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Home My WebLink About07/13/2000 BAKERSFIELD David Couch, Chair Patricia J. DeMond Jacquie Sullivan Staff: Trudy Slater REGULAR MEETING NOTICE LEGISLATIVE AND LITIGATION COMMITTEE of the City Council - City of Bakersfield Thursday, July 13, 2000 1:15 p.m. City Manager's Conference Room Second Floor - City Hall, Suite 201 1501 Truxtun Avenue, Bakersfield, CA AGENDA 1. ROLL CALL 2. ADOPT JUNE 22, 2000 AGENDA SUMMARY REPORT 3. PRESENTATIONS 4. PUBLIC STATEMENTS 5. DEFERRED BUSINESS A. REVIEW AND DISCUSSION REGARDING THE DEVELOPMENT OF A POLICY OF CERTIFICATION OF LOCAL COMMUNITY HOUSING DEVELOPMENT ORGANIZATIONS (CHDO's) B. REVIEW A. ND RECOMMENDATION REGARDING DRAFTING AN ORDINANCE OR RESOLUTION OUTLINING THE ANNEXATION PROCESS WITH CONSIDERATION OF SUGGESTIONS FROM THE ANNEXATION TASK FORCE; REVIEW OF DRAFT GUIDE TO ANNEXATION PROCESS 6. NEW 'BUSINESS A. REVIEW AND RECOMMENDATION RELATING TO INCREASING PENALTIES FOR LITTERING IN THE-CITY B. RECOMMENDATIONS'FOR LEAGUEVOTING.DELEGATE AND ALTERNATE DELEGATE TO LEAGUE ANNUAL CONFERENCE C. REVIEW AND RECOMMENDATION OF TIME WARNER CA'BLE REQUEST FOR A 24- MONTH WAIVER OF FRANCHISE FEES RELATING TO ROAD 'RUNNER INTERNET SERVICE, INCLUDING C'HARTER SECTIONS AND RESOLUTIONS. 7. COMMITTEE COMMENTS 8. ADJOURNMENT FILE COPY ,' - D AFT BAKERSFIELD : / Patricia J. DeMond / Jacquie Sullivan AGENDA SUMMARY REPORT LEGISLATIVE AND LITIGATION COMMITTEE Regular Meeting Thursday, June 22, 2000 1:15 p.m. City Manager's Conference Room 1. ROLL CALL Called to order at 1:20 p.m. Members present: Councilmember David Couch, Chair Councilmember Patricia DeMond Councilmember Jacquie Sullivan 2. ADOPT JUNE 8, 2000 AGENDA SUMMARY REPORT Adopted as submitted. · .. 3. PRESENTATIONS None. 4. PUBLIC STATEMENTS None. Agenda Summary Report DRAFT Legislative and Litigation Committee June 22, 2000 Page 2 5. DEFERRED BUSINESS A. REVIEW AND RECOMMENDATION REGARDING DRAFTING AN ORDINANCE OR RESOLUTION OUTLINING THE ANNEXATION PROCESS WITH CONSIDERATION OF SUGGESTIONS FROM THE ANNEXATION TASK FORCE; REVIEW OF DRAFT GUIDE TO ANNEXATION PROCESS Committee Chair David Couch announced to those attending that the meeting today needed to be completed by 2:45 .p.m. At Councilmember Jacquie Sullivan's request, City Attorney Bart Thiltgen handed out his memo relating to the difference between an ordinance and resolution and reiterated the differences between the two. City Clerk Pam McCarthy handed out the third draft of the information guide and went over changes item by item. It included changes in red with deletions struck through. Members from the public suggested, among others, changes to the sample protest letters. Councilmember Sullivan suggested samples needed to be simple and clear. Councilmember Couch suggested staff add a page in front of the samples emphasizing areas of importance when filling out protest forms even though they were itemized previously on page 5 of the guide. He emphasized the guide should not become a novel. Councilmember DeMond suggested putting the applicable information on page 5 in red. City Attorney Thiltgen indicated that on a voter registration protest letter, the name of the registered voter has to match. He will check with Mr. Rhoades on whether it would be a valid protest by a registered voter if that registered voter was not registered as residing within the area. Coun¢ilmember Couch stated the Committee would not be voting on the guide today. Staff was directed to schedule a Council workshop on July 19. Mr. Couch indicated the televised workshop would be a staff presentation to Council for information purposes and did not allow public comment. Workshops are held at 5:15 .p.m. in the Council Chambers. Councilmember DeMondindicated discussion on the guide and draft resolution would be held on the Committee's meeting of July 13, prior to the July 19 workshop. Councilmember Sullivan thanked Ms. McCarthy for all her efforts in developing the information guide. DRAFT Agenda Summary Report Legislative and Litigation Committee June 22, 2000 Page $ 6. NEW BUSINESS None 7. COMMITTEE COMMENTS None 8. ADJOURNMENT The meeting adjourned at 2:50 p.m. Staff Attendees: City Clerk Pam McCarthy, Assistant to the City Manager Darnell Haynes, Administrative Analyst Trudy Slater; City Attorney Bart Thiltgen Other Attendees: Stuart Baugher, James Burger, Barbara Fowler, Liz Keogh, Becky Kaiser, Ginger Mello (L&L\L000622.MIN.wpd) DRAFT RESOLUTION A RESOLUTION OF THE COUNCIL OF THE CITY OF BAKERSFIELD ESTABLISHING AN ANNEXATION POLICY FOR INHABITED ANNEXATION AREAS WHEREAS, the City desires to enhance its annexation policy to provide residents and property owners as well as City of Bakersfield staff maximum opportunity to plan for and coordinate the activities leading to inhabited area annexations by the City of Bakersfield; and WHEREAS, the Council approved Urban Development Committee Report 1-98 on May 20, 1998, improving and expanding opportunities for resident input on the annexation process; and WHEREAS, this resolution reflects the City's current annexation policy processes relating to annexation policy incorporating criteria contained within Urban Development Committee Report 1-98; and WHEREAS, the Council as a whole, and Council members in committee, have listened to individual concerns about the legal process and pre-legal informational process followed by the City of Bakersfield; and WHEREAS, City staff members have met with concerned citizens individually, attempted to answer their questions, and attended meetings of the County of Kern's Citizens Advisory Committee on Annexations; and WHEREAS, while the City strictly follows State annexation laws and will continue to do so, there is a consensus that additional avenues for resident input would open communications with residents affected by proposed inhabited area annexations; and WHEREAS, the County of Kern has encouraged the City to consider the voluntary actions proposed by its Citizens Advisory Committee on Annexations. NOW THEREFORE BE IT RESOLVED, by the Council of the City of Bakersfield that it is hereby the-policy of the Council of the City of Bakersfield that for annexations of inhabited areas initiated by the City staff shall comply with the following .requirements: 1) Provide for individual noticing of property owners of protest hearings. 2) Provide individual noticing to all addresses in the proposed annexation area. 3) When publishing legal newspaper notices relating to annexations, use display format entitled "Notice of Public Hearing" on the legal page which will include the words "proposed annexation" within the heading. Page 1 of 3 4) Develop and make available to the public at the City Clerk's Office an information guide which will provide a general outline of the annexation process, including examples of 1-3 above and sample written protest forms. This guide supercedes the' development of a Borderline issue detailing how the annexation process works. The guide will be annually reviewed by staff to determine the need for updating. 5) Place annexation information referenced in the information guide on the City's web page for access by the public, including upcoming meetings, important hearing dates, and additional information such as hypothetical examples of a property within a proposed annexation area which reflects possible changes in: a) costs or fees; b) the affects on the property tax bill; and c) a listing of potential City revenues and possible expenditures as a result of the proposed inhabited annexation. This use of the web page supercedes the use of the annexation hotline. 6) Hold at least one City services faire in each potential annexation area. 7) Work with proposed annexation area residents to coordinate a greater number of small neighborhood .meetings in each area so'that each resident has an opportunity to attend a meeting. 8) Continue to provide for no further City-initiated "bundling" of proposed annexation areas non-contiguous to each other. .......... 000 .......... Page 2 of 3 DRAFT I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the City Council of the City of Bakersfield at a regular meeting thereof held on , by the following vote: AYES: COUNCILMEM_BER CARSON, DeMOND, MAGGARD, COUCH, ROWLES, SULLIVAN, SALVAGGIO NOES: COUNClLMEMBER ABSTAIN: COUNClLMEMBER ABSENT: COUNCILMEMBER CITY CLERK and EX OFFICIO of the Council of the City of Bakesfield APPROVED BOB PRICE MAYOR of the City of Bakersfield APPROVED ASTO FORM: By: BART J. THILTGEN CITY ATTORNEY'S OFFICE of the City of Bakersfield (P:~L&L~,esolutionAnnexationPolicy-Draft) (6-15-00) Page 3 of 3 DRAFT ORDINANCE NO. AN ORDINANCE AMENDING SECTION 14 SUBSECTION (a) OF ORDINANCE NO. 2518 RELATING TO T~HE CABLE TELEVISION FRANCHIS'E OF .TIME WARNER ENTERTAINMENT ADVANCE/NEW HOUSE. WHEREAS, the City of Bakersfield has conducted a public hearing concerning the amendments to this franchise ordinance; and WHEREAS, the City Council has considered the comments and information provided at said public hearing; and WHEREAS, the City Council finds the supplying of highspeed internet service is a new and unique field requiring the City to give consideration to the opening of said new technological endeavors; and WHEREAS, the City of Bakersfield wishes to encourage the implementation of new technology; and WHEREAS, the waiver of certain franchise fees for the grantee herein will help to implement technological innovations; and WHEREAS, the City of Bakersfield finds that twenty-four months is sufficient to allow the implementation of said new technology; and WHEREAS, the City of Bakersfield retains the right to reduce the period of the fee exemption; and WHEREAS, the reduction of the period of the fee exemption will not constitute an amendment in the franchise itself and would not require a resolution and public hearing to enact. NOW, THEREFORE, .BE IT ORDAINED by the Council of the City of Bakersfield as follows: SECTION 1. Subsection (a) of Section 14 of Ordinance No. 2518 new series is hereby amended to read as follows: -- Page 1 of 3 Pages -- Section 14. Annual Payments to City (a) Except for supplying highspeed internet services, which shall be exempted from the annual payment requirement to City for not more than twenty-four (24) months following the passage of this ordinance amendment, by its acceptance of this franchise, the Grantee agrees to pay to the City annually in lawful money of the United States, five percent .(5%) of the Total Gross Receipts received by the Grantee in each calendar year, or a portion thereof, during the term of this franchise, from the furnishing of its CATV service within the franchise area. The City Council may, without further noticed hearings and at its sole discretion, reduce the period of exemption for highspeed internet service. SECTION 2. Except as otherwise amended herein, or previously amended by Agreement No. 95- 228, all other provisions of Ordinance No. 2518 shall remain full force and effect. SECTION 3. This ordinance shall be posted in accordance with the provisions of the Bakersfield Municipal Code and shall become effective thirty (30) days from and after the date of its passage. .......... o0o ........ -- Page 2 of 3 Pages -- I HEREBY CERTIFY that the foregoing Ordinance was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on by the following vote: AYES: COUNCILMEMBER CARSON, DEMOND. MAGGARD, COUCH. ROWLES. SULLIVAN. SALVAGGIO NOES: COUNCILMEMBER ABSTAIN: COUNCILMEMBER ABSENT: COUNCILMEMBER CITY CLERK and EX OFFICIO of the Council of the City of Bakersfield APPROVED: By:. BOB PRICE Mayor APPROVED AS TO FORM: BART J. THILTGEN · City Attorney By: ALAN D. DANIEL Deputy. City Attorney ADD:dlr:lsc S:\COUNClL\Ords\TimeWamerAmdOrd.wpd ' -- Page 3 of 3 Pages -- DRAFT ORDINANCE NO. AN ORDINANCE AMENDING SECTION 14 SUBSECTION (a) OF ORDINANCE NO. 1552 RELATING TO THE CABLE TELEVISION FRANCHISE OF COX COMMUNICATIONS BAKERSFIELD. WHEREAS, the City of Bakersfield has conducted a public hearing concerning the amendments to this franchise ordinance; and WHEREAS, the City Council has considered the comments and information provided at said public hearing; and WHEREAS, the City Council finds the supplying of highspeed internet service is a new and unique field requiring the City to give consideration to the opening of said new technological endeavors; and WHEREAS, the City of Bakersfield wishes to encourage the implementation of new technology; and WHEREAS, the waiver of certain franchise fees for the grantee herein will help to implement technological innovations; and WHEREAS, the City of Bakersfield finds that twenty-four months is sufficient to allow the implementation of said new technology; and WHEREAS, the City of Bakersfield retains the right to reduce the period of the fee exemption; and WHEREAS, -the reduction of the period of the fee exemption will not constitute an amendment inthe franchise itself and would not require a resolution and public hearing to enact. NOW, THEREFORE, B,E IT ORDAINED by the Council of the City of Bakersfield as follows: SECTION 1. Subsection (a) of Section 14 of Ordinance No. 1552 new series is hereby amended to read as follows: -- Page 1 of 3 Pages -- DRAFT Section 14. Annual Payments to City (a) Except for supplying highspeed internet services, which shall be exempted from the annual payment requirement to City for not more than twenty-four (24) months following the passage of this ordinance amendment, by its acceptance of this franchise, the Grantee agrees to pay to the City annually in lawful money of the .United States, five percent (5%) of the Total Gross Receipts collected or received, or in any manner gained or derived by the Grantee in each calendar year, or a portion thereof, during the term of this franchise, from the properties, operations and businesses referred to in section 2 hereof. The City Council may, without further noticed hearings and atits sole discretion, reduce the period of exemption for highspeed internet service. SECTION 2. Except as othe~ise amended herein, or previously amended'by Agreement No. 95- 229, all other provisions of Ordinance No.1552 shall remain full force and effect.. SECTION 3. This ordinance shall be posted in accordance with the provisions of the Bakersfield Municipal Code and shall become effective thirty (30) days from and after the date of its passage. .......... O00 .......... Page 2 of 3 Pages -- I HEREBY CERTIFY that the foregoing Ordinance was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on , by the following vote: AYES: COUNCILMEMBER(_ .;ON, DEMOND, MAGGARD, COUCH, ROWLES, SULLIVAN, SALVAGGIO NOES: COUNClLMEMBER ABSTAIN: COUNCILMEMBER ABSENT: COUNCILMEMBER CITY CLERK and EX OFFICIO of the Council of the City.of Bakersfield APPROVED: By: BOB PRICE Mayor APPROVED AS TO FORM: BART J. THILTGEN City Attorney By:, ALAN D. DANIEL Deputy City Attorney AOO:dlr:lsc S:\COUNClL\Ords\CoxAmdOrd.wpd -- Page 3 of 3 Pages -- DRAFT RESOLUTION NO. A RESOLUTION DECLARING THE CITY'S INTENTION TO MODIFY THE FRANCHISE AGREEMENTS WITH TIME WARNER ENTERTAINMENT ADVANCE/NEW HOUSE AND COX COMMUNICATIONS BAKERSFIELD. WHEREAS, Time Warner Entertainment Advance/New House ("Time Warner" herein) has requested a twenty-four (24) month franchise fee exemption; and WHEREAS, the City Council has determined' that such a fee exemption would be an amendment to the current franchise agreement between the City and Time Warner; and WHEREAS, the City Council believes it is appropriate and fair to.grant similar fee exemptions to Cox Communications Bakersfield ("Cox" herein) on the same terms and conditions that such fee exemption would be granted to Time Warner; and WHEREAS, said fee exemption request relates to Time Warner's new Roadrunner' Internet Service; and WHEREAS, a similar internet service is being contemplated by Cox; and WHEREAS, certain recent court decisions have impacted the City's ability to regulate internet service; and WHEREAS, the City wishes to remain flexible in its response to various court decisions while maintaining the ability to charge for the use of City streets in delivering various services; and WHEREAS, CITY wishes to encourage technological innovation and implementation; and WHEREAS, the fee exemption will be limited to revenues derived from Roadrunner Highspeed Internet Services and similar services to be-provided by Cox; and WHEREAS, the City desires to receive public input on the franchise fee exemption. NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of Bakersfield as follows: 1. The above recitals are true and correct and incorporated herein by reference. Page 1 of 3 2. The City Council hereby declares its intention to grant a franchise fee exemption to Time Warner and Cox relating to highspeed .internet service, not to exceed twenty-four (24) months. The CITY retains the right to reduce the period of the fee exemption to less than twenty-four (24) months. 3. The highspeed internet service fee exemption would apply to Time Warner Entertainment Advance/New House and Cox Communications Bakersfield. 4. Both Time Warner and Cox supply non-exclusive CATV services in areas franchised Within the City of Bakersfield and now wish to include highspeed internet services. 5.' The terms and conditions for the amendment to the franchises held by Time Warner and Cox for CATV service and highspeed internet service normally require the companies to pay a percentage of the gross receipts derived from supplying these services. The amendment would allow Time Warner and'Cox a fee exemption not to exceed twenty-four (24) months for revenues derived from supplying highspeed internet services, such as Roadrunner for the Time Warner company. The City Council may, without further noticed hearings and at its sole discretion, reduce the period of exemption for highspeed internet service. 6. The City Clerk is directed to publish a notice of a public hearing not less than once within 15 days of the passage of this Resolution announcing that a public hearing will be required on this Resolution. Said public hearing shall be held not less than 20, nor more than 60 days after the passage of this Resolution. 7. The .City Council may grant or deny the franchise amendment subject to the right of referendum by the people. .......... 000 .......... Page 2 of 3 D AFT 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: AYES: COUNCILMEMBER CARSON, DEMOND, COUCH, MAGGARD, ROWLES, SULLIVAN, SALVAGGIO NOES: COUNCILMEMBER ABSTAIN: COUNCILMEMBER ABSENT: COUNCILMEMBER CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED By BOB PRICE Mayor APPROVED AS TO FORM: BART J. THILTGEN City Attorney By ALAN D. DANIEL Deputy City Attorney ADD:dlr:lsc S:\CO UNClL\Resos\TimeWamerCoxCable Reso.wpd July 5, 2000 Page 3.of 3