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Home My WebLink About2005 Legislation and Litigation Committee Item Referred By Date Referred Status Restaurant Grading Couch 1/1/2005 Last discussed on Aug. 29th. County is considering changes to ord. Bring back in '06 Annexation Policy Tandy 6/13/2005 B. Fowler has elec. Copies of policy. Will pro- ~,.,.,,~ c,~,-~I~ vide their changes back. Bring back in Feb. Permanent Parade Routes Couch 9/30/2005 PD is to report back on ordinance change Feb. or March? Vehicle Stereo Noise Scrivner 12/15/2005 To committee in Jan '06 Reapportionment Scrivner 10/13/2005 To committee in Jan '06 Council Compensation-AB 1234 Gennaro 1/11/2005 To committee in Feb '06 Legislative Platform Christensen 5/1/2006 Comes annually in April or May Roadside Memorials Benham '1/25/2006 To committee in Feb '06 IGR Elimination Carson 1/25/2006 To committee in Feb '06 City Council Compensation-AB 1234 General 1/11/2006 To committee in Feb '06 1/30/20064:16 PM S:~C\06 Legislative&Litigation\Item Tracking.xls Page 1: From: "Zack Scrivner" <zscrivner@libertystar. net> To: "'Jean Parks'" <Jparks@bakersfieldcity. us> Date: 12/10/2005 4:23:32 PM Subject: RE: Tuesdays Tuesdays at 1 pm is good. Thanks ..... Original Message ..... From: Jean Parks [mailto:Jparks@bakersfieldcity. us] Sent: Wednesday, December 07, 2005 3:02 PM To: zscrivner @ libertystar.net Subject: Tuesdays Zack We are working on a 2006 draft Legislative and Litigation Committee calendar for your review. We do have a meeting confirmed for January 5th at 1:00 p.m. Are Tuesdays good days for you to meet for Legislative and Litigation? I don't know about David. If Tuesdays are good for you, will check with David. David can't do Wednesdays. Sue can meet on Mondays, Tuesdays, and some Thursdays. Please let me know what your preferred days of the week are. Sue cannot meet very well before 1:00 p.m. Thanks Jean From: Alan Christensen To: Jean Parks Date: 11/2/2005 10:26:18 AM Subject: Fwd: Re: leg & lit meeting in Nov. Zack is OK with no December, so let's wait until January for next meeting. >>> <zscrivner@libertystar.net> 11/02/05 8:41 AM >>> if something comes up besides the reapportionment then we can do Dec. Otherwise, Jan is ok w me. ..... Original Message ..... From: "Alan Ch ristensen" <ach riste @ bakersfieldcity, us> Subj: leg & lit meeting in Nov. Date: Wed Nov 2, 2005 8:09 am Size: 275 bytes To: <zscrivner@ libertystar, net> I thought that we had a leg & Lit meeting in Dec., but nothing is scheduled. If you'd like to set one leg me know some dates and we'll set one. In December we have scheduled: Budget & Fin. Dec 5th at 10 am Planning & Dev. Dec. 12th at I pm Personnel Dec. 14th at 11 am CC: Alan Tandy Page 1 ~ From: Alan Christensen To: Jean Parks Date: 10/7/2005 1:53:56 PM Subject: leg & Lit committee items 1. Specific Parade routes-Couch (new) , 2. Fireworks task force-scrivner (new) 3. Annexation Policy-Couch (revisited) Now that I look at the list I'm sure that Zack will want to go forward unles he's got a conflict. Please check with all anyway. Please Help!! !' We live at 3128 Fortune, and ns most of you know, our house wns burned down due to the irresponsible use of illegal fireworks. Many of you were there for us, offering, help and comfort in our time of need. For this we thank you with all ourhearts. Now we need a little more help. We need more eye witness's to come forward to help us prosecute those who are responsible. Anyone who saw the people firing the illegal fireworks in the air that night in the vicinity of the corner of Derrick and Tomlinson, please contact us. Any information will help the case. ,. Our family was almost torn apart from this careless act. Family heirlooms are lost. Pictures destroyed. Loved ones almost lost. If you have any information, Please call us at our off]ce: 863'0158 If we don't answer, please leave a message. Jul. OG ~05 09:30PM Pi 200,5 JUL - !0:3 BA~E, RSi--tELD ciTY CiERK .._. I Suly 6, Z~k ~' Co~¢flmem~-W~d 7 ~sfield, C~o~a I ho~ ~s finds you well and t~j~ ~ the pur~h. Ifil ~o ismes ~ to ~ ~~: B) It is my understanding thc vity prohibits ~'rtain fireworks but they can be purchased ~t county shops or imported and fired offin the ~ity at the risk of a substantial fine, We ~eneed a ~e against the wall facing Wible caused by one of the banned fireworks. Although the fire departme~ was called, nobody responded (The Califomiafl will be printing my letter to them) and, at, er two rails asking where someone would be showing up, I was told they probably would not. My neighbor Martin ami I put the fire out with garden hoses but, had the barrier been a wood fence common in Bakersfield instead ora block wall, the damage would haw been extensive. Here's the problem that needs to be addres.~: tim fire department, not the police, has the power .to levy the fine. Ii'they don't show up to see the firC'Works residue to determine the legal standing, no fine can be assessed. There were at least 3 households involved in firing off the Continual barrage (sounded like Vietnam to me) and a crowd of?O or so. They were still fhing thom off at 11:30 p.m. that makes me wonder how no fireman noticed this since the local station is close by on Akers. My suggestion is one that will not mice many happy (except those Who lose a home to fire) is to limit AI'.I. fireworks to the "safe and sane" kind and turn thc fining action over to the police with half the assessed fee reimbursing this department for their "oxtra" work. Your thoughts? Michael PUBLIC STATEMENTS SPEAKER'S CARD Leqislative and Litiqation Committee of the City Council Committee Meeting Date You are invited to address the Commi~ee under Public Statements on any subject that is listed on the Commi~ee Agenda. Public statements are limited to three (3) minutes per speaker. The Commiffee may, by simple majoH~ vote, waive the time limit. No action will be taken; this CommiEee gathers info,etlon and repo~s back to the Ci~ Council. Please fill out a Speaker's Card and present it to the Commi~ee Chair: Councilmember Zack Scrivner Name: Company/ Organization: . . Addre~: Phone: ~Z ~ Z~ F~e-mail: Subject: PUBLIC STATEMENTS SPEAKER'S CARD Leqislative and Litiqation Committee of the City Council Committee Meeting Date ~'~["0 ~ You are invited to address the Committee under Public Statements on any subject that is listed on the Committee Agenda. Public statements are limited to three (3) minutes per speaker. The Committee may, by simple majority vote, waive the time limit. No action will be taken; this Committee gathers information and reports back to the City Council. Please fill out a Speaker's Card and present it to the Committee Chair: Councilmember Zack Scrivner Organization: _ Address: ~'~O0 ~'~/[~ ~'~"{' ' ~'~'[~ q.~}~) Phone: ~ [' '~' ~ ~"~ O~ Fax/e-mail: MEMORANDUM CITY ATTORNEY'S OFFICE August 24, 2005 TO: LEGISLATIVE AND LITIGATION COMMITTEE ZACK SCRIVNER, CHAIR SUE BENHAM, MEMBER DAVID COUCH, MEMBER SUBJECT: LETTER GRADING Enclosed for. the Committee's review is a response to a previous referral by Councilman Couch on the above subject and a letter dated April 19, 2005 from County staff to the Board of Supervisors on the same issue. Steve McCalley has been invited to Leg and Lit in case we have any questions on how the City can convert the current system. VG:lsc Enclosures cc: Honorable Mayor and City Council Alan Tandy, City Manager S:\COUNClL~MEMOS\04-05 Memos~eg&Lit. LetterGrading.doc MEMORANDUM CITY ATTORNEY'S OFFICE May 5, 2005 TO: ALAN TANDY, CITY MANAGER FROM: VIRGINIA GENNARO, CITY ATTORNEY SUBJECT: GRADING sYSTEM FOR RESTAURANTS COUNCIL REFERRAL NO. 001113 Councilmember Couch requested staff to investigate the feasibility of implementing a grading system for restaurants in the City. City ordinance 8.04 abolished both the City Department of Public Health and Sanitation and the City office of "Health Officer." The ordinance transferred all health functions, powers and duties, including the health inspections of City restaurants, to the County Health Department and Health Officer. Currently the County Health Department inspects and enforces State health regulations in the City. State health regulations do not compel a letter grade for restaurants but permit local jurisdictions to create such grading systems and compel displaying those grades. The County recently considered and rejected adopting a "restaurant grading" ordinance. At present, state law compels the results of county inspections to be made available to a customer on demand. Through the Public Records Act, The Bakersfield Californian periodically publishes the results of county restaurant inspections. In order for the City to compel a grading system among City restaurants, it must agree with the County to develop a conversion system of inspection results into letter grades. The Council may also want to consider adopting an ordinance to provide authority over City restaurants to "display" the grade determined by the County Health Department. This matter is being referred to the Legislation & Litigation Committee for further study. VG/AMS:Isc cc'. Honorable Mayor and city Council S :\COU N CIL~Referrals\04-05 Referrals\Couch~RestaurantGrading.doc ~p. 2S OS I0:34a Superviso. p Michael Rubio 6~1 8G8 '3G4S p.~ '4VI RONMENTAL HEALTH SE RVICES DEPARTMENT RESOURCE ~NAGEMENTAGENCY. IF ~c~LL~, .R.E.H.S., Director ~ DAVID pRICE II!, ~A DIRE~O~ 00 '.M' STREW, S~ITE 300 ~ Communi~' ~ed Economic ~ve~pmer.: KERSFIELO, ~ D3~01-2370 E~s.n~rin~ & Su~-e~. Senlces ~rtn~ent rice: C6S1~ B62-8700 En~iro~men~l Hea~:h. Sen, ices ~pa~ment ,~: (66~ ~ 862~r01 P:an~in~ ~ent ~' Relay: {800) 733-~929 RoaEs ~ment Ap~l 19,.~005 Board of Supen'isors County of Kern 111 $ Truxtun Avenue Bakersfield CA 93301 LETTER "GR.ADING SYSTEM" FOR. FOOD ESTA.BLISHNI'ENTS Fiscal Impact: None This terror is present, ed in response to a request from Supervisor RUbio and an interest expressed by many in the community that the Environmental Health Services Department .(EHSD) implement a letter "Grading System" for res~.aurants. As your Board is aware, the Depa~ment provides a multitude of ser~'ices related to the protection of public health and safety tl~a-oughout Kern Count),. Speci~ca!ly, he Food and Consumer Protection Program permits and inspects food facilities that sell or distribute food on the retail level. These'faci'~ifies are regulated to ensure the protection of the food supply within Kern County mad compliance with the California Uniform Retail Food FaciEties Laxv. To assist in understanding this issue, a bit ofback~ound is offered On our current Practices. To allow for the most etTective allocation.of resources, food facilities are assessed individualty and ranked accerding to risk factors developed by the Center for Disease Control and Prevention. These risk factors include conditions that are most often implicated in foodbome illness outbreaks in the United States. Gen. eraJly, facilities that handle and prepare food in mult;.ple steps and sen'e large populations have a higher r~sk rating than facilities that serve limited, prepackaged foods only. Therefore, these high risk facilities are dedicated a disproportionate amount of our resources and are inspected more oRen than lower risk facilities. ' ' Utilizing this risk based approach, in.calendar year 200z, 3,815 routine inspecti2ns were conducted on 2,702 rood'facilities wi.~.in Kern County. ~ addition. '689 temoorarv food facilities were inspected, 597 mobile fo°d facilities were Permitted and ~'nsoected and 3'~1 new food establislu'nents were opened. AltLough most eating establishments performed Well dufing each inspection,, staff documented over S,319 violations and' responded to 1,209 compla:.nts regarding food safety issues. 9p~ 25 05 10:34a Supervisor Michael Rubio BG1 868 3645 p.3 Board o f S upe~-'isors Page 2 April 19, 2005 During each inspection facilities are assessed and evaluated for compliance with state law to ensure safe food handling practices. Inspections are unan.nounced and' occur at various times to asce~ain compliance of the.full operation. Areas of concern that are directly linked to foodbome illness' (critical violations) are addressed at the be~rming of'the inspection and are more heavily weighted than non-critical violations. If the inspection reveals the presence of cdtica! violations that pose an immediate risk to food safety, the facility is immediately closed until the operator is able to demonstrate compliance. All correspondence, inspection reports, and corrective actions· are maintained within the Department and are made available to the public for review. Beginning in 1999, ~he Bakersfield Californian also began publishing inspection results on a regular basis. In addition, starting in 2001 state legislation was passed which required all food facilities to retain a copy of their most recent inspection for public review and post notification of the availability of the report should customers desire to review. Restaurant "Grading Systems" 'although somewhat new to California' have 'been used successfully within Los Angeles Cou.n~/or seven years and have'yielded some ~eoX, Citing results. A recently published Study conclude~J~Los Anteles Coun~ experienced a 13 ~A_ decrease in illnesseer~sociated with the consumption of con.zaxninated food since implementing the grading progrm~,~E~arl¥ data su~.~ests the ~adi.n.~. pro,~m'am ine~'.~sed ::mp!ianc_e' improved inspection ; scores and ififluenced consumers' restaurant choices. In fact the study found the percentage of ~sta ,urants that scored below 70% on inspections h~ declined from 25% to about 2%. onat>ormixe efforts r~etween food facility operators and the food program sfaff continues to~ ensure the protection of the food supply and the ability to access our inspection repons in a number of locations and formats helps to educate and ease consumer concerns about food safety. HoWever, to further assist the' public in ·making informed decisions and to provide another mechanism to encourage compliance from restaurant operators we would like to seek the Board's guidance on implementing a letter "Grading System". We have reviewed several programs in other areas of California to determine a proven method for a "Grading System''. A. suggested program would translate inspection results into.numeric scores and food facilities would be assi~ned an overall performance grade (i.e., A, B or C). Facilities would also be required to post the let:er grade wi'~,/n a public viewable area until the next inspection was completed. T° require po·sting of grades within the unincorporated area of the county,· the Ordinance Code would need to be amended. In addition, each incorporated' city, within Kern County, would need to adopt the county ordnance or similar langUage to allow · EHSD staff to post grades within their ciLv since our insPect[on program is performed under the auspices of state law. Apr 2S OS 10:34a Supervisor Michael Rubio BB1 BS8 3B4S p.4 Board of Supervisors Page 3 April 19, 2005 To develop an accepted program and assure its success, it would be our intent to work closely with interested groups in the.development of' finis grading system. Input from local busir, ess associations, local Chambers of Corn~_ erce and food facility operators would be welcomed and needed to assist in the development of the pro~arn. New policies, procedures and training woUld be needed tO address issues such as the weight of each violation, the process and ability of the operator to correct, and the re-grade procedure for poor performing facilities. A dispute resolution protocol would need to be established as a few violations points may have a direct economic effect. Although there could be substantial staff time and costs associated with the development ~.".d implementation of a "Grading System'.' and outreach will be needed to educate operators and the public, the cost to maintain the program is expected to be minimal. It is our 'intent to utilize current budget resources and existing staff to develOp this program as there will be numerous startup costs associated with this change. PenT. it fees will be adjusted in future years to reflect 'development and ongoing costs of the program. It should be noted that once the program is ' operational the costs should, be insignificant. ' It is important to note, restaurant grading is one additional element to a comprehensive and successi~al pro.am that provides additiOnal information and incentives to the protection of fne' food supply. Due to the sensitive nature of this proPOsal and the change in policy we are seeking the Bond's guidance to develop a comprehensive proposal and ordinance revision. Therefore, IT IS RECOMaMENDED, that your Board consider the matter of a letter "Grading System" for food establishments and provide staff with direction. SMc:jg cc: County Administrative Office' Resource Management Agency From: <zscrivner@ libertystar.net> To: "Jean Parks" <Jparks@bakersfieldcity. us> Date: 7/7/2005 1:26:20 PM Subject: Re: Legislative and Litigation Committee Meeting Yes, please send out the cancellation notice. ..... Original Message ..... From: "Jean Parks" <Jparks@bakersfieldcity. us> Subj: Legislative and Litigation Committee Meeting Date: Thu Jul 7, 2005 11:00 am Size: 512 bytes To: <zscrivner@libertystar.net> There are no agenda items that are ready to come back to the Committee meeting next Monday, July 11th. Alan Christensen asked me to check with you before canceling. Also, at the last Committee meeting the August 8th meeting was to be canceled and reset to August29th due to Sue's vacation. Please let me know if it is okay to send out the cancellation notice. Thank you. ADMINISTRATIVE REPORT TO: Honorable Mayor and City Council APPROVED FROM: Alan Christensen, Assistant City Manager DEPARTMENT HEAD /~ DATE: June 20, 2005 CITY ATTORNEY CITY MANAGER SUBJECT: 2005 Legislative Platform RECOMMENDATION: Legislative and Litigation Committee recommends approval. BACKGROUND: Current legislative concerns are captured in the City's Legislative Platform, which identifies the City's legislative priorities for the year. This allows the City to focus its limited resources on areas of greatest concern. It also provides a basis for quick response by City legislative advocates and departments to legislative issues that arise. Each year the Legislative Platform is reviewed to see if it reflects current needs'. The Legislative and Litigation Committee met on June 13, 2005 to review the 2005 Platform for possible changes. The Committee recommended two paragraphs under General Government with obsolete language regarding legislation on the 2004 ballot be deleted. It was noted if new legislative issues should emerge during the year, the Platform could be updated to reflect current trends. With the proposed change, the Committee feels the Platform reflects the City's current legislative concerns. Therefore, the Legislative and Litigation Committee respectfully requests that Council accept the proposed 2005 Legislative Platform. June 20, 2005, 8:55AM S:~AC\05 Legislative&LitigationV~,DM05July06LegislativePlatform.doc CITY OF BAKERSFIELD (PROPOSED) 2005 LEGISLATIVE PLATFORM THE CITY OF BAKERSFIELD PROVIDES GOVERNMENTAL DECISION MAKING AT THE LEVEL CLOSEST TO THE PEOPLE. THEREFORE, IT IS INCUMBENT UPON ITS ELECTED OFFICIALS TO PROVIDE LEGISLATIVE LEADERSHIP ON ISSUES WHICH POTENTIALLY COULD IMPACT THE CITY OF BAKERSFIELD. THE FOLLOWING POLICY STATEMENTS REFLECT THE LEGISLATIVE PLATFORM OF THE CITY OF BAKERSFIELD FOR 2004. . ' GENERAL POMCY STATEMENTS SUPPORT LEGISLATION WHICH ENHANCES THE CITY'S FISCAL AUTONOMY AND CHARTER CITY STATUS TO ALLOW DISCRETIONARY AUTHORITY OVER LOCAL, STATE AND/OR FEDERALLY MANDATED PROGRAMS. SUPPORT LEGISLATION WHICH 'PROVIDES FOR GOVERNMENTAL DECISION MAKING AT'THE LEVEL CLOSEST TO THE PEOPLE WHENEVER IT IS MOST LIKELY TO PRODUCE THE MOST EFFECTIVE AND EFFICIENT RESULT. SUPPORT LEGISLATION WHICH MAINTAINS AND/OR ENHANCES THE CITY'S LAND USE DECISION-MAKING AUTHORITY. SUPPORT LEGISLATION WHICH FOSTERS MUTUALLY ACCEPTABLE METHODS FOR CITIES AND COUNTIES AND OTHER PUBLIC AGENCIES TO WORK TOGETHER TO SOLVE ISSUES OF LOCAL CONCERN. SUPPORT LEGISLATION WHICH MAINTAINS THE PROVISION OF ESSENTIAL PUBLIC UTILITY SERVICES (E.G., ELECTRICITY, NATURAL GAS, WATER) IN A COST-EFFECTIVE MANNER. OPPOSE LEGISLATION WHICH ALLOWS STATE OR FEDERAL CONTROL OVER AND USE OF TRADITIONAL MUNICIPAL GOVERNMENT REVENUE SOURCES. OPPOSE LEGISLATION WHICH SHIFTS TO THE STATE OR FEDERAL GOVERNMENT CONTROL OVER TRADITIONAL MUNICIPAL AFFAIRS. OPPOSE LEGISLATION WHICH DETRIMENTALLY IMPACTS THE LOCAL ECONOMY. OPPOSE LEGISLATION THAT PLACES GOVERNMENT AGENCIES IN COMPETITION FOR LIMITED FISCAL RESOURCES OR ENCOURAGES SHIFTING OF SERVICE RESPONSIBILITY WITHOUT PROVIDING ADEQUATE FUNDING. Page 1 of 3- QUALITY OF LIFE ' SUPPORT LEGISLATION WHICH PROMOTES SAFE, EFFICIENT, COST EFFECTIVE, AND RESPONSIBLE MANAGEMENT OF THE ENVIRONMENTAL COMPONENTs OF ISSUES SUCH AS URBAN DEVELOPMENT, AIR QUALITY, WATER QUALITY, TRANSPORTATION, WASTEWATER TREATMENT, AND SOLID WASTE MANAGEMENT. SUPPORT LEGISLATION WHICH INCREASES CITY PARTICIPATION AND REPRESENTATION IN COUNTY, STATE AND FEDERAL ISSUES OF REGIONAL CONCERN. SUPPORT LEGISLATION WHICH PROVIDES INCREASED FUNDING OF CULTURAL, RECREATION AND OPEN SPACE PROGRAMS. SUPPORT LEGISLATION WHICH PROVIDES APPROPRIATE CITY OF BAKERSFIELD REPRESENTATION ON POLICY-MAKING BODIES WITH INTER JURISDICTIONAL POWERS (E.G., THE LOCAL AGENCY FORMATION COMMISSION, THE' COUNCIL OF GOVERNMENTS, AND THE KERN COUNTY WATER AGENCY'S IMPROVEMENT DISTRICT #4). SUPPORT LEGISLATION WHICH PROVIDES APPROPRIATE FUNDING MECHANISMS FOR THE PROVISION OF LOCAL PUBLIC SAFETY SERVICES. OPPOSE LEGISLATION WHICH INCREASES THE COST OF OR ENDANGERS THE CLEAN, RELIABLE SOURCE OF WATER AVAILABLE TO THE CITY FROM THE KERN RIVER. GENERAL GOVERNMENT SUPPORT LEGISLATION WHICH EXPANDS THE CITY'S ABILITY TO DEAL ON A STATE LEVEL WITH STATE-MANDATED ISSUES AFFECTING THE FINANCIAL CONDITION OF THE CITY. SUPPORT LEGISLATION WHICH ENHANCES MUNICIPAL CONTROL OVER PROGRAM SCOPE, IMPLEMENTATION, AND FUNDING. SUPPORT LEGISLATION WHICH PROVIDES FOR EQUITABLE DISTRIBUTION OF STATE FUNDS FOR CITY PROGRAMS. ~ .............. AMENDMENT TI ................. GOVERNMENT REVENUE~ , ...... ,,~,~,~ ...... CAPTURED DY .... ,,,~ STATE ~,.~ ......... ~,,.,,,~ T:,~'~ o ....,,. ..... ',0~:~/TO ACCESS ' .... ~ ............................. *"" FUND ~'~' NOT L:M:TED TO P~OPE~Z ~*~ VE',"~ ........ ~ ~*' ~ ,,~ .... ~,,~ FEES,~ TAX~ AND T~ANGPO~TAT:ON FUNDC. o .... CAPTU,~E EXCEPT ..... T: ........ ~¢;0 T: :',RDS VOTE ...... ~ ............... "".' .... ,-, ....... ,.., ............ VOTE;{ Page 2 of 3 SUPPORT LEGISLATION WHICH CONSOLIDATES SPECIAL DISTRICTS WITH OVERLAPPING JURISDICTIONS AND/OR RESPONSIBILITIES WHERE SUCH CONSOLIDATION IS CLEARLY OF BENEFIT TO THE CITY. OPPOSE LEGISLATION WHICH INTRUDES INTO THE CITY'S COLLECTIVE BARGAINING PROCESS AND RIGHTS. FINANCES SUPPORT LEGISLATION WHICH ADVOCATES RESPONSIBLE AND REASONABLE STATE- MANDATED PROGRAMS IF REVENUES RE PROVIDED AND SUCH LEGISLATION IS OF CLEAR BENEFIT TO THE CITY, SUPPORT LEGISLATION WHICH PROMOTES CONTINUED 'DIVERSIFICATION OF THE LOCAL ECONOMY, SUPPORT LEGISLATION WHICH REDUCES THE NEGATIVE FINANCIAL AND OPERATIONAL IMPACTS OF TAX INCREMENT FINANCING ON AFFECTED AGENCIES, SUPPORT LEGISLATION WHICH IMPROVES CITY GOVERNMENT'S ABILITY TO FINANCE DISCRETIONARY PROGRAMS, SUPPORT LEGISLATION WHICH *ENHANCES THE CITY'S ABILITY TO FUND ITS CAPITAL INFRASTRUCTURE NEEDS. SUPPORT LEGISLATION WHICH PROMOTES THE USE OF LOCAL BANKS WHERE POSSIBLE AND EOCAL BRANCHES OF NATIONAL BANKS AND FINANCIAL 'INSTITUTIONS FOR CITY INVESTMENT, OPPOSE THE IMPOSITION OF FEES AT THE MUNICIPAL LEVEL TO FUND STATE PROGRAMS NOT RELATED TO MUNICIPAL MA'I=I'ERS. Page 3 of 3 CITY OF BAKERSFIELD · 2005 LEGISLATIVE PLATFORM THE CITY OF BAKERSFIELD PROVIDES GOVERNMENTAL DECISION MAKING AT THE LEVEL CLOSEST TO THE PEOPLE. THEREFORE, IT IS INCUMBENT UPON ITS ELECTED OFFICIALS TO PROVIDE LEGISLATIVE LEADERSHIP ON ISSUES WHICH POTENTIALLY COULD IMPACT THE CITY OF BAKERSFIELD. THE FOLLOWING POLICY STATEMENTS REFLECT THE LEGISLATIVE PLATFORM OF THE CITY OF BAKERSFIELD FOR 2004. GENERAL POLICY STATEMENTS SUPPORT LEGISLATION WHICH ENHANCES THE CITY'S FISCAL AUTONOMY AND CHARTER CITY 'STATUS TO. ALLOW DISCRETIONARY AUTHORITY OVER LOCAL,~ STATE AND/OR FEDERALLY, MANDATED PROGRAMS. SUPPORT LEGISLATION WHICH PROVIDES FOR GOVERNMENTAL DECISION MAKING AT THE LEVEL CLOSEST TO THE PEOPLE WHENEVER IT IS MOST LIKELY TO PRODUCE THE MOST EFFECTIVE AND EFFICIENT RESULT. SUPPORT LEGISLATION WHICH MAINTAINS AND/OR ENHANCES THE CITY'S LAND USE DECISION-MAKING AUTHORITY. SUPPORT LEGISLATION WHICH FOSTERS MUTUALLY ACCEPTABLE METHODS FOR CITIES AND COUNTIES AND OTHER PUBLIC AGENCIES TO WORK TOGETHER TO SOLVE ISSUES OF LOCAL CONCERN. SUPPORT LEGISLATION WHICH MAINTAINS THE PROVISION OF ESSENTIAL PUBLIC UTILITY SERVICES (E.G., ELECTRICITY, NATURAL GAS, WATER) IN A COST-EFFECTIVE MANNER. OPPOSE LEGISLATION WHICH ALLOWS STATE OR FEDERAL CONTROL OVER AND USE OF TRADITIONAL MUNICIPAL GOVERNMENT i::IEVENUE SOURCES. OPPOSE LEGISLATION WHICH SHIFTS TO THE STATE OR FEDERAL GOVERNMENT CONTROL OVER TRADITIONAL MUNICIPAL AFFAIRS, OPPOSE LEGISLATION WHICH DETRIMENTALLY IMPACTS THE LOCAL ECONOMY. OPPOSE LEGISLATION THAT PLACES GOVERNMENT AGENCIES IN COMPETITION FOR LIMITED FISCAL RESOURCES OR ENCOURAGES SHIFTING OF SERVICE RESPONSIBILITY WITHOUT PROVIDING ADEQUATE FUNDING. Page 1 of 3 QUALITY OF LIFE SUPPORT LEGISLATION WHICH PROMOTES SAFE, EFFICIENT, COST EFFECTIVE, AND RESPONSIBLE MANAGEMENT OF THE ENVIRONMENTAL COMPONENTS OF ISSUES SUCH AS URBAN DEVELOPMENT, AIR QUALITY,. WATER QUALITY, TRANSPORTATION,· WASTEWATER TREATMENT, AND SOLID WASTE MANAGEMENT. SUPPORT LEGISLATION WHICH INCREASES CITY PARTICIPATION AND REPRESENTATION IN COUNTY, STATE AND FEDERAL ISSUES OF REGIONAL CONCERN. SUPPORT LEGISLATION WHICH PROVIDES INCREASED FUNDING OF CULTURAL, RECREATION AND OPEN SPACE PROGRAMS. SUPPORT LEGISLATION WHICH PROVIDES APPROPRIATE CITY OF BAKERSFIELD REPRESENTATION· ON POLICY-MAKING BODIES WITH. iNTERJURISDICTIONAL POWERS (E.G., THE LOCAL AGENCY FORMATION COMMISSION, THE COUNCIL OF GOVERNMENTS, AND THE KERN COUNTY WATER AGENCY'S IMPROVEMENT DISTRICT #4). SUPPORT LEGISLATION WHICH PROVIDES APPROPRIATE FUNDING MECHANISMS FOR THE PROVISION OF LOCAL PUBLIC SAFETY SERVICES. OPPOSE LEGISLATION WHICH INCREASES THE COST OF OR ENDANGERs THE CLEAN, RELIABLE SOURCE OF WATER AVAILABLE TO THE CITY FROM THE KERN RIVER. GENERAL GOVERNMENT SUPPORT LEGISLATION WHICH EXPANDS THE CITY'S ABILITY TO DEAL ON A STATE LEVEL WITH STATE-MANDATED ISSUES AFFECTING THE FINANCIAL CONDITION OF THE CITY. SUPPORT LEGISLATION WHICH ENHANCES MUNICIPAL CONTROL OVER PROGRAM SCOPE, IMPLEMENTATION, AND FUNDING. SUPPORT LEGISLATION WHICH PROVIDES FOR EQUITABLE DISTRIBUTION OF STATE FUNDS FOR CITY PROGRAMS. SUPPORT LEGISLATION WHICH CONSOLIDATES SPECIAL DISTRICTS WITH OVERLAPPING JURISDICTIONS AND/OR RESPONSIBILITIES WHERE SUCH CONSOLIDATION IS CLEARLY OF BENEFIT · TO THE CITY. OPPOSE LEGISLATION WHICH INTRUDES INTO THE CITY'S COLLECTIVE BARGAINING PROCESS AND RIGHTS. Page 2 of 3 FINANCES SUPPORT LEGISLATION WHICH ADVOCATES RESPONSIBLE AND REASONABLE STATE- MANDATED PROGRAMS IF REVENUES RE PROVIDED AND SUCH LEGISLATION IS OF CLEAR BENEFIT TO THE CITY. SUPPORT LEGISLATION WHICH PROMOTES CONTINUED DIVERSIFICATION OF THE LOCAL ECONOMY, SUPPORT LEGISLATION WHICH REDUCES THE NEGATIVE FINANCIAL AND OPERATIONAL IMPACTS OF TAX INCREMENT FINANCING ON AFFECTED AGENCIES. SUPPORT LEGISLATION WHICH IMPROVES CITY GOVERNMENT'S ABILITY TO FINANCE DISCRETIONARY PROGRAMS. SUPPORT LEGISLATION WHICH ENHANCES THE CITY'S ABILITY TO FUND ITS CAPITAL INFRASTRUCTURE NEEDS, SUPPORT LEGISLATION WHICH PROMOTES THE USE OF LOCAL BANKS WHERE POSSIBLE AND LOCAL BRANCHES OF NATIONAL BANKS AND FINANCIAL INSTITUTIONS FOR CITM INVESTMENT, OPPOSE THE IMPOSITION OF FEES AT THE MUNICIPAL LEVEL TO FUND STATE PROGRAMS NOT RELATED TO MUNICIPAL MA'I-I'ERS. Page 3 of 3 From: Alan Christensen To: Allen Shaw Date: 6/14/2005 4:57:27 PM Subject: Re: Leg and Lit Committee Agenda with this email I will have Jean put it on the agenda. >>> Allen Shaw 06/14/05 12:03 PM >>> Please advise how I get on the Leg and Lit agenda for August 29 the issue of Discussion regarding a restaurant letter grading system. I thought it was going to be on the June agenda but was not. The discussion is the followup from a referral from Councilman Couch. CC: Ginny Gennaro; Jean Parks stop our speeders From: Alan Christensen To.- Jean Parks Date: 6/6/2005 8:30:43 AM Subject: Re: Fwd: Re: FW: stop our speeders let's add this item back to Leg & Lit., please, thx. >>> Alan Tandy 06/06/05 8:02 AM >>> >>> <zscrivner@ libertystar, net> 6/3/05 5:54:00 PM >>> Let's refer this to Leg & Lit for next time. ..... Original Message ..... From: "Alan Tandy" <Atandy@ci.bakersfield.ca.u$> Subj: Fwd: Re: FW: stop our speeders Date: Wed Jun 1, 2005 4:34 pm Size: 2K To: <zscrivner@libertystar.net> >>> William Rector 6/1/05 4:11:27 PM >>> fyi >>> Tim Taylor 06/01/05 1:08 PM >>> We looked at the following CVC code when we were about to change the 72 hour limit a year or so ago. This law allows a local ordinance to restricts vehicles of certain size to within 100' feet of an intersection. Nothing can be found that talks about no parking "within" a certain number of feet of a driveway - you just can not block a driveway. The following CVC if made into an ordinance would be useful - it would all but eliminate RVs on city streets. Tim 22507. (a) Local authorities may, by ordinance or resolution, prohibit or restrict the stopping, parking, or standing of vehicles, including, but not limited to, vehicles that are six feet or more in height (including any load thereon) within 100 feet of any intersection, on certain streets or highways, or portions thereof, during all or certain hours of the day. The ordinance or resolution may include a designation of certain streets upon which preferential parking privileges are given to residents and merchants adjacent to the streets for their use and the use of their guests, under which the residents and merchants may be issued a permit or permits that exempt them from the prohibition or restriction of the ordinance or resolution. With the exception of alleys, the ordinance or resolution shall not apply until signs or markings giving adequate notice thereof have been placed. A local ordinance or resolution adopted pursuant to this section may contain provisions that are reasonable and necessary to ensure the effectiveness of a preferential parking program. >>> William Rector 06/01/05 11:22 AM >>> what's your opinion on this ? >>> Ginny Gennaro 06/01/05 9:40 AM >>> We would have to check with the PD to see if there is a vehicle code section that can be used if a vehicle is blocking "site lines'--similar to the citation if a vehicle is encroaching over a sidewalk blocking safe passage. As for the ¥2 mile rule, and asuming there isn't a vehicle code penalty to fit the situation, the current ordinance allows a vehicle to be parked in the same spot for 72 hrs. At that time, a neighbor may --- message truncated --- From: Alan Christensen To: Jean Parks Date: 6/6/2005 8:30:43 AM Subject: Re: Fwd: Re: FW: stop our speeders let's add this item back t° Leg & Lit., please, thx. >>> Alan Tandy 06/06/05 8:02 AM >>> >>> <zscrivner@libertystar.net> 6/3/05 5:54:00 PM >>> Let's refer this to Leg & Lit for next time. ..... Original Message ..... From: "Alan Tandy" <Atand¥@ ci.bakersfield.ca, us> Subj: Fwd: Re: FW: stop our speeders Date: Wed Jun 1, 2005 4:34 pm Size: 2K To: <zscrivner@libertystar.net> >>> William Rector 6/1/05 4:11:27 PM >>> fyi >>> Tim Taylor 06/01/05 1:08 PM >>> We looked at the following CVC code when we were about to change the 72 hour limit a year or so ago. This law allows a local ordinance to restricts vehicles of certain size to within 100' feet of an intersection. Nothing can be found that talks about no parking "within" a certain number of feet of a driveway - you just can not block a driveway. The following CVC if made into an ordinance would be useful - it would all but eliminate RVs on city streets. Tim 22507. (a) Local authorities may, by ordinance or resolution, prohibit or restrict the stopping, parking, or standing of vehicles, including, but not limited to, vehicles that are six feet or more in height (including any load thereon) within 100 feet of any intersection, on certain streets or highways, or portions thereof, during all or certain hours of the day. The ordinance or resolution may include a designation of certain streets upon which preferential parking privileges are given to residents and merchants adjacent to the streets for their use and the use of their guests, under which the residents and merchants may be issued a permit or permits that exempt them from the prohibition or restriction of the ordinance or resolution. With the exception of alleys, the ordinance or resolution shall not apply until signs or markings giving adequate notice thereof have been placed. A local ordinance or resolution adopted pursuant to this section may contain provisions that are reasonable an~l necessary to ensure the effectiveness of a preferential parking program. >>> William Rector 06/01/05 11:22 AM >>> what's your opinion on this ? >>> Ginny Gennaro 06/01/05 9:40 AM >>> We would have to check with the PD to see if there is a vehicle code section that can be used if a vehicle is blocking "site lines'--similar to the'citation if a vehicle is encroaching over a sidewalk blocking safe passage. As for the 1/2 mile rule, and asuming there isn't a vehicle code penalty to fit the situation, the current ordinance allows a vehicle to be parked in the same spot for 72 hrs. At that time, a neighbor may --- message truncated --- QUALITY OF LIFE SUPPORT LEGISLATION WHICH PROMOTES SAFE, EFFICIENT, COST EFFECTIVE,' AND RESPONSIBLE MANAGEMENT OF THE ENVIRONMENTAL COMPONENTS OF ISSUES SUCH AS URBAN DEVELOPMENT, AIR QUALITY, WATER QUALITY, TRANSPORTATION, WASTEWATER TREATMENT, AND SOLID WASTE MANAGEMENT. SUPPORT LEGISLATION WHICH INCREASES CITY PARTICIPATION AND REPRESENTATION IN COUNTY, STATE AND FEDERAL ISSUES OF REGIONAL CONCERN. SUPPORT LEGISLATION WHICH PROVIDES INCREASED FUNDING OF CULTURAL, RECREATION AND OPEN SPACE PROGRAMS. SUPPORT LEGISLATION WHICH PROVIDES 'APPROPRIATE CITY OF BAKERSFIELD REPRESENTATION ON POLICY-MAKING BODIES WITH INTERJURISDICTIONAL POWERS (E.G., THE LOCAL AGENCY FORMATION COMMISSION, THE COUNCIL oF GOVERNMENTS, AND THE KERN COUNTY WATER AGENCY'S-IMPROVEMENT DISTRICT #4). SUPPORT LEGISLATION WHICH PROVIDES APPROPRIATE FUNDING MECHANISMS FOR THE PROVISION OF LOCAL PUBLIC SAFETY SERVICES. OPPOSE LEGISLATION WHICH INCREASES THE COST OF OR ENDANGERS THE CLEAN, I~ELIABLE SOURCE OF WATER AVAILABLE TO THE CITY FROM THE KERN RIVER. GENERAL GOVERNMENT SUPPORT LEGISLATION WHICH EXPANDS THE CITY'S ABILITY TO DEAL ON A STATE LEVEL WITH STATE-MANDATED ISSUES AFFECTING THE 'FINANCIAL CONDITION OF THE CITY. SUPPORT LEGISLATION WHICH ENHANCES MUNICIPAL CONTROL OVER PROGRAM SCOPE, IMPLEMENTATION, AND FUNDING. SUPPORT LEGISLATION WHICH PROVIDES FOR EQUITABLE DISTRIBUTION OF STATE FUNDS FOR CITY PROGRAMS. SUPPORT LEGISLATION OR A CONSTITUTIONAL AMENDMENT THAT RETURNS LOCAL GOVERNMENT REVENUES PREVIOUSLY CAPTURED BY THE STATE AND LIMITS THE STATE'S AUTHORITY TO ACCESS REVENUES WHICH TRADITIONALLY FUND CITY SERVICES INCLUDING BUT NOT LIMITED TO PROPERTY TAX, VEHICLE LICENSE FEES, SALES TAX, AND TRANSPORTATION FUNDS. SUPPORT A CONSTITUTIONAL AMENDMENT THAT PROTECTS LOCAL REVENUES FROM STATE CAPTURE EXCEPT THROUGH TWO-THIRDS VOTE OF THE LEGISLATURE AND VOTER · Page2of 3 B A K E R S F I E L D OFFICE OF THE CITY COUNCIL May 4, 2005 TO: HONORABLE MAYOR AND CITY COUNCIL DEPARTMENT HEADS FROM: ZACK SCRIVNER, CHAIR ~ LEGISLATIVE AND LITIGATION COMMITTEE SUBJECT: REQUEST FOR INPUT ON LEGISLATIVE PLATFORM FOR 2005 As part of its annual review of the City's Legislative Platform, the Legislative and Litigation Committee asks for input from City elected officials and department heads about legislative concerns which need to be reflected in the upcoming year's Legislative Platform. As Chair of the Legislative and Litigation Committee, I am seeking your review and comments on the current Legislative Platform for suggestions for the 2005 Legislative Platform. The current (2004) Legislative Platform is attached for your convenience. Please review it and make any comments you feel are important to keep the Platform up-to- date, especially given current and changing fiscal conditions. Your returned comments will be compiled for Legislative and Litigation Committee review and recommendation to Council. Please let Alan Christensen have your comments by May 20th, for review at the next Legislative and Litigation Committee meeting. If you have any questions, please contact Alan Christensen at 326-3751. Attachment: 2004 Legislative Platform cc: Alan. Tandy, City Manager Alan Christensen, Assistant City Manager John Stinson, Assistant City Manager Rhonda Smiley, Office Administrator/Public Relations S:~,C\05 Legislative&Litigation\Platform Memo.doc CITY OF BAKERSFIELD 2004 LEGISLATIVE PLATFORM THE CITY OF BAKERSFIELD PROVIDES GOVERNMENTAL DECISION MAKING AT THE LEVEL CLOSEST TO THE PEOPLE. THEREFORE, IT IS INCUMBENT UPON ITS ELECTED OFFICIALS'TO PROVIDE LEGISLATIVE LEADERSHIP ON ISSUES WHICH POTENTIALLy COULD IMPACT THE CITY OF BAKERSFIELD. THE FOLLOWING POLICY STATEMENTS REFLECT THE LEGISLATIVE PLATFORM OF THE CITY OF BAKERSFIELD-FOR 2004. GENERAL POLICY STATEMENT~ SUPPORT LEGISLATION WHICH ENHANCES THE CITY'S FISCAL AUTONOMY AND CHARTER CITY STATUS TO ALLOW DISCRETIONARY AUTHORITY OVER LOCAL, STATE AND/OR FEDERALLY MANDATED PROGRAMS. SUPPORT LEGISLATION WHICH PROVIDES FOR GOVERNMENTAL DECISION MAKING AT THE LEVEL CLOSEST TO THE PEOPLE WHENEVER IT IS MOST LIKELY TO PRODUCE THE MOST EFFECTIVE AND EFFICIENT RESULT. SUPPORT LEGISLATION WHICH MAINTAINS AND/OR ENHANCES THE CITY'S LAND USE DECISION-MAKING AUTHORITY. SUPPORT LEGISLATION WHICH FOSTERS MUTUALLY ACCEPTABLE METHODS FOR CITIES AND COUNTIES AND OTHER PUBLIC AGENCIES TO WORK TOGETHER TO SOLVE ISSUES OF LOCAL CONCERN. SUPPORT LEGISLATION WHICH MAINTAINS THE PROVISION OF ESSENTIAL PUBLIC UTILITY SERVICES (E.G., ELECTRICITY, NATURAL GAS, WATER) IN A COST-EFFECTIVE MANNER. OPPOSE LEGISLATION WHICH ALLOWS STATE OR FEDERAL CONTROL OVER AND USE OF TRADITIONAL MUNICIPAL GOVERNMENT REVENUE SOURCES. OPPOSE LEGISLATION WHICH SHIFTS TO THE STATE OR FEDERAL GOVERNMENT CONTROL OVER TRADITIONAL MUNICIPAL AFFAIRS. OPPOSE LEGISLATION WHICH DETRIMENTALLY IMPACTS THE LOCAL ECONOMYi OPPOSE LEGISLATION THAT PLACES GOVERNMENT AGENCIES IN COMPETITION FOR LIMITED FISCAL RESOURCES OR ENCOURAGES SHIFTING OF SERVICE RESPONSIBILITY WITHOUT PROVIDING ADEQUATE FUNDING. Page 1 of 3 QUALITY OF LIFE SUPPORT LEGISLATION WHICH PROMOTES'SAFE, EFFICIENT, COST EFFECTIVE, AND RESPONSIBLE MANAGEMENT OF THE ENVIRONMENTAL COMPONENTS OF ISSUES SUCH AS URBAN DEVELOPMENT,. AIR QUALITY, WATER QUALITY, TRANSPORTATION, WASTEWATER TREATMENT, AND SOLID WASTE MANAGEMENT. SUPPORT LEGISLATION WHICH INCREASES CITY PARTICIPATION AND REPRESENTATION IN COUNTY, STATE AND 'FEDERAL ISSUES OF REGIONAL CONCERN. SUPPORT LEGISLATION WHICH PROVIDES INCREASED FUNDING OF CULTURAL, RECREATION AND OPEN SPACE PROGRAMS. SUPPORT LEGISLATION WHICH PROVIDES APPROPRIATE CITY OF BAKERSFIELD REPRESENTATION ON POLICY-MAKING BODIES WITH INTERJURISDICTIONAL POWERS (E.G., THE LOCAL AGENCY FORMATION COMMISSION, THE COUNCIL OF GOVERNMENTS, AND THE KERN COUNTY WATER AGENCY'S IMPROVEMENT DISTRICT #4). · SUPPORT LEGISLATION WHICH PROVIDES APPROPRIATE FUNDING MECHANISMS FOR THE PROVISION OF LOCAL PUBLIC SAFETY SERVICES. OPPOSE LEGISLATION WHICH INCREASES THE COST OF OR ENDANGERS THE CLEAN, RELIABLE SOURCE OF WATER AVAILABLE TO THE CITY FROM THE KERN RIVER. GENERAL GOVERNMENT SUPPORT LEGISLATION WHICH EXPANDS THE CITY'S ABILITY TO DEAL ON A STATE LEVEL WITH STATE-MANDATED ISSUES AFFECTING THE FINANCIAL'CONDITION OF THE CITY. SUPPORT LEGISLATION WHICH ENHANCES MUNICIPAL CONTROL OVER PROGRAM SCOPE, IMPLEMENTATION, AND FUNDING. SUPPORT LEGISLATION WHICH 'PROVIDES FOR EQUITABLE DISTRIBUTION OF STATE FUNDS FOR CITY PROGRAMS. SUPPORT LEGISLATION OR A CONSTITUTIONAL AMENDMENT THAT RETURNS LOCAL GOVERNMENT REVENUES PREVIOUSLY CAPTURED BY THE STATE AND LIMITS THE STATE'S AUTHORITY TO ACCESS REVENUES WHICH TRADITIONALLY FUND CITY SERVICES INCLUDING BUT NOT LIMITED TO PROPERTY TAX, VEHICLE LICENSE FEES, SALES TAX., AND TRANSPORTATION FUNDS. SUPPORT A CONSTITUTIONAL AMENDMENT THAT PROTECTS LOCAL REVENUES FROM STATE CAPTURE EXCEPT THROUGH TWO-THIRDS VOTE OF THE LEGISLATURE AND VOTER APPROVAL. Page 2 of 3 SUPPORT LEGISLATION WHICH CONSOLIDATES SPECIAL DISTRICTS WITH OVERLAPPING JURISDICTIONS AND/OR RESPONSIBILITIES WHERE SUCH CONSOLIDATION IS CLEARLY OF BENEFIT TO THE CITY. OPPOSE LEGISLATION WHICH INTRUDES INTO THE CITY'S COLLECTIVE BARGAINING PROCESS AND RIGHTS, FINANCES SUPPORT LEGISLATION WHICH ADVOCATES RESPONSIBLE AND REASONABLE STATE- MANDATED PROGRAMS IF REVENUES RE PROVIDED AND SUCH LEGISLATION IS OF CLEAR BENEFIT TO THE CITY. SUPPORT LEGISLATION WHICH PROMOTES CONTINUED DIVERSIFICATION OF THE LOCAL ECONOMY, SUPPORT LEGISLATION WHICH REDUCES THE NEGATIVE FINANCIAL AND OPERATIONAL IMPACTS OF TAX INCREMENT FINANCING ON AFFECTED AGENCIES, SUPPORT LEGISLATION WHICH IMPROVES CITY GOVERNMENT'S ABILITY TO FINANCE DISCRETIONARY PROGRAMS, SUPPORT LEGISLATION WHICH ENHANCES THE CITY'S ABILITY TO FUND ITS CAPITAL INFRASTRUCTURE NEEDS, SUPPORT LEGISLATION WHICH PROMOTES THE USE OF LOCAL BANKS WHERE POSSIBLE AND LOCAL BRANCHES OF NATIONAL BANKS AND FINANCIAL INSTITUTIONS FOR CITY INVESTMENT, OPPOSE THE IMPOSITION OF FEES AT THE MUNICIPAL LEVEL TO FUND STATE PROGRAMS NOT RELATED TO MUNICIPAL MATTERS. Page 3 of 3 ADMINISTRATIVE REPORT ITEM: I[. P.,. . TO: Honorable Mayor and City Council APPROVED FROM: Donna Kunz, Econ. & Comm. Dev. Dir. DEPARTMENT HEAD DATE: April1, 2005 CITY ATTORNEY CITY MANAGER . ~/~' SUBJECT:. Ordinance amending Chapter 15.72 of the Bakersfield Municipal Code relating to the Historic Preservation Commission. RECOMMENDATION: Staff recommends adoption of this ordinance. BACKGROUND: For some time now, the City has had a difficult time in recruiting members to fill positions on the Historic Preservation Commission (herein HPC). In fact; this was the subject of a referral by Councilmember Couch last month, who has had an open appointment to the HPC for almost two years. This topic was presented to the Legislative and Litigation Committee for review, discussion, and options. The Committee affirmed the importance of the HPC mission and goals and concluded by a unanimous vote that revision to the City Code would be appropriate. The new ordinance being proposed would reduce HPC membership from nine to five commissioners, make the term of each commissioner three years, and change the mandatory monthly meetings to meetings on an "as needed basis". The positions being eliminated are the four that expire at the end of this month. This will leave five remaining positions~ne of which is vacant and will be filled by City Council as soon as possible. It is this position that will have the first three year term under the new ordinance. This ordinance received first reading at the March 30, 2005 City Council meeting. DK/AMS:Isc. S:~COUNClL~Admins\04-05 Admins\HPC. 15.72.040,050,2doc. doc ADMINISTRATIVE REPORT r ME~-¥iNG DATE: March30,2005 ] AGENDA SECTION: ConsentiTEM: /O.c. TO: Honorable Mayor and City Council APPROVED FROM: Donna Kunz, Econ. & Comm. Dev. Dir. DEPARTMENT HEAD../~C~ · DATE: March 21, 2005 CITY ATTORNEY CITY MANAGER ~ SUBJECT: Ordinance amending Chapter 15.72 of the Bakersfield Municipal Code relating to the Historic Preservation Commission. RECOMMENDATION: St~ff recommends first reading of this ordinance. BACKGROUND: For some time now, the City has had a difficult time in recruiting members to fill positions on the Historic Preservation Commission (herein HPC). In fact, this was the subject of a referral by Councilmember Couch last month, who has had an open appointment to the HPC for almost two years. This topic was presented to the Legislative and Litigation Committee for review, discussion, and options. The Committee affirmed the importance of.the HPC mission and goals and Concluded by a unanimous vote that revision to the City Code would be appropriate. The new ordinance being proposed would reduce HPC membership from nine to five commissioners, make the term of each commissioner three years, and change the mandatory monthly meetings to meetings on an "as needed basis". The positions being eliminated are the four that expire at the end of this month~ This will leave five remaining positions--one of which is vacant and will be filled by City Council as soon as possible. It is this position that will have the first three year term under the new ordinance. DK/AMS:Isc S:\COU NCIL~Admins\04-05 Admins\HPC. 15.72.040,050.doc ORDINANCE NO. ORDINANCE AMENDING SECTIONS, 15.72.040 AND 15.72.050 OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO HISTORIC PRESERVATION COMMISSION MEMBERSHIP AND DUTIES BE IT ORDAINED by the Council of the City of Bakersfield as follows: .SECTION 1. Section 15.72.040 of the Bakersfield Municipal Code is hereby amended to read as folloWS: 15.72.040 Historic preservatiOn commission--Established---Membership. . A. There is established in the city a historic preserVation commission consisting of .",!nc five unpaid members. The five members consist of three existinq posit ons which expire in 2006, one. existi~q position which expires in 2007, and on~; vac_a_an~position which shall have a member appointed by council as soon as possibl~; with a ter_m_ that expires in 2006. Each ...... I~ "-'-",-~ ..... I. -,,-,,-,-,~-,-,, ....... k,.,, Thu ......... · '" ""'-"~,',-*--, *, ...... ~,-,r,- Appointments shall be made by the city council. B. All members shall be residents of the city. _C__~..-Notwithstanding paragraph A above, all terms shall commence on April 1 and shall_ e_x.~ZEe__on Ma. rch 30 and shall be for three years. C=.-D__. The commission shall elect from among its members a chairperson and vice-chairperson to serVe as such for a one year term. The chairperson shall preside at all meetings of the commission, and shall appoint each committee and perform the duties necessary or incidental to the office. The vice-chairperson of the commission, in the absence of the chairperson or in the case of inability of the chairperson to act, shall perform the duties of the Chairperson. ~ E__. The city manager or his designee, shall serVe as administrative staff to the commission. The economic development director shall assign a representative to serve as secretary to the commission.. The secretary shall keep minutes of each' meeting, record the official actions taken, record the vote on all official actions, certify each official act and resolution of the commission, maintain records of operations, and perform such Other duties as the commission assigns. ' ~.. F~ The commission shall review and adopt its own operating rules and bylaws, thereafter having the power and authority to perform all of the duties hereinafter enumerated and provided. S:\COUNCIL\Ords\04-05 Ords\HPC. 15.72.040,050.doc March 21, 2005 -- Page 1 of 4 Pages -- ........................, ,, ~ .............. ~..~$,, , ,,'~';I h;.~ n~- h~,- ~.,, ,~n~ ;~ A, ,h, ~n~ln~A ~A '~, ,~1;~ G. In the event of a vacancy occurring during lhe term of a member of the commission, the coundl.shall appoint a 'new member to ~11 the unexpired' term ~ Section 2. Section 15~72.050 of the Bakersfield Municipal Code is hereby amended to read as follows: 15.72.50 Historic preservation commission--Powers and duties. The commission shall have the following powers and duties: .A. . Establish criteria and conduct or cause to be conducted a comprehensiVe survey of properties within the 'boundaries of the city, and publicize and periodically update survey results. B. Adopt specific guidelines for.the designation of cultural resources, including landmarks, landmark sites, and historic districts. C. Maintain a local register of designated cultural resources and historic 'districts. D. Review and correspond with the city council and city departments as to matters as they relate to the cultural resources of the community. E. Assist in recommending prescriptive standards to be used by the council in reviewing applications for permits to alter, remove, preserve, protect, reconstruct, rehabilitate, restore or stabilize any designated cultural resource or historic district. F. Recommend to the city council the purchase of fee or less-than-fee. interests in property for purposes of cultural resource preservation and designation. G. Investigate and report to the city council on the use of various federal, state, local, or private funding sources, and mechanisms available to promote cultural resource preservation in the city. H. Preserve, restore, maintain, and operate designated cultural resources and historic properties owned or controlled by the city. I. Recommend for approval or disapproval, in whole or in' part, applications for cultural resource or historic district designation pursuant to procedures set forth in this chapter. S:\COUNClL\Ords\04-05 Ords\HPC. 15.72.040,050.doc March 21, 20.05 -- Page 2 of 4 Pages - J.. Review and comment on applications for land use decisions as such applications may be referred to the commission by the planning commission, the board of zoning adjustment or the city council. Comments and recommendations shall be forwarded to the referring body. K. Cooperate with local, county, state and federal governments in the pursuit of the objectives of historic preservation. . L. Provide information, upon the request of the property owner, on the restoration, alteration, decoration, landscaping or maintenance of any cultural resource or property within a historic district, M. Participate in, promote, and conduct public information, educational, and· interpretive programs pertaining to cultural resources and historic districts. N. Perform anY other functions that may be designated by the city council. O. Meet at l~3st once ~ month irregular intervals as determined by the city manager or his or her designee. All meetings shall be noticed and open to the public. P. Quorum. Five Three members of the commission shall constitute a quorum for the transaction of business. ~ ~ Identify as early as possible conflicts between the preservation of cultural resources and altemative land uses and make recommendations to the appropriate legislative body. · S~._R_._ Establish a procedure for the review of and comment on histodc preservation certification applications for federal tax incentives for both cultural resources and historic districts. SECTION 3. This Ordinance shall be posted in accordance with the provisions of the Bakersfield Municipal Code and shall become effective thirty (30). days from and after the date of its passage. ............. o0o ............. S:\COUNClL\Ords\04-05 Ords\HPC. 15.72.040,050.doc March 21, 2005 -- Page 3 of 4 Pages - 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: AYES: cOuNCiLMEMBER CARSON, BENHAM, MAGGARD, COUCH HANSON, SULLIVAN, SCRIVNER NOES: COUNCILMEMBER ABSTAIN: COUNCILMEMBER ABSENT: COUNCILMEMBER CITY CLERK and EX OFFICIO of the Council,of the City of Bakersfield . APPROVED: By: · HARVEY L. HALL, Mayor CITY OF BAKERSFIELD APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney By: ALLEN M. SHAW Deputy City Attomey AMS:Isc S:\COUNClL\Ords\04-05 Ords\HPC. 15.72.040,050.doc March 21, 2005 -- Page 4 of 4 Pages - ADMINISTRATIVE REPORT I MEETING DATE: March 9, 2005 I AGENDA SECTION: Consent Calendar ITEM:II ,'z... I TO: Honorable Mayor and City Council APPROVED FROM: Donna L. Kunz, Economic Development Director DEPARTMENT HEAD ~.,,,_ DATE: February 28, 2005 CITY ATTORNEY ~ /,~ CITY MANAGER ~ SUBJECT: Historic Preservation Commission 2003/2004 Fiscal Year Annual Report. (All Wards) RECOMMENDATION: Staff recommends acceptance of report. BACKGROUND: The Historic PreservatiOn Ordinance requires the Historic Preservation Commission to prepare an annual report to the Mayor and City Council on Commission activities. This annual report covers fiscal year 2003/2004. During the last year, the Commission participated in a variety of activities promoting historic preservation in Bakersfield. · It is with great pleasure that Chairman Scott Fieber submits this report. Mr. Fieber was re-elected Chairman in July 2004. S:~Admins\City Council\HPC ann report.doc 2/28/2005 3:07 PM March 9, 2005 BAKERSFIELD HISTORIC PRESERVATION "~ COMMISSION MaYor Hall and Members of the City Council City of Bakersfield -. 1501 Truxtun Avenue· · Bakersfield CA 93301 Dear Mayor Hall and Members of the City Council: We are pleased to submit the FY 2003/04 An'nual RePort on the activities and work of the Historic Preservation Commission. The Commission continues to receive numerOUs "hits" on its Website accessible through the Economic and' Community Development Department webpage located at http://www, bakersfieldcity.us. The Commissioners are currently in the process of updating the four cultural resource inventories previously conducted in Downtown Bakersfield and the Baker Street/Old ToWn Kern area. Once updated, the four cultural resource inventories will be accessible on the website. This annual report describes these and other aCtivities in greater detail. We look forward to an exciting new year and your continued support and · commitment to the preservation of Bakersfield's history. Sincerely, Scott Fieber Chair, HistOric Preservation Commission S:\ED Projects\HPCV~,nnual Reports\annual report cover Itt 03-04.DOC LOGo DEPICTS j~yylTR STREET C LIBRARY LETED TH, 1915 PLACED ON NATIONAL REGISTER OF HISTORIC PLACES ~.. APRIL 1ST, 1981 · 900 TRUXTUN AVENUE, SUITE 201 BAKERSFIELD, CA 93301 (661) 326-3765 CITY OF BAKERSFIELD HISTORIC' PRESERVATION COMMISSION ANNUAL REPORT FY 2003-04 Historic Preservation Commission for FY 2003/04 The Historic Preservation Commission (HPC) established goals for fiscal year 2003/04 at their annual goal setting session, as listed below. This session is an · annual opportunity for commissioners to discuss the year's upcoming goals and projects. Due to a limited budget and staff time allocated to the Commission many of the objectives were not accomPlished. Also, due to limited business, the Commission met infrequently during the last fiscal year. 1. Enhance HPC Web Paqe: · Add Cultural Resource Inventories to website (Commissioners are · in the process of updating the inventories before placing them on the website) · Add Bakersfield Municipal Code, Chapter 15.72 - Historic Preservation to web site (Completed) City of Bakersfield staff haS continues to update and improve the Historic Preservation Commission's web site http://www.bakersfieldcity, us. The Historic 'Preservation link is accessible via the City of Bakersfield's web site with a quick link to the Economic and Community Development Department's web page. The site features photographs of cultural resources designated on the Bakersfield Register of Historic Places with brief descriptions, the HPC meeting calendar, HPC agendas and minutes, a Downtown Walking Tour, Baker Street Walking Tour, and an e-mail address whiCh is frequently used .by the public to request information. 2. Develop a New Marketin.q Plan for Historic Preservation in Bakersfield · Develop a new image for historic Preservation emphasizing a new and friendly HPC (Commissioners and staff continue to promote historic preservation by providing cOmmunity outreach to the public). · Market cultural.resource designations as a preservation tool not as an encumbrance (staff provides interested property owners' information about designating their properties.) Throughout the year Commissioners discuss the value of preservation with · various community groups as requested. 'Staff is in the process of reviewing existing documents for potential updates; however, a marketing plan has not been developed. . Historic Preservation Commission FY 03/04 Annual Report 3.. ResearCh Feasibility of the 'Mill Act · · Staff to do research regarding the feasibility of implementing the program (no progress). - · Use Fox Theater as case study (no progress). 4. Create New Cultural ResOurce Inventories and Historical Information · 'Suggested locations include Sunset Park, Westchester, and Baker Street areas · .Currently this would need t° be a voluntary effort as no budget has been designated for theses activities. 5. Research Historic Preservation Proqrams in other Cities · Contact other cities to .find out what works and what doesn't to Promote ·historic preservation (no progress). 6. Hold COmmittees Meetings · Review By-Laws at a By-Laws Committee Meeting · Review CultUral Resource Inventory SUrveys at a Cultural Resources Committee Meeting · Create Ad hoc Committee to develop a Historic PreServation Committee Marketing Program ThiS year the By-Laws were amended with a few minor revisions. Committee meetings are typically held on an as needed basis. Historic Preservation Commission FY 03/04 Annual Report ; -2- RESUMES OF MEMBERS Nancy McNamee. Carter Ms. Carter is the Vice-President for Center Neon Co., Inc., a local sign company started by her father in1946 and run by her and her brother. She was raised in Bakersfield as was her father. She attended local schools in East Bakersfield. Ms. Carter has worked with the Kern County Museum during restoration of the Fox Theater and on other projects. She has always appreciated the craftsmanship and durability of past architecture and the need to preserve history for upcoming generations. Her interests include: gardening, genealogy, and paleontology. Term expires: March 30, 2005 Scott Fieber A licensed California state "B" and "HIC" Contractor since 1993, Mr. Fieber has over 20 years construction experience while maintaining a 16-acre facility with over 50 buildings as a. Restoration Supervisor for the Kern County Museum. He is responsible for all maintenance, construction and restoration projects at museum complex including the Lori Brock Children Discovery Center. He is current past President and Director of Restoration for the Fox Theater Foundation a nonprofit foundation restoring the Bakersfield Fox Theater. He is also a consultant to the' Visalia Fox Foundation helping in their purchase and restoring the historic theater. Mr. Fieber has been the Chairman of the Bakersfield Historic Preservation Commission since 1998. Mr. Fieber volunteers his time for Christmas in April and Habitat for Humanity. Having grown up in Bakersfield, Mr. Fieber is extremely interested in historic preservation and feels that we must preserve as much of our past as possible. Term expires: March 2007 · Historic Preservation Commission FY 03/04 Annual Report ; -3- Richard Hackett Richard Hackett is a 'retired teacher, currently working as a Naturalist at the Wind Wolves Preserve,' which is located about 30 miles southWest of . Bakersfield at the southern tip of the great San Joaquin Valley. He has been a professional educatOr in Connecticut, Alaska, and California. Mr. Hackett operated the Arctic Television Vocational 'prOgram in Barrow, Alaska working with youth on probation. In one year on the TV ProdUction crew, most youths 'became productiVe citizens of their rural community. He also worked with Eskimo students in Nome, AlaSka instructing print' graPhics with .'! some graduates rewarded .with employment at the Anchorage, Alaska printing plant. Bakersfield is his senior years' home and many of his relatives reside in the city. History is his hobby and he teaches about the Yokut Indians and the founding of Bakersfield. Term expires: March 2006" Glen Imke · · · Mr. Imke is a Certified Public Accountant - Audit Supervisor employed at Daniels, Phillips, Vaughan, and Bock. Mr. Imke graduated from Bakersfield High School and California State University of Fresno. Serving his first term on the Historic Preservation Commission, Mr. Imke's goal is contribute, to the economic growth and improve the quality of life in the City of Bakersfield. Mr. Imke has served as a board member for the Alumni and Friends of the Craig School of Business and was ·recently a member of the Fresno Sunrise Rotary. Term expires: March 2005 Historic Preservation Commission FY 03/04 Annual Report ; Michael Kephart Mr.. Kephart currently retired, was the previous owner of Kephart Insurance Agency. A South High School graduate he also attended Bakersfield College. Serving his first term on the Commission his interest is 'in preserving historic homes and buildings in Bakersfield. He once built and remodeled homes with his. father. " Mr. Kephart has been inVolved with a several different 'organizations inclUding Rosedale .Highway Business AssociatiOn (President), Rosedale , Highway Lions. (President), Rosedale Kiwanis (Charter Member), and the Bakersfield Association of Realtors. Term expires: March 2006 Anthony William Noce Mr. Noce is a native Californian whose family originallY located in San Francisco in 1875. As the family historian and genealogist he is active in preserving the past for future generations. Before retiring and relocating in 1990 to Bakersfield from the Bay Area in ' Northern California, he spent his life in the Construction industry as a union carpenter, job '.superintendent, project manger, estimator, consultant, and licensed contractor in both California and Utah. With over 30 years experience in building, remodeling and seismic upgrades, Anthony is anxious to put his experience to work for the betterment of the Bakersfield community. Anthony has been active as a volunteer throughout-his life with many organizations, such as the Boy Scouts of America, San Jose Police Athletic League, Belmont Little League, Pop Warner Program, Indian-Y-Guides and many church positions before his retirement. Since moving to Bakersfield he has been active as a Wilson'Library volunteer, a private school library organizer, a certified Ombudsman for the Kem County Long-Term Care Ombudsman Program, a jurist, an APA member and a 2001-2002 member of the Kern County Grand Jury. · With the full support of his wife Jerilee and his daughter Donna Marie, Anthony is looking forward to working with and supporting his fellow members on the Commission in preserving the City of Bakersfield's rich heritage. Term Expires: March 2005 Historic Preservation Commission FY 03/04 Annual Report -5- Tim Scanlon "' Mr. Scanlon is an attorney at Klein, DeNatale, Goldner, Cooper, Rosenlieb and Kimball, LLP. A Bakersfield native, he returned to Bakersfield in 1998 after . earning his Bachelor of Arts Degree from the University of Missouri-Kansas City and his law degree from the University of San Francisco, passing the California Bar exam and practicing as an attorney in San Francisco. One of his goals in returning to Bakersfield is to involve himself in the community in such a way that he could contribute to the direction of Bakersfield's growth. During the eight years that'he was away at school, Bakersfield had grown considerably, both geographically and culturally. Being'raised in' Bakersfield, Mr. Scanlon understands that it is the Bakersfield community and its unique' history that keeps its residents here and often compels them to return. He wants to take an active role in assisting the City-Council to' ensure' Bakersfield's rich history is not lost or diluted. Mr. Scanlon· enjoys working with the Historic Preservation Commission'. He has also involved himself with other community activities since his return to Bakersfield, i. ncluding serving as an attorney mentor to the Bakersfield High. School Mock Trial program. He views his Historic Preservation Commission appointment asa unique opportunity for him to serve the Bakersfield communityl Term expired: March 2003, this Ward 4 appointment has remained vacant. Susan Stussy Ms. Stussy is a California licensed Speech-Language Pathologist*- for the Kern County Superintendent of Schools, Deaf Education. Ms. Stussy graduated from the California State University With a Master of Arts, Education and from the University of Northern Colorado with a Bachelor of Arts, Speech Therapy. Special skills include Signing Exact English for the 'Deaf and she is fluent in conversational Spanish. Her-community service experience includes the Fox Theater Foundation as Communication Writer for the Foundation Newsletter and Community Affairs Committee Member; the Bakersfield Homeless Center as Dinner Program. Coordinator and at the Stockdale Country Club as Past President,. Women's Organization. Whenever possible, she would like to see the City of Bakersfield continue to revitalize, restore and preserve rather than tear down buildings. As a member of the Historic Preservation Commission, she would like to help continue the positive movement towards historic preservation. Term expires: March 2006 Historic Preservation Commission FY 03/04 Annual Report I Ann Elizabeth Sullivan Ms. Sullivan is a seventh grade history, English, and art teacher at the · Wasco Union Elementary SchOol District. Her educational background includes an M.A., Educational Administration, and an Art and Art History major and minor, MS. Sullivan believes that Bakersfield has rich historical tradition and working with the commission is a way to help preserve, publicize,' and educate citizens aboUt their historic City. As a former member of the Oleander-Sunset Park Association Board of Directors she has spent time as Publicity Chair and Historic Home Tour Chair. ShOe finished writing a "Historic Walking Tour" guide of the Oleander-Sunset Park area. She held the Wasco Festival of Roses Directorship for ten t° twelve years. Her time on this board was spent as Publicity Chair', Concession Chair, President, and Art Committee Chair. Ms. Sullivan is Serving her. second term on' the CommissiOn and is dedicated to educating the public about historic preservation In Bakersfield. Term expires: 'March 2005 COMMITTEES. The Commission has established both standing committees and special committees. Standing committees review on-going issues. These are the Ordinance Review Committee, the Architectural Review Committee, the Cultural Resource Committee, and the By-Laws Committee. "Ad Hoc" committees have temporary assignments and are disbanded when those assignments are completed. Special committees include the Special Events Committee. . STANDING COMMITTEES ORDINANCE REVIEW COMMITTEE Members: Anthony Noce, Chair Ann Sullivan .. - Susan Stussy The Ordinance Review Committee shall review and recommend amendments to Municipal Code Section 15.72 (Historical Preservation). Historic Preservation Commission FY 03/04 Annual Report ; ARCHITECTURAL REVIEW COMMITTEE Members: Ann Sullivan, Chair Richard Hackett Glen Imke The Architectural Review Committee shall render advice and guidance, upon' request of proPerty owner or occupant, on the restoration, alteration, decoration, landscaping or maintenance·of any eligible property. · This COmmittee shall also develop guidelines for interpretation and preservation of the architecture for a designated historic district or cultural resource. This Committee shall also review permit required actions to designated cultural resOurces and historic districts as stipulated in the historic district or Cultural resource architectural review guidelines. CULTURAL RESOURCE COMMITTEE Members: Nancy Carter, Chair Glen Imke Susan Stussy The Cultural Resources COmmittee shall review cultural resource inventory surveys and issues pertaining to ·non-designated properties. This Committee shall also review and investigate any building, structure Or physical object in the City which is under consideration as a designated cultural resource or historic district. This Committee shall also review demolition requeSts as they pertain to designated cultural resources and historic districts. BY-LAWS COMMITTEE Members: Michael Kephart, Chair Richard Hackett Anthony Noce The By-Laws Committee shall develop, monitor and amend By-Laws on the Commission. Historic Preservation Commission FY 03/04 Annual Report SPECIAL COMMITTEES AD HOC COMMITTEE Members: -. All Commission members ' · The Ad. Hoc Committee coordinates events associated with dedication ceremonies of designated cultural resources, conducts presentations t° clubs and organizations, and provides assistance to Special events representing the Commission. S:\ED Projects\HPC~Annual Reports\Draft 0203 HPC Annual Report.doc Historic Preservation Commission FY 03/04 Annual Report RESOLUTION NO. A RESOLUTION BY THE CITY COUNCIL FOR THE CITY OF BAKERSFIELD AMENDING AND RE-AFFIRMING CITY'S ANNEXATION MISSION STATEMENT AND ESTABLISHING A PRE-APPLICATION PROCESS FOR ANNEXATIONS~ WHEREAS, the City Council for the City of Bakersfield adopted an Annexation Mission Statement on February 21, 1996 which outlines several reasons why the City pursues annexations and the manner and outcomes which are expected to result from said annexations; and WHEREAS, the City ·Council for the City of Bakersfield adopted Resolution 029-02 regarding the City's Pre-Application Process for Annexations; and WHEREAS, State law requires the annexation procedure to be under the auspices of the Local Formation Agency Commission (herein "LAFCO"); and WHEREAS, annexation remains an identifiable goal of the City Council, a recommended positive step in the Vision 2020 Plan, and a supported finding from the 1999~2000 Kern County Grand Jury; and WHEREAS, the City Council intends to disseminate annexation information prior to the involvement of LAFCO and desires to assure citizens that to the extent annexation information is provided by the City, that it occurs in an honorable, courteous, informative and honest manner; and WHEREAS, the City desires to re-affirm the goals and pledge of said Mission Statement by establishing a Pre-Application Process which will govern how City Council and City staff handle annexations, prior to the involvement of LAFCO; and WHEREAS, the Pre-Application Process will include a number of steps, to notify the property owners/occupants within the proposed area ^~^ cf '::hlch :hell b__. ~ .".'_-'tlcc'2_ .u.__--:!n~, · b'cf'crc th_-' _.9.:~:_'c.'c~_-'Id C!t:,' C_-"'~=il prior to adoption of the Resolution of Application. NOW THEREFORE, incorporating the above recitals herein, the City Council for the City of Bakersfield hereby: 1. Amends and re-affirms the Annexation Mission Statement adopted by the Bakersfield City Council on February 21, 1996, attached hereto as Exhibit "A" and incorporated by reference herein. 2. Adopts the Annexation Pre-Application Process attached hereto as Exhibit "B" and incorporated by reference herein. 3. This Resolution supersedes Resolution 029-02. -oo0oo- S:~HEARINGSX, ANNEXLa~nnexReso.wpd I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on , by the following vote: AYES: COUNCILMEMBER CARSON, BENHAM, MAGGARD, COUCH, HANSON, SULLIVAN, SCRIVNER NOES: COUNCILMEMBER ABSTAIN: COUNCILMEMBER ABSENT: COUNCILMEMBER PAMELA A. McCARTHY, CMC CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED: By: HARVEY L. HALL Mayor APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney By: VIRGINIA GENNARO City Attorney :pmc S :L~IEAR INGSLad,4NEXL~nexReso.wpd EXHIBIT "B" ANNEXATION PRE-APPLICATION PROCESS The following steps are proposed for the City of Bakersfield prior to application for annexation to LAFCO of territory inhabited by 12 or more resident electors: ........ · · · ~r- ................... r "v..~ .... . ~ Comment [pi]: Deletion of this step m .... , ..... , c,~. ,;~ m~.4~.-..-..'~ - -~;.~.~.i'..,~- ~, ~.7.:~.~. -.;',:~-:~1~.7.~.- [ is recommended as this is done in the ...... r- ................. r' .................... = ...................... ., normal scope of Business operations ~. ........ ,~ ....... ~: ...... I.~^.a .;. ........ ~ I.... ,,',:~.., ~. ~:~:~ by the Planning Department. · Notify City [Councii - - --r Comment [p2]: Often annexation is .................................................... ' ~ in conjunction with development ~ which requires confidentiality. ~-,.~ ..... n_ .... .... , ..... ~ ............ ' °~'=~.vv -ri!rector City Staff will notify the / Revised language will enable staff to .................. ! maintain the confidentiality yet notify Council, in writing of the annexation proposal. -r.;~ .^,=~-'.~,..~_, by [Counc,. ....... · ....... .~,,~, ,.,;ii ~.^ ,~-'~*.-'~.,,~,4 *k ..... ~' "'"*" .~--~-~C:';; _ o~..~ ~, ,~ ,,~ ....... *,., A ~,.~.4 !~"~ .... *=^~,J',, · ~ Comment [p3]: This step creates and added expense to the City (staff time, printing, mailing). The ~ I^~+ .......,v~--.----.,,,~;~ ~1., ............. r.._r, vv~_ ~; ..... ......... ;~l., $ ....... `1 ...... ~.!· '-~. I information is provided to the ..... ~-' ..... ..I ............ -', t-. ........ ..I I-... ~.~ I'~ .... I ..... I residents dudng the informational -1 ................ r- ............. r'. ~r- ..... · .......... r- ....... meeting. · Informational Meetings At least one mandatory noticed informational meeting at a public facility will be conducted within the proposed annexation area. ~ ~ _ ~ -~ comment [p4]: Language not ~.~,-i. .... ;11 ~.~ --~,a~ , .... ..i...~ ,k: .... ,; .... :~. ,- *k~ ~-~,~,.1~ i- necessan/. See Comment #7 City Councilmembers may wish to also schedule additional informal meetings in the area in order to share information and this should not be precluded. In all cases, the Councilmember will be invited to any informational meeting. Efforts will be made to use public facilities for informational meetings. However, this does not preclude the use of resident homes. · It is the intent of this section to assure that information is readily available and shared with citizens. With this in mind, staff will attempt to use the internet to disseminate annexation information when financially feasible. It is imperative that staff be available to respond to questions by citizens and share information in either a group or individual setting. ................. ........ - Comment [pS]: See Below · [Notificatior~ ........................................................ ' ! However, the mailed notice has bean J "~"~^ '~'~ ~'^^'"~ "~ ~' ..... "~'~' "^'~ written notice will be mailed [ revised. Sea Exhibit "1" to all property owners/occupants within the proposed area. '""" ;"~""~ '~'^ '~ .... '~ '^~'"~ ~ "~-;"~ .~.~itlc.".c!!7 There will be a prepaid post card included !.-. ...... '~'^ "~'=~- .... ~=":"~ requesting the ownedoccupant cc c~;__..-t.::.=!'.~,' t3 express their opinion regarding the annexation, by mail or; personal delivery. The notice· will be prepared and mailed by City Clerk Staff no later than 20 days. prior to the hear~ Resolution of Application being placed on the City Council Agenda. See attached Exhibit "1" and "2" ................................................. ~ ' ' '-I Comment [pT]: This is an additional expense, All concerned with the annexation will receive a mailed k^~.;~ ~; ..... m k~ ~,,m-'~k~.,i :~ -r'~.,^ ~1 .... .q,~l.4 ,,'*~1:,¢~.-:~, ~.. notification (Prior step). Additionally, ~ k~;~ ~,^ W'~.^ ~^~: ..... a~ ~-.^ ~, ,~;~..^.,~ ~ ~. ~-I-,,- this is not legally required. ...... ;~' *~ *~'^ "~';~ ~ E.':.hiSit "3" Comment [138]: With the changes t°- .... .~ - r- .................. a .... ,/ Stale Law, LAFCO now conducts the / Pretest Headng and makes the final · / decision regarding Annexation. ....... , ........................................................ ' Instead of conducting a headng, copies of the response cards mailed ~{:~ ~.; ..... :Ii ~ ~ ~.~ ~ ~:~, ~ ..... :~ ~. ..... ..,:~ to the residents would be provided to .................... ~ ......................... ., ................. Council at the time the Resolution of ..... g ...... ~,4~-~ ........ ~ .... ~., .... -'.4 ....:~k=~ ~4.. .......... ~ Application is placed on the Agenda. ........... .' ..................... ~ ............................. r-. -~ .... The City Council can, at that time, ........ ~--"'~ ............................................... direct staff to withdraw or proceed with the Application. · Resolution of ~pplicatior~ ~ -{ comment [I)~]-' Minimal changes. A Resolution of Application for Annexation of a proposed area will be brought to the Council for consideration, c;?..~c'.'c! c~. '.~_-- ~c:.'t -~ ..... ,~,j ..... ~A,~...~,4_ .... ~.!~ .......... ~ ...v ................ ~, EXHIBIT "1" B A K E R S F I E L D NOTICE OF u.- A,'.,,,,,~_ .'.."=n.',= 'rut= ~',~..k.~.. ,'~.-'rut= ~-..rv PROPOSED ANNEXATION BY THE CITY OF BAKERSFIELD NOTICE IS HEREBY GIVEN cf a .u. cad.-.~ bcfcrc the Bakersfield City Council r=e~jer=di~ the is propose~ing annexation of territory to the City of Bakersfield !'..".c'::.":. identified as City of Bakersfield ANNEXATION NO. 398, GENERALLY KNOWN AS PANAMA #12. The area' being considered is generally located north and south of Panama Lane, west of State Route 99 (Freeway 99). See the attached map (Exhibit A) that shows the affected territory. These proceedings were initiated by the property owner(s) or City (choose one) The reason the has proposed this annexation is The City Council is interested in your written comments regarding the proposed annexation. Comments may be filed by any owner/occupant within the proposed annexation area, by returning the .enclosed., postage paid postcard, 'or letter with the City Clerk at any time prior .to adoption of the Resolution of Application by the City Council. Dated: Pamela A. McCarthy, CMC City Clerk and Ex Officio Clerk of the Council of the City of Bakersfield NOTE: Notice to be mailed in City of Bakersfield Envelope ;':ith """ '~";~ Hc:d.-.; ~'~'" .... ~.". "' "'"" City Clerk's Office 1501 Truxtun Ave. Bakersfield, CA 93301 CITY CLERK CITY OF BAKERSFIELD 1501 TRUXTUN AVENUE BAKERSFIELD CA 93301 NOTICE OF NEAR~PROPOSED ~ ANNEXATION A Resolution of Application is being proposed for the following territory. The City Council would like to receive your comments, prior to adopting the Resolution. Please complete this card and return to the City Clerk. Regarding; Annexation No. 398, Generally Known as Panama #12 __ I suppo~ the proposed annexation __ I oppose the proposed annexation __ I have no preference regarding annexation For Information Regard Hearing Contact Ci~ Clerk ~ 326-3767 For Annexation Information Contact Planning ~ 326-3733 ADMINISTRATIVE REPORT I MEETING DA f~-: January 12, 2004 I AGENDA SECTION: Consent Calendar I ITEM: 10. i. TO: Honorable Mayor and City Council /APPROVED FROM: Alan Tandy, City Manager DEPARTMENT HEAD DATE: December 13, 2004 CITY ATTORNE~~-~''' . 'CITY MANAGE SUBJECT: Resolution requesting the California State Legislature and Governor protect Proposition 42 state transportation funding in the next state budget. RECOMMENDATION: Staff recommends approval of the resolution. BACKGROUND: The City'Council previously adopted a resolution on January 23, 2002 in support of Proposition 42, which was based on the principle that taxes paid at the gas pump should be used for transportation purposes. Proposition 42 was placed on the California Ballot in March, 2002 and was approved by 69% of the California voters. However, since then, more than $2 billion in State transportation funding has been diverted from transportation projects statewide, due to "fiscal emergences" declared in FY 2002/03, FY 2003/04, and FY 2004/05. Proposition 42 funds are critical to the completion of transportation projects throughout the State of California; repair and expansion of local, regional, and State transportation systems continue to be a high priority for the citizens of Bakersfield. Councilmember Couch has requested the attached resolution be placed on the agenda for approval by the City Council, urging the State Legislature and the Governor to protect Proposition 42 'State transportation funding in the next state budget. December 14, 2004, 10:42AM Proposition 42 Protection RESOLUTION A RESOLUTION OF THE COUNCIL OF THE CI'TY OF BAKERSFIELD RESPECTFULLY REQUESTING THE CALIFORNIA STATE LEGISLATURE AND GOVERNOR PROTECT PROPOSITION 42 STATE TRANSPORTATION FUNDING IN THE NEXT STATE BUDGET WHEREAS, the City CounCil of Bakersfield adopted a resolution on 'January 23, 2002 in support of Proposition 42, which was based on the principle that taxes paid at the gas pump should be used for transportation purposes, and WHEREAS, the California Ballot of March 2002 contained Proposition 42, whiCh required that the revenue from State sales tax on gas permanently go to transportation programs, and WHEREAS, 69% of the California voters approved this measure, and WHEREAS, since voter approval of Proposition 42 in March 2002, more than $2 billion in state transportation funding has been diverted from transportation projects statewide due to "fiscal emergencies" declared in FY 2002/03, FY 2003/04 and FY 2004/05, and WHEREAs, Proposition 42 funds are critical to the completion, of transportation projects throughout the State of California, and ~WHEREAS, repair and expansion of the local and state transportation system continues to be an issue of high priority for the citizens of Bakersfield, NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of Bakersfield that the City Council respectfully requests the California State Legislature and Governor protect Proposition 42 funding in the 2005/06 State budget. This resolution shall be forwarded to. Bakersfield local legislators and the Governor of the State of California. .......... o0o .......... I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the City Council of the City of Bakersfield at a regular meeting thereof held on ., by the following vote: AYES: COUNCILMEMBER CARSON, BENHAM, MAGGARD, COUCH, HANSON, SULLIVAN, SCRIVNER NOES: · COUNClLMEMBER ABSTAIN: COUNCILMEMBER ABSENT: COUNClLMEMBER CITY CLERK and EX OFFICIO of the Council .of the City of Bakersfield APPROVED HARVEY L. HALL MAYOR of the City of Bakersfield APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney By: VIRGINIA GENNARO City Attorney