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HomeMy WebLinkAbout1989~; East ~1~ Washington , D CoFflrn~rc~, Caliro,,~ia FEB 1 6 1988 90040 ~ SU~S~D~ or ~fic ~ Cor~ration (213) 725-1139 February 10, 1988 City of Bakersfield City Hall 1501 Truxton Avenue Bakersfield, California 93309 Attention: Mr. E. W. Schultz, Acting Public Works Director Dear Sirs: As a follow-up to my February 9, 1987 meeting with Ed Schultz and Larry Jamison of the City, I would like to formally request certain modifications to the Landfill Gas Lease and Operating Agreement dated February 10, 1983. As I discussed with Mr. Schultz and Mr. Jamison, the Bakersfield Landfill Gas Recovery Project is suffering severe economic losses which are expected to continue. At the time the Gas Lease was originally entered ~into it was generally believed that the Bakersfield Landfill would produce enough landfill gas to fuel in excess of 2,000 KW's of electric generation. This estimated production rate.was supported by a gas test conducted by Emcon and Associates, an independent consulting engineering firm. The actual electric generation rate, however, has only averaged approximately 500 KW's. The'Bakersfield project was first synchronized in December 1985 and began full-time operation in 1986. Not long after plant start-up and well before the end of 1986, it was clear that the landfill gas recovery rate was far less than originally projected. In 1987, we modified the plant and obtained natural gas service to help maintain the fuel quality of the landfill gas and stabilize the production. Additionally, we performed extensive testing at the landfill to determine if a significant volume of landfill gas was escaping the collection system. The results of that test have confirmed that the collection system in place is effectively collecting the landfill gas and an expansion or modification of the collection system would not yield significantly more gas to the plant. cc: Larry Jamison, General Services Superintendent City of Bakersfield February 10, 1988 Page 2 We also investigated the possibility of importing landfill gas from the China Grade Landfill. Discussions with Laidlaw Gas Recovery, holders of the gas lease, indicate that the gas yield at China Grade is also very low. Based on the estimated cost for installing a collection system, compressor station, and pipeline for transporting the gas to the ~Bakersfield project, this option does not appear promising at this time. Currently, PLES is evaluating various options effecting the future of the Bakersfield project. Given the poor prospect for loading the existing 1,700 KW engine- generator set at. Bakersfield, we plan to relocate the Bakersfield engine-generator to another landfill site which could better utilize the~ equipment. We must therefore decide whether we should temporarily or permanently close the Bakersfield gas recovery project or install a smaller engine-generator set which better matches the gas production rate. Obviously, this latter optiOn would require a significant investment by the Partnership which owns the project and still have a significant risk of operating losses, since the smaller project would produce a smaller income stream but not necessarily have a proportionate reduction in operating costs. We realize it is to our mutual benefit to keep a project operating at Bakersfield, however,, the current situation is simply intolerable. Due to the low gas production, the .income from the project has been insufficient to meet operating expenses in both of the first two years of operation. Th~D~'6i~6~-~A~.~ ~-oo==, .~=~ure ~eD~ service and excludlng'~anY-,deprecia~o~, is ~on~:~ the~order~of~$100,000~per, year.:- '~.The ' Clty,'~on the~ °ther~hand~receives~its~royalty'~based 'on" the~gros~ ~evenues~°~:~the~'proj ect and has receiqed"~i~xcess'~%~f~ $50,, 000. over~the%rflrst~., two,~years] As we try to formulate a plan for the future of the Bakersfield project, which includes an investigation of all possible cost reductions, we would like to seek the City's cooperation and assistance. Specifically, we would like to reduce the existing royalty paid to the City to a nominal one hundred dollars ($100) per year. Additionally, we request the City investigate its potential additional costs for operating a gas migration system at the landfill in the event the gas recovery project is closed. To the extent the City would contribute all or a part of this savings to further the operation of the gas recovery project could be City of Bakersfield February 10, 1988 Page 3 a significant factor in our planning. The City would thus still benefit from the continued operation of the gas recovery system without any cost over what it would otherwise incur. If you have any questions or would like additional information, please feel free to contact me. However, as · we are approaching our~decision points for relocating the Bakersfield engine, your prompt attention would be appreciated. Sincerely, F ra~n(k~ Director, Biogas FPW: ew BAI~ItSF[£LI) tJsJ4~ F IL~ PROJECT [ilCOIIE STJIql~q~t Producing Gen~reting C~r.o I i d~ted Income S165,818 $1~,2,681 S3ZQ,6,~ Expes~ses 661,314 ~Z~,973 1.~88.Z87 Net Operet iflg ~her Ia (Ea) (~.~) (~.~) (135,553) Net ~ (3~,~) (~,~) (1.1~.1~1) 1S~9T Income 1EK.1~5 ~55.Z67 Net ~ratt~ ]~ (3~.~) (~.5~) (~.~) NK l~ (~.~) (~0.~) (1.1~.1~) [rice,ye $2,160 50.097 10~, 2~7 Expenses 196,31~ 290. ~ ~T. ~ ~t ~reti~ I~ (1~,1~) (2~,~) Survey of Selected Planning Commissions The purpose of~this report is to provide a general organizational overview of planning commissions in the state of California. The main objective is to explore alternatives of planning commission formation and to consider incorporation of any procedures which may benefit the planning commission of the City of Bakersfield. Emphasis is placed on discussion of appointments, length of terms in office, responsibilities, and ethical standards which municipal planning commissions have. It will not cover the procedure or structure of commission meetings. Cities were chosen for their reputation as progressive planning communities, recent incorporations, location near universities, similar size, setting and development issues or variety in location within the state. (See Appendix A). Similar surveys were provided by the League of California Cities. (See Appendix B, C, D). LENGTH OF TERMS Cities that have recently incorporated, Solvang and Hesperia, have terms for 1 and 2 years respectively. The majority of cities have terms of four years with reappointments limited to a maximum 6f two consecutive terms (8 years). Staggered expiration of commission members'terms is the norm, providing a continuity in membership from year to year. The number of commission, members was split evenly between those cities that were composed of 5 and those that were composed of 7 members. It is interesting to note the use of alternates. The City of Davis uses its alternate " to fill a vacancy caused by the absence or disqualification of a regular member." The use of an alternate could prevent a tie vote by the commission when there is an.absence, maintain a quorum or bypass any disruption caused by the resignation of a member, assuming the alternate would be familiar with current proceedings of the commission. Some municipalities require the city manager, city attorney, planning/community development director, city engineer, and the director of public works to observe and participate in discussion on planning commission sessions. APPOINTMENT The application procedure is an open process with some municipalities having a more public review of the candidates than others. Most processes begin with a notice in the local paper followed by an acceptance of applications. (See Appendix E for examples) The city clerks handle this procedure and record the names of interested citizens when no vacancies are available. In Santa Barbara all candidates are interviewed in an open planning commission meeting broadcast on the local cable channel; the city council members then makes an appointment after interviewing all. candidates. In less structured environments, applicants are sought with no clear process. A basic criteria is residency of the city and registered voter status. Two application processes that are quite structured are those of San Luis Obispo and Santa Barbara. They have put together" guidelines" for commission members; San Luis Obispo's includes a handbook of basic responsibilities and functions within the city structure for commission, council and staff. The handbook serves to initiate all applicants not just chosen candidates. The following is the process that begins when a candidate seeks appointment or reappointment to a commission to the San Luis Obispo planning commission. An application must be filed and notice given to the existing list of citizens interested in the position. It is required that these candidates become familiar with the handbook before the initial screening process takes place. Selected qualified applicants shall be interviewed by a subcommittee consisting of two council members and the chair of the planning commission (unless the chair is being considered for reappointment, in which case the subcommittee shall designate another representative). The council subcommittee shall submit· to the entire council recommendations for appointment. If a unanimous decision for recommendation to the full council can'not be reached, the council shall take a separate motion for each candidate proposed by each member of the subcommittee. Those applicantS not appointed will be so advised and their applications will be held for consideration in the event of a future vacancy for no less than one year. As a general policy an applicant shall not be appointed to serve on more than one technical, special-purpose committee or commission at the same time. SELECTIONPROCESS & GENERAL GUIDELINES The power of appointment and selection is placed in the hands of the city council in the majority of the municipalities. The Del Mar City Council appoints the planning commission members but if a vacancy should occur, the mayor with the council's approval, will select a candidate. Only two municipalities, Davis and Fresno give nominating power to the mayor subject to ratification by the entire council. The council as a whole will appoint the two remaining members on Fresno's seven member planning commission. Many cities use the 1 for 1 principal whereby one city council member would appoint one planning commission member. That commissign member serves as long as his appointing member is in office and at their pleasure (i.e. they could be replaced at any time). Palm Desert, $olvang, West Sacramento, and West Hollywood are cities which use this practice. The City Council of Lompoc votes on the applicants by secret ballots and appoints the highest vote getter(s) for any vacant commission chair. Screening committees,· as part of the appointment and selection process, are used more than not. The committees are usually composed of'2 or 3 members of the city council (Palm Desert, New Port B~ach, Rancho Cucamonga are cities that follow this guide). Some communities use the planning director to brief the applicants or act in the initial screening process. Santa Barbara uses no screening committee but interviews all applying in an open forum relayed to the community via cable tv. QUALIFICATIONS The initiative of a candidate to apply for the position on a planning commission gave many municipalities the confidence that if chosen, the he/she would be responsible for learning and becoming familiar with general planning practices. The qualifications a santa Clara commission member should posses are a 1) familiarity with the community: residency in the area for a minimum of one year, 2) familiarity with the physical, social, and economic make- up of the city demonstrating an active interest in the community 3) familiarity with major issues, specific and far reaching issues that will impact all sectors of city programs and services 4) a commitment to serve - it is expected that commissioners will serve their term of office, attend all scheduled meetings and participate in study sessions or serve On sub-committees. 5) lastly, they must hold a relationship with the community that is impartial and courteous. Arcadia requires a broad viewpoint and concern for the city, interest in and recognition of the importance of the function of the particular commission, readiness to devote time and effort to carrying out the duties of the office, a willingness to serve as chairman of the board or commission, lastly aCcepting and supporting the policies of the city council. These commitments require preparation by way of informal lunch meetings with staff prior to formal sessions. This should include site visits; the time and place of these group visits shall be posted and open to the public. ETHICAL STANDARDS With the exception of Del Mar, the municipalities surveyed relied on current law: the Brown Act and Conflict of Interest Statements as the sole guide to ethical standards. The City Attorney of Del Mar this past February expounded and expanded in detail on the practical aspects for this legislation. Covered were communications outside a public meeting, compliance with due process when making a quasi-judicial determination, disqualification for participation, 3 etc. (See excerpt Appendix F). The following three paragraphs provide a simple definition of the ethical standards that all California municipalities abide by. Excerpts from the Planning Commission Handbook - League of California Cities pp. II-H 1-5. Brown Act All meetings and deliberations of local legislative bodies, including planning commissions, must be open and public. This open meeting law is commonly referred to as the Brown Act (Government Code 54950 et seq.) The courts have consistently interpreted the Brown Act broadly to ensure open deliberation and open decision making so that the public can be fully informed and retain control over their governmental representatives. Conflict of Interest The general intent of the conflict of interest policy is to require public officials to make decisions without being influenced by personal financial interest. Toward that goal, the law requires disclosure of certain private financial interests and disqualificationfrom decision-making under certain circumstances. Political Reform Act The Political Reform Act (Government Code 81000 et seq.) is the most comprehensive in its definition of conflict of interest standards. It provides that "no public official at any level of state or local government shall make, participate in making or in any way attempt to use his official position to influence a governmental decision in which he knows or has reason to know he has a financial interest." (Government Code 87100). Public officials file periodic statements disclosing their financial interests. Statements of economic interest are administered by the city clerk and filed for public review. The Political' Reform Act also requires public officials to disqualify themselves on a particular issue if they have a conflict of interest. A public official has a conflict of interest when all of the following occur: 1) The official makes, participates, in or uses his official position to influence a governmental decision. 2) It is foreseeable that the decision will affect a financial interest of the official. 3) The effect of the decision on the official's financial interest will be material. 4) The effect of the decision on the official's financial interest will be distinguishable from its effect on the general public. Financial interests which may require disqualification include: 1) A business entity in which the official has an investment of $1,000 or more. 2) Real property in which the official has an interest of $1,000 or more. 3) Real property or business entity from which the official has received the sum of $250 or more, or the official's spouse has received the sum of $500 or more in the past twelve months. 4) A business entity in which the official is a director, officer, partner or trustee, employee or holds a position of management. 5) A donor, or an agent or intermediary for a donor of gifts worth $250 or more and which were received by the official within twelve months prior to the decision. These provisions apply to financial interest owned by the spouse or dependent'children of public officials, or by business entities or trusts in which the official, official's spouse or dependent children own a ten percent or greater interest. The City of Santa Barbara requires that commissioners shall avoid private discussions of proposed or pending projects. Letters and other documents to individual commissioners pertaining to a project shall ordinarily be given to all commissioners. .If an individual commissioner receives information on a pending item, it is the obligation of the commissioner to advise the person giving the information that the transmission should be given to all the other commissioners. At the public hearing on the issue, the commissioner should disclose receipt of that information. All documents addressed to any commissioner pertaining to a specific project shall be delivered to the planning office. The planning staff is then responsible for circulating copies to individual commissioners. A commissioner must notify the planning department staff at the earliest possible opportunity if it will not be possible for them to attend any scheduled meeting. The commissioners will distinguish between official'representation and individual points of view. They may make city council aware of their dissenting opinion as long as it is clear that it is their individual position. Santa Barbara guidelines also state that a notice shall be included on the agenda for each meeting of the requirements of Government Code Section 84308 concerning conflict of interest and contributions of $250.00 or more to commissioners. In the event of an inconsistency between these guidelines and City or Sate law, the law shall be followed. (See Appendix G for detailded expample of ethical standards for the American Institute of Certified Planners) PLANNING COMMISSION RESPONSIBILITIES The job descriptions and responsibilities of commissioners~ are generally conceptual. The City of Concord specifies the duties 1) develope and maintain a long range comprehensive General Plan of the city planning area 2) develop such specific plans as may be necessary or desirable 3) review planned unit and district developments, tentative subdivision maps, use permit and rezoning applications 4) the commission shall perform such other functions as the legislative body may provide (See Appendix H for California State Planning Zoning and Development Laws) In excerpts from a commission building workshop - Walnut Creek, emphasis was placed on who is ~esponsible, who must ~pprove, who must be Consulted, and who must be Informed in the city process. The use of a flow chart was described as having more substance than a job description because conflicts are confronted before all concerned and resolved to the extent possible. DISMISSAL FROM OFFICE No municipality expanded these responsibilities to create an evaluation guide by which a commission member could be removed. Five affirmative votes (5 of 3) of the council could remove a commission member in Fresno. West Sacramento has a 4 out of 5 policy if the appointing council member does not remove the commissioner. In recently incorporated Rancho Cucamonga the chairman of the commission can request a review of a commission member. In Clovis and many cities, a simple majority of the council can remOve the commissioner. In cities where commission members are appointed by one member of the council, it. is that council member who is most likely tO remove the commissioner. There were two cases in which the entire planning commission was fired because the city council wanted to initiate a change in the direction of the commission. Absenteeism proved to be the only solid criteria for judging job deficiency. Three consecutive unexcused absences or six scheduled meetings missed in a twelve month period were cause for dismissal. 6 REIMBURSEMENT The amount of stipend or reimbursement for planning commissions range from $100 per meeting for the City of Fresno to a number of small communities such as Merced, Red Bluff, Redding, Roseville, Tulare, Visalia with no compensation. Attached to this report are a list of the cities contact by phone, (see Appendix A) and studies for reimbursement in 1984, 1986, and 1988 that The League of California Cities has gathered from other municipalities. (See Appendix B, C, D). BAKERSFIELD PLANNING COMMISSION PAST AND PRESENT. The Bakersfield City Planning Commission was established on December 19th, 1921. City minutes recorded in 1963, show the commission studied the original rules and regulations and made several changes. Revisions were made again in 1972. Payment to commission members was made official with Ordinance 2617 New Series. The commission members are reimbursed $25 per commission meeting they attend. Two practices that no longer apply to the planning commission are the use of a "Governmental Efficiency and Personnel Committee" that in 1983, screened and interviewed potential commission members and the formation of a joint Bakersfield - Kern County Area Planning Commission, established in 1957. The City of Bakersfield Municipal ~Ordinances provide, for seven planning commission members having four year terms. NotiCe of an opening on the planning commission is published in the paper, but no formal 'application process has been adopted by the council.. The city council appoints the members of the commission and fills any vacancy for the unexpired portion of the term, if a vacancy should occur. To facilitate communication between the council and its advisory groups, a member of the city .council is designated to attend the meetings of the planning commission, in an advisory capacity for a two year term. Three consecutive absences from regularly scheduled planning commission meetings "without cause" as determined by the commission, will result intermination of a planning commissioner's appointment. Written notice given to the secretary on or before a commission meeting due to illness or unavoidable absence is deemed absence for cause and the commissioners shall not be penalized. Copies of the City of Bakersfield Municipal Ordinances concerning the formation and function of the planning commission are attached to the end of this report. Rules and regulations for the Bakersfield Planning Commission have been detailed in Resolution ~ 8-89. It provides for the selection of officers, the procedure and organization of planning commission meetings, quorum and reconsideration of planning decisions. 7 (See Appendix I for Bakersfield's Municipal Ordinances on Planning) Bibliography American Institute of Certified Planners 1983 Roster City of Bakersfield (1984) Rules and Requlations of the Bakersfield Planning Commission City of Bakersfield Municipal Ordinance Plannin~ and Zoning Agencies Chapter 2.28 City of Concord Application Boardst Commissionst Committee City of Davis (1988) Operating Procedures of the Planning Co~mnission City of Del Mar (1989) Procedures for Decision Making Del Mar Plannin~ Commission City of Fresno Planning Commission Rules and Requlations City of Lancaster (6/9/88) Commission Compensation Survey City of Lompoc (1976) Planning Commission Meetings Manual of Procedure City of Modesto (1/27/86) Survey Results Compensation for Planning Commissioners City of New Port Beach Planning Commission Powers and Duties City of Santa Barbara (1988) Planning Co~u~ission Guidelines City of Santa Clara Application Boards & Conu~issions A Guide to Board and Commission Applicants City of San Luis Obispo California (1988) Advisory Body Handbook City of Solvang Planninq Commission Guidelines Chapter 2.32 City of Visalia Community DeveloPment Guide City of Walnut Creek The Role of the Commission vs. The Role of Staff bibliography continued City of West Hollywood Article II Administration Chapter IX Commissions and Boards City of West Sacramento City Ordinance League of California Cities (1984 or later) California Municipal Survey - Boards and Co~issions League of California Cities Planning Commission Handbook State of California Office of Planning and Research Planning - Zoning'and Development Laws 1988 TELEPHONE SURVEY - MARCH 1989 OF MUNICIPAL PLANNING COMMISSION LENGTH NUMBER OF OF CITY TERM REIMBURSEMENT APPOINTMENT COMMISSIONERS Clovis 4 $ 25 month City Council 5 Davis Mayor 5 and 1 alt Del Mar 4 None City Council 5 East Pal0 Alto 3 None City Council 7 Fresno 4 $100/mtg./$250 max Mayor 7 and 1 alt Hesperia 2 No policy yet City Council 5 Lompoc 4 None City Council 5 New Port Beach 4 $50 mtg/$100 max City Council 7 Palm Desert 4 $25 mtg/$75 max City Council 5 Paradise 4 None Town Council 7 Rancho Cucamonga 4 $100 month City Council 5 San Luis Obispo 4 $ 10 month City Council 7 Santa Barbara 4 $35/mtg/$105 max City Council 7 Santa Clara 4 None City Councii 7 Solvang 1 None City Council 5 Visalia 4 $ 50 month City Council 5 West Hollywood 4 $50/mtg/$100 max City Council 7 West Sacramento 4 $30 pre-meeting/max$120 City Council p/surveyl Appendix A CALIFORNIA MUNICIPAL SURVEY-BOARDS AND COMMISSIONS 1984 or later? Planning Commission Compensation - 62 cities Agoura Hills - $25 mtg./S50 monthly cap Livermore - $100 monthly Auburn - $25/mtg. Lodi - $20/mtg./$60 monthly cap Baldwin Park - $50/mtg. Long Beach - $50/mtg./$250 monthly cap Barstow - $50/mtg. Morro Bay - $20 mtg./S40 monthly cap Bellflower - $75/mtg. National City - $75/mtg. Belmont - $40 monthly Newark - $25/mtg./$50 monthly cap Big Bear Lake - $50 mtg./S150 monthly cap Newport Beach - $50/mtg. Brea - $40/mtg./$80 monthly cap Novato - $25/mtg./$50 monthly cap Carpinteria - $50 monthly Ontario - $50/month Carson - $70 monthly Orange - $40/mtg. Ceres - $40 monthly Pico Rivera - $30/mtg/$90 monthly cap Concord - $50 mtg. Rocklin - $25 monthly Covina - $200 monthly San Dimas - $25/mtg/$50 monthly cap Culver City - $35 monthly San Fernando - $15 mtg. Delano - $10/mtg. San Francisco - $15 mtg. Desert Hot Springs - $50 monthly San Jose - $250 monthly Duarte - $20/mtg./$40 monthly cap San Juan Capistrano - $75 monthly Fairfield - $35/mtg./$105 monthly cap San Marcos - $30 meeting Fontana - $30/mtg. Santa Paula - $15/mtg. Fremont - $50/mtg. Santee - $25/mtg. Gardena - $50 monthly Signal Hill - $50 monthly Grass Valley - $25 monthly Simi Valley - $150 monthly Huron - $25 monthly Sonora - $125 monthly-chair only Jackson - $10 monthly South Gate - $50/mtg./$100 cap Kerman - $10 mtg. Stockton - $25/mtg/$150 monthly cap La Canada Flintridge - $25/mtg./$50 monthly cap Turlock - $25/mtg./$50 monthly cap Laguna Beach - $60 monthly Vista - $62.50 monthly La Mesa - $30/mtg. Walnut - $25/mtg./$50 monthly cap Lancaster - $25/mtg. West Covina - $75 monthly Lawndale - $60 monthly Yorba Linda - $75 monthly Lemon Grove - $30/mtg/$90 monthly cap p/survey Appendix B Survey Results, February 1986 COMPENSATION FOR PLANNING COMMISSIONERS City of Modesto Department of Planning and Community Development Planning City Council Commissioner As a Percentage City Compensation Compensation Of City Council Atwater $150/month None n/a Bakersfield $100/month plus vehicle $25/meeting 50% if 2 P/C or mileage allowance not to exceed meetings/month; Mayor $500/month plus $100/month plus 100% if 4 P/C vehicle or mileage vehicle or meetings/month al 1 owance mi 1 eage al 1 owance Ceres $250/month $40/month 16% Mayor $350/month Clovis ~ $248/month $25/month 10% $400/month after 4/1/86 6% Davis $392.46/month None n/a Fairfield $337/month $35/meeting 21% if 2 P/C Mayor $500/month not to exceed meetings/month; $105/month 31% if 3 or more P/C meeti ngs/month Fresno $1,200/month $150/month 1 2.5% $1,300/month, Mayor Pro Tern $1,992/month, Mayor Increase all above by $150 for Redevelopment Agency salary - plus up to $165/month ($220, $660) for expenses - plus up to $225/month automobile expense Manteca '$300/month $20/meeting 13% not to exceed $40/month Appendix C Planning City Council Commissioner As a Percentage City Compensation Compensation Of City Council Merced $20/month None n/a Red Bluff $90/month None n/a Redding $200/month None n/a Roseville $150/month None n/a · Mayor $200/month Sacramento Per Meetin~ Monthly Maximum $50/meeting 26% not to exceed City Council $20 $100 $250/month Redev. Agency 75 375 Hous. Authority 50 200 Auto allowance - 300 $975 Mayor receives $1,800/year expense account and $125/month each for Redevelopment Agency and Housing Authority allowances Stockton $15/meeti ng pl us $25/meeti ng 166% i f meet mileage allowance; plus mileage as often as Mayor- $1,200 annual allowance Council; 83% if expense account half as often Tul are* $1 O/month None n/a Visalia $300/month None n/a *November 1985 election included charter amendment to raise City Council compensation. Defeated by an almost 2 to 1 margin. Cit of Lancaster Commission Su ey. June 1988 ' r Number of Planning Commission responses~: 336 Does your city provide compensation Does your city provide any medical benefits? for Planning commissioners? I Medical benefits totals: ICompensationtotals: yes 2 0.60% s ' I 47 - 43.75% no 31 7 9'4.63%[ /~ 1 73 51.49% not applicable i 6 4_...Z8.~ [ not applicable 1 6 4.76% , tolal 335 100 %J / total 336 100% · , Does your city provide any other benefits? Frequency of compensation: i )er meeting 87 59.18% IBenefit totals: per month 49 33.33% lYr~eS 29 8.98% I bi-weekly 1 0.68% 278 86.07%~ mknown 1 0 6.80% lnot applicable .1 6 4.95°/~ 147 100% I total 323 ~°/oJ ',' ,Ipay averages: 13 [per meeting $35.67 ... ~per month $81.56 ~bi-weekly $11.54 Appendix D APPLICATION BOARDS & COMMISSIONS CITY OF SANTA CLARA, CALIFORNIA Submit to: City Clerk's Office 1500 Warburton Ave., Santa Clara, California 95050 Telephone: 984-3140 ,, ~¢ ,¢ ., ,~ ,~ .~ ,¢ ,~ ~ ,, ~¢ ,¢ ,~ ., ,, ,~ ,, ,, ,~ ~ ,~ ,, ,, ,¢ ,¢~ ~ ~¢ ;% ,~ ,¢ ~ ,~ ,~ ,~ ~ ,~ ,~ ,¢ ,~ ~ ,~ ~ ~¢ ,~ ,~ ~¢~ ~ ,~ ,~ ~¢~¢ ,~ ,¢ ,~ ,¢ ~ ,~ ,~ ~¢ ,~ ,~ ~ ,~ ,~ ,¢ ,~ ,~ ,~ ,~ ,~ ~¢ ,¢ ,~ ,~ ~¢ ,~ ,¢ ,~ ~oard or Commission Applying for: '~me: Please Print ~ddress: telephone: Work: Home: ~e you a registered voter of Santa Clara? .For how long? ?resent Employer: Iob Title: ?revious Governmental Bodies Applicant Has Position or Office When? ~erved, Including Elective Offices Held? . ]ivic or Charitable Organizations to Position .Held? When? 7hich Applicant Has Belonged pecial Interests/Hobbies/Talents: .oil'ege, Professional, V6cationai Major Subject Dates Degree/Date r other Schools Attended pecial Awards or Recognitions Received: Appendix E - 2 - Please state reasons Why you want to become, a member of this Board or Commission, including what specific objectives youwould be working toward as a member of this advisory board: (Attach second page if necessary) Any other information which you feel would be useful to the City Council in reviewing your application? (Attach second pa~e if necessary) Are you associated with any Organization/Employment that might be deemed a conflic of interest in performing your duties if appointed to this position? If yes, please state name of Organization/Employment: City policy directs all advisory body members not to vote on matters where 'there exists a potential conflict of interest. Would You be willing to abstain from voting if such a conflict arises? Signature of' Applicant Date Signed A GUIDE TO BOARD AND COMMISSION APPLICANTS While membership on Boards and Commissions requires no definite qualifications, there are other desirable characteristics which the Council will be looking for as they review applications. FAMILIARITY WITH COMMUNITY Council would expect that most appointees would have lived in Santa Clara for at least a year and would be somewhat familiar with the physical, social and economic make-up of the City. Applicants should have demonstrated an active interest and involvement in the community. FAMILIARITY WITH MAJOR ISSUES: While it will be assumed that applicants are familiar with the specific issues that are being addressed by the commission.for which they are applying, it is also expected that applicants are aware of far reaching issues which will impact all sectors of City programs and services. KNOWLEDGE OF THE COMMISSION .It is assumed that during the application process, applicants will become familiar with the responsibilities and role of the commission in the City's policy making structure. COMMITMENT TO SERVE It is fully expected that when appointed, commissioners will serve their term of office. While personal or professional circumstances might prompt an unexpected resignation, applicants who are aware of any reasons why they may not be able to complete a full term or attend regularly scheduled meetings, should indicate this on their application. While time commitments will vary depending upon schedules and workload, commissioners are expected.to attend all scheduled meetings. In addition to attending scheduled meetings, commissioners may be expected to participate in study sessions or serve on sub-committees. RELATIONS WITH THE COMMUNITY As a commissioner or board member your actions will reflect on the City of Santa Clara, and you will be expected to relate to the community with impartiality and courtesy. PLEASE NOTE: THE CITY CHARTER REQUIRES THAT ALL MEMBERS OF BOARDS AND/OR COMMISSIONS BE REGISTERED VOTERS ***************************************** APPLI,..,-,T,~N'-' '"' [)" of' Concord BOARDS, COMMISSIONS, COt~t~ITTEE ~ ..~cole your e~erence[s Name Dote of Birth Address Home Phone ~E~L City/State Business Phone ~u~o,NG~ Length of Residence u'-~u~^~. Spouse's Name No. Children . r~ Employment Education and Training o~s ~ RE. Other Special Training Reason for Applying Consmermg your previous experience and activities in business, lobar, professional, social, or other organizations, indicate your most impor~am experiences and abilities which qualify you for the appoinrmem. Hove you hod previous public service experience on a commission or ~ublic.bod¥. explain duties. DISQUALIFICATION City of Del Mar KRAUEL & KRAUEL 25FEB89/10B CAUTION: DATED SUMMARY. SEE FULL, CURRENT LAW There are three reasons why a public official (Council member, Commissioner, Boardmember, City employee) may be disqualified both from making and from participating in the making of a governmental decision: A. BIAS. A public official is disqualified from making a quasi-judicial decision when the official is biased in favor of or against'an involved party. Mere familiarity with the facts does not necessarily constitute bias. To participate, the public official must be prepared to apply the law to the particular fact situation presented during the hearing; regardless of what pre-hearing opinions the official may hold. B. CONTRACT INTEREST. If a public official has an interest in a contract proposed between the agency and- another party, the publiC official is disqualified and the agency may be precluded from entering into the contract (regardless of whether the public official abstains from the decision). C. FINANCIAL CONFLICT OF INTEREST. The Fair Politica-1 Practices Act provides that no City Official, at any level, shall make, participate in making or in any way attempt to use the Official's position to influence a City decision in which the Official knows or has reason to know that the Official has a financial interest. To determine whether a person is disqualified by the Fair Political Practices Act from participating in a decision: 1. First, determine whether the person is a "public official". The Act applies to the City's Councilmembers, officers, employees, consultants and members of boards/commissions/committees that make decisions and recommendations. 2. Second, determine whether the public official has an "economic interest= in a business entity, in real property, or in a source of income/gift/loan. 3. Third, determine whether it is reasonably foreseeable that the decision will have a "material financial effect# on the identified economic interest. a. Under the specific rules of the Act, there is a "material financial effect" if: (1) The economic interest is directly involved in the decision; or (2) The economic interest is indirectly involved in the decision. Appendix F DISQUALIFICATION Page TWO KRAUEL & KRAUEL 25FEB89/10B CAUTION: DATED SUMMARY. SEE FULL, CURRENT LAW b. If the Act's specific rules cannot be applied, then it is necessary to apply the Act's general rule which is that there is a material financial effect: #...if the decision will have a siqnificant effect on the official or a member of the official's immediate family, or on the' source of income, the source of gifts, the business entity, or the real property, which is an economic interest of the official." '4. Fourth, there may be no disqualification of the official, even if there is a fmaterial financial effect,# if the decision affects the official's economic interest in a manner which is not distinguishable from the manner in which the decision will affect the public generally. a. Will the decision affect the official's economic interest in substantially the same way as it will affect all members of the public or a significant segment of the public? b. If an industry, trade or profession of the official is being affected, is the economic interest a predominant industry, trade or profession in the official's jurisdiction? Consider whether the creation of the official's agency addresses the issue. PRACTICE NOTES NOTE: The Official is personally responsible for reviewing agendas and potential City decisions to identify those which might possibly impact financially upon the Official's economic interests. NOTE: An economic interest that did not have to be disclosed on the Official's Statement of Economic Interest can nevertheless constitute the basis of a disqualifying conflict of interest. The rules for determining disqualification apply to a much broader range of interests. NOTE: To determine whether a conflict of interest exists, the Official must identify the economic interest and then evaluate the possible impact of the pending decision on the interest. AVOIDANCE OF DECISION UPON DISQUALIFICATION KRAUEL & KRAUEL 25FEB$9/10C CAUTION: DATED SUMMARY. SEE FULL, CURRENT LAW If a financial conflict of interest exists: A. The public official must disclose the financial interest as part of the City's official record. B. The public official is prohibited from, among other things: 1. Voting on or otherwise making a decision on the matter; 2. Negotiating with a governmental entity or private person regarding the decision; 3. Advising or making recommendation to the decision maker; 4. Contacting, appearing, before or otherwise attempting to influence the City Council or any board, commission, committee, member, officer, employee or consultant of the City; 5. Committing the City to a course of action; and 6. Using official stationery or otherwise purporting to act in an official capacity. C. There are some activities which are not prohibited: 1. The public official can appear as a member of the general public before the city to represent herself/himself on a matter related solely to the official's personal interests; 2. The public official may communicate with the general public or the press; 3. The public" official can negotiate the terms or conditions of the official's own employment contract with the agency; 4. The public official who is an architect or engineer may assist a client (limited exception); AVOIDANCE OF DECISION UPON DISQUALIFICATION Page TWO KRAUEL & KRAUEL 25FEB89/10C CAUTION: DATED SUMMARY. SEE FULL, CURRENT LAW D. The public official with a financial conflict may be legally required to participate only in the vote if each of the following is satisfied: 1. There is no alternative source of decision if the public official does not participate; 2. The public official discloses the financial interest on public record; 3. The public official describes with particularity the nature of the interest; 4. The public offiCial does not attempt in any way to use the public off'icial's position to influence any other public official with respect. to the decision; 5. It must be stated in the record that there is no alternative source of decision-making authority; 6. The public official participates only to extent legally required; and 7. The public official's vote is not required merely to break a tie. F4 The following procedures and code of ethics were taken literally taken from the American Institute of certified Planners pp. iii, iv, v, 1983. DefinitiOn of Professional Planning Experience Professional Planning Experience "Professional planning experience," planning experience, whether acquired through practice, teaching or research, must address all four of the following criteria: A. Influencing public decision-making in the public interest. Recommending specific actions or choices to elected/appointed officials, private sector representatives, or others regarding public decisions concerned with social, economic, or physical change in the public interest. B. EmPloying an appropriately comprehensive point of view. Appropriate comprehensiveness requires: 1) looking at the consequences (e.g., physical/environmental, social, economic/financial, governmental) of making a proposed decision; 2) conforming a proposed decision to the larger context in which it' will occur; and 3) treating multiple policies, actions, or systems simultaneously when inter-linkages are too great to treat separately. It does not require looking at everything at once if the above three criteria are met with a proposal, plan, or program c~ narrower scope. C. Applying a planning process appropriate to the situation. This means a process which is appropriate to its place and situation in: 1) the number and order of its steps - e.g., problem/opportunity definition, goal setting, generating alternate strategies, strategy choice, implementation, evaluation; 2) its orientation to the future, to value change, and to resource constraints; 3) its quality of research and analysis; and 4) its format of policy, program, or plan proposal. D. Involving a professional level of authority, responsibility, and resourcefulness. This means initiative, judgement, substantial involvement, and personal accountability for defining and preparing significant substantive elements of planning activities. Appendix G Code of Ethics and Professional Conduct This Code is a guide to ethical conduct required of members of the American Institute of Certified Planners. The Code also aims at informing the public of the principles to which professional planners are committed. Systematic discussion of the application of these principals, among planners and with the public, is itself essential behavior to bring the Code into daily use. The Code's standards of behavior provide a basis for adjudicating any charge that a member has acted unethically. However, the Code also provides more than the minimum threshold of enforceable acceptability. It sets aspirational standards that require conscious striving to attain. The principals of the Code derive both from the general values of society and from the planning profession's special responsibility to serve the public interest. As the basic values of society are often in competition with each other, so also do the principals of this Code sometimes compete. For example, the need to provide full public information may cOmpete with the need to respect confidences. 'Plans and programs often result from a balancing among divergent interests. An ethical judgement often also requires a conscientious balancing, base on the facts and context of a particular situation and on the precepts of the entire Code. Formal procedures of filing of complaints, investigation and resolution of alleged violations and the issuance of advisory rulings are part of the Code. The Planner's Responsibility to the Public A planner's primary obligation is to serve the public interest. While the definition of the public interest is formulated through a continuous debate, a commissioner owes allegiance to a conscientiously attained concept of the public interest, which requires these special obligations: 1) A planner must have special concern for the long range consequences of present actions. 2) A planner must pay special attention to the interrelatedness of decisions. 3) A planner must strive to provide full, clear and accurate information on planning issues to citizens and governmental decision-makers. 4) A commissioner must strive to give citizens the opportunity to have a meaningful impact on the development of plans and programs. Participation should be broad enough to include people who lack formal organization or influence. 5) A planner must strive to expand choice and opportunity for all persons, recognizing a special responsibility to plan for the needs of disadvantaged groups and persons, and must urge the alteration of policies, institutions and decisions which oppose such needs. 6) A planner must strive to protect the integrity of the natural environment. 7) A planner must strive for excellence of environmental design and endeavor to conserve the heritage of the built environment. The Planner's Responsibility to Clients and Employers A planner owes diligent, creative,· independent and competent performance of work in'pursuit of the client's or employer's interest. Such performance should be consistent with the planner's faithful service to the public interest. 1) A planner must exercise independent professional judgement on behalf of clients and employers. 2) A planner must accept the decisions of a client or employer concerning the objectives and nature of the professional services to be performed unless the course of action to be pursued involves conduct which is illegal or inconsistent with the planner's primary obligation to the public interest. 3) A planner must not, without the consent of the client or employer, and only after full disclosure, accept or continue to perform work if there is an actual, apparent, or reasonably foreseeable conflict 'between the interests of the client or employer and the personal financial interest of the planner. 4) A planner must not solicit prospective clients or employment through use of false or misleading claims, harassment or duress. 5) A planner must not sell or offer to sell services by stating or implying an ability to influence decisions by improper means. 6) A planner must not use the power of the office to seek or obtain a special advantage that is not in the public interest nor any special advantage that is not a matter of public knowledge. 7) A planner must not accept or continue to perform work beyond the planner's professional competence or accept work which cannot be performed with the promptness required by the prospective client or employer or which is required by the circumstances of the assignment. 8) A planner must not reveal information gained ia a professional relationship which the client or employer has requested be held inviolate. Exceptions to this requirement of non-disclosure may be made only when a) required by process of law, or b) required to prevent a clear violation of the law, or c) required to prevent a substantial injury to the public. Disclosure pursuant to b) and c) must not be made until after the planner has verified the facts and issues involved and, when practical, has exhausted efforts to obtain reconsideration of the matter and has sought separate opinions on the issue from other qualified professionals employed by the client or employer. The Planner's Responsibility to the Profession and to Colleagues A planner should contribute to the development of the profession by improving knowledge and techniques, making work relevant to solutions of community problems, and increasing public understanding of planning activities. A planner should treat fairly the prOfessional views of qualified colleagues and members of other professions. 1) A planner must protect and enhance the integrity of the position and must be responsible in criticism of the profession. 2) A planner must accurately represent the qualifications, views and findings of colleagues. 3) A planner, who has responsibility for reviewing, the work of other professionals, commissioners, must fulfill this responsibility in a fair, considerate, professional and equitable manner. 4) A planner must share the results of experience and research which contribute to the body of planning knowledge. 5) A planner must examine the applicability of planning theories, methods and standards to the facts and analysis of each particular situation and must not accept the applicability of a customary solution without first establishing its appropriateness to the situation. 6) A planner must contribute time and information to the professional development of students, intern, beginning professionals and other colleagues. 7) A planner must strive to increase the opportunities for women and members of recognized minorities to become professional planners. A Planner's Self-Responsibility A 'planner should strive for high standards of professional integrity, proficiency and knowledge. 1) A planner must not commit a deliberately wrongful act which reflects adversely on the planner's professional fitness. 2) A planner must respect the rights of others and, in particular, must not improperly discriminate against persons. 3) A planner must strive to continue professional education. 4) A planner must accurately represent professional qualifications, education and affiliations. 5) A commissioner must systematically and critically analyze ethical issues in the practice of work on the commission. 6) A planner must strive to contribute time and effort to groups lacking in adequate planning resources and voluntary professional activities. STATE of CALIFORNIA Planning Zoning and Development Laws 1988 Chapter 3. Local Plannir~3 Article 1. Local .Planning (Article 1. [commencing with Section 65100] repealed and a~ded by Stats. 1984, Oh. 690.) Creation of plannir~3 65100. There is in each city and county a agency planning agency with the powers necessary to carry out the purposes of this title. The legislative 'body of each city and county shall by ordinance assign the functions of the planning agency to a planning department, one or more planning ccrnmissions, administrative bodies or hearing officers, the legislative body itself, or any ccrabination thereof, as it deems appropriate and necessary. In the absence of an assignment, the legislative body shall carry out all the functions of the planning a~3ency. (Repealed and added by Stats. 1984, Oh. 690.) Creation of planning 65101. (a) The legislative body may create one c~,~..~ssion or more planning ccramissions each of which shall report directly to the legislative body. /he legislative body shall specify the mambership of the commission or commissions. In any ~;ent, each planning commission shall consist of at least five m~mbers, all of whcra shall act. in the public interest. If it creates more than one planning commission, the legislative body shall prescribe the issues, responsibilities, or geographic jurisdiction assigned to each cc~,,,t~ission. If a development project affects the jurisdiction of more than one planning c~r,~Lission, the legislative body shall designate the commission which shall hear the entire development project. Appendix H Appropriations for 65104. The legislative body shall provide the planning agency funds, equiunent, and acccmmodations necessary or appropriate for the work of .the planning a:3ency. If the legislative body, including that of a charter city, establishes any fees to support the work of the planning agency, the fees shall not exceed the reasonable cost of providing the service for which the fee is charged. The legislative body shall impose the fees pursuant to Chapter 13 (cu.u~encing with Section 54990) of Part 1 of Division 2 of Title 5.) (Repealed and added by Stats. 1984, (h. 690.) rules and 65102. A legislative body may establish for procedures its planning agency an'_,' rules, procedures, or standards which do not conflict with state or federal laws. (Re~aied and added by Sta%s. i984, CA. 690.) P!arming agency 65103. Each planning agen%; snail perform all f~nc%ions of ti~e followi~ ~unctions: as necessary, the ~enerai plan. (b) implement %he general' plan through of specific 5,ians and zoning and subdiv~ =< on ord i nances. (c) Annually review the capital improvement program of the ciS}, or county and the local p~lic %erks projects of other icsal agencies for their ~nsis~en%, wi%h ~ne oeneral plan, pursuant to ~ticie 7 (c~nci~ with Section 65400). (d} Endeavor ~o p~omo=e public .nuerest in, cogent on, and understanding of the general pl~, a~ r~ula%ions reiati~ to (e) Consu!% and advise with public officials educational , professional , and other organizations, a~ citizePs generally conce~in9 impi~enta%ion of ~e general pi~. (f) Pr~ote the ~o~,_~.~o,~ of local uians pr~r~s wit~ the plans and program, s of other p~lic ~encies. 2.24.030~2.28.050 in conflict with any provisions of the Charter or ordinances of the city. (lh'ior code § 1.40.010). 2.28.020 Appointment of officers and employees. Wherever the Conservation and Planning Law provides for the appointment of a director, officers, employees, consultant, or other spe- cialists, the appointment shall be made by the city council or city manager, as the case may be, as set forth in the Charter or ordinances of the CITY of BAKERSFIELD city regulating employment of officers and/or employees of the city. (Prior code § 1.40.020). Chapter 2.28 2.28.030 Planning comm!ssion---Creation-- Members. PLANNING AND ZONING AGENCIES A. There is created a planning commission of the city which shall consist of seven members Sections: who shall be appointed by the city council. 2.28.010 Adoption of state law. B. Members shall serve for a term of four 2.28.020 Appointment of officers and years. employees. C. If a vacancy occurs, other than by expira- 2.28.030 Planning commission-- don of term, it shall be filled by appointment for "~ '"'",. Creation--Members. the unexpired portion of the term. (Phor code § '. 2.28.040 Planning commission-- 1.40.030). Selection of chairman--Duties. 2.28.050 Meetings--Technical advisors. 2.28.040 Planning commission--Selection 2.28.060 Meetings---Councilman as of chairman--Duties. advisor. A. The commission shall elect its chairman 2.28.070 Meetings--Absence. among its appointed members for a term of one 2.28.080 Members of planning year and, subject to other provisions of law, may commission and board of zoning create and fill other offices as it may determine. adjustment. B. The commission shall hold at least one 2.28.090 Board of zoning adjustment-- regular meeting in each month. CreatedmMembership-- C. It shall adopt rules for transaction ofbusi- Terms--Vacancies--Removal. ness and shall keep a record of the resolutions, 2.28.100 Board of zoningadjustment-- transactions~ findings, and determinations, Duties. which record shall be a public record. (Prior code 2.28.110' Planning department--Duties. § 1.40.040). 2.28.010 Adoption of state law. 2.28.050 Meetings--Technical advisors. The Conservation and Planning Law of the A. The director of public works and the chief state, being Title 7 of the Government Code, and building inspector of the city shall attend the amendments thereto, is adopted by the city by meetings of the planning commission and shall reference to this law, and all provisions therein serve as technical advisors to the commsision. contained which are applicable to cities, and not (Bakersfield 12-87) APpendix I 2.28.060--2.28.100 <~'", B. Each technical advisor may designate one 2.28.090 Board of zoning adjustment-- · ..< of his assistants or deputies to attend the meet- Created--Membership~Terms-- ings of the commission in his absence. (Prior Vacancies--Removal. code § 1.40.050). A. There is created a board of zoning adjust- ment of the city, which shall consist of three 2.28.060 Meefings--Coimcilman as advisor, members, which membership shall be selected One member of the city council shall be desig- on the basis ofone member each from the public rated by the city council to attend the meetings works~ building and legal departments of the of the planning commission, in an advisory city, and who shall be appointed by the city court- capacity, for a term of two years. (Prior code § oil. 1.40.060). B. One member shall be appointed to serve for a term which shall expire December 1, 1960; 2.28.070 MeefingsmAbsence. one member shall be appointed to serve for a A. Shouldamemberoftheplanningcommis- term which shall expire December 1, 1961; and sion be absent for three consecutive regular one member shall be appointed to serve for a meetings of the commission without cause, as term which shall expire December 1, 1962. determined by the commission, the office of the C. At the expiration of each of the terms so member or appointee shall be deemed to be ter- provided for, successors shall be appointed for a minated and the secretary of the planning com- term of three years. mission shall immediately inform the city D. Vacancies on the board shall be filled in the council of the termination, same manner for the unexpired term. B. An absence due to illness or an unavoid- E. Members of the board of zoning adjust- able absence from the city and written notice ment may be removed in the same manner as sion on or before the day of any regular meeting vialed by law. (Prior code § 1.40.090). by the commission shall be deemed absence for cause. (Ord. 2583 § I, 1980: prior code § 2.28.100 Board ofzoningadjustment- 1.40.070). Duties. The powers and duties of the board of zoning 2.28.080 Members of planning commission adjustment shall be: and board of zoning adjustment. A. To administer the zoning ordinance inso- The planning commission and the board of far as the same pertains to conditional use per- zoning adjustment created prior to the adoption mits, variances, modifications, and home of the ordinance codified in this chapter, are occupation permits; continued in existence and operation as the plan- B. To recommend to the city council any ring commission and the board of zoning adjust- additional uses which may be included within ment of the city, and the appointed members of the list of permitted uses: each shall be and constitute the members of the C. To determine whether plans submitted for planning commission and of the board of zoning uses in P (parking) and W (oil well) zones, respec- adjustment, respectively, until the expiration of tively, are in harmony with the provisions ofthe the terms for which they were or shall be zoning ordinance (Title 17), and meet the appointed. (Pr/or code § 1.40.080). { Bakcrsli¢ld 12-87} requirements therein set forth; · .-~ D. To conduct hearings'and render decisions on applications for conditional use permits, variances, modifications, and home occupation permits, subject to the provisions of the zoning ordinance regulating the granting of the permits; E. To exercise such other powers as may be granted by state laWs and local ordinances; F. to adopt rules of procedures necessary to carry out the purposes of this section. (Prior code § 1.40.100). 2.28.110 Planning department'- Duties. The planning department of the city shall act in advisory capacity on all matters relating to conditional use permits, variances, and modifica- tions, and provide technical and secretarial services to the board of zoning adjustment. (Prior code § 1.40.110). /VI, EM O R.A N D UM : : Januaz'~ 2.6, 198~ TO: URBAN DEVELOPMENT COMMITTEE KEVIN MC DERMOT - CHAIR PAT SMITH - MEMBER KEN PETERSON - MEMBER ~ FROM: JAKE WAGER, ECONOMIC DEVELOPMENT SUBJECT: CDDA/CITY COUNCIL COMMITTEE MEETING At noontime on February 2, 1989, you will be meeting with an Ad Hoc Committee of the Central District Development Agency (CDDA). The meeting was requested by the CDDA in an effort to establish stronger links and clearer lines of communication. The purpose of the meeting would be to discuss matters of mutual interest to both the City Council and the CDDA. In order to facilitate the process, the CDDA has asked that the attached materials serve as the centerpiece of discussion. As you may note in your review of the materials, they are basically a listing of projects or tasks which the CDDA has identified as having some greater value or priority. The provision of these materials is not meant to limit discussion to other matters of mutual interest. One topic, in particular, that the CDDA representatives will be interested in dis- cussing is the half-cent sales tax proposition slated for voter con- sideration on March 7, 1989. A Committee of the CDDA has discussed this proposition and may be interested in supporting it. It was the Committee's preference to have the CDDA's Ad Hoc Committee discuss the matter with the Urban Development Committee prior to giving a commit- tee report to the full CDDA. The Ad Hoc Committee is looking forward ~to its meeting with you with expectations of a frank and productive exchange of views. The Ad Hoc Committee is made up of the chairmen of the three standing CDDA Committees. The representation is as follows: Bob Watson - Development Committee Paul' Kronenberg - Design Review Committee Mel Rubin - Housing, Relocation and Communication Committee If you have any questions, please call Jack Hardisty or myself. ' cr W:M.JW31 cc: Dale Hawley~ City Manager PROJECTS FOR PRIORITIZATION : 1. Complete a Comprehensive Urban Design Plan for the Redevelopment Area. a. Investigate the feasibility of a theme in the Urban Design Plan. b. Investigate the Feasibility of Water Elements c. Consider median islands on Chester Avenue. 2. Institute a multi'phase Downtown Improvement Program consistent with the Urban Design Plan. 3. Update the Redevelopment Plan. which would include consultation with appropriate panels or parties representing the following interest : Historical Preservation Center for the Arts Housing Transportation/Parking · ".) 4. Consider expansion of Project Area Boundaries. 5. Indentify future projects or needs for the Redevelopment Project Area. 1. COMPREHENSIVE URBAN DESIGN PLAN FOR PROJECT AREA * COST ESTIMATE: o Staff $50,000 (inCluding photography, graphics and other materials) ° Consultant None at this time. * TIME PERIOD: ~' Adoption of Redevelopment Element Update by Central District Development Agency to occur July/August 1989. * ORGANIZATIONS CONDUCTING PROGRAM: (CDDA INCLUDED) ~ Economic Development Staff 90% ~ Other City Depts. 10% ~ Downtown Business Assoc. and other property owners - on-going ° Sign companies, awning companies and general contractors - on-going * PROJECTED BENEFIT: ~ Improve the quality of physical changes ° Protect the value of investment ~ Protect existing architectural character ~ Act as a base for objective decision-making : Increase public awareness of architectural quality ~ Prevent incompatible new construction * CDDA RESPONSIBILITY (WHAT CAN AGENCY DO ABOVE AND BEYOND TO ENHANCE THIS EFFORT) ~ Continue t° budget for landscaping, street and sidewalk improvements throughout the Project Area. ~ Continue to budget for facade improvement pro,ram ~ Assist staff in making presentations to key downtown organizations~ and service groups * CONSTRUCTION COSTS: ~ Not available at this time * POTENTIAL TAX INCREMENTS -. 1.a. ESTABLISH FEASIBILITY OF PROJECT AREA THEME COST ESTIMATE: o Staff' $10,O00 ~ Consultant None * TIME PERIOD: ° Fiscal Year 88-89 * ORGANIZATIONS CONDUCTING PROGRAM: (CDDA INCLUDED) ~ Economic/Redevelopment Division ~ Design Review Committee .. * PROJECTED BENEFIT: ~ Enhance image of Downtown Project area' ~ ~ Urban Design Theme may improve the overall architectural appearance of downtown structures thereby causing construction of new structures to be more compatible in appearance to older structures. * CDDA RESPONSIBILITY (WHAT CAN AGENCY DO ABOVE AND BEYOND TO ENHANCE THIS EFFORT) ~ Formally direct'staff to include this feature (Urban Design Theme) into the Redevelopment Element's Urban Design Component * .CONSTRUCTION COSTS: ~ Not available· * POTENTIAL TAX INCENTIVES: ~ Not available -2- -., 1.b. FEASIBILITY OF WATER ELEMENTS IN THE PROJECT AREA- COST ESTIMATE: ~ Staff $10,000 ~ Consultants $50,000 (includes water district staff) * TIME PERIOD: o FY 88-89 * ORGANIZATIONS CONDUCTING STUDY: (CDDA INCLUDED) Economic/Redevelopment Division Other City Departments, Public Works/Community Services Dept. Kern Delta Water District * PROJECTED BENEFIT: ~ The adopted Redevelopment-Element (Urban Design Component) says as follows: "The river, canals, and open land work to form edges and patterns of human activity and development. The canals might be considered as water elements in key locations". Achieving this objective would certainly enhance the Downtown image and create exciting development/design opportunities such as the New Beale Library. * CDDA RESPONSIBILITY (WHAT CAN AGENCY DO ABOVE AND BEYOND TO ENHANCE THIS EFFORT) Investigate preparation of an ordinance which, in essence, would require that all new development adjacent to an existing water canal in the project area be required to incorporate a water element into the design. ~ Travel to San Antonio, Texas and see "how its done", Conduct a "get acquainted" meeting with Kern Delta Water District and discuss opportunities and constraints. * CONSTRUCTION. COSTS: o Not available. * POTENTIAL TAX INCREMENTS: o Not available. -3- 1.C. FEASIBILITY OF MEDIAN ISLANDS ON CHESTER AVENUE LANDSCAPING/IMPROVEMENT PLAN * COST ESTIMATE: o Staff $5,000 ° Consultant None * TIME PERIOD: ° Fiscal Year 88-89 * ORGANIZATIONS CONDUCTING PROGRAM (CDDA INCLUDED) ~ Economic/Redevelopment Div. 25% ~ Public Works Div. 75% (Including Traffic Div. ° Downtown~Business Assoc. ·on-going * PROJECTED BENEFIT: ~ Enhance image of Downtown such as Truxtun Avenue does. ~ May EncoUrage Chester Avenue businesses and property owners to improve building appearance and sidewalk landscaping efforts. * CDDA RESPONSIBILITY (WHAT·CAN AGENCY DO ABOVE AND BEYOND TO ENHANCE THIS EFFORT): ~ Upon completion of Median Feasibility Study, make a decision on the direction and priority that Chester Avenue Improvement Project will take especially as it relates to the !gth Street Improvement Plan. o Encourage Downtown Business Association and other groups such as the (parade people) to provide input into the feasibility study. * CONSTRUCTION COSTS: ~ Not available until study is completed * POTENTIAL TAX INCREMENTS: ° Project will not directly cause increase in tax revenue because it is a public project. However, the public improyement hopefully--will· cause, adjacent private reinves'tment thereby increasing tax increment revenue. -4- 2. MULTI-PHASE DOWNTOWN IMPROVEMENT PROGRAM INCLUDING LANDSCAPING STREET AND SIDEWALK IMPROVEMENTS - 1989-1994 * COST ESTIMATE: o Staff $10,000 per year ° Consultant None ~ Contractor $100,000 per year * TIME PERIOD: ° 1989-1994 (5 year time period) * ORGANIZATIONS CONDUCTING THE PROGRAM: (CDDA INCLUDED) ~ Public Works Dept. 70% ~ Economic/Redevelopment Div. 20% ~ Other City Depts. 10% ° Contractor To be determined PROJECTED BENEFIT:· ~ Enhance overall, downtown image ~ · ~ Provide a superior downtown shopping environment ~ Increase existing business expansion and attract new market opportunities for prospective developers * CDDA RESPONSIBILITY (WHAT CAN AGENCY DO ABOVE AND BEYOND TO ~ ENHANCE THIS EFFORT): ~ Assist staff in working with Downtown businesses and property owners (including the DBA) in encouraging on-going support for this program. o Encourage property owners and businesses to expand building facade improvements to enchance landscaping street and sidewalk improvements * CONSTRUCTION COSTS:· ~ $100,000 per year (5 year period) * POTENTIAL TAX INCREMENTS: ~ None -5- 3. UPDATE OF REDEVELOPMENT ELEMERT * COST ESTIMATES: o Staff $55,000+ ° Consultants None * TIME PERIOD: ~ August 88 - October 89 * ORGANIZATIONS CONDUCTING STUDY: (CDDA INCLUDED) ~ Economic/Redevelopment Staff (Primary) - 85% ~ Community Development Div. and other City Dept. (Secondary) .- 15% * PROJECTED BENEFIT: ° Will provide updated information for staff and Agency to make development decisions on proposed private projects and other public improvements. ~ Will provide developers, property owners, businesses and governmental agencies with the direction the Downtown area is going in its rebuilding program. * CDDA RESPONSIBILITY (WHAT CAN AGENCY DO ABOVE AND BEYOND TO ENHANCE THIS EFFORT) ~ Assist in the planning process through the involvement of the Agency's three committees (Development, Design Review and Public Relations) ~ Participate as much as possible with the "Citizen's Advisory Committee." ~ Encourage its members to "speak out" on the Redevelopment Plan to civic groups, elected officials, business and industry, labor and other groups. * CONSTRUCTION COSTS: ~ Not a~ilable * POTENTIAL TAX INCREMENTS: ~ Not available -6- ASSESSMENT OF HOUSING FEASIBILITY IN PROJECT AREA " * COST ESTIMATE: o Staff $15,000 per year (estimate) ° Consultant To be determined. * TIME PERIOD: ° Fiscal Year 88-89 * ORGANIZATIONS CONDUCTING PROGRAM: (CDDA INCLUDED) ~ Community Dev. Div. 75% ~ Economic/Redevelopment Div. 2'5% o Private Building Owners (Rehab. projects) ° Developers (New Projects) * PROJECTED BENEFIT: ~ The maintenance and improvement of low income housing. The creation of middle income housing. ' 'i ~ The creation of.high income housing' (condo's). ~ The development of improvement programs and policies that' ... support housing related activities and encourage neighborhood !ivability. * CDDA RESPONSIBILITY (WHAT CAN AGENCY DO ABOVE AND BEYOND TO ENHANCE THIS EFFORT): ~ Assist staff in demonstrating to the private sector (Housing Industry) that the Agency is desirous of constructing new multi-family housing in the Project Area. ~ Send.a strong "signal" to appropriate State and Federal agencies that the City is committed to securing government assisted housing in the Downtown area. * CONSTRUCTION COSTS: ° Not available * POTENTIAL"~AX INCREMENTS: ~ Not available -7- CULTURAL ARTS FACILITY * COST ESTIMATE: o Staff (Planning Phase) ° Consultant (Planning/Design to be determined) * TIME P'ERIOD: ~ Fiscal Year 89-90 (Planning Phase) * ORGANIZATIONS CONDUCTING PROGRAM: (CDDA INCLUDED) ~ Economic/Redevelopment Div. - Provide support & liasion function. ~ Civic Auditorium Dept. - Assist staff and citizen committee. ~ Appointed Citizens Panel - Prepare action plan. '~ * PROJECTED BENEFIT: ~ New Activity Center ~ Expanded ability to attract conventions, and entertainment/cultural activities ~ Important infrastructure (facility) for economic diversification (tourism industry) * CDDA RESPONSIBILITY (WHAT CAN AGENCY DO ABOVE AND BEYOND TO ENHANCE THIS EFFORT): : Assist in formuation of Citizens Panel. ~ Provide linkage to Agency/City Council. * CONSTRUCTION COSTS: '~ To be determined. ' * POTENTIAL TAX INCREMENTS: ~ Not available. -8- 4. EXPANSION OF REDEVELOPMENT PROJECT AREA BOUNDARIES * COST ESTIMATE: °CONSULTANT $10,000 °STAFF $35,000 * TIME PERIOD: ~JULY 1988 - JUNE 1989 * ORGANIZATIONS CONDUCTING STUDY: (CDDA INCLUDED) ~Economic/Redevelopment Div. Staff 20% ~Other City Departments 20% °Consultants 60% * PROJECTED BENEFIT: °Create an expanded tax increment revenue base for the Agency. · °Improve blight,° vacant land and underutilized property conditions adjacent to the~existing project area. ~Identify expanded market opportunities around which a redevelopment program could be designed. * CDDA RESPONSIBILITY (WHAT CAN AGENCY DO ABOVE AND BEYOND TO ENHANCE THIS EFFORT): ~Assist staff in a "pro-active" mode in soliciting understanding and support from property owners and businesses in the study areas. * CONSTRUCTION COSTS: °Not available * POTENTIAL TAX INCREMENTS: ~Signif~ant, (actual figures/projections to be determined at a later date). W:JW9 -9-