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HomeMy WebLinkAbout1986 OFFICE MEMORANDUM - KERN COUNTY TO: SUPERVISOR MARY SHELL DATE: November 10, 1986 COUNCILWOMAN PAT SMITH/ FROM: R.S. Holden/~' -/~/Jf~z~'~---' County Administrative Officer SUBJECT: Policy on Naming City/County Facilities Covered by a JPA During the October 17, 1986 meeting of the Intergovernmental Relations Committee, Councilwoman Pat Smith made a report relative to a recom- mended policy for naming city/county facilities covered by joint powers agreement. The recommendation resulted from a sub-committee assignment you were given during a previous IGRC meeting. The elected members present during the October 17, 1986 meeting of the IGRC approved the policy recommendation and the next step is to seek ratification by the full City Council and Board of Supervisors. I have prepared a draft report for your approval that would be placed on the agendas of the Council and Board to seek such ratification. Please review the attachment and, if it meets with your approval, I will place it on the Board's agenda and provide a copy to Mr. Caravalho so he can take counterpart action with the City Council. Please feel free to make any changes to this draft. RSH/cme Attachment cc: Pauline Larwood, Supervisor George Caravalho, City Manager DRAFT November.. 10 ,_ ~19.86 ............................... Board of Supervisors County of Kern 1415 Truxtun Avenue Bakersfield, California 93301 City Council City of Bakersfield 1501 Truxtun Avenue Bakersfield, California 93301 .Dear Board and City Council: Intergovernmental Relations Committee Policy Recommendation: Naming Joint City/County Facilities Covered by a Joint Powers Agreement (JPA) The question Of naming joint City/County facilities covered by a JPA was recently referred to the Intergovernmental Relations Committee (IGRC). The committee acted to create a subcommittee the membership of which consisted of Councilwoman Pat Smith and Supervisor Mary Shell. The subcommittee has now reached a recommended policy which was ap- proved by the IGRC during its meeting of October 17, 1986. The recommended policy is as follows: Board of Supervisors and City Council November 10, 1986 Page 2 That the City of Bakersfield and the County of Kern not act to name City/County facilities covered by a Joint Powers Agreement unless there is a citizen's request to do so. Th~ naming of such-~°int city/county facilities would only b~ considered on the basis of public requests. Since the preparation of this policy statement resulted from a referral to the Intergovernmental Relations Committee and since the Intergovern- mental Relations Committee approved this policy recommendation during its October 17, 1986 meeting; IT IS RECOMMENDED that the Bakersfield City Council and the Kern County Board of Supervisors adopt this policy recommendation and direct that it be implemented. Sincerely, Mary K. Shell Supervisor Pat Smith Councilwoman RSH/cme/CERHBS cc: George Caravalho, Bakersfield City Manager R. S. Holden, Kern County Administrative Officer County Administrative Officer Kern County Civic Center 1415 Truxtun Avenue Bakersfield, California 93~1 ~ ~ g~'~ ~rge ~avalho, B~ersfield Ci  City ~ci! - City of B~ersfield '~ 1501 ~t~ Avenue ~sfield, ~lifo~ia 93301 ii:h,,:lh',,h,lt,,,,: '" Subcommittee Report TO: Intergovernmental Relations Committee FROM: Councilwoman Pat Smith & Supervisor Mary K. Shell Re: Naming of Joint Facilities At the last meeting of the committee we were asked to study and recommend a policy to cover naming of facilities jointly owned and/or operated by the City of Bakersfield and County of Kern. This request was prompted by a suggestion that one such facility be named to honor an individual. After discussing the issue, it is our recommendation that the city and county adopt a policy of refraining from naming joint facilities after an individual, unless such a request Comes from people of the community. In that instance, the request would be considered by each agency in accor- dance with current procedures. Pat Smith S 11 Councilwoman, Third Ward City of Bakersfield OFFICE MEMORANDUM . KERN COUNTY October 15, 1986 TO: Members'of Intergovernmental Relations Committee Supervisor Pauline Larwood Supervisor Mary K. Shell City Councilwoman Pat Smith City Councilman Rollie Moore City Councilman J. M. Christensen FROM: R.S. Holden~.-~.. County Administrative Officer SUBJECT: Supervision of Inmate Work Crews: County Counsel Opinion with Supplemental Advice from State Department of Corrections The enclosed-County Counsel opinion and supplement are provided to you as a result of the long discussion the IGRC conducted on the subject of inmate work crews during its September 5, 1986 meeting. This discus- sion was prompted by the Sheriff's then recent decision to discontinue the provision of inmate work crews to a wide variety of government agencies, including the City of Bakersfield and several County departments. The essence of County. Counsel's opinion is that the Sheriff does have discretion in prescribing the supervision of inmate work crews. It is not, however, a legal requirement that such supervision be provided by a peace officer or a correctional officer. The Sheriff's Department is developing a program to train individuals who will supervise the working inmates. This training program is expected to be available by November 1986. The Sheriff's Department will provide inmate laborers on a contract basis. It is suggested that any questions regarding interpretation of the enclosed opinion and supplement be directed to Deputy County Counsel John Irby. Questions regarding the Sheriff's training program Should be directed to A1 Gutierrez, Chief Deputy. This office will be happy to help facilitate communication on the matter if there is a desire for us to do so. .' RSH/k vg/6 RSH IRC Attachments cc: George Caravalho, City Manager Mary Strenn, Deputy City Manager Bernie Barmann, County Counsel Randy Abbott, Director of Planning & Development Services Geary Taylor, Director of General Services L. Dale Mills, Director of Public Works Sheriff Kleier CAO Senior Staff OFFICE OF THE COUNTY couNSEL° COUNTY OF KERN MEMORANDUM TO: Sheriff Larry Kleier DATE: October 6, 1986 Attn: A1 Gutierrez, Chief Deputy Detention Bureau FROM: B.C. Barmann, County Counsel By: John R. Irby, Deputy SUSJECT: Supplement to Opinion dated September 15, 1986 Concerning Inmate Work Program Forwarded herewith is the opinion of Mr. J~ W. Pederson, Field Representative for the State Board of Corrections, which was requested by this Office. It was requested due to the fact, so we are informed, that conflicting inferences were drawn from Conclusion No. 1 of the above-referenced opinion. One conclusion reached in the attachment is that the Minimum Jail Standards do not apply to inmate work crews while working outside of a detention facility. To the extent that this conclusion is inconsistent with said Conclusion No. 1 or any reasonable inference that may be drawn therefrom, Conclusion No. 1 is hereby made inoperative. A second conc'lusion reached in the attachment is that the qualifications of personnel assigned to supervise such work inmate crews rests within the discretion of the Sheriff.~ This is consistent with Conclusion No. 2 of our September 15, 1986 opinion. Please be further advised that section 1060 of Title 15 California'Administrative Code has been repealed. There was no notice of the repealing Register prior to issuing our September 15, 1986 opinion. The repeal of section 1060 does not affect our opinions. JRI:drb 86.2110 205H i Co. Counsel 580 1210 048 ¢1-78) . y/. ,~;;" .. ./,~;'a '. September 30, 1986 ~. John Irby Office of County Co~sel 1415 Triton, Room 500 B~ersfteld, California 93301 Dear Mr. Irby: I ~ confirming our conversation of September 29, 1986 concerning supervision of t~te work crew. California A~tntstrative Code, Title 15, kno~ as the Minim~ Jail Standards, covers supervision requirements for Jail i~ates while incarcerated in a local de- tention facility only, and does not apply to work cre~ outside of the Jail. I am ~rsonally unaware o[ any code section ~hat requires ~o ~ supervised by a correc~ional o~f[cer or peace o[ficer while an outside work crew. This Is [e[t to ~he discretion o[ the sher- iff. Sincerely, ' c: Jerry Findley, Undersheriff OFFICE OF. THE COUNTY COUNSEL, COUNTY OF KERN MEMORANDUM TO: Sheriff Larry Kleier DATE: September 15, 1986 Attn: A1 Gutierrez, Chief Deputy Detentions Bureau FROM: ~ B. C. Barmann, County Counse1 By: John R. Irby, Deputy SUBJECT: Inmate Work Program This responds to your inquiry on the above subject re- ceived here September 10, 1986 requesting an early response. INQUIRIES 1. Is the Sheriff's Department, in allowing other than trained Correctional Officer personnel to supervise inmate work crew activity, in compliance with the provisions of sections 1027 and 1060 of the established minimum jail standards set forth in Title 15 of the California Administrative Code? 2. May,the Sheriff dictate the assignment of supervisory personnel for inmate work crews? (Government ~Code section 25359.) 3. Could the Sheriff's Department be held civilly liable for injuries to or by inmates while on work crews? CONCLUSIONS 1. No. It is not possible for trained persOnnel to have "intermittent direct visual supervision" of an inmate as required by section 1027 of Title 15 if such personnel 'are not supervising a work .crew. Further, it is clear from your inquiry that under past Practice "sound security policies" as required by section 1060 of Title 15 have not been in effect as a consequence of lack of direct supervision of inmates by trained personnel. 2. Yes. Section 25359 of the Government Code isrexplicit on this point when it states that inmates shall be "under the di- rection of a responsible person appointed by the Sheriff .... " Thus, under section 25359, the Board of Supervsiors has responsi- bility for determining the need for inmate labor but the Sheriff remains responsible for security and supervision of inmates. (See also Penal Code sections 4017, 4018 and 4024.2.) 3.~ Yes. There is always potential civil liability sur- rounding injuries to or by inmates. (Gov. Code §§844 and 844.6 including annotations thereto; California Government Tort Liability Practice, Arvo Van Alstyne §§416 and 417.) Co.Counsel 580 1210 048 (1-78) Sheriff Larry Kteier September 15, 1986 Page 2 DISCUSSION Conclusion (1): The problem posed is~viewed as a legal question only in the narrowest technical sense rendering it far more susceptible to a practical solution than a legal one. If trained personnel are necessary to provide proper security for working inmates, then trained personnel should be used. · If you feel'that .your Department should not be responsible for paying such personnel while supervising inmates working for other depart- ments or entities, you shouldrequest the Board of Supervisors to require such departments or entities tO pay for the services of the trained personnel. Conclusion (2): The thrust of Inquiry No. 2. is to deter-~ mine what person or entity has control over inmate work programs. The statutes on the sUbject (Gov. Code §25359 and Pen. Code §§4017, 4018, and 4024.2) reveal that there is a division of authority. Under these sections, the Board of Supervisors may "provide for," "order," or "authorize" the working of inmates. The inmates put to WOrk shall be "under the direction of a responsible person appointed by the sheriff." (See section 25359 and 4024.2.) The Sheriff thus has control of who shall supervise the working in- mates. (The phrase "appointe--d--by the Sheriff" was added by the 'Statutes of 1907. This rendered inoperative the decision in Hicks v. Folks (1893) 97 Cal. 241, which held that the Supervisors had complete control over inmate work programs.) The second paragraph of section 4017 does not alter this conclusion. This paragraph con- cerns Workers' Compensation, the safety of inmates, and the quality of their work in connection with the prevention and supression of forest fires. It does not address itself to the problem of inmate security. (Pruitt v. Worker.s' Compensation Appeals Board (1968) 261 Cal.App.2d 546, 551-52.) Pursuant to its authority to provide for inmate work pro- grams, the Board has issued the two Orders attached. The first, dated December 18, 1944, directed that inmates shall'perform labor "under the custody of the Sheriff or his deputies .... " Penal Code section 1203.1, cited in the Order, is still in effect and triggers the application of Government Code section 25359. Political Code section 4041.12 is the precursor to current section 25359. Current section 4017 of the Penal Code was then in existence but was not cited as authority, for this Order. The second, dated March 29, 1983, adopts the provisions of Penal Code section 4024.2. (See also the letter to the Board from Sheriff Kleier which is attached to the Order.) Finally, I note that Penal Code section 4018 gives the Board the authority to "prescribe and enforce the rules and regu- Sheriff Larry Kleier September 15, 1986 Page 3 lations under which such labor is to be performed... " Thus, if the Board so desires, it ~may require that security for inmates while performing work for other Departments be paid for by the Department receiving the benefit of the labor. Conclusion (3) No~discussion'required. JRI:drb 203E JOHN KERN GENERAL HOSPITAL : COUNTY Of kerN' ). STATE O~ · . ~,.[. . Nov~er ~, 19~. , i . B~ersfield, C~ifo~a · .:~' Gentl~: ,~:.,,.}, We request your Approv~ for. ~e use of ten or twelve · .~['~<:'":' Co~ty prisoners ~ be used~E"[he ~o~ds at · '.':'::,'~ :.. Sheriff Loust~ot states ~at these men may be ~arded ~,-~. by ~ ~med deity, ~d that we ~ll be required to '"~'::- · '.. from the J~l We ~ be ~le to meet both of these . '"::C:~' If this project meets wi~ yo~ approve, will you .~~:' ~y autho~ze" the necess~ Co~t Order? .~.,"2F~.':, . Yo~s ve~ t~y, ,......... ..... E~ . ~ ~. A. Roberts,' · .,."~ ~c/ 1 ~ . .'~M~ager of Me~c~ Institutions '~':"" ';'"' 7' ::..¥' ~'~.~.. " '' 'N~IBERT ~AUMGARTEN '" ~ *~ TEL. 7-7154 - 7-7671 · .. G~tlemen: Pur~u~b to Sections ~0~.12 of the Po~tic~ Code ~d 1203.1 of the /~'~ '., ' ' Penal Codo gh~ Board ha~ ~he power [o orde~ d~l pr~one~s ~o work :~>~.,-.., .... . ghSs quosg~on e~ up ag [he 'las[ mee~Sng concerning [he powe~ of .~,i....~:.::~..... Sheriff [o peri ~hSs work. I su~ here~h a fo~ of order for .:~ :~.~?? . your action, in the event it is desire to authorize, such labor. , .,' Ve~ truly yours, ';;': .;15' ~,.. t [-? ~EREAS, Section ~0~1.12 of the Political Code permits the Board i~"'"'~':'"~'i;~'~:?~ of Super~sor~ to' authorize the working of prisoners held after conviction fo~ a ~sd~e~or in the Co~ty J~l to work on certain pubic works as described ~here~n~ ~d Section 120}.1 of [he Pen~ Code ox[end~ ~he pe~ssion giv~ ~ s~d. Section 40~.12 of the Political Code to ad~t~ ..-:: · confined in s~d j~l to a probation~ sent~ce; .:...}: '[~' i .~j. '~ ~ seconded by Super~so~ Woollomes ..: , IT IS H~EBY O~EI~D that · .': prisoners who are eonf~ne~ ~ [he Kern Co~7 d~l ~der fSn~ Jud~en[ .}~;.. of ~p~so~g rendered ~n a er~m~n~ ac[ion or proeee~ng~ ~d ~7 adul[ ~:~{~.~!..,% porson 'eonfSned ~here~n a~'a eonS[ton og prob~t~on ~n such ae~on o~ ~;; ~' :~: ~:'?~ ... .. '.Ts'~'.,: .: '?.. "-';'~'~':'~ '" proeee~ng~ shall pergor~ labo~ on public grom~ds~ roads~ s[,eegs~ alXeTs~ ::~:':..':.' high~aTs ~d ~lOings of' ghe Co~g~ of Kem~ and on such o[her places :~:.}// as ma7 be hereaf[e~ deemed ad, sable. j~:.~. ~ Oepargm~[ 0~ ~he C.o~[7 requ~r~g such labor shall req~s~[ion ?:~:~ the.n~ber of prisonerS.req~red from the Sheriff. .... -'"'~" ~ ~. ~ch prisoners w~le perfo~ng such labor ~d while goi~ from ~' ~dre[~ng ~o ghe Co~7 d~i.sh~l be ~der ghe cas[od7 of ~he Sheriff ;~.~: ../.. ': ~. ~.~ "t°r his deputies ~d sha~ not be pe~tted to co~ica[e with ~y ~authorized .p~r'Son ..u'...'L ' .." 't~ · . . . -. ' ~'~('.:.':' "~ :')'"" The eo~g of gr~spor[~g such prisoners sha~ be a charge on ~he · ? .... . .~. ' The f~regoing.~e~olug~on was ~17 ~0 re,afl7 passed ~d aOop[ed ' ~['~':'.:'lSth day of Decmber, 19~'..by the f°llo~g vote, to-~t: · '""'~':~ ':'.':.".:'~'" ' Ayes:.-? 'Wooll°mes, Harty, Bavin, Noon . : Noes: None ~ .? .............. _ .... ~ · 5. 5~, ;~ ' F I L :~7 .'~' '~ ~' ?,.,' ~ J - ~ _ ... ..... ~...,~ "~}"' ' ~~ OF Su~'~f.'.v~ :"~ Y .~.,. :.:.. -. :. ,~ ~" , BOARD OF SUPERVISORS, COUNTY OF KERN Summary of Proceedings 10: 00 A.M. Board of Supervisors Regular Meeting 3 / 29 / 83 Supervisors: Tackett, Austin, Larwood, Harvey, Mitchell M. V. RADEMACHER Y(~~.~~, Clerk By. M. V. Rademacher Board of Supervisors Deputy Clerk A-T 18) .Request Board adopt provisions of Penal Code Section 834676 Ayes 4024.2, authorizing Sheriff to offer work release pro- Ab/M gram - APPROVED ": SHE,RI FF',~ DEPARTMENT ',~. LA'RRy KLEIER Telephone (805) 327.3392 Sheriff · BY 02DEf~ OF THE 8D/$UPV.' Post Office Box 2208 Bakersfield. California-93303 ............................................................... March 18, 1983 .......................................................... CQ:~ies furnished, Board of Supervisors Filed By 8d./$upv. County of Kern Kern County Civic Center. M.V. RADEMACHER, Clerk 1415 Truxtun Avenue of Board of Supe~isor, Bakersfield, California 93301 ,.~..~.._.~..J.g..8_~.__ Dear Honorable Board: The Kern County ~Jail System is suffering from seVere overcrowding. As you know, we are in the process of a "needs assessment" in order to compete for state monies for jail construction available through the Proposition Two Bond Issue. One of the criteria that will be used to evaluate the applications for the state monies will be the extent the county has used alternatives to incarceration to help relieve over- crowding. Penal Code Section 4024.2 allows the Sheriff, with Board of Supervisors authorization, to offer a voluntary program under which any person committed to a facility may perform ten hours of labor on the public works or ways, including but not limited to, streets, parks, and schools, in lieu of one day of confinement. Authorization of this program would assist in our efforts to reduce the overcrowding, and would be beneficial in the evaluation of our applica- tion for state monies for jail construction. It is recommended your Board adopt the provisions of Penal Code Section 4024.2 authorizing the sheriff to offer this work release program. Sincerely, LARRY KL]~ IER cc: Each Supervisor CAO 'Sheriff Grand Jury County of Kern PLEASE AODRES~ ALL COMMUNICATIONS TO THE SHERIFF OFFICE MEMORANDUM · KERN COUNTY October 10, 1986 ' '~'~":~E'R'8 OFF;CE TO: Ne~be~/In~e~gove~n~ental ~eZat~ons eo~ittee ~upe~v~o~ PauZ~ne Ea~ood eit~ Co~neiZ~oman Pa~ ~m~th ' City C°unc~n J'c >Zg:Zensen R. S..Holden~-~ '.) ~;~~ FROM: County Admin~t~%e'~f~r --~ SUBJECT: Notes from September 5, 1986 Intergovernmental Relations Committee (IGRC) Meeting The last IGRC meeting occurred on September 5, 1986 and the purpose of' this memorandum is to summarize the matters discussed during the meeting. Discontinuance of Inmate Work Crews. Sheriff Larry Kleier and Corrections Division Commander A1 Gutierrez were present when this topic was discussed. Mr. Caravalho expressed concern that the City was not informed that the inmate work crews were to be discontinued and was unaware of operational problems concerning the use of inmate'work crews. He indicated that the City Council wants the program reinstated and that the problems involved with abuse of the work crews should be resolved. Sheriff Kleier indicated that his department has been concerned about the work crews since November, 1985. He indicated that the inmates were not being well supervised and that alcohol and drug abuse had occurred among the work crew inmates. Many problems existed and the Sheriff indicated that the County Counsel determined that there was liability exposure because of the use Of the work'crews. The decision to discontinue the inmate work crew was made to reduce County liability. The Sheriff expressed the opinion that he had no choice but to cut off the work crews. There was simply too much liability exposure. His department is working with the Courts on a work-release program. The Courts, however, are adamantly opposed to such a program. This has been a tough budget year and the Sheriff continued that the liability exposure was the main consideration. ~Members/Intergovernmental Relations Committee October 10, 1986 Page 2 Commander Gutierrez indicated that he had met with the Sheriff's staff and the instances where inmate work crews were not appropriately supervised were discussed. The instances continued and the decision was made to recommend this continuance to the Sheriff. The CAO analyst, among others was informed and a. letter was sent out ~to the agencies Who participated in the inmate work crew program. The Commander continued that a meeting was held with the participating agencies and alternatives were discussed and a termination date was discussed. The Commander indicated that the decision to discontinue the inmate work crews was not a sudden one. There was a meeting of the participating agencies last year during which the Sheriff's office expressed its concerns'but the supervision continued to be poor. Guidelines were put out during that meeting in 1985. Mr. Caravalho asked to' know the instances where City inmate work crews were involved. The response indicated that there had been intoxication among certain of the inmates assigned to the City and irregularities relative to lunches provided to the inmates working at the City Corporation Yard. Sheriff Kleier indicated he did not want to get into specifics because of law suits. Mary Strenn inquired whether there were wide spread instances of poor supervision of inmates. The Sheriff responded affirmatively and indicated that almost all agencies provided inadequate supervision. The Museum, Parks, etc. were mentioned. The sheriff indicated that the Government Code provides that the inmates must be supervised and the current practices were not in compliance with the law. Commander Gutierrez then explained that agencies can acquire inmates but the agencies must pay for their supervision. The Commander indicated that the work release program is different than a work furlough program. Under a work furlough program, the inmates work out of the jail and the County must continue to feed the inmates. The Commander indicated that there is a need for one supervisor for every ten inmates and this is a minimal standard. The Sheriff's office would support a work release program if it is implemented but the Courts are now opposed to such a program. The Commander indicated that the law requires that inmate supervisors must be appointed by the Sheriff. There should also be a liability indemnification if the program is to be continued. Sheriff Kleier indicated that the liability exposure far outweighs the cost of the program and that $1,000,000 minimum coverages are required. The Sheriff indicated, because of budget constraints, that he was laying off thirty-five extra help employees on September 5th, and that these laid off employees could be interested in inmate supervision Members/Intergovernmental Relations Committee October 10, 1986 Page 3 jobs. off-duty employees would receive time-and-one-half and would be more costly than the use of the laid-off extra help employees. Mr. Caravalho indicated that the City wants the program reinstated and there should be an exploration of ways to achieve reinstatement. County Counsel Bernie'Barmann indicated that he had not been personally involved relative to the Sheriff's request for legal advise relative to the inmate work crew program. Mr. Barmann indicated his need to look into the matter and that he would prepare a formal report to the Board of Supervisors and the Sheriff. Councilman Moore indicated that the City has a big stake in the con- tinuance of the program. The Councilman wanted efforts to reinstate the program to proceed. Sheriff Kleier indicated that he is a supporter of the use of inmate labor. He cited the construction of the barracks at the Lerdo Facility as an example of what inmate labor Can produce. He indicated that County liability is the issue that will continue to expIore possibilities with the County Counsel's Office. Fair Housing Guidelines. After a brief discussion, the decision was made to refer the Fair Housing Guidelines to the Fair Housing Advisory Board. Naming of Joint City-County Facilities. This matter was continued and a subcommittee of Councilwoman Pat Smith and Supervisor Mary K. Shell was formed to address the matter of naming joint City-County facilities. City Financial Participation and City-County Projects. At the present time, there are no less than three City-County projects which are not funded in the City budget. These, using City budget figures, are as follows: -- City share of County fire station at Landco and Rosedale - $ 150,000 -- Purchase County fire station Brundage and Union- 275,000 -- City share of Burn Building at Olive Drive Training Center - 150,000 TOTAL $ 575,000 Members/Intergovernmental Relations Committee October 10, 1986 Page 4 The Burn Building project had been delayed by'the Board of Supervisors to determine City funding intentions. Mr. Caravalho indicated that the Burn Building has a high priority but is unfunded in the City budget. The willingness to fund this project is present, but the question relates to ability and to timing. Mr. Caravalho explained that it would be necessary for the City to cancel another project in order to fund the Burn Building and other City-County projects. The matter was -referred to Mr. Caravalho and the County Administrative Officer t° report back to the Intergovernmental Relations Committee. Downtown Parking Structure. County General Services Director Geary Taylor indicated that there is a need to determine City funding participation particularly since such participation will affect the design of the parking structure. Mary Strenn indicated that the City's paid parking will affect the design of the struCture and there is a need to meet on this aspect to appropriately plan the structure. County Public Works Director Dale Mills indicated that the County is working on the Administrative Facility's space requirements. There is a need to hire an architect and a decision on site selection is needed prior to the end of the year. Geary Taylor, in keeping with the urgency of the site selection process for the Administrative Facility, then spoke about the preferred site on Truxtun Avenue. He indicated that the appraisal process is under way and spoke of the expectations of the property Owners involved. The hope is that the appraisal will come in at a level that will allow acquisition of the preferred site. The appraisal work is to be completed in October, 1986. Supervisor Larwood then spoke of the way to proceed with the City- County effort. The City and County staff need to meet and the Capital Projects Task Force would represent the County. Mary Strenn asked questions relative to the process and it was decided that she and Geary Taylor should meet on the matter. Design of this facility is a most significant consideration. City General Plan. The matter of the City General P~an was placed on the IGRC agenda by Councilman Moore. Councilman Moore indicated that the City General Plan constitutes an extensive document and there is a need for dialogue and discussion. Mr. Caravalho then picked up the discussion and indicated that the General Plan is an opportunity for City-County cooperation. He indicated that the City is looking at a plan that will be made public soon. Members/Intergovernmental Relations Committee October 10, 1986 Page 5 Mr. Caravalho then delivered his understanding of County concerns relative to the City General Plan. He spoke of the CSA 71 services and projects and. the City annexation actions, principally in the northwest portion, and the press reports relative to these matters. Mr. Caravalho indicated that the City has a big interest in the northwest and in the south. The sphere of influence policy of the County influences City planning and considerations of air quality and cost of infrastructure also impact city planning decisions. Mr. Caravalho continued that the essence of the effort is to use the General Plan process to improve communications. The General Plan process can be used as a vehicle for putting all the issues in focus and to avoid a lack of communication or miscommunication on the issues. Mr. Abbott asked Mr. Caravalho what he meant by lack of communication. He offered the opinion that the City wants to stop County projects in the City sphere of influence. Mr. Caravalho responded that there is a lot of concern and asked the County's attitude relative to urban development outside the sphere of influence. From the City's prospective, the plan should be based on the same planning standards inside and outside the sphere of influence. Mr. Abbott then asked Mary Strenn if the County isn't responding to requests for meetings. Mary Strenn indicated "yes" and continued that sewer service is important to the provision of urban services. Supervisor Larwood then asked whether the issue is whether CSA 71 will build a sewer plant? Both Mary Strenn and George Caravalho answered affirmatively that that was one of the issues. It was suggested that there is a need 'for more time to discuss the issues than was available during the IGRC meeting and that there was much more to the considera- tions than just the CSA 71 sewer plant issue. Another issue is the issue of reducing the area of CSA 71 to provide 'for City expansion. Supervisor Larwood indicated there was a philosophical difference involved. She is one supervisor that is not going to force issues that represents a municipal point of view on the public. Mr. Abbott agreed that the General plan 'is a good tool. Mr. Mills indicated that Mr. Caravalho was not correct regarding CSA 71. CSA was created to provide sewer monitoring but also may provide sewer service. Mr. Caravalho indicated that he was looking for a compromise between the City and the County. There is a need to sit down and develop a complete strategy. Mr. Abbott then gave a historical sketch to respond to the 15 year sphere of influence review previously stated by George Caravalho. Members/Intergovernmental Relations Committee October. 10, 1986 Page 6 Supervisor Larwood held out that public discussion should occur relative to the issues being discussed. Councilman Moore then gave his rendition-of the creation of County ~Service Area 71. He indicated that the County did not inform the City ~and that~the City and LAFCO both opposed the formation of CSA 71. Mr. Mills indicated that LAFCO had to approve the formation to meet ~kegal requirements. Mr. Abbott indicated that there may be a need for a subcommittee of the City Council and Board of Supervisors members. He indicated that the staff of the City and County is communicating but there is a need to talk to the Supervisors first. Supervisor Larwood indicated that she had no problem with City/County policy determination meetings but it should occur in the public arena. Next meeting of the IGRC is scheduled for October 17, 1986 in the customary noon'luncheon setting. The City will host this upcoming meeting. RSH/dm/8RHINTER cc: George Caravalho, City Manager Mary Strenn, Deputy City Manager Bernie Barmann, County Counsel Randy Abbott, Director of Planning & Development Services Geary Taylor, Director of General Services L. Dale Mills, Director of Public Works Sheriff Kleier CAO Senior Staff ADMINISTRATIVE OFFICE ADMINISTRATION AND COURTS BUILDING COUNTY ADMINISTRATIVE OFFICER 1415 Truxtun Avenue R.S. Holden Tele~one (~5) ~1-2371 ASSISTANT CO. ADMINISTRATIVE OFFICER Edward E. Rous ADDENDUM TO PUBLIC WORKS ITEM #40 ~k~ield, Cali~rnia-9~01 September 2, 1986 Board of Supervisors ~!. ~,~ , , -, OF~CE County of Kern 1415 Truxtun Avenue Bakersfield, CA 93301 Re: Authorization to Advertise-Burn Building, Fire Training Facility, Olive Drive (COP) The County Administrative Office has developed the following information about the proposed Burn Building for the Fire Training Facility. The County and the City of Bakersfield entered into an Agreement for the Joint Use of the Olive Drive Training Facility on March 6, 1984. With regard to costs of construction at the Facility, this agreement states, "Capital expenditures such as buildings, major equipment and major maintenance, will be funded equally on a 50-50 basis with mutual agreement by both parties prior to the commitment of funds." It further states, "The County will assume responsibility for the budgeted monies for the Drill Grounds~costs, applying proportionate costs to the City .... " Funding for the fifty percent City share of construction of the Burn Building was not included in the FY 1986-87 City budget. The City ~ Manager's Office and the City Fire Department have indicated that the project is desired, but that budgeting of the City share of the construction'cost in the future cannot be guaranteed as such budgeting will be dependent on the financial limitations of the City in future years. This office has been advised by the County Fire Department that construction of a Burn Building for training of County fire suppression personnel is among the highest of funding priorities of the Department. The realistic fire fighting eXperience to be made available through a Burn Building is critical to assuring that the most effective fire fighting services will be provided for the County. Currently, such training experience is available only as structures are 'donated for this purpose, and this does not necessarily allow customizing training for particular circumstances or scheduling as needed, i~'the City share of funding for the-Burn Building construction shOuld be unavailable, the County Fire Department is prepared to forego Board of Supervisors September 2, 1986 Page 2 expenditures budgeted for other purposes in °r~er to offset the lack reimbursement from the City and allow Burn Building construction. Because construction of a Burn Building is necessary to allow provision of the most effective fire suppression service for the County, IT IS RECOMMENDED the Board: 1) Approve the advertisement of the project and authorize the Public Works Department to publish the Notice to Contractors, and 2) Direct the County Fire Department to pursue previously anticipated reimbursement by the City of Bakersfield of fifty percent of construction costs. Sincerely, R.S. Holden County Administrative Officer. RH/Cn/.BCBA92 cc: Fire Department, City and County Bakersfield City Manager's Office Public Works Department 331 - 18th STREET P. O. BOX 2306 BAKERSFIELD, CA 93303-2306 REALTOR® BAKERSFIELD BOARD OF REALTORS® TELEPHONE 325-7221 July 2, 1986 Mr. Rollie Moore, City Councilman Ward 5 217 E1 Tovar Court Bakersfield, CA 93309 Dear Rollie: Enclosed is a copy of a letter and request the Bakersfield Board of REALTORS has sent to Vernon Lowe, Director of the City/County Fair Housing Services Department. We hope that you will personally review the Guidelines for testing for illegal discrimination in housing that has already been jointly agreed upon by the National Association of REALTORS and HUD, and also approved by our Directors. We ask that these Guidelines be adopted by our City and County as the official Guidelines for any testing to be done under the programs of the Fair Housing Services. Please call me if you have questions concerning any of the materials. We hope you will give these Guidelines your enthusiastic support for adoption by the City and therefore by the Fair Housing Services. Thank you for your consideration and assistance. President ph Enclosures 331 -18th STREET P. O. BOX 23O6 BAKERSFIELD, CA 93303-2306 REALTO~®' BAKERSFIELD BOARD OF REALTORS® TELEPHONE325-7221 July 2, 1986 Mr. Vernon L. Lowe,Director Department of Weights and Measures/Fair Housing County of Kern 1116 East California Avenue Bakersfield,CA 93307 Dear Mr. Lowe: You may be aware that the National Association of REALTORS® and the U.S. Department of Housing and Urban Development have approved a package of guidelines to govern federally financed housing discrimination testingunder the proposed Fair Housing Initiatives Program (FHIP) now before Congress. REALTORS® under these Guidelines are supporting the HUD funding proposal. The Bakersfield Board of REALTORS®also endorses these Guidelines and testing and we request that the City/County Fair Housing Advisory Committee adopt these Guidelines for the work of the City and CoQnty Fair Housing Services. These Guidelines are the results of two years of meetings and negotiations by top REALTOR®officials and the top advisors to the Fair Housing programs of HUD. They provide for testing programs to assure that federal and state laws are being upheld,and.they outline a methodology which assures objective,reliable and ' controlled programs and resultant statistics. Your inclusion of these Guidelines in the proposals you ask the City and County to adopt will be good news for local citizens, especially those who m~y be the victims of discrimination. Their adoption would insure that the work by the Fair Housing Services would produce valid facts to deal with illegal discrimination instead of questionable practices designed to produce publicity and divide the community. We have sent these Guidelines to the Community Housing Resources Board appointed by HUD to help REALTORS® locally implement our Voluntary Affirmative Marketing Agreement. We are in hopes that the CHRB will give their endorsement to your adoption of.these Guidelines. We have also sent a copy to the Kern County Apartment Association and to the Building Industry Association of Kern County, in the hopes that all of these associations will endorse your adoption of these Guidelines. We are looking forward to working with the Fair Housing Services and its Advisory Committee, and with you as the Administrator for the program. Please feel free to call our office if we can provide any further information concerning the agreed-upon Guidelines for testing. Sincerely, KENNETH N. SWANSON PRESIDENT KNS:mlh Enclosures Ag'reed-upon guidelines for federally Editor's note: Following is the text of the guidelinesdeuelopedbytheNational financed testing Association pi Realtors and the U.S. De- partment pi ttousing and Urban Develop- ment for conducting testing under the pro- posed Fair Housing Initiatives Program. Testers: Individuals, who without an in- B. Application Requirements tent to rent, purchase or finance a home or General apartment, pose as renters, purchasers or 1. Applications must include: · The Private Enforcement Initiative of borrowers for the purpose of collecting evi- a. documentation stating that the appli- the Fair Housing Initiatives Program dence of discriminatory housing practices, cant has at least one year of experience in carrying out a progrr~m to prevent or elimi- (FHIP) authorizes the secretary of HUD to ' A. Eligible Activities nate discriminatmy housing practices; provide funds to non-profit organizations b. certification providing that the appli- or other public and private entities which Eligible testing activities must be con- cant will not solicit funds from or seek to are conducting programs to prevent or ducted in accordance with procedures con- . provide fair housing educational services or eliminate discriminatory housing prac- · tained in the application for assistance, products forcompensation, directly or indi- rices. These procedures shall include: rectly, to any person or organization which Under this provision, the secretary pro- 1. A formal recruitment process de- has been the subject of testing l~y the appli- vides funding on a competitive basis for, signed to obtain a pool of credible and ob- cant within the prior 12-month period; among other things, investigations in sup- jective persons to serve as testers. Recruits c. description of the process to be used port of fair housing judicial and adminis- must not have prior felony convictions, to recruit testers; trative enforcement efforts, convictions of crimes involving fraud or d. description of the tester training pro- The purpose of these investigations is'to perjury, gram; and e. copies of forms used to docu- develop credible and objective evidence of 2. A tester training program which will: .ment allegations and to record the experi- discriminatory housing practices, a. require the careful recordation of all ence of testers. These guidelines are not intended to re- relevant information on standardized strict individuals or entities part".cipating forms following completion of the test; C. Performance Monitoring in the FHIP from pursuing any right or b. prohibit any contact or communica- remedy guaranteed by federal law. tion between pairs of testers until all in- An applicant failing to comply with the formation has been recorded and the testers requirements of the Private Enforcement Scope debriefed by the testing coordinator; Initiative, or the procedures set forth in its These guidelines apply to testing activi- c. require that the same or substantially · application for funding, shall be liable for ties funded under the Private Enforcement equivalent type of housing accommoda- such sanctions as may be authorized by Initiative of the FHIP and conducted in tions, financing or service be requested; law. These sanctions include repayment of support of the investigation of discrimina- d. require that testers identify them- improperly used funds, termination of fur- selves as having the same or substantially ther participation in the Initiative, reduc- tory housing practices~ equivalent housing needs and demographic tion or limitation of further funding for in- Definitions profile as the person who made the bona vestigatory activities, the recapture of fide allegation, except for the race, creed, improperly expended funds and the denial Bona fide Allegation: An assertion of a religion, sex, nationality or other attribute of further participation in Departmental discriminatory housing practice unlawful which is the basis of the alleged discrimina- programs. under federal fair housing law. For put- tion. In cases of' testing for systemic poses of these guidelines, an allegation by a discrimination, demographic profiles may person engaged as a tester, whether or not compensated, or by any organization, em- vary from that of the person who made the ployee or agent engaged directly in the bona fide allegation so long as the test of initiation, administration, evaluation or each agent or owner is a "paired" test. For conduct of tests shall not be deemed a bona the purpose of these guidelines, a "paired fide allegation. The allegation must state test" shall mean that the two testers who specifically and in detail the facts and cir- will conduct the "paired test" shall: (a) cumstances which are believed to consti- have the same or substantially similar de- tute the discriminatory housing practice, mographic profiles except for the race, including, but not limited to, the. dates, creed, religion, sex, nationality or other times and places of the alleged discrimina- attribute which is the basis of the alleged tion, and the name of each person or firm discrimination; (b) have the same or sub- stantially similar housing requirements; (c) allegedly engaged in the discriminatory conduct the test at the same office and/or housing practice, in the same or substantially similar trans- Discriminatory Housing Practices: Any . actional conditions and circumstances; and actions made unlawful by 42 U.S.C. sec- (d) conduct the test in a timely manner. tions 3604, 3605 and 3606. 3. A tester assignment and .cdntrol sys- Test: A method of gathering credible and tern which will assure that neither {h~ tester, objective evidence ofwhether a discrimina- nor the organization conducting the test, tory housing practice has occurred. For including its employees and agents, has: purposes of tests conducted under these a. an economic interest in the outcome guidelines: (1) in the case of a test con- of the test without prejudice to the right of ducted in response to an allegation involv- any person or entity to recover damages for lng the rental or financing of a home or any cognizable injury (n.b. Coleman v. Ha- apartment, a test must include one or more vens Realty). visits by at least two individual testers to 'b. a spec'i~ic bias toward either the per- the lender, rental agent, management firm son who made the bona fide allegation or or owner alleged to have discriminated; (2) respondent; or is a relative of one of the in the case of a test conducted in response to an allegation involving the purchase of a parties in a case; or h~s any prior employ- ment or affiliation with the person or or- ~ home, a test must include one or more vis- its by at least two individual testers to the ganlzation to be tested; or is a licensed comPetitor of such person or organization ..... individual sales agent~ or owner alleged to in the listing, rental, sale or financing of have discriminated, or, if a firm is alleged real estate property; or has any other ape- to have engaged in discriminatory housing cific bias or conflict of interest which would practices and if no sales agent of the firm has been identified as having discrimi- prevent or limit'his or her objectivity or fairness. hated, then the test must include one or more visits by at least two paired testers as defined in A(2)d of these guidelines to any sales agent identified by the testing pro- gram. The test requirements specified herein shall not excuse any employer, bro- kef, firm or owner from such liability as the law imposes on them for the conduct of their employees or licensees affiliated with them. Nothing herein shall limit the num- bet of test visits which can be made or funded. NAR and HUD reach accord on testing rules By Elizabetf, Razzi rffASHINGTON, D.C.'By a unanimous vote, the Na- tional Association of Realtom Board of Directors has ap- proved a package of guidelines to govern federally financed homing discrimination testing under the proposed Fair Housing Initiatives Program (FHIP) now before Cdng~ess. The guidelines represent an agreement reached after weeks of intense negotiations by top officials of NAR and the U.S. Department of Homing and Urban Development. Following the May 12 ~oard of Directom vote during the NAR midyear meetings here, Association President Clark E. Wallace and HUD Secretary Samuel R. Pierce Jr. signed joint letters to the chairmen of the House and Senate bank- hag committees stating that. with the inclusion of the test- ing guidelines, the National Association would support the proposed Fair Housing Initiatives Program. The Senate Banking, Housing and Ur- ban Affairs Committee took the first step toward this last week, approving a "mini housing bill" that included FHIP and the guidelines. Sen. William Proxmire (D- Wis.) asked that the committee hold hear- ings on FHIP and committee Chairman Jake Garn (R-Utah) noted that he would try to squeeze hearings into the schedule for the first days in June. He said that he hopes to get the whole bill through the Sen- ate by June 6. NAR previously had opposed passage of FHIP because of the lack of explicit guide- lines for testing. The proposed FHIP would provide $3 million in federal funds to sup- port private-sector testing of real estate practitioners for alleged violations of fed- · eral fair housing law. The motion passed by the Board of Di- rectors makes it clear that NAR approval of the guidelines is conditioned on their being made part of the legislation that would provide for FHIE The original FHIP proposal had "no safeguards which would prevent the testing programs it would authorize and fund from being used as instruments of legalized ex- tortion and coercion instead of as a means of investigating bona fide allegations of d scnm~natmn, Wallace noted in a letter to the Bq~r~'~Jf Directors. t~sting programs. Wallace told Realtors attending the mid- page 4.) year meetings that "I am personally satis- In general, the guidelines would provide that federally backed testing be based on fled we have what we believe is an adequate keting Agreement on equal opportunity in bona fide allegations of discriminatory con.. set of protections for our members. ' un- housing and questions over management duct, require proper selection and cornpre.. der which we believe we could accede to the and sale of HUD-repossessed properties, hensive training of testers, require record- testing proposal now in Congress." "The pride you take in your work is lng of test results on standardized forras, ~On May-l.3,-the-day after the Board of- ~clear:-Itis-equallyclear that youb~lieve in ' prohibit~a~tesfer f~b-~ Directors approved the guidelines, HUD and support fair housing," Pierce to]il the nomic benefit from the outcome o~ the test, Secretar3' Pierce told Realtors attending Realtors at the meetings, adding that 'qt's remove the po.,mibility of tester groups ira- the midyear meetings that the agreement gratifying that we have been able to work posing imprope:r leverage or pressure on r~e~e~its~"th-~'lS/~irTfiing of~a- ne~v 'e~'be- tween the Beagan administration, espe- Pierce noted that the testing guidelines funds or other forms of intimidation, and cially HUD, and the National Association ensure that only objective, reliable and con- impose penalties and sanctions on those of Realtors." Pierce received a standing . trolled testing would be financed by HUD who violate the testing standards. ovation from the Realtors. and called the agreement "good news for In addition, NAR officials said, the stan- Both Pierce and Wallace said they be- the American people, especially those who dards would require "paired testing,'" lieved that, because NAR and HUD are the victims of discriminatior,." which would end the serious abuse involv- reached agreement over FHIP guidelines, The ~:greement reached between NAR lng testing"sweeps" of real estate firms. the two would be able to make much and HUD details very specific restrictions those "sweeps," the respon~e~ of differen!. greater progress on other issues, . such as regarding the participants and procedures salespersons to different t,esters are com-. ~newal of the Voluntary Affirmative Mar- that could be used in federally financed pared to identify alleged d~sctqminatior',.  '~ OFFICE MEMORANDUM . KERN COUNTY :~ TO: DISTRIBUTION DATE: June 10, 1986 FROM: Ed Rou~ Assis~AO SUBJECT: Summary. of Proceedings - June 5, 1986 City/County Intergovernmental Relations Committee Joint Meeting The City-hosted meeting was held at 12:00 Noon at the Red Lion Inn, Lake Ming Room, Bakersfield. Those present were: City of Bakersfield Pat Smith, City Councilwoman Rollie Moore, City Councilman J. M. Christensen, City Councilman ~ ~ George Caravalho, City Manager ~ '~ ~ ~ ~.~ ~ Dave Kennon, Economic Development Director Ken Pulskamp, Deputy City Manager JUN ~ ~ 1986 Dale Hawley, City Public Works Director Mary Strenn, Deputy City Manager OITY~A~A~ER,~ OFFICE Alan Daniel, Deputy City Attorney County of Kern Pauline Larwood, County Supervisor Mary K. Shell, County Supervisor Ron Holden, County Administrative Officer Randy Abbott, Director of Planning Department Geary Taylor, Director of General Services Dale Mills, Public Works Director Ed Rous, Assistant CAO The meeting was chaired by Councilwoman Pat Smith. The following were discussion topics: 1. City/County Downtown Center: George Caravalho reported upon the meeting of the Redevelopment Agency wherein the Carver Development Company proposal for the County Government Center was approved. A question surrounding the legal issues and the exclusive right to negotiate will be the subject of a meeting on Friday, June 6, 1986 between City, County and developer attornies. There was a brief discussion of a letter from the building industry concerning the legal issues in the matter which will be presented before the Board of Supervisors on Tuesday, June 10, 1986. Intergovernmental Relations Committee Page Two Summary of Proceedings June 5, 1986 2. City/County Staff Meeting: Ron Holden reported on a recent City/County staff meeting wherein a full series of topics relating to City/County relationships were discussed. The indication is that it was a good meeting and both City and County officials were pleased with the results. The next meeting of the Intergovernmental Relations Committee is scheduled for 12:00 Noon, Friday, September 5, 1986 at the Red Lion Inn, Isabella Room. The County will host and the scheduled agenda item, at this time, is: 1. Naming of Library at Joint Fire Training Facility ER:cw 'Distribution: Ail Attendees Supervisor Roy Ashburn Supervisor Ben Austin Supervisor Trice Harvey Clerk of the Board of Supervisors MEMORANDUM APRIL 8, 1986 TO: KEN PULSKAMP, ASSISTANT CITY MANAGER FROM: ART HARTENBERGER, PRINCIPAL PLANNER ~ SUBJECT: BAKER STREET LIBRARY RESTORATION PROJECT Dave Kennon asked me to prepare this memorandum in order for you to have a more complete understanding of the subject matter. In addi- tion, I am enclosing a copy 'of two news articles fgr your review. The Baker Street Library originally was owned by the City of Bakersfield. Many years ago, it was transfer.red to Kern County. Recognizing its architectural and historical';ivalue, the County was able to get the structure placed on the National Register in 1982. The 72 year old library is badly in need of restoration. In that regard, the City and County finally got together and.jointly agreed on a plan of action and the necessary financial committment. This involved making application to the State of California for Park and Recreation Facilities Act bond monies under She Historic Preservation category. ,~ Our strong first-year application faired well in state-wide com- petition. We were funded on the first-round with a grant of $125,000 in February~of 1985. However, even with the combined $200,000 from the City and.,the County and the $125,000 from the State, we were still $175,000 short from the' $500,000 needed to complete the restoration work. It was then decided that we would apply for a second-year grant from the state to try and secure the remaining $175,000 still needed. Unfortunately, we were not successful, 'probably for a number of reasons. These included fierce statewide competition, reduction of available funds ($4.million to $3 million) and in my oinion, inadequate progress on the work program by the County Community Development Department. The attached newspaper article (4/5/86) accurately describes the situation. I believe we now have the project back "on-track". County staff are completing the required progress reports and proceeding rapidly with their Public Works Department on the "Request for Architectural Ser- vices'' phase of. the work program. Preliminary work has be.gun on the third-year application for state bond monies. In addition, monthly written staff reports will be provided by County Community Development staff to the Historic Preservation Commission. These reports will be presented in person to commission members as a part of their regular agenda. Finally, I discussed this matter and suggested course of action with Councilman Christensen on 4/5/86. He agreed with the above mentioned procedures and asked me to keep him closely informed on progress or lack thereof. AH:ev cc: Mary L. Strenn, Deputy City Manager J. David Kennon Economic Development Director State asked to..'h'e p andrn'ark By TOM MAURER Bu~, at the urging of Kern County :,ibrn¥ian'"i.ttckled that, if the City 'Council '.~nd :' J''' ~on~~r : ~ ~on, ~fl; agencies agreed to ~pply for Supe~so~ ~ approve ~s, we ~ght get ftmdlng Bakersfieid city colmci~en ~nd cowry supe~- ~,~'from ~e Ca,fora' Park and Recreation ~ way." sots m-e asl~g ~e s~te for ~,~ to help renovate Face,es Act of 1~ ' ' ~c~ J.M. ff~ntermen, who bePresen~:~e ~ Baker Street area; said it's about time the ~:ity the historic Baker Street Library and reso~v'e a 'The City Council is expected to approve the · ~acal tug,f-war. ~ application We~esday night and send it to ~he Board ~cfl suppled a renovation project ~ east BakCr~- .: q~e renova~on pl~ fell ~to a [~g s~lemate of Supe~o~ for a~proval ne~ mon~. ~ app~ca- field. He c~ded o~er co~ci~en ~ Feb~a~ x~'hen ~ Febmaw when nei~er ~e city nor cowry wo~d ton m~t ~ fil~ ~ ~e s~te by ~e end of ~e ~ey ~ed at [~g ~e project. ~' i::: co~t ~e~elves to pay for ~e $4~,~ project ye~. ~: " "It's long overdue," he ~id[ "I[~ w0adecful city co~ci~en refused to help pay for the ,- ~e re~g $1~,~ needed for ~e project ~H ~ey have at ~st ~zua~ed ~e Hght at fl~e end ai'{ll~ renovation of ~e co~ed b~g, sang ~e~ ' ~ ~ by ~e ci~ ~d co~, ~g co~ty ' ' "· f~m~ were co~ed' to city project. ~e cowry "' development block ~t~. BUt ~e~en wa~ed ~at on~ pr0je:Ct 'I~':"h:~[ '~t~ enough ~ re~e ~e whole area. ...: L' ~W Development Depa~ent had a~eed to "~ ~ a noble effo~ by ~e city ~d~e co~t~,. "It's merely a ~op ~ ~e bucket, ~o~'id~'ving pay p~ of ~e cost ff ~e city ~eluded ~e ~bra~ ~ ~ ~e ei~ ~g a leaders~p role ~ t~-~g to get w~t ~eY sho~d'~ do~g for Baker St~c~'~, He aa~(L . ,~ :'[? . ~ overall re~a~on e~o~'t on Baker Street. money from ~e s~te," ~on ~id. "I'm really ' , ~ to L~RMIY ?. Cueto complained in a letter to the on getting a final $175,000 grant next year before the state money runs oflibrary feel this is an excessive delay and urgently request that you. do whatever is within your power in jeopardy speed up the restoration schedule,"; . . · Cueto wrote. -...~ Jung said the county has beenl By TOM MAURER ' "working closely with the state" Californian staff writer ~" the past year on the project. Bakersfield historic preservation" "It has all taken a lot of time with leaders say "excessive delays" by all the correspondence and attor-~ Kern County have jeopardized the heys checking the contracts," he' Baker Street Library restoration said. "But I don't agree that the project, along with $325,000 which, pro]ect was threatened. has been available for more than a. However, the state urged Jung in year. - a letter Feb. 16 to file overdue plans' And the state Office of Historic~ and specifications for the projectl Preservation, which threatened in' "so that your (1985) grant award is February to rescind its grant be-i' not rescinded." cause of the county's inaction, has~ Later that month, the Office refused a second-year grant which" Historic Preservation denied a see-' would have assured the project's'- ond-year grant, saying the competi~. success, tion for $3 million in park bond But Barry Jung, a senior planner' money was more intense than lastl in the county Community Develop-',- year. merit Department, said the project: The state told Community Devel-; has been bogged down in paperwork, opment Director Bill Mungary in between the county and the state' letter March 26 that the county had- and denied that the project was": agreed when it accepted the firstl jeopardized. :'? grant in 1985 to meet specific dead-~. The county is in charge of the l lines. However, project delay "is;" project, which won a $125,000 state ' not a specific criterion in the evalu-: grant last year. The county and city: ation of subsequent grant apptica-; ' each have contributed $100,000 to?. tions," the letter said. the project, which would restore the Jung said Friday that the state'; historic library to its 1915 style, has accepted a new list of deadlinesi' "They've had the money for over' which puts off construction o£ a year and did not work on that l first phase until May 7, 1987. building,'.'., said Richard Monje,.' "I can't say if the criticism (by. '. whose term on the Bakersfield His-- commission members) is justifiedl toric Preservation Commission ex-: or not. Maybe we should haveT: pired last week. moved faster, I don't know," Jung; "As far as I can tell, somebody at; said. "All I can do at this point is to. get the project going as fast as I;. the county dropped the ball," he~ can." OFFICE MEMORANDUM . KERN COUNT~ April 3, 1986 TO: SEE BELOW FOR DISTRIBU~N FROM: Ed Rous, Assistant County Administrative Office SUBJECT: Intergovernmental Relations Committee Staff Briefing 'Session --Tuesday, April 15, 1986 at 1:15 P.M., CAO Conference Room Committee Meeting--Friday,~ April 18, 1986 12:00 Noon, Hill House, Sierra East Room A briefing session of County staff preparatory to the next Intergovern, mental Relations Committee meeting is scheduled for 1:15 P~M., Tuesday, April 15,.1986 in the CAO Conference Room. Discussion Items: 1. County Service Area %71 2. Downtown Land Exchange -- County Government Center 3. City Annexation Presentation The County will host the committee meeting scheduled for 12'Noon, Friday, April 18, 1986 in the Sierra East Room at the Hill House. Please note the committee meeting is scheduled for the Hill House as both the Red Lion and Hilton Inn are fully committed on April 18. ER/ce DISTRIBUTION: Supervisor Pauline Larwood Supervisor Mary K. Shell R. S. Holden, County Administrative Officer L. Dale Mills, Public Works Director Randall Abbott, Planning and Development Services Director Bernie Barmann, County Counsel Geary Taylor, Director of General Services Ed Rous, Assistant County Administrative Officer AGENDA INTERGOVERNMENTAL RELATIONS COMMITTEE MEETING Friday, April 18, 1986 12 Noon Hill House, Sierra East Room (County Host) 1. County Service Area No. 71 2. Downtown Land Exchange - County Government Center 3. City Annexation - Presentation ER/ce OFFICE MEMORANDUM . KERN COUNTY .TO: DISTRIBUTION DATE: March 24, 1986 FROM: Ed R~/ Ass~~O _ ~, ~ ~' SUBJECT: Summary. of Proceedings - March 21, 1986 City/County Intergovernmental Relations Committee Joint Meeting The City-hosted meeting was held at 12:00 Noon at the Hilton Inn, Sutter Street Bar & Grill, Bakersfield. Those present were: City'Of'BakerSfield Pat Smith, City Councilwoman ~ Rollie Moore, City Councilman J. M. Christensen, City Councilman George Caravalho, City Manager MAR Richard Oberholzer, City Attorney Ken Pulskamp, Deputy City Manager CITY~ANA~'I~ Dale Hawley, City PublicWorks Director Dave Kennon, Economic Development Director Stan Grady, Community Development Department Mary Strenn, Deputy City Manager County of Kern Pauline Larwood, County Supervisor· Mary K. Shell, County Supervisor Ron Holden, County Administrative Officer Randy Aboott, Director of Planning Department Geary Taylor, Director of General Services Bill Mungary, Community Development Director Vernon Lowe, Director of Weights & Measures Dale Mills, Director of Public Works Bernie Barmann, County Counsel Tom Clow, Deputy County Counsel Ed Rous, Assistant CAO The meeting was chaired by Councilwoman Pat Smith. The discussion items were: 1. 'County AdministratiVe Building - Downtown Land Exchange: Rough draft agreements of the proposed Downtown Land Exchange for the construction of the County Administrative Building have been provided to both City and County staffs. The urgency for final agreement was Intergovernmental Relations Committee Page Two ~Summary of Proceedings March 21, 1986 County Administrative Building - Downtown Land Exchange: (continued) emphasized by County staff because of the need for budgeting and award of architectural contracts. A sub-committee consisting of Supervisor Shell, Councilman Christensen and representatives from the County Administrative Office, City Manager's Office, County Counsel's Office and City Attorney's Office was formed to review the proposed agreement for final presentation to the Intergovernmental Relations Committee at the next meeting. City Manager Caravalho will call a sub-committee meeting within two weeks and, in the interim, the City and County staffs will meet to attempt to reach agreement on all details. 2. FairHousing: Stan Grady reviewed and ~commented upon draft agreements for the operation of the Fair Housing Program under the County Weights and Measures Department. The proposal included proposed by-laws for the Advisory Committee, budgetary considerations and service program. The question of provision for necessary off-street parking was brought up and a solution needs to be finalized. After a period of questions and discussion by committee members, it was agreed that the proposed documents· (attached) will be forwarded to the respective City/County Attorneys' Offices for review as to legal sufficiency, then to the Board of Supervisors and- City Council for final approval for implementation of the proposed program. The target for final adoption by the Board and Council is mid-April. 3. County Service·Area No. 71: Dale Mills revieWed the City response to County Public Works Department questions relative to the City providing sewage treatment for CSA #71 residents. The City agrees to provide sewage treatment but will require individual service agreements with each resident. There was further discussion among committee members related to the hiStory of formation of CSA' #71 and the need for total service area water and sewage facilities. The Committee discussed the possibility of a City contract with the CSA for provision of sewage treatment rather than individual residents. A sub-committee consisting of Dale Mills, Dale Hawley, Ron Holden and George Caravalho will meet to continue discussion of a broad City contract with the CSA for sub-divisions which are now receiving sewage treatment services within the current LaBorde development. 4. ·AnneXations: Councilman Moore commented on the proposal that the ~City discuss proposed annexation matters with the Intergovernmental Relations Intergovernmental Relations Committee Page Three Summary of Proceedings March 21, 1986 AnnexatiOns: (continued) Committee. IGRC discussions will improve communications so that potential problems may be addressed at an early time. LAFCO Executive Director Bob Whittemore will be invited to participate in the discussion with the Committee at the next meeting. 5. ~Baker Street Library: Bill Mungary gave a brief report on the progress of the Baker Street Library Historical Preservation Project. The matter is now referred to the County Public Works Department for design work, after which it will be opened for the bid process. The next meeting of the Intergovernmental Relations Committee is scheduled for 12:00 Noon on Friday, April 18, 1986 at the Hill House, Sierra East Room. The County will host. Scheduled agenda topics are: 1. County Service Area No. 71 2. County Administration Complex - Downtown Land Exchange 3. City Annexation Discussion ER:cw Attachment DistribUtion: Ail Attendees Supervisor Roy Ashburn Supervisor Ben Austin Supervisor Trice Harvey Clerk of the Board of Supervisors WORKING PAPER 'BYLAWS OF THE FAIR HOUSING ADVISORY COMMITTEE I. Preamble The Fair Housing Advisory COmmittee (referred to hereinafter as the "Committee" or "Advisory Committee") was established by action of the Kern County Board of Supervisors ("Board") by Resolution on , 1986, and the Bakersfield City Council ("citY Council") by Resolution No. on ,1986. The Advisory Committee was formed to provide a suitable mechanism for feedback on the success and shortcomings of the program. In.this sense it is expected that the Committee will serve as a focus for discussion and potential improvement of the Fair Housing Program being implemented by the Kern County Department of Weights and Measures/Fair Housing ("Department"). The legal basis for the Program is provided in a number of State and Federal laws. Included are: the Fair Employment and Housing Act (Government Code Section 12900); the Unruh Civil Rights Act (Civil Code Sections 51 and 52); the Ralph Civil Rights Act (Civil Code Section 51.7); the Civil Rights Act of 1968 (42 U. S. Code Sections 3601-3619); and the Civil Rights Act of 1866 (U. S. code Section 1982). II. Goals and Objectives The goals and objectives of the Fair Housing Program implemented by the Department and monitored by the Advisory Committee are as follows: A. To reduce or eliminate discrimination in access and occupancy of housing in Kern County. B. To maintain objectivity and balance between the interests and concerns of tenants, landlords, buyers and sellers of property. ~C. To continue, change and/or expand the educational activities that were initiated by the County and City through their respective Community Development programs. D. To maintain an advertised Hotline Service which people may call for information on, and help with, concerns about housing discrimination. E. To make residents of Kern County aware of additional services that are available. F. To manage and direct educational resources, targeting them to those segments of the community which are most in need of being informed and aware. DRAFT' G. To utilize the results of tests and'audits in the targeting of awareness efforts.to those promoting illegal discrimination and those being subjected to discriminatory acts. H. T° carry out testing as appropriate, using volunteer testers, to determine the validity of complaints. I. .To annually conduct one or more targeted tests (or audits) to determine the extent of discrimination that exists for some segment of the community. J. To resolve all discrimination complaints at the earliest possible point in the process and at the least cost to involved parties. K. To refer complainants to other potential sources of help if the Department is unable to resolve the issues presented. L. In recognition that many people who contact the Department have concerns about other landlord/tenant ~ issues besides discrimination, to refer these callers to sources of aid that may be able .to help. M. To maintain contact with other entities that carry out · fair housing or related services. III. Powers and Duties of the Committee A. To hold regular and special meetings, open to the public, for the discussion of the Fair Housing Program (the "program") being carried out by the Department. B. To advise the Director of the Department (the "Director") on actions, or possible actions, that would improve the effectiveness or efficiency of the program within the scope approved by the Board and City Council. C. To advise the Board and City Council of changes in the program or policies that, in the view of the Committee, are needed in order to achieve the program's goals and objectives. D. To hold meetings, not open to the public, in accordance with Section 5940 et. seq., of the California Government Code (the Brown Act), in order to discuss matters that must remain confidential. Examples are specific cases or charges of discrimination and specific tests and audits that have been conducted by the Department to determine whether or not there has been discrimination. It should be noted that the Director of the Department is responsible for directing when and where tests shall occur. He is not required to tell the Committee of any plans he may have to test ~specific locations or to audit DRAFT broad areas. The Advisory Committee should, however, examine such tests and audits, after the fact, to the extent necessary to evaluate the effectivenss of such activites. E. To report periodically on progress in implementing the program and problems which have been identified. See Section XII for required reports. F. As individuals and, as appropriate, as a committee, to maintain'contact and a dialogue with the community at large, interested individuals, member organizations, and other organizations, on fair housing and bhe program. The intent of this duty is for committee members to seek opportunities to explain the operations, goals and accomplishements of the program and Committee, and to bring back to the Committee comments that are'relevant to the goals and objectives of the program and Committee. Such discussions can serve not.only to disseminate information on Fair Housing and the program, but also to guage awareness and effectiveness of the program objectives. ~ G. To seek funding and aid from private organizations, enterprises, and individuals in order to maximize the resources being brought to bear on the problems which are the objectives of the Committee and program. IV. Organization and Membership The Advisory Committee is composed of six voting organizational members, one voting at-large member and one non-voting member, as follows: A. Organizational Members of the Committee will represent particular organizations which have an interest in Fair Housing. Each member organization will make the nomination of the person to represent that organization along with an alternate representative. The nominations will be made by an appropriate official action of the member organization and documentation (for example minutes or other official record) shall be provided as part of the nominations. 1. The following are the member organizations. Appointments of representatives from these organizations will be made by the Board and City Council after the appropriate nominati°n papers are filed: a) Bakersfield Board of Realtors b) Kern Mexican American Political Association (MAPA) c) Building Industry Association of Kern County (BIA) d) National Association for the Advancement of Colored People (NAACP) DRAFT Page 3 e) Kern County Apartment Association (KCAA) f) Parents without Partners 2. 'These six members will serve for one year. 3. A member may be removed by the'appointing authority at any time for non-attendance or other good cause. 4. Each of the six members will have a vote on matters before the Committee. The alternate may vote on matters in the absence of the organizational member from his or her organization. B. At-Large Member The six appointed Committee members will appoint one at-large member and one alternate at-large member. The at-large member and alternate shall not be a member of any of the organzations listed above. 1. The at-large member will serve for one year term concurrent with appointed members. 2. The at-large member may be removed by the Board and City Council at anytime for non-attendance or other good cause. 3. The at-large member will have a vote on matters before the Committee. The at-large alternate may vote in the absence of the at-large member. C. Non-Voting Member The Director of the Department will be a non-voting member of the Committee. The Director may participate in discussion on matters before the Committee, but may not vote. The Director may designate an employee of the Department to represent him at Committee meetings as he deems desirable or necessary. V. Officers A. General 1. The voting members of the Committee shall elect a Ch~ir and Vice Chair. 2. The Director of the Department shall serve as Secret~ry of'the Committee. 3. The term of the Chair and Vice'Chair shall be one year. B. Chair 1. The Chair shall have responsibility for the general supervision, direction and control of the business and affairs at Committtee meetings. He or she shall preside at all meetings of the members, and shall have such other powers and duties as may be prescribed from time to time by a vote of the Committee. 2. The Chair shall appoint all sub-committee members subject to the aproval of the Committee. C. Vice Chair 1. In the absence or disability of the Chair, the Vice Chair shall perform all the duties of the Chair and in so acting shall have all of the~powers of the Chair. 2. The Vice Chair shall have such other powers and perform such other duties as may be prescribed from time to time by the Committee.' D. Secretary 1. The Secretary shall keep or caused to be kept a full and complete record of the proceedings of the Committee, shall make service of such notices as may be necessary or proper, and shall supervise the keeping of the records of the Committee. The Secretary will keep the minutes of all Committee meetings, and shall file a copy thereof, approved by the Committee, with the Clerk of the Kern County Board of Supervisors and the City Clerk of the City. of Bakersfield. 2. Other duties of the Secretary are described under Section VII, XI and XII of these Bylaws. VI. Sub-Committees A. The Advisory Committee may prescribe sub-committees desirable or necessary for the carrying out the duties of the Committee. Subcommittees shall be made up of voting Committee members. B. The Chair shall appoint all sub-committees subject to approval of majority of the'General Members present at a regular or special meeting of the Advisory Committee. VII. Meetings A. Timing and Notice Regular meetings shall be held on of each month or on such other day of the month at a time and place to be designated by the Chair. Special meetings may be called by the Chair or by a majority of the Committee members provided written notice of such meetings and their agenda are delivered personally or by DRAFT Page mail, forty-eight.(48) hours prior to the meeting. In addition, the Secretary shall give forty-eight (48) hours advance, notice by telephone of any meeting to all members. The Clerk of the Board of Supervisors and the City Clerk of the City of Bakersfield shall also notified in writing of all meetings at least 48 hours in advance. B. The Brown Act Meetings shall be conduCted in accordanCe with Section 54950 et. seq. of the California Government Code. ("The Brown Act") Some matters before the Committee could involve matters that are not subject to public disclosure. Meetings concerning these matters would not be open to the public and members need to take care not to disclose infor- mation which under the law would have to remain confidential. C. Place of Meeting , The Board and City Council will make meeting rooms available in County or City buildings subject to their availability. The Committee may elect to meet in other appropriate places. VIII. Attendance In the event of the absence of a Committee member from' two consecutive regular meetings of the Committee, the Committee shall evaluate the circumstances and decide whether or not corrective action is neCessary. Upon a vote Of two-thirds (2/3) of the members present, the Committee may recommend to the Board and City Council a member be replaced. IX. Vacancy A. Any voting member vacancy due to the death, resignation, removal, disqualification or otherwise shall be filled after the required posting of "Notice of Vacancy" by the entity responsible for the appointment of the person whose position is vacant and the nomination of a replacement member by the appropriate member organization. B. If a vacancy because of death, resignation, removal, disqualification or otherwise is a Committee officer, the office shall be filled by a special election at a regular meeting upon notice to all members. The Chair, or the Vice Chair, in his or her absence, shall designate the election day to take place not later than the second regular meeting following the creation of the vacancy and reappointment of a replacement. DRAFT Page 6 X. Quorum and Voting Powers A majority of the current Committee must be present to consititute a quorum for the transaction of business. Each member shall have one vote and shall vote in person. In the absence of the member, the alternate member representing the same organization may Vote. XI. Agenda A. The Secretary will prepare an agenda for all meetings. Items to be considered should be approved by the Chair at' least (4) days prior to the scheduled meeting. B. The Chair shall have the power to limit comment and dicussion to those items appearing on the agenda. Further, the Chair may add, delete or rearrange agenda items when he or she deems such~change necessary or desirable. XII. Reports The Advisory Committee must keep the Board and City CoUnct! and the public informed in the following ways: A. The Secretary shall file Committee minutes (approved by the Committee) with the Clerk of the Board and City Clerk. The minutes shall also be made available to individuals or organizations requesting them. B. The Committee shall prepare or cause to be prepared a semi-annual report on the progress in implementing the Fair Housing Program, problems which have been identified, and recommendations on changes in the program or policies that, in the view of the Committee, need to be revised or adjusted. The semi-annual reports will be transmitted to the Board and City Council by the Secretary. He may elect to provide other comments or observations as a part of his transmittal letter or as attachments. The reports shall also be made available to individuals or organizations requesting them. C. The Committee may prepare a special report at any time to be filed with the Board and City Council by the Secretary as soon as practical. Special reports would be of such a nature as to need attention from the Board and City Council more. quickly than a semi-annual report would allow. Special reports shall be made available to individuals or organizations requesting them. Page ? XIII. Amending the Bylaws From time to time~ the Boa=d and City Council may amend these bylaws in o~de~ for the AdviSOrY Committee to better perform its duties. In addition, in the event that a Committee membe~ o~ a member organization no longe~ is interested o~ does not have the capacity to serve on the Committee, the, Board and City Council can decide to replace eithe~ o~ both. DEPARTMENT OF WEIGHTS AND MEASURES VERNON I. LOWE 1116 E#t CMIfomll Avenue DI~'tM Blklrllllkl, Cll#Omll RICHARDAML L.DireGtMMULLICAN O TelephoM (80~) 8~1-2418 OFFICE MEMORANDUM - KERN COUNTY March 13, 1986 To: The City/County Intergovernmental Relations Committee From: Vernon L. Lowe, Director, Department of Weights and Measures~/. ? Subject: 1985/86 Capital Outlay and 1986/87 Budget for Fair Housing We have had meetings with Darrell Perkins of General Services and Chuck Todahl of the Purchasing Department, who have helped with the figures in the attached infor- mation. Capital outlay, the modular unit, will require all of the utilities prior to the modular unit being set up. The manufacturer will complete the installation. The budget for 1986/87 is based upon the budgetary guidelines used by the Weights and Measures Department for our own budget preparation. We are figuring that it will be necessary to make a few changes here and there, but what is being presented is going to be quite accurate. la Attachments FAIR HOUSING Capital Outlay 1985/86 Modular unit, complete installation, set up, utility hookups, ready to use $44,500 2 - 12 column calculators @ $192 each $ 384 1 - electronic, heavy duty typewriter, 17" paper capacity 800 3 - 3 drawer, letter size file cabinets with locks 666 2.- 3 drawer, legal size file cabinets with locks 494 1 - executive desk, double pedestal, 70" X 36" 563 1 - executive posture chair 279 1 - secretary desk, single pedestal with typing stand 633 1 - secretarial chair, posture, swivel 140 26 - chair with side arms for use in Assistant Director's office, reception area, and conference room @ $108 each 2,808 2 - conference tables, 96" X 36" 1,200 subtotal $ 7,967 Telephone installation to include: 4 - CENTREX lines 1 - ten-button phone 2 - six-button phones to be installed using Weights and Measures main board with a rotary dial system intercom installation between Weights and Meausres and Fair Housing Offices $ 1,400 subtotal $ 9,367 total $53,867 Additional information: City off-street parking may be required for 1.25 spaces per employee Plot plan necessary *Tree removal - 10 trees @ $200 = $2,000 *Drive approach needs removal = $1,200 *Cost of utility hookup =$25,000 Limited on space for expansion if off street parking is required Trailer will not be 60' long (towing tongue included in length), will work out more like 640 square feet than the 720 originally thought. To meet code requirement, it may not be possible to install this unit at Weights and Measures. May open the possibility of requiring off-street parking for Weights and Measures personnel (11 people). There is all kinds of street parking now available. *Included in $44,500 estimate FAIR HOUSING 1986/87 Budget Directoz - Salary increase, difference between salary ranges 50.8 to 54.0 (17%); $266.16 per pay period X 26.089 $ 6,944 Fringe benefits, OASDI, and retirement 1,190 Total $ 8,134 Assistant Director - Range 47.3, A Step; $1,058.14 X 26.089 pay periods $27,606 Fringe benefits, OASDI, retirement, medical, and dental 7,003 Total $34,609 Secretary - Range 37~0, A Step; $633.05 X'26.089 pay-periods $16,516 Fringe benefits, OASDI, retirement, medical, and dental 5,101 Total $21,617 Workers' Compensation Insurance $ 253 Possible overtime for Advisory Board Meetings Secretary at $7.913 per hour, 6 hours each meeting for 48 meetings .. $ 2,279 Extra help that may be needed to cover vacations, sick time, or increased workload $ 8,400 Total $75,292 Salaries figured using data for 1986/87 Budget Copy machine, table model, lease per year $ 1,700 Telephone and Telegraph (fixed costs per year $1,344) $ 2,800 Insurance $ 600 Equipment maintenance $ 350 · Office expense $ 1,200 Lodging, meals, registration, meeting expenses $ 1,000 Personal vehicle mileage for inside and outside travel 3,500 miles (2,000 inside, 1,500 outside) @ 28¢ per mile $ 3,180 Services and Supplies Subtotal $10,830 Total 86,122 WORKING PAPER FAIR HOUSING SERVICES' A. INITIATE THE PROGRAM Ob~ectives: To establish a comprehensive p~o~m at a permanent location; to build on available expe~lences and ~esou~ces; to hi~e and t~ain staff; and to advertise the availability of the new se~vices, location, and teleDhone numbe~. Activities: The~e a~e many activities involved in establishtnE the Fai~ HousinE P~oE~am in the Department of WetEhts and Measu~es/Fai~ HoustnE. These include, but a~e certainly not limited to: Establish ~ob specifications fo~ staff to be hi~ed. 2.Recruit staff. 3.Secure office space. 4.Establish a telephone number for the program. 5.Train staff. 6. Receive information from existing County and City programs. 7. Advertise the start of a new program and new telephone number. 8. Change the telephone number with existing organizations. B. EDUCATION Objectives: To promote Fair Housing in the community in order to develop a better understanding of tenant, landlord, buyer and seller rights and obligations under the law; to promote the overall acceptance of Fair Housing among consumers and the housing industry. To increase the awareness of the different forms of discrimination. To make available services known to providers and consumers. Activities~ Activities to meet the objectives of the program can take many forms. Indeed, a variety of methods is desirable--people have different ways of receiving information. In this ~espect, the list below is a sampling of methods, and is~not inclusive. However, other methods need not be more time consuming than those listed below. Once the. basic information is put together, it can be easily put into different formats and presentations. DRAFT 1. Brochures: (a) About 45 callers (of 150) per month will be sent information. (b) 250 brochures/month will be mailed to tenants in rental property. This can be through a mailing service. (c) 50 brochures/month will be distributed at presentations and'to rental property owners. 2. Presentations: Average 2/month 3. Workshops: 2/year 4. One poster/essay contest per year in conjunction with National Fair Housing Month. 5. Attendance at six other Fair HoUsing related events per year. & 6. Ongoing PSAs--after initial set up with a station or publication, PSAs together take less than one hour every two months. 7. Other educational activities are possible according to the direction and creativity of staff. Examples are newspaper articles, ads on GET buses, ads in local magazines and newsletters, flyers, taking booths at events like health fairs, publishing the results of audits, holding neighborhood meetings, radio and TV interviews, and so forth. C. HOTLINE SERVICE Objectives: To have an advertised source of immediate help available for people with concerns or questions about housing discrimination; to provide a point of contact for intake of housing discrimination complaints; and to refer callers with other than housing discrimination concerns to sources of potential help. Activities: This activity is simply to establish, advertise and staff a fair housing hotline during normal Working hours. In addition, a log of all calls needs to be maintained. People call in ~bout discrimination, other landlord/tenant issues, and miscellaneous subjects related to housing. Per month, 150 calls can be expected, of which perhaps 6 or 7 will concern discrimination; the balance is mostly other landlord-tenant concerns. DRAFT Most of these calls would be referred to other sources of help, or in the case of a straight forward question, handled with little telephone time. D. TESTING Ob~ectives: To have a method of checking on the validity of discrimination complaints, providing evidence for pursuing a complaint or for.dropping a complaint; to use volunteers for testing; to establish and utilize a testing process that will produce evidence useful in mediation and valid in litigation; and to maintain, within the limits of the law, the confidential nature of the tests and the testing process. Activities: Testing is a process that needs considerable attention, so that it will be properly carried out. There needs to not only be a thorough understanding of testing, but time needs to be spent in attracting and training volunteer testers, carrying out tests, and compiling the results. It is ~ estimated that about 35 per year might be needed. E. MEDIATION Ob~ectives: To improve communication between parties involved in a discrimination complaint; to resolve complaints as expeditiously and equitably as possible; to provide a low cost and quicker alternative to court or other methods of complaint resolution; to provide respondents with fair housing educational materials. Activities: A well-trained staff person must be available to mediate between the parties. The complainant and respondent need to be informed of the mediation service and its potential to resolve the dispute. About 50 cases per year might be mediated. F. LITIGATION O~ectives: To make a complaining party aware of possible legal or administrative actions that may be taken beyond the County program and to refer complainants to one or more sources of help, with available documentation of the complaint. Activities: 1. The staff must determine the possibility of resolving the complaint through mediation. DRAFT ¥ 2. If the complaint cannot be resolved or if the complainant wishes to pursue other avenues, information needs to be provided on legal steps that can be taken, including: a. Filing directly with the State Department of Fair Employment and Housing (DFEH). b. Filing with the Department of Housing and Urban Development (HUD). c. Initiating a private legal action with the assistance of a private attorney. 3. On a case by case basis, the Director of the Department has the option of exploring the possibility of more direct legal action by the County. G. AUDITS Objectives: To examine and measure differences in treatment for broad ' groups of homeseekers (rental or for sale) because of their race, color, national origin, sex, religion, marital status, ancestry, presence of children in the family, or other legally protected basis as enumerated in the Fair Employment and Housing Act, Government Code Section 12900 et. seq.; to publish the results of such audits; to maintain the confidentially of individual tests within the limits of the law. Activities: Carry out one audit during the year and make the results known. There would also be follow-up contact with places tested to further inform responsible parties of rights and responsibilities, and to follow with other legal action as necessary. H. COORDINATION Objectives: To provide connecting links between groups, agencies, individuals, and private enterprises that are involved in fair housing that will enhance the delivery of fair housing services in the financing, sale, rental, management, and maintenance of housing; to establish a unifying effort that will facilitate the coordination of services for referral purposes that will be promoted through the fair housing education prOcess; and to maximize the available funds for fair housing'and promote efficient use of these funds. Activities: Many of the program activities will help establish contacts with others involved in fair housing. Some effort needs to be expended in maintaining those links. In the past, the County and City published a Directory of Housing Services. This could be updated and reissued. Also, the Fair HOusing Advisory Committee is one natural forum for these efforts. Members of the Committee will be drawn from organizations that have an interest in fair housing and will have a duty to keep their organizations and others informed, as well as to bring back observations from those organizations to the Committee and program staff. It is anticipated that a designated employee of the Department will serve as a member of the Community Housing Resources Board (CHRB) as the representative of the City and County. Also, in order to maximize available funding, the Department will put together applications for monies available from State and Federal sources. The Department will also support the Fair Housing Advisory Committee in the committee's efforts to receive funds from private organizations, individuals and enterprises. DRAFI' DEPARTMENT OF PUBLIC WORKS , 1501 Truxtun Avenue Bakersfield, California 93301 (805) 326-372~ DALE HAWLEY, Manager arch 17, 1986 County of Kern' Department of Public Works 2601 "O" Street Bakersfield, CA 93301 ATTN: Mr. Dale Mills, Director C Gentlemen: I T PROVISION OF SEWER SERVICE TO AREAS WITHIN THE CITY'S SPHERE OF INFLUENCE y COUNTY SERVICE AREA NO. 71 Following is my response to the questions submitted in your letter of March 3, 1986: O F 1) Question: Is it the City's plan to provide sewer service t° all of the · remaining areas of County Service Area No. 71 which are within the City's sphere of influence? B Response: Yes. A 2) Question: Will the City enter into an agreement with County Service Area K No. 71 for sewer service to subject areas similar to those agreements in effect for Alta Verde and Union Avenue Sanitation E Districts? R Response: No, however, CSA 71 could install and finance the sewer improve- ments via the formation of an improvement and assessment dis- S trict and the individual property owners could then enter into F license agreements with the City for the City sewer service. Under this arrangement, the City would maintain the sewer mains. I The City presently serves several hundred residents of unincor- E porated areas using this license agreement procedure. L 3) Question: Is the $90 yearly charge still a realistic figure to use for estimating purposes for the CSA 71 budgeting? D Response/ Yes. 4) Question: Is it the City's intention to enter into an agreement with CSA 71 for payment of Tracts 4006, 4554 and 4555 sewer treatment? Response: No. The area will be served by individual license agreements for City sewer service for unincorporated areas. · Dale Hawle Public Works Manager JDH:ps BASIC ISSUES TO BE CONTAINED WITHIN AN AGREEMENT BETWEEN THE CITY/REDEVELOPMENT AGENCY AND KERN COUNTY REGARDING THE EXCHANGE OF CERTAIN DOWNTOWN PROPERTIES FOR THE PURPOSE OF DEVELOPING A NEW COUNTY ADMINISTRATION COMPLEX. MARCH 21, 1986 The Agency and County agree that there are mutually beneficial reasons for exchanging certain properties presently owned by the County and third parties. This exchange will allow these subject pro- perties to be developed into needed public facilities that will bene- fit the general public of Kern County. The ~property proposed as a site for the.'new County Administration facilities will be acquired by the City and leased to the County. In exchange for these properties the County will provide the City with title to properties it owns that are located south of the Santa Fe right-of-way between Chester Avenue and H Street. Properties that are proposed as the site for the new County Administration complex are located on the south side of Truxtun Avenue between M and N Streets. Said properties are presently owned by third parties. The Redevelopment Agency will acquire said properties at fair market value and will be responsible for necessary acquisition and relocation costs. It is recognized that a differential in property values may exist between the.subject properties based upon preliminary appraisal. However, it is noted that these differences in value may be absorbed through lease revenue generated by the County occupancy of the exchanged properties, and/or Agency participation in use of the parking structure built as a part of the County Administration complex. The County will agree to cooperate to the 'extent necessary to expand the redevelopment project area so that in the event it becomes necessary to use Eminate Domain to acquire the subject site, this mechanism is available to the Agency. The Agency agrees to lease the subject site to the County for the purpose of constructing a new County Administration complex. Said' lease by the County shall be for a.'period of 20 years in the amount necessary to retire the debt required to purchase the Truxtun Avenue properties. After retirement of this debt, the ownership of the land shall transfer to the County at no additional cost to the County. ~ The amount of the proposed lease payments by the Cou'nty shall be reimbursed to the County by the Redevelopment Agency on an annual basis. This. will result in a no-cost lease for the County and will allow the Redevelopment Agency to finance the acquisition costs. Said lease.to the County shall be subordinated to any debt, bonds, or note should the County wish to finance the construction of the pro- posed complex or enter into a private/public partnership with third parties for the development of the proposed facilities. The Agency reserves the right to review and approve all such agreements. Such approval will not be unreasonably withheld. The Agency will continue to pursue the development of the proper- ties conveyed to it by the County. As a intermodal transit facility, and shall have the right to enter into agreements with other parties or public agencies. If this effort fails to occur the Agency may dispose of said pro- pety in some appropriate manner to recover all or a portion of its cost.. The Agency shall agree to lease these properties to the County General Services Department during the constructiop period of the pro- posed County Administration complex. The City will allow the closure of 16th",'Street between M and N Streets for the purpose of implementing a comprehensive development program. Additionally the Agency is desirous of participating in the design review of the proposed project. OFFICE OF THE COUNTY COUNSEL, COUNTY OF KERN MEMORANDUM TO: Members, Intergovernmental DATE: March 20, 1986 Relations Committee FROM:Bernie 'Barmann County Counsel SUBJECT: County Administration Complex We understand Counsel for the Redevelopment Agency is now preparing a MOU for this project. Meanwhile we have prepared the attached MOU to facilitate discussion ~nd bring some of the critical issues to the attention of the Intergovernmental Relations Committee for imput and resolution. This proposed MOU represents our workup after consultation with Dave Kennon, Richard Oberholzer and some members of County staff. Please realize that this MOU is a preliminary and working draft, particularly with respect to the technical language which will be required to facilitate the redevelopment project and the sale of bonds. We request the committee note the dates set forth within the MOU. We understand these dates are critical from the County's point of view. BCB/TC: sm 105J At t achment Co. Counsel 580 1210 048 (1-78) MEMORANDUM OF UNDERSTANDING THIS MEMORANDUM OF UNDERSTANDING, made this day of , 1986, by and between the COUNTY OF KERN, a political subdivision of the State of California ("County") and the REDEVELOPMENT AGENCY OF THE CITY OF BAKERSFIELD, a California redevelopment agency created and existing pursuant to the Community Redevelopment Law (Part 1 of Division 24 of the Health and Safety Code, commencing with Section 33000)("Agency"), W I T N E S S E T H : WHEREAS, Health and Safety Code §33220 authorizes County to cooperate and aid Agency in undertaking redevelopment projects; and WHEREAS, County intends to construct and occupy a new 200,000 square foot administration complex in the near future; and WHEREAS, Agency has determined that it would be of benefit to its redevelopment activities if the proposed County administration complex were located in the downtown area of the City of Bakersfield; and WHEREAS, County is willing to cooperate with Agency in locating its administration complex in downtown Bakersfield provided the Agency make an' appropriate and acceptable site available to County in ex- change for certain County-owned property; and WHEREAS, preliminary discussions and investigatiohs have led Agency and County staffs to conclude~that the real property located on the south side of Truxtun Avenue between M and N Streets is the best'of the several sites suitable for the location of the proposed County administration complex; and WHEREAS, at this time and prior to proceeding with the cooperative effort to locate the new County administration complex, in the down- town Bakersfield area, Agency and County desire to set forth their understanding of each party's rights and duties with respect to this activity; NOW, THEREFORE, it is mutually understood between Agency and County as follows: 1. Definitions. a. "County administration complex site," shall refer to those certain parcels of property located on the south side of Truxtun Avenue between M and N Streets in Bakersfield. bo "County-owned general services property" shall refer to that property owned by the County and located south of the Santa Fe right-of-way between Chester Avenue and H Street in Bakersfield. 2. Purpose. Agency and County shall cooperate in acquiring certain property on which the County will cause to be constructed a new County administration complex, thus retaining a large part of the County'.s workforce in the downtown area and otherwise bene- fiting Agency's plans for redevelopment. In addition, this project will provide Agency with property suitable for the development of other public or private projects. 3. Acquisition of County administration complex site by Agency. a. Agency shall~immediately investigate the acquisition of the property located on the south side of Truxtun Avenue between M and N Streets and within 30 days from t~e date of this Memo- randum inform County whether it will acquire the subject prop- erty and lease it to County. At this time Agency shall have determined the value of the subject property and the County's general service property and tender an offer to exchange the proposed administrative complex site for the County's general service property or cash or a combination of County property and cash. b. Within 30 days of Agency informing County that it will acquire the proposed administration complex site for the pur- pose of leasing it to the County, County will inform Agency of its decision to accept the offer. c. Upon County notifying Agency of its intent to accept Agency's offer and locate its administration complex at the proposed Truxtun Avenue site, Agency shall prepare all docu- ments necessary to. finalize_the transaction, said documents to be executed by June 30, 1986- d. Upon County accepting Agency's offer, Agency shall immedi- ately effect the acquisition of the subject property. Agency shall deliver possession of the subject property, free of any structures, to County on January 1, 1987. Agency shall be liable for design and any other costs incurred by the County and caused by Agency's delay or failure to deliver possession of the subject property to the County by January 1, 1987. e. County shall cooperate with Agency should the boundaries of the redevelopment area need to be expanded to include the proposed County administration complex site. f. In acquiring the subject property, Agency shall be respon- sible for all acqu%sition costs, all relocation costs, all legal, court and appraisal costs, and al~l other costs of any type associated with acquiring title to the subject property free and clear of any liens and encumbrances. g. Agency shall indemnify and hold County harmless from any and all liabilities, damages or causes of action arising out of or associated with acquisition activities, condemnation activities, pre-condemnation activities and/or relocation activities. 4. Lease of County administration complex site to County. At this time, it is believed the agreement, to be prepared by Agency and executed by Agency and County by June 30, 1986, should contain the following substantive terms: a. Term: the term of the lease shall be for 20 years or until the retirement of the debt Agency incurred in acquiring the property. Title to the property to vest in County at the expiration of the term of the lease. b. Rental: any and all lease payments to be made by County shall be immediately reimbursed by Agency as they become due. Agency to develop procedure to assure that no exchange of monies is necessary. c. Consideration: County to quit claim its interest in its general services property to Agency and pay Agency $400,000 cash, provided: said $400,000 cash is reimbursed County by Agency in the form of: 1) rental credit for County continuing to occupy its general services property until completion of the new administration complex and relocation of the County pffices occupying general services property; and 2) rental credit for the County occupying a portion of the American National Bank building; and 3). Agency's participation in the cost of the parking structure that is proposed to be developed as a part of the new administration complex. (Agency to share in the use of the parking complex.) d. Subordination of Lease: said lease to the County shall be subordinated to any debt, bonds, or note should the County wish to finance the construction of the.proposed complex or enter into a private/public partnership ~¢ith third parties for the development of the administration complex. 5. Proceeds from the sale or use of County's general services prop- erty by Agency. Any and all funds realized by Agency from its use or sale of the County's general services property shall~'first be used to retire the debt incurred by Agency in acquiring the adminis- tration complex site. 6. Agency's cooperation. At County's request Agency shall assist with the development and/or financing of the construction of the administration complex. 3 IN WITNESS WHEREOF, Agency and County have caused this MEMORANDUM OF UNDERSTANDING to be executed by their authorized agents and officers on the day and year first above-written. Agency County TC:sm 105I 4 WORKING PAPER FAIR HOUSING SERVICES' · A. INITIATE THE PROGRAM ObOectives: To establish a comprehensive program at a permanent location; to.build on available experiences and resources; to hire and train staff; and to advertise the availability of the new services, location, and telephone number. Activities: There are many activities involved in establishing the Fair Housing Program in the Department of Weights and Measures/Fair Housing. These include, but are certainly not limited to: 1. Establish job specifications for staff to be hired. 2. Recruit staff. 3. Secure office space. 4. Establish a telephone number for the program. 5. Train staff. 6. Receive information from existing County and City programs'. 7. Advertise the start of a new program and new telephone number. 8. Change the telephone number with existing organizations. B. EDUCATION ObOectives: To promote Fair Housing in the community in order, to develop a better understanding of tenant, landlord, buyer and seller rights and obligations under the law; to promote the overall acceptance of Fair Housing among consumers and the housing industry. To 'increase the awareness of the different forms of discrimination. To make available services.known to providers and consumers. Activities: Activities to meet the objectives of the prOgram, can take many forms. Indeed, a variety of methods is desirable--people have different ways of receiving information. In this respect, the list below is a sampling of methods, and is not inclusive. However, other methods need not be more time consuming than those listed below. Once the basic information is put together, it can be easily put'into different formats and presentations. DRAFT 1. Brochures: " (a) About 45 callers (of 150) per month will be sent 'information. (b) 250 brochures/month will be mailed to tenants in rental property. This can be through a mailing service. (c) 50 brochures/month will be distributed at presentations and to rental property owners. 2. Presentations: Average 2/month 3. Workshops: '2/year 4-. One poster/essay contest per year in conjunction with National Fair Housing Month. 5. Attendance at six other Fair Housing related events per year. 6. Ongoing PSAs--after initial set up with a station or ' publication, PSAs tOgether take less than one hour every two months. 7. Other educational activities are possible according to the direction and creativity of staff. Examples are I newspaper articles, ads on GET buses, ads in local magazines and newsletters,.flyers, taking booths at events like health fairs, publishing the results of audits, holding neighborhood meetings, radio and TV interviews, and so forth. C. HOTLINE SERVICE ObOectives: To have an advertised source of immediate help available for people with concerns or questions about housing discrimination; to provide a point of contact for intake of housing discrimination complaints; and to refer callers with other than housing discrimination concerns to sources of potential help. Activities: This activity is simply to establish, advertise and staff a fair housing hotline during normal working hours. In addition, a log of all calls needs to be maintained. people call in about discrimination, other landlord/tenant issues, and miscellaneous subjects related to housing. Per month, 150 'calls can be expected, of which perhaps 6 or 7 Will concern discrimination; the balance' is mostly other landlord-tenant.concerns, DRAFT Most~of these calls'would be referred to other sources of help, or in the case of a straight forward question, handled with little telephone time. D. TESTING Objectives: To have a method of checking' on the validity of discrimination complaints, providing evidence for pursuing a complaint or for dropping a complaint; to use volunteers for testing; to establish and utilize a testing process that will produce evidence useful in mediation and valid in litigation; and to maintain, within the limits of the law, the confidential nature of the tests and the testing process. Activities: ~ Testing is a process that needs considerable attention, so that it will be properly carried out. There needs to not only be a thorough understanding of testing, but time needs to be spent in attracting and training volunteer testers, carrying out tests, and compiling the results. It is estimated that about 35 per year might be needed. E. MEDIATION ObOectives: To improve communication between parties involved in a discrimination complaint; to resolve complaints as expeditiously and equitably as possible; to provide a .low cOst and quicker alternative to court or other methods of complaint resolution; to provide respondents with fair housing educational materials. Activities: A well-trained staff person must be available to mediate between the parties. The complainant and respondent need to be informed of the mediation service and its potential to resolve the dispute. About 50 cases per year might be mediated. F. LITIGATION ObOectives: To make a complaining party aware of possible legal or administrative actions that may be taken beyond the County program and to refer complainants to one or more sources of help, with available documentation of the complaint. Activities: 1. The staff must determine the possibility of resolving the. complaint through mediation. DRAFT 2. If the complaint cannot be resolved or if the complainant wishes to pursue other avenues, information needs to be provided on legal steps that can be taken, including: a. Filing directly with the State Department of Fair Employment and Housing (DFEH). b. Filing with the Department of Housing and Urban Development (HUD). c. Initiating a private legal action with the assistance of a private attorney. 3. On a case bY case basis, the Director of the Department 'has the option of exploring the possibility~of more direct legal action by the County. G. AUDITS ObOectives: To examine and measure differences in treatment for broad ' groups of homeseekers (rental or for sale) because of their race, color, national origin, sex, religion, marital status, ancestry, presence of children in the family, or other legally protected.basis as enumerated in the Fair Employment and Housing Act, Government Code Section 12900 et. seq.; to publish the results of such audits; to maintain the confidentially of individual tests within the limits of the law. Activities: Catty'out one audit during the year and make the results known. There would also be follow-up contact with places tested to further inform responsible parties of rights and responsibilities, and to follow with other legal action as necessary. H. COORDINATION ObOectives: To provide connecting links between groups, agencies, individuals, and private enterprises that are invOlved in fair housing that will enhance the delivery of fair housing services in the financing, sale, rental, management, and maintenance of housing; to establish a unifying effort that will facilitate the coordination of services for referral Purposes that will be promoted through the fair housing education process; and to maximize the available funds for fair housing and promote efficient use of these funds. Activities: Many of the program activities will help establish contacts with others involved in fair housing. Some effort needs to be expended in maintaining those links. In the past,~ the County and City published a Directory of Housing Services. This could be updated and reissued. Also, the Fair Housing Advisory Committee is one natura! forum for these effortS. Members of the Committee will be drawn~from organizations that have an interest in fair housing and will have a duty to keep their organizations and others informed, as well as t° bring back observations from those organizations to the Committee and program staff. It is anticipated that a designated employee of the Department Will serve as a member of the Community Housing Resources Board (CHRB) as the representative of the City and County. Also, in order to maximize available~funding, the Department will put together applications for monies available from State and Federal sources. The Department wil! also support the Fair Housing Advisory Committee in the committee's efforts to receive funds from private organizations, individuals and enterprises. oRAF ECONOMIC DEVELOPMENT/ REDEVELOPMENT DIVISION March 18, 1986 Honorable Mayor and City Council. Members 1501Truxtun Avenue Bakersfield, CA 93301 Dear Honorable Mayor and City Council Members: The Bakersfield Historic Preservation Commission has endorsed and encouraged the restoration of the Baker Street Library Building. However, we are greatly concerned with the slowness of activity on this project. The State granted $125,000 in February Of 1985. Also, the City and County each'contributed $100,000 for the restoration. A total of $325,000 is available to begin the work. The implementation schedule presented to this Commission on this date by the County Community Development Department showed that construction was to start on May 7, 1987, another 14 months. This date is over two years from the date of the State funding. Inflation has reduced the value of the grant substantially. We feel this to be an excessive delay and urgently request that you do whatever is within your power to speed up the restoration schedule. Perhaps you may wish to refer this matter to the Intergovernmental Relations Committee. We feel our community is benefiting greatly by this City/County joint effort. The Commission is desirous to see the funding maximized by efficient scheduling.. Sincerely, III, Chairman City of Bakersfield Historic Preservation Commission AC:bz cc: Historic Preservation Commission Member~ George Caravalho, City Manager William J. Mungary, Director County Community Development 1501TRUXTUN AVENUE · BAKERSFIELD, CALIFORNIA 93301 · (805) 326-3765 ,'it ''~ "~,: :' '"' ......... ~ ': ';'"". ~1 ~9'"'""', ..... . ,,, ..:~.~' , ' ~RY STRENN~, .. .... ~ ... , FROM: ,' '~,:'.;: ':.,.,!: '~ :',,' ' ~ ,.....,... SUBOECT. ANNEXATION .PROGRAM,- ,"'., ".',~'~'~,. 'Approximately , -..:':.~ ,....Plann~ng..Department~.to .develop.,,a, pr]or3ty System =for ', .~,:.,~ :.;~' the C~ty s,,adopted 9nnexat'.~6n: s~rv~ce area , '.~?~:~:::. :s~here of,~ influenCe~ '''~ '~ ~ ..... . ........ .... -. ,, .' ,,- .', ,,..~ ,- COuntyTSpecific Pi'an area. · , . When.'sub~ect map ~s-"complete,' the Planninq.!Depar.tment f~ro~oses .to meet'With Istaff. from -Publ ] c Works'~:~Commun,tty~ ~Ser,, ,,.,; {a~ ion. program: i. or'it~'t;s '~e'~,, '-~lcesi Police.and .,F..~.e to develop 'an. .:,:; - . : .... ~:, Priori ty .system Wi:l 1' 'be, baged' ,on 'th~ .ihfo~ma'~'l'6n ~tl !:fi~d above ~[the, .. City's :abil,i~y,*...{6 ;,se~ge: a' g:iven'., ar'ea';:,~. . j ....... .,~%. ... ,.. :~The R1 anni ng',~Staff..'P~.opose's., to 'h'a~]e sai.d ~r'io"r ~' ty ......... '~ys%em~ r~ad2, ;fOr~ ;C:~y ~. ~a~a~er'L~nd Counc~ 1;: Comi~ee, '¢ev:.~e~ 'b'Y_~g~r:ii '2, 19a6..:~~ ' ' '" :, DEPARTMENT OF PUBLIC WORKS 1501 Truxtun Avenue Bakersfield, California 93301 (805) 326-3724 DALE HAWLEY, Manager arch 17, 1986 County of Kern Department of Public Works 2601 "0" Street Bakersfield, CA 93301 ATTN: Mr. Dale Mills, Director C Gentlemen: I T PROVISION OF SEWER SERVICE TO AREAS WITHIN THE CITY'S SPHERE OF INFLUENCE COUNTY SERVICE AREA NO. 71 · Following is my response to the questions submitted in your letter of March 3, 1986: O F 1) Question: Is it the 'City's plan to provide sewer service to all of the remaining areas of County Service Area No. 71 which are within the City's sphere of influence? B Response: Yes. A 2) Question: Will the City enter into an agreement with County Service Area K No. 71 for sewer service to subject areas similar to those agreements in effect for Alta Verde and Union Avenue Sanitation E Districts? R Response: No, however, CSA 71 could install and finance the sewer improve- ments via the formation of an improvement and assessment dis- S trict and the individual property owners could then enter into F license agreements with the City for the City sewer service. Under this arrangement, the City would maintain the sewer mains. I The City presently serves several hundred residents of unincor- E porated areas using this license agreement procedure. 3> Question: Is the $90 yearly charge still a realistic figure to use for estimating purposes for the CSA 71 budgeting? D Response: Yes. 4) Question: Is it the City's intention to enter into an agreement with CSA 71.for payment of Tracts 4006, 4554 and 4555 sewer treatment? Response: No. The area will be served by individual license agreements for City sewer service for unincorporated areas. Very_truly yours, L/J. Dale Hawley Public Works Manager JDH:ps DEPARTMENT OF WEIGHTS AND MEASURES VERNON L. LOWE 1116 Ea~t California Avenue Director Bakersfield, Cellfoml& 93307 RICHARD L. MULLICAN ~ Telephone (805) 861-2418 AnL Director OFFICE MEMORANDUM - KERN COUNTY March 13, 1986 To: The City/County Intergovernmental Relations Committee From: Vernon L. Lowe, Director, Department of Weights and Measures Subject: 1985/86 Capital Outlay and 1986/87 Budget for Fair Housing We have had meetings with Darrell Perkins of General Services and Chuck Todahl of the Purchasing Department, who have helped with the figures in the attached infor- mation. Capital outlay, the modular unit, will require all of the utilities prior to the modular unit being set up. The manufacturer will complete the installation. The budget for 1986/87 is based upon the budgetary guidelines used by the Weights and Measures Department for our own budget preparation. We are figuring that it will be necessary to make a few changes here and there, but what is being presented is going to be quite accurate. la Attachments FAIR HOUSING Capital Outlay 1985/86 Modular unit, complete installation, set up, utility hookups, ready to use $44,500 2 - 12 column calculators @ $192 each $ 384 1 - electronic, heavy duty typewriter, 17" paper capacity 800 3 - 3 drawer, letter size file cabinets with locks 666 2 - 3 drawer, legal size file cabinets with locks 494 1 - executive desk, double pedestal, 70" X 36" 563 1 - executive posture chair 279 1 - secretary desk, single pedestal with typing stand 633 1 - secretarial chair, posture, swivel 140 26 - chair with side arms for use in Assistant Director's office, reception area, and conference room @ $108 each 2,808 2 - conference tables, 96" X 36" 1,200 subtotal $ 7,967 Telephone installation to include: 4 - CENTREX lines 1 - ten-button phone 2 - six-button phones to be installed using Weights and Measures main board with a rotary dial system intercom installation between Weights and Meausres and Fair Housing Offices $ 1,4oo subtotal $ 9,367 total .$53,867 Additional information: City off-street parking may be required for 1.25 spaces per employee Plot plan necessary *Tree removal - 10 trees @ $200 = $2,000 *Drive approach needs removal = $1,200 *Cost of utility hookup =$25,000 Limited on space for expansion if off street parking is required Trailer will not be 60' long (towing tongue included in length), will work out more like 640 square feet than the 720 originally thought. To meet code requirement, it may not be possible to install this unit at Weights and Measures. May open the possibility of requiring off-street parking for Weights and Measures personnel (11 people). There is all kinds of street parking now available. ~Included in $44,500 estimate FAIR HOUSING 1986/87 Budget Directoz - Salary increase, difference between salary ranges 50.8 to 54.0 (17%); $266.16 per pay period X 26.089 $ 6,944 Fringe benefits, OASDI, and retirement 1,190 Total $ 8,134 Assistant Director - Range 47.3, A Step; $1,058.14 X 26.089 pay periods $27,606 Fringe benefits, OASDI, retirement, medical, and dental 7,003 Total $34,609 Secretary - Range 37.0, A Step; $633.05 X'26.089 pay-periods $16,516 Fringe benefits, OASDI, retirement, medical, and dental 5,101 Total $21,617 Workers' Compensation Insurance $ 253 Possible overtime for Advisory Board Meetings Secretary at $7.913 per hour, 6 hours each meeting for 48 meetings $ 2,279 Extra help that may be needed to cover vacations, sick time, or increased workload $ 8,400 Total $75,292 Salaries figured using data for 1986/87 Budget Copy machine, table model, lease per year $ 1,700 Telephone and Telegraph (fiXed costs per year $1,344) $ 2,800 Insurance $ 600 Equipment maintenance $ 350 Office expense $ 1,200 Lodging, meals, registration, meeting expenses $ 1,000 Personal vehicle mileage for inside and outside travel 3,500 miles (2,000 inside, 1,500 outside) @ 28¢ per mile $ 3,180 Services and Supplies Subtotal $10,830 Total 86,122 COUNT ! 0 ;986 Lkl/ TO: DISTRIBUTION DATE: March 3, ~k/A~4AGE~,$ O~:F~CE FROM: Ed Rou~ Assis~AO SUBJECT: Sugary of Proceedings - February 28, 1986 City/County Intergover~ental Relations Co~ittee Joint Meeting The County-hosted-~ee~in~w~ ~eid ~2:~0--N~gn at-~ t~e Hilton Inn, Sutter street Bar & Grill, Bakersfield. Those present were: City of'Bakersfield Pat Smith, City Councilwoman Rollie Moore, City Councilman J. M. Christensen, City Councilman George Caravalho, City Manager Dale Hawley, City Public Works Director Stan Grady, Community Development Department Dave Kennon, Economic Development Director Ken Pulskamp, Deputy City Manager County of Kern Pauline Larwood, County Supervisor Mary K. Shell, County Supervisor Bernie Barmann, County Counsel Geary Taylor, Director of General Services Bill Mungary, Community Development Director Vernon Lowe, Director of Weights & Measures .... Randy Abbott,~Director of PlanningDepartment Harry Ennis, Deputy Director of Public Works Ed Rous, Assistant CAO The meeting was chaired by Supervisor Pauline Larwood. The following were discussion topics: 1. Fair Housing: Rollie Moore and Mary Shell reported on the results of the Housing Authority consideration of placement of the Fair Housing Program with that agency. After consideration of recommendations from a committee of the Housing Authority Board (copy attached), the Housing Authority voted that they would have no interest in managing the program. The Intergovernmental Relations Committee approved recommendation for placement of the Fair Housing Program with the County Weights and Intergovernmental Relations Committee Page Two Summary of Proceedings February 28, 1986 Fair'Housing: (continued) Measures Department. It was noted that the Department should be ~identified as the Department of Weights and Measures/Fair Housing. The !ub-committee is to meet with Vernon Lowe, Bill Mungary and Stan Grady o develop an implementation plan document for a report back to the ommittee at the next meeting. 2. 'County'Service'Area No. 71: Harry Ennis reported on progress to date. The final EIR will be completed in approximately two weeks and the Laborde Annexation is iiProceeding on schedule. The County plans to proceed with the service area development for sewage disposal and water supply facilities. The County also plans to submit a letter to the City requesting that the City consider an agreement with CSA #71 for treatment of effluent from the service area. The City will consider the request and respond to the ntergovernmental Relations Committee. 3. Downtown'Land Exchange - County Administrative Center: Geary Taylor reported that the proposed Downtown Land Exchange Project had been 'endorsed by both the City Council and the Board of Supervisors and that the matter had been referred to. the County General Services Department and the County Administrative Office to work out an agreement with the City on the proposed exchange for a report back to the committee. The plan is to involve legal counsel to develop a proposed written agreement for exchange of the properties between the City and County so that the County may proceed with development plans for the Truxtun site through the standard bid process. George Caravalho urged that potential cost savings by involvement of the Redevelopment <Agency not be overlooked_in -the_~process. City and County staff will /meet to explore the options and report back to the full committee at  he next meeting. 4. CitY Annexations: Rollie Moore indicated that the City Council had approved the City's bringing annexation matters to the Intergovernmental Relations Committee for discussion purposes. He indicated the City is in the process of a General Plan review and that the proposal to discuss annexations at Intergovernmental Relations Committee meetings is intended to continue City/County communications and to encourage cdialogue. The City, with possible involvement of LAFCO also, will plan to make a presentation at the next Intergovernmental' Relations ommittee meeting. Intergovernmental Relations Committee Page Three Summary of Proceedings February 28, 1986 The next meeting of the City/County Intergovernmental Relations Committee is scheduled for Thursday, March 20, 1986, with the City to host. The meeting location will be determined at a later time. The discussion topics are: 1. Fair Housing Program 2. County Service Area No. 71 3. Downtown Land Exchange - County Administrative Center 4. City Annexat~o_~n~r~es~ntation .... ER:cw Distribution: Ail Attendees Supervisor Roy Ashburn Supervisor Ben Austin Supervisor Trice Harvey Clerk of the Board of Supervisors TO: BOARD OF COHHISSIONERS ~FZLLIE L. S'm~.T~, JR., Fair Housin~ Co~ccee H~bers: Fred ~dr~ez, W[~ Cancrell, ~ll~e Shell ~CT: Status of Fair ~us~nE ProEr~ ~quesc . ~Cer study ~ renew of the request that the ~us~n~ ~chor~cy consider -. -operaci~ a Fair ~us~ng Progr~ of the p~ecers as presented by ......................... Counc~n ~ore a~ Supe~sor Shell, we [~d the follo~ng: A. ~ere ~e no local enforc~nC statutes, e~Cher ci~ or co~cy, pertaining Co fair housing or housing d~scr~m~ac~on. ~ere~ore, the State Department of Fair ~plo~enc and H~s~ng vo~d still ~ve enforc~enc Jurisd~cC[on. B. ~d~ng the Housing ~chor~Cy as a "buffer" vo~d not ~prove the s~Cuac~on fr~ where it ~s n~, since the Fair Hous~g Group vo~d only be ~so~, educational, or "testing" related. C. ~e Hous~g ~Chor~Cy already ~s ~ ~cess of 2000 housing ~ts for ~ch ~c is respo~ible. Cu~encly, the AuCho~Cy ~s wor~ng ~Ch a ~ De-Segregation ~pl~ce ~re~enC. ~sc of the ~chori~Vs fair h0us~g efforts ~d best be spent soling ~Cs ~ ~ce~ fa~r.ho~ probl~. · D. From c~e to c~e, tenants of the AuC~r~cy ~y ~sh ~o f~e c~la~ncs agaric the ~Chor~cy for a11eg~ fair hous~ ~olac~o~. ~s ~d present a pocenc~ co~l~cc ~f the ~chor~ ~s ~so the c~la~nc-rece~ agency. E. ~e ~chor~cy ~s financed ~ ~cess of $1~,000,000 of C~-~pC bo~ f~c~ ~ng in ~ch there ~s ~ ~ressed or ~1~ ~duciaw ~ncezesc, ~f the ~Chor~Cy contributes co the [i~nc~al d~sCress of one of its developers by a~d~g the process by ~ch a large claim ~ghc be settled aga~c developer, the f~c~ p~cc~e of c~c ~chor~cy-[~ced d~oper co~d be ~rs~ed. F. ~e ~Chor~Cy ~-~ ~d a co~derable ~C of pro~' a~ b~ness respo~bil~ of late, and the addition of a n~ progr~ ~d probably not be ~ the best ~ceresc of the ~chor~cy or the Fair ~~'~ogr~ aC th~s C~e. H. ~e ~derstand c~t the Coun~ ~e~cs ~ ~as~es Depar~enC ~ ~ceresc~ ~d ~1~ Co ~ercake the pro~, ~d can do it for a b~gec o[ $69,~67. ~d probably be ~re cost effective c~n i~ the ~c~r~cy were ~~~ scafff estates ~cace c~c it ~d cost approx~cely ~1OO,~ y~r ~f the ~chor~cy were co u~ercake ~en a ~-~ ADMINISTRATION AND COURTS BUILDING ADMINISTRATIVE OFFICE COUNTY ADMINISTRATIVE OFFICER 1415 Truxtun Avenue R.S. Holden Tele~one (805) 861-2371 ASSISTANT CO. ADMINISTRATIVE OFFICER I Edward E. Rous FEB ? Baker~ield, California-9~01 CiTY ~,A, ~A~ S OF ..... ...... February 12_, 1987 Mr. George Caravalho, City Manager City of Bakersfield 1501Truxtun Avenue Bakersfield, CA 93301 Dear Mr. Caravalho: RE: Funding of Joint City/County Fire Protection Projects In view of the City of Bakersfield's estimated $2-3 million unanticipated surplus in the current fiscal year's budget, as outlined in an article in the February 6, 1987 edition of the "Bakersfield Californian", the County now requests ~hat the City fund it's portion of the joint City/County fire protection construction projects. These joint projects were undertaken with the mutual understanding that the City would budget sufficient funds to cover its portion of the construction costs at the time the projects were completed. During the preparation of the City's 1986-87 fiscal budget, the City left their portion of the County Fire Station on Landco Street and of the Burn Building at the Olive Drive Fire Training Facility, amounting to a combined total of $300,000, unfunded. This matter was discussed during the Inter-Governmental Relations. Cqmmittee meetings on September 5, 1986 and October 17, 1986, during which I, recognizing the then tight financial position of the City, agreed to defer the City's share of these two projects until the 1987-88 fiscal year. The Landco Street Station will be completed by March 1, 1987 and the Burn Building is expected to be completed by June 1, 1987 and we request, given the significant improvement in the City's revenues, that upon being invoiced, you take the necessary steps to insure that payment will be made in the current fiscal' year for~ the City's portion of these two projects. If you have any questions on this matter, please don't hesitate to call. Sincerely, R. S. Holden County Administrative Officer RSH/JF/sp/JFL1 · cc: Mr. Tom McCarthy, County Fire Chief OFFICE MEMORANDUM . KERN COUNTY TO: DISTRIBUTION [_~~~:~ February 10, 1986 FROM: Ed RouZ Assist~AO ~ ' ciTY MANAGER'S OFF,GE SUBJECT: Summary of Proceedings - February 7, 1986 City/County Intergovernmental Relations Committee Joint Meeting The City-hosted meeting was held at 12:00 Noon at the Red Lion Inn, Lake Isabella Room, Bakersfield. Those present were: City'of Bakersfield Pat Smith, City Councilwoman Rollie Moore, City Councilman J. M. Christensen, City Councilman George Caravalho, City Manager Dale Hawley, City Public Works Director Stan Grady, Community Development Department Dave Kennon, Economic Development Director Richard Russell, Deputy City Mmnager Richard Oberholzer, City Attorney Mary Strenn, Deputy City Manager ~,~--~Ken Pulskamp, Deputy City Manager County'Of Kern Pauline Larwood, County Supervisor Mary K. Shell, County Supervisor R. S. Holden, County Adminstrative Officer Bernie Barmann, County Counsel Geary Taylor, Director of General Services . __ Dale Mills, Director of Public Works Bill Mungary, Community Development Director Steve Ladd, Deputy Director, Planning & Development Services Ed Rous, Assistant CAO The meeting was chaired by Councilwoman Pat Smith. The following were discussion topics: 1. Fair HOusing: Mary Shell reported that the Intergovernmental Relations sub-committee (Shell/Moore) had met with representatives from the Housing Authority Board. An outline of a Fair Housing Program has been developed for Distribution - 2 - February 10, 1986 Housing Authority Board consideration at ~the next meeting. Both sub-committee members, Bill Mungary and Stan Grady from County and City Community Development Departments, will be present for discussion of the program with the Housing Authority Board members. Rollie Moore reported that the sub-committe had a good meeting with both majority and minority members of the Task Force to discuss program placement. The Housing Authority Board will meet on February 12, 1986 and a final sub-committee recommendation will be presented to the Intergovernmental Relations Committee at the next scheduled meeting. 2. Downtown Land Exchange - County Government Center: Geary Taylor -reported - that the~- Intergovernmental Relations sub-committee had determined that retention of the County Government Center downtown is a feasible project and described two possible scenarios for accomplishment: 'PubliC'Sector InVolvement Only: 1. City to acquire Truxtun Avenue site. 2. City/County to exchange Truxtun Avenue and "I" Street property. 3. $400,000 difference in land valuation in City favor; could be absorbed by: a. City participation in parking structure for use in conjunction with Civic Auditorium. b. Rental credits to County for temporary Administrative Office quarters. Significant Points: - County ~ould own, design, and develop Truxtun Avenue property. - City would own "I" Street property for multi-purpose potential such as multi-modal transit facility. PubliC/PrivateSector: 1. City/County joint venture with private developer. 2. Developer/County enter into agreement for lease/design. 3. Developer acquires site through negotiated purchases. 4. City purchases "I" Street property from County. Distribution - 3 - February 10, 1986 Significant Points: - Reduction in County capital requirements. - Reduction of administrative costs to County. Geary Taylor pointed out that the~staff is at the point of needing a decision on the matter from both governin§ boards. The points for decision are: Board Of Supervisors: - Board to decide ~roj_~ct merits_and_~determine if County to remain downtown. - Board to decide on project approach - Public Sector Development vs. Public/Private approach. City'COuncil: - Full Council determination to support County government office retention in downtown area. - Extent of financial participation by City. Pauline Larwood and Mary Shell stressed the need for an early decision on the matter. George Caravalho indicated the City Council had determined an interest in keeping County offices downtown and had authorized staff to discuss a land exchange. He indicated a more detailed report will be presented at the Council meeting of February 19, 1986 and that City response would be conveyed to the Board of Supervisors at the meeting of February 25, 1986 so that further consideration and Committee recommendation determinations could be discussed at the next Intergovernment Relations Committee meeting scheduled for February 28, 1986. 3. COunty'ServiCe'Area No. 71: Dale Mills reported that a meeting of City/County staff was held on February 5, 1986. Engineering answers are now being developed between staff and progress is being made to provide information to residents of the County service area. A further report will be scheduled for the next Intergovernment Relations Committee meeting on February 28, 1986. Dale Hawley discussed City concerns relative to the enviromental impact report, the City's plan for sewage/water supply, and contacts to the California Regional Water Quality Control Board. City/County staff discussions will continue. 4. 'city AnneXation'Matters: Rollie Moore reported that the City Council had approved bringing Distribution - 4 - February 10, 1986 matters of annexation to the Intergovernment Relations Committee as discussion topics in support of continuing to improve communications on City/County matters. The next meeting of the City/County Intergovernmental Relations Committee is ·scheduled for Friday, February 28, 1986 at 12:00 Noon at the Red Lion, Nevada Room. The County will host the meeting and the planned agenda topics are: 1. Fair Housing. 2. proposed Downtown L~nd Exchange f~.County Administrative Center. 3. CSA 71 - Proposed Annexation. 4. City Annexations. ER:cw Distribution: Ail Attendees Supervisor Roy Ashburn Supervisor Ben Austin Supervisor Trice Harvey Clerk of the Board of Supervisors 1~15 Truxcun Avenue Room 602 Bakersfield, CA 93301 February 3, 1986 Board of Directors . - Housing Authority'of Kern County 525 Roberts Lane , Bakersfield, CA 93308 Dear Board Hembers: As requested, ye are sending a brief outline of vhat~a Fair Housing program ~ould be, should you have an interest. Any more detailed, information is available from your o~n ex- ecutive director, ~fr. Faul Castro, ~ho served on the Fair Housing Task Force. - l~e plan to a~cend your meeting of February 12, alo,~g,~ith rep- resentatives of the city and county community development partments to ansver any questiomyou may have at that Thank you for your time. Bakersfield Cloy Councilman Hember, Intergovernmental Relations Committee KelaCions Committee Enclosure A. ~ducatton :Activities :o inform people of their .rights and responsibilities can take many forms. Indeed, a variety of methods is desirable---people have different ways of receiving information. 'In this respect, the list below is a sampling of methods, and is not inclusive. However, other methods need not be more time comsuming than those listed below. Once the basic information is put together, it can be easily put into different formats and presentations. Brochures: (a) About 45 callers (.of qSO) per month will be sent information. (b) 250 brochures/month will be mailed to tenants in rental property. This can be through a mailing service. (c) 50 brochures/month will be 'distributed at presentations and to rental property owners. 2. Presentations: average 2/month Workshop: 2/year 4'. q poster/essay contest per year Attendance ~t 6 other events per year 6. ongoing PSAt--after initial set up with a station or publicatioo PSAs together take less than q hour every two months ?. Other educational activities are possible according to ~ the direotion and creativity of staff B. Hotl~ne Service People call in about discrimination, other landlord/tenant month, 150 calls can-be expected, of which pe.rhaps will concern discrimination; the balance is mostly other landlord-tenant concerns. Most of these calls 'would'be referred to other sources of help, or in the case of a'atraight forward question, handled with little telephone tlme~ Others would take significant time on the phone and perhaps in person. Average time, including talking on the phone, mailing out materials, and some individual counselingI (but not mediation or testing) ia · about twenty minutes per call. O.. ~esting It is estimated that about )5 tests per year would be needed. ~estere are volunteers who have to be recruited, trained, given specific directions for a test, and debriefed after a test. D. Mediat~on About 50 cases of discrlminat~on per year would be mediated. E. Litigation .... -- It is possible that litigation would be needed, but this ia unlikely enough to not include as a specific time or cost. C0ordl~atlon Other entities carry out fair housing or related cervices. Some small amount of'time each month needs to be allocated for theee.'activltiee. CITY/COUNTY COOPERATIVE PROJECTS There are several major streets in the metropolitan area that are overloaded or narrow and the number of accidents are high that will require cooperation· of both the City and County'to resolve. Most of these locations were identified in the 1982 MetroPolitan Circulation Study as priority I projects needing attention,within five years. The S years are up and we still do not .have a plan to construct many of the improvements 'recommended in the study. I would suggest we begin some serious dialogue °n.those projects that require both City and County participation and establish a pri°rity, time schedule and method of funding. An example: We can obtain a $4.5~grant to replace; realign 'and widen the the Stockdale Highway Bridge. This bridge.qualified because of the high number of accidents and fatalities at the location, However one of the conditions is that the approaches also be widened to 4 lanes. The east 1/2' mile approach-is in the City. The west 1/2 mile is in the County.