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Home My WebLink About11/14/1995 BAKERSFIELD Irma Carson, Chair Mark Salvaggio Jacquie Sullivan Staff: John W. Stinson AGENDA COMMUNITY SERVICES COMMI'I-I'EE Tuesday, November 14, 1995 4:15 p.m. City Manager's Conference Room City Hall, Suite 201 1501 Truxtun Avenue Bakersfield, CA 1. ROLL CALL 2. APPROVAL OF AUGUST 8, 1995 MINUTES 3. PRESENTATIONS 4. PUBLIC STATEMENTS 5. DEFERRED BUSINESS 6. NEW BUSINESS A. REQUEST TO NAME RUGBY FIELD B. ORDINANCE REGARDING REQUIREMENT TO FORM MAINTENANCE DISTRICT C. APPOINTMENTS TO THE CITIZENS' COMMUNITY SERVICES ADVISORY COMMITTEE 7. ADJOURNMENT MEETING DATE: October 11. 1995 AGENDA SECTION: New Bushless I ITEM NO: 12. d. TO: Honorable Mayor and City Council APPROVED FROM: Raul Rojas, Public Works Director DEPARTMENT H~,D DATE: October 3, 1995 CITYATI'ORNEY //,, SUBJECT: An Ordinance Adding Sections 13.04.021, 13.04.022 and 13.04.023 to the Bakersfield Municipal Code Relating to Maintenance Districts. (All Wards) RECOMMENDATION: Staff recommends First Reading of Ordinance and refer to Committee. BACKGROUND: The City Council approved the Consolidated Maintenance District on June 29, 1994. Although the formation of the Consolidated Maintenance District required no changes to the Maintenance District Ordinance, staff is recommending that some clarifications be made to the existing ordinance. This ordinance adds three sections to the City's maintenance district law (BMC Chap. 13.04). It codifies and clarifies existing City policy concerning application for and formation of maintenance districts. Specifically, this ordinance provides that it is City policy that all new developments that benefit from landscaping or public parks will be included within a maintenance district. At the time of application for a tentative map or parcel map waiver, developers shall be required to request formation of a maintenance district and shall pay all costs associated with formation (including preparation of the Maintenance District Boundary Map, recordation thereof, and related staff time). In the past, developers have not started the formation process until just before recording their map. Because the formation of a maintenance district requires public notice and heating, the recordation of the final map can be held up for two to three months. These changes will help prevent delays to the development process by having the district formation process and the map review process occur simultaneously. This ordinance also provides that the City Council on or about July 1 of each year may, at its .discretion, merge the maintenance districts formed during the fiscal year with the existing Consolidated Maintenance District. P:.LADMII~OC11MS.NB mps October 3, 1995. 3:$1pm ORDIN~CE NO. AN ORDINANCE ADDINO SECTIONS 13.04.021, 13.04.022 AND 13.04.023 TO THE BAKERSFIELD MUNICIPAL CODE ~ELATING TO MAINTENANCE DISTRICTS. BE IT ORDAINED by the Council of the City of Bakersfield as follows: SECTION 1. Section 13.04.021 is hereby added to the Bakersfield Municipal Code to read as follows: 13.04.021 Policy. It is the policy of the City of Bakersfield to include within a maintenance district all new developments that are subject to the Subdivision Map Act and that benefit from landscaping in the public right-of-way and/or public parks. Nothing shall preclude the City from requesting formation of a maintenance district as a condition of a zone change or general plan amendment where deemed necessary by the City. SECTION 2. Section 13.04.022 is hereby added to the Bakersfield Municipal Code to read as follows: 13.04.022 Application Process. A. No final map or certificate of compliance for a parcel map waiver may be recorded absent establishment of a maintenance district to provide for all future maintenance of any landscaping in the public right-of-way and of any public park required as a condition of approval of the development project for the area covered by the final map or parcel map waiver. B. In order to implement the provisions of subdivision A herein, all developers shall request the formation of such a maintenance district at the time of application for a tentative map or parcel map waiver. C. At the time of request of formation of a maintenance district, all costs associated with the formation of the district shall be paid in accordance with the provisions of Section 13.04.075 herein. - Page 1 of 3 Pages - D. On or about July 1st of each year, any maintenance districts formed during the preceding fiscal year may be merged, at the discretion of the City Council, with the existing metro-wide Consolidated Maintenance District. SECTION 3. Section 13.04.023 is hereby added to the Bakersfield Municipal COde to read as follows: Section 13.0&.023. Payment of Assessments. A. Maintenance assessments for newly-formed maintenance districts are calculated from the time the landscaping and/or public park is accepted by the City for maintenance purposes. B. Levy of the annual maintenance assessment shall occur on or before July 1st of each year. SECTION 4. This Ordinance shall be posted in accordance with provisions of the Bakersfield Municipal Code and shall become effective thirty (30) days from and after the date of its passage. ooo - Page 2 of 3 Pages - B A K E R S F I E L D ~ ,. Alan T M~ . Irma Carson, Chair Staff: J~fl~nlW. StinsOh/ Mark Salvaggio Jacquie Sullivan AGENDA SUMMARY REPORT COMMUNITY SERVICES COMMITTEE Tuesday, August 8, 1995 4:15 p.m. City Manager's Conference Room City Hall 1501 Truxtun Avenue, Suite 201 Bakersfield, CA 93301 1. ROLL CALL The meeting was called to order at 4:23 p.m. Members present: Councilmember Irma Carson, Chair; Councilmember Mark Salvaggio; and Councilmember Jacquie Sullivan 2. APPROVAL OF MAY 9, 1995 MINUTES Approved as submitted. 3. PRESENTATIONS None. 4. PUBLIC STATEMENTS None. 5. DEFERRED BUSINESS None. AGENDA SUMMARY REPORT Community Services Committee August 8, 1995 Page -2- 6. NEW BUSINESS A. NATIVE AMERICAN NAME DESIGNATIONS ON THE KERN RIVER PARKWAY Frank Fabbri gave a brief overview of this item which was referred by the City Council at its July 19, 1995 meeting. Mr. Alan Salazar, Vice President of the Native American Heritage Preservation Council of Kern County, made a bdef presentation to the Committee regarding the importance of Native American place names for use on the Parkway. Mr. Rich O'Neil indicated that the Kern River Parkway Foundation supported the concept of an American Indian Native place name theme for use on the Kern River Parkway to identify specific areas within the Parkway. The Committee was supportive of the request and directed staff to meet with representatives from the Native American Heritage Preservation Council and the Kern River Parkway Foundation to develop a more specific plan identifying the areas to be named and to develop the type of signage to be used. The Native American place name theme will also be reviewed by the Citizens' Community Services Advisory Committee to gain their input. Staff will bdng back a recommendation to the next Community Services Committee meeting. 7. ADJOURNMENT - The meeting was adjourned at 4:50 p.m. City staff in attendance: John W. Stinson, Assistant City Manager; Judy Skousen, City Attorney; Lee Andersen, Community Services Manager; Frank Fabbri, Parks Superintendent; and Florn Core, Water Resources Director. Others: Alan Salazar, Vice President Native American Heritage Preservation Council of' Kern County; Rich O'Neil, Kern River Parkway Foundation; and Channel 23 TV. JWS:jp · MEMORANDUM November 14, 1995 TOs COMMUNXTY SKRVICES COMMITTEE FROM: JUDY K. SKOUSEN, City Attorney SUBJECT: APPOINTMENT TO' THE CITIZENS' COMMUNITY SERVICES ADVISORY COMMITTEE As you are aware, the recent change in ward boundaries affected the residence qualifications of Citizens' Community ServiCes Advisory Committee members Goldsmith, Schroeder, and Russell. Please refer to the attached Legal Opinion, previously circulated, for specific details. In summary, the following chart illustrates the composition of CCSAC before and after the ward boundary change: COUNCIL- TERM CCSAC MEM. CCSAC MEM. WARD MEMBER EXPIRES BEFORE AFTER 1 Carson 1998 Spencer Spencer 2 Demond 1996 Murray Murray 3 Smith 1998 Lamb Lamb 4 McDermott 1998 Goldsmith Vacant Valenzuela 5 Rowles 1996 Schroeder Valenzuela Madden 6 Sullivan 1996 Russell Madden 7 Salvaggio 1998 Greenwood Greenwood At this point, the City Council has two options. First, to pass an ordinance deleting the ward residency requirement in its entirety; or second, to pass an ordinance providing that a CCSAC member's term of office will not expire upon a ward boundary change. In such a case, a CCSAC member's new ward assignment (for purposes of appointment to CCSAC only) will take effect at the expiration of his nominating councilmember's term. THIS MEMORANDUM IS EXEMPT FROM DISCLOSURE AND IS PROTECTED BY THE ATTORNEY-CLIENT AND ATTORNEY WORK-PRODUCT PRIVILEGE Memorandum to Community Services Committee Re= Appointment to Citizens' Community Services Adviso~f Committee Novelber 14, 1995 Page 2 At the last City Council meeting, Councilmember McDermott requested that the Community Services Committee review Ordinance 3601 and delete the requirement that a Councilmember must nominate a committee member from his or her respective ward. A draft ordinance is attached for your consideration and discussion. The previous-ordinance (No. 3601) is attached as an exhibit to the Legal Opinion. Although the City Council is not bound by historical preference, a view of legislative history shows that past ordinances relating to the Convention Center and the Parks and Recreation committees (which merged in 1994 to form CCSAC) required that committee members reside in the same ward as his or her respective nominating councilmember. GG/meg Attachments cc: John Stinson, Assistant City Manager Leland Andersen, Community Services Manager C,G-CO R R95- I/ASSIGNICC~AC.2. MEM AN ORDINANCE AMENDING MUNICIPAL CODE CHAPTER 2.60 RELATING TO "CITIZENS' COMMUNXTY SERVICES ADVISORY COMMITTEE." BE IT ORDAINED by the Council of the City of Bakersfield as follows: SECTION 1. This Ordinance amends Chapter 2.60 of the Bakersfield Municipal Code to read as follows: CHAPTER 2.60 CITIZENS' COMMUNITY SERVICES ADVISORY COMMITTEE Sections: 2.60.010 Creation. 2.60.020 Appointment of members. 2.60.030 Terms of office. 2.60.040 Residence qualification. 2.60.050 Duties. 2.60.010 Creation. The city council hereby affirms and acknowledges the existence of a seven-member "Citizens' Community Services Advisory Committee" (CCSAC). 2.60.020 Appointment of members. Each councilmember shall nominate a resident from the City of Bakersfield to the Citizens' Community Services Advisory Committee who may then be appointed by majority vote the city council and serve at their pleasure. It is not necessary for a councilmember to nominate a resident from his or her ward. 2.60.030 Terms of office. A committee member's term of office shall run concurrent with the term of his or her nominating councilmember. 2.60.040 Res£dence qualif£cat£on. A member's term of office expires upon the expiration, resignation, or departure of his or her nominating councilmember. A new committee member shall be nominated by the new councilmember and appointed by the city council. 2.60.050 Duties. The Citizens' Community Services Advisory Committee shall accept input from community groups and interests and advise the city council as to policies for the convention center, city parks, and city recreation services. The committee shall have no other authority. SECTION 2. This Ordinance shall be posted in accordance with the Bakersfield Municipal Code and becomes effective 30 days from and after the date of its passage. 000 - 2 - I HEREBY CERTIFY that the foregoing Ordinance was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on , by the following vote: CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED BOB PRICE MAYOR of the City of Bakersfield APPROVED as to form: JUDY K. SKOUSEN City Attorney By: VIRGINIA GENNARO Deputy City Attorney GG/meg ORD95-2\Crr~ENS.ADV November 14, 1995 - 3 - .,~ JUDY K. SKOUSL-N cn'Y A'I'TO~ CITY ATTORNEY OPINION Ot~n~ ~vo. 95-24 ~ITY OF BAKERSFIELD 1501 Truxtun Avenue City Attorney's Office Bakersfield, CA 93301 (805) 326-3721 November 6, 1995 TO: HONORABLE I~tZOR A]ID ClT! COUIICILI~]4BEI~ tROW: ,;uoz K. SKOUSEM, C:Lt~ Attorne]r y~ xssus: CZTXZESS' COmCUSXT ssavxcss ADVXSORZ COm(XTTSE In 1994, the City Council created a seven-member Citizens' Community Services Advisory Committee ('CCSAC'). This committee was the result of the merger of the Citizens' Park and Recreation and Convention Center committees. The following chart illustrates the composition of the CCSAC before the recent change in ward boundaries: COUNCXL- TERM CCS~C WARD MEMBER EXPIRES MEMBER 1 Carson 1998- Spencer 2 Demond 1996 Murray 3 Smith 1998 Lamb 4 McDermott 1998 Goldsmith Valenzuela 5 Rowles 1996 Schroeder Madden 6 Sullivan 1996 Russell 7 Salvaggio 1998 Greenwood As per Ordinance No. 3601, (attached hereto), the first members of the CCSAC were the same members of the merged committees mentioned above. Therefore, the initial board of CCSAC had two members from the same ward, specifically, Ward 5 and Ward 6. However, the Ordinance anticipated this situation. Since the term of a committee member's office runs concurrent with his or her nominating Councilmember, a committee member's term of -office expires upon the expiration of his or her respective nominating Councilmember's term. Thus, double ward representation was CITY OF BAKERSFIELD, CITY A~'FORNEY OPINION NO. 95-2A ~ue:. Citizem' Commuaity Serviees Advisory Com~ expected to 'correct itself' over time with the expiration of Councilmember terms. Newly elected Councilmembers will simply nominate one committee member from their respective Ward to sit on the CCSAC. Due to the recent ward boundary changes, Committee members Goldsmith_, Schroeder, and Russell no longer live in the Wards in which they resided at the time of their respective appointments. Namely, Mr. Goldsmith now resides in Ward 5, Hr. Schroeder in Ward 4 and Mr. Russell in Ward 7. Ordinance No. 3601 states: "2.60.0&0 Residence Qualification. A member's term of office expire8 if he or 8he no longer resides in the ward in which he or she resided at appointment. The councilmember for that ward shall then nominate a re8ident from his or her ward who may then be appointed by the city council to serve out his term.' Therefore, the term of office for Committee members Goldsmith, Schroeder, and Russell expire when the new ward boundaries are official, or, November 10, 1995. This will leave only Ward 4 with a vacancy which Councilmember McDe_rmott can fill pursuant to Section 2.60.040. GG/meg cc: Alan Tand¥, City Manager w/attachment Ginny Gennaro, Deputy City Attorney w/attachment Gall Waiters w/attachment Leland Andersen w/attachment Greg Cronk w/attachment Carol Williams w/attachment Attorney Opinion File LicI:~OPUqIoNg'J-I~.~ t z/.E3qS.Ct3Jd BE I7 ORDAINED by' the Council o! the City' o! Bakersfie. l.d as ~ol. lovs: SECTXOI 1, This Ordinance amends Chapter 2,60 (ent£tled "D£v£sion Recreation") of the Bakersfield Municipal Code to read as follows: CKAP~ER 2.S0 CZTZSKNS' COJOqUMZTT SERVZCES ADVZSOR! COIqNZTTBB SoctLons: 2.6o.oxo Creation - First comm~ttoo members. 2.60.020 XppoLutmont of members. 2,60,030 Terms of office. 2.60.040 Res£deuce 2.60.050 Duties. 2.60.0X0 at - t ommitteo me , The City Council hereby creates a seven-member -c£t£zens' Comunity Services Advisory Com~ltteo," The first members of the CitiZens. Comnun£ty Services Advisory Committee vii1 be the persons who, es of the effective are members of the C£tizens' Parks and date of.this ordinance, Recreatxon ¢omittee and members of the Convention C~nter ._ committee. If one of the two ~enumer8 trom a 8lngAe va~u AeaV~U the committee, the city council v£11 not appo£dt a replacement member from that ward. Should a member leave the committee, so that a ward is not represented on the committee, the councilmember for that yard shall nominate a res~den~ of tha~ ward. The c£k¥ council may thereafter appoint that person to the comm£ttee. 3.~0.020 Appolntmenh of members. ~&ch counc£1member shell nominate a resident from his or her ward who may then be appo£n~ed by the city council and serve at the pleasure of the c£ty council. 3.60.030 Terns of 9ffic~. The term of office shall run with the tern of the nominating counc£1member. 2.60.0~0 ~ssidsncs qualifica~iOq, A member's ~ern of office expires if he or she no longer resides in the ward in which he or she resided at appointment. The councilmember for that ward shall then nominate a res£dent from his or her ward who may then be appointed by the c£ty council to serve out the term. 2.60.050 The Citizens' Community Services Advisory Comm£ttee shall accept input from community gropps and in}erests and a~vise the c£ty council as to policies for the 'convention center~ city parks, and city recreation services. Tho counittee shall have no other authority. SKCTIOI 3. This Ordinance repeals Section 2.52.020 the Bakersfield Municipal Code, entitled "Conven~£on Center Committee - Creation Dut£el ' SECTIOII 3. This Ordinance shall be posted in accordance with the Bakersfield Nunicipal Code and becomes effective 30 days from and after the date of its passage. ......... -o0o C I Ill:Il;BI Cl:Itl~IIr! t'.hat the forecjo£ncJ Ordinance was passed and adop~'.ed by the Council of_the ¢i~'.¥ of Bakersfield at'. a reqular meetJ, n9 thereof held on A~Jli I t ~ _, by ~he follow,hq vo~e: ~T~: ~~ ~ AppltOVED APPROVED as to for~: Ass£st&n~ City Attorney city o.f Bakersfield Jl:)C/meg Id~ I i ~-'iTIZ.E24S. I'IC'W D ¥ -COld I .OlD ~. AFFIDAVIT OF POSTING DOCUMENTS STATE OF CALIFORNIA} } ss. County of Kern } CAROL WILLIAMS, being duly sworn, deposes and says: That she is the duly appointed, acting and qualified City Clerk of the City of Bakersfield~ and that on the 30th day of August, 1994 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Ordinance No. 3601, passed by the Bakersfield City Council at a meeting held on the 24th day of August, 1994, and entitled: AN ORDINANCE RELATING TO CONVENTION CENTER AND PARKS AND RECREATION C(X4MITTEES, AMENDING MUNICIPAL CODE CHAPTER 2.60, I~PL~LING SL"flON 2.52.020, AND CREATING A "CITIZENS' CONNUNITY SERVICES ADVISORY CONMITfEE." /s/ CAROL WILLIAMS City Clerk of the City of Bakersfield DEPUTY City Clerk