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HomeMy WebLinkAbout01/30/04 B A K E R S F I E L D CITY MANAGER'S OFFICE MEMORANDUM January 30, 2004 TO: Honorable Mayor and City Council FROM: Alan Tandy, City Manager/-~ SUBJECT: General Information 1. As of Thursday afternoon, the Westside Police Station had three construction issues to resolve to be ready to have a Certificate of Occupancy issued. Fire Station No. 15 has 119! A report is enclosed. 2. At the staff level, we are continuing to work on the various budget scenarios that might come about as a result of State actions, as I indicated during my January 14th presentation to Council on that subject. Our efforts to downsize, to date, have been primarily based on attrition and luck, so departments have had varying degrees of severity of impact. In working on the future alternatives, we will attempt to take into account Council priorities for public safety and streets, special conditions such as not cutting revenue producing positions, and finally, considering damages and employee loss to date in the budget plans. Thus, the future plans would hopefully be more balanced than what has taken place to date. 3. The media has not yet picked it up, but Bakersfield is joining 20+ other charter cities in filing litigation to stop the "triple flip," which is one of the actions of the past legislative session. It threatens our largest revenue source, the sales tax. 4. In reference to Councilmember Maggard's suggestion on cost savings efforts related to the large volume of paper included in the Council packets, we are looking at some possible ways to trim it down. The City Clerk has already reduced the number of packets, and has eliminated mailings and encouraged the use of on-line access for minutes and agendas for the public and staff. As we continue to look for more ways to cut back, we welcome your suggestions, so please contact the City Clerk if something comes to mind. 5. At the request of Council, the Executive Director of the League of California Cities, Chris McKenzie, is scheduled for the February 11th meeting agenda to talk about their efforts on behalf of local government. McKenzie will also be speaking about the League's proposed initiative for the November ballot that is designed to increase local control over tax dollars, known as the "Local Taxpayers and Public Safety Protection Act". A packet with background on that issue is enclosed for your review. Honorable Mayor and City Council January 30, 2004 Page 2 6. The Convention and Visitors Bureau is moving into their attractive new office at 515 Truxtun. We still own the adjacent mini park and we will be sprucing that up in the near future. When the CVB is settled in a bit more, they will hold an event or reception. 7. For months, staff has been meeting with a variety of property owners north of Snow Road about annexation. Some have been talking to Shafter and/or Kern County to compare developing in their jurisdictions to Bakersfield. It is, of course, in the long-term interest of the City to apply our standards to development, to plan for infrastructure, and, generally, to expand the City in a rational, planned manner! The sessions with the groups we have met with have gone generally well. To our surprise, recently the Planning Commission came out of left field and, on a 4 - 3 vote, turned down the first of the applicants to come in. We will bring it before the City Council to correct this error. Their action was contrary to City Council goals and months of effort by staff. 8. Staff is likely to bring forward a recommendation to you to drop the 10-ton annual air pollution "insignificant impact" measure. If we take that to zero, it shows leadership towards reducing air pollution more than is required by State law, and will strengthen our position on future lawsuits. 9. The Economic and Community Development Department Activity Report covering the second quarter of FY 2003-04 is enclosed. 10. A memo is enclosed from Economic Development listing the Intra-City proposals 'that have been received for FY 2004-05, CDBG Assistance. 11. Attached is the January CIP Report update. 12. Per the enclosed report, the Building Division is continuing the process of updating the City's URM list. Of the 205 URM buildings within the City, 164 meet the City's ordinance, and 14 property owners have obtained retro-fit permits, but have either decided not to follow through or simply failed to schedule a final building inspection. There are no mitigation measures pending for the remaining 27. Investigations are continuing. 13. The December statistics for the Red Light Photo Enforcement system are enclosed. 14. Responses to Council requests are enclosed, as follows: Councilmember Sullivan · Follow-up to a previous referral regarding the road conditions at the railroad crossing of Morning Drive and Edison Highway; Councilmember Salvaggio · Report on increased patrol on the 1400 block of Clipperhills Drive; · Status of Police response to neighborhood concerns of 1800 Mallard Court. AT:rs:al cc: Department Heads Pam McCarthy, City Clerk Trudy Slater, Administrative Analyst Fire Station #15 Report as of Jan 29, 2004 On Jan 26, City staff, Contractor and Design Consultant did a job site walk through that generated 144 items onto a punch list. As of Jan 29, Colombo has completed 25 of those items. Colombo anticipates completing the remaining items on that punch list by mid - to late - next week. We can then schedule a final inspection with the Building Department. Westside Police Substation Report as of Jan 29, 2004 Colombo has three items left on the punch list that was prepared at the job site walk through. In addition, on Jan 26, City Building Department added a requirement for two brand new items; an additional roof access ladder and changing out all the lavatory faucets to have automatic closing valves. On Jan 27, PW Department staff has inquired to Assistant Building Director as to whether or not those items are really necessary. As of Jan 29, we do not have an answer on those items. S:\PROJECTS~,RNOLD\Fire Station 15_Westside Police Substation\Construction Completion Status.doc B A K E R S F I E L D OFFICE OF THE CITY MANAGER MEMORANDUM January 27, 2004 TO: ALAN TANDY, CITY MANAGER FROM: TRUDY SLATER, ADMINISTRATIVE ANALYST III ~ ~ SUBJECT: EDUCATIONAL INFORMATION ON LOCAL TAXPAYERS AND PUBLIC SAFETY PROTECTION ACT A long-standing member of the League of California Cities, the Bakersfield City Council requested that Chris McKenzie, Executive Director of the League of California Cities attend a City Council meeting to provide information on the League's activities. Part of his presentation will be education on.the League's proposed "Local Taxpayers and Public Safety Protection Act," an initiative designed to increase local control over local tax dollars. The ballot measure is proposed for the November 2004 election. Attached to this' memo is educational information on the initiative (downloaded from the League as of January 21, 2004). Included in the attached information is the Title and Summary by the Attorney General, the language of the Act, and questions and answers on the measure. Language in the initiative states "The People of the State of California find that restoring local control over local tax dollars is vital to insure that local tax dollars are used to provide critical local services..." The initiative requires a 2/3rds vote of the Legislature and voter approval for any reduction, based on January 1, 2003 levels, of local governments' vehicle license fee revenues, sales tax powers and revenues, and proportionate share of local property tax revenues. It permits the Legislature to create tax exceptions and reduce vehicle license fee revenues without voter approval only if legislation reimburses local government for lost revenues. It provides that local government may, with limited exceptions, suspend performance of state mandate if State fails to reimburse local government within 180 days of final determination of state-mandated obligation. The Legislative Analyst and the Director of Finance summarize the effects of the initiative over time as higher and more stable local government revenues than otherwise would have been the case and significant changes in state finance, potentially including higher state taxes than otherwise would have been the case or lower spending on state programs. The magnitude of the state fiscal effect would be commensurate with the measure's impact on local government. P:\L&L\Educational Information Attachments Title and Summary By Attorney General File No.: SA2003RF0053 January 2, 2004 LOCAL FUNDS AND REVENUES. STATE MANDATES. INITIATIVE CONSTITUTIONAL AMENDMENT. Requires two-thirds vote of Legislature and voter approval for any reduction, based on January 1, 2003 levels, of local governments' vehicle license fee revenues, sales tax powers and revenues, and proportionate share of local property tax revenues. Permits Legislature to create tax exemptions and reduce vehicle license fee revenues without voter approval only if legislation reimburses local government for lost revenues. Provides that local government may, with limited exceptions, suspend performance of state mandate if State fails to reimburse local government within 180 days of final determination of state-mandated obligation. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local governments: Over time, the initiative would have the following major fiscal effects: Higher and more stable local government revenues than otherwise would have been the case, possibly in the range of several billion dollars annually. Significant changes to state finance, potentially including higher state taxes than otherwise would have been the case-or lower spending on state programs. The magnitude of the state fiscal effect would be commensurate with the measure's impact on local government. THE LOCAL TAXPAYERS AND PUBLIC SAFETY PROTECTION ACT SECTION ONE. Short Title. These amendments to the California Constitution shall be known and may be cited as the LOCAL TAXPAYERS AND PUBLIC SAFETY PROTECTION ACT. SECTION TWO. Findings and Purposes (a) The People of the State of California find that restoring local control over local tax dollars is vital to insure that local tax dollars are used to provide critical local services including police, fu'e, emergency and trauma care, public health, libraries, criminal justice, and road and street maintenance. Reliable funding for these services is essential for the security, well-being and quality of life of all Californians. (b) For many years, the Legislature has taken away local tax dollars used by local governments so that the State could control those local tax dollars. In fact, the Legislature has been taking away billions of local tax dollars each year, forcing local governments to either raise local fees or taxes to maintain services, or cut back on critically needed local services. (c) The Legislature's diversion of local tax dollars from local governments harms local governments' ability to provide such specific services as police, fire, emergency and trauma care, public health, libraries, criminal justice, and road and street maintenance. (d) In recognition of the harm caused by diversion of local tax dollars and the importance placed on voter control of major decisions concerning government £mance, and consistent with existing provisions of the California Constitution that give the people the right to vote on fiscal changes, the People of the State of California want the right to vote upon actions by the State government that take local tax dollars from local governments. (e) The Local Taxpayers and Public Safety Protection Act is designed to insure that the People of the State of California shall have the right to approve or reject the actions of state government to take away local revenues that fund vitally needed local services. (f) The Local Taxpayers and Public Safety Protection Act strengthens the requirement that if the State mandates local governments to implement new or expanded programs, then the State shall reimburse local governments for the cost of those programs. (g) The Local Taxpayers and Public Safety Protection Act does not amend or modify the School Funding Initiative, Proposition 98 (Article XVI, section 8 of the California Constitution). (h) Therefore, hhe People declare that the purposes of this Act axe to: (1) require voter approval before the Legislature removes local tax dollars from the control of Local Government, as described in this measure; (2) insure that local tax dollars are dedicated to local governments to fund local public services; (3) insure that the Legislature reimburses local governments when the State mandates local governments to assume more financial responsibility for new or existing programs; and (4) prohibit the Legislature from deferring or delaying annual reimbursement to local governments for state- mandated programs. SECTION THREE. Article XIIIE is hereby added to the California Constitution to read as follows: ARTICLE XIIIE Local Taxpayers and Public Safety Protection Act Section 1. State-wide Voter Approval Required. (a) Approval by a majority vote of the electorate, as provided for in this section, shall be required before any act of the Legislature takes effect that removes the following funding sources, or portions thereof, from the control of any Local Government as follows: (1) Reduces, or suspends or delays the receipt of, any Local Government's proportionate share of the Local Property Tax when the Legislature exercises its power to apportion the Local Property Tax; or requires any Local Government to remit Local Property Taxes to the State, a state-created fund, or, without the consent of the affected Local Governments, to another Local Government; (2) Reduces, or delays or suspends the receipt of, the Local Government Base Year Fund to any Local Government, without appropriating funds to offset the reduction, delay or suspension in an equal amount; (3) Restricts the authority to impose, or changes the method of distributing, the Local Sales Tax; (4) Reduces, or suspends or delays the receipt of, the 2003 Local Government Payment Deferral; or (5) Fails to reinstate the suspended Bradley-Bums Uniform Sales Tax Rate in accordance with Section 97.68 of the Revenue and Taxation Code added by Chapter 162 of 2003 Statutes; or reduces any Local Government's allocation of the Property Tax required by Section 97.68 while the Sales Tax Rate is suspended. 2 (b) A vote of the electorate, as provided in this section, shall also be required if an act of the Legislature that establishes classifications or exemptions from the Local Property Tax or the Local Sales Tax does not include a continuous appropriation to reimburse Local Governments for the actual loss of revenue from those classifications or exemptions. (c) Prior to its submission to the electorate, an act subject to voter approval under this section must be approved by the same vote of the Legislature as is required to enact a budget bill and shall not take effect until approved by a majority of those voting on the measure at the next statewide election in accordance with subdivision (d). (d) When an election is required by this section, the Secretary of State shall present the following question to the electorate: "Shall that action taken by the Legislature in [Chapter of the Statutes of ], which affects local revenues, be approved?" Section 2. Definitions (a) "Local Government" means any city, county, city and county, or special district. (b) "Local Government Base Year Fund" means the amount of revenue appropriated in the 2002-2003 fiscal year in accordance with Chapters 1 through 5, commencing with section 10701 of Part 5 of Division 2 of the Revenue and Taxation Code, adjusted annually based upon the change in assessed valuation of vehicles that are subject to those provisions of law. In the event that the fees imposed by those provisions of law are repealed, then the Fund shall be adjusted annually on July 1 by an amount equal to the percentage change in per capita personal income and the change in population, as determined pursuant to Article XIIIB. (c) "2003 Local Government Payment Deferral" means the amount of revenues required to be transferred to Local Government from the General Fund specified in subparagraph D of paragraph 3 of subdivision (a) of section 10754 of the Revenue and Taxation Code in effect on August 11, 2003. (d) "Local Property Tax" means any Local Government's January 1, 2003 proportionate share of ad valorem taxes on real property and tangible personal property apportioned pursuant to the Legislature's exercise of its power to apportion property taxes as specified in Article XIIIA, section 1. "Local Property Tax" also means any Local Government's allocation of the ad valorem tax on real property and tangible personal property pursuant to Article XVI, section 16. (e) "Local Sales Tax" means any sales and use tax imposed by any city, county, or city and county pursuant to the Bradley-Bums Uniform Sales and Use Tax (Chapter 1 of Part 1.5 of Division 2 of the Revenue and Taxation Code) in accordance with the law in effect on January 1, 2003. 3 (f) "Special District" means an agency of the State, formed pursuant to general law or special act, for the local performance of governmental or proprietary functions with limited geographic boundaries, including redevelopment agencies, but not including school districts, community college districts, or county offices of education. (g) "State" means the State of California. Section 3. Interim Measures (a) The operation and effect of any statute, or portion thereof, enacted between November 1, 2003 and the effective date of this Act, that would have required voter approval pursuant to Section 1 if enacted on or after the effective date of this Act (the "Interim Statute"), shall be suspended on that date and shall have no further force and effect until the date the Interim Statute is approved by the voters at the first statewide election following the effective date of this Act in the manner specified in Section 1. If the Interim Statute is not approved by the voters, it shall have no further force and effect. (b) If the Interim Statute is approved by the voters, it shall nonetheless have no further force and effect during the period of suspension; provided, however, that the statute shall have force and effect during the period of suspension if the Interim Statute or separate act of the Legislature appropriates funds to affected local governments in an amount which is not less than the revenues affected by the Interim Statute. SECTION FOUR. Article XIIIB Section Six (6) is hereby amended as folloWs: SEC. 6. (a) Whenever the Legislature or any state agency mandates a new program or higher level of service on any local government, the State shall annually provide a subvention of funds to reimburse such local government for the costs of such program or increased level of service, except that the Legislature may, but need not, provide such subvention of funds for the following mandates: (-a.) (1) Legislative mandates requested by the local agency affected; (b-) (2) Legislation defining a new crime or changing an existing definition of a crime; or (-c,) (3) Legislative mandates enacted prior to January 1, 1975, or executive orders or regulations initially implementing legislation enacted prior to January 1, 1975. (b) The annual subvention of funds required by this section shall be transmitted to the local government within 180 days of the effective date of the statute or regulation or order by a State officer or agency that mandates a new program or higher level of service, or within 180 days of a final adjudication that a subvention of funds is required pursuant to this section. For purposes of this section, the Legislature or any State agency or officer mandates a new program or higher level of service when it creates a new program, requires services not previously required to be provided, increases the 4 frequency or duration of required services, increases the number of persons eligible for services, or transfers to local government complete or partial financial responsibility for a program for which the State previously had complete orpartialfinancial responsibility. (c) If during the fiscal year in which a claim for reimbursement is filed for a subvention of funds, the Legislature does not appropriate a subvention of funds that provides full reimbursement as required by subdivision (a), or does not appropriate a subvention of funds that provides full reimbursement as part of the state budget act in the fiscal year immediately following the filing of that claim for reimbursement, then a local government may elect one of the following options: (1) Continue to perform the mandate. The local government shall receive reimbursement for its costs to perform the mandate through a subsequent appropriation and subvention of funds; or (2) Suspend performance of the mandate during all or a portion of the fiscal year in which the election permitted by this subdivision is made. The local government may continue to suspend performance of the mandate during all or a portion of subsequent fiscal years until the fiscal year in which the Legislature appropriates the subvention of funds to provide full reimbursement as required by subdivision (a). A local government shall receive reimbursement for its costs for that portion of the fiscal year during which it performed the mandate through a subsequent appropriation and subvention of funds. The terms of this subdivision do not apply, and a local government may not make the election provided for in this subdivision, for a mandate in effect on January 1, 2004 that either requires safe working conditions for local government employees or establishes procedural rights arising from and directly relating to local government employment. (d) For purposes of this section, "mandate" means a statute, or action or order of any state agency, which has been determined by the Legislature, any court, or the Commission on State Mandates or its designated successor, to require reimbursement pursuant to this section. SECTION FIVE. Construction. (a) This measure shall be liberally construed to effectuate its purposes, including providing adequate funds to Local Government to fund local services such as police, fire, emergency and trauma care, public health, libraries, criminal justice, and road and street maintenance. (b) This measure shall not be construed either to alter the apportionment of the ad valorem tax on real property pursuant to Section 1 of Article XIIIA by any statute in effect prior to January 1, 2003 or to prevent the Legislature from altering that apportionment in compliance with the terms of this measure. (c) Except as provided in Section 3 of Article XIIIE added by Section Three of this Act, the provisions of Section 1 of Article XIIIE added by Section Three of this Act apply to all statutes adopted on or at~er the effective date of this Act. SECTION SIX. If any part of this measure or its application to any person or circumstance is held invalid by a court of competent jUrisdiction, the invalidity shall not affect other provisions or applications that reasonably can be given effect without the invalid provision or application. 6 2004 Local Taxpayers and Public Safety Protection Act Q&A What would this measure do? The 2004 Local Taxpayers and Public Safety Protection Act would increase local control over our local tax dollars. This measure would let the voters have the final say on proposed actions by the State Legislature that would further reduce local govemment funding. It would protect the vital local services that Califomia residents rely on each and every day - such as public safety and emergency care, roads, libraries, parks and transportation - by requiring voter approval before the State could reduce funding for local services or shift more costs for state programs to local governments. Why is your measure needed? For more than a decade, the Califomia State Legislature has been taking away increasing amounts of local tax dollars that local governments use to provide essential services like police and fire protection, emergency and public health care, roads, parks, libraries and water delivery. In fact, through good times and bad, the State has been taking away billions in local tax dollars each year -- forcing local governments to either raise local fees or taxes to maintain services, or cut back on critically needed services. The system is broken. Voters must act now to protect local services by protecting local revenues from being taken by the State. When do you plan to put this on the ballot? How many signatures do you need to qualify? Officially, we need 598,105 valid signatures to qualify the measure for the November 2004 ballot. We plan to collect a far greater number of signatures to ensure it qualifies and that the voters are given the opportunity to protect their local tax dollars and protect funding for local public safety, health and other essential local services. Who supports this measure? The principal sponsors of the 2004 Local Taxpayers and Public Safety Protection Act are the League of California Cities, Califomia State Association of Counties and the California Special Districts Association. Now that we have filed the initiative, we expect to grow a broad and diverse coalition of public safety and health advocates, taxpayer and business groups, seniors, community leaders and others who all have an interest in supporting the voters' right to protect their local tax dollars and their local services. Will this measure prevent state fiscal reform efforts? No. In fact, a key element of State fiscal reform is drawing a clear line in the sand that prevents the State Legislature from using local revenues to solve its problems or as a means of increasing state spending at the expense of local services. Will this measure raise taxes? No. In fact, this measure will help decrease pressures for local fees and taxes by protecting local revenue sources from state legislative raids. Does this measure increase revenues to local governments? No. It simply prevents the State Legislature from further taking local govemment revenues without a vote of the people. How will the new Governor respond to this? Don't you think you should first give him a chance to correct the fiscal problems of the state? First, we would like to thank the Govemor-elect for his positive statements in the media and during his campaign and his pledge to protect local services. We look forward to working with Governor Schwarzenegger to achieve his stated goal of protecting local govemments and allowing local govemments to provide the services that CA residents rely on every day. The fact is, however, the voters deserve to have the final say on state actions that will erode their local tax dollars and local services- no matter who is the govemor and what the composition of the legislature. Why didn't you attempt to recollect lost ERAF property tax dollars? This measure was intentionally drafted to draw a line in the sand and prevent future state legislative raids of local government funding. While local govemments and services are still suffering from the continual state raid of property taxes, given the state of California's fiscal health, we believe a more responsible approach at this time is to "stop the bleeding" at current levels. Will this measure erode funding for education? No. This measure does not reduce state funding to schools and does not reduce funding that schools receive from local property taxes. What about other state programs? Will your measure reduce funding for State programs like roads and prisons? Again, our initiative simply prevents the State from taking LOCAL revenues without a vote of the people. The state still has flexibility over its own revenues. Will this measure tie legislature's hands in passing a budget? No. Our initiative does not tell the state how to spend its own revenues. It simply prevents the State from taking funds that are designated for local govemments and local services~ or shifting/imposing costs to locals-- unless first approved by a vote of the people. Aren't we just adding to the state's fiscal woes by initiating further "ballot-box- budgeting" that puts restrictions on how they can spend their revenues? No. The initiative does not tell the state how to spend the state's own revenues (as some propositions have done). What it does do is prevent the state from taking local revenues for state purposes without a vote of the people. It essentially confirms that local tax revenues are for local govemment services unless the voters decide otherwise. Does this measure prevent the new Governor or Legislature from rolling back the car tax? No. It simply ensures that local governments will be kept '~vhole" through a backfill or some other means. If the legislature and/or Governor want to roll back the car tax without providing backfill to local governments, they are free to do so but must get the approval of the electorate. L ]~2~G U' F~ 1400 K Street, Suite 400. Sacramento, California 95814 OF CA LIFOI~IIA Phone: 916.658.8200 Fax: 916.658.8240 C I T I E S www.cacities.org October 30, 2003 Dear City Colleague: Last month at our Annual Conference the League General Assembly voted unanimousl.y to sponsor a statewide initiative to protect local revenues and services from raids and reductions by state government. We are very pleased to share with you that today we joined the California State Association of Counties and the California Special Districts Association in filing the 'Local Taxpayers and Public Safety Protection ~lct" with the Attorney General's office for the November 2004 ballot. A copy is enclosed. We are confident this initiative meets three important criteria: First, it protects the revenues and services of local governments of every size, scope, region and fiscal condition. Second, it meets the criteria of viability with the electorate by giving the voters - our residents - the ultimate say on whether their local tax funds should be spent for local or state services. Third, it is simple and straightforward. After many months of drafting and literally years of research, we are proud of the work we have submitted today. We deeply appreciate the help of the many city attorneys and county counsel in developing this important ballot measure, and we look forward to moving into the next stage of this important venture. We want to be very clear that the real work has just begun. We will build an even broader coalition in the next few months. In 45 - 60 days we will receive a title and summary for the initiative from the Attorney General's office, and we will determine if it meets our goals. Finally, all of us must help raise substantial private funds to nm a successful campaign. We know we can count on you in the months ahead to help with this cause. If you have any questions, want to make a contribution, want to help raise private funds for the campaign, or want to volunteer to help in some other way, we invite you to contact Mike Madrid, Public Affairs Director for the League, at 916-658-8272 or at Mmadrid~cacities.org. You also can get information about contributions or fundraising at www.citipae.org and about the initiative at www.caeities.org Thank you for your support, your patience and your dedication to this historic grassroots campaign to save local democracy. We look forward to seeing you in the months ahead as we move forward with this important effort. Sincerely, Ron Loveridge, PreSident and Chris McKenzie, Executive Director Mayor, City of Riverside Click here for additional information on the Local Taxpayers and Public Safety Protection Act. 1 [., F~ AG 'U F~ 1400 K Street, Suite 400. Sacramento, California 95814 OF CALIFORNIA Phone: 916.658.8200 Fax: 916.658.8240 C I T I E S www.cacities.org LOCAL TAXPAYERS AND PUBLIC SAFETY PROTECTION ACT--AN OVERVIEW November 2004 Election State-Local Fiscal System Broken. There is widespread agreement that the state -local fiscal relationship is broken. One of the reasons is because state leaders no longer respect the difference between state and local tax revenues. In recent years, the state legislature and governor have approved laws that divert, use or delay the payment of local tax revenues to local govemments that finance public safety, public health, park, library, street maintenance and other vital community services. This has caused pressure for higher local fees that can increase the cost of housing. Local Funds Drained for Higher State Spending. Since 1991 more than $30 billion of local property taxes have been drained from cities, counties and special districts-costing cities alone $800 million in FY 2003-04 and $6.9 billion the last 12 years. Even in years of state budget surpluses, the state has used these funds to finance its constitutional funding obligation to public education, allowing it to increase state general fund spending for other state programs. This has come at the expense of vital local public safety and other services. State Shifts Costs to Local Governments. In recent years the state also has shifted costs for state-sponsored programs and delayed constitutionally required reimbursements to local governments for state mandated programs and services. In the last two fiscal years, the state has "deferred" over $1 billion in constitutionally required reimbursements to local govemments for mandated services and programs. This cost burden is then paid with local taxes that should be used for important local services Constitutional Protection Needed Now. The League has joined forces with the California State Association of Counties (CSAC) and the California Special Districts Association (CSDA) to sponsor a ballot initiative in November 2004, entitled the Local Taxpayers and Public Safe~y Protection Act, to put the voters in charge of whether local tax dollars should be used to fund state services. It will not raise taxes. It will not repeal laws the state has already passed. It will not require the return of property taxes already taken nor affect funding of schools. It will not prevent structural reform-'~f the fiscal system-simply require that structural changes be planned collaboratively by s~'~ and local leaders and approved by the voters. The initiative will do two simple things: · Public Vote Required. Require approval by a majority of the electorate before a proposed state law may take effect that reduces the sales, property and VLF funds of cities, counties and ~pecial districts. Flexibility is provided to reduce the VLF and replace it with substitute revenues (i.e., a "bacldill") without voter approval; and · Reimburse for Mandated Costs. Clarify the state's duty to reimburse in a timely way for a new mandated prog ram or higher level of service, protecting local govemments from hidden cost shills. Allows local govemments to opt-out of certain non-workplace safety and employee procedural fights mandates if the state fails to pay in a timely way. For More Information. Contact Chris UcKenzie, Executive Director (916-658-8275); Mike Madrid, Public Affairs Director (916-658-8272); or Dwight Stenbakken, Deputy Executive Director (916-658-8213). How to Make A Contribution. The League has established a political action committee (ClTIPAC-ID # 1254399) for contributions to this initiative. For more information, contact 916-658-8273, email info~citipac.or.q or go to .www.citipac o.n:l Reeised October 30, 2003 C I T I P A C www.citipac.org LEAGUE OF'CALIFORNIA CITIES BALLOT MEASURE ADVOCACY AND THE LAW: LEGAL ISSUES ASSOCIATED WITH CITY PARTICIPATION IN BALLOT MEASURE CAMPAIGNS September 2003 This paper was prepared with the assistance o~' Steven S. Lucas Nielsen, Merksamer, Parrinello, Mueller & Naylor, LLP slucas@NMGovLaw.com and Betsy Strauss Special Counsel, League of California Cities City Attorney, City of Rohnert Park Munilaw@aol.com INTRODUCTION The electorate through the initiative and referendum process is increasingly making important policydedsions affecting California cities.~ Whereas cities have specific statutory authority to participate in the legislative process at the state and federal levels? their authority to take part in the initiative and referendum process is more limited. What role may cities and city officials play in the initiative and referendum process? The following sedes of questions and answers provide some general guidelines. USE OF PUBLIC RESOURCES TO SUPPORT A BALLOT MF_.ASURE May cities contribute public funds to a ballot measure campaign that has qualified for the ballot? No, the courts have made it dear that govemment cannot use public funds to 'lake sides" in a campaign.3 Doing so gives one side an unfair advantage that may distort the electoral process. But this does not mean that cities cannot prepare and disseminate a fair and impartial analysis of the measure. Is there a difference between using public resources to develop a measure for the ballot and to support the measure once it has qualified? Yes, public resources may be used to develop a measure for the ballot.4 And local agendes have prepared ballot measures for years,s May cities form a nonprofit corporation and use public funds to finance its operation for the purpose of qualifying a statewide initiative measure that relates to the day-to-day functions of every city in the state? No, the money for such an effort may not come from public funds. Because a city cannot direcOy fund such an operation, it cannot do so indirectly. 6 Is there a difference between the generally accepted practice of using public funds for legislative lobbying efforts and using such funds to promote a ballot measure? Yes, courts have drawn a dear distinclJon between the two activities? Various statutes specifically authorize the use of public funds for lobbying activities, such as traveling to Sacramento to testify at a legislative headng,s Them am no similar provisions permitting lhe use of public funds in election campaigns? PAGE 1/BALLOT MEASURE ADVOCACY AND THE LAW The legislative process contemplates public involvement to assist in explaining the potential benefits or detriments of proposed legislation. Courts do not see public agency lobbying as undermining or distorting this process. However, the use of public funds to directly influence the electorate is seen as a potential threat to the integrity of the electoral process. According to Califomia courts, permitting a public agency to 'lake sides" in an election campaign may give one side an unfair advantage? The importance of govemmenbl impartiality in electoral matters cannot be overstated.' What is the difference between "informational" and "express advocacy" materials? Purely informational materials present a fair and balanced presentation of the relevantfacts? Materials of express advocacy are those that explicitly and by their own terms urge the election or defeat of an idenl~ed candidate or the passage ordefeat of an identified measure? Express terms of advocacy include '¥ote for," "cast your ballot," and "defeat.''~4 May individual city officials use public resources to support a ballot measure? No, a city oflidal may not use public resoumes to support or oppose a ballot measure or engage in campaign activity. 15 "Public resources" include any property owned by the local agency, including buildings, facilities, funds, equipment, telephones, supplies, computers, vehicles, and travel? The misuse of public resources for campaign purposes may result in civil and criminal penalties? May cities use city staff, equipment, and supplies to generate promotional materials on behalf of ballot measures that have already qualified for the bellow No, just like public funds, cities may not use public resources to support a ballot measure. To do so raises the possibility that the electoral process may be distorted by giving one side an unfair advantage in the campaign. TAKING A POSITION ON A BALLOT MEASU May a city council officially endorse or oppose a ballot measure? Yes, the derision by a city coundl to go on record in support of or in opposition to a ballot measure has been held to be a permissible use of public resources. The council's decision should be made during a regular meeting that is open to the public and to the expression of the public's views.~6 If the City Council adopts a resolution endoming or opposing a ballot measure, the resolution should include a statement that no PUblic funds shall be used in the campaign for or against the measure. PAGE 2/BALLOT MEASURE ADVOCACY AND THE I.AW May an elected official take a position on a ballot measure? Yes, a public oflidal has a first amendment right to speak out on govemmental matters upon being elected to office. 49 However, a public oflcial should not use public resources to campaign for or against a ballot measure. City offidals should not take part in ballot measure campaigns while on "city time" and should be careful to separate their official work from their political and campaign work. May a public employee support or oppose ballot measures? Yes, a public employee does not give up his or her constitutional rights upon joininga publicagency.2° With certain exceptions, no restrictons may be placed on the political activities of public employees.2~ However, public employees must be careful not to use public resources to advocate a position on a ballot measure.2= As a precautionary measure, many cities prohibit or restrict their employees from engaging in political actvities during work hours or while on city property. 23 May cities analyze the effect of ballot measures on cities and publicize this information? Yes, cities may use public resources to objectively evaluate a ballot measure's impact on the city. 24 The resulls of a fair and impartial analysis may then be made available to the newspapers, advocacy groups, and others who may make use of the information if they choose.2s Public funds must be used only for materials that are strictly informational and not for those that expressly advocate a position. CAMPAIGN ACTIVITIES IN SUPPORT OF A BALLOT MEASURE May city officials respond to telephone calls, letters, and e-mails about a ballot measure while on city time? Yes, but only as long as their response is limited to (1) stating b'tat the city has either endorsed or opposed the measure and (2) presenting fair and impartial information about the measure? An offidal must be careful not use public resources to'lake sides" on the measure. Inddental and minimal use of public resources by a local officer is not subject to criminal prosecution? May a public employee respond to a request for information on a public agency's analysis of or position on a ballot measure? Yes, as long as the employee provides a fair and impartial representation of the facts? The response may include speaking to public or private organizations interested in the city's position? PAGE 3/BALLOT MEASURE ADVOCACY AND THE LAW May city officials add a link from the city's website to a ballot campaign website? No, this would be an inappropriate expenditure of Public resources. May city officials hold a campaign rally in support of or in opposition to a ballot measure on the steps of city hall or elsewhere on city property? Yes, as long as city offidals do not take part in the rally while on city time and the public facility is open and available for the expression of all viewpoints on the measure or for any other political activity. 3o It is a good practice for a city official to inform the audience that he or she is appearing as a private party and not as an official of the city. May a public employee wear his or her uniform when engaged in political activities after work hours? No, a public employee is specifically prohibited from participating in any sort of political activity while in uniform.3~ May a public employee make a presentation on a public agency's position on a ballot measure at local organizations, such as the Chamber of Commerce? Yes, as long as the employee presents fair and impartial informa~on on the ballot measure. It is good practice to use a prepared script that may be used each time the presentation is made. FUNDRAISING ACTIVITIES IN SUPPORT OF A BALLOT MEASURE May city officials use city funds to attend a fundraiser in support of a ballot measure? No, it is a crime to use city funds to attend a political fundraiser.32 May elected officials solicit ballot measure campaign contributions from city vendors? Yes, because it is not a conflict of interest for an elected city offidal to solicit or receive a campaign contribulJon from a vendor. 33 However, public resources must not be used in making these solicitations. Elected offidals should not engage in such fundraising activities while on city time. Any solicita~on should admonish and advise vendors that they may not charge back the amount contributed to the city either directly or indirectly. PAGE 4/BALLOT MEASURE ADVOCACY AND THE LAW May a city official obtain a list of city vendors for fundraising activities? Yes, if such a list exists, it is a public record and therefore is available to anyone asking for it. If no vendor list exists, it is not a misuse of public resources if the city would create a list for anyone who asked for such a list. If the city creates the list for the purpose of allowing fundraising from the list, this would be a misuse of public resources. May city officials solicit financial support from their colleagues for a ballot measure? No, dty offidals may not directly or indirectly solicit campaign contributions from other local offidals or employees. The only exception is if the solidtation is part of a general effort that inddentally includes local offidals and employees.~4 May. a public employee ask his or her fellow public employees for contributions to a ballot measure campaign? No, local public employees may not solicit contributions from fellow employees unless: · The solidtaflon is made to a significant segment of the public in which the fellow employees are included;35 or · The funds are solicited to promote or defeat a ballot measure affeddng the rate of pay, working hours, retirement, dvil service, or other working conditions? Such solicitations should not take place dudng city time or make use of public resources. In addition, an employee or officer of one city may solicit contributions from oflidals and employees of a different city. May an elected official contribute his or her own campaign political action committee funds to qualify, support, or oppose a measure for the ballot? Yes, as long as the contribution is reasonably related to a political, legislative, or governmental purpose of the committee? However, there may be federal income tax implications for doing so. Candidate campaign funds are tax-exempt under Intemal Revenue Code sec~on 527 only when used pdmadly for"exempt funclions.''~ Such purposes are generally limited to expenditures for a candidate to get elected or for officeholder purposes once a candidate is elected? How should such contributions from campaign funds be reported? PAGE 5/BALLOT MEASURE ADVOCACY AND THE LAW The Fair Political Practices Commission says the redpient of the funds should report the receipt of funds as contributions received; the local offidars campaign committee should report lhe contribution as an expenditure made and as a contribu'don made? Am there any other restrictions in the Political Reform Act that might restrict a local elected official's participation in ballot measure campaigns? The Fair Political Practices Commission notes thata local elected offidal who also serves as an appointed, voting member of another agency (e.g., a Local Agency Formation Commission, spedal district board, joint powers authority or regional planning agency) may, under certain drcumstances, be prohibited from accepting, soliciting, or directing contributions on behalf of a ballot measure committee? CIVIL AND CRIMINAL PENALTIES FOR MISUSE OF PUBLIC RESOURCES Are there potential criminal consequences for misusing public resources? Yes, improper use of public resources can be a criminal offense? Local offidals should be careful to separate their offidal city work from their political and campaign work. One potential consequence of a criminal conviction for misappropriation of public resources is disqualification from holding any office in the state.43 Are there potential civil consequences for misusing public resources? Yes, the individual involved may be required to reimburse the agency for the value of the resources used? The person may also be responsible for the attorney fees of the party challenging the use of resources.4s In addition, engaging in such activities gives rise to reporting obligations for public agencies under the Political Reform Act? Failure to comply with the requirements may subject an agency to additional penalties.47 C0NCLUSl0N Public offidals and employees have many ways to exercise their dght to promote or oppose ballot measures. The key is not to use the public's t/me, money, or other resources to do so. Public resources may be used, however, to provide objective analysis and information about a ballot measure. Charges that a city official or employee has misused and misappropriated public resources are extremely serious. When the propriety of any activity is in doubt, it is the League's view to err on the side of caution. PAGE 6/BALLOT MEASURE ADVOCACY AND THE LAW ENDNOTES Through the initiative process, groups originate and seek to pass laws and constitutional amendments without resort to the Legislature. No subject is exempt from the process and the only constitutional restrictions are that an initiative proposal must deal with only one main subject and must not constitute a "revision" (as opposed to a mere "amendment") of the state Constitution. See Cal. Const. art. II, § 8. Up through the 1998 election, over 560 initiatives have appeared on California ballots, with about one-fourth of them being approved. The average cost to qualify an initiative for the ballot was approximately $700,000. (It is believed that average cost to qualify an initiative for the ballot in 2003 would be over $1 million.) Bernard L. Hyink & David H. Provost, Polities and Government in California 98-103 (15m ed. 2001). Government Code section 50023 provides: The legislative body ora local agency, directly or through a representative, may attend the Legislature and Congress, and any committees thereof, and present information to aid the passage of legislation that the legislative body deems beneficial to the local agency or to prevent the passage of legislation that the legislative body deems detrimental to the local agency. The legislative body of a local agency, either directly or through a representative, may meet with representatives of executive or administrative agencies of the state, federal, or local government to present information requesting action that the legislative body deems beneficial to, or opposing action deemed detrimental to, such local agency. The cost and expense incident thereto are proper charges against the local agency. Cal. Gov't Code § 50023. See Stanson, 17 Cal.3d at 217. See also Schroeder v. Irvine City Council, 97 Cai.App.4~ 174, 118 Cal.Rplx.2d 330 (4m Dist. 2002) (governmental agency cannot spend public funds for a partisan campaign advocating the passage or defeat of a ballot measure). n See League of Women Voters v. Countrywide Criminal Justice Coordination Committee, 203 Cal.App.3d 529, 250 Cal.Rptr. 161 (2"a Dist. 1988). s See Cal. Elco. Code § 9222. See California Legislative Counsel Op. No. 154 (September 18, 1980). 7 See Stanson v. Mott, 17 Cal.3d 206, 130 Cal. Rptr. 697 (1976) (holding that California Department of Parks and Recreation could not spend public money to prepare promotional material and pay for speakers expenses to support a 1974 park bond measure). See Cal. Govt. Code §§ 50023, 53060.5, 82039, and 86300. 9 See Stanson, 17 Cal.3d at 218. See id. at 217. n See id. m 218-219. See Stanson, 17 Cal.3d at 220 (discussing with approval Citizens to Protect Public Funds v. Board of Education, 13 N.J. 172, 179-180, 98 A.2d 673, 676 (1953), which recognized the broad legislative and fiscal authority possessed by locally autonomous schools boards to make reasonable expenditures to give voters relevant facts to aid them in making an informed judgment when voting). See Governor Gray Davis Committee v. American Taxpayers Alliance, 102 Cai.App.4~ 449, 125 Cal.Rptr.2 534 (pt Dist. 2002). PAGE 7/BALLOT MEASURE ADVOCACY AND THE LAW See Cal. Code Regs., tit. 2, § 18225(b)(2). California Government Code section 8314 provides: It shall be unlawful for any elected state or local officer, including any state or local appointee, em- ployee, or consultant, to use or permit others to use public resoumes for a campaign activity, or personal or other purposes that are not authorized by law. Cal. Gov't Code § 8314(a). See also Cal. Gov't Code § 54964. See Cal. Gov't Code 8314(b)(3). California Government Code section 8314 provides for civil penalties including fines of up to one thousand dollars for each day a violation occurs, plus three times the value of the unlawful use of public resources. California Penal Code section 424 provides for criminal penalties of up to four years in state prison. Furthermore, a conviction disqualifies the party from holding any office in the state. See also People v. Battin, 77 Cal.App.3d 635 (1978) (county supervisor prosecuted for misusing public funds for improper political purposes); People v. Sperl, 54 Cal.App.3d 640, 126 Cal.Rptr. 970 (2nd Dist. 1976) (county marshal convicted of Penal Code section 424 for having deputies make telephone calls in connection with testimonial dinner for political candidate). See League of Women I~oters, 203 Cal.App.3d at 560. See also Choice-in-Education League v. Los ~tngeles Unified School District, 17 Cai.App.4th 415, 21 CaI.Rptr.2d 303 (2nd Dist. 1993) (schools district's expenditure of funds to broadcast a public meeting where the school board adopted a resolution opposing an initiative was permissible and serves purposes unrelated to advocating a partisan position on an initiative.) See City of Fairfield v. Superior Court of Solano County, 14 Cal.3d 768, 780-82, 122 Cal.Rptr. 543, 550-51 (1975) (city councilman has not only a right but an obligation to discuss issues of vital concern with his constituents). 2o See Bagley v. Washington Township Hospital District, 65 Cal2d 499, 55 Cal.Rplx. 401 (1966) (hospital district's prohibition of employees from participating in any ballot measures pertaining to the district was unconstitutionally overbroad); Rosenfield v. Malcolm, 65 Cal.2d 559, 55 Cal. Rptr. 505 (1967) (holding that county cannot dismiss a county employee on the grounds that it disagrees with the employee's activities). 21 See Cal. Gov't Code § 3207. California Government Code section 54964(a) provides: An officer, employee, or consultant of a local agency may not expend or authorize the expenditure of any of the funds of the local agency to support or oppose the approval or rejection of a ballot measure or the election or defeat ora candidate, by the voters. Cal. Gov't Code § 54964. 23 See Fair Political Practices Commission v. Suitt, 90 Cal.App.3d 125, 153 Cal. Rptr. 311 (3ra Dist. 1979) (state employees may not participate in campaign activities during work hours or use public resources for campaign activities). See Stanson, 17 Cal.3d at 221. See also Cal. Elee. Code § 9212 (permitting local agency to prepare a report analyzing the effects a proposed local initiative measure may have on the city). See id. at fn.6 (The need for the dissemination of a fair and impartial analysis of a ballot measure by a local agency is somewhat diminished by the preparation of pro and con ballot arguments and an impartial analysis of the ballot measure by the Legislative Analysis. But nothing "suggests that other public agencies are foreclosed from providing objective information on a proposed ballot measure"). California Government Code section 8314(d) provides: PAGE 8/BALLOT MEASURE ADVOCACY AND THE LAW Nothing in this section shall prohibit the use of public resources for providing information to the public about the possible effects of any bond issue or other ballot measure on state activities, operations, or policies, provided that (1) the information activities are otherwise authorized by the constitution or laws of this state, and (2) the information provided constitutes a fair and impartial presentation of relevant facts to aid the electorate in reaching an informed judgment regarding the bond issue or ballot measure. Cal. Gov't Code § 8314(d). California Government Code section 8314(e) provides: The incidental and minimal use of public resources by an elected state or local officer, including any state or local appointee, employee, or consultant, pursuant to this section shall not be subject to prosecution under Section 424 of the Penal Code. Cal. Gov't Code § 8314(e). See Stanson, 17 Cal.3d at 221, 130 Cal. Rptr. at 707-08. Id. 3o See Cal. Gov't Code § 3207 (allowing local agencies to prohibit or restrict officers and employees from engag- ing in prohibited activity during work hours and on the local agency's premises). See Cal. Gov't Code § 3206. 32 California Penal Code section 72.5(b) provides: Every person who, knowing a claim seeks public funds for reimbursement of costs incurred to gain admittance to a political function expressly organized to support or oppose any ballot measure, presents such a claim for allowance or for payment to any state board or officer, or to any county, city, or district board or officer authorized to allow or pay such claims is punishable either by imprisonment in the county jail for a period of not more than one years, by a fine of not exceeding one thousand dollars ($1,000), or by both such imprisonment and fine, or by imprisonment in the state prison, by a fine of not exceeding ten thousand dollars ($10,000), or by both such imprisonment and fine. Cal. Penal Code § 72.5. See Cal. Gov't Code § 82030. See also Breakzone Billiards v. City of Torrance, 81 Cai.App.4~ 1205 (2000) (an elected official does not have a financial interest in a contract between a vendor and the city). California Government Code section 3205(a) provides: An officer or employee ora local agency shall not, directly or indirectly, solicit a political contribution from an officer or employee of that agency, or from a person on an employment list of that'agency, with knowl- edge that the person from whom the contribution is solicited is an officer or employee of that agency. Cal. Gov't Code § 3205(a). 35 See Cal. Gov't Code § 3205 California Government Code section 3209 provides: Nothing in this chapter prevents an officer or employee of a state or local agency from soliciting or receiving political funds or contributions to promote the passage or defeat of a ballot measure which would PAGE g/BALLOT MEASURE ADVOCACY AND THE LAW affect the rate of pay, hours of work, retirement, civil service, or other working condition of officers or employ- ecs of such state or local agency, except that a state or local agency may prohibit or limit such activities by its ' employees during working hours and may prohibit or limit entry into governmental offices for such purposes during working hours. Cal. Gov't Code § 3209. 37 See Cal. Gov't Code § 89512.5. 38 See 26 U.S.C. § 527(e). See 26 U.S.C. § 527(e)(2) (definition of"exempt function"). no See California Fair Political Practices Commission, Response to League of California Cities' Request for Informal Assistance No. 1-92-567, September 11, 1992, at 2-4. See California Fair Political Practices Commission, Response to League of California Cities' Request for Informal Assistance No. 1-89-669, February 7, 1990, at 5-6. See also Cal. Gov't Code § 84302. 42 See Cal. Penal Code §§ 72.5(b) (use of public funds to attend a political function to support or oppose a ballot measure); 424 (misappropriation of public funds); 484-87 (theft). n3 See Cal. Penal Code § 424(a)(7). n4 See Cal. Gov't Code § 8314. See generally Tenwolde v. County of San Diego, 14 Cai.App.4~ 1083, 17 Cal. Rptr.2d 789 (4th Dist. 1993), rev. denied June 10, 1993. See Cal. Gov't Code § 84203.5. 47 See Cal. Gov't Code § 83116 (sanctions include cease and desist orders, the filing of required reports, state- ments, or other documents, and monetary penalties of up to five thousand dollars for each violation). PAGE lO/BALLOT MEASURE ADVOCACY AND THE LAW WORKING ON A A RULE OF THUMB: BALLOT MEASURE CAMPAIGN: SOME RULES FOR A ci.ty q~;cia/should C I T Y 0 F F I C I A L S with &e city's attorney concerni~ the propriety of any given course qf conduct. ~eed more information~ 1o team more about the League's battot measure, and roles for city offida[s, please visit the keague'~ web,ire at w~.cacities.org. l_LEAGUE OF C^LIFOKNIA CITIES 1400 K Street, Suite 400 Sacramento, California 95814 Phone 916/658-8200 ® Fax 916/658-8240 www. cacitics.org The League thanks Steven £ucas qf the law j~rm Nielsen, Not printed with ?ublic fands. Merksamer, Parrinello, Mueller & Naylor, LLP, fbr his contributions to this publication. {~ Printed on recycled paper DO'S AND DON'TS FOR CITY OFFICIALS AND CITY EMPLOYEES emp.~e, es)~hou/d t° get?involved~in THE DON'TS: City officials THE DO'S: City officials : ~ and city employees may NOT: and city employees MAY: measure to s~.~. gthen constituqlqna DON'T · Distribute campaign literature through · Work on the campaign during their :.= ', :~:;/: 5,~: ::~ .' %'~;';i:.-d :;;..':L: the city's internal mail system, personal time, including lunch hours, Pr°Fe~°ns~;ilO'cM/v;nu$~ coffee breaks, vacations, etc. DON'T · Place campaign literature on employee bulletin boards, on the · Make a campaign contribution to a ballot '!;.:;.:'h' .... i', '.'.~ <:~., ,,~: :::. . - city's web page, or elsewhere on city measure campaign committee using D O N..~, U $ E..: P.UB L I C i~'U'N government premises, personal funds, and/or attend a campaign Alt::Ea'ht: iitiahg iiS':th ' fundraiser during personal time. Of ydar'i~Jm~':'a~nd:.~i0urces DON'T· Make public appearances speaking in favor of the ballot measure duriug · Make pnblic appearances during personal 'wiih :'nbfi-~fibiie: fU:hds:i~:Thii compensated work hours, time advocating the ballot measure, facilities.or equipment {phones, cpmputers, emai(accounlS,.velflctes, copy rnaci~in~' DON'T · Make telephone calls about the * Have the city council adopt a resolution any ~the~Se~ii~iPme~ij ma~ be' campaign during compensated that omcially endorses the ballot measure P~:om0te'batt0t m~aSure actiVities,qr~Ct6din work hours, and confirms the prohibition on using DON'T · Walk precincts, draft campaign ads, government funds for political purposes at fundraising:.5'No public funds, may. be or perform other campaign tasks a public meeting, support. , :Of.= your campaign~ activities. during compensated work hours, or assign subordinates to do same. ' :;C:i~M'i~'~:ii~:'i~: ON Y;'OU" DON'T- Add a link from the city website to a "C i t y o f fi c J a l s i n t e r e s t e d :" :/:' K6ePs~°'od tecarld~i Track y°UrtimeanCf~!!.- campaign website. in working for the League -' : DON'T · Send or receive campaign-related b a l [ o t m e a s u r e, i n c l u d i n g :' :'; 'mea~reii~ti~tiel,':i° you are. abte'ii~ emails on city computers. : d6cument'tha['no pllbUc, funds participating in CITIPAC ...... ;,::~(~i!~;17!.;.:...:_... , ~- .',:ii.'5 ........ DON'To Urge other city employees to vote for fundraising, should start by . ::~,¢itY'0ffidals?interestedinWorkinfffOr??ii~::: the measure during compensated '~'/' ~:'";..~hb:'7~b~h:ilge 'melsb ei:inc( workhours, contacting their League 'bgtt6t R e g i o n a l R e p r e s e n t a ti v e ." ;..:.;i:, ."'i:P~i~i~siting.li, cITIPAC DON'T · Use city copy machines, telephones, L..: i'.? ~' st!~: I~y:'contacting-tlieik: League etc. for campaign purposes. ~-5.:: .~ ;,',:,:;;~,5ii~"-,: ;g::.: ~ :.--; ~. ;':,.. --,5. ?':. :.?-'? . '..: ~:"51:.-::' p:5?:~>~<ys~'.. '. '.;-',~':..,' .'..',%:~-, '.'..~- :..: -. ,.': i .'5.~.~; 5. ';" L < ." ,1~5 · ", C~'' ".: '= ~L,.' ~ · ,! 7:: ~¢' ; :,.. -: ~ ::~,,5:~.,,-=.-.c~ .e . . L~..~ :;% .? RECEIVED JAI 2 BAKERSFIELD Economic and Community Development Department MEMORANDUM /./u,,~ January 23, 2004 TO: Alan Tandy, City Manager FROM: Donna Kunz, Economic Development Director SUBJECT: Economic and Community Development Department Activity Report This memo will serve as an update for Fiscal Year 2003-04, 2nd quarter (Sept. 1 to Jan. 1) on-going housing, economic and community development projects. CAPITAL IMPROVEMENT PROJECTS 1. Acquisition and Demolition Pro.qram Funds in the amount of $210,350 (FY 03-04) are available for the acquisition and demolition of deteriorated industrial, commercial and residential properties in economically distressed areas for economic development projects. These funds are planned for sites that are under negotiation and required for the Baker Street Mixed-Use Project. 2. Automated Chemical Controllers at Three Swimmin.q Pools Funds in the amount of $46,500 (FY 02-03) are budgeted to install automated chemical controllers at three swimming pools. The controllers are scheduled to be installed and should be completed by December 31, 2004. 3. Baker St. Streetscape Project (Phase I)(EDI GrantJ The project is streetscape construction along four blocks of Baker Street between Niles and Jackson. Federal funding in the amount of $490,000 came through HUD's Special Economic Development Initiative (EDI) program. The money was used to revitalize the district by installing trees, decorative light poles with banners, and pedestrian furniture. The City Council awarded the construction contract of $400,390 on April 30, 2003. Construction was completed last October. S:~VZ\Quarterly~2ndQuarter2003-04 final.doc 1 ~' 4. Baker Street Streetscape Improvement Project (Phase II) Funds in the amount of $250,000 (FY 03-04) were budgeted to design and install streetscape improvements from the railroad tracks on Baker Street south to Truxtun Avenue. Design should be completed by May 2004. This is about ½ of the estimated amount needed to complete construction of this project. Staff will be reconciling all CDBG projects for year end to locate additional funds for the project from cost savings and program income. Construction is scheduled to start by July 2004 with completion by fall 2004 if adequate funding can be located. 5. Brundage Lane Streetscape Funds in the amount of $325,000 of Section 108 funds were budgeted to install median streetscape, sidewalk and lighting improvements from Chester Avenue to Union Avenue. The Section 108 loan funds became available last August and HUD's deadline for City expenditure of these funds is by December 31, 2004. Public Works is re-evaluating this project in light of the insufficient 80' right-of-way. Brundage Lane is classified as a major arterial and therefore should be expanded to a 110' right-of-way. If Brundage Lane is widened to 110' then the scope of work and the construction costs will increase. A design and construction schedule will be established once the right-of-way question is resolved by Public Works. 6. California Avenue Streetscape Project Funds in the amount of $413,500 of Section 108 funds were budgeted for median streetscape, sidewalk and lighting improvements in the public right-of-way of California Avenue from Chester Avenue to the railroad tracks east of Washington Avenue. The HUD deadline for City expenditure of these funds is by December 31, 2004. Based on preliminary engineering estimates, there is not enough money for the project as planned. Public Works has applied for an Environmental Enhancement and Mitigation (EEM) Grant for $144,000 and if successful, these funds will augment the HUD funds for this budget. Phase I is the construction of new median islands from Union Avenue to King Street. The City should receive notice by the end of April 2004 if their EEM grant application has been approved. Design is scheduled to be completed by May 2004. If the EEM grant is approved, construction should take place after July 1,2004 when the funds are received. 7. Chester Avenue Streetscape (Phase III) Funds in the amount of $345,834 (FY 02-03) were budgeted for design and installation of streetscape improvements on Chester Avenue from 34th Street to West Columbus Street. Bids were opened on June 6, 2003 and found to be in excess of the engineer's estimate. The City Council rejected all bids on July 30, 2003. Construction costs were reduced though project redesign. A construction contract of $345,834 was awarded on November 19, 2003. Construction is scheduled to start late January and is scheduled to be completed by March 2004. S:\VZ~Quarterly~2ndQuarter2003-04 final.doc 2 ~ 8. ~4th Street Aquatic Center Project About $3,680,000 (FY's 01-02, 02-03 and 03-04) in HUD funds have been budgeted for construction of a 8,000+/- sq. ft. swimming pool with zero depth entry area, water slide, and lap lanes on a 2.3 acre site bounded by 14th, "P", and "Q" streets ($3,300,000 is coming from Section 108 funds). HUD's deadline for City expenditure of the Section 108 funds is by January 31,2005. Construction started last August and is scheduled to be completed by May 2004. The construction contract was $6,050,000 to SC Anderson, Inc. The remaining HUD project fund balance for this activity is about 60%. 9. Jefferson Park Basketball Court Improvement Project Funds in the amount of $31,000 (FY 01-02) were budgeted to create two additional basketball courts from existing tennis courts at Jefferson Park. Bids were rejected on June 11,2003, because of the need to change construction specifications. The construction contract of $15,255 was approved on November 5, 2003. The basketball goalposts have been recently installed by City forces. Court resurfacing will be started by the contractor as soon as temperatures are in excess of 50. 10. Jefferson Park Playground Improvement Project Funds in the amount of $143,000 (FY 02-03) were budgeted to remove old playground equipment and to replace it with handicap accessible equipment. These project funds were reprogrammed to the Jefferson Park Swimming Pool Rehabilitation Project on December 10, 2003 due to increased pool construction costs. I I. Jefferson Park Swimming Pool Rehabilitation Funds in the amount of $500,000 (FY 01-02) were budgeted for rehabilitation of the swimming pool at 801 Bernard Street. Funding will be from Section 108 and CDBG entitlement funds. HUD's deadline for City expenditure of the Section 108 funds is January 31,2005. Construction bids were rejected on December 10, 2003 for being too high. The project will go out to bid again after July 1,2004 when more funds will become available. 12. Lowell Park Community Center Improvement Funds in the amount of $126,000 (FY 02-03) were budgeted to install two modular units on a foundation in Lowell Park for a community center. Specifications to purchase the modular units are being reviewed by Public Works. The Recreation and Parks Department is exploring a plan to use the mobile recreation program trailer in place of these units. The mobile units would also be placed at Wayside. 13. Martin Luther King Jr. Breezeway and Restroom Roof Improvement Project Funds in the amount of $28,000 (FY 03-04) were budgeted to replace the breezeway roof (1,440 sq. ft.) and the restroom roof (960 sq. ft.) at the MLK Jr. Park Community Center. General Services is waiting for specification to be prepared for the bid package. Bid opening will be scheduled soon after the specifications are received. Roof installation should take place at the beginning of March 2004. S:\VZ\Quarterly~2ndQuarter2003-04 final.doc 3 14. Martin Luther King .Ir. Swimminq Pool Rehabilitation Project Funds in the amount of about $730,000 (FY's 01-02, 02-03 and 03-04) were budgeted for the rehabilitation of the swimming pool at 1000 South Owens Street. $300,000 will be from Section 108 funds. The construction contract in the amount of $730,000 was awarded on December 10, 2003. Construction has started and is scheduled to be completed by May 2004. 15. Metropolitan Recreation Center Playground Construction Project Funds in the amount of $80,000 (FY 03-04) were budgeted for the construction of a new playground at the County owned Stramler Park. The project is estimated to cost $152,300. On October 7, 2003 the County Recreation and Parks informed the City that they would not contribute to the project. There are also concerns about public access to the playground as the gate is locked much of the time. The County proposed instead that the City spend the budgeted $80,000 on a downsized project at the park. Staff recommends these funds be reprogrammed to the Baker Street Streetscape project to assist with the shortfall of funding for Phase II. 16. 19th Street and Eye Street Streetscape Improvement Project Funds in the amount of $312,000 (FY 03-04) were budgeted for streetscape improvements on 19th Street from "H" to Eye streets and on Eye Street between 18th and 19th streets. Construction was delayed because some of the available funds were rebudgeted for the construction of the aquatic center. The revised budget for the streetscape project is $210,500. Design should start in April and be completed in June 2004. Construction to take place in FY 04-05 when replacement funds can be budgeted for the activity. 17. Pacheco #10 Area Sewer Installation Project (Phase II - Construction) Funds in the amount of $356,000 (FY 01-02 and 02-03) were budgeted for installation of sewer line in an area bordered by Pacheco Road on the north, one block east of Elysium Street on the east, Faith Avenue on the south and one block west of Centaur Street on the west. Additional funds ($500,500) budgeted from FY 03-04 became available in July 2003. The City Council awarded the project construction bid of $856,500 on July 30, 2003. Construction started on August 25, 2003 and is scheduled to be completed by May 2004. About 29% of the construction budget remains for expenditure. 18. Stockdale/Kern River Park Improvement Project Staff received approval notice of their application to the California Department of Housing and Community Development for $314,822 in grant funds. Grant funds were available through the Jobs-Housing Balance Incentive Grant Program. Funding was considered based on the increase of home building permits during 2001. The grant requires the funds go towards the construction of the children's playground for Rio Vista Park. The park is located at the southeast corner of the intersection of Stockdale Highway and the Kern River. The contract between the State and the City was approved by the City on June 25, 2003 (the funds must be expended by June 25, 2006). Design is scheduled to be completed by February 1, with construction expected to start by March and be completed by August 2004. S:\VZ~Quarterly~2ndQuarter2003-04 final.doc 4 19. Southeast Bakersfield Street Improvement Project Funds in the amount of $257,000 (FY 02-03) were budgeted to install curb and gutter and to rehabilitate sidewalks in an area bordered by California Avenue on the north, Pershing Street on the east,8thStreet on the south and "Q" Street on the west. Construction is scheduled to start by April and to be completed by September 2004. 20. Southeast Bakersfield Street Li.qht Improvement Project Funds in the amount of $43,500 (FY 01-02) were budgeted to upgrade street lighting in two areas in southeast Bakersfield. Area #1 is bordered by California Avenue on the north, City limits and Washington Street on the east, Brundage Lane on the south, and Union Avenue on the west. Area #2 is bordered by Casa Loma Drive on the north, Cottonwood Road and Hale Street on the east, White Lane on the south, and Union Avenue on the west. Construction design is underway. Project is scheduled to start in March and be completed by May 2004. 21. Southwest Corner of Chester A ve. and Brunda.qe Ln. St. Improvement Proiect Funds in the amount of $92,000 (FY 01-02) were budgeted for curb, gutter and sidewalk reconstruction. The project's development plans are underway by the adjoining property owner. The property owner intends to develop a McDonald's Restaurant. Once the plans are completed by the owner PW staff will review for approval. 22. Union Avenue Area Street Project (3~d to 4th streets) Funds in the amount of $100,000 were budgeted (FY 02-03) to provide street improvements in an area bounded by 4t' Street on the north, Union Avenue on the east, 3rd Street on the south and "V" Street on the west. The street improvements on "V" Street were completed in June 2003. PG&E recently moved four power poles on 3rd Street so that 3rd Street improvements can be installed. Installation should be completed by the end of January 2004. About 76% of the construction funds remain for expenditure. 23. Union Avenue Street Improvement Project Funds in the amount of $61,500 of Section 108 funds were budgeted for installation of median streetscape, sidewalk, and lighting improvements on Union Avenue from California Avenue to Belle Terrace. Deadline for City expenditure of the Section 108 funds is by December 31, 2004. The available funds will only allow for the installation of street lighting from Terrace Way to Fourth Street (Phase I). Phase II will be constructed should more funds become available. Design for Phase I is scheduled to be completed in May 2004. Construction expected to start by July and be completed by September 2004. S:~V~Quarterly~.ndQuarter2003-04 final.doc 5 24. Union Avenue Area Street Light Improvement Project Funds in the amount of $17,500 (FY 01-02) were budgeted for installation of 15 new street lights and the upgrading of 11 existing street lights in an area bordered by California Avenue on the north, Martin Luther King Jr. Boulevard on the east, Brundage Lane on the south, and Union Avenue on the west. Construction design is underway. Installation is scheduled to start in January with completion by March 2004. 25. Wayside Park Playground Improvement Project Funds in the amount of $223,000 were budgeted (FY 03-04) to replace old playground equipment with handicapped accessible equipment. Design is scheduled to be completed by end of January 2004. Installation is expected to start April with completion by May 2004. NON-PROFIT/PUBLIC FACILITY PROJECTS Economic and Community Development staff is assisting the following various non-profit organizations to acquire or improve their public facilities. 1. Construction of Facility to House Career/Training Center Funds in the amount of $200,000 Section 108 funds were budgeted for construction of a career counseling/training center. HUD's deadline for City expenditure of these funds is by January 31,2005. The Housing Authority of the County of Kern (HACK) owns a 2.5 acre parcel of commercial property, adjacent to their Oro Vista housing complex. HACK proposes to build a 32,000 square foot commercial development, with 10,000 square feet of office space, a small restaurant (3,500 sq. ft.), a 10,000 square foot computer training facility, and a 7,500 square foot child care center. HACK has recently hired a developer/consultant to assist them in feasibility planning for the commercial portion of the project and is preparing a project timeline. 2. The Bakersfield Police Activities League (BPAL) About $108,000 (FY02-03) funds were made available to BPAL April of last year in order to install modular building units at 301 E. 4t' Street. They are to be used as classroom and office space for an after school tutorial program. This project is another phase in BPAL's development of the youth center. The total construction cost is estimated to be $155,000. BPAL will receive approximately $13,000 from the County of Kern CDBG program and make up the rest with private funds. BPAL put the project out to bid last November only JTS Construction responded to the bid, JTS's bid was $254,056, about $100,000 more than the project estimate. JTS' bid was rejected and BPAL redesigned the project. BPAL will re-bid the project in January, 2004. Project agreement date for activity completion is end of January 2004. S:\VZ\Quarterly~2ndQuarter2003-04 final.doc 6 3. Bakersfield Police Department Southeast Satellite Office The Bakersfield Police Department is using $85,000 (FY 03-04) CDBG funds to lease and staff a satellite office in southeast Bakersfield. The site is located on Lakeview in the Oro Vista public housing complex. A full time officer, a crime prevention specialist and a technician are assigned to the office. Public services are on-going. 4. Bakersfield Senior Center The Bakersfield Senior Center located at 530 4th Street will use $50,000 (FY 03-04) to continue its current level of services to seniors. The current services provided include: noon time meals, recreational activities, physical fitness activities, senior advocacy, human services referrals, and transportation for clients. The senior center will also add noon-time meals and periodical access to a nurse on their premises, this year. The agreement expires on October '19, 2004. To date, 50% of the project funds remain in the project balance. Public services to the Senior Center are ongoing. 5. Bakersfield Rescue Mission The Bakersfield Rescue Mission, (BRM), located at 830 Beale Avenue proposes to use $260,000 (FY03-04) to expand their food services operations to accommodate 700 meals per day, served to homeless and Iow income families and individuals in Bakersfield. BRM intends to purchase the nearby Salvation Army building. BZA granted a conditional use permit for the anticipated usage of the Salvation Army facility last December. Staff is drafting a project agreement for Council consideration next month. 6. Employment Reports Staff continues to review annual (performance) employment reports for businesses that received CDBG funds. Emergency Shelter Grant Funded 1. Bakersfield Homeless Center An agreement between the City and Bethany Services (Bakersfield Homeless Center) requesting approval for ESG funds (FY03-04 - $51,000) was approved by the City Council last November. Funds will be used for operation and maintenance. Public services for the Bakersfield Homeless Center are on-going. 2. Bakersfield Rescue Mission An agreement between the City and the Bakersfield Rescue Mission requesting approval for ESG funding (FY 03-04 - $51,000) was approved by the City Council last November. Funds will be used for operation and maintenance. Public services for the Bakersfield Rescue Mission are on-going. S:\VZ\Quarterly~2ndQuarter2003.04 final.doc 7 HOUSING AND NEIGHBORHOOD REVITALIZATION PROJECTS Economic and Community Development staff is assisting the following private and non- profit organizations to acquire or improve their housing projects and neighborhood/commercial facilities. 1. Community Action Partnership of Kern (CAP of Kern) CAP of Kern received a grant in the amount of $100,000 of Community Housing Development C)rganization (CHDC)) funds to be used for their housing acquisition and rehabilitation program. C)f the $100,000, CAP of Kern will utilize $7'5,000 as a revolving loan fund from which homes would be purchased, rehabbed or constructed, and sold to qualified first time home buyers. The remaining $25,000 would be used by CAP of Kern for operating expenses associated with operating their housing program. The agreement was executed by Council last December and the CHDC)'s deadline for completing this program is no later than December 2006. 2. Habitat for Humanity Habitat for Humanity recently closed out an agreement for $85,000 in CHDO funds to assist in the purchase of in-fill housing properties and the construction of single- family homes. Under this agreement, Habitat completed the acquisition and construction of four single family affordable homes in the Southeast area of Bakersfield. A dra.ft agreement is currently being reviewed that will allow Habitat to utilize $50,000 in CHDO funds to build three additional affordable single family homes. These homes will be sold to families whose income is between 30% and 50% of the area's median income. The selected Habitat family and volunteers provide the needed sweat equity labor to construct the homes. In addition to assisting with acquisition costs, the loan to Habitat will assist in paying for such construction costs as school fees, building permits, appraisal fees and construction supervision. 3. Tax Defaulted Properties The County of Kern compiled a list of real properties for which property taxes have not been paid for a minimum of five years. Pursuant to the County selling these properties at auction, the City objected to the sale and offered to buy five of the properties for the cost of back taxes, any liens and expenses associated with the auction. EDCD staff was successful in gaining the right to purchase two of the five properties located at 19 Milham and 301 South Owens. The Purchase Agreements have been forwarded to the County for their review and approval. Once the County has approved the agreements, they are sent to the State of California for approval and then the purchase agreements are forwarded to the City. Staff previously objected to the sale of the properties located at 227 Augusta, 339 Brown and 124 Hayes. The purchase of at least two properties has been finalized and the recorded deeds have been received. Staff is currently identifying possible affordable housing agencies that will utilize the properties for the construction of affordable single-family homes. S:\VZ\Quarterly~2ndQuarter2003-04 final.doc 8 · 4. The Parkview Cottages Housin~ Proiect The City was awarded a $1.4 million HELP grant that is targeted for the Parkview Cottages housing project near Central Park. The HELP funds were used to acquire a portion of the old foundry site. The project will consist of 74 single-family housing units, ranging from 1350 to 1750 square feet a unit. Each unit will be two stories and have a two car garage. On January 5, 2004 the property was transferred to Parkview Cottages LLC. Grading has begun. Staff has revised the recapture language to include an equity sharing provision which will eliminate the possibility of any undue enrichment. The estimated total project cost is $ 9.4 million. The developers expect to have two models and three units for purchase completed by mid April 2004. The anticipated completion date for all units is January 2006. 5. Southeast Bakersfield Infill 'Housin~ Proiect The City was awarded a $500,000 CalHFA loan to build affordable housing on scattered lots in southeast Bakersfield. Seven homes have been constructed to date. The RDA assumed all rights and obligations of the CaIHFA HELP Loan on February 26, 2003. Round two of the infill housing project has commenced. Currently, D and D Development; T and T Construction, and D.O.D Development, are building homes in the area. Four new homes are currently under construction. Each developer is obligated to complete at least four homes within the two-year period which expires July 2005. 6. Maranatha Corporation Housing Project At the February 6, 2002, City Council meeting, Maranatha Corporation received City Council approval to use $100,000 in HOME funds to purchase property in the Southeast Infill Project area and build up to 14 affordable homes for Iow income households. The HOME funds were from project savings from various years. Maranatha received $126,000 from the Bank of America and the Federal Home Loan Bank of San Francisco to subsidize the mortgages and make the homes affordable. Maranatha will use factory built wall panels to assemble attractive affordable housing in half the time it takes for conventional construction. To date, Maranatha has signed purchase options on seven properties in the project area.. Maranatha reported delays in property purchases as the reason they have not moved forward with the project. Last November the Council extended the Maranatha agreement expiration date to June 30, 2004. Maranatha is working to open escrow on seven properties for purchase, and forwarding that purchase information to EDCD for funding. Maranatha is also expected to complete its housing panel assembly plant by the end of January, 2004. 7. Single-family Rehabilitation (SFR) Program During this quarter, housing rehabilitation staff completed three single family rehabilitation projects. Seven rehabilitation projects are in various stages of construction and four applications are under review for approval. Seven SFR rehabilitation applications were received during the quarter. S:\VZ\Quarterly~2ndQuarter2003-04 final.doc 9 ~ 8. Home Accessibility (HA) Program The new annual HA contract with Muxlow Construction was approved November 2003 in the amount of $55,000. The release of funds from HUD was complete on December 16, 2003 and staff began work on the existing applications of which 3 have been completed. Staff is currently working on another10 pending applications. 9. Housing Rehabilitation Marketing Staff received approximately 63 inquiries about our various programs and mailed information for assistance to potential clients. Staff gave out another 50 applications at various marketing events. Staff continues to distribute housing brochures to potential clients by mail, walk-ins, neighborhood marketing and through various community events and fairs. Staff also enhances marketing by installing Home Improvement Program marketing signs in front of all current construction projects. Staff has also used weekend radio shows to market the housing programs. 10. Fair Housinq Quarterly statistics compiled from reporting data collected from October through December indicate approximately 390 calls on the fair housing hotline. There were 42 substantial service calls that dealt with fair housing issues. There were eight formal complaints filed this quarter. One complaint was referred to DFEH for enforcement; three were resolved by staff; and four are still active and under review. The fair housing discrimination complaints and inquires to the Fair Housing Hotline breakdown as follows: Race - 62% and Familial Status - 38%. Fair housing staff attended the Senior Resource Fair in November, providing both a presentation as well as an informational booth on Fair Housing Rights and Community Development services in the City. Fair housing staff gave a presentation to the Kern County Lead Coalition in November, offering information and providing brochures on various fair housing issues. 11. BusineSs Assistance Program Approximately $743,000 in CDBG funds for assistance to private for-profits was originally budgeted. The funds were earmarked to assist commercial, retail, industrial businesses in the southeast community. Staff sent a Statement of Interest letter Fall of 2002 to property owners, businesses and developers within the major southeast commercial corridors offering potential financial assistance in the form of gap financing loans using CDBG funds. To date, staff has received 10 written requests for financial assistance. Upon providing loan applications and CDBG requirements for funding, all applicants were unable to provide required information or additional project financing needed beyond the City gap financing. New applications will be evaluated by staff in FY 2003-04 as they are received. HACK has requested, and staff is considering, additional assistance for their East California Avenue Career Training Facility in the form of a $300,000 loan from this Loan Fund. Fund balance for this Business Assistance Program is about $377,000. EDCD is the lead agency for the business loan fund. S:\VZ\Quarterly~.ndQuarter2003-04 final.doc 10 12. California Avenue Senior Housin.q (CVE) Project Capital Vision Equities (CVE) is in the process of developing a 180 senior housing unit (one-bedroom) project in the southeast Bakersfield redevelopment project area. The CVE project consists of property acquisition, clearance, relocation, and new construction. CVE's total cost for the project is estimated to be over $12 million. They are receiving City loan assistance of about $2.7 million ($1.7 million HOME and $1 million in tax increment financing) in the form of a loan - 3% simple interest over a 40 year period. The remainder of funds for the senior housing project will come from tax credit and developer equity/fee sources. Construction is underway and the deadline for project completion is the end of 2004. 13. Kozee Apartment Complex Project The Kozee project consists of the construction of 38 housing units. In addition to the 40,000 square foot apartment complex, Mr. Lee will construct 30,000 square feet of commercial/retail buildings adjacent to the apartment complex. The Agreement was a forgivable loan for clearance of existing structures in the amount of $183,000 in Redevelopment Agency tax increment funds. The City funds have been expended and construction has begun on both the commercial and residential portions of the project. Construction began last year and it is anticipated to be completed by no later than the end of this year. 14. Bakersfield Senior Center Housin.q Project The Bakersfield Senior Center (BSC) was awarded $932,000 in CHDO HOME funds to assist in the development of 80 housing units for very Iow income seniors at "R" and 5th streets. The project is a joint venture between the Bakersfield Senior Center and the Retirement Housing Foundation which was federally approved with a HUD 202 funding reservation of about $6.7 million. Project implementation and responsibilities was transferred by assignment last year to Bakersfield Senior Housing, Inc. The framing and the scratch/color coating have been completed and the project completion date is anticipated by spring 2004. 15. Restoration Community Project INC., Youth Buildin.q Bakersfield (YBB) An agreement has been approved that will allow RCPI to receive $195,000 in CHDO HOME funds for the purchase and rehabilitation of deteriorated housing in the Lakeview Avenue area. RCPI will employ at-risk youth from 16-24 years of age to do the rehabilitation work. YBB will have a training component for the youth, an educational component to secure a GED, and other counseling and referral services. The program will last for three years after which, graduates will receive a monetary bonus and referral to apprenticeship programs or higher education. The rehabilitated homes will be sold to Iow income families and the sales proceeds will be used to purchase and rehabilitate other properties in the target area. RCPI closed escrow on its first project property in August 2003, located at 1306 Potomac, and interviews for students and an office assistant have been completed. A general contractor agreement has been executed and RCPI staff is currently waiting for contractor's insurance documentation in order to initiate their construction training program. The fund balance for this activity is about $124,549 and the project agreement expiration deadline is September 2005. S:\VZ\Quarterly~2ndQuarter2003-04 final.doc 11 16. Baker Street Revitalization Project (Old Town Kern Mixed Use Project) The proposed project is the development of a mixed-use project that includes 30,000 _+ square feet of new commercial space, and the construction of 150 + units of affordable housing. Total cost of the project is projected to be about $19 million. Last year the Council approved the $1 million Section 108 Loan and $250,000 in Brownsfield Economic Development Initiative (BEDI) funds to assist in land acquisition and relocation of existing businesses, and transferred these funds by way of a subrecipient agreement to the RDA which will be responsible for complying with HUD requirements for this project. HUD's deadline for City expenditure of the Section108 loan funds is December 1,2004, and for the BEDI December 1, 2005. A Disposition and Development Agreement (DDA) with the developer is pending for Spring 2004. Urban Innovations, LLC is anticipating applying for federal Low Income Tax Credits (LITC) in March of this year for the150 + units in conjunction with a LITC housing developer. The Community Services Office (CSO) building on Baker Street has been purchased by the City with CDBG funds for the affordable housing component. At a later date, this property will be transferred to the RDA by way of a two party subrecipient project agreement. The CSO tenant relocation is ongoing. Also, the demolition of three homes previously acquired has been completed, and relocations for two tenants have been completed. Acquisitions and/or condemnation are under way on multiple other project properties. 17. Park Place Senior Housin.q Project - Phase II The Housing Authority of the County of Kern is proposing to develop an additional 50 units of affordable senior housing at 24th and "R" streets. The proposal is for acquisition and construction of the vacant property. The total cost for the project is approximately $5.1 million and will be built adjacent to Phase I of the Park Place Senior Housing Project, 80 units of senior housing. A request has been made to the City for assistance in the amount of $50,000 (HOME funds) in the form of a loan - 3% simple interest (residual receipts loan rate) over a 55 year period which will be used to fund an operating deficit reserve at the time of rent up. A federal (NEPA) environmental review has been completed and an agreement has been drafted and submitted to HACK for review and comments. '18. Baker Street Corridor Economic Development Strate_clv State funds were secured to develop an ED strategy for the Baker Street area. The strategy will enable the community to create a community vision integrating urban design concepts with economic development components into an action plan for the revitalization of Baker Street. To develop the plan a week-end community design charrette was held in May to identify a vision for the area. As a follow-up, city staff and consultants focused on strategies to improve specific sites along Baker Street. These refined designs were discussed during a second community forum June 26. Based on community feedback, the strategies were further refined and synthesized into an Economic Development Strategy. Community members had the opportunity to provide feedback on the recommendations during a third forum last July. The final strategy is under review by staff. S:~VZ\Quarterly~2ndQuarter2003-04 final.doc 12 19. 24th and "M" Street Development (The Villaqe at Towne Centre) Staff, through the Redevelopment Agency, worked with a local developer to acquire a vacant Caltrans parcel at 24th and M street. Staff received Caltrans approval to purchase their parcel, which the Agency has in turn transferred to the developer for the same purchase price. The developer is currently constructing an upscale mixed use project at the long vacant (formerly Sangera Buick/Volvo) auto sales site across the street. The acquired Caltrans parcel will allow adequate parking for the future tenants. The project will contain over 40,000 square feet of commercial space at an estimated cost of $6 Million. 20. Union Avenue Improvements Union Avenue continues to improve. Construction was recently completed on a new 7,500 sq. ft. commercial/retail building at 600 Union Avenue. Staff assisted the project with the off-site improvements (see Capital Improvements #21 on page 5). Another potential business, a restaurant/music hall, is being proposed at 802 Union Avenue with renovation of the building currently underway. 21. Mill Creek Walkway Two workshops were held to gather public input on deficiencies in existing recreation and park facilities, amenities, and programs, and ideas for meeting those deficiencies. Representatives from six departments met regularly to finalize the scope, design, and costs of the canal improvements. The grant application has been finalized and submitted to the California Department of Parks and Recreation in an amount of $3 million. 22. EPA Brownfields Grant Work continues on the paperwork associated with the $1 million Brownfields grant from U.S. EPA. One of the requirements was a very detailed work plan outlining the goals and objectives of the City's program as well as a detailed budget. Based upon the draft work plan and budget submitted to EPA, the City has been told they have been recommended for conditional approval, contingent upon the receipt and approval of a final work plan within 30 days after notice of award funding. The award is expected subsequent to the beginning of the 2004 federal fiscal year. The City Council has approved a $50,000 grant to the Assistance League from the program to assist in the cost of removing asbestos from the property they will be exchanging located on Q Street. S:\VZ~Quarterly~2ndQuarter2003-04 final.doc 13 -RECEIVED I ...... JAN 2 9 , 2~TY MANAGE~'?" BAKERSFIELD .......... Economic and Community Development Department MEMORANDUM Janua~ 29,2004 TO: Alan Tandy, City Manager Donna L. Kunz, Economic Development Director FROM: George Gonzales,~munity Development Coordinator SUBJECT: Intra City Proposals Received for FY 2004/05 CDBG Assistance The deadline for submission of proposals for FY 2004/05 was October 31, 2003. We received 19 proposals totaling about $7.1 million. Below are project descriptions, location, and cost estimates. Projects are listed in order of priority as determined by submitting department. Project Description I Departmentward I EligibilitYRanking FIRE STATION IMPROVEMENTS Fire Station #5- New Construction Project - Phase II Fire Priority 1 Acquisition, design, construction of a fire station located at Ward 1 Yes Union Avenue and White Lane. Phase I preliminary acquisition and design is funded in FY 03/04. Estimated total cost is $2.5 million. Estimated cost for Phase II is $820,000. STREET IMPROVEMENTS CDBG Funded Pavement Rehabilitation Pro.qram Public Works Priority 1 The reconstruction & rehabilitation of streets within CDBG Ward 1 $1,020,000 Yes eligible target areas. Wards 1, 2, & 7. Estimated cost Ward 2 $960,000 $2,411,000. Ward 7 $430,000 "P" Street Sewer Improvement Project Public Works Priority 2 Install sewer main & laterals for residential properties on "P" Ward 1 Yes Street between 1st and 3rd streets. Estimated cost $211,000. Chester Avenue Median Improvement Project Public Works Priority 3 Install median improvements on Chester Avenue between Ward 1 Yes Brundage Lane and California Avenue; including landscaping, lighting, and other improvements. Estimated cost $798,800. 19th and Eye Street Streetscape Project EDCD Priority 1 Install street improvements, landscaping, street furniture on 19th Ward 2 Yes Street from "H" and Eye streets and Eye Street from 18th to 19th streets. Design completed FY 03/04 for $135,000. Estimated cost $135,000. S:\GEORGE\CIP funding request 0405.doc Department Eligibility Project Description Ward Ranking Baker Street Streetscape Improvements - Phase III EDCD Priority 2 Install street improvements, landscape, and street furniture on Ward 2 Yes Baker Street between railroad right-of-way and East Truxtun Avenue. Phase I completed FY 03/04. Phase II design completed FY 03/04. Estimated cost $250,000. Martin Luther Kin.q, Jr. Boulevard Streetscape Improvement EDCD Priority 3 - Phase II Ward 1 Yes Install street improvements, landscaping and street furniture on MLK Blvd. between Virginia Avenue and Texas Street. Phase I completed FY 02/03. Estimated cost $95,000. Mill Creek Improvement Project EDCD Priority 4 Install hardscape & landscape improvements along the Kern Ward 2 Yes Island canal between California & Golden State avenues. Total cost of multi-phase project is $10 million. $3 million application submitted to State. Estimated CDBG request $250,000. RECREATION AND PARKS Jefferson Park Pool Rehabilitation Project Phase II Ward 2 Priority 1 Rehabilitation of neighborhood pool at 801 Bernard Street. Yes Phase I total funded $1,136,285. Estimated Phase II cost $62O,OOO. Jefferson Park Playground Retro-fit Improvements Ward 2 Priority 1 Remove and replace existing playground equipment and ADA Yes rubberized surfacing at neighborhood park located at 801 Bernard Street. Estimated cost is $202,000. Jefferson Park Wet Play Area Project Ward 2 Priority 2 Construction of an interactive wet play area at a neighborhood Yes park located at 801 Bernard Street. Estimated cost is $300,000. Dr. Martin Luther Kin.q, Jr. Park Wet Play Area Project Ward 1 Priority 3 Construction of an interactive wet play area at a neighborhood Yes park located at 1000 South Owens Street. Estimated cost is $197,000. Wayside Park Wet Play Area Project Ward 1 Priority 4 Construction of an interactive wet play area at a neighborhood Yes park located at El Toro Street and Ming Avenue. Estimated Cost is $258,000. Pool Improvements - Beale, Planz, and Wayside Parks Wards 1, 2, & 3 Priority 5 Rehabilitation of neighborhood park pools including plumbing, Yes decking, automated chemical systems to bring pools to current health and safety standards. Estimated cost is $186,000. Park Restroom Reconstruction - Lowell, Dr. Martin Luther Ward 1 Priority 6 Kin.q, Jr., and Wayside Parks. Rehabilitation of existing park Yes restrooms for ADA accessibility, and to meet health and safety standards. Estimated cost is $162,000. Park Basketball Court Resurfacin.q Project- Wayside, Planz Wards 1, 2, & 7 Priority 7 and Jefferson Parks Yes Basketball court resurfacing. Estimated cost is $48,000. Park Basketball Court Resurfacin.q Project- Lowell and Dr. Ward 1 Priority 8 Martin Luther, Kin.q, Jr. Parks Basketball court resurfacing. Yes Estimated cost is $31,800. S:\GEORGE~ClP funding request 0405.doc Project Description Department Eligibility Ward Rankin~l Picnic Site Improvements - Lowell and Dr. Martin Luther Ward 1 Priority 9 Kin.q, Jr. Parks Yes New construction of permanent picnic site structures and improvements. Estimated cost is $31,800. PUBLIC SERVICES Graffiti Removal City-wide Priority 1 Removal of graffiti within various Iow-income areas including Public Works Yes education and outreach. Estimated cost is $172,300. S:\GEORGE\CIP funding request 0405.doc RECEIVED D CITY OF BAKERSFIELD MEMORANDUM January23,2004 TO: ALAN TANDY, CITY MANAGER FROM: RAUL M. ROJAS, PUBLIC WORKS DIRECTOR ~ SUBJECT: CIP REPORT Attached please find our monthly report reflecting the status of Public Works ClP projects. If you have any questions, please call me at 326-3596. G:\GROUPDAT\Dani\CIP\FY 03-04~nemo Jan 04.doc Cit of Ba (ersfiel5 PuDlic Wor s CaDiI I Im 'oveme.t Sc eau/e isca/Year oo -zoo4 upaalea Janua~ z l, zo~ a~naam( PROJ PROJECT TITLE WARD COMMENTS DESIGN PHASE CONSTRUCTION PHASE NUM NUM BEGIN (est.) END (e~.) BEGIN (est.) END (est.) design of project is complete. Construction ~st~ned due to General Fund Not Yet Not Yet P2C109 120 SUMNER WATER SERVICE 2 budget issues. Oct-03 Jan-04 Scheduled Scheduled T4K139 AIRPORT' PAVEMENT REHAB I in design Jul-03 Feb-04 Mar-04 Apr-04 Not Yet Not Yet Not Yet Not Yet T3K047 AKERS ROAD CONSTRUCTION 6 awaiting approval for railroad crossing Scheduled Scheduled Scheduled Scheduled Not Yet Not Yet Not Yet Not Yet T3K014- AKERS ROAD RR XING~RIDGE 6,7 awaiting Public Utilities Commission approval Scheduled Scheduled Scheduled Scheduled BRIDGE CONSTRUCTION - HAGEMAN Not Yet Not Yet TOK012 FLYOVER ~ SR99 2 PSR approval anticipated in March 2004 Jul-01 May-03 Scheduled Scheduled BRIDGE CONSTRUCTION T4K142 ALLEN ROAD ~ KERN RIVER 4 ~ 03-04 funding is only for environmen~l ~u~. Draft EIR due April 2004 Sep-03 Sep-04 Jun-05 Jun-05 BRIDGE CONSTRUCTION Not Yet Not Yet T3K041 SR 99 ~ HOSKING AVENUE 6, 7 on-going; this current project is for prelimina~ design only. May-03 Dec-03 Scheduled Scheduled. BRIDGE WIDENING TSK002 WHITE ~NE ~ SR 99 7 ~nder construction done done Aug-03 Aug-04 T3L103 BRUNDAGE LANE STRE~SCAPE 1 re~heduled ~r revi~d project assignments Nov-03 Mar-04 May-04 Jul-04 Not Yet Not Yet T4K121 ~ENTENNIALCORRIDOR 2, 5 Nov-03 Nov-06 Scheduled Scheduled D~INAGE IMPROVEMENTS E4K106 DOWNTOWN 2 ~ 03-04 funding is only for pro~r~ acquisition for storm drain facilities, done done Not Applicable Not Applicable D~INAGE IMPROVEMENTS E3K011 ~EVIS ~NCH 5 a~erti~ project in Janua~ '04 Aug-03 Dec-03 May-04 Jul-04 Not Yet Not Yet ' T4K113 ~ST BEL~AY ADVANCED P~NNING 3 This is project is for a ~u~ only. Oct-03 Jun-04 Scheduled Scheduled G~DE SEPA~TION Not Yet Not Yet T4K120 24TH ~ OAK 2 Nov~3 Nov-05 Scheduled Scheduled Not Yet Not Yet Not Yet Not Yet T3K133 HWY 58 ENTRY MONUMENT 1 on hold Scheduled Scheduled Scheduled Scheduled G:\GROUPDAT~Dani\CIP\FY 03-04\CIP FY 03-04 JAN.xls I of 4 Cit;~ o[ Ba~ersfie[5 l~[ic wor~s Im Se~ea.[e ~isca[ Year ~oo~-~oo4 PROJ PROJECT TITLE WARD COMMENTS DESIGN PHASE CONSTRUCTION PHASE NUM NUM BEGIN (est.) END (est.) BEGIN (est.) END (est.) INTERCHANGE 3roject re~rt submi~ed to Caltrans. consul~nt has ~gun ~K021 SR 178 ~ FAIRF~ 3 final design Jul-99 Dec-03 Jun-04 Nov-05 P3C081 ~cBURTREY AQUATIC CENTER 2 under construction done done Aug-03 May-04 T4K107 NORTH ~ST BIKE PATH II 3 in design Dec-03 Mar-04 May-04 Jul-04 T4K~ 18 WHITE ~NE 8 in design Aug-03 ~8n-04 ~r-04 ~un-04 ~AINING WALL T4~ 10 COLLEGE AVENUE 3 ~8r-04 ~un-04 Aug-04 O0~-04 ~ T8K083 T8K084 ~EIS~IC R~ROFIT OF 4 CI~ BRIDGES 2,3 under con.ruction done done Feb-03 Jan-04 SEISMIC R~ROFIT OF ~ANOR BRIDGE waiang on environmental clearance, design complete. S~te funding Not Yet Not Yet T8K083 LE~ AND RIGHT 3 witharawn. J~n-98 Sep-02 Scheduled Scheduled SEWER CONSTRUCTION E2K012 MCDONALD WAY 5 in deign Jan-04 Apr-04 Jun~4 Sep-~ G:\GROUPDAllDani\CIP\FY 03-04\CIP FY 03-04 dAN.xis 2 of 4 Updated Janua~ 21, 20~ ~S~ ~ ~t~ ~:s, ~':~;~ PROJ PROJECT TITLE WARD COMMENTS DESIGN PHASE CONSTRUCTION PHASE NUM NUM BEGIN (est.) END (est.) BEGIN (est.) END (e~.) SEWER IMPROVEMENT E4K104 ALLEN ROAD 4 in design (Meyer Civil Engineers) Aug-03 Apr-04 Jun-04 Nov-04 SEWER IMPROVEMENT ELK003 PACHECO ~10 7 in con.ruction done done Aug-03 Apr-04 SEWER IMPROVEMENTS - P STRE~ E4K110 AND 2N D STRE~ 1 construction ~art subject to funding ~urce verification Aug-03 Mar-04 TBD TBD SEWER IMPROVEMENTS E4K109 STOCKDALE HWY 4 in design (Quad-Knopf) Aug-03 Jul-04 Oct-04 Feb-05 SEWER REHAB MAIN - P~NZ ROAD, E7K005 CHESTER TO WWTP~2 1 NTP issued to design consultant Decem~r 11, 2003 Dec-03 Apr-04 Jun-04 Oct-04 SEWER STUDY Not Yet Not Yet E4K102 SW - INTERCEPTOR 4, 5, 6 Project funded only for ~u~ - no con.ruction. Oct-03 Jun-04 Scheduled Scheduled SIGNAL NEW in design, 6~% complete; project on hold ~nding m~lution of right-of-way Not Y~t Not Yet Not Y~t T3K055 HAGEMAN ~ JEWEl IA 4 and funding issues Mar-03 Schedule~ Scheduled Scheduled SIGNAL NEW T4K134 PANAMA ~ MONITOR 7 bids due on 1~17; antici~te award 1/14 done done Feb-04 Apr-04 SIGNAL NEW ~ot ~et ~ot Yet Not Yet Not Yet T2K043 STOCKDALE ~ MCDONALD 2,5 design complete; KernCOG is repr~ramming for funding Scheduled Scheduled Scheduled Scheduled Not Yet Not Yet T4K112 SR 178 ADVANCED P~NNING 3 This is project is for a stu~ only. Oct-03 Jun-04 Scheduled Scheduled STORM D~IN IMPROVEMENTS E4K108 CHESTER ~ 32ND 2 in design (Quad-~nopf) Nov-03 Mar-04 Jun-04 Jul-04 STORM D~I~ IMPROVEMENTS E4K~03 TR 5130 4 in design Jan-04 Mar-04 May-04 Jul-04 STRED IMPROVEMENTS T4K123 COFFEE ~ DOWNING 4 '~n design. S~rted right-of-way condemna~on pr~eedings ag~n~ PG&E Jun-03 Apr-04 Jun-04 Aug-04 STRE~ IMPROVEMENTS Cable & C~ke designed an~ is n~ con~ructing the~ improvements which T4K140 JEW~A AVENUE 4 .ill faciliate future conduction of We~side Par~ay done done Jul-03 Dec-03 ~TRE~ IMPROVEMENTS Cable & C~ke ~esigned an~ is n~ con~ructing Se~ improvements which T4K119 JEWBA AVENUE 4 are adjacent to the Ciys future ~cer ~rk. done done Jul-03 Dec-03 G:\GROUPDAT%Dani~IP\FY 03-04\CIP FY 03-04 JAN.)ds 3 of 4 danuar ,20~ PROJEGTTITLE WARD COMMENTS DESIGN PHASE CONSTRUCTION PHASE NUN NUM BEGIN (est.) END (est.) BEGIN (e~.) END (est.) STRE~ IMPROVEMENTS design is complete. Waiting for Southern Cai Gas to rel~ate their main line in Not Yet Not Yet TOK013 OLIVE DRIVE W OF CALLOWAY 4 order to ~hedule street improvement construction. Jan-04 Feb-04 Scheduled Scheduled STRE~ IMPROVEMENTS Not Yet Not Yet Not Yet Not Yet T1K027 RR CROSSINGS 3 in design, awaiting Public Utilities Commission approval Scheduled Scheduled Scheduled Scheduled STRE~ RESURFAClNG CALLOWAY T3K017 DRIVE, ROSEDALE TO M~CHAM 4 in prelimina~ design. Project includes construction of cured median islands. Jan-04 Mar-04 May-04 Jul-04 STRE~ WIDENING ROSEDALE HIGHWAY T4K106 - CALLOWAY TO THE ~ST 4 This is a multi-year project - design ~03-04; construct ~ 04-05 & 05-06. Nov-03 Oct-04 Sep-05 Nov-05 STRE~ WIDENING ROSEDALE HIGHWAY TOK006 GIBSON TOSR99 2 in design Aug-01 Nov-03 Jan-04 Apr-04 STRE~ WIDENING T1K028 COLLEGE ~ FAIRF~ 3 Final design ~nding due to shift of construction funds May-01 TBD TBD TBD STRE~SCAPE ~ 03-04 con.ruction funds were pulled from this project and will ~ T4K105 19TH ~ ~E 2 rein~ted for ~ 04-05.Final design subject to fundin~orkload Jan-04 Apr-04 Jul-04 Aug-04 TRAFFIC SIGNAL BRIMHALL & T4K147 WINDSONG ~in design Nov-03 Apr-04 Jul-04 Aug-04 T3L102 UNION AVENUE STRE~ LIGHTS 1 Jan-04 May-04 Jul-04 Sep-04 WEST BEL~AY Not Yet Not Yet T4K114 ADVANCED P~NNING 4, 5 This is project is for a ~ only. Sep-03 Jun-04 Scheduled Scheduled T2K046 WESTSIDE PARKWAY 2, 4 on-going Jun-02 Jun-05 Jun-05 Jun-09 E3K004 WWTP ~2 EFFLUENT STOOGE I project ~ll ~ re-bid in Decem~r. An~ci~te contract award in Feb 04. done done Mar-04 Aug-04 E7K012 W~P~3 H~DWORKS 4 under con.ruction done done Dec~3 G:\GROUPDAT~Dani\CIP~:Y 03-04\CIP FY 03-04 JAN.xls 4 of 4 From: Jack Leonard To: Jack Hardisty Date: 1/27/2004 10:01:20 AM Subject: URM's We are continuing the process of updating the City's URM list. Of the 205 URM buildings with-in the City, 164 meet the City's ordinance. We are investigating the remaining 41 where our records indicate 14 property owners have obtained retro-fit permits, and 27 owners have no mitigation measures pending. The 14 owners who have obtained building permits have either decided not to follow through with the retro-fit, or simply failed to contact us to make the final inspection. We are speaking with all owners to verify the current use and to determine if they intend to strengthen their buildings. The buildings confirmed to be "non-conforming URM's" will be required by state law to post a 5"x7" sign at the entrance of the business stating "This is an un-reinforced masonry building. Un-reinforced masonry buildings may be unsafe in the event of a major earthquake." The owner's of these buildings are being notified accordingly. I will keep you posted as we update our numbers and continue to meet with the owners... Date: January 26, 2004 To: Alan Tandy, City Manager Honorable Mayor and Council Members From: Eric VV. Matlock, Chief of Police ~ Subject: Red Light Enforcement Update I have attached a copy of December statistics for the Red Light Photo Enforcement system. Please call me if you have any questions. /vrf Attachment: Memorandum, "Red Liqht Update" by Lt. Tim Taylor 1/14/04 Janua~ 14,2004 TO: W. Rector, Assistant Police Chief FROM: T. Taylor, Lieutenant, Traffic Section SUBJECT: Red Light Update The following represents the monthly Red Light Photo Enforced Citation totals for the month of December: 357 violations / 175 printed notices We are still moving forward with construction of additional camera systems at the intersection of Ming Avenue and SR 99 at Valley Plaza which will include all eastbound and eastbound to northbound left turn lanes. The plans for Ming Avenue and New Stine Road have been abandoned in favor of Ming Avenue and South Real Road which will include all westbound and westbound to southbound left turn lanes. Traffic accident data supports photo enforcement at that location. We have surveyed numerous other intersections which do not support installation of the system and we have requested that Redflex re-examine the intersection of Columbus Street and Mt. Vernon Avenue. Karen Finley, Vice President, at Redflex Traffic Systems assures me the remaining intersections in our contract will be installed soon and that she has told her construction manager to continue to make Bakersfield a priority. For calendar year 2003, photo enforced violations all three intersections totaled 5,8,59 resulting in 2,851 printed citations. P:\Redlight Update December & YE.doc Customer Management Report (Bakersfield) Redlight Incidents 1-Dec-2003 to 31-Dec--2003 Total Violations 68 51 87 151 357 Less_U~rnll~a hl~. Factors Obstruction Driver Obstruction/Duc .......... 3_ ...... _0_ ...... _5 .... 1 ..... 9 Plate Obstruction ...... 4_ ...... _0_ ....... 1_ ........ 4_ ....... _9 Vehicle Obstruction ....... 2_ ...... _1 ....... 2 ..... q ...... _.5 Policy/Weather Extended Vehicle ....... O~ ........ 1 ...... _0 ....... O_ ...... Sun Glare ....... 2_ ...... _0_ ...... 0~ ..... 8 _ _ _ "1_0 Registration Paper Plates ....... 1_ ...... _2_ ...... 3_ ...... 4 .... _1.0 Issues Wrong or No DMV ....... 1_ ...... _2_ ....... _3 ....... 5_ _ _ _ 1.1_ Total 13 6 14 22 55 Sub Total Violations 55 45 73 129 302 Less In Progress O 0 -2 -2 -4 Available for Prosecution 55 45 75 131 306 cA~erA' DatabarUnreadable/I 0 000% 0 000% 2 003% 0 000% 2 001% Malfunction Face Camera Flash l 11 020% 0 000% 1 001% 11 009% 23 008% Face Camera Focus B 5 009% 1 002% 2 003% 8 006% 16 005% Face Camera No Flas 12 022% 0 000% 0 000% 0 000% 12 004% Face Not in Frame 3 005% ,2 004% 3 004% 1 001% 9 003% Misc Camera Issue .... _0_ _0~0_°~ _ _ _0_ _ _000_%_ _ _ _0_ Plate Burn Out 0 000% 1 002% 0 000% 0 000% 1 000% Plate Not in Frame 0 000% 6 013% 4 005% 1 001% 11 004% Rear Plate Camera BI '1 002% 2 004% 4 005% 0 000% 7 002% Rear Plate Flash Inapp _ _ _ _0._ _000% _ __ 0_ 000_%_ _ Rear Plate No Flash 0 000% 0 000% 0 000% 1 001% 1 000% Scene lmageFlashln 1 002% 0 000% 3 004% 0 000% 4 001% Scene Image No Flash _ _ _ _1 . _O077 _ _ _q _0~0_%_ _ _ _0_ .0{~0_ ~_/o .... _0_0_0~_~/.o_ _ _1_ _. _0~)..°/.o. Police Rejects Invalid Offence .... _1__O0_2°/_o ....0_ _000%_ + _ _0_ _000%_ _ _ _1 _ _00!°~ __ _ 2_ 001% Safe Right Turn On R _ _ _ _0_ _O00~ _ _ _ 0_ _ _0{~0~_ _ _ _0_ _0~0_ °_/~_ _ _ _3_ _O0_20~ _ _ _ 3_ _0(~_ 1_%_ Process Issues Too Old _ _ _ 2_~_00~_~_ _ _5_ p-11~_/~_ _ _ 1_4_ _017_/o_ _ _1_6_ 0_1~ __ ~37~ _0_1~/~_ ....................................... Total 37 067% 17 038% 34 047% 43 033% 131 043% NO-.~e~i~ :" :' '.: :,': '' ?'' ':: ''~' :'~:::' ~ :i~.i::~'!::':'i ~. '0e~ :':' Printed on 14-Jan-2004 Page I of I Customer Management Report (Bakersfield) Redlight Incidents 1-Jan-2003 to 31-Dec--2003 Total Violations 1,286 651 996 2.926 5.859 Less [~QlJable. J?act~3rs Obstruction Driver Obstruction/Duc ...... _29_ ...... 29~ ..... 5_4 ..... 8_6_ .... 1_9_8 Motor Cycle Helmet ....... O_ ...... _2_ ..... 0 ........ 1 ...... 3 Plate Obstruction ...... .83__ ........3-1 ...... _3_9 ...... 12_5 ..... 2_7_8 Vehicle Obstruction ..... _24_ ...... 1~0_ ..... _3_9 ....... .4_1 ...... 1_14 Policy/Weather Extended Vehicle ~- ~- ~ _- _- -_ _- ~ ~ _- -_ _- ~ - _-8_- '_' '_- ~ ~- ~i ~ ~- ~ - -_ _~- 1-1- ~ _- _- '_- _- _-2~5 Sun Glare ..... _1_23 ....... 4~ ...... _8! ...... 387_ ..... 6_4_0 Weather/Nature ........ ~6 ..... _0_ .... 0 Yellow with Red Light ....... O_ ....... _0_ ..... 1 ...... O_ ........ _1 Registration Can Not Identify State Issues Out of Country Plate ........ 0 ...... _0. ........ 0 ........ 3 ........ _3 Paper Plates ........ _43_ ...... 20_ ..... 3~8 ..... 81 ..... 1_8_2 Wrong or No DMV ....... _57 ........ 2_1 ....... _33 ...... 93 ..... 2_0_4 .......................................... Total 371 170 287 842 1,670 Sub Total Violations 915 481 709 2,084 4,189 Less In Progress -2 -1 -2 -5 -10 Available for Prosecution 917 482 711 2,089 4,199 Camera DatabarUnreadable/I 0 000% 3 001% 2 000% 0 000% 5 000% Malfunction Digital Distortion - _- _- ~ ~.'.°~ ~- ~0_- _-0~07/~ ~ _~ _0- ~ ~_-/o_- ~ ~ _~ ~ _00~o/_-o _ ~- ;~ ~0~/; Face Camera Flash l 42 005% 5 001% 27 004% 95 005% 169 004% Face Camera Focus B ~ -'~-~/_'; ~ _- ~9_- ~°/~_ - ~ i~ ~00~3~o~ Face CameraNoFlas 25 003% 0 000% 0 000% 3 000% 28 001% Image Missing 0 000% 2 000% 1 000% 4 000% 7 000% ........................................ MiscCameralssce 7 001% 4 001% 21 003% 77 004% 109 003% ...................................... Plate Bum Out _ _ _ 3_ _007~ _ __ ~ ~0~ !~_ _ _ 1_ _OOp_ ~/~_ __ _3_0(~°~ ~ _ _12 _..00~_?~ Plate NotinFrame 16 002% 120 025% 38 005% 12 001% 186 004% ........................................ Rear Plate Camera BI 7 001% 21 004% 14 002% 1 000% 43 001% ......................................... Rear Plate Flash Inapp _ _ _ _0 _~_0°~_ _ _ O_ _000. %- _ _ 1_5_ _00_27~_ _ _ _0_ _00{~_ °~ _ _ Rear Plate No Flash 2 000% 2 000% 13 002% 1 000% 18 000% ....................................... Scene Image Flash In _ _ _ 1 _ _007~ _ _ _ O_ _ ~0{)0_%_ _ _ ~3_ ~000~_/=_ _ _ O_ .00~)_°/° _ _ 4_ Scene Image No Flash __ _ ~ _ _00~_°~ _ _ _3? Po_8~_/~_ _ _ _0. po_O~/o_ __ 2_ _000o~ __ _4q _00_1~_/~ ........................................ Police Rejects DriverUnidentifiable _ _ _ _3_ ~OOq_°~_ _0_ _ _0~0%_ _ _ _0 _0_00~/o .... _5__00?/_o _ _ _8~ ~0_% Expired Time 2 000% 1 000% 0 000% 2 000% 5 000% Incorrect Details - - - ~- (~0~ - -- (~ -0~0-~/~ - - -0- ~X)%- - - ~3- 000°~-- - .~ -0~0~/; .................................... Invalid Offence 2 000% 1 000% 0 000% 6 000% 9 000% No Video - - -~}-{~)~o~ - - -{~ -0~0~/~ - - -0- ~30~)~/o- - - §-~)0%- - -:~ -0~0~/; Total 251 027% 248 052% 216 030% 633 030%1,348 032% Printed on 14-Jan-2004 Page 2 of 2 RECEIVED MANAGER'S JAN ?_ 9 CITY OF BAKERSFIELD MEMORANDUM January 23, 2004 TO: ALAN TANDY, CITY MANAGER FROM: RAUL M. ROJAS, PUBLIC WORKS DIRECTOR~_/~__~ SUBJECT: FOLLOW UP TO REFERRAL # 621 (1018/03 COUNCIL MEETING) For your information, please find attached, a letter from Caltrans regarding the road conditions at the railroad crossing of Morning Drive and Edison Highway. G:\GROUPDATWlemo~2004\folIow up ref 621 .doc ~T~ OF CALIFORNIAIBUSINESS, TRANSPORTATION'AND HOUSING AGENCY ARNOLD SCHWARZENEGGER, Governor DEPARTMENT OF TRANSPORTATION ~ 1352 WEST OLIVE AVENUE P.O. BOX 12616 FRESNO, CA 93778-2616 PHONE (559) 488-4144 Flex your power! FAX (559) 488-4299 Be energy efficient! TTY (559) 488-4066 January l3,2004 Jacques R. LaRochelle Assistant Public Works Director City of Bakersfield Public Works Department 1501 Truxtun Avenue Bakersfield, CA 93301 Dear Jacques: This letter is in response to your request for assistance from Caltrans regarding the road conditions at the railroad crossing of Morning Drive and Edison Highway. According to our Caltrans Maintenance Area Superintendent, research indicates that in early spring of 2003 Union Pacific Railroad made permanent repairs to one of the two tracks crossing the highway and this fall made temporary repairs to the other with the assistance of Caltrans. Since repairs were made we have experience a significant reduction in complaints .pertaining to this issue. Union Pacific Railroad has informed Caltrans that permanent repairs to the second track are scheduled for next spring. Additionally, Caltrans has agreed to assist Union Pacific Railroad, in regards to traffic control, if any additional temporary repairs are required by Union Pacific Railroad until the permanent fix is complete. Thank you for contacting Caltrans regarding this issue, if you have any questions or need additional information, please feel free to contact me at (559) 488-4144. Sincerely, MALCOLM X. DOUGHERTY Deputy District Director Maintenance and Operations District 6 "Caltrans improves mobiliS, across CaliJbrnia" B A K E R S F I E L D PUBLIC WORKS DEPARTMENT CITY OF BAKERSFIELD MEMORANDUM October 10, 2003 TO: ALAN TANDY, CITY MANAGER FROM: RAUL M. ROJAS, PUBLIC WORKS DIRECTOR SUBJECT: REPAIRS TO RAILROAD CROSSINGS Council Referral #621 Councilmember Sullivan requested Public Works staff contact Craig Pope at the County for assistance regarding conditions of the roadway at the railroad crossing at Morning Drive and Edison Highway. The section of Morning Drive at Edison Highway over the railroad tracks is actually part of State Route 184 which is under Caltrans' jurisdiction, Staff prepared the attached letter to Caltrans and forwarded a copy to Craig Pope since this area is also in the unincorporated area of metropolitan Bakersfield. G:~GROUPDAT~Referrals~(X)3~CC Mtg 10-08~621 - Jack.doe BAKERSFIELD PUBLIC WOUlC~ DEPARTMENT 1501 TIUXTUN AV~IUB BAK~Sim~, CALiI~ 93301 (661) October 10, 2003 Mike Leonardo - Director Caltrans District 6 PO Box 12616 Fresno CA 93778-2616 Subject; SR 184 - conditions of roadway at the railroad crossing at Morning Drive and Edison Highway Dear Mr. Leonardo: City Councilmembers have requested we contact you for assistance regarding conditions of the Roadway at the railroad crossing at Morning Ddve and Edison Highway. Since this area is also part of the unincorporated area of metropolitan Bakersfield, we are also forwarding a copy of this letter to Craig Pope at the Kern County Roads Department seeking assistance. Very truly yours, RAUL M. ROJAS Public Works Director .? By: /~/J,e~:!' Ues R. LaR~ejle ////// Assistant Public Works Director cc: Jacquie Sullivan, City of Bakersfield Councilmember - Ward 6 Craig Pope, Kern County Roads Department G:~,GROUPDAT~RoferraI~X)3\CC Mtg 10-06~621 - letter.doG TO: ALAN TANDY, CITY MANAGER FROM: ERIC W. MATLOCK, CHIEF OF POLIC~ DATE: January 26, 2004 SUBJECT: 1400 Block of Clipperhills Drive Council Referral No. 662 (Ward 7) I "C°uncil Member Salvaggi° requested p°lice department increase their patr°l °n the 11400 block of Clipperhills Drive." Operations Division staff were assigned to provide extra patrol in the 1400 block of Clipperhills Drive. During a patrol check on January 22, 2004, officers cited one vehicle for a parking violation and marked one abandoned vehicle for impound. Staff will continue with extra patrol. EWM/vrf TO: ALAN TANDY, CITY MANAGER FROM: ERIC W. MATLOCK, CHIEF OF POLICE/~''~' DATE: January 27, 2004 SUBJECT: 1800 Mallard Court Council Referral No. 664 (Ward 7) Council Member Salvaggio requested the police department look into the concerns addressed in the attached correspondence from "Residents of Mallard Court," and Code Enforcement Division to respond to concerns regarding rats, weeds, trash and tires on the property. In response to Council Member Salvaggio's request, staff was assigned from both the Investigations and Operations Divisions. Members of our special narcotics unit, CAL- MMET, were apprised of the neighborhood concerns and staff has been inside the residence. In addition, officers talked with neighbors regarding our continued enforcement efforts. No drug activity was observed, however, surveillance will continue. Operations Division staff was assigned to provide extra patrol in an effort to curtail the reported traffic safety violations. Officers will continue to patrol the area. EWM/vrf