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HomeMy WebLinkAbout09/22/00 BAKERSFIELD CITY MANAGER'S OFFICE MEMORANDUM September 22, 2000 TO: HONORABLE MAYOR AND CITY COUNCIL FROM: ALAN TANDY, CITY MANAGER SUBJECT: GENERAL INFORMATION 1. Congratulations to Councilmember Maggard - KernCOG has approved the Fairfax interchange. 2. City Center project information and updates: · Councilmember Maggard has requested detailed financial information on the project. It will require a great deal of input from the developers, and as Ray OImscheid is on vacation for two weeks, we will need to wait for his return. However, staff is actively working on the request. · Councilmember Carson inquired about the affordability of tickets in the California League. The attached information indicates very moderate pricing - from $3.00 to $7.00, and these are the prices on the new stadiums, with General Admission at $4.00 in the majority. · A second cut of the CRC study arrived for staff review. It was improved, but still needs technical corrections. Comments are being made promptly to try to 'get a final copy out soon. · Per a request at an earlier meeting of the Ad Hoc Committee, information regarding financing structures of other baseball stadium proposals was sent in last week's General Information packet and to the Committee and Agency members. There were two studies from 1995, the Bakersfield Stadium Feasibility Study and Business Plan and Master Plan Study-New Ball Park, which were not distributed, due to their voluminous size, but are available in the City Manager's office for anyone who is interested or would like an individual copy. Honorable Mayor and City Council September 22, 2000 Page 2 3. The Urban Development Committee accepted the Development Streamlining Task Force's report, so it will be on the next Council agenda. Four unresolved items were held by the Committee for some additional work. 4. A memo from the City Attorney's office regarding the progress of the graffiti program, including the program changes that have been made, is enclosed for your information. The impression given at the Joint City/County meeting was that there is a pending ordinance change that would make the program much better. That was overstated. The memo reflects that progress is being made, however. 5. A report on the success of the 2000 neighborhood concert series and Rockin' by the River concerts is encloSed. Staff will begin planning both series for next year and would welcome your input. 6. Recreation and Parks has provided the attached status report on the plans for replacement of nine trees in the Truxtun Avenue medians. Based on contact with the Tree Foundation, they would like to change out from evergreens to canopy trees. Please let us know if that is a problem. 7. Per the enclosed memo from the Police Chief, there will be expanded information and instructions available on the City's web site for citizens to obtain more data on juvenile/sex crime offenders. 8. The enclosed California Department of Justice Crime Statistics for Bakersfield for the period of January through July, 2000 reflect an overall crime reduction (-9.4%) and significant reduction in reported violent crimes (-19.8%). Congratulations on a continuing trend! 9. A report on the Community Revitalization Meeting held on Saturday, September 16th, is enclosed. It includes recommendations and comments from those who attended. 10. An update on Propositions 12 and 13, prepared jointly by Water Resources and Recreation and Parks, is enclosed for your information. 11. The Anti-Graffiti Program reports for July and August are attached. 12. Responses to Council requests are enclosed, as follows: City Council requests from the joint meetinq held on September 11th · Information on the County's 1,000 sewer trunk tie-in proposal and the potential impact on City Service; ~ ~. Honorable Mayor and City Council September 22, 2000 Page 3 · Presentation to the Board of Supervisors regarding the imPlementation process for enhanced traffic light enforcement - Assistant City Manager John Stinson is working with the Police Department to coordinate a presentation for the Board. Councilmember Carson · (Requested by Councilmembers Carson and DeMond) Information on the Environmental Enhancement and Mitigation Program, in relation to possible grant funds for beautification of Lakeview, the downtown streetscape, Old Town Kern, and Southeast Bakersfield; · Public hearing notice for surface mining permit at 2416 East Planz Road; · Response to citizen regarding the determining body for funding or resources allocated to the Southeast PAC. Councilmember DeMond · (Requested by Councilmembers DeMond and Couch) Traffic enforcement on Beech and Montclair Streets; · Schedule for URS Greiner study meetings and on-going updates; · Correspondence sent to citizen addressing concerns related to zone change at Ming Avenue and Canter Way; Councilmember Maggard · Report on traffic issues resulting from a subdivision development near Thorner School. Councilmember Couch · Response to citizen regarding preservation of the Spenser House; · Request from developer for consideration of ownership of landscape right-of- ways; · Staff's review of Moore Dairy proposal draft EIR and correspondence to the Board of Supervisors re-stating Council's position on such projects; · Status of road repair on Noriega Road, between Jewetta and Allen Road; · Status report on timing/funding for left turn signal at 24th and Chester and possible improvements to Ming/Freeway 99 on-ramp. Councilmember Green · Information on factors considered in granting incentives to existing and new businesses. Councilmember Salvaggio · Time line for installation of traffic signal on west side of Highway 99 and Taft Highway. AT:rs cc: Mayor-Elect Harvey Hall Department Heads Pamela McCarthy, City Clerk Trudy S~ater, Administrative Analyst California League Ticket Prices (Individual Pricing) - September 2000 Gen. Adm. Reserved/ Preferred/ Box Seat MVP Cafe/ General Child/Sen/ Preferred Reserved Box Senior/ Upper Super Reserved Dugout Club Field Exec. Kids 5& Kids in Grass Admission Senior/Mil Seat Grandstand Seat Youth Bo.....~x Box Seat Box Seats Bo~x Bo.__~x Under Uniform r~o[~n u~w~,on: Bakersfield.Blaze $4.00 $6.00 Free Free Modesto A's $4.00 $5.00 $6.00 $7.00 Mudville Nine $6.00 $3.00 $7,00 $7.50 San Jose Giants $6.00 $4.00 $8.00 Visalia Oaks $4.00 $3.00 $6.00 $6.00 $5.00 South Division: High Desert Mavericks $4.00 $6.00 Lake Elsinore Storm $4.00 $5.00 $6.00 $7.00 Lancaster Jethawlks $3.00 $4.00 $5.00 $7.00 Rancho Cucamon~a Quakes $6.00 $8.00 $5.00 $7.00 San.Bernardino Stampede $4.00 $5.00 $7.00 P:V~,T~Baseball\CalLeagueTickets MEMORANDUM September 21, 2000 TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS BART J. THILTGEN, CITY ATTORNEY /~ FROM: ¢~ SUBJECT: GRAFFITI This memorandum is written in response to comments on the subject of graffiti made at the last Joint Meeting of the Bakersfield City Council and Board of Supervisors. One area of concern expressed at this meeting was a perceived lack of aggression in the prosecution of graffiti violations. Recently, the Kern County District Attorney's Office re-assigned the deputy district attorney at Juvenile Hall and assigned Deputy District Attorney Bob Barton to the task. Mr. Barton has many years of experience as a District Attorney and has already made great strides in the area of graffiti prosecutions. In particular, Mr. Barton insures that specific search terms are included as a provision of probation for graffiti offenders. This is a tool that the Police Department has desired for some time and gives them greater ability to monitor repeat offenders. It also sends a message to the community that both the City and County are serious about graffiti. As a result of the high level of cooperation between the City and the County in this regard, City staff believes that criminal graffiti prosecutions have already become more productive. In terms of our Bakersfield Municipal Code, the memorandum dated July 27, 2000 to the Honorable Mayor and City Council by the City Attorney highlights this area. To recap, since graffiti provisions are State law, the City of Bakersfield is pre-empted from imposing penalties for the same crime in excess of those established by the Legislature. Our City ordinance is comprehensive and there does not appear to be a need to amend it at this time. Finally, staff is in the process of scheduling a meeting between the various City and County staff members associated with graffiti so that we can discuss our respective programs and what we can learn from another. Items of particular interest will be shared at the next joint County/City meeting in December 2000. _ RECEIVED BJT/GG:alj cc: Alan Tandy, City Manager Brad Underwood, General Services Superintendent Lt. Donald DeGeare, Bakersfield Police Department Sean Cacal, Graffiti MAN,~GER S S:\Building\Code EnflGRAFFITl\CORRES\MayorCouncilMmo. Graffiti.wpd I SEP 1920 0 I · ' ! DEPARTMENT OF RECREATION AND PARKS DATE: September 15, 2000 TO: Alan Tandy, City Manager FROM: Stan Ford, Director of Recreation and Parks SUBJECT: Concerts in the Parks In 1999, the city council approved two new free concert series. These concerts, as proposed by the department, were intended to reach a much larger and varied audience than those being served by the band concerts at Beale Park (Ward 1) and the summer series at Silver Creek Park (Ward 6). The Traveling Tunes 'series was designed to be held in areas not currently served by the existing series. These performances were as follows: Ward Park' Performer Type of Music 1 MLK Various Artists Gospel 2 Jefferson Feliz Latin Jazz Central Eddie & the Brushfire Blues. 3 Siemon Blarney Rubble Celtic 4 Pin Oak Sunny Wright Jazz 7 Wilson Union Made Country Rock In addition to Traveling Tunes, a classic rock series, Rockin' by the River, was to be held at Yokuts Park (Ward 5). Yokuts Park was chosen as the site based on it's central location and accessibility, as well as being in a location that would not negatively impact a residential area. In 1999, Rockin' by the River averaged approximately 200-300 spectators. For 2000, the department proposed enhancing the series with "known" artists from the 1960's-1970's. This proposal was first referred to the Community Services Committee then, based on a favorable recommendation, approved by the council. The concert audiences this year were estimated as (1) Poco - 3,000, (2) Eric Burdon and the New Animals - 6,000, and (3) Savoy Brown - 2,000. Based on comments and interest for next year, we believe that Rockin' by the River is not only a great success but also one of the best family activities available in Bakersfield. In December, we will begin planning both series for 2001. This planning will include selecting sites, dates, and artists. We welcome any input or suggestions from either you or the council. Eddie and the Brushfire Savoy Brown c: Citizens Community Services Advisory Committee MANAGER'S DEPARTMENT OF RECREATION AND PARKS DATE: September 20, 2000 TO: Alan Tandy, City Manager FROM: Stan Ford, Director of Recreation and Parks SUBJECT: Urban Forest Management On April 13, 2000, the department made a presentation to the City Council regarding urban forest management. As part of this presentation, we described the need to remove and replace nine trees in the Truxtun Avenue medians. This recommendation has the support of several interest groups. During our presentation, we stated that we would be replacing the nine trees with trees of a similar species. After further consideration, we would like to change that recommendation to be that the trees would be replaced with a species that helps create a canopy along Truxtun. This canopy would be similar to, and consistent with, the one that is being created along Chester Avenue and the new downtown streetscape project. This plan would also partially address the Tree Foundation of Kern's desire to increase the downtown canopy. I have discussed this plan with Rick Hewitt of the Tree Foundation and he indicated his support for the plan. Species to be utilized are (see attached planting scheme): · Chinese Pistache (Al) · Chinese Hackberry (B1) · London Plane (Cl) These trees were selected because of canopy size and pest and environmental tolerances. As additional trees need to be replaced, we plan to utilize the same species and follow a systematic plan. If you or the council have any comments, suggestions, or concerns, please let us know. Our current schedule calls for the trees to be replaced sometime in late October. c: Citizens Community Services Advisory Committee BAKERSFIELD POLICE MEMORANDUM September 15, 2000 To: Alan Tandy, City Manager From: Eric W. Matlock, Chief of Police Subject: Juvenile/Sex Crimes Web Site Information The Investigations Division, Juvenile and Sex Crimes Unit is requesting modification of the current city web site to include more descriptive information about Megan's Law in an effort to provide citizens with more accurate information on sex offenders. Changes will include instructions on where and how to use the Megan's Law CD-rom, and how to access the California Department of Justice 900 phone number for offenders. In addition, the site will include a description of sex offender categories, a pin map of high risk offenders, and a zip code map of serious offenders which displays the number of offenders by zip code areas. Personal identifying information of offenders will not be included on the web site. Please let me know if you require further clarification, or have any concerns regarding the web site. EWM/vrf City of Bakersfield, California Page 1 of 1 661-326-3000 I Search I Site Map I Contact Us IDepartments& Divisions .~ QuickLinks City of Bakersfield Agendas & 1501 Truxtun Avenue Calendars Centennial Bakersfield, CA 93301 Garden Information' 661-326-3000 City Council - Agenda Registered Sex Offender Information Colonel Thomas Baker - Videos In an effort to increase citizen awareness, the Bakersfield Police Department - Calendar SeXual Assault Detail has posted information regarding registered sex offenders City Records online. More... Economic & Community Development Get Involved with Neighborhood E-Watch Fire Network with the Bakersfield Police Department and other members of your Geographic community in the fight against crime. More... Information Services Job Openings River Front Jazz Municipal Code Enjoy an evening of soothing sounds and serene surroundings along the Kern Planning Boards & River Tuesday nights at 7pm. More... Commissions Police City Records Software Update Purchasing Our LaserFiche Weblink now allows for viewing entire documents in Adobe Recreation & Parks Acrobat PDF format. This makes printing multiple pages easy and enables saving the document as a file to a local drive for offline viewing. Business Hours: 8 A.M. to 5 P.M. Fall Activities Monday through The Fall Recreation & Parks guide is now online. Mcre.. Friday except HoliCays Citizen Attitude Survey Research Network, Ltd. was retained by the City of Bakersfield to implement a survey to assess the municipal service needs and attitudes of City residents. More... Disclaimer Recent Press Releases Please email Webmaster Joel Traylor at webmaster@ci.bakersfieldca.us, if you have any questions, comments or concerns. We want to hear from you. In 1999, our Web site received the National Recreation & Park Association Marketing & Communications award for "Best Website/Homepage Promoting Recreation." Learn more about the site. file ://I :\CITYWEBXNew\index.htm 9/12/00 · ' Bakersfield Police Department Sexual Assault Detail Page 1 of 3 elice Sexual Assault Detail The Bakersfield Police Department Sexual Assault Detail is comprised of a sergeant, six detectives, a Community Service Specialist, and a part-time clerk. As a part of the Investigations Division, this unit's pdmary responsibilities are to investigate child abuse and sex crimes cases. The Bakersfield Police Department is committed to the citizens of this community, and will utilize all investigative resources to assist us in solving these types of crimes to ensure the safety of our community. The Sexual Assault Detail works closely with the Kern County Department of Human Services Child Protective Services to ensure that complaints of child abuse are investigated in a expeditious manner. A liaison from Child Protective Services is assigned to the detail to assist detectives. The Sexual Assault Detail has a sex offender monitoring program. The main emphasis of this program is to inform uniformed officers and the citizens in our community as to the presence of registered sex offenders residing within Bakersfield. 'Megan's Law' In 1994, seven year old Megan Kanka was tricked into Jesse Timmendequas' house in Hamilton Township, New Jersey. Jesse Timmendequas, the neighbor, was a convicted sex offender with two prior convictions for sexual abuse of a child, but no one in the neighborhood knew that. Once Megan was inside, Timmendequas raped and murdered her. Eventually, Timmendequas was convicted for the murder of Megan Kanka. Following the death of Megan a grass roots movement led to the removal of the prohibition of law enforcement notifying the public of the presence of serious and high-risk sex offenders living in their community. On May 17, 1996, President Clinton signed the Federal "Megan's Law". This law permitted law enforcement to release relevant information to protect the public from sexually violent offenders. For the past fifty plus years California has maintained a record of those individuals convicted of sexually related crimes. In 1995 California instituted the Child Molester Identification Line, which was expanded in 1996 with the passage of California's Megan's Law. This law, allows for the first time, public access to information on serious and high-risk sex offenders. In California sexual offenders are classified by the Department of Justice into one of three sexual offender categories, High Risk, Serious, or Other. The criteria for each of the categories is defined in the California Penal Code. In summation, a High-Risk registrant is a Serious sex offender who has been convicted of a combination of offenses including a violent sex offense and other crimes. High-Risk status must be determined and vedfled by the Department of Justice. Generally, these "High-Risk" sex registrants pose a greater threat of reoffending based on their pdor criminal acts. A Serious Sex Offender is required to register with law enforcement if they have been convicted of: · Assault with intent to commit specified sex offenses · Rape file://I:\CITYWEBhNew\police\sexcrimes\index.htm 9/12/00 · ' Bakersfield Police Department Sexual Assault Detail Page 2 of 3 · Sodomy · Lewd and lascivious conduct with a child or dependent adult Oral copulation · Continuous sexual abuse of a child · Foreign object penetration · Child molestation · Kidnapping with intent to commit specified sex offenses · Felony sexual battery · Felony enticement of a child for purposes of prostitution · Abduction of a child for purposes of prostitution The Other sexual offender category consist of persons convicted of possession of pornography, spousal rape, indecent exposure, or misdemeanor sexual battery - OR - juveniles adjudicated in juvenile court. Persons falling within the Other category are NOT subject to public disclosure. For a complete list of all crimes which require registration go to the California Department Justice page at h ttp://ca a g ,~ta~_te_ :c.a_, u s/re g i s_t r_at_io_n./_s_o ffe~.s__e_: h t_r'n_ The law is not intended to punish the offender and specifically prohibits using the information to harass or commit any crime against the offender. It recognizes that public safety is best served when registered sex offenders are not concealing their location. How does Bakersfield compare to the rest of the state? According to the Office of the Attomey General, Department of Justice, as of August 8, 2000 there are 82,267 sex registrants in California. Of these, 1,555 are High-Risk offenders, 71,921 are Serious offenders, and 8,791 are Other offenders. As of September 1, 2000 there are 1,540 sexual offender registrants living within the metropolitan Bakersfield area. Of those, there are 12 High Risk registrants ( .01% of the state), 1428 Serious registrants ( .02% of the state), and 100 Other registrants ( .01% of the state). The numbers are approximations, because there are fluctuations in the sex offender population based on pdson release or to-incarceration. It is the position of the Bakersfield Police Department that the citizens of Bakersfield are better able to protect themselves and their children from sexual offenders through the notification procedure. In 1999 the Bakersfield Police Department published a large scale map identifying the general location of those individuals classified by the California Department of Justice as "High Risk" sexual offenders. The Police Department has continued to identify and monitor sexual offenders registered as living within the city limits with over 1000 investigations being completed since the summer of 1999. The Bakersfield Police Department also has a Megan's Law CD-ROM available for viewing by the members of our community in the lobby of the police department at 1601 Truxtun Avenue. It is available Monday through Friday between the hours 8:00 a.m. and 5:00 p.m. There are some restrictions, however there is no fee to access the CD-ROM file://I:\CITYWEBhNew\police\sexcrimes\index-htm 9/12/00 "Bakersfield Police Department Sexual Assault Detail Page 3 of 3 To view the CD-ROM, the viewer must be at least 18 years of age and provide a California driver's license or California identification card. The viewer will be required to sign a statement indicating they understand the purpose of the release of information. The Megan's law CD-ROM gives the public the ability to view photographs and descriptive information on sex offenders in California. It provides the offender's name, aliases, photograph, sex, physical description (including marks, scars, and tattoos), sex offenses, county and zip code information. The release of this information to the public is a means of assuring public protection and not to punish the offender. The information may not be used to harass the offender or commit any crime against the offender. Any misuse of the information will be vigorously investigated by the Bakersfield Police Department. There are other aspects of the Megan's Law legislation that allows law enforcement to proactively notify schools and at-risk individuals (or their parents) of Serious and High-Risk sex offenders living near them. These notifications would be on a case by case basis after law enforcement becomes aware of an offender living in proximity to at-risk persons. Additional information may be obtained from the Sexual Assault Detail at the police department. Neighborhood watch or group presentations can be scheduled through the crime prevention office at the Bakersfield Police Department. In addition to this information the Bakersfield Police Department is providing an on-line map of High Risk sex offenders living in the Bakersfield area. The information listed on this map is the nearest street intersection names to where the offender lives. PLEASE NOTE: The symbols identifying the street location DO NOT represent the exact location of where the offender lives. The symbols have been enlarged and offset to keep an exact location from being determined. Continue to High Risk Sex Offenders... For statewide information, the California Department of Justice provides a sex offender identification line, (1-900-448-3000). For a $10 fee, you can check the names of two individuals. To use this telephone access line, you must be 18 years of age. You must also be able to provide the person's name, date of birth, address, California identification information, or a physical description. [ Sexual Assault Detail Main Page I High Risk Sex Offenders I Serious Sex Offenders ] [~] Hit Counter , Visitors since September 11, 2000 file://I:\CITYWEBLNew\police\sexcrimes\index.htm 9/12/00 High Risk Sex Offenders Page 1 of 2 Pc l[ce Registered Sex Offenders Latest Map Update: September 11, 2000 The information contained within this document is provided to the citizens of Bakersfield as means of education. It is a goal of the Bakersfield Police Department that the citizens it serves be provided with information that will stimulate family discussion and overall public awareness so that appropriate personal safety steps can be pursued. Information about sexual offenders living in "county islands" within city limits or in the county areas surrounding the city must be obtained from the Kern County Sheriff's Department. High-Risk Sex Offenders Map ', ' I .u.I ~ . ~a~ _ I · / ~ ~ ' . , _~~ ~ ~, / :~ ~ ~L .LEE ~D '.._~ ~ = ~ ~ ~ , B = High Risk Sex Offender & = High School = Incorporated Bakemfield The md squares on the map above represent the known addresses of high Hsk sex offenders living in Bakersfield. For information regarding these individuals, please come to the Bakersfield Police Depa~ment. PLEASE NOTE: The symbols identiyng the street Io~tion DO NOT represent the exact Io~tion of where the offender lives. The symbols have been enlarged and offset to keep an exact location from being dete~ined. Continue to Serious Sex Offenders .... file://I:\CITYWEB~aNew\police\sexcrimes~highrisk.htm 9/12/00 High Risk Sex Offenders Page 2 of 2 THIS INFORMATION IS BEING RELEASED TO ALLOW MEMBERS OF THE PUBLIC TO PROTECT THEMSELVES AND THEIR CHILDREN FROM SEX OFFENDERS. FOR ADDITIONAL INFORMATION, PLEASE CONTACT THE BAKERSFIELD POLICE DEPARTMENT AT 326-3815. THIS INFORMATION IS BEING RELEASED PURSUANT TO MEGAN'S LAW (LISTED WITHIN CALIFORNIA PENAL CODE SECTION 290), WHICH AUTHORIZES LAW ENFORCEMENT AGENCIES TO INFORM THE PUBLIC WHEN THE RELEASE OF INFORMATION WILL ENHANCE PUBLIC SAFETY AND PROTECTION. THE PREVIOUS CRIMINAL HISTORY OF THE INDIVIDUAL NAMED IN THIS NOTIFICATION PLACES THEM IN A CLASSIFICATION LEVEL WHICH REFLECTS THE POTENTIAL TO RE-OFFEND. IT IS ILLEGAL TO USE INFORMATION OBTAINED THROUGH THIS BULLETIN TO COMMIT A CRIME AGAINST A REGISTERED SEX OFFENDER OR TO ENGAGE IN ILLEGAL DISCRIMINATION OR HARASSMENT AGAINST A REGISTERED SEX OFFENDER. A PERSON IS AUTHORIZED TO USE THIS INFORMATION ONLY TO PROTECT THEM SELF OR A CHILD WHO MAY BE AT RISK. [ Sexual Assault DEtail Main Page I High Risk Sex Offenders I Serious Sex Offenders ] [~] Hit Counter ~ Visitors since September 11, 2000 file ://I :\CITYWEBhNew\police\sexcrimeshhighrisk.htm 9/12/00 ' ~;Serious Sex Offenders Page 1 of 2 Registered Sex Offenders Latest Map Update: August 24, 2000 The information contained within this document is provided to the citizens of Bakersfield as means of education. It is a goal of the Bakersfield Police Department that the citizens it serves be provided with information that will stimulate family discussion and overall public awareness so that appropriate personal safety steps can be pursued. Information about sexual offenders living in "county islands" within city limits or in the county areas surrounding the city must be obtained from the Kern County Sheriffs Department. Serious Sex Offenders by Zip Code The below map shows zip codes for Bakersfield. Moving your mouse over a zip code area will display the number of"serious" class sex offenders residing within that zip code. The shading represents incorporated City of Bakersfield. " 93308 ~~ 93304' "::;i:!!.i:;::' :': i.....: .; ':' ..... 93311 93313 THIS INFORMATION IS BEING RELEASED TO ALLOW MEMBERS OF THE PUBLIC TO PROTECT THEMSELVES AND THEIR CHILDREN FROM SEX OFFENDERS. FOR ADDITIONAL INFORMATION, PLEASE CONTACT THE BAKERSFIELD POLICE DEPARTMENT AT 326-3815. THIS INFORMATION IS BEING RELEASED PURSUANT TO ~EGAN'S LAW (LISTED WITHIN CALIFORNIA PENAL CODE SECTION 290), WHICH AUTHORIZES LAW ENFORCEMENT AGENCIES TO INFORM THE PUBLIC WHEN THE RELEASE OF INFORMATION WILL ENHANCE PUBLIC SAFETY AND PROTECTION. THE PREVIOUS CRIMINAL HISTORY OF THE INDIVIDUAL NAMED IN THIS NOTIFICATION PLACES THEM IN A CLASSIFICATION LEVEL WHICH REFLECTS THE POTENTIAL TO file://I:\CITYWEBhNew\police\sexcrimesXzipmap\serious.htm 9/12/00 Serious Sex Offenders Page 2 of 2 RE-OFFEND. IT IS ILLEGAL TO USE INFORMATION OBTAINED THROUGH THIS BULLETIN TO COMMIT A CRIME AGAINST A REGISTERED SEX OFFENDER OR TO ENGAGE IN ILLEGAL DISCRIMINATION OR HARASSMENT AGAINST A REGISTERED SEX OFFENDER. A PERSON IS AUTHORIZED TO USE THIS INFORMATION ONLY TO PROTECT THEM SELF OR A CHILD VVHO MAY BE AT RISK. [ Sexual Assault Detail Main Page I High Risk Sex Offenders '1 Serious Sex Offenders ] ~ ~] Hit Counter i Visitors since September 11, 2000 file://I:\CITYWEBXNew\police\sexcrimes\zipmap\serious.htm 9/12/00 September 15, 2000 To: Alan Tandy, City Manager Honorable Mayor Price and Council Members , ~ECEIV~D From: Ed¢ W. Matlock, Chief of Police 2000 Subject: Crime Statistics for Bakersfield CITY MANAGER'S I thought you might be interested in the attached California Department of Justice Crime Statistics for Bakersfield for January through June of 2000. The index reflects an overall crime reduction of-9.4%, with a significant reduction in reported violent crimes of-19.8%. vrf -I 0 --I CRIMES REPORTED'FOR SELECTED CALIFORNIA JURISDICTIONS Jan~Ja~/through Jur~01~9 and 2000 By Number and Perceflt Change January. C~ime Index Crfm~ Index Fcn;Ible Aggravated EECE VED BAKERSFIELD i .......................... Economic a~d Community Development Depa~me~t MEMORANDUM September 2~, 2000 TO: Alan Christensen, Assistant City Manager FROM: George Gonzale~~'~unity Development Coordinator ti SUBJECT: Community Revit~t~ization Meeting - September 16, 2000 At the request of Councilmember Irma Carson the Economic and Community Development Department staff held a community revitalization meeting at Martin Luther King, Jr. Community center on September 16, 2000. The purpose of the meeting was to provide the residents, businesses, and non-profit agencies in Southeast Bakersfield information on the impacts that the proposed City Center Project would have on them. In addition, City staff presented information on Tax Increment funding, CDBG, HOME Investment Partnership Program funding, Enterprise Zone benefits, and the uses of the City's General Fund monies for the operation of the City. The meeting was well attended because of the outreach efforts that Kenya, Inc. (a community based organization) undertook on the City's behalf for this meeting. During the four hour meeting, approximately 130 attendees participated in a two-way dialog. Also in attendance at this meeting were seven of the ten Southeast Project Area Committee members. Enclosed is a list of"Recommendations/Input and Comments" collected from those who attended the Saturday meeting. dlk:P:\community revitalization recap memo. WPD Community Outreach Meeting. September 16, 2000 Recommendations/Input & Comments 1. Schedule a neighborhood CDBG meeting South of Brundage & North of Pacheco Area - Friendship House Area 2. Sink hole at Cottonwood and Watts 3. Friendship House swimming pool not used this past summer. 4. Does not feel a part of the City. 5. City, Habitat, St. Peters have a non-profit meeting to come up with a project (housing plan) for the target area. 6. Madison & White Lane used (lot) for a temporary dumping ground. 7. Tax increment developer having input to determine where the tax increment is used. Would like to see increment spread throughout the Southeast area. 8. How is data tracked for job creation. 9. Aggressive housing plan for the Southeast Area. 10. Cottonwood area, McNew Court, Smith, vacant lots, Jastro - What is future direction for area? 11. Proposition 12 monies and recreation needs (is there a plan?). Intervention & prevention. 12. Develop a vehicle to solicit community input. 13. Churches role in community development. 14. Childcare for this area (93307). 15. CDBG technical assistance to improve applicant opportunities. ~16. Projects East of Union Avenue. MEMORANDUM September 21, 2000 TO: Alan Tandy, City Manager FROM: Gene Bogart, Water Resources Manag~ Stan Ford, Recreation & Parks Director ~ SUBJECT: UPDATE on PROPOSITION 12 and 13 FUNDING for KERN RIVER PARKWAY PROJECTS As you are aware, the Kern River Parkway was awarded $2,500,000 under Proposition 12 (Park Bond) and $2,500,000 under Proposition 13 (Water Bond) for projects along the Kern River Parkway between the mouth of Kem Canyon and Interstate Highway, Route 5. Since our last update on May 26th, the State Department of Water Resources has designated the City of Bakersfield as the local agency to implement the project. We have since received an advanced draft agreement from the State that will allow us to receive Proposition 13 funding within the next 60 days. As indicated in earlier project updates, the attached "High - Priority KERN RIVER PARKWAY PROJECTS" list represents those projects as compiled from a variety of sources, including the Kern River Parkway Foundation, public surveys, viewpoint articles and staff suggestions., As outlined in the draft Agreement, Proposition 13 funding would be available for Parkway projects as soon as the required documentation is submitted and approved by the State. Our goal is to begin construction on the eligible projects that can get underway immediately. In regards to Proposition 12, the California Resources Agency has indicated that the draft agreement for Proposition 12 Parkway funding should be received by the City within the next 45 days. Although the estimated current costs ($6,250,000) for the ten "High - Priority" projects listed on the attached table currently exceeds the $5,000,000 authorized specifically for the Kern River Parkway, staff will be seeking other funding sources (i.e., urban streams restoration, watershed protection etc.) to complete the balance of the projects. We will be scheduling a workshop for the City Council in the near future torgLveqv~ucdate~on Parkway projects and appropriate the Propositions 12 and 13 funding grants. ~ _C ~ iD attachment SF[i ~ ~ ~ GB:sr S:~2000MEMOS~Prop 13KRFundin8 CITY MANAGER'S OFF~CE High- Priority KERN RIVER PARKWAY PROJECTS ESTIMATED 1) Kern River Bike Path Improvements Widen, improve and re-surface 18 miles of existing bike path between $600,000 Stockdale Highway and California Living Museum (CALM). 2) Kern River Bike Path Extension (West) Construct and extend bike path along the Kern River between Stockdale $1,200,000 Highway and Enos Lane ( 8 miles ). ~. 3) Kern River Bike Path Extension (East) Construct and extend bike path between California Living Museum and $450,000 i Lake Ming Loop ( 3 miles ). 4) Acquisition of Privately-Owned Properties Acquire propedies along Truxtun Ave. Extension, Stockdale Highway $750,000 and easterly of Manor St. to provide for expansion of Kern River Parkway. ' 5) Expand Greenbelts, Signage and Trailhead Expansion of bike path and equestrian trailhead parking areas, $550,000 Parking Areas establish major tree-planting projects and complete signage, educational and directional kiosks throughout the Parkway. 6) River Shoreline Improvements Improve public access, restore and landscape the Kern River $600,000 shoreline at Beach Park between 24th Street and 99 Highway as a major entry corridor into downtown Bakersfield. 7) Additional Recreation Facilities Develop additional recreation facilities (ie.; volleyball, walking trails, $500,000 picnic grounds, etc.) throughout Kern River Parkway. 8) Kern River Recreation 8, Recharge Areas Construct new river access corridor and recreation area with $300,000 recharge basins near Stockdale Highway & the Kern River. 9) Improve Bellevue River Weir Reconstruct weir with safety improvements, including river access, $1,000,000 and Public Access to River bike path and pedestrian crossings of the Kern River incorporated into the total project. 10) Complete Equestrian Trail Alignment Complete equestrian trail (including canal x-ings) along north shoreline $300,000 of Kern River channel between Alfred Harrell Highway and Stockdale Highway bridge. 9/21/00 CURRENT TOTAL $6,250,000 B A K E R $ F I E L PUBLIC WORKS DEPARTMENT MEMORANDUM TO: ALAN TANDY, CITY MANAGER / . FROM: RAUL M. ROJAS, PUBLIC WORKS DIRECTOR~/-''''L~ DATE: SEPTEMBER 20, 2000 SUBJECT: GENERAL INFORMATION Attached are copies of the Anti-Graffiti Program reports for the months of July and August 2000. If you need additional information, please let me know. Attachments G:tGROUPDATtGenSvcstGraffitiRpts._JuLAug2OOO.wpd SEP ~ 0 ~000 ~~~LIc WORiS DEPARh'~ENe -- BAKERSFIELD Public. Works Department Anti-Graffiti Program August 14, 2000 To: Brad Underwood, General Services Superintendent From: Sean B. Caeai, Community Relations Anti-Graffiti Program Subject: Anti-Graffiti Program Update for July 2000 Graffiti Removal Statistics for July 2000 ACTIVITY CDBG NON-CDBG~ TOTAL Hot Line Calls 83 calls 287 calls 370 calls Sites Cleaned from Hot Line 80 sites 240 sites 320 sites Blue Sheets (Search & Clean) 60 work orders 72 work orders 132 work orders Sites Cleasied from Blue Sheets 67 sites 94 sites 161 sites Graffiti Removal Statistics for July 2000 ~ACTIVITY CDBG NON- CDBG TOTAL Signs Cleaned from Hot Line 13 signs 13 signs 26 signs Signs Cleaned from Blue Sheets 43 signs 51 signs 94 signs Grand Total of Work Orders for July 2000 502 work orders Grand Total of Sites Cleaned for July 2000 481 sites Grand Total of Gallons of Paint Used 176 gallons COST OF MATERIALS USED (paint, censor, tag off, primer, wear and tear of equipment, etc.) $5,792.18 ~' SEP ~ 0 ~000 B A K E'R S F I E L D PUBLIC WORKS DEPARTMENT Public Works Department Anti-Graffiti Program' September 18, 2000 To: Brad Underwood, General Services Superintendent From: Sean B. Caeal, Community Relations Specialist. Anti-Graffiti Program Subject: Anti-Graffiti Program Update for August. 2000 Graffiti Removal Statistics for August 2000 ACTIVITY CDBG NON- CDBG TOTAL Hot Line Calls 67 calls 190 calls 263 calls Sites Cleaned from Hot Line 68 sites 160 sites 228 sites Blue Sheets (Search & Clean) 55 work orders 113 work orders 168 work orders Sites Cleaned from Blue Sheets 59 sites 118 sites 177 sites Graffiti Removal Statistics for August 2000 ACTIVITY CDBG NON- CDBG TOTAL Signs Cleaned from Hot Line 8 signs 13 signs 21 signs Signs Cleaned from Blue Sheets 6 signs '16 signs 22 signs Grand Total of Work Orders for July 2000 431 work orders Grand Total of Sites Cleaned for July 2000 427 sites Grand Total of Gallons of Paint Used 157 gallons COST OF MATERIALS USED (paint, censor, tag off, primer, wear and tear of equipment, etc.) $6,976.69 RECEIVED BAKERSFIELD PUBLIC WORKS DEPARTMENT MEMORANDUM .... ~ ~ANAGER'S 0!- ' TO: ALAN TANDY, CITY MANAGER FROM: RAUL RAJAS, PUBLIC WORKS DIRECTOR DATE: September 22, 2000 SUBJECT: 1,000 FT. SEWER TRUNK TIE-IN PROPOSAL Council Referral WFO018600 / dO1 Provide to the City Manager information on the County's 1,000 foot sewer trunk tie-in proposal and the potential impact on City service. The County's proposal requiring sewer connection for property located within 1,000 feet of a sewer trunk tie-in will have little impact on City operations. If the property located within the County ties in to a City sewer main, then the property owner will be required to pay the applicable connection fees which goes to paying a portion of the main's construction cost. In addition, the property will be charged the appropriate annual user fee. G:~GROUPOAl~Referrals~Council~sewer trunk tie-in.wpd City of Bakersfield *REPRINT* WORK REQUEST .PAGE 1 REQ/JOB: WF0018600 / 001 PROJECT: DATE PRINTED: 9~18~00 REQUEST DATE: 9/11/00 CREW: 'TIME PRINTED: 12:09:05 SCHEDULE DATES LOCATION: ~'l'~%l~'l': 9~11~00 LOCATION ID: ZIP CODE: COMPLETION: 9/21/00 GEN. LOC: FACILITY NODES FROM: FACILITY ID: TO: REF NBR: REQ DEPT: CITY COUNCIL REFERRAL PRIORITY: HIGH REQUESTOR: COUNCIL ORIGIN: CITY COUNCIL REFERRAL USER ID: RBARNHAR WORK TYPE: REFERRAL DESCRIPTION: 1,000 FT. SEWER TRUNK TIE-IN PROPOSAL REQUEST COMMENTS ***REFERRAL TO PUBLIC WORKS - J. LAROCHELLE*** PROVIDE TO THE CITY MANAGER INFORMATION ON THE COUNTY'S 1,000 FOOT SEWER TRUNK TIE-IN PROPOSAL & THE POTENTIAL IMPACT ON CITY SERVICE. Job Order Description: 1,000 FT. SEWER TRUNK TIE-IN PROPOSAL Category: PUBLIC WORKS Task: RESPONSE TO REFERRAL ASsigned Department: PUBLIC WORKS START DATE __/__/__ COMPLETION DATE / /.__ BAKERSFIELD PUBLIC WORKS DEPARTMENT MEMORANDUM TO: ALAN TANDY, City Manager FROM: RAUL ROJAS, Public Works Director DATE: September 15, 2000 SUBJECT: Environmental Enhancement and Mitigation (EEM) Program Workshop Council Referral WF0018602 / 001, DeMond, Carson Vice Mayor Irma Carson requested staff to provide her a copy of the application for an Environmental Enhancement and Mitigation Program Grant, and also requested that the beautification of Lakeview Street be included as an EEM Project. Councilmember DeMond requested that expansion of the Downtown Streetscape be submitted as an EEM project, and also to consider the Old Town Kern and Southeast Bakersfield redevelopment areas for potential EEM Projects. A copy of the correspondence received from the Resources Agency regarding the EEM program, including an EEM grant application, is attached. Staff will set up meetings with Councilmembers who have projects they would like proposed for the EEM program to further discuss the projects and define their scope. L, "' cc: Jacques R. LaRochelle, Engineering Services Manager J tdw:S:\TED~20(X)memo~091500at.wpd The Resources Agency -~. Gray Davis Mary D. Nichols Governor Secretary of California California Conservation Corps ·~ Department of Boating & Waterways · Department of Conservation Department of Fish & Game · Department of Forestry & Fire Protection · Department of Parks & Recreation · Department of Water Resources August 2000 AUG 2 3 000 PUBLIC WORKS DE,PART~'1Et'IT TO: 2001-2002 ENVIRONMENTAL ENHANCEMENT AND MITIGATION (EEM) PROGRAM GRANT APPUCANTS Enclosed 'is an Environmental Enhancement and Mitigation Program application packet for the 2001-02 grant cycle. This packet inCludes EEM program Procedures and Cdteda, application forms, and supplementary information to assist you .in preparing an application for grant funding. The final application submission date is Friday, November 17, 2000. Applications must be postmarked by this date or delivered to the Resources Agency, Suite 1311, 1416 Ninth Street, Sacramento 95814, no later than 5 p.m. on that day to be considered by the Resources Agency for recommendation to the California Transportation Commission (CTC). All required documents must be included with the application (original and three copies), except for board resolutions which are required for local and non-profit agencies. Board resolutions may be sUbmitted separately at a later date for reason of timing. The schedules for proposed projects must provide for project start and completion within three fiscal years. Grants generally will be limited to $250,000 each; The Resources Agency will transmit its recommendations to the CTC by April 15, 2001. Applicants will be notified of the Agency's recommendations shortly thereafter. The ReSources Agency 1416 Ninth Street, Suite 1311 Sacramento, CA 95814 (916) 653-5656 , FAX (916) 653-8102 http ://ceres. ca. gov/cra/ Cali/brnia Coastal Commission · California Tahoe Conservancy · Coachella Valley Mount~iins Conservancy · San Joaquin River Conservancy Santa Monica Mountains Conservancy · Colorado River Board of California · Energy Resources, Conservation & Development Commission State Coastal Conservancy · State Lands Commission · State Reclamation Board · Native American Heritage Commission San Francisco Bay Conservation & Development Commission  100% Recycled Paper EEM Program August 2000 Page Two ', It is anticipated that the CTC will consider recommended projects for funding at its July 2001 meeting. Applicants with projects recommended for funding must submit environmental clearance documents to the CTC in May 2001. Projects without environmental clearance will not be considered for funding by the CTC. 'lf you have any questions on these Procedures and Criteria, or on the EEM Program please call the EEM Program Coordinator at (916) 653-5656. ~[or Resources Enclosures RESOURCES AGENCY 1416 Ninth Street, Suite 1311 State of California Sacramento, CA 95814 916-653-5656 ENVIRONMENTAL ENHANCEMENT AND MITIGATION PROGRAM PROCEDURES AND CRITERIA 2001-2002 Grant Cycle 1.. GENERAL INFORMATION . 1-1. Purpose and AuthodW These procedures and criteda guide the evaluation and selection of. projects under the Environmental Enhancement and Mitigation (EEM) program. This program, as provided by Streets and Highways Code Section 164.56,' authorizes the allocation of $10 million each year for grants to State, local and federal governmental agencies and non-profit organizations to mitigate the environmental impacts of modified or new public transportation facilities. In the EEM program the Resources Agency prescribes procedures and cdteda to evaluate grant proposals. Based on its evaluation, the Agency prepares and submits a list of proposals recommended for funding to the California Transportation' Commission (CTC). The CTC annually awards grants to fund proposals from the Agency's list. 1-2. Eligible Applicants Any State, local or federal agency or 501(c)(3) non-profit entity may apply for and receive grants. The agency or entity is not required to be a transportation or highway related organization, but must be able to demonstrate adequate charter or enabling authoritY to carry out the type of project proposed. Two or more entities may participate in a project with one designated as the lead agency. 1-3. Implementation Timeline Applications for fundin,q in the 2001-02 fiscal year (July 1, 2001 through. June 30, 2002) must be postmarked no later than Friday, November 17, 2000 or delivered to the Resources Agency by 5 p.m. that day. EEM Proqram Procedures and Cdteda August 2000 Page 2 The Resources Agency will send a list of recommended projects and funding amounts to the California Transportation Commission (CTC) by April 15, 2001. All project applicants will be notified of the status of their application at that time. In .July 2001, it is anticipated that the CTC will give preliminary approval to. projects to be funded, with funding allocations to be considered at a subsequent Commission meeting upon contract approval. The Department of TranSportation (Caltrans) administers contracts for approved grant projects. Environmental clearance documents for Agency recommended projects are required by the CTC, and must be submitted to the CTC in May 2001 for projects to be considered at the July 2001 meeting. Projects without environmental clearance documents will not be considered for funding.. Grant funds should be expended as soon as possible after the grant is awarded by the CTC (second funding allocation vote), preferably within the first fiscal year. However, all expenditures must be made within three fiscal years. '1-4. Proiect Magnitude Grants for individual project are generally limited to $250,000. However, the Resources Agency may recommend awards exceeding the $250,000 guideline for acquisition projects only, based on the. consideration of unique or unusual factors,- including, but not limited to, maximum benefits in a one-time or limited opportunity, 'acquisition of resource lands of a considerable size, substantial leveraging, and/or projects with high statewide significance. 1-5. North/South Split In accordance with the provisions of Section 187 and 188 of the Streets and Highways Code, an attempt will be made to allocate 40 percent of the total amount recommended to projects in northern counties and 60 Percent of the total amount to projects in southern counties. The southern .counties are: San Luis Obispo, Kern, Mono, Tulare, Inyo, Santa Barbara, Ventura, Los Angeles, San Bemardino, Orange, Riverside, San Diego, and Imperial. For purposes of this north/south split, all other counties are considered northern counties. EEM Program Procedures and Criteria August 2000 Page 3 2. PROJECT GUIDELINES \ 2-1.' Eligible Projects The categories of environmental enhancement and mitigation projects eligible for funding are: Highway Landscape and Urban Forestry - Projects designed to offset vehicular emissions of carbon dioxide through the planting of trees and other suitable plants. Projects may be within or outside.the right-of-way of a related transPortation facility. However, reimbursement for the cost of vegetation planted within the public road right-of-way is limited to trees. Resource Lands - Projects for the acquisition, restoration or enhancement of resource lands to mitigate the loss of, or the detriment to, resource lands lying within or near the right-of-way acquired for proposed transportation improvements. Resource lands include natural areas, wetlands, forests, woodlands, meadows, streams or other areas containing fish or wildlife habitat. Enhancement of resource lands may include the restoration of wildlife corridors and fish passages. Additionally, resource lands may contain features of archaeological or historical value.. Roadside Recreation - projects which provide for the acquisition and/or development of roadside recreational opportunities, including parks and greenways, roadside rests, scenic overlooks, trails, and sno-parks. 2-2. Related Transportation Facility To be eligible for consideration, each environmental enhancement and mitigation project must be directly or indirectly related to the environmental impact of the modification of an existing transportation facility (CA Constitution, Art. XIX, Sec. 1) or construction of new transportation facility. For purposes of this program, a transportation facility is defined as a public · street, highway, mass transit guideway or their appurtenant features (e.g. park and dde facilities, high-occupancy vehicle lanes, transit stations, etc.) Additionally, the 'related transportation facility- must be 1) a project where. construction began after January 1, 1990; or 2) a project which is not yet under EEM Pro,qram Procedures and Criteda Au.qust 2000 Pa~e 4 construction, but is included in an adopted State transportation program or in a locally, adopted and certified capital outlay program. If a transportation' facility is to be constructed in separate and distinct phases, each phase may be considered a seParate project for purposes of this definition, provided that each phase creates an operable transportation improvement. 2-3. Minimum Proiect Requirements Projects which fail to meet these minimum requirements will not be considered further: a. All projects must demonstrate a direct or indirect relationship with' the environmental impact of modifying an existing transportation facility or construction of a new transportation facility. b. All projects must provide mitigation or enhancement in addition to the mitigation required as part of the transportation project to which they are related. The EEM proiect cannot, supplant mitigation required of the transportation project. ~ c. The mitigation, if in or near the right-of-way, must be COmpatible with and not interfere with the operation or safety of the transportation facilities. do The mitigation must not limit currently planned or anticipated future improvements to th~ transportation facility. 3. PROJECT EVALUATION CRITERIA All projects will be evaluated by the Resources Agency using the following criteria and assigning values based on a point System within the ranges indicated. A maximum of 100 points may be assigned to any one project. Projects will be evaluated on the General Criteria up to 55 points) and the appropriate Project Category Cdteda (up to 45 pointsl In summary, the scodng allocation is as follows: EEM Progmm Procedums and Criteria Auqu~ 2000 Page 5 General Criteria (55 points) -- Increased Mitigation and Enhancement (0-20 points) - Statewide Project Goals and Local Cash Contributions (0-20 points) - Project Readiness (0-15 points) Project Category Criteria (45 points) I. Highway .Landscape and.Urban Forestry - Suitability and Sustainability (0-20 points) - Cost Effectiveness (0-20 points) - Other Benefits and Community Participation (0-5 points) -OR- I1. Resource Lands -- Important Resource Values (0-30 points) - Sustainability (0-10 points) - Other Benefits and Community Participation (0-5 points) -OR- II1. Roadside Recreation - Need for the Project (0-30 points) -- Sustainability (0-10 points) ' - Other Benefits and Community Participation (0-5 points) 3-1. General Criteria All projects will be evaluated on the following general 'criteria: a. Increased Mitigation and Enhancement (0-20 points) Projects that will provide the greatest and most appropriate degree of mitigation or enhancement over and above that required by the California Environmental QualitY Act (CEQA) will be rated the highest. 'Consideration will be given to the degree the project reinforces, complements, or fills a deficiency EEM Program Procedures and Cdteria Au.qust 2000 Pa.qe 6 or need in a larger area, complex, or system, or has been identified as a statewide pdodty in plans, policies, or other pronouncements. For example, a project that preserves wildlife habitat lands adjacent to other protected wildlife habitat lands, may provide greater protection than a smaller, separate habitat lands project. Also, for example, an addition to an existing greenbelt or trail system may provide greater mitigation benefits than a smaller, separate urban forestry or. recreation project. Applicants. must provide a concise, but complete explanation of the mitigation which will be undertaken as part of the related transportation proiect and the additional mitigation or enhancement to be funded under the EEM program. b. StateWide Project Goals and Local Cash Contributions (0-20 points) Consistent with the intent of the program., the Resources Agency Seeks to fund projects that serve the largest number of people in the widest area possible. Consequently, projects that demonstrate their relevance to larger planning processes (i.e. regional, city, county, State) and have obtained outside financial support' will be given priority in this category. Statewide Resource Priorities: Projects that C°ntdbute the most to statewide resource priorities -- comprehensive, regional, , and preventive initiatives to protect and enhance the State's natural heritage - will be rated the highest. Examples include, but .are not limited to, the following: Habitat/Ecosystem Restoration and Protection, including conservation of agricultural lands Wetlands ProtectiOn and Acquisition Recreational Access State Park Stewardship - enhancement, expansion, and maintenance of the State Park System Local Cash COntributions: Projects that include the greatest Proportion of other sources of monetary funding to project development will be rated the highest. Contributions made prior to Commission approval of the EEM project, as well as contributions to on-going project maintenance will not be given credit. To be evaluated and .qiven appropriate credit, the value of cash contributions EEM Program Procedures and Criteria August 2000 PaRe 7, must be estimated and included in the project cost estimate and budget. If a proiect is ultimately approved for funding, the ratio of EEM funds to "Other Sources of Funding" specified in the proiect application budget will be used by Caltrans for the purposes of reimbursement. c. Project Readiness (0-15 points) EEM program funds must be expended within a three-year period. Therefore, projects which can most readily be started and completed will be given higher ratings. Key items in the evaluation of this cdteria include: Are project designs completed? Have funds been specifically appropriated for the related transportatiOn. facility? Are matching funds readily available? Will the .proposed mitigation project require any permits or lengthy environmental clearance? Is the project consistent with State, 'regional, and local plans? PROJECT CATEGORY CRITERIA 4-1. Highway Landscape and Urban Forestry Projects Projects in the Highway Landscape and Urban Forestry category will be evaluated on the following criteria: a. Suitability and Sustanability (0-20 points) Projects that demonstrate the ability to provide maximum environmental benefits over the long term will be ranked the highest. Projects that serve the greatest area, and are consistent with statewide resource priorities, regional habitat management, and/or regional conservation objectives will be given priority in this category. An important consideration is whether plantings, once established, will thrive without the need for supplemental irrigation. Other considerations for sustainability and suitability are: EEM Pro(~ram Procedures and Criteda August 2000 Page 8 Will trees and other plants be environmentally tolerant to drought, smog, soil compaction, frost, wind, etc.? Will the project be designed in such a manner as to provide for species diversity to reduce the effects of insects and diseases? For aesthetic reasons, one variety of tree may be planted along a certain street provided that other varieties are planted on other nearby street, thus providing an. adequate mix. Will the trees and other plant species selected be ecologically and physically appropriate for the function to be performed in the planting space available, and will the initial size selected for the planting area have a good chance for survival and growth on the project site? ' Will the largest crowning trees possible be used to provide maximum environmental benefits for mitigating ~heat islands, ultra-violet light, .the 'greenhouse effect, and pollution problems, while saving energy by providing shade? What are the environmental benefits of the species .selected? Have adequate provisions been made for plant establishment and long-term maintenance? If maintenance is to be performed by another entity, please include evidence of concurrence from that entity. Will the Project use recycled or reclaimed water? Does the project have a tracking system for required maintenance? 'What provisions have been made for plantings that fail (e.g. a budget for removal and/or replacement of plants and trees that die)? b. Cost Effectiveness (0-20 points) Projects that provide the greatest number of trees and plants and yield the greatest potential for long-term carbon diOxide uptake at the least cost, will be ranked highest under this criteria. However, reimbursement for the cost of vegetation planted in' public road right-of-way is limited to trees. ; EEM Program Procedures and Criteria August 2000 Page 9 Other cost effectiveness considerations include: How many trees will be planted in h°w much space? What species of trees and plants will be used? (Please include both the scientific and common names) What will be the size and cost for each of the trees and plants proposed? If trees larger than 15-gallon container size are used, what is the justification? What type of irrigation system will be installed? What is the Water source ._ and cost? What will be the establishment cost per tree, considering species and installation over the first five years following planting? Does the project require costly COnstruction (e.g. metal grates)?, c. Other Benefits and Community Participation (0-5 points) Projects that provide other benefits (i.e. benefits of other categories -- Roadside Recreation and Resource Lands) and/or demonstrate community · support will receive points under this criteria. Other benefits include, but are not limited 'to, increased public access and recreational opportunities, preservation of wildlife habitat, and active citizen participation in planning and/or maintenance of the project. For example: If the project is outside the right-of-Way of the related transportation project, .will the trees and other plants be planted in an area that provides reasonable public access or recreational opportunities? Will the project provide for enhanced wildlife habitat?. If the project is outside of the related transportation facility right-of-way, will the project maximize citizen involvement in project planning and implementation and provide stewardship opportunities for long-term maintenance of the trees? EEM Pro,qram Procedures and Criteria Au. gust 2000 Pa~e 10 In addition, volunteer labor and/or donated materials, will be viewed favorably as further demonstration of local and community support of the project. If volunteer Services or donated items will be used, please provide a description of what will be provided, including value (listed separately from cash contributions) if possible. 4-2. Resource Lands Proiects. Projects in the Resource Lands category will be evaluated on the follOwing criteria: a. Important Resource Values (0.30 points) Resource landS that protect or enhance ecosystems, watersheds, and/or other statewide natural resource priorities will be rated the highest. Important natural.resource values include, but are not' limited to, lands containing rare, threatened, or endangered species and their habitats, lands containing special wildlife values such as wildlife corridors, nesting and breeding areas, wetlands, woodlands, and dPadan habitat, and agricultural lands. b. Suslainability (0-10 points) Projects which provide the mOst reasonable assurance that the resource lands to be acquired or enhanced will be maintained and protected will be ranked the highest under this cdteda. If maintenance is to be performed by another entity, please include evidence of concurrence from that entity. c. Other Bener-ds and Community Participation (0-$ points) ' Projects that provide other benefits (i.e. benefits of' other categories ' Highway Landscape and Urban Forestry and Roadside Recreation) and/or demonstrate community support will receive points under this cdteda. Other benefits, include, but are not limited to, increased public access and recreational opportunities, increased opportunities for interpretive and/or environmental education, and active citizen participation in planning and/or maintenance of the project. In addition, volunteer labOr and/or donated materials, will be viewed favorably as further demonstration of local and community support of the EEM Program Procedures and Criteria August 2000 Pa.qe 11 project. If volunteer services or donated items will be used, please previde a description of what will be provided, including value (listed separately from cash contributions) if possible.' 4-3. Roadside Recreation Proiects Projects in the Roadside Recreation category, will be evaluated on the following cdteda: a. Need for the Project (0-30 points) Applications that demonstrate the greatest need for the particular recreational facility will be ranked the highest. Projects with statewide significan ~ce, such aS State Park Stewardship, will be given priority in this category. For example: Will current or Potential recreational opportunities be impacted by the modified or proposed transportation facility? Why should this particular project be AJnded? Is. there a deficiency of similar opportunities? Who will be served by this project, and what is the .estimated visitor use? Does the project connect to or complement other recreation areas or facilities? Are there, any barriers to public access? b. Sustainability (0-10 points) Entities that demonstrate the greatest ability to operate and maintain the proposed recreational facility will be given the highest ranking under this criteria. For example: What is your experience in operating/maintaining this type of project or other recreation project? EEM Program Procedures and Cdteria August 2000 Page 12 How do you propose to maintain and operate the project? If maintenance is to be performed by another entity, please include evidence of concurrence from that entity. How will materials and equipment be resistant to or Protected from vandalism? c. Other Benefits and Community Parl]cipation (0-$ points) Projects that provide other benefits (i.e. benefits of other categories ,- Highway Landscape and Urban Forestry and Resource Lands) and/or- demonstrate community support will receive points under this criteria. Other benefits include, but are not limited to, the use of plantS and trees to'offset vehicular emissions, *preservation of wildlife and natural habitat, increased opportunities for interpretive and/or environmental education, and active citizen participation in planning and/or maintenance of the project. Examples that .address this cdteda might include: Self-guided nature walks utilizing interpretive signs and displays at the project entrance and/or key viewing points. Litter abatement and beverage container recycling opportunities. InvOlvement of volunteers or citizen organizations in interpretive and educational activities, litter cleanup, and maintenance. : In addition, volunteer labOr and/or donated materials, will be viewed favorably as further demonstration of local and community support of the project. If volunteer services or donated items will be used, please provide a description of what will be provided, including value (listed separately from cash contributions) if possible. 5. COSTS AND ACCOUNTING 5-1. Eligible EEM Proiect Costs The Resources Agency may recommend projects to the California Transportation Commission (CTC) with unallocated .reductions in grant funding or with specific line item reductions. In such cases, the applicant may elect to' EEM Program Procedures and Criteda August 2000 .. Page 13 use non-grant Sources of funding if it i's deemed necessary to complete the project as planned. Only project-related costs incurred dudng the project performance pedod specified in the project budget and grant agreement will be eligible for reimbursement. All such costs are funded on a reimbursement basis, and will .be held to the ratio of EEM funds to Other Sources of Fundin.q desi,qnated in the bud.qet' and grant aRreement, which is .qenerally the ratio specified by the · applicant in the od.qinal project proposal. All costs submitted for reimbursement must' be supported by appropriate invoices, purchase orders, canceled warrants, and other records. Costs incurred in advance of a signed contract with the State and approval by the Commission are not eli.qible for reimbursement. All State requirements must be met and an agreement signed and approved between .the State and applicant before any costs are incurred against the grant in order to be assured of reimbursement. Only direct costs are eliRible. General program administrative costs, .qeneral overhead costs (i.e., costs calculated as a percentage of other direct costs, such as telephone, fax, and space rental, etc), and onaoin~ oroiect maintenance are not eligible for' reimbursement. 5-2 SPecific EEM Project Costs a. Prelimina~ Project Costs Preliminary project costs (e.g. construction plans, appraisals, acquisition negotiations, etc.) are eligible for reimbursement. However, costs incurred pdor to both the execution of an agreement between the State and the appli'cant and the allocation vote by the California Transportation Commission will not be reimbursed. b. Personnel and Employee Services Services of the applicant's employees directly engaged in project execution are eligible costs. These costs must be computed according to the applicant's prevailing wage or salary scales and may include fdnge benefit costs such as vacations, sick leave, social security contributions, etc. that are EEM Proqram Procedures and Criteria Au.qust 2000 Page 14' customarily charged to the applicant's projects. Costs charged to the project must be computed on actual time spent on the project, and be supported by time and attendance records describing the work performed on the project. Overtime costs may be allowed under the applicant's established policy, provided that the regular work time was devoted to the same project.· ' Salafies and wages claimed for employees working on State grant funded projects must not exceed the applicant's established rates for similar positions. .c. ConSultant Services The costs of consultant Services necessary for the project are eligible. Consultants must be paid by the customary or established method and rate of the appliCant. No consultant fee may be paid to the applicant's own employees 'without prior approval or unless specifically agreed to by the State. d. Construction Equipment The following conditions apply to the allocation of costs for construction equipment: Equipment owned by the applicant may be charged to the project for each use. Equipment use charges must be made in accordance with the applicant's normal accounting practices. The equipment rental rates published by the State Department of Tra'nsportation may be used as a guide. If'the applicant's equipment is used, a report or source document must descdbe the work performed, indicate the hours used, and relate the 'use to the project. ·This document must be signed by the operator and supervisor. Equipment may be leased, rented, or purchased, whichever is most economical. If equipment is purchased, its residual market value muSt be credited to the project costs on completion. e. construction Cosls The cost of all necessary construction activities from site preparation (including excavation, grading, etc.) to the completion of a structure or facility is EEM Program Procedures and Criteria AuRust 2000 Pa.qe 15 eligible. Also eligible are contract costs for tree Planting and irrigation systems. f. Trees, supplies, and Materials · Treesl supplies, and materials, including irrigation equipment may' be purchased for a specific project or may be drawn from a central stock, provided that they are claimed at a cost no higher than that paid by the applicant. However, reimbursement for the cost of vegetation Planted within public road d,qht-of-wa¥ is limited to trees. g. ACquisition Costs The COsts of acquiring real property are eligible and may include the purchase pdce of the property, appraisals, surveys, preliminary title reports, escrow fees, and title insurance fees. Grant applicants are encouraged to explore the feasibility of acquiring easements rather than fee title when appropriate. - h. Other ExpenditUres In addition to the major categories of expenditures, reimbursements may be made for miscellaneous costs necessary for execution of the project. Some of these costs are: Premiums on hazard and liability insurance to cover personnel and/or property. Work performed by another section or department of the applicant's agency. Transportation 'costs for moving equiPment and/or personnel. 6. Additional Information on the Program and Procedures Accounting procedures and eligible costs for this program are established by Caltrans and any needed additional information can be obtained from the local Caltrans, District Local Assistance Office, .(see the attached.list and map for specific locations and contact persons). EEM Program Procedures and Criteria August 2000 Pa.qe 16 Completed aPplications and questions regarding the EEM program Procedures and Cdteria should be directed to the EEMP Coordinator, California Resources Agency, 1416 Ninth Street, Suite 1311, Sacramento 95814, 916-653-5656. EEM Program Procedures and Criteria Au.qust 2000 Pa.qe 17 Checklist for Environmental Enhancement and Mitigation (EEM) Program Applicatior~ The following items, as applicable, are required for the EEM program application. Submit a total of four copies of all materials (original plus three copies.) Please assemble your application in the order listed below. Environmental Enhancement and Mia,qarion Proqram 1. Signed Application Face-Sheet and Assurances (see attached) 2. Table of Contents (with page number references) 3. Environmental Project Summary Brief description of project scope, location, and purpose, and amount of request Explanation for grant request that exceeds the specified funding limitation, if applicable 4. Agency Eligibility Authorizing resolution to apply for grant, required for local agencies and nonProfit organizations. (sample attached) Statement of related prior experience for local agencies and nonprofit applicants (include IRS determination letter of Section 501(c)(3) nonprofit status, if applicable) 5. . Related.Transportation Project Discussion of related transportation project and required mitigation, and the additional mitigation proposed by the EEM project. Transportation project lead agency form letter (provided in this application package) EEM Program Procedures and Criteda August 2000 Pa.qe 18 6. General Criteria -- Narrative and quantitative explanations for each of the General Criteria 7. Project Category Criteria Narrative and quantitative explanations for each of the Project Category Cdteria - for the category of grant project being proposed 8. Exhibits a. Statement of project consistency with local, State, and/or federal plans, and list of permits and approvals needed and applications filed with involved agencies. bl Project cost estimate (by.line item-object of expense). c. Proposed project development budget showing sources of cash funding. If volunteer services or donated items will be used, do not.include these in this budget document. (You may discuss their value separately from monetary contributions under the Other Benefits and Community Participation criteria.) d. Project completion schedule. e. Quarterly project development cash expenditure plan. f. prOject location map. g. Project site Photos. h. PrOject designs or concept drawings. - i. Acquisition schedule, if applicable. j. Acquisition map, if applicable (boundaries and parcel numbers). k. Certification for projects involving tree planting by a certified arbodst, registered professional forester, or registered landscape architect, including: EEM Pro.qram Procedures and Cdteda August 2000 Page 19 appropriateness of species for location and carbon dioxide uptake capability optimal initial tree size for survival proper planting and maintenance ensured compliance with local ordinances compliance with specified nursery stock standards I. For all projects involving Plantings, a description of the number of plantings, species, size, density, and locations m. All other exhibits (e.g. agreements with other involved agencies, etc.) n. Lastly, letters of endorsement (if any - not required) . STATE 0~- RESouRcEs AQENCY CAUFORN~& ~r~AN~JPO~I'AT~ON ENVIRONME~AL ENHANCEMENT AND M~IGATION PROGRAM APPLICATION (~nter G~nt Project Information unOer S~tion A and Transpo~ation Proiec; Information un,er Section B.) See revere side for additional instructions. PROGRAM CATEGORY (che~ one c~tego~, only. ~low) ~ Highway ~nds~ and U~an Forest~ ~ Resource ~nds ~ Roadside Re,eaton; A. GRA~ PROJECT (Name) . AMOU~ OF GRA~ REQUEST ES~MATED TOTAL PROJE~ COST (Gr~t. Donations, etc.. ex~uding Transpiration P~i~I GRA~ APPMCA~ (Agen~ ~ Address ~ ZIP ~de) GRA~ PROJECT LOCA~ON Ne~t Cm~ S~t ANTICIPATED CONSTRUCTION START AND COMPLETION DATES: ENVIRONMEHTAL CLEARANCE FOR GPJU~ pROJECT (check proposed type and status). TYP® __ .E.~mmpt __ Nagalive~ __,Catego~lE~.mpl~n ., Envimnmen~lmpact~ Name of Lead Agency NOTE: Final environmental cloctmmms must be submitted to ~e CTC before it'may approve project for funcrmg. B. RELATED TRANSPORTAllON PROJECT Dis~ct City County Route Number/Name Desc~plion of Related Tra, nspo~ Project Name o! Transportation Agency Date Consmaction Began or Scheduled Name of Approve<J/Certified Capital Outlay Program for Relatecl Transportation Project _ ~ certify.~har the information c~maJne~ in this project application form, including, required artact~nents, is accurate and ltmt I have read and unders~anc/ the importa~ informaifon.a/"/cl agree to I~e a.~'~w~$ on a~e reverse of tllis form. S~n~l Date -- ~ m~93) (Grant Applicants Aumodzm:l Representative, as shown on We Resolution) ~ ~ ~ 2 Program Application (continued) ASSURANCES Applicant possesses legal' authority to apply for the grant and to finance, acquire, and construct the proposed .project; and by formal action. (e.g., a resolution) the applicant's governing body authorized the filing of the application, including all unde~;-,ndings and assurances contained therein, and · authorized the person identified as the official representative of the applicant to act in connection the application and to provide such additional information as may be required. Applicant will manage and maintain any property acquired, developed, rehabilitated, or restored with grant funds in the future. V~th the granting agency's prior approval, the applicant or its successors in interest may transfer the management and maintenance'responsib~ifies in the property. If the property is not managed and maintained for the purposes stated in the project agreement, the state shall be reimbursed an amount at least equal to the amount of the grant award or, for real property, the pm rata fair market value of the property, including improvements, at the time of sale, whichever is higher. Applicant will give the state's authorized representative access to and the right to examine all records. books, papers, or doCUments related to the grant. Applicant will cause work on tile project to be commenced within a reasonable time after receipt of noti~ation from the-state that funds have been approved and that the project will be carried to completion with reasonable diligence. Applicant will comply where applicable ~ provisions of the California Environmental'Quarry Act and tt~ .Cal'~3rnia Relocation AssiStance ACt, and any or, her state, and/or local laws. roles Signed Date (Grant Applicant's Authorized Representative) RA (7/96) Page 2 of 2 SAMPLE RESOLUTION Resolution No: RESOLUTION OF THE (GOVERNING BODY) OF APPROVING (NONPROFIT ORGANIZATION/SPECIAL PURPOSE LOCAL AGENCY) THE APPLICATION FOR GRANT FUNDS FOR THE ENVIRONMENTAL ENHANCEMENT AND MITIGATION PROGRAM UNDER THE SECTION 164.56 OF THE STREETS AND HIGHWAYS CODE FOR THE FOLLOWING PROJECT: (PROJECT NAME) WHEREAS, the Legislature of the State of.California has authorized a program for funding grants to state, local and federal agencies and nonprofit entities for projects to enhance and mitigate the environmental impacts of modified or new public transportation facilities; and WHEREAS, the Resources Agency has established the procedures and cdteda for reviewing grant proposals and is required to submit to the California Transportation CommissiOn a list of recommended projects from which the grant recipients will be selected; and WHEREAS, said procedures and criteria established bY the Resources Agency require a resolution certifying the approval of application by the applicant's governing body before submission of said application to the State; and WHEREAS, the application contains assurances that the applicant must comply with; and WHEREAS, the applicant, if selected, will enter into an agreement with the State of California to carry out the environmental enhancement and mitigation project; NoW, THEREFORE, BE IT RESOLVED THAT THE (GOVERNING BODY) 1. Approves the filing of an application for the Environmental Enhancement and Mitigation Program for grant assistance. 2~ Certifies that said applicant will make adequate provisions for operation and maintenance of the project. 3. Appoints as agent of (NAME AND TITLE) the to (NONPROFIT ORGANIZATION/SPECIAL PURPOSE LOCAL AGENCY) conduct all negotiations, execute and submit all documents, including, but not limited to applications, agreements, amendments, payment requests and so on, which may be necessary for the completion of the aforementioned project. ApproVed and AdOpted the day of , 19 I, the undersigned, hereby certify that the foregoing Resolution Number was duly adopted by the (GOVERNING BODY) following roll call vote: 'Ayes: Noes: Absent: (CLERK/SECRETARY FOR THE GOVERNING BODY) TO: Secretary for Resources 1416 Ninth St., Suite 1311 Sacramento, CA 95814 SUBJECT: ENVIRONMENTAL ENHANCEMENT & MITIGATION PROJECT The following information is provided regarding the construction of a new transportation facility, or the enhancement of an existing transportation facility, in order to assist in the review of a proposed Environmental Enhancement and Mitigation Program (EEMP) grant project entitled: Description of related transportation project: Location of transportation project Related transportation project construction start date 1. Does any part of the proposed environmental grant project provide the same' environmental mitigation or enhancements required of the transportation project? (If "yes", please explain) 2. Is the proposed mitigation project compatible with the transportation facility, or does it interfere with the transportation facility operation or safety? (If incompatible, please explain) 3. Does the proposed mitigation project limit or interfere with planned or anticipated future improvements to the transportation facility? (If it interferes, please explain) 4. Describe any concerns about the proposed environmental project (e.g., design, safety, tree density, other EEMP project previously undertaken to mitigate the impact of this transportation project, etc.). Signature: Transportation Agency Representative Title Name of Transportation Agency. TYPICAL QUESTIONS AND ANSWERS ENVIRONMENTAL ENHANCEMENT & MITIGATION PROGRAM JULY 2000 The following are frequently asked questions about the Environmental Enhancement and Mitigation Program (EEMP) and the Resources Agency's responses. 1.. Last year, we submitted an application but did not receive funding. We haVe .improved our proposal and would .like to resubmit it this cycle. What do we need to do? The proposal must be resubmitted. When it is resubmittedl it will be considered as a new proposal and compared to those applications received .in the current grant cycle. Applicants must submit an original and three copies of the complete application package. The proposal must be fully updated, including all project information, the application form, and the resolution. The same related transpOrtation project can be used to' qualify the grant project even if construction is now underway or completed, so long as all other eligibility requirements are met. 2. What types of transportation projects are considered "related transportation projects"? · Environmental Enhancement and Mitigation Program projects must be directly or indirectly related to the environmental impact of modifying existing transportation facilities or to the construction of new transportation facilities (please refer to questions no. 4 and 5 below for additional requirements). Transportation facilities (i.e., a public street, highway, mass transit guideway or their appurtenant features) must be: o projeCts where modifying construction or new construction began after January 1, 1990; . o projects which are not yet under construction but are included in an adopted state transportation program or in a loCally adopted and certified capital outlay program. Where construction is undertaken in separate and distinct phases, each phase is considered as a separate project, provided that each phase yields an operable transportation improvement, i.e., a change in capacity, configuration, or traffic flow. 3. How can I find out if a transportation project is in an adopted state transportation program or a local capital outlay program? This information can be obtained by contacting your local CALTRANS district office, regional transportation agency, or local government. 4. Do all transportation facility projects which are a part of an adopted state transportation program or local capital outlay program qualify as 'Yelated transportation projects"?. Only those transportation facility projects which result in adverse environmental impacts will qualify for purposes of this grant program. In general, those projects that are strictly replacement construction or which fall into the category of "maintenance" would not qUalify, .while projects which involve a significant change in the capacity or configuration (i.e., change in the physical lay-out of the facility) would. For example, pavement resurfacing, repainting a bddge, or a replanting project would not under most circumstances have an adverse environmental impact and. would be considered maintenance. Additionally, a project such as constructing a sound barrier, which in itself mitigates an environmental impact, would not qualify. In contrast, widening a highway, constructing a.frontage road, or realigning a curve probably would have an adverse environmental impact and might qualify. Under other circumstances, there could be an instance where a transportation project is not required to provide CEQA mitigation but funding under this program might be feasible due to certain considerations (e.g., tree planting to offset the cumulative impacts of related transportation projects that received negative declarations or categorical exemptions). These examples are provided only as general guidance. The related transportation facility project contained in each proposal will be evaluated on a case-by-case basis: 5. If a transportation project requires mitigation, isn't the use. of grant funds for related mitigation-or enhancement projects duplicative? Proposed projects under this grant program must provide mitigation or enhancement over and above that required for the related transportation project under the California Environmental .Quality Act (CEQA) or the National Environmental Policy ACt (NEPAl. For example, if a new .highway runs through an area which was once a local park, part of the mitigation for that transportation project might be the acquisition of land and development of a .replacement park. However, an eligible enhancement project might 'be the secudng of additional land to extend the park facility, based on justifiable need caused by the effect of the modified or new transportation facility. 6. Am bike trails eligible for funding under the Environmental Enhancement and Mitigation Program? Yes. Bike trails are eligible under the category of Roadside Recreational Projects, provided all other relevant requirements' are met. Conversely, bike trails are not considered "related transportation facilities" because they are intended to assist in getting people to ~use alternate transportation to those fueled by petroleum based products. 7. Does a roadside recreational project have to be adjaCent to the roadway'/' Not always. If we use the example of a replacement park, we can illustrate this point. Assume that there is no available land for. park use adjacent to the new highWay but that there is a suitable parcel in the general area which would allow for increasing the size of the park. This would be acceptable if it can be related to the adverse impacts of the transportation project. However, of projects with relatively equal mitigation impacts, projects closer to the impact of the related transportation projects are more likely to be given a higher pdority for funding. 8. What is meant by enhancement or mitigation projects which are 'Indirectly" related to transportation projects? "Indirectly," as opposed to "directly," may be Used in reference to the geographic location of an enhancement and mitigation Project; that is, the project may not be in the immediate vicinity of the transportation project but in the general area. "Indirectly" may also be used to characteriZe the type of benefits produced. Again, let's consider'the park example in No. 7. The proposed park replacement project is indirectly related to the impacts of the new highway in that the park will be loCated about a half' mile from the original park site but will serve the same population; it indirectly mitigates the impacts of the highway by providing an open and tranquil natural setting for recreational users. Scenic overviews, and recreational trails would also probably have an indirect relationship to transportation projects. It is the responsibility of the applicant to explain the cause and effect relationship between the impact of the transportatiOn project and the proposed environmental project. 9. What are acceptable sources and required amounts for matching funds? A cash funding match is not required in this program. However, projects are 'evaluated and given credit for other sources of cash contributions which are included in project cost estimates and budgets. In-kind/volunteer services and donated materials are given credit under the Other Benefits .and Community Support evaluation criteria and are .viewed favorably as demonstration .of local support for the project. If other sources of cash provide some funding for the prOposed project, any source is acceptable - local, state or federal government, other grants, and/or public or private funding. Such contributions would have the effect of increasing the environmental benefit to be obtained from the expenditure of state grant funds by increasing the total number.of projects which can be funded from a limited appropriation. Additionally, funds from local sources would demonstrate the strength of local sUpport and commitment. Funding for the related transportation project is not considered as a'source of funding for the environmental project. 10. What is meant by ;~n-kind" and/or "volunteer" services? These terms inClude services needed for the project and prOvided for the project without charge to the applicant or state. In-kind services include work performed by the applicant's organization but not claimed for reimbursement as part of the program grant. Volunteer services are those provided by individuals outside the applicant's organization. . 11. Can I apply for funding for this grant cycle to undertake an enhancement and mitigation project related to a transportation project that will not begin construction until a later fiscal, year. Conversely, can I apply in a subsequent fiscal year for funding to undertake an enhancement and mitigation project related to a transportation project that was initiated alter Januaq~ 1, 1990 and completed prior to submitting my proposal? Yes to both questions. However, if the transportation project is not yet under construction, your proposal will not be as competitive as projects related to completed transportation projects. Also, it may be difficult for a proposed grant project to demonstrate that it will provide mitigation, in addition to that' required by CEQA, if the transportation project is not yet approved or underway. CEQA review for the transportation project must have been completed before the grant application is submitted. Finally, if for some reason a transportation project is shelved, grant funding will not be provided and limited grant monies will have been unnecessarily withheld from other worthwhile projects. 12. What information do I need to provide conceming the mitigation required under CEQA for the related transportation project?. In order to establish that the proposed grant project affords mitigatiOn over what is required under CEQA, the Resources Agency requires a concise but complete description of the mitigation required for the transportation project and the additional mitigation or enhancement to be funded under this program. You will need to submit a statement regarding the status of the environmental review process for the transportation project, a concise description of the mitigation requirements and the cause and effect relationship of the transportation, facility's environmental impacts to the proposed enhancement project. (While excerpts from the Environmental Impact Report are appropriate, do not submit the entire transportation project EIR.) 13. Are authorizing resolutions and statements describing the organization's autho,rity to carry out the .. proposed project required of all applicants? Yes. All local government agencies and nonprofit organizations are required to submit authorizing resolutions and authority statements. 14. How does the requirement for a signed statement from the lead agency for the related transportation project apply if the lead agency is a local govemment entity? A statement from the lead agency for the related transportation project .is required from all applicants, using the form letter provided in the Application Packet, even if the grant applicant is the same entity as the transportation lead entity. 15. Are letters of support necessary? Letters of support may be submitted but are not a cdtical factor in the evaluation. However, if endorsements are submitted, they should be' included with the grant application. Please do not send in separately. 16. If environmental review is required for the proposed environmental enhancement and mitigation project, when does the review process need to be completed? When you sUbmit your proposal to the Resources Agency, you will need to indicate on the application form the type and status of environmental clearance for the proposed grant project. The Resources Agency expects to review all project proposals and sUbmit a list of recommended eligible projects to the · California Transportation Commission each April. The Commission considers the list of projects for preliminary approval each July. Before the Commission considers these projects, lead agency environmental review must have been completed. This means that the environmental review process must be completed and all final environmental documents, including categorical exemptions, submitted to the Commission well in advance (no later than the · end of May) of the C.ommission's consideration of the program in early July (see California Environmental Quality Act, especially the Public Resources Code, Section 21150). 17. · When can work begin on an approved EEMP project?. Work can start once Caltrans and the applicant sign a project agreement,, or contract. This is the third requirement in a three-step process: First, is the California Transportation Commission's vote to adopt the annual program, consisting of concept approval of selected projects from the Resources . Agency's list of recommended projects (usually in July of the fiscal year of a given grant cycle), second is the Commission's vote to allocate grant funds for each approved project (this second vote takes place when the project is ready to proceed); and, third is the execution of an agreement between the applicant and the State. 18. If we run into delays, how long can we postpone initiating cons'mJction without losing our eligibility for funding? 'In .order fora project to remain eligible for funding, those steps outlined in. No. 17 must be undertaken pdor to the end of the state fiscal year during which the prOgram was adopted by the California TransportatiOn Commission. This includes the second Commission vote, which allocates grant funds for the project in question, and the signing of the project agreement by CaltranS and the applicant. t9. How much time is allowed to ex,pend all grant funds? Funds should be expended as soon as possible after the grant is awarded ~by the CTC and a project agreement has been executed. However, all expenditures must be made within three fiscal years. : 20. Will the program fund tree removal and replacement? Yes, tree removal can be funded if necessary to the design of the project. But, a project which simply proposes to replace trees removed by the transportation or the enVironmental project on a one for one basis is not likely to receive as high an evaluation relative to other projects which propose to increase the ' overall number'of trees. 2!. Are palm trees eligible for funding? Yes. But, because palm trees contribute very little to the uptake of carbon dioxide relative to other varieties of trees, projects consisting predominantly of palm trees are not likely to'score well in certain technical criteria relative to projects proposing other tree varieties. 22. Can projects be proposed for more than one program category? No. Only one category may be selected for each proposed project. However, all projects are evaluated and given up to five points credit under the "Other · Benefits" criteria for benefits associated with other project categories. QUESTS.VVEB Recording requested by and. when recorded mail to: State of California ' Department of Transportation, District (District no.) Office of Local Assistance (Space above.for Recorder's use.) Environmental EnhanCement and MitigatiOn (EEM) Program Agreement Declaring Restrictive Covenants (ADRC) Project Number: EEM- This Agreement Declaring Restrictive Covenants is entered into as of this day of ,20__~, by and between the , hereinafter referred to as "APPLICANT," and the State of California, acting by and through the California Department of Transportation (Caltrans), hereinafter referred to as "STATE." ' WHEREAS, APPLICANT will be the owner of the real property to be acquired which is described in Exhibit ADRC-A, attached hereto and incorporated herein by this reference, attached hereto and incorporated herein by reference; · WHEREAS, APPLICANT acquires the real property described in Exhibit ADRC-A, hereinafter referred to as "REAL PROPERTY," for the public purpose of undertaking REAL PROPERTY as an Environmental Enhancement and Mitigation (EEM) project which is directly· or indirectly related to the environmental impact of modifying existing transportation facilities or directly or indirectly related to the environmental impact of design, construction, or expansion of new transportation facilities described in Exhibit ADRC-B, hereinafter collectively referred to as "TRANSPORTATION FACILITIES;" · WHEREAS, STATE has allocated funds to APPLICANT for REAL PROPERTY as provided in section 164.56 of the Streets and Highways Code; and WHEREAS, both APPLICANT and STATE desire and intend to restrict the REAL PROPERTY uses to environmental enhancement and mitigation purposes so that all of REAL PROPERTY and TRANSPORTATION FACILITIES shall be benefited and each successive owner of all or part of said REAL PROPERTY and TRANSPORTATION FACILITIES shall be benefited by the preservation of REAL PROPERTY for environmental enhancement and mitigation purposes. NOW THEREFORE, in consideration of the mutual promises of the parties hereto, each to the other as covenantors and covenantees, and expressly for the substantial benefits to be' derived therefrom, and to bind, their successors in interest, the said parties agree as follows: 1 EEM-2000(000) date Management and Maintenance of Property 1. APPLICANT will manage and maintain in the future thc REAL PROPERTY acquired, developed, rehabilitated, or restored with funds allocated to APPLICANT pursuant to the Environmental Enhancement and Mitigation (EEM) Program Applicant-State Agreement No. With STATE's prior approval, APPLICANT, or its successors in interest, may modify or transfer these management and maintenance responsibilities in the REAL PROPERTY. If the REAL PROPERTY is not managed and maintained consistent with the application, the State Highway Account, at the sole discretion of STATE and 45 days notice to APPLICANT by STATE, shall be reimbursed an amount at least equal to the amount of the STATE's 'funding participation in REAL PROPERTY or STATE's pro rata participation in REAL PROPERTY based on its then fair market value, whichever is higher. 2.- All REAL PROPERTY acquired with STATE EnvirOnmental Enhancement and Mitigation Program funds shall be subject to this Agreement. If REAL PROPERTY is sold, traded, or otherwise put. to any use other than as approved in the application for the allocation for STATE funds, the State Highway Account, at the sole discretion of STATE and 45 days notice to APPLICANT by STATE, shall be reimbursed an amount at least equal to the amount, of STATE's funding participation in REAL PROPERTY or the pro rata fair market value of REAL PROPERTY, including improvements, at the time of sale, whichever is higher. The pro rata fair market value shall be based on the fund transfer amount applied toward the purchase of the property and the design and constmcti0n of improvements in proportion to the total purchase price of the property and the cost of all improvements made prior to the time of sale. Term 3. These covenants are to nm with the land and shall be binding on all parties and all persons claiming under them until revoked or amended pursuant to the Amendment and Revocation provisions of this AGREEMENT. Assignment 4. Without the written consent of sTATE, this AGREEMENT is not assignable in whole or in part by APPLICANT. Amendment and RevocatiOn 5. This AGREEMENT and any amendments to it may be amended in any .respect by the execution by STATE and APPLICANT of any instrument amending or revoking this AGREEMENT. The amending or revoking instrument shall make appropriate reference tO this AGREEMENT and its amendments and shall be acknowledged and recorded in the office of the County Recorder of thc counties in which the property is located. 2 EEM-2000(O00) date Enforcement 6. Enforcement shall be by proceedings at law or in equity against any person or persons violating or attempting to violate any covenant either to restrain violation or to recover damages. Indemnification 7. Neither. STATE nor any officer or employee thereof is responsible for any damage or liability occurring by reason of anything done or omitted to be done by APPLICANT under or in connection with any work, authority or jurisdiction delegated to APPLICANT under this AGREEMENT. It is understood and agreed that, pursuant to Government Code Section 895.4, APPLICANT shall fully defend, indemnify and save harmless the State of California, all officers, and employees from all claims, suits or actions of every name, kind and description brought for or on account of injury (as defined in Gov. Code #8108) occurring by reason of anything done or omitted to be done by APPLICANT under or in connection with any work, authority or jurisdiction delegated to APPLICANT under the AGREEMENT. STATE reserves the right to represent itself in any litigation in which STATE's interests are at stake. Purpose of Agreement 8. This AGREEMENT is solely for recording purposes and shall not be construed to alter, modify,, amend, or supplement the pursuant to the Environmental Enhancement and Mitigation (EEM) Program Applicant-State Agreement No. , or the application for funds as prepared by APPLICANT. Severability 9. Invalidation of any one of these covenants by judgment or court order shall in no way affect any of the other provisions which shall remain in full force and effect. 3 EEM-2000(000) date IN WITNESS WHEREOF, the parties hereby execute this AGREEMENT by. their duly authorized officers'as of the date set forth above and agree to be bound hereby: STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION APPLICANT By: By: . (District Right of Way Division Chief) (Applicant Representative Name) (Title) (Agency) (City, State, Zip) (Phone no.) (Space below for NOtary Public jurats or acknowledgments) 4 EEM-2000(000) date EXHIBIT ADRC-A REAL PROPERTY DESCRIPTION (For EEM projects involving acquisition of real property, or rights thereto, insert the legal description of the property to be purchased as presented to the CTC prior the project allocation vote) 5 EEM-2000(000) date EXHIBIT ADRC-B DESCRIPTION OF RELATED TRANSPORTATION FACILITIES (For EEM projects involving acquisition of real property, or rights thereto, insert the description of the related transportation facility consistent with the project application) 6 EEM-2000(000) date Recording requested by and when recorded mail to: State of California Department of Transportation, District (District no.) Office of Local Assistance ENVIRONMENTAL ENHANCEMENT AND MITIGATION (EEM) PROGRAM AND NOTICE OF REVOCATION OF RESTRICTIVE COVENANTS EEM Project Number EEM- NOTICE IS HEREBY GIVEN, that the undersigned revokes certain Agreement Declaring Restrictive Covenants to the.property described therein, caused to be recorded on ,20 , in Book , Page , of the Official Records of County, State of California, and any amendments thereto, caused to be recorded on ,20 , in Book' , Page , of the Official Records of County, State of California. IN WITNESS WHEREOF, the parties hereby execute this AGREEMENT by their duly authorized officers as of the date set forth above and agree to be bound hereby: STATE OF CALIFORNIA. DEPARTMENT OF TRANSPORTATION APPLICANT By: State Representative Name Applicant Representative Name Title Title Agency Address City, State, ZIP 7 EEM.2000(000) date' NURSERY STANDARDS SPECIFICATIONS FOR ACCEPTANCE OF NURSERY TREES ·AT THE TIME OF DELIVERY , PURPOSE To obtain vigorous, healthy trees whicl~ can be easily trained into attractive trees with structurally strong roots and croWns. SPECIFICATIONS (The buyer should choose and/or mOdify the appropriate sections depending, on the species. the landscape site. and the intended function of the tree.) All trees shall be true to type or name as ordered or shown on the plans and shall be individually tagged, or tagged in groups by species and 'cultivar (variety). II All trees shall be healthy, have a form typical for the species or culfivar, be well- .rooted, and properly trained. These characteristics.are described in Sections III, IV, and V, below. III All trees shall COmply with federal and state laws requiring inspection for plant diseases' and pest infestations. Inspection certificates required by' law shall accompany each shipment of plants. Clearance from the coUnty agricultural commissioner, as required by law, shall be obtained before planting trees delivered from outside the county in which they are to be planted. IV The root, ball of all bees shall be moist throughout, and the crown shall show no signs of moisture V The following criteria apply primarily to broad-leaved decurrent trees: Tree crown A. Each tre: should. have a single, fairly 'straight trunk that has not been headed or that could be pruned to a central leader. 1. Trees should have potentia! lateral scaffold branches (height of lowest scaffold depends on landscape use): a. For small-growing trees (crape myrtle, floWering fruit trees), branches should be at least 2 inches apart vertically; trees could be trained in the. landscape to 3-to-7 branches, 4 inches' or more apart vertically. For large-growing trees (ash, oak), branches should be at least 6 inches apart vertically; trees could be trained in' the landscape to 5-to-9 branches, 18 inches or more apart vertically. b. Branches should be radially distributed around the trunk. c. Branches should not be more than two-th~rds (2/3) the diameter of the trunk, measured 1 inch above the branch. d. Branch attachments should be free of included bark (bark embedded between the trunk and a lateral). 2. No lateral branches beloTM the lowest poten-fial scaffold should be larger than one-fourt~ (1/4) the. trunk diameter at point of attachment. 3. Each tree must be able to comply with Numbers I and 2 above without having removed, or having to remove, now or with the previous growing season (at least six months) more than twenty- five (25) percent of the branches of size similar to, or larger than, those of the potential scaffold branches. B. The minimum acceptable length of the most recent season's shOots should be specified. For example; shoots of such slow-growing trees as red maple, red oak, ginkgo might be 8 inches, and for fast-growing trees, the minimum acceptable length might, be 12 inches and preferably 24- ~ inches. C. The following, would be desirable: 1. The. tree should stand upright without support, 'unless the tree is bare mot~ 2. The tree should have small (less than 114 diameter of trunk) temporary branches along the trunk below the scaffold branches. Rems -. The following applies t~ COntainer, boxed, or battr..-,d and burlapped trees regardless of species .or ~',~:um size:' .-. D. The tree should be free of mots greater than one fifth (115) the trunk diameter visibly circling the trunk and free of 'knees" (mots) profl'uding above the soil. E. If in a tapered COntainer. slip the reot-ball out; the mot-ball periphery should be free of circling mots larger than 114 inch in diameter or a mat of 1/4 inch or larger.roots (acceptable diameters of circling peripheral roots depend on species and size of COntainer). F. Untie the t~'ee trunk from the stake; the trunk should not touch the top dm of the COntainer. G. Tip the root-ball or COntainer on its. side and with a small jet of water expose the mots within 2 inches of the trunk to a depth .of 2-1/2 inches below the topmost root attached to the l~'unk. The trunk should be free of circling roots as in Item D and kinks in the main mot(s). Replace soil washed from around the trunk with a similar soil mix (less than ten [10] percent of' the total root-ball volume should need to be added). H. If the trees pass the above inspections, the roo.'.s will be further inspected by'removal of the soil from the roots of not less than two (2) trees nor more than two (2) percent of the total number of trees of each species or vadety from each source. The trunk and main roots shall be free of serious circling and kinked roots. Circling roots at the periphery of the root-ball shall not be reason for rejecting' a tree unless they are large for the species and shoot growth is not acceptable for the species (see Section V, Item E). VI In case the sample trees inspected are found to be defective, the buYer reserves the right to reject the entire lot or lots of trees represented by' the defective samples..Any plants rendered unsuitable for planting because of this inspection will be considered as samples and will not be paid for. VII The buyer shall be notified when plants' are to be shipped at least ten (10) days prior to the actual shipment date, or the buyer may request to select the plants at the nursery before delivery. These specifications have in part been adapted from the Standard Specifications, January 1981, of the California Department of Transportation, Sacramento. ENVIRONMENTAL ENHANCEMENT AND MITIGATION (EEM) PROGRAM Caltrans Supplemental Information 2001-2002 Grant Cycle The following documents, which.are relevant to EEM program grant recipients, are attached for your information and reference: Map of Caltrans districts List of Caltrans district EEM program contacts Sample EEM program project agreement (to be executed between applicant and Caltrans (Do not submit this agreement with your grant application.) GLENN TUOLUMNE ~ / OIISffO · LOS BISTHIBT BB'UNBAHIES State of California-Office of Local Assistance District Local Assistance Engineer (DLAE & LAE) Contacts for the Environmental Enhancement and Mitigation (EEM) Program DISTRICT I DISTRICT 5 CONT'D DISTRICT 9 District Dire~;tor: Rick Knapp LAE: Dinh Le (Monterey Co.) District Director: Tom Hallenbeck DLAE: Jan Bulinski (805) 549-3572 DLAE: Richard Kizer 1656 Union Street Calnet: 8-629-3572 500 South Main Street Eureka, CA 95501 Bishop, CA '93514 (P. O. Box 3700) 95502 LAE: Bill Tyler (San Benito and (760) 872-0681 (707) 445-6399 Santa Cruz Cos.) Calnet: 8-627-0681 Calnet: 8-538-6399 50 Higuera Street ' Fax: (760) 872-0744 Fax: (707) 441-5869 San Luis Obisp0, CA 93401 (805) 549-3213 DISTRICT 10 DISTRICT 2 Calnet: 8-629-3213 District Director: Mark Leja District Director: Thom Nieson Fax: (805) 542-4722 LAE: Ken Puth LAE: Mark Fawver 1976 East Charter Way 16'57 Riverside Drive DISTRICT 6 Stockton, CA 95205 Redding, CA 96001 District Director:. Stan Lisiewicz (P. O. Box 2048) 95201 (P. O. Box 496073) 96049-6073 LAEs: Tom Glaski; Fayad Almasri (209) 948-7398 (530) 225~3489 826 L St. Calnet: 8-423-7398 Calnet: 8-442-3489 Fresno, CA 93721 Fax: (209) 948-3820 Fax: (530) 225-3020 . . (P. O. Box 12616) 93778-26i6 - (559) 445-5924; 6791 DISTRICT 11 DISTRICT 3 Calnet: 8-421-5924;-6791 -' District Director: Gary Gallegos District Director: Irene Itamura Fax: (559) 445-6937 LAE: Don Pope LAE: Roger Brown 2829 Juan Street 703 B Street DISTRICT 7 San Diego, CA 92110 Marysville,.CA 95901 District Director: Bob Sassaman (P. O. Box 85406) " (P. O. Box 911 ) 95901 LAE: Srikanth Gopinath 92186~5406 (530) 741-5452 700 N. Alameda St. . (619) 688-6790 Calnet: 8-457-5452 Los Angeles, CA 90012 Calnet: 8-688-6790 Fax: (530) 741-5466 (2'13) 620-6480 Fax: (619) 688-0114 Calnet: 8-640-6480 · DISTRICT 4 Fax: (213) 620-6583 DISTRICT 12 District Director: Harry Yahata District Director: Ken Nelson LAEs: Hin Kung; Chiachi Chen DISTRICT 8 DLAE: Samir $oliman 111 Grand Avenue District Director: Stan Lisiewicz 3355 Michelson Dr., 4~ Floor Oakland, CA 94612 LAE: Ernie Rogers (Riverside Irvine, CA 92612-1692 (P. O. Box 23660) 94623-0660 Co.) (949) 756-4953 (510) 286-5234; (510) 622-5912 (909) 383-4578 Calnet: 8-655-4953 Calnet: 8-541-5234; 8-561-5912 Calnet: 8-670-4578 Fax: (949) 724-2592 Fax: (510) 286-5229 LAE: .Carl Radsick (San DISTRICT 5 Bernardino Co.) District Director: Jay Waiter 464 West Third Street,. 10th floor, LAE: John Smida (San Luis MS1030 Obispo Co.) San Bernardino, CA 92401 (805) 542-4605 (P. O. Box 231 ) 92402 Calnet: 8-629-4605 (909) 383-4579 Calnet: 8-670-4579 LAEi Doug Heumann (Santa Fax: (909) 383-4129 Barbara Co.) (805) 542-3120 Calnet: 8-629-3120 6/15/00 FOR CALTRANS USE: I hereby certify upon my own personal knowledge that budgeted funds are available for this encumbrance. Accounting Officer Date: $ Chapter Statutes Item Fiscal Program BC Category' Fund $ 'Year Source Note to LPA, check Exhibit A - Part IIl for payment to escrow account. APPLICANT-STATE AGREEMENT NO. -00- ENVIRONMENTAL ENHANCEMENT AND MITIGATION 0gEM) PROGRAM PROJECT NUMBER: EEM-. THIS AGREEMENT, made effective this day of , 20 , by and between the , hereinafter referred to as '"APPLICANT", and the State of California, acting by and through the California Department of Transportation (Caltrans), hereinafter referred to as "STATE." WITNESSETH WHEREAS, as provided by Streets and Highways Code Section 164.56, enacted as part of Assembly Bill /~71 (Katz) in 1989, funds have been allocated to APPLICANT by the California Transportation Commission (CTC) after the project submitted by APPLICANT had been recommended for funding by the Resources Agency; and as described in the application; WHEREAS, STATE and APPLICANT now desire to enter into an Agreement relative to fund transfers and cost sharing on the described project. NOW, THEREFORE, the parties agree as follows: ARTICLE I - Project Administration 1. The EEM project application (the "Application") submitted by APPLICANT, together with all conditions and assurances contained therein, are made an express part of this Agreement. Should any conflict exist between the Application and the Agreement, the Agreement shall prevail. 1 EEM-2000(000) DATE 2. APPLICANT shall perform project, or projects, described in Exhibit A of this Agreement, hereinafter referred to as "PROJECT", which shall be acquired, developed, designed and constructed as provided in this Agreement. 3. If PROJECT is located on STATE-owned right-of-way, STATE design and constrUction standards and practices shall be followed. If PROJECT is not on STATE-owned right-of-way, the applicable design and construction standards and practices of the local government having jurisdiction over the PROJECT location shall apply. 4. In cas&s where the approved fund transfer amount is less than the amount for which APPLICANT originally applied, APPLICANT' is obligated to complete PROJECT without downscoping it, unless specifically authorized to do so, in writing, by the State Resources Agency. This will be accomplished by APPLICANT supplementing PROJECT costs with another funding source or by finding a less costly way to.complete the PROJECT. .. 5. The estimated cost of PROJECT is as shown in Exhibit A. While APPLICANT may, with STATE approval, award a contract in an amount in excess of said estimate, it is understood that the allocation of STATE' funds for PROJECT will not exceed that limit Set by Exhibit A. 6. In the event the estimated cost of PROJECT decreases by reason of low bids or otherwise, the allocation of STATE funds will be decreased proportionately with any decrease in APPLICANT's participating contributions. 7. Minor non-substantive changes may be made to the PROJECT, as described.in Exhibit A, .upon prior written notice to STATE and STATE's written acknowledgment of that proposed action. No major change, however, may be made in said PROJECT except, pursuant to an amendment to this Agreement duly executed by STATE and APPLICANT. STATE will determine ~what constitUtes a minor change by accepting.or rejecting the written notice by. APPLICANT of the intent to implement a specific minor change. 8. After completion and acceptance of PROJECT. by both APPLICANT and STATE, STATE shall pay STATE's share of the cost of PROJECT to APPLICANT, within sixty (60) days after receipt of a signed invoice for payment submitted by APPLICANT. At the option of APPLICANT, monthly or quarterly pro rata progress payments in an'ears may be made on a reimbursement basis upon submittal of invoices by APPLICANT and approval bY STATE of the PROJECT costs incurred. Pro rata payments will be based on the amount of the STATE fund transfer authoriZed herein in proportion to the total cost of PROJECT, including APPLICANT contributions. An invoice format document is included as Exhibit C. · 9. ' If PROJECT involves work anywhere on the State highway system, a separate standard form of encroachment permit between STATE and APPLICANT must be prepared and executed before pROJECT work maY commence. 10. APPLICANT shall comply ·with the requirements of the FAIR EMPLOYMENT PRACTICES ADDENDUM (Exhibit B) and further agrees that any agreement or service contract entered intO by APPLICANT with a third party for performance of work connected with the PROJECT shall incorPorate Exhibit B as a part of such agreement. 2 EEM-2000(O00) DATE 11. Upon completion of all work under this Agreement and prior to the expiration of this Agreement, APPLICANT shall prepare and file with STATE one (1) original Final Project Expenditure Report. The .Final Project Expenditure Report must be submitted with ~the final invoice on the PROJECT. ARTICLE II --Rights-of-Way 1. The acquisition, clearance, and improvement of rights of way necessary for the development of PROJECT shall be the responsibility of APPLICANT. Right-of-way acquisition and clearance costs may be included as a participating item of total PROJECT costs if inclUded as part of the PROJECT scope of work. 2. APPLICANT shall perform all PROJECT right-of-way activities in accOrdance with applicable State laws and regulations unless the STATE determines, in writing, that the State Uniform Relocation Assistance and Real Property Acquisition Policies Act (Government Code Sees. 7260-7277) do not apply to PROJECT. 3. APPLICANT, as part of its PROJECT design responsibility, shall identify and locate all utility facilities within the PROJECT area. All utility facilities, including those not relocated or removed in advance of construction, shall be identified on PROJECT plans and specifications. 4. If any existing public and/or private utilities conflict with the construction of PROJECT, APPLICANT will make all necessary arrangements With the owners of such utilities for their protection, relocation, or removal. If utility relocation is required within STATE right-of-way, APPLICANT shall conform to STATE standards, policies and procedures. If utility relocation is outside of STATE right- of-way, APPLICANT shall conform with local government policies. 5. APPLICANT shall certify as to legal and physical control of that PROJECT right-of-way once it is ready for construction and that the PROJECT right-of-way was acquired in accordance with applicable State laws and regulations, subject to review and concurrence by STATE, prior to the advertisement for bids for construction/development of PROJECT. 6. If right-of-way acquisition and clearance costs are included as a participating item of PROJECT costs, STATE shall provide funds only for purchase of the actual right-of-way required for PROJECT. If APPLICANT acquires right-of-way which includes excess land, STATE will not participate in the cost of the excess portion. In the event land initially acquired as part of PROJECT is declared excess at a later date, APPLICANT shall reimburse STATE, no later than one hundred twenty.(120) days after PROJECT completion or upon the subsequent sale of that excess land, for either the pro rata fair market value of that excess .at the time of disposal or, if that property is retained by APPLICANT, the pro rata fair market value of the excess land at that time. The pro rata fair market value shall be based on the total of the STATE fund transfer amount applied toward purchase of the property in proportion to the total purchase price of the property. 3 EEM-2000(000) DATE ARTICLE III - Safety 1. APPLICANT shall comply with OSHA regulations regarding necessary safety equipment and procedures. If PROJECT work is to be performed within STATE right of way, APPLICANT shall also comply with safety instructions issued by the District Safety Officer and other STATE representatives. APPLICANT's and APPLICANT's personnel shall see that all individuals wear white hard hats and orange safety vests at all times while working within STATE right of way. 2. Pursuant to the authority contained in Section 591 of the Vehicle Code, STATE has determined that within such areas as are within the limits of the PROJECT and are open to public .traffic, APPLICANT shall comply with all the requirements set forth in Divisions 11, 12, 13, 14, and 15 of the Vehicle Code. APPLICANT shall take all reasonably necessary precautions for safe operation of its and its agent's or APPLICANT's vehicles and the protection of the traveling public from injury and damage from such vehicles.when performing work within STATE right of way. ARTICLE IV - Inspection of Work 1. APPLICANT and any of its PROJECT subcontractors shall permit STATE to review and inspect PROJECT activities at all reasonable times during 'the performance period of this Agreement, including review and inspection on a daily basis. ARTICLE V - Equipment Purchase 1. Prior authorization in writing by STATE shall be required' before APPLICANT enters into any non-budgeted purchase order or subcontract exceeding $500 for supplies, equipment, or consUltant services. APPLICANT shall provide an evaluation of the necessity or desirability of incurring such costs. 2. For purchase of any item, service or consulting work not identified in APPLICANT's Cost Proposal and exceeding $500, with written prior authOrization by STATE, three (3) competitive quotations must be submitted with that request or the absence of bidding must be adequately justified.. 3. Any equiPment purchased asa result of this Agreement is-subject to paragraph 3 of this Article V. APPLICANT shall maintain an inventory of all nonexpendable property, defined as property having a useful' life of at least .two years and an acquisition cost of $500 or more. If purchased equipment needs replacement and is sold or traded in, STATE shall receive a proper refund or credit. Upon the expiration date of this. Agreement, or if this Agreement is terminated, APPLICANT may either keep the equipment and credit STATE in an amount equal to its fair market value or sell such equipment · at the' best price obtainable, at a public or private sale, in .accordance with established STATE procedures, and credit. STATE in an amount equal to the sales price. If APPLICANT elects to keep that equipment, ~fair market value shall be determined, at APPLICANT's expense, on the basis of a competent independent appraisal of such equipment. Appraisals shall be obtained from an appraiser mutually agreeable to STATE and APPLICANT. If it is determined to. sell the equipment, the terms and conditions of such sale must be approved in advance by STATE. EEM-2000(O00) DATE ARTICLE VI - Management and Maintenance of Property _ 1. APPLICANT will operate, manage and maintain into the future all property acquired, develoPed, rehabilitated, or restored with funds transferred through this Agreement. With STATE's prior approval, APPLICANT or its successors in interest may transfer management and maintenance responsibilities over the property. If the property is not managed and maintained consistent with the PROJECT application, APPLICANT or its successors in interest, at the discretion of STATE and within 42 days alter receiving notice to APPLICANT by STATE, shall reimburse STATE an amount at least equal to the amount of STATE's funding participation in PROJECT together with all accrued interest at State Treasurer's pooled money investment account. 2. All real property acquired with these funds shall be subject to an appropriate form of Title covenant approved by STATE. If the PROJECT property is sold, traded or otherwise put to any use other than that use as approved in the Allocation for STATE funds, the State Highway Account, at the discretion of STATE and within 45 days notice to APPLICANT by STATE, shall be reimbursed an amount at least equal to the amount of STATE's funding participation in PROJECT or the pro rata fair market value of the property, including improvements, at the time of sale, whichever is higher. The pro rata fair market value shall be based on the proportions of the fund transfer amount applied toward the purchase of the property and the design and construction of improvements in proportion to the total purchase price of the property and the cost of all improvements made prior to the time of sale. ARTICLE VII - Retention of Records/Audit Review Procedures 1. For the purpose of determining compliance with Public Contract Code I0115, et seq. and Title 21, California Code of Regulations, Chapter 21, Section 2500 et seq., when applicable, and other matters connected with the performance of the Agreement pursuant to Government Code 10532, APPLICANT, its contractors and their subcontractors and STATE shall each maintain all books, documents, papers, accounting records, and other evidence pertaining to the performance of this Agreement, including but not limited to, the allowable costs (Exhibit D) of administering this Agreement. All parties shall make such materials available at their respective offices at all reasonable times during the Agreement period and for four (4) years from the date of final payment under this Agreement. STATE, the State auditor, the Federal Highway Administration (FHWA), or any duly authorized representative of the Federal government shall have access to any books, records, and documents of APPLICANT that are pertinent to this Agreement for audits, examinations, excerpts, and transactions, and copies thereof shall be furnished by APPLICANT or its contractors, if requested. 2. Any dispute concerning a question of fact arising, under an interim or post audit of this Agreement that is not satisfactorily disposed of by agreement shall be reviewed by the Chairperson of the STATE Audit Review Committee (ARC). The ARC will consist of the Assistant Director, Audits & Security (Chairperson); Deputy Director of Transportation Engineering; the Chief CoUnsel, Legal Division, or their designated alternates; and two representatives appointment by the Director of Transportation from private industry whose role will be advisory in nature only and without voting fights. 5 EEM-2000(000) DATE Not later than 30 days after issuance of the final audit report, APPLICANT may request a review by the ARC of unresolved audit issues. The request for review will be submitted in writing to the Chairperson of the.ARC. The request must contain detailed information of the factors involved in the dispute as well as justifications for reversal. A meeting by the ARC will be scheduled if the Chairperson concurs that further review is 'warranted. After the meeting, the ARC will make recommendations to the Chief Deputy Director. The Chief Deputy Director will make the final decision for STATE within one (1) month following the receipt of the notification of dispute or following the ARC meeting recommendation date, whichever is later in time. 4. Neither the pendency of a dispute nor its consideration by STATE will excuse APPLICANT from full and timely performance of its obligations in accordance with the terms of this Agreement. 5. Any subcontract entered into as a result of this Agreement shall contain all the provisions of this Article VII. ARTICLE VIII - Allowable Costs and Payments ' 1. The method of reimbursement authorized .by STATE for PROJECT expenditures made by APPLICANT under this Agreement will be based on actual costs incurred. STATE will reimburse the STATE's proportionate share of actual costs (based on Exhibit 'A and including labor costs, employee benefits, travel, equipment rental costs, and other direct costs) incurred by APPLICANT in performance of the work. APPLICANT will not be reimbursed for actual costs that exceed the estimated wage rates, employee benefits, travel, equipment rental, fringe benefit rates, and other estimated costs set forth' in APPLICANT's cost proposal (Exhibit Al) unless additional reimbursement is provided for by Agreement amendment. In the event that STATE determines additional work beyond that specified in APPLICANT's cost proposal and this Agreement is required to produce a satisfactory PROJECT, the. actual costs reimbursable by STATE may be increased by Agreement amendment to accommodate that additional work. The maximum total costs as specified in this Article VIII, paragraph 7, shall not' be exceeded unless authorized by Agreement amendment. 2. Reimbursement for transportation and subsistence .costs shall not exceed the rates to be paid nonrepresented/excluded State employees under then current State Department of Personnel Administration rules detailed in the Caltrans Travel And Expense Guide. ~ 3. General and administrative PROJECT overhead is unallowable under the Resources AgenCy's Environmental Enhancement and Mitigation Program Procedures and Criteria guidelines. 4. Progress payments will be allowed and may be made no less than monthly in arrears based on PROJECT work performed and allowable incurred cost authorized as part of the PROJECT. 5. APPLICANT may not commence any reimbursable' PROJECT development work or services or PROJECT caPital outlay work before both Program adoption and funding allocation by the California Transportation Commission and execution of this' PROJECT 'agreement by both · APPLICANT and STATE. Reimbursement is subject to annual apPropriation by the Legislature in.the State Budget for the Environmental Enhancement and Mitigation Program Demonstration Fund. EEM~2000(000) DATE 6. APPLICANT will be reimbursed as promptly as fiscal procedures will permit upon receipt by STATE's Local Program Accounting office in the Accounting Service Center of signed invoices. One original and tWo copies of the invoice (in the format shown in Exhibit C) shall be submitted after the performance of work for which APPLICANT is billing. Invoices shall include detailed backup information supporting the work performed. The final invoice must contain the final cost and all credits due STATE, including credits or reimbursements due STATE for any equipment purchased under the provisions of Article V of this Agreement. The final invoice shall be mailed to the Caltrans District Director, ATTN: District Local Assistance Engineer, for proj6ct completion and final invoice approval. Progress invoices shall be mailed directly to STATE at the following address: DEPARTMENT OF TRANSPORTATION · Accounting Service Center, MS 33 Local Program Accounting Branch P. O. Box 942874 Sacramento, CA 94274-0001 7. The project financing is determined as follows: State Funding Participation: ., $ (%) of total project cost Applicant Funding Participation: $ (%) of total project cost Total Project Cost $ 100.00% 8. The total PROJECT amount payable by 'STATE, shall not exceedS(amount). ARTICLE IX - Cost Principles .. 1. APPLICANT agrees to comply with: 1) Resources Agency's Environmental Enhancement and Mitigation Program Procedures and Criteria, and 2) California Transportation Commission Guidelines for Allocating, Monitoring, and Auditing of Local Assistance Projects. 2. APPLICANT agrees to comply with the following, as applicable: A) The Contract Cost Principles and Procedures, 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31 et seq., which shall be followed to determine the allowability of individual items' of cost for which reimbursement is sought. B) 49 CFR, Part 18, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments and Office of Management and Budget Circular A-87, Cost Principles for State and Local Governments.. C) Office of Management and Budget Circular A-122, Cost Principles .for Nonprofit Organizations, which shall be used to determine costs of grants, contracts and other agreements with nonprofit organizations (excluding colleges, universities and' hospitals). D) Office of Management and Budget Circular A-21, Cost Principles for Educational Institution establishing principles for determining costs applicable to grants, contracts,' and other agreements with educational institutions. 7 EEM-2000(000) DP~TE E) Office of Management" and Budget Circular A-110, Uniform Administrative Requirements' for Grants and Agreements. with .Institutions of Higher Education, Hospitals and other Nonprofit Organizations. 3. Any costs for which payment has been made to APPLICANT that are determined by subsequent audit to be unallowable under Paragraphs 1 and 2 of this Article IX are subject to repayment by APPLICANT to STATE. ? 4. Should any conflict exist between the STATE guidelines as described in Paragraph 1 and 2 of this Article IX, the following order will prevail and be applied as follows: 1) Resources Agency's Environmental Enhancement and Mitigation Program Procedures and Criteria; 2) California Transportation Commission Guidelines for Allocating, Monitoring, and Auditing of Local Assistance Projects, 3) 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31 et seq.; 49 CFR, Federal Acquisition Regulations System, Part. 18, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Govemment; OMB A-21, Cost Principles for Educational Institutions; OMB A-Il0, Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals .and Other Nonprofit Organizations; OMB A-122, Cost Principles for Nonprofit Organizations; and OMB' A-87,. Cost Principles for State and Local Government. 5. Any subcontract entered into as a result of this Agreement shall contain all the provisions of this Article IX. 6. Should APPLICANT fail to reimburse moneys due STATE' within thirty (30) days of demand, or within such other period as may be agreed between the parties hereto, STATE is authorized to withhold' future payments due APPLICANT from any source, including but not limited to, the State Treasurer, the State Controller and the California Transportation CommissiOn. ARTICLE X- Subcontracting ' 1. APPLICANT shall perform the Work contemplated with resources available within its own organization and no portion of the work pertinent to this Agreement shall be subcontracted without written authorization by STATE, except that which is exPresslY identified in APPLiCANT's Cost Proposal (Exhibit Al). 2. Any' subcontract in excess 'of $25,000, entered into as a result of this Agreement, shall contain all the provisions stipulated'in this Agreement and shall be applicable to all subcontractors. 3. Any substitution of subcontractors must be approved in writing by STATE. Any subcontract entered into as a result of this Agreement shall contain all the provisions of this Article X. 8 EEM~2000(000) DATE ARTICLE XI - Insurance 1. If the scope of APPLICANT services will not require APPLICANT or a subcontractor to enter upon STATE highway right of way, then the APPLICANT is not required to show evidence of general comprehensive liability insurance. 2. In the event that APPLICANT or an agent, contractor or subcontractor of APPLICANT will be present or working on STATE right of way, prior to commencement of the work described herein, the APPLICANT shall furnish to STATE a Certificate of Insurance stating that there is general comprehensive liability insurance presently in effect for APPLICANT and its agents, contractors, and subcontactors with a combined single limit (CSL) of not less than one million dollars ($1,000,000) per occurrence. 3. The Certificate of Insurance must provide: A. That the insurer will not cancel the insured's coverage without 30 days prior written notice to the STATE. B. That the STATE, its officers, agents, employees, and servants are also included as additional named insureds, but only insofar as PROJECT operations under this Agreement are concerned. C.. That STATE will not be responsible for any premiums or assessments on the policy. 4. APPLICANT agrees that all bodily injury liability insurance or self-insurance required herein shall be in effect at all times during the term of this Agreement: In the event said insurance coverage expires at any time or times .during. the term of this Agreement, APPLICANT agrees to provide, at least thirty (30) days prior to said expiration date, a new Certificate of Insurance or Certificate of Self-Insurance evidencing coverage as provided for herein for not less than the remainder of the term of the Agreement, or for a period of not less than one (1) year. New Certificates are subject to the approval of STATE and Department of General Services. In the event APPLICANT fails to keep coverage as herein provided in effect at all times, STATE may, in addition to any other remedies it may have, terminate this Agreement upon the occurrence of such event. 5. If APPLICANT is self-insured, the EEM project APPLICANT shall submit a Certificate of Self-Insurance asserting that APPLICANT is covered for all purposes of liability for all work performed hereunder. STATE and APPLICANT acknowledge that only one Certificate of Self- Insurance will be required and that APPLICANT must maintain that level of Self-insurance [not less than one million dollars ($1,000,000)]. It is also. understood that STATE, its officer, agents, employees, and servants, are included as covered for all purposes insofar as the operations of APPLICANT under this Agreement are concerned. 9 -EEM-2000(000) DATE ARTICLE XII - Miscellaneous Provisions' 1. Neither STATE nor any officer or employee thereof is responsible for any damage or liability occurring by reason of anything done or omitted to be' done by APPLICANT under or in connection with any work, authority or jurisdiction delegated to APPLICANT under this Agreement. It is understood and agreed that, pursuant to Government Code Section 895.4, APPLICANT shall fully defend, indemnify and save harmless STATE and its officers, and employees from all claims, suits or. actions of every name,, kind and description brought, for or on account of injury (as defined in' Government Code Section 810.8) occurring by reason of anything done 6r omitted to be done by APPLICANT under or in connection with any work, authority or jurisdiction delegated to APPLICANT under this Agreement. STATE reserves the fight to represent itself in any litigation in which STATE's interest are at stake. 2. APPLICANT, and the agents and employees of APPLICANT, in performance of this Agreement, shall act in an independent capacity and not as officers, employees or agents of STATE. 3. STATE may terminate this Agreement with APPLICANT should APPLICANT fail to perform the covenants herein contained at the time and in the manner herein provided. In the event of such termination, STATE may proceed with the PROJECT work in any manner deemed proper by' STATE. If STATE terminates this Agreement with APPLICANT, STATE shall pay APPLICANT :the sum of allowable costs due APPLICANT under this Agreement prior to termination, provided, however, that the cost of PROJECT completion to STATE shall first be deducted.from any sum due APPLICANT under this Agreement, and the balance, if any, shall then be paid APPLICANT upOn demand. 4. Without the. written consent of STATE, this Agreement is not assignable by APPLICANT, either in whole or in part. 5. Time is of the essence in this Agreement. 6. No alteration or variation of the terms of this Agreement shall be valid unless made in writing and signed by the parties hereto, 'and no oral understanding, or agreement not incorporated herein shall be binding on any of the parties hereto. 7.. The consideration 'to be paid APPLICANT, as provided herein,, shall Constitute full compensation for all of APPLICANT's allowable approved costs and expenses incurred in the performance hereof, unless otherwise expressly so provided.. 8. APPLICANT warrants, by execution of this Agreement, that no person or selling agency has been employed or retained to solicit or secure this Agreement. upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by APPLICANT for the purpose of securing business. For breach or violation of this warranty, STATE has the fight to annul this Agreement without liability, pay only. for the value of the work actually performed, or in its discretion, to deduct frOm the price of consideration, or otherwise, recover from APPLICANT, the full amount of such commission, percentage, brokerage} or contingent fee. 10 EEM-2000(000) DATE 9. In accordance with Public Contract Code Section 10296, APPLICANT hereby states under penalty of perjury that no more than one final unappealable finding of contempt of court by a Federal court has been issued against APPLICANT within the immediate preceding two-year period because of APPLICANT's failure to comply with an order of a Federal court that orders APPLICANT to comply with an order of the National Labor Relations Board. 10. APPLICANT shall disclose any financial, business, or other relationship with STATE, the Resources Agency, or the California Transportation Commission (CTC) that may have an impact upon the outcome of this Agreement. APPLICANT shall also list current associates or clients who may have a financial interest in the outcome of this Agreement. 11. APPLICANT hereby certifies that it does not now have nor shall it acquire any financial. or business interest that would conflict with the performance of this Agreement. 12. APPLICANT warrants that this Agreement was not obtained or secured through'rebates, kickbacks or other unlawful consideration either promised or paid to any STATE or Resources Agency employee. 'For breach or violation of this warranty, STATE shall have the right, in its sole discretion, to terminate the Agreement without liability, to pay ,only for the work actually performed, or to deduct from the Agreement price or otherwise recover the full amount of such rebate, kickback, or other unlawful consideration. 13. This Agreement is subject to any additional restrictions, limitations, conditions, or any statute enacted by the State Legislature or the Federal Government that may affect the provisions, terms, or funding of this Agreement in any manner. 14. This Agreement shall terminate on June 30, 2003, or upon the earlier completion of PROJECT, whichever is first earlier in time, except that APPLICANT duties regarding, the continuing operations and maintenance of PROJECT Property, credits due STATE, and indemnification of STATE shall survive. IN WITNESS WHEREOF, the parties have executed this Agreement by their duly 'authorized officers. STATE OF CALIFORNIA DEPARTMENT OF APPLICANT TRANSPORTATION By , Chief By Local Programs Management, Design and Local Programs 1120 "N" street, Sacramento, California 95814 APPLICANT Representative Name and Title Agency Address City, State, ZIP Telephone No. 11 EEM-2000(000) DATE EXHIBIT A - PROJECT DESCRIPTION APPLICANT: PROJECT NAME: ~COUNTY: I. Project Location and Description of Work Proposed: Location: Description of Work: II. Proposed Project Funding: TOTAL PROJECT COST: $ Financing: Federal Funds (if any): $ APPLICANT Funds (if any): $ State Funds (amount approved by CTC): $ III. Remarks and Covenants (On EEM projects involving acquisition o. f real property, or rights thereto, if the.APPlicant requests that State funds be deposited directly into an escrow account, insert the following) Pursuant to the terms of Applicant-state Agreement No. , dated and effective immediately, the (Name of Applicant) requests and authorizes that the EEM fund warrants be made out in the name of the and mailed to (Name of Title Company) (Address of Tide Company) Phone No. Attention: (Name of Escrow AgenO for Escrow No. EEM-2000(000) DATE EXHIBIT A1 - COST PROPOSAL · (This must be completed by APPLICANT for allprojects, except for acquisition-only projects, and returned with Applicant-State Agreement to the STATE.) APPLICANT: PROJECT NAME: COUNTY: Direct Labor: (labor rates must be calculated as actual dollar earned per hour and cannot include overhead costs) Classification Name Hours · Rate Total Project Manager ~ Total Direct Labor Costs Fringe Benefits: (Benefits, such as vacation, medical, and retirement, etc., must be calculated as rates earned per hour) Other Costs: (itemize with description, quantity, unit price, and total cost; estimates acceptable) Travel Costs Equipment and Supplies Other Direct Costs Subcontractor Costs: (attach scope of work and detailed cost estimate for each subcontractor) Volunteer Services: Classification Name Hours Rate Total Volunteer Total Volunteer Labor Costs Donations: (itemize with description, quantity, unit price, and total cost; estimates acceptable) Materials Other Total Project Cost: 13 EEM-2000(000) DATE EXHIBIT B FAIR EMPLOYMENT PRACTICES ADDENDUM 1. In the performance of this Agreement, APPLICANT will not discriminate against any employee for employment becaUse of race, sex, color, religion, ancestry, or national origin. APPLICANT will take affirmative action to.ensure that employees are treated 'during employment, without regard to their race, sex, color, religion, ancestry, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or. recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. APPLICANT shall post in conspicuous places, available to employees for employment, notices to be provided by STATE setting forth the provisions of this Fair Employment section. 2. APPLICANT will permit access to the records of employment, employment advertisements, application, forms, and other pertinent data and records by the State Fair Employment and' Housing Commission, or any other agency.of the State of California designated by the awarding authority, for the purposes of investigation to ascertain compliance with the Fair EmplOyment section of this Agreement. 3. Remedies for Willful Violation: a) The State may determine a willful violation of the Fair Employment provision to have occurred upon receipt of a final judgment to that effect from a court in an action to which APPLICANT was a party, or upon receipt of a written notice from the Fair Employment and Housing Commission that it has investigated and determined that the APPLICANT has violated the Fair Employment Practices Act and had issued an order, · under Labor Code Section 1426, which has become final, or obtained an injunction under Labor Code Section 1429. b) For willful violation of this Fair Employment Provision, STATE shall have the right to terminate this Agreement either in whole or in part, and any loss or damage sustained by STATE in securing the goods or services hereunder shall be borne and paid for by APPLICANT and by the surety under the performance bond, if any, and STATE may deduct from any moneys due or the thereafter may become due to APPLICANT, the difference between the price named in the Agreement and the actual Cost thereof to STATE. 14 EEM-2000(000) DATE EXHIBIT C - INVOICE FORMAT (Letterhead of APPLICANT) For Progress Invoice: For Final Invoice: Date 'of lnvolce Department of Transportation Name, District Director Billing No.: 1, 2, or Final Invoice Accounting Service Center, Department of Transportation Invoice No: Local MS 33 Agency's Invoice Number Local -Programs Accounting Street or P.O. B°x Number Project Completion Date: Branch Final Date or "Ongoing" (if not final). P.O. Box 942874 City, CA Zip Code County: County Name Sacramento, CA 94274-0001 Attn.: Name, District Local Assistance Caltrans Expenditure Engineer Authorization (EA) No.: Project EA No. Reimbursement for Environmental Enhancement and Mitigation (EEM) funds is claimed pursuant to Project No. ., Applicant-State Agreement No. , Agreement date Description of work covered by this Invoice: Preliminary Construction Acquisition Construction Engineering Engineering and Contract Incidentals Total Costs ** Less: Non-Participating Costs Participating Costs to Date ReimbUrSement Ratio Participating Costs Subtotal Less: Amount Previously Claimed Total Amount This Invoice ** Note: State will make the payment(s) in arrears on a reimbitrsement basis of its proportionate share of actual costs incurred to date; times/~eets, volunteer labor, mileage logs, donated materials, receipts, and other documents may be required by state as supporting documentation prior to reimbursement. 15 EEM-2000(000) DATE (For EEM projects involving acquisition of real property rightsl or rights thereto, if the Applicant requests that State funds be deposited~ directly into an Escrow Account, insert the following) Pursuant to Exhibit A of above referenced Applicant-State Agreement, _ (Name of Applicant) Requests and authorizes that the Environmental Enhancement and Mitigation (EEM) fund warrants be made out in the name of the Title Company and mailed to (Title Company Address) , Attention: For Escrow No. 'I certify that the work covered bY this Invoice has been completed in accordance with approved plans and specifications; the costs shown in this Invoice are tree and correct; and the amount claimed is due and Payable within the terms of the Agreement. · I further certifY, if applicable, that acquisition of real property, or rights thereto, (has been) (will be) acquired in accordance with applicable State laws and regulations.. APPLICANT REPRESENTATIVE NAME & TITLE Approved For Payment: DISTRICT RIGHT-OF-WAY DIVISION CHIEF (if applicable) 16 EEM-2000(000) DATE EXHIBIT D ACCOUNTING & AUDIT GUIDELINES FOR CONTRACTS WITH CALTRANS INTRODUCTION The purposeof this brochure is to outline for you, a potential contractor with the California State Department of Transportation (Caltrans), the basic elements of an adequate accounting system, and the types and objectives of audits that will be performed in relation to your contract. In order to successfullycompete for a contract and meet the audit reqUirements, a contractor (whether prime or subcontractor) must have a system of record keeping and internal control. Although a specific cost accounting system is not required, a contractor needs a system which will assure compliance with the terms of the agreement. ACCOUNTING SYSTEM Contractors (whether a prime or subcontractor) planning to contract with Caltrans must have an accounting system which meets the following objectives: 1. The ability to record and report financial data in accordance with generally accepted accounting principles. 2. A system of record keeping to ensure that costs billed to Caltrans are: a. Supported by adequate documentation b. In Compliance With the terms of the Contract and applicable Federal and State regulations specified in the contract 3. A system of record keeping ideally includes the following: a. A general ledger b. Job cost ledger c. Labor distributions d. Time records e. Subsidiary journals f. Chart of accounts g. Financial statements 4. The ability to accumulate and segregate reasonable, allocable (incurred solely for a project) and allowable (per terms of the contract) costs through the use of a cost accounting system. The following are some of the attributes which would ideally be found in such a system: a. A chart of accounts which includes indirect and direct general ledger accounts. · Indirect costs are not specifically identified to a project, for example, rent and/or 17 EEM-2000(000) DATE utilities. Direct costs are specifically identified with a project, for example, drafting hours and/or design hours. b. Segregation of costs by contract, category of cost and milestones (if applicable). c. Proper recording of direct and indirect costs. For example, recording of labor costs should provide that non-project indirect hours be recorded on a timesheet and in the accounting records to an administration, vacation, sick leave or other indirect cost account/code. Direct project hoUrs should be recorded on a timesheet and in the accounting records to a direct project cost account/code. d. Consistent accounting treatment of costs in recording and reporting. For example, if travel expense is charged directly to a project, all travel expense incurred on any project should be considered a direct cost. As a result, project-related travel, whether reimbursable per the contract terms or not, should be included as a direct cost. e. Ability to trace from invoices submitted to Caltrans to job cost records'and original, approved source documents, for example, time sheets, vendor invoices, canceled checks. f. Ability to reconcile job cost records to the accounting records. 5. Compliance with cost principles described in the Code of Federal Regulations 48, Federal Acquisition Regulations System (FAR), Chapter 1, Part 31. Information on how to obtain this regulation is described under "Audit Criteria" on the following page. 6. Procedures to monitor and adjust projected overhead rates to actual-rates. 7. Controls to ensure that written approval is obtained prior to any changes to the contract. 8. Procedures to retain accounting ~records and source documentation as reqUired by the terms of the contract. 9. A system of internal control which provides reasonable assurance that assets are protected; financial data, records and statements are reliable; and errors and irregularities are promptly discovered, reported and corrected. The elements of a system of internal control should include, but not be limited to, the following: a. Separation of duties for proper protection of assets. Incompatible duties are those that place any person in a position to both perpetrate and conceal errors or irregularities in . the normal course of business. For example, the person who writes checks should be different from the person who reconciles bank statements and the person who purchases goods should be different from the person Who receives goods. b. Limiting access to assets to °nly authorized personnel who requires these assets in the performance of their assigned duties. For example, blank check stock should be locked in a safe when not in use. c. Authorization and record keeping procedures which provide effective accounting control over assets, liabilities, revenues,.and expenditures. A system of practices to be followed in the performance of duties and functions. SUch a system normally includes policies and procedures which establish the purpose and. 18 EEM-2000(000) DATE requirements of the accounting system. For example, timekeeping practices should ideally provide for the following: · Timesheets be prepared, signed and dated by all employees. · Timesheets be completed in non-erasable ink. · Timesheet corrections be crossed out and initialed by the employee. · Timesheets by signed by a supervisor as reviewed and retained on file as required by the contract. e. Personnel with skills and training commensurate with their responsibilities. f. A system of internal review. For example, bank reconciliations and travel expense claims should be reviewed, approved, and signed by a supervisor. AUDITS Contractors, whether a prime or subcontractor, performing under a negotiated contract with Caltrans are subject to the following audits. INTERIM AUDITS Interim audits are perfOrmed on an as-needed basis. The Applicant, subcontractors, and the State shall maintain all books, documents, papers, accounting records, and other evidence pertaining to the performance of this Agreement. All parties involved in the contract shall make such materials available at their respective offices at all reasonable time during the Agreement period and for four years from the date of final payment under this Agreement. The interim audit will determine if the accounting systems adequately ensure that billed costs are supported and that any deficiencies are corrected. An interim audit may be requested by the contract administrator or by Caltrans' management to address concerns during the course of the contract. Also, an audit manager may initiate an interim audit of a multi-year contract to ensure that costs reimbursed to date are allowable. POST AUDITS Post audits of contracts are performed routinely after project completion. Post audits are performed to determine whether the costs claimed are allowable, allocable, reasonable, and in compliance with the Federal and State laws and regulations as well as the fiscal provisions stipulated in the contract. The examination includes reviews of applicable laws and regulations, the contract requirements and the contractor's internal control system. Audit tests of the contractor's accounting records and other auditing procedures considered necessary will also be performed. Applications of all audit procedures would also be governed by the individual contract under audit. Unsupported or unallowable costs are normally the result of weaknesses in the accounting system and will be reimbursed to Caltrans. To provide contractors with'a procedure for obtaining prompt and equitable resolution to a dispute arising from a post audit of a non-highway constmction cost reimbursement contract, Caltrans has established an Audit Review Committee (ARC). Information explaining the ARc should be found in your contract and/or as an attachment to the post audit report. i 19 .EEM-2000(000) DATE AUDIT CRITERIA ~ For specific information regarding basic cost accounting systems and applicable State and Federal ~ regulations, please see the following: Code of Federal Regulations 48, Federal Acquisition Regulations System, Chapter 1, Part 31: This regulation contains cost principles and procedures for the pricing of contracts/subcontracts and the determination, negotiation, or allowance of costs. Contact: Supe~rintendent of Documents Government Printing Office Washington, DC 20402 Washington, DC (202) 512-1800 San Francisco (415) 512-2770 Los Angeles (213) 239-9844 California State Administrative Manual: - A reference source for statewide policies, procedures, regulations and information. Contact: Office of State Publishing Department of General Services Call for order form: (916) 445-2295 · , For review of the above references, contact your local library or the California State Library. California State Library Library and Courts Building 914 Capitol Mall P. O. Box 942837 Sacramento, CA 94237-0001 Information: (916) 654-0261 Forassistance in establishing an accounting system which will meet the objectives outlined in this brochure, you should contact an accountant and/or bookkeeper who is familiar with cost accounting systems. . Caltrans is an affirmative action employer. Equal opportunity, is offered to all regardless of race, color, creed, national origin, ancestry, sex, marital status, disability, religious or political affiliation, age or sexual orientation. Contractors that. Contract with Caltrans are responsible for taking necessary and reasonable steps to achieve these same goals. 20 EEM-2000(O00) DATE City of Bakersfield *REPRINT* REQ/JOB: WF00 8602 / PROJECT: DATE PRINTED: REQUEST DATE:9/ 13/00 CREW: TIME PRINTED: 10:00:29 SCHEDULE DATES LOCATION: ~'i'a~T: 9~13Z0~ LOCATION ID: ZIP CODE: COMPLETION: 9/21/0 GEN. LOC: FACILITY NODES FROM: FACILITY ID: TO: REF NBR: REQ DEFT: CITY COUNCIL REFERRAL PRIORITY: HIGH REQUESTOR: DEMOND ORIGIN: CITY COUNCIL REFERRAL USER ID: RBARNHAR WORK TYPE: REFERRAL DESCRIPTION: STREETSCAPE EXPANSION REQUEST COMMENTS ***REFERRAL TO PUBLIC WORKS*** COUNCILMEMBERS DEMOND & C;LRSON REQUESTED STAFF INCLUDE BOTH THE DOWNTOWN STREETSCAPE PROJECT AND THE LAKEVIEW BEAUTIFICATION PROJECT BE INCLUDED IN THE ENVIRONMENTAL ENHANCEMENT & MINIGATION (EEM) GRANTS. ALSO, CONSIDER OLD TOWN KERN AND SOUTHEAST BAKERSFIELD REDEVELOPMENT AREAS. Job Order Description: STREETSCAPE EXPANSION at~gory: PUBLIC WORKS asK: RESPONSE TO REFERRAL Assigned Department: PUBLIC WORKS START DATE __/ /__ COMPLETION DATE / / MEMORANDUM September 21,2000 TO: ALAN TANDY, CITY MANAGER FROM: ~'~STANLEY C. GRADY, PLANNING DIRECTOR SUBJECT: COUNCIL REFERRAL #WF0018617 - COUNCILWOMAN CARSON - PUBLIC HEARING NOTICE FOR SURFACE MINE PERMIT Attached please find the requested public notice for a Surface Mining permit at 2416 East Planz Road. The hearing before the Board of Zoning Adjustment is scheduled for October 10, 2000. SG:pah Attachment cc: Trudy Slater, Administrative Analyst RECS VED !CITY MANAGER'S OFF[CE PUBLIC HEARING NOTICE NOTICE OF PUBLIC HEARING BEFORE THE BOARD OF ZONING ADJUSTMENT OF THE CITY OF BAKERSFIELD The Board of Zoning Adjustment is giving notice that they will hold a hearing beginning at 3:00 p.m., TUESDAY, October 10, 2000, in the Council Chambers of City Hall, 1501 Truxtun Avenue, Bakersfield, California, to accept public testimony regarding the following request: Project description: (Surface Mining Permit No. P00-0413) A Surface Mining Permit to allow the excavation and removal of sand and approval of the Reclamation Plan for the site. The project site is two adjacent 20-~: acre parcels (total 40~ acres). The material to be mined is sand to be used in various construction projects. The project will involve the removal of no more than 1.1 million cubic yards of sand, with a maximum excavation depth of 20 feet below area grade. A maximum of 200 daily vehicle trips are anticipated. The hours of operation will be from dawn to dusk. Reclamation will consist of leveling and compacting the site to a depth of approximately 16:t: feet leaving the grade level of the finished land below the grade level of the adjacent land. The reclaimed site will be returned to a condition where a viable use within the M-3 (Heavy Industrial) zone category can be pursued in the future. Access to the site will be via Planz Road an existing collector street to Cottonwood Road. Project location: 2416 East Planz Road Project applicant: Wilson and Associates 1400 Easton Drive #132 Bakersfield, CA 93309 The Board of Zoning Adjustment is also giving notice that they will accept public testimony regarding the potential eff~t of this project on the environment. Following the regulations of the California Environmental Quality Act (CEQA), an initial study has been completed describing the degree of possible environmental impact of the project. This study has concluded that the proposal will not significantly affect the environment; therefore, the Board proposes to approve a Negative Declaration. You may review and/or obtain copies of the initial study and Negative Declaration at the Planning Department (Louise Palmer, Project Planner) in the Development Services Building at 1715 Chester Avenue, Bakersfield, California, or by telephoning the department at (661) 326-3733. The Board of Zoning Adjustment will consider all public comments regarding the proposed project and the environmental determination at the public hearing. They will also accept written comments but they must receive them on or before the hearing da~e. Written comments must refer to the file number and be directed to the City of Bakersfield Board of Zoning Adjustment, c/o Planning Department, 1715 Chester Avenue, Bakersfield, California, 93301. If you challenge the action taken on this proposal in court, you may be limited to contesting only those issues raised at the public hearing or in the written correspondence received by the Board. Planning Director SURFACE MINING PERMIT P00-0413 R-2 ST R-2 R-2 DR .-2 I¢~1 B EAST PLANZ ROAD i:61 R-2-MH C2 FILSON ST c,I ; c,~w'R ST R-2-MH LEWIS ST R-2-MH G 1308, R28E Robert M. Sherfy , Allen M. Shaw ~%_?x~' ,._,-', --' ;~,. ~'.~./,,,~~='~:'~ ~'~'/'- .~, ,, - ,~.-. · Walter H. Port. Jr. Michael G. Allford Carl Heman~zlII CITY OF BAKERSFIELD lanice Scanlan hru'ginia C~naa~ OFI*ICE OF TItE CITY ATTORNEY Andrew C. Thonmon 1501 TRLrX'rUN AYEN~ BAKERSFIELD. CA 93301 · ~DMINISTR~ ~IST.au'NT Lori A. AgUilar TELEPHONE: 661-326-3721 FACSIMILE: 661-852-2020 September 15, 2000 Mr. Ricky L. Peterson 1817 Filson Street' Bakersfield, California 93307 Re: Memorandum dated September 11, 2000 Dear Mr. Peterson: I am in receipt of your September 11, 2000 memorandum. I concur with your Conclusion that the City Council is the body which determines what funds or equivalent resources, if any, are to be allocated to the PAC.. In fact, when the City Council approved the budget for the City Attorney's Office for this year, it contained funding for redevelopment legal services, which would include legal services for both. PACs. These services are being provided by two members of my staff. Additionally, the City, through my office, has retained Kathryn Reimann, an attorney with extensive redevelopment experience to provide expertise when critical issues arise. As you may recall, the PAC's prior requests for outside attorney services had been taken directly to the City Council via the Budget and Finance Committee. It is my understanding the Committee declined to recommend funding for such outside attorney services to the Council and felt the legal services provided by the City Attorney's Office, and the associated budgeted funding for such services, was sufficient. It is also my understanding that the most recent request by the PAC was reviewed by staff. It was determined that any further expenditure of funds would most likely have to come from the budget for the Southeast Bakersfield Redevelopment Area. Therefore, staff felt the Agency should review the PAC's request before it is brought before the Council. Mr. Ricky L. Peterson September 15, 2000 Page 2 Inasmuch as the state law established legal function of a PAC is only as an advisory body to the Agency, a PAC, therefore, should never find itself in a position adverse to the City or the Agency. Accordingly, since no adverse position exists, the providing of legal services by the City Attorney to the City, Agency and the PAC does not create a conflict of interest nor give rise to a legal requirement for separate representation. Since the City Council, as the legislative body, has made its determination to provide funding or equivalent resources to the PAC via its budgetary process, no further legal 'steps are required. If you wish to discuss this matter further, please do not hesitate to contact me at 326-3721. Very truly yours, City Attorney · BJT:laa cc: Honorable Mayor and City Council Bakersfield Redevelopment Agency Members Alan Tandy, City Manager $:\COUNCIL\Lcttc~\Pctcrson 0911 memo r~p,wpd September 20, 2000 To: Alan Tandy, City Manager Honorable Mayor Price and Council Members From: Eric W. Matlock, Chief of Police Subject: Council Referrals Council Member Couch Council Member DeMond During the September 13th meeting, Council Members' DeMond and Couch referred speeding complaints on Beech and Montclair Streets. Operations staff were assigned to monitor both areas and provide extra traffic enforcement. I will provide a more detailed response next week, after I have the opportunity to analyze our current efforts. EWM/vrf PUBLIC WORKS DEPARTMENT SEP 2 2 2001) MEMORANDUM TO: ALAN TANDY, CITY MANAGER FROM: RAUL M. ROJAS, PUBLIC WORKS DIRECTOR DATE: SEPTEMBER 21, 2000 SUBJECT: COUNCIL REFERRAL WF0018598/001, WARD 2, URS GREINER STUDY MEETINGS SCHEDULE. "DEMOND REQUESTED STAFF PROVIDE COUNCIL WITH A SCHEDULE OF URS GREINER STUDY MEETINGS AND MONTHLY UPDATES REGARDING THE ON-GOING STATUS OF THE URS GREINER STUDY." URS Greiner, a national transportation engineering firm, is the consultant for the Bakersfield Systems Study of the metro area for future road improvements, circulation, freeways, and related facilities. The Study is expected to last about a year. Staff met with URS Greiner, along with CalTrans, KernC©G and Kern County. URS Greiner will be preparing a schedule for both City and County officials of all meetings. This schedule is expected shortly and will be forwarded to the City Council. Staff will also provide project status updates to the Council. cc: Jack LaRochelle, Engineering Services Manager S:\WP\CC_R E FS\WF0018598. U RS_Greiner_Study_Schedule. ref. wpd Page 1 of I City of Bakersfield *REPRINT* WORK REQUEST PAGE 1 REQ/JOB: WF0018598 / 001 PROJECT: DATE PRINTED: 9~18~00 REQUEST DATE: 9/11/00 CREW: TIME PRINTED: 12:09:08 SCHEDULE DATES LOCATION ID: ZIP CODE: COMPLETION /00 GEN. LOC: FACILITY'NODES FROM: FACILITY ID: TO: REF NBR: REQ DEPT: CITY COUNCIL REFERRAL PRIORITY: HIGH REQUESTOR: DEMOND ORIGIN: CITY COUNCIL REFERRAL USER ID: RBARNHAR WORK TYPE: REFERRAL DESCRIPTION: URS GREINER ST'o-DY MEETINGS REQUEST COMMENTS ***REFERRAL TO PUBLIC WORKS - J. LAROCHELLE*** DEMOND REQUESTED STAFF PROVIDE COUNCIL WITH A SCHEDULE OF URS GREINER STUDY MEETINGS AND MONTHLY UPDATES REGARDING THE ON-GOING STATUS OF THE URS GREINER STUDY. Job Order Description: 1/RS GREINER STUDY MEETINGS atDgory: PUBLIC WORKS asK: RESPONSE TO REFERRAL Assigned Department: PUBLIC WORKS START DATE / / COMPLETION DATE / / MEMORANDUM September 20, 2000 , SEP 2 I 2000 TO: ALAN TANDY, CITY MANAGER FROM: ~7'~"~STANLEY C. GRADY, PLANNING DIRECTOR SUBJECT: COUNCIL REFERRAL #WF0018620 - COUNCILWOMAN DeMOND - RESPONSE TO CORRESPONDENCE FROM KENNETH FRY The attached letter was mailed to Mr. Fry this date addressing his concerns regarding the zone change at Ming Avenue and Canter Way. SG:pah Attachment P:\Corres\fry.ref. wpd BAKERS'FIELD Development Services Department Jack Hardisty, Director Dennis C. Fidler Stanley C. Grady Building Director Planning Director (661) 326-3720 Fax (661) 325-0266 September 20, 2000 (661) 326-3733 Fax (661) 327-0646 Mr. Kenneth B. Fry 5051 Ming Avenue, Apt. 45 Bakersfield, CA 93309 Dear Mr. Fry: Your letter dated September 1, 2000 was referred to the Planning Department to prepare a response to your concerns regarding the zone change at Ming Avenue and Canter Way. In your letter you asked why neighbors were not notified aboUt the zone change. You also expressed concern that renters are denied access because they do not receive notice. Notice requirements for Planning actions are contained in the Califomia Government Code. That code. requires that notices be sent to property owners within 300 feet of the project site. This process was followed for the subject zone change. We also publish notices in the Bakersfield Californian and usually receive broadcast news coverage on controversial cases. The intent is not to exclude anyone from the public process, but rather to comply with the law. You also commented about the Metropolitan Bakersfield 2010 General Plan. The general plan is a policy document. State law allows it be amended four times a year. That process 'provides some degree of flexibility so that property owners c. an respond to changes in the community that occur after the plan is adopted. What you describe as not following the plan is part of the process of implementing the plan. Your concernS about the projects impact on the residential neighborhoods in the area, as well as questioning:the need for additional commercial, were evaluated in the environmental analysis and during the public hearing at the Planning Commission. The Planning Commission went further and referred the project to a committee which reviewed the project in a public meeting and proposed design modifications to address neighborhood concerns. The City of Bakersfield and County of Kern have an. approved Habitat Conservation Plan for Metropolitan Bakersfield. The plan allows for the incidental take of certain endangered species resulting from urban development. This project would be covered by that plan. Your concern about potential kit foxes on the property is understandable. However, the HCP plan recognizes the potential impact of development activity within the Metropolitan Plan area on endangered species. Land acquired through the plan creates a permanent preserve for endangered plants and animals. City of Bakersfield · 1 715 Chester Avenue · Bakersfield, California · 93301 ~enneth B. Fry September 20, 2000 Page Two Traffic impacts were another concern expressed in your letter. Considerable review and evaluation of traffic related impacts for this project were completed as part of the staff evaluation of this project. A traffic study was prepared and traffic related improvements necessitated by this project were identified. Conditions of approval for the project include traffic related improvements identified in the traffic study which was prepared for this project. Concerning your rights to protect your neighborhood, you are exercising them now through your correspondence with the City. You and your neighbors have made your concerns known and they were considered during the public hearing. If you are dissatisfied with the outcome, your options may be limited because the City Council has acted on the Planning Commission's recommendation to approve the project. You may want to monitor the project to determine if conditions applied to the project achieved the level of mitigation intended, or you may want to seek additional controls through changes to ordinances and policies to address your concerns in the future. If you have further questions Concerning this project, feel free to contact me at your convenience. Sincerely, SCG:pah cc: 'Jack Hardisty, Development Services Director P:\Corres\fry. ltr.wpd E ECE VE; -' SEP 2or K E R S F I E L D ~_,,jTYMAN~GEn'$ PUBLIC WORKS DEPARTMENT MEMORANDUM DATE: September 22, 2000 TO: ALAN TANDY, CITY MANAGER FROM: RAUL ROJAS, PUBLIC WORKS DIRECTOR SUBJECT: TRAFFIC ISSUE NEAR THORNER SCHOOL Council Referral Record #WF0018607 / 001 Councilmember Maggard requested staff assist in resolving an issue due to development of a subdivision near Thorner Elementary School which is causing various traffic problems. Also, staff is to provide information as to when the project will be completed. A meeting was held regarding this issue at the City of Bakersfield Public Works Department on Tuesday, September 19, 2000. In attendance were Principal Margaret Gallegos of Thorner Elementary School, Randy Holzclaw and JeffTurman, both of Turman Construction Co., Inc. (Contractor), Harold Robertson, Porter-Robertson (Developer's Engineer), Raul Rojas, Public Works Director, Marian Shaw, Civil Engineer-Subdivisions, Steve Walker, Traffic Engineer, and Mike Maggard. In order to help control the traffic problems resulting from the construction, a "Right Turn Only 7:30 a.m. to 9:30 a.m." will be installed on Thorner Street at the intersection of Panorama Street. In the interest of providing an alternate parent drop-off location, the school principal will consult with the school district's operation manager as to the feasibility of adding a gate to the fence at the existing bus turn around at the rear of the property, and if they would relieve the adjacent property owner of liability as a result of the use of his property as an access for parents. If this is acceptable, then Porter Robertson will contact the property owner to get their permission and a temporary easement. Turman Construction will then blade a 30 foot access road from Morning Drive to the rear of the property and will provide a dirt ramp at the curb of the turn around. Public Works will place rock dust on this access road. Construction of the roads in this subdivision is expected to be complete by late January 2001. G:VSROUPOA'r~Referrals~laggarcfiThornerl.wpd ---Page 1 of I Pages--- ~ City of Bakersfield *REPRINT* WORK REQUEST PAGE 1 REQ/JOB: WF0018607 / 001 PROJECT: DATE PRINTED: 9~22~00 REQUEST DATE: 9/13/00 CREW: TIME PRINTED: 11:31:42 SCHEDULE DATES LOCATION: S'rA~'r: LOCATION ID: ZIP CODE: COMPLETION: 9/21/ GEN. LOC: FACILITY NODES FROM: FACILITY ID: TO: REF NBR: REQ DEPT: CITY COUNCIL REFERRAL PRIORITY: HIGH REQUESTOR: MAGGARD ORIGIN: CITY COUNCIL REFERRAL USER ID: RBARNHAR WORK TYPE: REFERRAL DESCRIPTION: TRAFFIC ISSUE NEAR THORNER SCHOOL REQUEST COMMENTS ***REFERRAL TO PUBLIC WORKS*** MAGGARD REQUESTED PUBLIC WORKS ASSIST IN RESOLVING A TRAFFIC ISSUE AS A RESULT OF A DEVELOPMENT OF A SUB-DIVISION NEAR THORNER ELEMENTARY SCHOOL WHICH IS CAUSING VARIOUS TRAFFIC PROBLEMS. ALSO, STAFF TO PROVIDE INFORMATION AS TO WHEN THE PROJECT WILL BE COMPLETED. Job Order Description: DEVELOPMENT ISSUE NEAR THORNER SCHOOL Category: PUBLIC WORKS Task: RESPONSE TO REFERRAL Assigned Department: PUBLIC WORKS START DATE / / COMPLETION DATE / / BAKERSFIELD CITY MANAGER'S OFFICE MEMORANDUM September 22, 2000 TO: Councilmember Couch FROM: John W. Stinsot~, [/AJAs~sistant City Manager SUBJECT: Referrals dated 9/13/00 The following are staff responses to the referrals made by you on 9/13/00: #1 Question: Respond to letter from Barbara Bates regarding the preservation of the Spenser House in relation to the City Center project. Response: The City Manager sent a letter to Ms. Bates on September 14th, indicating that the current City Center plans do not affect-the Spenser House. #2 Question: Request for staff to review correspondence from Paul Kay, Fruitvale Properties, requesting the City to assume responsibility for several landscape right-of-ways in the Riverlakes Ranch area, along Coffee Road and Hageman Road. Response: Several departments have been involved in the review of 'Mr. Kay's proposal, including Development Services and the Don Anderson, the City's real estate property agent. Their conclusions are outlined in the enclosed response from Assistant City Manager Alan Christensen. #3 Question: Request for staffto review and comment on the Herschel Moore.dairy issue and to prepare a letter to the Board of Supervisors expressing Council's concerns addressed in ihe resolution opposing the Borba Dairy. Response: Staff is.in the process of reviewing the draft EIR for the project and will share their observations with the 'City Council upon completion. Councilmember Couch September 22, 2000 Page 2 The enclosed letter will be sent to the Board of Supervisors, from the Mayor, as a reminder to the County that we have asked them to keep the City's recommendations regarding planning for dairies in mind when deliberating over such projects. Question: Request for road repair on Noriega Road between Jewetta and Allen Road, with a written response on the status. Response: Public Works staff prepared the attached status report on repairs currently being done and future plans for improvement of Noriega Road. #5 Question: Provide a status report on the timing and funding for a left turn signal at 24th and Chester and possible improvements to the Ming and Freeway 99 on-ramp. Response: A report, for both locations, was prepared by Public Works. JWS:RKS Enclosures BAKERSFIELD Alan Tandy · City Manager September 14, 2000 Ms. Barbara Bates 2301 A Street Bakersfield, CA 93301-3521 Dear Ms. Bates: You wrote to several City and Redevelopment Agency officials, expressing your concern about preserving the Spencer ~House. We are well aware of its historic significance. The current plans for "City Center" do not include anything on the land where the Spencer House sits. If you have any more questions, please do not hesitate to contact me. Sincerely, City M ana/~r AT: rs cc: Honorable Mayor and City Council Ad Hoc Committee - City Center Project Bakersfield Redevelopment Agency Members City of Bakersfield · City Managers Office ° 1501 Truxtun Avenue Bakersfield · California · 93301 (661) 326-3751 · Fax (661) 852-2050 BAKERSFIELD CITY CLERK Barba,,~ H Bates 2301 A St ,'!..:.'.~ ~ -:-, .i:'> ,,--~"'" ......... Bakersfield CA 93,~]-3521 /~ I ..... ..... -'"'-'"-"--. · ;:,.-;:. ', .... ~' . - ~-.~ ...... " .} '.._ · -..:. :..,%..:-:".: '~-' -:,::--'r ~ :-'. : From: Alan Christensen To: Rhonda Smiley Date: Fri, Sep 22, 2000 9:18 AM Subject: Paul Kay Letter Per Mr. Kay's request, we have looked into the matter and it is clear that the linear lane, while wider that normal, is not a park but a landscaped area adjacent to the RiverLakes Ranch development. The city's responsibility in these situations is to maintain the strip, and we will or have obtained an easement for that purpose. However, the property should continues to be owned privately like it is throughout the city. Regarding the two strips on Hageman Rd. that were offered to the City by Mr. Kay, we found that they are not large enough to develop as parks. Don Anderson was able to assist Mr. Kay by asking the County to eliminate property taxes in the future. However, the County was unwilling to reimburse past property taxes. Mr. Anderson is following up with a letter to Mr. Kay. September 22, 2000 County of Kern Board of Supervisors 1115 Truxtun Avenue, 5th Floor Bakersfield, CA 93301 Honorable Board Members: On behalf of the City Council, I am again sending you a copy of the resolution which the Council adopted on March 29, 2000 regarding the proposed Borba Dairies. Although you have made a decision.regarding the Borba Dairies, the City Council respectfully requests that you reconsider the recommendations in the resolution, as they may apply to other dairy projects which may come before the Board of SuperviSors for approval. The resolution recommends: · That the County complete a county-wide plan and program environmental impact report specific to animal confinement and feeding facilities which defines where such facilities may be located, and identify minimum mitigation measures .required, similar-to the process used by Tulare County. · The formation of a joint special committee made up of representatives from both the City and County Planning Commissions to make suggestions for the development of policies, protocols, and procedures for both bodies for the review and approval of projects on the fringe of City boundaries within the 2010 General Plan in order to balance planning issues at the City/County interlace. The City of Bakersfield recognizes that planning for dairies outside the City of Bakersfield is, -ultimately, up to the Board of Supervisors to decide. However, the-City Council would respectfully request that you give serious consideration to our recommendations, which we believe will help avoid future plannir~g conflicts anti promote better intergovernmental cooperation and joint planning between the City of Bakersfield and Kern County. Mayor 1501 Truxtun Avenue · Bakersfield, Califomia 93301 · (661) 326-3770 · Fax (661) 326-3779 E-mail address: mayor@ci.bakersfield.ca.us RESOLUTION NO. ~ ~, ". 0 0 A RESOLUTION OF THE CITY COUNCIL OF THE CITY.OF BAKERSFIELD REGARDING THE PROPOSED BORBA DAIRIES WHEREAS, the City of*Bakersfield is pro-business, pro-agriculture, and supports the attraction of business and industry to Kern County; and WHEREAS, in attracting business and industry to Kern County all pertinent regulations should be clearly set forth; and WHEREAS, such regulations should detail the approval processes, siting criteria and land use-relationships for such businesses and industries; and WHEREAS, the City of Bakersfield and the County of Kern have a joint interest in the type, quality and location of development within the Metropolitan Bakersfield 2010 General Plan ("2010 General Plan") area; and WHEREAS, the City and Kern County are committed to a cooperative approach to providing government services, including development review; and WHEREAS, there needs to be a balancing of compatibility between the growing economy of the urbanized area and the growing industrial/agricultural economic base in the areas adjacent thereto; and WHEREAS, projects such as the proposed Borba dairies and other significant agricultural and industrial projects affect the City of 'Bakersfield and its residents, as such projects occur within and adjacent to the 2010 General Plan boundaries; WHEREAS, the City and Kern County should develop a coordinated,'consistent protocol for jointly reviewing extraordinary and significant projects at and/or near the incorporated/unincorporated boundaries of the metropolitan area; and WHEREAS, the City Council supports-the protection of property rights within existing zoning ordinances of present and future residents, businesses and property owners and consideration of property values in all decisions; and WHEREAS, the City ,Council has heard and received comments from those who support the Borba dairies and city residents with concerns about potential environmental impacts as well as quality of life issues C°nceming the siting of the Borba dairies in close proximity to existing and planned residential areas, schools, as well as the City of Bakersfield's drinking water aquifer and groundwater banking operations; and WHEREAS, opinions of experts have been presented both in support and in opposition to the proposed Borba dairies; and WHEREAS, the City Council supports the establishment of the Borba dairies within Kern County, outside the 2010 General Plan area; and WHEREAS, the City Council believes the secudng of an. alternate site within Kern County would benef'~ all those affected by the proposed BOrbadaides. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Bakersfield as follows: 1. The above recitals are true and correct; 2. The City Council recommends that in order to bring clarity and certainty to the location of animal confinement and feeding facilities, such as the Borba dairies, that Kem County complete a county-wide plan and program environmental impact report specific to concentrated animal confinement and feeding facilities, which defines where such facilities may be located, and identify minimum mitigation measures required, similar to the process used ~by Tulare County; 3. The City Council proposes a joint special .committee made up of representatives from both the city and county planning commissions be formed to make suggestions for the develoPment of policies, protocols, and procedures for both bodies for the review and approval of projects on the fringe of city boundaries within the 2010 General Plan in order to balance planning iSSues at th'e city/county interface; and 4. The City Council strongly urges the County of Kem to take affirmative steps to facilitate the location of an alternate site within Kern County and outside the 2010 General.Plan boundaries for the Borba daides where the pOtential for incompatibility between agricultural and urban uses would not exist, and, in that regard, offers the assistance-of the City of Bakersfield in this process. ...... o0o ...... Page 2 of 3 Pages I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on M~,R ~ § 21300 by the following vote: AYES: COUNCILMEMBER CARSON, DeMOND, MAGGARD, COUCH, ROWLES, SULLIVAN, SALVAGGIO NOES: COUNCILMEMBER No-~%;~ ~.~ ABSTAIN: COUNClLMEMBER ~ O tO ~_. ABSENT: COUNCILMEMBER ~,~ " CITY and Ex Officio ~,w.~ ~, ,he ' Council or'the City of Bakersfield APPROVED MAR ~9 ~000 MAYOR of the. City of Bakersfield APPROVED as to form: BA/~I~. THILTG~N~ CITY ATTORNEY-~f the City of Bakersfield .NVS:jp S:UOHN~Urban Dev~.esolution-Borba ,wpd March 30, 2000 -- Page 3 of 3 Pages SEP B A K E R S F I E L D PUBLIC WORKS DEPARTMENT MEMORANDUM TO: ALAN TANDY, CiTY MANAGER FROM: RAUL ROJAS, PUBLIC WORKS DIRECTOR DATE: SEPTEMBER 21, 2000 SUBJECT: ROAD REPAIR ON NORIEGA ROAD Council Referral WF0018619 1 001 ICouncilmember Couch referred the issue of road repair on Noriega Road between Jewetta and Allen Roads. The area on Noriega Road will be developed within the near future, at which time the road will be improved. In the meantime, the Street Division will resurface Noriega Road with a cold-mix material (oilsand). The resurfacing project will be completed by September 29, 2000. G:~G ROUPDAT~STRE ETS~Noriega Road. Resurfacing.wpd ~- _~ City of Bakersfield *REPRINT* REQ/JOB: WF0018619 / 001 PROJECT: DATE PRINTED: 9~18~00 REQUEST DATE: 9/ 13/00 CREW: TIME PRINTED: 12:01:06 SCHEDULE DATES LOCATION: ~'r~u~'l': ~13~00 LOCATION ID: ZIP CODE: COMPLETION: 9/21/00 GEN. LOC: FACILITY NODES FROM: FACILITY ID: TO: REF NBR: REQ DEPT: CITY COUNCIL REFERRAL PRIORITY: HIGH REQUESTOR: COUCH ORIGIN: CITY COUNCIL REFERRAL USER ID: RBARAL{AR WORK TYPE: REFERRAL DESCRIPTION: ROAD REPAIR ON NORIEGA REQUEST COMMENTS ***REFERRAL TO PUBLIC WORKS*** COUCH REFERRED THE ISSUE OF ROAD REPAIR ON NORIEGA ROAD BETWEEN JEWETTAAND ALLEN ROADS AND REQUESTED A WRITTEN RESPONSE BACK. Job Order Description: ROAD REPAIR ON NORIEGA  at~gory: PUBLIC WORKS asK: RESPONSE TO REFERRAL Assigned Department: PUBLIC WORKS START DATE / / COMPLETION DATE / / SEP 2 0 20[}0 B A K E R S F I E L D . CiTY MANAGER'S OF PUBLIC WORKS DEPARTMENT MEMORANDUM TO: ALAN TANDY, CITY MANAGER FROM: RAUL M. ROJAS, PUBLIC WORKS DIRECTOR DATE: SEPTEMBER 18, 2000 SUBJECT: COUNCIL REFERRAL WF0018615/001, WARD 4, TRAFFIC TURNS AND FUNDING STATUS. "COUCH REFERRED THE ISSUE OF A LEFT TURN ONTO 24TM STREET AND CHESTER AND RIGHT TURN ON MING AND FREEWAY 99 AND REQUESTED A FUNDING STATUS REPORT." 24m Street (State Route 178) at Chester Avenue: The Public Works Department has been working with Caltrans on a project to fix deficiencies on State Route 178 (23r~ and 24th Streets) in the downtown area. A City project to upgrade the Caltrans signals on SR178/24th Street at Chester Avenue and at F Street is nearing design completion and approval from Caltrans. The upgrade will add left turn indications to the traffic signal. This is part of an agreement with Caltrans where Caltrans made upgrades to the intersections of 23rd at F and Chester and the City will upgrade the signals on 24m at F and Chester. Upon approval from Caltrans, the project is expected to be advertised for bids in the next week to 10 days. Ming Avenue at State Route 99 On-ramp: The Traffic Engineer will schedule an investigation of the intersection of Ming and State Route 99 northbound ramps and analyze the level of service conditions. This will determine if a dedicated right turn lane for west to north right turns onto the SR99 northbound ramp can improve the intersection operation. If a right turn lane is to be constructed, an additional 12 feet of property, about 300 feet long, for street right of way will have to be purchased, the traffic signal rebuilt and the existing curb, gutter, sidewalk and drainage structures removed and re-constructed at the new location. No estimate of cost is available at this time. The project is not in the current Capital Improvement Program list and is not funded. Gas tax funds would be the normal funding source for such a road improvement project. cc: Traffic Engineering File slw: S:\WP\CC_REFS\WF0018615.24thChester. Ming99.ref. wpd Page I of I ~-~'~ - City of Bakersfield *REPRINT* WORK REQUEST PAGE 1 REQ/JOB: WF0018615 / 001 PROJECT: DATE PRINTED: 9~1~00 REQUEST DATE: 9/13/00 CREW: TIME PRINTED: 12:45:01 SCHEDULE DATES LOCATION: $'l'A~T: ~3~00 LOCATION ID: ZIP CODE: COMPLETION: 1/00 GEN. LOC: FACILITY NODES FROM: FACILITY'ID: TO: REF NBR: REQ DEPT: CITY COUNCIL REFERP~AL PRIORITY: HIGH REQUESTOR: COUCH ORIGIN: CITY COUNCIL REFERRAL USER ID: RBARNHAR WORK TYPE: REFERRAL DESCRIPTION: TRAFFIC TURNS AND FUNDING STATUS REQUEST COMMENTS ***REFERRAL TO PUBLIC WORKS*** COUCH REFERRED THE ISSUE OF A LEFT TURN ONTO 24TH ST & CHESTER AND RIGHT TURN ON MING AND FREEWAY 99 AND REQUESTED A FUNDING STATUS REPORT. Job Order Description: TRAFFIC TURNS AND FUNDING STATUS Category: PUBLIC WORKS Task: RESPONSE TO REFERRAL Assigned Department: PUBLIC WORKS START DATE __/__/__ COMPLETION DATE / September 7, 2000 David Couch 1501 Truxtun Ave Bakersfield, CA 93301 Dear David: I am sending you a letter from our insurance company regarding the situation on Shellabarger Rd. Hopefully, this will aid you in making a decision about the fence at the end of the road. IfI can be of any assistance, please give me a call. Sincerely, Rick Vamer Vice President Varner Brothers, Inc. Insuring tile Way August 30, 2000 Varner Bros Inc' ATTN: RICK VARNER P.O. Box 80427 Bakersfield, CA 93380 · RE: VEHICLE SAFETY Dear Rick: This' letter is in response to our periodic safety discussions with your personnel. It was brought to our attention that your routing supervisor has a concern for the safety of people and property at the intersection of Shellabarger Lane and Pepito Street. Shellabarger has been made to dead end at Pepito as a result of a fence barricade authorized by the City of Bakersfield. Varner Bros. must turn around at the barricade where previously there was a vacant lot in which to make a U-turn and exit east on Shellabarger. Since the barricade was installed your drivers have attempted to back down Shellabarger, approximately 75 yards, to a wide spot in the road where private fences are set back farther than code requires but the resident at that location has asked that you do not use his property to turn around. To reiterate an important statistic, approximately 21% of all waste truck major accidents Hilb, Rogal and Hamilton · result from backing. Even with cameras and back-up sensors, this statistic still holds true. Insurance Services A situation which requires extensive backing or U-turns that ingolve both backing and of Central California, Inc.turning in tight quarters, seriously increases your chance of a major accident. It was in just such a situation a few years ago that a local garbage truck moving in a culdesac was involved in the death of a child. 2105 24th Street, Suite A Bakersfield,CA 93301 This locatiOn is tighter than most culdesacs and on the day of our inspection there was a P.O. Box 1886 travel trailer parked at the south edge of the road end. There was no way out except for a long, (200 yard) backup to an area wide enough to turn around and, even with that, it Bakersfield, CA 93303-1886 would involve turning onto private property which could be subject to change. License #0B54210 Please make an appeal to the City Counsel or the Street Department to remove the barricade. This would perhaps involve changing some of your routes but it should Tel 661-328-1300 alleviate the bacMng and turning hazard. Fa:< 661-395-0423 ./ 800-688-0304 ' / WVVW. h r h. c o FD /Joe Hood HRH Insurance Services DKS/940380 COUNTY [~1 As' Requested /~or Information [~ For Comment [~ Please Phone Remarks~¥~'~4 ~ ~ BARBARA PATRICK SUPER'VISOR, THIRD DISTRICT August 31, 2000 KERN C O U N Y Dear Residents: · Because you have contacted my office on this issue, I want to update you on the status of our efforts to improve the traffic safety for the residents on Shellabarger Road. As you are aware, the separation of grade project on Calloway Drive has begun. The County has placed a flagman at Shellabarger in order to assure your safe passage onto Calloway Drive. One of the first projects to be completed will be the connecting road between Palm Avenue and Shellabarger Road. The new road, Slikker Street, will be your means of access to Calloway Drive in the near future. We have explored with the project contractor the cost of putting a temporary stoplight at Slikker Drive and Calloway Drive until the project is completed and the permanent stoplight would be operational. The cost estimate for that temporary stoplight was $150,000. In our opinion, this is not a cost-effective solution to your problems of accessing Callqway during peak traffic hours. We have temporarily placed a flagman at Shellabarger Road and Calloway Drive. When Slikker Street is completed, the flagman will be moved to Slikker Street and Calloway Drive. At that time, we will evaluate the need for a three-way stop sign at that location. The gate at the west end of Shellabarger Road, authorized by the City of Bakersfield, remains in place. There have been numerous discussions between City and County elected officials and staff about removing the gate at Pepita Way. On June 1, 2000, I sent a letter to the Bakersfield City Council's Urban Development Committee, urging that the gate be removed. I attached the letters of support from Sheriff Carl Sparks and from Fire Chiefs Dan Clark and Ron Fraze. The Urban Development Committee met on August 9 but Shellabarger Road was not on the agenda. It is my hope that it will be on the September agenda and that a solution to this vexing problem will be found. I will continue to work diligently on your behalf. Your safety is uppermost in my mind as we move toward the completion of the separation of grade project on Calloway Drive. Sincerely, Barbara Patrick 1115 Tr_uxtun Avenue. Suite 503 · Bakersfield CA 93301 · (661) 8~8-3670 · Fax (661) 868-3677 Field Office: 1348 Norris Road · Bakersfield, CA 93308 · (661) 391-7480 · Fax (661) 391-7488 Barl)a,a H Bates 2301 A St Bakersfield CA 93301-3521 '--" ' t --~"' .... Barbara H Bates 2301 A St Bakersfield CA 93301-3521 O0 SEP -G Pt4 2'. I '/ ,.BA~ERSFIEI.O CiTY CLER~ ~' Aug'-29~O0 04:04P F~uitvale ~Pro~erties, LLC 66! 588-0965 P-01 Riverl akes Ranch A ma~mr planned g~l! c~mmunily . TRANSMIT VIA FAX: 7 pgs to 327-94f7 August 29, 2000 Mr. David R.' Couch City Council Member (Ward 4) City of Bakersfield, City Council 1501 Truxtun Ave. Bakersfield CA 93301 Dear David: SUBJECT: Landscape Right-of-Ways Thank you for your time on the phone today.' Enclosed is the 8/25/00 letter and attachments that we sent to Mr. Don Anderson at the 'City. Mr. Anderson called today to follow up, and was most helpful. He said that he would call the County regarding the property tax matter discussed in the letter, and that he would try to find out why there isn't now an easement for the 'linear lane' landscaping and pathway on Coffee Road. He was also helpful in explaining that the City has been asked by other landowners about the ownership issue regarding landscape stdps (which1 by the way, the "linear lane" is technically just a very wide and long landscape strip - and it is included in the maintenance district). However, he saicl the City's position is that it doesn't make sense for the City to accept the liability of such stdps, so does not take ownership of them. Of course, that's precisely the problem that we and other land owners in town have: we are the title holders of land that we Can not use, that we do not control, and that must be open for any and all dghtful uses by the general public, and yet we are compelled to accept the underlying li&bility. At the very least, we think it is reasonable for the City to take an easement over the "linear lane" landscaping. We are also hopeful that the City can change its position regarding ownership of landscape strips in general, Citing the Hageman Road examples given in the enclosed letter, under the current policy Fruitvale Properties will be the owner of these two tiny strips of land 200 and more years from now. Just as Castle & Cooke will be in the southwest, and other developers in other parts of town. We'll all be long gone by then, but the City will still be in existence, wondering who are these Fruitvale and C&C guys who have title to all their landscape strips! Sincerely, Paul J. Kay, Planning & Development Director for Fruitvale Properties, LLC Enclosure DCouch_82gO0.doc 4560 Coffee Read #C * Bakersfield, CA 93308 * 861.588.0G01 o Fax 661.588.0965 Aug 29-~0 04:05P Fruitvale Prop'erties, LLC 661 588-0965 P.02 A master planned golf community August 25, 2000 Mr. Don AndersOn City Property Manager City of Bakersfield 1501 Truxtun Ave. Bakersfield CA 93301 Dear Don: SUBJECT: RiverLakes Ranch: Coffee Road "Linear Lane" Late last year we met dudng discussions for the purchase by the City of a water tank site in RiverLakes Ranch. At that time, we also discussed the 'linear lane' along Coffee Road. This is a park area that follows the tower lines on Coffee, and is dedicated to and maintained by the City, and is open to the public. I brought up the fact that we are still owner of land, and that it is our' fervent desire to NOT be for reasons of liability.. At tl~e time you said you'd look into it, but in the meantime and at the very least you'd see to it that the assessed value was zero for property tax purposes. I'm writing to let you know that we continue to pay taxes on the land (see enclosed bills and reference maps), and have been since 1996 when the first half-mile of the park was completed (Lot A of Ph. 1 Tract 5363, APN 494.040-16, 4.59 acres), in 1997, we completed another half mile of park south of Hageman (approximately 2.62 acres is APN 494-02-28 (see attached map and tax bill), and another approximately 2.2 acres being part of APN 451-010-01). This year the balance of the park, located north of Olive, will be completed. It's 3.12 a=es, divided as LotA of Tract 5920, approx. 1.3 acres, and the balance is approximately 1.82 acres being part of Parcel I of Parcel Map 10557, APN 494-350-0Z. Note that, according to our title company, them aFe no easements that cover these areas. We reiterate oUrplea to have the City take title to the land, and also have the property taxes removed. we would also ask that we be reimbursed for property taxes paid through 2000 on the portions of the park already completed. On a related matter, we are also the owners of record for two tiny stdps of land on Hageman Rd. that constitute landscape rights-of-way (see enclosed copy of Tract 5891). Unlike most other similar situations in the City, we own nothing adjacent to these strips. Although we don't think we gat a property tax bill for these strips, we think it makes no sense to own them. As with the linear lane park areas, we would very much like the City to take ownership. Thank you for helping us on this matter. Please.call me to discuss any questions or comments. I can be reached at 588-0301. ' Sincerely, Paul J. Kay, Planning & Development Director for Fruitvale Properties, LLC Enclosures COPY: B. Mc, Farland ROUTE'. B. Godfrey ~¢'~'~ COB_WaterTanks_ t 11699.~1o~ b 4560 Coftee Road #C · Bakersfield. CA 93308 · 661.588.0301 · Fax 661.588.0965 ' Aug-Z~-O0 04:05P. Fruitvale Properties, LLC 661 588-0965 P-03 ... ~,n ,~'-' ¢'2~,.~~ .. ¢~, ,,' ... \ -. ;. .... .~'-,, . ', ". \: .~,.~ .., . \ ; ¢ · . ,,-- o,,-~') ZONING MAP t07_.-20. ~Ug"29;,O0~-- 04:05P Fruitvale Prop'erties, LLC 661 588'0965 P.04 0.039232 22.5~ : O. 026a92 ~5,20 T 2 SS 57,382 ~ 0 0 0 ~ .............. 0 : 5~,382 YOLJIt CANCELLEL1 {.:1 II (;K ~; YO[J~t ~ECEIPT ~coRr~Ascr~ol ~ JANUAHY : N(JI~'I'IIWI~%'I'(iK()['I~ AUTOCR"C-~4 ~ 654 . 92 1930 22ND ST BAKERSFIELD CA cJ3301-3801 PROPERTY ~x ,, ,,,,. ,,.,, ~,~. u-~ :,:,u. 0 . O0 TAX x~ ~~ SECOND INSTAl [ MI N I 3 2 7 . ~ 6 ~~~ 10 IAL CURRENT 654.92 0 '"'"~; $ 7: '~' *; ':, SC~,.~ III I/lO DF Al IKCI¢~' 0 .:, '! -BOn_-:~45-7334 -- - ___..~ ,,,-02 I. 29 S. R. 27 E. s:,oc._ u.s'. /' 224 ..~4-02 0 1-22j; · , , i-369 · ~.,, ......:. ,., .: ...... -.... ill I ~' , -.: ,'~,... '"...,.... · ' - I _ . 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COUNTY OF KEi~N , ..................... : 0 Aug~Z'9-.~)O 0¢:06P Fruitvale Prop'ertie$, LLC 6'61 588-0965 P.06 L~Ot, if CO~Ol ~I)~TED l~X =ilAI rMCN I MAKE CFIECK~ PAYABLE TO: HOUR~ 0.013500 -.~4 ~ K~A ZN 19 DEBT 0.021582 8 70 / 17 FRUI~ 9~A ~B 0,032372 13.06I FRUI~E 94B ~B 0.04]~33 16.71 K[[s ~ING 96A 0. 026492 10. 68 i ~UI~L~ DBT EC 0. 118639 47,86 K~A ~ ~' D~BT- 0,008894 3.58 1 .293250 0.008894 260.89 ] .79 , 260.88 ~ ] .79 NEWPORT BEACH CA 92659-0530 PHOPER~ ,~ Ihh,,,h hlh,,hl,hh,lh,,, h h,,ll,lh,,Ih,,,Ih,,hhl ~'~'~ '~'"~.'~ "' ~'"~ ','~, ,~. 525.3b SALOMON SMITH BARNEY A member of cltlgroup~ ,-.". FOR 0004 (2/9 . "poOR. ORi~'iN'~TI~ TO: DAVID COUCH FAX# 327-9417 ~ FROM: CITY CLERK'S OFFICE ~, ,~- K. E, R. S _F [ F_., [, .D ~ Office-326-3767 Fax-661323-3780 ~PHONE:~cA~L! .~H O,\] ~__ [~] MOS,LE ~'D /¢ l YOUR CALL ', W~L~ CALL AGAIN CAME TO SEE Y~U WA,'qTS TO  , SEE YOU MEMORANDUM September 11, 2000 TO: Bart Thiltgen, City Attorney FROM: Ricky L. Peterson, S.E. PAC Member RE: The Bakersfield City Coucil, as the legislative body v~sted with the authority to hear all causes of action pursuant to H and S section' 33388 (A) and (B). Request is hereby made to direct that any decision to grant or deny the provisions as set forth in H&S Section 33388 (A) and (B) are vested to the City Council pursuant to California Redevelopment Law. In support of the relief sought H&S Section 33388 (A) and (B) are cited. (A) Upon the recommendation of the project area committee, funds as determined necessary by the leqislative body for the operation of the project area committee shall be allocated to the committee by the legislative body. This allocation shall include funds or equivalent resources for a committee office, equipment and supplies, leqal counsel, and adequate staff for the purposes set forth in Section 33386. (B) No funds allocated under this section shall be used for any litigation, other than litigation to enforce or defend the riqhts of the project area committee under this part. Emphasis added by PAC Member In further support of the relief sought the record is reflected. The Agency contends that the resources allocated to establish the project area and related expenses satisfies Section 33388 (A) and (B). A review of the statute clearly states that the funding criteria for this provision is distinctly separate. I~ appears the provisions distinction acts to protect the Project Area Committee with due process protection. The Agency states that one PAC member believes that the Agency or City is required to provide funding to the PAC for their requests. (See enclosed memorandum dated 9/6/q0). The record will reflect that the motion requested funding is directed to the Bakersfield City Council. The Agency was requested to prepare the documents, return the same to the PAC for review, and forward to the City Council. The Agency has cited no authority to fund under Section 33388 (A) and (B). The record will reflect that it was never stated that the Agency or City is~required to fund. Correctly stated: Funding is available only if determined necessary by the Council. Referring to the Memorandum page two, last sentence: The section does not state or infer that the authority granting the Bakersfield City Council the right to hear the request is dependent upon the Agency's recommendation. Any decision by the Agency at the scheduled September 14, 2000 meeting should only be viewed as their interpretation of the statute and confirmation of their position on the issue. The Bakersfield City Council is the hearing body for review and ruling on H & S Section 33388 (A) and (B). Res ectfully submitted, j~e~~L. ~eterson S.E. PA Member RLP/c cc: City Council B R Agency S.E. PAC BAKERSFIELD Economic and Community Development Department MEM. ORANDUM September 6, 2000 TO: Southeast Bakersfield Project Area committee FROM: Charles Webb, Economic Development Associate ~ SUBJECT: REQUEST BY SE PAC FOR PRIVATE ATTORNEY/CONSULTANT Bakersfield Redevelopment Agency Meeting Thursday, September 14TM (4:00PM) . . At the July 20"~ and August 17th SE PAC meetings, motions were made and approved by the SE PAC requesting staff to make a request to the Agency and Council for funds to hire a private attorney/consultant to provide legal counsel to the SE PAC regarding the proposed amendment to the SE Redevelopment Plan. Attached is the staff's adminiStrative report going before the Redevelopment Agency regarding your request. Please note, staff is recommending a denial of the request and the reasons are outlined in the administrative report. The Redevelopment Agency will hold their monthly meeting on Thursday, September 14th at 4:00 pm in the City Council Chambers, located at 1501 Truxtun Avenue. The meeting is open to the public, you are welcome to attend. If you wish to speak to the subject, please be aware you need to fill out a speaker's request card and submit it to the City Clerk prior to the start of the meeting. cc: Alan Tandy, City Manager Cw:\S:\REDVAREA~nerno to SE PAC - request for attorney RDA mtg.wpd I MEETING DATE: SePtember 14, 2000 AGENDA SECTION: New Business ITEM: I TO: Bakersfield Redevelopment Agency APPROVED FROM: Alan Christensen, Assistant City Manager DEPARTMENT HEAD DATE: August 23, 2000 CITY ATTORNEY CITY MANAGER SUBJECT: Southeast PAC request to hire pdvate attorney/consultant RECOMMENDATION: Staff recommends denial of request to hire a private attorney/consultant. BACKGROUND: At its JUly 20~h meeting the Southeast Project Area Committee (SE PAC) made a motion to request staff to hire an outside independent attorney/consultant to inform and advise the SE PAC on their rights under redevelopment law regarding the proposed amendment to the Southeast Redevelopment Plan. They requested that the independent attorney/consultant be funded through Southeast Project Area tax increment monies or any other financial resource available to the Agency or City. Staff, including the appointed Deputy City Attorney assigned to the PAC, has indicated that the role and responsibility of the SE PAC is advisory in nature, and actually limited to consultation regarding policy matters which deal with the planning and provision of residential facilities or replacement housing for those to be displaced by a project and other issues affecting residents. At their August 17th meeting, the SE PAC made a motion requesting staff to contact the California Redevelopment Association '(CRA) to provide a consultant to discuss the "rights" of a Project Area Committee. The motion was withdrawn when other PAC members insisted on having their own private attorney/consultant to give them legal advice on their "rights". Staff pointed out that an entire day long workshop at the ConventiOn Center was put on less than a year ago by the CRA. The workshop was designed specifically by the CRA for Bakersfield and paid for by the Agency. It was attended by members of both the SE PAC and Old Town Kern - Pioneer PAC, the Agency, city staff and the general public. One of the topics covered was the role and responsibilities of both Agency members and Project Area Committee members. One PAC member continues to refer to Section 33388 of the California Health and Safety Code in his belief that the Agency or City is required to provide funds to the PAC for their requests. DIk:S:~dmins\SE PAC'request for attorney fda vs2.wpd August 30, 2000, 1:41PM ADMINISTRATIVE REPORT Page 2 Section 33388 states: (a) Upon the recommendation of the project area committee, funds as determined necessary by the legislative body for the operation of the project area committee shall be allocated to the committee by the legislatiVe body. This allocation shall include funds or equivalent resources for a committee office, equipment and supplies, legal counsel, and adequate staff for the purposes set forth in Section 33386. (Emphasis added by staff) The issueof requesting funds for a private attorney or their own office and budget has been brought up by the SE PAC on a number of occasions since early in the project area formation. In previous requests, after reviewing the above section and resources that have been made available to the PAC, the City Attorney's Office and Special Counsel 'are of the opinion that equivalent resources have been provided as outlined in Section 33388. On a previous occasion this issue went to the City's Budget and Finance Committee which concurred with the above opinior~. Dependent upon the Agency's recommendation on this request, it will be forwarded to the City Council, since Section 33388 requires the Council (as the legislative body) to determine the necessity of any assistance. Olk: August 31, 2000, 10:43AM B A K E R S F I E L D .~.!~~p-: Economic and Community Development Department MEMORANDUM September 21, 2000 TO: Alan Christensen, Assistant City Manager FROM: Charles Webb, Economic Development Associate ~ SUBJECT: Council Referral #WF0018605 - INCENTIVES FOR BUSINESS At the September 13th Council meeting a referral by Councilmember Green requested staff to provide information on factors the City considers in granting incentives to existing and new businesses. When a business requests financial assistance, it has been the Council's past practice to limit the funding source to Community Development Block Grant (CDBG) funds. As such in using CDBG funds, Federal guidelines require the funds must be shown to benefit Iow and moderate income individuals. This is accomplished by requiring in any loan or grant agreement with the company, that at least 51% of the jobs negotiated to be created during the term of the grant or loan must be available to Iow- to moderate income individuals. It has been the Council's past practice to provide a "forgiveable loan" or grant to a new company that requests assistance, if the company relocates to the City and creates new jobs. The agreement is structured so that each year the company attains its required job creation numbers, 20% of the "loan" is forgiven. If the company does not attain the job creation numbers in any year of the agreement, that particular year's 20% of the "loan" - amount is due and payable to the City. The Council has made it a practice with existing local companies, which request financial assistance when relocating to expand and create additional jobs, a non-forgivable loan can be offered. Typically, the loan has a very Iow or zero interest rate with the entire amount due and payable at the end of five years. The loan is again tied to the creation of jobs, in that if the agreed upon job creation numbers are not met the City can call the entire or a portion of the loan amount due and payable. The loan amounts are usually based on the number of jobs to be created. Over the past years, the amount of assistance has usually been kept in the $2,000 to $4,000 per job created. Alan Christensen September 21, 2000 Page 2 Attached is the Business Assistance Application and Project Evaluation form that a company must complete to be evaluated by staff. The Project Evaluation form was requested to be developed by the Council's Budget and Finance Committee a number of years ago in order to consistently evaluate funding requests. The form provides the overall basic information on the project, the company, and jobs to be created. The Business Assistance Application requires the company to provide the financial history of the company in order for staff to determine the financial viability of the business. Also attached is a list of companies that have been provided financial assistance using CDBG funds. Please note, some companies on the list were provided other forms of assistance, not using City funds. If further information is required, staff would be available to discuss in more detail this financial incentive. Cw:\C:\WlNDOWS\TEMP~AC memo - Green referral - CDBG assistance to comPanies.wpd Page Fof4 I Companies Assisted by the City of Bakersfield Economic & Community Development Department Company Location of Type of work Owner/CEO/ Total $ of agreement # jobs # of current Source of Use of funds Date Assisted affected project performed by Developer supposed to jobs funds company be created Victory Circle 700 S. Mount Race car chassis Les DenHerder $50,000 21 N/A CDBG permit fees and equip- 8/16/00® Vernon Avenue mfg 5 year loan at 0% Tax ment $20,000 Increment tax increment Bks Civic Light 1931 Chester Theater Bks Civic Light $75,000 3 new N/A CDBG lease reduction 6/8/00:~ Opera Opera 5 year forgivable loan 6 retained 6 retained Allen Group 2000 K Street Office Bldg/ Harvey May $975,000 N/A N/A Tax permit fees and off [] University tax increment Increment site improvements Sangera Auto Auto Mall Auto Sales Mehnga Sanghera $60,000 10 N/A CDBG equipment 1/26/00® 5 year loan at 0% Stiers RV Sales Auto Mall RV Sales Mike Stier $60,000 10 N/A CDBG equipment 10/21/99~ 5 year loan at 0% Ennis Paint 201 Union Ave Paint Mfg John Anderson Expansion of 20 10 N/A N/A [] Enterprise Zone Pleasant 7500 District Call Center/ Ed Hogan $250,000 300 150 CDBG equipment purchase 7/21/99® Travel Service Blvd. Travel Agency 5 year forgivable loan Rite Aid 1701 23rd Street Drug Store Kevin Tweed $13,000 N/A N/A Tax offsite [] tax increment Increment improvements eNo funds were "actually distributed to the listed company," since payments were provided directly to a vendor. Therefore, the date listed is the date the agreement was approved by the Bakersfield City Council. : :~Date that funds were "actually distributed to the listed company." rnAssistance provided this company did not involve the "use of the Community Development Block Grant (CDBG) and other funds that primarily benefit low to moderate income persons." S:\GBLA requestLResponse to Question 5.wpd Companies Assisted by the City of Bakersfield Economic & Community Development Department Page 2, of 4 September 2000 Company Location of Type of work Owner/CEO/ Total $ of agreement # jobs # of current Source of Use of funds Date Assisted affected project performed by Developer supposed to jobs funds company be created Sonic Burger 1401 23~ Street Fast Food Scott Mc Millan $22,500 N/A N/A Tax offsite [] tax increment Increment improvements AFSA, Inc. 401 34th Street Call Center/ Douglas Expanded 400 450 N/A N/A [] Loans Leafsteadt Enterprise Zone DOPACO, Inc. 5801 District Cardboard Edward Fitts $200,000 75 215 CDBG equipment purchase 1/14/995 Blvd. Packaging & 5 year forgivable loan 4/9/985 Printing Step2 7021 Schirra Plastic Products Tom Murdough $137,200 180 115 CDBG equipment purchase 8/12/98e Company Court 5 year forgivable loan Harvel Plastics 7001 Schirra Plastic Pipe Earl Wismer $125,000 40 30 CDBG fees and 3/11/98e Court 5 year forgivable loan equipment Kem-Tech, Inc. 405 East 19th Tooling Mike Miller $170,246 18 new 8 new CDBG equipment purchase 3/26/97** Street equipment Cliff David 5 year loan at 0% 10 retained 10 retained 3/27/995 Galey's Marine Auto Mall Drive Boat sales and Don Galey $60,000 6 new N/A CDBG fees and equipment 7/23/985 Supply service 5 year loan at 0% 14 retained 8/20/985 L&A Oak 2401 East Furniture mfg Leslie Mu~oz & $30,000 61 retained 61 retained CDBG equipment purchase 3/28/96e Designs, Inc. Bmndage Lane Armando Nava 2 year loan at 8% Guy Chaddock & 2201 East Fumiture mfg Guy Chaddock $200,000 130 new and 285 CDBG buy down lease rate 6/26/96e Co. Bmndage Lane 5 year forgivable loan transfers Southwest 1500 South Pipeline Floyd E. $150,000 16 retained 16 retained CDBG purchase of property 4/3/975 Contractors, Inc. Union Avenue operations mfg Bowman, Jr. 5 year 9 new 2 new forgivable loan eNo funds were "actually distributed to the listed company," since payments were provided directly to a vendor. Therefore, the date listed is the date the agreement was approved by the Bakersfield City Council. 5Date that funds were "actually distributed to the listed company." rnAssistance provided this company did not involve the "use of the Community Development Block Grant (CDBG) and other funds that primarily benefit low to moderate income persons." S:\GBLA requesthXesponse to Question 5.wpd Companies Assisted by the City of Bakersfield Economic & Community Development Department Page 3, of 4 September 2000 Company Location of Type of work Owner/CEO/ Total $ of agreement # jobs # of current Source of Use of funds Date Assisted affected project performed by Developer supposed to jobs funds company be created Hammons Meats, 1700 South Wholesale meat Craig Hammons & $35,000 23 retained 23 retained CDBG equipment purchase 12/4/96® Inc. Union Avenue distributor Donald Hammons 5 year 6 new 6 new forgivable loan John Q. Hammons 801 Truxtun Hotel John Q. Hammons .land & 51% of 100 jobs .Transient 6/29/95:~ Hotels Avenue improvements: $4.5 M workforcc Workforce Tax -offsetting operational 8/31/95~: · CDBG: $2.5M must be low- is +90% .Tax costs 9/21/955 and moderate- low- and Increment -furniture, fixtures, 10/19/955 income, moderate- .CDBG and 11/14/955 income equipment Holiday RV 2710 Auto Mall RV sales and set- Newton Kindlund $65,000 23 retained 23 retained CDBG permit fees and 9/14/955 Drive vice forgivable loan 15 new 5 new equipment 1/18/965[: 5/16/96~ KGET 2120 L Street TV station KGET, Ackerly $175,000 N/A 65 retained Tax rehabilitate building [] Communication tax increment Increment Group Porter 1200 21 st Street Engineering & Fred Porter & $21,834 N/A 15 retained Tax off-site [] Robertson surveying Harold tax increment Increment improvements Engineering Robertson Carlson 1120 21st Street Educating & Gayle Carlson $12,000 N/A 25 retained Tax installation of street [] Development training redevelopment Increment trees people with dis- assistance abilities U.S. Cold 6501 District Cold storage N/A Team 60 [] Storage Blvd. Bakersfield South Kem 520 South Mt. Farm equipment Don Camp Team 10 new [] Machinery Vernon Ave. Bakersfield 42 retained eno funds were "actually distributed to the listed company," since payments were provided directly to a vendor. Therefore, the date listed is the date the agreement was approved by the Bakersfield City Council. :~Date that funds were "actually distributed to the listed company." []Assistance provided this company did not involve the "use of the Community Development Block Grant (CDBG) and other funds that primarily benefit low to moderate income persons." S:\GBLA request\Response to Question 5.wpd Companies Assisted by the City of Bakersfield Economic & Community Development Department Page 4 of 4 September 2000 Company Location of Type of work Owner/CEO/ Total $ of agreement tt jobs ti of current Source of Use of funds Date Assisted affected project performed by Developer supposed to jobs funds company be created Independent Di- 6881 District Magazine distri- N/A Team 10 [] rect Distr. Blvd. bution Bakersfield ICO, Inc. 4621 Burr Oilfield N/A Team 60 [] Street service Bakersfield MDS 5121 Stockdale Telemarket Jay Mount Team 200 [] Hwy. fundraising Bakersfield TOTAL New Jobs Created 1,656 TOTAL Retained Jobs 286 TOTAL JOBS 1,942 Total Community Development Funds Committed $4,167,446 Jobs to be created/retained by Companies using the funds 1,076 Cost Per Job Created by CDBG funds $3,873 S:\GBLA request~Response to Question 5.wpd eNo funds were "actually distributed to the listed company," since payments were provided directly to a vendor. Therefore, the date listed is the date the agreement was approved by the Bakersfield City Council. ~:Date that funds were "actually distributed to the listed company." rnAssistanCe provided this company did not involve the "use of the Community Development Block Grant (CDBG) and other funds that primarily benefit low to moderate income persons." S:\GBLA requestXResponse to Question 5.wpd CITY OF BAKERSFIELD BUSINESS ASSISTANCE PROGRAM' FACT SHEET PROGRAM DESCRIPTION: The Business Assistance Program is designed to enhance economic activity, encourage the growth of small businesses and promote commercial revitalization in targeted areas of the City. The major goal of this program is to retain and/or create the availability of jobs for Iow income (LI) persons; and/or predominantly target a firm's goods and services to LI residents of the City of Bakersfield. USE OF FUNDS: Loan funds can typically' be used for property rehabilitation (including leasehold improvements), procurement of machinery/equipment, and acquisition of real property (in conjunction with business expansion activities). ELIGIBILITY CRITERIA: The business must be an established (ongoing) concern, looking to expand or relocate where 51% of the new jobs created will be to LI persons. The business must have a good credit history and show evidence of sufficient income to repay the loan. An annual employment report is required to document the number of jobs created and that 51% of the jobs will be filled by LI persons. MAXIMUM LOAN AMOUNT: The maximum amount forfinancial assistance mayvary from year to year. Typically, loan assistance does not exceed $100,000. INTEREST RATE: Negotiated. TERM: The term of the loan shall be determined on a case by case basis; however, the maximum term shall not exceed the economic life of the assets, normally up to 15 years. COLLATERAL: The Business Assistance Program must be secured by real property, equipment and/or other personal/business assets. The City may subordinate to a private lender. HOW TO APPLY: For further information contact: City of Bakersfield Economic and Community Development Department 515 Truxtun Avenue Bakersfield, CA 93301 (661) 326-3765 (661) 328-1548 FAX (661) 324-3631 TDD S:\CDFORMS\NCD 003 rev 9-99.wpd TO: Business Assistance Program Applicants SUBJECT: City of Bakersfield Program Requirements BACKGROUND .The Program has been established to enhance economic activity, encourage the growth of small business, and to promote physical revitalization of targeted areas in the City of Bakersfield. This is accomplished through funds which are provided through the City's federally funded Community Development Block Grant (CDBG) Program. The major goal of the Program is to retain and/or create the availability of jobs for Iow income (LI) persons; or predominantly target a firm's goods and services to LI residents of the City of Bakersfield. All applicants must complete an application package and submit it to the Economic and Community Development Department, c/o John F. Wager, Jr., Economic Development Director, at 515 Truxtun Avenue, Bakersfield, CA 93301. The following is an example of the format and contents for a completed application package. 1. A completed application including any pertinent attachments (see attached application). 2. Financial Statements - prior three (3) years and current within ninety (90) days. a. - Balance sheets. b. Income statements (profit/loss); or cash flow/operating statement (for real estate projects). 3. Pro Forma Financial Statements a. One (1) year income/cash flow statement (monthly). b. Additional four (4) years income statements (annual). c. Narrative, supported by the pro forma of how the Business Assistance Program funds will help the business with its shortfall. 4. Individual Federal income tax returns for the last three (3) years (all owners, partners or corporate officers). OR 5. Federal income tax returns for your business for the last three (3) years (sole proprietorship, partnership or corporation). 6. Personal financial statements - current as of date of application and signed (all owners, partners or corporate officers). 7. Source(s) of other project funds, including terms and conditions. S:\CDFORMS\NCD 003 rev 9-99.wpd 2 8. Copy of current or proposed lease/purchase agreement (if applicable). 9. Articles of incorporation or partnership agreement (if applicable). 10. Copy of City business license. 11. Resume of principals involved with the project. 12. Plot plan for the project site. 13. Relevant market and feasibility studies (if available). Information on the Business Assistance Program can be obtained by contacting the Economic and Community Development Department at (661) 326-3765. Thank you for your interest in the City's Business Assistance Program. Sincerely, George Gonzales Community Development Coordinator S:\CDFORMS~NCD 003 rev 9-99.wpd 3 APPLICATION FOR CITY OF BAKERSFIELD BUSINESS ASSISTANCE PROGRAM Applicant's History Name of Applicant (Contact Person): Applicant's (Personal) Address: City/State/Zip Code: Telephone Number: Applicant's Social Security Number: Business Name: Business Address: City/State/Zip Code: Telephone Number: Business Taxpayer ID Number: Date Business Established: Sole Proprietorship Partnership Corporation Type of Business (i.e., products/services): Firm's Management List of management personnel (Proprietor, Partners, Officers, Directors and Stockholders owning 20% or more of stock) Name Address Title/Relationship/Percent Owned If one of the Principals proposes to 'act as owner/builder, please provide the following information: Name of principal, contractor's license number(s), building trade specialty, current construction-bonding limits, S:\CDFORMS\NCD 003 rev 9-99.wpd 4 Social Security number, and two business references. Project Information Describe the total project and the purpose of the assistance request (i.e., what component(s) of the project will it be used for?) Address/location of project: Total estimated cost of project: $ Amount of assistance requested: $ Private Financing: $ Owner's equity: $. Proposed terms of assistance: Name of financial institution providing private financing: Contact person and telephone number: Note: Federal regulations require that applicants make a good faith effort to maximize private sources of project funding. Both private debt and equity must be verified. This includes ascertaining that funding sources are committed, terms and conditions of the committed funds are known; and funding sources have the capacity to deliver. Lack of maximized non-CDBG debt financing must be documented (i.e., rejection letters from private financial institutions). S:\CDFORMS\NCD 003 rev 9-99.wpd 5 If project site has been determined, please identify the current zoning and whether a zone change or conditional use permit will be required. If a project site has been selected, identify the type and number of structures (i.e., commercial, residential) that are currently on site (if any) and whether they are presently occupied. If so, provide the number of tenants to be displaced (if any). For a construction project, please indicate if plans and specifications are complete and whether they have been submitted to the City Development Services Department for site plan review. If plan check is complete, please indicate if you have made application to the City for a building permit and if so, the status of your application. Please indicate if you have title of the project property or control of the site (if your answer is yes please provide documentation). If the answer is no, please explain (i.e., who currently owns the site, is the seller willing to take an option, etc.). ~ S:\CDFORMS\NCD 003 rev 9-99.wpd 6 Use of Proceeds (Enter Gross Dollar Amounts): Assistance Use of Private Use of Owner's Requested Funds Equity Land Acquisition New Plant or Building] Const. Building Expansion or Rehab Acquisition and/or Repair of Machinery and Equipment Inventory Purchase Workin~l Capital Interior Remodeling Developer's Soft Costs (i.e., design, permit fees, relocation expensesI Site Preparation Off-Site Improvements Other TOTAL: Summary of Collateral: Present Market Depreciation Present Mortgage Equity Value Balance Land * Buildin~l Machinery & Equipment Furniture & Fixtures Net Accounts Receivable Inventory ** Other TOTAL COLLATERAL · Please provide any support in land value documentation. · *Please indicate method of valuation. Identify the number of job to be created or retained by your project and indicate what percentage of these jobs will be filled or made available to LI persons. S:\CDFORMS\NCD 003 rev 9-99.wpd 7 Business History Briefly state a history of your company. Include such items as dates of pertinent changes in management, or goods/services and an overview of the growth of the company in recent years. Also discuss why the Business Assistance Program is important to your project and company goals (i.e., how will the assistance affect your production or what do you expect for the company as a result of getting this assistance) and what consequence would occur if assistance was unavailable. Have you or your business ever filed for bankruptcy? Yes__ Nora If yes, please attach explanation on separate sheet. I affirm under penalty of perjury that this application and attachments are to the best of my knowledge true and accurate and that I have the authority to submit this application for consideration for funding under the City of Bakersfield Program. Furthermore, I understand that the City may NOT approve this application. However, if approved, I reserve the right to accept the assistance according to the terms and conditions thereto, or I may withdraw my application. If funded, I understand and agree that in order to determine that the job employment goals are met, a Semiannual Employment Report shall be filed with the City. I understand that failure to meet the objectives set forth in the Employment Plan or failure to comply with the requirements of filing the Semiannual Employment Report may result in the entire outstanding balance of the loan plus interest, being due upon written demand by the City. Signature of Applicant Title Date S:\CDFORMS~NCD 003 rev 9-99.wpd CITY OF BAKERSFIELD FOR INTERNAL USE BUSINESS ASSISTANCE PROGRAM DOCUMENT CHECKLIST DATE: PLANNER: PROJECT: THIS PACKAGE INCLUDES THE FOLLOWING DOCUMENTATION AS INDICATED BY "X": 1. Application 2. Signed Financial Statements - Prior Three (3) Years and Current within Ninety (90) Days a. Balance Sheets b. Income Statements (Profit/Loss) 3. Pro Forma Financial Statements - Including all Notes and Schedules a. One (1) Year Income/Cash Flow Statement (Monthly) b. Additional Two (2) Years Income Statement (Annual) c. Three (3) Years Repayment Analysis (Annual) 4. Aging of Accounts Receivable within Ninety (90) Days 5. Aging of Accounts Payable within Ninety (90) Days w 6. Federal Income Tax Returns - Individual (PriorThree (3) Years) Including All Related Schedules Si.qned a. Sole Proprietorship b. Partnership c. Corporate Officers 7. Federal Income Tax Returns - Business (Prior Three (3) Years) Including All Related Schedules a. Sole Proprietorship b. Partnership (Form 1065) c. Corporation Officers 8. Personal Financial Statements - Current to Date of Application and Siqned a. Owner(s) b. Partners c. Corporate Officers 9. Source(s) of Matching Funds, Including Terms and Conditions 10. Source(s) of Collateral, Including Copies of Grant Deeds, Notes and Trust Deeds 11. Cost Estimates a. Contractor Estimates for Construction, Materials and Labor (including Davis-Bacon) b. Equipment and Supply Purchases 12. Copy of FTC Disclosure Statement, if Applicable. 13. Copy of Current or Proposed Lease Agreement. 14. Articles of Incorporation or Partnership Agreement, if applicable. 15. Copy of City Business License 16. Resume of Principals Involved with the Project. 17. Plot Plan for the Project Site. 18. Relevant market and feasibility studies. 19. Appendix Approval: Yes ~No Signature: George Gonzales, Community Development Coordinator Comments: S:\CDFORMS\NCD 003 rev 9-99,wpd 9 ~. Project Evaluation Name of Company page 1 Project description 1. Does the business currently operate within the city limits? [] Yes []No 2. Where is the project being proposed? []Downtown r-]NE [] NW []SE EnSW 3. Is the project within the Enterprise Zone? [] Yes []No 4. Is Team Bakersfield assistance being requested? [] Yes []No 5. Assistance requested includes (check all that apply)... []Cash assistance []Loan []Equipment purchase []Off-site improvements []Deferred payment schedule mOther 6. Size of project (square footage, acreage) 7. Does the business already occupy the project site? [] Yes []No 8. Will the business rnlease or [] purchase the site? 9. Anticipated decision date: 10. Anticipated / desired commencement of operations: Yr 1 Yr 2 Yr 3 Yr 4 Yr 5 11. Full time jobs to be retained in ................. 12. Full time equivalent jobs to be retained in .......... 13. Full time jobs to be created in .................. 14. Full time equivalent jobs to be created in .......... 15. Full time jobs to be transferred in ............... 16. Full time equivalent jobs to be transferred in ........ 17. Total jobs ............................... 18. Will jobs be targeted to certain groups defined by income, residency, or some other criteria? [] Yes []No If yes, by what criteria? 19. Would the business use a first-source hire arrangement? [] Yes []No 20. What % of jobs being created will provide benefits? % 21. What % of jobs being retained will provide benefits? % 22. What % of jobs being transferred in will provide benefits? % 23. What is the pay range of jobs being created? $ to $ Average: $ 24. What is pay range of jobs being retained? $ to $ Average: $ 25. What is the pay range of jobs being transferred in? $ to $ Average: $ 26. Proposed assistance will directly impact our area's existing businesses (choose one) []negatively []positively 27. Dbes the buSiffess have cOmpetitors-in~ the-local-economy? ............ [] Yes []No Effects on the community 28. Will the business add diversity to our community's economic base? [] Yes []No 29. Will the business play a pivotal role in strengthening existing clusters or forming a new cluster in our area? [] Yes []No 30. Will the business produce a product for export outside our area? [] Yes [3No (continued) _ Project Evaluation Name of Company page 2 Return on the community's investment 3 ]. Annual revenue from property tax generated, if an), $ 32. Annual revenue from sales tax generated, if any $ 33. Annual revenue from business license generated, if any $ 54. What are the performance measures for the company to achieve? 35. Source(s) of proposed assistance requested: CDBG $ General Fund Redevelopment tax increment Other: Other: Total assistance proposed: $ Total private financing: Total project valuation: $ 36. Is assistance proposed to be provided (check one) mat one-time / lump sum? mover multiple years? (# of years ) 37. Is the proposed assistance an investment in our community's future (examples: customized job training, infrastructure, etc.)that provides community-wide benefits even if the company moves or shuts down? [] Yes []No Protecting the community's investment 38. Which of the following will be used to protect the city's investment should the business not meet the performance measures listed above? (check all that apply) rnCollateral (deed of trust, UCC filing) []Recision (cancellation of the agreement) []Clawback (recovery of all or part of the subsidy costs) []Penalty (fines or charges for non-performance or relocation) []Recalibration (adjustments to subsidy to reflect changing business conditions) []Other []Other Other considerations 39. Does the business receive any other type of government assistance? [] Yes [2No If yes, indicate source and amount 40. How important is this incentive in the business' decision to locate in Bakersfield? dl\ October 16, 1996 BAKERSFIELD PUBLIC WORKS DEPARTMENT MEMORANDUM TO: ALAN TANDY, CITY MANAGER FROM: RAUL M. ROJAS, PUBLIC WORKS DIRECTOR DATE: SEPTEMBER 15, 2000 SUBJECT: COUNCIL REFERRAL WF00186011001, WARD 7, INSTALLATION OF TRAFFIC SIGNAL ON WEST SIDE OF 99 AND TAFT HIGHWAY. "SAL VAGGIO REQUESTED STAFF PROVIDE A BRIEF MEMO ON THE TIME LINE FOR INSTALLATION OF A TRAFFIC SIGNAL DUE TO TRAFFIC CONGESTION ON THE WEST SIDE OF HIGHWAY 99 AND TAFT HIGHWAY." The Traffic Engineer contacted Caltrans and Kern County for information on the intersection. A traffic signal was required by Caltrans with the recent commercial development in the County at the intersection of Taft Highway State Route 119 and the off ramp from southbound State Route 99. Per Caltrans engineers in Fresno, the signal is under design by the developer's engineer and is expected to be built in the spring of 2001. The new signal will be operated by Caltrans. As an interim solution until the traffic signal is operational, Caltrans will install a 4-way stop. Caltrans engineers estimate the installation will occur on Tuesday, September 19th. cc: Traffic Engineering File slw: S:\WP\CC_REFS\WF0018601 .signalSR119@99.ref. wpd SEP 2 I 2000 Page I of I CITY MANAGER'S ~ City of Bakersfield *REPRINT* WORK REQUEST PAGE 1 REQ/JOB: WF0018601 / 001 PROJECT: DATE PRINTED: 9J15J00 REQUEST DATE: 9/11/00 CREW: TIME PRINTED: 10:56:04 SCHEDULE DATES LOCAT I ON: ~'l'/~JiT: ~/]~-/-0~O~ LOCATION ID: ZIP CODE: COMPLETION: g/2'l-/-O~ GEN. LOC: FACILITY NODES FROM: FACILITY ID: TO: REF NBR: REQ DEPT: CITY COUNCIL REFERRAL PRIORITY: HIGH REQUESTOR: SALVAGGIO ORIGIN: CITY COUNCIL REFERRAL USER ID: RBARNHAR WORK TYPE: REFERRAL DESCRIPTION: INSTALLATION OF TRAFFIC SIG. W/SIDE 99 & TAFT HWY. REQUEST COMMENTS **REFERRAL TO PUBLIC WORKS*** SALVAGGIO REQUESTED STAFF PROVIDE A BRIEF MEMO Q~_THE_TIME-LINE FOR INSTALLATION OF A£TP2KFF~C~-~ ~I~NAL-DU.E3TO TRAFFIC CONGESTION ON THE-WEST~ SIDE OF HIGHWAY 99 & TAFT HIGHWAY. Job Order Description: INSTALLATION OF TRAFFIC SIG. W/SIDE 99 & TAFT HWY. Category: PUBLIC WORKS Task: RESPONSE TO REFERRAL Assigned Department: PUBLIC WORKS START DATE / / COMPLETION DATE / /