HomeMy WebLinkAbout2003From: Bryan Lynn
To: Parks, Jean
Date: 12/16/2003 5:14:12 PM
Subject: Re: phone call re noise ordinance
Hi Jean-
I spoke with Mr Perales this afternoon. He is attuned to city issues and is highly supportive of the possible
ordinance change. He lives at 806 Provence Ct in Councilmember Couch's ward.
BLL
>>> Jean Parks 12/16/2003 2:58:12 PM >>>
Mr. Jess Perales
587-7876
Called because he heard on the radio today that the City is considering a noise ordinance change that
would allow charging for the second callout for noise complaints, such as loud parties late at night. He is
in favor of the ordinance and wanted to speak with someone. Trudy thought if you or someone in your
office had time, you might call him. If not, let us know. Thanks.
CC: Slater, Trudy
B A K E R S F I E L D
OFFICE OF THE CITY MANAGER
MEMORANDUM
August 19, 2002
TO: LEGISLATIVE AND LITIGATION COMMITTEE
SUBJECT: VOLUNTEEPJADOPTA HIGHWAY PROGRAMS
At its meeting of July 31, 2002, the City Council referred to the Legislative and Litigation
Committee the issue of requiring volunteer/adopt-a-highway program participants to
obtain commercial general liability insurance with a request to assess the benefit to the
City in having these programs and the feasibility of not requiring this type of insurance.
In February 2000, the City Council authorized the Adopt-An-Area program, under the
beautification program certified by Keep America Beautiful, Inc., and approval of form
Adopt-An Area contracts. In an attempt to minimize liability exposure to the City, the
Attorney's Office modified this sample contract form, adding language relating to
requiring $50,000 commercial general liability (CGL) insurance, adult supervision for
volunteers who are minors, noticing requirements, and additional language to ensure
volunteers comply with all municipal, state and federal requirements. Also identified
was Exhibit A, relating to guidelines and policies for Adopt an Area volunteers, and
Exhibit B, relating to waivers of liability.
The City Attorney's Office also recommended the Public Works Streets Division revise
its procedures relating to its Adopt A Highway program to closely follow that of the
Adopt-An-Area program. Consequently, a similar sample contract form was developed
for the Adopt-A-Highway program, including the request for $50,000 in CGL insurance.
It appears that the addition of the CGL insurance requirement has caused some
participants in the Adopt A Highway program to drop out of the program. This is a
concern as the City Council has traditionally encouraged citizens to participate in
various beautification programs which have taken place over the years.
Legislative and Litigation Committee
August 19, 2002
Page 2
The City's Risk Manager has contacted other cities to find out what they do relative to
Adopt A Highway programs. Anaheim and Fremont do not have Adopt A Highway
programs, while the City of Santa Monica has an Adopt A Block program which requires
participants to sign a release form releasing the city from any liability and stating they
are volunteers and not covered under the city's workers' compensation program. The
city also provides volunteers with an accident medical benefit policy which is secondary
coverage to any group or individual policy they may have. Volunteers are listed as an
insured on Santa Monica's liability program and are thus covered for any negligent acts.
The City of Modesto has an "Adopt A Wall" program which also involves cleaning up
sidewalks. Modesto has passed a resolution stating volunteers are covered under their
workers' compensation program. Volunteers are also covered under their liability
program.
The County of Kern's Adopt A Highway program requires a permit application contains
a statement that permittee understands that "there is a risk of injury from hazardous
objects, toxic materials or other conditions along the roadway, including the risk of
collision with vehicles using the road and on behalf of myself, my organization and all
participants, I expressly accept the risk of such hazards and waive any and all claims
against the County Kern for injury to persons or property sustained on the roadway
described above." The State of California reportedly also includes a 'hold harmless"
clause within its application for state Adopt A Highway programs.
Staff is concerned that the City's exposure to risk be minimized and the City of
Bakersfield Adopt a Highway Service Agreement was designed to limit that exposure.
The City Council has the added responsibility of weighing the risk to the City in these
types of activities against the perceived benefits of having an active and participatory
constituency willing to donate time and effort to Bakersfield beautification
Staff recommends that the Legislative and Litigation Committee support the Adopt-A-
Highway service agreement--rather than the more informal Street Process formerly
used--even if, after Committee consideration, the Committee feels the requirements for
CGL insurance should be removed.
(L&L\M0208191 -Volunteer-Adopt-A-HighwayPrograms)
Attachment
cc: Risk Manager Pat Flaherty
Deputy City Attorney Alan Daniel
AGREEMENT NO.'
CITY OF BAKERSFIELD ADOPT A HIGHWAY
SERVICE AGREEMENT
THIS AGREEMENT is made and entered into on , by and
between the CITY OF BAKERSFIELD, a Charter city and municipal corporation, ("CITY"
herein) and , a ("VOLUNTEER"
herein). '
RECITALS
WHEREAS, VOLUNTEER requests of CITY that'VOLUNTEER be allowed to adopt
a highway for beautification and clean-up purposes; and
WHEREAS, VOLUNTEER wishes to keep Bakersfield, California clean and
beautiful; and
WHEREAS, CITY wishes to keep Bakersfield, CalifOrnia clean and beautiful; and
WHEREAS, at VOLUNTEER's request CITY will include VOLUNTEER in its Adopt a
Highway Program.
NOW, THEREFORE, incorporating the foregoing recitals herein, CITY and
VOLUNTEER mutually agree as follows:
1. SERVICES. VOLUNTEER will provide services as per the adopted
guidelines and policies of the Adopt A Highway Program for one (1) year from the date of
this Agreement. Copies of the guidelines and policies are attached as Exhibit "A," and
made a part of this Agreement as though fully set forth. VOLUNTEER agrees to follow
said guidelines. VOLUNTEER further agrees to follow instructions given by CITY for the
clean-up task VOLUNTEER has-been assigned.
2. LOCATION/TIME. VOLUNTEER hereby adopts the following location as the
area for cleanup purposes:
3. RECOGNITION. VOI~UNTEER shall receive appropriate recognition for the
Adopt A Highway Program in appropriate CITY publications.
4. INSURANCE. VOLUNTEER shall procure and maintain a minimum
$50,000.00 CGL insurance. Additional insurance may be required .bY the department
ordering VOLUNTEER's services.
5. TERMINATION. This Agreement may be terminated by any party upon ten
City'sAdoptAHighwayServiceAgreement
T:~ATTORNEY-BOILER~DOPTAHIGHWAY.WPD ~w =d'3-~: 1 G'3 ' =d'3~E:~ w~
(10) days written notice, served by mail or personal service, to all other parties.
6. NO COMPENSATION. VOLUNTEER agrees in all Work performed
hereunder VOLUNTEER shall receive no compensation from CITY. VOLUNTEER is not
an employee of the CITY for any purpose and is not entitled to any of the benefits provided
by CITY to its employees including, without restriction, workers' compensation benefits,
insurance, or salary.
7. WAIVER OF LIABILITY. VOLUNTEER agrees to sign the Waiver of Liability
attached hereto as Exhibit "B," and incorporated herein by reference as though fully set
forth. VOLUNTEER agrees to have each individual, participating on behalf of
VOLUNTEER in the Adopt A Highway Program, sign .the attached Waiver of Liability.
VOLUNTEER fully understands that performance of the services specified in this
Agreement may involve some risk of injury to VOLUNTEER. VOLUNTEER, by signing the
Waiver of Liability, agrees to assume all risk which accompany the performance of the
services rendered by VOLUNTEER and VOLUNTEER will make no claim of any kind
against the CITY, its agents or employees, for any injuries which may arise from the
performance of VOLUNTEER's services.
8. ADULT SUPERVISION. At all times, VOLUNTEER shall provide adequate
adult supervision for minors participating in the clean-up.
9. BINDING EFFECT. The rights and obligations of this Agreement shall inure
to the benefit of, and be binding upon, the parties to the Agreement and their heirs,
administrators, executors, personal representatives, successors and assigns.
10. NOTICES. All notices 'relative to this Agreement shall be given in writing and
shall be personally served or sent by certified or registered mail and be effective upon
actual personal service or depositing in the United States mail. The parties shall be
addressed as follows, or at any other address designated by notice:
CITY: CITY OF BAKERSFIELD
CITY HALL
1501 Truxtun Avenue
Bakersfield, California 93301
VOLUNTEER:
11. NO PARTNERSHIP. CITY shall not be deemed a partner or joint venturer
with. VOLUNTEER.
12. COMPLIANCE WITH ALL LAWS. VOLUNTEER shall, at VOLUNTEER'S
sole cost, comply with all of the requirements of Municipal, State, and Federal authorities
City'sAdoptAHighwayServiceAgreernent
T:~,TTORNEY-BOILER'~ADOPTAHIGHWAY.WPD '' =d3's 2 G'3 ' =d'~-s~ ~'
now in force, or which may hereafter be in force, pertaining to this Agreement, and shall
faithfully observe in all activities relating to or growing out of this Agreement all Municipal
ordinances and State and Federal statutes, rules or regulations, 'and permitting
requirements now in force or which may hereafter be in force including, without limitation,
obtaining a City of Bakersfield business tax certificate (Bakersfield Municipal Code Chapter
5.02) where required.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed, the day and year first-above written.
"CITY" "VOLUNTEER"
CITY OF BAKERSFIELD
By:. By:
HARVEY L, HALL, Mayor
Its:
APPROVED AS TO FORM:
BART J. THILTGEN
City Attorney
By:
ALAN D. DANIEL
Deputy City Attorney
APPROVED AS TO CONTENT:
By:
RAUL ROJAS
Public Works Director
COUNTERSIGNED:
By:
GREGORY J. KLIMKO
Finance Director
Attachments: Exhibit "A" & Exhibit "B"
GUIDELINES AND POLICIES
CiysAdoptAHighwaySen/iceAgreement
T:'~ATTORNEY-BOILEF~ADOPTAHIGHWAY.WPD .v =d3-s 3 ~3 ' =d3-sh '"
FOR ADOPT A HIGHWAY VOLUNTEER(S)
WHAT: Pick up trash/litter.
WHERE:
WHEN:
HOW: By hand using City-issued gloves, vests, and trash bags. (Contact Coleen at
326-3118 for details.) Trash bags should be left adjacent to existing garbage
cans on the ....... (ie. Side of the park facing Truxtun).
· DO NOT go into or clean street medians (islands in the middle of the street).
· DO NOT clean bathrooms.
· DO NOT pick up anything that looks dangerous (syringes) or that makes you feel
uncomfortable.
· DO NOT bring or use your own supplies or tools.
REM EMBER: It is the responsibility of VOLUNTEER to provide adequate adult
supervision for minors participating in the clean-up. Please remember to follow all
-traffic and pedestrian laws and USE CAUTION AT ALL TIMES.
EXHIBIT "A"
WAIVER OF LIABILITY FOR ADOPT A HIGHWAY VOLUNTEER
City'sAdoptAHighwayServiceAgreement
T:~ATTORNEY-BOILER~DOPTAHIGHVVAY.WPD
Name:
Address:
Telephone:
Organization:
1. In consideration of being permitted to enter into the Adopt A Highway
Program of the City of Bakersfield the undersigned, for himself/herself and any personal
representatives, heirs, and next of kin, hereby acknowledges, agrees and represents that
he/she has voluntarily undertaken the services involved in the Adopt A Highway Program
and THE UNDERSIGNED HEREBY RELEASES, WAIVES, DISCHARGES AND
COVENANTS NOT TO SUE THE CITY OF BAKERSFIELD, ITS OFFICIALS, OFFICERS,
EMPLOYEES OR AGENTS FROM ALL LIABILITY TO THE UNDERSIGNED, HIS/HER
PERSONAL REPRESENTATIVES, ASSIGNS, HEIRS, AND NEXT OF KIN FOR ANY
LOSS OR DAMAGE,"AND ANY CLAIM OR DEMANDS THEREFOR ON ACCOUNT OF
INJURY TO THE PERSON OR-PROPERTY OR RESULTING IN DEATH OF THE
UNDERSIGNED, WHETHER CAUSED BY THE NEGLIGENCE OF THE CITY OF
BAKERSFIELD OR OTHERWISE WHILE THE UNDERSIGNED IS PARTICIPATING IN
THE ADOPT A HIGHWAY PROGRAM.
2. THE UNDERSIGNED HEREBY ASSUMES FULL RESPONSIBILITY FOR
AND RISK OF BODILY INJURY, DEATH OR PROPERTY DAMAGE DUE TO THE
NEGLIGENCE OF THE CITY OF BAKERSFIELD OR OTHERWISE WHILE
PARTICIPATING IN THE ADOPT A HIGHWAY PROGRAM. THE UNDERSIGNED
FURTHER EXPRESSLY AGREES THE FOREGOING RELEASE AND WAIVER OF
LIABILITY IS INTENDED TO BE AS BROAD AND INCLUSIVE AS IS PERMITTED BY
THE LAW OF THE STATE OF CALIFORNIA AND THAT IF ANY PORTION THEREOF IS
HELD INVALID, IT IS AGREED THAT THE BALANCE, NOTWITHSTANDING, CONTINUE
IN FULL FORCE AND EFFECT.
3. THE UNDERSIGNED HAS READ AND VOLUNTARILY SIGNS THIS
RELEASE AND WAIVER OF LIABILITY, AND FURTHER AGREES NO ORAL
REPRESENTATIONS, STATEMENTS OR INDUCEMENTS APART FROM THIS
WRITTEN AGREEMENT HAVE BEEN MADE.
DATE: Volunteer or Parent or Guardian Signature:
PLEASE PRINT: (If Applicable)
Name of child participating:
Age: __ Address:
Parent or Guardian Name:
Telephone: Work Phone:
Emergency Contact Name and Phone:
City'sAdoptAHighwayServiceAgreement
T:~ATrORN EY-BOILER'~,DOPTAHiGHWAY.WPD
EXHIBIT "B"
City'sAdoptAHighwayServiceAg reement
T:~,TTORN EY-BOILE R'~ADOPTAHIG HWAY.W P D
10/30/01 TUE 09:32 FAX CITY OF BKSFD BI,DING DPT I~i001
CITY OF BAKERSFIELD - STREET PERMIT
Ls~ed by ~he Cit~ Engineer and Sul~rintend~ut of Stec~ts PenaR No.: ST-20164
I$01 Tmx~m A~, Bak~sfield, CA 93301 Approved Date: 10/26/2001
Offtce:(805)326-3724 Insp~ction:(805)32~-3049 Expi~ Dat~: 10/26/2003
Applicant is hereby/~anted permission, subject to the provisions o/all City Or~i~es applicable thereto,
and will assume msponsibfliti~ for all ~__,v,,§es to s~-e6is or other pmp~y ~ may result from
$0.00
Located at: 4101 TRLrXTUN AVE BAK
DETAIL LOCATION DESCRIPTION: APPLICANT: ~ BAKERSF~n~-!.F~ BEAUTIFUL COMMTFFEE
TRUXTUN AVE FROM STATE ROUTE 99 TO COFFEE ROAD PHONE NUMBER :589-5674
DESCRIPTION OF WORK:
ADOPT A HIOHWAY PROGRAM - REMOVE LII-rER FROM
STREET. RIGHT OF WAY A MIIqlMUM OF 4 TIMES PER YEAR
CONTACT ERNIE ARRIOLA AT STREET DEPT TO ARRAHGE
All necessary grading, backiillil~, resurfacing and clemmp to be done by the applicsm-
If the tr~nah or excavation is five feet or deeper, applicant .,h, ll, at applicants sole cost, comply with
all of the requirements of Municipal,' Stat~, Federal aulhorities now in force, or which may here, af~ be
in force, incl-dl-.., ail provisions and regulations of_the Labor Code of the S~ate of Califomin. Applicant
shall be responsible for ob,Ai,~.g the reqult~ permits from Municipal, State and Federal Authorities.
PRIOR to proceeding with any of the work
Ia consideration of granting this permit, applicant shall ind~l~-,,~i~, clefe~d, and hold harniless the ~it,],
ils office~, agents and .~loyees a§alnst any and all liability, olaims, actions, causes of action, or
demn~ whalaoever against thealt, or any of them, lbr injury m or death of persons or damange to property
ariaing out ot~ connected with, or caused by ~plicant, applicant's employees, agents or independent
contractor~ or ¢ompaniea in the performance of, or in any way arising from, ~he terms and provisions
of th~ permit.
THIS PEILMrr IEXPIRT:.S ON 10/26/2003 . FAILURE TO COIv[PLE'I'E WORK AUTHORIZED ON THIS PERMIT BY
DATE OF
EXPIRATION MAY RESULTS I'N ADDITIONAL COST COST~ TO YOU IF THE CITY MUST COMPLETE TIIE WORIC-
TIME EXTENSION REQUEST MUST BE APPROVED BY TIIE CITY INSPECTORS PRIOR TO THE EXPIRATION DATE.
REFUND :-
NAME: (44) PERMIT FEE: $0.00
ADDRESS: ~ , (ID) PAV DEG: $0.00
/~ tx /'~ EgCrRA INSP: $0.00
! ~'tl !~'t" TOTAL : · $0.00
LICANT , REFUND : $0.00 '
INSPECTORS REPORT:~ BY INSPECTOR:
*~24 HOUR NOTICE IS REQUIRED FOR ALL INSPECTIONS A.ND
__ 10/30/0i TUB 09:33 FA.l[ CITY OF BKSFD BLDING DPT ~002
CITY OF BAKERSFIELD
STREET PERMIT FOR ADOPT-A-HIGHWAY PROGRAM
lS~UEO BY THE (~I'TY £~INE~q ~ SUPeRINTENDeNT OF STRE£T8
1715 C~4~:~1'~ AVENU~ BAI~RSFIELD, CA g~301
TEL: 326-~5~8 FA~:
ATTACHMENT TO PERMTT NO.~
In consideration of granting this permit, applicant shall
indemnify, defend, and hold harmless City, its officers, agents and
employees against any and all l~ability, claims, actions, causes of
action or demands whatsoever against them, Or any of them, for
injury to or death of persons or damage to property arising out of,
connec=ed with, or caused by applicant, applicant's employees,
agents or independent contractors or companies in the performance
of, or in any way arising from, the terms and provisions of this
permit.
The Superintendent of Streets shall have the authority to
revoke this permit at any time with or without cause upon seven (7)
days notice.
SIGNA~E OF
DATE
B A K E R S F I E L D
OFFICE OF THE CITY MANAGER
MEMORANDUM
August 5, 2003
TO: Honorable Mayor and City Council
FROM: Trudy Slater, Administrative Analyst III ~
Staff to Legislative and Litigation Committee
SUBJECT: Review of League's Annual Resolutions
Attached please find copies of the proposed League resolutions which will be voted on
at the League's Annual Conference in Anaheim, September 7-10, 2003. The two
resolutions contained within the information in the packet will be presented to you for
determination at the Council meeting of August 27, 2003. The Council's approval and
direction will provide guidance to the City's Conference Voting Delegate at the League's
annual business meeting in the Sacramento Convention Center on September 10,
2003.
The schedule of the Legislative and Litigation Committee precludes it from meeting prior
to the Council meeting on August 27. Staff recommendations, therefore, will be
presented to you for your consideration at the August 27th Council meeting.
P:\L&L\LeagueResolutions\M0308052-HMCC
B A K E R S F I E L D
OFFICE OF THE CITY MANAGER
MEMORANDUM
August 5, 2003
TO: Department Heads
Alan Tandy, City Manager
Bart Thiltgen, .City Attorney
John Stinson, Assistant City Manager
Alan Christensen, Assistant City. Manager
Gene Bogart, Water Resources Manager
Eric Matlock, Police Chief
Ron Fraze, Fire Chief
Jack Hardisty, Development Services Director
Gregory Klimko, Finance Director
Raul Rojas, Public Works Director
Donna Kunz, Economic Development Director
FROM: Trudy Slater, Administrative Analyst III ~
Staff to Legislative and Litigation Committee
SUBJECT: Review of League's Annual Resolutions
Attached please find copies of the proposed League resolutions which will be voted on at the
League's Annual Conference in Anaheim, September 7-10, 2003. The two resolutions cover
amendments to the League's bylaws and proposed federal legislation to expand wilderness
and wild and scenic river designations. Text of the resolutions can be found on pages 1
through 4 with background information provided later in the document.
Due to schedule conflicts, the Legislative and Litigation Committee will not be reviewing the
resolutions in Committee meeting prior to Council submission. It is, therefore, especially
important for adequate staff review.
Please review and return your comments to me by no later than Wednesday, August 13,
2003 so recommendations can be placed on the August 27 Council meeting. Thank you.
P:\L&L\LeagueResolutions\M0308051 -Dept
Attachment
July 30, 2003 ~ _ ~ ..,.~r~ .i i
~.~. ~.~0, i ~
To: ~
MAYORS AND ... -.., -..~.~:.
CITY MANAGERS ................ ';. ;-.--" .-..
MEMBERS OF THE LEAGUE BOARD OF
DIRECTORS
MEMBERS OF LEAGUE POLICY
COMMITTEES
MEMBERS OF GENERAL RESOLUTIONS
COMMITTEE
RE: TRANSMITTAL OF LEAGUE OF CALIFORNIA CITIES 2003 ANNUAL CONFERENCE
MEETING NOTICE AND RESOLUTIONS PACKET
The 'League of California Cities' Annual Conference will occur on September 7-10 at the
Sacramento Convention Center. Registration information has been previously sent to the city
and :is available at www.cacities.orq.
Note to City Managers and City Clerks: Please immediately distribute this packet to the mayor
and to other city officials planning to attend the 2003 Annual Conference. If additional copies
are required, we urge you to reproduce them in your city or print a copy from the League's
CITYLINK Website (http:llwww.cacities.orql2OO3resolutions). Additional copies are not available
from the League, but a limited number will be available at the Conference.
At the Conference, two policy committees, the General Resolutions Committee and the League's
General Assembly will consider the two resolutions, one of which would amend the League's
bylaws. This proposed amendment relates to special meetings, membership resolutions, voting,
quorums, division bylaws and membership, officer election timing and the bylaws amendment
process.
This packet contains information relating to the Annual Conference decision-making process:
I. Information and Procedures
II. Guidelines for Annual Conference Resolutions
III. Location of Meetings
IV. Membership of General Resolutions Committee
V.. History of Resolutions
VI. Annual Conference Resolutions
- Summary of Changes and Redline Version of Bylaws, Resolution #1
- Background Information, Resolution #2
Please Bring This Packet With You to the Annual Conference
-~- September 7-10, 2003 -- Sacramento Convention Center
INFORMATION AND PROCEDURES
RESOLUTIONS CONTAINED IN THIS PACKET. The League bYlaws provide that resolutions
shall be referred by the president to an appropriate policy committee for review and
recommendation. Resolutions with committee recommendations shall then be referred to the
General Resolutions Committee at the annual conference.
This year, two resolutions have been introduced for consideration by the annual conference.
One has been referred to the League's Environmental Quality Policy Committee and the other, a
bylaws amendment, has been' referred to the Administrative Services Policy Committee.
BOTH POLICY COMMITTEES will meet at the annual conference on Sunday, September 7,
2003, 1:30-3:30 p.m., Sacramento Convention Center. The sponsors of both resolutions were
notified of the time and location of the meeting.
After resolutions are reviewed, recommendations will be made to the General Resolutions
Committee.
THE GENERAL RESOLUTIONS COMMITTEE will meet at 10:15 a.m. on Tuesday,
September 9, 2003, at the Sacramento Convention Center, rooms 315-316, to consider the
reports of the policy committees. This committee includes one representative from each of the
League's regional divisions, functional departments, and standing policy committees, as well as
additional city .officials appointed by the League president.
THE GENERAL ASSEMBLY will convene at 10:00 a.m. on Wednesday, September 10,
during the Annual Business Meeting in the Sacramento Convention Center to consider the
report of the General Resolutions Committee.
Resolutions considered by the General Assembly will retain the numbers assigned to them in
this document.
INITIATIVE RESOLUTIONS. For those issues that develop after the normal 60-day deadline, a
resolution may be introduced with a petition signed by designated voting delegates of 10 percent
of all member cities (48 valid signatures required) and presented to the Voting Delegates Desk
no later than 24 hours prior to the time set for convening the Annual Business Session of the
General Assembly. This year, the deadline is 10:00 a.m., Tuesday, September 9. If the
parliamentarian finds that a petitioned resolution is substantially similar in sUbstance to a
resolution already under consideration, the petitioned resolution will be disqualified.
Resolutions can be viewed on the League's website: http://www.cacities.orq/2003resolutions.
Any questions concerning the resolutions procedure should be directed to Linda Hicks in the
Sacramento League office at Ihicks~cacities.orq or (916) 658-8224.
John Russo, President
League of California Cities
City Attorney, Oakland
ii
II.
GUIDELINES FOR ANNUAL
CONFERENCE RESOLUTIONS
Policy development is a vital and ongoing process within the League. The principal means for
deciding policy on the important issues facing cities and the League is through the standing
policy committees and the board of directors. The process allows for timely consideration of
issues in a changing environment and assures city officials the opportunity to both initiate and
influence policy decisions.
This influence may be exercised directly through participation as a policy committee member
or as a city official visiting a committee meeting to advance a position on an issue under the
committee's purview. If committee membership or personal attendance is not feasible, city
officials may affect policy decisions indirectly through department or division representatives on
the policy committees or the board of directors.
Annual conference resolutions constitute an additional process for developing League policies.
It is recommended that' resolutions adhere to the following criteria.
Guidelines for Annual Conference Resolutions
1. Only issues that have a direct bearing on municipal affairs should be considered or
adopted at the Annual Conference.
2. The issue is not of a purely local or regional concern.
3. The recommended policy should not simply restate existing League policy.
4. The resolution should be directed at achieving one of the following objectives:
(a) . Focus public or media attention on an issue of major importance to cities.
(b) Establish a new direction for League policy by establishing general principals
around which more detailed policies may be developed by policy committees and
the Board of Directors.
(c) Consider important issues not adequately addressed by the policy committees
and Board of Directors.
(d) Amend the League bylaws.
111
III.
LOCATION OF MEETINGS
Policy Committee Meetings
Sunday, September 7, 2003
Sacramento Convention Center
1400 J Street
Sacramento, CA 95814
NOTE:
*Only the Administrative Services and Environmental Quality Policy Committees have
resolutions to consider.
Some of the remaining policy committees may be meeting to discuss other issues not
related to resolutions. Thus, meeting times for all committees are listed below.
11:30 a.m. - 1:30 p.m. 1:30 p.m. - 3:30 p.m.
· Community Services · Administrative Services*
· Employee Relations · Environmental Quality*
· Revenue and Taxation · Housing, Community & Econ. Dev.
· Public Safety- CANCELLED · Transportation, Communication &
Public Works - CANCELLED
General ResOlutions Committee
Tuesday, September 9, 2003, 10:'15 a.m., Rooms 3'15-316
Sacramento Convention Center
1400 J Street
General Assembly at the Annual Business Meeting
Wednesday, September 10, 2003, 10:00 a.m.
Sacramento Convention Center
1400 J Street
IV.
League of California Cities
2003 GENERAL RESOLUTIONS COMMITTEE
Annual Conference - Sacramento Convention Center, September 7 - 10, 2003
(Committee Meeting: September 9, 2003, 10:15 a.m., Rooms 315-316)
Chair: Pat Eklund, Mayor Pro Tem, Novato
Vice Chair: Anthony Portantino, Council Member, La Canada Flintridge
Parliamentarian: Aden Gregorio, Mediator, San Francisco
Harry Armstrong, Council Member, Clovis Robin Lowe, Council Member, Hemet
Ed Balico, Mayor, Hercules Jim Madaffer, Council Member, San Diego
Vince Bertoni, Planning Mgr., Santa Clarita Thomas Martin, Council Member, Maywood
Sherrie Blackmun, Mayor, Colfax Judy Mitchell, Mayor Pro Tern, Rolling Hills Estates
Bill Bogaard, Mayor, Pasadena Rudy :Natoli, Mayor'Pro Tem, Pismo Beach
Tony Bruscia, Vice Mayor, Hollister Dale Pfeiffer, Director of Public Works, Vacaville
Carolyn Cavecche, Mayor Pro Tem, Orange Don Rogers, Parks, Rec. & CS Director, Culver City
Steven Cho, Council Member, Fremont Betty Sampson, Council Member, Imperial
Alberta Christy, Council Member, Santa Ana Cam Sanchez, Police Chief, Santa'Barbara
Tom Cooke, Council Member, Fortuna Dan Secord, M.D., Mayor Pro Tem, Santa Barbara
Pat Dando, Vice Mayor, San Jose Ray Silver, City Administrator, Huntington Beach
Patty Davis, Council Member, Chula Vista Ken Slavens, Mayor, St. Helena
Lorraine Dietrich, Council Member, Livermore Russell Tingley, Fire Chief, Hermosa Beach
David Doolittle, Council Member, Yuba City Joe Vasquez, Mayor, Rosemead
lya Falcone, Council Member, Santa Barbara Gail Vasquez-Connolly, City Clerk, Norwalk
Joe Fernekes, Council Member, So. San Francisco Rita Vogler, Council Member, Hesperia
Terry Henderson, Council Member, La Quinta Billy Wallen, Vice Mayor, Turlock
Susan Hitchcock, Mayor, Lodi Nettie Washington, Council Member, Tulare
Erling Horn, Vice Mayor, Lafayette Edward J. Wilson, Council Member, Signal Hill
Peter Jukusky, Mayor Pro Tem, Williams Kurt Wilson, Council Member, Rialto
Barbara Kerr, Council Member, Alameda Mayna Winter, Council Member, Imperial Beach
Craig Labadie, City Attorney, Concord Gordon Youngs, Personnel Director, Brea
Anita Lawrence, Finance Director, Camarillo
HISTORY OF RESOLUTIONS
Resolutions have been grouped by policy committees to which they have been assigned.
KEY TO REVIEWING BODIES KEY TO ACTIONS TAKEN
1. Policy Committee A- Approve
2. General Resolutions Committee D - Disapprove
3. General Assembly N - No Action
R- Refer to appropriate policy committee
for study
Action Footnotes a- Amend
* Subject matter covered in another resolution Aa- Approve as amended
** Policy Committee will make final Aaa - Approve with additional amendment(s)
recommendation.at October 2nd meeting
Ra- Amend and refer as amended to
*** Existing League policy appropriate policy committee for study
**** Local authority presently exists Raa - Additional amendments and refer
Da - Amend (for clarity or brevity) and
Disapprove
Na - Amend (for clarity or brevity) and take
No Action
W - Withdrawn by Sponsor
[Procedural Note: Resolutions that are approved by the General Resolutions Committee, as well as
all qualified petitioned resolutions, are reported to the floor of the General Assembly. At the 1998
Annual Conference, the League General Assembly approved Resolution #2, which established a
procedure to give the General Assembly the additional opportunity to consider any resolutions
approved by League policy committees but not approved by the General Resolutions Committee.
Following the adoption of Resolution #2-1998, League policy now provides that:
Every resolution initially recommended for approval .and adoption by all the League policy
committees to which the resolution is assigned, but subsequently recommended for disapprOval,
referral or no action by the General Resolutions Committee, shall then be placed on a consent
agenda for consideration by the General Assembly. The consent agenda shall include a brief
description of the bases for the recommendations by both the policy committee(s) and General
Resolutions Committee, as well as the .recommended action by each. Any voting delegate may
make a motion to pull a resolution from the consent agenda in order to request the opportunity to fully
debate the resolution. If, upon a majority vote of the General Assembly, the requestfor debate is
approved, the General Assembly shall have the opportunity to debate and subsequently vote on the
resolution.]
vi
Number Key Word Index Reviewing Body Action
1 - Policy Committee Recommendation
to General Resolutions Committee
2 - General Resolutions Committee
3 - General Assembly
ADMINISTRATIVE SERVICES POLICY COMMITTEE
1 2 3
Regarding Special Meetings, Membership
Resolutions, Voting, Quorums, Division Bylaws and
Membership, Officer Election Timing and the Bylaws
Amendment Process.
ENVIRONMENTAL QUALITY POLICY COMMITTEE
1 2 3
2. Resolution Relating to Proposed Federal Legislation
to. Expand Wilderness and Wild and Scenic River
Designations.
NO RESOLUTIONS WERE ASSIGNED TO THE FOLLOWING POLICY COMMITTEES:
Community Services
Employee Relations
Housing, Community and Economic Development
Public Safety
Revenue and Taxation
Transportation, Communication and Public Works
RESOLUTIONS INITIATED BY PETITION
General
Resolutions General
Committee Assembly
Recommendation Action
vii
VI.
2003 ANNUAL CONFERENCE RESOLUTIONS
Resolution Referred To Administrative Services Policy Committee
1. 'RESOLUTION AMENDING BYLAWS OF THE LEAGUE OF CALIFORNIA CITIES
Source: Board of Directors
Referred to: Administrative Services Policy Committee
Recommendation to General Resolutions Committee:
(Note: Adoption of amendments of the League bylaws requires a two-thirds vote of the
General Assembly.)
WHEREAS, in May, the League held what is believed to be its first-ever "special"
membership meeting; and .....
WHEREAS, the League's bylaws provide for special meetings, but include scant
procedural direction for such meetings; and
WHEREAS, the board of directors adopted policies to fill the gaps for May's special
membership meeting, and requested that the bylaws 'be reviewed with respect to these
issues as well as issues of voting thresholds; and
WHEREAS, the League's regional divisions have generally been placing greater
emphasis on governance, updating and expanding their own bylaws, .and it has been felt..
that the League's bylaws should allow greater flexibility in division bylaws; now, therefore,
be it
RESOLVED, by the General Assembly of the League of California Cities assembled
in Annual Conference in Sacramento, September 10, 2003, that the League approve the
proposed bylaws amendments for the League of California Cities that are incorporated
herein by reference.
Following is a summary of proposed bylaws changes. A redline version of the bylaws
and proposed changes is attached to this resolutions packet starting on page 7.
Summary of Proposed Bylaws Changes - 2003
· Relocation of Definition of General Assembly. Take the definition of the League's
"General Assembly" out of the Annual Conference section relating to membership meetings
(see article V, sections 1 and new section 3).
· Relocation of Quorum and Voting Provisions. Put all quorum and voting information in
Article XI (removing it from article V; see also removal of language from old article VII,
section 11, relating to board quorum and voting).
· Consistency in "Germane-ness" Language, Make the language in article VI, sections 1
and 5(e) consistent with respect to the germane-ness issue.
· Resolution.Process Limited to Annual Conference. Limit certain aspects of the
resolutions process to the Annual Conference General Assembly (see article VI, section 5 in
particular as it relates to petitioned resolutions), because of the practicalities associated with
a one-day special meeting.
· Election of'League Officers During Annual Conference. Remove the limitation that the
officers be elected at a board meeting at the "conclusion of" the annual conference (see
article VIII, section 3)--this created a problem last year.
· Additional At-Large Board Members, Allow the election of an additional at-large board
member if one or more of the eight largest cities already serves on the board as an officer
(see article VII, section 2). Note that the Administrative Services Policy Committee did not
· consider this change.
· Division Names. Remove what appears to be superfluous language in article IX, section 3,
relating to division names (we say what the division names are in section l(a) of that
article).
· Division Bylaws. Allow regional division bylaws to specify different criteria with respect to
voting (see article IX, section 6--which parallels language in the department article).
· Failure to Achieve a Quorum. Specify that whenever a body other than the League board
doesn't have a quorum, their action is advisory to the League board (see Article XI, new
section 1 (c)).
· Voting Procedures. Allow voice votes at general assemblies (see article XI, section 2(b)
and specify that a majority of those voting is necessary for approval of most .items (see
article Xl, new section 3);
· Eligibility to Hold Subunit Offices. Allow regional divisions and functional departments to
impose additional eligibility requirements for officeholders of those subunits (see article XlI,
section 1 (a)).
· Changing League DivisiOns. Cities wishing to change divisions should secure the
approval of both divisions and the League's board of directors, as opposed to the General
Assembly (see article IX, section 5).
INote: See page 7 for redline version of bylaws and proposed changes. I
I
2
Resolution Referred to Environmental Quality Policy Committee
2. RESOLUTION RELATING TO PROPOSED FEDERAL LEGISLATION TO
EXPAND WILDERNESS AND WILD AND SCENIC RIVER DESIGNATIONS
Source: Desert/Mountain Division
Referred to: Environmental Quality Policy Committee
Recommendation to General ResolUtions Committee:
WHEREAS, Senate Bill 2535 the "California Wild 'Heritage Act of 2002" and
companion House Bills 4947, 4948 and 4949 were presented to the last Congress; and
WHEREAS, if adopted these bills would designate certain lands as wilderness and
certain .rivers and streams would be designated as wild and scenic; and
WHEREAS, additional designations of wilderness and wild and scenic rivers in many
of these areas may have negative impacts on the general public right to use such areas;
and
WHEREAS, additional designations of wilderness and wild and scenic rivers in many
of these areas may have negative impacts on the well being and economic growth of local
municipalities and their citizens adjoining the proposed areas; and
WHEREAS, if there is truly a determination of the need for additional wilderness
areas and wild and scenic rivers in defined geographic areas, those areas should be
proposed by specific legislation after focused public disclosures and hearings; and
WHEREAS, S. 2535 and the House Bills 4947, 4948 and 4949 would impose
wilderness and wild and scenic river designations upon a myriad of acreages throughout the
State of California; and
WHEREAS, this "one size fits all" approach across the State by the Federal
government makes local determinations of what actual effects such designations will have
on the areas affected complex at best; and
WHEREAS, local control and input to proposed legislation is a core value of the
League of California Cities; now, therefore be it
RESOLVED, by the General Assembly of the League of California Cities assembled
in Annual Conference in Sacramento, September 10, 2003, that the League support the
request of the Desert Mountain Division to urge the sponsors of S. 2535 and H.R. Bills
4947, 4948, and 4949 to offer individual, specific legislation for each proposed or expanded
wilderness and wild and scenic river area; and be it further
3
RESOLVED, that the League of California Cities will develop and impart to each
member city a review of each proposed or expanded wilderness and wild and scenic river
area within their respective divisions; and be it further '
RESOLVED, that each member city is urged to fully participate in the review and
conclusions of each proposed or expanded wilderness and wild and scenic river area within
their respective divisions; and be it further
RESOLVED, that the sponsors of S. 2535 and H.R. Bills 4947, 4948, and 4949
continue their efforts to 'involve local governments, both city and county, in the formulation
of legislation that will designate areas as wilderness or wild and scenic rivers.
4
BACKGROUND INFORMATION ON RESOLUTION NO. 2
PROVIDED BY THE SPONSOR
SOURCE: DESERT/MOUNTAIN DIVISION
TITLE: RESOLUTION RELATING TO PROPOSED FEDERAL LEGISLATION TO
EXPAND WILDERNESS AND WILD AND SCENIC RIVER DESIGNATIONS
Purpose:
The purpose of this memo is to provide a discussion on the subject federal
legislation in order to facilitate discussions of the proposed resolution.
Background:
In 2002, our member city Bishop, California, raised concerns about the proposed
federal legislation know as the "California Wild Heritage Act of 2002," S.2535, sponsored in
the Senate by Barbara Boxer with companion house legislation.
As a result of those concerns, our division sponsored a resolution asking the League
of California Cities to take an "oppose" position on the legislation. The League's
Environmental Quality Policy Committee held hearings and adopted that "oppose" position,
forwarding it to the League's General Resolutions Committee at the annual conference
where it became Annual Conference Resolution Number 7.
At the meeting of the General Resolutions Committee, representatives of Senator
Boxer's office presented the committee a letter from Senator Boxer, which that Senator
Boxer felt the league had not given her proposed legislation a complete hearing and asked
the league to refer the issue back to the Environmental Quality Policy Committee for further
discussions. Senator Boxer's representative agreed to participate "more fully" in the
discussions.
As a result of follow-on discussions and negotiations, the Desert Mountain Division
agreed to withdraw its oppose resolution and adopted a resolution urging that Senator ...
Boxer and sponsors of companion legislation submit separate legislation for each proposed
wilderness area or expanded wilderness area and each proposed wild and scenic river or
expanded wild and scenic river designation
Discussion:
The Desert Mountain Division and its member cities believe the key issue with the
proposed legislation is a failure of sponsors to address the concerns of localities affected by
the proposed legislation. Close examination shows this to be sweeping legislation involving
virtually every national forest, monument, preserve plus a large-portion of the California desert,
and numerous streams, creeks, and rivers
With this level of impact, it is important that the league protect its member cities from
the broad-brush push contained in the legislation of "one size fits all. ~
5
Numerous other entities have adopted "oppose or watch" positions. Both Tulare and
San Bernardino County Supervisors have adopted an oppose position because of its failure
to address the impact on -the central valley water supplies - a crucial issue in many areas -
or because of the legislation's failure to address the impact on local tax revenues - an
especially crucial issue in today's budgetary environment.
Military bases are concerned because such designations will negatively impact
training in-adjacent training areas. Some commanders see the biggest impact on military
over flights in the wilderness areas. 'Fhese include Edwards Air Force Base and its test
facilities, the U.S. Army NTC, China Lake, and the Marine Training facility in the Bishop-
Mammoth Lakes area.
Some groups have adopted a "watch" position because the legislation Was modified
declaring, "continuation of military activities, including over flights, military maneuver, testing
and evaluation, and other activities without limit to frequency is not incompatible with the
protection and proper management of the wilderness and wild and scenic river resources
designated by this Act."
However, there is still "real concern" of where this could lead in the long term once
wilderness designations are made. Future lawsuits could reverse this issue in "Wilderness
and Wild and Scenic River" designations.
There is also concern among some groups that normally support this type of
legislation.
What comes out in all of this goes back to Bishop's original concern -"they are
ignoring us. That theme is constant among all those that have taken oppose or watch.
. positions. Hopefully, the weights of the League will encourage Senator Boxer's office to
open dialog with local entities.
The Desert Mountain Division understands the need to protect our natural resources
and that after careful consideration some expanded wilderness or new wilderness areas
and wild and scenic rivers may need to be adopted. However, each proposal should be
handled by separate legislation that will allow local input.
The Division feels this should be the League's major concern -- protecting those
member entities from the one size fits all policy. The Desert Mountain Division therefore
encourages all member cities to support this resolution that encourages the legislative
sponsors to open a direct and real dialogue on each proposed expanded or new wilderness
area or wild and scenic river.
6
Bylaws for the
League of California Cities~
As Proposed to Be Amended at the 2003 Annual Conference
(Additions are indicated by underlinin,q, deletions are indicated by~-~,~k-e-eu~)
Effective r~,.,,,,,..r.......~..., ..,~ ......,.'~n~° September 11,2003
Article I: General ·
Section 1: Corporation Name, This corporation is the League of California Cities (the
League).
Section 2: Offices. The principal office of this corporation shall be located in Sacramento,
California. The League Board of Directors (League Board) may establish such other League
offices as it deems necessary to the effective conduct of League programs.
Section 3: Compliance with Governing .Laws. In all matters not specified in these bylaws,
or in the event these bylaws do not comply with applicable law, the California Nonprofit
Corporation Law applies.
Article I1: Purpose and Objectives
Section 1: General. The League's purpose is to strengthen and protect local control for cities
through education and advocacy to enhance the quality of life for all Californians.
Section 2: Objectives. The League's objectives are the following:
(a) Advocate legislation that results in benefits to Member Cities,
(b) Communicate to Member Cities and the public on issues related to the general
welfare of citizens in California cities,
(c) Pursue strong intergovernmental relationships to promote the well being 'of'California
cities,
(d) Organize educational opportunities, such as conferences of city officials,
(e) Stimulate greater public interest and more active civic consciousness as to the
importance of cities in California's system of government,
(f) Collect and disseminate information of interest to Member Cities, and
(g) Engage the membership in a continuing analysis of the needs of Member Cities.
Note: All.footnotes are for reference and explanation only and are not part of the bylaws text.
7
Article II1: Membership
Section 1: Qualification.
(a) Cities. Any city, or city and county, in California may, by the payment of annual
dues-prescribed in Article IV, become a Member City and as such is entitled to League
services and privileges
(b) Elected and Appointed Officials. All elected and appointed officials2 in Member
Cities are members of the League.
Section 2: Termination. Membership is suspended or terminated whenever any of the
following occurs:
(a) The Member City resigns by giving written notice to the League;
(b) The Member City does not pay dues, fees or assessments in the amounts and terms
set by the League Board; or
(c) An event occurs that makes the Member City ineligible for membership.3
Section 3: Honorary Members. Any person who has given conspicuous service for the
improvement of city government may, by the vote of the League Board, be granted .an honorary
membership in the League. All ex-presidents of the League are Honorary Members. Hono[ary
Members as such do not have a voice or vote in any of the meetings of the League and do not
have membership status in the League for purposes of state and federal laws.
Section 4: Non-Liability. No Member City is liable for the debts or obligations of the League.
Article IV: Dues
Section 1: Establishment. The League Board establishes the League's dues annually
according to city population. The population of each city is the population used by the State
Controller in making the most recent allocation of subventions to cities.
Section 2: Increase in Dues.
(a) Board Vote Requirement. Any increase in dues must be approved by the League
Board by a two-thirds vote. The League Board's approval shall be accompanied by an
explanation of the need for the increase, including but not limited to:
(i) Increases in the League's costs related to general increases in the consumer
price index or other factors; and/or
(ii) The expansion of existing programs or initiation of new programs.
'Appointed officials" includes professional city staff.
See Cal. Corp. Code § 7341(c) (requiring termination procedures to be included in bylaws). An example of the latter (section 2(c)) would be
disincorporation.
8
(b) Member City Ratification Requirement. Any dues increase that exceeds either the
"consumer-price index" for the Preceding twelve months or five percent (whichever is
greater) requires Member City ratification. In no event, however, shall the League Board
approve a dues increase in excess of ten percent without Member City ratification.
(i) "Consumer Price Index" Defined. For purposes of this section, the
consumer price index is the California consumer price index for all urban
consumers calculated by the California Department of Industrial Relations or its
state or federal successor.
(ii) Approval Threshold. Member City ratification requires a majority of Member
Cities casting votes.
(iii) Mechanism for Seeking Approval. The ratification may occur at the
League's General Assembly (see Article V,-seet~,MJ¢~)) or by using the mail
balloting procedure (see Article XI, section 5).
(c) Dues Cap. In no event will a Member City's dues increase by more than $5,000 per
year.
Section 3: Delinquency, Any Member City of the League who is delinquent in dues, fees or
assessments may be suspended or have that member's membership terminated as provided in
Article III, section 2.
Article V: Membership Meetings
Section 1: Annual Conference.
(a) Time and Place. The League's regular Annual Conference is held at the time and
place as the League Board determines. In case of any unusual conditions or
extraordinary emergency, the League Board may, at its discretion, change the time or
place of the meeting.
(b) Conference Program Planning. The League Board shall establish an Annual
Conference program planning process that provides for input from representative
segments of the League's membership.
SectiOn 2: Special Meetings. Special meetings of the League may be called by the League
Board and shall be called by the League Board upon the written request of forty Member Cities.
Section 3: City Delegates as General Assembly.
(a) Designation. Each Member City may, with the approval of the city council,
designate a city official as the city's designated votin.q deleqate or alternate deleqate.
~
(b) Membership Decision-makinR Body. Desi.qnated votin.q dele.qates (or their
alternates) constitute the Leaque's General Assembly.
(c) Re.qistration for Annual Conference. For General Assemblies held in conjunction
with the Annual Conference, desi.qnated votinq dele.qates must reqister to attend the
Annual Conference
Section-3~_: Notice of Meetings. Notice shall be given to all Member Cities of the time and
place of all regular and special meetings by mailing a written notice at leaSt fifteen days prior to
each meeting, or by publishing a notice of the meeting at least two weeks prior to the meeting
in the official publication of the League; provided, however, that failure to receive such notice
does not invalidate any proceedings at such meeting.
Section 45: Parliamentarian. The League President shall appoint a Parliamentarian to
resolve .procedural issues at the League's General Assembly and in Resolutions Committee
meetings.
Section-S6: Credentials. Designated voting delegates must register tc attend thc ,%qnual
Conference c~d with the Credentials Committee. The League President shall appoint a three-
person Credentials Committee no later than the first day of the ,~,~,-,ucl CcnfcmnccGeneral
Assembly. In case of dispute, this committee determines the right of a member to participate.
[Note that the substance of following two sections have been moved to Article XI]
q~*;~" ?' ~/~*;"~ ~/~*;~ ~* *~ b!y ~S ~" ~;~1 .... ~,,~; ..... d~4
....... ~. g LccGuc's ~ ..... ~ Assem ...... ~ A
A~icle VI: Membership Resolutions
Section 1: Role and Scope of Resolutions. Resolutions adopted by the League's General
Assembly ~ A~,c~l Cc~f~m~ces and such League Board policies as are not inconsistent with
s~ch resolutions constitute League policy. All resolutions shall hcv~ ~cmc direct r=l~fic~ 'be
~ermane to cJ~ issues.
S&Ction 2: Origination. Resolutions may originate from ci~ officials, city councils, regional
divisionss, functional depadmentse, poliCy committees, or the League Board or by being
included in a petition signed by designated voting delegates of ten percent of the number of
Member Cities.
See article Xl for additional information about voting.
"Regional divisions" are defined in Article IX of these bylaws.
"Functional departments" are defined in Article X of these bylaws.
10
Section 3: Resolutions Committee.
(a) Resolutions Committee Composition. The League President establishes a
Resolutions Committee sixty days prior to each Annual Conference, which committee
shall consist of:
(i) One elected official from each regional division, appointed by the regional
division;
(ii) One elected official from each policy committee, appointed by the policy
committee;
(iii) One member from each functional department, appointed by the department;
and
(iv) Up to ten additional members (at least five of whom are elected officials) as
the League President deems necessary to achieve geographic and population
balance, as well as recognize the multiplicity Of city functions not represented by
the other appointments, including, but not limited to, the perspectives of board
and commission members as well as professional staff.
(b) Presidential Appointments. In the event a regional division, policy committee or
functional department does not make its appointment to the Resolutions Committee, the
League President may make the appointment on the regional division's, policy
committee's or functional department's behalf.
(c) Chair. The League President shall also appoint to the Resolutions Committee a
committee chair and vice chair.
(d) Minimum Committee Size and Composition. In the event the full committee is not
in attendance at the Annual Conference, the League President shall appoint a sufficient'
number of city officials in attendance to achieve a total of thirty. No less than two-thirds
of the members of the Resolutions Committee shall be elected officials.
(e) Committee Consideration of Proposed Resolutions. Except for resolutions of
courtesy, commendation, appreciation or condolence, no resolution expressing the
opinion or policY'of the League on any question may be considered or discussed by the
League's General Assembly, unless it has been first submitted to, and reported on, by
the Resolutions Committee.
Section 4: Procedure for Review.
(a) Timing. Except for petitioned resolutions, all resolutions shall be submitted to the
Resolutions Committee, at the League's headquarters, not later than sixty days prior to
the opening session of the League's General AssemblyAnnual Conference. I
(b) Referral to Policy Committees.
(i) Review and Recommendations. Except for resolutions of courtesy,
commendation, appreciation or condolence, all resolutions submitted to [he
11
Resolutions Committee shall be referred by the League President to an
appropriate policy committee for review and recommendation prior to the
opening general session of the Annual Conference.
(ii) Report to Resolutions Committee. Policy committees shall report their
recommendations on such resolutions to the Resolutions Committee. The
inability of a policy committee to make a recommendation on any resOlution does
not preclude the Resolutions Committee from acting upon it.
(c) Minimum Committee Size and-Composition. In the event the full committee is not
in attendance at the Annual Conference, the League President shall appoint a sufficient
number of city officials in attendance to achieve a total of thirty. No less than two-thirds
of the members of the Resolutions Committee shall be elected officials.
(e) Committee Consideration of Proposed Resolutions. Except for resolutions of
courtesy, commendation, appreciation or condolence, no resolution expressing the
opinion or policy of the League on any question may be considered or discussed by the
League's General Assembly, unless it has been first submitted to, and reported on, by
the Resolutions COmmittee.
Section 5: Resolutions Proposed by Petition.
(a) Presentation by Voting Delegate. A designated voting delegate of a city may
present by petition a resolution to the League President for consideration by the
Resolutions Committee and the General Assembly at the Annual Conference. These
resolutions are known as "petitioned resolutions."
(b) Contents. The petition shall contain the specific language of the resolution and a
statement requesting consideration by the League's General Assembly.
(c) Signature Requirements. The petition shall be signed by designated voting
delegates registered with the Credentials Committee who represent ten percent of the
number of Member Cities.
(d) Time Limit for Presentation. The signed petition shall be preSented to the League
President no later than twenty-four hours prior to the time set for convening the
League's General Assembly.
(e) Parliamentarian Review. If the League President finds that the petition has been
signed by designated voting delegates of ten percent of the number of Member Cities,
the petition shall be reviewed by the Parliamentarian for form and substance. The
Parliamentarian's report shall then be presented to the chair of the Resolutions
Committee. Among the issues that may be addressed by the Parliamentarian's report is
whether the resolution should be disqualified as being either
(i) Non-germane to city issues or
(ii) Identical or substantially similar in substance to a resolution already under
consideration
12
(f) Disqualification. The Resolutions Committee may disqualify a petitioned resolution
as either being
(i) N_.r~on-germane to city issues or
(ii) _lidentical or substantially similar to a resolution already under consideration.
(g) Consideration by General Assembly. The petitioned resolution and the action of
the Resolutions Committee will be considered by the League's General Assembly
following consideration of other resolutions.
(h) Availability of List of Voting Delegates. A list of voting delegates shall be made
available during the Annual Conference to any designated voting delegate upon
request.
Section 6: Full Debate. The opportunity for full and free debate on each resolution brought
before the General Assembly shall occur prior to conSideration of a resolution.
Article VII: Board of Directors
Section 1: Role and Powers. Subject to the provisions and limitations of California Nonprofit
Corporation Law, any other applicable laws, and the provisions of these bylaws, the League's
activities and affairs are exercised by or under the direction of the League's Board of Directors.
The League Board is responsible for the overall supervision, control and direction of the
League. The League 'Board may delegate the management of' the League's affairs to any
person or.group, including a committee, provided the League Board retainsultimate
responsibility for the actions of such person or group.
Section 2: Composition. The'League's Board is composed of the following:
(a) A President, First Vice-President and Second Vice-President/Treasurer of the
League, who each serve a term of one year and are elected pursuant to Article VII,
section 5; and
(b) The Immediate Past President of the League who serves for a term of one year,
immediately succeeding his or her term as President;
(c) Ten Directors-at-Large,~
(1) Who serve for two-year terms,
(2) Who are elected by the League Board at its organization meeting, and
(3) At least one of whom is a representative of a small city with a population of
10,000 or less.
Thc cffcc! cf thc 2002 =:,",=ndmcnt: wa= tc crcctc cdd!!!cne! ct ~=r~s d~rcctcmh~pc. Thc rccc~.g~c~ cf cuthcdz~n; thc cmcndment fu~hor
13
(d) One Director to be elected from each of the regional divisions and functional
departments of the League, each of whom serves for a term of two years;
(re) Members of the National League of Cities Board of Directors who hold an office in a
Member GJty~-] and
(f) Ei.qht Directors to be desi.qnated by each of the eiqht larqest cities in California.s
(1) If one or more of the ei.qht lar.qest cities is represented on the Leaque Board as
an officer, the Board may elect an additional at-larqe member pursuant to
section 2(c) of this articlel and
(2) Such director shall serve a two-year term.
(g) For purposes of this section, city populations will be the population figures used by
the State Controller in making the most recent allocation of subventions .of cities.
Directors hold office until their successors are elected and qualified or, Jf they sit on the League
Board by virtue of their membership on the National League of Cities Board of Directors, until
their terms on the National League of Cities Board of Directors conclude.
Section 3: Staggered Terms. The terms of the Directors are staggered, so that the terms of
approximately one-half of the members of the League Board expire each year.
(a) Even-Numbered Year Terms. The following directorShip terms expire in even-
numbered years:
(i) Departments. Directors from the Fiscal Officers, Public Works Officers,
Mayors and Council Members, Planning and Community Development, Fire
Chiefs, .and City Clerks departments;
(ii) Divisions. Directors from the Central Valley, Imperial County, Monterey Bay,
North Bay, Orange County, Redwood-Empire, Sacramento Valley and San Diego
County divisions; and
(iii) At Large. Directors from five of. the ten at-large directorships.
(b) Odd-Numbered Year Terms. The following directorship terms expire in odd-
numbered years:
(i) Departments. Directors from the City Attorneys, City Managers, Police
Chiefs, Recreation, Parks and Community Services, and Personnel and
Employee Relations departments;
Note that this proposed amendment was not considered by the Administrative Services Committee.
14
(ii) Divisions. Directors from the Channel Counties, Inland Empire, Desert-
Mountain, East Bay, Los Angeles County, Peninsula, Riverside County and
South San Joaquin Valley divisions; and
(iii) At Large. Directors from five of the ten at-large directorships.
Section 4: Election of Directors.
(a) Functional Department Directors. Unless their respective functional department
bylaws provide otherwise, Departmental Directors are elected by their respective
departments at the Annual Conference.
(b) Regional Division Directors. Unless their respective regional division bylaws
provide otherwise, Regional-Directors are elected at the regional division meeting
immediately preceding the Annual Conference.
(c) At-Large Directors. Directors-at-Large are elected by the League Board at its
organization meeting.
(d) Commencement of Terms. The term of office of all newly elected Directors
commences immediately on the adjournment of the Annual Conference; however, the
newly constituted League Board may meet prior to the adjournment of the Annual
Conference for the purpose of organization.
(e) Additional Directors. In the event of the creation of additional regional divisions or
functional departments of the .League, each regional division or functional department
may elect a representative to the League Board. When a new functional department or
regional division is created at any Annual Conference, the League Board may select a
o Director to represent such functional department or regional division until the entity
organizes and elects a Director in the regular, manner. The League Board may fix the
initial term of any such Director from a new regiona division or functional department at
either one or two years, so as to keep the number of terms expiring on alternate years
as nearly equal as possible.
Section 5: Nomination and Election Process
(a) Composition. The League President, with the concurrence of the League Board,9
shall establish a nominating committee at least 90 days in advance of the League's
Annual Conference. The nominating committee shall be comprised of nine members,
eight of whom are named from regional divisions, one from each division on the
following rotating basis:
(i) Even-Numbered Years: central Valley, Imperial County, Monterey Bay,
North Bay, Orange County, Redwood Empire, Sacramento Valley and San Diego
County
See Bylaws Art!de VII, section 8(c). for provisions relating to telephonic meetings.
15
(ii) Odd-Number Years: Channel Counties, Inland Empire, Desert-Mountain,
East Bay, Los Angeles County, Peninsula, Riverside County, and South San
Joaquin
The League President shall appoint the chair of the nominating committee.
(b) Duties. The duties of the nominating committee are to:
(i) Member Outreach. Solicit nominations for the offices of Second Vice
President/Treasurer and ten at-large members for the League Board from the
League's Member Cities;
(ii) At-Large and Second Vice President .Recommendation. Make
recommendations to the League Board on the following year's League officer, s~°
and at-large board members; and
(iii) President and First Vice President Recommendation. Recommend
whether the previous year's FirSt Vice President becomes President and the
previous year's Second Vice President/Treasurer becomes First Vice President.
(c) Notice to Members. The identity of nominating committee members shall be.
publicized in League publications and communications, along with an explanation of the
nomination process and relevant deadlines for submitting nominations to the nominating
committee.
(d) Decision and Report. The nominating committee's decision shall be made and
communicated to the League Board not later than 30 days prior to the date of the
League's Annual Conference and again at the first board meeting at the Annual
Conference. In addition, the nominating committee shall make its report to the
membership at the opening general session of the Annual Conference.~
Section 6: Vacancies.
(a) Functional Departmental Directorships. In the event of a vacancy in a functional
departmental directorship, the president of the department may become a member of
the League Board or may appoint a member of his or her department to fill the vacancy.
(b) Regional Division Directorships. If a vacancy occurs in the regional division
directorship, the regional division in question may elect a new DireCtor at the next
regular meeting of the regional division.
(c) At-Large Directorships. If a vacancy occurs in an at-large directorship, the League
Board may elect a new Director to fill the vacancy at the next regular board meeting.
The League president may nominate individuals for consideration by the League Board.
(d) Terms. The person elected to fill a vacancy holds office for the remainder of the
term of the office in question (see Article VII, section 3).
See Bylaws Article VIII for provisions relating to League officers.
See Bylaws Article VIII, section 3 (for election of League officers) and Article VII, section 2(c)(2) (for election of at-large board members).
16
I
Section 7: Resignation. Any Director resignation is effective upon receipt in writing by the
League's President or Executive Director, unless a later date is specified in the letter.
Section 8: Meetings and Meeting Notice.
(a) Regularly Scheduled Board Meetings. The League Board shall meet no fewer
than four times a year. Notice of regularly scheduled Board meetings shall be mailed to
each Director at least 14 days before any such meeting.
(b) Emergency Board Meetings. A good faith effort shall be made to provide notice of
any emergency board meetings (for example, by first-class mail, personal or telephone
notification, including a voice-messaging .system or other system or technology designed
to record and-communicate messages, telegraph, facsimile, electronic mail, or other
electronic means).
(c) Telephonic or Electronic Participation. Members of the League Board may
participate in any meeting through the use of conference telephone or similar
communications equipment, so long as all members participating in such meeting can
hear one another. Participation in a meeting by this means constitutes presence in person
at such meeting.
(c) Notice Content. All meeting notices shall include the meeting date, place, time, and,
as applicable, the means by which a League Board member may participate
electronically.
Section 9: Policies. The League Board may adopt such policies for its government as it
deems necessary and which are not inconsistent with these bylaws. In the event of an
inconsistency, these bylaws shall prevail.
Section 10: Committees.
(a) 'General. The League Board may establish committees to study city problems,
advise on League educational efforts, make recommendations with respect to League
· advocacy efforts, or to engage in other appropriate League service.
(b) Executive Committee
(i) Composition. The Executive Committee of the League Board consists of the
following: the League's President, First Vice-President, Second Vice-
President/Treasurer, Immediate Past President and Executive Director.
(ii) Authority. The Executive Committee has authority to act for the League
Board between Board meetings, provided that no action of the Executive
Committee is binding on the League Board unless authorized or approved by the
Board.
17
(c) Standing Policy-Committees.~2
(i) Charge. The League shall have a series of standing policy committees,
whose charge shall be to make recommendations to the League Board on
matters within the committees' jurisdiction, as well as fulfill other duties specified
in these bylaws (see, for example, Article VI, section 4(b)).
(ii) Membership. Each League policy committee shall be comprised of the
following:
· Two members appointed by each regional division president;
· One member appointed'by each functional department president;
· No more than 16 members appointed by the League president, to provide
population and geographic balance, as well as expertise; and
· Such representatives of affiliate organizations in the capacity authorized
by the League Board.
(iii) Feedback. Policy committees shall receive information on actions taken on
committee recommendations and the reasons for those actions.
(d) Committee Chairs and Vice Chairs. The League President appoints the chair of
al! League-wide committees. The term of such appointments coincides with the League
President's term. The League President may appoint vice chairs for such committees,
as the League President deems necessary.
Section 1211: Compensation. The Directors do not receive any compensation for their
services, but, with League Board approval, may be entitled to reimbursement for actual and
necessary expenses incurred in the performance of their duties.
Section 13:12 Reports of Directors. The League Board's duties include providing an annual
report to League members at the regular Annual Conference showing the League's wOrk, the
League's financial condition, and a statement with respect to the League's plans for further
work and proposed policies.
~2 The present standing policy committees ara: 1) Administrative Services, 2) Employee Relations, 3) Environmental Quality, 4) Community
Services, 5) Housing, Community and Economic Development, 6) Public Safety, 7) Revenue and Taxation, and 8) Transportation,
Communication and Public Works.
18
Section-l-413: Standard of Care.~3
(a) General. A Director shall perform the Director's duties, including duties on any
committee on which the Director serves, in good faith, in a manner the Director believes
to be in the best interests of the League and with such care, including reasonable
inquiry, as an ordinarily prudent person in a like situation would use under similar
circumstances.
(b) Reliance on Information. In performing the Director's duties, the Director is entitled
to rely on information, opinions, reports, or statements, including financial statements
and other financial data, prepared or presented by:
(i) One or more League officers or employees whom the Director 'believes to be
reliable and competent as to the matters ~presented;
(ii) Counsel, independent accountants, or other persons as to matters which the
Director believes to be within such person's professional or expert competence;
or
(iii) A League Board committee upon which the Director does not serve, as to
matters within the committee's designated authority, provided that the Director
believes the committee merits confidence.
The Director may rely on such information, opinions, reports, or statements as long as
the Director acts in good faith after reasonable inquiry (when the need for such inquiry is
indicated by the circumstances) and as 'long as the Director has no knowledge that
would suggest that such reliance is unwarranted.
(c) Non-Liability. An individual who performs the duties of a Director in accordance
with this section will not be liable for any failure or alleged failure to discharge that
person's obligations as a Director, including, without limiting the generality of the
preceding, any actions or omissions which are inconsistent with the League's nonprofit
purposes.
Section 151..~4: Right to Inspect Records. Every Director has a right at any reasonable time
to inspect and copy all Leag~u~e books, records and documents of every kind and to inspect the
League's physical property.
Section '!.c..1._~5: Policy Changes. Any policy established by the League's General Assembly
may be changed by the League's Board upon ratification of such proposed change by a
majority of the regional divisions representing a majority of Member Cities within the time period
specified by the League Board.
Article VIII: Officers
~3 See Cal. Coq3. Code § 7231 (providing that a director who performs the director's duties according to these standards is not liable for any
alleged failure to propedy discharge the individual's obligations as a director).
~4 See Cal. Corp. Code § 8333 (characterizing this dght as "absolute").
19
Section 1: Identity. The officers of the League are a President, a First Vice-President, a
Second Vice-President/Treasurer, an Immediate Past President, and an Executive Director.
Section 2: Duties of League Officers.
(a) President. The President presides at all League Board meetings and_~
~all General Assemblies. The President has such other powers and duties as
may be prescribed by these bylaws or the League Board.
(b) First Vice-President. The First Vice-President carries on the duties of the
President in the President's temporary absence or incapacity. The First Vice-President
has such other powers and duties as may be prescribed by these bylaws or the League
Board.
(c) Second Vice-President/Treasurer. The Second Vice-President/Treasurer carries
on the duties of the President in the President's and First Vice-President's temporary
absence or incapacity. The Second Vice-President/Treasurer has such other powers
and duties as may be prescribed by these bylaws or the League Board.
Section 3: Election. The League Board elects the League's President, First Vice-President
and Second Vice-President for terms of one year.is The election occurs at the League Board's
meeting at thc conc!usicn of the Annual Conference.
Section 4: Vacancies. A vacancy in the office of President is filled at the next meeting of the
League Board by the succession of the First Vice-President to that office. A vacancy in the
office of First Vice-President, or Second Vice-President/Treasurer, is filled for the un-expired
term by appointment of a member of the League Board. A vacancy in the office of the
Immediate Past President is filled for the un-expired term by the last Past President continuing
to hold a city office.
Section 5: Executive Director and League Employees.
(a) Employment. The League Board selects an Executive Director who employs, or
causes to be employed, such other persons as may be necessary who need not be
League members. The Executive Director and employees perform such duties and
receive such compensation as the League Board may from time to time prescribe.
(b) Specific Duties?6 The Executive Director performs or causes to be performed the
following functions:
(1) Corporate Secretary. These duties include:
(i) Keeping a full and complete record of the proceedings of the League
Board,
(ii) Giving such notices as may be proper and necessary,
~s Sea Cal. Corp. Code § 7151(c)(5) (suggesting bylaws address this issue).
~6 Nonprofit corporation law requires organizations like the League to have a secreta~/and chief financial officer. Sea Cal. Carp. Code § 7213
(allowing any number of offices to be held by the same person). Typically, these roles ara assigned in the bylaws. Presently these functions are
performed for the League by staff under the direct supervision of the Executive Director and ultimate supervision of the League Board.
2O
(iii) Keeping minute books for the League,
(iv)Communicating the League Board's actions to Member Cities,
(v) Executing such instruments necessary.to carry out Board directives
and policies, and
(vi) Complying with such other record-keeping and reporting
requirements of California Nonprofit Corporation Law.
(2) Chief Financial Officer. These duties include
(i) Having charge of and custody of and receiving, safeguarding,
disbursing and accounting for all League funds,
(ii) Depositing and investing such funds in such institutions and
investments as approved by the League Board,
(iii) Maintaining the League's financial books and records,
(iv) Preparing and submitting such accounting and tax forms as may be
required by local, state and federal law.
(c) Insurance. Ail employees handling the finances of the League shall be insured in
such amount as the League Board deems desirable or necessary, such insurance to be
approved by the League Board or a committee designated by the League Board and the
premiums paid by the League.
Article IX: Regional Divisions
Section 1: Listing.
(a) Existing Regional Divisions. The League is comprised 'of the following regional
divisions:
Central Valley
Channel Counties
Desert-Mountain
East Bay
Imperial County
Inland Empire
Los Angeles County
Monterey Bay
North Bay
Orange County
Peninsula
Redwood Empire
Riverside County
Sacramento Valley
San Diego County
21
South San Joaquin Valley
(b) New Divisions. Additional divisions may be formed through an amendment to these
bylaws (Article XVl).
Section 2: Purposes and Functions. The purposes and functions of regional divisions of the
League are as follows:
(a) To promote interest in the problems of city government and administration among
city officials within such divisions.
(b) To assist League officials in formulating policies by expressing, through resolutions
duly adopted, the recommendations of the regional divisions. Resolutions adopted by
regional divisions to be considered at the Annual Conference shall be submitted in the
manner provided by Article VI.
(c) To take action consistent with general League policy as duly adopted by the
League's General Assembly or by the League's Board. Regional divisions may take no
action in conflict with such policies. Nothing in the foregoing limits or restricts regional
division activities in matters of purely local interest and concern.
(d) To meet not less than once every three months, provided that the League Annual
Conference may be considered one such meeting of a regional division.
Section 3: Names of Divisions. Each regional division will identify itself as a division of the
League of California Cities. A ,~;~,;,,,.,; .......
Section 4: Boundaries. The territorial boundaries of each regional division may be fixed by
each division subject to the approval of the League's General Assembly.
Section 5: Membership. All cities within the boundaries of a regional division may become
members of and participate in the activities of that division. A city may join a different regional
division with the approval of both the existing and proposed division, and the League's-Ge~eral-
~. Board of Directors.
Section 6: Voting. Unless otherwise provided in a reqional division's bylaws, tZFhe
representatives of each Member City may cast collectively one vote on division matters, and a
majority of the votes cast is necessary for a decision,l?
Section 7: Officers.
(a) Identity. Each regional division elects a President, a Vice-President, a
representative on the .League Board of Directors and a Secretary, and such other
officers as any regional division bylaws may establish.
'TSee Article 7,1 for additional information about voting.
22
(b) Election Timing. Each regional division elects its officers at the regional division
meeting immediately preceding the League's Annual Conference, unless another date is
provided by any regional division's bylaws.
(c) Terms.
(i) DirectOrs' Terms and Commencement Dates. The term of office and
commencement date for regional division representatives on the League Board are
established in Article VII, section 2(d) (term length) and 4(d) (term
commencement).
(ii) Other Officers' Terms and Commencement Dates. The term of office of all
other newly elected officers is one year. A majority of the memberS may amend
any regional division bylaws to provide for two-year terms for regional division
officers. Except for representatives on the League Board, all newly elected
officers' terms commence immediately upon election unless another date is
provided by any regional division's bylaws?
(d) VaCancies. In the event of a vacancy in any regional division office,~9 such vacancy is
filled by election at the next regular meeting of such division. The fact that such a vacancy
will be so filled shall be included in the notice of such .meeting. This requirement also
applies to a vacancy in the office of regional division director, as provided in Article VII,
section 6(b).
(e) Duties.
(i) President. The President presides at all regional division meetings and has
such other powers and duties as may be prescribed by any division bylaws.
(ii) Vice-President. The Vice-President carries on the duties of the President in
the President's temporary absence or incapacity and has such other powers and
duties as maybe prescribed by any division bylaws.
(iii) Secretary. The Secretary a) immediately notifies the League of any change
in the regional division officers, b) records the minutes of all division meetings
and sends one copy to League headquarters, and c) prepares and mails all
notices of the meetings of the division and sends a copy to the League
headquarters.
(iv) Director. The regional division DireCtor shall represent the regiOnal division ·
on the League Board and shall keep the division membership apprised of
League Board activities. The Director serves as a liaison between the regional
division and the League Board.
~8 Note that this term commencement is different than that for the League board (whose terms commence upon adjournment of the Annual
Conference) and than that for department officers (also upon adjournment of the Annual Conference).
~e Art/cie ,vJI, sect/on 2, defines a vacancy.
23
Section 8: Resignation. Except as provided in Article VII, section 7 for members of the
League Board, a regional division officer's resignation is effective upon receipt in writing by the
division's President or Secretary, unless a later date is specified in the letter.
Section 9: Regional Division Bylaws. Regional divisions may adopt their own bylaws.
Division bylaws may not conflict with the League's bylaws. In the event of a conflict between a
division's bylaws and League bylaws, the League's bylaws will prevail; the League's bylaws also
prevail when the division does not have bylaws or the division's bylaws are silent.
Article X: Functional Departments
Section 1: Listing.
(a) Existing Departments. The League includes the following functional departments:
Mayors and Council Members
City Attorneys
Fiscal Officers
Public Works Officers
City Managers
Planning and Community Development
Police Chiefs
Fire Chiefs
Recreation, Parks and Community Services
City Clerks
Personnel and Employee Relations
(b) 'New Departments. Additional functional departments may be formed through an
amendment to these bylaws (Article XVI).
Section 2: Officers
(a) Identity. Each functional department elects a President, a First Vice-President, a
Second Vice-President/Secretary, a representative on the League Board, and such
other officers as the department's bylaws may establish.
(b) Election Timing. Each functional department elects its officers at the department's
business session at the League's Annual Conference, unless the department's bylaws
provide otherwise.
(c) Terms. The term length for functional department representatives on the League
Board is established in Article VII, section 2(d). The term of office of all other newly
elected officers is one year. The term of office of all newly elected department officers
commences-immediately on. the adjournment of the Annual Conference.
24
(d) Vacancies.2° A vacancy in the office of President is filled for the unexpired term by
the succession of the First Vice-President. A vacancy in the office of the First Vice-
President, or Second Vice-President/Secretary of the functional department is filled by
appointment by the department President. The person so appointed shall be a member
of such department. A vacancy in the office of department director is filled as provided
in Article VII, section 6(a).
(e) Duties.
(i) President. The President presides at functional department meetings and
has such other powers and duties as may .be prescribed by any department
bylaws.
(ii) First Vice-President. The First Vice-President carries on the duties of the
President in the President's temporary absence or incapacity and has such other
. powers'and duties as may be prescribed by any department bylaws.
(iii) Second Vice-President/Secretary. The Second Vice-President/Secretary
carries on the duties of the First Vice-President in the First Vice-President's
temporary absence or incapacity and has such other powers and duties as may
be prescribed by any department bylaws.
(iv) Director. The department Director shall represent the functional department
on the League Board and shall keep the department membership apprised of
League Board activities. The Director serves as a liaison between the
department and the League Board.
(f) Resignation. Except as provided in Article VII, section 7'for members of the League
Board, a functional department officer's resignation is effective upon receipt in writing by
the department's President or Second Vice-President/Secretary, unless a later date is
specified in the letter.
Section 3: Voting..Except as otherwise provided in a functional department's bylaws, the
representatives of each Member City may cast collectively one vote on functional department
matters. 21 A majority of the votes cast is necessary for a decision.22
Section 4: Department Meetings. Functional departments meet at the Annual Conference
and at other times and places as they find necessary.
Section 5: Department Bylaws, Functional departments may adopt their own bylaws. Such
bylaws may not conflict with the League's bylaws. In the event of a conflict between a
department's bylaws and League bylaws, the League's bylaws will prevail; the League's bylaws
also prevail when the department does not have bylaws or the department's bylaws are silent.
20 Article XII, section 2, defines a vacancy.
2, Note that ArticJe .vj, section 4 allows departments to adopt a different voting allocation in their bylaws.
~ See Article XJ for additional infon'nation about voting.
25
Article Xl: Voting
Section 1: Quorum.
(a) In General. A maiority of the members of the Leaque's Board, functional
department, reqional division, committee or other kind of subsidiary body constitutes a
quorum for the purpose of makinq decisions.
(b) General Assembly. The presence of a maiority of the credentialed votinq dele.qates
(or alternate) from a majority of Member Cities constitutes a quorum at the .Leaque's
General Assembly.
(c) Failure to Achieve QUorum. In the event that a body other than the Leaque Board
of directors lacks a quorum, all voteS .taken by that body will be advisory to the Leaque
Board, which shall be advised that a quorum was not present. In the event that the
Lea.que's Board is unable to achieve a quorum, the Leaque Board will adjourn until such
time as a quorum can be achieved.
Section42:_ ~/"'~""....v.. VctcVotinq Methods. Except.~.. ....... ~.,...,......~'~"'~ ,,,~" Article ~/,. .....~.,.., ,"~'"*~'-" '~,
(a) General Assembly.~ A._~II voting in meetings of the General Assembly of the
League, its regional divisions, functional and departments, committees and other kinds
of subsidiary bodies is by voice vote.
(b) ~Alternative Methods. ,If the presiding official cannot determine the
outcome of the voice vote or three or more Member Cities request, an alternative
method of voting may be used. An alternative voting method may be by any means
(show of hands, written ballot, display of votinq cards, etc.) which allows the presiding
official .to accurately determine the outcome of the vote.
(c) Se~tie,~-Roll Call Votes. A roll call may be demanded by representatives of ten
percent or more of the voting hnrt,,
(d) Votinq Cards. A votinq card will be issued to each Member City's designated' votinq
delegate upon presentation of evidence of the deleqate's desi.qnation by the Member
City.
(e) Proxy Voting. Proxy votinq is not allowed.
Section 3. Vote Threshold. Except as otherwise provided in these bylaws (see, for example,
Article XVI, §2), a majority vote of approval of those votinq is necessary for decision.
Section 4: One City One Vote. Except as otherwise provided in a functional department's or
a regional division's bylaws, the rep_resentatives of each Member City present and in good
standing collectively cast one vote.23 A majority of the votes cast is necessary for a decision.
Section 5: Mail Balloting. In addition to voting at League meetings, the League may solicit
member input by mail ballot.
25 For purposes of the General Assembly (see articles V and VI), the mechanism through which city officials do this is the designated voting
delegate.
26
(a) Mailing?4 The question(s) to be voted upon, along with explanatory materials and a
ballot, shall be mailed by first class mail to each Member City for consideration and action.
(b) Time Frame for Action. Member Cities shall have at least 45 days to cast their vote.
Ballots shall be cast by returning the Member City's ballot to the League's principal office
.in Sacramento.
(c) Ballot Tabulation and Results Announcement. The League President will appoint
a counting committee of three board members to count the votes cast by mail ballot.
The counting committee will submit its count to the League Board, which shall canvass
the vote and announce the results.
(d) Functional Departments and Regional Divisions, Departments and divisions may
also use mail balloting under procedures specified in their respective department and
division bylaws.
Article XII: Qualifications to Hold Office and Vacancies
Section 1: Eligibility to Hold Office.
(a) In General. Excepting the office of Executive Director, no person shall be eligible to
hold office in the League or any League division or department unless the individual is
officially in city service in a Member City at the time of the person's election or
appointment. Re,qional divisions and functional department bylaws may specify
additional eliqibility requirements for their respective officeholders.
(b) Length of Service. An individual who has occupied an elected League Board office
(as defined in Article VIII, section 1) for nine months (275 days) or more is ineligible to
stand for election for that same office again.
Section 2: Vacancies,
(a) Vacancy Defined, A League office becomes vacant when an individual resigns,
misses three consecutive convened meetings or leaves city service.
(b) Effective Date of Vacancy Caused by Leaving City Service. The effective date of
a vacancy caused by a departure from city service is three months (92 days) after an
individual ceases to occupy the same or comparable city office as the individual had
when the individual was elected or appointed to League office.
(c) Effective Date of Resignations, For the effective dates of resignations, see Article
VII, section 7 (effective date of League Board resignations), Article IX, section 8
(effective date of regional division officer resignations), and Article X, section 2(f)
(effective date of department officer resignations).
(d) Filling Vacancies. Vacancies will be filled as provided in these bylaws, see Article
VII, section 6 (filling League Board vacancies), Article IX, section 7(d) (filling regional
24 The Administrative Se~ices Committee recommends the League also include notice of the upcoming ballot in a vadety of League
communications, to alert Member Cities to make inquiry in the event a city's ballot is lost in the mail.
27
division officer vacancies), and Article X, section 2(d) (filling functional department
officer vacancies).
Article XlII: .Finances
Section 1: Fiscal Year. The fiscal year of the League is the calendar year.
Section 2: Budget.
(a) Preparation and Approval. Not less than fifteen days prior to the budget meeting
of the League Board, the Executive Director shall distribute to the Board a detailed
budget describing the estimated revenues and expenditures for the ensuing budgetary
period for the League Board's consideration and approval.
(b) Dissemination. Upon approval, a copy of the League's budget shall be sent to each
regional division and functional department president, who shall make it available to
division and department members.
Section 3: Limitation of Expenditures. The League Board may not incur indebtedness in
excess of the estimated or actual revenues for the ensuing fiscal year, without the approval of
the League's General Assembly.
Section 4: Annual Audit. The League's accounts shall be audited by a certified public
accountant after the close of each fiscal year.
Section 5: Special Assessment for League Building. By resolution approved by a majority
of those cities present and voting thereon at an Annual Conference, a special assessment may
be levied for a permanent headquarters office building in Sacramento as specified in the
resolution.25
See also.section 4. in Article XV, relating to disposition of League property upon dissolution.
'28
Article XlV: Prohibited Transactions
Section 1: Loans.. Except as permitted by California Nonprofit Corporation Law,26 the League
may not make any loan of money or property to, or guarantee the obligation of, any director or
officer. This prohibition does not prohibit the League from advancing funds to a League
director or officer for expenses reasonably anticipated to be incurred in performance of their
duties as an officer or director, so long as such individual would be entitled to be reimbursed for
such expenses under League Board policies absent that advance.
Section 2: Self-Dealing and Common Directorship Transactions.27
(a) Self-Dealing Transactions. A self-dealing transaction is a transaction to which the
League is a party and in which one or more of its directors has a material financial
interest.
(b) Common Directorships. "Common directorships" occur when the League enters
into a transaction with an organization in which one of the League directors also serves
on the organization's board.
(c) Pre-Transaction Approval. To approve a transaction involving either self-dealing or
a common directorship, the League Board shall determine, before the transaction, that
(i) The League is entering into the transaction for its own benefit;
(ii) The transaction is fair and reasonable to the League at the time; and
(iii) After reasonable investigation, the League Board determines that it could not
have obtained a more advantageous arrangement with reasonable effort under
the circumstances.
a Section 7235 of the Corporations Code provides:
(a) Unless prohibited by the articles or bylaws, a corporation may loan money or property to, or guarantee the obligation of, any director or
officer of the corporation or of its parent, affiliate or subsidiary, provided:
(1) The beard determines the loan or guaranty may reasonably be expected to benefit the corporation.
(2) Pdor to consummating the transaction or any part thereof, the loan or guaranty is either.
(A) Approved by the members (Section 5034), without counting the vote of the director or officer, if a member, or
(B) Approved by the vote of a majodty of the directors then in office, without counting the vote of the director who is to receive the
loan or the benefit of the guaranty.
(b) Notwithstanding subdivision (a), a corporation may advance money to a director or officer of the corporation or of its parent, affiliate
or subsidiary, for any expenses reasonably anticipated to be incurred in the performance of the duties of the director or officer of the
corporation or of its parent, affiliate or subsidiary, provided that in the absence of such an advance the director or officer would be
entitled to be reimbursed for these expenses by the corporation, its parent, affiliate, or subsidiary.
(c) The provisions of subdivisions (a) and (b) do not apply to credit unions, or to the payment of premiums in whole or in part by a
corporation on a life insurance policy on the life of a director or officer so long as repayment to the corporation of the amount paid by it
is secured by the proceeds of the policy and its cash surrender value, or to loans permitted under any statute regutafing any special
class of corporations.
~? See generally Cal. Corp. Code § 7233 (establishing these requirements). Note that interested or common directors may be counted in
determining the existence of a quorum in a board or committee meeting that approves such transactions. See Cal. Corp. Code § 7234.
29
Such determinations shall be made by the League Board in good faith, with knowledge
of the material facts concerning the transaction and the director's interest in the
transaction, without counting the vote of the interested director or directors.
(d) Post-Transaction Approval. When it is not reasonably practicable to obtain Board
approval before entering into such transactions, a Board committee may approve such
transaction in a manner consistent with the requirements in the preceding paragraph,
provided that, at its next meeting, the full Board determines in good faith that the
League Board committee's approval of the transaction was consistent with such
requirements and that it was not reasonably practical to obtain advance approval by the
full Board, and ratifies the transaction by a majority of the directors then in office without
the vote of any interested director.28
Article XV: Miscellaneous
SeCtion 1: Indemnification.
(a) Indemnity Authorized. To the extent allowed by California Nonprofit Corporation
Law,2g the League may indemnify and advance expenses to its agents in connection
with any proceeding, and in accordance with that law. For purposes of this section,
"agent" includes directors, officers, employees, other League agents, and persons
formerly occupying these positions?°
(b) Approval of Indemnity. An individual seeking indemnification shall make a written
request to the League Board in each case.
(i) Success on the Merits. To the extent that the individual has been
successful on the merits, the League Board will promptly authorize
indemnification in accordance with California Nonprofit Corporation Law.3~
(ii) Other Instances. Otherwise, the League Board shall promptly determine, by
a vote of a majority of a quorum consisting of directors who are not parties to the
proceeding, whether, in the specific case, the agent has met the applicable
standard of conduct under California law,32 and, if so, will authorize
indemnification to the extent permitted.
28 See Cai. Corp. Code § 7233 (sperling under what circumstances a self-dealing transaction is void or voidable).
2g The scope of indemnity for mutual benefit corporations is governed by Corporations Code section 7237, which is excerpted in the footnotes
below.
3o Section 7237(a) provides in pertinent part:
For the purposes of this section, "agent" means any person who is or was a director, officer, employee or other agent of the corporation, or is
or was serving at the request of the corporation as a director, officer, employee or agent of another foreign or domestic corporation,
partnership, joint venture, trust or other enterprise, or was a director, officer, employee or agent of a foreign or domestic corporation which
was a predecessor corporation of the corporation or of another enterprise at the request of such predecessor corporation...
See Cal. Corp. Code § 7237(a).
3~ Section 7237(d) provides
To the extent that an agent of a corporation has been successful on the merits in defense of any proceeding refen-ed to in subdivision (b) or
(c) or in defense of any claim, issue or matter therein, the agent shall be indemnified against expenses actually and reasonably incurred by
the agent in connection therewith.
See Cal. Corp. Code § 7237(d).
= These standards are largely contained in section 7237(b) or section 7237(c), which provide:
30
(c) Advancing Expenses. To the extent allowed by under California Nonprofit
Corporation Law,33 the League Board may authorize an advance of expenses incurred
by or on behalf of an agent of this corporation in defending any proceeding prior to final
disposition. The League Board shall find that
(i) the requested advances are reasonable; and
(ii) before any advance is made, the agent will submit a written undertaking
satisfactory to the League Board to repay the advance unless it is ultimately
determined that the agent is entitled to indemnification for the expenses under
this section.
Section 2: Insurance.:~ The League Board may authorize the purchase of insurance on
behalf of any agent against any liability asserted against or incurred by the agent in such
capacity or arising out of the agent's status as such, and such insurance may provide for
coverage against liabilities beyond the League's corporation's authority to indemnify an agent
under law.
Section 3: Contracts and Execution of Instruments. All contracts entered into on behalf of
the League shall be authorized by the League Board, or by the person or persons upon whom
the. League Board confers such power from time to time. Except as otherwise provided by law,
every check, draft, promissory note, money order, or other evidence of indebtedness of the
League shall be signed by the persons authorized to do so by the League Board.
Section 4: Disposition of Assets Upon Dissolution?s The League's properties and assets
are irrevocably dedicated to the fulfillment of the League's purposes as described in Article II.
No part of the League's net earnings, properties and assets, on dissolution or otherwise, may
inure to the benefit of any private person. On liquidation or dissolution, the League's net assets
shall be distributed to the League's Member Cities consistent with the provisions of the
California Nonprofit Corporations Law relating to mutual benefit corporations then in effect.
(b) A corporation shall have power to indemnify any person ... if such person acted in good faith and in a manner such person reasonably
believed to be in the best interests of the corporation and, in the case of a criminal proceeding, had no reasonable cause to believe the
conduct of such person was unlawful...
(c) A corporation shall have power to indemnify any person ... if such person acted in good faith, in a manner such person believed to be in
the best interests of the corporation and with such care, including reasonable inquiry, as an ordinarily prudent person in a like position would
use under similar
drc~mstances...
See Cal. Corp. Code § 7237(b) and (c) (with exceptions).
33 Section 7237(a) provides in pertinent part:
·..'expenses" includes without limitation attomeys° fees and any expenses of establishing a right to indemnification under subdivision (d) or
paragraph (3) of subdivision (e).
See Cal. Corp. Code § 7237(a).
~ See also Cal. Corp. Code § 72370) (authorizing insurance).
=s This section reinforces the League's status as a mutual benefit corporation and protects titles' interests in their investment in the League's
headquarters building. See also Cal. Corp· Code § 8717 (assets upon dissolution must be distributed according to bylaws).
31
Section 5: Parliamentary Authority. Subject to the provisions of these bylaws, Robert's Rules
of Order or such other parliamentary rules as may be adopted by the League Board shall prevail
at all meetings of the League, the League Board, and in all functional departments and regional
divisions.
Section 6: Seal. The League Board has provided a suitable seal for the League which is
circular and which contains the following inscription:
"LEAGUE OF CALIFORNIA CITIES
INCORPORATED NOVEMBER 4, 1932, CALIFORNIA"
The seal may be affixed to corporate instruments, but any failure to affix it does not affect the
instrument's validity.'
Section 7: Governing Law. In all matters not specified in these bylaws, or in the event these
bylaws are inconsistent with applicable law, the provisions of California Nonprofit Corporation Law
then in .effect apply.
Article XVI: Amendments
Section 1: Consideration. These bylaws may be amended by the League's General Assembly
(see Article XVI, section 5 for procedures) or by a mail ballot to Member Cities (see Article XI,
section 5 for procedures).
Section 2: Vote Threshold. A two-thirds vote of approval of those Voting is necessary to amend
these bylaws.
Section 3: Who May Propose. Amendments may be proposed by the League Board or by
petition of ten percent of Member *Cities. The proponent .may specify whether the amendment is
to be conSidered at the General Assembly or by mail ballot.
Section 4: Board Review. Any amendment proposed by petition shall be submitted to the
League Board in writing for its review. The League Board's recommendation and reasons
following its review shall accompany all materials relating to the proposed amendment.
Section 5: Procedure for Consideration by General Assembly.
(a) Notice. The meeting notice required by Article V, section 3 for League meetings shall
include notice of any proposal to amend the League's bylaws, along with the subject of the
proposed amendment(s).
(b) Consideration by General Assembly. The proposed amendment, along with any
action by the League Board pursuant to section 4 of this Article, shall be considered by the
General Assembly along with any resolutions presented pursuant to Article VI.
Section 6: Effective Date. After approval, amendments go into effect after the expiration of the
protest period (see Article XVI, section 7) unless otherwise specified in the amendment.
Section 7: Protest and Suspension until Next Conference. If, within sixty days after the
adoption of any amendment, one-third or more of the Member Cities submit a written protest
32
against such amendment, the amendment is automatically suspended until the next Annual
Conference, when it may be taken up again for reconsideration and vote.
Article XVll: Establishment and Financing of Grassroots Network
Section 1: Enhancement of Advocacy Efforts.
To enhance the League's advocacy eff0~s on behalf of cities, the League hereby establishes a
Grassroots Network. The Grassroots Network consists of a series of field offices throughout
California, responsible for coordinating city advocacy efforts and promoting statewide League
policy priorities.
Section 2: Dues Increase
(a) Initial Financing. The dues increase approved concurrently with the addition of
Article ×VI shall finance the League's Grassroots Network for the second half of 2001
and for 2002. The increase shall be used exclusively to finance the Grassroots
Network.
(b) Continued Financing. Any subsequent dues increases shall occur in accordance
with Article IV.
Section 3: Accountability
(a) Annual Goal-Setting and Performance Assessment. The League Board shall set
long-term goals and annual objectives for the League's Grassroots Network. The
League Board shall periodically report to the League's Member Cities on the Grassroots
Network's performance in meeting those goals and objectives.
(b) Board DiScontinuance. If at any time the League Board finds the Grassroots
Network is not meeting its objectives on behalf of cities, the League Board may
discontinue the Grassroots Network.
(c) Membership Vote on Program Continuation. On or before December 31, 2007,
Member Cities shall vote (see Article ×1, section 5 for Procedures) on whether to
continue the Grassroots Network beyond December 31, 2008.
I
Revised July 30, 2003
33
ALAN TANDY
CITY MANAGER
r, ~-x .... .-: E R S F I E L D
MEMORANDUM
June 24, 2003 I .J!J~'.l ~ ] ~u~.,)
t
TO: Honorable Mayor and Members 0f the CiN ~~
FROM: Jack HardisN, Development Se~ices Direr,
SUBJEOT: Agenda Item 12a (6-25-03), Air QualiN Bill~
On Tuesday afternoon (~23-03), the Legislative and Litigation Commi~ee discussed
possible suppoa for an environmental/clean air bill package. These bills include:
SB 700: Repeal of the Agricultural Exemption.
SB 701: California Clean Air Bond Act of 2004.
-SB 703: ~nveaing Agricultural Pumps to Ele~riciN.
SB 704: Agricultural Waste at Biomass Facilities.
SB 705:' Prohibit Burning of Waste in San Joaquin Valley.
SB 707: New Dai~ Zoning Legislation.
SB 708: Gross Polluting Vehicles.
SB 709: San Joaquin Air Pollution Board.
The a~ached draft resol~ion was generated from staff notes for the CiN Council's
consideration.
JH:djl
CC: .Alan Tandy, City Manager
Bart Thiltgen, City Attorney
Pam McCarthy, City Clerk
P:~air quality bill memo.doc
DRAFT DRAFT
RESOLUTION NO.
RESOLUTION OF THE COUNCIL OF THE CITY OF
BAKERSFIELD SUPPORTING STATE LEGISLATION TO
IMPROVE AIR QUALITY AND INTERAGENCY COOPERATION.
WHEREAS, the City of Bakersfield has recognized that air pollution is a major problem for
the San Joaquin Valley which muse be addressed; and
WHEREAS, the City of Bakersfield has adopted policies in support of improving air quality;
and
WHEREAS, Senator Dean Florez has introduced a series of bills, SB 700, SB 701, SB 703,
SB 704, SB 705, SB 707, SB 708 and SB 709 to involve agriculture in mitigating air'pollution, to
provide financial support in that effort, to strengthen rules against unlawful vehicle exhaust
'discharge, to extend authority of the San Joaquin Valley Unified Air Pollution Control District
(SJVUAPCD) over indirect sources, and to provide for the involvement of cities and'school districts
in the review of concentrated animal confinement projects such as dairies within three miles of cities
and/or schools.
NOW, THEREFORE, IT IS RESOLVED THAT THE CITY COUNCIL HEREBY;
1. Declares the above recitals to be true and correct;
2. Expresses its thanks and appreciation to Senator Florez for his efforts to improve our
air quality;
3. Endorses the intent behind each of the afore mentioned bills;
4. Recommends that local involvement and control be respected to the degree possible
in the implementation of the legislation;
5. Encourages further consultation with representatives of the agricultural community
to avoid loss of stranded investments and excessive future costs;
6. Recommends implementation of county-wide environmental reviews of the
appropriate siting regulations and relationships to cities for the future development of
facilities for concentrated animal confinement; and
7. Recommends an amendment to SB 709 which would require credit for the costs of a
duly adopted local air pollution mitigation requirement or fee against any air pollution
mitigation fee imposed by the SJVUAPCD.
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:
!
. IMPORTANT.:MESSAGE ·
Time-Date Taken By
For
[] Telephoned ' [] Please call
[] Wants to 'see ·you [] Will call again
[] Returned your call .[] URGENT .
[] Was here to see you.
Post-it® telephone message pad 7662
-' Pub,c =atemen=' =m ,m~ed = mr~e'(e) min=~ ~r ~er~ ~e 'C°mm~ee:may,.
by simple majo~ vote, W~ve ~e Ome Iim~. No ~on will ~ t~en; ~i~ ~mm~
ga~em info~a~on '~d mpo~ back to ~e C~ ~ncil. '
Plea~ ~1i ~ a SpeWers ~ =d print R to me ~mm~ Ch~n
Counciimember Sue Benham
~mp=y/
.. · .' You are in~ed ~ a~ ~e ~mm~ under ~b~ .~men~
Publb ~tements am Iim~ ~ ~r~ (3) min~ ~r ~er, ~e ~mm~ may,
by simple majo~ ~te, wa~e ~e Ume ,ma.: ~ a~ 'MIl be ~eh~ '~b ~'mm~
PI~ fill ~ a Spe~e¢s ~ ~d'pr~nt ~ m ~e ~ee Ch~
CounCilmem~r Sue Bertham
~mpnn~/
"You are ir~vited to address the Committee' .nde! i~.blic Stat?men. ts .on ahY subject
that is listed 0n the Committee Agenda:".' ..... . ~ . . . .,~. ~r
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
gathersinformation and reporls back to the City Council. ' ..
·Please fill out a speaker's Card and present it to the'committee Chair.
' ' :'Coun¢ilmember Sue Benham ',,
Name:
Company/
OmanizaUon:
Address:
' '. 'Committee Meeting Date~
You are invited to address the Committee Under Public Statements on any subject
that is listed on the Committee Agenda~ " .,
Pdblic statements am 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 repolts back to the City CouncE
PIease fill out a Speaker's Card and present it to the Committee Chair:.
Councilmember sue Benham
Company/ -
Organization:
Phone: ~ Fax/e-maih
Michael Turnipseed & Associates
1001 17th Street, Suite D
Bakersfield Ca 93301-4703
m. turnipseed@prodigy, net
Office 661-325-1191 V-mail/Pgr 661-632-8910
Fax 661-325-1192 Toll Free 866-656-1191 ..........
Air Quality Legislation
SB 700: Repeal of the Agriculture Exemption +
In early February, the Federal EPA ruled that it would impose sanctions on the State if
California does not comply with the Federal Clean Air Act (CAA). These sanctions
include the loss of billions of dollars in federal road/highway funds. The object of this
bill is to enact the appropriate measures to avoid any such sanctions. In addition, SB 700
recognizes the air quality improvements made by the agricultural industry and also
outlines the need for additional reductions in particulate emissions.
SB 700 establishes a new comprehensive definition in state law for "agricultural
stationary source of air pollution" and "fugitive emissions;" and requires those emissions
to be taken into account when determining the overall air quality impacts of agricultural
sources. The bill will require the Ag Industry to adopt a set of best management practices
for use by agricultural operations to reduce or eliminate air pollUtion from such activities.
It also requires the Ag Industry to obtain operating permits, through a streamlined permit
application process, no later than January 1, 2005. Lastly, SB 700 repeals the exemptions
from air permits under current law from agricultural sources of air pollution.
SB 700 also incorporates an incentive program to assist the agricultural industry to come
into compliance with state and federal clean air mandates. This bill directs the California
State Treasurer's Pollution Control Financing Authority to target lenders who
traditionally serve growers. Greater access by agricultural businesses to the California
Capital Access Program (CalCAP) will provide low interest-rate loans to creditworthy
farmers for the acquisition, construction, installation, or permitting of qualified pollution
control, waste disposal, and resources recovery facilities in California. Loans will be
funded from the Sale of tax-exempt bonds issued by the California Pollution control
Financing Authority on behalf of the eligible farmer. The interest costs will be
significantly lower than conventional financing mechanisms.'
Farmers and dairies will take on additional costs to meet new air quality standards. It is
critical that the Legislature seeks and provides financing mechanisms to farmers and
dairies to meet the new costs.
SB 701 - California Clean Air Bond Act of 2004
California's child asthma rates are almost twice the national average. Fresno County has
the highest child asthma rate in the State and more than 300,000 San Joaquin Valley
residents suffer from chronic respiratory conditions. SB 701 helps to finance existing and
new air quality programs. The California Clean Air Bond of 2004 will provide incentives
for industry, especially agriculture, to upgrade older equipment with cleaner emission
technology. In addition, the bond contains grant programs for asthma screening and
prevention, local air district monitoring equipment, as well as diesel school bus clean-
burning retrofits. Specifically, the bond provides financing for the following programs:
· Reducing Pollution from Diesel Trucks: The Carl Moyer Program ($400 million)
· Agriculture Clean Air Retrofit: The Carl Moyer Program ($600 million)
· Clean Vehicle Credits ($500 million)
· Clear Air Technology and Assistance for Confined Animal Feeding Operations or
CAFOs ($400 million)
· Agriculture Burning Phase-Out Program ($500 million)
· Agriculture Conservation Management Program ($400 million)
· Air District Monitoring ($300 million)
· Agricultural Land Preservation ($250 million)
· Asthma Screening and Prevention ($500 million)
· School bus Replacement and Retrofit ($300 million)
· Innovative Clean Air Technology Program ($400 million)
SB 703: Converting Ag. Pumps to Electricity
This bill reduces all stand-by charges including demand, connected load, and facilities
related charges to make electricity rates more competitive for agricultural producers.
It is the intent to develop a comprehensive measure that creates agricultural electricity
rate schedules that will provide an incentive to growers, who are currently using internal
combustion engines, to go back to the electrical grid. SJVAPCD currently estimates that
there are over 4500 diesel pumping engines currently in use in the San Joaquin Valley.
By giving incentives to producers through market signals and encouraging their voluntary
return to electricity, the SJVAPCD estimates that we can reduce NOx emissions by up to
125 million lbs. In addition to the phase-out of ag. burning, this represents the single
largest air quality improvement that can be accomplished in the short-term.
This bill aims to authorize the Public Utilities Commission to implement the best funding
mechanism to encourage growers to return to the grid. These include the following
measures:
Establish competitive electricity rates for growers compared to the costs to own and
operate diesel engines
· Consider air quality benefits when determining rates
· Provide a process for the retirement of Tier 1 diesel-engines first and next for Tier 2
engines
· Provide a process to quantify net air emissions
· Consider infrastructure costs for putting all pumps on the electrical grid
· Include the cost of incentives and allocate them equitably among customer classes
benefiting from the air quality improvements
SB 704: Ag Waste at Biomass Facilities
This bill will direct the San Joaquin Air District to require any facility that bums biomass
to demonstrate, as a condition to being eligible for funds from the Agriculture-to-Energy
Biomass Grant Incentive Program, that they significantly increase the percentage of
agriculture waste burned at their facility. In addition, the facility must use best available
control technology to reduce emissions from their facilities.
Biomass facilities currently reject local ag waste because of the cost benefit in accepting
waste from Southern California companies. SB 704 aims to increase the amount of ag.
waste accepted by biomass facilities, thus providing farmers with a cleaner alternative
than burning their waste on site. In exchange for accepting the more expensive ag waste,
this bill will include $6 million in funding incentives from the Energy Commission for
biomass facilities to take the additional ag waste.
SB 705: Prohibit Burning of Ag Waste in San Joaquin Valley
This bill prohibits, beginning June 1, 2005, the issuance of any permit to a person to bum
agricultural waste from pruning and field crops. It will also cross-phase out all other
types of ag. waste, including orchard removals, vineyard materials and weed abatement
by 2010. In addition, this bill will require the San Joaquin air district to develop and
implement, no later than June 1, 2005, best management practices for the. disposal of
waste such as tumbleweeds in an environmentally responsible manner.
This bill is a long overdue measure to end the practice of buming ag waste in the San
Joaquin Valley. Like SB 704, the intent of this measure is to compel the ag industry to
use cleaner, more environmentally safe, waste management practices.
Amendments will be added to SB 705, which provide for a process in which a grower
may obtain a conditional bum permit if their crops are diseased. Modeled after
provisions in the phase-out office burning in the Sacramento Valley, a grower would be
able to obtain a condition permit if the county agricultural commissioner has determined
the following:
- During the growing season, there is a significant presence of a pathogen that
will cause a substantial, quantifiable reduction in yield in the field to be
burned during the current or next growing season
- There is no other economically nor technically feasible alternative means of
eliminating the disease beside burning
- Best Management Practices to control the disease have been used, with.
burning as the last resort
In addition, the Fresno County Ag Burning Working Group has agreed to an amendment
in which the end date for vineyard removal materials should be moved from 2007 to 2010
due to the need for more research and technology to remove wires from vineyard waste.
SB 707: New Dairy Zoning Legislation
This bill will prohibit any dairy farm from opening a new facility or expanding an
existing facility within 3 miles of a town, unless it notifies and consults with cities near
the proposed site and ensures that a buffer is in place to leSsen the adverse effects of the
dairy.
Amendments to SB 707 also include applying the same California Environmental Quality
Act (CEQA) provisions currently used to permit large industrial facilities to the
construction of new dairies.
The object of this bill is to give local authorities, including cities, a greater voice in
determining the placement of future dairies, as well as to protect the public health of
communities located near Confined Animal Feeding Operations.
SB 708: Gross Polluting Vehicles
Mobile sources of air pollution such as automobiles, motorcycles, trucks, and off-road
vehicles are the single largest contributor to smog-forming emissions in California.
According to the State Air Resources Board, one smoking vehicle can put thc same
amount of pollution into the air as a hundred well-tuned vehicles. In an effort to further
reduce emissions from these verifiable gross polluters, SB 708 will enact the following:
Current law provides that when a California Highway Patrol officer or other local law
enforcement agency cites a smoking vehicle, the driver receives a fix-it ticket. This
allows the driver of the dirty vehicle thirty days to make the necessary improvements to
reduce emissions. If the driver fails to clean up the car, they receive a first-time fine of
$100. SB 708 would increase the penalty on these smoking vehicles to $200.
Local law enforcement agencies and air quality management districts have the
option of using the addition revenues from these increased fines to create a
random on-road-sampling program for Smog Check. This program would allow
sheriff and police departments, in conjunction with local air district personnel, to
establish a check point along side existing D.U.I. check points to visually monitor
and cite smoking vehicles on California roads.
The California Department of Consumer Affairs and Bureau of Automotive Repair
offer the Smog Check Consumer Assistance Program, which aids drivers who
meet certain income requirements to come in compliance with Smog Check. At
present, this program only applies to drivers during their biannual smog check.
This bill makes the participation in the Consumer Assistance Program available
for income-eligible drivers who receive a fix-it ticket at any time for a smoking
vehicle. Increased participation in 'the program will alloTM for additional upgrades
to gross-polluting vehicles with new emissions-reducing components.
SB 709: San Joaquin Air Pollution Board
SB 709 will give greater flexibility to the San Joaquin Valley Air Pollution Control Board
over mobile source emissions. This authority includes the ability to require ride-sharing
programs for businesses with 100 or more employees and raise the car registration fee.by
no more than $1 to fund clear air programs. In addition, the air district will gain the
authority to monitor all stationary agricultural pumps. SB 709 also establishes an office
of small business and agriculture assistance to aid farmers with compliance to new air
quality measures.
The objective of the bill is to provide the Air Pollution Control District with increased
authority to create and fund air'quality improvement initiatives in the Central Valley.
RECEIVED: 6/23/03 2:42PM; ->CITY OF BAKERSFIELD; #51; PAGE 2
' Jun-23-2003 02:36pm From-SENATOR DEAN FLOREZ 916 32? 5gsgT-500 P.OOZ/O02 F-145
......... esno
. FRESNO ~ITY COUNCIL
to acug '
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. ~F~o~Co~ofl~ ~[ ~n~. ~1~ ~ ~ much ~
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mPpoffa ~ o[s~n dean.air ~in8 as.~e ~palng
ran~e~ ~daid~ ~ well ~ ~on problem b: ~wn ~ u~
emi~io~ ~m ~ and ~, ~wl, ~II,,M: saM.l~ is aome.
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~o~ aa b~lr o~ ~ p~p~ Oppoo~m, ~wewr, ~ald ir
~ h~n ~[nrs md [in~ up Is~s]a~op mar ~ al~dy been
mui ~m~ sm~e~ m ~ amenaea and will likely ~o
b~re~ co.oil. · chroF~ ~nh,~ ~n~s as~t
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~age~ ~nmia ~mrh'ne an~ ~-. 'Irs .............. r'-~
~m~ ~rSu~e bil~, o:m~e ~illsa~lhb ~me,' he said.
~d Brian Qlhoun ab~ne~ ~fla ~y ~i~
~u~ as~ ~im whom ~ ~a~ 8u~ ae~ ~ ~ bJIJs
fi~, ~ ~ ~ia ~and on wiff allow ~o~mm~t
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in h~ d~ ~ppon ~s.~ ~an~ ~e ~es of bills ~ SS Pl~e ~ ~ ~ B5
oppose the
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duce ~.~hich"~'~'~._'~ _~ m~dl's ac~o~ CanS=
~uld ~ ~2'"Pc added, will hu~
umm~ racflid~ ~ bum ~ ~Sop~a ~noJo~ o ' '
~[~mpm~e/e~ feted ~onallv ~a~ ,...r-
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~Jq~SSlO~, - w
m .Michael Turnipseed & Associates
}une 23, 2003
Mayor Harvey Hall
Vice-Mayor David Couch
Councilmember Irma Carson
Councilmember Sue Benham
Councilmember Mike Maggart
Councilmember Harold Hansen
Councilmember 3acquie Sullivan
Councilmember Mark Salvaggio
Mayor Hall and Councilmembers:
It has come to my attention that the City Council will be reviewing and
possibly endorsing Senator Florez~ package of bills that address air pollution in
California. The Agricultural Community has monitored this package of bills since
they were introduced on February 2~ and the Agricultural Community has met with
the Senator on several occasions with suggestions to improve SB700. To date,
Senator Florez has not accepted the amendments we have offered. Negotiations
are continuing.
Attached you will find copies of the bill, a memo describing why the
agricultural community is opposing SB 700, and the SB700 Amendments offered by
the Agricultural Community.
The Executive Committee of the Kern County Farm Bureau voted
unanimously to oppose $B700 until Senator Florez accepts the proposed
amendments.
Until Senator Florez makes a decision on our proposed amendments, the
Agricultural Community respectfully requests that the Bakersfield City Council
reframe.from taking a position on $B700. SB700 is flawed, will not clean the air to
the public's expectations, and Senator Florez needs to hear this from you.
Thank you for your time and consideration of: our request. If you have any
questions, please feel free to contact me.
Respectfully,
Michael Turnipseed
CC: City Manager
City Attorney
1001 17th Street, Suite D Bakersfield Ca 93301-4703
Phone: 661-325-1191 Fax: 661-325-1192
BILL NUMBER: SB 700 ; AMENDED BILL TEXT
AMENDED IN SENATE MAY 13, 2003
AMENDED IN SENATE MAY 7, 2003
AMENDED IN SENATE APRIL 24, 2003
INTRODUCED BY Senators Florez and Sher
FEBRUARY 21,2003
An act to amend Section 42310 of, and to add Sections 39011.5, 39023.3, 40724, 40724.5,
41511.5, and 44559.9 to, the Health and Safety Code, relating to air quality.
LEGISLATIVE COUNSEL'S DIGEST
SB 700, as amended, Florez. Air quality: emissions: stationary sources: agricultural
operations.
(1) Existinglaw authorizes the beard of every air quality management district and air pollution
control district to establish a permit system that requires any person that uses certain types of
equipment that may cause the emission of air contaminants to obtain a permit. Existing law
· exempts vehicles and certain types of equipment from those permit requirements.
This bill would eliminate that exemption for any equipment used in agricultural operations in the
growing of crops or the raising of fowl or animals. To the extent that the bill would increase the
number of permits that a district beard, electing to establish a permit system pri°r to January 1,
2004, would be required to issue, the bill would impose a state-mandated local program.
(2) Existing law defines various terms governing the construction of air pollution control laws in
the state, and authorizes the state beard to revise lhose definitions to conform with federal law.
This bill would define the terms "agricultural stationary source of air pollution" and "[ugitive
emissions," and would prohibit, notwithstanding the existing authority, the state beard from
revising those definitions.
(3) The existing federal Clean Air Act requires districts to adopt local programs for issuing
operating permits to major stationary sources of air pollutants. The existing act defines a
stationary source as any building, structure, facility, or installation that emits or may emit any air
pollutant.
This bill would require, by July 1,2004, each district in which a stationary source of air pollution
is located, to adopt a rule or regulation that requires the district to issue, each agricultural
stationary source to obtain, by January 1, 2005, every operating
permit required by the federal act for stationary sources. The bill would require, by January 1,
2005, each distdct in which an agricultural activity is conducted to best management practices
for that activity.
This bill would require that an agricultural source of air pollution be regarded as a stationary
source in the state for the purposes of the federal act. The bill would also require a district,
when determining if an agricultural stationary source is a major stationary source of air pollution
for the purposes of the federal act, to include precursor emissions from those sources. The
additional duties for districts under the bill would impose a state-mandated local program.
(4) Existing law establishes the Capital Access Loan Program for Small Businesses,
administered by the Califomia Pollution Control Financing Authority, which provides loans through
participating financial institutions to entities authorized to conduct business in the state and
whose primary business location is in the state. This bill would require the authority to expand
the program to include outreach to financial institutions that service agricultural interests in the
state for the purposes of funding air pollution control measures.
(5) Under existing law, any person who violates a rule, regulation, permit, or order of a district is
guilty of a misdemeanor. Because this bill would increase the number of people who are subject
to that provision, it would expand the scope of a crime, thereby imposing a state-mandated local
program.
(6) The California Constitution requires the* state to reimbume local agencies and school districts
for certain costs mandated by the state. Statutory provisions establish procedures for making
that reimbursement.
This bill would provide that no reimbursement is required by this act for specified reasons.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program:
yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. (a) The Legislature finds and declares all of the following:
(1) Agricultural operations necessary for growing crops or raising fowl or animals are a
significant source of directly emitted particulates, and precursors of ozone and fine particulate
matter. These emissions have a significant adverse effect on the ability of areas of the state,
including, but not limited to, the San Joaquin Valley, to achieve health-based state and federal
ambient air quality standards.
(2) Since 1999, the agriculture industry has reduced emissions of oxides of nitrogen (NOx) by
~31'tt't ,, ,
more than ~.., 2000 tons per year, emissions of particulate matter of 10 microns in diameter (PM
10) by more than ~00 ~ tons per year, and emissions of volatile organic compounds (VOCs)
from agricultural chemicals by more than 20 percent. According to the state board, however,
agricultural sources of air pollution still contribute twenty-six percent of the smog-forming
emissions in the San Joaquin Valley.
(3) In the San Joaquin Valley, a large portion of the sources of PM 10 emissions are areawide
sources whose emissions are directly related to growth in population and the resulting vehicle
miles traveled. According to the state board, however, agricultural sources of air pollution
account for over fifty percent of the particulate air pollution generated in the valley during the fall,
amounting to over 170 tons per day of emissions.
(4) All parties living or operating a business in an area that has been classified as being a
nonattainment area with respect to the attainment of federal or state ambient air quality standards
share the responSibility of redudng emissions from all criteria pollutants.
(5) The federal Clean Air Act (42 U.S.C. Sec. 7401 et seq.) prohibits the state from adopting
emission standards or limitations less stringent than those established under the federal act,
including limitations on emissions from agricultural sources.
(6) Division 26 (commencing with Section 39000) of the Health and Safety Code establishes
numerous policies and programs to reduce air pollutants for the protection of public health.
(7) The purpose of the act adding this section is lo establish a new program at the state and
regional levels to reduce air emissions from agricultural sources in order to protect public health
and the environment.
(b) It is therefore the intent of the Legislature to require the State Air Resources Board and air
quality management districts and air pollution control districts in the state to regulate stationary,
mobile, and area sourceS' of agricultural air pollution.
SEC. 2. Section 39011.5 is added to the Health and Safety Code, to read:
39011.5. "Agricultural stationary source of air pollution" or "agricultural stationary source"
means a source of air pollution or a group of sources on contiguous property under common
ownership or control that meets either of the following criteria:
.......... ~ ;~;fl. ;o ~ ........ *~' *~ ..... ;'~ M ts the clefiflieion of a Title V sourc~
as defined in 39053.5.
~., ~....qnn~ ~ee~ ~e ~ provisions mqui~ o~ ~11 ~on~ somme, in O~l~omi~ ~
~e~n~ in 423~.~2. No~ithstending su~ivision (b) of ~e~ion 39801, Iht ~te ~ m~y
revise lhis defin~ion for the pu~oses of Ibis se~ion.
SEC. 3. Se~ion 39023.3 is added to the Health and Safety C~e, to read:
39023.3. "Fug~ive emi~ions" mean those emi~ions that ~nnot reasonably pass through a
stack, chimney, vent, or other fun~ionally equivalent opening, when using the best available
~ntrol technology. No~ith~anding su~ivision (b) of Se~ion 3~01, the ~ate boa~
may not revise this definition for the pu~ses of this se~ion.
SEC. 4. se~ion 40724 is added to the Health and Safety Code, to read:
40724. Not later than July 1, 2004, each di~d~ in which an agdcuEural stationa~ sour~ of air
pollution is lo,ted shall adopt a role or regula~on that requires the di~d~ to i~ue, and
each agdcuEural stationa~ source to obtain, not later than Janua~ 1, 2005, eve~ operating
~it required for ~ationa~ sour~s pursuant to Subchapter V (~mmendng with Se~ion 7661)
of Chapter 85 of Title 42 of the Un~ed States C~e. Nothing in this se~ion is intended to delay or
affe~ any a~ion taken by a di~d~ to mdu~ emi~ions of air ~ntaminants from an agdcuEural
stationa~ sour~ pdor to Janua~ 1,2004.
SEC. 5. Se~ion 40724.5 is added to the HeaEh .and Safety C~e, to mad:
40724.5. Not later than Janua~ 1, 2005, and in addition to any appli~ble requirement
of the federal Clean Air A~ (42 U.S.C. Sec. 7401 et seq.), each air di~d~ cla~ed as serous
non-~inment for na~onal ambient air qual~ ~ndar~ of .PM1e in which an agricultural
a~iv~y, including, but not lim~ed to, tilling, discing, or a~ies mlat~ to tilling or discing, is
~ndu~ed shall adopt ~st management pm~s for those a~iv~ies. Not later than Janua~
2~7, air ~ cla~ed ~ mode~e non-e~nment ~r ~e n~onal ambient air
;ual~ ~ndar~ of ~t0 in ~ich an a~dc~ml active, incl~inm b~ not lim~ed to
~llinm ~scin~, or a~v~ rel~ed to ~llinq or ~scinq, ts con~ shall a~ b~
management p~c~ ~r ~e a~v~. Air di~ ~ am in ~nment for na~al
ambient air qual~ ~nda~ of PM10 in ~ich an ~ricu~u~l a~. inclu~nm b~ n~
lim~ ~, ~lli~q, discinR, or a~ mlat~ ~ ~lline or d~scinq. ~ conduced may
~ management p~c~ for thee activ~ ~ ~e air ~ ~e~ ~ nece~e~.
Nothing in this se~ion is intended to delay or affe~ any a~ion by a di~ to redu~ emi~ions of
air ~ntaminants from those a~iv~ies pdor to Janua~ 1, 2004.
SEC. 6. Se~ion 41511.5 is added to the Health and Safety Code, to read:
41511.5. (a) An agdcu~ural source of air ~llution shall ~ regaled as a ~ationa~ sours, as
that te~ is defined in Se~ion 7411 of T~le 42 of the united ~ates C~e.
' ~" '""~ ~' ~"'"'""~ .. ~., ~..~,~,~, ~,~,,~.j vv~,~ ~, ~J. ~v,,~..~.. ,~ ~ ~
H~tJnn~n, ~n~,~ nj ~ nnlh,tJnn l~a ~t~ hnn~ ~n~ ~ ~J~lN~ ~h~ll Jn~l,,~ n~,,mn..
(c) Nothing in Ibis se~ion shall lim~ or ab~dge the amho~ly granl~ pu~uant to this division
the ~ate boa~ or a di~ ~o regulale emi~ions of air ~nlaminants from ag~cullural sour~s.
SEC. ~. 8emion 42310 oflhe Heallh and Safety C~e is amended t° read:
42310. A pe~ shall nol be required for any of lhe following:
(a) Any vehicle.
(b) Any ~m~ure design~ for and used exclusively as a dwelling for ~o~ more than four
families.
(c) An in~nerator used ex~usively in ~nne~ion wilh a ~m~ure desc~bed in su~ivisio~ (b).
(d) Ba~cue equi~ent lhat is not used for commerdal pu~oses.
(el Any equipment used in ag~cultural operations in the growing of crops or the raising of fowl
or animals, except that equiDmenf; at a maior station;try source of air pollution as deft/nevi in
~;~on lf2 (42 USC Section 7412), part O of TifJe I (42 usc Section 7601 et seq.),
2 (42 usc section 7602~ or Title V (42 USC Section 7661 et seq.) of the Federal Cleen Air
Act. tThe distdct board of any district which is, in whole or in part, south of the Sixth Standard
Parallel South, Mount Diablo Base and Meridian, may require permits for the operation of orchard
and citrus grove heaters. In no event shall a permit be denied an operator of such heaters if the
heaters produce unconsumed solid carbonaceous matter at the rate of one gram per minute or
less.
(fl Repairs or maintenance not involving structural changes'to any equipment for which a pem~it
has been granted. As used in this section, maintenance does not include operation.
SEC. 8. Section 44559.9 is added to the Health and Safety Code, to read:
44559.9. The authority shall expand the Capital Access Loan Program established by this
article to include outreach to financial institutions that service agricultural interests in the state for
the purpose of funding air pollution control measures.
SEC. 9. The provisions of the act adding this section are severable. If any provision of this act
or its application is held invalid, that invalidity shall not affect other provisions or applications that
can be given effect without the invalid provision or application.
SEC. 10. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the
California Constitution for certain costs that may be incurred by a local agency or school
district because in that regard this act creates a new crime or infraction, eliminates a crime or
infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of
the Government Code, or changes the definition of a crime within the meaning of Section 6 of
Article XIII B of the California Constitution. In addition, no reimbursement is required by this act
pursuant to Section 6 of Article XIII B of the California Constitution for certain other costs that may
be incurred by a local agency or schooldistrict because a local agency or school distdct has the
authority to levy services charges, fees, or assessments sufficient to pay for the program or level
of service mandated by this act, within the meaning of Section 17556 of the Government Code.
Agricultural Council of California Fresno County Farm Bureau
California Association of Winegrape Growers Los Angeles County Farm Bureau
California Bean Shippers AssociatiOn Madera County Farm Bureau
California Cattlemen's Association Nisei Farmers League
California Cotton Growers Association Orange County Farm Bureau
California Cotton Ginners Association Pacific Egg and Poultry Association
California Farm Bureau Federation San Diego County Farm Bureau
California Floral Council San Joaquin County Farm Bureau
California Grain and Feed Association Western Growers Association
California Rice Commission Wine Institute
California Rice Industry Association Western United Dairymen
California Seed Association Yuba-Sutter County Farm Bureau
California State Floral Association California Agricultural Production Consultants
Kings County Farm Bureau Association
California Warehouse Association
SENATE'BILL 700-OPPOSE
* The above organizations oppose SB 700 (Florez) because it proposes to create a state Title V
operating permit program unique to the agricultural community that is more restrictive and
encompassing than regulations currently imposed on other Title V sources in California.
· The agricultural industry understands the federal mandate that agricultural equipmentl which meets
the definition of a major source of air pollution, must be regulated under Title V and the associated
'programs of New Source Review (NSR) and Prevention of Significant Deterioration (PSD) of Air
Quality.
· SB 700 requires every air district in the state in which an agricultural activity is conducted to adopt
best management practices. P~egulations regarding agricultural activities already exist, and in many
cases are being strengthened in areas of the state, including the San Joaquin Valley, where stroh
action is necessary. SB 700 will create a state mandate and require local air districts currently
classified as 'in attainment' to spend scarce financial resources to implement unneeded regulations.
· No group anywhere in the United States, except California farmers and ranchers, will have to
determine precursor emissions of ammonia for Title V purposes. Ammonia is not required in the
emission inventory of any industry in the nation as it is not considered a hazardous air pollutant and
is not listed in Title 1, Section 112 of the Clean Air Act.
· The agricultural communit~ understands and appreciates the health concerns raised by Senator Florez
and other interested parties. We too are concerned. To that end, we have offered amendments that will
allow the state to impose Title V, NSI~ and PSD permits to the agricultural sources that meet the
thresholds for these air quality programs. These amendments completely remove the threat of any
federal sanctions being imposed that withhold highway funds or require additional emission reduction
credits for stationary sources that want to expand or modify their operations.
· We do not oppose being regulated by the same Title V program that is applied to other
industries. We do not support using state funds to set up a separate program for the
agricultural industry that no other industry in California or the nation has to comply with. We
ask that you take our amendments into consideration and realize the huge emission reductions
that will still occur With the more equitable approach that has ,been offered by the agricultural
community.
SB 700 Amendments offered bY the Agricultural Community
Section 1: Corrected the emission reductions that are attributed to the agricultural
industry to reflect 2000 tons/year of NOx and 500 tons/year of PM10. These emission
reductions are documented in ARB and USDA data that we can provide.
Section 2: These two amendments refer to the current statute that regulates all Title V
sources in California. This would require all agricultural' stationary SoUrces of air
pollution to be defined and regulated in the same manner and degree as other such
sources in California. In its current form, SB.700 proposed to regulate agricultural
sources of air pollution more stringently than other stationary sources of air pollution in
California.
Section 5: These amendments would phase in the requirement that air districts in which
an agricultural activity, including, but not limited to tilling, discing, or activities related to
tilling or discing, is conducted shall adopt best management practices for those activities.
It would require air districts in severe non-attainment for PM to adopt BMP's by 2005,
air districts in moderate non-attainment for PM to adopt BMP's by 2007 and allow air
districts in attainment to decide ifBMP's are necessary.
Section 6: Section 6 was amended to reflect the amendments made in Section 2.
Agriculture would fall under the current definitions and regulations as other stationary
sources as contained in Sections 39053.5 and 42301.12 of the Health and Safety Code.
According to the federal Clean Air Act and implementing regulations, ammonia is not a
regulated criteria pollutant or hazardous air pollutant (HAP), nor is it currently regulated
as a precursor to PM10 or PM2.5. Only regulated pollutants are required to be included
in evaluations of Title V applicability.
Section 9: This amendment reflects the language that was provided by U.S. EPA to
insure that major stationary sources of air pollution would be subject to Title V permits
and all associated programs (NSR and PSD) and was approved by CARB.
RECEI'VEO-' E~/19/O~, 12:~,:3PM; ->CYTY OF' BAKERSFZEI. D; #24; PAGE ~,
06-]9-2003 II:H~, Fro,'-$ENATOR DE~I FLOR;Z. 661395Z622 T-748 P.003/010 F-456
---, uurt-lu-U~l 11:59; Page 3
3:30 ~ ROLL CAT.T:
n~on ~ R~mnd F~er ~hen N~an of ~e Gt. Paul A~enian Chu~
~m~m~on ~"~FUGEE AWnEd8 ~N~' - ~oun~l Pr~ent Bo~. ~ and
'mdama~ ~-~TiO~ EMPLO~E H~L~ ~D F~E88 ~ -.~yor~ - R~d and p~n~d
'm=am;~n of 'FRESNO H~H SCHOOL 8~10~ ~. ~un~l P~ide~ Bo~j~n. ~ld =~r
'm~ma~an of ~BC, F~SNO COU~ TROD. FRESNO POU~ DA~ - ~l~ber Ds~s. ~ad and
m=~on of 'FRESNO COU~ 8PO~MENS' ~kUB - Ouun~member Dun~n. ~ and
RECETVEO: 6/19/O3 12:34PM; ->C'rTY OF BAKERaF'rELD; #24; PAGE 6
06-19-Z003 l l:30am From-SENATOR DEAN FLOREZ 6613gszszz T-746 P.006/010 F-456
....... ' '"~== ~ge 8/10
J. _l~_ject afl bids for well alta improvements at Pump Station 13A, 27A, 63, 2.42 & 30;3 o General Services
ueptJDapt, of Public Ub'lltiaa
~ Rejected/shift to rabid the prajoct
K. ' _RE$01.UTiON.85. amendmentto/~RNo. 2002.216appro . . 1
b-'tateofCaiffomial .,.~.,,^. .... . ...... priatfrlg$ 52,,g001rigrantfundsfrom~le
~r,u uevelol~ment DepL ....... ~, (Hequ/ra~ $ af//~ vofea~ - Planning '
~ Flesolution No, 2003.151 adopted
1, ' RF~OL~I~. 15"' arrlefldmerrt to P^R No. 2002-217 for the Waste Tire Enforcement
Program
~ Resolution No. 2003-16S adol~ed
L. RE$OLLrrlON. Authorizing appli=ation submi~ion and r, ord:rac~
U.S. Oepart~ent o!' .... xe~tlon f=rtrarlsit funcL~ with the
Transportation - Federal Transit ~:lmlttis~ltion .
Manager on bei'ta/f of the tit,, M c,,~... ,~ .... .. _ (I~TA) by ~lg Transit General
· . -~ ,-, , ,r..~Hl,~ ri~rlO J%rBa 1-~
Action ?aken: Rmolution No, 2003-155 adopted P
preaenlatto~mad; "' ~,,.,,~,,,.a,~;,~ g~ government- CouncJlmembers Calhoun anti Duncan ·
10:00 A.M, ,H..EARING m consider Re. ne Al~plicafion No,. 1:[-02~.7 and environmental flndin.._gs, 'filed by Robert
.wood, for 10,0 aa'es of properly located
Avenues (PmPerfyloeatedinDistrlet2) on tho northeast corner of N. eomelia and W. Bullard
~ Held - Planning and Development Dept.
a, Consider and~dept the Mitigated Negative Declaration for Environmental Assessment No.
R-02-671C-02 291
Adopter
b. BILL. Amending the Official Zon~ Map to rezone the subject property from l~e ^E-5/UGM
(Exc/usive F'we-Acm Agricultural DIstrtcl/Urban Growth Management) zone distri~ to the
........... 0,# ~o,, =,-,r.orcIIItance No. 2003,4t adoldlJd ...
0:06 A.M. [:)~sc~ssion, ~on, and actloll regarding the request to endome the following ;tale Senate Biffs
pertaining to air quality: - Coun~ President
1. SB 700: Rel~eal of the Agriculture Exem~on
2. SB 701: California Clean Air Bond Act of 2004
3. SB 703: Revokin9 Diesel Demand Charges
4. SEI 704: Ag Waste et 81omass FacililJes
$. S8 705: Prohibit Burning of Ag Waste in San Joequlrl Valley
6. 88 71)8: Gross Polluting Vehi~e$
7. 88 7ON: EXpanded Autho~'y c~ the 8an Joaquin Air District
~ Bills endomed
RECEI'VED: '(~/19/03 12:33PM; ->CTTY OF BAKERSFZELD; #24; PAGE 2
06-10-2003 ll=2gam Froa-SENATOE DEAN FLOP, EZ 6613062622 T-748 P.OO2 F-456
~N~ ~& ~72~ e~U~ ~
DEAN F~REZ
SENATOR, 5I~[E~H DIS~RICT
CHAIR,
2ANKING. COMM~RC~ AN~ INTERNATIONAL ~RA~
F~. CA 93~l
Vall~w~, mom t~ 3~,~ ~d~ ~ ~ a~ ~ c~U~ ~ v~1~
~piLal~ ~ s~ ~~ ~t
di~lficl ~ ~d~ being ~ thc
m~lai~t ~
In ~ili~ ~e F~ ~A ~
ordolb~ ~ ~t~i~ for ~bdc ~
that tl~ r~ it ~ngly affi~t ~ ~ ~ly ~ pm[~o~ls ~ ~ m o~ ~ d~
% aa~ ~ ~ o~or air q~ity,
Ss ?oo: Repeal of thc A~riadtare Esempdon +
sB 700 erab]ishes. ~ ~b~s~ ~~ in ~ hw for '~~t s~ ~ of
air ~ll~~ ~ "~ve ~tom;" a~ ~u~, ~ ~s~M to ~ ~ ~ ~ ~
d~inln8 t~ o~ ~r ~ty i~ ~'a~~ ~. ~ ~ ~fl ~ t~ ~
i~u~ m ~ a ~ of b~t ~~ ~ ~r u~ by e~~ ~m m ~ m
~i~ tl~ a ~1~ p~ ~~ ~ ~ I~ ~ ]~ L 2005, ~y. ~
7~~the~dom~p~~~~~a~~~~ ·
RESOLUTION NO. ~ 0 I
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF BAKERSFIELD REGARDING
SITING OF DAIRIES
WHERF. J~, the City of Bakersfield is pro-business, pro-agriculture and supports the
attraction of business and industry to Kem County; and
WHEREAS, in attracting business and industry to Kem County, all pertinent
regulations should be clearly set forth; and
WHEREAS, such regulations should detail the approval processes, siting criteria
and land use relationships for such businesses and industries; and
WHEREAS, the City of Bakersfield and County'of Kem have a joint interest in the
type, quality and location of development within the Metropolitan Bakersfield 2010 General
Plan ("2010 General Plan") area; and
WHEREAS, 'the City of Bakersfield and County of Kern am committed to a
cooperative approach to providing government services, including development review;,
and
WHEREAS, there needs to be a balancing of compatibility between the growing
economy of the urbanized area and the growing industriallagricultuml economic base in
the areas adjacent thereto; and
WHEREAS, projects such as dairies and other significant agricultural and industrial
projects affect the City of Bakersfield and its residents, as such projects occur within and
adjacent to the 2010 General Plan boundaries; and
WHEREAS, the City of Bakersfield and County of Kem should develop a
coordinated, consistent protocol for jointly reviewing extraordinary and significant projects
at and/or near the incorporated/unincorporated boundaries of the metropolitan ama; and
WHEREAS, the City Council believes certain specific recommendations of the Dairy
Technical Advisory Committee do not adequately protect the citizens of the City of
Bakersfield by allowing dairies Within the 2010 General Plan area via the Conditional Use
Permit process.
Page I of 3
ORIGINAL '
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Bakersfield
as follows:
1. The above recitals are true and correct;
2. The City Council is hereby opposed to the establishment or enlangement of any
dairy:. (1) within the boundaries of the 2010 General Plan ,By-Right.' by issuance
of a permit or by any other means; (2) within throe (3) miles of any existing or
planned residential development outside of the boundaries of the 2010 General
Plan; and (3) within two (2) miles 'of any property used for water recharge or
recovery purposes; and
3. The City Council hereby directs that this Resolution be conveyed to the Planning
Commission of Kem County for inclusion in the record of said Commission's
consideration of this issue.
Page 2 of 3
I~ .
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 JUN ~ ? ~na!
, by the following vote:
C~.. Councilmember Benham, Carson, Maggard, Couch, Hanson, Sullivan, Salvaggio · a, bslain: Coun cilmembe~~--~--~
Absent: Councilmember~ll~~
CITY CLERK AND EX OFFI~}O of the
Council of the City of Bakers~bld
APPROVED .~IUN
HARVEY L HALL
Mayor
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY
aJT:laa
Page 3 of 3
B A K E R S F I E L D
OFFICE OF THE CITY MANAGER
MEMORANDUM
June 20, 2003.
TO: Alan Tandy, City Manager
FROM: John W. Stinso~s/iistant City Manager
SUBJECT: ALS Ambulance Service Requirement Summary
The attached documents provide the background and reasoning for the ALS service
requirement in the current ambulance ordinance. In December of 1994 the City
received a letter from Hall and Golden Empire Ambulance Companies requesting
several changes to the City's ambulance ordinance. They requested that the City
require paramedic response to all emergency calls (which they indicated County
EMS was to require); adoption of rates through a process similar to that found in the
taxicab ordinance; and a clarification of services provided by non permitted providers
in the City of Bakersfield.
These requests were referred to the Budget and Finance Committee of the City
Council. The Committee had staff draft the ordinance changes requested by the
ambulance companies and ultimately the proposed ordinance changes were
recommended by the Committee and placed on the Council's agenda of February 8,
1995 for consideration.
As the February 8th administrative report describes, there were concerns regarding
the company's request that all ALS rates be charged for all calls even if paramedic
services were not performed. Further, it was not clear that Kern County EMS was
going to require ALS as a minimum service level as was earlier indicated. Therefore
it was not recommended to change the ordinance to require ALS service. The
change in the fee setting process and other language clarification issues requested
were recommended for approval. At the February meeting, at the request of the
ambulance companies, the proposed ordinance was referred back to the Committee
by the Council.
Further correspondence was received from Hall and Golden Empire Ambulance
Companies describing their desire to have the City "require permit holders to
respond paramedics (ALS Service) to all ambulance requests." And further to
addreSs the concerns regarding charges to clarify the wording in the resolution
establishing ambulance service charges as follows "Advanced Life Support - All 911
responses, responses not pre-arranged within two (2) hours of ambulance dispatch
S:kJOHN\Projects~AMB~,LS Requirement Summary.doc
time and non-emergency responses when ALS services are specifically requested or
provided" and "Basic Life Support- Pre-scheduled non-emergency ambulance
responses when ALS procedures are not requested or provided.
The ambulance companies agreed to commit to a two year program to have a joint
dispatch system using computer aided dispatch and implementation of automated
vehicle Iocators (AVL) in the second year. The ambulance companies also
suggested that "all rates would remain unchanged, except that those patients
receiving ALS response would be billed for that response" in order to accomplish the
dispatch and AVL improvements and they would also "agree to drop the $68.00 per
hour charge for Waiting Standby Time."
The .Budget and Finance Committee recommended these changes to the proposed
ordinance including the others originally discussed at the February 8th meeting at the
meeting of March 22, 1995 where it was given first reading. The ordinance was
adopted by the City Council on April 5, 1995.
S:~JOHN~Projects~,MB~ALS Requirement Summa~.doc
B A K E R S F I E L D
OFFICE OF THE CITY MANAGER
MEMORANDUM
June 20, 2003
TO: Alan Tandy, City Ma0ager
FROM: John W. Stinso~J~Js~iistant City Manager
SUBJECT: ALS Ambulance Service Requirement Summary
The attached documents provide the background and reasoning for the ALS service
requirement in the current ambulance ordinance. In December of 1994 the City
received a letter from Hall and Golden Empire Ambulance Companies requesting
several changes to the City's ambulance ordinance. They requested that the City
require paramedic response to all emergency calls (which they indicated County
EMS was to require); adoption of rates through a process similar to that found in the
taxicab ordinance; and a clarification of services provided by non permitted providers
in the City of Bakersfield.
These requests were referred to the Budget and Finance Committee of the City
Council. The Committee had staff draft the ordinance changes requested by the
ambulance companies and ultimately the proposed ordinance changes were
recommended by the Committee and placed on the Council's agenda of February 8,
1995 for consideration.
As the February 8th administrative report describes, there were concerns regarding
the company's request that all ALS rates be charged for all calls even if paramedic
services were not performed. Further, it was not clear that Kern County EMS was
going to require ALS as a minimum service level as was earlier indicated. Therefore
it was not recommended to change the ordinance to require ALS service. The
change in the fee setting process and other language clarification issues requested
were recommended for approval. At the February meeting, at the request of the
ambulance companies, the proposed ordinance was referred back to the Committee
by the Council.
Further correspondence was received from Hall and Golden Empire Ambulance
Companies describing their desire to have the City "require permit holders to
respond paramedics (ALS Service) to all ambulance requests." And further to
address the concerns regarding charges to clarify the wording in the resolution
establishing ambulance service charges as follows "Advanced Life Support - All 911
responses, responses not pre-arranged within two (2) hours of ambulance dispatch
S:~JOHN~Projects~,MB~,LS Requirement Summary.doc
time and non-emergency responses when ALS services are specifically requested or
provided" and "Basic Life Support- Pre-scheduled non-emergency ambulance
responses when ALS procedures are not requested or provided.
The ambulance companies agreed to commit to a two year program to have a joint
dispatch system using computer aided dispatch and implementation of automated
vehicle Iocators (AVL) in the second year. The ambulance companies also
suggested that "all rates would remain unchanged, except that those patients
receiving ALS response would be billed for that response" in order to accomplish the
dispatch and AVL improvements and they would also "agree to drop the $68.00 per
hour charge for Waiting Standby Time."
The Budget and Finance Committee recommended these changes to the proposed
ordinance including the others originally discussed at the February 8th meeting at the
meeting of March 22, 1995 where it was given first reading. The ordinance was
adopted by the City Council on April 5, 1995.
S:~JOHN\Projects~,MB~ALS Requirement Summary.doc
AMBULANCE
USERVlCE
INCORPORATED
December 2, 1994
Vice-Mayor Kevin McDermott
Budget and Finance Committee
Bakersfield City Council
1501 Tmxtun Avenue ....
Bakersfield, CA 93301 "'
Chairman McDermott:
Golden Empire Ambulance and Hall Ambulance Service respectfully request the following
changes ,in the City of Bakersfield Ambulance Ordinance:
1. Require paramedic (ALS) response to all 'emergency calls. This standard will be
required by Kern County EMS when present permits are renewed.
2. Adopt the system for establishment of rates found in the taxi cab ordinance for
emergency medical service. (Item A)
3. There needs to be clarification of services provided by non permitted providers in
the City of Bakersfield. We ask adoption of the attached new sections. (Item Il)
Thank you for your time and consideration with this most important request. We will have
company representatives in attendance at your Iludget and Finance Committee meeting on
December 5, 1994.
Sincerely, ~' / Sincerely,
~ Peter W. Brandon
President, Hall Ambulance President, Golden Empire Ambulance
cc: Councilwoman Patri~ia I. DeMond
Councilman Randy Rowles
Assistant City Manager .lohn W. Stinson
(Enclosures)
5.50.170--5.50.200
5.$0.170 Route-Passenger limit in B. It is unlawful for any carrier or driver of a
taxicabs, taxicab to refuse or neglect to translx~ any orclefly
A. Every driver of a taxicab who is engaged person or persons upon request anywhere in the ·
to carry passenge~ shall take the most direct route city when a taxicab of such carrier is standing in a
possible.that will carry' the passengers safely and regularly assigned taxistand and such sen, ice shall
expeditiously to their destinations, unless other- he rendered immediately upon request. (Prior code
wise did'ted by such passengers. § 7.52.170).
B. When a taxicab is engaged, the person or
persons engaging such taxicab shall have the 5.50.190 Cruising or stopping to solicit
exclusive fight to the full and complete use of the passengers~Loading.
taxicab and it is unlawful for the carrier or driver It is unlawful for any driver of a taxicab while
of such taxicab to solicit or carry additional driving such vehicle to cruise, loiter or stop on a
,,. passengers therein; it is,unlawful for. tb.e carrier or .public street for the purpose of soliciting pas-
driver of the taxicab to permit any person ouher sengers or seeking a place in a taxi.stand which is
than the carrier or driver or a paying passenger, to already occupied. It is lawful, however, for such
occupy a taxicab whether such taxicab is waiting Vehicle while proceeding to a regularly assigned
employment in a regular designated stand or in taxistand, regularly established call Station or to the
motion upon the public streets; provided, carrier's principal place of business to accept
however, that where the city manager fi~s that employment when hailed from the sUe~ or curb;
public necessity requires the grouping of provided, that it is unlawfizl-for such driver to
passengers in such taxicabs, the city manager may . accept passengers at any of the fonowing places:
issue a special written permit, which permit shall A. In any marked or umna.,ked.crosswalk;
specifically set forth the rules and regulations B. At any reg,~larly estahiislzd Ires stop;
under which such passenger grouping is C. At any place in a street except alongside a
permitw~ It is unlawful for any driver or carrier to curb;
operate, or permit to be operated, any taxicab in D. Alongside any curb opposite tp a regularly
violation of any of the rules and regulations set emblished and marked traffic safety zone. (Ord.
forth in such special permits. 1~189 § 3, 1988: prior code § 7.~2.180).
C. The number of passengers which may he
carried in any vehicle covered by this chapter shall 5.50.200 Establishment of rates.
he llmlted to the seating capacity of such vehicle as A. Rates and fares chavged to the public must
specified.by the manufacturer. No personshan he he established by filing a rate schedule with the
canied in such vehicle who is t~luired to share in city by the permn/entity holding a valid permit
any way the seating space occupied-by another, The proposed rates and fares shall also be pub-
nor shall any person he carried who is required to lished in a local newspaper of general circulation at
occupy any space in or on such vehicle which does the time of filing same with the city 'so as to
not provide a seat. (Prior code § 7_S2.160). provide adequate public notice.
B. The city council must p~view such rates at
5.50.180 Availability of service, a noticed public meeting within sixty days of the
A. Taxicab service shall he available at an filing of the rate schedule. If no such review is
times by telephone call, by engagement of the held by the city council, the ~_~ shall remain as
taxicab when standing at a regularly assigned set fonh in the schedule and shall take effect sixty
stand, or when properly hailed from the street or days from .the date said rate schedule was filed
curb. with the city. ff the city council reviews the rate
279 0~ 2.93)
Item A
5.50.210--5.50.290
schedule within thc sixty day period, the council ~.~0,260 Refusal to pay fare.
may increase, decrease or accept the rams as It is unlawful for any penon m refuse ~o pay
submined. The rate, as increased, decreased or the authorized fare of any of the vehicles
accetned by the chy council, ~ ~,e effect sixty mentioned in this chapter after having employed
days from the date said rate schedule was~ same, and it is unlawful forany personto him
originally filed with the city. (Ord. 3490 § l, any vehicle covered by this chalxer with inien~
1992: pfioFcode § ?.52.180). ~ defraud the person from whom it is hired, or
"· ' ', engaged,'of the value of such service. (Prior code
S.$0~210 Waiting time. § 7.$2.240).
For the purpose of ~ chapter "waiting time"
means the time consumed, wlRlethe taxicab is not $.20.270 Carrier responsibility, requiring
in motion at the direction of a passenger and also operation by permit holder.
the time consumed while waiting for a passenger It is m-tlawful, for any carrier, as defined in
after having responded to a call, but no charge subsection A-of Section 5.50.010, to permit the
shall be made for the time consumed by the operation of any vehicle governed or affected by
prmnatum response to a call, .or for ~ flint three this chapter by any person other ~ a holder of a
minmes following timely arrival, at any location in driver's permit as r~luired by Section 5=~0.290.
response to a call or for the time lost tJ~ou~ (Prior code § 7.52.250).
traffic interruptions or for delays caused by the
ine~ciency df the taxicab oF its driver. (PfioF code $.$0.280 EmPloyment of.drivers*
§ 7.52.200). A. Vehicles coveted by &i.~ ~r shall be
operated only by the carrier or by a person, or
$.$0.240 Charging other than persons, employed by the cartier orby such other
established fares prohibited, persons who have ben issued a permit pms~ntto
It is unlawftl for any carrier, or any agent or this chapter who have leased a taxicab on a
employee thereof, OF ally driver OF OperatoF of ~ contrac~al basis with a carrier.
vehicle covered by this chapt~, to charge, coRext, 13. The carrier may enter into a contract,
demand, receive, arrange, solicit or bargain for agreement, or un~rstanding whereby a person
any amount of compemation other than tlc'rates OF may lease a vehicle f3um the cartier to opem~ as. a
fares established and authorized by this chapter, t,xxicab. In thc event that the carrier en~rs such
(Prior code § 7.52.220). agreement, the can'ier and the lessee shall each be
respomible for assuring that there is compliance
$.50.250 Display of rates, with the provisions of this chapter. (Ord. 2799 §
Every taxicab used or operated under this2, 1983: prior code §
chapter ~ at all times, have displayed ~ a
location, OF locations, and in a manner, which has $.$0.290 Driver*s permit-'Application--
been approved by the chief of police, the rates to Fee.Age restrictions--.
be charged for such taxicab se~ce, and which Expiration.--Renewal--Change
rates shall always be visible to all p~sengers in of carrier--Duplicates.
such taxicab. (Ord. 3189 § 8, 1988; prior code § A. It is unlawful for any person to drive,
7.52.230). operate OFbe in chr~ c~, any taxicab governed OF
affected by this chapter, without having first
obtained a driver's permit, issued pursuant to this
clupter to do so.
(n,tn~'~ta 2.9'J) 280
Item A Con't
No ambulance service, except a permitted service, shall, but for the exceptions
below, provide Emergency Medical Services for any ambulance calls originating
within the City of Bakersfield, CA
IL Exceptions: A non permitted provider may provide service for
ambulance calls within the City Limits-of Bakersfield.
1. Upon request.by any Law Enforcement or Governmental
Agency having jurisdiction within the City of Bakersfield.
2. Upon request of a permitee, when such permitee does not
have an ambulance or level of service immediately available
within the City of Bakersfield, and when ambulance service
is immediately required.
3. To provide medically required specialized transportation
services not immediately available. For a patient within the
City of Bakersfield, if such specialized services have hereto
for been approved by Kern County Emergency Medical
.Services.
~',,.
B. Definitions:
1. Emergency 'Medical Services.
The services needed to provide urgent Medical Care in a
condition or situation in which an individual has.a need, fo~'
immediate Medical attention or wherethe potential for Such
need is perceived by Emergency Medical Personnel, a
Public Safety Agency, or with respect to interfacility
transfers qualified Medical Personnel of the transferring
facility. Any transportation needs pursuant to a request for
an ambulance operating under a permit issued by the
commissioner of the California Highway Patrol or the
attendance of Certified Emergency Medical Personnel or
Licensed Medical Personnel shall be deemed the providing
of- Emergency Medical Services.
Item B
HALL ~o~,.sN E~~ A~_~CE
AMBULANCE ~
SERVICE
INCORPORATED
October 26, 1994
Bakersfield City Council
1501 Truxtun Ave.
Bakers. CA. 93301
Council Members:
The Health Care Industry is experiencing major changes. The changes are Coming swifdy
and are also impacting ambulance reimbursements. Managed health care Will be available
to Medi-Cal patients in 1995. Medicare is implementing some radical changes in its
payment system for medical transportation beginning ilanuary 1995.
City ambulance rates have not been reviewed since February 18, 1993. We believe it is
time to also review .'the system by which the City Council sets ambulance rates. We
respectfully request that the issues of the system of rate review and the present city
ambulance rates be referred to the Budget and Finance Committee.
Sincerely, Sincerely,
:
~../. ..'/' .
--Jarv/ey L,~I ' ~'-~='~:'"':" -- Peter W. Brandon
President, Hall Ambulance President, Golden Empire Ambulance
Item C
HALL GOLDEN
SERVICE
INCORPORATED
TO: Vice Mayor i~mond, Chair Budget & Finance Committee
FROM: Harvey L. I-~resident
Hall Ambulanc:[ Service, Inc.
Peter Brandon, President,_~ '
Golden Empire Ambulan["6
RE: Proposal for Budget and Finance Committee
Monday, March 6, 1995 (Noon)
DATE: March 2, 1995
For your information we have attached the training requirements for EMT-1 Basic Life
Support (BLS) Service (Exhibit A) and Paramedic Advanced Life (ALS)Service (Exhibit
B) personnel. It is easy to understand why ALS service is more expensive and how
citizens of Bakersfield would be better served if ALS ambulance response was mandated
in the City of Bakersfield Ambulance Ordinance.
We believe it is time to implement a system.which dispatches the closest available
ambulance tO all life threatening calls in the City of Bakersfield. This system would save
valuable time by sending the closest ambulance to life threatening emergencies, Golden
Empire Ambulance and Hall Ambulance would commit to a two (2) year time frame for
developing this type of operation. Implementation would be as follows:
(a) First year joint dispatch system using Computer aided dispatch
(b) Second year joint dispatch system employing a vehicle locator network.
This higher level of service can be accomplished with the following actions by the
Bakersfield City Council:
(a) Add a requirement to the Bakersfield City Ambulance Ordinance requiring
permit holders in the City of Bakersfield to respond paramedics (ALS Service) to
all ambulance requests.
Vice Mayor Pat Demond
March 3, 1995
Page 2
(b) The wording under BLS and ALS charges in the resolution establishing ambulance
service charges would be clarified:
Advanced Life Support - All 911 responses, fesponses not pre-arranged within
two (2) hours of ambulance dispatch time and non-emergency responses when
ALS Services are specifically requested or provided.
Basic Life Support - Pre-scheduled non-emergency ambulance responses when
ALS procedures are not requested or provided.
(c) All rates would remain unchanged, except those patients receiving ALS response
would be billed for that response, and pay a fair price for the service being
provided. In order to streamline ambulance charges we have agreed to drop
the $68.00 per hour charge for Waiting Standby Time.
Thank you for your consideration and attention regarding these issues. Representatives will be in
attendance at your committee meeting on Monday, March 6, 1995 to respond to questions.
EMT-1
110 Hours of Classroom Training in:
- Basic Emergency Medical Care
- Wound care
- Treatment of Fractures
- CPR
- Airway Management
- Oxygen Administration
- Emergency Vehicle Operations
- Treatment of Shock
- 8 Hours Experience in the Emergency Department
- 8 Hours Ambulance Experience
- EXHIBIT A -
- PARAMEDIC
One Year Experiel me as EMT-1
800 - 1,000 Hours[ of Advanced Training in Emergency Medicine
ClassrOom Educatlon:
- Arctomy and Physiology
- Medical Legal Problems
- Ph~.rmacology
- Cardiology
· - OB/GYN
- Pediatrics
- Nehro Emergencies
- Endocrine Disorders
- Res~piratory Emergencies
- Tra~uma Management
- Metrical Docume,ntiation
Advanced Skills Training:
- Airway Management (Peals/Adult Intubation Cricothyrotomy)
- Defibrillation/CardioversiOn
- ntravenous Line Placement
- Ten'sion Pneumothorax Decompression
- Nasogastric Tube Placement
Hospital Clinical Rotations
- Emergency Department (80 hours)
- Surgery (80 hours)
- Labor/Delivery (40 hours)
' - Intensive care (40 hours)
Field Internship with Paramedic Preceptor 500 - 700 Hours
Paramedics are required to diagnose/treat and transport patients that are ill/injured.
Paramedics are frequently called upon to make judgements and treat patients prior to contact with
other medical professionals (physicians) calling on their advanced training and experience to
adequately provide medical care for a.eutely ill or injured patients.
- EXHIBIT 8 -
ADMINISTRATIVE REPORT
TO: Honorable Mayor and City Council APPROVED
FROM: John W. Stinson, Assistant City Manager DEPARTMENT HEAD ~
DATE: January 27, 1995 CITYATrORNEY .~A'~
CITY MANAGER//~
SUBJECT: An Ordinance amending Subsections C and F of Section 5.10.010, Sections 5.10.020,
5.10.030, 5.10.060, 5.10.070, 5.10.100, 5.10.110, 5.10.120, 5.10.140, and 5.10.150; and
repealing Sections 5.10.040 and 5.10.080 of the Bakersfield Municipal Code relating to
Ambulances.
'.ECOMMENDATION: Staff recommends Firsi~ Reading of Ordinance.
BACKGROUND:
These proposed changes to the Ambulance Ordinance are in response to a request from the two city
ambulance providers and the need for clean up language recommended by the City Attorney to bring
these regulations in conformance with current practices and conditions of regulatory oversight.
The Ambulance providers requested the following changes to the Ordinance:
1. Require paramedic Advanced Life Support (ALS) response to all emergency calls.
2. Adoption of the system for establishment of rates found in the taxi cab ordinance for
emergency medical service.
3. A clarification of services provided by non permitted providers in the City of Bakersfield.
The ambulance companies indicated that their first request was needed because (ALS) response would
be required by Kern County EMS when present permits are renewed. Currently there is no
requirement and both providers provide Basic Life Support (BLS) and Advanced Life Support (ALS
or paramedic) services within the City. There is a rate differential based on the level of service
actually provided. The companies are requesting that ALS rates be charged in responding to all calls
yen if paramedic services are not performed. This would have a significant negative impact on
consumers of ambulance services. Kern County EMS Director Fred Drew, indicated in a memo to
Janua~ 30. 1995, 9:03am
ADMINISTRATIVE REPORT Page 2
' ~uis Cox, Operations Manager for Hall Ambulance, that his, "intent is to change all permits to
adicate the specific area covered and the level of service..." and further that, "...the Ordinance only
requires ALS/BLS service as an absolute minimum standard by an ambulance company." He also
indicated that the issue of the ALS/BLS standards would be studied further when time approaches for
permit .renewal. Mr. Drew has indicated that a requirement for ALS service as .a minimum is not
certain, and dependent upon decisions by policy making bodies such as the City Council and Board of
Supervisors.
Currently, both citY ambulance providers staff on a regular basis or try to staff ALS equipped
ambulances for emergency response within the City. However, due to the lack of a requirement by
the County to provide ALS level of service the first change to the ordinance is not recommended at
this time.
The second request for a new system for rate setting was reviewed by staff from the City Manager's
and City Attorney's offices. Based upon meetings between staff and ambulance company
representatives the proposed new rate setting process which includes a public hearing and specific
dates for requests and rate implementation is recommended. The proposed ordinance provides for
submittal of an application to change rates by the ambulance providers prior to January 1st each year.
The City Council may then increase, decrease, accept or alter the proposed ambulance rates following
a public hearing within 60 days. New ambulance charges would go into effect on April 1st.
The issue of a review of current rates is still before the Budget and Finance Committee pending a
~ecific proposal by the ambulance providers. The proposed ordinance has 1995 time frames for the
,ew rate review process. Any 1995 rate changes would go into effect July 1st, 1995.
Ambulance providers would have to pay the cost of the new application and hearing process in
conformance with the cost. recovery ordinance. Fees will have to be established in order to recover
these costs. It is anticipated that the earliest this could occur would be April 1st 1995. Therefore,
these charges would only be recoverable after that has occurred. Although only preliminary
information is available it is estimated, the fee would be approximately $150 to $200 depending on
direct costs and the staff time required.
Finally, their third request is included in new language in section 5.10.020 which clarifies conditions
where non-permitted ambulances may operate within the City. Again' staff met with ambulance
company representatives to develop appropriate language.
In addition to provider requested language changes were made to update the ordinance. For example
the "Health Officer" no longer oversees ambulances in the County, this is done by the "County EMS
Director". Also when the current City ambulance ordinance was adopted the County did not have an
ordinance regulating ambulances. The proposed ordinance recognizes the need for city operators to
conform to the County ordinance (with the exception of rate regulation) in addition to state law.
The above changes were reviewed by the Budget and Finance Committee who support the proposed
ordinance.
otaff recommends adoption of the proposed ordinance.
January' 30. 1995, 9:03am
I ' I
MEETING DATE: March 22, 1995 AGENDA SECTION: Deferred Business ITEM NO: 1 !. b.
TO: Honorable Mayo~ and City Council APPROVED'
FROM: John W. StinSon; Assistant City Manager DEPARTMENT HEAD ~/24~
DATE: March 10, 1995 CITYATFORNEY ~
CITY MANAGER ~
SUBJECT: Amendments to Arnbulance Service
1. Ordinance amending Subsections C and F of Section 5.10.010,
Sections 5.10.020, 5.10.030,5.10.060, 5.10.070, 5.10.100, 5.10.110,
5.10.120, 5.10.140, and 5.10.150; and adding Section 5.10.125 and
Repealing Sections 5.10.040 and 5.10.080 of the Bakersfield
Municipal Code Relating to Ambulances.
2. Resolution Establishing Ambulance Service Charges.
RECOMMENDATION: Staff recommends first reading of the Ordinance and adoption of the
Resolution.
BACKGROUND: These proposed changes are in response to several requests from the two city
ambulance providers to amend the City's Ambulance Ordinance and Resolution Establishing Service
Charges, and the need for clean up language recommended by the City Attorney to bring these
regulations in conformance with current practices and conditions of regulatory oversight.
The Ambulance providers requested the following changes to the Ordinance:
1. Require paramedic level Advanced Life Support (ALS) response to all ambulance requests.
2. Adoption of the system for establishment of rates found in the taxi cab ordinance for
emergency medical service.
3. A clarification of services provided by non permitted providers in the City of Bakersfield.
In order to improve emergenCY ambulance response both providers are committing to the two year
implementation of improved ambulance dispatch. This includes implementing a joint dispatch system
( sing computer aided dispatch (year one) and joint dispatch employing a vehicle locator network (year
.~vo). To accomplish this the ambulance companies have requested that the City require ambulance
permit holders in the City to respond paramedic-equipped ambulances (ALS Service) to all ambulance
· service requests within the City of Bakersfield. Currently there is no requirement and both providers
.ADMINISTRATIVE REPORT Page 2
,rovide Basic Life Support (BLS) and Advanced Life Support (ALS or paramedic) services within the
Eity. There is now a rate differential based on the level of service actually provided. Currently, both
city ambulance providers staff on a regular basis or try to staff ALS equipped ambulances for
emergency response within the City.
The Companies have requested that all 911 responses, not pre-arranged within (2) hours of ambulance
dispatch time and non-emergency responses when ALS Services are specifically requested or provided
would be billed at the ALS rate. Pre-scheduled non-emergency ambulance responses when ALS
procedures are not requested or provided would-be billed at the BLS rate.
All rates would remain unchanged, with the exception of the elimination of the $68.00 per hour
waiting charge which is being dropped to streamline the ambulance charges. This charge is a charge
that can result in disputes over which party caused the ambulance to wait.
The seconTd request, for a new system for rate setting, was reviewed by staff from the City Manager's
and City Attorney's offices. Based upon meetings between staff and ambulance company
representatives the proposed hew rate setting process which includes a public hearing and specific
dates for requests and rate implementation is recommended. The proposed ordinance provides for
submittal of an application to change rates by the ambulance providers prior to January 1st each year.
The City Council may then increase, decrease, accept or alter the proposed ambulance rates following
a public hearing within 60 days. New ambulance charges would go into effect on April 1st. If the
ordinance is approved the next opportunity for rate review would be January 1996.
Ambulance providers would have to pay the cost of the new application and hearing process in
conformance with the cost recovery ordinance. Fees will have to be established in order to recover
these costs. Although only prelimin'ary information is available it is estimated the fee would be
approximately $150 to $200 depending on direct costs and the staff time required.
Finally, their third request is 'included in new language in section 5.10.020 which clarifies conditions
where non-permitted ambulances may operate within the City. Again staff met with ambulance
company representatives to develop appropriate language.
In addition to provider requested language changes were made to update the ordinance. For example
the "Health Officer" no longer oversees ambulances in the County, this is done by the "County EMS
Director". Also when the current City ambulance ordinance was adopted the County did not have an
ordinance regulating ambulances. The proposed ordinance recognizes the need for city .operators to
conform to the County ordinance (with the exception of rate regulation) in addition to state law.
The above changes were reviewed by the Budget and Finance Committee who support adoption .of the
proposed ordinance and resolution.
Staff recommends adoption of the proposed ordinance and resolution.
MC22CM3.DB
March 13. t995. 10:54am
ORDINANCE NO.
AN ORDINANCE AMENDING SUBSECTIONS C
AND F OF SECTION 5.10.010, SECTIONS
5..10.020, 5.10.030, 5.10.060,
5.10.070, 5.10.100, 5.10.110,
5.10.120, 5.1~0.140s AND 5.10.150;
AND ADDING SECTION 5.10.125 AND
REPEALING SECTIONS 5.10.040 AND
5.10.080 OF THE BAKERSFIELD MUNICIPAL
CODE RELATING TO AMBULANCES.
BE IT ORDAINED by the Council of the City of Bakersfield
as follows:
SECTION 1.
Subsections C and F of Section 5.10.010 of the Bakers-
field Municipal Code are hereby amended to read as follows:
5.10.010 Definitions.
C. "Ambulance service charges" means any charge, fare
or other consideration for ambulance service, as set forth in
Section 5.10.120.
F. "E.M.S. director" means and refers to the public
official in charge of emergency medical services for the COunty of
Kern, State of California, or his duly authorized representative.
SECTION 2.
Section 5.10.020 of the Bakersfield Municipal Code is
hereby amended to read as follows:
5.10.020 Certificate of public convenience and necessity -
Required - Exceptions.
A. Except as provided in subsection B of this section,
no person shall engage in the ambulance business without first
obtaining a certificate of public convenience and necessity from
the city as provided in this chapter. This certificate shall be in
addition to any business license required by Chapter 5.02 of this
code.
B. A provider without a certificate of public
convenience and necessity may provide ambulance service within the
city under the following circumstances:
1. Upon request by the city manager or his
designee.
2. Upon request of a certificate holder and upon
approval of the city manager or his designee, when no certificate
holder has an ambulance or level of service immediately available
within the city, and when ambulance service is immediately
required.
3. To provide medically required specialized
transportation services not immediately available for a patient
within the city, if such specialized services have heretofore been
approved by the E.M.S. director, and if authorized by the city
manager or his designee.
SECTION 3.
Section 5.10.030 of the Bakersfield Municipal Code is
hereby amended to read as follows:
5.10.030 Certificate of public convenience and necessity ~
Required.
Any person desiring to obtain a certificate of public
convenience and necessity shall make application therefor upon
forms available from the office of the city manager. Each
application shall be accompanied by'a policy of insurance in the
amount provided for by this chapter. The application shall incl'ude
the following information:
· A. The name of the applicant and trade name, if any,
under which he or she intends to conduct the business; or if a
corporation, its name, date and place of incorporation, address of
its principal place of business, and the names of its principal
officers, together with their respective residence addresses; or if
a partnership, association or unincorporated company, the names of
the partners, or of the persons comprising such association or
company, and the business and residence address of each partner or
person;
B. A description of each ambulance or other vehicle
used or proposed .to be used by the applicant;
C. The address and a description of the premises at
which the applicant proposes to maintain and operate such
ambulances.
D. The applicant shall furnish any and all additional
information as the city manager may, in his discretion, require.
E. The applicant shall pay a fee not to exceed the cOst
of processing any such application and inspecting such business as
set forth in section 3.70.040.
SECTION 4.
Section 5.10.060 of the Bakersfield Municipal Code is
hereby amended to read as follows:
5.10.060 Certificate of public convenience and necessity -
Issuance.
A. The city 'manager shall consult with the chief of
police and the E.M.S. director to determine the ability of the
applicant to conduct the business in accordance with laws of Kern
County,.the state'and city ordinance.
B. The city manager shall not issue a permit pursuant
to this chapter unless he finds as follows:
1. That the application is complete and truthful;
2. The applicant is financially responsible;
3. The applicant will conduct said project in an
orderly, proper and lawful manner;
4. The applicant has not had a permit, issued in
the past three years under this chapter, revoked, unless the city
manager finds that the reasons for such revocatiOn are unrelated to
this application;
5. Neither the applicant nor any listed partner,
manager or principal of the business has been convicted of a crime
substantially related to the qualifications, functions or duties of
the business for which application is made, unless he has obtained
a certificate of rehabilitation;
6. That neither the applicant nor any manager of
the business has done any act involving dishonesty, fraud or deceit
with the intent to substantially benefit himself or another, or
substantially injure another;
7. The applicant is adequately insured, as
required by this chapter;
8. The applicant has satisfied the requirements of
this chapter and has complied with all laws of the state and
ordinances of the city applicable to the proposed business
operation;
- 3 -
9. Each ambulance described in the application
will be adequate and safe for the purposes for which it is to be ~-
used, is not more than five years old and it will be equipped as .
required by this chapter and the laws of the state;
10. The public convenience and necessity require
the operation of such Private ambulance business within the limits'
of the city; and
11. That the applicant has a valid operational
permit issued by Kern county.
SECTION 5.
Section 5.10.070 of the Bakersfield Municipal Code is
hereby amended to read as follows:
5.10.070 Certificate of public convenience and necessity - Notice
of decision by city manaqe~.
The city manager shall give the applicant written notice
of his decision to grant or deny a certificate of public necessity
and convenience within ten days of the hearing and shall state the
reasons for his decision.
SECTION 6.
Section 5.10.100 of the Bakersfield Municipal Code is hereby
amended to read as follows:
5.10.100 Certificate of public convenience and necessity -
Suspension and revocation.
Any certificate issued pursuant to this chapter may be
revoked by the city manager whenever he finds:
A. That misrepresentations were made on the
application; or
B. That the applicant has been convicted of a crime
substantially related to the qualifications, functions or duties of
the ambulance business, unless he has obtained a certificate of
rehabilitation; or
C. That the applicant has done any act involving
dishonesty, fraud or deceit with the intent to substantially
benefit himself or another, or substantially injure another; or
D. That any of the terms or conditions of said
certificate have been violated, or that the business has .been
operated in violation of local, state or federal law; or
E. The certificate holder has abandoned its operation
of the ambulance business for a period of thirty days; acts of God,
labor disputes and other acts beyond the control of the certificate
holder which cause abandonment or limitation of service shall not
be considered an abandonment within the meaning of thi~ section; or
F. No suspension or revocation shall be made effeCtive
until a hearing has been held by the city manager. The certificate
holder shall have not less than ten days' notice of the hearing by
certified mail.
SECTION 7.
Section 5.10.030 of the BakerSfield Municipal Code is hereby
amended to read as follows:
5.10.11-0 compliance with state law required.
No certificate of public convenience or necessity shall
be issued until satisfactory proof of compliance with laws of Kern
County, except as to ambulance rates, and the state in respect to
ambulance operations is furnished to the city manager.
SECTION 8.
Section 5.10.120 of the Bakersfield Municipal Code is
hereby amended to read as follows:
5.10.120 ~mhulance service charqes.
A. Charges for ambulance services shall be set by the
following procedure:
1. Any certificate holder may file an application
to alter the current rate schedule with the city prior to January
i of the year it wishes the schedule to take effect. Such
application shall be filed with the City Clerk, accompanied by a
proposed schedule of charges, and a fee not to exceed the cost of
processing any such application and reviewing such rates as set
forth in Section 3.70.040.
2. The city council must review charges at a
noticed public hearing within sixty days of January i of the year
in which the rates are proposed to change. The proposed charges
shall be published as set forth in section 6062a of the Government
Code.
3. At the public hearing, the council may
increase, decrease, accept or alter in any other way the charges as
submitted. The charges,, as increased, decreased, accepted or
altered by the city council, shall take effect on April i following
the public hearing.
SECTION 9.
Section.5.10.140 of the Bakersfield Municipal Code i~c
hereby amended to read as follows: -'.~ (i
5.10.140 Replacement of vehicle.
Annually, each certificate holder shall file.with the
city manager a description of the vehicle abandoned and a
description of the vehicle placed in use.
SECTION 10.
Section 5.10.150 of the Bakersfield Municipal Code is
hereby amended to read as follows:
5.10.150 Appeals.
A. Should any applicant be dissatisfied with the
decision of the city manager or his designee not to grant a
certificate or for the revocation of a permit, then said applicant
may, no later than ten days after notice of such decision is
deposited in the United States mail, addressed to the applicant or
permittee at the address provided on the application, make Written
objection to the city council setting forth the grounds for
dissatisfaction, whereupon the council shall hear said objections
at a regular meeting no later than three weeks following the filing
of the objection with the city clerk. The applicant shall be given
written notice no less than three days prior to said hearing. The
council may, upon said hearing, sustain, suspend or overrule the
decision of the city manager, which decision shall be final and
conclusive.
B. Pending the hearing before the council, the decision
of the city manager shall remain in full force and effect and any
reversal thereof by the city council shall not be retroactive but
shall take effect as of the date of the council's decision.
SECTION 11.
Section 5.10.125 is hereby added to the Bakersfield
Municipal COde to read as follows:
5.10.125 Level of service.
Ail permit holders in the City of Bakersfield shall
respond to all calls for ambulance service with paramedic-staffed
and equipped ambulances (Advanced Life Support "ALS" service)
within the City of Bakersfield.
SECTION 12.
Section 5.10.040 entitled "Certificate of Public
Convenience and Necessity-Investigation of Applicant" and Section
5.10.080 entitled "Certificate of Public Convenience and Necessity-
- 6 -
Existing Businesses-Presumption of Public Convenience and Neces-
sity'' of the Bakersfield Municipal Code relating to Ambulances are
hereby repealed.
SECTION 13.
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.
000'
- 7 -
RESOLUTION NO.
A RESOLUTION ESTIIJ~LISHING
f-" AMBULANCE SERVICE'CHARGES.
WHEREAS, Section 5.10.120 of the Bakersfield Municipal
Code requires the City Council to set, by resolution, ambulance
service charges from time to time; and
WHEREAS, the City Council.has considered changes proposed
by the ambulance operators in the City of'Bakersfield; and
WHEREAS, the City Council has determined that some change
is necessary to.provide for an appropriate medical response by
ambulance operators;
NOW, THEREFORE, BE IT RESOLVED by the Council of the City
of Bakersfield that the charges for ambulance service are hereby
set as follows:
Basic Life Support ("BLS") $ 255.00
(includes prescheduled non-emergency
responses when ALS procedures are not
requested or performed)
Advanced Life Support ("ALS") $ 470.00
(includes all 911 responses,
responses not pre-arranged within
two hours of ambulance dispatch time
and nOn-emergency responses when ALS
services are specifically requested
or provided)
Mileage $ 12.00
(per mile from pick-up point to
delivery point)
Night charge $ 54.00
(7:00 p.m. to 7:00 a.m.)
Emergency Response $ 40.00
(911 responses and Code 3 use
during response or transport for
private emergency calls)
Oxygen $ 46.00
(per cylinder or portion thereof
used)
The above rates are all,inclusive rates and additional
service charges shall not be added thereto. The above rates shall
take effect at 8:00 a.m. on March 23, 1995.
O00
;el ~,:. iO I.~l HALL OOLU~:;~ E;~IP~ A~BO'L~NCE
," ' AMBULANCE
s c
iNCORPORATED
TO: Vice Mayor ~,~emond. Chair Budget & Finance Committee
FROM: Harvey L. ~resident
Hall Ambulanc~Service, Inc.
Peter Brandon. President/~
Golden Empire .4anbulan['~
RE: Proposal for Budget and Finance Committee
Monday, March 6, 1995 (Noon)
DATE: March 2. 1995
For your information we have attached the training requirements tbr EMT-1 Basic Life
Support (BLS) Service (Exhibit A) and Paramedic Advanced Life (A.LS) Service (Exhibit
B) personnel. It is.easy to understand why Ai_S service is more expensive and ho,~v,
citizens of Bakersfield would be better served if ALS ambulance response was mandated
in the City of Bakersfield Ambulance Ordinance.
We believe it is time to implement a system which dispatches the closest available
ambulance to all life threatening calls in the City of Bakersfield. This system ~,vould save
valuable time by sending the closest ambulance to life threatening eme~encies, Golden
Empire Ambulance and Hall Ambulance ~vould commit to a two (2) year time frame for
developing this type of operation. Implementation would be as follows:
(a) First year joint dispatch system using computer aided dispatch
(b) Second year joint dispatch system employing a vehicle locator network.
This higher level of' sen'ice can be accomplished with the/bilowing actions by the
Bakersfield City Council:
(a) Add a requirement to the Bakerstield City Ambulance Ordinance requiring
permit holders in the City of Bakersfield to respond paramedics (ALS Service)to
all ambulance requests.
(,
Vice Mayor Pat Demond .' ,'
March 3, 1995
Page 2
(b)The wording under BLS and ALS charges in the resolution establishing ambulance
service charges would be clarified:
Advanced L{f'e Support - All 911 responses, responses not pre-arranged within
two (2) hours of'ambulance dispatch time and non-emergency responses when
ALS Services are specifically requested or provided.
.Basic L{f'e Sup{:)oH - Pre-scheduled non-emergency ambulance responses when
ALS procedures are not requested or provided.
(c) Al{ rates would remain unchanged, except those patients receiving ALS response
~vou{d be billed For that response, and pay a fair price for the service being
provided. In order to stream{{ne ambulance charges we have agreed to drop
the $68.00 per hour charge for Wa{tin§ Standby Time.
Thank you for your consideration and attention regarding these issues. Representatives wi{i be in
attendance at your committee meetin=o on Monday, March 6, 1995 to respond to questions.
EMT 1
I I0 Hours of'Classroom Training in:
- Basic Emergency Medical Care
- Wound care
- Treatment of Fractures
- CP-R
- Airway Management
- Oxygen Administration
- Emergency Vehicle Operations
- Treatment of'Shock
- 8 Hours Experience in the Emergency Department
- 8 Hours Ambulance Experience
- EXI-IIBIT A -
PARAMEDIC '-' ('-
One Year Experience as EMT-1
SO0 - 1,000 Hours of Advanced Training'in Emergency Medicine
Classroom Education: - Anatomy and Physiology
- Medical Legal Problems
- Pharmacology
- Cardiology
- OB/GYN
- Pediatrics
- Neuro Emergencies
- Endocrine Disorders
- Respiratory Emergencies
- Trauma Mnnagement
- Medical Docume,ntation
Advanced Skills Training: - Airway Management (Peals/Adult Intubation Cricothyrotomy) ('
- Defibrillatioru'Cardioversion
- Intravenous Line Placement
- Tension Pneumothorax Decompression
- Nasogastric Tube Placement
Hospital Clinical Rotations - Emergency Department (80 hours)
- Surgery (80 hours)
- Labor/Delivery (40 hours)
- Intensive care (40 hours)
Field Internship with Paramedic Preceptor 500 - 700 Hours
Paramedics are required to diagnose/treat and t,'a,~sport patients that are ill/injured.
Paramedics are frequently called upon to make judgements and treat patients prior to contact with
other medical professionals (physicians)calling on their advanced training and experience to
adequately provide medical care for acutely ill or injured patients.
- E>a-IIBIT 8 -
RESOLUTION NO. 28-93
A RESOLUTION ESTABMSHING
AMBULANCE SERVICE CHARGES.
WHEREAS, Ordinance No. 2886 New Series of the City of Bakersfield requires the
City Council to set, by resolution, ambulance service charges from time to time; and
WHEREAS, the City Council' has considered rate increases proposed by the
ambulance operators in the City of Bakersfield; and
WHEREAS, the City Council has determined that rate increases are necessa~, to
provide for a reasonable rate of return to the ambulance operators, but not to the extent
requested by the ambulance operators; and
WHEREAS, it is the intent that these charges be reviewed by the City Council
annuaJly thereafter.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Bakersfield
the charges for ambulance services are hereby set as follows:
,,,--.-. Basic Life Support $ 255.00
' (includes calls responded to With Advanced Life Support
~ ambulance but no Para.medic procedures are performed.) ,
Advanced life Support $ 470.00
(includes calls responded to with Advanced Life Support
ambulance and Para.medic procedures are administered.)
Mileage (per mile from pick-up point to delivery po,hr) $ 1
Night Charge (7:00 p.m. to 7:00 a.m.) $ 54.00
Emergency Response $ 40.00
(911 resoonses and Code 3 use during response or t,'~nsport
for private emergency calls.-)
Oxygen (per cylinder or portion used thereoO $ 46.00
Waiting Standby Time (p~r 15-minute increment) $ 17.00
......... 000 .......
C :INAL
The above rates are ail-inclusive rates and additional service charges shall not be
added thereto. The above rates shall take effect at 12:01 a.m, on February 18, 1993.
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 FIB 1 1 '8~
.... by the following vote:
AYTS. COUI~I. MEI,16ER$: EOWARO~. 13eiuK~'_~O. ~e~.l. Be~m, ee. KANE. ~4¢O~I:t~K)TT S,kt;Utam~3
NOI~S' COUNCILMEMBEP, S . '~¢'J~t'~.~"~, ~O,..~, ~L.QL"'i{ I~
ABSENT COUNCILMEM1~EP.S' t,,~ ¢...~ - ~,~
A~STAJI'! COUNClLMFME-~RS. /'~Jo AC_
/CITY CLERK and Ex Officio ~;lerk of the
Council of the City of Bakersfield
APPROVED FEB 1 ? 1~3
~.'
ROB ERT 'O.' PRICE.3/ '
MAYOR of the City of Bakersfield
APPROVED as to form:
LAWRENCE M. LUNARDINI
CITY ATTORNEY of the City of Bakersfield
AMBRATES.RES
2/17/93
..
'2'
ORIGINAl.
-i'.'_ HALL
";"""': "' AMBULANCE
SERViCE
INCORPORATED
December 2, 1994
Vice-Mayor Kevin McDermott
Budget and Finance Committee
Bakersfield City Council
1501 Truxtun Avenue
Bakersfield, CA 93301
Chairman McDermott:
Golden Empire Ambulance and Hall Ambulance Service respectfully request the following
changes in the City of Bakersfield Ambulance Ordinance:
1. Require paramedic (ALS) response to all emergency calls. This standard will be
required by Kern County EMS when present permits are renewed.
F'-' 2. Adopt the system for establishment of rates found in the taxi cab ordinance for
k.... emergency medical service. (Item A)
3. There needs to be clarification ofservices provided by non permitted providers in
the City of Bakersfield. We ask adoption of the attached new sections. (Item B)
Thank you for your time and consideration with this most important request. We will have
· company representatives in attendance at your Budget and Finance Committee meeting on
December 5, 1994.
Sincerely, Sincerely,
arvey-~.. Hall ./' Peter W. Brandon
President, Hall Ambulance President, Golden Empire Ambulance
cc: Councilwoman Patricia I. DeMond
Councilman Randy Rowles
Assistant City Manager lohn W. Stinson
(Enclosures)
F. ME. RGE. NCY ~EDICAI.. SERVICES DE, PAR77q'E, NT
MEMOtV. NDUM C
R~n B~.~, NJ).
Dece~er 14, 1994
TO; Louis Cox, operation's Manager
Hall ~bula.nce Service, Inc.
FROM: Ffgd Drew, Director
SUBJECT: ]tHBULARcE PERMIT AMENDMENTS
In response to your letter (attached) inquiring about the ENS
Department's intention to modify permits relative to requiring ALS,
the following information Is provided.
Your recollection is correct. There was discussion several months ( ...
ago .about our intent to modify the permits of current ambulance
permittees when the permits came due for the five-year renewal.
Specifically, the discussion centered around the permit issued to
Mall ~bulance for Southeastern Kern County, In that, we used that
opportunity to list each 8-minute area (e.g., Call£orni~ City,
Mo~ave, Boron, and Rosamond) on the permit ~ anne%ate the area
with "ALS Service.- This was a result Oil (1) Hall Amhulance,s
application documenting a commitment to provide that level of
service in each area; (2) our desire to include more specificity on
permits, especially when a competitive application process is used;
and (3) to ensure to the citizens, et those communities, the
County's position to hold an ambulance company,s commitment to an
At that timet 'X said publicly, and in writing to the Board of
Supervisorst that our intent would be to change all permits to
indicate the specific area covered and level of service. As you
know, the ordinance only requires ALS/BLS service as an ab~olut~
minimum standard by an ambulance company. What keeps an adequate
number of ambulances in service in each area is the reepense-time
performance standards.
All ambulance companies may not be capable of meeting an ALS
level-of-service minimum standard, even though each company
generally piovides ALS service. Doing it piecemeal with companies
HALL
AMBULANCE
SERVICE
INCORPORATED
1001.2.1.t STREET BAKERSFIELD, CA93301.4792
(805) 322-6741 FAX (BO5) 322.1636
Fred Drew, Director
Kern County Emergency Medical Services Department
1400 'H' Street
Bakersfield, CA- 93301 ·
Dear Mr. Drew:.
It is my recollectlon that there has been informal discussion about amending the
Ambulance Operational Permits, when they are due for renewal, to mandate
complete Advanced Life Support (A.L.S.) Service within each Operational Ama.
If the above recollection Is .correct I would like for your department to expound
on .this issue and how It might transpire.
Also, I would like to know your Departments sentiment on changing a Company's
Permit, to require all A.L.S. Service, should they desire to provide such.
Thank you for your consideration in this matter and should you have questions
please contact me at 322-874'1.
Sincerely,
HALL AMBULANCE SERVICE, INC.
Operation Manager
LDC;rr
K£~N COUNTY
~.HS O£PARTHF. NT
"WE CARE. EVERY HOUR. EVERY DAY,"
ADMINISTRATWE REPORT
II MEETING DATE: April 5,1995 [ AGENDA SECTION: Deferred Buslness [ ITEMNO: 10. b. ~
TO: Honorable Mayor and City Council APPROVED
FROM: John W. Stinson, Assistant City Manager DEPARTMENT HEAD
DATE: March 24, 1995 C~TY ATTORNEY ~"~'".~
CITY MANAGER
SUBJECT: Ordinance amending Subsections C and F of Section 5.10.010,
Sections 5.10.020, 5.10.030, 5.10.060, 5.10.070, 5.10.100, 5.10.110,
5.10.120, 5.10.140, and 5.10.150; and adding Section 5.10.125 and
Repealing Sections 5.10.040 and 5.10.080 of the Bakersfield
Municipal Code Relating to Ambulances.
RECOMMENDATION: Staff recommends .adoption of the Ordinance.
BACKGROUND: This ordinance was given first reading at the Council meeting of March 22, 1995,
along with the adoption of the resolution establishing service charges. No additional comments have
been received by staff.
These proposed changes are in response to several requests from the two city ambulance providers
to amend the City's Ambulance Ordinance and Resolution Establishing Service Charges, and the need
for clean up language recommended by the City Attorney to bring these regulations in conformance
with current practices and conditions of regulatory oversight.
The Ambulance providers requested the following changes to the Ordinance:
1. Require paramedic level Advanced Life Support (ALS) response to all ambulance requests.
2. Adoption of the system for establishment of rates found in the taxi cab ordinance for emergency
medical service.
3. A clarification of services provided by non permitted providers in the City of Bakersfield.
In order to improve emergency ambulance response both providers are committing to the two year
implementation of improved ambulance dispatch. This includes implementing a joint dispatch system
using computer aided dispatch (year one) and joint dispatch employing a vehicle Iocator network {year
(,.. two). To accomplish this the ambulance companies have requested that the City require ambulance
· · permit holders in the City to respond paramedic-equipped ambulances (ALS Service) to all ambulance
March 24. t995, t0:24am
,. ADMI ST TI REPORT
(" Page 2
service requests within the City of Bakersfield. Currently there is no requirement and both providers
provide .Basic Life Support (BLS) and Advanced Life Support (ALS or paramedic) services within the
City. There is now a rate differential based on the level of service actually provided. Currently, both
· city ambulance providers staff on a regular basis or try to staff ALS equipped ambulances for
emergency response within the City.
The Companies have requested that all 911 responses, not pre-arranged within (2) hours of
ambulance dispatch time and non-emergency responses when ALS Services are specifically requested
or provided would be billed at the ALS rate. Pre-scheduled non-emergency ambulance responses
when ALS procedures are not requested or provided would be billed at the BLS rate.
All rates would remain unchanged, with the exception of the elimination of the $68.00 per hour waiting
charge whiCh is being dropped to streamline the ambulance charges. This charge is a charge that
can result in disputes over which party caused the ambulance to wait.
The second request, for a new system for rate setting, was reviewed by staff from the City Manager's
and City Attorney's offices. Based upon meetings between staff and ambulance company
· representatives the proposed new rate setting process which includes a public hearing and specific
dates for requests and rate implementation is recommended. The proposed ordinance provides for
submittal of an'application to change rates by the ambulance providers prior to January 1st each year.
The City Council may then increase, decrease, accept or alter the proposed ambulance rates following
a public hearing within 60 days. New ambulance charges would go into effect on April 1st. If the
ordinance is approved the next opportunity for rate review would be January 1996.
Ambulance providers would have to pay the cost of the new application and hearing process in
conformance with the cost recovery ordinance. Fees will have to be established in order to recover
these costs. Although only preliminary information is available it is estimated the fee would be
approximately $150 to $200 depending on direct costs and the staff time required.
Finally, their third request is included in new language in section 5.10.020 which clarifies conditions
where non-permitted ambulances may operate within the City. Again staff met with ambulance
company representatives to develop appropriate language.
In addition to provider requested language changes were made to update the ordinance. For example
the "Health Officer" no longer oversees ambulances in the County, this is done by the "County EMS
Director". Also when the current City ambulance ordinance was adopted the County did not have an
ordinanoe regulating ambulances. The proposed ordinance recognizes the need for city operators
to conform to the County ordinance (with the exception of rate regulation) in addition to state law.
The above changes were reviewed by the Budget and Finance Committee who support adoption of
the proposed ordinance and resolution.
Staff recommends adoption of the proposed ordinance.
March 24. 1995. tO:22am
ORDINANCE NO.
AN ORDINANCE AMENDING SUBSECTIONS C
AND F OF SECTION 5.10.010, SECTIONS
5.10.020, 5.10.030, 5.10.060~
5.10.070, 5.10.100, 5.10.110,
5.10.120~ 5.10.140, AND 5.10.150;
AND ADDING SECTION 5.10.125 AND
REPEALING SECTIONS 5.10.040 AND
5.10.080 OF THE BAKERSFIELD MUNICIPAL
CODE RELATING TO AMBULANCES.
BE IT ORDAINED by the Council of the City of Bakersfield
as follows:
SECTION 1.
Subsections C and F of Section 5.10.010 of the Bakers-
field Municipal Code are hereby amended to read as follows:
5.10.010 Definitions.
C. "Ambulance service charges" means any charge, fare
or other consideration for ambulance service, as set forth in
Section 5.10.120.
F. "E.M.S. director" means and refers to the public
official in charge of emergency medical services for the County of
Kern, State of California, or his duly authorized representative.
SECTION 2.
Section 5.10.020 of the Bakersfield Municipal Code is
hereby amended to read as follows:
5.10.020 Certificate of public convenience and necessity -
Required -'Exceptions.
A. Except as provided in subsection B of this section,
no person shall engage in. the ambulance business without first
obtaining a certificate of public convenience and necessity from
the city as provided in this chapter. This certificate shall be in
addition to any business license required by Chapter 5.02 of this
code.
B. A provider without a certificate of public
convenience and necessity may provide ambulance service within the
city under the following circumstances:
designee. 1. Upon request by the city manager or his
2. Upon request of a certificate holder and upon
approval of the city manager or his designee, when no certificate
holder has an ambulance or level of service immediately available
within the city, and when ambulance service is immediately
required.
3. To provide medically required specialized
transportation services not immediately available for a patient
within the city, if such specialized services have heretofore been
approved by the E.M.S. director, and if authorized by the city
manager or his designee.
SECTION 3.
Section 5.10.030 of the Bakersfield Municipal Code is
hereby amended to read as follows:
5.10.030 gertificate of public convenience and necessity -
Any person desiring to obtain a certificate of public
convenience and necessity shall make application therefor upon
forms available from the office of the city manager. Each
application shall be accompanied by a policy of insurance in the ~"
amount provided for by this chapter. The application shall include -
the following information:
A. The name of the applicant and trade name, if any,
under which he or she intends to conduct the business; or if a
corporation, its name, date and place of incorporation, address of
its principal place of business, and the names of its principal
officers, together with their respective residence addresses; or if
a partnership, association or unincorporated company, the names of .
the partners, or of the persons comprising such association or
company, and the business and residence address of each partner or
person;
B. A description of each ambulance or other vehicle
used or proposed to be used by the applicant;
C. The address and a description of the premises at
which the applicant proposes to maintain and operate such
ambulances.
D. The applicant shall furnish any and all additional
information as the city manager may, in his discretion, require.
E. The applicant shall pay a fee not to exceed the cost
- 2 -
of processing any such application and inspecting such business as
set forth in section 3.70.040.
SECTION 4.
Section 5.10.060 of the Bakersfield Municipal Code is
hereby amended to read as follows:
5.10.060 Certificate of ublic convenience and necessit
Issuance. -
A. The city manager shall consult with the chief of
police and the E.M.S. director to determine the ability of the
applicant to conduct the business in accordance with laws of Kern
County, the state and city ordinance.
B. The city manager shall not issue a permit pursuant
to this chapter unless he finds as follows:
1. That the application is complete and truthful;
2. The applicant is financially responsible;
3. The applicant will conduct said project in an
orderly, proper and lawful manner;
4. The applicant has not had a permit, issued in
the past three years under this chapter, revoked, unless the city
manager finds that the reasons for such revocation are unrelated to
this application;
5. Neither the applicant nor any listed partner,
manager or principal of the business has been convicted of a crime
substantially related to the aualificat~-~
-- ..... , functions or duties of
the business for which application is made, unless he has obtained
a certificate of rehabilitatIon;
6. That neither the applicant nor any manager of
the business has done any act involving dishonesty, fraud or deceit
with the intent to substantially benefit himself or another, or
substantially injure another;
7. The applicant is adequately insured', as
required by this chapter;
8. The applicant has satisfied the requirements of
this chapter and has complied with all laws of the state and
ordinances of the city applicable to the proposed business
operation;
9. Each ambulance described in the application
will be adequate and safe for the purposes for which it is to be
used, is not more than five years old and it will be equipped as
required by this chapter and the laws of the state;
10. Th~ public convenience'and necessity require
the operation of suCh private ambulance business within the limits
of the city; and
11. That the applicant has a valid operational
permit issued by Kern County.
SECTION 5.
Section 5.10.070 of the Bakersfield Municipal Code is
hereby amended to read as follows:
5.10.070 Certificate of public convenience and necessity - Notice
of decision by city manaqer.
The city manager shall give the applicant written notice
of his decision to grant or deny a certificate of public necessity
and convenience within ten days of the hearing and shall state the
reasons for his decision.
SECTION 6.
Section 5.10.100 of the Bakersfield Municipal Code is hereby .
amended to read as follows:
5.10.100 Certificate of public convenience and necessity -
~uspension and revocation.
Any certificate issued pursuant to this chapter may be
revoked by the city manager whenever he finds:
A. That misrepresentations were made on the
application; or
B. That the applicant has been'convicted of a crime
substantially related to the qualifications, functions or duties of
the ambulance business, unless he has obtained a certificate of
rehabilitation; or
C. That the applicant has done any act involving
dishonesty, fraud or deceit with the intent to substantially
benefit himself or another, or substantially injure another; or
D. That any of the terms or conditions of said
certificate have been violated, or that the business has been
operated in violation of local, state or federal law; or
- 4 -
E. The certificate holder has abandoned its operation
of the ambulance business for a period of thirty days; acts of God,
labor disputes and other acts beyond the control of the certificate
holder which cause abandonment or limitation of service shall not
be considered an abandonment within the meaning of this section; or
F. No suspension or revocation Shall be made effective
until a hearing has been held by the city manager. The certificate
holder shall have not less than ten days' notice of the hearing by
certified mail.
SECTION 7.
Section 5.10.030 of the Bakersfield Municipal Code is hereby
amended to read as follows:
5.10.110 Compliance with state law required.
No certificate of public convenience or necessity shall
be issued until.satisfactory proof of compliance with laws.of Kern
County, except as to ambulance rates, and the state in respect to
ambulance operations is furnished to the city manager.
SECTION 8.
Section 5.10.120 of the Bakersfield Municipal Code is
hereby amended to read as follows:
5.10.120 ~mhulance service charges.
A. Charges for ambulance services shall be set by the
following procedure:
1. Any certificate holder may file an application
to alter the current rate schedule with the citY prior to January
i of the year it wishes the schedule to take effect. Such
application shall be filed with the City Clerk, accompanied by a
proposed schedule of charges, and a fee not to exceed the cost of
processing any such application and reviewing such rates as set
forth in Section 3.70.040.
2. The city council must review charges at a
noticed public hearing within sixty days of January 1 of the year
in which the rates are proposed to change. The proposed charges
shall be published as set forth in section 6062a of the Government
Code.
3. At the public hearing, the council may
increase, decrease, accept or alter in any other way the charges as
submitted. The charges, as increased, decreased, accepted or
altered by the city council, shall take effect on April 1 following
the public hearing.
SECTION 9.
Section 5.10.140 of the Bakersfield Municipal Code is
hereby amended to read as follows:
5.10.140 Replacement of vehicle.
Annually, each certificate holder shall file with the
city manager a description of the vehicle abandoned and a
description of the vehicle placed in use.
SECTION 10.
Section 5.10.150 of the Bakersfield Municipal Code is
hereby amended to read as follows:
5.10.,.150 Appeals.
A. Should any applicant be dissatisfied with the
decision of the city manager or his designee not to grant a
certificate or for the revocation of a permit, then said applicant
may, no later than ten days after notice of such decision is
deposited in the United States mail, addressed to the applicant or
permittee at the address provided on the application, make written
objection to the city council setting forth the grounds for
dissatisfaction, whereupon the council shall hear said objections
at a regular meeting no later than three weeks following the filing
of the objection with the city clerk. The applicant shall be given
written notice no less than three days prior to said hearing. The
council may, upon said hearing, sustain, suspend or overrule the
decision of the city manager, which decision shall be final and
conclusive.
B. Pending the hearing before the council, the decision
of the city manager shall remain in full force and effect and any
reversal thereof by the city council shall not be retroactive but
shall take effect as of the date of the council's decision.
SECTION 11.
Section 5.10.125 is hereby added to the Bakersfield
Municipal Code to read as follows:
5.10.125 Level of service.
Ail permit holders in the City of Bakersfield shall
respond to all calls for ambulance service with paramedic-staffed
and equipped ambulances (Advanced Life Support "ALS" service)
within the City of Bakersfield.
SECTION 12.
Section 5.10.040 entitled "Certificate of Public
Convenience and Necessity-Investigation of Applicant" and Section
5.10.080 entitled "Certificate of Public Convenience and Necessity-
E~isting Businesses-Presumption of Public Co
slty,, of the Bakersfield Municipal Code rela ?*=-xen=e and Neces-
hereby repealed, ting to Ambulances are
SECTION 13.
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.
-o0o ........
- 7 -
~ ~ BU-qlNl=.q-(~ TAXE:.q~ LICEN.qI=R AND REGULATIONS_ '
C,l~nt_ er ~.10 AMBUI.ANCI;.=
5.10.125 Level of service.
NI pe~it holders In the city of Bakersfield shall respond to aJl calls for ambulance service wtlh paramedic-staffed and
equipped ambulances (Advanced Life Support 'ALS' sen,~e) within roe. city of Bakersfield. (Ord. ~ § 11. 1995)
Title S BUSINF.i~9 TA)(I;R~ LICEN. R~=~ AND REGULATION,~
Ch~. ter 5.10 AMBULANCF.~
5.10.010 Deflnitlone.
For the purposes of this chspter, the following terms shall have the meanings set out in this section:
ambulance defined as in subeecticn A of-th'~~:,,,a, ~ra. ng, m .anag~ng or maintaining as pnnclpal or agent any
C. "Ambulance servkm charges" means any charge, fare or other consideration for ambulance service as set forth in
Section 5.10.120.
.D.. 'Ce~e-h_oider' .is ~.y persm to whom a certificate Of public convanisnce and necessity has been Issued under
me provtslons of this chapter and which certificate has not been revoked.
F_ 'Operation within the city' means the receiving, picking up or embarking within the city of a sick or injured-person for
transportation or conveyance to-any point within or without the city, except the transl~'ta~on from h~pitals~ licensed
nursing homes, and certified extended care facilities kx:atad in the city to Ix~ints outside the city.
F. 'E.M.S. dire,~or' means and refers to the public official .in charge of emergency medical services for the County of
Kern, State of California, or his'duly authorized representative. (Ord. 3638 § 1, 1995: Ord. 2945 § 1, 1'98~t: prior code §
7.62.010)
Advanced Life Support (ALS), paramedic ambulance service should be provided
for all emergency ambulance responses within the City of Bakersfield. This would
include both 911 and private request for emergency ambulance service.
The use of Basic Life Support (BLS) ambulance, service can be in the best interest
of the patient, and payer when pre-arranged (two hour advanced notice) transfer
of patients from Hospital'to Hospital or Licensed Medical Facility to Licensed
Medical Facility is requested by a Physician or Registered Nurse, and ALS
services are not ask for or performed.
The use of BLs services for appropriate pre-arranged ambulance transport not
only provides the patient with the level of service needed for their care, but frees
up the higher level of service, ALS, to respond for emergency request. Correct
utilization of resources provides the most cost effective services for the public.
Request for Basic Life Support (BLS) Stand-by services should be sanction when
requested by an event coordinator who desires to utilize that level of service for
customers attending their event.
ADMINISTRATIVE REPORT
MEETING DATE: June 11,2003 IAGENDAITEM: ~'.SECTION:c[.., Consent I
TO: Honorable Mayor and City Council ....-.,, AI~PROVED
FROM: Development Services - Planning · DEPARTMENT H~D ~,_~
DATE: May 22, 2003 CITY ATTORNE/Y,' ~"~'
CITY MANAGER
SUBJECT: Ordinance amending Chapter 5.56, to limit the size of transient outdoor businesses to 400
square feet. (All wards)
RECOMMENDATION:
Staff recommends adoption of the Ordinance.
BACKGROUND:
The City Council conducted the first reading of the Ordinance on May 28, 2003.
Complaints about the practice of setting up automobile sales lots in parking lots of commercial
centers as transient outdoor businesses were forwarded to the City Council's Legislation &
Litigation Committee. Concerns included elimination of parking which would otherwise serve
existing businesses, lack of sanitary facilities, loss of sales taxes, unfair and fly-by-night business
practices and use of illegal signs for advertising.
Staff explained that the intent of the Transient Outdoor Business Ordinance was to regulate small
scale street corner sales of items such as brass or leather goods, art and rugs usually conducted
from a van, pickup or trailer. They were not envisioned as being delivered by semi-tractor trailers
or vehicle transporters. In order to maintain the intent of the ordinance it is recommended that it be
amended to limit the size of a transient outdoor business to 400 square feet.
JH:pjt
Admin\6-11-tob
ORDINANCE NO. _
AN ORDINANcE AMENDING CHAPTER 5.56
OF THE BAKERSFIELD MUNICIPAL CODE
RELATING TO TRANSIENT OUTDOOR
-BUSINESSES.
BE IT ORDAINED BY THE COUNCIL oF THE CITY OF BAKERSFIELD as follows:
Section 1.
Chapter 5.56 is hereby amended by adding 5.56.031 A.13 that the entire business shall
be contained and conducted within an area not to exceed four hundred (400) square feet.'
Section 2.
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.
---------000-------'
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 COUCH, CARSON, BENHAM, MAGGARD, HANSON, SULLIVAN, SALVAGGIO
NOES: COUNClLMEMBER.
ABSTAIN: COUNClLMEMBER
ABSENT: COUNClLMEMBER
PAMELA A. McCARTHY, CMC
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED
HARVEY L HALL
Mayor of the City of Bakersfield
APPROVED as to form
BART J. THILTGEN
City Attomey
By:
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'
~~~ Michael W. Turnipseed ':'...
1~1 17th Street, Suite D
Bakersfield Ca 93301-4703
m.~mipseed~prodlgy, net
O~ce ~1-32~1191 V-mail/Pgr~1~32-Sg10
Fax ~1~2~1192 Toll Free ~1191
,~~~..~ Michael W. Turnipseed :'.:.
1001 17th Street, Suite D
Bakersfield Ca 933014703
~---~~'~'~ m.turnipseed@prodlgy, net '
Office 661-325-1191 V-mail/Pgr 661-632-8910
Fax 661-325-1192 Toll Free 866-6,56-1191