Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
05/23/03
B 'A K"E R S F I E L D CITY MANAGER'S OFFICE MEMORANDUM May 23, 2003 TO: Honorable Mayor and City Council FROM: Alan Tandy, City Manager /~ 7-~ SUBJECT: General Information 1. The CTC funded the White Lane sound wall and off ramp. Congratulations to Councilmember Salvaggio. All property acquisitions for our portion have been completed and an item to move forward on that is on your next agenda. We expect to be out to bid by the end of next week on our portion of the interchange. We should receive our Encroachment Permit by next week for the White Lane construction. Regarding Phase 2, which is the SR 99 southbound auxiliary lane from the Planz Road overcrossing to White Lane, Don Anderson is working on the property acquisitions with Caltrans. This is a Caltrans project and will follow their procedures. Caitrans staff have told staff they expect to be out to bid by December or the first of 2004. A project update from Public Works' is enclosed with details on the White Lane project, as well as new information regarding parcels at Brimhalll and Coffee Roads for the Westside Parkway, and the Mohawk Grade Separation. 2. The Baker Street Charrette turned out very well. Staff got a great deal of useful information to start developing the strategy for the neighborhood. A report from EDCD is enclosed for your information. Congratulations to Councilmember Benham and the EDCD staff who participated and contributed to the success of the two-day session. ' 3. We are digging out and trying to supplement the Council meeting streamlining ideas that were worked on about two years ago. With the rapid increase in the number of General Plan amendments, growth related issues, budget items, and generally greater workloads, our meetings have gotten longer and longer. Some ideas and an action plan will follow shortly. As an interim step, my office was given authority to restructure the agenda to make meetings more efficient during the last streamlining effort. You will see a shift of some traditional 7:00 p.m. items to the 5:15 p.m. meeting on your next agenda. Honorable Mayor and City Council May 23, 2OO3 Page 2 4. The Swedish version of the variable depth pool costs $608,260. You may remember that the version that costs $463,000 initially had no way to clean under the floor. That has now been modified to include a trap door for a diver, but the $463,000 version has no outdoor applications and does not guarantee the diver could get to all of the mechanical areas. The fundraising group is polling some of their leaders, but it is possible, given the research, that they will drop the variable depth. A separate item they are willing to pay for is on your agenda - lengthening the warm up lanes in the play pool. 5. A letter to Liberty Ambulance detailing my decision on their application to provide non-emergency services is enclosed. I think the reasons given in the letter are self explanatory. There is a ten-day appeal period. If appealed, it goes to the City Council. 6. Responses to the questions that were posed at the May 14th Council workshop and the May 19th budget session are enclosed. 7. It appears that one of our budget cuts, the citywide distribution of the Recreation brochures, has, not unexpectedly, hurt program registrations. A memo from Stan Ford is enclosed. Perhaps with other forms of information dissemination, the registrations will get closer to their past levels. 8. A status report from EDCD regarding the southeast projects is enclosed. 9. In response to a referral from Vice-Mayor Couch, we will attempt to get the necessary work done so that the workshop at the Council meeting on June 25th can be used to update the Council goals. 10. Assistant City Manager Alan Christensen was a delegate at the League meeting on May 15th to consider a resolution supporting some State cuts to cities as part of a larger package that is aimed at protecting future local revenues and services. His report and a copy of the resolution that was adopted are attached. 11. An article from the MaY 20th Los Angeles Times is enclosed regarding the State budget issues. 12. The California Department of Housing and Community Development has reviewed the City's housing element that was adopted in January. According to their enclosed correspondence, the element is in compliance with State housing laws. 13. An update from Recreation and Parks on the status of Proposition 40 funding from the State is enclosed. 14. The Bakersfield Foundation made $5,000 by overseeing the public skating at Centennial Garden this year. It is being transferred to the construction account for the ice rink to supplement the contingency account for that project. Honorable Mayor and City Council May 23, 2003 Page 3 15. Responses to Councilmember requests are enclosed: Councilmember Maggard · Preliminary information regarding traffic controls at Columbus and Christmas Tree Lane and feasibility of installing street lights on Panorama at the end of Panorama Park; Councilmember Couch · Status report on providing information regarding remote control railroad operations; Councilmember Sullivan · Feasibility of placing trash receptacles at all bus stops. AT:rs cc: Department Heads Pam McCarthy, City Clerk Trudy Slater, Administrative Analyst B A K E R S F I E L ~v ..... ~-~ ...... CITY OF BAKERSFIELD MEMORANDUM May 23, 2003 TO: ~...ALAN TANDY, CITY MANAGER The California Transportation Commission (CTC) yesterday approved the allocation of $750,000 for the sound wall adjacent to the Smoke Tree Mobile Home residential area. This wall was a mitigation measure for, and is included as part of, the expansion of the White Lane interchange at State Route 99 (SR 99). Engineering staff is in Fresno today picking up the final, signed plans approved by Caltrans for the project. The project will advertise for bidding late next week. Staff has also been informed that Caltrans is proposing in their FY 2003-2004 Plan for the State Highway Operations and Protection Program (SHOPP) that $2,435,000 be allocated for the southbound SR99 auxiliary lane for the White Lane off ramp. The SHOPP Allocation Plan goes to the CTC next month for approval. If approved, Caltrans anticipates having this project advertise for bidding this coming December. Also yesterday, the CTC approved the transfer to the City of the 5 parcels at Brimhall Road and Coffee Road that Caltrans previously purchased for the former Kern River Freeway. These parcels will now be used for the Westside Parkway. Finally, staff has received word that an allocation of $5,000,000 has been approved by Caltrans for the Mohawk Street Separation of Grade. You may recall, this crossing was nominated and an application submitted by the City and the Separation of Grade District in late March. This grade separation is a part of the Mohawk Street extension between Truxtun Avenue and Rosedale Highway, and the Mohawk extension itself is part of the Westside Parkway project. Construction of Mohawk is currently planned for 2005. S:VI'E D~2003 memos\O52203at.nlem.doc B A K E R S F I E L D Economic and Community Development Department MEMORANDUM May 20, 2003 TO: Alan Tandy, City Manager FROM: Donna L. Kunz, Economic Development Director SUBJECT: Baker Street Charrette The Baker Street Charrette was a success. About 80 people attended Friday night's kick-off session (more than was reported by some of the local media) and many of those returned for Saturday's full-day session. There was a broad array of participants, from long-time business owners and residents to new arrivals, all wanting to shape the future of Baker Street and take concrete steps towards making those visions a reality. On Friday evening the participants identified the assets, liabilities and opportunities on Baker Street in the context of existing market conditions. Consultants from MIG (Moore lacofano Goltsman, Inc.) led the lively discussion and created a visual interpretation of the comments on a 20 foot mural. On Saturday, small groups took walking tours of the Baker Street area beginning at 8:00 a.m. The groups were armed with maps and discussion guides to help identify specific areas for improvement. At mid-morning, the community began to sketch out what they saw and how future development along Baker Street could progress. During the afternoon, small groups shared their visions with everyone. Throughout the process, proceedings were translated into Spanish using state-of-the-art equipment for real-time interpretation, allowing Spanish-speaking participants to hear the translation through headsets. Councilmember Benham was in attendance for the entire event, and Councilmember Maggard and State Senator Florez attended on Saturday. The Charrette was the first step in developing a Baker Street Economic Development Strategy. Staff and consultants will now focus on strategies to improve specific sites along Baker Street. These refined designs will be discussed during a second community forum on June 26th. Based on community feedback, the strategies will be further refined and synthesized into an economic development strategy. Community members will be invited back to provide feedback on the final recommendations during a third forum on July 23rd. Both meetings will be held at the Center for the Blind and Visually Impaired, 1124 Baker Street, from 7:00 - 9:00 p.m. Funding for this project comes from a grant from the Sustainable Communities Grant and Loan Program of the California Pollution Control Financing Authority. dl:~P:~EDCD-CharretteMemo-051903.doc B A K E R,S F I E L D Alan Tandy · City Manager May 22, 2003 Peter W. Brandon, CEO Liberty Ambulance 1325 W. Ridgecrest Boulevard Ridgecrest, CA 93555 Dear Mr. Brandon; Liberty Ambulance has submitted an Application for a Certificate of Public Convenience and Necessity to operate non,emergency ambulance services in Bakersfield. A hearing was conducted on May 12th and 20th in accordance with the applicable sections of the Bakersfield Municipal Code. In addition, I have reviewed the application, supportive and opposition testimony, and related documents. Some members of the public have also forwarded recommendations. Further, I have consulted with the County EMS Director, Chief of Police, Fire Chief, and ASsistant City Manager in charge of ambulance liaison for the City on the matter of the application, as well as other political subdivisions in California. Based upon, and after due consideration of all the above, I find as follows: 1. That the application is complete and trutl~ful; 2. The applicant is financially responsible; 3. The applicant will conduct said project in an orderly, proper and lawful manner; 4. The applicant has not had a permit, issued in the past three years under this chapter, revoked; 5. Neither the applicant nor his listed partner, manager or principal of the business has been convicted of a crime substantially related to the qualifications, functions or duties of the business for which application is made; 6. That neither the applicant nor any manager of the business has done any act involving dishonesty, fraud or deceit with the intent to substantially benefit himself or another, or substantially injure another. 7. The applicant is adequately insured; 8. The applicant has satisfied the requirements of this chapter and has complied with all laws of the state and ordinances of the city applicable to the proposed business operation; 9. Each ambulance described in the application will be adequate and safe for the purposes for which it is to be used, is not more than five years old and it will be equipped as required by this chapter and the laws of the state; 10. The public convenience and necessity require the operation of such private ambulance business within the limits of the city; 11. That the applicant has a valid operational permit issued by Kern County. (Ord. 3638 § 5, 1995: prior code § 7.62.060) (See the opinion of Deputy City Attorney, Robert Sherfy, attached.) City of Bakersfield · City Manager's Office · 1501 Truxtun Avenue Bakersfield, California · 93301 (661) 326-3751 · Fax (661). 324-1850 Liberty Ambulance May 22, 2003 Page 2 12. That, for eight or nine years in Bakersfield's recent past, there were two competing firms' doing non-emergency transport and that system, while perhaps not perfect, worked effectively; 13. That many other cities in California, comparable in size and complexity to Bakersfield have multiple non-emergency ambulance transport providers and those systems work effectively; 14. That evidence has been submitted showing that there is pressure on ambulance providers relative to wait~periods at hospitals'.' There is' also a substantial rate increase that has been filed. Therefore, additional or alternative services may positively impact those circumstances. While testimony provided sharply contrasting views on whether that would be the case, or not, competition is the foundation of this nation's economy, and is a positive thing from a consumer standpoint; and 15. That Hall Ambulance has done an exceptionally fine job of providing service to Bakersfield, and that if a previous city manager had not approved a Certificate of Public Convenience and Necessity to them when the incumbent firm was protesting, they may not exist today and the valuable services they have provided the community may never have taken place. The parallels between the 1971 set of circumstances when Hall was approved, and Liberty's application today, while not identical, are substantial. Thers was a great deal of additional testimony, comment, speculation and input from both the proponent and opposition which I did not find to be as compelling as the above. . Therefore, I find that issuance of a Certificate of Public Convenience and Necessity to Liberty Ambulance for the purpose of providing non-emergency services to be in the public interest, and, accordingly, grant the Certificate. This decision may be appealed to the City Council within ten days of today's date by making written objection. Appeals should be submitted in writing to the City Clerk's office and must be accompanied by a $100 administrative fee. Council will hear the matter in accordance with the Bakersfield Municipal Code. Sincerely, //2 //ALAN TANDY Oity Manager~ Attachment cc: Hall Ambulance Honorable Mayor and City Council David Baumstark, Kern County E.M.S. Director Ron Fraze, Fire Chief Eric Matlock, Police Chief John W. Stinson, Assistant City Manager Pamela McCarthy, City Clerk ** ;~'i=.~.'* * M E M O R A N D U M ~'~ ~'~ -:~' '~ '- CITY ATrORNEY'S OFFICE ~ ~ FAX 852-2000 PHONE 326-3721 , . ', .......... May 9, 2008 TO: , ALAN TANDY, CITY MANAGER /-~)~ FROM: ROBERT M, SHERFY, ASSISTANT CITY ATTORNEY SUBJECT: AUTHORITY TO OPERATE GRANTED BY COUNTY AMBULANCE PERMITS Based on the county's points and authorities, and supporting declaration of Russell Blind, submitted in opposition to a motion for preliminary injunction brought by Golden .Empire Medical Transportation in the federal lawsuit entitled Golden Empire Medical Transportation v. County of Kern, there are three levels of ambulance service in the county: emergency, non-emergency ambulance, and non-emergency medical .- transport. A permit issued under the terms of the county ordinance, except in certain limited circumstances, authorizes emergency ambulance services only in the service area(s) for which the permit is issued. Those service areas were originally designated by the CHP. The service areas, however, do not pertain to non-emergency ambulance service. 'Anyone who possesses a permit to provide ambulance service may provide non-emergency ambulance service anywhere within Kern County. The primary difference between non-emergency and emergency ambulance service is that non-emergency service is limited to providing.transportation for pre- scheduled transfers of individuals that will need medical monitoring but not emergency medical treatment or emergency transportation, such as transferring a stable stroke patient from one hospital to another. Lastly, a company offering a gurney-van/medi-van service is one which transports individuals who do not require medical monitoring during transport and who are wheelchair bound or can only be transported on a gurney. A County-issued permit to perform this service is not necessary. RMS:dll cc: Bart J. Thiltgen, City Attorney S:'~Managet~MEMOS~Amb pe~t.doc FY 2003/04 BUDGET WORKSHOP QU ESTIONS/RESPONSES Date: Wednesday, May 147 2003 Workshop Presentation to Council Question Response Councilmember A response was requested regarding additional positions See attached memo. Mike Maggard for enterprise fund activities and the possibility of transferring existing personnel from the general fund to them and the possibility of loaning enterprise positions to perform general fund activities. 'B'::A...-..K E R :S F :I E.'L D OFFICE OF THE CITY MANAGER MEMORANDUM May 23, 2003 TO: Alan Tandy, City Manager FROM: john W. Stinso~ssistant City Manager SUBJECT: Question by Councilmember Maggard re. additional positions for enterprise fund activities and possibility of transferring existing personnel from the general fund to them and the possibility of loaning enterprise positions to perform general fund activities. At the budget presentation of May 14th' Councilmember Maggard asked about enterprise fund positions proposed to be added in the budget and the possibility of using existing employees to fill these positions. To the extent practical we have worked with employees and their bargaining representatives to transfer general fund employees to fill enterprise fund pOsition vacancies. Sometimes this may not be feasible due to certification or licensure requirements of a particular position, such as those positions in wastewater that require a state certification. Staff has been successful in facilitating these transfers and employees could in the future transfer back to positions in the general fund when budget circumstances improve. It is expected that the additional enterprise fund positions, if approved by Council, would be filled in a similar manner. Loaning enterprise funded positions to perform general fund activities is a more complicated proposition. First, most enterprise functions are intentionally organized as separate and distinct operations in order to be able to clearly account for and track costs associated with enterprise activities to facilitate cost recovery through user fees. It is important to the public that these cost centers be obviously separate and transparent to assure them that user charges are being used to support the intended services. Utilizing enterprise funded positions to perform general fund duties theoretically could be done but it would significantly blur the financial tracking of these costs, complicate budgeting and accounting systems, and make more difficult the planning and assignment of staff to perform such work. Accounting would have to be very carefully and accurately done since we are prohibited by law from providing any general fund work activities with enterprise fund resources. The general fund would still have to reimburse the enterprise fund for the general fund related work performed by enterprise fund personnel, so there would not be a cost savings to the general fund. S:\03-04Budpro\Response to Maggard Budget Question 5-14-03.doc There are times when staff from enterprise funds do assist and coordinate their activities with other general fund departments, this includes during emergencies such as storms and other major issues for the city such as neighborhood cleanups, etc. Such activities are typically related to their enterprise functions. There are' also concerns involving employee supervision since employees would most likely have different supervisors (sometimes in other departments say if a worker from the Streets Division of Public Works were to work in the Recreation and Parks Department) which could make training and supervision more complex and inconsistent. Several employee relations issues would have to be addressed including the potential for overtime, having to pay premium pay for working out of class or in a lead capacity. Work hours may also be different depending on where the employee is typically assigned and where they would be assigned to perform general fund related duties (they may be working shifts at a treatment plant and be asked to work a regular daytime schedule). Most importantly, enterprise functions are usually staffed based on the needed numbers of personnel to perform those important functions such as wastewater, refuse collection and agricultural and domestic water provision. Most positions in enterprise functions are specialized to some degree and do not have equivalent positions in general fund departments (such as a Wastewater Treatment Operator, Canal Tender or a Solid Waste Equipment Operator). Further, it is rare that there are slack periods of work in those functions where personnel providing these critical tasks would be available to perform work for other general fund functions. Therefore, staff would not recommend implementing such a practice on an ongoing basis. S:\03-04Budpro\Response to Maggard Budget Question 5-14-03.doc '- ................................ FY 2003~'0-4 BUDGET-WORKSH6P- .......................... QUESTIONS/RESPONSES Date: _Mondav, Mav 19, 2003 Department Presentations to Council Question Response Councilmember No. 1 . Does the FY 03-04 budget contain an increase See attached memo from the Risk Manager. Mike Maggard for the workers' compensation premium? If the need arises could the City increase the deductible to save money? (Alan Christensen) No. 2 How does the City normally receive See attached memo from the City Attorney. David Couch reimbursement for code .enforcement costs incurred by City staff to abate public nuisances? Requested a memorandum outlining ways to recover a greater portion of code enforcement costs. (Bart Thiltgen) No. 3 Can CDBG or redevelopment tax increment The Agency may contribute Redevelopment Irma Carson funds be used to relocate Fire Station No. 5? Funds toward construction of a fire station Can the funds be used to man a fire station? located near Casa Loma Drive and Lotus (Donna Kunz) Lane and toward facility improvements for fire stations located within the boundaries of the Southeast Redevelopment Project Area. - see memo CDBG funds may be used to construct a fire station in a qualifying Iow-income area and for equipment in the fire station. - see memo. CDBG funds may not be used to pay staffing costs for fire stations. - see memo Date: M__ondayl May 191 2003 Department Presentations to Council - continued Page Question Response Councilmember No. 4 When can workshops be scheduled on Council A workshop has been scheduled on Council David Couch Goals and on Fire Truck Equipment Goals for the Council meeting of June 25, Capabilities.'? 2003. (John W. Stinson) A~ workshop on Fire Truck Equipment Capabilities will be scheduled for a Council meeting in July 2003. QUESTION NO. 1 May 22, 2003 CONFIDENTIAL - PROTECTED BY ATTORNEY/CLIENT AND ATTORNEY WORK PRODUCT PRIVILEGES TO: ALAN CHRISTENSEN, ASSISTANT CITY MANAGER FROM: PAT FLAHERTY, RISK MANAGER SUBJECT: SELF INSURED RETENTIONS The City currently has a self insured retention (SIR) of $500,000 for both workers' compensation and liability exposures. This means the first $500,000 of any claim is paid by the City, directly out of the self insured fund. For any claims that exceed $500,000, the City is covered under a pooling arrangement with ACCEL, for liability claims, and CPEIA, for workers' compensation claims. Please note any claims that exceed our $500,000 self insured retention and are paid by one the pooling arrangements referenced above will result in higher premiums in following years. In other words, you end up paying for the cost of your claims in the long run. Our excess insurance policies expire June 30, 2003, so we will be renewing these policies soon. As we have discussed, insurance costs have been increasing dramatically for all lines of coverage recently. Please find an analysis below that outlines our current excess insurance costs, estimated costs for 03/04, claim history, and my recommendation for the City's SIR. Please note that costs are determined by a composite rate per $100,000 of payroll. WORKERS' COMPENSATION 02/03 Cost: $500,000 SIR; $154,969 03/04 Estimated Cost Options: $500,000 SIR: $252,506 $750,000 SIR: $179,585 $1,000,000 SIR: $149,246 Claim Historv- Claims over $500,000: Date of Injury Total C/aim 11/01/88 $1,077,161 3/25/94 $ 762,451 9/19/98 $2,196,193 4/20/00 $ 702,833 Recommendation: There are an additional eight claims with incurred costs over $250,000. Some of these claims may eventually end up over $500,000 due to the slow payout on workers' compensation claims. AB749 was also recently passed which is increasing the costs of our claims. And Iow back was recently added as a presumptive injury for police. Because of these increasing costs it is more likely that we will have claims in the future that exceed $500,000. Based on this information I suggest we stay with the $500,000 SIR for 03/04. If we chose a higher SIR, just one claim that goes over $500,000 would likely cost the City more than the premium savings. LIABILITY The City's current SIR for liability coverage is $500,000. It has not always been that Iow. From 1986 to 1994 the City's SIR was $1,000,000. As the insurance market softened and insurance became more affordable, the SIR was lowered to $500,000. 02/03 Cost: $500,000 SIR: $409,650 03/04 Estimated Cost Options: $500,000 SIR: Not Available $1,000,000 SIR: $480,852 $2,000,000 SIR: $182,840 Please note that in 02/03 the City's excess liability coverage cost $19,500,000, with the city retaining the first $500,000 of each claim. The cost options for 03/04 are only for $10,000,000 in insurance coverage. Because of this, additional insurance would still be required to provide for similar coverage to last year. I do not have an expected cost on this additional insurance, but it would be substantially less than the first $10,000,000 of coverage. Claim history - Claims Over $500,000: Date of Injury Total Claim 7/1/94 $2,859,997 9/21/98 $ 592,482 4/12/02 $8,000,000 -This is only an estimate as this claim is still pending. Recommendation: There are an additional nine claims with incurred costs over $250,000. A few of these claims are still open and they may end up exceeding $500,000. As settlement costs and jury verdicts are increasing, and there is a fairly good possibility of a claim exceeding $1,000,000, I suggest we select the $1,000,000 SIR for 03/04. Summary: There appears to be no dollar savings opportunities in workers' compensation coverage by adjusting the SIR. For liability coverage, the $500,000 SIR option is no longer available. Eliminating excess insurance coverage beyond the recommended SIR levels is not advised. Excess insurance coverage does not relieve us from paying the ultimate cost of claims. What it does do is "smooth" out our experience and helps avoid large spikes in insurance costs that could be financially devastating in a single year. CONFIDENTIAL - PROTECTED BY ATTORNEY/CLIENT AND ATTORNEY WORK PRODUCT PRIVILEGES MEMORANDUM ClTYATTORNEY'S OFFICE QI~S'~TOI~ ~O. 2 May 22, 2003 TO: ALAN TANDY, CITY MANAGER FROM: BART THILTGEN, CITY ATTORNEY~ SUBJECT: RECOVERY OF NUISANCE ABATEMENT COSTS Question: 'How does the City normally receive reimbursement for code enforcement costs incurred by City Staff to abate public nuisances? ' Answer: Code Enforcement Staff estimate the City normally places 99% of its nuisance abatement costs on the County tax rolls as an "assessment." The mechanism of a tax roll "assessment" in the amount of the cost of the abatement allows the County Tax Collector to collect and distribute these funds to the City. The authority for this procedure is found in Bakersfield Municipal Code Section 8.80.200. Because of tax collection laws, assessment recoveries may extend five or more years. Only a financial audit could answer the question of how much money in any year is actually ever recovered, how much is recovered as an "assessment" against the nuisance property and how much is compelled by the recordation of the nuisance abatement lien. Request: Identify ways to recover a greater portion of code enforcement costs. Answer: City staff believes it has in place now the best way of collecting as much of the costs as is reasonable to expect. The current system of collection focuses on recovery of costs from the value of the property. When the Council conducts an assessment hearing pursuant to BMC 8.80.160 the City is empowered to place its abatement costs and administrative charges directly on the tax roll for collection by the County Tax Collector. Assessment hearings also empower the City to record a nuisance abatement lien against the property at the Hall of Records so that in the event of sale of that property, the opportunity arises to collect costs from the sale proceeds. The advantage of this system is being able to establish a lien and assessment quicker than the tedious and time consuming procedures of suing the property owner. This system is believed to be the most direct and efficient way of collecting costs because it attaches directly to an asset of the property owner, and requires relatively little time to complete. Alan Tandy, City Manager May 22, 2003 Page Two The disadvantages of this system, which explains the City's shortfall, is that most of the abatements occur where property owners do not possess the "wherewithal" to maintain their property to City and State standards. The property becomes over burdened with liens. Even when the property is sold at tax sale auction, at times, insufficient money is recovered to pay off the City's lien. Alternatives: The Government Code also allows for judicial foreclosure of nuisance abatement liens (i.e. the City may sell the property to recover its money) provided it goes through the procedures for establishing a money judgment, i.e. commencement of a lawsuit. The commencement of a law suit is perceived as a "step" backward. Another method of collecting money in our legal system, not provided for in the Bakersfield Municipal Code, is to establish the existence of a debt by filing a lawsuit. After the City obtains a judgment for its nuisance abatement costs, it may record an Abstract of Judgment at the County Hall of Records. Recordation of the Abstract creates a "judgment lien" against al_l real property recorded in the name of the judgment debtor in this county rather than confined to just the nuisance property. A 'judgment lien' is effective for 10 years and may be renewed after the lapse of 10 years. Whenever any of the debtor's property is sold, or the judgment debtor attempts to buy real property in this county during the effective time of the judgment lien, the opportunity arises for the City to recover all or a part of its costs from the escrow for the sale of the property. (A judgment lien recorded before a purchase will have priority over a first trust deed. Most lenders will not lend if their trust deed is not first. This compels the buyer to 'satisfy' the judgment lien.) A judgment lien may also be judicially foreclosed and sold through the procedures for a sale on writ of execution. The advantage of this system is that the judgment lien attaches to anv property recorded in the name of the owner or bought by the owner rather than restricted to the "nuisance" property. If a person owns more than one property, it is most likely that the least potentially productive property will be the one constituting the nuisance and bear the larger number of liens against it while the most productive will bear the least number of liens. The disadvantages are the time and cost required to establish the debt and the liability that may occur if the judgment lien is foreclosed on any of the debtor's property. These procedures are time consuming and detailed, many times costing more than the amount of the recovery. Another likely outcome is that the City will become the owner of the property which makes it subject to liability for injuries and hazardous material clean up under CERCLA. So far, staff has recommended against this option. BJT:AMS:pah S:~Building\Code EnffCORR\Tandy0521 .doc ~~UESTION NO. 3 BAKERSFIELD Economic and Community Development Department MEMORANDUM May 20, 2003 TO: Alan Tandy, City Manager FROM: ~ Donna Kunz, Economic and Community Development Director SUBJECT: Question from Councilmember Carson concerning use of Redevelopment or CDBG funds to construct and man a fire station in the Southeast Project Area. Redevelopment Funds: According to the adopted Southeast Redevelopment Plan, the Agency may contribute funds towards the construction of a fire station facility to be located near Casa Loma Drive and Lotus Lane and may be used towards facility improvements to other fire stations located within the boundaries of the Southeast Redevelopment Project Area. CDBG Funds: A local jurisdiction may use CDBG funds to construct a fire station (public facility) in a qualifying Iow income area. Equipment for the station may also be purchased with CDBG funds - they are considered an integral part of the public facility and thus eligible. Redevelopment funds and CDBG funds may not be used to pay staffing costs for the fire facilities. C:~Documents and Settings\dhaynes. BAKERSFIELDkLoeal Settings\Temp\GWViewer\CDBGbudques.doc QUESTION NO. ~ D CITY MANAGER'S OFFICE MEMORANDUM May 20, 2003 TO: ALAN TANDY, CITY MANAGER ~,~ FROM: JOHN W. STINSOI~,,~,~SlSTANT CITY MANAGER SUBJECT: RESPONSE TO MAY 19, 2003 BUDGET PRESENTATION QUESTION NO. 4. Vice-Mayor Couch requested workshops be scheduled on Council Goals and on Fire Truck Equipment Capabilities. A workshop has been scheduled on Council Goals for the Council meeting of June 25, 2003. A workshop on Fire Truck Equipment Capabilities will be scheduled for a Council meeting in July 2003. cc: Honorable Mayor and City Council Darnell W. Haynes, Assistant to the City Manager S\03-04Budpro\RESPONSESQNo.4JWSMay19 B A K E R S F I E L D Department of Recreation and Parks Date: May 22, 2003 To: Alan Tandy, City Manager From: Stan Ford, Director of Recreation and Parks Subject: Recreation Program Registrations Historically, corresponding with the distribution of our summer program brochure, we experience a large volume of recreation program registration. This period typically begins around April 15 and continues for several weeks. This year there has been a noticeable drop off in program , registration. Staff believes this is primarily a result of the decision to discontinue the direct mailing of the brochure as part of the Phase I cost savings. In the case of the competitive swimming program, there is likely a slight secondary effect due to the initial cancellation and subsequent restructuring of the program. In previous years when the brochure was mailed, 90,000 copies were printed and distributed. Approximately 2,000 copies were available at department facilities for pick up. For the summer 2003 brochure, only 40,000 copies of brochure were printed. Staff anticipated the challenge of non-direct distribution and made arrangements to have the brochures inserted in a local parenting publication (30,000 copies) which reaches families and school children. We were also fortunate to have the support of Bright House Networks in advertising the availability of the brochure. By this date each year, we would typically be almost out of pick-up copies of the brochure. As of today, we have approximately 7,000 copies of the current brochure on hand. Staff is making arrangements to have the brochure available in other locations P:\registration drop.doc 1:49 PM such as city fire stations (thanks to Chief Fraze for his cooperation) and businesses such as grocery stores and realty offices. Despite our continuing effort, registration activity is substantially lower than previous years. For example: · In 2002, we processed 744 aquatic registrations on the first day of registration alone. Revenue that day totaled $23,369. This year, on the first day of registration, we took in $13,400. For the current month, we have 650 aquatic registrations. · During April 2002, there were 404 program registrations accepted at Silver Creek Community Center. For the same period this year we had 210 registrations. · The competitive swimming program had 385 participants in 2002. By this time last year, at least two of the teams were full (ie. 65 swimmers each). Currently, we have a total of 75 swimmers registered for the program. The largest team at this point is Silver Creek with 27 swimmers. · Registration for the Silver Creek summer camp is down approximately 50% from last year's activity during the same period. Staff reports that we have received numerous comments from residents who state that they did not receive a brochure. It is apparent to us that the public is used to receiving a brochure at their home. By contrast, despite a cooler and wetter spring than normal, park reservations are increasing. We generally expect that in tough economic times more people stay close to home and take advantage of public facilities like parks. In April 2002, we processed 134 park reservations and last month we did 200. In May last year, we had 93 reservations for the month compared to the first three weeks of this month when we already have 287. We will continue to explore other methods of distribution of the brochure and program promotion. However, we do not expect to be as successful with our programs as we were when we mailed the brochure directly to city residents. P:\registration drop.doc 1:49 PM Economic and Community Development Department MEMORANDUM May 22, 2003 TO: Alan Tandy, City Manager FROM: Donna L. Kunz, Economic Development Director SUBJECT: Status Report on S.E. Projects - $2 Million Brunda.qe Lane Street Improvement Project Funds in the amount of $325,000 (FY 2002-03 Amendment #4) of Section 108 funds for construction only were budgeted for street improvements. They include installation of median streetscape, sidewalk and street lighting improvements on Brundage Lane from Chester Avenue to Union Avenue. It is anticipated that HUD will approve the Section 108 loan application by early 2003 and loan documents for funding by June 2003. Design is scheduled to begin in June and be completed in September 2003. Construction is scheduled to start in December 2003 and be competed in February 2004. The PW Department is the lead agency. California Avenue Street Improvement Project Funds in the amount of $413,500 (FY 2002-03 Amendment ¢h~) of Section 108 funds for construction only were budgeted for street improvements. They include installation of median streetscape, sidewalk and street lighting improvements. The SectiOn 108 funds will be primarily targeted along California Avenue from Union Avenue to the railroad tracks - west of Washington Avenue. FY 00-01 CDBG funds in the amount of about $100,000 will be primarily targeted along California Avenue from Chester Avenue to Union Avenue for similar street improvements. It is anticipated that HUD will approve the Section 108 application for funding in early 2003 and loan documents for funding by June 2003. Design is scheduled to start in October 2003 and to be completed in February 2004. Construction is scheduled to start in May 2004 and to be completed in July 2004. The PW Department is the lead agency. S:\VZ\SE\FinalMaySEMemoTimeline.doc Lakeview Avenue Streetscape Project Funds in the amount of $219,185 (FY's 1996-9 7, 1998-99, 1999-00, 2000-01,2001-02 and 2002-03) of CDBG funds were budgeted for installation of streetscape improvements on Lakeview Avenue between East California Avenue and Virginia Avenue. Construction started in November and was completed, except for street light installation, on January 17, 2003. Street light installation was completed on March 26, 2003. The PW Department was the lead agency. Union Avenue Street Improvement Project Funds in the amount of $61,500 (FY 2002-03 Amendment #4) of Section 108 funds for construction only were budgeted for street improvements which include installation of median streetscape, sidewalk and street lighting improvements on Union Avenue from California Avenue to Belle Terrace. It is anticipated that HUD will approve the Section 108 loan application by early 2003 and loan documents for funding by June 2003. Design is scheduled to start May and to be completed in August 2003. Construction is scheduled to start in November 2003 and be completed in December 2003. The PW Department is the lead agency. East California Avenue Career Trainin_(I Facility Section 108 funds in the amount of $200,000 for design was budgeted to develop a career training facility on three acres of land owned by the Housing Authority of the County of Kern (HACK) located at east California Avenue and south Robinson Street. The facility wi'Il be comprised of a training center, childcare center, police satellite office and office/retail space. The total construction square footage is estimated at 22,600 square feet, with the training center occupying 18% of the total area. HACK, Golden Empire Affordable Housing, Inc., Fred Consulting, Grubb & Ellis, and a to- be-named architectural/engineering firm make up the development team. Development costs are estimated at $3.12 million. As the lead entity in the development team, HACK is arranging for private financing in the neighborhood of $2.5 million. They are currently applying for grants to make up the difference. S.E. Business Loan Fund A Statement of Interest letter was mailed last fall to over 400 business and property owners along four major commercial corridors in Southeast Bakersfield, where current and future streetscape improvements are being planned (i.e. Lakeview Ave., East California Ave., Brundage Lane and Union Avenue). The statement identified about $740,815 is available for qualified City economic development projects. The letter encouraged written submittal of potential commercial projects. The statement of interest reflected that the City may be able to assist them with gap financial loans using the set aside CDBG funds for economic development. To date, staff has received 10 written requests for financial assistance. Staff is in the process of contacting those requesting assistance to define their funding need and outlining the City's requirements in using CDBG funds. HACK has requested, and staff is considering, additional assistance for their East California Avenue Career Training Facility in the form of a $300,000 loan from the SE Business Loan Fund. EDCD is the lead agency for the business loan fund. S:\VZ\SE~FinalMaySEMemoTimeline.doc B A K-E R S F I E L D CITY MANAGER'S OFFICE MEMORANDUM TO: Honorable Mayor and City Council May 20, 2003 FROM: Alan Christensen, Assistant City Manager/~___~ SUBJECT: League of California Cities State-Resolution Relating to Local Fiscal Relations and State Budget Recovery Plan As an alternative delegate, I attended a League of California Cities Meeting on May 15th to consider a resolution wherein the League could support some state cuts to cities that occur as part of a larger package that protects local revenues and services. The resolution that was adopted is attached. I voted in favor of the resolution on behalf of the Mayor and City Council. The resolution authorizes the League directors to support a budget package that includes "contributions" of city funds if legislators commit that they will put a measure on the ballot to constitutionally protect communities from future raids on local funds. The resolution also provides that if "contributions" are made the League directors working with the Governor and the Legislature must require that a plan be in place to reimburse local tax funds the next fiscal year. A news article from the League is also attached summarizing the meeting. Priority Focus: California City Delegates Pass Resolution Page 1 of 2 Issue # icj - 2003 May 16, 2003 HOME OONTENTS Editor's Note May Revise Proposal Shows Progress California City Delegates Pass Resolution LecslaUve AcUon Days California City Delegates Pass Resolution Showcases LOCAL Cities Set Conditions for Their Support for Budget Recovery Package Coalition Strength, Carries Message That "Local Services Matter" Delegates from almost half of California's 477 cities voted today to support a resolution that sets conditions under which the League of California Cities could Strategic Planning support some state cuts to cities that occur as part of a larger package that protects Implementation a future local revenues and services. Disappointment to Local Agencies "The League and its coalition partners are fighting to defend the life-and-death local League Board. Refers services all Californians need: police, fire, health care, among others", said John AB 1221 Offer to Fiscal Reform Committee Russo, President of the League and Oakland's elected city attorney. "All Californians will suffer if the politicians in the Capitol keep stealing our local community funds to Local Government cover up their state budgetary mistakes." Association Leaders Ask Governor and Legislative Leadership The resolution passed by the city delegates was considered at an extraordinary To Focus on Budget meeting of the League's General Assembly, convened by the board of directors in an Phase II Storm Water action unprecedented in the League's 105-year history. Workshops Offered State and Local Fiscal The resolution authorizes the League board of directors to support a budget Relief Package included in Senate recovery package that includes "contributions" of city funds to the state, or support Federal Tax Cut Bill for temporary taxes to finance the state's debt, if legislators commit that they will put san Gabriel Valley City a measure on the ballot to constitutionally protect communities from future raids on Officials Testify at local funds. Special Senate Local Government Budget Hearing The draft resolution had been distributed to all cities several weeks prior to today's General Assembly. Several changes were proposed by delegates, and voted up or LOCAL Update down by a voice vote. The final vote was overwhelmingly in support of the resolution The Budget Story - with some amendments. Press Quotes Legislative Bill Action "At our meeting this afternoon, delegates from cities throughout the state basically Governor Announces set the ground rules that will guide League support for a balanced budget recovery ' Environmental and Economic Leadership package," said Ron Loveridge, Mayer of Riverside and First Vice President of the Awards Competition League. "The core issue is this," said Loveridge. "We have to stop the bleeding of our resources, and end the uncertainty about our own revenues. If the state wants our support, we in turn must be able to predict where our funds will come from, so we 'can plan for the future needs of our communities." http://www.imakenews.com/priorityfocus/e_article000151781.cfm 5/20/2003 Priority Focus: California City Delegates Pass Resolution Page 2 of 2 "We called for this special membership meeting because we believe that as elected representatives we have a special responsibility and a unique r°le to play in the state's budget crisis," said Pat Eklund, Mayor Pro Tem of Novato and the League's Second Vice President. "We're not self-appointed. The voters elected us with the expectation that we would represent their interests. We share a responsibility with legislators and the governor. "Our purpose in holding this meeting today is to fulfill that responsibility." Click on the following for a copy of the resolution in [ ~F I MSWord ] [PRINTER FRIENDLY VERSION] Published by League of California Cities E-I~AIL TO A COLLEAGUE Copyright © 2003 League of California Cities, All rights reserved. Powered by ilqakeNews.comTM http://www.imakenews.com/priorityfocus/e_arfi¢leO00151781 .cfm 5/20/2003 A RESOLUTION RELATING TO STATE-LOCAL FISCAL RELATIONS AND A STATE BUDGET RECOVERY PLAN Source: Board of Directors Recommendation to May 15, 2003 General Assembly: Approve as Amended. Action By May 15, 2003 General Assembly: Approve as Amended WHEREAS, the state of California faces an estimated budget deficit of $38 billion or more in FY 2002-03 and FY 2003-04 (combined), and in previous state budget crises the state has shown a disturbing willingness to balance its budget by taking traditional local tax revenues that fund vital community services; and WHEREAS, the current raid of local property tax dollars by the state (ERAF) will cost cities statewide $779 million in 2002-03, and, after payments to cities from state general fund programs and the Proposition 172 public safety sales tax are deducted, cities will provide $489 million in net subsidies to the state of California in 2002-03; and WHEREAS, the Governor's original budget proposal and many of the proposals by caucuses of the Senate and Assembly suggest that local governments make a "contribution" of increased local tax revenue to help solve the state budget crisis without imposing any restrictions on the ability of the legislature to raid local tax funds in the future; and WHEREAS, city officials support state leaders who chart a responsible and balanced course in addressing the state budget crisis and call on the Governor and other state leaders to ensure the state lives within its means and does not rely on vital local financial resources to balance the state budget; and WHEREAS, it is vital to the health of cities that the state continue to meet its constitutional obligation to adequately fund public education; and WHEREAS, it is critical that the state budget recovery plan include a proposal to the voters to constitutionally shield local general tax revenues that fund public safety, street maintenance, parks and libraries, and other vital services from state raids in the future; now, therefore, be it RESOLVED, by the General Assembly of the League of Califomia Cities assembled in a Special Meeting in Sacramento, May 15, 2003, that the Board of Directors may support a state budget recovery plan in substantial accordance with the following principles and guidelines: Section 1. League Support Conditional Upon Local Revenue Protection. (a) The support of the League of California Cities for any budget recovery plan that relies on increased "contributions" of city revenues or temporary taxes to reduce part of the budget deficit is expressly conditioned upon the submission by the legislature to the voters of a ballot measure at the earliest possible election, amending the state constitution to limit the ability of the legislature to take local government general tax revenues as described in subsection Co). Co) The proposed constitutional amendment shall limit the ability of the state to seize, take, shift, divert or otherwise reduce any property tax, sales tax, VLF (including VLF backfill) and all locally approved tax revenues of local governments unless: (1) the Governor declares a state fiscal emergency, and (2) the legislature approves such action by at least a two-thirds vote; and (3) the measure authorizing the seizure of the local tax funds provides for its full reimbursement in the next fiscal year. Section 2. Balanced Budget Recovery Plan. Any budget recovery plan shall be fiscally prudent and rely significantly on cuts to state general fund (SGF) expenditures while avoiding reliance on local tax revenues to finance the current deficit or future state spending. If the budget recovery plan also relies on the issuance of debt instruments or temporary taxes to finance part of the deficit over a period of years, strict limitations should be imposed on state general fund spending to prevent future state fiscal crises; provided, however, the state should give high priority to public safety programs. The voters should be asked to approve a prudent state general fund reserve requirement. Los Angeles Times: Lawmakers Warned on State Budget Page 1 of 3 trr sponsored by cme builder http://www.latimes.com/news/local/la-me-budget20may20,1,14871 .story?coll=la%2Dheadlines% 2Dcalifornia advertisement Lawmakers Warned on State Budget Controller says without a plan, government would shut down. Analyst cautions more action is needed. By Evan Halper and Jeffrey L. Rabin Times Staff Writers May 20, 2003 SACRAMENTO -- California Controller Steve Westly warned Monday that state government is likely to shut down if lawmakers take as long as they did last year to agree on a budget. Westly wrote to lawmakers that the state would mn out of cash in September and would not be able to get loans to continue operations into the fall. There would be consequences, Westly wrote, even if a budget is signed by the July 1 start of the next fiscal year: Some school and highway money would stop flowing, and vendors, contractors and legislative staffers would not get paid. Meanwhile, nonpartisan Legislative Analyst Elizabeth G. Hill cautioned lawmakers about Gov. Gray Davis' revised budget proposal released last week, saying it relies heavily on borrowing, contains shaky revenue assumptions and fails to address the state's fundamental problem. Unless government stops spending more money than it takes in, California will run a growing annual deficit even if Davis' budget wipes out the current projected $38.2-billion shortfall over the next 13 months. [eed]uildg As he prepared for a trip this week to meet investment bankers on Wall Street, Westly said an $11-billion loan he hopes to secure there -- the largest so-called Tile alla1:el' ~ "bridge" loan in Califomia government history -- would keep the state going a t~ fim~ a bett~i6b. couple of months past the July 1 deadline. Once the coffers run dry, the state might L be able to get a costly loan to keep things running for only a week or two more, he said. The letter was meant as a wake-up call to lawmakers, as the Legislature remains deadlocked over whether a budget should include new taxes. Democrats support the governor's call for $8 billion in new taxes on vehicles, sales, tobacco and the income of high earners. Republicans say they won't vote for another dime in new taxes. http://www.latimes.com/templates/misc/printstory.j sp?slug=la%2Dme%2Dbudget20may20... 5/20/2003 Los Angeles Times: Lawmakers Warned on State Budget Page 2 of 3 "The message here is we are running out of runway," Westly said in a teleconference with reporters. Come late August or September, he said, "we will have exhausted our credit opportunities. Wall Street has told us this." Last year, the budget was signed Sept. 5. Westly also warned that a recent court ruling means the state may not be able to make school payments until a budget is signed. Other money that would be cut off includes highway user taxes normally sent to local governments and payments to vendors and contractors. "I'm very alarmed," said Assembly Speaker Herb J. Wesson Jr. (D~Culver City). "I just don't know what kind of effect this has on the other side of the aisle." Republicans say they, too, are concerned and are ready to negotiate anything -- except a tax hike. As lawmakers straggle to reach a compromise budget that would avoid a government shutdown, analyst Hill wamed that the multibillion-dollar borrowing both parties are seeking to pay off the deficit would have serious consequences. "While borrowing does avoid some pain from cutting spending and raising taxes," Hill said, "there are out-year costs to pay off this debtFuture Legislatures will have relatively fewer options on the table and less flexibility." The most extensive borrowing proposal put on the table so far is in the governor's revised budget. It calls for borrowing $10.7 billion, to pay off a current year deficit, and backing that with a new half-cent sales tax. Republicans have said they would favor the borrowing only if it is done without requiring a new tax. Hill said the need to borrow money is probably "inevitable" at this point because of how long lawmakers have delayed in dealing with the shortfall. The budget gap was revealed in December. So far, lawmakers have approved about $7 billion in budget reductions through cuts, deferrals, loans and transfers. "The current year is going to end in about six weeks," she said. "There is not enough time to do all of the actions that would be required to bring the current year budget into balance." Hill acknowledged that California is not unique in the country in seeking loans to ease the pain of balancing a state budget, but she urged lawmakers not to sign off on a borrowing plan without bringing the state's financial structure back into balance in earnest. She also noted that when the $10.7-billion loan is added to other borrowing proposals in the governor's budget, borrowing accounts for $17 billion of the budget, or "over one-half of the total budget solutions proposed." The governor's plan would achieve a balance for next year only, thanks to a combination of loans and one-time spending deferrals. But an annual budget hole of $7 billion would begin to reemerge by July 2004. "We can't grow our way out of this," Hill said. "The economy cannot resolve the state's fiscal problems. It means that we have to take ongoing actions either with spending reductions or tax and revenue increases in order to close the gap." She warned that failure to deal with that "structural" problem in the budget could have consequences on Wall Street. The gdvernor, who has called on lawmakers to fix the imbalance after a spending plan is in place, http://www.latimes.com/templates/misc/printstory.j sp?slug=la%2Dme%2Dbudget20may20... 5/20/2003 Los Angeles Times: Lawmakers Warned on State Budget Page 3 of 3 welcomed the findings. "I couldn't agree more with the nonpartisan legislative analyst," he said. Wesson said Hill's concerns also resonated with lawmakers in the Assembly. "We have a real problem," he said. "It's unfair for us to burden future Legislatures, and if we were to go in and do our job I think we could address this." In her critique of the governor's revised budget, Hill also advised that even the balance it achieves in the coming fiscal year is "precarious." She said several hundred million dollars' wgrth of the governor's proposals would probably achieve less in savings than he has indicated. As an example, she cited the $680 million in proceeds that the Davis administration projects could be gained from renegotiating tribal gaming compacts. "The actual amount of receipts from these compacts could be considerably less," her report said. Administration officials have said they are confident that the governor's projections are not overly optimistic. Some dispute also remains over the actual size of the budget hole. Although Davis now projects a $38.2- billion gap, Hill said the number is closer to $29.5 billion. She said that's because the governor included some unnecessary spending in his budget and then also called for cutting that amount. Despite the large difference in the projections, Hill said, the administration and her office both agree on how much action needs to be taken. Times staff writer Nancy Vogel contributed to this report. If,~u want other stories on this topic, search the Archives at latimes.com/archives. Click here for article licensing and reprint options Copyright 2003 Los Angeles Times http://www.~atimes~c~m/temp~ates/misc/printst~ry.jsp?s~ug=~a%2Dme%2Dbudget2~may2~... 5/20/2003 STATE OF CALIFORNIA -BUSINESS. TRANSPORTATION. AND HOUSING AGENCY GRAY DAVIS. Governor DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT ~~ D~smn of Housing Policy Development 1800 Third Street, Suite 430 P. o. Box 952053 Sacramento, CA 94252-2053 ~,~..hcd. ca.gov (916) 323-3176 FAX: (916)327-2643 Mr. Alan Tandy, City Manager : ~'~-~--~ City of Bakersfield ' 1715 Chester Avenue Bakersfield, California 93301 Dear Mr. Tandy: RE: Review of the City of Bakersfield's A_dopted Housing Element Thank you for submitting Bakersfield's housing element adopted on January 29, 2003 and received · for our review on February 18, 2003. As you know, we are required to review adopted housing elements and report our findings to the locality pursuant to Government Code Section 65585(h). Telephone conversations with Mr. Marc Gauthier, Senior Planner, and Ms. Jean Laurin, the City's consultant, facilitated our review of the adopted housing element. Our December 6, 2002 review found the revised draft element met the statutory requirements. As the adopted housing element is substantially the same as the revised draft, we are pleased to find the 'element in compliance with State housing element law(Article 10.6 of the Government Code). .We commend the City for adopting a variety of programs to provide and maintain housing affordable to all economic segments of the population. Specifically, we would like to recognize Bakersfield's efforts to move lower-income rental households into home ownership through its homebuyer assistance programs, such as the Rural Gold program, and its successful housing rehabilitation and code enforcement programs. We also commend the City for implementing proactive developer incentives. These incentives, including the traffic impact fee rebate program and the "Team Bakersfield" program, help facilitate the development of affordable housing and ensure that all residents of Bakersfield have opportunities for safe and affordable housing. As indicated in our December 6, 2002 review, we remain concerned over the limited amount of land zoned R:3 and R-4. The City's adopted element indicfites the housing needs of lower-income households can be accommodated by the R-2 and Civic Center zoned densities. However, the City should continue to monitor the supply andaffordability of housing projects in these zones. If it does not appear sufficient development, commensurate with Bakersfield's regional need for lower-income households is occurring, the City should initiate zoning changes or develop incentives to further encourage the development ' of affordable multifamily rental and ownership housing. Promoting more compact development patterns will also allow Bakersfield to maximize land and infrastructure resources, and strengthen and revitalize its town center. We look forward to following the City's progress in meeting its goals through the City's annual general plan progress reports required pursuant to Government Code, Section 65400. Mr. Alan Tandy, City Manager Page 2 HCD recognizes Bakersfield for its leadership in developing a housing element that complies with State housing element law and effectively addresses existing and projected housing needs of the community. We wish you much success in meeting your housing and land-use goals. If we can be of assistance in implementing the element, please contact Paul Dirksen Jr., of our staff, at (916) 445-5307. In accordance with requests pursuant to the Public Records Act, we are forwarding copies of this letter to the persons and organizations listed below. Sincerely, Cathy E eswell Lthy E..(]~e~ Deputy Director cc: Brenda Gauthier, Senior Planner, City of Bakersfield George Gonzales, Community Development Director, City of Bakersfield Jean Laurin, Laurin & Associates Mark Stivers, Senate Committee on Housing & Community Development Suzanne Ambrose, Supervising Deputy Attorney General, AG's Office Terry Roberts, Governor's Office of Planning and Research Nick Cammarota, California Building Industry Association Marcia Salkin, California Association of Realtors Marc Brown, California Rural Legal Assistance Foundation Rob Weiner, California Coalition for Rural Housing John Douglas, AICP, Civic Solutions Deanna Kitamura, Western Center on Law and Poverty S. Lynn Martinez, W~stern Center on Law and Poverty Alexander Abbe, Law Firm of Richards, Watson & Gershon Michael G. Colantuono, Colantuono, Levin & Rozell, APC Ilene J. Jacobs, California Rural Legal Assistance, Inc. Joanna Nugent, Self-Help Enterprises E.J. Flynn, California Rural Legal Assistance Tania Dao, Greater Bakersfield Legal Assistance, Inc. David Booher, California Housing Council Sue Hestor, Attorney at Law Paul Campos, Home Builders Assoc. of Northern California Shannon Dodge, Non-Profit Housing Association of Northern California Eve Bach, Arc Ecology William Litt, Bay Area Legal Aid Allison Brooks, Livable Communities Initiative Charlie Carson, Home Builders Association - Northern Division 2_003 Department of Recreation and Parks Date: May 20, 2003 To: Alan Tandy, City Manager From: Stan Ford, Director of Recreation and Parks Subject: Proposition 40 Update The following is summary of the most recent update from the California Department of Parks and Recreation on Proposition 40. Per Capita Proqram: The procedural guide is being developed. The allocation for the program is proposed in the FY04 state budget. No costs may be incurred until after funds have been budgeted. The city of Bakersfield is scheduled to receive $1,021,000. This amount may be reduced from a population "overlap" with the North Bakersfield Recreation and Park District. Murray-Hayden (Urban Youth Services) Pro.qram: The public comment period on the draft procedural guidelines ends on May 27, 2003. This program is for capital projects such as parks, park facilities, environmental enhancement projects, youth centers, and environmental youth service centers that will employ neighborhood residents and at-risk youth. Urban Park Proqram: The public comment period on the draft procedural guidelines ends on May 27, 2003. This program funds the acquisition and development of parks, recreation areas, and facilities in densely populated neighborhoods with few or no parks and recreation facilities. Roberti-Z'Berq-Harris Proqram: This program is divided into three components: block grant, competitive funds for urbanized areas, and competitive funds for non-urbanized communities. The block grant funds are proposed in the FY04 state budget. No costs may P:\prop 40 update.doc 9:45 AM be incurred until after funds are budgeted. The city of Bakersfield is scheduled to receive $628,356 from the block grant funds. This amount may be reduced from a population "overlap" with the North Bakersfield Recreation and Park District. This program helps purchase new parklands, develop new recreational facilities, and rehabilitate existing parks and facilities. Procedural guidelines are currently being updated and public hearings have been scheduled. California Youth Soccer and Recreation Development Proqram: This program helps develop soccer, baseball, softball, and basketball facilities. Funding is to occur in a future state budget. A procedural guide will be developed that gives preference to communities that provide matching funds, are heavily populated, and are Iow-income urban areas with a high youth crime and unemployment rate. Staff continues to monitor updates from the state as they become available. We will forward any new or updated information when it becomes available. P:\prop 40 update.doc 9:45 AM B A K E R S F I E L -D ...... CITY OF BAKERSFIELD MEMORANDUM May 22, 2003 TO: ALAN TANDY, CITY MANAGER FROM: RAUL M. ROJAS, PUBLIC WORKS DIRECTOR // SUBJECT: COLUMBUS/CHRISTMAS TREE LN AND PANORAMA Council Referral #000465 Councilmember Maggard requested staff meet with him to discuss traffic controls at the intersection of Columbus and Christmas Tree Lane, and also the feasibility of installing street lights on Panorama at the end of Panorama Park. A meeting with Public Works staff to discuss available options for traffic control and warning signs or devices at the intersection of Columbus Street and Christmas Tree Lane will be set for Councilmember Maggard. Staff will present information on traffic studies for the intersection and available traffic control resources appropriate for this location. Staff has determined it is feasible to install street lights along the West Bluff cul-de-sac north of Panorama Drive. There are currently two street lights located along the westerly end of West Bluff, one street light on the north side of Panorama 330' west Of West Bluff, and one street light on the south side of Panorama approximately 100' east of West Bluff. If new lights were to be installed one consideration would be the concern of what the residence on the south side of Panorama Drive "might" have concerning new poles and overhead wires obstructing their view. The City can install a wood pole street light served by overhead wires for $1200.00 plus the monthly PG&E cost of approximately $100. Currently, the County is doing some major reconstruction of Panorama Park. They appear to be installing conduit and water lines along Panorama Drive. We've been told if any lighting is to be installed it will be in the future. G:\GROUPDAT\Referrals~2003\CC Mtg 05-14\465.doc B A K E R S F I E L D OFFICE OF THE CITY MANAGER MEMORANDUM May 22, 2003 TO: Alan Tandy, City Manager FROM: Trudy Slater, Administrative Analyst III ~ SUBJECT: Council Referral #000469, Remote Controlled Trains At the City Council meeting of May 14, 2003, Councilmember David Couch asked staff to contact Ms. Karen Brewer regarding important information pertaining to remote controlled trains. Staff from the Manager's Office as well as Public Works subsequently contacted Ms. Brewer regarding this issue. In my discussions with Ms. Brewer, she identified her continuing concerns about safety issues related to the use of remote control trains in the BNSF railroad yard, especially given the yard's central location in downtown Bakersfield close to the hospital, high school and others. This was in addition to her concern for safety within the yard due to the use of the trains. She indicated that a town hall meeting was held recently with the BNSF chief executive officer who meets with BNSF's approximately 36,000 employees over a two-year cycle. The remote controlled trains issue was one which was discussed during his visit. Ms. Brewer indicated new information she could provide would be relative to Contra Costa which had passed an ordinance. She will provide that information to me. She believes the Council already has the other information she has, receiving it back in February. Ms. Brewer also provided the name and telephone number for Mr. Tim Smith, the California State Legislative Representative for the Brotherhood of Locomotive Engineers. Mr. Smith can be reached at the toll free number of 1-800-864-6993 should Council have any questions for him. Ms. Brewer also provided an Internet website which has a wealth of information relating to remote controlled trains as well as numerous links to other sites. The website is: www.calslb.com. When the written information on Contra Costa arrives, I will forward it to the Council. P:\M0305221 -Brewer cc: Steve Walker, Traffic Engineer B A K E R S F I E L~:~ii~D~)-' CITY OF BAKERSFIELD MEMORANDUM May 22, 2003 TO: ALAN TANDY, CITY MANAGER FROM: RAUL M. ROJAS, PUBLIC WORKS DIRECTOR SUBJECT: REMOTE CONTROL RAILROAD Council Referral #000469 Councilmember Couch referred an e-mail from Karen Brewer regarding important information pertaining to remote control railroad. Staff to contact Ms. Brewer to obtain information for Council. Ms Brewer was contacted by the Traffic Engineer regarding her information on' remote control of freight train operations proposed by the railroad companies operating in Bakersfield. She will be delivering her information to the City Manager's Office in the next few days for distribution to the City Council. Ms Brewer's information pertains to safety problems associated with driverless remote control freight train operations and she is requesting the City of Bakersfield to support her effort to keep remote control freight train operations out of the City and out of Kern County. G:\GROUPDAT\Referrals~003\CC Mtg 05-14\469.doc B A K E R S F I E L D OFFICE OF THE CITY MANAGER MEMORANDUM May 20, 2003 TO: Alan Tandy, City Manager FROM: Trudy Slater, Administrative Analyst III SUBJECT: Council Referral #000466, Trash Receptacles (GET) At the City Council meeting of May 14, 2003; Councilmember Jacquie Sullivan asked staff to research the feasibility of placing trash receptacles at each bus stop, identify the costs, who would provide maintenance, and what types of receptacles could be used. I met with Mr. Chester Moland, General Manager for Golden Empire Transit (GET) on May 19. GET provides trash receptacles for its bus shelters (approximately 60 in the City) and for those bus stops by businesses or residents who have requested them. According to Mr. Moland, these receptacles are generally placed in bus stop areas close to fast food or convenience stores. GET currently provides trash receptacle services to several bus stop locations and has indicated it works with nearby owners/businesses if there is an issue regarding trash around one of its stop locations. According to Mr. Moland, there are approximately 1,600 bus stops in the City of Bakersfield. Whether or not a trash receptacle is needed depends on a number of issues such as heaviness of bus ridership and how often a bus stops at the location in addition to its placement in relation to types of nearby businesses. The City does not provide clean up for GET trash receptacles. City refuse service to residents is provided through the Solid Waste Division's enterprise fund which recovers the costs of these services through user charges. Bakersfield property owners and businesses pay for their refuse service through their property taxes or through commercial accounts with the City. There is no City funding mechanism currently in place to pay for either the costs of placing City trash receptacles at GET bus stations or the on-going maintenance and trash removal associated with them. If GET were to seek trash service for its bus stop receptacles through the City, Solid Waste would be happy to work with them to come up with a plan for GET's funding of the service. Reasonably durable trash receptacles range in price from approximately $300 each to $800 each (such as the trash receptacles provided in the Chester Avenue Streetscape maintenance district). The purchase of 1,600 such trash receptacles would cost from $480,000 to $1,280,000. The even greater expense, however, would be the cost of maintenance and clean up over time. P:\M0305201-TrashReceptacles