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HomeMy WebLinkAbout03/21/03 B A K E R S F I E L D CITY MANAGER'S OFFICE MEMORANDUM March 21,2003 TO: Honorable Mayor and City Council FROM: Alan Tandy, City Manage~'7~ SUBJECT: General Information 1. The grand opening of the Food Maxx grocery store at California and Union was held on Wednesday, March 19th. Congratulations to Councilmember Carson and all those who worked to make the project a reality. 2. There was a groundbreaking for the Senior Housing Project at 500 R Street. Again, kudos to all involved to ensure funding for the project. 3. A groundbreaking ceremony to commemorate the start of construction for the new ice rink is being planned for Wednesday, April 2® at 11:00 a.m. You will receive your invitations next week, and we hope to see you there if your schedules allow. 4. A status report on the City's participation in "Operation Clean Air" is enclosed, along with information related to the Clean Air Summit scheduled for April 23rd in Fresno. 5. A status report from Water Resources is enclosed regarding the progress of construction on the Northeast Bakersfield Water Supply project. It is getting close, with the project on schedule for an April 14'h start up. 6. The enclosed memo from EDCD reports that Stier's Leisure Vehicles is in compliance with the terms of the loan agreement with the City for third year of their five year loan. 7. Recent items of interest related to the State budget crisis are enclosed, as follows; · The March 19'h Los Angeles Times article identifies State cuts of $3.3 billion that was approved by the Governor. None of those cuts affected local government. · March 20'~ Los Angeles Times article; · March 14'h newsletter from the California Fire Chiefs Association; · March 20'h Sierra Sun article, which is a Q and A with Assemblyman Rick Keen. Honorable Mayor and City Council March 21, 2003 Page 2 8. In response to a request by Councilmembers Couch and Salvaggio, the Public Works Department provides a memo that outlines FAA regulations regarding take- off and landing patterns at the airport, and a report regarding federal and State grant monies to include the cost of repairs and an analysis. 9. Responses to additional Councilmember requests are enclosed: Councilmember Benham · Cost to provide one concert at Beale Park on July 4th. · Information regarding the feasibility of an upcoming competitive swimming program this summer. Councilmember Carson · Response from the EDCD regarding the request of the Budget and Finance Committee to review the underwriting guidelines used by EDCD in considering CDBG economic development loans. · Response to citizens regarding curbside recycling expansion. Councilmember Couch · Update on the Patton Way and Hageman Road traffic signal. Councilmember Maggard · Citizen response regarding 'appropriate venues for the public's presentation of evidence of economic impacts / benefits. Councilmember Salvaggio · Citizen contact regarding fireworks permit. Councilmember Sullivan · Enforcement of Code violations such as trash and debris, parking and advertisement of vehicle sales at the old Builder's Square building on Ming Avenue. AT:rs:al cc: Department Heads Pam McCarthy, City Clerk Trudy Slater, Administrative Analyst B A K E R S F I E L D OFFICE OF THE CITY MANAGER MEMORANDUM March 21,2003 TO: .Alan Tandy, City Manager FROM: John W. Stinso~sistant City Manager SUBJECT: Operation Clean Air This is to provide an update of city activities regarding "Operation Clean Air". Operation Clean Air is a group of San Joaquin Valley political and business leaders who have formed together to create a 5-year action plan to clean our air and promote prosperity in the San Joaquin Valley. They are currently working on developing a "Clean Air Action Plan" that would provide voluntary emission reduction strategies that can be implemented by governmental agencies, private businesses, and individuals. The emission reduction measures are in addition to the traditional regulatory programs included in the Valley Air District's plans. The plan will also include a resources component outlining resources that will be needed to achieve the reductions outlined in the plan. Various government and interest groups participating in the process are developing elements of the plan which is intended to be ratified at a "Clean Air Summit" to be held in Fresno on April 23, 2003. Following the summit, community leaders will use the plan to seek the resources necessary to implement the plan. Additionally the plan will be used. to educate groups about things they can do to improve air quality. The group has adopted a set of guiding principles which I have attached to this memo. I have met several times with the working group for cities. This group includes representatives from the major valley cities of Fresno, Stockton, Modesto, and various smaller valley cities. The consensus of the participating cities that the most effective measures/projects that cities could undertake were further conversion of city fleets to cleaner fuels (like lng/cng); enhanced traffic synchronization efforts (like we are doing with our traffic operations center); and various trip reduction efforts including e-government and teleconferencing. The group is compiling figures for the resources needed to achieve these measures/projects for cities in the San Joaquin Valley. City staff has estimated a cost of approximately $1,360,000 to convert suitable vehicles in our fleet to lng/cng. We are also estimating that $8.5 million would be needed for to implement signal coordination and improvement projects consistent with the Operation Clean Air plans. It is my understanding that once the plan is developed and related cost figures compiled that local representatives intend to use this information to obtain funding from the state and federal government to address these needs. S:~lOHN~TCM\Operation Clean Air Memo.doc Guiding Principles · The emission reduction measures considered in the Clean Air Action Plan are in addition to the measures contained in the San Joaquin Valley Air Pollution Control Districts regulatory plan and are voluntary in nature. Participants should suggest measures that they can implement rather than volunteering others to implement measures. · Contributions to the San Joaquin Valley Air Basin non- attainment status come from every segment of society. Consequently, every person, government entity, and business in the region should do their part to reduce emissions. · Emission reduction measures should be implemented as expeditiously as practicable to realize health benefits and prevent imposition of federal sanctions. · Emission reduction measures considered should include all feasible measures prioritized by their relative benefit and cost. · Where appropriate, the region should pursue economic incentives to reduce emissions including direct funding for emission reductions and pursuing tax credits for expenditures that reduce emissions. · The federal government is responsible for emission controls that apply to heavy-duty engines and diesel fuels. These measures should be implemented as rapidly as possible to assist the San Joaquin Valley's efforts to reduce air pollution. ~ ~ ~ ~< · 7, ~> ~t:~¢~:~k.:~~ .~ - REGISTRATION INFORMATION FEATURED TOPICS !. ~' r~:z~ '~,~,~ The Summit will feature the Clean' Air Action Plan and address such questions as: ·What can groups and individuals do on a voluntary basis to improve the air? · What can be done at the federal level to ~ 4~ 0 peration Clean A i r brh~g support and resources to the San Joaquin Valley? ~ The San doaquin Valley Air Initiative · What resources would support the Vatley's creation of tnass trtmsit and improved use of renewable energy sources to reduce emissions? ·Can research better rite science behind air improvement strategies? · Can an "Air Quality Emp0wennent Zone.." bring hacentives to the region for the development, implementation and local ~mnufacturing of air enhmtcing products and processes? April 23 2003 EVENT SPONSORS · ltow can other air quality stakeholders engage in Operation Clean Air? Fresno Convention Center AMERICAN ~ .-..,...~+,,~,..,- 8:00am LUNG ASSOCIATION. ofCen~t C~om/a Additionally, speakers from the federal, state and local level will present specific strategies www.operationcleanair, org to modify the way we work, live, and do ,EPA Sail J,ou( iI V'cdley business - for the economic prosperity and United States ~ Po[[utio~ Environmental protection Controi DJstr~ct health of the region. The day will also include a special B ~.~,.~ ~ appearance by the Central California Children's Choir. J AGENDA ] :VENT INFORMATION 8:00am Check-in Begins & Exhibit Space Opens 8:55am Sm~mit Opening 9:10am Welcome & Introduction Handheld Responder Orientation 9:30am Defining the Problem Operation Clean Air San .loaquin Vallev Air. Pollution Control District 10:00am OCA Mission and Goals Hal Bolen IL Chair of Air Quality Task Force, Fresno Business Council 10:15amPanel - Innovating for Cleaner Air Judy Corbett, Executive Director, Local Government Commission Roger t~om, Dissector of Technical Services, Calijbrnia Cotton Ginners & Growers Association Rick Mo~?'ow, EP Customer Sera,ice Major Markets, Southern California Gas Company Bill I4tn Amburg, Senior Consultant, CALSTART 1 h30am Break, Visit Exlfibits 1 l:45am Lunch Wayne. Nastri, Regional Admin~tratot; U.S. Environmental Protection Agency 1:15pmLiving with Asthma Caleb Schneider 1:30pmOur Health & the Air We Breathe Kathleen Mortimer; ScD, MPH, Director Fresno Asthmatic Childrens' Environmental Study (FACES) 2:00pm Clean AirAction Plan Principles Dr. John Welty, P~esident, CSU, Fresno 2:10pm Panel - Stepping Up to the Plate: Weighing in on the Action Measures Working Group Leaders 3:30pm Federal Legislators' Response 5:00pm Close B A K E R S F I E L D MEMORANDUM (White paper due to photographs) March 14, 2003 TO: Gene Bogart, Water Resources Manager FROM: Florn Co--Resources Director SUBJECT: Northeast Bakersfield Water Supply Project - Construction Progress The Northeast Bakersfield Water Supply Project is to bring high quality Kern River drinking water to the citizens of northeast and central Bakersfield, as well as provide the catalyst for orderly development of the dry foothills on the eastside. The project began with the City constructing a Kern River turn-out structure, located below the California Living Museum. The entire project, a public-private cooperation between California Water Service Co. and the City, includes a river pumping station, two adjoining reservoirs, the purification/filtration plant and distribution pipelines to and from the purification plant. The Cai Water/City Kern River pumping plant and the City reservoirs have been completed, the Cai Water Treatment Plant and Cai Water pipelines should be finished in April, 2003. The Kern River Pumping Plant, located just east of the reservoirs will move Kern River water through the 54" raw water pipeline that extends from the pumping plant, crosses Alfred Harrell Highway, follows the bike path southerly until turning east at the PG&E substation and continuing on until it reaches the Cai Water purification/filtration plant. Vertical turbine pumps located inside Kern River Pumping plant Phase two of the reservoir construction, the liner installation blanketing the bottom and sides of the two raw water reservoirs is finished. The liner is a geomembrane (flexible polypropylene) seal to prevent leakage. East Reservoir Kern River Pump Plant located back upper left Page - 2 - Northeast Bakersfield Water Supply Project The California Water Service Co. Bakersfield Treatment Plant is 95% complete. Construction of the major buildings have been completed. A state-of-the-art micro filtration system, using membrane technology is on site and will be installed this month. All underground piping is complete. The plant will undergo an initial start-up and demonstration in April 2003. This will analyze the facilities for any adjustments prior to officially serving City residents in May 2003. Adjusting the h the sluice gate Cai Water is currently completing the installation of almost 7 miles of transmission and distribution water pipelines that range in size from 18" to 54" in diameter. That portion of Typical sluice gate (left) pipeline along Alfred Harrell Highway and the major transmission ~he sluice gates control the water communication lines along Paladino, Morning and between each of the Panorama Drive have been reservoirs and the reservoirs and the river completed.. The last of the pipeline is being installed along Auburn with the connection to the water tanks at Fairfax and Auburn and the connections from the pipeline to the Panorama tanks near Columbus scheduled to be completed in two weeks. Minor traffic lane disruptions are expected on these streets during this installation period. Interior office Cai Water Treatment Plant Pipeline construction Preparing trench for pipeline amid other existing utility pipelines BAKERSFIELD Economic and Community Development Department MEMORANDUM March 14, 2003 FROM: Donna L. Kunz, Economic Development Director SUBJECT: Employment Status for Stier's Leisure Vehicles, lac. al.b.a. Stier's RV Sales Agreement No. 99-83 between the City of Bakersfield and Stier's RV Sales, provided a $60,000 loan to the company for a term of five years. This loan is not a forgivable loan and will be repaid at 0% interest in 2004. However, if in any year the company fails to comply with the terms of the agreement, 20% of the loan (or $12,000) would reimbursed to the city. These terms include: · hiring eight workers from Bakersfield during the first year, twelve during the second year, five durinq the third year, five during the fourth year, and zero during the fifth year for a total of 30 new jobs over the term of the agreement; and · of those workers hired each year, at least 51% must be Iow- and moderate-income individuals. During the third year (2001-02), the company exceeded the terms and conditions of the agreement, with 45 new employees, 53% of which were Iow- and moderate-income individuals. Therefore, Stier's RV Sales, Inc. has met the terms and conditions required in the agreement for the third year and will not be required to immediately reimburse the city for 20% of the loan. Payment for the entire loan is due on April 14, 2004. With you approval we will be sending a letter to the company acknowledging their status concerning the conditions of the loan. P:\Stier's\Forgive 20% Year 3 memo.doc dlkP:\Stier's\Forgive 20% Year 3 memo.doe http://www.latimes.corn/news/printedition/califomia/la-me-budget 19mar 19, 1,339497.story?coil=la% 2Dheadlines%2Dpe%2Dcalifbmia CALIFORNIA Davis Cuts, Shifts Funds The governor signs $3.3billion in reductions, hitting education the hardest. By Evan Halper Times Staff Writer March 19, 2003 SACRAMENTO -- Gov. Gray Davis signed into law on Tuesday a $3.3-billion package of program reductions and fund shifts that will affect several government services over the next four months, hitting education hardest. The bill package represents the first significant patch that lawmakers have been able to make in a budget hole estimated to be as large as $35 billion through spring 2004. Davis called the cuts a down payment on balancing the budget, and stressed that many more difficult reductions will have to be made in coming months. "These budget cuts are necessary to begin solving our budget shortfall," Davis said Tuesday night. "There is still difficult work ahead, but I commend the members of the Legislature for taking this important step." The cuts he signed Tuesday include a $2.3-billion reduction in education spending. Lawmakers targeted education first because it accounts for nearly half the state budget, and if funding is not reduced before summer, they will be forced to raise education spending substantially next year. The education funding formulas enacted through Proposition 98 base the minimum allotment the state must give to schools on education spending in the prior year. The bills include hundreds of items, ranging from holding off on a $1,000 repair at the California State Library to a permanent deferral of $1.1 billion in across-the-board spending for K- 12 schools. Water-quality programs will be scaled back in the current year. So will coastal preservation and emergency-service earthquake programs, to name two. A significant portion of the funds being cut in those and other areas were allocated but never spent because the jobs they were to pay for went unfilled. Many of the reductions are not cuts at all, but funding shifts that allow lawmakers to delay spending. The K-12 schools deferral is an example of such a shift. Lawmakers will hold onto that money until July so it falls into the next year's budget. The state captured $66 million by moving money for several environmental programs out of the general fund and paying for them instead with bond revenue from voter initiatives. The bills the govemor signed also allow the state to "borrow" $100 million in transportation money to help close the budget gap, on condition that the funds will be replaced later. Republicans said that the reductions are far too little, and that lawmakers are way behind where they should be in bringing California into the black. "It is a step, but a very small step," said Senate Budget Committee Vice Chairman Dick Ackerman (R- Irvine). "We need to start addressing the serious financial condition the state is in. The governor needs to impress on the Democrats the urgency of the situation." Ackerman said these first cuts were the easy ones, and the job gets a lot harder from here. "Half of these are fund shifts and accounting gimmicks," he said. Democrats, however, say the actions set the stage for several more billion dollars in reductions next year, by changing funding formulas and suspending certain programs indefinitely. The governor had called on legislators to produce nearly double the amount of current-year reductions that were in the bills that landed on his desk last week. But many Democrats said the cuts proposed by the governor were simply too hard on the poor. They also refused to make more cuts while Republicans continue to oppose any tax increases. Davis has proposed $8.3 billion in new taxes, including raising the sales tax by 1 cent, increasing levies on tobacco and raising the income tax rate for high earners. Senate Republicans have called instead for rolling a large part of the state's debt into 2005, enacting a spending freeze and cutting all government programs by at least 7%. Schools, looking ahead, already have felt the pain of the budget cuts Davis approved Tuesday. Layoff warnings have gone out in several districts. And funding for various academic programs is being reduced. In addition to a reduction in general funding to school districts, money from the state targeted for school libraries, textbooks, after-school tutoring programs, career education exams and mentoring for new teachers is cut in the bills. Higher education also took a hit. Community college funding is being reduced by $141 million. The California State University and the University of California systems will lose about $60 million each. One budget action lawmakers approved but Davis vetoed was a plan to save $70 million by granting work credits to more prisoners, allowing their release up to 27 days early. Davis vetoed the bill a week after 11 Democrats who had previously voted for it asked him to kill the measure because they had not known that it would have allowed early release of people convicted of some types of crimes such as felony stalking and elder abuse. The bills the governor did sign, however, include at least $7 million in cuts to the Department of Corrections. Several of the budget actions involved state environmental programs. The bills include an increase in the fines that air and water polluters will pay, raising $23 million. "It is only fair that those who contribute to Califomia's air and water pollution bear a greater share of the cost of regulatory activities to achieve clean, healthful air and water quality," Davis wrote in his signing message. Fees for using state parks will be going up as a result of the budget actions, and $58 million in unspent local flood-control money is being taken back by the state to help cut spending. Times staff writer Nancy Vogel contributed to this report. (BEGIN TEXT OF INFOBOX) Budget highlights Included in the $3.3-billion budget bill: K- 12 Education * $1.2 billion withheld until next year * $103 million cut from instructional materials grants * $11.6 million cut from school library materials program * $21.7 million cut from beginning teacher training Higher Education * $141 million cut fi'om community colleges * $59.6 million cut from Cal State universities * $60.9 million cut from UC system Resources and Environmental Protection * $128.5 million in cuts Courts and Prisons * $44.5 million cut from judiciary and trial courts * $1.5 million cut by delaying Delano prison construction Source: Senate Bills 18X and 19X Los Angeles Times  OcU want other stories on this topic, search the Archives at latimes.com/archives. lick here for article licensing and reprint options Oopyright 2003 Los Angeles Times http ://www.latimes.com/news/printedition/califomia/la-me-budget20mar20003429,1,3104415.story? coll=la%2Dheadlines%2Dpe% 2Dcalifomia CALIFORNIA A High Price for Delay on Budget Independent analyst says political gridlock over the state's crisis has cost $1.3 billion and options are narrowing. By Evan Halper and Jeffrey L. Rabin Times Staff Writers March 20, 2003 SACRAMENTO -- The political gridlock that has kept the California Legislature from reaching agreement with Gov. Gray Davis on budget actions is exacting a heavy cost, according to an internal government report: $1.3 billon so far, and the price tag is growing. Since January, when Davis offered his plan to plug. a budget gap of up to $35 billion over the next 16 months, the nonpartisan legislative analyst's office has found that some savings opportunities have come and gone, and that options are continuing to narrow. "This just means the reductions that will have to be made in the coming budget year will be deeper," Assembly Budget Committee Vice Chairman John Campbell (R-Irvine), said Wednesday. He had requested the report. "The potential for a negotiated settlement between Republicans and Democrats will be more difficult every day we delay." The'news came as Department of Finance Director Steve Peace informed Wall Street financial experts that it is unlikely lawmakers will take any more significant action on the budget until mid-May. Peace told the bond raters that as a result of the legislative delays -- and tax revenue that is already off $362 million in the last two months -- the state would still be at least $2 billion in the hole even if the Legislature immediately approved all the cuts and tax increases in the govemor's plan. Few, if any, lawmakers are ready to do that. Democrats say the Davis plan is too hard on the poor, while Republicans oppose its $8.3 billion in tax hikes. David Hitchcock, director of public finance ratings at Standard & Poor's in New York, said the news from Peace cast a pall over the $3.3-billion budget-reduction package Davis signed into law Tuesday -- the first significant patch lawmakers have been able to make on the budget hole. "It's sort of two steps forward, one step backward," Hitchcock said. Many Democrats say they have no regrets about not making many of the cuts in the Davis plan, however. They say many of them would cause too much pain for low-income Californians and should be made only after all other options have been exhausted. Among the measures they have so far rejected are cutting hundreds of thousands of people from Medi-Cal and eliminating child-care programs. "These are painful cuts that affect the lives of Califomians," said Assembly Speaker Herb Wesson (D- Culver City). But the overwhelming majority of lost savings, according to the legislative analyst's report, resulted from the months it took to reach agreement on vehicle license fees and the local government funding they once provided. In 1998, the "car tax" was lowered to give tax relief to motorists at a time when the state had a budget surplus. When local govemments complained, the state began reimbursing them billions of dollars annually for the lost revenue. In January, Davis called for ending those reimbursements, but the Legislature instead approved a bill to recapture the funds by raising the car tax. Davis vetoed the bill to avoid angering Republicans who opposed it. Lawyers for the administration and the controller's office have since concluded that language in the 1998 law calls for the tax to increase automatically during a budget crisis. "Every month that we've been waiting on [raising the car tax] cost us," said Assembly Budget Committee Chairwoman Jenny Oropeza (D-Long Beach). The legislative analyst put the cost at $250 million a month. The Legislature's rejection of several health-care cuts proposed by Davis has been costing the state about $51 million a month since early February, according to the analyst's report. Beginning April 1, that amount will go up to about $125 million a month. The cuts proposed by Davis include changing eligibility requirements for Medi-Cal and cutting by 15% the rates paid to physicians. Opponents of such cuts have warned that the reductions would take away the safety net for Californians who have no place else to go. The analyst's report notes that some other cuts would be one-time reductions, but the deadline to make them has either passed or will pass next month. They include cutting grants to public libraries by $15.8 million, and saving $98 million by cutting CalWorks child-care programs. "If we take some of these reductions now, we won't have to go deeper next year," Campbell said. "The message here is that earlier reductions means fewer reductions." But Democrats say they have already made a substantial dent in the shortfall. They say the $3.3 billion in current-year reductions signed by the governor Tuesday will carry over into next year and have a net effect of reducing the 16-month shortfall by $8.4 billion. Wesson says that when the car tax goes up, that will close the budget gap by $4 billion more. The bond raters on Wall Street do their accounting differently. They don't quite buy the argument of the Democrats that a third of the shortfall has been closed. And they say many of the reductions made Tuesday are one-time fund shifts and accounting maneuvers. But as they braced for the state to seek one of the largest short-term loans in history to carry itself into the next fiscal year, they expressed relief that at least some action has been taken. "This is not as much as the governor wanted, and it took longer," said Steven Zimmerman, managing director of Standard & Poor's. "But it's still better than not doing it." ; u want other stories on this topic, search the Archives at latimes, com/archiVes. lick here for article licensing and reprint options California Fire Chiefs Association March 14, 2003 9:30 a.m. (PST) BUDGET WATCH ........ Ending a weeks-long budget stalemate, on Monday the Assembly approved $3.3 billion in current year cuts that Governor Davis said he would sign. The Assembly's action comes after the Davis Administration and State Controller Westly agreed that the Vehicle License Fee (VLF) could be raised without a vote of the Legislature. Lawyers for both Davis and Westly issued a joint opinion that concludes that the VLF can be raised if state revenues fall below a specified level, which that currently have. Assembly Speaker Herb Wesson stated upon learning of the opinion: "Our comfort level is elevated to the point that we believe (the tax hike), is inevitable and it will in fact occur." It is estimated that the VLF will increase by an average of $105 by the end of June, giving the State $4 billion in revenue. Republicans were not happy with the opinion or the actions the Democrats took on Monday and promised to challenge the fee increase in court. "DOn't count on that money," said Assembly Member Ray Haynes, Republican from Riverside County. "It's a pipe dream," said Haynes. Assembly Republican Leader Dave Cox said: "Governor Davis and legislative Democrats today (Monday) worked out a secret backroom deal to triple the car tax without a legislative vote or public input." Also this week, Republicans, expressing concerns that lawmakers are way behind schedule in closing California's budget hole, proposed giving Governor Davis the power to cut programs from the current year budget without approval by the Legislature. Governor Davis supports this authority; power former governors' enjoyed, and included the proposal in his proposed 2003-04 State Budget. Democrats, by and large, think this is a bad idea and will block any such authority, arguing that it give the Governor too much power over matters that are rightly within the legislative process. To round-out a busy budget-related week of activities, Assembly Speaker Wesson announced yesterday that he will not allow policy committees to hear any non-budget related bills until the last week in March. The Speaker said this will give the Assembly more time to focus on the budget void of the normal committee hearing schedule. Not a big thing as most legislators do not set their bills until early April anyway. BUDGET BY INITIATIVE? Numerous unions and advocacy groups have takenthe first steps toward qualifying a ballot initiative that would reduce from two-thirds to 55% the voting threshold California lawmakers need to pass a state budget or raise taxes. Legislative Democrats support the lower vote requirements, while Republicans hate it. Assembly Member Dave Cox said Assembly Republicans "stand absolutely opposed to lowering the voting threshold," maintaining it protects taxpayers. "Reducing it would be a slap in their face," Cox said. The Service Employees International Union is spearheading the ballot measure, which has the support of the California Teachers Association and other unions, along with Health Access Coalition and the League of Women Voters of California. Titled the "Budget Accountability Act," the measure would not change Proposition 13's property tax limitations or voting thresholds. This claim drew the following response from Jon Coupal, president of the Howard Jarvis Taxpayers Association: "1 think California voters will see this as a pig in a poke-a disguised effort for more government spending." Coupal said the initiative should be called the "Tax Increase Act of 2003." The initiative must gather 598,105 valid signatures to qualify for next year's election and contains language that would prohibit legislators and the governor from collecting their salaries and expenses for every day they miss the Budget deadline and require the Legislature to remain in session until the Budget is passed. Stay tuned on this one... SENATE JOINT RESOLUTION #6 (SOTO) - SUPPORT LETTERS REQUESTED Senator Soto has authored Senate Joint Resolution #6, relating to first responders and the need to ensure our mission is funded. Senator Soto has requested support letters from the Fire Service and I have attached a Cai Chiefs support letter prepared by Chief Ken Wagner, Legislative Director and Chair of the Legislative Task Force for your use. Please take a few minutes and send Senator Soto a support letter. RAH/kmg Attachment Sierra Sun Page 1 of 3 BA~CK ~ Article published March 20, 2003 Q and A with Assemblyman Rick Keen By Christina Nelson Between appearances at various organizations last Friday, State Assemblyman Rick Keene sat down with the Sierra Sun to answer a few questions. Here are his thoughts on the budget, the economy, the environment.and Gov. Gray Davis. Sierra Sun: We hear a lot about what might be cut from the state budget, but what does the budget crisis mean to an average Truckee family? Rick Keene: At this point all we've done is cut our budget by about 3.5 percent. We have an almost $80 billion a year budget in general funds. If you can figure out how that affects certain agencies, agency by agency, but that's kind of where we are now. The bigger question is what we're about ready to do, which is to' enter into discussions .about how to fix the other $25 billion that we have delayed. The concern that some of us had is that the longer we wait to do this [balance the budget], we're going about a billion dollars in the hole every month. We're just entering the second phase of discussions, which is next [year's budget]. We didn't want to close down the discussion on last year's issues because we thought that there were things that could be cut that would not affect basic services. Unfortunately the folks who are in control of our body in the assembly would not consider it. As a matter of protest, when [the Democrat leadership] went to try to adjourn the last session, we voted no. We're doing everything we can to bring up as many options as possible with our colleagues on the other side of the aisle but at this point they're not allowing them to be discussed. SS: As a city councilman you understand the situation in which towns and cities may find themselves with the budget crisis - especially with basic services. RK: I was very surprised to find that when you go to Sacramento the state mandated programs that they have for counties specifically, but also for cities and other jurisdictions, [the state] sees as local assistance. So in their way of looking at it they think this is money they're helping local governments with, but from a local government perspective these are mandates that they have no choice to meet. There just is a huge disconnect in the way they view these things. We're asking that they consider just block granting those funds [funds that would normally go to state mandated programs] to counties and cities and school districts, where ever it can be done. If we could do that it would be a wonderful break for cities and counties and local districts because they would have the flexibility to put the monies where they would need to put them. http ://www.sierrasun.com/apps/pbcs.dll/artikkel?Date=20030320&Category=COMMUNITY&ArtNo=3032~... 3/20/2003 Sierra Sun Page 2 of 3 When you cut a county by 5 percent it may seem like in Sacramento speak that you're not making a big impact, but when everything is predetermined from the state and you don't relieve them of the mandates it's a huge hit to counties. SS: Affordable housing is mandated by the state, but not funded by the state and the money that could be used for affordable housing may be taken away because of the budget crisis. What is your position on this situation? RK: We are having this discussion currently. And we brought that issue up - that if you're cutting housing money you need to cut mandates for housing as well. The folks on the other side have not been listening to that so far. But here we are, we've been there for 10 weeks, I've been a legislator in Sacramento for 10 weeks, and maybe if you keep repeating something over and over long enough maybe people will get it. You can't ask local jurisdictions to do things that in Sacramento seem to make sense and not give them [money to do it]. SS: How can you, in your position, go about making sure Truckee and the Sierra gets its fair share of conservation funding? RK: I am lead Republican on Proposition 50 for the Assembly. I have my staff researching what projects are out there and what projects will benefit my district and make sure we get an adequate share of the dollars spent up here. But I don't know the perimeters yet. It's a little bit early. I'm going to have to have a list of projects and the community's priorities established before we ever get there. SS: You're definitely a minority in state government. What is it like working in your position? RK: I think it's great. There's a different role you play when you're in the minority then when you're the majority. You have the ability to critique. One of the sad realities of being in the minority currently is that now that they've run out of money then you have much more influence over what's going on. Normally, in good economic times, when there's plenty of money and all they need are majority votes and there's no downside [to spending], then they don't need Republicans. Now they actually have to talk to us about some things. For instance, this bond [Proposition 50] issue is a good issue because they need some Republican votes to pass it. Now they have to talk to us and since we have a north state representative involved in this discussion we may be able to weigh in better now then we have in a long time on this issue. Now we have a place at the table. SS: If you had complete control of the budget, what would you cut, what taxes would you increase to balance the budget? RK: I wouldn't increase taxes because we have significant resources. Our budget has increased by almost 30 percent in four years. If we could I'd roll everything back to four years ago. When we started this we had a $9 billion surplus, we had a $60 billion budget. I would take the budget we had four years ago and look at everything we added past that. And I'd start seeing which are the programs We have that are within our means and are the most essential. And I would say, "I know that we've gone out and made obligations beyond that but we cannot afford that." We were able to fund education then [four years ago], we were able to build roads then. SS: How do you feel about the recall of Gov. Davis and do you think that's an appropriate way to fix the problems California faces? RK: It's a mixed bag because, in some respects, the voters just made that decision. If you want to ask me, do I think he's doing a competent job? No. Do I think that the voters are wrong in electing him this year? Yes. I think they made a major mistake because they took their eyes off the ball, and were focusing on a smear campaign instead of the issue of competency. http://www.sierrasun.c~m/apps/pbcs.d~/artikke~?Date=2~3~32~&Categ~ry=C~MMUN~TY&ArtN~=3~32~... 3/20/2003 Sierra Sun Page 3 of 3 The other thing is you've got to be careful of is getting what you wish for. If somebody makes a mess I think they should have to clean it up. But can we afford another four years of this guy? No. So it really is a mixed issue. We're not seeing the leadership out of the governor's office that we'd like to see and that we should see. On the other had whoever walks in is going to have a major mess on their hands. And they're going to get blamed for how it comes out. http://www.sierrasun.c~m/apps/pbcs.d~/artikke~?Date=2~3~32~&Categ~ry=C~MMUNITY&ArtN~=3~32~... 3/20/2003 CITY OF BAKERSFIELD MEMORANDUM March 17, 2003 TO: ALAN TANDY, CITY MANAGER FROM' RAUL M. ROJAS, PUBLIC WORKS DIRECTOR~ SUBJECT: AIRPORT FLIGHT PATTERNS AND REPAIR COSTS Council Referral #000399 Councilmember Salvaggio requested Brad Underwood prepare a written response to Council outlining FAA regulations regarding take-off and landing patterns at the airport. Councilmember Couch requested Assistant City Manager Stinson compile a report to Council regarding federal and state grant monies and include cost of repairs and an analysis. There is no designated or mandatory flight pattern for the Bakersfield Municipal Airport. The City can not control a pilots actions in the air, these actions are controlled by the Code of Federal Regulations (14 CFR 91) which mandate operating rules for pilots in the National Airspace System. City staff has worked with the FAA to recommend departure paths, primarily to avoid conflict with Meadows Field air traffic. These departure paths are provided on signs at either end of the runway. As a general rule pilots will approach an airport at a 45 degree angle to the runway, then when close will parallel the runway prior to making the turn for final approach. This provides a reference location for other pilots to observe for air traffic. For the Bakersfield Municipal Airport this would place aircraft approaching from the west in the vicinity of Valley Plaza. Attached is a summary of FAA grants received for the Bakersfield Municipal Airport, approximately $4.5 million was used for land acquisition. State Grant funds in the amount of $10,000 per year have been received for approximately the past 10 years and used for general maintenance. G:\GROUPDAT~Referrals~2003\CC Mtg 03-12X399 - Brad.doc Page 2 #000399 Over the next 20 years several significant maintenance projects will be required as follows: Re-roOf Buildings $ 250,000 Slurry Seal Runway & Taxiways $ 200,000 Resurface Runway & Taxiways $ 450,000 Drainage Improvements $ 200,000 HVAC Replacement $ 75,000 Hangar Maintenance $ 150,000 Slurry Seal Tie-down Area $ 125,000 Reconstruct Parking Area $ 450,000 Reconstruct Access Roads $ 550,000 Reconstruct Runway $1,100,000 Total $3,550,000 The revenue generated from rent on the airport is estimated to be slightly higher than annual expenses. The additional funds generated would go towards the 10% match of any Federal or State grant. These projects would have to be paid for with General Fund dollars if grant funds are not obtained. Many of these projects are required for the City to comply with the grant assurances. G:\GROUPDAT~Referrals~2003\CC Mtg 03-12k399 - Brad.doc City of Balmmfield Airport Fund Federal Grant Revenue & City TrliniMrs 1985/86-1998/99 Federal ~ ..Deea'l;~ion .. G~ls Conlfll~tions Totals 1SSs-e6 2,0O0A00 54O,0OO * ;,~40,000 1986-87 1,481,776 .... 1,481,776 1987.88 424,719 50,000 * 474,719 1988-89 211,559 483,030 · 684,589 1989-90 1.944.238 -- 1.944,238 1990-91 !,726.752 1,7'26,752 1991-92 807,421 435,500 *' 1,242,921 1992-93 187,699 881,470" 1,069,169 1993-94 ~52.449 ....... 252,449 1994-95 130.598 265,000" 395,$98 1995-96 17,862 .... 17,862 1996-97 617~.36 ..... 617~36 1997-98 ......... 1998-99 .... _ ~ 21855~1)- 1~,457;~0~ Capital Improvements 9,802.309 1,640,600 11,442,909 Operations ..... 479,764 470,764 Availiable B~lance 6/30/99 ...... __ 534..636 _ 534.636 ' Revenue Sharing Funcl "~enarai Fund MAR 2 0 2OO3 DEPARTMENT OF RECREATION AND PARKS DATE: March 18, 2003 TO: Alan Tandy, City Manager FROM: Stan Ford, Director ~ SUBJECT: SUMMER BAND CONCERT Ref000402 (WARD 2) Councilmember Benham requested staff provide the cost for one concert to be held' at Beale Park on July 4th. Staff met with the Director of the Bakersfield Symphony to discuss the costs of one (1) performance and the possibility of performing on Friday, July 4, 2003 or follow the traditional performance date by playing on Sunday, July 6, 2003. The Director indicated the Symphony was interested in participating in the concert this summer. The one (1) performance is estimated to cost $2,800 which includes payment to the Symphony, temporary staff, and supplies. C:\Documents and Settings~sforsyth\Local Settings\Temp\Ref000402.doc March 20, 2003 (2:04PM) : ~MAR 2_ 0 2003 DEPARTMENT OF RECREATION AND PARKS DATE: March 18, 2003 TO: Alan Tandy, City Manager FROM: Stan Ford, Director ~ SUBJECT: COMPETITIVE SWIMMING PROGRAM Ref000401 ( WARD 2) Councilmember Benham requested information regarding the feasibility of an upcoming competitive swimming program this summer. Staff is reviewing the feasibility of the upcoming summer competitive swim Program in relation to the current budget situation by using the following points: · Adjustment of fees · Elimination of any unnecessary program costs · Reduction in the number of program locations A detailed memo regarding the feasibility of conducting a summer competitive swim program will follow. C:\Documents and Settings~sforsyth~Local Settings\Temp\Ref000401 .doc March 20, 2003 (2:04PM) MEMORANDUM (~ ~.,~c,"'~j March 20, 2003 TO: Honorable Mayor and City Council ¢y¢~.~ FROM: Donna L. Kunz, Economic and Community Development Director SUBJECT: Council referral to Budget and Finance Committee to review underwriting guidelines used by EDCD for considering CDBG funded economic development assistance loans. Councilmember Carson referred a request to the Budget and Finance Committee to review the underwriting guidelines used by EDCD in considering CDBG economic develoPment loans. Last year, the City Council set aside approximately $740,000 of CDBG funds for the purpose of economic development activity - loans for businesses expanding or locating in the Southeast. Staff sent out hundreds of letters to business owners and business tenants located in the Southeast informing them of the CDBG loan program. As a result of the mailing, a few businesses contacted EDCD indicating an interest in the program and were then sent a CDBG loan application, a copy of our loan policy and guidelines and an information letter explaining the program and the prevailing wage issues associated with SB975. Staff received a few telephone inquiries and one completed application from the Housing Authority. The Housing Authority application is for a new commercial development proposed on East California. This single request if approved would deplete the entire loan fund. Staff is working with the Housing Authority to try to identify alternative funding. The complexities of the CDBG program requirements and the SB975 legislative requirements have made it extremely difficult for staff to attract and process loan requests for construction and rehabilitation assistance from small business owners. It has been suggested from a few small business owners in the Southeast, that the City change some of its policies concerning the CDBG loan program to encourage more applicants. From these comments, staff derived a list of policy ideas still within the framework of the HUD guidelines for the Budget and Finance Committee to consider. These suggestions included: 1.) Allow the loans to be forgiven after 5 years 2.) Lighten up the collateral and underwriting policies, allow collateral other than real estate. 3.) Allow more than 10%-30% of public funds be available to the project. S:\DEBBIE'S\B & F memo ED loan policyl.doc HUD provides local jurisdictions recommended economic development underwriting guidelines and allows the local jurisdiction to establish its own policies. Staff informed the Committee that creatively structured development loans for qualified small business applicants for such things as capital equipment, required public improvements and required public parking issues for their projects can still be done without triggering SB975 requirements on the entire project. Staff also informed the Committee that larger redevelopment and economic development projects typically have multiple sources of public and private financing involved and therefore are assumed SB975 compliant. The CDBG economic development lending guidelines were originally prepared by staff from the recommended basic HUD economic development underwriting guidelines. The policy underwriting change suggestions were discussed by the Budget and Finance Committee on March 17th, and after a lengthy review, the Committee unanimously approved keeping the current loan policy and guidelines in place. In order to help small businesses in the Southeast through the loan process and to assist small business owners with their business and finance planning, EDCD obtained a special grant from PG&E last fall to provide business training and counseling. This contract with the Small Business Development Center has been in place approximately five months. The Small Business Development Center currently conducts bi-monthly workshops in locations in the Southeast and is also available for individual business counseling. The workshops are noticed in the Bakersfield Californian each month. Businesses desiring assistance with their CDBG loan applications and financial planning have also been referred by staff to the Small Business Development Center for individual counseling. S:\DEBBIE'S\B & F memo ED loan policy'l.doc B A K E R S F I E L D OFFICE OF THE CITY MANAGER MEMORANDUM March 19, 2003 TO: Alan Tandy, City Manager FROM: ~an Christensen, Assistant City Manager SUBJECT: Curbside Recycling Expansion Citizen Letters Council Referral #000405 Staff was directed to respond to letters from citizens regarding curbside recycling expansion in neighborhoods. Staff responded to each of the citizens who wrote in with their opinion on the subject. The response is attached. Attachment From: Alan Christensen To: Subject: Curbside Recycling Thank you for your interest in the City's pilot recycling program. At their meeting on March 26th, 7 pm at City Hall, the City Council will consider whether to expand the recycling program city-wide. City staff recommends the program be expanded city-wide. You are welcome to attend that meeting to voice your support if you so choose. Your email in support of the program will be included in the information provided to the Council on this matter. The pilot recycling program is scheduled to end.on March 30th. For the program to be offered city-wide, time is needed to prepare plans and details for implementation, so city staff is recommending extending the pilot program until June 30, 2003. If approved by the Council, staff is recommending a fee of $6.25 per month for the city wide program scheduled to be implemented July 1, 2003. Attached is a copy of the administrative report sent to the City Council if you desire more details on the proposed program. Alan Christensen Assistant City Manager 2 1 2003 B A K E R S F I E L D CITY OF BAKERSFIELD MEMORANDUM March 17, 2003 TO: ALAN TANDY, CITY MANAGER FROM: RAUL M. ROJAS, PUBLIC WORKS DIRECTOR ~ SUBJECT: PATTON AND HAGEMAN TRAFFIC SIGNAL UPDATE Council Referral #000408 Councilmember Couch requested an update on the Patton Way and Hageman traffic signal. Funding for this project will be appropriated at the March 26, 2003, Council Meeting. Signal poles and equipment will then be ordered. The signal poles contract has a two month delivery schedule. This signal project will be combined with the Calloway Drive at Olive Drive signal project. As staff has completed the preparation of the contract documents for both signal projects, this combining will not delay either project. The following schedule has been established for the project: Advertise for bids April 2, 2003 Receive Bids April 16, 2003 Award Construction Contract May 14, 2003 Start Construction early June, 2003 Complete Construction August 1,2003 G:\GROUPDATXReferralsX2003\CC Mtg 03-12X408 - Traffic.doc B A K E R S F I E L D MEMORANDUM TO: ALAN TANDY, CITY MANAGER /,'~/ FROM: JACK HARDISTY, DEVELOPMENT SERVICES DIRECTS. DATE: March 19, 2003 SUBJECT: ECONOMIC ANALYSIS OF DEVELOPMENT PROJECTS Council Referral No. REF000376 COUNCILMEMBER MAGGARD REQUESTED STAFF CLEARLY DELINEATE WHAT VENUE THE ECONOMIC ANALYSIS OF A DEVELOPMENT PROJECT IS PUBLICLY CONSIDERED AND PROVIDE RESPONSE TO MR. GROVES. The short answer is that the Planning Commission and/or City Council could be appropriate venues for the public's presentation of evidence of economic impacts/benefits. However, by statute economic and social effects are not to be considered significant effects on the environment unless they contribute to physical impacts or are caused by physical impacts of a proposed project. Planning and zoning law does not preclude the evaluation of economic and social effects of land use decisions as long as the city's actions meet constitutional principles of due process, are reasonable, non-discriminatory and not arbitrary or capricious. The application of this authority is typically through adopted ordinances or policies. However, it can be applied during a projects public hearing. During the review of the environmental document or review of a proposed project significant new information may be presented. If it is environmental CEQA prescribes how it is to be handled. If it is not environmental, decision makers have discretion subject to the appropriate exercise of police powers in accordance with State Law to the extent they deem it to be relevant. Preparation of an economic impact study to support an action on a land use decision could be appropriate as part of the review of the land use decision rather than the environmental review. The courts have held that regulations affecting economic interests are an appropriate use of police powers. Requiring an economic impact study for a project on a case by case basis would have to be founded on a convincing argument that the requirement is based on significant new information and that the issue is unique to the project. Alan Tandy, City Manager March 19, 2003 Page 2 Discussions of social or economic effects of land use decisions usually surface when it is perceived that a development project may have an effect on existing land uses or introduce a change in people's circumstances. Typically they surface during adequacy hearings on EIR's or during hearings on general plan amendments and zone changes. When proposed as part of an EIR, the California Environmental Quality Act (CEQA) governs the discussion. When proposed as part of land use or zone change considerations planning and zoning laws govern the discussion. CEQA states that, "Economic or social effects of a project shall not be treated as significant effects on the environment." That is because CEQA is primarily concerned with mitigating significant physical impacts on the environment. California Planning and Zoning Law give cities the authority to develop regulations applicable to development projects that reflect local concerns, consistent with relevant statutes in the California Government Code. Some of planning and zoning laws are codified in the California Government Code, while others are contained in court decisions. During the review of the Panama Lane/Highway 99, and Gosford Road/Harris Road GPA and zone change, Councilmember Benham expressed concern about acting on the projects without an economic impact analysis. She was interested in reviewing an evaluation of job creation versus job loss, potential blight resulting from possible business closures, potential net loss or gain in sales tax revenue and potential market saturation above what our local economy could handle. With the exception of the potential for creating blight, none of these items would be considered significant environmental impacts under CEQA. Blight characterizes an area wherein physical and/or economic conditions inhibit development. Conditions are usually at a point where redevelopment is required to reverse the trend. These areas sometimes become redevelopment project areas as defined under California law. The conditions that contribute to physical and economic blight are described in Table A. Alan Tandy, City Manager March 19, 2003 Page 3 Table A PHYSICAL BLIGHT 33031. Ia) This subdivision describes physical conditions that cause blight: 1, Buildings in which it is unsafe or unhealthy for persons to live or work. These conditions can be caused by serious building code violations, dilapidation and deterioration, defective design or physical construction, faulty or inadequate utilities, or other similar factors. 2. Factors that prevent or substantially hinder the economically viable use or capacity of buildings or lots. This condition can be caused by a substandard design, inadequate size given present standards and market conditions, lack of parking, or other similar factors. 3. Adjacent or nearby uses that are incompatible with each other and which prevent the economic development of those parcels or other portions of the project area. 4. The existence of subdivided lots of irregular form and shape and inadequate size for proper usefulness and development that are in multiple ownership. ECONOMIC BLIGHT 33031. (b) This subdivision describes economic conditions that cause blight: 1. Depreciated or stagnant property values or impaired investments, including, but not necessarily limited to, those properties containing hazardous wastes that require the use of agency authority as specified in Article 12.5 (commencing with Section 33459). 2. Abnormally high business vacancies, abnormally Iow lease rates, high turnover rates, abandoned buildings, or excessive vacant lots within an area developed for urban use and served by utilities. 3. A lack of necessary commercial facilities that are normally found in neighborhoods, including grocery stores, drug stores, and banks and other lending institutions. 4. Residential overcrowding or an excess of bars, liquor stores, or other businesses that cater exclusively to adults, that has led to problems of public safety and welfare. 5. A high crime rate that constitutes a serious threat to the public safety and welfare. Note: Sections refer to California Health and Safety Code. Alan Tandy, City Manager March 19, 2003 Page 4 The more generalized use of blight is one that characterizes vacant buildings in dispersed locations as creating blight. CEQA may consider project impacts that would impede redevelopment activities within designated project areas as potentially significant but would not consider the existence of vacant buildings in dispersed locations as having a potentially significant environmental impact. However, land use and zoning ordinances and policies could address vacant buildings as a policy issue subject to the appropriate exercise of the City's police powers. Under California Planning Law, general plan amendments afford decision makers more discretion which can be applied when considering whether to approve or deny a project. As project review moves closer to issuance of a building permit and emanates from entitlements granted based on zoning and general plan consistency, less discretion can be applied to a decision to deny or approve a project. Thus the need for ordinances and policies by which the projects would be judged to be in place prior to acting on a case to provide the legal basis for denying or conditioning a project. The City's current policies and practices are supportive of economic development by encouraging the establishment of new businesses while requiring them to mitigate or pay for their impacts on public services and comply with development standards adopted by the City to assure the quality of development expected here. JH:djl P:\CCReferral\Ref000376.doc CC: Rhonda Smiley, Office Administrator/Public Relations B A K E R S F I E L D i !tI 2 0 200 '. S]TY l'~£/%!."V.::-,r!,-'~:' · · TO: ALAN TANDY, CITY MANAGER FROM: WILLIAM C. DESCARY, CITY TREASURER ~~ DATE: March 20, 2003 SUBJECT: Fireworks Booth Permit for Mr. Gonzales Council Referral No. WF000398 (Ward 7) Councilmember Salvaggio requested that staff contact Mr. Gonzales regarding the ] status of his request for a fireworks permit. I Staff has left three voice mail messages for Mr. Gonzales to call and discuss his request for a permanent fireworks booth permit. The message also suggested that if Mr. Gonzales desired, a meeting could be arranged. The background of his request is that in March 2002 Marylin Hjertstedt, pastor of Full Gospel Revival Center, applied to renew their fireworks booth permit. However, their non-profit status could not be verified on the California Secretary of State's web site which is the way non-profit status is verified. Non-profit status is one of the requirements to be issued a permit. Subsequently, Mr. Gonzales came in to explain that Full Gospel Revival Center had "merged" with his church, Bakersfield Community Church. Documentation of the merger was requested but none could be provided. Some members attending another church does not constitute a "merger". Since permits cannot be transferred from one organization to another, the application was not processed and the permit was made available to those in the drawing. The drawing process was explained to Mr. Gonzales. It was determined that Bakersfield Community Church qualified to be in the drawing and applications were submitted. They were successful in the drawing and were issued a permit for July 2002. Like other drawing groups, they need to file applications during March 2003 in order to be in the April 2003 drawing. Staff will continue to attempt to contact Mr. Gonzales and give a follow up report to the City Council concerning this effort. If we have not reached him by Friday, we will send a letter asking him to contact us so his concerns can be discussed. S:\KIMG\REFERRALS\MEMO - REFRESP030320.DOC B A K E R S F I E L D TO: ALAN TANDY, CITY MANAGER //' FROM: JACK HARDISTY, DEVELOPMENT SERVICES DIRF~TOR~~;7' DATE: March 18, 2003 SUBJECT: 4101 MING AVENUE / CODE VIOLATIONS AT BUILDING SQUARE Council referral No. Ref000407 (Ward 6) Councilmember Sullivan requested staff enforce the code violations such as trash and debris, parking and advertisement of vehicle sales at the old Builder's Square Building on Ming Avenue. On March 17, 2003 Code Enforcement Officer David Paquette insPected the property at 4101 Ming Avenue for a complaint of trash and debris, parking and advertisement of vehicle sales at the old Builder's Square Building. He issued three parking citations for vehicles parked for sale. Officer Paquette saw three commercial vehicles and/or trailers parked on the lot. There were no violations of City ordinances relating to the commercial vehicles. He spoke to two property owners who complained about the parking lot being used as a "truck stop, and provided them with information regarding posting requirements and their authority to have the vehicles impounded off of private property. Officer Paquette found overgrown weeds and vegetation, discarded junk, trash and debris throughout the back of the property. The primary trash problem appeared to be to the rear of an existing furniture and appliance business west of 4101 Ming Avenue, which is in the same complex. The business complained the trash containers provided by the owner were not large enough for the amount of trash the business generates. They also complained of on-going problems with transients going through the containers and throwing the trash on the ground. Officer Paquette issued the business a correction notice to clean up the trash and remove overgrown weeds adjacent to the business. He spoke with the property owner in Lakewood, Ca. and the local property manager about the trash containers. The manager agreed to provide larger containers, based on the businesses' specifications, with locks to discourage people from rummaging through the containers. Officer Paquette requested "No Dumping" signs be posted to the rear of the buildings. He mailed 7-day abatement notices to all property owners. The owners of the property have until March 25, 2003 to correct the violations. If the violations have not been corrected by that date, an abatement hearing will be scheduled per our adminastrative process.