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Home My WebLink About02/26/2001 BAKERSFIELD Sue Benham, Chair David Couch Jacquie Sullivan Staff: Trudy Slater SPECIAL MEETING NOTICE LEGISLATIVE AND LITIGATION COMMITTEE of the City Council - City of Bakersfield Monday, February 26, 2001 1:00 p.m. City Manager's Conference Room Second Floor- City Hall, Suite 20t 1501 Truxtun Avenue, Bakersfield, CA AGENDA 1. ROLL CALL 2. ADOPT NOVEMBER 28, 2000 AGENDA SUMMARY REPORT 3. PUBLIC STATEMENTS 4. 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 5. NEW BUSINESS A. REVIEW AND RECOMMENDATION~REGARDING PUBLIC ACCESS TELEVISION B. REVIEWAND RECOMMENDATION REGARDING 2001 LEGISLATIVE PLATFORM C. DISCUSS AND SET 2001 COMMITTEE CALENDAR 6. COMMITTEE COMMENTS 7. ADJOURNMENT F LE gSP¥ DRAFT BAKERSFIELD Alan Tandy, City I~ager David Couch, Chair Staff: Darnell W. Haynes Patricia J. DeMond (for Trudy Slater). Jacquie Sullivan AGENDA SUMMARY REPORT LEGISLATIVE .AND LITIGATION COMMITTEE Special Meeting Tuesday, November 28, 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 arrived at 1:25 p.m. 2. ADOPT SEPTEMBER 21, 2000 AGENDA SUMMARY REPORT Adopted as submitted. 3. PUBLIC STATEMENTS None 4. DEFERRED BUSINESS A. REVIEWAND 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 City Attorney Bart Thiltgen discussed the implications of AB 2838, which was signed by the Governor on September 26, 2000 and becomes effective January 1,2001. This new state law affects the annexation process, and many functions that are now performed by the City will be under the control of LAFCO. As this bill contains many new provisions for annexation, reviewing the City's sphere of influence, and the City's relationship under Williamson Act, it will have impacts on the way the City operates. DRAFT Agenda Summary Report Legislative and I. itig~tion Gommittee November 28, 2000 Page 2 AB 2838 is 101 pages long and the City Attorney's office has begun a comprehensive evaluation of the changes in the law. The City Attorney recommended 'placing the resolution/ordinance on hold and pulling the Legislative and Litigation Committee Report from the City Council Agenda for the meeting of November 29~. The proposed resolution has language that will no longer be applicable under the new law, .and any proposed ordinance would not take effect for 30 days and would be preempted by the new state law. The City Attorney state~l that by mid-January his staff should be able to finish their evaluation and have a report summarizing the highlights and impacts of the law with an outline showing how the City functioned under the old law in regard to annexation and how it will function after January 1, 2001. Even though .the law becomes effective January 1st, it will take time for LAFCO to establish staff, develop a budget and operational guidelines under the new law. The proposed annexation guide also has components not in compliance with the new law. Committee Chair David Couch stated he would still be in favor of the City being involved with preparing an annexation guide or a resolution if it is appropriate when it is determined what the City's role will be under the new law. Committee Chair David Couch thanked Committee members and staff for their many hours of work over the past year in preparing the resolution and annexation guide and thanked the citizens for attending the meetings and providing their input. The City Attorney will make a brief statement at the November 29t~ Council meeting and pull the Committee's report from the agenda. 5. COMMITTEE COMMENTS None 6. ADJOURNMENT The meeting adjourned at 1:40 p..m. Staff Attendees: Assistant City'Manager Alan Christensen, Assistant to the City Manager Darnell Haynes, City Attorney Bart Thiltgen, and City Clerk Pam McCarthy. Other Attendees: Ray Allen; Barbara Fields; Barbara Fowler; Becky Kaiser; Ginger Mello; Eileen Melton; James Burger, The Bakersfield Californian;and Tammi Brown, KUZZ. S:~,TTS~Leg-Ut-Com~001128.MIN.wpd CITY OF BAKERSFIELD 2000 LEGISLATIVE PLATFORM THE CITY OF'BAKERSFIELD PROVIDES GOVERNMENTAL DECISION MAKING AT THE LEVEL CLOSEST TO THE PEOPLE. THEREFORE, IT IS INCUMBENT UPON ITS ELECTED OFFICIALS TO PROVIDE LEGISLATIVE LEADERSHIP WITHIN THE CITY'S BORDERS AS WELL AS WHEN DEALING WITH OTHER LEGISLATIVE ENTITIES. THE FOLLOWING POLICY STATEMENTS REFLECT THE LEGISLATIVE PLATFORM OF THE CITY OF BAKERSFIELD FOR 2000. .GENERAL POLICY STATEMENTS .. SUPPORT LEGISLATION WHICH ENHANCES THE CITY'S FISCAL AUTONOMY AND CHARTER CITY STATUS TO ALLOW DISCRETIONARY AUTHORITY OVER LOCAL, STATE AND/OR FEDERALLY MANDATED PROGRAMS. SUPPORT LEGISLATION WHICH PROVIDES FOR GOVERNMENTAL DECISION MAKING AT THE LEVEL CLOSEST TO THE PEOPLE WHENEVER IT IS MOST LIKELY TO PRODUCE THE MOST EFFECTIVE AND EFFICIENT RESULT. SUPPORT LEGISLATION WHICH MAINTAINS AND/OR ENHANCES THE CITY'S LAND USE DECISION-MAKING AUTHORITY. SUPPORT LEGISLATION WHICH FOSTERS MUTUALLY ACCEPTABLE METHODS FOR CITIES AND COUNTIES AND OTHER PUBLIC AGENCIES TO WORK TOGETHER TO SOLVE ISSUES OF LOCAL CONCERN. OPPOSE LEGISLATION WHICH ALLOWS STATE OR FEDERAL CONTROL OVER AND USE OF TRADITIONAL MUNICIPAL GOVERNMENT REVENUE SOURCES.. OPPOSE LEGISLATION WHICH DETRIMENTALLY IMPACTS THE LOCAL ECONOMY. OPPOSE LEGISLATION THAT PLACES GOVERNMENTAL AGENCIES IN COMPETITION FOR LIMITED FISCAL RESOURCES OR ENCOURAGES SHIFTING OF SERVICE RESPONSIBILITY WITHOUT PROVIDING ADEQUATE FUNDING. Page I of 3 .,QUALITY OF LIFE SUPPORT LEGISLATION WHICH PROMOTES SAFE, EFFICIENT, COST EFFECTIVE, AND RESPONSIBLE MANAGEMENT OF THE ENVIRONMENTAL COMPONENTS OF ISSUES SUCH AS URBAN DEVELOPMENT, AIR QUALITY, WATER QUALITY, TRANSPORTATION, WASTEWATER TREATMENT, AND SOLID WASTE MANAGEMENT. SUPPORT LEGISLATION WHICH INCREASES CITY PARTICIPATION AND REPRESENTATION IN STATE AND FEDERAL ISSUES OF REGIONAL CONCERN. SUPPORT LEGISLATION WHICH PROVIDES INCREASED FUNDING OF CULTURAL, RECREATIONAL AND OPEN SPACE PROGRAMS. SUPPORT LEGISLATION WHICH PROVIDES APPROPRIATE MUNICIPAL REPRESENTATION ON POLICY-MAKING BODIES WITH INTER JURISDICTIONAL POWERS (I.E., THE LOCAL AGENCY FORMATION COMMISSION, THE COUNCIL OF GOVERNMENTS, AND THE KERN COUNTY WATER AGENCY'S IMPROVEMENT DISTRICT #4). SUPPORT LEGISLATION WHICH PROVIDES APPROPRIATE FUNDING MECHANISMS FOR THE PROVISION OF LOCAL PUBLIC SAFETY SERVICES. OPPOSE LEGISLATION WHICH INCREASES THE COST OF OR ENDANGERS THE CLEAN, RELIABLE SOURCE OF WATER AVAILABLE TO THE CITY FROM THE KERN RIVER. GENERAL GOVERNMENT SUPPORT LEGISLATION WHICH EXPANDS THE CITY'S ABILITY TO DEAL ON A STATE LEVEL WITH STATE-MANDATED ISSUES AFFECTING THE FINANCIAL CONDITION OF THE CITY. SUPPORT LEGISLATION WHICH ENHANCES MUNICIPAL CONTROL OVER PROGRAM SCOPE, IMPLEMENTATION, AND FUNDING. SUPPORT LEGISLATION WHICH PROVIDES FOR EQUITABLE DISTRIBUTION OF STATE FUNDS FOR CITY PROGRAMS. SUPPORT LEGISLATION OR A CONSTITUTIONAL AMENDMENT THAT PROVIDES PERMANENT FISCAL RELIEF FOR CITIES IN LIGHT OF THE STATE BUDGET SURPLUS. SUPPORT LEGISLATION WHICH CONSOLIDATES SPECIAL DISTRICTS WITH OVERLAPPING JURISDICTIONS AND/OR RESPONSIBILITIES WHERE SUCH CONSOLIDATION IS CLEARLY OF BENEFIT TO THE CITY. SUPPORT LEGISLATION WHICH FACILITATES AND EXPEDITES MUNICIPAL ANNEXATION EFFORTS. OPPOSE LEGISLATION WHICH INTRUDES INTO THE CITY'S COLLECTIVE BARGAINING PROCESS AND RIGHTS. Page 2 of 3 FINANCES SUPPORT LEGISLATION WHICH ADVOCATES RESPONSIBLE AND REASONABLE STATE- MANDATED PROGRAMS IF REVENUES ARE PROVIDED AND SUCH LEGISLATION IS OF CLEAR BENEFIT TO THE CITY. SUPPORT LEGISLATION WHICH PROMOTES CONTINUED DIVERSIFICATION OF THE LOCAL ECONOMY. SUPPORT' LEGISLATION WHICH REDUCES THE NEGATIVE FINANCIAL AND OPERATIONAL IMPACTS OF TAX INCREMENT FINANCING ON AFFECTED AGENCIES. SUPPORT LEGISLATION WHICH IMPROVES CITY GOVERNMENT'S ABILITY TO FINANCE DISCRETIONARY PROGRAMS. SUPPORT LEGISLATION WHICH ENHANCES THE CITY'S ABILITY TO FUND ITS CAPITAL INFRASTRUCTURE NEEDS. SUPPORT LEGISLATION WHICH PROMOTES THE USE OF LOCAL BANKS WHERE POSSIBLE AND LOCAL BRANCHES OF NATIONAL BANKS AND FINANCIAL INSTITUTIONS FOR CITY INVESTMENT. OPPOSE THE IMPOSITION OF FEES AT THE MUNICIPAL LEVEL TO FUND STATE PROGRAMS NOT RELATED TO MUNICIPAL MATTERS. Page 3 of 3 LEG~SLATIVE AND LIT~GATtION COMMITTEE PROPOSED 2001 MEETING SCHEDULE OLegislative & Committee ~ City Councit Meeting Holiday Litigation 1:00 ;Joint meeting ~Budget Hearing or City Council and Department Presentations Board of Supervisors at City Council Meeting JANUARY FEBRUARY MARCH S M T W TH F S S M T W TH F S S M T W TH F S 2 3 4 5 6 1 2 3 1 2 3 7 8 9 10 11 12 13 4 5 8 7 8 9 10 4 5 6 7 8 9 10 t7 16L.,~~ 18 19 20 11 t2 13L,_~J 15 16 11 12 13L..~~ 15 18 17 21 22 23 24 25 26 27 18liii~iiiiii~¢i~i 20 21 22 23 24 20 21 22 23 24 28 29 30~ 25~ 27~ 27~ 29 30 31 APRIL MAY JUNE s M T w TH F S S M T W TH ~ S S M T W TH ~ S 1 2 3 4 5 6 7 1 2 3 4 5 1 2 8 9 101_,...~J 12 13 14 6 7 8~9 10 11 12 3~__d 5 6 7 8 9 15~16 17~18 19 20 21 13~14 15~ 17 18 19, 10 11 12 14 15 16 22(~2~*~,~j 24L~_2..~ 26 27 28 20II 2-~-~t 22 23 24 25 26, 19~20 21 22 23 29 30 27~!~ 29~ 31 26~ 28 29 30 JULY AUGUST SEPTEMBER S M T W TH F S S M T W TH F S S M T W TH F S 1 2 5 6 7 1 2 3 4 t 8 9 10 11 12 13 14 5 8 7~ 9 10 11 4~ 8 7 8 15 16 17L_.,1_~j t9 20 2t t2 13 14~15 t6 17 18 11~12 13 14 15 22 23 24 25 26 27 28 19 20 211.~_1 23 24 25 18 17 18[.__1_~_~20 21 22 28~ 28 29 30 31 23~ 25 28 27 28 29 29 30 31 3o OCTOBER NOVEMBER DECEMBER S M T W TH F S S M T W TH F S S M T W TH F S 1 2 3 4 5 6 1 2 3 1 7 8 91....~1 11 12 13 4 5 8 7 8 9 10 2 3 4 5 6 7 8 21 23,_._~_~..~25 26 27 18 19 ZU Z~ ....... l;I#!~,,',~!i~"~,.,,~ 24 16 17 18 19 20 21 22 January 30,2001