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HomeMy WebLinkAbout01/28/05 B A K E R S F I E L D CITY MANAGER'S OFFICE MEMORANDUM January 28, 2005 TO: Honorable Mayor and City Council FROM: Alan Tandy,'City Manager ~/~ SUBJECT: General Information 1. A status / update on actions taken to achieve Council goals is enclosed. At a later time, staff will make suggestions about deleting some of the completed items. City Council may also want to start giving thought to updating the when time and schedule allow. 2. The water seen in the Kern River through Bakersfield is due to the surpluses generated by the early January storms in the northern part of the state. Water from the California Aqueduct system in the delta region and the San Joaquin River system has made its way to the Kern River channel. There is a small amount of Kern River water in the mix also. The new Bellevue Weir structure near Stockdale Highway is running at the highest levels since constructed. This is the Iow water demand period of the year, and the water is allowed to replenish the underground aquifer that will raise water levels in our wells. These flows may last for the next month, depending on weather patterns. It is great to see the river flowing again. 3. Several councilmembers have expressed concern about the on-going graffiti problem. Chief of Police Rector has prepared the enclosed action plan that will focus on 'prevention, enforcement, and accountability of offenders. It is quite a comprehensive program. Thanks are due the Chief! 4. Updates on several traffic issues are enclosed - consideration of a traffic signal at 24th Street and Elm Street and a right turn lane at 24th and Oak Streets. 5. Responses to Council requests are enclosed, as follows: Vice-Mayor Ma.q.qard · Results of code enforcement investigation regarding group home at Dorset Drive; · Response to citizen regarding concerns at Royal Coach Circle and the extension of the bike path; Councilmember Couch · Report on the status of a grade separation on Rosedale Highway just west of Landco; Councilmember Hanson · Results of code enforcement investigation at Angels Camp and Hornitos. AT:rs cc: Department Heads Pamela McCarthy, City Clerk City of Bakersfield 2003 - City Council GoaLs and Guidin~ PrincipLes Status Report - danuary 2005 CITY OF BAKERSFIELD 2003 City Council Goals GOAL # 1' PROVIDE QUALITY PUBLIC SAFETY SERVICES Police Services: 1. PROVIDE CONSISTENT SAFETY AND LAW ENFORCEMENT THROUGHOUT GREATER BAKERSFIELD. 2. Support and enhance proactive, citY-wide efforts to reduce gang violence, illegal drug use, domestic violence and child abuse. Drug Abuse Resistance Education continues to be taught 'by p~lice officers in 37 school districts, reaching 7,500 children. Alongside the Alliance Against Family Violence, uniformed officers educate domestic violence victims and their ~amilies through the Domestic Abuse Response Team. 3. Increase the number of actual participants and neighborhoods participating in the Neighborhood Watch program. Th'e number of Neighborhood Watch block captains increased, to 824 in 2004. Crime Prevention's on-line e-tip information was electronically sent monthly, ~to 1025 local households and businesses in 2004. 4. Support implementation of the strategic plan developed by the Police Department to address delivery of Police services. Continue funding proposed substations and associated staffing when possible. The Police/Fire Station at Buena Vista Road and Deer Peak Drive was. 'completed in Spring 2004 and occupied immediately. This facility brings public safety services directly to this rapidly growing portion of the City. 5. Continue the implementation of the red light camera enforcement program and support increased traffic safety efforts through targeted red light violation enforcement and public education regarding the hazards of excessive speed and distracted driving. Three additional! 'l~igh volume intersections have been added to the red light camera enforcement program. Members of the traffic section spoke to graduating seniors at all local high schools about the dangers of inattention, speed, and driving while intoxicated. 6. Encourage community efforts to identify and address the root causes of crime in Greater Bakersfield.* The Police Department continues to participate in the Vision 2020 Quality of 'Life Task Force to strategically identify and address crime problems. The department also has involvement through committee participation in several homeless, drug and alcoholl abuse, and child abuse prevention programs. 7. Pursue and coordinate Homeland Security programs and facilitate information sharing with state and federal agencies regarding regional security concerns. The Police Department is a key member of a federal and state Homeland Security team that works closely with .representatives from our state's and nation's capitol. 8. Pursue additional grant funding for Police Service Programs. Grant funding has beenl secured for technology hardware and software, Crime Analysis programs, and for targeted ,traffic safety enforcement. The Police Department will continue to seek various types of grant funding from a variety of sources. 9. Explore new or alternative funding mechanisms for constructing and staffing new police facilities. The use of community development block grant funding for facilities and for staffing, will continue. Other potential funding sources will continue to be explored. Staff is exploring ;the use of Community Facilities Districts as a possible financing alternative for operating andi 2003 City Council Goals - Adopted 9/24/03 Status Report 1105 Page ] (Vision 2020 related items are shown with a * Proposed new items **) iacility costs in new areas Where large scale developments are planned. Mid-year budget restoration provided for an additional 7 Police Officer positions. The City also received a, ,COPS grant for 8 school resource officers through the Department of .lustice. 10. Work with the City Attorney's office to develop a plan to prosecute "quality of life" misdemeanors in conjunction with the District Attorney's Office.** Fire Services: 1. PROVIDE CONSISTENT FIRE AND RELATED EMERGENCY SERVICES THROUGHOUT BAKERSFIELD. 2. Implement new station development plans (Pursuant to Joint Powers Agreement with County, !ncluding funding the construction and staffing of Station. #12). $1,000,000 has been set aside for construction of stations #12 and $300,000 towards a new southwest station. The =Fire .1PA is currently under review by both City and County Fire departments regarding future station locations.'. 3. Use technology to develop faster, safer, and more efficient responses to emergencies. A. Evaluate funding options to implement use of Mobile Data Computers and Automated Vehicle Locators. Mobile computers have been purchased thru Weapons of Mass iDeStruction grant and implementation is currently underway (using Engine 8), B. Continue accelerated installation of traffic signal preemption/priority devices by working with Golden Empire Transit and utilizing grant funds. City received a $1 million Federal. Grant for preemption devices in partnership with Golden Empire Transit. It is anticipatedi ,..that construction will be underway by March. 4. Continue weapons of Mass Destruction training and preparation. City-has received $1.2 million in federal grant funding as lead agency rebated to Weapons of Mass Destruction, preparedness and training. The City has received a grant funded position, starting in .lan' '2005, for multi-agency training in responding to a terrorist act using the Metropolitan Medical' ',Response Plan along with city/county disaster plans. The City Disaster Plan was recently: updated and several exercises were done with Emergency Operations Center personnel. 5. Pursue additional grant funding for fire service programs. The City received $400,000 in iFederal Metropolitan Medical Response System grant funds with a focus on mass casualty, radiological emergencies and training. We anticipate an additional $220,000 in continued: ifunding in 2005. The City received a $14,000 Federal 9rant for medical aid jackets for suppression personnel. Fire Prevention's CUPA program continues to get State grants for hazmat training of fire personnel. 6. Encourage and facilitate community forums through County EMS to resolve emergency medical care issues (such as emergency room delays) which adversely .affect community-. wide emergency medical response systems. County EMS has worked with local Hospital Administrators to increase emergency room capacity and make other improvements to reduce emergency room delays. In January an additional Emergency Room was opened at !Mercy Southwest which should improve the emergency room overload situation. 7. Maintain as much as possible, fire safety and public safety programs through grants and program sponsorship efforts. IFire Department staff is continuing to work with schools at Fire .Station 1, and puppet shows at station 4 and station tours were maintained. 8. Explore new or alternative funding mechanisms for constructing and staffing new fire facilities. Staff is exploring the use of Community Facilities Districts as a possible financing~ 'ialternative for operatin9 and facility costs in new areas where large scale developments are 2003 City Council Goals - Adopted 9/24/03 Status Report 1/05 Page 2 (Vision 2020 related items are shown with a *. Proposed new items **) planned. Hid-year budget restoration provided an additional Fire Engineer position to provide full staffing for the squad at station #1. A. Explore funding for possible relocation of Fire Station #5. $260,000 CDBG funds have ibeen budgeted and property acquisition and design is underway for relocation of Fire 'Station #5., l GOAL #2: ENHANCE THE CITY'S TRANSPORTATION NETWORK 1. MAINTAIN AND IMPROVE THE QUALITY OF EXISTING SURFACE STREETS .AND ARTERIALS BY CONTINUING TO ENHANCE THE ROAD RESURFAClNG PROGRAM, INCLUDING A SIGNIFICANT REDUCTION OF THE MAINTENANCE BACKLOG AND INCREASING FUNDING FOR STREET MAINTENANCE. A. Evaluate the condition of city streets and develop a measurable plan to achieve street resurfacing improvements. Develop strategies for reconstruction of segments of selected arterial streets, based on priority, using state and federal road funds or other available funding sources. Significant reconstruction and rehabilitation of canal culverts was accomplished. A plan for additional culvert repairs and reconstruction has been, established. In FY 2003-04 24.7 lane miles of streets were resurfaced. Staff is planning ,to resurface approximately 22 lane miles in FY 2004-05. Mid-year budget restoration. provided for ! Heavy Equipment Operator, 2 Light Equipment Operators and 3 Service ~Maintenance Workers to provide staff to operate the asphalt pulverizer and perform street maintenance. B. Implement a long term program for reconstruction of arterial streets using recurring state road funds and pursue a plan through KernCOG using 10% of state road funds allocated for Bakersfield for rehabilitation of local streets and roads. Through KernCOG, the city has developed a plan to utilize 10% of its Regional Transportation Improvement Program dollars for major roadway reconstruction/rehabilitation. Although the plan is in place, the current State fiscal crisis has delayed any State Transpartation Impravement Plan (STIP) funding for at least 2 years. The City has budgeted general fund dollars for roadway rehabilitation and continues to do so. In addition, a recently new Council policy has been, enacted that directs one-time revenues into roadway related maintenance. C. Identify and create additional revenue sources to obtain all available state and federal .transportation funding.* 'Staff continues to pursue state and federal funding sources. including working closely with Representative Thomas' office in the reauthorization of the IFederal Highway Bill. Additionally, staff has applied for about $11 million in recently available Federal funds for FY 2004-05, Regional Surface Transportation Program funding ($3.5 Million); Congestion Management / Air Quality funding ($6 Million); and: :Transportation Enhancement funding ($1.5 million) provided through Kerncog. D. Evaluate the potential for a ~ cent sales tax for transportation and establish criteria for Council support. City staff continues to work with community groups, Kern County and other agencies on developing a ~ cent transportation sales tax measure and~ ;transportation needs list. It is anticipated a measure could be on the ballot in 2006. 2. PURSUE THE DEVELOPMENT OF FREEWAYS AND MAJOR TRANSPORTATION CORRIDORS CONSISTENT WITH THE PREFERRED ALTERNATE FROM THE URS GRIENER REPORT. City consultants and City staff are continuing to work with Caltrans on ithe development of the Westside Parkway, the Centennial Corridor, the extension of State !Route 178 in the northeast, and other major interchanges and transportation projects consistent with Alternative No. 15 of the Bakersfield Systems Study.: 2003 City Council Goals - Adopted 9/24/03 Status Report 1/05 Page 3 (Vision 2020 related items are shown with a *. Proposed new items **) A. Secure necessary rights-of-way and adequate funding. State and Federal funding is being used to acquire rights of way for the Westside Parkway. !Rights of way for other major transportation projects have been acquired using Transportation Impact Fees. Staff has been purchasing property for the Westside Parkway. Areas for interchanges. and other major transportation projects are being protected through the creation of sPecific plan line boundaries for the projects.. B. Provide I~edodic workshops to update the Council on status of the freeway and beltway 'projects. Workshops and updates are periodically provided to the City Council to inform ;them of the status of the various freeway and Alternative No. 15 projects. C. Encourage completion of the Westside Parkway. City consultants and city staff are' continuing to work with Caltrans on the development of the Westside Parkway. The 'environmental document is currently being processed through Caltrans who will forward' ;to the Federal Highways Works Administration for their approval. D. Increase education efforts with the community and the opportunity for public input. Publi0 Works is developing a web site that will provide residents with up to date information on the various major transportation projects in the area as well as provide an opportunity for input and questions.;, 3. High Speed Rail A. Actively pursue high speed rail system. B. Pursue community consensus on locating the high-speed rail station downtown near the existing Amtrak Station.* The High Speed Rail Authority approved the downtown site near the Amtrak Station at their November meeting. The Authority has approved the BNSF alignment as the preferred corridor at their December meeting. Both actions are 'exactly what the City had lobbied for. 4. Promote and encourage public transportation.* The City continues to work with the Golden iEmpire Transit District on locating bus stops and facilitating transit access points in~ conjunction with development activity. In addition, GET and the City reached agreement on a, signalized bus priority system.: 5. Support efforts for adequate air transportation. A. Work with Kern County to insure good quality air service and increase local usage. (Fly Bakersfield first). The City has been working to support air service at Meadows Field: '.including the Mayor's letter of support for location of customs facilities at the airport. B. Prepare_a preliminary action plan for the operation of the Bakersfield Airpark. Staff isl working on draft action plan. 6. Maintain/construct trails for cycling, walking, jogging and equestrian uses.* :Reconstruction of the Kern River bicycle path from Stockdale Highway to Manor Street was completed. The bike path along Paladino from Fairfax Road to Morning Drive is under construction. The yvidening of Brimhall road from Jewetta to Calloway provided for new bike lanes. 7. Recognize the link between land use and transportation through adoption and implementation of General Plan policies including development and transportation standards which promote a balanced transportation system of pedestrian, bicycle, transit, and motor vehicles. Explore alternative development concepts which promote pedestrian and transit oriented communities..City staff works with local developers to assist with planning and'~ ~leSign of livabl~ communities that provide for balanced transportation systems. Staff has' 2003 City Council Go(Ils - Adopted 0/24/03 Status Report 1/05 Page 4 (Vision 2020 relc~ted items are shown with a *. Proposed new items **) Conducted Workshops for the Public, City Council and Planning Commission on this issue. ~Livable community concepts and policies have been incorporated into the recently updated' General Plan.. GOAl. #$: CONTINUE POSITIVE DOWNTOWN DEVELOPMENT 1. Support the implementation of the Downtown Charrette Plan.* Include in that process consideration of: A. 19th Street streetscape extension. Engineering efforts are underway t° determine the ifeasibi[{ty of extending the streetscape on 19th. The project is slightly started due to ,flooding and utility engineering work that must first be completed. It is hoped that this project will be completed by June 2005. B. Devetopment of a long term city space needs strategy inctuding a new City Hall Government Complex. This item has been put on hold due to the current financial 'situation and reductions in staffing which have occurred. C..Encourage commercia[ development that includes plazas and pocket parks. Staff continues to work on ways to implement concepts developed as part of the Charette. D. Creation of districts- arts, education, theater, 8overnment, finance, etc. Staff continues to work on ways to implement concepts developed as part of the Charette. E. Central Park expansion and possible Veterans Memorial. A small veteran's memorial 'park concept was unveiled for a new pocket park located on Truxtun near the new Visitor and Convention Bureau Office. F. 2. Continue to build on the success of the Convention Center Hotel, Centennial Plaza, Centennial Garden and Amtrak Station. A. Develop concepts for projects which contain the following elements: entertainment, trees, landscaping, family activities, pedestdan-fdendty design; safety, attractiveness. Minimize the negative aspects of railroad. The Redevelopment Agency is in the process of acquiring an additional 5 acres of land located near Q street for the purpose of developing an urban affordable housing development. This project witl complement a planned 40,000 square foot commercial center and 70,000 square foot theater. A 50 meter aquatic center and ice facility project adjacent to Centennial Garden and the Convention Center has been completed. B. Develop parks of various sizes to provide green space for watking, relaxing, jogging, biking, and picnicking. Provide a pedestrian friendly atmosphere by [inkin8 the parks with historic trolleys, a river walk, or water taxis on a canal system.* A small 'park/plaza has been constructed next to the new Convention Bureau building and the Amtrak station. C. Clear b!ight from the redevelopment areas around the arena, Amtrak Station and Hotel The construction of Bakersfield Ice Sports and McMurtrey Aquatics Centers has 'been completed and both are operational. Property along M street and Q streets are under consideration for acquisition for the future use of urban affordable housing.. 3. Address downtown parking needs by developing a comprehensive plan in cooperation with public and private downtown interests which addresses joint use and other creative ways to ~ntegrate parking downtown.* Additional parking lot improvements have been constructedl at P Street and 14th Street. Staff is developing parkin8 agreements with downtown 2003 City Council Goals - Adopted 9/24/03 Status Report 1/05 Page 5 (Vision 2020 related items are shown with a *. Proposed new items **) deveLoPers to utilize the city's parking garage to meet parking requirements. One suchl .agreement for 150 spaces has been approved. 4. Encourage quality downtown housing developments which bring families to the downtown area. Construction has commenced on 74 new affordable cottage craftsman homes at 21$~ land R Streets. The homes should be ready for sale beginning in [ate spring 2005. A. ImpLement housi_ng development in the Southeast and OLd Town Kern RedeveLopment areas. The City received a CHFA "HELP" Loan for the southeast area in the amount of $500,000. These funds were initiaLLy Loaned to five "infiLL" single family housing builders funding for new construction. The funds are currently being re-Loaned to two ,in-fiLL private developers and planned to be Loaned to BakersfieLd College Foundation for the development of 2 affordable homes Located in Southeast. The redevelopment agency also received a CHFA "HELP" Loan in the amount of $1.7 million. These funds are planned for the acquisition of approximately 4.5 acres Located on Q Street, land ;that is planned for an urban affordable muLti-famiLy housing project. The City received~ 'a $250,000 BEDI grant and secured a $1 miLLion doLLar Section 108 federal Loan to iacquire property Located between Lake and Kentucky Street in Old Town Kern. The City has assembled a[[ but 2 remaining properties required for the project and has negotiated a development agreement which caLLs for the creation of 115 affordable ,famiLy and senior housing units and 35,000 square feet of new commercial development between Lake and Kentucky Streets. 5. Expand the downtown street Light design and streetscape design, and incorporate benches, refuse containers, tables and chairs and explore the use of solar Lighting.* Staff continues :.to work on ways to implement concepts developed as part of the Charette. Staff intends .to app[y for a Federa~ Highway and Transportation Grant for pedestrian walkway funds to pursue extension of the Chester Avenue Streetscape north to Garces CircLe. 6. Encourage mixed use development that includes a diverse mixture of housing, retail and commercial uses.* A. Implement a mixed use development in the Southeast (Union Avenue and 4TM Street) and OLd Town Kern (Baker and Kentucky Streets) RedeveLopment areas. Construction, ihas been comPLeted on the commercial component of the Union Avenue project. Staff has negotiated a development agreement for Baker Street.. 7. Encourage water features in the downtown. A. Encourage use of canals and river elements in the downtown. Develop the Kern IsLand Canal to become a center for community activities and outdoor enjoyment.* Staff' ireceived a $360,000 grant from KernCOG towards construction costs of the "Mill Creek" development and intends to apply for a federal BrownfieLd grant and a federal Section 108 Loan to implement the first phase of the "MILL Creek" public works and mixed use .deveLopment in the area located from 17th South to California Avenue. B. Encourage the use of various water elements - fountains, pools, and ponds to enhance the parks, town squares, etc. Ensure the "system" is in place.* The RedeveLopmen~ Agency approved an agreement with the Kern Arts Council for the development of a. public art work to be Located within the Cottages project. This is expected to provide an example to other downtown business developers to include public art in the overaLL design and development of urban projects. The Kern Arts Council has received positive support and tentative agreement from two additional private developers to include public art in their commercial developments. C. Develo_p a plan to incentivize water features in the downtown. This issue is under ~review by the Planning and Development Committee. 2003 City Council Goals - Adopted 9/24/03 Status Report 1/05 Page 6 (Vision 2020 related items are shown with a *. Proposed new items **) 8. Encourage private courtyards and landscaped spaces that provide opportunities for format and informal leisure use and activities (e.g. the alley/court at the Superintendent of Schools Office).* The new "Cottages" downtown housing development near Central Park' will incorporate courtyards and small park areas into its design. 9. Encourage the use of trees and flowers, lighting, street furniture, public art, signage, flags. Use surface material that enriches the paving options on our streets, sidewalks, and .curbing.* Additional banners have been placed on streetlights at major intersections near' 'the Bakersfield Ice Sports and McMurtrey Aquatics Center. The City received a special grant form HUD to continue the streetscape to include these features on Baker Street. This grant combined with previous earmarked CDBG funds will complete the streetscape from Truxtun. to Sumner. 10. Pursue property acquisition in the downtown from willing setters for projects that fulfill stated downtown planning objectives. During the past year staff has acquired: 'a, pproximately 13 parcels in the downtown for potential downtown projects. GOAL #4: PLAN FOR GROWTH AND DEVELOPMENT 1. Facilitate annexations where staff is sensitive to the areas and where support starts with the neighbors. Provide information to explain financial incentives or other benefits of annexation which encourage urban areas in the County to be annexed into the City.* The 'City has completed fourteen annexations in 2002, eight in 2003, six in 2004 with three pending for the remainder of 2004 and with twenty six pending for 2005-2006. The City's Sphere of Influence boundary was amended in August 2004 to include approximately 13,000 'acres for future annexation. The recently adopted municipal services study is being modified to include most of the remaining territory within the Metropolitan Bakersfield General Plan area. This work will become part of an application expected to be submitted; to LAFCo first quarter of 2005 as phase two of our planned sphere expansion. 2. Support affordable housing for seniors and Iow/moderate income residents. The city has ~recently provided financial assistance for two new senior housing projects, an eighty unit project in which all of the units are reserved for very low income senior and a 180 unit project in which all of the units are reserved as affordable for seniors. In addition, the ]Redeve[opment Agency assisted with the financing of 74 single family cottage homes of which 35 are reserved for families at 80% of median income and the remaining units :reserved affordable for families at 120% of median income. Staff is currently negotiating ,the financing structure for the development of 100 new affordable apartment units ~reserved for families whose incomes do not exceed 80% of median income and for two additional senior apartment projects, both which will be income restricted to low and moderate individuals. 3. Encourage and support redevelopment project areas to promote development in the Old Town Kern-Pioneer and Southeast areas of Bakersfield through use of redevelopment, Enterprise Zone incentives, community planning efforts, and other available revitalization tools. Staff obtained a sustainable communities grant to implement community planning' efforts in the Old Town Kern Redevelopment Area. 4..Support implementation of the southeast Bakersfield Charrette Plan. 'Council has identified Community Development Block Grant funding of approximately $2 Million to implement southeast Charette projects. These projects include streetscape improvements, park improvements and development of commercial and affordable housing projects.. 5. Implement a planning process to guide development of areas in northeast Bakersfield and encourage preservation of open space and recreation uses. The Specific Parks and Traits !Plan for Northeast Bakersfield was approved by City Council on October 22, 2003. Since 2003 City Council Goals - Adopted 9/24/03 Status Report 1105 Page 7 (Vision 2020 related items are shown with a *. Proposed new items **) ithat time, the MetropOlitan Bakersfield Habitat Conservation Plan Trust Group has acquired 142 acres of open space for habitat protection. The Planning Department is working with. the County, Cai Water Service and Allen Newsom (property owner) to consummate a Park .site lease and three trail segment easements/dedications. It is expected that these .negotiated agreements will result in the actualization of a key park site and important trail segments in early 2005. Other parks and trails consistent with the plan are being obtained. as subdivisions are approved in the area. 6. Continue to provide consistent urban services within the metropolitan area defined by the City's General Plan.* Staff has begun design for sewer trunk lines to Treatment Plant//2 in ithe northeast, Allen Road area (from Rosedale Highway to Nodega), and Planz Road area .(from Chester Avenue to Treatment Plant # 2. Staff is working to develop plans for expansion of sewer service capacity due to the increased rate of development and! potential new development. 7. Provide property owners with incentives to create in-fill or redevelopment.* This has :become more challenging with- the passage of SB 975, hOwever, incentives have still been, creatively applied to promote the development of in-fill affordable housing projects. These affordable housing developments have often provided the redevelopment catalyst~ for areas. The City also obtained a special $1 million dollar grant from the EPA to establish a local revolving loan fund to provide a financing source for businesses to deal with the cleanup of former petroleum sites allowing the property to be put into new development use.. 8. Require non-contiguous development to provide all necessary infrastructure or provide economic disincentives through variable fees.* City ordinances require extension of ~nfrastructure to development within the City. 9. Develop strategies to reduce consumption of prime agricultural land for urban .development.* The City's General Plan promotes through various policies, concentric ~development patterns and agricultural land preservation. We also require farm land: conversion studies for a change in designation from agricultural to urban uses. 10. Develop policies for specific incentives for residential in-fill in blighted areas.* Staff has developed a special in-fill down payment program up to $35,000 for city assisted in-fill .development in all three redevelopment project areas for single family housing projects assisted with city or redevelopment funds. 11. Streamline and provide incentives for first time homebuyers in blighted areas.* Staff has' 'developed a special in-fill down payment program up to $35,000 for city assisted in-fill development in all three redevelopment project area. In some instances land cost write. downs have been applied to bring development costs down on qualified affordable housing development projects. The Redevelopment Agency developed and implemented a program for small home builders in Southeast Bakersfield that provides them construction financingI ,for the development of affordable homes for sale on single lots. It is estimated: ;approximately 100 new homes will be constructed over the next 10 Years under this' program. 12. Create stricter code enforcement to help maintain neighborhoods and increase visual standards.* City staff is working with the County to enhance the County's code enforcement efforts and make them more consistent with the City.. 13. Involve youth in re-developing blighted neighborhoods through various efforts, such as tree planting, graffiti removal, trash clean-up, and other neighborhood improvement programs.* Staff has structured a pilot program with a local non-profit to involve youth in housingl irehabilitation and neighborhood enhancement in the southeast. 2003 City Council Goals - Adopted 9/24/03 Status Report 1/0§ Page 8 (Vision 2020 related items are shown with a *. Proposed new items **) 14. Retrofit existin~ neighborhoods to be more pedestrian friendly and provide for pedestrian friendly thoroughfares in new developments.* The Watt Street Alley project and new downtown cottage development provide watkways and courtyards encoura~in~ pedestrian! activity.~ 15. Adopt incentives for reuse of commercial zones and improvin~ utilization of existin~ problem commercial areas.* Coundt has assisted with the development of a new ~rocery store in southeast Bakersfield and recently approved the development of a 50 meter .aquatic center and ice facility project adjacent to Centennial Garden and the Convention Center. 16. Encourage pocket revitaUzation of commerdat centers and/or individual city blocks which may benefit from a tar§eted approach to economic assistance, which does not conflict with or duplicate existin~ redevelopment efforts.* The City has completed the Watt street alley 'improvements which includes new pavin~, tandscapins, street furniture and tishtin~ to ~enhance the businesses in this area. Two futt city blocks on §aker Street are under .consideration for future mixed use redevelopment. The recent southeast charrette encourages revitalization of smaller commerda[ areas and city blocks. Community: IDevetopment block 8rant funds have been set aside for improvements within the charrette a rea. r 17..Support implementation of the Baker Street Charrette Plan. Construction of Phase I - ',Baker Street streetscape improvements from Jackson to Niles Streets has been completed. IDesisn for Phase 2 - Baker Street streetscape improvements is nearly complete and federal 8rants have recently been approved to be§in construction. Property acquisition for the mixed use project on Baker Street has been completed. 18. Continue efforts to secure a permanent position on Local A~ency Formation Commission (LAFCO) board by findin~ a sponsor for required spedat legislation.** ( OAL #5: STREN( THEN AND DIVERSIFY OUR ECONOMIC: BASE 1. Enhance the City's economic development opportunities. A. Encourage business retention through pro~rams which collaborate with local organizations such as trade unions, vocational trainin~ centers, schools and universities to provide technical assistance, employee trainin§ resources and other business assistance. There are orsanized workshops and trainin~ for small business available inl Old Town Kern through the Small Business Center or§anization. These pro~rams have been previously held for Southeast businesses. B. Assist in business expansion and job opportunities by encoura§in§ development of workforce trainin~ and infrastructure development which are consistent with identified strategic business attraction ~oa[s (Nate[son Study, Vision 2020). Staff continues to work with the County, KEDC, the Employers Trainin~ Resource and others to assist and! promote economic development and trainin~ efforts. C. Attract industries which are best suited to our tocationat advantages, which include availability of energy production, access to major transportation corridors, and ~eo~raphic diversity for film locations and recreational activities.* Staff continues to work with the County, KEDC, the Employers Trainin~ Resource and others to assist andi promote focused economic development efforts. D. Focus on improvements and opportunities within the Southeast and Old Town Kern .Redevelopment Project areas, and the Incentive Area. The Lakeview Avenue streetscape project has been completed. Improvements to Brunda~e, California and~ !Union Avenues have been designed and wilt be completed by June 30, 2005. The City 2003 City Council Goals - Adopted 9/24/03 Status Report 1/05 Page 9 (Vision 2020 related items are shown with a *. Proposed new if ems **) has applied for and received a five year extension of the enterprise zone program from the state. Additional funds to continue the Baker Street streetscape improvement plans were received and construction will be completed by late summer 2005. Grant funds were received for developing a charrette process for Old Town Kern/Baker Street area. A FoodMax market has opened on Union and an Albertsons market opened at Chester and Brundage. 2. Continue to enhance the TEAM BAKERSFIELD concept and develop a fast-track process for establishing a business.* Team Bakersfield concept continues to be used to assist businesses and developments throughout the City. 3. Implement job creation strategies identified in the Old Town Kern and Southeast Economic development plans which address high unemployment area needs by attracting targeted industries that provide higher paying jobs which can support families. The Economic and Community Development Department's business marketing materials kit has been updated and a new business website is under construction. 4. Expand telecommunications and other infrastructures to support new and existing industries. * City staff is part of the Regional Technology Council working to identify infrastructure needed to increase business development efforts. 5. Build on existing economic base: Agriculture (for example; applied technology, value- added agriculture, Genetic technology) and Energy (for example: natural gas, micro-energy generating).* The City participates in the Bakersfield College Biotechnology Council which promotes the development of biotechnology industry and training in the Bakersfield area. 6. Encourage and provide business development and entrepreneurial opportunities.* The City and grant funds from So Cal Edison provided funding for small business workshops and training for Southeast and Old Town Kern area entrepreneurs. 7. ExPlore the use of various economic development strategies, such as negotiated labor agreements, to attract targeted industries to Bakersfield. Staff continues to utilize various economic development strategies when trying to attract business and industries to Bakersfield. 8. Develop a plan for the Economic and Community Development Department to take a stronger role in business attraction and expansion efforts within the City of Bakersfield by repladng Kern Economic Development Corporation as the lead organization in these efforts. City staff has assumed a greater role in business attraction efforts and with the cancellation of the agreement with KEDC has replaced them in these efforts. GOAL #6: PROMOTE COMMUNITY PRIDE AND IMAGE 1. Implement a plan to improve the image of the City and create a process and structure to ensure focus and completion of activities in a collaborative fashion to measurably improve the image of Greater Bakersfield among internal (residents) and targeted external audiences. Create a focus on activities which promote a sense of place, local history, and unique identity for our community. * Staff has created a dedicated area on the City's website for the Vision 2020 Image Launch Tool Kit "Life as It Should Be", to help promote a positive and consistent image for Bakersfield. In addition, the Economic and Community Development Department has plans to incorporate the image theme into banners for planned streetscape improvements and in promotional materials for prospective businesses who are considering Bakersfield as a location. 2. Continue the campaign against littering (Keep Bakersfield Beautiful and CUB Programs) and graffiti. The City has continued its campaign against litter by assisting the Keep Bakersfield .Beautiful Committee's efforts to hold volunteer-based litter clean-ups and to recruit more 2003 City Council Goals - Adopted 9/24/03 Status Report 1105 Page 10 (Vision 2020 related items are shown with a *. Proposed new items **) ~dopt-a-Highway sponsors. The statewide Keep America Beautiful Conference was hosted :in BakersfieLd and the Keep BakersfieJd Beautiful Committee received national recognition! for its efforts. 3. Facilitate development and encourage corporate capital investments towards cultural and recreational facilities including: A. Performing and cuJturat arts center. Staff has attended community meetings 'conducted by the BakersfieLd Symphony regarding possible funding strategies for a new Concert HalL. B. Community recreation buildings. C. Aquatics Facilities. Construction of the McMurtrey'Aquatics Center was' completed.' iRehabilitation of the'Martin Luther King pool has been completed. Construction of the Wayside wet play area has been completed. D. MuJti-purpose stadium. 4. EstabLish a comprehensive community reJations program and explore participation with Kern County human relations efforts. 5. Create Jandscaped gateways, freeways and arterial roads. Increase freeway and entry point landscape standards. Support implementation of the highway tandscape improvement plan by securing funding to complete improvements in cooperation with CaJtrans and other Local agencies, and encourage community involvement. * Staff has icompleted a freeway beautification master plan and presented it to Council for adoption. Staff is currently working on Westside Parkway aesthetic elements. 6. Continue efforts to enhance the city's urban forest by promoting the planting, proper care and maintenance of trees throughout the city. The City's Recreation and Parks iDepartment and Urban Forester are working with the Tree Foundation of Kern to promote the planting, care and maintenance of trees throughout the City. The Tree Technical Manual is currently being reviewed by the Tree Foundation and Planning and Development Committee. 2003 City Council Goals - Adopted 9/24/03 Status Report 1/05 Page 11 (Vision 2020 related items are shown with a *. Proposed new items **) City of Bakersfield -Guiding Principles In addition to the City Council Goals, the City of Bakersfield recognizes the following guiding principles in providing public services to the Citizens of Bakersfield: To maintain responsible fiscal policies which insure fiscal solvency, promote the pursuit of grants and private donations, maintain the lowest possible fee structure for all services and streamline government operations to be more responsive and cost effective. · To encourage utilization of local vendors wherever possible and continue an investment policy that provides opportunities for City funds to be invested locally if all other conditions such as rate of return are the same. · To attract and foster a qualified workforce by creating an environment that encourages employees to achieve and provide quality customer service. · To maintain positive and effective labor and employee relations through enhanced emPloyee reward and recognition programs, involving all staff in implementing the goals and objectives of the City. · Continue to implement cultural diversity in all aspects of the employment process. · Provide safe working conditions and train employees in sound safety practices. · Improve city government communications which promote a positive image of the City's projects, programs and accomplishments. · Continue enhancement to the public communications process including, use of television broadcasts for meetings and to provide public information; enhancement of the city's WEB site; use of press releases regarding city activities; use of surveys to obtain customer service and other citizen feedback information; and distribution of the city-wide newsletter. · Provide more positive council interaction with public through improved response to citizen complaints and inquiries through use of constituent tracking software. · Improve internal Council relations by promoting common goals, respecting individual positions on issues, reducing the level of "political" decision-making, and conducting annual team building and goal setting sessions. · Work with the County to provide efficient government services for metropolitan area which reduce the duplication of public services. · Pro-actively pursue intergovernmental legislation at the county, state and federal levels by monitoring, taking a position and actively pursuing pending legislation; expanding annual lobbying efforts with state and federal representatives; inviting legislators to Council workshops or other activities; holding joint City Council/County Board of Supervisor meetings to discuss various issues. · Continue to partner with school districts on recreation and education programs to reduce youth violence, drugs and crime. 2003 City Council Goals - Adopted 9/24/03 Status Report 1/0S Page 12 0/ision 2020 reloted items are shown with o *. Proposed new items **) BAKERSFIELD POLICE MEMORANDUM RECEIVED_ Date: January 27, 2005 JAN 2 7 2005 To: Alan Tandy, City Manager CiTY MANAGER'S OFFICE From: W.R. Rector, Chief of Police ~ Subject: Graffiti Reduction Program Attached is the department's action plan to address the graffiti situation within the City. This is a comprehensive plan which focuses on prevention, enforcement and measures accountability. Graffiti Enforcement Program Janua~ 27,2005 The Bakersfield Police Department is dedicated to improving the quality of life in the City of Bakersfield and will take the following actions to reduce the graffiti in our community. The Graffiti Enforcement Office will be comprised of three components including prevention, enforcement and accountability. The Bakersfield Police Department will provide the following personnel for oversight and implementation of the Graffiti Reduction Program: One Police Lieutenant - (Collateral Duty) Responsible for program over site, Council/public referral/inter-departmental service coordinator. One Police Sergeant - (Collateral Duty) Supervision of officers, coordination of police department personal/services One full time and one part time Police Officer - Responsible for4 enforcement/investigation of graffiti officers in the East and West areas of command. Prevention · Prevention will involve the entire community which is affected by graffiti vandals and taggers. The BPD will embrace the public with this quality of life issue and develop public/private partnerships to assist in its efforts. Continued work with the Chamber of Commerce, local radio and television, Public Works, Keep Bakersfield Beautiful, the Kern County Probation Department and schools will make this program successful. This will include working with other units of local government, private business and the rest of the community towards viable solutions to this problem. The Graffiti Enforcement Unit will work with the DARE and BPAL utilizing their 501(c) (3) status to apply for grants and raise additional funds for the graffiti enforcement office. · Education will be the major focus of the graffiti prevention program. Graffiti Reduction Program Prevention (continued) · After receiving adequate training, graffiti enforcement officers will be assigned to train School Resource Officers (SRO's). SRO's will in turn educate the administration and staff of the schools to which they are assigned. Additionally, the graffiti enforcement officers will provide training to crime prevention staff, Kern High School District Police, Kern County Probation Officers and other social service agencies who have frequent contact with taggers or potential taggers, on the identification of graffiti and characteristics of taggers. They will also be available to educate other officers and employees. Graffiti officers will be available to give presentations to the public upon request. · Crime Prevention will work closely with the graffiti unit and educate their neighborhood watch groups on the identification of graffiti and characteristics of taggers. Crime Prevention will assist with public education including the dissemination of information to citizen groups and the development of printed information to be circulated in areas where taggers and tagger groups appear to be most active. · The graffiti enforcement unit will develop and produce a PSA and/or educational spot on KGOV, educating the public on all aspects of the graffiti enforcement unit. Information will include education and what enforcement actions the BPD is taking (i.e. zero tolerance) and punishment (i.e. arrest, probation, parental restitution). Enforcement The full time police officer assigned to this program will work closely with public works personnel and the 32-ERASE program for timely coordination of graffiti removal. This officer will centralize all calls and referrals for graffiti problems to prevent duplication of efforts. This officer will become a member of the Keep Bakersfield Beautiful Committee. · Training and development of the graffiti enforcement officers is vital to the success of the program. Officers assigned to the Graffiti Enforcement Unit will conduct extensive research into model programs other police departments have developed and attempt to replicate those portions that will be most effective when utilized in our community. Officers and personnel assigned will be allowed to visit other department's that have been successful in significantly reducing graffiti in their city through the use of a formal graffiti enforcement unit. Graffiti Reduction Program Prevention (continued) · The graffiti enforcement unit will utilize reserve police officers for enforcement action, perform undercover operations and conduct surveillance on problem areas. This unit will also be responsible for monitoring merchants for compliance with the Municipal Code. · Conduct compliance checks with retail businesses that sell paint products, to ensue they are following the City ordinance/Penal Code with the sale of paint product. Accountability · A zero tolerance attitude will be taken with all individuals involved in illegal graffiti activity and tagging. The graffiti enforcement unit will work with the Kern County District Attorney's Office, Kern County Probation Department and the Superior Court to seek maximum accountability and restitution for graffiti crimes. · The Kern County Probation Department has committed to filing all juvenile graffiti and tagging cases. The probation department will also provide supervision and additional resources for graffiti cover up. · The full time graffiti enforcement officer will work with the city attorney's office community prosecutor for filing of all adult graffiti tagging cases; and payment of restitution related to graffiti damage.  RECEIVED JAN 2 7 2005 BAKERSFIELD CITY MANAGER'S OFFICE CITY OF BAKERSFIELD PUBLIC WORKS DEPARTMENT MEMORANDUM Janua~ 26,2005 TO: ALAN TANDY, City Manager FROM: RAUL ROJAS, Public Works Director SUBJECT: 24th Street at Elm Street 24th and Oak Streets - UPDATES Attached are a couple of memos from our Traffic Engineer Steve Walker, with information concerning the following issues: 1. Traffic signal consideration - 24th Street (State Route 178) at Elm Street. 2. 24th and Oak Streets (State Route 176) right turn lane. Attachments: (2) Transmittal 24 St Elm Oak 01-26-05.doc B A K E R S F I E L D PUBLIC WORKS DEPARTMENT TRAFFIC ENGINEERING MEMO DATE: January 21, 2005 TO: RAUL M. ROJAS, PUBLIC WORKS DIRECTOR FROM: STEPHEN L. WALKER, TRAFFIC ENGINEER ~ SUBJECT: Traffic Signal Consideration - 24th Street (State Route 178) at Elm Street Currently the intersection is controlled by stop signs for Elm Street. The intersection is offset with the south side offset to the west. No left turn out of either side is allowed. A left turn east to north is allowed into the north side. Advantages: A traffic signal would allow residents of the Elm Street area on the north to have better access and turn movements out of the area. - It would provide an alternative route for residents and businesses on the north near F and Golden State Challenges: - Increased traffic on Elm Street due to the increased access availability. More traffic can be expected to come down Elm from the F and Golden State area to avoid the F and 24th Street intersection. - Alternate to connect Elm to adjacent Beech Street instead of a traffic signal would require at least two residences to be removed and replace with a two lane street. Cost to acquire properties and construct a street may be more than $750,000, based on current home values and construction cost. With neighborhood disruption, this alternative does not seem desirable. Existing east to north left turn bay (60 feet long) on 24th Street is too short. Caltrans normally requires approximately 250 feet of storage. Expanding the length of the left turn bay will interfere with the existing west to south left turn bay for 24th Street at Oak Street. A design exception would be needed. - The intersection is only about 740 feet away from Oak and 24th, making coordination difficult. - Traffic routinely backs up through the intersection from the signal at 24th and Oak, blocking the intersection and would conflict with a signal's operation. Elm Street to the south will need to be closed off from access to 24th street to make the signal operate most efficiently. A traffic operation study report will be required by Caltrans and include a traffic signal warrant study, a coordination analysis and computer model using SimTraffic. A probable time line for this action: Two to three months to collect data and prepare a traffic model simulation for Caltrans consideration of a signal project. - Three to six months for engineering design, utility review, Caltrans plan check and receipt of a permit from Caltrans. - Four to six months to order poles, mast arms, signal controller and cabinet with construction bidding and award of project to a contractor done concurrently with the equipment order. - Construction would take about six to ten weeks. The cost is very roughly estimated to be about $250,000. Allowing for possible overlap of steps in the time line, the project would take from about eight months to eighteen months for start to finish with the signal in operation. This should be considered optimistic since the review process through Caltrans has been lengthy for other recent projects and this project would require design exception approvals from Caltrans. Because of the operational challenges associated with a traffic signal at the proposed location and the need for a design exception due to the very short turn lane length available, the proposed signal is unlikely to be approved by Caltrans. -2- B A K E R S F I E L D PUBLIC WORKS DEPARTMENT TRAFFIC ENGINEERING MEMO DATE: January 21, 2005 TO: RAUL M. ROJAS, PUBLIC WORKS DIRECTOR FROM: STEPHEN L. WALKER, TRAFFIC ENGINEER ~ SUBJECT: 24th and Oak Streets (Highway 178) Right turn lane The existing traffic signal has a dedicated right turn lane for north to east right turns and operates in an overlap with the left turn phase for west to south turns. The intersection also includes an east to south right turn lane. It is proposed that an additional right turn lane be added for the north to east right turn. Advantages: - Increased capacity for the right turn to go east on 24th Street - Potential to reduce "cut through" traffic on 21st Street by making it easier to use the 24th/Oak intersection. - City already has control of property on southeast corner. - With new construction, the existing east to south right turn could be programmed to overlap with the north to west left turn, increasing efficiency. Challenges: Prior to considering approval, Caltrans will require traffic study of operations to be modeled with and without the signal modification right turn lane. Most, or all, of the signal will have to be re-wired and updated to current Caltrans requirements. Replacement of the traffic signal controller may be required. New conduits may be required on some legs of the intersection. The southeast corner would have to be relocated when the right turn lane is paved. New traffic signal poles would be needed -1- A probable time line for this action: - Two to three months for data collection and preparation of a traffic model simulation for Caltrans consideration of a signal modification. - Three to six months for engineering design of a traffic signal modification and turn lane construction plan, utility review, Caltrans plan check and receipt of a permit. Allow four to six months to order and receive new signal poles with bidding and award of the project to a contractor done concurrently with the pole order. Construction would take about four to six weeks. The cost is roughly estimated to be about $150,000 to $200,000, depending on Caltrans requirements. Allowing for some overlap of steps in the time line, the project would take about six months to 12 months from start to finish with the modified signal and turn lane in operation. This should be considered optimistic since the review process through Caltrans has been lengthy for other recent projects, with or without design exceptions. Because of the operational improvements that would be possible with this signal modification and right turn lane addition, Caltrans may consider approval of the proposed improvement. -2- RECEIVED JAN 2 6 2005 ;ITY MANAGER'S OFFICE TO: ALAN TANDY, CITY MANAGER FROM:,~'~'~NLEY GRADY, DEVELOPMENT SERVICES DIRECTOR DATE: January 25, 2005 SUBJECT: 5809 DORSET DRIVE / NEW GROUP HOME Council referral No. Ref001028 (Ward 3) Vice-Mayor Maggard requested staff investigate ways to assure the safety of residents in the area of a new group home on Dorset Drive. On January 25, 2005, Code Enforcement Officer David Paquette contacted the State and spoke with Ms. Ellis, a Licensing Program Analyst with Community Care Licensing. She verified the facility at 5809 Dorset Drive is a State licensed Residential Care Home "Kern Transitional Home". Their license number is 197804645. They are an Ambulatory Service with Developmentally Disabled Youth from 12 to 17 years old. They are permitted to have three clients. The case worker provided a telephone number of (323)981-3350 that can be used to register complaints to the State regarding the Residential Care Home. An informational packet regarding Residential Care Homes dated April 2003 is available on- line on the City of Bakersfield Development Services web page. A copy is attached for your information. Officer Paquette inspected the Residential Group Home and found no violations. The property was well maintained and they were in compliance with the conditions imposed by the State. The group home staff informed him there was only one neighbor who has ever complained to them and the complaints were regarding vehicles parked on the street in front of the neighbor's residence and a peace disturbance when the members of the group home were playing volley ball in their backyard. Ms. Ellis informed Officer Paquette that the City of Bakersfield seems to issue a lot of group home licenses as compared to other jurisdictions. She said the City of Bakersfield should consider changing their separation requirements from 300 feet to 600 feet, which is the standard in other jurisdictions. She said some counties, such as Tulare County, have placed a freeze on approvals of new group homes. RESIDENTIAL CARE HOMES State Law: State law preempts local zoning controls over licensed' residential care facilities. If a licensed facility serves six or fewer persons (this does not count the care givers), the law states this is a residential use and therefore, cannot be treated any differently than a typical family living situation. This means that the city cannot require any special permits, business license, home occupation permit, fire code restrictions, building codes, etc. unless such is required of any other family dwelling. Occupancy (number of people) is limited by the Uniform Housing Code which applies to all residences and is based on the size of each bedroom. The areas under state law cover a number of different types of residential care homes. These preemptions are found as follows: · Health facilities (care for developmentally disabled and skilled nursing care) California Health and Safety Code Sections 1267.8, 1267.9 · Community care facilities (covers all other types of care not already noted for adults and children) California Health and Safety Code Sections 1566.3, 1567.1 · Residential care facilities for the elderly California Health and Safety Code Sections 1568.083, 1568.0831, 1569.85 * Alcoholism recovery and drug abuse facilities California Health and Safety Code Sections 11834.02 - 11834.30 · Family day care homes (day care for children) California Health and Safety Code Sections 1596. 70 - 1596. 795; 1597.40 - 1597.47,1597.65 · HOmes or facilities for mentally disordered, handicapped, or dependent.and neglected children California Welfare and Institutions Code Sections 5115 - 5120 State law requires that a residential facility have a valid license to operate (Section 1568.5 of the Health and Safety Code). Therefore, if a facility is licensed by the state, the city must recognize the zoning preemption. Without a state license, the zoning preemption is not effective. Two agencies license these facilities. The State Department of Social Services licenses all day care, mental care, group and elderly care homes. The State Department of Alcohol and Drugs licenses only alcohol and chug rehabilitation homes. Both agencies conduct annual inspections of these homes and will respond to complaints regarding their operation. There is no distinction m~d¢ for ~ecular verse~ non-secular providers. Over concentration of certain care homes in a neighborhood is also regulated by the state for licensed facilities. Licenses issued by the Department of Social Services (except for foster homes and elderly care) must be a minimum of 300 feet away from any other licensed home (as measured from the outside walls of the house - Section 1520.5 of the CA Health and Safety Code). If a home is less than the 300 feet, an exemption must be granted by the city, otherwise the license is denied. (To date, the City of Bakersfield has not ~m'antcd ,q~y exemptions, nor wc~u~d they he sv. pportctl). Thi~ 300-foot separation restriction doc.~ not apply to licenses issued by the State Department of Alcohol and Drugs for rehabilitation homes. Listings of licensed facilities may be obtained from both agencies either through the internet at :?:...~.--_~_~'.,~,~_~._-i!/~'.. ~::. ~.. :.'i or by phone. · State Department of Social Services: Fresno - (559) 445-5692 (group, elderly, disabled and day care homes; operational complaints) · State Department of Alcohol and Drugs: Sacramento - (916) 445-0834 (alcohol and drug rehabilitation only; operational complaints) ,~i~ 2~$ RESIDENTIAL CARE HOMES Local Law (City of Bakersfield): Rc~idential care facilities must be licensed through the state to receive the zoning preemption for six or fewer persons. If a facility serves more than six people, city regUlations require a conditional use permit in a residential zone (except in thc R-4 zone for people with disabilities). Residential facilities are permitted by fight in most commercial and some industrial zones subject to the city's site plan review process. A business license is required for homes for over six clients. Those homes which are not licensed and have more than two persons, are considered a roominghouse (BMC 17.04.510). The zoning ordinance permits anyone to rent no more than two rooms (one to a person) by right in any residential district. Once that number is exceeded, the use of the home is considered a roominghouse which requires a conditional use permit. The conditional use process for the larger residential facilities (over six) and roominghouses is discretionary and conditions can be imposed to further regulate the home. These conditions can include occupancy limits, fire sprinklers, alarm systems and vehicular prohibitions. Because the permit is discretionary, it can also be found incompatible in a neighborhood and denied. Since the neighborhood is noticed of this permit (300' surrounding the site), the public may comment on the proposal. In many ~instances, establishment of these types of homes under the conditional use permit process are unpopular and controversial so it is advised to seek neighborhood support before submitting an application to the city. There are homes that. become established with six clients without any state license. These include group homes operated by-religious institutions, sober living homes, drug/alcohol free environments, etc.). Many are discovered soon after opening through complaints from the neighborhood. However, in these instances, regardless if thc home's occupants are referred by a court, other state or local agencies, are non-secular in nature, or are private programs, they do not receive the zoning preemption for six or fewer persons unless they hold a valid license to operate from the State. Otherwise, city ordinance defines them aa a roominghouse and they would be subject to the roominghouac limitations. Questions regarding zoning, the use definition, zoning preemption, and conditional use permits, should be directed to the Planning Department before opening any residential care to determine what regulations will apply. Other than licensed facilities that are preempted from zoning, all other similar homes may also be subject to additional requirements from the City's Building and Fire Departments concerning fire safety, sprinkler and alarm systems, occupancy limitations, handicapped access, etc. It is strongly advised that these two departments-be contacted aa early in the process aa possible since some of these requirements could affect the feasibility and economics of the project. Planning Department: (661) 326-3733 (zoning, definition of use, general use questions, conditional use permits,) Building Department: (661) 326-3720 (building permits, building code and occupancy requirements, handicapped accessibility, complaints - Code Enforcement) · Fire Department (Prevention Services): (661) 326-397v (fire safety requirements, fire alarm and sprinkler systems) · Business Licenses: (661) 326-3733 &or//. 200J RESIDENTIAL CARE HOMES Summary Residential Facility serveS 6 or fewer people (count does not include live-in owners or help): · is permitted by right in all residential zones (considered by state law a residential use) · no city business license or home occupation permit is required · the operator must have a valid license to operate from the State of California · is not subject to standards or regulations differently from any other typical home Residential Facility serves 7 or more people (count does not include live-in owners or help): · a conditional use permit is required in all residential zones (except R-4 for people with disabilities) · a city business license is required (however, no home occupation is needed) · the operator must have a license-from the State of California · additional building and fire safety items may be required (ie. handicapped access, alarmffwe sprinklers, etc.) The above facdities are providing non-medical care .to persons in need of personal services, supervision, or aasistance essential for their dady living. This can include care for the elderly, juveniles, physically and/or mentally disabled, alcohol/drug rehabilitation, halfway homes, etc. -- any facility where care and/or supervision for the specific condition is provided and such facility is licensed as such by the state. ROOMINGHOUSE: · is any building containing ~ or more guestrooms rented for compensation · may.provide some personal oversight (ie. curfew, limited restrictions), but does not qualify for State licensing · requires a conditional use permit in any residential zone (except R-4) · requires a city business license · may require additional building and fire safety items in any residential zone, a person can legally rent up to 2 rooms (1 person in each room) as a permitted use. Once they rent 3 or more rooms an~or have 3 or more renters, a conditional use permit is required, if the homeowner states that they are running a group care home for 6 or fewer persons believing this to be a permitted use but they have no state license for such a facility, then they are not a residential facility but a.roominghouse. They must either obtain approval of a conditional use permit or reduce the number of people and rooms being rented to 2 so as to remain a legal use without a conditional use permit. FAMILY (zoning del'tuition): "A family is defined as an individual or group of individuals, related or unrelated, living together as a single housekeeping unit, including necessary servants. A family does not includea residential facility, group care, rest home, dormitory, roominghouse, motel or similar uses." There is no maximum number of people that can live in a home by definition since the city cannot discriminate between related and unrelated persons as ruled by the Supreme Court. Occupancy limits are a health and safety issue enforced by the Uniform Housing Code as it is based on a person per room or minimum square footage requirement which can be applied equally to all persons regardless of relationship. A single housekeeping unit means that the occupants have conunon use and access to all living and eating areas, bathrooms, ae~ f~.~ ?reTerc~'n a~.~, .~,rv:e- ar-~'~. In ~,d?.itio,, cc,:,rt ce.~e~ have reco~.n;.?d that a fancily repr~;ent¢ an intentionally structured relationship between the occupants implying a permanent, long-term relationship as opposed to one that is short-term or transient. The 'latter includes roorninghouses, halfway and sober/drug-free living homes where the person is at the home for a defined period and then is required to move to more permanent living arrangements once they have satisfied their prescribed recovery period. A.or~l. 2003 RECEIVED  JAN 2 8 ?_005 -~ K E R S F I E L D CiTY MANAGER'S OFFICE CITY OF BAKERSFIELD PUBLICWORKS DEPARTMENT . MEMORANDUM TO: Alan Tandy, City Manager o FROM: Raul Rojas, Public Works Director/?"'~-.._ __.._- DATE: January 27, 2005 SUBJECT: EXTENSION OF BIKE PATH Referral No. 1033 (Meeting: 1/26/2005) Vice-Mayor Maggard requested staff respond to a citizen's concerns at Royal Coach Circle regarding the extension of the bike path. Public Works staff contacted the citizen, Mr. David Selzam, and discussed the status of the bike path and his other concern regarding holes in the pavement. (A copy Mr. Selzam's letters are attached.) Staff sent the following e-mail to Mr. Selzam as a follow' up to that phone discussion. From: Arnold Ramming To: selzamDP@msn.com Date: 1/27/05 2:05 PM Subject: Royal Coach Circle January 27, 2005 Mr. Selzam, Councilmember Mike Maggard asked me to respond to your letter of January 24, 2005. I'm sending you this e-mail as a recap of our phone conversation today. In regards to the recently constructed bike path, we have planned for installation of bollards to restrict the access of vehicles onto the bike path. Those bollards should be installed within the next few weeks. City crews dug the holes in the pavement on Royal Coach Circle so that the survey monuments could be accessed by the surveyor on the new apartment complex. Those holes will be filled in by City crews tomorrow, January 28. I trust this addresses the concerns that you have regarding these two issues. If you have any other questions or concerns, please feel free to call me at 326-3591. CC: Jack LaRochelle; Mike Connor; mike@mikemaggard.com; Raul Rojas G:\GROUPDAT~Referrals\2005\O1-26\Ref 1033_Arnold.doc David T. Selzam, Sr., Representing Royal Coachman Estates Homeowner's Asssociation 5909 Woodbridge Court Bakersfield, CA 93306-7035 January 24, 2005 Michael W. Maggard 4917 Panorama Drive Bakersfield, CA 93306 Reference: Royal Coachman Estates letter of January 7, 2005 Dear Mr. Maggard: Your constituents residing in the 180 homes of Royal Coachman Estates are increasingly concerned with the continuing problems resulting in the apparent inability of the City of Bakersfield to address and resolve the problems we discussed on January 7, 2005. An additional problem is that the city saw fit to tear out the sidewalk and the half round curb on Royal Coach Circle and replaced the curb with a regular driveway curb making it that mUch easier for cars and trucks to enter this area. This was done in spite of the fact that funds have not been available to replace many street corner curbs with required 'disabled curbs.' Again, nothing has been done to install steel posts at the opening to the 'bike path' so as to prevent cars, trucks dirt bikes, motorcycles and off-road vehicles from entering this area. This is still occurring. There is a correction to my number three (3) item. ...... stated that4here~were at-least-3 or 4-Elevation Monuments that~ had not (and still have not been completed) in order to bring them flush with the pavement, lin reality, there area eight (8); some on the south side of Royal Coach Circle are partially filled with dirt from the four (4) apartments being built on the hill. A driving hazard exists as well as damage to cars inadvertently driven into and through these excavation in the pavement. Also, for at least two weeks the Elevation Monument at the entrance to the north side of Royal Coach Circle (from Falrfax) has had the cover removed revealing a large opening and a deep hole. Page 2 Surely someone in the Bakersfield bureaucracy must have knowledge of what was done in this area and these projects and left unf'mished. This has been going on since July of 2004. Something must be done - and soon. A response to this letter is expected by February 2, 2005. Thank you. Sincerely, David T. Selzam, Sr. cc: Pacific Management Co. David T. Selzam, Sr. 5909 Woodbridge Court Bakersfield, CA 93306 January 7, 2005 Michael W. Maggard 4917 Panorama Drive Bakersfield, CA 93306 Dear Mr. Maggard: it~was-~o~d-t o-t~lk-w ith-you- this-a ft ern oo n~rega~rdingXh~e 15'~bike-path~whichis-~ adjacent to Royal Coachman Estates. In response to your request, I am listing the items we discussed and am also enclosing some pictures (4) which I took on August 12, 2004. 1. It was understood by Jim Shineflew, the president of our Homeowner's Association, that the bike path was not .supposed to connect to Royal Coach Circle. As the pictures show, the sidewalk was torn out and a new reinforced sidewalk was poured along with a new curb. 2. No posts have been installed so that nothing but a bicycle could use the bike path. In the meantime, cars, pickups, motorcycles, dirt bikes and off road vehicles are frequently using this bike path. 3. Excavations have been made on Royal Coach Circle for Elevation Monuments. These are about 18" square. The excavation has left a 4" hole in the center of Royal Coach Circle; there area at least 3 or 4 such excavations and cars are oftentimes being driven into and through them. --We-certainlywould-appreciate~arning~the~status~of~this~situation~and-I-have given my e-mail address to you to facilitate the answers or to ask any questions. It is: SelL~n~~n.com ._~cerel~_, /f.,~ David T. Selzam, Sr.v Encl: Four pictures JAN 2 6 7.005 CITY MANAGER'S OFFICE B A K E R S F I E L D PUBLIC WORKS DEPARTMENT CITY OF BAKERSFIELD MEMORANDUM January 26, 2004 TO: ALAN TANDY, CITY MANAGER FROM: RAUL M. ROJAS, PUBLIC WORKS DIRECTOR,~..-,--~__~-- SUBJECT: GRADE SEPARATION ON ROSEDALE HIGHWAY (SR58) Previous Council Referral #1014 Staff responded to a request by Councilmember Couch last year on the development of a grade separation on Rosedale Highway at the Minkler Spur (just west of Landco). Staff now has additional information regarding this crossing to report. This coming fall, the Separation of Grade District will be nominating this crossing with the Public Utilities Commission (PUC) for Section 190 funding to construct a separation of grade. The Section 190 Program has a nominating process that takes place every two years which results in a prioritized list of projects eligible for Section 190 funding. Section 190 funding consists of $15 million annually, with a maximum of $5,000,000 going toward any project. Projects are ranked by the PUC based on several criteria including daily train traffic, daily vehicle traffic, traffic delays, number of accidents, etc. In the spring of 2006, the next PUC prioritized list of ranked projects eligible for Section 190 funding will be published. If a project is on the list, then once all details of a project are completed (general plans, railroad agreements, local funding resolutions, etc.), a request for an allocation for funding can be made. This request is forwarded to Caltrans who administers the Section 190 program for the PUC. The amount of allocation requests received and the ranking of a project determines whether that project receives an allocation for funding. Due to the Iow volume of trains at this crossing, this crossing may not rank high on the PUC list. However, the City and Grade Separation have been quite successful in receiving allocations in the past, even for lower ranked projects as higher ranked projects were either not able to secure the remaining local funding needed to complete the project, agreements with the Railroad were not complete, or other issues that resulted in the project not submitting a request for an allocation. For instance, the Mohawk Separation of Grade at the BN&SF Railroad, planned to be constructed as part of the Westside Parkway, was Number 56 of 58 projects on a previous PUC list; but a request was submitted and .an allocation for $5,000,000 in funding was approved. S:\TED\2004 memos\122104 referral.doc B A K E R S F I E L D ~ J~N 24 ZOOS L MEMORANDUM CITY MANAGER'S OFFICE TO: Alan Tandy, City Manager Stanley Grady, Development Services Director FROM: DATE: January 24, 2005 SUBJECT: Re: Vehicles at Angels Camp and Hornitos Referral # 1026 Councilmember Hanson requested staff to facilitate removal of five old vehicles parked on the street at the intersection of Angels Camp and Hornitos. Code Enforcement responded on January 21, 2005 and the situation was unfounded.