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Home My WebLink About10/29/93 BAKERSFIELD MEMORANDUM October 29, 1993 TO: HONORABLE MAYOR AND CITY COUNCIL FROM: ALAN TANDY, CITY MANAGER SUBJECT: GENERAL INFORMATION 1. We have received the endorsements of the Chamber, Kern Tax and the DBPOA for the Hotel! 2. There was a reasonable article on the Hotel in the Bakersfield News Observer this week. A copy is enclosed. 3. The Asset Forfeiture Funds quarterly report is enclosed for your information. 4. There is a letter enclosed to Warner Cable regarding complaints to the City Manager's Office. 5. There is a memo .enclosed from Trudy Slater regarding SB 1140, and its relationship to the Brown Act and Committee meetings. In all probability, beginning in April, all standing Committee meetings will, under the Brown Act, be open with notice and agenda requirements. 6. A letter from the County regarding a proposed CSA for the traffic signal at Old Stockdale is enclosed. 7. The City employees have again taken the top award in the Kern County Rideshare Challenge! 8. Gall Waiters, Assistant City Manager, will start work on Monday. 9. Ed Schulz has "officially" taken the Golden Handshake, but will be staying on in his usual r°le as a social security employee until January, or even February, if I can talk him into it. 10. The appointment on the Water and Sanitation Manager position is likely to be announced next week. 11. Response to a Council Meeting question: Fire Station #2 was originally to " be rebuilt. Then, we found out retrofit grants were available through the State. That, plus the financial crisis, caused us to convert it to a retrofit project. We are in Phase II of the grant application process. AT. al b Enclosures cc: Department Heads City Clerk PO 64-2759 MEMORANDUM FROM s_ ~_ ~g~g, ~h~ nf Pnlieo . SUBJECT · he balance in the asset forfeiture account as of September' 30, 1993, is $2,456,762.27, which is an increase of $724,095.56 from June 30, 1993. However, in October 1993 the account balance was decreased in the amount of $386,125 due to expenses for the D.A.R.E. program ($122,025) and the probation compliamce team ($264,100,) resulting in an actual net increase of $337,970.56, rather than $724,095.56. Contributing significantly to this increase were funds received from four major narcotic offenders (case n,,mhers 91-26689, 92-50065, 92-23688, amd 93-17296, in the amounts of (91,730.70, $367,121.60, $47,577.07, and $126,617.71 respectively.) There were no major expenditures during this period; however, the council approved appropriations for the purchase of a mobile holding trailer ($70,000,) four replacement vehicles ($50,000,) vehicle radios ($27,000,) and 117 pagers ($28,000.) These purchases have not been deducted from the balance. In addition, during the fiscal year 1993-94, the department anticipates expending approximately $500,000 for a records mamagement system; $1,200,000 for a mobile data termimal system; and $50,000 for capital outlays as needed. SEB:VJ: sml CITY ~ANAGEM~ 22 OCT 95 ~ 27 CITY OF BAKERSFIELD CITY A'I'rORNEY OFFICE OF THE CITY ATTORNEY PH. 805-326-3721 LAWRENCE M. LUNARDINI '. FAX 805-325-9162 1501 TRUXTUN AVENUE CHIEF ASSISTANT CITY ATrORNEY BAKERSFIELD, CA 93301 DEPUTY CITY ATTORNEYS JUDY K. SKOUSEN ALLEN M. SHAW WALTER H. PORR, ~It.. ASSISTANT CITY ATTORNEYS October 22, 1993 MICHAEL G. ALLFORD ROBERT M. SHERFY ALAN D. DANIEL ADMINISTRATOR LOUISE T. CLOSS FRANCES E. THOMPSON JOHN D. CLOSS LAURA C. MARINO Mr. Bill Grindstead, President Time Warner Cable of Bakersfield 3600 North Sillect Avenue Bakersfield, California 93308 ~ Re: 'Referring Complainants to City' Manager's Office Dear Mr. Grinstead: For purposes of this letter, I attach a copy of the printed material which accompanied the bill sent by your local cable franchise to your customers/rate payers in the last month. It tells your customers in particular, "In accordance with Federal Communications Rules, if you have a complaint that you feel we haven't resolved to your satisfaction, you may write to: City Manager's Office, City.of Bakersfield, ... or the FCC." As you are aware, the City of Bakersfield has not attempted to regulate rates in the'franchise area. If'the City was regulating this area as is probably.the case in many areas where Time-Warner provides cable service, such a comment might be appropriate. The regulation'you cited to Ms. TrudY Slater, which I assume to be an FCC regulation found in the United States Code of Federal Regulations, is authority only for identifying the franchising public entity, to whom· Time Warner is paying' a franchise fee. It certainly, is not authority for referring rate complainants to a non-regulating franchising authority. You know perfectly that the City, without taking the necessary steps to regulate rates under the 1992 amendments, does not have the power to change Your customer"s cable rates. Your · parent company legal staff may have directed all its subordinates CiTT I~A NAGER-,~ 22 OCT 95 :; o 15 Mr. Bill Grindstead, President Time Warner Cable of Bakersfield Re: Referring Complainants to City October 22, 1993 Page 2 to add this statement to their bills assuming in the majority of cases, the franchising authority was regulating rates. But, since the City is not regulating rates in this instance, your written referral to the City Manager's Office is completely misleading. While it may create some short-term problems for the City, it can do nothing but damage your credibility with your customers when they learn of the mistake or deception. Such an error is a "lose- lose" proposition for your company. The City hereby trusts that once this has been brought to your attention, you will stop printing this message on your future bills to your customers. Very truly yours, Allen M. Shaw Deputy City Attorney AMS/meg Corr3\C~LE\G~S~. n~ Enclosure cc: Alan Tandy, City.Manager Judy Skousen, Chief Assistant City Attorney Trudy Slater, Administrative Analyst PROGRAMMING AND PRICE CHANGES WITH' FM SERVICE HILL TAKE PLACE OCTOBER 1. THE NEW PRICE WILL BE.~I.95 PER MONTH. WE WILL CONTACT YOU SHORTLY REGARDING A NEW "DIGITAL" AUDIO SERVICE WITH THE LATEST IN SOUND QUALITY AND MUSIC CHOICES. i/IN ACCORDANCE WITH FEDERAL COMMUNICATIONS COMHISSION RULES,'IF YOU HAVE A ! COMPLAINT THAT YOU FEEL WE HAVEN'T RESOLVED TO YOUR SATISFACTION YOU HAY ~! ~WRITE TOt CITY MANAGER'S OFFICE, CITY OF BAKERSFIELD, 1501 TRUXTUN AVE, / ~BAKERSFIELD, CA 95501 OR THE FCC. ALL COHMUNICATIONS SHOULD INCLUDE YOUR FCC \COMMUNITY UNIT IDENTIFIER, CA OlqS. / BAKERSFIELD MEMORANDUM October 26, 1993 TO: ALAN TANDY, CITY MANAGER FROM: TRUDY SLATER, ADMINISTRATIVE ANALYST SUBJECT: BROWN ACT BILLS I have just spoken with Ernie Silva from the League of California Cities who indicated to me that interpretation of the Brown Act needs to run through our city attorney's office. However, given that he is not an attorney and is not purporting to give us legal advice, this is what he believes is the case. Committees/subcOmmittees which deal with a continuing subject matter jurisdiction are subject to the open meeting requirements of the Brown Act. It appears that our standing Council committees, since they have specified committee members and deal with specific issues, would fall under the provisions of the Brown Act. "Ad hoc" committees, essentially those who do not deal with continuing subject matter jurisdiction, who have less than a quorum of the council, and who don't have published meeting schedules, do not fall under the Brown Act provisions. Thus, if a legislative body hands out assignments to council members on a case by case basis, those with the assignments make up "ad hoc" instead of standing committees. Ernie believes the conditions concerning standing committees was added at the last minute to SBl140. The bills become effective April 1, 1994. They deal with 72-hour notifications but places and times are left up to the discretion of the convenience of the members of those meeting. Do you wish a copy of this to go to Judy? (m1026931) WASTE MANAGEMENT DEPARTMENT RESOURCE MANAGEMENT AGENCY DAPHNE H. WASHINGTON, Director ~ JOEL HEINRICHS, AGENCY DIRECTOR 2700 "M" STREET, SUITE 500 ~ Air Pollution Control District BAKERSFIELD, CA 9~301 Engineering & Survey Services Department Phone:. (805) 861-2159 Planning & Development Services Department Transportation Management Department FAX: (805) 325-9882 Waste Management Department October 25, 1993 Alan Tandy, City Manager City of Bakersfield' 1501 Tmxtun Avenue Bakersfield CA 93301 Dear Alan: After receiving your October 22nd letter, I felt it necessary to clarify our position on the formation of a county service area (CSA) for'a traffic signal at the intersection of Stockdale Highway and Fairway Drive. The Waste Management Department, in response to a request by a majority of the property owners, is in the process of forming a CSA. County staff was contacted by residents about obtaining a traffic signal at this location. At that time, the residents were informed that the intersection was on the County's priority list; however, County funding was unlikely within the next few years. Because the residents were looking for other options, we discussed fOrming a county service area and provided the area representatives with a CSA formation petition. Signed petitions from a majority of the property owners in the area supporting the formation of a county service area have been returned. In the petition, the property owners indicate a willingness to pay for the installation of the traffic signal. It is not Our intent to create unnecessary bureaucracy or costs to our citizens. However, if .... property owners do not'Want to; or cannot,- annex to the City-and wish to receive publiC services not otherwise provided-by the County, we will attempt to form a county service area to provide those services. Sincerely, Daphne H. Washington Director t~,q,~v~ ~p,~DHW: CAL:nef LS.L24 PRINTED ON RECYCLED PAPER Donald R Hall Texaco Refining & Post Office Box 1476 Bakersfield CA 93302 October 20, 1993 Plant Manager Marketing Inc BakersfieldPlant 805 326 4232 Mr. Alan Tandy City of Bakersfield 1501 Truxtun Avenue Bakersfield, CA 93301 Dear Mr. Tandy: Congratulations! The dedicated efforts of Barbara Lewy and the - City ~f B~ersfield emplcyees,brcught your company tc victory-i~ the 500+ employee category of the Kern County Rideshare Employer Challenge! Texaco employees had a fun time while participating in California Rideshare Week. Their commitment was focused not only on the excitement of the competition, but also the importance of working together to improve the air quality. Pollutants escaping into the air were reduced with the help of Texaco employees, City of Bakersfield employees, and the 4,000 other Kern County commuters who pledged to participate in the campaign. I look forward to the time when the mountains can be seen daily. With the continued support and commitment to clean air by the City of Bakersfield and other employers, that time is just around the corner. Your partner in clean air, DRH/JL/kjt CITY