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Home My WebLink About07/03/03 B A K E R S F I E L D CITY MANAGER'S OFFICE MEMORANDUM July 3, 2003 TO: Honorable Mayor and City Council FROM: Alan Tandy, City Manager ~T'L,~./ f-'~s. SUBJECT: General Information 1. The entire animal control subject has been a most unusual set of circumstances. The big picture is this - due to the late notice, we had very little time to assume the animal control services. We had discussed with the SPCA a three month deal, which would have been a rapid, but fair, transition time. The ten days, or so, that we had was a remarkable challenge. City employees rose to the occasion and showed, even in these troubled budget times, how good they really are. The interdepartmental transition team got employees hired, brought equipment on board, phone lines and call-in protocols, a web page, and more. By the afternoon of July lS', we had sold licenses, picked up animals in the field, and had the shelter and field staff in place. We bought a truck from an auction. Experienced employees in animal control, with almost no notice, stepped forward to take voluntary transfers, leaving the familiarity of their usual jobs to help out in a pinch. By Tuesday, July 1st, we had a shelter agreement and, even if not perfect, a division functioning. Also impressive was the extreme cooperation from Kern County. They were quick, totally cooperative, and excellent to work with. Without the shelter agreement we would have had a much more difficult time. Their cooperation in this instance merits a serious study of merging the overall service. It was unfortunate that things did not work out with the SPCA. On the other hand, it has been a pleasure to work with so many creative and problem-solving City and County employees. Note, too, this time we did it without bureaucracy or red tape or the resultant time delays. We will clean up some paperwork (like having job descriptions for the people we hired) later. Lastly - it was all done with absolutely no cooperation from the SPCA. I mention that not to criticize them, but because it makes what our troops have done all the more impressive. Attached you will find the names of the employees on the transition team, the voluntary transfers, and some of those with the County who assisted. Later, we will do something more in the form of recognition. For now- thanks to all of them! A memo from Trudy Slater with more detail is enclosed in the packet. Honorable Mayor and City Council July 3, 2003 Page 2 2. In response to a Council inquiry, a memorandum from the City Attorney is enclosed outlining what would have to happen to establish an air quality mitigation fee. This matter has been referred to the Urban Development Committee. 3. We have entered into two contracts with the Little League baseball teams to lease field time at Mesa Marin, in exchange for donated field repairs. We are working on a contract with some additional teams along similar lines. These agreements will allow us to accelerate the reconditioning of the fields without General Fund costs and puts them to good use. 4. A position paper discussing ways of accelerating the widening of Highway 178 to four lanes is enclosed. It is the broad outline of a desired goal. : 5. Per discussion at the last Council meeting, a memo from the Finance Director " clarifying the new requirement for deposits on commercial refuse service is attached. I' 6. In response to a budget workshop request from Councilmember Benham, follow- :~ up information on possible grant funding to assist the Graffiti Removal Program is I enclosed. 7. On July 1s', the County Board of Supervisors voted to support the downtown location on Truxtun for the high speed rail station location. We would assume that vote would, effectively, end any substantive controversy on the matter. 8. ^ reminder that I will be on vacation all next week. John Stinson will fill in for me at the State of the City presentation on July 8'h and the Council meeting on July 9'h. The office will be able to contact me through Wednesday. I am also planning to take off again Monday, July 21s, through Thursday, July 24,h. 9. An article appeared in the Long Beach Press Telegram on June 17~h regarding the City of Long Beach's financial difficulties, stemming from spiraling insurance costs. It is a very similar situation to what we are facing here with our insurance increases. 10. EDCD staff has been in exploratory discussion with HUD on the possibility of increasing our Section 108 loan funding, as a result of the favorably Iow interest rates currently in effect. If approved, we could get up to an additional $500,000, which could be used for the spray parks at Jefferson and MLK pools, instead of having to delay those components. The payment 'previously approved by the Council would not increase, since the interest rates are so Iow. A memo from EDCD is enclosed. 11. There seems to be no apparent progress by the State on the budget situation and there are some indications that it is getting worse. ^ number of news articles are attached you to peruse. Honorable Mayor and City Council July 3, 2003 Page 3 One of the legislators who appeared at the Council meeting on June 25th has introduced legislation that would take half our sales tax, about $23 million and "sort of" replace it with property taxes that were first taken in the early 90's. An article from the July 2nd Sacramento Bee is enclosed, as well as two recent articles from the San Jose and Stockton newspapers on that topic. Two articles from the Los Angeles Times article are also enclosed on other problems that have resulted from the State budget situation - the challenge to the VLF increase, and that of State employees rejecting wage concessions to help the deficit. Finally, a July 2"d editorial article from the Sacramento Bee discusses the history behind the VLF tax and how the "trigger" came into being. 12. In mid-July, we will undertake a tree pruning project in the medians on Truxtun and California Avenues. Per the enclosed memo, the urban forester will issue a public announcement, so citizens will know the reason for the trimming. 13. EDCD's latest status report on southeast projects is enclosed for your information. 14. Responses to Council requests are enclosed, as follows: Councilmember Carson Scheduling informational presentations for southeast residents regarding The Mill project; Councilmember Benham · Clarification to citizen regarding City owned and privately owned parking lots; · Response to citizen inquiry regarding reductions in funding for non-profit agencies; · Information on the development of a workshop on traffic light synchronization; · Citizen concern regarding GET buses blocking traffic on Main Plaza; · Status on condition of call box on bike path in the Riviera Westchester area; Councilmember Maggard · Feasibility of utility companies being held accountable to clean graffiti from utility boxes; · Inquiry to PG&E regarding their possible assistance in putting a shoulder on a section of Panorama Drive; Councilmember Salvaggio · Review of the graffiti removal project on South H and Chester which caused a shadow on the wall. AT:rs cc: Department Heads Pam McCarthy, City Clerk Trudy Slater, Administrative Analyst I B A K E R S F I E L D OFFICE OF THE CITY 'MANAGER MEMORANDUM July 2, 2003 TO: Alan Tandy, City Manager d '~~;~' FROM: Trudy Slater, Administrative -SUBJECT: Animal Control Functions The morning of July 1, the County Board of Supervisors approved a short-term (90 day) contract to provide animal shelter services for the City of Bakersfield at the County animal care facility at 201 So. Mt. Vernon Avenue. News releases immediately announced the City's new Animal Control Services program and telephone numbers were provided for people to .call with questions or service requests. Shelter services are one component within the complex nature of animal control services. The City's new Animal Control Services program, Under the auspices of the Bakersfield Police Department, has taken over these complex set of functions. This ranges from the care and safety of our residents through the functions of animal control officers to animal shelter care functions for the animals that come into the shelter to the basic licensing of animals to ensure against rabies, a disease which is considered to be endemic in Kern County. Both City and County staff are working well together and personnel from both agencies are excited about the transition. The City currently has three animal control trucks available to patrol city streets and the officers to staff them. We are in the process, of identifying what is needed in other equipment and supplies. City workers are also providing shelter care at the County Shelter. Information Technology has been able to retrieve the data on city animal control licenses from the data base provided by the SPCA, and this information has been provided to County Animal Control to assist in developing combined metropolitan animal licensing information. This central data base is beneficial to not only to City and County administration but also to Bakersfield and Kern County residents searching for their lost animals. Numerous telephone calls have been placed to the City's new numbers as well as to the County Shelter. Many callers have asked for clarification, andthose needing assistance have generally been very supportive and understanding as we transition into animal control services. Within the new program are animal control officers, kennel assistants, and administrative staff members to handle operational and administrative functions. These include operational services related to animals (calls for assistance such as biting incidents, vicious, lost or stray dogs) and other investigative functions and animal care and tracking of City animals at the Alan Tandy Page 2 July 3, 2003 County Shelter. Also being provided is the more administrative end of providing animal control such as handling of calls for assistance in locating lost animals that may be at the Shelter, updating license information so that it is current, and license and renewal processing. The above are the more easily identified functions the City is providing relating to animal control services. There are many more to be listed as the complexity of animal control issues unfolds. Several county employees have been very instrumental in this success story. These include David Price, Resource Management Agency Director; Steve McCalley, Environmental Health Services Director; Matt Constantine, Animal Control Services Manager; Karen Geye, Environmental Health Services Business Manager; Karen Duke, Animal Shelter Supervisor; and Bruce Divelbiss, Deputy County Counsel. Without the assistance of these County employees, we would not now be in the position of having a short-term contract with the County which allows us to provide very important components of animal control services. Additionally, without their help, we would not be in a position to further explore the many possibilities and advantages of a longer-term City-County animal control relationship. City employees have been at the forefront of all that has been accomplished in this very compressed time frame. They have creatively addressed every issue that has arisen. They have volunteered, come up with solutions to seemingly impossible situations, and extended far beyond their traditional roles to meet the tasks before them. Almost every City department has in some way assisted in this effort, either centrally or peripherally. Members of the Transition Team and employees who have volunteered to fill in while more permanent solutions are found have demonstrated the high quality of our employees. These employees have exemplified the best traits of public service employees, and they are listed in alphabetical order: Vicki Avila, Allen Brown, Alan Christensen, Shane Denton, Bill Descary, Dennis Fidler, Carol Hayden, Patti Hock, Greg Klimko, Jack Leonard, Eric Matlock, Ernie Medina, David Paquette, Raul Rojas, Trudy Slater, Rhonda Smiley, Kevin Stokes, Bob Trammell, Brad Underwood and Darlene Wisham. Numerous others have assisted them. Many others have volunteered to help in the future: Harold Bond, Robin Boytis, Melissa Cejka, Joe Flores, Ron Gallardo, Bruce Haas, Martin Harrington, Gary Hatfield, Margie Johnson, Homer Kuo, Glenna McCombs, Tanya Nousch, Jean Parks, MaryAnne Richardson, Quincy Sloan, and Kellie Wollard. These numbers do not include the new hires and temporary employees who are also assisting in this effort. Without hesitation, our employees have tackled the seemingly impossible task of pulling together a very important Animal Control Services program in an incredibly short amount of time. More work is still ahead. Quality employees make things happen! P:~,~M0307031-Animal Control Transition O MEMORANDUM CITY ATTORNEY'S OFFICE July 3, 2003 TO: ALAN TANDY, CITY MANAGER FROM: BART J. THILTGEN, CITY ATFORNEY SUBJECT: AIR POLLUTION MITIGATION FEES- PROCEDURES During recent discussions, you requested a memorandum describing the legal requirements in the event an Air Pollution Mitigation Fee was proposed to be adopted by the City (or other agency representing a regional area). Basically, any such fee imposed as a condition of development must comply with the Mitigation Fee Act, enacted in Government Code sections 66000 et seq. Section 66001 provides the legal requirements the agency (City) must follow. These are summarized, as follows: 1) Identify the purpose of the fee; 2) Identify the use to which the fee is to be put. If the use is financing public facilities, the facilities shall be identified (can be identified in the Capital Improvement Plan, General or Specific Plan requirements, or other public documents identifying the public improvements); 3) Determine the reasonable relationship between the fee's use and the type of development project on which the fee is being imposed; 4)Determine the reasonable relationship between the need for the public facility and the type of development project; 5) Determine the reasonable relationship between the amount of the fee and the cost of the public facility (or portion of the public facility) attributable to the development. Section 66005 states, in pertinent part: "66005(a). When a local agency imposes any fee or exaction as a condition of approval of a proposed development ... or development project, those fees or exactions shall not exceed the estimated reasonable cost of providing the service or facility for which the fee or exaction is imposed." This section codifies the Nolan/Dolan cases that required a specific identifiable nexus between the amount of the fee (or property exaction) and the mitigation requirement prior to the governmental agency being able to collect such fee (or receive the property exaction). This provision would require a very extensive study to evaluate the types of facilities or projects to be funded, the costs of such projects, the impacts of I' ALAN TANDY, CITY MANAGER July 3, 2003 Page 2 different types of development projects on the need being addressed (air pollution, in this case), and the relationship between the impact of the type of development and the cost in order to establish the amount of the fee. Procedurally, the City would have to comply with Sections 66016 - 66018.5, which require a noticed public hearing (notice being mailed 14 days before the hearing), availability of all data and studies upon which the amount of the fee is based (and the facilities or projects for which the fee is to be used to fund), and a 60-day period prior to the new fee being effective. As in any type of Mitigation Act Fee, if the developer performs any of the facilities or projects identified, that developer would receive a credit to the Mitigation Fee in the amount of the reasonable cost to construct the facility or perform the project. Such activity would accomplish the identified projects, in lieu of the developer paying the fee. Many times, this is less expensive for the developer. However, as a caveat, when dealing with air pollution, current regulations of the San Joaquin Valley Air Pollution Control District could allow for a developer to be able to purchase "credits" from other industries which have exceeded the air pollution reduction requirements. These credits would be "brokered" through the SJVAPCD. As such, it is possible, without some other agreement, the purchasing of such "credits" could result in any City-established Air Pollution Mitigation Fee Fund having a short-fall of funding to perform the projects, or construct the identified public facilities. In other words, a developer in the City of Bakersfield could acquire credits from someone located in Stanislaus County (where the reduction has occurred) and the impact of the development is not mitigated in the City, nor does the City have the funds to implement mitigation programs. If you have any questions, or desire additional information, please do not hesitate to contact me. BJT:dll cc: Jack Hardisty, Development Services Director Stanley Grady, Planning Director Raul Rojas, Public Works Director Ginny Gennaro, Deputy City Attorney S:\Manager~MEMOS~,ir Pollution Mitigation Fee Procedures.doc B A K E R S F I E L D CITY OF BAKERSFIELD MEMORANDUM June 24, 2003 TO: ALAN TANDY, CITY MANAGER FROM: RAUL M. ROJAS, PUBLIC WORKS DIRECTOR ~/~,,_..__ SUBJECT: WIDENING OF HIGHWAY 178 Attached please find the revised update regarding the widening of Highway 178 based upon your comments. cc: Jack LaRochelle reading file G:\GROUPDAT~Jacques~003\widening 178 cover memo.doc WIDENING OF HIGHWAY 178 Mesa Marin to Rancheria Road PURPOSE AND NEED With the advent of the new water treatment plant soon to be complete in northeast Bakersfield, the number of development projects in the area has increased significantly. In addition to the "City in the Hills" project, a number of other residential developments have been recently approved or are in the process of being approved by the Planning Commission. Due to this development pressure, many groups have expressed concern over traffic congestion especially on Highway 178. Currently, Highway 178 is a two lane rural highway owned and operated by Caltrans. In its current state, Highway 178 could not handle the traffic demands placed upon it by this new development. The purpose of this paper is to develop a concept plan to finance and construct the necessary improvements along Highway 178 between Mesa Matin and Rancheria Road. The paper will include a description of what is proposed to be constructed, possible time lines for construction and potential financing mechanisms for construction. This information could then be used by policy makers to implement these improvements in a more logical manner rather than piece meal through the development process. PROPOSED IMPROVEMENTS State Route 178 in Northeast Bakersfield will be improved over a number of years. Short term, the existing highway section will be widened from is current two lane configuration to a four lane Caltrans arterial and ultimately to a six lane City arterial. Long term, a new freeway facility will be constructed along a new alignment beginning at Mesa Marin Raceway, running north of the existing SR 178 highway, easterly until it terminates at Alfred Harrell Highway and Old Walker Pass Road. This paper centers around implementation of the Short Term improvements to existing SR 178. Status and time frames for the Lon.q Term improvements will be discussed in a subsequent paragraph for information purposes only. Short Term Improvements As stated above, Highway 178 is currently a two lane rural road. The ultimate configuration of Highway 178 will be a six lane major arterial as defined by our current Widening of Highway 178 Page 2 June 24, 2003 City standards. Caltrans has a different standard for their highways in that the same width of the roadway that we utilize for a six lane route, Caltrans only allows four lanes to be striped. The difference is made up in the fact that Caltrans provides a 10' shoulder on each side of the road. Keeping this in mind, we propose to construct a roadway that can be utilized as a four lane Caltrans roadway as long as it is under the jurisdiction of the state. This same roadway can then be easily converted to our six lane arterial standard by merely applying modifications to striping. In other words, the facility we build now will work for both Caltrans needs and requirements in the near future as well as our requirements in the distant future. This, however, will require a design exception from Caltrans. Preliminary indications show that this is a feasible modification and that Caltrans could in fact support it if we go through their "Design Exception" process. Specifically, the improvements could include the following: curb and gutter full median four lanes of paving shoulders In accordance with Councilmember Maggard's request and also based on good engineering practice, access onto the facility and access across the raised median will be greatly restricted (i.e., very few median accesses and those accesses restricted to right turn in, right turn out, left turn in only). In addition, local streets as well as the other major roads that intersect this highway will have acceleration and deceleration lanes constructed. Long Term Improvements Long term improvements involve the extension of the existing SR 178 freeway. Currently, SR 178 freeway ends about ~ mile east of Oswell Street. The SR 178 @ Fairfax Road interchange project will extend the freeway approximately one mile. It is anticipated that the free,,vay will continue to be extended easterly in one mile increments until it reaches its final termination point at Alfred Harrell Highway. As was done with the Fairfax Interchange project, preliminary engineering, right of way acquisition and design will be paid for through the Transportation Impact Fee program. Construction will be paid by both Transportation Impact Fees and State Transportation Improvement Program dollars based upon their proportionate share of regional and local traffic volumes. Our current long term Transportation Impact Fee program schedule shows the next mile of freeway, along with the interchange at Morning Drive, to be constructed in 2011. Therefore, it takes approximately six years for each mile and interchange to be constructed. Based upon this time frame, the freeway would be completed at its terminal point in approximately the year 2030. G:\GROUPDAT~Jacques~003\WIDENING OF HIGHWAY 178.doc -2- Widening of Highway Page 3 June 24, 2003 COSTS It is anticipated that the cost of these improvements (3.7 miles in length) will be approximately $15,600,000. The attached spreadsheet breaks down the costs into two categories; construction costs and soft costs. TIME FRAME This project will take some time to complete. Since it involves Caltrans and the price tag is over $1 million, Caltrans formal processes must be followed. The following will outline the process necessary to implement the project. Costs for each component are shown on the attached spread sheet and are anticipated to be paid for through whatever funding source is decided upon. 1. Project Study Report (PSR) The PSR is a project initiation document that defines the scope, costs, and any other alternatives that may be utilized for this widening. This document usually takes about one year to complete. 2. Project ApproVal/Environmental Document (PA/ED) The PA/ED portion usually takes the longest to complete. During this phase the geometrics are submitted to Caltrans and approved by both the Fresno office and Headquarters. The environmental portion of it requires a number of technical reports to be completed, including air quality, noise, cultural resources, biological resources, etc. It is anticipated that this part would take approximately two years to complete. 3. Plans Specifications & Estimates (PS&E) This portion is the actual plans and contract documents that must be completed, reviewed and approved by Caltrans. It is anticipated that this portion should take about one year to complete. 4. Construction It is anticipated that construction would take approximately 1% to 2 years to complete. Please note that most of the right of way has already been dedicated for this widening. The small amount of right of way necessary to complete this work could easily be handled within the above time frame. It should be noted that the above time frames are the minimum necessary to complete all necessary documents to construct improvements. Funding of each component, especially construction, may not necessarily fall within the same time frames and may take much longer to implement. G:\GROUPDAT~Iacques~2003\WIDENING Of HIGHWAY 178.doc -3- Widening of Highway 179 Page 4 June 24, 2003 FUNDING OPTIONS A project of this magnitude requires a lot of capital to construct. The following will outline several options that could be used to fund the improvements contemplated. They include: 1. Assessment Districts 2. Major Bridge and Thoroughfare Districts 3. STIP funding through KernCOG 4. Combination of funding sources including local funding, STIP funding and revenue from Caltrans through SHOPP program 5.Demonstration project 6.Targeted grants 1. Assessment Districts An Assessment District contemplates an improvement, determines an area of benefit that would be derived by the improvement, sells municipal bonds to obtain the capital and spreads the debt service to pay back those bonds over the area of benefit. The attached map outlines a potential area of benefit that could be realized by this project. As it is unlikely that 100% of the area will contribute to these improvements, a figure of 90% was utilized in the acreage calculations. Spreading the costs of the improvements over the area yields a cost of $2,955.87/acre of land. 2. Major Bridge and Thoroughfare District The same benefit area could be used as the basis to develop a Major Bridge and Thoroughfare District. In this scenario, the City would front the money for these improvements and be paid back over time as development occurs. Since this requires the City to front an enormous amount of money, this is by no means, a realistic option. 3. STIP funding This would require introduction of a project to KernCOG. The time frames as outlined above could work nicely with this funding scenario however, it should be noted that funding these improvements through the STIP process will displace an equal amount already earmarked for improvements outlined in the Bakersfield Systems Study. In other words, construction of Centennial Corridor, the Hageman Flyover and Oak @ 24th Street would be delayed if we went forward with SR 178 improvements now. The delay could be between two and four years. 4. Combination of funds Currently, Caltrans has a project to add 8' shoulders on this section of Highway 178 funded by both State and Federal sources through their SHOPP program. In addition, the City has included one lane in each direction in its Transportation G:\GROUPDAT~Jacques~003\WIDENING OF HIGHWAY 178.doc -4- Widening of Highway 178 Page 5 June 24,2003 Impact Fee program. Combing these funds together, along with STIP through KernCOG and some Assessment District funds would allow these improvements to be constructed without any one program being hit too hard. $. Demonstration Project This project could be nominated as a "Demonstration Project" within the new Federal authorization currently being considered by Congress. This source requires a 20% match and must compete with other projects nationwide. Since this would be a late addition to the current list of requests by Kern County, Congressman Thomas and Congressman Dooley would have to be contacted directly for them to introduce this into the proposed re-authorization. 6. Targeted Grants Portions of the improvements may be funded by targeted grants. These include Congestion Mitigation Air Quality (CMAQ) grants, Transportation Enhancements (TE) grants and Environmental Enhancement Mitigation (EEM) grants. These grants are administered by KernCOG and are given on a competitive basis. G:\GROUPDAT~Jacques~2003\WlDENING OF HIGHWAY 178.doc 5 Highway 178 - Mesa Marin to Rancheria Road Construction Costs Item Description Unit Quantity Unit Cost Cost Mobilization LS 1 $300,000 $300,000 Traffic Control LS 1 $300,000 $300,000 Roadway Excavation CY 130000 $15 $1,950,000 Pavement Removal CY 15000 $40 $600,000 Curb and Gutter LF 39000 $15 $585,000 Median Curb LF 39000 $12 $468,000 Drainage System LS 1 $500,000 $500,000 Class 4 sub-base TON 90000 $20 $1,800,000 Class 2 base TON 95000 $30 $2,850,000 Type "A" ac TON 55000 $40 $2,200,000 Striping LF 80000 $1 $80,000 Finished Roadway LS 1 $150,000 $150,000 $11,783,000 10% Contingency $1,178,300 Sub-Total (Construction) 12,961,300 Soft Costs Project Study Report I I $250,000 Project Approval/Environmental Document $500,000 Plans, Specifications & Estimate I $1,000,000 Construction Management/Administration $600,000 $2,350,000 10% Contingency $235,000 Sub-Total (Soft Costs) $2,585,000 Total $15,546,300 ISa), $15,600,000 Draft Preliminary Assessment ;~--,....~: $15,600,000 / 6,699 acres = $2,687.15 _. ' i, : '"' ~' : ',. . . SR 178 Improvements - Draft Benefit Area MEMORANDUM ji,',i I 2 6 2003 TO: Kevin Barnes, Solid Waste Superintendent 7',''~'" FROM: Gregory J. Klimko, Finance Director,~/~ /? DATE: June 26, 2003 SUBJECT: Requiring Deposits for Commercial Garbage Service Effective July 1, 2003, deposits will be required in advance for all new commercial garbage service. The term "new service" will .include change of ownership at an existing service location. Additionally, effective August 1, 2003, all existing commercial garbage customers who become 60 days delinquent on their account shall be required to pay their account current AND pay a deposit, in advance, before their service is re-instated. All deposits shall be in an amount equal to one month of service, based on the customer's established service level. These actions are being initiated to reduce the level of delinquencies among commercial garbage customers. The Bakersfield Municipal Code section 8.32.060 "B" authorizes the Finance Director "to require billings to be paid monthly in advance". Section 8.32.070 of the BMC further supports this action by stating "The Finance Director ... may make such rules and regulations ... as may be necessary or desirable to aid in such administration and enforcement", regarding the collection of commercial garbage fees. Please advise your staff to initiate this change in collection practice based on the effective dates referenced above. Attachment (BMC code section) cc: Alan Tandy f Raul Rojas Bill Descary Nelson Smith File name: p:/nks/memo-refuse deposits.doc require billings to be paid monthly in advance; provided, repair shall be assessed the occupant as defined in this that ~he first monthly charges sh~l! be prorated. chapter. Actual replacement or repair costs shall be dei~- C. The finance director may rrmire refunds of ad- mi~ed by the city manager or designe~. vance payments on the same pro rata basis if requested D. Industries in the city, not the city, shall be m- in writing in affidavit form by the depositor within_ thr~ sponsible for the ~ collection and removal of indus- months fi'om the date of any reanimation of an account, trial waste from industrial pr~ses. The city m~mager or otherwise no retired shall be made. Adjustments for any signce shall determine what is and what is not industri- increase or decrease of service shall otherwise be waste. (Ord. 3605 § 1 (part), 1994) only on a monthly basis. D. All charges set by the city council for $.32.040 Charge as debt against occupant or fuse/solid waste?~recycling services or otherwise imposed property--Penalty. in this ch~ter are due.and payable ou thc first day of thc A. A charge set by thc city council for refuse/solid month and become delinquent after thc last day of the waste management services shall be a civil, debt owing month. II~itemst at the rote of one l~rc. eut per month shall to the city f~om the owner and/or occupant of the.prope~- be ~_~e__d to any delinquency. Should the city ~ to ry. court action to Collect amounts due., the city shall be 13. Any service user and/or prope~ owuer who rails entitled also to collect its reasonable costs, including or refuses to pay such charges shall be subject to a penal- attorneys' ty as set fot~ in thc general penalty provision, Section E. Be~,inning with thc 1986-8'/f~scal year, persons 1.40.010 of the Bakersfield Municipal Code. aged sixty-five or older who own and have'owned and (2. Said additional charges shall be applicable only occupied a single-family dwelling unit since lVlarch 1st in the event that i~ becomes ~-,cessary for the city to of thc preceding year shall, upon application to thc fi- commence legal action to collect the charge. (Ord. 3939 uance director between April 1st and ltu~ 30th, be euti- § 2, 1999; Ord. 3605 § 1 (part), 1994) ' tled to a refund of oue-half that ye~'s annual charges $.32.080 Billing property owner, paid for city refuse/solid waste m~,~emont seawices to such dwelling. Not mom than one refund shall be rrm~ A. The charges set by the city council for re- per dwelling. fuse/solid waste m-~n~ement se~wices may be billed to F. Ow~er/~ts of a $ingle-f~mily the property owner who may collect such charges ira- absent from such dweI~g f~ a period of thirty cous~u- posed against th~ occupants of such unit or units locat~ tire days after the effective date of the ordinance adopt- on such pmmis~s, and shall transmit the amount so col- lex:ted to the city. ing this subseClion .~mll, upon application to the director, be entitled to a prorated refund of refuse/solid 13. In thc event the property owner fails to collect wasWrecycling charges for such period as the dwelling such charges from any such occupant and remit the same is unoccupiod, tauvidod advance notice that the dwelling to the city, the property owne~ .~,n be liable to the city would be unoccupied for such period of time was ta~vid- for payment of such charges. (Ord. 3939 § 3, 1999; Ord. ed to the water and s~ta~on depamnem. (Ora 3939 § 36O5 § 1 (part), 1994) 4, 1999; Ord. 36?9 § 1, 1995: Ord. 36O5 § 1 (pan), 1994) 8...32.0~0 Billing, eolleclion and paFment of · " '.:".A. The coliection of the charges sh~l be finder the dh'e. ction, supervision and control of the ~ce director. The ~,~¢ ~ .~,~ hav~ the power and duty, B. Collection of charses for single-family dwelling and is directed to calorie the pruvisious of this ~ units, duplexes, and tripl~xes receiving msh~tial can r~a~g to thc bin~s ami ~ of cha~es for city thc ~ County anditor-contmll~ a~ tax collector, a~t such rules and m~lations as a~ cm~i~mt with the to such other county off, ceos as may be required, fur provisions of ~ ~ as may be necessary or plac~ammt of such charges as assessmonls on thc ~ abl~ to aid in such administration and enforcement. (Ord. roll of the county and he -~h~n request that the tax collec- 3605 § 1 (part), 1994) tot each year collect and enfc~:e the assessments in the to all other charges (including commercial and multi- residential refuse bin accounts), the finance director may 300 2003 CITY OF BAKERSFIELD MEMORANDUM TO: ALAN TANDY, CITY MANAGER FROM: RAUL M. ROJAS, PUBLIC WORKS DIRECTOR ~ DATE: June 27, 2003 SUBJECT: FISCAL YEAR 2003-04 BUDGET WORKSHOP QUESTIONS Question No. 17- Follow Up IRequested a response from staff regarding efforts to explore grant funding to assist with funding the Graffiti Removal Program (Councilmember Benham) Staff has completed investigation of options for grants to assist funding of the Graffiti Removal Program. A Code Enforcement Grant Program (CEGP) is available through the State of California Department of Housing and Community Development Division of Codes and Standards (copy attached). On Page 3 of the attachment there is a partial list of eligible costs, however, they encourage proposals for items other than what is listed. Jurisdiction-owned graffiti removal equipment is listed as an eligible item. Based on their list, it appears we could make a good case for other Graffiti Removal Program related expenses. The State accepts applications each spring and staff is planning to pursue this funding in the spring of 2004. The City of Bakersfield also has access to an on-line grant Iocator service called e-civis. When researching these grant opportunities, staff searched this program for "graffiti funding" and was unsuccessful in finding any items in this regard. Staff has been in contact with e-civis and they are expanding their search engine to include these type of grants in the future. Staff will check this program regularly for other opportunities in this regard. Cc: Brad Underwood, Public Works Operations Manager Steve Hollingsworth, General Services Superintendent Georgina Lorenzi, Assistant to the Public Works Director G:\GROUPDAT~Referrals~003~"Y 03-04 Budget Questions\Question 17 Follow Up.doc STATE OF CAUFORNIA. BUSINESS. TRANSPORTATION AND HOUSING AGENCY (~RAY DAVIS. Governor DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT ~ DIVISION OF CODES AND STANDARDS 1800 THIRD STREET, SUITE 260, P.O. BOX 1407 SACRAMENTO, CAUFORNIA 95812-1407 (916) 445-9471 FAX (916) 327-4712 From TDD Phones 1 (800) 735-2929 NOTICE OF FUNDING AVAILABILITY (NOFA) Code Enforcement Grant Pro~ram (CEGP) February, 14~ 2003 The Department of Housing and Community Devebpment (HCD), Division of Codes and Standards, is pleased to announce the availability of $~,750,000.00 in funding for housing code enforcement assistance grants from the HCD's Code Enforcement Grant Program (CEGP). Purpose The CEGP is a new program with the aim of making grant funds available to cities, counties, and cities and counties for capital expenditures that improve the effectiveness of and supplement existing local funding for code enforcement programs related to housing code maintenance or compliance. To be eligible applicants must demonstrate the intent to ensure cooperative and effective working relationships between code enforcement officials, local prosecutofial agencies, local health department, local building and planning departments, policing agencies, local housing agencies or other agencies participating in an interdisciplinary approach to housing code enforcement. Assembly Bill 2867 (Chapter 82, Statutes of 2000) as subsequently amended, established HCD's initial Community Code Enforcement Grant Program and the Code Enforcement Incentive Program in Chapter 8, commencing with section 17998 of the HSC. These demonstration programs funded increased code enforcement staff and resources to improve and preserve existing housing through maintenance and community-oriented code enforcement efforts. The new CEGP was established by Senate Bill 1227 (Chapter 26, Statutes of 2002) under HSC section 53533(a)(6); the funding was approved as part of Proposition 46 (2002). The new CEGP will continue to capitalize and build on interdisciplinary, community-oriented code enforcement and preservation concepts, but will provide grant funding only for capital expenditures hat supplement or complement local code enforcement and compliance activities. Provisions of the HSC govern this NOFA and its lxogram funding commitments. Pursuant to HSC Section 53533, there will be no program regulations. In lieu thereof, this NOFA, its application forms, and the funding contracts will serve as guidelines for the applications, awards, mmmitment, use of funds, and applicable program requirements. Complete threshold requirements, rating and ranking criteria and the leveraging or capacity requirements will be set forth in the application process documents. Program Summary. CEGP will provide grant funds to eligible applicants for capital expenditure costs (see definition and examples, below) that complement a proposed or an existing local building code enforcement program incorporating components and characteristics described in this NOFA. Frequently there is insufficient funding at the local level for capital expenditures used in the daily operation of code enforcement activities, including the tools and equipment necessary to identify and abate housing code violations in a timely and coordinated process. Effective code enforcement is necessary to protect public health and safety, to preserve affordable housing that could otherwise be lost through closure or demolition, and to avoid displacement of owners and renters. HCD will award the code enforcement grants on a competitive basis. CEGP staff will review all grant applications for completeness and compliance with this NOFA. Applications will then be rated and ranked based on criteria described in this NOFA. There is ro formal match requirement; however, the leveraging of other funds or resources will be necessary in order to demonstrate the capacity to use the grant-financed acquisitions. Equipment acquired or enhanced with grant funds must have a useful life of at least two years, or if acquiring or rehabilitating tangible physical property that property must have a useful life of 15 years. For the purposes of this program grantees must agree to monitoring and reporting for a three year grant period. Eligible Applicants ~; The applicant must be a city, county, or city and county. The applicant may apply for capital assets for use in its own jurisdiction, or it may apply to use them on behalf of itself and other jurisdictions working together under a Memorandum of Understanding ("MOU"), ordinance, or other contract arrangement. ~ The entity submitting the application must be the primary agency responsible for housing code enforcement in its jurisdiction (only one application per jurisdiction will be accepted). This may be the building department, the health depamnent, a code enforcement department, planning and land use department, housing/redevelopment agency, or a police or fire department, etc. ~ The applicant must have a local housing code enforcement component or program in place or under contract for one. This may be a building department, health department or other local department that currently only documents or responds to complaints, or it may be an existing interdisciplinary, proactive code enforcement agency. ~ The applicant must demonstrate anticipated ongoing program funding for the duration of the three year grant program which is adequate to support effective use of the grant-financed capital expenditures. Eligible Programs and Activities ~ The funds must be used for capital assets, as defined in this NOFA, that will be dedicated to local housing code enforcement within the applicant's jurisdiction or other jurisdictions it serves pursuant to an MOU or other contractual agreement and must supplement the applicant's existing funding for its code enforcement program, including program costs related to the capital expenditures, soft costs or staffing. ~s The proposal must identify each capital expenditure, its estimated cost, its use, its anticipated useful life, and a detailed discussion describing the benefit provided to the code enforcement program, the community and the existing housing stock. ~' The proposal must identify, in general terms, the nature, source, and timing of the other funds or resources to be used to support the use, sott costs, maintenance, and other ongoing expenses related to the capital expenditure during the three-year grant period. ~ The proposed or existing code enforcement program should incorporate interdisciplinary coordination, using, for example, building, health, planning, police, fire, prosecutorial, and/or housing finance staffing or other resources for outreach/education and/or inspections and, to the extent feasible, include a community-oriented component. Grant Amounts The rmximum grant to a single recipient shall not exceed lhree hundred thousand ($300,000), and the minimum grant to a single recipient shall not be less than thirty thousand dollars ($30,000). Eligible Uses of Funds A local code enforcement agency must use the grant funds for the acquisition or construction of a capital asset that complements its housing code enforcement program. The following are the statutory definitions of a capital asset as pursuant to Government Code Section 16727: ~ The acquisition or construction of tangible physical property with an expected useful life of 15 years or more; ~ Major maintenance, reconstruction, or retrofitting of a capital asset; ~ Capital assets such as equipment with an expected useful life of two years or more; and ~ Expenditures that continue or enhance the useful life of a capital asset. The following expenditures are examples of eligible costs. However, this is just a partial list of eligible costs and the Department encourages proposals for other capital expenditure items. Where funds are used for the purchase of equipment, that equipment MUST have an anticipated useful life of two years. Vehicles and Related Equipment ~ RV, special purpose commercial modular (portable office), or outreach trailer; ~ Passenger tracks or automobiles (for inspectors); and ~ Garbage dumpsters/storage containers. Electronic Equipment ~ Computers: laptop or desktop, modems, wireless transmission equipment, printers, etc., along with appropriate accessory equipment; ~ Computer network or host server equipment necessary to support interdisciplinary coordination including appropriate software; ~ Radios, cell phones, wallde-talkies, or other communication systems and routine accessories; m Wireless communications equipment; global positioning system equipment and related software; ~ CD reproduction equipment; and m Cameras (single-shot and/or movie); movie or projection equipment. Office/Neighborhood Outreach Equipment ~ Office building improvements to support code enforcement and/or additional inspectors; m Office equipment, meeting, demonstration or communication equipment. Inspection Equipment m Lead paint testing equipment; ~ Surveillance cameras to record illegal dumping or graffiti; m Metal or good quality reusable street or posting signage, and equipment to secure unsafe structures such as metal fencing or street barricades; m Street or security lights; m Equipment for vector or mosquito control; m Resource library for code enforcement officers; m Specialized equipment to rent or lease (e.g., tractor "claws" for neighborhood clean-up's); and ~ Code enforcement safety equipment. Property Owner/Tenant Equipment ~ Jurisdiction-owned equipment, for use by public staff or to loan to property owners; and ~ Jurisdiction-owned graffiti removal equipment. Ineligible Uses of Funds Examples of ineligible expenditures include the following: which are operating costs or supplies (rather than capital costs), do not enhance or extend the life of a capital asset, are staff costs, or do not have a two-year useful life. m Operating costs or supplies such as: gasoline, oil, insurance, maintenance for vehicles (unless included in lease cost); ~ Garbage bags or dump fees; ~ Contracts for certification or training related to equipment, programs, etc.; ~ Consultants to develop customized software; ~ Monthly communication system fees or interact fees; ~ General "operating supplies" or "consumable s" (examples: film, non-rechargeable batteries, paper, toner, etc.); ~ Paper flyers or brochures related to specific events or which are "throw-away" in nature; and ~ Costs related to development of public service announcements (written or electronic) educational materials, websites, translations, etc.; and ~ Consumer tool boxes. The determination of whether a proposed acquisition is an elil0ble capital expenditure is within HCD's sole discretion. If HCD determines a proposed expenditure is ineligible, or determines that an item's cost is not reasonable or staff capacity is inadequate to properly support the item, HCD may either eliminate the item from the application or modify the request to be consistent with the NOFA. IfHCD's action reduces.an application to less than the minimum threshold amount, this reduction will not result in disqualification unless the amount remaining to be awarded, in HCD's sole discretion, is too small to substantially support a code enforcement program or would place a disproportionate administrative burden on HCD. Local Financial and Resource Levera~im, Although the CEGP program does not explicitly require a monetary local match, the Depmhnent believes it is necessary and appropriate to require resource or financial leveraging for the grants in the form of funding for personnel and soft costs necessary to make effective use of the grant-financed acquisitions. Applicants must provide a detailed accounting of where these funds will come from and how they will be used. For example, if the State-approved grant funds are used to purchase a vehicle, the grantee will be required to guarantee the personnel and operating costs (as local financial and resource leveraging) for the three-year grant period. Grant Terms and Limits Grants will be made for a term of three years. However, grant funds may be drawn down immediately after the execution of the Standard Agreement and Department approval of the item to be purchased. Grants will be subject to conditions set forth in a Standard Agreement (Contract). Grantees will be responsible for reporting on the fund usages and effectiveness of their code enforcement activities. Rating and Ranking of Applications Eligible applications, that are complete and meet all the threshold requirements, will be rated and ranked according to the following criteria. These complete applications will be compared one to another and points assigned on a continuum within each criteria with the maximum points awarded to the application that best meets the criteria. Criteria Maximum Points 1. Need and Community Benefit from Code Enforcement Grant Funds 30 The degree to which the application demonstrates the jurisdiction's need for the proposed capital expenditure and the benefits provided to the local code enforcement program. Where applicable, describe joint benefits for interdisciplinary code enforcement, any housing preservation support, or community benefits. a.) A detailed description of the capital expenditures to be acquired with grant funds and demonstrate that the items' costs are reasonable. 0-10 points b.) The jurisdiction's need for the capital expenditure and how the grant funds will fulfill this need. 0-10 points c.) The joint benefits provided by the proposed expenditure for the following groups or activities. Provide a brief explanation of the benefit. (1 points will be awarded for each response, 5 point maximum) 0- 5 points 1. Code enforcement program 2. Community or jurisdiction 3. Interdisciplinary code enforcement team 4. Housing preservation, rehab programs, or neighborhood improvement programs 5. Special needs groups (disabled, elderly or low or very-low income, etc.) d.) Does the proposed capital expenditure provides a cost savings benefit to the jurisdiction? Provide a brief explanation of the cost savings. 0- 5 points 2. Current Code Enforcement and Housing Conservation Plan 10 Has the legislative body adopted a "plan" which addresses residential structure conservation and code enforcement? (It may be the housing element currently in effect, a Consolidated Plan, or another formal document adopted by the local jurisdiction.) From the following list, select one description that best reflects your jurisdicfion's "plan" for code enforcement activities. Points will be awarded as follows: a.) The plan provides for proactive code enforcement (not just responding to complaints), an interdisciplinary approach, and includes funding options for repairs and rehabilitation; 10 points b.) The plan only provides for proactive code enforcement (not just responding to complaints) and calls for an interdisciplinary approach and does not address funding options for repairs and rehabilitation; 8 points c.) The plan provides for some type of proactive code enforcement (other than just responding to complaints) but doesn't address coordinated interdisciplinary activities with other local public agencies or funding options; 6 points d.) The plan provides for only reactive code enforcement; 4 points e.) The plan only refers to a need to preserve and/or improve existing housing stock, without any code enforcement program; or ~ 2 points f.) No existing plan 0 points 3. Community-Oriented or Interdisciplinary Code Enforcement 20 The degree to which the application demonstrates the intent and means to ensure cooperative and effective working relationships between code enforcement officials and other local agencies, as well as, a community-oriented approach to code enforcement. a.) Identify current or proposed interdisciplinary code enforcement programs or activities and the team members (example: code enforcement, police, local prosecutors, health department, building and planning, fire, etc.). Provide a description of the team's code enforcement and coordination procedures, activities and services provided. If the current ~ programs or resources are limited in scope, explain how receipt of the grant will be used to improve the program. 0-10 points b.) Identify current or proposed community-oriented code enforcement programs, activities or services. (Examples: community clean-ups, Neighborhood Watch programs, community I meetings, door-to-door code enforcement knock and talks, etc.). If the current programs or resources are limited in scope, explain how receipt of the grant will be used to improve the program. 0-10 points 4. Proactive Code Enforcement Activities The effectiveness of the proposed or existing proactive activities and programs operated by the code enforcement program. Describe the activities or programs that include the 30 following: a.) Encourages repairs and preservation, rather than demolition or abandonment, of substandard residences. 0-5 points b.) Abatement of (a) lead hazards and lead-based paints, (b) toxic molds and dampness, and (c) displacement or relocation of residents. 0-5 points c.) Community clean-up campaigns. This may include but is not limited to recycling dates, free or reduced disposal rates at dumpsite, public clean-up days that encourage removal of unwanted or excess debris by making available extra trash pick-ups, dumpsites or trash/recycling containers on specific dates to dispose of household debris, inoperable vehicles, tires, toxic materials, etc. 0-5 points d.) Resource or referral programs for local, state, federal and private funds and other resources available in your jurisdiction that can assist with housing rehabilitation and repairs to rectify code violations. 0-5 points e.) Public education programs on housing issues. These could include but are not limited to community housing meetings dealing with homeownership, tenant-landlord issues, housing code enforcement, school age children programs with coloring books or handouts, housing safety pamphlets, etc. 0-5 points f.) Programs that encourage community involvement with groups; such as schools, churches, r community service groups, utility companies, local stores, housing agencies, banks, etc. 0-5 points 5. Capacity to financially and technically support proposed capital expenditures 10 The degree to which the application demonstrates the jurisdiction's financial and technical capacity to properly use and successfully support the proposed capital expenditure during the term of the grant. a.) The anticipated ongoing program funding for the duration of the three-year grant program is adequate to financially support the use of the grant-financed equipment. Include details of funding and technical support sources for the capital expenditure (examples: insurance, paper, maintenance, training, supplies, personnel, monthly billing costs, etc.) 0-5 points b.) The jurisdiction has the technical capabilities to use and support equipment.(examples: adequately trained staff or resources to provide training to operate technical equipment, local service provider for cell phones or two-way radios, trained personnel to operate equipment, etc.) 0-5 points TOTAL POINTS AVAILABLE: 100 Geographic and Demographic Diversity. To ensure geographic and demographic diversification of the grant awards, upon the completion of ranking and rating, at least one highest ranking jurisdiction will be selected from each of the following categories: Northern urban county Southem urban County Central Coast county Northem urban city Southem urban city Central Valley city Northern rural county Southern rural county Central Coast county Northern rural city Southern rural city Central Valley city It is likely that a single funded applicant may fulfill one or more of the above jurisdictional and/or regional categories. Application Request Applications must be on forms provided by HCD. Applications are available online at www.hcd.ca, gov, by writing or calling for an application package at the address or telephone number listed below, or by email at tgrossi~hcd.ca.gov. One completed original application must be received by HCD, no later than 5:00 p.m. on Friday, April 4, 2003. No facsimiles will be accepted. It is anticipated that funding announcements will be made in May, 2003. U.S. Mail Private Carrier Teresa Grossi, Teresa Grossi Department of Housing and Community Development Department of Housing and Community Development Code Enforcement Grant Program Code Enforcement Grant Program P.O. Box 1407 1800 Third Street, Suite 260 Sacramento, CA 95812-1407 Sacramento, CA 95814 Phone Number (916) 445-9471 Legal Information HCD reserves the right, at its sole discretion, to suspend or amend the provisions of this NOFA. If such an action occurs, HCD will notify all interested parties. Applicants are urged to carefully review this NOFA and the application documents before submitting the application. Information and Assistance HCD aafl' is available to answer questions regarding the program or the submitting of the application and attachments. Please call Teresa Grossi for assistance or additional information at (916) 445-9471. Additionally, HCD will convene two applicant workshops to answer questions and provide technical assistance, at: Northern California Southern California February 21, 2003 February 25, 2003 10:00 a.m. to 2:00 p.m. 10:00 a.m. to 2:00 p.n~ Housing and Community Development Housing and Community Development 1800 3~d Street, Suite 183/185 3602 Inland Empire Blvd., Suite C220 Sacramento, CA 95828 Ontario, CA 91764 Thank you for your interest in the Code Enforcement Grant Program. Sincerely yours, Norman Sorenson Deputy Director B.A K E R S F I E L D Economic and' Community Development Department M E M ORA N D 'U M July 3, 2003 TO: Alan Tandy, City Manager FROM: Donna L. Kunz, Economic Development Director SUBJECT: Possible opportunity to increase Section 108 Loan Principal up to an additional $500,000 without increasing payment amount over 20 years for City pool rehabilitation-spray park projects. On Tuesday this week, staff attending a HUD meeting in Los Angeles in which the Director of HUD Financial Management indicated that the Treasury interest rates on the Section 108 loans were at an all time Iow (from 3.5% - 3.75%) and that cities should consider this a possible opportunity to increase the amount they borrow from HUD if the funds are needed. The Director also indicated that the Section 108 program may be phased out in the near future, possibly as early as FY 2004. Due to robust private construction activity, the engineering staff has estimated that costs for the pool rehabilitations and spray parks planned for MLK and Jefferson Park may exceed the original engineering budget by as much as $500,000 total. Rather than delay the construction of the spray park components until other resources become available, staff is suggesting the possible exploration of increasing our Section 108 Loan by this amount in anticipation of these cost increases. Because of the favorable interest rates mentioned above, the payment previously approved by the City Council in the amount of $400,000 annually for a period of 20 years from the CDBG fund will not be increased. HUD issues Treasury Notes annually each August to raise funds for the Section 108 Loan Program and other federal programs. The City's Section 108 Loan is due to be issued with the upcoming August 2003 Treasury Notes. Due to this short time frame, staff has placed a resolution on the upcoming City Council Agenda to allow an increase in the borrowing. It is important to note, there is no guarantee at this time that HUD will approve the increase, however, we have received a favorable initial verbal response. Staff will need to work diligently in the next two weeks to sort out the required paperwork and details in order to have the documents to HUD by July 27th as required to meet the August issue date. C:~Documents and Settings~rsmiley~.ocal Settings\Temp~ATmemo.doc Page 1 of 3 Long Beach Press Telegram Insurance costs raise L.B. deficit Budget: Runaway premiums spur warnings of fund insolvency, add $7M to next year's shortfall. By Jason Gewirtz Staff writer Monday, Jane 16, 2003 - LONG BEACH The city anticipates a $59 million budget shortfall next year, a $7 million increase from previous estimates that is attributed largely to skyrocketing city insurance costs. The projection comes as city finance officials warned Monday that the city's Insurance Fund, which pays insurance premiums and claims, is at risk of insolvency without immediate help. The growing shortfall estimate and insurance concerns are the result of a haywire insurance market, rising workers' compensation costs, increased flights at Long Beach Airport and two new police helicopters that are costing more to insure, city officials said. Tonight, the City Council will be asked to renew four insurance policies whose annual premiums have increased as much as 420 percent since 2001. "The whole insurance industry has just kind of been spiraling,' said Mike Killebrew, the city's budget manager. The bleak insurance picture comes as the city straggles with a three-year budget shortfall that stands at $97 million with the new projection. That shortfall is in the General Fund, which pays for most city services, including police and fire protection, libraries and parks. The $59 million projected shortfall is for the fiscal year that begins Oct. 1. The rise from an earlier $52 million projection is a direct result of the increased costs of workers' compensation payments and coverage, Killebrew said. The $7 million increase was not factored into the recent three-year plan the council adopted to solve the budget crisis. But City Manager Jerry Miller said a hiring freeze and other spending cuts have put the city on pace to finish the fiscal year with $11.7 million available for next year's budget a head- start the city is relying on to help solve the shortfall within three years. But while the city works to close the General Fund gap, city leaders are becoming increasingly concerned about the Insurance Fund, which a city budget report concludes could bottom out without immediate action. Shrinking fund On Sept. 30, 2001, the Insurance Fund had a fund balance of $38 million. That balance is projected to be $3.2 million on Sept. 30, the end of the current fiscal year, according to an estimate based on unaudited figures through April, the budget report states. A similar budget repOrt presented last month projected a $6 million finish. http://www.presstelegram.com/cda/article/print/0,1674,204%7E27141%7E 1459463,00.html 6/30/2003 Page 2 of 3 "That number has been depleted,' Miller said. The city's insurance costs have been rising for several years, largely driven by increases in workers' compensation costs and the Sept. 11, 2001, terrorist attacks, which caused havoc for insurance carders fearful of other attacks. The city is self-insured up to $5 million for workers' compensation claims, and up to $3 million for general liability claims. Each city department pays a portion to the Insurance Fund to cover any potential claims involving its employees. In recent years, as insurance rates skyrocketed, the city protected those departments from rising payments by dipping into the Insurance Fund's reserves. Last year, departments paid an estimated $12 million to the Insurance Fund. Those departments are budgeted to pay $18 million this year. But with the fund balance shrinking, Killebrew said those payments will be on the rise. "We're looking at doubling what they pay,' he said. And those payments may not wait until the start of the fiscal year on Oct. 1, Killebrew said. Finance officials will be meeting later this week to determine whether departments will have to increase their payments immediately to help the fund balance by year's end. "We probably should have enacted measures sooner so departments were paying a more appropriate share of their costs of insurance,' Miller said. Those payments, Miller said, will come as city departments continue searching for ways to reduce costs to fill the General Fund shortfall. Excess coverage While the city is self-insured, it also carries several excess, or umbrella, policies to cover potential catastrophic events or major legal claims. Tonight, the council will be asked to renew four policies that cover excess workers' compensation, excess municipal liability, airport liability and aircraft liability. Workers' compensation is among the costliest to insure. From 1999 to 2002, workers' compensation claims among city employees increased 14 percent, while the number of lost work hours increased 43 percent, according to the budget report. The city's payouts during that time increased 62 percent from $10 million to $16.2 million. The city's excess policy is designed to cover catastrophic events such as terrorist attacks, major fires and earthquakes that could injure or kill multiple employees during work hours, said Kevin Boylan, human resources director. Last year, the city's premium for that policy increased from $75,900 to $139,909. The hike was attributed to the events of Sept. 11, the costliest workers' compensation event in history, Boylan said. This year's premium will cost up to $400,000 a 427 percent rise from the 2001 level the result of the rising costs to cover claims. http ://www.presstelegram. com/cda/article/print/0,1674,204%7E27141%7E 1459463,00.html 6/30/2003 Page 3 of 3 While the rates have increased, the city's deductible has increased as well. The city is on the hook for the first $5 million in payments, but as recently as 2001, its responsibility was $2 million. A similar scenario is playing out for the city's excess municipal liability coverage. That policy kicks in for general liability claims of more than $3 million, including court settlements or jury awards. After the $3 million payout, the city will be covered for $17 million under the renewed policy. In 2001, the excess policy covered $50 million in pOtential payments. For that reduced coverage, the city's premium is expected to cost up to $800,000 an increase from $536,326 in 2002, and $411,506 in 2001. Airport impact Growth at Long Beach Airport is also having an insurance impact. The city takes out airport liability insurance that covers up to $100 million in general liability and $50 million for terrorist attacks at the airport. In 2001, the city paid a $60,000 premium for that coverage. Last year, the figure more than doubled to $132,298. This year, the same coverage will cost up to $190,000. The increase is attributed to the growing popularity of Long Beach Airport, said Margaret Shobert, the city's risk manager. "The more people you've got out there, the bigger the risk,' she said. But passengers aren't the only insurance risk. Aircraft are a liability as well. The city purchased two new police helicopters in December to replace two older models in the Police Department's fleet. But insuring those helicopters is coming at a steeper price. Each year, the city takes out $50 million worth of aircraft liability and hull insurance to cover the machines. Last year, the older-model helicopters cost the city a $83,304 premium. The premium for the new machines is $218,949 a 162 percent increase. http://www.presstelegram.com/cdaJarticle/print/0,1674,204%7E27141%7E 1459463,00.html 6/30/2003 The Sacramento Bee -- sacbee.com -- State extends its hiring freeze Page 1 of 3 This story is taken from Pq!j~c!cs at sacbee.com. State extends its hiring freeze The move, paired with a purge of vacant jobs, may save $550 million. By Alexa H. Blurb and John Hill -- Bee Staff Writers - (Published .7u1¥ 2, 2003) AS California's fiscal year began without a budget Tuesday, Gov. Gray Davis issued dual orders aimed at trimming costs from the state's work force. Davis also predicted a quick end to the legislative budget standoff as the outlines took shape of a possible deal to finance a chunk of the state's deficit without raising taxes. "While everyone else prophesies doom and gloom ... ! continue to believe that we will see action by the end of this week," Davis said after signing the pair of executive orders. One would chop $250 million from the budget by eliminating 20,000 vacant government jobs. The second would extend for at least two years a hiring freeze first imposed by Davis in October 2001 when the state's fiscal slide was becoming apparent. The governor said the savings would amount to about $300 million. The hiring freeze does not apply to public health, safety and security personnel, including those hired by the California Highway Patrol, the Office of Emergency Services, the Military Department, and some Department of Health Services offices, according to Davis' order. DaVis urged the Legislature and the judicial branch to join the halt in hiring. The move is designed to reduce California's payroll costs, but Davis administration officials also are attempting to persuade state workers' unions to agree to salary or benefit reductions, or face layoffs to achieve $855 million in payroll cuts. In the absence of a spending plan and a deal with workers' unions, the Personnel Department has issued 9,000 notices warning state employees they may lose their jobs. But Davis said Tuesday's move might spare some from losing their posts. Legislators failed to pass a budget by the midnight deadline Monday. State Controller Steve Westly has warned that state cash will soon dry up and he will begin halting payments to state vendors, community colleges and schools. Lawmakers have for weeks been frozen in disagreement over raising taxes to help fill a budget deficit expected to reach $38 billion by the end of this fiscal year. Democrats have put forth several plans that contain program cuts, borrowing, and sales tax and other tax increases. Republicans have called for deeper cuts and rejected tax hikes of any kind. http://www.sacbee.corn/content/politics/v-print/story/6960913p-7910020c.html 7/2/2003 The Sacramento Bee -- sacbee.com -- State extends its hiring freeze Page 2 of 3 Legislative leaders, however, talked informally Tuesday about a possible compromise that includes financing $:10.7 billion of the state's deficit over several years using complicated maneuvers that avoid a tax increase. "The key sticking point upstairs is how in fact we are going to sell current-year deficit bonds," Davis said. "One reason for my optimism is that ! do see the sides narrowing on that issue." The complex deal would work something like this, several sources said Tuesday: The Legislature would repeal a half-cent or a quarter-cent of the sales tax now dedicated to local government, replacing it with a sales tax increase of the same amount for the state. Consumers would pay the same tax on purchases, but part of the revenue that used to go to local coffers would instead go to the state treasury. To compensate local governments for lost revenue, the state would give them the same amount in property tax. :In effect, that would reverse the change that occurred in :1992, when the state shifted property taxes from local governments to schools to reduce its own costs during the last fiscal crisis. The maneuver would reassure Wall Street lenders that the state had a dedicated source of revenue with which to pay off bonds to cover $:10.7 billion of the budget deficit, resolving a disagreement between the parties about whether lenders would require a brand-new source of revenue to pay off the bonds. !n his budget proposal, Davis had proposed paying off the bonds with a new, half-cent sales tax over five years. Tn one version of the proposal described Tuesday, it would take a decade or more to pay off the debt because the revenue for bond payments would be a quarter-cent instead of a half-cent. The debt payments, which might not begin until the fiscal year that begins a year from now, would be $:1 billion to $2.4 billion, depending on whether it was funded by a quarter-cent or a half-cent. The state presumably would have to make cuts in services to cover those costs. The proposal has been discussed by fiscal staff and informally among some party leaders, but has yet to solidify. "!'ye heard it discussed in the hallways," said Sen. Dick Ackerman, R-Fullerton. But he said his caucus has not discussed it yet. Some Republicans might balk at voting for a sales tax increase, he said, even though it would be offset by a reduction of the same amount. It's uncertain whether the increase would fall under the requirement that tax increases be approved by a two-thirds vote of the Legislature. If it did, at least two Republicans in the Senate would have to join majority Democrats to pass the measure. Democrats, meanwhile, may dislike the requirement to make further cuts to programs to pay off the deficit bond. Democrats have consistently argued that some tax increases are needed to soften the impact of budget cuts. One effect of the deal would be to make local governments less reliant on sales tax. Policy-makers have long argued that the dependence on sales tax leads to skewed land-use decisions, with local governments encouraging sales tax-generating retail businesses at the expense of housing or manufacturing. Replacing local sales tax revenue with property tax is the goal of a bill by Assemblyman Darrell Steinberg, D-Sacramento. Steinberg said Tuesday that making the swap part of the budget deal would "begin us down the path of restructuring the state-local fiscal relationship." It would also set aside money for paying off the deficit bonds, he said. http://www.sacbee.com/content/politics/v-print/story/6960913p-7910020c.html ?/2/2003 The Sacramento Bee -- sacbee.com -- State extends its hiring freeze Page 3 of 3 But it leaves a hole of at least $1 billion in the state treasury, he said. "It's more money the state will have to come up with at some point," he said. Davis' finance director, former state Sen. Steve Peace, said the plan is only one of many that his department has vetted, but he also called it a legally workable plan. "As long as a dedicated revenue stream -- a new dedicated revenue stream with no historical participation in the state general fund -- is produced, that will meet the legal requirements," Peace said. "Whether you can balance the budget in terms of whatever adjustments are associated with it, that's for the Legislature to debate and figure out how to deal with." Also Tuesday, the Howard ]arvis Taxpayers Association filed suit in Superior Court in Sacramento to try to reverse the recent tripling of the vehicle license fee. The fee's return to its :1998 level was triggered by the state's fiscal deterioration, Davis administration officials said. About the Writer The Bee's Alexa H. Bluth can be reached at (916) 326-5542 or ~_b_!.ugb_@._s,_a_cb_e.e,.c_om_. Go to: Sacbee / B~_~k_~o C.o. nta_cLUs/_Eee_db.ack I Pri~a. cy Bo!icy I !.e.r._m._..~._o_f_U_se News I SPOrtS I .B.uslr!ess I Politics I Cars I Classifieds I Homes I Jobs I Yellow Pages Help I Newsletters I Site Map I Subscribe to the Print Edition I Traffic I Weather I Wireless Delivery About Us I Advertise in The Bee I Advertise Online I Contact Circulation Customer Service I Events [ Sacramento Bee Web sites ] so.cb_e.e.,_c.o_m. I .S_a. cI[cke~,com I Socra_meggo_,co.~ This article is protected by copyright and should not be printed or distributed for anything except personal use. The Sacramento Bee, 2100 Q St., P.O. Box 15779, Sacramento, CA 95852 Phone: (916) 321-1000 Copyright © The Sacramento Bee / ver. 4 http://www.sacbee.com/content/politics/v-print/story/6960913p-7910020c.html 7/2/2003 ~on Tue,]ul. 01, 2003 Budget deadlock By Mark Gladstone and Ann E. Marimow Mercury News Sacramento Bureau SACRAMENTO --Monday was like most days in the state Capitol. Lawmakers held hearings. They debated bills. They had press conferences to tout their priorities.. But what they didn't do .mattered most. With more than five hours to spare before the-midnight deadline for the state to enact a spending plan, the state's legislators simply adjourned and went home. · ' We want to apologize for not being able to do our job," a frustrated Assembly Speaker Herb Wesson, D-Los Angeles, told his colleagues early Monday evening. Within minutes, Senate President Pro Tern 3ohn Burton, D-San Francisco, also sent senators home. While budget stalemates are not new in Sacramento -- the deadline has been missed 17 times in the past 25 years -- the day's inaction was still stunning given the record $38.2 billion deficit and the possibility that the state could be forced to stop paying for such critical programs as community colleges and child care for poor families. · ' We could fool the people and say, ' Yes, and we're going to stay here until midnight,'" Burton said. ' ' But basically there is no way in the world a budget could have passed tonight." Gov. Gray Davis, speaking on CNN, said he remained hopeful one house would pass the budget this week. ' ' We'll continue to work hard tomorrow," he said. One reason Davis may be optimistic is that his finance director, Steve Peace, has floated a creative plan intended to break the deadlock. The plan would, in effect, raise taxes without raising them. Plan to end deadlock The state would lower the sales tax that flows to local governmen~__t by a half-cent and simultaneously raise the sales tax t~'at-goes 't0 th~ ~tate by the -~ame-a'~ou~t, legislative sources confirmed. F'urt~r details were unavailable Monday night, and it was unclear how cities and counties would be compensated for the lost revenue. · The proposal could be appealing to both Democrats and Republicans because the net effect would not increase the overall tax rate and the money raised would be dedicated to paying off billions of dollars in borrowing as Davis has proposed. But prospects for a deal remain uncertain. Even before they adjourned, lawmakers had seemed resigned to missing the deadline. State officials' predict that within the month payments to community colleges and businesses that supply the state with everything from paper clips to water to fight fires are expected to be turned off. And they say California's credit rating -- already the worst in the nation -- could be further downgraded, raising the cost of borrowing. Assembly'Republicans on Monday unveiled their own updated budget plan with 15 percent cuts to state bureaucracy, which would lead to extraordinary belt-tightening at state universities. They also advanced a controversial idea to postpone when children are eligible to enter kindergarten to save $600 million a year. The GOP plan pushes back the date by which a child must be 6 years old to enroll in first grade from Dec. 2 to Sept. 1. The leaders of both houses indicated Republicans will be given a chance later this week to introduce their proposals in the ~Demo'~ratic-controlled chambers. Assemblyman 3ohn Campbell, R-Irvine, blamed the failure to push harder on the culture of the Capitol that operates only in high gear under deadline duress. · ' A lot of things wait for deadlines, it seems. And ! wish that weren'_t the case here," he said, ' ' but that seems to be the culture around here -- take it for better or worse." Still, it didn't seem to make much of a difference Monday. Some lawmakers, among the higheSt paid in the nation, joked about how they'd be able to get home'for dinner or watch a ballgame on TV. Sen. Wesley Chesboro, D-Santa Rosa, chair of the Senate Budget Committee, had scheduled a campaign fundraiser for Monday night. -Recall movement Looming over the entire -budget ritual this year is the. specter of a full-fledged movement to recall Davis, in part, because of his handling of the state's finances. Davis, who insists that he's not distracted by the bid to ouSt him, didn't arrive in town until 2 p.m. from Los Angeles. Sen. Don Perata, D-Oakland, said he expects Davis foes to hold out on the budget. ' ' I do-not believe we will see a budget until the recall has qualified for the ballot, because they are just watching this guy sink," Perata said. 3ust three years ago, with much ceremony, Davis signed the budget before the deadline, marking the first time since 1986 that it was on time two years in a row. But California has experienced a fiscal shipwreck since then. Among the factors are a 32 percent jump in spending under Davis, the end of the technology boom and billions in tax breaks handed out by lawmakers when the state was flush. Democrats, who control both houses, need to round up a two-thirds majority to enact a budget. In the previous two years, Davis needed to secure only one Republican in the Senate to gain the two-thirds needed for passage. Both years, Sen. Maurice 3ohannessen, R-Redding, provided crucial support. But 3ohannessen is now Davis' director of Veterans Affairs. And Davis now needs two votes in the Senate. In the Assembly, Davis needed only four GOP votes before. Now he needs six. While the budget wasn't resolved Monday, one thing was: Lawmakers won't get a pay increase. An independent commission that sets the salaries of the state's elected officials -- from the governor on down to the Legislature -- unanimously rejected any increase in salary or benefits. · ' Considering the fiscal chaos the state is facing, there is no way we can justify a raise this year," said chairman ]ohn Mack, President of the Los Angeles Urban League. 2003 Mcrcur~ News and wire service sources. All Rights Reserved. htlp://www.bay~lrea,com I NEWS I BUSINESS I TECHNOLOGY I SPORTS I LIFESTYLE I CLASSIFIED I STOCKTON CALI COMMUNITY >: Local News Tuesday, Jul. 1 2003 ~LodiLode Lowering, raising of sales tax ' ~ National News ' · , High: 89 ~?~_Opinion floated LOW: 56 ~ Crime Stoppers ~. Columnists 5 Day Forecast ~ 911 Calls Capitol Bureau Chief ~-~Weather ~ Published Tuesday, July ], 2003 7 Day News Search ~.. Business News Business Monday SACRAMENTO -- As legislative leaders search for a way to break California's ,: AP Money Wire $38 billion budget deadlock, talk is circulating of a face-saving plan that P~.e Names Leader of .... Stock Market involves simultaneously raising and lowering the sales tax in a move that could Boston Archdiocese ~.Business Columnists satisfy Wall Street bankers and tax-hating Republicans. : Business Journal Informant: Ex-Teammate ~: Calendars The idea ostensibly solves one of the key stumbling blocks of the budget _S_ho_LBa_y!o~p_l_ay_e..r ~ debate: how to pay for $10.7 billion in "deficit-reduction bonds" that lawmakers ,,=Technology News hope will cover a large part of the revenue shortfall. Pressure for a solution is Trop_i_c_a_l_S_t_o__rrn Cu_ts_ ~ mounting as California begins its fiscal year today without a spending plan, a Pow~..tQ_.Thousand~ situation that soon could cut off funds for a host of services. Sports News Local Sports ~drc~...~.~gmg,...~c~ ~Outdoors Gov. Gray Davis and his administration say Wall Street won't loan California Kennedy to Divorce Prep Sports the money unless there is a dedicated revenue stream to pay it back. Davis Sports Calendar proposed, and Democrats back, a half-cent increase in the sales tax, Two Abducted From ~: Sports Extra earmarked specifically for debt repayment. Grandmother Home ~,,Today Republicans say they won't consider it. They say the state should use existin~ ~.Timeout revenues, even though it may not be legally possible to dedicate the existin~ p~ry.J~un~ ~ Reviews sales tax in a way that satisfies bankers. That's because whatever money ~Youthink comes into the state's general fund is automatically available for other ~.Today's Galendar spending and is required to help ~ay for education. Ma~_Ch~rged in T~r~r ~, Movies Conspiracy Released ~.TV Only a stream of revenue directed to a so-called special fund, out of the main Births & Weddings state bank account, will satisfy Wall Street, state finance officials say. Ex-Rep Watts' Brother :Good Taste in S.d. Charged in Slaying ~Vintage In comes the raise it-lower it idea. Lower it so that the tax remains the same in ~, Parenting the end. And raise it so that it can be diverted from the general fund and all Pilot Who Bombed ~ other responsibilities. Can~n_s___F._.a_c.¢s Th_al >Announcements ::: Advertisement '" Automotive Assembly Republican Leader Dave Cox, R-Fair :: · !9_9.3_San~r~_c. is_c_.o_ ~,, Employment Oaks, wouldn't say whether he'd support the idea, but Massa~r~...R~m~mbered ~: Farm & Ranch he acknowledged that it has been floated in a variety ,: ~al Notices of forms. Po!!.S.~ys....Mg.,st..Belie~e ~Merchandise Saddam-9/11 Link Mobile Homes "1 have heard that," Cox said. "That's one of the ,~ Personals alternatives being discussed." Deadly Fall Prompts ~ Real Estate Porch Investigation ~,: Recreation But Cox, who has been credited with solidifying his Rentals caucus during his term as minority leader, said it's too Calif. Begins Fiscal Year ~ Services early to say whether the tax proposal will play a role ._W__~ ~o B_u~g_e_t_ ~ in the budoet endo~me. He was more interested in :::-~ Biographical Information Eranci~Garland Republicans insist balances the budget without any ~¢ ............................................... ~kori Gilbert new taxes, although Democratic support is unlikely. : I on O!Ma!!ey ~ Eric Grunder I ,,Jeff Hood "Budgets have to cook," he said. "It's not unusual for ~ ObJ, tuafiCs...b!.the...News ~ budgets to come together in 24 or 36 hours." . ,¢, i:: I , Community Info ~ Government Most observers are betting it will take significantly :i:o~,¢~:,~:~ o2~,~?. Officials longer than that to break a stalemate that has both ,<,, Events houses of the Legislature paralyzed in a partisan :::~:'~i~m'~'~,l~~' Grenades Slam Into U.S. ,~:,Stockton Cai standoff. ~ii~ ~'?/~ ;~:~'~ Vehicles in Iraq i~i'i'~;Z~"~l~'-*l'];'l~i] Most people involved in negotiations say the sales-tax i Mideast Leaders to Meet Receive an email gambit solves half the problem but still leaves with new daily Democrats stuck with more cuts than they want. : :: !~~~',.~::: ! .'.m_.~¢a_c_e_.P..u_s_h_ headlines from : i6~ El& 5~ ,?~2985 ::~ ~:~: F_o_r_c_ .e_ .A_ g ~_s_t Recordnet.com "From a fiscal standpoint, the success of such a plan ~rogr~...~!J!~!y would depend on whether you could carve out another 2.5.billion (dollars) in additional cuts to make room to pay the bond," said Brad Williams, an News Tracker economist with the nonpartisan Legislative Analyst's Office. ~.on...~peak~ to Member Economic Council on Poor While one Assembly insider said confidentially that Democrats probably aren't readY to "wave that white flag yet," another insider said "it's a good bet" the plan will be part of the deal that earns a two-thirds majority. House of Commons Say~ ~ No _[o__F_o._x_Hunting Subscribe~ "It would work," said Assemblywoman Barbara Matthews, D-Tracy. "But I'm Dinin Card worried about where do we get the $2.5 billion." Workers End Strike Ad Placer Record Desi n * TO reach Capitol Bureau Chief Will Shuck, phone (916) 441-4078 or ~...African Leaders Want e-mail U.S. in Liberia sacto @.r~co.r~!.!!~t.,.co.m i; i:: Get in the governor's chair and see if you can balance Hong Kong Protests '~"~'~% ~: the state budget with The Associated Press' interactive Anti-Subversion Law budget game. Raise taxes? Cut spending? How and where? Brace yourself for tough times and tough choices. Just Icg onto recordnet.com; the link is Peru's First Female PM right on our home page. ._Begi_ns N_ew..__R._o_.!_e_ eate.s Fren h B~ck ~O_.'[__o..p Arts Festivals i~ , 1 Subscribe - Subscribe online to have The Record delivered I ~c~!on. 119.l.d - if you are going on vacation, we can stop Stockton Ca~l , I your newspaper while you are away. Tt~e IVleetin Place San ~oa uin A+ Valle Home Finder ' Valleysuff.com Newspaper in Education Last modified: July 01 2003 03:53:16. Copyright © 2003 The Record, All Rights Reserved..!~.r!~.oy..!~.o!i~y.~.~!..~e.r.m~..~t.!J~.o. For more info contact webmaster@ recordnet,com Los Angeles Times: GOP Files Challenge to Tripling of Car Tax Page 1 of 3 cme buiide http ://www.latimes.com/news/local/la-me-budget2jul02,1,3566557.story?coil=la-home-headlines advertisement GOP Files Challenge to Tripling of Car Tax By Evan Halper and Dan Morain Times Staff Writers July 2, 2003 SACRAMENTO -- As California entered the new fiscal year without a budget or any plan to climb out of its multibillion-dollar budget hole, Republican legislators went to court Tuesday to dismantle the tripling of the car tax ordered by the Davis administration and set to take effect in October. State employees, meanwhile, balked at the governor's plea for 180,000 of them to give back raises of up to 7% that were negotiated last year and take effect today. The workers have been warned that if they do not accept salary freezes of a year or longer, as many as 10,000 will be laid off. The latest budget developments, which came the day after the deadlock caused the state to stop sending payments to nursing homes, community colleges and local schools, have political as well as practical consequences. The lawsuit challenging the higher car registration fee ensures that Gov. Gray Davis will be forced to defend an unpopular tax increase throughout the summer, even as groups seeking to oust him from office gather signatures in support of a recall election. And the negotiations with state employees put the governor in the position of seeking concessions from unions that have been among his major supporters in past campaigns. "This tax is illegal," Jon Coupal, president of the Howard Jarvis Taxpayers Assn., said of the car tax increase, while speaking at a news conference in front of the Superior Court building in Sacramento, where he filed the lawsuit. "The power to raise a tax rests squarely in the legislative branch." Four dozen GOP legislators joined Coupal in alleging that the administration had no authoritY to mmbuilde[ raise the tax by an average of $158 per car. The vehicle license fee increase would be a major patch on the state's budget hole -- providing about $4.2 billion per year, half the new taxes Democrats lhe ~ma~[ ~ seek. · fir~ a hett~iuh.: Republicans want to close the $38-billion budget hole without any new taxes. Administration officials say blame for the car tax increase lies with a provision in the 1998 law that reduced the tax to its current rate. According to that law, they say, the tax goes back up to its original rate of 2% of the value of a vehicle when the state does not have enough money to pay the rebates drivers have been getting as a result of the tax cut. "The law that Gov. [Pete] Wilson signed five years ago included a provision for an automatic trigger of the vehicle license fee back to its previous level," said Hilary McLean, spokeswoman for Davis. Under that interpretation, the Davis administration's act in restoring the fee is merely ministerial. But Republicans say that is a distorted reading of the law by administration officials. http://www~~atimes.~~m/temp~ates/misc/printst~ry.jsp?s~ug=~a-me-budget2ju~~2&secti~n=/printst~ry 7/2/2003 Los Angeles Times: GOP Files Challenge to Tripling of Car Tax Page 2 of 3 And Republicans and Democrats agree that frustrated drivers may see the governor's fingerprints on the tax increase. "One of the problems Davis has is he hasn't adequately explained -- and I'm not sure that he can adequately explain -- that this is written into law," said Sherry Bebitch Jeffe, a senior scholar in the School of Policy, Planning and Development at USC. "I don't believe voters trust Davis. They blamed him for the energy crisis, they blame him for the budget and they will blame him for the tripling of the [car fee], rightly or wrongly." GOP consultant Wayne Johnson said campaign workers for the recall frequently hear complaints about the car tax from voters while seeking their signatures at shopping malls and supermarkets to get the measure on the ballot. "It is top on the mind of a lot of people," he said. "It was nice when it went away [in 1998], but is absolutely devastating coming back. That money is spent. It went to buy shoes, for school, or whatever." Coupal said the state Constitution prevents the courts from blocking the collection of a tax until the appeals process has been fully exhausted in the case against it. But he said it is possible the courts could order the state to issue refunds to drivers if it is determined the tax is illegal. Such a scenario could prove disastrous for the state, as the billions of dollars collected would already have been spent. But McLean said the administration has no plans to set the money aside while the case it litigated. "If the state of California declined to take action anytime someone threatened a legal action, nothing would ever get done," she said. With debate over the car tax continuing, the Davis administration also is juggling the complex and politically fraught task of asking state workers to give back raises they were promised or risk layoffs. On Tuesday, Davis signed orders to extend a hiring freeze, eliminate money earmarked for 10,000 to 15,000 vacant positions, and send notices that could result in as many as 20,000 layoffs -- even though administration officials were quick to say they do not anticipate such an extreme step. Those steps were aimed in part at convincing unions to agree to salary cuts. "I believe the actions we are taking today will not only save us $250 million, it will hasten and accelerate negotiations," Davis said. The move to eliminate vacant positions is aimed at limiting the options of any state employee who may end up getting laid off. As it is, a worker cut from one department would have the fight to seek similar work in another department. But by cutting vacant positions, the administration would limit the ability of workers who are laid off from getting other state jobs. "It would be a disaster," Marty Morgenstem, director of the Department of Personnel Administration, said of the prospect of laying off 20,000 workers. "We oversee adoptions, children in foster care. We maintain freeways. We keep felons in jail. We arrest drunk drivers. We put out fires. We could not accomplish our task if we did that." But unless unions representing state workers agree to defer raises, Morgenstem and others said there will be layoffs, generally aimed at workers hired within the last 30 months. Labor representatives said Tuesday that they are willing to talk but that convincing their members to give up raises that already have been granted would not be easy. "If they come to us with something that is reasonable, we'll take a look at it and may take it to our members," said Lance Corcoran, executive vice president of the California Correctional Peace Officers Assn. http://www.latimes.com/templates/misc/printstory.j sp?slug=la_me.budget2julO2&section=/printstory 7/2/2003 Los Angeles Times: GOP Files Challenge to Tripling of Car Tax Page 3 of 3 State prison officers represented by the union expect to receive raises of up to 7% as of today. Alan Barcelona, head of the 7,300-member California Union of Safety Employees, noted that "everything is negotiable." "It is going to very hard for our officers to forgo a raise and take a pay cut for a significant length of time," Barcelona said. "Everybody has got mortgages." Even as the administration presses unions to accept pay cuts, some of the unions have been donating to the Democratic governor's campaign committee and to a committee established to fend offthe Davis recall. The California State Employees Assn., for example, gave Davis $10,000 last month. The organization, which represents about 100,000 state workers, has donated $450,000 to Davis since he took office in 1999. "We helped him get elected twice -- and we stand behind him," said Perry Kenny, president of the union. Even so, Kenny said he and his negotiators are unwilling to defer the pay hikes. "There is no incentive to give away the 5% pay." Times staff writer Gregg ,Jones contributed to this report. Ifl~u want other stories on this topic, search the Archives at latimes.com/archives. BClick here for article licensing and reprint options Copyright 2003 Los Angeles Times http://www.latimes.com/templates/misc/printstory.j sp?slug=la-me-budget2jul02&section=/printstory 7/2/2003 Los Angeles Times: Mood in the Capitol: Desperate Page 1 of 3 Sponsored by cme buil http://www.latimes.com/news/politics/la-me-sketchjul02,1,2415724.story?coil=la-headlines-politics STATEHOUSE JOURNAL Mood in the Capitol: Desperate advertisement By Peter Nicholas and Jenifer Warren Times Staff Writers July 2, 2003 SACRAMENTO -- They woke Tuesday to a new fiscal year that for California lawmakers was nothing to celebrate: angry constituents, testy colleagues, uncompromising party leaders and a pile of warnings from clinics and community colleges edging toward the brink. How glum was the mood under Sacramento's Capitol dome? Two members of the Assembly, drawing on their medical backgrounds, suggested that the problems of their body may go deeper than politics. They may be psychological -- a kind of bipartisan neurosis. Alan Lowenthal, who is both a third-term Democrat from Long Beach and a trained psychologist, said that he and GOP Assemblyman Keith Richman, a physician from Northfidge, are prepared to offer their colleagues a bit of professional help. "We thought we might hang a little wooden sign: 'Psychotherapy: five cents for legislators,'" Lowenthal said. "Keith's a doctor, so he offered to prescribe the drugs. We're desperate around here, and we're willing to do what we can to lift the mood." Not that the Legislature wasn't talking. There was plenty of that. John Burton, Democratic leader in the Senate, said he talks to his Republican counterpart Jim Bmlte "five times a day." Burton said he recently spoke to Gev. Gray Davis. What about? reporters asked. He looked skyward, exasperated. "The Giants-A's game," Burton said. On Tuesday, lawmakers met in party caucuses and in committee heatings. They talked in hallways and on phones, to one another, to constituents and to reporters. But for all the dialogue, neither sidecme uilde would budge when it came to the major points of disagreement: Democrats oppose deeper spending cuts; the Republicans won't abide a half-cent sales tax increase. Those same positions have l~ m~rl~ way prolonged the stalemate over months -- and now into the new fiscal year. to fi~ a helte~ j~h. For many veteran lawmakers, the emotions of the moment were mixed. They have been down this budget road before -- survived standoffs, weathered public scorn, endured the brinksmanship that ultimately produces the two-thirds vote necessary to pass a budget. Yet the forces at play are different this year, many conceded in interviews Tuesday. The financial stakes are higher, partisanship seems more acute, and the entire show is overshadowed by a gubernatorial recall effort that has injected election-year politics into what would normally be a midterm debate. http://www.latimes.com/templates/misc/printstory.j sp?slug=la-me-sketchjul02&section=/printstory 7/2/2003 Los Angeles Times: Mood in the Capitol: Desperate Page 2 of 3 '~lf the~'~ntensity of the debate was at least vaguely familiar to veterans, for newcomers, it could be dizzying. Because of the short tenure imposed by term limits, freshman lawmakers feel an urgency to build a record quickly and demonstrate they have what it takes to serve their constituents. The budget impasse is keeping all of that from happening. Beyond that, many rookies come out of local government, where political philosophy has little to do with fixing roads or scooping up trash. Sacramento, they observed, is a far different place. "I have 17 years' experience in local government and have been through many fiscal crises, but there was always a willingness to work together to get through it," said Assemblyman John Laird (D-Santa Cruz). "Here, it's very partisan, and there is no incentive for cooperation." Lawmakers said they are grimly aware of the stakes. Sen. Deborah Ortiz, a Sacramento Democrat, said her office phones were overloaded Tuesday with calls from state employees who fear they will not be paid their full salaries and may have to survive on the state minimum wage, as ordered by the state Supreme Court. She said other citizens are calling her, fearful that the school year might be shortened by two weeks to cut education costs. Ortiz said she and her fellow senators share a "real sense of the pain we are causing to others by not getting to the common ground and compromising. [We] feel responsible for the fear and uncertainty and the anger that is out there with the electorate." But still, no deal is at hand, she conceded. Through the Capitol on Tuesday, emotions ranged from bad to worse, crossing partisan and ideological lines. But there were some trends. Many Democrats appeared resigned, while some Republicans expressed satisfaction that at least they are not being taken for granted. Assembly Speaker Herb Wesson (D-Culver City) said: "We worked our guts off. I tried to come up with everything I could: conventional, unconventional, out of the box, on the side of the box, under the box." For Republicans, by contrast, the stalemate suggests that they at last have the attention of the state's majority party. After several budget years in which Democrats have gotten their way by peeling off a handful of Republican votes, Republicans now are preparing a list of spending cuts for consideration by the Legislature in the coming days. State Sen. Dick Ackerman, an Orange County Republican who is vice chairman of the Budget and Fiscal Review Committee, said of the Democrats: "Their realizing that we're not going to make any movement on tax increases and they're not going to buy off [Republican] members will lead them to more serious negotiations." GOP Assemblyman Bill Maze (R-Visalia) said he is "dismayed but not surprised" about the deadlock, and professed confidence that agreement would be reached -- once Democrats realize that "this is a spending problem, unequivocally." "I'm always hopeful, and I always believe we can move forward," Maze said. "The astonishing part to me is how Democrats are pointing fingers at us, saying we have no plan. They've controlled this house for years and have overspent continuously. And yet they stand up, look you in the face, and say, 'The problem is, we just need more money so we're going to tax you more.' I think the public is fed up with that." But regardless of who's to blame -- Democrats for overspending or Republicans for refusing to consider taxes -- some of those who work for the public worry that when the public gets fed up, it may not discriminate. "It's difficult not to describe my feelings with four-letter words," Richman said Tuesday. "I'm very angry and embarrassed to be a member of the Legislature that has not resolved this issue." http://www.latimes.corn/templates/misc/printstory.j sp?slug=la-me-sketchjul02&section=/printstory 7/2/2003 This story is taken from Politics at sacbee.com. Dan Walters: Car tax arbitrary, irrational; reinstating it makes perfect sense By Dan Walters -- Bee Columnist - (Published .Tuly 2, 2003) Taxation is, almost by definition, an arbitrary and wholly political act. Politicians decide what's to be taxed and what's not and much of tax policy is, therefore, nonsensical -- such as the disparate sales tax treatment of hot and cold foods. In that vein, it's irrational to levy property taxes on cars in the form of vehicular license fees -- treating them like land and houses -- while exempting other tools and pieces of personal property, such as computers or lawn mowers, or even other forms of wealth, such as shares of stock or jewelry. That said, it's perfectly logical, and even morally correct, for California's vehicle license fee (VLF), which was slashed by two-thirds in a series of actions by the Legislature and two governors, to be fully reinstated now that the state is experiencing its worst-ever budget crisis. The history of the VLF tax cut explains why. A half-decade ago, with the state experiencing an uptick in revenues as it emerged from recession, Republican lawmakers began agitating for a reduction in what they called the "car tax," knowing that it would be a popular move. The VLF, several hundred dollars a year on late-model cars (2 percent of value), is one of the few taxes that Californians pay directly by writing lump sum checks, rather than being withheld from their paychecks, like the income tax, or collected pennies at a time, like the sales tax. Pete Wilson, a Republican governor in his last year, wanted tax cuts to erase from the popular memory his advocacy of what had been the largest state tax increase in U.S. history early in his governorship. Democrats didn't particularly care for the car tax cut, and local government officials were worried because VLF proceeds -- billions of dollars each year -- went directly into their coffers as one of their very few unrestricted revenue sources. Although advocates of the VLF cut were promising that the state would "backfill" the lost revenues from a bulging state treasury, the local officials, having been burned by state politicians' promises in the past, worried that if the state's fiscal situation tightened up, the backfill could be reduced or eliminated. Thus was born the "trigger." Democrats and local officials insisted that if there was to be a car tax reduction, it would have to include provisions to reinstate it automatically if the state lacked enough money for the backfill. Wilson and Republican lawmakers agreed, and the tax was reduced. It was, as Republicans had hoped, a popular move and in the ensuing two years, with Democrat Gray Davis in the governor's chair, the car tax was slashed some more, until the total cut reached almost two-thirds of the original tax. But shortly after the last cut was enacted, the state's income tax revenues plunged, thanks to the meltdown of the high-tech industry. Although the state was running multibillion-dollar annual deficits in 2001 and 2002, the car tax cut and the backfill remained intact, and Davis and lawmakers covered them, like other state obligations, with billions of dollars in direct and indirect loans. It was bad fiscal policy but with the polls showing the VLF to be the most unpopular form of new taxation, politicians were reluctant to touch it. Finally, this year, with deficits soaring to unimaginable levels, Democrats clamored for restoration of the full car tax and the Davis administration, after much political maneuvering over responsibility, pulled the trigger. Republicans and anti-tax activists fumed, and on Tuesday, the Howard .larvis Taxpayers Association and Republican lawmakers filed suit, contending that the action is void because the state constitution says taxes can be raised only with a two-thirds vote of the Legislature. They may be legally correct; the courts ultimately will make that decision. But fiscally and morally, pulling the trigger was the right thing to do. The VLF reduction was predicated on the erroneous notion that the state's spike in dot-corn revenues would last forever and the trigger was written precisely to guard against the eventuality of a fiscal meltdown. Republicans, moreover, accepted the trigger as an integral part of the tax-cut legislation. Without it, the reduction would never have been enacted in the first place, so questioning it now is a breach of political contract. About the Writer The Bee's Dan Walters can be reached at (916) 321-1195 or dwa. ters@.~acbee.,c.om. Go to: S.a.cbee / .Ba. ck to...sto!~y Con_ta_(;~._.L!.~/Fee_d.b_a_ck I Pdv~.(;y.?olicy I 3~e_r. ms o~E_U_se News I Sports I Business I Po!Lti_(;.~ I Opinion I Entertainment I Lifestyle I Travel I Women Cars I C!~ss.i.~eds I HQmes I -!obs I yello.w....l~e.g.es Help I Newsletters I Site Map I Subscribe to the Print Edition I Traffic I Weather I Wireless Delivery About Us I Advertise in The Bee I Advertise Online I Contact Circulation Customer Service I Events [ Sacramento Bee Web sites ] Sacbee.com I SacTicket.com I Sacramento.com This article is protected by copyright and should not be printed or distributed for anything except personal use. The Sacramento Bee, 2100 Q St., P.O. Box 15779, Sacramento, CA 95852 Phone: (916) 321-1000 Copyright © The Sacramento Bee / vet. 4 BAKERSFIELD Department of Recreation and Parks Date: 6/25/2003 To: Stan Ford, Director of Recreation and Parks From: Paul Graham, Urban Forester Subject: Truxtun and California Avenue Median Tree Pruning The evergreen trees on California and Truxtun Avenues have over head hazards that require attention. From Oak St to Union Avenue the trees will be pruned to remove suspected hazards. Limbs that are dead or dying will be removed. The line of sight and vehicle clearance will be raised to a height of twenty feet. Very little thinning is expected. This job is being contracted to West Coast Arborists, Inc. The agreement requires an ISA Certified Arborist to oversee operations and ensure ISA pruning guidelines are followed. A Public Service Announcement will be printed in the Bakersfield Californian announcing expected schedule of pruning and a brief reason for the work being done. We expect the work to start mid-July and be complete within two weeks. C:\BUF Doc's~003~,dministrative\Memo's\Truxtun Pruning.doc Paul Graham Page 1 6/25/2003 BAKERSFIELD' Economic and Community Development Department MEMORANDUM : :d/~"~ June 30, 2003 TO: Alan Tandy, City Manager FROM: Donna L. Kunz, Economic Development Director SUBJECT: Status Report on S.E. Projects - $2 Million Brundaqe Lane Street Improvement Project Section 108 funds in the amount of $325,000 for construction 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 the Section 108 loan funds will become available to the City in August 2003. Construction is scheduled to start in December 2003 and be completed in February 2004. The Public Works is the lead agency. California Avenue Street Improvement Project Funds in the amount of $413,500 of Section 108 funds were budgeted for street improvements. They include installation of median streetscape, sidewalk and street lighting improvements. The improvements will be primarily targeted along California Avenue from Union Avenue to the railroad tracks - west of Washington Avenue. In addition, CDBG funds in the amount of about $100,000 for similar street improvements along California Avenue from Chester Avenue to Union Avenue. Design is scheduled to start in October 2003 and be completed in February 2004. Construction is scheduled to start in May 2004 and be completed in July 2004. Public Works is the lead agency. Lakeview Avenue Streetscape Project CDBG funds in the amount of $219,185 were budgeted for installation of streetscape improvements on Lakeview Avenue between East California Avenue and Virginia Avenue. Construction was completed was completed on March 26, 2003. Staff is exploring the costs and continuing in phases to the tracks, the streetscape using Southeast Redevelopment Funds. C:\Documents and Settings\dkramer\Local Settings\Temp\June30SEMemoTimeline.doc Union Avenue Street Improvement Project Section 108 funds in the amount of $61,500 have been budgeted for street improvements, which include installation of median streetscape, sidewalk and street lighting improvements on Union Avenue from California Avenue to Belle Terrace. Design is scheduled to be completed in August 2003. Construction is scheduled to start in November and be completed in December 2003. Public Works is the lead agency. East California Avenue Career Trainin~ 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 located at East California Avenue and South Robinson Street will be comprised of a 22,600 square foot training center, childcare center and office/retail space. Some interest has been expressed from Bakersfield College in establishing a satellite Construction Training Center and Outreach Program in this location. The college has applied for a special grant to develop this program and should hear of the awards in the next few months. 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. The statement identified about $740,815 available for qualified City economic development 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 inquiries for financial assistance. Staff is in the process of contacting those requesting financial assistance to define their funding need, obtain the required application materials and explaining the City's requirements in using CDBG funds. HACK has requested, and staff is reviewing, additional assistance for their East California Avenue Career Training Facility in the form of a $300,000 loan. Staff is also working with the Budget and Finance Committee to update some of the lending guidelines. The Economic and Community Development is the lead agency for the business loan fund. C:\Documents and Settings\dkramer~Local Settings\Temp\June30SEMemoTimeline.doc JUL - 20r33 BAKERSFIELD" Economic and Gommunity Development Department MEMORANDUM June 30, 2003 TO: Alan Tandy, City Manager (~ d/¢¢''~''/~ FROM: Donna L. Kunz, Economic Development Director SUBJECT: MILL PROJECT PRESENTATIONS Council Referral No. Ref000525 ICouncilmember Carson requested staff schedule presentations to the Southeast residents regarding this and other projects that will be affected by the developments. , Economic and Community Development staff will schedule a community meeting, to be held at the Martin Luther King, Jr. Community Center, in September regarding a slide presentation of the Mill Project and Citywalk. In addition, the developer for the Citywalk project will be in attendance to answer any questions the community may have. S:\DEBBIE'S\Council Referrals\Council Referral The Garden.doc MEMORANDUM CITY All'ORNEY'S OFFICE FAX 852-2000 PHONE 326-3721 July 1, 2003 TO: HONORABLE MAYOR AND CITY COUNCIL FROM: BART J. THILTGEN, City Attorney ALAN D. DANIEL, Deputy City Attorney SUBJECT: ALLRIGHT PARKING LOT (18TM & L STREETS) COUNCIL REFERRAL NO. Ref000507 Benham referred to City Attomey request that staff respond to citizen with clarification regarding City owned parking lots and privately owned lots. ; During the City Council meeting of June 25, 2003, Council Member Benham requested staff to respond to a citizen with clarification regarding City owned parking lots and privately owned lots. Background Please see the attached letter responding to a citizen complaint concerning privately owned parking lots. The City of Bakersfield does not, generally, control or otherwise legislate on private parking lots. Please note that Bakersfield Municipal Code section 10.32.160A states: No person shall park any motor vehicle, trailer, camper, boat or other mobile equipment on any unpaved area in any front yard .... or on any other unpaved public or private property which is not specifically permitted under this code. Section 10.32.150 of the Bakersfield Municipal Code prohibits parking for the purposes of sale. It states under section A: No person shall park any motor vehicle, trailer, camper... upon any public or private parking lot or any public or private property for the primary purpose of displaying such HONORABLE MAYOR AND CITY COUNCIL CONFIDENTIAL July 1, 2003 Page 2 vehicle thereon for sale, hire or rental, unless the property is duly licensed and zoned by the city to transact that type of business at that location. Califomia Vehicle Code sections 22658 et seq. allow a pdvate property owner to notify the "local traffic law enforcement agency" to cause the removal of a vehicle left on private property. There are the requirements for handicapped parking designations which also impact private property; however, outside of such limited rules the City of Bakersfield does not attempt to control parking on pdvate property. The citizen's complaint conceming the "ticket" basically revolves around notices given by AIIdght Parking. AIIdght Parking included their phone number with the notice. The notice is basically demanding a fee be paid for trespassing upon the land of AIIdght Parking. This is a civil matter between AIIright Parking and the individual who received the "ticket.". Should the citizen refuse to pay the ticket AIIdght Parking would have to bdng a civil damages action against the citizen in order to recover their "fees." Whether or not AIIdght could recover the funds requested for a simple trespass may be open to conjecture; however, it will be up to the courts and not the City of Bakersfield to determine whether or not these fees can be collected and in what amounts. BJT/ADD:Isc Attachment cc: Alan Tandy, City Manager Pamela McCarthy, City Clerk Debbie Lund, Acting Administrative Asst. S:\COUNClL\REFERRALSV~J. LRIGHTPARKINGBENHAM.DOC CITY ATTORNEY l,,~ Bart J. Thiitgen '~ ASSISTANT CITY ATTORNEY Robert M. Sherry DEPUTY CITY ATTORNEYS '~' ? ~ Alan D. Daniel Allen M. Shaw Michael (3. Allford Jan~ce Scanlan ~ c.~o CITY OF BAKERSFIELD Andrew C. Thomson OFFICE OF TItE CIT~ ATI'ORNE¥ 1501 TRUXTUN AVENUE BAKERSFIELD. CA 93301 TELEPHONE: 661-326-3721 FACSIMILE: 661-852-2020 June 30, 2003 Ms. Ellen J. Kuntz 12724 South Union Avenue Bakersfield, CA 93307 Re: AIIright Parking Dear Ms. Kuntz: Concerning your letter of June 24, 2003, the parking area which you refer to in your letter is a private parking lot. This parking lot is posted with a sign saying it is a private parking lot and payment is required before one can use it. The so-called "parking violation" notice you received is purely civil in nature. The City of Bakersfield does not control private parking lots, the fees charged at these lots or the enforcement and collection of these fees. If you wish further advice on this matter you may wish to consider hiring an attorney to represent you. Your own attorney can advise you as to whether or not you have a cause of action against AIIright Parking for deceptive business practices. Very truly yours, ~ ALAN D. DANIEL .... Deputy City Attomey ADD:Isc cc: AIIright Parking 1600 18th Street Bakersfield, CA 93301 S:\COUNCIL\Letters\Kuntz,AIIdghtParking.doc B A K E R S F I E L D OFFICE OF THE CITY MANAGER MEMORANDUM June 30,2003 TO: Alan Tandy, City Manager FROM: F~an Christensen, Assistant City Manager SUBJECT: SPCA Funding Council Referral #000529 Councilmember Benham requested staff respond in writing to Mr. McLean's correspondence regarding SPCA funding by providing information about other non- profits and their requirement to take cuts and agree to contingent reductions. Staff responded to Mr. and Mrs. McLean via electronic mail. The response is attached. Attachment From: Alan Christensen To: Date: 6/30/03 11:36AM 'Subject: Response to SPCA Suggestion Mr. and Mrs. McLean, Thank you for your interest in the transition of animal control services from the SPCA to the City. For some citizens, animal control services are not as high a priority as police and fire.protection; however, it is still the City's responsibility to provide that service, and we cannot shrink from out duty to do so. We appreciate your comment that we "have enough to do already." It is true that the struggling economy has reduced our ability to provide some basic services. Right now we have 50 full-time positions left vacant, including 15 police officer.positions. We've also eliminated 160 part-time positions. In addition, the state legislature is considering a budget that would further decimate our budget. The cuts being considered from the state equate to an additional 83 full-time city positions. Because we've asked all departments of the City, including police and fire, to make significant budget cuts, we felt it only fair that organizations contracting with the City face the same cuts. All such agencies were told back in January that cuts would be necessary. The Bakersfield Museum of Art, the Bakersfield Symphony, and Bakersfield schools providing crossing guard services agreed to cuts we proposed. However, the SPCA felt they could not absorb cuts and continue to provide the service. Therefore, both sides chose to terminate the contract. For many years the SPCA contracted with the City for animal control services, and they did a fine job. Now the City will be responsible for it in the short term. We hope to form a cooperative relationship with Kern County,' which also provides animal services, over the longer term. We hope the change in service will not be disruptive to the public. If we can be of further assistance, please call or email me. LI JUL -' 2. 2003 CITY OF BAKERSFIELD MEMORANDUM July 1, 2003 TO: ALAN TANDY, CITY MANAGER FROM: RAUL M. ROJAS, PUBLIC WORKS DIRECTOR SUBJECT: LIGHT SYNCHRONIZING Council Referral #510 IN RESPONSE TO CORRESPONDENCE FROM JACK BOYD, COUNCILMEMBER BENHAM REQUESTED STAFF LOOK INTO HOLDING A WORKSHOP REGARDING LIGHT SYNCHRONIZING. The Traffic Engineer will be developing a workshop for the City Council regarding traffic signal operation and coordination with traffic signal synchronization programs in the City of Bakersfield. Major segments of arterial streets in the City have been coordinated with signal synchronization since the early 1980's. Nearly one-half of the 270 plus traffic signals operated by the City of Bakersfield are in coordinated traffic signal synchronization during a portion of the day. The heaviest usage of signal synchronization occurs during the peak commuting hours in the morning and in the afternoon. During those times, the traffic coordination is prioritized for the heaviest directional flow of traffic. For example, the heaviest flow of traffic on Stockdale Highway is in the eastbound direction in the morning commute hour. The traffic signals are synchronized for an eastbound coordinated flow. Drivers going westbound at this time of day will experience more delay since the eastbound direction has the priority. The workshop will explore this challenge to accommodate traffic flow, our current signal programming priorities and future improvement concepts for smooth traffic flow as the volumes increase on our City streets. G:\GROUPDA%Referrals~003\CC Mtg 07-09\510 - TRAF.doc B A K E R $ F I E L D CITY OF BAKERSFIELD MEMORANDUM July 2, 2003 TO: ALAN TANDY, CITY MANAGER FROM: RAUL M. ROJAS, PUBLIC WORKS DIRECTOR ~ SUBJECT: GET BUSES BLOCKING TRAFFIC ON MAIN PLAZA Council Referral #528 COUNCILMEMBER BENHAM REQUESTED STAFF REVIEW ATTACHED CORRESPONDENCE FROM MR. MCLEAN REGARDING GET BUSES BLOCKING LANES OF TRAFFIC ON EAST SIDE OF MAIN PLAZA DRIVE, NORTH OF ROSEDALE HGHWAY. The Traffic Engineer is working with Golden Empire Transit to reduce the problem of multiple buses blocking traffic at the transit stop on Main Plaza Drive. This location is not intended to be a major stop or terminal stop where the buses would park for several minutes. Buses should normally have a short dwell time as they pick up or drop off passengers. Mr. Emory Rendes of GET will be working with the Traffic Engineer on this matter. If the problem cannot be solved with scheduling changes, a striping change to the street or a change in location of the bus stop may be implemented. G:\GROUPDAT~Referrals~2003\CC Mtg 07-09\528 - TRAF.doc i-~i{~j' C'0'U n~;il '- 'coun Cii"meetin g J une 25th ....... From: William Mc Lean <kiwimac@webtv.net> To: <cily_council@ci.ba kersfield.ca.us> Date: Wed, Jun 25, 2003 12:19 AM (}3 JUI~ 25 F~ Subject: Council meeting June 25th Dear Council Members: Please consider the following question and suggestion. Queslion: Why are GET buses allowed to block a lane of traffic on the east side of Main Plaza Drive north of Rosedale Hwy. and south of Granite Falls Drive? I have observed as many as four buses parked at this stop for an extended time period of 5 to 10 minutes while the drivers take a break, chat, eat, smoke, etc. Before an accident occurs from someone changing lanes to avoid the parked buses, the lane striping needs to be altered so as to provide a wide enough space for the buses to park oul of the right hand traffic lane. There is room to do this as the painted center divider/turning lane is super wide in this area. Please see to this before someone is injured!l! Suggestion: If the City needs to further reduce the contract amount to the SPCA by $50,000 in the event of additional reductions from the State Legislature, why not reduce the salaries of the City Manager and 5 or 6 other of the highest paid city employees by 10% which would be more than enough to eliminate Ihe need for the additional reduction of $50,000 for the animal control services rendered so capably by the local SPCA. Does the City really need to get involved in the day to day business of dogs and cats? You have enough on your plates already! Thank you, William & Gloria McLean 10502 Trophy Court Bakersfield, CA 93312 Dis1 Ma~, CoL Cit) Cit) Otb By, Dat JUL - 2 2003 .......... CITY OF BAKERSFIELD MEMORANDUM July 2, 2003 TO: ALAN TANDY, CITY MANAGER FROM: RAUL M. ROJAS, PUBLIC WORKS DIRECTOF~/~~_ SUBJECT: CALL BOX ON BIKE PATH Council Referral #509 COUNCILMEMBER BENHAM REQUESTED STAFF CHECK THE CONDITION OF THE CALL BOX ON THE BIKE PATH LOCATED IN THE RIVIERA WESTCHESTER AREA, WHICH MAY BE BURNED AND IN NEED OF REPAIR. On May 27, 2003, a call box on the bike path was vandalized and destroyed. The call box was located across the street from 2901 Elm Street. The incident was turned over to the Police Department for investigation. A copy of the Police report is attached. On June 17, 2003, after receiving the completed report from Police, an equipment damage report was made by Communications and filed with Risk Management. A copy is attached. Included with the report were pictures of the fire damaged call box. On June 26, 2003, an order was placed with Comarco Wireless Technologies for a new call box. On June 27, 2003, the destroyed call box and pole were removed from the above location. The estimated cost to replace the call box is $5,500. We will be able to install the new call box within 1 week of delivery, which should be in 30 days. G:\GROUPDA'I~Referrals~2003\CC Mtg 07-09\509 - COMM.doc CI~ OF BAKERSFIELD FIRE DEPARTMENT Incident Report Page Prepared: 6/16/03, 15:17:27 Program: FI200L A 15005 CA 5/27/03 Station #1 01-2003-0026401-000 ~FI~ - FDID State Incident date Station Incident number Basic B No Adjacent to Yes Alternative locatio~ Census tract ~ocation ~ 2901 ELM ST, BAKERSFIELD, CA, 93301 ~ COutside equipment fire Incident D None Aid given or received E1 Date Time S2 A Shift BATTALION lA Alarm 5/27/03 12: 09: 19 S~ift AlarmB District Arrival 5/27/03 12:09:30 Controlled 0/00/00 0: 00: 00 ·.ast uzzit cleared 5/27/03 13:27:17 F Investigate Primary action taken (1) G1 Yes Apparatus PersoPpel No G2 LOSSes Value ]~at~s/ Su~ressio~ 0 0 ~esource counts Property 5500 5500 ~erso--el ~NS 0 0 include aid Co,tent. 0 0 form used ot~er 1 0 received resources H1 Deaths Injuries ~3 None Fire service 0 0 ~azaxdo~s materials release Civilia~ fire 0 0 I Not mixed use J None Nixed use property Property use K1 AP3 Reportin9 party Name In~olv~me_"t type Phone mAmber 000000, CA 0/00/0000 A~lres8 Gender Age Birt~ date Eace M BASIL L. RIOS Fire Captain/Suppression CAPT 5/27/03 Officer in charge ~ositlon or rank Assi~.~m~.~t Date CITY OF BAKERSFIELD FIRE DEPARTMENT Incident Report Page Prepared: 6/16/03, 15:17:27 Program: FI200L A 15005 CA 5/27/03 Station #1 01-2003-0026401-000 NFIRS FDID State Incident date Station Incident number B1 Not residential C None Estimated number of On-site material 1 residential units B2 Buldings not involved Number of buildings involved B3 None Acres burned (outside fires) D1 Equipment or service area, other E1 Intentional Area of fire origin Cause of ign/tion D2 Fireworks E2 None Heat source Factor 1 contributing to ignition D3 Electrical wire, cable insulation E3 None Item first i~nited H,,m~. factors contributing to i~nition No Spread confined to object of origin D4 Type of material first ignited, other Type of material first i~n/ted F1 None F2 ~qui~gt involved in i~ti~ G None Fire auppreaaion factor 1 HI None H2 Mobile property involved Nobile property type Nobile property make Mobile property model 0000 Year License plate State CITY OF BAKERSFIELD FIRE DEPARTMENT Incident Report Page 3 Prepared: 6/16/03, 15:17:27 Program: FI200L A 15005 CA 5/27/03 Station #1 01-2003-0026401-000 ~I~ - 9/10 PDID State Incident date Station Incident number Apparatua/Personnel B A~paratua Type Personnel Use Action taken AP3 Other apparatus/resource 0 Other Yes Dispatched 5/27/03 12:09:25 At Scene 5/27/03 12:09:30 Completed Assignment 5/27/03 13:27:17 CITY'OF BAKERSFIELD FIRE DEPARTMENT Incident Report Page 4 Prepared: 6/16/03, 15:17:27 Program: FI200L A 15005 CA 5/27/03 Station #1 01-2003-0026401-000 ~DID State Incident date Station Incident number Naxxatives Narrative type: 'Incident Narrative title E~try date Entered by employee Dispatch narrative 5/27/03 000000000 KR 24/PHONE BOOTH/FIRE OUT/AP3 97 'KEYMAP: 10330A ** LOI search completed at 05/27/03 12:09:19 BIKE PATH ** Event Location changed from "~STA1 : 2101 H ST BAK" to "2901 ELM ST BAK" at: ** >>>> by: PAMELA CHESBROUGR on terminal: eccd3 ** LOI search completed at 05/27/03 12:54:50 CALL BOX/PHONE FIRE-OUT Narrative title Entry date Entered by employee AP3 narrative 5/27/03 140 BASIL L. RIOS Incident Date: 05-27-2003 Incident Number: 03-26401 Location: 2901 Elm Street, Bike path call box. Summary: This was a fire in a call box along the bike path at 2901 Elm Street.All accidental cause for fire ignition was eliminated. Neighbors report seeing two juveniles running from the scene and hearing a loud explosion prior to the discovery of the fire incident. The use of fireworks as an explosive device can not be eliminated as the cause of fire ignition. No suspect information is available. This fire is still under investigation. Basil Rios, Fire Investigation Unit Bakersfield Fire Department 1517 Chester Avenue, suite 300 93301, Phone (661) 326-3951 CITY OF BAKERSFIELD EQUIPMENT DAMAGE REPORT INSTRUCTIONS: This form is to be filled out only when a Supervisor's Accident Investigation Report is not required. EMPt. OYEE NAME ITELEPHONE NO. EMPLOYEE None I INVOLVED ~oe TITLE IDEPARTMENT/DIVISION DATE OF DAMAGE I 5/27/2003 TIME 12:09 am. EQUIPMENT/ LOCATION IEQUIPMENT NO, DAMAGE 2901 Elm Streetr Bakersfield, CA 93.'- ~Bike Path call box KR24 INFORMATION DESCRIBE EQUIPMENTNEHIGLE DAMAGE Call box used for 911 calls only. INCIDENT/HOW WA~ DAMAGE CAUSED: This was a fire in a call box along the bike path across the street from the above address. All accidental cause for fire nition was eliminated. Witness report seeing two juveniles running from the scene and hearing a loud explosion to the discovery of the fire incident. The use of fireworks as an explosive device can not be eliminated as the niti0n. No suspect information is available, This fire is still under investigation. (From Basil Rios, Fire Unit, incident report, incident number 01-2003-0026401-0000). SIGNATURE DATE SU SIGNATURE DATE RISK MANAGEMENT FLEET MAINTENANCE SERVICES DEPARTMENT/DNISION B A K E R S F I E L D CITY OF BAKERSFIELD MEMORANDUM July 2, 2003 TO: ALAN TANDY, CITY MANAGER FROM: RAUL M. ROJAS, PUBLIC WORKS DIRECTOR SUBJECT: GRAFFITI ON UTILITY BOXES Council Referral #512 COUNCILMEMBER MAGGARD REQUESTED STAFF DETERMINE IF THE UTILITY COMPANIES CAN BE HELD ACCOUNTABLE FOR CLEANING GRAFFITI OFF OF UTILITY BOXES AND, IF SO, CONTACT THEM TO REQUEST GRAFFITI BE REMOVED. Crews currently do remove graffiti from all utility boxes except those owned by the railroad. If graffiti is seen on the utility boxes it should be reported to the Anti-Graffiti office for removal. G:\GROU PDA%Referrals~2003\CC Mtg 07-09\512 - GS.doc B A K E R S F I E L D PUBLIC WORKS DEPARTMENT CITY OF BAKERSFIELD MEMORANDUM July 1, 2003 TO: ALAN TANDY, CITY MANAGER RAUL M. ROJAS, PUBLIC WORKS DIRECTOR ~ FROM: SUBJECT: REQUEST PG&E FOR SHOULDER ON PANORAMA Council Referral #513 COUNCILMEMBER MAGGARD REQUESTED STAFF ASSIST HIM IN ASKING PG&E IF THEY WOULD HELP IN PUTTING A SHOULDER ON PANORAMA IN THE AREA WHERE THERE ARE TWO POWER LINES, WEST OF THORNER SCHOOL, AND THE BIKE PATH ON BOTH SIDES OF PANORAMA. Staff has made inquiry to PG&E regarding their participation in the funding the construction of widening this section of Panorama Drive. At this location, PG&E's facilities, as well as those owned by Southern California Edison Company, are within an easement that crosses land owned by Panorama Highlands Development Company. As this section of Panorama Drive is designated as a bike route, the proposed improvements should, at a minimum, include a five- to six-foot wide bike lane adjacent to the existing travel lanes and then an eight-foot wide paved shoulder. This would add thirteen to fourteen feet on each side of the existing twenty-six foot wide pavement, bringing the total pavement width to approximately fifty-four feet. With an additional five feet of new pavement and curb and gutter on each side of the street, the ultimate width for this road section could be achieved. Staff will prepare a cost estimate for these options in construction of this improvement as well as review possible sources of funding including a contribution from PG&E. A follow-up report will be presented at a later date. G:\GROUPDAT~Referrals~003\CC Mtg 07-09~513 - ENG.doc B A K £ R S F I E L D CITY OF BAKERSFIELD MEMORANDUM July 2, 2003 TO: ALAN TANDY, CITY MANAGER FROM: RAUL M. ROJAS, PUBLIC WORKS DIRECTOR SUBJECT: GRAFFITI ON SO. H AND CUSTER Council Referral #000527 COUNCILMEMBER SALVAGGIO REQUESTED STAFF TAKE ANOTHER LOOK AT PREVIOUSLY REMOVED GRAFFITI ON THE WALL ALONG SOUTH H NEAR THE CUL DE SAC ON CUSTER. PREVIOUS REMOVAL HAS CAUSED A SHADOW. The graffiti cannot be completely removed by power washing. To completely eliminate the graffiti, staff will paint over the graffiti by the end of the week. G:\GROUPDAT~Referrals~003\CC Mtg 07-09~527 - GS.doc