HomeMy WebLinkAbout01/15/99 BAKERSFIELD
CITY MANAGER'S OFFICE
MEMORANDUM
January 15, 1999
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM' ALAN TANDY, CITY MANAGER
SUBJECT: GENERAL INFORMATION
1. A report is enclosed from the Water Resources Department with details'of 'the latest
water forecast and supply conditions.
2. The January URM Report is attached.
3. There is a press release enclosed from Burlington Northern / Santa Fe Railway that
provides an update on their track and bridge maintenance project to the main line
between Bakersfield and Fresno.
4. We are internally renewing staff efforts to review all South Beltway alternatives, in
light of public testimony at the Planning Commission.
5. The annual Department Head retreat will take place January 28t~ and 29th. During our
absence, Darnell Haynes will be in charge.
6. The Recreation and Parks Department monthly report for December is enclosed.
7. A memo is enclosed in response to City Council questions regarding comments made
by Mr. Harvey Hall of Hall Ambulance at the January 13, 1999 City Council meeting.
8. Our offices will be closed on Monday, January 18th for Martin Luther King Day.
AT:rs
cc: Department Heads
Pamela McCarthy, City Clerk
Trudy Slater, Administrative Analyst
MEMORANDUM
January 12, 1999
TO: Gene Bogart, Water Resources Manager
FROM: Steve Lafond, Hydrographic Supervisor ~
/
SUBJECT: January 12, 1999 Report on Water Supply Conditions
FORECAST
As reflected in the attached chart of Kern River Basin Snowpack Accumulation, the current winter
snowpack levels are at their lowest point in over five years. Not since January of 1991 have such meager
water content readings developed. The January 12, 1999 forecasted Kern River runoff as generated by our
Snow Sensor forecast model for the 1999 April-July snowmelt period is 59% of normal, or approximately
260,000 acre-feet. The forecast assumes normal precipitation amounts will occur between now and April 1,
1999.
The snow sensor index for the Kern River drainage basin is designed to provide a representative
sample of the regions snowpack and represents the average snow water content. The eight remote snow
sensors operating within the Kern River watershed are Upper Tyndall Creek, Crabtree Meadow, Chagoopa
Plateau, Pascoe, Wet Meadow, Tunnel Guard Station, Casa Vieja Meadow and Beach Meadow. The weighted
average of these eight sites, which range in elevation from 11,450 feet to 7,650 feet, accurately corresponds
with historical snowmelt runoff into Lake Isabella.
While early in the 1998-99 snowpack accumulation season, the persistent high pressure pattern over
California and lack of storm system activity is cause for concern. Because of the uncertainty of future
weather, the spring runoff expectancy ranges from as low as 20% of normal to as high as 140% of normal.
SUPPLY
As of this date, City has 48,000 acre-feet of water stored at Lake Isabella. This storage reflects the
largest amount carried over by the City during the winter period since 1983, the last major El Nifio event. In
addition, the City currently has over 210,000 acre-feet of groundwater stored in City's 2800 Acre Water Bank.
Four consecutive wet years (1995-1998) have helped to reduce pumping levels in the City's banking area to
less than 50 feet. On this basis, we project the City's well field will be able to produce up to 4,000 acre-feet
per month if needed to offset deficiencies in water supply from the Kern River during 1999,
Attachments
KERN RIVER BASIN SNOWPACK ACCUMULATION
EIGHT SENSOR INDEX
January 12, 1999
40.0
35.0 ................................ , - - .............
1994-1995
199% A-J
1997-1998 I :
} 239%A~ i ........... :-~ , 1995-1996
.............. ' "~ ' 126% A-J
25.0 .........................
100% of April 1 Average
20.0 ...... 1--
15.0 ......................................
Average
10.0 .............................. '
1993-1994
41% A-J
5.0
o.o
November December January February March April
Snowpack Accumulation Season
CITY OF BAKERSFIELD }VATER RESOURCES DEPARTMENT
"- SNOW MEASUREMENT LOCATIONS
KERN RIVER BASIN
Drainage Basin Above Bakersfield = 2A07 Square Miles
MT. WHITNEY
KE~ RI~R ~MO~ SNOW SENSOR C~IF
upper TYND~L CREEK
C~EE M~OW
C~GOOPA P~ 514 10,~
P~COE
W~ M~OW 518 W e,~ ff ~ ISABEL~
TUNNEL GU~D STA~ON ~ W 8,~ ff
CA~ ~ M~O~
B~CH M~O~
0 1'0 20
Scale in Miles
STATE OF CAJ~O~IA
THE RE~OURCE~ AGENCY OF C:AUFORNIA
DEPARTMENT OF WATER RESOURCES
DMSION OF FLOOD MANAGEMENT
CAUFORNIA COOPERATIVE SNOW SURVEYS
LEGEND
O SNOW COURSE
A~RIAL SNOW DEPTH MARKER
I SNOW SENSOR
~' ~ RIVER BASIN
BAKERSFIELD
Economic and Community Development Department
MEMORANDUM
January 11, 1999
TO: Alan Tandy, City Manager ~
FROM: Jake Wager, Economic Development Direct
SUBJECT: January, 1999 URM Activity Report
The January, 1999 URM activity report has 129 applications for properties participating in the
URM Incentive Program.
Currently 40 properties have been granted reimbursement checks representing a total of
$182,364.18 in thirty-seven retrofit projects and three demolition projects.
They include:
801 18th Street, New China Cafe
1330 19th Street, Serrano's Furniture
822 18th Street, Thorp's Motorcycle
1918-1920 Eye Street, Jelly's (Former Water Company Building)
2526-2530 Chester Avenue, Waterbed Warehouse and Mattress Outlet Building
1025 18th Street, Italian Grocery Store
1207 19th Street, The Mint Building
1928 19th Street, Old Paine Mortuary House
2407 Chester Avenue, Granada Furniture Building
430 East 19th Street, commercial property
2101 Chester Avenue, Guarantee Shoes
1017-1023 Baker Street, vacant retail space
2509 Chester Avenue, Patton's Discount Office Furniture Building
1914 Truxtun Avenue, medical office
1919 Chester Avenue, Palla property
1228 19th Street, Griffin Pawnbrokers
900 18th Street, Cay's Health Food Store
1121 21 st Street, commercial property (demolition) lr~ ,~.~ ~ v ~ ~,
1701 18th Street, Turk's Copy !~,
!" J/IN I 3 1999
January, 1999 URM Memo
January 11, 1999
Page 2
622 East 19th Street, warehouse (demolition)
2025-2029 Chester Avenue, Red Wing Shoes
2000 H Street, Henley's
1812 Q Street, vacant building (demolition)
1517- 1523 19th Street, Williams property
2022 Chester Avenue, Palla property
1711 -1717 19th Street, Clifford property
1219-1221 20th Street, Nighbert property
506 East 19th Street, Felton property
2305 - 2309 Chester Avenue, Campbell property
618 - 620 East 19th Street, Wool Growers Restaurant
1623 - 1633 19th Street, Goose Loonies
1529 F Street, Clifford property
930 18th Street, San Joaquin Supply
1100 18th Street, Bakersfield Floral Supply
1919-1927 K Street
1601 19~h Street
1605 20th Street
1317 Baker Street, Noriega House
1219-1231 19th Street
1416 20th Street
In addition, 39 properties have been given authorization to start their projects (i.e. Notice to
Proceed). Furthermore, 22 applications are awaiting documents prior to issuance of notice to
proceed and 28 applications have been determined inactive or ineligible.
This memorandum is intended to provide you with a brief update on the status of the URM
assistance program.
cc: Jack Hardisty, Development Services Director
Dennis Fidler, Building Director
Jack Leonard, Asst. Building Director
Mike Quon, Building Plan Check Engineer
Jan Fulton, Development Associate, ED/CD
P:\URM\URMMEMO.AT
~AN 14. 1999 9'53AM NO. i519 F.
NEWS
Contact: Jerry Jenkins FOR IMMEDIATE RELEASE
(817) 352-6420
BNSF Begins Track Maintenance Blitz Between Bakersfield and Fresno
FORT WORTH, Texas, 'January 14, 1999-- The Burlington Northern and Santa
Railway Company (BNSF) wili begin an $11 million track and bridge maintenance project
on its main line between Bakersfield and Fresno, Calif., Monday, January 18, 1999.
TO minimize the impaci on customers and communities, work that could have been
spread across many months wiil be completed in a two-week period. This is one of the
larger BNSF maintenance projects that will be accomplished in a compressed time frame.
Two field command centers have been established by BNSF along the "blitz" route
which will be manned 24 hours per daY throughout the project. The command center in
Bakersfield is located a~t 1501 F Street. The command cente~: in Fresno is at 2650 Tulare
Street. UPdated grade crossing closure information can be found on BNSF's Web site at:
http:#www.bn,f, com or by calling' 1,800.646.0215.
The Bakersfield blitz project includes replacement of six track miles of steel rail
with continuous welded rail. Approximately 76,000 wood cross ties will be installed.
Surfacing work is planned for 100 track miles, and ballast cleaning and undercutting is
planned for 70 track miles. The total project is approximately 120 miles long.
To achieve the compressed schedule for the project, BNSF will bring in 250
additional employees from various pans of the railroad that will be assigned to specific
track, rail and bridge renewal projects across the line. The communities affected between
Bakersfield and Fresno will be:.Rosedale, Shafter, Wasco, Pond, Delano, Sandrini? A1paugh,
Corcoran, Guernsey, Handford, Conejo, Oleander and Visalia.
Some highway-grade crossings along this rail line will be closed temporarily as
maintenance crews reconstruct track. They are on tho following list.
=more-
,~: ~,:~. i4. i'g99 g'54AM NO. 1519 P. 3/3
BAKERSFIELD BLITZ NEWS RELEASE PAGE 2
Location Crossing Closing Date
City of Corcoran Brokaw Avenue Jan, 18 - 19
Fresno County Rose Avenue Jan. 19 - 20
...... Nebraska Avenue Jan. 19 - 20
...... Clayton Avenue Jan. 19 - 20
...... Spri_ngfield Avenue Jan. 20 - 2..1
...... Kamm Avenue Jan. 21 - 22
...... 'Riverdale Avenue Jan. 22 - 23
Tulare County Avenue 144 .... Jan. 20 - 21
" " " Avenue 88 Jan, 22- 23
City of Was¢o 6~ Street Jan. 19 - 20 . ..
City ,9f Bakersfield "L" Street /an. 21- 22 ,,
" .... "K" Street Jan. 25 - 26
City of Hartford ...... '7t~ Street lan. 22 - 23 ..
Kern County Burbank Avenue Jan. 25 - 26
...... :Kratzmeyer Road lan..2,5 - 26
" " " Schuster Road ~[an. 26- 27
...... 'Pond Road lan. 26 - 27
...... Peterson Road Jan. 27 - 28
...... Calloway Drive /an. 27 - 28
Kings County Kansas Avenue lan. 27 - 28
" " " Idaho Avenue lan. 27 - 28
BNSF operates one of the largest railroad networks m North America, with 34,000
route'miles of track coveting 28 states and two Canadian provinces.
Editor's note: This news release, a~ Well as all others disseminated by Burlington Northern
Santa Fe, can be found on BNSF's World Wide Web site at ht~p://www, bnsfcom.
DEPARTMENT OF RECREATION AND PARKS
DATE: January 14, 1999
TO: Alan Tandy, City Manager
FROM: Stan Ford, Director of Recreation and Parks
SUBJECT: Monthly Report for December 1998
The following is a summary of the department's activity for December 1998.
A comprehensive report from parks should be available by the end of the
month. If you would like a copy or need additional information on either
recreation or park activities, please let me know.
UPCOMING ACTIVITIES
· Youth basketball begins in January
· Dr. Martin Luther King, Jr. Birthday celebration on January 15
· Adult basketball tournament at MLK on January 23
STAFF ACTIVITIES
Jeannette TriscUit, Recreation Specialist, has joined our staff. Previously,
she was a program coordinator at the local Boys and Girls Club. For the next
few months, in addition to creating new programs, Jeannette will be
developing programs and special events that were identified as high priority
in our citizen survey.
RECEIVED
JAN I ~, 1999
:CITY MANAGER'S
Darrick Farley, Susan Roussel, and Terry McCormick designed and
supervised the construction of the department's float in the Christmas
parade. The float was a detailed, and somewhat functional, re-creation of
Centennial Plaza. I am pleased to report that their effort resulted in our
being awarded first place for the second consecutive year. I was informed
that we were the only repeat winner. I received compliments from several
people that believed that the float was the best in the parade.
RECREATION
Lowell Neighborhood Community Center reports a total attendance of 892
for the month.
MLK Community Center had a total-participation of 1,632. The center
hosted several holiday events during the month. These included: the Elk's
Lodge gift program, annual Christmas dance recital, a visit from Santa Claus,
and a Kwanzaa celebration.
Silver Creek Community Center use totaled 1,187 in organized programs.
The center also offered programs offsite that had a total attendance of 536
(e.g. ice skating, clogging, dance, gymnastics, karate, and golf).
The center's swimming pool continues to have heavy use due to the
renovation of the pool at Cai State. High school swimming will be beginning
soon.
Festival of Lights: Local students decorated over 3,000 luminarias (actually
called farolitos) for this event. Staff estimates that approximately 2,000
people visited the plaza and enjoyed the entertainment.
Attached are reports from Terri Elison and Holly Larson, recreation
specialists, that provides detailed information about the after school program.
PARKS
Ed Lazaroti has received notification that our application for renewal of the
Tree City USA designation appears to be in order and that we should expect
our award materials this March.
Accomplishments this month include:
· repair of the "waterfall" fountain at Centennial Plaza.
· hauled approximately 50 tons of top soil and dirt to the PAL facility.
· ensured punch list items for Windsor Park were completed so that we
can accept the park in February.
· completed equipment repairs to Jastro, Planz, and Seimon Pools.
· coordinated repairs to the main fountain at Centennial Plaza.
· completed timing mechanisms for the lights at Centennial Plaza.
c: Community Services Citizens' Advisory Committee
Alan Christensen, Assistant City Manager
John Stinson, Assistant City Manager
Department Staff
MONTHLY REPORT
December 1998
· Holly Larson, Recreation Specialist
· The 2nd annual Luminaria Display, A Festival of Lights, took place on
December 12 at the Centennial Plaza. The event was a huge success. Over
2000 people came by to view the Luminaria bags or listen to the various caroling
groups performing. It went very smoothly and was enjoyed by all. Thanks to the
committee for all their hard work and to the Girl Scout troop who helped us set
up over 3000 bags the day of the event.
· The Bakersfield BEST program is going strong. Staff training is continuing with
updated CPR and 1st Aid classes which took place on December 5. The football
league was enjoyed by all who participated and concluded on December 12. All
of aro athletes aro looking forward to the basketball season starting in January.
The school sites were closed for the holidays, but were able to celebrate the
holidays through special activities and art and crafts. Many sites had parties or
performance to spread the holiday cheer. We also transformed our laSt after-
school staff meeting into a party/training. Staff shared seasonal arts and craft
ideas and we all participated in some groat holiday games to take back to the
school sites. Many staff members worked during the holidays to. help clean out
the Central park storeroom to make way for renovations. Terri and I met with
both school districts to begin planning for the next school year. I will be
presenting to the principals at their next meeting on January 5 to recruit new-
school sites. Our last school site to come on this year is Jefferson elementary
which will open on January 5. We are continuing recruitment for various staff
positions as we still have a few vacancies. We will be flying all of the schools in
January to remind parents and students of our after-school program. Finally, a
congratulations goes out to our leader of the month, Vanessa Paragrug and our
site of the month, Munsey school for their outstanding work. The following aro
the numbers for the month of December:
Stella Hills: (Many students performed in a talent show which was very
entertaining. Good Job!)
Average daily attendance 64
Total monthly attendance 842
Waiting list 25
Washington; (The Drama class had a performance on December 17 which was
outstanding. Excellent Work!)
Average daily attendance 65
Total monthly attendance 843 (drop in program) 153 (classes)
Waiting list 0
William Penn:(The drama club presented "The Christmas Spirit.")
Average daily attendance 60
Total monthly attendance. 839 ..
Waiting list 0
Munsey:(participated in coloring contest through the Bakersfield Californian.
Also had a holiday party)
Average daily attendance 51
Total Monthly attendance 714
Waiting List 65
Casa Loma:
Average Daily Attendance 36
Total Monthly Attendance 651
Waiting list 0
Frank West.'.
Average Daily Attendance .43
Total Monthly Attendance 611
Waiting List 20
MONTHLY REPORT- DECEMBER 1998
RECREATION
Terri Elison, Recreation Specialist
1. The Bakersfield B.E.S.T. After School Program is going strong. Jefferson School
will start January 5"'. Flyers were sent out the week of December 14"' to all the
parents and registration will be on the 5"' of January. All the schools held
Christmas parties for their participants and everyone had a great time. All the
schools except Casa Loma canceled their after school program on December 18"'
due to early dismissal for Christmas vacation. The football season ended
December 12"' with the last scheduled games being played under the lights at
Yokuts Park. This football season was so successful. Parents, their kids, and the
School Principals were all excited to have a team and participate. We even had
cheerleaders from some schools. The basketball league will start towards the end
of January with the games being played at South High's Gym. We continue to hold
weekly staff meetings and had a small Christmas Party for our staff on December
10"'. We held a CPR/First Aid class on December 5"' for those staff who needed it.
We will schedule another day in February to catch all those staff who signed up for'
the City's December 22"d CPR/First Aid Class that was canceled. I conducted an
orientation on December 21 ~ for three new staff. We are continuing our recruitment
efforts to fill all our positions. We also took advantage of the Christmas break to
have staff come in and help clean up the Central Park Storage Room. We
transferred all the after school program supplies to another store room at the Park.
In order to keep parents and children informed about our program at the schools we
have a half page flyer that will be distributed the first week in January to all eligible
students. Holly, Henry, Jane, and I had the opportunity to meet with Greenfield
School District and the Bakersfield School District to talk about next year's program,
projected budget, and the After School Learning and Safe Neighborhoods
Partnerships Program Grant. Both Districts said they will be applying for this grant.
We will be following up in January. Finally, congratulations are in order for
Vanessa Parugrug for receiving the Exemplary employee award, and the staff at
Munsey for the Team Fun Site Award for December. These staff were recognized'
at the December 10"' staff meeting for their outstanding contributions to the
program. The following are the attendance and highlights for December.
Sequoia Middle School (Bakersfield City School District)
Highlights of this program include arts and crafts such as making Christmas candles,
Christmas Trees, games, and a Christmas party. We have drama, sports skills,
cheerleading and drill team classes going on too.
Average Daily Attendance: 28
Total Monthly Attendance: 365
Greenfield Union School District
Fairview
Highlights of this program include arts and crafts such as Santa Claus, paper bag
puppets, and ginger bread houses. They also had line dancing, obstacle course, a
variety of games, and Christmas play.
Average Daily Attendance: 39
Total Monthly Attendance: 506
Planz
Highlights of this program include arts and crafts such as Snowman, Christmas wreaths,
bells, and Christmas trees. They also had football, basketball, a variety of games and
a Christmas party and movie.
Average Daily Attendance: 22
Total Monthly Attendance: 285
Plantatio0
Highlights of this program include arts and crafts such as painting ceramic pot and fill
with candy for Christmas presents and wreathS. They also played Star Wars and Ho Ho
Ho game, had a silly obstacle course, learned the Electric Slide Dance and had a
Christmas party.
Average Daily Attendance: 28
Total Monthly Attendance: 369
Palla
Highlights of this program include arts and crafts such as clay creations, snowman
snowflakes, and Christmas Table topper. They also played basketball, jump rope and
a variety of outside games.
Average Daily Attendance: 47
Total Monthly Attendance: 608
Kendrick
Highlights of this program include arts and craft such as gingerbread ornaments, santa
vests, and candy canes wreaths. They also wrote and performed a Christmas play at
their Christmas party.
Average Daily Attendance: 42
Total Monthly Attendance: 545
McKee
Highlights of this program include choreographing a dance to "Santa Baby", arts and
crafts such as decorating ceramic pots with tissue paper, popsicle ornaments, and
cotton ball snowman. They also had a hot chocolate social, played a variety of games
like cartoon tag and Dirty Diaper tag and performed and video taped skits at their
Christmas Party.
Average Daily Attendance: 45
Total Monthly Attendance: 587
2. I co-coordinated the "Festival of Lights" Luminaria event on Saturday, December
12th with Holly. This was a very successful event with attendance in the range of
2500. There were around 3300 luminaria bags at the event. These were designed
by children from schools and programs all over the city.' It was a beautiful holiday
event with rows of lighted bags all around Centennial Park. There was a'variety of
groups providing entertainment throughout the evening. Holly and I were able to
promote this event on Channel 29 and Channel 17 news. The event ran smoothly
with no problems.
3. I also have been coordinating a vegetarian cooking class that will start in January.
I have been working hard with Pacific Health Education Center to get these classes
coordinated. Flyers were distributed around the community and news releases
were sent to all media.
BAKERSFIELD
CITY MANAGER'S OFFICE
MEMORANDUM
January 15, 1999
TO: Alan Tandy, City Manager
FROM: John W. Stinson~, At~ssistant City Manager
SUBJECT: Ambulance Service and Emergency Room Delays
This memo is in response to city COuncil 'questions regarding comments made by Mr. Harvey
Hall of Hall Ambulance at the January 13, 1999 City Council meeting. Mr. Hall indicated that
there is a problem with ambulances being held or deferred from local hospitals due to the
saturation and/or closure of hospital emergency departments, causing him to put more
ambulances in service than normally required in order to maintain service levels.
I have spoken with Mr. Fred Drew the Director of the Kern County Emergency Medical Services
Department (EMS) regarding this issue. He indicated to me that there are several reasons for the
problem. First he indicated that December had the highest "Closest Hospital Status" percentage
ever of 24%. "Closest Hospital Status" is invoked by the EMS Department when all hospitals
have simultaneously reported Emergency Department saturation status. When this occurs the
two metropolitan Bakersfield ambulance companies begin a rotation procedure, rotating their
patients to each of the four hospitals for the majority of their patients (high risk OB patients are
excepted) in order to better distribute the workload. The rotation system which was instituted
five weeks ago, is a change from the previous method of the ambulances going to the closest
hospital. This was done due to impacts to Mercy Hospital and Kern Medical Center during
"Closest Hospital Status" because of their physical locations (typically being the closest hospitals
for those patients coming into the metro area). He indicated his office is still attempting to
determine the exact cause of this situation. He said there may be several causes including high
incidence of seasonal illnesses, individual physician requests for service by a particular hospital
emergency department, managed care directives, a shortage of available nurses, and the capacity
of hospitals to deal with peak periods of emergency department use.
Mr. Drew has indicated that he has been directed by the Board of Supervisors to provide them
with weekly updates on this situation. He said he will provide me with any information he
prepares on this matter so it may be distributed to the City Council. He has a meeting with all
EMS system participants including ambulance providers, hospital administrators and physicians
S:X, JO~L4.rabulance Service and Emergency Room Delays.wpd
scheduled for this week. EMS will continue to review the pre-hospital system of distributing
patients so as to mitigate the problem, to the extent possible within the authority of the EMS
department.
I also spoke with Bemie Herman, CEO of Catholic Health West regarding the emergency
department situation. He indicated he was aware of the problem and there were two primary
causes. First, is the seasonal increase in emergency room demand due to flu and other winter
illnesses. Second, was a shortage of nursing personnel to staff the emergency departments. He
indicated that the nursing shortage is not just a local, but a national problem. Apparently, nurses
have been leaving hospitals to work for private physicians who are doing more outpatient
procedures, and to work for health maintenance organizations that offer a more 8:00 to 5:00,
regular work schedule. He said they have been recruiting heavily for experienced nurses,
working with local schools to encourage students to choose the profession, working with nursing
schools to recruit new nurses and developing incentive systems to retain nursing staff. Some
people may using the emergency room for less serious illness because they don't have a personal
physician to handle it, which contributes to the backlog.. He indicated there are numerous state
and federal regulations which they must follow in the operation of the Emergency Department,
and they are currently in compliance with. He said he has met and is working with the medical
society to address the emergency room issue and is planning to meet with the editorial board of
the Bakersfield Californian in an effort to educate the community about the problem.
It appears there is limited influence the city may exert to address this problem. As indicated in
the attached legal background memo, state law gives broad responsibilities for Emergency
Medical Services to county EMS agencies. The city has authority for establishing the need and
necessity for ambulance service and ambulance rate regulation, but has very limited authority
over ambulance operational issues. Additionally, we have been unable to identify any legal
authority for the city to control the activities of the local hospitals. That is largely the
responsibility of the state and federal regulatory agencies. The Council could however, direct
staff to send letters to the hospitals, the EMS department or other regulatory agencies to express
the City's concerns about this situation.
As Councilmember Maggard pointed out at the Council meeting I am the representative for the
Kern County City Managers Association on the Emergency Medical Care Advisory Board
(EMCAB). I will be attending their upcoming meeting on February 11th where this issue will be
discussed and will keep you updated.
S:~JOHNXAMBXAmbulance Service and Emergency Room Delays.wpd
MEMORANDUM
January 15, 1999
TO: HONORABLE MAYOR AND COUNCILMEMBERS
FROM: ROBERT M. SHERFY, Chief Assistant City Attorney /~
SUBJECT: THE POWER OF THE CITY TO CONTROL OR REGULATE MEDICAL
SERVICES
Vice-Mayor Carson inquired as to the powers of the City to control or regulate
medical services within the City of Bakersfield.
It appears that the City of Bakersfield has little, if any, control over how local
hospitals manage their services. The only laws currently in place whereby the City.
attempts to control issues relating to health care are the provisions of the Bakersfield
Municipal Code (Chapter 5.10) relating to licensing of ambulance service.
While the City Charter purports to give the City some degree of regulation of
hospitals (Section 12), no current law exists whereby the City actually has any regulatory
authority. Any attempt to regulate by the City would most likely be challenged based on
the numerous state and federal regulations already in place.
State law provides that cities may regulate the operations of ambulances within their
jurisdiction. Cities that provided pre-hospital emergency services within their jurisdiction
on June 1, 1980, may continue to provide such services or contract with the county to
provide all or a portion of such services. However, cities may not expand the pre-hospital
emergency services they provide beyond those provided as of June 1, 1980. (County of
San Bernadino, et al vs. City of San Bernadino (1997) 15 Cal.4th 909; California Health
and Safety Code Section 1797.201 .)
Health and Safety Code Section 1797.200 provides that each county may develop
an emergency medical services program and further provides that each county developing
such a program shall designate a local EMS. agency. This agency shall be the County
Health Department, an agency established and operated by the county (this is the mode
currently in place here in Kern County), an agency with which the county contracts for
purposes of E.M.S. administration, or a joint powers agency.
THIS MEMORANDUM IS EXEMPT FROM DISCLOSURE AND IS PROTECTED
BY THE ATTORNEY/CLIENT AND ATTORNEY WORK PRODUCT PRIVILEGES.
Honorable Mayor and Councilmembers
January 15, 1999
Page 2
Health and Safety Code Section 1255.1 provides that a hospital which provides
emergency medical services shall not later than 90 days prior to a planned reduction or
elimination of a level of emergency medical services, provide notice of the intended
change to the state, the local government entity in charge of the provision of health
services, and all health care service plans or other entities under contract with the hospital
to provide services to enrollees of the plan or other entity.
RMS:dlr
cc: Alan Tandy, City Manager
S:~2OUNClL~lEMOS~AmbulanceMmo2.wpd
THIS MEMORANDUM IS EXEMPT FROM DISCLOSURE AND IS PROTECTED
BY THE ATTORNEY/CLIENT AND ATTORNEY WORK PRODUCT PRIVILEGES.