HomeMy WebLinkAbout06/09/95 BAKERSFIELD
MEMORANDUM
June 9, 1995
TO' HONORABLE MAYOR AND CITY COUN~~
FROM: ALAN TANDY, CITY MANAGER
SUBJECT' GENERAL INFORMATION
1. Congratulations and welcome to Councilmember-elect Jacquie Sullivan. As I
have done in the past, I begin to include Councilmembers-elect on all
mailings of information to the City Council prior to the time they official
take office.
2. We had a meeting with the County and North Bakersfield Park and Recreation
District this week. This is on the subject of park fees in their area of
northwest Bakersfield. The basic issue is that both the C'ity and County
would have to delegate authority to NOR to collect parks fees in order to
allow them to get back on track of building parks in the area. We would
not want to do it, and have higher development costs, unless the County
gave them authority also. NOR will be preparing materials and, eventually,
will be bringing forward to each body a request to do such a fee. The fee
they are requesting is commensurate with what is done elsewhere in our city
relative to parks construction.
3. Responses to Council inquiries from the last budget session are enclosed.
4. I am planning to take some time off for vacation. The dates include
Monday, June 12th, Friday, June 16th, Monday, June 19th and Tuesday, June
20th. During my absence, John Stinson will be in charge.
5. For those of you who are hockey fans, Reno became official this week as a
member of the new West Coast Hockey League.
6. The next Council Meeting will have members of the Museum, which is
currently housed in our Central Park location, appearing before you. They
have had an ongoing problem, as has the Senior Center in Central Park with
the population that is brought in by a church feeding program that takes
place there. We have been trying to work with the Museum to lessen the
impacts of that. However, there have been some very negative experiences
for them. The latest effort has been to relocate the feeding program so
that it is physically further away from the Museum than it currently is.
We do not know whether that will work or not. The Museum and Senior Center
are organizing and may well request that you ban the feeding activity if
this is not successful. It would take new legislation to ban the feeding
activity - we currently have nothing on the books which would provide for
that. A memo regarding a meeting which took place this week is enclosed.
HONORABLE MAYOR AND CITY COUNCIL
June 9, 1995
Page -2-
7. Last week, I informed you that the owners of the Bakersfield Inn, relative
to the Union Avenue sign, were willing to pay an amount for rehabilitation
equal to the demolition costs. We had been advised of that by CalTrans.
When the ownership read the newspaper and saw that was our understanding,
they called to correct it. They are offering nothing. My understanding is
that a fundraising group is being organized to save the sign. Even if they
were successful in raising the $40,000 necessary, the on-going maintenance
and liability would still have to be resolved.
8. A corrected copy of the map showing City and County fire station locations
is enclosed.
9. An article out of the California Development and Planning Report is
enclosed on the Holiday Inn Select.
10. Responses to Council referrals and inquiries and enclosed regarding the
construction schedule on Assessment District 94-1 (Renfro/Hughes), letters
to the two citizens who spoke at the Maintenance District public hearing,
Senior Centers in other Kern County cities and landscape maintenance
services by the Parks Division.
11. A memo from the Fire Department is enclosed which shows the monies
received, to date, from the County for the Fire Fund.
AT.alb
Enclosures
cc: Department Heads
Trudy Slater
Carol Williams
FY 1995/96 BUDGET WORKSHOP '~-I
QUESTIONS/RESPONSES
Date: June 5, 1995
Question Response Councilmember
No. 1: What is the additional cost for The cost of converting the part-time temporary Salvaggio
funding a permanent full time position for position to a permanent full-time position would
the Graffiti program as an alternative to be an additional $8,103. The salary for a full
the current temporary personnel? time position is $37,980.
No. 2: Describe the process for ED/CD is proposing to present a detailed report Carson/
establishing a new Redevelopment Project on this subject at a workshop in mid-September. McDermott
Area. Propose a time for a workshop with
the Council on this subject.
No. 3: What percentage of CDBG funds A spreadsheet detailing the funding for these McDermott
have been historically budgeted for single- programs since FY 92-93 is attached.
family housing and the percentage
budgeted for multi-family (apartment)
housing?
No. 4: Investigate successful graffiti Staff has replicated successful programs Carson
programs in other cities that may be from the City of Southgate and the
useful to Bakersfield. Bakersfield City School District.
Additional research regarding other
successful programs is being conducted.
No. 5: What property does the City A list of properties acquired with CDBG funds Carson
currently own that was purchased with since 1980 is attached. Most of the properties
CDBG funds? What is the proposed use were purchased in order to reduce blighted
for the property? conditions and not for a specific purpose.
No. 6: What studies have been done on Three studies have been conducted. The Carson
redevelopment and blight eradication? Lakeview Avenue Neighborhood Redevelopment
How were they funded? What Feasibility Study, the Feasibility Analysis
recommendations and actions were taken? for the Establishment of a Redevelopment
Project Area for Southeast Bakersfield and
the Union Avenue Improvement Plan. A summary
of the recommendations and actions resulting
from these studies is attached.
No. 7: How marketable will the incentive ED/CD and KEDC both report that several recent Mayor Price
zone be if rail service were in place, and prospective industrial users have passed up
how much would it cost? sites in the incentive area because direct rail
service was not available. The estimated cost
for providing service is approximately $1.9
million. Additional information is attached.
No. 8: Provide a 10-year projection for See attached. McDermott
the CDDA budget.
2
No. 9: What is the number of lane miles A total of 80 lane miles are scheduled to be McDermott
that would be resurfaced during FY 95-96? resurfaced by contract or by City forces in
How can we increase the amount of Gas FY 95-96. Staff suggests reducing the Gas
Tax funding for street resurfacing and Tax fund balance from $490,000 to $200,000.
maintenance? This will still provide sufficient reserve
in the event the City loses additional State
funding. See attached memo.
No. 10: Staff should confirm that enough The projected 50 cent per month, per resident McDermott
funding is available to handle landfill increase beginning in FY 96-97 will be sufficient
issues and investigate the need to establish to cover the costs of the mandated closure and
a reserve fund. post closure maintenance. See attached memo.
bio. 11: Can the user fees at the Airport be Airport fees were increased 44% in FY 91-92 and DeMond
increased beginning in FY 95-96 to support FY 92-93. The present fees are comparable with
its activities? other local airports offering similiar services.
Staff will continue to evaluate the fees as
appropriate.
No. 12: What is the value of the City's The City has approximately 740 miles of paved DeMond
streets and alleys and the cost of streets and 150 miles of paved alleys. The
replacement/maintenance? Propose a date approximate value of the street inventory is
for a workshop on the proposed pavement $297,650,000. A workshop on pavement management
management system systems will be scheduled for August. A memo
with additional information is attached.
No. 13: Is it warranted to move the This signal is scheduled to be constructed in McDermott
Jewetta/Brimhall signal ClP project up 1998 when the anticipated traffic volume would
to FY 95-96? warrant it. Additional information is attached.
3
No. 14: What positions were deleted from In FY 93-94, Street Maintenance lost a Street Salvaggio
the Street Maintenance Division during Maintainer and Street Supervisor position. The
budgbt cuts? What was the impact of current ratio is 39 miles per Streets employee.
those cuts? Document the need for Additional information is attached.
reinstating those positions.
No. 15: Provide a status report on signal Project design was completed on April 28, 1995. Salvaggio
project at Akers and Panama Lane. Contract award is scheduled for June 14, 1995
Council Meeting.
No. 16: What options are available for Staff will research this issue and provide a Carson
privatizing the Airport operations? preliminary report by January of 1996.
No. 17: Why do we conduct road The current policy prohibits lane closures during Rowles
maintenance and construction work during the morning commute before 8:30 a.m. When traffic
peak hours? Can we find alternatives to volume is constant throughout the day, other options
complete the projects during off-peak are explored such as evening and night time work.
hours? A memo with additional information is attached.
No. 18: Council would like to receive The latest report on Asset Forfeiture funds is McDermott
the annual report on asset forfeiture attached.
funds and major expenditures purchased.
No. 19: Why is there no appropriation of Assessment Districts are generally capital projects, McDermott
assessment district funds in the Public and therefore operating costs are charged directly
Works operating budget? to the capital project. The amount shown in the
FY 93-94 actuals was for a feasibility study for
an assessment district being considered in that
fiscal year.
4
No. 20: Why is there a difference between The expenditure detail on page 94 is operations only McDermott
the detail of refuse expenditures on page and does not include either capital or debt service
94 and revenues listed on page 1807 expenditures. A memo is attached.
No. 21: Does the City Council have a This item will be discussed at the upcoming department
policy on funding outside agencies? head meeting.
No. 22: The Council would like to receive See attached. McDermott
a quarterly report on merit step increases.
5
BAKERSFIELD
Economic and Community Development Department
MEMORANDUM
June 8, 1995
TO: Alan Tandy, City Manager ~
FROM: Jake Wager, Economic Development Direct
SUBJECT: Responses to City Council questions on FY 95-96 proposed budget.
On Monday, June 5, 1995 following this department's budget presentation, various members of the
City Council posed a total of eight questions which required additional follow-up. I am responding
to those questions in the same order as listed in your June 6, 1995 memorandum.
Councilmember Salvaggio asked what would be the additional cost offunding a permanent full-time
position whose primal, tasks would be the implementation of the Graffiti Program and overseeing
the VISTA Program. The total cost of converting a part time temporary Development Technician
to tull-time permanent would be $8,103.
Councilmember McDermott asked Jbr a description of the process necessa~, for establishing
additional redevelopment project areas Jbcusing especially on what level of additional
administrative cost might be incurred. As indicated at the budget hearing, you have asked me to
look at the property tax trends for the two areas generally being considered. In addition we had
spoken of presenting, through a workshop format, the process involved in project area formation as
well as discussing the impact this could have on the other affected taxing agencies and what forms
of governance exist or are allowed under California Redevelopment Law. I would propose
addressing all of the above at a mid-September workshop. This would give us an opportunity to put
together a solid workshop which could prove helpful to the Council in considering whether to move
/brward. In the meantime the only expenses incurred would be staff research time.
Councilmember McDermott asked./br a comparison of CDBG and HOME Funds available for
singleJhmily housing programs versus those availableJbr multi-family housing programs. Attached
is a comparison of these programs since FY 92-93.
Councilmember Carson asked if we cold investigate successful gra~lfiti programs in other cities. I
would like to assure the Council and you that we are not at all adverse to looking for new ideas and
new approaches to combatting graffiti. By way of illustration, the Golden Brush Award that we
have instituted is one example of just such an approach. The award is modeled after a similar
program offered by the City of Southgate. In Southgate's case the Police Chief created the award
as a way of recognizing the significant contributions that were being made by individual citizens in
helping to reduce or eliminate graffiti. Another example of our willingness to look at other
successful programs is the pilot educational program just recently implemented in partnership with
Bakersfield City School District. Our investigation of fresh ideas for new ways to combat graffiti
is on-going.
Councilmember Carson asked for a list of properties purchased with CDBG and what the proposed
use of the properS, is. In many instances, properties were not purchased because of an envisioned
land use. Instead, the properties were acquired in order to alleviate a negative situation. An example
of this is the current site of Clinica Sierra Vista project which is the former location of the Lakeview
Inn. Attached is a list of properties acquired with CDBG funds since 1980.
Councilmember Carson asked what studies had been comp&ted in past years which explored the
19ossibili~ or feasibili.tv of establishing additional redevelopment project areas. I'Ve were also
requested to determine how these studies had been.[i~nded as well as what recommendatt'ons and
actions were takenjbllowing the completion of an. v such studies. Three studies have been conducted:
®Lakeview A venue Neighborhood Redevelopment Feasibili~ Stud, v (Census Tract
22), prepared by Katz, Hollis, Coren & Associates, Inc. in 1982;
® Feasibilitv Anal~vsis d'br the Establishment ora Redevelopment Project Area for
Southeast Bakersfield, prepared by Urban Futures, Inc. in 1988; and
®Union Avenue Improvement Plan, prepared as a senior project by City and Regional
Planning students at Cal Poly San Luis Obispo, 1990. This project was funded by the Kern
Council of Governments.
The 1982 study focused solely on Census Tract 22 and concluded that, although the proposed project
area contained significant blighting conditions, economic 'conditions within and outside the area
needed to be considered to determine an overall strategy for upgrading the residential neighborhood.
The study suggested linking an impoverished residential neighborhood to adjoining industrial and
commercial areas to achieve overall economic development objectives within the neighborhood
itself. The report also concluded that the extreme physical deterioration and the absence of private
investment is symptomatic of the underlying economic problem of the area: limited household
income aggravated by lack of employment and job training opportunities.
The t 988 report tbcused on a study area much larger than the earlier study, encompassing over 3,600
acres of land zoned for residential, commercial and industrial uses. This area was generally bounded
by Freeway 178 on the north, Mt. Vernon Avenue on the east, East Pacheco Road on the south, and
Union Avenue on the west. The study concluded it would be feasible to establish a viable
redevelopment project area due to the inclusion of commercial and industrial zoning. The
2
consultants determined that there were potential sections within the larger area which exhibited
characteristics which could, with redevelopment agency help, attract development, thus increasing
the assessed valuation of the area to establish future revenues for a project.
The 1990 study explored development strategies for Union Avenue, including improving the
appearance of the street and the safety of drivers and pedestrians. Among the recommendations
offered by the students were a comprehensive landscaping program along Union Avenue, a
neighborhood beautification program, and creating an assessment district for utility undergrounding
and landscaping.
No actions were taken on the recommendations of the first two studies. As for the third study, a
comprehensive landscaping plan has been developed and implemented, and an assessment district
has been formed to maintain the new landscaping as suggested by the 1990 report.
The 1990 Cai Poly study was funded by the Kern Council of Governments. We are unsure about
the funding sources of the 1982 and 1988 studies, except that neither were funded by Community
Development Block Grant monies. We will continue our efforts to identify the exact source of
funding for the 1982 and 1988 studies.
The Ma,vor asked if the incentive area's marketability would be increased if additional properties
~vere rail-served. The Mavor also inquired if we knew the cost of providing additional rail lines.
The Incentive Area lacks available industrial sites served by rail. Over the years, both this
department and Kern Economic Development Corporation have found that many companies
specifically need rail-served sites. Due to the lack of such sites in the Incentive Area, potential
employers look elsewhere to locate, and the High Density Unemployment Area continues to lose out
on potential jobs. This liability has long been recognized as an obstacle in marketing the area. In
1990, this department submitted an application for funding a feasibility study to examine bringing
rail service to the industrial areas near South Mt. Vernon Avenue and Freeway 58. Unfortunately,
higher priority was given to projects ready to be implemented, rather than those requesting feasibility
studies. Nevertheless, the initial cost estimates in 1991 to bring a rail spur to this area were
approximately $1.9 million.
Rail companies have been very creative in offering service to customers without a rail line on site.
One such concept is Santa Fe's Quantity Distribution Centers, or QDCs. Under this arrangement,
a company in Bakersfield can make one call for delivery of a product from anywhere in the
continental United States. The railroad arranges truck transportation to pick up the product and
deliver it to the railroad for shipment to the Bakersfield QDC. The product is stored at the QDC and
delivered to the company by truck when the company wants and in the amounts needed, The rest
is stored at the QDC. This "one call does it all" concept costs less than having a rail spur on site and
it provides more flexibility to many businesses.
Some companies~ however, must have direct rail service. For example, the day following our budget
presentation, a very serious industrial client was in town. This client must have direct rail service.
The only site in southeast Bakersfield which meets the company's criteria lies in the unincorporated
3
area and is outside the Incennve Area. While both this department and KEDC promoted Gateway,
Enterprise, and other Incentive Area industrial locations to this client, none of these sites offered the
direct rail service the client must have on site.
Councilmember McDermott asked to be provided with the customa~ ten year cash flow for the
CDDA. Attached is a 10 year projection for the CDDA's cash flow. It reflects the FY 1995-96
Proposed Budget and the most recent data available at this writing as provided by the Finance
Department. Though the Agency's fiscal health has improved since their debt was consolidated in
1993, their budget continues to reflect fiscal conservatism.
Included in the cash flow is the first of a five year commitment to John Q, Hammons for costs
associated with the start up of the Hotel. In past years, a portion of the Agency's property tax
increment was shifted to the State for funding K- 12 schools and community colleges. As the State's
proposed budget does not continue with the shifting of these funds, resources were not allocated for
that purpose.
As noted some of the questions particularly those focusing on redevelopment are by their nature
complex and do require additional time to adequately research and respond to the question posed.
This memorandum is intended to respond rapidly to those questions for which the answers are
immediately at hand.
4
FEDERALLY FUNDED HOUSING ASSISTANCE 06/08/95
SUMMARY OF BOTH ENTITLEMENTS
Total Entitlement~Program Income $2,472,300 $3,059,000 $3,891,000 $4,339,500
Single Family Rehabilitation $597,817 24.2% $15~,000 52% $435,0OO 11.2% $304,525 7.0%
Multi-Family Rehabilitation $145,750 5.9=/0 $399,022 13.0% $285,0OO 7.3% $185,000 4.3%
F~rst Time Hornebuyers $100,000 4.0% $97,968 3.2% $135,0OO 3.5% $250,625 5.8%
CDBG
Total Entitlement~Program Income $1,662,300 $2,525,000 $3,000,000 $3,253,0(:x3
Single Family Rehabilitation $22~,567 13.3% $7,500 0.3% $135,000 4.5% $0 0.0%
Multi-Family Rehabilitation $0 0.0% $279,022 11.1% $135,000 4.5% $80,000 2.5%
First Time Homebuyers $100,000 6.0% $97,968 3.9% $75,000 2.5% $0 0.0%
HOME
Total Entitlement/Program Income $810,000 $534,000 $891,000 $1,086,500
Single Family Rehabilitation $376,250 46.5% $1 50,500 28.2% $300,000 33.7% $304,525
28~0%
Multi-Family Rehabilitation $145,750 1.8% $120,000 22.5% $150,000 16.8% $105,000
9.7%
Rrst Time Homebuyers $0 0.0% $O 0.0% $60,000 6.7% $250,625
23.1%
Property Log of Real Estate Purchased with CDBG Funds
and Owned by City of Bakersfield
June 8, 1995
I. City Owned Property Purchased with CDBG Funds
1. 407 Lakeview Avenue
APN :019-071-14
Lot No.: Sunset Tract Lots 23, 24, 25, and 26
Purchase Price: $90,000
Status: Substandard structures demolished, cleared lot
East side of Lakeview, north of Virginia Avenue
2. 41 7 and 425 Lakeview Avenue
APN:019-071-11 and 16
Lot No.: Sunset Tract Lots 19, 20, 21, and 22
Purchase Price: $52,500
Status: Substandard structures demolished, cleared lot
East side of Lakeview, north of Virginia Avenue
3. 508 Lakeview Avenue
APN: 018-122-15
Lot No.: Tract 1171 Lot 36 except for the southern 30 feet
Purchase Price: $37,000
Status: Substandard structures demolished, cleared lot
Portion used for cul-de-sac
S.W. corner of Ralston and Lakeview
4.700 and 702 Lakeview Avenue
APN: 018-091-20 and 21
Lot No.: Tract 1232 Lot 58 except for the northern 35 feet
Purchase Price: $17,200
Status: Substandard structures demolished, cleared lot
Portion used for cul-de-sac
N.W. corner of Gorrill and Lakeview
5. 720 Lakeview Avenue
APN: 018-091-45
Lot No.: Tract 1232 Lot 1 except for the southern 60 feet
Purchase Price: $28,000
Status: Commercial building scheduled to be sold July 19, 1995
Im:DB9/CDBG.LOG
6. 530 Fourth Street
APN: 009-401-06 Lot No.: Lowell Park Tract Lot No. 13
009-403-11 BI. 3 Union Add. Lot No. 1 (Pt.)
009-403-12 BI. 3 Union Add. Lot No. 1 (PT.)
009-403-21 Lowell Park Tract Lots 15 - 22
Purchase Price: $200,000
Status: Part of Bakersfield Senior Citizens Center Complex
7. 530 Fourth Street
APN: 009-403-22
Lot No.: Block 3 Union Addition Lot No. 1 (Pt) and 2 (Pt)
Purchase Price: $36,700
Status: Part of Bakersfield Senior Citizens Center Complex
8. 530 Fourth Street
APN: 009-403-10
Lot No.: Block 3 Union Addition Lot No. 1 (Pt)
Purchase Price: Unknown
Status: Part of Bakersfield Senior Citizens Center Complex
9. 1530 and 1600 East Truxtun Avenue
APN: 017-072-14
Lot No.: Kern Block 177 (Pt) and 178 (Pt)
Purchase Price: $137,000
Status: Bakersfield Homeless Center Complex
,m:DB9/CDBGLOG
Central District Development Agency 03:30 PM
10 Year Cash Flow with O00's Omitted 08-Jun
Description fl~te~ : 1991~2 1992/93 .1993/94 1904t~:.:
Resources
Beginning Balance ~ 1,185 1,222 1,572 1,486 1,208 1,263 1,274 1,301 1,360 1,456
Tax Increment Gross 2 1,351 1,297 1,311 1,295 1,445 1,474 1,503 1,533 1,564 1,595
Interest Revenue:
Investments 3 78 68 53 57 81 99 108 123 138 149
Parking Lot Note 4 30 30 30 30 45 60 60 60 60 60
Loan from COB General Fund s 208
Lease Revenue:
Eye Street Garage 6 131 136 139 463
Convention Center ? 401 400 404 402 399 402 403 404 404 403
Other Financing Sources 8 8,545 25 50 50 50 50 25
Sale of Agency Parcels 9 203
Other Revenues ~o 68 1 I 1 I 1 1 1 1 1
Total Resources 3,447 11,907 3,510 3,734 3,204 3,349 3,400 3,473 3,578 3,689
Less Expenditures
Cost Allocations ~ ~ 219 259 243 212 227 231 236 240 245 250
Other ~2 57 89 36 104 85 87 89 90 92 94
County of Kern - Tax Collections ~3 29 27 22 23 30 32 34 36 38 40
Eye Street Parking - Reimbursment 14 164 140 144
Parking Lots is 30 30 30 30 45 60 60 60 60 60
Housing Set-aside ~8 265 260 290 300 310 315 320 335
ERAF ~7 208 75 75
Debt Service:
Sewer Fund - Loan 18 169 810
General Fund - Loan 19 208
Eye Street Parking 20 133 124 134 657
Tax Allocation Bonds - 1983 2~ 614 5,938
Tax Allocation Bonds - 1993 22 172 548 760 761 760 763 765 760 764
Convention Center COP's - 1987 23 401 400 404 402 399 402 403 404 404 403
Convention Center - Hotel ~4 409 1,284 121 100 200 200 200 200 1 O0
Reimbursements - Porter Roberson 25 2 3 3 3 3 3 3 3
City Center Parking Lot 2~ 646
Total Expenditures 2,225 10,335 2,024 2,526 1,941 2,075 2,098 2,113 2,122 2,049
Ending Balance 1,222 1,572 1,486 1,208 1,263 1,274 1,301 1,360 1,456 1,640
Ending Balance Resen~e:
Debt Service 27 1,071 1,163 1,163 1,163 1,163 1,163 1,163 1,163 1,163 1,163
Insurance 2s 100 1 O0 1 O0
Debt Due - Parking ~ 77 89 93
Total Reserves Required 1,248 1,352 1,356 1,163 1,163 1,163 1,163 1,163 1,163 1,163
Available Balance (26) 220 130 45 100 111 138 197 293 477
c:\1 mad\ed\cashflw5.wkl
BAKERSFIELD
PUBLIC WORKS DEPARTMENT
MEMORANDUM
TO: ALAN TANDY, CITY MANAGER ~~~
FROM: RAUL M. ROJAS, PUBLIC WORKS DIRECTOR
DATE: JUNE 9, 1995
REF: FISCAL YEAR 1995/96 BUDGET WORKSHOP QUESTIONS/RESPONSES
Currently, proposed resurfacing for fiscal year 1995/96 amounts to 50 lane miles (13 street
miles) to be resurfaced by contract projects and 30 lane miles (15 street miles) to be
resurfaced by City forces. The attached chart shows those figures compared to the City's
total street mileage. As shown we are well below the optimum 15 year resurfacing cycle
with our current program.
With respect to how we can increase Gas Tax funding for street resurfacing, we have the
following response. Currently, the vast majority of available Gas Tax dollars goes towards
resurfacing projects. In addition, we aggressively apply for other Gas Tax dollars through
programs such as the State Local Transportation Partnership Program (SLTPP).
There is also available approximately $490.000 in Gas Tax fund balance. We could utilize
some of these funds for additional resurfacing projects and leave a fund balance of
approximately $200,000. There should however be some caution taken if we further reduce
the fund balance since the State if proposing to reduce funding for the SLTPP program.
P:\MEMOS\RAULI9
BAKERSFIELD
PUBLIC WORKS DEPARTMENT
MEMORANDUM
TO: ALAN TANDY, CITY MANAGER
FROM: RAUL M. ROJAS, PUBLIC WORKS DIRECTO
DATE: JUNE 9, 1995
SUBJECT: RESPONSE TO FY 95/96 BUDGET WORKSHOP QUESTION
Question from Councilmember McDermott
"Staff should confirm that enough funding is available to handle landfill issues
and investigate the need to establish a reserve fund."
Response
Funding for final closure of the old landfill can be anticipated in three
segments: landfill gas control, mandated environmental closure with post
closure maintenance, and possible remediation work. While costs for the first
two can be estimated, the third will remain unknown until the State approves
the draft closure plan and Environmental Impact Report (EIR). According
to the consultant's studies, remediation will be accomplished through
implementation of the closure plan. Thus, no remediation costs are currently
anticipated.
Cost estimates and funding plans are as follows:
1. Landfill gas control
The approximate $950,000 cost for a gas control
system to achieve final closure is divided into a
$200,000 project currently underway, a $150,000
amount budgeted for design work in FY 95-96,
and the remaining $600,000 spread over five year
financing at $150,000 per year beginning in
FY 95-96. Staff has included FY 95-96 costs in
the proposed balanced budget.
Page i of 2
MEMORANDUM
AL,~uN TANDY, CITY MPuNAGER
DATE: JUNE 9. 1995
SUBJECT: RESPONSETO FY 95/96 BUDGET WORKSHOP QUESTION
2. Mandated closure and post-closure maintenance
The consultant's draft closure plan is estimated to
cost $2.3 million. Closure costs are shared
equally by the City and Kern County, except for
the burn dump and gas control work which are
the City's responsibility. The City's share of the
estimated $2.3 million closure work is $1.3
million. By spreading this cost over 5 year
financing beginning mid-year in FY 96-97 and
budgeting $120,000 annually for estimated post-
closure maintenance, staff estimates that a 50¢
per month per residence (or 4.8%) rate increase
would be required in FY 96-97.
Using the above projection, it does not appear necessary to build a reserve.
However, the possibility of high costs for remediation work still exists,
pending EIR approval. If these .occur and are not covered by the City's
insurance, they would typically be funded with 20 year financing to minimize
impact on refuse rates.
KPB:srnp:mro
c: Kevin P. Barnes, Solid Waste Director
Page 2 of 2
BAKERSFIELD
PUBLIC WORKS DEPARTMENT
MEMORANDUM
June 9, 1995
TO: ALAN TANDY, CITY MANAGER ,dJ~~!~
FROM: RAUL M. ROJAS, PUBLIC WORKS DIRECTOR//v'
SUBJECT: PUBLIC WORKS BUDGET WORKSHOP QUESTIONS / RESPONSES
Can the user fees at the Airport be increase beginning in
fiscal year 1995-96 to support its activities?
During the fiscal year 1991-92 and 1992-93 the fees were
raised 44%. Our present fees are comparable with other local
airports and at this time we do not have any more to offer
than similar facilities. We will analyze our fee structure at
the airport beginning September 1995. We will be able to make
recommendations to the Council regarding any increases by
January 1996.
What options are available for privatizing the Airport
operations? (Provide at least a preliminary report by January
of 1996)
Staff will begin gathering information on privatizing the
operations of the Airport an provide a preliminary report by
January 1996.
BAKERSFIELD
PUBLIC WORKS DEPARTMENT
MEMORANDUM
TO: Alan Tandy, City Manager
FROM: Raul M. Rojas, Public Works Director
DATE: June 7, 1995
SUBJECT: Value of City Streets
Currently, there are approximately 740 miles of paved streets and 150 miles of paved alleys within
the City of Bakersfield. This places our city in the top ten urbanized areas statewide with regard
to street mileage. The approximate value of our street "inventory" is as follows:
Arterial Streets 100 miles $102,200,000.00
Collector Streets 65 miles $ 31,506,000.00
Local Streets 575 miles $163,944,000.00
Alleys 150 miles $ 21,384,000.00
Total Street "Value" $297,650,000.00
The City has far outgrown our current system of pavement management and should consider some
of the more comprehensive programs available. Staff has done some research on these programs
and would like to propose a workshop in August for the City Council on pavement management
systems.
C 1094:\STREET$.MEM
RMR.'mps
xc: Reading File
Project File
Jacques R. La Rochelle
Marian P. Shaw
BAKERSFIELD
PUBLIC WORKS DEPARTMENT
Traffic Engineering Memorandum
DATE: June 7, 1995
TO: RAUL M. ROJAS, PUBLIC WORKS DIRECTOR
FROM: STEPHEN L. WALKER, TRAFFIC ENGINEER,/~--~
SUBJECT: RESPONSE TO FISCAL YEAR 1995/96 BUDGET WORKSHOP, PUBLIC
WORKS QUESTION NUMBER (TRAFFIC ENGINEERING RELATED)
Following is the Traffic Engineer's response to questions regarding traffic signals:
Can we move the Jewetta/Brimhall Signal CIP project up to FY 95-967
(Mcdermott)
Response:
The intersection is anticipated to meet warrants for a traffic signal in 1998. This
is based on available development information and projections of traffic volume
based on buildout in the area. Since the intersection does not now meet any
warrants and there are currently 25 other locations that now meet one, or more,
warrants, I do not recommend a change in the project year. If the intersection
should meet warrants sooner than anticipated, the proposed project year will be
changed accordingly.
Currently, the intersection is a simple "TEE" intersection with no road to the south
and the streets are only two lane roads. Installation of a traffic signal will require
additional right of way acquisition plus construction of the intersection to the
expanded intersection width standard. With respect to the future high school site
on Jewetta, about 1/4 mile south of Brimhall, the Kern High School District had
informed Traffic Engineering that the new school would not open until the fall of
1998 and this was taken into consideration in our scheduling. We have again
checked with Mr. Jack Colvard, KHSD, who verified that the fall 1998 date is the
earliest the school may open. If the intersection is funded for the 1997-98 year,
a signal should be operational by the time the school opens in the fall of 1998.
cc: PW Memo Files
Traffic Engineering File - Budget Workshop Questions 95-96 budget
slw:\OATA\WP~1995\BudQuest. Mem
BAKERSFIELD
PUBLIC WORKS DEPARTMENT
MEMORANDUM
June 9, 1995
TO: Alan Tandy, City Manager
FROM: Rani M. Rojas, Public Works Director ~~~
SUBJECT: Public Works Department Fiscal Year 1995-96 Budget Workshop
Questions/Responses - June 5, 1995
What positions were deleted from the Street Maintenance Division during budget
cuts? What was the impact of those cuts? Document the need for reinstating those
positions.
During the 1992-93 fiscal year in the Street Maintenance section there were twenty
employees and two supervisors that were responsible for maintaining 661 miles of
streets. This ratio of employees to streets is roughly 33 miles per employee.
During the budget process for fiscal year 1993-94 the Street Maintenance section lost
a Street Maintainer and Street Supervisor position. As a result, this section had
nineteen blue collar employees and a ratio of over 35 miles of streets per employee.
In the current fiscal year the City has roughly 739 miles of streets and still only
nineteen employees. This gives us a ratio of almost 39 miles of streets per employee.
As a matter of historical comparison, our ratio in the mid 1980's was 22 miles per
employee.
While much of the street maintenance equipment has improved, pothole
repairs, crack sealing, section repairs, concrete repairs and penetration sand
sealing are performed much as they were years ago. Consequently, the street
ratio increase from 33 miles to 39 per employee is an 18% increase. This
factor coupled with an extremely wet year has resulted in a significant
increase in the work load. Obviously, we have not been able to keep up with
this increase and the condition of our streets reflect this. As the street
mileage continues to increase the ability to perform standard maintenance
programs such as pot hole and section repairs, penetration sand sealing, crack
sealing, patching, etc. decreases significantly due to lack of available
personnel. The personnel that typically perform the standard maintenance
programs are street maintainers.
cc: Joe Lozano
STREET MAINTENANCE SECTION
STREET MILES PER EMPLOYEE
STREET MILES
$0
,30
20
lO
0
92/93 93/94 94/95 95/96 95/96 REQ,
NUMBER OF EMPLOYEES I~ MILES PER EMPLOYEE
NOTE' The 95/96 REQ. is based on the
request for two additional Street
Maintainers.
BAKERSFIELD
PUBLIC WORKS DEPARTMENT
Traffic Engineering Memorandum
DATE: June 7, 1995
TO: RAUL M. ROJAS, PUBLIC WORKS DIRECTOR
FROM: STEPHEN L. WALKER, TRAFFIC ENGINEER~
SUBJECT: RESPONSE TO FISCAL YEAR 1995/96 BUDGET WORKSHOP, PUBLIC
WORKS QUESTION NUMBER (TRAFFIC ENGINEERING RELATED)
Following is the Traffic Engineer's response to questions regarding traffic signals:
Provide status report on signal project at Akers and Panama Lane.
(Salvaggio)
Response:
The project is on schedule, The design please of the traffic signal project was
completed on April 28, 1995 with approval of the plans and specifications for
bidding. Bids from contractors were received and opened on May 24, 1995. The
Iow bid was received from Taft Electric of Ventura, California in the amount of
$95,143 which does not include the City furnished controller cabinet and traffic
controller unit. The award of contract is on the agenda for the upcoming June 14,
1995 Council meeting.
Construction will be scheduled by the Construction Inspection section of Public
Works after award of contract and receipt of signed contract documents. The
contractor has 35 working days to complete the project after receiving the notice
to proceed from Construction Inspection.
cc: Bruce Deeter, CE III, Traffic Engineering
Brad Underwood, CE III, Traffic Engineering
PW Memo Files
Traffic Engineering File - Budget Workshop Questions 95-96 budget
slw:\DATA\WP\1995\BudQuest. Mem
MEMORANDUM
TO: ALAN TANDY, CITY MANAGER R/~~.~-~-
FROM: RAUL M. ROJAS, PUBLIC WORKS DIRECTO
DATE: JUNE 7, 1995
REF: FISCAL YEAR 1995/96 BUDGET WORKSHOP QUESTIONS/RESPONSES
STATUS OF PANAMA LANE OVERCROSSING WIDENING PROJECT.
On January 11, 1995, the City Council approved the agreement for the consultant
to provide Caltrans with a Project Study Report (PSR) and Project Report (PR) to be
approved by Caltrans prior to the completion of the Plans, Specifications and Estimates
(PS&E). Based upon the original schedule, the combination PSR/PR was to be completed
and sent to Caltrans by June 1, 1995 with plans completed by January 1996. This project
is scheduled to be budgeted for in the fiscal year 1996/97. This allows ample time for the
completion of the project prior to advertisement in July, 1996.
At this time, I am happy to report that the PSR/PR has already been sent to Caltrans for
their review and approval. This project is right on schedule and design should be completed
on schedule baring any delays imposed upon us by Caltrans.
P:\MEMOSkRAUL18
MEMORANDUM
DATE: JUNE 8, 1995
TO: ALAN TANDY, CITY MANAGER
SUBJECT: RES~NSE TO QUESTION ~i~: ASKED DURING PUBLIC WORKS'
BUDGET PRESENTATION
The question is:
"Why do we conduct road maintenance and construction work during peak hours?
Can we find alternatives to complete the projects during off-peak hours?"
The answer is:
Our current policy is as follows:
On all construction projects involving major collectors and/or arterials and which
require lane closures, staff evaluates the volume of traffic anticipated in the
construction area dunng the morning and afternoon peak commute times. The
primary concern is for the morning commute since all of our projects are limited to
normal working hours of 7:30 am to 4:30 pm.
If construction of the project will require lane closures in the principal direction of
morning commute traffic on a given high volume street, the specifications include a
statement that the contractor may not close lanes in that direction of traffic prior to
8:30 am. If the morning commute traffic is uni-directional on the street, he may
close lanes in the non-principal direction prior to 8:30 am.
On some street segments in the City, traffic volume remains relatively high throughout the
day. Traffic will experience delays at those locations during a construction project. To
require the contractor to arrange his work in those situations to avoid creating traffic delays
would greatly increase the construction cost of the project.
Where the traffic volume is constantly high throughout the day, staff investigates other
possible options for minimizing the project's impact on vehicular circulation. One possibility
x^m~or~DxG~av, nc,a ^cK.60~
that is considered is evening and night time construction. This option works extremely well
in industrial areas since the vehicular traffic is very minimal at those times of day. In
commercial areas this option is less effective since there is vehicular traffic in the evening
hours due to customer amvals and departures from the commercial area. Staff very seldom
will allow this option on projects that are adjacent to residential areas due to the impact of
construction noise on those citizens.
In the circumstances where the contractor requests extra working hours beyond the normal
7:00 am to 4:30 pm, he must pay for the City Inspector's overtime. In addition, the
specifications issued for the project, never allow lane closures in either direction during the
afternoon commute time.
\ ARNOLD\G EN ElZ~ALL1 ACK.608
JUNE 7, 1995
TO: ALAN TANDY, CITY MANAGER
FROM: GREGORY J. KLIMKO, FINANCE DIRECTOR//~
SUBJECT: FISCAL YEAR 1995/95 BUDGET WORKSHOP QUESTION/RESPONSES
Below is the response to Councilmember McDermott request regarding:
Why is there a difference between the detail of Refuse Fund Expenditures on page
94 and revenues listed on page 1807
The $16,379,275 Refuse Fund Expenditures on page 94 reflects the Public
Works Department Operating Budget so funded. The Revenues on Page 180
includes funding for Debt Service, Capital Improvements and transfers for
additional refuse equipment in addition to the Public Works Department
Operating Budget.
kr¢
MGJK.20
BAKERSFIELD
MEMORANDUM
June 5, 1995
TO: GAIL WAITERS, ASSISTANT CITY MANAGER
FROM: JOHN W. STINSO~,bJA~SISTANT CITY MANAGER
SUBJECT: MERIT STEP INCREASE REPORTS
Attached is the most recent report on Merit Step Increases as requested by
Councilmember Mc Dermott at the June 5th budget meeting. It includes information
for the first quarter of 1995 and a summary of activity to date for this fiscal
year. These are distributed to the Council quarterly as part of the weekly
General Information memo.
MEMORANDUM
TO: JOhn W. STINSON, ASSISTANT CITY MANAGER DATE: 4/18/95
FROM: ANTHONY GONZALES, HUMAN RESOURCES SUPERVISOR ~
SUBJECT: REPORT ON MERIT STEP INCREASES
QUARTER PERIOD JANUARY - MARCH 1995
Per the City Council's request, attached is a listing by department of the number of eligible
employees who received Step 4 or 5 "ment~ increases for the quarter January - March 1995.
Thirty (30) of thirty-two (32) eligible employees received Step 4 or 5 "merit' increases dudng the
pedod.
STEP INCREASE REPORT
JANUARY-MARCH 1995
1 g-Apr-95
EXECUTIVE 3 2 I 1 2 1
FINANCE 1 I I 1 0 0
PoLicE 6 6 ~1 15 5
Fn~ 21 2 oi o 2
PUBLIC WORKS* 91 9 5! 5 4 4
W^rER RESOURCES
I
COMMUNITY SVCS 5 5 2 2 I 3 3
DEVELOPMENT SVCS I 3 ' 3 i 01 0 3 3
ED/cD o l o o i o o o
* Solid Waste totals are mctuded in Public Works and not Water Resources.
STEP INCREASE REPORT 1994-1995
Steps 4 and 5
18-Apr-95
EXECUTIVE I I 0l I I 1] 3i 2 2 0
FINANCE i 1 I 1t li I I 1 I 1 0
.~TTO~E¥ o i o l ~i ~j 2 , 3 o
POLICE [ 6 6i 171 15i 6{ 6 10 0
FIRE { 51 5 14 141 2 2 2 0
PUBLIC WORKS , 8[ 7, 8! 71 9 9 15 0'
WATER/SOLID WASTE
COMMUNITYSVCS 4t 4t 3! 31 5 5 2
DEVELOPMENT SVCS 2
~D/C~
~ Beginning January-March 1995, Solid Waste totals are included in Public Works and not Water Resources.
"*increases April-June not reported yet.
BAKERSFIELD
Alan Tandy · City Manager
June 9,1995
Councilmember Jacquie Sullivan
4123 Pinewood Lake Drive
Bakersfield, CA 93309
Dear Councilmember Sullivan:
Congratulations on your election to the Bakersfield City Council. As I believe you know,
your term of office is expected to begin on July 19, 1995. I would like to volunteer my
time to assist with an orientation program we have used for past new members of the
Council. I will be calling you within a couple of days to see if you can set aside a few
hours time to discuss general issues concerning your service on the City Council, as well
as specific topics you will be facing early on in your term of office.
We will also begin, immediately, to include you in all mailings of Council material. As
you probably are aware, the formal City Council meetings are on the 14th and 28th of
June. The past practice of the City Council has been to place you on the committees
of your predecessor. Unless some other decision takes place, that is likely to be the
case. Mr. Chow was serving on Community Services, Legislative and Litigation and was
the Chair of the Personnel Committee.
If you have any questions, please do not hesitate to contact me at 326-3751. The staff
is here to assist you in any way we can. I am looking forward to working with you.
Sincerely,
City Manager /
AT. alb
Enclosure
City of Bakersfield · City Manager's Office · 1501 Truxtun Avenue
Bakersfield ° California ° 93301
BAKERSFIELD
MEMORANDUM
June 8, 1995
TO: ALAN TANDY, CITY MANAGER
FROM' TRUDY SLATER, ADMINISTRATIVE ANALYST III
SUBJECT: MEETING AT BAKERSFIELD MUSEUM OF ART
A meeting was held at the Bakersfield Museum of Art on June 7 at 2:00 p.m. of
several individuals who expressed a growing and continuing concern with the
feeding of transients in the park. I was invited to attend as the City's
representative on the Board of Directors at the Museum.
The gist of the meeting centered around the desire to stop the feeding of the
transients in Central Park. Blank copies of petitions to sign were handed out
to attendees, and it was indicated that signed petitions from the Museum,
Community House (next to the Museum), antique dealers near the park, and possibly
others (DBA or Superintendent of Schools) would be presented to the City either
at the City Council's meeting of June 28 or in a letter to Mayor Price, or
possibly both.
At the close of the meeting, it was indicated that a letter would be sent to
Mayor Bob Price with a copy to Pat DeMond requesting essentially that the Police
increase patrolling of the park on a regular basis, with sweeps of the park at
dusk; that additional fencing of the swimming pool be added to allow for soup
kitchens to be set up near the east end of Central park and moveable tables be
taken over there for this purpose; and that the current restroom being used at
Central Park be closed on a trial basis except for special events.
Members at the meeting indicated that plans were being formulated to utilize the
15 minutes available under Public Statements at the meeting of June 28 to address
the Council on this topic. Still others would be encouraged to attend the
meeting as audience observers.
Sherry Dilliard, Museum Director, indicated at the end of the meeting that if
these changes could be made before the meeting of June 28, then the necessity for
several people to show up at the meeting would be avoided.
(M0608951)
June. 7, 1995
CONTACT: Steve 5aville,:Caltrans, (209) 488-4248
David Lyma~, dry of Bakersfield, (805) 326'3765
BAI~RSFIELD - The California Department of Transportation (Caltrans) and '
' the citY of Bakei'Sfield will hold a public awareness meeting on Tuesday,. lu~e 13 to
discuss the' fate 'of the Bakersfield Pedestrian Overcrossing over State Route '204.
..... · The. meeting will begin at 7' p.m. at the. Beale Memorial [,ibrar~, 701 Truxt~
Ave, in 5akersfield. , .. ' .
-' " The OverCrOssing, considered by many to be a communitY 1and~ar~' does"not ..
meet current eazthquake s~fety standards and will likely be removed u~ess local
money"Can' 'be raised to repair the structure.
'.'The pUrPose of the meeth~g is to raise community ·aWareness of this
sltuatiozt,' said' Caltrans .Permits l~ranch Chief Hal Avekiart. "Our basic concern is
that ii' the Overcrossing is to remain~ that it be. made safe for the. motortr~; public.'
...... .. Avaldan noted that the overCr°ss~g is not the property of the state or the
" city, but 'rather Privately 'owned, and that neither the current owrte~ or prospective
.. buyers have'VOiced an interest in repairing the structure.
· 'He. added that TueSday night's meeting will feature brief p~senta~ions, and
then.be °I>ened'up to public questions and suggestior~ ..
-- . ............................................................................................... ~ O~
x ~ :~:[:~:~:~::" ========================================================= :[:~:~:[:~:~:[:[:~:~:~:~:~:~:~:[:~:~:~:~:~
~ ~.,:~:,.,-.:.......-.,...., ...-: ..:..,: ...... : ...-: ........ ~ .'.'.'.', ~ .............................. '" :: ::: o
· .::.~::~::::::::: :.. ::::::::.:.:.:.' ,,,:::::: :::::::::::::: ::~:~:~:]( :~: ~: .:~:~: ..::::~ ::::::::::::::::~ :::::::::::::::::::: :::::::::::::::::::
~ ~ ~ ~::~;::~; ~ ~;~ ~ .... ================================================================================================================== ::::::::::::::::::::::
~ ~-~' Here's some news
thought I should paste on to you:
'OPRrev°kes MalibWs i'i~:~:' '~ :'~
. gene~l-plan ex~i0]i:5~)2p~::2~ ~ ~"CALIFORNIA PLANNING
"~ '~ ~: ? '~':~'~":~'~'<~'*~'~ & DEVELOPMENT REPORT
Environmental .Watch ~;,~ ;':- ~:
..Wilson s.spe~es refo,~ ¥ ~
:. '., ~,~,.!~;:~;::~¢~.0 :¢~;~;,[;: ¢; t~.~' Vol. 10, No. 6- June 1995
~,,:~:t~?~:.i::,+l,~ ~";~i~:.'~v~,~ ~.t; ~.ll.! around the Morris Newman
:~Cp&.D.;~Digest ,~ , ~..'.:,? state areChoose
~] ' ' b'. l, , 8 revising their Culminating
;~tl~v)n g~. ~UP., i~? growth-con- a seven-year
~ ;::¢?' 0VII trol ordi- search for the Merced
?-'"' ............................. "'s'ng
~.~-c~?~:q~ ;;~: 9!;'.~.~i~ ~ ~6~I University of
~ ~,~' ,:. ~.w,;.~5~ ~(¢~,?:, ! ;~47 nances, even
At~. unkue~'; ~ :~ g~¢? though a California's cov-
.... Growth
: ~~ :.;.'&;'~ ~ ['1~.~.~ ruling called in the San
lOt
~ many of them Joaquin Valley,
Control ,n,o,ue,tio... New UC
~.j}~, Last fall, an voted on May 18
~;;. ~ ~ ~ a p p e 11 a t e to choose Lake
~'~ Polici~ court ruling Yosemite near C~J~pus
struck down Merced over
~! Oceanside's Table Mountain
~ .,~ ~. ~.d~r. co=- lng I
,~ :~ Oceanside Case Hasnumerical ty. To a signifi- Plann ssues
· ,;- ' Little Impact So Far ,mo. ~o.,- ~, dmso. ,h~ Play Key Role
i ~ in~un~,, a, ~ho~¢ ,~o~.~a In Section
being in conflict with state housin[ and plan- around planning
-~; ,.;: ning law. (CP&DR Legal Digest, September issues, particular-
:~ is published monthly by *- 1994.) At least in theory, the case raised legal ly the availability of water and future development
~:I questions about similar numerical caps in some trends in the Valley.
Toff Fulton Associates .;:. 60jurisdictions around the state. In making their decision, the Regents
~ 1275 Sunnycrest Avenue But most cities say that there has been so lit- seemed fully aware that the choice of a campus
: Ventura, CA 93003-1212 .~ tlc development activity in recent years that was effectively a decision to build a new town.
~> 805/642-7838 ' "We
.:~ they are not bumping up against their caps. And kne~k whatever site was chosen would not
.,: .... lawyers for Building Industry Association simply be the 10th campus, but would be an
William Fulton,. chapters around the state say they are not plan- entire community," said UC spokesman Mark
.5~ Editor & Publisher ning any immediate action against other cities, Aydelotte, who cited a UC-commissioned study
~ Morris Newman, ~ although the BIA might lobby and sue some by Bechtel that indicated that a campus of
.~: ' cities if the homebuilding market heats up. 20,000 students would eventually grow to a
Senior Editor "I think the significant impact may be a community of 100,000 people. Despite intense
.: Stephen Svete, ~ chilling effect in the future," said D. Barton politicking, the decision seems largely symbol-
Elizabeth Schilling, .,.~ Doyle, a Los Angeles developers' lawyer and ic for the time being, however, because UC
Larry Sokoloff, former general counsel to the Southern Caldor- officials said they have no immediate plans to
~ Contributing Editors ,., nia Building Industry Association. "Many of start building the $750 million campus.
~ Allison Singer, :~ these ordinances Continued on page 9 The Merced site will Continued on page 10
f ' Circulation Manager
Subscription Price: G H Zo i g Rest ictecl
roup ome nn r
ISSN No. 0891-382X
A U.S. Supreme Court decision will make it Housing Act if used to restrict group homes for
We can also be accessed harder for municipalities in California and else- disabled persons. Federal law defines al, co-
electronically on where to block the establishment of group holism and drug addiction as disabilities for
NEWS Q homes for recovering alcoholics and drug purposes of the law.
For online access information addicts in single-family neighborhoods. The ruling reinforces both case law and leg-
call 800/345-1301 The high court ruled that local zoning ordi- islation in California that cast doubt on local
nances limiting the number of unrelated per- governments' ability to regulate group homes
, - , . - 'L, sons living together may violate the federal Fair See CP&DR Legal Digest, Page 5
/ . , June 1995
· /: DEALS
~'~:.- ~ Morris Newman
Bakersfield's Miracle Hotel Baby
The Convention Center Hotel in the City of Bakersfield is a may not have been difficult to reach. Finally, the city put $1 million
miracle baby. For nearly six years, the project was a classic into the project, which it will repay to itself out of tax increment
,. case of a redevelopment project gone wrong: The developer money and bed tax. Hammons also had the political good grace to
and its lender had both failed. The city had sunk millions of dollars choose local people to fill most of the hotel's top management posts.
into the project that seemed unrecoverable. And the real estate mar- Hammons' major concession to the city was to hand over the
ket could make dead donkeys appear lively. (CP&DR Deals, Octo- profits from the meeting rooms and ballrooms, traditionally a profit
ber 1991.) Yet Bakersfield officials beat some very long odds, and center for hotels. The city expects about $200,000 annually from
the project reaches completion this month, with a new developer, a those facilities, as well as about $550,000 annually in tax increment,
new design, and an unusual federal sub- bed tax, and sales tax.
sidy. Hammons began negotiating with the
The keys to the success in Bakersfield city in April 1993. The city then spent sev-
were at least three unusual factors: a eral months soliciting support from federal
favorable location for the hotel, the officials, including U.S. Senators Barbara
extraordinary financial strength of the Boxer and Dianne Feinstein, among oth-
developer, and the city's willingness to ers, to win the Section 108 grant. The
take the long view on the losses it grant came through in December 1993,
incurred in the earlier stages of the pro- and the Bakersfield City Council approved
ject. Dumb luck must also be factored in. the deal the same month. Construction
The project looked like a winner when began in April 1994. The hotel officially
it started in the late 1980s. Bakersfield opened for business on June 1 of this year.
was losing bookings at its convention cen- Hammons had to show some creativ-
ter because it lacked a hotel to support the ity in architecture, as well as finance. The
facility. A group led by Denver-based Air- hotel developer likes dramatic awiums, but
coa spent $4 million to build the Clarion the existing structural skeleton of the hotel ....
Hotel, when its lender, Mercury Savings did not permit such a space. Hammons had
& Loan, was declared insolvent by federal the hotel redesigned with a three-story
banking regulators. To prevent the hotel entrance lobby that satisfied his taste for
from becoming an asset of the Resolution grand spaces, while adding something
Trust Corporation, the redevelopment notable to the profde of Truxtun Avenue.
agency exercised its fight to foreclose and Interestingly, Bakersfield's arid eli-
began looking for a new buyer. One mate also played a constructive role,
promising deal with Hallmark Ventures of Santa Rosa fell through according to Jake Wager, the city's economic development director.'
in June 1991, when the developer chose not to renew its option. "If we had been on the coast, we would have had to demolish the
The unfinished skeleton of the hotel was threatening to become a structure," he said. "Being in a dry area with very little moisture or
permanent part of the downtown skyline when developer John Q. salt, the structure was in excellent condition, which was a miracle in
Hammons entered the picture. Formerly a major stockholder of Hol- some respects."
iday Inn and the largest franchisee of Holiday Inn hotels, Hammons Even before the hotel's doors open, the benefits of the hotel are
already had experience in running hotels in "middle market" loca- showing themselves, according to Wager, who reported that the city
tions like Bakersfield. He was also listed on Fortune Magazine's list has already booked a number of conventions that would have been
of the country's richest men. Best of all, Hammons was willing to unthinkable without the hotel. "The prediction that we could fill the
provide completion guarantee to the city, even if his company aban- convention center hotel with sufficient business to spill over to the
doned the project. He began negotiating with the city in April 1993. city's hospitality industry is already bearing out," he added.
Initially, the financing was complicated. The city promised to Bakersfield's success in completing the hotel also gives them the
raise $13 million for hotel construction from the sale of Marks-Roos last laugh to skeptics, including this writer, who suggested the project
bonds, which essentially allow cities to obtain financing for a vari- would be difficult to impossible to pull off. After all, the project was
ety of projects through a single underwriting. In the end, however, exactly the kind of long shot that we shake our heads at in these
Hammons chose to go directly to Wall Street, and obtained financ- pages. I still don't think cities should get involved in the hotel busi-
ing through a $113 million bond underwritten by Kidder Peabody, ness, and I believe that most cities would be better advised to tear
that financed or refinanced a group of his hotels. Another delicate down the existing structure and start all over again. Bakersfield's
part of the financing was a $2.5 million loan from federal govern- good fortune was to find a developer with both fmancial depth and
ment, under the Section 108 program, which allows cities to borrow experience in the hotel industry. The city also showed wise restraint
against their community development block grants. To pay off that in taking the long view in recovering its own costs. And, unlike some
loan, the city has earmarked $375,000 annually of its CDBG funds other failed hotels, the Bakersfield Convention Center had arguably
for the next 10 years. One condition for the loan is the city's assur- the best location in town. So miracles can happen, and skeptical jour-
ance that the developer will hire at least 51% of the hotel work force nalists can stand in the hot Bakersfield sun at the opening festivities,
from people who are in the low- and moderate-income range. With sipping a glass of champagne while wiping some egg off their faces.
1,500 people applying for 150 hotel positions, those hiring goals Just don't expect such miracles every day.
B A K E R S F I E L D '
PUBLIC WORKS DEPARTMENT
MEMORANDUM
TO: Alan Tandy, City Manager
FROM: Raul Rojas, Public Works Director/~Z~,~
DATE: June 6, 1995
SUBJECT: COUNCIL INQUIRY
ASSESSMENT DISTRICT 94-1, RENFRO/HUGHES
This information is in response to an inquiry from
Councilmember Mark Salvaggio regarding the construction
schedule on the above-subject district.
The contract for the Hughes-Pacheco Sewer Project is to be
awarded in July with construction to start in August. The
project is expected to take approximately 10 weeks and should
be completed by late October.
Mr. Arthur Doland June 1, 1995
3117 Jackie Ct.
Bakersfield, California 93313
RE: MAINTENANCE DISTRICT (PUBLIC HEARING)
Dear Mr. Doland:
Thank you for attending the Public Hearing on May 31, 1995
regarding the Consolidated Maintenance District. You asked several
questions which I will attempt to address.
Question ~1: Does the Consolidated District assessment pay to
maintain landscaped median islands?
Answer: The Consolidated District includes two (2) zones
of benefit. They are the park zone of benefit and
the streetscape/median zone of benefit. If your
property benefits from a park it is assessed for
park maintenance. If your property benefits from
streetscape or medians it is assessed for
maintenance of medians or street landscaping.
If your property benefits from both a park and
streetscape/medians, then your property is
assessed for both.
The property you own on Jackie Court, east of Wible Road and north
of Panama Lane, is in the park benefit zone for Challenger park on
Harris Road and Akers Road. You are assessed annually to pay
towards the maintenance of that park. This years' single family
park assessment for your area is $16.28, an increase of $2.90 from
the previous year.
Median landscaping was' recently installed on Wible Road west of
your home. This landscaping was installed due to the Auto Mall
development and therefore, the maintenance for this median is
assessed against the Auto Mall properties. Your property on Jackie
Court is not assessed for streetscape/median maintenance.
4101 TRUXTUN AVENUE BAKERSFIELD, CALIFORNIA 93309 (805) 326-3117
Question #2: can the City use gas tax funds to maintain median
landscaping?
Answer: The City uses the majority of gas tax funds for
street improvement projects such as traffic
signals, paving and curb and gutter repairs. Gas
tax funds have been used to construct medians
including landscaped medians. The current City
policy is not to utilize gas tax funds for
maintenance of median landscaping.
The formulas used in calculating the Consolidated Maintenance
District assessments can be confusing. Sometimes it is best to meet
in person to gain a better understanding of the process. If you
would like to discuss this further, please contact me to set up a
time and location which is convenient for you.
Thank you for your interest.
Sincerely,
Frank Fabbrl
Parks Superintendent
cc: Mayor and Councilmembers Alan Tandy, City Manager
Lee Andersen, Community Services Manager
Raul Rojas, Public Works Director
Georgina Lorenzi, Business Manager
June 2, 1995
Randy Abigt
10005 Laurie Avenue
Bakersfield, CA 93312
Subject: Consolidated Maintenance District (Public Hearings)
Thank you for attending the Public Hearing on May 31, 1995 regarding the Consolidated
Maintenance District.
Your protest included questions which I will attempt to address. Specifically, you had asked if
there is a cap on the assessments or will there be a time when the assessments will level out.
As you are aware, the Calloway and Zenith area is included in the streetscape/median zone
of benefit within the Consolidated Maintenance District. Your 94/95 assessment was $31.88
reflecting a tier 1 street landscaping assessment. Your proposed 95/96 assessment is $47.50
which reflects a tier 2 assessment. The reason for the change in tiers is due to the additional
landscaping (median landscaping along Calloway between Hageman Road and Meacham Road)
installed in the area.
At this time, I do not anticipate the Calloway and Zenith area being placed in a tier higher than
tier 2. Assuming continuation of the same Council approved subsidies and adjusting for
inflation, you should not see major fluctuations in your annual assessment which is a positive
feature of the Consolidated Maintenance District.
If you would like to discuss this further, please contact me to set up a time and location which
is convenient for you.
Thank you for your interest.
Sincerely
Frank Fabbri
Parks Superintendent
FF:GL:eb
abil~it Jette r Jotu~
cc Mayor and Councilmembers
Alan Tandy, City Manager
Lee Andersen, Community Services Manager
Raul Rojas, Public Works Director
Georgina Lorenzi, Business Manager
4101 TRUXTUN AVENUE BAKERSFIELD, CALIFORNIA 93309 (805) 328-3117
BAKERSFIELD
MEMORANDUM
June 9, 1995
TO: GAIL E. WAITERS, ASSISTANT CITY MANAGER //~
OM/~D
FR .B. TEUBNER, ASSISTANT TO THE CITY MANAGER
SUBJECT: KERN COUNTY CITIES SR. CENTER OPERATIONS - Progress Report
I have talked with all of the cities in Kern County with the exception of
California City (Staff was unable to contact anyone). They were asked what, if
anY, General Fund contribution they made to a local Sr. Center and if the City
operating a Sr. Center directly. I received the following information:
City Contribution
Arvin The City operates a Senior Center with a $40,000
General. Fund Contribution and a grant from the
Office of Aging.
Delano Delano operates two Senior Centers, however, both
generate enough revenue to be self supporting with
the addition of a grant from the Office of Aging.
Wasco Wasco does not make a contribution or operate a
Senior Center. They do however, operateaDial-a-Ride
service for seniors funded with TDA funds from Kern
Council of Governments.
Shafter Shafter also does not operate or contribute to a
Senior Center. They also operate a senior transit
system with TDA funds.
Taft The City of Taft also does not operate or contribute
to a Senior Center. There is a special recreation
district which provides those services. The City does
however, provide a senior dial-a-rides service funded
with TDA funds from Kern Council of Governments.
Tehachapi Tehachapi owns a Senior Center and maintains it at
a cost of approximately $2,000 per year. The
operations are funded with the revenue generated from
the Senior Center's programs.
Ridgecrest Ridgecrest also owns a Senior Center as well as
operating it. the operations are funded with an
Office of Aging Grant and $30,000 from the General
Fund.
In addition I have contacted the Innovation Group and asked for them to send me
information on city operated senior centers in California. I should be receiving
the information within the next week.
BAKERSFIELD
MEMORANDUM
June 9, 1995
TO' GAIL E. WAITERS, ASSISTANT CITY MANAGER /~) f o)
FRO~D.B. TEUBNER, ASSISTANT TO THE CITY MANAGER
SUBJECT: SENIOR CENTER LANDSCAPE MAINTENANCE
Per Councilmember Salvaggio's request, I have compiled information on the total
cost of the landscape maintenance services provided to the Bakersfield Senior
Center, what types of services the Parks Division provides and the names ~f other
non-profit organizations that the City provides this service to and the cost.
The City is required to provide landscape maintenance as part of the main
facilities lease with the Bakersfield Senior Center. Maintenance for the
adjacent Crippled Children's Society building is also included since the City
owns that facility as well. The Community Services Department estimates that
the annual cost of this service is $5,736. This includes labor, equipment,
supplies and overhead. The services provided include mowing, weeding, pruning
and pesticide application of the landscaped areas. The Parks Division prepared
the attached estimates of the number of hours spent on the maintenance annually
and a cost breakdown for the services.
In addition to the Bakersfield Senior Center, the City Parks Division also
provides limited services to two other non-profit organizations. The first is
the Art Museum, however, most landscaping surrounding the museum is considered
part of the Park and therefore is the City's responsibility. The primary
maintenance service provided is pesticide spraying inside the museum at a cost
of $1,188 annually. A breakdown of the costs and hours is attached. The second
is the Community House where the City pays for water costs up front because
Community House is on the same water meter as Central Park. However, Community
House does reimburse the City for their water consumption costs.
If you have any additional questions, please let me know.
..~ JUNF 7-95 WED 16:41 BflKERSFIELD PARKS DIV FA× NO. 18058610864 P. 03
SENIOR CITIZENS/CRIPPLED CHILDREN'S SOCIETY
ESTIMATED ANNUAL MAINTENANCE COSTS-PARKS DIVISION ONLY
Fit FNAME:C:\MISC\PARKS~vlAINT
HOURS RATE COSTS]
LABOR:
PARK MAINTAINER I (MOWING) 30.00 12.952 389
PARK MAINTAINER III (MAINTENANCE) 36.00 16,006 576
PARK MAINTAINER-TEMP (MAINTENANCE) 108.00 7.250 785
SPRAY RIG OPERATOR (INSECTICIDE APPLICATION) 76.00 15.301 1,163
PARK MAINTAINER I (INSECTICIDE APPLICATION) 4.00 12.952 52
FRINGES (45%- PERMANENT; 21%-TEMPORARY) 1,145
CHEMICALS AND EQUIPMENT 478
SUBTOTAL 4,586
DEPARTMENT OVERHEAD 18,00% 825
SUBTOTAL 5,411
CITY OVERHEAD 6.00% 325
TOTAL COSTS 5,736
~ JUN~- 7-95 lIED 16:41 BAKERSFIELD PARKS DIV FA× NO, 18058610864 P. 04
ART MUSEUM
ESTIMATED ANNUAl.. MAINTENANCE COSTS-PARKS DIVISION ONLY
FILENAME :C;\M ISC\PAR KS~VIAINT
LABOR;
SPRAY RIG OPERATOR {INSECTICIDE APPLICATION) 36.00 15.801 551
FRINGES 45.00% 248
EQUIPMENT
CHEMICALS AND EQUIPMENT
SUBTOTAL 950
DE PARTME NT OVER HEAD 18.00% 171
SUBTOTAL 1,131
CITY OVERHEAD 6.00% 67
TOTAL COSTS 1,188
"WE CARE"
DATE= JUNE 2, 1995
TO: ALAN TANDY, CITY MANAGER
FROM= MICHAEL R. KELLY, FIRE CHIEF~-
SUBJECT: FIRE FUND
The City has received $848,674 from the Fire Fund in the current
fiscal year (two payments of $424,337). The City has paid $650,000
(two payments of $325,000) to the County of Kern for the staffing
of Rio Bravo Fire Station 10. In addition, the City has made the
first of three payments, $155,316.67, for the engine house and
Station 6. Two additional payments of $155,316.67 will be made;
one in January 1996 and one in January 1997.
The City paid the County $55,979.67 in January 1995 which was the
net result of three items: the $325,000 Rio Bravo payment due the
County; the first installment of the engine house and Station 6 due
the County; and the $424,337 Fire Fund installment due the City.
The County paid the City $99,337 which was the second Fire Fund
payment of $424,'337 minus the Rio Bravo Fire Station payment of
$325,000. Our next transaction date will be January 1996. We will
pay the County the second payment for the engine house and Station
6 and the County will pay the City one-half of the 1994-95 City
portion of the Fire Fund.
Please see the attached copy of the claim voucher prepared January
17, 1995, and the attached copy of the Daily Report of Monies
Collected prepared May 30, 1995.
MRK/kec
cc: John W. Stinson, Assistant City Manager
Attachments 2
~,- CITY OF BAKERSFIELD
CLAIM VOUCHER NO.
No. Acct. No. / No. No. A¼OUNT
Vendor NO. I
11 74800/ 371 325,000.',00
CLAIMANT'S NAME AND ADDRESS 11 29000/ 155,316.',67
KERN COUNTY FTRE DEPARTMENT 11 51027/ (424,337
5642 VZCTOR STREET
BAKERSFTELD, CA 93308
ATi'ENTION: DAN CLARK
CITY DEPARTMENT: FTRE
i certify that this claim is correct and valid, and is a prog~r c¢narge agait~s~
the City Agency and Account Indicated.
~7' (~' ~ 27 JAN 95
AU PRIZED SIGNATURE OF (~ITY AGENCY) (DATE)
Initials of Prepare~ PC
PLEASE PROVIDE SHORT EXPLANATION OF PAYMENT
Transferred from City to County:
$325,000 for operation of Rio Bravo Sta
$155,316.67 for facility acquisition
Transferred from County to City:
$424,337.00 payment for fire service to
unincorporated area
Net difference due to County from City.
$55,979.67
VOUCHER TOTAL '55,979.67
FINANCE DEPT. USE ONLY
Examined & Approved for Payment Amount
CLAIMANT EXECUTE THE FOLLOWING
I (We) hereby caitifF that the materials or services $iaown hereon were
furni$t~ed the City of Bakersfield: that no part thereof has been paid; tt~ar
~ECT1ON 72, PENAL COO~ tile items of this claim are just and lecjal; tiaat there is due rne undersigned
~ec. tlon 72, P,reaentl,~g ~ C~Im~. Every person wh~ with intent to the amount shown hereon.
defraud, presents fo~ a~l<~war~e or for payment to any state board or of-
ricer, or any county, town, city dt~Tict, ward or village board or office', (Firm Name)
authorized tO allow or pay the ~n'~ if genuine, any false or fraudulent
ctaim, bill, account, waucher, or writing, is guilty of a felony. By:
(Street or R.F.D.)
(Clbf) (State)
. . BAKRsFiELD
CITY OF
.... -. . DAILY REPORT OF MONIES COLLEC'I~D ...-
"' AND AUTHORIZATION TO DEPOSIT MONIES WITH THE CITY TREASURER "'
· ' ..... ~' ~ :" NO.
DEPARTMENT FIRE ..... - ~ ... ' .-~.'3'52 i...
..:. ~ ..:....Y DATE 05-30-95 '~"
FND DEPT/ ' AMOUNT
NO. DIV 'BAS EL OB DESCRIPTION. PER ACCOUNT .. PER FUND
01.1-0000-344.61-00 p'rRl~ FUND R.EV~N~ 93-94 1./2 PAYMENT 424,337.00
011-3031-527.70-12 RIO BRAVO STAFF'~NG PAYM]~I~ 2ND HALF 325,000.00
oxx-oooo-344.5 .-oo OF F r.R R :PORT$
TOTALS 99,357.40
RECEIPT NO'S 210654 TO 210660 INC. I C~.R~Y THE ABOW RE~ORT OF CASH COLL~ONS I-~ T~U~
RECEIPT NO'S TO INC. AND CORRECT. A COPY OF EACH RECEIPT AND OR BANK
RECEIPT NO'S TO INC. DEPOSIT TAG IS ATTACHED AND MADE A PART THEREOF.
-~,_ ~'~..,,.~ ' DEPARTMENT HEAD
ORIGINAL OF RECEIPT MUST ACCOMPANY
ANY CANCELLED RECEIPT.
SUBMIT ALL THREE COPIES TO THE AUDITOR-CONTROLLER FOR CERTIFICATION PRIOr'OR DEPOSITING MONIES WITHTIIHE TREASURER. AUD.CONT.
RETAINS WHITE COPY TREASURER RECEIPTS YELLOW AND PINK COPIES. DEPARTMENT REFAINS PINK COP~.{~'IRId, A~URER'S
RECEIPT NO. AUTHORIZATION NO.
AUD.CONT. COPY FILED NUMERICATREASURERS COPY BY DEPT. NAME PINKCOPY RETURNED TO DEPARTMENT
A005 9?8-01402 99,357.~0 05/30/95
KATI~.~F.N CONNELL
SACRAMENTO,
Hay ~0, ~995
Honorable Members of the City Council
City of Bakersfield
1501Truxtun Avenue
Bakersfield, California 93301
Dear Council Members:
SUBJECT: lg93-94 FISCAL YEAR SINGLE AUDIT REPORI CERTIFICATION AND AUDIT
FINDING RESOLUTION
We completed a desk review of your single audit report for the 1993-94 fiscal
year (this includes fiscal years ended September 30, 1993, December 31, 1993,
March 31, 1994, and June 30, 1994). We determined that the report meets the
requirements of the United States Office of Management and Budget {OMB)
Circular A-128. OMB Circular A-128 prescribes the audit and reporting
standards for state and local'governments which receive federal financial
assistance.
OMB Circular A-128 requires federal and state funding agencies to resolve any
audit findings cited in the report which may affect federal financial
assistance programs. Attachments A and B to this letter identify those
findings which require resolution. The findings are referenced by enclosure
(EN) and page number {PAGE).
State agencies should resolve those findings listed in Attachment A. OMB
policies require the state to resolve findings which affect federal programs
administered by state agencies. The responsible state agency will contact you
to resolve the audit findings listed.
The State Controller's Office {SCO) is responsible for resolving most
cross-cutting findings or audit leads. A cross-cutting finding is one which
affects the programs of more than one agency. Our office will contact you
about those findings later. An audit lead is a specific issue identified in
your report which may require additional investigation by federal or state
agencies. Federal or state agencies may ask you to provide additional
information related to the audit lead.
-2-
Attachment B lists findings which affect programs directly administered by
federal agencies. The federal agencies shown should contact you to resolve
these findings.
Your audit report may also contain general internal control findings and
management report comments not referenced in Attachments A and B. These
findings do not appear to affect federal financial assistance programs.
Therefore, we have not identified them for resolution action; however, you
should ensure your audit report for the 1994-95 fiscal year addresses these
findings.
Your audit satisfies all financial and compliance audit requirements under
individual federal assistance programs. This does not preclude state and
federal agencies from making any additional audits which are necessary to
carry out their responsibilities under federal laws and regulations. State
and federal agencies may contact you to arrange for additional audits.
If you have any questions regarding this letter and its attachments, please
contact a member of my Single Audits staff at {916) 324-6442.
Sincerely,
Robert Fees, Chief
Education/Single Audits Branch
Oivision of Audits
RF/svz
Attachments
cc: State and Federal Funding Agencies
Independent Auditor
Auditor-Controller (Counties Only)
Director of Finance (Cities Only)
SCO-Local Government Fiscal Affairs (Special Districts - Report Only)
DATE: 05/]0/95 ATTACHMENT A
AUDIT REPORT FINDINGS - STATE AGENCIES
City of Bakersfield
FEDERAL
AGENCY NAME PROGRAM NAME CATALOG PAGE EN
State Controller's Office
Audit Lead-Internal Service Fund 99.250 101 1
Cross-Cutting Issues 99.999 13 2
'DATE: 05/10/95 ATTACHMENT B
AUDIT REPORT FINDINGS - FEDERAL AGENCIES
City of Bakersfield
FEDERAL
AGENCY NAME PROGRAM NAME CATALOG PAGE EN
U.S. Department of Housing and Urban Development
Community Dev Block Grants/Entitlement G 14.218 14 2
Community Dev Block Grants/Entitlement G 14.218 13 2
FROM THE £ BAKERSFIELD
June 6, 1995
For more information: For immediate release
Jake Wager, Economic Development Director
City of Bakersfield
326 3765
Bill Mungary, Director of Community Development
County of Kern
861 2041
SOUTHEAST BAKERSFIELD WORKSHOP TO FOCUS ON
STREET LANDSCAPING AND OTHER IMPROVEMENTS
A community workshop to discuss street landscaping and other improvements in southeast
Bakersfield is scheduled for Monday, June 12. Southeast residents, businesses, property
owners, and others interested in the role street improvements can have in neighborhood
revitalization are encouraged to attend and share their ideas.
The workshop will focus on how streetscape improvements can revitalize the appearance of
major streets in southeast Bakersfield and help attract investment. Leading the workshop will
be Mr. Michael Freedman, renowned urban designer and town planner. Mr. Freedman is a
principal in the San Francisco fu'm of Freedman, Tung, & Bottomley.
The workshop is the first step in developing a multi-phased plan for additional landscaping in
southeast Bakersfield. Based upon the community input at this workshop, it is proposed that
a student design team from Cal Poly San Luis Obispo will develop a landscaping plan later
this year. Recommendations from the student plan will be the basis of City and County (and
possibly State) funding considerations for the following budget year.
Prior to the workshop, people are encouraged to drive the study area and jot down their
thoughts about what they saw, their impressions of the area, and what visitors would think
when driving through this part of Bakersfield. The tour route is as follows:
Drive north on Union Avenue from Brundage Lane, then right on East
California Avenue, right at Lakeview Avenue, right at East White Lane, then
right at South Union Avenue. Turn right at East Brundage Lane. Drive East
Brundage Lane to Weedpatch Highway (Route 184), right at Weedpatch, then
right to Freeway 58 West. Exit Union Avenue and return to the starting point.
The session is sponsored by the City of Bakersfield, County of Kern, and the Local
Government Commission. The workshop is one of ten workshops scheduled in San Joaquin
valley communities that are funded by the San Joaquin Valley Unified Air Pollution Control
District.
The workshop will begin at 6:30PM at the Claude W. Richardson Center cafetorium, 1515
Feliz Drive, just east of Cottonwood Road and south of Freeway 58. Plenty of off-street
parking is available. The workshop is free, and those interested in attending should call 323-
2558 to reserve a space. This number is answered 24 hours a day.
Kmart Corporation
internationaJ Headquarters
3100 West Big Beaver Road
Troy MI 48084-3163
May 25, 1995
HONORABLE BOB PRICE
1501 TRUXTON AVE
BAKERSFIELD CA 93301
Dear Mayor Price:
Pursuant to the Worker Adjustment and Retraining Notification Act this correspondence serves
as written notice that Kmart//4102, 401 34th Street, Bakersfield, California 93301 will
permanently close August 30, 1995.
Terminations will commence on or about August 8, 1995 and the number of affected
employees is approximately Seventy Four, (74). Please be advised that bumping rights are
non-existent.
Should you desire additional assistance please contact the undersigned at (810)643-1144.
Sincerely,
Richard L. Kalajian
RLK/le
BAKERSFIELD
Economic and Community Development Department
MEMORANDUM
June 1, 1995
TO: Jack Hardisty, Development Services Director
Dennis Fidler, Building Director
FROM: Jake Wager, Economic Development Directo[ ...2r ~,~
SUBJECT: Neighborhood Initiated Code Enforcement
Over the Memorial Day weekend I read the attached article in the Arizona Republic. It seems that
Phoenix has arrived at a crucial decision point. I thought it may be of interest to you.
cc: Alan Tandy, City Manager
Judy Skousen, City Attorney
Changes aim
to put teeth
ordinance
to-tidy up City ·
By'Mary Jo Pitzl
the A,rl..zor~, Repub!ic, ~e h:
Thi~*~an 'cruises through a n ig-
borhood that hangs its dirty linen out~
for all to see.
-Ix>ok at the mattresses over here,".
a disdainful, voice calls out from the
van's back seat. "Garbage.".
· "Gorgeous~ fence," chimes in an- ~ a~yan Chan/'I'~ Arizona
other l~assenger,;~her.'voice dripping i Alma Williams and other neighborhood activists have lobbied', cajoled, heckled and nagged city officials to insert a
:' '-tL~ ~ ~: ::' ' ~' ' ~ 'ri I '
w]th~.sarcasm~as she porn,ts ,tq afe. ce backbone into the city's ordinance that helps clean up neighborhoods. Tuesday, they may get what they want
Changes aim to tOUghen
"".~i/=..is what thc City'calls'
'traniiti6~. neighborhogd./. '~
Wiliiiims'explainsaSsheiteersth¢'vanlaw t° tidy neighbOrhoOds
dowfi'zan, east. Central-Phi~ifi~, itie~t. )
"But it ain'i transitionin'g~;b~.i~?ib~n¢~,
way.,,.-' . ,*:., i ~.~'. .:: . . .....i
The'* downhill'* slide 'of 'Ph~nix's I
neiglilmrhoods' 'has 'been.' tile ';f~liyingvt
cry of:Williams and her 15and of'! --CiiAll~S, froml~geAl ' ~ who say, 'Why the hell are you
ncigkisorhood activists.':* '." '" - ':! ' I~ROPO$1=D picking on me when you have three
· The~/have lobbied, cajoled,' hecJdcd.' 7 when the City Council votes on CH~NGi~$ slobs down the street?'" City Coun-
cilman John Nelson said.
and nagged'city b~ciali-i6 insert 'a.:i changeSnance, to the nuisance-control ordi- Under proposed changes, The proposal would allow inspec-
backbtnc.','.into the'. city's' ordinance., zoning inspectors would not
tliat,h~i~'clean Ul~'fieighborh~.i ' ;' ,..~I There are two noteworthy changes: have to wait for. a citizen tors to initiate action when there is
Targeting repeat offenders and allow- complaint but could issue cita. "obvious detriment and blight," such
· On 'l~esday, they may-get a ~yoff" ing city inspectors to initiate action tionswhen they s~: as junked vehicles and falling-down
~';i.. "5 ',.: .~ :' ~ ' .~' ..: ; '" ~ '~ . ' ' rather than wait for complaints. · Ovorgrown we,ds, bushes, fences.
'.~ ... ~ :2_ See. ¢lll~l~$, page A38 Councilman Cody Williams, no trees, grass and/or vegetation. It would give Phoenix more "bang
;' :. / relation to Alma Williams, wants to · Inoperable Vehicles. for its buck," said Councilman Craig
....... call it thc "Neighborhood Kick Butt · Junk, lifter and debris. Tfibkcn, who has shepherded many of
and Take Names" ordinance. · Vacant bm3dings and struc- thc proposed changes through thc
Others demur, preferring more-sc- tures. )roccss,
'" date tifles, e Outsidesto~age. It also wo*uld provide a' new
· Fences in disrepair, computer system that would help the
But the policy's tougher language e Vehicles parked in front or. .
aim~ tO give the city more ammtmi- side yards, and eas~s where city track offenders and' identify
don to go after chronic slobs like too many v~hiel~s are parked repeat problems.
those on Alma Williams' van tour. on a lot. : Sumner, anticipating the property-
; Although some are thrilled with the , . rights argument, falls back on her
proposed changes, others are worded oft-repeated line.
about giving government too much policy, our property rights won't be "Property rights?" she asks. "What
power, protected." about property responsibilities?"
"There was not an overwhelming While,it's fine to urge neighbors to
sense that inspectors should be pro-ac- work things out, Alma Williams said,
five," said Mary Ann Ustick, the sometimes it takes a hammer to get
- city's Neighborhood Services director, things don~
"And I think that's because of fear of The van continues its less-than-see-
government." nic tour.
The ordinance, called Neighbor- "I don't want to tell you how many
hood Maintenance and Zoning Eh. cars Were in that yard back there,"
forcement, was created in 1987. one alder says as the van passes a
From the beginning, it has stirred property that held a baker's dozen of
debate about what is right and wrong junked-out vehicles.
· ... with government.. On a nearby lot, a goat looks
Proponents say the nde helps quizzically at the passing van.
..... strengthen neighborhoods by setting "I'd rather have that goat than
.... standards for what is. unsightly, but some of my neighbors," Alma Wil.
opponents fear that, carried too far, it liams ~a~.
could allow government to tell people A recent cleanup in her Green
how to live. Gables neighborhood, near 24th Street
Ginnie Ann Sumner doesn't buy and Thomas Road, netted tons of
such arguments, trash. But at least six familie~ moved
She has watched as her elderly out after they realized how run-down
parents poured time and money into' the area had become, she said.
their home in east-central Phoenix The need to toughen the ordinance
only to see it caught in the riptide of became apparent last' fall, when
' urban decay, meetings with neighborhood groups
" The blight has eroded their prop- highlighted widespread discontent.
erty values, and they'll never recoup A key complaint: Running the
· their investment, she said. program on a complaint-only basis
"One of the reasons I got into this pitted neighbor against neighbor. And
was because I'm a strong property- it didn't necessarily focus on the worst
rights person," Sumner said. "Until eyesores.
we get some consistent and written "We get a lot of calls from people
WB League of Californi.a Cities
~~~ 1400 K STRE~ · SACRAMENTO, CA 95814 (916)
Work Together
May 1995
TO: Mayors and City Managers
RE: Report of the Immigration and Naturalization Task Force
of the League of California Cities
The League of California Cities is pleased to forward to you a report prepared by the League's
Immigration and Naturalization Task Force, recently adopted by the board of directors. Many
hours of work were spent by city officials throughout California researching the impact of
immigration policies on cities. This report details the finding of that research and includes a
series of recommendations for policy development regarding immigration.
The Task Force spent many hours in meetings, touring the San Ysidro border facilities,
and reviewing data and documents. Its analysis deals with those issues that affect local
government: the role of local government; the need to educate communities about diversity; the
role of California agencies on immigration issues; and the role of the federal government.
The report reinforces the philosophy that the United States is a land founded by immigrants
whose total ethnic makeup works to enrich our historic and social fabric. Our ethnic diversity
serves as the catalyst that educates, and adds strength and substance to our cultural unity. This
document reflects the valuable contributions of immigrants and recommends a just immigration
policy for the people of California.
We ask that you give this report the careful attention it deserves.
g:\excom\immltrs.doc I ~~ '~-~3
League of
California
Cities
Report of the Immigration
and Naturalization Task Force
May 1995
Table of Contents
Introduction...~ ............................................................................. ~ .......................... 3
Recommendations For Policy Development ........................................................ 4
The Impact To Local ............................................................................................. 5
Government Of Immigration ................................................................................ 5
The Range of Impacts ................................................................................................................. 5
Employment ................................................................................................................................. 7
Housing ........................................................................................................................................ 7
Education ..................................................................................................................................... 7
Public Safety and Community Services ........................................................................... ~ ......... 8
Educating Our Communities About Diversity .... ~ ............................................... 8
Statistics and Stereotypes ........................................................................................................... 8
Locally Elected Officials as Leaders .......................................................................................... 9
The Role Of California Agencies On Immigration Issues: Is There A Need
For A California Immigration Office? .................................... .'. ........................... 9
The Federal Role: ....................... , ......................................................................... 11
Immigration And Naturalization Service ............................................ ~ ............. 11
Protecting Human Rights--The International Covenant of ................................................... I I
Civil and Political Rights .......................................................................................................... 11
The INS Use of Force Policy ..................................................................................................... 12
Intergovernmental Cooperation .............................................................................................. 13
Visa Overstayers .......................................................... ~ ............................................................. 15
Naturalization Responsibilities ................................................................................................. 15
Bibliography ......................................................................................................... 17
Introduction
It is with distinct honor that the Immigration and Naturalization Task Force,
submits to you the findings of our committee. The committee members,
Madolyn Agrimonti, Maria Alegria, Lara Blakely, Margaret Clark, Pat
Figueroa, Cynthia Garcia, Robert Gentry, Nancy Goodrich, Craig Lake,
Sylvia Minnick, Nell Soto, Art Takahara, and Sam Torres have carried out
your charge to review the 1993 Annual Conference Resolution ~45.
The Task Force members believed its mission was to investigate federal and
state documents referencing immigration and to produce a report following
an analysis of the substantive issues outlined in the resolve clause of
Resolution #45. From the onset the task force agreed to base its report on
factual evidence and not unsubstantiated opinions. This report focuses on
the impact of immigration policy on cities. In addition, the task force
recognizes the extreme sensitivity of this issue and its extension into basic
race relations and hopes to provide some forthright thoughts.
The Task Force reinforces the philosophy that America, save our Native
American heritage, is a land founded by immigrants whose total ethnicities
have worked to enrich our historic fabric and whose descendants have
placed within this society's continuum the norms, traditions and foods to
create a composite cultural unity recognized throughout the world as
distinctively American. Our ethnic diversities serve as the catalyst that
educates and adds strength and substance to our cultural unity. The task
force members value the contributions of immigrants and a just immigration
policy for the people of Califomia. It is also with considerable consciousness
that the task force asks the reader of this report to clearly differentiate
between an "undocumented" immigrant as opposed to a person who entered
this country legally.
Task Force members opened up their vision and reviewed copious reports
from international covenants to legislative reports to a variety of private
findings and published articles. In doing so, however, its own analysis deals
with those issues that affect local government-- (1) the role of local
government; (2) the need to educate our communities and ourselves about
diversity; (3) the role of Califomia agencies on immigration issues; (4) the
federal role on immigration; and (5) some recommendations for policy
committees regarding legislative positions.
We believe, both. individually and as a group, that our knowledge on the
immigration and naturalization procedures have been greatly increased. Our
meetings included site visits to the border at San Ysidro, San Diego's Sharp
Hospital, Borderfield State Park, and the Tijuana Estuary. We participated
in consultation with a host of specialists in the field (Assembly Member
3
Grace Napolitano, Chair Assembly Select Committee on Statewide
Immigration Impact; Ed Navarro, California Park Service Superintendent;
Ann Summers, Asst. Border Commander; Marco Ramirez, Public
Information Officer, U.S. Border Patrol; Terry Ryan, Assistant
Superintendent, San Diego County Office of Education; Joan Zinser, Deputy
Director, San Diego County Department of Social Services; Tom Spindler,
Manager, Sharp/Chula Vista Medical Center). For all this experience we
again thank the League of California Cities' Past President Bob Bartlett and
the Board of Directors for selecting us to assist in reviewing the 1993
Annual Conference Resolution #45.
Recommendations For Policy Development
California's cities are neither fiscally nor legally responsible for enforcing
federal immigration policy. The Task Force presents to the Board of
Directors the following recommendations that serve the purpose of framing
the discussion towards the development of municipal policy as it relates to
immigration.
· City officials shall exercise leadership in educating our communities
about the benefits of diversity.
· The League should support legislation to amend fair housing laws to
prevent discrimination based on immigration status so that there is no
chilling effect on residents' willingness to report housing violations to
city authorities.
· Local elected officials should work aggressively with state officials to
ensure that the Federal Government accepts .responsibility for the cost of
its immigration policies including enforcing employer sanctions and
other current' immigration laws and tighter control of the nation's
borders, while respecting basic human rights.
· The League should encourage California's evaluation of the benefits of
guest worker and day labor programs.
· The League should support federal efforts to more actively pursue and
identify undocumented immigrants and "visa overstayers."
· California should enact legislation to authorize the collection of
immigrant services information. California should also authorize an
existing state agency to centralize its data collection operations for
immigrant services to enhance efforts to obtain federal reimbursement.
4
· Cities should adopt policies concerning the reporting of immigration law
violations to the Federal Government which ensure the safety of
immigrant communities and maintain the confidence of crime victims
and witnesses. State, local, and federal law enforcement agencies
throughout California should develop policies and working agreements
to cooperate with the Immigration and Naturalization Service while
respecting basic human and civil rights.
· The League should support legislation to establish a comprehensive
statewide study of the short-term and long-term economic and social
impact of immigrants and temporary residents--legal and undocumented.
The study should use sound methodology to evaluate the impact of
immigration on local, state, and federal revenues and expenditures.
· The League should continue to support efforts, in conjunction with the
Govemor's Office, to persuade the federal government to provide
sufficient funding for federally mandated health and social programs,
such as childhood immunizations, tuberculosis testing, and the Women,
Infants, and Children's (WIC) nutrition program, which serve large
numbers of immigrants.
· California, through Congress and the President, should seek speedy trials
and deportation of those convicted to reduce the impact of an estimated
18,000 deportable felons incarcerated in state prisons. The state also
should assist county efforts to obtain federal assistance for
approximately 7,000 deportable immigrants in county, jails. The League
should support requiring a reciprocal agreement to ensure that deported
felons serve their sentence in prisons of their home country.
The Impact To Local
Government Of Immigration
The Range of Impacts
Communities throughout the State of California recognize impacts
immigration has on their respective cities. Each experience them to .varying
degrees. The Immigration and Naturalization Service estimates that there
were 3.2 million undocumented immigrants residing in the United States in
1992. Of these, 85 percent lived in just six states, including Florida,
California, New York, Texas, Illinois, and New Jersey.~ The Immigration
~ (The Unfair Burden: lmmigration's Impact on Florida. Executive Office of the
Governor. Summary, March 1994.)
5
and Naturalization Service recently estimated that 40 percent of the country's
undocumented immigrants reside in California.2
The effects of "undocumented" workers and immigration policy on a
particular community vary based on the proximity of a community to an
international border, the economic base of the community and its
employment practices, and the city's population, ethnic composition, history
and amount of social service budget and programs. We found that
immigration impacts were not isolated to border cities or to Southern
California. Jobs attract a motivated work force and the workers who come
to California illegally are motivated enough to find employment throughout
the state.
Specific areas of impacts include economic development, affordable
housing, education, public safety, and community services. As elected
officials and public servants, we must address these issues. The cumulative
effects of the impacts create very complex problems. Cities cannot afford to
underestimate the fiscal and social ramifications of immigration at all
borders. Examining the issues is .only one step toward dealing with the
problems.
Once immigrants arrive, it is the state's obligation by federal law to provide
essential services. Essential services include medical care, education, and a
host of others. These are costs local governments are forced to absorb.
Unfortunately, it is difficult to obtain accurate data on all costs because
many are not documented or reported. The economic costs and benefits of
immigrants are also hard to quantify because differing levels of government
bear respective costs and benefits. For example, the federal government
may bear a net benefit in social security since immigrants tend to be younger
and leave elderly relatives in their native country. When social security and
medicare benefits are considered, the average immigrant family appears to
receive less total public assistance and service than does the average native
bom family?
2 (Summary Report, Assembly Select Committee on Statewide Immigration Impact.
Assembly Office of Research, May 1994, page 7.)
3 California Senate Office of Research, Californians Together: Defining the State's
Role in Immigration, July 1993, Pages 29 - 31.
6
Employment
Labor immigrants have historically been imported to fill labor shortages
during good economic times. During economic downturn they have been
deported. Many California industries rely on immigrant labor due to their
traditional low pay, low skilled nature. These industries include agriculture,
food and lodging services, garment, and electronic. Employment realities
reflect job displacement for both native and immigrant workers. Testimony
heard by the Select Committee on Statewide Immigration Impact stated a
variety of reasons for job displacement. Labor unions attribute it to
exporting of jobs fi:om the United States.
The economic recession felt so severely in California has brought the lack of
employment oppommities to the forefront. The need for strong economic
development efforts is a cry heard throughout the state. We cannot dispute
the contributions of immigrant workers to our state. The question becomes
when does the cost outweigh the benefits. California has in the past
recognized the benefits of guest worker programs such as the Bracero
Program and, recently, the day labor program. California should reevaluate
and reinstate the benefits of such programs where warranted. Solutions to
immigrant employment problems should also reevaluate current
enforcement levels for employer sanctions.
Housing
Housing is a major problem for some communities with high immigrant
populations. Both permanent and temporary housing for migrant workers is
frequently located in cities. Overcrowding and unsafe housing is common
for many immigrants who may fear deportation if they complain about
housing conditions. Action to remedy substandard housing conditions is
further complicated where language barriers exist. In some communities it is
not uncommon that immigrants live in their cars or are homeless. This is a
definite local health and safety concern.
Cities seeking to remedy substandard housing conditions are hampered in
their efforts when occupants are afl:aid to report health and safety problems.
One potential solution is to amend the state's fair housing laws to ensure that
they do not discriminate on the basis of immigration status. This way a city
could receive information about unsafe housing and pursue available code
enforcement without risk to the occupants reporting the violations.
Education
The rising cost of education is a serious problem for all communities. The
cost of building infi:astmcture to support new schools falls largely on local
government. Cities provide for after school recreation programs, anti-gang
programs, school safety, police resources in DARE and similar provisions,
school impact fees, redevelopment pass-through fees and other resources for
7
education. The Department of Education does not have statistics based on
students' immigration status, nor is it permitted to by law. Governor
Wilson's administration estimates the state will spend $1.7 billion to educate
an estimated 392,260 undocumented children in our public ~chools in fiscal
year 1994-95, and $400 million to educate citizen children bom to
undocumented parents.4
Public Safety and Community Services"
Community services such as public safety, health care, parks, libraries and
recreational programs also realize costly impacts. Immigrant social service
and related programs are financed mainly by state and local governments.
About 52 percent of all services provided to immigrants were paid for by the
state, 14 percent by the federal government, and 34 percent by local
governments.5 The estimated cumulative costs in assistance and services to
immigrants and the citizens they displace will be approximately $265.7
billion (in 1993 dollars) for the 10-year period of 1993-2002.6
The ability to afford services given current population trends and federal and
state funding levels is an equation yet to be solved.
Educating Our Communities About Diversity
Statistics and Stereotypes
The Task Force has reviewed a substantial body of research directed at
immigration issues. We conclude, as have most who study this issue, that
there remains a need for unbiased research on both the actual costs and
benefits °fundocumented immigrants to California. The lack of
meaningful data and methodological flaws results in an easy scapegoating of
immigrants as the cause of many of California's complex problems. The
Assembly's Select Committee on Statewide Immigration Summary Report
also found a lack of reliable data about undocumented immigration.?
The point that must be made is that current data sources and statistics are not
adequate to provide answers to. the major questions concerning immigration.~
A well-planned comprehensive statewide study is necessary to arrive at the
4 (lbid, Page 43.)
5 (The Net Costs oflmmigration to California, Dr. Donald Huddle, Department of
Economics, Rice University. November 9, 1993, page 7.)
(Ibid, Page 14.).
6
7 Napolitano, Assembly Member Grace, Summary Report.
8
kinds of answers needed by state and federal policy makers. Myths and
misinformation should not be the basis of immigration policy.
Public policy should include a mutual respect for basic human dignity and
human life. This immigration debate is not unlike others in our country's
history. The hope is that violence and crimes against any human being are
not tolerated regardless of the victim'S immigration status.
Locally Elected Officials as Leaders
Elected officials have the moral obligation to protect the fights of all human
beings. They must set a standard that others can follow. Officials must also
be clear and concise when discussing the issue of immigration so that it is
understood and used in a constructive manner. A dialogue must be
established so that all citizens can comprehend .the issue of undocumented
vs. legal immigration.
Elected officials at all levels should work aggressively to place the burden of
Califomia's immigration problem where it belongs - the Federal
Govemment. Local govemments should collaborate in providing services
for immigrants to eliminate redundancy and increase efficiencies.
Cities can actively foster mutual understanding by prOmoting programs
which celebrate the diversity of Califomia's residents. Examples include:
History Fairs jointly sponsored with School Districts to highlight the
contributions of immigrants;
· Encourage interaction among youth to break down stereotypes;
· Recreation Department Programs which promote team work and
interactions among people of different ethnicities.
The Role Of California Agencies On
Immigration Issues: Is There A Need For A
California Immigration Office?
While the Task Force recognizes that the federal government sets the
immigration policies of the United States (a by-product of foreign policy),
nevertheless, the states are lef~ with providing many services (education,
health, corrections, migrant worker housing, .guest labor laws, etc.) needed
by immigrant groups. Legal immigrants, by law, are eligible for these
services. Undocumented immigrants pose difficult problems in accounting
9
for the costs of providing these services, seenby states as yet another
example of unfunded mandates.
states with significant immigrant population (New York, Texas, Florida,
Massachusetts) have found ways in which to coordinate the administration
and financial accounting of services for immigrants and refugees. Their
missions vary. New York City's Office of Immigrant Affairs works with the
immigrant community in outreach, needs assessment, and advocacy with the
federal .government on related issues of public policies.
In Florida, the office acts as an informal source of information to the State
Legislature on the impacts of immigration. The Texas model, not only
coordinates the delive~ of services to immigrants and refugees, but analyzes
their impacts and advocates to the federal government for "adequate"
funding (reimbursement). This office receives approximately $1 million in
State Legalization Impact Assistance Grants (SLIAG) monies as part of its
annual budget.
These states have an advantage over California. Certainly they are not
reimbursed 100 percent of their costs. These offices prOvide more accurate
documentation of expenditures by their respective states on service delivery
to undocumented immigrants. They, in turn, provide a cost figure with more
credible evidence than California currently provides the federal government.
The Task Force recommends that California enact legislation that allows the
collection of data consistent with federal law. Programs from the various
state agencies and departments could then have a more accurate cost
assigned to them. This will give California the "proof' (data) of the cost for
delivering services required for federaireimbursement. The task force is
sensitive to the problems in creating an expensive new bureaucracy. The
experience of other states demonstrates that the reimburSements resulting
from a centralized information source significantly exceed the costs of
maintaining such an office. The task force therefore recommends that an
existing state agency be authorized to collect this data, and if the data
demonstrates a need, that an Office of Immigration and Refugee Affairs be
established.
The Federal Role:
Immigration And Naturalization Service
Protecting Human Rights--The International Covenant of
Civil and Political Rights
On April 2, 1992, the United States Senate ratified the Intemational
Covenant on Civil and Political Rights, an international treaty which had
originated in the United Nations. This ratification bound the United States
to respect certain rights established in the treaty for immigrants, aliens, and
refugees.
Rights specifically granted in the treaty include:
· the right to self determination, including the right to freely determine
their own political status and the right to pursue their own economic,
social, and cultural development.
· the right to liberty of movement and the freedom to choose one's own
residence.
· the right to liberty and security of person, including the right to be
promptly informed of any charges if arrested, and the right to due
process in the courts.
· the right to equal protection of the law without discrimination due to
immigrant status.
It must be noted, however, that the rights to freedom of movement, freedom
to choose one's residence and due process regarding deportations, as
specifically provided for in the treaty, apply only for those LAWFULLY
within the country. There are no such protections for individuals who have
entered or who have remained in the United States in violation of Federal
Immigration law.
Article 12 of the treaty specifically states, "(1) Everyone lawfully within the
territory of a State shall, within that territory, have the right to liberty of
movement and freedom to choose his residence..."
Article 13 reemphasizes this position by stating, ".,~ alien lawfully in the
territory of a State Party to the present Covenant may be expelled therefrom
only in pursuance of a decision reached in accordance with law..."
Immigration and Naturalization Service officials are aware of this treaty and
are knowledgeable of these and other civil rights of immigrants. Border
Patrol agents are thoroughly trained in these rights in their basic training
academy and they are closely supervised for compliance. They clearly
understand that their mission is to protect the sovereignty of the United
States by limiting entry through its borders to those who have complied with
United States immigration law and to lawfully return those who have
entered or remained unlawfully in the United States to their country of
origin. In addition, in 1992 they were also formally designated by the Office
of National Drug Control Policy as the primary agency for narcotics
interdiction .between the ports-of-entry.
In the recent past, there were numerous misunderstandings and
misconceptions in the San Diego border area about Border Patrol's practices
and policies regarding their taking into custody and handling of
.undocumented prisoners. To alleviate this, Gus de la Vina, Chief of the U.S.
Border Patrol's San Diego Sector, the most active in the continental United
States, created a Citizen's Advisory Board to give direct input to him
regarding complaints and community concerns. The goal of the Board is to
create and maintain a true partnership between the community and the
Border Patrol and address complaints and concerns in a timely manner as
they arise. Members of this Board were selected from diverse segments of
the community, and include longstanding human rights activists in the San
Diego area.
The formation of this Board has opened the lines of communicati°n between
concerned activists and the Border Patrol and has resulted in an educational
experience and mutual appreciation regarding issues on both sides.
The INS Use of Force Policy
The Border Patrol is the mobile, uniformed, enforcement arm of the
Immigration and Naturalization Service. The Border Patrol, as most other
Federal, State, and local law enforcement agencies, has a formal "Use of
Force Policy" in which all agents are trained and to which they are held
accountable.
Their "Use of Force" policy states, "Patrol Agents may use forCe only to the
degree necessary to protect themselves or third parties, to effect arrests, or to
prevent the escape of persons in custody. It is Service policy that deadly
force must' not be used except in self-defense or in defense of a third party.
Warning shots must not be fired. Persons in custody are to be handcuffed
whenever arresting patrol agents believe it is necessary to prevent escape, to
control, or to prevent injury to anyone~ Abuse of authority, including the
use of excessive force, will not be tolerated."
This policy is consistent with those of the major law enforcement agencies
in the State of California. It is also consistent with several national models,
12
including that advocated by the International Association of Chiefs of Police
(University of Illinois Police Training Institute Model).
Generally accepted definitions applicable to this policy include:
1. Force - gaining control of a subject or overcoming resistance
through the use of physical strength, weaponless defense techniques,
pain compliance techniques, defensive weapons or a combination
thereof.
2. Deadly Force - force that will likely cause death or life threatening
injury. This level of force is used to protect the officer or another
person from death or serious injury.
Border Patrol agents are trained extensively in the use of force in their basic
training academy. This training is reinforced throughout their careers. The
number of complaints of improper use of force made are infinitesimal when
compared to the hundreds of thousands of contacts made by agents each
year.
Intergovernmental Cooperation
Local governmental agencies must recognize and value the diversity of the
communities they serve. They are responsible for the safety and well being
of all of their residents, regardless of their immigration status. The primary
responsibility for the enforcement of Federal immigration laws must rest
with the Immigration and Naturalization Service and the U.S. Border Patrol.
California Government Code Section 55069.75, passed in 1993, prevents
cities from enacting local ordinances which prohibit peace officers from
identifying and reporting tO the INS any arrested person who is suspected of
being undocumented. There is, however, no affirmative duty for local peace
officers or other city employees to make an effort to look for other' violations
of immigration laws. Public safety could in fact be jeopardized if members
of the community are too afraid of deportation to report dangerous ongoing
criminal activities.
The San Diego Police Department implemented a new policy for dealing
with undocumented persons in January of 1994 after months of meeting
with a broad spectrum of community members. Sensitivity to the Latino
community, and its agreement with implementation of the policy, were of
particular concern due to the size of San Diego's Latino community, the
city's proximity to the border, and the high priority and visibility of
immigration issues to the community at large. The policy included several
new provisions regarding interactions with the Border Patrol.
13
Specific provisions of San Diego's new policy include:
1. Subjects booked into either the City or County jails and
determined to be illegally in the United States have a hold
placed on them to be turned over to the Border Patrol upon
release.
2. Officers having "Reasonable Suspicion" that criminal activity
unrelated to immigration status exists are authorized to release
involved subjects determined to be in the country illegally to
the Border Patrol, at the scene of the contact, and within a
reasonable period of time, if there is insufficient "Probable
Cause" to arrest.
3. Officers are authorized to detain and release undocumented
persons to the Border Patrol when contacted under the
following conditions:
a) Drop House - a house or building being utilized as a
transfer/holding facility for persons engaged in
smuggling undocumented persons.
b)Load Vehicles - vehicles engaged in smuggling
undocumented persons.
c) Drug House - house or building being used to facilitate
narcotics trafficking.
4. Officers are prohibited from releasing undocumented persons
to the Border Patrol under the following conditions:
a) They are victims or witnesses of a crime, unless a
determination has been made by investigators to hold
them as material witnesses;
b) When contacted during family disturbances.
c) Generally, during the enforcement of minor traffic
offenses (infractions and non-bookable misdemeanors).
d) When the person(s) are seeking medical treatment.
5. All undocumented persons who are arrested are to be booked
or cited and appropriate reports prepared. Whenever
undocumented persons are detained and released to the.
14
Border Patrol, officers are to prepare a detention report.
Detention reports involving undocumented persons must list
in detail the reasons for the detention, including all facts that
led to the "reasonable suspicion" that the subject was involved
in criminal activitY unrelated to immigration status. The
names and identification numbers of the Border Patrol agents
who took custody of the detainees must be included in the
reports submitted.
This policy has worked well so far for the City of San Diego. Problems and
concems have been minimal and there are no plans to modify it at this time.
It has assisted in addressing significant crime problems specific to the San
Diego Border area involving undocumented persons, including those of auto
thefts near the border, property crimes in the downtown and barrio areas
accessible from the border trolley, and drop houses used by smugglers of
undocumented persons. It has had minimal negative impact on law abiding
members of the community.
Other cities should review and identify the specific needs of their
communities and tailor their policies regarding their employee's interactions
with Federal agents to those needs.
Visa Overstayers
Individuals who enter the country with visas as tourists, students or on other
business and then overstay those visas are estimated to be more than half of
the individuals who are in the country illegally. Because of funding limits,
the INS has no specific programs aimed at seeking out and deporting visa
overstayers.
Naturalization Responsibilities
Facilitating the naturalization of new citizens is a major function of the
Immigration and Naturalization Service. However, the naturalizaiion
process is available only to those who can prove they have made their
residence in the United States legally.
National and State naturalization statistics for 1993 and 1994 were not
available at the time of this report. However, the San Diego Office of the
Immigration and Naturalization Service stated that, in San Diego County
alone, 4,672 new citizens had been naturalized between January 1, 1994, and
August 5, 1994, and an estimated 8,000 would be naturalized by the end of.
the year. They estimated that a proportionate number of urban area would
be naturalized in each major city in the state this year.
The San Diego District Office, which services both San Diego and hnperial
Counties, is currently processing 9,128 applications for citizenship.
Processing takes an average of eight months.
15
The Immigration and Naturalization Service actively promotes
naturalization to those eligible. Naturalization is accomplished through
public education programs, community based social service organizations,
and educational institutions. Rudy Murillo, Public Information Officer of
the San Diego INS Office, stated that groups of certain nationalities are
known to not generally apply for citizenship. These include green card
holders who are unwilling to give up their property and other fights by
renouncing their original citizenship.
As most other government entities, the Immigration and Naturalization
Service is limited in its ability to provide services because of fiscal
-constraints. Additional funding for Immigration and Naturalization Service
needs could be obtained from the imposition of a one dollar fee on each
person entering the country at each port of entry. This fee would provide
additional resources for increased levels of naturalization processing,
additional Border Patrol agents, and technology for bOrder control.
16
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17
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18
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19
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1400 K Street
Sacramento, CA 95814
916/658-8200
For additional copies of the report,
call the League of California Cities Library at 916/658-8236