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HomeMy WebLinkAbout04/09/04 B A K E R S F I E L D CITY MANAGER'S OFFICE MEMORANDUM April 9, 2004 TO: Honorable Mayor and City Council FROM: Alan Tandy, City Manager SUBJECT: General Information 1. You may have read the local newspaper article this week about the law requiring volunteers to be paid for working on publicly funded projects. Our legal staff is in the process of reviewing it, and we will discuss the implications with the department heads. 2. According to the enclosed article from the April 9th Sacramento Bee, the State deficit will be least $18 billion for the 2004-05 fiscal year and will continue for "many years to come". The bond measure that passed last month to restructure the current deficit will not cover it. It is evident that the State's financial problems are going to be long-term. If past history is any indication, we can expect that they will continue to take revenue from local government. 3. We continue to find ways to improve our budget circumstances. Enclosed you will find a memo from Donna Kunz which proposes a creative and more economical way to operate the downtown parking garage. It can potentially eliminate a $50,000 loss per year and could generate up to a $29,800 income. It has the added benefit of allowing free hourly parking in the garage. The DBA is supportive. Please let me know if you have questions or concerns. Otherwise, we will plan to proceed. 4. The sergeants in the Police Department have, in the past, negotiated with the other City supervisors. They have now petitioned to negotiate with the Police unit and have met the necessary conditions to do so. 5. EDCD has prepared the enclosed memo concerning an upcoming program change included in the annual Action Plan to the HOME funded down payment assistance program that will increase the loan limits. This increase is needed to allow homebuyers in the 80% income range to qualify for home purchases due to the sharp increase of home prices in Bakersfield. 6. A ceremony to commemorate the installation of the new informational signs along the Kern River Parkway, as well as the restoration of the bike path and riparian areas will be held at Yokuts Park next Friday, April 16th at 11:00 a.m. The press release announcing the event is attached. Honorable Mayor and City Council ,April 9, 2004 Page 2 7. As reported last week, Public Works has proposed a refuse fee increase of 4.8% in order to maintain current service levels. A memo is enclosed with information on the proposed increases and the notification regarding the public hearing on the matter. 8. A response to a Council request is enclosed, as follows: Councilmember Couch · Report on the time constraints related to blocking of traffic at railroad crossings, particularly with concern about the Rosedale at Landco crossing. AT:rs cc: Department Heads Pam McCarthy, City Clerk Trudy Slater, Administrative Analyst This story is taken from Politics at sacbee.com. Dan Walters: Passage of debt bond didn't resolve state budget crisis By Dan Walters -- Bee Columnist - (Published April 9, 2004) Arnold Schwarzenegger's style of governance is to publicly focus on one thing at a time and at this moment, his thing is forging a deal with legislators to overhaul the state's much-troubled workers' compensation system. The governor moved to workers' comp last month - demanding changes to reduce rapidly escalating costs borne by employers - after persuading voters to approve a $15 billion bond issue to refinance some of the state's budget deficit and a companion measure calling for a balanced budget. As Schwarzenegger campaigned energetically for the measures, he implied that passage would go a long way toward fixing the state's finances, but in fact they did almost nothing about the state's fundamental budget problem: It's spending billions more dollars each year than the taxation system is producing, despite an improving economy. The state auditor's office reported recently that the state ran up $30 billion in deficits during the 2001-02 and 2002-03 fiscal years, and by all indications, the reservoir of red ink will expand by another $15 billion or so during the 2003-04 year that will end on June 30. The administration has acknowledged that it faces $18 billion in leftover and new deficits for 2004-05, and if anything, revenue and spending trends will widen the gap, not narrow it. After Schwarzenegger returns from his Easter vacation in Hawaii and - he hopes - concludes his deal on workers' comp, the budget crisis will, by necessity, return to the front burner. His proposed 2004-05 budget would whittle the "structural deficit" a bit but still have the state borrow billions of additional dollars to keep the ship of state afloat. And according to the Legislature's budget office, even if all of Schwarzenegger's spending reductions were to be adopted by the Legislature, the state would face ongoing deficits for many years to come. A Legislature controlled by liberal Democrats is clearly reluctant to adopt any of the spending reductions Schwarzenegger wants. It largely ignored his pleas for midyear spending cuts after he took office in November and is making it clear that few of his major cutbacks for 2004-05 are likely to win approval. The Democrats want billions of dollars in new taxes and although they've changed their rhetorical tone in recent weeks - pretending to search for areas where spending can be trimmed ~ their fundamental goal remains unchanged. And now Schwarzenegger may be moving in their direction, much to the chagrin of his fellow Republicans. In a series of newspaper interviews last week, Schwarzenegger softened his previously firm stance that he would balance the budget without new taxes and implied that he would consider tax increases of some kind. Schwarzenegger's statements stiffened Democrats' resolve to hold out for new taxes - most likely some kind of surtax on high-income taxpayers - and alarmed Republicans. Were he to opt for taxes, Schwarzenegger probably could cajole or strong-arm enough Republicans to reach the two-thirds vote level - much as his mentor, former Gov. Pete Wilson, did in 1991 when he faced a severe budget deficit. But that would drive a wedge between Schwarzenegger and conservatives. It's questionable, too, whether a tax increase would make a substantial dent in the state's huge structural deficit. The taxes that Democrats mention most, such as a surcharge on the affluent and some new taxes on cigarettes and liquor, would add only a few billion dollars a year to the revenue side of the fiscal equation, ~and still leave~a yawning gap. And it's possible that a tax increase would provide little net revenue because ~Qnder Proposition 98, the school-finance measure enacted by voters 16 years ago, the first $4 billion would have to go to schools - unless the Legislature were to suspend its provisions. The final factor is the state's economy. It has been recovering smartly but job growth remains fairly anemic, and that depresses personal income taxes, the state's single most important revenue source. Revenues are running under projections for the current fiscal year, largely due to flatness in income taxes. Schwarzenegger, despite his rhetoric on the bond issue last month, still faces a monumental budget headache that's not going away. About the Writer Reach Dan Walters at (916) 321-1195 or dwalte[s@$acbee.c0m. Back columns: ~w sacbee..c0.m/walters Go to .: Sacbee /.[~.~k ~ ~0[¥ .~;.p. gt ~_c..~L.f~ e.e C u stQ.m.e.r_Se rvi_ce Advertise Online I Privacy'Policy I Terms of Use I Help I Site Map News I ~Sports I Business I Politics I Opinion I Entertainment I Lifestyle I Trave! I Women C.lassi§ed.s I Homes I C;a~s I .lo.bs I Shopping G.U_~DE. TO ~HEE BEE~I Subs_cr.i_b~ I _C..0.[~.l;.a_cts I Ad_ve _rtise I .B_~.~ ~.ye~s I CQm.rounity .ImzQ!.y~me.nt [ Sacramento Bee Web sites ] Sacbee.com I SacTicket.com I Sacramento.cum C o nta ct .sa C b .e.e.,.~;o m This article is protected by copyright and should not be printed or distributed for anything except personal use. The Sacramento Bee, 2100 Q St., P.O. Box 15779, Sacramento, CA 95852 Phone: (916) 321-1000 Copyright © The Sacramento Bee BAKERSFIELD Economic and Community Development Department MEMORANDUM April 7, 2004 TO: Alan Tandy, City Manager IX~/, FROM: Donna Kunz, Economic Development Director SUBJECT: 18t" and Eye Street Parking Garage Alternative Operating System to Break Even or Profit As reported to you in an earlier memo, the parking garage is estimated to lose approximately $50,000 this fiscal year. This is due to many factors, but mostly as the direct result of the management firm's personnel costs for three persons and related benefits and insurances. At your request, I have completed research to examine the possibility of the City taking over operating the garage and submit for your consideration and comments, the following automation plan designed to break even or possibly generate a modest profit. Basic Operations Regular hours under the new plan are proposed to be Monday through Friday from 7 a.m. to 6 p.m. During regular hours, the garage would be accessible via the entrances and exits located both on 18"' Street and Eye Street. Ground level security gates would be raised allowing people to enter and exit for both short term and monthly permit without a parking attendant on duty. Short-term daily parkers (90 minutes) and handicapped will park on the ground floor. These spaces will be marked accordingly and will be without charge. Monthly parking users will be directed to the third floor where an additional access gate will be installed for controlled access. This proposal replaces the current 25 cents per hour that is. charged for hourly parking and the need for an attendant to collect monies and tickets at · the entrance gate. The Bakersfield Police Traffic Control Division has agreed to enforce the 90 minutes spaces as a part of their normal downtown route, chalking tires and issuing parking citations for violators in excess of the time. Handicapped parkers with placards would be allowed to park in designated handicapped spaces on the ground floor for unlimited time. Monthly Parkers During regular hours monthly parkers will park on the third floor and above which will be' accessible via key card entry placed at a newly installed gate reader which will be located C:~Documents and Settings\alawrenc. BAKERSFIELD\Local Settings\Temp\l 8th & Eye System operations.doc in the center of the third floor. The reader equipment will be relocated from the ground floor as they will no longer be necessary at the main entry points of the garage. Reader 'cards would be scanned at the newly installed gate located on the second floor of the garage. To prevent cars from by-passing this system "teeth" would be installed on the exiting side of the gate. During the off-hours, monthly parkers can gain access to the garage 24/7 via the current key cards access system located on Eye Street and on 18th Street. Access cards will automatically raise the gates allowing the cars access into the garage at anytime. Public Works is in the process of designing the drive approach and turn around together with Tel-Tec, the same vendors that installed the current access system. City Employee Partial Manned or Unmanned Discussions with the Finance Director indicate that the addition of an Account Clerk/Parking Clerk position estimated at $40,000 annually would need to be hired and assigned to the revenue division to handle the issuance of monthly permit cards, billing, collection and receipt of card payments. The position could be physically located at the garage to handle the monthly permit system and could be responsible for coordination of garage repairs and maintenance when needed. Having a staff person located in the garage will provide a user friendly and secure presence in the garage. There would not be a need to provide short term coverage for breaks or lunch hour coverage as the majority of monthly vehicle access occurs in the early morning and late afternoon hours during regular work schedules. Another staffing consideration might be to assign a light duty personnel as a temporary assignment to the garage. The downside to this alternative is the time and expense associated with training due to turnover. It will be necessary for the parking clerk to also handle the coordination of repairs to the access gates, gate arms, reader card system, elevator, etc. These maintenance and repair costs have been included in the operating budget detailed below estimating a one person operation. The cage gates currently restrict pedestrian entry and possibly will continue to control most vandalism and other liability issues during the hours that the garage is closed. To help control vandalism claims, the security cameras will remain operational. The camera readers currently located in the gate entry booth should be relocated into the office to allow for easy monitoring while the clerk is performing other duties. At times when the clerk is not assigned to the garage, Police Traffic Division enforcement personnel have agreed to make an occasional drive through the garage to observe security issues during their regular shift hours. If vandalism issues arise, the budget below could be adjusted to include a part time parking attendant to assist the account clerk at an annual cost of $20,000 still providing for a modest operating profit Below is an estimated annual budget for a city operated and single manned garage at our current utilization level. Revenues are also assumed at current monthly rates and no daily or hourly parking revenue is assumed. The revenue can be increased by $15,000 annually for every 50 additional spaces leased over the current volume. Not included in this budget is the one time gate key card and security gate reconstruction costs estimated at $20,000 and necessary to fully automate the operations. I have also discussed this idea with the Downtown Business Association and they are supportive of a city operated program. They did however, express concerns about having C:~Documents and Settings\alawrenc. BAKERSFlELD~Local Settings\Temp\l 8th & Eye System operations.doc the garage open for special events. Overtime would be required of the garage clerk and a special event gate fee could be charged to offset this additional cost. All current monthly parking users would be notified of the planned changes as soon as a decision is made concerning this proposal. Revenues $ 98,000 Expenditures Salaries $ 40,000 * Admin allocation 5,000 Repairs and maint 21,000 Water 1,000 Telephone 200 Supplies 1,500 $ 68,700 Net Operating Income $ 29,800 *As a comparison, the City pays AIIright approximately $61,944 for one full-time and 2 part- employee, which includes payroll, payroll taxes, workers comp, and group insurance. AIIright also receives a management fee and other reimbursed expenses. Signage New signage will be developed for the 90 minute zones and the entrance to the second level month parking. Existing customers will also be contacted advising them of the new operational changes, i.e. the new second floor access station, retention of the existing 24/7 access system, new payment of bills, emergency contact, etc. AIIright Central Parking Contract The Parking Facility Management Agreement No. 01-340 can be terminated, by either party, on thirty (30) day written notice. The termination will affect one (1) full-time and two (2) part-time AIIright employees. Once we have the new equipment installed, we can request the reduction of AIIright personnel to only one full time individual until a parking clerk is hired and trained. This action will also result in savings. C:XDocuments and Settings\alawrenc. BAKERSFIELD~Local Settings\Temp\l 8th & Eye System operations.doc REcEiVED B A K F. R S F I E L D APR - 7 CITY OF BAKERSFIELD PUBLIC WORKS DEPARTMENT C~TY MANAGER'S MEMORANDUM TO: Alan Tandy, City Manager FROM: ~~A~ill Rojas, Public Works Director DATE: 7, 2004 SUBJECT: PROPOSITION 218 REFUSE FEE HEARING NOTICE Owners of single family homes, duplexes, triplexes, and fourplexes billed on the tax roll will be mailed a notice of a public hearing to be held on June 9, 2004 to consider the proposed increase in the refuse fee of 4.8%. The notices will be mailed via first class postage, as required by law, on or before April 23, 2004. The proposed increases are as follows: Present Rate Proposed Increase Single family homes $147.60/yr $154.68/yr $ 7.08/yr Duplexes $267.12/yr $279.84/yr $12.72/yr Triplexes $400.68/yr $419.76/yr $19.08/yr Fourplexes $534.24/yr $559.68/yr $ 25.44/yr The estimated number of first class notices that will be sent out are broken down as follows: Number of Owners Single family 68,368 Duplexes 1,684 Triplexes 521 Fourplexes 1,230 Total 71,831 Only the owners of record, as identified by the Kern County Assessor's Office, will receive a notice, since they are the only ones the City is required to provide notice to. In addition, the hearing will be posted in the Bakersfield Californian, which is also required by law. S:\FILING\100 ADMIN\Financial\Budget\Prop 218\FY04-05\Prop218_Memo to CMO 04.doc 'B A K E R S F I E L D Water Resources Department PRESS RELEASE · FOR IMMEDIATE RELEASE CONTACT: Florn Core Friday, April 9, 2004 Water Resources Mgr. (661) 326-3715 Special Event To commemorate the Kern River Parkway Signage Project and the Bicycle Path and Riparian Areas Restoration Project Date and Time Friday, April 16, 2004 at 11:00 a.m. Place Yokuts Park The City of Bakersfield, along with the Rotary Club of Bakersfield East and Kern Wheelmen Bicycle Club, will hold a special ceremony to commemorate the installation of informational signs along the Kern River Parkway and the refurbishment of the bicycle path and riparian areas. Scheduled to speak at the ceremony are Mayor Harvey L. Hall, Rotary Club representative Gary Hoetker, Earl Norcross of the Kern Wheelmen Bike Club, Councilmember Sue Benham, Vice-Mayor David Couch, and other City representatives. The event will feature the unveiling of the signs and a special plaque commemorating 100 years of Rotary Club service to communities. The new signs are to be installed along the Bike Path and are designed to inform bicyclists and other Kern River Parkway users of the many features and facilities that are available along the 30 mile-long Parkway. The Rotary Club of Bakersfield East has sponsored the signage project, with the City contributing space along the Parkway and the concrete pedestals on which the signs will be placed. The $1.1 million bike path refurbishing project, paid for with grant money from Proposition 12 (the Park Bond Act of 2000) and Proposition 13 (the Water Bond Act of 2000) includes the widening and re- paving of the path between Manor Street and Stockdale Highway, the addition of one mile of new path that goes across the river, striping the path, and the planting of hundreds of trees and shrubs along the path. For more information, please contact Florn Core, Water Resources Manager at (661) 326-3715. City of Bakersfield · Water Resources Department ° 1000 Buena Vista Road Bakersfield, California · 93301 (661) 326-3715 ° Fax (661) 852-2127 B A K E R $ F I E L D PUBLIC WORKS DEPARTMENT CITY OF BAKERSFIELD MEMORANDUM April 5, 2004 TO: ALAN TANDY, CITY MANAGER FROM: RAUL M. ROJAS, PUBLIC WORKS DIRECTOR SUBJECT: RR CROSSING ON ROSEDALE AT LANDCO Council Referral #722 - Follow-up Councilmember Couch requested staff contact the railroad regarding the blocking of traffic on Rosedale at Landco for long periods at a time. Additionally, staff is to contact the County regarding the addition of this crossing into the Separation of Grade District. General Order No. 135 of the California Public Utilities Commission governs the occupancy of public grade crossings by railroads. Per that document, there are three general time constraints: 1. A public grade crossing which is blocked by a stopped train must be opened within 10 minutes if there are waiting vehicles or pedestrians. This requirement does not pertain to passenger trains. 2. If a train is involved in switching operations, it must frequently clear the public grade crossing and cannot occupy the crossing continuously for longer than 10 minutes if there are waiting vehicles or pedestrians. 3. There are n_9o time restrictions for crossing occupancy for a moving train continuing in the same direction. This general order contains a provision that exempts a train from the above restrictions under certain extenuating circumstances such as adverse weather, mechanical failures and train accidents. A copy of General Order No. 135 is attached. G:\GROUPDAT~Referrals~2004\03-10\722 - follow-up.doc GENERAL ORDER NO. 135 Public Utilities Commission of the State of California R~¢u~o~s c~ovzro~NG ~x OCC~rASC~ or ruBuC GRADE CROSSINGS BY RAILROADS ~,dop~ed September I1, 1~4. Eff~qive N~v®mber I, 197~L ~ IS O~EBED by the Public U~iHes Co~ssion of ~e State of C~ornia that each r~oad cor~raHon opera~g ~ ~e state of C~or~a sh~ o~e~e ~e foHo~g re~a~o~ ~ ~ndue~g o~raHons on ~d across public ~ade cro~gs: 1. TRAIN MOVEME~Except as pro~d~ ~ P~a~aph 5, a public-~ade cross~g w~ch is blocked by a stopped ~, o~er th~ a p~enger tr~, must be o~ned ~t~ I0 ~ut~, ~e~ no ve~ic]e or ~des~ ~ w~g at ~e cross. Such a cle~ cro~g must ~ leR o~n un~ it ~ ~o~ ~t ~e ~ ~ ready to depot. ~en recoup~g such a ~ at ~e c~oss~g, move- ment must ~ m~e prompHy, co,tent ~th s~. 2. SWITCHING MOV~E~~tc~g over pubic ~ade cross- ings shoed be avoided whenever re~onably possible. If not re~o~bly ~s~ble, ~ch cros~gs must be clewed ~equently to ~ow a ve~cle or pedes~ to pass ~d must not ~ ~upied cont~uously for longer t~ l0 ~utes ~ess no ve~cle or ped~ ~ w~ng at the ero~ing. 3. G~DE CROSS~G PROTE~ION CIRCU~~s or l~om~ fives m~t not ~ le~ s~ng nor s~tehes left open ~ ~e ~nffo~g circ~ts of auto~c gate prot~on de~s ~e~ ~e-out ~ea~res ~e prodded to ~ow ~e gate ~ to ~se. 4. ~ere ~e no ~e res~e~ons for cross~g oeeup~cy for a mo~g ~ coning in the s~e dir~on. 5. ~e~ ~e ~t pro~ons sh~l not apply to ~y bloc~g res~g ~om eomp~ee ~th Sta~e ~d Feder~ ~ws ~d relatiOns, terr~n ~d physical eon~o~, adve~e wea~er ~ndi~ons, con~ons rendering the road~d or ffack s~c~e ~e, mech~e~ ~l~es, ~ accident, or other ~cu~en~ over w~eh the r~lr~d h~ no control, except ~at such cross~g sh~ ~ cleared ~th re~nable d~patch. 6. In the event o~ ~y ~conffolled bl~kage ~vol~g more ~ one ~e cro~ ~d a peace o~r ~ on the scene, p~ co~dera~on ~ ~ ~ven ~o ~e ele~ o~ ~at cro~ w~ch, ~ ~e peace o~r's jud~ent, ~ reset ~ the minim~ de~y to ve~c~ar ~c. 7. A crew mem~r of a ~ bloe~g a pubic eross~g ~ ~tely t~e ~1 r~nable steps, ~ns~tent ~ ~e ~e operation of such train, to clear the crossing upon receiving information from a peace ofiCicer, member of any Fare department, as defined in Section 2801 of the Vehicle Code, or operator of an emergency vehicle; as defined in Section 165 o£ the Vehicle Code, that emergenCy 'circumstances require the clearing of the cross- ing. 8. Any agreement between a railroad and a public agency in effect on the effective date hereof or, in accordance with Attachment A, subsequently approved by this Commission permitting certain crossings to be blocked for a time period other than specified herein shall prevail. 9. Any railroad Or public agency ~ may, by £ormal application to this Commission, request a variance/:rom the regalations prescribed herein or have different regulations provided in connection with operations over a specific crossing where local conditions so require. The contents o£ the application shall be in accord with Hule 15 o[ the Commission's Hales o/: Practice and Procedure. The application shall detail any previous steps' that may have been taken in an attempt to reach an agreement on the proposed variance and shall list any public agencies within the geographic area or any railroads that might be affected by the variance. A copy of the application shall be marled to all such publ/c agencies and railroads and a certificate o£ service regarding such mailings .... shall accompany the application filed w/th the Commission. 10. The district attorney of the proper county or the city attorney designated to prosecute misdemeanors in his stead shall prosecute noncompliance with this General Order by means o£ a misde- meanor complaint 'issued against the railroad corporation in accordance with Chapter 11, Part 1, Division I o£ the Public Utilities Code. This order shall become effective November l, 1974. Approved and dated at San Francisco, California, this llth day of September, 1974. PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA By WILLIAM R. JOHNSON Secretary Public Ageney~The term "public agency" as used herein shall include the State, a county, an incorporated city or town, or any authorized agencies thereof. O.O. Attachment A The £ollowing procedures shall be followed when Commission approval is sought for an agreement between a railroad and a public agency regarding any proposed variance from this General Order that is reached subsequent to the effective date of the general order. A letter jointly signed by the parties to the agreement shall be Filed with the Commission. Said letter shall state all information pertinent to the proposed variance agreed upon by the parties, including a traffic count for the crossing for which the variance is sought. In addition to the signing parties, the letter shall specify any other railroads or any other public agencies within the geographic area that might be affected by the variance, including the California Highway Patrol, the sheriff, and police and fire deparhnents. A copy of the letter shall be mailed to all such public agencies and railroads and a certificate o£ service regarding such ~n~ilings shall accompany the letter filed with the Commission. Any affected public agency or railroad may file with the Commission an objection to the proposed variance no later than o0 days a/ter the date on which the variance- request letter was mailed to the Commission. Any variance granted shall be by a resolution adopted by the Commission after the Commission has determined that such variance would be in the public interest, The Commission will notify all parties and specified public agencies and railroads of whatever action it may take regarding the proposed variance, and will forward a copy o£ the resolution, if granted, to the parties. If not granted the parties may file a formal application seeking to obtain such variance. G.O. 135