The URL can be used to link to this page

Home My WebLink About11/18/94� ""�� B A K E R S F I E L D MEIVIOR�lNDUiN T0: HONORABLE MAYOR AND CITY FROM: ALAN TANDY, CITY MANAGER SUBJECT: GENERAL INFORMATION COUN L November 18, 1994 1. Enclosed you will find the status reports on the Calloway Drive Bridge and a Public Works up-dated report on the status of Capital Improvement Projects. A report is also enclosed on the status on Tevis Ranch Park. 2. There are several Council Referrals enclosed including one on delinquencies on demolition in weed collections, Council Chambers and equipment, crosswalks at Occidental and University, street lights at Kincaid, and clean up in the area of BHS and Eye Street. With respect to the Council referral on whether or not there is anything in writing about committee assignments, there is not. It is purely Council discretion. 3. As you probably read in the newspaper, we think we have an understanding with respect to the booking fee issue. In exchange for $150,000 off their proposed price, we would recommend to you acceptance of the agreement for the balance of the year. During the year, we would look at lower cost alternatives because we are sure there will be another round of increases each year in the future. 4. Trudy Slater attended a Legislative Implementation Briefing the League put on. A rather thick packet is enclosed along with a summary report. 5. There is a memo enclosed on a Juvenile Crime Prevention Program�that the Community Services Department is involved with other groups in attempting to obtain. 6. The next phase of garbage conversion is purposed for the Silver Creek and the Union 10 areas in January. The round after that is probably in March. 7. You will receive under separate cover a significant memorandum on issues at the Woodwaste/Greenwaste Site and a response to a recent letter from °'B- Flag". 8. We had another meeting an the Coffee Road Bridge with an environmental expert. We continue to be on the Department of Water Quality's agenda for an appeal on December 10. However, the complexity of the environmental issues may cause us to re-think the nature of this project andlor could significantly influence its timing. 5 � HONORABLE MAYOR AND CITY COUNCIL NOVEMBER 18, 1994 Page -2- 9. I have enclosed a memo on the preliminary recommendations by the Streamlining Task Force which are currently being discussed and finalized by that group. It is anticipated that a more detailed final report of their activities and recommendations will be coming to the Council in January. kec GENINFO_N18 �� , �� TO: FROM: . � ��......,,�„� B A K E R S F I E L D• PUBLIC WORKS DEPARTMENT MEMORANDUM � November 9, 1994 Alan Tandy, City Manager Raul M. Rojas, Public Works D' ector SUBJECT: Calloway Drive Construction Schedule Progress has been made in recent weeks. We now have agreement with all property owners, including one in Costa Rica, to grant easements and sell property required for the construction. Acquisition agreements will be coming to the Council on the December 14th meeting to finalize these efforts. We ha�e now received the California Board of Reclamation permit for work within the Kern River. The permit does not allow falsework or obstructions in the river between November 1 and July 15. If the Board rigidly adheres to this restriction, construction of the river bridge could be delayed. On past projects, the Board has given relief in dry years and adequate Lake Isabella storage availability. The attached previously prepared diagram anticipated construction would begin about February 1, 1995. Difficulties in right of way acquisition, the Board of Reclamation permit process and the limited late year Council meeting availability will delay this start to about March 15, 1995. This should coordinate very well with the Board of Reclamation restrictions. ; �� _ '�-:.. '; �� Ndlt �.- 9 i�Vl ,°�� : � . ;; C�C. �..occ�.q-� T.�r� 1 VE' - ST'oc�e,a�4C.E f�WY �-o �iMN.4« �Dq� . �IJIS (T(O� � (ZEGvC�4Tlo�� DES/G�cl, L3l.D, �WfF�D �C��sT'RtJcT"lO:S! a�c S � . . � � � � :Socv✓�er�s� � tcn�"�r -�a-w�i 1y �-� rc�aca�'ec� � ` ` � ' �j�, s been j ��c �am e � � "`� �. -- .^ ...,,, �-.. V• � V Q �' � 0. � ` ` � ` t� J � � A � u- � ,d �- � ? �c � I',. ,, ; . �;, _ i •-. ��' ; . � .': , ' � �rS� = �e ✓� S /or� /6 8 '`j� i ti' � �1 � � J . ��.� �_. -• � � � m � � � � � `! e`` _ _ _ .: ':�i . _ ` �.. • B A K E R S F I E L D PUBLIC WORKS DEPARTMENT MEMORANDUM November 15, 1994 TO: ALAN TANDY, CITY MANAGER FROM: RAUL M. ROJAS, PUBLIC WORKS DIRECTOR��'� SUBJECT: CAPITAL IMPROVEMENT PROJECTS - STATUS REPORT Attached for your information is the status report on capital improvement projects for the period July 1, 1994 through October 31, 1994. This is the second report distributed, however, we are still working on the final document format. On the next report the ward information by project will be completed. If you have any comments or would like to see additional information, please let me know. �dwh Attachment cc: Gail Waiters, Ass't. City Manager Trudy Slater, Administrative Analyst 9 _- --.-- - --� �� , , .,, . ' . . _l � ,, t . �� ._, :� ?� 4 �'`�' i I.� � �Y� �� i ; , � � � Public Wor�s �e artme�t � Monthlv status �Ze ort �� / � � 1994-95 Capital Improve�nent Pro�ram � includes 1993-94 carrvforward '� I projects , -� C++� ; �� CITY:OF.'$AKERSFIELD: , _ PUBLIC WORKS'DEPARTMENT'MONTHlY STATUS AEFORT ` 1994=95 GAPITAC IMPROVEMENT, PROGRAM , _(INCWDES F Y::.1995-94 CARRY FORWARQ:PROJECTS) ` , _ �RIGINAl1993—f :: DiRECT; DESIGN > 'AHQ PROJ ' PROJEGTCARRYCONSTRIJCTIt PROJECT ; COMPL : CONSTHUCTIQ VO.: NO': PROJECT'TITLE' DATE= OVER> BUDGET: BALANCE''ENGINEER DATE 'BEGIN ENI GENERAL GOVERNMENT 40101 Building, Remodel — Remodel Risk Mgmt upon Traffic 526,000 526,W0 move to Annex 40201 Building, Remodel — Remodel Annex, Second Floor $27,000 527,000 JARRETT 6-30-94 40202 Building, Remodel — City Hall Annex, Rule 9001 $20,000 S20,000 JARRETT 9—i6-94 Compliance, Rideshare 40301 Telephone System, Upgrade — North America Dialing $87,000 $87,000 Plan 40302 Fuel Farm, Construction — Undergound Fuel System, $200,000 5200,000 CONCHITA 10-28-84 15,000 Galbns 40401 Signal, Modification — Opticom Traffic Signal $50,000 �50.000 Emergency Vehicle Preempting Devices 40402 Building, Remodel — Archkectural Barrier Removal $100,000 S100,000 DeWAYNE ON—GOING Program 40403 Computer System, G. I. System — Street & Utility $100,000 $100.000 Mapping Project 40404 Building, Remodel — Archkectural Barrier Removal $75,000 $75,000 DeWAYNE ON—GOING System, City Hall 90101 Computer System, Replaoement — Prime Central $154,000 S154,000 Computer and Applications Software 90101 Computer System Replacement YES $558,000 5558,000 , GENEAAE;:GOYERNMENT TQTAL :;:; ClPsummary 15—Nov-94 _ .. .. . ._ __._ ... _ __. ;.51.397:OdQ ;�4;397;000;: [I PRIORtTY H / M !1. COMMENTS H PROJECT COMPLETE H DESIGN COMPLETE, BIDS RECEIVED. PROJECT SHOULD BE AWARDED 12-14-94 1 M DESIGN COMPLETE. AP�PROVAL OF P.S.&E. 12-14-94 � M CONSULTANT PRaCURED. BEGINNING SURVEY PROCESS OF CITY HALL BUILDING. SURVEY SHOULD BE COMPLETE BY 12-1-94 1 M CONSULTANT PROCURED. BEGINNING SURVEY PROCESS OF CITY HALL BUILDING. SURVEY SHOULD BE COMPLETE BY 12-1-94 1 i ,, -; CW ' r✓- CITY OF. BAKERSFIEL:D : . - `PUBLIC: WORKS UEPARTMENT'MONTHCY STATUS REPORT 1994=95 CAPITALIMPROVEMENT PROGRAM:> ' (INGIUDES'F:Y: 1993 94:CARRY fORWARD P,ROJECTS) ORIGINAl199S=f .. DIRECT> /AR[� PROJ. . . ` PROJECTCABRYCONSTRUCTN': _ NO, NO. .. PHOJECT TITLE DATE OVER : BUDGET E POLICE DEPARTMENT 40501 Building, Upgrade — install new cazpet, Police $13,000 Building Basement 40502 Computer System, New — Install Mobile Data Terminals In Police Vehicles 40503 Building, Expansion — Construct Wing on Police Building 90501 Police Cooling Tower Replacement 90502 Police Records Management System POUCE UEP,ARTMENT T..OTAL - "' FIRE DEPARTMENT 40601 Building, Design and Construction — New Fre Station — 6915 Stine Road 40602 Parking Lot, Resurfacing — Paving — Olive Drive Training Facility 40603 Fre Equipment, Hose Tower — Hose Towers—Station 2 40604 Professionai and Consulting — CitylCounty Fre Study 90G01 Building, Upgade — Seismic Retrofit Station #2 — 716 E. 21 st St. . ClPsummary 15—Nov-94 DEStGN ;:< PROJECT COMPL. CONSTRUCTION ' P..RIOHETY ICE ENGtNEEH ::DATE > BEGIPt END: ' HlM./L COMMENTS °. •-•-• $1,700,000 $1,700.000 $1,300,000 $1,299,853 ARNOLD 1-31-94 YES $13,633 �13,633 ARNOLD COMPLETE YES $92,958 $92,958 _ . . ................._ _.... _. ':53119;591 ;;53:115,444': $650,000 $650.000 DeWAYNE 1-15-95 $36�000 �36.�0 $15,000 515,000 DeWAYNE 1-15-95 $50,000 $50�000 $440,000 $440,000 DeWAYNE9-1-94 2 H CONSULTANT PROCURED. PROJECT INVOLVES PARKING LOT RECONSTRUCTION AND'COMMUNICATIONS TOWER REPLACEMENT. PLANS PROGRESSING ON SCHEDULE CONSTRUCTION COMPIETED IN F.Y. 1993-94. � H PLANS FOR STATION ARE COMPLETE. CONSULTANT MUST BE PROCURED TO DEVELOP SITE PLAN. CURRENTLY REVISING COST ESTIMATES AND SECURING PROPERN. WORK BY FIRE DEPARTNIENT. INVOLVES COUNTY PARTIqPATION. M TO BE COORDINATED WITH SEISMIC RETROFIT PROJECT I H PLANS, SPECIFICATIONS AND CONTRACT DOCUMENTS ARE COMPLETE. PROJEGT AWARDED 11-4-94. ., , •, c:u � r�- ' CIT1G OF BAKERSFIE[D' PLIBLIC WORKS DEPARTMENT MONTHLY STATUS'AEPORT i994-95':.CARITAL> tMPROVEMENt: PROGRAM < (INCLUDES F:Y::1993-94<CARRY.;FORWARD PROJECTS) ORIGINAI WARF� PROJ.. _ ' PROJECTi NO.: NO:. PROJECT TITLE DATE 90602 Building, Upgade — Diesel Exhaust Removal System—Stations2, 4, 6, 11, 13 Reroof of Tower Building at Fre Station #1 FIRE:.QEPARTMENT TOTAL> . PUBLIC WORKS DEPARTMENT 7084 15,000 Galbn Underground Fuel System ? 30 Street Light Acquisftion 18715 Purchase 500 Street Light Photo Cells 30201 BakerStreetLandscaping 1 41001 Signal, New — East &undage Lane at Oswell Street 4 41002 Signal, New — Gosford Road at North Laurelglen Bivd 4 41003 Signal, New — Jenkins Road at Stockdale Highway 1 41004 Signal, Upgrade — 4th Street at Chester Avenue 5 41005 Signal, Upgrade — Mohawk Street at Truxtun Avenue ClPsummary 15—Nov-94 199s-4 DIRECT YES YES YES YES ..• .. 'DESIGN ::; . <: PROJECT COMPL. CONSTHt1C'iION : PRIORtTY ' ANCE: ENGINEEH DATE BEGIPt END H J M/. L`: COIiAMENTS � �p WORK BY FIRE DEPARTMENT. $4,500 $4,500 Si ;236:000 °` Sf:236:00Q` $95,000 $18.OW $5,000 $9,378 $154,000 $95,000 CONCHITAI0-28-84 $18,000 $5,000 $9.378 $153,936 DEETER/ 2-15-94 COtVSITM $123,000 $123,000 GILLBURG $114,000 $114,000 TABLIT $101,000 $101,000 TABLIT $45,000 $45,000 TABUTJ GILLBURG 3 WORK BY GENERAL SERVICES. l M DESIGN COMPLETE. APPROVAL OF P.S.&E. 12-14-94 i , M ENVIRONMENTAL REVIEWS DONE AS SCHEDULED. CONSULTANT PROPOSALS RECEIVED AND UNDER EVALUATION. CONTRACTS TO FOLLOW. M ENVIRONMENTAL REVIEWS DONE AS SCHEDULED. BASE MAP COMPLETE, AWAITING UTILITY INFORMATION. PRELIMINARY DESIGN BEGUN. _ M ENVIRONMENTAL REVIEINS DONE AS SCHEDULED. SURVEY RECV'D 11-7-94. NOTHING FURTHER SCHEDULED THIS REPORTING PERIOD. H SURVEY AND ENVIRONMENTAL REVIEWS DONE AS SCHEDULED. DESIGN 95% COMPLETE, AWAITING UTILITY INFORMATION. PS&E TO CITY COUNCIL PLANNED FOR 12—t4-94. � H ENVIRONMENTAL REVIEWS DONE AS SCHEDULED. NOTHING FURTHER SCHEDULED THIS REPORTING PERIOD. U „�, L�> i C+`% CtTY OF'BAKERSFIELD:: PUBLIGWORKS DEPARTMENT'MONTHLY'STATUS:REPOHT' i994-95 CAPITAL.IMP.RQYEMENT: PROGRAM:- . % (INCLUDES'F.Y: 1993=94 GARRY FOHWARD PRUJECTS)> ORIGINA1199S-f DIRECT:: ;,. WAAQ PRQJ : ; ` PROJECTCARRYCONSTRUCTN ' NO., NO: .. PROJECT TITCE DATE' OVER':. BUDGET Br 4 41008 Signal, New — Calbway Drive at Meacham Road $1�.� 6& 7 41007 Signal, New — Akers Road at Panama Lane ALL 41008 Channelization, Signing & Marking — Various 4 41009 Signal, New — Coffee Road at Hageman Road 4& 5 41010 Signal, Interconnect — TOC Arterial Infrastructure Conduit — 5 Locations (MING AVE, NEW STINE — CASTRO; COFFEE RD, STOCKDALE — TRUXTUN; MOHAWKAVE, CALIFOANIA — TRUXTUN; H ST, BRUNDAGE — TRUXTUN; BEALE/RIVER BLVD, TRUXTUN — COLUMBUS) ALL 41011 Signal, Upgrade — Traffic Count Detector Installation, Various Locations ALL 41012 Channelization, Signing & Marking — Speed Control Features, Various Locations 4 8� 6 41013 Signal, New — Ashe Road at District Blvd 5 41014 Channelization, Median Construction — Ming Avenue at Fwy 99, Southbound On—Ramp ClPsummary 15—Nov-94 _ _ _ >: _ : ° ; : DESIGN. : _ PROJECT COMPL >: GONSTRUCTION PRIORiTY LANCE' ENGINEEH ':'DATE: :.: . BEGIN END: H L.M / l. . COINMENTS $101,936 DEETER/ M ENVIRONMENTAL REVIEWS DONE AS SCHEDULED. CONSULTANT CONSLTNT PROP0.SALS RECEIVED AND UNDER EVALUATION. CONTRACTS T! FOLLOW. $109,000 $109,000 TABLIT $60,000 $128,W0 558.100 BRAD ONGOING �127,936 DEETER/ CONSLTNT $562.300 $562,300 BRAD $25,000 $25,000 BRAD ONGOING $50.000 �50,000 BRAD $101,000 �100,719 GILLBURG $10.000 $10,000 BRAD 4 M ENVIfiONMENTAL REVIEWS DONE AS SCHEDULED. SURVEYS RECEIVED. NOTHING FURTHER SCHEDULED THIS REPORTING PERIOD. ►�i � M M � ONGOING AS NEEDED FOR OPERATIONAL PURPOSES. WORK PERFORMED BY ANNUAL CONTRACTOFi ANO CITY CREWS. '' ENVIRONMENTAL REVIEWS DONE AS SCHEDULED. CONSULTANTS PROPOSALS RECEIVEDAND UNDER EVALUATION. CONTRACTS TO FOLLOW. � � FIELD REVIEWS COMPLETED WITH CALTRANS OFFICIALS. VERBAL AUTHORIZATION BY CALTRANS GIVEN TO BEGIN OESIGN. SURVEY REQUESTED. DESIGN TO BE INCLUDED WITH NEW SIGNALAT CALLOWAY DRIVE AND MEACHAM ROAD SIGNAL DESIGN BY CONSULTANT. ONGOING AS NEEDED FOR OPERATIONAL PURPOSES. WORK BY ANNUAL CONTRACTOR AND CIT( CREWS. H SURVEYS AND ENVIRONMENTAL REVIEWS DONEAS SCHEDULED. DESIGN COMPLETE PENDING PLAN CHECK. SPECIFlCATIONS COMPLETE. PSBE TO COUNCIL PLANNED FOR 12-14-94. H INSTALLATION OF RAISED PAVEMENT MARKERS IXPECTED BY GENERAL SERVICES PRIOR TO END OF THIS MONTH. I , ,� ' co� i, �r.. CITY OF. BAKERSFIELD? PUBLIC WORKS DEPARTMENT_:MONTHLY STATUS REPORT: 1994:=95`;CAPITAI I MF?ROV EMENT< PROGRAM: (INCLUDES F:Y: .1993-94 CARRY"FORWARD PROJECTS) ORIGINAk1898=4 'YARQ PRUJ. ' ' ` PROJECTCARRY NO. . NO:. . PRUJECT TITLE, DATE ' OVER° 2 41015 Street, Guarckail - Chester Ave. at ATBSF Grade Seperation. 4 41016 Signal, New - Flashing Beacon on Pin Oak Park Bivd at Tevis Jr. High ALL 41017 Chanrielization, Signing & Marking - Bike Lane Installation on Streets City Wide 41301 Street Reconstruction - Stockdale Hwy.- 1400' E/O Old River Road to Coffee Road 41302 Street, Resurfacing - 21 st Street -"F' To Chester 41303 Street, Resurfacing - 24th Street -"N" to Goiden 41304 Street, Aesurfacing - Akers Road - Panama to 41305 Street, Resurfacing - Fairview Road - Gwendolyn to 41306 &idge, Construction - South H Street at Arvin q� 307 Street, Resurfacing - South Half Moon Drive - q1308 Street, Resurfacing - Kaibab Avenue - Pasadena to 41309 Street, Resurfacing - Monterey Street - Aita Vista ClPsummary 15-Nov-94 IRECT' DESiGN ;. STRUCTN PROJECT COMPL CONSTRUCTION P..RIORITY > 1DGET` . BALANCE .ENGtNEER : DATE :. BEGIN ` END H! M/..L COMMENIS $25,000 $25,000 BRAD/ M ENVIRONMENTAL REVIEWS DONE AS SCHEDULED. CONSLTNT NOTHING FURTHER SCHEDULED THIS REPORTING PERIOD. TO BE DESIGNED AND INCORPORATED INTO ENGINEERING DIVISION'S -SEISMIC RETROFIT PROJECT. $22,000 �22,000 BRAD/ GILLBURG $155,000 5155,000 DEETER $421,300 $421,300 $6g,pp0 $69,000 JARRETT 2-15-95 $51,700 $51,700 TECH I 2-28-95 $79,400 $178,400 $247,500 $56,400 $37,600 $82,100 $79,400 N/A N/A $178,400 JARRETT 2-15-95 �247,500 ARNOLD 4-15-95 $56,400 TECH I 4-15-95 $37,600 TECH I 2-28-95 $82,100 JARRETT 2-15-95 5 H ENVIRONMENTAL REVIEWS DONE AS SCHEDULED. BASE MAP COMPLETE, PROJECT UNDER DESIGN. WAITING FOR CONFIRM- ATION FOR SCHOOL DISTRICT FOR EXACT LOCATION TO FINALIZE DESIGN. M FIELD REVIEWS COMPLETED WITH CALTRANS OFFlCIALS. VERBAL AUTHORIZATION BY CALTRANS TO BEGIN DESIGN. BASE MAPS STARTED. � 1 ,, PROJECT COMBINED WITH OTHER S.T.P. PROJECTS FOR ECONOMY OF SCALE. , PROJECT COMBINED WITH OTHER GROUP 1 PROJECTS FOR ECONOMY OF SCALE. PROJECT TO BE DONE BY STREETS DIVISION. PROJECT COMBINED WITH OTHER S.T.P. PROJECTS FOH ECONOMY OF SCALE. L COMBINED WITH OTHER,A.E. CANAL CROSSINGS. I PROJECT COMBINED WITH OTHER GROUP2 PROJECTS FOR ECONOMY OF SCALE. � PFiOJECT COMBINED WITH OTHER GROUP 1 PROJECTS FOR ECONOMY OF SCALE. PROJECT COMBINED WITH OTHER S.T.P. PROJECT3 FOR ECONOMY OF SCALE. ., «� •., ;Y) � ' rfs CITY OF'BAKEHSFIELD : Pt1BUC WORKS':DERARTMENT'MONTHCY: STATUS AERORT' 1994-95'::CAPITAL.IMPROYEMENT PROGRAM':: (INCLUDES.F Y;:1993=94 CARRY FORWARD:PROJECTS): . ORIGINAH99S:=t DIRECT WppQ:ppp� PROJECTCARRYCONSTRUCTit : : NO NO:: PRaJECT>TITLE DATE' OVER>> BUOGET' BAi 41310 Street, Resurfacing - P Street -&undage to 4th $�.� 41311 Street, Resurfacing - P Street - 8th to California $51,000 41312 Street, Resurfacing - Pacheco Road - Wible to $� 18,� 41313 Street, Rssurfacing - Q Street - Caliiornia to Truxtun $84,000 41314 Street, Resurfacing - Wible Road - Planz to Ming �,� 4t315 Street. Resurfacing - Wible Road - 600' N/O Belle $171,800 41316 Street. Resurfacing - White Lane - Madison to Cottonwood 565,800 41317 Street, Resurfacing - University Ave. - Wenatchee �9.� to Columbus 41318 8ridge Construction - Akers Road Widening at Arvin Edison Canal 41319 Bridge, Construction - Panama Lane Widening at Arvin Edison Canal 41320 Bridge, Construction - Panama Lane Widening at Farmer's Canal 41321 Bridge, Construction - Stine Road Widening at Arvin Edison Canal ClPsummary 15-Nov-94 DEStGN ;; PROJECT:=COMPL. : 'COI LANCE: ENGiNEEF <' DATE . BE� $93,000 JARRETT 2-15-95 $51,000 JARRETT 2-15-95 $118,000 JARRETT 2-15-95 $84,000 JARRETT 2-15-95 $309,300 JARRETT 2-15-95 $171,800 JARRETT 2-15-95 $65,800 TECH I 2-28-95 $89,600 JARRETT 2-15-95 $184�500 $184�500 $247,500 $247,500 ARNOLD 4-15-95 $gp,p00 $90,000 ARNOLD 4-15-95 IUCTION: PRIORtTY ' ' ':END.. H:/ M / L COMMENTS PROJECT COMBINED WITH OTHER S.T.P. PROJECTS FOR ECONOMY OF SCALE. PROJECT COMBINED WITH OTHER S.T.P. PROJECTS FOR ECONOMY OF SCALE. PROJECT COMBINED WITH OTHER S.T.P. PROJECTS FOR ECONOMY OF SCALE. PROJECT COMBINED WITH OTHER S.T.P. PROJECTS FOR ECONOMY OF SCALE. PROJECT COMBINED WITIi OTHER S.T.P. PROJECTS FOR ECONOMY OF SCALE. ; PROJECT COMBINED WITH OTHER S.T.P. PROJECTS FOR ECONOMY OF SCALE. PROJECT COMBINED WITH OTHER GROUP 1 PROJECTS FOR ECONOMY OF SCALE. PROJECT COMBINED WITH OTHER S.T.P. PROJECTS FOR ECONOMY OF SCALE. L COMBINED WITH OTHER A.E. CANAL CROSSINGS. � L COMBINED WITH OTHER A.E. CANAL CROSSINGS. $247,500 $247,500 ARNOLD 4-15-95 L COMBINED WITH OTHERA.E. CANALCROSSINGS. 6 � �" � � ,, �� CITY:OF. BAKERSFIELD; _ ; PUBUC'WORKS;:DEPARTMENT:MONTHIY.STATUS:HEPORT :. : ,. .. 1994-95 CAPITAL.IMPROYEMENT>PROGRAM::: - (INCWDES F.Y.;198s=94 CARRY'FORWARD PROJECT$)' , _ _ _ <; ORIGINAN999-4 DIRECT DESIGN:> ,. , WARQPEiOJ ' PROJECTCARRYCONSTRUCTIt PROJECT .:COt�APL CONSTRUCTION P..RIORITY , NO.. . NO. . ' PROJECT TITLE DATE ' OVER : BUDGET BAtANCE ENGtNEEH : DATE BEGIN END H/ M J.0 COMIMENt3 41322 &idge, C'.onstruction — Wible Road Widening at $247,500 $247,500 AANOLD 4-15-95 L COMBINED WITH OTHERA.E. CANAICROSSINGS. Arvin Edison Canal 41323 &idge, Construction — Panama Lane at Freeway 99 inberchange 41324 Land, Acquisition — Freeway 178—Mesa Marin to Rancheria Road 41325 Bike Path, Construction — Freeway 99 to 2400' West 41326 Channelization, Median Narrowing — White Lane — Wible Road to South H Street 41327 Street, C�rbs & Gutters — Miscellaneous Improvements at Various Locations 41328 Channelization, Widening — In�ersection—Truxtun Ave at Oak St (Right of way only) 41329 Chanr�lization, Widening — In�ersectlon—White lane at Wible Road 41330 Channelization, Widening — Cal'rfornia Avenue—Oak St to A St (Right of way only) 41331 Channelization, Widening — Calloway Drive—Roseda� Plaza to Meacham Road 41332 Channelization, Widening — Hageman Road—Old Farm Road to Jewetta Avenue ClPsummay 15—Nov-94 $250,000 $250,000 DeWAYNE ON—GOING $50,000 550,000 MARIAN ON—GOING $54,000 554,000 DON N!A $186,000 $186,000 CONCHITA2-15-95 . . • ... . •� •�� $115,000 . •� •�• $152,200 $74,000 $99,5t3 ALL ON—GOING $100,000 CONCHITA 6-30-95 $115,000 CONCHITA2-15-95 $100,000 CONCHITA 6-30-95 $152200 CONCHITA3-15-95 $74,000 CONCHITA4-15-95 7 M AWAITING DECISION ON CONSULTANT SELECTION BY MID DECEMBER, 1994. M CURRENTLY IN THE PROCESS OF OBTAINING AERIAL PHOTOGRAPHY DETERMINATION OF HORIZONTAL AND VERTICAL CONTROI. L AWAITING DECISION ON LOCATION AND POSSIBLE FUNDING SOURCf FOR GRADE SEPARATED CROSSING OF PARKING LOT ACCESS. L PROJECT TO BE COMBINED WITH WIDENING OF WHITE LANE@ WIBLE ROAD. M CURRENTLY WORKING ON CONTRACT TO PERFORM AERIAL OF INTERSECTION/ROADWAY FOR RIGHT OF WAY DETERMINATION. i L PROJECT TO BE COMBINED WITH MEDIAN NARROWING PROJECT ON WHITE LANE BETWEEN WIBLE ROAD AND SOUTH H STREET. l M CURRENTLY WORKING ON CONTRACT TO PERFORM AERIAL OF INTERSECTION/ROADWAY FOR RIGHT OF WAY DETERMINATION. L REQUIRES DEDICATION OF RIGHT OF WAY AND RELOCATION OF POWER POLES. �' �¢� d� "' �� CL7Y OF BAKERSFIEtD' , _ < PUBLIC WORKS;DEPARTMENT::MONTHGY STATUS<REPURT ' " 1994-95:CAPITAL::IMRROVEMENT PROGRAM4: >. : ' (INCLUDES'F.Y. 1993-94;,CARRY FORWARD'PROJECTS) :; ORIGINAN999—[' DIHECT:; DEStGN WARQ PROJ PROJECTCARRYCONSTRUCTN > PROJECT :.COMPL ' CONSTAUCTION PRIORtTY NO.:. NO:.. PROJECT.TITtE' DATE. OVER: ' BUDGET' `. BALANCE"ENGINEER :: DATE H`!.M / l: COtYtMEI ;" BEGIN: . END 41333 Chanr►elization Widening — Stodcdale Highway— $184,000 $184,000 CONCHITA 5-15-95 Jenkins Road to Allen Road 41334 Street, Resurfacing — Ashe Road — S.P.R.R. to Whke Lane 41335 Street, Resurtacing — Aub�rn Street — Redlands to Oswell 41336 Street, Resurfacing — Blade Avenue — Pasadena to Boise 41337 Street, Resurfacing — Boise Street — Redlands to University 41338 Street, Resurfacing — Colgata Lane — Boise to Kaibab 41339 Street, Resurfacing — Gosford Road — Pacheco to District 41340 Street, Resurfacing — Harvard Drive — Pasadena to Kaibab 41341 Street, Resurfacing — Manning Street — Ming to Outingdale 41342 Street, Resurfacing — North Half Moon Drive — Scenic to Ashe q13q3 Street, Resurfacing — Oswell Street — Aubirn to Redlands ClPsummary 15—Nov-94 $126,900 $126,900 TECH I 4-15-95 $40,400 $40,400 TECH 1 2-28-95 $16,900 S16,900 TECH I 2-28-95 $32,000 532,000 TECH I 2-28-95 $16,900 $51,700 $52.900 $59,200 $57,300 $64�900 $16,900 TECH 1 2-28-95 $51,700 TECH I 4-15-95 $52,900 TECH I 2-28-95 $59,200 TECH I 4-15-95 $57,300 TECH I 4-15-95 $64,900 TECH I 2-28-95 8 PROJECT COMBINED WITH OTHER GROUP 2 PROJECTS FOR ECONOMY OF SCALE. PROJECT COMBINED WITH OTHER GROUP 1 PROJECTS FOR ECONOMY OF SCALE. i PROJECT COMBINED WITFI OTHER GROUP 1 PROJECTS FOR ECONOMY OF SCALE. i PROJECT COMBINED WITti OTHER GROUP 1 PROJECTS FOR ECONOMY OF SCA�E. PROJECT COMBINED WITH OTHER GROUP 1 PROJECTS FOR ECONOMY OF SCALE. PROJECT COMBINED WITH OTHER GROUP 2 PROJECTS FOR ECONOMY OF SCALE. PROJECT COMBINED WITH OTHER GROUP 1 PROJECTS FOR ECONOMY OF SCALE. � PROJECT COMBINED WITH OTHER GROUP 2 PROJECTS FOR ECONOMY OF SCALE. � PROJECT COMBINED WITH OTHER GROUP 2 PROJECTS FOR ECONOMY OF SCALE. PROJECT COMBINED WITH OTHER GROUP 1 PROJECTS FOR ECONOMY OF SCALE. ., o't; �� ; CtTY OF BAKERSFIELD>':: < PUBLIC .WORKS DEPAHTMENT MONTHLY STATUS HEPORT::. 1994-95: CARITAL.IMPROVEMENT PROGRAM ' (iNGLUDES;:F.Y. 1993=94 CARRY FORWARD PROJECTS) ORIGINAt1993-4 .: DIRECT pp� pRp;j, _ - PRD:IECTCARRYCONSTRUCT(t =' 10. NO: .. `. PROJECLTITCE . DATE :'OVER ::. BUDGET B 41344 Street, Resurfacing — Panama Lane — 400' East of $55,500 Cobny to South H 41345 Street, Resurfacing — Various Streets in Park S405,300 Stockdale 41346 Street, Resurfacing — Pasadena Street — Renegade $13.200 to Kaibab 41347 Street, Resurfacing — Purdue Drive — Pasadena to $34,800 Oswell 41348 Street, Resurfacing — Redlands Drive — Wenatchee $57,300 to University 41349 Street, Resurfacing — Renegade Avenue — Wenatchee $26.300 to Boise 41350 Street, Resurfacing — South Half Moon Drive — Ashe $51,700 to Scenic 41351 Street, Resurfacing — Stine Road — Harris to $94.000 Pacheco 41352 Street, Resurfacing — Truxtun Avenue — Oak to "�" 41353 Street, Resurtacing — Wible Road — Panama to Harris 41354 Street, Resurfacing — Oak Street — Trwctun to 24th ClPsummary 15—Nov-94 _ ? c DESIGN i PROJECT COMPL. ; :GONSTRUCTION PRIORITY 4NCE '. ENGINEEF .: DATE ..> : BEGIN . END H/ M L l: ' COMMENTS $55,500 TECH I 4-15-95 PROJECT COMBINED WITH OTHER GROUP2 PROJECTS FOR 5405,300 JARRETT 9-16-94 S13,200 TECH I 2-28-95 534,800 TECH I 2-28-95 $57,300 TECH I 2-28-95 $26,300 TECH I 2-28-95 $51,700 TECH I 4-15-95 $94,000 TECH I 4-15-95 $141,000 5140.995 TECH I 2-28-95 $58,300 $58,300 TECH 1 4-15-95 $125,000 $125,000 TECH I 2-28-95 9 ECONOMY OF SCALE. PROJECT CURRENTLY UNDER CONSTRUCTION. PROJECT COMBINED WITH OTHER Gf10UP 1 PROJECTS FOR ECONOMY OF SCALE. PROJECT COMBINED WiTH OTHER GROUP 1 PROJECTS FOR ECONOMY OF SCALE. �� i PROJECT COMBINED WITH OTHER GROUP t PROJECTS FOR ECONOMY OF SCALE. � PROJECT COMBINED WITH OTHER GROUP 1 PROJECTS FOR ECONOMY OF SCALE. PROJECT COMBINED WITH OTHER GROUP 2 PROJECTS FOR ECONOMY OF SCALE. PROJECT COMBINED WITH OTHER GROUP 2 PROJECTS FOR ECONOMY OF SCALE. PROJECT COMBINED WITH OTHER GROUP 1 PROJECTS FOR ECONOMY OF SCALE. J I PROJECT COMBINED WITH OTHER GROUP2 PROJECTS FOR ECONOMY OF SCALE. PROJECT COMBINED WITH OTHER GROUP 1 PROJECTS FOR ECONOMY OF SCALE. .> .> ,� �, a; ' ° >Ct7Y OF:>BAKERSFIELD ,; ;: ;: . . ` PUBIIC: WORKS DEPARTMENT'MONTHLY STA7lJS HEPORT: ` `' , ,,, . , 1994-95 CARITAL IMPROVEMENT;PROGRAM -- - ` (INCLt9DES F.Y: 1995-94 CARRY FORWARD PROJECTS): ' - . _ ORIGINAl199S-1::' DIRECT _ .;. DESIGN: _ _ _ NAH�PROJ. PROJECTCARRYCONSTRUCTIi PROJECT ;:.COIrIPL:: CONSTRUGTION» PRIURtTY - NO. , NO PROJECT: TITLE. " DATE':= OVER >. BUDGET ' BALANCE < ENGiNEEH` :. DATE::i BEGIN END:' H-! Irf>/.L ' COMMENTS 41501 Land, Acquisition — Off Street Parking $550,000 $550,000 41601 WTP, Improvements — Glass Lined Pipe %r Sludge Lines, Plant2 41602 WTP, Expansion — Metro Bakersfield WWTP Construction 41701 Land, Fencing — Fencing of City Property Neaz Cottonwood Road and Panama Road 4t702 Sewer, Construction — Abandon Old McCutchen Trurdc—Ashe Rd to Stine Rd 41703 Sewer, Rehabilitate — Upgade Lift Station—Sandra at Falcon 41704 Sewer, Rehabilitate — Modify Lift Station—Monkor S/O White 41705 Sewer, Rehabilitate — Modify Gosford Road Lift Station 41706 Sewer, Construction — Eliminate Kern Island Canal Sewer Gossings 41707 Sewer, Construction — Stodcdate Hwy Force Main at C. V. Canal ClPsummary 15—Nov-94 $60,000 $60,000 DeWAYNE 4-15-95 $3,200,000 $3,200�000 $50,000 $50,000 $40,000 $40,000 TECH I 1-31-95 $72,�0 $72,000 CONCHITA 12-15-94 $72.000 $72.000 CONCHITA 12-15-94 $60,000 $50,737 ARNOLD ON—GOING $54,000 $54,000 JARRETT 4-15-95 $36,800 $0 TECH I COMPLETE t0 L M L M COMBINED WITH OTHER LIFT STATION MODIFICATION M COMBINED WITH OTHER LIFT STATION MODIFlCATION H PHASE I MEASURES HAVE BEEN IMPLEMENTED. PHASE II IMPROVEMENTS ARE CURRENTLY BEING INVESTIGATED BY CONSULTANT L POSTPONED PER CANAL DISTRICT REQUEST L PROJECT COMPLETED UNDER EMERGENCY CONDI110NS IN SEPTEMBER 1994. ., �, , � .�� :, i�� ;Ct7Y OF:BAKERSFIECD> , _ . PUBLIC.;WORKSDEPARTMENT MONTHLYSTATUS REPORT' : ` i994=95?CAPITAL IMP..ROVEMENT PROGRAM'_ _ ;; (INGWDES;:F.Y. 1993=94 CARRY>FORWARD PROJECTS):: _ _ ORIGINA1199S—t DIRECT . - DESIGN : /AR� PRO,i PROJECTCARRYCONSTRUCTN ' PROJECT COMPL . CONS7RUCTION PRfORITY NO.. . NO: . PROJEGT TITLE DATE > OVER. BUDGET: BALANCE ENGINEER s: DATE BEGIN ' END H/ M! L COMMENTS 41802 Fuel Farm, Construction — Fuel Farm and Removal of $200.000 $200,000 CONCHITAPENDING M AWAITING AIRPORT DECISION ON LOCATION OF FUEL FARM Existing Tanks 41804 Building, Construction — Constructrestroom facility. 41805 Land, Development — Airport improvments, Underground Utilties, Perimeter Fencing 42003 Building, Upc,3rade — Install new carpet at Refuse 42203 Landscaping, Medians — Rosedale Highway—Oak Street to Camino Del Rio 42205 Landscaaing, Medians — North and Northeast Medians — Stamped Concrete . 42206 Park, Improvement — Saunders Park (Area 2) —Picnic Nooks 42207 Landscaping, Medians — Stodcdale Hwy—Gosiord Road to 1400' E/O EI Rio 42209 Building, Remodel — Construct Women's Shower Facilities 42210 Park, Improvement — Patriots Park—Pump installation in Basin Area 42401 Building, Repair — Chiller Replacement at the Convention Center ClPsummay 15—Nov-94 $35,000 $34,000 TECH 1 3-15-95 . . ••� � .•• $13,500 513,500 $25,000 $25,000 DON 1-15-95 $150,000 $20,000 $59,800 $21,000 $150,000 DON 1-31-95 $20,000 $59,800 DON 2-28-95 $21,000 TECHI 3-31-95 $60,000 $60.000 JARRETT 12-1-94 $500,000 $500,000 DeWAYNE 2-28-95 � L � �, BY PARKS. � M COORDINATE WITH STOCKDALE HIGHWAY RECONSTRUCTION ALONG CAL STATE FRONTAGE. M APPROVAL OF P.S.&E. AT 12-14-94 COUNqL MTG H FEASIBILITYSTUDY COMPLETE. CONSULTANTTO BE PROCURED. Cl7Y:OF. =BAKERSFIELD" : PUBLIC WORKS' DEPARTMENT MONTHLY STATUS>REPORT 1994=95':CAPITAL IMPROYEMENT>PROGRAM; ' ' < (INCWDES'F Y 1993°-94 CARRY FORWARD PROJECTS) ; ORIGINAN99S f :, DIRECT; DESiGN yyqp� pRa�, ' PROJECTCARRYCONSTRUCTN ::.; < PROJECT COMPL. CONSTRt1CTtON PRIORITY> NO. . NO:: .. PHOJECT'TITCE DATE ' OVER::> BUUGET: .: . BALANCE'''. ENGINEER '; DATE. i BEGIN END. H>/ M/ L: s � MMENTS: 42402 Building, Repair - Convention Center-Reseal Arena $110.000 $110,000 DeWAYNE 11-1-94 RESEARCH COMPLETE. AWAITING APPROPRIATE WINDOW TO PERFORM WORK. COORDINATING WITH CONVENTION CENTER STAF Concrete Floor 42403 Building, Remodel - Convention Center-Replace $25,000 �25,000 DeWAYNE 2-28-95 Arena AcousUc Ceiling 42404 Building. Repair - Repair Arena Floor F�cpansion $20,000 $20,000 DeWAYNE 11-1-94 RESEARCH COMPLETE. AWAITING APPROPRIATE WINDOW TO PERFORM WORK. COORDINATING WITH CONVENTION CENTER Gasket STAFF. 42405 Land, Acquisition - Convention Center Parking $206,000 $z06,000 ', 42601 Street, Curbs & Gutters - Oleander-Sunset Area Project - Part A q2602 Sewer, Construction - Panama #10 Ptoject 42603 Building, Remodel - Architectural Barrier Removal Progam 42604 Street Lights, Upgades - Census Tract 20 Light Improvement 42605 Building, Remodel - Roof replacement, 515 Truxtun 42606 Building, Upgade - Install new carpet, 515 Truxtun q2g07 Street, Cirbs & Gutters - Oleander-Sunset Area Project - Part B , , �� ClPsummary 15-Nov-94 � .;' �� $gp,p00 $90,000 JARRETT 12-31-94 $�50,000 $150,000 JARRETT 6-30-95 $7g,000 $78,000 DeWAYNE ON-GOING g37,000 $37,000 KUEHN N/A $16,000 $16,000 N/A N/A $3p,ppp $30,000 N/A N/A $2g,000 $26,000 JARRETT 12-31-94 12 M � L CONSTRUCTION POSTPONED UNTIL REMAINING FUNDS ARE FOR ADVERTISING IN NIXT BUDGET YEAR. � ,T COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS AVAILABLE PROJECT MATERIALS TO BE PURCHASED WITH UNION N0.10 ANNEXATION. CONTRACT AWARDED TO SAN JOAQUIN ROOFING. CONSTRCTION TO BEGIN IN LATE NOVEMBER. CARPET TO BE INSTALLED AFTER ROOF IS COMPLETE. BIDS ARE CURRENTLY BEING OBTAINED. ; ::;;: . CITY OF>BAKERSFIELD:: , _ _ ,: , ` PUBLIC WORKSDEPARTMENT'MONTHLYSTATUS•RERORT - ' ` 1994-95 CAPITAL IMP.ROVEMENT::PROGRAM' ` ' ` ;; (INCLUDES F.Y. 4993-94 CARRY FORWARD PROJECTS) < ORIGINAlt993—f : DIRECT' DEStGN yypp�ppp�, PROJECTCARRYCONSTRUCTit PR0.IEGT COMPL. :: CONSTRUCTtON PRIORITY: NO. NO: PROJECT TITCE ' DATE: OVER: BUDGET: :: BALANCE :: ENGtNEEB : DATE BEGIN END H/.M ! L< COINMENTS 42808 Street, Curbs & Gutters — Oleander—Sunset Area $74,500 $74,500 JARRETT 12-31-94 M Project — Part C . 50505 Acq. Property & Paving / Fence (Betw PD & RR) 58503 Kern River Parkway — Bikepath/Paking ConstrucUon 63016 Fairfax Road @ SPRR — City Portion 66701 Plant #2 Expansion, Phase I& II Design 68306 Land, Fencing — Fencing at Landfill 6g303 Landfiil, Improvements — Methane Gas Project at Landfill 68503 Kem River Landscaping & Development 71004 Medians on New Stine at Sarazen 73p03 South Chester Avenue Crossing Rotection @ SPRR 73007 Coffee Road �idge @ Kern River & Rd Widening 73ppg Coffee Road Widening H/W —&imhall to Rosedale �; � `�' ClPsummary 15—Nov-94 . :S' YES $166,000 5166,000 YES $73,656 $73,656 DON N/A YES $77,600 $77,600 DARNELL YES $138.800 Y138,800 $25,000 $25,000 $50.000 $50,000 YES $73,686 $73,686 YES $20,000 $20,000 N/A N/A YES $5,000 $5,000 N/A N/A YES $100,000 $100,000 DeWAYNE 1-31-95 YES $50,800 $20,800 ARNOLD 8-7-94 13 PROJECT COMPLETE. i � AWAITING INVOICE FROM COUNTY. 1 � BY PARKS. COMPLETE. i ; f RETURN FUNDS TO FUND BALANCE. M PROJECT COMBINED WITH STOCKDALE WIDENING AND MEDIAN CONSTRUCTION IN FRONT OF CAL STATE. H AGREEMENT FOR RIGHT OF WAY HAS BEEN IXECUTED AND DOCUMENTS DELIVERED TO CITY. PROCESSING PAYMENTS PER , :i ., ., ., ;:CtTY:OF: BAKERSFIELD' . P[lBUC. WORKS:DEPARTMENT'MONTIiLY: STATUS: REPORT ': . 1994=95>CAPIT'AL IMP,ROVEMENT PROGRAM. (INCLUDES F.Y: t99s-94 CARRY;FORWARD.RROJECTS) ORIGINAt1993-f - DIRECT<;: JVARDPRaJ PRWECTCARRYCONSTREJCTic : NO. NO;; _ PROJECT TITLE DATE OVER BUDGET: 77201 F Street Storm Drain — Truxtun to 21 st Street 78502 Kern River Landscaping and Development 78505 Bike Path, Construction — Manor Street to China Grade Loop 80501 K Street Parking Mall and Parking Lot 4 81005 Medians on White Lane,Cernan Way to Arvin Edison Canal 6 81016 Upgrade Signal — Castro Lane and Ming Avenue 2 81018 Upgrade Signal — F Street and Truxtun Avenue 2 8� 5 81019 Upgrade Signal — Oalc Street and Chester Lane 6& 7 81020 Upgrade Signal — Planz Road and Wible Road CiPsummary 15—Nov-94 YES $12,154 DESIGN > : PROJECT COMPL. CONSTRtJCT10N PRIORtTY � < rF: FurtNFFp:::'nATE BEGIN END. . H! IN / L. �MM�� $12,154 GEORGE 10-1-94 YES $98,619 $47,033 $234,800 $234,800 DeWAYNE 5-18-94 YES $39,385 $39.385 MARIAN 5-18-94 YES $10,000 YES $31,000 $9,894 DEETER 6-14-94 10-19-94 11-2-94 $31,000 TABLIT 10-3-94 YES $52,729 $52,664 GILLBURG 10-12-94 YES $91,000 $91,000 TABLIT 11-7-94 YES $85,870 $85,870 TABLIT� 10-3-94 14 H FUNDS TO BE USED TO FACILRATE WIDENING OF F STREET BETWEEN TRUXTUN AND 17th AND MISCELLANEOUS DRAINAGE IMPROVEMENTS. H AWAITING RIGHT OF WAY FROM PROPERTY OWNERS. CURRENTLY WORKING WITH PROPERTY MANAGEMENT TO NEGOTIATE NECESSARY RIGHT OF WAY' I H PROJECT COMPLETE PROJECT COMPLETE TO BE AWARDED 12-14-94. CONSTRUCTION SCHEDULED TO BE DETERMINED BY CONSTRUCTION DIVISION SUBJECT TO POLE DELIVERY; 35 CONTRACT WORKING DAYS. COMBINED WITH PLANZ ROAD AT WIBLF ROAD SIGNAL PROJECT #81020 H DESIGN COMPLETE, ENGINEER'S ESTIMATE IXCEEDS AVAILABLE FUNDS. PROJECT BEING REEVALUATED BY TRAFFIC ENGINEER TO BREAK UP PROJECT INTO PHASES OF CONSTRUCTION. H BIDS OPEN 11-30-94. ACTION ON BIDS SCHEDULED FOR 12-14-94. H TO BE AWARDED 12-14-94. CONSTRUCTION SCHEDULED TO BE DETERMINED BY CONSTRUCTION DIVISION SUBJECT TO POLE DELIVERY; 35 COMRACT WORKING DAYS. COMBINED WITH PLANZ ROAD AT WIBLF ROAD SIGNAL PROJECT #81020 : ;.CtIY OF:BAKERSFlEtD _ _ ... PUBLIC:WORKS DEPARTMENT M�NTHLY;STATUS'REPORT � 1994.=95:GAPITAL>IMPROVEMENT PROGRAM :; , _ : ;: (INCLUDES; F.Y: 1993-94;CARRY FORWARD'PROJECTS) ' ORIG�NAH993-4 > DlRECT<; DESIGN VYAAQ PROJ >. ' `. ' PROJECTCARRYCONSTRUCTN : PROJECT ;GOMPL CONSTRUCTION PRIORtTIL > ; ; >: NO. NU: PROJECT TITLE DATE OVER : BUUGET BALANCE: ENGINEER DATE ::: BEGIPE END. H J M/ L . ': _. COMMENTS 83011 Bridge, Replacement - Brown Street at Eastside Canal $140,000 S139,974 ARNOLD 10-31-94 PROJECT CURRENTLY UNDEf± CONSTRUCTION 83013 California Avenue Median Mod�cation and Street Resurfacing between Stodcdale Highway and Real Raod 83014 Calitornia Avenue Resurfacing - Stodcdale to Oak 83016 Median Narrowing Stodcdale - Gosford to E. City Limit 83017 Bridge, Replacement - China Grade Loop at Beardsley Canal 83019 Coffee Road Widening -&imhall to Rosedale 83025 Land, Acquisition - Freeway Rightof Way 83032 Lakeview Avenue Resurfacing - Virginia to Wilkins 83033 Lansing Drive Resurfacing - So. Montclair to Hun�r 83035 &idge, Replacement - Manor Drive at Carrier Canal 83p43 Planz Road Overcrossing - Drainage Improvements g3pqg Stodcdale Hwy Reconst - Oid River Road to A-E Canal �'' ClPsummary 15-Nov-94 .., $264,681 S264,681 $310,000 S309.985 YES $20,586 S20,586 DeWAYNE 2-28-95 $410,000 $410,000 DeWAYNE 12-15-94 YES $349,781 5278,760 ARNOLD 3-31-95 $250,000 5250,000 MARIAN ON-GOING YES $51,988 551.988 ARNOLD 5-18-94 YES $13,302 $13,302 $270,000 S270,000 ARNOLD 11-30-94 YES $60,000 $60,000 YES $20,100 520,100 DeWAYNE 1-31-95 fE� PROJECT CURRENTLY UNDER CONSTRUCTION PROJECT CURRENTLY UNDER CONSTRUCTION M TO BE INCLUDING WITH STOCKDALE HIGHWAY LANDSCAPING. DESIGN UNDER WAY BY CONSULTANT H AWAITING RIGHT OF WAY FROM SUNLAND REFINING COMPANY. SUNLAND HAS GIVEN TENTATIVE APPROVAL FOR TRADING RIGHT OF WAY FOR IMPROVEMENTS BUT HAS NOT FOLLOWED THROUGH YET. M PROJECT CURRENTLY UNDER CONSTRUCTION ; � PROJECT COMPLETE FINALIZING DESIGN DESIGN COMPLETE. ; COORDINATE WITH DEVELOPMENT PROJECT. . ,a =5 ,�' u� '4. - CITY OF<'BAKERSFIELDi . PUBUC>WORKS DEPARTMENT'MONTHLY. STATUS:REPORT '` ` ' 1994-95':CAPITAL IMRROVEMENT PROGRAM : ;: .:(INCLUDES:F Y. 1.99s-94 CARRY`FORWARD PRO.IECTS)= ,. : , ORIGINAl1993 � ;_ DiRECT: ` ' ' DESIGN ;: ; /AAQ PRE�! PROJECTCARRYCONSTRU.CT(t PROJECT COIiAPL. ! CONS`TAUCTfON PRIORiTY: END H/ M/ L COMMENTS _ BALANCE::'> ENGiNEEH '.UATE .; ` BEGIN NO. NO; PROJECT TITLE'. DATE :' OVER . BUDGET: ' 83058 Channelization Widening — In�ersection — YES 5422,000 5421,335 ARNOLD 1-31-95 H CURRENTLY NEGOTIATING RIGHT OF WAY ACQUISITION WITH Stockdale & Cal'rfomia 83058 Widen In�ersection — Stodcdale at Cal'rf (Phase 2 8� 3) 85001 K Street Parking Mall & Parking Lot 87001 Northeast Sewerline 87002 Stine Road Sewer Replacement Pacheco to Harris 88501 Park, Improvement — Beach Park—Improvements 88502 Wible Road Landscaping 90503 Call Boxes on Kern River Bike Path 1,2,3 91001 Reflectorize Major Streets Citywide 5,6,7 4 91002 New Signal — Ashe Road at South Half Moon Drive 91003 New Signal — Buena Vista Road at Stockdale Highway 6 91004 New Signal — Panama Lane at Stine Road ClPsummary 15—Nov-94 YES $85,275 559,842 ARNOLD 1-31-95 YES $211,200 (53,849) COMPLETE YES $3,717,290 $3,717,290 DeWAYNE 6-30-94 YES $27,044 S27,044 YES $150,000 5147,210 YES $74,955 S74,955 DON 8-24-94 PROPERTY OWNERS. H CURRENTLY NEGOTIATING RIGHT OF WAY AC�UISITION WITH PROPERTY OWNERS. � H CURRENTLY UNDER CONSTRUCTION. l ;� BY PARKS. M TO BE AWARDED 11-16-94 YES $22,250 522.250 ARNOLD N/A 10-1-94 10-31-94 H CONTRACTS FOR SERVICE AND INSTALIATION BEING PROCESSED. YES $45,000 545,000 BRAD 9-14-94 YES $102,129 5101,879 TABLIT 5-25-94 YES $48,000 S48,000 YES $54,000 S53,631 TABLIT 6-15-94 t6 M AWARDED 11-16-94. CONSTRUCTION SCHEDULE TO BE DETERMINED BY CONSTRUCTION DIVISION. 15 CONTRACT WORKING DAYS. t H AWARDED 7-13-94. CONSTRUCTION SCHEDULED TO BE DETER— MINED BY CONSTRUC110N DIVISION SUBJECT TO POLE DELIVERY. 35 CONTRACT WORKING DAYS. H AWARDED 8-10-94. CONSTRUCTION SCHEDULED TO BE DETER— MINED BY CONSTRUCTION DIVISION SUBJECT TO POLE DELIVERY. 35 CONTRACT WORKING DAYS. �i; �:�' .;' i.j cf`' CITY OF;!BAKERSFIELD >:. PUBUC; WORKS D.EPARTMENT'MONTHIY STATUS flEPORT; . . > ' ' - ' 1994-95':GAPITAL:IMPROVEMENT' PROGRAM ;., . (INCWDES;:F.Y. 1993-94>CARRY FORWARD;PROJECTS) : ,... > - ORIGtNAl199S-4 ; : DIRECT :: DESiGN WAA[i PROJ. `' PROJECTCARRYCONSTRUC'iN PROJEC7 ::: COMPL. ,_CONSTAUCTI�N PHIORtTY _ ; , NO. NO: ::. PROJECT:TITLE' DATE°': OVER.: BUDGET: 'BALANCE:i: ENGtNEER' .DATE '::: BEGIPF. END :: H L M./. L.: COMMENTS 1& 2 91005 Upgrade Signal — California Avenue at H Street YES $72,985 $72,550 TABLIT 7-15-94 H AWARDED 8-24-94. CONSTRUCTION SCHEDULED TO BE DETER— MINED BY CONSTRUCTION DIVISION SUBJECT TO POLE DELIVERY. 35 CONTRACT WORKING DAYS. VAR. 91006 Channelization Verious Locations YES $47,436 $45,860 ALL 10-12-94 USED FOR MINOR CHANNEIJZATION, REMAINDER BEING COMBINED WITH F STREET AT TRUXTUN AVENUE SIGNAL UPGRADE PROJECT # 81018. ALL 91007 Upgrade Signal — Various Locations YES $8,807 $6,716 BRAD ONGOING H WORK PERFORMED ON AS NEEDED BASIS i 4,5,&6 91008 Signal Interconnect — Southwest Arterial (STOCKDALE, YES $201,000 $201,000 BRAD H ALL 3 SEGMENTS 85% COMPLETE. PLAN COMPLETION IXPECTED MONTCLAIR,—REAL; STOCKDALE. EL RIO — CALIFRONIA; GEORGE IN DECEMBER FOR SUBMITTALS TO CALTRANS FOR APPROVAL TO MING, GOSFORD NEW STIN� CMAQ — SW ARTERIAIS ADVERTISE. CURRENTLY MAPPING UTILtTY INFORMATION. I 3 91010 Guardrail — China Grade, City Limits to Panorama Drive ALL 91011 Signal, Operations — Traffic Operations Center 6 91012 Upgrade Signal — Akers Road at Wilson Road 2& 5 91013 Signal Interconnect — Truxtun Avenue, Oak to A Street 91014 New Signal — Haley at Monterey Street g3p02 Channelization Median Narrowing — Caliiornia Avenue g3p03 Street, Resurfacing — F Street — 14th to 24th ClPsummay 15-Nov-94 YES YES YES $g,000 $9,000 DEETER/ COUNN $s0,000 579,989 BRAD/ CONSLTNT $81,635 $27,000 $25,000 TABLIT 2-11-94 7-18-94 9-2-94 $26,958 BRAD/ 9-14-94 DEETER YES $91,839 $91,839 YES $209,858 S209,858 $177,000 $177,000 JARRETT 2-15-95 17 M CITY SHARE OF COUNTY DESIGNED PROJECT. IXPECTED SPRING OF 1995. M RFP/RF� TO BE COMPLETED BY END OF NOVEMBER. H AWARDED 4-6-94. NOTI(� OF COMPLETION 9-28-94. H AWARDED 11-16-94. CONSTRUCTION SCHEDULED TO BE DETER— MINED BY CONSTRUCTION�DIVISION. 20 CONTRACT WORKING DAYS. PROJECT CURRENTLY UNDER CONSTRUCTION PROJECT COMBINED WITH OTHER S.T.P. PROJECTS FOR ECONOMY OF SCALE. :� .� ,,, >;.� G�- ` C[TY'OF: BAKEHSFIE[D' : ':. RUBLIC. WORKS, DEPARTMENT MONTHLY'STATUS: REPORT 1994= 95':CAPITAL'I MPROVEM ENT> PROGRAM ' (INCCUDES F Y 1995 ,94;CARRY FORWARD PROJECTS) _ _ . _ .. ORIGINAlt999 4 :::DIHECT ; VAA[i PROJ PROJECTCARRYGONSTRUCTIt ` NO. NO.' PRWECT TITLE': DATE .: OVER '' BUDGET BI 93004 Rancheria Avenue at Kern River &idge Repais YES $45,000 93005 . Bike Path, Widening - Beach Park to SPRR 93007 Lakeview Avenue Resurfacing - CatiTornia to Virginia 93008 Panorama Drive Resurfacing - Monte Vista to River 93009 4th Street Resurfacing - Chester to P Street 93010 8th Street Resurfacing - Chester to P Street 93013 California Avenue Resurfacing - Baker to L�ceview 93014 CaliTornia Avenue Resurfacing - Stockdale to Mohawk 93015 Street, Widening - Caliiornia Ave. - Oak to Real 93015 California Aven� Widening - Oak to Real Road 93016 Chester Avenue Resurfacing - 34th to Garces Circle 93018 H Street Resurfacing - Truxtun to 16th Street g3p�9 Monitor Street Resurfacing - White Lane to Pacheco ClPsummary 15-Nov-94 YES YES YES YES YES $85,000 $109,666 $276,605 $95,677 $79,682 $254,669 $127,580 DESIGN > PRO.IECT COMPL. .:. CONSTRUCTtON PRIORFTY ` :E> : ENGiNEER ;' DATE.:. BEGIk ; END_ H Y M/ L> ' ' COMMENT: rm CoNCHITA 1-31-95 M WILLALSO INCWDE BRIDGE fiAILINGS. $85,000 DON s-30—s5 $109,666 ARNOLD 5-18-94 $276,199 ARNOLD 5-18-94 $95,677 ARNOLD 5-18-94 $79,682 ARNOLD 5-18-94 $254,640 ARNOLD 5-18-94 $127,580 YES $285,000 $285,000 DeWAYNE 11-15-94 3-1-95 8-31-95 YES $1,365,609 $1,209,609 DeWAYNE 11-15-94 3-1-95 5-31-95 YES $70,682 $70,682 ARNOLD 5-18-94 YES $t8,682 YES $108,682 $18,682 ARNOLD 5-18-94 $108,682 ARNOLD 5-18-94 18 il L RECEIVED PARTIAL FUNDING APPROVAL THROUGH 9-9-94 LETTER FROM KERNCOG. REMAINING FUNDING WILL BE GRANTED IN THE 1995-96 FUNDING CYCLE. PLANS READY BY 6-30-95. J PROJECT CURRENTLY UNDER CONSTRUCTION � PROJECT CURRENTLY UNDER CONSTRUCTION s# � PROJECT CURRENTLY UNDER CONSTRUCTION PROJECT CURRENTLY UNDER CONSTRUCTION PROJECT CURRENTLY UNDER CONSTRUCTION PROJECT CURRENTLY UNDER CONSTRUCTION H DESIGN 9996 COMPLETE. AWAITING CALTRANS APPROVAL � H DESIGN 99°6 COMPLETE. AWAITING CALTRANS APPROVAL PROJECT CURRENTLY UNDER CONSTRUCTION PROJECT CURRENTLY UNDER CONSTRUCTION PROJECT CURRENTLY UNDER CONSTRUCTION I s:, •> a� �;.� :.) v., , ,: C17Y OF: BAKERSFIELD: _ ' PUBIIC:WORKS:DEPARTMENT:MONTHGY'STATUS REPORT.. `:1994-95':CAPITA� IMPROVEMENT RROGiiAM :: - ,. . {iNCWDES:FY. 1993 94;CARRY FOAWARD PRQJECTS);:: ORIGINAl1993—f<-- DIRECT.;; ` DEStGN : `` - ypp[� ppp;�, PROJECTCARRYCONSTRUCTN i PROJECT COMPL. CONSTAUCT{ON PRIORtTY NO. NOs: PROJECT TITLE:. DATE <:OVER :' BUDGET:: BACANCE ENGINEEN ; DATE BEGIN ENO H'/ UA / L > 93024 Truxtun Avenue Resurfacing — Mohawk to AT & SF Railroad YES $187,682 St87,682 ARNOLD 5-18-94 PROJECT CURRENTLY UNC � 93025 Belle Terrace Resurfacing — Forko to Stine YES $117,682 $117.682 ARNOLD 5-18-94 PROJECT CURRENTLY UNDER�CONSTRUCTION 93026 District Boulevard Resurfacing — Grissom to Stine YES $67,570 �67,570 AFiNOLD 5-18-94 PROJECT CURRENTLY UNDER)�COIVSTRUCTION i 93027 Ming Avenue Resurfacing — Wible to Hughes YES $230,619 5230,619 ARNOLD 5-18-94 PROJECT CURRENTLY UNDER CONSTRUCTION 93029 Bike Path, Construction — Truxtun Avenue Tunnel at Qusilwood 93030 &idge Construction — Coffee Road at AT & SF 93031 Chester Avenue Underpass &idge Seismic Retrofit 93033 Median Construction — Various Locations 93035 Equestrian Trail Abng Kern River @ Route 178 94001 Calbway &idge Construction 83015 Calbway &idge Construction — New Signal — Calbway at Goss Valley Canal, &imhall Rd. Modification @ Stockdale g5001 Coffee Road Overcrossing Construction 96701 Design of Metro Wastewater Treatment Plant ClPsummary 15—Nov-94 $50,000 YES $100,000 YES $32,000 YES $367,801 YES $38,633 $50,000 DON 4-15-95 L RECEIVED FUNDING APPROVAL THROUGH 9-9-94 LETTER FROM KERNCOG. , I i� $44,333 ARNOLD 8-3-95 10-15-9510-18-96 H PROJECTTHROUGHGRADESEPARATIONOISTRICT. $31,780 MARIAN 12-15-94 $177,801 DON 5-15-95 $5.000 BRAD 7-15-94 $6,pp0,000 $6,000,000 DeWAYNE 12-1-94 2-1-95 12-31-95 TABLIT $8,250,000 $8,250,000 ARNOLD 8-3-95 10-15-9510-18-96 $2,057,500 $1.900,000 �s H STRATEGY PLAN COMPLETE BY CONSULTANT. ONCE APPROVED BY CALTRANS, FINAL DESIGN WILL BEGIN. PROJECT ON SCHEDULE. s M WILL CONSTRUCTION WHITE LANE MEDIANS BETWEEN BUENA VISTA ROAD AND MT. VISTA ROAD THIS F.Y. i L PROJECT COMPLETE � r I H APPROVAL OF P.S.BE. AT 12� 14-94 COUNCIL MTCa PS &E COMPIFTE FOR BRIMHALL & CANAL SITES, AWAITING SOME UTILIN SERVICE INFORMATION. AWAITING DATA FROM MARTIN—MCINTOSH FOR STOCKDALE INTERSECTION TO BE INCORPORATED INTO OUR PLANS. H PROJECT THROUGH GRADE SEPARATION DISTRICT. � �t ti� b� ni � �'� CtTY:OF BAKERSFIE[D. _ ,' __ '; Pf1BLIC! WORKS DEPARTMENT:MbNTHLY: STAT.l1Si'REPORT: ° _ .. .: 1.994-95;CAPITAL:IMPROYEMENTI PROGRAM ' < > (INCWDES;F.Y. 1;993=94 CARRY:FOHWARD PROJECTS) ; ; ; : ORIGINAlt993 4 DIRECI`:' DESIGN < . - .. WARIiPHOJ ' PROJECTCARRYCONSTRt1CTp ;:: PROJECT COMPL:; ' NO. . NO::: PROJECT TITLE ::::: DATE : OYER 6UDGET:: BALANCE : ENGiNEER DATE : 96702 Sandblast&RepaintClaifiers,Plant#2 YES $40.000 $40,000 DeWAYNE4—t5-95 96704 Rehabilitate &undage Lane — Real to Oak YES $99,200 $99,200 CONCHITA 11-30-94 96705 Sewer Construction — Gulf Street 97001 Sewer, Rehabilitate — Westchester Area Easements & Alleys 97001 Rehabilitate Westchester Area Easements & Alleys 97003 Rehabilitate &andon Lift Station Modification 97004 Sewer Rehabilitate — Brundage Larre — Real to Oak 97005 Sewer Construction — Gulf Street 97202 &eckenridge Drainage Basin 97203 Storm Drain Construction — Akers Road — Thoreson 97402 Land Development — Apron Construction and Perimeter Fencing g7403 Install Sewer Line and Electrical Conduit 98101 land, Development — Wood Recycling Facility — Asphalt Paving ClPsummary 15—Nov-94 YES $69,980 569,980 MARIAN 9-16-94 YES YES YES YES YES YES $276,000 $252,653 $99�877 $99�200 $69,980 $J0.000 $8�860 $276,000 CONCHITA 11-30-94 $294,869 CONCHITA 11-30-94 $44,88� JACK 5-18-94 $99,2� CONCHITA $69,975 MARIAN $90,000 DeWAYNE 5-15-95 $7,675 YES $147,135 $147,135 YES $8,512 $8,512 $250,000 $250,000 ARNOLD 12-15-94 20 _ ONSi'AEICTION PRIORITY: EGIt�E END H J M/ L: ; L f ; 1 � M DESIGN COMPLETE. WILL HAVE P.S.&E. APPROVED AT 12-14-94 COUNCIL MTG. H DESIGN COMPLETE. CURRENTLY BIDDING. WILLAWARD AT 12-14-94 COUNqL MTG. ' M DESIGN COMPLETE. WILL HAVE P.S.B�E. APPROVED AT 12-14-94 COUNCIL MTG. , � M DESIGN COMPLETE. WILL HAVE P.S.&E. APPROVED AT 12-14-94 COUNCIL MTG. { � L PROJECT COMPLETE M DESIGN COMPLETE. WILL HAVE P.S.B�E. APPROVED AT 12-14-94 COUNCIL MTG. H DESIGN COMPIETE. CURRENTLY BIDDING. WILLAWARDAT t 2-14-94 COUNqL MTG. I i L 1 PROJECT COMPLETE � PROJECT CURRENTLY UNDER CONSTRUCTION H CONSULTANT CURRENTLY DESIGNING FACILITY IMPROVEMENTS. � i �' � :; i% i•, r� �� f „ CtTY> OF: BAKEHSFIECD;'' - > FUBLIC WORKS:DEPARTMENT MONTHLY STATUS>RERORT ;; ' , _ 1994:-95"CAPITAL IMPROVEMENT'PROGRAM: : ;' (tNGLUDES::FY.,1993-94;CARRY:FORWARD>PRQJECTS�> ' ;.. ` ORIGINAt1993-4. DtRECT:::: < DESIGN : WAAQPROJ. ' PROJECTCARRYCONSTRUCTN PROJECT COMPL. CONSTAUCT{ON PRIORtTY:: ' NA Nc] : PRaJECT TITLE <' ;: . DATE OVER ' BUDGET: BALANCE :::ENGiNEEA DATE BEGIN ' END H: / M! L: 98504 Park, Improvement — Kern River Parkway—Playgound Equipment 98506 Rosedale Hwy Landscaping & Irrigation Improvements 97010 Stine / Harris Assessment.District Convention Center Baltroom Convention Center Meeting Rooms Rt1BLIC WORKS DEPARTMENT TOTAL ::: . > ` CARITAL IMPROVEMENT E'ROGRAM TOTAL ClPsummary 15—Nov-94 YES $21,500 521,495 DON 2-1-95 YES $40,000 �.38,084 DON 5-18-94 YES $975,730 $975,730 YES $1.863,000 $1,719,714 YES $537,000 $498.441 _. ._.... . . . _ __ .... 548,287,766 : 547;988,485:; 555.040,957 S5S,T40,928 � ; � � H � I 1 M PROJECT CURRENTLY UNDER �CONSTRUCTION 1 � 1 :i _� �� „u,,,,,,,,,,,,,, ``10�� 1 � �I.J;�, .' ,,, �' r%= .: �.< ;;, _ ,,, .; �y �"" rn��u,,,� . v tr \�o` =-y'i,'- u"'i, �, 11��1� �-�y `► � /;�IIIIIII TO: FROM: MEMORAi�IDUM GREGORY J. KLIMKO, FINANCE DIRECTOR OCTOBER 17, 1994 �� GIL ROJAS, ASSISTANT FINANCE DIRECTOR � SUBJECT: COUNCIL REFERR.AL (MCDERMOTT 09�28�94) On September 28, 1994, Councilmember McDermott requested the Finance Director to provide a summary of revenue generated from Demolition and Weed Abatements as well as provide a listing of outstanding amounts due and anticipated payments. The Finance Department began tracking all demolition assessments in fiscal year 1987-88 due to the lack of information provided by the'County Tax Collector. We have also tracked weed abatements from fiscal year 1992-93 which was the year the program was revived by the Fire Department. Using the data we have recorded since 1987-88 for demolitions and 1992-93 for weed abatements we have prepared a list of unpaid assessments (Attachment A) and paid assessments (Attachment B). The unpaid assessments will be delinquent on the County tax rolls until paid or the end of five years whichever comes first. After five years, the County proceeds with a tax sale of the delinquent property. The County sets a minimum bid price that is sufficient to cover all delinquent amounts assessed to the property. However, if the property does not sell, the minimum bid price is reset at a lower price by eliminating the assessment (demolition, weed abatement, etc.) due on the property. When the property does sell, the County make a representation to the buyer that the property is free of all tax liens. Therefore, there is no guarantee that the City will eventually be reimbursed our money spent on demolition and weed abatement. krc MGR.66 Attachment --- - -- --_--- �=-= =_ - - i = -�, ; �i �, �.,—_ --� , „ .�,� - �� _�._� , � �__. -_.. -= = - � - _ .. ,. I � � �r ' �.�. n . . _ . . _. .. . ., . . � . . J •.--�. • .; DATE OF COUNCII. AUTHORIZATION DEMOLITIONS: 05/26/93 05/26/93 OB/14/91 OB/14/91 OB/14/91 10/23/91 07/17/91 07/17/91 07/17/91 07/17/91 07/17/91 07/11 /90 07/11 J90 07/11 /90 07/11 /90 07/11 /90 07/11/90 07/11/90 07/11 /9Q 08J09/89 08/09J89 08/09/89 08/09/89 08/09/89 02/17/88 02/17/88 02/17/88 02/17/88 02/17/88 02/17/88 07/15/87 07/15/87 07/15/87 07/15/87 07/15/87 07/15/87 ATTACHMENT A CIIY OF BAKERSFIELD DEMOLITION, NUISANCE AND WEED ABATEMEIYT SUMMARY—UNPAID TAXYEAR PARCEL# PROPERNOWNER 1993-94 018-121-10 EVELYN SANDERS 1993-94 019-102-10 MAE S WILLIAMS 1992-93 019-112-07 JESSE & NANCY RILEY 1992-93 001-282-01 ARTHUR & ANGELICA GENOVA 1992-93 001-282-02 ARTHUR & ANGELICA GENOVA 1992-93 019-091-05 JIMMY HAMILTON 1991-92 009-392-13 KIMBERLINAS.GEORGE 1991-92 014-130-13 FELIX HOLGAR INC 1991-92 018-062-10 JOE & MARIE FAMBROUGH 1991-92 019-182-13 HENREANJOHNSON 1991-92 019-183-07 JULIUS WALTON 1990-91 009-142-10 ALVIN MORGAN 1990-91 018-102-09 MAGGIE PRINCE PARI�R 1990-91 018-123-18 JOSEPH G.JUE 1990-91 018-123-20 FELIZ HOGAR INC 1990-91 018-420-11 M.V. BRZAN 1990-91 019-043-02 ADERJONES LIFE ESTATE 199d-91 019-181-07 DEWEY CAMPBELL 1990-91 022-250-15 HOWARD COWART 1989-90 015-240-20 MATTIE P. TOWERS 1989-90 018-230-08 BURNETT LOVE 1989-90 019-051-04 JOSEPH SALAS JR 1989-90 019-072-13 ALFRED L. STERNS 1989-90 019-101-02 RUBY LACEY 1988-89 003-090-05 ALFRED PIERRO 1988-89 005-472-02 JOSEPHJUE 1988-89 018-062-15 BURNETTE LOVE 1988-89 018-121-09 GRADY & EVELYN SANDERS 1988-89 018-280-26 BILLY C. MOL4ND 1988-89 018-410-01 WILLIE ELLIS 1987-88 006-531-08 CAROLE J. DYKES 1987-88 009-102-13 LONZETfASCOTTTRUST 1987-88 009-112-08 T.J KIZER 1987-88 009-112-09 T.J KIZER 1987-88 018-092-12 BESSIE MORTEN DAWSON 1987-88 019-182-03 F.B. APPERSON OUTSTANDING ASSESSMENTS—DEMOLITIONS NUISANCES: 10/23/91 1992-93 023-123-10 GAYE BERNSTEIN OUTSTANDING ASSESSMENTS—NUISANCE WEED ABATEMENTS: 10/21/92 1993-94 003-090-05 ALFRED L. PIERRO 01/06/93 1993-94 009-102-13 LONZETfASCOTTTRS 07/15/92 1993-94 018-170-10 TINY M. THOMPSON 10/21/92 1993-94 018-250-31 EARL MACK 11 /04/92 1993-94 018-260-15 LIGHTHOUSE FULL GOSPEL CHURCH 07/15/92 1993-94 018-320-05 LEWIS H. PATTON 07/15/92 1993-94 019-183-07 JULIUS WALTON 07/15/92 1993-94 019-192-08 MARSHAIl PLAN 01/06/93 1993-94 020-210-11 SHARONTOLBEIiT 11/04/92 1993-94 372-031-12 JOE FAMBROUGH 08/28/91 1992-93 171-010-43 GWENDOLYN NOLEN 02/12/92 1992-93 018-400-15 GREGORY V. CARR 02/12/92 1992-93 018-270-23 EUNICE SMITH 02/12/92 1992-93 009-102-13 LONZE�ASCOTTTRUST OUTSTANDING ASSESSMENTS—WEED ABATEMENTS (1) APPROVED FORTAXSALE-10/20/94 (2} NOT PLACED ON TAX ROLL (3} ON INSTAUJIAENT PLAN (4} SOLD ATTAXSALE—DEMOLITION NOTCOLLECTED DESCRIPTION 1500 RALSTON ST 505 SOUTH HALEY 701 SOUTH HALEY 1711 25TH STREE7 2427"H"STREET 514 S. WILLIAMS 524 7TH STREET 1114 KING STREET 1415 E 19TH STREET 337 S. HALEY 339 S. BROWN 901 L STREET' 1213 GORRILL 400-406 LAKEVIEW 1504 VIRGINIA AVE 302 LAKEVIEW 918 COLLINS 31 B SOUTH HALEY 54 PLANZ RD 1201 NILES 216 SOUTH OWENS 1108 SOUTH BROWN 423 SOUTH HALEY 608 SOUTH HALEY 2301 B STREET 1922-1930 L STREET 1509 EAST 9TH ST 1424 RALSTON STREET 228 NORTHRUP ST 1521 EAST 3RD ST 1205 EYE STREET 110610TH STREE� 1005 L STREET 1003 L STREET 1421 GORRILL STREET 332 SOUTH BROWN STREET 1920 CLARK ASMT AMOUNT 3,957.35 4,484.80 4.734.35 3,693.50 3,345.50 2,306.20 1,770.34 1,846.50 4,449.Q0 1,705.60 3,503.50 3,784.d0 1 �638.50 8,159.50 2,615.25 1,631.50 1,428.50 1,353.Q0 2,313.00 1.412.60 2,917.50 i ,sas.ao 2,773.80 1,211.60 4,254.62 25,950.43 2,144.45 3,651.80 1,712.d0 1,255.00 4,450.Q0 1,524.50 1,225.00 2�900.Q0 962.00 2,407.50 121.118.69 NOTES (3) (3) ��) (�) (4) ��) ��) ��) �1) ��) i1) ��) (4) ��) �1) (1) ��) ��) (4) �2) �1) �2) �2) �2) ��) 7,026.17 (3) 7.026.17 2301 "B" STREEI' 714.16 VACANT LOT W OF 1003 N ST 752.41 4 KINCAID STREEf 504.35 N/W CORNER S OWENS & E BRUNDAG 655.21 MAYFLOWER ADD LOTS 1, 2 753.65 S OF 122 HAYES 504.35 339 S. BROWN STREEf 504.35 221 S. BROWN 504.35 311 GARNSEY 2,763.43 VACANT PROP W OF S. H ST, S OF PAC 1,011.74 1208 PACH ECO RD 1,684.50 105 CLIFTQN 471.43 129 S. OWENS 471.43 VACANT LOT W OF 1003 N ST 471.43 11.766.79 LEG DEMO\DEM03 10/11 /94 ��) �1) � ��,, �� ' �. � DATE OF COUNCIL AUTHORIZATION DEMOLITIONS: 08/14/91 10/23/91 07/17/91 07/17/91 07/17/91 07/17/91 07/17/91 07/11 /90 07/11/90 07/11/90 07/11 /90 07/11/90 07/t i /90 07/11/90 08/09/89 08/09/89 08/09/89 OS/09/89 08/09/89 OS/09/89 08/09/89 08/09/89 08/09/89 08/09/89 08/09/89 OS/09/89 08/09/89 OS/09/89 08/09/89 02/17/88 02/17/88 02/17/88 02/17/88 02/17/88 02/17/88 02/17/88 02/17/88 07/15/87 07/15/87 07/15/87 07/15/87 07/15/87 07/15/87 07/15/87 ATTACHMENT B CITY OF BAKERSFIELD DEMOLITION AND WEED ABATEMENT SUMMARY-PAID TAX YEAR PARCEL # PROPERTY OWNER 1992-93 OQ9-162-18 JASON OLIVER 1992-93 OQ5-222-03 NANNIE BELL MOORE 1991-92 015-010-13 JERRY LEE & STEVEN H. JENKINS 1991-92 015-360-07 ROY & BEATRICE COLBERT 1991-92 015-360-08 ROY 8� BEATRICE COLBERT 1991-92 018-122-31 LUCASPADILLA 1991-92 018-200-16 RICHARD BODIE 1990-91 Od6-531-03 BETTYE KELLAR 1990-91 018-073-04 ARIZONA TIMMS 1990-91 018-073-05 TOBY L. DAVIDSON 1990-91 018-340—i6 ALFRED ELNORA III 1990-91 019-182-04 T.M. KEYS & P. BRADFORD JR 1990-91 019-191-08 ORA L. FRAZIER 1990-91 339-441-03 NANCY RAE McCUISTION 1989-90 002-162-01 JAMES L. & JANICE MERRILL 1989-90 Od5-251-03 GRACE SHELTON 1989-90 006-531-01 BETTYE KELLAR 1989-90 010-180-10 LILLIE M. PATTERSON 1989-90 010-190-20 BEfTYHUMPHREYAUSTIN 1989-90 018-072-05 DORTHY RUSSAW 1989-90 018-102-03 ROSIE LEE MILLER 1989-90 018-123-22 WALTER HOWARD 1989-90 018-170-10 TERRY M. THOMPSON 1989-90 018-350-20 DOUGLAS ALGE 1989-90 018-350-21 DOUGLAS ALGE 1989-90 018-370-06 RETIREMENT FUND 8 LTD 1989-90 018-420-01 TOM F. JUE 1989-90 019-071-07 ST PAUL CHURCH OF GOD 1989-90 019-141-10 MANUEIARICO 1988-89 014-040-08 LARRY & EUNICE FAMBROUGH 1988-89 014-040-09 LARRY & EUNICE FAMBROUGH 1988-89 014-Q40-10 ROBERT & SALLYSMITH 1988-89 018-Q91-38 PAUL CRAFTON 1988-89 018-121-14 B.A.J.&CQMPANY 1988-89 018-190-09 ARMANDOOZUNA 1988-89 018-410-11 JOHN DILLARD 1988-89 019-182-01 ROY JERRY THOMAS 1987-88 009-162-19 ALFRED L. PIERRO 1987-88 014-d80-12 SOPHIATAYLOR 1987-88 017-190-06 DOROTHY RANDLE 1987-88 018-127-12 NATHANIELSTRONGJR 1987-88 018-190-09 CALIFORNIA CAPITAL FUND 1987-88 018-310-11 WEBSTER D. JONES 1987-88 018-420-03 TOM F. JUE OUTSTANDING ASSESSMENTS-DEMOLITIONS DESCRIPTION 910 "O" STREET 2212 "N" STREET 1424 QUINCY 1138 OWEN3 1134 OWENS 1316 MURDOCK 231 KINCAID 1619 & 1623 13TH ST 1115 E. 9TH STREET 1117 E. 9TH STREET 115 HAYES ST 330 SOUTH BROWN 201 LAKEVIEW 7708 CALLE ESPADA 2719 L STREET 2125 Q STREEf 1624 13TH STREET 13d1 CHESTER PLACE 1124 3RD STREET 1117 E. 10TH STREET 1115 GORRILL ST 1424 VIRGINIA 4 KINCAID 241 HAYES 237 HAYES 328 CLIFTON 332 LAKEVIEW 1630 VIRGINIAAVE 815 LAKEVIEW AVE 529 OREGON ST 1318 KERN STREET 1314 KERN STAEEr 1409 POTOMAC AVE 1420 RALSTON STREET 104 AUGUSTA/908 WILKINS 202 LAKEVIEW AVE 338 SOUTH BROWN ST 917 10TH STREET 500 MONTEREY STREET 1225 EAST 19TH STREET 1505 RALSTON 104 AUGUSTA 205 NORTHRUP 328 LAKEVIEW AVE PAGE � OF 2 ASMT PAID 2,102.25 3,506.00 2,563.00 1,819.00 1,362.50 ' 2,323.80 8,756.31 8,538.00 1,763.50 1,618.40 1,367.50 2,234.50 2,133.45 3,960.05 3,516.80 3,467.40 1,898.50 2,257.35 2,976.45 2,19125 1,669.00 4,468.75 3,337.25 1.771.17 1,771.18 2,113.50 3,520.90 628.25 2,746.70 1,268.30 2,853.70 1,679.50 2,794.50 1,640.55 i ,042.40 2,222.80 979.75 2,942.00 1,375.00 900.00 1,250.00 935.00 1,325.00 1,525.00 107.116.21 -�► �� -' ' -r ATTACHMENT B CITY OF BAKERSFIELD DEMOLITION AND WEED ABATEMENT SUMMARY-PAID DATE OF COUNCIL AUTHORI2ATION TAX YEAR PARCEL # PROPERTY OWNER WEED ABATEMENTS: 11/04/92 1993-94 010-312-11 DEE L. ABBOTT ET AL 11/04/92 1993-94 010-312-12 DEE L. ABBOTT ET AL 07/15/92 1993-94 018-091-38 PAUL CRAFTON 01/O6/93 1993-94 018-123-09 JESUSA R. RUIZ 1Q/21/92 1993-94 018-200-04 ZULAMAE BUTLER 10/21/92 1993-94 018-210-06 DENNIS MARY SINA 07/15/92 1993-94 018-370-01 WILLIAM HOWLEfT 07/15/92 1993-94 018-420-03 TOM F. JUE 07/15/92 1993-94 138-261-11 PACIFIC FRUIT EXPRESS 10/21/92 1993-94 171-010-43 GWENDOLYN NOLEN ET AL 12/18/91 1992-93 161-311-07 WINSSINGER DEV. 12/18/91 1992-93 i 61-312-06 WINSSINGER DEV. 12/18/91 1992-93 161-311-08 WINSSINGER DEV. 12/18/91 1992-93 161-312-05 WINSSINGER DEV. 12/18/91 1992-93 i 61-312-02 WINSSINGER DEV. 12/18/91 1992-93 161-312-01 WINSSINGER DEV. 12/ig/g1 1992-93 161-322-06 WINSSINGERDEV. 12/18/91 1992-93 161-322-05 WINSSINGER DEV. 12/18/91 1992-93 161-322-04 WINSSINGER DEV. 12/18/91 1992-93 161-312-15 WINSSINGER DEV. 02/12/92 1992-93 018-270-07 J.B. LARKINS OUTSTANDING ASSESSMENTS-WEED ABATEMENTS DESCRIPTION PAGE � OF 2 ASMT PAID LOWELL ADD S 287.2 FT OF E 152.625 F 521.72 LOWELL ADD S 150 FT OF E 152.625 FT 521.72 1409 POTOMAC 504.35 1413 MURDdCK 1,169.09 228 AUGUSTA 690.64 324 AUGUSTA 812•8� N/W CORNER VIRGINIA/CLIFTON 504.35 328 LAKEVIEW 504.35 VACANT PROP N OF KENTUCKY, S OF E 504.35 1208 PACHECO 925•12 13808 SAN ESTEBAN AVE 327.1 S 13809 SAN ESTEBAN AVE 327.18 13812 SAN ESTEBAN AVE 327.18 13901 SAN ESTEBAN AVE 927•18 13913 SAN ESTEBAN AVE 327.18 14001 SAN ESTEBAN AVE 327.18 14009 SAN ESTEBAN AVE 327•18 14013 SAN ESTEBAN AVE 327•�$ 14017 SAN ESTEBAN AVE 327.18 13912 SAN LAZARO AVE 327.1 S VACANT LOT N OF 118 NORTHRUP 471.43 10,401.79 LEG P:DEMO\DEM04 10/11/94 � _-, y. � 0 TO: FROM: DAT'E: � B A K E R S F I E L D PUBLIC WORKS DEPARTMENT MEMORANDUM Alan Tandy, City Manager Raul Rojas, Public Works November 9, 1994 SUBJECT: COUNCIL REFERRALS Attached are responses to the following Council referrals: City Council Referral Record# 1403�relating to the equipment in Council Chambers. (DeMond) City Council Referral Record # 14033 relating to the crosswalk and street lighting at Occidental and University. (Smith) City Council Referral Record # 14094 relating to street lights on Kincaid Street. REF14032; REF14033 REF14094 Attachments ��__��!��.,�!'-�� — ; � _.� _---_ �, I� � � � i�u 4 � � -- .-; e . � i � . �. � ,. To: MEMORANDUM Raul Rojas, Public Works Director November 8, 1994 From: L rry C. Jamison, General Services Superintendent Subject: ` COUNCIL REFERRAL # 1403,�L - EQUIPMENT IN COUNCIL CHAMBERS Al1 systems were checked and found to be working properly, we will continue to monitor. The additional equipment requested has been ordered and should be installed by the meeting of December 14. __ _ r� e , n� .t_. .. ... . -. . . . . , . . . , .. _ . . � . / . .. * ,. ,.al �. .. , , . ., , . . � ' . � � . . . . - � . � - CITY COUNCI L REFERRAL ' � � � �,� -- � � MEETING OF : 10/ 12/94 �CT 1 4�4 REFERRED T0: PUBLIC WORKS R.- ROJAS PUBLIC WORKS DEPARTMEroT I ITEM: P.ECORD# 14034 Equipment in Council C�ambers. (DeMond) ACTION TAKEN BY COUNCIL: DEMOND REQUESTED CERTAIN EOUIPMENT IN THE COUNCIL . CHAMBERS BE CHECKED. CITY MANAGER TANDY REQUESTED CERTAIN EQUIPMENT BE INSTALLED IN THE COUNCIL CHAMBERS. ****SEt CITY CLERK FOR I SPECIFIC INFORMATION**** . BACKUP MATERIAL ATTACHED: NO I DATE FORWARDED BY CITY CLERK: 10/14/94 � I ' r �,,,,,,,,,,,,,,,,,,,, �,� r �;�r.��.= ;��: ' ��:; \ �� _;i1! I�NIUu�,�, * ` ��' 1 � = iy`.. ti� � . �� _ `� `p` =; ��:,_��i��add To: From: Subject: MEMORANDUM November 8, 1994 �aul Rojas, Public Works Director Larry C. Jamison, General Services Superintendent COUNCIL REFERRAL # 14033 - CROSSWALK AND STREET LIGHTING AT OCCIDENTAL AND UNIVERSITY The pedestrian crossing was installed on 10/19/94 and with regards to the street light, we found that an existing light was at this location so we changed the light from a 70W HPS to a 100W HPS on 10/20/94. 0 � � ' . � , :_ • CITY COUNCIL RE�ERRAL MEETtNG OF: 10/12/94 � REFERRED TO: PUBLIC WORKS R ROJAS . ' ITEM: RECORD# 14033 Crosswalk at Occidental and University. (Smith? - , ACTION TAKEN BY COUNCIL. SMITH REFERRED TO PUBLIC WORKS THE ISSUE OF . � STREET RESURFACING THAT WAS DONE NE R THE � OCCIDENTAL/UNIVERSITY A �c-�1• ELIMI AT g �I(; -�E Q� ROSSING FROM THE COLLEG . £�� -------- -- -- - NEE S A CROSSWALK, T ERE_ IS__NO__STREET_ L_IGHT AND.� �-=_ -=-- ' IT _IS DARK. ****TtHIS�I,SSUE�_ISvURGENT��AND�-N.E.E.DS' � �-__.._ � � � t _�B.E TAKENy�CAR_E�-OF=I:MMED.IATE.LY**,** I BACKUP MATERIAL ATTACHED : NO �� '�� I ' DATE FORWARDED BY CITY �LERK: 10/14/94 �� I T4�FFiC ��?ri!t'EE�?ING �� '� 1� . ��, OCT 141994 PUBUC WORKS DEPARTMEIVT � C, ^ � `d . � ' , . � . � � .� . . � _. T+ �' . MEMORANDUM Traffic Engineering � DATE: October 18, 1994 TO: RAUL M. ROJAS, PUBLIC WORKS DIRECTOR FROM: STEPHEN L. WALKER, TRAFFIC ENGINEER � SUBJECT: COUNCIL REFERRAL # 14033, REQUEST FOR CROSSWALK AT OCCIDENTAL AND UNIVERSTTY INTERSECTION. Received 10/18/94 Council Referral: "Smith referred to Public Works the issue of street resurfacing that was done near the Occidental/University area which eliminated the crosswalk; Pedesfian crossing from the college needs a crosswall� there is no street light and it is darl� ****This issue is urgent and needs to faken care of immediately****" The issue of the crosswalk has already been resolved. A resident of the area had already contacted the Traffic Engineering division, prior to our receipt of the Council referral, to request a crosswalk. The resident's request was investigated and a work order was processed. The crosswalk and related markings and signs will be installed by the General Services division. In compliance with the Council's request, General Services will be asked to schedule it as soon as possible. �The-request-for_street-lighting-will�be_forwarded-to �the-General-Seivices_ division=foi their-� -- _ -- -. response since,�iequests=for_non=safety_street-lighting_does=not inyoulv_e_;,_Traf�c_Engineering? No additional action/response to the crosswalk request referral is required. Background Information: , University Avenue was repaved a few years ago. At that time, the crosswalk that had been at the Occidental intersection was not repainted since the Public Works Department practice was to not repaint crosswalks at uncontrolled intersections unless there was a need for the crosswalk. Most all of the pedestrian usage occurred at the signalized intersection of University and Mt. Vernon and there was not a need to repaint the crosswalk until now. 0 cc: Fred Kloepper, Assistant Public Works Director Tr�c Engineering F'ile --City Council Refenal #14033, Occidental/University x-walk .1.: FW.ur.pAt9➢�bu1�003.rd� . i . " .. J - `J .• `r � CIFIC GAS AND ELECTRIC CO. SAN JOAQUIN DIVIS�ON � d'` � 1 � � � STREET LIGHT A�AP 8 PROGRESS REPORT I P�N�AMA , ' � @95 I . . � � 40�Sp �� o�� y< � O �'� Z �D6�6 � 931 � * � � � � i � . 4 �!�+ 03Q5] 43�Sp � � 9�350 � �70N . a ��N 240a .. 94_ . �4� 1881 � � izrre��,pC��fFE � T � i 6�2e00 , j`� 411 I 2409 � 8 � SN^TT��K 2416 2417 . 1. T£L EGRAM �n ' 41 _ �q I 221 414 "'Z- � � . 2420 1422 � J - ACAC/A ' ,b 421 . . O��SY r @q_3 � . I a 1g2@ gSS ie9 N N i � , .�54 - � _5?� OXFORD � � 1879_ � . 1897 � �,y\ i pJ / Q' d.�'� t959 Q9ERL/N �'. /.pTRE % ' 1896 �q57 � B57 - 4?� � � � I p4Q84 ieas �a9a � � � � �396 � . . .4: � . �lIVERSITYI '� @�4 �850 T �g -�3 - I i 57ANFORO 1889 B60 796 I � ' jQQ� p801 B02 I � I YAGE �� IB82 � ]�Q7 � � � p1956 19 . �� 1 N 1955 I 1 - � 19� W � � M�BLE � i062 2 ' � . . - - � � 8?L �E@3 I � � �_@�3in e04 �@2 I I I I L' I � I� p2i—°2 li . T I f� , r I_362 �: 2i� I I � K�9� . O��? 03 �? O [ ro� � � p23.4I p2399 � I .. 13506 � �I IBBQ W ~ ' I . I � � j �SO � � t - � 2 O p 9 e� . � @ g �i 4ia i a� 7 � 9 1 y � 395 N I � Q � iU� 1 / � 1 W p 1 �' . I �, 1 6 W I = �22 �,j� O ' 400 0;?106 yZ� d2130 �� a] W . J ¢ � � � - 2 .� � 1 � I � I- 6 I O� 1 g 1 � Cvcti.w6us m iJ B2 I �. a I m � I . � �� _ . :I . g € °�-'% . . �. � i .o �35M N � , � j .. - �n.c . O �_ � ��r,.�a ,� � � 't � �� j��- i�(',----"-`�a3--"�2—vQ !0--s�---�-s4��--1SL? �°�3 =g. . ; . � . . --r 292B215L . � / , .I�492 . . . �I L893 9aB I ��NDERBILf ' 953 07Q IB91 I 1 I WE57 PoIN7 2d0ip Ip7 �$I I _�- . . .: . .y22t1 I 19�5 �� IBBB � i .'iq_. DRAWN OA7F LASf CpR0. CM 2928�65 �/CP�S � � E �..� � �' �C E � I t I � l4� q2i87 p2i82 1 1 =103 I I I i I D19�@, YJ�2 K DZwQ � I �e�a I I . d��ppuu.iiii \��II�.1,1.I.J_,�yi _ . ; �� ' _,��: �NNu�u�„ •; \� " = s �j..,. ky ��\ _ �� pd� "v-,� ��:.��iod1 MEMORANDUM November 9, 1994 Raul Rojas, Public Works Director Larry C. Jamison, General Services Superintendent Subject: - HT RESPONSE TO COUNCIL REFERRAL # 14094 STREET LIG S ON KINCAID STREET In a recent evaluation of the proposed Union 10 annexation, we completed a survey of all the street lights within the boundaries and found that approximately 40 additional lights would be needed. The request made by Ms. Hill for additional lighting on Kincaid Street is already planned to be addressed along with the other new lights. (See attached plan). Funding for this project is being finalized and the project will start by the end of the year. We have made contact with Ms. Hill regarding the proposed new street lights. �1�.�..o "t "�. �..' ° � '�:•� �a`�T ;'�: ' 3�%:�Y d,� � :a �.,� ;,3E�"sr`z'^''�.x,.—n--r . :� v� ':y�,r i. ,{ . s. . �5 �4 ,�. y�r �y �: -'��r. - '"'�p'�"'°°."q ;i*«- .YS-�w �+'� ::s '� �.,.�s� -� .�a.x ,z��iF?:n�,�,. . ,�.i.'�.�;s� .:;i.' �"+f.,r.�n, u?3'" � 4-,. �'",6.��sir �t�.,.. x `., s�f`` ° � r��, �i.,�w ,a ;39,.z.�'��"w.9'...a 'k�`r''�t s�°^k��`"r, a �s;x-1...:'� - x �h �� , k a�.*?' �^ �:�� • w'�� .a :�;:iy�, s,�.�.�. Y �'�- � y,. � x ,� i r �, . . i u c.�.�;,r.? a 4 � � 4 y,?�.:'i� �'�� a � �2 � I . y .-.�,'� t'_.��'�,s' u?�� "�'�',.'��=�{h a, t%y, :t �,�.�,'t K ° a i�-p � _ ,'?� � !�.i`,} T �. ;i '� 1�.5 �' i :; �. �:�:t 2 � .±d�'`i. � ss Y �-� �th"5.� F-� S t�+ r. � _2 3 £"., � � i �,�Y� S�r `Y a� a��dN �E: $ r- aM. �1 r+. . •.. v y a , . F� y a ��.; t�' x �.��'� �` e .'�. ['� ,��Y�' rt'k��,`c'�+ k �' �f�i��5-x��' n,� �-� ` ' �F `@ � ��.i^ sr r .S �� S� � � . !'�':n+ .l xC� ��, „'��' � .'�YG t' .. � h . ''"� 3 � c t 'a.:9 ^n � h t� f . ..FS R u :� �a` r 4, 4 .. . � � .Y,y�y. ��_-� x�'I V R,� y`t �.,.�;3�,p. �'�+Ay, '�PV i, +.: i y . �,t, � � . � � .�' kp F. •' t r• x r � 1 � � - � _ -s'� � r�t�`^i,..�N ��` * �_1 �.f �V � f �'t S ' i. �y .t a.��c �" �y'i � � c . �I K , ,,. = . � ' ' � �: , /� 7l�� '�` 3 . '� ..,, ,� ,� �s j �"�' �a 3� �*.. �- c �t �m ' r.-n 1 C Y� V L� . Y• ��. 1`/ � ,f � �h.a�, � �� 1, , } � f � # rt �T OUNCIL_ REF,ERRA � a � � �, $�ti s. �� ;� , �� ,,, � -�°. * . � . t= . - ; ' , i lj-� 4 .. -0t .. ' " ._. ' a'y^ . .. ' . . . - NOV 4-1994� ; � ,MEETING OF �;11 02 94 ` ' . , . , . /, / . - -- , . . _ - : �g ; ' � r . , • � FUBLIC WORKS DEPARTMENT : { ;, , . . . � ' .fi 11,� . • . . . .. . , ' . � r REFERRED TO -- PUBLIE`�WORKS; „ R: �RQJAS . - � `. � � .. t .�_. . 1 . . ITEM: RECORD# 14094 - Camille Hill spoke regarding a street light on a � -<�' . portion,of Kincaid Street. � . � ACTIO.N.TAKEN BY COUNCIL: - MS. HILL REQUESTED STAFF LOOK INTO THE POSSIBILITY OF PL:ACEMENT OF A ST�f2EET LIGHT ON A ,�_ �PORTION OF KINCAID STREET. �' BACKUP MATERIAL ATTACHED: �S DATE FORWARDED BY CITY CLERK: 11/04/94 NOTE: STATUS CHANGES ARE TO BE ENTERED FOR EACH REFERRAL � AT LEAST ONCE A MONTH EVEN IF NO ACTION HAS BEEN TAKEN! CJTY CALIFORNIA AVENUE C-2 C-2 C-2 C-2 C-2 C-2 C-1 C-2 ►�-1 H-1 : �l DO �d C��J R-� �-z M-� �-� ro r� ro M r� �� - � M-1 H-1 'i � TH ST. � � W R-2 R-2 R-2 5Q �/, 2'• � � � R-1 N � � ' OC OC � � � __ __ __ _ _ _ :�� . , :E�4�zTa =,:� c� e� e� � ro c� ro c� . R-3 c� � 1 � i i t i R-1 �_ = c~if R-2 R-2 R-2 R-2 .' R-2 R-P ":_; ��'�' � oc � oc oc � oc oc y !`�, i r�`�� w Y � IN N C..) R-2 R-2 R-P R-2 R-� �:,:., � ;a , �� ._.. � � i j � � � ;,` ,: � � �;:�' �! :� _ ,�, ...,, y ...,,, +�,,..,. . I � v - - , c+� �� .. i r, �i ( � R 2 R 2 R-2 R 2 R-2 �� . L�1E..SS/l� �i1'D � i i � ► i a i. R-1 � �� a oc � oc nc � � a R-t I 3 ,' � � 9TN S N ' � N N N N N �. fU N R� ?q � '� � , N I 1 I 1 1 - I 1 i' ,� � R3 3 R3 Rt Rl Rl Rl 1 R3 R-1 u oc q_2 oc � � � , F' �"� `x y ] a 0� Cl C1 C�t Cl Cl CL C1 CI R-3 R-� R-1 ' ,, �, , 3 �,, a� , ' .♦ i �� iff St�: I y � �Y ' �,R I . _. __ _...._c-t c-i c� Q R-2 zZ . � � ; ; � '` ,',.��',�� i `i , R-3 ` f � _ 7TH � �2 R-2 � r � � t 4:: . � � �1 j ,��i a-a f r `l �. ij i Rl - R-3 _ � R 3 I C 2 � //8 R-2 � UN/AN CE�ifE7ERY Z ,��' ,IlNAO'N c� c� R-3 � � ( �� R-z - c��, 6TH �,,� EAST 61 H STF�EET R-i Y :,� ,' ` �. R-3 ►- R-2 I i • � ... R-2 � � N N • N N . N R-2 � . i Z : �� R-3 i i i i O ��' j R-3 �H �� _�_ _ ._. _ =-- _ -- - - - - - _. - -- ' ! l.v (/� �.� - -_.�____.�_- , __ . _ _ - _ _ _ _ - ---� � U - - - _ , � , ' � � ac oc R_2 . _� � : . �. _ ,. - �-- . ... .<� . LOWEll STREET z.� ti R-2 :`� v ;� i:' "� i 3� . N � _ - P�tRK R-3 � Q u i cv � �, -2 : `• � t � ; . . � ,,.. 7s ,.. � - . . s� ;: ,; � f R3 R-1 � R-, `N' N N-1 N �� (� Q� a; a N n� R3 ` (/') E J� I� R S b N . A k K A N I: E I' R-4 i I � N- 2 � i 3 o c o c t i c o c .KMNA4 EZ£AfEM�1RY v � 6�� GiS 'b � ,:. , : N l C,� i Sq�POL C- 2 � _ M- 2 '� I R- 1 S�: ;. R 3 SL'1�100L • , R-1 R-3 i �� go7 C1 Cl :S;` �., as : �,, r�ya I ; �!. � , R3 � C2 C-2 R-1 R-1 • R-1 R-I R-1 R-1 �� R Z� � c[ ��' R-1 [L �ti � L ( �° �. Ri �- �, �, I ,?: ,I ,, . Q- �,ti H-1 ;:•r. �.. Rl R-1 R-3 2Np R-� � � S7R E ET ( FRE�on/T . ::: � j �►. ►i� cu I S�` � R ��' ' � � � � Rt i�rsr.� z � , , ��, � . F�. - .... i . SL^1A�pL ,,.,, O �-� R-� `/�9 � : � 6 �: � M � "' `� -. I / i; i,� � ,,, � � a � �' �+ i tv ! � R-1 t& i. R3 � cr � C-2 Z C-2 I� ;, m � R� � I., �� 1 � I 3,�, R-� _� R z� ��, N R3 L_R`3 � R-1 R-1 R-1 � -� _ � r^ � ac �� _ - � ?� � -�. - : C-2- _. .. �.-2 C-2. . _:-. _,�C. �_,..: : _ •- C-2,__ t,:, �t�, (; , _ _ R ,�� 1 t, ; � � ,C 1 -� . -�, _-__ _ - - - - ' ��.,.;... . :� �:�•;,,:;� y{t- -- -- _� 14-1 __ . -��- R _ �,__-�-.- G .l .,,. •: �l CI . =C1 Ci' BRUNDAGE ,;�L14►JE ` � rt;;, C-2 C-2 C-2 C-2 L33 '�': 7 t;, 6.2 �� . , ' �: 8 � R-1 R-1 � C-1 � - �- 6.2 , � 6� _-Y! -; � ' 6.2 62 � � ' ,,s s' ,,, i 6.2 � 6.2 ' .i,. ��+ o,-�Y Q • Y R �: � ` Pbl� � i.t ,: � , �: k, . STATE�S � {�IGHWAY � i uE . � R-� a-t � R.2 I �; �Ho , cn . I ;� i I �L OUSE R. �]pt�` ` A �'2 7,] I I 1 �� . O �i6 ' Q t �: :l,�. � i� r� , : . :r . ,; �: - � . 72 ; 3.3�...,� , . � .►'"f�IJC lJ1� i . � i�' a _ t. � i i� .o .. . . .,. , :�, � �r �� e( � ;1 � I y b.z , �.3 ; � s,3 � I -► „ , R � ��, ;t.�N� ' ; , _ } . h�o/c ; :R-c� IPbI�: I I "6,�, t , �� f ' � • �+'. ! { t -�tq�s � � �'h`�� 5��{�1�4 3��R� ,•�1 �'� I f.��.l. j 1. >' i�l�7 j� �Ir� ��; i'^� 1 5.3� r. � i�i ii.y�.Pt� �1 �� s4�'3�if,�� i�.�f;t �sll.'t �'i.�.s��t ��A�1 t�� l. i. I �� . ��lft a � �� . � ° - yp�v$q�� ", j', i - . � c :;� � E r - . �� . � I -; : 1 � �. . � - � � 1 1 �� ' . `O 1 _ 1 1. + ^ �.t '�f! �yy '. �k� I .�1� i { � 4 � :i}1 j��j � � .. � . i�,�i � ,� ��i 1��!" LOi%; ' � � t{ li � � � rz.±•'', �I � � R"f: , � �, �-� ,�, + �. .1 .:�� R'' � .L �i'.d � �` r� � .1'�� , .` � � ,� 3. �''�! .l�i�� {i' .�.e;(;+1: . �, OL.� t ; . �5'.;� t�� 1 r >�� f �'� r j�. E � , l � • �� j'�� .�}.#` j�f,,�.,, .:; � , !a i a ; , , � 10 � , , i, �as iz #,3s�q� ( � �' i � { ,,,.� ,t, �, :r' ��= G, I ,I ! jl t: ! 1 „� � f� 1 � � r i t { r I I'f d 7 'lr D i w 6:2 �, i � { 1 s�', '.� t°S ��ti,� ��j,. ,i �� R-t ''`��2 l 1 62 :� , z yI '{I ; ' ' �3�� ti� -:f �' ' i 1 ir ,�� T1! ! i i . ,ii. . • . i ,� �, i t�l� i ` " � '• I ��.�. .� . . /'� ' c�y ��tq.ni :j l I C i � i` � ! f� 17. � I' i +ijl'��f.l� .. �' , t �! ..1 ;�� 71 t-... � i � '1 �„�i I r:# I�1 E �', , � ;�� ? �`ftif�:'r M' .� ' � I � i� f � fl� r a-j�. � �� .. j 9 i �',N! I V R..� '�l .� 1 ..� 3.3 �i�, I 4 i .. �� i:,� � � i' ..z i � )n .�'� � � t 9��: �� ;�'a ,�`�� _t .1.�� rt �� i� .,�� ° /' �f ,. , . ��/�.�� n�.�� `i'I� ' - `1: �� - ��.�i' S� � ;��.�� . ,iY'� $;i; � :f1., 1;�( �j ��'l 1��1 �.i��i �i � �;f �( S;��'� �( �� i, ,,, � , I^� f�:� '.V.Vi.Y ` � i;. t t, ��.j � �:� : �. � : �. ' � t ? 1 � � � .j ' � :��1 �i ' � � � � � (i : F ._! „� � ., � ii l.4 i � ��, �.i._.� _��.�,; � 1 S •1.� ='..{; _ � ' i ��; �.,�'�'� �� i ' � �F.1� � �'' ! � 7 4 � � �� '{ r . i :� � ! . I t . � � � � � i i � � - , { �� jt ?- ��y� ' � s � :� ,; `r{i1.j:i�, :p ��_ � `�.(i�:�j � 1( � ��,�g �; ' � ;�'tl t�� +(�� °�-. � � i ' 6 2 i �- ' ' ' ' � -s+ � � � 7.� ' `� .:�� ,� i��,��.�t. �`I�l._ ��1.. ,t�; .�,+ ,I��j � .:�.�►1-J . i .-. ;�I�"�� . .. �, �;:,ti'. rt�.}�., I � R i. �. , ' , k s ; v �f , ' 1 , -, .� � : r ,. . . .:, ' � r�� : - �� C j I ;��. ;' „ �.-�-� `•:{- �,. =;,3 : , j- ,. 6 . � : R.{�t ; R � � k5 � �� , , { , ,, :, t _ � ��t � .�Ct � i�� :I.JL��•6� �� 1V��-�� ,�i.2� ' � � 5.2 ��ti��'''�• � 3.3 � �� f� f°��iir.;' �!d .�. , ' � � ` i. !, } �C2 i C2 i li i i r i�� F , . . �. ;i j �.:� 4 S't`,' f' � .t •� ! y F1 i�� i � ��i �, ' � ,R� � �. � � i �' .2 � i r '�� . � � ; � 'v � , _ r,�3�, i � �{ �itE� •`' � � i "� ! �4 ' � il� ' i 1 �;' , . ' j: g:� ii !� �(�}�t�'+y, '', � � 7 � - . � , :, ' ' � a 1 . \ �' 4 F� . � t �i+. . I ,. ,,� 3 � � � ,� �_il �;. '� f; � ; \ 'r ' ��t ,'i KER'N CPUNiI`. � KERN; CDUNTY < <; I ' ; � � , ,, � , , i : � � `., � � ,, '.3 Fi1l�RGYtO(NVDS � � ? ; !� � � . ; { : i� 6.2 ! ' �I 5,4 ' S �{ ' S.{ � i � :� t , , - Fi1IRGROUNDS R-1 � ` `+, ' ,. I � � . � 1 c • i �� i E r � !'i I ' ' ; I � \, � � �' �j ' � � ; �,� , • � � ," ��., ; F. R-1 �� :y��I�� `�E� � � ��,�� i� �� 5.4 54�,`i, ��,:� ' �� __ . ..: 1' I �; � ,;; 1 ,� ,;, � ,i � , �ti� �`,. ;f � , .. , �. y . $ �Y . 1 � . �i i � � : � 1.� t t ; � i t �. i �. . , i i ' ' ` � � � � } � � '��iJ I � � . . i � ; � � ; �� (. �. ��..t't $�i � � ; ' h � 1 �. � : � ' ' � . ,, I, j ! � t ��i' �� 4 j:+ � 7 � � i u� �t 4,"y �1 ' �,ti i' . . , ,i t ' . ! � , . i � . � � i � j, , ' ,r,,, ��. .:'��, . . .t fi .. • ' ' .� . � ' _ � ,j�1 �e i. 'i i �, .. . .., � - r �+ i !# � � ._.__ :.._._ { f ;. , - . .. ; � �..-•----�-�-�") , . , i i : ;.,. - .� - � ; � . . , �t 1.,. ; I ;,� ;_�. :� , .;� ',`' �,� �. �. , r �I. � � ' ' ►. � $ -y- �. 1 'ft 1 .:N t i�. 1 i ({ .:t � .�, � L` ,� �. �� .�sfi � � , �_ ;err� :w«;�+ `F�str ; ::�:�.a � � °� ,� i ��_ ,:r� - ;, i .;:� ,k. �e �: . � �� ,t:.,, : y , atm ;� a:.Rr ,5 �.i.a�,,,;,�r�$ �`.i , , �� ,y •� ' �Fa �� ?� ;� { '� 4 i � � 1 d � I'` ` .11 � 1 � �S ` � � " � .t: �� x�1,� �E� ..`�, ;� �t';i6'i� . �I ^;. ��;. G-. � 'f. � �� 1 ,ii ! ;i�k ( j '� r1 :i. r E �'� i �. a '� � : .f. [� . � �+ � �� /�} � { .F�, sF � � , 1r �rlfi� r� ��l. (� 'L .S� A�2�11 :%O �?S . uM InA ruec. � GC7�O'O CJ�. N� ' �,.'. � 4 i L., �.i Ii +,'�4�� ':3�. �v -;{:,. �.� ,c��( �f�;4� �,.� c . ��. ..� �Ca.:��t�' � �l'� i . �; :< ;;. ,.1 :R+ '} � �1Y �• �` �,( ... (' ' 7�"-t 1 ..I�.•� � t� .� 4 : � l.l; '7�'f��it+l' . ' '. i� � ° .r �t. � �S� t 1! i : r. .3 ��€� ..c ... . . o .`� �I'� . � �ii� �' y�. ( 1 : f .� ..{' I 3 .� , .r�q, �.�',: 3 1.,� : .•. �. . l: I' � �1'� : :i � i �t � ! i{' �; , .t. Y � _ ,>. � , �,r a � : f,, � : � ; i ,, � ,,t. � � t . ' i , i� . � +: r . :: i �.. { ' i,� � v . :.;� . �s �'. � r � ��;�.� . � �� ; �.: � ,:xt� ,..s . t . ..a . � ,ia ..,r f ��..ii.p.� 1.75 r' . I � ��, .�� . . � �. . i � �i ' ��.� �., t i . , � i� I �l� i3.� f �:j ?� � �� , � l 5ti ¢ .�� s:;l�.l d � � f I � � � ..t r, k' �.. .a: r :1' a'r" 1 � `�f � ! � .� .rtff�� c� ri' t .'r � �.f` d'r r 4" r ��I ti 1 ri:1:. .�. „1, e t. 'f + x.�., ti �i �l� t , t r� 1 � � i i. � i r a 1. ( t� [I, !�.. -r. . � �.,) y.. !�- � i'Y� . - � �� 1 f �� 1 � ` 7 �j '�{. {, j , 3 #. '� � . � s: � � I ! � . ( , � '+, � � z +;n ,j +d r�E ` ' '' J; . I:� � �, ! �� , � .� � : I,� � �� (+;� �j ��t�4 ."k� f`' '' yy1 rs�s.:i r�'�t ,� j �;t1' ��•�. (�'i I t:� ' � �I � i i i i:' i �' � ��. x{ 1;9� jti �' T� ��if`��. .,iy_ ; � � -t' r i�. . . .3 I t.� �S . : � i. � i .� r .} .1 . , it i �� 1 � t t R �A � �• , . � � � � � . . � �.'t t • '?: ., . . . , . �' ..I. i . � , . o . i ,.,. _ .�:.,..�n....��::i� ��`� •:w ':�i�!::.: .,�._ . ..� i.;.,�.. , ;�n:i;. .II: •�� : .i..t �, , � " � � r:k'�, in � L.:.y;f •i' .::'� ¢ 5i• . � .. ;...� . . �' . .r : j 'k �� t �n....t::r ° �:�� ..y, �: r, .� f. . �, iii;i 1' e � q, � .� ' ' - ' � - • � ..,�..d�. �, i 1' i;}) I 1, t � '� .�.. f �, 3!' �' � �� r t.i i:� L.� �1 z it, i. �' �: ' � � � 'i : t , . � . �� a�.: � ��}.,� .tt �; . .�u i f i � ��, i � � . : �r�.' . . 4. � < < }.9•I.: . . �j:.ii .}�s, �I;�1 7 ''f �a �[�t, � � �►: } � -:,., , . , � � � i , f , , ,., ,,i , ;� � � � � ��.{ �•t• a � .5 .�' . . � iri tt . .. � � I".S � �� { '� :i t �. t �� ;� � I i �' . ��,� t { � �,� �ry.ri�R�� a�.yY � 3i i-.SL.W 2; � � ; ;�; I; �. � � lI ' .; � i�,. 'i 1 � ' 1 'lct� 4��1: • . � ��q�f � -wii �'> ,.� i��` itr:l �:�1�,�♦ . . !? � , 1 � � . � . {. I:t. I �4 � ;�. 1��- ��} �i � s � ''�. : r � S� .� � ,� �. . '•' �; . j , fi ,., . i:� � � �.� ;�"'�.� i` r � ,., � . � , : . � ' �: i � t . ,•, , Y � � '� �; �,�; >�_�;_,' -''�',i��t ., ., ;�' r j� ; . � ,. �', �.� ��c��j`��. .�.° ��r �1'i . �t�� 1,• ° � F F � � � �i � � � � � � p i �ti�� ; � � � x.�i��i�k;,�i�^iirk .f...-t_„�� .....{. ,,.:.. .,., .. . �.'1, � ' � - I� {--I �x� . I . �'. � - i, �-r ,�trt�u I � C'��{�7��tl I�H�i�� e�� . . ,: i . � . ,. , . . ., t. �� } } ` . _. • , , f � � : .• � . . . . . . . ' . , � . ._ , .. . : � . . , . . _ .,. , . , . : , . �. �,. . ( t I 1 a S � f .� Y ,; • B A K E R S F I E L D PUBLIC WORKS DEPARTMENT MEMORANDUM TO: Alan Tandy, City Manager FROM: Raul Rojas, Pablic Works Director DATE: November 14, 1994 SUBJECT: COUNCIL REFERRAL Attached is response to Council Referral Record# 14103 relating to clean up in area of BHS and Eye Street. (DeMond, Smith) REF14103 Attachment _ -_-� ,; �� t, -. ` � � _ .. - ; :; I; ' � � � � � ' i. � -- j�:�,�.Q� ,, � - ,. � i CITY OF BAKERSFIELD DEPARTMENT OF PUBLIC WORKS COMPLAINT MEMORANDUM/SERVICE REPORT TO: RAUL ROJAS PUBLIC WORKS DIRECTOR DATE 11-8-94 FROM: MARK LEAL STREET SUPERINTENDENT TIME SOURCE OF CALL: Raul Roias for Councilmember DeMond _ NAME PHONE NO. ADDRESS NATURE OF CALL: There is debris in a citv owned lot at the southwest cor- ner of 13th and Eve Streets Also, the sidewalks and streets in__this area are dirtv with �aper and debris � -- PLEASE COMPLETE THE FOLLOWING AND RETURN TO DIRECTOR OF PUBLIC WORKS INVESTIGATED BY: Mark Leal DATE 11-5-94 TIME CONDITION FOUND: As described above. ACTION TAKEN/REMARKS: All of the affected areas will be cleaned on i1-9-94 In addition, there will be regular inspections and clean ups scheduled as necessarv There is also a privatelv owned lot at 13th and 'H' (adjacent to the citv lot) thai is verv dirtv with a larqe amount of pape'r, debris and weeds. I have contacted Mr. Tonv DeMarco of the Bakersfield Fire Department for assistance with this prooertv since it could be a fire hazard. Mr. DeMarco said he would inspect the propertv and,�if necessarv, cite the owner. WORK COMPLETED: DA SI White - Division Yellow - Director of Public Worlcs Green - Pending D4:M-COMP37 �� ° � rvir 'v ��:.�5 �r'i ��s� i , ,fs�- 1 � �v ,�y, '*.�i �s y+ h� m� 5 �� , . ;L. �; s _:`e' 'b",n,E��'� f,�p..-*"�`�..'t?". <w-��i'�'�.^.-"j,�:t„�xy ...��„ �"r�'s3" r�" t *��j��,a'+{� ,�'s�'`d$ �-�h-r�;�f �„�t� . .. `q�v 3 �'vs .L= m � ��t.h� �' r .� 'Y � t.fi. 'r :� C� �':`x}' � � "'�� \;k. w.`�r :•� g. r2x� `i`�. � � � . '� F udr%%L. £f �'a-^kt :.,'�r� a �'.�:�i "4`�' � �f�'"'�.` 'p5 �'�3�r:- 1`� n, �. �. v �. 4 � � ,� .� �° �. � ,,+�` u sK s ;,. F� ,y`; . � D?, i y� 'Y�',`�„ if' �"1 'f�*;a"7� a �a`� r�x� ��, ,j c "`7f t'' .ti (,..,. . �':tk �'i r �k � r sS f b�j`,. a k 7 � r � t,. .. � r �� ,�� . },i y � yy`, �ix � �� g�'w,�� y s.� .�4�.vx �3 t � � h �r:" ( srA s� � s �-r :; � i � t �rt }.� v�e -r.,:., a , � �;a.� -Yf.2.�, :, ,y � ? �t, 8��- y p _ �F�.' � � 2� s�tt' L ' `� .,-i -�.�«�Y �.. x'�r-�-� P : �, �.�, ° : .� .,. . . .,"'� � ` . � � `� t °��, . � i . ' k : v v . . . '� , y � .. � 5-'y--{.- ?., .. .., . , _ . a... . � `" � ��: �` ��'Y�� CITY �wCOUNCIL . REFERRAL �.' _ ' , . _ . ,. .:a . . ` F- . . .� �, w - , - _CC?PY : � � . MEETTNG:; OF:' 1'1 /02/9�4.r � � � REFERRED TO.: WATER/SANITATION�DEPT G BOGART ITEM: RECORD# 14103 Clean up in area of BHS and Eye Street. (Smith, DeMond) - _ - � ACTION TAKEN BY COUNCIL: � ' SMITH AND DEMOND REFERRED TO STAFF THE ISSUE OF, WORKING WITH BNS TO CLEAN UP THE AREA AROUND EYE STREET. BACKUP MATERIAL ATTACHED: NO DATE FORWARDED BY CITY CLERK: 11/04/94 � �� NOV 14 1994 P�B�� WOR!(S DEPARTMENT 1' f TO FROM: SUBJECT: � B A K E R S F I E L D MEMORANDUiIII ALAN TANDY, CITY MANAGER TRUDY SLATER, ADMINISTRATIVE ANALYST II LEGISLATIVE IMPLEMENTATION BRIEFING �dovember 14, 1994 ��!�` The following encapsuiates some of the highlights of the Legislative �mplementation Briefing that I attended last week. At �his point in t�me, it does not look like the budget "trigger" (S81230; Chapter 135) will be pulled. The t•rigger bill is the mechanism by which State General Fund appropriations,wili be reduced in 1994-95 and/or 199�-96, if the State's cash condition deteriorates and no action is taken to remedy this. It was established as part of the 1994 budget agreement. A"Trigger Watch" articie +s attached. As the State's deficit grows, it is possible cities will be pulled in. League representatives indicated that areas in which cities need to be alert include R�development, raidi�g in the criminal ju�tice areas, and booking fees extended t� juveniles. Isenberg is expected to revisit a trial court funding package, and Valerie Brown's sales tax bill is expected to be readdressed in land use questions. Other areas to be rev�sited could include: ambulances, booking fees, and gaming. On a positive note, in the law enforcemeni area, League staff inentioned that a locality can now get CLETS information from the Department of Justice rather than going to the county and that some cities who have done so have incurred thousands of doilars in savings. Contact person would be Joe C. Martino at (916) 227-3677. Regarding mandates, counties will be the center of the State's discussions, but cities wili be a focus, too. As discussions regarding "restructuring" continue, ci ti es must be aware that there wi 11 be a great temptat� on for the State to utilize restructuring as a method for grabbing local revenues. The Constitution Review Commission is just ge�ting �ff the ground, and it is hard to predict which way the wind.will biow. iJncertainty also exists as the first impacts of term lim�ts start to hit. The ieadership is beginning to lo�e hold. It is conjectured that the only winner in term limits will be the Governor's Off i ce as i t wi 11 have tl�e � nfo•rmati on to fi � 1 th� vacuum ivhi �h i s bei ng created. On the political side, as of ThUrsday's meeting, the Assembly was split 40�40, with one race still in iimbo (Betty Carnett/Steve Kikendahl). Dick Mountjoy (San Gabriel) has the unique position of being elected to both the Assembly and the Senate. In the Senate, there are 21 �emocrats, 17 Republicans, and 2 independents. ALAN TANDY Page 2 Legislative Implementation Briefing November 14, 1994 Highlighted bills included: AB 3754 (Chapter 897) which authorizes the establishment of a property and business improvement district for the purpose of levying benefit assessments on owners of property within the district to fund certain improvements and activities. SB 1286 (Chapter 860) makes changes in vote requirements and public notice for assessments. AB 860 (Chapter 1�5) is an urgency bill which corrects the "errors" in the legislation implementing the property tax shift in the 1993 budget agreement; it affects the way money is moved and who pays increment to redevelopment agencies. It hits counties and cities but special districts the most. A8 2788 (Chapter 886) is a maintenance of effort for public safety; its intent and what it says are not necessarily the same. *SB 1893 (Chapter 615) affects benefits to legislative bodies (i.e., Councils) and needs to be reviewed by staff and Council for its impacts upon the City. *AB 3664 (Chapter 1065) iimits receipt of various retirement, health and welfare, and pension trust benefits for members of legislative bodies of local public agencies (including city councils) who first service commences on and after January 1, 1995. SB 1860 (Chapter 1259) relates to interrogation of public safety officers and its intent was to make it harder for third parties to sue cities. *AB 3161 (Chapter 838), AB 3454 (Chapter 395) and SB 2058 (Chapter 741) all relate to employee records and should be reviewed by the City Attorney and possibly the City Council. *AB 2219 (Chapter 79) repeals the recall election procedures applicable specifically to city officers. AB 68 (Chapter 29) relates to violence in the work place authorizing an employer to obtain a temporary restraining order and an injunction against unlawful violence or credibie threats of vioience against an employee. AB 3032 {Chapter 1211) is an urgency bili which deals with delinquent Vehicle License Fee Collections, specifically making the lessor of the vehic�e pay rather than the lessee. SB 732 (Chapter 936) is an urgency bill which cleans up legislation to the Community Redevelopment Law Reform Act of 1993, both technical and non-te�hnical. ALAN TANDY Page 3 Legislative Implementation Briefing November 14, 1994 *SB 1515 (Chapter 381) allows a redevelopment agency within a project area to take any actions that the agency determines are necessary to remove graffiti from public or private property. AB 314 (Chapter 1294) and SB 749 (Chapter 1230) are urgency environmental CEQA bills making change to existing legislation. *SB 1453 (Chapter 438) requires the use of the Airport Land Use Planning handbook and other documents as technical resources relative to safety and noise problems in preparing an environmental impact report (EIR) for a project located within certain boundaries of an airport. *AB 51 (Chapter 1235) changes the housing element law by authorizing a city or county to transfer up to 15% of its share of the region's affordable housing needs under certain circumstances and requires the use of HCD forms and definitions. AB 3134 (Chapter 191) allows HCD to adopt guidelines for the preparation of a document that meets both the requirements for housing elements pursuant to existing state law and the requirements for a Comprehensive Housing Affordability Strategy as required by a specified federal law. AB 2003 (Chapter $83) changes existing home financing program eligibility criteria. *AB 1495 (Chapter 94) creates the California lnfrastructure Bank within the California Housing and Infrastructure Finance Agency (now CHIFA instead of CHFA). The California lnfrastructure Bank would seek out public and private funding sources to finance public infrastructure projects. Eligible projects for funding would include highways and streets, public transit facilities,s drainage and flood control, school sites, libraries, child care tacilities, parks and recreational facilities, port facilities, sewage and water treatment facilities, solid waste facilities, communications, and defense conversions. CHIFA is in the process of formulating guidel�nes and is seeking input. Contact person is James Burroughs, General Counsel �esource Agency, 1416 9th Street, Room 1311, Sacramento, CA 95814. AB 3198 (Chapter 580) recasts and revises the provisions of existing iaw authorize the creation of secon� units in s�ngle-family and mult�-family residential zones. *AB 1873 (Chapter 687) relates to commercial filming and authorizes a city or county to adopt an ordinance or other regu�at�on governing the issuance of permits to engage in the use of property for occasional commercial filming on location. SB 1368 (Chapter 1258) makes modest changes in licensing requirements for community care facilities and requires social workers in public agencies to take into account an individual's compatibility with other residents in lights of medical and behavioral problems and extends the requirement for a procedure that � ALAN TANDY Page 4 Legislative Implementation Briefing November 14, 1994 ensures an immediate response to incidents and complaints to all facilities licensed for six or fewer, and requires that the response be in writing. *SB 243 ( Chapter 977 ), AB 3353 ( Chapter 655 ), and SB 869 ( Chapter 1075 ) deal wi th various subdivision map/tract legislative issues. *SB 517 (Chapter 300) sets up procedures for land use dispute mediation for litigants and provides that, notwithstanding any other provision in the law, land use actions may be subject to mediation including land use approvals, CEQA decisions, general plan and zoning actions, LAFCO determinations and other specified actions. It also provides that mediations that involve less than a quorum of a legisiative or state body sha11 not be considered meeting subject to either the Ralph M. Brown Act or the Bagley-Keene Open Meeting Act. *AB 688 (Chapter 1227) is another AB 939 clean-up act which "puts meat on" good faith efforts. (Note: expect tipping fees as well as permitting and enforcement to be resurrected during the year. There is a drive to turn the Waste Board into a department, which would transfer authority to the state from local agencies.) *SB 923 (Chapter 435) establishes a pilot program for cleaning up California Superfund sites with not more than 30 sites to be designated; there is extensive local government involvement in selecting the site an determining the planned use of the site. *AB 2508 (Chapter 796), A8 2522 (Chapter 797), and AB 2467 (Chapter 794) deal with tort reform and municipal liability. AB 133 (Chapter 1199) prohibits a city or county from designating as a historic resource noncommercial property owned by a religious organization unless the property owner consents to the designation. (League representative indicated this was not a well crafted bill and would probably generate lawsuits.) SB 521 (Chapter 29, ur9ency), SB 629 (Chapter 1), and AB 2a18 (Chapter 27, urgency) revises the current smog check program significantly. AB 1963 (Chapter 1i46) revises congestion management programs in various technical areas. It requires CalTrans to collect and analyze state h�ghway cangestion data and to make it available t� responsible agencies. It adds new definitions and incorporates new program elements. AB 2897 (Chapter 630) bars tfie Alcohoiic Beverage Controi from issuing a license to sell alcoholic beverages in "areas of undue concentration" without ihe permission of the local agency. (Note: cities can draw "area" lines. AB 2742 (Chapter 629) requires the ABC to notify city pianning agencies.of the potential transfer of a license to that jurisdict�on and requires licensees upon notification of a public agency to take "reasonable steps" to correct objectionable conditions that occur on any public sidewalk abutting a licensed premise. G ALAN TANDY Legislative Implementation Briefing Page 5 November 14, 1994 AB 463 (Chapter 627) allows the ABC to place additional conditions on existing licensees for specific violations. *AB 987 (Chapter 628) appropriates $900,000 for local training grants for alcoholic beverage enforcement by local law enforcement and appropriates an additional $2.6 million for added state enforcement of ABC laws. AB 971 (Chapter 12) is the urgency "Three Strikes You're Out" legislation. AB 114 (Chapter 314) is an urgency bill which reinstates the asset forfeiture provisions which expired January 1, 1994, with modifications, requiring seized property to be soid rather than used by seizing agencies. *AB 2735 (Chapter 641) allows cities to charge booking fees (to compete in 'o� int efforts). SB 2034 (Chapter 832) relates to driver drug and alcohol testing implementation of federal requirements for a commercial license. {It was mentioned that this may be a controversial issue.) SB 302 (Chapter 910), SB 1779 (Chapter 909), and AB 2595 (Chapter 575) deal with graffiti issues and increased parental responsibility. *AB 2240 (Chapter 1249) establishes a State Graffiti Clearinghouse within the Office of Criminal Justice Planning to assess the costs of graffiti abatement and to arvard grants to effective local programs. AB 3797 ( Chapter 810) al l ows 1 ocal 1 aw enforcement to detai n any mi nor to enforce a local juvenile curfew ordinance and recovery of actual costs. I have attached a copy of the 1994 State Legislative Wrap-Up Bulletin which is categorized by topic. I believe it would be of interest to both department heads and the City Council. It inclu�es only those bills passed into law which the League of California Cities has followed and/or feels are ofi greater importance to cities. (M1114941) Attachments *Bills which may be of speciai interest. � D, , ways and 1�teans Ortober 3, 1994 Trigger Watch What is the Trigger? , - ��,� � The "trigger" is a mechanism by which General Fund appropriations wiil be reduced in 1994-95 and/or 1995-96, if the state's cash condition deteriorates and no action is taken to remedy this. It was established as part of the 1994 budget agreement. How :do�we know if the state has a cash shortfall? ,� On November 15, 1994, the Controller reports on the state's projected General Fund cash condition as of the end of the 1994-95 fiscal year, and identifies any cash shortfall: In making this forecast, the Legislative Analyst and the Controller will review the state's , fiscal condition to determine whether estimated revenues and expenditures, and the resulting cash flows, are likely to deviate from the budget adopted in July. As approved by the Legislature, General Fund revenues were projected to be $41.9 billion and General Fund spending was estimated at 540.9 billion. The budget also carries a year-end deiicit of �1 billion over into 1995-96. � A cash shortfall exists if "unused borrowable resources" as of June 30, 1995, are projected to fall more than �430 million (one percent of General Fund revenues) short of unused borrowable resources as shown in the Official Statement for the July 1994 Revenue Anticipation Warrant. Borrowable resources are funds available to be used by the GeneraG Fund tor cash flow purposes and consist of special funds and external borrowing, such as revenue anticipation notes. (See attached chart.) It is important to note that the state's cash condition differs from the budget. As noted, the state is expected to end the 1994-95 fiscal year with a$1 billion deficit on a budgetary basis. On a cash basis, the state is projected to have $8.3 billion in borrowable resources at the end of the fiscal year, of which $4.2 billion is projected to be borrowed by the General Fund for cash flow purposes. What happens if there is a cash shortfall? If, on November 15, a cash shortfall is identified, the governor must propose legislation by January 10, 1995, to increase General Fund revenues and/or reduce expenditures to offset the amount of the estimated sho�tfall. Legislation addressing the shortfall must be enacted by February 15, 1995, to prevent automatic spending reductions. e � ways ana Means ' =� Qctober 3, 1994 Wha�f if the Governor and the Legisiature taii to act? if le�islation that addresses the shortfail is not enacted, on February 20, 1995, the Oirector of Finance must reduce all Generai Fund appropriations, except those specificatly exe�pted. AI! Genera! �und appropriations will be�cut across the board by the amount needed to offs2t the cash shortfail. The Director of Finance cannot pick and choose �rhich prpgrams will �e reduced. lAGhere are we now? To date, actual Genera! Fund cash receipts are slightly higher and disbursements appear to be slightly lower than the estimates in the Official Statemeni. However, these,figures �ay have little bearing on the Controller's forecast of unused borrowable resources as of June 30, 1995, since that forecast will depend on estimates of revenues and spending . through the end of the fiscal year. September revenues are more important because they will provide a better sense of how the state's economic recovery is proceeding. Information on these receipts will be available by mid October. Based on congressional action, the state will receive significantly less than the $763 million in federal f�nding for immigration-related services anticipated in the budget, making a cash shortfall more likely. According to cu�rent estimates the state could receive as little as �26 million for 1994-95. Other factors that wiil affect the state's cash condition include: o� a recent court decision that temporarily invalidates the AFDC grant reductions imposed in the 1994-95 budget, pending resolution of the state's request for a waiver of federally-mandated minimum grant levels, which reduces anticipated.savings by $5.6 million per month beginning in September. o fluctuations in revenues and caseload from the levels anticipated in the budget (including the effect of the "3-strikes' legislation on inmate population), and o the cost of legislation signed by the governor. 2 . ` Ways and Means Qctober 3, 1994 Trigger Exemptions ' The trigger legisiation specifies that certain appropriations required by the California Constitution are exempt from the automatic reductions. These include: Proposition 98 school funding, the homeowners' exemption, state reimbursement for local mandated programs, and general obligation debt service. In addition, other appropriations cequired by the California Constitution (e.g., certain contributions for teachers' retirement) are exempt. Finally, the measu�e also exempts appropriations required by law oi the United States. It is unclear whether the exclusion of app�opriations required by law of the United States exempts appropriations for AFDC grants. This may depend in part on the outcome of the state's request for a waiver of federally-mandated minimum�rant levels. Illustration of the Effect of a Trigger Reduction For illustrative purposes, assume that: o the state receives only $63 million of the budgeted $763 million in federal funding for immigration-related services, o expenditures are expected to be $230 million higher than budgeted, and 0 1994-95 revenues are forecast to be $200 million higher. These changes would reduce estimated unused borrowable resources by $730 million compared to the estimate in the Official Statement. The cash shortfall would be $300 miilion • the amount of the decline in unused borrowable resources in excess of �430 million. � Assuming the governor and the Legislature took no action to offset it, this shortfall would �esult in a reduction in all General Fund appropriations, except those exempted, ot five percent of the funding remaining in the tiscal year as of the February 20 trigger date. This estimate assumes that AFDC and SSP grants would not be reduced pursuant to the exemption of programs required by law of the United States. By way of example, based on a$300 million hypothetical cash shortfall, the following reducti�ns would be made to these departments or programs: Universiry of California $29 million California State University $25 million Department of Corrections $48 million Medi-Cal services $96 million 3 , Wuys and Means Ortober 3, 1994 . ' 1995-96 Trigger The trigger legislation provides fcr a simifar process for determining whether there is a cash shortfall for 1995-96, including updated estimates as part of the May Revision and a report by the Controller on October 15, 1995. Definitions . �orrowable Resources - Funds available to be borrowed by the General Fund for cash flow purposes. Consists of special fund balances which may be bo�rowed and external borrowing such as revenue anticipation notes (RANs) and warrants (RAWs). Outstanding 8orrowing - Funds actually borrowed by the General fund for�ca:sh.flow.. purposes. Referred to as "cumulative loan balances" in the ONicial Statement:: , Unused Borrowab/e Resources - Balance of funds available to be borrowed by the � General Fund for cash flow purposes afte� accounting for outstanding borrowing. Cash Shortfall - The amount by which unused borrowable resources as of June 30, 1995, as estimated by the Controller on November 15, 1994, falls more than $430 million below unused borrowable resources as of June 30, 1995, as shown in the Official Statement for the July .1994 Revenue Anticipation Warrants. a i � , Ways and Means O�ctober 3, 1994 Projected General Fund Cash Condition 9 As of June 30, 1995 TTotai Borrowabie Resources (S8.3 Billion) � ...._.......... .. _._.... : A cosh shortfau ex�sts M mis � torecast ; � 5 ; to decline by more than one percent of � ' Generol Fund revenues (5430 mil�ion). � •-•-.... . .............. Unused Borrowable Resources b � C O 0 `0 4.5 N C 0 m � i 3 -�- 1.5 54.1 billion Outstanding Borrowing ` 54.2 billion i : 0 ' 7he triagar is puiled on February 20, 1995, if the Controiler identifies a cash shortfai; and tne Governor and the Legislature do not take action to avert it. s 0 �,, -� _ _ _ S f � 1 ' ' - -�� ■�� ■�t ,� � ■�S' � � ;�1!■�■ �� ::� League of California Cities California Cities Work Together ' 1400 K Street • Sacramento 95814 •(916) 444-5790 November 1994 TO: MAYORS, CITY MANAGERS AND CTTY CLERKS IN NON-MANAGER CI'TIES (Internal Distribution Please: City Attorneys and All Department Heads) 1994 STATE LEGISLATIVE WRAP-UP BULLETTN The California Legislature has completed its 1994 legislative session. This Wrap-Up Bulletin is designed to inform city officials on the final actions taken during this second year of the two-year session. City officials are urged to review each bill carefully in terms of its local impact. We also recommend that this Wrap-Up Bulletin be distributed to all appropriate employees for their review. Questions regarding the actions of the 1994 Legislature should be directed to the League's Sacramento office. The effectiveness of the League in 1994 was due largely to the persistent lobbying efforts of literally hundreds of city officials, both elected officials and city management staff. On behalf af the League Board of Directors, we thank you for this support. Unless �assed as urg�y le�islation, or otherwise noted. laws enacted in 1994 are effective as of Januarv 1. 1995. Urge� legislation is effective when the bill is cha�tered bX the Secretary of State. unless otherwise s�ecified. I. II. III. IV. V. VI. VII. VIII. IX. X. XI. XII. XIII. XIV. XV. XVI, :.: ,� ��_ . \ . . � �, � - r� _ � �t: 1994 LEGISLATNE WRAP-UP BULLETIN TABLE OF CONTENTS BROWN ACT, POLITICAL REFORM ACT, CONFI.ICTS OF INTEREST, PUBLIC RECORDS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 ELEC'TIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . ., . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 EMPLOYER-EMPLOYEE RELATIONS, PERSONNEL MANAGEMENT . . . . . . . . . . . 8 FISCAI; ISSLJES, INCORPORA'I'IONS, ANNEXA"I'IONS, LAFCO . . . . . . . . . . . . . . . . . 10 HAZARDOUS MATERIALS, IN'TEGRATED WASTE MANAGEMENT, NATURAL RESOURCES,ENVIRONMENTALQUAI.ITY .•••••••• •••••••••••••••••••• 26 BIJILDING REGULATION, CODE ENFORCEMENT, NUISANCE ABA'I'EMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 HOUSING, MOBILEHOMES, COMMUNITY DEVELOPMENT, REDEVELOPMENT, RENT CONTROL, DEFENSE CONVERSION, ECONOMIC DEVELOPMENT ...... 44 LAND USE PLANNING, ZONING, SUBDIVISIONS, DEVELOPMENT REGULATION, FEES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56 I,IABILI'I'Y, INSURANCE, TORT REFORM . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59 PARKS AND RECREATTON, CHII.D CARE, COMMUNTI'Y CARE FACILI'I'IES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62 PUBLIC RE'I'IREMENT SYS'I'EMS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63 PUBLIC SAFETY, FIRE PROTECTION, EMERGENCY SERVICES . . . . . . . . . . . . . . 67 PUBLIC WORKS, INFRASTRUCTURE, PUBI:IC CONTRACTS : . . . . . . . . . . . . . . . . 78 TRANSPORTATION ................:.................................. 79 VEHICLES........................................... ............... 80 WORKERS' COMPENSATION, UNEMPLOYMENT INSURANCE, HEALTH INSURANCE, OSHA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81 XVII. LJT'II.ITIES, 'I'EI.ECOMMUNICA'I'IONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86 XVIII. MISCELLANEOUS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87 f :, : =�r p7' _ ;r� _ AB8x AB 13 AB 13 x AB 17 AB 19 x aB Zs X AB 27 x AB 29 x AB 36 x AB45x AB 51 AB59x AB 68 x AB 72 AB 79 x AB91x AB 93 x AB 95 x AB 99 x AB 109 x AB 114 AB 133 AB 152 AB 160 x AB 161 AB 167 AB 234 AB 243 AB 304 AB 308 AB 314 AB 315 AB 325 AB 382 AB 463 AB 472 . AB 482 AB 560 AB 6U0 AB b21 AB 640 AB 645 AB 688 AB 713 ' AB 717 AB 726 AB 766 (68) �87) (71) (73) (74) (75) (69) (76) (71) �73). (46) (68) �g) (18) (70) (71) (70) ��) (69) ��) (68) (41) (73) (76) (18) (68) (73) (62) (70) (74) (29) �2g) (68) (16) (67.) (40) ��2) (73) (7a) (56) (32) ��2) (35) (79) �28) {87) (41) LEGISLATIVE WRAP-UP BULLETIN INDEX (page numbers in parentheses) AB 779 AB 783 AB 786 AB 860 AB 867 AB 876 AB 971 AB 987 AB 1029 AB 1106 AB 1180 AB 1211 AB 1281 AB 1328 AB 1329 AB 1414 AB 1448 AB 1495 AB 1551 AB 1622 AB 1629 AB 1633 AB 1691 AB 1780 AB 1808 AB 1853 AB 1873 AB 1874 AB 1905 AB 1931 AB 1948 AB 1963 AB 1983 AB 2003 AB 2010 AB 2014 � Zois AB 2030 AB 2041 AB 2098 AB 2105 AB 2217 AB 2219 AB 2237 AB 2240 AB 2261 AB 2290 (76) (86) (13) (15) (40) (75) (77) (67) �76) (31) (73) (76) (41) (69) (74) (59) (34) (49) (69) (43) (74) (80) (83) (41) (63) �28) (58) ��) (16) (1) (73) (79) (12) (51) (52) (39) (80) , (39) (52) (39) (79) (4) (4) (63) ��2) (70) �12)- AB 2333 AB 2336 AB 2339 AB 2358 AB 2383 AB 2398 AB 2410 AB 2416 AB 2428 AB 2433 AB 2444 AB 2448 AB 2449 AB 2467 AB 2470 AB 2473 AB 2492 AB 2493 AB 2499 AB 2500 AB 2508 AB 2522 AB 2571 AB 2576 AB 2581 AB 2595 AB 2607 AB 2632 AB 2646 AB 2662 AB 2663 AB 2681 AB 2685 AB 2695 AB 2703 AB 2711 AB 2716 AB 2720 AB 2722 AB 2733 AB 2735 AB 2741 AB 2742 AB 2743 AB 2751 AB 2757 AB 2762 ��) (68) ��g) i27) (11) i79) . (4) (75) (73) (69) (31) �gg) (68) (61) ��2) �gg) �28) (83) (68) (76) (61) (61) (48) (86) �2�) (73) (Si) (37) (71) �gg) (56) (40) (18) �gl) (47) (21) i78) �28) (63) (80) (69) (69) i6�) (63) �2�) �Z�) (34) AB 2778 AB 2779 AB 2787 AB 2788 AB 2797 AB 2799 AB Z815 AB 2825 AB 2831 AB 2853 AB 2860 AB 2874 AB 2897 AB 2937 AB 2938 AB 2965 AB 2981 AB 3032 AB 3034 AB 3048 AB 3053 AB 3073 AB 3074 AB 3077 AB 3082 AB 3092 AB 3111 AB 3112 AB 3119 AB 3122 AB 3123 AB 3124 AB 3126 AB 3134 AB 3148 AB 3161 AB 3168 AB 3169 AB 3177 AB 3191 AB 3198 AB 3203 AB 3204 AB 3212 AB 3214 AB 3220 AB 3242 (9) (18) (18) (19) (39) (39) (74) (22) (57) (39) ��g) (40) (67) (61) (36) (69) (62) t22) (70) (40) �2) (11) �79) (81) (34) ��g) (68) (13) �2�) (85) (71) (34) (1) (46) ��g). (3) c62> (75) �22) (69) (58) (48) (26) (19) (26) ��5). (26) AB 3263 AB 3273 AB 3274 AB 32'77 AB 3304 AB 3320 AB 3321 AB 3347 AB 3349 AB 3350 AB 3352 AB 3353 AB 3357 AB 3359 AB 3373 AB 3375 AB 3404 AB 3409 AB 3410 AB 3413 AB 3416 AB 3418 AB 3427 AB 3429 AB 3432 AB 3444 AB 3454 AB 3456 AB 3457 AB 3493 AB 3499 AB 3513 AB 3514 AB 3529 AB 3537 AB 3540 AB 3566 AB 3589 AB 3594 AB 3600 AB 3606 AB 3611 AB 3642 AB 3651 AB 3664 AB 3673 AB 3682 AB 3707 AB 3717 AB 3720 AB 3730 AB 3731 (33) (76) �71) i83) (15) (86) (19) (16) (18) (21) (40) (59) �7g) (16) (48) ��) . (33) (70) �71) ��) (43) �79) (3.1) (86) (89) (1) (3) (76) (70) (79) ��2) (76) (16) (30) (34) (33) (48) (80) (60) �8�) �86) f5) ��g) (47) (9) (38) �gl) . (76) (80) �8�) (69) (74) AB 3735 AB 3752 AB 3754 AB 3755 AB 3759 AB 3774 AB 3786 AB 3797 AB 3799 AB 3805 AB 3819 AB 3821 AB 3836 SB 12 x SB 18 x SB23x SB 26 x SB 59 SB 64 SB 101 SB 108 SB 163 SB 198 SB 243 SB 285 SB 302 SB .354 SB 455 SB 480 SB 517 SB 521 SB 522. SB 583 SB 612 SB 629 SB 657 SB 679 SB 732 SB 749 SB 750 SB 752 SB 778 SB 843 SB 869 SB 899 SB 923 SB 937 SB 1000 SB 1021 SB 1035 SB 1123 (47) (37) (10) ��) �`�) (30) �73) (74) (45) (67) �71) (45) (19) ��g) ��) (73) (69) (76) (37) (50) (38) (73) (80) (58) (41) ��2) (3i) (29) ��) (59) (80) (70) ��2) �$) (80) (34) (19) (52) (29) (47) (1) (39) (5) (59) (46) (32) ��2) (26) (37) (55) (34) SB SB SB SB SB SB 1134 1230 1234 1257 1260 1267 SB 1278 SB 1285 SB 1286 SB 1291 SB sB SB SB SB SB SB SB SB SB SB SB SB SB SB SB SB SB SB SB SB SB SB SB SB SB SB SB SB SB SB SB SB SB SB SB SB SB SB SB SB SB 1301 1302 1303 1308 1309 1314 1330 1336 1346 1361 1368 1373 1378 1384 1387 1393 1397 1403 1413 1416 1431 1438 1450 1453 1459 1463 1488 1492 1496 1501 1510 1515 1518 1524 1527 1534 1540 1545 1546 1547 1553 1565 i79) ��) ��) (75) ��) (13) (11) (39) (60) (60) (60) ��) . �68) (77) (75) (26) (71) (17} (62) ��) (5) ��) ��) (29). (46) (26) (17) (51) (37) (30) (67) (89) (63) �62) (21) (75) (47) (56) (6) (79) (65) �5�) (25) �6) ��) ��) (32) (79) . . : : : . : : . . . : : . . . : : . . : . . : . . . s 1570 1584 1600 1630 1648 1662 16b3 1678 1683 1722 1726 1727 1733 1736 1741 1743 1758 1764 1768 1770 1774 1797 1'779 1803 1804 1811 1828 1837 1838 SB 1860 SB 1863 SB 1873 SB 1874 SB 1882 SB 1893 SB 1894 SB 1899 SB 1910 SB 1911 SB 1922 SB 1927 SB 1941 SB 1971 SB 1972 SB 1984 SB 1988 SB 2018 SB 2034 SB 2058 SB 2098 SB 2112 SB 2127 ,� __ `(65�� . (�) (67) (15) (17) (47) (62) (75) (38) (17) i�) (74) ��g) ��) �78) (37) (81) (51) (21) (71) ��2) �g2) (17) (21) (35) ��) (10) (67) (43) (89) (66) (66) (35) �32) (83) i75) (32) (87) �g�) (30) �17) (62) ��) (15) (70) (4) �68) (42). (16) � :� tf � ' j I. BROWN ACT, POLITICAL REFORM ACT, CONFLICTS OF INTEREST, PUBLIC RECORDS BROWN ACT 1. Open Meetings of Local Agencies. SB 752 ,Ko�pl.p Chanter 32. nc . The Ralph M. Brown Act, which generaily requires that the meetings of the iegislative bodies of local agencies be conducted openly, was revised by several acts in 1993, to be operative April 1, 1994. This bill made a number clarifying technical revisions to resolve inconsistencies between those acts requested by cities and others to be operative April 1, 1994. A detailed discussion of these and other recent Brown Act changes is available in Open and Public II from the League of California Cities Publications. � POLITICAL REFORM ACT 2. Political Reform Act of 1974. GiRs. Candidates. AB 3126 (Jo,_ hnson, . Chapter 1105: Effective January 1, 1995, the e�cisting Ethics in Government Act of 1990, as part of the Political Reform Act of 1974, imposes a$250 limit, adjusted as specified, on the value of gifts that may be accepted by local elected officeholders, elected state o�cers, and elected members of the governing board of a special district, among others. . This bill makes candidates, as defined, for those types of offices subject to the same honoraria prohibitions and gift limitations. � 3: Political Reform Act of 1974. Entitlements. ,AB 3444 (,Mar,g�lin, . Chapter 274. The existing Political Reform Act of 1974 prohibits a public official at any level of state or local government from making, participating in making, or in any way attempting to use his or .her official position to influence a governmental decision in whicfi he or she knows or has reason to know he or she has a financial interest. The act specifically prohibits a Member of Legislature, for a period of one year after leaving office, from acting; for compensation, as an agent or attorney for, or otherwise represent, any other person by making any formal or informal appearance, or by making any oral or written communication, before the Legislature, committee, or subcommittee thereof, any present Member of the Legislature, or any officer or employee thereof, if the appearance or communication is made for the purpose of influencing legislative action, as defined by the act. This bill prohibits a public official of a state agency (includes public of�cials of local agencies) from acting, for compensation, as an agent or attorney for, or otherwise representing, any other person by making any formal or informal appearance before, or by making any oral or written communication to, his or her state agency or any o�cer or employee thereof, if the appearance or communication is made for the purpose of influencing action on a contract, grant, loan, license, permit, or other entitlement for use. PUBLIC RECORDS 4. Confidential Information. Disclosure. AB 1931 (Conrox . Chapter 77. This legislation makes a number of changes related to the confidentiality of public records as it applies to certain individuals. LCC Wrap-Up Bulletin - 11/1/94 - 1- Statutes of 1994 The California Public Records Act provides that specified information appearing in any record of a voter registration affidavit, regarding an individual who is a member of specified categories of persons, is confidential upon the request of that individual and requires that this information not be disclosed, under certain conditions. � This bill adds employees of a city police department or county sheriff's office and the spouse and children of these persons who live with these persons to the listed categories of persons to whom this provision applies. This bill also makes the disclosure of the home address or telephone number of specified peace officers, an employee. of a city police department or county sheriff s office, or the spouse or children of these persons who live with these persons by any person or public entity in violation of.this new law a misdemeanor. This bill makes a violation of this provision that results in bodily injury to these same persons a felony. � Fxisting law provides that every_ person who maliciously, and with the intent to obstruct justice or the due administration of the laws; publishes, disseminates, or otherwise discloses the residence address or telephone number of any'peace officer, nonswom police dispatcher, employee of a city police department or county sheriff s office, or the spouse or children of these persons, while designating these persons as such, without authorization of the employing agency, is guilty of a misdemeanor punishable by imprisonment in a county jail for no more than 6 months. This bill makes a violation of this provision by any person or public entity, with regard to the peace o�cer, employee of the city police department or sheriff s office, or�the spouse or children of these persons, that results in bodily injury to these persons, a felony. _ � Fxisting law provides that the home address appearing in any record of the Department of Motor Vehicles with regard to an individual among specified persons is confidential upon the request of that individual and requires that this information. not be disclosed, except as specified. Existing law makes the willful unauthorized disclosure of information from these records to any person a misdemeanor and also makes the distribution of this confidential information punishable by payment of civil penalties to the department. � , This bill makes the disclosure of the home address of specified peace officers, a nonsworn employee of a city police department or county sheriff's office, or the spouse or children of these persons by any person or public entity in violadon of this prohibition that results in bodily injury to these persons a felony. . - 5. Juveniles. Confidentiality of Records. AB 3053 (�onnolly,). Chapter 1018. Fxisting law generally provides for the confidentiality of juvenile court records and includes a statement of legislative intent to that effect. . This bill revises the statement of legislative intent regarding the confidentiality of juvenile. records. The bill requires a court to transmit written notice, as specified, that a minor has committed any felony or any one of certain enumerated misdemeanors, rather than one of the specified offenses, to the superintendent of the school district in which the minor is a student. The notice must contain only the offense found to have been committed by the minor and the disposition of the minor's case. LCC Wrap-Up Bulletin - 11/1/94 " � - 2-. Statutes of 1994 � The bill requires the district superintendent to transmit the information to the principal of the school attended by the minor, and . requires the principal to expeditiously disseminate that information, as specified. The bill also provides that the information shall be retained in a con�idential.file, shall be transferred to the minor's subsequent school of attendance, and sha11 be maintained uniil the minor graduates from high school, is released from the jurisdiction of the juvenile court, or reaches the age of 18 years, whichever occurs first, before being destroyed. 6. Public Records. Public Employees. AB 3161 (Frazee�, Chapter 838. Existing law provides that the home address, telephone number, occupation, precinct number, and prior registration information shown on the voter registration card for certain specified persons is confidential if the person requests confidentiality of that information at the time of registration or reregistration and shall not be disclosed to any person, except as speci�ed. This bill adds to those persons who may request confidentiality specified city employees involved in criminal law enforcement. This bill also makes the disclosure of the home address or telephone number of specified peace o�cers, an employee of a city police department or county sheriffs office, or the spouse or children of these persons who live with these persons by any person or public entity in violation of the above- specified prohibition a misdemeanor. This bill makes a violation of this provision that results in bodily injury to these specified persons a felony. Under existing law, the home address of specified persons, including public prosecutors, public defenders, and certain law enforcement personnel appearing in any records of the Department of Motor Vehicles is confidential and may not be disclosed except as specified. Existing law requires that the home address be withheld from public inspection for 3 years following termination of o�ce or employment. This bill also makes those provisions applicable to the home addresses of specified city employees involved in criminal law enforcement. This bill makes the disclosure of the home address of specified peace officers, a nonsworn employee of a city police department or county sherifPs office, or the spouse or children of these persons by any person or public entity in violation of this prohibition that results in bodily injury to these persons a felony. 7. Confidential Information. AB 3454 eier�. Chapter 395. Existing law punishes as a misdemeanor the stalking, as defined, of one person by another, and also establishes the civil tort of stalking, as defined, that makes a person guilty of that tort subject to civil liability. Fxisting law provides that any residence address in any record of the Department of Motor Vehicles is confidential and requires that this information not be disclosed, except as speci�ed. Existing law makes the willful unauthorized disclosure of information from these records to any person a misdemeanor and also makes the distribution of this confidential information punishable by payment of civil penalties to the department. This bill additionally prohibits the release of any registration or driver's license record of a person LCC Wrap-Up Bulletin - 11/1/94 - 3- Statutes of 1994 who submits acceptable verification to the department that he or she has reasonable cause to believe that he or she is the subject of stalking or in fear of death or great bodily injury, as specified. 8. Peace Ot'Gcer. Personnel Records. Discovery. SB 2058 (Watson, . Cha ten r 741. Existing law authorizes a department or an agency that employs peace officers to disseminate data regarding the number, type, or disposition of complaints, as described, made against its officers if the disclosed information is in a form that does not identify the individuals involved. Existing law further specifies that nothing contained in the existing prohibition precludes a department or agency &om informing the complaining party of the disposition of the complaint and provides that a notification informing the complaining party of the disposition of his or her complaint sfiall not be conclusive or binding or admissible as evidence in aay separate or subsequent action or proceeding, as specified. This bill requires a department or agency to, release to the complaining party a copy of his or her own statements at the time the complaint is filed and to provide written notification to the complaining party of the disposition of the complaint within 30 days of the disposition. II. ELECTIONS 9. Elections. Declaration of Candidacy. AB 2217 (Martinez, .Lh��er 503. Existing law prescribes the form of a declaration of candidacy for office, which requires the candidate to affirm, among other things, that he or she meets the statutory and/or constitutional qualifications for the office sought. This bill simply requires the candidate to �rm that he or she meets the statutory and constitutional qualifications for the office sought. 10. Recall Elections. Municipalities. AB 2219 �Horcher, . Ch ter 79. Existing law provides for recall election procedures applicable specifically to city officers. It requires that if a recall prevails and a majority of the voters favor a special election, the legislative body must call a special election to fill the vacancy within specified time periods. Otherwise, the vacancy must be filled by appointment by the legislative body. It further provides that if a majority of the legislative body is recalled at the same election, the recalled members retain their offices until their successors are elected and qualified at a special election held within specified time periods. Fxisting law provides for recall election procedures applicable to public officers other than city offcers. It requires the nomination of candidates to succeed a recalled officer and that, among other things, if at the recall election the of�icer is recalled, the candidate receiving the highest number of votes for the office shall be declared elected for the unexpired term of the recalled officer. This bill repeals the recall election procedures applicable specifically to city officers, thereby making the recall election procedures of public officers generally applicable to all city officers. i 1. Voter Registration. Information Requests. AB 2410 (�o,� eier, . Cha�ter 777. Existing law requires that unless otherwise specifically provided, an application for voter registration information available pursuant to law and maintained by the Secretary of State or by the elections official of any county LCC Wrap-Up Bulletin - 11/1/94 - 4- - Statutes of 1994 % � � sha11 be made by way of a request for information that sets forth speci�ied items of information, including the name, address, and telephone number of the information applicant, and a statement of the intended use of the information requested. It requires the applicant to certify to the truth and correctness of the content of the application, under penalty of perjury, and to state the date.and execution of the place of declaration. This bill requires that the application for voter registration information set forth the number of the applicant's driver's license, state identification card, or other ident'�f'ication, as specified, and the specific information requested. It also requires the elections official to request the applicant to display his or her identification for purposes of verifying that identifying numbers of the identification document match those written by the applicant on the application form. This bill requires that completed applications for voter registration information be retained by the elections o�cial for 5 years from the date of application. This bill does not apply to requests for information by elections o�cials for election purposes or by other public agencies for governmental purposes. 12. Election Information. Availability. Technology. AB 3611 (Moore, . Chapter 1137. Existing law designates the Secretary of State as the chief elections o�cer of the state. It requires the Secretary of State to prepare a ballot pamphlet for statewide elections. This bill states legislative findings and declarations on the need to utilize information processing technolo� to improve the accessibility of election information to the voters. This bill requires the office of the Secretary of State to develop a program to utilize modern communications and information processing technology to enhance the availability and accessibility of information on statewide candidates and ballot initiatives. It requires the Secretary of State to report to the Legislature on the scope and cost of the program by June 30, 1995. 13. Nomination Documents. SB 843 ,Committee on Elections and Rea�portionment). Cha tn er 9. Ur en . Existing law defines the term "nomination documents" as including a statement of intention and a declaration of candidacy, requires each candidate for a party nomination for the office of State Senator or Member of the Assembly, any state constitutional office, or Insurance Commissioner at the direct primary election to file a written and signed statement of intention to become a candidate for his or her party's nomination for that office, and prohibits the printing of a candidate's name on the ballot unless the statement of intention is filed. This bill instead defines "nomination documents" as meaning declaration of candidacy and nomination papers, repeals the requirement for filing a statement of intention, and prohibits the printing of the candidate's name on the ballot unless signed nomination papers are filed. 14. Elections. Payments. Inducements. SB 1384 (Kon�. Chapter 818. Existing law imposes criminal penalties for various prohibited acts that corrupt the voting process, including offering or paying any money or other valuable consideration to a voter, or any other person, to induce the voter to vote or refrain from voting for a particular. person or measure, or to remain away from the polls at an election, among other things. LCC Wrap-Up Bulletin - 11/1/94 - 5- Statutes of 1994 r This bill, in addition, prohibits a controlled committee from directly or indirectly paying, lendi.ng, or contributing any money or other valuable consideration to or for any voter or person to induce any voter to vote, refrain from voting, or remain away from the polls. 15. Voters. Registration Information. Confidentiality. SB 1518 Marks, . Chapter 1207. Existing law contains various provisions relating to the availability of the information contained in �davits of registration, and the ability of specified persons to file a confidential affidavit of registration. Under existing law, information contained in a confidential affidavit of registration may only be released for certain election, govemment, or research purposes, or whenever a person's vote is challenged, as speci�ed. This bill repeals or revises provisions of existing law relating to the disclosure of voter registration information, speci�ically the home address, telephone number, occupation, precinct number, and prior registration information, to declare this information confidential and not available to the public. The bill repeals provisions establishing the confidential affidavit of registration, and applies the conditions for the release of information contained in a confidential a�davit of registration to all affidavits of registration. It also requires disclosure of this information to any candidate for federal, state, or local office, to any committee for or against any initiative or referendum measure for which legal publication is made, and to any person for joumalistic purposes pursuant to an application for voter registration information, as specified. 16. Elections. Voting. SB 1545 (Committee on Elections and ReaRnortionment, ChaFter 1189: Fxisting law requires the Secretary of State to mail ballot pamphlets to voters, in those instances in which the counry clerk uses data processing equipment to store the information set forth in the affidavits of registration, before the election at which measures contained in the ballot pamphlet are to be voted upon. Existing law requires this mailing to commence not more than 40 days before the election. This bill requires that the mailing commence not less than 40 days before the election. The Truth in Endorsements Law prohibits a state party convention, state central committee, or county central committee from endorsing, supporting, or opposing any candidate for nomination by that party for partisan office in the direct primary election. Existing law also makes it a misdemeanor for any candidate in a primary election to claim official party endorsement: The Truth in Endorsements Law also requires that every advertisement, bill, placard, pamphlet, or other printed or duplicated matter having reference to any candidate for nomination for partisan office in the direct primary election, which contains a statement or words to the effect that the candidate. has been endorsed or is being supported by a political party, political. party organization, or organization using as part of its nazne the name of a political organization, bear a notice to voters that the endorsement is by an unoff'icial political group, as specified. The United States Supreme Court, in the case of Eu v. San Francisco County Democratic Central Committee, 489 U.S. 214, has declared unconstitutional the provision that prohibits the endorsements, as well as the provision that makes it a misdemeanor for any candidate in a primary election to claim official party endorsement. This bill repeals these provisions, as well as specified related provisions. . LCC Wrap-Up Bulletin - 11/1/94 - 6- Statutes of 1994 ,f , _-�' Existing law governs the conduct of elections at local . precincts. This bill prohibits members of local precinct boards from displaying, distributing, or making available at the polling place any materials other than those required pursuant to this division without the express approval of the county elections official. Because a violation of this provision would be punishable by a fine not exceeding $1,000 or by imprisonment in the state prison for 16 months or 2 or 3 years, or by both fine and imprisonment, the bill would impose a state-mandated local program by creating a new crime. 17. Elections. SB 1546 (Committee on Elections and ReaR�ortionment . Cha�ter 923. Fxisting law contains various references to specific provisions of the Elections Code. This bill makes technical nonsubstantive changes by renumbering references to specific provisions of the Elections Code, and by making related technical changes. 18. Elections Code. Reorganization. �B 1547 (Committee on Elections and Rea�,portionment . Chapter 2( . The existing Elections Code governs the conduct of statewide and local elections, and sets forth provisions governing the registration of voters, regular election dates, the qualification of initiative and referendum petitions, candidacy and nomination procedures, political party organization, the preparation and distribution of ballots, election procedures, the preservation of records, the declaration of results, election contests, consolidation of elections, the conduct of special elections, the recall of elected officials, penalties for prohibited acts, and reapportionment of state and local government election districts, among other things. This bill repeals the existing Elections Code, and would reenact the code in a reorganized format. It repeals the statutes applicable to the 1983 redistricting of legislative, congressional, and State Board of Equalization districts that were superseded by the 1992 redistricting plans adopted by the California Supreme Court (Wilson v. Eu, 1 Cal. 4th 707). This bill states the intent of the Legislature to reorganize and clarify the Elections Code and thereby facilitate its administration. It further states the Legislature's intent that the changes made to the Elections Code, as reorganized by this act, have only technical and nonsubstantive effect. This bill states the finding of the Legislature that the reorganization of the Elections Code pursuant to this act, in view of the nonsubstantive statutory changes made, will not result in new or additional costs to local agencies responsible for the conduct of elections or charged with any duties or responsibilities in connection therewith. This bill provides that any section of any act enacted by the Legislature during the 1994 calendar year that takes effect on or before January 1, 1995, and that amends, amends and renumbers, adds, repeals and adds, or repeals a section with the same number as a section repealed or added by this act, shall prevail over this act, whether that act is enacted prior to, or subsequent to, this act. LCC Wrap-Up Bulletin - 11/1/94 - 7- Statutes of 1994 III. EMPLOYER-EMPLOYEE RELATIONS, PERSONNEL MANAGEMENT 19. Public Holidays. Cesar Chavez Day. SB 1373 Torresl. Cha�ter 1011. Fxisting law requires the Govemor to proclaim various days of the year as days to give attention to certain persons or events. This bill requires the Govemor to proclaim March 31 as "Cesar Chavez Day." The bill does not mandate March 31 as a new holiday for local government employees, but pemuts local agencies to adopt this as a holiday. 20. Harassment of Employees. AB 68 Alpertl. Cha�ter 2Q, 1993-94 First Extraordinary Session. Existing law regulates the employer-employee relationship, as specified. Existing law also prolubits � harassment of individuals, authorizes the issuance of temporary restraining orders and injunctions prohibiting such harassment, and specifies the penalties therefor. This bill enacts similar provisions authorizing an employer to obtain a temporary restraining order and an injunction against unlawful violence or credible threats of violence against an employee, as defined, a violation of which would be punishable under a specified provision of existing law. The bill also requires the Judicial Council to develop forms, instructions, and rules for these purposes, as specified. Existing law makes it a public offense for a person to purchase or receive, or attempt to purchase or receive, a firearm knowing that the person is subject to, among other things, a protective order, as defined, and makes it a public offense for a person convicted of certain misdemeanors to own or possess a firearm within 10 years thereafter. This bill adds a temporary restraining order or injunction issued above, or pursuant to existing law regarding harassment, to the former offense: A violation of the temporary restraining order or injunction would be a public. offense under the latter provision. Existing law makes the willful and knowing violation of a protective order or temporary restraining order or injunction, as specified, a public offense. This bill adds a temporary restraining order or injunction issued pursuant to an employer to this offense. 21. Sexual Harassment. �B 612 (Ha,+�den�. Cha�ter 710. Existing law makes it unlawful to harass an employee or employment applicant because of, among other things, sex. These provisions are enforced by the Department of Fair Employment and Housing. General provisions of existing law specify that all persons have the rigtit to be free from violence or intimidation by threat of violence, against their persons or property, because of certain bases of discrimination. This bill provides a cause of action for sexual harassment that occurs as part of a professional relationship, as specified. A person is liable in a cause of action for sexual harassment when the plaintiff proves all of the following elements: 1. There is a business, service, or professional relationship between the plaintiff and defendant. Such a relationship includes any of the following: LCC Wrap-Up Bulletin - 11/1/94 - 8- Statutes of 1994 �r �, � � (a) Physician, psychotherapist, or dentist-patient. (b) Attorney, marriage, family or child counselor, licensed clinical social worker, mast of social work, real estate agent, real estate appraiser, accountant banker, trust officer, � financial planner loan o�cer, collection service, contractor, or escrow loan officer-client. (c) Executor, trustee, or administrator beneficiary. (d) Landlord or property manager-tenant. (e) Teacher-student. (� A relationship that is substantially similar to any of the above. 2. The defendant has made sexual advance, solicitations, sexual requests, or demands for sexual compliance by the plaintiff that were unwelcome and persistent or severe, continuing after a.. request by the plaintiff to stop. 3. 4. There is an inability by the plaintiff to easily terminate the relationship without tangible hardship. The plaintiff has suffered or will suffer economic loss or disadvantage or personal injury as a result of the conduct described in paragraph (2). 22: Public Ofticers. Benefits. AB 3664 (Martinez). Cha�ter 1065. Existing law authorizes members of legislative bodies of local public agencies to receive various retirement, health and welfare, and pension trust benefits. This bill limits receipt of those benefits for members of legislative bodies of local public agencies (including city councils) whose first service commences on and after January 1, 1995. Retirement, health and welfare, and pension trust benefits are limited to an amount no greater than that received by nonsafety employees of that agency. In the case of agencies with different benefit structures, the bene�its of inembers of the legislative body shall not be greater than the most generous schedule of benefits being received by � category of nonsafety employees. 23. Civil Liability. Disclosures by Former Employers. AB 2778 MurraX�. Ch,�pter 364. Under existing law, certain communications are privileged and may not be the basis for tortious liability, including communications made without malice to a person interested therein by a person who is also interested, made by a person wfio stands in a relation to the person interested as to afford a reasonable ground for supposing the motive for the communication to be innocent, or made by a person who is requested by the person interested to give the information. This bill specifies that the above privilege applies to. communications concerning the job performance or qualifications of an applicant for employment made, without malice, by a current or former employer of the applicant to, and upon the request of, the prospective employer. The bill also speci�es that tlus privilege does not apply to a communication concerning the speech or activities of an applicant for employment that is constitutionally protected or protected by other LCC Wrap-Up Bulletin - 11/1/94 - 9- Statutes of 1994 provisions of law. 24. Public Safety OfGcers. Interrogation. SB 1860 Leslie .1 Cha�ter 1259. Fxisting law under the Public Safety Officers' Bill of Rights requires that certain conditions be met when any public safety officer is under" investigation and subjected to interrogation.by his or her commanding officer, or any other member of the employing public safety department, that could lead fo punitive action. This bill prohibits any statement made during interrogation by a public safety officer under duress, coercion, or threat of punitive action from being admissible in any subsequent civil proceeding, subject to specified qualifications. Those following qualifications include: l. This provision does not limit the use _ of statements made by a public safety officer when the employing public safety department is seeking civil sanctions against any public safety officer, including disciplinary action, as specified. 2. This provision does not prevent the admissibility of statements made by the public safety o�cer under interrogation in any civil action, including administrative actions, brought by that public safety officer, or that officer's exclusive representative, arising out of a disciplinary action. 3. Does not prevent statements made by a public safety officer under interrogation from being used to impeach the iestimony of that officer after an in camera review to determine whether the statements serve to impeach the testimony of the officer. - 4. Does not otherwise prevent the admissibility of statements made by a public safety officer under interrogation if that officer subsequently -is deceased. IV. FISCAL ISSUES, INCORPORATIONS, ANNEXATIONS, LAFCO BENEFTT ASSESSMENTS 25. Parking and Business Imprnvement Areas. AB 3754 (�aldera). Chapter 897. This measure authorizes the establishment of a property and business improvement �district for the purpose of levying benefit assessments on owners of property within the district to fund certain improvements and activities. The benefit assessments may be levied to fund booths, kiosks, display cases, pedestrian shelters, signs, public restrooms, heating facilities, planting areas, closing or altering of existing streets, facilities or equipment to enhance security, ramps, sidewalks, plazas, pedestriaa malls, rehabilitation or removal of existing structures, marketing, economic development, retail retention, retail recruitment, and various municipal services supplemental to those normally provided by the municipaliry. . The bill would require the city council to provide notice and hold public hearings prior to the formation of the district. A majority protest of property owners paying more than 50 percent of the assessments would stop the formation of the district. The bill prohibits property zoned for agricultural use from being subject to any assessment pursuant to this bill. LCC Wrap-Up Bulletin - 11/1/94 - 10 - Statutes of 1994 7 ^. 26. Vote Requirements and Public Notice. �B 1286 (Ber�eson) ChaFter 860. This bill measure makes the following changes: (a) Specifies that rates and charges are not assessments for purposes of public notice. - (b) Requires that the public notice include the estimated amount of assessments on various types, amounts and uses of property and the formulas or ranges of the assessment. (c) Revises the provisions under the Fire Suppression Assessments Act above by specifying that the public notice must contain the amount of the maximum assessment if applicable: - (d) Adds to the 4/5 vote requirements for overruling or denying protests under the 1911, 1913, 1931, and 1927 acts described, above a requirement that the legislative body make a finding that the public health and safety require the improvements be made. (e) Makes other technical; nonsubstantive changes. DEBT FINANCING 27. Local A,gency Obligations. AB 3073 Caldera .� ten r 972. Urgencv. This bill moves existing law provisions which prevent the unauthorized offer and sales of securities that are fractional interests in local agency obligations (leases, installment sales, or other obligations of the city, county, school district, or other local agency) without obtaining the prior written consent of the local agency from the Corporations Code to the Government Code. Violators would be subject to civil and criminal penalties up to $10 million and\or five years imprisonment. This measure would exempt the following securities covered under current law from compliance with these provisions: � 1) 2) 3) Securities that are sold only to institutions. Securities which are registered under federal securities laws. Securities which are already issued and outstanding before the effective date of Chapter 723, Statutes of 1993. = DISASTER RELIEF 28. California Natural Disaster Assistance Act (CNDAA). AB 2383 (Committee on Ways and Means). Cha ten r 151: Urgency. The Federal Emergency Management Agency (FEMA) is authorized to reimburse public agencies for 75% of the eligible costs to repair da�ages to public facilities damaged by federally-declared disasters. In response to the Northridge Earthquake, the federal government also authorized the advance of the nonfederal share of financial assistance costs of state and local agencies to the state. This measure authorizes the Director of Finance to enter into agreements to accept the advances of the nonfederal share. These funds must be repaid with interest from the state General Fund "as LCC Wrap-Up Bulletin - 1�1/1/94 - 11 - Statutes of 1994 r, soon as the state is able to do so", but no later than July 1, 1997. In the case of the Northridge Earthquake, the state will cover 100% of the local share of the nonfederal costs. 29. San Luis Obispo Fire Taac Relief. AB 1983 O'Connell). Chapter 1245. r n.'Y'his measure provides income tax and property tax relief for the August 1994 San Luis Obispo Fire. Current law provides that when the President declares an area to be a disaster, both business and non-business taxpayers may amend their prior-year income tax returns and deduct the disaster losses against prior-year income. In previous disasters, specific legislation has been enacted which allowed both business and non-business taxpayers to carry forward 100 percent of their losses in excess of tax liability for five years. Fifty percent of any remaining excess loss after this period may be carried forward for an additional ten years. This measure wonld provide the same tax relief for losses as a result of the San Luis Obispo Fire.- C�rrent law provides for reassessment of damaged properties after a calamity, disaster or misfortune. Taxpayers may defer payment of the next installment of property taxes pending receipt of a corrected tax bill. In previous disasters, legislation was enacted which provided a one-year state reimbursement of property tax losses resulting from dowaward-reassessment of damaged or destroyed property. This bill would provide the same tax relief for losses as a result of the San Luis Obispo Fire. 30. Northridge Earthquake Tax Relief. AB 2290 (Katz,�, Chanter 17. Ur�encX. This measure provides income tax and property tax relief for the January 1994 Northridge Earthquake. C�rrent law provides that when the President declares an area to be a disaster, both business and non-business taxpayers may amend their prior-year income tax returns and deduct the disaster losses against prior-year income: In previous disasters, specific legislation has been.enacted which allowed both business and non-business taxpayers to carry forward 100 percent of their losses in excess of tax liability for five years. Fifty percent of any remaining excess loss after this period may be carried forward for an additional ten years. This measure would provide the same tax relief for losses as a result of the Northridge Earthquake. � � C�rrent law provides for .reassessment of damaged properties after a calamity, disaster or misfortune. Taxpayers may defer payment of the next installment of property taxes pending receipt of a corrected tax bill. In previous disasters, legislation was enacted which provided a one-year state reimbursement of property tax , losses resulting from downward-reassessment of damaged or destroyed . property. This bill would provide the same tax relief for losses as a result of the Northridge Eartbquake: • � 31: Southern California . Fire Tax Relief. SB 1234,�Berge on, Ch ter 33. Urge�. This measure provides income tax and property tax relief for the October and November 1993 Southern California Fires. The fires resulted in damages to Los Angeles, Orange, Riverside, San Bernardino, San Diego and Ventura Counties. C�nent-law provides that when the President declares an area to be a disaster, both business and_ non-business taxpayers may amend their prior-year income tax returns and deduct the disaster losses against prior-year income. In previous disasters, specific legislation has been enacted which allowed LCC Wrap-Up Bulletin - 11/1/94. � � - 12.- Statutes of 1994 , 7 both business and non-business taxpayers to carry forward 100 percent of their losses in excess of tax liability for five years. Fifty percent of any remaining excess loss after this period may be carried forward for an additional ten years. This measure would provide the same tax relief for losses as a result of the Fires� in Southern California. � Ciirrent law provides for reassessment of damaged properties after a calamity, disaster or misfortune. Taxpayers may defer payment of the next installment of property taxes pending receipt of a corrected tax bill. In previous disasters, legislation was enacted which provided a one-year state reimbursement of property tax losses resulting from downward-reassessment of damaged or destroyed property. This bill would provide the same tax relief for losses as a result of the Fires in Southern California. INVESTMENTS 32. Local Agency Investment Fund: California State University. AB 3112 Aguiar,�, Chapter 51 . This measure allows the California State University campuses or units to.participate in the state's Local Agency Investment Fund. . 33. Investments in South Africa. SB 1285 (Watson, . Cha tn er 30. Urge�ncy. This measure repeals the prohibition of: (a) The use of state trust fund moneys to make investments or renew investments in business firms that have business operations in South Africa, or business arrangements with the government of South Africa. (b) The use of state trust moneys to make additional or new investments in financial institutions that make loans to any South African corporation or to the government of South Africa. (c) � The California State World Trade Commission providing assistance and information to the government of South Africa. The measure would no longer require all corporations selling stocks in California to disclose on the prospectus whether or not the corporations doing business in South Africa or with any person or group located in South Africa (the implementation of this provision has been halted by a California appellate court). Nor would, it require the Public Utilities Commission to prohibit any public utility that has any retirement funds invested in the government of South Africa or Libya, or in any corporation based in those countries, from including in its plan operating budget any losses incurred in those investments. LOCAL GOVERNMENT FINANCE 34. Local Government Finance: Property Tax Allocation, Military Base Re-Use Authorities and San Bernardino County Flood Control District Law. AB 786 �Hanniganl. Chaoter 1166. Urgencv. This measure makes various changes in law related to (a) military base re-use authorities, (b) Teeter Plan; (c) Property Tax Allocation and Basic Aid School Districts, (d) Property Tax Administration Funds, and (e) San Bernardino County Flood Control District Law. LCC Wrap-Up Bulletin - 11/1/94 - 13 - Statutes of 1994 (a) Military Base Re•Use Authorities This measure provides a clarification of the requirements to. form a new re-use authority in AB 3759 (Gotch). The bill specifies which cities and counties can participate in the formation of a new� re-use authority. (b) Teeter Plan Deadline Extension Counties operating under the Teeter Plan allocate property taxes to jurisdictions based on the total amount of property taxes levied, not the amount collected.. At the time the county adopts the Teeter Plan, the county must also forward to each local agency delinquent property taxes from prior fiscal years. The county is allowed to retain the interest and penalty on delinquent property taxes in exchange for advancing the full property tax payment to other jurisdictions. If a county does decide to operate under the Teeter Plan, cities and special districts can opt to receive revenues under Teeter or to continue to receive property tax revenues, penalties and interest as they are collected. . Counties that opted into the Teeter Plan in 1993•94 were allowed to reduce their 1993-94 property tax shift by the amount of cash flow they forwarded to school districts. All except six counties (Alpine, Calaveras, Los Angeles, Mono, Mariposa, and Monterey) adopted the Teeter Plan in 1993-94. This measure would allow those six counties to adopt the Teeter Plan in 1994-95 and reduce the amount of its 1994-95 property tax shift accordingly. (c) �p� Tax Allocation and Basic Aid School Di tricts To implement the 1992-93 and 1993-94 State Budgets, the Legislature shifted nearly $4 billion in property tax revenues from cities, coundes, special districts, and redevelopment agencies to school districts. The statute requires county auditors to put. the revenue into an Educational Revenue Augmentation Fund ("ERAF') in each county, and then allocate the funds to school entities. None of the ERAF revenue can go to 'basic aid" districts and a district cannot receive more ERAF revenue once it qualifies as a basic aid district. Marin County o�cials report that ERAF revenues fiave made every school entity located entirely within the County a'basic aid" district. The County still has a significant balance in its ERAF. _ This bill requires the Mari.n County auditor to retum "excess" ERAF balances to the county government, the cities, and the special districts in proportion to the amounts that those agencies lost _to ERAF. (d) Property Tax Administration Funds Counties are authorized to impose an administrative charge on cities, special districts, and redevelopment agencies to cover the costs of administering the property tax. Counties are not allowed to charge schools. The 1994-95 State Budget appropriated $25 million to counties for property tax administrative costs. C�nent law requires counties to reduce their charges to other local governments by the amount of outside revenue. This statute would prevent the counties from benefiting from the state's appropriation. � LCC Wrap-Up Bulletin - 11/1/94 - 14 - . Statutes of �1994 _,_ f � �` This bill provides that an allocation for property tax administration costs from any State Budget will not reduce the counties' ability to collect property tax administration costs from other local governments. (e) San Bernardino Countv Flood Control District L,aw This bill allows the San Bernardino County Board of Supervisors to change the boundaries of the zones of tfie San Bernardino County Flood Control District by ordinance, after holding a noticed public hearing. 35. Kensington Community Services District. AB 3304 (Bates�� Chapter 524. This measure amends the 1993-94 property tax shift formula to reduce the shift from the Kensington Community Services District by $104,000. The bill requires�that a community services district must have taken over a � police protection district. and the county board of supervisors must have requested the State Department of Finance that this change occur in their county. The Kensington Community Services District is the only district that �meets ihe requirements of this bill. 36. Correction of 1993-94 Property Tax Shif�. AB 860 ,Pringle�, Cha�ter 155. Ur,gency. This measure corrects the "errors" in the legislation implementing the property tax shift in the 1993 budget agreement. The corrections would assure that the State receives the full $2.6 billion in revenue from the property tax shift. Not all counties interpreted the language in the original legislation in the same manner. Those counties that followed the precise language in SB 1135 (1993) first shifted the property tax from cities, counties and special districts to the Education Revenue Augmentation Fund (ERAF) and then transfened the property tax increment to the redevelopment agencies based on the allocation of the property tax after the transfer, i.e. ERAF was treated like any other local agency and was required to allocate some of their tax increment to the redevelopment agency. AB 860 "conected" this interpretation. Cities, counties and special districts will still shift the same amount of property tax to ERAF. This measure, however, requires the auditor-controller to calculate the increment on the amount transferred from each local�urisdiction to ERAF and requires" that jurisdiction, rather than ERAF, to pay that amount of increment calculated to the redevelopment agency from their remaining property tax base. There will be no impact on the amount of increment transferred to the redevelopment agency. - � 37. ' Revenue Allocation. Libraries. SB 1648 ,Dills). Chavter 344. This bill provides that for the 1994-95 fiscal year and each fiscal year thereafter, the amount of property tax revenue deemed allocated in the prior fiscal year to a county free library or a library established as an independent special district must not be reduced for purposes of increasing the amount of property tax revenue to be allocated to another jurisdiction. This bill does not preclude . future legislation that would reduce the property tax to library districts. 38. Property Tax Shift. Special Districts. SB 2018 (Leslie). Chapter 133. This bill clarifies that the provisions of AB 1224 of 1993 which limited the property tax shift of the North Tahoe Public Utility District apply to the provisions of the 1992-93 property tax shift commencing with the 1993-94 fiscal year. � LCC Wrap-Up Bulletin - 11/1/94 - 15 - Statutes of 1994 39. Actions and Proceediags Related to State Funding for Local Agencies. SB 2127 (Senate Committee on B get and Fiscal Review�, Chapter 156. Urge�. This measure provides that there shall be 90 days, rather than 45 days, to challenge the constitutionality of any statute relating to state funding for local agencies. It also authorizes the Attorney General, in any action in` which a local agency is a plaintiff ag�.inst the State of California, to move, prior to answering, for a change of venue to the County of. Sacramenta - PROPERTY TAX 40. 1�ransfer of Base Year Value for Disaster-Damaged Prnperty. AB 382 (Lee). Cha�ter 72: Urgen,�y. This measure implements Proposition 171 passed in November 1993. Current law allows the transfer of .the base-year value of property daniaged or destroyed by a disaster to a comparable property located within the same county if the county .has adopted an ordinance allowing such transfers. This measure implements Proposition 171 which allows the transfer of the base-year value to a comparable property in another county, if the county has adopted an ordinance allowing such transfers. � 41. Library Services. AB 1905 �Campbell . Cha�ter 1025. For fiscal years 1993-94 througli 1996-97, this measure requires the Santa Cruz County Auditor �to deposit those property tax revenues that would, otherwise be allocated to enteiprise special districts in Santa Cruz County in a Supplemental �. Allocation Fund. The County Board of Supervisors�must allocate the revenues�in the Fund to the County Library Fund or to the enterprise special districts. 42. Property Tax Allocation. AB 3347 (Gotch, . Chanter 1167. This measure repeals the provisions of the Revenue and Taxation Code relating to property tax revenue allocation and re-enacts them with nonsubstantive technical and clarifying changes, e.g. deletes obsolete provisions, consolidates similar, provisions. 43. Assessment Appeals. AB 3359 �Murray), Cha�ter 856. Urge�. This measure limits the delinquent penalty and interest when a property assessment is reduced by the county assessment appeals board. C�rrent law provides that when assessments are appealed, the county assessment appeals board has two years in which to act on the,appeal. If action is not taken within two years, the taxpayer's estimate of value.is placed on the assessment roll and becomes the� basis for the property tax until the appeals board takes a final action. Frequently taxpayers pay tax only on their own estimated value of the property. Some _counties have interpreted the law to mean that �11 of the delinquent penalty and interest is waived if the appeals board reduces the assessment by any amount. This measure would limit relief from delinquent penalty and interest to the amount relating to the tax forgiven due to the reduction in value finally determined by the appeals board. The bill further provides that no penalties or interest may be imposed if the taxpayer pays tax based on at least 80 percent of the finally-de.termined value, �within 60 days of receiving the tax bill. 44. Exemption of Hand Tools. AB 3514 (,Costa). Chapter _ 527. , Certain jobs, ; such as auto shop mechanics, require ernployees to provide their own hand tools. Because these tools are used for business purposes, they are legally subject to the local properfy tax. Most counties have, by practice, LCC Wrap-Up Bulletin - 11/1/94 - 16 - Statutes of 1994 :{� n not assessed this type of property. Fresno and Tulare Counties have recently been making a concerted effort to tax these tools. This measure exempts hand tools owned and supplied by an employee from. the property tax. � 45. Property Tax Housekeeping Bill. SB 1431 ,Senate Revenue and Taxation Committeel. Cha�ter 1222. This bill requires a tax identification number for nonresident alien claimants for the parent- child transfer exemption, eliminates unnecessary filing requirements for the veterans or disabled veterans exemption, moves the filing date for the veterans exemption from December 1 to December 10, and provides that a manufactured home voluntarily converted from vehicle license fees to the property tax is to be valued �at its full cash value on the lien date for the year in which - . it is first enrolled. 46. Boundary Changes. �B 1662 ,Greene�, Cha�ter 229. This measure moves the January 1 deadline for submitting boundary maps and statements to the prior December 1. In addition, it requires personal property assessments to be transferred from the secured roll to the unsecured roll when the underlying .real property is sold after the lien date but before the assessment roll is completed, and the new owner does not become the owner of the personal property. The measure also repeals the restriction that the Legislature may not grant property tax exemptions for longer than five years or for more than 75 percent of the value of property. 47. Supplemental and Escape Assessments. SB 1726 (KoppL Cha�ter 544. This bill provides that the statute of limitations for reassessing property and issuing escape assessments for prior years shall start July 1 of the assessment year in which the change-in-ownership statement is filed rather than � from the year in which the change in ownership occurs. This is intended to enable the assessor a longer statute of limitation in cases of fraud or omission. The measure also imposes a penalty of 75 percent of the amount of value which escaped assessment in cases where the taxpayer, through fraudulent act or omission, or through fraudulent collusion with the assessor, caused taxable property to escape assessment. 48. Prnperty Tax Administration. SB 1804 (Johnston, . Chapter 705. This bill makes numerous minor clarifying and technical changes relating to property tax administration. 49. Possessory Interest. �B 1972 (Cam�bell). Chapter 1281. C�rrent law provides that when a private party leases a structure .owned by the Public Employees' Retirement System (PERS) or the State Teachers' Retirement System (STRS) for a partial year, the tax on the possessory interest is to be prorated in accordance with the number of months for which the lessee's interest existed. This proration provision only applied for the 1992-93 and 1993-94 fiscal years. This measure requires the valuation of a possessory interest in property owned by a state retirement system to take into account the anticipated term of possession where that possession is anticipated to terminate prior to the end of the next fiscal year. The bill would be effective commencing with the March 1, 1995 lien date. � � 50. Tax Equity Allocation Formula: Merger of Subsidiary District with �a City. SB 1361 ,Wright�, �hauter 241. nc . This measure provides that the apportionment to a no- or low-property tax city from the tax equity allocation formula shall not be reduced by reason of that city becoming the LCC Wrap-Up Bulletin - 11/1/94 - 17 - Statutes of 1994 successor agency to a special district that is dissolved, merged with that city or becomes a subsidiary district after July 1, 1994. 51. Local Agency Bonds. Property Tax. AB 3349 �. otch�, Cha,pter 293. en . Among other provisions in AB 3349• this bill also authorizes a joint powers agency to issue specified bonds in order to purchase obligations of, or to make loans to, local agencies, to finance the local agencies' unfunded actuarial pension liability, or to purchase, or to make loans to finance the purchase of, delinquent assessments or taxes levied on the secured roll by the local agencies, the county, or any other political subdivision of the state, as provided. SALES TAX 52: Exclusion of Retailers that Sell Through Computer Networks. AB 72 (Klehs�. Chanter 851. Apple Computer is developing an on-line home computer network to allow subscribers to order on-line from direct marketing operations. The mainframe computer would be located in California. The Board of Equalization contends that any retailer advertising on tlus network would be. considered to have , physical nexus in-state and thus be subject to state and local sales and use tax. Many retailers with no other nexus to California are unwilling to enroll with Apple Computer. Apple can relocate the computer outside California. This measure clarifies that a retailer who otherwise would not be required to collect sales tax, would not be required to� do so simply because they advertise on a computer network which they do not own. The bill would become inoperative if federal legislation is_, enacted to require mail order sellers to coliect sales tax. 53. Exemption for Animals and Plants. AB 161 (Peace, : ChaFter 771. Ciirrent law provides a sales and use tax exemption for purchases of endangered animal and plant species where both the buyer and seller are nonprofit zoological societies: This measure expands that definition to include purchases and trades between a aon-profit zoo and any member, including a for-profit member of � the American Zoo and Aquarium Association. 54. Exemption for Auctions Benefitting Homeless Shelters. AB 2685 (Costa . Chapter 855. This measure provides a sales tax exemption for sales made at an auction which is conducted by or affiliated with a shelter for homeless individuals and families. The auction may be conducted not more than.once in any 12-month period. - 55. Sale-Leaseback �ansactions. AB 2779 ,Pringle). Cha�ter 286. Urge�. This bill deletes the -� January 1,1995 sunset date on the 90-day exemption for acquisition sale-leaseback transactions. An acquisition sale-leaseback transaction occurs when an entity acquires tangible personal property and then enters a.sale-leaseback arrangement with a third party. The purpose of this bill is to permanently eliminate the second sales ta�c unposed on the sale-leaseback of property, if the leaseback of the property occurs within 90 days of the original acquisition of the property. 56. Sales Tax for Libraries in Stanislaus County. AB 2787 (Snyder, . Ch ter 244. This measure authorizes Stanislaus County to impose a sales and use tax at .a 1/8 percent rate. The measure would require approval by a two-thirds vote of the people and the revenue would be earmarked for countywide library programs and operations. The tax would be limited to a period not to exceed LCC Wrap-Up Bulletin - 11/1/94 - 18 - � Statutes of 1994 _-. ,. -.�_ . �1 f�� five years and could be reauthorized with voter approval. 57. Sellers Permits for Events or 'h�ade Shows. AB 3212 (Alper�, Cha�ter 393. Urgency. This measure provides that a sellers permit would not be required for a special event if (1) �2) all exhibitors' contracts prohibit any sale of property and no property is actually sold, it is conducted for information or educational purposes only, or (3) _ the trade show is not open to the general public, orders for property are only for subsequent resale, and it is operated by a tax-exempt organization. 58. Residential Care Facilities. AB 3321 (Takasug� . Chapter 702. This measure exempts meals and food products sold to residents or patients of residential care facilities for the elderly and disabled from the sales and use tax. . 59. Exemptions: Free Samples Provided by Pharmaceutical Manufacturers. AB 3836 Burton�, , Chapter 857. This measure exempts medicines furnished without charge by a pharmaceutical manufacturer or distributor to a licensed physician, , dentist or health facility for treatment or to an institution of higher education for instruction or research. 6U. . Optional Sales Chapter 1240. approval. Tax for the City of Lakeport and the City of Clearlake. SB 679�Thomns� This measure allows two cities to levy an additional sales tax rate subject to voter The bill allows Lakeport to levy a 1/4, 1/2, 3/4 or 1 percent rate for repair of city streets and roads if a majority of the city council and two-thirds of the voters in the city approve the tax. The bill allows Clearlake to levy a 1/4 or 1/2 percent rate for public safety services if a majority of the city council and two-thirds of the voters in the city approve the tax. 61. Proposition 172. Maintenance of Effort. AB 2788 �W. Brown). Chapter 886. This measure requires cities and counties to fund public safety at a base year level adjusted annually by a cost-of-living factor. The base year level of spending is the amount included in the 1992-93 budget for all public safety services from the General Fund of the City and from Proposition 172 revenues. The maintenance of effort requirement would commence with the 1994-95 fiscal year and would apply only to cities or counties that receive funding from the one-half cent sales tax imposed pursuant to Proposition 172. The bill contains the following specific requirements related to base funding. Base Funding (a) The base amount of funding is equal to the amount of the adopted budget for all combined � public safety services within the respective jurisdiction for the 1992-93 fiscal year. (b) The base amount of funding shall include all local general fund appropriations for operational expenses and . allocations from the Public Safety Augmentation Fund (Proposition 172 revenues). - LCC Wrap-Up Bulletin - 11/1/94 - 19 - Statutes of 1994 (c) The base amount of funding shall ng� include grant funds from any source, revenues for child- � support-related activities of the district attorney, asset forfeiture revenues, revenues appropriated for capital outlay expenditures, revenues appropriated for one-time expenditures, any amount attributable to a decrease in appropriations for retirement costs of workers' compensations costs that do not result in a change in benefit levels, revenue received pursuant to a contract to provide public safety services for another jurisdiction, revenue changes that result in differing level of appropriation because of changes in organization or reorganization of the local agency, reimbursements for homicide trials, or revenues derived to respond to a state of emergency. Maintenance of Effort (a) The base year maintenance of effort level shall be increased or decreased annually by the dollar difference in the allocation to the local agency from Proposition 172 revenues commencing with the 1994-95 fiscal year. In no event shall the base amount of funding required fall below the 1992-93 base year amount. (b) . If in any fiscal year, a city or county funds public safety services at less than the required maintenance of effort, the city or county sball have its Proposition 172 allocation reduced by the amount of underfunding. Any amount not allocated to a city as a result of not meeting the maintenance of effort shall. be allocated to the county. Any amount not allocated to a counry shall be allocated to the eligible cities in that county. . Exclusions (a) Any city or county whose legislative body has entered into a memorandum of understanding or other binding agreement. on or before the adoption of the budget for that fiscal year with all local public safety entities that relates to those entities' respective shares of the local agency's allocation of Proposition 172 revenues shall be ezempt from the maintenance of . effort provisions in this bill. (b) Any city that was not subject to a property tax shift in 1993-94 (these cities did not receive Proposition 172 revenues) shall be exempt from the maintenance of effort provisions. (c) Any city subject to a final arbitration decision to be rendered by December 31, 1994, relating to that city's determination of the amount� of funding for combined public safety services for ilie 1994-95 fiscal . year would determine their base amount for 1994-95 based on that determination. Miscellaneous Provisions (a) Cities or counties are required to provide the county auditor any information requested in order to make determinations required by this bill: The association of counfy auditors is planning, to issue �uidelines to counties and citie regarding the provisions of this bill. (b) Public safety services is defined in Section 30054 of the Government Code as "includes, but is not limited to, sheriffs, police, fire protection, county district attomeys, county corrections, LCC Wrap-Up Bulletin - 11/1/94 - 20 - Stafutes of 1994 and ocean lifeguards." Precise de�nitions of exclusions and base amount are difficult to detemune for this bill. The guidelines provided by_ the county auditor-controllers may assist cities in these determinations. 62. Exemption: Residential Care Facilities. SB 1496 (Mellol. Cha�er 701. This bill exempts meals provided at residential care facilities for the elderly from the sales and use tax. 63. Exemption: Carbon Dioadde. SB 1774 (Mad . Chapter b24. This measure provides a sales tax exemption for carbon dioxide used or employed in packing, shipping, or transporting fruits or vegetables for human consumption; and any non-returnable materials containing the carbon dioxide. 64. Credit Against State Sales Tax for Qaalified Property. SB 1811(Hurtt . Chapter 547. Legislation enacted in 1993 provided a personal or corporation income tax credit equal to six percent of the cost of manufacturing equipment purchased on or after January 1, 1994. This measure allows taxpayers entitled to a manufacturing equipment income ta�c credit to use the dollar amount of that credit as a refund of sales tax payments they have made. The bill specifies that it can be claimed no earlier than a claim could be made for an income tax credit and shall not exceed the amount of the credit that could have been used to offset income tax liability. The bill further specifies that any sales tax refund made shall be paid from the state's General Fund and that local sales tax revenues are not effected by the bill. LAFCO 65. Local Agency Services. AB 3350 lGotch, . Cha�ter 654. Urgencv. Fxisting law prohibits a city or district from providing new or extended services outside its jurisdiction without prior written approval of the local agency formation commission. Fxisting law permits the commission to authorize a city or district to provide new or extended services outside its jurisdiction but within its sphere of influence in anticipation of a later change of organization. These provisions do not apply to an extended service that a city or district was providing on January 1, 1993. This bill states that these provisions do not apply to an extended service that a city or district was providing on January 1, 1994. This bill also grants the commission the power to authorize a city or district to provide new or extended services outside its jurisdictional boundaries. This bill requires a request to the executive officer of the commission requesting amendments to, or reconsideration of, any resolution adopted by the commission to state the speci�c modification to the resolution being requested. - MISCELLANEOUS FISCAI: 66. Strategic Planning and Performance Review Act. AB 2711 V. Brown). Chapter 779. UrggncX. This measure requires the State Department of Finance to survey state agencies to determine which have strategic plans and to identify those agencies which should develop or update a strategic plan. Each department, so identified, shall develop a strategic plan and report to the Governor and the Joint LCC Wrap-Up Bulletin - 11/1/94 - 21 - Statutes of 1994 � �, Legislative Budget Committee by April 1, 1995 and each April 1 thereafter. 'I'he bill further requires the Department of Finance to develop a plan for conducting performance reviews for state agencies that have completed strategic plans pursuant to this article by March 1, 1996 and each March 1 thereafter. 67. Mandate Reimbursement. AB 2825 �Vasconcello�L Chapter 206. r enc . This bill appropriates $1,411,000 for reimbursement of the following mandates: (a) SB 2643 (Presley), Chapter 1088, Statutes of 1988, Search Warrant for AIDS. (b) . SB 89 (Torres), Chapter 1171, Statutes of 1989, Cancer Presumption for Peace Officers. 68. Delinquent Vehicle License Fee Collections. �$ 3032 (Bustamante� Chanter 1211. UrEencv. This bill modi�ies the procedure and collection authority of the Franchise Tax Board (FTB) for penalties, fees and interest due on unpaid vehicle license fees (VLF) and registration fees for leased vehicles. This bill makes the following changes to the �collection of delinquent registration fees, VLF, and parking penalties when the vehicle is a leased vehicle: . �a� � �b)l It releases a lien on a leased vehicle for failure to pay registration fees, VI.F, or parking fines if the lessor fully pays the registration fees and VL.F within 30 days-after F'TB has notified the lessor that these taxes have not been paid. The lessor would not be responsible for penalties if payment is made within the 30 days. � It provides that if a lessor fails to pay within 30 days, the lessor would. be solely liable for payment of registration fees and VLF and the lessor and lessee would be jointly liable for any . penalties or parking fines. (c) It gives FIB the authority to collect late penalties or parking fines directly from the� lessee. (d) It provides for the entering of a judgment against a lessee for failure to pay late fees or parking fines. This bill is intended to delineate the responsibilities of lessors and lessees for the payment of registration fees, vehicle license fees, parking fines, and late penalties. This delineation became an issue when the FIB took over responsibility for collecting delinquent registration fees and VLF from the DMV in an attempt to improve collection of VLF for cities and counties. Since leased vehicles rep.resent about 20 percent of new vehicles, efficient collection of taxes on these vehicles is important to maintain the tax base. � b9. State Subventions: City of Marina. AB 3177 (McPherson�, Chapter 137. UrgencX. This measure requires the State Controller to allocate vehicle license fee, off-highway vehicle license fees and gas tax subventions to the City of Marina based on the population that includes two residential subdivisions outside of that city's boundaries until the subdivisions are annexed to the city or a nongovernmental entity acquires them from the federal government. � LCC Wrap-Up Bulletin - 11/1/94 - 22 - Statutes of 1994 _1 � �. 70. State Agencies: Fees, License Fees, Fines and Penalties. AB 3413 (Conro�„l. ChaFter 784. This measure requires state agencies to develop and maintain an index of the names or titles of all fees, license fees, fines and penalties administered or collected by each agency. 71. State Budget lyrigger. SB 1230 Committee on Budg�t and Fiscal Reviewl. Chapter 135. This bill triggers automatic reductions in state General Fund appropriations to ensure sufficient revenues to repay the $4 billion loan in April 1996. The measure requires the State Controller to estimate the cash condition of the General Fund for 1994-95 on November 15, 1994 and to identify the amount of any shortfall in excess of $430 million. If there is a shortfall in excess of that amount, the Govemor would be required to propose legislation providing for General Fund expenditure reductions, revenue increases, or both, to offset the shortfall. If this proposed legislation or other legislation which addresses the shortfall is not enacted by February� 15, 1995, the Director of Finance would reduce all General Fund appropriations by a percentage necessary to offset the shortfall in the General Fund. Appropriations required for the Proposition 98 guarantee, homeowners' exemption reimbursement, local mandate reimbursement, general obligation debt service or any other provision of the California constitution would be excluded from this automatic reduction. The Department of Finance would be required to update cash flow statements for 1994-95 and 1995- 96 for the 1995 May Revision. There is an additional trigger on October 15, 1995 which would result in automatic reductions or legislation resulting in other expenditure reductions or revenue increases. 72. Local Government Omnibus Act of 1994. BS 1393 (Senate Committee on Local Governmentl. Cha�ter 939. en . Speci�cally, this bilL• a) Eliminates the requirement that the State Treasurer certify to the Legislature that each local government agency has filed a report with the California Debt Advisory Commission prior to issuing mortgage revenue bonds. b) Clarifes provisions of the Brown Act regarding meetings of the county supervisors related to the salaries of county employees. c) Provides that real estate management powers and procedures for counties also applies to lease-purchase agreements. In addition, it allows the current population of a county to be used in determining whether a county has a population of more than one million for purposes of selling or leasing real property to private firms. ' d) Allows any county board of supervisors to adopt an ordinance delegating its nuisance abatement duties to a hearing officer and to use a hearing board for nuisance abatement , proceedings. e) Repeals the requirement that a county treasurer file a daily investment report with the county auditor-controller. LCC Wrap-Up Bulletin - 11/1/94 - 23 - Statutes of 1994 � t� Allows a county board of supervisors, by resolution, to extend either on a permanent basis, or for a limited period, the date for the adoption of the final county budget to October 2. g) Allows county auditors to use the current date, rather than the original date, on a replacement warrant. . It also eliminates the se�en-day statutory minimum waiting period before county auditors can replace lost warrants. h) Cross-references the Community Services District Law to the Uniform Standby Charge Procedures Act to clarify that community services districts can charge unlimited standby and availability charges for water and sewer services if the agency follows certain public notice, hearing and protest procedwes. i) Allows county and city redevelopment agencies to mutually agree to transfer governance of non-contiguous territory in a project area from the county to�the city. _ j) Extends the deadline for the Department of Housing and Community Development to issue an annual report on the status of local housing elements from December.31, 1991 to,April 1, 1995. k) Sets 1993-94, rather than 1992-93, as the base year for computing the transfer of tr�c fines to the state for Fresno County. . 1) Deletes the requirement for a board of supervisors to appoint resource conservation board . members by ordinance, requires applicants for membership on the board to file requests with election officials, and requires five percent of the district's voters, not 50 voters, to convert an appointed board to an elected board. � m) Allows public utility districts located in Placei County to elect the members of their boazds of directors at large, by wards, or from wards. � n) Allows the Fallbrook Public Utility District to expand its board of directors by temporarily adding two members from the Fallbrook Sanitary District in order fo ease the consolidation of the two districts. o) Allows the City of Huntington Beach to file on an October -1 fiscal year basis for purposes of transportation planning spending and street and road spending. p) Requires that if the Orange County LAFCO orders the reorganization of the Capistrano Beach County Water District and the Capistrano Beach Sanitary District into a single district, the board of directors of the reorganized district must consist of the ten members who are serving on the board of directors of the two districts as of the date of reorganization. c� Repeals the requirement for a reclamation district to post a bond before the county treasurer can transfer money to the district's revolving fund. � r) Allows a reclamation district to conduct any election by an all-mailed ballot. LCC Wrap-Up Bulletin - 11/1/94 - 24 - - Statutes of 1994 � 73. Mountain House Community Services Distric� . BS 1397 (,johnston�, Chanter 1201. This bill requires the San Joaquin County Board of Supervisors to serve as the initial board of directors of the Mountain House Community Services District. It further requires San Joaquin County to provide the required funds for iiling the application for incorporation. Grants community services districts the po�ver of constructing streets in the district subject to the consent of the city or county in which the improvement is to be made. 74. Community Facilities District. SB 1540 (,Presley,�. Cha�ter 165. This measure authorizes a procedure for the transfer of a Mello-Roos community facilities district of a county to the jurisdiction of a city upon written agreement between those two agencies. As a condition of the transfer, the city council must have authority over the Mello-Roos district and the county aad its officers must be absolved of any liability for any action taken with regard to the district on or after the effective date of the transfer of jurisdiction. This bill was sponsored by the County of Riverside and supported by the City of Murrieta, but would authorize the officials of any county ,to transfer the governance of Mello-Roos districts from the county to a city if the city and county adopt a written agreement. 75. Tax Administration Housekeeping Bill. SB 1733 �Greene, . Chapter 903. This bill makes numerous technical changes to various tax .laws, including Sales & Use, Use Fuel, Cigarette & Tobacco, Hazardous Substances, and others administered by the State Board of Equalization. � 76. State Fiscal Analysis. SB 1837 ,Cam�bell). ChaAter 383. C'�rrent law requires the Department of Finance (DOF) to prepare the state budget and do a fiscal analysis of any legislative proposals contained therein. The Legislative Anaiyst (LAO) is required to provide a fiscal analysis to the Legislature of the annual state budget and other legislative proposals. This measure would require both the DOF and the LAO use assumptions that estimate the probable behavioral responses of taxpayers, businesses and other citizens to the proposed changes for any proposed state tax law changes with an estimated fiscal impact in excess of $10 million. The DOF and LAO would be exempt from these requirements in cases where the requirements are unreasonable. This bill would remain in effect until January 1, 2000. 77.� Accounts Receivable. SB 1838 (Campbell). Cha ten r 1224. This bill would authorize a city or county to assign, sell or transfer, part or all of its accounts receivable to a private debt collector or private persons or entities, provided the debtor has been notified in writing of the proposed assignment, transfer, or sale. The bill would prohibit the transfer or sale of any debt that has been contested. This bill would not apply to claims for reimbursement for certain public assistance programs. In addition, the bill.would require each state agency to submit an annual report containing specified information on its accounts receivable collection system. The provisions of the bill would be repealed on January 1, 1999. LCC Wrap-Up Bulletin - 11/1/94 - 25 - Statutes of 1994 V. H[AZARDOUS MATERIALS, IN1'EGRATED WASTE MANAGEMENT, NATURAL RESOURCES, ENVIRONMENTAL QUALITY . AIR QUAIITY 78. Air Pollution. Interbasin Stationary Sources. SB 1416 (Rogers, . Chapter 539. �acisting law provides that increases in stationary air pollution emissions in an air district may be offset by reductions credited to a stationary source located in another district in the same air basin. This bill allows those offsets as to stationary sources in different air basins if emissions are transported from an upwind to a downwind district, as specified. The bill further requires that any offset credited pursuant to those provisions be approved by a resolution adopted by the governing board of each district. 79. Air Pollution. Gmss Polluters. SB 1336 (Leonard?. ChaFter 538. Existing law authorizes air districts to establish programs using remote sensors or other methods to identi�y gross polluters and other high emitting vehicles and to provide 8nancial incentives to encourage the repair or scrapping of those vehicles as a method of reducing mobile source emissions. This bill would, under specified conditions, require the district to establish a process to approve or disapprove, within 90 days of receiving a request from an employer, an employer established program that produces emission reductions equivalent to those that would be achieved under a district rule or regulation by identifying gross polluters or other high emitting velucles whose emissions could be reduced .by repair. 80. Air Pollution. Market Based Incentive Programs. SB 1000 (Dills). Cha te� r 734. Urgencv. Fxisting law authorizes an air district to adopt a market based incentive program and prescribes civil penalties for violation of specific air pollution control laws, rules, regulations, and permits. This bill makes a specified affirmative defense to the imposition of a civil penalty unavailable to a.person who is determined to have violated an annual facility emissions cap established pursuant to a market - � based incentive program. � 81. Air Pollution. AB 3242 (A iar . Ch�pter 430. Existing law requires air districts with serious, severe, or extreme air pollution to endeavor .to provide employers and businesses with the : opporiunity to develop and demonstrate alternative strategies to achieve equivalent emission reductions. This bill .requires the State Air Resources. Board to develop, and periodically update, guidelines to tie used by districts to �establish equivalent emission reduction targets for those � alternative strategies. � � 82. - Air Pollution Districts. Political Reform Act. AB 3214 Prinele, : Cha tev r 747. This measure amends the-Political Reform Act of 1974 to apply certain of its provisions.to former board members, . o�cers, or employees of any air, pollution control district or any air quality management district. 83. Air Pollution. Closed Military Bases. AB 3204 (Cannella). Cha.�ter 1162: This bill prescribes � procedures by which the federal government or a base reuse authority, as specified, may apply to an air pollution control district or air quality management district for registration, certification, or other approval of any emission reductions' related to .the terniination or reduction of operations at a military base. The bill requires a district to quantify and bank the emission reductions for a closing or� realigning military base within 180 days of a request by a base reuse authority. This bill LCC Wrap-Up Bulletin - 11/1/94 - 26 - Statutes of 1994 � requires air district plans to consider reuse plans for closing military bases, in developing its plans to achieve and maintain ambient air quality standards. 84. Air Pollution. AB 3119�Ouackenbush). ChaFter 727. Among other provisions, this bill authorizes an air pollution district, when it identifies terms and conditions which are not federally enforceable, to further identify those terms and conditions which are not federally enforceable, but which have been adopted by the district to meet federal requirements. 85. Air Pollution. AB 2757 �Woodruff�, Cha�ter 512. Existing law requires the State Air Resources Board to identify air basins, or subregions of air basins, in wluch transported air pollutants from upwind areas cause or contribute to a violation of the state's ambient air quality standard for ozone and to identify the district of origin of the transported air pollutants. This bill requires the State Board, in assessing that relative contribution, to determine whether the contribution level is overwhelming, significant, inconsequential, or some combination thereof. 86. Air Pollution. AB 2751 (Hone,ycutt).. Chapter 189. This bill requires the State Air Resources Control Board, by December 31, 1995, to prepare and submit a report to the Governor and Legislature on the requirements and state law for preparation and submittal of air pollution district plans to achieve state ambient air quality standards, and similar requirements established under federal law for the achievement of federal standards. The bill requires the report to identify inconsistencies in state and federal deadlines for the preparation and submittal of plans, any � duplication or overlap in the state and federal planning processes, and related data collection and inventory requirements. 87. Air Pollution. Event Centers. AB 2581 (Prin l�e„ .�pter 425. This bill prohibits a district or any regional or local agency from imposing specified transportation control requirements upon an event center, which achieves a specified average vehicle ridership or reduction in vehicle trips or miles - traveled. It permits the imposition upon an event center that has achieved that reduction to implement alternative strategies approved by the district, regional, or local agency, that achieve equivalent emission reductions. The bill pernuts a district, regional, or local agency to impose requirements on any event center for specified purposes without pemutting that event center to implement alternative strategies to achieve equivalent emissions reductions. An event center means a community center, activity center, race track, theme park, amusement park, fairground, . or other building or collection of buildings used exclusively or primarily for the holding of.specified types of events. 88. Air Pollution. Vehicles. AB 2358 �Sher). Cha tep r 924. UrQe�. Existing law requires agencies responsible for the preparation of regional transportation improvement programs to develop and biennially update a congestion management program for every county that includes an urbanized area. This bill requires the use of specified multimodal system performance measures, requires coordination of trip reduction responsibilities by an agency and an air pollution district, and makes related changes. The bill requires the Department of Transportation to request the Federal Highway Administration to accept the congestion management program in lieu of a new congestion management system otherwise required by federal law: This bill also requires an air district to encourage or require the use of ridesharing, vanpooling, flexible work hours, or other measures to _ reduce the number and length of vehicle trips. This bill also repeals the provisions in existing law which requires specified state agencies to establish a technical advisory group to develop model LCC Wrap-Up Bulletin - 11/1/94 - 27 - Statutes of 1994 guidelines and procedures for traffic control measures affecting heavy duty trucks. The measure also makes a number of other changes regarding procedures or regulations designed to reduce vehicle trips or miles traveled. � 89. Air Pollution. � AB 717 (Fer,guson). Chapter 247. This bill authorizes an air district to establish programs to assist the public, govemment agencies, and businesses in complying with district regulations. The bill authorizes the districts for that purpose, to provide to any person any factual nonconfidential information regarding any product or service that complies with district regulations and regarding associated. air emissions. The bill prohibits the district from making any recommendation regarding a product or service. 90. San Joaquin Valley Unified Air Pollution Control District. AB 2492 (CostaL Chapter 92. F.xisting law provides that the San Joaquin Valley Air Quality Management District sha11 be established, unless by July 1, 1992, eight counties in the San Joaquin region form a unified or regional air pollution control district meeting specified criteria. This bill deletes the provision regarding provisions relating to forming a regional district, specifies that the San Joaquin Valley Unified Air Pollution Control District is required to meet those criteria and deletes obsolete provisions regarding the district. _ � � 91. San Joaquin Valley Unified Air Pollution Contrnl District. SB 1267 (WTan�, Ch�ter 915. This �bill makes a number of technical changes to statutory provisions regarding the San Joaquin Valley Unified Air Pollution Control District. - 92. Air Pollution. City Representation. AB 315 (I�- auserl. ChaRter 3. Urge�. This bill makes a number of, technical changes to last year's AB 75 (Chapter 961, Statutes of 1993). 93. Air Pollution. City Representation. AB 2720 Bornstein�. ChaFter 260. UrgencX. This bill establishes a process by wfiich a county, and the cities within that county, can be excluded froni the requirements of last year's AB 75 (Chapter 961, Statutes of 1993) that requires the inclusion of city representatives on the �governing boards of most single or county air pollution control districts that do not already include city members. Generally, for a county to be excluded from t�e� provisions of AB 75, all the cities within ihe district must agree that they wish to be excluded. The measure also clarifies existing law regarding the funding of air pollution districts and provides that cities and counties shall only contribute general fund revenue to the air district budgets if the district's operating budget is not covered by grants, subventions, permit fees, penalties, or vehicle license fee surcharges, The measure also clarifies that an a.ir district may contract with the county to provide administrative, legal � and other support services. The League has prepared and distributed a detailed summary of the key provisions of AB' 2720. Additional copies are available from the League's Sacramento Office.. � � � 94. Air District Budget Review. AB 1853 ,Polanco). Cha te�. This bill requires that, until January 1, 2000, air districts with an annual budget of $50. million �or more, as of January 1, 1994, to submit a proposed budget to the State Legislature and the State Air Resources Board. The bill, until January 1, 2000; also requires those districts to prepare and submit to the state board a three yeaz budget forecast. The bill also limits the fees collected by the South Coast AQMD from stationary. sources of emissions to the level� of�expenditure in the 1993 fiscal year, adjusted for. increases in the California Consurimer Price Index. LCC Wrap-Up Bulletin - 11/1/94 - 28 - Statutes of 1994 � r. _ � < 95. Air Pollution. South Coast Air Quality Management Distric� SB 455 (Preslev . ChaFter 1179. This bill requires the South Coast Air Quality Management District to comply with specified requirements in the unplementation of its market based incentive program. . 96. .� Air Pollution. � South Coast Air Quality Management District. SB 1403 (Lewis�' Cha ten r 335. Existing law prohibits the South Coast Air Quality Management District from requiring any employer with fewer than 100 employees at a single worksite to submit a trip reduction plan. This plan prohibits the South Coast District from requiring any local agency to implement the trip reduction plan requirement that the South Coast District itself is prohibited from enacting, unless required to do so by the Federal Clean Air Act. The bill also prohibits the South Coast District from requiring any employer to charge its employees for parking, except as specified. CALIFORNIA ENVIRONMENTAL QUALITY AGT 97. Environmental Quality. AB 314 Sher). Cha�ter 1294. Urge, ncv. Last year, a number of modifications to the California Environmental Quality Act were enacted pursuant to AB 1888 (Chap. 1130/93) and SB 919 (Chap. 1131/93). This bill makes a number of changes to those provisions. Cities are encouraged to review this bill in its entirety. . Last year's legislation provides that when an environmental document is prepared for a lead agency by a private. consultant, the contract for preparation be executed within 45 days from when a permit application is completed. AB 314 requires that the contract for preparation of an environmental document be executed within 45 days of a lead agency's decision to prepare the document. In addition, cities are prohibited from altering this contractual timeline unless the applicant agrees to it and "compelling circumstances justify additional time". . Last year's bills authorized preparation of a master environmental impact report (MEIR) for projects including general plans and development agreements, and authorized elimination of environmental review for specific projects when their impacts have been addressed in an MEIR. AB 314 restricts the use of such MEIRs to where the city can identify specific subsequent projects. AB 314 also requires that cities provide that mitigation measures are "fully enforceable". In addition, AB 14 requires both parties in a CEQA lawsuit to file statements of issues in order to focus and expedite judicial proceedings and establishes deadlines for briefs and hearings for CEQA lawsuits. AB 314 tolls the commencement of the 30-day statute of limitations provisions where a person requests a copy of the notice of deternunation. 98. Environmental Quality. SB 749 (Thom,pson�. Chanter 1230. �,Trgen . SB 749 contains a number of modest amendments which should provide more clarity for cities in implementing CEQA. One of B 74 's most important provisions defines project as an activity which may cause either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment. LCC Wrap-Up Bulletin - 11/1/94 - 29 - Statutes of 1994 After preparation of a mitigated negative declaration, the bill authorizes the imposition by the lead agency of mitigation measures which are equivalent or more effective than the previously identified mitigation measures. . SB 749 deletes� the requirements that an EIR must set forth the relationship between local short- term uses of the environment and long-term productivity, and any significant irreversible environmental changes caused by the project. It provides specificity of what materials the record of proceedings includes. � It directs the Governor's Office of Planning and Research to revise the guidelines to develop the concept of using a focused EIR and to revise the definition of "project" to reflect the new definition in the bill. It exempts housing projects of up to 45 units, affordable to low- and moderate-income households and which are consistent with the gener.al plan, applicable zoning, are located on less than two acres and meet other specified criteria. 99. Envirnnmental Quality. Airports. SB 1453 (Rogers). Cha ten r 43g. This bill requues a lead agency to utilize the Airport Land Use Planning Handbook and other documents as technical resources relative to safety and noise problems in preparing an environmental impact report (EIR) for a project located within certain boundaries of an airport. . The bill also prohibits the lead agency from adopting a negative declaration for such a,project, unless the lead agency considers whether the project will result in a safety hazard or noise problem. 100. Environmental Quality. SB 1971 Bergesc�n). Cha�ter 1229. Fxisting law authorizes a lead agency to adopt a master environmental impact report (MEIR) for specified projects including general plans, specific plans and any project which will be carried out by smaller projects in phases. . This bill authorize the use of a master environmental impact report for a plan proposed by a local agency for the reuse of a federal military base or reservation that has been closed or that is proposed for closure. ' 101. Environmental Review Fees. Exceptions. AB 3529 Hauserl. Cha ten r 433. en . Existing law requires the payment of a filing fee by project . applicants and public agencies subject to the California Environmental Quality Act to defray the costs to the Department of Fish and Game of managing and protecting fish and wildlife trust resources. � This bill excepts from those fees any project that is undertaken by the department, the costs of �which are payable from specified sources, and that is implemented through a contract with a nonprofit entity or a local government agency. 102. Envirnnmental Impact Reports and Statements. AB 3774 (V. Brown�. ChaFter 842. This bill authorizes a lead agency pursuant to the California Environmental Quality Act to utilize an environmental impact statement prepared pursuant to federal law as the environmental impact report for a federal military base reuse plan. The bill establishes a procedure for the use of such LCC Wrap-Up Bulletin - 11/1/94 - 30 - � Statutes of 1994 j / documents. 103. Environmental Impact Reports and Statements. Military Base Reuse Plans. SB 354 ,Av�,�ala). Chapter 862. This bill is identical to AB 3774. COASTAL 104. Local Coastal Plans. AB 3427 ,�ommittee on Natural Resources�, Chapter 525. This measure specifies a procedure for the designation and approval of amendments to local coastal plans or port . master plans that are de minimis, as specified. Existing law prescribes the grounds for an appeal to the Coastal Commission of an action taken by a local government on a coastal development permit, and provides that any action taken by a local government shall become final after the tenth working day unless an appeal is filed within that time. This bill clari�ies that procedure and requires a local government taking an action on a coastal development permit to send notification of its final action by certified mail to the California Coastal Commission within seven calendar days from the date of taking action. It specifies that any such action shall become �ina1 after the seventh working day of the date of receipt by the Commission of the local governmenYs notice of final action. 105. Coastal Sanctuary. AB 2444 ,' onnell�. Cha�ter 970. Existing law creates, until January 1, 2003, the California Coastal Sanctuary which includes state waters in a variety of places along the . California coast. Existing law also prohibits any state agency from entering into any new lease for extraction of oil or gas from the sanctuary unless a number of findings are made. This bill extends the sanctuary to include all state waters subject to tidal influence, except for water subject to a lease for the extraction of oil or gas in effect in January 1, 1995, unless the lease is thereafter deeded or otherwise reverts to the State. The bill deletes other provisions which impose similar restrictions on leasing in state waters along certain parts of the coast. The bill makes a number of other changes to state law regarding leases or oil and gas extraction along the California coast. Existing law authorizes the State Lands Commission to modify the boundary of existing leases to encompass all of the field partially contained within the existing lease subject to specified conditions. This bill requires, as an additional condition, that the Commission �nd that the number and size of existing offshore platforms will not increase, except as specified, that the boundary adjustment will not require the construction or modification of a refinery in this state, except as specified, and the boundary adjustment represents the environmentally least damaging feasible alternative for the extraction and production of affected resources. 106. Dredged Materials. AB 1106 ,Lee). Chapter 110. U�encv. Under existing law, the State Coastal Conservancy serves as a repository for lands whose reservation is required to meet the policies and objectives of the California Coastal Act or a certified local coastal plan. 1'his bill also authorizes the Conservancy to serve as a repository for lands required to meet the policies and objectives of the San Francisco Bay Plan as implemented by the San Francisco Bay Conservation and Development Commission. Under existing law certain bond proceeds are deposited in the State Coastal Conservancy Fund of 1984 for use by the State Coastal Conservancy for urban waterfront restoration for capital outlay or local assistance. This bill specifies that those funds shall be available for capital outlay or local assistance without regard to specified allocations. LCC Wrap-Up Bulletin - 11/1/94 - 31 - Statutes of 1994 107. State Estuaries. Management Plans. AB 640 (Seastrandl. Chapter 52. This bill designates Morro Bay and San Diego Bay as a State Estuary. It desigaates Morro Bay and its watershed as a State Estuary Planning Area and requires the California Environmental Protection Agency to convene the Morro Bay Management Plan Task Force to develop a management plan for Morro Bay and its watershed. On and after January 1, 1997,. the Task Force would be required on an ongoing basis, to make recommendations to the agency regarding the need for any revisions in the plan. The Task Force terminates as of June 30,� 2007. ENERGY 108. Energy Grants and Loans. SB 1922 Lewis)., Chanter 553. This measure makes a number of technical and policy changes to e�cisting law that governs grant and loan programs operated by the California Energy Commission. Among other provisions, the measure authorizes the Commission to charge a fee for specified energ,y conservation assistance it provides to eligible institutions. Funds used for the payment of those services shall be as a result of energy savings. The bill provides that if anticipated savings do not result from the project, the repayment of the fees shall be forgiven. Under existing law, the Local Jurisdiction Energy Assistance Account provides cities and counties with financial assistance for training and management related to ener� resources and loans for. energ�y projects. This bill authorizes the Commission to charge a fee for those services provided that the funds used for the payment of the services has been made available as a result of the realizadon of energy savings. If anticipated savings do not result from the project, the repayment of the fees shall be forgiven. � 109. . Solar Energy Restrictions. SB 1553 (�uist). Chanter 382. Fxisting law provides that any covenant, restriction, or condition with respect to real property that effectively prohibits or restricts the installation or use of solar energy systems is void and unenforceable. This provision does not apply _ to reasonable restrictions on solar energy systems which are defined, in part, as restrictions that do not significantly increase the cost of the system or significantly decrease its efficiency or specified performance,. This bill, for the purposes of these provisions, defines the term "significantly" to mean amounts exceeding certain percentage changes with respect to the cost of efficiency of the solar . energy system and establishes certain requirements for solar energy systems in conjunction with this - definition. HAZARDOUS SUBSTANCES 110. Hazardous Waste. Violations. SB 1899 (Peace, . Cha�ter 1217. This measure makes a number of changes to existing law regarding violations of California's hazardous substances control laws. 111. Hazardous Waste. Superfund Pilot Program. SB 923 (�alderon�, Chapter 435. This measure enacts the California Expedited Remedial Action Reform Act of 1994. h establishes a pilot _ program for cleaning up California Superfund _ sites. The bill _ provides that not more than 30 Superfund sites may be . designated for the pilot program. There" is extensive local government involvement in selecting the site and determining the planned use of the site. Once a site has been selected, the. State Department of Toxic Substances Control shall identify and work with responsible parties, local government, and members of the public, to develop a site remediation plan. The Department shall notify the city or county in which the site is located that LCC Wrap-Up Bulletin - 11/1/94 - 32 - Statutes of 1994 � _ y a response action has been initiated. It shall provide the city or county with notice date or place of a11 public hearings and meetings regarding the response plan, shall provide the city or county with regular response action reports, and shall involve the city or county in any deliberation concerning land � use controls or other actions. Land use controls, as they relate to this measure, means recorded instruments restricting the present and future uses of the site, including, but not limited to, easements, covenants, restrictions, or any combination thereof. Land use controls shall run with the land in perpetuity. The Department sha11 also request the city or county to provide it with the jurisdiction's assessment of the planned use of the site, including current and future zoning and general plan designations and the cit}+'s or count}r's determ.ination as to the appropriate planned use designation of the site. The city's or county's determination as to the appropriate land use designation shall be presumed by the Department to be the appropriate planned use for the site, and there shall be a rebuttable presumption of validity of the determination by the city or county. Planned use for the site is defined as the reasonably expected future land uses based upon a variety of factors, including the land use history of the site and surrounding property, land use designations at the site and surrounding properties, the potential for economic development, current plans for the site by the property owner or owners, effected community comments on the proposals for the use of the site. The remediation action plan shall be developed and determined consistent with the planned use of the site. The measure includes a number of other provisions including mediation and involvement of responsible parties and the public, in developing the remediation action plan. 112. Hazardous Materials. Nonprofit Corporations. AB 3540 (Andal, . Chapter 619. Existing law requires corporations which use, generate, store, or conduct business related to hazardous materials to pay an annual fee based upon the number of employees in the state. The fee is deposited in the Hazardous Waste � Control Account in the General Fund. 1'his measure exempts from those provisions specified nonprofit corporations primarily engaged in the provision of residential, social, and personal care for children, the aged, and special categories of persons with some limits on their ability for self-care. � 113. Hazardous Materials. Emergency Response. AB 3404 �,Cannella). Cha,pter 1214. � This 6i11 provides that the Office of Emergency Services is the central point in state government for the emergency reporting of spills, unauthorized releases, or accidental releases of hazardous materials. The bill makes conforming changes to reporting requirements for pipeline ruptures, explosions, or fires; oil discharges, leaks from above ground petroleum tanks, releases from underground storage tanks, releases on highways, and hazardous substances and sewage releases into water. Relative to hazardous materials releases, the Office of Emergency Services sha11 coordinate notification of appropriate state and local administering agencies that may be required to respond to the spills. This section, however, does not relieve a person who is responsible for a spill, unauthorized release or other accidental release from the duty to make an emergency notification to a local agency or the 911 emergency system, under any other statute or regulation. � 114. Hazardous Materials. Emergency Response. AB 3263 (Campbell)TChapter 618. Existing law requires an administering agency to make a preliminary determination whether there is a significant likelihood that a handler's use of an acutely hazardous material may pose an acutely hazardous material risk. If the administering agency detemunes that there is a significant likelihood of risk, the. handler is required to prepare and submit a risk management and prevention program. This LCC Wrap-Up Bulletin - 11/1/94 - 33 - Statutes of 1994 bill requires the State Office of Emergency Services to obtain and maintain state delegation of the Federal Accidental Release Prevention Program established pursuant to specified provisions of the Clean Air Act. The bill makes a number of other changes to existing law regarding acutely hazardous materials and risk management and prevention plans. 115. Hazardous Materials. Oil Recycling. �B 2762 (Sher1. Cha�er 1147. This bill makes a number of technical changes to the California Oil Recycling Enhancement Act. 116. Hazardous Waste. Enforcement. AB 3082 (A1Rgrt, . Chapter 1151. This measure makes a number of changes to existing law dealing with permit and enforcement of hazardous waste storage treatment and transfer and disposal facilities. It also makes several changes, relative to San Diego County, to last year's SB 1082 (Calderon, Chapter 418, Statutes of 1993) which establishes a unified hazardous waste and hazardous materials management regulatory program. Specifically, it authorizes a city or local agency that meets specified requirements to apply to the Secretary of Environmental Affairs to be a certified, unified program agency. This measure makes a number of . changes to delegation of that authority in San Diego. � � 117. Hazardous Waste. 'h�ansportation. AB 1448,�Rainev). Cha�ter 1194. This measure defines the _ terms "consolidation site" and "remote site" as they relate to the transportation of hazardous wastes. The bill deems hazardous waste initially collected at a remote site and subsequently transported to a consolidation site, to have been generated at the consolidation site. It allows a generator to hold hazardous waste at the remote site where the waste is initially collected, or at another remote site operated by the generator, if the waste is a non-RCRA hazardous waste or not subject to RCRA, if specified requirements are met. The bill makes additional related changes. 118. Hazardous Materials. AB 3537 (Sher, . ChaFter 1112. Among other provisions, this bill requires the Secretary for Environmental Protection to examine and adopt information technology standards by which public agencies and the regulated community may use computers and other information technology to comply with environmental data reporting requirements. The bill requires the Secretary to establish a standardized electronic format and protocol for the exchange of electronic data for the purposes of ineeting specified requirements. 119. . Hazardous Waste Facilities. �B _�57 (Camnbell . Cha�ter 1291. This bill makes a number of changes to existing law, the Wright-Polanco-Lempert Hazardous Waste Treatment Permit Reform Act of 1992. These changes include exemption of certain storage facilities from permit requirements. 120. Hazardous Waste Enforcement. Unified Program. �B 1123 (Calderon). Ch�ter 65. �.Trgency: This measure makes a number of changes to existing, law established under last year's SB 1082 (Calderon, Chapter 418, Statutes of 1993) that establishes the L1ni�ied Hazardous Waste and Hazardous Materials Management �Regulatory Program. " 121. Hazardous Substances. Property Owner Liability. � AB 3124 (Richter). Chapter 1051. Existing law imposes liability foi the release of hazardous substances and, for that purpose, defines the terms "owner" and "property" with regard to a presumption against liability of an owner that is the site of a hazardous substance release. This bill, in addition, for property acquired on or after January 1, 1995, creates a rebuttal presumption affecting the burden of producing evidence, that, if an LCC Wrap-Up Bulletin - 11/1/94 - 34 - Statutes of 1994 , �.: .z � : ,�. � environmental assessment of property discovers no evidence of a hazardous substance release, the owner .of that property that is either a special district or an entity or an organization that holds a conservation easement pursuant to specified provisions, is not a liable person or responsible party. It would prohibit an action under existing law to recover response costs for hazardous substances released against such an owner, except as specified. 122. Hazardous Substances, Liability. SB 1828 (Cam b�ell). Cha�ter 442. This bill e�cludes from the definition of "responsible party" or "liable person" for the purposes of existing law relative to action under the Federal Comprehensive Response Compensation and Liability Act of 1980, a person who has developed or implemented innovative, investigative or innovative remedial technology with regard to a release site, if the use of the technology has been approved by the Department of Toxic Substances Control for the release site and the person would not otherwise be a responsible party or liable person. INTEGRATED WASTE MANAGEMENT 123. Local Government Technical Advisory Committee. SB 1894 Leslie�, Chapter 625. This bill extends . the sunset date for the Local Government Technical Advisory Committee to the California . Integrated Waste Management Board until either January 1, 1999, or until the operative date of any amendments to the Galifornia lntegrated Waste Management Act of 1989 (AB 939) that provide for the appointment to the Waste .Management Board of a representative of local government, whichever occurs earlier. The measure also makes a number of technical changes to the Local Government Technical Advisory Committee, including requiring that appointments reflect the demographic diversity of the state relative to urban, suburban, and rural areas and deleting provisions providing for reimbursement of attendance to the meetings. The bill also revises the duties of the committee to require the committee to provide any advice which may be necessary to assist the board in carrying out the requirements of the California lntegrated Waste Management Act. 124. AB 939, Solid Waste Planning and Diversion Requirements. AB 688 �Sher . Chapter 1227. This measure makes a number of changes to the California lntegrated Waste Management Act of 1989 (AB 939). The measure includes the following major provisions. (1) The measure redefines the definition of "rural city" or "rural county" as it relates to the reduction and diversion goals for which a"rural city" or "rural county" is eligible. In general, the changes � are meant to provide greater flexibility for being granted these diversion � reductions. Nothing in AB 6gg shall affect any reduction already granted to a rural city or rural county by the Waste Board prior to September 1, 1994. The measure also makes a number of changes to the provisions that authorize the Waste Board to grant future diversion reductions to rural cities, counties, or regional agencies. It also authorizes the Waste Board to grant a two year time extension from the diversion requirements to a rural city, county, or regional agency if a number of specific conditions are met. (2) The measure separates out the diversion credit that is provided for biomass conversion from the credit that is provided for.transformation. Biomass conversion is defined to mean the controlled combustion, when separated from other solid waste and used for producing electricity or heat, of the following materials: agricultural crop residues; bark, lawn, yard and LCC Wrap-Up Bulletin - 11/1/94 - 35 - Statutes of 1994 garden clippings; leave and tree and brush prunings; wood, wood chips and wood wastes. (3) The measure provides that, with respect to the formation of a regional agency for the purposes of ineasuring progress towards the AB 939 diversion goals, if all the member jurisdictions of the regional agency are rural cities or rural counties (as defined in the bill), the regional agency may be eligible for a reduction in the diversion requirements of AB 939. (4) The measure authorizes the California lntegrated Waste Management Board to make adjustments to the base year amounts of solid waste generated by a city, county or regional agency if achievement of the diversion requirements of AB 939 is not feasible due to the fact that a medical waste treatinent facility wluch accepts untreated medical wastes generated outside of the jurisdiction and when treated, the medical waste produces solid waste. (5) The measure authorizes the Waste Boazd to conditionally approve (in addition to approve or disapprove) a source reduction recycling element, siting element, or .a household hazardous waste element, or countywide integrated waste management plans. (6) In addition, the measure. provides that the California lntegrated Waste Management Boazd shall not impose any penalty against a city or county if the city's or county's source reduction recycling element, household hazardous waste element or countywide integrated waste management plan is in substantial compliance with requirements of AB 939, and if those aspects of the plan or element which are not in compliance do not directly or substantially affect the achievement of the diversion requirements of AB 939. In determining whether a city, county, or iegional agency.is in substantial compliance, the Board shall consider whether '� the jurisdiction has made a good faith effort to implement all reasonable and feasible ` measures to comply. � (7) Any monies collected from . penalties imposed by failure to prepare an adequate plan, or implement the plan, shall be used, to the extent possible, to assist local governments in � implementing AB 939. . � (8) When reviewing whether or not a jurisdiction has implemented its source reduction recycling ' element, including whether it has achieved the 25 and 50 percent diversion requirements, ', existing law requires the California lntegrated Waste Management Board to consider whether ; or not a jurisdiction has made a good faith effort to implement its source reduction recycling {� element or household hazardous waste element. This measure defines "good faith effort" as _� meaning all reasonable and feasible efforts by a city, county, or regional agency to implement ' those programs or activities identified in its source reduction recycling element or household = hazardous waste element or alternative programs or activities that�achieve the same or similar . r.esults. � � . (9) ,; The measure also makes a number of technical changes to ezisting law regarding rigid plastic packaging containers and asbestos containing waste. 125. 'AB 939. Newly Incorporated Cities. 1�me Extensions. AB 2938 (A iar . Chapter 1150. Urgencv: 1'His measure changes the criteria under which the California lntegrated Waste Management Board can authorize time extensions for jurisdictions that have incorporated after January 1, 1991, relative . LCC Wrap-Up Bulletin - 11/1/94 - 36 - Statutes of 1994 �� +.�.., _ . �. /,: ...� . -�. ..--.�:y ..�. , ..-..: 1 . to compliance with AB 939. Specifically, the bill provides that a jurisdiction must submit to the Board within 18 months of t�ie date the city has incorporated or 18 months of the effective date of this bill, whichever is later, its source reduction recycling element, household hazardous waste element, and nondisposable facility element. In addition, the measure authorizes the Board to grant a time extension to those cities for achieving the 25 and 50 percent diversion goals. 126. Recycling Market Development. SB 1021 (Thompsonl., Chanter 43�. Existing law includes a variety of provisions to enhance markets for recycled material including designation of recycling market development zones. This bill deiines, for the purposes of these provisions, a"recycling based business" as any business that increases market demand for, or adds value to, post consumer waste material or secondary waste material. 127. AB 2020 Prngram. Supermarket Sites. �B 64 ,McCorquodale�, Cha tev r 531. r n. 1'his ' measure revises the definition of supermarket site, as it relates to various provisions of the bottle bill, to include locations within, or outside and immediately adjacent to the entrance of, a supermarket. 128. AB 2020 Program. Pacific Beach Pilot Prngram. AB 3752 Al,�ert .Z Chapter 620. In addition to a number of technical provisions, this measure establishes a pilot program in the San Diego area. The Pacific Beach Pilot Mobile Recycling Program, which sunsets in January 1, 1997, authorizes the Department of Conservation to establish a special mobile recycling program in the Pacific Beach area of San Diego County. 129. Solid Waste Facilities. Open Space. AB 2632 ,Solis). Ch�pter 1295. This measure puts into law a number of the provisions included in the conditional use permit for the Puente Hills Land�ll, located in Los Angeles County. 130. Solid Waste. Illegal Dumping. SB 1450 (Hu,ghes, . Ch�ter 737. This bill increases the penalties for illegal dumping of commercial quantities of solid waste: The bill makes dumping of waste matter in commercial quantities, as defined, a misdemeanor punishable by imprisonment in a county jail for not more than 6 months, and by a trebled fine. UNDERGROUND STORAGE TANKS 131. Petroleum Underground Storage Tanks. SB 1764 (Thom�son .1 Cha�ter 1191. Existing law requires owners and operators of petroleum underground storage tanks to establish and maintain evidence of financial responsibility for taking corrective action in compensating third parties for bodily injury and property damage arising from the operation of an underground storage tank. Existing law requires the level of responsibility to be at least $10,000 per occurrence and at least $10,000 annual aggregate coverage for taking cooperative action. Existing law requires every owner of an underground storage tank to pay a storage fee of 6 mills for each gallon of petroleum placed in an underground tank. The fees are required to be deposited in the underground storage tank cleanup fund, and the money may be expended by the State Water Resources Control Board for various purposes including the payment of claims to aid owners and operators of tanks who take corrective action to cleanup unauthorized releases. This bill provides that owners and operators eligible for payment of a claim from the fund, for a. LCC Wrap-Up Bulletin - 11/1/94 - 37 - Statutes of 1994 tank which is not used for agricultural purposes, shall be deemed in compliance with the financial responsibility requirement. The bill requires a claimant who is a small business, a business that meets certain requirements, or a city, county, district, or nonprofit organization to obtain a level of financial responsibility of at.least $5,000 for each occurrence and at least $5,000 annual coverage for taking corrective action. The bill requires that when corrective action is required the owner, operator, or responsible party shall prepare a work plan which details the specific actions required. to be taken to achieve the required conective action. The bill requires the Water Resources Control Board to convene an advisory committee by February 1, 1995 to conduct a review of the Board's cleanup standards for corrective action and requires the Board to adopt regulations by March 1,=1997 for local agencies and regional boards to follow in requiring corrective actions. Under existing law, the State Water Resources Control Board may, in specified circumstances, pay a claim for reimbursement of the cost of corrective action or for compensating third parties for damages which exceed the level of required financial responsibility, but in an amount that does not . exceed $990,000 for each occurrence. This bill raises that limit to $1 million for each occurrence. The bill makes a number of other changes to existing law relating to payment for cleanup claims. 132. Petroleums, Underground Storage Tanks. AB 3673 (Hauser�. Cha ten r 930. Existing law, the Barry Keene Underground Storage Tank Cleanup Trust Fund Act of 1989, requires any owner or operator of an underground storage tank containing petroleum or any other responsible party, to take corrective action to an unauthorized release in compliance with specified regulations adopted by the State Water Resources Control Board. This bill requires the Board, in adopting those regulations, to develop conective action requirements for health hazards. and protection of the environment, based on the severity of the health hazards and other specified factors. � 133, Underground Storage Tanks. Blythe Demonstration Projec� SB 108 (Kelley�. Chapter 296. Urgencv. This bill establishes the Blythe Environmental Remediation Demonstration Project. It requires the State Water Resources Control Board, in carrying out the project, to consider the issue of groundwater plumes. that are contaminated with petroleum that is commingled from several parties. It requires the Board to take any action which is reasonably necessary to address the issue, � including, but not lirnited to, determining that regulations are necessary and, if necessary, developing proposed regulations by January 1, 1996, recommending needed legislation in the Board's Annual Report, identifying unauthorized releases within the City of Blythe, providing estimates regarding the amount of funding and potendal funding mechanisms that would be needed to remediate those leases, entering into a contract with the City of Blythe for the purposes of establishing the demonstration project, and reporting to the Legislature on the status of the project by May 1, 1996. WATER - - � � - 134. Recycled Water. SB 1722 Kellex . Cha�ter 347. Ezisting law requires the Department.of Health Services to perform certain duties in connection with the proposed use of reclaimed water. This bill . substitutes the term "recycled water" for "reclaimed water." The bill revises those duties undertaken by the Department for which a person or entity proposing the use of recycled water may be required to reimburse the Department. The bill also authorizes the Department, under certain circumstances, to delegate all or part of these duties within a county to a local health agency. The bill provides for the reimbursement of the local health agency that has undertaken these duties in a specified manner. ' LCC Wrap-Up Bulletin - 11/1/94 �- 38 - � Statutes of 1994 � � .- ; . . __ '.�i�. 135. Regional Water� Quality Contrnl Boards. BS 1291 (Kellexl Chapter 5 6. This bill authorizes a person or entity that is subject to regulation by more than one regional water quality control board to submit any matter that may be submitted to a regional board to one of those regional boards if prescribed conditions are met. � 136. Water Service. SB 778 (Dills). �ha teR r 859. Existing law requires the payment of just compensation to a private or public entity when another entity, either public or private, provides or extends water service to an area served by the first entity. This bill provides that these provisions do not apply in Los Angeles County to any entity's own private use of reclaimed water, under certain conditions. 137. Urban Management Plaaning. AB 2853 (Cortese�. Chanter 366. Existing law, the Urban Water Management Planning Act, requires every urban water supplier providing water for municipal purposes to. more than 3,U00 customeis or supplying more than 3,000 acre feet annually to prepaze and adopt, in accordance with prescribed requirements, an urban water management plan containing prescribed elements. The � Act also requires an urban water supplier to include in the plan information dealing with specified alternatives including wastewater reclamation. This bill removes those requirements regarding the description and identification of incentives and methods for the use of reclaimed water, and changes the term "reclaimed water" to "recycled water". The bill instead expands the requirement to evaluate wastewater reclamation as- a.future water supply by requiring - the plan to include information on recycled water and its potential for use as a water source in the service area of the water supplier. The bill requires the preparation of the plan to be coordinated with local water, wastewater, and planning agencies. 138. Urban Water Management. AB 2799 ,Bronshva�,). Cha te� r 205. Existing law authorizes any public agency which supplies water to adopt and enforce a water conservation program to reduce the amount of water used, and authorizes the public agency to encourage water conservation through rate structure design. This bill authorizes a public entity to undertake water conservation and public education programs in conjunction with school districts, public libraries, or other public entities. It authorizes the public entity to take into account those programs in its rate structure. 139. Water Reuse. AB 2797 (Harve�vl. Cha�ter 724. Existing law regulates and promotes the reuse of wastewater. This bill changes the term "wastewater" to "water" or "reclaimed water" and various provisions of the law. 140. Drinking Water. AB 2098 (Costa . ChaFter 251. Fxisting law, the California Safe Drinking Water Act, provides a drinking water regulatory program to ensure safe drinking water and to emphasize the establishment of drinking water standards and recommended public health levels. This bill changes references in the Act from recommended public health "levels" to recommended public health "goals." It. makes other changes of a technical nature. 141. Watershed Prntection. AB 2030 �osta). Chapter 719. This bill authorizes a resource conservation district to facilitate coordinated resource management efforts for watershed, restoration and enhancement. _ 142. Mutual Wafer Companies. AB 2014 ,Cortese, . Chapter 250. This bill authorizes a mutual water company to enter into a joint powers agreement with any public agency for the purpose of jointly exercising' any power common to the contracting parties. LCC Wrap-Up Bulletin�- 11/1/94 -39- Statutes of 1994 143. Flood Control. � 3352�,Gotch, .LCha�ter 1152. Among other local government related provisions, this bill authorizes a joint powers agreement between a city and one or more reclamation districts to exercise the assessment in bonding authority granted to reclamation districts under existing law. 144. San Joaquin changes to tl Conservancy. 145. River Conservancy. AB 3048 (Costa). Chanter 605. This bill makes a number of �e Saa Joaquin River Conservancy Act, which established the San Joaquin River Wastewater. AB 472 (Cortese . Ch uter 1177. Existing law makes it unlawful for any person to engage in the business of clea.ning septic tanks, chemical toilets, etc. or to dispose of such cleanings in any city or county, unless the person or firm holds an unrevoked registration issued by the local health officer, or lus or her authorized representative, of the city or county. Existing law requires the registration to be issued only after a satisfactory examination of the applicant's knowledge of laws and ordinances affecting human health or nuisances. Existing law also authorizes the local health officer to require registrants to submit a statement providing certain information. This bill requires the statement also to specify discharges of waste that may result in violation of those laws or ordinances required to be known by the registrant.� The bill makes related changes relative to the authority of a regional water quality control board. Existing law requires discharges to be permitted from individual disposal systems, under certain conditions, if an authorized public agency . provides satisfactory assurances to the regional board that the system will be appropriately designed, located, sized, spaced, constructed and maintained. This measure defines "authorized public agency° to mean a public agency having authority to enswe that systems are adequately designed, located, . sized, spaced, constructed, and maintained. � 146. Drinking Water. Fluoride Levels. AB 2681 (Moun jov�,l. Cha�ter 1040. Urge�. Existing law permits the Department of Health Services to grant variances from primary drinking water standards to public water systems and requires the Department to grant requested variances to specified water systems: from the primary drinking water standards adopted by the Department for fluoride. This bill deletes the reference to specified water systems, and requires the Department to grant these fluoride standard variances at the request of any public water system. MISCELLANEOUS ENVIRONMENTAL 147. Endangered � Species. Surface Mining. AB 2874 (Snyder). ChaFter 1148. Under existing law, the Surface Mining and Reclamation Act of 1975, a person is prohibited, with certain exceptions, from conducting surface mining operations unless, among other things, a permit is obtained from the lead agency. This bill exempts a surface mining operation if it has been issued a pemut pursuant to the Act, is in coinpliance with the permit with regard to matters relating to plants, and is in compliance with any memorandum of understanding with the Department of Fish and � Game, from criminal prosecution pursuant to the Fish and Game Code for any take of a threatened or endangered plant species that is incidental to the surface mining operation. This bill makes a number of other� changes concerning surface mining and endangered species. . . 148. , Surface Mining. AB 867 (Sherl. Chapter 1208. This bill allows a person submitting a reclamation plan for a surface mining operation, if required information or_ required document has already been prepared as part of a permit application or as part of an Environmental Impact Report, to include . that information or that document in the reclamadon plan by reference, if the information or LCC Wrap-Up Bulletin - 11/1/94 - 40 - � Statutes of 1994 document is attached io the reclamation plan when the lead agency submits the reclamation plan to the Director of Conservation for review. Tfiis bill also authorizes the Director of the Department of Conservation to comment on a reclamation plan or plan amendments within 30 days and to comment on financial assurances within 45 days. The bill requires the lead agency to respond to comments from the director within a reasonable amount of time. The bill provides that, to the extent that there is a conflict between the comments of a trustee, agency, or a responsible agency, that are based on the agency's statutory or regulatory authority and the comments of other commenting agencies which are received by the lead agency pursuant to CEQA, that the lead agency shall consider only the comments of a trustee, agency, or responsible agency. This bill makes a number of other _ changes to existing law regarding responsibility of lead agencies relative to reclamation plans or amendments. 149. Propane. AB 766 �Hauser�. Cha�ter 388. This bill requires the Public Utilities Commission to undertake a propane safety inspection and enforcement program for propane distribution systems to ensure compliance with the Federal Pipeline Standards by propane operators within the state. It permits the Commission to adopt rules, at least as stringent as the federal law, in order to protect the health and safety of customers served by propane distribution systems. The bill requires the State Board of Equalization and the Commission to develop a uniform billing surcharge designed to cover the Commission's cost in implementing these provisions. 150: Delta Protection Commission. SB 285 (Johnston�, Chanter 1155. Urgencv. This measure makes a number of technical and procedural changes to the Johnson-Baker-Andal-Boatwright Delta Protection Act of 1992 which creates the Delta Protection Commission. 151. Historic Resources. Churches. AB 133 (W. Brown). Chapter 1199. This measure prohibits a city or county from designating as a historic resource noncommercial property owned by a religious organization, unless the property owner consents to the designation. The bill appears to apply to property designated after January 1, 1995. Any noncommercial religious property (i.e., a church) may exempt itself from being designated as a historic resource if, at a public forum, it objects to the designation and deternunes that it will suffer substantial economic hardship as a result of the designation. VI. BUILDING REGULATION, CODE ENFORCEMENT, NUISANCE ABATEMENT 152. Building Standards. Fire Safety. AB 1281 (Archie-Hudson�, Chapter 498. Existing law requires the State Fire Marshal to prepare and adopt regulations establishing minimum requirements for the prevention of fire and for the protection of life and property against �re and panic in certain buildings including, among others, theaters; dance ha11s, and movie theaters. This bill requires the State Fire Marshal to, similarly, adopt regulations regarding motion picture or television production facilities, The bill provides that it does not limit the authority of �a city, county, city and county, or special district to set stricter standards. 153. Building Standards. Review of Amendments. AB 1780 (Hauser .�pter 249. The California State Building Code is divided into two sections: (1) The Uniform Building Code (UBC) and (2) LCC Wrap-Up Bulletin - 11/1/94 - 41 - Statutes of 1994 the California amendments to the UBC. The UBC is developed by the International Conference of Building Officials and is subject to a national review and revision process every three years. The UBC has been adopted by the State of California and 23 other states as their standards for construction. The unamended UBC contains approximately 980 pages of construction specifications and application procedures. Over the past twenty years, some 1,000 additional pages of state amendments have been added to the UBC, effectively doubling the size of the code. This bill requires the California Building Standards Commission to prepare an in-depth review of all amendments developed for publication in the Califomia State Building Code, including the related analysis and reasoning justifying the change as submitted by the adopting state agency. This bill requires the Commission to direct its executive director to prepare a comprehensive listing of all state amendments developed for publication in the California State Building Code from January 1; 1995 to December 31, 1995, including analyses justifying the adoption or proposal of new state amendments. ' The bill requires the Commission to inform the public and all state agencies with the authority to develop building standards of the completion of the listing and make copies available upon request. This bill is intended to provide the Commission with an opportunity to review the individual amendments that have been added to the UBC so that California can confirm that its building standards provide both a high level of safety for Californians and a perniit process that does not restrain construction. 154. Land Use. Residential Reconstruction. 5B 2112 Bergeson, . Chapter 743: This bill allows nonconforming multifamily dwellings, involuntarily damaged by fire, other catastrophic events, or _ the public enemy, to be rebuilt within two years unless the local agency makes certain determinations regarding public health, safety or welfare. Dwellings may be rebuilt up to their predamaged size and number of units. � B 2112 allows a local agency to prohibit the type of reconstruction in the bill if the building is located in an industrial zone without making any particular determinations. The bill also allows a local agency to enact or enforce an ordinance, regulation, � or resolution that grants greater or more permissive rights to restore, reconstruct, or rebuild a multifamily dwelling. A local agency may prohibit the rebuilding if the local agency determines either that: The reconstruction, restoration, or rebuilding will be detrimental or injurious to_the health, safety, or general welfare of persons residing or working in the neighborhood, or will be detrimental or injurious to property and improvements in the neighborhood; or The existing nonconforming use of the building or structure would be more appropriately moved to a zone where it is permitted or there is no longer a zone for that use. B 2112 also requires that the reconstruction or restoration be undertaken in conformance with: the current Building Standards Code; any more restrictive local building standards; the State LCC Wrap-Up Bulletin - 11/1/94 - 42 - - Statutes of 1994 Historical Building Code; local zoning ordinances, so long as the predamage size and number of dwelling units are maintained; local architectural regulations and standards, so long as the predamage size and number of dwelling units are maintained; and a building permit which shall be obtained within two years after the date of the damage or destruction. 155. Public Swimming Pools. Light Fixtures. AB 1622 �Bowen, . Chapter 7. This bill requires all dry- niche light fixtures and all underwater wet-niche light fixtures operating at more than 15 volts in public swimming pools owned or operated by the state or by local agencies to be protected by a ground-fault circuit interrupter in the branch circuit, requires light fixtures to have encapsulated terminals, and requires any of these public swimming pools that do not meet these requirements as of January 1, 1995, to be retrofitted by January 1, 1996. This bill requires the ground-fault circuit interrupter to comply with Underwriter's Laboratory standards. This bill requires state and local governmental agencies to have their public swimming pools inspected for compliance by July 1, 1996. - This bill authorizes a public swimming pool to charge a fee, or increase its fee charged, to the public �for use of the pool, for the purpose of recovering the administrative and other costs of retrofitting pools in compliance with this bill, and would require the charge or increase due to this bill to terminate when funds su�cient to cover these costs are collected. 156. Employment. Regulations. AB 3416 (Weggeland� Cha,pter 486. This bill repeals speci�c requirements for water and toilet facilities in theaters and motion picture houses. This bill requires all employees to comply with standards adopted by the Occupational Safety and Health Standards Board relating to sanitary facilities. This bill repeals existing ventilation requirements for employee washbowl and toilet facilities. The bill require those foundries and metal shops to comply with standards adopted by the standards board relating to mechanical ventilation systems. Existing law prohibits a toilet facility in a factory, workshop, mercantile, or other establishment that is assigned to one sex from being used by a person of the other sex. This bill deletes that prohibition. 157. Buildings. ABS Pipe. SB 1873 ,Petrisl. Chapter 990. This bill prohibits, on and after the effective date of the bill, any person from selling or offering for sale to a manufacturer of acrylonitrile- butadiene-styrene (ABS) pipe any plastic resin that does not meet the specifications for ABS pipe set forth in enumerated specifications of the American Society for Testing and Materials. The bill requires that any and all plastic resin sold to an ABS pipe manufacturer contain a specified certification. This bill prohibits the sale of any ABS pipe that does not comply with the standards set forth for the manufacture of ABS pipe in the enumerated specifications of the American Society for Testing and Materials from being sold or offered for sale, or installed in any structure that is subject to the State Housing Law. This bill provides that listing agencies, as approved by the LCC Wrap-Up Bulletin - 11/1/94 - 43 - Statutes of 1994 Department of Housing and Community Development, be required to publish in each listing agreement with ABS pipe manufacturers a list of ABS resins and resin compounds used by that manufacturer and approved for use by the listing agency. 158. Earthquake Safety. SB 1988 (Alquistl. Chapter 1219. Existing law prohibits, notwithstanding any other provision in the State Housing Law, certain model code building standards from applying to a local jurisdiction that has adopted on or before January 1, 1993, a program for mitigation of potentially hazardous buildings if a proposed ordinance containing prescribed standards to strengthen buildings was introduced on or before July 27, 1992. Fxisting law otherwise requires ordinances and programs to conform to the model code building standards, except for requirements found by local ordinance to be inapplicable based on local conditions. This bill instead requires ordinances and programs, adopted on or before January 1, 1993, that contain certain standards to strengthen potentially hazardous buildings, to incorporate the model code building standards, except for standards found by local ordinance to be inapplicable based on local conditions, as defined, or based on an approved study. VII. HOUSING, MOBILEHOMES, COMMUNITY DEVELOPMENT, REDEVELOPMENT, RENT CONTROL, ' DEFENSE CONVERSION, ECONOMIC DEVELOPMENT DEFENSE CONVERSION 159. Military Base Reuse. AB 3755 (Hone�cutt). Chapter 1261: Existing law provides for a California Defense Conversion Council with 15 voting members to provide a central clearinghouse for all base reuse and defense conversion activities in the state. This bill requires the council to hold special information meetings throughout the state on base reuse problems and issues and to review and comment on plans of state agencies that may substantially affect military base reuse. This bill also specifies a procedure for the recognition of a single local reuse entity for each military base closure in the state, recognizes specified existing entities as the single local reuse entity for specified military bases, and provides that a recognized entity is the only entity that is eligible for specified state benefits for use on the base. � 160. Military Base Reuse Authority Act. AB 3759 (Gotch, , ChaFter 1165. r en . Thi"s bill enacts the Military Base Reuse Authority Act to authorize counties and cities located wholly or partly within the boundaries of a military base to establish a. military base reuse authority to prepare, adopt, finance, and implement a plan for the future use and development of the territory occupied by the military base. The creation of such an Authority pursuant to AB 7 9 is pemussive. Cities retain all existing mechanisms including joint powers agreements to create and implement reuse plans. The AB 7 9 authority would be governed by a board consisting of one member from each county and city within the territory of the military .base. This bill authorizes the board to acquire and dispose of existing real property and facilities within LCC Wrap-Up Bulletin - 11/1/94 - 44 - Statutes of 1994 �, the territory of the military base, to plan, finance, and construct new public capital facilities within that territory, and to levy assessments, reassessments, special taxes, or development fees and to issue bonds to finance projects in accordance with specified state statutes. The bill requires a county or city with territory occupied by a base for which an authority has adopted a reuse plan to submit to the authority, for approval, general plans, zoning ordinances, and � other actions necessary for implementing the reuse plan. This bill requires each agency represented by a board member to contribute annually to the authority an unspecified amount. The bill authorizes the board and member agencies to provide by contract for the transfer to the board or between member agencies of revenues available from sales tax, property tax, or other sources in order to help finance the cost of paying for services or capital facilities to serve or enhance the development of the military base. This bill provides that a military base reuse authority shall cease to exist when the board determines that 80 percent of the territory of the military base that is designated for development or reuse in the plan prepared pursuant to the bill has been developed or reused in a manner consistent with the plan, or 20 years after the creation of the authority, whichever occurs first. 161. Redevelopment. Fort Ord Reuse Plan. Redevelopment. SB 1600 (Me114„ . Chanter 1169. This bill authorizes the establishment, by the governing board of the Fort Ord Reuse Authority, of a redevelopment agency, to be known as the Redevelopment Agency of Fort Ord, within the boundaries of the territory occupied by Fort Ord. This bill allows land owned by a public agency within the territory of a military base that is closed or is being closed to be eligible for the formation of a community facilities district pursuant to the Mello-Roos Act. This bill authorizes tfie governing board of the Fort Ord Reuse Authority. to determine, at a noticed public hearing, that the adoption of a Fort Ord Reuse Plan, or of a general plan or zoning ordinance consistent with the Fort Ord Reuse Plan, is not subject to the California Environmental Quality Act, under specified conditions. The bill also authorizes the board to �prepare specified environmental documents in connection with the reuse of Fort Ord. 162. Defense Conversion. AB 3799 ,Lee, Chapter 589. Existing law establishes the Defense Conversion Matching Grant Program under the direction of the Defense Conversion Council and the administration of the Office of Strategic Technolo� to provide matching grants and technical assistance to California nonprofit organizations, public agencies, consortia, and businesses for projects qualifying for federal funds under programs providing incentives for economic conversion. This bill specifies a procedure for the evaluation of applications for state matching funds available under the program and the composition of evaluation committees. The bill also requires the Trade and Commerce Agency to adopt state matching grant criteria that favor proposals meeting specified objectives and standards and that are at least as stringent as speci�ed federal award criteria. 163. California Defense Conversion Council. AB 3821 (Connolly�. Chapter 850. This bill requires the California Defense Conversion Council to prepare and implement a plan to minimize California's LCC Wrap-Up Bulletin - 11/1/94 - 45 - Statutes of 1994 loss of military bases and jobs in the 1995 round of military base closures. 164. Reuse Authority. �B_ 899 (Mello). Cha�ter 64. UrEe�. This bill authorizes specified local agencies in Monterey County to establish the Fort Ord Reuse Authority to prepare, adopt, finance, and implement a plan for the future use and development of the' territory occupied by the Fort Ord military base in Monterey County. 165. Defense Installations. Conversion. Nonmilitary Use. SB 1257 �Ayala�, Cha�ter 34. jTrgen . This bill requires the Secretary for Environmental Protection, in coordination with appropriate federal, state, and local agencies, to expand one-stop permit programs to provide for the development of defense installations converted to nonmilitary use. The bill imposes a state-mandated local program by requiring any affected local agency to consider a memorandum of agreement that would be developed for this purpose by the Secretary for Environmental Protection under the bill. The bill authorizes a local agency to charge a fee, in addition to any fees charged for permits, in order to defray the cost of the bill. HOUSING 166. Housing. Regional Housing Needs. AB 51 (Costa,�. Cha�ter 1235. Fxisting law requires each city. to prepare and adopt a housing element. The housing element shall identify adequate sites for the city's share of the� regional housing need. �- This bill changes the housing element law by authorizing a city or county to transfer up to 15 percent of its share of the region's affordable housing needs, but not more than 500 units, to a contiguous city. or county if the transferring city has met at least 15 percent of its share of lower income needs and all of the participating agencies make specified findings demonstrating that racial and economic segregation will not result. The bill also specifies that the annual report to the legislative body be prepared through the use of forms and definitions adopted by the Department of Housing and Community Development (HCD) pursuant to the Administrative Procedure Act. 167. Land Use. Housing Element. AB 3134 McDonal,d�. Cha�ter 191. This bill allows the Department of Housing and Community Development to adopt guidelines for the preparation of a document that meets both the requirements for housing elements pursuant to existing state law and the requirements for a Comprehensive Housing Affordability Strategy as required by a speci�ed federal law. HOUSING FINANCE 168. Housing Finance. SB 1413 (Craven : Chapter 379. Fxisting law authorizes redevelopment agencies, housing authorities, cities and counties to issue bonds to make loans to various tax exempt, nonprofit organizations to finance the acquisition of multifamily residential housing. This bill authorizes these bonds to be issued also to finance the purchase of mobilehome parks in which residents rent spaces, and either rent, legally own or are purchasing mobilehomes within these spaces. LCC Wrap-Up Bulletin - 11/1/94 - 46 - Statutes of 1994 ,,. 169. Farmworker Housing Grant Prngram. AB 2703 �Costa�, ChaDter 259. Urge�. Under existing law, the Department of Housing and Community Development administers the Farmworker Housing Grant Program which makes grants for farmworker housing. These grants may be made to local public agencies and nonprofit corporations for the construction or rehabilitation of housing for agricultural employees and their families. This bill expands the definition of agricultural employees for the purpose of this program to include any person who works at a packing shed for a labor contractor or other entity that contracts with an agricultural employer in order to perform services in connection with handling, drying, packing, or storing any agricultural commodity. 170. Housing. Tax Credits. AB 3651 (Hauser , Cha�ter 1164. This bill delays the repeal date for the state Low Income Housing Tax Credit until January 1, 2000. It also makes numerous technical and conforming changes in the law relating to the California Tax Credit Allocation Committee. MOBILEHOMES 171. Mobilehome Parks. Inspections. � SB 1663 (Craven). Chapter 674. Existing law, the Mobilehome Parks Act, contains various provisions regarding inspection of mobilehomes, including requiring certain enforcement agencies to enter and inspect all mobilehome parks once every five years. The bill extends the existing January 1, 1997 sunset date for these provisions to January 1, 1999. The measure makes a number of other changes regarding specified fees relative to mobilehome parks. 172. Mobilehomes. Rent Control. SB 1510 (Lewis, . Cha�ter 340. Among other provisions, this measure requires a city or county that administers a rent control measure to permit mobilehome park management to separately charge for fees and costs imposed by a specified governmental entity on the space rented by the homeowner. This provision is applicable to fees and charges first imposed on or after January 1, 1995. � 173. Manufactured Housing. Seismic Retrofits. SB 750 ,Roberti.�. Cha�ter 240. r nc . Among other provisions, this measure requires that all manufactured homes or mobilehomes, when initially installed or subsequently reinstalled on a different lot, shall be installed to resist specified horizontal wind pressures or the design wind load, whichever is greater. It speci�es that the mobilehomes or manufactured homes may be installed or reinstalled in accordance with plans and specifications designed by a licensed architect or engineer that meet the requirements imposed by the bill. It requires the Department of Housing and Community Development to develop standards for mechanical connections of the manufactured homes or mobilehomes and their footings. 174. Mobilehome Parks. Land Use. AB 3735 (Bornstein). Chapter 896. This bill makes a number of changes to existing law regarding mobilehome parks and manufactured homes and development improvements relative to low and very low income residents. Existing law authorizes the Department of Housing and Community Development to adopt regulations for the construction, maintenance, occupancy, use, and design of manufactured housing communities. A provision of existing law excludes from the definition of the manufactured housing communities under the act as an area or tract of land zoned for agricultural purposes where two or more manufactured home lots are rented or leased or provided as of a term or condition of employment to accommodate manufactured homes or mobilehomes used for the purpose of housing fewer than 5 agricultural employees. This bill amends the Manufactured Housing Act to instead exclude such an area or tract of land use for the purpose of housing lZ or fewer rather than 5 or fewer agricultural employees LCC Wrap-Up Bulletin - 11/1/94 - - 47 - � Statutes of 1994 from the definition of "manufactured housing community." This bill also makes similar provisions relative to the Mobilehome Parks Act. F.acisting planning and zoning law prohibits a city or county from discriminating against residential developments and emergency shelters based on specified criteria relating to the intended occupaats. This bill extends this prohibition to other local government agencies and adds the definition of manufactured homes within the de�nition of residential development. Existing law also requires local agencies to make specified findings before disapproving or conditionally approving certain housing development projects. This bill makes specified changes in these findings relating to very low income housing and housing elements of a housing plan. 175. Mobilehome Parks. A.B 3566 ,Bornstein). Chapter 1254. Fxisting law prohibits the management of a mobilehome park from charging a homeowner a fee or imposing a rent increase for prescribed penalties assessed by a court against the management for violation of the Mobilehome Residency Law. This bill revises this provision to include money damages within these penalties. The bill also provides that a provision in a rental agreement entered into, renewed, or modified on or after January 1, 1995, that permits a fee or a rent increase that reflects the costs to the management of these money damages, shall be void. 176. Mobilehome Parks. AB 3203 (V. Brownl. Cha ten r 729. Existing law generally prohibits the management of a mobilehome park from requiring the removal of a mobilehome in the event of the sale during the term of a homeowners rental agreement that allows the management, in the event of a sale, to require that a mobilehome be removed from the park where, among other factors,.it is in significantly rundown condition or in disrepair, which the management has the burden of demonstrating. This bill prohibits the management, under this provision, from requiring repairs and improvement to the park space or property owner by the management except for damage caused by the homeowner. MISCELLANEOUS HOUSING 177. Employee Housing. Enforcement. AB 2571 (Polanco, . Ch �ter 1250. Among other provisions, existing law authorizes an enforcement agency to require the vacating and demolition of specified buildings or instituting any other appropriate action or proceeding if repair work is not done on schedule, or if there is a significant threat to the health and safety of the residents or public. This bill provides that, in any civil action brought by a private person or entity to obtain tenant relocation assistance, the private person or entity, if he or she is the prevailing party, may be granted reasonable attorney fees and costs in addition to any other remedy granted 178. Agi-icultural Employee Housing. CEQA. AB 3373 lBustamante, . Cha,�ter 1058. This bill exempts from the Califomia Environmental Quality Act, with certain specified exceptions, certain development projects that consist of the construction, conversion or use of residential housing for � agricultural employees. In order to be exempt from CEQA, housing developments must comply with a number of specified criteria including requiring that if the development project is proposed for an urbanized area, it is located on a project site, which is adjacent, on at least two sides, to land that has been developed and consists of not more than 45 units, or is housing for a total of 45 or fewer agricultural employees if .the housing consists of dormitories, barracks, or other group living _ facilities. If the development is proposed for nonurbanized area, it must be located on a project site LCC Wrap-Up Bulletin - 11/1/94 - 48 - '��` � =''�{°•Statutes of 1994 J zoned for general agricultural use and consists of not more than 20 units or is housing for a total of 20 or fewer agricultural employees if the housing consists of dormitories, barracks, or other group living facilities. The development project must be consistent with the jurisdiction's General Plan and zoning ordinance as they e�cisted on the date the application was deemed complete. The development site must not be more than 5 acres in area except that a project site located in an area with a population density of at least 1,000 persons per square uule shall not be more than 2 acres in area. The site must be able to be adequately served by utilities and has no value as a wildlife habitat or is listed or is determined to be eligible for listing in the California Register of Historic Resources. ECONOMIC DEVELOPMENT 179. Economic Development and Infrastructure. AB 1495 (Peacel. Cha ten r 94. .This bill enacts the California Bergeson-Peace Infrastructure Banlc Act which creates the Califomia lnfrastructure Bank within the California Housing and Infrastructure Finance Agency to leverage existing and future public financing resources and attract job-producing private investment. (The bill renames the California Housing Finance Agency as the California Housing and Infrastructure Finance Agency.) The California lnfrastructure Bank would seek out public and private funding sources to finance public infrastructure projects. Eligible projects for funding under this bill include highways and streets, public transit facilities, drainage and flood control, school sites, libraries, child care facilities, parks and recreational facilities, port facilities, sewage and water treatment facilities, solid waste facilities, communications, and defense conversions. By selecting the projects to be funded, the bank could develop a coordinated infrastructure development strategy. Both the Governor and the Treasurer have called for establishment of a bank to serve as an element of the state's economic recovery by financing infrastructure improvement in this state. It has also been recommended by Assembly Democratic Economic Prosperity Team and the Ueberroth Commission. In 1993, Governor Wilson's Growth Management Council recommended expanding the California Housing Finance Agency's role to become "a state infrastructure bank, supported by state bonds, to provide 50-50 matching grants to local government for infrastructure improvements that are consistent with growth guidelines." The Governor's 1994-95 State Budget proposed a$200 million state general obligation bond issue "for the development of an infrastructure bank to assist local jurisdictions in addressing local infrastructure needs." AB 149 appears to be the result of the legislative efforts for growth management. With respect to criteria, priorities and guidelines for selecting projects for Bank funding, the bill requires that local projects be consistent with the general plan and the capital improvement program. This bill requires CHIFA's board of directors to establish priorities and guidelines for selecting projects for bank funding. Before applying to the bank, an applicant agency must adopt a resolution making certain findings, based on substantial evidence in the record. LCC Wrap-Up Bulletin - 11/1/94 - 49 - Statutes of 1994 180. Bergeson-Peace Infrastructure Bank Act. SB 101(Bergeson). ChaFter 749. This bill contains clean- up amendments to the Bergeson-Peace Infrastructure Bank Act. B 1 1 renames the act the Bergeson-Peace Infrastructure and Economic Development Act, renames the bank the California Infrastructure and Economic Development Bank, and makes related changes; revises the authority of the bank and other requirements set forth in the act; and, makes related clarifying changes. B 1 1 amends the criteria, priorities, and guidelines for state funding to require that the project shall be consistent with the goals and policies contained in the State Environmental Goals and Policies Report unless the report is not cunent and approved by the Govemor. If the sponsor of the project is a city or other local government agency, the project shall be consistent with the general plan of each city and each county in which the project is located. The general plan of that city and that counry in which the project is located shall substantially comply with the State Planning and Zoning Act. In addition, the sponsor shall have adopted a capital improvement program and the project shall be consistent with the capital improvement program adopted by each city and each counry in which the project is located. In order to apply for Infrastructure Bank funding, a local agency sponsor must take a number of steps including: (1) Provide for public inspection of all supporting documentation at least 10 days prior to the public hearing required in paragraph (2). (2) Find, by resolution passed at a regularly scheduled public hearing and based on substantial evidence in the record, each of the following: " (a) The project is consistent with the goals and policies contained in the State Environmental Goals and Policies Report. (b) The project is consistent with the general plan of both the city and county, in which the project is located, and a capital improvement plan. (c) The supporting material to be submitted to the board as required in subparagraph (b) is sufficient to substantiate the project. (d) The proposed financing is appropriate for the specific project. (e) The project facilitates effective and efficient use of existing and future public resources so as to promote both economic development and conservation of natural resources. The project develops and enhances public infrastructure in a manner that will attract, create, and sustain long-term employment oppor,tunities. (� The general plan substantially complies with the requirements of the State Planning and Zoning Act. (g) The project meets the criteria, priorities, and guidelines adopted by the infrastructure bank board. LCC Wrap-Up Bulletin - 11/1/94 - 50 - Statutes of 1994 B 1 1 also creates a limited appeal process so that any local public agency may appeal on the basis of whether the resolution was validly adopted by a majority of the voting members of the legislative body, and meets the criteria required. 181. Housing. Local Housing Programs. AB 2003 (Bornstein . Cha�ter 883. Under existing law, any city or county may administer a home financing program to acquire, contract, and enter into advance commitments to acquire, home mortgages made or owned by lending institutions at the purchase prices and upon other terms and conditions as determi.ned by the city or county. Existing law specifies eligibility criteria for qualification of persons and families under the program, including a maximum household income not exceeding the median household income where the purchaser will not be the first occupant. This bill revises that specific criterion to instead not exceed 120 percent of the median household income for mortgages where the purchaser will not be the first occupant. 182. Enterprise Zones. SB 1438 (Mellol. Chanter 754. This measure requires the Trade and Commerce Agency to designate two additional enterprise zones that meet the following criteria. The designated enterprise zones shall meet at least two of the following three criteria: (a) the unemployment rate in the area has been twice the state average for each of the preceding 5 years; (b) the median household income for the area is less than 90 percent of the median household income for the counry in which the area is located; and (c) the designated area has grown at least 8 percent in population per year for each of the preceding two years, but has not had a corresponding percentage growth in area employment. The bill extends the existing tax credits to the two additional enterprise zones designated by the agency and requires the agency to review the progress and effectiveness of each enterprise zone and report its findings to the Legislature. 183. California Economic Development Financing Authority. SB 1387 Thompson). Chapter 753. This bill creates the California Economic Development Financing Authority in the Trade and Commerce Agency. The authority is empowered to issue revenue bonds and to approve and finance public infrastructure projects and private economic development projeets. 184. Economic Development. Small Cities. AB 2607 �Hauser)., Chanter 884. This measure deletes the limitation and existing law that an applicant for funds from the Small Cities Community Development Block Grant program may not receive more than $1,200,000 in any two consecutive years. Existing law requires that 10 percent of the total amount of the program funds set aside in the annual budget for economic development shall be allocated to make economic development assistance grants to eligible small cities for various economic development activities. The maximum grant per application is $30,000 per project. This bill raises that limit to $35,000, but would prohibit grants in excess of $35,000 to one applicant in any one year. The bill would permit two or more jurisdictions to pool their funds and make a joint application for the same project. The bill makes a number of other changes governing the eligibility for and administration of those federal funds. 185. Enterprise Zones. SB 1770 (Alquist, : Chapter 755. This measure makes several changes to existing law regarding enterprise zones. LCC Wrap-Up Bulletin - li/1/94. - 51 -, Statutes of 1994 REDEVELOPMENT 186. Litigation Against a Public Agency Outside the Jurisdiction of a Redevelopment Agency. AB 2010 �Brulte). Chapter 326. enc . This measure prohibits a redevelopment agency from financing litigation against a public agency that does not have jurisdiction within the redevelopment agency's jurisdiction. Specifically, the bill: . (a) Prohibits a redevelopment agency from directly or indirectly funding a lawsuit if the suit is against a public agency which does not have governmental jurisdiction within the redevelopment agency's jurisdiction c�r if the subject of the suit involves real property outside the redevelopment agency's boundaries. (b) Prohibits a redevelopment agency from lending or granting funds to finance a lawsuit that the bill prohibits an agency from funding. Neither can the redevelopment agency borrow money to finance a prohibited suit. The measure does not prevent a redevelopment agency from defending itself against lawsuits. In addition, the redevelopment agency can still sue over the interpretation of a written agreement. A city or county can still use its own money to sue on behalf of the community and its redevelopment agency. The measure also allows the Inland Valley Development Agency to waive the application of CEQA to amendments of the Norton Air Force Base Redevelopment Project Area plan. 187. City of Hesperia. AB 2041 (Honeycutt). Chapter 11 L r n. This measure requires that a redevelopment project area in the city of Hesperia can be deemed effective for the purpose of receiving a tax increment allocation in 1994-95 if certain documents are filed with the Board of Equalization. This bill allows late filing of specified documents so that the redevelopment agency in Hesperia can receive their increment in 1994-95. 188. Clean-Up to AB 1290 of 1993. SB 732 (Bergeson, . Chapter 936. enc . This measure is clean-up legislation to the Community Redevelopment Law Reform Act of 1993 (AB 1290). This bill makes a number of technical modifications to the Redevelopment Reform Act of 1993. Additionally, the bill makes a number of amendments which clarify the sponsor's intention relative to the 1993 Act. Those changes which are not technical are described below. . Implementation Plan This measure modifies the contents of the five-year implementation plan by: (a) Authorizing the amendment of an implementation plan after a noticed public hearing. (b) Requiring that the agency's replacement plan for units destroyed or removed by redevelopment agency activities be included. (c) Requiring that the plan include information on how the agency proposes to meet its affordable housing obligations. LCC Wrap-Up Bulletin - 11/1/94 - 52 - Statutes of 1994 (d) Authorizing the agency to update the affordable housing portions of the plan either in conjunction with the five-year housing element cycle or the implementation plan cycle. (e) Clarifying that the adoption of the plan does not constitute the approval of any specific program, project, or expenditure. � (� Providing that the adoption of the plan does not constitute a"project" as de�ined in the California Environmental Quality Act (CEQA). However, the inclusion of any program, project, and expenditure in an implementation plan adopted in conjunction with a redevelopment plan does not eliminate the analysis of those impacts in the environmental impact report on the redevelopment plan nor does the inclusion of a project, program, or expenditure in an implementation plan eluninate CEQA review at the, time of project, program, or eacpenditure approval. (g) Providing, that if an action attacking the adoption, approval or validity of a redevelopment plan adopted before January 1, 1994 has been judicially brought, the first implementation plan required pursuant to the law is to be adopted within six months after a final judgment or order has been entered. Subsequent implementation plans required pursuant to the law are to be adopted according to the terms of the cunent law, and as if the frst implementation plan had been adopted on or before December 31, 1994. ales Tax Under the 1993 Act, the authority for a redevelopment agency to enact an ordinance or receive, use, or pledge a portion of its local jurisdiction's sales tax was deleted. However, the 1993 Act stated in an uncodifed section that this deletion did not invalidate, impair, or otherwise affect an ordinance adopted by the agency prior to January 1, 1994 if the ordinance was for the purpose of financing one or.more of the following activities: (a) The pledge of revenues received by an agency pursuant to an agreement entered into prior to January 1, 1994. � (b) The refunding of bonds issued prior to January 1, 1994. (c) The issuance of bonds payable from taxes imposed by an ordinance adopted by the agency � prior to January 1, 1994 regardless as to whether the bonds were actually issued prior to 1994. This section of the bill becomes operative January 1, 1995. Refunding Indebtedness Under the 1993 Act, new redevelopment project areas are limited in the term under which new indebtedness may be entered into: 20 years or 30 years if the area remains blighted and the extended time is required to eliminate blight. Pre-1994 project areas also have term limits on the establishment of new indebtedness: 20 years or January 1, 2004, whichever is later. Agencies may extend the term for a maximum of 10 years if the area remains blighted and the extended time is required to eliminate blight. LCC Wrap-Up Bulletin - 11/1/94 - 53 - Statutes of 1994 This bill allows an agency to refund, re�nance, or restructure indebtedness beyond the statutory term to the extent that the repayment period does not extend beyond the maximum time limitation for repayments authorized under existing law: 45 years for new project areas and 40 years or January 1, 2009, whichever is later, for Pre-1994 project areas. Adding Territory Under the 1993 Act, Pre-1994 project areas are treated differently than new project areas reflective of the fact that older project areas have existing projects, activities, and indebtedness. This bill requires that Pre-1994 project areas which add territory shall contain the same time limits as those required for new project areas. � ,, Inclusionary Zonine The 1993 Act expanded the ways in which an agency can meet the low- and moderate=income housing requirements, including requiring that at least 50 percent of the required units be made available to very low-income residents through the purchase or acquisition of long-term affordability covenants. Tllis bill modifies that requirement by stating that not more than 50 percent of the housing units required to be developed pursuant to the inclusionary requirements be provided through the purchase or acquisition of long-term affordability covenants. These units may be affordable to low-, very-low and moderate-income households. Additionally, the bill provides that not less than 50 percent of the arriount allowed to be expended for the, subsidizing of existing housing �shall be affordable to very low-income residents. _ �ale or Lease of Property , Under the 1993 Act, a redevelopment agency which proposes to sell or lease property acquired with tax increment moneys is required to make a finding that the sale or lease of that property will eliminate blight. � This bill authorizes the agency to make an altemative finding that the sale or lease of property is required to provide affordable housing. This alternative finding is required to be consistent with the agency's implementation plan for the project area. Tax Increment Allocation � This bill clarifies the distribution of tax increment to the agency's local government entity under the new statutory pass-through formula. Right of Referendum � This bill provides that a plan amendment which extends the term of a redevelopment plan adopted prior to January 1, 1994 is subject to referendum. Pa�ments to School Districts This bill limits the definition of "local education agencies" to a school district, a community college district� or a county office of education. In addition, it limits the use of tax increment moneys received for capital facilities to facilities at school sites. LCC Wrap-Up Bulletin - 11/1/94 - 54 - Statutes of 1994 The bill makes the following changes which were not related to the 1993 Act. Notice Reyuirements for Redevelopment Plan Amendments Chapter 1217, Statutes of 1993, expanded the mail notice requirements for business and residential tenants and deleted the requirement that the notice be mailed by registered letter and, instead, authorized the agency to provide the notice by first-class mail. This bill provides for the same notice requirement for redevelopment plan amendments. Small Housin_g Develonments This measure deletes the authority of the legislative body to authorize its redevelopment agency to hold the required public hearing on whether the sale or lease of a small housing development (less than four units) was of benefit to the redevelopment project area. Tax Increment Can This bill requires that the tax increment cap for redevelopment plans adopted after January 1, 1986 also apply to any future amendment to the redevelopment plan. Definition of Bligh� This measure requires the redevelopment agency to identify which conditions of blight will be eliminated when undertaking the following: (a) Proposing the sale or lease of property acquired with tax increment money. (b) Paying all or part of the value of land and construction of any building or other improvement which is publicly owned either within the project area or outside the project area. (c) Developing the agency's five-year implementation plan. 189. Mare Island Redevelopment Project Area. BS 1035 (Thom,�son�. Chapter 1168. This bill allows the establishment of the Mare Island Redevelopment Project Area. This bill authorizes the adoption of the Mare Island Redevelopment Project Area and .provides special redevelopment � authorities and powers to the City of Vallejo Redevelopment Agency. Specifically, the bill: (a) Contains a legislative finding that specified portions of the Mare Island Naval Shipyard are conclusively deemed to be blighted. (c) Exempts the agency from making a finding that the preliminary plan and the redevelopment plan conform with the community's general plan. The agency is, however, prohibited from expending any tax increment moneys for the purpose of carrying out the project until the City of Vallejo finds that the redevelopment plan is in conformity with the community's general plan. (c) Requires the agency to make the statutory pass-through payments to all affected school districts. � (d) Authorizes the City of Vallejo to determine, at a public hearing, that the adoption of the LCC Wrap-Up Bulletin - 11/1/94 - 55 - Statutes of 1994 y Mare Island Redevelopment Plan is not subject to the California Environmental Quality Act (CEQA). However, all projects implementing the redevelopment plan that may have a significant effect on the environment are subject to CEQA. (e) Requires the Agency to prepare and certify an environmental impact report (EIR) for the redevelopment plan within 18 months after the adoption of the plan. 190. Graffiti Eradication. SB 1515 (Hu hes Chanter 381. This measure allows a redevelopment agency within a project area `to take any actions that the agency determines are necessary to remove graf�d from public or private property. 191. Corrected Financial T�ansactions Reports. AB 621 (Napolitano . Chapter 281. UrgencX. This measure allows a redevelopment agency which improperly filed a financial transaction report with the State Controller to use the "corrected" report for calculating the property tax shift to the Educational Revenue Augmentation Fund (ERAF). The Department of Finance is directed to use any revised financial transaction reparts from redevelopment agencies which have been accepted by the State Controller on or before January 1, 1994. � VIII. LAND USE PLANNING, ZONING, SUBDIVISIONS, DEVELOPMENT REGULATION, FEES � LAND USE PLANNING 192. Land Use. Williamson Act. AB 2663 (Sher). Chanter 1251. This bill allows the State Controller, at the request of the Resources Agency, to withhold, or deduct from, subvention payments to local governments made pursuant to the Williamson Act any cancellation fees that have not been collected and transmitted to the Resources Agency. The bill requires the governing body of each county, city, or city and county to report annually, rather than submit a report, to the Secretary of Resources Agency the number of acres of land which qualifies for state payments. AB 2663 allows � the board of supervisors to impose � conditions on land under Williamson Act contract to specified principles of compatibility. Nonprime agricultural land under Williamson Act contract may meet four, less stringent findings. AB 2663 requires that land uses on contracted lands be consistent with three "principles of compatibility:" . (1) The use wili not significantly compromise the long-term productive agricultural capability of the subject contracted parcel or parcels on other contracted lands in agricultural preserves. (2) The use will not significantly displace or impair,current or reasonably foreseeable agricultural use of the contracted property on other contracted lands in agricultural preserves. Uses � directly related to commercial agricultural production may be deemed compatible. (3), The use is not likely to result in significant removal of adjacent contracted land from agricultural and open-space use. � � � LCC Wrap-Up Bulletin - 11/1/94 - 56 - Statutes of 1994 . � �a, The bill permits local officials to allow conditional uses which don't comply with the bill's principles if ihey impose conditions that make the land uses conform to those principles. The Act allows cities and counties to adopt their own definitions of "compatible use" if they don't conflict with the statute. The Act declares that utilities and farmworkers housing are compatible uses, unless local officials find that they are not. A city or county which offers Williamson Act contracts must adopt administrative rules that must list compatible uses. When local officials determine compatible uses, the Act directs them to recognize that population density "often hinders or impairs agricultural operations." 193. Land Conservation. SB 1534 (Johnston). Chapter 1158. Prior to locating a public improvement within an agricultural preserve, subject to a Williamson Act contract, this bill requires the public agency to make the following findings: (a) The location is not based primarily on a consideration of the lower cost of acquiring land in a preserve; and (b) If the affected land is prime agricultural land, there is no other land within or outside the agricultural preserve on which it is reasonably feasible to locate the public improvement. _ B 1 4 requires the public entity, when land within an agricultural preserve is acquired, to notify DOC within 10 days and provide a general description of the agricultural land acquired and a copy of any applicable Williamson Act contract. Any comments from the DOC must be considered by the public agency, if they are made available within the time limits specified. If, after acquisition, the public agency determines that it will not actually locate on that land the public improvement for which the land was originally acquired, requires that land to be encumbered by an enforceable deed restriction with terms at least as restrictive as those under the Williamson Act for a period of time equal to the remainder of the original contract. , 194. Airport Land Use Planning. AB 2831 (Moun �vl. Chapter 644. This bill requires, rather than authorizes as at present, counties to establish and maintain airport land use commissions if certain conditions are present and to develop and update, as needed, airport land use plans. Provides an alternative to the establishment of such commissions in specified situations. ' This bill provides that the supervisors of a county and each affected city may make a deternunation that proper land use planning may be done without a commission if certain standards for plan preparation, public notice, and mediation are met. The bill also requires the Division of Aeronautics to review the process adopted above and is to approve the processes if the division detemunes that the processes are consistent with specified procedures and standards for timely adoption of plans; appropriate height, use, noise, safety, and density criteria; and adequate opportunities for notice to, review of, and comment by the general public, landowners, interested.groups, and other public agencies. AB 2831 also provides that a commission need not be formed in a county if the county has only one public use airport that is owned by a city and the County and the affected city adopt the elements LCC Wrap-Up Bulletin - 11/1/94 - 57 - � Statutes of 1994 contained above as part of their general and specific plans for the county and the affected city. DEVELOPMENT REGULATION 195. Iand Use. AB 3198 (Hauserl. Chapter 580. This bill recasts and revises the provisions of existing law authorizing the creation of second units in single-family and multi-family residential zones. The bill speci�es that cities and counties could establish minimum and maximum requirements for second dwelling units. , This bill makes the following changes to the second unit law: (1) Requires cities and counties to establish minimum and maximum unit size requirements for second units which must permit the construction of at least an e�ciency unit. (2) Parking requirements must not exceed one parking space per unit or per bedroom, unless a finding is made that additional parking requirements are directly related to the use of the second unit and consistent with existing neighbo�hood standards. (3) Allows parking to be located within setback areas unless it is not feasible because of topographic or fire and life safety conditions, or that it is not permitted anywhere else in the city or county. (4) Adds "manufactured home" and "efficiency unit" to the definition of a second unit. A local agency may reduce, by ordinance, the e�ciency unit size requirement to 150 square feet and approve partial kitchen or bathroom facilities. ZONING 196. Commercial Filming. Permits. AB 1873 ,Moore, . Chapter 687. This bill specifically authorizes a city or county to adopt an.ordinance or other r�gulation governing the issuance of permits to engage in the use of property for occasional commercial filming on location. This bill would specify that this authorization shall not limit the discretion of a city or �county to limit, condition, or deny the use of property for occasional commercial �lming on location to protect the public health, safety, or welfare. Most importantly, AB 1873 provides that occasional commercial filming.pursuant to a local permit would not be subject to other local.zoning or other land use regulation unless the �ilming ordinance or regulation so provides. : - SUBDIVISIONS 197. Land Use. Subdivisions. SB 243 (Lewis). Cha tep r.977. This bill prohibits a local agency from disapproving an application for a subdivision map in order to comply with the time limits unless there are reasons for disapproval other than the failure to timely act in accordance with those limits. B 24 also requires action on applications for map act exceptions and parcel map waivers within 60 days and provides that the moratorium provisions include those. of the public agency approving the tentative map. LCC Wrap-Up Bulletin - 11/1/94 - 58 - Statutes of 1994 � 198. Land Use.. Subdivision Map Act Property Boundaries. AB 1414 (Gotch). Chapter 458. This bill provides for the expiration of permits issued in conjunction with planned unit developments and would allow the imposition of conditions or requirements for issuance of a building or equivalent permit. The bill authorizes the lettering, in addition to numbering, of parcels designated on a parcel map �iled under the act. By requiring new duties of local agencies, this bill would impose a state- mandated local program. � This bill also makes clarifying changes to provisions of the Subdivision Map Act regarding the conveyance of land to a governmental agency and termination of offers of dedication. This bill requires that monuments to delineate the boundaries of subdivisions, tracts, streets, or highways be located and referenced prior to, rather that at the time, streets or highways are reconstructed or relocated, and would require that a corner record be filed. 199: Subdivision Map Act. Maps. Certificates of Compliance. AB 335 Gotchl. Chapter 655. This bill provides that the requirements relating to improvements on the subdivisions of fewer than S lots, shall apply notwithstanding those provisions of existing law allowing a local ordinance to require a tentative map in place of a parcel map. This bill requires any certi�cate of compliance or conditional certificate of compliance pursuant to the Subdivision Map Act to include a notice describing the purpose and effect of the certificate. The bill requires that the certificate include certain information. It authorizes local agencies to process applications for certi�cates of compliance or conditional certificates of compliance concurrently, and to record a single certi�cate for multiple parcels. This bill provides that its provisions are not intended to either enlarge or diminish the regulatory authority of a local agency, nor to support or overrule speci�ed case authority. 200. Subdivisions. Approval Procedures. SB 869 (Bergeson, . Cha,pter 1075. This bill conforms the time limits within which a school district must receive notice that a tentative map application has been determined to be complete, and the school district must make its recommendations. The bill specifically requires a local agency having jurisdiction over a proposed subdivision to consider the recommendations of an affected agency or district before acting on the tentative map. It also provides that the local agency's actions must take place within 5 days of a tentative map application being determined to be complete. IX. LIABILITY, INSURANCE, TORT REFORM 201. Land Use Dispute Mediation. �B_ 517 (Ber eg son), Chapter 300. This bill sets up procedures for land use dispute mediation, as specified. This bill enacts the Mediation and Resolution of Land Use Disputes Law, which specifically authorizes superior court judges to invite litigants to use mediation to resolve land use disputes. In November 1992, the Senate Committee on Local Government held an interim hearing, "Resolving Land Use Disputes: Mediation, Arbitration, and Litigation." This bill is intended to implement the desire of the witnesses favoring expanded use of inediation as an alternative to litigation in land use LCC Wrap-Up Bulletin - 11/1/94 - 59 - Statutes of 1994 disputes. Among its most significant provisions; the bill: (1) Provides that, notwithstanding any other provision in the law, land use actions may be subject to mediation including land use approvals, CEQA decisions, general plan and zoning actions, LAFCO determinations and other specified actions. (2) Requires that in selecting a mediator, the parties shall consider (a) the council of governments having jurisdiction in the county of the dispute; (b) any subregional or countywide council of government in the county of the dispute; (c) OPA within the Trade and Commerce Agency; and (d) any other person with experience or training in mediation, including those with experience in land use issues. (3) Provides that mediations that involve less than a quorum of a legislative or state body shall not be considered meetings subject to either the Ralph M. Brown Act or the Bagley-Keene Open Meeting Act. (4) Unless all the parties otherwise agree, prohibits the mediator from filing and a court from considering any decision or finding . by a mediator other than a required statement of agreement or non-agreement. 202. Validations. SB 1301 (Senate L.ocal Government Committee� Chapter 51. r n. B 1 2 �Senate Local Government Committee, . ChaQter 459. . Urgencv. SB 1303 (Senate Local Government Committee). Chapter 460. These bills enact the Validating Acts of 1994 which validate the organization, boundaries, acts, proceedings, and bonds of the state and counties, cities, and speci�ed districts, agencies, and entities. Each year, the Legislature adopts three validating acts to cure mistakes by local o�cials which affect boundary changes or bond issues, The bills conect any procedural errors or omissions by cities, counties, and special districts. Banks, pension funds, and other investors will not purchase public agencies' bonds unless they are secure, valid investments. Investors rely on opinions from bond counsels to assure them of the bonds' credit worthiness. Validating acts protect investors from the chance that a minor error might undermine a bond's legal integrity. Without validating acts, bond counsels would be reluctant to certify local agencies' bonds as good risks, because there might be mistakes that could invalidate future payments. Validating acts correct typographical, grammatical, and procedural errors. However, they do not forgive fraud, corruption, or unconstitutional actions. A local official who makes a minor technical error in a bond will find reassurance in the Validating Acts while a corrupt official faces prosecution regardless of the Acts. 203. . Civil Procedure. Sanctions. AB 3594 (We�eeland, .� Cha�ter 1062. Existing law authorizes every trial court to order a party, party's attorney, or both, to pay any reasonable expenses including attorneys fees incurred by another party as a result of bad faith actions or tactics that are frivolous - or solely intended to cause unnecessary delay. This bill, until January 1, 1999, limits the applicability of this provision to actions or tactics that arise from a complaint filed or a proceeding initiated on or before December 31, 1994. , It makes other changes to existing law regarding sanctions. LCC Wrap-Up Bulletin - 11/1/94 - 60 - Statutes of 1994 � 204. Small Claims Court. AB 2937 (Cannella). Cha�ter 971. This measure authorizes all cities and counties to file more than two small claims court actions anywhere in the state in any calendar year. In filing such actions, cities and counties would be prohibited from doing so if the amount of the claim exceeds $5,000. 205. Municipal Liability. AB 2508 ,Katz). Cha�ter 796. Under existing law, a public entity is not liable for an injury resulting from an act or an omission of an employee of that public entity where an employee is immune from liability. This measure enacts special provisions regarding governmental tort liability in actions based on intentional torts other than defamation committed by elected officials. It includes provisions requiring joinder of the elected official in order to pursue a cause of action against a public entity involved, requiring recovery of any judgment for the plaintiff first from the elected official before recovery from the public entity. It requires the public entity to pursue all available creditors remedies against the elected official in indemnification if it is required to satisfy any. portion of the judgment or pay defense costs. The bill would not apply to a criminal or civil enforcement action brought on behalf of the state by specified elected officials. 206. Tort Claims. Elected Officials. AB 2467 (Bowen, . Cha tep r 794. This bill prohibits a public entity, except as specified, from paying a judgment, compromise, or settlement arising from a claim or settlement arising from a claim or action against an elected official, if the claim or action is based on conduct by the elected official by way of tortiously intervening or attempting to intervene in, or by way of tortiously influencing or attempting to influence the outcome of any judicial action or proceeding for the benefit of a particular party by contacting a judicial official, except as counsel of record. The bill provides that if a public entity conducted the defense of an elected official against such a claim or action and the elected official is found liable, the court shall order the elected official to pay to the public entity the cost of the defense. The bill also requires the plaintiff to seek recovery of damages first from the assets of the elected official and requires the public entity to pursue all available creditors remedies against the elected official to the extent it pays any portion of the judgment or defense costs. 207. Public Entity Liability. AB 2522 (Horcher). Cha�ter 797. This measure makes several changes to existing law regarding public official liability. The measure provides that upon a felony conviction for a violation of specified offenses by an elected official for an act or omission, the elected official shall forfeit any rights to defense or indemnification with respect to a claim for damages for an injury arising from that act or omission. . The bill further provides that if a public entity pays any claim or judgment for an act or omission which constituted a felony violation of speci�ed offenses, the public entity shall recover from the elected official the amount of the payment. The measure covers acts or omissions by an elected official if she or he acted or failed to act because of fraud, corruption, or actual malice, or willfully failed or refused to conduct the defense of the malice or action in good faith. LCC Wrap-Up Bulletin - 11/1/94 - 61 - Statutes of 1994 X. PARKS AND RECREATION, CHILD CARE, COMMUNITY CARE FACILITIES CHILD CARE 208. Care Facilities. Criminal History Information. SB 1984 (Ber e�,sonl. Chapter 1267. This bill makes a number of changes to existing law relative to criminal history checks for persons operating or employed at community care facilities, residential care facilities, or employed at community care facilities, residential care facilities, and child care facilities. 209. School Age Day Care. SB 1678 (Hart, . Cha te� r 848. Under existing law, regulations adopted by the Department of Social Services impose requirements for child care centers and school age child care centers, including requirements regarding education and experience of teachers and the site director. This bill provides alternatives to these existing regulatory requirements for school age child care centers. It makes related changes to licensing requirements for school age child care centers. 210. Adult Day Care Facilities. SB 1492�Mello). Cha�ter 1121. This measure deletes the prohibition in existing law against persons and organizations other than a city or county, or certain nonprofit organizations, from operating an adult day health center. It makes related changes to existing law as we1L . 211. Child Care Centers. AB 3168 Quackenbushl. Chanter 690. This bill adds a new category of child day care . facilities; called an employer sponsored child care center. This is defined as a child day care facility at the site of the employer's business operated directly or through a private provider contract by any person or entiry having one or more employees, and available exclusively for the care of children of that employer and of the officers, managers, and employees of that employer. Under the bill, an employer-sponsored child day care center would be subject to certain . requirements of the California Child Day Care Act, except that the bill requires the Department of Social Services to allow reasonable waivers from licensing requirements to small businesses to encourage and facilitate the establishment of employer-sponsored child day care centers. 212. Child Care. AB 2981 (Hanni�an). Cha�ter 1171. This bill clarifies that, in addition to local educational agencies, various other public or private agencies may operate a state pre-school program. The bill also allows child care contractors to be reimbursed for and retain, a reserve fund up to a specified amount from monies earned but not expended which reserve funds would only be - expended for specified reimbursable, allowable expenses. This bill also allows contractors to require parents to provide diapers and to charge parents for field trip costs, under specified provisions. 213. Child Day Care Facilities. AB 243 ,Alpert). Chapter 246. nc . This bill makes a number of changes to the licensing requirements for family day care homes and for child care facility providers. COMMUNITY CARE FACILITTES 214. Community Care Facilities. SB 1368 �Peace). Chapter 1258. The author believes that better training of facility operators, a more thoughtful placement process, and a more effective way of dealing with incidents that arise in and around the facility would reduce problems experienced by communities where these facilities are located. LCC Wrap-Up Bulletin - 11/1/94 - 62 - Statutes of 1994 � This bill makes modest changes in licensing requirements for community care facilities. B 1368 requires social workers in public agencies, when placing an individual in an adult residential facility (ARF), to take into account his or her compatibility with other residents in light of inedical diagnoses and behavioral problems. � The bill extends the requirement for a procedure that ensures an immediate response to incidents and complaints to all facilities Iicensed for six or fewer, and requires that the response be in writing. The bill places into statute specific training and other requirements for operators of ARFs, patterned largely on those required of operators of residential care facilities for the elderly. MISCELLANEOUS COMMUNITY SERVICES 215. At-Risk Juveniles. AB 2743 (Cortese, , Chapter 363. Existing law requires school site councils to develop a school plan for increasing the retention rate of the school with a special emphasis on the needs of high-risk pupils. This bill requires the school site council to consult with local officials and with representatives from nonprofit organizations that work with at-risk youth, before proposing expenditure of funds available to the school through specified programs. - 216. Emergency Homeless Shelters. State Armories. AB 1808 (Areias . Chapter 1195. This bill requires certain state armories to be made available to specified cities and counties to be used as homeless shelters during the period of December 1 through March 15 each year, as a temporary measure until March 15, 1997. If severe weather conditions exist between November 1 through March 31, the Military Department may extend the use of the armories to through March 31. XI. PUBLIC RETIREMENT SYSTEMS 217. Public Retirement Systems. AB 2237 (McDonald�,, Cha feg r 46. Existing law prohibits South African investments by public retirement systems. This bill deletes that prohibition. 218. Public Retirement Systems. Supplemental Member Contributions Program. AB 2722 Cannella�, ('hapter 576. en . The Public Employees' Retirement Law closed the additional member contributions program to new participants from July 1, 1983, to January 1, 1994. The bill authorizes members of the Legislators' Retirement System and the Public Employees' Retirement System to participate in newly created supplemental contributions programs. 219. Public Retirement Systems. Benefits. Service Credit. SB 1488 �Beverlx . Cha ten r 540. This bill allows PERS local contracting agencies and the 20 counties administering retirement systems under the provisions of the County Retirement Law of 1937 (37 Act counties) to offer up to four years of extra service credit to . employees with at least 10 years of service credit as an inducement for selected employees to retire. It permits this 4 year handshake to be awarded during 1994/95, 1995/96, and 1996/97. LCC Wrap-Up Bulletin - 11/1/94 - 63 - Statutes of 1994 The four years of service credit must be expressed in whole years. The agency must also certify to the PERS Board the extent to which savings will exceed necessary payments to the Board, and the specific measures to be taken to assure that outcome. 1'he PERS Board may require the agency to provide verification of its certification through independent review. In addition, at the time the governing body has achieved savings that are more than adequate to meet the cost, or five years after commencement of the granting of service, wluchever occurs first, the governing body shall certify to the PERS Board the amount of actual savings and the measures taken to achieve the savings. The governing body shall maintain records for each worker retiring pursuant to the bill. The PERS Board may also require the agency to provide verification of this certification through independent review. The Board shall report these certifications for inclusion in the State Controller's annual report. The State Controller will conduct a postaudit to verify that the savings equal or exceed the actuarial cost of granting this bene�it. The local contracting agencies shall pay the cost of this postaudit. In addition, the bill contains the following: 1. The governing body of the PERS agency must pass a public resolution granting this bene�t to specified groups of its employees: The governing body must specify in its public resolution the departments, programs and positions which are eligible for this benefit. . 2. A PERS agency must either certify that sufficient positions have been deleted whose . total cost equals or exceeds the actuarial cost of the additional service credit granted, � OR that� all vacancies created by this bill will remain vacant for at least 5 years, and until the lump-sum actuarial cost of the additional service credit granted has been recaptured from position vacancy salary savings. 3. n � The governing body must certify that it has complied with the public notification requirements of existing law as found in Government Code section 7507. A member must qualify for retirement without this benefit. 5. A member must have at least 10 years of service credit to qualify for this Golden : Handshake. For the regular two year Handshake in PERS, the service requirement is 5 years. 6. A person taking this benefit can never be re-employed as an active employee or on a contract basis by his/her old agency. Five years after the date of retirement .under this bill, a person can :be temporarily re-employed as an annuitant. To violate these provisions would mean a loss of all the benefit granted by SB 1488. � 7. : The member must retire within 120 days after the governing body adopts its resolution. No additional senrice credit can be granted under this bill after July 1, 1997. For PERS, the retirement system must receive the full cost of the benefit granted within 5 years. The cost cannot be rolled into the existing amortization period. This payment is to include the LCC Wrap-Up Bulletin - 11/1/94 - 64 - Statutes of 1994 actuarial cost of the additional service credit granted as well as any administrative cost. The postaudit to be conducted by the State Controller will be paid for by the PERS agency. 220. Public Employees' Retirement System. SB 1527 Hughes, .�Cha�er 408. The Public Employees' Retirement Law provides that retirements allowances of state members are based upon the highest annual compensation that was earnable during any consecutive 12-month period during membership in the system which tHe member designates. This bill provides that computation -is applicable only to benefits based on service with the state. The bill authorizes contracting agencies to report average salaries for groups and classes of employment. � Existing law authorizes former members of local retirement systems under speci�ed conditions to receive credit by depositing contributions in the Public Employees' Retirement System. This bill authorizes certain former members who failed to exercise that right to receive service credit by depositing contributions. Existing law authorizes contracting agencies to provide an alternative second tier contributory retirement plan for local miscellaneous members who are covered by the federal Social Security Act if it is agreed to in a written memorandum of understanding. This bill makes a technical, nonsubstantive change in that provision. Existing law requires a spouse of a member to have been married to the member at least one year prior to the disability retirement date in order to be eligible for a survivor allowance upon the death of the member. � This bill provides that a spouse who was married to the member on the date of retirement and continuously to the date of the member's death would be eligible for a survivor allowance. Existing law, upon the death of a member, authorizes the guardian of a minor child to choose alternative death benefits for the surviving children.. 'I'his bill allows the guardian to choose a benefit that would be payable to all of the surviving children and not solely to those who are minors. This bill delete inoperative provisions. 221. Public Employees' Retirement System. SB 1570 (Hart). Cha�ter 610. The Public Erriployees' Retirement law prescribes increased special death benefits for industrial and safety members whose death arises out of and in the course of o�cial duties. This bill provides those benefits for state miscellaneous members whose deaths were a direct consequence of violent acts that arose out of and in the course of their official duties. The benefits are made available for local miscellaneous members whose employers elect to provide those bene�ts. The benefits would be applicable to acts that occurred on and after July 1, 1993. LCC Wrap-Up Bulletin - 11/1/94 - 65 - Statutes of 1994 222. Public Employees. Home Loan Program. Annuity Contracts. SB 1727 �Hug es�. Chanter 1094. en . The California Constitution provides that the Board of Administration of the Public Employees' Retirement System has plenary authority and fiduciary responsibility for investment of moneys and administration of the system subject to the Legislature's authority to prohibit certain investments under specified circumstances. The Public Employees' Retirement Law authorizes members to obtain home loans secured by, both the purchased home and a portion of the member's individual retirement account. This bill revises member home loan program provisions to provide that 95% of the loan be secured by the purchased home and not to exceed 5% be secured by the members accumulated contributions and vested accrued benefits. The changes would be deemed to have become operative on November 1, 1993. , 223. Public Officers. Suspension of Retirement Allowances. SB 1882 -(Cam�bell), Cha ten r 991. Under existing law the eligibility of public officers for retirement benefits in public retirement systems is governed by the separate provisions of the various retirement statutes, laws, charters, and plans. This bill suspends the public retirement allowance of any past or present public officer against whom speci�ed felony charges are pending in either a state or federal court, who has a legal obligation to not leave the jurisdiction of. the court, and who leaves that jurisdiction, during the period of that absence. This bill applies to persons who served in a public office prior to January 1, 1995, as well as to persons who serve in a public off'ice on or� after January 1, 1995. The bill provides that its provisions are severable and those provisions that may be given effect would do so even if other provisions are held invalid. 224. Local Agencies. Elective Members. Benefits. SB 1893 Leslie). Chapter 615. Existing law permits the'legislative body of a local agency, as defined, to provide for the continuation of any health and welfare benefits for the benefit of former elective members of the legislative body after January 1, 198�1, subject to specified conditions. � , This bill provides that: 1. A legislative body that provided those benefits to former. elective members before the effective date of the bill shall not provide those benefits to any person first elected to a term of office that begins on or after January 1, 1995, unless the recipient participates on a self-pay basis or was fully vested prior to January 1, 1995, as specified. 2. A legislative body, that did not provide those benefits to former elective members before January 1, 1994; shall not provide those benefits to former elective members after- January 1, 1994, unless the recipients participate on a self-pay basis. � 3. A legislative body that provided benefits to former elective members before January 1, 1994, may continue to provide these benefits to these members who received those benefits before January 1, 1994. LCC Wrap-Up Bulletin - 11/1/94 - 66 - Statutes of 1994 � 225. Public Retirement Systems. Investment in the African Development Bank. SB 1459 (Watson). Cha.pter 1084. This bill allows any public retirement system to invest in securities guaranteed by the African Development Bank, the Asiaa Redevelopment Bank, the Caribbean Development Bank, the Inter-American Bank, the International Finance Corporation, the Intemational Bank for Reconstruction and Development and any other intemational financial institution that has met the payments of similar bonds, notes; or other obligation when due and in which the U.S. is a member. XII. PUBLIC SAFETY, FIRE PROTECTION, EMERGENCY SERVICES 226. "911" Services. SB 1630 Hart). Chapter 612. This bill requires all phone service providers to include and maintain "911" services to all customers and would prohibit termination of "911" service for nonpayment or delinquent payment. 227. Adult Entertainment. SB 1863 (Le lie). Chapter 597. 1'his bill allows local governments to regulate adult entertainment establishments pursuant to a content neutral zoning ordinance. It places stipulations on the specific requirements of the ordinance and provides it can not apply to a theater, concert hall, or similar establishment. 228. Alcohol. Licenses. AB 463 (Tuckerl. Chapter 627. This bill allows the Department of Alcoholic Beverage Control (ABC) to place additional conditions on existing licensees for specific violations. It places a moratorium on the issuance of new beer and wine licenses in over-concentrated areas. It removes the ability of licensees to avoid suspension by paying fines for two violations of sales to minors in any 36-month period. It increases licensing and renewal fees, among other things. 229. Alcoholic Beverages. Enforcement. Funding. AB_987 Tucker, . Chapter 628. This bill appropriates $900,000 for local training grants for alcoholic beverage enforcement by local law enforcement. It appropriates an additional $2.6 million for added state enforcement of ABC laws. 230. Alcoholic Beverages. Over-Concentration. AB 2897 (Caldera). Chapter 630. This bill bars the ABC from issuing a license to sell alcoholic beverages in areas of undue concentration without the permission of the local agency. It bars the issuance of a license if the issuance would tend to create a law enforcement problem. 231. Alcoholic Beverages. Minor Decoys. AB 3805 (Richter�, Chanter 1205. ene . This bill requires the Department of Alcoholic Beverage Control to adopt formal regulations for the use of minors as decoys in alcohol sting operations. It clarifies the legality of the use of minors for this function. 232. Alcoholic Beverages. AB 2742 (Lee, . Cha�ter 629. This bill requires the Department of Alcoholic Beverage Control (ABC) to notify city planning agencies of the potential transfer of a license to that jurisdiction. It allows any law enforcement agency to request an extension of an additiona120 days beyond the existing 30-day waiting period. The bill requires ABC to notify a protesting public agency in writing if it intends to issue a license over protests of that agency. It requires licensees upon noti�ication of a public agency to take "reasonable steps" to conect objectionable conditions that occur on any public sidewalk abutting a licensed premises. It makes failure to take reasonable steps an additional ground for suspension LCC Wrap-Up Bulletin - 11/1/94 . - 67 - � Statutes of 1994. or revocation of the license. It allows ABC to impose additional conditions relating to signage, graffiti removal, sidewalk cleaning, and advertising on establishments upon the request of a local agency. 233. Ammunition Sale Possession. AB 2449 (.Alpert, . Cha ter 714. This bill bars the sale of ammunition to a minor under 18 years of age. It requires gun wholesalers to see proof of licensure of California gun dealer prior to the sale, delivery or transfer of a weapon. It provides the same prohibition to importers and manufacturers of firearms. 234. Anatomical Gif�s. AB 3111 �A , iar, . Cha�er 211. This bill provides that donor pernussion searches are �secondary to provision of emergency medical services provided by ambulance and emergency medical personnel. 235: Arson. AB 2336 ,Katz). Chapter 420. This bill creates the Arson Information Reporting System to compile data regarding arson incidents in a common statewide computer system. 236. Arson. SB 1309 (Craven, . Chapter 421. Urgencv. This bill creates the� crime of aggravated arson and stipulates the penalties therefore. It adds enhancements for severity of damage, repeat offenders, and intent to harm persons or property for aggravated arsonists. 237. Arson. Registration. AB 8�Hoge�. Chanter 11. 1993-1994 First Extraordinary Session. This bill requires the mandatory registration of all convicted arsonists. It extends registration obligation of juvenile offenders to 10 years post conviction, regardless of age or release from detention facility: 238. Arson. Rewards. AB 325 ($her . ChaQter 243. This bill establishes an 800 telephone number for reporting arsonists during a fire season. Adds arson to the list of crimes for which the governor can offer a reward up to $50,000, for information. 239. Asset Forfeiture. A:B 114 ,Burton). Chapter 314. UrEe�. This bill reinstates the asset forfeiture provisions which expired January 1, 1494 with modifications. It requires seized property to be sold rather than used by seizing agencies.. Jointly owned family residenees would be exempt from forfeiture. � 240. Automatic Teller Machines. Crimes. SB 2098 (Ha den . Chapter 919. This bill ups the penalties - for: robberies committed in connection with ATM customers. It increases sentences and makes other changes. � i , - . 241. Bail. Violent Felons. AB 59 (Alpert, . Chapter 58. 1993-1994 First Extraordinary Session. This bill requires a formal bail hearing before release for all persons arrested for stalking, spousal abuse and other crimes. � 242. Battered Women. Funding. AB 167 �B. Friedman .1 Chapter 140. � This bill enacts the Battered Women Protection Act of 1994 to establish a comprehensive shelter-based services program. 243. Bicycles. Peace Officer Exemption. AB 2499 (Murrax . Ch�ter 357. This bill exempts bicycle peace officers from violations of the Vehicle Code while engaged in emergencies, rescues and pursuits. ' � LCC Wrap-Up Bulletin - 11/1/94 - 68 - Statutes of 1994 ;, 244. Booking Fees. AB 2735 (Pring�lg). Cha� r 1. This bill allows cities to enter into agreements to provide to other arresting agencies the booking or processing of persons. It specifies that cities may establish and collect an administrative fee pursuant to the same standards under existing law to recover a criminal justice fee from an arrested person processed by that agency. It makes other technical changes. 245. Carjacking. AB 1328 (ET le). Chapter 1263. This bill creates a presumption against probation as an option for persons with two prior auto theft convictions. It requires local law enforcement to disclose certain information regarding the crime of carjacking. It makes changes relating to child homicide enhancements. 246. Child Molesters. One Strike. SB 26 (Bergeson�. Chapter 14. 1993-1994 First Extraordinarv Session. This bill applied the sentence of 25 years to life for those convicted of sexual molestation of children- under 14 years. It bars probation for those convicted of criminal acts upon victims 14 years and under. It adds various crimes and circumstances where these enhanced sentences could apply. 247. Child Abuse. AB 27 (Speier�. Chanter 47. 1993-1994 First Extraordinary, Session. This bill increases the. sentence to 15 years to life, for any person having care or custody of a child under 8, who assaults using force causing death. It makes other changes. 248. Community Corrections. AB 99 (Rainey�. ChaFter 41. 1993-1994 First Extraordinary Session. This bill establishes the Communiry-Based Punishment Act of 1994. It sets standards for potential non- violent participants in program. Implementation is contingent upon funding from legislative or other sources. 249. Crime. Attempted Murder of a Peace Officer or Firefighter. AB 2433 (E�ple . Chapter 793. This bill makes murder or attempted murder of a police officer or firefighter while in the course of their duty subject to life without parole. 250. Crimes. Stalking. AB 3730 �, mberg, .) Cha�ter 931. This bill clarifies that incarcerated persons � can be prosecuted for the crime of stalking even while in prison. 251. Crimes. Sentences. AB 3191 (Murrax . Chapter 800. This bill clarifies that crimes involving sexual assault committed in another jurisdiction will count towards additional sentence enhancements regarding prior convictions. 252. Crimes. Rewards. AB 1551 (Enn^). Chapter 880. This bill adds the crimes of attempted lst or 2nd degree murder of a peace officer or firefighter and the burning or bombing of private property to the list for which the govemor may offer a 550,000 reward. 253. Crimes. Looting. AB 2965 (Escutia, . Chapter 290. This bill allows the court to require community service to anyone granted probation following the conviction of the offense of looting. 254. Crimes. 911 Calls. AB 2741 ,Cannella, . Chapter 262. This bill makes annoying or harassing calls to 911 a new crime and makes those convicted liable for costs incuned by local agencies. LCC Wrap-Up Bulletin - 11/1/94 - 69 - ' .._ Statutes of 1994 255. Cr'imes. Emergency Communication. SB 522 (Kopp�• Chanter 217. This bill expands the scope of the crime of interference with emergency communication to include interfering with emergencies over amateur radia 256. Cnminal Law. Sex Offenses. AB 2261 (Peace Chapter 446. This bill adds kidnapping with the intent to commit the crimes associated with "habitual sexual offenders" to the 25 years provisions and prohibits parole until after 25 years of incarceration. . . 257. Criminal Records Check. School Volunteers. AB 3457 ,Harvey�. Cha,�ter 1021. This bill authorizes a school to request a local law enforcement agency to run a criminal background check on prospective non-teaching volunteers to ascertain information regarding sex offense convictions. 258. Disabled Placards. - Spaces. SB 1378 lKo�p� Cha�ter 221. This bill allows for the enforcement of parking restrictions in private disabled spaces and the ticketing and towing of vehicles displaying . a lost or stolen placard. It allows the court the discretion to suspend $150 of the $250 fine for par:king in a disabled space. 259. _ DNA. - Fines. AB 304 (Conroy�. Chapter 866. This bill requires the Department of Conections to provide paroled sex offender DNA samples to the county in which the offender is to be released. It also increases fines for sex offense convictions to pay for sex offender programs and DNA testing costs. 260. Domestic Violence. Registry. AB 3034 (Solis): Chapter 872. This bill establishes a Domestic Violence Restraining Order Registry to be transmitted on tfie California Law Enforcement : Telecommunications System. Local agencies shall transmit to the Department of Justice specified information regarding protective orders. State and local agencies shall be proportionally.reimbursed for ;costs incurred. The bill makes an`appropriation_ to cover certain costs. . 261. Domestic �olence. AB 93 (Burton). Chapter 28. 1993-1994 First Extraordinar,y Session. This bill incr'eases fines and penalties for convicted batterers. It ,adds conditions ,to probation of certain offenders. It requires court to order mandafory treatment for batterers who cohabitate with victim upon release. . 262. Drivers License Suspension. AB 79 (Frazeel. Chapter 38 1993-1994 First Extraordinary Session. This bill requires DMV to suspend or delay the driving privileges for 6 months of any person convicted of specified controlled substance violations. 263. Drug Ot�'enders. AB 3409 (Umberg), Chapter 1020. This bill.provides that convicted drug offenders who come onto any school grounds after being asked to vacate the premises by a school off'icial or public safety officer are guilty of a crime with specified penalties. 264. Drug and Alcohol Testing. Drivers. SB 2034 (Ayala, . Cha�ter 832. This bill implements federal requirements establishing drug and alcohol testing procedures for all drivers required to have a commercial license. It requires employers of 50 or more impacted employees to implement this program by 1/1/95. Those with less than SO employees have until 1/1/96. It allows an exemption for drivers of fire apparatus if the employer provides a substance abuse detection policy for fire � truck drivers in place prior to 1/1/95. LCC Wrap-Up Bulletin - 11/1/94 - 70 - Statutes of 1994 265. Emergencies. Crimes. �.B 1346 Robertil. Chavter 981. This bill allows 7 days for a defendant to be charged with a felony rather than 2 days, in azeas where an emergency has occurred. 266. Emergencies. Price, Gouging. AB 36 (KatzZCh�pter 52 1993-1994 First Extraordinarv Session. This bill sets rules and regulations for the sale of goods and services during times of declared emergency. It provides for penalties and standards during times of emergency. 267. Emergency Response. Liability. AB 3274 �Prin�le). Cha te�. This bill authorizes multiple public agencies to designate a single participating agency to bring action against a negligent party involved in fire suppression, rescue or emergency medical action. 268. Emergency Medical Services. AB 3123 (Klehs, .Lha�ter 709. This bill reauthorizes the expiring . provisions regarding the certification and license renewal of EMT-P's. It requires the statewide examination designated by the State Emergency Medical Services Authority be the single sufficient examination and licensure required for practice as an EMT-P. It makes other substantial changes regarding discipline and continuing education requirements for competency of EMT-P's. 269. Felons. Firearm Possession. AB 91 �Burton� Chapter 27 1993-1994 First Extraordinary Session. This bill makes the possession of a firearm by persons convicted of certain offenses a wobbler by creating the new crime of criminal possession of a firearm. 270. Fire Safety. Roofing material. AB 3819 W. Brownl. Chanter 843. en . This bill makes numerous changes to the code governing very high fire hazard severity zones. It requires a Class B roof standard within state responsibility areas and a Class A roof standard within very high fire hazard severity zones. These changes would be effective on July l, 1995. 271. Fire Sprinklers. AB 2646 (Goldsmith). Chapter 185. This bill allows an owner builder to install fire sprinkler systems in an owner occupied single family dwelling. 272. Fire Protection. Signage. SB 1777 (Thompsonl. Cha_pter 1292. This bill requires owners of buildings two stories in height which contain three or more dwelling units to provide emergency procedure information to tenants if at least 25 percent of the occupants speak a language other than English. Building owners may provide the information through the use of pamphlets, brochures, video tapes or other means stipulated by the state fire marshal. 273. Firearms. Licensing. AB 3410 B. Friedman�. Cha�ter 715. This bill requires firearm dealers to maintain and make available a firearms transaction record for inspection by requesting peace officers during business hours. It sets policies and rules regarding f rearm licensing procedures in reference to gun dealers. 274. Firearms. Enhancements. AB 13 ,Solisl Chapter 31 1993-1994 First Extraordinary Session. This bill increases to 10 years, the enhancement for possession or use of armor piercing ammunition in the commission of a crime. It increases penalties for wearing bullet proof attire while committing a crime. It makes other sentence enhancements available for the use of weapons in connection with crimes. LCC Wrap-Up Bulletin - 11/1/94 - 71 - Statutes of 1994 275. Firearms. SB 1308 (Peace�,, Cha ter 716. 'This bill requires the attomey general to maintain a registry of additional information relating to firearm licenses, transfers, etc., as to concealable weapons. It allows concealed weapons pemuts to be issued in a laminated encasement. It requires retailers of firearms to maintain inspectable transactions records for local law enforcement usage. >� 276. Firearms. Possession by Minors. AB 3499 (O'Connell, . Chapter 717. This bill bars minors from possessing firearms or ammunition, with certain exemptions. It provides for community service and suspension of driving privileges for violations. 277. Firearms. AB 2470 Raine,yl. Cha�ter 451. This bill adds gun trafficking to the applicatioa of the Street Terrorism Enforcement and Prevention Act. It prohibits probation for those who sell weapons illegally to criminal street gang members. It requires minors who possess a pistol or other concealable firearm be ordered to perform a� minimum of 100 hours, and not to exceed S00 hours of community seivice. It bars the sale, transfer, or loan of a firearm to a minor with certain exceptions. It makes numerous technical changes. _ 278. Forfeiture. Drug Lab Science Equipment. �B 937�Ki'llea). Chapter 979. This bill allows a law enforcement agency to transfer confiscated uncontaminated drug lab equipment to schools for science classroom use instead of destruction. „ . 279. Graffiti Abatement. SB 302 (McCor4uodale . Chapter 910. This bill specifically authorizes local gov;ernments to adopt ordinance to place a lien against properiy owned by the parent or guardian of minors convicted of gr�ti offenses. It sets procedures for the placement, abatement and sati"sfaction of the lien. It deletes reference to graff ti removal from "permanent structures" and applies law to all public and private structures. ;, 280. Graftiti. AB 2240 McDoriald). Chanter 1249. This bill`establishes the State Gr�ti Clearinghouse within the O�ce of Criminal Justice Planning to assess the costs of graffiti abatement and to award � grants to effective local programs. _ � _ � 281. GratTti. SB 5g3 lLewis, . Chapter 911. This bill expands the list of potential graffiti instruments which will be a misdemeanor to possess with intent to commit vandalism or graffiti. �� , ' 282. Graf�'iti. Liability. SB 1779 Bergeson Cha�ter 909. This bill increases maximum parental liability for damage done by a minor to $25,000, with an adjustment for inflation. It requires the imposition of restitution for damages caused by acts of vandalism. It increases penalties and fines for various actsi of vandalism. - . 283. Gun-Free School Zone Act of 1995. AB 645 (Allenl Chapter 1015. This bill enhances penalties for knowing gun possession within 1,000 feet of school grounds. It also increases penalties for discharge of firearms on or near school property. � � 284. Guns and Ammunition. AB 482 (Peace). Chapter 23. This bill removes probation as an option for certain crimes relating to the, sale of firearms and ammunition to certain people. It bars sales of concealable weapons to minors under certain circumstances. ,- . LCC Wrap-Up Bulletin - 11/1/94 - 72 - Statutes of 1994 285. Harmful Material. Vending Machines. AB 171Peace). ChaFter 38. This bill makes it a nusdemeanor to offer adult material through unsupervised coin-operated vending machines. 286. Home Detention. AB 152 Rainex .) Chapter 770. This bill establishes rules governi.ng privately operated electronic home detention programs. It requires county parole officials to disclose, upon request, or the city police chief, the names, addresses and original charges filed against participants located with the community. It requires monitoring centers to obey local zoning requirements. 287. Inmate Medical Expenses. SB 163 (Presley . Cha�ter 1070. This bill allows local conection officers to charge a fee for each inmate-initiated medical visit while incarcerated. Moneys collected would go toward the city's or county's general fund. 288. Juvenile Records. AB 234 �,HarveX). Chapter 835. This bill prohibits the sealing of juvenile records for certain criminal court convictions. 289. Juvenile Justice Task Force. AB 2428 (Epple�. Chapter 454. This bill creates the Juvenile Justice Task Force to review juvenile crime and punishment. The task force is to analyze and report upon all aspects of the juvenile justice system, making specific suggestions for reforms and constructive solutions. 290. Juveniles. Graffiti. AB 2595 Connolly). Chapter 575. This bill requires a minimum of 24 hours of community service for conviction of possession of a destructive implement with intent to commit graffiti or affixing gr�ti by a minor. It requires a parent or guardian to be present at the community service site for at least half of the service period. 291. Juveniles. Adult 'Ii ials. AB 1948 (Connolly,). ChaQter 448. This bill provides court jurisdictional rules for a variety of circumstances not covered by current law relating to minors found unfit to be tried in juvenile court. 292. Juveniles. Release of Records. AB 3786 (RaineX ,) Cha�ter 215. This bill allows for certain juvenile records relating to crimes of vandalism and crime against properry to be disclosed to school district employees from local law enforcement. 293. Juveniles. Incarceration. SB 23 (Leonard) Chapter 15 1993-1994 First Extraordinary Session. This bill bars Youth Authority incarceration for juveniles convicted of specified violent or serious felonies if sentenced to life or a period of years which when added to the age of the youth, would exceed 25 years. It provides persons under 16 shall not be incarcerated in state prison. 294. Juveniles. AB 560 (Peace�. Chapter 453. This bill lowers the age at which juveniles may be incarcerated in state prison from 16 to 14 years. It allows the juvenile court to declare a 14-year-old unfit to be tried as a juvenile for certain offenses. 295. Juveniles. AB 1180 (Ep�le). Chapter 450. This bill requires probation officers to cause an investigation within 48 hours of certain juvenile activities to be reported to the district attorney. 296. Juveniles. Incarceration. AB 45 (Andall Chapter 23 1993-1994 First Extraordinary Session. This bill allows for juveniles, 16 and older who have committed speciiic violent crimes, to be housed in LCC Wrap-Up Bulletin - 11/1/94 - 73 - Statutes of 1994 adult detention facilities, if that minor would be a threat to other juveniles or staf£ I�acarceration in an adult facility is allowed only upon agreement of sheriff and sha11 be on a case-by-case basis. 297• Juveniles. Curfews. AB 3797 (LTmberg). Chapter 810. This bill allows local law enforcement to detain any minor to enforce a local juvenile curfew ordinance. It requires a waming be issued for a first offense, with notification, to parents or guardians. It allows local law enforcement to collect a fee to recover their actual cost of detaining and transporting minors to their residences. It allows the imposition of community service in lieu of the potential fees. It provides for judicial review of the fee, as specified. 298. Juveniles. Boot Camps. � AB 3731 (Umberg Cha�ter 1256. This bill authorizes counties to contract with the military department to operate a boot camp for juvenile offenders. It allows for rei�mbursement. � 299: Juyeniles. Restitution. AB 1629 Karnette ha�ter 836. 1'his bill revises notification of potential liability of parents or guardians of minors accused.of criminal conduct. It requires court restitution orders to identify specifc losses for which the restitution pertains. It requires victims to receive notice of the specific facts regarding the order. It creates the rebuttable presumption that parents are jointly and severally liable for potential restitution orders. 300. Kidnapping. AB 19 (V. Brown). Chapter 18 1993-1994 Fir t Extraordinarv Session. This bill incieases penalties for kidnapping when the victim is under 14 years of age. :,; 301. Liability. Health Clinics. AB 600 (Speier . Chapter 1193. This bill makes illegal and adds the tort of commercial blockade to the act of intentional preventing the ingress and egress of a health care facility. It .also requires the court to safeguard the privacy of patients and_ health care workers. ;; . . a 302. Mandatory AIDS Testing. Sex Ofi'enders. AB 2815 (Boland). Cha�ter 121. en . This bill requires the court to order every person convicted of certain sex offenses to submit to a blood test for:`AIDS. It requires the prosecutor to refer any potential victim to the local health officer. ; 303. Parental Liability. Minors. AB 30g (Andal�. Cha�er 568.. This bill increases from $10,000 to $25,000 the parental liability for any act of wilful misconduct by a minor which results in property damage, personal injury or death. 304. Parole. Release. SB 1736 (Greene), Chapter 904. This bill redirects parole authority to consider the,' impact on the victim and the safety of the community for releases of parolees to a county other than the county of origin. Consideration shall also be given to the existing out-of-county parolee load borne by the potential county of release. � 305. Peace OfTicers 'IYaining. Fees. AB 1329 (E�ple . Chapter 43. This bill allows the Commission on Peace Officer Standards and Training (POST) to charge appropriate fees for the examination of applicants for peace officer status who are not sponsored by public agencies. It establishes an institute for investigators of arson, auto theft, homicide, and narcotics. It requires POST to revise and, develop regulations for the law enforcement accreditation program before 6/1/95. �, LCC Wrap-Up Bulletin - 11/1/94 - 74 - Statutes of 1994 306. Penalty Enhancements. Suspended and Revoked Licenses. AB 2416 (,Napolitan�, Cha�ter 253. This bill adds driving on a suspended or revoked license and refusing to take a sobriety test to various lists as prior convictions for enhanced penalties. It increases jail time for certain related offenses. � 307. Poison Control. SB 1683 (Thom�son�, Chapter 1143. This bill allows counties with a 4/5 vote of the board of supervisors to distribute funds from the existing emergency medical services fund for the function of funding poison control centers. 308. Prisoners. Restitution. AB 876 (Collins). Chapter 634. This bill requires the Director of Corrections to deduct a minimum of 20 percent of the wages of a prisoner who owes restitution from the wages and trust accounts deposits of a prisoner to be deposited in the Restitution Fund. 309. Profits of Crime. SB 1330 alderon). Chapter 556. Urge�. 1'his bill requires profits derived from the notoriety gained from the commission of a crime to be transferred to the Victims Restitution Fund to compensate victims of the specific crime as well as other victims. It makes other changes. 310. Propane Storage. SB 1911 lThompson, . Chanter 1293. This bill requires the state fire marshal to develop regulations for �the storage and operation of propane tanks of over 18,000 gallons. It requires the state to develop a training curriculum for safe storage and operation of propane systems. 311. Protective Orders. SB 1278 (Hart . Chapter 871. Among other issues, this measure bars persons subject to a protective order from possessing a�irearm while the order is in effect. It allows local law enforcement to charge a fee for storage of the weapon or to sell it to a licensed �rearms dealer under certain circumstances. 312. Public TYansportation. Crimes. SB 1501 �Mark�. Cha�ter 541. This bill prohibits carrying hazardous materials, urinating or defecating, blocking passengers, skateboarding, etc., when entering a transit station or vehicle. 313. Repeal, Inmates Bill of Rights. SB 1260 ,Presl�y„ . Cha.�ter 555. This bill conforms the California law with federal law regarding the rights of inmates. It removes the ability of prisoners to receive pornography and requires a$3 fee for an inmate to generate a civil lawsuit. 314. Repeat Offenders. AB 3220 (Connolly�. Chapter 730. This bill provides comprehensive social services for youth authority wards who are 15 and under for the first conviction. It provides intervention strategies for minors and their families as a 3-year pilot project. 315. Restitution. AB 3169 (Hoge). Chapter 1106. �,Trgencv. This bill broadens the scope of potential restitution to include �ny economic loss incurred by victims or witnesses used to prosecute any defendant. It provides that a restitution order is enforceable as a civil judgment. It specifies that governmental entities, among others, may receive restitution. It makes other changes. 316. Restitution. Sex Ot%nses. AB 25 ,Andall. Chapter 46. 1993-1994 First Extraordinarv Session. This bill includes misdemeanor sexual offenses to the list of crimes for which restitution may be required. LCC Wrap-Up Bulletin - 11/1/94 - 75 - Statutes of 1994 It makes additional conforming changes regarding restitution for certain offenses. 3.17. Robbery. AB 779 Burton�, Chanter 789. This bill add sentence enhancements for robbery in the lst degree committed by multiple assailants. � 318. Search and Seizure. AB 16Q (W. Brown�, Chapter 34. 1993-1994 First Extraordinary Session. This bill expressly pernuts theater owners to detain persons suspected of recording or attempting to record images or sounds from video or live performances. It also expands definition of this crime. 319. Sex Offenders. Registration. AB 1211 (Raingy,l. Cha�ter 864. This bi1T provides enhanced penalties for convicted sex offenders who fail to register with law enforcement_agencies. 320.. Sex Offenders Registration. AB 2500 (Alby). Cha ten r g67. This bill provides for a data base of sez offenders who were originally charged with offenses relating to minors to be available to the public, with restrictions. It establishes a"900" number for the dissemination of information. It provides enhanced penalties for failure to register as a sex offender. . 321. Sex Offenses. AB 3707 (Boland . Chapter 878. This bill provides that any person who commits a sex act upon any child who is 14 years old or less and 10 or more years older than the victim is guilty of aggravated sexual assault of a child, punishable by 15 years to life in state prison. 322. Sex Offenders. AB 29 (Rainey . Cha�ter 60. 1993-1994 First Extraordinary Session. This bill increases potential fines for sex offenders and bars probation for those convicted of certain sex offenses against children and those with multiple sex offense convictions. It allows limited exemptions under various conditions. 323. Sex Offenses. AB 1029 (Ep l�e). Chapter 447. This bill provides for a minimum.sentence of 25 years to life for certain sex offenses, specifically any habitual sexual offenders convicted of certain crimes. 324. Sex Of%nders. SB 59 McCorquodale). Chapter 11$8. This bill adds spousal rape to the list of sex offenses under certain circumstances. It stipulates penalties and enhancements. 325. Sex Offender Registration. AB 3513 (Umberg�. Cha,pter 865. This bill requires lifetime registration with law enforcement for certain sex offenders with yearly address verification. It makes wilful : failure to register as a sex offender a felony rather than a misdemeanor. 326._ Sex Ot�'ender. Registration. AB 3456 (Harvey). Chapter 863. This bill extends the requirement that a sex offender required to register with local law enforcement due to a juvenile court conviction shall continue to register beyond the age of 25 years. It makes other significant changes to sex registration requirements for offenders. 327. Sexual Assault of Children. AB _3273 (Umberg,). Cha teR r 876. This bill creates a statewide Special Unit on Child Exploitation and Assault to take a proactive role in the investigation and prosecution of preferential child molesters and sexual exploiters. It allows for interagency cooperation among law enforcement units. LCC Wrap-Up Bulletin - 11/1/94 - 76 - Statutes of 1994 328. Sexual Assault. HIV Testing. AB 109 ,Martinez,� Cha�ter 20 1993-1994 First Extraordinary i n. This bill allows the court to order a search warrant to mandate HIV testing of defendants accused of sexual offenses by others who were the victims of an uncharged sexual offense which the court determines with probable cause, could merit charges. 329. Spousal Rape. SB 18 (Killea) Chapter 43 1993-1994 First Extraordinary Session. This bill expands the required county jail time for repeat convictions of spousal rape within a certain time period as � a condition of parole. 330. Stalking. AB 95 Burtonl Chapter 12 1993-1994 First Extraordinarv Session. This bill requires the Department of Corrections to give �15-day notice to the victim of the potential release of anyone convicted of stalking.. It extends notice requirement to witnesses, family members and others. It provides co�dentiality of documents. 331. Street Gangs. SB 480 ,McCor�uodale, . Chapter 47. Urgencv. This bill enhances the basic penalties for involvement with a criminal street gang. It also expands the list of crimes to which the Street Terrorism Enforcement and Prevention Act applies to include carjacking, mayhem, among other crimes. 332. Tax Evasion. Gas Tax Revenues. AB 3375 (Klehs, . Cha�ter 975. This bill imposes an additional penalty of $2 per gallon for each gallon of fuel sold without payment of tax. Proceeds would go towards prosecuting agencies and for motor fuel account. 333. Three Strikes You're Out. AB 971 (Jonesl. Chapter 12. Ur�,encX. This bill requires a sentence of 25 years to life upon any third felony conviction of individuals with two prior serious or violent felony convictions. It doubles the minimum sentences for subsequent felony violations of those with prior convictions. 334. Undocumented Felons. SB 1314 (,Tohannessen). Cha ten r 567. This bill requires transfer of undocumented alien felons in the Department of Corrections and in the California Youth Authority to be transferred to the U.S. Attorney General. It deletes the requirement for refenal to the INS. It makes other technical changes and establishes reporting requirements. 335. Undocumented Aliens. Corrections. AB 1874 �Polanco, . Cha ten r 566. This bill applies reporting, refenal and deportation procedures regarding undocumented alien prisoners to the California Youth Authority as well as the Department of Corrections. It requires transfer of undocumented felons and wards to the custody of the Attorney General of the United States within 48 hours of establishment of the identifying information. 336. Utilities Disclosure. AB 2333 ,Morrow�, ChaFter 112. This bill requires telephone, gas and electric utilities to provide district attorneys with specific data regarding customer information in cases involving child abductions. 337. Vehicle Thet�. Prosecution. SB 1743 �Lock�,erl�Chapter 1248. This bill provides that the existing $1 per vehicle insurers fee paid by insurers in the state shall be used for increased investigation and prosecution of automobile theft. LCC Wrap-Up Bulletin - 11/1/94 - 77 - Statutes of 1994 338. Vehicle Alarm Systems. AB 2860 Frazee). Chapter 516. This bill makes the use of a code grabbing device to disarm a car alarm with intent to use to commit an unlawful act a crime. ` 339. Vehicles. Parking. AB 3092 ,Goldsmith, . Cha�er 269. This bill continues the .assessment of $2 for very $10 of parking fines and penalties imposed by counties. 340. Vehicles. SB 1758 Ko�p, Cha�ter 1221. This bill makes significant changes to the law governing driving without a license, and driving with a suspended or revoked license. It allows for a 30-day impoundment of the vehicles of individuals apprehended while driving under certain circumstances. 341. Vehicles. SB 1741 (Kopp). Chapter 675. This bill shortens from 48 to 24 hours the time requirement that a police agency reporting a stolen velucle has to inform the original owner by telephone followed by written notice of the recovery or location of that vehicle. It adds an additional condition for which the DMV would be barred from automatic renewal of a person's drivers license. 342. Vehicles. Drivers Licenses. Forfeiture. .AB 3148 (Katz, . Cha�ter 1133. The Safe Streets Act of 1994 allows for the forfeiture and sale of vehicles of persons found guilty of multiple convictions of driving on a suspended or revoked license. It requires notice and protections for lien holders of jointly owned vehicles. It sets procedures for the impoundment and forfeiture of vehicles and disbursement of potential proceeds. 343. Vehicles. Forfeiture. AB 3642 Rainey . Chapter 894. This bill expands to the cities within and the counties of Alameda, Contra Costa, Sacramento, and San Francisco, the ability to declare vehicles involved in prostitution to be forfeited under certain circumstances. 344. Violent and Sexual Offenders. SB 12 (Thom�son). Chapter 6. 1993-1994 First Extraordina;,X i n. Urgen�. This bill establishes a special force under the Serious Habitual Offenders Program (SHOP) to pursue and prosecute potential SHOP cases. It also creates a Violent Crime Information System and Network to be added to the California Law Enforcement Telecommunications System. It makes substantial appropriations to fulfill these new duties. 345. _ Worktime Credits. AB 2716 (Katz). Chapter 713. SJrgencv. This bill limits to a maximum of 15 percent of worktime credit that may be earned by a person convicted of .a violent felony. XIII. PUBLIC WORKS, INFRASTRUCTURE, PUBLIC CONTRAC"TS . 346. Highways. Tourist Signs. AB 2339 (O'Connell�. Cha te� r 572. This bill allows for the placement of tourist oriented directional signs in rural areas. It bars placement of these signs within the boundaries of a city or to -promote gambling. It sets fees and regulations for placement, operation and standards. 347. Works of Improvement. AB 3357 (Goldsmith�. Chapter 974. This bill shortens from 90 to 20 days the time required to be given by a claimant of a public works preliminary bond notice. It allows subcontractors also to be the principal upon any payment bond. It allows alternative notice provision to be applicable to enforce a claim upon a payment bond of a public work. LCC Wrap-Up Bulletin - 11/1/94 - 78 - Statutes of 1994 � 348. �Yaffic Control Signals. AB 3418 (Weg eg land). Chanter 1297. This bill requires new or upgraded tr�c signal controllers to be capable of two-way communication after 1/1/96. 349. Bonds. Surety Insurers. AB 3493 ,Cortese). Cha�ter 487. This bill makes minor technical changes to the requirements of surety insurers to make financial statements. _ 350. Public Contracts. Retention Funds. AB 2105 Knowles, . Cha�ter 1271. This bill allows persons licensed under the Escrow Law in the Financial Code, in addition to the State Treasurer or chartered banks, to be designated as the escrow agent for retention funds on public works contracts upon approval of the public agency. 351. Public Contracts. Participation Goals. AB 3074 Martinezl. Ch�ter 210. This bill requires local agencies to accept the minority and women business cert�cations made by state agencies. It allows local agencies to impose additional conditions for certification. XIV. TRANSPORTATION 352. Highways. Environmental Mitigation. AB 2398 (�otch). Chap�er 944. This bill appropriates $887,000 to make grants to mitigate the adverse environmental impacts of existing and future transportation facilities. - 353. Congestion Management Programs. AB 1963 (Katz, . Chapter 1146. Tliis bill revises congestion management programs in various technical areas. It requires Caltrans to collect and analyze state highway congestion data and to make it available to responsible agencies. It adds new definitions and incorporates new program elements. 354. Congestion Management. 'I�ip Reductions. SB 1134 (Russell�, Chapter 534. This bill requires employers in the South Coast Air Quality Management District to give employees notice of proposed trip reduction plans prior to their submission to the air quality agency. It makes other changes regarding options of the agency for clean air trip reduction. � 355. Hazardous Waste 'h�ansportation. SB 1524 (Wri�htl. Cha ten r 73g. This bill makes significant changes to provisions governing hazardous substances transportation relating to inspections by state agencies. It revises definition of "container" and "rolloff bin" for hazardous substances. It makes other changes. 356. Highways Toll Demonstration Project. AB 713 ,Goldsmith�, Chap�er 962. This bill allows for a demonstration project regarding the use of the I-15 corridor for non-high occupancy vehicular travel by individual drivers. 357. 1�ansportation. Costs. SB 1565 (Kop..p). Cha,�ter 226. This bill requires project cost to include development costs including design, estimating, and environmental studies when projects are considered by the California Transportation Commission for inclusion in the State Transportation Improvement Program. LCC Wrap-Up Bulletin - 11/1/94 - 79 - Statutes of 1994 XV. VEHICLES 358. Vehicles. Inspection and Maintenance. SB 521 (Presley), Cha�ter 29. Urgen�y. This bill revamps the current smog check program using new equipment in areas requiring enhanced pollution control. It coordinates _new testing system with EPA taking into account the results of the pilot program. It establishes contracts with private "test only" stations awarded pursuant to this act. 359. Dump Truck Regulation. AB 3589 (Rainey). Chapter 1299. This bill prevents the Public Utilities Commission from eliminating the minimum rate for dumptruck carriers. 360. Smog Check Program. SB 629 �Russell . Chapter 1. 'This bill makes substantial revisions to the existing smog check program to, among other things, include fuel evaporation and crankcase _ventilation for tested vehicles. It revises the use of remote sensors to detect gross polluters at roadside audits. It puts in place potential enhancements to current emissions � testing procedures; if it is determined that California will not meet the federal emissions standards called for by the Cle'an Air Act. 361. �vck Inspections.. Terminals. AB 1633 (Karnette, . Cha ten r 5g. en . This bill changes inspection requirements for certain trailers and vehicles. It allows marine terminals special inspection� schedules and practices. , 362. Vehicles. Proof of Ownership. AB 2733 (Karne Chanter 1041. This bill prohibits the issuance of copies, duplicates, substitutes or certificates of ownership or license plates unless the registered owner presents proof of ownership of the .vehicle in person, by way of a drivers license or photo I.D. . 363. Vehlicles. High Polluters. SB 198 (Ko�R Chapter 28. UrEencv. ' This bill allows brand new vehicles to opt out of the first year-of the smog check program by making a donation determined by DMV not to exceed $50. Funds collected would establish a high polluter vehicle repair or repTacement program to be implemented by the Department of Consumer Affairs. It sets rules for repairs and replacement of high polluting vehicles. - - , 364. Vehicles. Inspection and Maintenance Programs. AB 2018 ,Katz). Chapter 27. r enc . This bill revises existing smog check program to ensure reductions in emissions _ as required. by federal law. It allows for remote sensing to identify "gross polluters" and to provide for roadside audits. It revises existing repair cost limitations for vehicles. 365. Off-,Highway Vehicles. Highway Vehicle Fund used for other purposes. fund CHP enforcement. AB 3717 (Costa). Chapter 1004. This bill renames the'fund to the Off- and adds protections requiring repayment of any funds from the account It continues the $1 registration fee indefinitely for off-highway vehicles to LCC Wrap-Up Bulletin - 11/1/94 - 80 - Statutes of 1994 � XVI. WORKERS' COMPENSATION, UNEMPLOYMENT INSURANCE, HEALTH INSURANCE, OSHA 366. Workers' Compensation. Notice of , Nonrenewal. AB 2695 (PolancoZ Chapter 398. r n. Existing law, as to certain policies of commercial insurance, requires an insurer to provide prior notice of nonrenewal and notice of intent to condition renewal upon an increase of more than 25% in the rate upon which the premium is based, as speci�ied. This bill, with respect to workers' compensation insurance, requires prior notice of nonrenewal, as speci�ed. � 367. Workers' Compensation. Disability Benefits. AB 3077 (,Escutia�. Chanter 477. Under the workers' compensation system, employers are required to provide the health care that is reasonably required to cure or relieve the effects of an occupational injury, including apparatuses such as artificial members. This bill requires employers to provide orthotic and prosthetic devices and services that are reasonably required, and deletes the reference to arti�cial members. . 368. Workers' Compensation Insurance. AB 3682 (Margolin). Cha,�ter 732. Existing provisions of law, which will become operative on January 1, 1995, prohibit workers' compensation insurance rates that impair or threaten the solvency of an insurer or create a monopoly, and provide for the �ling of rates with the Insurance Commissioner. This bill requires that rates shall not be unfairly discriminatory, as specified. Existing law, which will also become operative on January 1, 1995, prohibits any advisory organization from issuing or insurer from using any classifcation system or rate,,as applied or used, that violates specific provisions against discrimination or the Unruh Civil Rights Act, including any arbitrary economic discrimination by an insurer. � This bill removes arbitrary economic discrimination by an insurer from that prohibition. 369. Workers' Compensation. SB 1768 Johnston, . Cha.�ter 1118. Existing law prohibits a healing arts licensee from performing any medical evaluation for which the evaluator is required to be certified as a qualified medical evaluator without having first obtained that certification. This bill provides that no person shall be in violation of that provision if the person is certified as a qualified medical evaluator at the time of assignment to a speci�ied 3-member panel or if the injured worker is represented at the time the injured worker is refened for a medical evaluation. Fxisting law.specifies requirements for appointment as a qualified medical evaluator. This bill defines, for those purposes, 'board certified" and 'board quali�ied" with respect to a physician with an M.D. or D.O. degree. The bill revises, for those purposes, the degree requirements for a psychologist. LCC Wrap-Up Bulletin - 11/1/94 - 81 - Statutes of 1994 � Existing law defines psychologist for purposes of the workers' compensation law. This bill revises that definition. Fxisting law requires an employer to notify its insurer in writing at any time during the pendency of a claim when the employer has actual knowledge of any facts which would tend to disprove any asp'ect of the employee's claim. Existing law provides that when an employer noti�ies its insurer in wri�ting that, in the employer's opinion, no compensation is payable to an employee, at the employer's written request, to the appeals board, the board may approve a compromise and release agreement or stipulation, providing compensation to the employee, only where there is proof of service upon the employer by the insurer of notice of the hearing at which the agreement or stipulation is to be approved. This bill requires notice of the time and place of the hearing and also requires the insurer to file proof of service of the notice with the appeals board. Existing law specifies requirements for certification as a health care organization to provide health care to injured employees under the workers' compensation law. � This bill provides that with respect to care provided by these organizations individually identifiable medical information on patients submitted to the Division of Workers' Compensation in the Department of Industrial Relations shall not be subject to the Public Records Act. Fxisting law provides for filing a claim form with an employer for eligibility of .benefits under the workers' compensation law and provides that the filing of the claim form shall toll certain time limitations. �. This bill makes that provision applicable to injuries occurring on or after January 1; 1994. The bill . also, provide that for injuries occuning on or after January 1, 1990, and before January 1, 1994, (1) the ;;filing of an application for adjudication and not the filing of a claim form shall establish the jurisdiction of. the appeals board; and (2) �an application for adjudication shall accompany the declaration of readiness to proceed. The', bill makes a number of additional related and clarifying changes in the workers' compensation law.'` �„ 370. Workers' Compensation. SB 1803 (Johnstoq . Chapter 1097. Existing law contains references to the Division of Industrial Accidents. �� This bill reflects the change of the name of the Division of Industrial Accidents to the Division of Workers' Compensation and makes other technical changes. � ' Existing law provides for review by the Medical Bureau of certain workers'-compensation matters. This bill eliminates this review by the :Medical Bureau. LCC Wrap-Up Bulletin - 11/1/94 - 82 - Statutes of 1994 , 371. Workers' Compensation Insurance. AB 3277 (Baca). Cha teR r 373. Under existing law, the state and its agencies and subdivisions may insure against liability for workers' compensation with the State Compensation Insurance Fund and not with any other insurer unless the fund refuses to accept the risk when the application for insurance is made. � - This bill- eliminates the prohibition against insuring with other insurers. It specifically authorizes public utilities to insure with the fund. _ 372. Insurance. Fraud. AB 1691 ,Margolin�. Chapter 1031. Existing law prohibits insurance fraud and prescribes penalties for its commission. Prior law consolidated these provisions and repealed former provisions. This bill corrects and updates references to these provisions to reflect the consolidation and repeals, and,provides specifically that the statute of limitations for a workers' compensation fraud offense commences upon discovery of the offense. 373. Health Coverage. Primary.Care Providers. Obstetrician-Gynecologists. f1B 2493 eier). Chanter �59. Existing law provides for licensure and regulation of health care service plans by the Commissioner of Corporations. Under existing law, willful violation of these provisions is a misdemeanor. Existing law also provides for the regulation of policies for disability insurance and nonprofit hospital service plans by the Insurance Commissioner. F.xisting law requires that health care service plan contracts, nonprofit hospital service plan contracts, and disability insurance policies provide coverage for certain services and treatments. This bill states the �indings and declarations of the Legislature with regard to the necessity for obstetrician-gynecologists to be deemed primary care providers for the purposes of health coverage. On or after January 1, 1995, this bill requires that health care service plan contracts, nonprofit hospital service plan contracts, and disability insurance policies, that cover hospital, medical, or surgical expenses, issued, amended, delivered, or renewed in this state, include obstetrician- gynecologists as primary care physicians or providers, as defined, provided they meet certain eligibility criteria. 374. Health Coverage. Continuation of Coverage. SB 1910 ,Greenel. Chapter 1144. Existing law, the Knox-Keene Health Care Service Plan Act of 1975, provides for the licensure and regulation of health care service plans by the Commissioner of Corporations. Existing law also provides for the regulation of policies of disability insurance and nonprofit hospital service plans by the Insurance Commissioner. Fxisting law requires that health care service plan contracts, disability insurance policies, and nonprofit hospital service plan contracts provide coverage for certain services and treatments. This bill requires health care service plan contracts, disability insurance policies, and nonprofit hospital service plan contracts issued, amended, delivered, or renewed in this state on or after January 1, 1995, that provide hospital, medical, or surgical expense coverage under the plan of an employer subject to federal continuing medical insurance requirements (hereafter "COBRA") to permit an employer to provide extended coverage to eligible former employees and their spouses. LCC Wrap-Up Bulletin - 11/1/94 - 83 - Statutes of 1994 375 � i1. In order to be eligible for extended coverage, the employee would be required to be over 60 years of age on the date employment ends, and have worked for the employer for at least the 5 prior years. The bill additionally requires any employer subject to these provisions to provide continuation coverage for an eligible employee and the employee's spouse, if the employee continues coverage under COBRA. The employer would be required to provide notice of the availability of continuation coverage, and the employee or spouse would be required to elect to .continue coverage under these provisions. The coverage begins after the COBRA coverage ends, on the same terms as the COBRA coverage, at a premium not to exceed 213% of the applicable group rate, as defined. The coverage ends automatically on the occurrence of a specified event. Unemployment Compensation. SB 1584 (Johnstonl. Chapter 967. IJrgency. Under existing law, there is, in the Employment Development Department, an Appeals Division composed of the Unemployment Insurance Appeals Board and its employees. The members of the appeals board review the decisions of administrative law judges regarding petitions for unemployment insurance benefits. All cases that are designated as precedents by the appeals board are published in a manner that makes them available for public use. � This bill requires t. det`erminations, to be be made available to �e appeals board to. maintain an index of significant legal and policy updated at least annually, as speeified. The bill also require that the index the public by subscription. � Existing law sets forth a number of factors that deternune whether an employment relationship exists when one person performs services for another person or entity. However, services performed in specified situations are excluded from the definition of employment. Employment does not include persons in the employ of any public entity in certain capacities, including, among others, an elected official, a member of a legislative body, and an employee serving on a temporary basis during an emergency. , This bill adds to the list of excluded capacities a person serving as an election of�cial or election worker who reasonably expects to be paid less than $200 during the calendar year for those services, and would provide that this provision shall only take effect if �there is a similar change in federal une.'mployment tax law. - Fxisting law provides that the Director of Employment Development may assess a penalty against an employer who willfully makes a false statement or fails to report a material fact concerning the termination of an employee claiming unemployment insurance benefits. This bill provides that the director may also assess a penalty �against any person who falsely certifies the ,�medical condition of a claimant for the purpose of fraudulently obtaining disability insurance benefits, as specified. Under existing law, an unemployed person is eligible to receive unemployment compensation benefits for any week if the director finds that the person has met certain requirements, including that. the person has made a claim for benefits, has registered � for work, was able and available to work, has been unemployed for a waiting period of one week, and has searched for work, as ,� � �� LCC Wrap-Up Bulletin - 11/1/94 - 84 - Statutes of 1994 specified. This bill provides that, in addition, a person must also participate in reemployment activities if the � person Has been identified as likely to exhaust regular unemployment benefits, as specified, unless there is good cause for the failure to participate. Existing law prohibits any person from falsely certifying the medical condition of any person in order to obtain disability benefits, as specified. This bill provides, in addition, that it is unlawful to knowingly present a false statement in support of a claim for benefits, to knowingly solicit or receive any payment for soliciting a claimant to apply for disability insurance benefits, or to assist any person who engages in fraudulent or prohibited actions, as specified. This bill also requires the Director of Employment Development to report to the Legislature by June 30 of each year on the department's fraud deterrence and detection activities. Under existing law, a claimant is required to establish medical eligibility for each uninterrupted period of disability by filing a first claim for disability benefits supported by the certificate of a treating physician or practitioner, as speci�ed. This certificate is required to contain a diagnosis or specified diagnosis code, a statement of inedical facts including secondary diagnoses when applicable, within the physician's or practitioner's knowledge, indicating his or her conclusion as to the claimant's disability, and a statement of his or her opinion as to the expected duration of the disability. This bill requires that the statement of inedical facts in the certificate be based on a physical examination of the claimant by the physician or practitioner. The bill also require that the certificate contain both a diagnosis and a specified diagnosis code. 376. Unemployment Insurance. AB 3122 Klehs, . Cha.pter 1050. Under existing law, any person who receives an overpayment of unemployment compensation benefits is liable for the amount overpaid unless the overpayment was not due to fraud, misrepresentation, or willful nondisclosure, and was received without fault, and recovery would be against equity and good conscience. This bill provides that any employer that induces, solicits, or coerces an employee to file a false or fraudulent claim for benefits is liable for 100% of the amount of overpayment in addition to a 30% penalty. The bill also provides that the overpayment would be deposited into the fund from which the overpayment was made, and the penalty be deposited into the Benefit Audit Fund. I�n addition, the bill provides that the person receiving overpayment is not liable for the overpayment if that person cooperates with the Employment Development Department in an investigation that results in a genalty or prosecution of the employer, as specified, or the department determines that it is in the interest of justice to waive all or part of the liability because overpayment was a direct result of inducement, solicitation, or coercion on the part of the employer. Under e�cisting law, it is a crime to aid, assist in, procure, counsel, or advise the preparation or presentation of a return, affidavit; claim, or other document, that is fraudulent or false in connection LCC Wrap-Up Bulletin - 11/1/94 - 85 - Statutes of 1994 �. . ��, with a matter under the Unemployment Insurance Code. This bill provides that, in addition, it is a crime to coerce anyone in the preparation or presentation of a report, return, affidavit, claim, or other document. 377. Unemployment Insurance. Disability Benefits. AB 3320 Takasugi). Cha tep r 960. Under existing law, a waiver by a person of any unemployment benefit or right is invalid, except as specified. This bill adds to the valid waivers the ability of an individual covered by a voluntary plan to voluntarily allow his or her plan administrator to redirect a portion of his or her voluntary plan benefits to cover either part or all of the costs of employee-paid benefits. An individual who redirects his or her benefits is required to designate in writing the weekly dollar amount to be redirected, and has the power to terminate or change the terms of the redirection. Existing law requires any employer who elects to pay unemployment insurance disability benefits pursuant to a voluntary plan buf whose liability to pay the benefits is not assumed by an admitted disability insurer, to file a bond or deposit securities with the Director of Employment Development to ensure payment by the employer pursuant to the plan. This bill additionally allows for the deposit of an irrevocable letter of credit. XVII. UTILITIES, TELECOMMUNICATIONS 378. Low Income Assistance. AB 3429 Bustamante). Cha�ter 946. The Public Utilities Act requires the Public Utilities Commission to establish a program of assistance to low income electric and gas customers; and to include, as soon as practicable, nonpro�t group living facilities. specified by the Commission. This bill also requires the Commission to include within this program, under specified conditions, migrant farmworker housing centers and employee housing that is licensed and inspected by local or state agencies, and housing for agricultural employees, as defined. 379. Public Utilities. Economic Development. AB 2576 (Baca . Cha�ter 945. This bill permits the Public Utilities Commission to authorize rate discounts to industries or businesses whose facilities are located or will be located within the boundaries of enterprise zones, recycling market development zones, or economic incentive areas, in addition to the incentives permitted by existing law. � - � 380. Public Utilities. Economic Development. AB 783 (Polanco). Chapter 53. nc . Fxisting law requires the Public Utilities Commission to authorize public utilities to engage in programs to encourage economic development. This bill extends the permitted incentives to include recycling market development zones. 381. Telecommunications Services. AB 3606 (Moore�. Chapter 1260. This bill provides that it is legislative intent that the cable industry be allowed into the phone. business if and when the phone companies are allowed into the video business. LCC Wrap-Up Bulletin - I1/1/94 - 86 - Statutes of 1994 .aA � � 382. Telecommunications. AB 3720 lCosta). ChaFter 934. This bill requires the Public Utilities Commission to pursue all reasonable steps to foster fiill competition in the long distance telecommunications arena. 383. Telecommunications. Customer Services. AB 726 ,Moorg�. ChaFter 123 . This bill extends expiring customer service requirements for telecommunications services. 384. Cable. Privacy. SB 1941 ,�Rosenthal). Cha te,�r 384. This bill requires prompt return of deposits to cable customers. It requires notice to subscribers to notify them of the ability of the subscriber to prohibit the disclosure of their name, address and other information. XVIII. MISCELLANEOUS 385. Smoking in Enclosed Places of Employment. �4B 131T. Friedman .� Chapter 310. This measure establishes a minimum statewide standard that prohibits smoking in most enclosed places of employment. It includes 14 exceptions to the smoking prohibition in enclosed places of employment. The bill clearly authorizes local governments to regulate any area not defined as a place of employment, including the 14 exceptions, as well as nonenclosed places of employment (outdoor areas, stadiums, malls, parks). The League has prepared and distributed a guide to understanding AB 13, additional copies are available from the League's Sacramento office. AB 13 will be repealed on July 1, 1995 if Proposition 188 is passed by the voters in November 1994. 386. Tobacco Sales. SB 1927 (Havden�,, Chapter 1009. This bill enacts the Stop Tobacco Access to Kids Enforcement Act (STACKE). It makes a number of changes to existing law relating to administration and enforcement pTOVisions governing the retail sales of tobacco products, in conformance with federal law. Among other provisions, it requires the Department of Health Services to adopt and publish guidelines governing the use of persons under the age of 18 in its own onsite sting investigations and authorizes the Department to assess civil penalties in accordance with a de�ned schedule against persons, firms or corporations that sell, give, or furnish tobacco products to minors. The bill provides that persons under 18 years of age that participate in a defined manner in an investigation of possible violation of the tobacco products licensing program, are immune from prosecution under provisions of the existing law. These guidelines are applicable to state operated sting operations. The bill authorizes the Department to contract with local law enforcement agencies to delegate enforcement duties pursuant to the measures of the bill and to reimburse them appropriate state funds. Parts of B 192 may be repealed if Proposition 188 is passed by the voters in November 1994. 387. Omnibus Civil Procedure Bill. AB 3600 (Assembly Judiciarv Committee . Chapter 587. This bill makes a number of noncontroversial and technical changes to civil procedure and court practices. Among the bill's provisions are sections which: (1) Expand the definition of "litigation" under laws relative to vexatious litigants to include all courts, whether or not they are courts of record. (2) Specify the consequences of failing to pay court fees, including returned checks. LCC Wrap-Up Bulletin - 11/1/94 - 87 - Statutes of 1994 _ , .,. (3) Limit injunctions before judgment to preliminary injunctions, and revise various procedures regarding injunctions, preliminary injunctions, and temporary restraining orders, including injunctions and temporary restraining orders for harassment. (4) Delete the requirement that oral stipulations for settlements of litigation be made on the record. (5) Limit the prohibition of access to court records regarding unlawful detainer actions to those filed in. municipal court. � (6) Specify that confidential attorney-client communication not lose confidentiality when transmitted via electronic means. (7) Make technical, nonsubstantive changes to the intent of the Legislature regarding civil discovery pursuant to an economic litigation program for municipal and justice courts. 388. Privilege. Attorney and Client. AB 2662 (Snyderl. Chapter 186. �xisting law, with certain exceptions, makes privileged any confidential communication between ,a client and lawyer, as specified. This bill specifically provides that such information transmitted by facsimile, cellular radio telephone, or cordless telephone between the client and lawyer is co�dential, and would incorporate specified definitions. 389. Investments. South Africa. AB 2448 (W. Brown). Chapter 31. r n.. Existing law prohibits South African investments by public retirement systems. This bill deletes that prohibition. Existing law, with specified exceptions, prohibits the use of state trust fund money on or after January 1, 1987, to make additional or new investments or to renew existing investments in-business firms that have business operations in South Africa or business arrangements with the government of South Africa or in financial institutions that make loans to any South African corporation or with the government of South Africa. , This bill repeals the provisions of law proscribing the investment of state trust fund moneys and state funds in South Africa-related investments. This bill makes a number of additional changes to remove other barriers to investment in and assistance to South Africa. 390. Peace Ot'Ccer Designation. AB 2473 �Bowler). Cha�ter 202. Existing law prohibits solicitation of membership, contributions, subscriptions, or advertisements for any.nongovernmental organization utilizing any name that incorporates the term "peace officer," "police," or "law enforcement," that would reasonably be understood to imply that the organization is composed of law enforcement personnel, when, in fact, less than 90% of the voting members of the organization are law enforcement personnel or firefighters, active or retired. LCC.Wrap-Up Bulletin - 11/1/94 - 88 - Statutes of 1994 �:- ; .� This bill provides ttiat a violation of these provisions occurs only if the organization contains a voting membership of less than 80% law enforcement personnel or firefighters. 391. Attorneys. Lobbying. AB 3432 l0'Connell). Chapter 526. Existing law provides for the regulation of lobbying activities of attorneys at the state level. This bill authorizes a city, county, or city and county to require attorneys who qualify as lobbyists to register and disclose lobbying activities that are directed toward local agencies of those jurisdictions, to the same extent that nonattomey lobbyists must register and disclose. The bill also provides that any prohibitions against activities by lobbyists enacted by a local jurisdiction also apply to attomey lobbyists: The local jurisdictions may require the disclosure of specified information concerning a lobbyist, including information about the lobbyist and his or her firm, the lobbyist's clients, and gifts, payments, or campaign contributions to officials in the jurisdiction. 392. Threats. Public Officials. SB 1463 ,Petrisl. Chapter 820. Fxisting law provides that a person who knowingly and willingly threatens an elected state o�cial or other specified individuals with death or serious bodily injury, with the speci5c intent that the statement is to be taken as a threat, and who has the apparent ability to carry out that threat by any means, is guilty of a public offense. This bill adds all elected public officials, county public defenders, county clerks, and the immediate family and staff of all speci�ed individuals to the group of specially protected individuals. The bill provides that a threat against staff must relate directly to the official duties of the staff in order to constitute a public offense under the above provisions. Existing law provides that any person who intentionally interferes with any lawful business or occupation carried `on by the owner or agent of a business establishment open to the public, by obstructing or intimidating those attempting to carry on business, or their customers, and who refuses to leave the premises of the business establishment after being requested to leave, is guilty of a misdemeanor. This bill also makes it a misdemeanor to intentionally interfere with any lawful business carried on by the employees of a public agency open to the public and to refuse to leave the premises of the public agency when requested. The bill makes other related changes. 393. Peace Ot'fcers. Reserve OtTcers. �Yaining. �B 1874 (Avala .Lhapter 676. Fxisting law provides that every person deputized or appointed as a reserve peace o.fficer shall have the powers of a peace �- officer only when the person has completed specified training and is (1) deputized or appointed and assigned to the prevention and detection of crime and the general enforcement of the laws of this state, whether or not working alone, (2) assigned to the prevention and detection of crime and the general enforcement of the laws of the state while under the immediate supervision of a specified peace officer, and engaged in a certain field training program, or (3) deployed and authorized only to carry out limited duties not requiring general law enforcement powers in their routine performance under the direct supervision of a speci�ied peace officer. LCC Wrap-Up Bulletin -�11/1/94 - 89 - Statutes of 1994 f � 'f. '� • _ This bill provides that the basic training of a level I reserve officer appointed pursuant to (1) above after January 1, 1997, shall meet the minimum requirements established by the commission for deputy sheriffs and police officers. The bill provides a specified exemption from this training requirement for certain level I reserve officers who have limited duties. The bill provides that all level I reserve officers appointed pursuant to (1) above shall be required to satisfy the continuing professional training requirement prescribed by the commission. This bill also requires the commission in carrying out these provisions to facilitate the voluntary transition of reserve officers to regular officers with no unnecessary redundancy between the training required for level I and level II reserve officers and to develop a supplemental course for existing level I reserve officers desiring to satisfy the basic training course for deputy sheriffs and police officers. The bill also expresses the intent of the Legislature with regard to the changes made by this bill. � LCC Wrap-Up Bulletin - 11/1/94 - 90 - Statutes of 1994 > �- . �. � TO: FROM: DATE: SUBJECT: MEMORANDUM Alan Tandy, City Manager Lee Andersen, Community Services Manager November 14, 1994 JWENILE CRIME PREVENTION DEMONSTRATION PROGRAM The City Recreation Division is part of a consortium of Kern County Recreation and Park Agencies that is submitting a proposal for a Juvenile Prevention Demonstration Program Grant. The other agencies include Bear Mountain Recreation and Park District; North Bakersfield Recreation and Park District; Tehachapi Valley Recreation and Park District; and the Westside Recreation and Park District. � The grant, which provides funding for several different programs, can be a source of up to $860,000 per year for three years that can be utilized in Bakersfield and other cities of Kern County. The North Bakersfield District is acting as the lead agency. in this endeavor and as such, is actually writing the grant proposal. We have provided a memorandum of understanding to North Bakersfield stating our intent to participate and sometime in the near future, we will seek support from the Citizens' Community Services Advisory Committee, and permission to proceed from the City Council. Should you desire more information regarding this matter, please call me at your convenience. AT:cr grant IR�_- ___ - �-�_ \ � - -- i, j`_ <- t IVUtl � 66 1�� I'. II -. ._ .- • -�. �� , � . � B A K c R S F I E L D ��MORAO�ou� November 16, 1994 T0: RAUL ROJAS, PUBLIC WORKS DIRECTOR GENE BOGART, WATER & SANITATION MANAGER FROM: ALAN TANDY, CITY MANAGER SUBJECT: WOODWASTE/GREENWASTE OPERATIONS Effective immediately the operational component of the Woodwaste/Graenwaste site is being transferred from the 6�dater � San�tation Cepartment tc the Public bJorks Department under Raul Rojas and Joe Lozano. The marketing of products frorr the �acility shall be a joint responsibiiity oT the Puoiic Works and i�ater & Sanitation Departments. AT/kec cc: Department Heacis �eneral Information OPER_MEMO ■ �� B A K E R S F I E L D MEIVOOR�lNDl1iN November 17, 1994 T0: ALAN TANDY, CITY MANAGER FROM: JOHN W. STINSO�ISTANT CITY MANAGER SUBJECT: PRELIMINARY RECOMMENDATIONS OF STREAMLINING TASK FORCE Attached is a copy of the preliminary recommendations from the Steamlining Task Force. These were discussed at our November 17th meeting and I will be preparing a summary report of the activities of the Task Force with their final recommendations. We are scheduled to meet again December lst to review this report to finalize it for transmittal to the City Council. �.�'- �,, RECOMMENDATIONS OF STREAMLINING COMMITTEE 0 R �F T The following are preliminary recommendations by the Streamlining Task Force which are the result of numerous meetings where City practices and procedures were reviewed. The Committee is recommending to the City Council the following: 2. 3 The City Council consider using diminimis findings to eliminate unnecessary payments of Fish and Game fees to the State. The City Council consider eliminating the second reading requirement, and thirty day waiting period prior to implementation for zone change ordinances. Staff continue research and evaluation of using credit cards to pay for permit and other fees. 4. Staff change the landscape plan review process to improve the processing time. The Parks Division to be the lead agency for review. (This has already been implemented by staff) 5. The elimination of review by the Parks plans in order to streamline the process. staf� � �i � Department in the plan review for wall (This has already been implemented by Separate the lot line adjustment and parcel map waiver processes to improve turn around time on simple or standard lot line adjustments. Implement a check list which will encourage the timely processing of standard lot line adjustments. Identify criteria and establish quidelines for conditions that would allow for Parcel Map Waivers instead of a Parcel Map. 9. Staff continue to evaluate inspections, code enforcement and permitting functions which may be duplicated by the City Building Department and the County Health Department and explore ways to eliminate or reduce this duplication. � 11 The elimination of noise studies for residential development where there is no evidence of noise impacts. The development of a tiered fee system to encourage the submittal of properly prepared plans for review by the City. 11 /17/94 November 10, 1994 � B A K E R S F I E L D Mr. Del Smith E. Del Smith & Company 1130 Connecticut Ave. NW., Suite 650 Washington, D. C. 20036 RE: IDENTIFICATION OF FUNDS FOR RAII. SPUR STUDY Dear-Ivlr. Smith, _ � ,_. _---- The City of Bakersiield Economic Development Department requests your assistance in identifying potential giant funding sources which may be available to pay for a feasibility sEudy. ' The feasibility , study woul`d'-be=to determine the besf ioute and estimated costs to construct an industrial rail spur - into the Metropolitan Bakersiield Incentive�A.rea. It has become apparent over the years that the lack of rail service to industrial properties has been a major detenent to companies considering a locadon within the Incentive Area. We believe if the major industrial properties had rail service available, companies that requi.re rail would locate their operadons in the Incentive Area. Locating in the Incentive Area allows them to take advantage of incentives provided by the State in the form of income tax credits. The city also has developed incendves to encourage companies to locate in the Incendve Area. We estimate the cost of a study to deterniine the feasibility, optimum route and costs would be approximately $50,000. We have been unsuccessful in the past in securing funding for this study through the Economic Development Administration and the State Rural Renaissance Grant Program. While we would like to have the study fully funded, there may be private property owners in addition to our depaztment that may be willing to pay a portion of the study. Your time and expertise in identifying potendal grant funding sources for this project would be appreciated. If you r uue further information on our request and envisioned project please call me. I look forward to any�ugge�srions you may have. Sincerely, r—_ John F. Wager, Jr. � Economic Development -- - = - - _:__ � --- - -- cc: Alan Taridy, City_Manager cw/jw ��`�u`�� D ii r�=:�:�.-____._�_. --- �, i, �� lOV I � �;� , � , , �---��«_ ..-_ _ - �_._.� __ � � , �D�if 6��E�"��i��t'� �� r°�t'8� u R - -- ._ — - - __, City of Bakersfield • Economic and Community Development Department 515 Truxtun Avenue • BaKersfieid • Califomia 93301 (805) 326-3765 • Fax (805) 328-1548 • TDD (805) 324-3631 ' e ream ecomes ea . Centrel Califomia's Premiere hotel is moving steadily roward mmplerion. This 611, scores of mnswction wo�Cers are putting in long houcs. The elec�iral wicing is being nu►, the ninth floor concrete pou�ed, the merdl framing completed, and drywall insalled. Can c�rpet and wallpaper be 6r behind? Opening Summer of next year, the HOLIDAY IIVN CONVENfION CENTER ho[el in Bakersfidd will welcome its 6rst guests to experience the John Q. Hammons Hotds promise to "Stay with Excellence". Atached to the 51,000 square foot Bakersfidd Conven6on Center, our 259 room hotel will feature its own 10,000 square feet of ineeting space, induding a ballroom that will srat 4i0 as well as multiple meeting rooms. From the largest group to the single mrporate tr�veller, guescs Summer 1995 . � �� Convention Center Bakersfield, California. wa(Iv►g into our three story glass auium lobby will be wefmmed by a staff trained to believe SERVICE is our prime objec6ve. Guests will �ience the unique ambience of our �oPe�P�Y moking" restaurant featuring both andpasto and rappuaino bars. The aroma from the roussetie chicken wi➢ invite gues� [o linger over duu�er or perhaps wander into our lounge For a reJ�dng drink, looldng out on the lus�ly landscaped pooL A@ecward, the state of the act health, fimess and spa �dliaes may be just what's needed ro wind down before cetuing to our spacious, well-appointed guest rooms or suites. Tor iaformadon on groap bookings or oar corporate travel PraBram.s, Please call our tepreseatative 2t (805) 323-1900. /, a�ao� n� a � n � no �rE�R'�►� �,�^: Convention Center (80S) 3Z3�1900 '� 801 Trtnautt Ave. P.O. Hacc 2105 Bakec�field, CA 93303 f� �°-��d��rr�� ' .. 9 i�� CQTI( iaf��a��:�;'°� _ y' 0 _... -�, �a l�n a n y ; City Manager 1501 Truxtun Ave. ; Bakersfield, CA 93301 � i ��oc � �, � � Y � � w �t? � N 0 V 4i . ��gA - •�.� �✓' - - - - — ��4��-11c��1►i . - `""�a �b'.�,�t �o.:� � L7U��' „�� il�f��Ii,��ll�l1„„�F11�1�I��i�{li,;�„;Ilil��tl�l�l�i � • • a�au�u�ns �xau au�o ►/ 1 � 1/ � : : ►� � lu TO: Mr. Scott Slater FROM: Mr. Robert Saperstein DATE: November 8, 1994 FILE NO.: 3334.21 RE: Upper Kern�Island Water Assoc. v:-Kem Delta - Water District : • � . t � ' �_ �i _ � � � :_ ' � . �._' �! � ' i E � � � ' i! ' i The judgment on the LJpger Kern Island Water Assoc. v. Kern Delta Water District (Case No. 220052 RDR) has been forwarded to Judge Friedman for his signature. The following is a summary of the terms of the judgment. The judgement is very short (4 pages) and grants Kem Delta a complete victory; over the Upper Kem Island Association. The court denied Upper Kern Island's request for a preliminary and permanent injunction and ordered Upper Kern Island to pay Kern Delta's costs for the lawsuit. The court also ruled in Kern Delta's favor on its cross-complaint for declaratory relief. _, First, the judgment declares that the proposed 1960 PUC Rules and Regulattons applicable to ttie distribution and use of water under the old Kern tslarid- Canal Company system completely ¢ ,superseded the 1935 PUC Itules and Regulations: Most importantly, the 1960 Rules eliminated the distinction between the Old Area and the Panhandle�within the Kem Island Canal Compan�'s service area. The 1960 Rules were formally made effecdve in PUC Decision number'i1684� in .:.Y_Y..�..�.".r . ,' i967: Presumably, from that time forward Kem Island Canal Company was under no obligation to distinguish between the Old Area and the Panhandle in providing service. The judgment also outlines how Kern Delta obtained the obligation to serve the former Kem Island Canal Company's service area. When Kem Delta acquired the Kern Island Canal Company assets from the City of Bakersfield, the only rules applicable to its water service obligations were the 1967 Final PUC Rules which were essentially the same as the proposed 1960 Rules. Thus, the effect of the judgment is that Kern Delta, as Kern Island Canal Company's successor, need not make any distinction between the Old Area and the Panhandle in providing service to these two areas. . 9132.1 �f � Ir -�� CITY OF � �� CALIFORNIA DEPARTMENT OF WATER AND SANITATION GENE BOGART, Manager FLORN CORE, Water Resources Director MIKE SIDES, Solid Waste Superintendent November 14, 1994 ��/: . _;� ;:' � i� , .•� �� _�0•0 --= Mr. Donald L. Wahl, Manager Olcese Water District P.O. Box 651 . Bakersfield, CA 93302 . RE: Olcese Thirteen-Year Water Use Projections Dated September 1994 Dear Mr. Wahl: G��,��L�;�'r � »� ---- -� � � �:4.;.�;��. � � � ' �'.: PlOV I 4 199� ' �! . ;� . �,.` �...� __t- _�.._� �i:� (�{,�'.f�4. ��,�� '� e>` °'�=@�€:: As a follow-up to our October 31,1994 meeting with Olcese Water District regarding the September 1994 13-Year Water Use Projections prepared by Ricks, Taylor & Associates on behalf of District, the City- offers the following comments for your consideration. Current and Pro�cted Water Demands We appreciate the efforts of District to update the 13-year water requirements on the basis of actual water use, however the City is concerned with the inconsistency in this projection. The City has reviewed the September 1994 13-Year projection of 55,227 AcFt, and compared it to the previous underground storage requirements, and found that it has ranged from 49,068 AcFt (May 1993 report) to 69,838 AcFt (March 1989 report). In theory, dropping current year water use from the 13-year cycle and adding the use of a year thirteen years into the future should result in an increase in the 13-year groundwater storage requirement and this process would conrinue until such time as growth stabilizes. In the future, the City asks to be provided growth projections for review prior to inclusion by District in future 13-year studies. Water Sunvlv � In regard to the Rio Bravo well water and riparian waters, which under agreement 90-OS W.B. may be utilized by Olcese to offset the 13-year in-ground water requirement, our concerns are that: • The "safe" yield of the two Rio Bravo water wells is yet to be determined and raises the concern of these wells as a reliable water source. • The issue of quantifying riparian water rights is not resolved. 1fie current reporting of riparian diversions is based on a fixed percentage of acreage without regard to the daily natural flow of the Kern River. The City, as a member of the Kern River Interests, maintain that riparian yields are to be °staged", in reference to dates of appropriation of downstream canals and daily flow rate of the Kem River. 1000 BUENA VISTA ROAD • BAKERSFIEID, CALIFORNIA 93311 • (805) 326-3715 2800 Acre Groundwater Storaee The City 1993 Hydrographic Report of the 2800 Acres has the Olcese groundwater storage as of January 1, 1994 at 58,740 AcFt. City acknowledges that Olcese has recovered 1,160 AcFt by pumping from its 2800 Acres groundwater account in 1994. The groundwater storage balance is now 57,580 AcFt. However, clarification from District is needed on the December 1990 water transaction between La Hacienda, Inc. and the State of California: • By La Hacienda, Inc. letter dated November 16, 1990 (copy attached), the Kem River Fan Group... "have reached an agreement with the Ciry of Bakersfield and Olcese Water District/La Hacienda, Inc. that a five percent operational loss factor will be assigned to La Hacienda's gross water bank account, subject to future adjustment based upon a different loss factor that is subsequently agreed to or imposed upon other banking operations." Ciry letter to State of California dated July 30, 1990, further addresses the subject by stating "...the 98,005 acre feet would be available for extraction and the balance of the Olcese/La Hacienda water stored in the Ciry's 2800 Acre facility will remain committed to Olcese to provide a minimum 5,000 acre foot positive balance and meet the 13-year water supply requirements of the District. This remaining Olcese water stored shall not be sold until additional water is spread by Olcese/La Hacienda in excess of these District requirements, including operational losses." During the period of 1978-1994, Olcese has spread 151,860 acre-feet of water in the Ciry's 2800 Acre facility. 37,104 acre-feet of water has been transferred to Olcese's account through a variety of water transactions. Losses on the water spread by City for Olcese, if calculated at five percent would amount to over 7,500 acre-feet. This operational loss would not be available for recovery or sale, similar to the 5,000 acre-foot block of non-recoverable storage. Since the La Hacienda, Inc. sale to the State was finalized, no water has been spread by Olcese in the 2800 Acre faciliry. District Annexations The 13-year water requirements of Olcese is tied to the lands that currently exist within the boundaries of Olcese. Should any new lands be annexed to the Olcese Water District, those "new" lands would require a separate and distinctive 13-year stored water requirement. In conclusion, the concerns expressed by the Ciry herein and the continuing question of the impact of the northeast sewer project on growth, leads the City to believe that it is premature to declare Option water available. The City looks forward to District's response to our inquiries and is willing to meet and discuss these issues with Olcese. Sincerely, Gene Bogart Water and Sanitation Manager BY Florn Core Water Resources Director cc: ✓Alan Tandy, Ciry Manager Jack Hardisty, City Planning Director Thomas Stetson, Stetson Engineers Alan Daniel, Assistant Ciry Attomey . , �� _ ,; La Hacienda, Inc. .6200 Lake Ming Road Star Route 4. Box 801 Rio Bravo Annex Bakerstield CA 93306 Telephone 805/872-5050 November 16, 19yu Department of Water kesources State of California P.O. Box y4z83d Sacramento, CA 942�o-OGUi Re: La Hacienda Water Sale Lear Sirs: ��a�<� ��,� �. in connection witn the above captioned water saie, wnich consists of 98,U05 acre feet oi underground water that is s�ored in the City of Bakersfield's �i�OU acre recharge facility, the Department oi Water kesources has requested that the undersigned parties acknowledge that t:ze entire 98,uu5 acre feet caa be e�tract�d without any reduction and tnat any operationa� io��es agreed to b;% t�e parties and assianed co the water will �e deducted from Oicese Water Uistrict iLa Hacienda's remaining banke3 water. The undersigned I�:ern R�ver Fan Group nave reached a:: agreement with the City of Baker�fie-�d and ulcese Water Listricti�a iiacienda, Inc. that a five percent oper�ational loss facc��r wiii ce assigned to La kacienda's gross water bank account, sub�ect to fuLUrs adjustment based upon a dif�erent loss factor that is subsequentiy agreed to or imposed upon other banking operations, wi:.hir� the hern River Fan. ?'he City of Bai;ersfield in their Juiy '0, 199u letter addressed to th� Lepartment of Water kesources, has acknowledged that Olcese Water District/La Hacienda has sufficient uncierground water storeci in tt,e City's Z8U0 acre recharae iaciiicy to me�t Olcese's ��-ye•�r su�•Fly requiremei��t p.�us SJOu acre te��, �ogether witn the f ive ( 5� J pe_ ce;;t ioss caiculation and ma.� deiiver to tne Department ct Water resources y8.U05 acre feeL. �ihe Kern k�v2r Fan Group in their August 6, 1y9i1 iatter aaaressee to the Kern C-�unt�� Nater Agency, a copy o� w"�ch is �ttaci-�ed r�ereto, has er�dorsed and approvea the La Hacienda, Inc. waLer sale to the Department of Water Resources, based upon its uiiderstanding regarding the operationai loss calculatlon o� five percent that is to be assigned to La Hacienda's gross �800 acre bank account. 1 - I � � � � � U Department of Water kesources November 16, 1990 Page 2 The undersigned hereby notify you that they have no objection to the Uepartment of Water kesources' purchase of the yFs . U05 acre feet of water from La Hacienda. Inc. as outlined above and as described �n the City of Bakersfield's July 30, 1990 letter addressed to the Department of Water Resources, a ccpy of which is attached 'nereto. Sincerely. La enda, c. James L. Nickel Vice President kern River Fan Group By: Gene McMurtrey i_ • _ °. , i GlNL R. MeMUR71llY I10�lIlT i! NA0.TlOCK E111C �MDSHA� DAVID G. DUKtT Rern County P. O. Box Bakersfie� {,/�VV OfFICES MCM U RTREY 8 HARTSOCK A MOfl3310MA1 C�MOMT�� 2001 22r1D STRELT. SUIT! 100 S�KERSFIELD, C/►LIFORN1/1 93301 August 6, 1990 ter Agency , CA 93302 Attentf�on: John Stovall, Esq. : Proposed La Hacienda Water Purchase Dear Mr. Stovalls AU6 0 8 � AAEA CODE 6d5 TELEPHONE 322•44V F/1X 322 • 8123 This letter is written on behalf of the Rern River Fan Group. On April 6, 1990, the Rern Rivec Fan Group notified the Department of Water Resources that it ". .. endorses and appcoves the proposed La Aacienda purchase". However, on July 2, 1990 said group again contacted the Department of Water Resources in response to the proposed Negative Declaration for said project expressing a new concern as to. the amount of water available fOr sale after taking into account spreading loases and commitments of Olcese Water District. I am pleased to inform the Agency that this new concern has been resolved and that the Rern River Fan Group again endorses and approves the proposed Water purchase. If you require anytbing further, please advise. Very truly yours, Gene R. McMurtrey GRM:99 cc: Department of Wate Resources La Hacienda, Inc. � � Each Rern River Fan Group Member .—�---� ' � � EXHIBiT � •-_C.i T�Y�O F '��jU�j�°f��o �� CALIFORNIA tSl� 1S� ts u WATER AND SANITATION OEPARTMENT PAUL DOW. Maneqe� GENE BOQART, D�rsctor o1 Wat�r Resources FLORN COaE, J1ss+stant Oireetor ol wats� Resouress MIKE SIDES, Sanitatan Supe�intendent, 326-311� July 30, 1990 Mr. Scott Jercich� P.E., M8A Department of Water Resources State Water Project Analysis Office 1416 Ninth Street, P.O. Box 942836 Sacramento, Callfornia 94236-0001 RE: Proposed La Hacienda Water Purchase Oear Mr. Jercich: �`��''_ r� .....: .. � 5TP'1 ��'• :.�.:...•��:� �� :�a,� ,n-S� !'KE14��U� - G I99O JMO� trHr! rres� . o ' �:1� � : i� ___._ =3 ! :�m Co�:r,ry Y�'�1er �,�enc� 7hi s letter i s i n refere nce to the proposed Cal i forni a Depa rtment of Water Resources/Kern County Water Agency purchase of La Hacienda, Inc., water presently stored underground in the City of Bakersfield's 2800 Acre recharge facility. We have no objection to the proposed sale by La Hacienda as based upon the follorring understandings: 1. The sale by La Hacienda, Inc. consists of 98,005 acre feet of underground water stored in City's 2800 acre recharge facility located along the Kern River. We understa�d that the Nacienda sale will be made to Kern County Water Agency, Nhich Mill sECUre its funds from the California Department of Water Resources. We furthEr understand that you will receive from the Olcese Water District its acknowledgment and consent of the right of Hacienda to make this 98,005 acre foot sale. 2. Pursuant to existing agreements with Olcese ilater District, the sale is continge nt upon the Agency s payment of an extraction fee to the City of t5.29 per acre foot, or 5518,446.45 upon close of escrow pursuant to the "Contract for Purchase and Sale of Recharged Water Among the Oepartment of Watrr Resources of the State of California, Kern County Water Agency, and La Hacienda, Inc." 3. Upon purchase of this 98,005 acre feet stored underground, the Oepartment and/or Agency may extract this rvater from wells located on Department lands overlying the groundwater basin or maintain this store d water in place for the purpose of increasing State Project yield. 4. It is our understandi ng that La H�clEnda has ronchad a�rhonwnt wi th the Kern R1vrr Fan Gruup t� allow a 5't r�duction tor operattonal losses. This I�ciny thr c�sr, the yE3,UU5 acre feet would De available for extraction Jfl(I �h� b�lance of the Olcese/�a Hacienda water stored in the City's 2800 Ac�•e taci 1 i ty wi 11 ►-emai n commi tt�d to Olcese to provi de a mi nimum 5�000 �101 TRUXTUN AVENUE • BAKERSFIElO, CALIFORNIA 93309 • (OOS) �2e-�716 . . ` ;-_ �� i FX H I 6 IT .__�-�____ � � , :� � �' iroposed la Hacienda Water Purchase � V Page 2 acre foot posi ti ve balance and meet the 13-year water supply requi re- n�nts of the Oi stri ct. Thi s remai ni ng Olcese water stored shal l not be sold until additional water is spread Dy Olcese/La Hacienda in excess of these Oi stri ct requi rements , 1 ncl udi ng operatl onal losses. The above represents our current undrrstanding reqarding the La Hacienda water purchase and has been found to be consistent Nith the analy- s1s prrformed by the Department of Water Resources in the "Negative Declaration and Initial Study for the Proposed Haclenda water Purchase" dated June 12, 1990. If you have any further questions regarding this matter, ptease feel free to contact our office. Si ncerely, PAUL DOM Water b Sanitation Oepartment Manager By Gen Bogart Di tor of Water Resources cc: Olcese N.D. La Nacienda W.O. - Kern CounL•y Water Agency Tom Stetson Alan Daniel (2) �� • •� II�I � �IM� ■ �IVY ■ Y��/ � N � m . ('3 ' � • . � �..�v vv��a�a�v��. .�vc rayc n �v � . One Section 18 Pages `�lare Counties A Reed .Print Inc., Comrnunity Newspaper Thursday, November 17, 1994 ^� � � �. �V�ItI W es A � ��hare� sales > . � lob Cane , - cati w� . An cxasperamd (St7 Man�ger �rturo de la Cerda said„ Monday. c and his fellovv city macag,errs re "st a Stalematt° vvith COU�rty .dministrato� Joe Drew over the ivisio� of ta�aes Gom annexed te�- itories. De la Cerda said mao�rs af �:c,�o Count�s li citics wallced out M t a Nov. 8 meeting with Drea►, � � �,, -- � � � � �� err� t � mate a � asae tax comes up again,city managers� wa�k out of ineeting ai�ttu Dr�w ouoe again sated tbe dtiea to siara city-wid� ss1,�s tat revcaue as wGll as givc t6e county a greater aLsn of the property tax raised in annaxod tcsritories thaa it bad g�tten;u the past. Drew p�c,geaRed t�e soeosrios for dmiding the pa�t o[ ihc property taoc rev�enoe fro�m each anoe�tioa� left aNer aRa schoo�s, fire �rOtoatioo and tao� voUectiag c�sfs ue teiea ovt. And ��;�,�� o�� ta�s don �n.�� sbare of salcs Uoc P�c�posai ap14 the P�operl7 tar60t4Q in the ooaa�ty'a favaa, aad callod tor dties to ultimaec]y g�ae tLe conaty FiYe pe:�cent o[ their salas ta�oes. Anoti�er sug�ested a 65/35 pGrraai sp6t, wit� thc coun- g' �ttiqg ioar Percea� ot the ae- nuat saka ta�. And third dividod . 7�/30 m t6e eouaty's [avor� amd ga�ve tbe oount' three percxat a�' tbe cicy saks t� rev�uue.� Tba sales taz sharing wvuld & p6asod ia at I�a�f perceaE P� Y� ioc�mcnfs. Drcv�s proposat also siipalatod tLat 1}ie formula- far divisioa vroald appl� o�fy to scaadard . anae�o- tia�s, a►ith alI otbers, includog oat aDd g�s - properties, • bemg ��r �oa. �«, �e oo�mty woaia rda� saks ta�oca � P�'�� B �B- a'�'ican2 saka tu rev+esue (54,000 annwflY). T1�e propo�al would Lave the � oo�mtT an� individoal atiea eetablish a �rooess and 6n�e6nc io� i�a�atiam and a�ud imp�meotation d secvice e�aa- � See TAX TALKS, Page �AiB Fe�deral. suit against city asks for millions Deiano police officer says city failed to train him or provide enough backup on dn.�g investigations Bob Scherttler S`�tf YYtRer A Deiaoo Polioc ol'Foer bais Sled s�it in US. D'�strid Cowrt agavoat lbe CSty od' Delano and two of its polioe cbiefs claim��t his tbese casca," de it Cuda sai.d. The fam t6e oouoa'1 w�l co�ider hiring is V�ittmore, Jobnaoa aad'� . Botanos. T'hese typcs o[ c�es, de ta Cerda said, ia �aIl tbty do" Damages are beioB soc�ht �1 �� ''�- ; 11/17/1994 12:09 8657213312 CITY OF DELANO N 1 Q Thursday� Novembe� 1 T� 1984 —DELANO REC;ORD �-- _ A1 � , Elks tfN �7 ` at . 8 CL4��IES ENCOUNT �RS Qf A!( Kinds � We're �nore than a dry oleaner.. We're a • fall-service olothiag eaie operstion! • P�+ench Dry Cle�nina • Hsnd Lenaderin� bk Pre�efn� • �cyert Tailona� � N�a� � Fur � Leather Repairs ' • Fur $torsge � Cleaninq • Bsseo�al Wardrobe SEoraQs 725-1429 �- Square City Ory Cleaners . �20 Mpin Street, Delano PAGE 03 TAX T�LKS � ,CoMlnwd �ronf �peqa At . , Da 4 Cerd� iedkatod thet 6e d�Y otrdab hsv�e estlmated t6e and l�is Leliow dry mmagp*s felt 400�500 6oa�e tLry wete btind-sidcd by Drow� �y�pY �. �� avim- �• �Y �t. had indicate� No�ever, de 4 Cerda esid . e�tlier, tbat he would not aak %t D�, did uot e�a refer to ibe dh' edea duc �p�itu, p,ropwal �t tla Nov. 8 aoeotlo6, : Tbe Delaao �aty. Cooadl !ud "He came b�d� �itb a� t�a� �gr+eed to � 7q�30 tiur ep6t fa the Prop� �ieb �e 6�d feh hsd 160 acre propoeod Almond Tree � py� to reet �t ' � ao�ion. wl�ich the . ;�„ �id. "Wa � m�- mation Caaumi�ioa m� uled � O°�'y to ooasidat in Jaauary. But part of �� not�be �� tbe deal waa that the camty woWd ta�ed for a, �� a�low 90 daya, �Rer I.AFC,p�s ap- �P°O°0� Praval of tbet aan�q�Noq %r �`� �8� tbe aala t�c hwd� °°S��I3 wbat �ty Council- been throwA � � �� weman Te�e Santiugo e� �•s add Sw�agoi, w�hea � of more aoai�bk^ t`�n4 —aot �° "��Y'` ae�eet o�or. Sho eaid �8 f� �hariag of s�ks ta�oes-- ,��t Dt+G�v bad s�id I� . for �U Put�e ama�tion tax epiita, .�"0°� �''�ing to �rork with tba Tbe . co�mcil ��, . ptr for a��000fpar�bky ��. adamandY refueed to aUow salea ��nd�g M1et duoes, tax to be p�rt uf tl�e nog�otietiou�. V1�hea it � to tbe Almpnd Oa N�v. 1, it asked the eouaty � apiit the opuadl �� board of supervi�ora to oo�side,r �°cKmtY bad bees tryio� to rwch� � 65/4S or GQ/40 pvli�,y for tutura aa- �ommodation with the ddes wd '�OA�, �� tlwt tha city was w� go;og to cootinue � 1s wi�iog co ooedder gett;o� abont �d fa�, �La �aid: nine pervent Iw� thae tl�e �9 per- "HopeRilly► tbey, w�t �p b�t to cent it Lad beea gettiag, a a oo�a- tbe tabk aad oo�qe y��. A�o. 'i'ho ooimry haa bec4 thiog more o��• � to get the citiea to agreG to "At tbe Pt� �► we aro at P��t, daimiag it needa . a� ��to ar imp� mtil a dit- � �Y �' m+dce up for atate f�� °0�' bo�rd of wpoevi�pe� to �� - The aty �gr�ad to t6e oee- ty admiaietr�ar." aaid da • la ��Y 7�i30 Abaond Tree split Cetd� wlw e� Drew of aot to koep tba aaQexacioa AliMe; really liataniag to t�e y�, othe�w�e it w�u� .� died on NdH• � ��oB � dav�elopers t�o Drea► �� . °P� � devela�ng iq aa;naon . tatity .and t1�st �e're nov�er goia� meant the at�Y Tb1s would �e � to get aoywbere nad'1 �e a�� .�� » � of the s� mivion ;n propetty �� 1°� wd de L �� `4 ��i .'�.�r �� NEw PATIENTS wE�coMe se Hanra �„noi Family Dental �Practice �Of John A. Faweon, D.�.s. and I�im Sineri, D.D.s, Most Insurences & Medlce/ qc�,�epted . •Comprehen�ive • Potcelain Crow� 4enera! Dentietry • � C��e • Prevention . • �� a�� Emphaeiz�i • Full UPPar 6k � � � ' Lo�+er. Denturea 826 Jeflfe�son St. • Delano • 725.y79�