Loading...
HomeMy WebLinkAbout01/14/94 . ,7. I' 4. - BAKERSFIELD MEMORANDUM January 14, 1994 TO: HONORABLE MAYOR AND CITY CO FROM: ALAN TANDY, CITY MANAGER SUBJECT: GENERAL INFORMATION 1. Just a reminder that the City offic s will be closed this coming Monday (January 17th) for the Martin Luther King, Jr. Holiday. 2. We had the formal kickoff of the budget process this week. Enclosed, you will find a copy of the Budget Instructions for the departments. The essence of it is that, based on financial trends, we are looking toward what we hope will be a break-even, boring budget year, without significant increases or decreases. We wi 11 bri ef the Council on these fi nanci a 1 trends at a later date. 3. I did get a positive telephone call from McAllister Ranch about the letter I sent them on annexation. They indicated they will be in town in a few weeks, and are interested in meeting with us. 4. A memorandum to departments giving instructions relative to compliance with the new Brown Act is enclosed. These i nc 1 ude the now more cumbersome procedures and the open meeting mandates we have briefed you on before. Also contained in this information is the reassignment of personnel as lead persons to some of the committees. In order to comply with the Brown Act requirements and time frames, etc., we are going to have lead staff people assigned from out of the City Manager1s Office for all committees. The list is on the memorandum enclosed. Finally, you will also find enclosed the new agenda format - the first one under the new Act will be Budget and I Finance. !' 5. On the Hotel, we did get news that one of the Series was rated "A". This Series is included in the wastewater refunding, meeting rooms and bridges. Interest rates should be between 4.5% and 6%, depending on term. We are waiting for word on the rating of another one of the Series in the bond issue. A 1 so, the archi tect and buil di ng contractor have schedul ed a meeting, next week, to begin getting work in progress. I , 6. You will find enclosed a summary analysis of the Request for Proposals ,I received on the City Attorney position. We intend to have this on your Agenda for action at the next regular Council Meeting. Please let us know if you wish additional information. 7. Some notes are enclosed from Gail Waiters, who attended a meeting of the Oleander Sunset Park Association. I ,I -- "'- ~ HONORABLE MAYOR AND CITY COUNCIL January 14, 1994 Page -2- 8. I have had a conversati on with John Spaul di ng, and we are tryi ng to coordinate a possible meeting date next week to continue discussions on the issue that was before you at the last Council Meeting. 9. A copy of a letter to James Nickel is enclosed regarding the Mesa Marin Raceway Conditional Use Permit (Council Referral). AT.alb Enclosures cc: Department Heads City Cl erk Ii, " , I, , , I I --- . 0 . Æ . - B A K E R 5 F I E L 0 MEMORANDUM January 13, 1994 TO: ALL DEPARTMENT HEADS AND BUDG T STAFF FROM: ALAN TANDY, CITY MANAGER r SUBJECT: FISCAL YEAR 1994-95 BUDGET IN RUCTIONS The Fiscal Year 1994-95 Budget will represent a "no growth" budget for City departments. While the rest of the State is still struggling with a recession, the local economy has been holding its own. Based upon sales tax receipts for the last quarter, the downward trend in sales tax revenues we have experienced over the last two years appears to be reversing itself. This does not mean that we will have a fortune to spend, but it does mean we can begin to regain some of the ground lost to the recession. I do want to express my appreciation to all departments and their staffs for their commendable efforts during last year's budget cycle. The spirit of cooperation exhibited has enabled the City to start this budget year with a General Fund beginning balance higher than was expected. Departmental efforts to economize and the positive outlook of sales tax revenues will help to mitigate the permanent loss of over $3.2 million in property tax revenues experienced through State action over the past two fiscal years. As this is an election year, it is not clear where the State will focus its attention on reducing its over $4 billion budget deficit. Preliminary information suggests that the State will not be "grabbing" property tax revenues from us this year. But, until the official budget document is approved by the legislature, we must remain on guard. One of the greatest unknowns about the upcoming budget year will be negotiated salary settlements, with all of the bargaining units except Police, up for negotiations. In Fiscal Year 1993-94, negotiated labor agreements accounted for approximately $3 million in increased expenditures. Often, salary settlements do not occur until after budgets are submitted to the Manager's Office, therefore, negotiated salary settlements will be factored into departmental budgets by the Manager's Office as they become available. We will be evaluating current trends resulting from State and county actions which may affect the City as well as looking at compensation trends from other cities to determine our ability to retain and attract a qualified workforce. This coming year we will focus Page 1 ------- --- - . I more attention on employee incentives for professional development and ways to improve organizational effectiveness. Although difficult in times of budgetary constraints, departments are encouraged to continue submitting new and innovative ideas for program and service improvement. Many of the ideas presented last year were implemented with regard to new ways of addressing funding shortfalls. As you know, in November 1993, voters passed Proposition 172 which permanently extended the 1/2 cent sales tax to allow for enhanced public safety services. But even with that, these additional revenues hardly protect us from the continuing problem of the I State's budget woes. The City's share will be based on approximately two percent of the County's total monthly allocation reserved for cities. This equates to revenues of ahout $500,000. As mentioned earlier, we also hope that sales tax receipt trends are improving. After nearly two years of a downward trend, receipts were up three percent last year for the most recent quarter. The City's Finance Department projects that our total sales tax revenue base will increase by three percent for Fiscal Year 1994-95. Another potential revenue stream will be the likelihood that we will settle an issue with the County of Kern over the distribution of the Fire Fund for properties which have been annexed over the last several years. The revenue from the proposed settlement will be used to staff the Rio Bravo Fire Station. As a result of State budgetary actions, the City can factor an additional $500,000 in 1993/94 revenues for one-time increases to its motor vehicle in lieu tax. These revenues are from a special license fee which is equivalent to 2 percent of the market value of motor vehicles imposed annually by the State in lieu of local property taxes. Motor vehicle in lieu taxes are included in the general fund to help support fire and police services as well as quality of life services. These factors plus some changes that were implemented td improve our internal administrative process, such as cost accounting tracking, has temporarily shone a brighter light on City finances. After the unprecedented events experienced last year, some of this preliminary information may come as a relief, however, we are not out of the woods yet. A cautious and conservative approach to the upcoming budget year is warranted and a special " effort of cooperation and creativity by all employees will again be needed to address " II budget issues with the least amount of impact to City services. FY 1994-95 BUDGET SUBMITTAL Because this will be a IIno growthll budget year, Departments are requested to submit II their budgets at the same level of appropriations as reflected in the FY 1993-94 Budget, I plus any Council approved amendments as of January 12, 1994. This will be considered your IIbaseline budgetll. I ncreases , anticipated for FY 1994':95 for items such as medical i, ! I Page 2 I' , I II I I I' . ; insurance, longevity pay, step increases, safety certificate pay and any negotiated salary settlements that are currently in effect will be included into the baseline budget. Staff is in the process of calculating the impact of these items on each department's baseline budget, and as soon as figures are available, departments will be notified. Departments are at liberty to vary line items as long as the total requests for appropriations are the same as FY 1993-94 baseline budget. Amendments through January 12 are reflected in the budaet file (BUD. USER} under the column IICUR.BUD AMENDEDII. Do not use the General Ledger (ACCOUNT.LOOK) as it reflects all budget transfers and prior year accounts. In most cases, the figures in the Amended Budget and the Annual Budget are one in the same. The uncertainty of the outcome of negotiated salary settlements and the potential for the legislature to change the rules on us again requires the City to take precautionary measures. Therefore, I am requesting that departments prepare a budget reduction package with additional schedules at 5 percent below the baseline budget as outlined in this memo. While this precautionary measure may end up being a contingency only submittal, it should be seriously addressed and well prepared. Attachment A is a copy of the Budget Reduction form that must accompany your submittal. Items offered up for reduction should be listed in priority order and clearly outline the impact of their implementation. Departments should specify if the savings are ongoing or one time and indicate the possible dates of implementation. In some cases, there may be some question as to whether a specific item, such as debt service, one time grant monies, or maintenance districts should be included in a baseline budget. Any requests to exclude a specific item from the baseline budget must be submitted by the department head in writing to Gail Waiters and with a carbon copy to Melanie Dunwoody. Any requests for exemptions made during the Fiscal 1993-94 budget process will need to be resubmitted. All departments and divisions are required to provide a letter of transmittal with their budget documentation. The transmittal letter is your opportunity to convey to the City Manager the significant issues associated with your proposed budget, and point out major programs and projects for both the Operating and Capital Improvements Budgets. Budgets are due March 4 and it is especially important that departments make every effort to submit them in a timely manner, REVENUES : , It is important to consider all available revenue alternatives and examine existing fees to insure that costs are being recovered. If you have identified any opportunities for revenue generation, you are encouraged to write them up and address them in a memo to the City Manager's Office. II Page 3 I I . , EXPENDITURES Personnel Accounts The salary and wage computation worksheets were distributed to your departmental representative on December 14. According to the Budget Calendar, also distributed at that meeting, this material is due to the Manager's Office Friday, January 14th. It is important to submit this data in a timely manner as it will be used to determine each department's baseline budget. As in the past, Data Processing will calculate and post all Group One accounts except for requests for overtime, temporary and seasonal personnel, and auto and uniform allowances. The City Manager's Office will update the budget file to reflect negotiated salary increases and retirement costs as those figures become available. Personnel ReQuests Requests for additional personnel will be considered only in special circumstances, such as those positions that would address revenue generation programs, offset savings in another line account, or those resources related to the settlement of the Fire Fund dispute. In addition to entering the request for additional personnel on the PRIME, all requests should be included in the departmental budget and be accompanied by a written justification. Departments should remember that this is a "no growth" budget and that there may be little opportunity to reinstate positions lost in last year's budget reductions. Requests for reclassifications are due to Personnel by February 1 st. All request are to be accompanied by a written justification and included as part of the computerized budget even if there is no net change in salary. Include a copy of the request submitted to Personnel in your budget binder. Reimbursable Expenses for Travel and TraininQ As in previous years, this account is subject to review. Due to the sensitivity of incurring expenses in this area, historic expenditures should be thoroughly examined and considered carefully. Requests for out-of-state training and travel will be made on a case-by-case basis, requiring City Manager approval. Requests must include individual name, position, type of training, locations, dates if known, and how the training will benefit the city. I; Page 4 - I Reauests for Vehicles and Communications Eauipment All requests for new vehicles and communications equipment should be given careful consideration before being included in your budget. Requests will be reviewed by a committee from the Manager's Office and the Equipment Division. Requests are due to the Equipment Division by January 22. Reauests for Remodels and Special Eauipment or Communications Projects Special projects are non-recurring services that are not considered routine repair or maintenance services. A special project request is a request for modification of existing .' facilities and/or equipment. Depending on the request, the cost will be calculated by General Services, Equipment or Telecommunications. Requests for special equipment or telecommunications projects are budgeted by the requesting department. In general, requests submitted to General Services are budgeted by General Services. Note that efforts to shift costs that should be reasonable borne by the department, will be discouraged. An example would be requests associated with a cost recovery center or an Enterprise Fund. Requests should be restricted to those that are absolutely necessary for legal or safety reasons. Enterprise and Interdepartmental Service Funds All funds, including Enterprise Funds, are expected to submit a FY 1994-95 budget at the same level of funding as their baseline budget or to make a like contribution to the General Fund. Enterprise funds can be exempt from the requirement to submit a "no growth" budget if they find a way to increase their contribution to the General Fund by a like amount. Staff in the City Manager's office is available to discuss alternatives to achieve that objective. Interdepartmental service funds, such as the Equipment Fund, will need to submit a "no growth" budget by reducing both charges to departments and proportionately their own expenditures. That will require cooperation between the departments with the internal service fund and the departments who use those services. Capital Outlay Reauests I All capital outlay requests should be considered in context of the current budget I, situation. Priority will be given to one-time expenses which tend to reduce recurring annual costs. All requests must have brief justifications indicating the needs for the item, particularly if it addresses legal or safety issues. Page 5 ------ ------- " , I . CAPITAL IMPROVEMENT BUDGET Trudy Slater will be coordinating the Capital Improvement Program Budget this year. She will be working with the departments and assisting them with their budget preparation. Please direct all questions regarding the Capital Improvement Program Budget to Trudy at extension 3769. As with previous budgets, all requests should be well thought out and contain background information. Specific plans should be provided to deal with capital improvements and needs over the next five years. Each plan should include policy statements regarding funding and set priorities for capital projects in each functional area. The Capital Improvements Budget is due to the Manager's Office by February 11. The City Manager's Office is prepared to assist you in the preparation of your budget. Please direct your calls to Melanie Dunwoody (ext. 3747) or Gail Waiters (ext. 3751) if you have any questions regarding the Operating Budget. Questions regarding the Capital Improvement Budget should be directed to Trudy Slater at extension 3769 or Gail Waiters at extension 3751. i I: I Page 6 I: ------ ---- - . . . 0) c: c a "E , m "C CtS E Q) 0) f/) '- 0 ~Q) a :J > . -~ "C ~~ ~ .5 .- Q) <0 0 c: -!::!E '- T'""Q) a ¡;;; '- Q) - ê~.c ë~ æ tUc: = a.> a ~:J ~ CtS.c a. -0) f/) >0 ~ acñ § .c~ a. f/) -.- > 0) Q) CtS ~ m ;t:: '+- > ~:J a Sf/) ~ CtS......- E Q) cts ~ > > '- c: ~ 0 E .5 1;) I 0> ~ aa. :J >- = t:: a 0 :J .-:..J .g~ ~ Q) 0 Z a.a c: .r:. ~ - 0 '- -0 "C .9a. Õ .9= Q) W Q) Õ - Q) .E f/).-! 0 c: 0 :J a.. .~ E Q) .~ .~ g> ~ Q):J E Q) '- ._~ U) ã> Q) - U)'S Q) -"'" e~ -CT .c 0". OeD am U) W VI - C\J "'" .- Q) 1;) c: - Q) f/) "C I >Q) Q»- >t:: c: Q):J Q)= Q) a CtS >- "C CT > CtS "C a. -:..J Q)~ ~~ Q)~ ~ Z °t:: _cts oQ) "C 0 :J Q)E:J :J "C8. ~CtS "CE .c W Q) - '- Q).¡: a: ~ CJ) "C a: 0 "C.-! Q) c.. - - - - ~ ~ ('I) C\J C\J ,..... a. ~ 0 ~ ~ 0 a ('I) ~ ~ v '- ~ C\J C\J 0 a. W C\J C\J C\J ,..... - T'"" T'"" C\J v I - - - 0) ~ ~ ~ ~ ~ ...J ~ ~ ~ ~ ~ g g g ~ ~ Q) ....0 a ~~ '- ~~ a. :J ~ m E ""5 - a "C ~ '- '- f/) Q) m u..° - ã) c: .r:. 0 U) 00::: a 0 c: - a. .:::: f/) .- 1ft a. c: Q) - VI oOQ) >- U) > 0 E '- .- E I- '- ~ :J Q. _0 0> 0 "C a t:: ~ 0 Q) Q) ~ ~ ::J - Q) .- - a: ..... "C ", - :s:: Q) U) OJ, 0> () 0 0 CtS .~ , a: 0> - - - õ - ~ - Q T'"" (\ C\J I- cts 0)0> - - - 0 0) C) 0> T'"" 'C . g T'"" C\J ('I) ~ > ~ 0 a u..ma. Z I I - --- , " . Æ . - B A K E R S F I E L D MEMORANDUM January 13, 1994 TO: DEPARTMENT HEADS ALAN TANDY, CITY MANAGERjif, ~^,J FROM: I' IIV I SUBJECT: STAFFING COUNCIL COMMITTEES, \ BOARDS AND COMMISSIONS As you know, the Brown Act amendments which will officially take effect on April 1, 1994, will have significant impact in the way in which Council committees, boards and commi ssi ons conduct business. All meeti ngs must be pub 1 i c and governance rules are more formal than in the past. Violations of the Brown Act are a criminal offense, so all parties need to exercise caution. The Council has indicated that it wants to begin to conduct business under the new provisions immediately so that by the time April rolls around, everyone should be famil i ar and up-to-speed with what is legally required and/or acceptable. I also believe it is wise to get a jump on things and am, therefore, requesting that the following changes be implemented: Boards and Commissions a. Staff should encourage boards and commissions to strongly consider abolishing any standing committees to lessen member's time commitments and staff workload. Work should be done whenever possible by the full advisory body. b. In the event a committee is not abolished, all meetings will be public and subject to the same Brown Act requirements as are Council committees. Council Committees a. All Council Committees will now have the lead person assigned from the City Manager1s Office. This will ensure consistency in administrative procedures as well as allow for a more immediate response to Council needs. The staffing structure will be as follows: * Gail Waiters -- Budget and Fi nance; Urban Development; Water Resources * John Stinson -- Intergovernmental Relations; Personnel; Community Services * Trudy Slater -- Legislative and Litigation; Centennial * Melanie Dunwoody -- Ad Hoc Economic Development . ¡ I Staffing Council Committees, Boards and Commissions 2 January 13, 1994 b. Department Heads and/or their staff will continue to provide support and make presentations to the appropriate bodies as the items pertain to their areas of responsibility. OCM staff will contact departments to notify them of when they will be required to make a presentation and/or to be present at a committee meeting. The department representative is responsible for notifying the lead staff person in advance of the meeting of any new developments in the material to be presented. This includes any changes in the staff who wi 11 be presenting. Department support wi 11 include preparing staff work prior to a committee meeting and any Administrative Reports or notes for the City Manager's Agenda Highlights or General Information memos. Supporting documentation is expected to be submitted as an attachment/enclosure wi th the meeting agenda to all ow committee members amp 1 e time to review. This would require that all staff work be completed two (2) working days prior to the committee meeting. A sufficient number of copies must be available for distribution to the public prior to the meeting through the originating department, as well as extra copies for the public in attendance at the meeting. The City Clerk should have one on file for public review. c. The process for taking of minutes has not changed, but should still be reiterated. At a minimum, minutes should be "action oriented," which means noting the agenda topic, what action was taken, and who offered the motion. An example of acti on mi nutes is attached for your information. A tape recorder will be available for check out from the Manager's Office should staff determine it necessary. Whether hand written or taped, the lead staff person will be responsible for preparing the minutes, and will forward them to the Department for review of their particular items prior to City Manager approval. Recording or broadcasting of meetings by parties other than City staff is allowable as long as it is not deemed disruptive. d. OCM staff will coordinate agenda items with departments so that the appropriate timeframes are met. Since most agenda items result from Council referrals, staff must be diligent about follow up of new items and bringing closure to pending ones. If there are any items currently pending, departments should forward that information to the appropriate lead staff person immediately. e. Agenda format shoul d be consi stent wi th the structure of the Ci ty Council agenda simply because that structure is already familiar to II the public, committee members and the media. For example, all I meetings must include time for public comment. If an executive session is called, it must be noticed with the appropriate statutory reference the same as for Ci ty Counci 1. An example of the agenda - ------- u- ¡ Staffing Council Committees, Boards and Commissions 3 January 13, 1994 format is attached for your information. One of the agenda items that must be discussed and action taken on at the next available committee meeting is to set regular meetings. This includes establishing the frequency of committee meetings, the time of day, and the day and week each meeting will be held. The new Act requires that all regularly-scheduled committees have a 72 hour advanced posting of the meeting agenda. Agendas for speci a 1 meetings must be noticed at least 24 hours prior to the meeting. If this is not done, agenda notices must be faxed or hand delivered to all 15 media agencies. If they are faxed, staff must follow up with a telephone call to ensure that the fax was received. This amendment also precludes any changes or additions to the agenda once it has been published. f. Unt i 1 further notice, those committee meetings that have been scheduled for the noon hour will continue to include lunch. It is the lead staff person's responsibility to ensure the correct amount of lunches are ordered for meeting participants. Lunch should be scheduled at least 15 minutes prior to the official starting time of the meeting. This will allow committee members an opportunity to finish their 1 unch before the public meeting is scheduled to begin. This also pertains to those commi ttees who typically have dinner served. The Ci ty Attorney's Offi ce wi 11 be conducti ng a workshop on the revi sed Act Wednesday, January 12 at 9:30 a.m. in the City Manager's Conference Room. It is mandatory that a representative from the following departments/divisions who work directly with Council boards, commissions or committees attend the presentation: Economic and Community Development, Development Services, City Clerk, Community Services, Water and Sanitation, and Office of the City Manager. As background information, a copy of the City Attorney's synopsis of the Brown Act amendments is attached for your review. Be sure to share this information with your appropriate staff members. I I cc: City Clerk Administrative Analyst Slater Budget Analyst Dunwoody Attachments: 3 _u- ------ ----~~-------- , ¡lTt"ÆC 1-1 M EJJ(' A- ~ . - B A K E R 5 F I E L 0 Alan Tandy, City Manager Kevin McDermott, Chair Staff: John W. Stinson Patricia J. DeMond Randy Rowles AGENDA SUMMARY REPORT BUDGET AND FINANCE COMMITrEE I I Thursday, September 16, 1993 12;00 noon City Manager's Conference Room 1. Fireworks Fees (Steve Johnson) The Report from the Committee will be on the Agenda for the City Council Meeting of September 22. 1993. The Committee met with staff and discussed options for streamlining the permit process to provide for a one-stop permit and periodic inspections. There was discussion about additional changes to the Ordinance. The Committee is recommending that staff continue to work on the Ordinance and come back \vith recommended changes. ,., S.P.CA. Contract (Melanie Dunwoody and Laura. Marino) The Committee met with representatives of the S.P.CA. who presented proposed improvements to the animal control shelter on Gibson. The Committee recommends the approval of the Agreement. which will be on the City Council Agenda for September 22. 1993. ..., Business License (Bill Descary) .J. City Treasurer Bill Descary gave a brier update on þis conversations with Mr. Robert Scales. Mr. Descary explained that Mr. Scales had several issues. It appears as though there are several options for addressing Mr. Scales' concerns regarding how business licensing affects smailer businesses. Staff from the Finance Department and the City Attorney's Office will continue to review options for dealing with this issue and report back to the Committee. ------ 4. Residential Solicitations (Bill Descary) This item was originally referred by Councilmember Edwards to the Attorney's Office, who prepared changes to the Residential Solicitation Ordinance, which was referred to the Budget and Finance Committee. There was considerable discussion regarding the current policy and the proposed changes to the Ordinance, including comments by the Police Department relative to enforcement issues related to residential solicitations. Based on this discussion, there is no immediate need to pursue this matter. 5. Set Next Meeting November 4, 1993 (Tentative) Attendance: Councilmember Kevin McDermott, Chair, Councilmember Patricia DeMond, Councilmember Randy Rowles, Alan Tandy, John W. Stinson. Larry Lunardini, Fire Chief Johnson. Melanie Dunwoody, Laura Marino. Bill Descary, Jim Lewis. A- rt7ruf1U ÐJ1 13 AGENDA MEETING OF CLOSED SESSION . 1. ROLL CALL REGULAR MEETING 1. ROLL CALL 2. PRESENTATIONS 3. PUBLIC STATEMENTS 4, DEFERRED BUSINESS 5. NEW BUSINESS 6. COMMITTEE STATEMENTS 7. ADJOURNMENT - ------------ --------------- --- ' ., MEMORANDUM December 16,1993 TO: HONORABLE MAYOR AND COUNCILMEMBERS FROM: JUDY K. SKOUSEN, Acting City Attorney SUBJECT: AMENDMENTS OF THE BRCYtm ACT .' The Brown Act was amended recently with the passage of Senate Bills 36 and 1140, and Assembly Bill 1426. Pursuant to your request, a summary of the effects of this new legislation, which takes effect April 1, 1994, is set forth below. Conunittee Meetings - The Brown Act applies to "legislative bodies." Section 54952 (amended by Senate Bill 1140) amended the definition of "legislative body" to include standing committees of a legis- lative body which have a "continuing subject matter jurisdiction, or a meeting schedule fixed by charter, ordinance, resolution, or formal action of a legislative body." This definition also includes a multi-member body that governs a private corporation or entity that either "is created by the legislative body to exercise authority delegated to it by the legislative body" or that receives funds from a local agency and its membership includes a member of the legislative body. This would indicate that the standing committees of the City Council will now be subject to the Brown Act. Newly Elected councilmembers - Section 54952.1 (amended by Senate Bill 36 and Assembly Bill 1426) expands the definition of "member of a legislative body of a local agency" to include persons elected to serve as a member of. a legislative body who have not yet assumed the duties of office. Section 54952.7 (amended by all bills) adds a provision allowing the legislative body of a local agency to require that copies of the Brown Act be given to all members of the legislative body and other bodies appointed by that legislative body, including those who have been elected to serve as a member of the legislative body, but who have not yet assumed office. Meetings - Section 54952.2 (amended by Senate Bill 36 and Assembly Bill 1426) clarifies the definition of "meeting" as any congregation of a majority of the members of a legislative body in the same time and place to hear, discuss or deliberate upon any item within the subject matter jurisdiction of that body. This includes the use of direct communication, intermediaries or technological devices that is employed by a majority of the members to develop a collective concurrence as to action to be taken on an item. Specifically excluded from this definition are the following: i I, I Memorandum to Honorable Mayor and Councilmembers December 16, 1993 Page 2 1. Individual contacts between a member of a legislative body and any other person. 2. Attendance of a majority of the members at a conference open to tpe public which involves a discussion of issues of general interest, so long as the members do not discuss among themselves business of a specific nature within their subject matter jurisdiction. 3. Attendance of a majority of the members at an open and publicized meeting to address a topic of local community concern organized by a person other than the local agency, provided the members do not discuss among themselves business of a specific nature within their subject matter jurisdiction. 4. The attendance of a majority of the members at a purely social or ceremonial occasion, provided that the members do not discuss among themselves business of a specific nature within their subject matter jurisdiction. Secret Ballots - Section 54953 (amended by Senate Bill 36 and Assembly Bill 1426) adds a provision prohibiting the taking of action by secret ballot, whether preliminary or final. Recording of Meetings - Section 54953.5 (amended by Senate Bill 36 and Assembly Bill 1426) currently allows any person to tape record a public meeting unless the legislative body makes a reasonable finding that the recording would be disruptive. This amendment expands the authority to audio or video recording, as well as a still or motion picture camera, absent a reasonable finding that the recording cannot continue without noise, visual obstruction or illumination that would constitute a persistent disruption of the proceedings. It also mandates that any recording at the direction of the local agency be subject to inspection pursuant to the Public Records Act, and ma~ be erased after 30 days. Any inspection must be provided without charge on a tape recorder made available by the local agency. Broadcast of Meetings - Section 54953.6 (added by Senate Bill 36 and Assembly Bill 1426) forbids a local agency to prohibit or "restrict the broadcast of its proceedings in the absence of a reasonable finding that the broadcast cannot be accomplished without noise, illumination or obstruction of view that would constitute a persistent disruption of the proceedings." I -- -------- Memorandum to Honorable Mayor and councilmembers December 16,1993 Page 3 Meetings Within the City - Section 54954 (amended by Senate Bill 36 and Assembly Bill 1426) was amended to require that regular and special meetings be held within the boundaries of the territory over which the local agency exercises jurisdiction, with specific exceptions. Posting Requirement for Closed Sessions and Public Statements - Section 54954.2 (amended by Senate Bill 36 and Assembly Bill 1426) currently requires that, at least 72 hours prior to a regular meeting, the local agency post an agenda containing a brief description of each i tern to be transacted or discussed at the meeting. This am~ndment expands this requirement to items to be discussed in closed session. The current statute also states that no action or discussion may be undertaken on any item not appearing on the posted agenda. This amendment provides exceptions to that I prohibition for responses to statements made or questions posed during public statements. It also allows members of a legislative body to ask a question for clarification, provide a reference to staff or other resources for factual information, or request staff to report back to the body at a later meeting concerning any matter. The body may also take action to direct staff to place a matter of business on a future agenda. Public Statements at Special Meetings - Section 54954.3 (amended by Senate Bill 36 and Assembly Bill 1426) expands the requirement for agendas to provide an opportunity for the public to address the legislative body to special meetings as well as regular meetings. It also forbids the legislative body from prohibiting public criticism of the policies, procedures, programs or services of the agency or the legislative body. Closed Sessions - Section 54954.5 (added by Senate Bill 36 and Assembly Bill 1426) sets forth the information which must be described on the agenda for closed session items, and contains suggested formats for this information. Closed Sessions - Pending Litigation - Section 54956.9 (amended by Senate Bill 36 and Assembly Bill 1426) allows closed sessions for pending litigation. This amendment specifies circumstances which permit a closed session for pending litigation which has not been formally initiated. It also more specifically defines "significant exposure to litigation." Closed Sessions - Personnel Matters - Section 54957 (amended by Senate Bill 36 and Assembly Bill 1426) allows closed sessions for personnel matters. This amendment expands the definition of --------- - I I i 1 Memorandum to Honorable Mayor and Councilmembers December 16,1993 Page 4 employee to include an officer or an independent contractor who functions as an officer or an employee but not any elected official. Closed Sessions - Matters to Be Reported Followinq the Session - Section 54957.1 {amended by Senate Bill 36 and Assembly Bill 1426) currently requires a publìc report by the legislative body of any determinations to appoint, employ, or dismiss a public employee made in closed session. This amendment requires a public report of specified actions taken in closed sessions, as follows: - Approval of an agreement concluding real estate negotiations, after the agreement is final. The report must be made either at the meeting during which the closed session is held (if the approval of the agreement by the legislative body renders the agreement final), or as soon as the other party or its agent has informed the local agency of its approval (if the final approval rests with the other party). - Approval to defend or seek or refrain from seeking appellate review or relief or to enter as an amicus curiae in any form of litigation must be reported in open session at the meeting during which the closed session is held. The report must identify-the adverse party and the substance of the litigation. - If approval to initiate or intervene in an action is given, the report must specify that the direction to initiate or intervene has been given and that the action, the defendants and other information will, once formally commenced, be disclosed to any person upon inquiry, unless it would jeopardize the agency's ability to serve, process or conclude existing settlement negotiations to its advantage. - Approval of the settlement of pending litigation must be reported after the settlement is final, under specific circwnstances. - Disposition of claims must be reported as soon as reached in a manner that identifies the name of the claimant, the substance of the claim and any monetary amount approved for payment and agreed to by the claimant. - Action taken to appoint, employ, dismiss, accept the resignation of, or otherwise affect the employment status of a public employee must be reported at the same meeting as the one at which the closed session is held. Such report must identify the . . ., Memorandum to Honorable Mayor and Councilmembers December 16,1993 Page 5 title of the position and any change in compensation. Any report of a dismissal or non-renewal of an employment contract must be deferred to the first public meeting following the exhaustion of administrative remedies, if any. - Approval of an agreement concluding labor negotiations must be reported after the agreement if final and has been accepted by the other party. These reports may be made orally or in writing. Copies of any contracts, settlement agreements or other documents that were finally approved in the closed session must be provided to any person who has submitted a written request within 24 hours of the posting of the agenda, or any person who has made a standing request for all documentation, if he or she is present at the time the closed session ends. If the action taken requires retyping, the documents need not be released until the retyping is completed, provided that the mayor orally summarizes the substance of the amendments for the benef it of the requesting party. Any other person may obtain copies of the documentation on the next business day, absent necessary retyping. Documents Distributed at Meetings - Section 54957.5 (amended by Senate Bill 36 and Assembly Billl426) requires that any agenda or documents distributed in connection with a matter subject to discussion or consideration at a public meeting (other than writings exempt from public disclosure) are public records and must be made available to the public without delay (as opposed to any time prior to the commencement of the meeting). Such documents which are distributed during a public meeting shall be made available for public inspection at the meeting if prepared by staff, or after the meeting if prepared by some other person. Reconvening After Closed Session - Section 54957.7 (amended by Senate Bill 36 and Assembly Bill 1426) requires the legislative body to reconvene into open session prior to adjournment and to make disclosures required by Section 54957.1. These announcements may be made at the location announced in the agenda for the closed session, as long as the public is allowed to be present at that location to hear the announcement. Elements of Misdemeanor - Section 54959 (amended by Senate Bill 36 and Assembly Bill 1426). Currently, it is a misdemeanor for a member of a legislative body to attend a meeting where action is taken in violation of the Brown Act with knowledge of the fact the meeting is in violation of the Act. This amendment makes it a . " ' . \ Memorandum to Honorable Mayor and Councilmembers December 16,1993 Page 6 misdemeanor for that member to attend a meeting where action is taken in violation of the Brown Act with the wrongful intent to deprive the public of information to which it is entitled under the Brown Act. Civil Actions - Section 54960 (amended by Senate Bill 36) currently provides that any interested person may commence an action for the purpose of stopping or preventing violations or threatened violations of the Brown Act. This amendment allows the district attorney to commence such an action. It also allows such an action to determine the validity of any rule or action by the legislative body to penalize or discourage the expression of one or more of its members or to. compel the legislative body to tape-record its sessions. It provides that the court may, if it determines that a violation of the statutes providing for closed sessions has occurred, order the legislative body to tape record its closed sessions and preserve the tape recordings as the court deems appropriate. It makes the tapes subject to discovery by the district attorney or the plaintiff in a suit pursuant to the Brown Act, under certain circumstances. Actions to Determine or Cure Violations - Section 54960.1 (amended by Senate Bill 36 and Assembly Bill 1426) expands the ability to commence an action to determine that an action taken in violation of the Brown Act is null and void to the district attorney, as well as any interested person. It extends the time period in which the party must make a written demand to cure or correct the action from 30 days to 90 days, except for actions taken in open session and in violation of Section 54954.2, in which case the time period remains 30 days. Accessible Facilities - Section 54961 (amended by all) currently prohibits any public meeting in any facility that prohibits the admittance of any person on the basis of race, religious creed, color, national origin, ancestry or sexo This amendment expands this to facilities which are inaccessible to disabled persons or where members of the public may not be present without making a payment or purchase. It also states that no notice, agenda, announcement or report required by this Act need identify any victim or alleged victim of tortious sexual conduct or child abuse unless the identity of the person has been publicly disclosed. The mandates imposed by these amendments will result in an overwhelming increase l.n the staff workload. Every committee meeting of the City Council, as well as those of the Planning --- ------ ------- . . I '. ' ' ~ Memorandum to Honorable Mayor and Councilmembers December 16, 1993 Page 7 Commission and the Central District Development Agency, must have a formal agenda which must be posted at least seventy-two hours prior to the meetings. Moreover, minutes must be taken and prepared for each of these meetings. I intend to implement these new procedures as soon as possible so that the Council, committees, commissions and agencies are familiar wi th them by April 1, and so that staff is prepared for the additional demands. JKS:kkr cc: Alan Tandy, City Manager Trudy Slater, Administrative Analyst corr4\lcm\brnact3.mem I I I :1 . . .~ . - I BAKERSFIELD MEMORANDUM January 13, 1994 TO: FROM: AlTERS, ASSISTANT CITY MANAGER SUBJECT: OL ANDER & SUNSET PARK ASSOCIATION MEETING OF JANUARY 11, 1994 Councilmember Edwards and I attended the Oleander & Sunset Park Association meeting held in the Council Chambers on January 11, 1994. As you will note by Attachment A, the Association has many issues they are addressing as a group, and that will eventually need input and/or action from the City. My attendance at the meeting was to get a better understanding for the Association's concerns and to try and capsulize the issues to present to staff. Attachment B were two of the handouts they passed out, and Attachment C is a summary of my notes based on the dialogue that took place at the meeting. My notes have been organized into topics and ideas strictly for your information and review. On January 12, I talked with Mr. and Mrs. Ken Witte and asked that the same kind of summarizing be done from the Association's perspective, and that they present that list to me for the first phase of dialogue with staff. As soon as we are presented with their list, a brainstorming meeting will be scheduled with the Association's newly-formed Neighborhood Renewal Committee. cc: City Manager ~--- !Þ/--'. J-d2/-:cI 1~ e&Ai4h rY~ #/v, I /JJ ()¿Z U I JV:~f f 1J1U/iMtJ/J i ~¡J/~ Cú¡t Jdk , : j! ÞrJ ~ ;dU4J -!¡UIAZA-?V ~- . ¡I I -~ -~-- -~--- . Æ . A lTÄC1f'M eN r A '"' I ~ -~ ,..' - B A K E R 5 F I E L D MEMORANDUM January 3, 1994 TO: Chief Brummer Chief Johnson Public Works Director Schulz Wate a~d Sanitation Manager Bogart FROM: iters, Assistant City Manager SUBJECT: Me ting with the Oleander/Sunset Park Association I have had a few conversations with Ken Witte and John Howe regarding some of the improvements they would like to see in their neighborhood. They have asked for a meeting between us and their association sometime in the near future to discuss these issues. I suggested that they present us with their strategic plan so that we could focus in on their specific needs and the time we spend together could be more productive. Ken has sent the attached memo which describes their association's goals lito protect our neighborhood and our quality of life." As you will note, their goals are far reaching and their focus is pretty broad. My concern is that if we do not have specific items within the issues to address, we could be spinning our wheels for quite a while. I will be attending the association's meeting on January 11 at 7:00 p.m. in the Council Chambers to get a better idea of how we can approach some of the issues outlined in their letter. Shortly after that meeting, I would like us to get together with a couple of their representatives to strategize a plan that would address their issues and outline some sort of phased action. If you are not able to participate in these discussions, I would need you to appoint someone from your staff to assist me in working with this group. I believe, however, that the initial brainstorming sessions should include your participation. I will be getting back to you sometime after January 11, but in the meantime, please feel free to gi ve me a ca 11 if you have some add it i ona 1 concerns or comments. Attachment ------- - . A~OJí A-Z Thursday, December 30, 1993 3:08:36 PM 631-2646 OLEANDER/SUNSET PARK ASSOCIATION P. O. Box 2015 Bakersfield, CA 93303 631-1303 Gayle Waters Assistant City Manager Dear Ms. "Vaters: The intent of the Oleander/Sunset Park Association with regard to the traffic problems of our area bounded by California Ave, Oak Street, Brundage Lane, and H Street is three-fold: 1. To improve the esthetic interface between the H Street business district and residential district. 2. To maintain the historical aspect and nature of the residential area which contains the homes of the founders of Bakersfield. 3. To drastically reduce non-residential through traffic throughout the entire square mile by various means. Please keep in mind that we are an historical residential neighborhood in close proximity to large commercial areas. Because of the older nature of the development of this area we have multiple ingress/ egress on all four sides of our neighborhood. Residential subdivisions are not built this way any longer for the very reasons that we are experiencing at this time. It is our intent to protect our neighborhood and our quality of life with our overall plan. Methods which only deal with speed inside the neighborhood are a bandage approach to the problems and therefore cynically vievved by the residents and the Steering Committee. Multiple stop signs, speed undulations, dips and other means merely penalize the residents of the area. They do not cut out the traffic using our streets as thoroughfares to avoid the four major streets which define our boundaries. A 1Í .At++M eJ í A...e; Thursday, December 30, 1993 3:08:36 PM 631-2646 The congestion along California Avenue has become a major problem, and will continue to worsen due to continued commercial development. \Videning California Avenue in the near future is a very good idea, and needs to be implemented as soon as possible, along with creating the ability to make a left hand turn from A Street onto California Avenue and removing the ability to turn left from California Avenue onto Oleander Avenue. But improving traffic flow along California Avenue alone will not solve the Oleander/Sunset Park traffic problems. As an Association we are beginning a survey of the residents within the entire square mile. We will be holding meetings and forming a Neighborhood Renewal Committee to study the traffic pro blems of the various parts of the area, gather suggestions, and propose solutions. The final result will be a comprehensive plan for the entire square mile which will implement the three goals stated above. The first of these meetings will be at City Hall on january 11, 1994, at ï:OO p.m. Please consider this a personal invitation to attend. This first meeting will be to acquaint the residents with the development plans for the surrounding commercial areas, explain the intent of the Steering Committee, and form the Neighborhood Renewal Committee. A mailing will be sent to every resident within the Oleander/Sunset Park area prior to the meeting urging their appearance and participation, Questionnaires will be available for those unable to attend to voice their concerns or to request places on the committee. Sincerely, Kenneth VVitte. Executive Chair Oleander/Sunset Park Association cc: John Howe Stacy Bowman Gary O'Neil Lisa Bonin Bakersfield Californian KERN Radio Ne,'vs I A~eAJ1 ~-I . I OLEANDER/SUNSET PARK ASSOCIATION PO BOX 2015 - 93303 MEMBERSHIP APPLICATION Charter Membership $20.00 or Dues $5 .OO/year N A M E ( S ) ------------------------------------------ ----------------------------------------------------------- ADDRESS - PHONE ------------- home ---------------- work Thank you for your support. Welcome to the Oleander/Sunset Association of neighbors seeking to improve the area in which we live. We believe that we will all benefit greatly in many areas due to this Association. We have lots of great plans to make good things happen in the neighborhood. Would you like to be an active part of this Association? If so, please check in the box provided next to the area or activity group provided below. Please pick no more than two for anyone person in the household. Also, please write the name of the family member interested in active participation next to the checkmark. Thank you. [ ] Neighborhood Renewal COinmittee (] Security [I Fund Raising [] Gouernment Action [I Historical [] Garden Club [] Calling [I Membership [I Community Relations [] Social Euents [] Public Relations Other Comments ----------------------------------------------------------------- ------------------------------------------------------------------ ------------------------------------------------------------------ ------------------------------------------------------------------ ASSOC I ATI ON PHONE: 631-1303 I . A-~e1ff B""'L ~ % - 1 ~ .., - ~ :; ¡¡; : J:: . ;¡~ õ~ ::: 0 -~ ~¡ 3 ~ (1a ~ .ê =: !; .., ~:; '" =-- !:t2,zw - - - ..- 1 --='1 rv'8 W l' !! 2 ã w £ 2 (t ,'~" ~ ž:"3!,,- w~ - i .~ ,lLJ<;(-, ~ iã)l'~!W~~ ~ ¡ u I. "- N 'ã""':f'1t~~1. , 'w.., 0 100 10'-' ':fä "..,~--;; ~w - " , . ~:w!-X- -:";¿,w :_~ ':'wq ';~ ~ UJ ~ -- ~--, fJ:J lA~""::-b 0 o!:Io';;l. ;z- ., ~- 0 UJ ----~ m -_::1\-::_~\:;¡,~;ON::- ;!~-: ..: "AN~: ~ ~"CO ~ 5~ N5~"~]']ií.;;'iðJ W"". ." "~N~Ô ~ r- 00 °ð'~ a ~ >." ,.ZO .z ~~ oZ .., M L bLl F> s ~ ~ ~ ~ p w" : :, ~ -: ~ '; ~ ~ .. ~ ~ ~ ~ w l ~ ~ H ~ ~ 8 .., ~ ~ ~ 0 «tv) oA ~~â"~a!~~C5::î~,~0'~ò ~-:: '"í::;!¡¡f~f.=w ~ M "" - '.:í'"_do'CJ J ..,:z wO "'Oao -0. AA JJJ9.JJ 0 ~,,-o'o;!o~-l:j..,.aa:::bN"~~~ a= (t M -r "d oo~ ~0:;.8~~ 0 -_V.,w, "0"-- -_O.oJ-. WUIL- ~~~";;~",::,,':':::~'::":::::~;d~5~~'~~~:;tt~Jw Po; (j'¡ ~ õ:5¡j~:5:5::'~:':~,:~~1::;"i-:."i1~~~'i!.ii~g8"":" ~ A ,;;,;;,;;:¡,;;,;;..,;¡ti\~\'~1,;l,;.,\z"v5a';í~"'i!,00J~g . J ~ de;) ~ 'ã""i1"i12"i1'r1b~;:~;:.;:t.;;,,~vü.:~:J~;;0::ov~~0;¡':::'õ_' ~l!)U~ 0 Cd a ¡:: r-i "'M W ~: ;\9 0 ~'d..- ::1 0'0 r-i oð W _-~~__N~O,O_~,,-~ - ~ -I U)Nr-Il ~aa .aaa . ~ '~:':"'V~;1b'ã"'~~~?Q~:~~'-' (lJr-i ~~ ~X'~M "GP'--v- (lJ 0 4-1 \D "CHO UJ ¡:: ~- (t , (lJ l!) (lJO~O r-I ' (t CO OPo;¡:Q- . i33~iS H . Œ J ~---%~;- ¡' ~:: 0: œJ~0-0:) ; CillôO-0:) U-::-lTI~':) ~ D~-:) I ~-' ~ - NNaN";' N N N N~ ~ mô:ô::;ô:'" ô: ô: .;, ô:ß Z N ~ 0~ 00 ~ I' Wi o.~.'r -""' N N N N I~'¡¡ (~)I(I:,~,),.,:I I z-¡¡ I ~ ~ 'à: ":' à: å: ~ c ~ :~(~'!'((.~"""'; ¡¡"II J a: a: II: '" e: I!!:. ~ ~"'~t~"'¡"" ""'1 z-¡¡ I ~ 'Iii:- """f oS . --- -- --- ;¡;;¡; ..1,,<,'~',"'.""II-¡¡IŒ~:r~H I'¡¡ I.¡¡ '0¡¡;"7" 1- ¿:' I.[..~-ll-'-- _ :èfu [iî] ŒÐ I',' ¡','I N ~I N I~ N : a: ~F:;:lr;l~r:;:lr~hHM_r:;:-¡~.. .r :; ô: ~ a:: :;EJEJ~rn..ljtJ:L.J~ ~ CLJCJ~ . D, ~ ..,,~ . æ. ï ~. ~~ LU a: N a: a: """ a: Z .r ~ ....J ~ rnao;- QlJ ,.".. 101 IfY - ";'" ,--=-.r.:' 7" ô: '" ",J;1U ! .',: - - ...~... It ,.- . , Ù~'" .C;.';' '" '" 0" ~ . ';';~;~I" ,., . :&1 ; :-¡¡ r-- I-¡¡ "I"H~ ~I 1-¡¡ 1° I~I 1-1/ [:11-1/ IIJ 1-1/ 1.1/ I ~ r 1-1/ ~ 1-1/ .iLj 1'1/ I-I/I~! ¡-I/ \11-1/10;- N 0-0-:) ,-1/ i I ,-I/! ,-1/ 1-1/' '- .;, ,-1/ ¡ '" ","~Il; ------~---- ,ô: .;, ô: .;, , ----, --- ,. ,n___; 10)1 ¡-) ,o.z'" o.z.:) O-Z-) ",Z-:) ~ I-:), UN . i33~iS Wo'O . .', . A~~ t!Æ? J I SUMMARY NOTES FROM OLEANDER & SUNSET PARK ASSOCIATION MEETING HELD JANUARY 11,1994 This list is a mere compilation of the notes taken during the meeting. Please bear in mind that a significant part of the meeting was devoted to the audience brainstorming ideas, so there may not be a clear parallel to cause and effect or problem and solution. Traffic 1. Need a stop sign or speed bumps at Chester Lane. 2. Delivery trucks that don't belong in the neighborhood. Restrict delivery trucks to certain hours in the night. 3. What process would it take to officially return the speed limit to 25 MPH. 4. There is liability for bumps, humps and dips. Instead of dips, humps and bumps have cars drive in a relatively slow and constant speed. 5. Dips are effective. 6. Will Bakersfield Police Department allow residents to call in offenders. 7. Association can hire radar cops for certain streets. What about an automated radar system. Cameras. 8. The Association will hire its own traffic engineer to present its plans to city engineers. 9. Neighborhood residents are also at fault. Approximately one in five speeding tickets are given out to neighborhood residents. 10. The Police are willing to move their cars around to certain streets for visibility purposes. 11. Have a four-way stop at Forrest and Oleander. 12. Design break-away barriers. 13. Some residents, push the 300 gallon garbage containers into the middle of the alley to block through traffic. 14. Put a pole in the middle of the alley and you can prevent through traffic - keeps the cars at either end of the alley. 15. Impose covenants, conditions and restrictions. 16. We need to control non-residential through traffic. 17. Close off some of the traffic in the neighborhood in attractive ways. Visited Berkeley, CA to investigate how they manage closed streets -- planters with hooks for emergency access; planting islands; turns to get out of the neighborhood but not into the neighborhood. 18. Need a four-way stop on Palm Street. 19. Police believe Oleander is a collector street. 20. H Street has a major left turn problem which has resulted in a number of rear end accidents. Restrict access. Slow traffic on 0 Street. Put lights on A Street. Close off Hoppi and avoid the apartments. -- I "°0" . II~ ð-¿ 21. Make Chester a one way street. 22. Restrict left hand turns. 23. We still want easy access. Don't want to penalize ourselves. Beautification 1. Improve aesthetics on H Street. Lamp posts, planters, etc. 2. Take pride in neighborhoods and old homes. 3. We are not against growth. 4. Want to seek historical designation. Get laws enacted locally. 75 percent of homes must have historical or architectural significance. 6. Association will hire a survey team. 7. Currently working with a neighborhood in Los Angeles that is working towards historical designation. 8. Have a concern about apartments next to single family residences. 9. Study zoning ordinances. Change all to R1. We must generate the changes from within our community. Miscellaneous 1. The Association will be developing a comprehensive plan for the whole neighborhood, not just one specific street. 2. How will we fund maintenance districts? 3. Steering committee will investigate the 2010 Plan to see what it's all about. 4. Impose covenants, conditions and restrictions. 5. Restrict multi-plexes on all properties. 6. Eliminate R3. 7. Association offers $300 rewards for the capture of graffiti bandits. 8. From proceeds of Holiday Home Tour, Association will make a $200 matching fund reimbursement to residents who want a street light in front of their house. The light must be a historical replica. Are looking for electrical sponsors. 9. Formed a Neighborhood Renewal Committee to work with City staff. ---- 0, t~. ~CITY OF ~ . BAKERSFIELD PLANNING DEPARTMENT JACK HARDISTY, Director 1501 TRUXTUN AVE. BAKERSFIELD. CA 93301 (805) 326-3733 - ~[EtlE~~lE[D) f ~ January 10, 1994 '~ ""ß ~ I 11\\\1 pro", . "- V . i.I." i ,- CITY MANAGER'S Off Mr. James L. Nickel -~~_.- . Bravo Management Company, Inc,. 6200 Lake Ming Road Bakersfield, CA 93306 Re: Conditional Use Permit #5216 - Mesa Marin Raceway Dear Mr. Nickel: I have received a copy of your letter dated December 14, 1993 that was addressed to Alan Tandy regarding the compliance memorandum for Mesa Marin Raceway that was sent to the City Council. Mr. Tandy asked that I respond to your comments. You indicated a continuing concern regarding compliance with sound levels and your desire to receive a copy of the most recent sound monitoring report. A copy of that report is enclosed for your review. Please note that there continues to be significant sound readings on Kern Canyon Road generated by highway traffic that remains outside the control of the applicant, Mr. Collins. . With respect to the Noise Reduction Plan you referenced, Mr. Collins was proposing to construct a sound wall at the west end of the track to help reduce noise levels. This wall was not constructed as Mr. Collins elected to pursue a different option 'which was to re- muffler the cars. This work has resulted in reducing the level at the west property line by one db(A). The overall measurements appear to be within the criteria established in the conditions of approval for cumulative periods of six minutes in any hour as indicated in the report. However, Mr. Collins will be working with my staff to revise future reports to better coincide with the format of the condition in order to better determine overall compliance. Mr. Collins has indicated that the lighting has been adjusted to lessen the intensity of light onto adjacent properties. As reported in the memorandum to the City Council, no additional evidence has been submitted (i.e, light measurements) from concerned parties that indicates the intensity of light on adjacent properties exceeds the five foot-candle limit. I I ' ' 1 James L. Nickel January 10, 1994 Page 2 Regarding the parking lot, we reported in error to the City Council that no paving had been completed. Mr. Collins has completed paving over a significant area with a cold- mix asphalt material approved by the Public Works Department. Those areas that have not been paved are being treated with an oil dust binder that is designed and approved for this purpose. This oil is not considered a waste oil as you have referenced in your letter. I trust this information sufficiently answers your questions. If you have any further concerns, please let me know. JE:kl cc: Alan Tandy, City Manager Pat Smith, Councilwoman Marion Collins, Mesa Marin. lJIjn 1 I I ----- NEC METRa AUDia, INC. . BUSINESS TELEPHONE BYSTEMS November 3, 1993 Mesa Marin Raceway P.O. Box 9518 Bakersfield, CA 93386 As requested by Mr. Marion Collins, sound level monitoring was performed along the property line perimeter of Mesa Marin Raceway on Friday, October 22, 1993. Recording took place while racecars were running at four specific points along the property line. These points, referenced to the center of the racetrack, were due North, East, South and West. The monitoring was performed by myself and technician Neal Janousek, during 6-minute periods at each location. The following is a summary of those results. Please note the contribution of traffic along Kern Canyon Road at the Eastern and Southern measurements. Sound Pressure Levels Weiqhted at C-Flat: BACKGROUND NOISE (PRE-RACING) CARS RUNNING AveraGe dB(A) Peak dB(A) Average dB(A) Peak dB(A) North along property line: 66 68 67 70 East: 67 84 68 72 South: 64 78 65 68 West: 60 62 70 73 NQ.'Œ: Peak measurements were between .5 to 2 seconds length /~ d~rin~ any measurement period. )., -- /I' ~ ~ ~ '/h~J ~(71/.t:.c-- Kevin Bellak Neal Janousek I PACIFICCBELL VOICE MAIL . CENTREX . CALL SEQUENCER """O""," .c,,' l" .'C"'f"Ell CALL ACCOUNTING. LONG DISTANCE DISCOUNT (805) 323,7553 222 SOUTH UNION AVENUE. BAKERSFIELD. CA 93307 FAX (805) 323,0748 > , .. ' . BRA V a . . I . MANAGEMENT COMPANY, INC. 6200 LAKE MING ROAD JAMES L. NICKEL BAKERSFIELD, CALIFORNIA 93306 HENRY MILLER NICKEL President (Phone) 805/872-5050 . FAX 805/872-7141 Secrctaryrrteasurer -<! ;¡,t\,'.i\ ;r.:1.- . ., ... " December 14, 1993 . --'"' :u ~." Mr. Alan Tandy, Manager CITY OF BAKERSFIELD 1501 Truxtun Avenue Bakersfield, CA 93301 Re: CUP #5216 -MESA MARIN RACEWAY Dear Mr. Tandy: I received a copy of your memorandum of December 9, 1993 addressed to the City Council and Mayor regarding compliance with the above captioned Conditional Use Permit. It appears that you have done a fairly complete job of revlewing the conditions and the compliance with them. However, I continue to be concerned regarding compliance with the sound levels. Your memorandum indicates that sound level monitoring was done on 10/22/93. I did not recelve a copy of that report, but I did recelve one done on 9/12/92. In that report, a copy of which is enclosed, the sound levels exceeded the permitted levels. At that time, Mr. Hardisty was golng to require the raceway to implement a Noise Reduction Plan. Was a Noise Reduction Plan ever implemented, and, if so, what did it consist of? Also, I would appreciate a copy of the 10/22/93 sound level monitoring. Condition 9(i), provides that illumination of adjacent property due to on-site light sources shall not exceed five footcandles at any time. You indicate in your memorandum that there is no evidence of non-compliance. I did comment on it any my August 19, 1992 letter, and Mr. Hardisty stated ln his October 13, 1992 letter that it would be corrected. Has anything been done? It appears to me to be the same as before. Regarding the parking lot improvements, in addition to some grading as mentioned in your memorandum, a considerable amount of waste oil has been dumped on the parking area. Is this a substitute for paving? Is it a legal practice to dump waste oil on soil for dust control? i I I Nickel Enterorises . La Hacienda. Inc. 0 Rio Bravo Ranch. San Juan Ranch - --- I .' '. , . I . Mr. Alan Tandy, Manager I December 14, 1993 Page 2 As you know, all the adjoining landowners have taken on a large financial commitment by agreeing to be part of the Northeast Sewage Assessment DistrIct, For us to be able to justify that liability, we need to be able to develop our property in an economical manner. If the raceway wIll meet the sound condItions imposed upon it, it will reduce the amount of nOlse mitigatIon we will be requIred to do. Compliance wIth the other conditions wIll make the raceway as compatIble and harmonlous 3S possible, gIven the conditIons imposed. However, non-compliance wIll make our ability to develop difficult, if not impossible. ~~~~ James L. Nickel JLN:sg c - George W. Nickel, Jr. Dean Gay Pat SmIth, Councilwoman City Council #7500 liPS 1. tanáy. ]In ------ I ~':"" ".~' - er. ' '"'l'.-'ep.u'" -,-".-",- ,-'<'..,.",ì-"." ,'.', '" ".',", ,,' ",e'are'",""""' i,',",:;",'~~,~,"""'¡;.~)-:.:<¡F~~.'?}:;"""" .,',~, '.":. , " ','0: ~""., :.:_.:,..,.'."",..",'~"..:.::,<,'-::.«'"..:«..;,}~, . FOR IMMEDIATE RELEASE: CONTACT: I January 13, 1994 My family and I feel that now is an appropriate time to end my 17- 1/2 year career with the Bakersfield Fire Department. I will officially leave the employment of the City of Bakersfield on Friday, February 18, 1994, with my last day in the office being January 11, 1994. As such, I would like to say thank you to the citizens of Bakersfield who gave me the opportunity to serve them, and to the firefighters I have had the honor of working with. It would be impossible to list all the people and businesses I have had the opportunity to work with and come to know. They are committed to improving the Fire Department and the quality of life in our city. This was best exemplified by their donation of over $50,000, so as first responders, the Fire Department can better assist cardiac arrest patients. I will always remember this as the happiest and proudest moment of my career. I wish the Bakersfield fire Department and its members continued success as they strive to meet the challenges ahead. Stephen D. Johnson.. . . 4 . I ~ B A K E R S F I E L 0 Alan Tandy. City Manager PRESS RELEASE January 13, 1994 Contact: Alan Tandy FOR IMMEDIATE RELEASE City Manager (805) 326-3751 City Manager Alan Tandy acknowledged the announcement today of the retirement of Fire Chief Steve Johnson. Mr. Tandy stated that Chief Johnson's service to the City Fire Department of over 17 years reflected his dedication to public service and the Citizens of Bakersfield. He noted that Chief Johnson guided the Department through one of the most difficult periods it has experienced ,due to last year's State budget actions. " I Deputy Chief Mike Kelly will assume the role of Acting Fire Chief, effective immediately. Plans have not yet been developed relative to the permanent replacement for Fire Chief. I ### I City of Bakersfield. City Manager's Office. 1501 Truxtun Avenue Bakersfield. California. 93301 (805) 326-3751 . Fax (805) 324-1850 --------- -- - 61/67194 16:51:50 -) 0853233106 Bdkersfield Pd e 1 JAN-O7-94 FRI 15:52 LEAGUE OF CA CITIES FAX NO. 91644 g .1 ~ III.. J:'.iJ V Q ¡~~ 1 i 1118111 . League of Califomia Cities L" J. ~ L crN M.ANAG!E~'S OFFICE ~.8.'" Urgent Fax Transmittal. Please Delive' r Immediately California CIties ',. Work Toge/her January 7 , 1994 TO: Mayors and City Managers (please provide copies to City Çouncil and Public Information Officer) FROM: Don Benninghoven. Executive Director Dwight Stenbakken, Legislative Director BE: Governor Wi1so~~s Proposed Budget; Impact On Cities In his 1994195 State Budget. Governor Wll50n proposes taking no revenues from cities to balance the Budget. In fact, the only impact on cities is to restOre about $60 .million of vehicle code fines. This is tremendous news for cides. considering the state of the economy and poor Smte revenues. A central theme of the Budget is a further realignment of State and county services. The Governor proposes to return to counties $1.1 billion of the property taX shifted to schools Iast year and to permanently allocate an additional one-half cent of the State 5aIes tU rate - $1.4 billion - to counúes. The State will also increase their share of trial cOUIt fundjng by $683 million and retl1D1 all vehicle code fines to cities and counties. In return. counties will 8.33mne the costs for SO percent of the non-feœ.ra1 sbat:e of Aid for Dependent Children, total costs of Foster Care, a greater share ofMedi-Cal and other selected health and welfare progrants. .- In reporting this news to your community and local news media, the following points and issues I may be helpful to address: I Cities are pleased that the Governor reco~s two critical themes in his proix>sed budget - increasing jobs and reducing crime w- which impact local government dtamatically. Cities are leading the way to get Californians back to work and reduce violence and crime. and we look forward to working with the Governor and Legislature to reach these goals. By taking no city revenues to balance the State budget, we may be seeing the end of a trend by the State to use local revenues to pay for Slate services. Cities do not deliver State services and, i therefore, are net part of the Governor's Budget. Cities will now be able to deal with critical local probleros, including lost revenues due to the recession which have shut libraries, eliminated . recreation programs, left roads in disrepair and reduced suppott for public safety. We do recognize that this is only the first step of a lengthy budget proceSS; the Legislature will make their.own proposals. We look forward to worláng with each Legislator to ensure cities remain free to address local issues. . WeOre excited about the opportunity to wo:rk with Governor Wilson to lobby Congress to fund the impact of immigtation. This critical lack of federal dollars has meant Californians have fewer State and local serv:ice5, from police offiçexs on the street to healrh and welfare services to adequate lùgher education. . Please see next week's Legislative Bulletin/or additional information. MAC{SHERIICOVBUD'94 I CONFERJ;Nce REGIS1'RA110N Ol'Flc.E HEADQUARTERS SOUTHERN CAUFORNJA OFfiCE 80)( 7005.LAFAVETTe. CA 94549 1400 K STREET, SACRAMENTO. CA 95814 60~ eAST HUNTINGTON DR. SUITE C (~101 283-211:S (916) 444-5790 MONROvIA, CA 91016 (618\305.1315 -- . ..-----_ft .~-.v...,-....-