HomeMy WebLinkAbout02/18/1999 BAKERSFIELD
David Couch, Chair
Patricia J. DeMond
Jacquie Sullivan
Staff: Trudy Slater
AGENDA
LEGISLATIVE AND LITIGATION COMMITTEE
Thursday, February 18, 1999
1:30 p.m.
City Manager's Conference Room ..
Second Floor - City Hall, Suite 201
1501 Truxtun Avenue
Bakersfield, CA
1. ROLL CALL
2. ADOPT SEPTEMBER 17, 1998 AGENDA SUMMARY REPORT
3. PRESENTATIONS
4. PUBLIC STATEMENTS
5. DEFERRED BUSINESS
A. TOBACCO SELF-SERVICE DISPLAY BAN UPDATE
6. NEW BUSINESS
A. AMPLIFIED SOUND ORDINANCE
B. REVIEW OF PETITION TO MODIFY BAKERSFIELD MUNICIPAL CODE,
CHAPTER 10.40, REMOVAL OF VEHICLES, RELATING TO PARKING FOR
BOATS, CAMPERS, ETC.
C. 1999 LEGISLATIVE PLATFORM
D. SET LEGISLATIVE AND LITIGATION CALENDAR
7. ADJOURNMENT
TS:jp
: . '- . Irma Carson
Patricia DeMond
AGENDA SUMMARY REPORT
LEGISLATIVE AND LITIGATION COMMITTEE
Regular Meeting
Thursday, September 17, 1998
4:00 p.m.
City Manager's Conference Room
1. ROLL CALL
Called to order at 4:20 p.m.
Members present: Councilmember Jacquie Sullivan, Chair
Councilmember Irma Carson
Councilmember Patricia DeMond
2. APPROVAL OF AUGUST 20, 1998 MEETING MINUTES
Approved as submitted.
3. PRESENTATIONS
None
4. PUBLIC STATEMENTS
None
Agenda Summary Report
Legislative and Litigation Committee
September 17, lg98
Page -2-
5. DEFERRED BUSINESS
A. RESOLUTION ENCOURAGING THE BANNING OF SELF-SERVICE
TOBACCO DISPLAYS
ChairPerson Jacquie Sullivan explained the proposed resolution urging a voluntary
ban on self-service tobacco displays had been pulled from the Council agenda at
the meeting of September 9 because the Tobacco Free Coalition of Kern had
provided her with additional information indicating there had been no legal
challenges to bans in other cities. She urged the committee to take a hard stand
on easy-access tobacco displays. She added cigarette companies provided
vendors with suitable displays where bans were in place.
Additional information items from the Tobacco Free Coalition were handed out to
the Committee and a short video played illustrating the ease with which under-age
children could get cigarettes. Photographs of self-service displays were also
passed around to the Committee. Dr. John Digges stated voluntary display bans
had not worked in other communities and an ordinance leveled the playing field on
tobacco sales.
Upon questioning, Chief Assistant City Attorney Bob Sherfy stated a number of
issues needed to be addressed, including: the immediate action of a resolution;
mechanisms for enforcement; the need to carefully craft the ordinance to avoid the
City's becoming a "test case" for challenges; pending court case which may
influence such ordinances; and the need to be especially careful as the state and
federal governments have numerous laws governing tobacco sales, advertising and
related issues. Mr. Sherry indicated Pasadena, a city similar in size to Bakersfield,
had an ordinance but was not yet enforcing it. That ordinance would eventually be
enforced through Pasadena's health department, which is operated by the City of
Pasadena and not the county.
The consensus of the Committee was to move forward with the resolution, and
members asked that it be placed on the next Council agenda as an item which
arose after the preparation of the agenda. The administrative report to the
resolution would explain the City was moving forward with crafting an ordinance
banning self-service tobacco displays.
A§enda Summary Report DRAFT
Legislative and Litigation Committee
September 17, 199~
Page -3-
The City Attorney's Office was further directed to begin working on a narrowly
defined ordinance which would comply with the needs of the City. Mr. Sherry was
asked to contact the County to seek its involvement and to see if shared
responsibility was an option.
Dr. John Digges will disseminate to the Community the resolution and a cover letter
from the Mayor. Other community-based organizations could help as well.
6. NEW BUSINESS
A. REVIEW AND RECOMMENDATIONS FOR LEAGUE OF CALIFORNIA
CITIES PROPOSED RESOLUTIONS
Administrative Analyst Trudy Slater indicated that recommendations had been
received from department heads on most resolutions and explained the reasons for
the vadous recommended positions. After discussion, the Committee directed staff
to forward to the City Council the following positions for the 21 proposed League
propositions:
Approve: Resolutions 1, 2, 13, 14, 15, 19, 21
Approve as amended: Resolutions 5, 6, 8, 9, 10, 16, 17
Refer to appropriate policy committee for study: Resolution 18
Amend and refer to appropriate policy committee for study: Resolutions 11
No action: Resolutions 4, 7, 12, 20
Disapprove: Resolution 3
The recommendations will be placed on the September 23 Council agenda for
Council approval and direction to the League Voting Delegate.
7. ADJOURNMENT
The meeting adjourned at 5:12 p.m.
Staff Attendees: Administrative Analyst Trudy Slater; Chief Assistant City Attomey Bob
Sherfy; and Deputy City Attorney Virginia Gennaro
Other Attendees: John Digges; Leslie Fiedler; Loren Hall; and Scarlett Sabin
(P:tL&LtL980917. MIN)
ORDINANCE NO. ~
AN ORDINANCE OF THE COUNCIL OF THE CITY OF
BAKERSFIELD AMENDING CHAPTER 9.24 OF THE
BAKERSFIELD MUNICIPAL CODE RELATING TO AMPLIFIED
SOUND.
BE IT ORDAINED by the Council of the City of Bakersfield as follows:
SECTION 1.
Chapter 9.24 of the Bakersfield Municipal Code is hereby amended to read as follows:
Chapter 9.24
AMPLIFIED SOUND
Sections:
9.24.010 Definitions.
9.24.020 Registration and information required.
9.24.030 Registration statement amendment.
9.24.040 Registration copies and display.
9.24.050 Regulations for use.
9.24.060 Amplification from aircraft prohibited.
9.24.070 Amplified sound from vehicles.
9.24.080 Revocation.
9.24.090 Appeal.
9.24.010 Definitions.
For the purpose of this chapter, the following words and phrases shall have the
meanings specified in this section:
A. "Central traffic district" means that portion of the city defined as such by Chapter
10.08 or any other ordinance hereafter adopted by the city.
B. "Sound equipment" means and includes any loudspeaker, public address system,
sound amplifier, radio or phonograph equipped with a loudspeaker or sound amplifier, or
any machine or device for the amplification or reproduction of the human voice, music or
any other sound, when operated or maintained in such a manner as to cause any such
sound to be audible to a person of average hearing faculties or capacity in, on or over any
Page 1 of 5
public street, highway, sidewalk, public building, park or other public place or any private
premises or vehicle other than that in or upon which any such machine or device is being
operated or maintained. It does not include the operation of any public address system,
loudspeaker or other machine or device for the necessary amplification or reproduction of
sound in connection with any program, entertainment, contest, public celebration,
performance, show, exhibit or similar event, with a volume no louder than necessary for
the convenient hearing of those within the building, enclosure or space in which such
program, entertainment, contest, public celebration, performance, show, exhibition or
similar event is staged or conducted; the operation of any radio receiving set, musical
instrument, phonograph or other machine or device for the producing or reproducing of
sound with a volume no louder than necessary for the convenient hearing of the person
or persons Who are within the room, building, vehicle, chamber, space or location in which
such machine or device is operated and are voluntary listeners thereto; or warning device
on authorized emergency vehicles or horns or other authorized emergency vehicles or
horns or other authorized warning devices on any vehicle used for traffic safety purposes.
C. "Sound truck" means any vehicle having mounted thereon, or attached thereto, any
sound equipment defined in subsection D of this section.
9.24.020 Registration and information required.
No person, other than personnel of law enforcement or governmental agencies, shall
operate, maintain, or cause, allow or permit to be operated or maintained any sound
equipment in the city before filing a registration statement in writing with the city manager
or his/her designee ten days prior to the date on which the sound equipment is to be used
on a form to be provided by said city manager or designee. Such statement shall be filed
in duplicate and shall contain the following information:
A. Name, address, and telephone number of:
1. Registrant;
2. The owner of the sound equipment;
3. The person in direct charge of the sound equipment; and
4. All persons who will use or operate the sound equipment.
B. A general description of the sound equipment which is to be used;
C. The location where such sound equipment is to be used; if on a sound truck, the
name and address of the registered owner and the license number of same, and a general
statement of the area or areas of the city in which such sound truck is to be operated;
D. A general statement of the purpose for which such sound equipment is to be used;
E. The proposed hours of operation of such sound equipment;
F. The dates of proposed operation of such sound equipment;
G. The applicant shall pay a fee not to exceed the cost of processing any such
application as set forth in Chapter 3.70.
9.24.030 Registration statement amendment.
All persons operating or maintaining, or causing, allowing or permitting to be operated
or maintained any sound equipment shall amend any registration statement filed pursuant
to this section within forty-eight hours after any change in the information therein furnished.
Page 2 of 5
9.24.040 Registration copies and display.
A. If the information on the registration statement demonstrates that the proposed
operation will be consistent with the regulations in Section 9.24.050, the city manager or
his/her designee shall return to each registrant under Section 9.24.020, one copy of said
registration statement duly certified as a correct copy of said statement.
B. Said certified copy of the registration statement shall be in the possession of any
person operating the sound equipment at all times, and said copy shall be displayed
promptly to any peace officer upon request.
9.24.050 Regulations for use.
The operation or maintenance of sound equipment shall be subject to the following
regulations!
A. Only music and human speech are permitted.
B. Operations are permitted only between the hours of nine a.m. and six p.m., of each
day; except, that sound equipment operating from a fixed location on private premises
included in a commercial or industrial zone by the provisions of Title 17 may be operated
between the hours of nine a.m. and ten p.m. of any day.
C. Sound equipment shall not be operated within one hundred yards of:
1. Any hospital;
2. Any school, except after school hours and on days when school is not in session
and when said school is not being used for the purpose of a public meeting;
3. Any church, except when the same is not being used for religious services or
classes;
4. The City Hall or Kern County Courthouses, except after five p.m. on weekdays or
on weekends or legal holidays;
5. Any mortuary or cemetery, When services are in progress.
D. No sound truck or sound equipment shall be operated or maintained within the
central traffic district, except that the city council may issue a permit for the installation and
operation of a stationary sound equipment affixed to a building for the reproduction or
amplification of music or bell tones to be reproduced at regular stated intervals and for a
stated period each time, during the day between nine a.m. and ten p.m., upon compliance
with all other provisions of this chapter and amendments thereto; and, provided further,
that the volume of sound shall be controlled so that it will not be audible for a distance of
more than six hundred feet from the point of location of said sound equipment; and,
provided further, that said permit may be revoked at any time by the city council, upon
satisfactory evidence that said use of said equipment is a nuisance to the surrounding
neighborhood, and disturbs and interferes with the reasonable and comfortable enjoyment
of life or property of persons residing or working in the neighborhood of said equipment.
E. The volume of sound shall be controlled so that it will not be audible for a distance
in excess of one hundred fifty feet from the exterior boundaries of the premises upon which
said sound equipment is located, and so that said volume is not unreasonably loud,
raucous, jarring, disturbing or a nuisance.
F.. When any loudspeaker, public address system, sound amplifier, radio or
phonograph equipped with loudspeaker, jukebox, or any other machine or device for the
Page 3 of 5
amplification or reproduction of the human voice, music or any other sound is so arranged,
operated or equipped that it can be heard both inside and outside of the building or
premises where the same is maintained, and said machine or device is operated at times
other than those in which the operation of sound equipment is permitted under the
provisions of this chapter, then such machine or device shall be equipped with a control
switch located inside such building or.premises, in such a manner that all speakers located
outside such building or premises can be turned off at times when the operation of sound
equipment is prohibited by this chapter.
9,24.060 Amplification from aircraft prohibited,
No person shall operate, or cause, allow or permit to be operated any aircraft for any
purpose in Or over the city from which any sound equipment is being operated with volume
sufficiently loud to be audible to a person of average hearing faculties or capacity in or on
any private premises in said city.
9,24.070 Amplified sound from vehicles,
Except as otherwise allowed under this chapter, no person shall use or operate or
permit to be used or operated a radio, tape player, tape recorder, compact disc player, or
any similar device in or attached to a vehicle whether moving, stopped or parked, occupied
or unoccupied, which is audible to a person of normal hearing sensitivity more than fifty
feet from said vehicle or, as to any vehicle not located on a public street, so audible more
than fifty feet from the property line of the property on which said vehicle is located. This
section shall not apply to acts proscribed by Vehicle Code Section 27007 after the
effective date of such section, to any sound system being operated to request assistance
or to warn of a hazardous situation, to any authorized emergency vehicle or vehicles
operated by gas, electric, communications or water utilities.
9,24,080 Revocation,
Any permit issued pursuant to this chapter may be immediately revoked by the city
manager or his/her designee whenever he/she finds:
A. That false or misleading statement(s) were made on the application; or
B. That the applicant has done any act related to the application involving dishonesty,
fraud, or deceit with the intent to substantially benefit himself or another, or substantially
injure another; or
C. That the permit holder has violated any provision of this ordinance or any other
applicable law; or
D. That any of the terms or conditions of said permit have been violated.
9,24.090 Appeal.
A. Should any applicant be dissatisfied with the decision of the city manager or his/her
designee not to grant a permit or for the revocation of a permit, then said applicant may,
no later than ten days after notice of such decision is deposited in the United States mail,
addressed to the applicant or permittee at the address provided on the application, make
written objection to the city council setting forth the grounds for dissatisfaction, whereupon
Page 4 of 5
the council shall hear said objections at a regular meeting no later than three weeks
following the filing of the objection with the city clerk. The applicant shall be given written
notice no less than three days prior to said hearing. The council may, upon said hearing,
sustain, suspend, or overrule the decision of the city manager or his/her designee, which
decision shall be final and conclusive.
B. Pending the hearing before the council, the decision of the city manager or his/her
designee shall remain in full force and effect and any reversal thereof by the city council
shall not be retroactive but shall take effect as of the date of the council's decision.
.......... oo000oo
I HEREBY CERTIFY that the foregoing Ordinance was passed and adopted by the
Council of the City of Bakersfield at a regular meeting thereof held on ,, by the
following vote:
AYES: COUNClLMEMBER CARSON, DEMOND, SMITH, MCDERMOTT, ROWLES, SULLIVAN, SALVAGGIO
NOES: COUNClLMEMBER
ABSTAIN: COUNClLMEMBER
ABSENT: COUNClLMEMBER
CITY CLERK and EX OFFICIO of the
Council of the City of Bakersfield
APPROVED:
BOB PRICE, MAYOR
CITY OF BAKERSFIELD
APPROVED AS TO FORM:
ROBERT M. SHERFY
CHIEF ASSISTANT CITY ATTORNEY
By:
MICHAEL G. ALLFORD
Assistant City Attorney
MGA\bsb
September 1, 1998
S:\COUNCIL\Ords~ampsoundl.ord..x Page 5 of 5
I g'D & PLACED ON RLE
January 17, 1999 ~1 ~O~l~ ~g~liQ OF
In reply to: City Ordinance Chapter 10.40 -
City Council Members
Office of the City Attorney
1501Tmxtun Avenue
Bakersfield, CA 93301
Dear City Council Members,
We the undersigned concerned citizens of Bakersfield are strongly in favor of proposed
changes to City Ordinance, Chapter 10.40, Removal of Vehicles. We feel the change is
necessary to protect our property value. We further recommend the following additions
to Section 1, 10.32.145, paragraph A.
No trailer, boat or motor coach of any length shall be parked or left standing upon any
street in any residential district between the hours of 2:00 a.m. and 6:00 a.m. unless a
permit has first been issued by the Chief of Police. (Proposed changes are underlined)
We also feel that the following subparagraph (3) be added to Paragraph A.
3. For out of town visitors, a seventy-two hour permit may be issued so long as
the vehicle being used by the visitors is parked on the street adjacent to the
property being visited. This permit would be issued one time per year for any
one vehicle.
Sincerely,
January 17, 1999
In reply to: City Ordinance Chapter 10.40
City Council Members
Office of the City Attorney
1501Tmxtun Avenue
Bakersfield, CA 93301
Dear City Council Members,
We the undersigned concerned citizens of Bakersfield are strongly in favor of proposed
changes to City Ordinance, Chapter 10.40, Removal of Vehicles. We feel the change is
necessary to protect our property value. We further recommend the following additions
to Section I, 10.32.145, paragraph A.
No trailer, boat or motor coach of any length shall be parked or left standing upon any
street in any residential district between the hours of 2:00 a.m. and 6:00 a.m. unless a
permit has first been issued by the Chief of Police. (Proposed changes are underlined)
We also feel that the following subparagraph (3) be added to Paragraph A.
3. For out of town visitors, a seventy-two hour permit may be issued so long as
the vehicle being used by the visitors is parked on the street adjacent to the
property being visited. This permit would be issued one time per year for any
one vehicle.
Sincerely,
January 17, 1999
In reply to: City. Ordinance Chapter 10.40
City Council Members
Office of the City Attorney
! 501Truxtun Avenue
Bakersfield. CA 93301
Dear City Council Members,
We the undersigned concerned citizens of Bakersfield are strongly in favor of proposed
changes to City Ordinance, Chapter 10.40, Removal of Vehicles. We feel the change is
necessary to protect our property value. We further recommend the following additions
to Section 1, 10.32.145, paragraph A.
No trailer, boat or motor coach of any length shall be parked or left standing upon any
street in any residential district between the hours of 2:00 a.m. and 6:00 a.m. unless a
permit has first been issued by the Chief of Police. (Proposed changes are underlined)
We also feel that the following subparagraph (3) be added to Paragraph A.
3. For out of town visitors, a seventy-two hour permit may be issued so long as
the vehicle being used by the visitors is parked on the street adjacent to the
properxy being visited. This permit would be issued one time per year for any
one vehicle.
Sincerely,
January. 17, 1999 ~--
In reply to: City Ordinance Chapter 10.40
City Council Members
Office of the City Attorney
1501Tmxtun Avenue
Bakersfield. CA 93301
Dear Ciw Council Members,
We the undersigned concerned citizens of Bakersfield are strongly in favor of proposed
changes to City Ordinance, Chapter 10.40, Removal of Vehicles. We feel the change is
necessary to protect our property value. We further recommend the following additions
to Section 1, 10.32.145, paragraph A.
No trailer, boat or motor coach of any length shall be parked or left standing upon any
street in any residential district between the hours of 2:00 a.m. and 6:00 a.m. unless a
permit has first been issued by the Chief of Police. (Proposed changes are underlined)
We also feel that the following subparagraph (3) be added to Paragraph A.
3. For out of town visitors, a seventy-two hour permit may be issued so long as
the vehicle being used bv the visitors is parked on the street adjacent to the
property, being visited. This permit would be issued one time per year for any
one vehicle.
Sincerely,
i
January 17, 1999
In reply to: City Ordinance Chapter 10.40
City Council Members
Office of the City Attorney
1501Tmxtun Avenue
Bakersfield, CA 93301
Dear City Council Members,
We the undersigned concerned citizens of Bakersfield are strongly in favor of proposed
changes to City Ordinance, Chapter 10.40, Removal of Vehicles. We feel the change is
necessary to protect our property value. We further recommend the following additions
to Section 1, 10.32.145, paragraph A.
No trailer, boat or motor coach of any length shall be parked or lef~ standing upon any
street in any residential district between the hours of 2:00 a.m. and 6:00 a.m. unless a
permit has first been issued by the Chief of Police. (Proposed changes are underlined)
We also feel that the following subparagraph (3) be added to Paragraph A.
3. For out of town visitors, a seventy-two hour permit may be issued so long as
the vehicle being used by the visitors is parked on the street adjacent to the
property being visited. This permit would be issued one time per year for any
one vehicle.
Sincerely,
/
January 17, 1999
In reply to: City Ordinance Chapter 10.40
City Council Members
Office of the City Attorney
1501Truxtun Avenue
Bakersfield, CA 93301
Dear City Council Members,
We the undersigned concerned citizens of Bakersfield are strongly in favor of proposed
changes to City Ordinance, Chapter 10.40, Removal of Vehicles. We feel the change is
necessary to protect our property value. We further recommend the following additions
to Section 1, 10.32.145, paragraph A.
No trailer, boat or motor coach of any length shall be parked or let~ standing upon any
street in any residential district between the hours of 2:00 a.m. and 6:00 a.m. unless a
permit has first been issued by the Chief of Police. (Proposed changes are underlined)
We also feel that the following subparagraph (3) be added to Paragraph A.
3. For out of town visitors, a seventy-two hour permit may be issued so long as
the vehicle being used by the visitors is parked on the street adjacent to the
property being visited. This permit would be issued one time per year for any
one vehicle.
Sincerely,
January ! 7, 1999
In reply to: City. Ordinance Chapter 10.40
City Council Members
Office of the City Attorney
i 501Truxtun Avenue
Bakersfield, CA 93301
Dear City Council Members,
We the undersigned concerned citizens of Bakersfield are strongly in favor of proposed
changes to City Ordinance, Chapter I0.40, Removal of Vehicles. We feel the change is
necessary to protect our property value. We further recommend the following additions
to Section 1, 10.32.145, paragraph A.
No trailer, boat or motor coach of any lenlk, t. h shall be parked or lef~ standing upon any
street in any residential district between the hours of 2:00 a.m. and 6:00 a.m. unless a
permit has first been issued by the Chief of Police. (Proposed changes are underlined)
We also feel that the following subparagraph (3) be added to Paragraph A.
3. For out of town visitors, a seventy-two hour permit may be issued so long as
the vehicle being used by the visitors is parked on the street adjacent to the
property, being visited. This permit would be issued one time per year for anv
one vehicle.
Sincerely,
Sanuarv 17, 1999
In reply to: City. Ordinance Chapter 10.40
City Council Members
Office of the City Attorney
1501T~xtun Avenue
Bakersfield, CA 93301
Dear City Council Members, .-
We the undersigned concerned citizens of B~ersfield are strongly in favor of proposed
changes to City Ordinance, Chapter 10.40, Removal of Vehicles. We feel the change is
necessary to protect our property value. We further recommend the following additions
to Section 1, 10.32.145, paragraph A.
No trailer, boat or motor coach of any length shall be parked or left standing upon any
street in any residential district between the hours of 2:00 a.m. and 6:00 a.m. unless a
permit has first been issued by the Chief of Police. (Proposed changes are underlined)
We also feel that the following subparagraph (3) be added to Paragraph A.
3. For out of town visitors, a seventy-two hour permit may be issued so long as
the vehicle being used by the visitors is parked on the street adjacent to the
property, being visited. This permit would be issued one time per year for anv
one vehicle.
January 17, 1999
In reply to: City Ordinance Chapter 10.40
City, Council Members
Office of the Cib' Attorney
1501Tmxtun Avenue
Bakersfield, CA 93301
Dear Ci~' Council Members,
We the undersigned concerned citizens of Bakersfield are strongly in favor of proposed
changes to City. Ordinance, Chapter 10.40, Removal of Vehicles. We feel the change is
necessary to protect our property value. We further recommend the following additions
to Section 1, 10.32.145, paragraph A.
No trailer, boat or motor coach of any len~h shall be parked or left standing upon any
street in any residential district between the hours of 2:00 a.m. and 6:00 a.m. unless a
permit has first been issued by the Chief of Police. (Proposed changes are underlined)
We also feel that the following subparagraph (3) be added to Paragraph A.
3. For out of town visitors, a sevenW-two hour permit may be issued so long as
the vehicle being used by the visitors is parked on the street adjacent to the
property being visited. This permit would be issued one time per year for any
one vehicle.
Sincerely,
January. 17, 1999
In reply to: City Ordinance Chapter 10.40
City Council Members
Office of the City Attorney
1501Truxtun Avenue
Bakersfield, CA 93301
Dear Cit3' Council Members,
We the undersigned concerned citizens of Bakersfield are strongly in favor of proposed
changes to City Ordinance, Chapter 10.40, Removal of Vehicles. We feel the change is
necessary to protect our property, value. We further recommend the following additions
to Section 1, 10.32.145, paragraph A.
No trailer, boat or motor coach of any length shall be parked or left standing upon anv
street in any residential district between the hours of 2:00 a.m. and 6:00 a.m. unless a
permit has first been issued by the Chief of Police. (Proposed changes are underlined)
We also feel that the following subparagraph (3) be added to Paragraph A.
3. For out of town visitors, a seventv-two hour permit may be issued so long as
the vehicle being used by the visitors is parked on the street adjacent to the
· property being visited. This permit would be issued one time per year for any
one vehicle.
Sincerely,
CITY OF BAKERSFIELD
'1998 LEGISLATIVE PLATFORM
THE CITY OF BAKERSFIELD PROVIDES GOVERNMENTAL DECISION MAKING AT THE LEVEL
CLOSEST TO THE PEOPLE. IT, THEREFORE, IS INCUMBENT UPON ITS ELECTED OFFICIALS TO
PROVIDE LEGISLATIVE LEADERSHIP WITHIN THE CITY'S BORDERS AS WELL AS WHEN DEALING WITH
OTHER LEGISLATIVE ENTITIES. THE FOLLOWING POLICY STATEMENTS REFLECT THE LEGISLATIVE
PLATFORM OF THE CiTY OF BAKERSFIELD FOR 1998.
GENERAL POLICY STATEMENTS
SUPPORT LEGISLATION WHICH ENHANCES THE CITY'S FISCAL AUTONOMY AND CHARTER
CITY STATUS TO ALLOW FOR DISCRETIONARY AUTHORITY OVER LOCAL, STATE AND/OR FEDERALLY
MANDATED PROGRAMS.
SUPPORT LEGISLATION WHICH PROVIDES FOR GOVERNMENTAL DECISION MAKING AT THE
LEVEL CLOSEST TO THE PEOPLE WHENEVER IT IS MOST LIKELY TO PRODUCE THE MOST EFFECTIVE
AND EFFICIENT RESULT.
SUPPORT LEGISLATION WHICH ENHANCES THE CITY'S LAND USE DECISION-MAKING
AUTHORITY.
OPPOSE LEGISLATION WHICH ALLOWS STATE CONTROL OVER AND USE OF TRADITIONAL
MUNICIPAL GOVERNMENT REVENUE SOURCES.
OPPOSE LEGISLATION WHICH DETRIMENTALLY IMPACTS THE LOCAL ECONOMY.
OPPOSE LEGISLATION THAT PLACES GOVERNMENTAL AGENCIES IN COMPETITION FOR
LIMITED FISCAL RESOURCES OR ENCOURAGES SHIFTING OF SERVICE RESPONSIBILITY WITHOUT
PROVIDING ADEQUATE FUNDING.
QUALITY OF LIFE
SUPPORT LEGISLATION WHICH PROMOTES SAFE, EFFICIENT, COST EFFECTIVE, AND
RESPONSIBLE MANAGEMENT OF THE ENVIRONMENTAL COMPONENTS OF ISSUES SUCH AS AIR AND
WATER QUALITY, TRANSPORTATION, WASTEWATER TREATMENT, AND SOLID WASTE MANAGEMENT.
SUPPORT LEGISLATION WHICH INCREASES CITY PARTICIPATION IN STATE AND FEDERAL
ISSUES OF REGIONAL CONCERN.
SUPPORT LEGISLATION WHICH PROVIDES CONTINUED FUNDING OF CULTURAL,
RECREATIONAL AND OPEN SPACE PROGRAMS.
SUPPORT LEGISLATION THAT CALLS FOR APPROPRIATE MUNICIPAL REPRESENTATION ON
POLICY-MAKING BODIES WITH INTER JURISDICTIONAL POWERS (I.E., THE LOCAL AGENCY
FORMATION COMMISSION, THE COUNCIL OF GOVERNMENTS, AND IMPROVEMENT DISTRICT #4).
SUPPORT LEGISLATION WHICH PROVIDES APPROPRIATE FUNDING MECHANISMS FOR THE
PROVISION OF LOCAL PUBLIC SAFETY SERVICES.
GENERAL GOVERNMENT
SUPPORT LEGISLATION WHICH EXPANDS THE CITY'S ABILITY TO DEAL ON A STATE LEVEL
WITH STATE-MANDATED ISSUES AFFECTING THE EINANClAL CONDITION OF THE CITY.
SUPPORT LEGISLATION WHICH ENHANCES MUNICIPAL CONTROL OVER PROGRAM SCOPE,
IMPLEMENTATION, AND FUNDING.
SUPPORT LEGISLATION WHICH PROVIDES FOR EQUITABLE DISTRIBUTION OF STATE FUNDS
FOR CITY PROGRAMS. '."!.~'~,¥:
SUPPORT LEGISLATION WHICH FACILITATES AND EXPEDITES MUNICIPAL ANNEXATION
EFFORTS.
OPPOSE LEGISLATION WHICH INTRUDES INTO THE CITY'S COLLECTIVE BARGAINING
PROCESS.
FINANCES
SUPPORT LEGISLATION WHICH ADVOCATES RESPONSIBLE AND REASONABLE STATE-
MANDATED PROGRAMS IF REVENUES ARE PROVIDED AND SUCH LEGISLATION IS OF CLEAR BENEFIT
TO THE CITY.
SUPPORT LEGISLATION WHICH PROMOTES CONTINUED ECONOMIC DIVERSIFICATION OF THE
LOCAL ECONOMY.
SUPPORT LEGISLATION WHICH REDUCES THE NEGATIVE FINANCIAL AND OPERATIONAL
IMPACTS OF TAX INCREMENT FINANCING ON AFFECTED AGENCIES.
SUPPORT LEGISLATION WHICH IMPROVES CITY GOVERNMENT'S ABILITY TO FINANCE
DISCRETIONARY PROGRAMS.
OPPOSE THE IMPOSITION OF FEES AT THE MUNICIPAL LEVEL TO FUND STATE PROGRAMS
NOT RELATED TO MUNICIPAL MATTERS.
LEGISLATIVE AND LITIGATION COMMITTEE CALENDAR
1999 PROPOSED SCHEDULE
Legislative & Litigation Committee Meetings [-"-'] Council
Meetings
(7
p.m.)
1:30 p.m., City Manager's Conference Room Workshops/Closed sessions (5:15 p.m.)
Holidays ~.) Hearings 6/16, 6/30/99 @ 7:00P.M.
Mondays at noon; Wednesdays at 5:15 p.m.
(Info as of 11-18-98; Res. 144-98)
JANUARY FEBRUARY MARCH
S M T W TH F S S M T W TH F S S M T W TH F S
~ 2 1 2 3 4 5 6 1 2 3 4 5 6
10 11 12 14 15 16 14 ~ 16 19 20 14 15 16 I 17 19 20
17 ~i~ 19 20 21 22 23 21 22 23 1241 25 26 27 21 22 23 24 25 26 27
31
APRIL MAY JUNE
S M T W TH F S S M T W TH F S S M T W TH F S
1 2 3 1 1 2 3 4 5
4 5 6 7 8 9 10 2 3 4 5 6 7 8 6 7 8 9 10 11 12
25 26 27 ~ 29 30 23~ 25~--~--1~'~26,)1 27 28 29 27 28 29 ~
JULY AUGUST SEPTEMBER
S M T W TH F S S M T W TH F S S M T W TH F S
1 2 3 1 2 3 4
18 19 20 23 24 15 16 17 21 19 122 J23
25 26 27 28 29 30 31 22 23 24125126 27
28
26
27
28
29
30
29 30 31
OCTOBER NOVEMBER DECEMBER
S M T W TH F S S M T W TH F S S M T W TH F $
1 2 1 21314 5 6 1 2 3 4
3 4 5 I 6 I 7 8 9 7 8 9 10._._.~,_i'~ 12 13 5 6 7 8 9 10 11
10 11 12 13 14 15 16 14 15 181 t71F1 l119 20 12 13 1411511 117 18
17 18 19 12o 22 23 21 22 23 24 ~~ 27 19 20 21 22 23
24 25 26 27 28 29 30 28 29 30 26 27 28 29 30
31
(p:\l&l\l&lca199.wb2)
Approved at Committee meeting of