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HomeMy WebLinkAbout03/15/1993 BAKERSFIELD Patricia M. Smith, Chair Patricia J. DeMond Lynn Edwards Staff: Trudy Slater Larry Lunardini AGENDA LEGISLATIVE AND LITIGATION COMMITTEE Monday, March 15, 1993 12:00 noon City Manager's Conference Room 1. Graffiti C 2. Smoking (Guest Mitch Van Wormer, Manager Red Lion Inn and President of the Local Chapter, Innkeepers Association) ~ 3. Retaining Local Control in Government 4. Council Procedures 5. Campaign Contributions 6. Set Next Meeting PD 64-2759 MEMORANDUM ,~ March 10, 1993 TO A~A~ TANDY - City Manager ~ , FR©M STEVE BRUMMER - Police Chief SUBJECT PROPOSED GRAFFITI ORDINANCE The attached draft represents a proposed city ordinance for graffiti enforce- ment and abatement. The ordinance was prepared by police department staff after extensive research of ordinances in selected California cities. The section entitled, "Display of Aerosol Spray Paint Containers and Marker Pens" is taken verbatim from the Los Angeles ordinance, which has withstood a recent court challenge. Section C of the "Removal" provision cites existing Municipal Code Sections 8.27.010 E and 8.80. These sections are also attached for your review. SB:sml cc: Larry Lunardini Jake Wager Purpose. The purpose of this ordinance is to provide for the prompt abatement of graffiti from public and private properties in the City; to provide for methods of controlling'the sale to and the use of aerosol paint containers and wide tipped.marker pens by minors; and to encourage citizens to report occurrences .of graffiti vandalism within the City. Due to the increase-of graffiti vandalism on both. public and private property, a condition has arisen within the City which has' resulted in a deterioration of property values and concern for the qualit~ of life of the City's citizens. The City council finds and determines that graffiti constitutes a public nuisance which, left unabated, affects the City's image, business development, retail sales, and residential housing costs. Allowing graffiti to remain' on public or private property encourages additional unacceptable occurrences of graffiti, fuels fear among the community and is a factor which not only depreciates the value of the property which has been the target of such vandalism, but also depreciates the value of adjacent and surrounding properties. The purpose-of this ordinance is, therefore, to minimize the impact which graffiti has on the City's quality of life, economic stability, environmental image, aesthetic standard, and the overall sense of feeling of safety and Security of its citizens. Because the existence of graffiti tends to breed community discontent and criminal and gang related activities, the ordinance will serve to mitigate these 'problems through quick removal and control of graffiti vandalism. Graffiti Defined. Graffiti .is defined as, but not limited to, an unauthorized inscription, word, figure, design, writing or picture which is marked, etched, scratched, drawn or painted upon any public property or any structure, wall, fence, sidewalk, sign, public utility box, or any structural component of any building, bridge, structure or any facility in public view to any person utilizing any public street in .the City of Bakersfield, including but not limited to any roadway, parkway, sidewalk or alley. Sale' of Aerosol Paint Containers Or Wide Tipped Marker Pens To Minors. It shall be unlawful for any person to sell, offer to sell or cause to be sold, any aerosol or pressurized container of paint or any wide tipped marker pen exceeding four (4) millimeters in width, containing anything other than a solution which can be removed with water when dry, to any person under the age of eighteen (18) years who is not accompanied by a responsible adult. Possession By Minors. It is Unlawful for any individual Under the age of eighteen (18) years, who is in a public place or on private property, without the consent of the owner, tenant or operator thereon, and who is not accompanied by a responsible adult, to possess an aerosol or pressurized container of paint or marker pens with tips exceeding four (4) millimeters in width. Display Of Aerosol Spray Paint Containers ~md Ma~kerPen~. Every person who owns, conducts, operates or manages a retail jcommercial establishment selling aerosol paint containers or marker pens with the tips exceeding four (4) millimeters in width, containing anything other than a solution which can be removed with water after it dries, shall store or cause such aerosol paint containers or marker pens to be stored in an area viewable by, but not accessible to the public in the regular course of business' without employee assistance, pending legal sale or disposition of such marker pens or paint containers. Signs Required. Any person engaged in the retail sale of aerosol or pressurized containers of paint or wide tipped marker pens exceeding four (4) millimeters in width, containing'anything other than a solution which can be ~emoved with water when dry, shall display at the location of retail sales a sign clearly.visible and legible to employees and customers which states as follows: "It is unlawful for any person to sell, lend or give to an individual.under the age Of eighteen (18) years, who is not accompanied by a responsible adult, an aerosol or pressurized container of paint." and/or: "It is unlawful for any person to sell, lend or give. to any'individual under the.age of eighteen (18) years, who is not accompanied by a responsible adult., a wide tipped marker pen exceeding four (4) millimeters in width containing anything other than a solution which canbe removed with water when dry." Removal. · A. General. Any person applying graffiti within the City shall have the duty to remove same in a manner approved by the City and the property owner within twenty-four (24) hours after notice by the City. or public or private owner of the property involved. Failure of any person to so remove graffiti shall constitute an additional violation of this chapter. Consistent with Civil Code Section 1714.1, where graffiti is applied bY minors, the parent or guardian shall be responsible for such removal or payment of costs. thereof. B. Public Property. Whenever the Director of Public Works or his designated representative determines that graffiti exists upon property owned by the City, it shall be removed as soon as' possible. When the property is owned by a public entity other than the City, the removal of the'graffiti may be authorized by the Director of Economic Development Or'his representative, and removal undertaken by the City only after securing written' consent of the public entity having jurisdiction over the property. The public entity will execute a release and waiver as approved by the City's Risk Manager. C. Notice of Affected Area~ Requirements to Remove Graffiti. Procedures for the abatement of graffiti from private property will be followed as outlined in Section 8.80 of the .Bakersfield Municipal Code. Responsibility. Any individual who is found guilty of violating section (see Removal (A)) of this ordinance shall pay restitution to the property owner,, in addition to authorized penalties. If .the violator is a minor, the parent or guardian shall be responsible for payment of restitution. If unable to pay, the juvenile may be permitted to work off his/her payment under the direction of at least one parent by painting out any graffiti. Penalties. A. It shall be unlawful and a misdemeanor to apply graffiti on any pr'emises as described herein. Notwithstanding the classification of a' violation of the Article as a misdemeanor, at the time an action is commenced to enforce the provisions of this Article, the trial court, upon recommendation of the prosecuting attorney, may reduce the Charged offense from a misdemeanor to an infraction. B. It shall be unlawfUl and an infracUion for a minor to possess any aerosol paint container or wide tipped marker pen as described herein in violation of section (see Possession By Minors). C. Any person convicted of a misdemeanor under this Article shall be punished 'by (1)a fine not to exceed Five Hundred Dollars ($500.00) and/or thirty (30) days in the County Jail for a first violation; (2) a fine not to exceed One Thousand Dollars ($1,000.00) and/or ninety (90) days in the County Jail for a second violation of this Article within one (1) Year; and (3) a fine. not to exceed Two Thousand Five Hundred Dollars ($2,500.00) and/or six (6) months in the County Jail for each additional violation of the Article within one (1) year. D. Any person convicted of an infraction under this Article Shall' be punished by (1) a fine not to exceed Fifty Dollars ($50.00) for a first violation; (2) a fine not to exceed One Hundred Dollars ($100.00) for the second violation of this.Article within one (1) year; and (3) a fine not to exceed Two Hundred Fifty Dollars ($250.00) for each additional violation of this Article within one (1) year. Each day that a violation continues shall be regarded as a new and separate offense. Alternatives. Nothing in the foregoing sections shall be deemed to prevent the City from commencing.a civil or criminal proceeding to abate a public nuisance under applicable Civil or Penal Code provisions as an alternative to the proceedings set forth herein. Reward. The City of Bakersfield may provide rewards of up to Five Hundred Dollars ($500.00) for information which leads to the arrest and conviction of graffiti vandals, As part of this incentive, the Economic Development Department may establish, publicize, and maintain a "graffiti hotline" for citizens, to utilize'to report this nuisance. Severabilit¥. ~ It is declared to be the intention of the City Council that the subsections, paragraphs, sentences, clauses and phrases of this Section form an interrelated program for dealing with the problem of graffiti and vandalism within the City, but that Such subsections, paragraphs, sentences, clauses and phrases are distinct and severable and, in the event that any subsections, paragraphs, clauses and phrases are declared unconstitutional, invali~ or unenforceable by any court of competent jurisdiction, such unconstitutionality, invalidity or unenforceabilityshall not affect any of the remaining subsections, paragraphs, clauses' or phrases of this Section. 8.2~4.010--$.27.010 assessments. 8.24.040 ~ Violation--Penalty. [ (Ord. 3435 § 6, 1992: Ord. 2603 § 1 (part), 1980: Any person, firm, or corporation who, as. ~-- . prior code § 8.84.150). principal, agent, Contractor, subcontractor, officer, servant or employee, for himself or itself or for. Chapter 8.24 any other person, or for any finn or corporation, · or for any officer or department of the city, or for TERMITE-INFESTED WOOD any school district, school board, board' of education, or public, quasipublic or political Sections: corporation or body, except the United States of 8.24.010 Apl)licability. America, or who by agent, contractor. .. 8.24.020 Sale or storage prohibited, subcontractor, servant or employee, violates or 8.24.030 Transport except for disposal refuses to comply with any of the provisions of prohibited, this chapter, shall be punished as set forth in 8.24.040 Violation~Penalty. general penalty provision Section 1.40.010. (Ord. 3431 § 1, 1992: prior code §§ 10.50.040, 8.24.010 Applicability. 10.50.050). The provisions of tim chapter are specifically declared to apply to, govern and control the vari- Chapter 8.27 ous departments and officers of the city, any school disu'ict, school board, board of education PROPERTY MAINTENANCE or any public, q-aq~public or political corpora- tion or body; their agents or representatives, Sections: exert thc umted Statez of America, within thc 8.27.010 1Wtalntenance of property-- city. (Prior code § 10.50.030). Violation of specified standards. 8.27.020 Enforcement. 8.24.020 Sale or storage prohibited. 8.27.030 Abatement. It is uniawfi.fl for any ~n, firm or corpora- tion to seil. offer for sale, give away or store 8.27.010 Maintenance of propertT-- within the city any wood, lumber, logs, poles, Violation of sl~.,dfied standards. sawdust or other material infested with term/tea It is uniawfifl and h declared a public nuisance or white ants. (Prior code § 10.50.010). for ally per,on owning, leasing, occupying or having chax~ or possession of any propertT in 8.24.030 Transport except for disposal the dry to maintain such .l~Opm.~. in such man- prohibited, ncr that any of the following conditions exist It is untawfial for any person, firm or corpora- thereon, excc~ as may be allowed by Tide 17 of tion to transport within the city any wood, thi_~ code: lumber, log.~, pole~, sawdust or other material A. Any buffeting or structure which l'ms been infested with termites or white ants unle~ wood. partially destroyed for at. least six months to the lumber, logs. pole~ sawdust or other material extent of more than twenty-five percent of the infe~ed with termites orwhite ants is being trans- value of the buffdin$ as it appears on the current ported to.the city. dump'or other approved place tax ass~sor's roll or left in an um'e~nable state for burning (Prior code § 10.50.020), of partial construction. Forpurpose~ offlai~ chap tm'. "left in an unreasonable state of partial con- struc:ion" means left. after initiation of (Bakenfielct 3-92) ' 316 8.27.020m8.27.030 construction, for a period of one year or more H. Lumber (exluding stacked firewood for without completion of a phaSe warranting anuse on the property, and lumber for a project initial building inspection or without completion the property initiated within'ten days of detiv- of a successive phase warranting a subsequent cry), junk, trash, debris or salvage materials vial- building inspection under Title ! 5 of this code. hie from a public fight-of-way, except as may be where the appearance or other conditions of said allowed by Title 17 of this code. unfinished building or Structure substantially I. Abandoned or discarded furniture, stove. deu-acts from the appearance .of the immediate refrigerator, freezer, sink. toilet, cabinet or other neighborhood, household fixture or equipment visible from a, B. Any doorway, window or other o~ening public right-of-way, except as may be otherwise into a vacant structure not closed and main- prohibited by Tide 17 ofthi~ code. '' tained by means or materials approved by the $. Any motor vehicle, trailer, camper, boat or building director, other moi~ile equipment parked on any unpaved C. Any broken window constituting a laaz- area in any front yard (as defined in Section ardous condition and facilitating trespass or 17.04.670 of tl~i.~ code) or on any sideyard (aS malicious r~i~ief, or constituting a shelter for defined in Section 17.04.690 of this code) adja- vagrants or criminals or enabling persons to .cent to any street. resort thereto for the purpose of committing IC Any fill dirt containing pieces of concrete. unlawfifl acts. asphalt, or rubbish or any fill dirt brought to the D. Overgrown, dead, decayed, diseased or property, or excavated from the property, and not hazardous trees, weeds and other vegetation: wetted and compacted in accordance with the 1. Likely to atwa~ rats, vermin and other nui- requirements of Chapter 70 of the Uniform sauces: or Building Code and graded to within eighteen 2. Constituting a fire hazard: or ' inches of the adjacent grade within thirty day of 3. Dangerous to public safety, and welfare,delivery or excavation. (Ord. 3182 § I (part), E. Any btulding exterior, waft. fence, drive- 1988). way, sidewalk* or walkway which'is maintained in such conditi°n of deterioration or disrepair as 8.2 7.0 2 0 Enforcement. to be unsm'e or which is so defaced as to substan- A. The building director shall enforce the tially detract from the appearance ofthe immedi- provisions of this chapter. Any person who ate neighborhood, violates any provision of Section 8.27.010 shall be E Any am'active nuisance, including aban- punished as set forth in general penalty provision .doned. broken or neglected machinery, or equip- Section 1.40.010. merit, any pool. pond or excavation dangerous to B. For each day that a violation exists, it shall children, constitute a separate offense. G. Conswaction equipment or machinery of (Ord. 3434 § 2, 1992: Ord. 3182 § 1 (part), any WPe or description parked or stored on the 1988). owner's property, where it is readily visible to the general public, except during excavation, con- 8.27.030 Abatement. struction or demolition operations covered by an As.an alternative to the enforcement provided in active budding permit for the subject or adjoin- Chapter 1.40, the building director may take action lng property., except as may be allowed by Title to abate the nuisance, pursuant to Chapter 8.80 of 17 of this code. the Bakersfield Municipal Code.. (Ord. 34~0 § 1, 1992: Ord. 3182 § 1 (part), 1998). 317 (Baker~iield 3-92) 8.70.010-8.80.010 be responsible for the implementation and Chapter 8.80 enforcement of Chapter 6.75 of the California Health and Safety Code. (Ord. 3475 § 2, 1992). ABATEMENT OF PUBLIC NUISANCES · Chapter 8.70 Sections: 8.80.010 Duty of property owner to REGULATION OF WELLS AND WATER abate. SYSTEMS 8.80.020 Notice to abate---Generally. 8.80.030 Notice to abate--Form. Sections: 8.80.040 Notice to abate---Mailing 8.70.010 Adoption of Kern County and posting. Ordinance No. G-5006 and 8.80.050 NotiCe to abate-Filing affi- subsequent amendments, davit with city clerk. 8.70.020 City zoning authority. 8.80.060 Resolution ordering abate- ment work. 8.70.010 'Adoption of Kern County 8.80'.070 Abatement by owner-- Ordinance No. G-5006 and ' Permit required to burn subsequent amendments, weeds or waste matter. Except as to' the provisions thereof which 8.80.080 Report and assessment address zoning approval, that certain ordinance list--Contents and filing. desi~ated as Ordinance No. G-5006 of the Board 8.80.090 Report and assessment of Supervisors of the County of Kern and all list-Notice of filing. subsequent amendments or rex~isions thereto is 8.80.100 Hearing and confirmation. adopted by reference and shall be applicable to the 8.80.110 Payments to finance direc. regulation of wells and water systems in the city. tot. (Ord. 3273 § 1, 1990). 8.80.120 Collection of assessments as taxes. 8.70.020 City zoning authority. 8.80.130 Recording of lien. The City of Bakersfield shall continue to exercise zoning approval for the construction of 8.80.010 Duty of property owner to water welts referenced in Ordinance No. G-5006 abate. of the Board of Supervisors of the County of Kern A. It shall be 'the duty of every property and all subsequent amendments or revisions owner to abate any public nuisance pursuant to thereto.' (Ord. 3273 § 1. 1990). Chapters 8.27, 8.28, 8.29 and 8.32 upon his private property and upon thc abutting haft of the street and/or alley, and between the sidelines thereof as extended. B. The word "street" as used in this section shall be deemed to include the sidewalk space thereof. (Bakersfield 9-92) 338-2 8.80.020 C. Any pemon who receives a notice to abate ~ · any public nuisance as described herein, and who fails to abate such nuisance within the time prescribed in the notice~ may be assessed the cost of reinspection as set forth in Section 3.70.040 of this code. D. Ail bills for the charges set forth in ~' subsection C. of this section are due and payable upon billing therefor and become delinquent Sixty days after billing date. An additional ten percent '. administrative service charge and interest at the rate of One percent per month shall be added to any surcharge which is delinquent. Should the city resort to court action to collect amounts due, the city shaLl be. entitled also to collect its reasonable COSts. (Ord. 3443 § 1 (part), 1992). 8.80.020 Notice to abate--Generally. Whenever matter declared to be public nuisance pursuant to Chapters 8.27, 8.28, 8.29 and 8.32. h~u accumulated upon any private real property or on the abumng haft of any street, sidewalk space and/or alley, it shall be the duty of the city's applicable department director or his authorized representative to notify the owners of the property upon which, or in the front, side or rear of which, 338-2a (B~kemfi¢ld 9-92) 8.80.030-8.80.050 matter declared to be a public nuisance has said nuisance should not be found to exist'and the accumulated and inform them that unless the same ordered abated as provided in said chapters. nuisance is abated without delay, the worlc of abating such nuisance will be done. by the city Dated:' authorities, and the expense thereof may be made a special assessment against the property involved, (Title of Depamnent Head/Director or may be made a personal obligation of the of the City of Bakersfield) property owner, whichever the legislative body of (Ord. 3443 § 1 (part), 1992). this jurisdiction shall determine is appropriate. (Ord. 3443 § 1 (part), 1992). 8.80.040 Notice to abat~Mailing. and posting. 8.80.030 Notice to abate---Form. A. The (approPriate department.head or his The notice shall be substantially in the designee) shall mail a postcard copy or other copy following form: of the notice with all blanks properly filled, to each and every owner of real property on which and/or NOTICE TO CLEAN PREMISES on the abutting haft of the street, sidewalk space NOTICE IS HEREBY GIVEN pursuant to the and/or alley on' which such a nuisance exists, provisions of Chapters 8.80 and (8.27, 8.28, whose name and address appears on the latest 8.29, or 8.32) of the Bakersfield Municipal Code, equalized county assessment roll or as known to that (describe condition of property which him, marling the copies of notices to the addresses constitutes nuisance - i.e., weeds, grasses, dead given or otherwise known to him. shrubs and dead trees) upon property owned by B. If the name and address of such owner you and/or on the abutting half of the street, does not appear on such assessment roll or is not sidewalk space and/or alley in the City of othemtise known to him, he shall cause a copy of Bakersfield is a public nuisance, such notice to be conspicuously posted on the YOU ARE HEREBY NOTIFIED that said property affected. public nuisance is required to be abated within C. The notices so posted shall be seven (7) days from the date of this notice. If not substantially the same as 'the notices mailed. abated by removal/repair on or before such time, D. The mailing or posting of all of the notices the City of Bakersfield will abate such public shall be done and completed at least ten days nuisance or cause the same to be abated,.in which before ~ time fixed for the hearing. case the expense thereof will be made a personal E. The failure of any property owner to obligation of the property owner or will be receive such notice shall not deprive the city assessed against the land and become a tax lien .. council of jurisdiction to proceed or affect in any thereon as provided in Chapter 8.20 of the manner the validity of the proceedings taken or to Bakcrsfield Municipal Code and will be collected be taken or of any assessment or personal on the tax roll upon which property taxes are obligation levied under this chapter. collected. (Ord. 3443 § 1 (part), 1992). YOU ARE FURTHER NOTIFIED to appear before the City Council of the City of Bakersfield 8.80.050 Notice to abatemFiling on , at affidavit with city clerk. the hour of 7:00 P.M. in the Council Chambers in A.. Upon giving notice as mentioned in the City Hall. 1501 TruxtunAvenue, Bakersfield, Sections 8.80.010 through 8.80.040, the Ca/ifOrnia, and show cause, if any you have, why applicable department head/director shall make and 338-3 (B~ersnela 3-92) 8.80.060-8.80.090 file with the city clerk his affidavit, stating in chief of the fire department of the city. Any general terms the existence of the nuisance, and perSon or entity who violates this section shall be declaring that in each and every case the owner of pumshed as set forth in general penalty provision real property on which, and/or on the abutting half Section 1.40.010. of the street, sidewalk space and/or alley on which (Ord. 3443 {} 1 (part), 1992).. the nuisance, exists was notified to abate the nuisance, either by mailing or posting the notices 8.80.080 Report and assessment as required by this chapter., list--Contents and filing. B. A copy of the form of notice so mailed or A. When the work is done or caused to be posted shall be annexed to the affidavit together done by the department head/director, he shall with a list of all properties on which such nuisance keep an account of the cost of abating such exists, nuisances, including an administrative charge to be (Ord. 3443 § 1 (pan), 1992). .determined and apportioned by him upon each separate lot or parcel of land and in the front and 8.80.060 Resolution ordering abate- alley, if any, in the rear thereof between the ment work, sidelines of such lot as'extended. A. The applicable department head/director B. The department .head/director shall shall attend the meeting of the city council at the embody the account in a report and assessment list time desig'nated in the notice to show cause and to the city council, which he shall file with the city rcport on any other matterS desired by the city clerk. council concerning the nuisance.' C. The report and assessment list shall refer B. Thereupon, if satisfied that the nuisance to each separate lot or parcel of land by description exists, the city council shall by resolution find the sufficient t° identify it, Md state separmely the cost nuisance to exist, and order the department of abating the nuisance upon each parcel of land, head/director to proceed with thework of abating .including the apportioned administrative charge of the nuisance pursuant to the provisions of this all applicable city departments. chapter. (Ord. 3443 {} 1 (part), 1992). (Ord. 3443 § 1 (part), 1992). 8.80.090 Report and assessment 8.80.070 'Abatement' by ownerm list--Notice of. filing. Permit required to burn A. The department head/director shall post a weeds or waste matter, copy of the report and assessment list on the A. Any owner of real property on which or in bulletin board near the council chambers in the city front, side and/or rear of which such public hall, together with a notice of filing the same and nuisance exists, may cause the same to be abated, Of the time and place when and where it will be providing it is done prior to the arrival of the submitted to the city council for confirmation, at department head/director's assistants or contractors least ten days before the date fixed therein. to do the work: provided in all cases the work shall B. The department head/director shoal1 also be done to the satisfaction of the department mail or post copies of the notice to all the owners head/director, of property on which and/or in the front, side B. However. it is unlawful for any property and/or rear of which such .a nuisance was abated owner or other person to burn, or attempt to bum for the time, and in the manner, and with like an5' weeds, debris, or waste matter without first effect., and file with the clerk an affidavit thereof, obtaining written permission to do so from the (Bakersfield 3-02~ 338-4 8.80.100 all as provided in Section 8.80.040'for mailing and. 8.80.100 Hearing and confirmation. posting notices to abate. A. The owners, and all other persons C. The notice shall be substantially in the interested in having any work done under this following form: chapter, or in the assessment, feeling aggrieved by NOTICE OF FILD,i'G REPORT AND any act or determination of the department ASSESSMENT LIST FOR ABATEMENT OF head/director in relation thereto, or who claim that CONDITION CONSTITUTING PUBLIC the work was not performed in a good and NUISANCE, AND OF substantial manner, or who claim that any portion HEARING THEREON of the work for any reason, was omitted or NOTICE IS HEREBY GIVEN that the (Title of illegally included, or having or making any applicable deparanent head/director) of the City of objections to the correcmess of the assessment or Bakersfield has filed with the City Clerk of said other act, determination or proceeding of the City a report and assessment list on abatement of depamment head/director, may appear before the nuisances (condition constituting nuisance - i.e., city council and said time and place and be heard. weeds and debris) within said City, a copy of B. Upon Said hearing, the city council may which is posted on the bulletin board near the remedy and correct any error and revise and Council Chambers in City Hall. correct any of the acts or determinations of the Your property is assessed therein in the sum of department head/director relating to said work: $ and may amend, alter, modify or correct the NOTICE IS FURTHER GIVEN that on assessment in such manner as to them shall seem , at the just, and may require the revision or correctionto hour of 7:00 P.M. in the Council Chambers in said be completed according to their directions. City Hall said report and assessment list will be C. Ail of the decisions and determinations of presented' to the City Council of said City for said city council, upon notice and hearing as consideration and confirmation, and any and all mentioned in this chapter, shall be final and persons interested, having any objections to said conclusive. =port and assessment list. or to any other matter D. Said azsessment, when confirmed, shall or thing relating thereto, may appear at said time become and remain a lien upon the properties and place and be heard, stated therein, until paid. NOTICE IS FURTHER GIVEN that you may E. All such assessments remaining unpaid pa>' said assessment, along with all accrued sixty days after thedate of recording shall become administrative service charges and interest, at the delinquent. An additional ten percent adminis- office of the Finance Director of the City of. trative service charge and interest at the rate of one Bakersfield at City Hall, 1501 Truxton Avenue. percent per month shall be added to any Bakersfield. California, at any time before 5:00 assessment which is delinquent. · Should the city P.M.. June 30. 19 ~, and if not paid within resort to court action to collect amounts due, the that time it will be entered against your property on city shall be'entitled also to collect its reasonable the City. tax roll. costs. Dated: (Ord. 3443 {} 1 (part), 1992). (Title of Department Head/Director of the City of Bakersfield) (Ord. 3443 §1 (part), 1992). 338-5 ?- · From and after the date of the recording of __ ,2. '4:ice of the lien in the Office of the Recorder .- '-~: ;'~-CoUnty of Kem, as in this section provided, , .... ~.rsons shall be deemed to have full notice ';<- 3443 § 1 (part), 1992). 338-7 (Bakursfi~ld 3-92) C~T~ ~A~AOF.,R-- ORDINANCE NO. 257 AN ORDINANCE OF THE CI~ OF ¥CFARI~RD PROHIBITING II ~95~_'-'47 GRAI~FITI AND ~qlE LI¥ITED POSSESSION OF AEROSOL CONTAINERS OF PAINTil DYE OR ANY MARKING SUBSTANCE THE CITY COUNCIL OF THE CITY OF McFARLAND DOES HEREBY ORDAIN AS FOLLOWS: Section 1. ADDITI'ON TO ~IE McFARI,AND MUNICIPAL CODE: Chapter 9.12 is hereby ~dded to Title 9 of the McFarland Municipal Code to read as follows: C~AI~R 9.]2 GRAFFITI PROHIBITED Sections: 9.12.010 Intent 9.12.020 Graffiti Defined 9.12.030 Possession of Graffiti M&terials 9.]2.040 Unlawful Application of Graffiti 9.12.050 Removal of Graffiti 9.12.060 Penalty-Misdemeanor 9.12.070 Penalty-Infraction 9.12.080 . Penalty-Civi! 9.12.010. INTENT: Graffiti on public and private property is a blighting factor which not only depreciates the value of the property but also the value of the adjacent and surrounding area, and the general mornle of the local ci~izens, therefore it is the intent of the City Council to provide for the prohibition of the placement of graffiti on public and .. private property and for the removal thereof. 9.12.020. GRAFFITI D~FINED: "Graffiti" as used in this ordinance shall mean the unauthorized inscribing, spraying of paint, dye or any marking substance, or the marking of ink, chalk, dye or similar substances on public or private fences, buildings, structures and places within the City of McFarland. 9.12.030. POSSESSION OF GRAFFITI MATERIAI~: It shall be unlawful for any person under twenty-one (21) years of age to possess any aerosol container of paint, dye or any other marking substance in any public place within the City of McFarland regardless of whether that person is or is not in any vehicle or other means of conveyance, other than in the course of oneis employment or during an adult supervised school pro.ject. ~" unlawful for any person to apply graffiti It shall be on public Or private fences, buildings; structures and/or places within the City of gcFarland. ~. REIIOVAL OF GRhF~ITI: It shall be unlawful for the owner of any fence, building or structure capable of being viewed from any public right of way, such as a road, parkway or alleY, to permit graffiti to remain on such if the City has given the owner written notice to remove such graffiti and the owner fails to remove same within ten (10)·daYS after the C~ty's mailing of such notice unless the City Administrator is convinced that such owner is Uncapable of removing the graffiti within said ten (10) day period. Any person convicted of violating the provisions of Sections 9.12.030 or 9.12.040 s~all be deemed guilty of misdemeanor, and upon conviction there°f' 'shall be punished ' pursuant to Secti°a 1.20.010 and supplemented by Chapter 1.16 of the McF~rland Municipal code. p~ALTY_ I NFRA~ · 9.12.070. c~nvicted of violating the provisions Any person Section D.12.050 sh~ll be deemed guilty of ~n infraction and upon conviction thereof sh.~tl be punished pursuant to 1.20.010 of the {cF~rlznd ~un~cipzl Code.*  pENAL~-CIVIL: The willful misconduct' °f ~ minor convicted of viOls~in~ the provisions of Section ~.12.040 sh~ll be imputed pnren~ of ~unrdi~n h~vin~ custody nnd con'~r°l of.~he Yor zll ~purposes of civil dnmnges, includ~n~ court .cos%s, ~nd s~orneY'S fees, to the prevniling p~r~Y, znd the p~rent or ~usrdiSn h~vinK custody ~nd control shsl~ be jointly severally linble w~th the minor for uny .dgmnges resul~inK from the willful misconduC%, not to exceed ten ~housnnd dollars ($10,000) for.esch tort oy.ti~e minor, pursu~n% of ~he cslifornin Civi~ Code. -2- SectiOn 2. EFFECTIVE D~TE: This Ordinance shall take effect immediately and within 'fifteen (15) days after the date of its passage shall be posted in at least three (3) public places in the City of McFarland. Section 3. URGENCY ORDINANCE: This. Ordinance is hereby declared to be an Ordinance for the immediate preservation of the public peace., safety, health and welfare enacted pursuant to the Government Code of the State of California and the facts constituting its urgency are specified as follows: Because of the blighting factor and the depreciation of the values of the properties upon which graffiti is applied, it is necessary that this Ordinance take effect immediately. INTRODUCED, PASSED and ADOPTED at a regular meeting of the City Council of the City of McFarland, California, on the llth day of February, 1993, by the following vote: AYES: ~TR~D: PATTERSON. JOHNSOM. ROSSON AND OARZA · NOES: _NnME ABSENT: . t;n~E S/Ruben Garza, ,Tr. RUBEN GARZA, JR., Mayor of th~ City of McFarland, California ATTEST: DORIS L. WOOD, Clerk of the City of McFarland, Claifornia I hereby certify that the foregoing Ordinance was duly a~d regularly adopted' by the City Council of the City of McFarland at a regular meeting thereof held February 11, 1993. DORIS L. WOOD, Clerk of the City of McFarland, California -3- IRCUI.ATION: WEDNESDAY, MARCll I0, 1993 DALLY it~l..t~i~ i)^ILY .' 1.531,527 SUNI)A Y ('OPY lilt,ii [ 1991 / IIIE IlMi:S IqlRRt jK ( OMpANY t'(t/H6 pA(;I S i)¥,SI(;NAT£1) All £AS Iil(;il E R ffBillsat.Tobacco Industry SMOKE: Several Measures Target Tobacco Industry Coolinued from Al ;~mokes, (town from 26.7% five The I,eglslature has m)t passed ~ In (;aldorma last year, Philip Health: Anti-smoking lawmakers are buoyed by years ag(). significant anti-smokmg bill sinre Morns and Rill-Nabisco reporled ecent EPA report on risks of sei:ondhand smoke. Friedman ts carrymg. I)erhaps 1987, when ,Sen. Nichols:; C I'etrss d,matmg a coil)reed $2.8 snillion to the year's most important .nti- (D-Oakland) pushed a ineasure I(~t~islatlve races as~(I initiatwes. y [)AN MORAIN in nonsmokers. Soon oiler the Jan- smokmg bill, which seeks t() ii- through to ban smoking on in-slale Those ('.omi,antes. plus the indus- ms S~^F~ W~Tt~ usry report, Oov. Pete Wilson pose a fiat-out ban m every indoor mrhne Ilights. Ever site, e~ties try-funded Tobacc(~ Institute. issued an executive order to ban place where people wor~. odmr and counlies have led the way. At spcsl $812,(X10 more on lobbyin§. · gACRAMgNTO--Armed with a smokin8 in all sLate buildings, than the home. least 5:1 California ninth:it)aliases Assembly Speaker Wilhe Brown, _~w study' about the hazards of "The EPA study changes the If it passes the I.egislature m its have passed some type of smoking who has enormous power over ~condhand smoke, anti-smoking politics of this issue forever," said current for~n and Wilson :;~gns st ban. accord,ny t() the Berkeley- most bills, was last year's single gislators believe 19S3 could be a Assemblyman Terry B. l;'riedman into law. Frledman's l)dl wouhl based Amerlca.s f.r N,msmokers largest ind~v]duid recipient of do- ,ming point in the long history of (D-Bremwood), among the Leffis- result in the most sweepmg slate- Ill§ids. nations irom ti)e two companies, · collecting $72,300. Brown distrib- · gislaUve domination by, the to- lature's most passionate anti- mandated smoking ban in the na- A ware of the I,eglslature's utes much of the money he raises ~ccoindustry. smokers. "Californians know that Lion. From bars and card parlors to With renewed vigor, anti-smok- it is no longer a matter of annoy- auto garages and convention halls. ~ track record and of the power to other legislative candidates. sg le&qslatora are pushing bills to ante. It's a matter o! life and death, smoking would become a crime, of the tobacco Iohby in Sacramen- Politicians from both major par- lust tobacco advertising, nearly They are going to fight to protect punishable by a $100 fine. to. some anti-smoking advocates ties take campaign money from pubic cigarette ~axes, open the theirlives." "Smoking ~s on ~he ropes this are skeptical, cigarette manufacturers and to- ,duaLLy to lawsuits and'ban amok- At the same Lime, according to a . year," said Assemblywnman Mar- "1 cannot be too paranoid about bacco lobbyists' gifts, ranging from ~ginsideallbulldlngs. new report by the state Depart- guerite Archie-iludson iD-Los the California Legislature." said dinners to liquoi' aL receptions to The primary reason for their ment of Health Services and UC Angeles). a co-author of Fried- Stan Glantz, a IJC San Francisco hard-to-get tickets to Sacramento ptimism is a landmark report by San Diego, smoking is at an all- man's bill. "The nonsmoker has professor of ~nedieine who re- Kings basketball ga~nes. ne I~-nvironmental Protection time iow in California. An estimat- been at the mercy of people who searches tobacco's hefty political - .geney declanng that aecondhand ed 20% of the state's .population smoke. Now the pendulmn swings, donations. This year. tobacco lobbyists moke is a leading cause o! cancer l'letme lee SMOKE, &la ! don't think that's bad." If the tobacco industry is worried, lhave their work cut out: ~ " If Friedman and Archie-Hudson about the renewed legislative at- · Sen. Dla~,e Watson iD-Los are correct, the change wmdd be tacks, it ,s not showing it. "Our Angeles) introduced a bill to ii- major. As recently as last session, industry always laces challenges," pose a 27-cent-per-pack "sin tax" the Legislature approved a major said John Boltz, spokesman for on cigarettes. Assemblywoman tobacco industry-sponsored bill to Philip Morris in New York, adding Barbara Friedman (D-Los. Angel- prohibit employment discrimina- that there is a "significant reset- es) has a bill to add a 2-cent-a- lion again§t smokers. Wilson ye: voit" of public support I'otreason- pack state tax. with the funds toed it. but the idea has resurfaced able limits on restrictions., paying for breast cancer 'research this year. "As long aa we stay .with our and early detection for poor worn- . ' messages," Boltz said. ?:hat should es. ' have a pretty receptive ear." - · 't'erry l,'riedman revived a bill toprohibit tobacco companies from Antonia Coello Novello and the left to tend to other business, (:amc from Assemblyman NaoTak- · using cartoons in cigarette adver- California Medical Assn., among Tucker tried to tack on six amend- asugi I R-Oxnardl, a freshman who tisements, lc'is aimed at RJR-No- the most powerful and richest of all ments, including one to prohibit opposed it because it would strip bisco's campaign featuring caries- lobbies. BUt Tony Nalera, lobbyist elnployers from discrmlinating local government of its attthorlty to tares of a camel in ads that for the American Lung Assn., against smokers, regulate smoking mdoors. ant!-smokers say targets children, counted 24 lobbyists working the Friedman denounced the 'move Even if l.~riedman's bill passes · Assemblyman Byron D. Shec hallway for the tobacco industry at as "absolutely hostile" and stalled the l.cgislature, it is nnclear (D-Polo Alto) dusted off bills to the hearing, to g,ve his allies time to return, whether Wilson will sign it into give Californians the right to sue l.eading the opposition, Assem- Om:e they arrived. 'Fucker ktlew law. The govern~r has not laken a over cancer and other ailments blyman Curtis Tucker Jr. (D-hi- be bad lost u,~(l loll without voting. Il-Suitor. tlowcver, his heallh ali- caused either by their own habit or glewoodl, one of the lower house's "The public perceptioo ttlat all rector, I)r. Molly t:oye, told law- secondhand smoke. Thelegislation, few smok6rs, shuttled from the smokers are worse than child mo- makers iii her testimony that, introduced in each of the past four hearing room to the hallway, lesters and one step above years, has never made it out of the where tobacco lobbyists filled the so prevalent that i don't .thiiik "an airtight case" Ihat secondhaud Judiciary Committee. air with cigarette smoke and the anythiug can stop Ibis," T.ckcr smoke is a killer, responsible for Assemblyman Phil Isenberg rD- lawmaker with strategy sugges- saill. 6,000 dealh~ iii Cahfornia a year. Sacramento), Assembly Judiciary tions. The Ineasore cleared the cum- "We look forward to baying a Committee chairman, says the hill When three of I'~'icdman's ~dlies mlttee oo 7- i vote. The n. w~ie i)osltloo very soon." Coye said. has a better chance of clearing his committee this year, given the infusion of freshman legislators. But whether the bill will cl~ar the Legislature is another question. ' ' lsenherg notes that tobacco companies could face huge court costs if the bills become law, and says they "will fight Byron's bill to the death." isenberg is proposing a measure to ban smoking in the one state building where it remains legal, the Capitol. The governor's ban on smoking in state buildings does not extend to sections of the Capitol controlled by the Legislature. . The smoke was especially thick last Wednesday in the hallway outside the hearing room where lVriedman's bill to ban smoking in the workplace faced its first obsta- cle. the Assembly Labor Commit- tee. where the bill died last year. Friedman chairs the Labor Com- mittee and the bill has endorse- meflta from U.S. Surgeon General TORIA I _.THE TIMES]I Time to Complete a Lifesaving Step Fo/lowing executive order, Legislature shouM appro~,e bill to ban smoking in ~vorkplace By the end of this year, under an' all workplaces throughout the state, Willie Brown alone was the reel@lent executive order issued by Coy. Pete to protect the health of millions, of more than $72,000.) This invest- Wilson, smoking will be banned in This year, as in years past, a bill by ment produced benefit for the indus- virtually ali state offices and facili- Assemblyman Terry B. Friedman try; I,'riedman's smoke-ban bill, for ties, the most notable exception being (D-Brentwood) requiring smoke- example, never made it out of the that part of the Capitol housing the free workplaces is before the Legisia- Assembly Labor Committee. Will the Legislature. The governor's order ture. This year, unlike past years, it bill fail again this year? Betting came just a few weeks after the may stand a chance of being enacted, against the tobacco lobby°s high roll- Environmental Protection Agency, Certainly logic, consistency and a ers might seem foolish. But this year citing numerous studies, confirmed decent regard for the health of Call- there does seem to he more hope that that the health of nonsmokers can be fornians ought to compel our repre- the Legislature will in fact do the imperiled simply by regular exposure sentatives to pass such a clearly right thing; one good sign is that to tobacco smoke produced by others, needed public healti~ measure. Cer- Friedman's bill recently passed the Each year, to' note only the most tainly. I~]xcept that common sense and Labor Committee by a vote of 7 to 1. shocking example cited by the EPA, concern for the public good do not A smoke ban in the workplace does about 3,000 nonsmokers die of lung always prevail when pitted against, not aim at punishing that 20% of cancer, the millions of dollars the tobacco Californians who smoke--they can But Wilson's action, welcome lobby regularly commits to fight any still go Otlt' otr the workplace to do though it is, represents only a half measure that ~night cut into cigarette what they must do--but at protecting step toward an urgent goal. With sales, those 80% who don't. There is no secondhand tobacco smoke now offi- Last year, just in California, major issue here of smokers' "rights," only cially recognized as a potential killer ' tobacco companies along with the of the rights of nonsmokers not to by federal authorities and medical industry-supported Tobacco Institute have their health impaired. In the end .. associations, reason and equity de- spent more than $3.6 million on there is simply no defensible or mand that the remaining half step be legislative races, lobbying and treats forgivable reason for legislators to taken. Smoking should he banned in for legislators. (Assembly Speaker reject the workplace smoke ban. LEGAL PERSPECTIVES CONSTITUTIONAL ISSUES ' FEDERAL LEGISLATION CALl FORN IA LAws TH E \VORKPLACE Of nearly 500 smoking ordinances vending machines. The oniv states with a enacted in the United-States, none has been legal impediment to local smoking ordi- successfully challenged in court, although a nance are the few which have passed varietv of Constitutional and other issues preemptive state taws: Florida, Iowa, Illinois continue to be raised by opponents, and Virginia. There is no preemptive state according to Americans for Nonsmokers' statute covering smoking ordinances in Rights. California. Nearly ail existing smoking re~m~la- The California Constitution states in tions deal with smoking in one or more of Article XI, Section 7 (adopted June 2, three locations: public places, workplaces 1970), "A court .fy or ci.t7 may make and and restaurants. In addition, local vending enforce within its limits all local, police, machine ordinances have attempted to sanitan', and other ordinances and regula- control ill.al distribution of cigarettes and tions not in conflict with general laws." smokeless tobacco products to youths. Thus, the foundation for loc~ regulation of smoking is firmly established. C o N STITUTI O NAL Yet both smokers and nonsmokers ISSUES have brought suit under various aspects of the U.S. Constitution, all with equal lack of The 10th Amendment to the U.S: success. Cases have been filed over cruel Constitution provides that "The powers and unusual punishment (8th Amendment not del ~'ated to the United States by the to the U.S. Constitution), depriving a ,Constitution, nor prohibited by it to the citizen of life, liberty or property without States, are reserved to the States respec- tively, or to the people." Stated another due process 0flaw (5th and 14th Amend- ments to the U.S. Constitution), and equal way, the states are free to pass laws which protection (14th Amendment to the U.S. do not conflict with the Constitution or with other laws passed by Congress. No Constitution). i~' :' :.~--~ :~.':"' federal law exists which preempts state or Smokers have filed lawsuits claiming local jurisdictions from passing laws which an unrestricted Constitutional right to restrict or prohibit smoking or tobacco ' smoke, while nonsmokers have filed Chapter Twelve * Legal. Perspecti.ves imposition of restrictions on, smoking in specified, the law may be enforced by the places ofemplo.vment covered bv Tide I." local Health Department, and violations Language in the Act on refusal to hire are an infraction and subject to fine. smokers is unclear and municipalities (Health and Safe~. Code, Sec. 25949) should have the issue addressed by legal counsel. However, the Act does appear to GROCERY STORES allow cities to refuse to provide an area for smoking. Smoking is prohibited in grocery stores and retail fbod stores. (Health and CALIFORNIA LAWS s t n. , Code. Sec. 25947) Smoking is also prohibited in all food State legislation on smoking origi- nated with California's Indoor Clean Air preparation, stor~e and utensil cleaning and storage are=. (Health and Safeo. , Code, Act of 1976, now Health and Safety Code, Sec. 27605) Sections 25940 through 25947. Health and Sa_few Code Sections 25948 through 25949.8 were added in 1987. Section STATE OFFICES 25941 of the code allows a prohibition on State government ~encies must "smoking of tobacco in designated areas of adopt smoking policies recognizing the publicly owned places while a meeting is in right of employees to a smoke-free environ- process." Section 25946 of the code ment. The polic5' is set bv individual specifically states that "the legislature agencies ~vhich must, at a minimum. declares its intent not to preempt the field include smoke-free work stations and of regulation of the smoking of tobacco. A meetings. (Government Code, Sec. local governing body may ban completely 19994.30) the smoking of tobacco, or. may regulate Restaurants in state buildings with a such smoking in any manner not inconsis- seating capaci .ty of 50 or more must tent with this chapter or any other provi- desitnate a minimum 20 percent non- sion of state law." Further, in Section smoking area. (Health and Safe~. Code, Sec. 25949.6, the code specifically ~tates that 25944) ' ' "this artide does not preempt any local ordinance on the same subject where a local ordinance is more restrictive to the benefit SCHOOLS of the nonsmoker." Smoking by students on school Various'other'state regUlations also campuses is prohibited. (Education Code, protect the public. The following summa- Sec. 48901.5) rizes Califomia codes pertinent to tobacco Bus drivers are prohibited from control, smoking on buses in which young people ride. (Licenses, Sec. 12423) PUBLIC TRANSPORTATION " Smoking is prohibited on all forms of HEALTH CARE FACILITIES public transportation, induding buses and Smoking is prohibited in patient trains. Train stations, airports, bus stations, areas of clinics, except rooms designated for and other transit.depots~ must set aside a occupancy exclusively by smokers. Smok- minimum of 75 percent as a smoke-free lng is prohibited in patient care areas, area. Although no enforcement agency is Waiting rooms, and visiting rooms of a $? Tobacco Control in Ca I i. fo rnia Cities health facility, except areas designated as OUT-OF-PACKAGE smoking areas. Smoking is prohibited in CIGARETTE SALES patient rooms unless all persons assigned to In 1991, the California Legislature a room have requested a.smoking room. enacted a law prohibiting selling cigarettes (Health and Safety Code. Sec. 1234, 1286) except in the manufizcrurer's original package, Sealed and properly labeled under SALES TO MINORS f~deral labeling requirements. (Penal Code, It is unlawful to sell or in any way Sec. 308.2) furnish cigarettes or other tobacco products to persons under the age of 18. Violations LICENSING are a misdemeanor subject to a fine of up to ' ?my tobacco distributor (not a $1,000, enforced by the ci,ry attorney, retailer) must obtain a license from the coun .t7 counsel, or district attorney. Cities State Board of Equalization. (Revenue aha' and counties are preempted from altering TaxatiOn Code, Sec. 30140) the fine schedule. (Penal Code, Sec. 308) Businesses which sell tobacco must post a copy of the State law banning tobacco sales SAMPLING to those under the age of 18./Penal Code, It is unlawful for any person to Sec. 308) distribute free samples of smokeless tobacco The tobacco industry has challenged products, except when the free sample is local ordinances which restrict or ban the provided in response to a mail-in coupon use of tobacco vending machines on the which includes verification that the basis of preemption bv Penal Code Section respondent is 18 years of age or older. 308. Prior to 1988, Section 308(c} specifi- It is unlawful to distribute free call~, stated'that "nothing in this section orsamples of tobacco products within a two any other provision of law shall invalidate block radius of any faclli ,ty whose primary. an ordinance of, or be construed to prohibit purpose is directed toward persons under the adoption of an ordinance by, a city or the age of 18 such as schools, clubhouses county or a .ci ,fy,and coun ,ty regulating the and youth centers. (GeneralRegulatiOns. Sec. sale or display to persons .under the age of 17537.3) 18 years of items described in this se.ction." Effecdve January 1, 1992, the However, a 1988 amendment distribution of free samples of tobacco substituted Sec'don 308(e) for 308(c). It products is prohibited on all' public states that "It is the Legislature's intent toproperty, induding sidewalks and fair_ regulate the subject matter of this section. ~ounds. Local munidpalides may go As a result, no ci ,ty, coun ,ty, or city and further and ban the practice on private coun .ry shall adopt any ordinance or property as well. (Health andSafety Code, regulation inconsistent with this section." Sec. 25967) To avoid a conflict, vending machine ordinances should avoid language about TOXIC EXPOSURE limidng distribution of cigarettes to children. Proposition 65, the Toxic Enforce- ment Act passed by the voters in 1986, applies to tobacco smoke along with other toxic substances. Businesses that allow 68 Chapter Twelve * Legal Perspectives smoking must provide individuals on the cities and counties may pay workersl premises with adequate warning of the compensation benefits for lung and heart toxic exposure. Adequate signage must disease actually cawed by smoking. ', include the lan~mmge: "This facili~ permits To limit workers' compensation smoking, and tobacco smoke is known to costs, some fire and police departments hire the State of California to cause cancer in onlv nonsmokers. With the possible~ nonsmokers as welt as smokers." (Health exception of the Americans with Dis. abili- and Safe~y Code, Sec. 25249. 6and Sec. ties Act--which is unclear on the polint-- 25249. 7) there are no federal constitutional or: stamto .ry impediments to Such a policy.. HEALTH EDUCATION Prior to the Disabilities Act, the United Proposition 99, the Tobacco Tax and States Equal Emptoyrnent Oppormni ,ty Health Protection Act, designates that 20 . Commission had indicated that it was not illegal to hire only nonsmokers. Vir~nia percent of the revenue generated be wed to support comprehensive, anti-tobacco and several other states have adopted' education progn'ams. For a description of "smokers' rights" laws which limit the right the California Tobacco Education Program of certain employers to hire only nonsmok- see Appendix B. ers. California has no such law. Cities should consult legal counsel on this TH E WO RKP LACE evolving issue. Evidence of the danger of environ- WORKERS' mental tobacco smoke has grown.substan- COMPENSATION tiallv in recent years. A g/owing body of case law also indicates employers should be It is well established that workers may concerned about liabili .ty for exposing receive workers' compensation benefits for employees to environmental tobacco conditions cawed by exposure to workplace smoke. Nonsmoking workers have success- smoking. The most recent example in fully filed suits based on workers' compen- California is Ubhi v. Stat~ Compensation sation, emplo,vment discrimination, Insurance Funa~ Cat'n futdle Restaurant, No. common taw, wrongful discharge and SFO-0341691 (Califomia Workers' unemployment benefits. Compensation Appeals Board). In that case, a waiter suffered a heart attack, even HIRING POLICIES though he was a vegetarian and a healthy nonsmoker with no history ofheart disease. In some instances, employers have He claimed it was cawed by en.vironmental adopted policies of hiring only nonsmokers, tobacco smoke in the restaurant in which These practices, most common for fire and he worked. In a 1990 settlement, the police departments, are designed to limit plaintiffwas awarded $85,000 by the the expenditure of public funds on smok- California Compensation Insurance FUnd~ ing-related disease. Fire, fighters and the police benefit EMPLOYMENT from legal presumptions under workers' DISCRIMINATION compensation. Heart disease in police officers, and lung disease in firefighters, is California's Fair Employment and presumed to be work related. As a result, Howing Act prohibits discrimination on the basis ora handicap. This law dearly ~ ' ~ T o b a c c-o C o n t r o I i n C a I i f o r n i a C i t i e s establishes a right to a smoke-free work- UNEMPLOYMENT place; nonsmokers sensitive to tobacco BENEFITS smoke are considered physically handi- Nonsmokers have fared better under capped and entitled to effective measures of statutory claims, such as Lapham v. accommodation. Smoking must be Unemployment Com?ensauon Board completely eliminated if that is the only Review, 519 A.2d 1101, ~vhich provided ~ '.. effective protection for the nonsmoker. In unemployment benefits to an employee Count. of Fresno v. Fair Employment and . ~brced to leave became an employer failed HousingAurhori~., 226 CA3d 1541, the to provide a nonsmoking work space. court ruled that the coun .ty should have Like,vise, in I atom v. Merit Systems eliminated smoking in the area in which Protection Board and Office of Personnei. nonsmoking employees worked before 3/lanagemenr. 702 F.2d 743, the court tobacco smoke aggravated their lung allowed disabilitv benefits to cover smoke- 'ailments. related injuries. WRONGFUL DISCHARGE COLLECTIVE BARGAINING )m employee who is terminated fbr Nationally, employers have been seeking a smoke-free workplace has a cause fbund in violation of collective bargaining of action for wrongful discharge based on agreements when unilaterally banning retaliatory dismissal. In tfenrzet v. Singer smoking in private workplaces: The Co., t38 Cal. App. 3d 290, the court held National Labor Relations Act prohibits an that such a discharge violated the public employer from changing the terms and policy in favor of worker safety. In Califor- conditions ofemplo.vment without nia, a cause of action for termination, in bargaining xx4th the union representing the violation'Of public policy, gives rise to tort employees. In re Parker Pen U.S.A., 90 Lab. and potential punitive damages. Arb. (BNA) 489, a labor arbitrator fbund the employer ~4olated the terms of the COMMON LAW collective b ~argaining agreement, subject to An employer's common law duty to future negofiarions of the subject. Likewise. provide a reasonably safe working environ- in Johns-Manville Sales Corp. v. Interna- tional Association of Machinists, 621 F.2d menr for employees ha~ led to numerous lawsuits dealing with smoking in the 756, the union successiiflly challenged an workplace. In just one case, Shimp v. New asbestos manufacturer's attempt to imple- fersO, Bell Telephone Company, 368 A. 2d ment a no smoking policy.. 408. has the court held that this common In Califomia, a popular approach for law protection extends to smoking, employers is'to "meet and confer" with union representatives to avoid problems with collective bargaining issues. 70 ORDINANCE NO. 488 AN ORDINANCE OF THE CITY OF RANCHO MIRAGE MUNICIPAL CODE DISALLOWING THE SALE OF CIGARETTES THROUGH VENDING HACHINES AND. ESTABLISHING THE FEE FOR SALE OF CIGARETTES. The City Council of the City of Rancho Mirage does ordain as follows: Section I. CIGARETTES; LICENSE REQUIRED, APPLICATION, ISSUANCE. No person shall keep for retail sale, sell at retail or otherwise dispose' of any cigarette 'or any tobacco product or cigarette paper or cigarette wrapper at any place in the City without a license. Application for a license shall be made to the City of Rancho Mirage on a form supplied by the City. The application shall state the full name and address of the applicant, the location of the building and part intended to be used by the applicant under the license, the kind of business conducted at such location and such other information as shall be required by the application form. Upon the filing of an application with the Rancho Mirage Department of Economic Development, it shall be presented to the department head for consideration. If granted by the department head, a license shall be issued by the. City upon payment of the required fee. Section II. CIGARETTES; LICENSE FEE. The annual license fee for a cigarette vending license shall be $25.00. Section III. CIGARETTES; PROHIBITED SALES. No person shall sell or give away any cigarette or any tobacco product, cigarette paper or cigarette wrapper to any person under the age of eighteen (18) years. No person shall sell or dispense any cigarettes or tobacco product, cigarette paper or cigarette wrapper through the use of a vending machine. Section IV. CEQA. The passage of this OrdinanCe is not a . project nor will it have a significant impact on the environment. Section V. Severab~lit¥. If any section, subsection, sentence, clause or phrase of this ordinance is for any reason'held to be invalid or unconstitutional by the decision of a court of competent jurisdiction, such decision shall not affect the validity . of the. remaining portions of the ordinance. The City Council of the City of Rancho Mirage hereby declares that it would have passed this ordinance, and each section, subsection, clause, sentence or phrase thereof, irrespective of the fact that any one or more other sections, subsections, clauses, sentences or phrases may be declared invalid or unconstitutional. Section VI. Savinas Clause. Neither the adoption of this ordinance nor the repeal of any other ordinance of this city shall in any manner affect the prosecution for violations of the ordinances, which violations were committed prior to the effective date hereof, nor be construed as a waiver of any license or penalty or the penaltY provisions application to any violation thereof. The provisions of this ordinance, insofar as they are substantially the ~same as ordinance provisions previously adopted by the City relating to the. same subject matter, shall be construed as restatements and continuations, and not as new enactments. Section VII. The City Clerk shall certify to the'passage hereof and cause the same to be posted as required by law. This. ordinance shall take effect on the 30th day following the date of its adoption. Americans for Nonsmokers' Rights 2530 San Pablo Avenue, Suite l Berkeley, CA 94702 (5101 841-3032 TOBACCO VENDING MACHINE oRDINANCE FOR CALIFORNIA IURISDICTIONS Sec. 1000. Title This ordinance shall be known as.the Tobacco Vending Machine Ordinance. Sec. t001. Findings and Pum0se ~' The City Council does hereby find that: Smoking is responsible for the premature deaths of 434,000 Americans each year from lung cancer, heart disease, respiratory illlness, and other diseases~ secondhand smoke is responsible for an additional 53,000 deaths among nonsmokers~ and The U.S. Surgeon General has declared that nicotine is as addictive as cocaine or heroim no other addictive product or drag, or cancer-causing product or drag is sold through vending machinesj and The U.S. Secretary of Health, the U.S. Surgeon General, and the leading voluntary health organizations all recommend the elimination of cigarette vending machines for health reasons~ Accordingly, the City Council finds that prohibiting the sale of cigarettes through vending machines is essential to protect the health and we[fare of the public. Sec. 1002. Definitions "Tobacco Vending Machine" means any machine or device designated for or used for the vending of cigarettes, cigars, tobacco, or tobacco products upon the insertion of coins, bills, trade checks or slugs. Sec. 1003. Tobacco Vendin~ Machines Prohibited No cigarette or other tobacco product may be sold, offered for sale, or distnbuted by or from a vending machine or other apphance, or any other device designed or used for vending purposes. Sec. 1004. Enforcement Violations of this ordinance are subiect to a fine of $1000 per day for each violation. The City Manager and City Attorney shall enforce this ordinance. Sec. 1005. Severabilitv If any provision, clause, sentence or paragraph of this article or the application thereoi to any person or circumstances shall be held invalid, such invalidity shall not affect the provisions of this article which can be given effect without the invalid provision or application, and to this end the provisions are declared to be severable. Sec. 1006. Effective Date This article shall be effective thirty (30) days after the date of its adoption. Amm'icant for Nontmokert' Rights, $/92 Tobacco Control in California Cities Section 28-8. Regulating the Sale of Tobacco Products A. Any person, business, tobacco retailer or other establishment subject to this ordinance shall post plainly visible signs at the point of purchase of tobacco products which state ~ SALE OF TOBACCO PRODUCTS TO PERSONS UNDER EIGHTEEN YEARS OF AGE IS PROHIBITED BY LAW. PHOTO ID REQUIRED. 'The letters of said signs should be at least one-quarter inch (1/4") high. B. No person, business, tobacco retailer, or owner, manager or operator of any establishment subject to this ordinance shall sell, offer to sell or permit to be sold any tobacco product to an individual without requesting and examining identification establishing the purchaser's age as eighteen years or greater unless the seller has some reasonable basis for determining the buyer's age. C. It shall be unlawful for any person, business, or tobacco retailer to sell, permit to be sold, or offer for sale any tobacco product by means of self. service displays or by any other means other than vendor-assisted sales. D. No person, business, tobacco retailer or other establishment subject to this ordinance shall locate, install, keep, maintain or use, or permit the location, installation, keeping, maintenance or use on his, her or its premises any vending machine for the purpose of. selling or distributing any tobacco product. Any tobacco vending machine in use on the effective date of this ordinance shall be removed within thirty (30) days after the effective date of this ordinance. E. Any person, business, tobacco retailer, or owner, manager or operator of any establishment subject to this ordinance who violates any provision of this section shall be deemed guilty, of a misdemeanor and upon conviction shall be subject to a fine as provided for in Penal Code Section 308(a). Section '28-9. Enforcement. A. Notice of these regulations shall be given to ali applicants for a business license. B. Enforcement of this ordinance shall be implemented by the Town Manager or his/her designee. C. ' Any citizen who desires to register a complaint under this ordinance may initiate enforcement with the Town Manager or his/her designee. D. The Fire District or the County Health Department shall require, while an establishment is undergoing otherwise mandated inspections, certification from the owner, manager, operator or other person having control of such establishment that all requirements of this ordinance have been complied with. E. County Health Inspectors, on their regular restaurant inspections, shall check for compliance wi[h sign posting requirements. Restaurants shall be notified in T I in California 'Cities ORDINANCE NO. 386 N.S. AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TIBURON REPEALING THE EXISTING CHAPTER 28 OF THE TIBURON MUNICIPAL CODE AND ADDING A NEW CHAPTER 28 PROHIBITING TOBACCO SMOKING IN PUBLIC PLACES AND PLACES OF EMPLOYMENT AND REGULATING THE SALE OF TOBACCO PRODUCTS THE TOWN COUNCIL OF THE TOWN OF TIBURON DOES ORDAIN AS FOLLOWS: SECTION 1; The existing Chapter 28 of the Tiburon Municipal Code (Ordinance No. 340 N.S.) entitled 'Smoking in Public Places is hereby repealed. This repeal shall not affect or prevent the prosecution or punishment of any person for any act done or omitted in violation of these chapters or sections prior to the effective date of this ordinance. SECTION 2. A new Chapter 28 entitled "Smoking and Tobacco Regulations" is hereby added to the Tiburon Municipal Code to read as follows: CHAPTER 28 SMOKING AND TOBACCO REGULATIONS Sections 28-1 Findings and Purpose 28-2 Definitions 28-3 Application to Town-Owned Vehicles and Facilities 28-4 Prohibition of Smoking in Public Places 28-5 Regulation of Smoking .in Places of Employment 28-6 smoking Optional Areas 28.7 Posting of Signs 28-8 Regulating the Sale of Tobacco Products ORDINANCE NO. 9i.059 · · ADOFT-r.D BY THE SACI:LA. ME.N~ro CITY COUNCIL " DEC 0 3 1991 ~ ON DATE OF AN. ORDINANCE ADDING AR~CL2. I1 (SECTIONS ~ 37.100-37.103) TO CHAPTER 37 OF THE ' " SACRAMENTO CITY CODE, PROHIBITING THE SAIE OF TOBACCO PRODUCTS FROM VENDING MACHINES BE IT ENACTED BY THE COUNCIL OF THE CITY OF SACRAMENTO: .-.'., ....... -". -.. -.:" '" :'. -: :-.., SEC'~ON 1 Article II (Section 37.100-37.103) is hereby a0~ed to Cha.o:er 37 of the Sacramento C;,~cy' Ccx:Je to read as follows: ARTICL-= II. TOBACCO VENDING MACHINES § 37.100 Purpose It. is the ;oiic¥ of the C;'ry CoUncit of the City of Sacramento, as expressed' in Ordinance No. 90-051, to prohibit ~he smoking of tobacco' Pro<3uo:s in enclosed public places and workplaces in order to reduce the invoiumary exposure of non-stool<ers to the harmful effects of second-hand smoke. Health hn?=r~s of exposure to second-hand smoke inclucie increased risk for cieveloping lung cancer, respiratory infection, broncho-constriction, and bronchospa~sm. The avaiiab~ity of tobacco products from vending machines located in public places such as restaurants, bowting alleys, stadiums, workptaces, and office buildings encourages smoking in these public places and increases the likelihood that non-smokers will be exposed to second-hand smoke. This ordinance prohibiting the sale of tobacco products from vending machines is enacted to further the '.. potic'! set forth in Ordinance No. 90-051 enacted by the City Council on October 9, 19C--.3. The City Council conctudes thai enforcement of Ordinance No.'-~-051 will be facilitated if the sale of tobacco produc*.s from venaing machines is prohibited. It is ~e pc~icy of the City' Council of the City of S~cramento to encourage enforcement of slate and local laws prohibiting the sale of tobacco products to, and the purchase of tobacco products by, minors. Unar~ende'fiJ ~obacco vending machines are a pdmary source of tobacco produc*.s for minors. Enactment .. of this ordinance will make it more difficult for minors to obtain tobacco prociucts uniawfuily. 1 FOR CYI'Y CLERKUSE ONLY 9i-OSS ORDINANCE NO.: ~ DEC 0 3 19 OAT[ ADO.= .~--D: § 37.101 Findings The C~y Counci~ finds as follows: 1. The vending of tobacc~ products from vending machines increases the likelihood that non- smokers will be exposed to second-hand smoke and makes enforcement of the C~'y"s no- smoking rules more difficult, because it encourages smokers to smoke in the pu~ic places where the vending machines are located. 2. The vending of tobacco products from vending machines increases the likelihood that minors will be al~e to purchase tobacco prcx:iucts, even.though the purchase of tobacco prO(3ucts Dy minors and the safe of tobacco products to minors is prot~ibited by share law. Based on evidence presef~[c--d [o it that tbs owner of a tobacco vending machine can recover the investment in the machine in approximately tt~ree years, tl3e City Council finds that a maximum cf three years, recJuced by the length of time the machine has alreacty been in use, is a reasonaDte amortization .period for tobacco vending machines currently in use within the Ci,'7 of Sacramento which cannot reasonaDly be converted to a different use. § 37.102 Definitions For t,~e purcoses of this article, the following terms shall be defined as set forth herein: (a) Tobacco product: Any tobacco cigare."re, cigar, pipe tobacco, smokeless tobacco, snuff, or any other form of roi=acco which may De utiiized for smoking, chewing, inhalation, or other manner of inges'.ion. (b) Tobacco vending machine: Any electronic or mechanical device the operation of which depends uD~3n the insertion of money, whether in coin or paper b~l, or other thing representative of value, which dispenses or vends a tobacco product. § =7.103 Sale o! Tobacco Products from Vending Machines Prohibited (a) No person, firm, or corporation shall locate, install, keep, maintain, or use or permit ;,he location, ins[atJation, keeping, maintenance, or use on his, her, or its premises of any tobacco .vending machine for the purl3ose of selling or distrfbuting any tobacco product therefrom. (b) Any to~acco vending machine in use on the effective date of this article shall be removed within nine.,:y. (90) days after the effective date. Notwithstanding the. previous sentence, any tobacco vending machine Which is the subject of a wr/t'ten contract authorizing its ins'.a~lation which was entered into prior {o the enactment of this article shall be removed within fifteen (15) days after the date spec/fled in 1 or.2 betow, whichever occurs later:. FOR cI'r'Y CLERK USE ONLY RI-OSS ORDi~A,N(~-'-. ~O.: DATE ADOP'~.: DEC 0 5 1991 1 1. The first date on which permissive termination of the wr~en contract, by the party on whose , premises the tobacco vending machine is located couid take effect tf ,&aid party elected to terminate, or the expiration date of the contract term in effect on the enactment date of this article i~ no provision of the agreement aumodzes permissive termination; 2. Ninety (SO) days at[er the effective date of this ordinance. Within tt~irry (30) days after the effective cJate of this ar~icte, any machine owner who' contends that a pronibi~ea tooacco ven0ing machine is entitled to remain in use pursuant to this subsection shall ... present a copy of the written contract ar~ an application tar extension of use which sets forth the applicant's calculation of the later of the two ~ates specified a~ove to the Director of Finance. The Director. or the Director's aesignee, shall review the suDm~als ancl issue a wr~en notice within sLxTy' (C:~) aays after sut~mrtCal o~ the aop~icmion which s~tes the last clare upon wnic,~ the machine may be ooerate~. A copy of the notice snaii be postc--'J on the macaine in p!ain view by the machine owner. (c) Within thirty (30) days a~er the effec*Jve date of this article, any person, firm, or corporation who purc.naSed 'a tobacco vending machine less than thirty-two (32) months prior to the enactment of this articJe for [ne purpose of using the tobacco venaing machine to sell or distribute tobacco procuc',s exclusively within :he City of Sacrame.n!o. an? who has not or will not have recovered his, her, or its 'investment therein by the date on wmcn mscontinuance of use is required pursuant to su=sec:ion (b) may apply to the Director of Finance for a use extension based on financial haraShiD. A use extension shall be granted if the Director of Finance. or the Director's aesignee appointeC to ccnsiaer the application, makes ail of the following findings: (0 that the machine was intended for use oniy with the City of Sacramento; (ii) that the machine owner has not or wiii not have recovered his, her, or its investment therein before me clare of rec!.uirea discontinuance; (i[~ that the machine owner has no practical way to recover the inves;ment in the-machine other man its continued use within the C~' of Sacramento as a tobacco vending machine; and (iv) that the investmen; not yet recovered exceeds ten percent (1~%) of the cost of the machine. " The lenmn of the use extension shall not excee.-J that additional time period estimated to be necessary to allow recovery, of the owner's investment; provioed, however, that no use extension shall be grantea which allows the total time during which the'machine will be in use within the City of Sacramento to exceea t,~ree (3) years. The. to=acco ven0ing machine cwner shall bear We burden of proof on each issue. The Director shalJ issue a written decision and notice within sixty Cars after suOm~al of the a~plication which s~,tes the las~ date upon which the machine .rnay be operated. A co~y of the nodce shall be posted on the machine in ptain view by the machine owner. 3 FOR CITY CLERK USE ONLY DEC 0 1 91 DATE ADOPZ~-D: (d) Any' aD~icant aggrieVed by the decision of the Director pursuan! to subsection (b) or (c). may appeal the decision to the C;,"'y Manager by ~ing a written notice of ap:~e~ with the Cb' Manager within ten (10) days after the date of the Director's wr~en decision. 'the notice of apl::~-.al shall- contain a bdef statement of the grounds for the aol:~eai. The City Manager. or the City Manager's · CesJgnee, s,hall review the aootication and the notice of appeal and may, by wr~en clecision, confirm or mOC:ify the Chief's determination. The decision of the City Manager shaJl be final. (e) Each application submit'ted pursuant to subsection (b) or (c) shaJi be accomDanied by a non- refundable application fee of $50 per machine. Violation of subsection (a) is a misdemeanor. Violation of any other provision of this articJe is an infrac[ion. DATE PASSED FOR PUBLICATION: November !'2, !99i DATE ENACTED: December 03, 1991 DA~: :rr:'~JVE: ' January 03, 199,~.. ANNE RUDIN 'MAYOR ATTEST: VALERE BURPcC:)WES CITY CLSRK 4 FOR CIT~' CLERK. USE ONLY 91-089 ORD;,NA:~CE .~0,: / D.A,~.-'.DOFT=2D: DEC U 5 1991 DRAFT 3/15/93 LEGISLATIVE AND LITIGATION COMMITTEE REPORT NO. - 93 MARCH 23, 1993 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL SUBJECT: RETAINING LOCAL CONTROL IN GOVERNMENT At the City CounCil meeting of November 18, 1992, Kelly Blanton spoke on behalf of the Kern Citizens for Effective Local Government. AS part of a continuing review of legislative' issues facing the City the Committee has reviewed the Citizens's "Guiding Principles for Local Governments" and "Action Plan." The principles advocated in these two documents encourages widespread participation in local government as a responsible and responsive way to assure the retention of local control in government. Therefore, the Legislative and Litigation Committee recommends the City Council accept this report and approve the resolution endorsing the Kern .Citizens for Effective .Local Government "Guiding Principles for .Local Governments" and "Action Plan." Respectfully submitted, Patricia Smith Patricia DeMond Lynn Edwards (L&LX) DRAFT 3/15/93 RESOLUTION NO. ~ A RESOLUTION SUPPORTING THE RETENTION OF. ~ LOCAL CONTROL IN GOVERNMENT WHEREAS,' the Kern Citizens for Effective Local Government is actively working toward widespread participation in local government with the intention of retaining local control, and WHEREAS, Proposition 13 resulted in a fundamental change in the fiscal relationship of the state and cities within it, and WHEREAS, the State has elected to require cities, counties and special districts to use their primary traditional revenue sources to backfill State mandated programs, and WHEREAS, the State has elected to "share the pain" caused by an economic crisis and a multi-million dollar State deficit by shifting the costs of its programs to the local level rather than taking proactive steps to stop expenditures or raise revenues at the State level, and WHEREAS, the City of Bakersfield is facing a $10 million dollar deficit in its budget due to the State's "passing' the buck" to local government and the current economic condition, and WHEREAS, the need to maintain local.control is paramount in dealings with the State, NOW, THEREFORE, BE IT RESOLVED that the Council of the City of Bakersfield must retain its ability to establish local spending priorities and limits based on local needs and revenues and encourages activities such as those of the Kern Citizens for Effective Local Government for retaining local control in government. FURTHER, BE IT RESOLVED that the City Council of the City of Bakersfield, in support of the proactive stance taken by the Kern Citizens for Effective Local Government, hereby endorses their "Guiding Principles for Local Governments" which advocates the need for citizens at the local level to work together to promote the common good, and their "Action Plan" which encourages widespread participation in local government as a responsible and action-oriented way to assure the retention of ~ocal control in government. .......... o00---: ...... 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: CITY CLERK and EX OFFICIO of the Council of the City of Bakersfield APPROVED ROBERT O. PRICE' MAYOR of the City of Bakersfield APPROVED AS TO FORM: LAWRENCE M. LUNARDINI CITY ATTORNEY, City of Bakersfield TTS:jp ('reso 1 ) DRAFT 3/15/93 LEGISLATIVE & LITIGATION COMMITTEE REPORT NO. - 93 MARCH 24, 1993· TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL SUBJECT: COUNCIL PROCEDURES In November, 1992, the .City Manager asked the Council to consider changes to two sections of the Bakersfield Municipal Code (Sections 2.04.070 and 2.04.090) relating to Council meetings and correspondence. After review by the Legislative and Litigation Committee, an amendment to Section 2.04.070 appeared as a first reading item on the Council agenda of March 3. The proposed change allows Council to respond in a timely fashion to needs generated at a specific meeting. A review of the City Charter, the Bakersfield MuniciPal Code.and State law, indicates that Section 2.04.090 does not need to be changed in order to accomplish the City Manager's' goal of developing quicker response times to routine requests. A new procedure could be established administratively. The City Manager, however, wants the Council to be informed of the proposed change before its institution. The current administrative procedure, which has.developed over time, directs individuals, either on City forms or as a matter of tradition', to notify Council of routine requests. The City Manager would like those requests which must by law be directed to certain departments to go directly to those departments without the delay of this initial informal noticing in the agenda process. This would reduce the time required for routine matters -- which already must go through a lengthy staff procedure and notification to Council as well as .in public hearings (Such as general plan amendments and street vacations) -- and' allow the City to expeditiously respond to requests. Substantive policy issues, as well as other non-routine matters, would continue to go to Council for direction. The Legislative and Utigation Committee supports the administrative change proposed by the City Manager. Therefore, the Committee recommends the City Council accept this report and direct the City Manager to implement the new procedure to expedite the agenda process on routine matters. Sincerely, Patricia. Smith Patricia DeMond Lynn Edwards (L&L) (031593;9:30)