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HomeMy WebLinkAbout08/06/04 B A K E R S F I E L D CITY MANAGER'S OFFICE MEMORANDUM August 6, 2004 TO: Honorable Mayor and City Council FROM: Alan Tandy, City Manager/~ T'~,,../, SUBJECT: General Information 1. The good news of the week- the County Board of Supervisors supported entering into a contract with us on the Sphere of Influence issue. It supports our position on properties 4, 5, 6, 7, and 8 (see the attached map). It also supports our position on the issue of Shafter encroaching into our exiting Sphere and joint planning area. It would hold off any immediate decision on the areas to the north of our current sphere which are disputed by Shafter. It is a very favorable vote for us. State law says the LAFCO has to give such a contract "great weight". It will appear on your agenda on August 18th- LAFCO is scheduled to meet on August 24th. The County decided not to enter into such a contract with Shafter. 2. More good news in follow-up to the budget adoption by the State. Booking fee reimbursement was in and out the last few days, as various compromises were discussed. Our information is that it was included in the final adopted budget. The good news about that is that we have prepared our budget conservatively, assuming that revenue source would be lost. Since it was not, we will be able to come back with a positive adjustment to the revenues to hire more staff. We also analyze whether any other revenue trends are positive as we prepare that. The final numbers will also depend on the negotiations with the County on their requested booking fee increase. Those discussions are continuing. 3. The adoption of the State budget also allows us to proceed with the hiring of the 24 positions that were budgeted. The actual hiring was delayed until the State budget adoption. They did not increase the pain to us to the extent we could not make those hires. 4. Councilmember Salvaggio requested a report on the differences between the League of California Cities' viewpoint on the value of the protection we are to receive if the' State referendum passes on the November ballot, and the position of my office and past actions of the City.,. The report is enclosed. A "Q and A" summary, prepared by the League, on the local revenue protection measure, now known as proposition lA, is enclosed for your review. Honorable Mayor and City Council August 6, 2004 Page 2 5. We have another small financial victory reported by Water Resources. The Snow Surveys section of the State Department of Water Resources originally asked for a 100% funding increase. After several discussions, they have agreed to keep the fees at the previous years' levels through FY 04/05 - that is the good news. The bad news is they have indicated they will ask for a 40% increase next year. There may also be other future fee raises from the State Department of Health for our domestic water permit fees and from the Regional Water Quality Control Board on storm water fees. We will continue our discussions with them and report any changes that may occur. 6. A report from Public Works with information on Phase 2 of the 2004 Street Resurfacing/Reconstruction projects is enclosed. 7. One of the difficult cuts we made in the 2004/05 budget was the funding for the Employee Incentive Committee's two major recognition programs -the Excellence in Action Awards and the Employee Appreciation Breakfast. Now that the State budget has been adopted, and we have more clarity on our financial situation, we will be able to restore those activities in the current budget. Our employees have risen admirably to the challenges imposed by our financial constraints, and it is appropriate that we recognize their good efforts. 8. The Wayside Spray Park is in the final stages of completion. Several photos are enclosed that show it in operation. A ribbon cutting ceremony is tentatively planned for Monday, August 16th at 10:00 a.m. We will have more information for you next week. 9. It can not all be good news. As has been the case recently, we got only one bid on the Jefferson pool rehabilitation, and it was $450,000 over budget. It had cone in over budget in a bid last year, and we had to wait for more block grant money in connection with the start of the new fiscal year. We will value engineer and see about breaking it into separate pool and building packages to attract more bidders. We will recommend re-bidding again at your next meeting. 10. We will be going out with a request for proposals on our health care consultant contract. We had earlier indicated to the Personnel Committee that we would recommend an extension. There were concerns expressed, and we have decided to do the request for proposals in response. 11. A minor part of the hotel issue may be back on your agenda on the 18th. Brighton has decided to have a holding company own the hotel, which has a different name, although it is under Mr. Fan's ownership. Brighton would manage it. The potential agenda item would be to clarify that the second name for the holding company was appropriate for the transfer. It is a technicality. 12. The activity report from EDCD regarding on-going projects during the fourth quarter of FY 2003/04 (May to July) is enclosed. Honorable Mayor and City Council August 6, 2004 Page 3 13. Responses to Council requests are enclosed, as follows: Councilmember Ma.q.qard · A report is enclosed which identifies possible future City infrastructure risks, as a part of our overall efforts to ensure appropriate maintenance procedures and inspections; · The enclosed letter was sent to CalTrans expressing the City's concern regarding the delay of the Highway 178/Fairfax overpass project; Councilmember Couch · A synopsis of the tentative and final map process is enclosed. AT:rs cc: Department Heads Pam McCarthy, City Clerk Trudy Slater, Administrative Analyst : :, ~--, '- :-4'~' F"i'~"?-,'"'i-~ ..... ~ ....... ':-'-:':,¥; ....... ~ ~'r'? :"' -' ' '~' ' ~ ~ ....... : ~; ; ~ ~ '.,,,, .~ - CI~OF BAKERS'~ELD -: . , ~ ~. ~,--'- ~'"--!¢ ~ ~ , · ·~ ".: i ....... SPHERE OF INFLUENCE L.~ c ............ 2'~ '- ........... / ~ .,' . _J.._~ ........ ~ ..... ~ ~--~;.-..-~ ~ ........ ~'-?T'~_~ '~ ' ' ~', ; / ~ ~ ~ ~ ~ ~:' '? ~ "~ .... ~ F ~ .............. ~ .......... ~ ............... LEGEND ' ' ' I"t'-"; ........ ,_; ;:r~'--"-'l ? }' .... ~ ~ ' ~ ..... , ~ ~NE~L P~ ~UND~Y ~ ...... ~-~.., ;!~ r~ ~ ~ ; i/~' '-d ~ i __ ' ...... ~ ....... ~-~:'~'~' "-~ h-- --~'~ ....... : ~ "" , ~; ~'~,~'--:~ ':._ ~ .............. h :- ......... ~ ....... "~ ~ '''?J .' ........ ~'-: .... '*~"~'~ ' , .-, DATE: ~5/~ au~ 85 2884 19:11:28 qi~ ~x . -> 324185B ~lan E. T~n&u Page BB1 0£ BB7 L 'E AG U E 4oo Su,,,, 4o0. OF CALI['O~ lA Phone: 916.658.8200 Fax: 916.658.8240 ':' C I T I E S ~.~cities. org TO: MayOrs, Council Members and City Managers FROM: Megan Taylor, Director of Communications SUBJECT:. Proposition lA: Some Questions Answered DATE: August 5, 2004 Attached is a "Q&A" developed with'the assistance of our legal-counsel, Betsy Strauss. It is intended to help answer Some of the.moro technical questions that city officials and others have raised about Prop. lA, the local revenue protection measure' that was passed by the legislature last week as State Constitutional Amendment-No. 4 (SCA 4). Please note that there are also a number of materials that have been developed or are under development by our consultants, and we are working with them to get these completed as quickly as possible. These include a more generic, layperson's version of a Q&A, as well as talking points, sample resolution, fact sheet, PowerPoint presentation, sample opeds, letters to editor--the full range of collaterals that city officials may need to understand and explain Prop lA to residents and other interested parties. These will be available in downloadable versions from the Proposition lA website (www.protectlocalservices.com). I hope this is information is helpful. If you have additional questions, please call me at'916.658.8228, or send an email to: mtavlor~cacities.or.q.. Attachment ~ RECE-,,]:VED': 8/ 5/04 4:12PM; ->CTTy OF BAKERSF:I:ELD; #869; PAGE 2 ~ug 85 2884 19:11:41 Via Fax -> 3241850 ~]an P.. ?an&y Page 882 0£ 887 E AG U E 14o0 K Street, Suite 400- Sacramento, California 95814 O F CALl FOP, N IA Phone: 916.658.8200 Fax: 916:658.8240 C I T.I E S www. cacities, org Proposition lA - "Protection of Local Govemment Revenues": Constitutional:Protection for Local Govemment'Revenues Questions and Answers Senate Constitutional Amendment No. 4 (,SCA 4) enacts substantial reforms to the legislature's ability to .raid the local government shares of the property tax, sales tax and vehicle license fee ~to pay for state programs. It will appear on the November 2, 2004, general election ballot as Proposition lA and be entitled "Protection of Local Government Revenues". This document Containskey questions and answers about this mportant ballot measure, which-is stronglY supported by the League of California Cities. PROPERTY TAX Background: Proposition 13 reduced 'the property tax rate to $t.00 per $100 of assessed valuation'countywide. This single rate replaced the multiple property tax rates imposed by local governments prior to Proposition 13. The .revenue ~from the $1.00 rate is shared in each county by the county, the cities, the special districts, and .the schools. Each jurisdiction's share of the $1.00 rate was based originally upon the property tax rates in effect prior to Proposition 13. The shares have been modified over the years by the Legislature. 1. What's the basic protection for ~the property tax in Proposition IA? Proposition lA.will end the practice of state raids on local property tax,~by allowing only two loans within a 10 year period - and those may occur only if the state meets certain criteria. SpecificallY, prOp., t A prevents the Legislature from reducing the combined property tax shares of cities, special districts, and the county, except to borrow the funds on a temporary basis to address a "severe state fiscal hardship". If, for example, on November 3, 2004, the property tax shares of cities, special districts, -and the county of the hypothetical "California County" equaled 60% of property. taxes collected in that county, the Legislature cannot pass a law that reduces the percentage below 60% .except to respond to a significant state fiscal problem. Additional restrictions are: RE¢ff--IVED: 8/ 5/04 4:13PM; ->CITY-OF BAKERSFIELD; 8869; PAGE 3 Aug 05 2884 19:12:88 Via Pax -> 3241858 Alan P,. Tandy Page 883 Of 08? · The 2003 VLF GAP Loan must be repaid before borrowing could occur; · The Joan could only occur twice within a 10 year period; · The loan ("the total amount of revenue losses") must be repaid with interest within 3 years, and prior loans must be repaid before borrowing could occur a second time within 10 years; · The-amount ofthe loan is limited to no'more than'8% ofthe total amount of property tax allocated to cities, counties, and special districts in the previous fiscal year; and · The.reduction could 0nly occur-with a 2/3 vote of the Legislature. · 2. Can the Legislature continue to reallocate property.taxes on the lOcal level? Yes, but with a significant new restriction on that ability. Since the passage of Proposition 13, the Legislature has had the power to .reallocate proPerty taxes among local governments, but its major experience with .this over the last 25 years has been to allocate city, county and special district shares of the property tax to schools through ERAF and reduce state general fund support for schools. Proposition lA'would prevent future allocatiOns of local government shares to schools (except.on a temporary basis, when the funds may be borrowed, as eXplained in questions 1 and 4). However, the state retains the authority to transfer property taxes among cities, counties, and special districts'with a 2/3 Vote of the Legislature. Under current law, the state can make this type of transfer with a majority vote of the Legislature. 3. Could.the state reallocate property taxes in order to'.fund a state mandate? No. The amendments to Section 6 of Article XIII B of the state constitution specify that, "Ad valorem property tax revenues shall not be used to reimburselocal government for the costs of a new program or'higher level of services." 4. Does :Proposition lA allow the state flexibility to respond to a significant state fiscal problem? Yes, by allowing the state to borrow local property tax if it first meets the criteria identified in Question #1. Beginning in the 2008-2009 fiscal year, if the state has already paid cities and counties the amount owed from the 2003-04VLF Gap Loan (est. $1'.22 billion), the governor may.issue a proclamation that declares that there is a "severe state fiscal hardship" that requires the state to temporarily suspend Proposition 1A's basic protection for the property tax. Next, the Legislature must first adopt a statute with a 2/3 vote that contains a suspension of the basic protection for that fiscal year only. Then it.must adopt a separate statute that requires the state to repay cities, counties, and special districts the total amount of property tax loss caused by the suspension within three years. 5. What will suspension of the property tax protection in Proposition lA allow the state to do? RECE~"J:VED: 8/ 5/04 4:13PM; ->CTTY OF BAKERSFTELD; #869; PAGE 4 During the one-year period of a suspension, the state can take property taxes from cities, counties, and/or special districts (".local agencies") and transfer them to the schools o'r to some other agency that operates within the county in which the property taxes were generated: This transfer will reduce the protected- pr;operty tax percentage. However, the reduction 'may not result in a property tax loss that exceeds 8 percent of the total amount of property tax allocated to cities, counties, and special districts in the previous fiscal year. Currently this percentage is the equivalent of roughly $1.3 billion. 6. When will local agencies be repaid if proPerty tax is taken during a suspension period? No later than the end of the third fiscal year following the fiscal year to which the reduction applies. If the reduction applies in the 2010-11 fiscal year, then repayment must occur no later than June 30 of 2014. Repayment will be for the. "total amount of revenue losses" including interest. 7. Can the Legislature suspend the Proposition lA protection each time there is a "severe state fiscal hardship?" No. Suspension of the'protection may only occur twice in a ten year period; and · only ifthe VLF Gap Loan amount has been repaid; and if only any prior suspension of property tax has been repaid with interest. 8. Why was the redevelopment propertytax increment not explicitly protected in the final version of SCA 4? It was the opinion of key legislators and legislative staff that Article 16, Section 16 of the state constitution, already .protects the redevelopment property tax increment. Further, the Governor insisted on the inclusion of language in the ballot arguments for Proposition lA that declares that the redevelopment increment is already protected by the state constitution. SALES TA.X Background: The sales and use tax laws allow cities and counties to imposle the basic 1% sales-tax as well as a variety of other use taxes such as taxes i for transit, jails, open space, etc. The basic 1% rate is distributed back to the jur. isdiction in which it was collected. Both cities and coUnties may increase the sales and use tax by one-quarter cent for general governmental purposes with a majority vote. Last year the Legislature suspended °ne-. quarter cent of the .basic 1% sales tax until the state's fiscal recovery bonds are repaid. 1. What's the basic protection for the sales and use tax in Proposition lA? RECI~TVED: 8/ 5/04 4:14PM; ->c'rTy OF 8AKERSFTELD; #869; PAGE 5 t~ug 85 2884 19:13:84 Via Fax -> 3Z41858 t~lan E. Tancly l~age 885 Of BFi? Proposition lA prevents the state'from borrowing or taking local sales and use taxes. While the measure allows the state to borrow local property shares after meeting specific criteria, Prop. lA does not allow the state to reduce the current funding that local governments receive from sales and use tax or require that sales tax revenues be distribUted based upon population rather than the location or.in any other way restrict a city or county from imposing sales and use taxes in accordance with existing law. 2. What about -the current suspension of one-quarter cent of the sales tax occurring as a result of the passage of'Proposition $77 Does Proposition lA. require .the sUspension to end when the fiscal recovery .bonds are .repaid? Yes. Proposition 1^ prevents the state from extending the period during which the one-quarter cent is suspended; from failing to pay the property tax backfill during the period Of suspension; and from failing to restore the full sales tax rate When the bonds are repaid. 3. Can the state take any action .that affects'the sales 'and use tax? Yes. It gives the Legislature the authority .to authorize two or more local agencies within a county to exchange property tax and sales tax but only if the governing bodies of each of those agencies approves a locally-negotiated exchange agreement. Voter approval is not required to make the exchange. Additionally, the Legislature can change how sales tax is distributed if the change is 'required by federal law or.to participate in an interstate agreement that addresses payment of sales tax for Intemet purchases. VEHICLE .LICENSE FEE Background: The constitution currently guarantees all VLF revenue to cities and counties. No particular amount of revenue is guaranteed, however, because the amount depends upon the VLF rate that is set by the Legislature. The current VLF rate i's 2%. Over the past several years, the Legislature has reduced the portion of the 2% rate paid by. the -taxpayer and made up the difference to cities and.counties through a .backfill of state general funds. During this fiscal year, cities and counties have not received a backfill of state general funds even though the taxpayer is paying only 1/$ of the 2% rate (0.65%). Under Proposition lA, cities and counties will receive these funds in the .form of increased allocations of the property tax beginning in this fiscal year. 1. What is the basic protection for the VLF in Proposition lA? Proposition lA provides constitutionally guaranteed VLF revenue to cities and counties at the rate of 0.65% of the value of a vehicle. The Legislature will decide how much of the revenue paysfor realignment programs and.how much is distributed for general purpose local government programs. This is a significant RECEIVED: 8/ 5/04 4:14PM; ->'CITY OF BAKERSFIELD; #SEi~); PAGE S l~ug 85 2884 19:13:33 I/ia Fax -> 3241858 I~lan E. ?anJy Page 886 0£ 887 change for cities and counties, because currently the constitution does not guarantee .VLF revenues to cities and counties at any specific rate. 2; What happens if the Legislature lowers the rate below 0.65% ? Proposition lA requireS-the Legislature to enact a law that provides for an allocation to cities and counties equal to the difference between the revenues received from 0.65% rate and the lower rate. 3. What will cities receive in place of the 2004-05 states General Fund VLF backfill? Beginning in the 04-05 fiscal year, and continuing each year thereafter, cities and counties will .receive property tax, instead of VLF backfill from. the state general · -fund, in an amount equal to the difference between revenues that would be received from the VLF if at the 2% rate and the revenue received from the VLF at the 0.65-% rate. The additional property tax will be distributed 'by reducing each local agency's contribution to ERAF. The first receipt of this additional property tax will occur in the January distribution of the FY 2004-05. property tax. The amounts received in subsequent years will increase at rates corresponding to the rate of increase in local property .taxwithin a 'county. The entitlement to backfill is in a statute, not in the Constitution, but the new property tax has the same protections as other parts of the property tax (see Property Tax section)'. MANDATE REFORM Background: The Constitution requires the state to reimburse Iocal~ governments for state-mandated programs. The Legislature has sometimes "suspended" the mandate,, rather than .reimbursing local governments. There are a group of mandates that the state has determined require reimbursement for which the Legislature has never reimbursed local governments. Finally, the Legislature has .not reimbursed local governments when it,transfers additional-respOnsibility for a state program or service to local governments when the local government already had partial responsibility .for that program or service. 1. Does Proposition lA strengthen.the requirement to reimburse cities, counties and special districts forthe costs of state-mandated programs and services? Yes. Beginning in 2005-06, in each fiscal year's budget, the Legislature must either appropriate sufficient fund to reimburse local governments for'their costs of complying with a mandate or suspend the operation of the mandate for that fiscal year, 2. Does the "fund or suspend" requirement apply to all mandates? No. Thererare two exceptions. The first is for employee and employee organization related mandates. The second is for costs incurred prior to the 2004- .. RECB'rVED-- 8/ 5/04 4.-15PM; ->C'rTY OF BAKERSFTELD; #86g; PAGE '7 flus 85 2884 19:14:82 I/ia pax -> 3241fl58 fllan P.. landy Pas-- 887 Of 887 05 fiscal year that have not been paid prior to the 2005-06 fiscal year. These costs may.be paid over a five-year period beginning in 2005-06. The five-year period is established in statute, not in the Constitution. 3. What happens when the state transfers additional responsibility for a program or a service that the local government already had some responsibility for? prOposition lA defines "mandate" to include a transfer of additional responsibility for a state.program or service. 7 B A K E R S F I E L D OFFICE OF THE CITY MANAGER MEMORANDUM August 5, 2004 TO: Honorable Mayor and City Co~nc~.~ ///-/ FROM: Alan Tandy, City Manager///~/ SUBJECT: League of California Citiesrand Future Revenue Protection Councilmember Salvaggio asked that I write up an objective document discussing the differences between the League of California Cities' viewpoint on the value of the protection we are to receive in the future and the commentary/position of my office and the past actions of the City. An effort to do that follows: Bi.q Picture Issues The City of Bakersfield will lose nearly $7.0 million over ihe next two years, most of it ($6.4 million) from the General Fund. In exchange, there will be a referendum on the November ballot that, if it passes, would place certain constraints on the ability of the State to take City revenues in the future. The position that Bakersfield took was to support Proposition 65 which would have protected our revenues (the $7.0 million) and absolute future protection, had it passed. We will now never know whether Proposition 65 would have passed or not. We will also never know whether, with an all out effort to defend our $7.0 million and the balance from around the State, the legislature would have taken more, less or the same amount from the cities and counties. Although the League is very positive about passage of the referendum, we also do not know with certainty that it will pass. Proposition 65 was at least clear - it would protect public safety dollars. The new compromise is complex and hard to explain to the voters. We are not predicting that it will fail.' It is not, however, inevitable that it will pass. The League pushed the compromise with the Governor very hard. When the legislature would not go along, they fought hard again and then accepted the best thing they could get under the political circumstances. The bigger picture summary of their actions was that they Honorable Mayor and City Council August 5, 2004 Page 2 gave up $2.6 billion Statewide ($7.0 million to us), and they got a watered down referendum issue on the ballot. They then declared that as a victory - based on the assumption that Proposition 65 would not have passed and that the legislature could have taken more, etc. Again, since history did not proceed down any other path, we will never know what would have happened had the alternate routes been followed. While the League argues that the best case scenario took place, it is also possible, had there been no compromise, that Proposition 65 would have passed and we would have saved $7.0 million and gotten real long-term protection. A summary of the current law, Proposition 65 and the "Compromise" from the League is attached. Smaller Issues If the referendum passes will it be real and meaningful protection, or not? The League has argued yes, although they fought for months for stronger versions. Here are a few of the weakness: · They can still take money twice a decade, with no limit on how much. · Redevelopment money is not protected at all. · The State has ignored other constitutional provisions in the past, like passing a budget on time and not using Gas Tax for General Fund purposes, and can do this in the future in regard to the new "deal." Smaller issues- bright side Assuming the amendment passes, perhaps they will feel some political pressure to honor the intent. Since the initial deal is for two years, we should not, hopefully, have to worry about more capture next year, except for redevelopment. Summary What is, is. Our budget is adjusted for it. We can hire the 24 new positions contained in the budget. It is time to move on. We will never know where we would have been had the other alternate paths been pursued. · 3al 27 2884 23:53:31 Via Fax -> 3241858 Alan E. Tandy Page 881 OF 883 Phone: 916.658.8200 Fax: 916.658.8240 (~,A,L ! FO www.cacities.org ITI TO: Mayors, Council Members and City Managers FROM: Megan Taylor, Director of Communications DATE: July '27, 2004 SUBJECT: Local Government Agreement- Revised Side-by-Side Comparison Attached is an updated copy of the comparison of the Compromise Agreement that we Sent out about earlier this afternoon with a'memo from League Executive Director Chris McKenzie. We realized that we had erroneously stated that VLF rates in current law, Prop. 65 and the Compromise were capped at :2% in the constitution, instead of statutorily. The correct statement is now included in this comparison. Our apologies for the error, and thanks for understanding. Attachment RECE~:VED: 7/27/0.4 8:54PM; ->C'rTy OF BAKERSFI'ELO~ .#818; .PAGE 2 Jul 27 2884 23:53:4S'via Fax -> 3241858 i~la. E. Tan~y Page 802 Of 883 PROPOSED LOCAL GOVERNMENT AGREEMENT .COMPROMISE Current Law Prop 65 . . Agreement VLF Rate, " Currently at 2°1o Currently at 2% Reduced to 0.65% statutorily and property tax backfill provided between 0.65% and 2% Backfill if VLF None Backfill provided ifBackfill provided if rate reduced Reduced. rate reduced, below 0:65% Increases in VLF Set at 2% in statute.Nochange from Capped at 2% statutorily. Rate Can only be used for current law. Constitutionally guarantees city or county '0.65% for cities and counties. purposes. VLF Gap Loan Statutorily required in Statutorily requiredStatutorily required in 2006-07. Repayment 2006-07. in 2006-07 unless No future property tax voters change, loan/suspension if unpaid. Agencies None. Legislature Cities, counties, City, county, special district. No 'Protected may reallocate at will special districts and further protections for ADA to ERAF and among .RDAs beyond existing provisions of agencies. Art. 16, Sec.' 16 of state constitution. Reallocation Legislature can With voter Local share (non-school/ERAF) Among Local reallocate by simple approval, may be reallocated by 2/3 vote Agencies majority vote, to other local govts. In a county. including to ERAF or Legislature may not reallocate to other state fund. ~ncrease school or ERAF share. Reallocation of property tax may not be done .to support state- mandated programs. Suspension None. May take' None Beginning in 2008-09, if Trigger permanently at will. Governor proc~laims "significant state fiscal hardship." SuspenSion Vote Simple majority to Voter approval 2/3rds vote - separate bill Needed. take permanently-- providing for repayment. no repayment. Suspension None. May take None. --No more than 2 times in .10 Limits .permanently at will. years. --No loan until VLF Gap loan and previous suspension loan paid. --Cap of 8% of local share of property taxes ($1.3 billion today). Current Law ' Prop 65 Agreement Repayment I No provision for ,[None. [ Legislature must pass a statute terms repayment, to fully repay loan with interest 2 REcE[~D: 7/27/04 ..e:s4~M~ ->CZTY OF BAKERSFIELD; #818; PAGE 3 ~=l~'Z~' ZBB4'Z3:54:13 ~ia Fax -> 3241858 ~'lan ~. Tendy 'Pa~e BB30f 883 · . (as provided by law). within three I I · I fiscal years. ~~.,;,,~~~;~',~,~~ ............. ~~'.. ~,, ~~~ ................................................................ Protection None. Legislature. Yes, unless voters Protects the rate and method of may reduce rate or change. ~distribution of the local Bradley- change method of Burns sales tax and Transactions distribution. Prop. 57 andUse Tax. Guarantees triple flip ½ cent payment of property tax backfill sales tax not. for Prop. 57 sales tax ~ cent protected, suspension. Also guarantees return of ½ cent Bradley Burns sales tax when ·Prop 57 bonds retired. Reallocation May be allowed. Law If voters approve. 'None. unclear. ~,~.~ ........................ Scope-- None Suspended at Statute imposing mandate is Consequence of discretion of localsuspended if no state funding Nonpayment agency except for specified employee rights and benefits. Applies only to city, county, special district mandates.- Mandate State may shift Clarifies mandate definition to 'Definition costs to local include cost shifts from the state governments to locals. without triggering reimbursement requirement. None. Legislature may approve a statutory framework for voluntary exchanges of property tax and sales tax. [Revised 7/27/2004 8:47 PM] 3 From: Alan Tandy To: Rhonda SmileY. Date: 8/6/2004 8:04:14 AM Subject: Fwd: Street Resurfacing/Reconstruction >>> Raul Rojas 8~5~04 7:39:39 PM >>> Thursday, 8~5~04: For your information. >>> Luis Peralez 8/5/2004 10:42:21 AM >>> , Attached .is our 2004, Phase II, Street Resurfacing/Reconstruction-List. We will be able to complete all the streets on the resurfacing list this year (2004). We may not be.able to complete all the streets on the reconstruction list in 2004..Those streets that we do not complete will be done in the spring of 2005. These streets are funded out of the GAS-TAX fund. We are stil! working on some streets in Ward I and Ward 2 that are funded by ED/CD "HUD" funds. · In our Phase I, 2004, Street Resurfacing/Reconstruction projects we did streets in ~Ward 1,2, 5 and 7. During this second Phase We are doing streets in Ward 3, 4, and 6. On this second Phase of our resurfacing projects, It may appear that we are doing a lot of streets in Ward 3. However, the majority of streets in Ward 3 are short Cul-De-Sacs which are only 200 to 300 feet long. As time allows, I have been updating our street resurfacing/reconstruction list. It does not look good. It keeps growing faster then we can keep up with repairs. Page 1 of 3 STREETS DIVISION STREET RESURFACING/RECONSTRUCTION LIST - GAS TAX FUND PHASE II - 2004 STREET RESURFACING LIST · STREET NAME AREA DESCRIPTION WARD Warrenton Ave. - ..................................... Newberg St. to 13220 Warrenton Ave. 4 Birk£eld Ave. - ........................................ Candy St. to the east end. 4 ~ candy St. - ............................................. Birkfeld Ave. to Frenchglen Ave 4 Frenchfeld Ave. - ..................................... Harrisburg St. to MaryHurst St. 4 Maryhurst St. - ......................................... Frenchfeld Ave. to Warrenton Ave. 4 Unity Ct. - .............................................. Kingwood St. to the west end 4 Kingwood St. - ........................................ Frenchfeld Ave. to Brogan Ave. 4 Brightwood St. - ...................................... Frenchfrld Ave. to the north end 4 Brogan Ave. - ......................................... Brightwood St. to S. Jenkins Rd. 4 Harrisburg St. - ....................................... Brogan Ave. to the south end. 4 Silverton Ave. - ...................................... 208 Scottsburg St. to Newberg St. 4 Cascadia St. - ......~ ................................. Silverton Ave. to Warrenton Ave. 4 Panorama Dr. - ...................................... Fairfax Rd. to approx. 50/75 fi. east of Juniper Ridge Dr. 3 Royal Oak Dr. - .................... -' ................ Highlander St. to Fair Oaks Dr. 3 Fair Oaks Dr. - ...................................... Royal Oak Dr. to Oak Tree Ave. 3 · Oak Tree Ave. - ..................................... Fair Oaks Dr. to Highlander St. 3 Highlander St ....................................... Oak Tree Ave. to Royal Oak Dr. 3 Oakridge Dr. - ....................................... Panorama Dr. to Highland Oaks Dr. 3 Hidden Oaks Dr. - .................................. Highland Oaks Dr. to Highlander St. 3 Auburn Oaks Dr. - .................................. Fairfax Rd. to the east end. .- 3 Sweet Trail Ct. ----~ ...... , ....... , ................. Auburn St.to the north end. 3 Sierraglen Ct. - .......................... r ........... Aubum St, to the north end. 3 Deer Trail Ct. - ........... , .......................... Auburn St. to the north end. 3 Page 2 of 3 Street Resurfacing List Cont. WARD Parkfield Ct. - ....................................... Auburn St. to the north end. 3 Eastridge Ct. - ...................................... Auburn St. to the S/E end. 3 Fawndale Ct. - ..................................... Auburn St. to the north end. 3 Piper Ct. - .......................................... Auburn St. to the south end. 3 Aberden Ct. Aubum St. to the south end. 3 ~ Eissier Ct. - ........................................ Auburn St. to the south end 3 ' Kilcarey ........................................... Auburn St. to the south end. 3 La Costa Ct. - ..................................... Auburn St. to the south end 3 Loch Fern Ct. - ................................... Auburn St. to the south end 3 Loch Ness Ct. ' Auburn St. to the south end 3 Highland Ct. - ................................... Auburn St to the south end 3 Auburn Ct. - ............................... , ..... Auburn St. to the south end 3 Maywood Dr. - ...........~ ...................... Auburn St. to Glenbrook Ave. 3. STREET RECONSTRUCTION LIST Appleblossm Dr. - .............................. New Stine Rd. to Edmonton St. 6 Edmonton St. - ................................. Planz Rd. to Santanna Ave. 6 Estero St. - ................... . .................. Santanna Ave. to Hahn St. 6 Summer Side Ct. - ............................. Summer side Ave. to the north end .6 Santanna Ave. - ................................ Edmonton St. to Actis St. 6 Actis St. Santanna Ave. to Planz Rd. " 6 Trenna Ave. - ........................... ....... Edmonton St. to the west end 6 Actis St. - ....................................... Wilson Rd. to Posada Ave. 6 Barbara Ave. - ................................. Akers Rd. 'to the Westend 6 Barbara Ave. - .................... , ............ Akers Rd. to the east end 6 Lillian Wy. - .................................... Akers Rd. to the east end 6 Page 3 of 3 S~treet~Reconstruction List Cont. Lillian wy. - ........ · ............................ Akers Rd. to the west end 6 Coony Wy. - .................................... Akers Rd. to the east end 6 Coony Wy. - ........~ ........................... Akers Rd. to the west end 6 Ricky Wy. - ..................................... Akers Rd. to the east end · 6 Appletree Ln. - ................................. Akers rd. to Pepper Tree Ln. 6 AU6- 3 200, ' B A K E R S F I E L ?_ MANAGIER'SO,. Economic and Community Development Department MEMORANDUM ~,/~,~ ~ July 29, 2004 TO: Alan Tandy, City Manager ,~_.)~v~'''- 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, 4th quarter (May 1 to July 1) concerning on-going housing, economic and community development projects. CAPITAL IMPROVEMENT PROJECTS 1. Automated Chemical Controllers for Swimmin.q Pools Funds of $45,500 .(FY 02-03) were budgeted to install automated chemical controllers at Jefferson and Martin Luther King Jr. Parks. The controllers are scheduled to be installed when the swimming pools are rehabilitated. Martin Luther King, Jr. pool rehabilitation was completed June 15, 2004. Construction bid opening for Jefferson pool rehabilitation will be August 3, 2004. Construction is scheduled to start in August and completed by April 2005. 2. Acquisition and Demolition Pro,qram Funds of $210,350 (FY 03-04) are available for acquisition and demolition of deteriorated industrial,, commercial and residential properties in economically distressed areas for economic development projects. These funds are earmarked for the Baker Street corridor in connection with the Old Town Kern Mixed Use Project. The acquisition process is currently under way on multiple commercial sites and demolition will take place when the properties have been acquired. About one-third of the funds remain. 3. 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 August 2004. Construction is scheduled to start by November 2004 with completion early 2005. We are waiting to hear if an additional $300,000 will be received from HUD under their 2005 budget. If successful, this project will be upgraded with enhanced streetscape work. S:\VZ\QTLY~FY04\Final 4th Quarter 2003-04.doc 1 4. Brundage Lane Streetscape Section 108 loan funds of $325,000 were budgeted to install median streetscape, sidewalk and lighting improvements from Chester Avenue to Union Avenue. HUD deadline for City expenditure of the Section 108 funds is by December 31,2004. Design was completed in late April 2004. Public Works forces installed the curbs and gutter portion of the project. Construction began in May and should be completed by October 2004. 5. California Avenue Streetscape Project Section 108 loan funds of $413,500 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. HUD deadline for City expenditure of the Section 108 funds is by December 31, 2004. Design was completed in June. The construction bid was awarded on July 21,2004. Installation is expected to start by August and be completed by October. 6. Fire Station #5 Construction Project Funds of $20,955 (FY 02-03) were budgeted for acquisition, design and construction of a new fire station no. 5 to be located at Union Avenue and White Lane. Site acquisition and construction design were delayed until more funds become available in FY 04-05. Property Management has initiated site selection which should be completed by September 2004. An environmental document can be prepared and project design can proceed, only after an eligible building site has been identified. 7. Jefferson Park Swimmin.q Pool Rehabilitation Funds of $629,000 (FY 01-02, FY 02-03 and FY 03-04) are available for rehabilitation of the swimming pool at 801 Bernard Street. Funding is from a Section 108 loan and CDBG funds. The Section 108 loan funds ($300,000) became available last August and the HUD deadline for City expenditure of these funds is by January 31,2005. In addition, $234,770 from the Recreation and Park Department budget is also available. Construction bids were rejected in December 2003 for being too high. Construction bids will be opened again on August 3, 2004. Construction is scheduled to start in September and be completed by April 2005. 8. 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 and restroom roofs at the MLK Jr. Park Community Center. A construction bid of $21,500 was approved on April 14, 2004. Roof installation began in late May 2004 and is scheduled for completion by July, 2004. 9. 19th Street and Eye Street Streetscape Improvement Project th Funds of $209,000 (FY 03-04) were budgeted for streetscape improvements on 19 Street from H Street to Eye Street 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. Additional funds have been budgeted in FY 04-05 for this project. Design is scheduled to start in August and be completed in September 2004. Construction should begin in January and completed by February 2005. S:\VZ~QTLY~FY04~Final 4th Quarter 2003-04.doc 2 10. Planz Park - Wet Play Area Proiect Funds in the amount of $250,000 (FY's 01-02, 02-03 & 03-04) were budgeted for the design and construction of a wet play area and improvements. Project design is scheduled to start in October with completion by November 2004. Construction is expected to begin in January and be completed by April 2005. 13. 32 Acre Park Improvement Project Staff received approval notice of their application for $314,822 in grant funds to the California Department of Housing and Community Development. Grant funds were available through the Jobs-Housing Balance Incentive Grant Program. The grant requires that funds will go towards constructing 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 was completed in late March 2004. Recently construction bids were rejected for being too high. A redesign and re-bid for construction will be issued in Fall 2004. 14. Southeast Bakersfield Street Improvement Project Funds in the amount of $300,651 (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, Brundage Lane on the south and "Q" Street on the west. Construction started with Public Works in June and is expected to be completed by October 2004. 15. Southeast Bakersfield Street Li.qht Improvement Project Funds of $42,000 (FY 01-02) were budgeted to upgrade street lighting in two areas of 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. Project design has been completed. There is currently a shortage of City forces and/or funds available to complete the lighting project. 16. Southwest Corner of Chester Ave. and Brunda.qe Ln. St. Improvement Project Funds of $91,046 (FY 01-02) were budgeted for curb, gutter and sidewalk reconstruction. The adjoining property owner intends to develop a McDonald's Restaurant. Design is underway and is scheduled to be completed in September. Construction cannot proceed until the adjoining wedding chapel on Brundage Lane is demolished by the owner. The demolition should take place by August 2004. 17. Street Reconstruction Improvements-Low Income Residential Neiqhborhoods Funds in the amount of $220,709 (FY 03-04) were budgeted for the reconstruction of streets in qualified Iow-income residential neighborhoods. City crews started construction last May and completion is expected by July 2004. S:~VZ\QTLY~FY04\Final 4th Quarter 2003-04.doc 3 18. Union Avenue Area Street Project (3rd to 4th streets) Funds of $77,546 were budgeted (FY 02-03) to provide street improvements in an area bounded by 4th Street on the north, Union Avenue on the east, 3r~ Street on the south and "V" Street on the west. PG&E moved four power poles on 3rd Street so that the street improvements could be installed. Installation started early this year and was completed in June. 19. Union Avenue Street Improvement Project Section 108 funds of $61,500 were budgeted for installation of median streetscape, sidewalk, and lighting improvements on Union Avenue from California Avenue to Belle Terrace. The Section 108 loan funds became available last August and the HUD deadline for City expenditure of these 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 (the rest of the project) will be constructed should more funds become available. Design for Phase I is scheduled to be completed in July. Construction is expected to start in September and be completed by October 2004. 20. Union Avenue Area Street Light Improvement Project Funds of $16,241 (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. Design was completed last January. There is currently a. shortage of City forces and/or funds available to complete the lighting project. 21. Wayside Park Playground Improvement Project Funds of $223,000 were budgeted (FY 03-04) to replace old playground equipment with handicapped accessible equipment. Design was completed in early April. Construction bids were opened on May 26th and awarded on July 7th. Installation is expected to start in August with completion by October 2004. 22. Wayside Park - Wet Play Area Project Funds in the amount of $317,000 (FY's 98~99, 00-01, 01-02, 02-03, and 03-04) were budgeted for design and construction of a wet play area at Wayside Park. Design was completed in May. Construction bids were rejected on June 9t' for being too high. City forces began construction in June and they are scheduled to be completed by end-of-J'~.. 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 Section 108 loan funds of $200,000 were budgeted for construction of a career counseling/training center in southeast Bakersfield. The Section 108 contract deadline for City expenditure of these funds is January 31, 2005. Originally planned was a 4,000 square foot facility to be located .on HACK property at East California Avenue, however, recent correspondence from the Housing Authority of the County of Kern indicates that due to cutbacks in state and federal funding, the training center is not be feasible at this time. S:~VZ\QTLY~FY04\Final 4th Quarter 2003-04,doc 4 To preserve these funds and meet the Section 108 deadline, the $200,000 will need to be reprogrammed with HUD Washington to another existing unfinished Section 108 eligible pool project which would require an amendment to the current Section 108 contract. 2. The Bakersfield Police Activities League (BPAL) FY 02-03 CDBG funds of $108,000 were made available to BPAL April of last year in order to install modular building units at 301 E. 4th 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. JTS Construction was the only respondent to the second bid with a price of $127,380. City will provide $108,000, County will provide $13,000, and BPAL will pay the balance of $6,380. BPAL accepted this bid and City of Bakersfield issued its notice to proceed on March 30, 2004. The classroom project is expected to be completed by July 2004. 3. Bakersfield Police Department Southeast Satellite Office The Bakersfield Police Department is using $85,000 of FY 03-04 CDBG funds to lease and staff a satellite office in southeast Bakersfield. The site is located on Dr. Martin Luther King, Jr. Blvd. in the Oro Vista public housing complex. The office is open from 8am to 5pm, Monday through Friday. A full time officer, a Crime Prevention Specialist and a technician are assigned to the office. Lieutenant Dave Haskins will be in the office several days each week. Public services are on-going. 4. Bakersfield Senior Center The Bakersfield Senior Center located at 530 4th Street will use $50,000 (FY03/04 CDBG funds) to continue its current level of services to seniors in southeast and central Bakersfield. 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. City funds have been fully expended. 5. Bakersfield Rescue Mission The Bakersfield I{escue Mission, (BI{M), located at 830 Beale Avenue proposes to use $260,000 (FY 2003-04 CDBG funds) to expand their food services operations to accommodate 700 meals per day, served to homeless and Iow income families and individuals in Bakersfield. BI{M 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. BI{M is now procuring an appraisal to form the basis for a purchase offer. Escrow has opened and the purchase will take place by July for approximately $256,000. 6. Employment Reports Staff continues to review annual (performance) employment reports for businesses that received CDBG funds. S:\VZ\QTLY~FY04\Final 4th Quarter 2003-04.doc 5 Emergency Shelter Grant Funded 1. Bakersfield Homeless Center An agreement with Bethany Services (dba The Bakersfield Homeless Center) requesting approval for ESG funds (FY 03-04 - $51,000) was approved by the City Council last November. Funds will be used for operation and maintenance. About 70% of the ESG funds have been expended and public services for the Bakersfield Homeless Center are on-going. 2. Bakersfield Rescue Mission An agreement with 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. About 50% of the ESG budget has been expended and public services for the Bakersfield Rescue Mission are on-going. 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) An agreement has been executed that allows CAP of Kern to utilize $100,000 of Community Housing Development Organization (CHDO) funds to be used for their housing acquisition and rehabilitation program. Of the $100,000, CAP of Kern will utilize $75,000 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 will 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 CHDO deadline for completing this program is no later than December 2006. Currently staff is re-certifying CAP of Kern as a CHDO, at which time a Notice to Proceed will be issued. 2. Habitat for Humanity An agreement has been executed that allows Habitat to utilize a total of $100,000 in CHDO funds to build five 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. Habitat will initially have access to $50,000 to expend within 18 months. If they perform satisfactorily Habitat would have access to the additional $50,000 to expend also in 18 months. Habitat has submitted a request for the purchase of their first property 337 Haley and is currently being reviewed by staff. S:\VZ~QTLY~FYO4\Final 4th Quarter 2003-04.doc 6 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. After the final waiting period, the City only received one of the project properties, 301 South Owens. All of the documentation has been completed and title to the property has been received. Along with the two properties previously purchased, staff is currently working with Bakersfield College to transfer the lots for development of affordable housing through their Construction Training Program. 4. The Parkview Cottaqes Housing Proiect The City was awarded a $1.4 million HELP grant that is targeted for the Parkview Cottages housing project near Central Park. 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. Staff 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 $10.4 million of which $1.1 in HOME and RDA funds have been set aside for the City's Down Payment Assistance program. The developers schedule is to have two models and three units for purchase completed by January. The anticipated completion date remains January 2006. Site grading has been completed and trenching for underground services has begun and is expected to continue through August 2004. 5. Southeast Bakersfield Infill Housing Project The City was awarded a $500,000 CalHFA loan to build affordable housing on scattered lots in southeast Bakersfield. The RDA assumed all rights and obligations of the CalHFA 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. Key round two changes include: no grant for property ' acquisition; increase of loan amount from $50K to $65K; agreement time frames increased from 18 months to two years; and each developer is obligated to complete at least four homes within the two-year period which expires July 2005. This fiscal year, six new homes were constructed, bringing the total of new homes to thirteen. Staff anticipates the completion of another ten homes by the end of June, 2005. 6. Maranatha Corporation Housing Project At the February 6, 2002, City Council meeting, Maranatha Corporation received 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 project savings from several HOME activities from FY's 98-99, 99-00, and 00-01. 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. Last month staff toured the Moreland Corporation wall panel assembly plant (part of the Maranatha project), and walked through a model home built in the factory. The plant is completed and fully operational. s:~VZ\QTLY~FYO4~Final 4th Quarter 2003-04.doc 7 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. This agreement has expired and staff is working on a new agreement that will recommend Maranatha be given an additional six months to complete the homes. The new agreement is expected to go to Council in August 2004. 7. Sin.qle-famil¥ Rehabilitation (SFR) Pro_qram Rehabilitation is underway on seven home improvement projects. Twenty-five applications are currently under review and four projects were completed during the quarter. Twenty- three SFR rehabilitation applications were received during the quarter. 8. Home Accessibility (HA) Pro.clram The annual HA contract with Muxlow Construction was approved November 2003 in the amount of $55,000. To date, 28 have been completed and staff is currently working on another 5 pending applications. Approximately $5,000 in encumbered funds remains in the contract. 9. Housin.q Rehabilitation Marketin.q Staff received approximately 75 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 Housin.q Quarterly statistics compiled from reporting data collected from April through June indicate approximately 325 calls on the fair housing hotline. There were 43 substantial service calls that dealt with fair housing issues. There were two formal complaints filed this quarter. Both complaints are being reviewed by staff. The fair housing discrimination complaints and inquires to the Fair Housing Hotline breakdown as follows: Familial Status - 45%, Race- 40% and Disability- 5%. In accordance with HUD regulations, the City is required to conduct an Analysis of Impediment ("Al") to Fair Housing Choice as a component to its Consolidated Plan 2010 ("ConPlan"). Staff has prepared a RFP for an Al for the City which is a comprehensive review of a jurisdiction's laws, regulations, and administrative policies, procedures, and practices affection the location, availability, and accessibility of housing as it relates to fair housing choice. The impediment analysis is also a disclosure and review of impediments to fair housing choice in the public and private sector. EDCD has been awarded a $30,000 transportation related grant from Kern COG for investigating transit issues related to fair housing choice. The funds are the primary funding source to hire an outside consultant to conduct the Al. Request for Proposals have been mailed out to twelve consultants who specialize in this field. The proposals are due in July. A consultant contract is pending for Council action' in August. S:~VZ~QTLY~FY04\Final 4th Quarter 2003-04.doc 8 11. California Avenue Senior Housin~ (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. CVE was successful .in their tax credit funding application and was tentatively awarded about $13.7 million. Framing of the three story complex is currently underway with an anticipated completion date by December 2004. 12. 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 of the commercial part of the project is anticipated tobe completed by the Fall of 2004 with the construction of the housing units to follow. 13. Bakersfield Senior Center Housin.q Project The Bakersfield Senior Center (BSC) was awarded $932,000 in HOME funds to assist in the development of 80 housing units for very Iow income seniors at "R" and 5th street. The project is a joint venture between the Bakersfield Senior Center and 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 project is now complete and staff expects the ribbon cutting and first occupancy to happen in July. 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 southeast Bakersfield 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. Early this month, training of the five initial students was initiated and rehabilitation on the first property is underway. About one-third of the funds have been expended and the project agreement expiration deadline is September 2005. S:~VZ\QTLY~FY04\Final 4th Quarter 2003-04.doc 9 16. Baker Street Revitalization Project (Old Town Kern Mixed Use Project) The proposed project is the development of a mixed-use project that includes 40,000 + square feet of new commercial space, and the construction of 120 + units of affordable housing. The mixed-use project will also include the construction of a public plaza open area. Total cost of the project is projected to be about $19 million. HuD funds earmarked for this activity to date include $1,000,000 (Section 108 Loan), $250,000 (Brownsfield Economic Development Initiative (BEDI) funds), $300,000 (HOME New Construction Assistance), $360,000 (tax increment funds) and $210,000 (CDBG Commercial/Industrial Acquisition and Demolition program) to assist ih land acquisition and relocation of existing businesses/tenants. A subrecipient agreement with the RDA has been developed for transferring project responsibility and funds for complying with HUD requirements for this project. The HUD deadlines for City expenditure of the Section108 loan funds is December 1,2004, and for the BEDI it is December 1,2005. Staff is exclusively working with developer, Urban Innovations, LLC, to develop a Disposition and Development Agreement (DDA). Urban Innovations, LLC is anticipating applying for federal Low Income Tax Credits (LITC) for the120 + units in conjunction with a LITC housing developer. The City/Bakersfield Redevelopment Agency has purchased eight properties, has two pending acquisitions, and is negotiating, for five additional properties. Two residential tenants and two businesses have been relocated. The relocation of six additional tenants is currently underway. 18. 24th and "M" Street Development (The Village at Towne Centre) Staff, through the Redevelopment Agency, worked with a local developer to acquire a vacant Caltrans parcel at 24th and "M" streets. 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. 19. Mill Creek District Project The City awaits word from the California Department of Parks and Recreation regarding the City's $3 million grant. The grant application for Mill Creek, a 1.5 mile linear park proposed along the Kern Island Canal from Golden State to California avenues. A decision on this application is due "summer/fall 2004." In addition to the State grant application, an application to Kern Council of Governments (KernCOG) was submitted July 9 to help fund the trail and pedestrian bridges. A separate request to consider funding was submitted to The California Wellness Foundation July 7 for purchase and installation of two sets of exercise equipment designed for senior adults. 20. Bakersfield Redevelopment Areas Cleanup Effort (BRACE) This revolving loan program, funded by a $1 million grant from the U.S. Environmental Protection Agency (EPA), funded its first project. A subgrant was made to the Assistance League of Bakersfield to fund the cleanup of asbestos from its new location at 1924 "Q" Street. This first project assists the relocation of the Assistance League in order to make room for private development around the new Aquatics Center and Ice Sports facility. In the coming weeks, a major marketing effort will begin to promote the availability of these funds in the three, redevelopment areas. S:~VZtQTLY~FY04~Final 4th Quarter 2003-04.doc 10 21. Consolidated Planning EDCD staff is developing a new Consolidated Plan (ConPlan) in order to continue receiving federal funds from the Federal Department of Housing and Urban Development (HUD). The existing ConPlan will expire June 30, 2005. Beginning FY 05/06, the City must demonstrate to HUD that it has completed and is following an approved Consolidated Plan. The main components of the new ConPlan include: a housing, community and economic development needs assessment; a housing market analysis; an Analysis of Impediments to Fair Housing Choice; a strategy that reflects general goals (priorities) and performance outcome measurements for allocating HUD funds to address the HCD needs; a list of specific objectives for each priority need (including proposed accomplishments); and an annual action plan (one year funding) describing how federal and local resources will be used to address the needs and objectives identified in the ConPlan. During the preparation of the ConPlan 2010, City staff will be soliciting input from community residents and stakeholders involved with housing, job development, public facilities, and health/social services. A community needs survey has been developed and posted on the City's website in order to facilitate this process. 22.' Bakersfield College Construction Alliance for Student Achievement Project The City of Bakersfield collaborated with Bakersfield College (BC), County of Kern, Coleman Homes, Habitat for Humanity, Housing Authority of the County of Kern (HACK), Restoration Community Project, Inc., and Bakersfield Adult School to form the Construction Alliance for Student Achievement (CASA) project. BC, the project lead, was awarded a HUD grant of approximately $500,000 in late spring, 2003 to implement CASA. The project is a collaboration of organizations that will address the City's demand for skilled constructions workers and the need to provide job development and training skills among minority populations located in older Iow income neighborhoods of Bakersfield. The City's contribution to the collaboration is to provide up to four vacant lots in our revitalization area, for CASA participants to build four affordable single family homes. Presently, BC is reviewing a draft application to transfer ownership of the properties from the City of Bakersfield to BC. Staff anticipates submitting this agreement for City Council action in September of 2004. Staff is also exploring the possibility of BC serving as a developer in the Southeast Infill Area and accessing the three percent loan program. S:\VZ~QTLY~FY04~Final 4th Quarter 2003-04.doc 11 B A K E R S F I E L D OFFICE OF THE CITY MANAGER MEMORANDUM August 5, 2004 To: Alan Tandy, City Manager From: Darnell Haynes, Assistant to the City ManagerD~7~ Subject: City Council Referral - 000831 Maggard - Identify Infrastructure Risks Councilmember Maggard requested staff at various levels throughout the organization assist in identifying city infrastructure which may be potentially at risk in the future. I contacted each department head and requested assistance to respond to the Council referral and asked them to assign staff at various levels within their departments to work with me on a response. I received feedback from Public Works, Development Services, Finance, Water Resources, Fire, City Attorney's Office and the Recreation and Parks Department. I scheduled individual meetings or made phone calls to the various department contacts to obtain the information included in this memorandum. The following is an overview by department of the process followed. I met with Brad Underwood Public Works Operations Manager, Steve Hollingsworth, General Services Superintendent and spoke to Ernie Medina, Equipment Superintendent, and Arnold Ramming, Civil Engineer IV Design, to ask them if they had any infrastructure concerns related to their respective areas of responsibility. The general question I asked all of them was what current processes and procedures are in place to ensure adequate, maintenance of existing city infrastructure. A follow up question was could they identify any concerns about infrastructure in their respective areas of responsibility that may be at risk in the future. 'Topics covered in our conversations are listed below by department. In general, there is a heightened sense of awareness among the staff of the importance of having appropriate procedures and processes in place to ensure adequate maintenance inspection and safe keeping of city facilities and infrastructure. Public Works · Storm and Sewer Lift Stations · Sewage Treatment Plants and Plant Dams · Roadway and Canal Crossings · Bridge Under and Over Crossings · Above. and Below Ground Fuel Storage located at Fire Stations 1, 2, 6, 7, 9, 10, 13, 15 and the Southwest Police Sub-Station · Corporation Yard unleaded gasoline, diesel and liquid compressed natural gas station · Downtown Police Garage Facility unleaded gasoline, diesel and liquid compressed natural gas station Development Services I met with Jack Leonard, Building Director to ask him if he had any infrastructure concerns related to his areas of responsibility. The general question I asked was what current processes and procedures are in place to ensure adequate maintenance of existing city infrastructure. A follow up question was could he identify any infrastructure concerns that may be at risk in the future. · 18th and Eye Street Parking Garages · Mobile Emergency Trailer Staff is currently developing an earthquake preparedness response plan to create an emergency trailer containing a tent, emergency generator, a self-contained computer to process building permit related activities and ultimately a backup mini-AS 400 computer system which runs the building permit system. This program is currently in process. Water Resources I spoke to Florn Core, Water Resources Manager and received correspondence from Mark Lambert Water Resources Superintendent. The general question I asked was what current processes and procedures are in place to ensure adequate maintenance of existing city infrastructure. A follow up question was could he identify any infrastructure concerns that may be at risk in the future. · Kern River Levee .· Kern River Channel and Canal system · Weirs · Domestic Water Storage Recreation and Parks I spoke to Alan Christensen, Interim Recreation and Parks Director, Ken Trone, Park Construction and Facility Planner, Greg Kronk, Director of Park Operations and received correspondence from Ken Trone. The general question I asked was what current processes and procedures are in place to ensure adequate maintenance of existing city infrastructure. A follow up question was could he identify any infrastructure concerns that may be at risk in the future. · Park Playgrounds · Restroom Refurbishing · Park Re-forestation · Tree Pruning · Irrigation Infrastructure I also received comments from the Finance and Fire departments, however, based on the information received, it was not necessary to schedule additional meetings. In conclusion, as major community projects such as the Westside Parkway are constructed, and local Transportation Development projects paid for by new development are constructed, along with future capital improvement projects, and increased residential and commercial development, construction, these projects will provide strategic opportunities to upgrade existing older infrastructure throughout the city and ensure that no city infrastructure is at risk in the future. Going through this process was also helpful in identifying the frequency and type of inspection and maintenance schedules that are in place in each of these areas. Please let me know if anything further is needed. 3 RECEWEE) ~, MANAGER'S OFFICE K E R S F I E L D PUBLIC WORKS DEPARTMENT CITY OF BAKERSFIELD MEMORANDUM August 4, 2004 TO: ALAN TANDY, CITY MANAGER FROM: RAUL M. ROJAS, PUBLIC WORKS DIRECTOR SUBJECT: LETTER TO CAL TRANS RE: 178/FAIRFAX Council Referral #819 Councilmember Maggard requested Public Works staff prepare a letter to CalTrans. Express Council's extreme displeasure regarding the delay of the overpass project at Hwy. 178/Fairfax, and the lack of median in the area between Oswell and Fairfax which has resulted in the loss of life. The attached letter was faxed to Caltrans today, copies sent to the news media, and the original placed in the U.S. Mail. G:\GROUPDA%Referrals~2004\06-23\819 - Jack.doc B A K E R S F I E L D CALIFORNIA ~ ~ $ August 4, 2004 ~ .__ Mr. Jay Norvell, Interim Director State of California Department of Transportation CITY COUNCIL District 6 1352 West Olive Avenue aarveyL, aan Fresno, CA 93728 Mayor DavidCouch RE: STATE ROUTE 178 @ FAIRFAX ROAD INTERCHANGE lf~ce-Mayor' Ward4 Dear Mr. Norvell: IrmaCarsOnwardl It is with great sadness and heavy heart that I write this letter to you. On June 17, 2004, Kathi Ko°p tragically died in an automobile accident on SusanlVLBenham State Route 178 near Fairfax Road. Kathi was not only a devoted wife Ward2 and mother; she was also a pillar in her church and a highly respected member of our community. Mike Maggard Wards This tragedy is.magnified given the fact that the State Route 178 and }taroldW. Flanson Fairfax Road interchange project should have been well on its way to WardJ being completed at the time the accident occurred. Instead, bureaucratic delays have caused the project to be delayed by more then JacquieSullivan three (3) years.' Had this improvement been completed, this tragic death Ward6 may have been avoided. Mark Salvaggio War,Z? Mr. Norvell, what can be done to expedite this process and prevent another tragedy from occurring. I stand 'ready to assist in any way possible to insure this project gets completed as early as possible. Please do not hesitate to contact me should you have any questions. Very truly yours, Mike Uagglrd~-~''---'~) Councilmember, Ward 3 copy: Alan Tandy, City Manager Raul M. Rojas, Public Works Director 1501 Truxtun Avenue · Bakersfield, California 93301 · (661) 326-3767 .'Fax (661) 323-3780 MEMORANDUM 1AUG-2200 ' I_I TO: ALAN TANDY, CITY MANAGER ' '~' ~""~ ..... -~?' FROM: .~ACK HARDISTY, DEVELQPMENT SERVICES DIRECTOR DATE: August 2, 2004 SUBJECT: TENTATIVE AND FINAL MAP PROCESS Council Referral No. REF000848 VICE-MAYOR COUCH REQUESTED STAFF PREPARE A SYNOPSIS OF TENTATIVE AND FINAL MAP PROCESSES AND EXTENSION PROCEDURES FOR THESE TYPES OF MAPS. The attached flow charts/diagrams explain the process and timeline for vesting rights. Included is the following. Flow chart for vesting tentative map process. · Flow chart for final map process ..... · Linear timeline and explanation of vesting rights. JIq:djl Attachment P:\CCReferral\Ref000848.doc VESTING TENTATIVE MAP PROCESS I APPLICATION SUBMITTEDI COMPLETENESS REVIEW LETTER TO APPLICANT APPLICANT RESPONDS I TO COMPLETENESS ITEMS I APPLICATION DEEMED COMPL/RIGHTS VEST/ P.C. HEARING SET P.C. HEARING I I I MAP APPROVEDI I MAP DENIED I I I 13 YR MAP LIFE I' APPEAL tOI I no APPE^LI I t MAP DIES I ALL PHASES OF REQUEST . MAP RECORDED. ~ EXTENSIONI I CITYCOUNClL HEARING/^CTIONI (SEE FINAL ' I I MAP PROCESS) I P.C. HEARING I I MAP MaP APPROVED DENIEDI 2 YRS 2ND (TOTAL 5 YRS) CITY COUNCIL NOTES: · TYPICAL MAP LIFE - INITIAL 3 YEARS WITH 5 ADDITIONAL YEARS OF EXTENSIONS IS 8 yEARS · . EXTENSION OF TIME FOR TENTATIVE MAP CAN ONLY BE DENIED IF FAILURE TO DO SO WOULD PLACE THE RESIDENTS OF THE SUBDIVISION OR IMMEDIATE COMMUNITY IN A CONDITION DANGEROUS TO THEIR HEALTH OR SAFETY OR TO COMPLY WITH FEDERAL LAW · THE SUBDIVISION MAP'ACT PROVIDES FOR AUTOMATIC EXTENSIONS WHEN SUBDIVIDER IS REQUIRED TO EXPEND $125,000+ TO CONSTRUCT OFFSITE IMPROVEMENTS (SEE ATTACHED TABLE) VEST~ ~ P~OC~SS FINAL MAP PROCESS . (RECORDING A PHASE OR ALL OF A TENTATIVE MAP) IMPROVEMENT PLANS I PROCESSED I(MAY REVIEW SEVERAL I PLAN CHECKS) C.C. APPROVES AGREEMENTS ] FINAL MAP CHECK [ MAP RECORDS (VESTING RIGHTS LAST 1 YEAR) I ALL PERMITS SOME OR NO PULLED PERMITS PULLED I NEW FEES I1 YR EXTENSION PA D I REQUESTED P.C. HEARING I I URN'ED I I ^PPROV DI I I APPEALED TO NEW FEES ALL PERMITS NEW FEES CITY COUNCIL PAID PULLED UNDER PAID I VESTED RIGHTS AFTER 1 YR EXPIRES I CITY COUNCIL I HEARING/ACTION I I APPROVED I IDENIED I I PULLED UNDER PAID PAID I VESTED R GHTS AFTER 1 YR NOTES: EXPIRES · VESTING RIGHTS AUTOMATICALLY LAST FOR 1 YEAR AFTER RECORDATION · APPLICANT'MAY REQUEST A 1 YEAR EXTENSION OF VESTING RIGHTS. THIS 1 YEAR EXTENSION IS DISCRETIONARY AND REQUIRES NO SPECIAL FINDINGS FINAL MAP PROCESS VESTING RIGHTS LIFE SUMMARY: The vesting rights for a map start on the date the tentative map application is deemed complete by the Planning Department and extend for a period one year (or two years with Planning Commission approval) after each phase of the map is recorded. Since the developer controls when each phase is recorded, the vesting rights for a map can last from 18 months to 17 years in some cases. It is not a fixed time period because it depends on when each phase is recorded during the life of the tentative tract. Typical Tentative Vestinq Map Life State Map Act (SMA) says map expires after 24 months or after any additional period of time prescribed by local ordinance not to exceed 12 additional months. City ordinance gives 36 months at the beginning. BMC ,! 6.16.080A & B SMA 66452.6(a)(1) 66452.6(e) 3 yrs. initialCity extensions 5 yrs. Final recorded Additional yr. life (mandatory w/o vests 1 yr. may be health & safety issues) approved by Planning Commission 0 3 yrs. 8 yrs. 9 yrs. 10 yrs. Map with $125~000 + in offsite improvements - phased vestinq map. aMC 16.16.080A 16.16.080E 16.16.080B SMA 66452.6(a)(1) 66452.6(a) (1-3) 66452.6(e) 3 Record Record Record City Final Additional years Phase 1 Phase 2 Phase 3 extensions Recorded yr. may be initial add 3 add 3 yrs. add 1 yr. 5 yrs. Vests 1 approved by yrs. auto. auto. yr. Planning auto. Commission 3 yrs. 6 yrs. 9 yrs. 10 yrs. 15 yrs. 16 yrs. 7 yrs. (max. auto) (Ttl. possible) Explanation of Vestinq Riqhts Life (after each phase is recorded) At any time during the life of the tentative map, the subdivider can record some or all of the phases of the map. The State Map Act says the vesting rights for the recorded phase shall last for no less than one year and no more than two years beyond recordation as stated in the local ordinance. The city's local subdivision ordinance (BMC 16.24.090C) adopted 1 year. A one year extension to this time frame may be requested by the applicant (BMC 16.24.090C.3., SMA 66498.5(b)). This one year extension is discretionary and requires no special findings.