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HomeMy WebLinkAbout10/22/2001 BAKERSFIELD Sue Benham, Chair David Couch Jacquie Sullivan Staff: Trudy Slater REGULAR MEETING NOTICE LEGISLATIVE AND LITIGATION COMMITTEE of the City Council - City of Bakersfield Monday, October 22, 2001 1:00 p.m. City Manager's Conference Room Second Floor - City Hall, Suite 201 1501 Truxtun Avenue, Bakersfield, CA AGENDA 1. ROLL CALL 2. ADOPT SEPTEMBER 24, 2001 AGENDA SUMMARY REPORT 3. PUBLIC STATEMENTS 4. DEFERRED BUSINESS A. REVIEW, DISCUSSION, AND RECOMMENDATIONS RELATING TO SUBCOMMITTEE'S REVIEW OF ANNEXATION PROCEDURES B. REVIEW, DISCUSSION, AND RECOMMENDATIONS RELATING TO STREAMLINING COUNCIL MEETINGS 5. NEW BUSINESS A. REVIEW, DISCUSSION, AND RECOMMENDATIONS RELATING TO PROPOSED FIREWORKS ORDINANCE CHANGES 6. COMMITTEE COMMENTS 7. ADJOURNMENT B' A R S F I E L D Alan T er Sue Benham, Chair Staff: Trudy Slater David Couch Jacquie Sullivan AGENDA SUMMARY REPORT LEGISLATIVE AND LITIGATION COMMrR'EE Regular Meeting Monday, September 24, 2001 1:00 p.m. City Manager's Conference Room 1. ROLL CALL Called to order at 1:06 p.m. Members present: Councilmember Sue Benham, Chair Councilmember David Couch, arriving 1:08 p.m. Councilmember Jacquie Sullivan 2. ADOPT AUGUST 27, 2001 AGENDA SUMMARY REPORT Adopted as submitted. 3. PUBLIC STATEMENTS None. 4. DEFERRED BUSINESS A. DISCUSSION AND REVIEW RELATING TO 'LAFCO ANNEXATION PROCEDURES Committee Chairperson Sue Benham accepted Mr. Stuart Baugher's submission for Committee review. After Committee discussion focusing on past practices, the need to provide flexibility to accommodate different needs and requirements, and the desire to be positive and fair, Chairperson Benham made a motion to appoint a subcommittee including Councilmember David Couch and representatives from the City Clerk's Office, the City Attorney's Office, the City Manager's Office, and Development Services to develop a flexible "pre-application" process and report back to the Committee. Councilmember Couch indicated his willingness to accept this assignment. Councilmember Jacquie Sullivan approved this approach as one which would be working from "the inside out." Agenda Summary Report Legislative and Litigation Committee September 24, 2001 Page 2 There will be an attempt made to bring the subcommittee's recommendations beck to the next Legislative and Litigation Committee meeting. Mr. Baugher's submission at the Committee meeting and Mrs. Fowler's packet information would be included in subcommittee discussions. City Clerk Pam McCarthy will coordinate the dissemination of information to Committee attendees interested in this issue if it is available prior to the next Committee meeting. B. DISCUSSION, REVIEW AND RECOMMENDATION REGARDING MINUTES OF CLOSEDSESSlONS City Attorney Bart Thiltgen discussed his memorandum dated September 21,2001, handed out at the Committee meeting, reiterating his recommendation against tape recording of meetings as it could put the organization at risk in the instance of any claim being made that the City was in violation of the Brown Act. The current process used is protected under Attorney-Client privilege, and he recommended retaining the status quo. Councilmember Sullivan reiterated, and City Attorney Thiltgen concurred, that individual Councilmembers could take notes if they wanted. It was motioned, seconded, and unanimously passed by the Committee to have the City Attorney continue current practice relating to closed sessions with the proviso that individual Councilmembers could direct the City .Attorney to take notes on issues for which -they felt it was necessary. 5. NEW BUSINESS A. STREAMLINING COUNCIL MEETINGS City Manager Alan Tandy reviewed his memorandum of September 18, 2001, which included Councilmember Harold Hanson's recommendations. He explained the rationale behind staff's positions on "recommended actions" and "non-recommended actions." Assistant City Clerk Roberta Gafford handed out a City Clerk Survey regarding the operations of other cities' council meetings. Councilmember Sullivan commented that shortening attempting to shorten Council meetings was up to Councilmembers; as a group.the Council could -try to keep comments brief and effective. Chairperson Benham indicated a Councilmember trend for each Councilmember to explain the rationale for their votes. She encouraged such statements only when they were very important and non-repetitive. After considerable discussion and general agreement that change was needed to expedite Council meetings, the Committee recommended and approved recommended actions 1-8 and 10-11. Other avenues to expedite Council meetings could include combining hearings not appealed into one motion and planning ahead for a second meeting during General Plan Amendment hearings. The City Attorney will prepare the necessary ordinance changes for Council approval. Agenda Summary Report Legislative and Litigation Committee September 24, 2001 Page 3 B. REVIEW, DISCUSSION, AND RECOMMENDATIONS RELATING TO AMENDMENTS TO BAKERSFIELD MUNICIPAL CODE SECTION 2.04.010 REGARDING HEARING PROCEDURES Per City Attorney Thiltgen, this item was addressed in the previous agenda item. C. REVIEW AND DISCUSSION RELATING TO DRAFTING A RESOLUTION OF SUPPORT FOR THE FILIPINO VETERAN EQUITY BILL OF RIGHTS PER A REQUEST FROM ELENA CALAUSTRO Administrative Analyst Trudy Slater explained the referral made to the COmmittee relating to a resident's request for a,resolution of support for the Filipino Veterans Equity Bill of Rights. State and federal.bills had been proposed supporting the effort. Assembly Joint Resolution was in enrollment awaiting forwarding to the Governor of California. Federal legislation H.-R. 491 and S.1042 were in committee. TheCommittee reviewed a draft resolution prepared by staff. Chairperson Benham supported the language relating to encouraging the full and serious consideration of the petition. The motion was made, seconded, and passed to forward the proposed resolution to Council for approval. 6. COMMFi-I'EE 'COMMENTS None. 7. ADJOURNMENT The meeting adjourned .at 2:53 p.m. Staff Attendees: City Manager Alan Tandy, Assistant City Manager John Stinson, Administrative Analyst Trudy Slater, City Clerk Pam McCarthy, Assistant City Clerk Roberta Gafford; City Attorney Bart Thiltgen, Deputy City Attorney Virginia Gennaro; Development Services Director Jack Hardisty Other Attendees: Ray Allen, Stuart Baugher, Barbara Fields, James Burger, Becky Kaiser, Barbara Fowler, Tammy Brown (L010924.MIN) October 17, 2001 MEMORANDUM TO: Chairperson Benham, Members Couch and Sullivan of the Legislative and Litigation Committe¢~ FROM: Mayor Harvey L. Hall SUBJECT: Streamlining Council Meetings With the item of streamlining Council Meetings on your next agenda, I would like to relay to you my thoughts regarding this for your consideration. In my review of the Administrative Report dated October 3, 2001, I concur with all items except #2. I do not feel we should require members of the public who wish to address the Council on non- agenda items to wait to the end of the meeting to speak. Although there were some concerns addressed regarding non-controversial appeals before the City Manager, I see no real problem with this process. Policy could dictate that the Council would have the authority to overturn City Manager decisions. I would like to see the following suggestions seriously considered by the Committee: · Set an adjournment time of 11:00 - 11:30 p.m. It is difficult to be productive after that hour. Additionally, I believe consideration should be given to the many support staffs who stay for Council' Statements and must report to work early the next morning. · Limit Council discussion to no longer than 60 minutes per item. This should give ample time for all Councilmembers to express their thoughts without becoming repetitive. 1501 Truxtun Avenue · Bakersfield, California 93301 · (661) 326-3770 · Fax (661) 326-3779 E-mail address: mayor@ci.bakersfield.ca.us Legislative and Litigation Committee October 17, 2001 Page 2 I recently received from the City Clerk a copy of Policy Resolution No. 19 from the City of Napa regarding Operations and Rules of Order for Council meetings. I felt this material would be informative for Committee Members and have attached it hereto. I know that we all agree the business of the City must be taken care of in an expeditious and professional manner. I look forward to your suggestions and offer you my support in bringing this to fruition. :pmc Attachment cc: Alan Tandy, City Manager POLICY RESOLUTION NO..19 POLICY RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NAPA ESTABLISHING POLICY PERTAINING TO NORMS OF OPERATION AND RULES OF ORDER AND PROCEDURE FOR CITY COUNCIL MEETINGS WHEREAS, it is critical to the successful operation of any public or private organization and agency, that rules, standards, or norms be established to define the roles, responsibilities and expectations of the governing board and staff in the operation of the organization; and WHEREAS, the establishment of rules, standards or norms by a City Council will promote under- standing and trust among members of the City Council and City Staff concerning their roles, responsibilities, and expectations for the operation of the City; and WHEREAS, periodic review will assist each new member of the City Council to better understand their responsibility and role as a Councilmember. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Napa, State of California, that policy pertaining to Norms of Operation and Rules of Order and Procedure for City Council Meetings is hereby established as follows: PART I. CITY COUNCIL NORMS OF OPERATION Section 1. OPERATION OF CITY COUNCIL MEETINGS A. In order to ensure that all members of the public have an opportunity to speak and that the Council is able to complete its business, there will be a five-minute limitation on comments by the public unless otherwise prohibited by law. In order to effectively enforce this rule, the City Clerk will monitor the time for each speaker with an electronic timer. The timer will beep at the one-minute remaining point, and again at the five-minute point. B. The Council will generally take a 15-minute break around 8:00 p.m. C. Significant changes to, or proposed, City ordinances shall be set for public hearing. D. Closed sessions of the City Council shall be conducted prior to the 6:30 p.m. business portion of regular meetings. If necessary, Closed Sessions not completed prior to the 6:30 p.m. business portion will be considered at the conclusion of the business portion of the meeting, or as otherwise determined by the City Council. E. The Council will not hold public hearings on items not listed under Hearings and Appeals. If just one or two people desire to speak on the item, the Council may listen to their comments. F. Members of Council should not get into a debate with a member of the public or Staff at Council meetings since these debates seldom resolve concerns and many times inflame feelings at a public meeting. Any concerns by a member of Council over the behavior or work of a City employee during a Council meeting should be directed to the City Manager privately to ensure the concern is resolved. G. City Council agenda items that are continued from one meeting to another shall have preference on the agenda under the same agenda category. H. The City Council shall, on a quarterly basis, agendize and prioritize those items to be scheduled as future Council study session topics. P:\City Clerk - Read Only\Policy Resolutions\Policy Resolution No. 19 .doc Page 1 of 15 I. After a public hearing is closed, Councilmembers may ask questions of anyone in the audience. The public will be allowed to address the City Council after the close of the hearing with consent of the City Council. J. The Mayor may, with Council concurrence, schedule Council review of agenda items out of their prescribed order on the printed agenda if a large number of the public are present to speak on agenda item. K. The Council may take action on items listed under Council Comments. L It is not necessary for all Councilmembers to speak or give their viewpoints on every issue if their concerns are already addressed by other Councilmembers. On critical or significant issues, all members of Council will undoubtedly want to indicate their opinions on the issue. Councilmembers should make a statement about their vote if they vote outside the majority action of the Council or are supporting an item for special reasons. M. If an applicant submits a new site plan for a development or if the City Council requests changes in the submitted site plan, the public hearing shall be continued for two weeks to allowtime for Staff review. However, if the site plan as amended has had adequate Staff review and/or comment and the Council determines that it is not a significant revision, Council may approve the amended plan at that meeting. N. Any written correspondence or other materials received at a City Council meeting shall be documented with a receipt time and date by the City Clerk and distribution indicated. If the City Clerk does not receive a copy of the written submittal, it shall not be considered to have been received or acted upon by the City Council. O. At the conclusion of each public hearing, prior to Council action, the Mayor or Planning Director shall review for the City Council, each proposed condition of approval which will be revised pursuant to Council's decision of the project. Section 2. CITY COUNCIL RELATIONS WITH CITY STAFF A. There shall be mutual respect from both Staff and Councilmembers of their respective roles and responsibilities when and if expressing criticism in public session. @. City Staff shall acknowledge the Council as policy makers and the City Council shall acknowledge Staff as administering the Council's policies. C. All requests for information or questions by the City Council to Staff shall be directed to the City Manager, City Attorney, City Clerk, or Department Managers. All complaints should be submitted to the City Manager or the City Attorney. D. All written informational material requested by individual Councilmembers shall be submitted by Staff to all Councilmembers with the notation indicating which Councilmember requested the information. E. Council shall not attempt to coerce or influence Staff in the making of appointments, the awarding of contracts, the selection of consultants, the processing of development applications, the granting of City licenses or permits. The Council shall not attempt to change or interfere with the operating policies and practices of any City department. F. Mail that is addressed to the Mayor and City Council shall be circulated by the City Clerk to the City Council with a comment as to which Staff person will be assisting the Mayor in preparing a response. The Mayor's response, in addition to the original communication, will be submitted to the City Council for their information. P:\City Clerk - Read Only\Policy Resolutions\Policy Resolution No. 19 .doc Page 2 of 15 G. The City Clerk shall not open mail addressed to an individual Councilmember. H. A Councilmember shall not direct Staff to initiate any action or prepare any report that is significant in nature or initiate any project or study without the approval of a majority of the City Council. Section 3. CITY COUNCIL RELATIONSHIP WITH CITY COMMISSIONS AND COMMITTEES AND COUNCILMEMBER REPRESENTATION TO OTHER AGENCIES AND GROUPS A. Members of the City Council should not attempt to influence or publicly criticize commission or committee recommendations, or to influence or lobby individual commission or committee members on any item under their consideration. It is important for commissions and committees to be able to make objective recommendations to the City Council on items before them. Members of Council that attempt to strongly influence commission positions on an item may prejudice or hinder their role in reviewing the commission's recommendation as a member of the City Council. B. Individual Councilmembers shall have the right to attend meetings but shall not speak or become involved in the meeting's discussions. C. If a member of the City Council appears before another governmental agency or organization to give a statement on an issue affecting the City, the Councilmember should first indicate the majodty position and opinion of the Council. Personal opinions and comments may be expressed only if the Councilmember clarifies that these statements do not represent the position of the City Council. Section 4. CITY COUNCIL HANDLING OF LITIGATION AND OTHER CONFIDENTIAL INFORMATION A. City Councilmembers shall keep all written materials and verbal information provided to them on matters that are confidential under State law in complete confidence to insure that the City's position is not compromised. No disclosure or mention of information in these materials shall be made to anyone other than Councilmembers, the City Attorney or City Manager. B. If the City Council in closed session has provided direction to City staff on proposed terms and conditions for any type of negotiations whether it be related to property acquisition or disposal, a proposed or pending claim or litigation, and/or employee negotiations, all contact with the other party and/or attorney shall be limited to, and made by, the designated City staff representative handling the negotiations, claim or litigation. Except as provided in subsection C below, no Councilmember shall have any contact or discussion with the other party or its representative involved with the negotiation, claim or litigation during this time, nor shall any Councilmember communicate or disclose any discussion conducted or information received in closed sessions. All public statements, information and press releases shall be handled exclusively by the designated Staff spokesperson. C. Notwithstanding the prohibition set forth in subsection B above, an individual Councilmember, prior to attending a closed session or receiving confidential information concerning litigation or a claim, may have contact and/or discussion with a party or the party's representative with respect to a claim for damages or litigation against the City, provided that the Councilmember first satisfies each of the following requirements: 1. The Councilmember must not have attended a closed session or received any confidential information concerning the party's claim or litigation; 2. Prior to initiating or allowing such contact, the Councilmember shall provide the party and/or attorney, the City Manager, the City Clerk and the City Attorney with a written declaration and agreement, signed under penalty of perjury, and in a format acceptable to the City Attorney, that the Councilmember: (a) fully recuses him/herself from, and waives all right to, (i) any and all future participation in any decision which in any manner involves the party's/representative's claim and/or litigation, and (ii) that P:\City Clerk - Read Only\Policy Resolutions\Policy Resolution No. 19 .doc Page 3 of 15 Iii Councilmember's right to receive confidential information and to attend closed sessions of the Council; (b) does not and shall not purport to make such contact or any representation on behalf, or in his/her capacity as a member, of the Council; and (3) has not received or been privy to, and shall not in any manner disclose, any confidential information concerning the party's/representative's claim and/or litigation. D. The exception set forth in subsection C above shall be limited and strictly construed, shall not be construed as authorizing any contact not expressly authorized by its express language, and shall not under any circumstance be Construed as authorizing any disclosure of any confidential information. PART II. RULES OF ORDER AND PROCEDURE FOR CITY COUNCIL MEETINGS Section 1. Time of Meetings/Closed Sessions: Regular meetings of the City Council shall be held on the first and third Tuesday of each month in the Council Chambers, City Hall commencing at 3:30 p.m. The order of business shall be as described in Section 2 (Order of Business). Closed Sessions will be scheduled regularly on each Agenda. If additional time is needed to address closed session items, those items will be discussed either in conjunction with the evening break, or at the conclusion of the meeting; as determined by the Mayor. Adjourned regular meetings shall only occur on an as needed/desired basis (second and fourth Tuesday), and shall be set to commence at a time that will allow completion of desired business. The Council shall not consider any resolution, motion or matter which does not affect the conduct of the business of the City of Napa or its corporate powers or duties as a municipal corporation, nor shall the Council consider any resolution or motion supporting or disapproving any legislation or action pending in the Legislature of the State of California, the Congress of the United States or before any officer or agency of said State or nation unless such proposed legislation or action, if adopted, will affect the conduct of the municipal business or the powers and duties of the City of Napa or its officers or employees as such. Communications that do not directly relate to the conduct of business for the City of Napa shall be provided to the Council on an information basis only. Such communications may be submitted on a Council Agenda upon request of a Councilmember and scheduled under Council Comments. Section 2. Order of Business: The Agenda for regular Council meetings (first and third Tuesdays) shall be taken up for consideration in substantially the following order, except as may be otherwise ordered by the Mayor and/or Council. If items are scheduled for a time specific, the Council will attempt to address those items at the specified time. All meetings conducted on the first Tuesday shall be posted to commence at 3:30 p.m. Each meeting shall be conducted in the order listed on the agenda unless any agenda item is noticed for a time specific, in which case that item will be considered at the time specified. P:\City Clerk - Read Only\Policy Resolutions\Policy Resolution No. 19 .doc Page 4 of 15 First Tuesday 3:30 p.m. Housing Authority Regular Meeting Council Regular Meeting Public Comments As time permits: Approval of Minutes Consent Calendar Administrative Reports Council Comments (if desired) Closed Sessions 5:00-6:30 P.m. Break 6:30 p.m. Council Business Meeting Pledge of Allegiance Public Comments Special Presentations Consent Head ngs Council Comments (if desired) Public Headngs Administrative Reports Public Requests Council General Discussion 10:00 p.m. Adjourn Third Tuesday 3:30 p.m. Redevelopment Agency Regular Meeting Council Regular Meeting As time permits - Public Comments Approval of Minutes Consent Calendar Administrative Reports Council Comments (if desired) Closed Sessions 5:00-6:30 p.m. Break 6:30 p.m. Council Business Meeting Pledge of Allegiance Public Comments Special Presentations Consent Hearings Council Comments (if desired) Public Hearings Administrative Reports Public Requests Council General Discussion 10:00 p.m. Adjourn Fourth Tuesday Quarterly 4:00 p.m. Joint Meeting with the Napa County Board of Supervisors The presiding officer shall, at any time by majority consent of the Councilmembers, permit a Councilmember to propose the reordering of agenda items. Section 3. The following is a general policy statement discussing the process and/or policy related to the Order of Business (Section 2): P:\City Clerk - Read Only\Policy Resolutions\Policy Resolution No. 19 .doc Page 5 of 15 A. Roll Call Roll call will be the first order of business at each meeting. B. Closed Session(s) Closed Sessions shall be listed on each meeting Agenda as a matter of course and shall be posted and conducted pursuant to the Ralph M. Brown Act. C. Special Presentations Special Presentations shall be scheduled as necessary in recognition of persons or groups, or for the promotion of an event or service. Requests for spedal presentations must be submitted to the City Clerk in writing pursuant to Agenda deadlines. (See Closing of Agenda ~ Section 5A) D. Approval/Correction of Minutes Minutes of the City Council meetings shall be submitted to the Council for approval and/or correction in draft form at a subsequent regular meeting. It is the policy of the City Council that only members of the Council and the City Clerk have the authority to make revisions to the minutes, subject to a majority vote of the City Council. If a member of the public wishes to have the minutes modified or revised in any way, they must contact a Councilmember or the City Clerk. The City Council will not entertain revisions to the minutes from the floor. Minutes will be placed under the Consent Calendar for approval. E. Public Comments Time has been reserved on each regular meeting Agenda to provide an opportunity for members of the public to directly address the Council on items of interest to the public. Each person shall be subject to the provisions of this resolution. Any item of interest not appearing on the Agenda but which is presented by a member of the public under "Public Comments" shall be handled in one of the following manners: 1. The item may be added to the Agenda for the meeting at which it was brought up by a member of the public only if the Council determines by a two-thirds vote (or if less than two-thirds of the members are present, then by a unanimous vote of the members present) that the need to take action arose after the Agenda was posted and the Council believes it is necessary to take action immediately. 2. If the item is not added to the Agenda as described in Paragraph (1) above, then the item automatically shall be referred to the City Manager for investigation and placement on a future Agenda, if necessary, without any action. All citizens must observe the following rules with respect to comment and testimony: 1. FIVE MINUTE LIMIT. Comment and testimony shall be limited to five minutes for members of the public who wish to speak. "Applicants" or "appellants" are not held to this time limit (See Hearing and Appeals). All comments and testimony shall be made from the podium or other approved Council location; no comment or testimony shall be shouted from the audience. The City Clerk shall set the timer for five minutes with a one minute warning to conclude. Questions for staff or the applicant shall be made through the Chair. Any such questions are part of the five minute limit. 2. ADDITIONAL TIME. There may be an occasion where justification for more time is warranted for public commentary. Citizens must ask for this at the outset of the comment period and have it approved by the City Council. P:\City Clerk - Read Only\Policy Resolutions\Policy Resolution No. 19 .doc Page 6 of 15 3. LESS TIME. Where the Council determines that the existence of unusual or controversial issues exist, that the large number of speakers wishing to address the Council so justifies, or that other considerations make modification appropriate, the Council may limit the total amount of time to be devoted to public comment, the amount of time to be afforded each speaker, or the number of speakers to be heard on an issue, or may make such other modifications as the Council may deem appropriate. To the extent practicable, the Council shall make any such modification or limit at the time the given issue ,~ or matter is scheduled for public hearing, and the City Clerk shall, to the extent practicable, include notice of such modification or limit in published notice of the hearing. 4. SPEAK ONLY ONCE. Second opportunities for the public to speak on the same issue will not be permitted unless mandated by state or local law. 5. ADDRESSING THE COUNCIL. Comment and testimony are to be directed to the City Council. Dialogue between and inquiries from citizens at the podium and members of staff or the seated audience is not permitted. Unless otherwise authorized by motion and vote of the Council, inquiries which require staff response shall be referred to staff for response at a later time. Where inquiries requiring response by staff are so authorized, the speaker's applicable time limit shall not be extended unless further authorized by motion and vote of the Council. 6. DISRUPTIVE COMMENTS AND/OR CONDUCT. No person who addresses the Council shall make any belligerent, personal, impertinent, irrevelant, redundant, slanderous, loud, threatening, abusive or disparaging remark, statement or commentary toward the Council, staff or other individuals in a manner which disrupts, disturbs or otherwise impedes the orderly conduct of the Council meeting, nor shall any person engage in any other disorderly conduct which so disrupts, disturbs or impedes the orderly conduct of the meeting. Any violation of this rule shall be grounds for terminating the citizen's comment period. Continued inappropriate behavior or comments, after having been directed to discontinue, also shall be grounds for removal from the meeting. Council shall not be belligerent or make disparaging commentary toward the speaker. Nothing in this section shall prohibit or discourage orderly criticism of any City decision or policy within the limits of these rules. 7. FAILURE TO FOLLOW RULES. If a member of the public fails to follow these rules after being warned once, the Council may bar that individual from further testimony for the evening or remove the person from the meeting. F. Consent Calendar Consent Calendar Defined: Those items on the Council Agenda which are considered to be of a routine and non- controversial nature by the City Manager and City Clerk, e.g., Grant Deeds, Grants of Easement, final reading and adoption of ordinances, various leases and agreements etc., are listed on the "Consent Calendar". These items so listed shall be approved, adopted, accepted, etc., by one motion of the Council and roll call vote. The Mayor or any member of the Council may request that any items listed under "Other Consent Items" be removed therefrom and Council action taken separately on said item. In the event an item is removed from "Other Consent Items", it shall be considered at the conclusion of the Administrative Reports Agenda. In this instance, public input shall only be entertained upon request of the City Council. A member of the public may request that an item listed under "Consent Hearings" be removed therefrom and Council action taken separately on said item. In the event an item is removed from the Consent Hearing Agenda, said item shall be considered at the end of the Hearing and Appeals Agenda. No discussion shall occur at the time an item is removed from the Consent Calendar. Those items so approved under the heading, "Consent Calendar," will appear in the Council P:\City Clerk - Read Only\Policy Resolutions\Policy Resolution No. 19 .doc Page 7 of 15 minutes in their proper form, i.e., resolution accepting grant deed or easement, adoption of ordinance upon final reading, etc. The motion by the City Council on the "Consent Calendar" with reference to hearings will P:\City Clerk - Read Only\Policy Resolutions\Policy Resolution No. 19 .doc Page 8 of 15 (1) open and close public hearing items; (2) find that no oral or written comments or testimony was offered on public hearing items; and (3) sustain and make findings in accordance with recommendations of Administrative Staff and/or the Planning Commission. G. Council Comments "Council Comments" provides members of the Council an opportunity to introduce discussion/action on items not currently before the Council for consideration. Any Councilmember may submit Council Comment items on a regular meeting Agenda to the City Clerk prior to the deadline for submitting items for that meeting. Items scheduled under "Council Comments" will be introduced and presented after which, by majority vote, the City Council will determine its desire to consider the item for action. If the Council chooses to consider the item, and Council does not request staff recommendation, or the action does not require a public notice, or a new public hearing; action will be taken at the same meeting the item is proposed. If, by majority vote, the Council chooses to take no action, no further consideration shall be given. Councilmembers shall not be limited to the number of "Council Comments" items they may place on regular meeting Agendas. Each regular meeting agenda will provide for "Council Comments" and "Council General Discussion". "Council General Discussion" will appear routinely on the agenda as the last item of business. This is the opportunity for the Council-members to ask questions for clarification, provide information to staff, request staff to report back on a matter, or to direct staff to place a matter on a subsequent agenda. GC § 54954.2(a). H. Hearings and Appeals Hearings and Appeals are items scheduled for which public input is either desired or required. Generally, Hearings shall be opened with a staff presentation The applicant and the appellant shall be allowed no more than 10 minutes to present his/her testimony; and no more than five minutes following the public hearing to respond to public testimony. All other speakers shall be allowed no more than five minutes. At the conclusion of the Hearings and Appeals Agenda, the Council shall make a motion to close the public hearing recognizing all presentations and comments, questions, answers and comments by and among the applicant and staff, and take action as appropriate. Hearings scheduled under the Consent Calendar Agenda shall be considered along with Hearings and Appeals Agenda items in the event that same are removed from the Consent Calendar. I. Administrative Reports Administrative Reports are reports and recommendation from Administrative Staff intended for Council discussion/action. Staff reports and related background material regarding these agenda items must be received by the City Clerk by 5:00 p.m., Tuesday, eight (8) days prior to the meeting. Recommendations regarding action on pending legislation may be recommended by the City Council and/or Administrative Staff. P:\City Clerk - Read Only\Policy Resolutions\Policy Resolution No. 19 .doc Page 9 of 15 J. Public Requests Public Requests are written requests from the general public (including outside agencies/organizations) for Council discussion and/or action. These such requests must be addressed to the Honorable Mayor and Members of the City Council and submitted to the City Clerk. The communication will be distributed to Council and Administrative Staff. The City Manager and City Clerk shall determine when the matter will be scheduled before Council based upon Staff's ability to provide any necessary background information and recommendation; unless otherwise directed by Council. At the minimum, requests from the public must be submitted by the deadline to submit Agenda items (See Closing of Agenda - Section 5). Communications from the public requesting discussion/action pertaining to items not directly affecting the conduct of business of the City of Napa, and communications / requests addressed to the Council pertaining to general policy issues, shall be submitted to Council on and "informational only" basis. Said communications will only be placed for consideration on an Agenda if so desired by an individual Councilmember. In that instance, the item will be scheduled under Council Comments. Exception: Communications of this nature may be placed on a Council Agenda for direction if the need is determined by the City Clerk and City Manager. K. Adjournment Generally, Council meetings should adjourn at 10:00 p.m. Any items not completed at the conclusion of a meeting shall be continued to the next regular meeting and shall be considered before any new items within their category. Section 5. Policies regarding the conduct of, and preparation for, Council meetings are as follows: A. Closing of Agenda Regular Meetings: The Agenda of business to come before the Council at any regular meeting shall be closed as of 5:00 p.m., on the Friday, eleven (11) days preceding said meeting. Agenda items from the public must be submitted in writing by this deadline, pursuant to Administrative Policy (on file in the City Clerk's Department). This deadline may be extended to members of the City Council and Administrative Staff to 5:00 p.m., Tuesday, eight (8) days prior to the meeting. Each Agenda item must be submitted in written form. Agenda Summary Reports shall be submitted to the City Clerk by 12 o'clock noon, Wednesday, seven (7) days preceding the Tuesday meeting. See also Study Sessions and Adjourned Regular Meetings, Item M. B. Posting of Agenda: The City Clerk is required to post agendas of City Council meetings and to comply with other requirements of the California Government Code. Not less than seventy-two (72) hours prior to the time set for the holding of a meeting of the City Council, the City Clerk shall cause the Agenda for that meeting to be posted on the doors to the Council Chambers and the west entrance to City Hall, 955 School Street. The City Council has determined that the foregoing described location is one which is freely accessible to members of the public. P:\City Clerk-Read Only\Policy Resolutions\Policy Resolution No. 19 .doc Page 10 of 15 i!i The City Council may take action on items of business not appearing on the posted Agenda under any of the following conditions: (1) upon a determination by a majority vote that an emergency situation exists; (2) upon a determination by a two-thirds vote or if less than two-thirds of the Councilmembers present a unanimous vote of those members present that there is a need to take immediate action and that the need to take action came to the attention of the City subsequent to the Agenda being posted; or (3) the item was posted for a prior meeting of the Council occurring not more than five (5) calendar days prior to the date action is taken on the item and at the prior meeting the item was continued to the meeting at which action is being taken. C. Manner of Addressing Council - Time Limit: Each person addressing the Council shall step up to the microphone, give their name and address in an audible tone of voice for the record, and unless further time is granted by concurrence of the Council, shall limit their address to five (5) minutes. This time limit shall not apply to the applicant or appellant (See Hearings and Appeals) or Mayor and City Council. Whenever any group of persons wishes to address the Council on the same subject matter, the Mayor may request that a spokesperson be chosen to address the Council. The Mayor may also request that only new information be presented by the speakers in order to avoid unnecessary repetition. D. Backup Material for Agenda Items (Agenda Summary Reports): Agenda Summary Reports will be included in the Agenda packet for each agenda item (with the exception of routine scheduling, such as setting public hearing dates). Any item listed on the Agenda for which an agenda report has not been included in the agenda packet will automatically be continued to the next regular meeting. In the event of an upcoming item that is considered by the City Manager to be of a significant and/or controversial nature, pre-Agenda Reports will be distributed to Council and the public at least two weeks prior to the date the item is scheduled before Council. Agenda Summary Reports will be provided to the public pursuant to State law. E. Distribution of Agenda Packets: Agenda packets are prepared by the City Clerk's Department and distributed to the City Council, City Manager, City Attorney, Department Managers (by request), the Napa City-County Library, the Community Services Building Information Table, the City Hall Information Table, and news media (upon request). Three additional packets are available at the City Clerk's Department on a 48-hour loan basis. Agenda packets shall be delivered to Councilmembers on Thursday, prior to the Tuesday m eeti ng. F. Processing of Motions: (1) When a motion is made and seconded, it shall be stated clearly and concisely by its mover. After a iii motion is made, it shall be stated by the presiding officer or City Clerk before debate. A motion may be withdrawn by the mover without consent of the Councilmembers. i.::. (2) If the question contains two or more divisional propositions, the presiding officer may, and upon request of a Councilmember shall, divide the same. ..ii All motions shall require a second before discussion and debate. A motion that fails to obtain a second shall die. Following discussion, the roll call vote shall be requested by the Mayor and will be P:\City Clerk - Read Only\Policy Resolutions\Policy Resolution No. 19 .doc Page 11 of 15 conducted by either voting machine or voice vote. All motions shall require a roll call vote. P:\City Clerk - Read Only\Policy Resolutions\Policy Resolution No. 19 .doc Page 12 of 15 Iii H. Precedence of Motions: 1. When a motion is before the Council, no other motion shall be entertained except: Precedence in order indicated a. to adjourn b. to fix hour of adjournment c. to lay on the table d. for the previous question e. to postpone to a certain day f. to refer g to amend h. to postpone indefinitely 2. A motion to adjourn shall be in order at any time, except as follows: a. when repeated without intervening business or discussion b. when made as an interruption of a member while speaking c. when the previous question has been ordered d. while a vote is being taken 3. A motion to adjourn "to another time" is debatable only as to the time to which the meeting is adjourned. 4. A motion to table or lay on the table is undebatable and shall preclude all amendments or debate of the subject under consideration. If the motion shall prevail, the matter may be "taken from the table" only by adding it to the Agenda of the next regular meeting, to be discussed at the following regular meeting. 5. A motion for previous question shall close debate on the main motion and shall be undebatable. The statement by a Councilmember of "question" does not accomplish to same purpose. If motion fails, debate is reopened; if motion passes, then vote shall be taken on the main motion. 6. A motion to amend shall be in order andis debatable only as to the amendment. A motion to amend an amendment shall not be in order. An amendment modifying the intention of a motion shall be in order but an amendment relating to a different matter shall not be in order. A substitute motion on the same subject shall be acceptable and amendments are to be voted first, then the main motion as amended. 7. A motion to postpone indefinitely shall be fully debatable and if the same is adopted the principal motion shall be declared lost. A motion to postpone to a definite time shall be amendable and debatable as to propriety of postponement and time set. 8. A motion to refer shall not be debatable except for the propriety of referring. I. Administrative Mandamus: Persons who are dissatisfied with a decision of the City Council may have the right to seek review of that decision by a court. In addition, the City has adopted Section 1094.6 of the Code of Civil Procedure which generally limits to ninety (90) days the time within which the decision of City boards and agencies may be judicially challenged. J. Appeals/Continuances: Appeals shall be filed with the City Clerk (unless otherwise provided by Code) pursuant to applicable State and local regulations. Appeals not filed pursuant to the provisions of local regulations shall not be submitted to the City Council until same complies with local provisions. Pursuant to Policy Resolution No. 16, some appeals must be accompanied with the appropriate fee. P:\City Clerk - Read Only\Policy Resolutions\Policy Resolution No. 19 .doc Page 13 of 15 t P:\City Clerk - Read Only\Policy Resolutions\Policy Resolution No, 19 .doc Page 14 of 15 Any person appealing an action of a City Commission or City Staff to the City Council may request two-week postponements of the initial hearing scheduled on the appeal. If approved by Council, and after two postponements, the appeal shall be considered withdrawn. This procedure shall not limit the ability of the City Council to continue a hearing which has commenced to a subsequent meeting to receive additional public testimony or information from City Staff. K. Reconsideration and Rescission: 1. Except for votes regarding matters which are quasi judicial, involve the adoption of an ordinance, or where reconsideration is governed by a specific law, ordinance or resolution, any member of the Council voting in the majority on any action of the Council may, at the same meeting, or at a regular Council meeting held within thirty-five (35) days after such action, move to reconsider such action. In the latter case, a request for reconsideration shall be submitted to the City Clerk at least eight (8) days prior to such meeting and shall be placed on the Agenda under Council Comments. A written request for reconsideration submitted to Council shall be provided to all Councilmembers on an informational basis. A vote to reconsider must be seconded and requires the affirmative vote of a majority of the Council for passage. A vote to reconsider may be continued to a date certain. If a vote to reconsider is successful, the procedure specified for Council Comments shall be followed. The Council may adopt specific rules governing reconsideration of designated types of actions or matters. 2. A written request for Council reconsideration of a quasi judicial decision by any interested party shall be filed with the City Clerk within ten (10) days of the decision. A copy of the request for reconsideration shall be provided to all Councilmembers. After a request has been filed with the City Clerk, any Councilmember may instruct the City Clerk to place such request on the next regular Council Agenda under Council Comments; a Councilmember may also directly request reconsideration of a quasi judicial decision by instructing the City Clerk to place such request on the next Council Agenda under Council Comments. Unless the City Clerk is so instructed by a Councilmember within thirty-five (35) days of a decision, any request for reconsideration shall be deemed denied and no further request(s) for reconsideration shall be entertained. In such case, the Clerk shall so notify the party requesting reconsideration as well as the applicant or subject of the decision, if different. If reconsideration is placed on the Council Agenda, voting shall follow (1) above, and, if a vote to reconsider is successful, the procedure specified for Council Comments shall be followed. 3. The Council may rescind, repeal or annul any prior action taken with reference to any legislative matter so long as the action to rescind, repeal or annul complies with all the rules applicable to the initial adoption, including any special voting or notice requirements unless otherwise specified by law. L. Suspense Calendar/Three-Month Calendar: items of City Council business which appear on agendas for Council action may by motion be 'referred to the Suspense Calendar, either with or without a specific date for return of the item to a future City Council Agenda, and with or without a requirement for Staff recommendation. Suspense Calendar items shall be a part of the City Council Three-Month Calendar and shall be submitted to the Council, Administrative Staff and available to the public at least once each month. The City Council may at any time during a regular Council meeting, request that an item of business on the Suspense Calendar be placed on a future Council Agenda whether or not a specific date has previously been established. M. Study Sessions and Adjourned Regular Meetings: The Council may meet on the second and/or fourth Tuesday of any month for the purpose of study sessions, joint meetings with other boards or agencies, or completion of unfinished business. Items to be added on an adjourned regular meeting agenda shall be scheduled on the regular meeting agenda preceding the adjourned regular meeting. Agenda Summary Reports shall be submitted to the City Clerk by 12:00 noon, Wednesday, seven (7) days prior to the Tuesday meeting. l P:\City Clerk - Read Only\Policy Resolutions\Policy Resolution No. 19 .doc Page 15 or 15 N. Personal Privilege: The right of any Councilmember to address the Council on a question of personal privilege shall be limited to cases in which his/her integrity, character or motives are questioned, or to where the welfare of the Council is concerned. A Councilmember may interrupt another speaker only if the City Attorney recognizes the "privilege". O. Parliamentarian: The City Attorney shall decide all questions of interpretations of these rules and any other questions of a parliamentary nature which may arise at a City Council meeting. P. Council Seating Order: Council seating order shall be at the discretion of the Mayor. I HEREBY CERTIFY that the foregoing resolution was duly and regularly adopted by the City Council of the City of Napa at a regular meeting thereof held on the 11th day of July, 2000, by the following call vote: AYES: Sercu, Techel, Busenbark, Martin and Henderson NOES: None ABSENT: None ATTEST: CITY CLERK OF THE CITY OF NAPA Editor's Notes: Policy Resolution No. 161 Renumbered to Policy Resolution No. 19 on 07/07/87 Amended 10/20/87 Amended 07/19/88 Amended 08/07/90 - Council Comments Amended 10/16/90 - Adjourned Regular Meetings Amended 10/06/92 -Incorporated Policy Resolution No. 21 Amended 06/21/94 Amended 11/01/94 Amended 04/04/95 - Council General Discussion added Amended 10/03/95 - Public Comments and Housing/NCRA Amended 11/21/95 - Consent Calendar/Consent Hearings Amended 05/07/96 - Reorder Items of Business Amended 06/04/96 - Change Beginning of Regular Meetings Amended 09/02/97 - Meeting Scheduling and Organization Amended 11/18/97 - Public Comments, Structure of Public Hearings, Council Seating Order Amended 07/11/00 - Added Approval of Minutes to Consent Calendar P:\City Cled( - Read Only\Policy Resolutions\Policy Resolution No. 19 .doc Page 16 of 15 Iii BAKERSFIELD October 17, 2001 TO: Chairperson Benham, Members Couch and Sullivan of the Legislative and Litigation Committee FROM: Annexation Sub-Committee Councilmember David Couch, Pamela A. McCarthy, City Clerk, Bart Thiltgen, City Attorney, Ginny Gennaro, Deputy City Attorney, Jack OHardisty, Development Services Director, Alan Christensen, Assistant City Manager SUBJECT: Annexation Pre-Application Process At the request of the Legislative and Litigation Committee a Sub-Committee of those referenced above met to develop a Annexation Pre-Application Process with regard to inhabited areas of 12 or more resident electors. Attached are the following documents: · Pre-Application Process · Notice of Hearing (Exhibit "A') · Notice of Hearing Return Card (Exhibit "B") · Sample Newspaper Publication (Exhibit "C") The Sub-Committee recommends the Legislative and Litigation Committee accept this report and recommend adoption of the policy by the full Council. :pmc cc: Alan Tandy, City Manager ANNEXATION PRE-APPLICATION PROCESS The following steps are proposed for the City of Bakersfield prior to application for annexation to LAFCO of territory inhabited by 12 or more resident electors: · Identify Proposed Annexation Area Development Services Department- Planning Division will identify the proposed annexation area, based on request by City or Citizens to initiate annexation. · Notify City Council The Development Services Director will notify the Council, in writing of the annexation proposal. This notification, by way of memorandum, will be distributed through City Manager's weekly General Information Memo, which is available in the City Clerk's Office. · Send out "Frequently Asked Questions" A letter regarding the proposed annexation with frequently asked questions and responses will be prepared by the Development Services Department and mailed to all property owners/occupants within the proposed area. The majority of the questions will appear on all brochures. There will however, be one or two questions/answers with regard to taxes specific to the area. · Informational Meetings The use of informational meetings will be optional. Often Citizens request a meeting and staff should be able to respond to citizens' requests. Additionally, City Councilmembers may wish to schedule informational meetings in the area and this should not be precluded. In all cases, the Councilmember will be invited to any informational meeting. Efforts will be made to use public facilities for informational meetings. However, this does not preclude the use of resident homes. · Schedule Hearing Development Services Staff will request an available hearing date from the City Clerk. Hearing will be scheduled and notices will be prepared by Clerk Staff. · Notification Written notice will be mailed to all property owners/occupants within the proposed area. Notice will include date, time and location of hearing. Additionally, there will be a prepaid post card included in the notice giving the owner/occupant and opportunity to express their opinion regarding the annexation, by mail or personal delivery. Notice will be prepared and mailed by City Clerk Staff no later than 20 days prior to the hearing. See attached Exhibit "A" and "B" · Publication A hearing notice will be published in The Bakersfield Californian, on the Legal Notices page. The notice will be published no later than 20 days prior to the hearing. See Exhibit "C" · Hearing A noticed hearing will be held before the City Council to receive testimony from residents/occupants who reside within the proposed area. There will be 15 minutes for each side with a 5 minute rebuttal period. Citizens who do not reside in the proposed area will have the opportunity to address the Council during the Public Statement portion of the regular meeting. · Resolution of Application A Resolution of Application for Annexation of a proposed area will be brought to the Council for approval at the next regularly scheduled meeting following the noticed hearing. -2- EXHIBIT "A" B A K E R S F I E L D NOTICE OF HEARING BEFORE THE COUNCIL OF THE CITY OF BAKERSFIELD REGARDING PROPOSED ANNEXATION NOTICE IS HEREBY GIVEN of a Hearing before the Bakersfield City Council regarding the proposed annexation of territory to the City of Bakersfield known as City of Bakersfield ANNEXATION NO. 398, GENERALLY KNOWN AS PANAMA #12. The hearing will be held before the City Council of the City of Bakersfield and will begin at 7:00 p.m., or as soon thereafter as the matter may be heard on WEDNESDAY, NOVEMBER 14, 2001, in the Council Chambers, City Hall, 1501 Truxtun Avenue, Bakersfield, California, 93301. The purpose of the hearing is to receive and consider comments regarding the proposed annexation into the City of Bakersfield. The area being considered is generally located north and south of Panama Lane, west of State Route 99 (Freeway 99). See the attached map (Exhibit A) that shows the affected territory. These proceedings were initiated by the property owner(s) or City (choose one) The reason the has proposed this annexation is WRITTEN COMMENTS regarding the proposed annexation may be filed by any owner/occupant within the proposed annexation area, with the City Clerk at any time prior to the conclusion of the hearing on the proposed annexation. Dated: Pamela A. McCarthy, CMC City Clerk and Ex Officio Clerk of the Council of the City of Bakersfield EXHIBIT "B" BAKE RSFI ELB NOTICE OF HEARING REGARDING ANNEXATION Date: November 14, 2001 Time: 7:00 pm or as soon thereafter Location: 1501 Truxtun Ave., City Hall Council Chambers Regarding: Annexation No. 398, Generally Known as Panama #12 ~ I support the proposed annexation ~ I oppose the proposed annexation ~ I have no preference regarding annexation For Information Regard Hearing Contact City Clerk @ 326-3767 For Annexation Information Contact Planning @ 326-3733 BAKERSFIELD City Clerk's Office 1501 Truxtun Ave. Bakersfield, CA 93301 CITY CLERK CITY OF BAKERSFIELD 1501 TRUXTUN AVENUE BAKERSFIELD CA 93301 EXHIBIT NO~ "~___." · NOTICE ~)1'! PUBIiIC HEARING BEFORE THE COUNCIl. OFTHE CITY OF BA~RSFIEI~ NOTICE IS ~Y GIV~ ~at a pcbltc hea~ ~ill ~ held before the Coultcil of the City of Bakenfield at 7:~ p.~. or ~ sooo thereafter as ~e rotter may be heard, on Wedn~ay. S~tem- bee 19. 20012 hi ~e COUllCfl Chambe~ of City Hall. 1 SO1 Tmxtun Avenue. ~kc~fleld. CaUfomia. for the pu~e of hca~g aM conside~ig S~te ~gislalioo reRardb:g Supplemta:- tal law ~nfnrcement Sc~icr Funding. ~bUc commeot regardiog ~e proposed proje~ ~11 be accepted in wfi thtg mi or before the hearing date h:dicatrd above. Ally pe~ul challeng~tg ill couR ~e dt~sgoo made at the cmlcl~iml or,ch public hea~n~ may be ~Mted to raisillg ollly those i~ued ~d at the such heafilt~, or ~l cor~o~t- de~lce de~vercdto ~e City of Bake~field prior to the close of such hearing. August 21. 2001 /~Pamcla A. McCa~ly PAMELA A. MCCARTHY. CMC Clerk If the City of Bake~ficld a~td Ex-Officio ~crk of ~e O~m~cil September 9.2OO[ {~5~606~) TO: ALAN CHRISTENSEN, ASSISTANT CITY MANAGER WILLIAM C. DESCARY, CITY TREASURER ~ FROM: DATE: OCTOBER 17, 2001 SUBJECT: FIREWORKS STAND PERMITS BAKERSFIELD MUNICIPAL CODE CHAPTER 8.44 Several problems arose in administering the fireworks ordinance during the 2001 season: 1. A vendor, filing applications for their customers - the nonprofit groups, filed five unauthorized applications. Had this not been detected, permits would have been used by organizations other than those to which permits had been issued. 2. A distance of at least 600 feet is required between stands. The ordinance does not specify how the distance is to be measured nor does it provide for establishing priority between applicants whose location violates the distance requirement. 3. The ordinance has been incorrectly interpreted to mean an organization could be a group of at least 35 members within a non profit entity. Therefore, we have a few situations where a single nonprofit holds two permits, which staff feels is not consistent with the ordinance nor in the interest of fairness to other nonprofits seeking only one permit. City staff drafted amendments to the ordinance to correct these problems and subsequently met with the vendors on October 9, 2001 who made recommendations that are now included in the amendments. The following is a summary of the proposed amendments: 8.44.010(A)(B) Clarifies that a qualified applicant is a nonprofit entity 8.443.030(B) Sets the time for the "drawing" as no later than April l0th of each year 8.44.030(C) State Department of Finance prior calendar year annual report will be used in determining population 8.44.030(D) Applications will be submitted by the applicant - not the fireworks vendors Application period changes to March 1 st through March 31 st Drawing applications need only include evidence of nonprofit status and a bona fide membership list of at least 35 - Successful drawing applicants will have until May 15th to complete their applications 8.44.030(E) Renewal applications are to be complete packages and be filed March lst through March 31 ~t 8.44.030(E)(5)(9) - An approved application must have a plot plan approved by the Fire Department and the City Traffic Engineer Plot plans for renewal and drawing applicants cannot be changed after their respective filing deadlines of March 31st and May 15th except to correct re- quired distance separations 8.44.030(G) Further clarifies that only one permit will be issued per nonprofit organization or group 8.44.040(C) - Groups returning to their previously approved plot plan location will be given priority - If two or more applications for a "new"stand location are within the minimum 400 foot distance, preference will be determined by a drawing 8.44.040(D) Advertising and display of merchandise (fireworks) on the roof of the stand is prohibited 8.44.040(E) Sales of other items including food and beverages at the fireworks stand is prohibited 8.44.040(F) Distance between stands is changed from 600 feet to 400 feet measured closest point to closest point 8.44.040(G) Canopies and awnings at the fireworks stands are prohibited Chapter 8.44 FIREWORKS Sections: 8.44.010 Definitions. 8.44.020 Permit required. 8.44.030 Application - Issuance - Fee. 8.44.040 Regulations. 8.44.050 Revocation. 8.44.060 Appeal. 8.44.'010 Definitions. Whenever used in this chapter, unless a different meaning clearly appears from the context, the words set out in this section shall have the following meanings: A. ~! "Person" means any individual, partnership, ~:~i': corporation or association of any nature whatsoever. 8.44.020 Permit required, It is unlawful for any person to sell or offer for sale or expose for sale within the city any fireworks in violation of this chapter or without having a valid permit therefor in accordance with the provisions of this chapter. 8.44.030 Application - Issuance -. Fee. A. A permit for the sale of safe and sane fireworks may not be issued except to the following applicants: 1. A nonprofit organization or corporation organized and existing primarily for veteran, patriotic, religious, welfare, charitable or civic-betterment purposes, organized and established in the city at least one year prior to the filing of application for permit under this chapter and having a bona fide membership of at least thirty-five members. 2. Retail (for profit) business establishments which have, for a period of at least one year prior to the filing of an application for permit under this chapter, held a valid business tax certificate issued by the city under Chapter 5.02 of this code; provided, no such permit shall be issued to any such retail business establishment unless such establishment was issued a permit the previous year. 3. Any entity which held a permit issued by Kern County for a particular location the previous year, which location was subsequently annexed to the city within the past year. Permits issued to such annexed entities shall be in addition to those issued on the basis of population, without the necessity of being selected by drawing. 4. Those applicants having first obtained a permit or license from the State Fire Marshall under Part 2, Division 11 of the Health and Safety Code of this state. B. All recipients of fireworks permits except those specifically exempted in subsections A.3 and C. herein shall be selected conducted by the city manager or his/her designee C. The total number of fireworks permits to be issued shall not exceed one permit per four thousand, population, or portion thereof, in the city of Bakersfield, as set forth in the ~i~i~~. ~,.r: annual report of the State Department of Finance, but not less than fifty; provided, however, any person applying for a fireworks permit who had such permit in 1994 and also in each subsequent year shall be issued a permit if otherwise qualified without being included in the drawing, notwithstanding the fact that such issuance' may increase the number of permits to more than that allowed herein. ~, ,~,: Applicatigns for fireworks permits shall be submitted b~.i?~:i~PP!i~., ii~e:,~:,~ ~na?) commencing March-~5r" ~ii~t througi~ ~"~ ~¢b '~i~ of each No applications shall be after each E. ExcePt, i~i;~:~i~:~Odified!:~pa~gra~:,;:gh (:D):::a~ei ~pplications for fireworks permits shall be made on forms to be furnished by the city manager or his designee, shall be signed under penalty of perjury by the applicant and shall require the following information and documents: 1. The name, address and telephone number of the nonprofit organization or retail business establishment for which application is made; 2. The applicant's business tax certificate number if it is a retail business establishment, and the name and address of all owners of such business; 3. The location of the proposed fireworks sales; 4. The purpose of the nonprofit organization or corporation, its principal and permanent meeting place; the approximate date of its establishment in the city; the total number of its local membership; the names and addresses of its officers; 2 5. A plot plan, showing the location of the temporary fireworks stand, utilities, location of permanent and temporary structures, curb cuts and/or drivewa, and )g the nearest available facilities, and fire h 6. A written authorization from the owner of the location or person in lawful possession thereof, if other than the applicant, for the locating of the business upon his or her property; 7. Evidence, satisfactory to the city manager or his designee, of (1) general liability insurance providing coverage on an occurrence basis for bodily injury, including death of one or more persons, property damage and personal injury, with limits as required by the city; and (2) workers' compensation, with statutory limits and employers liability insurance with limits as required by the city. All policies required of the applicant hereunder shall be primary insurance as to the city, its mayor, council, officers, agents, employees and volunteers and any insurance or self-insurance maintained by the city, its mayor, council, officers, agents, employees and volunteers shall be considered excess insurance over and above the applicant's insurance and shall not contribute with it. The applicants shall save, hold harmless and indemnify the city, its officers, agents, employees and volunteers from all claims, demands, damages, judgments, costs or expenses in law or equity that may at any time arise from or is any way related to any work performed by applicant, his agents or employees under the terms of any permit issued under this chapter; 8. Cash bond in the sum ofone hundred dollars, to be forfeited to the city in the event the permittee fails to remove said stand, equipment and rubbish from the premises upon which the stand is located before twelve noon on July 15th of the year for which said permit is granted. The cash bond shall be returned to the applicant upon full performance of the requirements of this chapter; 9. Approval from the public works department of the city that operation of the fireworks stand at the proposed location will not present any substantial hazard to vehicular or pedestrian traffic. F. Location of temporary stands may not be changed after an application is filed except as required by the city, or where there is evidence of change in property ownership or management and prior approval or consent has been revoked by the new owners or managers. G. No one organizationi! or bus~ness;~g~ogPi!!.q[;ip~r~gQ may receive more than one permit for fireworks sales during any one calendar year. H. All permits issued under this chapter shall remain in effect from noon on July 1st to noon on July 5th unless earlier suspended or revoked. I. The applicant shall pay a fee not to exceed the cost of processing any such application and inspecting such business as set forth in Section 3.70.040. J. Permits may be issued with conditions to ensure that the business will be operated in a safe and legal manner, will not disturb the peace and quiet of the neighborhood and will not constitute an undue burden on city resources. 8.44,040 Regulations. A. Those fireworks which are classified as "dangerous" fireworks under Section 12505 of the California Health and Safety Code are prohibited, except that such fireworks as are defined and classified as "safe and sane fireworks" in Section 12529 of the California Health and Safety Code may be displayed, sold and used pursuant to the provisions of this chapter and not otherwise. B. No permit holder shall shout, make any outcry, blow a horn, ring a bell or use any other sound device including any loudspeaker, radio or amplifying system where sound of sufficient volume is emitted or produced therefrom capable of being plainly heard upon the streets, alleys, parks or other public places. C. Any permit issued pursuant to this chapter shall be nontransferable, and shall be valid only as to the applicant and location on the a )Ii( for such or as set forth in Section 8.44.030F. D. Except as expressly permitted by and in accordance with the provisions of Chapter 12.44 of this code, the sale offer to sell. advertisin of merchandise on any street or sidewalk in the city is prohibited. E. All retail sales of safe and sane firewOrks shall be permitted only from a tern ~ fireworks stand and the sale from buildin or structure is ~ited. F. No fireworks stand shall be located within one hundred feet of any gasoline storage or gasoline pump or any garage or within feet of buildin or within s!~ ~¥, hundred feet of any other fireworks stand 4 G. Fireworks stands need not comply with the provisions of the building code of the city except that the building official shall have authgrity to require that stands be constructed in a ;r which will i the of attendants and patrons. !gsa, H. Fireworks stands shall be located only in a C-1 zoning district or a zoning district less restrictive than Col, unless located upon property owned and occupied by a church and/or school, which church or school is either a legal or legal nonconforming use of such property. I. All temporary stands for the display and sale of fireworks shall obtain an electrical permit from the city building department, if electrical current is utilized or necessary. J. If a toilet is not immediately available during all open or sale hours of the fireworks stand, then an approved chemical one must be provided. K. Each stand in excess of twenty-four feet in length must have at least two exits. Each stand in excess of forty feet in length must have at least three exits. L. Each stand shall be provided with not less than two 2A 10 BC-type fire extinguishers, underwriter approved, in good working order and easily accessible for use in case,of fire. M. No person shall light, or cause or permit to be lighted, any fireworks or any other article or material within any such stand, or within fifty feet thereof. N. No smoking shall be allowed in any stand, nor within fifty feet thereof. "No smoking" signs shall be prominently displayed. O. All weeds and combustible material shall be cleared from the location of the stand, including a distance of at least twenty feet surrounding the stand. P. There shall be at least one adult in attendance during the open or sale hours of the fireworks stand. No minor under the age of eighteen shall be permitted in a stand. Q. All permits must be posted in a conspicuous place. R. Fireworks shall be sold only between the hours of twelve noon, July 1st, to twelve noon on July 5th, S. Permittee shall strictly comply with all prov!~ions of the State Fireworks Law (Sections 12500 et seq. of the Health ~ind Safety Code)! ' T. The fireworks stand shall be removed from the temporary location by twelve noon on July 15th, and all accompanying litter shall be cleared from said location on or before said time. U. Night watchman accommodations shall not be closer than twenty-five feet from the fireworks stand. V. No fireworks shall be placed in any fireworks stand until a permit for such stand has been issued by the city.. W. Any person who receives a notice to correct any violation of these regulations or any other condition of the permit, and who fails to correct such violation within the time prescribed in the notice, may be assessed a fee not exceeding the city's cost Of reinspection in accordance with Section 3.70.040 of this code. 8.44.050 Revocation. Any permit issued pursuant to this chapter shall be immediately revoked by the city manager or his designee whenever he finds: A. That misrepresentations were made on the application; or B. That any of the terms or conditions of said permit have been violated, or that the business has been operated in violation of local, state or federal law. 8.44.060 Appeal. A. Should any applicant be dissatisfied with the decision of the city manager or his designee not to grant a permit or to revoke a permit, then 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 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 designee, which decision shall be final and conclusive. B. Pending the hearing before the council, the decision of the city manager or his designee shall remain in full force and effect and any reversal thereof by the city council shall not be retroactive but shall take effect as of the date of the council's decisions. S:\Treasury~Fireworks. Ch8.44.wpd BAKERSFIELD October 17, 2001 Re: Amendments to Fireworks Stand Ordinance Bakersfield Municipal Code, Chapter 8.44 Dear Fireworks Stand Chairperson: City staff and the fireworks vendors met on October 9, 2001 to discuss problems that arose in administering the fireworks ordinance during this past season. In order to correct the problems and improve the application process, proposed amendments to the ordinance were discussed, considered and incorporated in the enclosed (highlighted in gray). A summary of the amendments is also enclosed. These amendments will be considered by the Legislative and Litigation Committee of the Bakersfield City Council at their regular meeting on Monday, October 22, 2001 at 1:00 P.M. in the City Manager's Conference Room in City Hall at 1501 Truxtun Avenue. I apologize for the short notice; however, preparing the amendments has been time consuming. If you have any questions, please call me at (661)326-3032. Very Truly Yours, William C. ~) City Treasurer Enclosures City of Bakersfield · Treasury Division ° P.O. Box 2057 Bakersfield · California · 93303 (661) 326-3761