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Home My WebLink About1995CITY MANAGER'S OFFICE (805)326-3751 1501 TRUXTUN AVENUE SUITE 201 BAKERSFIELD CA 93301 DATE: November 17, 1995 TO: PAT DeMOND FROM: DOLORES TEUBNER MESSAGE: Pat, as you requested, please find attached the "draft" of the Budget and Finance Committee agenda summary report for your approval. Please let me know if there are changes. Thanks.~ iolores The third item addressed structural repairs to certain floor and wall areas. The cost is unknown at this time, but Honeywell estimated that such repairs could reach $1 million. Additional study and testing is needed, including core sampling, in that it was felt the reinforcing steel may have deteriorated from chemical erosion. It was further indicated that the HVAC retrofit could be completed without the structural repairs being incorporated at this time by utilizing some reinforcement work under the floor in question, but that the issue would need to be addressed at some time in the future. Staff indicated funds are available in the Building Replacement Reserve. Chairman DeMond requested staff provide an estimate of the cost of the repairs if done now, or later, taking into consideration that the applicable HVAC equipment would need to be removed and reinstalled should the work be completed later. Staff asked that the Committee recommend approval of the scope of work outlined, including the two additional items and study of the structural damage. The Committee voted to recommend this to the City Council. Councilmember McDermott directed staff to develop an estimate of what it would cost the City to build a new convention center facility, or replace the back half of the current center. AGENDA SUMMARY REPORT BUDGET AND FINANCE COMMITTEE Monday, November 13, 1995 Page -2- report on the Convention Center HVAC retrofit project. The technical proposal outlined the scope of work for the project including the cost of $2,489,000. Honeywell indicated that there were three additional work items that needed to be addressed, which had not been included in the original cost estimate. The first was $85,000 for additional core related structural work and the second was $80,000 for additional asbestos work. The thir .~d~e~_was major structural repairs to certain floor and wall area, the cost is unk-'newp~at.this time. Honeywell indicated that the repairs could cost as much as..~t~llio_n, but additional study and testing of the problem was needed (photos'~.~e problem areas are attached to these minutes). They ~her indicated that~e repairs are not necessary for Hone~he HVAC retrofit"but..that they would have to be addressed at some time in the future. Staff"as~d that the Committee recommend approval of the scope of work includi'ng.~he two additional work items and st~ajor structural damage.'"-Tb.~ Committee voted t~~~o direbte.d., staff to devel~s the City to bu'dd~a...~ew convention center facility. .-~ 6. NEW BUSINESS The Committee, for the public's convenience, voted to take New Business issues in the following order: C., A., D., and B. A, SIDEWALK PUSHCART VENDORS The City Attorney presented an amendment to Chapter 5.45 of the Municipal Code which provided for other merchandise to be sold through sidewalk vendors. Currently only food and drink is allowed to be sold through sidewalk pushcart vendors. A member of the public spoke in favor of the amendment, indicated that sales of all merchandise by sidewalk vendors should be allowed as long as the City regulates it. The Committee cited concerns from business owners over the unfair competition from sidewalk vendors. The Committee voted to make no change to the current ordinance and continue to allow only food and drinks to be sold. AGENDA SUMMARY REPORT BUDGET AND FINANCE COMMITTEE Monday, November 13, 1995 Page -3- B. FALSE ALARMS A representative of the Police Department presented a request from the local school districts in Bakersfield to get a waiver or reduction of the City's charges for false alarms. Staff indicated that the false alarms are quite costly to the Police Department because they require 3 to 4 patrol units to respond. It was further stated that without a penalty for frequent false alarms, the school district's would have less incentive to fix malfunctions in the alarm systems. The Committee indicated that the school districts are not charged for the first four false alarms at each site, per year. The Committee voted to deny the request for a waiver or reduction in charges for school districts. C. THE BAKERSFIELD SIGN Staff presented the Committee with the current options for addressing the Bakersfield Sign issue. Based on recent discussions with Frank Collins of Mesa Marin Raceway, it was determined that if Mesa Marin took the structure that they would remove the sign portion of the bridge and replace it with advertising. The Save Our Sign Committee indicated that this was not acceptable. The other alternative was to move ahead with a Caltrans study of the structure to determine what improvements would be required to refurbish the sign. The City Manager indicated that the Private Committee should provide the $5,000 match to the $5,000 in Caltrans funds for the study. He stated that if the City funded the study that it might inhibit private donations for the refurbishing and maintenance of the structure because of the perception that the City was taking care of it. Dr. Patel, the current owner of the sign, asked for City involvement in the funding. The Committee discussed the various options available for funding the Caltrans study and voted to recommend that the total cost of the study be paid 50% by Caltrans, 25% by the City and 25% by the private group not to exceed a total of $10,000. D. AMENDMENT OF CDBG CONSOLIDATED PLAN Staff summarized the proposed amendment Which included funding for the Alliance Against Family Violence and the Boys and Girls Club. Staff indicated that Councilmember Carson had objected to the funding for the AGENDA SUMMARY REPORT BUDGET AND FINANCE COMMITTEE Monday, November 13, 1995 Page -4- Boys and Girls Club because their request had been considered outside of the City's annual competitive process for receiving CDBG grants. Staff stated that the funding was to match State funding that the organization had received for facility rehabilitation and did not fit into the budget cycle. Funds for the Boys and Girls Club grant would come from the multi-family rehabilitation program, but would still leave approximately $80,000 for the multi-family program. The Committee discussed the possibility of redirecting all of the funds from this program. The Committee agreed to recommend approval of the amendment as presented, to the City Council. 7. ADJOURNMENT' The meeting was adjourned at 1:50 p.m. cc: Honorable Mayor and City Council FY 1995/96 BUDGET WORKSHOP QUESTIONS/RESPONSES Date: June 5, 1995 Question Response Councilmember No. 1: What is the additional cost for The cost of converting the part-time temporary Salvaggio funding a permanent full time position for position to a permanent full-time position would the Graffiti program as an alternative to be an additional $8,103. The salary for a full the current temporary personnel? time position is $37,980. No. 2: Describe the process for ED/CD is proposing to present a detailed report Carson/ establishing a new Redevelopment Project on this subject at a workshop in mid-September. McDermott Area. Propose a time for a workshop with the Council on this subject. No. 3: What percentage of CDBG funds A spreadsheet detailing the funding for these McDermott have been historically budgeted for single- programs since FY 92-93 is attached. family housing and the percentage budgeted for multi-family (apartment) housing? No. 4: Investigate successful graffiti Staff has replicated successful programs Carson programs in other cities that may be from the City of Southgate and the useful to Bakersfield. Bakersfield City School District. Additional research regarding other successful programs is being conducted. No. 5: .What property does the City A list of properties acquired with CDBG funds Carson currently own that was purchased with since 1980 is attached. Most of the properties CDBG funds? What is the proposed use were purchased in order to reduce blighted for the property? conditions and not for a specific purpose. No. 6: What studies have been done on Three studies have been conducted. The Carson redevelopment and blight eradication? Lakeview Avenue Neighborhood Redevelopment How were they funded? What Feasibility Study, the Feasibility Analysis recommendations and actions were taken? for the Establishment of a Redevelopment Project Area for Southeast Bakersfield and the Union Avenue Improvement Plan. A summary of the recommendations and actions resulting from these studies is attached. No. 7: How marketable will the incentive ED/CD and KEDC both report that several recent Mayor Price zone be if rail service were in place, and prospective industrial users have passed up how much would it cost? sites in the incentive area because direct rail service was not available. The estimated cost for providing service is approximately $1.9 million. Additional information is attached. No. 8: Provide a 10-year projection for See attached. McDermott the CDDA budget. 2 No. 9: What is the number of lane miles A total of 80 lane miles are scheduled to be McDermott that would be resurfaced during FY 95-96? resurfaced by contract or by City forces in How can we increase the amount of Gas FY 95-96. Staff suggests reducing the Gas Tax funding for street resurfacing and Tax fund balance from $490,000 to $200,000. maintenance? This will still provide sufficient reserve in the event the City loses additional State funding. See attached memo. No. 10: Staff should confirm that enough The projected 50 cent per month, per resident McDermott funding is available to handle landfill increase beginning in FY 96-97 will be sufficient issues and investigate the need to establish to cover the costs of the mandated closure and a reserve fund. post closure maintenance. See attached memo. No. 11: Can the user fees at the Airport be Airport fees were increased 44% in FY 91-92 and DeMond increased beginning in FY 95-96 to support FY 92-93. The present fees are comparable with its activities? other local airports offering similiar services. Staff will continue to evaluate the fees as appropriate. No. 12: What is the value of the City's The City has approximately 740 miles of paved DeMond streets and alleys and the cost of streets and 150 miles of paved alleys. The replacement/maintenance? Propose a date approximate value of the street inventory is for a workshop on the proposed pavement $297,650,000. A workshop on pavement management management system systems will be scheduled for August. A memo with additional information is attached. No. 13: Is it warranted to move the This signal is scheduled to be constructed in McDermott Jewetta/Brimhall signal ClP project up 1998 when the anticipated traffic volume would to FY 95-96? warrant it. Additional information is attached. 3 No. 14: What positions were deleted from In FY 93-94, Street Maintenance lost a Street Salvaggio the Street Maintenance Division during Maintainer and Street Supervisor position. The budget cuts? What was the impact of current ratio is 39 miles per Streets employee. those cuts? Document the need for Additional information is attached. reinstating those positions. No. 15: Provide a status report on signal Project design was completed on April 28, 1995. Salvaggio project at Akers and Panama Lane. Contract award is scheduled for June 14, 1995 Council Meeting. No. 16: What options are available for Staff will research this issue and provide a Carson privatizing the Airport operations? preliminary report by January of 1996. No. 17: Why do we conduct road The current policy prohibits lane closures during Rowles maintenance and construction work during the morning commute before 8:30 a.m. When traffic peak hours? Can we find alternatives to volume is constant throughout the day, other options complete the projects during off-peak are explored such as evening and night time work. hours? A memo with additional information is attached. No. 18: Council would like to receive The latest report on Asset Forfeiture funds is McDermott the annual report on asset forfeiture attached. funds and major expenditures purchased. No. 19: Why. is there no appropriation of Assessment Districts are generally capital projects, McDermott assessment district funds in the Public and therefore operating costs are charged directly Works operating budget? to the capital project. The amount shown in the FY 93-94 actuals was for a feasibility study for an assessment district being considered in that fiscal year. 4 No. 20: Why is there a difference between The expenditure detail on page 94 is operations only McDermott the detail of refuse expenditures on page and does not include either capital or debt service 94 and revenues listed on page 1807 expenditures. A memo is attached. No. 21: Does the City Council have a This item will be discussed at the upcoming department policy on funding Outside agencies? head meeting. No. 22: The Council would like to receive See attached. McDermott a quarterly report on merit step increases. BAKERSFIELD Economic and Community Development Department MEMORANDUM June 8, 1995 TO: Alan Tandy, City Manager ~ FROM: Jake Wager, Economic Development Direct SUBJECT: Responses to City Council questions on FY 95-96 proposed budget. On Monday, June 5, 1995 following this department's budget presentation, various members of the City Council posed a total of eight questions which required additional follow-up. I am responding to those questions in the same order as listed in your June 6, 1995 memorandum. Councilmember Salvaggio asked what wouM be the additional cost of funding a permanent full-time position whose primary tasks wouM be the implementation of the Graffiti Program and overseeing the VISTA Program. The total cost of converting a part time temporary Development Technician to full-time permanent would be $8,103. Councilmember McDermott asked for a description of the process necessary for establishing additional redevelopment project areas focusing especially on what level of additional administrative cost might be incurred. As indicated at the budget hearing, you have asked me to look at the property tax trends for the two areas generally being considered. In addition we had spoken of presenting, through a workshop format, the process involved in project area formation as well as discussing the impact this could have on the other affected taxing agencies and what forms of governance exist or are allowed under California Redevelopment Law. I would propose addressing all of the above at a mid-September workshop. This would give us an opportunity to put together a solid workshop which could prove helpful to the Council in considering whether to move forward. In the meantime the only expenses incurred would be staff research time. Councilmember McDermott asked for a comparison of CDBG and HOME Funds available for single family housing programs versus those available for multi-family housing programs. Attached is a comparison of these programs since FY 92-93. Councilmember Carson asked if we cold investigate successful graffiti programs in other cities. I would like to assure the Council and you that we are not at all adverse to looking for new ideas and new approaches to combatting graffiti. By way of illustration, the Golden Brush Award that we have instituted is one example of just such an approach. The award is modeled after a similar program offered by the City of Southgate. In Southgate's case the Police Chief created the award as a way of recognizing the significant contributions that were being made by individual citizens in helping to reduce or eliminate graffiti. Another example of our willingness to look at other successful programs is the pilot educational program just recently implemented in partnership with Bakersfield City School District. Our investigation of fresh ideas for new ways to combat graffiti is on-going. Councilmember Carson asked for a list of properties purchased with CDBG and what the proposed use of the property is. In many instances, properties were not purchased because of an envisioned land use. Instead, the properties were acquired in order to alleviate a negative situation. An example of this is the current site of Clinica Sierra Vista project which is the former location of the Lakeview Inn. Attached is a list of properties acquired with CDBG funds since 1980. Councilmember Carson asked what studies had been completed in past years which explored the possibility or feasibility of establishing additional redevelopment project areas. We were also requested to determine how these studies had been funded as well as what recommendations and actions were taken following the completion of any such studies. Three studies have been conducted: ® Lakeview Avenue Neighborhood Redevelopment Feasibility Study (Census Tract 22), prepared by Katz, Hollis, Coren & Associates, Inc. in 1982; ®Feasibility Analysis for the Establishment of a Redevelopment Project Area for Southeast Bakersfield, prepared by Urban Futures, Inc. in 1988; and · Union Avenue Improvement Plan, prepared as a senior project by City and Regional Planning students at Cal Poly San Luis Obispo, 1990. This project was funded by the Kem Council of Governments. The 1982 study focused solely on Census Tract 22 and concluded that, although the proposed project area contained significant blighting conditions, economic conditions within and outside the area needed to be considered to determine an overall strategy for upgrading the residential neighborhood. The study suggested linking an impoverished residential neighborhood to adjoining industrial and commercial areas to achieve overall economic development objectives within the neighborhood itself. The report also concluded that the extreme physical deterioration and the absence of private investment is symptomatic of the underlying economic problem of the area: limited household income aggravated by lack of employment and job training opportunities. The 1988 report focused on a study area much larger than the earlier study, encompassing over 3,600 acres of land zoned for residential, commercial and industrial uses. This area was generally bounded by Freeway 178 on the north, Mt. Vernon Avenue on the east, East Pacheco Road on the south, and Union Avenue on the west. The study concluded it would be feasible to establish a viable redevelopment project area due to the inclusion of commercial and industrial zoning. The 2 consultants determined that there were potential sections within the larger area which exhibited characteristics which could, with redevelopment agency help, attract development, thus increasing the assessed valuation of the area to establish future revenues for a project. The 1990 study explored development strategies for Union Avenue, including improving the appearance of the street and the safety of drivers and pedestrians. Among the recommendations offered by the students were a comprehensive landscaping program along Union Avenue, a neighborhood beautification program, and creating an assessment district for utility undergrounding and landscaping. No actions were taken on the recommendations of the first two studies. As for the third study, a comprehensive landscaping plan has been developed and implemented, and an assessment district has been formed to maintain the new landscaping as suggested by the 1990 report. The 1990 Cal Poly study was funded by the Kern Council of Governments. We are unsure about the funding sources of the 1982 and 1988 studies, except that neither were funded by Community Development Block Grant monies. We will continue our efforts to identify the exact source of funding for the 1982 and 1988 studies. The Mayor asked if the incentive area's marketability would be increased if additional properties were rail-served. The Mayor also inquired if we knew the cost of providing additional rail lines. The Incentive Area lacks available industrial sites served by rail. Over the years, both this department and Kern Economic Development Corporation have found that many companies specifically need rail-served sites. Due to the lack of such sites in the Incentive Area, potential employers look elsewhere to locate, and the High Density Unemployment Area continues to lose out on potential jobs. This liability has long been recognized as an obstacle in marketing the area. In 1990, this department submitted an application for funding a feasibility study to examine bringing rail service to the industrial areas near South Mt. Vernon Avenue and Freeway 58. Unfortunately, higher priority was given to projects ready to be implemented, rather than those requesting feasibility studies. Nevertheless, the initial cost estimates in 1991 to bring a rail spur to this area were approximately $1.9 million. Rail companies have been very creative in offering service to customers without a rail line on site. One such concept is Santa Fe's Quantity Distribution Centers, or QDCs. Under this arrangement, a company in Bakersfield can make one call for delivery of a product from anywhere in the continental United States. The railroad arranges truck transportation to pick up the product and deliver it to the railroad for shipment to the Bakersfield QDC. The product is stored at the QDC and delivered to the company by truck when the company wants and in the amounts needed, The rest is stored at the QDC. This "one call does it all" concept costs less than having a rail spur on site and it provides more flexibility to many businesses. Some companies, however, must have direct rail service. For example, the day following our budget presentation, a very serious industrial client was in town. This client must have direct rail service. The only site in southeast Bakersfield which meets the company's criteria lies in the unincorporated 3 area and is outside the Incentive Area. While both this department and KEDC promoted Gateway, Enterprise, and other Incentive Area industrial locations to this client, none of these sites offered the direct rail service the client must have on site. Councilmember McDermott asked to be provided with the customary ten year cash flow for the CDDA. Attached is a 10 year projection for the CDDA's cash flow. It reflects the FY 1995-96 Proposed Budget and the most recent data available at this writing as provided by the Finance Department. Though the Agency's fiscal health has improved since their debt was consolidated in 1993, their budget continues to reflect fiscal conservatism. Included in the cash flow is the first of a five year commitment to John Q, Hammons for costs associated with the start up of the Hotel. In past years, a portion of the Agency's property tax increment was shifted to the State for funding K-12 schools and community colleges. As the State's proposed budget does not continue with the shifting of these funds, resources were not allocated for that purpose. As noted some of the questions particularly those focusing on redevelopment are by their nature complex and do require additional time to adequately research and respond to the question posed. This memorandum is intended to respond rapidly to those questions for which the answers are immediately at hand. 4 FEDERALLY FUNDED HOUSING ASSISTANCE 06/08/95 i!:-!i!iii!:?i!i!~!!!:!!!:!:!:~:!iii!ii:i:~:i:i:i:~:!:i:~:i:!:i:i:iii:!i!i!ii[!i![iiii'''''''''''~'''''''' :* :' :' :' :* :* :* :' :* :' :* :* :* :* :* :' :* :* :' :* :' :' :' :' :* :* :' :* :* :' :* :' :* :* :* :* :' :* :* :' :' :* :' :' :* :* :' :* :' :* :* :* :' :* :* :* :* :* :' :* :* :' :* :* :' :*:* :' :* :* :* ::¥:¥:¥: :' :' :~ :':: i:~:i: !:i :i:i:!:i:i:!:!:i:i:i:i:i:i:i:i:i:i:i:?i:i:i:i:i:!:i:!:! :~:i:i:i:!:::!:!:i :::::::::::::::::::::: :::::::::::::::::::::::::::::::::::::: :i :i:i:i:i:i:i:! :i:i:iiii i:!ii: i:i:i:!:ii!:!ii:i: !~!:i:!:i:i:!:i:!:~:~:~: i:i:!:i:!: i:!: i:i:i:i:i:i: i:!iiiiii: i iii!:iiiii:!iiii: i:!i!ii :~i!:!:i i il i:!iiii :iii: !:~:! :!:i:~:i:i:i: i:i:~:i:i:i: !:i:i: i:i :!:i:i:i: i:i:i:i:i:i:i:i:i:i:i:i:i:i :i:i :i:i: i: i:!:i: !:i: !:!:i:i:i:!:i:!:i:i:!. SUMMARY OF BOTH ENTITLEMENTS Total Entitlement/Program Income $2,472,300 $3,059,000 $3,891,0OO $4,339,500 Single Family Rehabilitation $597,817 24.2% $158,000 5.2% $435,000 11.2% $304,525 7.0% Multi-Family Rehabilitation $145,750 5.9% $399,022 13.0% '$285,000 7.3% $185,000 4.3% First Time Homebuyer$ $100,000 4.0% $97,968 3.20/0 $135,000 3.5% $250,625 5.8% CDBG Total Entitlement/Program Income $1,662,300 $2,525,000 $3,000,000 $3,253,000 Single Family Rehabilitation $221,567 13.3% $7,500 0.3% $135,000 4.5% $0 0.0% Multi-Family Rehabilitation $0 0.0% $279,022 11.1% $135,000 4.5% $80,000 2.5% First Time Homebuyera $100,000 6.0% $97,968 3.9% $75,000 2.5% $0 0.0% HOME Total Entitlement/Program Income $810,000 $534,000 $891,000 $1,086,500 Single Family Rehabilitation $376,250 46.5% $150,500 28.2% $300,000 33.7% $304,525 28.0% Multi-Family Rehabilitation $145,750 1.8% $120,000 22.5% $150,000 16.8% $105,000 9.7% First Time Homebuyers $0 0.0% $0 0.0% $60,000 6.7% $250,625 23.1% Property Log of Real Estate Purchased with CDBG Funds and Owned by City of Bakersfield June 8, 1995 I. City Owned Property Purchased with CDBG Funds 1. 407 Lakeview Avenue APN :019-071-14 Lot No.: Sunset Tract Lots 23, 24, 25, and 26 Purchase Price: $90,000 Status: Substandard structures demolished, cleared lot East side of Lakeview, north of Virginia Avenue 2. 417 and 425 Lakeview Avenue APN:019-071-11 and 16 Lot No.: Sunset Tract Lots 19, 20, 21, and 22 Purchase Price: $52,500 Status: Substandard structures demolished, cleared lot East side of Lakeview, north of Virginia Avenue 3. 508 Lakeview Avenue APN: 018-122-15 Lot No.: Tract 1171 Lot 36 except for the southern 30 feet Purchase Price: $37,000 Status: Substandard structures demolished, cleared lot Portion used for cul-de-sac S.W. corner of Ralston and Lakeview 4.700 and 702 Lakeview Avenue APN: 018-091-20 and 21 Lot No.: Tract 1232 Lot 58 except for the northern 35 feet Purchase Price: $17,200 Status: Substandard structures demolished, cleared lot Portion used for cul-de-sac N.W. corner of Gorrill and Lakeview 5. 720 Lakeview Avenue APN: 018-091-45 Lot No.: Tract 1232 Lot 1 except for the southern 60 feet Purchase Price: $28,000 Status: Commercial building scheduled to be sold July 19, 1995 Im:DB9/CDBG.LOG 6. 530 Fourth Street APN: 009-401-06 Lot No.: Lowell Park Tract Lot No. 13 009-403-11 BI. 3 Union Add. Lot No. 1 (Pt.) 009-403-12 BI. 3 Union Add. Lot No. 1 (PT.) 009-403-21 Lowell Park Tract Lots 15 - 22 Purchase Price: $200,000 Status: Part of Bakersfield Senior Citizens Center Complex 7. 530 Fourth Street APN: 009-403-22 Lot No.: Block 3 Union Addition Lot No. 1 (Pt) and 2 (Pt) Purchase Price: $36,700 Status: Part of Bakersfield Senior Citizens Center Complex 8. 530 Fourth Street APN: 009-403-10 Lot No.: Block 3 Union Addition Lot No. 1 (Pt) Purchase Price: Unknown Status: Part of Bakersfield Senior Citizens Center Complex 9. 1530 and 1600 East Truxtun Avenue APN: 017-072-14 Lot No.: Kern Block 177 (Pt) and 178 (Pt) Purchase Price: $137,000 Status: Bakersfield Homeless Center Complex Im:DBg/CDBG.LOG Central District Development Agency 03:30 PM 10 Year Cash Flow with 000's Omitted os-Jun-e5 Resources Beginning Balance ~ 1,185 1,222 1,572 1,486 1,208 1,263 1,274 1,301 1,360 1,456 Tax Increment Gross 2 1,351 1,297 1,311 1,295 1,445 1,474 1,503 1,533 1,564 1,595 Interest Revenue: Investments 3 78 68 53 57 81 99 103 123 138 149 Parking Lot Note 4 30 30 30 30 45 60 60 60 60 60 Loan from COB General Fund $ 208 Lease Revenue: Eye Street Garage 6 131 136 139 463 Convention Center 7 401 400 404 402 399 402 403 404 404 403 Other Financing Sources 8 8,545 25 50 50 50 50 25 Sale of Agency Parcels 9 203 Other Revenues to 68 1 I 1 I I 1 I 1 1 Total Resources 3,447 11,907 3,510 3,734 3,204 3,349 3,400 3,473 3,578 3,689 Less Expenditures Cost Allocations ~ ~ 219 259 243 212 227 231 236 240 245 250 Other ~2 57 89 36 1 04 85 87 89 90 92 94 County of Kern - Tax Collections ~3 29 27 22 23 30 32 34 36 38 40 Eye Street Parking - Reimbursment ~4 164 140 144 Parking Lots ~5 30 30 30 30 45 60 60 60 60 60 Housing Sat-aside lo 265 260 290 300 310 315 320 335 ERAF 17 208 75 75 Debt Service: Sewer Fund - Loan ~8 169 810 General Fund - Loan 49 208 Eye Street Parking 20 133 124 134 657 Tax Allocation Bonds - 1983 ~ 614 5,938 Tax Allocation Bonds - 1993 2~ 172 548 760 761 760 763 765 760 764 Convention Center COP's - 1987 23 401 400 404 402 399 402 403 404 404 403 Convention Center - Hotel 24 409 1,264 121 100 200 200 200 200 100 Reimbursements - Porter Roberson 25 2 3 3 3 3 3 3 3 City Center Parking Lot =s 648 Total Expenditures 2,225 10,335 2,024 2,526 1,941 2,075 2,098 2,113 2,122 2,049 Ending Balance 1,222 1,572 1,486 1,208 1,263 1,274 1,301 1,360 1,456 1,640 Ending Balance Reserve: Debt Service 27 1,071 1,163 1,163 1,163 1,163 1,163 1,163 1,163 1,163 1,163 Insurance ~8 100 100 100 Debt Due - Parking 20 77 89 93 Total Reserves Required 1,248 1,352 1,356 1,163 1,163 1,163 1,163 1,163 1,163 1,163 Available Balance (26) 220 130 45 100 111 1 38 197 293 477 c:\1 mad\ed\ceshflw5,wkl BAKERSFIELD PUBLIC WORKS DEPARTMENT MEMORANDUM TO: ALAN TANDY, CITY MANAGER FROM: RAUL M. ROJAS, PUBLIC WORKS DIRECTOR ~~~ DATE: JUNE 9, 1995 REF: FISCAL YEAR 1995/96 BUDGET WORKSHOP QUESTIONS/RESPONSES Currently, proposed resurfacing for fiscal year 1995/96 amounts to 50 lane miles (13 street miles) to be resurfaced by contract projects and 30 lane miles (15 street miles) to be resurfaced by City forces. The attached chart shows those figures compared to the City's total street mileage. As shown we are well below the optimum 15 year resurfacing cycle with our current program. With respect to how we can increase Gas Tax funding for street resurfacing, we have the following response. Currently, the vast majority of available Gas Tax dollars goes towards resurfacing projects. In addition, we aggressively apply for other Gas Tax dollars through programs such as the State Local Transportation Partnership Program (SLTPP). There is also available approximately $490,000 in Gas Tax fund balance. We could utilize some of these funds for additional resurfacing projects and leave a fund balance of approximately $200,000. There should however be some caution taken if we further reduce the fund balance since the State if proposing to reduce funding for the SLTPP program. P:\MEMOS\RAUL19 B A K E R.S F I E L D PUBLIC WORKS DEPARTMENT MEMORANDUM TO: ALAN TANDY, CITY MANAGER FROM: RAUL M. ROJAS, PUBLIC WORKS DIRECTOR~/~7~ DATE: JUNE 9, 1995 SUBJECT: RESPONSE TO FY 95/96 BUDGET WORKSHOP QUESTION Question from Councilmember McDermott "Staff should confirm that enough funding is available to handle landfill issues and investigate the need to establish a reserve fund." Response Funding for final closure of the old landfill can be anticipated in three segments: landfill gas control, mandated environmental closure with post closure maintenance, and possible remediation work. While costs for the first two can be estimated, the third will remain unknown until the State approves the draft closure plan and Environmental Impact Report (EIR). According to the consultant's studies, remediation will be accomplished through implementation of the closure plan. Thus, no remediation costs are currently anticipated. Cost estimates and funding plans are as follows: 1. Landfill gas control The approximate $950,000 cost for a gas control system to achieve final closure is divided into a $200,000 project currently underway, a $150,000 amount budgeted for design work in FY 95-96, and the remaining $600,000 spread over five year financing at $150,000 per year beginning in FY 95-96. Staff has included FY 95-96 costs in the proposed balanced budget. Page 1 of 2 MEMORANDUM ALAN TANDY, CITY MANAGER DATE: JUNE 9, 1995 SUBJECT: RESPONSE TO FY 95/96 BUDGET WORKSHOP QUESTION 2. Mandated closure and post-closure maintenance The consultant's draft closure plan is estimated to cost $2.3 million. Closure costs are shared equally by the City and Kern County, except for the burn dump and gas control work which are the City's responsibility. The City's share of the estimated $2.3 million closure work is $1.3 million. By spreading this cost over 5 year financing beginning mid-year in FY 96-97 and budgeting $120,000 annually for estimated post- closure maintenance, staff estimates that a 50¢ per month per residence (or 4.8%) rate increase would be required in FY 96-97. Using the above projection, it does not appear necessary to build a reserve. However, the possibility of high costs for remediation work still exists, pending EIR approval. If these occur and are not covered by the City's insurance, they would typically be funded with 20 year financing to minimize impact on refuse rates. KPB:smp:mro c: Kevin P. Barnes, Solid Waste Director Page 2 of 2 BAKERSFIELD PUBLIC WORKS DEPARTMENT MEMORANDUM June 9, 1995 TO: ALAN TANDY, CITY MANAGER //~ FROM: RAUL M. ROJAS, PUBLIC WORKS DIRECTOR SUBJECT: PUBLIC WORKS BUDOET WORKSHOP QUESTIONS / RESPONSES Can the user fees at the Airport be increase beginning in fiscal year 1995-96 to support its activities? During the fiscal year 1991-92 and 1992-93 the fees were raised 44%. Our present fees are comparable with other local airports and at this time we do not have any more to offer than similar facilities. We will analyze our fee structure at the airport beginning September 1995. We will be able to make recommendations to the Council regarding any increases by January 1996. What options are available for privatizing the Airport operations? (Provide at least a preliminary report by January of 1996) Staff will begin gathering information on privatizing the operations of the Airport an provide a preliminary report by January 1996. B A K E R.S F I E L D PUBLIC WORKS DEPARTMENT MEMORANDUM TO: Alan Tandy, City Manager FROM: Raul M. Rojas, Public Works Director DATE: June 7, 1995 SUBJECT: Value of City Streets Currently, there are approximately 740 miles of paved streets and 150 miles of paved alleys within the City of Bakersfield. This places our city in the top ten urbanized areas statewide with regard to street mileage. The approximate value of our street "inventory" is as follows: Arterial Streets 100 miles $102,200,000.00 Collector Streets 65 miles $ 31,506,000.00 Local Streets 575 miles $163,944,000.00 Alleys 150 miles $ 21,384,000.00 Total Street "Value" $297,650,000.00 The City has far outgrown our current system of pavement management and should consider some of the more comprehensive programs available. Staff has done some research on these programs and would like to propose a workshop in August for the City Council on pavement management systems. CI094:\STREET$.MEM RMR.'mps xc: Reading File Project File Jac~lues R. La Rochelle Marian P. Shaw BAKERSFIELD PUBLIC WORKS DEPARTMENT Traffic Engineering Memorandum DATE: June7, 1995 TO: RAUL M. ROJAS, PUBLIC WORKS DIRECTOR FROM: STEPHEN L. WALKER, TRAFFIC ENGINEER/~'~ SUBJECT: RESPONSE TO FISCAL YEAR 1995/96 BUDGET WORKSHOP, PUBLIC WORKS QUESTION NUMBER (TRAFFIC ENGINEERING RELATED) Following is the Traffic Engineer's response to questions regarding traffic signals: Can we move the Jewetta/Brimhall Signal CIP project up to FY 95-967 (McDermott) Response: The intersection is anticipated to meet warrants for a traffic signal in 1998. This is based on available development information and projections of traffic volume based on buildout in the area. Since the intersection does not now meet any warrants and there are currently 25 other locations that now meet one, or more, warrants, I do not recommend a change in the project year. If the intersection should meet warrants sooner than anticipated, the proposed project year will be changed accordingly. Currently, the intersection is a simple "TEE" intersection with no road to the south and the streets are only two lane roads. Installation of a traffic signal will require additional right of way acquisition plus construction of the intersection to the expanded intersection width standard. With respect to the future high school site on Jewetta, about 1/4 mile south of Brimhall, the Kern High School District had informed Traffic Engineering that the new school would not open until the fall of 1998 and this was taken into consideration in our scheduling. We have again checked with Mr. Jack Colvard, KHSD, who verified that the fall 1998 date is the earliest the school may open. If the intersection is funded for the 1997-98 year, a signal should be operational by the time the school opens in the fall of 1998. cc: PW Memo Files Traffic Engineering File - Budget Workshop Questions 95-96 budget slw:\DATA\WP\I g95\BudQuest.Mem BAKERSFIELD PUBLIC WORKS DEPARTMENT MEMORANDUM June 9, 1995 TO: Alan Tandy, City Manager FROM: Raul M. Rojas, Public Works Director (~L SUBJECT: Public Works Department Fiscal Year 1995-96 Budget Workshop Questions/Responses - June 5, 1995 What positions were deleted from the Street Maintenance Division during budget cuts? What was the impact of those cuts? Document the need for reinstating those positions. During the 1992-93 fiscal year in the Street Maintenance section there were twenty employees and two supervisors that were responsible for maintaining 661 miles of streets. This ratio of employees to streets is roughly 33 miles per employee. During the budget process for fiscal year 1993-94 the Street Maintenance section lost a Street Maintainer and Street Supervisor position. As a result, this section had nineteen blue collar employees and a ratio of over 35 miles of streets per employee. In the current fiscal year the City has roughly 739 miles of streets and still only nineteen employees. This gives us a ratio of almost 39 miles of streets per employee. As a matter of historical comparison, our ratio in the mid 1980's was 22 miles per employee. While much of the street maintenance equipment has improved, pothole repairs, crack sealing, section repairs, concrete repairs and penetration sand sealing are performed much as they were years ago. Consequently, the street ratio increase from 33 miles to 39 per employee is an 18% increase. This factor coupled with an extremely wet year has resulted in a significant increase in the work load. Obviously, we have not been able to keep up with this increase and the condition of our streets reflect this. As the street mileage continues to increase the ability to perform standard maintenance programs such as pot hole and section repairs, penetration sand sealing, crack sealing, patching, etc. decreases significantly due to lack of available personnel. The personnel that typically perform the standard maintenance programs are street maintainers. cc: Joe Lozano STREET MAINTENANCE SECTION STREET MILES PER EMPLOYEE STREET MILES $0 ............................................................................... ............................... ............... ~o ~ ~ ~ o ~ ~ ~ ~2/~ ~/~4 ~4/~$ ~$/~ ~$/~ REG, NUMBER OF EMPLOYEES ~ MILES PER EMPLOYEE NOTE: The 95/96 REQ. is based on the request for two additional Street Maintainers. BAKERSFIELD PUBLIC WORKS DEPARTMENT Traffic Engineering Memorandum DATE: June 7, 1995 TO: RAUL M. ROJAS, PUBLIC WORKS DIRECTOR FROM: STEPHEN L. WALKER, TRAFFIC ENGINEER/~'~) SUBJECT: RESPONSE TO FISCAL YEAR 1995/96 BUDGET WORKSHOP, PUBLIC WORKS QUESTION NUMBER (TRAFFIC ENGINEERING RELATED) Following is the Traffic Engineer's response to questions regarding traffic signals: Provide status report on signal project at Akers and Panama Lane. (Salvaggio) Response: The project is on schedule. The design phase of the traffic signal project was completed on April 28, 1995 with approval of the plans and specifications for bidding. Bids from contractors were received and opened on May 24, 1995. The Iow bid was received from Taft Electric of Ventura, California in the amount of $95,143 which does not include the City furnished controller cabinet and traffic controller unit. The award of contract is on the agenda for the upcoming June 14, 1995 Council meeting. Construction will be scheduled by the Construction Inspection section of Public Works after award of contract and receipt of signed contract documents. The contractor has 35 working days to complete the project after receiving the notice to proceed from Construction Inspection. cc: Bruce Deeter, CE III, Traffic Engineering Brad Underwood, CE 111, Traffic Engineering PW Memo Files Traffic Engineering File - Budget Workshop Questions 95-96 budget slw:\DATA\WP\1995\BudQuest.Mem MEMORANDUM TO: ALAN TANDY, CITY MANAGER R ~ // FROM: RAUL M. ROJAS, PUBLIC WORKS DIRECTO DATE: JUNE 7, 1995 REF: FISCAL YEAR 1995/96 BUDGET WORKSHOP QUESTIONS/RESPONSES STATUS OF PANAMA LANE OVERCROSSING WIDENING PROJECT.. '~ · On January 11, 1995, the City Council approved the agreement for the consultant to provide Caltrans with a Project Study Report (PSR) and Project Report (PR) to be approved by Caltrans prior to the completion of the Plans, Specifications and Estimates (PS&E). Based upon the original schedule, the combination PSR/PR was to be completed and sent to Caltrans by June 1, 1995 with plans completed by January 1996. This project is scheduled to be budgeted for in the fiscal year 1996/97. This allows ample time for the completion of the project prior to advertisement in July, 1996. At this time, I am happy to report that the PSR/PR has already been sent to Caltrans for theft review and approval. This project is fight on schedule and design should be completed on schedule baring any delays imposed upon us by Caltrans. P:\MEMOS~RAUL18 MEMORANDUM DATE: JUNE 8, 1995 TO: ALAN TAN-DY, CITY MANAGER FROM: RAUL ROJAS, PUBLIC WORKS DIRECTOR/v/~ SUBJECT: RESPONSE TO QUESTION ~ ASKED DURING PUBLIC WORKS' BUDGET PRESENTATION The question is: "Why do we conduct road maintenance and construction work during peak hours? Can we find alternatives to complete the projects during off-peak hours?" The answer is: Our current policy is as follows: On all construction projects involving major collectors and/or arterials and which require lane closures, staff evaluates the volume of traffic anticipated in the construction area during the morning and afternoon peak commute times. The primary concern is for the morning commute since all of our projects are limited to normal working hours of 7:30 am to 4:30 pm. If construction of the project will require lane closures in the principal direction of morning commute traffic on a given high volume street, the specifications include a statement that the contractor may not close lanes in that direction of traffic prior to 8:30 am. If the morning commute traffic is uni-directional on the street, he may close lanes in the non-principal direction prior to 8:30 am. On some street segments in the City, traffic volume remains relatively high throughout the day. Traffic will experience delays at those locations during a construction project. To require the contractor to arrange his work in those situations to avoid creating traffic delays would greatly increase the construction cost of the project. Where the traffic volume is constantly high throughout the day, staff investigates other possible options for minimizing the project's impact on vehicular circulation. One possibility \ARNOLD\GENERALUACK.608 that is considered is evening and night time construction. This option works extremely well in industrial areas since the vehicular traffic is very minimal at those times of day. In commercial areas this option is less effective since there is vehicular traffic in the evening hours due to customer arrivals and departures from the commercial area. Staff very seldom will allow this option on projects that are adjacent to residential areas due to the impact of construction noise on those citizens. In the circumstances where the contractor requests extra working hours beyond the normal 7:00 am to 4:30 pm, he must pay for the City Inspector's overtime. In addition, the specifications issued for the project, never allow lane closures in either direction during the afternoon commute time. \ ARNOLD\GENERAL~J ACK.608 MEMORANDUM JUNE 7, 1995 TO: ALAN TANDY, CITY MANAGER FROM: GREGORY J. KLIMKO, FINANCE DIRECTOR/~ SUBJECT: FISCAL YEAR 1995/95 BUDGET WORKSHOP QUESTION/RESPONSES Below is the response to Councilmember McDermott request regarding: Why is there a difference between the detail of Refuse Fund Expenditures on page 94 and revenues listed on page 1807 The $16,379,275 Refuse Fund Expenditures on page 94 reflects the Public Works Department Operating Budget so funded. The Revenues on Page 180 includes funding for Debt Service, Capital Improvements and transfers for additional refuse equipment in addition to the Public Works Department Operating Budget. krc MGJK.20 BAKERSFIELD MEMORANDUM June 5, 1995 TO: GAIL WAITERS, ASSISTANT CITY MANAGER FROM: JOHN W. STINSO~,bJA~SISTANT CITY MANAGER SUBJECT: MERIT STEP INCREASE REPORTS Attached is the most recent report on Merit Step Increases as requested by Councilmember McDermott at the June 5th budget meeting. It includes information for the first quarter of 1995 and a summary of activity to date for this fiscal year. These are distributed to the Council quarterly as part of the weekly General Information memo. MEMORANDUM TO: JOHN W. STINSON, ASSISTANT CITY MANAGER DATE: 4/18/95 FROM: ANTHONY GONZALES, HUMAN RESOURCES SUPERVISOR ~ SUBJECT: REPORT ON MERIT STEP INCREASES QUARTER PERIOD JANUARY - MARCH 1995 Per the City Council's request, attached is a listing by department of the number of eligible employees who received Step 4 or 5 "medt" increases for the quarter January - March 1995. Thirty (30) of thirty-two (32) eligible employees received Step 4 or 5 "merit" increases during the pedod. STEP INCREASE REPORT JANUARY-MARCH 1995 18-Apr-95 tEXECUTIVE 3 2 I 1 2 1 FINANCE 1 I 1 1 0 0 !ATTORNEY 2 1 0 0 2 1 POLICE 6 6 1 1 5 5 [FIRE 2 2 0 0 2 2 i PUBLIC WORKS * 9 9 5 5 4 4 I WATER RESOURCES I 1 0 0 1 1 ~ COMMUNITY SVCS 5 5 2 2 3 3 I DEVELOPMENT SVCS 3 3 0 0 3 3 liED/CD 0 0 0 0 0 0 · Solid Waste totals are mcludecl in Public Works and not Water Resources. STEP INCREASE REPORT 1994-1995 Steps 4 and 5 18-Apr-95 IEXECUTIVE 1 0 1 1 3 2 2 0 0 0 0 I: POLICE 6 6' 17 15 6 6 10 0 FIRE 5 5 14 14 2 2 2 0 PUBLIC WORKS 8 7 8 71 9 9 15 !WATER/SOLID WASTE 2' 2 2 2I 1 1 I 0 ',couMtmrr¥ svcs 4 4 3 i DEVELOPMENT SVCS 2 1 I II 3 3 1 0i ~.D,CD , o, o ut o o o o * Beginning January-March 1995, Solid Waste totals are included in Public Works and not Water Resources. **increases April-June not reported yet. FY 1995/96 BUDGET WORKSHOP QUESTIONS/RESPONSES Date: May 31, 1995 Question Response Councilmember No. 1: What other items did the Police A Senior Records Clerk and Sergeant position. The Chow/McDermott Department request that are not included impact of additional workload is not known at this in the proposed budget? time. $25,000 in temporary personnel was allocated until such time that sufficient documentation is available to justify a permanent clerk position. The amount of temporary pay allocated is 75% of the amount needed to fund a permanent full-time clerk. Regarding the other position, it was felt that the seven positions recommended were a higher priority than the traffic sergeant/supervisor. No. 2: Staff should research the feasibility According to Chief Brummer, they are researching Carson/ of the City of Bakersfield taking over the the cost and feasibility of internalizing this McDermott responsibilities of booking arrestees within function. A report for the Council to consider the city limits, will be available within the next few months. No. 3: Why doesn't the City use Gas Tax The primary reason is that Gas Tax funds are a Salvaggio to pay for median island maintenance and limited resource and specific street improvement what is the functional purpose and reason have been determined to be a higher priority purpose. the City constructs these islands? The median islands are constructed for traffic control and as a safety barrier. The General Plan, approved by the City Council, calls for these medians to be landscaped. No. 4: Staff should research why the Public Works estimates that the park will be McDermott residents of Tevis Ranch will be completed in early 1996. In light of this charged a full year's assessment when the fact, the assessment will be prorated for park is not completed, six months. 2 FY 1995/96 BUDGET WORKSHOP QUESTIONS/RESPONSES Date: May 31, 1995 Question Response Councilmember No. 1: What other items did the Police A Senior Records Clerk and Sergeant position. The Chow/McDermott Department request that are not included impact of additional workload is not known at this in the proposed budget? time. $25,000 in temporary personnel was allocated until such time that sufficient documentation is available to justify a permanent clerk position. The amount of temporary pay allocated is 75% of the amount needed to fund a permanent full-time clerk. Regarding the other position, it was felt that the seven positions recommended were a higher priority than the traffic sergeant/supervisor. No. 2: Staff should research the feasibility According to Chief Brummer, they are researching Carson/ of the City of Bakersfield taking over the the cost and feasibility of internalizing this McDermott responsibilities of booking arrestees within function. A report for the Council to consider the city limits, will be available within the next few months. No. 3: Why doesn't the City use Gas Tax The primary reason is that Gas Tax funds are a Salvaggio to pay for median island maintenance and limited resource and specific street improvement what is the functional purpose and reason have been determined to be a higher priority purpose. the City constructs these islands? The median islands are constructed for traffic control and as a safety barrier. The General Plan, approved by the City Council, calls for these medians to be landscaped. No. 4: Staff should research why the Public Works estimates that the park will be McDermott residents of Tevis Ranch will be completed in early 1996. In light of this charged a full year's assessment when the fact, the assessment will be prorated for park is not completed, six months. 2 FY 1995/96 BUDGET WORKSHOP QUESTIONS/RESPONSES Date: May 24, 1995 Question Response Councilmember No. 1: Are there other drainage basins Two others are being used besides Patriots. Park -- Mayor Price that the City uses for recreation? Wilson Park and Centennial Park. Over time, these basins just don't drain well because of bad soil, so they are taken out of circulation. FY 1995/96 BUDGET WORKSHOP QUESTIONS/RESPONSES Date: May 22, 1995 Question . Response Councilmember No. 1: What entitlement revenues does the A listing of these revenues and their sources are Carson City receive, and how are they budgeted? highlighted in the attached memo from the Finance Director. No. 2: What are the issues regarding the A memo on this issue is attached. Staff will have DeMond emergency fuel needs of the Fire a proposed fuel program for Council to review by Department? mid-July 1995. No. 3: How does the Fire Department's A memo comparing budgeted overtime versus actual McDermott overtime budget for fy 94-95 compare expenditures for fy 94-95, and the proposed for with its proposed budget for fy 95-96? FY 95-96 is attached. Salvaggio No. 4: What will Assistant City Manager Assistant City Manager Stinson will continue to Stinson's duties be once the Human serve as the Department Head responsible for the Resources Manager is hired? Human Resource and Risk Management divisions, in addition to working on special projects assigned by the City Manager. A memo highlighting some of these assignments is attached. No. 5: Please provide more detail A detailed accounting of the personnel changes is · Salvaggio regarding the personnel changes attached, along with the listing of personnel by that have occurred within the Executive division for the total organization. The total Department in the past five years, number of personnel is below that of the 1991/92 fy. No. 6: There are no CIP projects The City currently has one vacant site for a new Public Comments approved for the Fire Department for fire station -- Buena Vista. However, there is no fy 1995/96. funding available for staffing and equipment. Once the results of the joint City/County study are in, staff will begin analysis of the recommendations to determine the feasibility of additional resources. Funds have been earmarked in Council Contingency for upgrades to the joint communications center in the amount of $163,000. Because capital outlay funding was appropriated to construct a wall at Fire Station #2, this item was not funded as a CIP project. During the fy 1994/95, CIP funding was approved to retrofit Fire Station #2 and to construct a permanent Fire Station #13; as well as approval to purchase four engine trucks. 2 MEMORANDUM MAY 25, 1995 TO: ALAN TANDY, CITY MANAGER i_x l/ FROM: GREGORY J. KLIMKO, FINANCE DIRECTOR//~/'''' SUBJECT: FISCAL YEAR 1995/95 BUDGET WORKSHOP QUESTION/RESPONSES Below is the detail of the Federal, State and County Entitlement Revenues requested by Councilmember Carson. General Fund State Motor Vehicle In-Lieu Tax $7,200,000 State Homeowner Subventions 350,000 State Reimbursements Police Officers Standards Training (POST) 75,000 S.B. 90 - Mandated Reimbursements 50,000 125,000 Other Grants: Federal C.O.P.S. AHEAD 252,180 State Vehicle Anti-theft Program(SB2139) 75,000 County Miscellaneous Payments 5,000 332,180 Total General Fund $8,007,180 Community Development Block Grant Fund Community Development Block Grant: Current Year Entitlement $2,953,000 Prior Year Entitlement 118,475 $ 3,071,475 HUD Emergency Services Grant (ESG) 91,000 County Share - Employers Training Resources 9,000 HUD Home Program 974,000 Total CDBG Fund $4~145~475 ALAN TANDY MAY 25, 1995 PAGE TWO Intermodal Surface Transportation Efficiency Act Fund (ISTEA) Surface Transportation Program (STP) $1,019,200 Transportation Enhancement Activity (TEA) 272,000 Congestion Mitigation & Air Quality (CMAQ) 728,300 Highway Bridge Replacement & Rehabilitation (HBRR) 30,800 Total ISTEA Fund ~ Street and Road Transportation Fund (TDA) Bikeway/Pedestrian Pathway $ 90,000 Gas Tax Fund State Gas Tax $3,300,000 State and Local Transportation Partnership Program (SLTPP) 828,000 Total Gas Tax Fund $4,128,000 Refuse Fund County Grant - Drop Off Program $ 40,000 Airpark Fund Federal Aviation Administration (FAA) - Clear Zone Acquisition $1~ 151~200 krc MGJK. 17 BAKERSFIELD MEMORANDUM May 23, 1995 TO: HONORABLE MAYOR AND CITY COUNCIL FROM: GA ITERS, ASSISTANT CITY MANAGER SUBJECT: MAY 22, 1995 BUDGET WORKSHOP RESPONSE · Question: What are the issues regarding the emergency fuel needs of the Fire Department? (DeMond) Response: During the 1994/95 budget year the Public Works Operations Manager was given responsibility of coordinating all fuel-related issues for the City. He is currently working with the Fire Department in addressing these issues and coming up with a reasonable strategy that will accommodate the Fire Department's needs. A number of issues need to be addressed prior to a decision being made regarding placement and construction of fuel tanks, such as: · The cost/benefit of having additional city-owned fuel tanks, rather than accessing local gas stations or fuel distributors. · Determining whether above-ground or underground fuel tanks are the most acceptable and/or environmentally safe. · Identifying the potential liability factors. · Assessing whether to maintain the current locations or reassess their placement. Currently there are five located at fire stations #1, #3, #6, #9, #10, and one at the Corporation Yard. · In addition to the above-mentioned locations, the Fire Department has a 110 gallon fuel truck and the Equipment Division has one 500 gallon and one 200 gallon fuel trucks. Fuel trucks are also available from fuel distributors for emergency situations. MEMORANDUM "WE CARE" DATE: MAY 24, 1995 TO: ALAN TANDY, CITY MANAGER FROM: MICHAEL R. KELLY, FIRE CHIEF~ SUBJECT: 1995-96 BUDGET WORKSHOP RESPONSE Below is a comparison of the 1994-95 budgeted and actual personnel overtime and the 1995-96 proposed budget for same: Budget Expended* Proposed 1994-95 1994-95 1995-96 3011-521 $1,495 $2,510 $1,500 Administration 3021-523 $21,706 $18,852 $24,218 Prevention 3021-524 $1,506 $308 $1,300 Environmental 3021-525 $15,574 $41,027 $16,442 Communications 3021-526 $1,221 $28 $1,289 Maintenance 3031-527 $360,008 $384,032 $425,000 Suppression 3031-528 $3,114 $10,761 $3,614 Training * Actual expenditures as of April 30, 1995 4.5 remaining pay periods in 1994-95. The Administration overtime exceeded the Budget due to personnel shortages and the learning curve associated with the HTE computer conversion for the budgeting module. Communications exceeded its budgeted overtime due to vacant positions. Suppression and Training exceeded their overtime because of employee shortages due mainly to extended sickleave, industrial injuries and vacant permanent positions. Page -2- May 24, 1995 Our academy is graduating May 26; this will add a total of fourteen (14) Firefighters to our Suppression force which should decrease our overtime in June. We estimate our total overtime to be $410,000 for the 1994-95 fiscal year in the Suppression Division. We experienced an unusual year in the number and longevity of injuries'. As a note, we have not had 'any significant overtime expenses for a large emergency this fiscal year. The 1994-95 Suppression overtime was for eleven fire stations. We will have twelve stations in 1995-96. MRK/kec MBMO\K~LLY\WORKSHOP.RES BAKERSFIELD MEMORANDUM /.M~ 24, 1995 TO: ALAN TANDY, CI~AGER ~./ / FROM' ,JOHN W. STI'NSON, ASSISTANT ClTY MANAGER SUB,JECT: RESPONSE TO BUDGET WORKSHOP QUESTION This memo is in response to the question regarding my responsibilities once the Human Resources Manager position is filled. The primary responsibility of the Human Resources Manager would be the day-to-day management and direction of the Human Resources Division. I would still oversee the general activities of the division and would continue to be involved directly in appeals of disciplinary matters, labor negotiations (we will have Management, General Supervisory, Fire and Miscellaneous negotiations within the next six months), overseeing the work of the health care consultant with the Joint City/Employee Insurance Committee (provider renewals and retiree medical insurance which will involve meetings with retirees and union representatives), overseeing selection of outside consultants (City Physician and Police Psychologist are up for renewal - Request for Proposals, the selection process, interviews and contracts must be prepared). I will be involved in any serious personnel matters which may occur, particularly those which may involve potential litigation. I will perform other duties typical of a department head overseeing a division such as personnel matters, budgeting and long-range planning. I would also continue my management and oversight of the Risk Management Division in a similar manner. This would include overseeing the transition to an outside claims administrator for worker's compensation. I also review claims settlement documents and will continue our efforts to provide better claims information to City management and the City Council. I am working with the City Attorney to improve communication and tracking of liability claims, particularly those which become litigated. This is to assess potential costs to the City and monitor our claims history for signnificant trends. In addition to these duties, I would continue to perform the following tasks within the City Manager's Office: · Council Committee Staffing I currently staff the Intergovernmental, Personnel, and Community Services Council Committees. This involves preparing agendas, coordination of department staffs on agenda items, and preparing minutes and reports resulting from committee meetings. · Permit Streamlining I continue to make sure the recommendations from the report ~re tracked regarding staff follow-up and implementation. This involves meeting with departments to make sure implementation and processing required Ordinance changes is occuring. Progress reports to Council are also my responsibility. ALAN TANDY, CITY MANAGER May 24, 1995 Page -2- · City Council Agenda Preparation I currently share this assignment with you and Gail. This involves the complete review of each agenda and working with the City Clerk, City departments and the City Attorney's Office to make required changes prior to the submittal of the agenda to the City Council. It also requires the preparation of the "Agenda Highlights" memorandum. · Booking Fee Agreement I am working closely with the Police Department, and the County, to resolve this issue. It will involve meeting with the County and the preparation of the proposed agreement for a flat fee amount. · Property Tax Split I am working with other cities, and the County, reviewing the tax split figures and assisting you with negotiations. I am also negotiating tax splits for annexations in process with the County Administrative Office. This involves significant analysis and communication of budgetary and cost figures for all Kern County cities and the County. · Park Development Fees I am working with North Bakersfield Recreation and Park District regarding the issue of park development fees in newly developing areas. This will involve analysis and research with the Development Services and Community Services departments and discussions with the Recreation and Park District and Kern County to accomplish equity in the fee. · Human Resources Streamlining I am beginning this project to streamline the Human Resources Division to make it more responsive to City departments. This will require liason with department heads, unions, Civil Service Commissions, and a special committee. Recommended implementation will involve significant work with the City Attorney's Office to prepare appropriate revisions to memorandums of understanding, administrative rules and ordinance preparation. There will also be ongoing committee and Council communication. · Emergency Medical Care Advisory Board I am the appointed representative of the Kern County City Manager's Association on this County-wide board dealing with ambulance regulation and emergency response. This includes the involvement of Police and Fire personnel in emergency medical responses. · Intergovernmental Relations I continue to spend time working with other Kern County cities to develop good working relationships and to discuss common issues. This includes attending Ci~ty Manager and Kern County Association of Cities meetings and performing analysis of current issues. Recently, I assisted the City of Delano in communicating the impacts of the tax split issue to their City Council. ALAN TANDY, CITY MANAGER May 24, 1995 Page -3- In addition to these specific tasks, I respond to numerous Councilmember requests for information or assistance such as student tours, attending public meetings, speaking engagements on behalf of the City (I will be presenting the State of the City Address with the Mayor), and other typical support functions. These are current and projected assignments. As you are aware, new issues and priorities develop and different or additional projects are anticipated based on the needs of the office. .jws BAKERSFIELD MEMORANDUM May 25, 1995 TO: ALAN TANDY, CITY MANAGER FROM'.~.B. TEUBNER, ASSISTANT TO THE CITY MANAGER SUBJECT: HISTORY OF EXECUTIVE PERSONNEL COMPLEMENT Attached is a brief history of the Executive Department's personnel complement from FY 91-92 to FY 95-96, in response to Councilmember Salvaggio's questions. The attached list provides narrative detail for all increases and decreases in personnel in each division of the Executive Department. if you need any additional information, please let me know. HISTORY OF COMPLIMENT CHANGES FOR THE EXECUTIVE DEPARTMENT FY 91-92 ADOPTED THROUGH FY 95-96 PROPOSED DIVISION # OF EMPLOYEES City Manager FY 91-92 7.95 FY 92-93 7.95 FY 93-94 6.28 In this fiscal year, J. Stinson was reclassed to Asst. City Manager and reallocated 1/3 of his time to each of 3 divisions. An Internal Auditor positi n was deleted and an Acct. I position was transferred to Finance. Also, a second Asst. City Manager position was added. FY 94-95 6.28 In this fiscal year, a vacant Budget Analyst position was deleted and the Asst. to the City Manager position was reinstated. FY 95-96 6.28 Human Resources FY 91-92 7.00 FY 92-93 8.00 In this fiscal year, the Benefits Coordinator position was transferred to H.R. from the Risk Management Division. FY 93-94 7.33 In this fiscal year, the H.R. Manager position was deleted and 1/3 of J. Stinson was allocated to H.R. FY 94-95 8.33 In this fiscal year an additional secretary position was added to assist with increased workload. FY 95-96 9.33 In this fiscal year, it is proposed that the H.R. Manager position be reinstated to deal with increased workload. Risk Management FY 91-92 6.00 FY 92-93 5.00 In this fiscal year, the Benefits Coordinator ~position was transferred out of Risk Management to the Human Resources Division. FY 93-94 4.34 In this fiscal year, a Clerk-Typist position was deleted and 1/3 of J. Stinson was allocated to this Division. FY 94-95 4.34 FY 95-96 3.34 In this fiscal year, it is proposed that the Worker's Comp. Coordinator position be deleted due to contracting out for Worker's Comp administration. City Clerk FY 91-92 7.00 FY 92-93 7.00 FY 93-94 7.00 FY 94-95 7.00 FY 95-96 7.00 Data Processing FY 91-92 7.00 In this fiscal year, a Technician position was added. FY 92-93 7.00 FY 93-94 7.00 FY 94-95 8.00 In this fiscal year, the MIS Manager position was added as part of the reorganization of this Division. FY 95-96 8.00 9:1 7 AM5125195EXC3.XLS CITY OF BAKERSFIELD Personnel by Division ': ::i:.::::;::.::? . ':' ':. '::':::i: : :::::i!:.:ii:!iiii!;:.:..i~:.::.~Abth°rized AUthb?'iz~idi:':A~th:~rized .ii ::;...: :.: ?'i:::::: :: Administrative Services 10.05 10.05 10.05 8.00 8.00 8.00 Suppression Services 169.00 170.00 170.00 166.00 165.00 171.00 Safety Services 13.95 13.95 13.95 13.00 13.00 12.00 Support Services 10.00 10.00 10.00 9.00 9.00 9,00 Fire Services 203.00 204,00 204,00 196.00 195.00 200,00 Engineering Services 49.60 50.60 51.60 50.52 52.52 52.52 General Services 52,39 53.39 53.39 48.96 50.25 50.25 Streets 57.25 57,25 57.25 55.33 52.44 53.44 Equipment 49,25 49.25 49.25 46.30 46.25 46.25 Wa stewate r 27.51 27.51 27.51 27.56 27,54 27.54 Solid Waste 59.34 59,34 59.34 58.33 53.10 53.10 Public Works 295,34 297.34 298.34 287.00 282.10 283.10 Ag ric u Itu ral Water 18.13 18.13 18.13 16.44 16.45 16.45 Domestic Water 2,53 2.53 2.53 2.23 2.45 2.45 Water Resources 20.66 20.66 20.66 18.67 18,90 18.90 Parks 62.66 62.66 62.66 58.67 59.67 61.67 Recreation 8.67 9.67 9.67 9.67 9.67 9.67 Convention Center 18.67 19.67 19.67 17.67 17.67 17.66 Community Services 90.00 92.00 92.00 86.01 87.00 89.00 Planning 21.00 21.00 21.00 19.50 19.50 19.00 Building 30.00 32.00 32.00 30,50 31.50 34.00 Planning/Building 51,00 53.00 53.00 50.00 51.00 53,00 CITY OF BAKERSFIELD Personnel by Division · i';¥':':::.ii:;i:-i'':~: :?:!!:. !;::.: 'ii.i: ?:/::;:'i ';"i ~::!::':' ': ii~Adthbriz~d;!:: :Auth:brized~:.i:~::AdthOri2ed;:.::: AUth0riZ~d ~ AUth~:ti2~d pr~p~'~d : Community Development 9.60 9.60 9.60 8.60 9.60 9.60 Eoonomic Development 7.45 7.45 7.45 6.45 6.45 6.45 Community/Econornic Dev. 17.05 17.05 17.05 15.05 16.05 16.05 Total Employees 1,077.00 1,096.00 1,099.00 1,060.73 1,073.00 1,092.00 FY 1995/96 DEPARTMENT BUDGET PRESENTATIONS QUESTIONS/RESPONSES Date: May 22, 1995 Question Response Councilmember No. 3: What State and Federal entitlement Carson revenues does the City receive; how much from each source; and how is it allocated in each department's budget? No. 4: What is the status on progress of DeMond City fuel needs assessment? No. 5: What was budgeted for Fire McDermott Department personnel overtime in FY 94-95 versus the actual year-to-date expenditures for FY 94-95 and the proposed budget amount for overtime for FY 95-967 No. 6: What will be Assistant City Manager Salvaggio Stinson's duties and responsibilities once the Human Resources Manager is hired? No. 7: What are the changes in the Salvaggio Executive Department's complement list over the past five years? BAKERSFIELD MEMORANDUM May 22, 1995 TO: . DEPARTMENT HEADS FROM: ALAN TANDY, CITY MANAGER ~ '~ '~'-~ SUBJECT: FISCAL YEAR 1995/96 BUDGET WORKSHOP QUESTIONS/RESPONSES The following questions posed by the City Council during budget workshop sessions requires a response from your department. Responses are to be in memo form and forwarded to my office not later than the Thursday proceeding the workshop in question. All responses will be forwarded to the Council in their Friday packet. If you have any questions or need clarification, do not hesitate to ask. Responses to budget inquiries must be immediate! Wednesday, May 22, 1995 Finance: Provide detail of what State and Federal entitlement revenues does the City receives, how much from each source and how it is allocated in each department's budget. (Carson) cc: Gail Waiters Dolores Teubner BAKERSFIELD MEMORANDUM TO: DEPARTMENT HEADS 'r'''. ''' : ' ' FROM: ALAN TANDY, CITY MANAGER ~ . SUBJECT: FISCAL YEa, R 1995/96 BUDGET WORKSHOP QUESTIONS/RESPONSES The f°llowing questions posed by the City Council during budgot'workshopse~qions requires a response from your department. Responses are to bo in memo form and forwarded to my office not later than the Thursday proceeding the workshop'in quo~on. All responses will be forwarded to the Council in their Friday packet. If you have any questions or need clarification, do not hesitate to ask. Responds to budget inquiries must be immediate! Wednesday, May 22, 1995 Executive: Provide a status report on progress of City fuel needs.assessment requested from the Equipment Division with the assistance-of the Fire Department. (DeMond) cc: Gail Waiters Dolores Teubner BAKERSFIELD MEMORANDUM May22,1995 TO: DEPARTMENT HEADS FROM: ALAN TANDY, CITY MANAGER~'~/ SUBJECT: FISCAL YEAR 1995/96 BUDGET WORKSHOP QUESTIONS/RESPONSES The following questions posed by the City Council during budget workshop, sessions requires a response from your department. Responses are to be in memo form and forwarded to my office not later than the Thursday proceeding the workshop in question. All responses will be forwarded to the Council in their Friday packet. If you have any questions or need clarification, do not hesitate to ask. Responses to budget inquiries must be immediate! Wednesday, May 22, 1995 Fire Department: Provide a comparison of what was budgeted for Fire Department personnel overtime in FY 94-95 versus the actual year-to-date expenditures for FY 94-95 and the proposed budget amount for overtime for FY 95-96. Provide narrative detail of any increases or decreases. (McDermott) cc: Gail Waiters Dolores Teubner BAKERSFIELD MEMORANDUM .. May 22,.;1995 TO: DEPARTMENT HEADS ..........:....: .,'..~. ~ .- FROM: ' ALAN TANDY, CITY MANAGER~ ~ ~"T' ."" ' . SUBJECT: FISCAL YEAR 1995/96 BUDGET WORKSHOP QUESTIONS/RESP~)NSES- The following questions posed by the City Council during budget workshop Sessions requires a response from your department. Responses are to be in memo form and forwarded to my office not later than the Thursday proceeding the workshop in question. All responses will be forwarded to the Council in their Friday packet. If you have any questions or need clarification, do not hesitate to ask.- Responses to budget inquiries must be immediate! Wednesday, May 22, 1995 Executive: Provide detail of what Assistant City Manager Stinson's duties and responsibilities will be once the Human Resources Manager, is hired. (Salvaggio) cc: Gail Waiters Dolores Teubner BAKERSFIELD MEMORANDUM May 22, 1995 TO: DEPARTMENT HEADS FROM: ALAN TANDY, CITY MANAGER'~/~ ~'¢ 74T SUBJECT: FISCAL YEAR 1995/96 BUDGET WORKSHOP QUESTIONS/RESPONSES The following questions posed by the City Council during budget workshop sessions requires a response from your department. Responses are to be in memo form and forwarded to my office not later than the Thursday proceeding the workshop in question. All responses will be forwarded to the Council in their Friday packet. If you have any questions or need clarification, do not hesitate to ask. Responses to budget inquiries must be immediate! Wednesday, May 22, 1995 Executive: Provide a narrative explanation for the changes in the Executive Department's compliment list over the past five years. (Salvaggio) cc: Gail Waiters Dolores Teubner FY 1995/96 BUDGET WORKSHOP QUESTIONS/RESPONSES Date: May 17, 1995 Question Response Councilmember No. 1: What is being done with the fencing Staff will have to investigate the options further. A DeMond around the City's Corporation Yard? preliminary review of the project suggested that trees, shrubs, fencing and irrigation would be needed. However, there may be a need to make improvements to the canal bank to accommodate the fencing, as well as an assessment of additional sidewalk. No. 2: What was the personnel Some fluctuations resulted from streamlining efforts, as Salvaggio complement for each department prior to well as general reorganizations. Several departments are the budget cuts of 1993/947 currently below the 92/93 level, due to budget cuts (instead of streamlining efforts). However, because of gains and losses citywide, the proposed total complement for 1995/96 is only seven below that of 1992/93. CITY OF BAKERSFIELD Personnel by Division · i :::.: : :.i ~i::i : :.i: ."" ': i:i' ::Adthorized .iAUth°ri~ed: 'Authbi~i~d Mayo r 1.00 1.00 1.00 1.00 1.00 1.00 General Government 1.00 1.00 1.00 1.00 1.00 1.00 City Manager 7.95 7.95 7.95 6.33 6.28 6.28 City Clerk 7.00 7.00 7.00 7.00 7.00 7.00 Human Resources 7.00 7.00 8.00 7.33 8.33 9,33 Risk Management 5.00 6.00 5.00 4.34 4.34 3.34 Data Processing 6.00 7.00 7.00 7.00 8.00 8.00 Executive 32,95 34.95 34.95 32.00 33.95 33.95 Finance 28.00 28.00 28.00 0.00 0,00 0,00 Administration 3.00 3,00 4,00 Accounting and Reporting 13,00 14.00 14.00 Treasury 7.00 7,00 8.00 Purchasing 3.00 3.00 3,00 Financial Services 28.00 28.00 28.00 26.00 27.00 29.00 Legal Counsel 14.00 15.00 16.00 16.00 16.00 16.00 City Attorney 14.00 15.00 16,00 16.00 16.00 16.00 Administrative Services 52.00 55.00 55.00 58.00 15.00 15.00 Operations 216.00 221.00 222.00 215.00 223.00 229.00 Investigations 56.00 57,00 57.00 60.00 61,00 62.00 Support Services 0.00 0.00 0.00 0.00 46.00 46,00 Police Services 324.00 333.00 334.00 333.00 345.00 352.00 CITY OF BAKERSFIELD Personnel by Division .... '::: :::i: : Pr°qr~:ms :';: :: i: :::: ~ ~ii ~: ~: ': i:~9'0:~91 :'::. Administrative Services 10.05 10.05 10.05 8.00 8,00 8.00 Suppression Services 169.00 170.00 170.00 166.00 165.00 171.00 Safety Services 13.95 13,95 13.95 13.00 13.00 12.00 Support Services 10,00 10.00 10.00 9.00 9.00 9.00 Fire Services 203.00 204.00 204.00 196.00 195.00 200.00 Engineering Services 49.60 50.60 51.60 50.52 52.52 52.52 General Services 52.39 53.39 53.39 48.96 50.25 50,25 Streets 57.25 57.25 57,25 55.33 52.44 53.44 Equipment 49.25 49.25 49.25 46.30 46.25 46.25 Wastewater 27.51 27.51 27.51 27.56 27.54 27.54 Solid Waste 59,34 59.34 59.34 58,33 53.10 53,10 Public Works 295,34 297.34 298.34 287.00 282,10 283,10 Ag ric u Itu ral Ware r 18.13 18.13 18.13 16.44 16,45 16.45 Domestic Water 2.53 2.53 2.53 2.23 2.45 2.45 Water Resources 20.66 20.66 20.66 18.67 18.90 18.90 Parks 62.66 62.66 62.66 58.67 59.67 61.67 Recreation 8.67 9.67 9.67 9.67 9.67 9.67 Convention Center 18.67 19.67 19.67 17.67 17.67 17.66 Community Services 90.00 92.00 92.00 86.01 87.00 89.00 Planning 21.00 21.00 21.00 19.50 19.50 19.00 Building 30.00 32.00 32.00 30.50 31.50 34.00 Planning/Building 51.00 53.00 53.00 50.00 51.00 53.00 CITY OF BAKERSFIELD Personnel by Division "::.i:..: '!'"'::";: ?. i :: '::i~.:i::?:.:.:.: ::' i. ::::i:i ..: : '.:':i'~:.i ~'A~th~'rized''.. :AUth'~:riz~:d ~!:AUth°tiZed i: :i!i:::i:Auth0~i~d · :.i: :;:::: :::::i ~:':..: ;:.': P ~C~ q fa m s: :;::. :: i;:; .'. :;;!::::.;i::; :::: ::::~i:~:~:~:§:~i:!ii;: .':..:: :1 :'91~ i:: ~gi~ ~::~: :::~:i ~::~9~:~::9:~: ::: ~::99:3:~ 19~; ~: ~: i i ::i:: ~ ?: ~: ~ii:~:§:~:.!!i !i:.~:i i~. Community Development 9.60 9.60 9.60 8.60 9.60 9.60 Economic Development 7.45 7.45 7.45 6.45 6.45 6.45 Community/Economio Dev. 17.05 17.05 17.05 15.05 16.05 16.05 Total Employees 1,077.00 1,096.00 1,099.00 1,060.73 1,073.00 1,092.00 MEMORANDUM April 14, 199§ TO: JOHN STINSON, ASSISTANT CITY MANAGER FROM; PAMELA McCARTHY, ASSISTANT CITY CLE~. ~~ This is in response to your question regarding the impact of the postage rate increase on the fee charged for the Agenda/Minute Mailing Service. Currently the postage rate for 2 ounces (average mailing) of First Class ma~ is 50.4 cents (pre-sort rate). This increased from the former postage rate of 47.8 cents (2.6 cents). As you can see postage is a relatively small portiofl of the cost of mailing and the postage increase was not significant enough to warrant an increase in the $3.00 charge. If you need any additional information regarding this matter, please contact me. :pm cc: Gall Waiters, Assistant City Manager MANAG ER~STINSON . MEM · · · · ee · e~l-e el . · · ee eee · · e! DRAFF March 3, 1995 ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 8.44 OF THE BAKERSFIELD. MUNICIPAL CODE RELATING TO FIREWORKS. BE IT ORDAINED by the Council of the City of Bakersfield as follows: SECTION 1. Chapter 8.44 of the Bakersfield Municipal Code is hereby amended to read as follows: Chapter 8.44 FIREWORKS Sections: 8.44.010 Definitions. 8.44.020 permit required. 8.44.030 Application - Issuance - Fee. 8.44.040 Regulations. 8.44.050 Revocation. 8.44.060 Appeal. 8.44.010 Definitions. Whenever used in this chapter, unless a different meaning clearly appears from the context, the words set out in this section shall have the following meanings: A. "Person" means any individual, partnership, corporation or association of any nature whatsoever. 8.44.020 Permit required. It is unlawful for any person to sell or offer for sale or expose for sale within the city any fireworks in violation of this chapter or without having a valid permit therefor in accordance with the provisions of this chapter. 8.44.030 Application - Issuance - Fee. A. A permit for the sale of safe and sane fireworks may not be issued applicants unless they meet the following qualifications: March 3, 1995 1. A nonprofit organization or corporation organized and existing primarily for veteran, patriotic, religious, welfare, charitable or civic-betterment purposes, organized and established in the City at least one year prior to the filing of application for permit under this chapter and having a bona fide membership of at least thirty-five members; provided: 2. Retail (for profit) business establishments which have, for a period of at least one year prior to the filing of an application for permit under this chapter, held a valid business tax certificate issued by the city under Chapter 5.02 of this code; provided, no such permit shall be issued to any such retail business establishment unless such establishment was issued a permit the previous year. 3. Any entity which held a permit issued by Kern County for a particular location the previous year, which location was subsequently annexed to the City within the past year, shall be treated as if it had held a permit from the City for purposes of this section. 4. A permit shall not be issued unless the person, applying for the permit has first obtained a permit or license from the State Fire Marshall under Part 2, Division 11 of the Health and Safety Code of the state. B. All recipients of Fireworks permits except those specifically exempted in paragraph C herein, shall be selected by a drawing (by lot) conducted by the City Manager or his/her designee. C. The total number of fireworks permits to be issued shall not exceed one permit per 4,000 population, or portion thereof, in the City of Bakersfield, as set forth in the annual report of the State Department of Finance; but not less than fifty. Provided, however, any person applying for a fireworks permit who had such a permit in 1994 and also in the previous year shall be issued a permit if otherwise qualified without being included in the drawing, notwithstanding the fact that such issuance may increase the number of permits to more than that allowed herein. D. Applications for Fireworks Permits shall be submitted after March 15th and before May 15th of each year. No applicatiOns shall be accepted nor processed by the City after May 15th of each year. E. Applications for Fireworks permits shall be made on forms to be furnished by the city manager or his designee, shall'be signed under penalty of perjury by the applicant and shall require · ' March 3, 1995 the following information and documents: 1. The name, address and telephone number of the nonprofit organization or retail business establishment for which application is made; 2. The applicant's business tax certificate number if it is a retail business establishment, and the name and address of all owners of such business; 3. The location of the proposed fireworks sales; and 4. The purpose of the nonprofit organization or corporation, its principal and permanent meeting place; the approximate date of its establishment in the city; the total number of its local membership; the names and addresses of its officers. 5. A plot plan drawn to scale, showing the location of the temporary fireworks stand, utilities, location of permanent and temporary structures, curb cuts and/or driveways and identifying the nearest available sanitary facilities, and fire hydrants; 6. A written authorization from the owner of the location or person in lawful possession thereof, if other than the applicant, for the locating of the business upon his or her property. 7. Evidence, satisfactory to the city manager or his designee, of (1) general liability insurance providing coverage on an occurrence basis for bodily injury, including death of one or more persOns, property damage and personal injury, with limits as required by the city; and (2) workers' compensation, with statutory limits and employers liability insurance with limits as required by the city. All policies required of the'applicant hereunder shall be primary insurance as to the city, its mayor, council, officers, agents, employees and volunteers and any insurance or self- insurance maintained by the city, its mayor, council, officers, agents, employees and volunteers shall be considered excess insurance, over and above the applicant's insurance and shall not contribute with it. The applicants shall save, ~hold harmless and indemnify the city, its officer, agents, employees and volunteers from all claims, demands, damages, judgments, costs or expenses in law or equity that may at any time arise from or is anY way related to any work performed by applicant, his agents or employees under the terms of any permit issued under this chapter. March 3, 1995 8. Cash bond in the sum of one hundred dollars, to be forfeited to the city in the event the permittee fails to remove said stand, equipment and rubbish from the premises upon which the stand is located before twelve noon on July 15 of the year for which said permit is granted. The cash bond shall be returned to the applicant upon full performance of the requirements of this chapter. 9. Approval from the Public Works Department of the City that operation of the Fireworks stand at the proposed location will not present any substantial hazard to vehicular or pedestrian- traffic. F. Location of temporary stands may.not be changed after an application is filed except as required by the city, or where there is evidence of change in property ownership or management and prior approval or consent has been revoked by the new owners or managers. G. No one organization or business may receive more than one permit for fireworks sales during any one calendar year. I. All permits issued under this chapter shall remain in effect from noon on July 1 to noon on July 5 unless earlier suspended or revoked. J. The applicant shall pay a fee not to exceed the cost of processing any such application and inspecting such business as set forth in Section 3.40.070. K. 'Permits may be issued with conditions to ensure that the business will be operated in a safe and legal manner, will not disturb the peace and quiet of the neighborhood and will not constitute an undue burden on city resources. 8.44.040 Requlations. A. Those fireworks which are'classified as "dangerous fireworks" under Section 12505 of the California Health & Safety Code are prohibited, except that such fireworks as are defined and classified as "safe and sane fireworks" in Section 12529 of the California Health and Safety Code may be displayed, sold and used pursuant to the provisions of this chapter and not otherwise. B. No permit holder shall shout, make any outcry, blow a horn, ring a bell or use any other sound device including any loudspeaker, radio or amplifying system where sound of sufficient volume is emitted or produced therefrom capable of being plainly - 4 - March 3, 1995 heard upon the streets, alleys, parks or other public places. C. Any permit issued pursuant to this chapter shall be non-transferrable, and shall be valid only as to the applicant and location provided on the application for such permit. D. E~cept as expressly permitted by and in accordance with the provisions of Chapter 12.44 of this code, the sale, ~offer to sell, advertising or display of merchandise on any street or sidewalk in the city is prohibited. E. All retail sales of safe and sane fireworks shall be permitted only from a temporary fireworks stand and the sale from any other building or structure is prohibited. F. No fireworks stand shall be located within one hundred feet of any gasoline storage or gasoline pump or any garage or within thirtY feet of any other building, or within six hundred feet of any other fireworks stand. G. Fireworks stands need not comply with the provisions of the building code of the city except that the building official shall have authority to require that stands be constructed in a manner~which will reasonably insure the safety of attendants and patrons. H. Fireworks stands shall be located only in a C-1 zoning district or a zoning district less restrictive than C-l, unless located upon property owned and occupied by a church and/or school, which church or school is either a legal or legal nonconforming use of such property, and the fireworks stand is located no less than three hundred feet (300') from the property line of any residence. I. All temporary stands for the display and sale of fireworks'shall obtain an electrical permit from the city building department. J. If a toilet is not immediately available during all open or sale hours of the fireworks stand, then an approved chemical one must be provided. K. Each'stand in excess of twenty-four feet in length must have at least two exits. Each stand in excess of forty feet in length must have at least three exits. L. Each stand shall'be provided with not less than two 2A 10 BC-type fire extinguishers, underwriter approved, in good working order and easily accessible for use in case of fire. -- 5 -- March 3, 1995 M. No person shall light, or cause or permit to be lighted, any 'fireworks or any other article or material within any such stand, or within fifty feet thereof. N. No smoking Shall be allowed in any stand, nor within fifty feet thereof. "No Smoking" signs shall be prominently displayed. O. All weeds and combustible material shall be cleared from the location of the stand, including a distance of at least twenty feet surrounding the stand. P. There shall be at least one adult in attendance during the open or sale hours of the fireworks stand. No minor under the age of eighteen shall be permitted in a stand. Q. All permits must be posted in a conspicuous place. ~R. Fireworks shall be sold only between the hours of twelve noon, July 1st, to twelve noon on July 5th. S. Permittee shall strictly comply with all provisions of the State Fireworks Law (Sections 12500 et seq. of the Health and Safety Code). T. The fireworks stand shall be removed from the temporary location by twelve noon on July 15th, and all accompanying litter shall be cleared from said location on or before said time. U. Night watchman accommodations shall not be closer than twenty-five .feet from the fireworks stand. V. No fireworks_shall be placed in any fireworks stand until a permit for such stand has been issued by the citY. W. Any person who receives a notice to correct any violation of these regulations or any other condition~ of the permit, and who fails to correct such violation within the time prescribed in the notice, may be assessed a fee not exceeding the city's cost of reinspection in accordance with Section 3.70.040 of this Code. 8.44.050 Revocation. Any permit 'issued pursuant to this chapter shall be immediately revoked by the city manager or his designee whenever he finds: / - 6 - DRAFT March 3, 1995 A. That misrepresentations were made on the application; or B. That any of the terms or conditions of said permit have been violated, or that the business has been operated in violation of local, state or federal law. 8.44.060 Appeal. A. Should any applicant be dissatisfied with the decision of the city manager or his designee not to grant a permit or to revoke a permit, then said applicant may, no 'later than ten days after notice of such'decision is deposited in the United States mail, addressed to the applicant or permittee at the address provided on the application, make written objection to the city council setting forth the grounds for dissatisfaction, whereupon the council shall hear said objections at a regular meeting no later than three weeks following the filing of the objection with the city clerk. The applicant shall be given written notice no less than three days prior to said hearing. The council may, upon said hearing, sustain, suspend or overrule the decision of the city manager or his designee, which decision shall be final and conclusive. B. Pending the hearing before the council, the decision of the city manager or his designee shall remain in full force and effect and any reversal thereof by the city council shall not be retroactive but shall take effect as of the date of the council's decision. SECTION 2. This Ordinance shall be posted in accordance with provisions of the Bakersfield Municipal Code and shall become effective thirty (30) days from and after the date of its passage. o0o - 7 - I HEREBY CERTIFY that the foregoing Ordinance was passed and adopted by the Council of the City of Bakersfield at'a regular meeting thereof held on , by the following vote: CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED BOB PRICE MAYOR of the City of Bakersfield APPROVED as to form: JUDY K. SKOUSEN CITY ATTORNEY By: LAURA C. MARINO Assistant City Attorney JKS/meg ORD 95-1 \FIRkAVRK4 .ALT March 3, 1~5 - 8 - Debra L~. Johnston, RN, MSN Family Nurse Practitioner S. A. R. T. Coordinator Bakersfield Memorial Hospital 420 34th Street P.O. Box 1888 /Bakerstield, CA 93303-1888 Telephone: (805) 327-4847, Ext. 3140 Voice Mail: (805) 6Sl-7818 Community Need Community Support Prior to 1994, Bakersfield did not have a coordinated ~ ~ Our trained staff are now providing this service to program to meet the unique needs of sexual assault If you are sexually assaulted, the women and men who fall victim to sexual and rape victims -- local hospitals were simply not we want to help you. assault. However, there are still many opportunities prepared to diagnose and treat victims of sexual for community support of the SART program. assault in their emergency rooms. Call the police and ask them to take you to Bakersfield Memorial Hospital. Funding is needed for those nurses who are willing As a result, 30 percent of reported rape cases in Kern ~ J/ to be trained as Sexual Assault Nurse Examiners. County did not proceed to trial due to inadequate Those already trained need ongoing education to evidence collection, keep up with advances in medical treatment and evidence collection. To address this problem, agencies around the county developed the Sexual Assault Response Team If you or your organization would like to support (SART) at Bakersfield Memorial Hospita!. Trained Staff the SART program, please contact Debbie Johnston, The SART program employs certified Sexual Assault SART Program Coordinator, at 3274647, extension Nurse Examiners who are on call 24 hours a day. 3140 or Debbie Touchstone, Nurse Manager, at 327- What Is SART? c~ These nurses are specially trained to provide proper 4647, extension 3173. SART (Sexual Assault Response Team) is designed medical treatment, perform forensic examinations, to help victims of sexual assault and to collect the and give courtroom testimony. Follow up exams are also conducted by the nurses provide comparison Commitment ,~ proper information and evidence needed to pros- ecute individuals who commit rape and sexual evidence and treatment. Since opening in 1956, Bakersfield Memorial Hospi- assault, tal has had an ongoing commitment to the health of women and children. We continually look for new SART is a coordinated effort involving: Privacy ways to improve and expand our services in this area .The Medical Community ' In addition to special staff, this unique program uses and to address the needs of our community. Law Enforcement a dedicated medical treatment room with a separate The District Attorney entrance for the victims. In this private area, coun- We are pleased to provide the needed facilities for Alliance Against Family Violence seling and medical treatment are the top priority, the city's Sexual Assauk Response Program. Rape in America · Every single minute in America, there are 1.3 forcible rapes of adult women; 78 women are forcibly raped each hour. One out of every eight adult women, or at least 12.1 million American women, has been the victim of forcible rape. · Women under the age of 18 account for more than six out of 10 rape cases (61%). ·police.Only 16 percent of rapes are ever reported to the One in three women and one in 10 men will be sexually assaulted at some point in their lives. Rape in Bakersfield ~ Approximately 200 forcible rapes of adult women and 600 child molestations are reported in Bakersfield annually. The Alliance Against Family viOlence reports that 1,354 persons contacted their agency regard- ing sexual assault assistance in 1993. A coordinated program to help victims of sexual assault and rape Bakersfield MemOrial Health Foundation 420 34th Street Bakersfield, California 93301 805/395-1259 ~ BAKERSFIELD MEMORIAL HOSPITAL Emergency Department MEMORANDUM TO: Bakersfield. City Council Members FROM: Debra Johnston, SART Coordinator DATE: February 17, 1995 SUBJECT: Bakersfield Memorial Hospital Sexual Assault Response Team Informational Report The following information is attached for your review: SART PROGRAM OVERVIEW COST SAVINGS ASSOCIATED WITH SART PROGRAM 1994 STATISTICAL SUMMARY SEXUAL ASSAULT RESPONSE TEAM BROCHURE LETTERS OF SUPPORT (to be distributed at meeting) Bakersfield Police Department Kern County District Attorney's Office BAKERSFIELD MEMORIAL HOSPITAL FEBRUARY 1995 SART PROGRAM What is an organized SART and how does it work? Traditionally, when victims of sexual assault call 911, police officers take them to hospital ERs, where they might wait up to 12 hours for necessary, 2-3 hour interview and physical exams. Survivors can lose heart during a process that feels like a continuation of the assault, police officers lose valuable time, and ER staff have to juggle victims' needs with those of more critical medical cases. With every hour that passes between the assault and the eXam, the body is absorbing bodily fluids and semen that could be evidence. A timely exam is critical, not only for evidence gathering, but also for the psychological well-being of the victim. There is just no place for a sexual assault victim in an emergency room and ER physicians do not have the time needed for the evidentiary examination. Since evidence collection is forensic - belonging to, used in, or suitable for use in courts - and not medical, there are few health care practitioners who have received special education in this field. ER Physicians receive little or no training on how to do this precise and time-consuming, meticulous examination. Most of the victims have just been assaulted by a male and for them the sight of another male can trigger a negative response. "Some victims wouldn't consent to the exam until they knew that no male doctor would be around. It's important that we can be sensitive to the trauma these patients have experienced." - Carolyn Fisher Santa Cruz SART SANE A Sexual Assault Response Team (SART) is made up of a Sexual Assault Nurse Examiner (SANE), District Attorney representative, Law Enforcement representatives, and a Victim Advocate can solve this situation. When a 911 sexual assault call comes in, the police officer escorts the survivor to a SART interview in a special exam room at a hospital or separate site. Patients do not enter the ER unless they need medical services. Within 30 minutes, the SART team arrives, a 24° on-call SANE along with a victim advocate. The police officer remains to record the victim's remarks for the purposes of a criminal investigation. The SANE conducts the interview, using a detailed form that is standardized state-wide. The SANE lets the patient's account of the assault guide the search for evidence during the physical exam. The SANE locates and collects hair, tissue, and fluid samples that could identify an assailant; pulls victim hairs for comparison; takes numerous swabs that must be specially air-dried without heat and carefully tagged for preservation as evidence; and she identifies, documents and photographs wound patterns. The advocate stays throughout the exam, helping to set the pace of the procedure. "Law enforcement officers (involved with the Santa Cruz SART) feel they are able to establish a rapport with survivors. This often results in them receiving more complete information about the assault improving the odds of apprehending the suspect. The district attorney believes that more thorough investigations and improved evidence collection has brought about more guilty pleas rendered earlier ~ in the criminal proceedings." - Sherry Arndt, RN Santa Cruz SART The interview and examination are based on guidelines established by the California Office of Criminal Justice Planning (COCJP) as well as any requirements of local police and crime labs. If the chain of evidence is broken at any point, its credibility could be jeopardized. Maintaining a chain of evidence means that the SANE cannot leave the victim alone with evidence and cannot let evidence go unattended or unsecured until it is turned over to law enforcement officials. A major, recent advance in sexual assault evidence-gathering involves the use of a colposcope, a microscope mounted with a camera to photograph minute damage to genital tissue. The pattern of such damage enables the SANE to determine whether sexual intercourse was consensual. In many cases, colposcopic evidence convinces suspects and their attorneys to plea- bargain rather than take a case to trial. The SANE also gives the assault survivor after-care instructions, prophylactic antibiotics, information about AIDS testing, and, if appropriate, discusses the availability of morning-after pills. She decides whether to refer the patient to the ER. The victim advocate works with the survivor to plan follow-up counseling and other resources once the exam is over. In California, SANEs function as objective observers and documenters of evidence that they can then impartially discuss in court, so they are less involved with the patient's ongoing care than nurses normally would be. Under a 1986 state mandate, any county with a population of more than 100,000 must have a program to meet the needs of sexual assault survivors, and the cost of sexual assault exams is paid by the relevant law enforcement agency. 2 Why SANEs are better sexual assault examiners: A Sexual Assault Nurse Examiner (SANE) is an integral part of the Sexual Assault Response Team (SART). Currently, statistics show that 30 % of rape cases do not proceed to trail due to inadequate evidence collection. In counties where trained SANEs are consistently available to perform evidential examinations and give courtroom testimony, conviction rates have increased from 4 % to 85-90 %. "The SANE nurses routinely produce better evidence than that obtained during exams not conducted by personnel with SANE training. Because of superior training, SANE nurses obtain better forensic evidence, do a more thorough examination, and effectively utilize colposcopic photography. The difference in the quality of the evidence is remarkable." - Edward Jagels District Attorney "Ix has been my experience as a prosecutor that the SANE Program routinely produces better cases for obtaining convictions of sexual assault perpetrators. The SANE nurses, because of their training, obtain better forensic evidence, do a more thorough job of examination, and rely on the use of colposcopic photography." - Kyle J. Humphrey Former Deputy District Attorney (1992) SANEs are certified through an 80-hour curriculum. Physicians, law enforcement officials, and advocates from rape crisis centers prepare the nurses to conduct exams, provide emotional support to patients, and differentiate signs of trauma associated with rape and other non- consensual sexual contact. A criminalist from the crime las discusses forensic evidence; prosecutors, judges, and defense attorneys explain the criminal justice proceedings and what constitutes effective testimony. The classroom presentations are followed by preceptorships in vaginal examination, "ride-alongs" with law enforcement officers, moot court, interviewing skills, and other activities designed to familiarize the nurses with their teammates' roles and responsibilities. A SANE can identify the cause of an injury based on its location and characteristics, knows where to look for tissue damage is a victim says they were on their back or stomach when raped, and can photograph injuries that show if the victim tried to withdraw or fight as evidence. SANEs can also determine from an injury pattern whether a weapon was sharp or blunt, and can deduce what happened such as whether a rapist used his penis or an object. Statistics documenting conviction rates with organized SARTs and SANEs. According to a 1986 research project assessing the services provided to rape survivors, prosecutors tended to be more pleased with evidence collected by nurse examiners, crediting the training of the nurses in the technology of rape kit exams. According to the San Luis Obispo SART, conviction rates have increased from 4 % prior to the formation of the SART to 85-90 %. "In addition to their value at the examination state, the SANE nurses' testimony is invaluable. Deputies inform me that in cases in which a SANE nurse has testified the jury has been much more willing to return a guilty verdict." - Edward Jagels District Attorney "In addition to their value at the examination stage, the testimony of a trained expert is invaluable in explaining to a jury how rape, sodomy, or sexual assault may or may not leave any physical evidence, of how invasive the examination itself is, and how vulnerable a victim is. In the cases I have tried where a SANE nurse has testified, the jury has been much more willing to return a guilty verdict." - Kyle J. Humphrey Former Deputy District Attorney (1992) "If it were up to me, I would require a SANE examination of every sexual assault victim. It would insure better treatment of victims and more successful prosecutions." - Kyle J. Humphrey Former Deputy District Attorney (1992) COST SAVINGS ASSOCIATED WITH SART PROGRAM The following information was obtained from Dr. Laura Slaughter, Medical Director, of the Suspected Abuse Response Team Program, San Luis Obispo County. Data obtained from SLO County Auditor's Office, and excludes pre-trial preparation. 1992 Statistics: Cases with positive physical findings and thorough case documentation often don't go to trial. There were 23 sexual assaults during the period reported which were seen and examined at the San Luis Obispo SART. Of these 23 assaults, the following outcomes occurred: 1992 Subpoena Information 23 Cases 34 Subpoenas = 1.5/Case 11 SLO County 12 Out of County 31 Prosecutor 3 Defense Outcome 1 Dismissed 10 Jury Trial 9 Guilty 1 Not Guilty 12 Plead Guilty due to evidence obtained from SART exam Financial Savings: In San Luis Obispo, the average rape trial lasts 5 days and costs $40,000. Each perpetrator who plead guilty due to the weight of evidence and did not require a trial equaled a cost savings of $40,000 minus the $700 that the San Luis Obispo SART charges for the exam. 12 X 40,000 = 480,000 12 X 700 = 8,400 Cost Savings $ 471,600 The Personal Factor: While the County of San Luis Obispo saves $39,300 each time the SART Program does an evidence examination which leads to a guilty plea, the citizens and victim/survivors are saved from the danger of continued assaults when a perpetrator is convicted. BAKERSFIELD MEMORIAL HOSPITAL SART PROGRAM 1994 STATISTICAL SUMMARY From: 5-1-94 To: 12-31-94 Total Number of Cases: 48 Female: 47 Male: 1 Age Information: Minimum Age: 4 # < = 14 yrs: 9 # > 14 yrs: 39 Maximum Age: 55 Average Age: 24 Agency Breakdown: BPD: 40 KCSO: 8 Race Breakdown: Black: 19 % Caucasian: 44 % Hispanic: 35 % Other: 2 % Outcome Breakdown: Cases Still Open: 23 Cases To Trial: 3 Trial Conviction Rate: 100 % Cases Pending Trial: 2 Cases Plead: 7 Cases Closed: 13 ~ 02x16x95 17:49 DA KERN COUNTY 002 OFFICE OF ~ DISTRIC~ ATTORNBY COUNTY OF KERN CIVIC CENTER JUeTICIE BUILDIN(] 1 ~ 1 E TRUXTUN AVENUE STEPHEN M. TAUZER BAKERgFIELD, OALIFORNIA 95301 A9919TANT DISTRIOT A1TORNEY ($05) 881.:2421, FAX: (605) 861-2797 I~WARD IL JAOgL~ TIIOMA$ D, SPARKS DISTRICT ATTORNEY CHIEF DEPUTY DI$mlCT AYTONfF. Y February 16, 1995 , Debts L. Johnston Chairperson 8exual Assault Response Team Bakersfield Memorial Hospital 4~0 34th arrest Bakerefiela~ CA 93301 Dear Debts: Zt is my great pleasure to write on behalf of the Kern County District Attorney's office, and tllanK you and all personnel involved in the $.A.R.T. program for your assistance in the Compassionate and effective handling of sexual assault cases. As a sexual assault prosecutor for more than seven years, I have witnessed firsthand many times the devastating emotional impact that sexual aseault inflicts on its survivors. At the same timew the crime is one of the most difficult to successfully prosecute because it so frequently occurs in private, without corroborating witnesses. The Sexual Assault Response Team, providing a thorough and compassionate approach to investigating these cases, has been of great value to our office and to victims of sexual assault. From a legal standpoint, it is much easier to successfully prosecute when trained medical personnel have examined the ViCtim and obtained medical and scientific evidence which corroborates the fact of sexual assault. As you ~now, our record of convictions (either at trial or by guilty plea) in cases involving trained nurse examiners has been extremely high. From a human standpoint, I know from the statements of rape victims that the treatment they receive from your personnel is very satisfactory, and helps minimize the needless emotional trauma that the criminal Justice system has sometimes inflicted on vi=tims in the past.. 02/16/95 17:50 DA KERN COUNTY I 003 February 16, 1995 Page 2 I sincerely hope that the S.A.~.T. pro.am at Memorial Will continue its valuable aeeietanoe to the vio~ime of this tragic crime. Sincerely, ~DWARD R. JAGEL$ DI'TRICTA~RN~ Jo~n S, Somers DePuty Distriat Attorney ~ss/l~ BAKERSFIELD MEMORANDUM January25, 1995 FROM: GAIL/E?'v~AITERS,)L~'"~; ASSISTANT CITY MANAGER TROUGH: ALAN TANDY, CITY MANAGER SUBJECT: FISCAL YEAR 1995-96 BUDGET INSTRUCTIONS The budget for fiscal year 1995-96 will essentially be a "low to moderate growth" budget from fiscal year 1994-95. The City has experienced a five percent growth in sales tax revenues over last year, however, the Finance Director is projecting a modest two to three percent growth for the 1995/96 fiscal year. Property tax revenues are also estimated to grow approximately four to five percent over 1994/95 (this excludes revenues from the Union #10 annexation). The Iow to moderate growth budget position is in response to this preliminary information. It allows us to achieve service continuity and perhaps some,incremental/ enhancements to improve service delivery. We will not be able to "catch up" to previous' years budget constraints. Again in 1995/96 because of one-time savings, we expect room for a reasonable capital improvement program. Additional revenues resulting from a rebate of our PERS rates and a greater fund balance than anticipated (carried over from last fiscal year) have contributed to the opportunity to use one-time, non-recurring savings for one-time non- recurring expenses. While we do not want to paint a picture like prior years "gloom and doom," we surely do not want to give an impression that things are back on track. We anticipate that some departments will submit proposed budgets that will require additional personnel becaused of identified growth in specific service delivery areas or because hardships fr0hi:previous~ cuts have proven to be intolerable. These two situations are distinct and must be viewed as such. First priority will be given to requests that focus on maintaining current service levels. Secondary to that will be requests for expanded service levels. However, you should be cognizant of the reality that requests for new positions end up in a competitive Fiscal Year 1995-96 Budget Instructions January 25, 1995 Page 2 arena and organizationally, will be extremely limited in number. Detailed and well thought out substantiation of your position will be essential for serious consideration of long term added operational costs. STATE BUDGET We have received information on the Governor's proposed budget and those areas affecting municipalities. Overall, the Governor has indicated California's economy is in the midst of "sustained recovery" because of growth in employment, new housing construction, retail sales and a number of other indicators. His budget priorities include continued expansion of the state's economy, promotion of self-sufficiency and protection from crime and violence. For the first time in several years, the state budget boasts a revenue and expenditure situation that is no longer deteriorating, but is continuing at a moderate growth level. Even so, the Governor has presented a "hold the line" spending budget, while the state moves cautiously through the remains of the recession. A moderate position is appropriate for the City of Bakersfield in that we can never really let our guard down until the state legislature passes its final budget on June 15, 1995. Specific to municipal government, the state budget is not proposing a raid on city revenues as in prior years. No further reductions in property tax or vehicle license fees are proposed, nor does it include any plans to reallocate the local sales tax. However, the Governor does propose requiring 50 percent of the cities' fines and penalties currently going to the state to be sent to counties instead, to realign trial court funding. This will result in over $900 million in new resources for counties. In addition, the state budget shifts $100 million in transportation funds away from the State and Local Partnership Program to other transportation programs. This change could have an impact on our city's ability to complete street resurfacing projects because the matching funds we currently enjoy will be reduced. The state legislature's approach to this budget is more uncertain than usual given the lack of a clear majority in the state assembly. We have been cautioned by the League of California Cities to consider ourselves still "very much at risk" for budget reductions in 1995-96, especially when the state continues to count on an approximate $800 million reimbursement from the federal government for the cost of federally-mandated programs provided to illegal immigrants. Fiscal Year 1995-96 Budget Instructions January 25, 1995 Page 3 BUDGET PROCESS New Software Perhaps the biggest challenge ahead for us is the successful cOnverao~!!~,~;:~#~. computer hardware and software system. I want to extend my thanks in advance to every employee for their hard work, patience and contributions to moving this process along so that we could be on line for this budget cycle. We all know that this is not an ideal time to be making the conversion, however, the longer we walt, the further behind we get. I have no doubt that once installed, each of you will be excited about the opportunities you will have to make your operations more productive, informative, and effective. In the meantime, the transition must be a coordinated and cooperative effort. Youd immediate input, suggestions and response to procedures is essential to holding-d°wn the frustration level as well as unnecessary delays. You may find it a little uncomfortable because there is not a procedural manual currently available to support the new HTE software. Those employees who received the initial training should be'willing,:.to~ develop it as we go along, and be available to others in the organization whO'~'~e~ questions or get stuck and cannot seem to move forward. Bud,qet Submittal Because this will be a Iow to moderate growth budget year, departments should develop a conservative budget that allows for a reasonable inflation factor and minimal additions or increases for major service priorities. Anticipated increases for medical insurance, longevity pay, step increases, safety certificate pay and any negotiated salary settlements that are currently in effect, will be calculated by the Manager's Office and forwarded to you for inclusion into your budget submission. Again this year we will be negotiating salary settlements for all bargaining units -- April 1995 for Police, and January 1996 for all others. Because salary settlements typically do not occur until after budgets are submitted to the Manager's Office, those costs will be factored into departmental budgets by the Manager's Office as they become available. Several procedural changes will take place this budget cycle that will hopefully, ease the burden of putting your proposed budgets together. Fiscal Year 1995-96 Budget Instructions January 25, 1995 Page 4 1. G Forms. The G Form as you know it will no longer exist. HTE software has a feature called "Miscellaneous Information" that should, be. used to wdte justifications.. Justifications at the City Manager level are no longer necessary for general office supplies; but are required for:reimbursable? expenses, professional and consulting services, other~'oatside.:s~rVices, computer supplies and peripherals, and contrlb'btions. 2. Fee Projections. As you know, the fee projection process started November 29. The plan is that Council will approve proposed fees in March, which gives us a little more time to work the fees' into our calculations for developing our operating budget. 3. Project Tracking. A separate meeting will be held to go over the transition and specifics of the new project tracking system. At this meeting, you will be informed of the process for using project numbers for the CIP as well as for a limited number of operating projects. Prior to this meeting, all departments must have their current project listing cleaned up and devoid of anything that does not meet the criteria which constitutes a valid project. That criteria is being supplied to you under separate cover. 4. Capital Improvement Program. Through discussions with the appropriate departments, a decision has been made to accelerate the CIP process so that it has less of an opportunity to compete with developing the operating side of the budget. CIP requests are due to the City Manager's Office not later than February 27, 1995, in anticipation for Council review in March and Council adoption in Apdl. As mentioned above, specific details about the CIP process and project tracking will come shortly. Enterprise and Interdepartmental Services Departments with enterprise services should seek out ways to increase their contributions to the General Fund for those services that are directly related to or have some administrative/maintenance costs that are specific to the enterprise service. My staff is available to discuss alternatives to achieve that objective. It is important for departments to seek early assistance as it relates to Interdepartmental Services. This is an area where the one-time monies will make the availability of needed remodels and upgrades in computer hardware a possibility. Fiscal Year 1995-96 Budget Instructions January 25, 1995 Page 5 Personnel-Related Issues Training and installation of the HTE payroll application is not'sci3edule~t~ls~i~.unfil. Apdl and, therefore, all data related to existing personnel costs will have to be manually entered into your proposed budget by Data Processing. We are currently in the process of building the salary project~on file. Departments can use the "BUD.USER" applications on the PRIME to generate the costs and appropriate detail for temporary and seasonal employees and overtime. Once the costs have been calculated, departments must then enter the costs into the proper accounts on the HTE software. Under the PRIME system, special pay costs were reflected in one account -- 70100 -- as part of regular salaries and wages. With the HTE software, them are separate accounts for each type of special pay. For this budget year only, departments will have to calculate and manually enter these costs, including sick leave conversion pay, into the appropriate accounts within the HTE software. Personnel additions will be considered for critical needs and where unusually difficult situations exist. Several departments have indicated some concern about waiting until after the budget cycle begins to propose and receive a decision on new positions, reclassifications or organizational changes. This process also presents somewhat of a timing problem for the City Manager's Office. Consequently, those departments who have already thought through their personnel needs and have completed the necessary work to justify their request, may submit them immediately. Requests for organizational changes and new position requests should be submitted directly to the Manager's Office. Reclassification requests are due to Personnel by February 1. Effective with this year's budget process, reclassification requests will automatically bedenied..,:if,,-~are,not~. accompanied by a solid justification which details significant'changes in-j°13"duttes:and a carefully thought through narrative. Written justifications are required for reclassifications even if there is no net change in salary. A copy of your submissions to Personnel should also be included in your budget binder. Beginning with the 1996-97 budget year, we will be encouraging departments to do more advanced planning as it relates to personnel requests. Specific guidelines will be distributed that will allow departments to submit any requests they are. aware'of by November 1 so that prior to the budget kickoff, departments will, in many case~i, have a decision on whether to include personnel requests in their proposed,budgets. We believe by making this change, departments will be afforded more flexibility in their workload; a better chance of getting their requests approved because they would be Fiscal Year 1995-96 Budget Instructions January 25, 1995 Page 6 submitted early; and it will allow my office an opportunity to analyze all the factors that must be considered when approving personnel changes. Capital Outlay Requests In the past, capital outlay requests were handled outside of requests for operating items. With the HTE software, departments will be required to provide the appropriate level of detail for capital outlay requests in the "Miscellaneous Information" screen. All requisitions over $600 must have a description and note the quantity and amount: (Departments will be notified once a final decision has been made regarding an increase to the capital outlay threshold.) The Purchasing Division will provide departments with a listing of capital outlay items and their costs. Capital outlay requests should be considered in context of the current budget situation. Priority will be given to one-time expenses which tend to reduce recurring annual costs. Reimbursable Expenses As in previous years, this account is subject to review. Due to the sensitivity of recurring expenses in this area, historic expenditures should be thoroughly examined and considered carefully. Requests for out-of-state training and travel will be made on a case-by-case basis, requiring City Manager approval. Requests should be done in the Miscellaneous Information screen, and must include individual name, position, type of training, location, dates, and how the training will benefit the city. Interdepartmental Services Requests for new vehicles and communications equipment also should be given careful consideration before being included in your budget. These requests are due to the Equipment Division not later than February 16, 1995. New vehicle requests that are to support new positions or are replacement vehicles have a better chance at getting approved. Fleet Management is working to reduce the total fleet, which may include implementing a car pool process for departments. In general, requests submitted to General Services are budgeted by General Services, however, last year there were a number of items that were transferred into the Capital Improvement Program. This is a good reason for special project requests such as Fiscal Year 1995-96 Budget Instructions January 25, 1995 Page 7 modifications of existing facilities and/or equipment to be worked out with the appropriate internal service department prior to presenting it in your proposed budget. These requests are also due to General Services not later than February 16, 1995, Wrap Up This year the budget team will be made up of the following individuals: Assistant City Manager for budget; Finance Director; Assistant~tc~,,the,City._.M~a.ger; Administrative Analyst II; and Public Works Operations Manager antiGens Superintendent. Ail of these individuals will be able to respond to questions specific to their areas of responsibility and are available to go over your budgets with you. Any general questions, comments or suggestions you may have about the budget process should be directed to Gall Waiters or Dolores BuddeI-Tuebner. Thank you again, in advance, for your patience, cooperation and hard work with the upcoming budget process. There will be many trying times, but if we all remember we are working toward the same goal -- to provide quality, effective and efficient services to our community -- the transition will be highly successful. Suggestions for ways we can implement cost-savings, and any creative ideas you may have to help us get through the next six months will be greatly appreciated. Your assistance along these lines during the 1993/94 budget year helped us recover in fiscal year 1994/95 from some very strenuous constraints. The outlook for 1995/96 as it relates to our financial position is positive; and an exciting challenge awaits us with our new computer system and the opportunities that will come with it. Let's make the best of it. ADMINISTRATIVE RULES AND REGULATIONS SUBJECT: AUTOMOBILE AND MILEAGE ALLOWANCE I. STATEMENT Due to the nature of the position held, it is more economical for the City in some instances to provide certain employees with either reimbursement for car miles traveled or car allowances. The following procedure clarifies the City's automobile and mileage allowance policy. II. PROCEDURE 1. When officers or employees of the City are authorized to use their own automobiles in the cause of City business, they shall be reimbursed for costs at a rate up to the rate currently used by the IRS for tax purposes. Driving to and from work is not considered City business unless such driving is in conjunction with meetings of the Council, boards, commissions, other special meetings or functions relative to City business. 2. Whenever feasible for out-of-town trips on City business, a pool car should be utilized if available. Whenever long trips are taken on City business, due regard should be considered on the basis of airfare. If it is less costly to fly to a destination, employees are encouraged to fly or be reimbursed for automobile expense in an amount equal to the price of a round trip plane ticket. 3. Department heads who are not furnished an official City car, shall be reimbursed for automobile use at the rate of three hundred, twenty-four dollars ($324) per month. i 2 Page., of ADMINISTRATIVE RULES AND REGULATIONS , ./,~' APP~OVer0 SUBJECT: '~ AUTOMOBILE AND MILEAGE ALLOWANCE II. PROCEDURE (cont'd) Reimbursement rates will be based on the following formula: Internal rental rate, including depreciation, fuel, oil, parts, accident ~amage repair, labor, etc., based on a mid-size, four-door sedan, with air conditioning, power steering, power brakes, and AM radio, depreciated five years with an annual mileage of 14,500 miles per year. Purchase Cost $12,000 Salvage Value 2,000 Amount Depreciated $10,000 $10,000 - 60 months : $167 depreciation per month. 12,240 miles @ 21~ per mile = $215 for maintenance, fuel, oil and tires monthly. $167 Depreciation 215 Maintenance, fuel, oil, tires, etc. 50 Liability insurance $432 x .75 : $324 Monthly total 4. Additional personnel, as delineated in City Council Salary Resolution, shall be paid $50 per month for furnishing their own personal automobiles. 5. Authorization for reimbursement for automobile expense must be given by the appropriate department head and an expense voucher submitted upon conclusion of the mileage transaction. 6. Monthly automobile allowance authorized by salary resolution shall be paid by payroll check on the first paydate following the month being compensated. III. CITATION City Coucil Resolution - Personnel Compensation. Revised 8/01/88 2 2 Page_ of ~ ADMINISTRATIVE RULES _ 'i'.: ~ ' .?, Oa~e 2/12/81 AND REGULATIONS SUBJECT: BU$'(NE$$ LEAVE '"' I. STATEMENT All probationary and permanent employees shall be eligible for authorized business leave with pay. Such eligibility is based upon a positive determination by the department head that a business leave with pay is beneficial to the City. II. PROCEDURE Business leave with pay may be granted subject to advance authorization by the supervisor, department head, and the City Manager. 1. The cost of lodging shall be reimbursed or paid directly by the City. This policy requires that minimum cost accommodations in keeping with availability, convenience and propriety shall be obtained by the attending officer or employee. If a spouse accompanies the employee, the City will reimburse at the singles lodging rate only. 2. Transportation to and from a conference or meeting shall be reimDursed or paid directly by the City based on the following considerations. a. The officer or employee making travel arrangements shall secure the most economical mode of transportation in keeping with the considerations of availability, convenience and propriety; City owned vehicles shall be used, if available and appropriate, when traveling to conferences or meetings within California. b. When air travel is appropriate, coach class shall be utilized whenever possible. City employees, who are certified airplane pilots and are listed as individual insured on the City's insurance policy, are occasionally available to use in the case of tight time constraints or long distances which must be traveled. The use of this type of air travel is acceptable when the total amount charged is less than the amount required for commercial round trip airfare. I 2 Page. , ~ f -----...----- ADMINISTRATIVE RULES :~' =" '~ Oate 2/12/81 , AND REGULATIONS '" SUBJECT: -" ~'~°~"~ BUSINESS LEAVE II. PROCEDURE (cont'd) c. When a private automobile is used, reimbursement for such use shall either be paid at the per mile rate currently allowed by the Internal Revenue Service or at the rate of air travel costs to and from the employee's destination, whichever is lowest. d. Taxi or bus fare as required for transportation to and from meeting site or airport. e.. Car rental is permitted only when absolutely necessary and prior permission is granted by the department head and City Manager. 3. All registration fees shall be reimbursed or paid directly by the City. 4. A per diem allowance of forty-five ($45.00) dollars to cover all meetings or conference costs in addition to those enumerated above shall be provided for only those days attending or in transit to and from an approved conference. The allowance which covers the cost of meals of employees on business leave within a 24-hour period is allowed, based on the following policy: breakfast $8; lunch $12; dinner $25. No additional reimbursement for meals will be allowed within one 24-hour period. If meals are included in the conference registration'fee, then a proportionate amount should be deducted from the $45.00 per diem. If reasonable expenses at the conclusion of the conference are more than the $45.00 per diem then the employee may submit an expense voucher with supporting documents to their department head for reimbursement. (As outlined in Section VI-3.1 of the Administrative Rules and Regulations). 5. Charges such as room :~ervice, personal telephone calls, or any costs incurred for anyone other than the officer or employee shall not be reimbursed. [[[. C~TAT[ON Bakersfield Municipal Code, Chapter 2.84.620 Revised 9/24/87 Revised 8/01/88 2 2 Page of 3akersfie[d, California, :,lax- '2 1984 - Page following call vote: Aye: Councilmen Childs, Christensen, ~Ic , Ratty, Rockoff, Barton Noes: Absent: No In ans' a Councilman Childs, Fire and Development Services indicated the letter from Doris C. Williams. 1030 Chester P April 17, 1984, regarding rezoning the Lowell Addition, of California Avenue between Chester Avenue an, ,n Avenue, erred to Staf~ at the meeting of April 25, 1 was inadvertent] iotten. He will check into the le ~nd contact Councilman Chil~ ~oon as possible. answer to a question by ~[ayor Shell 'ding gap in comm~ ions between The Emergency Operation Center ergency asting System, Police Chief Price stated he would ha i- into that REPORTS Councilman Rockoff. Chairman of the Budget and Finance Committee. read Report No. 13-84. regarding Policy on Reimbursable Expenses for City Council ~lembers, as follows: Pursuant to reviewing of expense vouchers, the Budget and Finance Committee noted a need for clarification and the establishment of a policy on reimbursable expenses for City Council Members. On ~Iarch 23, 1984, the Budget and Finance Commit- ~ee submitted a memorandum to the City Council regarding suggested policy on reimbursable expenses for City Council ~lembers. After discussion at the City Council ~leeting of 5~arch 28, 1984, the matter was referred back to the Budget and Finance Committee for study and recommendation. We have me~ ~o review the guidelines suggested in ~he ~Iarch 23rd correspondence, recommendations from ~he discussion which ensued at the Council ~Ieeting of ~Iarch 2Sth. and subsequent recommendations made by other Council !.Iembers. As a result of our dis- cussions and review we recommend the following ~u~delines: I. ~IILEAGE - "Reimbursable ~[ileage" means miles traveled by Council Hembers by private conveyance. 2akers.~'ie[d. (?ali fornla. !!ay '2. i984 - Page ? A. No mileage reimbursement will be allowed for travel to and from City Council ~leetings. B. Local mileage reimbursement will be allowed for travel [o and from com- mittee meetings, commission meetings, board meetings, and other directly- related City Council activities. C. All Council authorized trips outside of the City Limits will be allowed reimburseable mileage: however, Council ~Iembers should use City vehicles where- ever possible. Trips to meetings associated with the League of California Cities and the Kern County Association of Cities are to be considered author- ized in general and will not need specific City Council authorization. II. EXPENSES A. Expenses incurred by a Council Member in fulfilling the specific direction of the City Council shall be authorized for reimbursement. B. Where possible, City Council Members should obtain authorization from the City Council prior to incurring expenses. [f prior approval by the City Council is no~ possible, any requests for the reim- bursement of expenses incurred must receive City Council approval prior to actual pay- ment ~o ~he requesting City Council Member. III. FORM FOR CITY COL~CIL REIMBURSABLE ~[ILEAGE AND EXPENSES A. All expenses must be documented as to time, place, persons, and purpose prior to author- ization for payment by the City Council. Such documentation must be furnished on Form CCI, "City Council Member Expense Voucher" (the form is currently being designed and will be finished prior to the May 2, 1984 City Council Meeting). B. Each Council Member is to submit the Expense Voucher monthly, whether or not he is requesting reimbursement for expenses incurred. The form is to be si~ned and all appropriate receipts and supporting documents are to be a~ached ~o the Expense Voucher. C. Copies of each Expense Voucher are to be tncluded with the voucher register in the Council Packets. This Committee recommends the City Council approve the above-stated ~uidelines as policy and place into affect immediately. Bakersfield. Cali£ornia. ~.!a~' 2, [984 - Page 8 Uaon a motion by Councilman Rockoff, Budget and Finance Committee Reoort No. 13-84 regarding Policy on Reimbursable Expenses for City Council ~.{embers. was received. Councilman Childs stated he will be traveling to Santa Clara and would feel more comfortable driving his own vehicle rather than a City vehicle. Councilman Rockoff made a motion to accept Budget and Finance Committee Report No. 13-84 regarding Policy on Reimbursable Expenses for City Council Members, -and recommendations as outlined in the reOort. After a lengthly discussion, Councilman Rockoff stated he would amend the Budget and Finance Committee Report No. 13-84, Page 3, III. B. to read as follows: B. "Each Council Member is to submit the Expense Voucher monthly, if he is requesting reimburse- ment for expenses incurred. The form is to be signed and all appropriate receipts and support- ing documents are to be attached to the Expense Voucher, if there are any." Upon a motion by Councilman Rockoff, Amended Budget and Finance Committee Report No. 13-84 regarding Policy on Reimbursable Expenses for City Council ~Iembers. was accepted, with deletion of Item Ill. A. CONSENT CALENDAR (a) Allowance of Claims Nos. $433 to 550~, inclusive, in the amount of $3~8,544.98. (b) Claim for Damages from Harlan O. Voigts, 108 Atherton Court, Bakersfield. (Refer to City Attorney) (c) Improvement Agreement for Parcel Map Nos. 7059 and 7256 with Tenneco Realty Develop- ment Corporation. for construction of t:::nrovements therein. Parcel Map No. 7059 is located at the northwest corner of Gos- ford Road and X~ing Avenue and Parcel ~iap No. 7256 is located southerly of Ming Avenue, easterly of Old River Road. (d) Notice of Completion and Acceptance of Work on "Groundwater Recharge Area - Ph~ [". Contract No. 83-212, with Cone,jo Contractors, MEMORANDUM TO: LEE ANDERSEN, COMMUNITY SERVICES MANAGER July 8, 1995 FROM: FRANK FABBRI, PARKS SUPERINTENDENT -~. SUBJECT: COUNCIL REFERRAL--CITY SWIMMING POOLS At the City Council meeting of June 28, 1995 Councilmember .Carson requested information on the City's policy regarding location and construction of municipal swimming pools. I am not aware of any written policy on this issue prior to the adoption of the Park Element of the 2010 General Plan in 1990. In the early 1960's it was the City's intent to include swimming pools in most all neighborhood and community parks. As the City grew, additional infrastructure, in addition to neighborhood parks, were required. Funds for these new improvements were very competitive and therefore new park construction and improvements were often deferred. Lack of funding changed the. City's plans on future park development, including swimming pools. The passage of Proposition 13 placed additional restraints on funding for parks and recreational improvements. In 1990 the Park Acquisition and Development Ordinance was passed which provides funding to purchase and construct future neighborhood parks with basic improvements. Funding for swimming pools in neighborhood parks is not included within the ordinance. The Park Element of the 2010 General Plan mentions swimming pools should be considered in the design of community parks and they should be situated near high schools. Minimum standards for a community park is 20 acres with a service area of 3 to 5 miles walking distance. The last community park constructed which meets the criteria for a swimming pool as outlined in the 2010 Plan is Patriots Park, constructed in 1975 and located at Ming Avenue and Stine Road. The continuing lack of available construction funds has made this project unrealistic. The City currently has ten (10) swimming pools. Three pools, Jefferson, Central and Beale are the oldest dating back to pre 1940. In 1957 the pool at Martin King Jr. Park was constructed. Four additional pools, Saunders, Wayside, Planz and Jastro were added in 1958 and 1959. In 1964 the installation of the Siemon Park pool was completed. The most recent municipal pool was built in 1994, thirty years after the Siemon Park pool, when a developer in southwest Bakersfield donated a swimming pool at the newly constructed Silvercreek Park. COUNCIL REFERRAL (CITY SWIMMING POOLS) JULY 8, 1995 Construction costs for a swimming pool, similar to the one built in Silvercreek Park, is estimated at over $500,000. Annual maintenance costs for a municipal pool is approximately $30,000. The existing city swimming pools are open for swim lessons and recreational swimming for several months during the summer and is one of the more costly recreation programs. If discretionary funds for recreational facilities become available, one might consider additional swimming pools; but there are several neighborhoods within the City which are park deficient which should also be considered for funding of basic improvements. cc: Alan Tandy, City Manager Allen Abe, Assistnt Parks Superintendent Georgina Lorenzi, Business Manager File: pool OI~IN~CE NO. AN ORDINANCE AMENDING CHAPTER 8.44 OF ~HE B~ERSF~E~D ~C~P~ CODE ~TINO TO FIbrOUS. BE IT ORDAINED by the Council of the City of Bakersfield as follows: SECTION 1. Chapter 8.44 of the Bakersfield Municipal Code is hereby amended to read as follows: Chapter 8.44 FIREWORKS Sections: 8.44.010 Definitions. 8.44.020 Permit required. 8.44.030 Application - Issuance - Fee. 8.44.040 Regulations. 8.44.050 Revocation. 8.44.060 Appeal. 8.44.010 Definitions. Whenever used in this chapter, unless a different meaning clearly appears from the context, the words set out in this section shall have the following meanings: A. "Person" means any individual, partnership, corporation or association of any nature whatsoever. 8.44.020 Permit required. It is unlawful for any person to sell or offer for sale or expose for sale within the city any fireworks in violation of this chapter or without having a valid permit therefor in accordance with the provisions of this chapter. 8.44.030 Application - Issuance - Fee. A. A permit for the sale of safe and sane fireworks shall be issued only to applicants who meet the following qualifications: 1. A nonprofit organization or corporation organized and existing primarily for veteran, patriotic, religious, welfare, charitable or civic-betterment purposes, organized and established in the City at least one year prior to the filing of application for permit under this chapter and having a bona fide membership of at least thirty-five members; provided: a. No permit shall be issued to any such organization or corporation unless it was issued a permit the previous year unless the total number of permits issued to such organizations and corporations is less than one permit per 4,000 population in the City of Bakersfield, as set forth in the annual report of the State Department of Finance, but not less than fifty, in which event permits may be issued to organizations and corporations unlicensed the previous year in the order in which their applications are made from May 16th through May 31st. Priority as between applications made the same day shall be determined by a drawing conducted by the finance director. Priority as between applications made for the same location shall be given to the applicant who held a permit for that location the prior year. Not more than fifty permits shall be issued except as it may be necessary to issue a greater number so that each such organization or corporation to whom a permit was issued the previous year, and who made application for a permit during the period commencing March 15th and extending through May 15th and otherwise qualified hereunder, is issued a permit. b. Should any such organization or corpor- ation issued a permit'the previous year fail to apply for a permit before May 16th, such organization or corporation shall be treated as if it had not been issued a permit the previous year and its application for a permit, if made prior to June 1st, shall be subject to the process and limitation set forth in subdivision l(a) of this subsection. 2. Retail business establishments which have, for a period of at least one year prior to the filing of application for permit under this chapter, held a valid business tax certificate issued by the city under Chapter~5.02 of this code; provided, no such permit shall be issued to any such retail business establishment unless such establishment was issued a permit the previous year. 3. Any entity which held a permit issued by Kern County for a particular location the previous year, which location was subsequently annexed to the City within the past year, shall be treated as if it had held a permit from the City for purposes of this section. - 2 - B. A permit shall not be issued unless the person, organization, establishment, corporation, or firm applying for the permit has first obtained a permit or license 'from the State Fire Marshall under Part 2, Division 11 of the Health and Safety Code of the state. C. Applications for permits under this section shall be made on forms to be furnished by the city manager or his designee, shall be submitted between March 15 and May 15 of the year for which the permit is requested, shall be signed under penalty of perjury by the applicant and shall require the following information: 1. The name, address and telephone number of the nonprofit organization or retail business establishment for which application is made; 2. The name, mailing address, title, telephone number, previously used names~ date of birth, sex, height, weight, eye color, hair color, driver's license number, social security number and arrest record, if any, of the persons who will manage the business during the time that it is proposed to be carried on in the city; 3. Prior permits issued to the applicant pursuant to this chapter and whether such permits were ever revoked or suspended and the reasons therefor; 4. The location of the proposed fireworks sales; and 5. The purpose of the nonprofit organization or corporation, its principal and permanent meeting place; the approximate date of its establishment in the city; the total number of its local membership; the names and addresses of its officers; and its tax-exempt number. B. The application shall be accompanied by the following documents: '1. A plot plan drawn to scale, showing the location of utilities, improved parking areas, location of permanent and temporary structures, curb cuts and/or driveways and identifying the nearest available source of potable water, sanitary facilities, and fire hydrants; 2. A written authorization from the owner of the location or person in lawful possession thereof, if other than the applicant, for the locating of the business upon his or her property. - 3 - 3. Evidence, satisfactory to the city manager or his designee, of (1) general liability insurance providing coverage on an occurrence basis for bodily injury, including death of one or more persons, property damage and personal'injury, with limits as required by the city; and (2) workers' compensation, with statutory limits and employers liability insurance with limits as required by the city. All policies required of the applicant hereunder shall be primary insurance as to the city, its mayor, council, officers, agents, employees and volunteers and any insurance or self- insurance maintained by the city, its mayor, council, officers, agents, employees and volunteers shall be considered excess insurance, over and above the applicant's insurance and shall not contribute with it. The applicants shall save, hold harmless and indemnify the city, its officer, agents, employees and volunteers from all claims, demands, damages, judgments, costs or expenses in law or equity that may at any time arise from or is any way related to any work performed by applicant, his agents or employees under the terms of any permit issued under this chapter. 4. Cash bond in the sum of one hundred dollars, to be forfeited to the city in the event the permittee fails to remove said stand, equipment and rubbish from the premises upon which the stand is located before twelve noon on July 15 of the year for which said permit is granted. The cash bond shall be returned to the applicant upon full performance of the requirements of this chapter. C. The city manager or his designee shall, in his discretion, issue a permit if he finds: 1. That the application is complete and truthful; 2. That neither the applicant nor any manager of the business has been convicted of a crime substantially related to the qualifications, functions or duties of the business for which application is made, unless he has obtained a certificate of rehabilitation. 3. That neither the applicant nor any manager of the business has done any act involving dishonesty, fraud or deceit with the intent to substantially benefit himself or another, or substantially injure another. 4. The business for which the application is made will be maintained and conducted in accordance with all laws of the city and the state. 5. That operation of such business at such location will not present any substantial hazard to vehicular or pedestrian traffic. - 4 - 6. That paved parking adequate for the purposes of the business exists at the proposed location. The adequacy of such parking shall be determined in accordance with the provisions of Chapter 17.58 of this Code. 7. That a valid business tax certificate or tax- exempt number has been issued for this business. 8. That the applicant is sufficiently insured. 9. That no permit issued to the applicant pursuant to this section has been revoked, unless the city manager or his designee finds that the reasons for such revocation are unrelated to this application. D. All permits issued under this chapter shall remain in effect from noon on July 1 to noon on July 5 unless earlier · suspended or revoked. E. The applicant shall pay a fee of one hundred ($100.00) at time of application. F. Permits may be issued with conditions to ensure that the business will be operated in a safe and legal manner, will not disturb the peace and quiet of the neighborhood and will not constitute an undue burden on city resources. ~.44.040 Requlations. A. 'Those fireworks which are classified as "dangerous fireworks" under Section 12505 of the California Health & Safety Code are prohibited, except that such fireworks as are defined and classified as "safe and sane fireworks" in Section 12529 of the California Health and Safety Code may be displayed, sold and used pursuant to the provisions of this chapter and not otherwise. B. No permit holder shall shout, make any outcry, blow a horn, ring a bell or use any other sound device including any loudspeaker, radio or amplifying system where.sound of sufficient volume is emitted or produced therefrom capable of being plainly heard upon the Streets, alleys, parks or other public places. C. Any permit issued pursuant to this chapter shall be non-transferrable, and shall be valid only as to the applicant and location provided on the application for such permit. D. Except as expressly permitted by and in accordance with the provisions of Chapter 12.44 of this code, the sale, offer to sell, advertising or display of merchandise on any street or sidewalk in the city is prohibited. - 5 - E. Ail retail sales of safe and sane fireworks shall be permitted only from a temporary fireworks stand and the sale from .any other building or structure is prohibited. F. No fireworks stand shall be located within one hundred feet of any gasoline storage or gasoline pump or any garage or within thirty feet of any other building, or within six hundred feet of any other fireworks stand. G. Fireworks stands need not comply with the provisions of the building code of the city except that the building official shall have authority to require that stands be constructed in a manner which will reasonably insure the safety of attendants and patrons. H. Fireworks stands shall be located only in a C-1 zoning district or a zoning district less restrictive than C-l, unless located upon property owned and occupied by a church and/or school, which church or school is either a legal or legal nonconforming use of such property, and the fireworks stand is located no less than three hundred feet (300') from the property line of any residence. I. All temporary stands for the display and sale of fireworks shall obtain an electrical permit from the city building department prior to any electrical work. J. Ifa toilet is not immediately available during all open or sale hours Of the fireworks stand, then an approved chemical one must be provided. K. Each stand in excess of twenty-four feet in length must have at least two exits. Each stand in excess of forty feet in length must have at least three exits. L. Each stand shall be provided with not less than two 2A 10 BC-type fire extinguishers, underwriter approved, in good working order and easily accessible for use in case of fire. M. No person shall light, or cause or permit to be lighted, any fireworks or any other article or material within any such stand, or within fifty feet thereof. N. No smoking shall be allowed in any stand, nor within fifty feet thereof. "No Smoking" signs shall be prominently displayed. O. All weeds and combustible material shall be cleared from the location of the stand, including a distance of at least twenty feet surrounding the stand. - 6- P. There shall be at least one adult in attendance during the open or sale hours of the fireworks stand. No minor, age sixteen or younger shall be permitted in a stand. Q. All permits must be posted in a conspicuous place. R. Fireworks shall be sold only between the hours of twelve noon, July 1st, to twelve noon on July 5th. S. Permittee shall strictly comply with all provisions of the State Fireworks Law (Sections 12500 et seq. of the Health and Safety Code). T. The fireworks stand shall be removed from the temporary location by twelve noon on the fifteenth day of July, and all accompanying litter shall be cleared from said location on or before said time. U. Night watchman accommodations shall not be closer than twenty-five feet from the fireworks stand. V. No fireworks shall be placed in any fireworks stand until a building permit for such stand has been issued by the city building department. W. Any person who receives a notice to correct any violation of these regulations or any other condition of the permit, and who fails to correct such violation within the time prescribed in the notice, may be assessed a fee not exceeding the city's cost of reinspection in accordance with Section 3.70.040 of this Code. 8.44.0~0 Revocation. Any permit issued pursuant to this chapter shall be immediately revoked by the city manager or his designee whenever he finds: A. That misrepresentations were made on the application; or B. That the applicant or any manager of the business has been convicted of a crime substantially related to the qualifications, functions or duties of the business for which application is made, unless he has obtained a certificate of rehabilitation; or C. That the applicant or any manager of the business has done any act involving dishonesty, fraud or deceit with the intent to substantially benefit himself or another, or substantially injure another; or - 7 - D. That any of the terms or conditions of said permit have been violated, or that the business has been operated in violation of local, state or federal law. 8.44.060 Appeal. A. Should any applicant be dissatisfied with the decision of the city manager or his designee not to grant a permit or for the revocation of a permit, then· said applicant may, no later than ten days after notice of such decision is deposited in the United States mail, addressed to the applicant or permittee at the address provided on the application, make written objection to the city council setting forth the grounds for dissatisfaction, whereupon the council shall hear said objections at a regular meeting no later than three weeks following the filing of the' objection with the city clerk. The applicant shall be given written notice no less than three days prior to said hearing. The council may, upon said hearing, sustain, suspend or overrule the decision of the city manager or his designee, which decision shall be final and conclusive. B. Pending the hearing before the council, the decision of the city manager or his designee shall remain in full force and effect and any reversal thereof by the city council shall not be retroactive but shall take effect as of the date of the council's decision. SECTION 2. This Ordinance shall be posted in accordance ~ith provisions of the Bakersfield Municipal Code and shall become effective thirty (30) days from and after the date of its passage. o0o - 8- I HEREBY CERTIFY that the foregoing Ordinance was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on vote: , by the following CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED BOB PRICE MAYOR of the City of Bakersfield APPROVED as to form: JUDY K. SKOUSEN CITY ATTORNEY By: L~URA C. I~.RINO Assistant City Attorney LCM/meg ORD~\F~%AqU(2.0~ J~muary 30, 1995 - 9- ADM NISTRATIVE REPORT TO: Honorable Mayor and City Council APPROVED FROM: Judy K. Skousen, City Attorney DEPARTMENT HEAD ~ DATE: January 4, 1995 CITY ATTORNEY ~ CITY MANAGER ~-~ SUBJECT: An Ordinance Repealing Chapter 5.52 of the Bakersfield Municipal Code Relating to Tow Trucks. RECOMMENDATION: Staff recommends adoption of ordinance. ~l~ACKGROUND: At its meeting of December 14, 1994, Council adopted the resolution setting rates and equipment specifications for tow trucks and held first reading of this ordinance. On October 27, 1993, representatives-of the Police Department, City Manager's Office and City Attorney's Office met with current tow truck permitholders to discuss these proposed amendments. Suggestions from the permitholders were incorporated into the resolution. The permitholders agreed, with the proposed resolution and contracts, and the repeal of the ordinance. Approximately one year ago, Staff provided a draft of the changes to various community groups and tow truck industxy associations for their review and comment. None were received. The Budget and Finance Committee met on this issue several times and expressed concerns regarding a sunset clause for rate review and a local, preference for tow truck businesses. Letters will be sent to operators on the waiting list that will put them on notice that preference will be given to businesses located within the City limits. Staff has also added a clause to the contracts providing for bi-annual rate review. The Budget and Finance Committee recommends approval of the resolution and ordinance. Currently, the City refers towing services to incidents pursuant to an ordinance requiring a permit for those who wish to provide such services to the City. This is more appropriately done by contract with these businesses. LCM/meg/K- 12\TowTruckXAdmin-db. Rpt January 4, 1995, 10:15am ADMINISTRATIVE REPORT Page 2 Council meeting of 1/11/95 Re: Tow Truck Services Under the current tow ordinance, only six towing services are available to tow for the Bakersfield City Police Department. Under this ordinance, there are no provisions for medium- or heavy-duty towing. The current tow list does not specify equipment specifications and tool lists that the operators should comply with on their tow vehicles~ Under the proposed contract system, it would specify light-duty, medium-duty or heavy-duty towing and their individual specifications. The new resolution contract system would bring uniformity to all agencies throughout our area. Under the proposed resolution, the equipment specifications, tool lists, etc., will be in compliance with the specifications and standards adopted by the California Highway Patrol. Under the current tow ordinance, it lists a permit application procedure in order to be placed on the Bakersfield Police Department Tow Rotation List. This application procedure is outdated and is not useful in selecting tow services to be considered for use on the tow list. The new contract system will allow the City to have better control over the actions and services of the tow companies, i.e., response time, accident scene responsibility, equipment requirements and equipment maintenance. Under the current ordinance, tow companies are allowed to tow unsafely by towing larger vehicles with smaller, inadequate tow trucks. The new contract system would specify what the tow truck is capable of towing safely and legally. Under the new contract system, a medium-duty and heavy-duty tow list will be established outlining specifications and requirements. This will enable the City to have access to six ~,~nedium tow companies and three heavy-duty tow companies and meet the new specifications and safety {~andards set forth in the new contract. The limitation on the number of contracts the City may enter into is contained in the resolution. ' In the proposed resolution, rate increases requested are in regard to the heavy-duty storage rates and the heavy-duty uprighting overturned vehicles rate. Indoor storage for heavy-duty vehicles is proposed to increase from $11.00 to $16.00 per day, a $5.00 increase. Outdoor storage for heavy-duty vehicles is proposed to increase from $8.00 to $11.00 per day, a $3.00 increase. Setting overturned vehicles on wheels is proposed to increase from $25.00 to $50.00, a $25.00 increase. The increases in storage rates for heavy-duty vehicles is due to the additional, space required for storage, compared to smaller vehicles. The increase in setting overturned vehicles is due to the extraordinary equipment required to perform this service for heavy-duty vehicles. These fees were adapted from the current rate schedule from the local California Highway Patrol Rate Schedule. This ordinance repeals the ordinance mandating a permit in order to Provide tow services at the request of the City. The Police Department is in the process of obtaining signatures on contracts from the tow services currently holding permits. The rates set out in these contracts are those adopted by resolution of the Council. Similarly, equipment specifications set forth in the contracts are those set by Council resolution. LCM/meg/K- 12\TowTruckLa, dmin-db. Rpt. January 4, 1995, 10:15*un ORDINANCE NO. AN ORDINANCE REPEALING CHAPTER 5.52 OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO TOW TRUCKS. BE IT ORDAINED by the Council of the City of Bakersfield as follows: SECTION 1. Chapter 5.52 of the Bakersfield Municipal Code is hereby repealed. SECTION 2. This Ordinance shall be pOsted in accordance with provisions of the Bakersfield Municipal Code and shall become effective thirty (30) days from and after the date of its passage. o0o MECHANICAL ROOM SLAB DAMAGE #3 SPAULING AND HEAVING OF THE REINFORCED CONCRETE SLAB AT THE MECHANICAL ROOM. #5 UNDERSIDE OF CONCRETE SLAB SHOWING RUST SEEPAGE. #6 STEEL SUPPORT BEAM AT UNDERSIDE OF SLAB. DAMAGE AT EXTERIOR CONCRETE WALL. NOTE DETERIORATION OF REINFORCEMENT.