HomeMy WebLinkAbout05/26/00 BAKERSFIELD
CITY MANAGER'S OFFICE
MEMORANDUM
May 26, 2000
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: ALAN TANDY, CITY MANAGER /:)7-L,--¥
SUBJECT: GENERAL INFORMATION
1. The Governor has put into his budget a $23 million dollar program for Bakersfield and
Kern County that would restore a substantial flow to the Kern River, improve water
quality, add recreational facilities, and improve the agricultural community's water
supply.
We are going to have to figure out a special form of thanks!
This requires the Legislature to approve the budget. I am sure our delegation will
assist.
An explanatory joint memo, from my office to the Council and from Tom Clark to the
Water Agency, is enclosed. This is big!
2. Separate from the Governor's Kern River Project, mentioned above, there are other
possible projects that may receive funding from Proposition 12 and 13 monies. The
attached preliminary list was compiled from a variety of sources, including the Kern
River Parkway Foundation, public input, news articles, and staff suggestions.
3. We had the first metropolitan area sewer authority meeting this week with the County
and other sewer agencies. It was a positive exchange of background information.
Another meeting will be set.
4. Attached is a memo regarding the process for reviewing the City Center proposals,
including the tentative time frame and description of an Exclusive Right to Negotiate.
5. We will present you with a plan that gets three street sweepers and operators and see
if you are comfortable with where the money comes from. There will be more
information next week when you receive the responses to the budget questions from
May 22®.
6. The County has prepared a report on their proposed recommended uses for the
almost $15 million in Tobacco Litigation Settlement funds. They have included the
letter we sent them with our suggested uses for these funds as part of their report.
Honorable Mayor and City Council
May 26, 2000
Page 2
They are recommending that the funds be spent on one-time projects, with public
health receiving $5.3 million, public safety receiving $7.5 million, and $2 million to go
to roads. The options for consideration are shown on Page 4 of the report. The
specific uses of the funds have not been fully identified, so it is difficult to determine
the actual benefits to city residents, at this time. They are recommending that the
report be referred to the June 6, 2000 hearing regarding the use of the Tobacco
Litigation Settlement funds.
7. I will be taking vacation time on Wednesday, May 31st (partial day), as well as June
1st and 2nd, Thursday, and Friday, of next week. During my absence, John Stinson
will be in charge.
8. The enclosed memo from Public Works is to inform you that you will be receiving mail
invitations to the Grand Opening Ceremony for the Amtrak Station. The ceremony
will take place on Tuesday, July 4th, beginning at 10:00 a.m.
Also, the ribbon cutting ceremony for the Q Street underpass project will be on Friday,
June 30th at 9:00 a.m.
9. We were unable to find an acceptable date for the next combined City / County
meeting, which was originally scheduled for June 26t~. The only date that works for
the County is a conflict for a majority of the Council. Because of conflicts with
vacations and the budget process, the County indicates that the earliest they could
meet is late August or early September. We are working to pin down a date. If there
are any major conflicts at that time, please contact Alan Christensen.
10. We have been broadcasting the Council meetings live on the internet, but now,
instead of the City doing it, it is available as a link from the KGOV website, which
broadcasts over the internet. To the public, there will be no difference in broadcast
quality or access, and they can access the KGOV site from our web page. Using the
KGOV internet broadcast saves the City the cost of paying a Management
Information Services employee to monitor the broadcast. Kudos to M.I.S. for finding
a less expensive way to maintain a great public service at less cost.
11. The County took a step towards universal collection this week by setting the public
hearing for July 25th. If approved at the hearing, universal collection will begin phased
implementation on January 1, 2001. Service will be billed on the tax roll, as is done
in the City. The County's rate of $11.95 per month, which was approved this month
for their new automated program, will be reduced to $11.83 per month, due to
improved economy of scale. This proposed rate is still higher than the City's
proposed rate of $11.63 per month. The County staff report that was presented to
the Board on May 23rd is enclosed.
Honorable Mayor and City Council
May 26, 2000
Page 3
12. A letter from the Convention and Visitors Bureau is enclosed in support of the
proposed City Center project, particularly in regard to the potential recreational sports
facility, which would be a major draw for attracting various events, and the movie
complex, that could serve an additional purpose as a place for large groups to meet.
13. Public Works has announced that Sean Cacal has accepted the position of General
Services Community Relations Specialist for the Anti-Graffiti Program.
14. An update on the status of the MAOF child care project to be located at 715 East
California Avenue is enclosed for your information.
15. Responses to Council requests are enclosed, as follows:
DeMond
· Survey information from previous request regarding skate park usage.
Maggard
· Concerns regarding corner of Panorama Drive, Manor Street, and Union Avenue;
· Signal timing at Stockdale and Allen;
· Investigate need for crossing guard across Wenatchee at Renegade Street and
traffic control stop signs;
· Extension of northeast bike path.
Salvaggio
· Housing and community development activities in the past 3 years that have been
completed, or under construction, for these general areas: Casa Loma, Union
Avenue, California/Lakeview.
AT: rs
cc: Mayor-Elect Harvey Hall
Department Heads
Pamela McCarthy, City Clerk
Trudy Slater, Administrative Analyst
F,£g.,',,l C01..~1~ ~
WATER AGENCY t3 A K P. R $ ? I g g D
TO: Kern County Water Agency Board of Directors
Honorable Mayor and City Council Members
FROM: Tom Clark, Kern County Water Agency General Manager
Alan Tandy, City Manager
DATE: May 25, 2000
SUBJECT: Kern River Flow Restoration and Water Reliability Program
The purpose of this memorandum is to relay good news to you and to give you a preview of a
potential project which we may jointly pursue.
Governor Gray Davis has included $23 million in the state's May budget revise to implement the
Kern River Flow Restoration and Water Reliability Program (Kern River Program). The source
of these grant funds is Proposition 13 - the Safe Drinking Water, Clean Water, Watershed Protection,
and Flood Protection Act., a section of which provides $180 million for an Interim Water Reliable
Supply and Water Quality Infrastructure and Management Program. These funds are targeted for
use in the Bay-Delta export area, and are intended to implement programs which will help restore a
portion of water supplies that have been reallocated to Bay-Delta environmental uses. We are excited
that Governor Davis has derided to fund this program, and wish to convey our deep appreciation to
the Governor, Senator Jim Costa, and our other local state legislators who worked hard for the
success of Proposition 13.
In the ~veeks ahead, we will be providing you with additional information about the Kern River
Program. Ultimately, we will need to seek your approval for proceeding with the Program. At this
point, we wanted you to provide you with an overview of the Program, so that when it becomes more
publicly known, you will understand what is involved in case you are contacted by the media or
public.
The Kern River program will provide broad local water supply, drinking water quality and community
benefits, both for the metropolitan Bakersfield area and Kern County agriculture, such as:
· The Program includes a component to restore flows in the Kern River through the heart of
Bakersfield during May through September. This will yield significant aesthetic values,
recreational benefits and improved management of Kern River flows for urban and
agricultural uses.
Kern River Program
Page 2
· A major source of Kern County's water supply is the Delta via the State Water Project. The
quality of this water is inferior to the high quality Kern River water. The Program will
facilitate water exchanges and acquisition of Kern River water rights that will secure a high
quality source of supply for Bakersfield citizens.
· The Program provides funding to acquire property which will generate multiple benefits.
These benefits include new areas for recharging water, integrated with opportunities for park
and recreational uses.
· Delta water supplies are becoming increasingly unreliable, so the Program will fund
construction of new water wells which will be integrated with local water banking projects
to provide improved dry year water supply for both urban and agricultural uses.
Implementation of the Kern River Program involves a partnership between the City of Bakersfield,
Kern County Water Agency, and other local water districts. The Program would begin in August
2000 with Governor Davis presiding over a ribbon-cutting ceremony, and is planned for completion
by December 2001. This is an ambitious schedule, but can be accomplished via the coordination,
cooperation and hard work of our respective staffs.
Attached to this memorandum is a program description which provides more detail on program
elements and benefits.
At this time, we are working with our local state legislators (Senator Jim Costa, 16th District; Senator
Charles Poochigian, 14~ District; Senator Pete Knight, 17~ District; Assemblyman Roy Ashbum, 32~a
District; Assemblyman Dean Florez, 30~' District; Assemblyman Keith Olberg, 34th District) to assure
that funding for the Program remains in the Governor's fiscal year 2000-2001 budget. This is an
important milestone.
May 25, 2000
KERN RIVER FLOW RESTORATION
and
WATER RELIABILITY PROGRAM
Overview
Local water leaders are working to implement the Kern River Flow Restoration and Water
Reliability Project, utilizing $23 million from the "Safe Drinking Water, Clean Water, Watershed
Protection, and Flood Protection Act" (Proposition 13), known as Water Bond 2000. This project
will generate broad local water supply, environmental and community benefits, and targeted drinking
water quality benefits within the metropolitan Bakersfield area.
Background
With the passage in March 2000 of Proposition 13, the "Safe Drinking Water, Clean Water,
Watershed Protection, and Flood Protection Act", over $1.9 billion was made available to improve
California's water infrastructure. It is estimated these funds could generate nearly 1,000,000 acre-
feet of new dry-year water supply, restoring a portion of the Bay-Delta water supplies that have been
lost due to federal actions, as well as generate important water quality and flood protection
improvements.
Projects funded by Water Bond 2000 will bring greater certainty to the water supplies which fuel
California's economy and sustain the state's competitive edge. These investments will help prepare
California for an additional 15 million people by 2020 through a variety of clean water, watershed,
flood protection and water supply improvement programs.
Chapter 9, Article 4 of Proposition 13, the Interim Water Reliable Supply and Water Quality_
Infrastructure and Management Program, provides $180 million in competitive grants and loans "to
local agencies located in the delta export service areas for programs or projects that can be completed
and provide the intended benefits not later than March 8, 2009, and are designed to increase water
supplies, enhance water supply reliability, or improve water quality." Programs to be funded under
this section of the bond are authorized at the discretion of the Governor.
Kern County water leaders and planners have been working to develop a comprehensive local
program that would encompass the specific types of activities targeted for funding under this portion
of the bond, including;
1) improving drinking water quality by shifting reliance from lower quality to higher quality
source water supplies;
2) constructing new groundwater storage and recovery projects,
3) expanding existing groundwater storage and recovery projects,
4) acquiring water and storage rights in existing surface reservoirs, and
5) measures and facilities that improve opportunities for water transfers and exchanges.
Program Overview
The Kern River Flow Restoration and Water Reliability Project will provide significant water
quality, water supply, environmental and community benefits for the metropolitan Bakersfield area
and a broad range of Kern County water users through the coordinated implementation of a number
of program components. Specific project components include; acquisition of Kern River water fights
(including storage in Lake Isabella), purchasing of prime water recharge lands, construction of wells
for recovering water, and construction of new water exchange facilities.
Water quality benefits will be realized by obtaining high-flow Kern River water rights from private
interests (averaging 40,000 acre-feet annually), which will make certain that this source of high
quality Sierra water is available to meet local drinking water needs. The Kern River is one of the
highest quality streams in the state and is the best source of drinking water for over 350,000 people
in the metropolitan Bakersfield area. Residents who receive water from the Henry C. Gamett
Purification Facility and local users who rely on groundwater for their drinking water will enjoy the
benefits of a reliable, high quality Kern River supply made available under this program.
Water supply benefits will also be realized by obtaining these Kern River water rights. Of the 40,000
acre-feet targeted for acquisition, approximately 10,000 acre-feet of water will be used directly by
the water purification facility to meet drinking water demands, with the remaining water recharged
in the Kern River Parkway and other recharge areas for regulation and recovery by urban and
agricultural users. In addition to obtaining this water supply, the right to store water in Lake Isabella
will also be obtained. These storage rights will provide a higher level of water supply reliability for
the metropolitan Bakersfield area, and improve the operational flexibility of Kern's. extensive
groundwater banking projects.
The amount of water received under these rights can vary widely from year to year. Local water
banking projects will be used to store the high flows that are not needed in the current year. This
stored water will be recovered for use during water shortages, providing a dependable increment of
water supply for local farmers. Additional recovery wells will be constructed on existing water
banking projects to assure that this increment of stored water can be recovered to meet dry year
· demands. These wells will provide 36,000 acre-feet of additional recovery opportunities during dry
years.
Environmental and community benefits are an important component of this program, by assuring that
the heart of the City of Bakersfield (from Manor Street in the northeast to Allen Road in the
southwest) will enjoy a re-watered Kem River during the peak recreation season between May and
September of each and every year. This stretch of the Kern River has been dry since the mid-1950s,
except in wet years.
A series of wells will be constructed in the right-of-way of the Kern River Canal and Cross Valley
Canal, which are adjacent to the Kem River channel. During dry years, water released and
percolated down the Kern River channel will be recaptured and recirculated by these wells. This
program will keep the fiver flowing during the peak use months, without decreasing the supplies that
are needed during critical water short years.
-2-
Regulation/recharge basins will be constructed on lands near Stockdale Highway and Allen Road,
providing the additional capacity necessary to recharge the acquired Kem River water rights, and to
provide a facility for delivering water back to the Kem River. These regulation/recharge basins will
be constructed in coordination with a new multipurpose regional park targeted for construction in
this area (using non-Proposition 13 funds), thus combining a prominent water feature into the park.
Lands within the park facility may be included to accomplish the added benefit of increased
absorptive capacity during high water years and flood situations, and provide a multipurpose
recreational field (soccer park, etc.) during non-recharge cycles.
Modifications and improvements to existing surface water delivery systems will allow the integration
and increase the operational flexibility of these systems. The improvements will be aimed at systems
which facilitate the delivery of high quality Kem River water to areas which currently receive water
of lesser quality. Initial evaluations have examined opportunities to re-regulate Kern Delta Water
District and North Kern Water Storage District supplies, improving reliability of their peak irrigation
supplies in exchange for providing high quality Kern River water for the urban area. The program
may be expanded in the future to include other systems which provide equivalent opportunities.
Program Funding
In addition to dedicating a significant amount of local resources for the initial construction and
ongoing operation and maintenance of program facilities, local water leaders and planners are
seeking $23 million under the "Safe Drinking Water, Clean Water, Watershed Protection, and Flood
Protection Act" to assist in program implementation. The $23 million is allocated as follows:
1) Acquis!tion of Kern River water rights (including Lake Isabella storage) $10 million
2) Purchase of land for additional recharge and recovery facilities $ 3 million
3) Construction of water well recovery facilities $ 8 million
4) Construction of water exchange facilities $ 2 million
Total $23 million
Local funds required for full implementation of the Kern River Flow Restoration and Water
Reliability Project will be provided by project participants.
Program Participants
A number of local government and water management entities will be involved with the
development and implementation of this program. Key program participants currently identified
include:
City of Bakersfield
Kern County Water Agency
Improvement District No. 4
Kern Delta Water District
North Kern Water District
Program Timeline
Program participants have already begun the steps necessary for implementation of some of the
program components. Construction activity funded under the program would begin in August 2000
and is planned to be completed by December 2001.
-3-
5/25/00
Alan - here's the "good news" memo that Gene and Florn have finalized re the Governor's
water project.
Tom Clark and the Water Agency have given it their approval. Gene wants you to review
and make any changes. Read further before you sign off on it, however .......
Gene says that Clark doesn't usually sign his memos, and will not be available to sign this
one, so since this is a joint memo from both of you, I will leave the choice up'to you as to
whether or not you want to sign by your name. If you do, it may give the impression that
you signed off and Clark did not, so may just want to leave blank.~..,O
Vic Pollard is the Bak. Californian doing the story, and Gene thinks it won't hit the paper
til this weekend, but that we should fax and put in the Council ~oxes today, so they might
end up knowing about it before the news article. Also, that it bE sent as separate item from
Gen Info, since it is a joint release from you and Clark (more tiplomatic that way).
This ti ~s to the page you gave me from the Governor's budg~ that you wanted me to put
in Ge~ Info, with a "more to follow" type note. Should I still o that?
PRELIMINARY LIST
PROP. 12. and 13
KERN RIVER PARKWAY PROJECTS:
As you requested, attached is preliminary list of Kern River Parkway projects for
Propositions 12 and 13 funding. Please note that the projects listed below are not shown on a
prioritized basis:
1) Widen and improve existing 18 miles of Kern River bike path between Stockdale Highway
and Califomia Living Museum.
2) Construct and extend bike path along Kern River corridor from Stockdale Highway to
Interstate Highway Route 5; and, from trailhead located near the mouth of Kern Canyon.
to California Living Museum (CALM).
3) Acquisition of privately-owned properties along Truxtun Avenue Extension and Stockdale
Highway to allow for expansion and development of the Kern River Parkway.
4) Expand trailhead parking areas and establish major tree-planting projects throughout the
Kern River Parkway.
5) Develop and complete recreation facilities (i.e.; volleyball, picnic grounds, etc.) In
designated areas of the Kern River Parkway.
6) Provide public access and restoration of river shoreline at Beach Park between 24th Street
and 99 Highway.
7) Construct new river access corridor and recreation area with recharge basins near
Stockdale Highway and the Kern River.
8) Enlarge and reconstruct Bellevue River Weir with bike path and pedestrian crossings of
the Kern River incorporated into the total project.
9) Complete equestrian trail along north shoreline of Kern River channel between Alfred
Harrell Highway and Stockdale Highway bridge.
10) Complete landscaping and improvements on new parcel located along Kem River across
from Cai-State University Bakersfield to provide access to Bakersfield Educational
Studies Area (BESA).
S:\GRANTS&PROP12,13~.R. ParkwayProjects
BAKERSFIELD
CITY MANAGER'S OFFICE
MEMORANDUM
May 26, 2000
TO: Alan Tandy, City Manager
FROM: Alan Christensen, Assistant City Manager ~
SUBJECT: Exclusive Right to Negotiate for California Avenue Proposals
It has come to our attention that there may be some confusion about the process for
reviewing City Center development proposals and possibly entering into an "Exclusive
Right to Negotiate" agreement with one of them. The following is intended to clarify the
process.
To date we have received four (4) proposals for a project between the Arena and California
Avenue. Upon recommendation of the Redevelopment Agency (RDA), a process has been
developed where proposals will be reviewed and interviews conducted by an Ad Hoc
Committee of the Agency. The Ad Hoc Committee may then make a recommendation to
the RDA that they enter into an "Exclusive Right to Negotiate" with one of the developers.
The "Exclusive Right to Negotiate" agreement is scheduled to be considered by the
Redevelopment Agency on June 21st and the City Council on June 28th.
An "Exclusive Right to Negotiate" is a common legal document used by redevelopment
agencies. The "Exclusive Right" sets a time frame or period, typically 60 to 180 days, to
negotiate a single party. It only binds the RDA to negotiate during a period of time. If
negotiations are successful, then the terms and conditions are set forth in a Disposition
and Development Agreement (DDA), which may be entered into at a later time. If
negotiations are unsuccessful during that time period, then the agreement terminates.
If you have any further questions, please contact me.
Telephone 661-868-3198 · FAX 661-868-3190 ° TTY Relay 800-735-2929 County Administrative Officer
F1ECE[VED 30, 2000
Board of Supervisors
Kern County Administrative Center MAY
. .
1115 Truxtun Avenue
Bakersfield, CA 93301 CITY MA~,~GEF~'S~c"r"~C[: ' ·
UPDATE ON TOBACCO LITIGATION SETTLEMENT (TLS) FUNDS AND
REPORT ON OPTIONS FOR USE OF FUNDS
On April 11, 2000, your Board set a public hearing for June 6, 2000 to receive input on the proposed uses of the tobacco
litigation settlement (TLS) funds. In preparation for next week's hearing, this report outlines the amount of settlement funds
the County has received to date and provides a projection of TLS revenues expected to be received through Fiscal Year 2029-
30. In addition, this report presents alternatives for use of the County's FY 1999-2000 and FY 2000-01 allocations of TLS
revenues (Exhibits Al-A3), and provides a menu of expenditure items which can be considered for funding from this special
revenue source (Exhibit B).
Background
On November 23, 1998, forty~six states, the District of Columbia, and several U.S. territories and cities entered into a Master
Settlement Agreement (MSA) with the four major domestic tobacco companies. Under that settlement agreement, it is
expected that through the year 2025 the tobacco industry will pay in excess of $200 billion to the settling parties. The TLS
revenues received annually by the State of California will be divided evenly, with one-half going to the 58 counties and the
four cities of San Francisco, Los Angeles, San Diego, and San Jose, and the remaining one-half being retained by the State.
The amount allocated to each county is based on population and will be adjusted every ten years pursuant to the federal census.
As set forth in the MSA, and 'the basis for the original lawsuits against the tobacco manufacturers, the settlement payments
represent reimbursement for past tobacco-related health care expenses incurred by municipalities that historically provided
health care services. It should be noted, however, that your Board has complete discretion over the use of these funds. The
State's 50% share of the TLS revenues are also discretionary-use monies.
Purpose of Tobacco Litigation Settlement Payments
It is important to recognize the legal basis for the multitude of lawsuits leading to the MSA. The national law finn of Fulbright
and Jaworski, which has been closely involved in TLS issues, concluded in a March 2000 special report as follows:
"It is important to bear in mind the legal theories embodied in the multitude of lawsuits leading to the Master
Settlement Agreement. One of the principal remedies sought was compensation to governmental entities for
the past costs of treating tobacco-related illnesses. For decades, while state and local governments were
paying these additional health care costs, other government priorities such as streets, roads, bridges, courts
and local jails' suffered systematic underfunding. Logic dictates that a significant portion of tobacco
settlement revenues Should be used to rectify this historical imbalance."
Over the past 20 years, Kern County has spent more than $2.2 billion on health related costs. The percentage of that figure
correlating directly to tobacco-related health care costs represents a very large number, but cannot be specifically quantified.
Board of Supervisors ~
Update on Tobacco Litigation
Settlement (TLS) Funds :
May 30, 2000
Page 2
Kem County' s important respOnsibility and obligation to maintain health related services over past decades, particularly during
the past eight years of the ERAF property tax shift, contributed to the diversion of County resources away from infrastructure
maintenance and other budget needs.
With the exception of Los Afigeles, San Diego, San Francisco, and San Jose, no California cities are included in the MSA.
This is due to the fact that th~se are the only four cities in California that have provided health care services and incurred
tobacco-related health care ctsts. At the time the State Attorney General was soliciting co-litigants in California's lawsuit
against the tobacco companieS, that office invited the participation of all local government entities which had incurred health
care expenses related to tobacco ailments, and thus had "legal standing" in the litigation. Only the four California cities
mentioned above could demonstrate such prior expenses and the associated legal standing in the lawsuit. Therefore, since no
other cities have incurred significant expenses related to providing health care services, there is no provision in the MSA for
reimbursement to those cities~.
Tobacco Litigation Settlement Revenue Projections
During the current fiscal Year, Kern County received TLS payments totaling $8,493,550. All of this amount has been
deposited in a special interest:bearing trust fund. No further TLS payments are scheduled to be received this fiscal year. For
next fiscal year (FY 2000-01), it is conservatively estimated that the County will receive an additional $6,350,000 in TLS
revenues. The total estimated amount available for appropriation and expenditure in the FY 2000-01 County Budget,
including accrued interest, is approximately $14.9 million, as summarized below:
FY 1999-2000 Actual TLS Revenues: $8,493,550
FY 2000-01 Estimated TLS Revenues: 6,350,000
Estimated Accrued Interest: 65,000
Total Amount Available $14,908,550
It must be noted that the above amount includes $1.2 million already obligated by your Board to cover that portion of the
construction costs for the new Public Health Facility in excess of the original estimate (reference Board action on February
22, 2000). This leaves a net amount of about $13.7 million available for additional expenditure items.
The TLS revenue estimate forFY 2000-01 is much lower than the current fiscal year's estimate because the revenues received
during FY 1999-2000 included a one-time payment held over from 1998.
The amount of future TLS reVenue to be received by Kern County under the MSA is very difficult to accurately project due
to the payment adjustment and risk factors discussed later in this report. In fact, even the amount Kern County received this
current year was significantly less than originally projected, due primarily to a dramatic decline in domestic tobacco
consumption and sales. Originally, the County had expected to receive $9,242,000 in Fiscal Year 1999-2000. This projection
was based on the State Legislative Analyst's Office (LAO) report dated January 14, 1999. The actual amount received during
the current year was about $750,000 less than the LAO's projection.
Board of Supervisors
Update on Tobacco Litigation
Settlement (TLS) Funds
May 30, 2000
Page 3
Updated projections of future TLS payments through Fiscal Year 2029-30 are attached to this report (Exhibit F). These
projected amounts represent our best estimates given the information currently available, and should not be considered a worst
case scenario. The worst case scenario, based on bankruptcies, excessive litigation, or other factors, is that at some point in
the future the participating manufacturers will not be able to make any payments, resulting in the County receiving nothing.
While the forecast revenues represent a probable scenario, the County has already experienced the unpredictability of the TLS
revenue stream. Because of this inherent unpredictability, it is recommended that the majority of these revenues be used to
fund one-time expenditures (such as capital projects and infrastructure maintenance) rather than to meet ongoing operational
COSTS.
Risks Related to Tobacco Litigation Settlement Revenues
The TLS payment amounts provided by the tobacco companies are subject to the following adjustments and risks which make
future revenue projections difficult to determine. Because of these risks, the prominent financial rating agencies and municipal
finance advisor firms have strongly recommended that these uncertain revenues be used mainly for one-time costs, rather than
relying on these monies to finance ongoing program costs.
7
Consumption Adjustment: Domestic cigarette consumption is the factor with the greatest potential impact on future TLS
payments. The MSA contains provisions that allow the tobacco companies to decrease the amount they pay if the nationwide
sales of cigarettes decrease. More specifically, each year the amount of the payment will be adjusted based on the volume
of cigarettes shipped within the United States for sale.
Tobacco Company Bankruptcy Risk: If one or more of the tobacco companies declare bankruptcy, the amount of money
going to the states and ultimately the counties could decrease significantly. Bankruptcy by one or more of the tobacco
manufacturers is a possibility given that the manufacturers still face potential lawsuits from individuals and class actions. For
example, there is currently a class action case in Florida against the tobacco manufacturers seeking $200 billion in damages.
If a bankruptcy by one of the participating manufacturers occurred, the remaining tobacco companies-would not b6 responsible
for paying the obligation of the bankrupt company. However, if those smokers who previously bought cigarettes from the
bankrupt company change brands to one of the other participating manufacturers, the impact could be minimal.
Market Share Reduction Adiustment: The MSA was originally entered into by the four major tobacco companies, referred
to as the Original Participating Manufacturers (OPM). Subsequent to the adoption of the MSA, the majority of the remaining
tobacco companies with domestic sales have agreed to be bound by the terms and limitations contained within the MSA.
These companies are referred to as Subsequent Participating Manufacturers (SPM), and combined with the OPM represent
more than a 95% share of the domestic tobacco sales market. Under the terms of the MSA, the payments by these participating
manufactures decrease if they lose market share to nonparticipating manufacturers.
States can protect themselves against a reduction in payments caused by shifting market share by passing a "model statute"
included in the agreement that would require nonparticipating manufacturers to put funds into escrow accounts for 25 years
equivalent to the amounts paid by the participating manufacturers. California has recently passed this type of statute.
Inflation Adiustment: The payments made by the tobacco companies will increase annually based on an inflation adjustment.
As specified in the MSA, the future TLS payments will be adjusted annually by 3 percent or the national Consumer Price
Index (CPI), whichever is greater.
Board of Supervisors
Update on Tobacco Litigation
Settlement (TLS) Funds
May 30, 2000
Page 4
Options for the Use of Tobacco Litigation Settlement Funds
As previously noted, the Board of Supervisors has complete discretion over the use of the TLS funds. Because the basis of
the tobacco litigation settlement agreement is related to reimbursement of health care costs already incurred, there are some
health care advocates who argue that these monies should be utilized exclusively for health care related purposes. Regardless
of the types of costs for which your Board chooses to allocate TLS funds (health care or non-health care related), the County
Administrative Office recommends that the majority of these funds be spent on one-time expenditures such as capital and
infrastructure maintenance needs and not ongoing operational costs. This strategy is consistent with the advice of the major
financial rating agencies and municipal financial advisors, and will avoid reliance on a potentially volatile funding source to
finance ongoing program costs.
Proposed Expenditure Plan Options :
Attached as Exhibits A-1, A-2, and A-3 are three alternative plans for the use of the funds available in FY 2000-01. In each
of these plans, the proposed expenditure items indicate whether the proposed uses benefit city residents, children, or senior
citizens, and also identifies the uses as either ongoing or one-time costs.
Plan gl - Public Health, Public Safety, and Roads Balanced Plan: The County Administrative Office is
recommending Plan #1 (Exhibit A-l). In our judgement, this recommended plan presents an equitably balanced
proposal which apportions the available funds in three categories: health care, public safety, and road repairs. As
indicated in the recap at the bottom of Exhibit A- 1, the plan proposes to use 36% of the available TLS funds for health
related items; 51% for public safety related items; and 13% for road repairs. In addition, this plan recommends
expending 90% of the funds on one-time or limited term items, and only 10% on ongoing projects. It should be noted
that all of the proposed expenditures under Plan gl serve and benefit both city and county residents.
· Plan #2 - Infrastructure Focused Plan: Plan #2 (Exhibit A-2) is an infrastructure focused proposal expending the
entire TLS funds on one-time or limited term projects. This proposal uses 26% of the funds for health related projects;
61% for public safety related projects; and 13% for road repairs.
· Plan #3 - All Health Related Expenditures: Plan #3 (Exhibit A-3) proposes expending the entire amount of available
TLS funds on health related projects. Ninety percent (90%) of this proposed plan is used for one-time or limited term
projects, and 10% for ongoing health related programs.
The County Administrative Office recommends Plan gl, and believes that this option provides an appropriate balance and
equity among numerous diverse interests and needs in the County. This alternative also addresses two of the most critical
needs of this County - deferred facilities maintenance and deferred roads maintenance. Plan #1 also heeds the advice of the
major financial rating agencies and municipal financial advisor firms to focus the use of the uncertain TLS monies on one-
time, non-recurring expenditure uses. On May 16, 2000, your Board held a public hearing regarding the County's capital,
infrastructure maintenance, and replacement equipment needs. The County Administrative Office provided a listing of more
than $265 million in project needs at that hearing. The TLS funds would be an excellent resource to help reduce the backlog
of unmet capital infrastructure needs.
Other Potential Uses of TLS Funds
The County Administrative Office has also developed a menu of expenditure items (Exhibit B) which can be considered by
your Board for funding from this special revenue source. All of the items on this long menu list have merit and are worthy
Board of Supervisors
Update on Tobacco Litigation
Settlement (TLS) Funds
May 30, 2000
Page 5
of funding consideration, unfortunately, only a very small portion of these needs can be met with the amount of TLS revenues
available.
Proposal from City of Bakersfield: Attached as Exhibit C is a written request from Alan Tandy, City Manager of
Bakersfield, proposing a list of projects which could benefit both City and County residents.
Proposal from Kern County Tobacco Settlement Coalition: Attached as Exhibit D is a request from a group called
the Kern County Tobacco Settlement Coalition that a special trust fund be established to set aside as much as 50
percent of the TLS funding designated specifically for health related programs.
Requests from Kern Medical Center: Attached as Exhibit E is a letter from Peter Bryan, Chief Executive Officer of
Kern Medical Center, proposing the use of TLS revenues to meet a variety of health care needs and projects at KMC.
These are all legitimate funding needs worthy of consideration
The County Administrative Office has also considered the pOssibility of using a large portion of the TLS revenues to establish
a "reserve for economic uncertainty." While it would be prudent to build a reserve now so that it would be available when
the County again experiences more financially austere times, this office is not recommending this action at this time. In Fiscal
Year 2000-01, the County is anticipating modest economic growth as a result of increased oil prices and a continuing
improvement in the State's economy. In view of the many critical needs that currently exist throughout the County, it is ·
recommended that most of these funds be used in FY 2000-01 (rather than reserved for future use) to begin addressing the
extensive backlog of capital projects, deferred facilities maintenance, and road maintenance needs.
Securitization of Tobacco Litigation Settlement Funds
Many counties are considering securitizing the annual payments from the tobacco companies. Under a securitization, the
County would issue municipal bonds to receive all or a portion of the net present value of the revenue steam uP-front. More
specifically, the County would sell the rights to the annual payments (or a portion thereof) for a period of time in exchange
for the up-front, present value of the those revenues. Based on the present value of the projected revenues through the Fiscal
Year 2029-30, the County could receive in excess of $100 million up-front. The main benefits of securitization are that all
of the risks associated with the TLS payments' that were previously outlined would be transferred to bondholders and the
County would receive its. money up-front. Alternately, the County could elect to securitize only a portion of the annual
payments. This would allow the County to transfer some of the risk to bondholders, receive money up-front, and continue
to receive some of the residual revenue from the annual payments as they occur.
Securitization of the TLS revenues is worthy of consideration by your Board. However, there are many different securitization
structures and options. The County Administrative Office, in conjunction with the County's financial advisor, Leifer Capital,
is in the process of analyzing these structures and options to determine if securitization is a prudent course of action for Kern
County. Securitization can be accomplished at any time in the future, as long as the TLS payments continue and there is
investor demand for tobacco-backed bonds. This office will provide your Board with a complete analysis on securitization
of these revenues at a future date.
Conclusion and Recommendation
Your Board has complete discretion over the use of the TLS funds. However, due to the unpredictable and risky nature of
the annual payments, it is recommended that a majority of these revenues be used to fund one-time or limited term projects
Board of Supervisors
Update on Tobacco Litigation
Settlement (TLS) Funds
May 30, 2000
Page 6
in lieu of funding ongoing operational expenses. The County Administrative Office is recommending that your Board allocate
the TLS funds during the Fiscal Year 2000-01 budget process as set forth in Exhibit A-1. This proposed expenditure plan
balances the use of the funds between health, public safety, and road maintenance items, limits expenditures primarily to one-
time or limited term costs, and benefits all County residents regardless of whether they live in an incorporated or an
unincorporated area of the County. Additionally, virtually all of the proposed expenditure items benefit children and senior
citizens. However, we recognize and expect that this proposed TLS expenditure plan is likely to be modified as a result of
public input and discussion during the June 6 public hearing on this issue.
Therefore, IT IS RECOMMENDED that your Board receive and file this report, and refer the matter to the June 6, 2000 public
hearing regarding the use of tobacco litigation settlement funds.
Sincerely,
Scott E. Jone~
CountY Administrative Officer
SEJ:JK:sm\00tM0.wpd
Attachments
cc: All Department Heads
All Cities in Kern County
Kern County Tobacco Settlement Coalition
Hospital Council, Central Division
EXHIBIT A-1
EXHIBIT A-1
PLAN gl - PUBLIC HEALTH, PUBLIC SAFETY, AND ROADS BALANCED PLAN
Benefit to City Benefit to Benefit to Ongoing or
Public Health Amount Residents? Children? Seniors? One-Time Cost?
1. Public Health Facility Construction: $1,200,000
(already obligated) Yes Yes Yes One-time
2. Health Facility Furnishings and
Relocation Costs: $1,000,000 Yes Yes Yes One-time
3. Debt Service on Public Health Facility: $900,000 Yes Yes Yes 10 Years
4. Expand Code Enforcement Program: $1,000,000 Yes Yes Yes Ongoing
5. Expand Anti-Smoking Education:
(doubles existing program) $250,000 Yes Yes Yes Ongoing
6. Augmentation of Senior Nutrition
Programs: $250,000 Yes No Yes Ongoing
7. Facilities Maintenance Projects w/Public
Health Impact: $750,000 Yes Yes Yes One-time
SUBTOTAL: HEALTH RELATED NEEOS $5,350,000
Benefit to City Benefit to Benefit to Ongoing or
Public Safety Amount Residents? Children? Seniors? One-Time Cost?
8. Juvenile Rehabilitation Facility:
(One-third of Local Match) $1,000,000 Yes Yes Yes 3 Years
9. Replace Obsolete Public Safety
Conununications System (excludes
mobile radio equipment): $6,000,000 Yes Yes Yes One-time
10. Facilities Maintenance Projects
Impacting Public Safety: $550,000 Yes Yes Yes One-time
SUBTOTAL: PUBLIC SAFETY NEEOS $7,550,000
Benefit to City Benefit to Benefit to Ongoing or
Road Repair Amount Residents? Children? Seniors? One-Time Cost?
11. Repair Damaged/Deteriorated Roads: $2,000,000 Yes Yes Yes One-time
RECAP:
Health Related: $ 5,350,000 35.9% Projects Benefitting County and
Public Safety Related: 7,550,000 50.7% City Residents:
Road Repairs: 2~000~000 13.4%
TOTAL $14,900,000 100% $14,900,000 100%
One-time or limited term: $13,400,000 89.9%
Ongoing: $1,500,000 10.1%
EXHIBIT A-2
EXHIBIT A-2
PLAN #2 - INFRASTRUCTURE FOCUSEO PLAN
(.ALL ONE-TIME OR LIMITED TERM)
Benefit to City Benefit to Benefit to Ongoing or
Public Health Amount Residents? Children? Seniors? One-Time Cost?
1. Public Health Facility Construction:
(already obligated) $1,200,000 Yes Yes Yes One-time
2. Health Facility Furnishings and
Relocation Costs: $ i,000,000 Yes Yes Yes One-time
3. Debt Service on Public Health Facility: $ 900,000 Yes Yes Yes 10 Years
4. Facilities Maintenance Projects w/Public
Health Impact $ 750,000 Yes Yes Yes One-time
SUBTOTAL: HEALTH RELATED NEEDS $3~850,000
Benefit to City Benefit to Benefit to Ongoing or
Public Safety Amount Residents? Children? Seniors? One-Time Cost?
$. Juvenile Rehabilitation Facility:
(One-third of Local Match) $1,000,000 Yes Yes Yes 3 Years
6. Replace Obsolete Public Safety
Communications System- Phase III
(excludes mobile radio equipment) $6,000,000 Yes Yes Yes One-time
8. Replace Obsolete Mobile Radio
Equipment $1,000,000 Yes Yes Yes One-time
7. Facilities Maintenance Projects
Impacting Public Safety: $1,050,000 Yes Yes Yes One-time
SUBTOTAL: PUBLIC SAFETY NEEDS $9,050,000
Benefit to City Benefit to Benefit to Ongoing or
Road Repair Amount Residents? Children? Seniors? One-Time Cost?
8. Repair Damaged/Deteriorated Roads: $2,000,000 Yes Yes Yes One-time
GRAND TOTAL ] $14,900,000 ]
RECAP:
Health Related: $ 3,850,000 25.9% Projects Benefitting County and
Public Safety Related: 9,050,000 '60.7% City Residents:
Road Repair 2,000~000 13.4%
TOTAL $14,900,000 100% $14,900,000 100%
One-time or limited term: $14,900,000 100%
Ongoing: $0 0%
EXHIBIT A-3
EXHIBIT A-3
PLAN #3 - ALL HEALTH RELATED EXPENDITURES
Benefit to City Benefit to Benefit to Ongoing or
Public Health Amount Residents? Children? Seniors? One-Time Cost?
1. Pay Off Loan for New Public Health
Facility: $10,000,000 Yes Yes Yes One-time
2. Construction Costs for Public Health
Facility In Excess of Original Estimate:
(already obligated) $1,200,000 Yes Yes Yes One-time
3. Health Facility Furnishings and
Relocation Costs: $1,000,000 Yes Yes Yes One-time
4. Expand Code Enforcement Program: $1,000,000 Yes Yes Yes Ongoing
5. Expand Anti-Smoking Education:
(doubles existing program) $ 250,000 Yes Yes Yes Ongoing
6. Augmentation of Senior Nutrition
Programs: $ 250,000 Yes No Yes Ongoing
7. Facilities Maintenance Projects w/Public
Health Impact: $ 800,000 Yes Yes Yes One-time
8. Repave Parking Lots & Redesign
Hospital Entrance - KMC $ 400,000 Yes Yes Yes One-time
SUBTOTAL: HEALTH RELATED NEEDS $14,900,000
RECAP:
Health Related: $14,900,000 Projects Benefitting County and City Residents:
100%
$14,900,000 100%
One-time Expenditures: $13,400,000 90%
Ongoing Expenditures: $ 1,500,000 10%
EXHIBIT B
~ EXHIBIT B
OPTIONS FOR USE OF ToBAcCO SETTLEMENT FUNDS
EXISTING HEALTH RELATED EXPENDITURE OBLIGATIONS:
1. General Fund Contribution for Mental Health and Substance Abuse $850,000
2. General Fund Contribution for Inmate Medical Care $5,000,000
3. General Fund Contribution to Animal Control Services $380,000
4. General Fund Contribution to Ambulance Service Payments $530,000
5. General Fund Contribution Supportive of Health Services for Veterans $200,000
6. General Fund' Contribution to Emergency Medical Services $80,000
7. General Fund Contribution to California Childrens Services (CCS) $110,000
8. General Fund Contribution to In-Home Supportive Services $4,300,000
9. General Fund Contribution for Drug Awareness Program (DARE) $150,000
10. General Fund Cost for Prosecution of Illegal Sale of Tobacco $100,000
11. General Fund Cost for Fire Dept. Activities Related to Paramedic/First Response $600,000
12. .General Fund Cost for Health and Building Code Enforcement $350,000 -
13. Estimated General Fund Cost for County Support Services Provided to Health Related
Programs (maintenance, utilities, information technology, purchasing, payroll,
accounting, legal, administrative, etc.) $2,000,000
14. Estimated General Fund Cost for Emergency Dispatch Services for 911 Ambulance
Calls $1,500,000
15. Estimated General Fund Cost for Employee Group Health Insurance $24,010,000
16. General Fund Cost for Health and Building Code Enforcement $1,500,000
Sub-Total for Existing Obligations: $41,660,000
NEW HEALTH RELATED EXPENDITURE OPTIONS:
17. Pay-off Loan for New Public Health Department Facility $10,000,000
18. Construction Costs for New Public Health Facility Exceeding Original Estimate $1,200,000
19. FY 2000-01Debt Service for New Public Health Facility $900,000
20. Furnishings and Relocation Costs for New Public Health Facility $1,200,000
21. Expand Senior Nutrition Program $250,000
22. Expand Anti-Smoking Education Program $250,000
23. Health Related Facilities Maintenance and Capital Projects (Level I Priority), except
KMC $800,000
24. Kern Medical Center Requested Major Maintenance Projects $2,900,000
~25.' Kern Medical Center Facilities and Equipment/System Needs:
Physician Practice Management System ($3,100,000)
X-Ray Archive System ($3,000,000)
Construct New Administration Building ($4,000,000)
Relocate Main Entrance to Mt. Vernon ($1,100,000)
Replace Angiogram System ($1,1 ! 4,000) $12,314,000
26. Increase Funding for Kern Medical Center to Cover Unreimbursed Hospital Care
Costs for Indigent and Unsponsored Patients $14,000,000
Sub-Total for New Health Related with Pay-Off of Health Facility Loan: $42,914,000
Sub-Total for New Health Related without Pay-Off of Health Facility Loan: $33,814,000
NEW NON-HEALTH RELATED EXPENDITURE OPTIONS: (not in pi'iority order)
27. Estimated Increase in Retirement Rates $3,600,000
28. Contribution to Construction of New Airport Terminal $5,000,000
29. Mainframe Computer Disaster Recovery Project $280,000
30. Expand Code Enforcement Program $1,000,000
31. Cost of Non-Health/Non-Public Safety Related Priority Level 1 Major Maint. Projects $500,000
32. Cost of Public Safety Related Priority Level I Major Maintenance Projects $550,000
33. Contribution to Road Fund for Repair/Reconstruction of Deteriorating Roads $200,000,000 _
34. FY 2000-01 Net Operating Cost of Fire Department's Helicopter Program $371,000
35. FY 2000-01 Operating Cost of ShefiWs Safe Schools Program $800,000
36. Expand Accessibility of County Services via Internet $800,000
37. FY 2000-01 Impact of Increased Sheriff's Deputies per Population Ratio $800,000
38. FY 2000-01 Estimated MOU Impacts (KCFFU, KLEA, CCAPE) $7,350,000
39. Juvenile Rehabilitation Facility Grant Match Requirement $3,000,000
40. Phase III of Replacement Countywide Communications System Project - Backbone
Radio System Component $6,000,000
41. Phase III of Replacement Countywide Communications System Project - Mobile and
Hand-held Radios $3,500,000
42. Implementation of Countywide Geographic Information System $450,000
43. Increase in Tax Liability Reserve for Pending Assessment Appeals Cases $4,000,000
44. Increase in Economic Stability Reserve $4,000,000
.45. Development of Specific Plans for Selected Outlying Areas and Kern River Parkway $810,000
Sub-Total of New Non-Health Related Expenditure Options: $242,811,000
GRAND TOTAL - ALL OPTIONS FOR ALLOCATION OF TOBACCO FUNDS $327,385,000
EXHIBIT C
· .~ ~ EXHIBIT C
BAKERSFIELD
Alan landy * City Manager
February 29, 2000
Mr. Scott E. Jones
County Administrative Officer
County of Kern
1115 Truxtun Avenue, Fifth F!oor
Bakersfield, CA 93301-4639
Dear Mr. Jones:
As the County begins the discussion of the fiscal year 2000-01 budget, the City of Bakersfield
would request that County residents within the incorporated City of Bakersfield be considered and
included in those deliberations.
Budgetary decisions by the made by the County affect our residents, both directly and indirectly.
There are a number of unincorporated areas adjacent to the City where deferred maintenance
and/or substandard conditions exist which directly impact City residents. In the spirit of
intergovernmental cooperation and in recognition of the fact that 35% of County residents hve
within the City of Bakersfield, we encourage you to address those deficiencies which currently exist.
In addition, there are cooperative efforts between the City and County, where equipment
compatibility or the technology used should be improved. I have attached a list which provides a
few examples of these, and I am available to discuss these and others in more detail with you.
I understand that you are recommending to the Board to utilize the Tobacco Litigation Settlement
Funds to address the backlog of capital, major maintenance, and replacement equipment needs.
We would request that serious considerabon be given to fund Items on the attaciled list which meet
this criteria during your Dudget deliberations.
Thank you for your consideration in this matter.
Sincerely,
City Manager /
AT:rs
City ef BakerSfield · City Manager's Office · 1501 Truxtun Avenue
Bakersfield · California · 93301
(661) 326-3751 · Fax (661) 852-2050
BAKERSFIELD
CITY MANAGER'S OFFICE
MEMORANDUM
February 22, 2000
TO: Alan Tandy, City Manager
FROM: John W. Stinson~,~As~stant City Manager
SUBJECT: County Tobacco Settlement Expenditure Options
As the result of input received from various city department heads, the following items are City-
County issues where the County could use funds from Tobacco Settlement monies to positively
address these joint intergovernmental concerns:
Public Safety_:
Police
· Funding for a joint City/County law enforcement academy to be constructed at a site
separate from either agency, to serve all law enforcement agencies in Kern County.
· Upgrade radio system to make city and county radio systems compatible.
Fire
· Funding for mobile data terminals/automated vehicle locators (MDT's/AVL's) for '
City/County fire vehicles
· Installation of vehicle preemption devices on traffic signals to improve fire vehicle
response to emergencies.
Public Works:
Transportation
· Completion of substandard road segments adjacent to city areas or completion ofroad
segments which are not fully developed (i.e. one side of road is developed to city
standards with adequate lane width, curb and gutters and other side is not). (examples:
McKee Rd. at Stine Rd., College Avenue east of Faiffax, Coffee Road north of Norris
Road, Hughes Lane north of Ming Avenue, Stine Road at Park Circle to Stockdale, etc.).
S ~JOITN~TPRO~hTo~acCo Expenditure Optm~s ~
· Funding of highway construction to improve traffic circulation patterns in metropolitan
Bakersfield. (examples: Hageman flyover, Kern River Freeway, eaSt-west transportation
improvement projects, etc.).
· Acquisition of right of way for future construction of major freeways and highways in
metropolitan Bakersfield (examples: South Beltway, Hageman flyover, West Beltway,
Rosedale widening, etc.).
· Improvements to substandard intersections and traffic control devices where City/County
· boundaries meet (examples: Casa Loma at Madison St., Alfred Harrell Hwy and Lake
Ming Rd, Allen Rd. and Brimhall Rd., McDonald Way and Stockdale Hwy, Belle
Terrace and P St., etc.).
· General road maintenance within metropolitan Bakersfield area.
· Landscaping of entrance/access points to metropolitan Bakersfield area (Highway 99 and
Highway 58, major arterial streets, etc.).
Solid Waste
· Increase County contribution to City green waste diversion facility costs. -
· Construction of landfill cap for Panorama landfill.
General:
Parks and Recreation Facilities ~.
· Improvements to Kern River Parkway including trails, bike path, parks and rest areas.
· Upgrade Panorama Park landscaping.
· A regional soccer/baseball facility in western Bakersfield to replace existing fields at Cai
State Bakersfield.
Professional Baseball Stadium
· Construction of a new professional baseball stadium.
Downtown Parking
· Provide additional public parking to serve County government buildings as well as
Centennial Garden/Convention Center. Enhance lighting, landscaping and public access
to county parking facilities.
$ xJOH~TPROJ~Tob~:e~ Expend&~we Opmms
EXHIBIT D
EXHIBIT D
KERN COUNTY TOBACCO SETTLEt4ENT COALITION
May 19,'2000
Kern County Board of Supervisors
1115 Truxtun Avenue
Bakersfield, CA 93301
SUBJECT: TOBACCO LITIGATION SETTLEMENT FUNDS
Dear Kern County Board of Supervisors:
We, the undersigned organizations and associations in Kern County, strongly urge you to take
advantage of the unprecedented opportunity afforded by the recent tobacco litigation settlement to
positively impact the health of our county and its local communities.
OVERVIEW
The substantial funds generated by the tobacco litigation settlement (as much as $205,500,000 will be
allocated to Kern County by 2025) give Kern County a once-in-a-lifetime opportunity to build upon
local assets and make tremendous strides toward improving our county's health. A review of
demographic and health indicator data for Kern County clearly demonstrates many needs. Consider
the following statistics:
3, Kern County. ranks 47 out of 58 counties for the percentage of children living in poverty. (Source:
1990 Census.) '
3, Of the eleven largest California counties with county hospitals, Kern County spends the least per
capita from its general fund for health care. (Source: Santa Clara Valley Medical Center, Budget
Report, 1999/2000.)
3, Only 69.4 percent of KeTM Count3,'s children ages 0 to 2 are fully immunized. Although this is
slightly better than the state average, it still means that over thirty percent of Kern County's
youngest lack proper protection against preventable disease. (Source: California Department of
Health Services, November 1999.)
Kern County Board of Supervisors
May 19, 2000
Page 2
Kern County ranks 50 out of 58 counties in Denti-Cal dollars spent on dental care for children
under age 18. (Source: Delta Dental)
Kern County's health indicators annually rank near the bottom of all California Counties. (Source:
County Health Status Profiles, California Deparunent of Health Services, 1999.) For example:
· Births to mothers ages 15to 19 - Kem County ranks 56 out of 58 counties
· Infant mortality for all populations - Kern County ranks 56 out of 58 counties
· Mothers receiving late or no prenatal care - Kern County ranks 50 out of 58 counties
· Low birth weight babies - Kern County ranks 49 out of 58 counties
· Deaths due to coronary heart disease - Kern County ranks 56 out of 58 counties
· Deaths due to drug-related activity - Kern County ranks 54 out of 58 counties
RECOMMENDATIONS
Given these community health needs, we are making the following recommendations regarding Kern
County's tobacco settlement funding. Specifically, we recommend that ·
1. The Board establish a special trust fund where as much as 50 percent of tobacco settlement funding
would be placed. Such a fund would preserve the tobacco settlement funding for the benefit of
Kern County's furore generations.
2. Interest income from the trust fund be used to fund health prevention, education, and treatment
programs targeted at improving Kern County's health stares.
3. The Board establish a community-based advisory committee to create and implement a work plan
regarding expenditure of the interest income.
Nationally, 41 of the 46 states party to the lawsuit against the tobacco industry have committed some
or all of their tobacco settlement funding to health. Similarly, in California, a number of counties have
made the same decision, including Alameda, Los' Angeles, Matin, San Diego, San Francisco, Santa
Barbara, and Santa Clara.
We realize that the Board of Supervisors must consider many competing interests and needs as it
decides how to spend the tobacco settlement dollars, and we appreciate the associated challenges as
well as oppommities. We believe that the Board's ultimate decision should reflect the intent of the
lawsuit through which the funds were generated, that being to reduce tobacco use and recover the costs
of treating tobacco related illnesses.
Thank you for your support.
Sincerely,
Vickie Utt Margo. Arnold
Executive Director Administrator
Kern County Dental Society, Bakersfield Mercy Westside Hospital, Taft
Dawn Bear C. Larry Car~
Tobacco Field Specialist President
American Cancer Society, Bakersfield Bakersfield Memorial Hospital
Richard Fallon Robyn Field, Ph.D.
Executive Director Chief Operating Officer
American Lung Association, Bakersfield HEALTHSOUTH Bakersfield
Rehabilitation HosPital
Melissa Garrison, M.B.A. Bernard J. Herman
Pro,am Manager Chief Executive Officer
Central Valley Regional Tobacco CHW Central California, Bakersfield
Prevention Team, Fresno
Raymond T. Hino Nicholas Damian
Chief Executive Officer / Administrator Associate Administrator
Tehachapi Valley Healthcare District Good Samaritan Hospital, Bakersfield
Dougla~ L. Laffemy
2 e°r~rnaS AD~'lman' s~ at o Chief Executive Officer
Kern Valley Hospital District, Lake Isabella Adventist Health/San Joaquin Community.
Hospital, Bakersfield
Sandi Palumbo Bruce G. Peters
Executive Director President
Kern County Medical Society, Bakersfield Bakersfield Heart Hospital
Quinn Arturo Rodriguez
Executive Director President
California Health Collaborative, Fresno United Farm Workers' of America,
AFL-CIO
Stephen W. Schilling Gerald A. Start
Executive Director Executive Director
Clinica Sierra Vista, Lamont Delano Regional Medical Center
Mary C. Wallace Bill Wigley
Executive Director Executive Director
San Joaquin Valley Health American Heart Association, Bakersfield
Consortium, Fresno ~
Tim Curley Gerald P. Tadej, D.D.S.
Regional Vice President President
Hospital Council of Northern Kern County Dental Society, Bakersfield
and Central California
Robert E. Reed, D.D.S. Elsa P. Ang, M.D.
Chairman, Community Awareness Committee President
Kern County Dental Society, Bakersfield Kern County Medical Society, Bakersfield
g~,es, M.D.
Chairman
Kern County. Tobacco Free Coalition, Bakersfield
EXHIBIT E
EXHIBIT E
KERN ADMINISTRATION
MEDIOAL
OFNTER MEMORANDUM
TO: SCott Jones DATE: May 19, 2000
County Administrative Office .~,.,
.......
FROM: Peter K. Bryan [ ~ ! 5:~-L PIIONE: 326-2102
Chief Executive Officer 'J
SUBJECT: Request for Tobacco Settlement Funds
The purpose of this memo is to request the Board of Supervisors allocate tobacco settlement funds
to Kern Medical Center (KMC) in the 2000/2001 fiscal year. KMC has significant unmet need in
the areas of facilities and equipment/systems, and in funding the steadily increasing cOst associated
with providing medical care to the uninsured residents of the County. Additionally, for the next two
years, KMC will be coping with a decrease in federal funding (SB 855/SB 1255) that is related to
the expense reduction efforts that took place in FY97 and FY98.
Indicated below is a summary of the funding needs of KMC.
I. Cost of Uninsured - Request $14 Million
Uninsured is defined as services provide to patients who do not have any kind of health
coverage wether it is Medicare, Medi-Cal, Medi-Cal Managed Care or Private Insurance.
KMC has experienced a significant increase in the cost of providing care to that portion of
County residents who are uninsured.
In fiscal year 2000, the cost of care for the uninsured increased 21.1%, from $37.3 million
to $45.1 million. In fiscal 1998/1999, the cost of care for the uninsured represented 27.16%~
of the operational budget; in fiscal 1999/2000, 30.87% of budget; and in fiscal 2000/2001,
34.94% of budget.
The combined effects of the Balanced Budget Act of 1997, KMC's cost reduction efforts in
1997/1998, OBRA cap problems, and a shift in payor mix from MediCa 1 to uninsured, will'
result in KMC receiving $6.3 million less in funding next fiscal year.
H. Facilities and Equipment/Systems Needs - Request $12.3 Million - See Exhibit "A" for
a description of each of requested item.
~ '~ A. Equipment/systems
Physician Practice Management System $ 3,100,000
X-Ray Archive System (PACS) 3,000,000
Design/Construct KMC Administration Building 4,000,000
Replace Angiogram System 1,114,000
Relocate Main Entrance to Mt. Vernon 1,100,000
Total $12,314,000
B. Comments. The Physician Practice Management System and the X-Ray Archive
~ System are designed to support safety net initiatives within the County. Both items
have associated cost savings, and when implemented, will' provide a more
coordinated patient registration and service level to the patient population. The X-
Ray Archive System is of particular interest because it can serve the small rural
community hospitals that do not have 24 hour coverage by a radiologist in addition
to reducing KMC's costs.
Summary_:
The above request will accomplish the following objectives: (1) provide KMC with relief from the
increasing cost of providing medical care to the uninsured population of the County; (2) allow
KMC to implement systems (Physician Practice Management System) that will increase efficiency
of operations as well as provide the ability to electronically network with the other safety net
providers; (3) provide the capability to electronically transmit radiology information that will result
in improved levels of care both at KMC and rural hospitals; and, (4) provide for a much needed
facility to centrally locate the non-clinical functions of the Medical Center and create an identifiable
front entrance to the main hospital.
If more detail is needed for any of the requests shown above please let me know. Also, some of the
equipment/system expenditures (cash flow) will be spread over several fiscal years. If you need a
breakdown of that let me know.
PKB:TW:aow
Description of Requested Facilities and Equipment/Systems
Physician Practice Management System ($3.100.000): This is the implementation of a single
integrated practice management system that will link to existing hospital systems and provides the
capability of linking to the systems used by the other safety net providers in the county. The system
will provide the ability to: a) share patient registration information (patient name, demographics,
insurance, and other information); b) provide links to KMC ancillary systems (laboratory, radiology,
pharmacy, etc) for orders and results; c) share information on patient visits, diagnoses, treatments,
and other data; and d) share information on patient billings, managed care information and
collections.
X-Ray Archive System (PACS) ($3,000,000): This is a system that digitizes x-ray film and
eliminates the use of film processors and chemicals in the development of the film. The use of a
digitized system provides the ability to read and diagnose electronically communicated images from
any location, as well as provide for a more efficient storage of information. The system has the
capability of networking with the other safety net providers to either obtain x-rays taken by another
provider or to make the radiology system at KMC available to the safety net providers.
Design/Construct KMC Administration Building ($4,000,000): This project will house the non-
clinical functions of the hospital. Currently these function are scattered throughout the KMC
complex in numerous trailers (accounting, patient billing), basements (information systems), or they
are located off-site (human resources). The construction of a single facility will improve
efficiencies by co-locating similar functions in the same building. It will eliminate lost time due
to traveling from off-site leased facilities to the main campus, and it will relocate the information
systems operations to an environment that is designed appropriately and not a potential disaster in
the event of a broken water line, etc.
Replace Angiogram System ($1,114,000): This request is to replace a piece of medical equipment
that is ten years old, is technically obsolete and limited from a functional standpoint. The proposed
system will not only increase the effectiveness of medical care, but will be compatible with the x-ray
archive system described above.
Relocate Main Entrance (Mt. Vernon) ($1,100,000): This project clearly defines the main entrance
to the hospital. It will direct all incoming clients to the main entrance to the facility ("D" Wing
Lobby), provide for easier and a more defined access to the Emergency Department, and enhance
the overall image of the Medical Center.
EXHIBIT F
EXHIBIT F
Estimated Tobacco Settlement Payments to Kern County
Fisc~ Year Est. Payments Fisc~ Year Est. Payments
2000-01 $6,350,000 2015-16 $8,473,116
2001-02 $8,450,338 2016-17 $8,567,508
2002-03 $8,579,229 2017-18 $9,705,043
2003-04 $7,524.248 2018-19 $9,811,874
2004-05 $7,605,254 2019-20 $9,919,931
2005-06 $7,658,944 2020-21 $10,016,329
2006-07 $7,702,085 2021-22 $10,154,455
2007-08 $7,907,845 2022-23 $10,275,272
2008-09 $7,971,261 2023-24 $10,382,207
2009-10 $8,603,741 2024-25 $10,498,288
2010-11 $8,143,333 2025-26 $10,668,663
2011-12 $8,215,211 2026-27 $10,851,327
2012-13 $8,275,639 2027-28 $10,969,500
2013-14 $8,328,920 2028-29 $11,083,732
2014-15 $8,370,244 2029-30 $11,194,512
Tot~ Est. Payments $271,718,049
i, ~.AY 2 5 2000
B A K E R S F I E L Bi,,
PUBLIC WORKS DEPARTMENT
MEMORANDUM
DATE: May 24, 2000
TO: Alan Tandy, Ci~ Manager
FROM: Raui Rojas, Public Wor~ Director
SUB.CT: Amtrak Station and Q Street Grade Separation
In your Friday, May 26, 2000, memo to the City Council, please inform them that they Mll soon
receive in the mail invitations to the Oand Ope~ng Ceremony for the ~trak Station. T~s
ceremony will take place on Tuesday, July 4, starting at 10:00 am.
~so, please let them know that we Mil conduct a ribbon-cutting ceremony for the Q Street
Underpass project on Friday, June 30, 2000 at 9:00 am.
S 5PRO J ECTS~ARNOLD'~FRAK. STA\Tandy 05_22_00.wpd
Kern County Waste Management Dept.
Tel: (661) 862-8932
Fax: (661) 862-8901
ITo: Alan Tandy IFrom: Rhonda Cobble
'lFax #: 324-1850 IFax #: (661) 862-8901
ICompany: ~¢y ;f Bakersfield I~e~.' ("'~i ~
Subject:
Sent: 05/22/2000 at 5:16:04 PM I Pages: 24 (including cover)
MESSAGE:
Attached is the Universal Collection report being presented by the Waste Managment Dept. to the
Board of Supervisors on. May 23rd for the purpose of the setting the public hearing, which will be held
July 25, 2000.
If you have any questions regarding the .attached documents, please contact our office at 862-8900.
WinFax PRO Cover Page
F~om: Rhonda Cobble (661) 882-8901 To: Alan Tandy Date: 05/2~12000 Time: 5:16:10 PM Page 2 of 24
May 23, 2000
Board of Supervisors
Kern CounD' Administrative Center
1115 Tmxtun Average
Bakersfield, California 93301
Dear Members of the Board of Supervisors:
RE: Proposed Resolution to set Public Hearing to consider the Universal Collection
report, billing residential collection service charges on the Property Tax bffi, and
establishing reduced Automated Collection Rates 'for Universal Collection area
(All S.D.'s)
Pursuant to the provisions of Kern .Coun~ Ordinance Code Section 5.36.090(f), your Board is
empowered to review, amend, or modify the terms and conditions of the non-exclusive garbage
setwice franchises. Your Board has previously adopted annual resolutions establishing refuse disposal
rates for. Kern County's franchised refuse haulers. Your Board's recent joint meeting with the
Bakersfield City Council, a recent Grand Jury report, and increased communi .ty concern about illegal
garbage dumping prompts the Waste Management Department to propose that universal collection
be implemented in the highly populated, unincorporated areas of metropolitan Bakersfield; and that
your Board reduce automated cart collection rates in the program area~ to reflect savings to the refuse
haulers as a result of universal collection.
The recommendations discussed in the report titled "Universal Collection" include:
1. Implementation of universal garbage collection beginning January 1, 2001, in
a Program Area including the highly populated, unincorporated areas within
the Ci.ly of Bakersfield's sphere of influence and the Oildale area;
2. Require all residential and non-residential properties in the Program Area,
excluding vacant land and uninhabitable property, to obtain garbage collection
service from a franchise garbage hauler;
3. Phased implementation to begin January. 1, 2001, with fifil implementatiOn .by
December 31,2001;
4. Reduce residential and'non-residential automated cart rates for garbage
collection in the Program Area, effective January 1,2001;
5. Require universal collection as a condition of approval by the Planning
Depa~aaent of the Resource Management Agency for any new development in
close proximity to the designated universal collection area wiflfin the Oildale
area or City o1' Bakersfield's sphere o[ influence, as amended ti-om time to
time;
6. Provide for adoption of areas for universal collection by resolution; and
F~,rom: Rhonda Cobble (661) 862-8901 To: Alan Tandy Date: 05~22~2000 Time: 5:16:10 PM Page 3 of 24
Board of Supervisors Page 2 May 23, 2000
7. Charges for basic residential garbage collection self'ice for 1 to 4 unit
residential properties, plus County administrative costs of $0.40 per year, to be
included on the property tax rolls, collected by the CounW, and the charges for
collection service be paid to the franchise hauler providing service to the
properties for which the charges were collected.
Therefore, IT IS RECOMMENDED that your Board: 1) receive and file the Universal Collection
report; 2) adopt the Resolution setting the public hearing for Tuesday, July 25, 2000, at 2:00 p.m. to
consider the proposed recommendations-and rates contained in the Universal Collection report, and
inclusion of residential garbage collection charges on the property, tax rolls; 3) direct Waste
Management to identify all parcels upon which the charge is proposed; 4) direct Count3' Counsel to
prepare, and Clerk of the Board to publish, the Notice of Hearing for new garbage rates, 5) direct
County Counsel to prepare,' and 'Clerk of the Board to mail, the Notice of Protest Hearing to the record
owners of all identified parcels upon which the charge is proposed; and 6) direct County Counsel to
prepare an Ordinance for universal collection and inclusion of basic residential garbage collection
charges on the property tax rolls.
Sincerely,
Daplme H. Washington
Director
Attachments: Report. Resolution, lqotices of Hearing
cc: County Administrative Office
Enviromnental Health Services
Solid Waste Management Advisory Committee
Lrnn7 Moxley, 6208 Timbcrcreek Drive, Bakersfield CA 93308
Each Zone 2 Garbage Franchisee
From: Rhonda Cobble (661) 862-8g01 To: Alan Tandy Dale: 05/2212000 Time: 5:16:10 PM Page 4 of 24
BEFORE THE BOARD OF SUPERVISORS
COUNTY OF KERN, STATE OF CALIFORNIA
Resolution ]No.
In the matter of: Reference No.
SETTING TIME AND PLACE FOR HEARING TO
CONSIDER ADOPTION OF UNIVERSAL
GARBAGE COLLECTION; ADOPTION OF
REDUCED AUTOMATED REFUSE SERXqCE
RATES; PLACE BASIC RESIDENTIAL
COLLECTION CHARGES ON THE TAX'ROLLS
I, DENISE PENN'ELL, Clerk of the Board of Supervisors of the County of Kem, State of California, hereby certifiy
that the following Resolution, on motion of Supervisor , seconded by Supervisor ,
was duly and re~.darly adopted by the Board of Supervisors at an official meeting thereof on the 23rd day of May, 2000,
by the following vote and that a copy of the Resolution has been delivered to the Chairman of the Board of Supenrisors.
AYES:
NOES:
ABSENT:
DENISE PENNELL
Clerk of the Board of Supervisors
County of Kern, State of California
Deputy Clerk
RESOLUTION
Section 1. WHEREAS:
(a) Pursuant to provisions of Kern County Ordinance Code Section 5.36.090(f), this
Board is empowered to review, amend or modify the terms and conditions of the nonexclusive garbage
service franchises granted by the County of Kern; and
b) In accordance with the order of this Board on June 1, 1993, the Waste
Management Department is to set a certain time each year to review the rates, charges and other matters
pertaining to the conduct of all garbage t~anchises and present the same to this Board; and
c) At this time, special circumstances exist that prompt consideration of a mid-year
adjustment to refuse service rates and adoption of universal garbage collection in areas of Zone 2; and
d) The Waste Management Department has submitted the report entitled "Universal
Collection" by filing a copy with the Clerk of this Board and has recommended the Board schedule
consideration of this matter at its regular meeting to be held July 25, 2000 at the hour of 2:00 p.m.; and
From: Rhonda Cobble (661) 862-8901 To: Alan Tandy Date: 05122i2000 Time: 5:16:10 PM Page 5 of 24
e) In its LTniversal Collection report, the Waste Management Department made
certain recommendations regarding reduction of automated garbage collection rates and adoption of universal
collection. The issues and recommendations include:
1. Implementation of universal garbage collection beginning January 1,2001,
in a Program Area including the highly populated, unincorporated areas within the City of Bakers field's
sphere of influence and the Oildale area;
2. Require all residential and non-residential .properties in the Program Area,
'excluding vacant land and uninhabitable property, to obtain garbage collection service from a franchise
garbage hauler;
3.' Phased implementation to begin Januar3' 1, 2003, xvith full implementation
by December 31, 2001;
4. Reduce residential and non-residential automated cart rates for garbage
collection' in the Program Area;
5. Reduced automated cart rates to be effective January 1, 2001;
6. Require universal collection as a condition of approval by the Planning
Department of the Resource Management Agency for an3' new development in close proximity to the
designated universal collection area within the Oildale area or City of Bakersfield's sphere of influence, as
amended from time to time;
7. Provide for adoption of areas for universal collection by resolution; and
8. Charges for basic residential garbage collection service for 1 to 4 unit
residential properties, plus County administrative costs of $0.40 per year, to be included on the property tax
rolls, collected by the County, and the charges tbr collection service be paid to the franchise hauler providing
service to the properties for which the charges were collected; and
(f) Said report has been prepared in accordance with the provisions of Health and
Safety Code Section 5473 and contains a description of each parcel of real property to receive universal
collection services and the amount of the charge for each parcel; and
(g) Section 66018 of the Government Code of the State of California requires that,
prior to adopting aresolution adopting ne~v fees or approving an increase in existing fees, a local agency shall
hold a public hearing as part of a regularly scheduled meeting, at which oral or xxxitten presentations may be
made in support of or opposition to the proposed fees; and
(h) Section 6 of Article XIIID of the California Constitution requires that, prior to
adopting a resolution or ordinance placing new or increased fees or charges on the property tax rolls, a local
agency identify all parcels upon which the fee or charge is proposed and conduct a public hearing not less
than 45 days after mailing notice, setting forth the reason for the fee or charge, the basis upon which the
amount of the fee or charge was calculated, the amount of the fee or charge, and the date, time and location
of a public hearing on the proposed fee or charge, to the record owners of all identified parcels; and
(i) This Board desires to set a time and place for the public hearing to consider
whether to adopt universal collection as recommended by the Department, adopt reduced automated service
rates, and place the basic residential collection charge tbr universal collection on the tax roll.
Section 2. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors, County of
Kerm State of California, hereby finds, determines, declares, orders, and resolves as follows: 1. The above recited facts are true and correct.
2. At the hour of 2:00 p.m., July 25, 2000, in the chambers of the Board of
Supervisors, 1115 Truxtun Avenue, Bakersfield, California, the Board of Supervisors of the County of Kern
From: Rhonda Cobble (661) 862-8901 To: Alan Tandy Date: 0512212000 Time: 5:16:10 PM Page 6 of 24
shall hold a public hearing at ~vhich it shall meet and consider whether to take action in regard to the
recommendations submitted by the Waste Management Department in its Universal Collection report.
3. Ali interested persons are invited to attend the meeting of the Board of
Supervisors at which this matter will be considered and make their views known.
4. A copy of the report prepared by the Waste Management Department shall be
on file at the Office of the Clerkof the Board of Supervisors, Kern County Administrative Center, 1115
Truxtun Avenue, 5th Floor, Bakersfield, California and shall be available for inspection by interested persons
during normal business hours. Any person desiring additional information regarding Waste Management
Department's report or its recommendations may obtain same by contacting the Waste Management
Department located at 2700 "'M" Street, Suite 500, Bakersfield, California 93301; (661) 862-8900.
5. County Counsel is authorized to prepare a Notice of Public Hearing regarding
the hearing on adopting new automated refuse service rates described herein and the Clerk of this Board shall
cause this Notice of Public Hearing to be published as tbllows: (a) by publication for ten (10) days in the
Bakersfield Californian, a newspaper published once a week or oftener in the County of Kern, beginning at
least ten .(10) days prior to the date set for the public meeting. Two publications, with at least five days
intervening between the dates of first and last publication not counting such publication dates, are sufficient;
6. County Counsel is authorized to prepare a Notice of Public Hearing regarding
placing charges for basic residential garbage collection, plus County. administrative costs, on the property
tax rolls at described hearing and the Clerk of this Board shall cause this Notice to be mailed to the record
owners of all parcels identified as being subject to the charge.
7. The Clerk of this Board shall also cause a copy of this Resolution and said Notice
to be sent to the following:
County Counsel
Director, Waste Management Department
Director, Environmental Health Services
Kern Refuse Association
Each Zone 2 Garbage Franchisee
~rom: Rhonda Cobble (661) 862-8901 To: Alan Tandy Date: 05/22/2000 Time: 5:16:10 PM Page 7 of 24
UNIVERSAL COLLECTION
WASTE MANAGEMENT DEPARTMENT
DAPHNE H. WASHINGTON, DIRECTOR
May 2000
~rom: Rhonda Cobble (661) 862-8901 To: Nan Tandy Date: 05/2212000 Time: 5:16:10 PM Page 8 of 24
INTRODUCTION
In a joint session with the Bakersfield City Council on September 13, 1999, your Board discussed
the adoption of universal collection of garbage in the unincorporated areas of metropolitan
Bakersfield. This 'issue was reviewed further in a second joint session held March 20, 2000. The
problem of illegal dumping of garbage and the associated community health and safety concerns were
noted by both members of your Board and the City Council. Several members of your Board
commented that it would be appropriate to revisit the question of universal collection at this time.
Subsequent to the joint meetings with the City. of Bakersfield, a Grand Jury report highlighted the
problem of illegal dumping in areas of Kern County,. On April 25, 2000, the Department presented
a report reeorrnnending universal collection in South Taft. The Department feels that universal
collection is .an important step in reducing illegal dumping. Therefore, the Department recommends
that a universal collection program be implemented in the highly populated, unincorporated areas of
metropolitan Bakersfield.
UNIVEI~$AL COLLECTION Pt~OGI~AM
AREA INCLUDED IN THE PROGRAM
The establishment of a universal collection program and what areas of Kern County might be included
in the program have been considered by your Board several times in the last seven years. Your Board
has consistently concluded that a universal collection program would be more effective in high
population density urban and suburban areas. At the joint session held with the Bakersfield City
Council on September 13, 1999, members of your Board and the City Council expressed an interest
in considering:universal collection in the metropolitan Bakersfield area only.
The Waste Management Department is recommending the unincorporated area within the City of
Bakersfield's sphere of inlluence, except tbr those areas in the sphere of inlluence that are initially
excluded because of low population density, and the Oildale area be designated as the areas for
universal collection (-Program Area). The sphere of influence and the Program Area are sho,~m on
the map, titled "Metropolitan Bakersfield Proposed Universal Collection Area", attached to this report
as Exhibit A.
INCLUDE BOTH RESIDENTIAL AND NON,RESIDENTIAL PROPERTIES
Although investigations of illegal dump sites indicate that most illegal dumping is generated ii-om
residential properties, illegally dumped waste is not an exclusively residential problem. Therefore,
the Department recommends that owners of both residential and non-residential properties within the
Program Area, excluding vacant parcels, be required to obtain solid waste disposal service from a
franchise garbage hauler.
FUTURE ADDITIONS TO AREAS IN THE PROGRAM
Universal Collection Page I
From: Rhonda Cobble (661) 862-8901 To: Alan Tandy Date: 05/2212000 Time: 5:16:10 PM Page g of 24
It is recommended that your Board direct the Planning Department of the Resource Management
Agency to adopt a policy that would require universal collection as a condition of approval for new
development in close proximity to designated universal collection areas within the Oildale area or
City of Bakersfield's sphere of influence, as amended from time to time.
Adoption of designated areas by Board resolution, rather than including legal descriptions in the
ordinance, will make it more convenient for your Board to amend the boundaries or add new areas
at a later date. Theretbre,~ it is also recommended that your Board adopt universal collection areas
by resolution.
TIMING OF IMPLEMENTATION
Implementing a universal collection program will require acquisition of additional equipment by
garbage haulers in the affected areas. As previously directed by your Board, the Waste Management
Department and County Counsel developed a garbage collection agreement to be used in conjunction
with the current franchise hauling system, and are working with the Zone 2 haulers on the continuing
implementation of automated collection and separate greenwaste collection services. Typically,
manufacture and delivery of an order for several new automated garbage trucks cannot be made all
at one time. It can take ten months or more to arrange for manufacture and delivery of one truck.
Delivery of several trucks will normally be spread over a period of months.
Therefore, the Waste Management Department recommends that a phased implementation schedule
for universal collection be developed ~vith the garbage haulers to allow the haulers time to obtain
additional equipment and permit coordination of the automated collection, separate green waste
collection and universal collection programs. It is recommended that the schedule provide fbr
implementation of the universal collection program beginning January, 1, 2001, with implementation
by specified dates for designated areas within the City of Bakersfield's sphere of influence, and that
a completion date of December 31,2001, be set for implementation of the program within the entire
Program Area.
RATES
As a result of implementing universal collection, the haulers would need to acquire additional
automated equipment. Although the rates for automated service and separate greenwaste collection
adopted at the April 4, 2000 public h~aring were for three years, with the implementation of universal
collection,, the haulers should realize immediate increases in revenue and net profits through
efficiencies and economies of scale as additional residential cUstomers are added to existing routes.
There is little change expected in the number of commercial customers, since almost ali commercial
properties currently receive waste collection service.
The Department has negotiated a reduction in the automated cart rates from $11.95 per month to a
recoamnended rate of $11.80 per month per single thmily residential dwelling unit or commercial cart
Universal Collection Page 2
From: Rhonda Cobbie (661) 862-8901 To: Alan lanay uate: u3lzz/zuuu ume: o: m: ~u mw ~'ag~ ~u o] z'*
customer. The rates for mobile home park collection would be reduced from $9.50 to $9.45 for 101
gallon carts and from $8.50 to $8.45 for 64 gallon carts. These rates reflect the savings the refuse
haulers will experience as a result of implementing universal collection. The reduced residential rates
would remain constant for three years, until July 1, 2003. The recommended automated cart rates
are set forth in Exhibit B. The current automated cart rates are set forth in Exhibit C. A County
administrative tee of $0.40 per year would be added (see page 5).
Sen/or Discount. County Counsel has advised that Proposition 218 prohibits the County
from giving a preferential discount rate to some taxpayers for the same service provided to
other taxpayers with no discount,' if the charges are collected using the property tax rolls.
Unless a reduced level of serv'ice is given to those receiving the discount, the rate charged
must be the same for all taxpayers. Since the cost Of collection and cost of carts is the same
for 10t gallon automated carts and 64 ~gallon carts, simply reducing the size of the cart
provided seniors would probably not constitute a reduction in the level of setw'ice provided.
During the Department's negotiations with the refuse haulers, it was determined
that offering a 50% discount in collection rates to seniors ~vould require increasing the rate
for non-seniors to $12.30 per month. The benefits of the economies of scale from universal
collection would be more than off'set by the discount and the additional costs for administering
the program. This rate increase was calculated using 7% of the customers as discount
recipients. This estimate is based on the percentage of recipients experienced by the City of
Bakersfield under its senior rebate program.
Since the number of people receiving the discount would change from year to year,
due to relocation, death and aging, it ~vould be necessary to have seniors apply for the
discount annually. The garbage Collection rate would need to be reviewed and approved
annually to reflect the changes in the number of discount recipients. Additional County
personnel ;vould be necessary to process the applications and handle the subsequent rebate of
50% of the collection charge.
The Department does not recoxranend a senior discount because it would require
both a reduced level of service to seniors and an increased cost of service to non-seniors to
subsidize the discount.
Increased Service for 3 and 4 Unit Residential Dwellings. An increase in the number of
greenwaste carts, from one to two, for 3 and 4 unit residential dwellings, and an increase in
the number of tan garbage carts, from three to four, for 4 unit residential dwellings, was also
negotiated as part of the proposed universal collection setMce.
Universal Collection Page 3
[rom: Rhonda Cobble (661) 862-8901 To: Alan Tandy Date: 0512212000 'l'qme: 5:16:10 PM Page 11 of 24
Rates effective ]anuary It 2001. Implementation of universal collection is scheduled to
begin in January. 1,2001. Therefore, the Department recommends that the reduced rates for
automated cart service be effective .January 1,2001.
BILLING PROCEDURE
There are several options for billing procedures for garbage collection service. The haulers can
continue handling the billing; the County could handle the billing by sending periodic statements; the
charge for garbage collection could be included in property tax bills; or a combination of these
methods could be adopted.
County Bills. There are some inherent problems with having the Courity handling the billing,,
whether it is done by periodic statements or inclusion on the property tax bill. When a
property oxvner or occupant .changes the level of service, such as leaving additional containers
of waste for collection or permanently adding to or reducing the number of containers being
used, the charge for collection services would need to be adjusted. The County would not
be irmnediately aware of these changes. The hauler would have.to continually provide the
County with customer' service information. The County would incur additional expenses
because it would have to develop procedures and assign staff to update the service level
information supplied by the haulers, and hire additional staff to handle the billing and data
maintenance. The County would also have the risk ofnon-pa.~ment by some residents.
Although putting the charges on the property tax bill would eliminate most. of the non-
payment risks, a separate problem arises when using the property, tax billing method. Property
tax bills do not tend themselves to periodic service level changes throughout the year.
Additional collections or changes in service levels and the resulting changes in service charges
would be difficult to handle through the property tax mechanism. The earliest that revenue
could be realized ti-om charges added to the property tax bills would be December 2000. This
revenue flow would begin just prior to implementation of the program if implementation is
begun January 1, 2001.
Oulside Agency or Ulility Bills. The same problems with adjustments in service levels and
charges exist if the County retains an outside agency or utility to handle the billing. The
Waste Management Department statFs investigation of this option determined that the cost
of billing by a utility would be $0.72 per month per property for customers of the utility and
$1.12 per month per property, for non-customers of the utility. The County would still retain
the risk of non-payment by some customers and incur additional costs for collection. The
administrative cost of the County billing on the tax rolls would be $0.40 per. property,
annually rather than monthly.
Universal Collection Page 4
~From: Rhonda Cobble (661) 862-8901 To: Alan Tandy Date: 05122/2000 Time: 5:16:10 PM Page 12 Of :24
Hauler Bills. Under the present garbage hauling system, the haulers handle billing. They are
already staffed, and have procedures in place to handle billing and Changes in service. They
are the first to know of changes in service level and can provide immediate response to 6hange
both the service and the billing adjustment. They offer a single point of contact for questions
concerning collection and disposal services. Under a universal collection systern, haulers
would not be allowed to discontinue setwice for non-payment, so the County would still have
to assume the risk ?f non-payment and assure payment to the haulers.
Combination Hauler and County Proper't¥ Tax Billing. A combination of periodic
statements and inclusion of charges on property tax bills could be adopted. If a rate is
established for basic residential garbage collection, this amount could be included on the
propert_y tax bill for each unit in 1 to 4 unit residential properties in the Program Area. A
.property o~mer who desired additional service would arrange for that service with the hauler,
and the hauler would handle billing for the additional service only. Since almost all non-
residential and larger multi-hmily residential accounts, use bin service rather than smaller carts
and the level of service provided these accounts varies greatly depending upon the nature of
use and size of'operations on these properties, these accounts would be billed by the hauler.
Only the basic service for each single family residential unit in 1 to 4 unit residential
properties would be charged on the property tax bill.
Additional services beyond the basic level for 1 to 4 unit residential .properties, and
all non-residential property service and over 4 unit multi-family service would be
contractually arranged with the hauler, and would not be billed on the property tax rolls.
Aanounts collected by the County through property taxes for basic residential garbage service
would be paid to the franchise hauler providing the service. For non-residential properties and
over 4 unit residential properties, the County would need to assure payment to the hauler
when customers default on their obligation to pay for basic collection services. Information
obtained from the City of Bakersfield indicates that a default rate of less than one percent of
overall collection charges.is normal. For properties where collection charges have not been
made a part of the property tax bill, unpaid fees could be added to the property tax bills to
assure payment. After the County has recovered the unpaid collection charges, these would
be reimbursed to the hauler by .the County. The County would not reimburse or attempt to
collect for the hauler any amounts in default for additional services beyond the. basic service
level for any property.
An owner of uninhabitable property or vacant land which is assessed garbage
collection fees on the property tax bill would be permitted to provide adequate evidence to
the County that the property is uninhabitable, and would be able to request and receive a
refi~nd for garbage collection services.
Un iversal Collection Page 5
From: Rhonda Cobble (661) 862-8901 To: Alan Tandy Date: 05/22/2000 Time: 5:16:10 PM Page 13 of 24
Therefore, it is recommended that a combination system of billing be established to provide that a
charge for basic residential refuse collection service, plus County administrative charge of $0.40 per
year, be included on the property tax bill for 1 to 4 unit residential properties, and that additional
collection service for residential properties and all garbage collection charges for over 4 unit multi-
family residential and non-residential properties be billed by the hauler.
PUBLIC EDUCATION PROGRAM
It is recommended that your Board direct the Waste Management Department to develop and
· implement an education program to make the public aware of the scope and benefits of universal
collection prior to implementation of the collection program.
PROTEST HEARING AND RATE HEARING
Prior to placing a fee for garbage collection on the tax rolls, a protest hearing must be held at least
45 days alter mailing notice to the affected property owners of the proposed fee and the date of the
hearing. It is recommended that your Board set July 25, 2000, as the date for the protest hearing and
the public hearing on the proposed collection rates, and direct the Clerk of the Board to prepare and
mail the required notice to the record ox~aaers of all identified parcels upon which the fee is proposed.
· Universal Collection Page 6
From: Rhonda Cobble (§61) 862-8901 To: Nan Tandy Date: 05122/2000 '13me: 5:16:10 PM Page 14 of 24
EXHIBIT A
PROGRAM AREA MAP
From: Rhonda Cobble (661) 862-8901 To: Alan Tandy Date: 05/22/2000 Time: 5:16:10 PM Page 15 of 24
EXHIBIT B
PROPOSED NEW CART RATES
DRAFT
From: Rhonda Cobble (661) 862-8901 To: Nan Tandy Date: 05122i2000 'l~me: 5:16:10 PM ~age 16 of 24
Metropolitan Bakersfield Universal Collection Area
Residential Automated Cart Rates
2000/2003
Single family residential
One 101 gallon solid ~vaste cart
and one: 101 gallon greenwaste cart $11.80
Multi-unit .residential
Duplex; two 101 gallon solid waste carts
and one 101 gallon greemvaste cart $23.60
Triplex; three 101 gallon solid ~vaste carts
and two 101 gallon greenwaste carts $35.40
'Fourplex; four 101 gallon solid waste carts
and two 101 gallon greenwaste carts* $47.20
Mobile home park
One 10t gallon solid waste cart
and optional greenwaste cart $ 9.45 per unit
One 64 gallon solid waste cart
and optional greenwaste cart $ 8.45 per unit
Additional carts
Charge per additional cart (solid waste or greenwaste) $ 5.10 per cart
* Bin service required for more than four solid waste carts at a multi-unit residential account.
F. rom: Rhonda CObble (661) 862-8901 To: Nan Tandy Date: 05122/2000 Time: 5:16:10 PM Page 17 of 24
DRAFT
Metropolitan Bakersfield Universal Collection Area
2000/2001 Commercial Automated Cart Rate
Automated 101 gallon cart
with once a week pick-up* $14.50'**
Charge per additional cart
for up to three additional carts** $ 5.10
2001/2002 Commercial Automated Cart Rate
Automated 101 gallon cart
with once a week pick-up* $14.86'**
Charge for additional cart
for up to three additional carts** $ 5.23
2002/2003 ,Commercial Automated Cart Rate
Automated 101 gallon cart
with once a xveek pick-up* $15.23'**
Charge for additional cart
for up to three additional carts** $ 5.36
* Bin service required for more than once a ~veek commercial pick-up.
** Bin service required if more than three additional carts needed.
*** The rates sho~vn for the first automated commercial cart include an administrative
fee to allow each hauler to recover administrative costs of the gate fee program.
From: Rhonda Cobble (661) 862-8901 To: Alan Tandy Date: 05/27./2000 '~me: 5:16:10 PM Page 18 of 24
EXHIBIT C
CURRENT CART RATES
From: Rhonda Cobble (661) 862-8901 To: Alan Tandy Date: 05/22/~000 Time: 5:16:10 PM Page lg of 24
Zone 2 Residential Automated Cart Rates
2000/2003
Single family residential
One 101 gallon solid waste cart
and one 101 gallon grecnwastc cart $! 1.95
Multi-unit residential
Duplex; two 101 gallon solid waste carts
and one 101 gallon greenwaste cart $23.90
Triplex and fourplex; tin'ce 101. gallon solid waste carts
and one 101 gallon greenwaste cart* $35.85
Mobile home park
One 101 gallon solid waste cart
and Optional greenwaste cart $ 9.50 per unit
One 64 gallon solid waste cart
and optional greenwaste cart $ 8.50 per unit
Additional :carts
Charge per additional cart (solid waste or greenwaste) $ 5.10 per cart
* Bin sen'ice required for more than four carts at a multi-unit residential account.
~rom: Rhonda Cobble (661) 862-8g01 To: Alan Tandy Date: 05/22/2000 '13me: 5:16:10 PM Page 20 of 24
ZONE 2
2000/2001 'Commercial Automated Cart Rate
Automated 101 gallon cart
with once a week pick-up* $14.65'**
Charge per additional cart
for up to three additional carts** $ 5.10
2001/2002 Commercial Automated Cart Rate
Automated 101 gallon cart
with once a week pick-up*. $15 02***
Charge for additional cart
for up to three additional carts** $ 5.23
2002/2003 Commercial Automated Cart Rate
Automated 101 gallon cart
with once a week pick-up* $15.39'**
Charge for additional cart
for up to three additional carts** $ 5.36
* Bin service required for more than once a week commercial pick-up.
** Bin service required if more than three additional carts needed.
*** The rates shown for the automated commercial cart include an administrative
fee to allow each hauler to recover administrative costs of the gate fee program.
From: Rhonda Cobble (661) 862-8901 To: Alan Tandy Date: 05122/2000 33rna: 5:16:10 PM Page 21 of 24
NOTICE OF HEARING
Consideration of
Implementation of Universal Collection in Metropolitan Bakersfield
and Rates for Automated Service
NOT];CE IS HEREBY GZVEN that on .3uly 25, 2000, at the hour of 2:00 p.m. in the
Chambers of the Board of Supervisors, Kern County Administrative Center, 11;[5 Truxtun
Avenue, First Floor, Bakersfield, California, the Board of Supervisors of the County of Kern
will consider whether to approve the report titled "Universal Collection". The
recommendations 'in that report include, but are not limited to, the following:
1. Implementation of universal garbage collection beginning 3anuary 1, 2001,
in a Program Area including the highly populated, unincorporated areas
within the City of Bakersfield's sphere of influence and the Oildale area;
2. .Require all residential and non-residential properties in the Program Area,
excluding vacant land and uninhabitable property, to obtain garbage
collection service from a franchise garbage hauler.
3. Phased implementation to begin January 1, 2001, with full implementation
by December 31, 2001;
4. Reduce residential and non-residential automated cart rates for garbage
collection in the Program Area;
5. Reduced automated cart rates to be effective 2anuary 1, 2001;
6. Require universal collection as a condition of approval by the Planning
Department of the Resource Management Agency for any new
development in close proximity to the designated universal collection area
within the Oildale area or City of Bakersfield's sphere of influence, as
amended from time to time;
7. Provide for adoption of areas for universal collection by resolution; and
8. Charges for basic residential garbage collection service for I to 4 unit
residential properties, plus County administrative costs of $0.40 per year,
to be included on the property tax rolls, collected by the County, and the
charges for collection service be paid to the franchise hauler providing
service to the properties for which the charges were collected.
From: Rhonda Cobble (661) 862-8901 To: Alan Tandy . Date: 05122/2000 'l~me: 5:16:10 PM Page 22 of 24
Notice of Hearing Page 2
A copy of. the report prepared by the Waste Management Department, entitled "Universal
Collection", is on file in the office of the Clerk of the Board of Supervisors, Kern County
Administrative Center, 1:115 Truxtun Avenue, Fifth Floor, Bakersfield, California, and is
available for inspection by interested persons during normal business hours. Further
information may also be obtained by contacting the Waste Management Department at
2700 "IV1" Street, Suite 500, Bakersfield; California, (66~1) 862-8900.
The Director of the :Kern County Waste Management has determined that it can be seen
with certainty that there is no possibility the proposed actions may have a significant effect
on the environment and, therefore, under the provisions of Sections 15061(b)(3). and
15308 of the State CEqA Guidelines, the evaluation of projects and the preparation of
environmental documents do not apply thereto, and it is, therefore, proposed to dispense
with such documents with respect to the adoption of .the report described above.
Interested 'persons are invited to comment on this matter by submitting written comments
to the Clerk of the Board of Supervisors, 1115 Truxtun Avenue, Fifth Floor, Bakersfield,
California 93301, or by attending the hearing on .~uly 25, 2000.
Anyone wishing to present evidence or be heard regarding this matter may appear at the
hearing of the matter or any continuation thereof. If you challenge the action taken by
the Board of Supervisors on this matter in court, you may be limited to raising only issues
you or someone else raised at the public hearing described in this Notice, or in written
correspondence delivered to the Board of Supervisors at, or prior to, the public hearing.
Dated:
DEN[SE PENNELL
Clerk of the Board of Supervisors
County of Kern, State of California
By:
Deputy Clerk
From: Rhonda Cobble (661) 862-8901 To: Nan Tandy' Date: 0512212000 Time: 5:16:10 PM Page 23 of 24
From: Rhonda Cobble (661) 862-8g01 To: Nan Tandy Date: 05122/2000 Time: 5:16:10 PM Page 24 of 24
NO TZCE OF I-IEAR_rNG
.1ULY 25, 2000
NOTICE IS HEREBY GIVEN that on the 25~ day of July 2000, at 2:00 p.m. in the Board
of Supervisors Chambers, Kern County Administrative Center, 1115 Truxtun Avenue, First
Floor, Bakersfield, California, the Board of Supervisors will conduct a public hearing on the
proposal to place a fee on property tax bills in order to fund the operation of garbage
collection services in much of the unincorporated area of metropolitan Bakersfield. At said
time, the Board shall hear and consider all objections and protests, if any, to said fee and
placement on the property tax roil.
This is a new fee that, if approved, will be collected at the same time and manner as the
general County taxes. Your proposed fee is in the maximum annual amount of $1,~2.00 per
dwell.lng unit and is proposed to be applied to all 1, 2, 3 and 4 unit residential parcels in the
proposed area. The amount of the -fee is based on the $11.80 per month rate for residential
garbage collection as established by the Board of Supervisors, plus $0.40 administrative costs.
It is anticipated that the first year fee will be for six months. If written protest against the
proposed fee is presented by a majority of the I to 4 unit residential property owners in the
proposed area, the fee will not be placed on the property tax.roll.
ALL INTERESTED PART[ES MAY A-FI-END AND BE HEARD BY THE BOARD AT THTS TIME. IF
UNABLE TO ATTEND, YOU MAY FILE A WRITTEN RESPONSE WiTH THE CLERK OF THE
BOARD, BOARD OF SUPERVISORS, 1115 TRUXTUN AVENUE, BAKERSFIELD, CA 93301,
PRIOR TO THE TIME SET FOR HEARING.
GREATER BAKERSFIELD
CONVENTION ~,~ VISITORS BUREAU
May 22, 2000
· Mr. Alan Tandy
City Manager
1501 Truxtun Ave
Bakersfield CA 93301
Dear Alan:
The Greater Bakersfield Convention and Visitors Bureau is excited about the potential.
developments within the City Center projeCt; - in particular, a recreational sport's facility
and the proposed movie complex.
Traditionally, the CVB has marketed Bakersfield to Relig!ous Conferences because of
venue configurations and to amateur sporting events, who utilize various facilities
throughout the community. This project can further our efforts to attract more state
association conventions, and with improved ~train and air service, national associations.
Centennial Garden and Convention Center is' short on meeting rooms that associations
need to convene. The movie complex can be an attractive solution. Additionally, as our
sports reputation grows nationally, t.he recreational sports complex can help us to lure an
assortment of events through the Amateur Athletic Union and the United States Olympic ~
Committee. Future city clients, such as the NCAA Elite Eight and the Community
College Basketball Association, can utilize such a sports facility for practice. Our
Convention Center Customers, like Eastern Star can use the floor space of the sports
center for banquets while Centennial Garden could be occupied by a concert.
Through the elimination of blight, the creation of jobs, and the potential of several
million dollars of economic impact to Bakersfield the Convention and Visitors Bureau
supports this effort.
Sincerely, (
John P. Meroski
President 1325 p Street
Bakersfield, CA 93301
805.325.5051
" 800.325.6001
FAX: 805.325.707'4
www.visitbfield.com
K £ R $ F I E L D CrPtMANAG~-a u.~
PUBLIC WORKS DEPARTMENT
MEMORANDUM
DATE: May 25, 2000
TO: ALAN TANDY, CITY MANAGER
FROM' RAUL M. ROJAS, PUBLIC WORKS DIRECTOR///.-z~~
SUBJECT: COMMUNITY RELATIONS SPECIALIST - ANTI-GRAFFITI
I am pleased to announce that Mr. Sean Cacal has been selected to fill the position of
General Services Community Relations Specialist for the Anti-Graffiti program. Mr. Cacal
is replacing Ms. Myra McCarthur who accepted a promotion with the County.
In 1995, Sean earned his Bachelor of Arts Degree in Communications at California State
University, Fullerton. After graduation Sean worked for Project Clean Air and most recently
Sonitrol. His background in marketing, public relations and customer service will assist the
Anti-Graffiti program in making additional impacts within the community.
G:~GR OU POAT~Gen SvcsV~ntiGraff't~_s~an wpd
lyf, AY 2 6 2OOO
BAKERSFIELD
CITY MANAGER'S OFFICE
Economic and Community Development Departmen
MEMORANDUM
May 24,2000
TO: Alan Tandy, City Manager ~
FROM: Jake Wager, Economic Development Directo
SUBJECT: Status of the Mexican American Opportunity Foundation (MAOF) Child
Care Project - 715 East California Avenue
Attached is a letter from Martin Castro, Administrator of MAOF concerning a slight delay
of the delivery of the three portable classrooms for the proposed child care project.
In short, the site plan review was submitted May 17, 2000, the delivery of the classrooms
is set for August 1,2000, and final licensing by the State will be completed and anticipated
start date is September 1, 2000. Staff will provide updates as this project progresses.
dlk:P:\GEORGE\maof update 52400
MAy 2, 2000
MEXI(AN AMERI(AN OPPORTUNITY FOUNDATION
2001 28TH S~E~, B~RSFI~, ~ 93301 - T~ (805) ~1-2800 - F~ (805) ~861
May23,200~
Mr. Jake Wager, director
Economic and Community. Development Director
515 Truxtun Avenue
Bakersfield, CA 93301
Dear Mr. Wager!
Re: Update on Preschool Project
I am writing to provide you an update with our plans to develop our preschool dn
property donated by the City on East Califomia Avenue.
Dionicio Morales, President of the Mexican American Opportunity Foundation, recently
signed the letter of agreement with Modtech, Inc., to order the three portable classrooms
we will use to place on the property to provide child care and development services. As
you can see in the enclosed letter of agreement with Modtech, this just occurred on May
8, 2000. The project was delayed due to the State of California Department of Education
timeline in encumbering funds needed for the purchase and site preparation to
accommodate each of the three portables.
In addition, our architectural firm retained to assist us with site plan.development, Ordiz-
Melby, applied for aPermit on Wednesday, May' 17, 2000 with the City Plmming
Division. Revised site plans were submitted and we are awaiting approval from the
Planning Department to take us to the next step, which is site preparation.
I would call your attention to page two of the letter from Modtech with regards to the
new projected timeline. As you can see, delivery of the three portable classroom units is
August 1, 2000. After installation, there will be minor work with regards to sewer, water
and electrical hook-ups, and finally licensing by the State Department of Social Services
in Fresno. I believe that a start-up date to begin accepting children is now September 1,
2000.
A UNITED WAY AGENCY ADDRESSING COMMUNITY NEEDS i
I firmly believe we are on track to meet this schedule. The result will be the development
of a quality preschool that we can all be proud of. Please call me at (661) 336-6969 if
you have any questions.
~,erely,
Martin V. Castro
Administrator
, _ 2830 BARRETT AVENUE · P.O. BOX 1240 · PERRIS, CALIFORNIA 92572
...~ (909) 943-4014 · FAX (909) 940-0427 · Administration/Contracts
~. Estimating / Engineering / Sales / Purchasing / Service / Field
Manufacturers of Relocatable and Modular Commercial Buildings
Inc.
Revised May 3, 2000
Revised December 15, 1999
Revised December 13, 1999
November 19, 1999
Mexican American Opportunity Foundation
401 N. Garfield Avenue
Montebello, CA 90640
Attn: Marlo A. Muniz and Martin Castro, Proqram Director (Kern County)
RE: Modular Childcare Proposal
Mr. Muniz and Mr. Castro,
The following Proposal is in response to your 11-17-99 request & floor plans (including
Modtech revisions) and Modtech's Proposal as outlined.
ITEM # I - PRICING - 36' x 40' CHILDCARE
36' x 40' Childcare with wood foundation & steel ramp & landinqs per attached
drawing
Unit Cost ~xl) $ 74,050
'U~it Cost (x3) $ 222,150
Total Craning & rigging Cost 4,875
Total Module shuttles Cost 1,500
Total Project Cost $ 228,525
Note: Above unit price is based on Modtech receiving the entire order for all buildings.
ITEM # II - (OPTIONAL)
Concrete below grade foundation system including access wells and required venting
(including venting and access grates, as required). Craning and special unloading or
shuttling of modules, as required and 18" clearance for plumbing access, as required.
· 36' x 40' concrete foundation cost $ 21,005
ITEM # III - TERMS - CASH PROGRESSIVE PAYMENT
A) 50% Upon completion of Production.
B) 40% Upon completion of Concrete, Delivery & Installation.
C) 10% Upon completion of Project & Acceptance or Occupancy.
ITEM # IV - INCLUSIONS
Custom drawings & calculations.
Delivery & installation (including craning on to existing concrete
foundation prepared by others).
Modtech's design and drawings for a level concrete foundation
system (concrete foundation by others).
~.~:.~ Carpet, VCT.& sheet vinyl (as per code)
Duratemp siding.
Modtech's upgraded 26 gauge metal deck roof system over plywood
subroof with cantilevered steel roof beams to form soffited overhang.
- 10 year roof warranty.
- Ducted HVAC systems (per drawings & revisions).
- Range, disposal, dishwasher & (additional kitchen cabinetry for 36' x 40').
ITEM # V - EXCLUSIONS
Final state or local approvals of building, permits, and site drawings (by AIA).
Access in/out of site for all equipment & workmen.
Level dirt site.
In plant / on site Inspections.
Paper / soap dispensers.
Special unloading or shuttling of modules (if required).
Access wells and required venting including venting and access grates
as per Modtech's design to allow for cross ventilation and plumbing
access under building.
- 18" clear foundation system for under floor plumbing access.
- Underground obstructions removal or repair (if required).
- Connection of all utilities to site.
-Low voltage systems and com~o~ents and tie in to site
(as required per site).
- Soils test and report ~if required).
Note: If the Mexican American Opportunity Foundation includes Item # II with the
contract, Item # IV Inclusions and Item # V Exclusions will change to reflect the Scope of
Work required with below grade concrete foundations.
ITEM # VI - ESTIMATED SCHEDULE
5-31-00 Modtech completes and sends drawings for review.
6-00 Modtech receives approved drawings.
6-2000 Modtech receives site drawings including elevations &
benchmarks - site is ready for foundations.
7-07-00 Modtech starts in-plant construction and customer
starts foundations.
8-01-00 Modtech starts delivery of units.
Note: Completion of each 36' x 40' building type is 21 days from delivery.
If the above Proposal is acceptable please sign by the date indicated to lock in the
schedule as outlined.
If you have any questions please contact me at 909-943-4014 ext. 234.
Regional Sales Manager
LM/ab
ACCEPTED
DATE
BY "'-
TITLE '
May3MexicanAmedcan~v#3
DEPARTMENT OF RECREATION AND PARKS
DATE: May 24, 2000
TO: Alan Tandy, City Manager
FROM: Stan Ford, Director of Recreation and Parks
SUBJECT: Skate Park Usage
Councilmember DeMond requested that a survey be done re!ated to the
usage of the skate park. Attached are the numbers from the first two weeks
of counting.
Effective today, we will also be surveying the use during after-school hours.
I will forward future survey counts with my monthly report.
BEACH PARK SKATE PARK
SURVEY
WEEK OF May 8 - May 14, 2000
I
Skaters ~ ~ ~kater! Spectators ~ Spectatorsl Skaters2 0 0 __ 2-- -- ' ' Spectat°rs ! Skaters Spectat°rs i
BEFORE NOON
~ i ~ 22 12 17 7
2:00 PM 7 21 2 01 7, 71 3 1l 5 01 32 24l 38' 151
~:oo~ I I I I I I ·
,:oo~ I ! I I !
~:oo~ I I I I i
~:oo~ a I I I I I ·
WEATHER coNDITIONS: Warm - Expected 70-85S? COMMENTS:
s:~ops99-2000~skateprksurvey
BEACH PARK SKATE PARK
SURVEY
WEEK OF May 15 - May 21,2000
Skaters Spectators ~ Skaters Spectators Skaters Spectators ! Skaters Spectators Skaters Spectators Skaters Spectators Skaters Spectators
NOON 2 0 6 1 4 1 3 0 21 8 i
1:00 PM
2:00 PM 8 1 4 3 9 2 6 1 29 13
4:00 PM
6:00 PM
WEATHER CONDITIONS: Cool- Monday - Wednesday COMMENTS:
Hot - Thurs - Friday
s:\ops99-2000\skateprksurvey
B A K E R S F I E L D :~TYMANAGER'$O~
PUBLIC WORKS DEPARTMENT
MEMORANDUM
TO: ALAN TANDY, CITY MANAGER
FROM: RAUL ROJAS, PUBLIC WORKS DIRECTOR/~ ~~
~. ,....---
DATE: MAY 19, 2000
SUBJECT: INQUIRY FROM COUNClLMEMBER MAGGARD REGARDING THE
CORNER OF PANORAMA DRIVE, MANOR STREET AND UNION
AVENUE
1. West bound Panorama Drive 'as it descends north onto Manor Street... it is cluttered
with litter, unsightly and unkempt...could it be cleaned up?
A crew from the Street Cleaning Section will be assigned to clean this area
during the weekend of 5/20/00.
2. South bound Manor Street as it loops into east bound Panorama Drive...big hole '
within loop...can it be filled up and cleaned up?
It looks like someone is beginning to fill it up?
As time allows and material (dirt) becomes available, Street Division crews are
filling the hole. However, the hole is a designed drainage basin and cannot be
completely filled.
Street Maintenance crews started cleaning this area on 5/18/00.
3. North bound Union Avenue as it begins to curve east towards Panorama Drive -just
north is a triangle left with growing weeds, remnants of earth moving activity from
many years ago...can it be cleaned up, leveled and construction debris removed?
A Street Division crew has been assigned to clean up and level as much as
possible within this area. Work on this project started 5/18/00.
G:\GROUPDAT~$TREETS~anorama Manor. Tdangle.wlx~
Raui Roias': c~rner ~f'Pan0rama, Manor and Uni~r~ ............................ Pag~ '1 i
FrOm: "Mike Maggard" <mmagcpa(~lightspeed.net>
To: "Raul Rojas" <rrojas@ci.bakersfield.ca.us>
Date: Friday, May 12, 2000 3:07:43 PM
Subject: corner of Panorama, Manor and Union
Three citizens (Mr. Berchtold, Jimmy Icardo, Chris Fendrick) with whom I am working on Panorama Park
expansion continue to complain to me regarding above referenced area. Their concerns are as follows:
1. West Bound Panorama as it descends to north onto Manor...cluttered with litter, unsightly and
unkempt...could it be cleaned up?
2. South bound Manor as it loops into east bound Panorama...big hole within Ioop...can it be filled up and
cleaned up...we have discussed this part before...it looks like someone is beginning to fill it up.'?
3. North bound Union as it begins to curve east towards Panorama - just to north is a triangle left with
growing weeds, remnants of earth moving activity from many years ago...can it be cleaned up, leveled,
have any construction debris removed
4. And most of all, what is the possibility that it may be able to have some form of vegetation planted
within each of these areas, but most of all the triangular piece referred to in #3 above.
Could we discuss these, take a drive if you like and brainstorm about what might be done. Those in the
neighborhood feel serves as entrance into Panorama northeast area. It doesn't need to become a park,
but maybe a few trees or Iow lying shrubs would be an improvement.
Before you come up with a big detailed response, let's brainstorm about this one.
Thanks...Mike
REC£ V D
B AKE RS FI E LD '
PUBLIC WORKS DEPARTMENT
MEMORANDUM
TO: ALAN TANDY, CITY MANAGER
FROM: RAUL M. ROJAS, PUBLIC WORKS DIRECTOR
DATE: May 18, 2000
SUBJECT: INFORMAL COUNCIL REFERRAL, WARD 3, TRAFFIC LIGHT (SIGNAL)
AT CORNER OF STOCKDALE AND ALLEN.
"COUNCILMAN MAGGARD REQUESTED STAFF CHECK THE SIGNAL TIMING AT
STOCKDALE AND ALLEN FOR SHORT GREEN TIMES."
Traffic Engineering staff checked the operation of the signal and found the timing was as
designed. However, the signal had recently been placed in an operational mode to "rest
in red" in all directions from 10pm to 6am. This mode allows an energy savings for the
signal operation since all the red signal indicators are the newer red light emitting diode
(LED) type of light with a very Iow power consumption. Because of this setting, the signal
may sometimes change quickly back to red before a vehicle reaches the intersection after
being green for a short time. This has been modified and the signal should not "short
cycle", or change from green to red too quickly, during the late evening and morning hours.
Since the complaint did not indicate the time of day or the direction of travel, staff will also
be checking the operations during the daytime for a possible detector failure. This could
also cause a short cycling of the signal if the cars are not being detected properly because
of equipment problems. Traffic Engineering staffwill be working with the General Services
signal technicians, who maintain all the signal equipment, for possible equipment problems
and solutions.
cc: Traffic Engineering File - SignalTiming. Stockdale&Allen.ward3.ref. wpd
slw: P:\DATA\WP~2000\SignalTiming. Stockdale&Allen.ward3. ref. wpd
Page I of I
From: "Mike Maggard'' <mmagcpa@lightspeed.net>
To: "Raul Rojas" <rrojas@ci.bakersfield.ca.us>
Date: 5/16/00 3:52PM
Subject: Traffic light at corner of Stockdale and Allen
I spoke today with David Couch regarding this issue, and he suggested I contact your office. It is my
understanding that many complaints have been made regarding the light at this intersection turning from
green to red too quickly.
I am aware of an accident which occurred a few days ago at this intersection, where both drivers are
adamant that the light was green. Others have told me that the light changes so quickly that even if you
immediately begin to cross the intersection as soon as it turns green, it has turned red and cross traffic
has a green light to proceed before drive has chance to clear intersection. Could you look into the timing
and let Couch and myself know what you discover?
Thanks for your help.
Mike
tvlAy 2 3 2000 ,:
B AKE R S F I E LD .....
CiTY MANAGER'S OF[:: ~,~:',
PUBLIC WORKS DEPARTMENT --.
MEMORANDUM
TO: ALAN TANDY, CITY MANAGER
FROM: RAUL M. ROJAS, PUBLIC WORKS DIRECTOR ~
DATE: May 18, 2000
SUBJECT: INFORMAL COUNCIL REFERRAL, WARD 3, TRAFFIC CONTROL AND
CROSSING GUARD AT WENATCHEE AND RENEGADE.
"COUNCILMAN MAGGARD REQUESTED AN INVESTIGATION OF NEED FOR A
CROSSING GUARD ACROSS WENATCHEE AT RENEGADE STREET AND EVALUATION
OF TRAFFIC CONTROL STOP SIGNS, PER REQUESTS BY SHEILA TRINIDAD AND
BRENDA BROWN, FOR NICHOLS ELEMENTARY SCHOOL."
STOP SIGNS:
In response to requests for stop signs, received from Sheila Trinidad and Brenda Brown
on May 4, 2000, a stop sign study was performed by Traffic Engineering staff. The study
was just completed this week. No warrant was met for a multiway stop sign.
The study showed that there has been no traffic accidents reported for the most recent 12
month period. The average volume of traffic through the intersection was only 277 for the
required 8 hour period, less than the minimum 350 volume in the warrant. The cross street
traffic was only 80 vehicles out of the minimum warrant threshold of 140. These volumes
are less than was present in 1998 during the last stop sign warrant study. At that time, the
intersection volume was an average of 327 and the cross street volume was an average
of 109. Traffic volumes in the area appear to be diminishing.
CROSSING GUARD:
Since it has been five years from the last analysis, another warrant study for an adult
crossing guard will be performed before the school year ends, in anticipation of receiving
a formal request from the school. The crossing of Wenatchee at Renegade has been
studied many times since 1981 for a possible crossing guard warrant. The last study was
performed in 1995.
Page I of 3
When requested by a school or school district, the Traffic Engineer performs crossing
guard warrant studies based on national and State of California requirements. Individuals
asking for crossing guards are directed to contact their school officials to make the request
to the City. This is done because we found that many times parents are asking for
crossing guards where the school does not want children crossing the street. If the school
or district officials concur that a crossing guard is desirable, a formal request is sent to the
City.
The City Police Department operates and funds the crossing guard program in their
operating budget. If the study shows a crossing guard is warranted, the Police Department
will be informed and may consider adding an additional crossing guard in the program
budget. The cost of a crossing guard is between $8000 and $10,000 per year, depending
on the hours of operation. If the study shows that no warrants are met, the Police
Department will be notified and the school district notified. The school district always has
the option of participating in the cost of adding a crossing guard with the Police Department
program, should the Police Department not fund a crossing guard.
A copy of the crossing guard warrant from the State of California Traffic Manual is attached
for you information.
cc: Traffic Engineering File - CrossingGuard. WenatcheeRenegade.ward3.ref. wpd
Page 2 of 3
State of California Traffic Manual - Criteria (warrants) for Adult Crossing Guards
Chapter 10-07.3 Criteria for Adult Crossing Guards
Adult Crossing Guards normally are assigned where official supervision of
elementary school pedestrians is desirable while they cross a public
highway on the "Suggested Route to School", and at least 40 elementary
school pedestrians for each of any two hours (not necessarily consecutive)
daily use the crossing while going to or from school. Adult crossing guards
may be used under the following conditions:
1. At uncontrolled crossings where there is no alternate
controlled crossing within 180 m; and
a. In urban areas where the vehicular traffic
volume exceeds 350 during each of any two
hours (not necessarily consecutive) in which
40 or more school pedestrians cross daily
while going to or from school; or
b. In rural areas where the vehicular traffic
volume exceeds 300 during each of any two
hours (not necessarily consecutive) in which
30 or more school pedestrians cross daily
while going to or from school.
Whenever the critical (85th percentile) approach speed
exceeds 40 mph (64 km/h), the guidelines for rural
areas should be applied.
2. At stop sign-controlled crossing:
Where the vehicular traffic volumes on undivided
highways of four or more lanes exceeds 500 per hour
during any period when the school pedestrians are
going 'to or from school.
3. At traffic signal-controlled crossings:
a. Where the number of vehicular turning
movements through the school crosswalk
exceeds 300 per hour while school i.
pedestrians are going to or from school; or
b. Where justified through analysis of the
operations of the intersection.
slw: p:\DATA\VVP~2000\CrossingGuard. WenatcheeRenegade.ward3. ref.wpd
Page 3 of 3
From: "Mike Maggard" <mmagcpa@lightspeed.net>
To: "Raul Rojas" <rrojas@ci.bakersfield.ca.us>
Date: Friday, May 12, 2000 3:16:53 PM
Subject: Crossing guard - Wenatchee at Renegade
Following citizens called with concern regarding children cross'ing at above ref'd intersection. Traffic is
stopped east/west on Renegade by stop signs, however north/south traffic on Wenatchee is very fast and
according to these moms (Sheila Trinidad 872-9141 and Brenda Brown 872-5079) the lives of many
children are in danger. They say they have contacted the school and "some guy" there has referred them
to me. As I recollect, the BCSD is responsible for providing it's own crossing guards, so I directed them
back to their own principal (at Col. Nichols school).
Is there anything we can do? To whom can we direct them for quickest resolution of their concern? Can
we forward along to.appropriate contact at BCSD and the school the fact that the City and Council
Member are concerned, and ask BCSD to respond to concerned parties?
Finally, let me know what responsibility, authority and resources we have to help resolve such issues?
As always, thanks for your help...Mike
BAKERSFIELD
PUBLIC WORKS DEPARTMENT
MEMORANDUM
TO: ALAN TANDY, City Manager
FROM: RAUL ROJAS, Public Works Director
DATE: May 24, 2000
SUBJECT: NORTHEAST BIKE PATH EXTENSION
Informal Council Referral: Maggard- Ward 3
Councilmember Mike Maggard recently contacted staff regarding a constituent's concern about the
connection of the Northeast Bike Path to Fairfax Road and asked if the path could be extended along
the river.
As you may recall, this project was originally to be developed by the County and the route was to be
located along the Kern River connecting China Grade Loop to Lake Ming. However, there were right of
way issues that were never resolved with the property owners fronting the river. The County spent
$50,000 and finally abandoned the project. Kern COG then asked the City 'to take over the project and
construct a path up the ravine along the future Morning Drive alignment to Paladino Drive, and then
east to Fairfax Road. We agreed to take over the project which dove-tailed nicely with the water
treatment plant project that was proposed to be built near Morning Drive. As right of way already
existed, we felt the project could be achieved. Kern COG allocated the remaining funds ($135,400
TDA Article 3, $ 541,660 TEA funds) to the City for the project.
There is a large hill at the intersection of Paladino and Fairfax and the existing right of way crosses this
hill. A path up the hill along the existing right of way would require cuts of over 40 feet and removing
over 280,000 yards of soil. In addition the slope of the path would be 7%. We approached property
owners north and south of the hill with the idea of acquiring other property for the path, but met with
resistance.
Staff continues to pursue other solutions to this problem. The Old Dump Road presented itself as a
possible replacement. The paving exists from Fairfax to Paladino, and the traffic is practically nil. We
met with the County Waste Management and they were receptive to the idea with a few restrictions.
Nancy Ewert of Kern County Waste Management staff said the State has approved the remediation of
the landfill and there are no health risk factors. Staff also met with Destec Co-Gen personnel, and they
are also receptive to this idea.
We realize that there are some steep areas on the Old Dump Road, but we believe it would be
rideable. It should be noted that the Morning Drive section also has many portions at 5% grade. A
vertical rise in elevation of 230 feet is required, and staff has always felt this portion of the path may be
too steep and long for families or young children. However, Kern COG staff believed this was the only
route available to connect Lake Ming to China Grade Loop. We feel,~the.Dump Road may be a good
c°mpr°mise f°r the time being until the hill at Paladin° can be rem°ived' RECF-JV'~'D [
c: Jacques R. LaRochelle, Engineering Services Manager
MAY
i
,dw:S:\TED~2000 .... ~052200at,wlzI ' CITY
MANAGER'S O:
!
SUMMARY OF PROCEEDINGS
BOARD OF SUPERVISORS COUNTY OF KERN
1115 Truxtun Avenue
Bakersfield, California
i:'i Y £ 6 2000
Regular Meeting
Tuesday, May 23, 2000
~C, ~,TY MANAGEFI'S
~:oo A.M,
BOARD RECONVENED
Supervisors: McQuiston, Perez, Patrick, Peterson, Parra
ROLL CALL: 4 Present; 1 Absent: Supervisor McQuiston
NOTE: The Chairman announced that Supervisor McQuiston is
meeting with the Governor of Nevada to brief him on the
Southwest Defense Complex and the Southwest Defense
Alliance
SALUTE TO FLAG - Led by Supervisor Perez
NOTE: Mc, Pz, Pa, Pe, Pr are abbreviations for
Supervisors McQuiston, Perez, Patrick, Peterson, and
Parra, respectively. For example, Pa-Pe denotes
Supervisor Patrick made the motion and Supervisor
Peterson seconded it. The abbreviation (Ab) means
absent, and (Abd) abstained.
CONSENT AGENDA/OPPORTUNITY FOR PUBLIC COMMENT; ALL ITEMS
LISTED WITH AN ASTERISK (*) OR A NUMBER SIGN (#) WERE
CONSIDERED TO BE ROUTINE A/qD APPROVED BY ONE MOTION.
BOARD ACTION SHOWN IN CAPS
NOTE: Supervisor Parra announced that there were students
from various Bakersfield City School District Middle
· Schools in the audience who have been selected to travel
to Washington, D.C. to learn more about the government
process; Tomas Prieto, Program Specialist, heard
RESOLUTIONS/PROCLAMATIONS
1) Presentation of Certificates of Recognition to first-
place winners of the Fair Housing Arts Poster and Essay
contest - MADE PRESENTATIONS TO MICHELLE FORTT, SING LUM
ELEMENTARY SCHOOL; KATI CHAMBERLIN, BRIANNA CARDOZA,
CALLY KRAFT, JESSICA LEBECK, AND JASMINE BYRD OF THORNER
ELEMENTARY SCHOOL; RAHEELA DHARANI, BETTY ORAN, STEPHANIE
FAIRMAN, ANNIE TRAUT, AND KELSEY BARNEY OF TEVIS JR. HIGH
SCHOOL; JACQUELIN TURNER ANDMICHAEL DYKHOFF OF BORON JR.
HIGH SCHOOL; AND LINDSAY HANEY OF STOCKDALE HIGH SCHOOL;
INTRODUCED WERE: DEBORAR TOMASI, TEACHER, SING, LUM
ELEMENTARY SCHOOL ~ EVELYN FORTT, MOTHER OF MICHELLE
FORTT; SHARON ROXBURGH, TEACHER, TMORNER ELEMENTARY
SCHOOL; NANCY CARTER, TEACHER, TEVIS JR. HIGH SCHOOL;
CASSIE DANIEL, BOARD OF REALTORS; AND BOB BORJON,
COMMUN fTY DEVELOPMENT
Summary of Proceedings Page 2
Board of Supervisors Regular Meeting 05/23/2000
f 2) Presentation of Certificate of Recognition to Student'
· ~ participants of Youth Voice - MADE PRESENTATION To ANDRAE
GONZALES, PRESIDENT OF YOUTH VOICE; DAVID STRONG AND
A_NDRAE GONZALES, HEARD; BRIAN FEASTER, HIGHLAND HIGH
SCHOOL, INTRODUCED PARTICIPANTS OF YOUTH VOICE: JONATHAN
McCALL, SOLEDAD BALTAZAR, AND KATIE WORK, HIGHLAND HIGH
SCHOOL; ANDRAE .GONZALES, HEATHER BAUMRUK, VALERIE
YNIGUES, LESLIE THORNTON, SARAH SCHWARTZ, AND LISA sMART,
EAST BAKERSFIELD HIGH SCHOOL; MONICA ROCHA; RICHARD DEL
ROSARIO, AND TERESA NGO, SOUTH HIGH SCHOOL; MONICAMcGEE,
· BAKERSFIELD HIGH SCHOOL; DANIEL KELLOG, CANDIE MICHAEL,
AND DANIEL LEE, FOOTHILL HIGH SCHOOL; YOUTH VOICE
'~ STUDENTS MADE A pREsENTATION T0 THEIR KERN HIGH SCHOOL
DISTRICT CHAPERONE,.JOYCE THOMPSON
Pz-Pa 3) Proclamation pr°claiming May, 2000 as Water Awareness
4 Ayes Month in Kern County - PROCLAIMED; MADE PRESENTATION TO
l~Ab/Mc LES CLARK; LES CLARK HEARD
PUBLIC REOUBSTS
Pa-Pr 4) Request of Loron Hodge, Manager, Water Association of
4 Ayes~ -Kern County,'to address the Board regarding their Annuai
1 Ab/Mc Report LES CLARK; GENE LUNDQUIST, KERN COUNTY WATER
AGENCY AND PAST 'PRESIDENT OF WATER ASSOCIATION OF KERN
COUNTY; STU PYLE, WATER ASSOCIATION BOARD MEMBER AND
REPRESENTATIVE ON THE SOUTHERN CALIFORNIA WATER
COMMITTEE; STEVE LEWIS, CENTRAL VALLEY WATER PROJECT A_ND
STAFF ENGINEER OF ARVIN-EDISON WATER STORAGE DISTRICT;
FLORN CORE, WATER RESOURCES DIRECTOR, CITY OF
BAKERSFIELD; DON MARQUEZ, IMPROVEMENT DISTRICT 4, KERN
COUNTY WATER AGENCY; MARY LOU COTTON, WATER ASSOCIATION
BOARD MEMBER; JOYCE WALLACE, KERN COUNTY.'.WATER AGENCY,
HEARD; RECEIVED AND FILED VIDEO; REFERRED TO KGOV TO
DEVELOP A VIDEO INCLUDING. TODAY'S PRESENTATIONS TO
BROADCAST ON KGOV A1TD TO PROVIDE ACCESS TO LOCAL SCHOOLS
FOR EDUCATION PURPOSES; RENE DONATO-NELSON HEARD
Pr-Pa *5) Reappointment of Wilfred A. Brown as Fourth District
4 Ayes Member to the Commission on Aging, term to expire June
.1 Ab/Mc 17, 2002 MADE REAPPOINTMENT
Pr-Pa *6) Appointment of Paul Rubadeau (replacing Stanley Cooper)
'4 Ayes to the West Side Mosquito and Vector Control District,
1 AbfMc term to expire January 1, 200t MADE APPOINTMENT
PUBLIC PRESENTATIONS
7) This portion of the meeting is reserved for. persons to
address the Board on any matter not on this agenda but
under-the jurisdiction of the Board. Board members may
resPOnd briefly to statements made or questions posed.
They .may ask a question for clarification, make a
~ referral to staff for factual information or request
staff-to report back-to the Board at a later meeting.
Also, the Board may take action to direct the staff to
o place a matter of business on a future agenda. SPEAKERS
ARE LIMITED TO TWO MINUTES. PLEASE STATE YOUR NAME
BEFORE MAKING YOUR PRESENTATION. TFJtNK YOU! NO ONE
Summary of Proceedings Page 3
Board of Supervisors Regular Meeting 05/23/2000
BOARD MEMBER ANNOUNCEMENTS OR REPORTS
8) On their own initiative, Board members may make an
announcement or a report on their own activities. They
may ask a question for clarification, make a referral to
staff or take action to have staff place a matter of
business on a future agenda (Gov. Code Sec. 54954.2[a]) -
SUPERVISOR PATRICK A/qNOUNCED THAT DR. J13LIET THORNER
CREATIVE AND PERFORMING ARTS MAGNET SCHOOL AND COLONEL
HOWARD NICHOLS ELEMENTARY SCHOOL HAVE BEEN AWARDED WITH
THE CALIFORNIA DISTINGUISHED SCHOOLS DESIGNATION
DEPARTMENTAL REOUESTS
AGRICULTURAL COMMISSIONER
Pr-Pa *9) Proposed retroactive Agreement No. 99-0738 with
4 Ayes California Department of Food & Agriculture for costs
1 Ab/Mc pertaining to weed management and disbursement of funds
to Kern Mountain Desert Weed Management Area, Fiscal Year
1999/2000, in an amount not to exceed $23,000 (prior
notification April 25, 2000) - APPROVED; AUTHORIZED
CHAIRMAN TO SIGN AGREEMENT 380-2000
Pr-Pa *10) Submission of 1999 Kern County Agricultural Crop Report -
4 Ayes RECEIVED AND FILED
I Ab/Mc
AIRPORTS
Pr-Pa '11) Proposed Agreement with Terry A. Nachtigall for a five-
4 Ayes year agricultural lease' at Wasco Airport, from June 1,
1 Ab/Mc 2000 through May 31, 2005, at an annual rental rate of
$13,770 - MADE FINDING THAT PROJECT IS EXEMPT FROM CEQA
REQUIREMENTS PURSUANT TO SECTION 15301; DIRECTED CLERK OF
THE BOARD TO COMPLETE AND FILE NOTICE OF EXEMPTION;
APPROVED; AUTHORIZED CHAIRMAN TO SfGN AGREEMENT 381-2000
AUDITOR-CONTROLLER-COUNTY CLERK ~
Pr-Pa '12) ApprOpriation of unanticipated revenue in the amount of
4 Ayes $80,000, and increase Departmental Expenditure Authority
1 Ab/Mc by $80,000 - APPROVED' APPROPRIATION OF UNANTICIPATED
REVENUE IN THE AMOUNT OF $80,000; APPROVED BUDGET
TRANSFER IN THEAMOUNTOF $80,000 FROM APPROPRIATIONS FOR
CONTINGENCIES TO THE TRAVEL AGENT EXPENSE BUDGET UNIT
COUNTY COUNSEL
Pr-Pa '13) Proposed Ordinance adding subparagraph (18) to Section
4 Ayes 10.24.021 of Chapter 10.24, Title 10 concerning a
1 Ab/Mc handicap zone at 127 Lincoln Avenue and rescinding
subparagraph (8) of Section 10.24.021'- WAIVED READING;
INTRODUCED ORDINANCE .~-
Pr-Pa '14) Proposed Ordinance adding subsections (220), (221), (222)
4 Ayes and (223) to Section 10.16.070 of Chapter 10.16
1 Ab/Mc concerning no parking zones on Slikker Drive, Palm
Extension, Calloway Drive Frontage and Calloway Drive -
WAIVED READING; INTRODUCED ORDINANCE
Pr-Pa '15) Request of the Department of Aging and Adult Services to
4 Ayes de~troy~ records no longer needed and eligible for
1 Ab/Mc destruction - APPROVED
Summary of Proceedings Page 4
Board of Supervisors Regular Meeting 05/23/2000
Pr-Pa '16) Proposed addition of one (1) Legal Stenographer and
4 Ayes deletion of one (1) Legal Process Clerk II position,
1 Ab/~C'. effective May 23, 2000 - APPROVED; REFERRED TO PERSONNEL
TO AMEND DEPARTMENTAL POSITIONS AND SALARY SCHEDULE
EMERGENCY MEDICAL SERVICES
Pr-Pa '17) Appropriation of unanticipated revenue in the amount of
4 Ayes $5,000 from grant funds for Critical Incident Stress
1 Ab/Mc Management (CISC) training expenses, Fiscal Year 1999-
2000 - APPROVED APPROPRIATION OF UNANTICIPATED REVENUE IN
THE AMOUNT OF $5,000 TO APPROPRIATIONS FOR CONTINGENCIES;
APPROVED BUDGET TRANSFER IN THE AMOUNT OF $5,000 TO
BUDGET UNIT %4200
HUMAN SERVICES
Pr-Pa '18) Proposed Agreement with the Boys and Girls Club of
4 Ayes BakersfieId for youth services and child care, .from June
1 Ab/Mc 1, 2000'to May 31, 2001, in an amount not to exceed
$199,100 (State/Federal funds - no county cost)
APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 382-2000
Pr-Pa '19) Proposed Agreement with Synergy Consulting Inc., for the
4 Ayes conversion of GemsWorks to the ISAWS-WTW System, from May
1 Ab/Mc 23, 2000 through October 30, 2000, in an amount not to
exceed $22,800 (State/Federal funds no county cost)
APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 383-2000
KERN MEDICAL CENTER
Pr-Pa *20) Proposed Statement of Ownership and Operation for new
4 Ayes Kern Medical Center outpatient pharmacy for submission to
1 Ab/Mc~ California state Board of Pharmacy - AUTHORIZED CHAIRMAN
TO SIGN
Pz-Pr 21) Notification of proposed retroactive hospital and other
4 Ayes facility services Agreement and physician services
1 Ab/Mc Agreement' with Kern Health Systems for inpatient,
outpatient and emergency hospital services - RECEIVED AND
FILED
Pr-Pa *22) Proposed Amendment No. i to Agreement with California
4 Ayes Medical Review, Inc., to correct typographical and
1 Ab/Mc formatting errors - APPROVED; AUTHORIZED CHAIRMAN TO SIGN
AGREF24ENT 384-2000
Pr-Pa *23) Proposed Amendment No. i 'to Agreement with Trane=West
4 Ayes Security Services, Inc., to clarify and define method
1 Ab/Mc used to calculate payments (no change in total contract
amount) - APPROVED;AUTHORIZEDCHAIRMANTO SIGN AGREEMENT
385-2000
Pr-Pa *24) Proposed Agreement with Data General Corporation for
4 Ayes McKesson HBOC Image Manager document system hardware
I Ab/Mc support services, from June 1, 2000 to May 31, 2003, in
an amount not to exceed $~3,327 APPROVED; AUTHORIZED
CHAIRMAN TO SIGN AGREEMENT 386-2000
Summary of Proceedings Page 5
Board.of Supervisors Regular Meeting 05/23/2000
Pr-Pa *25) Proposed Agreement with Data General Corporation for
4 Ayes McKesson HBOC LaserArc report archival system hardware
1 Ab/Mc support services, from June 1, 2000 to May 31, 2003, in'
an amount not to exceed $1,486 APPROVED; AUTHORIZED
CHAIRMAN TO SIGN AGREEMENT 387-2000
Pr-Pa *26) Proposed Agreement with Data General Corporation for
4 Ayes McKesson HBOC Interface Manager interface engine system
i Ab/Mc hardware support services, from June 1, 2000' to May 31,
2003, in an amount not to exceed $15,236 - APPROVED;
'AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 388-2000
Pr-Pa *27) Proposed Agreement with Data General Corporation for
4 Ayes Storagetech Tape Backup system hardware support services,
1 Ab/Mc from June 1, 2000 to May 31, 2003, in an amount not to
exceed $6,456 - APPROVED; AUTHORIZED CHAIRMAN TO SIGN
AGREEMENT 389-2000
Pr-Pa *28) Proposed retroactive Agreement with Central Cardiology
4 Ayes Medical Clinic for cardiology physician services, from
1 Ab/Mc February. I, 2000 to January 31, 2002, in an amount not to
exceed $240,000 (prior notification May 9, 2000) -
APPROVED; AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 390-2000
Pr-Pa *29) Proposed retroactive Agreement with Comprehensive Blood
4 Ayes & Cancer Center for oncology and hematology physician
1 Ab/Mc services, from October 1, 1999 to September 30, 2001, in
an amount not to exceed $200,000 (prior notification May
9, 2000) - APPROVED; AUTHORIZED CHAIRMAN TO SIGN
AGREEMENT 391-2000
Pr-Pa *30) Proposed retroactive Agreement with Mark Nystrom, M.D.,
4 Ayes for orthopedic physician services, from May 4, 2000 to
1 Ab/Mc May 3, 2002, in an amount not to exceed $300,000 (prior
notification May 9, 2000) - APPROVED; AUTHORIZED CHAIRMAN
TO SIGN AGREEMENT 392-2000
MENTAL HEALTH SERVICES
Pr-Pa '31) Proposed Amendment No. 3 to Agreement No. 397-77204-000
4 Ayes with the State of California, Department of Mental
I Ab/Mc Health, for services provided beneficiaries residing in
institutions for mental disease, Fiscal Year 1999-2000,
in an amount not to exceed $12,501,170 (an increase of
$4,806,624) (State; Budgeted) APPROVED; AUTHORIZED
CHAIRMAN TO SIGN AGREEMENT 393-2000
Pr-Pa *32) Proposed Amendment No. i to Agreement No. 128-2000 with
4 Ayes Echo Consulting Services of California, Inc., to extend
I Ab/Mc term of contract for maintenance and support services of
automated billing system, Fiscal Year 2000-2001, in an
amount not to exceed $190,971.51 (Budgeted) - APPROVED;
AUTHORIZED CHAIRMAN TO SIGN AGREEMENT 394-2000
Pr-Pa *33) Proposed Agreement with Kern Transportation Services,
4 Ayes Inc., for transportation support services for County
1 Ab/Mc clients, Fiscal Year 2000-2001, in an amount not to
exceed $46,000 (State; Budgeted) - APPROVED; AUTHORIZED
CHAIRMAN TO SIGN AGREEMENT 395-2000
Summary of Proceedings Page 6
Board of Supervisors Regular Meeting 05/23/2000
Pr-Pa *34) Proposed authorization to submit application for a three-
4 Ayes year HUD Supportive Housing Program (SHP) grant, to fund
1 Ab/Mc the Countywide Housing Access Program (CHAP), to provide
assistance to homeless individuals and families in
~ finding access to affordable permanent housing, in the
amount of $869,212 ($695,369 HUD funds; 25% County match
Of $173,843 which would be derived from State realignment
dollars) - APPROVED; AUTHORIZED MENTAL HEALTH DEPARTMENT
TO SUBMIT APPLICATION
PERSONNEL DEPARTMENT
Pr-Pa *35) Classifications of positions recommended by the Civil
4 Ayes Service Commission', effective May 23, 2000 APPROVED;
I Ab/Mc REFERRED TO PERSONNEL TO AMENDDEPARTMENTALPOSI~IONSAND
SALARY SCHEDULE
PUBLIC }{EALTH SERVICES
Pr-Pa' *36) Proposed Agreement with Valley Catholic Charities fo'r
4 Ayes AIDS Case Management and HIV/AIDS Early Intervention
1 Ab/Mc Projects, from July 1, 2000 through June 30, 2001, in an
amount not to exceed $21,791 APPROVED; AUTHORIZED
CHAIRMAN TO SIGN AGREEMENT 396-2000
Pr-Pa *37) Proposed Amendment No. 2 to Agreement No. 801-99 with
4 Ayes Valley Catholic Charities for AIDS Case Management and
I Ab/Mc HIV/AIDS Early' Intervention Project to increase scope of
services and increase compensation, in an amount not to
exceed $20,040 - APPROVED; AUTHORIZED CHAIRMAN TO SIGN
AGREEMENT 397-2000
Pr-Pa *38) Proposed Amendment No. 2 to Agreement No. 804-'99 with
4 Ayes Clinica Sierra Vista, Inc., Kern Lifeline Project for
I Ab/Mc Social Case Management Services for HIV/AIDS, to increase
scope of services and increase compensation, in an amount
not to exceed $115,640 - APPROVED; AUTHORIZED CHAIRMAN TO
SIGN AGREEMENT 398-2000
Pr-Pa *39) Request to set hearing to consider establishment of jail
4 Ayes booking fees for Fiscal Year 2000-2001; fee proposed to
i Ab/Mc be set at $111.92 - SET HEARING DATE FOR TUESDAY, JUNE
13, 2000 AT 9:00 A.M.; AUTHORIZED CLERK OF THE BOARD TO
PUBLISH NOTICE
CLOSED SESSIONS
COUNTY ADMINISTRATIVE OFFICE
WITH- 40) Request for Closed Session regarding Meet and Confer,
DRAWN CCAPE -
Summary of Proceedings Page 7
Board of Supervisors Regular Meeting 05/23/2000
COUNTY COUNSEL
Pz-Pr 41) Request for Closed Session regarding a lawsuit entitled
Ayes Eric and Nancy Bohl v. County of Kern, et al., USDC (E)
Ab/Mc Case No. CV-F-98-5266 REC. (Government Code Section
54956.9 (a)) -
Pz-Pr RECONVENED FROM CLOSED SESSION; RECESSED TO 2:00 P.M.
Tracey E .~ Cody iOn
Administrative coord ator
Kenneth W Peterson
Chairman, Board of Supervisors
SUMMARY OF PROCEEDINGS
BOARD OF SUPERVISORS - COUNTY OF KERN
1115 Truxtun Avenue
Bakersfield, California
Regular Meeting
Tuesday, May 23, 2000
BOARD RECONVENED
Supervisors: McQuiston, Perez, Patrick, Peterson, Parra
ROLL CALL: 4 Present; 1 Absent: Supervisor McQuiston
NOTE: Chairman Peterson announced that Supervisor
McQuiston .is meeting with the Governor of Nevada to brief
him on the Southwest Defense Complex and the Southwest
Defense Alliance
CONSENT AGENDA/OPPORTUNITY FOR PUBLIC COMMENT: ;iLL ITEMS
LISTED WITH AN ASTERISK (*) OR A NUMBER SIGN (#) WERE
CONSIDERED TO BE ROUTINE AND APPROVED BY ONE MOTION.
BOARD ACTION SHOWN IN CAPS
KERN SANITATION AUTHORITY
Pz-Pr #1) Proposed Ordinance concerning collection of Sewer Service
4 Ayes Charges on the Tax Roll for Fiscal Year 2000-2001 -
i Ab/Mc ENACTED ORDINANCE S-125
Pz-Pr #2) Proposed Resolution directing preparation of Written
4 Ayes Report of Sewer Service Charges for K~rn Sanitation
1 Ab/Mc Authority-and setting a public hearing to consider said
report on Tuesday., June 27, 2000, at 2:00 p.m. ADOPTED
RESOLUTION 2000-158; DIRECTED CLERK OF THE BOARD TO
PUBLISH NOTICE OF FILING OF REPORT AND HEARING; MADE
FINDING THAT PROJECT IS EXEMPT FROM CEQA; DIRECTED CLERK
OF THE BOARD TO FILE NOTICE OF EXEMPTION
FORD CITY-TAFT HEIGHTS SANITATION DISTRICT
Pz-Pr #3) Proposed Ordinance concerning collection of Sewer Service
4 Ayes Charges on the Tax Roll for Fiscal Year 2000-2001 -
i Ab/Mc ENACTED ORDINANCE S-126
Pz-Pr #4) Proposed Resolution directing preparation of Written
4 Ayes Report of Sewer Service Charges for Ford City,Taft
1 Ab/~c Heights Sanitation District and setting a public hearing
to consider said report on Tuesday, June 27, 2000, at
2:00 p.m. - ADOPTED RESOLUTION 2000-159; DIRECTED CLERK
OF THE BOARD TO PUBLISH NOTICE OF FILING OF REPORT.AND
HEARING; MADE FINDING THAT PROJECT IS EXEMPT FROM CEQA;
DIRECTED CLERK OF THE BOARD TO FiLE NOTICE OF ~XEMPTION
Summary of Proceedings Page 9
Board of Supervisors Regular Meeting 05/23/2000
PUBLIC PRESENTATIONS
5) This portion of the meeting is reserved for persons to
address the Board on any matter not on this agenda but
under the jurisdiction of the Board. Board members may
respond briefly to statements made or questions posed.
They may ask a question for clarification, make a
referral to staff for factual information or request
staff to report back to the Board at a later meeting.
Also, the Board may take action to direct the staff to
place a matter of business on a future agenda. SPEAKERS
ARE LIMITED TO TWO MINUTES. PLEASE STATE YOX/R NAME
BEFORE MAKING YOUR PRESENTATION. THANK YOU! NO ONE
HEARD
BOAP/] MEMBER ~/gNOUNCEMENTS OR REPORTS
6) On their own initiative, Board members may make an
announcement or a report on their own activities. They
may ask a question for clarification, make a referral to
staff or take action to have staff place a 'matter of
business on a future agenda (Gov. Code Sec. 54954.2[a]) -
SUPERVISOR PEREZ COMMENTED ON HIS WORK IN SACRA~4ENTO, THE
GOVERNOR'S MAY STATE BUDGET REVISIONS, AND FISCAL REFORM
BY LOCAL GOVEPdgMENT
SUPERVISOR PETERSON EXPRESSED APRECIATION TO SUPERVISOR
PEREZ FOR HIS WORK AT THE STATE LEVEL
DEPARTMENTAL REOUESTS
RESOURCE MANAGEMENT AGENCY
Planning Department
Pz-Pr *7) Notification of Kern County Planning Department's receipt
Ayes of the Interstate Oil and Gas Compact Commission
Ab/Mc Environmental Partnership Award - RECEIVED AND FILED
RESOURCE MANAGEMENT AGENCy
Engineering and Survey Services
Pz-Pr *8) Proposed Formation of Allen Road Underground Utility
Ayes District - ADOPTED RESOLUTION 2000-160; ESTABLISHED
Ab/Mc ThTESDAY, JL~ 20, 2000, AT 2:00 P.M. FOR PUBLIC HEARING;
DIRECTED CLERK OF ~ BOAP~D TO GIVE NOTICE
Summary of Proceedings Page 10
Board of Supervisors Regular Meeting 05/23/2000
RESOURCE MANAGEMENT AGENCY
Roads Department
S.D. ~1 .~'
Pz-Pr *9) Proposed Agreement with Nichols Consulting Engineers,
4 Ayes Chtd., for preparation of plans, special provisions and
I~Ab/Mc estimate for the Erskine Creek Road bridge and bike path
project, in an amount not to exceed $85,000 APPROVED;
AUTHORIZED C~AIRMAN TO SIGN AGReEMeNT 399-2000
S.D.'s ~3 & #5
PzfPr *10) ~ Proposed Agreement with Omni-Means, Ltd., for preparation
Ayes of plans, special provisions and estimate for the Niles
A~/Mc Street median and signal interconnection project, in an
amount not to exceed $241,906 - APPROVED; AUTHORIZED
CHAIRMAN TO'SIGN AGREEMENT 400-2000
WASTE MANAGEMENT
Pz-Pr *11) Proposed Amendment No. 2 to Agreement 21294-98 with
Ayes Mitchell Brown General Engineering, Inc., to provide
A~/Mc operational services at the McFarland-Delano Transfer
Station for Fiscal Years 1999-2001, in an amount not to
exceed $480,000 - APPROVED; AUTHORIZED CHAIRMAN TO SIGN
AGREEMENT 401-2000
S.D. ~4
Pz-Pr '12) Proposed Resolution to set public hearing for T~esday,
Ayes June 27, 2000, at 2:00 p.m., to consider an Amendment to
Ab/Mc the Siting Element of the Countywide Integrated Waste
Management Plan concerning closure of Lebec Sanitary
Landfill - ADOPTED RESOLUTION 2000-161~ DIRECTED CLERK OF
THE BOARD TO PUBLISH NOTICE OF HEARING
Pz-Pr '13) Proposed Resolution to set public hearing for Tuesday,
Ayes July 25, 2000, at 2:00 p.m., to consider the Universal
Ab/Mc Collection report for Metropolitan BakerSfield, billing
residential collection service charges on the Property
Tax bill, and establishing reduced Automated CoIlection
Rates for the Universal Collection area RECEIVED AND
FILED; ADOPTED RESOLUTION 2000-162; DIRECTED WASTE
MANAGEMENT TO IDENTIFY ALL PARCELS UPON.W~ICH THE CHARGE
IS PROPOSED; DIRECTED COUNTY COUNSEL TO PREPARE, AND
CLERK OF T~E BOARD TO PUBLISH, F~72~RING NOTICE; DIRECTED
COUNTY COUNSEL TO PREPARE, AND CLERK OF THE BOARD TO
~ MAIL, NOTICE OF PROTEST HEARING TO PARCEL OWNERS;
DIRECTED COUNTY COUNSEL TO PREPARE ORDINANCE
Summary of Proceedings Page 11
Board of Supervisors Regular Meeting 05/23/2000
COUNTY ADMINISTRATIVE QFFICE
Pz-Pr '14) Proposed Board of Supervisors' response to Grand Jury
Ayes Final Report regarding Waste Management Department and
Ab/Mc code enforcement activities - APPROVED; AUTHORIZED
CHAIRMAN TO SIGN
Pz-Pr '15) ApPropriation of unanticipated revenue from premiums for
4 Ayes employee group health insurance program - APPROVED
1 Ab/Mc 'APPROPRIATION OF UNANTICIPATED REVENUE IN THE AMOUNT OF
$1,898,689 TO APPROPRIATIONS FOR CONTINGENCIES; APPROVED
BUDGET TRANSFER FROM APPROPRIATIONS FOR CONTINGENCIES
(ISF) TO BUDGET UNIT 8960 IN THE AMOUNT OF $1,898,689
Pz-Pr '16) Proposed amendment of KernSFlex AdvisoryCommittee Bylaws
4 Ayes to revise meeting schedule requirements - APPROVED
i Ab/Mc
Pz-Pr .17) Proposed' Resolution approving documents and issuance of
4 Ayes Tax and Revenue Anticipation Note for Fiscal Year 2000-
I Ab/Mc 2001 - ADOPTED RESOLUTION 2000-163; AUTHORIZED CHAIRMAN
TO SIGN NECESSARY DOCUMENTS RELATED TO TRANISSUANCE
Pz-Pr .18) Proposed application for grant funding from the United
4 Ayes States Department of Justice in the amount of $1,500,000
I Ab/Mc to partially fund twenty (20) additional Deputy Sheriff
positions for three years -.AUTHORIZED CAOAND SHERIFF TO
SUBMIT APPLICATION
Pz-Pa 19) Report on referral regarding Court unification in Kern
4 Ayes County - THE HONORABLE ROGER RANDALL, JUDGE, KERN COUNTY
1 Ab/Mc SUPERIOR COURT, AND THE HONORABLE. FRANK HOOVER, JUDGE,
BAKERSFIELD MUNICIPAL COURT, HEARD; 'ADOPTED POSITION IN
SUPPORT OF PRESERVING LEVELS OF SERVICE IN KERN COUNTY'S
BRANCH COURTS
COUNTY ADMINISTRATIVE OFFICE
General Services Divimio~
Pz-Pr *20) (1650.7235) Plans and Specifications for HVAC systems
4 Ayes remodel at the Mental Health Building - APPROVED;
1 Ab/Mc AUTHORIZED CHAIRMAN TO SIGN; AUTHORIZED GENERAL SERVICES
TO PUBLISH PURSUANT TO PUBLIC CONTRACT CODE SECTION
20125; BID OPENING TO BE TUESDAY, JUNE 13, 2000, AT 11:00
A.M.
Pz-Pr '21) (5120.7001B) Plans and Specifications for recarpeting
4 Ayes Jamison Children's Center - APPROVED; AUTHORIZED CHAIRMAN
i Ab/Mc TO SIGN; AUTHORIZED GENERAL SERVICES TO PUBLISH PURSUANT
TO PUBLIC CONTRACT CODE SECTION 20125; BID OPENING TO BE
TUESDAY, JUNE 13, 2000, AT 11:00 A.M.
Summary of Proceedings Page 12
Board of Supervisors Regular-Meeting 05/23/2000
Pz-Pr *22) (8212.8359) Proposed Request for Proposal for
4 Ayes architectural/engineering services for the design of the
i Ab/Mc new central plant facility at Kern Medical Center
APPROVED; AUTHORIZED GENERAL SERVICES TO ISSUE
Pz-Pr '23) (8997.7001DB) Request for approval to exceed the 10%
4 Ayes limit on changes to a Purchasing Agent Agreement for
I Ab/Mc extra work performed during floor replacement at the Kern
Medical Center laundry-room, in the amount of $11,276
FOUND THAT BIDDINGEXTRAWORK WOULD HAVE BEEN UNDESIRABLE
AND IMPRACTICAL; APPROVED
Pz-Pr '2~) Appropriation of unanticipated revenue in the amount of
4 Ayes $252,000 in Communications and Construction Services
1 Ab/Mc Budget Units - APPROVED APPROPRIATION OF UNANTICIPATED
REVENUE IN THE AMOUNT OF $252,000 TO APPROPRIATIONS FOR
CONTINGENCIES; APPROVED 'BUDGET TRANSFER FROM
APPROPRIATIONS FOR CONTINGENCIES TO COMMUNICATIONS,
BUDGET UNIT 1510, IN THE AMOUNT OF $155,000 AND TO
CONSTRUCTION SERVICES, BUDGET UNIT 1640, IN THE AMOUNT OF
$97,000
MATTERS FOR EXECUTIVE APPROVAT,
Pz-Pr *25 Budget Transfers - APPROVED #208 THROUGH #219
'4 Ayes
1 Ab/Mc
Pz,Pr *26) Minutes for week of May 1, 2000 - APPROVED
4 Ayes
1 Ab/Mc
Pz-Pr *27) Miscellaneous Letters and Document~ - FILED
.4 Ayes .
i Ab/Mc
Pz-Pr *28) Miscellaneous Departmental Referrals by Clerk of the
4 Ayes Board - APPROVED AND FILED
1 Ab/Mc
Pz-Pr *29) Claims and Lawsuits filed with and referred by Clerk of
4 Ayes the Board - APPROVED AND FILED
1 Ab/Mc
Pa-Pr ADJOURNED TO TUESDAY, MAY 30, 2000, AT 9:00 A.M.
Susan McClure
Deputy Clerk
Kenneth W. e
Chairman, Board of Supervisors
Summary of Proceedings Page 13
Board of Supervisors Regular Meeting 05/23/2000
27) MISCELLANEOUS LETTERS AND
DOCUME~TS
FILEQ
Auditor-Controller-County Clerk
A) Report on Current Internal Controls and Financial Records
of the Veteran's Service Department
Board of Supervisors
B) Memorandum from Supervisor Peterson re vacancy for West
Side Mosquito and Vector Control District, replacing
Stanley Cooper (Copies to each Supervisor and CAO)
Clerk of the Board
C) Received, certified and forwarded to Recorder for
recordation as follows:
1) Tract Map 5529-Phase 1 (S.D #2
2) Tract Map 5658-Unit 5 (S.D #3
3) Tract.Map 5658-Unit 6 (S.D #3
4) Tract Map 5928-Phase D (S.D #4
5) Tract Map 5928-Phase F (S.D #4
6) Tract Map 5928-Phase H (S.D
7) Tract Map 5934-Unit 3 (S.D
8) Tract Map 5938-Phase 2 (S.D #3
9) Tract Map 5951 (S.D
10) Tract Map 5955-Phase A (S.D #4
11) Tract Map 5955-Phase B (S.D
12) Tract Map 5958-Phase 1 (S.D #2
13) Parcel Map 10566 (S.D ~2
14) Parcel Map 10591-Phase 1 (S.D #1
Local Aaency Formation Commission
D) Notice of Hearing in the matter of Sphere of Influence
Amendment for North of the River Sanitary District
(Copies to each Supervisor and CAO)
E) Letter from U.S. Department of Agriculture re Draft
Environment'al Impact Statement, Sierra Nevada Forest Plan
Amendment (CoPies to each Supervisor, CAO, Planning and
County Counsel)
F) Nine (9) cards in support of the Borba Dairy Project
(Copies to each Supervisor, CAO, Environmental Health,
County Counsel and Planning)
G) Letter from U.S. Department of Agriculture re "Green
Sticker" funds extension of comment period to Friday, May
26, 2000 (Copies to each Supervisor, CAO, Sheriff,
Planning and CountyCounsel)
H) Letter from U.S. Department of Agriculture re Draft
Environmental Impact Statement for proposed RoadlessArea
Conservation Rule (Copies to each Supervisor, CAO,
Planning and County Counsel)
I) Letter from coalition to Protect the Children re a
"Pesticide Awareness Forum" on Wednesday, May 31, 2000
(Copies to each Supervisor, CAO, Agriculture
CommissiOner, Environmental Health and Fire Department)
Summary of Proceedings Page 14
Board of Supervisors Regular Meeting 05/23/2000
J) Letter from Daniel Abbott, California Chapter of American
College of Emergency Physicians, re EMS fund
administration (Copies to each Supervisor, CAO, Emergency
Medical Services and County Counsel)
K) Letter from California Highway Patrol re Hazardous
Materials Incident Report in Mojave on Wednesday, May 10,
2000 (Copies to each Supervisor, CAO, Environmental
Health and Fire-Haz Mat)
L) Letter from California Highway Patrol re Hazardous
Materials ~incident Report in Mojave on Friday, May 5~
2000 (Copies to each Supervisor, CAO, Environmental
Health and Fire-Haz Mat)
M) E-mail from Brian K. Morrow re Palm/Olive Concerned
Citizens (Copies to each Supervisor and CAO)
N) Memorandum from Bob Douglas re support of S. 1608 and
National Forest Counties & Schools Coalition (Copies to
each Supervisor, CAO, Planning and County Counsel)
O) Agenda of meeting from CALFED Bay-Delta Program, Bay-
Delta Advisory Council, on Wednesday; May 17, 2000
(Copies to 'each Supervisor, CAO, Planning and County
Counsel)
P) Agenda of meeting-from CALFED Bay-Delta Program, CALFED
Policy Group, on Wednesday, May 24, 2000-(Copies to each-
Supervisor and CAO)
Q) Notice from Cal'ifornia Public Utilities Commission re
notice of proposed Southern California Gas Company rate
increase, Application No. 00-05-002 (Copies to each
Supervisor, CAO, General.Services and County Counsel)
R) Bulletin from American Land Rights Association, National
Inholders Association (Copies to each Supervisor, CAO~
County Counsel and Planning)
28) LETTERS RECEIVED AND REFERRED BY CLERK OF THE BOA/{D -
APPROVED .AND FILED
A) Applications for alcohol beverage licenseis): Nelda's
Diner, 5128 Lake .Isabella Boulevard, Lake Isabella;
Rancho Market, 21199 Highway 46, Lost Hills; Manuels
Tacos, 2945 Niles Street, Bakersfield; Greenacres Liquor,
10725 .Rosedale Highway, Bakersfield REFERRED TO
PLANNING (Copies to each Supervisor and CAO)
B) Letter from .Craig E. Swanson, 'M.D., re handicapped
parking issue - REFERRED TO GENERAL SERVICES (Copies to
each Supervisor and CAO)
29) CLAIMS_AND LAWSUITS FILED WITH AND REFERRED BY THE CLERK
OF THE BOARD - APPROVED AND FILED
': A) Claim in the matter of Angela.Armstrong vs Kern County -
REFERRED TO COUNTY COUNSEL (Copy to Risk Management)
B) Claim in the matter of Michael G. Pern~y vs Kern County -
REFERRED TO' COUNTY COUNSEL (Copy to Risk Management)
C) Claim in the matter of Abbioail Bt?den vs Kern County -
REFERRED TO COUNTY COUNSEL (Copy'to Risk Management)
BAKERSFIELD
Economic and Community Development Department
MEMORANDUM
May 24, 2000
TO: Alan Tandy, City Manager
FROM: Jake Wager, Economic Development Direc
SUBJECT: Housing & Community Development (HCD) Activities - Selected
Areas
This memo is in response to a request by Councilmember Mark Salvaggio last week to
identify HCD activities in the past three years that have been completed or under
construction for the following general areas: Casa Loma area; Union Avenue area; and
the California Avenue/Lakeview area. The HCD activities identified in this memo had a
total budget of $3,579,870 in City funds and $4,662,000 in leveraged (non-City) funds.
The overall total cost for all the projects in the subcategories listed below is $8,241,870
($3,579,870 City funds and $4,662,000 in non-City funds). Further discussion of these
budgets by project sub-categories are outlined below.
CAPITAL IMPROVEMENT PROJECTS
1. Neighborhood Street L~qhting Improvement Project (PH II)
Approximately $52,000 was budgeted for upgrading of existing street lights to City
standards and the placement of new street lights and poles to existing residential
streets in an area bounded by East California Avenue on the north, the Southern
Pacific RR tracks on the east and south, and Lakeview Avenue on the west.
Installation was completed last February.
2. Casa l_oma #6 Curb and Gutter Project
Funds in the amount of $16,500 were budgeted for design of curb and gutter
improvements in the Casa Loma #6 Area. First phase of curb and gutter installation
was completed last November. The subtotal for this category is $418,000 in City
funds and $825,000 in non-City funds. Phase II include improvements along
Madison Street between Casa Loma Drive and Watts Drive. This phase is in design
and construction is scheduled to start by June.
S:\DEBBIE'S\FinalSpecialActivities 1
[CITY MANAGER'S OF~I~CE
3. Casa Loma #6 Annexation Street Improvement Project
Approximately $110,250 was budgeted for street improvements which included
installation of sump and storm drain lines was completed last year.~ Phase II which
involves additional street improvements and street light upgrades will be completed
this summer when P G&E energizes remaining lights by the beginning of June.
4. Casa Loma #6 Storm Drain (Phase II)
Funds in the amount of $275,000 were budgeted for design and construction of
storm drainage improvements to alleviate drainage problems in the Casa Loma #6
Area. Design for storm drains and acquisition of a future sump site has been
completed. Installation of sump and storm drain lines expected to start in July.
5. Casa l_oma #6 Fire Hydrant and Water System Improvement Project
Funds in the amount of $290,750 for design and construction of fire hydrant
installation and water line upgrade were budgeted for this project. Preliminary
design is underway. A project agreement between the City and Cai-Water
Company is anticipated to go before the City Council for approval in June.
6. Casa Loma #6 Street Improvement Project (Phase III)
Funds in the amount of $50,000 were budgeted for street improvements in the Casa
Loma #6 area. First phase of curb and gutter installation and street reconstruction
was completed last November. Phase II street improvements will occur on Madison
Street between Casa Loma Drive and Watts Drive. Construction for this phase is
scheduled to start in June.
7. Street Improvement Project
Funds in the amount of $300,000 were budgeted for street materials for street
resurfacing in CDBG eligible neighborhoods. Installation of street materials started
in Casa Loma #6 last April and Phase I was completed last November. Phase II will
involve street improvements on Madison Street between Casa Loma Drive and
Watts Drive. Construction of this phase is scheduled to start by June.
8. Union #10 Street Improvement Project
Funds in the amount of $39,500 were budgeted for street materials to improve the
streets in the Union #10 area. Asphalt work, curb and gutter installation and
sidewalk reconstruction is scheduled to start in late May.
9. Martin Luther King Jr. Community Center HVAC (Phase II)
Funds in the amount of $14,500 were budgeted for the installation of two HVAC's
to an existing neighborhood community center. Installation was completed last
January.
10. MLK Jr. Community Center Kitchen and Conf. Room Rehab. Project
Funds in the amount of $10,500 were budgeted to rehabilitate the kitchen and
conference room at the MLK Jr. Center. General Services completed the
remodeling last October, and the built-in appliances were installed last January.
S:\DEBBI E'S\FinalSpecialActivities 2
MLK Jr. Community Center Tennis Court Resurfacing Project
Funds in the amount of $11,500 were budgeted to resurface two tennis courts an~
two practice courts at the MLK Center. Design is underway and installation is
planned for this summer.
12. MLK Jr. Playground Improvement Project
Funds in the amount of $92,100 were budgeted to install handicap accessible
playground equipment and surfacing. Installation is scheduled for this summer.
13. MLK Jr. Community Center Driveway Installation
Installation of a 2,800 + square foot rear entrance driveway to allow direct access
to major meeting rooms when delivering equipment to the community center.
Approximately $8,200 in improvements was made to the building.
14. MLK Jr. Community Center Parking Lot Project
Approximately $71,000 was budgeted to reconstruct, and to enlarge the parking lot
at the MLK Center. Outdoor parking lot lighting was also installed and construction
was completed in 1998.
15. Union A ye. #10 Area Water Main & Fire Hydrant Upgrade Improvement Project
The City's budgeted approximately $513,000 for design and construction of 7,000+
I.f. of water line in the Union #10 Area Annexation. Improvements are owned and
operated by Cai-Water. Project was completed last year. Cai-Water contributed
about $45,000 towards the project.
16. Neighborhood Street Lighting Improvement Project (PH II)
Approximately $52,000 was budgeted to upgrade existing street lights to City
standards and the placement of new street lights and poles to existing residential
streets (in an area bounded by East California on the north, the Southern Pacific RI:{
tracks on the east and on the south and Lakeview Avenue on the west). The project
was completed last year.
17. Filson Street Cul-de-sac Project
Funds in the amount of $45,000 were budgeted for a landscaped cul-de-sac at the
east end of Filson where it now intersects with Hale Street. Design was finished,
and additional right-of-way was acquired last October. Construction was completed
last February.
18. South Union Avenue Median Landscape Project
Funds in the amount of about $60,000 were budgeted for street related
improvements within the public right-of-way along South Union Avenue from
Brundage Lane to Ming Avenue to facilitate traffic flow, drainage and to enhance
visual appearance. The total project is estimated to be $993,000. The project
budget consists of $873,000 of Transportation Enhancement Activities Program
(TEA) funds and $60,000 of federal funds from the County CDBG program. A
project agreement between the City and County is scheduled for Council approval
May 24. Construction is scheduled to start in July.
S:\DE BBIE'S\FinalSpecialActivities 3
19. Union #10 Street Improvement Project
Funds in the amount $57,500 were budgeted to provide materials and installation
to reconstruct streets and install curbs and gutters in the Union #10 area. Asphalt
work, curb and gutter installation and sidewalk reconstruction is scheduled to start
in late May.
20. Clearance and Demolition Program
Funds in the amount of about $78,000 have been expended for demolition and/or
abatement of various lots in the Union Avenue/Lakeview Avenue/California Avenue
area.
The subtotals for this category are $2,147,000 in City funds and $978,000 in non-
City funds.
NON-PROFIT/PUBLIC FACILITY PROJECTS
MAOF Child Care Center Project
An agreement between the City and the Mexican American Opportunity Foundation
(MAOF) was executed last year to transfer title of property located on East
California Avenue to MAOF for a child care center. The property was formerly
owned by Clinica Sierra Vista Community Services Center and purchased with
CDBG funds for use as an urgent care drop-in facility. Budget was $228,000. The
total project cost is about $628,000. The remainder of the funds ($400,000) will
come from MAOF funding sources for three modular classrooms and landscaping.
2. Bakersfield Police Activities League (PAL) Youth Center & Rehabilitation
Project
The City Council approved $116,000 to purchase approximately 6 acres for the
installation of athletic playing fields at 301 4th Street Facility (near Union Ave.).
Escrow closed last month. The total cost of the project is about $541,000. The
remainder of the funds ($425,000) will come from the County of Kern and PAL.
3. Bakersfield Senior Citizens Center
The roof rehabilitation was completed last November at the Bakersfield Senior
Center located at 530 4th Street. The budget was approximately $74,000.
The subtotals for this category are $418,000 in City funds and $825,000 in non-City
funds.
NEIGHBORHOOD REVITALIZATION AND HOUSING
1. First Time Home Buyers (FTHB) Program & Single Family Housing
In the Lakeview Avenue/California Avenue area the FTHB program processed
approximately 26 loans from the HOME entitlement for first time home buyers
totaling about $56,700 The amount of leveraged funds was about $1,820,000 from
other housing funds. Additionally, approximately 26 rehabilitations were completed
S:\DEBBIE'S\FinalSpecialActivities 4
at a cost of about $640,000 and approximately 78 Home Access grants were
completed at a cost of about $95,370.
2. Enterprise Zone Marketinq/Training
The City, County, Employers' Training Resource (ETR), and Kern Economic
Development Corporation market the Enterprise Zone, and the City and County
each contribute one-half ($13,000) of the annual total funding ($26;000). A new
project agreement was approved last month for a similar amount. Over the past
three years this amounts to about $39,000 in City funds for marketing/training.
3. Habitat for Humanity
City Council approved an agreement with Habitat for Humanity in November of
1999. The agreement will allow Habitat for Humanity to borrow up to $43,500 to
assist in the construction of three single-family homes on lots acquired from the
City. These homes will be located at 1424 and 1500 Ralston Street and 1421 Gorrill
Street.
4. Green Garden Affordable Housing Project
Approximately $140,000 in infrastructure improvements has been allocated by the
City to construct infrastructure improvements to benefit an affordable multi-family
housing project located at 2300 South Union Avenue. Building construction is
complete and tenancy occupation is underway. Infrastructure improvements are
expected to be completed by this summer. Total cost of the project was about $1.1
million.
The subtotals for this category are $1,014,570 in City funds and $2,859,000 in non-City
funds
In summary, the subtotals are:
Cateqory City Non-City
Capital Improvement Projects $2,147,000 $978,000
Non-profit/Public Facility Projects $418,000 $825,000
Neighborhood Revitalization and Housing $1,014,570 $2,859,000
$3,579,870 $4,662,000
S:\DEBBIE'S\FinalSpecialActivities 5