attended this m~dng (Lou l/llio0, aleng wi~h tl~ IFA. .lune 23, 19911: Adjacent residents were informed of Upcoming bum ~'work with receipt of "Panorama Blu/fs Update: Bakersfield City Landfffi Ciosu~ Projeix'. A coplr of the flyer is included. ,luly 1, 1993: ~Burn AsSessm~t field activities commenced with immi~.im~i~s st various locations. Baaklme t~t pits were atso used to detemin~ latmal and wxfi(ml =mint of~ ~ matm'/al. ~..~lamm.~.m~ conducted until dmz isacmmm i~mmdm:~-m~ ]~ ~, ~=.~e.~ ~ for g~on of ~ ~ pbom~b. ~mm ~, ~~ of ~~~, ~. ~ ~ ~ d~gn p~ for ~e ~ ~ h ~'.~.~ ~. ~~t b7 bo~ ~e C~ of ~ ~ ~ of ~ ~-~ m ~ B~ g~ ~e ~ few mon~. ~ ~ ~ ~ ~ ~ ~ If ~ ~ ~ q~ pl~ f~ f~ to ~n~ me a (8~ 861-2159; D~~ H. W~~N, D~r-~' By: ~ g~ Re~~ Co~~ ~ D~:~ ~: DL. BAKERSFIELD MEMORANDUM · ZO,//~/ October 14, 1993 TO' ALAN TANDY, CITY MANAGER ~/ f FROM: M.A. DUNWOODY, ADMINISTRATIVE ANALYST SUBJECT: STATUS OF AD HOC ECONOMIC DEVELOPMENT COMMITTEE REFERRAL - LOCAL DISTRIBUTION COMPANY FOR DISTRIBUTION OF NATURAL GAS I have met with Dennis Needham of Mojave Pipeline and he has provided me with some background material. I am in the process of contacting communities which own, run, or distribute natural gas services to residential and/or commercial customers. In addition, I am trying to identify a community which has recently municipalized their local investor owned utilities. Thus far, I have spoken to several municipalities all of which have been municipalized for many years and with two consultants. As this is a large and complex issue, I am finding that each contact generates yet another source to call. Evidently, there has been a lot of interest in this subject lately around the state, but most of the written information on municpalization relates to electrical and not gas distribution. To date, the search for a community that has recently municipalized has been fruitless, but I do have a few more contacts to make. As you suggested, in order to provide a balanced report, I have contacted PG&E and indicated to them I have been instructed to research this subject. Hopefully in the next week or so I will be able to provide my findings in memo form. I have also contacted the California Municipal Utilities Association and spoke with Mr. Jerry Jordan. Mr. Jordan was involved, but unsuccessful, last year in trying to block legislation that affected the condemnation process. Until recently, cities did not have to argue the right to condemn an investor owned utility, rather, condemnation proceedings commenced and the real battle in court was over the condemnation price of the asset. Now the courts must first determine if cities have the right to commence with eminent domain proceedings. If courts rule in a municipality's favor, then they return later to haggle over the price. The classic formula for condemnation has centered around depreciated costs, but there have been cases where the costs have been calculated on net present worth. These are just two issues that could adversely affect the economics of such a project. There are some points that have been made repeatedly: 1) Approach this carefully and cautiously and use the right people. 2) Be prepared for the unpredictability of the Courts and the PUC. 3) Do not underestimate the power and resources of the local utilities, which would be both PG&E and Southern California Gas. This point was made by almost everyone I contacted. Council would need to bear in mind that the utility companies would exert considerable political pressure and can use their resources to actively campaign against municipalizing while the City would be prohibited from doing so. Obviously, in addition to the logistics of becoming a municipalized utility, there are practical considerations regarding supply, delivery and service issues. I am expecting to receive some material on this and will included in my forthcoming memo.. MAD:jp BAKERSFIELD Alan Tandy · City Manager October 13, 1993 State of California Department of General Services Office of State Architect Seismic Program Section 400 P Street, 5th Floor Sacramento, CA 95814 RE: PROJECT SPS3108 - FIRE STATION 2, BAKERSFIELD, CA Dear Director of the Office of State Architect: We are pleased to submit for your consideration Part 2 of the.grant application for bond act funds for Project SPS3108, Fire Station 2. Station 2 is an essential service facility located in an unreinforced masonry building. The City of Bakersfield is requesting funding from the Earthquake Safety and Public Building Rehabilitation Bond Act of 1990 (Bond Act) for the retrofitting of Fire Station 2, 716 East 21st Street. The enclosed cost estimate indicates that the total project costs are $432,000,. of which $412,000 is eligible to be funded by the Bond Act. As a demonstration of the City's ability to provide at least 25% of the total seismic rehabilitation costs, also enclosed is a resolution adopted by our City Council. In response to Government Code 8875 et seq, the City Building Department c,ompiled a list of unreinforced masonry.bu d rigs with n Bakersfield' in 1988. Fire Station 2, constructed in 1.906, was placed on this liSt. The original part of the station, the engine room, is a reinforced concrete frame with unreinforced masonry (URM) infill. In 1939, .the remainder of the station, including the living quarters, was constructed of unreinforced masonry walls with a concrete joist and slab roof. HoweVer, theengine still must be housed in the existing engine room. A list of the essential service and public safety facilities has been included in this grant application (Section 4). Station 2 has been determined to be a seismically deficient service building and is the only building, on the City's list of Essential Service and Public Safety Buildings which is not expected to be operational after a major earthquake. Repair or replacement of this station is a high priority with the City of Bakersfield. The City of Bakersfield · City Manager's Office · 1501 Truxtun Avenue Bakersfield · California · 93301 PROJECT SPS3108 - FIRE STATION 2, BAKERSFIELD, CA Page -2- October 13, 1993 station's vulnerability is outlined in a report prepared by Warren A. Minner, Structural Engineer (included as Section 8 of this Grant Application).. Station 2 serves a mixed population of businesses and dwelling units. The area is ethnically diverse and the Station serves as a community public service center. In 1992, the station responded to an average of six and one-half (6.5) emergency calls per day, or 2,377 for the year. In the event of another major earthquake, Fire Station 2 will be a key response station for emergency services for the City. Unless work is done to retrofit Station 2 as proposed, community needs may not be met in the event of a major · earthquake. Our Proposal will facilitate continuation of vital public services. We look forward to your favorable consideration. If you have any questions, please contact Ms. Marian Shaw, Engineer III, at 805/326-3579. Si ~nc~reJy, ,,,.,'/,//' ' City Manager ?~ AT:jp Enclosures more traditional children's writers. their first "Rock-a-bye And' it is he ,says, that baby," chl~tlreh learn tWo im- them- portant 4~ct~,/ofi life~ 1) The/~ ,: ~ ~:,~ -: . "' . :* HENRY BARRIO.~ Th~Californian · ,~ , .~. . onrecord Bakersflelcrs Family Plan, ninE AsSOCiates. . re -- 'a ,Chill of Bakersfield's Only Abor:ion clinic LeaveSCity With Fewer Options, Greater Fears- Of course. What musl, the neighbors think? BuL this , is America, they told one another, and we uphold ~ free speech. Excepl~ for the few who complained of' i~ not a ~;ord you harassment to the city attorney, most seem to have ::~ ;borne the bgr~.~l~,with good will. ~, '. , of preghancy" 'sounds so ,much ,~ ~" in April .~h~ :l~t~e~~ ~ind ~fieSt.~]~air~rted to And,by using the euphemism, arrive at certain obstetricianS' offices', Anquiring ~ssential extra .seconds-- whether the doctor performs abortions or refers digests your meaning--to arm qfi~ttle, patients to clinics that perform them. ) ~:m. o~ Sept. 20, Bakersfield seemed like Dr. Tracy Flanagan, 36, an ob/gyn physician then city with a li.vely abortion debate--a [ in private practice, received such a letter and was you didn't have to watch your I outragc, I at the implied intimidation and threat. She back. [ refused to answer, and received a second letter. t-he years, without m~st people no~icing, which gave her a deadline and warned: "If we do not · receive a response from you. we will consider this to became an argument and then a war--its Ji,i,iE ROGEt?S ~ TheCalifornian be an indication that you perform abortions." ftrbd on that fateful Mondav when a figure Bakersfield abortion-rights supporter Deborah It also said she would be "outed"--a tactic that in-'the pre-dawn chili, l~oured gasoline of the only place in town that Voll~er, I~ft, al~l foe Luar~ne Aakho$ 8rgu~, involves publishing names of do,tots who allegedly abortions, and burned it to the perform abor.tions and picketing at those doctors' -" In hindsight, it is clear that Bakersfield was a hot homes and offices. In a small city like this, with about ~nfllion fire ,I l,~;,,,'.l' l~l',,H,i~,,.~ A~;soci-spot waiting to ignite. Eight years ago the local 50 ob/gyns for a population of 200.000. such publicity 'fierce it 'twisted ~teei beams into molten newspaper, the Bakersfield CaliforniatL began to could ruin a practice. s'~i.nd demolished eight other businesses--all chronicle anti-abortion events: small prayer vigils at Flanagan, who has since left Bakersfield ~.o · for. the night--including one that provides churches, which grew into big prayer marches on become an assistant professor of obstetrics/gynecol- terminally; ill. , escalated into: d~m0n,: · ogy at University of California, San Francisco, says - , she was f,?/ghtened both for'herself and her family. "Some colleagues I shouldfft anSwei*, Oth~r~ ' lto Orb[est the . Ounn had. C. -me just'! _ , people Would go, Sol Sent a · letter saying I did'nOt perform abortions, which .was ~. ? . ...... ~O~,reet at the time~ : :. !~ ~., ;i :;~ ~,. ~' ~i' · .... ..- ~. . paper or left tl~&ir offices for lunch. Em~,raSSing? .~ l'lea'~e ~ee CHILL, E3 :of Babes -Talk. o.f FamilY and· Liberty' C: ~rSs~,w'r" ' "' " to make another color .... We learned our about North; South, East and West." th~ belief 'Jz~,~.i~ ABCs .... Wednesday we went exploring So much to learn! I agree with. is'm&.e.,~ than: just -~,,~ a-lrr~n~r~-" ' to pick up leaves that had fallen from the Belanger: That year before first gra, fl "We learned about tasting. We tasted be mandatory. the'family · sour pickles, sweet marshmallows, bitter Even more revealing of how childr, ~en piodu~ a newspa- It isn't exactly newsy, but it does indicate chocolate, salty pretzels .... We learned understand their own cultural environme A.M. NeWS/ that kindergartners do something beside about Jewish people who celebrate Hanuk- are the insights from a discussion t~inderga~'~ners, they play R1ng-Around-the-Rosie. kah with a menorah .... We were talking family--what it means: rl.~fi~aper--they simply For example, from various editions we about Mexicans, Asians, and Afro-Ameri- "Family is when they barbecue for y, thoOghts once a week in find them engaged in a variety of experi- cans--we are ali alike and different .... in the back yard .... A family is someo ~ ~em down on a ences: "We talked about shaPes: triangle, We learned about equal and one-half and that watches over the kids .... Dad, At the:end of the rectangle, square and circle. We cut shapes one-third and one-fourth:... We talked goes to work .... They can watch TV a } :daughter tra~- out of magazines .... We made butter, about rhyming words .... We saw a they gosomewhere." .I.*~.;.e.o ~.,~ ~ .b,~fe . RS,-e 1:1 n.t oronm in inre nnd' ,~on ufo r'hiokon rn,,vo n,t or ~ho ,~-g,~hell .... We Evidently. at Jhat a~e they do CHILL chairs in the waiting room at the ist and it goes against his grain, with school guidance counselors, drive them to another city," the "beefed up since the fire.' Bakersfield Planned Parenthood Since 1989, we've been referring provided that the names of the counselor says. - "Thc fire created a great crisis,"i · .- were filled With "refugees" from those cases to Family Planning school and the counselor were not "And what do they tell their he says, because the burned-down ~' "~ - the burned:out clinic, .which had Associates. In fact, almost every used, and that the identities were parents if they disappear for a clinic offered health services for' Continued f~m El' ob/gyn in town referred their elec- in no way recognizable, whole day? And where do they get "You ,,have t~ ta~l~md'Bak-' .provided a wide range of women's low-income and often uninsured health serviceS, including cancer tire abortion cases there, Until the The educators interviewed say the money for all this? Most of our women who can't get those scrvic- ersfield, Flana~il~d,../"It's a screening and birth control, fire it was no big deal." they are afraid--for themselves kids would never tell their parents born-a~in-ChriaUa~ki~d of town No matter .where they went, or Since the fire, phones to Family -and for the pr. egnant children they're pregnant, unless they de- es anywhere else. in whie& them'sal~.~,mpathy:' to whom -they spoke, women in Planning Associates have been whom they counsel, who already ride to have the baby. "Along with cancer screening,' for the anti-al~rtii6nmowment. - Bakersfield 'who wanted to termi- hooked up to its Fresno branch, have problems enough. Those who "Before Family Planning Asso- birth control and other preventive, What some ~in;'tlie .community hate a pregnancy were told it could When reporters phone, they are choose abortion may be confronted elates burned, it was difficult health measures, FPA did tubab also say is tha[Bake~q~leld.i~ ~mall not be done in town. The nearest told, "No one here will talk to the with no access to transportation, no enough for kids who decided on ligations and sterilizations, which', and coheSive en~iugh so that ff ~!ac6s were Fresno, Ventura, or press. We are instructed to hang access to a phone from which they abortion to arrange it. But most we do not do," Hanson says. "Now- you're.not with the maj~Ry on any' Los Angeles~each about two up."Andtheydo, can make long-distance calls to managed somehow. Now, we fear there's a tremendous barrier of given is~e, y0u.~fl~l ~ c~n~id- hours away by c~ar. And, it seems, anyone in town clinics in other cities, .perhaps no there will be tragedies because time and distance for these women.. ered agairkqt ,the~i. Andff you're' -. No big deal, you -might think, who works for a health-care facili- one to talk to about their plight--or they can*t get to Fresno, Ventura To people with a car, insurance, ty, from telephone operators to all theabove, or Los Angeles--they haven't thc and cash. it doesn't mean a thing: against them?~'s.-~where to.. Jtmt hop in your car and go. But hide from ~h~~~ t~ '~:~u'd .be' wrong~ As one school · administrators and physicians, is "We are an oil, farming and skills and capability to find a For a person who has none of those,. which you ~~ tn '.~ffieial, w,l~, requested anonymity, * afraid to speak on the record. The industrial community with a high way--and we are frightened of things, it is insurmountable." such a's~}~i~'j~n.~th . explainedt. Bakersfield is in a time same goes for county health offi- transient population," says one what they will do to themselves." While Hanson spoke with a re-: so mu~.h ~ra~~ .~ '.{ts · ,&arp~ For'many, the outside world rials, school officials, and even counselor. "We have a good many In Bakersfield, these educators porter, his waiting room was filled -sUr'face.. '. '- '~ ' . ~ never penetrates. And for these people on the street who seem poor students,.some of whom have say, it's mostly the rich kids who with giggling teen-age girls who .., In faet?~.~.~.~.~ '.h~ eAans .. peopl~,?l~s Angeles seems as far eager to discuss the fire and. the_ abusive parents or parents on alco- swiftly and secretly get abortions, had apparently car-pooled from -.who ~.fforlned;iga~!~t~the a~ray as~ gurOpe does to me or you. issues surrounding it, but seem hol or drugs. Some students don't "They feel empowered, that they various outlying areas so they~ :-Family'P!anntng'~sOeiatez'~linic' "It's- inconceivable to them that even more frightened of cepercus- ' even have a home to go to at night, have control over their own lives; could take their pregnancy tests . ,even lived:.,in-Ba~d, l~lana- they would be able to arrange such sions if their views become known, and no one to help them make such they want to graduate high school together. gansaid..'t%eyfla~?~aeh - atrlpforsuehapurpose." The director of a community a big decision about whether to and go to college. Tl~ey have day for.their '~t~:~hen When calls didn't taper off as health-care facility that offers have the baby or not--except for friends or family members with a Of six girls in one group, only ai' flew ouL Y0~lly~~essai'y? expected'at Ke/'n Medical Center, pregnancy testing, obstetrics and school counselors iikeus, car and cash. They find a way." 15-year-old was pregnant. She "No local doc~,Jiloihat' work officials placed an 'ad ih the Bak- gynecological care but does not "We give them the name of Many poor kids don't want abor- told a reporter she did not believd :and live. ia,tliat.t,~,,~.'n,~he~uld, ersfield Californian, saying that the perform elective abortions, de- three medical facilities in town, . lions, the counselors say, either out in abortion, that she would hav~ As a waltr~:';~n a-, midtown facility doe~ not do elective abor- clined to talk to a reporter. Finally, where they can get birth-control of religious conviction, a desire to thc baoy. and she hoped her par- lions--Lc,, abortions not consid- after several calls, an associate of information and, hopefully, some have something that really belongs ents would help her care for it. "Of ~coff_e~, sbop~ ~rlffield 4oesr~,tLl~,]~V~.i~:~.-I know ered medically necessary--under the director took the phone and good guidanceon their options." to them, or a lack of belief in their coursz, they know nothing about w0m~~:;~g[ ab0rtions 'any Circumstances for anyone, said: "Who knows where the nuts "It sounds simple, .if you don't own futures. And perhaps just as it," he'- incnds said they would not .here ~{,.~a~, iUg~n~U-~r A Kern Medical Center official, arc, and what they will do next? know the reality," says another often', the counselors say, these conaae:' abortion if they'd turned othe~¥~~'~efr used, We do not want our clinic name his counselor· "But the truth is that teens don't get abortions because up prem~ant, either. "No one here who did not want -name case i,t.i_.t~.(Lhad to bedone:?". ~;i ' said the hospital performed elec- even mentioned in a newspaper kids who are accidentally pregnant they just can't put all the pieces of thinks n s right," said one of them. · Thq,~~'~~ct live abortions until 1989 (a year in article that uses the word abortion, and don't feel ready for a baby are the puzzle together before it's too A F)-ycar-old girl who turned may have,-i~la,,evigent,.~t!I..Fire which local abortion foes stepped We don't want trouble here." in a tragic position now that the late. out ~o bc pregnant saw only one ~arshal: '[~. y~q~er,'-tn~ellarge of up t~eir proteSts). Thomas Jones, superintendent of clinic has burned down. Stephen Hanson, a physician as- option. She already has one child, "That year~ the chairman of the the Kern High School District, "Even if they learn where abor- sistant and manager of Bakersfield she said. and could not care for investig .ati~g the.~~ere .was 6e~'er~~~vert ob/gyn department was replaced politely declined to discuss aboi'- tions are available,, they may lack Planned Parenthood, is one of the another. }~o~,.ili. ty.~.~g~ti_k,e,- and the hospital policy was tion as it relates to pregnant teen- the ability to obtain one. Many few people in the city willing to this [fi~:J~~~:dtdn t changed.- Our faculty physicians agers in his schools, because "We, students--freshmen and sopho- talk for the rec6rd. His facility does Will she consider aborlion,' h~ve .~.,~~f .~what decided abortion was against their as a school district, 'have no policy mores especially--don't l~ave Ii- not perform abortions, he empha- though ~here's no place to get one would,~~( ' moral values. The new chairman on that. It is an issue very deeply censes or cars or friends with cars· sizes, but nonetheless has been in town': decided we ~ould no longer do the dividing our community." It is even difficult for them to get subjected to threats, and round- "Of course I will. If I can"t get ' - ;P td&~,. ~ ~?ig~,. ' procedure. He is a fertility special- He agreed to permit interviews into town, let alone find someone to the-clock security has been one, I'll try to do it myself.' Bak~,s[~!d's' '~. awakening uecurred..tli/~ ~-after' the doesn't betie~e in,~ r~ it was a eitywh're ~°n was '° Sometimes it longer available. - Switehbi~arda a't I~"Medi~fl enCenter, a countythewere searching gutted flooded with ~inic. for an cl~ztrom lm~.alth iiltei .'~a. tire' · ""~. morethan two people Counselors at the city's 1'2 high csch°°ls were booig~l solid in tohave ababy girls-~and boyfriends--wh~' get Kern 'The Center for ReProductive Medicine at Century City Hospital at its brings new hope to the one out of. six couples unable to conceive i, because ofin~. est The Center has established a reputation for successful IVF. ' . is rising. (In Viir6'Fertiliza~i..o'IO birt~ based on two priorities: dedi~. Jion '....were. :employing the~attst.tedmolo~J advances, combined, Wi~h. a.full understanding0fthe uniqueness of each individual case. . . ... _ ':' we aon, o rresou ces to women m: We .. tr~ing as long aS ttie'coupledoegWe, are proud of our su.dcesses'. TheC.~iteroffers a c~iring and ceafideptial environment BAKERSFIELD MEMORANDUM TO: ALAN TANDY, CITY MANAGER /,/J., ..,, / FROM: OFFICE OF RISK MANAGEMENT .~.r~'~ ~'- SUBJECT: CLAIMS ACTIVITY REPORT FOR THE MONTH OF SEPTEMBER 1993 The claims activity during the month of September 1993 was a result of actions in the following City Departments/Divisions: NEW DEPARTMENT/DIVISION CLAIMS FILED FILES CLOSED COMPLAINTS FILED Parks 5 I 0 Police 4 3 0 Streets 2 0 1 Sanitation. 2 0 0 Convention Center 1 0 0 Engineering 0 I 0 14 5 1 The new claims filed during the month of September 199,3 resulted in the following types of damages: CITY THIRD PARTY DAMAGES DEPARTMENT/DIVISION VEHICLE INVOLVED .VEHICLE DAMAGE OTHER PROPERTY INJURIES Parks 1 2 1 3 Police 1 1 2 1 Streets 0 1 0 1 Sanitation I I I 0 Convention Center 0 0 0 I 3 5 4 6 As a result of the September activity, the year to date (fiscal) totals are as follows: Claims Filed Claims Filed # of Claims Department/Division in September Year to Date Open @ 9/30/93 Police 4 14 51 Streets 2 7 23 Sanitation 2 3 10 Parks 5 9 7 Engineering 0 0 3 Convention Center I 2 3 Executive 0 I 2 Fire 0 I 2 General Services 0 0 2 Recreation 0 0 2 Building 0 0 1 Water 0 I I 14 38 107 Claims Activity Report- September 1993 Page 3 PARKS Thomas John Kelly, 15401 Manon Drive, DOL: 7/28/93; Claim is for damages allegedly caused when a child fell from a park slide at Siemon Park. Michael A. CipPerley, 10009 Tuscarora Drive, DOL: 8/2/93; Claim is for damages allegedly caused when the claimant was hit by a ball from a baseball diamond at Beach Park. Jesie Nebrida, 6617 Hammond Way, DOL: 6/3/93; . Claim is for damages allegedly caused when a Parks Division vehicle rear ended the claimant on 24th Street. Robert W. Knox, 800 Oleander Avenue, DOL: 9/4/93; Claim is' for damages allegedly caused when a tree branch fell onto.claimant's vehicle on Forrest and Oleander Streets. Sylvia McCarthy, 3101 Coventry Drive, #130, DOL: 9/11/93; Claim is for damages allegedly caused by the negligence of a Parks Division employee at Grissom Park. POLICE DEPARTMENT Karin A. Hart, 1429 Baker Street, #A, DOL: 8/8/93; Claimant alleges activity by the Police Department caused damage to her residence. Transamerica Insurance as subrogee of John Campbell and Robyn Rochelle Campbell, P.O. Box 1985, Battlecrsek, MI, DOL: 8/25/93; Claim is for damages allegedly caused by the negligent operation of a Police Department vehicle in the 1200 block of McCurdy Street. Danny Villa, '7001 White Lane, #118, DOL: 4/10/93; Claimant alleges damages caused by the actions of a Police Department officer. Rod Thornburg, 3900 University Avenue, DOL: 9/15/93; Claimant alleges damages caused by the actions of Police Department officers at the Convention Center.. STREETS Anthonla Beltran Elkadi, 1300 Niles Street, #C, DOL: 5/12/93; Claim is for damages allegedly caused by a defective City street curb at 1300 Niles Street. Eleanor Ann Pat Doberneck, 301 Lowry Place, Frazler Park, DOL: 3/30/93; Claim is for damages allegedly caused when claimant fell on a City sidewalk at 2010 17th Street. Claims Activity Report - September 1993 Page 4 SANITATION Delores Gonzales, 1900 Forrest Avenue, DOL: 5/2/93; Claim is for damages allegedly caused when a Sanitation Division alley bin damaged claimant's fence at 1900 Forrest Avenue. Karen Elisa Goodchild, 5612 Carissa Avenue, DOL: 5/3/93; Claim is for damages allegedly caused when a Sanitation Division truck backed into the claimant's vehicle at Collins and California Avenues. CONVENTION CENTER Pamela and Buddy Blanchard, c/o Law Offices of George A. Boyle, 416 Truxtun Avenue, DOL: 3/7/93; Claim is for damages allegedly caused when claimant slipped and fell at the Convention Center. CLAIMS CLOSED/SETTLED DURING THE MONTH OF SEPTEMBER PARKS Nora Tomlin, DOL: 7/2/93; Claim is for damages allegedly caused when a Parks Division vehicle backed into claimant's parked vehicle. City settled case for $707. POLICE Karen Ann Shannon, DOL: 6/27/93; Claim is for damages allegedly caused when a Police Department vehicle collided with the claimant's vehicle. City settled case for $1,475. Darwin Leon Young, DOL: 7/15/93; Claim is for damages allegedly caused when Police Department officers damaged claimant's windows. City settled case for $80, Donald Gooding, DOL: 7/13/93; Claim is for damages to a fence allegedly caused by a Police department officer. City settled case for $86. TRAFFIC ENGINEERING Teresa McKinney, DOL: i0/27/92; Claim is for damages allegedly caused when a traffic signal light malfunctioned and caused a vehicle accident. Closed - no court filings. Claims Activity Report - September 1993 Page 5 CLAIMS WITH RESULTING coMPLAINT AND/OR SUMMONS FILED DURING THE MONTH OF SEPTEMBER STREETS Southern Pacific Transportation Company, DOL: 3/7/93; Claim is for damages allegedly caused by a street defect when an employee of the claimant fell on a City street. cc: City Council Lawrence Lunardini, City Attorney City Clerk's Office - Natalie Welty Newsmedia File BAKERSFIELD PUBLIC WORKS DEPARTMENT MEMORANDUM TO: ALAN TANDY, CITY MANAGER FROM: ED W. SCHULZ, PUBLIC WORKS DIRECTOR BY: FRED L. KLOEPPER, ASSISTANT PUBLIC WORKS DIRECTOR/"I fO, DATE: SEPTEMBER 9, 1993 ,~.~ t~ J SUBJECT: SIGNAL AT PANAMA LANE AND SOUTH "H" STREET, PANAMA LANE EAST OF STATE HIGHWAY 99 (Councilmember Mark C. Salvaggio's 9-8-93 Inquiry - Ward 7) /"~- '~r'~ / Panama Lane at So~h "/-/" S~eet' The contract was sent to Granite Construction this week. ~/~ The controlling factor in beginning the work will be delivery of the signal standards. Delivery of these materials were taking up to six months, but recently the lead time has been reduced to 2-3 months. The earliest construction might begin is about December 1, 1993. The preconstruction meeting will occur shortly before beginning construction. Panama taneea~ qfSta~ Hi,ghwa~ 99 Our Traffic section has been reviewing the turn situation on Panama Lane in the vicinity of the In-n-Out restaurant. Steve Walker's September 2, 1993 memo is attached for your information. The Traffic section is currently working on possible alternatives to control or restrict left turns, including construction of median curbs. All designs or alternatives must be sensitive to the access requirements for the existing Denny's Restaurant on the south side of Panama Lane. Dll.~o Attachment cc: Steve Walker, Traffic Engineer TO: E. W. SCH~L~, PUBLI~ WORK~ DIRECTOR ~ FROM: ~T~PH£N L. WALK~R, ~TRAF~I~ ENGIN£~R DATE: SEPTEMBER 2, ~993 S~BJE~T: VEHI~L~ TURNING MOVEMENT~ CO~PLAINT - UPDATE SUMMARY L~CATI~N: ON PANAMA LANE EAST OF SR99 AT IN-N-OUT BUR~ER COUNCIL WARD: ? We are continuing to explore.ways to reduce or elimznate the left turn into the In-n-Out Burger on Panama Lane. A simple painted median will not work because that would also prohibit turns into the Denny's on the south side whlch has no legitimate alternate access. An island of some sort must be created to even post a sign prohibiting the left t,urns east to north. The In-n-Out wa~ .desZgned with another access off Colony Street to the north of Panama Lane since it' was known, that eventually a left turn prohibition Would occur. The Police Department has advlsed me that they see nc problem with the current operation although significant increases in traffic will eventually cause more potential oon~licts, since the adjacent warehouse building supply has opened and may bring more traffic, I am Obtaining information and data to design a turn channelization/restriction for that section .of the ro~. I will keep you advised of our progresS. cc: ~Z~red Kloepper, Assistant P,~blic ~orks '~irector Public Works memo ?ile L'affiu File File: iN&Ob~R. P~N CITY COUNCIL REFERRAL MEETING OF: 09/08/93 REFERRED TO: PUBLIC' WORKS E SCHULZ ITEM: RECORD~ 12388 ' Traffic signal at the intersection Of Panama Lane and South H Street. (Salvaggio) ACTION TAKEN BY COUNC.IL: SALVAGGIO REQUESTED STAFF EXPEDITE THE PLACING OF · A.TRAFFIC SIGNAL AT THE INTERSECTION OF PANAMA LANE AND SOUTH H STREET AND TO INFORM HIM OF WHEN THE PRE-CONSTRUCTION MEETING IS, BACKUP MATERIAL ATTACHED: NO DATE FORWARDED BY CITY CLERK: 09/10/93 NOTE: STATUS 'CHANGES ARE TO BE ENTERED FOR EACH REFERRAL AT LEAST ONCE A MONTH EVEN IF NO ACTION HAS BEEN TAKEN! CITY OF' BAKERSFIELD 10/06/93 ADMINISTRATIVE ACTION SYSTEM Record#: 12388 Origination Date: 09/08/93 Project Title: Description: Traffic .signal at the intersection of Panama Lane and South H Street. (SalYaggio) 'Dept/Committee: PW PUBLIC WORKS Staff: E SCHULZ Ward: W7 WARD7 Completion Date: Assigned To: Authorized By: 'Date ACTION TO BE TAKEN By Done 08/27/93 CONTRACT SENT TO GRANITE CONSTRUCTION. 09/09/93 STATUS SUBMITTED TO CITY MANAGER. FLK Date ACTION COMPLETED By Hfs Footnotes 'THE CONTROLLING FACTOR IN BEGINNING THE NORK WILL BE DELIVERY OF THE. SIGNAL STANDARDS. DELIVERY OF THESE MATERIALS WERE TAKING UP TO six. MONTHS, BUT RECENTLY THE LEAD TIME HAS BEEN REDUCED TO 2-3 MONTHS. THE EARLIEST CONSTRUCTION MIGHT BEGIN IS ABOUT DECEMBER 1, 1993. THE PRECONSTRUCTIONMEETING WILL OCCUR SHORTLY BEFORE BEGINNING CONSTRUCTION. CITY OF BAKERSFIELD 10/06/93 ADMINISTRATIVE ACTION SYSTEbi Record#: 12407 Origination Date: 09/22/93 Project Title: Description: Correspondence received from David Price III, Resource Management Agency, dated September 1, 1993,' regarding Recycling Market Development Zone (RMDZ) application designation. Dept/Committee: EDCD{}W&S Staff: Ward: CW CITYWIDE Completion Date: Assigned To: Authorized By:' Date ACTION TO BE TAKEN By Done' Date ACTION COMPLETED By Hrs Footnotes CITY COUNCIL REFERRAL MEETING OF: 09/22/93 REFERRED TO' ECONOMIC/COMMUNITY DEVELOPMENT DEPARTMENT J WAGER REFERRED TO: WATER/SANITAT'ION DEPT ITEM: RECORD~ 12407 Correspondence received, from David Price III, Resource Management Agency, dated September 1, 1993, regarding Recycling Market Development Zone (RMDZ) application designation. ACTION TAKEN BY COUNCIL: RECEIVE AND REFER TO ECONOMIC DEVELOPMENT AND WATER AND SANITATION DEPARTMENTS. APPROVED, AB' KM. BACKUP MATERIAL ATTACHED: YES DATE FORWARDED BY CITY CLERK: 09/24/93 ;RESOURCE MANAGEMENT AGENCY J, OEL NEINRICHS, AGENCY DIRECTOR ~" Air Pollution Control District · Engln#rlng & Survey Services Department · Planning · Development Services Department Tranq~rtatlon Management Department'* Waste Management Department Phone: (8l~) 861~,1~ ~ 270~ 'M' STREET, SUITE ~4 FAX: (805) 861-3429 O BAKERSFIELD, CA 93301 September 1, 1993 ~o co Bakersfield City Council o City of Bakersfield r~ c~ 1501 Truxtun Avenue == Bakersfield, CA 93301 RE: RECYCLING MARKET DEVELOPMENT ZONE APPLICATION DESIGNATION · Dear Honorable Mayor and City Council Members: The County of Kern will be applying soon for one of eight Recycling Market Development Zone (RMDZ) designations from the California Integrated Waste Management Board. The County's portion of the application will affect the unincorpora .tgt area of the County that has industrial and the more intensive commercial zone designations. Your Council will be asked by your City staff to join with the County as a co-applicant for this designation so that your City can also be included in the Zone. The RMDZ will be used as a tool to attract businesses to Kern County that will use 'recycled feedstock' in their manufacturing process. An RMDZ would benefit our local economy by reducing the distance for shipping recyclables, creating jobs, diverting solid waste from the landfills, and expanding the local tax base.. It is also a means to streamline new business start-up by providing a local contact person and centraliTed source of information necessary for project review and approvals. The new or expanded manufacturing businesses locating in an RMDZ are eligible for special recycling investment tax credit and low' interest, revolving fund loan programs offered through the Califomia Integrated Waste Management Board. Both of these programs can provide significant savings to business firms, thereby increasing profitability. Once established, the availability of the RMDZ would be widely promoted by the Kern County Board of Trade and the Kern Economic Development Corporation would promote the RMDZ to their clients. I am meeting with the staff of each City to extend this invitation to participate ~d to explain the type of information we require in order to include your City in the application. The cost of the application process, including the staff from the County involved in drafting the application, is being borne by the Kern County Waste Management Department. The only cost to your City is the stafftime and materials required fOr submitting your part of the application and for any incentives or future program support your Council may authorize as part of the project. Bakersfield City Council City of Bakersfield September 1, 1993 Page 2 We anticipate providing your City with copies of the application during the week of October 4, 1993. We are coordinating' the submittal of this information with your staff so that you will each have an opportunity to review the document prior its being considered by your Council. At that time, we intend to ask your Council to act on a resolution approving the application and designating the County of Kern as lead agency for submittal of the application and for California Environmental Quality Act compliance. The Council meetings to consider the application are scheduled to take place during the period of mid-OcWber through mid-November and we have scheduled this matter for your Council meeting on October 2?, 1993. The deadline for submitting compl.e, te applications to the California Integrated Waste Management Board is November 30, 19~3,. Although we have a very shor~ period of time in order to complete this work, it can. be done,With the cooperation of all those involved. We appreciate the consideration your staff has already given to this project and I am available to meet with anyone interested in receiving more information about this important program. If you have any questions about this project or your City's involvement, please feel free to contact your staff or me at 805/861-3502 or' 800/552-53?6 (enter #5-Resource Management at the prompt). Sincerely, David Price III Assistant Director and RMDZ Application Project Manager r DP:dc DLI3A.D2 cc: SR From: Return Keep or toss ~st.l~TM ~J. pad 76~ RESOU*RC~= MANAGEMENT AGENCY JOEL HEINRICHS, AGENCY DIRECTO, R Air Pollution Control Dletdct · Engineering & Survey Services Department · Planning & Development Services Department Tranlportatlon Management Department · Waste Management Department Phone: (805) 861-3502 2700 "M" STRE .E~'..,. SUITE 350 FAX: (805) 861-3429 ~ BAKERSFIELD, CA 93301 September 1, 1993 Bakersfield City Council City of Bakersfield 1501 Truxtun Avenue Bakersfield, CA 93301 RE: RECYCLING MARKET DEVELOPMENT ZONE APPLICATION .DESIGNATION Dear Honorable Mayor and City Council Members: The County of Kern will be applying soon for one of eight Recycling Market Development Zone (RMDZ) designations from the California Integrated Waste Management Board. The County's portion of the application will affect the unincorporated area of the County that has industrial and the more intensive commercial zone designations. Your Council will be asked by your City staff to join with the County as a co-applicant for this designation so that your City can also be included in the Zone. The RMDZ will be used as a tool to attract businesses to Kern County that will use recycled feedstock in their manufacturing process. An RlVlDZ would benefit our local economy by reducing the distance for shipping recyclables, creating jobs, diverting solid waste from the landfills, and expanding thc local tax base. It is also a means to. streamline new business start-up by providing a local contact person and eenmdized source of information necessary for project review and approvals. The new or expanded manufacturing businesses locating in an RMDZ are eligible for special recycling investment tax credit and low interest, revolving fund loan programs offered through the California Integrated Waste Management Board. Both of these programs can provide significant savings to business firms, thereby increasing profitability. Once established, the availability of the RMDz would be widely promoted by the Kern County Board of Trade and the Kern Economic Development Corporation would promote the RlVlDZ to their clients. I am meeting with the staff of each City to extend this invitation to participate and to explain the type of information we require in order to include your City in the application. The cost of the application process, including the staff from the County involved in drafting the application, is being borne by the Kern County Waste Management Department. The only cost to your City ClT~" ~l^NaGi~l~e staff time and materials required for submitting your part of the application and for any incentives or future program support your Council may authorize as part of the project. OCT 95 ~ >3 PRINTED ON RECYCLED PAPER Bakersfield City Council City of Bakersfield September 1, 1993 Page 2 We anticipate providing your City with copies of the application during the week of October 4, 1993. We are coordinating the submittal of this information with your staff so that you will each have an opportunity to review the document prior its being considered by your Council. At that time, we intend to ask your Council to act on a resolution approving the application and designating the County of Kern as lead agency for submittal of the application and for California Environmental Quality Act compliance. The Council meetings to consider the application are scheduled to take place during the period of mid-October through mid-November and we have scheduled this matter for your Council meeting on October 27, 1993. The deadline for submitting complete applications to the California Integrated Waste Management Board is November 30, 1993. Although we have a very short period of time in order to complete this work, it can be done with the cooperation of all those involved. We appreciate the consideration your staff has already given to this project and I am available to meet with anyone interested in receiving more information about this important program. If you have any questions about this project or your City's involvement, please feel free to contact your staff or me at 805/861-3502 or 800/552-5376 (enter//5-Resource Management at the promp0. Sincerely, David Price BI Assistant Director and RMDZ Application Project Manager DP:dc DLISA.D2 cc: SR BAKERSFIELD PUBLIC WORKS DEPARTMENT MEMORANDUM TO: ALAN TANDY, CITY MANAGER FROM: ED W. SCHULZ, PUBLIC WORKS DIRECTOR BY: FRED L. KLOEPPER, ASSISTANT PUBLIC WORKS DIRECTOR/",~ ~C, DATE: SEPTEMBER 9, 1993 . SUBJECT: SIGNAL AT PANAMA LANE AND SOUTH "H" STREET, PANAMA LANE EAST OF STATE HIGHWAY 99 (Councilmember Mark C. Salvaggio's 9-8-93 Inquiry - Ward 7) Panama LaneatSo~h"~'Smeet The contract was sent to Granite Construction this week. The controlling factor in beginning the work will be delivery of the signal standards. Delivery of these materials were taking up to six months, but recently the lead time has been reduced to 2-3 months. The earliest construction might begin is about December 1, 1993. The preconstruction meeting will occur shortly before beginning construction. Panama LaneeastofSm~ Highway99 Our Traffic section has been reviewing the turn situation ~/. on Panama Lane in the vicinity of. the In-n-Out ~/~3~ restaurant. Steve Walker's September 2, 1993 memo is attached for your information. The Traffic section is currently working on possible alternatives to control or restrict left turns, including construction of median curbs. All designs or alternatives must be sensitive to the access requirements for the existing Denny's Restaurant on the south side of Panama Lane. Dll.~o Attachment cc: Steve Walker, Traffic Engineer C T¥ COU CZ. R FERRA. MEETING OF: 09/08/93 SEP 1 2 993 REFERRED TO: PUBLIG.'WORKS E SCHULZ PUBLIC WORKS DE~RTUEN?' ITEM: RECORD~ '~-2385 Yehic]e turning movements complaint at State Route 99 and In 'n Out Burger. (Sa]vag9~o) ACTION TAKEN BY COUNCIL: SALVAGGIO REFERRED TO STAFF THE MEMO FROH TRAFFIC ENGINEER WALKER TO PUBLIC_WORKS DIRECTOR SCHULZ, DATED SEPTEMBER 2, 1993, REGARDING VEHICLE TURNING MOVEMENTS COMPLAINT AT' STATE ROUTE 99 AND IN 'N OUT BURGER, TO REVIEW AND REPORT BACK WITH UPDATES, BACKUP MATERIAL ATTACHED: NO DATE FORWARDED BY CITY CLERK: 09/10/93 RESPOND BY: 09/22/93 (CH) NOTE: STATUS CHANGES ARE TO BE ENTERED FOE EACH REFERRAL AT LEAST ONCE A HONTH EVEN IF NO ACTION HAS BEEN TAKEN! TO: E. W. SCHULZ, PUBLIC WORKS DIRECTOR / ~/'~/~,.,~ PROM: ~TEPHEN L. WALKER, TRAFPIC ENGINEER DATE: SEPTEMBER' 2, SUBJECT: VEHICLE TURNING MOVEMENTS COMPLAINT - UPDATE SUi~MAR¥ LOCATION: ON PANAMA LANE EAST OF SR99 AT IN-N-OUT BURGER COUNCIL WARD: 7 We are continuing to explore ways Lo reduce or eliminate the le~t turn into the In-n-Out Burger on Panama Lane. A simple painted median will not work because that would also prohibit ~urns into the Denny's on the south side which ~as ~o legitimate alternate access. An island of some sort must be created Lo even post sign prohibiting the left turns east to north. The In-n-~ut designed with another access ~£f Colony Street to the north Panama Lane since it was known that event~sl~y a left tur~ prohibition would occur. The Police Department has ~dvised me that they see no probi~m with ~he current operation although signi~icant increases in traffic will eventually cause mo~e potential c~nflicts. Since the adjacent warehouse building supply has opened and may bring more traffic, I am obtaining in£crmation and data Lo design turn channelization/rest~iction £~r that section of the will keep you advised of ~ur progress. cc: loeppe~, Assistant P,~bli~ W~rks Qireo~or Publi~ Works ~ ?ile Traffic File CITY COUNCIL REFERRAL MEETING OF' 09/08/93 REFERRED TO: PUBLIC WORKS .E SCHULZ ITEM: RECORD~ 12385 Vehicle turning movements complaint at State Route 99 and In 'n Out Burger. (Salvaggio) ACTION TAKEN BY COUNCIL: SALVAGGIO REFERRED TO STAFF THE MEMO FROM TRAFFIC ENGINEER WALKER TO PUBLIC WORKS DIRECTOR SCHULZ, DATED SEPTEMBER 2, 1993~ REGARDING VEHICLE TURNING MOVEMENTS COMPLAINT.AT STATE ROUTE 99 AND. IN 'N OUT BURGER, TO REVIEW AND REPORT BACK WITH UPDATES. BACKUP MATERIAL ATTACHED: NO DATE FORWARDED BY CITY CLERK: 09/10/93 RESPOND BY: 09/22/93 NOTE: STATUS CHANGES ARE TO BE ENTERED FOR EACH REFERRAL AT LEAST ONCE .A MONTH EVEN IF NO ACTION HAS BEEN TAKEN! CITY OF BAKERSFIELD 10/0~/g3 ADNINISTRATIVE ACTION SYSTFJ~ Record#: 12385 Origination Date: 09/08/93 Project Title: Description: Vehicle turninf movements complaint at State Route 99 and In 'n Out Burger. (Salvaggio) Dept/Committee: PW PUBLIC WORKS Staff: E SCHULZ Ward: W7 WARD7 Completion Date: ~ssigned To: Authorized By: Date ACTION TO BE TAKEN By Done 09/09/93 UPDATE PROVIDED CITY MANAGER. F.KLOEPPER Date ' ACTION coMPLETED By Hfs Footnotes TRAFFIC SECTION REVIEWING TURN SITUATION ON PANAMA LANE IN VICINITY OF THE IN-N-OUT RESTAURANT. CURRENTLY WORKING ON POSSIBLE ALTERNATIVES TO CONTROL OR RESTRICT LEFT TURNS, iNCLUDING CONSTRUCTION OF MEDIAN'CURBS. ALL DESIGNS OR ALTERNATIVES MUST BE SENSITIVE TO THE ACCESS REQUIREMENTS FOR THE EXISTING DENNY'S RESTAURANT ON THE SOUTH SIDE OF PANAMA LANE. (FLK/SLW) RECORD# 12391 BAKERSFIELD PUBLIC WORKS DEPARTMENT MEMORANDUM TO: ALAN TANDY, CITY MANAGER FROM: ED W. SCHULZ, PUBLIC WORKS DIRECTOR BY: FRED L. KLOEPPER, ASSISTANT PUBLIC WORKS DIRECT~B/?~ DATE: SEPTEMBER 9, 1993 SUBJECT: SIGNAL AT 4TH/"P" STREETS, STOP SIGNS AT 4TH/"T" STREETS (Councilmember Lynn Edwards' 9-8-93 Inquiry - Ward 1) Signal~ 4~/"P"$~ee~ Work will begin on Monday, September 13, 1993. Construction will require 6-8 weeks to be completed. Stop Signs at4th/"~ Smeets Per the attached August 23, 1993 memorandum from Steve Walker, the intersection does not currently warrant installation of stop signs on 4th Street. Mr. Walker also notes that his staff will be reviewing the intersection after traffic has stabilized following the recent resumption of school. We also note that the canal crossing widening on 4th Street just west of "T" Street will be under construction when water volumes are reduced in the canal. Sight distance will be greatly enhanced when this work is completed. Dll.=o Attachment cc: Steve Walker, Traffic Engineer CIT~ MANAGER,~ TO: E. W. SCHUL~. PUBLIC WORKS DIRECTOR FROM: STEPHEN L.. WALKER, TRAFFIC ENGINEER /~J, DATE: AUOUST 23, 1993 SUBJECT: Update.on Request LOCATION: 4th and T Streets COUNCIL WARD: For your /nforma~/on, we are scheduling another £eVleW o~ the intersection of 4%h and T Streets. The Intersection had been revzewed this summer al=er a request was recexved. The review did not Indicate warrants for a multi-way stop based on volumes. The intersection had only one acc/dent recorded in a year perlo~ and it was of a type mot "correctable" by stop ~l~ns. Since this area Is close to a achool an~ traffic pa%terns can ~e much different during the school year with ~ts asffioc/ate~ tra~flc increases, a complete new study will be per~ormeO soon a~ter the school year begins. Schools start on August 30th this year. i w~ll keep you informed of our fln~ings. ~a~ues _aRc~neEe. C~ 21 - Tr~ffi~ C~epa~!ons SEP 1 3 1993 MEETING OF: 09/08/93 PUBLIC WORKS DEPART. MEN7 REFERRED TO:.PUI~LIC WORKS E $CHULZ ITEM: RECORD~ 12391 Boulevard stop at 4th and T Streets, near McKinley School. (Edwards) ACTION TAKEN BY COUNCIL: EDWARDS REQUESTED STAFF ACCELERATE THE INSTALLATION OF A BOULEVARD STOP AT 4TH AND T STREETS (NEAR MCKINLEY SCHOOL). BACKUP MATERIAE ATTACHED: NO DATE FORWARDED BY CITY CLERK: 09/10/93 NOTE: STATUS CHANGES ARE TO BE ENTERED FOR EACH REFERRAL AT LEAST ONCE A MONTH EVEN IF NO ACTION HAS BEEN TAKEN! CITY COUNCIL REFERRAL MEETING OF: 09/08/93 REFERRED TO: PUBLIC WORKS E SCHULZ ITEM: RECORD~ 12391 · Boulevard stop at 4th and T Streets, near McKinley School. (Edwards) 'ACT[ON TAKEN BY COUNCIL.: EDWARDS REQUESTED STAFF ACCELERATE THE INSTALLATION OF A BOULEVARD STOP AT 4TH AND T STREETS (NEAR MCKINLEY SCHOOL). BACKUP MATER[AL ATTACHED: NO DATE FORWARDED BY CITY CLERK: 09/10/93 NOTE: STATUS CHANGES ARE TO BE ENTERED FOR EACH REFERRAL AT LEAST ONCE A HONTH EVEN IF NO ACTION HAS BEEN TAKEN! CITY OF BAKERSFIELD 10/06/93 ADMINISTRATIVE ACTION SYSTEM Record#: 12391 Origination Date: 09/08/93 Project Title: Description: Boulevard stop at 4th and T Streets, near McKinleY School.' (Edwards) Dept/CO~ittee: PW PUBLIC WORKS ~ Staff: E SCHULZ Ward: W1 WARD1 Completion Date: Assigned To: Authorized By: Date ACTION TO BE TAKEN By Done 09/09/93STATUS REPORT SUBMITTED TO CITY MANAGER. F.KLOEPPER Date ACTION COMPLETED By Hfs FoOtnotes SIGNAL AT 4TH/"P" STREETS---WORK WILL BEGIN ON MONDAY, SEPTEMBER 13, ~993. CONSTRUCTION WILL REQUIRE 6-8 WEEKS TO BE COMPLETED. STOP SIGNS AT 4TH/"T" STREETS---THE INTERSECTION DOES NOT CURRENTLY WARRANT INSTALLATION OF STOP SIGNS ON 4TH STREET. THE CANAL CROSSING WIDENING ON 4TH STREET JUST WEST OF "T" STREET WILL BE UNDER CONSTRUCTION WHEN WATER VOLUMES ARE REDUCED IN THE CANAL. SIGHT DISTANCE WILL BE GREATLY ENHANCED WHEN THIS WORK IS COMPLETED. (Information submitted by Fred L. Kloepper, APWD) BAKERSFIELD MEMORANDUM ~/-~/ October 8, 1993 TO' ALAN TANDY, CI~<~A~AGER FROM: JOHN W. STINSO~, ASSISTANT C GER SUBJECT: METROPOLITAN RECREATION AND PARK PLAN UPDATE At the September 22, 1993, Council Meeting, Councilmember Brunni requested a progress report on the Metropolitan Recreation and Park Plan. Staff has been working with consultant Steve Hawkins to develop a timeline for various implementation scenarios in order to develop various options for the Council to consider. Due to the desire expressed by the Council for an advisory vote, the timing and scheduling of the public hearings and required engineering work needs to be coordinated very carefully. It is anticipated that preliminary timelines will be available for review in the near future. In addition, the City received a letter from the County requesting that the City meet with them regarding the formation of a County Service Area (CSA) for parks and recreation for the MetropOlitan Bakersfield Area. We attended, along with Lee Andersen and representatives from North Bakersfield and Bear Mountain Recreation and Park Districts. The County presented a draft of the proposed CSA concept which focused on four major areas for funding including: Kern River Parkway - Assessments would be levied on all metro Bakersfield residents; Park Maintenance for Unincorporated Areas - These assessments would provide funds for maintenance of parks in the unincorporated areas and would only be assessed in those areas; Park Development for Unincorporated Areas - These assessments would be for park development in the unincorporated areas and would only be assessed in those areas; Recreation Assessment - This would fund recreation programs in addition to what currently exists. The County discussed the conceptual proposal with those in attendance and agreed that there was sufficient interest to proceed with more detailed discussions and collection of fiscal data. They also indicated an interest by the Board of Supervisors to conduct an advisory vote in order to implement the proposed CSA. In addition, North Bakersfield indicated an interest in the County proposal and felt that their Board might require an advisory vote. ALAN TANDY, CITY MANAGER October 8, 1993 Page -2- Staff will evaluate the County proposal further, specifically addressing the fiscal impacts and any necessary coordination with a City assessment district proposal. It is anticipated that staff will make a presentation regarding options for a possible City assessment district, along with information on the County proposal, to the Community Services Committee of the Council. Staff will also keep the Citizens Park and Recreation Advisory Committee informed and solicit their input. Should you need additional information, please contact me at your convenience. JWS. al b LIFORNIA TRADE AND COMMERCE AGENCY Pete Wilson Go.ernor (916) 322-3962 (916) 322-3524 FAX Julie Meier Wright Secretary October 6, 1993 Mr. Alan Tandy City Manager City of Bakersfield 1501 Truxtun Avenue .... Bakersfiel~ CA- 93301 ........ Dear Mr. Tandy: Thank you for copying me on your correspondence to Don Freymiller. I am sure your words of support to the Chairman of the Board are appreciated and highly valued by the company. Please note that the response by the State of California has been consistent and strong throughout the process. Our response was detailed in my letter to Mayor Price on September 3, 1993. Over the past month, staff of the Freymiller RED TEAM has met and is in the process of formulating a preliminary proposal that we intend to present to Freymiller's senior management the week of October 11. Jake Wager and David Lyman of the City's Economic Development Department are part of the team, other members include the Kern EDC, Small Business Development Center, County of Kern, Employment Development Department, Employment Training Panel, Employers Training Resource and the Trade and Commerce Agency. With some feedback from the company at that meeting, we will be able to fine tune our final proposal and hopefully address enough of the company's bottom line issues to keep them in California. The RED TEAM chaired by the Kern EDC is addressing various State related issues such as the low aromatic diesel fuels, new smoke testing equipment, licensing fees and workers' compensation. We are also looking at State and local employment/training resources, incentive area tax credits and a number of technology transfer or demonstration progr ~amgrants. We welcome your input through Jake or David. Thanks again for your past and continuing support of this Agency. Sincerely, ~.. /~ .... Suite 1700 Sacramento, CA 95814-3520 JULIE MEIER WRIST/ Secretary CiTy ~'qt~,q~TR.~ cc: Senator Phil Wyman Assemblyman Trice Harvey Assemblyman Jim Costa ~ ocr 93 Z~_.,....o 15 ':'! TO:"..." MichaelKelly, Depqty..Fire;.?hi~.. ,//~,~ "~:;~'!'" ~ ' ' " ' .... ," ':" '" ~,.,,.'.'i' ' ' ' ' "':' FROM: Ralph E.'.Huey,. Hazardou~ i[M~rlals 'Coordinat,.or ' As. you :may r~l, the ~er Btookshi~ ~l~t~; 8hop, Io~at~d"~ 527 Em i~" · w~ .clos~ in 1989 du~.. m. v~U.s=~,h:~U.s, m~erlals ~Ol~ons; . ~is.. offi~:W~ ~ ' " .invoked' in ~e o.rigina,..~otiCe ~.¢~lati~ :'~t ~e;.c~e;.wa~,'subs~uently, pUrsu'~,b~ . the joint~ Kern: C~n~, B~ersfie~d..:T~.:~rce.~vemeen bY'~e dis~J~ a~o~*s"~ :' ~: :...:, .., KernCO~n~ h~ taken :Mn Bmokshir~:m ~oU~.but h~ ~en :.~nable to get..~e, prope~:, . ,. ~, ~-~.. year' .~e. E,P,~.~ became.lnvolV~ .~.:hg',~e :~1~: this': sita. a., .~ERO~. site ~.: ", ~ 'eupe~nd' ele~ up s~e)?wh~h.' ' ': ' ' "~¢~;'~a'~Bt~nfi~:.~re~..m:Pu~lic he~m~.;'We~e; o~t~e '. environment, " '..':. ' :.' ' - . ' ' . ' , ., ,'.:", .... ;. , ~erefore ~e EPA will .~ring .a.;nine'P~n::te~ to. B~orS~ald'.n~.week, st~ng on. October 11, 1993. ~ls te~ Wlll':.:Oo~sl~.';~ ~b~ E,P,A, Personnel,. ~ree. members of:th~ Tac~c~ .Applioa~ons T~m (T,A~L}~':~i~. ~ p~ivate, ind.u~W H~ardous' SpeCi~ists ~d ~o memb~ .of ~e:~$j~'~.Guara, T~eY Will' also. bring a.fi~een f~ wide. command ~po~ triter which' ~ltl...b:~;P~ed:'o.n K~n 8~[· adjacent m; Br~h'Ir~.. This:will be Visible,~d.:~'O d~6t~a~:'.'~.:'covemge,' ';'... ' The ini~ wo~ to be ~mpl~ed. ~extwet ~ mil' Involve s~6ng. ~e site, i~vento~..~e .w~e on s~te,, ch~acter~lng :~!. 0 th~ ~t ~ai~erized w~te~ pedOrm ~r :~onitodng ~d · : . . .... . .... .., .........~.~ , ..~.. . . . -.. . " d~ermi'ning the depth ~.:~e: s~tt .~n~ ~a~n:.. ~.e. E~P;~ 'te~' e~' to complete. " .. his ph~e by..Ftiday O~Obe~..'.:l 5,'~'19~37{ ~?~eond ph~e':of. ~e oPer~on.: ~ll.inv~e :' . more. people ~d mom. h~a~...~OiP~t~ ~:.'!'~ ~p~d.m.~begin in Novemb~... :'~his' : phase W~II Involve ~e a~u~ ¢le~.up';O[ ~ .~;site ~d is ~ticlP~ted' to take ~ ':~.,. ?'~ . .. . . ,. :: . . ~. ?,~ ~'.. , '., '. .. , ,.,, . . .,' ':,, .:' , PO~I-II'" brand ' '": FROM: Ralph E.'.Huey,. H~dou dais .. ' . the joint:. Kern: Count, B~el'~..:T~::f.,~rce ~ve~een bY'~e d.is~i~ a~o~s :Offic~ ~: ..~ .., Kerr[ CO~n~ h~ t~en :Mn BmOk~himt~ ~U~,.but h~ been:.Un~le t° get..~eprope~:, ~ere~om ~e EPA will ~ring .a .;nine/ P~"n: i~m to. B~o~'S~eld n~. woek, st~n~ on Tacfic~ .Apphcaflons T~m G,A;.T,)?~B~{ h. ~ pdvate, in.du~ H~ardoUS' 'M~e~S SpeCie,sis ~d ~o me~b.~s of ~e~U;~ ~.Guara, They Will' also. bring a.fiffeen f~ wide command po~ ~ailo~ which ~III...~'~:P~ ~.'on Kmn S~. adi~eent to Br~kshires The ini~ ~o~ to be ~;mpl~ed.ne~t w~ ~ ~i1' Involve s~u~ng ~e site, Invento~...~e .w~e. ~ s~te,, ch~a~er~lng.: ~1. Of th~:~j ~erized w~te~ Pedorm ~r :mohitOflng..~d phasa Wdl' inVOlve ~e actu~ cle~..up';~ ~;s~te ~d is ~ticlP~ted. to take 3 to 4 W~ks. :,,~ OCT-- 8--95 FR I I 0 : 29 P . 02 eppropriate city officials a-e notified Pri.o.~ ~,finding' ou! on th.e..news. I' ap~lcigize. f'or the" short lead time but I was Only.fni°rme~'of'~h~i'~)Perabon that'.morning by' the E,P~A. REH/dlm . .. cc: Chief Johnson, Fire Chiefl '.' MEMORANDUM October 4, 1993 TO: Alan Tandy, City Manager ~~ FROM: Carol Williams, City Clerk SUBJECT: Local News Network - Electronic Town Crier Electronic Town Crier is a local company that provides Local News Network, a countywide computer network that links residents, government and business. I am pleased to advise you the City Council and Central District Development Agency Agenda and Minutes, Notices of Special Meetings, Hearings, and Board and Commission Vacancies are now available through the Local News Network to the following subscribers: RADIO - KUZZ, KNZR, KERN TELEVISION - KBAK, KERO, KGET PRINT - THE BAKERSFIELD CALIFORNIAN, MOJAVE DESERT NEWS GENERAL PUBLIC - Via Modium Through 1-900 Telephone Line CiTY VARIOUS SPECIAL BUSINESS ACCOUNTS - Oil, Farming, Real Estate PROVIDERS City of Bakersfield Police Kern County Sheriff, Fire, Office of Emergency Service, Board of Supervisors, Clerk of the Board The Council Agenda will be sent on Friday afternoons once the Agenda Packets are being delivered to Council. On those occasions when the Packet is being delivered after 5 P.M., the agenda will be sent to LNN on Monday morning. The only cost is staff time to enter the data through the computer. I think there are a number of other areas that might utilize this program, such as, Planning Commission and BZA, Personnel Recruitments, and Board and Commissions' Agenda. If you wish to discuss this program further, please give me a call. ~ --' '~ "EGISLATUREL CALIFORNIA Commi.ees: State Capitol :~.-, Sacramento, CA 95814 ~ Agriculture Telephone: (916) 445-7558 ~ Elections, Reapportionment and District Offices Constitutional Amendments 1111 Fulton Mall, Suite 914 Transportation Fresno, CA 93721 -. ~, ~i? ~: , ~ · ,', Water, Parks, and Wildlife Telephone: (209) 264-3078 : h-~ i ~ -'' 'i "i~1' ' ~ ~ -~ ~ Ways and Means .!' ~-.':JIM cOSfrA ' Subcommittees: 512N. Irwin, SuiteA ,' :."' .'~:;71 :ill-i ," Hanford, CA 93230 · ' · Chairman, Resources, Telephone: (209) 582-2869 ASSEMBLYMAN, THIRTIETH DISTRICT Agriculture & the Environment ~' ~ . - Transportation Merced Chairman ' Joint Committees: Telephone: (209) 384-1194 ASSEMBLY DEMOCRATIC CAUCUS Energy Regulation and the Environment Fisheries and Aquaculture Joint Legislative Liaison Committee Member: October /,, 1993 NationaI Conference of State Legislatures Assembly Rural Caucus California Debt Advisory Commission Legislative Advisory Committee, Mr. Alan Tandy Wildlife Conservation Board City Manager City of Bakersfield City Manager' s' Office ,,, 1501 Truxtun Avenue Bakersfield, California 93301 Dear ~ ~ Knowing your interest regarding reforming the workers' compensation system, I would like to update you on the efforts of the State Legislature concerning this issue. I am pleased that the Legislature recently approved on a bipartisan basis a comprehensive legislative package of reforms that will significantly improve and streamline the state's workers' compensation system. It is estimated that these measures will create a cost-savings of at least $1.5 billion and perhaps as much as $3 billion annually. These cost-savings will be divided among both employers and injured workers, resulting in lower insurance rates for employers and higher benefits for legitimately injured workers. Specifically, this legislation will impose new restrictions on stress claims, enact prohibitions on physician self-referrals, place limits on medical evaluations and vocational rehabilitation, require the use of managed care health systems, institute anti-fraud provisions, lessen litigation costs, reduce employer insurance rates by at least seven percent, and increase the weekly benefits of injured workers. Employers in this state presently pay some of the highest premium rates for workers' compensation insurance coverage in the nation while injured employees receive some of the lowest weekly benefits. These reforms will lessen costs, improve benefits, and bring needed efficiencies to the workers' compensation system which in turn will help to improve the overall competitiveness of our business community. Over the past year, I have spoken to many people as well as receiving' a large volume of communications that expressed the need to reform the workers' compensation system. Your input has been very important, and I believe it is one of the major reasons that we were ultimately successful in achieving this legislation. I have enclosed a background sheet that summarizes the major provisions in these bills. If you would like further information, please contact my office. Member of the Assembly Printed on Recycled Paper LERO~ HERSCHEL ROSENTHAL ~nh~al ~lations SACRAMENTO. ~LE~ONE 1916) 445-1237 F~ ~(916) 327-5703 MEMORANDUM TO: Members of the Legislature FROM: Senator Pat Johnston DATE: July 19, 1993 RE: Workers' compensatiOn reform legislation Attached for your information are the following items: 1. Summary of the workers' compensation reform measures. 2. Summary of SB 30 provisions. I hope this information will be of assistance to you in responding to any inquiries 'from your constituents. Attachments PATRICK J~HNSTON CONS[JLTANT'~ JEFF SHELTON BILL LEONARD RONA L HAL~BRIN MARI~ BEROESON · ~.. SECR~ARY L[.O~ On~E~E NA.~ P. ~OX NICHO~ ~RIS HERSCHEL ROSENTHAL ~ACRAMEN~O. ~ 95814 TE~ONE {916~ 445-1237 SUMMARY OF WORKERS COMPENSATION REFORM MEASURES The reforms of the workers' compensation system are contained in AB 110 (Peace), .AB 119 (Brulte), AB 1300 (W. Brown), SB 983 .(Greene), SB 484 (Lockyer), and SB 1005 (Lockyer). The bills were signed by the Governor on July 16, 1993. AB 110, Benefits. Provides for $747 million in benefit increases to injured workers, divided approximately evenly between temporary disability, and permanent disability, life pension and death 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. AB 110, Rates. Rates to employers are cut seven percent. The Insurance Commissioner may further reduce rates as long as he or she takes into account the reduction required by this bill and the resulting rates are adequate;-%he-Commissioner_-_may .not raise_r~a_t_es. In~s~urers may not use surcharging plans which are unfairly discriminatory. These provisions expire on January 1, 1995, unless the SB 30 is not signed by the Governor, in which case the rate cut will stay in effect until the insurance rating law is changed. AB 119, Psychiatric' and Post-termination Claims. Restricts .the compensability of psychiatric and post-termination claims, by requiring that the workplace must be the predominant cause of the psychiatric injury. An 'exemption to the predominant standard is allowed for victims or witnesses to violence. They must show only' that the injuries are substantially caused (35% to 40%) by the workplace. Claims filed after of termination bared 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 119 goes into effect immediately. AB~ 110, Prohibitions on Self-Referrals. Prohibits physicians, fr6TM referring injured workers to ..... ~.i' facilities in which the he or she.has a financial interest. Also- prohibited are similar for vocational rehabilitation services by insurers unless approved by the employer and employee. AB 110, Vocational Rehabilitation. Limits employees 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.. The maintenance allowance is limited to 52 weeks. Employers who provide modified or alternative work need not pay for vocational rehabilitation. AB 110, Medical-legal Evaluations. No medical-legal evaluations may be obtained prior to 60 days after the employer is notified of the claim. The treating physician shall perform the initial medical-legal report. I.n diSputed~cases the employee may obtain, one additiona'l' medical-legal report, but the employer may 'only obtain an. additional report. if the employee is'represented bY an attorney. A presumption of correctness attaches to the treating physician's report. For purposes of establishing a permanent disability rating, the referee or appeals board shall be limited to approving the rating proposed by one side or the other. AB 110, Manaqed Care. If the employer gives the employee, the choice of two or more "health care organizations" (HCOs) certified by the Director of the Division of Workers, Compensation to provide care f6r a work-related injury and the employee agrees to receive care from one the HCOs the employer can control the health care of injured workers for 90 days if the employer does not offer non-occupational health care, 180 days if.the employer'offers non-occupational health care, or 365 days if, in addition, the employee's personal physician-is affiliated with at least one of the HCOs offered by the employer. The HCOs must.alloW change of physiCians and second opinions. Injured workers will have access t° chiropractic.services and retain current law's provisions guaranteeing the right to predesignate a personal physician instead of accepting control of health care by the employer. AB 110, Medical Treatment Fee Schedule. Requires the Administrative Director to revise the treatment fee schedule by January 1, 1995 and the schedule for health care facilities, prescription drugs and pharmacy services.by January 1, 1995. AB 110t Employer Riqhts. Requires the employer to*notify the insurer of information tending to disprove claims, and requires the insurer to provide the employer with information from its claims files, including offers to settle claims, and. the amount'and justification of reserves. AB 110, Data Collection and Oversight. Requires the Administrative Director, in consultation with the Insurance Commissioner, to develop a workers compensation information system. AB 1300, Fraud. Anyone offering an inducement or reward for the referral or settlement of a claim to a workers compensation adjuster is guilty of a felony. Fees recovered from an attorney related to the use of a runner or capper be allocated to the .prosecuting district attorney for fraud, investigation and prosecution. Any contract for professional services obtained under fraudulent circumstances is void, and any fees collected shall be recoverable and allocated to the prosecuting district attorney. Health'care providers may not perform medical evaluations without the required certification. The AttorneY General and interested parties may bring a civil action for the crime Of' employing runners, cappers,. .steerers, or other persons to procure workers compensation applicants. SB'983, ~lternatlve Systems. Permits employers and employees in the construction industry to agree through collective bargaining to an alternative workers compensation program so long as the alternative program does not* diminish the entitlement of an employee to compensation. SB '1005f Industrial Medical Council (IHC). Adds a medical economist and a physical therapist to the IMC, and grants the IMC new authority to qualify and discipline physicians who do medical evaluations, and adopt utilization review guidelines. Pi~TR I~]< JOHNSTON CONSULTANTS O-t~R~N ' JEFF SHELTON Bt~ ~ONARD V~ C~R~ RONA L MA~I~ BER~E~N LEROY ~REENE · . ~ · · NANCY P. FOX HER~HEL ROSEN~AL STA~ ~OL ~NE 19161 AJ5-1237 F~ ~9~6) 327.~70~ 3__0 (JOHNSTON) Short Summary: SB 30 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 Commissioner if they threaten the solvency of the insurer or which would tend to create a monopoly. ANALYSIS: Existing law requires the InsUrance commissioner to approve a uniform classification of risks and premium rates 'for workers" comPen- sation insurance. Insurers are prohibited from issuing, renewing or continuing in force any workers' compensation policy at a .premium less than that approved or issued by the commissioner. Between January 1, 1990 and January 1, 1993 expenses were set by statute; they are now set by the commissioner. Rates must be uniform for all insurers and must be applied uniformly to all insured employers. Insurers may not use any plan for payment of dividends which is unfairly discriminatory. 1. Replaces the current minimum rate law on January 1, 1995 with a file 'and use rating system using 'advisory loss costs and re- quiring a uniform plan for data collection purposes. Rates may not tend to impair or threaten the solvency of an insurer or tend to create a-monopoly.' Rates are~presumed to. create a monopoly if the insurer's market share'is 20 percent or more of the premiums written by all insurers, excepting the State Compensation Insurance Fund. In'makingthese determina- tions, the commissioner may give consideration to past and prospective loss and expense experience, in this state, dividends or savings, and other relevant factors. The commissioner shall look at experience in' other states in regulating for solvency. SENATE BILL 30 (JOHNSTON) ~-_ ~AGE TWO 2. Requires all workers' compensation insurers to adhere to a uniform experience rating plan filed with the commissioner by an advisory organization designated by the commissioner and subject to his or her disapproval. However, an insurer may develop its own. classification system to use in making rates, provided that the classification system has been filed with the commissioner 30 days prior to use. 3. Requires insurers to file all rates and supplementary rate information no later than 30 days before they would be effective. After a hearing, if the commissioner, finds that the insurer's rates.require closer supervision due to the insurer's financial condition, the insurer shall file all rates and other information required by the commissioner. The commissioner may disapprove rates which do not comply with the rating law, but must call a hearing prior to disapproval. 4. Bars any classification system which includes.arbitrary economic discrimination in violation of the Unruh Civil Rights Act. This bill was signed by the Governor on July 28~ 1993. ~' ~=~/~' '? Cox Cable Bakersfield A Subsidiary of 820 22nd Street Cox Communications, Inc, Bakersfield, CA 93301 Cox Cable Bakersfield October 8, 1993 Alan Tandy City Manager 1501 Truxtun Ave. Bakersfield, CA 93301 Dear Alan: I am writing to give you a quick update on how Cox Cable customers are being affected by the 1992 Cable Act. As I mentioned to you in my last correspondence, Cox Cable Bakersfield meets the standards for effective competition as outlined by the cable act, as there are three video providers in the area. Therefore, our customers did not see any rate changes to their bills and this was a nonevent. Our negotiations with local broadcasters resulted in Cox carrying all local broadcast channels. In addition, we added KVPT (pBs - Fresno) to comply with the must carry section of the law. We were able to reach agreements with all Los Angeles stations with the exception of KABC. They will no longer be carried on Cox Cable as of October 6, 1993. However, we plan to add The Cartoon Network to our Expanded Basic Cable line up at no additional cost in November. Customer service continues to be a top priority at Cox Cable. For the past three years we have received the NCTA's Seal of Good Customer Service and consistently exceed the customer service standards outlined in the new law. O~'I'Y ~ANA~ER-~ Alan Tandy October 8, '!993 Page Two We will continue to look for ways to add value to our service. As always, please let me know if you have any questions or concerns. Sincerely, Jill Campbell Vice President/ General Manager JC/cs