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HomeMy WebLinkAbout2004 ADMINISTRATIVE REPORT MEETING DATE: November 17, 2004 IAGENDAITEM: I~.°-.sECTION: Deferred Business TO: Honorable Mayor and' City Council APPROVED FROM: Alan Tandy, City Manager DEPARTMENT HEAD DATE: October 21, 2004 CITY ATTORNEY CITY MANAGER SUBJECT: An Ordinance Amending Section 8.44.030 of the Bakersfield Municipal Code Relating to Fireworks (First Reading November 3, 2004) RECOMMENDATION: Legislative and Litigation Committee recommends adoption of the Ordinance. BACKGROUND: The ordinance was given first reading at the City Council meeting of November 3, 2004. At its meeting of October 18, 2004, the Legislative and Litigation Committee reviewed staff presentations on proposals to modify the City's existing fireworks ordinance. This issue had been referred to Committee in January for review of the lottery drawing and then back to Committee for further review in April. Both staff comments and community input were received in the Committee's discussions on the issue. The major changes proposed by the Committee include: a) Eliminate duplicate applications. Currently organizational subunits within a local non-profit can submit more than one application thereby increasing the chance of some unit in that non-profit being selected in the lottery. b) Place additional emphasis on contributions to the community in addition to non-profit status. This condition will add contributions to the community as a condition for application thereby eliminating any organization which does not provide direct community service within the City of Bakersfield. c) Eliminate the automatic allowance for County permits annexed into the City. This was originally intended to not disadvantage County permit holders if annexed to the City; this has not been an issue for some time and does not affect any current standing. d) Require permit holders to provide educational fire safety information authorized by the Fire Department with full cost recovery borne by the permit holder. This is a new requirement, which the Committee felt was important to the health and safety of the community due to recent incidents involving the misuse of fireworks in the City Of Bakersfield. e) Ban Piccolo Pete and ground flower type fireworks. This bans these specific types of fireworks from sale in the City'of Bakersfield as they are often associated with conversion to illegal fireworks and are common causes of fires. f) Change to a two-year fireworks permit cycle. Currently, there is an annual application cycle for fireworks permits. This changes that cycle to a two-year period so that the lottery portion will occur November 5, 2004, 11:27AM P:~l_&L~,dmin Reports~DM04-11-17-1-FireworksOrdinanceChanges-2ndRdg.doc ADMINISTRATIVE REPORT every two years, providing stability for the organizations receiving the fireworks permit in the first year. Organizations will have to meet all conditions for each year in which they have been selected for the permit to be issued. Beginning the 2007 season: g) Eliminate all grandfathered permits. Currently there are 39 grandfathered permits (those annually allowed a fireworks permit without going through the lottery process). In this group, there are 36 non-profit and three for-profit organizations, who held fireworks permits in 1994 and continuously since then). Eliminating all for-profit and non-profit grandfathered permits removes the inequity of allowing a select group of organizations a guaranteed permit while others must go through the lottery process. The only difference between First reading of the ordinance and Second reading is that staff corrected a date within the ordinance to clarify that the new ordinance goes into effect on July 16, 2006. November 5, 2004, 11:27AM '~ P:\L&L~Admin Reports~,DM04-11-17-1-FireworksOrdinanceChanges-2ndRdg.doc ORDINANCE NO. · AN ORDINANCE OF THE COUNCIL OF THE CITY OF BAKERSFIELD AMENDING CHAPTER' 8.44 OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO FIREWORKS. BE IT ORDAINED by the Council of the City of Bakersfield as follows: SECTION 1. Chapter 8.44 of the Bakersfield Municipal Code is hereby amended to read as follows: Chapter 8.44 FIREWORKS ' Sections: · 8.44.010 Definitions. 8.44.020 Permit required~. 8.44.025 Effective dates. 8.44.030 Application - Issuance - Fee. 8.44.035 Application - Issuance - Fee. 8.44.040 Regulations. 8.44.050 Revocation. 8.44.060 Appeal. 8.44.010 Definitions. Whenever used in this chapter, unless a different meaning clearly appears from the context, the words set out in this section shall have the following meanings: A. "APplicant" means those persons defined in section 8.44.030(A) (1) through (4) and 8.44.035 ^. B.. "Person" means any individual, partnership, grOup, corporation or association of any nature whatsoever. 8,44,020 Permit required, It is unlawful for any person to sell or offer for sale or expose for sale within the city any fireWorks in violation of this chapter or without having a valid permit in accordance with the provisions of this chapter. S:\COUNCIL\Ords\04-05 Ords\Firew~rksS.44.Amen(lFnl.ll-O4.doc -Page 1 of 11 Pages 8.44.025 Effective Dates. :. Not withstanding anything to th'e contraryin section 8.44.030, section 8;44.030 shall be effective through July 15th 2006. All organizations isSued a fireworks permit in 2005 under.Section 8.44.030 shall be eligible to reapply for a fireworks permit through July 15~h 2006. 8.44.030, AppliCation - Issuance - Fee. A. A Permit fOr the sale of safe and sane firewOrks may not be issued except to the following applicants: 1. A nonprofit organiZation or corporatiOn organized and existing primarily for veteran, patriotic, religious, welfare, charitable or civic-betterment purposes, organized and .. established in the city at least one year pdor to the filing of application for permit under this chapter and having a bona fide membership of at least thirty-five members: The organization must be one whiCh provides direct and regular community services and benefits to the citizens of the City of Bakersfield. A local generally recognized nonprofit organization is eligible to submit one. application. Each educational and/or religious organization, is eligible to submit one application (signed by the local recognized leader of the organization). 2. Retail (for profit) business establishments which have, for a period of at least one year pdor to the filing of an application for permit under this chapter, held a valid business tax certificate issued by the city under Chapter 5.02 of this code; provided, no such permit shall be issued to any such retail business establishment unless Such establishment was issued a permit the previous year. 3. Those applicants having first obtained a permit or license from the State Fire Marshall under Part 2, Division 11 of the Health and Safety Code of this state. B. All recipients of fireworks permits except those specifically exempted in subSection C. herein, shall be selected by a drawing (by lot) conducted by the city manager or his/her designee not later than April 10th of each year. C. The total number of fireworks permits to be issued shall not exceed one permit per four thousand population, or portion thereof,, in the city, as set forth in the prior calendar year annual report of the 'State Department of Finance, but not less than fifty; provided, however, any person applying for a fireworks permit who had such permit in 1994 and also in each subsequent year shall be issued a permit if otherwise qualified without being included in the drawing, notwithstanding the fact that such issuance may increase the number of permits to more than that allowed herein. D. Applications for fireworks permits shall be submitted by the "applicant" (as opposed to the fireworks vendor) commencing March 1st through March 30th of each year. No applications shall be accepted by the city after March 30th of each year. Applications for the drawing referenced in subsections (B) and (C) above need not include the State S:~COUNCIL~.Ords\04-05 Ords\FireworksS.44.AmendFnl. 11-04.~1oc --Page 2 of 11 Pages - Sales Tax number nor will require items 3 thrOugh 8 of the apPlication form. 'Those applicants successful in the drawing shall have until. May 15th to complete their appliCations. · E. Except as modified by subsection (D)'abOve, applications for fireworks permits shall be made on forms to be fumished bY'the city manager or' his designee, shall be signed under penalty of perjurY by the appliCant and shall require the following information and documents: . 1. The name,-address and telephone number of the nonprofit Organization or · retail business establishment for which application is made; 2. · The applicant's business tax certifiCate number if it is a retail business establishment, and the name and address of all owners of such business; 3. . The location of the proposed fireworks sales; 4. ::.The purpose of the nonprofit organization or Corporation including the services provided to the citizens of the City of Bakersfield, the number of citizens within the City of Bakersfield the organizatiOn serves; its principal and permanent meeting place in the City of Bakersfield; the approximate date of its establishment in the city; the total number of its local membership; the names and addresses of its officers; 5. A plot plan, showing the location of the temporarY fireworks stand, utilities, location of permanent and temporarY structures, curb cuts and/or driveways and identifying the nearest available sanitarY facilities, and fire hydrants. For those applicants who were issued a fireworks permit for the preceding year, the plot plan must be submitted with the appliCation package. For those appliCants successful in the drawing, plot plans must be submitted by May 15th of each year. Pict plans will be approved or rejected by the Fire Department by June 15th. Amendment will not be permitted to any plot plan rejected subsequent to the March 30th application deadline for renewal permits or the May 15th deadline for successful drawing, appliCants, except to correct any violation of the minimum distance separation as required by Section 8A4.040(F); 6. A written authorization from the owner of the location or person in lawful possession thereof, if otherthan the applicant, for the locating of the business upon his or her property; 7. Evidence, satisfactorY to the city manager or his designee, of (1) general liability insurance providing coverage on an occurrence basis for bodily injurY, inCluded death of one or more persons, property damage and personal injurY, with limits as required by the city; and (2).workers' compensation, with statutorY limits and employers liability insurance with limits as required by the city. All policies required of the applicant hereunder shall be primarY insurance as to the city, its mayor, council, officers, agents, employees and 'volunteers and any insurance or self-insurance maintained by the city, its mayor, .council, officers, agents, employees and volunteers shall be considered excess insurance over and above the applicant's insurance and shall not contribute with it. The appliCants SSCOUNCIL\Ords\04-05 Ords\Fireworks8.44.Amend Fnl. 11-04.doc -Page 3 of 11 Pages -- - shall save, hold harmless and indemnifY the city, .its officers, agents,, employees and volunteers frOm all claims, demands, damages,'judgments, costs or expenses in law or equity that may at any time arise from or is any way related to any work performed by applicant, his agents or employees under the terms of any permit issued under this chaPter; ' · 8. Cash bond in the sum of one hundred dOllars, to be forfeited to the city in the event the permittee fails to remove said stand, equipment and rubbish from the premises upon which the stand is located before twelve noon on July 15th of the year for which said permit is granted. The cash bond shall be returned to the applicant upon full performance of the requirements of this chapter; 9. Approval from the public works department of the city that operation atthe fireworks stand at the proposed-location will not present any substantial hazard to vehicular or pedestrian traffic. F. Location of temporary stands may not be changed after an application is filed except as required by the city, or where there is evidence of change in property ownership or management and prior approval or consent has been revoked by the new owners or managers. G. No one organization eligible to receive a permit may receive more than one · permit forfireworks sales dudng any one calendar year. H. All permits issued under this chapter shall remain in effect from noon on July · 1st to noon on July 5th unless eadier suspended or revoked. I... All applicants for permits, whether selected by drawing or not, shall pay a non-refundable fee, on or before March 30th of each year, not to exceed the cost of processing any such application. All successful applicants for permits shall pay a fee, on or before May 15th of each year, not to exceed the full cost of inspecting and enforcing such business. All fees shall be established as set forth in Chapter 3.70 of this Code. J. Permits may be isSued with conditions to ensure that the business will be operated in.a safe and legal manner, will not disturb the peace and quiet of the neighborhood and will not constitute an undue burden on city resources. · K. This entire section shall sunset at midnight on July 15, 2006. 8.44.035 - Application - Issuance - Fee, A. On July 16, 2006, and thereafter, a permit for the sale of safe and 'sane fireworks may not be issued except to a nonprofit organization or corporation organized and existing primarily fOr veteran, patriotic, religious, welfare, charitable or civic-betterment purposes, organized and established in the city at least one year prior to the filing of application for permit under this chapter and having a bona fide membership of at least thirty-five members. The organization must be one Which 'provides direct and regular S:~COUNCIL\O~ds\04-05 O rds~Fi rewod~..~8.44 .Ame nd F nl, 11-O4.doc --Page 4 of 11 Pages - communitY services and benefits to the citizens of the CitY of Bakersfield. A local generally recognized nonprofit organization is eligible t° submit one application. Each educational and/or religious organization is eligible to submit one application (signed by the local recognized leader of'the organization)i B. ·All recipients of fireworks permits shall be selected by a drawing (by lot) conducted by the citY manager or his/her designee not later than Apdl 10th of each odd 'year. Each recipient successful in the odd year drawing shall be eligible to reapply for a fireworks permit the following year. Unsuccessful applicants may reapply for a fireworks permit in the next odd year. · C. The total number of firewOrks permits to be issued shall not exceed one permit per four thousand population, or portion thereof,' in the city, as set forth in the prior calendar year annual report of the State Department of Finance. D. Applications for fireworks permits shall be submitted by the "applicant" (as opposed to the fireworks vendor) commencing March -1st through March 30th of each year. No applications shall be accepted by the city after March 30th of each year. Applications for the drawing referenced in subsections (B) and (C) above need not include the State Sales Tax number nor will require items 3 through 8 of the application form. Those applicants suCcessful in the drawing shall have until May 15th to complete their aPplications. E. Except as 'modified by Subsection (D)'above, apPii~,,ations for fireworks permits shall be made on forms to be furnished by the city manager or his designee, shall be signed under penaltY of perjury by the applicant and shall require the following information and documents: 1. The name, address and telephOne number of the nonprofit organization or retail business establishment for which application is made; 2. The applicant's business tax certificate number if it is a retail business establishment, and the name and address of all owners of such business; 3. The location of the proposed fireworks sales; 4. The purpose of the nonprOfit organization or Corporation including the services provided to the citizens of the City of Bakersfield, the number of citizens within the City of Bakersfield the organization serves; its principal and permanent meeting place in the City of,Bakersfield; the approximate date of its establishment in the city; the total number of its local membership; the names and addresses of its officers; 5. A plot plan, showing the location of the temporary fireworks stand, utilities, location of permanent and temporary structures, curb cuts and/or driveways and identifying the nearest available sanitary facilities, and fire hydrants. For those applicants who were issued a fireworks.permit for the preceding year, the plot plan must be submitted with the application package. For those applicants successful in the drawing, plot plans must be S:~COU NClL~Ords\04-05 Ord$~FireworksS.44.AmendFnl. 11-04.doc --Page 5 of 11 Pages - submitted by.May 15th of each year. Plot plans will' be approved or rejected by the Fire Department by June 15th. Amendment will not be permitted to any plot plan rejected subsequent to. the March 30th application deadline for renewal permits or the May 15th deadline for suCcessful drawing applicants, except to correct any violation of the minimum diStance separation as required by Section 8A4.040(F); 6. A written authorization from the owner of the location or person in lawful possession thereof, if other than the applicant, for the locating of the business upon his or ' her' property; 7. Evidence, satisfactory to the city manager or his designee, of (1) general liability insurance providing coverage on an occurrence basis for bodily injury, included death of one or more persons, property damage and personal injury, with limits as required · by the city; and (2) workers' compensation, with statutory limits and employers liability. insurance with limits as required by the city. All policies required of the aPplicant hereunde~ shall be pdmary insurance as to the city, its mayor, 'council, officers, agents, employees and volunteers and any insurance or self-insurance maintained by the city, its mayor, council, officers, agents, employees and volunteers shall be considered excess insurance over and above the applicant's insurance and shall not contribute with it. The applicants shall save, hold harmless and indemnify the city, its officers, agents, employees and volunteers from all claims, demands, damages, judgments, costs or expenses in law or equity that may at any time arise from or is any way related to any work performed by applicant, his agents or employees under the terms of any permit issued under this chapter; 8. Cash bond in the sum of one hundred dollars, to be forfeited to the city in the event the permittee fails to remove said stand, equipment and rubbish from the premises upon which the stand is located before twelve noon on July 15th of the year for which said permit is granted. The cash bond shall be returned to the applicant upon full performance of the requirements of this chapter; 9. Approval from'the public works department of the city that operation at the fireworks stand at the proposed location will not present any substantial hazard to vehicular or pedestrian traffic. F. Location of temporary stand~ may not be Changed after an application is filed except as required by the city, or where there is evidence of change in property ownership or management and prior approval or consent has been revoked by the new owners or managers. G. No one organization eligible to receive a permit may receive more than one Permit for fireworks sales during any One calendar year. H. All permits issued under this chapter shall remain in effect from noon on July 1st to noon on July 5th unless eadier suspended or revoked. S:~COUNCIL\Ords~04-05 Ords~Fir~vorksS.44.AmendFnl. 11-04.doc -Page 6 of 11 Pages I. All applicants for permits shall pay a non-refundable fee, on or before March 30thth of each year, not to exceed the cost of processing any s.u, ch application. All successful applicants for permits shall pay a fee, on or before May 15"' of eaCh year, not to exceed the full cost of inspecting and enforcing'such business. All fees shall be established as set forth in Chapter 3.70 of this Code. ' J. Permits may be issued with conditions to ensure that the business will be operated in a safe and legal manner, will not disturb the 'peace and quiet of the neighborhood and will not constitute an undue burden on city resources. 8.44.040 Regulations. A. Those firewOrks which are classified asi"dangerous" fireworks under Section 12505 of the Califomia Health and Safety Code are prohibited, except that such fireworks as are defined and classified as "safe and sane fireworks" in Section 12529 of the California Health and Safety Code may be displayed, sold and used pursuant to the provisions of.this chapter and not otherwise. Notwithstanding anything to the contrarY, "Piccalo Pete, type and "Ground Flower" type fireworks shall not be used, displayed, or sold separately or in combination with otherwise allowed fireworks. B. No permit holder shall shout; make any outcry; blow a horn, dng a 'bell or use any other sOund device including any loudspeaker, radio or amplifying system where sound of sUfficient volume is emitted or produCed there from caPable of being plainly heard upon the streets, alleys, parks or other public places. C. Any permit issued pursuant to this chapter shall be nontransferable, and shall be valid only as to the applicant and location provided on the application for such permit, or as set forth in Section 8.44.030F. Locational preference shall be given for the consecutive use of a particular location by the applicant as established by the previOus year's approved plot plan assuming all other provisions of this ordinance are complied with. If two or more applications for new stand locations are within the minimum 400 foot distance requirement of each other, preference shall be determined by a drawing conducted by the city manager or his/her designee. D. Except as expressly permitted by and in accordance with the provisions of ChaPter 12.44 of this code, the sale, offer to sell, advertising or display of merchandise on any street or sidewalk in the city or roof of the fireworks stand is prohibited. E. Ail retail sales of safe and sane fireworks shall be permitted only from a temporary fireworks stand and the sale from any other building or structure is prohibited. The sale of any other items or commodities (e.g., consumables) in conjunction with the sale of safe and sane fireworks is stdctly prohibited.. F. No fireworks stand .shall be located within one hundred feet of any gasoline storage or gasoline, pump or any garage 'or within thirty feet of any other building, or within four hundred feet of any other fireworks stand, when measured closest point to closest point. · i S:\COUN CIL~Ordst04-05 Ords~'irew°d~8.44.~d~endFnl. 11-04.doc ,~. -Page 7 of 11 Pages - G. Fireworks stands need not complY with the provisions of the building code of the City except that, the building official shall have authority to require that stands be constructed in a manner which will reasonably ensure the safety of attendants and patrons. Fireworks stands may utilize shading deviCes such as canopies or awnings for the convenienCe of patrons subject to the following limitationS: 1. The location and dimensions must be shown on the approved plot plan; 2. Cannot cover or imPede any public rights-of-way; 3. .Must be free, standing (not anchored or tied to any public property such' as light or electrical poles); 4. Must not cover the booth or any portion thereof; · 5. Must meet all Uniform Fire Code specifications as adopted by the city, including flame retardancy and set-back requirements; '.6'i.Must provide shade from the top only (no sides). Banners, signs or other items on or hanging from the awning or canopy are prohibited; 7. May not reduce the number of parking spaces required by the traffic authority; and 8. Display or sale of fireworks from the awning or canopy area is prohibited. H. Fireworks stands shall be located only in a C-1 zoning distdct or a zoning distdct less restrictive than C-1, unless located upon property owned and occupied by a church and/or school, which church or school is either a legal or legal nonconforming use of such property. I. All temporary stands for the' display and sale of fireworks shall obtain an electrical permit .from the city building department, if electrical current is utilized or necessary. J. If a toilet is not immediately available dudng all open or sale hours of the fireworks stand, then an approved chemical one must be provided. K. Each stand in' excess of twenty-four feet in length, must have at least two exits. Each stand in excess of forty feet in length must have at least three exits. L. Each stand shall be provided with not less than two 2A 10 BC-type fire extinguishers, underwriter approved, in good working order and easily accessible for use in case of fire. M. No person shall light, or cause or permit to be lighted, any fireworks or any other article or material within any such stand, or within fifty feet thereof. N. No smoking shall be allowed in any stand, 'nor within .fifty feet thereof. "No smoking" signs shall be prominently displayed. O. All weeds and combustible material shall be cleared from the location of the stand, including a distance of at least twenty feet surrounding the stand. S:\COUNCIL\Ords~04-05 Ords\Firewonks8.44.AmendFnl. 11-04.doc --Page 8 of 11 Pages - P. There shall be at least one adUlt in attendance during the open or sale hoUrs of ~' - the fireworks stand. NO minor under the age of eighteen shall be permitted in a stand. ' Q. All permits must be posted in a conspicuous place. . R. Fireworks shall be sold only between the hours of twelve noon, jUly 1st, to twelve noon on July 5th. . · S. Permittee shall strictly comply.with all provisiOns of the State Fireworks Law' (Sections 12500 et seq. of the Health and Safety Code). T. ·The fireworks Stand shall be removed from the temporary location by twelve noon on July 15th, and all accompanying litter shall be cleared from said location on or before said time. U. Night watchman accommodations shall not be closerthan twenty-five feet from the fireworks stand. V. No fireworks shall be placed in any fireworks stand until a permit for such stand has been issued by the city. W. .Any person who receives a notice to correct any violation of these regulations or any other condition of the Permit, and who fails to correct such violation within the time preScribed in the notice, may be assessed a fee not exceeding the city's cost of reinspection in accordance with Section 3.70.040 of this code. X. Each fireworks stand shall prominently disPlay and provide safety educational ~ materials that have been approved by the City of Bakersfield's Fire Chief. A copy of the required materials shall be provided by the Bakersfield Fire Department. Required materials shall be paid for by the applicant and distributed With each fireworks sale. ~ Y. All enforcement of the provisions of this chapter may be through the Uniform Fire Code. 8.44.050 Revocation. Any permit issued pursuant to this chapter shall be immediately revoked by the city manager or his designee whenever he finds:. A. That misrepresentations were made on the application; or B. That any of the terms or conditions of said permit have been violated, or that the business has been operated in violation of local, .state or federal law. S:~COUNClL~Ords~04.05 Ords~Cirewon~8.44.AmendFnl. 11-04.doc --Page 9 of 11 Pages - 8.44.060 Appeal. A. Should any applicant be dissatisfied with the decision of the city manager or his designee not to grant a permit or to revoke a permit, then s~id 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 headng, sustain,: suspend or overrule the decision of the city manager or his designee, which decision shall be final and conclusive. . B. Pending the hearing before the council, the decision of the city manager or his designee 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 decisions.~ 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 ...... S:~COU NClL\Ords~04-05 Ords~Firew~rksS, 44.AmendFnl. 11-04.doc -Page 10 of 11 Pages -- I HEREBY CERTIFY that the foregoing Ordinance was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on by the following vote: ' AYES: COUNCILMEMBER COUCH, CARSON, BENHAM, MAGGARD, HANSON, SULLIVAN, SALVAGGIO NOES: COUNCILMEMBER ABSTAIN: COUNCILMEMBER ABSENT: COUNCILMEMBER CITY CLERK and EX OFFICIO of the Council of the City of Bakersfield APPROVED: ..... By: HARVEY L. HALL, Mayor CITY OF BAKERSFIELD ' APPROVED AS TO FORM: VIRGINIA GENNARO . City Attorney By: VIRGINIA GENNARO City Attomey VG:AMS:dll S:\COUNCIL~Ords~04-05 Ords~ireworksa.44.ArnendFnl. 11-04.doc -Page 11 of !.1 Pages - ADMINISTRATIVE REPORT MEETING DATE: November 3, 2004 I AGENDAiTEM: .[~_:0.,oSECTION: New Business TO: Honorable Mayor and City ~Council APPROVED FROM: Alan Tandy, City Manager DEPARTMENT HEAD DATE: October 21' 2004 ' CITY ATTORNEY ../~/~-~'_,.~ · · CITY MANAGER /'/ SUBJECT: An Ordinance Amending Section 8.44.030 of the Bakersfield Municipal Co~le Relati~ng to FireWorks (First Reading) RECOMMENDATION: Legislative and Litigation Committee recommends first reading of the Ordinance. BACKGROUND: - At its meeting of. October 18, 2004, the Legislative and Litigation Committee reviewed staff presentations on proposals to modify the City's existing fireworks ordinance. This issue had been referred to Committee in January for review of the lottery drawing and then back to Committee for further review in April. Both staff comments and community input were received in the Committee's discussions on the issue. The major changes being proposed by the Committee include: During the 2005 season: . a) Eliminate duplicate applications. Currently organizational subunits within a local non-profit can submit more than one application, thereby increasing the chance of some unit in that non-profit being selected in the lottery. b) Place additional emphasis on contributions to the community in addition to non-profit status. This condition will add contributions to the community as a condition for application thereby eliminating any organizatiOn which does not provide direct community service within the City of Bakersfield. c) Eliminate the automatic allowanCe for County permits annexed into the City. This was originally intended to not disadvantage County permit holders if annexed to the City; this has not been an issue for some time and does not affect any current standing. d) Require permit holders to provide educational fire safety information authorized bY the Fire Department with full cost recovery borne by the permit holder. This is a new requirement, which the Committee felt was important to the health and safety of the community due to recent incidents involving the misuse of fireworks in the City Of Bakersfield. e) Ban Piccolo Pete and ground flower type fireworks. This bans these specific types of fireworks from sale in the City of Bakersfield as they are often associated with conversion to illegal fireworks and are common causes of fires. f) Change to a two-year fireworks permit cycle. Currently, there is an annual application cycle for fireworks permits. This changes that cycle to a two-year period so that the lottery portion will occur October, 22, 2004, 1:39PM P:\L&L~,dmin Reports~ADM04-11-03-1-FireworksOrdinanceChanges.doc ADMINISTRATIVE REPORT every two years, providing stability for the organizations receiving the fireworks permit in the first year. Organizations will have to meet all conditions for each year in which they have been selected for the permit to be issued. Beginning the 2007 season: g) Eliminate all grandfathered permits. Currently there are 39 grandfathered permits (those annually allowed a fireworks permit without going through the lottery process). In this group, there are 36 non-profit and three for profit organizations, who held fireworks permits in 1994 and continuously since then). Eliminating .all for-profit and non-profit grandfathered permits removes the inequity of allowing a select group of organizations a guaranteed permit while others must go through the lottery process. Separately from changes within the Fireworks Ordinance, the Committee recommends adding to the Fire Code procedures for administrative enforcement. The Committee also recommends that the issues of cost recovery of staffing costs for 2005 be sent to Budget and Finance Committee. October 22, 2004, 1:39PM P:~l.&L~Admln Reports~ADM04-11-03-1-FimworksOrdinanceChanges. doc INISTRATIVE ' ADM REPORT I MEETING DATE: October 20, 2004 AGENDA SECTION: Reports ITEM: I~, ~. TO: Honorable 'Mayor and City Council APPROVED FROM: Alan Tandy, City Manager DEPARTMENT HEAD DATE: October 11, 2004 CITY A'I'rORNEY ~ CITY' MANAGER v~'~. SUBJECT: Report #1-04 from the Legislative and.Litigation Committee regarding Rpc~'ort-~om the Ad Hoc Downtown Task Force RECOMMENDATION: Legislation and Litigation Committee recommends acceptance of recommendations. BACKGROUND: The Legislative and Litigation Committee met on October 18 to review a report of the Ad Hoc Downtown Task Force. The-Ad Hoc Downtown Task Force was formed by the Legislative and Litigation Committee on July 12, 2004 in an attempt to formulate solutions to the security concerns that exist in the downtown area, primarily on ThursdaY through Saturday evenings. The Task Force met monthly, and its participants included various members of the Downtown Business Association, the Alcoholic Beverage Control unit, the District Attorney's Office, the Chief of Police and members of his staff, the City Attorney, and Legislative and Litigation Committee Chairperson Sue Benham. Some of the administrative recommendations of the Task Force have already been implemented. For example, the Police Department haS removed its weekly use of barricades at 19th and Eye Streets and has become more flexible in its deployment of officers to the area. Both the Police Department and the Downtown Business Association have expressed satisfaction with these efforts. The Task Force believes that there are additional recommendations which can' be implemented to further the goals of the Task Force. The Legislative and Litigation Committee supports the following recommendations for City Council adoption: 1. That the cabaret sections of the Bakersfield Municipal Code be amended to require annual permits and the imposition of conditions at the renewal period. 2. That in the interests of community safety, there be a greater awareness amongst City staff when evaluating the PC&N and liquor license application process so that significant consideration be given to Department of Justice Part I Crime statistics and police calls for service. 3. That the Bakersfield Police Department and necessary City staff continue to meet with downtown bar owners and 'the Downtown Business Association to meet their needs of appropriate Police presende. October 11, 2004, 9:52AM P:\L&L~,dmin Reports~,DM04-10.20-2-AdHocDowntownTaskForce.doc ADMINISTRATIVE REPORT 4. That City Council .work with the City Attorney to develop and approve a community prosecution program in which the City Attorney's office will partner with the District Attorney's office to insure that those who commit misdemeanor crimes that threaten our community's "quality ofJife" are held accountable for their actions, 5, That the Bakersfield Police Department pursue an agreement with the County/Western Corrections Diversion Program in an effort to divert certain misdemeanor arrests to community services projects and to insure that there is a form of restitution for those who commit "quality of life" misdemeanor offenses. October 11, 2004, 9:52AM P:~&L~Admin Reports~ADM04-10-20-2-AdHocDowntownTaskForce,doc ADMINISTRATIVE REPORT TO: Honorable 'Mayor and City Council APPROVED FROM: Alan Tandy, City Manager DEPARTMENT.HEAD DATE: October 11, 2004 CITY ATTORNEY ~ CITY MANAGER SUBJECT: Report #1-04 from the Legislative and Litigation Committee regarding R he Ad Hoc Downtown Task Force RECOMMENDATION: Legislation and Litigation Committee' recommends acceptance of recommendations. BACKGROUND: The Legislative and Litigation Committee met on October 18 to review a report of the Ad Hoc Downtown Task Fome. The Ad Hoc Downtown Task Force was formed by the Legislative and Litigation Committee on July 12, 2004 in an attempt to formulate solutions to the security concerns that exist in the downtown area, primarily on Thursday through Saturday evenings. The Task Force met monthly, and its participants included various members of the Downtown Business Association, the Alcoholic Beverage Control unit, the District Attorney's Office, the Chief of Police and members of his staff, the City Attorney, and Legislative and Litigation Committee Chairperson Sue Benham. Some of the administrative recommendations of the Task Force have already been implemented. For example, the Police' Department has removed its weekly use of barricades at 19· and Eye Streets and has become more flexible in its deployment of officers to the area. Both the Police Department and the Downtown Business Association have expressed satisfaction with these efforts. The Task Force believes that there are additional recommendations which can be implemented to further the goals of the Task Force. The Legislative and Litigation Committee supports the following recommendations for City Council adoption: 1. That the cabaret sections of the Bakersfield Municipal Code be amended to require annual permits and the imposition of conditions at the renewal period. 2. That in the interests of community safety, there be a greater awareness amongst City staff when evaluating the PC&N and liquor license application process so that significant consideration be given to Department of Justice Part I Crime statistics and police calls for service. 3. That the Bakersfield Police Department and necessary City staff continue to meet with downtown bar owners and the Downtown Business Association to meet their needs of approPriate Police presence. October 11, 2004, 9:52AM P:~&L~Admin Reports~ADM04-10-20-2-AdHocDowntownTaskForce.doc ADMINISTRATIVE REPORT 4. That City Council .work with the City Attorney to develop and approve a community prosecution program in which the City Attorney's office will partner with the District Attorney's office to insure that those wh© commit misdemeanor crimes that threaten our community's "quality of life" are held accountable for their actions. 5. That the Bakersfield Police Department pursue an agreement with the County/Western Corrections Diversion Program in an effort to divert certain misdemeanor arrests to community services · projects and to insure that there is a form of restitution for those who commit "quality of life" misdemeanor offenses. October 11, 2004, 9:52AM P:~l.&L~Adrnin Reports~ADM04-10-20-2-AdHocDowntownTaskFome.doc B A K E R S F I 'E L D OFFICE OF THE CITY MANAGER MEMORANDUM July 9, 2004 TO: Mayor and City Council FROM: Sue Benham, Council Member, Ward2 ~- ~"~>~"~'/.-~r--/ Chair, Legislative and Litigation Committee SUBJECT: City Voting Delegate and Alternate to League of California Cities Annual Conference Each year the League of California Cities holds an annual conference for which cities are asked to select a Voting Delegate and Alternate. Typically, the Voting Delegate and .Alternate are both appointed from elected City leaders attending the Conference. This year the League Annual Conference is being scheduled Friday-Sunday, September 17-19, in Long Beach, California. It is important that all cities are represented fpr consideration of resolutions in the general assembly at the annual business meeting on Sunday, September 19, at 10:15 a.m. The Legislative and Litigation Committee traditionally submits Voting Delegate and Alternate recommendations to the City Council for approval. If you are planning to attend this year's Annual Conference of the League and are interested in serving as the Voting Delegate or Alternate, please return this memo by July 23, with your preference marked below, to Trudy Slater in the City Manager's Office for consideration by the Legislative and Litigation Committee. The Committee .plans to review names submitted at its next meeting for final recommendation to Council for action. cc: Alan Tandy, Ginny Gennaro, Pam McCarthy Mayor and Council Member Preference for Voting Delegate and Alternate Yes, I would like to be considered for the following position(s): League Voting Delegate League Voting Alternate Mayor/Councilmember Name Please return to Trud¥ Slater in the City Manaqer's Office. ]Trudy Slater - Re' Cancellation From: Alan Tandy To: Trudy Slater Date: 6/11/2004 2:01:11 PM Subject: Re: Cancellation of Leg. & Lit. meeting for June 21. ok >>> Trudy Slater 6/11/04 1:52:16 PM >>> I have just talked with Sue regarding the agenda for the June 21 Leg. & Lit.meeting. She has indicated the items on downtown safety issues (DBA) and compelling utility companies to maintain junction boxes can be delayed until the scheduled Leg. & Lit. meeting in July (July 12). The fireworks ordinance issue should not come back to committee until after this fireworks season is over. Therefore, with your concurrence, I will cancel the L&L meeting of June 21 for future review by the L&L Committee. ADMINISTRATIVE REPORT I MEETING DATE: January 28, 2004 I AGENDA SECTION: Consent Calendar I ITEM: ~. TO: Honorable Mayor and City Council APPROVED 'FROM: Alan Tandy, City Manager DEPARTMENT HEAD ~ DATE: January 20, 2004 CITY ATTORNEY~~"~'"'"- SUBJECT: An Ordinance Amending Section 10.69.030 of the Bakersfield Municipal Code Relating to Special Events Application--Issuance-Fee (First Reading 1-14-04) RECOMMENDATION: Legislative and Litigation Committee recommends adoption of the Ordinance. BACKGROUND: The Ordinance was given first reading at the City Council meeting of January 14, 2004. At its meeting of December 15,'2003, the Legislative and Litigation Committee reviewed a staff proposal to amend Bakersfield Municipal Code Section 10.69.030 (A) which relates to special events. After discussion, the Legislative and Litigation Committee felt the request to extend the submission of the Special Events Application time frame to one year was justified. Consequently, the recommendation being made is to accept applications for permits under Section 10.69.030 (A) no less than ten days prior'~t0 the event nor more than one year prior to the event(instead of the current ninety day limitation). The Legislative and Litigation Committee recommends the amendment of Bakersfield Municipal Code Section 10.69.030 (A) to reflect the one year extension for submission of applications. January 21, 2004, 8:15AM P:\L&L~Admin Reports~ADM04-01-28-SpecialEventsApplications.doc .ORDINANCE NO. AN ORDINANCE AMENDING SECTION 10.69.030 OF THE BAKERSFIELD MUNI- CIPAL CODE RELATING TO SPECIAL, EVENTS APPLICATION-ISSUANCE-FEE BE IT ORDAINED by the Council of the City of Bakersfield as follows: · SECTION 1. Section 1'0.69.030 is hereby amended to read as follows: 10:69.030 - APplication-Issuance-Fee. A. Applications for permits under this section shall be made on forms furnished by the city manager or his designee, shall be submitted no less than ten days prior to the event nor more than one year prior to the event, shall be signed under penalty of perjury by an authorized representative of the applicant organization and shall require the following information: 1'. The name, mailing address, and telephone number of the organization applying for and conducting the special event and of the event chairman; 2. The name of the event, including names of each sponsoring or sanctioning organization; 3. · The route, if for an athletic race; 4. The proposed date and times; 5. Estimated completion time, if for an athletic race; 6. Estimated number of entrants or attendees; 7. Prior permits held by any named organization and whether such permits ~'..were ever revoked or suspended and the reasons therefor; 8. The business tax certificate number of the applicant organization, or letter granting tax-exempt status to the applicant organization; 9. For. races, the names, assigned locations and duties of all officials required to be at the special event as set forth in Section 10.69.040(c), and a description by which such officials may be identified; 10. Any rights-of-way which will need to be closed to the public. B. The application shall be accompanied by the following documents: 1. Evidence, satisfactory to the city manager or his designee, of (1) general liability insurance providing coverage on an occurrence basis for bodily injury, including death of one or more persons, property damage and personal injury, with limits as required by the city; and (2) workers' compensation, with statutory limits and employers liability insurance with limits as required by the City. All policies required of the applicant hereunder shall be primary insurance as to the. city, its mayor, council, officers, agentS, employees and volunteers and any insurance or self-insurance maintained by the city, its mayor, council, officers, Page 1 of 4 Pages agents, employees and volunteers shall be considered excess insurance, over and above the applicant's insurance and shall not contribute with it; 2. An agreement, signed by applicants, to save, hold harmless and indenmify the city, its officers, agents, employees and volunteers from all claims, demands, damages, judgments, Costs or expenses in law or equity that may at any time arise from or is any way related to any work performed by applicant, his agents or employees under the terms of any permit issued under this chapter; 3. Cash deposit in an amount acceptable to the city manager or his designee to insure payment of the costs of the city resulting from the event and to insure cleanup and restoration of the subject site; 4. A copy of the written instructions that will be prOvided to the required official at the special event. C. The applicant shall notify all business owners located adjaCent to any right-of- way which.will be cloSed for the event. Proof of written notice shall be submitted to the city manager or designee. D. The city manager or designee may, in his or her discretion, issue a permit if he finds: 1. That the application is complete and truthful; 2. That the applicant is adequately insured; 3. That the special event for which the application is made will be maintained and conducted in accordance with all federal, state and local laws; 4. That operation of such event at such location will not present any substantial hazard to vehicular or pedestrian traffic, nor impede the movement of emergency vehicles; 5. That no permit issued to the same applicant pursuant to this sectiOn has been revoked in the past three years, unless the city manager or his designee finds that the reasons for such revocation are unrelated to this application; 6. That the applicant has not had a permit, issued under this section, ~ revoked, unless the city manager or his designee finds that the reasons for such ' .~ revocation are unrelated to this application; 7. That the cOnduct of the event will not constitute an unreasonable burden on city employees or resources, nor create an Unreasonable disturbance to the neighboring areas; 8. That the event, if an athletic race, will move frOm its starting point to its finish line expeditiously; 9. That such event will not interfere with, or conflict With, another special event or parade for which a permit has been issued or for which no permit is required; and D. All permits issued pursuant to this chapter shall be valid only as to those dates, · times and locations listed on the permit, unless earlier suspended or revoked. E. At the time of filing an application for a permit, the applicant shall pay a fee not to exceed the reasonable cost of processing any such application as authorized by Chapter 3.70. The applicant shall also pay all the direct costs of the city, including, but not limited to, traffic control and police services prior to issuance of the permit. Page 2 of 4 Pages F. Permits may be issued with conditions to ensure that the event will be operated in a safe and legal manner, will not disturb the peace and quiet of the neighborhood and' will not'constitute an undue burden on city resourCes. (Ord. 3807 § 1 (part), 1997) 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. .......... oo0oo .......... Page 3 of 4 Pages I HEREBY CERTIFY that the foregoing Ordinance was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on , by the following vote: AYES: COUNCILMEMBER COUCH, CARSON, BENHAM, MAGGARD, HANSON, SULLIVAN, SALVAGGIO NOES: COUNClLMEMBER ABSTAIN: COUNCILMEMBER ABSENT: COUNCILMEMBER CITY CLERK and EX OFFICIO of the Council of the City of Bakersfield APPROVED By HARVEY L. HALL, Mayor CITY OF BAKERSFIELD APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney By: P:%&L\Ord.10-69-O30.SpecEvntS Page 4 of 4 Pages From: Trudy Slater To: Fraze, Ron; Gennaro, Ginny; Klimko, Greg; Matlock, Eric; Perkins, Cheryl Date: 1/22/2004 9:10:22 AM Subject: Legislative & Litigation Committee Items The next meeting of the Legislative and 'Litigation Committee is set for Monday, February 23, 2004, at 1:00 p.m. in the City Manager's Conference Room. Tentative agenda items include the following: Changes to the Guidelines for Fireworks Lottery Drawing (Ref000665) Street Corner Vendors Impacting Legitimate Businesses (Ref000666) Please let me know by Wednesday, February 18, if you have and what items you wish to be included in the Friday L&L packet. Staff recommendations going into the meetings are helpful in both review of and expeditious closure of issues referred to committee. CC: Fagot, Vicki; Parks, Jean; Tandy, Alan ADMINISTRATIVE REPORT MEETING DATE: January 14, 2004 AGENDA sEcTION: Consent Calendar ITEM: ~,~, TO: Honorable Mayor and City Council APPROVED FROM: Alan Tandy, City Manager DEPARTMENT HEAD DATE: January 5, 2004 CITY ATTORNEY CITY MANAGER SUBJECT: An Ordinance Amending Section 10.69.030 of the Bakersfield Municipal Code Relating to Special Events Application--Issuance-Fee RECOMMENDATION: Legislative and Litigation Committee recommends first reading of the Ordinance. BACKGROUND: At its meeting of December 15, 2003, the Legislative and Litigation Committee reviewed a staff proposal to amend Bakersfield Municipal Code Section 10.69.030.(A) which relates to special events. After discussion, the Legislative and Litigation Committee felt the request to e~tend the submission of the Special Events Application time frame to one year was justified. Consequently, the recommendation being made is to accept applications for permits under Section 10.69.030 (A) no less than ten days prior to the event nor more than one year prior to the event (instead of the current ninety day limitation). The Legislative and Litigation Committee recommends the amendment of Bakersfield Municipal Code Section 10.69.030 (A) to reflect the one year extension for submission of applications. January 5, 2004, 2:15PM P:~_&L~dm in Reports~ADM04-01-14-SpecialEventsApplications.doc ORDINANCE NO. AN ORDINANCE AMENDING SECTION 10.69.030 OF THE BAKERSFIELD MUNI- CIPAL CODE RELATING TO SPECIAL EVENTS APPLICATION--ISSUANCE--FEE BE IT ORDAINED by the Council of the City of Bakersfield as follows: SECTION 1. Section 10.69.,030 is herebY amended to read as follows: 10.69.030 - Application--Issuance-Fee. A. Applications for permits under this section shall be made on forms furnished by the city manager or his designee, shall be submitted no less than ten days prior to the event nor more than,'"="'-*,,,,,,....j dcyc one year prior to the event, shall be signed under penalty of perjury by an authorized representative of the applicant organization and shall require the following information: 1. The name, mailing address, and telephone number of the organization applying for and conducting the special event and of the event chairman; 2. The name of the event, including names of each sponsoring or sanctioning organization; 3. The route, if for an athletic race; 4. The proposed date and times; 5. Estimated completion time, if for an athletic race; 6. Estimated number of entrants or attendees; 7. Prior permits held by any named organization and whether such permits were ever revoked or suspended and the reasons therefor; 8. The business tax certificate number of the applicant organization, or letter granting tax-exempt status to the applicant organization; 9. For races, the names, assigned locations and duties of all officials required to be at the special event as set forth in Section 10.69.040(c), and a description by which such officials may be identified; 10. Any rights-of-way which will need to be closed to the public. B. The application shall be accompanied by the following documents: 1. Evidence, satisfactory to the city manager or his designee, of (1) general liability insurance providing coverage on an occurrence basis for bodily injury, including death of one or more persons, property damage and personal injury, with limits as required by the city; and (2) workers' compensation, with statutory limits and employers liability insurance with limits as required by the city. All policies required of the applicant hereunder shall be primary insurance as to the city, its mayor, council, officers, agents, employees and volunteers and any insurance or self-insurance maintained by the city, its mayor, council, officers, Page 1 of 4 Pages agents, employees and volunteers shall be considered excess insurance, over and above the applicant's insurance and shall not contribute with it; 2. An agreement, signed by applicants, to save, hold harmless and indenmify the city, its officers, agents, employees and volunteers from all claims, demands, damages, judgments, costs or expenses in law or equity that may at any time arise from or is any way related to any work performed by applicant, his agents or employees under the terms of any permit, issued under this chapter; 3. Cash deposit in an amount acceptable to the city manager or his designee to insure payment of the costs of the city resulting from the event and to insure cleanup and restoration of the subject site; 4.' A copy of the written instructions that will be provided to the required official at the special event. C. The applicant shall notify all business owners located adjacent to any right-of- way which will be closed for the event. Proof of written notice shall be submitted to the city manager or designee. D. The city manager or designee may, in his or her discretion, issue a permit if he finds: 1. That the application is complete and truthful; 2. That the applicant is adequately insured; 3. That the special event for which the application is made will be maintained and conducted in accordance with all federal, state and local laws; 4. That operation of such event at such location will not present any substantial hazard to vehicular or pedestrian traffic, nor impede the movement of emergency vehicles; 5. That no permit issued to the same applicant pursuant to this section has been revoked in the past three years, unless the city manager or his designee finds that the reasons for such revocation are unrelated to this application; 6. That the applicant has not had a permit, issued under this section, revoked, unless the city manager or his designee finds that the reasons for such revocation are unrelated to this application; 7. That the conduct of the event will not constitute an unreasonable burden on city employees or resources, nor create an unreasonable disturbance to the neighboring areas; 8. That the event, if an athletic race, will move from its starting point to its finish line expeditiously; 9. That such event will not interfere with, or conflict with, another special event or parade for which a permit has been issued or for which no permit is required; and D. All permits issued pursuant to this chapter shall be valid only as to those dates, times and locations listed on the permit, unless earlier suspended or revoked. E. At the time of filing an application for a permit, the applicant shall pay a fee not to exceed the reasonable cost of processing anY such application as authorized by Chapter 3.70. The applicant shall also pay all the direct costs of the city, including, but not limited to, traffic control and police services prior to issuance of the permit. Page 2 of 4 Pages F. Permits may be issued with conditions to ensure that the event will be operated in a safe and legal manner, will not disturb the peace and quiet of the neighborhood and will not constitute an undue burden on city resources. (Ord. 3807 § 1 (part), 1997) 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. .......... oo0oo .......... Page 3 of 4 Pages I HEREBY CERTIFY that the foregoing Ordinance was passed and adopted bY the Council of the City of Bakersfield at a regular meeting thereof held on ., by the following vote: AYES: COUNCILMEMBER COUCH, CARSON, BENHAM, MAGGARD, HANSON, SULUVAN, SALVAGGIO NOES: COUNClLMEMBER ABSTAIN: COUNClLMEMBER. ABSENT: COUNClLMEMBER CITY CLERK and EX OFFICIO of the Council of the City of Bakersfield APPROVED By HARVEY L. HALL, Mayor CiTY OF BAKERSFIELD APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney By: P:%&L\Ord.10-69-030-SpecEvnts Page 4 of 4 Pages B AK E R S FI EL D OFFICE OF THE CITY COUNCIL JANUARY 12, 2004 TO: - HONORABLE MAYOR AND CITY COUNCIL DEPARTMENT HEADS LEGISLATIVE AND LITIGATION COMMITTEE SUBJECT: 2004 LEGISLA~VE PLATFORM As pa~ of its annual review of the Ci~s Legislative Platform, the Legislative and Litigation Commi~ee asks for input from Ci~ elected officials and depa~ment heads about legislative concerns which need to be reflected in the upcoming yeaFs Legislative Platform. As Chair of the Legislative and Litigation Commi~ee, I am seeking your review and comments of the current Legislative Platform for suggestions for the 2004 Legislative Platform. The current (2003) Legislative Platform is a~ached for your convenience. Please review it and make any comments you feel are impo~ant to keep the Platform up-to- date, especially given current and changing fiscal conditions. Your returned comments will be compiled for Legislative and Litigation Commi~ee review and recommendation to Council foraction. .~-' ~.. -. Please let Administrative Analyst Trudy Slater have your comments by Friday, Februa~ 13, 2004, for review at the Legislative and Litigation CommiEee of Februa~ 23. If you have any questions, please contact Ms. Slater at 326-3769. P:~L~laffo~04~1121-Plaffo~ cc: Alan. Tandy, Ci~ Manager AEachment: 2003 Legislative Platform CITY OF BAKERSFIELD 2003 LEGISLATIVE PLATFORM THE CITY OF BAKERSFIELD PROVIDES GOVERNMENTAL DECISION MAKING AT THE LEVEL CLOSEST TO THE PEOPLE. THEREFORE, IT IS INCUMBENT UPON ITS ELECTED OFFICIALS TO PROVIDE LEGISLATIVE LEADERSHIP ON ISSUES WHICH POTENTIALLY COULD IMPACT THE CITY OF BAKERSFIELD. THE FOLLOWING POLICY STATEMENTS REFLECT THE LEGISLATIVE PLATFORM OF THE CITY OF BAKERSFIELD FOR 2003. .GENERAL POLICY STATEMENTS SUPPORT LEGISLATION WHICH ENHANCES THE CITY'S FISCAL AUTONOMY AND CHARTER CITY STATUS TO ALLOW DISCRETIONARY AUTHORITY OVER LOCAL, STATE AND/OR FEDERALLY MANDATED PROGRAMS. SUPPORT LEGISLATION WHICH PROVIDES FOR GOVERNMENTAL DECISION MAKING AT THE LEVEL CLOSEST TO THE PEOPLE WHENEVER 'IT IS MOST LIKELY TO PRODUCE THE MOST EFFECTIVE AND EFFICIENT RESULT. SUPPORT LEGISLATION WHICH MAINTAINS AND/OR ENHANCES THE CITY'S LAND USE DECISION-MAKING AUTHORITY. SUPPORT LEGISLATION WHICH FOSTERS .MUTUALLY ACCEPTABLE METHODS FOR CITIES AND COUNTIES AND OTHER PUBLIC AGENCIES TO WORK TOGETHER TO SOLVE ISSUES OF LOCAL CONCERN. SUPPORT LEGISLATION WHICH MAINTAINS THE PROVISION OF ESSENTIAL PUBLIC UTILITY SERVICES (E.G., ELECTRICITY, NATURAL GAS, WATER) IN A COST-EFFECTIVE MANNER. OPPOSE LEGISLATION WHICH ALLOWS STATE OR FEDERAL CONTROL OVER AND USE OF TRADITIONAL. MUNICIPAL GOVERNMENT REVENUE SOURCES. · OPPOSE LEGISLATION WHICH SHIFTS TO THE STATE OR FEDERAL GOVERNMENT CONTROL OVER TRADITIONAL MUNICIPAL AFFAIRS. ' OPPOSE LEGISLATION WHICH DETRIMENTALLY IMPACTS THE LOCAL ECONOMY. OPPOSE LEGISLATION THAT PLACES GOVERNMENT AGENCIES IN COMPETITION FOR LIMITED FISCAL RESOURCES OR ENCOURAGES SHIFTING OF SERVICE RESPONSIBILITY WITHOUT PROVIDING ADEQUATE FUNDING. Page 1 of 3 .QUALITY OF LIF; SUPPORT LEGISLATION WHICH PROMOTES SAFE, EFFICIENT, COST EFFECTIVE, AND RESPONSIBLE MANAGEMENT OF THE ENVIRONMENTAL COMPONENTS OF ISSUES SUCH AS URBAN DEVELOPMENT, AIR QUALITY, WATER QUALITY, TRANSPORTATION, WASTEWATER TREATMENT, AND SOLID WASTE MANAGEMENT. SUPPORT LEGISLATION WHICH INCREASES CITY pARTIcIPATiON AND REPRESENTATION IN COUNTY, STATE AND FEDERAL ISSUES OF REGIONAL CONCERN. SUPPORT LEGISLATION WHICH PROVIDES INCREASED. FUNDING OF CULTURAL, RECREATION AND OPEN SPACE PROGRAMS. SUPPORT LEGISLATION WHICH'PROVIDES APPROPRIATE CITY OF BAKERSFIELD REPRESENTATION ON POLICY-MAKING BODIES WITH INTERJURISDICTIONAL POWERS (E.G., THE LOCAL AGENCY FORMATION COMMISSION, THE COUNCIL OF GOVERNMENTS, AND THE KERN COUNTY WATER AGENCY'S IMPROVEMENT DISTRICT #4). SUPPORT LEGISLATION WHICH PROVIDES APPROPRIATE FUNDING MECHANISMS FOR THE PROVISION OF LOCAL PUBLIC SAFETY SERVICES. OPPOSE LEGISLATION WHICH INCREASES THE COST OF OR ENDANGERS THE CLEAN, RELIABLE SOURCE OF WATER AVAILABLE TO THE CITY FROM THE KERN RIVER. .GENERAL GOVERNMENT SUPPORT LEGISLATION WHICH EXPANDS THE CITY'S ABILITY TO DEAL ON A STATE LEVEL WITH STATE-MANDATED ISSUES AFFECTING THE FINANCIAL CONDITION OF THE CITY. SUPPORT LEGISLATION WHICH ENHANCES MUNICIPAL CONTROL OVER PROGRAM SCOPE, IMPLEMENTATION, AND FUNDING. .. SUPPORT LEGISLATION WHICH PROVIDES FOR EQUITABLE DISTRIBUTION OF STATE FUNDS FOR CITY PROGRAMSi ' SUPPORT LEGISLATION OR A CONSTITUTIONAL AMENDMENT THAT RETURNS LOCAL GOVERNMENT REVENUES PREVIOUSLY CAPTURED BY THE STATE AND. LIMITS THE STATE'S AUTHORITY TO ACCESS REVENUES WHICH TRADITIONALLY FUND CITY SERVICES INCLUDING BUT NOT LIMITED TO PROPERTY TAX, VEHICLE LICENSE FEES, AND SALES TAX. SUPPORT LEGISLATION WHICH CONSOLIDATES SPECIAL DISTRICTS WITH OVERLAPPING JURISDICTIONS AND/OR RESPONSIBILITIES WHERE SUCH CONSOLIDATION IS CLEARLY OF BENEFIT TO THE CITY. OPPOSE LEGISLATION WHICH INTRUDES INTO THE CITY'S COLLECTIVE BARGAINING PROCESS AND RIGHTS. Page 2 of 3 FINANCES SUPPORT LEGISLATION WHICH ADVOCATES REsPoNSiBLE AND REASONABLE STATE- MANDATED PROGRAMS IF REVENUES RE PROVIDED AND SUCH LEGISLATION IS 'OF CLEAR BENEFIT TO THE CITY. SUPPORT LEGISLATION WHICH PROMOTES CONTINUED DIVERSIFICATION OF THE LOCAL ECONOMY. SUPPORT LEGISLATION WHICH REDUCES THE NEGATIVE FINANCIAL AND OPERATIONAL IMPACTS OF TAX INCREMENT FINANCING ON AFFECTED AGENCIES, SOPPORT LEGISLATION WHICH IMPROVES CITY GOVERNMENT'S ABILITY TO FINANCE -DISCRETIONARY PROGRAMs,. SUPPORT LEGISLATION WHICH ENHANCES THE CITY'S ABILITY TO FUND ITS CAPITAL INFRASTRUCTURE NEEDS, SUPPORT LEGISLATION WHICH PROMOTES THE USE OF LOCAL BANKS WHERE POSSIBLE AND LOCAL BRANCHES OF NATIONAL BANKS AND FINANCIAL INSTITUTIONS FOR CITY INVESTMENT, OPPOSE THE IMPOSITION OF FEES AT THE MUNICIPAL LEVEL TO FUND STATE PROGRAMS NOT RELATED TO MUNICIPAL MATTERS. Page 3 of 3