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Home My WebLink About1997 BAKERSFIELD CITY MANAGER'S OFFICE MEMORANDUM November 18, 1997 TO: LEGISLATIVE & LITIGATION COMMITTEE FROM: TRUDy SLATER, ADMINISTRATIVE/~~ ~-~~ A Legislative and Litigation Committee meeting is scheduled for 4:00 p.m. on Thursday, December 11, 1997 in the City Manager's conference room. Please note this is a half hour earlier than the normally scheduled meeting time. At the last committee meeting, you asked staff to forward suggestions from the existing Vicious and Dangerous Animals Administrative Review Board regarding guidelines for appointment. The VDA Board met on November 12, 1997, and its recommendations are attached. The board is aware that Legislative and Litigation members will analyze pertinent information and forward the Committee's recommendations to the Council for action. I have also attached a brief history of the VDA Administrative Review Board as well as information on existing City Council appointment requirements for various boards and commissions. Official meeting notices will go out at the appropriate time. Please let me know if you have any questions. (P:\L&L\M 1118971) Attachments cc: Mayor and City Council Alan Tandy, City Manager Judy Skousen, City Attorney Walter J. Porr, Jr., Assistant City Attorney Recommendations to the Legislative and Litigation Committee from the Vicious and Dangerous Animals Administrative Review Board Regarding Guidelines for Appointment The following are recommendations to the Legislative and Litigation Committee from the Vicious and Dangerous Animals Administrative Review Board regarding guidelines for appointment for future board members. These recommendations are the result of discussion and concurrence at the Board's meeting of November 12, 1997. A. The board recommends two-year staggered terms. It is also recommended that the first board be divided, with three members being appointed for three years and two members appointed for two years. Thereafter, terms would be staggered, with all appointments made for two years. B. It is recommended that the Health Officer, who is knowledgeable in the area of animals and/or animal control, as well as familiar with veterinary associations, humane societies and other animal control agencies, solicit and make nominations to the City Council for appointment to the Vicious and Dangerous Animals Administrative Review Board. C. The board recommends the Committee ask Council to add a condition for Council removal of members from the board "for just cause." D. It is recommended that the Committee ask Council to add appropriate wording which would reflect the scope of the VDA's appellate authority and that the VDA review board's decisions are final. (P:\S PCA\VDA~RECOM.VVPD) 11-12-97 Brief History of the Vicious or Dangerous Animals Administrative Review Board The Vicious or Dangerous Animals Administrative Review Board, according to Section 6.04.110 (E) of the Bakersfield Municipal Code, is a five-member administrative review board appointed by the City Council whose members should be familiar with animals and/or animal control. VVhenever practical, the City Council is to appoint at least two members from veterinary associations, humane societies or animal control agencies other than the one holding the City animal control contract. The board meets to review appeals of Vicious Animals Orders issued by the health officer, whose functions are performed by the SPCA's Executive Director, through the SPCA animal control contract with the city. The formation of the five-member City Council-appointed board occurred at the City Council meeting of May 7, 1997. On August 20, 1997 Council appointed a temporary board to serve until the end of the year in order to respond to an appeal which had been filed against a Vicious Animal Order. At the same time the Council appointed the temporary board, the Legislative and Litigation Committee was directed to review and recommend guidelines for appointment of a permanent board. Such review could include how appointed, length of terms, staggering of board member terms, residency requirements, and other issues regarding recruitment of board members. The VDA board was created in 1991 when the ordinance establishing the Board was first adopted. Appointments to the board were made by the Health Officer. Practice has been to hold one annual meeting and to meet at other times as needed to respond to Vicious Animal Order appeals. Terms were staggered and were for three years. The temporary VDA board members appointed by the City Council have all served on the original board. (P:\L&L~M1106972) City Council Appointment Requirements for Various Boards and Commissions Board or Commission Requirements Board of Building Appeals Members are nominated and appointed by the full Council and qualified by training and experience in building construction or the building trades. Members serve at the pleasure of the Council and must be residents of the City of Bakersfield. No terms are specified. Board of Zoning Adjustment Members are nominated and appointed to three-year terms by the full Council and selected on the basis of one member each from Public Works, Building, and the City Attorney. Central District Development Agency Members are nominated by the Mayor and confirmed by the full Council. Members must be residents of the City of Bakersfield throughout their four- year term. Citizens Community Services Advisory Committee Members are nominated by a Councilmember of each ward and confirmed by the full Council. They must be residents of the City throughout their four-year term. Community Advisory Council Members are appointed by the City Council and must be residents of the Southeast Metropolitan Bakersfield Employment City of Bakersfield throughout their terms. All appointees serve one-year and Economic Incentive Area terms, effective January 1 of each year. Fair Housing Advisory Committee Members are appointed to two-year terms by the Board of Supervisors and confirmed by the City Council. City Council Appointment Requirements for Various Boards and Commissions Page 2 Board or Commission Requirements Fire Civil Service Board Members are nominated and appointed by the full Council and must be residents of the City of Bakersfield throughout their three-year terms. They must have no connection to City government. Golden Empire Transit District City representatives are nominated and appointed by the full Council and must be residents of the City of Bakersfield throughout their four-year terms. Handicapped Access Appeals Board Members are nominated and appointed by the full Council. No terms are specified. Historic Preservation Commission Members are nominated by MayodCouncilmembers and confirmed by the full Council. They must be residents of the City of Bakersfield, but not a specific Ward, throughout their four-year term. Kern Council of Governments (KernCog) City representatives are nominated and appointed by the full Council. Kern Economic Development Corporation City representatives are nominated and appointed by the full Council. No terms are specified. Kern Mosquito and Vector Control District One member is nominated and appointed by the Council of each City, is an elector of that City, and a resident of that portion of the City which is in the KMVCD throughout his/her two-year term. City Council Appointment Requirements for Various Boards and Commissions Page 3 Board or Commission Requirements Local Agency Formation Commission City representatives are appointed to four-year terms by the City Selection Committee. Miscellaneous Civil Service Board Members are nominated and appointed by the full Council and must be residents of the City of Bakersfield throughout the three-year term. They must have no connection with City government. Planning Commission Members are nominated and appointed by the full Council and must be residents of the City of Bakersfield throughout their four-year terms (alternate one-year). Police Civil Service Board Members are nominated and appointed by the full Council and must be residents of the City of Bakersfield throughout their three-year terms. They must have no connection with City government. Public Facilities Corporation Members are nominated and appointed by the full Council and must be residents of the City of Bakersfield throughout their two-year terms. Solid Waste Management Advisory Committee/ Membership is determined by the Board of Supervisors and the City Local Task Force Council. No terms are specified. Water Board Members are appointed by the full Council. No terms are specified. (P:~L&L~v11002972) BAKERSFIELD CITY MANAGER'S OFFICE MEMORANDUM September 26, 1997 TO: LEGISLATIVE & LITIGATION COMMITTEE FROM: TRUDY SLATER, ADMINISTRATIVE~ ~ ~ VIA: ALAN TANDY, CITY MANAGER ~ SUBJECT: POSITIONS ON PROPOSED RESOLUTIOI $ FOR LEAGUE OF CALIFORNIA CITIES ANNUAL CONFEREI ICE A tentative Legislative and Litigation Committee meeting has been scheduled for ._T_hursday, October-2; at 4:30 p.m. in the City Manager's Office to discuss two items. The first item deals with the City's position on the resolutions being proposed for the League of California Cities annual conference. The Committee must take action on the proposals and forward the resulting recommendations to the Council at its October 8 meeting in order for the Council to be able to give direction to the City's Voting Delegate. Recommendations received from department heads concerning individual resolutions are attached. The second item involves guidelines for the appointment of individuals to the Council's Vicious and Dangerous Animals Administrative Review Board (VDA). The Council's appointment of the temporary board will expire at the end of this year and guidelines are needed for a replacement process. The VDA board normally schedules a meeting during October, and one of its agenda items will be recommendations regarding guidelines and operations. If you have any questions, please let me know. Formal noticing procedures will be followed when the committee meeting time is confirmed. (P:\L&L\M0926971) Attachments cc: Alan Tandy, City Manager Mayor and City Council League of California Cities Proposed Resolutions Annual Conference, October 12-14, 1997 RESOLUTION NUMBER/ Prelim Poi Dept Leg & Lit Council Comments DESCRIPTION: Approve (A); Com Head Position Position Disapprove (D); No Action (N); Position Position Approve as Amended (Aa) 1. Election of Policy D Committee Chairs and Vice Chairs 2. Open and Equal D Participation on All Resolutions at Annual Conference 3. Drug Free Zones Aa 4. State Funding for the Aa Arts 5. Transitional Housing Poi Corn A for Elder Abuse rec at Victims 10-12 mtg (P:\L&L\EXHBA-2) Annual Conference Resolutions Page 2 RESOLUTION NUMBER/ Prelim Poi Dept Leg & Lit Council Comments DESCRIPTION: Approve (A); Com Head Position Position Disapprove (D); No Action (N); Position Position Approve as Amended (Aa) 6. Solid Waste Aa Adjustment Methodology 7. Revision of Southern Poi Com California Association rec at of Governments 10-12 mtg (SCAG) Policies 8. Beneficial Use of Aa Biosolids 9. Beverage Container Aa Recycling Program (P:\L&L\EXHBA-2) Annual Conference Resolutions Page 3 RESOLUTION NUMBER/ Prelim Poi Dept Leg & Lit Council Comments DESCRIPTION: Approve (A); Com Head Position Position Disapprove (D); No Action (N); Position Position Approve as Amended (Aa) 10. Pollution Controls on A N National and International Sources 11. Corporate Average Aa Fuel Economy (CAFE) Standards t2. Stormwater Runoff Aa N 13. Maintenance and A N Operating Costs for Environmental Projects 14. Electric Utility Poi Com N Restructuring rec at 10-12 mtg (P:\L&L\EXHBA-2) Annual Conference Resolutions Page 4 RESOLUTION NUMBER/ Prelim Poi Dept Leg & Lit Council Comments DESCRIPTION: Approve (A); Com Head Position Position Disapprove (D); No Action (N); Position Position Approve as Amended (Aa) 15. Amortization of Pole Ra A Signs 16. Personal Wireless Aa A Service Facilities 17. Impact of Deportable Aa Criminals on Local Government 18. Emergency Medical Poi Com N Services rec at 10-12 mtg 19. Shopping Cart Aa A Retrieval 20. Drug and Alcohol Aa Rehabilitation Programs (P:\L&L\EXHBA-2) Annual Conference Resolutions Page RESOLUTION NUMBER/ Prelim Poi Dept Leg & Lit Council Comments DESCRIPTION: Approve (A); Com Head Position Position Disapprove (D); No Action (N); Position Position Approve as Amended (Aa) 21. Elimination of All Withdrawn Nuclear Weapons by Sponsor 22. Local Government Aa Aa Funding Structure 23. Property Tax Aa Aa Administration Fees 24. Return of Property D D Tax Revenue 25. ISTEA A A Reauthorization (P:\L&L\EXHBA-2) BAKERSFIELD CITY MANAGER'S OFFICE MEMORANDUM JUNE 23, 1997 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: LEGISLATIVE AND LITIGATION COMMITTEE SUBJECT: LEGISLATIVE AND LITIGATION COMMITTEE REPORT #1-97 REGARDING PERMIT FEES FOR THE JULY 4, 1997 FIRST ANNUAL LAKEVIEW FESTIVAL (CITY COUNCIL MEETING OF JUNE 25, 1997) At the Legislative and Litigation Committee meeting of June 23, 1997, the applicant, Mr. Wesley Crawford, withdrew his request to have the City of Bakersfield waive the fees in connection with his proposed First Annual Lakeview Festival on July 4, 1997. Therefore, no action needs to be taken on this item. (P:\L&L\M0623972) cc: Alan Tandy, City Manager Judy Skousen, City Attorney BAKERSFIELD CALIFORNIA Apdl 25, 1997 Mr. Bob Orr Chief Financial Officer CITY COUNCIL Good Samaritan Hospital 901 Olive Drive Bob Price Bakersfield, CA 93308 Mayor Dear Mr. Om Randy Rowles Vice-Mayor Wards On April 10, the Legislative and Litigation Committee of the City of Bakersfield met to discuss your March 26, 1997 request for support Irma Carson for AB 1150, a bill requiring the State Department of Health Services to Wardl recalculate Good Samaritan resubmittals for charges incurred by the hospital for the 1995-96 disproportionate share hospital payment Patricia DeMond qualification pedod. Ward .2 Patricia Smith Since March 26, there have been a number of changes in Ward3 AB 1150, including placing the information relating to Good Samaritan Hospital instead in AB 147. At the time the Committee met, the "Good Kevin McDermott Sam" bill was in a state of fiux causing the Committee to be concemed Ward4 that action taken by the City Council would be premature. In addition, Jacquie Sullivan the Committee understood that no official County action on the bill had Ward6 as yet been taken. Mark Salvaggio As a result, the Committee has directed staff to continue WardZ monitoring the bill, which it feels is more directly a County rather than City issue. We appreciate your bringing our attention to the issue and wish you well in Good Samaritan's efforts to provide quality services to the Greater Bakersfield community. Sincerely, '3, Jacquie Sullivan, Chair Legislative and Litigation Committee (M0425972) cc: Honorable Mayor and City Council Alan Tandy, City Manager Trudy Slater, Administrative Analyst 1501 Tmxtun Avenue · Bakersfield, California 93301 ° (805) 326-3767 · Fax (805) 323-3780 M E M ORA N D U February 24, 1997. TO: HONORABLE MAYOR AND COUNCILMEMBER~., FROM: Judy K. Skousen~ City Attorney SUBJECT: REQUEST "BIOLOGICAL WEAPONS ON Recen'dy,.'Mr. John ~ll spoke meeting regarding his concerns that the Federal .. biological testing*on citizens without their Legislation and Litigation Committee. Each my office prepared for that meeting. Unfortunately, meeting and thus was unable to fully explain Committee directed ~ off'~e to contact Mr. Campbell determine if his concerns had been addressed. is available in my office for your review if you so government is conducting such testing without the Therefore, he is requesting that the City Council employees to immedietely contact the City Council Federal government is or.will be conducting chemical in the city limits. If you desire further action from our office LC~bLff Attachments- cc: Alan Tandy, City Manager